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LUTC PKT 03-04-2019
City of Federal Way City Council Land Use & Transportation Committee March 4, 2019 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date Time A. Approval of Minutes: January 7, 2019 Tenuta 3 Action N/A 5 min B. 2019 Asphalt Overlay Program Bid Award Huynh 7 Action March 19, 2019 5 min Consent C. NPDES Annual Report and Stormwater Myhre 13 Action March 19, 2019 10 min Management Program Update Consent D. ORDINANCE: Relating to the 2018 Amendments to Perez 51 Action March 19, 2019 10 min the Federal Way Comprehensive Plan and Ordinance Comprehensive Plan Map to Realign the Future First Reading Extension of South 324th Street Further South to Connect with Weyerhaeuser Way South E. 2019 Planning Commission Work Program Clark 133 Action March 19, 2019 10 min Business F. ORDINANCE: Relating to the 2018 Amendments to Hansen 139 Action March 19, 2019 20 min the Federal Way Comprehensive Plan, Ordinance Comprehensive Plan Map, and Zoning Map for the First Reading Milton Road Area Legislative Comprehensive Plan Amendment and Rezone G. Status Report on the SWM Comp Plan/CIP Update Thurlow 349 Info N/A 10 min and Rate Study H. Update on the Development Agreement with Sound Doucette 351 Info N/A 15 min Transit for the Federal Way Link Extension Project I. Information on Developing and Implementing a Davis 355 Info N/A 10 min City Rental Inspection Program 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, April 1, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Jesse E.Johnson,Member Mercedes Tenuta,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. z City of Federal Way DRAFT City Council Land Use & Transportation Committee January 7, 2019 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Mark Koppang, Committee member Jesse Johnson, and Committee member Hoang Tran. Councilmembers in attendance: Deputy Mayor Susan Honda Staff in Attendance: Public Works Director EJ Walsh, Community Development Director Davis, Deputy Public Works Director Desiree Winkler, Deputy City Attorney Mark Orthmann, Senior Policy Advisor Yarden Weidenfeld, Planning Manager Robert"Doc" Hansen, Capital Projects & Engineering Manager Sarah Hamel, Senior Planner Jim Harris, Senior Engineering Plans Reviewer Ann Dower, Surface Water Manager Theresa Thurlow, Street Systems Project Engineer John Mulkey, Senior Traffic Engineer Erik Preston, Surface Water Engineer Kent Smith, and Administrative Assistant II Mercedes Tenuta. 1. CALL TO ORDER: Chair Koppang called the meeting to order at 5:01 p.m. 2. PUBLIC COMMENT: Giai Sather, a Federal Way resident, expressed concerns about the airplane noise. Dana Hollawav, commended Senior Policy Advisor, Yarden Weidenfeld, for his thorough reports on the progress on aircraft issues. Bernedine Lund, a Federal Way Resident, also commended Mr. Weidenfeld for his thorough reports on the progress on aircraft issues. Ms. Lund also expressed concerns about the airplane noise. She provided a copy of the City of Burien's Council meeting packet for January 7, 2019 that included multiple draft resolutions pertaining to the airport as well as a copy of her public comment at the December 19, 2018 StART meeting. 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: December 3, 2018 Committee approved the December 3, 2018 LUTC minutes as presented. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously B. RESOLUTION: Mirror Lake Highland Final Plat Approval Senior Planner,Jim Harris, presented a final plat summary for Mirror Lake Highland noting that it was a Cottage Housing Demonstration project and includes 16 single-family residential lots and 6 tracts. Mr. Harris provided various pictures and outlined the procedural summary. Committee forwarded the proposed resolution to the January 15, 2019 Council Consent Agenda for approval. Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 3 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously C. Brook Lake Center Connector Trail at West Hylebos Wetlands Park—85% Design Status Report and Authorization to Bid Street Systems Project Engineer, John Mulkey, provided a background of the project that will connect the terminus of the West Hylebos Wetlands Park Boardwalk Trail to the Brook Lake Center property on the east side of Brook Lake. The project is entirely on City-owned property and will provide a second access point to the trail. The park and boardwalk trail are critical to Surface Water Management's public education and outreach efforts along with the Storming the Sound with Salmon release event. Mr. Mulkey provided a project map with photos, a project status, and outlined the funding and expenditures. Committee forwarded Option #1 (Authorize staff to complete the design and bid the Brook Lake Center Connector Trail at West Hylebos Wetlands Park Project and return to the LUTC and Council for bid award,further reports and authorization)to the January 15, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously D. Master Lighting Services Agreement— PSE— Phase 1 Senior Traffic Engineer, Erik Preston, provided a brief background of the Citywide LED street light conversion to convert 2200 city-owned and 2700 PSE-owned lights from HPS to LED. Mr. Preston outlined the scope of work, costs, completed work, remaining schedule and budget. Mr. Preston and Councilmembers held a brief discussion regarding the projected energy savings, maintenance savings, and life cycle differences. Committee forwarded Option #1 (Authorize the Mayor to execute the Master Lighting Agreement and associated Task Order with PSE) to the January 15, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously E. Acceptance of FY 2019 King County CFT Funds Surface Water Manager,Theresa Thurlow, provided background information regarding the funds applied for to be used for the acquisition of property within the East Hylebos watershed. The City of was notified in December 2018 that King County had approved the award of$500,000.Acceptance of the funding will require identification of matching funds when the FY 2019 funds are required for acquisition. Ms. Thurlow provided an acquisition map as well as outlined the financial impacts and key aspects of the inter-local agreement and proposed changes to allow the amendment process to be more streamlined. Committee forwarded Option #1 (Authorize SWM staff to accept FY 2019 King County CFT funds in the amount of $500,000 and approve the amendment to the King County-City of Federal Way CFT ILA) to the January 15, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 4 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 F. Request for Proposals— Underground Utility Locate Contract Deputy Public Works Director, Desiree Winkler, provided background information about the requirement for the City to mark-out City-owned utilities when One Call is requested within the City limits. Currently, Surface Water Management(SWM) staff mark out SWM facilities, Traffic is marked out by a contract with King County(City is still responsible if a utility strike occurs), and City fiber is largely not marked out(City is liable for all fiber utility strikes). SWM identified the need for additional inspection resources to meet continued NPDES permit requirements and Traffic identified as an area where risk could be reduced. Ms. Winkler outlined the alternatives considered with the selection being to outsource the mark-outs which would provide the most advantage to the City at the lowest cost. Committee forwarded Option #1 (Authorize staff to request proposals for the Underground Utility Locate Contract and return to LUTC and Council for award and further authorization) to the January 15, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously G. Report on Progress on Aircraft Issues Senior Policy Advisor, Yarden Weidenfeld, provided an extensive update of key points discussed at the various meetings including the Sea-Tac Airport Stakeholders Roundtable (StART) Aviation Noise Working Group, the advisory committee for the Local Community Impacts Study, and the Highline Forum. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on February 4, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 6:14 p.m. Attest: Approved by Committee: Mercedes Tenuta, Administrative Assistant II Date Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 5 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 This page left blank intentionally. 6 COUNCIL MEETING DATE: March 19, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2019 ASPHALT OVERLAY PROJECT BID AWARD POLICY QUESTION: Should the Council award the 2019 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Jeff Huynh Street Systems Engineer-;1,7- DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated March 4, 2019. Options Considered: 1. Award all schedules for the 2019 Asphalt Overlay Project to Miles Resources, LLC,the lowest responsive,responsible bidder,in the amount of$1,428,229.40 and approve a 2%contingency of $28,038 for a total of$1,456,267 and authorizes the Mayor to execute the contract. 2. Reject all bids for the 2019 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 19, 2019 City Council _Consent Agenda for appro al. . MAYOR APPROVAL: t � DIRECTOR APPROVAL: ���Zfol�°I Co tttet �Ilisl+:if I tal/Date Ini#iaVDare Initial Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the March 19, 2019 City Council consent agenda for approval. Mark Koppang,Committee Jesse Johnson, Committee Hoang Tran, Committee Member Chair Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2019 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of$1,428,229 and approve a 2%contingency of$28,038 for a total of$1,456,267 and authorizes the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 7 CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director4V� Jeff Huynh, Street Systems Engineer-11%i SUBJECT: 2019 Asphalt Overlay Project-Bed Award FINANCIAL IMPACTS: The cost to the City for the 2019 Asphalt Overlay Project was included within the approved budget under the Public Works Department, 102-4400-517-595-30-635. In accordance with the approved budget,this item is funded by Fuel Tax and Real Estate Excise Tax. Upon completion of the 2019 Asphalt Overlay Project,no other ongoing costs are anticipated. BACKGROUND' Four bids were received and opened on February 25,2019 for the 2019 Asphalt Overlay Project;please see attached Bid Tabulation Summary. The lowest responsive,responsible bidder is Miles Resources,LLC,with a total bid of $1,428,229.40. AVAILABLE FUNDING: The available budget for the 2019 Asphalt Overlay Project is $1,680,267 and is comprised of the following: • 2019 Overlay Budget $ 1,514,000 • 2019 Structures Budget $ 166,267 TOTAL PROGRAM FUNDINGAVAILABLE: $ 1,680,267 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION AMOUNT Al IstAve S (S 363rd P1 to S 361st P1) $ 213,623 A2 1st Ave S (S 361st PI to S 356th St) $ 274,912 B S 336th St(10th PI S to 18th Ave S) $ 431,860 C 1stAve S (SW 312th St to SW 301st St) $ 507,834 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: 51,428,229 Construction Contingency(2%) $ 28,038 Pavement Management System $ 70,000 In-house Design and Construction Administration $ 150,000 Printing and Advertising $ 4,000 ESTIMATED TOTAL PROGRAM COST: $1,680,267 Staff recommends awarding all schedules of the 2019 Asphalt Overlay Project to Miles Resources,LLC,the lowest responsive, responsible bidder, in 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COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leah Myhre,Water Quality Prom Coordinator LANA DEPT: Public Works Attachments: Land Use and Transportation Memorandum dated March 4, 2019 Options Considered: 1. Approve the 2019 Annual Report and SWMP documents and authorize the Mayor to submit documents to the Department of Ecology by March 31ST to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2019 Annual Report and SWMP documents and provide direction to staff. MAYOR'S RECOIv-i1.NiENDAT 10N: MAYOR APPROVAL: DIRECTOR APPROVAL: ax itteeo Alcil i nitialfDatc lltttlAllDatC Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the March 19, 2019 City Council consent agenda for approval. Nkirl Conlntitlee ( Iwir jC Se.1ollrlsoll. C'oiiltilittee NICIIII)er I koros l'rain. Committee Member PROPOSED COUNCIL MOTION: "I move to authorize submittal of the 2019 NPDES Annual Report and SWMP to the Department of Ecology by March 31, 2019 to satisfy the City's NPDES Permit obligations. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 13 CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Leah Myhre, Water Quality Program Coordinator VC`n SUBJECT: NPDES Annual Report and Stormwater Management Program Update FINANCIAL IMPACTS: Submittal of the National Pollutant Discharge Elimination System (NPDES) Annual Report and Stormwater Management Program (SWMP) Update is required by the city's NPDES Phase II Municipal Stormwater Permit and will have no direct financial impacts. BACKGROUND: The National Pollutant Discharge Elimination System(NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the United States,pursuant to the Clean Water Act. The EPA may grant permitting authority to states and in Washington that regulatory authority resides with the Washington State Department of Ecology(DOE). The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on August 1,2012 and went into effect on August 1,2013.The Permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP)that addresses and directs the following six Permit-required activities: 1) Public Education and Outreach 2) Public Involvement 3) Illicit Discharge Detection and Elimination 4) Construction Site Run-Off 5) Operations and Maintenance of Post-Construction Stormwater Facilities, and 6) Monitoring In addition to the SWMP,the Permit also requires the City to submit an Annual Report intended to update DOE on the status of the City's compliance with the NPDES Phase II Municipal Stormwater Permit. Annual Reports must be submitted to DOE on or before March 31 of each year. Since the effective date of this Permit, City staff has been working with DOE and several regional forums to determine how to best meet Permit requirements. City staff prepared the following documents (attached)to rneet the 2019 Annual Report and SWMP update requirements specified in the Permit: • 2019 Annual Report • Stormwater Management Program(SWMP) Update 14 2019 NPDES Annual Report Cid of Federal Way 2019 Annual Report Questions for the Western Washington Phase II Municipal Stormwater Permit The Western Washington Phase II Municipal Stormwater permit(NPDES permit) requires all Permittees to submit annual reports describing the progress of their permit implementation activities.Annual reports cover the previous calendar year's activities, unless otherwise specified, and must be signed by the responsible official and submitted to Ecology by March 31 each year. The Annual Report consists of 67 questions and requires the preparation of several supporting documents. The Annual Report must be submitted online through Ecology's WQWebPortal service. Number Permit Y or N Question Section Attach updated annual Stormwater 1 S5.A.2 Attachment 1 Management Program Plan (SWMP Plan). Attach a copy of any annexations, incorporations or boundary changes resulting in an increase or 2 S9.D.5 N/A decrease in the Permittee's geographic area of permit coverage during the reporting period per S9.D.5. Implemented an ongoing program to gather, track, and maintain information per S5.A.3, 3 S5.A.3 Y including costs or estimated costs of implementing the SWMP. Coordinated among departments within the 4 S5.A.5.b Y jurisdiction to eliminate barriers to permit compliance. Attach a written description of internal 4b S5.A.5.b N/A coordination mechanisms. (Required to be submitted no later than March 31, 2015) 55.C.l.a.i Attach description of public education and 5 and ii Attachment 2 outreach efforts conducted per S5.C.l.a.i and H. Created stewardship opportunities (or partnered 6 S5.C.1.b Y with others) to encourage resident participation in activities such as those described in S5.C.1.b. Used results of measuring the understanding and adoption of targeted behaviors among at 7 S5.C.l.b Y least one audience in at least one subject area to direct education and outreach resources and evaluate changes in adoption of targeted behaviors. 7b S5.C.1.b Attachment 3 Attach description of how this requirement was met. 15 2019 NPDES Annual Report City of Federal Way Opportunities for public Describe the opportunities created for the public participation and comment to participate in the decision making processes involving the Stormwater involving the development, implementation and Management Program updates of the Permittee's SWMP. (S5.C.2.a) (SWMP)are available at the 8 S5.C.2.a Land Use and Transportation Committee and City Council meetings when the SWMP and Annual Report are reviewed. Comments are also encouraged on the City website. Posted the updated SWMP Plan and latest 9 S5.C.2.b Y annual report on your website no later than May 31. https://www.cityoffederalway List the website address. .com/sites/default/files/Docu 9b S5.C.2.b ments/Department/PW/Surfs ce%20Water/combined%20at tachments%20for%20website. pdf 10 S5.C.3.a.i- Y Maintained a map of the MS4 including the vi requirements listed in S5.C.3.a.i.-vi. Implemented a compliance strategy, including 11 S5.C.3.b.v Y informal compliance actions as well as enforcement provisions of the regulatory mechanism described in S5.C.3.b. Updated, if necessary, the regulatory mechanism to effectively prohibit illicit 12 S5.C.3.b.vi N/A discharges into the MS4 per S5.C.3.b.vi. (Required no later than February 2, 2018) 12b S5.C.3.b.vi N/A If Yes, cite the code reference. Implemented procedures for conducting illicit 13 S5.C.3.c.i Y discharge investigations in accordance with S5.C.3.c.i. The City utilizes the Federal Cite methodology. „ Way Illicit Discharge Detection and Elimination Field Procedures and Response Plan which references the 13b S5.C.3.c.i following two guidance documents: Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments, Center for Watershed Protection, and 16 2019 NPDES Annual Report City of Federal Way the Illicit Connection and Illicit Discharge Field Screening and Source Tracing Guidance Manual, King County, Herrera. Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. (Required to screen 14 S5.C.3.c.i 52% 40%of MS4 no later than December 31, 2017 and 12%on average each year thereafter. List the hotline telephone number for public 15 S5.C.3.c.ii (253)835-2700 reporting of spills and other illicit discharges. 15b S5.C.3.c.ii 27 Number of hotline calls received. t Implemented an ongoing illicit discharge training 16 S5.C.3.c.iii Y program for all municipal field staff per S5.C.3.c.iii. Informed public employees, businesses, and the 17 S5.C.3.c.iv Y general public of hazards associated with illicit discharges and improper disposal of waste. SWM utilizes its Public Describe these actions. Education and Outreach Program to inform staff, residents, and businesses about hazards associated with 17b S5.C.3.c.iv illicit discharges. Examples of outreach methods used include: newsletters, staff training, public workshops, business inspections, mailings, and participation in regional campaigns. Implemented an ongoing program to 18 S5.C.3.d Y characterize,trace, and eliminate illicit discharges into the MS4 per S5.C.3.d. Number of illicit discharges, including illicit 19 S5.C.3.d.iv 96 connections, eliminated during the reporting year. Attach a summary of actions taken to characterize,trace and eliminate each illicit 20 S5.C.3.d.iv Attachment 4 discharge found by or reported to the permittee. For each illicit discharge, include a description of actions according to required timeline per S5.C.3.d.iv. Municipal illicit discharge detection staff are 21 S5.C.3.e Y trained to conduct illicit discharge detection and elimination activities as described in S5.C.3.e. 17 2019 NPDES Annual Report City of Federal Way Implemented an ordinance or other enforceable mechanism to address runoff from new 22 S5.C.4.a Y development, redevelopment and construction sites per the requirements of S5.C.4.a. Revised ordinance or other enforceable mechanism to effectively address runoff from 23 S5.C.4.a.i- N/A new development, redevelopment and iii construction sites per the requirements of S5.C.4.a.i-iii. (Required no later than December 31, 2016) Section 16.20.010 of the King Cite code reference. 23b S5.C.4.a.i- County Surface Water Design iii Manual and Section 16.25 of the Federal Way Revised Code Number of exceptions granted to the minimum 24 S5.C.4.a.i 0 requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) Number of variances granted to the minimum 25 S5.C.4.a.i 0 requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) _ Reviewed StormwaterSite Plans for all proposed 26 S5.C.4.b.i Y development activities that meet the thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.i) 26b S5.C.4.b.i 124 Number of site plans reviewed during the reporting period. Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and 27 S5.C.4.b.ii Y requirements in Appendix 7 Determining Construction Site Sediment Damage Potential, or alternatively, inspected all construction sites meeting the minimum thresholds adopted pursuant to S5.C.4.a.i. 27b S5.C.4.b.ii 24 Number of construction sites inspected per S5.C.4.b.ii. Inspected permitted development sites during 28 S5.C.4.b.iii Y construction to verify proper installation and maintenance of required erosion and sediment controls. 28b S5.C.4.b.iii 24 Number of construction sites inspected per S5.C.4.b.iii. Number of enforcement actions taken during 29 S5.C.4.b.ii, 21 the reporting period (based on construction iii and v phase inspections at new development and redevelopment projects). 18 2019 NPDES AnMlai Report City of Federal Way Inspected all permitted development sites that meet the thresholds in S5.C.4.a.i upon 30 S5.C.4.b.iv Y completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. 31 S5.C.4.b.ii- Y Achieved at least 80%of scheduled iv construction-related inspections. Verified a maintenance plan is completed and 32 S5.C.4.b.iv Y responsibility for maintenance is assigned for projects. Implemented provisions to verify adequate long- term operation and maintenance (O&M) of 33 S5.C.4.c Y stormwater treatment and flow control BMPs/facilities that are permitted and constructed pursuant to S5.C.4. a and b. Updated provisions to verify long-term operation and maintenance of stormwater and ii 34 S aY treatment and flow control BMPs/facilities that and are permitted pursuant to S5.C:4.a and b. (Required no later than December 31, 2016) Annually inspected stormwater treatment and 35 S5.C.4.c.iii Y flow control BMPs/facilities per S5.C.4.c.iii. 1 If using reduced inspection frequency for the 35b S5.C.4.c.iii N/A first time during this permit cycle, attach documentation per S5.C.4.c.iii. Inspected new residential stormwater treatment and flow control BMPs/facilities and catch basins 36 S5.C.4.c.iv Y every 6 months per S5.C.4.c.iv to identify maintenance needs and enforce compliance with maintenance standards. ---------.-.— —.. Achieved at least 80%of scheduled inspections 37 S5.C.4.c.v Y to verify adequate long-term O&M. Verified that maintenance was performed per 38 S4.C.4.c.vi Y the schedule in S5.C.4.c.vi when an inspection identified an exceedance of the maintenance standard. Attach documentation of any maintenance 38b S5.C.4.c.vi N/A delays. Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for 39 S5.C.4.d Y Industrial Activity to representatives of proposed new development and redevelopment. 19 2019 NPDES Annual Report City of Federal Way All staff responsible for implementing the program to control stormwater runoff from new 40 S5.C.4.e Y development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement are trained to conduct these activities. Reviewed, revised and made effective the low 41 S5.C.4.f.i N/A impact development-related enforceable documents per S5.C.4.f.i. (Required by December 31, 2016) Attach a summary of the LID review and revision process that includes the requirements listed in 41b S5.C.4.f.ii N/A S5.C.4.f.ii. (Required with annual report due no later than March 31, 2017) Participated and cooperated with the 42 S5.C.4.g N/A watershed-scale stormwater planning process led by a Phase I county. Updated and implemented maintenance standards as protective, or more protective, of facility function as those specified in Chapter 4 43 S5.C.5.a Y of Volume V of the Stormwater Management Manual for Western Washington (as amended 2014). (Required no later than December 31, 2016) Applied a maintenance standard that is not 44 S5.C.5.a N specified in the Stormwater Management Manual for Western Washington. Please note what kinds of facilities are covered 44b S5.C.5.a N/A by this alternative maintenance standard. 45 S5.C.5.a.ii Y Performed timely maintenance per S5.C.5.a.ii. Annually inspected all municipally owned or 46 S5.C.5.b Y operated permanent stormwater treatment and flow control BMPs/facilities. Number of known municipally owned or 46b S5.C.5.b 496 operated stormwater treatment and flow control BMPs/facilities. 46c S5.C.5.b 231 Number of facilities inspected during the reporting period. 46d S5.C.5.b 320 Number of facilities for which maintenance was performed during the reporting period. If using reduced inspection frequency for the 47 S5.C.5.b N/A first time during this permit cycle, attach documentation per 55.C.5.b. Conducted spot checks and inspections (if 48 S5.C.5.c Y necessary) of potentially damaged stormwater facilities after major storms as per S5.C.5.c. 20 2019 NPDES_Annual_Report City of Federal Way Inspected all municipally owned or operated catch basins and inlets as per S5.C.5.d,or used 49 S5.C.5.d Y an alternative approach. (Required once no later than August 1, 2017 and every two years thereafter) 49b S5.C.5.d 121570 Number of known catch basins. 49c S5.C.5.d 6,522 Number of catch basins inspected during the reporting period. 49d S5.C.5.d 2,339 Number of catch basins cleaned during the reporting period. S5.C.5.d.i- Attach documentation of alternative catch basin 50 ii Attachment 5 cleaning approach, if used. (S5.C.5.d.i or ii) I Implemented practices, policies and procedures to reduce stormwater impacts associated with 51 S5.C.5.f Y runoff from all lands owned o.r maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. Implemented an ongoing training program for Permittee employees whose primary 52 S5.C.5.g Y construction, operations or maintenance job _ functions may impact stormwater quality. Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards, and material storage facilities 53 S5.C.5.h Y owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. Complied with the Total Maximum Daily Load 54 S7.A N/A (TMDL)-specific requirements identified in Appendix 2. For TMDLs listed in Appendix 2: Attach a 55 S7.A N/A summary of relevant SWMP and Appendix 2 activities to address the applicable TMDL parameter(s). Attach a description of any stormwater 56 �S8.A N/A monitoring or stormwater-related studies as described in S&A. Participated in cost-sharing for the regional 57 58.6.1 Y stormwater monitoring program (RSMP)for status andtre _ _ If choosing to conduct monitoring in accordance 57b S8.13.2 N/A with S8.13.2, attach a data report in accordance with the approved QAPP. 21 2019 NPDES Annual Report City of Federal Way Participated in cost-sharing for the regional 58 S8.C.1 Y stormwater monitoring program (RSMP) for effectiveness studies. If choosing to conduct discharge monitoring, 58b S8.C.2 N/A attach an annual stormwater monitoring report in accordance with S8.C.2 and Appendix 9. Contributed to the RSMP for source 59 S8.D.1 Y identification and diagnostic monitoring information repository in accordance with S8.D. Notified Ecology in accordance with G3 of any 60 G3 Y discharge into or from the Permittee's MS4 which could constitute a threat to human health, welfare or the environment. 61 G3 2 Number of G3 notifications provided to Ecology. Took appropriate action to correct or minimize 62 G3.A Y the threat to human health, welfare, and/or the environment per G3.A. Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's 63 S4.F.1 Y MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. If requested, submitted an Adaptive 64 S4.F.3.a N/A Management Response report in accordance with S4.F.3.a. Attach a summary of the status of implementation of any actions taken pursuant 65 S4.F.3.d N/A to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. Notified Ecology of the failure to comply with 66 G20 N/A the permit terms and conditions within 30 days of becoming aware of the non-compliance. 67 G20 0 Number of non-compliance notifications (G20) provided in reporting year. 67b G20 N/A List permit conditions described in non- compliance notification(s). 22 2019 NPDES Annual Report-Attachment 1 City of Federal Way Attachment 1 - Stormwater Management Program Update Introduction The National Pollutant Discharge Elimination System (NPDES) Permit Program is a requirement of the Federal Clean Water Act intended to protect and restore waters for "fishable and swimmable" uses. The Federal Environmental Protection Agency delegated permitting authority to state environmental agencies. In Washington, the NPDES-delegated authority is the Washington State Department of Ecology (Ecology). Since the City of Federal Way (City) operates a small municipal separate storm sewer system (MS4) that serves less than 100,000 people, it is designated as a "Phase II" community and must comply with Ecology's Western Washington Phase II NPDES Municipal Stormwater Permit (Permit). The first Permit was issued to the City in 2007 and the current Permit was re-issued in 2012. A new Permit was to be issued July 2018, however, Ecology extended the terms of the current Permit and it will continue to stay in effect through July 2019. The Permit allows municipalities to discharge stormwater runoff from the MS4 into the State's water bodies (e.g., streams, rivers, lakes, wetlands, Puget Sound, etc.) as long as municipalities implement measures to protect water quality to the "maximum extent practicable" through the application of best management practices. These required practices, specified in the Permit, are implemented through the City's Stormwater Management Plan (SWMP). Permit section 55.2.A requires that the City detail "activities for the upcoming calendar year" in order to meet Permit requirements. These activities are documented within the SWMP and organized according to the following program components as outlined in the Permit: • Public Education and Outreach (S5.C.1) • Public Involvement and Participation (S5.C.2) • Illicit Discharge Detection and Elimination (S5.C.3) • Control of Runoff from New Development, Redevelopment, and Construction Sites(S5.C.4) • Pollution Prevention and Municipal Operations and Maintenance (S5.C.5) • Monitoring (S8) The goal of the SWMP is to apply all known and reasonable technologies (AKART) to reduce the discharge of pollutants into area receiving waters, protect surface waters from water quality degradation, and conserve aquatic ecosystems. 23 2019 NPDES Annual Report-Attachment 1 City of Federal Way Public Education and Outreach The Surface Water Management Division (SWM) provides ongoing public education and outreach designed to reduce and eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. Staff utilizes a variety of approaches to inform targeted audiences about stormwater issues and provides specific actions people can follow to minimize stormwater pollution. S5.C.I.a.i and ii Targeted Stormwater Outreach A summary of educational activities scheduled for 2019 is provided as follows: • Continue to make improvements to the Storming the Sound with Salmon (SSS) Program. In 2016, SWM determined the culminating release event was not providing a learning opportunity for high school aged students. In 2016, 2017, and 2018, SWM worked with the Federal Way Public Schools to implement various options for the final phase of the SSS program at the high school level. Evaluation of these options provided insight and direction for planning a more relevant experience for high school students in the 2018/2019 school year. In 2019, SWM will work on developing a meaningful, age-appropriate experience for high school students that will include a capstone project within environmental sciences courses. This will help connect students to career opportunities in the environmental field and involve them in an authentic research experience.The capstone project will include water quality sampling, monitoring, and testing in a waterway local to their school and proposing an action project based on the data collected. Continue to sponsor the salmon release event in the spring for the SSS program and make meaningful changes to the program's implementation. Each year, students participate in a daylong field trip to release their Salmon into the West Hylebos Creek and participate in water and ecological related presentations and activities led by staff and several volunteer environmental organizations. Past events spanned four days and were open to classes in grades K-6. This year the event will span five days, and will become a grade level experience for all fourth graders. • Develop an Interlocal Agreement (ILA) with the City of Federal Way Public Schools to standardize SSS implementation for all schools that participate.The ILA will also provide clearly defined areas of responsibility for the City and for the School District and provide a framework for program sustainability. • Continue to partner with the Environmental Coalition of South Seattle (ECOSS) to provide stormwater education and free spill kits to businesses in the automotive and restaurant industries. ECOSS provides stormwater inspection support, customized spill plans, and spill response training for managers and employees. In previous years, ECOSS was funded by a regional grant to provide this outreach effort to twenty area businesses, particularly to businesses that had multi-lingual employees. Although grant funding is no longer available, SWM intends to continue this program, targeting outreach to businesses with activities that are prone to spills, such as restaurants and automotive support services. • Continue to produce newsletters and other publications that address a variety of topics on pollution prevention and general awareness of stormwater related issues. In August 2018, SWM switched to a shared monthly e-newsletter with the City's Solid Waste Division. This has enabled 24 2019 NPDES Annual Report-Attachment 1 City of Federal Way SWM to reach a wider audience, and to provide more time-sensitive information related to upcoming events and Permit-related issues. • Continue to sponsor stormwater and environmental related workshops. Since 2017 the City has partnered with a locally-owned fresh food marketplace to host the City's Green Living Workshop Program in an effort to increase awareness of this program. Due to the substantive increase in participation, SWM will continue to partner with Solid Waste to sponsor free classes to the public on topics such as green cleaning, natural lawn care, water conservation, rain gardens, and the use of rain barrels. • As a result of local organizations increasing their use of charity car wash ticket programs run through the Pacific Northwest Car Wash Association and Brown Bear Car Wash, the City reduced the number of fish friendly car wash kits available to the public in 2018. These kits are designed to divert wash water to the sanitary sewer system and are loaned out by the City for charity car washes at no cost. Due to more organizations using external charity car wash ticket programs, only 6 kits were checked out in 2018—less than in previous years. In 2019, SWM will continue to encourage the use of charity car wash ticket programs and will reduce the number of car wash kits available for check out to two. • Continue to provide educational markers for installation near catch basins that drain to the MS4.The markers inform the public that the drains discharge to local waterways. • Continue to run the Scoop the Poop Campaign. In 2018, the City focused on audience and behavior research, identification of motivators and barriers to picking "' up pet waste, and the adoption of specific strategies to address the = r identified motivators/barriers using focus groups, door-to-door surveys, and a pre-survey mailer to the targeted area, tabling at community events, and a "Scoop the Poop Pledge." In 2019, staff will focus on outreach to enlist the help of local pet-related businesses to disseminate the message. Outreach will also include a press release, a social media posts, and a pet waste specific page on the Surface Water website. Water quality staff will also conduct monthly fecal testing within the watershed to determine trends in water quality data. . ., . , z • Continue to partner with Solid Waste staff to initiate Social Media Marketing efforts in 2019, which consists of a Public Works Facebook page and a monthly Constant Contact e-newsletter. SWM will use the page to reach a broader segment of the City's residents, and to advertise events, promote programs, and post related news and events from other sources to increase awareness of stormwater issues. • In 2018, SWM staff planned to begin transcreating the most frequently used education and outreach materials, as well as BMP fact sheets most frequently used for water quality correction notices for area businesses. Staff worked with volunteers to adapt the general SWM informational brochure into Korean, and procured large restaurant BMP posters in Spanish. In 2019, staff will continue to expand the number of education and outreach materials offered in languages besides English. SWM participated in a regional outreach campaign which created a set of three PSA's focused on pet waste pickup, fixing car leaks, and natural yard care. The ads aired in English on multiple networks throughout the Puget Sound region, including Federal 25 2019 NPDES Annual Report-Attachment 1 City of Federal Way Way, and copies of the ads were made available to municipalities in English, Spanish, Korean, and Vietnamese. In 2019, copies of the ads in all languages will be posted on the City's YouTube page, shared through social media, including Constant Contact and Facebook, and the Korean language ads will be shared at a Korean quarterly meeting. S5.C.1.b Creating Stewardship Opportunities • In 2018, SWM staff researched best practices and methodologies for building a Stream Team or Stream Stewards Program. In 2019, SWM Staff will develop a plan for re-implementation of a Stream Team program and research the viability of an Adopt-a-Drain program. Continue to host volunteer events that encourage public participation in stewardship activities. Activities may include storm drain marking, removing invasive plants species, planting native vegetation, and removing garbage and debris from local waterbodies. S5.C.I.c Measuring Outreach Effectiveness • In 2019, SWM will continue to support the regional efforts of the Don't Drip and Drive campaign by promoting the campaign on social media, recruiting automotive businesses to participate, and serving on the Don't Drip and Drive Steering Committee. Public Involvement & Participation The City encourages the public and interested parties to participate in the decision-making process involving the development and implementation of NPDES Permit related activities and programs. S5.C.2.a and S5.C.2.b Involving the Public in the SWMP Opportunities for public participation in the development of the SWMP include the following: • January 16, 2019: Public Input Meeting on the City's Storm Water Management Program (SWMP) Plan and SWM Comprehensive Plan Update; • March 4, 2019: Land Use and Transportation Committee meeting; • March 19, 2019: City Council meeting. The Council reviews the programmatic and policy changes proposed under the SWMP and allows public comment on all agenda items. • The City's Surface Water Management webpage displays the updated SWMP and the Annual Report.Opportunity for public comment and participation is made possible via e-mail year round. 26 2019 NPDES Annual Report- Attachment 1 City of Federal Way Illicit Discharge Detection & Elimination Federal Way maintains a robust Illicit Discharge Detection & Elimination (IDDE) Program designed to prevent, detect, characterize, trace, and eliminate illicit connections and illicit discharges into the MS4. SS.C.3.a Municipal Stormwater Drainage System Map ' In 2018, SWM performed routine updates to the MS4 mapping and also concentrated on an update to the identification and mapping of the City's outfalls within the MS4. In 2019,SWM Staff will continue routine updates that result from: the City's Video Inspection Program, completed new ? development or redevelopment as-builts, and field verifications from utility locates. Additionally, SWM Staff will evaluate sub-watershed basin boundaries for possible adjustment and mapping updates. S5.C.3.b Water Pollution Prevention Ordinance City Ordinance 09-619 prohibits non-stormwater discharges into the City's MS4. Examples of illicit discharges include trash, food wastes, construction materials, petroleum products, paint, pesticides, fertilizers, soap, and wash water. The SWM Water Quality Section implements escalating enforcement procedures and actions pursuant to those outlined in Chapter 1.15 Federal Way Revised Code (FWRC). In 2018, enforcement procedures were reviewed and updated to achieve more efficient compliance and legally enforce monetary penalties for those violators that continually fail to comply. In 2019, SWM staff will incorporate the updated IDDE Field Procedures and Response Plan into its ongoing IDDE program. S5.C.3.c Ongoing IDDE Program to Detect Non-stormwater Discharges and Illicit Connections & S5.C.3.d Implement an Ongoing Program Designed to Address Illicit Discharges The City met the Permit requirement for screening 40 percent of the City's stormwater system for illicit connections through recurring source control inspections, video inspections, and stormwater facility inspections.This program is ongoing, and in 2019 SWM staff will: • Continue to inspect private commercial stormwater systems that discharge into the City's M54 to ensure maintenance complies with standards outlined in the Permit. SWM Staff incorporates an education and outreach program into the commercial site inspection program. This component provides advance notice and site specific information of stormwater systems to property owners and their representatives. In addition, the outreach program provides information on BIVIPs targeted to each site's commercial activities and land use. In 2019, SWM staff will be placing a special emphasis on source control best practices. Staff will work to incorporate more feedback mechanisms from property owners and managers to ensure outreach methods and materials are accessible and effective, and will use the collected data to update outreach efforts for commercial sites. Analyze data collected during the 2013-18 Commercial Site Inspection program to prioritize sites for future inspection. The data includes land use, compliance history, and pollution risks associated with each site. • Continue to utilize the IDDE database created in 2017 for staff use. The database increases 27 2019 NPDES Annual Report-Attachment 1 City of Federal Way efficiencies in reporting and recording spills and respective response actions. The database was created in 2017 and was updated in 2018 to allow for geographic and trend assessments. A spill analysis of the 2013-18 Permit cycle was conducted to evaluate hot spots in the City for illicit discharges, further broken down by type of discharge, drainage basin, and year. The results of this analysis will be used in 2019 to assist staff, in identifying seasonal and/or geographic trends in repeated water quality violations. SWM Staff will utilize this analysis to target outreach and technical assistance in an effort to reduce common illicit discharges. • Utilize the updated IDDE Field Procedures and Response Plan for all incoming employees to provide an introduction to the program and orient them with City procedures for investigating, identifying, enforcing, and eliminating illicit discharges and illicit connections. S5.C.3.e IDDE Staff Training SWM staff will continue to provide annual training to all City of Federal Way field staff and police personnel in the identification of illicit discharges and notification to appropriate authorities.Additionally, all maintenance personnel, SWM Water Quality staff, and SWM Inspectors are trained annually in spill response and first responder hazard awareness. SWM staff will continue to review field procedures for identifying, tracing, reporting, and documenting all reported illicit discharge's. S5.C.3.e Program Recordkeeping In addition to the IDDE database created in 2017, SWM staff utilize a public works maintenance management software system,VUEWorks, to track and record all reported water quality violations and associated documents, including: photographs, site maps, correspondence, legal actions, and final resolution. Commercial site inspections are tracked through a Microsoft Excel spreadsheet and active construction sites are tracked through the City's permitting system. In 2019, Public Works Inspectors will initiate tracking of interim TESC inspections of active construction sites within VUEWorks. Controlling Runoff from Construction Sites Construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region.To address this issue, the City adopted the current King County Stormwater Design Manual and the City of Federal Way Addendum in 2016. --- Changes were made to development-related standards in 2016 to make Low Impact Development (LID)the preferred and commonly used approach in site development. S5.C.4.a Apply Stormwater Management Standards to Development, Redevelopment, and Construction Sites Federal Way Public Works Development Standards, codified under FWRC 19.135.130, and the King County Stormwater Design Manual, as amended and adopted under City Ordinance 16-828, includes minimum requirements for stormwater design and construction for the protection of water quality and the reduction of pollutant discharge. 28 2019 NPDES Annual Report-Attachment 1 City of Federal Way S5.C.4.b Review and Inspect Development/Redevelopment Projects In 2019, Public Works Development Services will continue to implement the City's permitting process including civil/site plan review and approval for compliance with City of Federal Way standards. Public projects in the right-of-way that trigger local permits will be reviewed by internal stormwater engineers. During construction, Public Works staff will continue to conduct weekly site inspections to ensure implementation of proper temporary erosion and sediment control (TESC) BMPs. City inspectors have the authority to enforce TESC standards for both private and public projects in order to reduce pollutants in stormwater runoff to the MS4 from new development, redevelopment, and construction site activities. In 2019,the City will be updating the Development Standards,which will include a review of planned LID criteria.This review is part of the City's effort to require LID principles and LID BMPs to make it the preferred and commonly used approach to site development. S5.C.4.c Post Construction Operation and Maintenance The City has an ongoing program to verify that long-term operation and maintenance (O&M) of post construction stormwater facilities and BMPs is implemented.The City requirements for maintenance standards are identified under the 2016 King County Stormwater Design Manual Appendix A, Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. In 2019, Public Works staff will continue post construction inspections prior to release of warranty bonds. In addition,SWM staff will review post construction inspection procedures in conjunction with the Development Standards update. S5.C.4.d Notice of Intent(NOI) The City includes notification of the requirement to meet NOI in the pre-application comments, during the review for land use, and during plan review for building permit phases depending on the project.The development services project manager makes periodic inquiries to the on-line permit to verify compliance. S5.C.4.e Staff Training Plan reviewers are managed by a professional licensed engineer and all City staff responsible for approval and/or inspection of new development, redevelopment, or construction are certified in Construction Erosion and Sediment Control Lead (CESCL).City inspectors are also sent through the Washington Department of Transportation Local Technical Assistance Program (LTAP)for construction inspection and documentation training. S5.C.4.f Low Impact Development Code-related Requirements In 2016,the City completed this requirement to review and where necessary revise enforceable documents to make LID the preferred and commonly used approach to development.The City continues to utilize Public Works Development Standards, which function as the City's enforceable document related to local development, and was updated in 2016 and again in 2017. In 2019,the Public Works Development Standards will be updated and SWM staff will review and propose any necessary revisions for continued permit compliance. 29 2019 NPDES Annual Report-Attachment 1 City of Federal Way SS.C.4.g Watershed-scale Stormwater Planning Not applicable.The City of Federal Way does not have coverage area in a watershed selected by a Phase I county for watershed-scale stormwater planning under condition S5.C.5.c of the Phase 1 Municipal Stormwater Permit. 30 2019 NPDES Annual Report-Attachment 1 City of Federal Way Pollution Prevention, Operations & Maintenance SWM has an ongoing program to reduce stormwater impacts associated with maintenance and operations of City streets, �h facilities, and properties. The program applies to drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. a i S.C.S.a Maintenance Standards In 2019, SWM maintenance personnel will continue to implement maintenance standards as outlined in the amended and adopted 2016 King County Stormwater Design Manual, which includes Appendix A: Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. SS.C.S.b Annual Inspection of Flow Control and Runoff Treatment Facilities • Continue to inspect known municipally owned and operated stormwater treatment and flow control facilities as required by the Permit. Control structures, retention/detention ponds, and bioswales are inspected and maintained annually. Any repairs required are recorded and scheduled in the City's maintenance management and tracking system, VUEWorks. • In 2018, SWM implemented mobile technology into its inspection program which allows for electronic recording, filing, and scheduling for inspection results. In 2019, SWM will implement the second phase of this program which will provide real time recording into the City's maintenance management and tracking program software. This will result in streamlined operations. Also in 2019,this inspection program will be expanded to include outfalls and control structures. • SWM Inspectors will continue to use the Video Inspection Program (Program) as a tool to proactively manage the stormwater system to prevent flooding, drainage problems, and other water quality concerns. The Program also supports several NPDES-related activities including ongoing comprehensive mapping of the system, evaluation of management practices, and the improvement of the ability to trace spills and identify illicit connections to the MS4. S5.C.5.c Major Storm Event Inspections • SWM Staff will continue to inspect facilities vulnerable to surface water related problems during and after major storm events to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. S5.C.5.d Catch Basin Inspection Program &S5.C.5.e Compliance with Inspection requirements • SWM will continue to inspect and clean (when necessary) catch basins owned by the City. In 2018, SWM incorporated an annual assessment into the City's catch basin inspection program. In 2019, SWM will continue to review the City's circuit schedules, actual inspection results, cleaning and 31 2019 NPDES Annual Report-Attachment 1 City of Federal Way maintenance records, new development or redevelopment schedules, changes in commercial use, and evaluation of previous year's snow and ice operations. SWM will use this assessment to adjust the City's circuits in order to comply with the requirements of an alternate inspection schedule under the next permit cycle. • To assist with this effort, SWM has implemented a new inspection program using mobile technology that provides more accurate measuring and tracking of catch basin sediment levels.The technology also provides better record keeping, ensuring that maintenance is performed on those catch basins meeting or exceeding the threshold within the six-month permit-required timeline. • SWM will continue to inspect and clean all arterial catch basins within the City. S5.C.S.f Practices, Policies,and Procedures to Reduce Impacts of Stormwater Runoff Related to Municipal Operations In 2018, SWM Staff implemented new procedures and practices for managing the stormwater infrastructure maintenance program. Included in the updated program were changes in scheduling, tracking, and recording of maintenance activities. In 2019 SWM will review the 2018 program and update the current maintenance Standard Operating Procedures (SOPS) to incorporate changes made to the program. • Also in 2019, SWM will review Streets and Parks O&M SOPS for adherence to permit requirements for reduction of stormwater impacts associated with maintenance activities. S5.C.S.g Training Program for Operation and Maintenance Personnel • City field staff is trained annually in IDDE and spill response procedures. In 2019, field staff responsible for construction operations, street maintenance, parks, and facilities maintenance will also receive updated training in construction BMPs, spill response, and review of Stormwater Pollution Prevention Plan (SWPPP) and TESC requirements. • Maintenance personnel are trained on a rotational basis for pesticide/herbicide application and this program will continue in 2019. S5.C.S.h Implement a Stormwater Pollution Prevention Plan for Heavy Equipment, Maintenance, and Storage Yards • In 2019, the City will review and update the SWPPP for the Public Works/Parks Maintenance Yard Annex located at 31130 28th Avenue South. In addition, a generic SWPPP for all City-owned sites that have above-ground storage tanks will be developed and disseminated to responsible staff. • Staff will continue to review policies and procedures to ensure proper pollution management practices are consistently being implemented and documented. S5.C.S.i Operation, Maintenance, and Repair Records • In 2018, a review of records retention and data collection was done as part of the updated procedures and practices for operation, maintenance, and repair. In 2019, SWM will be completing 32 2019 NPDES Annual Report-Attachment 1 City of Federal Way the implementation plan for digitizing all O&M and repair records as well as standardizing maintenance records procedures. • Also in 2019,SWM will review recording and tracking procedures for Streets and Parks personnel. 33 2019 NPDES Annual Report-Attachment 1 City of Federal Way Monitoring A collaborative monitoring program is paid for by Western Washington NPDES Permittees, administered by Ecology, and designed to monitor and evaluate the effectiveness of the best management practices specified in the Permit. The goal of the monitoring program is to provide an unbiased assessment of whether stormwater management actions are resulting in genuine progress towards regional water quality targets. In 2019, the City will continue to pay into the collective fund and support the implementation of the three components of the Regional Stormwater Monitoring Program: • In-stream monitoring to measure whether the health of lowland streams and shorelines in Puget Sound is improving or declining; • Stormwater effectiveness studies to provide widely applicable information about what best management practices work, or don't work, and how to improve stormwater management; and • Source Identification Information Repository designed to share information about source identification and elimination methods and identify opportunities for regional solutions to common illicit discharges and pollution problems. 34 2019 NPDES Annual Report-Attachment 1 City of Federal Way Conclusion The Annual Report and SWMP update is posted on the City of Federal Way website at: http://www.cityoffederalway.com/sites/default/files/Documerits/Department/PW/Surface/o2OWater/com b_inec}%20files.pdf. If at any time the City is unable to comply with the terms and conditions of the Permit, staff must notify Ecology within 30 days of becoming aware that non-compliance has occurred. Written notification must include a description of the non-compliance issue and steps planned or taken to achieve compliance. The City remains in compliance with the Permit and is using all known, available, and reasonable methods of prevention, control, and treatment to prevent pollution into the surface waters of Washington State. 35 2019 NPDES Annual Report-Attachment 2 City of Federal Way Attachment 2 -Description of 2018 Public Education Activities Public Events In 2018,the Surface Water Management Division continued to create a more public presence.To this end, City staff tabled at three community events over the summer, including three Federal Way Farmers Markets, Federal Way Kid's Day, and one of the City's "Movie in the Park" nights. Storming the Sound with Salmon Program The Storming the Sound with Salmon program is an annual stormwater education program developed and implemented by the City and the Federal Way Public Schools in 2012.The program includes classroom curriculum focusing on stormwater education and provides students with the opportunity to raise salmon at their school. At the end of the school year, students participate in a salmon release event where they release the salmon into a local creek and spend the day participating in outdoor learning at a local park. In May, the City held four salmon release events serving over 900 students from 35 different schools. Natural Yard Care Classes The City collaborated with Tilth Alliance to host a series of three Natural Yard Care classes in 2018. The topics included "Fall Lawn Care," "Do More with Your Yard," and "Hands-On: Lawn Care, Soil Building and Planting," and were taught by experts from Tilth Alliance and the Garden Hotline.A total of 22 people attended the three workshops. Waterworks Grant The Waterworks Grant, awarded to the City on April 13, 2016 by the King County Natural Resources and Parks Waste Water Treatment Division, provided the City funding to create a video on the Storming the Sound with Salmon Program, which was completed in January 2018. The video will be used as a tool for other jurisdictions who may be thinking about starting their own similar program. Filming began in December 2017, with video completion in January 2018. Green Living Workshops The Surface Water Management Division and the Solid Waste & Recycling Division staff collaborate to provide free educational workshops for residents on topics related to stormwater and sustainability.Topics in 2018 included: Edible Gardening, Green Cleaning, Worms Bins& Backyard Composting, Marine Debris, Natural Landscaping, Noxious Weeds, Zero Waste, and Fruit Tree Pruning. Volunteer Events The Surface Water Management Division recognizes and appreciates the hard work of volunteers that donate their time to improve the water quality of stormwater and our local surface waters. The City held five volunteer events in 2018 totaling 392 volunteer hours, and hosted one recurring volunteer who totaled nine hours.Volunteer activities included removing invasive plants, cleaning up local parks and streams, and assisting with Storming the Sound with Salmon. E-Newsletter In 2018; public education staff transitioned-from a print quarte-rly-newsletter to monthly-e- newsletters in collaboration with the Solid Waste Division. E-newsletters allowed the division to 36 2019 NPDES Annual Report-Attachment 2 City of Federal Way provide more timely information to the public on seasonal stormwater issues and upcoming events. Environmental Coalition of South Seattle (ECOSS) The City collaborated with ECOSS, a non-profit organization, which provided multilingual stormwater outreach to 45 businesses in the City. ECOSS provided free spill kits, custom spill plans and training so businesses knew how to quickly deal with spills and illicit discharges. Car Wash Program The City's car wash program informs businesses and charity groups that it is a violation of City Code to allow dirty soapy water from car washing to enter storm drains. Realizing that car washes are an important fundraising tool for many groups in the community,the City offers an environmentally safe solution.The City has special kits available that pump wash water into the sanitary sewer system, keeping contaminants out of local surface waters. During 2018,five charity organizations checked out the kits six times, at no charge,from the Public Works Department. The City also advertises charity car wash ticket programs through the Puget Sound Car Wash Association (PSCWA) and Brown Bear as alternatives to the car wash kits. In 2018, local organizations bought 597 car wash tickets through PSCWA and 4,492 through Brown Bear. Various Publications Each year, the Surface Water Management Division produces new and updated public education materials as needed. In 2018, some of the materials created included translating the general Surface Water Management brochure into Korean, and updating the Scoop the Poop brochure to make it more easily translated in the future. Puget Sound Starts Here Commercial Series The Surface Water Management Division participated in a regional outreach effort coordinated by Stormwater Outreach for Regional Municipalities(STORM), which involved a series of three commercials that aired on all Comcast platforms from June to September. Each commercial was a call to action that focused on a different BMP: natural yard care, pet waste, and fixing car leaks. Pet Waste Survey As part of the Scoop the Poop Program the Surface Water Management Division conducted a survey of residents within the Upper Joe's Creek Watershed to gauge knowledge of pet waste issues. The City mailed the survey to 1,330 residents, and received 133 responses. The responses will be analyzed in 2019 and used to determine outreach strategies going forward. Training City staff participated in a number of trainings in 2018 related to the City's Stormwater Management program.Trainings varied in the number of staff in attendance. Internal Training: NPDES Presentation to Land Use and Transportation Committee & City Council IDDE Training for Fire Department IDDE Tra-i ng for-Police Department IDDE Response Training for Field Staff 37 2719 NPQES ARDL I Rei�ort-Attachment 2 City of Federal Way Amanda Database Program VUEWorks Database program Website Training External Training: Regional Education and Outreach Annual Symposium CESCL Training for Inspectors King County Stormwater Design Manual Training Certified Stormwater Inspector Training Trenching and Shoring Certification Confined Space Certification Pipe Assessment Certification Manhole Assessment Certification Lateral Assessment Certification Automated Sustainable Stormwater Design with XPDrainage Webinar Asset Management as a Process Workshop Planning for Infrastructure Replacement Workshop 38 2019 NPDES Annual Report- Attachment 3 City of Federal Way Attachment 3 -Evaluation & Measurement of a Selected Education Program Summary The City of Federal Way has been partnering with ECOSS (Environmental Coalition of South Seattle)to provide multicultural outreach on spill kits to businesses in Federal Way since 2013. In 2018, ECOSS engaged with 45 multicultural and English-speaking businesses on behalf of Federal Way to teach them about stormwater pollution prevention, help them save money by providing spill kits at no cost,and promote the protection of Puget Sound. The Surface Water Management Division chose 54 businesses to work with, based on the most active violators. Of these 54 businesses, 8 had gone out of business, 20 received spill kits, 26 participated in post-service surveys, and one declined service. ECOSS staff provided outreach materials in multiple languages, including Spanish, Vietnamese, Korean, Somali, Mandarin/Cantonese, and other languages as needed. ECOSS worked with a social marketing consultant to determine the perceived barriers and benefits of these businesses that would either prevent or motivate them to participate in the program.With their barriers and benefits research, they provided a number of outreach materials to the businesses: • Program Brochure • Instruction Poster • Spill Kit Content Sheet • Pledge Sheet • Spill Plan • Site Map ECOSS conducted initial and follow-up visits to all businesses. During initial visits, staff conducted a baseline survey of owners or staff to get a sense of levels of knowledge of stormwater issues and beliefs about the responsibility of the business to clean up their own spills. A representative sample of the businesses was then contacted to complete a post-survey. When two or more years have passed since an initial visit to a business, ECOSS treats the business as a new site visit and provides all of the same resources as they do for an initial visit. 39 2019 NPDES Annual Report -Attachment 3 City of Federal Way Data Types of Businesses Visited: • 48% Food Service • 22%Automotive • 15%Grocery Mart • 8%Gas Station • 7%Washing Languages Spoken: • 27%Spanish • 27% Korean • 7% Hindi • 7% Mandarin • 6% Punjabi • 6% English • 6/ Cantonese • 4%Arabic • 4%Japanese • 4%Thai • 2%Vietnamese • 2%Japanese • 2% Russian Outcomes for 2018: • 45 businesses received spill training, a spill kit, spill plan, and site map. Recommendations and Next Steps: • Continue providing the program in 2019 in order to solidify knowledge of spill prevention and clean-up within the business community and build long-term relationships. • Revisit businesses to provide updated training as needed. • Allocate more staff time to the program. 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V = O 3 o v vIm 3 2 _ o d L N N OE 0 a a d U T W d N V N o- 9 � u Y LL O 0 0 Y V m ~ Z V Q m '^ 3 v � z 0 Q v m 3 3 3 3 3 3 3 3 3 3 3 E 0 0 to E- - - - - - - - - 0 0 V ° w w ° C V o V o C d d d d d d d d d d d Q w w N W 0 of 01 O ti vl i0 n O vl n vl m � O ry LL O O O O O O O O O O O O z O O O O O O O O O O O O O O O � DJ DJ DJ DJ DJ DJ DJ DJ DJ DJ DJ DJ DJ DJ DJ N C) N Attachment 5 -Alternative Catch Basin Cleaning Approach (Question #50) ciry of c;Ire oulh ''�..� Federal1!1!'a 33,25 8th Avenue Soialh Way Yederal Way,WA 98003 E325 Jap (253)835-7000 WWW..city0fl der7A.vayCOO) ,Om 1 E:r�r:;1l, Alaycr December 12,2018 Danielle Devoe, Municipal Stormwater Permit Coordinator Water Quality Program Department of Ecology 300 Desmond Drive SE Lacey,WA 98504-7600 RE. Requested follow up documentation regarding Catch Basin Inspection Schedule for Public Stormwater Facilities Regulated by the City of Federal Way Dear Danielle, This written statement by the City of Federal Way (City) serves to document changes in the City's catch basin inspection program to comply with the 2012 Western Washington Phase li Municipal Stormwater Permit(permit), Special Condition S5.C.5.d, which outlines options available to Permittees for inspection schedules of stormwater catch basins. Public Works has been designated by the Mayor of the City of Federal Way as the Department responsible for implementation of the permit. The Surface Water Management Division (SWM) has been identified as the lead for implementation of Special Condition S5.C.5.d, maintenance of stormwater facilities owned or operated by the City. As such, SWM successfully implemented a catch basin inspection schedule for non-arterial catch basins based on drainage basins, average land use, topography, maintenance records, and collected data from inspections conducted since 2012. This allowed for an inspection of all catch basins to occur at least once by August 1, 2017. The City's catch basin inspection schedule applies to non-arterial catch basins only, as the City's current inventory of 3,381 arterial catch basins is inspected and cleaned annually. The remaining 9,212 CBs were inspected on a schedule that was based on an analysis of inspection and cleaning records during the calendar years 2002 to 2008. In February 2018 Department of Ecology's (Ecology) Municipal Stormwater Permit Coordinator for South King County, Ben Billick, reviewed the City's analysis and resultant alternate inspection program and determined the City's schedule was a hybrid of an alternate less frequent approach and a circuit approach, as outlined in Department of Ecology Publication Number 13-10-019, Catch Basin Inspection Alternative for Phase I and N Municipal Stormwater Permittees. After conversations with Ecology staff and in response to Ecology's review of the City's program, provided as Attachment 1, SWM has made modifications to the inspection schedule as of June 2018 to incorporate suggestions from Ecology. This letter is provided as the requested follow up documentation of those modifications. 49 The City confirms that the catch basin alternate inspection schedule is identified by 'circuits' that were established based on three factors: average land use, street designation (non-arterial), and configuration of the MS4. In response to Ecology's review on the status of the off year circuits, i.e. circuits not included within the current year's annual inspections, SWM has modified the annual inspections of non-arterial catch basins to include an inspection of 2.5% of each off-year circuit in addition to the regularly scheduled circuits. This will enable the City to complete an inspection of all catch basins within the two-year requirement under this permit cycle and collect the data for analysis of the City's circuits for future implementation of a less frequent inspection schedule. SWM has incorporated an annual assessment which will review the City's circuit schedules, actual inspection results, cleaning and maintenance records, new development or redevelopment schedules, changes in commercial use, and evaluation of previous year's snow and ice operations. SWM will use this assessment to adjust the City's circuits in order to comply with the requirements of an alternate inspection schedule under the next permit cycle. To assist with this effort, SWM has implemented a new inspection program using real time mobile technology that provides more accurate measuring and tracking of catch basin sediment levels. The technology also provides better record keeping, ensuring that maintenance is performed on those catch basins meeting or exceeding the threshold within the six (6) month permit required time period. Pursuant to Ecology's recommendations, the City has modified its hybrid approach to catch basin schedules to better align with permit requirements and has incorporated an annual assessment of the program to plan for an alternate inspection schedule approach. I certify under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violation. Sincerely, E1 Walsh, P.E. Public Works Director EW/tt:mt cr.: Leah Myhre,NPDES Coordinator Dayfile 50 COUNCIL MEETING DATE: March 19,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:Relating to the 2018 amendments to the Federal Way Comprehensive Plan and,Comprehensive Plan Map to realign the future extension of South 324th Street further south to connect with Weyerhaeuser Way South. POLICY QUESTION: Should the City approve a request from the Public Works Department for a comprehensive plan amendment to realign the future extension of South 324th Street further to the south to connect with Weyerhaeuser Way South? COMMITTEE: Land Use/Transportation Committee(LUTC) MEETING DATE: March 4,2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Principal Planner,Margaret Clark DEPT: Community Development Attachments: 1) Draft Adoption Ordinance with Exhibit A; 2) February 12, 2019, Staff Report to the Planning Commis•ion with Exhibits A-I;3)Draft Minutes of the February 20,2019,Planning Commission Public Hearing. aekground: The Planning Commission conducted a public hearing on February 20, 2019, at the close of which they recommended to the City Council approval of the Mayor's recommendation to realign the fixture extension of South 324th Street further south to connect with Weyerhaeuser Way South. The 2015 comprehensive plan shows the future road alignment as extending over I-5 east to 32nd Avenue South. Options Considered: 1) Adopt the Mayor's recommendation as contained in the draft adoption ordinance; 2) Adopt the Mayor's recommendation as modified by the LUTC; 3) Do not adopt the Mayor's recommendation; or 4) Refer the amendments back to the Planning Commission for further proceedings. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the draft adoption ordinance. MAYOR APPROVAL: Ads DIRECTOR APPROVAL: dU!Ly_,. 11q Co ttee a ,r:t Initial/Date int/Date Initia6'[)atc COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on March 19,2019, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (March 19, 2019): `7 move to forward approval of the ordinance to the April 2, 2019, Council Meeting for enactment." SECOND READING OF ORDINANCE(April 2,2019): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-1212017 RESOLUTION# 51 CITY OF ' Federal Way CITY COUNCIL STAFF REPORT To: Members of the City Council VIA: Mayor Jim Ferrell FROM: Brian Davis, Community Development Director Robert"Doc"Hansen,Planning Manager Margaret H. Clark, AICP, Principal Planner N � SUBJECT: Public Hearing—Comprehensive Plan Amendment for the Future Realignment of South 324'h Street Extension,Files 18-105898-00-SE and 18-105198-UP DATE: March 4,2019 I. BACKGROUND AND FINANCIAL IMPACT The 2015 comprehensive plan shows the future road alignment as extending over I-5 east to 32nd Avenue South (Exhibit A). This comprehensive plan amendment would realign the future extension further south to connect with Weyerhaeuser Way South(Exhibit B).The South 324th extension is planned to be constructed no sooner than 2025; although, no construction plans or resources have been allocated towards the project and the amendment is a non-project action. Larger maps of the existing and proposed alignments are shown in Exhibits C and D. The action will not result in any financial impact upon the City. Spending impacts from future project actions allowed by the Comprehensive Plan amendment will be evaluated if,and when, such proposals occur. II. REASON FOR COUNCIL ACTION FWRC Chapter 19.80, establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review,the role of the Council is to review and evaluate the recommendation of a proposal,to find that the plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3), and based upon such information,approve, approve with amendment, or deny a proposal. III. PROCEDURAL SUMMARY The following table indicates the actions that have been taken to bring the proposal for Comprehensive Plan amendment to the Council. City Council Staff Report March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of k;th 324`h Street Extension Page 1 of 10 Steps Date Issuance of Determination of Nonsignificance(DNS)pursuant to the December 21,2018 State Environmental Policy Act(SEPA) (Exhibit E)' End of SEPA Comment Period January 4,2019 Planning Commission Study Session February 6,2019 End of SEPA Appeal Period January 25,2019 Public Hearing before the Planning Commission February 20,2019 LUTC Meeting March 4,2019 City Council 1st Reading Marchl9,2019 City Council 2nd Reading April 2,2019 IV. CITIZEN COMMENTS Four written comments, as summarized in Table I,were received on this proposed amendment. Table I No. Summary of Comments Names 1 A representative from the BP Olympic Pipe Line states that realigning Chase Wakefield South 324`h Street will impact their 14-inch pipe line that needs to be representing BP protected in this area. Olympic Pipe Line 2 The realignment of the road will direct traffic volume from 5,000 Richard Pierson vehicles to Weyerhaeuser Way South,instead of being dispersed to both Weyerhaeuser Way South and 32"d Avenue South.In addition,the 2015 comprehensive plan did not address traffic from the proposed developments of DaVita and the Industrial Realty Group.He also stated that in relationship to the environmental checklist,forest land use has been practiced in the location of the proposed alignment as a"Managed Forest Buffer,"and the realignment would also affect a trail in that area. 3 They are generally in favor of the realignment,although they have Lori Sechrist on behalf concerns about the increased traffic going to Weyerhaeuser South. They of Save Weyerhaeuser are,however,in favor of the well-paying jobs that DaVita will bring. Campus They state that the proposed road should not result in elimination of the managed forest buffer;if the 1-5 off ramps are constructed,South 324h Street should be the only access point for semi-trucks entering and exiting the CP-1 zoned property located north of South 336`s Street;the property is within the Tacoma Smelter Plume zone;the proposed street extension will eliminate portions of recreational trails in the CP-1 zone; and the Weyerhaeuser Headquarters building and likely most of the landscape are eligible for National Historic Register listing. 4 Has concerns about the increased safety issue related to the proposed Richard Pierson intersection being located on a curve at the intersection with Weyerhaeuser Way South as compared to a minimal curve on the connection to Weyerhaeuser Way in the comprehensive plan from South 323`d Street. City Council Staff Report March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of�outh 324`'Street Extension Page 2 of 10 V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be considered in a Comprehensive Plan Amendment—The city may consider,but is not limited to,the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to future construction of South 324`h Street in its new alignment. Impacts from the future connection have already been evaluated and will not be increased by this proposal. Future road construction will be subject to environmental review as required by the Washington State Environmental Policy Act(SEPA)and the National Environmental Policy Act(NEPA), and will be evaluated in accordance with all plans,policies,rules, and regulations adopted as a basis for the exercise of substantive authority under SEPA to approve, condition, or deny the proposed action. There is a Class H wetland located east of I-5, approximately 275 feet north of the proposed alignment. Class II wetlands have buffers ranging from 75 to 225 feet.There is also a small Class III wetland located where South 3240'would intersect with Weyerhaeuser Way South. Class III wetlands have buffers ranging from 60 to 225 feet.In addition,there is a major stream,East Hylebos Creek,located approximately 150 feet to the north.Major streams have 100 foot buffers.Refer to Exhibit H. The site is located within the Enhanced Basic Water Quality Treatment Area.Any water- related or erosion-related impacts associated with future development must be mitigated in compliance with the city-adopted 2016 King County Surface Water Manual (KCSWM) and the City of Federal Way Addendum to the Manual. This requires any erosion-related impacts created during clearing and construction activities to be addressed according to a Temporary Erosion Sedimentation Control Plan(TESC),which is a standard part of engineering review and approval. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V(1)(1),above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Land to the north is zoned OP-1. The road extension is planned to be constructed on land zoned CP-1. Based on language in the 1994 Concomitant Agreement,which established the zoning and allowable uses in each zone,the uses in the respective zones are deemed to be compatible. Any future roadway should also be compatible with the uses in each zone. (4) The adequacy of and impact on community facilities including utilities, roads,public transportation,parks, recreation, and schools. Construction of South 320 Street, with an alignment further to the south than the existing alignment will not impact community facilities, including utilities,roads,public transportation,parks,recreation, and schools. However,the proposed street extension City Council Staff Report 5 March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of South 324`h Street Extension Page 3 of 10 will eliminate portions of recreational trails in the CP-1 zone. (5) The benefit to the neighborhood, city, and region. Moving the future realignment of South 324th Street further south would benefit the city because the existing alignment would bisect the future DaVita Campus.DaVita is proposing to expand its campus in two phases.The first phase includes a full site buildout with a 160,000 square building and 681 new parking spaces. The second phase will come at an undetermined time in the future with an expansion of the building to 200,000 square feet. This will benefit the neighborhood, city, and region by providing 640 to 720 well- paying jobs in the first phase expansion. The realignment will also be beneficial for future development in East Campus by providing more land for such development that is not bisected by a road. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. This road or its parallel alternative at South 312"'Street has been in the comprehensive plan since 1995, and the realignment will not affect the quantity of land required for its construction. (7) The current and projected population density in the area. The area on which the future road extension would be constructed is zoned CP-1,which does not permit housing, so there is no current or projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. Realignment of the future extension of South 324th Street will not affect other aspects of the comprehensive plan. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan—The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Realignment of the future extension of South 324th Street is related to the public safety as it will provide an alternative safe access from areas east of I-5 to areas to the west.It also improves public welfare by providing more land for development. (2) The proposed amendment is in the best interest of the residents of the city. Please see responses under Sections V(1)(5)and V(2)(1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment and rezone under consideration is consistent with the following goals of RCW Chapter 36.70A.020(2) of the Growth Management Act(GMA): City Council Staff Report 55 March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of South 324th Street Extension Page 4 of 10 "(i) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. "(ii) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans,promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons,promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic"development ; opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. "(iii) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." The proposal is also consistent with the following goals and policies of the comprehensive plan: "TG1 Maintain mobility through a safe, balanced, and integrated transportation system. "TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian,bicycle, and transit ways that are integrated into a coordinated regional network." VI.COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. Please see responses under Sections V(1)(5)and V(2)(2). h, The proposed request is appropriate because either.- Conditions ither:Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. City Council Staff Report K March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of�fth 324'h Street Extension Page 5 of 10 The area where the road will be constructed was given the CP-1 designation in 1994. Since that time,new developments have been proposed in the area as a result of the purchase of the Weyerhaeuser property. With the Greenline warehouses in the planning stages and with the construction of the new DaVita office buildings,the area is changing significantly. c. It is consistent with the comprehensive plan. The comprehensive plan shows the location of the existing road on Map III-3 (Exhibit I). The proposed realignment of the South 324th Street extension to the south is substantially in compliance with that location. This connection or its parallel alternative at South 312th Street has been in the plan since 1995. d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. Please refer to the response under Sections V. (2)(3) and VI. (1)(C) above. e. It is consistent with the public health, safety, and welfare. Refer to response under Section V. (2) (1)above. VII. PLANNING COMMISSION ACTION At a public hearing on February 20, 2019,the Planning Commission heard staff report presented by Community Development and subsequent comments regarding the proposal. After considerable deliberation,the Planning Commission voted to move the Mayor's proposal to the City Council with recommendation for approval. The vote was 6 members recommending approval of the proposal with one Commissioner voting against the recommendation. VII. CITY COUNCIL ACTION Consistent with the provisions of FWRC 19.80.240,the City Council may take the following actions regarding the proposed comprehensive plan amendment and rezone request: 1 Approve the comprehensive plan amendment as proposed; 2. Approve the amendment with amendment; or 3. Deny the proposed comprehensive plan amendment; VIII. MAYOR'S RECOMMENDATION The Mayor recommends that project number 16-13 in Table III-10, Capital Improvement Program(CEP)—2016 to 2040, of the Federal Way Comprehensive Plan be amended as follows: City Council Staff Report 5 March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of SSouth 324`h Street Extension Page 6 of 10 Project Number Project Description Cost(2016$1,000) 16-13 S 324`h St Interchange:Extend 5-lane minor arterial to 32-nd 134,587 Ave Weyerhaeuser Way S LIST OF EXHIBITS Exhibit A Existing and Proposed Alignment of South 324th Street Extension Exhibit B Vicinity Map—Existing Alignment of South 324th Street Extension Exhibit C Vicinity Map—Proposed Alignment of South 324th Street Extension City Council Staff Report 5 March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of South 324`h Street Extension Page 7 of 10 Exhibit A: Existing and Proposed Alignment of South 324th Street Realignment of • - Extension IT AuOmM rxllpunmt of Uw 3dM1324u$-mtaufon«n w FS City Council Staff Report q March 4,2019 Set 2018 Comprehensive Plan Amendments,Future Realignment of h 324`h Street Extension Page 8 of 10 Exhibit B: Vicinity Map: Existing Alignment of South 324th Street Complan Alignment - S 324th Street Extension d/1! IT rrsrr'P , .r ` r , t. c!Y � i �1L?ifLrnfrO+1 �_ �V!�OffllllWlf ,,•+a, .� � � 1 ( '..� .� ..�._I- l lF -"w�y m. f� CrrrCcmx Ak ti 4 fltbtObQl!. � ;. eM � 'r alrittntr�,�^ t • ! v...� f1 w'.w ti Q 4 LA GI 9 yC� t5 City Council Staff Report E March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of South 324`h Street Extension Page 9 of 10 Exhibit C: Proposed Alignment of South 324th Street Future Realignment - S 324th Street Extension South 370th 5t" 777-r—ly The Comrn" '.r', At Federol i . Fa+tr J! r ei r�fi" 1t, b t _ r ► ' 3 tL Xll City Council Staff Report F March 4,2019 2018 Comprehensive Plan Amendments,Future Realignment of outh 324`h Street Extension Page 10 of 10 ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington, relating to amendments to the Federal Way Comprehensive Plan, amending the Federal Way Comprehensive Plan, and approving a City-initiated Comprehensive Plan amendment to realign the future extension of South 324th Street to connect to Weyerhaeuser Way South instead of 32nd Avenue South. (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98- 330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05- 492,07-558,09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, and 18-843) WHEREAS,the Growth Management Act of 1990 as amended("Chapter 36.70A RCW"or "GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use element(including a Comprehensive Plan Map,which has also historically been referred to as a land use map),housing element,capital facilities plan element,utilities element,economic development element,transportation element(including transportation system maps), and a parks and recreation element; and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its Comprehensive Plan; and WHEREAS, the Federal Way City Council adopted its Comprehensive Plan with a Comprehensive Plan Map(the"Plan")on November 21, 1995,and adopted development regulations and Zoning Map implementing the Plan on July 2, 1996; and WHEREAS,the Federal Way City Council subsequently amended the Comprehensive Plan, Comprehensive Plan Map,and Zoning Map on:December 23, 1998,September 14,2000,November 1, 2001, March 27, 2003, July 20, 2004, June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018; and Ordinance No. 19--11111-1- Page 1 of 12 Rev 1/17 CP 62 WHEREAS,the City may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), Chapter 19.80 FWRC, and Chapter 19.35 FWRC; and WHEREAS,under RCW 36.70A.130,the Plan and development regulations are subject to continuing review and evaluation;however,subject to certain exceptions,the Plan maybe amended no more than one time per year; and WHEREAS,the Council considered this Comprehensive Plan amendment concurrently with another Comprehensive Plan amendment, Council Bill No. , both of which were evaluated cumulatively and will be acted on simultaneously and concurrently in order to comply with RCW 36.70A.130; and WHEREAS,the 2015 Comprehensive Plan shows a future extension of South 324th Street to cross Interstate 5 to connect to 32nd Avenue South; and WHEREAS, in October 2018, the City's Public Works Department initiated this Comprehensive Plan amendment to realign the future extension of South 324th Street to connect to Weyerhaeuser Way South instead of 32nd Avenue South; and WHEREAS, on November 1, 2018, the City complied with RCW 36.70A.106 when it notified the Department of Commerce of the City's intent to adopt this Comprehensive Plan amendment,which was acknowledged by the Department of Commerce on November 6,2018;and WHEREAS, on December 21, 2018, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the proposed Comprehensive Plan amendment; and WHEREAS, the Determination of Nonsignificance was not appealed; and WHEREAS,the City's Planning Commission held a public hearing on February 20,2019,at the close of which it recommended Council approval of the Comprehensive Plan amendment; and Ordinance No. 19- Page 2 of 12 Rev 1/17 CP 63 WHEREAS,the Land Use and Transportation Committee of the Federal Way City Council considered the Comprehensive Plan amendment on March 4,2019, and recommended approval of the same; and WHEREAS, the City Council, through its staff, Planning Commission, and Land Use and Transportation Committee, received, discussed, and considered the testimony, written comments, and material from the public, and considered the proposed Comprehensive Plan amendment at its regular City Council meeting on March 19, 2019; and WHEREAS, the City Council desires to approve the change in the Comprehensive Plan to realign the future extension of South 324th Street to connect to Weyerhaeuser Way South instead of 32nd Avenue South. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The Proposed Amendment to the text of the Comprehensive Plan,as set forth in Exhibit A,attached hereto and incorporated by this reference,to realign the future extension of South 324th Street to connect to Weyerhaeuser Way South instead of 32nd Avenue South (the "Proposed Amendment") is consistent with the following goals of Chapter 36.70A RCW: (i) Transportation.Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. (ii) Economic development.Encourage economic development throughout the state that is consistent with adopted comprehensive plans,promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new Ordinance No. 19- Page 3 of 12 Rev 1/17 CP 64 businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth,all within the capacities of the state's natural resources,public services,and public facilities. (iii)Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (b) The Proposed Amendment is consistent with the following goals of the Comprehensive Plan: Transportation Goal (TG) 1 Maintain mobility through a safe, balanced, and integrated transportation system. Transportation Goal (TG) 3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. (c) The Proposed Amendment is consistent with the economic development vision(as stated in the Comprehensive Plan) to create a sustainable, diversified, and globally-focused economy. To achieve this vision,the City must diversify its employment base. In addition,the City must increase the overall number of jobs in order to improve the balance between jobs and households in the City. (d) The Proposed Amendment is consistent with the Council vision for the City of Federal Way, and will allow greater connectivity between the City Center and areas east of Interstate 5. Ordinance No. 19- Page 4 of 12 Rev 1/17 CP 65 (e) The Proposed Amendment is consistent with the goal of the King County Countywide Planning Policies that the region be served by an integrated,multi-modal transportation system that supports the regional vision for growth,efficiently moves people and goods,and is environmentally and functionally sustainable over the long term. (f) The Proposed Amendment is consistent with the Puget Sound Regional Council goal of VISION 2040 for long-range transportation planning by emphasizing transportation investments that offer greater mobility options. (g) The Proposed Amendment will not negatively impact open space, streams, lakes, wetlands, or the physical environment. (h)The Proposed Amendment bears a substantial relationship to the public health,safety and welfare, is in the best interest of the residents of the City, and is consistent with the requirements of Chapter 36.70A RCW, VISION 2040,the Countywide Planning Policies, and the remainder of the Comprehensive Plan. (i) The Proposed Amendment is consistent with the applicable provisions of the Comprehensive Plan, bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City. 0) The Proposed Amendment has complied with the appropriate processes under state law and the FWRC. Section 2. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010,2011,and 2013,2015, and 2018, copies of which are on file with the Office of the City Clerk, is amended as set forth in Exhibit A, attached hereto and incorporated by this reference. All related maps in the Comprehensive Plan shall be updated to reflect this amendment. Ordinance No. 19-�® Page 5 of 12 Rev 1/17 CP 66 Section 3. Amendment Authority.The adoption of the Comprehensive Plan text amendment in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and Chapters 19.35 and 19.80 FWRC. Section 4. Severability.The provisions of this ordinance are declared separate and severable. The invalidity of any clause,sentence,paragraph,subdivision, section,or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance,shall not impact the validity of the remainder of the ordinance,or the validity of its application to other persons or circumstances. Section 5. Savings Clause.The 1995 City of Federal Way Comprehensive Plan,as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, and 2018 shall remain in full force and effect until this amendment becomes operative upon the effective date of this ordinance. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date.This ordinance shall take effect concurrently with Council Bill No. and be in force five(5)days from and after its passage and publication,as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 [Signature Page to Follow] Ordinance No. 19- Page 6 of 12 ---- Rev 1/17 CP 67 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- Page 7 of 12 Rev 1/17 CP 68 EXHIBIT A Ordinance No. 19- Page 8 of 12 Rev 1/17 CP 69 Table 111--10 Capital Improvement Program(CIP)—2016 to 2040 f ylq . N Capital Project List SR 99: S 340 St-S 356 St:Construct HOV lanes,install raised median; 95-17 roundabout at 3401h St,turn lanes na,348`h(17) 17,600 97-01 SW 336th WV/SW 340"St:261h Pl SW-Hoyt Rd SW: Signal Coordination 283 SR 161 @ S 356 St: Add NB left-turn lane,EB right-turn lane,or install 92-18b roundabout 14 4,100 92-18a S 356th St: SR 99-SR 161:Widen to 5 lane,bike lanes,sidewalks 13 6,112 S352 nSt: SR 99-SR 161: Extend 3 lane principal collector and signal at SR-99 16-22 (8) 5,619 16-23 Citvwide:Traffic signal modifications 18 914 16-24 Citywide:Imlement Ada tive Traffic Control System(22) 1,000 16-25 16th Ave S:S 344`h St-S 348th St:Add SB auxiliary lane(21) 6,105 16-19 11st Ave S()S 328th St:Install raised median,improve access at 328th(4) 1,897 16-20 S 320`h St na.20th Ave S:Add 2nd left-turn lanes EB,WB(5) 2,856 16-21 Citvwide Pedestrian Safetv:Install mid-block crossing treatments(28) 640 16-26 S 304th St(a7 28`h Ave S:Add NB right-turn lane,signal 7 2.371 94-1ObSR 509:9`h Pl S- 16`h Ave S:Widen to 5 lanes,signal at 9`h PI S 8,794 07-06 131 Ave S P,SW 301`St:Install signal or roundabout 404 16-11 8`h Ave S Q,S 320th St:Add left-tum lanes NB,SB 485 S 324`°St Interchange:Extend 5-lane minor arterial to 3- -kve-S-Weygrhaguser 16-13 Way South 134,587 07-07 151 Ave S @,S 308`h St:Install signal or roundabout 404 07-04 Military Rd S @ S 296`h PL Install signal or roundabout 404 16-1816`h Ave S @ S 341st PI:Add signal 404 16-01 SR 99(a,S 288`h St:Add NB right-tum lane 452 98-32 13th Pl S: S 330th St-S 332nd St: Extend 3 lane collector 4,797 94-24 14`h Ave S: S 312th St-S 316`'St:Ring Road extension 5,472 93-08 S 316th St: SR 99- 11th PI S:Ring Road extension 8,291 01-05 SR 99 @ S 312th St: Add 2nd NB left-turn lane(6) 6,708 07-22 16th Ave S: SR 99-SR 18: Add HOV lanes 22,384 City Center Access(Phases 1 and 2): S 320`"St @ I-5 Bridge Widening:Add HOV lanes through interchange,reconstruct SE quadrant of interchange to realign ramps 02-01 1 (la&lb) 134,609 10-01 S 373`d St na,SR99:Add Signal or roundabout or two-way left-turn lane 482 OS-03 Weverhaeuser W S na.S 344`h Wv: Install roundabout(16) 1,763 O5-U1 50l 4t; r�ac tistcil; rc�Lt�:dat�. 1,009 07-03 301h Ave S ,S 288`h St:Install signal or roundabout 404 Ordinance No. 19- Page 9 of 12 Rev 1/17 CP 70 Table 111-]0 Capital Improvement Program(CIP)—2016 to 2040 G: :1t ! 98-10c 10th Ave SW(cry SW Campus Dr:Add SB right-turn lane(2) 1,229 16-09 SR 99(@,S 312`h St: Add 2"d left-turn lane EB,WB,and WB right-turn lane 1,696 02-04 SR 18 A SR 161: Add Yd thru lane NB,SB.Yd left-tum lane NB,SB 12,210 98-07 SW 336`h v/SW 340"St:26th PI SW-Hoyt Rd SW: Widen to 5 lanes(12) 21,821 98-15 Military Rd S: S 288`h St-S 304th St:Widen to 5 lanes 23,450 07-01 S Star Lake Rd @ 25`h Dr S:Install signal or roundabout 404 Military Rd S @ S 288` St:Add 2 Id left-turn lanes and right-turn lanes eastbound 16-02 and westbound 2,326 SW 344 St: 12 Ave SW-215`Ave SW:Extend 3-lane principal collector with 98-10a bike lanes,sidewalks(3) 10,164 S 320 St @ Ig Ave S:Add 2"d left lanes all legs,WB,SB right-turn lane,widen 99-02 152 Ave S to 5 lanes to S 316`h St 15 10,460 98-01 S 300 St @,SR 99: Add left-turn lanes on 304th 1,454 10-01 S Star Lake Rd: an Military Rd S:Add right-tum lane on S Star Lake Rd 401 16-15 SR 99 @ S 324`h St:Add 2°d left-turn lanes NB,SB,and NB right-turn lane 3,052 2151 Ave SW @ SW 330h St:Add 2"d left-turn lanes NB,SB,and SB right-turn 16-16 lane 3,052 00-12 S 308`h St: 14`h Ave S- 18th Ave S: Widen to 3 lanes 3,198 S 336` St: SR 99-')O` Ave S:Widen to 5 lanes,add 2 Id left-turn lanes EB,WB @ 16-17 SR 99 3,721 215`Ave SW @ SW 320`h St: Add WB left-turn lane,interconnect to 20h Ave SW 98-34 (9) 6,169 15f Ave S:S 348 St-S 356` St:Widen to 5 lanes,add 2"°SB right-tum lane @ 92-22 356`h 7.213 93-09 151 Ave S:S 366th St-SR 99:Extend 2-lane road,signal or roundabout at SR 99 7,550 98-05 S 324`h St:SR 99-23rd Ave S: Widen to 5 lanes 10,552 92-20 47th Ave SW A SW 320`h St: Signalize(10) 569 95-07 S 288"St: 19`h Ave S-Military Rd S:Widen to 5 lanes 12,364 21"Ave SW: SW 344h St-SW 356` St: Widen to 5 lanes,add 2" SB right-turn 93-07c lane na 356th 21,639 Military Rd S S Star Lake Rd-S 288` St Widen to 5 lanes,sidewalks;and 92-14 illumination 35,456 16-10 23rd Ave S: S 316`h St-S 317`h St:Add NB lane 678 16-12 11th PI S @ S 320th St:Add 2°d NB left-turn lane 678 00-02 28th Ave S @ S 312`h St: Add SB right-turn lane 11 771 07-14 23rd Ave S @ S 320`h St:Add SB left-turn lane,NB thru and right-tum lanes 8,705 98-13 SW 344th St&35th Ave SW:2151 Ave SW-SW 3401h Street:Bike lanes,sidewalks 12,360 10-01 Military Rd S(c,Camelot:Roundabout 1 392 -0-1-03 1017 07-05 Military Rd S-A S 298th St:Install signal or roundabout 404 Ordinance No. 19- Page 10 of 12 ................ Rev 1/17 CP 71 Table III-10 Capital Improvement Program(CIP)—2016 to 2040 14-01 Weyerhaeuser W S: S 336"St-33rd PI S:Widen to 5 lanes 2,826 92-23 S 304"St: SR 99-281h Ave S:Widen to 3 lanes 11,513 16-03 SR 509 @ SW 301"St:Add WB right-turn lane 226 16-14 S324 1h St: 11th Pl S-SR 99:Widen to 5 lanes 1,809 07-12 6th Ave SW(&SW 320th St:Install signal or roundabout 404 07-18 Military Rd S @,,S 328th St: Install signal or roundabout 404 92-06b S 356th St: I st Ave S-SR 99: Widen to 5 lancs 16,416 98-20 S312 1h St: 1St Ave S- 14th Ave S: Widen to 5 lanes 28,726 07-20 SW Campus Dr: 1St Ave S-2151 Ave SW: Add HOV lanes 63,956 16-07 SR 509(a,SW 312th St:Add 2nd WB left-turn lane 904 93-12 SR 509(a,47th Ave SW: Install roundabout 1,009 05-04 S 312"St(& 18"'Ave S: Install signal 404 S Star Lake Rd:S 272° St-Military Rd S:Widen to 3 lanes(see 10-1)for 98-17 intersection improvement 9,327 98-39 152 Ave S: SW 30155 St-SW 312th St: Widen to 3 lanes 11,725 98-24 Hovt Rd SW: SW 3201h St-SW 340th St: Widen to 3 lanes 12,059 93-07a 21St Ave SW: SW 312`h St-SW 320th St:Widen to 5 lanes 12,364 16-04 SR 509 @ SW 308th St:Install roundabout 1,346 16-05 SR 509 ,SW 306"St/122h Ave SW: Install roundabout 1,346 16-06 SR 509(a), 16th Ave SW:Install roundabout 1,346 16-08 8th Ave SW @ SW 312th St:Install roundabout 1,346 94-11 S 308`h St:5"PI S-8th Ave S: Extend 2-lane street 1,938 07-13 SR 99(a, S 320th St: Add NB right-turn lane 2,883 98-23 47th Ave SW: SR 509-SW 318th St: Widen to 3 lanes 5,034 98-14 S288 1h St:Military Rd S-1-5:Widen to 5 lanes 11,541 94-1 Oa SR 509: 1"Ave S-9th PI S: Widen to 3 lanes 15,634 94-17 SR 509: 1"Ave S- 16th Ave SW: Widen to 3 lanes 29,846 City Center Couplet: S 3162 St/S 3242 St: I Vh PI S-23r Ave S: Restripe for 05-02 1 clockwise couplet 808 07-02 SR 99 ,S 288"St: Add EB left-turn lane 1,131 07-15 25th Ave S na,S 320"St: Add 2nd EB left-turn lane,NB right-turn lane 13,001 98-18 281h Ave S: S 304th St-S317 1h St: Widen to 3 lanes 16,416 98-57 SR 509: 301h Ave SW-47th Ave SW: Widen to 3 lanes 18,760 98-58 SR 509: 47th Ave SW-West City Limits: Widen to 3 lanes 23,450 07-19 1St Wy S @ S 336th St: Add 2nd SB left-tum Iane 7,365 Ordinance No. 19----- Page I1 of 12 Rev 1/17 CP 72 Table III-10 Capital Improvement Program(CIP)—2016 to 2040 , 98-30 10`h Ave SW @ SW 334th St: Si nalization or roundabout 404 11-01 215`Ave S S 3201h St: Install signal 404 98-26 S 3201h St cr 5`h Ave S: Si nalization 404 00-07 S 348"St 9`h Ave S: Add 2 SB left-turn lane 2,326 92-12 4th Ave S: S 312th St-S 316th PI:improve vertical alignment 3,1978 95-02 S 312th St:23rd Ave S-281h Ave S:Widen to 3 lanes 7,461 98-31 SW 356`h St� 13`h Wy SW/141h Ave SW: Si nalization 404 07-16 Military Rd S @ S 320`h St:Add 2nd NB left-tum lane 5,620 98-29 SW 3201h St@ 11`h Ave SW: Si nalization 404 14-02 SR 509 ,301h Ave SW: Install roundabout 1,009 98-28 SW 320`h St(7a,7"Ave SW: Si nalization 404 98-19 S 308th St: 81h Ave S- 14`h Ave S: Install curb,gutter,sidewalks 5,330 92-11 SW Campus Dr: 15`Ave S-7th Wy SW: Widen lanes/sidewalk 2.073 00-16 SR 99 P,Spring Valley Montessori School: Add NB left-turn lane 6,977 95-20 Military Rd S: S 320th St-SR 18: Widen to 3 lanes 38,373 , s �: , , • ter; 1 Project Number Pr _qject Despo 00-06b S 314th St:20`h Ave S-23rd Ave S: Add sidewalks and street lights 23 2,665 98-41 1"Ave S: S 292°d St-S 312`''St: Shoulder improvement 24 3,770 16-30 S 336th St: SR 99-20th Ave S: Add sidewalk north side 25 639 16-29 215`Ave S: S 316th St-S 3201h St: Install sidewalk on west side 26) 1,356 16-27 SR 509: 11`h Pl S- 16th Ave S: Install sidewalk on south side 27) 1,500 I6-28 20"Ave S&S 316th St:I install sidewalk on east and south sides(29) 395 98-39 91h Ave S: S 332nd St-S348 1h St: Widen for Bike Lanes 15,634 98-42 S Park&Ride Trail: SR99 @ 352nd-S 348"@ 9`h: Extend Trail 1,493 y , + � '7- 042,696,', Ordinance No. 19- Page 12 of 12 Rev 1/17 CP 73 Public Hearing Amendment to the Comprehensive Plan Extension of 324th to Weyerhaeuser Way City of Federal Way Planning Commission February 20120-19 74 City of Federal Study Session 2018 Comprehensive February 6,, 2019 Presentation • Planning Commission CITY OF Federal Way • - Site-specific Requests .M, • The 2018 Comprehensive Plan Amendments originally included: • Two City-initiated requests • The Milton Road Legislative Rezone • The realignment of the South 324th Street Extension • One citizen-initiated request, which has been withdrawn 75 1 0 r r .ti.f.. _.. .....v...«rrw.u../wr.rrw •/ -1 J a,..-.w,....s c .v..._ ..r. Realignment of South 324th Street Extension Al Initiated by the City to-7 I move the alignment further south o reques o realign the South 324th Street Extension east of 1-5 further south to connect with Weyerhaeuser Way South Table III-10.Capital Improvement Program (CIP)-2016 to 2040 Capit-tl Project List 94.1 Ob SR 509:9th P1 S-16th Ave S:\Viden to 5 lanes.signal at 9th PI S 8.794 07-06 1st Ave S(4 SW 301st St:Install signal or roundabout 404 16.11 8th Ave S A S 320th St Add left-turn lanes NB.SB 485 S 324th St Interchange:Extend 5•1ane minor arterial to 32nd Ave\VeverLaenscr W>v 16.13 S 134.587 4 rederalftiv -�R 76 2 Procedural 12/21/1$ StPA Issued (14 bay Cohiment &21 Day Appeal Period) 2/06/19 Planning Commission Study Session 2/20/19 Planning Commission Public Hearing Questions? VC CITY OF Federal Way 77 3 1 • City of Federal Way CITY OF Federal Way CITY OF Hearing 2018 Comprehensive Plan Amendments February 20, 2019 Presentation to the Planning Commission Proposed 324th Extension Comprehensive Plan Amendment Proposal from Planned Extension of 324t" to 32^d amended to plan extension from 324t" to Weyerhaeuser Way South Federal 2/27/2019 City-initiated request to realign the South 324th Street Extension east of 1-5 further south to connect with Weyerhaeuser Way South Table III-10.Capital Improvement Program (CIP)-2016 to 2040 Capital Project List 607-06 SR 509:9th Pl S-16th Ave S:Widen to 5 lanes.signal at 9thPI S 8.794 19t Ave S SW 301st St:Install si nal or roundabout 404 16-11 8th Ave S^S 320th St-.Add left-turn lanes NB.SB 485 S 3241h St interchange:Exte"54anc minor Arterial to 3Att,d Ave Wcverlaatuscr WAV 1&13 S 134.587 3 Future Realignment-S 324th Street Extension r o�r.v Aabtlr r]arn Strear ��` The Comment At Fedefar Way P _,'mourn y2ao,Soreet ., Vl gna Puri Wq N xW A ryd J 4.w.r!. M1A,Yr1 n� t4 �S 79 2 2/27/2019 Complan Alignment - S 324th Street Extension WA 96 4o la �(rnlfr oNOo t�e,tiet 144 I I +� RnfO AY'rld RMo !fn!f, f�.. rhf�dlllfllllM At rt*,ar . ney A y r r .A. JOW ,i l Realignment of South 324th Street Extension LIE Initiated by t e City to move the alignment further s-outh 80 3 2/27/2019 Options f • to Consider * Recommend Adoption of the Mayor's Proposal * Recommend Changes to the Mayor's Proposal and Adoption with Changes * Recommend Denial of the Proposed Rezone * Pass on to Council with No Recommendation �a Questions? k CITY OF - - Federal Way 81 4 41F CITY OF 40 `' Federal Way PLANNING COMMISSION STAFF REPORT February 12,2019 To: Wayne Carlson, Federal Way Planning Commission Chair FROM: Brian Davis, Community Development Director '"" Robert"Doe"Hansen,Planning Manager Margaret H. Clark, AICP, Principal Planner SUBJECT: Public Hearing—Comprehensive Plan Amendment for the Future Realignment of South 324'h Street Extension,Files 18-105898-00-SE and 18-105198-UP MEETING DATE: February 20,2019 I. BACKGROUND The 2015 comprehensive plan shows the future road alignment as extending over I-5 east to 32nd Avenue South(Exhibit A). This comprehensive plan amendment would realign the future extension further south to connect with Weyerhaeuser Way South(Exhibit B). The South 324th extension is planned to be constructed no sooner than 2025; although,no construction plans or resources have been allocated towards the project and the amendment is a non-project action. Larger maps of the existing and proposed alignments are shown in Exhibits C and D. II. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. Planning Commission Staff ReportFebruary 12,2019 2018 Comprehensive Plan Amendments,Future Realignment oRbuth 324`h Street Extension Page 1 of 7 III. PROCEDURAL,SUMMARY Steps Date Issuance of Determination of Nonsignificance(DNS)pursuant to the December 21,2018 State Environmental Policy Act(SEPA)(Exhibit E)' End of SEPA Comment Period January 4,2019 Planning Commission Study Session February 6,2019 End of SEPA Appeal Period January 25,2019 Public Hearing before the Planning Commission February 20,2019 LUTC Meeting March 4,2019 City Council 1st Reading Marchl9,2019 City Council 2nd Reading April 2,2019 IV. CITIZEN COMMENTS Four written comments (Exhibit G), as summarized in Table I, were received on this proposed amendment. Table I No. Summary of Comments Names 1 A representative from the BP Olympic Pipe Line states that realigning Chase Wakefield South 324`h Street will impact their 14-inch pipe line that needs to be representing BP protected in this area. Olympic Pipe Line 2 The realignment of the road will direct traffic volume from 5,000 Richard Pierson vehicles to Weyerhaeuser Way South, instead of being dispersed to both Weyerhaeuser Way South and 32 d Avenue South, In addition,the 2015 comprehensive plan did not address traffic from the proposed developments of DaVita and the Industrial Realty Group.He also stated that in relationship to the environmental checklist, forest land use has been practiced in the location of the proposed alignment as a"Managed Forest Buffer," and the realignment would also affect a trail in that area. 3 They are generally in favor of the realignment,although they have Lori Sechrist on behalf concerns about the increased traffic going to Weyerhaeuser South.They of Save Weyerhaeuser are,however,in favor of the well-paying jobs that DaVita will bring. Campus They state that the proposed road should not result in elimination of the managed forest buffer;if the I-5 oft ramps are constructed,South 324" Street Should be the only access point for semi-trucks entering and exiting the CP-I zoned property located north of South 336th Street;the property is within the Tacoma Smelter Plume zone; the proposed street extension will eliminate portions of recreational trails in the CP-1 zone; and the Weyerhaeuser Headquarters building and likely most of the landscape are eligible for-National Historic Register listing. - - 'Refer to Exhibit F—Agencies that were sent a copy of the DNS and environmental checklist. Planning Commission Staff Report y� February 12,2019 2018 Comprehensive Plan Amendments,Future Realignment oMuth 324th Street Extension Page 2 of 7 No. Summary of Comments Names 4 Has concerns about the increased safety issue related to the proposed Richard Pierson intersection being located on a curve at the intersection with Weyerhaeuser Way South as compared to a minimal curve on the connection to Weyerhaeuser Way in the comprehensive plan from South 323`d Street. V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be considered in a Comprehensive Plan Amendment—The city may consider,but is not limited to,the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to future construction of South 324 'Street in its new alignment.Impacts from the future connection have already been evaluated and will not be increased by this proposal. Future road construction will be subject to environmental review as required by the Washington State Environmental Policy Act(SEPA)and the National Environmental Policy Act(NEPA),and will be evaluated in accordance with all plans,policies,rules, and regulations adopted as a basis for the exercise of substantive authority under SEPA to approve, condition, or deny the proposed action. There is a Class II wetland located east of I-5,approximately 275 feet north of the proposed aliLmment.Class II wetlands have buffers ranging from 75 to 225 feet.There is also a small Class IH wetland located where South 324 'would intersect with Weyerhaeuser Way South. Class III wetlands have buffers ranging from 60 to 225 feet.In addition,there is a major stream,East Hylebos Creek,located approximately 150 feet to the north.Major streams have 100 foot buffers.Refer to Exhibit H. The site is located within the Enhanced Basic Water Quality Treatment Area.Any water- related or erosion-related impacts associated with future development must be mitigated in compliance with the city-adopted 2016 King County Surface Water Manual (KCSWM)and the City of Federal Way Addendum to the Manual.This requires any erosion-related impacts created during clearing and construction activities to be addressed according to a Temporary Erosion Sedimentation Control Plan(TESC),which is a standard part of engineering review and approval. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V(1)(1),above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Land to the north is zoned OP-1. The road extension is planned to be constructed on land zoned CP-1. Based on language in the 1994 Concomitant Agreement,which established the zoning and allowable uses in each zone,the uses in the respective zones are deemed to be compatible.Any future roadway should also be compatible with the uses in each zone. Planning Commission Staff Report February 12,2019 2018 Comprehensive Plan Amendments,Future Realignment of�outh 324th Street Extension Page 3 of 7 (4) The adequacy of and impact on community facilities including utilities, roads,public transportation,parks, recreation, and schools. Construction of South 324`h Street, with an alignment further to the south than the existing alignment will not impact community facilities, including utilities,roads,public transportation,parks, recreation,and schools.However,the proposed street extension will eliminate portions of recreational trails in the CP-1 zone. (5) The benefit to the neighborhood, city, and region. Moving the future realignment of South 324 'Street further south would benefit the city because the existing alignment would bisect the future DaVita Campus. DaVita is proposing to expand its campus in two phases.The first phase includes a full site buildout with a 160,000 square building and 681 new parking spaces. The second phase will come at an undetermined time in the future with an expansion of the building to 200,000 square feet.This will benefit the neighborhood, city, and region by providing 640 to 720 well- paying jobs in the first phase expansion. The realignment will also be beneficial for future development in East Campus by providing more land for such development that is not bisected by a road. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. This road or its parallel alternative at South 312`h Street has been in the comprehensive plan since 1995, and the realignment will not affect the quantity of land required for its construction. (7) The current and projected population density in the area. The area on which the future road extension would be constructed is zoned CP-1,which does not permit housing, so there is no current or projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. Realignment of the future extension of South 324`h Street will not affect other aspects of the comprehensive plan. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan—The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Realignment of the future extension of South 324`h Street is related to the public safety as it will provide an alternative safe access from areas east of I-5 to areas to the west. It also improves public welfare by providing more land for development. (2) The proposed amendment is in the best interest of the residents of the city. Planning Commission Staff Reportgg� February 12,2019 2018 Comprehensive Plan Amendments,Future Realignment ofyouth 324`h Street Extension Page 4 of 7 Please see responses under Sections V(1)(5)and V(2) (1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment and rezone under consideration is consistent with the following goals of RCW Chapter 36.70A.020(2)of the Growth Management Act(GMA): "(i) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. "(ii) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans,promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons,promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. "(iii) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." The proposal is also consistent with the following goals and policies of the comprehensive plan: "TG1 Maintain mobility through a safe,balanced, and integrated transportation system. "TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian,bicycle, and transit ways that are integrated into a coordinated regional network." VI.COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. Please see responses under Sections V(1)(5)and V(2)(2). b. The proposed request is appropriate because either: Planning Commission Staff Report February 12,2019 2018 Comprehensive Plan Amendments,Future Realignment of South 324th Street Extension Page 5 of 7 (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. The area where the road will be constructed was given the CP-1 designation in 1994. Since that time, new developments have been proposed in the area as a result of the purchase of the Weyerhaeuser property.With the Greenline warehouses in the planning stages and with the construction of the new DaVita office buildings,the area is changing significantly. c. It is consistent with the comprehensive plan. The comprehensive plan shows the location of the existing road on Map 11I-3 (Exhibit I). The proposed realignment of the South 324th Street extension to the south is substantially in compliance with that location. This connection or its parallel alternative at South 312th Street has been in the plan since 1995. d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. Please refer to the response under Sections V. (2) (3)and VI. (1)(C) above. e. It is consistent with the public health, safety, and welfare. Refer to response under Section V. (2) (1) above. VII. MAYOR'S RECOMMENDATION The Mayor recommends that project number 16-13 in Table III-10, Capital Improvement Program(CIP)—2016 to 2040, of the Federal Way Comprehensive Plan be amended as follows: Project Number Project Description Cost(2016 $1,000) 16-13 S 324th St Interchange: Extend 5-lane minor arterial to 32-nd 134,587 Ave Weyerhaeuser Way S VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding each proposed comprehensive plan amendment and rezone request: 1 Recommend to City Council adoption of the proposed comprehensive plan amendment as proposed; Planning Commission Staff Report RR February 12,2019 2018 Comprehensive Plan Amendments,Future Realignment of South 324a'Street Extension Page 6 of 7 2. Recommend to City Council that the proposed comprehensive plan amendment not be adopted; 3. Forward the proposed comprehensive plan amendment to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit A Existing Alignment of South 324th Street Extension Exhibit B Proposed Realignment of South 324th Street Extension Exhibit C Vicinity Map—Existing Alignment of South 324th Street Extension Exhibit D Vicinity Map—Proposed Alignment of South 324th Street Extension Exhibit E Determination of Nonsignificance and Checklist Exhibit F Agencies That Were Sent a Copy of the DNS and Environmental Checklist Exhibit G Written Comments Exhibit H Critical Areas Map Exhibit I Map III-3 of the City of Federal Way Comprehensive Plan K:\Comprehensive Plan\2018 Comprehensive Plan Amendments\Planning Commission\South 324th Realignment Planning Commision Public Hearing Report.doc Planning Commission Staff Report p February 12,2019 2018 Comprehensive Plan Amendments,Future Realignment oMuth 324th Street Extension Page 7 of 7 EXHIBIT • j_ � :. is �,,, G Ul � ? N aa LA i _ C x } W j dus JA CWS ai LL.£ 89 i EX IBIT .. ..._._..,._.................... .r........................ ...... ......_....... f �;. ..... w c, 40. y.1 y w } w LLJ LLJ Ln cc LL •MY•., j; I Z z, o ++� ! L ° o w ulOLU a I ��I as aLU Oo s s; cl en z� U = r tl CA r t• Jt I6 { }tl co } I, I 11 •L o • ,� 1-� d { �...... . ... ..... ... ... . 90 Complan Alignment - S 324th Street Extension South 3 t 7th sireel .7�hh Nrest '' fl g/¢ i �mr�y EX ��" i/1,';44n 1 fPO•TQC center Pof.vo H j S JuntY WA 99 voltage po" Wbrl'o Plnlo CPnler e "'�'—�-- ei4vin 32pth Ssreet __ Sunset Square } s CekWndm! The Commons C." At federal n I 1"IuJ Eittl i�nnpeic 3 -+Z41h St-et { tlivI"Ma i g t s 7 � gq t S•tllt 13 3W Strtrt d I eel 33fi1h Sheet Soutfi 336th Street I 1 5 5.>ygl.la1k+vrr+r Q n N r PpeA IN hArerzr.r l�I�i1� 1 t h •Erlf F. - �t3t Pale t. Sit E. uurR }nlllh ie Yd 11trY.1 ' I I p, t {Mtlh Ilet $a,ll:i•9M1tn Sl rrt+l +} WA 99 e YVA 18Ad T Legend felferw I C _ -Crouings 7 campus WA 161 Square ComPlan Alignment ', Traffic Circle 5-01 352nd Nees South]52•d meet0 QIJ 91 Future Realignment - S 324th Street Extension r:;fe ' Yrloge `Plato WorfdVram Center .SIT Sunset Square tefebrauw+t � The Commons At FederalWay a CertMr t n !µtali .124th,sveet . ��qp" V.^.nyeu Font Wa} it F t�' P _ 4't'rtiw,xr„ , Z, � - s n trN!t South 336th Street 14bOw 33etr;tr Kt pa; I � � n � � W rrlyp C$ ate amr,r,. "M gtrrpl tp Ola(e 4 ark park rtl L 1 1—th tG 1.4%t,— • n t 1 - WA 99 a44a+tnw.t y, 44 1w }44th Way r ! t �jjJJ wry to i iO,H{IJdBih ilin'1 � L� CrVlYltA(li< o $Oath 14911i Slrkt'1 ���"/ Campus F WA 161 Square '3 Legend �--�-- Bicycle-Pedestrian �r.ri�J`'lrU Strip[ S 324th St Realignment 92 Federal Way 4 , �,_ �ti4 2S DETERMINATION OF NONSIGNIFICANCE (DNS) Comprehensive Plan Amendment to realign the extension of South 324th Street east of I-5 (Non-Project Action) File No: 18-105898-00-SE Description: The 2015 Comprehensive Plan shows the future road alignment of South 320 Street as extending over I-5 east to 32"`'Avenue South. This non-project comprehensive plan amendment would allow for the realignment of the future extension further south to connect with Weyerhaeuser Way South.1 he South 324°i extension is planned to be constructed no sooner than 2025. Applicant: Public Works Department-Traffic Division Lead Agency: City of Federal Way Staff Contact: Principal Planner Margaret Clark—253-835-2646, �n�ir�arel.cl;Grk,u:4 ituffedcr ilwci�.L��in The city's Responsible Official has determined that the proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c).This decision was made after review of a completed environmental checklist and other information on file with the city. A completed environmental checklist and supporting documents are available for review at the City of Federal Way Community Development Department(Federal Way City Hall, 33325 8`h Avenue South,Federal Way, WA 98003,253-835-7000), from 8 a.m, to 5 p.m., Monday through Friday. This DNS is issued under WAC 197-11-340(2).The lead agency will not act on this proposal for 14 days from the date of issuance.Comments must be submitted by 5:00 p.m. on January 4,2019.Unless modified by the city,this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days of the above comment deadline. You may appeal this determination to the Federal Way City Clerk(address above),no later than 5:00 p.m. on January 25,2019, by a written letter stating the reason for the appeal of the determination.You should be prepared to make specific factual objections. Responsible Official: Brian Davis Title: Director of Community Development/SEPA Official Address: 33325 8a'Avenue South,Federal Way,WA 98003 f Date Issued; .December 21201.8 Signature: Doc.LD. 93 Department of Community Development 33325 8th Avenue South Federal Way,WA 98003-6325 CITY OF 253-835-2607; Fax 253-835-2609 Federal Way ?^^^ `.1!yoffudonjjA y coni S E PA ENVIRONMENTAL CHECKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant.This information is also helpful to determine if available avoidance,minimization, or compensatory mitigation measures will address the probable significant impacts,or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal.Please answer each question accurately and carefully,to the best of your knowledge.You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable"or "does not apply"only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies and/or reports.Complete and accurate answers to these questions often avoid delays with the SEPA process, as well as later in the decision-making process. The checklist questions apply to all parts of your proposal,even if you plan to do them over a period of time or on different parcels of land.Attach any additional information that will help describe your proposal or its environmental effects.The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Additional information may be necessary to evaluate the existing environment,all interrelated aspects of the proposal,and an analysis of adverse impacts.The checklist is considered the first,but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made,the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals(such as ordinances,regulations,plans,and programs),complete the applicable parts of sections A and B,plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D).Please completely answer all questions that apply and note that the words"project,""applicant,"and"property or site"should be read as"proposal,""proponent,"and"affected geographic area,"respectively.The lead agency may exclude(for nonprojects)questions in Part B (Environmental Elements)that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental Checklist Page 1 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 94 EXP'!r�&T PACE-3_c A. BACKGROUND 1. Name of proposed project,if applicable: Comprehensive Plan Amendment to realign the extension of South 320 Street east of I-5,File Numbers 18-105198-UP and 18-105898-SE 2. Name of applicant: Federal Way Public Works Department—Rick Perez 3. Address and phone number of applicant and contact person: Contact Person Margaret Clark 33325 8'h Avenue South, Federal Way,WA 98003. (253)835-2646 4. Date checklist prepared: November 3,2018 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule(including phasing,H applicable): Planning Commission Public Hearing—February 20,2019 Land Use/Transportation Committee Public Meeting March 4,2019 City Council Public Meeting with I"Reading of Ordinance—March 19,2019 City Council Public Meeting with 2nd Reading of Ordinance—April 2,2019 7. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal?If yes,explain. The 2015 Comprehensive Plan shows the future road alignment on Map 11I-3(Exhibit A)as extending over I-5 east to 32nd Avenue South(Exhibit B). This comprehensive plan amendment would realign the future extension further south to connect with Weyerhaeuser Way South(Exhibit Q. The south 324th extension is planned to be constructed no sooner than 2025,although no construction plans or resources have been allocated towards the project and the amendment is a non project action. 8. List any environmental information you know about that has been prepared,or will be prepared, directly related to this proposal. SEPA Environmental Checklist Page 2 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 95 PAGE_ .�a.:. , 2Or a., If the future road extension is constructed and federal funds are used,the proposal must be evaluated pursuant to the National Environmental Policy Act(NEPA),which would be adopted by the City to satisfy the State Environmental Policy Act(SEPA). 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal?If yes, explain. This is non-project proposal. 10. List any government approvals or permits that will be needed for your proposal,if known. Refer to Section A.8.of this Checklist 11. Give brief,complete description of your proposal,including the proposed uses and the size of the project and site.There are several questions later in this checklist that ask you to describe certain aspects of your proposal.You do not need to repeat those answers on this page.(Lead agencies may modify this form to include additional specific information on project description.) Refer to the response under Section A.7. of this Checklist. 12. Location of the proposal.Give sufficient information for a person to understand the precise location of your proposed project,including a street address,if any,and section,township,and range,if known.If a proposal would occur over a range of area,provide the range or boundaries of the site(s).Provide a legal description,site plan,vicinity map, and topographic map,if reasonably available.While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Refer to Exhibit C-New South 3240'Street road alignment located in NW15-21-04,NEI 6-21-04,and NW 16-21-04. Staff concurs with the checklist. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (Underline/circle one): Flat,rolling,hilly,steep slopes,mountainous,other The site is fairly flat. b. What is the steepest slope on the site(approximate percent slope)? The steepest slope is approximately 17 percent,just southwest of the existing DaVita Business Office. c. What general types of soils are found on the site(for example,clay,sand,gravel,peat,muck)? If you know the classification of agricultural soils,specify them and note any agricultural land SEPA Environmental Checklist Page 3 of IS 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 96 PAGE-5 2:r of long-term commercial significance and whether the proposal results in removing any of these soils. Based on the City of Federal Way Regional Soils Map,the future extension as realigned would be built on Alderwood Gravelly Sandy Loam(AgC)(6-15 percent slope). d. Are there surface indications or history of unstable soils in the immediate vicinity?If so, describe. Based on the city's Critical Areas Map(Exhibit D), there are no surface indications or history of unstable soils in the immediate vicinity. e. Describe the purpose,type,total area, and approximate quantities and total affected area of any filling,excavation,and grading proposed.Indicate source of fill. The proposal is a non-project action.Any future road construction will be subject to its own review pursuant to the State Environmental Policy Act(SEPA),if applicable. f. Could erosion occur as a result of clearing,construction,or use?If so,generally describe. This is a non-project action. It is unlikely that erosion could occur as a result of clearing, construction,or use as this is a fairly flat area.Please refer to response under Section B.l.h. g. About what percent of the site will be covered with impervious surfaces after project construction(for example, asphalt or buildings)? This is a non-project action. However,the future road would have a C Cross Section,(Exhibit E) consisting of a 106 foot wide right-of-way with 18 feet of landscaping,therefore approximately 83 percent would be impervious. h. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: This is a non-project action.Any future project specific action will be subject to environmental review as required by the SEPA Rules,and will be evaluated in accordance with all plans,policies, rules, and regulations adopted as a basis for the exercise of substantive authority under SEPA to approve, condition or deny the proposed action.In addition, when a future project is submitted,any erosion-related impacts created during clearing and construction activities will be mitigated in compliance with the 2016 King County Surface Water Manual(KCSWM), as amended by the city. This requires any erosion-related impacts created during clearing and construction activities to be addressed according to a Temporary Erosion Sedimentation Control Plan(TESL),which is a standard part of engineering review and approval. Staff concurs with the checklist. 2. Air a. What types of emissions to the air would result from the proposal during construction, operation,and maintenance when the project is completed?If any,generally describe and give approximate quantities if known. SEPA Environmental Checklist Page 4 of 18 2018 City of Federal Way Comprehensive Plan Amendments Filc#18-105898-00-SE 97 PACE._. This is a non-project action.However,increased emissions to the air are expected,temporary emissions during construction due to use of construction vehicles and after construction by increased vehicle traffic in the area.Quantities of the increased emissions are unknown. b. Are there any off-site sources of emissions or odor that may affect your proposal?If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air,if any. Any future development will be subject to City of Federal Way requirements for air emissions as addressed in FWRC Title 7,Public Nuisances. Staff concurs with the checklist. 3. Water a. Surface Water 1) Is there any surface water body on or in the immediate vicinity of the site(including year- round and seasonal streams,saltwater,lakes,ponds,wetlands)?If yes,describe type and provide names.If appropriate,state what stream or river it flows into. There is a Class 11 wetland located east of I-5,approximately 275 feet north of the proposed alignment.Class 11 wetlands have buffers ranging from 75 to 225 feet.There is also a small Class III wetland located where SOUtli 324`x'would intersect with Weyerhaeuser Way South. Class IH wetlands have buffers ranging from 60 to 225 feet.There is also a major stream,East Hylebos Creek,located approximately 150 feet to the north.Major streams have 100 foot buffers.Refer to Exhibit D—Critical Areas Map. 2) Will the project require any work over,in,or adjacent to(within 200 feet)the described waters?If yes,please describe and attach available plans. See response to above question. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected.Indicate the source of fill material. This is a non-project action.No future filling or dredging of the wetland is anticipated. 4) Will the proposal require surface water withdrawals or diversions?Give general description,purpose,and approximate quantities if known. This is a non-project action.No surface water withdrawals or diversions are expected,but will have to be evaluated at the time of a specific proposal. SEPA Environmental Checklist Page 5 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 98 PAGE 5) Does the proposal lie within a 100-year floodplain?If so,note the location on the site plan. Based on the Washington State Coastal Atlas(Flood Hazard Maps),there are no floodplain in this area. 6) Does the proposal involve any discharges of waste materials to surface waters?If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water 1) Will groundwater be withdrawn from a well for drinking water or other purposes?If so, give a general description of the well,proposed uses,and approximate quantities withdrawn from the well.Will water be discharged to groundwater?Give general description,purpose,and approximate quantities if known. This is a non-project action.However,based on the Lakehaven Water&Sewer District Wellhead Protection Maps,there are no wells in this area. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources,if any(for example: domestic sewage;industrial containing the following chemicals. .. ; agricultural; etc.).Describe the general size of the system,the number of such systems,the number of houses to be served(if applicable),or the number of animals or humans the system(s)are expected to serve. No septic tanks or other similar sources of pollutants associated with the future construction of the Soul li 3246'road extension are anticipated. c. Water runoff(including stormwater): 1) Describe the source of runoff(including stormwater)and method of collection and disposal,if any(include quantities,if known).Where will this water flow?Will this water flow into other waters?If so,describe. Stormwater facilities will be constructed to take care of runoff from the road per regulations when,and if,a facility is constructed. 2) Could waste materials enter ground or surface waters?If so,generally describe. Runoff from any future road will discharge to an approved stormwater treatment and detention system and the closest wetland is approximately 275 feet north of the proposed alignment. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site?If so,describe. Since this is a non-project action,it is unknown whether future construction of the road will alter drainage patterns in the vicinity. d. Propose(dmeasures to reduce or control surface,ground,and runoff water,and drainage SEPA Environmental Checklist Page 6 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 99 PAGE pattern impacts,if any: At the time of any road construction,any water-related impacts will be mitigated in compliance with the City-adopted 2016 King County Surface Water Manual,or its successors as amended by the City. Staff concurs with the checklist. 4. Plants a. Check the types of vegetation found on the site: X deciduous tree: alder,maple,aspen,other X evergreen tree: fir,cedar,pine,other X shrubs X grass _pasture crop or grain orchards, vineyards,or other permanent crops X wet soil plants: cattail, buttercup,bullrush,skunk cabbage,other _X_water plants: water lily,eelgrass,milfoil,other -X-other types of vegetation-meadows b. What kind and amount of vegetation will be removed or altered? It is unknown at this time what kind and amount of vegetation will be removed or altered for any proposed project. c. List threatened and endangered species known to be on or near the site. There are no known threatened or endangered species in the vicinity. d. Proposed landscaping, use of native plants,or other measures to preserve or enhance vegetation on the site,if any. If a road was to be constructed,there would be a six foot wide planting strip on each side of the paved roadway surface(Refer to Exhibit E—Roadway Cross Section C). e. List all noxious weeds and invasive species known to be on or near the site. There are no known noxious weeds or invasive species on or near the site. Staff concurs with the checklist. 5. Animals a. List any birds and other animals which have been observed on or near the site,or are known tote on-or near the site. Examples include: SEPA Environmental Checklist Page 7 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 100 EXPIRIT-E birds: hawk,heron,eagle, songbirds, other: x PAGE le mammals: deer,bear,elk,beaver,other: x fish: bass, salmon,trout,herring,shellfish,other x A variety of birds,mammals,and fish native to the Pacific Northwest are found within the City of Federal Way. Species vary depending on whether the area is in a natural versus developed state. b. List any threatened and endangered species known to be on or near the site. There are no known threatened or endangered species in this area. c. Is the site part of a migration route?If so,explain. Federal Way is located within the Pacific Flyway migration route utilized by waterfowl migrating north into Alaska and northern Canada.It is unknown whether there are key rest stops in this area. d. Proposed measures to preserve or enhance wildlife,if any. There are no proposed measures at this time to preserve or enhance wildlife. e. List any invasive animal species known to be on or near the site. None known. Staff concurs with the checklist. 6. Energy and Natural Resources a. What kinds of energy(electric,natural gas,oil,wood stove,solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing,etc. It is anticipated that there will be street lights along the road if one is constructed.Energy for the lights would be provided by Puget Sound Energy(PSE). b. Would your project affect the potential use of solar energy by adjacent properties?If so, generally describe. Any road construction would not affect the potential use of solar energy by adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal?List other proposed measures to reduce or control energy impacts,if any. There are no plans proposed at this time, and any proposed measures to reduce or control energy impacts can only be determined once a proposal is made. Staff concurs with the checklist. SEPA Environmental Checklist Page 8 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 101 7. Environmental Health a. Are there any environmental health hazards,including exposure to toxic chemicals,risk of fire and explosion,spill,or hazardous waste that could occur as a result of this proposal?If so,describe. There are none. 1) Describe any known or possible contamination at the site from present or past uses. There is no known contamination in this area. 2) Describe existing hazardous chemicals/conditions that might affect project development and design.This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. The Olympic Pipeline runs parallel to I-5 on the east and a high pressure natural gas line runs north to south through the area(Exhibit F). 3) Describe any toxic or hazardous chemicals that might be stored,used,or produced during the project's development or construction,or at any time during the operating life of the project. If a road was constructed,no toxic or hazardous chemicals will be stored,used, or produced during the project's development or construction, or at any time during the operating life of the project. 4) Describe special emergency services that might be required. No special emergency services will be required for this amendment. 5) Proposed measures to reduce or control environmental health hazards,if any. No measures are proposed to reduce or control environmental health hazards. b. Noise 1) What types of noise exist in the area which may affect your project(for example:traffic, equipment, operation, other)? There are no known types of noise that would affect any future road construction 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic,construction,operation,other)? Indicate what hours noise would come from the site. If a road was constructed,there would be short-term noise associated with construction equipment and long-term noise associated with traffic if South 324`t, Street is extended to Weyerhaeuser Way South. 3J Proposed measu€res to reduce or control noise i in pacts, if any: SEPA Environmental Checklist Page 9 of I8 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 102 1`z PAGE.�...w:,m. ..` � as As a non-project action,no measures are proposed to control noise impacts. Staff concurs with the checklist. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties?If so,describe. The site is currently vacant land.Current use to the north,moving from east to west is a wetland, detention pond,vacant commercial land,DaVita office building,and a detention pond.Current use to the south is vacant commercial land.The proposed road construction will not affect these adjacent uses. b. Has the project site been used as working farmlands or working forest lands?If so,describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal,if any?If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? It is unknown if any of the sites have been used for agriculture or as forest land in the past. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations,such as oversize equipment access,the application of pesticides,tilling,and harvesting?If so,how. There are no surrounding working farms or forest land normal business operations,such as oversize equipment access,the application of pesticides,tilling,and harvesting. c. Describe any structures on the site. The site is vacant. d. Will any structures be demolished?If so,what? There are no structures on the site. e. What is the current zoning classification of the site? The site is currently zoned Corporate Park-1 (CP-1). f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Corporate Park. g. If applicable,what is the current shoreline master program designation of the site? The site is not.located in a designated shoreline master program area., SEPA Environmental Checklist Page 10 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 103 Eon Y"I T__E_ 101 h. Has any part of the site been classified as a critical area by the city or county?If so,specify. The proposed realignment for the South 324h road extension is not designated as a critical area, however there is a small Class III wetland to the north of the proposed road terminus at Weyerhaeuser Way South. i. Approximately how many people would reside or work in the completed project? Not applicable.This is a non-project action. j. Approximately how many people would the completed project displace? Not applicable.This is a non-project action. k. Proposed measures to avoid or reduce displacement impacts,if any. Not applicable. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans,if any. Land to the north is zoned OP-1.The road extension is planned to be constructed on land zoned CP-1. Based on language in the 1994 Concomitant Agreement which established the zoning and allowable uses in each zone, the uses in the respective zones were deemed to be compatible.Any future roadway should also be compatible with the uses in each zone. in. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance,if any. There are no agricultural and forest lands of long-term commercial significance within the city. Staff concurs with the checklist. 9. Housing a. Approximately how many units would be provided,if any?Indicate whether high,middle,or low-income housing. Not applicable. b. Approximately how many units,if any,would be eliminated?Indicate whether high,middle, or low-income housing. Not applicable. c. Proposed measures to reduce or control housing impacts,if any. Not applicable. Staff concurs with the checklist. SEPA Environmentai Checklist Page 11 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#]8-105898-00-SE 104 EX"Ir IT [SAGE__13 _CV__Lr 10. Aesthetics a. What is the tallest height of any proposed structure(s),not including antennas;what is the principal exterior building material(s)proposed? If a road was constructed,the tallest structure would be street lighting poles that extend over the roadway.Height of poles needs to exceed the limit for tall vehicle clearance by enough to not need warning signs.This is often around 40 feet on arterial roadways. b. What views in the immediate vicinity would be altered or obstructed? Trees would be removed with any future road construction. c. Proposed measures to reduce or control aesthetic impacts,if any. Not applicable.This is a non-project action and aesthetic impacts would have to be determined if a project is proposed. Staff concurs with the checklist. 11. Light and Glare a. What type of light or glare will the proposal produce?What time of day would it mainly occur? There would be light emitted from street lighting poles after dark if a project is proposed. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts,if any. Federal Way Revised Code(FWRC) 19.105.030,Lighting regulation,prohibits light sources both directable and nondirectable from extending on to adjacent properties. Staff concurs with the checklist. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? North Lake,located to the southeast,offers seasonal fishing opportunities for largemouth bass and rainbow trout.There are also a wide variety of recreational opportunities in the greater Federal Way area. These-opportunities 3nclude-Dash Puint State Park, a 398-acre-state park on the west side of the city,operated and maintained by Washington State Parks; Celebration Park, an 84-acre SEPA Environmental Checklist Page 12 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE; 105 PRU 2, city-owned community park located approximately in the middle of the City with ballfields and walking trails;Town Square Park,a four acre city-owned community park located in the City Center, and recreation trails in the Bonneville Power Administration right-of-way. b. Would the proposed project displace any existing recreational uses?If so,describe. The proposed realignment of the South 324 'Street extension would not displace any existing recreational uses. c. Proposed measures to reduce or control impacts on recreation,including recreation opportunities to be provided by the project or applicant,if any. Not applicable. Staff concurs with the checklist. 13. Historic and cultural preservation a. Are there any buildings,structures,or sites,located on or near the site that are over 45 years old listed in or eligible for listing in national,state,or local preservation registers located on or near the site?If so,specifically describe. The former Weyerhaeuser Corporate Headquarters,now"Greenline,"opened in 1971,making it over 45 years of age. However, it is not listed in any national, state, or local preservation registers. b. Are there any landmarks,features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries.Are there any material evidence,artifacts, or areas of cultural importance on or near the site?Please list any professional studies conducted at the site to identify such resources. It is unknown whether there are any landmarks or evidence of Indian or historic use or occupation in the area. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site.Examples include consultation with tribes and the department of archeology and historic preservation,archaeological surveys,historic maps, GIS data,etc. The Notice of Determination of Non-significance(DNS)will be sent to the Department of Archeology and Historic Preservation and to the Puyallup Suquamish, and Muckleshoot tribes. d. Proposed measures to avoid,minimize,or compensate for loss,changes to,and disturbance to resources.Please include plans for the above and any permits that may be required. No measures will be proposed until,and if,a project is proposed. Staff concurs with the checklist. SEPA Environmental Checklist Page 13 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 106 PAGE_ � . . 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system.Show on site plans,if any. There are no streets serving the area proposed for realignment of the road extension.However,if the roadway extension is constnrcted it will connect the existing South 320 Street at 2314 Avenue South west of 1-5 with Weyerhaeuser South,east of I-5. b. Is the site or affected geographic area currently served by public transit?If so,generally describe.If not,what is the approximate distance to the nearest transit stop? Sound Transit,Kang County Metro,and Pierce Transit provide service to the city.There is also a dial-a-ride-transit(DART)service, as well as two park and ride facilities(Twin Lakes and Redondo Heights)and the Federal Way Transit Center.Two operate routes through the Weyerhaeuser site. Pierce County's Route 402 runs on Weyerhaeuser Way South horn Tacoma and west on South 336"'Street to the Federal Wy Transit C elftj'every hour. Addiliomally, King Counl Metro Transit Route 181 runs on South 320 Street connecting Federal Way Transit Center to Auburn and the Green River Community Center every 30 minutes. c. How many additional parking spaces would the completed project or non-project proposal have?How many would the project or proposal eliminate? Not applicable. d. Will,the proposal require any new or improvements to existing roads,streets,pedestrian, bicycle,or state transportation facilities,not including driveways?If so,generally describe (indicate whether public or private). The proposed comprehensive plan amendment would allow the realignment of the South 320 Street extension east of I-5, and would not require any improvements to existing roads,streets, pedestrian,bicycle, or state transportation facilities.*** e. Will the project or proposal use(or occur in the immediate vicinity of)water,rail,or air transportation?If so,generally describe. No. f. How many vehicular trips per day would be generated by the completed project or proposal? If known,indicate when peak volumes would occur and what percentage of the volume would be trucks(such as commercial and non-passenger vehicles).What data or transportation models were used to make these estimates? The City uses travel demand modelling based on PSRC's regional model with detail added within and near Federal Way with current 2040 land use forecasts.If constructed,the new roadway is estimated to carry approximately 5,000 vehicles per day.However,other land use proposals in the area may increase these volumes significantly,so those projects will evaluate their impacts on this roadway as they move forward. Similarly, another roadway improvement project may result in the addition of freeway ramps to and from 1.-5 at South 324th Street,which would also alter the traffic volume-foremsts. SEPA Environmental Checklist W Page 14 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 107 g. Will the proposal interfere with,affect,or be affected by the movement of agricultural and forest products on roads or streets in the area?If so,generally describe. Federal Way is considered an Urban area,and there is little agricultural or forestry activity. h. Proposed measures to reduce or control transportation impacts,if any. Not applicable. Staff concurs with the checklist. 15. Public services a. Would the project result in an increased need for public services(for example:fire protection, police protection,public transit,health care,schools,other)? if so,generally describe. No. b. Proposed measures to reduce or control direct impacts on public services,if any. Not applicable. Staff concurs with the checklist. 16. Utilities a. Underline/circle utilities currently available at the site: electricity,natural gas,water,refuse service,telephone,sanitary sewer,septic system,other. It is unlikely that any utilities are available along the proposed realignment as this is presently vacant commercial land. b. Describe the utilities that are proposed for the project,the utility providing the service,and the general construction activities on the site or in the immediate vicinity which might be needed. If the road is constructed,street lights are expected to be installed at the same time as the roadway. Puget Sound Energy would provide the electricity for the lights. Staff concurs with the checklist. SEPA Environmental Checklist _ Page 15 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 108 v PAGE C. SIGNATURE The above answers are true and complete to the best of my knowledge.I understand that the lead agency is relying on them to make its decision. Signature: 1Y1A AA t awAk I'1 d-O -h' Printed Name of Signee: Margarct 11.(:lark Position and Agency/Organization: Principal Planner,City of Federal Way Date Submitted: December 10,2018 Reviewed and concurred vwtkt. , r Signature: Printed Name of Signee: Brian Davis Position and Agency/Organization: Community Development Qirwor.City of federal Wity Date reviewed: LIST OF EXHIBITS Exhibit A Map 3-111 of the City of Federal Wahy Comprehensive Plan Exhibit B Existing alignment of the South 324` Street extension east of I-5 Exhibit C Proposed realignment of the South 324th Street extension east of 1-5 Exhibit D Critical Areas Map Exhibit E Roadway Cross Section C Exhibit F Known Pipelines SEPA Environmental Checklist Page 16 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 109 ... r�' '•� 1~u......�m..:.� +rte. rf° 2, D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (IT IS NOT NECESSARY to use this sheet for project actions.) Because these questions are very general,it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions,be aware of the extent the proposal,or the types of activities likely to result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented.Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air;production, storage,or release of toxic or hazardous substances; or production of noise? The comprehensive plan amendment related to realigning the future extension will not in itself increase discharge to water; emissions to air;production, storage, or release of toxic or hazardous substances; or production of noise. However construction of the future roadway extension will result in increased emissions to air due to increased vehicle traffic in the area. Proposed measures to avoid or reduce such increases are: None. 2. How would the proposal be likely to affect plants,animals,fish,or marine life? Construction of the future roadway extension permitted by this amendment would result in removal of vegetation and may act as a barrier to movement of wildlife between the north and south sides of the road. Proposed measures to protect or conserve plants,animals,fish,or marine life are. None. 3. How would the proposal be likely to deplete energy or natural resources? The proposal should not deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: None. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated(or eligible or under study)for governmental protection; such as parks,wilderness, wild and scenic rivers,threatened or endangered species habitat,historic or cultural sites, wetlands,floodplains,or prime farmlands? The City makes every attempt to construct roads outside of wetland, streams,and their respective buffers.However,if a road is con t;acted and encroadiment into an environmentally sensitive area is SEPA Environmental Checklist Page 17 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 110 PAGE unavoidable, compliance with FWRC,Chapter 19.145,Environmentally Critical Areas and SEPA would be required. Proposed measures to protect such resources or to avoid or reduce impacts are: See response above. 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with existing plans? This area is not within the shoreline master program area. Proposed measures to avoid or reduce shoreline and land use impacts are: None. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Future construction of a road along the proposed new alignment,allowed by this amendment,will not increase demands on transportation since the east-west link already exists within the Comprehensive Plan.The amendment is to move the road southward. Proposed measures to reduce or respond to such demand(s)are: None. 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. The proposed comprehensive plan amendment does not conflict with local,state,or federal laws or requirements for the protection of the envirorunent. K:\Comprehensive Plan\2018 Comprehensive Plan Amendments\SEPA\S 324th Extension Realignment\Checklist.docx SEPA Environmental Checklist Page 18 of 18 2018 City of Federal Way Comprehensive Plan Amendments File#18-105898-00-SE 111 Map III - 3 "4""`" Aft Cid' Of Functional Classification of Existing X1115 ISLA " rrYMr r Federal Way r''""'• +•"""� Comprehensive Plan and Planned Streets and Highways Des Kent EXHIBIT Moro . smm PAGE-10-0 l Y Fede( 11 ` r I 1 f- ! If ''Existin Ilgnment of the South 324th Street extension/east of 1-5 1 I Tac:ane r , QA.A LeQPnd _..._. City brilda [ ? Potenbal Anriexabon Area Stride and Howays Ik r! F Interstate .I✓ PrinclPal Artenal Minor Arterial i f F ~ Principal Collector 1 /' NilAton • w Minor Collector ,•+� E4ew'Dod Transportation Element CII y OF Federal ! Way This map is intended for use �.r 'i'.r 11 �;ias a praph,�al rYprese�ntation. c c s I The Cay of Federal Way mbkes Mks rx5 warranty as to Its curacy. EXHIBIT rlIT .� is R. PAG E_V- F-4-r 1 w. 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Idadge a uparrfic.wa.us -8 chase.wakefield(c?bp.com CITY OF KENT CITY OF EDGEWOOD CITY OF LAKEWOOD ECON & COMMUNITY DEV 2224 104TH AVE E 10510 GRAVELLY LK DR SW STE 206 400 W GOWE ST STE 300 EDGEWOOD WA 98372-1513 LAKEWOOD WA 98499-5013 KENT WA 98032 (,ityhall@cityofedgewood.org cbrunel I(cucityofla kewoud,u s plsnninq _kentw gy dqrreti@cityofed_qewood.org SUE TIMM STEVE FRIDDLE CITY OF DES MOINES CITY OF MILTON CITY OF FIFE 5411 23RD E 21630 11TH AVE S 1000 LAUREL ST DES MOINES WA 98198 MILTON WA 98354 FIFE WAD SE T diathrop(c�desmoineswa.goV stimm okityofmilton,net FIFE 424 hbort cit ofmiiton.net JAMES IRISH KENT HALE MIKE BULZOMI SOUND TRANSIT SOUND TRANSIT SOUND TRANSIT l�irries.irish(cr7soundtransit.orq ken(,haleCa sou ndtrgnsiLorg mjkf;.b�i zomi&soundtransit.org DEPT OF ARCHAEOLOGY& JENNIFER WOJCIECHOWSKI SOUTH KING FIRE & RESCUE HISTORIC PRESERVATION FWPSsr rH 31617 1 AVE S PO BOX 48343 33330 8 AVE S FEDERAL WAY WA 98003 OLYMPIA WA 98504-8343 FEDERAL WAY WA 98003 chris.cahan(a�southkingfire.org sepa&dahp.wa.gov 9woiciec )fwps.orp NE TAC NEIGHBORHOOD COUNCIL CENTURY LINK COMMUNICATIONS 747 MARKET ST RM 900 23315 66TH AVE S TACOMA WA 98402-3793 KENT WA 98032 JERRY STEELE KRISTI KYLE LAND USE SVC KCDDES COMCAST CABLE COMM 35030 SE DOUGLAS ST #210 PSE REGIONAL STRUCTURE 4020 AUBURN WAY N SNOQUALMIE, WA 98065-9266 PO BOX 97034 AUBURN WA 98002-1315 BELLEVUE WA 98009-9734 OSP ENGINEERING WA/OR/N. ID AT&T CABLE MAINTENANCE 11241 WILLOWS RD NE STE 130 REDMOND WA 98052-1009 119 "HW 1 T Tina Piety From: Margaret Clark Sent: Friday, January 04, 2019 1:19 PM To: Rick Perez; Brian Davis; Doc Hansen Subject: FW: TPR 10978 New Road Connection from S 324th Street East of 1-5 Attachments: TPR 10978 Mapping.pdf; TPE-BPPL OPL Design and Construction Standards 2018 (2).pdf From: Wakefield, Chase (SALEM LAND) [mailto:chase_wakefield bp.com] Sent: Friday, January 04, 2019 10:06 AM To: Margaret Clark Cc: Fehr, Timothy (SALEM LAND); Boyle, Keith (SALEM LAND) Subject: TPR 10978 New Road Connection from S 324th Street East of I-5 Good Morning Margaret, We have received the Comprehensive Plan Amendment to realign the extension of South 324`h Street East of 1-5.After reviewing the project, it will impact our 14" High Pressure Pipe Line that needs to be protected in that area. I have attached a map showing the approximate location of the 14" Olympic Pipe Line and our General Design and Construction Standards(GDCS). If you can meet our GDCS it will expedite the approval process. Please note: Our Third Party Request (TPR) number is in the subject line so we can readily reference the project when we are contacted. Thank you, Gtia54'Wak e f W.& Chase Wakefield (Salem Land) 3rd Party Right of Way Agent Representing: BP Olympic Pipe Line 600 Southwest 39`h Street Renton,WA 98057 Email: chase.wake fie ld(r7bpcom Lync: 360-526-3057 Office:425-981-2575 120 Margaret Clark From: Richard Pierson <EconoForester@msn.com> Sent: Friday,January 04,2019 3:48 PM To: Margaret Clark Subject: Comments, File No. 18-105898-00-SE Brian Davis, Director of Community Development, City of Federal Way (e-mail Margaret Clark cityoffederalway.com): I am aggrieved by the City of Federal Way determination of Nonsignificance (File No. 18- 105898-00-SE) the extension of proposed South 324th Street to Weyerhaeuser Way South with the elimination of the connection to 32end Avenue South for the following reasons at this point: 1-Subjecting Weyerhaeuser Way South to approximately 5,000 vehicles per day (p.14) does not recognize the traffic dispersion incorporated into the 2015 Comprehensive Plan utilizing both 32end Ave. S. (to S.320th and North) and Weyerhaeuser Way S. (via S 323rd Street). Under the proposed determination all of the increased traffic volume of 5,000 vehicles will go onto Weyerhaeuser Way South instead of being dispersed both onto Weyerhaeuser Way South and 32end Ave. South and its extension north. In addition the 2015 Comprehensive Plan did not recognized the proposed developments of DaVita and Industrial Reality Group's permit estimates to be initially 7,000 additional vehicles and 800 trucks per day. 2-Relative to the SEPA Environmental Check List item 8. b., forest land use has been practiced on the proposed street extension consistent with 1994 Concomitant Agreement requiring a "Managed Forest Buffer" around the perimeter of the property. 3- Check list item 12. b. statement that the extension of S.324th street would "not displace any existing recreational use is challenged given the depiction of a trail in the City of Federal Way's "Weyerhaeuser Headquarters Site Conditions and Considerations" document, January 2015. Richard Pierson, 3516 S. 336th St., Federal Way, WA 98001, 253-205-1951 121 January 4, 2019 Brian Davis Director of Community Development/SEPA Official City of Federal Way '33325 8th Avenue South,Federal Way, WA 98003 Re: Comments on Comprehensive Plan Amendment to Realign the Extension of South 324th Street East of I-5(Non-Project Action)File No: 18-105898-00-SE Dear Mr. Davis, We generally favor the proposed realignment of the South 324th Street extension east of Interstate 5, although we have concerns about the increased traffic that will be funneled to Weyerhaeuser Way. But city officials have told us that this proposed realignment will support DaVita's plan to create a campus with a new office building that will bring well-payingjobs to the city. This is the type of development that Save Weyerhaeuser Campus has been advocating as appropriate for the area east of Interstate 5 that includes the historic Weyerhaeuser campus. However, in reviewing the SEPA checklist for this non-project action,we have these comments: 1. The proposed road should not eliminate the forested buffer that is required around the perimeter of the CP-I property, under the terms of the 1994 concomitant zoning agreement. The CZA does not specify reduction of the buffer when a new road is constructed.The buffer should remain 50 feet on the north CP- 1 zone boundary and 100 feet along I-5, including future ramps. 2. If the Llterstate 5 off-ramps are constructed,the South 324th Street extension should be required to become the only access point for semi-trucks entering and exiting the CP-1 zoned property located north of South 336th Street(currently proposed as the Greenline Business Park). 3. Section 7,Environmental Health, should specify potential arsenic contamination in the soil.The property is within the plume zone of the now-defunct Asarco plant in Tacoma. Arsenic has been found in nearby North Lake, and the University of Washington is continuing studies to determine if arsenic is entering the lake from soil runoff. 4. Section 12,Recreational Use,should specify that the proposed street extension will eliminate portions of recreational trails in the CP-1 zone that have been used be the public for more than 40 years. 5. Section 13,Historic and Cultural Preservation,should state that the historic Weyerhaeuser headquarters building(and likely most of the landscape) are eligible for National Historic Register listing,as determined over a year ago by the state Department of Archaeology and Historic Preservation. We may have additional comments in the future as the comprehensive plan amendment works its way through the review/approval process. Respectfully submitted, Lori Sechrist President Save Weyerhaeuser Campus 122 Margaret Clark From: Richard Pierson <EconoForester@msn.com> Sent: Tuesday,January 15, 2019 2:30 PM To: Margaret Clark Subject: Comprehensive Plan Would you please send me a link to the above? Also the other item that I am concerned about relative to File No. 18-105898-00-SE is the increased safety issue related to the proposed intersection being located on a curve at the intersection with Weyerhaeuser Way South as compared to a minimal curve on the connection to Weyerhaeuser Way in the Comprehensive Plan from South 323rd Street. Please consider this as part of my public comments for the above DNS or let me know if 1 need to send in a sperate document. Richard Pierson 3516S. 336th St. Federal Way, WA 98001 123 Z_ U) Q zo EXHIBIT N ° ,, N Y N � CO O z ` � � N m N 3o c U 0 Q m W N ? j a) o ° o It ccn t0 00 O0 N -0 w W W m Y �' U) O N a O) N N W U C7 Y N C +-. .L-. 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PA.A i Legend Yi` City Limos 1. i Potential Annexation Area r E 1 Streets and Highways r� lTliefstatC rY Principal Arterial Minor Arterial ev Prine"i Collector } s �r Minor Collectorlli�}BUitt)Od t Trar*poffz? on Element (pit lif Federal WayThis mop is intended for List ,3:At as a grapfhcal represeonWt<Qn, r S The Coy of Federal Way snakes no warTanly bkl�W its accuracy. _..--`�.►�z•J ucs.ir 1.r 4n'+on-�K+�'r-.c�Tr uw.+tst.::+.a - 125 Draft Minutes of the February 20, 2019, Planning Commission Public Dearing 126 CITY OF FEDERAL WAY PLANNING COMMISSION February 20, 2019 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Wayne Carlson, Lawson Bronson, Hope Elder, Tom Medhurst,Tim O'Neil, Diana Noble-Gulliford, Dawn Meader McCausland, Dale Couture, and Eric Olsen. Commissioners absent: None. City Staff present: Community Development Director Brian Davis, Planning Manager Robert"Doc" Hansen, Principal Planner Margaret Clark, City Traffic Engineer Rick Perez, Deputy City Attorney Mark Orthmann, and Administrative Assistant E.Tina Piety. CALL TO ORDER Chair Carlson called the meeting to order at 6:30 P.M. APPROVAL OF MINUTES The February 6, 2019, minutes were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING:2018 Comprehensive Plan Amendments/3241h Road Extension City Traffic Engineer Perez delivered the staff presentation. He went over the proposal and its history. The original reason for an extension of 324`h is to improve access to and from the Cite Center. As part of the proposal, staff recommends bicycle/pedestrian access to 32"'' Brom 324" as part of'the continuation of the BPA trail. Commissioner O'Neil asked for clarification that the city will get the land from IRG. Engineer Perez stated that when they develop, the will give the city the land for the road(and thereby will not have-to pay any traffic impact fees). Commissioner O'Neil asked who will pay for the road. Engineer Perez replied that the city is working on funding. Chair Carlson opened the meeting for public testimony. Richard Pierson—He has written comments he will submit. He is opposed to the proposed extension. One reason is he feels it will have adverse effects on other aspects of the comprehensive plan. He feels the existing alignment is a way to add a ring road on the east side.He commented that to access 32'd from the proposed extension,one would have to make two left turns and a right. Left turns lead to more accidents than right turns. He is also concerned with the safety of the intersection of the proposed 324`'and Weyerhaeuser Way because it will be on a curve.It is not clear how the proposed road will bisect East Campus. Planning Commission Minutes 127 February 20,2019 Suzanne Vargo—She spoke in opposition of the proposal. She noted that the retention pond that was put into place in the 70s will be removed and a large retention pond put on North Lake. She does not think this is a good idea for the hydrology and environmental sensitivity of the area. We need to leave something for the future. She also noted that the Olympic pipeline would have to be moved and is concerned about the safety(mentioned the pipeline accident that had happened in Whatcom County). An accident could be catastrophic for our area as these are the headwaters of the Hylebos. Public testimony was closed. Commissioner O'Neil is concerned over the amount of road building that would be necessary for this project. Can DaVita work with the city to leave the plan as it is?Engineer Perez commented that they presently lease a building to the west and want only a parking lot between the buildings. The city was unable to come up with an alignment that would allow this. In the current plan,the road would go right through their proposed building. Commissioner O'Neil asked if the city will plan for a round-about at Weyerhaeuser Way and 324'h. Engineer Perez stated the city will consider it.It would help address the concern with left turns. He went on to say the city will be looking for some of the funding to come from the state. It will be a multi-phase project with a cost likely of over'/4 billon. He expects it will be six to ten years for the first phase. Commissioner O'Neil asked if the city will be moving the retention pond as stated. Engineer Perez stated the city has no plans to move the retention pond. Commissioner Medhurst commented that he feels the proposal will lead to a redundant road to accommodate a developer; a road that from a traffic standpoint we don't need. Engineer Perez commented that since staff hasn't completed an analysis for 324"',we don't know if the original plan would be sufficient to accommodate the proposed traffic. Commissioner Meader McCausland asked for clarification of the timing of this proposal. Why is the proposed extension needed right now?Engineer Perez stated that DaVita has submitted their land use plans to the city and will be unable to develop according to their plans unless the proposed extension realignment is granted. They will abandon the project,and likely the city has a whole, if the realignment is not'approved.The actual construction of the road likely won't happen for another ten years. Chair Carlson asked staff to show where the Olympic pipeline runs through the city. Engineer Perez commented that the city will have to deal with the pipeline whether this proposal is accepted or not. Commissioner Bronson sug(,csted the Commission table until this fall until we know more about what will happen at the crossing where 324'h crosses I-5. Deputy City Attorney Orthmann explained that since this is a public hearing, the commission must take action as outlined in the staff report(adopt,not adopt, no recommendation, or adopt as modified). Timing is critical for the DaVita project. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment not be adopted. Discussion was held of how denial of the proposed amendment will affect the DaVita project. The city doesn't have a firm timeline, but knows DaVita wants to break ground as soon as possible. Community Development Director Davis commented that DaVita may choose not to relocate to Federal Way if the realignment is denied. DaVita wants to consolidate their operations and their current proposed project is the best way for them to do that. The project is not feasible with the current road plan. He stated the proposed realignment is about connectivity and the road will remain in the comprehensive plan whether as currently proposed or realigned. The road will be needed because there is not enough capacity on 320'h to handle the future traffic. Chair Carlson commented that he supports the proposal. He appreciates that the city is considering a bicycle/pedestrian route. In addition, he feels employment opportunities should be considered. Commissioner O'Neil commented that he has Planning Commission Minutes 128 February 20,2019 walked in the area and feels there is no"good"answer, but considering it could bring in jobs, supports the proposal. Commissioner Bronson feels there much is going on in the area that are not certain and feels there hasn't been enough study of the impacts. A roll-call vote was held(Carlson, no; Medhurst, no; Bronson,yes; Elder, no;Noble-Gulliford, no; Meader McCausland, no; O'Neil,no) and the motion failed. Commissioner Bronson moved and Commissioner Elder seconded to recommend that the proposed amendment be adopted. There was no further discussion. The vote was held and the motion carried (unanimous). The public hearing was closed. PUBLIC HEARING: 2018 Comprehensive Plan Amendments/Milton Road Area Legislative Rezone Planning Manager Hansen delivered the staff report. He went over the history of the proposal. He also explained the SEPA process, significance, and the differences between project and non-project actions. The city received 37 comments in opposition to the proposal and two in favor. Manager Hansen gave a summary of the cornments. He noted they deal with project issues as opposed to the non project proposal. Project issues will be considered when a project is applied for. He noted the only change proposed is the change to the zone(apartments are not allowed in the proposed zone). Chair Carlson opened the hearing for public testimony. Suzanne Vargo—She is speaking for the animals and trees/vegetation. The typography is Vashon Till (sandy loom). She asks that the city perform an EIS for the entire area. She noted the restoration of the Ellingson wetland has not been fulfilled and it has been two years. The city sounds like they expect nothing to happen once the rezone takes effect. People will build more houses once the rezone is in effect. She is concerned for the pipeline, the aquifer, and typography. She requests the city have a hydrological critical areas assessment done. Roger VonDoenhoff—He is against the proposal. It will lead to traffic, crime, and detrimental environmental impacts. The city says this is a non-project action, and therefore project issues don't matter, but the intent is to allow projects to happen. Yes,there are regulations, but the intent is to make developments work. This is the appropriate time for us to express our concerns. The city needs to consider all the impacts and how to mitigate them. He asks that the city consider RS 15 zoning and that the road through his property be deleted. Mark Spaur—He gave the Assistant Piety a copy of his PowerPoint presentation to be included with the minutes. He disagrees with what Manager Hansen said that project issues should not be considered as part of a non-project action. Future development needs to be considered. The 1995 EIS didn't consider this area because it was not a part of Federal Way at that time. He went over a number of regulations he feels the city did not address adequately. A number of projects have been done in this area and the city should do a comprehensive EIS that considers all the changes. He asks the city take into account regulations for low impact development. Rick Beard—One of the original applicants for the proposed rezone. The Puget Sound area is in the midst of a housing crisis. In order to keep people from homelessness, we need houses. Building more homes will help everyone. Lesley Roth—She lives in Brittany Lane. She is concerned with the environment and pipeline. She suggested an updated EIS be done to consider all factors. She is not against growth, but it needs to be done in a measured and understood way. Pam Otteson—She lives within the rezone area. She is in favor of the proposal. When you drive down 19`x' Way South you_witl discover it ends in a barrier, like it should have gone farther. There are 19 driveways on it and the road is wide with adequate sight distance for each driveway. There are 12 driveways on Milton Road, but the road is not very wide and the driveways all have inadequate sight distance. If the area is developed, Milton Road would be widened and there will be sidewalks. Planning Commission Minutes 129 February 20,2019 Yuri Zaharchuk—He is opposed to the proposal. A lot of older people and kids walk and ride their bikes on 19`x' Way South. He is concerned for their safety, They have a lot of problems with crime. Robert Coleman—He agrees with the idea of removing the proposed minor collector from the comprehensive plan. It will become a major through thru if it is built. There is a major school bus stop in the area. There is a sign stating compression brakes may not be used, meaning truck traffic is allowed. Mary Perron—She lives near Wild Waves and sees a lot of crime. People park on the outskirts of the park and ignore the no parking signs. She doesn't feel safe. They hang out in the cars and drive too fast, Darrin Beam—Punching through the road will lead to more traffic, They have a fantastic neighborhood that would be destroyed. There is a lot of drug activity in the area. Punching the road through will lead to more homelessness in the area. Arnie Ellingson—One of the original applicants. He has four properties in the area. He has been trying for five years to rezone. He wants to retire. Most of the people testifying have houses already. They want his trees to stay to protect them from the noise.The city has an ordinance stating that a certain number of trees must stay if the property is development. He wants to be able to develop his land. Edith Neether—She is one of the original applicants. She has lived in the area since 1968. She went over the history of the area and noted she has a right to develop her property. She feels her area is neglected. The road is dirty and traffic is very bad. She and her husband want to move. Alex Costin—Regency Woods and Brittany Lane are one of the best kept secrets in Federal Way. It is shielded from the noise of I-5 by the trees in the proposed rezone area. If the trees go,the noise will become unbearable. He is also very concerned about the crime in the area. He feels he is forced to keep loaded guns in his house due to the crime in the area.The city needs to consider the long-term impacts. Many people have already moved out of the area because of crime and traffic, and the rezone will only increase the problems. Sherri Stanton—She lives in Regency Woods. She opposes the rezone. She suspects the rezone will have a negative impact on her neighborhood. Families in the neighborhood want a safe place to raise their kids.They want to feel the city supports them.And they want a clean environment. Roger Swenson—He lives next to Wild Waves. He has seen a lot of wildlife in his yard(including cougars and bears). When they redid Milton Road not long ago,they made his driveway steeper. More work on the road will make it even steeper.This makes it hard for him and his wife to get out of the driveway, He sees people doing drugs and has had people attempt to steal his vehicles. Growth happens, but he is concerned with the crime it is bringing. The public testimony was closed. Commissioner O'Neil agrees that if the area is rezoned, people will soon begin to develop the area. He is concerned with the infrastructure. We need to be sure we have the infrastructure to support the development. Specifically, he is concerned if the city will be able to support the traffic and if the schools will be able to support the influx of students. In addition,he has heard that Lloyds plans to redevelop with multi-family, which while not in Federal Way, will send more traffic through Federal Way. Planning Commission Minutes 130 February 20,2019 Commissioner Noble-Gulliford asked how citizens would apply to remove the proposed road from the comprehensive plan. Engineer Perez explained the procedure. She then asked if a cluster development be allowed. Manager Hansen responded that currently cluster development is a demonstration project in the code. Per the current code,there would not be a change of density with a cluster development. There would have to be a code amendment to allow a cluster development in this area. Discussion was held about how many houses might be developed in the proposed rezone area. Staff feels when taking constraints into consideration,up to 144 houses could be developed in the area. Commissioner Medhurst doesn't understand why the city is pursuing a rezone of this area when the owner(Mr. VonDoenhoff) of 20 percent of the land opposes the rezone. Manager Hansen commented that the city is considering the long range impacts. It takes into consideration the comprehensive plan policy of infill development. The city's analysis shows that an area zoned compatible with adjacent areas is "protected" and will create an area in which the density is not increased. He also noted that changing the zoning doesn't require the property to make changes. Discussion was held in regards to the proposed 376'x' street. Engineer Perez noted that one of the concern of the city is connectivity, which is why 376"' is shown extended. Engineer Perez has heard that Lloyd's is interested in developing warehouses. If this happens, Federal Way would be opposed to any plans that would send trucks to the north. The city would expect developers to improve roads to allow trucks to travel south. Commissioner Meader McCausland asked if there are any planned improvements to Milton Road. Engineer Perez commented that is in the comprehensive plan to be widened to two lanes, but this is not a high priority, so is many years away. There are many competing priorities. Commissioner Meader McCausland would like to see an additional environmental study in this area. Commissioner O'Neil asked if the school district has any say in the proposed rezone. Manager Hansen replied that the city notified the school district of the proposal and they had no comment. Attorney Orthmann commented that school impact fees will help with any impacts. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment be adopted as proposed. There was no additional discussion. The vote was held and the motion carried(six yes and one no). The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting adjourned at 9:30 P.M. KAPIanning Commission\2019Uvleeting SuminaryWeeting Summary 02-20-19.doc Planning Commission Minutes 131 February 20,2019 This page left blank intentionally. 132 COUNCIL MEETING DATE: March 19, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 Planning Commission Work Program POLICY QUESTION: Should the City Council adopt the 2019 Planning Commission Work Program as outlined in the staff report? COMMITTEE: Land Use&Transportation Committee MEETING DATE: X'Iarch 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret H. Clark, Principal Planner KW"° ' DEPT: Community Development Attachment: Staff Report Options Considered: 1) Adopt the Mayor's recommendation as contained in the staff report; 2) Adopt the Mayor's recommendation as modified by the LUTC; or 3)Do not adopt the Mayor's recommendation. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the 2019 Planning Commission Work Program as outlined in the staff report. MAYOR APPROVAL: DIRECTOR APPROVAL: j C nrnittc C' utetl nitial/Date 1 cilia i'L}ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the Alar'ch 19, 2019, City Council Meeting for approval. Mark Koppang,Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2019 Planning Commission Work Program as recommended by the Mayor." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# K:\2019 Planning Commission Work Program\LUTC\Agenda Bill-Tina.dol 3 3 city or Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor Brian Davis, Community Developmeg Director �'�' FROM: Robert Hansen,Planning Manager Margaret Clark,Principal Planner pA& SUBJECT: 2019 Planning Commission Work Program A. FINANCIAL IMPACTS The proposed code amendments and comprehensive plan amendments will have no financial impacts on the city budget. Completion of the amendments is contingent on staffing resources. B. BACKGROUND The Planning Commission's Work Program is approved every year by the City Council.This staff report summarizes: • Housekeeping Items Planned for Completion in 2019 Non-Housekeeping Items Planned for Completion in 2019 • Items Completed in 2018 • 2018 Comprehensive Plan Amendments ■ 2019 Comprehensive Plan Amendments C. HOUSEKEEPING ITEMS PLANNED FOR COMPLETION IN 2019 The following list of items include actions to be considered, but do not necessarily include all "housekeeping" items that may come before the Council. Item Status Existing code requires the city to issue a threshold determination pursuant to the State In Environmental Policy Act(SEPA)within 30 days of issuance of a Letter of Completion,with Process the option for a 30-day extension. This is not a requirement of cities planning under the Growth Management Act(GMA)and it is very difficult to meet the timelines. The purpose of a substantial development permit is to provide an approval process for any In development with a total cost or fair market value exceeding a certain dollar amount,which Process is recalculated every five years by the State©fee ofFinanclul Management(OFM). Tile existing substantial development dollar threshold in the code is $5,718,but it has been 134 Land Use and Transportation Committee 2019 Planning Commission Work Program Page 2 of 4 March 4,2019 Item Status increased to$7,047. The code needs to be amended to reflect the new dollar amount. The code does not differentiate between tracts created for public purposes,such as open In space or storm drainage retention tracts, and lots. The code needs to be amended in order to Process clarify that such public purpose tracts should not be counted as lots. There is no language in the code to require notification of adjacent property owners within In 300 feet of a short subdivision. Short plats were increased from five to nine lots in 2007, Process which increase could impact properties in the immediate vicinity.A related amendment would require applicants to post the site.Existing language requires the city to post the site. The current code requires two separate notices for an administrative variance. Only one is In necessary. Process Under current code, the director may permit a recreational vehicle(RV)to be used as a In temporary dwelling on a single-family residential lot where the primary dwelling unit is Process unsafe to occupy. This contradicts the Revised Code of Washington (RCW)35A.21.312 which prohibits jurisdictions from allowing RVs to be used as primary residential units unless a toilet and bath is available within the RV. The code needs to be amended to clarify that split zoning is not permitted as a result of a land In division, creation of a tract,or land use action,etc. Process In the Suburban Estates(SE)zone,stables require Process II review and raising animals In require Process I review. Raising animals should be permitted outright. Process Setbacks for schools are 50 feet for 50 or more students and 20 feet for less than 50 students In when abutting single-family zones. This language was adopted prior to the widespread use of Process portables and should be amended to require lesser setbacks than 50 feet. Funeral homes are allowed under a Process 11 and"maybe"a Process III in the use zone In charts.Language should be added to clarify that Process III is to be used when environmental Process review(SEPA)is triggered. Commercial day cares for 12 or fewer children require Process III and forl3-50 children In Process IV. There is no mention of family day cares,which normally are 12 or fewer Process attendees. The use zone charts need to clarify that family day cares are allowed outright if they meet certain criteria. The code should be amended to prohibit urban agriculture in the City-Center Core (C-CC), In City-Center Frame(C-CF), Office Park(OP),or Commercial Enterprise(CE),as that use is Process not complementary to those zones. D. NON-HOUSEKEEPING ITEMS PLANNED FOR COMPLETION IN 2019 Item Status Periodic Review of Shoreline Master Plan (SMP)to be completed by In Process. June 30,2019. Draft Gap Analysis completed.Open House January 30a' KA2019 Planning Commission Work Program\LUTC\022119 LUTC Mmindum-Tina.docx Land Use and Transportation Committee 2019 Planning Commission Work Program Page 3 of 4 March 4,2019 Item Status Per the RCW,final plats can be approved administratively if the Not Started jurisdiction chooses this method. Amend the language of the sign code to make it content neutral in In Process response to Reed v. Town of Gilbert, a United States Supreme Court Case. Based on this case, a jurisdiction may only regulate what types of signs are allowed,where they may be placed,and what size they can be. The critical areas code was updated in 2015 when the state changed its In Process(part of the SMP requirements for critical areas ordinances.The code needs to be amended Update) to comply with changes made by the Department of Ecology(DOE)since that time. Continue research and amendments to the code addressing housing In Process demand and provision of compatible and affordable housing development. Begin development of sub-area plans for the Sound Transit stations Not Started planned for Federal Way. These sub-area plans could include a Transit Oriented Development(TOD) element. E. ITEMS COMPLETED IN 2018 • 2017 Comprehensive Plan Update. • Amendment regarding review process for docket items to be considered over one year. An amendment was made to notify the Department of Commerce of proposed comprehensive plan amendments as soon as the Council directs staff to further review them,not after Planning Commission action. a Amendment to allow commercial wineries, distilleries, and breweries in the city. • Amendment to establish an historic preservation program and to request certification as a "Certified Local Government." • Amendment to permit"small cells"in the right-of-way. • Adoption of design standards for self-storage facilities. • Adoption of an ordinance relating to Floodplain Development and Permitting Processes. F. 2018 COMPREHENSIVE PLAN AMENDMENTS • A legislative action initiated by the City Council for a comprehensive plan amendment and rezone of 26 parcels (56.06 acres) in the Milton Road area east of I-5 from Single Family Medium Density Residential(RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential(either to RS 7.2, one unit per 7,200 square feet or RS 5.0, one unit per 5,000 square feet). • A request from the City of Federal Way Public Works Department to allow for t11e realignment of the future extension of South 324th Street further south to connect with Weyerhaeuser Way South. KA2019 Planning Commission Work Program\LUTC\022119 LUTC Memorandum-Tina.docx 136 Land Use and Transportation Committee 2019 Planning Commission Work Program Page 4 of 4 March 4,2019 The 2015 comprehensive plan shows the existing future alignment of the South 324`h Street extension as extending over I-5 east to 32"'Avenue South. G. TIMELINE FOR THE 2018 COMPREHENSIVE PLAN AMENDMENTS • Planning Commission Study Session—February 6, 2019 • Planning Commission Public Hearing—February 20, 2019 • Land Use&Transportation Committee Public Meeting—March 4,2019 • City Council Public Meeting with I"Reading of Ordinance March 19,2019 • City Council Public Meeting with 2"d Reading of Ordinance—April 2, 2019 H. 2019 COMPREHENSIVE PLAN AMENDMENTS • Site-specific request from ESM to amend the conditions of comprehensive plan approval to remove the requirements for a Master Plan for Federal Way Village/Kitts Corner, 19 acres of vacant land located south of South 336 ' Street and west of Pacific Highway South. • Site-specific request from the Hynes group for a comprehensive plan amendment and rezone to change the designation of Belmor Mobile Home Park from Multi-Family(RM 3600)to City- Center Core(C-CC). Belmor Mobile Home Park is located south of The Commons on approximately 63 acres. As of April 1, 2018,there were 260 homes in the park. KA2019 Planning Commission Work Program\LUTC\022119 LUTC Memorandum r -Tina.docx This page left blank intentionally. 138 COUNCIL MEETING DATE: March 19, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:Relating to the 2018 amendments to the Federal Way Comprehensive Plan,Comprehensive Plan Map,and Zoning Map for the Milton Road Area Legislative Comprehensive Plan Amendment and Rezone. POLICY QUESTION: Should the City approve the legislative comprehensive plan amendment and rezoning of 56.06 acres located north of south 376th Street,east of Interstate 5 from Single Family Medium Density(RS 35.0,one unit per 35,000 square feet)to Single Family High Density(RS 7.2,one unit per 7,200 square feet)? COMMITTEE: Land Use/Transportation Committee(LUTC) MEETING DATE: March 4,2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Principal Planner,Margaret Clark DEPT: Community Development Attachments: 1) Draft Adoption Ordinance with Exhibit A; 2) February 9, 2019, Staff Report to the Planning Commission with Exhibits A-S; 3) Draft Minutes of the Februpry 20, 2019, Planning Commission Public Hearing; 4) Additional public comment received. 5)&Ata r few--A& g 2-b,2o19 Background: The Planning Commission conducted a public hearing on February 20, 2019, at the close of which they recommended to the City Council approval of the Mayor's recommendation on the city-initiated legislative comprehensive plan amendment and rezone of 56.06 acres located north of south 376th Street, east of Interstate 5 from Single Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single Family High Density (RS 7.2, one unit per 7,200 square feet) Options Considered: 1) Adopt the Mayor's recommendation as contained in the draft adoption ordinance; 2) Adopt the Mayor's recommendation as modified by the LUTC; 3) Do not adopt the Mayor's recommendation; or 4) Refer the amendments back to the Planning Commission for further,proceedings. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the draft adoption ordinance. cry MAYOR APPROVAL: DIRECTOR APPROVAL: f 212ell/ mmittc • (' mcil InitiattDate tnitial'Datc lnit�ul:'ISate COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on March 19,2019 Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE(March 19, 2019): "1 move to forward approval of the ordinance to the April 2, 2019, Council Meetingfor enactment." SECOND READING OF ORDINANCE(April 2,2019): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 139 RESOLUTION# 41k CITY OF �� Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: February 28, 2019 TO: Federal Way City Council VIA: Jim Ferrell,Mayor FROM: Bri i6� i)ttit i . f"t�t�arltuttity Devclni?rnc3lt l)ireclor 'r'L Robcrl "1)oc- I lanscii, 111anniiig Maria ci- Margaz'ct Clark, Pr111Cipal PlailnCr i�,,'-a SUBJECT: Milton Road Area Comprehensive Plan Amendment and Legislative Rezone MEETING DATE March 4, 2019 I. FINANCIAL IMPACT The approval of the following proposed Code amendment will not cost the City any additional funds, and will require no transfer of general funds for the action. II. BACKGROUND This is a legislative action initiated by the City Council for a comprehensive plan amendment and rezone for 26 parcels (56.06 acres)in the Milton Road area east of I-5 (Exhibit A) from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential(RS 7.2, one unit per 7,200 square feet). If the proposed comprehensive plan amendment is approved, appropriate zoning changes would be made concurrently. Six owners of 13 lots (Exhibit B) in this area originally applied for a comprehensive plan amendment for their individual properties in September 2016,requesting a change from"Medium Density Single Family Residential"to "High Density Single Family Residential."They requested zoning of either RS 7.2 or RS 5.0. On July 18, 2017, at the end of the City Council public hearing for"Selection"to determine whether the requests should be considered further,the City Council gave staff direction to contact the other property owners with RS 35.0 zoning-to find out whether they would like to join in with the six requests. Staff notified the other 11 property owners in writing and gave them until September 29,2017,to respond.No one responded by the deadline. However,three of these owners indicated interest in being part of the proposal after the given deadline. A public hearing was held by the Federal Way Planning Commission on October 25, 2017, and they recommended denial of the separate proposals. At the Land Use and Transportation Committee meeting on December 4, 2017,the Committee agreed with the Planning Commission and moved the proposal to first reading by the Council. At first reading,the Council voted to table the six requests and send them back to the Planning Commission to consider a legislative amendment for the entire area presently zoned RS 35.0. This action neither approved nor denied the requests,but only required them to be considered at a public hearing by the Planning. Commission for recommendation to the Council. Milton Road Area Comprehensive Plan Amendment&LegislatlM$ ezone Page 1 of 1 III. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Council Rezones,"establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review,the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. IV. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance(DNS)pursuant to the State January 4,2019 Environmental Policy Act(SEPA)(Exhibit A) End of SEPA Comment Period January 18,2019 Planning Commission Study Session February 6,2019 End of SEPA Appeal Period February 8,2019 Public Hearing before the Planning Commission February 20,2019 LUTC Meeting March 4,2019 City Council lst Reading March19,2019 City Council 2nd Reading April 2,2019 V. PUBLIC COMMENTS RECEIVED Citizens in Opposition or Asking Questions Written comments in opposition to the comprehensive plan amendment and rezone, or asking questions, were received from 38 citizens. Table I No. Summary of Comments Names 1 Is curious about the impact on the public schools and what the city intends Genipher Owens to do to manage the increased traffic,citing the already problematic traffic from Wild Waves. 2 Extension of South 376th Street to 19th Way South will increase traffic, Travis Geving including dump trucks,which will tear up the roads.If the road is punched through,he would like to see speed bumps installed. The city will need to increase police patrol to reduce speeding. The community park will become less safe for children and there will be an increase in vandalism and drug Milton Road Area Comprehensive Plan Amendment&Legisla4klRezone Page 2 of 2 No. Summary of Comments Names use at the park. 3 Concerned about increased traffic on Milton Road between Porter Way and Brett and Pam Thomas Milton Road. Also concerned about the safety of children and the elderly walking in the area and bicyclists. 4 Concerned about the increase in crime if multi-family development occurs. Mike and Connie The rezone will make traffic worse, increase gridlock, and exhaust fumes. Czerwonka The local tot lot is where South 376th Street would be extended, so concerned about the safety of children. Also concerned about Lloyd's gravel trucks passing through the neighborhood. 5 If the area is rezoned,a new I-5 exit at South 375th Street should be part of Chris Givens the traffic mitigation. 6 Opposed to extension of South 376th Street to 19"'Way South due to safety David Blake concerns. 7 Asked for clarification on what is being proposed. Kym Moses 8 Stated that the traffic analysis assumes that 19th Way South will be extended Mark Spaur through South 376th Street to Milton Road South and this is unacceptable for several reasons. There will be an increase in traffic; there is a community park at the end of 191h Way South and speeding cars will create a safety risk for children playing in the park;the extension would have to cross the vonDoenhoff property and the road easement no longer exists;the road would also have to cross a wetland;traffic at the intersection of Milton Road is already intolerable when Wild Waves is open. 9 Made two suggested changes to the environmental checklist relating to the Mark Spaur need for additional future environmental studies related to the impacts on surface water. 10 The comprehensive plan and the amendment process should not allow"high Roger and Jayne density"everywhere; Spring Valley should remain relatively low density to vonDoenhoff protect the ecologically sensitive areas,including the Hylebos.Concerned about increased traffic and backups. Stated that the traffic analysis assumes that South 376th Street can be punched through the middle of their 20-acre parcel. However,there are a number of reasons why this is not feasible:the road through their property has been vacated;punching the road through would make the southern portion of their property unusable;the road would be within 20 feet of their house and would run through a wetland;the road would increase traffic in Brittany Lane and Regency Woods next to a children's playground and also increase traffic in front of an assisted living facility. If the area is rezoned,they would request RS 15.0 and not RS 7.2 or RS 5.0 zoning. 11 In the planning of new developments in the Milton Road area,the city must Mark Spaur mandate Low Impact Development(LID)and Green Stormwater Infrastructure(GSI)methods,such as permeable pavement for roads and driveways,bio retention ponds and roof rainwater collection and dispersion systems. 12 He does not believe that the statement in the environmental checklist,that Mark Spaur the restrictive covenants of Regency Woods Division would prohibit further division of lots,is correct. 13 Additional housing and new road infrastructure will be an additional source Sarita Breivik of pollution collecting in stormwater. The increase in stormwater pollution levels discharging to the Hylebos and Puget Sound will have a negative impact on salmon and orca populations and other wildlife residing in the area. Extension of South 376`h Street to 19th Way South will put the residents of Brittany Lane and Regency Woods at increased risk of crime, Milton Road Area Comprehensive Plan Amendment&LegislatkiAczone Page 3 of 3 No. Summary of Comments Names will increase traffic through Brittany Lane and Regency Woods,and cause a safety hazard to children playing in the park and walking to school.In addition,additional housing would put an added strain on the schools, negatively impacting children's education. 14 Objects to the punching through South 376th Street to 19th Way South Bob Coleman because it would make traffic worse in the neighborhood.Traffic from Milton Road,including Lloyd's and Port of Tacoma truck traffic and commuter and casino will speed through the neighborhood. In addition, tliere is a park at the southern terminus of South 19`h Way South,where the road would be punched through. 15 Object to construction of apartments or condos,but do not object to single Kim and Scott Moses family houses. 16 Objects to the punching through South 376th Street to 19th Way South Lily Stadnik because it would make traffic worse in the neighborhood.Traffic from Milton Road,including Lloyd's and Port of Tacoma truck traffic and commuter and casino will speed through the neighborhood.In addition, there is a community park and bus stop at the southern terminus of South 19th Way South,where the road would be punched through.In addition,the value of homes will suffer. 17 Objects to the punching through South 376th Street to 19th Way South as it Sylvia Molzahn will open up the neighborhood to more crime.In addition,roads and schools are already overcrowded.It will also cause a hazard to residents, who use the sidewalk for walking. 1.8 Increased traffic and speeds of traffic in the neighborhood would create a Monica Hirano safety hazard and detract from the character of the neighborhood. 19 Have concerns about increased exhaust from increased traffic.Also Betty Latham connecting South 376th Street and 19th Way South would increase traffic, making it unsafe for children to ride their bike,neighbors who walk for exercise,and children who play in the park. 20 Concerns about traffic impacts on the roadways and intersections adjacent Sarita Breivik to the proposed rezone area,which are already at and above capacity.The backups affect state highways and increase response time for emergency vehicles and personnel. 21 States that the schools are already overcrowded;has concerns about Kathy Walton increased traffic; and the assumption that South 376th Street would be extended to Milton Road South as there is a park there and the extension will create a safety hazard.In addition,increased traffic would detract from the character of the neighborhood and increased building will result in the cutting down of trees in the beautiful forest that helps mitigate noise pollution from 1-5. 22 Concerns about increased traffic,overcrowding of schools,and the type of Maksim Tomilov housing,whether apartments or houses,will be built 23 Rcclue is that tlic transporlation impact analysis be changed to not include Lesley Roth the connection of'South X76`' Street and 19th Way South due to increased traffic and the presence of children playing in the park.Also has a concern that representatives from the fire,police,and public schools have not commented on the impact to their services. She would like to know their plans for absorbing the growth in this area. 24 Connecting South 376th Street and 19"'Way South will destroy their way of Alex Costine life,will drastically lower house prices,will be extremely dangerous to Milton Road Area Comprehensive Plan Amendment&LegislatkiWeon, Page 4 of 4 No. Summary of Comments Names children and elderly people in the neighborhood,and turn the quiet neighborhood surrounded by beautiful trees into a smog-filled area. It will also increase traffic,including semi-trucks going to the Port of Tacoma and bring potentially dangerous people going to gamble at the casino into their neighborhood. 25 Same comments as#24 Elina Costine 26 Same comments as#24. Yuri Zaharchuk 27 Same comments as#24. Tatyana Omelchenko 28 Same comments as#24. Tatyana Lukomskaya 29 Opposes connecting South 376`h Street and 19`h Way South to build more Washington Pro houses. Roofing LC 30 Concern for wildlife that may be displaced by construction of new houses. Chris and Christina Also concerned about connecting South 370h Street and 19`h Way South Call due to increased traffic and impact to children, families,and dogs playing in the park.In addition,children need to cross the street and walk to the bus stop and increased traffic poses a safety hazard. 31 Connecting South 376`h Street and 19`h Way South will make the Daniel Zaharchuk neighborhood less safe,increase noise,increase traffic,and impact people walking with their families and kids riding their bikes. 32 Concerns about increased traffic and safety. Yonas Ocubazghi 33 Opposes the extension of 19`h Way South to Milton Road because it will Sheri Stanton have a negative impact on the livability of Brittany Lane and Regency Woods and it would cut through an identified wetland.A reasonable compromise would be to rezone the parcels but require the developer to leave a natural green buffer between the redeveloped lots and Brittany lane Ito mitigate pollution and noise. 34 States that the wetland on the Ellingson property needs to be restored; Suzanne Vargo questions whether portions of the site has Everett Gravelly Sandy Loam (EvC)soil; states that the zoning must remain low density due to the soil make up; concerned about impacts on wetlands and their buffers if single family homes are built,which are exempt from review under the State Environmental Policy Act(SEPA);concerned about removal of trees due to their buffering effect for air and noise from 1-5;requests a full study of birds and mammals in a three-mile radius of the proposed rezone area; requests that it be investigated whether this area is a key resting spot for migrating birds; concerned about the impacts on wildlife; states that this area is affected by the Tacoma Smelter Plume;concerned about the impacts of construction equipment on the aging Olympic Pipeline,which runs parallel to I-5 on the east,west of Milton Road South;the city needs to develop an emergency plan to address these issues;and concerned that the removal of trees will increase the noise impacts from jets. 35 The 1995 Environmental Impact Statement(EIS)did not analyze impacts in Mark Spaur this area as it had not yet been annexed by the city.He believes that it is time for the city to do another EIS that includes the areas annexed by the city since 1995,includes the Hylebos Watershed,includes the city's new vision for transit and development,and use the EIS process as intended to weigh the cumulative impacts of proposed development on the environment. 36 Concerns about whether the376th bridge and 19`h Way South/South 376`h Matthew and AnnDU Streets were built for heavy traffic and commercial trucks. Also concerned Do Milton Road Area Comprehensive Plan Amendment&Legislat ezone Page 5 of 5 No. Summary of Comments Names about potential future traffic impacting the Brittany Lane park and the senior living facility south of South 376`h Street. 37 States that even though a legislative comprehensive plan amendment and Mark Spaur rezone are non-project actions,guidance from the Department of Ecology is that when a non-project action involves a comprehensive plan or similar proposal governing future project development,the probable environmental impacts associated with future development need to be considered.He also states that additional stormwater analysis should be done to evaluate impacts on the Hylebos Watershed and that future development should utilize Lora Impact Development(LID)/Green Stormwater Infrastructure (GSI)methods. Ile is also requesting that the South 3760'Extension to 20`h Way South be removed from the Comprehensive Plan as part of this process. 38 They are requesting an Environmental Impact Statement be done;would Diane and Melinda like a traffic study be prepared to address the impacts of Wild Waves during Evans peak season and the impact associated with the Lloyd's gravel trucks on I-5 and Highway 99; are concerned about impacts on the senior housing to the south,and safety for children waiting for the school bus,walking,or riding bikes.Also concerned about protecting the wetlands,woods, and wildlife. Citizens in Favor of the Change Two citizens were in favor of the change(Table II).Although,no written comments were received from the original six applicants, it is assumed that they would be in favor of the change. No. Summary of Comments Names I They are in favor of the comprehensive plan amendment and rezone to RS Loren and Shannon 5.0(single family,one unit per 5,000 square feet)because there is a need Neighbors for middle class housing near to good mass transit. 2 They are in support because they believe that growth is imperative to Michael and ensure the local community stays on pace with the progressive and Genipher Owens economic growth of the larger community and believe that any inconvenience growth may cause will be far outshined by the benefits to the community.However,they are concerned that the School District did not comment on the impact such a growth will have on the already undelperforming schools. VI. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment—The city may consider,but is not limited to,the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to development of this area, regardless of zoning as the city has adopted codes in place to protect the environment. Milton Road Area Comprehensive Plan Amendment&LegislatWiezone Page 6 of 6 Aquifer Recharge Areas (Groundwater) Federal Way is dependent on groundwater as a source of drinking water. Water from rainfall, snowmelt, lakes, streams, and wetlands seeps into the ground and collects in porous areas of rock, sand,and gravel called aquifers.Aquifers hold varying amounts of groundwater that can be extracted or pumped for use. Groundwater pumped from Lakehaven Water and Sewer District wells originates from three aquifer systems that underlie the city: the Redondo-Milton Channel Aquifer,the Intermediate Aquifer System (Mirror Lake and Eastern Upland Aquifers), and the Deep Aquifer/ Wetlands The city's Critical Area Map identifies three Category II wetlands in this area, one on parcels 322104-9136 (number 11 in Table II), 322104-9036 (number 9 in Table II), and 322104-9138 (number 10 in Table II,Ellingson). One on the southern portion of parcel 322104-9063 (number 20 in Table II, vonDoenhoff), and one on parcels 322104-9001 (number 18 in Table II, Kaprosky) and 721266-1090 (number 22 in Table 11, City of Federal Way). These appear to be Category Il wetlands with 105-foot wide buffers. There also appears to be another wetland on portions of parcels 322104-9050 (number 12 in Table I, Ellingson), 322104-9126 (number 16 in Table 11, Semenyuk), and 322104-9063 (number 20 in Table II, vonDoenhoff). The city's wetland consultant has identified this wetland as a Category III wetland with a 60-foot wide buffer. Any future development within 225 feet of these wetlands will require a critical area study to be approved by the city. This must include a wetland classification and buffer determination under the city's current wetland rating system. The site is located within the Hylebos Creek Basin and Conservation Flow Control Area. Any water-related or erosion-related impacts associated with future development must be mitigated in compliance with the city-adopted 2016 KCSWM and the City of Federal Way Addendum. This requires any erosion-related impacts created during clearing and construction activities,to be addressed according to a Temporary Erosion Sedimentation Control Plan(TESL), which is a standard part of engineering review and approval. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V.1 (1)above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. There are 26 parcels,totaling approximately 56.06 acres,with 18 different property owners designated Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet) in this area.There should be no impact to surrounding land uses as to the north is the SeaTac Rest Area; Enchanted Park/Wild Waves Amusement Park is located to the northeast; a retirement home, The Meridian at Stone Creek, and vacant land is located to the south;Brittany Lane/Regency Woods, Division II is located to the east; and Milton Road South and I-5 are located to the west. Any higher density development to the north of South 376`h Street would require upgrading South 376`h Street and Milton Road South to urban road standards,including the construction of sidewalks, making for a safer walking environment. (4) The adequacy of and impact on community facilities including utilities, roads,public transportation,parks, recreation, and schools. Milton Road Area Comprehensive Plan Amendment&Legislat ezone Page 7 of 7 All public utilities, except sewer and stormwater facilities,are available to these parcels. The parcels are presently on septic, and the nearest existing sewer system facilities intended to ultimately serve this area are approximately 1,100 feet southeast of parcel 322104-9050. The parcels are accessed by Milton Road South, South 372nd Street,and South 376`h Street. If a comprehensive plan amendment and rezone from Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential and Single family(RS 7.2, one unit per 7,200 square feet) is approved, Milton Road South, currently a rural road, will have to be improved to urban standards. The easterly curve of Milton Road South in the 37200 block does not meet current standards. It would either have to be realigned or a roundabout constructed. There are a wide variety of recreational opportunities in the city. These opportunities include Dash Point State Park(a 398-acre state park on the west side of the city, operated and maintained by Washington State Parks); Celebration Park(an 84-acre city-owned community park located approximately in the middle of the city with ballfields and walking trails); Town Square Park(a four acre city-owned community park located in the City Center); and recreation trails in the Bonneville Power Administration right-of-way. There are also a number of other parks and open space areas scattered throughout the city; however,there are no existing recreational facilities east of 1-5 in this immediate vicinity, except for the Enchanted Park/Wild Waves Amusement Park, located to the northeast. City codes require provision of on-site open space, or a fee-iii-lieu of open space,when land is subdivided for single-family uses. If the parcels are developed with single-family homes in the future, impacts on schools should be mitigated by the payment of a school impact fee. The 2019 school impact fee is $7,221 per single family dwelling unit. (5) The benefit to the neighborhood, city, and region. There are 26 parcels,totaling approximately 56.06 acres,with 18 different property owners designated Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet) in this area. According to an August 23, 2017, article in the Seattle Times, for the first time ever,the median King County home price has grown more than$100,000 in just a year.The new median price was $658,000 or $103,000 more than the previous July, according to monthly data released by the Northwest Multiple Listing Service. In southwest King County,the median price for a single family house was$385,250 at that time, up 11.7 percent from the previous year. Prices have since levelled off. However, a major reason for high housing prices is the lack of supply of housing; therefore,providing more opportunities for single family housing will benefit the city and region (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. Approval of this request could result in 160 additional single-family units. Federal Way has a housing target of 8,100 new residential units over a 25 year period(2006-2031). At the time that the last capacity analysis was completed(December 2012),the city had capacity for 8,443 new residential units made up of 2,412 detached single-family homes and 6,030 multi-family units. The capacity for 4,880 of those 6,030 multi-family units was located in mixed-use development zones, and 1,151 units were located in multi- family zones.Based on this data,there appears to be a need for additional capacity for single-family homes. Milton Road Area Comprehensive Plan Amendment&Legislatkikezone Page 8 of 8 (7) The current and projected population density in the area. There are 21 single family units on approximately 56.06 acres,which results in a density of approximately 0.4 units per acre. If a request for a change in comprehensive plan and zoning designation to Single Family High Density Residential and Single Family(RS 7.2, one unit per 7,200 square feet)is granted,this would result in a density of approximately four units per acre. However, due to the presence of wetlands, and the need for future streets to meet block perimeter requirements, future density is estimated to be approximately three units per acre. Cluster development may create higher densities in some areas,but such development would result in large open spaces making it comparable with adjacent lands. (8) The effect upon other aspects of the comprehensive plan. Approval of RS 7.2 zoning will not affect other aspects of the comprehensive plan. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan—The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Changing the designation from Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential and Single-Family(RS 7.2, one unit per 7,200 square feet)does have a substantial relationship to public health, or safety in that smaller lots may result in more housing at less cost, which bears a substantial relationship to the welfare of that segment of the population that may be struggling to find affordable housing. (2) The proposed amendment is in the best interest of the residents of the city. Please see responses under Sections V(1)(5) and V(2)(1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment and rezone under consideration is consistent with the following goals of RCW Chapter 36.70A.020(2)of the Growth Management Act(GMA): "(i) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. "(ii) Reduce sprawl.Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. "(iii) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state,promote a variety of residential densities and housing types, and encourage preservation of existing housing stock." Milton Road Area Comprehensive Plan Amendment&Legislat' ezone Page 9 of 9 The proposal is also consistent with the following policies of the comprehensive plan: "LUP 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. "HP 15 As appropriate,reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. "HP 16 Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, and transfer of development rights, cluster housing, cottage housing, garden housing, duplexes, and low to moderate density housing types. VII. PLANNING COMMISSION ACTION At a public hearing on February 20, 2019,the Planning Commission heard a staff presentation presented by the Community Development staff and subsequent public comments regarding the proposal. Residents from the adjacent Regency Woods community provided testimony to deny the proposal; citing potential increase in crime,traffic, and degradation to the environment. Residents in the area of the proposed change spoke in favor. After considerable deliberation,the Planning Commission voted to move the Mayor's proposal to the City Council with recommendation for approval. The vote was six Commissioners recommending approval of the proposal with one Commissioner voting against the recommendation. VIII. CITY COUNCIL ACTION Consistent with the provisions of FWRC 19.80.240,the City Council may take the following actions regarding the proposed comprehensive plan amendment and rezone request: 1. Approve the comprehensive plan amendment as proposed; 2. Approve the amendment with further amendments; or 3. Deny the proposed comprehensive plan amendment; 4. Refer the proposal back to the planning commission for further proceedings. IX. MAYOR'S RECOMMENDATION After consideration of the staff analysis and options available for action(approval, approval with modification, or denial),the Mayor recommends that the proposed amendments as presented to the Planning Commission and the Land Use and Transportation Committee be approved. LIST OF EXHIBITS Exhibit A Vicinity Map of Milton Road Area Exhibit B Map—Original Six Applicants Milton Road Area Comprehensive Plan Amendment&LegislatlA%ezone Page 10 of 10 y N O! r+ = C C d M O O a) c C O 3 `L U C �� L Nro L Q c A l -aC O Q N 0O M'a a W MaN E O m 700 - c > ^ U a) v N as o >N "� E m LL aa) c — m o 4— y a O o m 07 U p > 0) 2o'5 m U c �V- W i O O mEm N mFn }' FML) 2 E ` Jt 20 �Z t � (J a J H m nw 4 h L7 1� r.) � 5 0 M NOOM LO _ �a O LO M x E co 0 cl S AV F41 I N i � N y N fti w SO �2 N I i �H01)iy, c CL 11 @ E 0 U s o • • ® gCi Q: N cu CL cn N cn E > ` c — .u) E U .. CL r � d U N c � v, � a� � �1 , .. o AL1 Ea zomwc� g �'Z3 0 � 4— G C Q r CV M 4 4? cD 'a li of v m O U c u LL. T d Q ap � �� MU) U U) J � y N CL P G N w � N N P O U CL N / 4 N 7 d7 VY 4 fV Q O U N U 91 y� o a 1 To i v 151 :e c� ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington, relating to amendments to the Federal Way Comprehensive Plan, amending the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map, and approving a City-initiated Comprehensive Plan amendment and legislative rezone of 56.06 acres located north of South 376th Street, east of Interstate 5, from Single-Family Medium Density (RS 35.0,one unit per 35,000 square feet)to Single-Family High Density (RS 7.2, one unit per 7,200 square feet). (Amending Ordinance Nos. 90- 43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04- 462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13- 745, 15-796, 15-798, and 18-843) WHEREAS,the Growth Management Act of 1990 as amended("Chapter 36.70A RCW"or "GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use element(including a Comprehensive Plan Map,which has also historically been referred to as a land use map),housing element,capital facilities plan element,utilities element,economic development element,transportation element(including transportation system maps), and a parks and recreation element; and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its Comprehensive Plan; and WHEREAS, the Federal Way City Council adopted its Comprehensive Plan with Comprehensive Plan Map(the"Plan")on November 21, 1995, and adopted development regulations and Zoning Map implementing the Plan on July 2, 1996; and WHEREAS,the Federal Way City Council subsequently amended the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map on:December 23, 1998,September 14,2000,November 1, 2001, March 27, 2003, July 20, 2004, June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018; and Ordinance No. 19- Page 1 of 8 152 Rev 1/17 CP WHEREAS,the City may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), Chapter 19.80 FWRC, and Chapter 19.35 FWRC; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation;however,subject to certain exceptions,the Plan may be amended no more than one time per year; and WHEREAS,the Council considered this Comprehensive Plan amendment concurrently with another Comprehensive Plan amendment, Council Bill No. both of which were evaluated cumulatively and will be acted on simultaneously and concurrently in order to comply with RCW 36.70A.130; and WHEREAS, on January 2, 2018, the City Council initiated this Comprehensive Plan amendment and legislative rezone for 56.06 acres located north of South 376th Street, east of Interstate 5, from Single-Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single-Family High Density(RS 7.2, one unit per 7,200 square feet); and WHEREAS, this ordinance includes approving changes to the Comprehensive Plan, associated maps, and zoning designation of the 56.06 acres; and WHEREAS, on November 1, 2018, the City complied with RCW 36.70A.106 when it notified the Department of Commerce of the City's intent to adopt this Comprehensive Plan amendment,which was acknowledged by the Department of Commerce on November 6,2018; and WHEREAS, on January 4, 2019, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the proposed Comprehensive Plan amendment and legislative rezone actions; and WHEREAS, the Determination of Nonsignificance was not appealed; and Ordinance No. 19- Page 2 of 8 153 Rev 1/17 CP WHEREAS,the City's Planning Commission held a public hearing on February 20,2019,at the close of which it recommended to the Council approval of amendments to the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map; and WHEREAS, the Land Use and Transportation Committee of the Federal Way City Council considered the amendments to the Comprehensive Plan,Comprehensive Plan Map,and Zoning Map on March 4, 2019, and recommended approval of the same; and WHEREAS, the City Council, through its staff, Planning Commission, and Land Use and Transportation Committee, received, discussed, and considered the testimony, written comments, and material from the public, and considered the proposed Comprehensive Plan amendment, Comprehensive Plan Map amendment, and Zoning Map(via a legislative rezone)at its regular City Council meeting on March 19, 2019; and WHEREAS, the City Council desires to approve the change to the Comprehensive Plan, associated maps, and zoning designation of the 56.06 acres located north of South 376th Street and east of Interstate 5. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The Proposed Amendment to the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map as set forth in Exhibit A, attached hereto and incorporated by this reference,to change the Comprehensive Plan and zoning designation of 56.06 acres located north of south 376th Street and east of Interstate 5, from Single-Family Medium Density(RS 35.0, one unit per 35,000 square feet) to Single-Family High Density (RS 7.2, one unit per 7,200 square feet) (the "Proposed Amendment"),is consistent with the overall vision of the Comprehensive Plan,which states that the Ordinance No. 19- Page 3 of 8 154 Rev 1/17 CP demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development will occur as in-fill development of vacant lots scattered throughout existing neighborhoods, and as subdivision development upon vacant tracts of land depending on the availability of utilities.Water is available along Milton Road South to the west and sewer will be available with extension of sewer from Brittany Lane to the east. (b) The Proposed Amendment is consistent with the following goals of the Comprehensive Plan: Housing Goal (HG) 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. Land Use Goal (LUG) 1 Create an attractive, welcoming, and functional built environment. Land Use Goal (LUG) 3 Preserve and protect Federal Way's single-family neighborhoods. (c)The Proposed Amendment is consistent with the following policies of the Comprehensive Plan: Land Use Policy(LUP) 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. Housing Policy(HP) 15 As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. Ordinance No. 19- Page 4 of 8 155 Rev 1/17 CP Housing Policy(HP)16 Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, and transfer of development rights, cluster housing, cottage housing, garden housing, duplexes, and low to moderate density housing types. (d) The Proposed Amendment is consistent with the Council vision for the City of Federal Way, and will allow development that is compatible with the surrounding land uses. (e) The Proposed Amendment will allow for growth and development consistent with the Comprehensive Plan's overall vision and with the Comprehensive Plan's land use element and household projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. (f) The Proposed Amendment will not negatively impact open space, streams, lakes, wetlands, or the physical environment. - (g) The Proposed Amendment is consistent with the GMA goals to: encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner, reduce the inappropriate conversion of undeveloped land into sprawling, low-density development, encourage the availability of affordable housing to all economic segments of the population of this state,promote a variety of residential densities and housing types,and encourage preservation of existing housing stock. (h) The Proposed Amendment is consistent with the goal of the King County Countywide Planning Policies for growth to occur in a compact, centers-focused pattern that uses land and infrastructure efficiently. Ordinance No. 19-T... 156 Page 5 of 8 Rev 1/17 CP (i) The Proposed Amendment is consistent with the Puget Sound Regional Council goal of VISION 2040 to focus growth within already urbanized areas to create walkable, compact, and transit-oriented communities that maintain unique local character. 0)The Proposed Amendment bears a substantial relationship to the public health,safety and welfare, is in the best interest of the residents of the City, and is consistent with the requirements of Chapter 36.70A RCW,VISION 2040,the Countywide Planning Policies,and the unamended portion of the Comprehensive Plan. (k) The Proposed Amendment satisfies the FWRC 19.80.110 legislative rezone criteria, is consistent with the applicable provisions of the Comprehensive Plan and the Comprehensive Plan Map proposed to be amended in Section 2 below, and bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City. (1) The Proposed Amendment has complied with the appropriate processes under state law and the FWRC. Section 2. Legislative Comprehensive Plan, Comprehensive Plan Mali, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010,2011, and 2013, 2015, and 2018, copies of which are on file with the Office of the City Clerk, Comprehensive Plan Map (and all related maps), and Zoning Map are amended and rezoned consistent with and as set forth in Exhibit A, attached hereto and incorporated by this reference. Section 3. Amendment Authoritv.The adoption of the Comprehensive Plan,Comprehensive Plan Map,and Zoning Map amendments in Section 2 above are pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and Chapters 19.35 and 19.80 FWRC. Ordinance No. 19- 157 Page 6 of 8 Rev 1/17 CP Section 4. Severability.The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence,paragraph,subdivision, section,or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance,shall not impact the validity of the remainder of the ordinance,or the validity of its application to other persons or circumstances. Section 5. Savings Clause.The 1995 City of Federal Way Comprehensive Plan,as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, and 2018 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section S. Effective;Date.This ordinance shall take effect concurrently with Council Bill No. and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20_ [Signature Page to Follow] Ordinance No. 19- Page 7 of 8 158 Rev 1/17 CP CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- 159 Page 8 of 8 Rev 1/17 CP EXHIBIT A 0s N N N N cc y a d T c � 41 j N /7 o L m � LL m 'a - p ?: d Ea) Q ? L 0 m cM N E N � f0 EL- p � rn a p L 0 o NN e' "� > (n m N LL E f2 y a � C O 0 cm m Q cn f6 C v 0 > L Q + m > C u tea' O O � - a J m auk r � � N p J\ .w m d �e z S O Z�y 00 A 0'AV HIR F A � h n d9 rs N m m°f O • Lc; M LO M . R 41 LO M = CI) x c co 0 CN N 0. m • So�NQ�7i�y c w CLE 0 • U s cr cn • 'fib t5 �s °' > a • �s /�� x Public Hearing Rezone from RS-35 to RS-7.2 at 376th and Milton Road City of Federal Way Planning Commission February 20, 2019 162 City of • SessionStudy 2018 Comprehensive Plan Amendments February r Presentation , 2019 to the ,. Commission 4z CITY OF ` Federal Way Background- Site-specific Requests The 2018 Comprehensive P a Amendments originally included: • Two City-initiated requests • The Milton Road Legislative Rezone The realignment of the South 324th Street Extension • One citizen-initiated request, which has been withdrawn P: cjnr,I VV W 163 1 History of the Milton Road Comprehensive Plan Amendmentand Rezone Six requests were received in September 2017 for comprehensive plan __ _ —.� - City of Fede w amendments All of the parcels are designated Composite Map Single Family Medium Density A Residential with RS 35.0 (one unit per 35,000 sq. ft.) zoning Site-specific Requests#1, #3, Q S s #4,  requested Single Family High Density Residentiala with RS 7.2 (one unit per 7,200 Q a sq. ft.) zoning Site-specific Requests#2  ` requested Single Family High Density Residential with RS 5.0aeaiway (one unit rtper 5,000 sq.f .) zoning 3 Procedural Summary - a , S tep Planning Commission Briefing &Selection Process 6/21/17 Planning Commission Briefing 7/10/17 LUTC Meeting on Selection Process 7/18/17 The City Council gave staff direction to contact the other property owners with Direction by RS 35.0 zoning City Council -t. a i c era Wa 164 2 i Comprehensive Amendments 26 parcels CttyofFederal Way totaling 56.06 ,a fOr ao,ropacres with 17 PIa05c.Nn-kn4iennaP.L..,. d cnanp.x different owners located between , City Initated I-5 and Brittany `r so.SpecficReques,71 Lane P ,. `�". RR. 21 existing houses N ®FM f ,A Federal Way Procedural a 9/08/17 Staff notified the other property owners by mail No Response Formal Review Process 10/06/17 SEPA Issued'(14-Day Comment & 21 Day Appeal Period) Week of Three property owners indicated an 10/8/17 interest in joining in with the requests b '9 ca 135 V,-I 165 3 s Formal Review Process (Cont.) 10/25/17 Planning Commission Public Hearing The Planning Commission supported the Mayor's recommendation for denial The Mayor stated that if all of the parcels designated RS 35.0 were to apply in the future, or if the City were to initiate a legislative rezone, the Mayor would recommend approval of a request for higher density Procedural Summary 1 r: Step r Formal.Review Process (Cont.) 12/4/17 LUTC Meeting Concurred with the Planning Commission's recommendation 1/02/18 City,Coupcil 1st Reading The Council voted to send the requests back to the Planning Commission as a legislative comprehensive plan amendment and rezone for all parcels F deral Wav 166 4 2/27/2019 Proposed Milton Road Comprehensive • Amend ment r Proposal lbensky 1 to High DensKy Residential MPM0 34 to 71 m CITY OF ^ Federal Way • of Amendment Six individual requests received for change to RS 5.0 or RS7,2 Staff recommended Denial because it constituted spot zoning * Planning Commission and LUTC agreed At first reading, proposal was sent back to Planning Commission for reconsideration and to examine a legislative rezone for the entire area. fad cal a 167 1 2/27/2019 City of Federal Way M17 4� GomwMw,.wa � Pkw Amndm.nb I I� Composite Map i Q` 4Gj We s�cik Rrquesa R&q¢�I Key t � 0*2a i Federal Way Historyof h Developed in 1972 due to nonexistence of regulation Revised in 1983 to reduce some of the requirements * Regulations developed as a result of SEPA * Comprehensive regulation developed reduces the number of activities considered "significant" or needing mitigation. Fncfc++f+.V 168 2 2/27/2019 Non-Project Actions r�< ,v * Rezone, Plan Amendment, Amendment to Code are all non-project actions * Building proposals, proposed subdivisions, proposed utility construction, road construction are all project actions * Must base its threshold determination on "information reasonably sufficient to evaluate" Fr Significance milk * Large non-project pro Subarea Plans are usually consider" ' s1'g n t * Small proposals (property isolated rezones, or minor amendment to codes, Comprehensive Plan, or other plans) are generally "non-significant" * Significance of "minor" non-project actions can become "significant" with existence of major factors (archeological evidence, past solid waste activity on site, etc,) FYdl-ql WaV 169 3 2/27/2019 2018 Comprehensive Plan Amendments 26 parcels City of Federal Way totaling 56.06 =dt, (.. -I se.spaHf A.eww. rw tomw.n.mn.rt.n•n. acres with 17 1 ��. =. =•.�noa.�,naw•cn.nw. different owners 1 located between "`', + Clty Initatad Sile Specik R"u.st Al I-5 and Brittany "ase Lane 21 existing N WHam(1958 Cur 7wry1 houses FT~eRS360 f RS35.0 r `r' >r A Federal Way M 4 4 J� 3q+ 170 4 2/27/2019 City of Federal Way • 2018 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes �t City Initated , Site Specific Request#1 ' Al ug.nd Zaing Boundary• } INI�m14 Uy rcicyemmsnt agrMenwi: A Federal Way Public Comments +M Is kmPY�s�P,k^sfiusmaMn Received 37 written comments in opposition One written comment in favor A 171 5 2/27/2019 Summary of • k Impacts on schools and other services Concerns that no comments from Police, Fire, or the School District r The community park in Brittany Lane will become less safe for children * There will be an increase in vandalism and drug use in the park A Fa Traffic Concerns xtension o 376th to 20th Way South will increase traffic and speeding through Brittany Lane and Regency Woods Concerned about traffic on Milton Rd 'between Porter Way and Milton Rd 172 6 2/27/2019 Traffic Concerns xtension a ` 376th to 20th Way South will have to cross vonDoenhoff property and the right of way has been vacated k Will also have to cross a wetland ' Itq ------------- y V O of Concerns about increase in crime , If the area is rezoned, a new I-5 exit at S 375th should be part of he mitigation Spring Valley should remain low density to protect sensitive areas Additional housing and infrastructure will increase stormwater pollution levels 173 7 2/27/2019 Summary of Comments m . * If the area is developed, the City must require the Low Impact Development (LID) and Green Stormwater Infrastructure (GSI) methods * Already have traffic problems when Wild Waves is open - Concerns about the displacement of wildlife Summary of • x Concerned about the removal of trees that act as a buffer from the noise in I-5 * Requests a study of birds and mammals in a three-mile radius I "A Fp ) / 174 8 2/27/2019 Basic Issues Expressed kA * Increased Traffic from Rezone The link will continue in Plan whether rezone occurs or not. Any retraction of the link from the Plan would require a separate amendment application with justification for its change. 5 0Issues Expressed Basic issues related ;to development of homes and apartments(increased crime, decreased amenities, development compatibility, etc.) The zone is the same as that of the neighborhood to the east; no apartments are permitted and these issues will be addressed at the time of proposal 175 9 2/27/2019 Environmental Degradation (loss of wildlife, tree buffers) Issue is addressed at time of specific proposal and existing regulations address many of these issues "nr irr ®tie fOr, PC t COASId Recommend Adoption of the Mayor's Proposal * Recommend Changes to the Mayor's Proposal and Adoption with Changes Recommend Denial of the Proposed Rezone Pass on to Council with No Recommendation F-�O,al VIJ5, 176 10 2/27/2019 Questions 177 11 All CITY OF Federal Way PLANNING COMMISSION STAFF REPORT February 9, 2019 TO: Wayne Carlson,Federal Way Planning Commission Chair FROM: Brian Davis, Community Development Director ,. Robert"Doc'Hansen, Planning Manager Margaret H. Clark,AICP,Principal Planner MA' SUBJECT: Public Hearing—2018 Comprehensive Plan Amendments,Milton Road Area Legislative Comprehensive Plan Amendment and Rezone MEETING DATE: February20,2019 I. BACKGROUND Pursuant to RCW 36.70A(2)(a),the City of Federal Way may update its comprehensive plan annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen-initiated requests on an annual basis. As part of the annual review, the city may also make changes to chapters and maps of the comprehensive plan.The governing body shall consider all proposals concurrently so that the cumulative effect of the various proposals can be ascertained. This proposal was initiated by the City Council to have the Planning Commission make a recommendation to amend the comprehensive plan and zoning for properties along Milton Road South and 376t`Street from Single Family Medium Density(RS 35.0, one unit per 35,000 square feet) to Single Family High Density(RS 7.2, one unit per 7,200 square feet).The comprehensive plan amendment and rezone would permit the same residential density as the adjacent properties to the east of the proposed amendment area. 11. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review,the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 1 of 16 178 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. III. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance(DNS)pursuant to the State January 4,2019 Environmental Policy Act(SEPA) (Exhibit A)' End of SEPA Comment Period January 18,2019 Planning Commission Study Session February 6,2019 End of SEPA Appeal Period February 8,2019 Public Hearing before the Planning Commission February 20,2019 LUTC Meeting March 4,2019 City Council 1st Reading Marchl9,2019 City Council 2nd Reading April 2,2019 IV. Milton Road Comprehensive Plan Amendment and Rezone,Files 18-105523-SE and 18-104618-UP Background This is a legislative action initiated by the City Council for a comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road area east of I-5 (Exhibit C) from Single Family Medium Density Residential(RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet). If the proposed comprehensive plan amendment is approved, appropriate zoning changes would be made concurrently. Six owners of 13 lots (Numbers 1-13 in Table I)in this area originally applied for a comprehensive plan amendment for their individual properties in September 2016,requesting a change from"Medium Density Single Family Residential"to"High Density Single Family Residential" (Exhibit D). They requested rezones of either RS 7.2 or RS 5.0. They were selected by the City Council "to be considered further"on July 18, 2017. This action neither approved nor denied the requests, but only required them to be considered at a public hearing by the Planning Commission for recommendation to the Council.The Council also directed the staff to contact adjacent property owners in the Area now being considered to determine if they wished to be added to the six original requests. Three of these owners indicated interest in being part of the proposal after the given deadline. A public hearing was held by the Federal Way Planning Commission on October 25, 2017, and they recommended denial of the separate proposals.At the Land Use and Transportation Committee meeting on December 4, 2017,the Committee agreed with the Planning Commission and moved the proposal to first readirig by the Council. At first reading,the Council voted to table the six requests and send them back to the Planning Commission to consider a legislative amendment for the entire area presently zoned RS 35.0.Please refer to Exhibit E for a detailed timeline. Refer to Exhibit B—Agencies that were sent a copy of the DNS and environmental checklist. Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 2 of 16 179 If the area is rezoned to RS 7.2,the owners would then be able to apply for subdivisions or other Allowable development activity.Any of these Actions would have to be reviewed and approved by the city. The locations of the 26 lots that are included in the legislative comprehensive plan and rezone area are shown on Exhibit F, and are described below: Table I Existing Number No. Parcel# Owner Address Location Sq.ft. Acres Land Use of Houses North of Milton Single family 1 322104-9086 Mark Johnson 1424 S 372"St Rd S/S 372°d St 19,331 0.44 dwelling I Single family 2 322104-9157 Larry Neether 47,760 1.1 dwelling 1 East of Milton Single family 3 322104-9045 Larry Neether 37222 Milton Rd S Rd S 71,002 1.63 dwelling 1 North of Milton Single family 4 322104-9002 Pam Otteson Rd S/S 372°d 145,490 3.34 dwelling 1 St,west of Milton Rd S, 5 322104-9076 Pam Otteson 1408 S 372"St and south of I-5 36,533 1 0.84 Vacant 0 Single family 6 322104-9114 Rick Beard 1331 S 372"d St 87,120 2 dwelling I - Single family 7 322104-9053 Rick Beard 1311 S 372"d St 77,972 1.79 dwelling I South of Milton Single family 8 322104-9129 Rick Beard 1321 S 372"St Rd S/S 372nd St 31,785 0.73 dwelling 1 East of Milton Rd S and north Single family 9 322104-9036 Arnold Ellingson 1110 S 376b St of S 376"St 167270 3.83 dwelling 1 10 322104-9138 Arnold Ellingson N/A 98,881 2.27 Vacant 0 Single family 11 322104-9136 Arnold Ellingson 1224 S 376°St North of S 376`s 108,900 2.5 dwelling 1 12 322104-9050 Arnold Ellingson N/A St 207,781 4.77 Vacant 0 South of Milton Single family 13 322104-9064 Visnou Dararak 1423 S 372nd St Rd S 104,544 2.4 dwell!R& 1 North of Milton Rd S/S 372°d Joe&Mary St,and east of Single family 14 1 322104-9003 Greene 1312 S 372"St 1-5 92,347 2.12 dwelling North of Milton Rd S/S 372nd St,and east of 15 322104-9048 Joe Greene N/A 1-5 1350 0.03 Vacant 0 South of S Single family 16 322104-9126 Nick Semenyuk 1411 S 372°d St 372"d St 104,108 2.39- dwellin& I South of S 369 St and east of Single family 17 322104-9111 Lue Swenson 36924 Milton Rd S Milton Rd S 16,875 0.39 dwelling 1 East of Milton Single family 18 322104-9001 JKaX Kaprosy 37128 Milton Rd S Rd S 133,729 3.07 1 dwelling 1 Loren and Shannon Southeast of S Single family 19 322104-9011 Neighbors 1515 S 372"St 372°d St 217,800 5 dwelling 1 South of S 376b Single family 20 1 322104-9063 Jayne vonDoenhoff 1414 S 376'"St St 440,661 10.12 dwelling I Michael&Connie South of S 3691e Single family 21 721266-1040 Czerwonka 1605 S 369"St St 28;507 0.65 dwelling I South of S 369 Detention 22 721266-1090 City N/A St 54,561 1.25 Pond 0 Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 3 of 16 180 Existing Number No. Parcel# Owner Address Location S .ft. Acres Land Use of Houses West of 17 Single family 23 721266-1050 William Germann 37123 17'h Ave S Ave S 42,395 0.97 dwelling 1 Nguyen&Diem West of 17'h Single family 24 1 721266-1060 N oc 37321 17'h Ave S Ave S 35,000 0.8 dwelling 1 Igor&Liliya West of 17ih Single family 25 721266-1070 Stadnik 37323 17'h Ave S Ave S 35,000 0.8 dwelling i Curtis&Christina North of S 376h Single family 26 721266-1080 Call 1610 S 376"St St 35,500 0:81 dwelling 1 Totals 2,442,202 56.06 21 Parcels 21 through 26 are located within Brittany Lane(Regency Woods Division No.2)and are already developed with single family homes. Surrounding Zoning and Land Use (Exhibit G—Aerial Map) Zoning Existing Land Use North Unzoned and OP-4 Weigh Station and Rest area,Wild Waves Theme Park South Unknown Retirement home in Milton East RS 7.2 Single family dwellings in Brittany Lane (one unit per 7,200 square feet) West Milton Road South and I-5 RS 35.0 and unzoned Availability of Utilities Sanitary Sewer: Parcels 1-20 are presently on septic.Parcels 21-26 are served by the Lakehaven Water and Sewer District,which provides sewer service in this area.The nearest existing sewer system facilities intended to ultimately serve this area are approximately 1,100 feet southeast of parcel 322104-9050 (number. 12 on Table I,and Exhibit H).Sewer service connections would only be available if sewer system facilities were extended to this area. Regardless of the outcome of this request,future development of the parcel will require Lakehaven Certificates of Availability,Developer Extension Agreement(s), and water service connections. Public Water: Lakehaven Water and Sewer District provides service in this area.There are existing water system facilities along Milton Road South(Exhibit H). Regardless of the outcome of this request,future development of the parcels will require Lakehaven Certificates of Availability,Developer Extension Agreement(s),and water service connections. Solid Waste: Solid waste is provided by Waste Management Availability of Public Services Police: Police protection is provided by and will continue to be provided by the City of Federal Way Police Department,should increase development occur.The Police Department has indicated that if the area is rezoned to a higher density, there will be a need for one additional officer. Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 4 of 16 181 Fire/Emergency/ These services are provided by South King Fire and Rescue. Development in Medical: this area will increase demand for fire protection services. South King Fire and Rescue's strategic plans address this need,and increased revenue from property taxes is expected to fund these services. Schools: This parcel is located within the boundaries of the Federal Way School District,who had no comment since this is a non-project action. Topography The area has a flat to rolling terrain. The steepest slope on the site is approximately 42 percent located on the western portion of parcel 322104-9036 (number 9 on Table I), between Milton Road and the on-site wetland. Critical Areas The city's Critical Area Map (Exhibit F) identifies three Category II wetlands in this area, one on parcels 322104-9136 (number 11 in Table II), 322104-9036 (number 9 in Table II), and 322104- 9138 (number 10 in Table H, Ellingson). One on the southern portion of parcel 322104-9063 (number 20 in Table II, vonDoenhoff),and one on parcels 322104-9001 (number 18 in Table U, Kaprosky) and 721266-1090 (number 22 in Table 11, City of Federal Way).These appear to be Category 11 wetlands with 105-foot wide buffers.There also appears to be another wetland on portions of parcels 322104-9050 (number 12 in Table I, Ellingson), 322104-9126 (number 16 in Table I,,Semenyuk), and 322104-9063 (number 20 in Table II, vonDoenhoff).The city's wetland consultant has identified this wetland as a Category III wetland with a 60-foot wide buffer. Drainage These parcels are located within the Hylebos Creek Basin and Conservation Flow Control Area. The city does not have a stormwater system in the area, only roadside ditches that connect to existing wetlands and drain into other low areas. Any water-related impacts associated with future development must be mitigated in compliance with the city-adopted 2016 King County Surface Water Manual(KC SWM) and the City of Federal Way Addendum to the Manual. Access Milton Road South runs north to south and serves the majority of the parcels. South 3761'Street runs east west and serves five parcels(Exhibit Q. Potential Traffic Impacts This is a non-project action associated with changing the comprehensive plan designation and zoning from Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential and Single family(RS 7.2, one unit per 7,200 square feet). This non-project action by itself does not affect traffic. Any proposals that may result from a decision on the legislative rezone and comprehensive plan amendments will be subject to future review for compliance with all codes. Specifically,any future development,regardless of zoning,would be required to construct street improvements consistent with the planned roadway cross-sections as shown in Map III-4(Cross Section Application by Street, Exhibit I) and Table III-10(Capital Improvement Program[CIP]—2016-2040) of Chapter 3 of the Federal Way Comprehensive Plan (FWCP), except single family development may apply to the Public Works Director to modify,defer, or waive the required improvements. Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 5 of 16 182 New streets or street connections are only required to be constructed if the adjacent property develops. A Transportation Impact Analysis (TIA) was conducted to determine the required street improvements. The applicant would be expected to construct improvements on the following streets to the city's planned roadway cross-sections: ■ Milton Road South is a Principal Collector planned as a Type "P" street.However,the proposed zone change would change that to a Type "O" street (Exhibit J), consisting of a 34-foot street with curb and gutter, 6-foot planter strips with street trees, 8-foot sidewalks, and street lights in a 68-foot right-of-way. Assuming a symmetrical cross section, 4 feet of right-of-way dedication and half street improvements are required on each side developed, as measured from the street centerline OR far side edge of travel way.Depending on the location of any local access streets, left-tum lanes may be required at site access points, adding 12 feet to the roadway cross-section.The easterly curve in the 37200 block does not meet current standards and should be realigned. Another alternative would be to construct a site access intersection at this location, controlled by a roundabout. ■ South 376`h Street is a Minor Collector planned as a Type"S" street (Exhibit K), consisting of a 36-foot street with curb and gutter, 4-foot planter strips with street trees, 5-foot sidewalks, and street lights in a 60-foot right-of-way. Assuming a symmetrical cross section,no right-of-way dedication will be necessary,but half street improvements are required as measured from the street centerline OR far side edge of travel way. ■ Internal street(s) shall be Type"S" (Exhibit K), "U" (Exhibit L), or"W" (Exhibit M)local streets, consisting of a 36-, 32-, or 28-foot street,respectively, with curb and gutter, 4-foot planter strips with street trees, 5-foot sidewalks and street lights in a 60-, 56-, or 52-foot right-of-way, respectively, depending on the number of lots served. Future development shall meet block perimeter requirements of 1,320 feet for non-motorized access, and 2,640 feet for streets V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment—The city may consider,but is not limited to,the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to development of this area, regardless of zoning as the city has adopted codes in place to protect the environment. Aquifer Recharge Areas (Groundwater) Federal Way is dependent on groundwater as a source of drinking water. Water from rainfall, snowmelt,lakes, streams, and wetlands seeps into the ground and collects in porous areas of rock, sand, and gravel called aquifers. Aquifers hold varying amounts of groundwater that can be extracted or pumped for use. Groundwater pumped from Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 6 of 16 183 Lakehaven Water and Sewer District wells originates from three aquifer systems that underlie the city: the Redondo-Milton Channel Aquifer,the Intermediate Aquifer System (Mirror Lake and Eastern Upland Aquifers), and the Deep Aquifer(Map IX-1,Exhibit 1V) The locations of wellhead capture zones in relationship to the aquifer systems-are shown on Map 1X-2 (Exhibit O).There are no Wellhead Protection Zones in this area, so there should be no impact on Lakehaven's wells. Map IX-3 (Exhibit P)shows Areas Susceptible to Groundwater Contamination associated with development.This map shows that the majority of the city, including this area,has a medium susceptibility to groundwater contamination. Wetlands The city's Critical Area Map (Exhibit F) identifies three Category II wetlands in this area, one on parcels 322104-9136 (number 11 in Table H), 322104-9036 (number 9 in Table Il), and 322104-9138 (number 10 in Table 11, Ellingson). One on the southern portion of parcel 322104-9063 (number 20 in Table 11, vonDoenhoff), and one on parcels 322104- 9001 (number 18 in Table II, Kaprosky) and 721266-1090 (number 22 in Table H, City of Federal Way). These appear to'be Category II wetlands with 105-foot wide buffers. There also appears to be another wetland on portions of parcels 322104-9050 (number 12 in Table I,Ellingson), 322104-9126 (number 16 in Table H, Semenyuk), and 322104-9063 (number 20 in Table II, vonDoenhoff). The city's wetland consultant has identified this wetland as a Category III wetland with a 60-foot wide buffer. Any future development within 225 feet of these wetlands will require a critical area study to be approved by the city. This must include a wetland classification and buffer determination under the city's current wetland rating system. The site is located within the Hylebos Creek Basin and Conservation Flow Control Area. Any water-related or erosion-related impacts associated with future development must be mitigated in compliance with the city-adopted 2016 KCSWM and the City of Federal Way Addendum. This requires any erosion-related impacts created during clearing and construction activities, to be addressed according to a Temporary Erosion Sedimentation Control Plan(TESL), which is a standard part of engineering review and approval. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V.1 (1) above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. There are 26 parcels, totaling approximately 56.06 acres, with 18 different property owners designated Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet)in this area.There should be no impact to surrounding land uses as to the north is the SeaTac Rest Area; Enchanted Park/Wild Waves Amusement Park is located to the northeast; a retirement home, The Meridian at Stone Creek, and vacant land is located to the south;Brittany Lane/Regency Woods, Division II is located to the east; and Milton Road South and I-5 are located to the west. Any higher density development to the north of South 376`h Street would require upgrading South 376`x' Street and Milton Road South to urban road standards, including the construction of sidewalks, making for a safer walking environment. Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 7 of 16 184 (4) The adequacy of and impact on community facilities including utilities, roads,public transportation,parks, recreation, and schools. All public utilities, except sewer and stormwater facilities,are available to these parcels. The parcels are presently on septic, and the nearest existing sewer system facilities intended to ultimately serve this area are approximately 1,100 feet southeast of parcel 322104-9050 (number 12 on Table I, Exhibit F). The parcels are accessed by Milton Road South, South 372nd Street, and South 376"'Street.If a comprehensive plan amendment and rezone from Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential and Single family(RS 7.2, one unit per 7,200 square feet)is approved,Milton Road South, currently a rural road, will have to be improved to urban standards. The easterly curve of Milton Road South in the 37200 block does not meet current standards. It would either have to be realigned or a roundabout constructed. There are a wide variety of recreational opportunities in the city (Exhibit Q). These opportunities include Dash Point State Park (a 398-acre state park on the west side of the city, operated and maintained by Washington State Parks); Celebration Park(an 84-acre city-owned community park located approximately in the middle of the city with ballfields and walking trails); Town Square Park(a four acre city-owned community park located in the City Center); and recreation trails in the Bonneville Power Administration right-of- way. As shown on Map VI-4, there are also a number of other parks and open space areas scattered throughout the city; however,there are no existing recreational facilities east of I-5 in this immediate vicinity, except for the Enchanted Park/Wild Waves Amusement Park, located to the northeast. City codes require provision of on-site open space, or a fee-in-lieu of open space, when land is subdivided for single-family uses. If the parcels are developed with single-family homes in the future, impacts on schools should be mitigated by the payment of a school y impact fee. The 2019 school impact fee is $7,221 per single family dwelling unit. (S) The benefit to the neighborhood, city, and region. There are 26 parcels,totaling approximately 56.06 acres, with 18 different property owners designated Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet)in this area. According to an August 23,2017, article in the Seattle Times, for the first time ever,the median King County home price has grown more than$100,000 in just a year. The new median price was $658,000 or $103,000 more than the previous July, according to monthly data released by the Northwest Multiple Listing Service. In southwest King County,the median price for a single family house was $385,250 at that time,up 11.7 percent from the previous year. Prices have since levelled off.However, a major reason for high housing prices is the lack of supply of housing; therefore, providing more opportunities for single family housing would also benefit the city and region (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. Approval of this request could result in 160 additional single-family units. Federal Way Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 8 of 16 185 has a housing target of 8,100 new residential units over a 25 year period(2006-2031).At the time that the last capacity analysis was completed(December 2012),the city had capacity for 8,443 new residential units made up of 2,412 detached single-family homes and 6,030 multi-family units. The capacity for 4,880 of those 6,030 multi-family units was located in mixed-use development zones, and 1,151 units were located in multi- family zones. Based on this data,there appears to be a need for additional capacity for single-family homes. (7) The current and projected population density in the area. There are 21 single family units on approximately 56.06 acres,which results in a density of approximately 0.4 units per acre. If a request for a change in comprehensive plan and zoning designation to Single Family High Density Residential and Single Family(RS 7.2, one unit per 7,200 square feet)is granted, this would result in a density of approximately four units per acre. However, due to the presence of wetlands, and the need for future streets to meet block perimeter requirements, future density is estimated to be approximately three units per acre. (8) The effect upon other aspects of the comprehensive plan. Approval of RS 7.2 zoning should not affect other aspects of the comprehensive plan. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan—The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Changing the designation from Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential and Single-Family(RS 7.2, one unit per 7,200 square feet)does have a substantial relationship to public health, or safety in that smaller lots may result in more housing at less cost, which bears a substantial relationship to the welfare of that segment of the population that may be struggling to find affordable housing. (2) The proposed amendment is in the best interest of the residents of the city. Please see responses under Sections V(1) (5) and V(2) (1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment and rezone under consideration is consistent with the following goals of RCW Chapter 36.70A.020 (2) of the Growth Management Act(GMA): "(i) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. "(ii) Reduce sprawl. Reduce the inappropriate conversion of undeveloped Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 9 of 16 186 land into sprawling, low-density development. "(iii) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state,promote a variety of residential densities and housing types, and encourage preservation of existing housing stock." The proposal is also consistent with the following policies of the comprehensive plan: "LUT 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. "HP15 As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. "HP 16 Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, and transfer of development rights, cluster housing, cottage housing, garden housing, duplexes, and low to moderate density housing types. V1. COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. There is a need for more housing supply and smaller lots provide for housing affordable to families seeking single family homes.Please see responses under Sections V(1)(5) and V (2) (1). b. The proposed request is appropriate because either.- (i) ither:(i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or (i i) The rezone will correct a zone classification or zone boundary that was inappropriate when established. This area was annexed to the city in January 2005 (Parkway Annexation)with a pre- annexation comprehensive plan designation of Single Family Medium Density and zoning of RS 35.0 (one unit per 35,000 square feet).At the time of annexation,the adopted RS 35.0 zoning of approximately one unit per acre was intended to protect the wetlands in this area. Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 10 of 16 187 In June 2015,pursuant to the periodic major update policies of the GMA, the city updated its environmentally critical area regulations to meet Best Available Science (BAS)requirements.BAS requirements are intended to protect critical areas such as wetlands,by requiring an applicant to submit a critical areas report that adequately evaluates the proposal and probable impacts on a critical area,or its associated buffer and/or setback. Given the now adequate protection of critical areas, such as wetlands, a comprehensive plan amendment to the higher density of RS 7.2 is consistent with the GMA goal to reduce sprawl by the inappropriate conversion of undeveloped land into sprawling low-density development. Also,providing for smaller lots available for single-family housing would be consistent with comprehensive plan policy LUP 8, "Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years."The requests are also consistent with Policy HP 15, "As appropriate,reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots." c. It is consistent with the comprehensive plan. There are 26 parcels,totaling approximately 56.06 acres,with 18 different property owners designated Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet) in this area. If the comprehensive plan amendment and rezone to RS 7.2 is approved, it will result in higher density for parcels in this area, which will comply with the GMA goal of reducing sprawl and would also be consistent with the overall vision of the comprehensive plan, which states that the demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development will occur as in-fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land. Increasing density would also be consistent with Housing Policy(HP)-15 of the comprehensive plan, which states"As appropriate,reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots" and HP-16, which states"Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, and transfer of development rights, cluster housing, cottage housing, garden housing, duplexes, and low to moderate density housing types." d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. If these requests are granted, any future development will be required to comply with all city regulations,including those adopted by reference from the comprehensive plan. e. It is consistent with the public health, safety, and welfare. Refer to responses under Section V(2) (1). Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page I 1 of 16 188 VIII. PUBLIC COMMENTS RECEIVED Citizens in Opposition or Asking Questions Thirty-seven written comments in opposition to the comprehensive plan amendment and rezone, or asking questions, were received from 33 citizens (Exhibit R).Two citizens were in favor of the change (Exhibit S). The numbers in Table H correspond to the written citizen comments. Although,no written comments were received from the original six applicants, it is assumed that they would be in favor of the change. Table II No. Summary of Comments Names 1 Is curious about the impact on the public schools and what the city Genipher Owens intends to do to manage the increased traffic,citing the already problematic traffic from Wild Waves. 2 Extension of South 376`b Street to 19th Way South will increase traffic, Travis Geving including dump trucks, which will tear up the roads.If the road is punched through,he would like to see speed bumps installed. The city will need to increase police patrol to reduce speeding. The community park will become less safe for children and there will be an increase in vandalism and drug use at the park. 3 Concerned about increased traffic on Milton Road between Porter Way Brett and Pam Thomas and Milton Road.Also concerned about the safety of children and the elderly walking in the area and bicyclists. 4 Concerned about the increase in crime if multi-family development Mike and Connie occurs. The rezone will make traffic worse,increase gridlock,and Czerwonka exhaust fumes. The local tot lot is where South 376th Street would be extended, so concerned about the safety of children. Also concerned about Lloyd's gravel trucks passing through the neighborhood. 5 If the area is rezoned, a new I-5 exit at South 375`h Street should be part Chris Givens of the traffic mitigation. 6 Opposed to extension of South 376 'Street to 19th Way South due to David Blake safety concerns. 7 Asked for clarification on what is being proposed. Kym Moses 8 Stated that the traffic analysis assumes that 19`b Way South will be Mark Spaur extended through South 376`h Street to Milton Road South and this is unacceptable for several reasons.There will be an increase in traffic; there is a community park at the end of 19`h Way South and speeding cars will create a safety risk for children playing in the park; the extension would have to cross the vonDoenhoff property and the road easement no longer exists;the road would also have to cross a wetland; traffic at the intersection of Milton Road is already intolerable when Wild Waves is open. 9 Made two suggested changes to the environmental checklist relating to Mark Spaur the need for additional future environmental studies related to the impacts on surface water. 10 The comprehensive plan and the amendment process should not allow Roger and Jayne "high density"everywhere; Spring Valley should remain relatively low Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page I2 of 16 189 No. Summary of Comments Names density to protect the ecologically sensitive areas,including the Hylebos. vonDoenhoff Concerned about increased traffic and backups.Stated that the traffic analysis assumes that South 376'h Street can be punched through the middle of their 20-acre parcel.However,there are a number of reasons why this is not feasible:the road through their property has been vacated;punching the road through would make the southern portion of their property unusable; the road would be within 20 feet of their house and would run through a wetland;the road would increase traffic in Brittany Lane and Regency Woods next to a children's playground and also increase traffic in front of an assisted living facility.If the area is rezoned,they would request RS 15.0 and not RS 7.2 or RS 5.0 zoning. 11 In the planning of new developments in the Milton Road area,the city Mark Spaur must mandate Low Impact Development(LID)and Green Stormwater Infrastructure(GSI)methods,such as permeable pavement for roads and driveways,bio retention ponds and roof rainwater collection and dispersion systems. 12 He does not believe that the statement in the environmental checklist, Mark Spaur that the restrictive covenants of Regency Woods Division would prohibit further division of lots,is correct. 13 Additional housing and new road infrastructure will be an additional Sarita Breivik source of pollution collecting in stormwater.The increase in stormwater pollution levels discharging to the Hylebos and Puget Sound will have a negative impact on salmon and orca populations and other wildlife residing in the area. Extension of South 376`h Street to 19`h Way South will put the residents of Brittany Lane and Regency Woods at increased risk of crime,will increase traffic through Brittany Lane and Regency Woods, and cause a safety hazard to children playing in the park and walking to school. In addition, additional housing would put an added strain on the schools,negatively impacting children's education. 14 Objects to the punching through South 376t'Street to 19th Way South Bob Coleman because it would make traffic worse in the neighborhood.Traffic from Milton Road,including Lloyd's and Port of Tacoma truck traffic and commuter and casino will speed through the neighborhood.In addition, there is a park at the southern terminus of South 19th Way South,where the road would be punched through. 15 Object to construction of apartments or condos,but do not object to Kim and Scott Moses single family houses. 16 Objects to the punching through South 376`"Street to 19th Way South Lily Stadnik because it would make traffic worse in the neighborhood. Traffic from Milton Road,including Lloyd's and Port of Tacoma truck traffic and commuter and casino will speed through the neighborhood.In addition, there is a community park and bus stop at the southern terminus of South 19th Way South,where the road would be punched through. In addition,the value of homes will suffer. 17 Objects to the punching through South 376`h Street to 19th Way South as Sylvia Molzahn it will open up the neighborhood to more crime. In addition,roads and schools are already overcrowded. It will also cause a hazard to residents,who use the sidewalk for walking. 18 Increased traffic and speeds of traffic in the neighborhood would create Monica Hirano a safety hazard and detract from the character of the neighborhood. Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page I3 of 16 190 No. Summary of Comments Names 19 Have concerns about increased exhaust from increased traffic. Also Betty Latham connecting South 376th Street and 19`h Way South would increase traffic,making it unsafe for children to ride their bike,neighbors who walk for exercise,and children who play in the park. 20 Concerns about traffic impacts on the roadways and intersections Sarita Breivik adjacent to the proposed rezone area,which are already at and above capacity.The backups affect state highways and increase response time for emergency vehicles and personnel. 21 States that the schools are already overcrowded; has concerns about Kathy Walton increased traffic;and the assumption that South 376't'Street would be extended to Milton Road South as there is a park there and the extension will create a safety hazard. In addition,increased traffic would detract from the character of the neighborhood and increased building will result in the cutting down of trees in the beautiful forest that helps mitigate noise pollution from I-5. 22 Concerns about increased traffic,overcrowding of schools,and the type Maksim Tomilov of housing,whether apartments or houses,will be built 23 Requests that the transportation impact analysis be changed to not Lesley Roth include the connection of South 376th Street and 19`t'Way South due to increased traffic and the presence of children playing in the park.Also has concerns that representatives from the fire,police,and public schools have not commented on the impact to their services. She would like.to know their plans for absorbing the growth in this area. 24 Connecting South 376`h Street and 19th Way South will destroy their Alex Costine way of life, will drastically lower house prices,will be extremely dangerous to children and elderly people in the neighborhood,and turn the quiet neighborhood surrounded by beautiful trees into a smog-filled area.It will also increase traffic,including semi-trucks going to the Port of Tacoma and bring potentially dangerous people going to gamble at the casino into their neighborhood. 25 Same comments as#24 Elina Costine 26 Same comments as#24. Yuri Zaharchuk 27 Same comments as#24. Tatyana Omelchenko 28 Same comments as#24. Tatyana Lukomskaya 29 Opposes connecting South 376th Street and 19`h Way South to build Washington Pro Roofing more houses. LC 30 Concern for wildlife that may be displaced by construction of new Chris and Christina Call houses. Also concerned about connecting South 376h Street and 19ffi Way South due to increased traffic and impact to children,families,and dogs playing in the park.In addition, children need to cross the street and walk to the bus stop and increased traffic poses a safety hazard. 31 Connecting South 376th Street and 19th Way South will make the Daniel Zaharchuk neighborhood less safe, increase noise, increase traffic, and impact people walking with their families and kids riding their bikes. 32 Concerns about increased traffic and safety. Yonas Ocubazghi 33 Opposes the extension of 19th Way South to Milton Road because it will Sheri Stanton have a negative impact on the livability of Brittany Lane and Regency Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 14 of 16 191 No. Summary of Comments Names Woods and it would cut through an identified wetland.A reasonable compromise would be to rezone the parcels but require the developer to leave a natural green buffer between the redeveloped lots and Brittany lane to mitigate pollution and noise. 34 States that the wetland on the Ellingson property needs to be restored; Suzanne Vargo questions whether portions of the site has Everett Gravelly Sandy Loam (EvQ soil; states that the zoning must remain low density due to the soil make up; concerned about impacts on wetlands and their buffers if single family homes are built,which are exempt from review under the State Environmental Policy Act(SEPA); concerned about removal of trees due to their buffering effect for air and noise from I-5;requests a full study of birds and mammals in a three-mile radius of the proposed rezone area;requests that it be investigated whether this area is a key resting spot for migrating birds;concerned about the impacts on wildlife; states that this area is affected by the Tacoma Smelter Plume; concerned about the impacts of construction equipment on the aging Olympic Pipeline, which runs parallel to 1-5 on the east, west of Milton Road South; the city needs to develop an emergency plan to address these issues; and concerned that the removal of trees will increase the noise impacts from jets. 35 The 1995 Environmental Impact Statement(EIS)did not analyze Mark Spaur impacts in this area as it had not yet been annexed by the city.He believes that it is time for the city to do another EIS that includes the areas annexed by the city since 1995,includes the Hylebos Watershed, includes the city's new vision for transit and development,and use the EIS process as intended to weigh the cumulative impacts of proposed development on the environment. 36 Concerns about whether the376th bridge and 19`h Way South/South Matthew and AnnDU Do 376`h Streets were built for heavy traffic and commercial trucks. Also concerned about potential future traffic impacting the Brittany Lane park and the senior living facility south of South 376 'Street. 37 States that even though a legislative comprehensive plan amendment Mark Spaur and rezone are non-project actions,guidance from the Department of Ecology is that when a non-project action involves a comprehensive plan or similar proposal governing future project development,the probable environmental impacts associated with future development need to be considered.He also states that additional stormwater analysis should be done to evaluate impacts on the Hylebos Watershed and that future development should utilize Low Impact Development (LID)/Green StormwatEr Infrastructure(GSI)methods. He is also requesting that the South 376t3'Extension to 20`h Way South be removed from the Comprehensive Plan as part of this process. Citizens in Favor of the Change Loren and Shannon Neighbors, who live in the area under study, are in favor of the comprehensive plan amendment and rezone to RS 5.0 (single family, one unit per 5,000 square feet)because there is a need for middle class housing near to good mass transit. Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 15 of 16 192 IX. MAYOR'S RECOMMENDATION The Mayor recommends that the legislative action to change the comprehensive plan designation and zoning of all 26 parcels from Single Family Medium Density Residential(RS 35.0, one unit per 35,000 square feet)to Single Family High Density Residential(RS 7.2, one unit per 7,200 square feet)be approved. X. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240,the Planning Commission may take the following actions regarding each proposed comprehensive plan amendment and rezone request: 1 Recommend to City Council adoption of the proposed comprehensive plan amendment as proposed; 2. Recommend to City Council that the proposed comprehensive plan amendment not be adopted; 3. Forward the proposed comprehensive plan amendment to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit A Determination of Nonsignificance and Checklist Exhibit B Agencies That Were Sent a Copy of the DNS and Environmental Checklist Exhibit C Vicinity Map of Milton Road Area Exhibit D Map—Original Six Applicants Exhibit E Timeline for the Milton Road Area Comprehensive Plan Amendment and Rezone Exhibit F Vicinity Map of Milton Road Area with Numbered Parcels Corresponding to Table I Exhibit G Aerial Map Showing Surrounding Zoning and Uses Exhibit H Lakehaven Water and Sewer Map Exhibit I Map 111-4 Cross Section Application by Street Exhibit J Road Cross Section O Exhibit K Road Cross Section S Exhibit L Road Cross Section U Exhibit M Road Cross Section W Exhibit N Map IX-1 Aquifers Exhibit O Map IX-2 Aquifers &Wellhead Capture Zones Exhibit P Map IX-3 Areas Susceptible to Groundwater Contamination Exhibit Q Major Parks and Open Space Map Exhibit R Written Comments Opposing or Asking Questions About the Comprehensive Plan Amendment and Rezone Exhibit S Written Comments in Favor of the Comprehensive Plan Amendment and Rezone K:\Comprehensive Plan\2018 Comprehensive Plan Amendments\Planning Commission\021119 Planning Commision Public Hearing Report.doc Planning Commission Staff Report February 9,2019 2018 Comprehensive Plan Amendments/Milton Area Legislative Rezone Page 16 of 16 193 LI1 Y Oi EXHIBIT Federal Way .DETERMINATION OF NONSIGNIFICANCE (DNS) 2018 City of Federal Way Comprehensive Plan Amendments Milton Road .Legislative Comprehensive Plan Amendment and Rezone (Non-Project Action) Files: 18-105523-SE & 18-104618-UP Description:This is a legislative action initiated by the City Council for a comprehensive plan amendment and rezone for 26 parcels(56.06 acres) in the Milton Road area east of 1-5 from Single Fan-Lily Medium Density Residential (RS 35.0.one unit per 35,000 square feet)to Single-Family High Density Residential (either to RS 7.2, one unit per 7,200 square feet,or RS 5.0,one unit per 5,000 square feet).If the proposed comprehensive plan amendment is approved,appropriate zoning changes would be made concurrently.The owners would then be able to apply for subdivisions or other allowable development activity.Any of these actions would have to be reviewed and approved by the city. Applicant: Community Development Department—Planning Division Lead Agency: City of Federal Way Staff Contact: Principal Planner Margaret Clark—253-835-2646 �rlarS£ir�t,ciar•lci'q�c_iIyof jedcr_INyay.coIII The city's Responsible Official has determined that the proposal does not have a probable significant adverse impact on the environment,and an Environmental Impact Statement(EIS) is not required under RCW 43.21 C.030(2)(c).This decision was made after review of a completed environmental checklist and other information on file with the city. A completed environmental checklist and supporting documents are available for review at the City of Federal Way Community Development Department(Federal Way City Hall, 33325 8"'Avenue South,Federal Way, WA 98003,253-835-7000),from 8 a.m.to 5 p.m.,Monday through Friday. This DNS is issued under WAC 197-11-340(2).The lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by 5:00 p.m. on January 18,2019. Unless modified by the city,this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days of the above comment deadline. You may appeal this determination to the Federal Way City Clerk(address above), no later than 5:00 p.m.on February 8, 2019, by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Responsible Official: Brian Davis r1 e Title: Director of Corrununity Development/SEPA Official ('�G E Address: 33325 8't'Avenue South,Federal Way,WA 98003 Date Issued: January 4. 2019 Signature: KXompreheneivp,Ptan\2078 Camprsrxmrve Plan Amcndmema��EPAIMilton Kd;ATd�.doc�. 194 PAGE-,L-0E-!L- Department of Community Development 33325 8th Avenue South I TY C F 25Federal Way,WA 98003-6325 3-835-2607;Fax 253-835-2609 m Federal � �y�rfed�:r.�►waY.,:um S E PA ENVIRONMENTAL C HEC K LAST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant.This information is also helpful to determine if available avoidance,minimization," or compensatory mitigation measures will address the probable significant impacts,or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal.Please answer each question accurately and carefully,to the best of your knowledge.You may need to consult with an agency specialist or private consultant for some questions.You may use "not applicable"or "does not apply"only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies and/or reports.Complete and accurate answers to these questions often avoid delays with the SEPA process,as well as later in the decision-making process. The checklist questions apply to all parts of your proposal,even if you plan to do them over a period of time or on different parcels of land.Attach any additional information that will help describe your proposal or its environmental effects.The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Additional information may be necessary to evaluate the existing environment,all interrelated aspects of the proposal,and an analysis of adverse impacts.The checklist is considered the first,but not necessarily the only source of information needed to make an adequate threshold determination.Once a threshold determination is made,the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist far nonproject proposals: For nonproject proposals(such as ordinances,regulations,plans,and programs),complete the applicable parts of sections A and B,plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D).Please completely answer all questions that apply and note that the words"project,""applicant,"and"property or site"should be read as"pioposal,""proponent,"and"affected geographic area,"respectively.The lead agency may exclude(for nonprojects)questions in Part B(Environmental Elements)that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental Checklist Page 1 of 22 20113 City of Federal'May Comprehensive Plan Amendments Pile#18-105523-00-SE 195 A. BACKGROUND 1. Name of proposed project,if applicable: 2018 City of Federal Way Comprehensive Plan Amendments Milton Road Legislative Comprehensive Plan Amendment and Rezone 2. Name of applicant: Federal Way Community Development Department—Margaret H.Clark,Principal Planner 3. Address and phone number of applicant and contact person: 33325 8''Avenue South,Federal Way,WA 98003.(253)835-2646 4. Date checklist prepared: November 19,2018 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule(including phasing,if applicable): Planning Commission Public Hearing—February 20,2019 Land Use/Transportation Committee Public Meeting—March 4,2019 City Council Public Meeting with 1"Reading of Ordinance—March 19,2019 City Council Public Meeting with 2 Reading of Ordiimice—April 2,2019 7. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal?If yes,explain. This is a legislative action initiated by the City Council for a comprehensive plan amendment and rezone for 26 parcels(56.06 acres)in the Milton Road area east of I-5(Exhibit A)from Single Family Medium Density Residential(RS 35.0,one unit per 35,000 square feet)to Single Family High Density Residential(Either to RS 7.2,one unit per-7,200 sq.ft.or RS 5.0,one unit per 5,000 sq.ft.)If the proposed comprehensive plan amendment is approved,appropriate zoning changes would be made concurrently..The owners would then be able to apply for subdivisions or other allowable development activity.Any of these actions would have to be reviewed and approved by the City. 8. List any environmental information you know about that has been prepared,or wild be prepared, directly related to this proposal. No environmental documents were prepared in connection to this comprehensive plan amendment and rezone.However,there were two wetland reports prepared for the following specific parcels: 1. Wetland&Mitigation Report prepared by Environmental Design,LLC for Arnie Ellingson, site SEPA Environmental Checklist Page 2 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#]8-105523-00-SE 196 address 1224 South 3760'Street located on Parcel No's. 322104-9136,322104-9036,and 322104- 9138. 2. Wetland and Fish and Wildlife Habitat Assessment Report for Arnie Ellingson,no site address, Parcel No.322104-9050, 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal?If yes,explain. There is a pending violation on portions of Parcel No's. 322104-9136,322104-9036,and 322104-9138 for clearing and grading without a permit. The owner had misinterpreted information provided by the Department of Ecology and began constructing a stormwater feature/berm within the wetland buffer without approval from the City.The owner entered into a Voluntary Correction Agreement(VOA)with the City.As part of the VOA,a full assessment of the impacts to the wetland and wetland buffer and a wetland report with recommended mitigation was required.A Wetland&Mitigation Report was prepared by Environmental Design,LLC.The City is in the process of working with the owner on resolving the violation. There are no other pending applications for government approvals or other proposals directly affecting the remainder of the parcels.If the legislative comprehensive plan amendment and rezone are approved, specific development proposals related to individual parcels will require future environmental review and approval of development and building permits. 10. List any government approvals or permits that will be needed for your proposal,if known. The Federal Way City Council must adopt the final amendments to the FWCP pursuant to FKWC Chapter 19.80, "Council Rezones." Specific development proposals related to individual parcels will require future environmental review and approval of development-and building permits. 11. Give brief,complete description of your proposal,including the proposed uses and the size of the project and site.There are several questions later in this checklist that ask you to describe certain aspects of your proposal.You do not need to repeat those answers on this page.(Lead agencies may modify this form to include additional specific information on project description.) The locations of the 26 lots that are included in the legislative comprehensive plan and rezone area are shown on Exhibits A and A and are described below: Existing Parcel# _ -' Owner. — Address Location Sa.ft. Acres Land Use #Houses North of Single 1 1424 S 372nd St Milton Rd family S(S 372nd dwelling 1 322104-9086 Mark Johnson St 19,331 0.441 Single 37222 Milton Rd S East of family 2 322104-9157La Neether Milton Rd 47.760 L1 dwelling S �__--� Single I family 322104-9045 Larry Neether ___ 71.002 1,63 dwelling 1 i __ �.----North of Single 1408 S 372nd St Milton Rd family 4 322I04-9002 Pam Otteson S/S 372nd 145,490 3.34 dwellin_! 1 —__-- _.� St. west Vacant of Milton Rd S,and south of I- 5 322104-9076 Pam Otteson 5 36,533 0.84 0 SEPA Environmental Checklist - — Page 3 of 22 2018 City of Federal way Comprehensive flay Amendments File#18-105523-00-SE 197 GXIRIT L Existing Parcel# Owner Address Location S ,ft. Acres Land Use #Houses Single 1331 S 372nd St family 6 322104-9114 Rick Beard South of 87,120 2 dwelling 1 Milton Rd Single 1311 S 372nd St S/S 372nd family 7 322104-9053 Rick Beard St 77.972 1.79 dwelling 1 Single 1321 S 372nd St family 8 322104-9129 Rick Beard 31,785 0.73 dwelling 1 East of Single 1110 S 376th St Milton Rd family S and dwelling north of S 9 322104-9036 Amold Ellingson 376th St 167.270 3,83 1 10 322104-9138 Arnold Ellin son N/A 98,881 2.27 Vacant 0 North of S Single 1224 S 376th St 376th St family 11 322104-9136 Arnold Ellingson 108.900 2.5 dwelling I 12 322104-9050 Arnold EIlingson N/A 207,781 4.77 Vacant 0 Single 1423 S 372nd St South of family Milton Rd dwelling 13 322104-9064 Visnou Dararak S 104.544 2.4 1 North of Single 1312 S 372nd St Milton Rd family S/S 372nd dwelling St, and 14 322104-9003 Joe&Mary Greene _ east of I-5 92,347 2.12 I North of N/A Milton Rd Vacant S/S 372nd St, and 15 322104-9048 Joe Greene east of I-5 1,350 0.03 0 Single 1411 S 372°'St South of Family 16 322104-9126 Nick Semenyuk S 372nd St 104,108 2.39 dwelling I South of Single 36924 Milton Rd S S369th St family and east of dwelling Milton Rd 17 322104-9111 Lue Swenson S 16,875 0.39 l 37128 Milton Rd S East of Single Milton Rd family 18 322104-9001 Kay Ka rosy S 133.729 3.07 dwelling l Single 1515 S 372"d St Southeast family Loren and Shannon of S 372nd dwelling 19 322104-9011 Nei born- St 217,800 5 1 Single 1414 S 376'b St South of S family 20 322104-9063 Jayne Vondoenhoff 1 376'St 440,661 1 10.12 dwelling. 1 Single Michael&Connie 1605 S 369"St South of S family 21 721266-1040 Czerwonka 369"St 28,507 0.65 dwelling I Detention N/A South of S Pond 22 721266-1090 City 369th St 54.561 1.25 1 0 Single 37123 17iD Ave S West of family 23 721266-1050 William Germann 17'b Ave S 42,395 0.97 dwelling 1 Single Nguyen&Diem 37321 17th Ave S West of family 24 721266-1060 Noe 17th Ave 35.000 0.8 dwcliin 1 SFPA&Oronmental Checklist Page 4 of 22 2018 00-Y of Federn]Way Comprehensive Plan Amendments File#18-105523-13£1-SE 198 ENI M A Existing Parcel# Owner Address Location Sq.ft. Acres I Land Use #Houses s Single 37323 17th Ave S West of, family Igor&Liliya 17th Ave dwelling 25 721266-1070 Stadnik S 35.000 0.8 I Sinsfc Curtis&Christina 1610 S 376th St North.of S family 26 721266-1080 Call 376th St 35,500 0.81 dwelling ! Total 2,442,202 56.06 21 No's 21 and 23-26 are located within Regency Woods Division No.2 and they are already developed with single family homes. 12. Location of the proposal.Give sufficient information for a person to understand the precise location of your proposed project,including a street address,if any,and section,township,and range,if known.If a proposal would occur over a range of area,provide the range or boundaries of the site(s).Provide a legal description, site plan,vicinity map,and topographic map,if reasonably available.While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Refer to Exhibit A for location of the parcels. Street addresses are found under Section A.11 of this Checklist. No's 1-20 above are located within NE 32-21-4 and No's 21-26 are located within NW 33- 21-04, Staff concurs with the checklist. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (Underline/circle one): Flat,rolling,hilly,steep slopes,mountainous,other The site is approximately 56 acres with a flat to rolling terrain. b. What is the steepest slope on the site(approximate percent slope)? The steepest slope on the site is approximately 42 percent located on the western portion of Parcel No. 322104-9036 between Milton Road and the on-site wetland. . c. What general types of soils are found on the site(for example,clay,sand,gravel,peat,muck)? If you know the classification of agricultural soils,specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The majority of the soils in this area are Alderwood Gravelly Sandy Loam(AgQ with a slope of 6-15 percent.Everett Gravelly Sandy Loam(EvC)with a slope of 5-15 percent can be found roughly in the middle of the area with an area of Kitsap Silt Loam(KpB),2-8 percent slope,to SEPA Environmental Checklist Page 5 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 199 EP�!PIT � PAGE—L—OF 3a the south east of the EvC. There is also a small area of Bellingham Silt Loam(Bh)located in the south eastern portion of the area(Exhibit Q. d. Are there surface indications or history of unstable soils in the immediate vicinity?If so, describe. Based on the city's Critical Areas Map(Exhibit D),there are no surface indications or history of unstable soils in the immediate vicinity. e. Describe the purpose,type,total area,and approximate quantities and total affected area of any filling,excavation,and grading proposed.Indicate source of fill. The proposal is a non-project action.However,if any of the parcels are further subdivided via a preliminary plat(10 or more lots created),said subdivision would be subject to their own review pursuant to the State Environmental Policy Act(SEPA)and at that time,any proposed filling, excavation,and grading,including source of fill would be addressed.The construction of single family homes does not trigger SEPA review. f. Could erosion occur as a result of clearing,construction,or use?If so,generally describe. It is possible that erosion could occur as a result of clearing,construction,or use.Please refer to response under Section B(1)(h). g. About what percent of the site will be covered with impervious surfaces after project construction(for example,asphalt or buildings)? There are approximately 56.06 acres in the subject area,of which 50.76 acres may be redevelopable. As stated in Section A(11),No's 21 and 23-26 are located within Regency Woods Division No.2(Exhibits A and B)and they are already developed with single family homes. Furthermore,it appears that the Regency Woods Division 2 Declaration of Protective Covenants, Conditions and Restrictions(CC&Rs)prohibit further division of these lots.Of the remaining 50.76 acres,approximately 0.92 acres will needed for future road expansions and approximately 13.22 acres would be set aside as wetlands and wetland buffers,leaving 36.62 acres as developable or redevelopable land.If the parcels were subdivided,it is assumed that 7.5 percent would be set aside as open space with the remaining 7.5 percent being satisfied by a fee-in-lieu of open space with 20 percent being developed as internal streets,leaving approximately 52.3 percent that could be developed as lots.In both the RS 7.2 and RS 5.0 zones,maximum lot coverage is 60 percent which would result in approximately 31.4 percent of impervious surface. h. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: These are noxi project actions.Future project specific actions will be subject to environmental review as required by the SEPA Rules,and will be evaluated in accordance with all plans,policies, rules,and regulations adopted as a basis for the exercise of substantive authority under SEPA to approve,condition or deny proposed actions.In addition,when future projects are submitted,any erosion-related impacts created during clearing and construction activities will be mitigated in compliance with the 2016 King County Surface Water Manual(KCSWM),as arnerided by the city. This requires any erosion-related impacts created during clearing and construction activities to be addressed according to a Temporary Erosion Sedimentation Control Plan(TESL),which is a standard part of engineering review and approval. SEPA Environmental Checklist Page 6 of 22 21018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 200 PAGE-B ®F..-61 Staff concurs with the checklist. 2. Air a. What types of emissions to the air would result from the proposal during construction, operation,and maintenance when the project is completed?If any,generally describe and give approximate quantities if known. Potential construction of an additional 160 to 231 houses would result in increased emissions to the air both during construction and after construction by increased vehicle traffic in the area. Approximate quantities of the increased emissions are unknown. b. Are there any off-site sources of emissions or odor that may affect your proposal?If so, generally describe. Not applicable.These are non-project actions. c. Proposed measures to reduce or control emissions or other impacts to air,if any. These are non-project actions.However,the amount of wetland vegetation and buffer vegetation to be retained should help to filter pollutants and absorb carbon dioxide.Trees also release oxygen into the atmosphere and help cool our homes. Staff concurs with the checklist. 3. Water a. Surface Water 1) Is there any surface water body on or in the immediate vicinity of the site(including year- round and seasonal streams,saltwater,lakes,ponds,wetlands)?If yes,describe type and provide names.If appropriate,state what stream or river it flows into. The City's Critical Area Map(Exhibit D)identifies three Category 11 Wetlands in this area,one on Parcels 322104-9136,322104-9036,and 322104-9138(Ellingson),one on the southern portion of Parcel 322104-9063 (Vondoenhoff),and one on Parcels 322104-9001 (Kaprosky), and 721266-1090(City of Federal Way).These appear to be Category 11 wetlands with 105 foot wide buffers.There also appears to be another wetland on portions of Parcels 322104-9050 (Ellingson), 322104-9126(Semenyuk)and 322104-9063(Vondoenhoff).The City's wetland consultant has identified this wetland as a Category III wetland with a 60 foot wide buffer. 2) Will the project require any work over,in,or adjacent to(within 200 feet)the described waters? If yes,please describe and attach available plans. These are non-project actions.However,if the wetlands are indeed Category Il with buffers of 105 feet and 60 feet,it is likely that work would occur within 200 feet of the wetlands.There have been two wetland studies prepared for the Ellingson parcels.However,if future 5EPA Environmental Checklist Page 7 of 22 2018 City of Federal Way Comprehensive Plan Amendments file#18-105523-00-SE 201 EXPIRIT PAGE._.. 4� subdivision of the area is proposed, additional environmental studies to analyze impacts on the wetlands would be required. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected.Indicate the source of fill material. These are non-project actions and without a development proposal it is not possible to estimate fill or dredge material that would be placed in or removed from the wetlands or their buffers.It is also not possible to identify the source of any fill- 4) ll_4) Will the proposal require surface water withdrawals or diversions?Give general description,purpose,and approximate quantities if known. These are non-project actions. 5) Does the proposal lie within a 100-year floodplain?If so,note the location on the site plan. These are non-project actions.However,based on the Washington State Coastal Atlas(Flood Hazard Maps),there are no floodplains in the vicinity of the site-specific requests_ 6) Does the proposal involve any discharges of waste materials to surface waters?If so, describe the type of waste and anticipated volume of discharge. These are non-project actions. b. Ground Water 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well,proposed uses,and approximate quantities withdrawn from the well.Will water be discharged to groundwater?Give general description,purpose,and approximate quantities if known. These are non-project actions. However,based on the Lakehaven Water&Sewer District Wellhead Protection Maps,there are no wells in this area. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources,if any(for example: domestic sewage;industrial containing the following chemicals. . . ; agricultural; etc.).Describe the general size of the system,the number of such systems,the number of houses to be served(if applicable),or the number of animals or humans the system(s)are expected to serve. These are non-project actions.However,if the area was built out at RS 7.2(one unit per 7,200 square feet),it is assumed that there could be 160 lots,including the existing 26 lots,and if built out at RS 5.0(one unit per 5,000 square feet),there could be 231 lots including the existing 26 lots.It is very unlikely that waste material from septic tanks or domestic sewage would be discharged into the ground as the Lakehaven Water&Sewer District has stated that they have no comment on the proposed rezone itself,as no new Lakehaven water/sewer system facilities would be required by or for the proposed land use action itself.Future development of the SEPA Environmental Checklist Page 8 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 202 associated properties would require extension of Lakehaven water and sewer system facilities as necessary to serve such future developing properties. c. Water runoff(including stormwater): 1) Describe the source of runoff(including stormwater)and method of collection and disposal,if any(include quantities,if known).Where will this water flow?Will this water flow into other waters?If so,describe. The existing storm system in the area consists of roadside ditches which connect to existing wetlands in the area. 2) Could waste materials enter ground or surface waters?If so,generally describe. Refer to response to question above.However, any new development would be required to construct a stormwater system with a discharge to an approved stormwater treatment and detention system. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site?If so, describe. The storm system and the existing roadways are not adequate to support a rezone from RS 35.0 to either RS 5.0 or RS7.2 d. Proposed measures to reduce or control surface, ground, and runoff water,and drainage pattern impacts,if any: As the area is developed,any water-related impacts will be mitigated in compliance with the City- adopted 2016 KCSWM, as amended by the City. Staff concurs with the checklist. 4. Plants a. Check the types of vegetation found on the site: X deciduous tree: alder,maple, aspen,other _evergreen tree: fir,cedar,pine,other X shrubs _X__grass X pasture _crop or grain orchards, vineyards,or other permanent crops X wet soil plants: cattail,buttercup, bullrush, skunk cabbage,other A " X water plants: water lily,eelgrass,milfoil,other _other types of vegetation r b. What kind and amount of vegetation will be removed or altered? SEPA Environmental Checklist Page 9 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 203 When a specific application is submitted,the kind and amount of vegetation to be removed or altered will depend on City requirements,which would be reflected in an approved tree retention plan. c. List threatened and endangered species known to be on or near the site. There are no known threatened or endangered species in the vicinity of the proposal. d. Proposed landscaping,use of native plants,or other measures to preserve or enhance vegetation on the site,if any. Landscaping would be addressed at the time of subdivision or other development of the area. e. List all noxious weeds and invasive species known to be on or near the site. There are no known noxious weeds or invasive species on or near the site. Staff concurs with the checklist. 5. Animals a. List any birds and other animals which have been observed on or near the site,or are known to be on or near the site.Examples include: birds: hawk, heron, eagle,songbirds,other:_ x mammals: deer,bear, elk,beaver,other: x fish: bass,salmon,trout,herring, shellfish,other A variety of birds,mammals, and fish native to the Pacific Northwest are found within the City of Federal Way. Species vary depending on whether the area is in a natural versus developed state. b. List any threatened and endangered species known to be on or near the site. There are no known threatened or endangered species known to be on or near these sites. c. Is the site part of a migration route?If so,explain. Federal Way is located within the Pacific Flyway migration route utilized by waterfowl migrating north into Alaska and northern Canada.It is unknown whether there are key rest stops in this area. d. Proposed measures to preserve or enhance wildlife,if any. There are no proposed measures at this time to preserve or enhance wildlife. List any invasive animal species known to be on or near the site. Imo' r'T r u None known. f Staff concurs with the checklist. SEP.°Environmental Checklist Page 10 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 204 PA F0 3 6. Energy and Natural Resources a. What kinds of energy(electric,natural gas,oil,wood stove,solar)will be used to meet the completed project's energy needs?Describe whether it will be used for heating, manufacturing,etc. As new internal roads are constructed,new street lights would be installed.Energy for the lights would be provided by Puget Sound Energy(PSE). b. Would your project affect the potential use of solar energy by adjacent properties?If so, generally describe. The maximum height of single family dwelling units in any of the RS zones is 30 feet, and, therefore use of solar energy by adjacent properties should not be affected, c. What kinds of energy conservation features are included in the plans of this proposal?List other proposed measures to reduce or control energy impacts,if any. There are no plans proposed at this time, and any proposed measures to reduce or control energy impacts can only be determined once a proposal is made. Staff concurs with the checklist. 7. Environmental Health a. Are there any environmental health hazards,including exposure to toxic chemicals,risk of fire and explosion,spill,or hazardous waste that could occur as a result of this proposal?If so,describe. There are none. 1) Describe any known or possible contamination at the site from present or past uses. There is no known contamination in this area. 2) Describe existing hazardous chemicals/conditions that might affect project development and design.This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. The Olympic Pipeline runs parallel to I-5 on the cast,west of Milton Road South. 3) Describe any toxic or hazardous chemicals that might be stored,used,or produced during the project's development or construction,or at any time during the operating life of the project. No toxic or hazardous chemicals will be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. 4) Describe special emergency services that might be required. SEPA Environmental Checklist Page 11 of 22 2019 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 205 No special emergency services will be required. PAGE- 5) Proposed measures to reduce or control environmental health hazards,if any. No measures are proposed to reduce or control environmental health hazards. b. Noise 1) What types of noise exist in the area which may affect your project(for example:traffic, equipment,operation,other)? Noise associated with traffic on I-5 is audible along the western portion of the subject site. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic, construction,operation,other)?For internal roads and home construction Indicate what hours noise would come from the site. There will be short-term noise associate with construction equipment and long-term noise associated with traffic associated with new homes in the area. 3) Proposed measures to reduce or control noise impacts,if any: Per FWRC 19.105.040,the City of Federal Way regulates work hours as follows:Development activities and heavy equipment operations are permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday,and between 9:00 a.m. and 8:00 p.m. Saturday, and are not permitted on Sundays or holidays observed by the city,unless permission is requested and granted by the Director of Community Development. Staff concurs with the checklist. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties?If so,describe. There are presently 21 houses on 26 parcels(Exhibit E). The SeaTac Rest Area is located to the north;Enchanted Park/Wild Waves Amusement Park is located to the northeast; a retirement home, The Meridian at Stone Creek,and vacant land is located to the south;Regency Woods,Division II is located to the east; and Milton Road South and I-5 are located to the west.intensification of development in this area should not affect land uses on nearby or adjacent properties. b. Has the project site been used as working farmlands or working forest lands?If so,describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal,if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? It is unknown if any of the sites have been used for agriculture or as forest land in the past. SEPA Environmental Checklist Page 12 of22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 206 PAGE 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations,such as oversize equipment access,the application of pesticides,tilling, and harvesting?If so, how. There are no surrounding working farms or forest land normal business operations,such as oversize equipment access,the application of pesticides,tilling, and harvesting. c. Describe any structures on the site. Refer to responses under Section B.8(a)of this Checklist. d. Will any structures be demolished?If so,what? It is unknown if anv structures will be demolished to make way for new construction. e. What is the current zoning classification of the site? The current zoning of the area is RS 35.0(Single family Residential, one unit per 35,000 square feet). f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Single Family Medium Density Residential. g. If applicable,what is the current shoreline master program designation of the site? The site is not located in a designated shoreline master program area. h. Has any part of the site been classified as a critical area by the city or county?If so,specify. There are four Class H wetlands in this area.Please refer to Section B.3.a.1.for a description of the wetlands and Exhibit D for their locations. L Approximately how many people would reside or work in the completed project? If the area was built out at RS 7.2 zoning with approximately 160 single family houses,with a household size of 2.7 persons,approximately 432 people would live in the area.With RS 5.0 zoning and 231 single family houses,approximately624 people would reside in the area j. Approximately how many people would the completed project displace? Buildout of the area should not displace people who currently reside there.. k. Proposed measures to avoid or reduce displacement impacts,if any. Not applicable, 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans,if any. SEPA Environmental Checklist v Page 13 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 207 At either RS 5.0 or RS 7.2 zoning, future uses should be compatible with the Regency Woods Division II Development to the east and,the retirement home to the south,and Wild Waves/Enchanted Park Theme Park to the northeast. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance,if any. There are no agricultural and forest lands of long-term commercial significance within the city. Staff concurs with the checklist. 9. Housing a. Approximately how many units would be provided,if any?Indicate whether high,middle,or low-income housing. At RS 7.2 zoning,there may be approximately 160 housing units and at RS 5.0 zoning,there may be 231.It is expected that this would be middle-income housing. b. Approximately how many units,if any,would be eliminated?Indicate whether high,middle, or low-income housing. It is not anticipated that any housing units will be eliminated. c. Proposed measures to reduce or control housing impacts,if any. Not applicable. Staff concurs with the checklist. 10. Aesthetics a. What is the tallest height of any proposed structure(s),not including antennas;what is the principal exterior building material(s)proposed? Thirty(30)feet above average building elevation. b. What views in the immediate vicinity would be altered or obstructed? No views in the immediate vicinity should be altered or obstructed c. Proposed measures to reduce or control aesthetic impacts,if any. Not applicable. Staff concurs with the checklist. PAGE- 1 3a SEPA Environmental Checklist Page 14 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 208 11. Light and Glare a. What type of light or glare will the proposal produce?What time of day would it mainly occur? Development of housing would provide additional household lighting and light emitted from street lighting poles after dark. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts,if any. Federal Way Revised Code(FWRC) 19.105.030,Lighting regulation,prohibits light sources both directable and nondirectable from extending to adjacent properties. Staff concurs with the checklist. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Enchanted Park/Wild Waves Theme Park is located to the northeast. In addition,there are a wide variety of recreational opportunities in the Federal Way area.These opportunities include Dash Point State Park,a 398-acre state park on the west side of the city,operated and maintained by Washington State Parks; Celebration Park, an 84-acre city-owned community park located approximately in the middle of the City with ballfields and walking trails;Town Square Park, a four acre city-owned community park located in the City Center; and recreation trails in the Bonneville Power Administration right-of-way. b. Would the proposed project displace any existing recreational uses?If so,describe. There are no existing recreational uses on the subject parcels. c. Proposed measures to reduce or control impacts on recreation,including recreation opportunities to be provided by the project or applicant,if any. Not applicable, n Staff concurs with the checklist. BAG �. Jk— 3a _� SEPA Environmental Checklist _ Page 15 of 22 2018 City of federal Way Comprehensive Plan Amendments File#1 8-105523-00-SE 209 13. Historic and cultural preservation PAGE_.q__ OF 3� a. Are there any buildings,structures,or sites,located on or near the site that are over 45 years old listed in or eligible for listing in national,state,or local preservation registers located on or near the site?If so,specifically describe. It is unknown if there are any historic structures over 45 years old listed in or eligible for listing in national,state,or local preservation registers located on or near the site. b. Are there any landmarks,features,or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries.Are there any material evidence,artifacts, or areas of cultural importance on or near the site?Please list any professional studies conducted at the site to identify such resources. It is unknown whether there are any landmarks or evidence of Indian or historic use or occupation in the area. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site.Examples include consultation with tribes and the department of archeology and historic preservation,archaeological surveys,historic maps,GIS data, etc. Not applicable. d. Proposed measures to avoid,minimize,or compensate for loss,changes to,and disturbance to resources.Please include plans for the above and any permits that may be required. Not applicable. Staff concurs with the checklist. 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system.Show on site plans,if any. Milton Road South runs north to south and serves the majority of the parcels. South 276'h Street runs east west and serves five parcels(Exhibits A and,B). b. Is the site or affected geographic area currently served by public transit?If so,generally describe.If not,what is the approximate distance to the nearest transit stop? Sound Transit,King County Metro,and Pierce Transit provide service to the city.There is also a dial-a-ride-transit(DART)service, as well as two park and ride facilities(Twin Lakes and Redondo Heights)and the Federal Way Transit Center.It is unknown which specific routes serve the site- specific requests. This area is not served by either existing or planned routes by King County METRO or Pierce Transit. The closest transit service is Pierce Transit Route 402,located at SR 161 (Enchanted Parkway S)at 19th Way S. c. How many additional parking spaces would the completed project or non-project proposal SEPA Environmental Checklist Page 16 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 210 have?How many would the project or proposal eliminate? PAGE City code requires a minimum of two parking spaces per dwelling unit.No parking spaces should be eliminated. d. Will the proposal require any new or improvements to existing roads,streets,pedestrian, bicycle,or state transportation facilities,not including driveways?If so,generally describe (indicate whether public or private). Any proposals that may result from a decision on the legislative rezone and comprehensive plan amendments will be subject to future review for compliance with all codes. Specifically,any future development,regardless of zoning,would be required to construct street improvements consistent with the planned roadway cross-sections as shown in Map IIT-4(Cross Section Application by Street)(Exhibit E)and Table HT 10[Capital Improvement Program(CIP)—2016-2040]of Chapter 3 of the FWCP,except single family development may apply to the Public Works Director to modify, defer, or waive the required improvements. A Transportation Impact Analysis was conducted to determine the required street improvements. The applicant would be expected to construct improvements on the following streets to the City's planned roadway cross-sections: • Milton Road S is a Principal Collector planned as,a Type"P"street. However,the proposed zone change would change that to a Type"O"street(Exhibit F), consisting of a 34-foot street with curb and gutter, six-foot planter strips with street trees, 8-foot sidewalks, and street lights in a 68-foot right-of-way(ROW). Assuming a symmetrical cross section, 4 feet of ROW dedication and half street improvements are required on each side developed as measured from the street centerline OR far side edge of travel way. Depending on the location of any local access streets, left-turn lanes may be required at site access points, adding 12 feet to the roadway cross-section. The easterly curve in the 37200 block does not meet current standards,and should be realigned. Another alternative would be to construct a site access intersection at this location, controlled by a roundabout. • S376 1h Street is a Minor Collector planned as a Type"S"street(Exhibit G),consisting of a 36-foot street with curb and gutter, four-foot planter strips with street trees,5-foot sidewalks, and street lights in a 60-foot right-of-way(ROW). Assuming a symmetrical cross section, no ROW dedication would be necessary,but half street improvements are required as measured from the street centerline OR far side edge of travel way. • Internal street(s) shall be Type"S"(Exhibit G),"U"(Exhibit H), or"W"(Exhibit 1) local streets, consisting of a 36-, 32-, or 28-foot street,respectively,with curb and gutter,four-foot planter strips with street trees, five-foot sidewalks and street lights in a 60-,56-, or 52-foot right-of-way(ROW),respectively,depending on the number of lots served.Future development shall meet block perimeter requirements of 1,320 feet for non-motorized access, and 2,640 feet for streets e. Will the project or proposal use(or occur in the immediate vicinity of)water,rail,or air transportation?If so,generally describe. No. SEPA Environmental Checklist Page 17 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 211 E X V 1 R IT A PAGE 1�OP 3 f. How many vehicular trips per day would be generated by the completed project or proposal? If known,indicate when peak volumes would occur and what percentage of the volume would be trucks(such as commercial and non-passenger vehicles).What data or transportation models were used to make these estimates? Trip generation is estimated based on ITE's Trip Generation 20th Edition.The net increase in traffic volumes would be 160 or 215 trips during the evening peak hour and approximately 1,600 or 2,150 daily trips.Truck percentage of volume would be two percent,consisting mostly of school buses, garbage trucks and the occasional moving van or fire truck. g. Will the proposal interfere with,affect,or be affected by the movement of agricultural and forest products on roads or streets in the area?If so,generally describe. Federal Way is considered an urban area, and there is little agricultural or forestry activity. h. Proposed measures to reduce or control transportation impacts,if any. Future development of the area will be subJect to development review as required by City regulations.At the time that an application for a development permit is submitted,the Traffic Division will conduct a Concurrency Analysis,which will analyze peak hour impacts of the project to assure that there is adequate capacity to accommodate the proposed development.Supplemental mitigation may be required if the proposed project creates an impact not anticipated in the Transportation Improvement Plan(TTP).The applicants have the option to have an independent traffic engineer licensed in the State of Washington prepare the concurrency analysis consistent with City procedures.Development proposals will also be subject to a traffic impact fee to address system impacts. Site-specific analysis may also be required to address impacts outside of the evening peak hour or safety issues. Staff concurs with the checklist. 15. Public services a. Would the project result in an increased need for public services(for example:fire protection, police protection,public transit,health care,schools,other)? if so, generally describe. Based on increased density and additional single family homes,it is likely that there will be a need for increased public services,such as fire protection,police protection,public transit,health care, and schools.The proposed legislative comprehensive plan amendment and rezone were presented to the members of the City's Development Review Committee(DRC),which includes the Public Works Development Service and Traffic Divisions,the Building Division,South King Fire; Lakehaven Water and Sewer District,and the Police Department.No comments were received from the Police Department,Fire Department,or the School District. b. Proposed measures to reduce or control direct impacts on public services,if any. No measures to reduce or control direct impacts on public services have been identified at this time. Staff concurs with the checklist. SEPA Environmental Checklist Page 18 of 22 2018 City of Fedcral Way Comprehensive Plan Amendments File#18-105523-00-SE 212 16. Utilities a. Underline/circle utilities currently available at the site: electricity,natural gas,water,refuse service,telephone,sanitary sewer,septic system,other. All services should be available once the area starts to build out.The Lakehaven Water and Sewer District has stated that future development of the area would require extension of Lakehaven water and sewer system facilities as necessary to serve such future developing properties. b. Describe the utilities that are proposed for the project,the utility providing the service,and the general construction activities on the site or in the immediate vicinity which might be needed. It is expected that utilities will be provided as follows: Electricity and natural gas-PSE Water and sewer-Lakehaven Water and Sewer District Refuse Service-Waste Management Telephone—There is a variety of providers including land line providers such as AT&T, and voice over internet providers such as Vonage Cellular—T-Mobile,AT&T,Verizon, Sprint Television—Xfinity,DIRECTV,Dish Internet—Xfinity Internet from Comcast,Century Link Staff concurs with the checklist. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: .__ a�+t K Printed Name of Signee: Margaret H.Clark Position and Agency/Organization: Pri�lcil�al 1'lai�ncr. City of`l ccler it ti4'�v Date Submitted: October 4 2017 Reviewed and concurred with. '.;'�o;' X Signature: BY/fl�e9 - - Printed Name of Signee. Brian Davis Position and Aucncv�Or,anizalion: Cc�mm�uiit�I)e��clt�pitlent f)irector.,City of Fcdcral_wily Date reviewed: SEPA Environmental Checklist Page 19 of 22 2018 City of Federal Way!Comprehensive Plan Amendments Pile#18-105523-00-SE 213 LIST OF EXHIBITS Exhibit A Vicinity Map Exhibit B Critical Areas Map Exhibit C Soils Map Exhibit D Aerial Map Exhibit E Map III-4 Cross Section Application by Street Exhibit F Road Cross Section 0 Exhibit G Road Cross Section S Exhibit H Road Cross Section U Exhibit I Road Cross Section W �I�' R PAGE-21-OF �a SEPA Environmental Checklist Page 20 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#1 8-105523-00-SE 214 A SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (IT IS NOT NECESSARY to use this sheet for project actions.) Because these questions are very general,it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions,be aware of the extent the proposal,or the types of activities likely to result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented.Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air;production, storage,or release of toxic or hazardous substances; or production of noise? Development of the area with housing is not likely to increase discharge to water;or production, storage, or release of toxic or hazardous substances as any future development will be subject to City of Federal Way requirements for drainage and FWRC, Title 19,Division 5,which regulates the use of hazardous materials in Critical Aquifer Recharge Areas. In addition,individual zones within the FWRC regulate storage and treatment of hazardous substances. FWRC Title 7, Public Nuisances provides specific regulations related to air quality and noise.However expansion of existing roads and construction of new internal roads will result in increased emissions to air due to increased vehicle traffic in the area and increased noise associated with traffic. Proposed measures to avoid or reduce such increases are: Require compliance with City codes and regulations. 2. How would the proposal be likely to affect plants,animals,fish,or marine life? As development occurs,trees and other vegetation will be removed, and animals may be displaced. Proposed measures to protect or conserve plants, animals,fish,or marine life are: Per FWRC 19.120.130 Tree and Vegetation Standards,existing trees and vegetation in good health,and not considered to be invasive species, shall be retained on the subject property to the maximum extent possible in all developments.Twenty five tree units per acre are required on all developed sites in any single family zone. The tree density requirements will be met primarily through the conservation of existing trees..However,in order to provide for continued flexibility in the design of new development, in those situations where a development's design would preclude the retention of the required number of trees,the use of replacement or supplemental tree planting is authorized to meet the required tree unit density. 3. How would the proposal be likely to deplete energy or natural resources? n The proposal should not deplete energy or natural resources? ' ffiffi' Proposed measures to protect or conserve energy and natural resources are: pm� 16" None. SEPA Environmental Checklist Page 21 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 215 PAGER OF '6r' 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated(or eligible or under study)for governmental protection;such as parks,wilderness, wild and scenic rivers,threatened or endangered species habitat,historic or cultural sites, wetlands,floodplains,or prime farmlands? The only environmentally sensitive areas are wetlands.The City permits intrusions into wetland buffers on a case-by-case basis only if enforcing the critical area regulations would eliminate all reasonable use of the property.If the city grants a reasonable use request,it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property.The city may also impose limitations,mitigation under an approved mitigation plan,conditions and/or restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. Proposed measures to protect such resources or to avoid or reduce impacts are: See response under No.4 above. 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with existing plans? This area is not within the shoreline master program area. Proposed measures to avoid or reduce shoreline and land use impacts are: None. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Increased density would likely increase traffic in these areas and require the expansion and improvement of existing roads and the construction of new internal roads to meet block perimeter standards.It would also increase the demand for public services such as police,fire,and schools.The Lakehaven Water and Sewer District has stated that future development of the area would require extension of Lakehaven water and sewer system facilities as necessary to serve such future developing properties. Proposed measures to reduce or respond to such demand(s)are: The City would work with public service providers to come up with a solution. 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. This proposal does not conflict with any local,state, or federal laws or requirements for the protection of the environment. Staff concurs with the checklist. KAComprehensive Plan12018 Comprehensive Plan AmendmentsL EPAWilton Rd\Annotated Milton Area Checklist.docx SEPA Environmental Checklist Page 22 of 22 2018 City of Federal Way Comprehensive Plan Amendments File#18-105523-00-SE 216 3� ?+ C L 2.1 Cd My c is v z mo ° L d > O � Q� 00 'y i:r #+ c 3a r E CQ m m V C L1 c p 0 V C 4-- V) N w M ► c .4 E0 o L nmEaramm N N c cm vm 0 N CL d +� N O cNa•o a ALL, � a Q O '� fD m (n (!1 N Q m O y o lU N vI U C f- O O Mn V C m Z Z w r c (/� J0 F ro V � N +�. 46 wo W. 40 � l 1 i Q o N L c G tmr (n M � w u X _v` N 1 � c 217 EIIT A Z �. 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LL d@ N U c c m o m 4-- a Qe '� O o O V L1 cn CIJ N c r v 16 O C Q c = m a J U z-010 rn Z tc- c 00 4 IF .MA ., ffMISS � i �r � N o U E G [Y 220 EXHI B 11' FWCP—Chapter Three,Transportation City of Map UI - 4 Federal Way Comprehensive Pian CrossSection Application by Street �"""'y Cies Kent Muni IS 1 P"w alb L .t Fe1i.- i Y it [111y.Y WIT r tit Imo`;:;'%CL •�^ A I L, Legend ~ Planned Street Sections f at r ; \/B L C M C _ E P a f Milton FftEdyewcNxi c� Tran.WrtaWn Element Cir-r or Federal Way k This qm is aj mp ed nt use as a�phical nepresea�taticr, 0 o.s The City of rederah Way rnaftes Mies nowHr►'31t�Y 25 t0 iLSr atGtllfloy Revised 2915 --- ---—— III-19 221 a ! CL a4 m00 v Ln w VI C v1 ��Cpp LL 1� 2 U ry v It" 7 n I °6 O O N �b LA rL ca a n 0 a � � v �7, m 222 .d� � A 9XVISIT 4 Ln c �, o a� a d rco u a mc LL AtA A eJv a ry + O + 11 U G' C `1 / Y 1, N�9tlwwlk iff 3idnNlk 3 LO cm c 4 rw fAWh__ V Cr1 .i�� 1�,+,M 1 7n 3k7nwIM O k c um a N CL t (U 5 T� c L d O V cr- pLl7 cVT I S�1 1 I � N i 223 o LA N V. + Vi t 4� J jA Sdc+v+tk I � �n Rd1ww�.k 4 N ca CD i % ElsdnNk in sldwra• (n .aS L i CL V 3 -a Q o c r � 224 c � m g d O 0. 0 N + ►� U ? C., F e r/� r l 7ldaxrk fn SNO"k alD �' ap N ebV N O ! O C O '--- D i i a � X C d CL 3 C CD ' E � U m 225 PRICE SUZANNE ANDERSON XHIB"W TEAM US ARMY CORPS/ENGINEERS US FISH &WILDLIFE SERVCE :REPT OF COMMERCE ATTN REGULATORY BRANCH 510 DESMOND DR SE #102 OWTH MGT SERVICES PO BOX 3755 LACEY WA 98503 PO BOX 42525 SEATTLE WA 98124 wfwoctap(a),fws.gov OLYMPIA WA 98504-2525 suzanne.l.anderson(a)usace.army.mil reviewteam@_commerce.wa.gov DEPT OF ECOLOGY NATURAL RESOURCES CVN SVC WA ST DEPT TRANSPORTATION SEPA UNIT 941 POWELL AVE SW STE 102 PO BOX 47300 PO BOX 47703 RENTON WA 98057-2115 OLYMPIA WA 98504-7300 OLYMPIA WA 98504-7703 rob,ryan�wa.usda.a sega register(7a.ecy.wa,qov ov hgcustomerservice(cDwsdai.wa.gov LAURA ARBER(saltwater) LARRY FISHER(freshwater) PUGET SOUND PARTNERSHIP WDFW REGION 4 OFFICE WDFW AREA HABITAT BIOLOGIST 210 11'r" AVE SW STE 401 16018 MILL CREEK BLVD 1775 12 AVE NW STE 201 OLYMPIA WA 98504-0900 MILL CREEK WA 98012-1296 ISSAQUAH WA 98027 laura.arber dfw.wa.gov Iarry.fisher dfw.wa.gov info(a�gsq.wa.gov RAMIN PAZOOKI JAMEY TAYLOR WA NATURAL HERITAGE WSDOT SOUTH KING COUNTY DNR SEPA CENTER DNR PO BOX 330310 PO BOX 47015 PO BOX 47014 SEATTLE WA 98133-9710 OLYMPIA WA 98504-7015 OLYMPIA WA 98504-7014 ram in.pazooki(a)-wsdotwa.gov sepacenter(dOnr.wa.gov sepacenter&dnr.wa.gov DEPT OF ARCHAEOLOGY & DEPT OF FISH AND WILDLIFE WASH ENVIRON COUNCIL HISTORIC PRESERVATION PO BOX 43200 1402 3RD AVE STE 1400 PO BOX 48343 OLYMPIA WA 98504-3155 SEATTLE WA 981 01-21 79 OLYMPIA WA 98504-8343 sepadesk dfw.wa.gov wec(cDwecprotects.orq spa@dahg.wa.yoy PSRC ATTN SEPA REVIEW BRANDON REYNON GROWTH MANAGEMENT DEPT PUGET SOUND CLEAN AIR AGENCY PUYALLUP TRIBE OF INDIANS pscleanc�ir.1011 WESTERN AVE #500 1904 3 RD AVE STE 105 3009HISTORIC ORT AND PRESERVATION DEPT SEATTLE WA 98104-1040 SEATTLE WA 98101-3317 TACOMA R AND AVE eharris .nsre.ora sgp�c� org 98404 brandon,revnon()puyallugtribe.com MUCKLESHOOT INDIAN TRIBE LAURA MURPHY DENNIS LEWARCH FISHERIES DIVISION TRIBAL ARCHAEOLOGIST THP OFFICE ENVIRONMENTAL REVIEWER MUCKLESHOOT INDIAN TRIBE SUQUAMISH TRIBE 39015 172ND AVE SE 39015 172"D AVE SE 18490 SUQUAMISH WAY AUBURN WA 98092 AUBURN WA 98092 SUQUAMISH WA 98392 karen.waiter�a muckleshoot.nsn.us laura.murphy(�muckleshoot.nsn.us dlewarch4supuamish.nsn.us MASTER BUILDERS ASSOC KING CO TRANSPORTATION KING CO ROADS DIVISION 335 116T"AVE SE 201 S JACKSON ST KSC-TR-0815 COUNTY ROADS ENGINEER BELLEVUE WA 98004-6407 SEATTLE WA 98104 155 MONROE AVE NE dhoffmanL@.mbaks.coml-iarold.taniQuciii(�)kirigcounty.gov RENTON WA 98056 maint�roads(a7kingcounty.gov FORTERRA PORT OF TACOMA TINA VASLET KING COUNTY OFFICE ENVIRONMENTAL DEPT PIERCE TRANSIT 901 5T" AVE STE. 2200 PO BOX 1837 PO BOX 99070 SEATTLE WA 98164 TACOMA WA 98401-1837 LAKEWOOD WA 98496-0070 info(a)-forterra.oM iiordan(o)portoftacoma.com tvaslet a@piercetransitto!�g PERRY WEINBERG GARY KRIEDT PIERCE CO PLNG & LAND SVCS KING COUNTY TRANSIT DIV 2401 S 35T" ST #2 SOUND TRANSIT ENV PLANNING MS KSC-TR-0431 TACOMA WA 98409-7460 401 S JACKSON ST 201 S JACKSON ST aclark Aco.Pierce.wa.us SEATTLE WA 98104-2826 SEATTLE WA 98104-3856 perry.weinberg(U 9 ndtransit.orc� > gary.kriedt&kinccaunt _gpy SAM PACE SOUTH KING COUNTY EARTHCORPS SEA/KING CO ASSOC/REALTORS REGIONAL WATER ASSOCIATION FRIENDS OF THE HYLEBOS 29839 154TH AVE SE 27224 144" AVE SE 6310 NE 74TH ST STE 201 E KENT WA 98042-4557 KENT WA 98042 SEATTLE, WA 98115 sampace(a-)concentric.net customerservice a.wd111.com infoaearthcorps.ora EPA DAVID KORTHALS - KC DEPT OF ASSESSMENTS ENVIRONMENTAL REVIEW SEC METRO TRANSIT 500 4TH AVE RM 700 1200 6TH AVE MD-126 201 S JACKSON ST KSC-TR-0413 #ADM-AS-0708 SEATTLE WA 98101 SEATTLE WA 98104-3856 SEATTLE WA 98104 david.korthals cr.kingcounty.gov epa-seattie(a)epa.gov assessor.info(&kingcounty.gov plansreview@kingcounty.gov OFFICE DRINKING WATER ATTN NEWSROOM FEDERAL WAY MIRROR ENV PUBLIC HEALTH DIVISION TACOMA NEWS TRIBUNE 31919 15T AVE S STE 101 WA DEPT OF HEALTH 1950 S STATE ST FEDERAL WAY WA 98003 deborah.iohnson(abdoh.wa.gov TACOMA WA 98405 editor(a)federalwaymirror.corri news tips&Lhenewstribu ne.com SOUTH KING FIRE & RESCUE FW CHAMBER OF COMMERCE BRIAN ASBURY 31617 1 ST AVE S PO BOX 3440 LAKEHAVEN UTILITY DIST FEDERAL WAY WA 98003 FEDERAL WAY WA 98063 PO BOX 4249 chris.cahan&southkingfire.ora rmartinOa.federalwaychamber.com FEDERAL WAY WA 98063 basbury(7lakehaven.org CITY OF TACOMA SUE TIMM 747 MARKET ST CITY OF AUBURN CITY OF MILTON TACOMA WA 98402-3769 25 W MAIN ST 1000 LAUREL ST sllirley.schultz@ci.tacoma.wa.us AUBURN WA 98001 MILTON WA 98354 jmagoon@cityoftacoma.org ksnyder(a7auburnwa.gov stimm(cD-citvofmilton.net bport@cityofm ilton.net CITY OF PACIFIC CITY OF BURIEN BUILDING & PLANNING ALGONA CITY HALL 415 SW 150TH ST 100 THIRD AVE SE 402 WARDE ST BURIEN WA 98166-1957 PACIFIC WA 98047 ALGONA WA 98001-8505 chipd@burienwagov Idodge(a�ci.pacific.wa.us kenf .alganawa.gov SusanC(o-burienwa.gov JENNIFER WOJCIECHOWSKI CITY OF KENT CITY OF EDGEWOOD FWPS ECON & COMMUNITY DEV 2224 104TH AVE E 33330 8TH AVE S 400 W GOWE ST STE 300 EDGEWOOD WA 98372-1513 FEDERAL WAY WA 98003 KENT WA 98032 cityhall(a)cityofedgewood.org iwoiciec(D-fwps.orq planning(d)kentwa j_qy darren(a)cityofedgewood.orq CITY OF DES MOINES CHASE WAKEFIELD (SALEM LAND) STEVE FRIDDLE TH BP OLYMPIC PIPE LINE CITY OF FIFE 21630 11 AVE S 39TH ES MOINES WA 98198 600 SW ST 5411 23RD STE DES rop��uesmoineswa.8au RENTON WA 98057 FIFE WA 98424 chase.wakefield@bp.com sfriddle a)roffife.org JAMES IRISH KENT HALE MIKE BULZOMI SOUND TRANSIT SOUND TRANSIT SOUND TRANSIT al mes.irish(ccr)soundtransit-orq kent.hale soundtransit.orq niike.bulzomi@soLindtransit.org KATY GIBBS [USTs] DEPT OF ECOLOGY/ HAZARDOUS CHAR NAYLOR WASTE & TOXICS REDUCTION ASSISTANT HABITAT DIRECTOR 3190 1601H AVE SE WATER QUALITY PROGRAM MGR BELLEVUE WA 98008-5452 char.naylor _uJltribe-nsr�.com katy.gibbs(a)ecy.wa.qov NE TAC NEIGHBORHOOD COUNCIL CENTURY LINK COMMUNICATIONS 747 MARKET ST RM 900 23315 66T" AVE S TACOMA WA 98402-3793 KENT WA 98032 JERRY STEELE BPA TER 3 WA DEPT OF NATURAL RESOURCE COMCAST CABLE COMM 28401 COVINGTON WAY SE PQ BOX 47015 4020 AUBURN WAY N KENT WA 98042 OLYMPIA WA 98504 AUBURN WA 98002-1315 OSP ENGINEERING WA/OR/N. ID KRISTI KYLE LAND USE SVC KCDDES AT&T CABLE MAINTENANCE 35030 SE DOUGLAS ST #210 PSE REGIONAL STRUCTURE 11241 WILLOWS RD NE STE 130 SNOQUALMIE WA 98065-9266 PO BOX 97034 REDMOND WA 98052-1009 BELLEVUE WA 98009-9734 228 -p Vl = d r T W a N o, D EE 2 0 mo- v Ni2 CD mLo i ) •� (1) �4 a� U) 00 ca o a a o c v U �, v N 0 � � t O c �cn E .` a �vt o cm CU E U Uj CO (n cn > N fc u w a (,) � � o o (n Z �z cu � N W J Q I I C r g � y Cb to �o rs � cc LL y -- '� - co C • cm ■ M in m � I � c • r d to -- � • y p Ln M C/3 OC r x � 3r CL ro O vb �l BUY o N n s30 A N cn RS Q. � c dry. E f`0 C L J � `cr SO 3 CL E 6- 0 0 N Eo a� a� = cc N :3 -0 E 2 CL V s z 0 m w 0 o 0 0 o m O 0 Q e- c'i vi 4 wi r T� LL V� � m f.�{ m (� E y a � a @.y � N Or� ON x x O N 4T � U N �r co Q cl r N N �Q1 N O N '40e E O U o 230 MILTON ROAD AREA LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT AND REZONE Date Event EXHIBIT 2017 COMPREHENSIVE PLAN AMENDMENTS SELECTION PROCESS June 21,2017 Planning Commission Briefing • Six citizens in the Milton Road area submitted applications for comprehensive plan amendments for the 2017 Comprehensive Plan Amendment Cycle. • Mark Johnson,Pam Otteson,Rick Beard,and Visnou Dararak requested a change from Single Family Medium Density Residential,RS 35.0(one unit per 35,000 square feet)to Single Family High Density Residential RS 7.2,(one unit per 7,200 square feet).Larry Neether and Arnie Ellingson requested a change from Single Family Medium Density Residential,RS 35.0 (one unit per 35,000 square feet)to Single Family High Density Residential RS 5.0, (one unit per 5,000 square feet). July 10,2017 Selection Process to LUTC. July 18,2017 Selection Process to City Council. At the end of the public hearing,the City Council gave staff direction to contact the other property owners with RS 35.0 zoning to find out whether they would like to join in with the six requests. September 8,2017 Staff notified the other 11 property owners in writing and gave them until September 29,2017,to respond.No one responded by the deadline. 2017 COMPREHENSIVE PLAN AMENDMENTS FORMAL REVIEW PROCESS September 28,2017 The six requests were presented to the Development Review Committee(DRC). October 4,2017 Public Notice sent to the paper for SEPA and Planning Commission Public Hearing. October 5,2017 Sites posted for SEPA and Planning Commission Public Hearing. October 5,2017 Public notice boards posted for SEPA and Planning Commission Public Hearing. October 6,2017 The 300 foot notification for SEPA and Planning Commission Public Hearing. October 6,2017 Notice for SEPA and Notice of Planning Commission Public Hearing published in the Mirror. Week of Three property owners indicated an interest in joining in with the requests. October 8,2017 October 20,2017 The 14-day comment period ends. October 25,2017 Planning Commission Public Hearing.The Planning Commission concurred with the Mayor's recommendation of denial of all six requests on the basis that approval could be construed as spot zoning and would not be consistent with housing-related goals and policies in the comprehensive plan. However,if all of the parcels designated Single Family Medium Density Residential and Single Family(RS 35.0, one unit per 35,000 square feet)were to apply in the future, or if the city were to initiate a legislative rezone for all properties in this area,the Mayor would likely recommend approval of a request for higher density to be determined upon further analysis. November 3,2017 The 21-day appeal period ends. December 4,2617 LUTC Meeting. The LUTC concurred with the Planning Commission's recommendation. January 2,2018 City Council I"Reading.The Council voted to table the request and send it back to the Planning Commission as a legislative comprehensive plan amendment and rezone for all of the RS 35.0 zoned parcels in this area. 231 K:\Comprehensive P1an\2018 Comprehensive Plan Amendments\Planning Commission\Milton Road Rezone Timeline.docx Date Event 2018 COMPREHENSIVE PLAN AMENDMENTS FORMAL REVIEW PROCESS--CONTINUED January 4,2019 Issuance of Determination of Nonsignificance(DNS)pursuant to the State Environmental Policy Act (SEPA). January 18,2019 End of SEPA comment period. February 6,2019 Planning Commission Study Session. February 8,2019 End of SEPA appeal period. February 20,2019 Planning Commission Public Hearing. 232 KAComprehensive Plan\2018 Comprehensive Plan Amendments\Planning Comnvssion\Milton Road Rezone Timeline.docx Z_ (� L O LL `` C D fn U) Z C•� ^ O N U' Z m = o � 0 z N O N F- Q > o ° n a N w LU W m Y U) X L E O V o (ll c rn N N W U U' Y N a� c -_ o .L N > L v L U 2 Z) W a) ami N m s p _ R U) o W U > ±_,ist > n m m rn a Z m oo U �- N x .� a (1 o o o`� C O W W W J N N U a m 1""i F v u m W LL m >, VN m cn UJ J W C� 2 2 Jo Jo D ucL E � >1 � to N rn V J 1 � rn �Z ZH CO 4 , to 4z� / coN � N Q s as Nolm c 0 o CD Y a Q N FEE o _ .._ a 0 T Q ® c V) 21 U 5_ 0 V s�, N 5 •F•+ C/) �1 ro c U) C/) td t � '� a m cQ Efu cr (� /, -N N O LO co ry � O y;. 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Facility locations and conditions C re subject to field verification. 237 Feet 10/11/2018 BIA EXHIBIT FWCP—Chapter Three,Transportation City of Map III - 4 ur or,�t its tbA.r 9 Federal'Nayr.a.•rOAtW 3 Comprehensive Plan Cross Section Application by Street A„S464= ,r�T Cies Kent Moi S PAVw 5M"d a J:r -Way e Legend a®o, ' Planned Street Sections I ;r I - A r K PAA \/B L y. C `_, M G Q H R Milton J T Fite EdgeWood Transp©rtadon Element This map in0ended for Federal Way use �" as a graphical rppreserstation. a a.s , The City of Federal Way makes Miles no warrarsty as to its accuracy- Revised 2015 II1-19 238 r'� o a >_I CO u CO m m _ co �CU + v Cb N LLcoEL Ln c vii O LA O` U N U N Cti7 Sdew* 00 v �! 4N L As' s iN .7 - m - M � o � V1 —BO 0 a � Q fa 7 � ON E O CJ O LL- T C+) tQ � N 239 O � o Q� u N t cmma U IL i5 LL ttA N d 0 N + O # U L V c,a G^ rc� VVf ^�� y-r 9tleMlk ��SlOenelk ` t `) PIe11Pr' � ry SFraWdv n H 06 a C7 4-J c V MR � ca ShWder ,r Piae ;,, SIdPMeIIt CA X 0 M V Q C N a o cc CS p I <Q d N Il 240 > = O p m '} a c a an t U Ln f0 g' tA V1 _-� 0 LL LA&A N d 00 N + 0 + U U r�, o V �L in B ��Adartalk _ 'r � SEerrrk • �a J a co s ca 5r D ?4 ro Ln c p 0 ' 4 _ _.. PlniRr V) N � _ 5�1.�dk n v 1 21.5 V a Q i c cp 2 a� c /R a> 1 V r C p a E V o �, cv m U 241 Ln x Ill '"' rn J t/7 J Q LL d � a— f1 tA N + \ O + 16- u�{ V lC, t 0 �1�n^ l yJ e a� a y4zik Zn S;dawafk '`��•j �••;-- ql Planter 7 A � bD —Y i 06 ry � ry b N � 0 c a A OLc 1 0 ''yt Sdewik .4 U3 �^ 3 .3n - v 0 X u c m n c d c a� t O a� Q o m v L- 242 p EIBVcir�f Ma IAC - 1 . Federal Way 2.a..►w.,,vx�aus Comprehensive Plan Aquifers tI Kent oines s . A"Souwd Federal Way 5 86Ji g= < Fedgrai $ rt 3Y Et P�f \. ry Sw It% 2OW 1t S320 All �PIt�1l crt��aa �336U9a Tacoma 4 >;•�� A MY F.A k �SW35� a Legend City Lin-its o Potential Annexation Area A16 Aquifers F OV Deep Aquifer r `J Eastern UplandAqukfer 8 +M Mirror Lake Aquifer i Redondo/Milton Channel Aquifer FifeID Edgewood !Natural Environment Element Federal Watt This map is intended'Fvr use j '�: " as a graphical representation. a a.s The City of Federal Way makes ;'w++'•Mr'f:0'�'L`L WtY�hwr:-s�:.,,•r�71i►,r Mgy'r•3..1�+r-a! Miles no warranty as to its accuraoy. 243 EXH - IT C , f Map IX - 2 FO*X10 W* QwdMmkw ����* Federal Way 2S54d 7w""""°`" Comprehensive Plan Aquifers & Wellhead Capture Zones ��..�.,r� S Kent ones 0 Y f1 V 1 7 �, 5 3B8iti 5t Way rn 2d►1► st PA.A. ►Y " M� a Au s::12 h Ia.A Ye Pw" ry 1 Gtnh� 9 336th 5e --�. Tacoma $ 1480 St a tar Sw 15616 PA A. 17 4 f Legend o Cb:1mts Wefldead Capture Zoma CT PVfieriiaf.Mnexetkn IV[s 8 Nbew s AgutNi8 1 Year 4 A#Deep;-.caner 5 Year > A OW intem VvtwYJ Aqutfor 11)leer M 3.&Xe1wUftr 1007e ReaanaaMtecn ��� Edgewood Natural Environment CITY QF Element Federal 'Way This map is intended for use G mak: { as a graphical representation. © 0.5 The City of Federal Way makes Miles no warranty as to its accuracy. C of Map IX - EXHIB_ f T1s ,t,, dfamwr wp Pederast way Areas Susceptible to X31ft A.WApSatJ3 Comprehensive Plan Groundwater Contamination Tuts map canxtic:esisbr 9 OW024.%Qa"s and depth b groutdualer YrR.rmatlo411n e5'maie # the ocAdan cesrea.:'OIICM mnlanrnation may readttf er+rlar Woundu�trrr_ Ss DW�%e 1%fQ Kent communZale tP*awnidmale iacae m wd arms extend of geologic canditr&In Ine greater De's Federal Way 3M'aaorMt-tothe lnboducdanYcxrnfarrtnaMtogrounSmVer. INsmapdoes ������ 5 5r not depict aQUf—recharge areas_it Is hilmded for PW-ftft pUrpaxnt's s on?f ariot punranfred b eYhM actufate IntUrnatbR t nd rase twist%++Quid be based on sNrpecifc dad. aye � k1w 5ofindl ," 1 r .y 9 28llrlr'u i 1 w Federal Wayrx{a 330/1,,,8 rid w• 4k FFdJdI ��. SiM 712t6 St a'21h ZF MY PA.A. qm aw 32+lM bf. :S 34rr+ n Au 3Y FV£tRUx4Brdf '114th y q# a u \ Sym 5 33511 3t xK C, Tacorna ` 0x VV y BW PAA. 5 ,. Legend I =C-Ay U-Mitts 4 �f if O Patental Annexation Area R Groundwater Contamination Susceptibility_ Low,rilsceptibility Medium Siscep*ility Milton Fite i3 Edgewood Natural Environment rY 13F Element fir,G. Federal Way a This map is intended for use �: r# as a graphical representation. o t The Cityaf Federal Way snakes I M45 no warranty as to its accuracy. EXHIBIT City Of Map V1-4 Federal Way =","" Comprehensive Flan Major Parks and Open Spaces D Kew Des Mair 1r t Ngto Sound 1' Pol CaNfial Pa•r=.rly �•t.�., r Bay Oran Spa�9 ParkOwn C Fear K. b ugvare Ls 4Vay p Park�.•� PA-A j G�laer�tlan -� PCR ;f f 1Y nF1" Panther r Park Lake Jgen ,agh spice Slg ?irk r�hivi 1� ,rpm 1 � ry..._sr nn.tr. Fezfera/ �uth '• ( } - "Y o{y \ PA.A. 9a�pfHfOa j� rt� ri t F A.-M11a� a.trk Legend - . city Limits Federal'J'=iay Potential Annexation Area Milton x Ctfii• State:arid Dounty Parks rah Edgewr50d )pen Space +� Capital Facilities; Element [1TY or A. Federal I Way This neap is intended for use 3 - as a graoical represel)tation. The City of Federal Way makes uCd6tc m7.a=s.:1;_'cl sC7_ n xi no warranty as to its accuracy. Tina Piety E'XHi T From: Genipher Owens <owens@workerlaw.com> Sent: Thursday, January 10, 2019 1:28 PM To: Margaret Clark Subject: RE: Site Specific Requests for Zoning Changes - Milton Rd. S and Regency Woods Div. 2 Thank you very much, Ms. Clark for the information and the voicemail. I will reach out to Mr. Perez with any traffic related questions and review the checklist you attached. Very best, Genipher From: Margaret Clark [mailto:Margaret.Clark(&cityoffederalway.com] Sent: Thursday, January 10, 2019 12:24 PM To: Genipher Owens Subject: RE: Site Specific Requests for Zoning Changes - Milton Rd. S and Regency Woods Div. 2 Good afternoon Genipher, Please find attached an environmental checklist. If you have questions on traffic, you can call Traffic Engineer Rick Perez at 253-835-2740.Transportation is discussed on pages 16-18 and note the response to Question 15 on page 18 about no response from the School District. Margaret H. Clark, AICP Principal Planner A Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2646 Fax: 253/835-2609 www.cityoffederalway.com From: Genipher Owens [mailto:owens wor,,erlaw.com] Sent: Thursday, January 10, 2019 11:36 AM To: Margaret Clark Subject: Site Specific Requests for Zoning Changes - Milton Rd. S and Regency Woods Div. 2 Good morning, Ms. Clark: I received notice in the mail to my home address at 37313 17th Ave. S. of the City's intent to rezone the above referenced area from a Single Family Medium-Density Residential to a Single Family High Density Residential. I am curious how this rezoning will impact public school enrollment and assignment, and what the City intends to do to manage the increase in traffic resulting from the rezoning, and if that plan (if any), considers the arready problematic Wild Waves patron traffic throughout the year. Any information you can provide would be greatly appreciate. 247 Sincerely, B A R N A R D ENIPHER OWENS I Senior Paralegal N�'t I G L I'1"Z I N & DIR: 206.257.6018 FAX: 206.378.4132 .! L A VI T T LLP 8 West Mercer Street, Suite 400, Seattle,WA 98119 This communication is intended for a specific recipient and may be protected by the attorney-client and work-product privilege. If you receive this message in error,please permanently delete it and notify the sender. 248 Tina Piety From: TRAVIS GEVING <tgeving@comcast.net> Sent: Saturday, January 12, 2019 9:58 PM To: Margaret Clark Subject: Rezoning project on Milton Road Hi Margaret, I am writing to voice my concern regarding the signage posted in our neighborhood (Brittany Lane/Regency Woods) referencing the rezoning of land for high density homes. My main concern about the rezoning is planning to "Punch through" 19th Way to connect to Milton Road. This is completely unnecessary and would create an adverse effect on the housing developments of Regency Woods and Brittany Lane by having to burden the predicted 4 to 5 times more traffic in our neighborhoods as of a result of connecting 19th Way to Milton Road. The homeowners on 19th Way would be dealing with 45 mph traffic racing through their "neighborhoods" as the excess traffic are off to work or on their way home in a 25 MPH zone. Not to mention the high amount of dump trucks which will tear up our roads. If this poor decision to punch through the road is done, the city owes the neighborhoods some good will. The city will need to install speed bumps on 19th Way to discourage people from using it as a shortcut to HWY 161. The city will need to increase police patrol in our neighborhood as the increased traffic will definitely increase the speeds and will also need police to patrol the private park. The new homes built on the rezoned land will have direct access to Milton Road and cut through access to highway 99 and there is no reason to use the 25 year established neighborhoods with a private park on 19th as their personal drag strip. By punching through the road our now private residential park will be on a main street which will make the park less safe for children and harder to monitor the restricted access to the park. THis will also will increase the vandalism and of course drug use. Building homes is one thing, but there is NO reason to punch the road through. Above is my major concern as outlined, and as a 20 year resident of Federal Way, the city's vision and planning is having other major effects on the quality of life in our city. I will outline a few of the issues we are having as a city as a result of the decisions being made by our leaders. Is it the city's job to cram as many people as possible into the city limits? Enough is enough!!! It takes 30 minutes to get from one side of FW to the other due to the awful amount of traffic in our city. Stop cramming more people into tight spots. Park 16, the monstrosity across from Safeway on 320th, and now the new complex off military on 320th.....holy smokes, what is the benefit we get as a city for this.....my guess is we get subsidized $$ from Seattle to take their low rent projects and move south so they can tear theirs down and build upon their city's infrastructure.,I say keep the money, we don't need the headache that comes with it. Have you heard of public education? Many people decide to live where the schools have great reputation. Well, strike two Federal Way...l know of more and more people leaving the school district 249 because of the low quality of teachers, Many of our best have left not willing to teach in our district because of the lower pay and the 'crap' they have to deal with. Have you heard, I read it in the Mirror monthly. THE SCHOOLS ARE OVERCROWDED!I!I!!!!M So let's build a new 250 unit condo off Military and all the students will go to Lake Dolloff.....real smart planning....NOT. Why don't you ask the former Principal at Rainier View Elementary what building Park 16 did for the culture and climate of that school. Overcrowded, teachers leaving, what happened at that school is unconscionable. And now you want to rezone the land on Milton Road so you can send more kids to an already overcrowded Rainier View Elementary. Have you been to that school lately? They have portables in the front of the school and on the play ground. Sequoyah and Todd Beamer High School have gone down hill drastically as well since Park 16 was built. I have spoke with many businesses in the region, Fred Meyer and Safeway on 320th, increased crime. Go talk to them. The chevron near 356th has a sign on the door, no backpacks in the store. Other small businesses on Pac Hwy are seeing increased begging and crime. I don't even want to send my kid to the movies on a Friday night....Go to Mod Pizza one evening and see if you get asked for money on the way in or out to your car, I'm 9 out of 10 times having that happen to me. So, rather than shop in FW the residents go to South hill or the Outlet Collection in Auburn, bye bye $$$$ and business. Not good for the city. Our little league was sent an e-mail from the city last year about bathroom use at Celebration Park, don't let your kids use the bathroom with out an adult because of the vagrancy and drug use. Thank you for letting us know, that was kind and when you grow up in Federal Way it is the new normal for raising your kids. It is a good practice anyway. But how pathetic and sad. But, let's keep stacking people upon each other and then wonder why we can't get businesses to open up shop in FW. Lets spend our money on improving what we have and not spend it on rezoning so we can cram more people, more crime, more traffic into our city while we drive out businesses. Have you driven down Milton Road on a Friday at 5:00pm? Why don't you look at the traffic. If you have a plan in place to fix the traffic problem that we already have and to fix the traffic that 250 more homes will bring then I'm ok with you rezoning. But to punch through 19th Way that will lead to Milton Road isn't helping anybody. If this happens, then you will need to make sure the road is fixed (currently, sink holes already in front of the park), and you will be receiving phone calls to the police department every time I see a speeding car or someone at our park that doesn't belong. This is a SAFETY issue, so be prepared! Thank you, Tina Geving 250 Tina Piet From: Brett-Comcast<brett.thomas@comcast.net> Sent: Sunday, January 13, 2019 1:22 PM To: Margaret Clark Subject: Opposed to Milton Road Rezone Files 18-105523-SE and 18-104618-UP Hello, We are opposed to this rezone as it will negatively impact surrounding neighborhoods inside and outside the City limits. We live in Regency Woods, work in Tacoma, and frequently commute to and from work via Milton Road/51h Ave via Pacific Hwy and Porter Way. During the afternoon/evening commute, Milton Way/5th Ave is severely backed up from Porter Way with southbound commuters avoiding 1-5 South. This backup continues between Porter Way and the traffic light at Pacific Highway. No doubt Waze and other GPS applications route commuters this way. This situation already creates an increased safety hazard, noise and inconvenience for people living in the homes between Porter Way and S 376th. I am especially concerned about children and the elderly walking in this area, and people bicycling on this road. Increased density along Milton Way within the City limits north of S 376th will exacerbate the problem. While it has been planned for some time, connecting S 376th between Milton Road and the Brittany Lane/Regency Woods developments will also negatively impact surrounding neighborhoods. It will create another alternate north/ south route from Enchanted Parkway via 19th Way S through to Milton Road/5th Ave. While this may be convenient for my commute, it will negatively impact the families living in the homes along and around 19th Way, and further exacerbate the traffic-related problems described above for families along Milton Road/5th Ave. In the "Waze Age", people will be routed this way. Therefore, we oppose this change to the comprehensive plan. Thank you for your consideration, Respectfully, Brett & Pam Thomas 3710822 nd Ave S Federal Way, WA 98003 251 Tina Piety From: MIKE & CONNIE <seattlebest@msn.com> Sent: Sunday, January 13, 2019 6:03 PM To: Margaret Clark Subject: Rezone the area south of S. 369th (Wild Waves) and North of S. 376th Street...I VOTE NO!!! Hello M. Clark, My name is Connie Czerwonka. I live at 1605 S. 369th St. Federal Way. My husband Mike and I have lived here since 1995. We have had our cars broken into and our house broken into with a lot of jewelry stolen in that time. I'm afraid if the area gets rezoned to allow multi families the problem will get much worse. I am concerned with the traffic. It's already bad, and the rezone will make it worse. Our former neighbors have complained about exhaust fumes from 15. Imagine how bad traffic will get when Wild Waves is open for the summer and you've increased the number of homes or apartments along Milton Rd. Wild Waves has already made the papers for traffic gridlock. Commuters are already using Milton Rd. as a detour to go around the Fife back up. If 19th way is extended to a through road it will get even worse with people using the short cut in order to go around traffic. Not to mention the local tot lot park is right on that route. We certainly don't want anything to happen to our children. If 19th way is extended Lloyds gravel trucks will use it and pass through our neighborhood on their way to Enchanted Parkway as a shortcut. Our neighborhood streets are not built for commercial traffic. I also can't see speed limits going up in a residential area like this...not good. This entire proposal is a terrible idea and I will definitely be voting against it! If it is passed we are certainly going to be looking elsewhere to live. 252 Margaret Clark .' From: Chris Givens <chrisgivens@outlook.com> Sent: Monday, January 14, 2019 5:58 AM To: Margaret Clark Subject: Proposed Rezone of Area South of S 369th (Wild Waves) and North of S 376th Street I might be wrong but as I understand it about 12 or so years ago WSDOT proposed a new 1-5 exit at S 375th St which both Milton and Federal Way worked together to block. Even if my understanding is incorrect that exit should be part of the traffic mitigation requirements for the proposed rezoning. Thank you, Chris Givens 425-766-8372 253 r�Margaret Clark From: DAVID BLAKE <blakej5887@comcast.net> Sent: Monday, January 14, 2019 6:26 AM To: Margaret Clark Subject: Rezoning Impacting 19th Way 5 We are totally opposed to making 19th Way S. between Brittany Lane and Regency Lane a thru street. We already have semis parking overnight on 19th Way S near Wild Waves. Traffic drives too fast down the hill of 19th Way S. and that is people coming into the neighborhood.You will cause a severe safety problem if this is a thru street. Traffic is so horrible in FW already and you continue to make it worse by changes made that don't improve driving conditions. It is no wonder many of us are considering getting out! Dave and Judy Blake, Regency Woods residents 254 Margaret Clark From: Moses, Kym <moses@wscd.com> Sent: Monday, January 14, 2019 7:10 AM To: Margaret Clark Subject: Rezoning for 26 parcels in the Milton Road area east of I-5 From Single Family Medium Density Residential to Single Family High Density Residential. Ms. Clark, I live in the Brittany Lane neighborhood and have seen the postings and received a letter regarding this developmental plan. I have seen several concerns have already been raised, but at this point, I will reserve my comments or concerns until I hear further from you. Would you please explain what the difference will be? Is a developer planning to put in apartments and condos or more single family homes? The information received thus far seems very unclear. Since all comments must be received by January 18th,2019,your prompt response would be appreciated. Thank you! Kym & Scott Moses 255 Margaret Clark �oi� a From: Mark SPAUR <spaur@comcast.net> Sent: Monday, January 14, 2019 1:35 PM To: Margaret Clark Cc: rvond@comcast.net; suzanne quachang Subject: Re: Traffic Analysis Margaret - The draft traffic analysis assumes that 19th Way is extended through S. 376th Street to the Milton Road. This is not acceptable for several reasons: 1 . 19th Way will become a "minor collector" and traffic will undoubtedly increase on 19th Way. There is a community park on this road with a posted speed limit of 20 MPH. These slow speeds are incompatible with being a minor collector. People will not drive at the reduced speed and create a safety risk for children playing a the community park. 2. The road extension would require crossing through the vonDoenhoff property (parcel # 322104- 9063). The easement required for this extension on their property no longer exists. 3. The proposed route would take the road through a designated wetland. Question - can the City of Federal Way increase the density in the proposed area without this road extension and still meet the level of service (LOS) goals for traffic in the area? Page 15 of the draft impact statement states: 4. Additional traffic generated due to rezoning from RS35,0 to RS5.0 single family homes would not adversely impact forecast 2040 traffic conditions. 5. S 376th Street is a Minor Collector which will be a Type S street and extended to the stub from Regency Woods Subdivision. Milton Road S is a Principal Collector and will be reclassified as a Type K street from a Type P as a part of the rezoning. Traffic at the intersection of the Milton road and the Enchanted Parkway are already intolerable when Wild Waves is operating. I don't see how the additional homes in the rezoned area would not have an adverse impact to traffic conditions. Extending S. 376th Street to the stub in Regency Woods would make 19th Way a minor collector and increase traffic in the subdivision to an unacceptable level. Mark Spaur 37611 17th Pl. S. Federal Way, WA 98003 On January 10, 2019 at 5:57 PM Margaret Clark<Marg_aret.Clarkocityoffederalway.com> wrote: Can be found here: https://www.citvoffederalway.cozxi/node/33 67 Margaret H. Clark, AICP Principal Planner A �.TY M ,- Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2646 Fax: 253/835-2609 www.cityoffederalway.com 257 Margaret Clark From: Mark SPAUR <spaur@comcast.net> Sent: Monday, January 14, 2019 1:55 PM To: Margaret Clark Cc: suzanne quachang; rvond@comcast.net Subject: Corrections to the SEPA checklist for the Milton Road Rezone Margaret - I would like to suggest the following changes to the SEPA checklist: 1. Please change Section B 4) response to "These are non-project actions. However, if future subdivision of the area is proposed, additional environmental studies to analyze impacts on the surface water withdrawals or diversions would be required." 2. Please change Section B 6) response to "These are non-project actions. However, if future subdivision of the area is proposed, additional environmental studies to analyze impacts of waste materials to surface waters would be required." Thanks for your consideration. Mark Spaur 37611 17th PI S. Federal Way, WA 98003 258 Roger and Jayne vonDoenhoff � 1414 S. 376" St. Federal Way, WA 98003-7506 RE: Milton Road Legislative Comprehensive Plan Amendment and Rezone: File #s 18-105523-SE & 18-104618-UP January 14, 2019 TO: Mayor Jim Ferrell Lydia Assefa-Dawson Jesse E. Johnson Susan Honda Hoang V. Tran Mark Koppang Martin A. Moore Dini Duclos Robert "Doc" Hansen, Planning Manager Margaret Clark, Principal Planner Dear Mayor, Council, and Planning Department: We live on a 20-acre parcel at the south end of the proposed re-zone area (north half is property #20 on your map, parcel # 322104-9063), and we are OPPOSED to having this area up-zoned. This is probably no surprise to most of you, as we have spoken out repeatedly in the past. We are speaking as residents who hope to stay here in Federal Way, on this property, after the upzone and any resulting development (as opposed to being absentee landowners, or residents who pian to sell their property and move away). It's wonderful to have a VARIETY of densities in Federal Way, and in particular to have this quiet, peaceful, low-density area with trees and some wildlife. The Comprehensive Plan and the amendment process should not amount to "allow high density everywhere". Spring Valley should remain relatively low density to protect the ecologically sensitive area that it is, including the Hylebos, the wetlands, and the character of the area for the residents. We feel that the Federal Way Comprehensive Plan should draw distinctions between environmentally sensitive areas, where development density should be limited, and less sensitive areas where higher densities could potentially be 259 permitted. The current Comprehensive Plan (Introduction and Section 2.7) identifies Spring Valley as one of two highly sensitive areas that should be limited to Suburban Estates zoning (1 house per 5 acres). Obviously, the current zoning in this area of RS35.0 exceeds that density, and the area is not currently built out to anywhere near RS35.0. What is being proposed would be a HUGE change to what currently exists here, let alone to what is recommended in those sections of the current Comprehensive Plan. We don't like the idea of turning all of Federal Way into high-density residential, all looking pretty much the same. More importantly, we see many problems arriving with the huge increase in density that is being proposed, with traffic being the prime example. There are already huge backups every weekday at rush hour at the corner of 5th Avenue and Porter— although this intersection is not technically in Federal Way, it has a big impact on the full length of Milton Road South / 5th Avenue and backs up into the proposed rezone area. Wild Waves traffic also creates huge backups at certain times of day during the summer months and other times of year. The potential addition of approximately 318 or 467 new residences in this area with the associated vehicles would create an unbelievable traffic problem. In addition, there are dangerous curves in Milton Road South toward the north end of the proposed rezone area. The City's traffic analysis assumes that S. 376th St. can be "punched through" the middle of our 20-acre property to mitigate some of this problem. There are several reasons why this is not feasible: 1) The City and County no longer have a Right-of-Way through our property to punch the road through, it was vacated in 2015 — see enclosed (for paper copies) or attached (for electronic copies) Stipulated Judgment. 2) Punching the road through would cut our 20-acre property in half, making the south half essentially unusable for us. 3) The assumed road would run about 20 feet from the south wall of our house, making our home and yard unlivable. 4) The assumed road would run through the middle of the wetland on the east edge of our property. 5) The assumed road would route large amounts of traffic right next to a children's playground and through the Regency Woods and Brittany Lane developments, which are currently very quiet neighborhoods, and those residents vehemently object to such a dangerous change. It would also 260 route that same traffic right past the Meridian at Stone Creek assisted living center, where many elderly people walk. We sincerely hope that you will vote against this proposed change to the zoning in our area. This would still allow the potential for the area to be built out to the current zoning limit of RS35.0, with the potential addition of approximately 49 new residences. - However, in spite of all the concerns we have cited above, having watched the process to date, we are concerned that it may already be a foregone conclusion that this area will be up-zoned. With several landowners in favor of it for economic reasons, and with the pressures on the Council and the Planning Division to accommodate population increases, it seems as though it's considered inevitable for all areas to migrate to higher densities in spite of all other considerations. If that is the case, we URGE you to PLEASE consider up-zoning this area only to an R515 designation, rather than the RS7.2 or even RS5.0 designation that is currently under consideration. Increasing the number of residences from 21 to potentially 339 or even 488 would be such a huge increase that it will overwhelm us in many ways. A designation of R515 will still allow approximately 141 new houses to be added, and will still result in large traffic and other problems, but at least it will be slightly more manageable and a slightly more tolerable. Thank you for the opportunity to comment. Roger and Jayne vonDoenhoff 1414S. 376 th St. Property #20, Parcel # 322104-9063 261 Name&Return Address: JANE KOLER 6659 Kimball Dr., Suite B-201 Gig Harbor, WA 98335 015 605000116 - PAGE 001 OF 010 .00 05/05/2015 10;31 KING COUNTY, WA Please print legibly or type information. Document Title(s) STIPULATED JUDGMENT/ORDER QUIETING TITLE Grantor(s) KING COUNTY WASHINGTON Additional Names on Page of Document Grantee(s) S. Jayne vonDoenhoff, Donna S. Best,Joanne E. Jones, Sandra J. Kramer, and Terri A. Miller Additional Names on Page of Document Legal Description (Abbreviated: i.e.,lot, block&subdivision name or number OR section/totivnsbip/range and quarter/quarter section) Section 32, Township 21 N, Range 4 East, Willamette Meridian Complete Legal Description on Page 6 _of Document Auditor's Reference Number(s) Assessor's Property Tax Parcel/Account Number(s) 322104-9063 and 322104-9162 The Auditor/Recorder will rely on the information provided on this cover sheet. The Staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party (Required for non-standard recordings only) Gpeovst.doc rev 4/02 262 HONORABLE TANYA THORP I� I IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 'ROGER vonDO:ENHOFF, a married man, No. 142-32707.2 KNT and S.JAYNE vonDGENHOFF, a married STIPULATED JUDGMENT AND woman, and their marital community, ORDER QUIETING TITLE DONNAS. BEST, a single woman, JOANNE E. JONES, a married woman as [CLERK'S ACTION REQUIRED] her separate property, SANDRA J. KRAMER, a married woman as her separate property, and TERRI A. MILLER, a married woman as her separate property, Plaintiffs, V. KING COUNTY WASHINGTON, a municipal corporation formed under the laws of Washington State, Defendants. STIPULATED JUDGMENT.AND ORDER QUIETING TITLE 1 1. This Stipulated Judgment and Order Quieting Title adjudicates a dispute LAND USE&PROPERTY LAW,PLLC 6669 Kimball Or",SuHe 6-201 Gig Harbor,WA 98335 (253)853.1806 Stipulated Judgment Quieting Title—1 Jana Koler—Mark Adams of Counsel 263 between Plaintiffs ROGER vonDOENHOFF, a married man, and S. JAYNE vonDOENHOFF, a married woman, and their marital community, DONNA S. BEST, a single woman, JOANNE E, JONES, a married woman as her separate property, SANDRA J. KRAMER, a married woman as her separate property, and TERRI A. (MILLER, a married woman as her separate property, (hereinafter"Plaintiffs") by and (through their attomey of record Jane Ryan Koler, and KING COUNTY WASHINGTON, �a municipal corporation formed under the laws of Washington State, (hereinafter"King County") by and through their attomey of record Senior Deputy Prosecutor John Briggs, (the "Parties"), (hereinafter"Stipulated Judgment"). 2. This Stipulated Judgment adjudicates claims and counterclaims asserted in vonDoenhoff, et al. v, King County; King County Superior Court Cause No. 14-2- 32707-2 KNT. 3. vonDoenhoff v. King County addressed an action seeking to have this Court extinguish any interest of King County in a portion of a sixty-foot wide strip of property located on Plaintiffs' property(hereinafter "Quiet Title Area") created by a January 30, 1933 Order of Establishment that created a right-of-way known as the ,Milton Extension Road, as well as Ringwood Road or South 376th Street. 4. The Quiet Title Area is located in unincorporated King County on the southern thirty-feet of King County Parcel No. 322104-9063 (the north parcel), and northern thirty-feet of King County Parcel No. 322104-9162 (the south parcel). The two parcals are described with particularity in Exhibits 1 and 2 respectively. The sixty-foot right-of-way subject to the 1933 Order of Establishment is described with particularity in I LAND USE& PROPERTY LAW,PLLC 6659 Kimball Drive,Suite B-201 _Gig Waftr,WA-983-35 - Sti Stipulated Judgment Quieting Title—2 (253)863-18063dams P 9 9 Jane Koler-- Mark Adams of Counsel 264 'Exhibit 3, Exhibits 1, 2, and 3 are incorporated herein by this reference. 5, The sixty-foot wide right-of-way within the Quiet Title Area was not dedicated in a plat nor conveyed to the County by deed. King County failed to open a county road for public use within the Quiet Title Area within a period of five years after the King County Board of Commissioners adopted the Order of Establishment for the Milton Extension Road in 1933. 6. RCW 36,87.090 and its predecessor, Chapter 12 §6510 Remington's Revised Statutes(1932), are non-user statutes that bar the County from developing a ,road on any property designated for establishment of a County right-of-way, if the road remains unopen and undeveloped for five years after the order authorizing creation of the road_ 7, Chapter 12 §6510 Remington's Revised Statutes (1932) stated: , Vacation of County Road by Nonuser Any county road or part thereof which has heretofore been or may hereinafter be authorized, which remains unopen for public use for a space of five years after the order is made or authority granted for opening same, shall be and the same is hereby vacated and the authority for building the same barred by the lapse of time... 8. The sixty-foot wide right-of-way within the Quiet Title Area, pursuant to the authority of the Nonuser Statute (Chapter 12 §6510 Remington's Revised Statutes (1932)), was vacated by operation of law on January 30, 1938, 9. This Court declares that King County's interest in the Quiet Title Area on Plaintiffs' property has been extinguished as a matter of lave pursuant to the Nonuser LAND USE A PROPERTY LAW,PLLC 865.9.Kimball Drive,Suite 8-201 Gig Harbor,WA 98335 (253)853.1808 Stipulated Judgment Quieting Title—3 Jane Kolar—Mark Adams of Counsel 265 Statutes, and that pursuant to the Nonuser Statutes, title is quieted in Plaintiffs to the following described property: THE SOUTH 30 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH THE NORTH 30 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT Ii THE WEST 20 FEET THEREOF. I 10. The new legal descriptions of Plaintiffs' property that incorporates the sixty-foot wide strip is attached as Exhibit 4 which is incorporated herein by this reference. 11. This Stipulated Judgment shall be recorded with the King County Auditor and shall run with Plaintiffs' property and bind successors in interest. i12. After the parties have signed this Stipulated Judgment; Plaintiffs shall present it to the King County Superior Court judge to be signed, and then the executed Stipulated Judgment and Order will be recorded with the King County Auditor. All claims articulated in vonDoenhoff v. King County, King County Superior Court Cause No. 14-2-32707-2 KNT, will be dismissed with prejudice. 13. Each party shall be responsible for paying their own costs and attorney fees. LAND USE 8 PROPERTY LAW,PLLC 6659 Kimball Drive,Suite&201 Gig Harbor,WA 96335 (253)853.1806 ISlipulated Judgment Quieting Title—4 Jane Koler—Mark Adams of Counsel 266 ENTERED this °1 day of 2015 Judge LAND USE&PROPERTY LAW, PLLC Jane R K ler, WSBA No. 13541 LAK 'e far nHffs (KING COU c JqKnr. Briggs, W A# i tto iey for Daf den LAND USE d PRQPERTY LAW,PLLC 9859 tomw 0m,5uke 8-201 Mg Hodes,WA 88335 853-1 BOB ISlipulaled Judgmenl QWadng Title—S (te)kAdamu Jane Kolar—(M) Adas of Counsel 267 ON.; Courity 1 t. 5e6,d c6an —7Home How do'l servicer. ,4 Hing County Department of Astw,;,,monts tis'nl�:Aae.na»'l4aup>v�ay.7frw+»�t�i�Lk�a:M .. _.•: . . .. • �r,e,�aaam �•�,.g 1n�l�ar llaaa; � nsteranae 6> 11RR•VJ1 nksf fiQuadb1t emc4l6. r4rwt 332104 0043 -- - cam S.olket.ln0 Suft ADM N—bq, La.is cpOFl Nrmr V177rO0ENHDrF S JAYNE iYBtY1P.t Addrou 1414 S 376TH ST D6603 Yi 01667 Fd Fd NE 114 OFNE 114OFSE 124LFS5N30FTiLESSW26FT 7GWSE 1140FSE V4OF NE IMALL.IN >W eLn.I SIC 32.214-PORTION LY N Of FE Of PAL WAY CITY 80UNdWY U7 t LY WTHIN CrTY LIMITS l�CrSI�T»N A.drr�x (SEGtREWMD FOR TAX PURPOSES ONLY-SEE PCL ri72104.9162) P Wa Nlgxnal I�[e TEL'306- 3M F F�VC?3[W Yeer bull[ 1456 �BTG'Lll>.1��+� If '463167 TPi � 47Y0 I T'n'i206 N06 Good (eUrnJ CAMrWe L420354 l Rf 1 Vkwe ---- No A,anen/s,t:dL�»ext Welsrirorf[ R154M�$CS99 &crs�7fa.RAkr ��S 1 r Turwvl and 4'Mt 4- L'Su-222913= sx Y"r.201E L.6ay Cod-:1205 Tab I L evy Ru ti:f 14,1%01 'fbtal S*o*n 1Bila:(7.12473 i 1 t--•—-Fee 11.7V1S,17A7% Sdu�l 141 011 45 I Oti ' 1trv7.&6W76 154% Ex9 0.x'W'217, rlad 0 t=0101 1 I .U— Furse 294114 14 10% a, o 1 las I 1i 17�. 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Attachments: 20121221_LIDmanual_FINAL_secure.pdf Margaret - The City of Federal Way worked with many other local agencies and Earthcorps to write the Hylebos Watershed Plan. You can download of copy of that plan here: https://www.earthcorps.orq/ftp/ECScience/Hylebos/HylebosWatershedPlan 2016.pdf It is too large for my email system to mail it to you. Section 6.1 of the watershed plan states "Urban Development Causes Reduction/ Degradation of Habitat." In order to combat that degradation, the watershed plan says to "Mandate Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) methods for new developments." In the planning of new developments in the Milton Road area, the City of Federal Way must mandate LID and GSI methods be used in any further development along the Milton Road. Attached is the "Low Impact Development - Technical Guidance for Puget Sound." This document could form the blueprint for the LID requirements mandated in the Hylebos Watershed Plan, including the following: 1 . Permeable pavement for roads and driveways in the newly developed area 2. Tree retention and planting in the area. 3. Curvilinear road maps and clustered housing to reduce impervious surfaces. 4. Minimal excavation foundations. 5. Biorention ponds and roof rainwater collection and dispersion systems. 272 Note that these requirements go beyond the requirements in the 2016 King County Surface Water Manual, as adopted by the City of Federal Way and referenced in the SEPA checklist for this project. Mark Spaur 37611 17th PI S Federal Way, WA 98003 273 Margaret Clark From: Mark SPAUR <spaur@comcast.net> Sent: Tuesday,January 15, 2019 10:40 AM To: Margaret Clark Cc: rvond@comcast.net;suzanne quachang Subject: Regency Woods Division 2 (Brittany Lane) Covenants Attachments: BL-CCR's.pdf Margaret - Section B. 1. g. states that Regency Woods Division 2 CC&Rs prohibit further development of lots within their division. I do not believe that this is correct. My reading of the CC&Rs (attached) says that as long as the building meets with the requirements of the City and County and are approved by the Architectural Control Committed of Regency Woods Division 2, additional construction could be done if the area is rezoned to R5 or R7.6. A few years ago someone tried to subdivide a lot in Regency Woods Division 1. It required a vote of the homeowner's association to amend the description of the association to include the new lot. That vote failed. I think a similar requirement would be place on someone trying to subdivide a lot in Regency Woods Division 2. Mark Spaur 37611 17th PI. S. Federal Way, WA 98003 274 Tina Piety From: Sarita Breivik <shbreivik@yahoo.com> Sent: Tuesday, January 15, 2019 7:57 PM ()0 To: Margaret Clark Cc: Jim Ferrell Subject: Comments - DNS to Rezone the Milton Road Area East of 1-5 Attachments: Comments - DNS to Rezone the Milton Road Area East of 1-5.pdf Margaret, Attached and within the body of,this email as seen below, are my comments regarding the DNS to Rezone the Milton Road Area East of 1-5. PLEASE READ THIS LETTER INTO THE RECORD Attention: City Council and Planning Commission Members I am opposed to the (1) Comprehensive Plan Amendment to rezone the 26 parcels in the Milton road area east of 15 from RS 35,0 to RS 7.2 or RS 5.0, and (2) Extending 19th Way to S 376th and the Milton Road as assumed in the Milton Road Traffic Impact Analysis. Two primary reasons are of high concern. The first is the environmental impact. The addition of approximately 231 new high density single family homes, plus new road infrastructure, will be an additional source of pollution collecting in storm water. The increase in storm water pollution levels discharging into the Hylebos waters and Puget Sound will have a negative impact on salmon and orca populations, and other wildlife residing in this area. The City of Federal Way along with King County has a high investment in protecting the East Hylebos, having already spent hundreds of thousands, if not millions, of dollars to protect the East Hylebos. There is a precedent of high density rezones being declined by the City of Federal Way for these reasons, with property owners having been denied a rezone request because of this environmentally sensitive area. The proposed rezone that would result in increased new toxic contaminants in storm water runoff, is in direct contradiction to the recommendations released by the Southern Resident Orca Task Force formed by Governor Inslee's Executive Order 18-02, The Southern Resident Orca Task Force determined that toxic contamination in storm water runoff is one of the key factors in reduced salmon and Southern Resident Killer Whale populations, and seeks to reduce contaminate levels. The second concern is safety and quality of life for Regency Woods and Brittany Lane homeowners. Extending 19th Way to 376`" and the Milton Road would turn 191h Way into a busy feeder street. 19`h Way runs in front of Brittany Lane's community park. The safety of children and adults is at risk if a busy feeder street is allowed next to a high use community park. School age children, including my daughters, cross 19`' Way twice a day to catch the school bus to and from school. Turning 19th 'N@y into a busy feeder street puts our children's safety at risk. Providing an easy entrance into and exit out of our community puts us at increased risk of crime, -ma-ming it easier for criminals to steal and then quickly make an exit. Should a feeder street be allowed through our community, our children would be exposed to more strangers in our neighborhood, putting them at higher risk of abduction for sex trafficking purposes and other crimes against children. Additionally, new denser housing would put an added strain on our schools that are already over-crowded, negatively impacting our children's education. 275 For the aforementioned reasons, I am opposed to the rezoning of these parcels and the extension of 191h Way. Regards, Sarita Breivik Regency Woods 276 Tina Piety From: Bob Coleman <robertscolemanjr@outlook.com> Sent: Wednesday, January 16, 2019 2:04 PM To: Margaret Clark Cc: cathylynncoleman@gmail.com Subject: Fw: Milton Road Rezone/Rezone Between Wild Waves and Meridian Home As a resident of Regency Woods at 1725 S. 376th Street I object to punching through 376th St. to 19th Way South. You are putting us in danger by doing so. And the new Type S Minor Connector you want to designate will only become a major artery like Milton Road, 1-5, and Enchanted Parkway as it goes essentially north and south. Our neighborhood suffers enough with Wild Waves traffic in the summer and this will only make things worse and far more dangerous. The City of Federal Way proposes to classify 376th and 19th Way South as a Type S Minor Collector. Your own Peak Hour analysis makes that assumption quite impossible. How can it be that traffic will not make the first attempt to leave a principal connector to race through a residential neighborhood to rejoin another principal connector and arterial? Your assumption that 215 new trips will be added to 19th Way South does not bear up to the facts about traffic in Milton and Fife. The fact is traffic from Milton Road will in fact race up and down 376th/19th Way South to reach Enchanted Parkway or to reach Milton Road at all hours of the day not just the morning and evening rush hours. That includes Lloyd Truck traffic and Port of Tacoma truck traffic. School bus traffic in our neighborhood is already at odds with commuter traffic that starts around 3PM. What is the definition of a Type S Connection again? This connector will become a major connector from one to a full arterial - Hwy 161. Your document didn't account for the park or the school bus stop nearby. In one public meeting the mayor stated he didn't want residents to think the fix was in when I asked why the Federal Way Comprehensive Plan has this connection outlined. The city planner in another public meeting made it sound like it was already a done deal - and made it sound like it was some kind of punishment to the Regency Woods residents. Traffic is already easily making it's way to Hwy 161 at the intersection of Milton Road and Hwy 161 and also at 369th St. and Milton Road. There are already trucking companies doing business in the neighborhood transferring cars into big rigs and truck traffic is already trying to punch through only realizing they have to make a difficult U-Turn at the end of 19th Way South. Another large source of traffic you haven't mentioned is casino traffic. Milton Road is a side artery to Hwy 99 and 1-5, designating 376th as a Minor Connector isn't possible because it runs in parallel to Hwy 99 and I- 5. The City of Federal Way simply can't allow our neighborhood to be an escape valve for port, casino and commuter traffic. Punching through 376th St. to 19th Way South solves no traffic problems but creates several. There is a park right at the proposed punch through. Fife and Port of Tacoma truck traffic will use access to Regency Woods 277 neighborhood transit putting us all at risk. Commuter traffic will race up and down the roads in the morning and evening trying to get a jump at existing signals and Wild Waves with traffic flooding the neighborhood. From the City of Federal Way document. "5. S 376th Street is a Minor Collector which will be a Type S street and extended to the stub from Regency Woods Subdivision. Milton Road S is a Principal Collector and will be reclassified as a Type K street from a Type P as a part of the rezoning." Robert Coleman 1725 S. 376th St. Federal Way, WA 98003 Sent from Outlook 278 Margaret Clark From: KIM & SCOTT MOSES <moses.kim@comcast.net> �j ) Sent: Wednesday,January 16, 2019 6:20 PM �.✓ To: Margaret Clark Subject: Rezoning Plan Files: 18-105523-SE & 18-104618-UP RESPONSE Ms. Clark, Thank you for your email clarification earlier this week. In response to the 1/18/2019 deadline for all comments pertaining to this rezoning comprehensive plan amendment, my husband and I object to any plans for any apartments or condos being constructed and/or built in the rezoned area. We do not object to single family homes. We assume traffic concerns will be properly addressed and accommodations will be made. Sincerely, Kym & Scott Moses Brittany Lane Homeowners 279 Margaret Clark From: Lily Stadnik <lil.stadnik@gmail.com> Sent: Wednesday,January 16, 2019 6:35 PM To: Margaret Clark Subject: RE: Milton Road Legislative Comprehensive Plan Amendment and Rezone To whom it may concern, My family and I reside in the community of Brittany Lane and have recently been made aware of the rezoning plan. I formally object to punching through 376th st.To 19th way south. Are you aware that there is a community park and a school bus stop on that road? It sits there now quietly as it is a dead end road but to open it up right in from the park would be hazardous. To put a busy street with cars driving up and down at all hours of the day would endanger our children. We ask as a community that you reconsider. Our community already deals with wild waves traffic.What will 376th look like in the summer when all the park-goers are parked along that road?They'll be endangered getting in and out of their cars if this is a connector street. Residents will no longer be able to walk their dogs peacefully with the added traffic and the values of our homes will suffer if they will be made to sit on a busy through-street. There is no doubt that anyone (Lloyd truck traffic, port oftacoma traffic, casino goers) heading towards hwy161 will cut through our neighborhood to get to where they are going. Have you also taken into account the new traffic that will come from the new apartment complex going in in Milton? Punching through 376th st to 19th way South solves no traffic problems, but creates several.Again, We as a community ask that you reconsider solely out of safety to our residents and our children. Thank you, Liliya Stadnik 280 Margaret Clark From: Sylvia Molzahn <smolldy@gmaii.com> Sent: Thursday, January 17, 2019 10:49 AM To: Margaret Clark Subject: Change of zoning. Margaret and board I am writing this as a homeowner in Regency Woods. I bought into this neighborhood some 25+years ago. I bought here as wanting a quiet great neighborhood for children with two private parks one being in Regency and one in Brittany. This has been a great neighborhood without through access to Milton Road. We as homeowners took this into consideration when we bought here. Now you want to change our neighborhood? Sorry this is not what we want. Leave us alone. Schools in the area are already overcrowded don't do this. Roads are overcrowded we don't want or need 19th Way as a through street. This will open up our area to more crime as easy in and easy out. It would become a speed road which changes the character of our neighborhood. Also a real hazard to our residents who use our sidewalks for enjoying a walk through our neigh borhoods.We already have traffic problems on Milton road and heavy traffic on Enchanted Way. Do Not Change This Zone. Do not punch 19th Way through. Safety is our concern make it yours. Thank you Sylvia Molzahn Owner in Regency Woods 37532 19th Way So Federal Way, Wa. 98003 Sent from my iPad 281 Tina Piety (I From: nickjames james <mclovus@hotmail.com> Sent: Thursday, January 17, 2019 3:51 PM To: Margaret Clark Subject: Rezone I am writing to let you know that I strongly oppose the rezoning of the area south of S 369th and North of S 376th street. I have been a home owner in Regency Wood for over 20 years I feel this will only have a negative impact on my neighborhood. I think the city of Federal Way needs to realize that the increased traffic and speeds of traffic in the neighborhood would create a safety hazard and detract from the character of the neighborhood. This is a neighborhood that you can walk you dog and ride your bikes safely without worry about speeding traffic. hope the city of Federal Way can look beyond the revenue they are planning on receiving from the land use permits etc. and realize the long term negative impact this would have on the current residents of Regency Woods and Brittany lane. Thank you, Monica Hirano 282 Tina Piety From: BETTY LATHAM <shadowlatham@ccmcast.net> Sent: Thursday, January 17, 2019 6:40 PM To: Margaret Clark Subject: Rezone area south of S 369th & North of S 376th St. Hi Margaret Clark (Senior Planner), I am writing to address the proposition of rezoning the area south of S 369th & North of S 376th St. I live on 19th Way and I am highly against the rezoning of this area, as well as, the proposition to extend 19th Way to Milton Road. My address is 37122 19th Way S., Federal Way, WA 98003. 1 have lived her for over four years. The attraction to this neighborhood was the beauty of the homes and the quite streets, sidewalks and parks. Your proposition would take this away from our neighborhood. The thru way traffic would be directly in front of my home. Which would cause major traffic thru on 19th Way, making it unsafe for children to ride their bike, neighbors who walk our sidewalks for exercise and children who play in our parks. Not to mention the exhaust from the increased traffic! The rezoning for for new homes would cause the traffic on 19th way to be horrendous, not to mention a safety hazard for the same reasons I mentioned above for Regency Woods and Brittany Lane neighbors. Please consider if this were your neighborhood, would you want this for your neighbors and yourself? I think not. Look forward to meeting you on February 20th, at the Planning Commission Meeting. I VOTE "NO" ON BOTH OF THESE PROPOSITIONS. Thank you; Betty Latham 283 Tina Piety From: Sarita Breivik <shbreivik@yahoo.com> ^ Sent: Thursday, January 17, 2019 7:28 PM To: Margaret Clark Cc: Jim Ferrell Subject: Additional Comments - DNS to Rezone the Milton Road Area East of 1-5 Ms. Clark, Please see below for additional comments. PLEASE READ THIS LETTER INTO THE RECORD Attention: City Council and Planning Commission Members As it pertains to the rezone of the Milton Road Area East of 1-5, one additional concern I have is traffic impacts on the roadways and intersections adjacent to the proposed rezone. It is well documented and experienced during the summer months that traffic generated by Wild Waves causes queuing and accidents all over the area. The roads and intersections are at and above capacity. The backups affect state highways and increase response time for emergency vehicles and personnel to respond. The rezone if approved will further degrade the level of service of the roadways. Surely this proposal requires an Environmental Impact Study due to adverse impacts? Regards, Sarita Breivik Regency Woods 284 Tina Piet 2► From: kathy9317@centurylink:net Sent: Thursday, January 17, 2019 8:58 PM To: Margaret Clark Subject: Opposed to the City of Federal Way's Rezoning and Building Plans Attachments: Comp Plan Amendments - Building behind Brittany Lane (1).pdf Dear Ms. Clark, I am opposed to the changes the City of Federal Way is considering for parcels near my neighborhood, Brittany Lane. Specifically, I am opposed to the Comprehensive Plan Amendment changes shown as #1 in the attachment here. As I stated at a City Council meeting last year, I do not wish to see higher residential density in this area. The City has already approved a tremendous number of multi-unit homes in this area. The schools have been overwhelmed by a sharp increase in students, and the schools' faculty, staff, and school buildings are already stretched to their limits. I am referring to Todd Beamer H.S., Sequoyah M.S., Rainier View Elementary, and Lakeland Elementary. Problems have increased at these local schools due to overcrowding and even more students would have to be accommodated if new homes are built along the Milton Road area. I urge you not to move forward with the City's proposal to rezone the area south of S. 369th (Wild Waves) and North of S. 376th Street (The Meridian Retirement Community) along the Milton Road from R 35 (one home per every 35,000 square feet) to as compact as R 5.0 (one home per 5,000 square feet). I understand that this may add as many as 230 homes to the area, which would bring additional traffic to this area also. Already, Milton Road is packed with cars trying to avoid using 1-5 during the evening rush hour. Cars line up bumper to bumper through the Milton neighborhoods near Copper Creek Apartments. I wonder if the City has given notice to residents in those areas of what may be coming their way. As part of the mitigation of traffic in the area, I believe a traffic impact analysis assumes that 19th Way is extended through Regency Woods to S. 376th Street and the Milton Road. This would make 19th Way a "minor collector" and increase traffic and traffic speeds on the roads in our neighborhoods. This will create a safety hazard, in my opinion, in front of the Brittany Lane community park, which is not open to the public. The increased traffic on 19th Way would detract from the character of our neighborhood. The proposed rezoning would also lead to builders cutting down the beautiful forest that helps mitigate noise pollution from 1-5 for many homes in this area. Please do not change the zoning, and do not extend the road through the forest. Respectfully, I thank you for listening, Kathy Walton 37452 18th Ave S. Federal Way, WA 98003 285 Tina Piety From: Maximus The Greatest<maxtomilov@yahoo.ccm> Sent: Friday, January 18, 2019 12:31 AM L21 To: Margaret Clark Subject: Rezoning south of wild waves To Margaret Clark Hi my name is Maksim Tomilov, my family and i live at Brittany lane community just south of wild waves. We recently have received news of that there might be rezoning of land happening along Milton road south of Wild Waves, which might open the door for construction for up to 230 new houses. I myself am not against new communities being build, but it does concern me because of what solution does the city of Federal Way have for traffic if such a huge community is built here.Traffic already is quite a pain to deal with since there is a lot of construction happening in Edgewood, We cannot comfortably walk with our kids around the community because people drive like crazy around here, During summer time it seems like all of the rules are completely ignored by drivers and pedestrians, My other concern is with such a big community being built it will obviously bring in a lot of people with kids. The few elementary schools that we have near by are rated 3/10. The schools are performing poorly and now even more parents will bring kids to the area. The other choices are private schools, which are not that cheap. I understand that with more houses it will bring more revenue to the city, but what is the city planning to do with that money to solve the traffic and schools problems. We are not proponents to a new community if anything its an opportunity to invest in a new property, but the concerns are real with traffic, schools, what kind of housing will be allowed to being built (houses or apartments). All these things can either positively effect our area or bring a lot of problems with it. We hope that if the city approves of this rezoning project, that the city will take proper action to deal with traffic and schools. Thank you 286 l`L Margaret Clark From: Lesley Roth <lesley.m.roth@gmail.com> Sent: Friday,January 18, 2019 4:33 PM To: Margaret Clark Subject: Response to Public Comment on Milton Way S parcel rezoning Hello, ly name is Lesley Roth. I live at 1639 S 374th Ct in Federal Way, which is part of the Brittany Lane neighborhood. I am writing in response to the request for public con anent on Files 18-105523-SE and 18- 104618 UP that relate to the rezoning of land parcels along.Milton Way S from Medium to High Density housing. I would like to raise my serious concern about the overall plan for this area. While in theory, I am not opposed to the changes in density for these land parcels I am opposed to the current approach regarding the transportation plan and am very concern that fire, police and public school representatives have not commented. The tr tn.;lxort<<tion plan states that part of the plan is to connect 375th St to 19th Way S, which would connect Enchantcd l'K'\V Y to 99. This "punch through" would put a major thoroughfare straight through a residential neighborhood. Fhis poses ,,t huge risk for community safety. The traffic load would go through a neighborhood with a residential street not designed to carry the load, be bringing in traffic through areas where driveways have no alternative but pull into a major road, and put children playing at-a community park at risk by putting heavy traffic in front of a space specifcalIy designed for children to play. In addition,this plan would add an extra environmental burden to the already stressed Hybelos Watershed. The tran portation plan ]FOO t1 ii,s area should not be looked at independently of the changes being prof oc l Milton Way crossc-� 1:n hmid P K WY and connects with Weyerhauser Way S. The IRG project will he inti-�_'d1 " i h'- ": h�_i�. �' -.L n1i truck load onto residential roads as well. In total,the proposed changes in bwl-j have the significant potential to absolutely choke transportation in this area,put heavy truck loads in re.JdCnti;:tI areas, create an unsafe environment for children, and put an extraordinary stress on the watershed. I request that the transportation portion of the plan related to the request for zoning changes in this parcel be adjusted to not include the 375th street punch through as well as to be looked at in conjunction with the broader plan for the corridor running along I-5 from 320th to 1'V111ton Way S. I also request that representatives from the fire,police and public school departments comment publicly on the impacts to their plans for services. I would like to know their plans for absorbing; the growth in this area, funding for addressing that growth,and their plans for navigating the change in transportation in this area based on the publislid transportation plans. The zoning request has a large enough impact to the area that it should not be addressed independent of a larger study of the impact of all the proposed changes in this corridor. I would like the project planner for this project specifically and the city council a whole to address the various aspects I have mentioned. Thank you, Lesley Roth 287 Margaret Clark From: Alex Kostin <alex.kostin@yahoo.com> Sent: Friday,January 18, 2019 4:39 PM To: Margaret Clark Subject: Letter in opposition of the proposed road being built through Brittany Lane/Regency Woods neigborhood January 18, 2019 Dear Federal Way City Council Members, My name is Alex Kostin, I live at 37212 20th Ave South, Federal Way, WA 98003. 1 am writing to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problem, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n I- 5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood. It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. In short, I demand that you cancel the plans of building the road through the neighborhood. Sincerely, Alex Kostin 288 Dear council members, My name is Elina Kostine. I am writing to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. I am shocked by this decision. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problems, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n 1-5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. Quality of life will be decreased. This is unacceptable to implement this in the residential neighborhood. In short, I demand that you cancel the plans of building the road through the neighborhood. Hopefully it can be done as soon as possible. Best regards, Elina Kostine 289 916 Dear council members, My name is . I am writing to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problem, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n 1-5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. In short, I demand that you cancel the plans of building the road through the neighborhood. Margaret Clark From: YURI ZAHARCHUK <flp4u@yahoo.com> Sent: Friday,January 18, 2019 4:56 PM -To - Margaret Clark Subject: LETTER Attachments: letter-city counil-road-JAN19.docx 290 Dear council + members, 1 -�-I -- c=r or My name is . am or to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problem, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n 1-5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. In short, I demand that you cancel the plans of building the road through the neighborhood. 291 �g Dear council members, My name is . I am writing-to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problem, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n 1-5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. In short, I demand that you cancel the plans of building the road through the neighborhood. Margaret Clark From: TATYANA LUKOMSKAYA <tlukomskaya@yahoo.com> Sent: Friday, January 18, 2019 5:03 PM To: Margaret Clark Subject: letter-city counil-road-JAN 19.docx Attachments: Fetter-city counil-road-JAN19.docx; ATT00001,c 292 Margaret Clark From: Washington Pro Roofing LLC <waproroofing@gmail.com> Sent: Friday, January 18, 2019 5:08 PM To: Margaret Clark Subject: Rezoning Hello, Margaret Clark. We are the residents of Regency Woods, and reside on 18th Pl. S. in Federal Way. i oppose the extension of 19th Way to accommodate the new homes, With regards, Igor Tina Edward Alina 293 Good Evening to the Community Development Department, Planning Division, Our property borders the woods that will be torn down,to say we are devastated is an understatement. We moved here for that reason and our four children, by permission, have been enjoying the woods for the past 4 years. Our address is 1610 S. 376th St. I have several reasons why I don't think this is wise to develop all of this land (especially at high density) and punch a road through but I want to mention my main reasons. We have a couple of apple trees on our property and have had the pleasure over the few years we have lived here to enjoy watching the deer jump the fence and eat those apples. Where will those deer go? Is this not an environmental concern? Besides the deer, we have seen coyotes, owls (we love hearing them at night!), eagles, bunnies, weasels, large families of raccoons,snakes, squirrels, enormous bullfrogs and regular sized frogs, newts and salamanders, woodpeckers, and several other kinds of birds.There is even a turtle living in those woods! Where are they going to live and isn't this an "adverse impact on the environment" if you were to take this away from them? Also, if a road is punched through it will become much busier than before that it poses a risk to the children and families and dogs playing at the park right next to our property. Additionally, children walking to and from school on a daily basis in the dark and daytime will be a safety issue. Currently all children are walking to the bus stop and several are crossing streets, as young as kindergartners. In my mind this is a huge safety hazard given the fact that the traffic will increase significantly. 19th St. will become a thoroughfare for commuters who do not have the safety of our neighbors in mind. Please keep our children safe, no road. These pictures below of animals were seen in our backyard or the woods, or they came from the woods to our backyard. None of this would be possible without the woods. Several of these pictures were taken by my children exploring the woods as well. Sincerely, Curtis & Christina Call (along with Preston, Lauren, Landon and Quintin) 294 a. .,, i « e 17 lip. R AMP a a�w� Pw ,:a► . s w day �1 V 1 .'`+w""a"� _ r 1 /fir. •,� +.AY'rt •. .!. r� �f �. T" l , n Ne e �. 31 A Tk> t' v ;+�,,,1* � �� :� f �~y�. `,�., • " "� R �'•'°�,. fit•:ti AF 297 t Y, " 4 m o. 1 -far , } dY,Y s � 4r �tl * n t r i Y fl'B 1u M1Y ♦ .� F 30 C � r ' .. e i b a •+r yy �j .y Y "",�," ' �. � :� ,,., �tip. •a� •�� ` � t i o " x r ` f ,Y¢ 41, Yi µ M i ,iiS di4 N .�, LL�'irY� •C..r ^" �r �•��,; ,J ✓ �r� RNs ����, - � - ■, ' � SSM) +'Y,.• /..�. �, W 2 , 0 1� .g 3' +• � f� — ,1.` ... a n ' r a� V ~` ! y a y a� y wn .�44"3A a : a•' 304 x �k rFr ids r i r a 305 Margaret Clark From: danikzahar@gmail.com 1 Sent: Friday, January 18, 2019 6:16 PM To: Margaret Clark Dear council members, My name is Daniel Zaharchuk I'm writing this letter in regards to the plans for the possible road build in my neighborhood. Regency woods/Brittany lane. We have a wonderful, beautiful neighborhood and moved here for a reason. I drive home on Milton road everyday and it is packed with vehicles. The possibility of this going through my neighborhood would be terrible. I want my kids to live in an area that is safe. I want this to remain a quiet and peaceful neighborhood. I want to see people walking their dogs, I want to see people going on walks with their families. I want to see kids riding on bicycles. I do not want to see a bunch of cars passing through, I don't want the noise, I don't want the traffic, I don't want this to turn into a highway. Place this road and what made this a beautiful place will be gone. It's always been so peaceful, the scenery is great, the environment is fantastic. Just looking outside of our windows and thinking about life, enjoying it. Looking at the blue skies or watching people walk by peaceful and happy. I do not want to be looking at cars driving by all day. Please consider all of this Take care of the people that have been here and have fallen in love with this place. Thank You Daniel Zaharchuk 306 Margaret Clark From: yonas ocubazghi <yocubazghi@gmail.com> �3 Sent: Saturday, January 19, 2019 7:35 AM To: Margaret Clark Subject: Rezone Miltone road area My name is Yonas Ocubazghi residence of 1701 south 371 st Ct federal Way WA 98003. This plan may affect my daily route traffic and safety for mr and my family. we already have heavy traffic because wild wave customer and pass trough to Milton and Fife residents. Please revise and decide wisely. for the our community. I thank you in advance Yonas ocubazghi 1707 S. 371st CT Federal way yocuhaztohiD.gmail.com 307 L Margaret Clark From: S S <sherri2412@hotmail.com> i 33 Sent: Saturday, January 19, 2019 7:25 PM To: Margaret Clark Subject: Opposed to rezoning proposal Dear Ms. Clark, I oppose the rezoning proposal that affects the Regency Woods and Brittany Lane neighborhoods. Specifically oppose the extension of 19th Way. Extending 19th Way will have a negative impact on the livability of the two neighborhoods, redirecting traffic through a residential area and affecting the safety of the current residents. This proposal intentionally re-directs non-residents through a residential neighborhood, and provides NO benefits to the current residents of these two neighborhoods. The plan is not fair to all concerned as the residents in an established neighborhood will be affected by increased traffic, noise, and pollution. The plan does not help the City build goodwill with current residents - Every single resident in these two neighborhoods opposes the plan. The plan is not beneficial to both the city and current neighborhood residents. There is a clear loser in this proposal, and that is the residents who have invested their money and their families in Regency Woods and Brittany Lane. This plan does NOT help us in any way, and in fact, demonstrates that the City is not willing to acknowledge or value the investments that current residents have provided to Federal Way. A reasonable compromise that the City could make to appease established residents AND manage growth responsibly would be to rezone the parcels but require the developer to leave a natural, green buffer between the redeveloped lots and the current established homes to mitigate pollution and noise. Additionally, and most importantly, NOT extend 19th Way. There is no reasonable need to extend 19th Way- In fact, extending it would require cutting through an identified wetland. Thank you for considering this request. Sherri Stanton (resident of Federal Way for 20 years) 2100 S 375th St Federal Way WA 98003 308 Suzanne Vargo 2522 S. 361St. ST Federal Way, WA 98003-7506 RE: Milton Road Legislative Comprehensive Plan Amendment and Rezone File #s18-105523-SE & 18-104618-UP To Mayor Jim Ferrell Lydia Assefa-Dawson Jesse E. Johnson Susan Honda Hoang V. Tran Mark Koppang Martin A. Moore Dini Duclos Robert "Doc" Hansen, Planning Manager Margaret Clark, Principal Planner Dear Mayor Council and Planning Department. 309 I would like my information to be admitted into all records. I will try to get my concerns documented but would like to be able to add to this record in a timely manner if allowed. I am a long-time resident of Federal Way and live within 1 mile of the Rezone area. My concerns are for the high-density buildout and what this would mean to the large parcels of land that serve as filtration for the aquifer for this area. Pg. 5 question 9 asks if there are any legal items that are in process at this time: would like to remind staff that the Ellingson property is being mandated by the City of FW for Restoration. I am told by staff actual work will begin in the Spring of 2019. Serious violations were done by owner to the Class III wetland that is on his property. This is a vital wetland as it filters run off waters from neighbor Meridian at Stone Creek Senior Facility. This wetland moves waters from the upper plateau down to the Conservancy area below. Please keep in mind this wetland will be in a 3-5 year Restoration Plan. ENVI®RMENTAL ELEMENTS: C. states the topography make up of this area. It failed to mention the Vashon Till. I have yet to read any evidence of Everett (EvC) in my research. The Vashon Till are from deposits of at least two glaciations. This till is made up of silt, sand, clay, gravel. The East Branch of the Hylebos as well as Joes Creek have these advance outwash deposits. Wide spread deposits 310 of Oxidized sand and gravel that apparently UNDERLIE most if not ALL of the basin plan area at depth. (Hylebos Creek & Lower Puget Sound Basin "Current & Future Conditions Report. KC Surface water Mgm. Division 3-2) The Milton-Redondo Channel yields much of Federal Way's water supply. I would like to request the city conduct a Hydrogeologic determining the potential impacts of contamination on the aquifer if high density buildout is approved. D. The question is asked if any history of unstable soils. The answer to this is no, because the homesteaders knew of the sandy topography. See King County Sensitive Area Study. Back in the 1950's it was known between King County and Federal Way that the zoning must remain low density due to the soil make up. This is why the large parcels are critical for the Conservancy lands and the interchange of the Hylebos Creek. The large undeveloped parcels of the upper plateau help to eliminate pollutants and sediment from reaching the Hylebos Creek. Low zoning designation is considered as an additional means to limit the amount and rate of surface water runoff and soil erosion into the Green river Valley and within the Hylebos Creek drainage basin. (I must apologize that, I can not quote 311 what document this is from. I can however supply you with that shortly, as it was found at the Historical Society of FW. E. if a rezoned landowner wishes to put in several single-family homes, and this does not trigger a SEPA then when exactly does the environment get addressed: If this process states it is an NDS, and the environment is ignored, and single-family dwellings if built instead of high density, do not have environmental setbacks from wetlands, buffers and streams, again, when does the environment get addresses. This seems to be a buffet for developers that they would not have to subject themselves to City and State rules and procedures. This is a serious concern and this action should be removed from this document. AIR: C. While it is very generous of the staff to give so much credit to trees and vegetation, please note that this area sits in between 1-5 and Hwy. 99. Much pollution is created via air and noise. The vegetation mentioned is already working overtime. A significant tree ratio is required so please make sure the existing landscape is not used two-fold. This plan will remove a significant tree buffer and the air and noise effects to the residents of Stone Creek, Regency Woods, and Britany Lanes will be considerable. Once again, the filtration of the buffer at the Vondenhoff's property takes on runoff from the two neighborhood communities. To remove these trees wau-Id be 312 detrimental to the Hylebos, the nearby residents and all that inhabit it. Air and Traffic studies musts be done BEFORE any decisions should be made. WATER: "Should construction be done through a wetland area, when NO other alternative is possible, that this construction be done to: 1. not alter the physical qualities of the wetland, by first not creating an artificial drainage in the construction of dwellings 2. that no physical damage be done to the wetlands in the installation of sewer systems. That NO SEWERS (trunk, collector or any other semblance of sewer operation) run through the Hylebo. No Sanitary sewers run down a creek bed. That no sanitary sewer lines be installed in a manner that would change the ecosystem of wetlands, open space, sensitive areas or greenbelts." This is a hand written message to the city from Francis Marckx. Mr. Marckx was not only the land owner for the area now known as the Wet Hylebos Park, but he was also the water Commissioner in the 1950's for Lake Haven. He understood water, SWDM, and the sensitive nature of the Hylebos. Please heed his advice. PLANTS: 313 C. Any known threatened or Endangered species located on site? Since the Class III (Ellingson) wetland is documented as being a habitual wetland and the Conservancy lands are a protected waterfowl concentration area, it seems quite probable that there are many species that are critical such as the Pileated woodpecker. Upon further investigation I see on page 4 of the Wetland Report for Ellingson property, conducted by Environmental Design of Centralia, WA, states the site of wetland and the surrounding area is primarily vegetated with Douglas Fir Trees. The Douglas Squirrel is a protected species as well. Eagles are also on these properties, as it is the Douglas Fir that can offer the greatest limb strength to hold the massive Eagle nests. The conservancy lands and the surrounding area is critical for species habitat function. The upper plateau is very much a part of the highly Sensitive area that is Spring Valley. I believe further studies of species habitat needs to be looked into, before we write off the wildlife importance and protections. Has data been collected by the Audubon Society in the past 5 years for this area? I request a full study of bird and mammals in a 3 mile radius of proposed area, which would include the Conservancy Lands. PLANTS: Staff approves of this list, but previous comment states clearly that Douglas Fir are indeed on the property and cover the area 314 extensively. Please change your information to reflect Douglas Fir are on and around surrounding area. ANIMALS: C. Question is asked Is site proposed a migration route?: The answer is a firm YES. The Conservancy Lands, the West Hylebos Park, Weyerhaeuser, and the numerous lakes provide sustained habitat and places of rest and recuperation. It only goes to reason that these large open spaced parcels provide needed rest and recuperation during migration. The City needs to address this issue if it is not confident in its own logic. Please investigate whether this area in question is a "Key Rest Stop" as it is related to migration. I personally have witnessed large groups of Canadian and White geese on these properties in the last 3 years. D. Proposed measures for preservation or enhancing wildlife: I find the thoughtlessness of the city to not ensure measures are to be taken to preserve the natural setting and the wildlife disturbing. How can the city disregard their chance to do their part and preserve where they can, especially in this HIGHLY SENSITIVE AREA? Can the city find someway to show some form of good faith as stewards and solidify some guarantees, now before developer after developer are given "Exceptions to create their own vision, instead of the cities. E. There are no known invasive animals b-eca-use the animals are in their natural setting. They have room to exist in nature 315 where they are of no harm to residents. The concern for invasive animals will present itself if this rezone is granted. ENVIORMENTAL HEALTH: A. 1. Asks the question of any known toxic substances presently or used in the past. I would like to remind City staff that our entire area was subject to what is known as the Tacoma Smelter Plume. This toxic substance was spread over 1000 sq. miles of our Lower Puget Sound Basin. The proposed sites fall in to the: UNDER 20 PPH rating as found on King County Parcel viewer. In other words the site is less than 3 miles from the Tacoma smelters. Look under the "District" Information link. Very last item on page. 2/3. Question relating to underground pipelines: would like to add that this is an aged-out line. It is nearly 10 years past its life span. The line sits roughly 3-5 ft. under the land, and heavy machinery treading over the line can cause failure in the pipeline. Developers are the leading cause of pipeline failures. This is stated by the U.S. Dept. of Transportation: Pipeline and Hazardous Materials Safety Administration. Oct. 2010 (Office of Pipeline Safety) This line should be of paramount concern to city, citizens and the environment. We can never be so lackadaisical in our of€oft-, as to allow the catastrophic disaster that happened in Whatcom County. Please keep this highly 316 explosive, aged out, hazardous pipeline in the fore thought of this and all projects along this line, going forward. It is in the Cities Comprehensive plan that is clearly defined that it is the city who shall look after the health, and quality of life of its citizens when making zoning decisions. A mishap could spell disaster for the Hylebos and the Conservancy lands. 4/5. For the reasons described in my answer to previous question, an emergency plan should be priority number one. If multiple developments are taking place at the same time, as well as light rail development, the city of Federal Way most certainly needs an emergency plan prior to this approval. Have Fire and Rescue been contacted about the projected high-density buildout? Have studies been conducted for such events as landslides or exploding pipelines for example? NOISE: 1. While it is helpful to have the cities codes in place to regulate the noise that will take place during the build out phase. This does nothing for the 24/7 noise from 1-5 and Hwy. 99. The existing trees and vegetation serve a great purpose and to remove would be another major hit for the entire area. Please do a complete air study, factoring in the multiple trees that will be removed during development. The ever exp-anding run-ways at Sea Tac - airport is a huge factor in our citizens health. The plane 317 noise MUST be factored in to the quality of citizen health. We have recently learned from city meetings just how harmful jet noise is in our overall long-term health. Couple this with very little vegetation to absorb pollutants and noise, and the high build out area could become unhealthy to live. Hearing is a vital for sustained wellbeing. Consider the many small factors. Noise, air, earth etc., when stacked upon each other, the multiple impacts to a highly sensitive area will be irreparable and citizen health decline. I would like to please ask that I submit this document into record and I may finish my responses in the near future. I have answered several questions here and I am hoping Staff will allow me to enter more in a timely manner. I appreciate you listening to my concerns and appreciate your patience as I responded in kind. Thank you for this opportunity to speak up for the wildlife, our Aquifer and the Hylebos. Suzanne Vargo 318 Margaret Clark From: Mark SPAUR <spaur@comcast.net> 3 ,� Sent: Wednesday,January 30, 2019 8:20 PM To: Margaret Clark Cc: suzanne quachang; rvond@comcast.net Subject: Milton Road Rezone, 1995 EIS Margaret - First, I want to thank you for tracking down the 1993 draft EIS and the 1995 Final EIS for the City of Federal Way. I appreciate your consistent communication and your time in this project. The EIS finalized in 1995 did not consider the impacts of development o1 tlic area near the Milton Road. At the time of the 1995 EIS, this area was not annexed by the City. Tlic LCIS is bmscd on a combination of two scenarios that stated that development in the south end would occur along I lighxvay 99 north of 336th Street. However, in the intervening time the City has annexed the area near the N-1111ton Road, development has occurred, and a Hylebos Watershed plan was written. WAC 197-11-172 ( Planned actions—Project review) states that the city should verify "that the probable significant adverse environmental impacts of the project have been adequately addressed in the EIS prepared under WAC 197-11-164 (1)(1)) through review of an environmental checklist or other project review form as specified in �A/AC 197-11-31 a". % itli all the changes that have gone forward in the C11,1. since 1995, and with the planned expansion of transit and liousing South of 336th Street, I do not feel that the 1995 EIS adequately addresses the adverse environmental effects of the City's projc,ts in the area around the Milton Road. A simple environmental checklist as described in WAC 197-11-90 i.. ( r a planned project proposal; an EIS is typically done for programs of project or plans for significantdev:1.{}! �r� rit. Twenty four years have passed since the last EIS was done by the City. The City is also conteittp1-ttir;: hi. I) density development near the Commons on the site of the mobile home park, a transit maintenance cents r, and a redevelopment of the Weyerhaeuser property - all concepts that stretch the scenarios described in the 1995 EIS. I believe it is time COr thy: ('ity to ultL(, z stcp hack and do ,mo(licr 1.IS that includes the areas annexed by the City since 1995, Includcs t1iQ 14y1e],0S PIWI, iiWIUde tlic ( 1t4':; new vision for transit and development, and use the ISI Ll:; int,:71d l t(-� ,%cLdi1 the ,u --i.,' <<r . in-ipacts of proposed development on the City's environment. Mark Spaur 319 37611 17th PIS Federal Way, WA 98003 320 Margaret Clark ISR From: Andu do <andu_do@yahoo.com> Sent: Thursday, February 07, 2019 8:12 PM To: Margaret Clark Subject: My Concern with Rezone Dear Ms. Margaret Clark, We are Matthew and AnhDu Do at Regency Wood, 37540 21stAve S Federal Way, 98003. Here our concern: 1- Was the 376th bridge, crossing 1-5 built for heavy traffic, and commercial trucks (>10 tones)? 2- Was 19th Way S/376st S built for heavy traffic? 3- 1 saw big trucks (>10 tones) going up on Milton. How do you prohibit them driving on 19th Way S/376st S? 4- 19th Way S/376st S was built as residential street so there are many houses facing it, children walk and play around it. It is next to community part so heavy traffic will be very dangerous for residents. 5- Area is too closed to senior living facility. If a community is built next to it, it will destroy their peacefulness, their quiet life style which they are looking for at their age. 6- Rezone it to build another senior living facility. Best Regard, Matthew&AnhDu Do 321 Margaret Clark From: Mark SPAUR <spaur@comcast.net> Sent: Friday, February 08, 2019 11:59 AM To: Margaret Clark Cc: Doc Hansen; rvond@comcast.net; suzanne quachang Subject: Non Project Actions, Milton Road Rezone Margaret - At the Planning Commission meeting on 2/6/19 Wayne Carlson and Doc Hansen both spoke about how the Milton Road rezone was a Non Project action. As such, the view expressed by both Mr. Carlson and Mr. Hansen was that impacts from projects would be considered once the projects are proposed, not during the rezoning process since no specific projects have been proposed. I disagree with that view. Washington State Department of Ecology (DOE) gives guidance on the SEPA process for Non Project Actions: https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/Guide-far- lead-agencies/Non-project-proposals This guidance states "When a nonproject action involves a comprehensive plan or similar proposal governing future project development, the probable environmental impacts that would be allowed for the future development need to be considered." DOE considers traffic and water two of several elements to be considered: https-//ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA- checklist-guidance I applaud the City doing a Traffic Impact Analysis (TIA) with the SEPA determination. That analysis is in the spirit of the guidance noted above and was missing from the previous rezone SEPA DNS. The TIA assumes that the S. 376th will be extended from Regency Woods to the Milton Road As you heard in the 2/6/19 Planning Commission Meeting, this extension is unacceptable to the local residents of Regency Woods and Brittany Lane. Since we are in the process of changing the City's Comprehensive Plan, can this minor collector road extension be removed from the Comprehensive Plan? 322 With respect to the water environment, no additional analysis of stormwater impacts on the Hylebos Watershed was done as part of the SEPA process for the Milton Road Rezone. The City, I believe, assumes that construction to the existing codes adopted by the City of Federal Way will be sufficient ta-n trgate^development-impact-onA-he-watershed—l-disagree-with4hi,- a�&sum-ptior4.-T-ie--Webos. Water Shed plan states that "Urban Development Causes Reduction/ Degradation of Habitat" and proposes the adoption of "Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) methods for new developments." Adoptions of these methods goes beyond the King County Surface Water Design Manual that is adopted by the City. The Watershed Plan can be found here: https://www.earthcorps.org/ftp/ECScience/Hylebos/HylebosWatershedPlan 2016.pdf Further, the guidance from DOE on Non Project Actions states: "SEPA review for nonproject actions requires agencies to consider the "big picture" by: • Conducting comprehensive analysis • Addressing cumulative impacts • Considering possible alternatives • Outlining successful mitigation measures" With the redevelopment of the Weyerhaeuser complex coupled with the proposed Rezone of the Milton Road area, the City is failing to look at the cumulative impacts on the East Hylebos creek - system. This fact alone I believe challeges the overall finding of non-significance in this SEPA DNS, The City of Federal Way is growing and expanding rapidly. The City last did an Environmental Impact Statement (EIS) in 1995, with a majority of the work was done in 1993. The EIS was predicated on a combination of two Land Use concepts and looked out for development for 20 years. Our City has embraced some elements of those two concepts, but has expanded beyond the scope of those concepts. It's been 24 years since the City has conducted a comprehensive environmental review of the entire city. Writing a new EIS would allow citizen input on what codes, policies and practices the city should adopt to preserve the environment in Federal Way and would allow the city to address the cumulative impacts to the Hylebos system from overall City development. I propose that the City take a step back from the Milton Road Rezone and conduct a thorough EIS for the entire city. This year the City is considering light rail extensions in the City, a light rail maintenance facility, a high density mix use project near the commons, the redevelopment of the Weyerhaeuser property, and the Rezone 55+ acres near the Milton Road. If this level of development doesn't trigger a larger environmental review process in the City, I ask what would ever trigger a new comprehensive EIS from the City?? 323 In summary, I am asking for the S. 376th extension be removed from the City's comprehensive plan and for the City to conduct anew city wide EIS. Thanks, Margaret, for all your time and support. Mark Spaur 37611 17th PI. S. Federal Way, WA 98003 324 Tina Piece From: Loren Neighbors <lorenwneighbors@yahoo.com> Sent: Thursday, January 17, 2019 1:47 PM ������� To: Margaret Clark Cc: Doc Hansen S5 Subject: Milton Road Rezone Comments Shannon and I are the owners of the five acre property at 1515 So. 272nd St. S located in the identified area for rezoning to either RS 7.2 or RS 5.0. We are in support of the proposed action. We also want to express our desire for rezoning to the RS 5.0 level, as there is a dire need for middle class housing in the area near good mass transit (freeways, buses and upcoming light rail). This would allow for development to be financially feasible. Thanks for your time, Loren Neighbors 206-348-7392 Shannon Neighbors 206-550-9971 151.5 So. 372nd St. So. Federal Way, Wa. 98003 325 Draft Minutes of the February 20, 2019, Planning Commission Public Hearing 326 ADDITIONAL PUBLIC COMMENT RECEIVED 327 Margaret Clark From: Diane Evans <1adydi98_99@yahoo.com> Sent: Wednesday, February 20, 2019 7:30 PM To: Tina Piety; Margaret Clark Subject: Oppose 324th Road Extension and Milton Road Area Legislative Rezone As homeowners in Regency Woods, we strongly urge you not to move forward with the City's proposal to rezone the area south of 369th and North of South 376th Street along Milton Road from R 35 (one home per every 35,000 square feet) to as compact as R 5.0 (one home per 5,000 square feet). We purchased our house in Regency Woods almost twenty years ago because we were drawn to an area that's quiet, safe and is dedicated to protecting woods and wetlands. Now, we're extremely concerned about how these proposals will compromise the safety of our neighborhoods. Before a final decision is made on these proposals, we implore you to have project staff: • Conduct an updated Environmental Impact Study to determine existing conditions (since the last study was completed in the `90's) and determine any the negative impacts that these proposals will create. • Study the impacts and potential safety solutions to traffic increasing exponentially around Wild Waves, especially during peak seasons when visitors park in adjoining streets and how trucks from Lloyd Enterprises (gravel) along with semitrucks trying to get around traffic on Highway 99 and 1-5. • Contact affected residents in the City of Milton (e.g. Copper Creek residents and Meridian at Stone Creek senior living community) and report back to the public on their responses to these proposals - especially given how deforestation and additional traffic on roads adjacent to their communities are already experiencing extreme congestion. • Contact staff, planning commissioners and elected officials at the City of Milton and report back to the public on how they plan to address increased traffic and the associated human and wildlife safety issues. o For example, will a traffic light be placed at Milton Road and South 376th and at Milton Road and Porter Road and to control the existing and future congestion? Currently, turning south on Porter Road from Milton Road is dangerous, especially during peak hours. Children waiting for the school bus or anyone trying to walk or ride their bike is treacherous without any buffer from cars that can't see them due to blind corners and no street lights on the Federal Way section. Please help us to continue enjoying living in this neighborhood by allowing children and families to safely walk, ride bikes and play in nearby community parks while sharing the protected wetlands and woods with wildlife. Thank you, Diane and Melinda Evans 328 Draft MI'nutes of the February 20, 2019, Planning-CommLsion-Vublic Heari-ng---,-, 329 CITY OF FEDERAL WAY PLANNING COMMISSION February 20, 2019 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Wayne Carlson, Lawson Bronson, Hope Elder,Tom Medhurst, Tim O'Neil, Diana Noble-Gulliford, Dawn Meader McCausland, Dale Couture, and Eric Olsen. Commissioners absent: None. City Staff present: Community Development Director Brian Davis, Planning Manager Robert"Doc" Hansen, Principal Planner Margaret Clark, City Traffic Engineer Rick Perez, Deputy City Attorney Mark Orthmann, and Administrative Assistant E. Tina Piety. CALL TO ORDER Chair Carlson called the meeting to order at 6:30 P.M. APPROVAL OF MINUTES The February 6, 2019, minutes were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING:2018 Comprehensive Plan Amendments/3241h Road Extension City Traffic Engineer Perez delivered the staff presentation_ He went over the proposal and its history. The original reason for an extension of 324"' is to improvc access to and from the City Center. As part of the proposal, staff recommends bicycle/pedestrian access to 32;`:1 from 324" as part ol'the continuation of the BPA trail. Commissioner O'Neil asked for clarification that the city will get the land from IRG. Engineer Perez stated that when they develop, the will give the city the land for the road (and thereby will not have to pay any traffic impact fees). Commissioner O'Neil asked who will pay for the road. Engineer Perez replied that the city is working on funding. Chair Carlson opened the meeting for public testimony. Richard Pierson—He has written comments he will submit. He is opposed to the proposed extension. One reason is he feels it will have adverse effects on other aspects of the comprehensive plan. He feels the existing alignment is a way to add a ring road on the east side. He commented that to access 32nd from the proposed extension, one would have to make two left turns and a right. Left turns lead to more accidents than right turns. He is also concerned with the safety of the - intersection of the proposed 324"' and Weyerhaeuser Way because it will be on a curve. It is not clear how the proposed road will bisect East Camp0 s. Planning Commission Minutes February 20,2019 Suzanne Vargo—She spoke in opposition of the proposal. She noted that the retention pond that was put into place in the 70s will be removed and a large retention pond put on North Lake. She does not think this is a good idea for the hydrology and environmental sensitivity of the area. We need to leave something for the future. She also noted that the Olympic pipeline would have to be moved and is concerned about the safety(mentioned the pipeline accident that had happened in Whatcom County). An accident could be catastrophic for our area as these are the headwaters of the Hylebos. Public testimony was closed. Commissioner O'Neil is concerned over the amount of road building that would be necessary for this project. Can DaVita work with the city to leave the plan as it is?Engineer Perez commented that they presently lease a building to the west and want only a parking lot between the buildings. The city was unable to come up with an alignment that would allow this. In the current plan,the road would go right through their proposed building. Commissioner O'Neil asked if the city will plan for a round-about at Weyerhaeuser Way and 324''. Engineer Perez stated the city will consider it. It would help address the concern with left turns. He went on to say the city will be looking for some of the funding to come from the state. It will be a multi-phase project with a cost likely of over '/4 billon. He expects it will be six to ten years for the first phase. Commissioner O'Neil asked if the city will be moving the retention pond as stated. Engineer Perez stated the city has no plans to move the retention pond. Commissioner Medhurst commented that he feels the proposal will lead to a redundant road to accommodate a developer; a road that from a traffic standpoint we don't need. Engineer Perez commented that since staff hasn't completed an analysis for 324"',we don't know if the original plan would be sufficient to accommodate the proposed traffic. Commissioner Meader McCausland asked for clarification of the timing of this proposal. Why is the proposed extension needed right now?Engineer Perez stated that DaVita has submitted their land use plans to the city and will be unable to develop according to their plans unless the proposed extension realignment is granted. They will abandon the project, and likely the city has a whole, if the realignment is not approved. The actual construction of the road likely won't happen for another ten years. Chair Carlson asked staff to show where the Olympic pipeline runs through the city. Engineer Perez commented that the city will have to deal with the pipeline whether this proposal is accepted or not. Commissioner Bronson suggested the Commission table until this fall until we know more about what will happen at the crossing where 3246'crosses I-5. Deputy City Attorney Orthmann explained that since this is a public hearing, the commission must take action as outlined in the staff report(adopt,not adopt, no recommendation, or adopt as modified). Timing is critical for the DaVita project. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded.to recommend that the proposed amendment not be adopted. Discussion was held of how denial of the proposed amendment will affect the DaVita project. The city doesn't have a firm timeline; but knows DaVita wants to break ground' as soon as possible. Community Development Director Davis commented that DaVita may choose not to relocate to Federal Way if the realignment is denied. DaVita wants to consolidate their operations and their current proposed project is the best way for them to do that. The project is not feasible with the current road plan. He stated the proposed realignment is about connectivity and the road will remain in the comprehensive plan whether as currently proposed or realigned.The road will be needed because there is not enough capacity on 320`h to handle the future traffic. Chair Carlson commented that he supports the proposal. He appreciates that the city is considering a bicycle/pedestrian route. In addition, lie feels employment opportunities should be considered. Commissioner O'Neil commented that he has 331 Planning Commission Minutes February 20,2019 walked in the area and feels there is no"good"answer, but considering it could bring in jobs,supports the proposal. Commissioner Bronson feels there much is going on in the area that are not certain and feels there hasn't been enough study of the impacts. A roll-call vote was held(Carlson,no; Medhurst,no; Bronson,yes; Elder, no;Noble-Gulliford, no;Meader McCausland, no; O'Neil, no) and the motion failed. Commissioner Bronson moved and Commissioner Elder seconded to recommend that the proposed amendment be adopted. There was no further discussion. The vote was held and the motion carried (unanimous). The public hearing was closed. PUBLIC HEARING: 2018 Comprehensive Plan Amendments/Milton Road Area Legislative Rezone Planning Manager Hansen delivered the staff report. He went over the history of the proposal. He also explained the SEPA process, significance, and the differences between project and non-project actions. The city received 37 comments in opposition to the proposal and two in favor. Manager Hansen g4ve a summary of the comments. He noted they deal with project issues as opposed to the non project proposal. Project issues will be considered when a project is applied for. He noted the only change proposed is the change to the zone(apartments are not allowed in the proposed zone). Chair Carlson opened the hearing for public testimony. Suzanne Vargo—She is speaking for the animals and trees/vegetation. The typography is Vashon Till (sandy loom). She asks that the city perform an EIS for the entire area. She noted the restoration of the Ellingson wetland has not been fulfilled and it has been two years. The city sounds like they expect nothing to happen once the rezone takes effect. People will build more houses once the rezone is in effect. She is concerned for the pipeline,the aquifer, and typography. She requests the city have a hydrological critical areas assessment done. Roger VonDoenhoff—He is against the proposal. It will lead to traffic,crime, and detrimental environmental impacts. The city says this is a non-project action, and therefore project issues don't matter, but the intent is to allow projects to happen. Yes,there are regulations, but the intent is to make developments work. This is the appropriate time for us to express our concerns. The city needs to consider all the impacts and how to mitigate them. He asks that the city consider RS 15 zoning and that the road through his property be deleted. Mark Spaur—He gave the Assistant Piety a copy of his PowerPoint presentation to be included with the minutes. He disagrees with what Manager Hansen said that project issues should not be considered as part of a non-project action. Future development needs to be considered. The 1995 EIS didn't consider this area because it was not a part of Federal Way at that time. He went over a number of regulations he feels the city did not address adequately. A number of projects have been done in this area and the city should do a comprehensive EIS that considers all the changes. He asks the city take into account regulations for low impact development. Rick Beard—One of the original applicants for the proposed rezone. The Puget Sound area is in the midst of a housing crisis. In order to keep people from homelessness, we need houses. Building more homes will help everyone. Lesley Roth—She lives in Brittany Lane. She is concerned with the environment and pipeline. She suggested an updated EIS be done to consider all factors. She is not against growth, but it needs to be done in a measured and understood way. Pam Otteson—She lives within the rezone area. She is in favor of the proposal. When you drive down 19"' Way South you will discover it ends in a barrier, like it should have gone farther. There are 19 driveways on it and the road is wide with adequate sight distance for each driveway. There are 12 driveways on Milton Road, but the road is not very wide and the driveways all have inadequate sight distance. If the area is developed, Milton Road would be widened and there will be sidewalks. 332 Planning Commission Minutes February 20,2019 Yuri Zaharchuk—He is opposed to the proposal. A lot of older people and kids walk and ride their bikes on 19`x' Way South. He is concerned for their safety.They have a lot of problems with crime. Robert Coleman—He agrees with the idea of removing the proposed minor collector from the comprehensive plan. It will become a major through thru if it is built. There is a major school bus stop in the area. There is a sign stating compression brakes may not be used, meaning truck traffic is allowed. Mary Perron—She lives near Wild Waves and sees a lot of crime. People park on the outskirts of the park and ignore the no parking signs. She doesn't feel safe. They hang out in the cars and drive too fast. Darrin Beam—Punching through the road will lead to more traffic. They have a fantastic neighborhood that would be destroyed. There is a lot of drug activity in the area. Punching the road through will lead to more homelessness in the area. Arnie Ellingson—One of the original applicants. He has four properties in the area. He has been trying for five years to rezone. He wants to retire. Most of the people testifying have houses already. They want his trees to stay to protect them from the noise. The city has an ordinance stating that a certain number of trees must stay if the property is development. He wants to be able to develop his land. Edith Neether—She is one of the original applicants. She has lived in the area since 1968. She went over the history of the area and noted she has a right to develop her property. She feels her area is neglected. The road is dirty and traffic is very bad. She and her husband want to move. Alex Costin—Regency Woods and Brittany Lane are one of the best kept secrets in Federal Way. It is shielded from the noise of I-5 by the trees in the proposed rezone area. If the trees go, the noise will become unbearable. He is also very concerned about the crime in the area. He feels he is forced to keep loaded guns in his house due to the crime in the area. The city needs to consider the long-term impacts. Many people have already moved out of the area because of crime and traffic, and the rezone will only increase the problems. Sherri Stanton— She lives in Regency Woods. She opposes the rezone. She suspects the rezone will have a negative impact on her neighborhood. Families in the neighborhood want a safe place to raise their kids. They want to feel the city supports them. And they want a clean environment. Roger Swenson—He lives next to Wild Waves. He has seen a lot of wildlife in his yard(including cougars and bears). When they redid Milton Road not long ago, they made his driveway steeper. More work on the road will make it even steeper. This makes it hard for him and his wife to get out of the driveway. He sees people doing drugs and has had people attempt to steal his vehicles. Growth happens, but he is concerned with the crime it is bringing. The public testimony was closed. Commissioner O'-Nei-1 agrees that if the-area is rezoned, people will soon begin to-develop the area.-He is concerned with the infrastructure. We need to be sure we have the infrastructure to support the development. Specifically, he is concerned if the city will be able to support the traffic and if the schools will be able to support the influx of students. In addition, he has heard that Lloyds plans to redevelop with multi-family, which while not in Federal Way, will send more traffic through Federal Way. 333 Planning Commission Minutes February 20,2019 Commissioner Noble-Gulliford asked how citizens would apply to remove the proposed road from the comprehensive plan. Engineer Perez explained the procedure. She then asked if a cluster development be allowed. Manager Hansen responded that currently cluster development is a demonstration project in the code. Per the current code,there would not be a change of density with a cluster development. There would have to be a code amendment to allow a cluster development in this area. Discussion was held about how many houses might be developed in the proposed rezone area. Staff feels when taking constraints into consideration, up to 144 houses could be developed in the area. Commissioner Medhurst doesn't understand why the city is pursuing a rezone of this area when the owner(Mr. VonDoenhoff) of 20 percent of the land opposes the rezone.Manager Hansen commented that the city is considering the long range impacts. It takes into consideration the comprehensive plan policy of infill development. The city's analysis shows that an area zoned compatible with adjacent areas is "protected"and will create an area in which the density is not increased. He also noted that changing the zoning doesn't require the property to make changes. Discussion was held in regards to the proposed 376`x'street. Engineer Perez noted that one of the concern of the city is connectivity, which is why 376th is shown extended. Engineer Perez has heard that Lloyd's is interested in developing warehouses. If this happens„ federal Way would be opposed to any plans that would send trucks to the north. The city would expect developers to improve roads to al low trucks to travel south. Commissioner Meader McCausland asked if there are any planned improvements to Milton Road. Engineer Perez commented that is in the comprehensive plan to be widened to two lanes, but this is not a high priority, so is many years away. There are many competing priorities. Commissioner Meader McCausland would like to see an additional environmental study in this area. Commissioner O'Neil asked if the school district has any say in the proposed rezone. Manager Hansen replied that the city notified the school district of the proposal and they had no comment. Attorney Orthmann commented that school impact fees will help with any impacts. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment be adopted as proposed. There was no additional discussion. The vote was held and the motion carried(six yes and one no). The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting adjourned at 9:30 P.M. KA\Planning Commission\2019\Meeting SummaryWeeting Summary 02-20-19."4 Planning Commission Minutes February 20,2019 Thank you Council for this opportunity to speak. Here are the reasons why changing the zoning for this area is a bad idea. Topography: The make up of the land according to soils Maps are Vashon Till, with Sandy Loam being prevalent. And we have the Lloyd's sand pit as visual. The zoning according to an 1952 King County Planning Commission study has this to say about decisions regarding this Highly Sensitive Area.: The Soils Map shows soils with slide characteristics and slopes more than 25%, that the slide potential is such that permanent forests use is recommended and residential development at its densest should be no more than one house per acre. The Commission adds that the slide characteristics do not manifest themselves until, land is cleared, roads are constructed and so on. It is too late to fix the problems. The zoning in this area one home per 35,000:These are the reason given for this zoning. • A designation of low density designation is considered as an additional means to limit the amount and rate of surface water runoff and soil erosion with in the Hylebos Creek Drainage Basin. • Urban design and aesthetics are important to the community and affected by density. Low density designations are made in portions of Federal Way as a means of protecting a rural character, preserving a visual image of trees and protecting the edges of the FW Community. • The KC Comprehensive Plan's INTENT to consider neighborhood characteristics and community sentiment in determining the appropriate level of density is reaffirmed. • In fact on April 9, 1379 the County Council passed Motion No. 4132 approving reclaim reclassification. • To preserve and protect environmentally sensitive areas and agricultural land. 335 • The winery is a beautiful example of how low density can be attractive economical, and helpful to the lands. The city should be more receptive to supporting these unique businesses in our sensitive areas. • Aquifer: This area is also a part of the Redondo-Milton Channel Aquifer. Just one more reason it is considered Highly Sensitive. Please consider FWRC Title 19, Chapter 145, Article V Critical Aquifers and read on the restrictions for development. Also note the Aquifer FWRC 19.145.80 "Prohibited Activities in Six-Month and One Year Capture Zones would apply. • The Olympic pipeline runs under the desired rezoning areas well. The pipeline according to City code should not be allowed at this time. Installed in the 60's the line is aged out, and permits must be required from all stake holders in which FW is one. The #1 failure to these pipelines is developers. We can not afford to have a Whatcom County in our Conservancy area. No amount of money should allow such a terrible idea. I ask that the City conduct a Hydrogeological Critical Area Assessment Report prepared by a qualified groundwater scientist determining the potential impacts of contamination on the aquifer. • Also please consider the critical buffer of trees as they serve our community well. These trees were protected for a reason. It is the mitigation for Brittany Lanes Wild Waves and Regency Woods. Why when more pressures than ever on this area, would we think these could be removed without any consequences. This is foolish thinking. As planners it is important to know your history. Some percentage must remain in any said area of development. The allotments have been done. Buildout was accomplished. You can't keep taking the same percentage of the pie every time you develop. • These trees aid in the macrobenthic invertebre that are the primary food for the salmon. They travel throughout the creek and depend on the trees, stones, and waters for food and habitat. Destroying this critical tree buffer is depleting the creek that supports our aquifer and the habitat that dwell with in it. • 1 witl stop here and say I don't understand tow topography and hydrology, historical facts, and past recommendations and not important factors here. This land was completely dismantled in the 50's with the construction of 1-5. 336 This area gets built out with Wild Waves, Brittany Lanes, Regency Woods, Todd Beamer and Park 16. All mentioned in your Hylebos Plan as areas we should never allow in the future. Example Wild Waves being allowed to use Mud Lake and turn it into an impervious water feature. When is enough, enough? What has been saved in our city? Why is nothing more important than the all mighty dollar? City Comp Plans state sit is the cities responsibility to provide healthy, high quality of life now and for generations to come. • This is why we come to you. You are the only that will make these decisions. What BAS do you have that would warrant going against past King County Commissions logical and thoughtful zoning for this area? • Thank you for your time. I hope this information will be heavily considered in your up coming decision. 337 February 20, 2019 Federal Way Planning Commission: I am aggrieved by the City of Federal Way determination of Nonsignificance (File No. 18-105898-00-SE) the extension of proposed South 324th Street to Weyerhaeuser Way South with the elimination of the connection to 32end Avenue South for the following reasons at this point: Subjecting Weyerhaeuser Way South to approximately 5,000 vehicles per day (p.14) does not recognize the traffic dispersion incorporated into the 2015 Comprehensive Plan utilizing both 32end Ave. S. (to S.320th and North) and Weyerhaeuser Way S. (via S 323rd Street). For traffic to proceed on the possible ring road to the East of 1-5 going from the comp plan S 324th St. to S 312' St and onward to Military Road., with the extension of 324th to Weyerhaeuser Way S., this "ring road" traffic whose apparent objective is to disperse traffic from the city center will have to take a left turn onto Weyerhaeuser Way South and then another left turn onto S. 320th St. and finally a right turn onto 32end Ave S (north transit of "ring road") to S. 312th St. where it will pass over 1-5 to the edge of the current city center.. This is a needles revision of traffic volumes created by the proposed extension of 324th St. adding driving time and additional safety risks created by two additional left turns and a right turn to get back on the extension of 32end Ave S. North, Exhibit B of the DNS (12/21/ 2018) clearly shows the extension of 32end Ave. S to the north of S. 320th St. This will have an adverse effect on the other aspects of the comp plan. Also an added safety issue related to the intersection of the proposed extension and Weyerhaeuser Way which at that point is on a curve was not reviewed. This proposed change in response to Staff Comments Vl. 1 (5) is not clear how this extension prevents the bisecting of a road through what they call the East Campus. 32411 St. will go primarily along the north boundary of CP-1 and per the comp plan into OP-1 to the North. In addition by my estimate the extension will require about 200 more feet of road construction requiring extra costs and crossing a gas-pi-peitne-which wfl4 bring 338 additional costs to the project and more environmental loss associated with road building. Also under the proposed determination all of the increased traffic volume of 5,000 vehicles will go onto Weyerhaeuser Way South instead of being dispersed both onto Weyerhaeuser Way South and 32end Ave. South and its extension north. In addition to the 5,000 vehicles, cited in the DNS the 2015 Comprehensive Plan and no evidence has been presented that the 5,000 vehicles above recognized the proposed developments of DaVita and Industrial Reality Group's permit estimates to be initially 7,000 additional vehicles and 800 trucks per day. Staff did not provide a response to review of their data in light of the additional traffic from city applications for development. Relative to the SEPA Environmental Check list item 8. b., forest land use has been practiced on the proposed street extension consistent with 1994 Concomitant Agreement requiring a "Managed Forest Buffer" around the perimeter of the property. Not constructing the extension of S.324th St. to Weyerhaeuser Way South will maintain the retention of the Managed Forest Buffer along the proposed realignment. Check list item 12. b. statement that the extension of S.324th street would "not displace any existing recreational use is challenged given the depiction of a trail in the City of Federal Way's "Weyerhaeuser Headquarters Site Conditions and Considerations" document, January 2015. Staff did not dispute this fact. I recommend that the City of Federal Way not adopted the proposed comp plan amendment for the extension of 324th S. to Weyerhaeuser Way as proposed in this DNS. It does have significant impacts to traffic safety, recreation, budget and the environment. Richard Pierson T 3516S. 336 th St. Federal Way, WA 98001 339 IAC;rk s , w z 0 w C.� 0 t� z 4 4 f 340 r� r Y� Q Z Z p u EU ) , Q � V Q a. LLJ r � Z m O ZLLI Z j O o w Z 2 Z w a 0 pZ = J z LI Z O m O Z U Z m 0 O p z o co W r o- ce Ln o > W ° u u c� ui w W = Z z a W w r d LZ w u5 w ° a_ a LU Q W ° LU od LU LU a p O w r W Z N � w -j w O V) Lu w I-- °- D '- w Q Z a Z Z LU w o W Lu Z U- U > a C� 0ww - rUzi -' ZQ LL LSC 0- w p o °LL. 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OV W F- F- V) u u 346 G ADDITIONAL PUBLIC COMMENT RECEIVED 347 Margaret Clark From: Diane Evans <ladydi98_99@yahoo.com> Sent: Wednesday, February 20, 2019 7:30 PM To: Tina Piety, Margaret Clark Subject: Oppose 324th Road Extension and Milton Road Area Legislative Rezone As homeowners in Regency Woods, we strongly urge you not to move forward with the City's proposal to rezone the area south of 369th and North of South 376th Street along Milton Road from R 35 (one home per every 35,000 square feet) to as compact as R 5.0 (one home per 5,000 square feet). We purchased our house in Regency Woods almost twenty years ago because we were drawn to an area that's quiet, safe and is dedicated to protecting woods and wetlands. Now, we're extremely concerned about how these proposals will compromise the safety of our neighborhoods. Before a final decision is made on these proposals, we implore you to have project staff: • Conduct an updated Environmental Impact Study to determine existing conditions (since the last study was completed in the '90's) and determine any the negative impacts that these proposals will create. Study the impacts and potential safety solutions to traffic increasing exponentially around Wild Waves, especially during peak seasons when visitors park in adjoining streets and how trucks from Lloyd Enterprises (gravel) along with semitrucks trying to get around traffic on Highway 99 and 1-5. • Contact affected residents in the City of Milton (e.g. Copper Creek residents and Meridian at Stone Creek senior living community) and report back to the public on their responses to these proposals - especially given how deforestation and additional traffic on roads adjacent to their communities are already experiencing extreme congestion. • Contact staff, planning commissioners and elected officials at the City of Milton and report back to the public on how they plan to address increased traffic and the associated human and wildlife safety issues. o For example, will a traffic light be placed at Milton Road and South 376th and at Milton Road and Porter Road and to control the existing and future congestion? Currently, turning south on Porter Road from Milton Road is dangerous, especially during peak hours. Children waiting for the school bus or anyone trying to walk or ride their bike is treacherous without any buffer from cars that can't see them due to blind corners and no street lights on the Federal Way section. Please help us to continue enjoying living in this neighborhood by allowing children and families to safely walk, ride bikes and play in nearby community parks while sharing the protected wetlands and woods with wildlife. Thank you, Diane and Melinda Evans 348 COUNCIL MEETING DATE: March 19,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: STATUS REPORT ON THE SWM COMP PLAN/CIP UPDATE AND RATE STUDY POLICY QUESTION: N/A: Information only COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution Z Other STAFF REPORT BY: Theresa Thurlow, P.E. DEPT: Public Works Options Considered: N/A: Information only MAYOR'S REC0111IE ATION: N/A Information Only MAYOR APPROVAL: DIRECTOR APPROVAL: ommiu Cot1 ct411 Initis ate r Initial/Date ilia ate COMMITTEE RECOMMENDATION:N/A Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 349 CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E., Public Works Directn)i* Theresa Thurlow, P.E., SUlf.'ICU Water Division Manager SUBJECT: Status Report on the SWM Comp Plan/CIP Update and Rate Study Financial Impacts No financial impacts to the 2019/2020 SWM Operational or CIP(304)budgets. Background The SWM Comp Plan/CIP Update and Rate Study project was approved in June 2017 by City Council. In August 2018, Herrera Environmental Consultants, Inc. was contracted to evaluate the City's Stormwater Management(SWM)program, status of its infrastructure, and analyze watershed needs to allow for planning of increased requirements under the next NPDES Phase II permit,continued flood reduction efforts, and capital improvement projects. SWM incorporated a rate study within this project to analyze impacts of increased permit requirements, aging infrastructure needs, and increased urban growth to the program and determine if changes need to be made to SWM's current utility rates and structure. This status report is an informational brief on the progress of this project. 350 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UPDATE ON THE DEVELOPMENT AGREEMENT WITH SOUND TRANSIT FOR THE FEDERAL WAY LINK EXTENSION PROJECT. POLICY QUESTION: N/A COMMITTEE: Land Use and Transportation MEETING DATE: March 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: Tony Doucette, P.E., Sound Transit Liaison DEPT: Public Works Attachments: Staff Report Options Considered: N/A MAYOR'S RECOtiIMENDATION: N/A MAYOR APPROVAL: 149 _ DIRECTOR APPROVAL: Cv tnrittce CouI Initial/Date Initial/Date I n it iaL Date COMMITTEE RECOMMENDATION:N/A Mark Koppang,Committee Chair Jesse Johnson,Committee Member 1-Iaang"Iran, Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 351 CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Tony Doucette, P.E., Sound Transit Liaison" SUBJECT: Update on the Development Agreement with Sound Transit for the Federal Way Link Extension BACKGROUND: The Federal Way Link Extension (FWLE) Project is part of the Sound Transit 2 and Sound Transit 3 Plans that were approved by voters in 2008 and 2016, respectively. Sound Transit is in the procurement phase of the FWLE Project that will connect the existing Angle Lake Light Rail Station to a new Federal Way Transit Center Station by 2024 with intermediate stops at Kent/Des Moines Road and S 272nd St. Improveinents within Downtown Federal Way include a neNv station at the Federal Way Transit Center, constructing a parking garage to add approximately 400 spaces, and a new grid road layout between S 316th St, S 320" St, 21St Ave S, and 23 `I :1ve S. As part of the FWLE project, Sound Transit has requested two agreements with the City. One is a Development Agreement that will outline the roles, responsibilities, code requirements and deviations, permitting framework, design review approach and design standards for the project. The second is separate Transit Way Agreement that is essentially a Franchise Agreement and will allow construction, operation, and maintenance of a Light Rail Transit System on,under, and over property in which the City has and will retain an ownership interest, including of public rights-of-way. This update addresses the Development Agreement. Council has already approved Ordinance #19-864 approving the Transit Way Agreement. City staff have been negotiating the terms of the Development Agreement with Sound Transit for nearly two years. Staff recently reached agreement on the final terms of the agreement and are presenting this update to LUTC ahead of a public hearing and Council action on the agreement in late spring or early summer. Key elements to be included in the Development Agreement as part of the FWLE Project include: • Reconstructing 23`d Ave S from S 317th St to S 3201h St as a concrete roadway • Reconstructing S 317th St from 28th Ave S to 23`d Ave S as a concrete roadway • Constructing a new roundabout intersection at 23`d Ave S and S 317th St • Constructing pedestrian improvements between the proposed Federal Way Transit Center Station and the existing Park and Ride at the intersection o f'23 d Ave S and S 324th St, east of the Commons Mall 352 March 4,2019 Land Use and Transportation Committee Update on the Development Agreement with Sound Transit For the Federal Way Link Extension Page 2 • Expanding the City's Fiber Optic system capacity by providing a backbone along the full length of the Gight Rail Transit System alignment from S 272" St all the way to S 320'' St Next steps for the Development Agreement include City and Sound Transit staff finalizing the agreement, scheduling a public hearing, and presenting the full terms of the agreement to both LUTC and Council. Staff anticipate the public hearing and Council presentations to occur in late spring or early summer. 353 This page left blank intentionally. 354 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:INFORMATION ON DEVELOPING AND IMPLEMENTING A CITY RENTAL INSPECTION PROGRAM POLICY QUESTION: N/A COMMITTEE: Land Use and Transportation (LUTC) MEETING DATE: March 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution Other STAFF REPORT BY: Brian Davis, Community Development Director DEPT: Community Development Background: On February 19, 2019, City Council voted to refer the topic of developing and implementing a city rental property inspection program to LUTC for further study. The Community Development Department has formed a staff working group to undertake this task. Unlike neighboring cities that have used outside consulting help to develop a rental inspection program over the course of multiple years, Federal Way staff has been asked to do it in-house within 12 months. The attached timeline and an introduction to the staff working group will,be presented at the March 4,2019 LUTC meeting. Attachments: Rental Inspection Program 2019-20 Tentative Legislative Schedule Options Considered: N/A MAYOR'S RECOMMEND TION: .� MAYOR APPROVAL: � _ DIRECTOR APPROVAL: c4hminee I C01121f,I1 KiiialfDate Initial/Date twonl/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DE_FERRED/NO ACTION Ennctineat reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 355 Rental Inspection Program 2019-2020 Tentative Legislative Schedule February 19, 2019: Community Development presentation to Council. February 22, 2019: Rental inspection program staff working group kick-off meeting. February 25, 2019: Staff working group begins program analysis and research. March 4, 2019: Community Development status update to LUTC. May 6,2019: City staff working group policy options to LUTC. May 14, 2019: CD Director brief status update at regular council meeting. May 15, 2019: Staff working group begins draft program. August/September 2019: Renter stakeholder meeting on program proposal.* August/September 2019: Landlord stakeholder meeting on proposed program. Labor day (September 2,2019) September-October 2019: Staff working group integrates public input to FWRC Title 7 and implementation recommendations. October 8-17, 2019: LUTC packet and Draft Ord, review by CD, PW, Law, and Mayor's office October 23rd, 2019: LUTC packet due (Agenda Bill Signed + Draft Ordinance) November 4, 2019: LUTC—Presentation of Ordinance and Action November 13, 2019: Council packet due Thanksgiving Holiday(Nov. 28-Dec. 2) December 3, 2019: City Council—Ordinance First Reading. January 7,2020: City Council—Ordinance Second Reading and Enactment. February 7, 2020: Ordinance in effect. February 22,2019 "City may choose to do outreach in non-summer holidays to maximia.96blic participation