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Planning Commission PKT 10-16-2019M< City of Federal Way PLANNING COMMISSION October 16, 2019 City Hall 6:30 p.m. Council Chambers. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES September 18, 2019, & October 2, 2019 4. AUDIENCE COMMENT — UNRELATED TO COMMISSION BUSINESS 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • Public Hearing: Code Text Amendment of Title 19, Division III, Mitigation and Fees 7. ADDITIONAL BUSINESS 8. ADJOURN , Commissioners Wayne Carlson, Chair' Tom Medhurst, Vice -Chair Lawson Bronson Hope Elder Dawn Meader McCausland Tim O'Neil Diana Noble-Gulliford Dale Couture, Alternate Eric Olsen, Alternate K: (Planning Commission120191AgndaUgmda 10-1619.do City Staff Robert "Doe" Hansen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253-835-2601 www.citvoffederalway.com CITY OF FEDERAL WAY PLANNING COMMISSION September 18, 2019 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Wayne Carlson, Tom Medhurst, Hope Elder, Lawson Bronson, Dawn Meader McCausland, Tim O'Neil, Diana Noble-Gulliford, Eric Olsen, and Dale Couture. Commissioners absent: (ex). City Staff present: Principal Planner Margaret Clark, Senior Planner Ryan Medlen, 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 Commission O'Neil moved (and Commissioner Medhurst seconded) that the July 17, 2019, minutes be corrected to state "professional" engineer and not "certified" engineer. There was no debate and the motion carried. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Principal Planner Clark announced that Surface Water Manager Teresa Thurlow will be attending the October 2, 2019, meeting to present a study session on proposed change to the code in regards to mitigation and fees to add a system development charge; this is a one-time fee paid at the time of development. The public hearing is scheduled for October 16, 2019. Planning staff is continuing to work on the housekeeping amendments. In response to a question, Attorney Orthmann clarified that the system development charge would be assessed on new development (a connection charge), or development that cause a significant burden to the surface water system. Chair Carlson commented that we have had uneven quality of presentations from public works; sometimes they have difficulty explaining complex topics. Principal Planner Clark will relay the concerns to SWM Thurlow. COMMISSION BUSINESS BRIEFING/DISCUSSION: Sound Transit Link Extension Projects in Federal Way Senior Planner Medlen delivered the staff presentation. The purpose of this briefing is to update the Planning Commission on the status of three core areas of interest: * Federal Way Link Extension; * Operations & Maintenance Facility site selection process; and * Tacoma Dome Link Extension. Planning Commission Minutes Page 1 September 18, 2019 And to inform the Commission of an upcoming planning effort related to potential South Federal Way station areas. He first discussed the Federal Way Link Extension. The permitting process is in the early stages. An open house is scheduled for November. Sound Transit is expected to approve a grant for $730,000 for the city to install a traffic light and pedestrian improvements at 2111 and 320th. He then opened the floor to any Commissioner questions. Commissioner O'Neil expressed concern about the proposed traffic light and street level pedestrian crossing at 3201h and 21 St. He doesn't believe it will prevent traffic accidents. He expects a large number of pedestrians using the crossing after each train. Why not a pedestrian bridge? How was this decision made? Commissioner Bronson agrees. The Federal Way Station is not the end of the line. The train will cross 320t' at an elevated level. Why not widen that to include a pedestrian crossing lane? Senior Planner Medlen commented that the decision was considered the one most practically and feasible. Commissioner Noble-Gulliford agrees with both Commissioners. She noted that the Northgate facility has a pedestrian bridge, so why not Federal Way? She commented that a bridge would be Transit Oriented Development (TOD), a pedestrian -friendly facility, something Sound Transit strongly encourages. We have a J -walking problem in Federal Way. A bridge would help. A street -level pedestrian crossing doesn't best serve Federal Way. Commissioner Meader -McCausland asked if there might be an opportunity in the future to re -visit the pedestrian bridge question. She also asked an explanation of where the funds are coming from and the benefits for the city. Senior Planner Medlen explained that the $730,000 for the signal and pedestrian crossing comes from a $10 million grant pool for jurisdictions in Sound Transit's jurisdiction for mitigating the Link Extension. This is a project that Public Works has been considering, but no funding has been available. It is expected to improve both vehicle and pedestrian circulation. He also commented that there will always be opportunities to reconsider a pedestrian bridge. Chair Carlson commented that his concern is having yet another signal between I-5 and Pacific Highway South. The area is highly congested with vehicles and pedestrians. He also feels there are pedestrian crossings in the area close enough to walk to. Commissioner Medhurst commented that he agrees with the other Commissioners. As he has heard, the funding has not been approved and the official approval has not yet been made. As such, he feels the city can re -visit the issue in a way that brings a different result. Senior Planner Medlen will have to pass this along to Public Works. Commissioner Bronson asked if this will comply with the Americans With Disabilities Act. Senior Planner Medlen commented that will happen during the design phase. Commissioner Couture commented that it might be more beneficial to the city to spend the funds on a different part of the Link Expansion project further south. Senior Planner Medlen - stated that since the funds are coming from a grant, he doesn't believe that will be allowed under the terms of the agreement. Senior Planner Medlen will respond to the Commissioner regarding the background of the decision not to move forward with a pedestrian bridge. -Senior Planner Medlen went on to discuss the Operations & Maintenance Facility site selection process. A preferred alternative is estimated to be identified in mid -2020. The city supports the Midway Landfill site in Kent (only the alternative on I-5 was moved forward by Sound Transit). The two Federal Way alternatives are at the Christian Faith Center and 344`h and I-5. The city is planning to have a fiscal impact analysis prepared for the two Federal Way alternatives. He then opened the floor to any Commissioner questions. Senior Planner Medlen went on to discuss the Tacoma Dome Link Extension. Three station location alternatives in South Federal Way have been identified. For all options the guideway follows the alignment of I-5 through Federal Way. The Draft Environmental Impact Statement is expected to be released for comment in 2021. The preferred alternate is at Enchanted Parkway and 352' because while it will impact a larger number of businesses it has broader TOD potential. He also explained the design options for the Belmor Mobile Home Park. He then opened the floor to any Commissioner questions. Commissioner O'Neil commented that he is concerned that in the future many Federal,Way jobs will be located on the east side of I-5, while people live on the west side. Has there been discussion/analysis of how people will be able to travel from west to east? Is there a plan for this? Senior Planner Medlen commented that this is a concern of the city and the city is talking to Metro Transit about offering more east -to -west bus service (ideally in conjunction with the light rail). Commissioner Noble-Gulliford noted Planning Commission Minutes I Page 2 September 18, 2019 that the Federal Way transit stations are being planned in areas that are already over -burdened with car traffic. She also commented that the 352nd area is one of the few areas the city has that is available for industrial zoning. Is the city considering allowing more residential uses in this area? How will TOD fit into the current zoning? Senior Planner Medlen commented that this question is a good segue into his next discussion point on an upcoming Vision Framework Exercise. He asked if there any further questions/ comments on the Tacoma Dome Link Extension before he went into his next discussion point. Commissioner Bronson noted that when the proposed alternatives were discussed last year, it was stated that the currently preferred alternative the rail guideway will have to cross the cloverleaf (Highway 18) intersection. Is there a plan in place for this and if so, what is it? How high will the rail guideway have to be? Senior Planner Medlen commented that issue will be in the preliminary plan, which is not yet available. Commissioner Bronson commented in regards to the Belmor plan, he is concerned about the speed of the trains in the planned curves of the proposed design. Senior Planner Medlen replied that staff will make a note of the concern and will check the draft environmental impact statement when it is available to be sure the concern is addressed. Commissioner Meader McCausland asked if there is any section of the track in Federal Way will be at grade? Senior Planner Medlen replied that most of the track will be elevated, but small areas in the I-5 section will be at grade. Senior Planner Medlen went on to discuss the upcoming Vision Framework Exercise. City staff will lead an effort with the support of Sound Transit staff and resources to do a community vision exercise for the South Federal Way area. The exercise is far ahead of the actual South Federal Way station in part so that Sound Transit can use the findings to help inform their early design work. The information will be used to inform future planning efforts, such as zoning considerations, design considerations, etc. The exercise may lead to a sub -area plan or updates to the comprehensive plan during the next major update. The details of the exercise are currently being designed. Once the details are clear, staff will be informing and receiving information from the public on the future of the area. Staff is planning a kick-off workshop, a stakeholder group, an online open house with a survey, and a lot of advertising and outreach. Staff hopes to have the kick-off workshop before the end of the year. Chair Carlson encourages the staff to include residents, business owners, environmental community, etc. in the stakeholder group. Commissioner Bronson commented that he was one of the original stakeholders for this effort, he feels that he wasn't listened to because he is "just" a citizen. Senior Planner Medlen commented that he will take these comments into consideration as part of the design of the exercise. Commissioner Noble-Gulliford asked if the current comprehensive plan and zoning will be used as a guideline of how the vision will be developed. Senior Planner Medlen replied that staff wants to know how people envision the future of this area without being influenced by the current comprehensive plan and zoning (are they looking for something different from the current plan and zoning? Do they envision residential being a part of the area?). Commissioner Medhurst commented on the proposal to add an additional traffic light to 320'. Who can the Commissioners go to at this point to express their concerns about adding a traffic light to an already "dangerous" overly burden street. The idea needs to be revisited. He feels this is the most glaring problem out of what the city can control in this light-rail process. Attorney Orthmann commented that ultimately it will come down to what Sound Transit is willing to pay for under their budget. He suggested Commissioners send their concerns in an email to Assistant Piety and staff will send them on to Public Works and Sound Transit as appropriate. ADDITIONAL BUSINESS Commissioner Noble-Gulliford asked about the status of the 2019 work plan. Principal Planner Clark responded that plan will be done once the housekeeping amendments are completed. Staff has started to prepare the 2020 work plan. Commissioner Noble-Gulliford continued that at the City Council meeting last night there was discussion of funding for the PAEC and one suggestion for funding was using some Planning Commission Minutes Page 3 September 18, 2019 from Community Development permit fees. This concerns her because the department is doing a lot of work with a small number of staff and needs that funding. She would rather the money stay. within the department. She asked Principal Planner Clark to pass on her concerns to the department's director. ADJOURN The meeting adjourned at 7:50 P.M. r K.TImning Co=ission\2016VNeeting Summary 09-18-19.doe Planning Commission Minutes Page 4 September 18, 2019 From: Ryan Medlen To: Tina Pi Cc: Doc Hansen; Tony Doucette; Brian Davis Subject: Email for Planning Commissioners Date: Tuesday, September 24, 2019 2:21:16 PM Planning Commissioners, The following points are a follow-up to the question about the history behind the decision to not construct a pedestrian bridge overpass as part of the Sound Transit — Federal Way Link Extension project. These points highlight key issues raised in the discussions that led to that decision. The Police Department had crime prevention concerns. Pedestrian bridges or underpasses are areas that are less visible, meaning they are often vandalized with graffiti or places where crime can generally occur. This issue is more significant if a bridge does not receive regular, continuous foot traffic and sees mainly commuter traffic during peak travel periods. While the design of the bridge can help with crime prevention, it cannot prevent all of it and if crime became too frequent, then police staffing would be impacted. Sound Transit keeps their light rail guideway as an independent structure, so widening the guideway bridge over 320th to accommodate pedestrians is not an option for any pedestrian path over 320th. The separate structure issue applies to the station platform as well. The guideway and station platform share structural supports, this means a pedestrian bridge would not be allowed to connect directly to the station platform either. The cost of a pedestrian bridge is significantly greater than improving existing sidewalks and other legal pedestrian routes that exist already. The option of a pedestrian bridge does not go away, so if redevelopment at the Commons Mall occurs, or conditions otherwise change, to an extent that justifies the cost of a pedestrian bridge, it can be built at a later date. Regards, Ryan Medlen Senior Planner F idelral way 333258 th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2632 www.cityoffederalway.com NOTICE: All emails, and attachments, sent to and from the City of Federal Way are public records and may be subject to disclosure pursuant to the Public Records Act (RCW 42.56). CITY OF FEDERAL WAY PLANNING COMMISSION October 2, 2019 City Hall 6:30 p:m. City Council Chambers MEETING MINUTES Commissioners present: Wayne Carlson, Tom Medhurst, Hope Elder, Lawson Bronson, Dawn Meader McCausland, Tim O'Neil, Diana Noble-Gulliford, and Dale Couture. Commissioners absent: Eric Olsen (ex). City Staff present: Planning Manager Robert "Doc" Hansen, Principal Planner Margaret Clark, Surface Water Manager Theresa Thurlow, and Deputy City Attorney Mark Orthmann. CALL TO ORDER Chair Carlson called the meeting to order at 6:30 P.M. APPROVAL OF MINUTES None AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Hansen announced that on Monday, staff completed an application to the Department of Commerce for a grant for $100,000 for the ability to create a Housing Action Plan. Six jurisdictions will be involved on this project. Each jurisdiction will have its own action plan. The jurisdictions will share funding for a consultant to develop an Interactive Model that will show the distribution of housing in the region. It will show how changes in one jurisdiction will impact another. We will know by the end of the month whether we have received the grant or not. UPDATE: Sound Transit Link Extension Projects An email was sent to Commissioners about the history behind the decision to not construct a pedestrian bridge overpass. COMMISSION BUSINESS STUDY SESSION: Code Text Amendment of Title 19, Division III, Mitigation and Fees Surface Water Division Manager Thurlow delivered the staff report. Staff is proposing an amendment to Federal Way Revised Code (FWRC) Title 19, Division III, Mitigation and Fees, related to the collection of system development charges (SDC's) for connecting to the city's stormwater conveyance system. The Planning Commission Minutes Pagel October 2, 2019 SDC's will apply to new and significantly redeveloped projects (those creating additional significant demand). For redeveloped property, the SDC would only be assessed on new impervious surface. She went over the background and reason for the proposal. Discussion was held over how the surface water is collected and if it is treated. The city does not "treat" the water, other than what occurs naturally in collection ponds. The city does educate people on how to reduce the amount of pollutants that might enter the water. Commissioner O'Neil asked how does the city's calculations differ from other jurisdictions. The city will charge $1123 per ESU (3200 square feet) Manager Thurlow replied that the ESU for other jurisdictions may be different from the city's. Some jurisdictions have a straight charge as opposed by square footage. Manager Thurlow will prepare a comparison chart of the cost that will consider how the cost would be assessed on a typical parcel. Commissioner Meader McCausland asked if all parcels within the city are assessed stormwater fees. Manager Thurlow replied that they are. Residential parcels are all assessed the same fee of one ESU. Commercial properties are charged based on how many ESU's (or impervious surface) they have. Multi - Family is charged as commercial. All non -single-family residential is charged as commercial. Commissioner Couture commented that not all parcels are the same (infiltration can differ). Is this taken into consideration? Manager Thurlow replied that the developer is required to consider low -impact development (LID) and if he/she can meet the development requirements for LID (with good soils and not in a landslide hazard area) the developer can reduce the impervious surface with lower pervious concrete and so on, reducing the development's total impervious surface and thereby, the charge. In addition, some developments will be able to have detention on-site and thereby reduce the amount of impervious surface and the charge. Developments are charged by how much they impact the stormwater system. Chair Carlson asked if a development had such good permeable soil so that if much of the site is impervious, but there is a pond whereby all the run off quickly disperses (it doesn't flood), would they still have to pay the stormwater runoff charge just based on the ESU? Manager Thurlow replied that there will never be a 100 percent closed system, so there will be some charge for stormwater runoff. Commissioner Noble-Gulliford asked where does the money go. Manager Thurlow replied that the funds will be placed into an account for stormwater utility that can only be used for this need (the effects of development on capacity, for vaults, catch basins, etc.). May not be used for operation and maintenance, fish passage, or purchase of conservation property. Commission O'Neil commented that would it not be fairer to base this charge only on the amount of water that will leave the site. Manager Thurlow that the burden that would put on the city's development review would be substantial. Commissioner O'Neil suggested requiring the developer to prove that less water will flow out from the site. Manager Thurlow replied that is something staff could consider adding to the ordinance. There is a section that would allow a developer to apply for a credit if they disagree with the city's assessment. Commissioner Meader McCausland asked what might happen in the future if a developer is assessed a lower SDC but then the property is further developed with more impervious surface. Manager Thurlow commented that any new or redevelopment would have to go through the planning process and additional funds might be assessed at the time if warranted. Commissioner Meader McCausland asked if staff considered possible future climate change. Manager Thurlow replied that issue is up for discussion. There is discussion in the stormwater community to change the capacity threshold to address climate change. We are having higher intensity rainwater events. Planning Commission Minutes Page 2 October 2, 2019 Commissioner Meader McCausland asked if other jurisdictions treat their stormwater and if so, do they bundle it with their stormwater fee. Large jurisdiction (Seattle, Tacoma, etc.) are required to retrofit for treatment. Their fee only addresses water quantity, not quality. Treatment fee is part of what is assessed to the rate payer. ADDITIONAL BUSINESS ADJOURN The meeting adjourned at 7:50 P.M. K .Taring Commission\2016Neeting Summary 10-02-19.doc Planning Commission Minutes Page 3 October 2, 2019 4ik CITY OF � Federal Way PLANNING COMMISSION STAFF REPORT DATE: October 16, 2019 TO: Planning Commission VIA: -Jim Ferrell, Mayor/rt19 EJ Walsh, P.E., Public Works DirectorZ4% FROM; l(i/' �,,�-� I Theresa Thurlow, P.E., Surface Water Division Manager d' I Amendments to FWRC Title 19, "Zoning and Development Code", Division III, SUBJECT: "Mitigation and Fees", adding a Chapter, "Surface and Storm Water Utility System Development Charge " I. BACKGROUND The City is proposing a text amendment to Federal Way Revised Code (FWRC) Title 19, Division III, Mitigation and Fees, relating to the collection of system development charges for connecting to the City's stormwater conveyance system. I During the financial analysis of the Surface and Stormwater Utility's rate and rate structure, the Consultant recommended the City assess a system development charge on development that creates additional demands and needs for public facilities. The proposed text amendment to FWRC Title 19 would add the requirement for a System Development Charge (SDC) to be assessed when new development or re -development creates a need for a change in the City's drainage system. The City's stormwater drainage system is a series of catch basins, pipes; ponds, and vaults. The size and type of this infrastructure is based on the amount of runoff calculated at the time of development. If there is a change in the amount of rainfall runoff into the public drainage system as a result of new or altered hard surfaces, the public system may not be adequate to handle the new demands.1 The purpose of the SDC is to share'the "...cost of public facility improvements that are reasonably related to the service demands and needs of new development.". (RCW 82.02.090) The purpose of the proposed amendment is to more fairly distribute the costs associated with expansion of and a growing demand on the City's stormwater system by assessing a fee on new development or re -development prior to connection of their private stormwater infrastructure to the City's stormwater system. _ SDCc shall be assessed at the time of development, as defined by FWRC 19.05.040, to recover a share of the cost of the impact of development. SDCs serve two primary purposes: (1) provide equity between existing and new customers; and (2) provide a source of capital funding in support of system costs. The SDC charge shall be an upfront charge imposed on system growth and is primarily a charge on new development, although it will also be applicable to expansion or densification of development when such actions increase the development's requirements for utility system capacity. The proposed amendment is planned to be assessed on new development within the City of Federal Way, beginning in 2020. The fee will be assessed based on contribution to increased runoff and will be based on impervious surface area. SDCs shall be included within the 2020 City of Federal Way Fee Schedule and will calculated as a dollar amount* per ESU. For the purposes of assessing an SDC, ESUs will based on the total impervious surface area included within the City Approved Develop Plans. Assessed SDCs shall be paid to the Surface Water Utility revenue account prior to connection of private stormwater infrastructure to the City's public system. SDCs/ESU for 2020 shall be $1,123 and will be set each year thereafter within the City of Federal Way Fee Schedule. IL CURRENTSTANDARDS The City of Federal Way does not currently assess a System Development Charge on development or redevelopment. 111. PROPOSED CHANGESTO CODE The proposed text amendment to Federal Way Revised Code (FWRC) Title 19, Division III, Mitigation and Fees, relates to the collection of system development charges for connecting to the City's stormwater conveyance system. The purpose of the proposed amendment is to more equitably distribute the costs associated with a growing demand on the City's stormwater system by charging a fee to new development that increases impervious surface area before they are able to connect their private stormwater infrastructure to the City's stormwater system. The charges will be assessed as a one-time fee to be paid at the time of development. The proposed amendment is proposed to be assessed to new development within the City of Federal Way, beginning in 2020. The recommended draft code revisions are attached. IV. TIMELINE, The actions that have occurred and the anticipated timeline for completion of the code amendments process are shown below: 1. Consultant Study — July 2018 to December 2019 2. Notice of Planning Commission Public Hearing — September 27, 2019 3. Planning Commission discussions — October 2, 2019 4. SEPA — Non -project action determined to be exempt under WAC 197.11 (19) Procedural Actions 5. Planning Commission Public Hearing — October 16, 2019 6. 21 Day Appeal Period Ends — November 6, 2019 7. Land Use/Transportation Committee Public Meeting — November 4, 2019 8. City Council Public Meeting Is` Reading of Ordinance —November 19, 2019 9. City Council Public Meeting 2"' Reading of Ordinance — December 3, 2019 10. Notice in Newspaper — December 6, `2019 2 11. Ordinance Effective— January 1, 2020 V. PUBLIC COMMENTS There were no public comments received. VI. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review; the role of the Planning Commission is as follows: 1, To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80.130. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VII. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130. The City may amend development regulations only if it finds that the proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goals and policies: CFP7 - Maximize the use of existing public facilities and promote orderly compact urban growth. CFG2 - To meet current needs for capital facilities in Federal Way, correct deficiencies in existing systems, and replace or improve obsolete facilities. CFG3 - Provide capital facilities to serve and direct future growth within Federal Way and its Potential Annexation Area as they further develop. CFP13 Provide the capital facilities needed to serve the future growth anticipated by the FWCP. CFP16 Plan and coordinate the location of public facilities and utilities in advance of need. CFPG4 - Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented. CFP22 - Manage the City of Federal Way's fiscal resources to support providing needed capital improvements. Ensure a balanced approach to allocating financial resources between: 1) major maintenance of existing facilities; 2) eliminating existing capital facility deficiencies; and 3) providing new or expanding existing facilities to serve new growth. CFPG6 Manage the Surface Water Utility in a manner that makes efficient use of limited resources to address the most critical problems first, and which expresses community values and priorities. CFP34 - The utility's funds and resources shall be managed in a professional manner in accordance with applicable laws; standards, and City financial policies. CFP35 - The utility shall remain a self-supporting enterprise fund. J CFP36 - The utility Capital Improvement Program (CIP) will provide funding for the following types of projects: 3) Projects needed for renewal/replacement or additions to current infrastructure and facilities. CFP37 - To the extent of funding limitations, the CIP shall be sustained at a level of service necessary to implement cost effective flood control mitigation; meet water quality policies; maintain system integrity; provide required resource stewardship and protection; and meet federal, state, and local regulations. CFP38 - The utility will continue to strive to minimize the use of loans to fund necessary capital improvements, and will generally operate on a "pay-as-you-go basis." However, low interest loans (i.e. Public Works Trust Fund) and/or grants will be used to leverage local funds when feasible. The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it enables the Surface and Stormwater Utility to apply a long-range approach to the financing of necessary facilities to ensure continued operation of the drainage infrastnicture and reduces the likelihood of flooding as a result of an overburdened system. The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because fairly distributes the costs associated with a growing demand on the City's stormwater system by assessing a charge to new development or re -development that increases impervious surfaces or alters pervious surfaces resulting in increased rainfall runoff VIII. MAYOR'S RECOMMENDATION Based on the. above consultant and staff analysis and decisional criteria, the Mayor recommend the approval of the proposed amendments to FWRC Title 19, "Zoning and Development Code", Division III, "Mitigation and Fees", to add a new Chapter, "Surface and Storm Water Utility System Development Charge." 4 Section X. A new chapter of the Federal Way Revised Code is hereby created, Chapter 19.96, to read as follows: Chapter 19.96 Surface and Stormwater Utility System Development Charges. 19.96.010 Purpose and intent. ' - The city council has determined that it is in the public interest to enact and impose Surface and Stormwater Utility System Development Charges (SDC.)``foKthe purpose of recovering the equitable share of the cost of impacts to the Citydof Federal Way Surface and Stormwater Utility facilities that result from development that increases impervious surfaor changes pervious surfaces resulting in an increase in"rainfall runoff. 19.96.020 Definitions. The following words and terms shall have the\NT.- fllowing,.meanmgs for the purposes of this chapter, unless the context clearlyr�qu-�resotherwrm`s otherwise not defined herein shall be defined pursuant to Chapter 19.16r,,giveri tlieir usual and customary meaning. "Equivalent Service Unit (ESU)" means the;average,amount of impervious surface area on single- familyresidentialparcels within the City of Federal Way. Impervious surface area includes the single-family'\re"s'idence, dn*veway, walkway, paved areas, and other surfaces that do not allow penetration of stormw4ter runoff into the ground. The ESU value for the City of Federal Way has been calculated to be 3,200 square feet. "Impervious surface area" means the non -vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development and/or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, i but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. "Redevelopment" for the purpose of assessing SDCs means a site that is already"substantially developed (i.e., has 35 percent or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installat" ion o expansion of a building or other NZ structure; replacement of hard surface that is not,part of a routine maintenance activity. 19.96.030 System Development Charges methbdoogY and aPPlica , l Y= (1) System Development Charges (SDCs) are one-time fees and will be aid at the time of Z development, intended to recover a share of'the cost of system capacity needed to serve growth. No building permit, land use approval,ort subdivision or subdivision approval, or any other permit allowing development within the city shal be/gra�lhterexcept upon payment of the SDC required under this chapter�The annual SDC rate{shall be included within the 2020 City of Federal Way Fee�Schedule a dawillb ,calc/' tec— . a doll amount per ESU. The SDC will be reviewed each year and any changes the 8DC rat shall bey published in the City of Federal Way Fee Schedule. Alive lopment, which includes redevelopment, in the city that increases impervious surfaces will be assessed an SDC. (2) SDCs do not incl permit fes, application fees, the administrative fee for collecting and handling SDCs, or any other charge, fee, or tax imposed or required by the FWRC or any other entity. (3) The SDC for 2020 shall be $1,123 per ESU. 19.96.040 Assessment of System Development Charges. (1) For the purposes of assessing an SDC, development of a single-family detached dwelling unit parcel as a single-family detached dwelling unit shall be assessed an SDC of one ESU, regardless of lot size or total square footage of new impervious surface area. (2) For all other development, ESUs will be based on the total increase in square footage of impervious surface area. The total increase in square footage `of impervious surface area will be identified at the time of the development review. (3) Assessed SDCs shall be paid to the stormwater infrastructure to the City's public 19.96.050 Deposit and use of (1) All monies obtained pursuant to th credit of the storm and surface water administering, operati but not limited to, all storm shall not be transferred to any to the storm and surface water or account prior, to connection of private system. shall be segregated, credited, and deposited to the he,monies depo ted shall be expended only for ding torn and surface water facilities, including, of+the cost ofadministering, planning, permitting, designing, �aintainiihg,rep.iring� replacing, improving, or operating g watecilities and/or property owned by the utility. Monies funds of the city except to pay for expenses directly attributable (2) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which monies obtained pursuant to this chapter may be expended, said monies may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve development and redevelopment. 19.96.060 Administrative guidelines. The public works director IJs hereby, authorized to adopt internal guidelines for the administration of SDCs, which may include the adoption of a procedures guide for SDCs. 19.96.070 Annual adjustment. Beginning January 1, 2021, and for every year thereafter, the SDC shall be adjusted by the annual change in the June CPI for the Seattle area. 19.96.080 Administrative fee. (1) There shall be a fee for the administration of the' SDC program in an amount equal to five percent of the amount of the total assessed SDC. The administrative fell be deposited into an administrative fee account to the credit of the surface and stormwater utilit , ininistrative fees shall be used to defray the cost incurred�by the.,,city in the�,administration and update of the SDC program. \ X �> \\ X "\J (2) The administrative fee w ich is�in addition to,the ass sed SDC, shall be paid by the applicant at the same time as the SDC: ) ) A person aggrieved by a decision of th8'public works director regarding the applicability or amount ie of SDCs to any development required unthe provisions of this chapter may appeal the decision to the city's hearing examiner u ing Process IV, Chapter 19.70, FWRC within 14 calendar days of the issuance of the SDC`decisio`n. In those cases where the proposed development activity may require a hearing under the authority of other chapters of this code, the hearings may be combined. 19.96.100 Existing authority unimpaired. Nothing in this chapter shall impair or preclude the city from requiring the applicant or the proponent of a development activity to mitigate the development impacts and/or adverse environmental impacts of a specific development pursuant to any provision of the FWRC, the State Environmental Policy Act, Chapter 43.21C RCW, and/or any other applicable federal, state, or local law, regulation, or standard based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions, so long as the exercise of such authority isc�` onsistent with the provisions of Chapters 43.21C and 82.02 RCW. r