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Planning Commission PKT 10-30-2019City of Federal Way PLANNING COMMISSION Special Meeting October 30, 2019 City Hall 6:30 p.m. Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 1,a 14,S t� 3. PUBLIC HEARING a. Continuation of Code Text Amendment of Title 19, Division III, Mitigation and Fees 4. COMMISSION BUSINESS a. South Federal Way Station Area Vision Framework Information: Staff will provide an overview of the project schedule and anticipated public participation plan. 5. STAFF BUSINESS a. Director's Report b. Petition for Annexation Received 6. NEXT MEETING a. November 6". Notice will be sent if cancelled. 7. ADJOURNMENT 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:Tlanning Commission110191AgendalAgenda 10-30-19.doc City Staff Robert "Doc" Hansen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253-835-2601 www.cityo ederalway.com 41k CITY OF Federal Way October 30, 2019 TO: Planning Commission FROM: Brian Davis, Community Development Director Robert "Doc" Hansen, Planning Manager SUBJECT: Topics for Discussion Planning Commissioners: The extended Planning Commission hearing for the code amendment presented to you last week, the addition to the Code Section 19.96 permitting surface and stormwater Utility System Development Charges, is not anticipated to take very much time. Because you are dedicating your evening for Planning Commission business, I have decided to inform you of other items of interest for discussion that exists on the agenda. This notice is intended to allow you preparation for any questions that you might have. The items added to the agenda include: Discussion of the city's Vision Framework Regarding the South Transit Station. I have asked Ryan to talk with you about the Vision process on items that have come up since we last met. A letter of concurrence to partner with Sound Transit was signed on October 3rd and staff will outline the Vision Framework development timeline and key milestones in the project. This is designed to keep you informed on the progress of the south station. • Petition for Annexation. A petition for annexation of land to the City has been submitted, the land located just east of the 1-5 corridor on 320' Avenue. Pape industries, sellers and mechanics for Kenworth vehicles, has made a contract purchase of property just north of and adjacent to 320", east of I-5, and west, adjacent to 32" d Avenue South, and wishes to obtain services from the city. They have submitted the 10% petition of owners to ask Council to accept the petition so that they can submit a required petition from persons owning more than 60% of the property value to have the land annexed. Council will then decide whether to adopt the proposed annexation, after which the proposal for annexation goes to the King County Boundary Review Board (BRB) for its review. If the BRB finds the annexation proposal acceptable, a hearing is set for the Council to adopt an ordinance approving the annexation. The process is expected to take three to four months. In regards to the hearing. It was raised at the last Planning Commission meeting that SEPA evaluation should be completed before a recommendation is made for amending Title 19 to permit surcharges. After further staff discussion, we reaffirm that a SEPA is not necessary because: The issue raised relates to impact fees and SEPA review. The proposal is not an impact fee, it is a surcharge/connection.charge.'Many cities have interpreted SEPA's authority to mitigate environmental impacts to include authority to impose impact fees to pay for the mitigation of adverse traffic impacts. A municipality pursuing"this course must establish a proper foundation. Local SEPA policies authorizing the exercise of SEPA substantive authority must be adopted and fees imposed must be rationally related to impacts identified in threshold determination documents (primarily environmental checklists) or environmental impact statements. The city is not proposing the adoption of this surcharge/connection charge pursuant to its SEPA authority. This is important because if the city was relying solely on SEPA to establish the surcharge/ connection charge, there would be no basis for imposing such a fee unless SEPA review occurred. Instead, the city is adopting it pursuant to the authority found in RCW 35.92.025 and not SEPA. When impact fees are adopted, cities often take other concurrent actions such as updating their capital improvement plans or parks, recreation, and open space plans. When different actions are taken concurrently (when one is exempt from SEPA and the other is not), the overall proposal would be considered together under non -project SEPA review and would not be exempt under WAC 197-11-800. This is a recommendation to charge for actions that will be completed, with or without the proposed code change. The intent of WAC 197-11-800(19)(b) is to permit SEPA exemption for activities that result in no substantive changes respecting the use or modification of the environment. The collection of a connection charge for an activity that is already occurring (and will continue to occur regardless of whether the code revisions is made) does not result in a change respecting the use or modification of the environment. Furthermore, the SEPA register show no threshold determinations made for surcharges/connection charges for utility system operations. None could be found. • No action is proposed will not result in any environmental impact. Any project actions requiring a surcharge/connection charge would still require SEPA review (unless otherwise, exempt). 2 CITY OF Federal Way PLANNING COMMISSION STAFF REPORT DATE: October 16, 2019 TO: Planning Commission VIA: Jim Ferrell, May EJ Walsh, P.E., Public Works Direct6r%/ /e--- FROM; L/ Theresa Thurlow, P.E., Surface Water Division Manager 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. 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. 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. SDCe 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 includedwithin the 2020 City of Federal Way Fee Schedule and will calculated as a dollar amount* per ESU. For the purposes of assessing an SDC, F,SUs 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 $1,123 and will beset each year thereafter within the City of Federal Way Fee Schedule. II. i.t1I2t2MT TANI)r RDS The City of Federal Way does not currently assess a System Development Charge on development or redevelopment. III. I'110130SED C 11ANC ES TO CODE, The proposed text amendment to Federal Way Revised Code (FWRC) Title 1.9, Division III, Mitigation and Fees, relates to the collection of system development charges for connecting to the City's stormwater conveyance system. The purpose of the proposed amendment is to more equitably distribute the costs associated with a growing demand on the City's stormwater system by charging a fee to new development that increases impervious surface area before they are able to connect their private stormwater infrastructure to the City's stormwater system. The charges will be assessed as a one-time fee to be paid at the time of development. The proposed amendment is proposed to be assessed to new development within the City of Federal Way, beginning in 2020. The recommended draft code revisions are attached. IV. TIMELINE The actions that have occurred and the anticipated timeline For completion of the code amendments process are shown below: 1. Consultant Study— July 2018 to December 201.9 2. Notice of Planning Commission Public Hearing— September 27, 2019 3. Planning Commission discussions —October 2, 2019 4. SERA—Non-project action determined to be exempt under WAC 197.11 (19) Procedural Actions 5. Planning Commission Public Hearing — October 16, 2019 6. 21 Day Appeal Period Ends — November 6, 2019 7. Land Use/Transportation Committee Public Meeting — November 4, 2019 8. City Council Public Meeting I" Reading of Ordinance —November 19, 2019 9. City Council Public Meeting 2°d Reading of Ordinance — December 3, 2019 10. Notice in Newspaper — December 6, 2019 2 11. Ordinance Effective — January 1, 2020 V. Pul3lm CO IAI%:N'I`$ There were no public comments received. VI. REASON, 1,OR POLANNING Cum NIISSION 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. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI.I. 1)1XASIONAL, CRITERIA FWRC19.80.130 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 Pl(zn (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. CFP 13 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. 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 Storni iter Utility to apply a long-range approach to the financing of necessary facilities to ensure continued operation of the drainage infrastructure 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 ILt"43i4 mrNfiA° ION 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 .111, "Mitigation and Fees", to add a new Chapter, "Surface and Storm Water Utility System Development Charge." 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)° for- the purpose of recovering the equitable share of the cost of impacts to the City of.Federal Way Surface and Stormwater Utility facilities that result from development that increases impervious surfaces or changes pervious surfaces resulting in an increase in rainfall runoff. 19.96.020 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, - unless the context clearly requires otherwise..Terms otherwise not defined herein shall be defined pursuant to Chapter 19.05 or given their usual and customary meaning. "Equivalent Service, Unit (ESU)" means the average amount of impervious surface area on single- family residential parcels within the. City of Federal Way. Impervious surface area includes the single-family residence, driveway, walkway, paved areas,land other surfaces that do not allow 3 } n` penetration of stormwater runoff into the ground. The ESU value for the City of Federal Way has r . 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, 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, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity. 19.96.030 System Development Charges methodology and applicability. (1) System Development Charges (SDCs) are one-time fees and will be paid ;at the time of development, intended to recover a shareof the cost of system capacity needed to serve growth. No building permit, land use approval, short subdivision or subdivision approval, or any other Z. permit allowing development within the city shallf be "granted `except 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 and will be calculated as a dollar amount per ESU. The SDC will be reviewed each year and any changes in the SDC rate shall be published in the City of Federal Way Fee Schedule. All development, which includes redevelopment, in the city that increases impervious surfaces will be assessed an SDC. (2) SDCs do not include permit fees, 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 SWM SDC account prior to connection of private stormwater infrastructure to the City's public drainage system. 19.96.050 Deposit and use of System Development Charge funds. (1) All monies obtained pursuant to this''chapter shall be segregated, credited,, and deposited to the credit of the storm and surface water utility. The monies deposited shall be expended only for administering, operating, maintaining, or improving storm and''surface water facilities, including, but not limited to, all or any part of,the cost of administering, planning, permitting, designing, financing, acquiring, 'constructing, maintaining, repairing, replacing, improving, or operating present or future storm and surface water facilities and/or property owned by the utility. Monies shall not be transferred to any other funds of the city except to pay for expenses directly attributable to the storm and surface -water utility. (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 is 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 f percent of the amount of the total assessed SDC.:The administrative fee shall be deposited into an administrative fee account to the credit of the surface and stormwater utility. Administrative fees shall be used to defray the cost incurred by the.city in the administration and update of the SDC program. (2) The administrative fee, which is in addition to the assessed SDC, shall be paid by the applicant at the same time as the SDC. 19.96.090 Appeals.. A person aggrieved by a decision ofthe''public works director regarding the applicability or amount of SDCs to any development required under the provisions of this chapter may appeal the decision to the city's hearing examiner using Process IV, Chapter 19.70, FWRC within 14 calendar days of the issuance of the SDC decision. 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 is consistent with the provisions of Chapters 43.21C and 82.02 RCW. J ( DECLARATION We, the undersigned, are owners of real property lying outside of the corporate limits of the city of Federal Way, Washington, but contiguous thereto and designated as part of the Federal Way Urban Growth boundary. We, the undersigned, owning in excess of 10% of the total value of the area formed by our property and that between and abutting the city of Federal Way, Washington; do hereby declare our intention to circulate a petition for annexation to the city of Federal Way, Washington under the' direct petition method for the area attached hereto in Exhibit A (map) and Exhibit B (legal description). It is acknowledged that this petition may consist of multiple documents filed separately. We, the undersigned, request the City assign concurrent zoning and the assumption of a proportionate share of the City's bonded indebtedness. And that zoning applied to this area be Community Business (BC) as shown on the City's pre -annexation zoning map (Comprehensive Plan, Chapter 8, Map VIII -7, page 43): a. Assumption of a proportionate share of the City's bonded indebtedness. b. Upon the effective date of annexation ordinance that the property within the annexed area be designated in the City's Comprehensive Plan as Community Business (BC) and zoned Community Business (BC). AUTHORIZATION The printed names and signatures of all persons having an interest in real property in the area formed by their property and that between and abutting the city of Federal Way whose consent is required by virtue of such interest to authorize the filing of this notice are hereto attached. Name of Property Owner Property Addressor Print Clearly).__ ._ Signature of Property Owner Date Signed Assessor's Parcel Number Acres WILLIAM V. PRUETT JR & PATTI J, -ZEM,Cf �o� a ' 092104-9028 5.26 A. PRUETT TRUST EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO DESCRIBED ABOVE, AS WELL AS A COPY OF BOTH EXHIBITS WARNING: Every person who signs this petition with any other than his or her true.name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. F bt IV's[ TAX PARCEL NO.: NWZY&i —6869e A 0921049028 B 0921049139 C 0921049206 D 0921049187 all E 0921049140 !t rf% P, F 0921049160 G 0921049206 AREA TO BE ANNEXED 2.0Z61k T010%T1%g1T-A NW20'05*W JW 001 "S. 316TH ST. - 03 W 13: 0 --D co wiz <> 1'-2W G Do 0 C14 0'47-E 64.46- C14 0 0 SOUTH 320TH STREET 46 E JW 1p -A co 0 1'-2W G Do 0 C14 0'47-E 64.46- PARCEL 0 0 SOUTH 320TH STREET 0 0 04 P.O.B. EZ SCALE., For: JOB NUMBER HORIZONTAL 1"=200' COBALT 20833 BARGHAUSEN FEDERAL WAY CONSULTING ENGINEERS, INC. 20633L.001.DOC 18215 72N9~ 2NAVENUE SOUTH Title* AREA OF SHEET KENT, WA 98032 425.251.6222 BARGHAUSEN.COM ANNEXATION 1 - of DESIGNED XXX IDRAWN JSE CHECKED IAPPROVED DATE- )�91 19_