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Council PKT 07-17-2001 Regular City of Federal Way City Council Meeting AGENDA CO UN CILMEMB ERS Mike Park, Mayor Jeanne Burbidge Michael Hellickson Eric Faison Linda Kochmar Mary Gates Dean McColgan CITY MANAGER David H. Moseley Office of the City Clerk July 17, 2001 ',;;, ..,' t., ,~ ~: . ( I. ll. ill. IV. V. VI. " AGENDA :i ( ,,'; , .~ FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting July 17,2001- 7:00 p.m. (www.ci.federal-wav.wa.usJ ***** CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE a. b. c. PRESENTATIONS Police International Olympics Recognitions City Manager/Introduction of New Employees City ManagerÆmerging Issues ~. ~, ~ ~¡ r CITIZEN COMMENT PLEASE COMPLETE TIlE PINK SLIP & PRESENT TO TIlE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height,. and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO TIlREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate " CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmember for separote discussion and subsequent motion.) a. b. Minutes/July 3. 2001 Regular Meeting Council Bill #276/Judges Pro-Tern/Enactment Ordinance Council Bill #277/Non Conformances Created by Government Acquisition of Right- of-Way/Enactment Ordinance c. PUBLIC HEARING 2002-2007 Federal Way Transportation Improvement Plan (TIP) & Arterial Street Improvement Plan (ASIP) Staff Report Citizen Comment City Council Deliberation Resolution/2002-2007 TIP & ASIP over please. . . ,""':' ", . VIT. VIII. IX. X. XI. XII. COUNCIL BUSINESS ) a. b. International District Park/School District Easement Field House Feasibility Study INTRODUCTION ORDINANCES a. Council Bill #278/Miscellaneous Code Amendments. Phase II AN ORDINANCE OF THE CITY COUNCn.. OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE RELATING TO CODE INTERPRETATIONS AND PROCESS I APPEALS; CLARIFICATIONS TO PROVISIONS RELATING TO LAND USE APPLICATION NOTICES; SITING EMERGENCY PREPAREDNESS CONTAINERS ON PRIMARY AND SECONDARY SæOOL SITES; SENIOR HOUSING; AND PERSONAL WIRELESS SERVICE FACILITIES (pWSF). b. Council Bill #279/SR99 Righi-of-Way Improvements/Condemnations. Phase I AN ORDINANCE OF THE CITY COUNCn.. OF THE CITY OF FEDERAL WAY. WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISmON OF CERTArn REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC illGHWAY SOUTH BETWEEN SOUTH 312TH STREET AND SOUTH 324TH STREET, TOGETHER WTIH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WTIH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION (Supplementing Ordinance No. 01-384). ( CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION a. b. Property AcquisitionIPursuant to RCW 42.30.110(1)(b) Potential Litigation/Pursuant to RCW 42.30.110(1)(i) AD J 0 URNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA.. 'rHERE ARE 2 COMPLETE AGENDA PACKETS AVAILABLE FOR CITIZEN REVIEW OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS MEETING DATE: July 17, 2001 ITEM# ~ Cá-- ) "'---..--- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CATEGORY: City Council Meeting Minutes BUDGET IMPACT: f8I CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE 0 PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ -""'---'--'--"--,, -....... ....................- .-................-.........-..-..-....................-.. ...-......--....................-..................... ...-. ............................. .. -...--......-.-............................... ........................... ..-.. ........... ..............------ ATTACHMENTS: Draft minutes of the regular City Council meeting held on July 3,2001 """--""""'-"""----....---.-.--. --.--....---.----.....- -..-... -....-....-..-............-.-..--.....--. SUMMARY/BACKGROUND: Official City Council meeting minutes for pennanent records pursuant to RCW requirements """""""""'-"""""'-'--"---"""---.................-..-.......--......................'-'-"'-'-"""'-"'--""""""'-""'-".........-..-........-....-.-.-...-........-"--"""-'-"'-"'-"""'-""""-'---""-"'-'-"'.. .-........................................-.....-.....-...-...-.-..----- CITY COUNCIL COMMITTEE RECOMMENDATION: n/a """-"""-""-""""""'-..-.............-......................... """--""""""""'--""-""""""""""""""".................-........ ...... ...........-........... ............ ...... ...-..................... ...... ....... """........................... "..-.............-...-.. ........... ............. """'-....-...-......- ....-.....-----........-..-..........-.... }-J{OPOSED MOTION: "I move approval of the minutes of the City Council regular meeting held on July 3,2001" -"--" ----"-'--'---"""""'" CITY MANAGER APPROVAL: ~ .. -...----....--..---.. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05110/2001 OR þ.f1 FED ERAL WAY CITY CO UN CIL Council Chambers - City Hall Regular Meeting July 3, 2001 - 7:00 p.m. ***** I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of7:03 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Eric Faison, and Dean McColgan. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember Michael Hellickson led the flag salute. III. PRESENTATIONS a. SPIRIT AwardIMonth of July City Manager David Moseley announced and introduced Patrick Briggs, as the SPIRIT Award winner for the month of July. Patrick Briggs, the Executive Assistant for the City Manager Office's exhibits the highest standards of integrity, dedication, and responsibility in serving the City with pride, dignity, and true team spirit. Mr. Briggs thanked the City Manager and Council for this recognition, noting he is proud to be a part of such a fun, creative environment, and enjoys working with the city's very professional staff. Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 2 b. AWC Municipal Achievement Awards City Manager David Moseley presented the Public Safety Department's Victim Assistance Program with the 2001 Association of Washington Cities Municipal Achievement Award for populations over 40,000. Victim Assistance Manager Bonnie Lindstrom accepted the award and thanked the City Manager and Council for their support of the program. City Manager David Moseley presented Community Development Department's Sign Code Compliance staffwith the 2001 Association of Washington Cities Municipal Achievement Honorable Mention for populations over 40,000. Community Development Director Kathy McClung accepted the award and thanked her staff, the Mayor and Council. She spoke to the success of the sign code program, stating there were 900 sign violations in 1995 vs. the current count of only 75 signs in noncompliance throughout the entire city. City Manager David Moseley presented the City of Federal Way's Wellness Committee with the 2001 Association of Washington Cities Well-City Award. Wellness Committee members Deb Barker and Sandy Lyle accepted the award noting the Wellness Committee's goal is to promote fitness and wellness to staff through programs such as yearly osteoporosis screening, quarterly pancake breakfasts and wellness walks. c. ProclamationlParks & Recreation Month Deputy Mayor Kochmar read and awarded the Parks & Recreation Month Proclamation to Parks, Recreation, and Cultural Services Director Jennifer Schroder. Ms. Schroder thanked Council for this recognition, and invited everyone to attend the Red, White and Blues Festival that is being held at Celebration Park on July 4th. She also encouraged citizens to attend the Summer Concerts held at Steel Lake this summer. d. Posthumous Recognition/Louie Liu Councilmember Burbidge read the posthumous recognition for the late Louie Liu. She noted he was a dedicated citizen who unselfishly gave to the community over the last several years. Mr. Liu was a founding member and first president of the Federal Way Community Caregiving Network and Federal Way Job Center. He was also active in the Habitat for Humanity, Rotary, and Kiwanis Clubs. Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 3 e. City Manager/Introduction of New Employees City Manger David Moseley welcomed and introduced the new Community Development Deputy Director Patrick Doherty. f City ManagerÆmerging Issues City Manager asked Chief Anne Kirkpatrick to update Council on a neighborhood issue that was brought to Council approximately 6 weeks ago. Chief Kirkpatrick noted the activity at the Badly residence and surrounding neighborhood has calmed down dramatically in the last few weeks. She noted Commander Ken Morgan and Officer Heavener have both been in contact with the neighbors and residence, including 2 block watch meetings. She noted even though the incidents and calls for service have been down, the Department will continue to monitor the area. IV. CITIZEN COMMENT Morgan Llewellyn, spoke on behalf of the Weyerhaeuser and Quadrant Corporations. He asked the request for a change in zoning for the BP zone be respectfully withdrawn. H. David Kaplan, spoke to announce the 2nd annual Garden Tour being held Saturday, July 21st from 10:00 a.m. to 6:00 p.m.; citizens may purchase tickets at the Red, White, and Blues Festival or by calling 253-529-9857. Sheila Criscione, spoke in opposition to the Mega Churches Code Amendment, noting her concerns over the tax burdens of residential communities. Shirley Gylbraa, spoke in opposition to the Mega Churches Code Amendment, noting the city would be loosing a substantial amount of tax generated property. She urged Council to make decisions that would decrease the residential share of the tax burdens. Neil Cook, spoke in support of the resolution to disapprove the BP zoning changes. Margaret Nelson. spoke in support of the resolution to disapprove the BP zoning changes, also noting the business taxes vs. the residential taxes. V. CONSENT AGENDA a. b. c. Minutes/June 19. 2001 Regular Meeting -Approved Vouchers-Approved Monthly Financial ReportlMay 2001-Approved Federal Way City Council Regular Meeting Minutes July 3, 2001-Page 4 d. Council Bill #275/Code AmendmentlPark Regulations Enactment Ordinance-Approved Ordinance #01-396 AT&T Lease AgreementlBPA Trail Phase III-Approved Set Public Hearing for Milton Road Street Vacation/Resolution-Approved Resolution #01-340 Set Public Hearing for TIP/Resolution-Approved Resolution #01-341 To Disapprove Amendments to FWCC Chapter 22 to Incorporate or to Permit "Mega-Churches" in the Business Park (BP) Zone/Resolution- Approved Resolution 01-342 2001 Bulletproof Vest Partnership Grant-Approved Yakima County Jail Interlocal Agreement Amendment-Approved Police Firearms Bid Award-Approved e. f g. h. 1. J. k. COUNCILMEMBER HELLICKSON MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. Deputy Mayor Kochmar pulled item (a)/Minutes/June 19,2001 Regular Meeting. Councilmember Faison pulled item (d)/Council Bill #275/Code AmendmentsIPark RegulationsÆnactment Ordinance. Councilmember Kochmar pulled item (h)/To Disapprove Amendments to FWCC Chapter 22 to Incorporate or to Permit "Mega-Churches" in the Business Park (BP) ZonelResolution. The main motion to approve Consent Items: (b), (c), (e), (t), (g), (i), (j), and (k) passed as follows: Burbidge Faison Gates Hellickson Kochmar McColgan Park yes yes yes yes yes yes yes Consent Item (a)/Minutes/June 19, 2001 Regular Meeting: DEPUTY KOCHMAR MOVED APPROVAL OF THE DRAFT MINUTES AMENDING PAGE 5, SECOND PARAGRAPH FROM THE BOTTOM, TO CORRECT THE DATE OF THE P ARKSIRECREA TIONIHUMAN SERVICES/PUBLIC SAFETY COMMITTEE MEETING TO JULY 9TH; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Kochmar McColgan yes yes yes yes Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 5 Gates Hellickson yes yes Park yes Consent Item (d)/Council Bill #275/Code Amendments/Park RegulationsÆnactment Ordinance. COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT ITEM (d) AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. COUNCILMEMBER FAISON MOVED TO AMEND COUNCIL BILL #275/CODE AMENDMENTSIP ARK REGULATIONS TO DELETE THE PROPOSED AMENDMENT TO ADD A SUBSECTION (c) TO SECTION 11-60; AND TO DELETE THE PROPOSED AMENDMENT TO THE FIRST LINE OF SECTION 11-69, SO THAT THE SECTION WILL STILL READ: "A PERSON IS GUILTY OF DISORDERLY CONDUCT IN A PARK IF HE OR SHE" COMMITS THE ACTIONS DESCRIDBED IN THE SECTION. COUNCILMEMBER MCCOLGAN SECOND. The amendment passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson yes The main motion, as amended, passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson yes Consent Item (h)/To Disapprove Amendments to FWCC Chapter 22 to Incorporate or to Permit "Mega Churches" in the Business Park (BP) ZonelResolution. COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF CONSENT ITEM (h)/TO DISAPPROVE AMENDMENTS TO FWCC CHAPTER 22 TO INCORPORATE OR TO PERMIT "MEGA CHURCHES" IN THE BUSINESS PARK (BP) ZONE; COUNCILMEMBER FAISON SECOND. Following a brief explanation of the resolution by Councilmember McColgan, the motion passed as follows: Burbidge Faison yes yes Kochmar McColgan yes yes Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 6 Gates Hellickson VI. yes yes Park yes INTRODUCTION ORDINANCES a. Council Bill #276/Municipal Court Code Amendment AN ORDINANCE OF THE CITY COUNCn.. OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE RELATING TO APPOINTMENT OF JUDGES PRO TEMPORE (AMENDING ORDINANCE NO. 99- 339). COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #276IMUNICIPAL COURT CODE AMENDMENT TO SECOND READINGIENACTMENT AT THE NEXT REGULAR COUNCIL MEETING, JULY 17TH; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson b. yes yes yes yes Kochmar McColgan Park yes yes yes Council Bill #277/Non-Conformances Created by Government Acquisition of Right-of-Way AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE CHAPTER TWENTY-TWO, ARTICLE IV, WITI:I RESPECT TO NONCONFORMANCES CREATED BY GOVERNMENT ACQUISITION OF PROPERTY FOR RIGIIT OF WAY EXPANSION (AMENDING ORDINANCE NOS. 90-43,91-113,92-135,92-144, 95-235, 97-307 & 99-357). COUNCILMEMBER MCCOLGAN MOVED COUNCIL BILL #277/NON- CONFORMANCES CREATED BY GOVERNMENT ACQUISITION OF RIGHT- OF-WAY TO SECOND READINGIENACTMENT AT THE NEXT REGULAR MEETING JULY 17TH; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 7 VII. CITY COUNCIL REPORTS Councilmember Gates announced the next meeting of the FinanceÆconomic DevelopmentlRegional Affairs Committee would be held July 25th at 9:00 a.m.; she also updated Council on various regional issues. Councilmember Burbidge announced the next meeting of the ParkslRecreationlHuman Services Committee will be held July 9th at 12:00 noon; and updated Council on her attendance at various regional meetings. She also reminded citizens to attend the Red, White and Blues Festival July 4th at Celebration Park. Councilmember Hellickson recognized two youths in the community who had recently obtained their Eagle Scout badge. Councilmember Faison had no report this evening. Councilmember McColgan announced the next meeting of the Land Use/Transportation Committee would be held July 16th at 5:30 in Council Chambers. Deputy Mayor Kochmar updated Council on her attendance at various regional meeting and community events, and noted Congressman Adam Smith would be visiting City Hall in mid-August. Mayor Park extended his thanks to city staff who were involved in the projects awarded recognition by the Association of Washington Cities during the recent annual conference. He encouraged all citizens to attend the Red, White, and Blues Festival beginning tomorrow afternoon at Celebration Park, with the fireworks display commencing promptly at 10:15 p.m. VIII. CITY MANAGER REPORT City Manager David Moseley also encouraged citizens to participate in the Red, White, and Blues Festival at Celebration Park for the 4th of July celebration. He noted a detailed description and calendar of events was available on the city's web page. He noted he was happy to announce the work has begun on the new play structure at Celebration Park, adding it will hopefully be completed by July 14th. Mr. Moseley updated Council on recent Legislative issues-there will be a short special session held, in order to adopt statewide and regional packets. Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 8 City Manager David Moseley announced the programming schedule for the FWTV Channel 21 is now also available on the city's web page. He announced the new intersection signal lights at 320th and SR99 have been switched over; the project should be completed by July 7th. Mr. Moseley welcomed Patrick Doherty, the new Community Development Deputy Director, who will be focusing on many key projects, including a forum to discuss the goals and hopes for the downtown core. He further reminded Council for the need of an executive session for the purposes of discussing property acquisition/pursuant to RCW 42.30.11 O( 1 )(b) and potential litigation/pursuant to RCW 42-30-110(1) (i); with an expected duration of 45 minutes, with no action anticipated. IX. EXECUTIVE SESSION a. b. Property AcquisitionlPursuant to RCW 42.30.110(1)(b) Potential LitigationlPursuant to RCW 42.30.110(1)(i) At 8: 12 p.m. Mayor Park announced Council would be recessing to executive session for approximately 45 minutes, with no action anticipated. Following two 30-minute extensions of the executive session, Council returned to Chambers at 10:02 p.m. x. AD J 0 URNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at 10:02 p.m. Stephanie D. Courtney Deputy City Clerk MEETING DATE: /7 July/, 200 I ITEM# ~ a- J ..-..--...--...---..--...........-..-....-...-..--.........--....-......---...-....-..- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Ordinance Amending Federal Way City Code, Municipal Court, Chapter 2, Article X, Section 2-311(e) CATEGORY: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMP ACT: ~ ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 --..........---------.....---....-----....--..-..-..------..--..-..-.----'-"'----------..------...---------..-..- -. - ------.--..-.--- '-------'-"'---..--..--..----..-----.- -----....-----...-- ------....--..-----. ...-------........ .---..-----.---.. -- _._- --------------..--......_.._------ ------ -..------..-- -- ..-..---..----.... A TT ACHMENTS: Staff memorandum; draft ordinance ------..-..--..-.....-...-......---------..-..---..-........-----..--..-....-"-..---....-..--...........--...-.....--..--..--...---....................-....-....--"""""""""-""""'-----"----""--"--"""' -..---------....-....-....--""--"""""""""'-"-""---""-"-" SUMMARY /BACKGROUND: See attached staff memorandum -....---..--..-..-..-.--..............-..--.. -""""--"--""""'--"--""" ""----""--"""--"'-"-"""""""----"""""-""" --""""""""""""""""'-"-'-"- _..... ..-..-..........--.........-..---........----..-....-. ........- ...._............. ..-- "'..__............-..__.... --".."..-.... """"'--"--"""""""""-""""""""""'-""""""-" -_....... CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to approve and adopt this ordinance amending Federal Way City Code, Chapter 2, Article X, Section 2-311(e) and ratifying prior appointments for judges pro-tern; and forrward it to the full City Council. .....-..-..- .._...... ..--...-..........-............-..-...--.........-...-..----.....-......-..---..-..--..-....-"-""'-""--"""-'" -"""""-"""--"-"--"'-'-..-..--..-....-..--.. --... "...-........-...-....... -"'-"-""--"'-----""----""-"'--"""""""-"""-"""""""""""""""'".._........ ...-.... _....... PROPOSED MOTION: "I move the proposed ordinance to second reading and enactment at the next regular City Council meeting on July 17,2001." -....-....--.........-..-----......-...-............. -... -"""-"--"""""""-""""'-"--""----" _................._-- ...----......-.....--...... ..-.....-. """""............"""--"""-- ......... _.._.... -.. ........ ".._....-....- --..--........... --""--"'--............."- -..----...--.......-----......-................ --_.. ..---.....- CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # c)7~ 7/3/ð/ REVISED - 05/10/2001 Item 5.B FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE From: June 11,2001 David M~Manager Sandra Warter, Municipal Court Administrato~ ~..¡ Date: Via: Item: Ordinance Amending Federal Way City Code, Municipal Court, Chapter 2, Article X, Section 2-311(e) Backf!round: Under Title 3.50 RCW, the City Council authorized the fonnation of the Municipal Court by ordinance in 1999. The Municipal Court Ordinance, codified in Chapter 2, Article X, provides for judges pro-tempore. A judge pro-tern is necessary to preside over hearings in the absence of the judge or when temporary spikes in caseload require another judicial officer. In accordance with RCW 3.50.090 only the City Manager was authorized to appoint pro-tern judges. During the 2000 session, the State Legislature amended RCW 3.50.090 to give only the municipal judges the authority to appoint judges pro-tempore. It has been necessary for Federal Way's Municipal Judge to appoint judges pro-tem under the amended State law. The proposed amendment to Chapter 2, Article X, Section 2-311(e) of the Federal Way City Code reflects current state law and ratifies appointments made by the Municipal Judge to date. Committee Recommendation: Motion to approve and adopt this ordinance amending Federal Way City Code Chapter 2, Article X, Section 2-311 (e) and ratifying prior appointments for judges pro-tern; and forward it to the full City Council for consideration at its July 3 meeting. B-1 ORDINANCE NO. DRAFT ~11f(ðr AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE RELATING TO APPOINTMENT OF JUDGES PRO TEMPORE (AMENDING ORDINANCE NO. 99-339). WHEREAS, Chapter Two, Article X, Section 2-311 of the Federal Way city Code provides, in accordance with state law, for appointment by the City Manager of Judges Pro Tempore (Judges Pro Tern); and WHEREAS, the State Legislature, during the 2000 Legislative Session, amended RCW 3.50.090 to require that Judges Pro Tem be appointed by the presiding Municipal Court Judge instead ofthe City Manager; and WHEREAS, the aforesaid legislative action further requires Judges Pro Tern to subscribe and file an oath in the fonn taken by the duly appointed Municipal Court Judge; and WHEREAS, the City Council finds it appropriate to confirm and ratify appointment by the Municipal Court Judge of Judges Pro Tern from June 8, 2000 until the effective date ofthis Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-311 of the City of Federal Way Administration Code Chapter is amended as follows: 2-311 Municipal judge. (a) Appointment. Within 30 days after the effective date of the ordinance codified in this article, the city manager shall appoint a municipal judge, who shall commence work on or about December 15, 1999, and who shall work less than a full-time equivalent as ORD# ,PAGEl defined in RCW 3.50.055 as it now exists or may hereafter be amended. Pursuant to RCW 35A.13.080, this appointment is subject to confirmation by the city council. (b) Term. The municipal court judge shall serve a term of two years, with the initial appointment of the judge under this chapter expiring December 31, 2001. On or before December I, 2001, the city manager shall make an appointment of a judge for a term commencing January 1, 2002, and expiring December 31, 2005; provided, that the judicial position continues as a less than full-time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended. Appointments, if appropriate, for each term thereafter shall be made on or before December 1 st of the year next preceding the year in which the judicial term commences. In the event that the judicial position becomes a full-time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended, an election shall be conducted the year preceding the expiration of the appointed term. (c) Judicial qualifications. At the time ofthe appointment or election, the person appointed or elected shall be qualified for the position of municipal judge under city rules as the city council may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040 and 3.50.050. (d) Additional Judges. Additional full- or part-time municipal judge positions will be filled in accordance with RCW 3.50.055 as it now exists or may hereafter be amended, when in the judgment of the city manager and/or the city council, as applicable, the public interest and the administration of justice makes such additional judge or judges n~cessary. (e) Judges pro tem. The city nullagermunicipal court judge shall, in writing, appoint judges pro tem who shall aet-serve in absence, disability, or disqualification of the regular judge of the municipal court, subsequent to the filing of an affidavit ofpreiudice, or when the administration ofiustice and the accomplishment of the work of the court make it necessary. A pro tern judge's term of appointment shall also be specified in writing:.,bHt in any event shall not extend beyond the city manager's tennination of employment. The judges pro tern shall receive such compensation as sftal.I-- is received, on an hourly basis, by the municipal iudge, or as othe¡wise fixed by resolution or be fixed by the ordinances of the city. The judges pro tem shall meet the qualifications required for the position of judge of the municipal court as provided herein. Before entering upon judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same form as that of the duly appointed municipal judge, and thereafter shall have all of the powers of the appointed municipal judge. When deemed necessary~ by-the municipal court iudge-åt-y manager or designee, the city manager or designee may make a temporary appointment of a judge pro tern, to preserve an individual's rights according to law, or to respond to emergency circumstances, effective for up to one week. Such temporary appointment shall be the same as other appointments of judges pro tem, except that the appointment and the term thereof do not need to be in ',vriting and the oath of office may be orally swom to or affirmed before the court administrator or conti clerk. ORD# , PAGE 2 (f) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a judge shall be filled by the city manager, for the remainder of the unexpired tenD. The appointment shall be subject to the confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this section. (g) Removal. During the tenD of his or her appointment or election, a municipal court judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of perfonning the duties of the office; provided, that a municipal court judge is also subject to disciplinary actions by the commission on judicial conduct and the Supreme Court, as described in Chapter 2.64 RCW. (h) Oath. Every judge of the municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affinnation: "I do solemnly swear (or affinn) that I will support the Constitution of the United States and the Constitution ofthe State of Washington, and that I will faithfully discharge the duties of the office of judge of the Municipal Court ofthe City of Federal Way, according to the best of my ability." The oath shall be filed in the office of the King County auditor and with the Federal Way city clerk. (i) Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful perfonnance ofthe judge's duties as may be required by law or city ordinance. (j) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall be set by the city council by ordinance. Other tenus of employment shall be set by a personal services agreement which may be executed by the city and the appointed judge. (Ord. No. 99-339, § 1,3-16-99) Section 2. As a non-codified Section of this Ordinance, it is hereby declared as follows: All prior appointments of Judges Pro Tempore by the City Manager, and all prior appointments of Judges Pro Tempore from June 8, 2000 to the effective date of this Ordinance, and all judicial actions of such Judges Pro Tempore are hereby ratified and confinned. Section 3. 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 affect the validity of the remainder of the ordinance, or the validity of its application to other persons or ORD# , PAGE 3 circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. Section 6. Effective Date. This ordinance shall take effect 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 ofJune, 2001. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK ORD# , PAGE 4 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. k:ordin:chapter 2-311 pro tern judge OS/29/01 ORD# , PAGE 5 MEETING DATE: 17 July /, 2001 ITEM# :¡;z:- ( Ù ---------------------- ---------------------------- ----- ---- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) RELATING TO NONCONFORMING STRUCTURES AND SIGNS CREATED BY GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT-OF-WAY EXPANSIONS CATEGORY: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: X ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ -----. - - ------- -. - - -.- - -- ------- -------. .-_. ---.--------- ------ ----------.------- -'-"____m- ----------- ----- -.---.------.--------- -----.---.---------------- --- ---.--------------- ------- -------.-- ATTACHMENTS: (1) Draft Ordinance to Approve the Code Amendment; and (2) June 12, 2001 Memorandum to the Land Use/Transportation Committee (LUTC)/Planning Commission Recommendation with Exhibit A - Planning Commission Recommendation; Exhibit B - June 6, 2001 Staff Report to the Planning Commission, and Exhibit C - June 6,2001 Planning Commission Meeting Summary. .----.--.--.-------.-----.---------- -- --------. - ------ - - -------------------- -- --. -----.-..---------------- .--. .----------- - -.. -..--... ----------------'---'--_m_- ------------ --.- .--.--. -- --------.-------------------. --.--------- --.--- --------- - - ---------------------------------.---- VlMARYIBACKGROUND: As part of the Year 2001 Planning Commission Work Program, staff has proposed a code amendment related to the widening of road rights-of-way to accommodate local, state or federal road improvement projects without penalizing property owners if their existing buildings or signs become nonconforming as a result of any government acquisition of right- of-way for the proposed road project. The Planning Commission conducted a public hearing on June 6, 2001 and forwarded the recommendation shown in Exhibit A to the LUTC and City Council. .... "'_"""""m .m.... _mm__- "-""-'--""_....m_"_.m___.__.-..--.. .--m -... ""--""_____m___'_'---'-"--'__"_"_m_. ..--.---..- ..---..----.-.-..-----. "---_m_"_---_m_____- m'-m_._._...-..--------. --. _"m"__..._----.. -..-------------.-..- CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed text amendments during a public meeting on June 18, 2001. At that meeting, the LUTC made a motion to forward the proposed amendments to the full Council on July 3, 2001 with a recommendation for approval with the changes shown in the attached draft ordinance. The Planning Commission's changes are shown as strikeout (deletions) and underline (additions). The LUTe's changes are shown as strikeoüt (deletions) and underline (additions). "..m- ..__m.._.. - ....---...-- --... - ""-"_'_.._--m__m_____"____._m..- .-- "'------"-"'-""----"-"-"- _"_"_.m.._._._.- --......-..-----..-- -..---- _--___m____._-..- --..- "-_"____m..._....- _.._- -- ..-.----- ------..---- PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on July 17, 2001." _'___"mm_... ........ ........ ..____m.._. ---.........---- --..----..-.--..-....-- ---.- --"--" -..-.----- ..--------.-....-. -- ---.--.--......---..--.----..- ....--- -""-'____mm___.__-.-.. __m.__..__-.--..-.... .--.-----...-..-.---- _m___.__.-..-----..-.-.-. ~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # .277 7/3/0/ , , REVISED - 05/10/2001 ORDINANCE NO. DRAFT fc(2- ~((j f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL W A Y CITY CODE CHAPTER TWENTY-TWO, ARTICLE IV WITH RESPECT TO NONCONFORMANCES CREATED BY GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT OF WAY EXPANSION (Amending Ordinance Nos. ). WHEREAS, Chapter III of the Federal Way Comprehensive Plan contains level of service standards for streets and roadways within the City of Federal Way; and WHEREAS, maintaining level of service standards as set forth in the Comprehensive Plan occasionally requires the City to purchase property and widen existing rights-of-way in order to provide additional vehicle capacity; and WHEREAS, such widening can result in a property and/or a building being nonconfonning with respect to required building and sign setbacks from the right-of-way, or with respect to minimum landscape buffers required along parking lots and or street frontage; and WHEREAS, Federal Way City Code ("FWCC") Section 22-334 may require that a property owner bring a nonconfonning structure or improvement into compliance with FWCC requirements ifthe applicant proposes to change the use of a property on which a nonconfonning development is located, or if the applicant proposes to increase the gross floor area of any use on the subject property; and WHEREAS, the foregoing requirements could require major buildingremodelingor relocation as part of even relatively minor changes in use or expansions in gross floor area of a structure; and WHEREAS, the potential that nonconfonnances created by widening ofthe right-of-way may need to be remedied as part of relatively minor future development or improvements complicates the City's acquisition of property for right-of-way expansion; and ORD# , PAGE 1 WHEREAS; the City desires to relieve property owners from the burden of potentially applicable nonconforming use requirements, without the necessity of a variance process, when the nonconformance is created by government acquisition of property; and WHEREAS, FWCC Section 22-528 provides for amendments to the text of Chapter 22 of the FWCC if the City finds that a proposed amendment is consistent with the applicable provisions of the comprehensive plan; the proposed amendment bears a substantial relation to public health, safety, or welfare; and the proposed amendment is in the best interest of the residents of the City; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on the proposed code amendments on June 6, 2001; and WHEREAS, the Land Use/Transportation Committee (LUTe) of the Federal Way City Council considered the code amendments relating to nonconformances created by government acquisition of property for right of way expansion on June 18,2001; and WHEREAS, the City Council considered the proposed code amendments relating to nonconformances created by government acquisition of property for right of way expansion on July 3, 2001 and , 2001. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 22, Article IV, Section 22-335 of the City of Federal Way City Code is amended as follows: 22-335 Nonconforming signs (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, this section provides for up to 10 years ORD# ,PAGE 2 of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 1 O-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. (I) Required. A legal nonconforming sign permit is required for each legal nonconformingsign. The ORD# , PAGE 3 permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection( e) of this section. (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the Code, including proof of the date of installation of the sign. (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-day period shall within six months be brought into compliance with the Code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties ofFWCC 22-1604. (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date ofthis Code, on or before February 28, 2000, and all signs which are made nonconforming by a subsequent amendment to this Code shall be discontinued and removed or made conforming within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign, which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may ORD# , PAGE 4 provide relief from the effect of the sign amortization program when its enforcementwould fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent ofthe sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement of this Code would result in a substantial hardshipto the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; d. The sign complies with the city's minimum sign distance at intersectionrequirementspursuant to FWCC 22- II 51 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; ORD# , PAGE 5 f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (t), the city will process an application for a sign amortization exemption or extension through process I of this Code. (g) Loss oflegal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more ofthe following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterationsor performingany work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. ORD# , PAGE 6 (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconfonning sign be either removed or brought into confonnance with this Code, shall apply only to the individual owner' s.or tenant's buiJding-mounted or freestanding signs who has triggered the eJimination of the legal nonconfonnance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to incJude such tenant's name. (h) Historic signs. Nonconfonning on-site historical signs may be retained through process II, ArticJe VII of this Code, if the sign is detennined to be of historic significance by satisfying all of the following criteria: (J) The sign is used in connection with a buiJding which has been designated as a historic buiJding pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevaiJingsignageduringthe period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Government acquisition of property for ri}!ht-of-way. (1) A sign that becomes nonconfonning with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconfonning sign and shall be allowed subject to the requirements of subsection (3) of this section. (2) The City may, using process 1, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required ORD# , PAGE 7 setback, and such hardship was created solely by local, state, or federal ~ovemment acquisition of property for ri~ht-of-way expansion and not by any action of the applicant; b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements of FWCC 22-1596 - 22-1629; c. The sign complies with the city's minimum si~ht distance at intersection requirements pursuant to FWCC 22-1151 et seq.; and d. Location ofthe sign with a required setback is otherwise consistent with the public health, safety, and welfare. (3) Loss of lef!al nonconforminf! sif!1l status. All nonconformin~ si~ns specified in subsections (1) and (2) of this section shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefore, and such nonconformin~ sign shall immediately lose its le~al nonconformin~ desi~nation when one or more of the following events occurs: a. The applicant is making any changes, alterations, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocatin~ the sign or replacing the sign; provided however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such si~n's legal nonconforming sign designation; 3ß4 or b. The applicant is making any changes, alterations,or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in anv one consecutive 12-month period. exceeds 75 percent of the assessed value ofthat structure or improvement, as determined by the King County Assessor. The applicant may provide an appraisal ofthe structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to ORD# , PAGE 8 the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceDtable to the City is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of detennining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconfonning development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. tilExemption. The city may elect not to apply any provisions of this FWCC 22-335 if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5)),2-27-90; Ord. No. 91-113, § 4 (165.35(5)), 12-3-91; Ord. No. 92-135, § 3 (165.35(5)), 4-21-92; Ord. No. 92-144, § 3 (165.35(5)), 6-16- 92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3,12-16-97; Ord. No. 99-357, § 4,12-7-99) Section 2. Chapter 22, Article IV, Section 22-339 of the City of Federal Way City Code is amended as follows: 22-339 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. (l) Oil tanks. Any excavation, development activity or construction perfonned to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconfonnance on the subject property be corrected. (2) Governmental acquisition of property for rif!:ht-of-way expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWCC 22-334 that an applicant correct an existing nonconfonnance as to lot coverage, minimum lot size, parking, ORD# , PAGE 9 landscaping, or setback requirements, if the nonconformance was created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and i[the proposal meets the following requirements: a.. The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; b. I1~~f.air marht value @f tÀe alter~l~~Ø~~~~~~~~__7.?_E~!~~_~!!1QG~-~~~~~~ ~0--øftÀe str~re as ~ÜReG by the KiRg Cøünty Q€sess@f. The applicant is makinl! anv alteration or chanl!es or doinl! anv work. other than tenant improvements and the fair market value of the alteration. chanl!e or other work. in anv one consecutive 12-month period. does not exceed 75 percent of the assessed or appraised value o[the improvement. The applicant may provide an appraisal of the improvements. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal acceptable to the City is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold which would trigger application of this subsection; and d. The proposal is otherwise consistent with the public health, safety, and welfare. Ql Other government regulations. Other than as specified in subsection (I) of this section, the city may, using process IV, exempt a property or use from any of the requirements of this article if: a. The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; b. The actions necessitated to comply with those regulations will not significantly extend ORD# , PAGE 10 the expected useful life of the nonconfonning aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconfonnance. (Ord. No. 90-43, § 2(165.50), 2- 27-90; Ord. No. 91-113, § 4(165.50), 12-3-91; Ord. No. 92-135, § 3(165.50), 4-21-92; Ord. No. 92-144, § 3(165.50), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) Section 3. 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 affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. ORD# , PAGE II PASSED by the City Council of the City of Federal Way this - day of May 2001. CITY OF FEDERAL WAY Mayor, Mike Park ATTEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Bob C. Sterbank FILED WITH THE CITY CLERIC PASSED By THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No. K:lCD/OrdinalCode Amendment to PC Revised 6/8/01 ORD# , PAGE 12 CITY OF FEDERAL WAY PLANNING COMMISSION RECOMMENDATION June 12,2001 TO: FROM: Dean McColgan, Chair Land Useffransportation Committee (LUTe) David M~er Kathy McClung, Director of Community Deve_l~pment Services ~(., Margaret H. Clark, AICP, Senior Planner ~ David Graves, AICP, Senior Planner, Madrona Planning & Development Svcs.1\.)t'- tr~ VIA: SUBJECT: Amendments to Federal Way City Code (FWCC) Relating to Nonconforming Structures and Signs Created by Government Acquisition of Property for Right-of- Way Expansions. I. BACKGROUND As part of the Year 200 I Planning Commission Work Program, staff has proposed a code amendment related to the widening of road rights-of-way to accommodate local, state or federal road improvement projects without penalizing property owners if their existing buildings or signs become nonconforming as a result of any government acquisition of right- of-way for the proposed road project. The proposed code amendments would incorporate regulations into Federal Way City Code (FWCC) Chapter 22 and afford property owners an exception to the provisions of Sections 22- 334 and 22-335 which require nonconforming structures and signs to be brought into compliance with current development regulations if the non-conforming structure is expanded. ll. PROPOSAL The Planning Commission conducted a public hearing on June 6, 2001. The proposal before the Planning Commission provided that if a structure becomes nonconforming as a result of government acquisition of property for right-of-way improvements, the provisions of Section 22- 334 are not applicable to any subsequent improvements as long as the extent of the nonconformity is not increased and the fair market value of the alterations or improvements does not exceed 75 percent of the assessed value of the structure. Signs that becomè nonconforming as to placement within a required setback due to right-of-way acquisition will be considered legal non-conforming signs until such time as the sign is altered or an alteration of the associated structure exceeds 75 percent of the assessed value of the structure. The proposed Ordinance with the changes recommended by the Planning Commission is attached as Exhibit A. Changes proposed by the Planning Commission are shown as strikeout (deletions) and underline (proposed additions). The staff report to the Planning Commission is included as Exhibit B. The Planning Commission requested a clarification of the time period in Section 22-339 over which the 75-percent improvement value threshold would apply, i.e., whether the 75-percent threshold would be applied over the life of the structure or per calendar year, or some other period, since no time period is specified in the proposed code amendments. Staff explained that, as written, no time period was specified; therefore, the 75-percent threshold would apply per proposal. The Planning Commission did not recommend inclusion of any additional language. Staff recommends that similar language to that in Section 22-334(6) be added to ensure certainty and consistency. This language would allow up to a 75 percent improvement during anyone consecutive 12-month period. The changes recommended by staff are shown in Exhibit A as £trikeeüt (deletions) and underline (proposed additions). III. PLANNING COMMISSION/sT AFF RECOMMENDA nON The Planning Commission recommends adoption of the proposed FWCC text amendments as presented by staff with the two following minor changes (highlighted). The additional change recommended by staff relating to a time limit is shown as strike@üt (deletions) and underline (proposed additions): 22-335 Nonconforming signs Loss of le~al nonconformin~ sif!1l status. All nonconfonning signs specified in subsections (1) and (2) of this section shall be immediately removed or modified to confonn to all the provisions ofthis chapter, and a new penn it secured therefor, and such nonconfonning sign shall immediately lose its legal nonconfonning designation when one or more of the following events occurs: (i)(3) a. The applicant is making any changes, alterations, or perfonns any work to the legal nonconfonning sign other than regular and nonnal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconfonning sign designation; lIB b. The applicant is making any changes, alterations, or performs work other than nonnal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconfonning sign is associated, in anv one consecutive 12-month oeriod. and the fair market value of those changes, alterations, or other work exceeds 75 percent of the assessed value of that structure or improvement, as detennined by the King County Assessor. The applicant may provide an appraisal ofthe structure or improvement. The appraisal must be from asource that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed Page 2 valuation appears to be inaccurate or inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. (2) 22-339 Special provisions for compliance with government regulations. IV. Governmental acquisition of property for ri~ht-of-way expansion....; b. THe fair marl:et vallie @ftHe alterati@Rs ~@es R@t ~meee~ :) ~ereeRt @ftHe assesse~ vallie @ftHe stmetlire as ~etermiRe~ e'!' tHe KiRg C@IiRt'/ assess@r. The aRPlicant is makin!! any alteration or chan!!es or doing anv work. other than tenant improvements. in anyone consecutive 12-month period and the fair market value of the alteration. change or other work does not exceed 75 percent of the assessed or apJJraised value of the imRrovement. The applicant may provide an appraisal of the improvements. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22- 336 (street/sidewalk improvements) shall not be counted towards the l1li= percent threshold which would trigger application of this subsection; and COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the Committee recommend to the full Council Option No.2 above, that is, adoption of the Planning Commission's recommendations with the further change recommended by staff to include a 12 month time period. Page 3 v. LAND USE/TRANSPORT A nON COMMITTEE RECOMMENDA nON The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTC. Approval Of Committee Action: List of Exhibits Exhibit A Exhibit B Exhibit C Planning Commission Recommendation June 6, 2001 Staff Report to the Planning Commission June 6, 2001 Planning Commission Meeting Summary 1:\2001 Code Amendments\ROW Nonconfonnance\Planning Commission\PC Rec StafTReport to LUTc.OOC/06/1212001 4:00 PM Page 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE CHAPTER TWENTY-TWO, ARTICLE IV WITH RESPECT TO NON CONFORMANCES CREATED BY GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT OF WAY EXPANSION (Amending Ordinance Nos. ). WHEREAS, Chapter III of the Federal Way Comprehensive Plan contains level of service standards for streets and roadways within the City of Federal Way; and WHEREAS, maintaining level of service standards as set forth in the Comprehensive Plan occasionally requires the City to purchase property and widen existing rights-of-way in order to provide additional vehicle capacity; and WHEREAS, such widening can result in a property and/or a building being nonconfonning with respect to required building and sign setbacks from the right-of-way, or with respect to minimum landscape buffers required along parking lots and or street frontage; and WHEREAS, Federal Way City Code ("FWCC") Section 22-334 may require that a property owner bring a nonconfonning structure or improvement into compliance with FWCC requirements if the applicant proposes to change the use of a property on which a nonconfonning development is located, or if the applicant proposes to increase the gross floor area of any use on the subject property; and WHEREAS, the foregoing requirements could require major building remodelingor relocation as part of even relatively minor changes in use or expansions in gross floor area of a structure; and WHEREAS, the potential that nonconfonnances created by widening of the right-of-way may need to be remedied as part of relatively minor future development or improvements complicates the City's acquisition of property for right-of-way expansion; and ORD# , PAGE I r". v, '. .='1 ". i r ., --- A 1;. 'Ii ~" ê n ... PAGE , ur'J'- WHEREAS; the City desires to relieve property owners from the burden of potentially applicable nonconfonning use requirements, without the necessity of a variance process, when the nonconfonnance is created by government acquisition of property; and WHEREAS, FWCC Section 22-528 provides for amendments to the text of Chapter 22 of the FWCC if the City finds that a proposed amendment is consistent with the applicable provisions of the comprehensive plan; . the proposed amendment bears a substantial relation to public health, safety, òr welfare; and the proposed amendment is in the best interest of the residents of the City; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on the proposed code amendments on June 6, 2001; and WHEREAS, the Planning Commission forwarded a recommendation of approval to the City Council on ; and WHEREAS, the Land Useffransportation Committee (LUTC) ofthe Federal Way City Council considered the code amendments relating to nonconfonnances created by government acquisition of property for right of way expansion on ,2001; and WHEREAS, the City Council considered the proposed code amendments relating to nonconfonnances created by government acquisition of property for right of way expansion on and ,2001. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Chapter 22, Article IV, Section 22-335 ofthe City of Federal Way City Code is amended ORD# ,PAGE2 F~fH1~ ~ n",-,-. Ii. . '! 1 '!..:J~.":' . . . j -.=)! PAGE 2. v~~-.-i¡' as follows: . 22-335 Nonconforming signs (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this I O-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (I) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. , PAGE 3 A_- PAGE---1Ur~ ORD# F~~"_n n [':. n- (2) Allowed. All legal nonconfonning signs are allowed subject to all pennit requirements, the provisions covering loss of legal nonconfonning status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconfonning signs. (d) Legal nonconfonning sign penn it. (I) Required. A legal nonconfonning sign penn it is required for each legal nonconfonningsign. The penn it shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconfonning. The penn it shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection( e) of this section. (2) Necessary infonnation. Applications for a legal nonconfonning sign pennit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent infonnation as the director of community development may require to ensure compliance with the Code, including proof of the date of installation of the sign. (3) Failure to comply. A legal nonconfonning sign for which no pennit has been issued within the 60-day period shall within six months be brought into compliance with the Code or be removed. Failure to comply shall subject the sign user, owner and/or owner ofthe property on which the sign is located to the remedies and penalties of FWCC 22-1604. (e) Amortization. All legal nonconfonning signs shall be discontinued and removed or made confonning within 10 years from the effective date of this Code, on or before February 28,2000, and all signs which are made nonconfonning by a subsequent amendment to this Code shall be discontinued and removed or made confonning within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into confonnance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought ORD# , PAGE 4 F~~,un'C""~ Pc, --- PAGE-4-u.~ J:2. into confonnance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign, which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcementwould fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) ofthis section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent ofthe sign area required by Article ~VIII ofthis Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is hannonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement ofthis Code would result in a substantial hardship to the applicantdue to the size, shape, topography, location or surroundings of the subject property and such hardship was not created , PAGE 5 E'~n"_n"~"~ -. ~ . P A G E-S- 0 i':'~ ORD# by any action ofthe applicant or would result in a substantial economic hardship to the appl icant because the applicant erected a sign, or made an application for a sign penn it, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; d. The sign complies with the city's minimum sign distance at intersectionrequirementspursuant to FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will process an application for a sign amortization exemption or extension through process I of this Code. .(g) Loss oflegal nonconfonning sign status. All nonconfonning signs shall be immediately removed or modified to confonn to all the provisions of this chapter, and a new penn it secured therefore, and such nonconfonning sign shall immediately lose its legal nonconfonning designation when one or more of the following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconfonning sign is associated. (2) Other alterations. The applicant is making any change, alteration or perfonning work other than nonnal maintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the nonconfonning sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as detennined by the King County assessor. (3) Abandonment or business cessation. The subject propertycontainingthe sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. ORD# , PAGE 6 EY~~ß~T._.___A PAGE-I.-OF 12. (4) Sign alterations. The applicant is making changes, alterations or performinganyworkto the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this Code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article VII of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (l) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailingsignage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. , PAGE 7 f ~'" fI" n r""""'T" qo___A P k u l::--1 0 F ~ ORD# (i) Government acquisition of property for ri~ht-of-way. (1) A sign that becomes nonconfonning with respect to its setback from the edge of a public right-of-way as a result of a local. state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconfonning sign and shall be allowed subject to the requirements of subsection (3) of this section. (2) The City may, using process 1, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action ofthe applicant; b. The sign is not prohibited by FWCC 22- I 600 and, except for location within a required setback, complies with all other requirements of FWCC 22-1596 - 22-1629; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWCC 22- I 151 et seq.; and d. Location ofthe sign with a required setback is otherwise consistent with the public health, safety, and welfare. (3) Loss of le~al nonconformin~ sif!Jl status. All nonconfonning signs specified in subsections (1) and (2) ofthis section shall be immediately removed or modified to confonn to all the provisions of this chapter, and a new penn it secured therefor, and such nonconfonning sign shall immediately lose its legal nonconfonning designation when one or more ofthe following events occurs: a. The applicant is making any changes, alterations, or perfonns any work to the legal nonconfonning sign other than regular and nonnal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided however, that any copy change in a center ORD# , PAGE 8 EY'L~~ß~T ~ PAGE-i-OF 12-- identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation; or b. The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, in anv one consecutive 12-month period. and the fair market value of those changes, alterations, or other work exceeds 75 percent of the assessed value of that structure or improvement, as determined by the King County Assessor. The applicant may provide an appraisal ofthe structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. í.ilExemption. The city may elect not to apply any provisions of this FWCC 22-335 if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5)), 2-27-90; Ord. No. 91-113, § 4 (165.35(5)), 12-3-91; Ord. No. 92-135,.§ 3 (165.35(5)),4-21-92; Ord. No. 92-144, § 3 (165.35(5)),6-16- 92; Ord. No. 95-235, § 3,6-6-95; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-357, § 4, 12-7-99) Section 2. Chapter 22, Article IV, Section 22-339 ofthe City of Federal Way City Code is amended as follows: EV~-"1r"~ . A P A G E--!- U f..--rL ORD# , PAGE 9 22-339 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. (1) Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. (2) Governmental acquisition of property for ri~ht-of-way expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWCC 22-334 that an applicant correct an existing nonconformance as to lot coverage, minimum lot size, parking, landscaping, or setback requirements, i[the nonconformance was created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and if the proposal meets the following requirements: a. The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; b. THe fair market vahle eftHe alteratiens ~ees net e~leee€l 7'; ~ereent eftHe assessed value eftHe EtrUGture as €Ietermine€l b',' tHe King Ceunty assessør. The applicant is making anv alteration or changes or doing anv work. other than tenant improvements. in anv one consecutive 12-month period and the fair market value of the alteration. change or other work does not exceed 7S percent of the assessed or appraised value of the improvement. The applicant may provide an appraisal of the " .. improvements. The appraisal must be from a source that is acceptable to the city. The community . ORD# , PAGE 10 Eyr-"~ßÛT_~ P A G E--IO 0 F'~ development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold which would trigger application of this subsection; and d.The proposal is otherwise consistent with the public health, safety, and welfare. ŒlOther government regulations. Other than as specified in subsection (1) of this section, the city may, using process IV, exempt a property or use from any of the requirements of this article if: a. The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; b. The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord. No. 90-43, § 2(165.50), 2- 27-90; Ord. No. 91-113, § 4(165.50), 12-3-91; Ord. No. 92-135, § 3(165.50), 4-21-92; Ord. No. 92-144, § 3(165.50), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) Section 3. 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 affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD# , PAGE II r~I7JLJI ~ ~ r:r---A P A l:i E.Jl.. OF'~ Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect 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 May 2001. CITY OF FEDERAL WAY Mayor, Mike Park A TIEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Bob C. Sterbank FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No. 1:\2001 Code Amendments\ROW Nonconfonnance\Planning Commission\Code Amendment from PC to LUTC.dodO6/12/2001 4:32 PM ORD# , PAGE 12 r:"~'ip.,...n n. ~.-. '1'"'"'i'" ¡;: I I; I ..-. p. P AG E--'.1 U ~~. ~ ", "", , 'é,'" City a/Federal Way PLANNING COMMISSION June 6, 2001 7:00p.m. <" "'\7:L NOTE TIME CHANGE AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROV AL OF MINUTES 4. AUDIENCE COMMENT 5. AD MINISTRA TIVE REPORT 6. COMMISSION BUSINESS 1& PUBLIC HEARING Regulate Nonconformance Created by Government Acquisition of Property for Right-of-Way Expansion 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN E~("n_I".""r--..~~ 6 PAGt-. 8 Ji- 11 K ICI> Ad",," hlesll'LANCOMl200llAgenda 06-Qú-OLdoc/LaSl printed 06/12/2001 OI)R I'M ST AFF REPORT TO THE PLANNING COMMISSION Federal Way City Code (FWCC) Amendments Nonconformances Created by Government Acquisition of Property for Right-of-Way Expansion Planning Commission Meeting of June 6, 2001 I BACKGROUND As part of the Year 2001 Planning Commission Work Program, Staff has proposed a code amendment related to the widening of road rights-of-way to accommodate local, state, or federal road improvement projects without penalizing property owners if their existing buildings or signs become nonconfonning as a result of any acquisition of frontage for the proposed road project. The proposed code amendments would incorporate regulations into Federal Way City Code (FWCC) Chapter 22, Article IV and afford property owners an exception to the provisions which require nonconfonning structures and signs to be brought into compliance with current development regulations. The following is an example as to how the proposed code amendments would work. The City of Federal Way is currently undertaking frontage improvements, the creation ofHOV lanes and a general widening of Pacific Highway South, which is a State Route. Because portions of the existing right-of-way may not be wide enough to accommodate the proposed construction, portions of properties adjacent to the existing right-of-way may have to be acquired by the City or state such that all the improvements will be located on public property. As a result of the acquisition of property by a governmental agency, existing building(s) on the subject property may become nonconforming as to the development regulations such as front yard setback or landscape screening width; or a sign may become nonconfonning because it is now too close to the edge of the right-of-way. Generally, nonconfonning structures must be brought into compliance with the current development regulations if there is a change of use, an expansion in gross floor area, abandonment, or alterations other than nonnal maintenance or tenant improvements in a 12-month period that is valued at greater than 50 percent of the assessed or appraised value of the structure (FWCC 22-334). Nonconforming signs are allowed to remain for 10 years subject to the provisions of FWCC 22-335. The proposed code amendments provide that if a structure becomes nonconfonning as a result of a local, state, or federal road project, by the acquisition of property for frontage improvements, the provisions of FWCC 22-334 are not applicable to any subsequent improvements as long as the extent of the nonconformity is not increased and the fair market value of the alterations or improvements does not exceed 75 percent of the assessed value of the structure. Signs, which become nonconfonning due to right-of-way acquisition, will be considered legal nonconforming signs until such time as the sign is altered and the alteration exceeds 75 percent of the assessed value of the structure. EX~rGr~ 8 PAGE 2 vr' 11 The purpose of these code amendments is to encourage the continued improvement of properties, structures, and signs adjacent to City rights-of-way but not penalize property owners in situations where their property is acquired for right-of-way expansion, which benefits the residents of the City. Attached is a draft ordinance, which identifies the proposed text amendments with respect to nonconformances created by government acquisition of property for right-of-way expansion. The draft ordinance has been prepared in "line-in/line-out" format, with strikeouts (proposed deletions) and underline (proposed additions) indicated. II REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: . To review and evaluate the zoning code text regarding any proposed amendments; . To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, . To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. III PROCEDURAL SUMMARY The proposed code amendments are procedural in nature and thus are exempt from SEPA review. June 6, 2001 Public Hearing in front of Planning Commission IV DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning code text amendments regarding structures and signs that became nonconforming as a result of a right-of-way acquisition for a local, state, or federal road improvement project pursuant to the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amend ment is consistent with the applicable provisions of the comprehensive plan; E}f~~~r,~~ .6 PAGE 3_0~ Planning Commission Staff Report Page 2 NonconformancdRight-of-Way Expansion The proposed FWCC text amendments regarding nonconforming structures and signs are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG] Improve the appearance and function of the built environment. LUP7 Integrate and coordinate construction of public infrastructure with private development to minimize costs wherever possible. EDGI The City will emphasize redevelopment which transforms the City from a suburban to an urban area. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendments will afford property owners the opportunity to renovate and upgrade existing structures and signs which become nonconforming due to right-of-way acquisition associated with a road improvement project without having to correct a nonconformity, unless the renovation exceeds 75 percent of the structure's assessed value. Building renovations and upgrades enhance the quality and appearance ofthe built environment within the City, which has a direct relationship to the public health, safety, and welfare. 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendments will afford property owners the opportunity to renovate structures and signs in order to improve the quality of the built environment within the City, which is in the best interest of the City's residents. .V PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take one of the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recom mendation. Planning Commission SlaffReport Page 3 E'(P-RH"j)~--r 4. .ó"11 !.t;L./ ~ NFJ.(Gt~uF11- VI STAFF RECOMMENDATION The following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments regarding structures and signs that become nonconforming as a result of a right-of-way acquisition associated with a road improvement project. (If changes occur as a result of Planning Commission deliberations add, ". ..as amended by the Planning Commission.") VII EXHIBITS Exhibit A - Proposed Ordinance with Code Amendments -_ß P A G t:.J V ~=-l:L Ev. ..' 1'1.. f'I. ".r'""'\ ~..--., ,( /,- ,I . I'" , 1:\2001 Codc Amcndlllcnls\RüW Nonconformancc\Planning Comlllission\SlaffRcport 10 PC.doc/06/1 2/200 1 I :59 PM Planning Commission Staff Report Page 4 Nonconformance/Right-of- Way Expansion ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE CHAPTER TWENTY-TWO, ARTICLE IV WITH RESPECT TO NONCONFORMANCES CREATED BY GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT OF WAY EXPANSION (Amending Ordinance Nos. ). WHEREAS, Chapter III of the Federal Way Comprehensive Plan contains level of service standards for streets and roadways within the City of Federal Way; and WHEREAS, maintaining level of service standards as set forth in the Comprehensive Plan occasionally requires the City to purchase property and widen existing rights-of-way in order to provide additional vehicle capacity; and WHEREAS, such widening can result in a property and/or a building being nonconforming with respect to required building and sign setbacks from the right-of-way, or with respect to minimum landscape buffers required along parking lots and or street frontage; and WHEREAS, Federal Way City Code ("FWCC") Section 22-334 may require that a property owner bring a nonconforming structure or improvement into compliance with FWCC requirements if the applicant proposes to change the use of a property on which a nonconforming development is located, or if the applicant proposes to increase the gross floor area of any use on the subject property; and WHEREAS, the foregoing requirements could require major building remodelingor relocation as part of even relatively minor changes in use or expansions in gross floor area of a structure; and WHEREAS, the potential that nonconformances created by widening of the right-of-way may need to be remedied as part of relatively minor future development or improvements complicates the tity's acquisition of property for right-of-way expansion; and If ORD# ,PAGE I E~("'"-"!"'T-' ~- 8 PAG E~ u.-= 11-- WHEREAS; the City desires to relieve property owners from the burden of potentially applicable nonconforming use requirements, without the necessity of a variance process, when the nonconformance is created by government acquisition of property; and WHEREAS, FWCC Section 22-528 provides for amendments to the text of Chapter 22 of the FWCC if the City finds that a proposed amendment is consistent with the applicable provisions of the comprehensive plan; the proposed amendment bears a substantial relation to public health, safety, or welfare; and the proposed amendment is in the best interest of the residents of the City; and WHEREAS, the proposed amendments are procedural in nature and thus the adoption of these amendments is exempt from the requirements of the State Environmental Policy Act (SEPA); and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on the proposed code amendments on June 6, 2001; and WHEREAS, the Planning Commission forwarded a recommendation of approval to the City Council on ; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered the code amendments relating to nonconformances created by government acquisition of property for right of way expansion on ,2001; and WHEREAS, the City Council considered the proposed code amendmentsrelatingto nonconfonnances created by government acquisition of property for right of way expansion on and , 2001. Now, THEREFORE, THE CITY COUNCILOFTHECITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD# ,PAGE 2 S PAGE-1.\Jw ~ EVr-q"~"'~ i'i,\ "...-[1[! i .' ., '" Section 1. Chapter 22, Article IV, Section 22-335 of the City of Federal Way City Code is amended as follows: 22-335 Nonconforming signs (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 1 O-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, but which does not comply with the sign regulations of Article XVIII ofthis chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption ofthis Code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or ORD# ,PAGE 3 8 PAGl:: tI':"-U."'1 -f- \oJ . - E. ~(' r-r1 ~ r'""' ~~ :¿ b.lfno sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. (I) Required. A legal nonconforming sign permit is required for each legal nonconformingsign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection (e) of this section. (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the Code, including proof of the date of installation of the sign. (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-day period shall within six months be brought into compliance with the Code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of FWCC 22-1604. (e) Amortization. All legal nonconforming signs shall be discontinuedand removed or made conforming within 10 years from the effective date ofthis Code, on or before February 28,2000, and all signs which are made nonconforming by a subsequent amendment to this Code shall be discontinued and removed or made conforming within five years after the date of such amendment (collectively the "amortization period"). ,PAGE4 f!'f4n~ ~~---'-. FÞA ~ L d ." ,.,- -.::J- '-<-/ Q ~ ORD# Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (I) Applicability. This subsection applies to any sign, which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcementwould fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortizationextensionor exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements ofthe sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIIl of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIIl of this Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; ORD# , PAGE 5 E.~(7n~l1rlìn~ 8---__- P A G l:. jf¿ -..; .~. ~ c. The enforcement of this Code would result in a substantial hardshipto the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicantbecause the applicant erected a sign, or made an application for a sign permit, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; d. The sign complies with the city'sminimum sign distanceat intersectionrequirementspursuant to FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will process an application for a sign amortization exemption or extension through process I of this Code. (g) Lossoflegal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconfonning designation when one or more of the following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconform ing sign is associated. (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any structurethat houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. ORD# , PAGE 6 E'r:f-n~r,~~ S - PAbE-.Jlv~ rL- (3) Abandonment or business cessation. The subject propertycontainingthe sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The appl icant is making changes, alterations or performingany work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into confonnance with this Code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconfonnance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-site historical signs may be retained through process 11, Article VII of this Code, ifthe sign is determined to be of historic significance by satisfying all of the following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailingsignageduringthe period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. ORD# , PAGE 7 EY~~n~M~ 8 PAGE: , 2 ~J " (i) Government acquisition of property for ri~ht-of-wav. (1) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (3) of this section. (2) The City may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action of the applicant; b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements of FWCC 22-1596 - 22 1629; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWCC 22-1151 et seq.; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (3) Loss ofle~al nonconformin~ si~n status. All nonconforming signs specified in subsections (1) and (2) of this section shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefore, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a. The applicant is making any changes, alterations, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include ORD# , PAGE 8 Ey~~pr~S PAGt=il'Jf~'~ relocating the sign or replacing the sign~ provided however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation~ and b. The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconform ing sign is associated, and the fair market value of those changes, alterations, or other work exceeds 75 percent ofthe assessed value ofthat structure or improvement, as determined by the King County Assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of detennining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconfonning development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. {ilExemption. The city may elect not to apply any provisions of this FWCC 22-335 if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5», 2-27-90; Ord. No. 91-113, § 4 (165.35(5», 12-3-91; Ord. No. 92-135, § 3 (165.35(5»,4-21-92; Ord. No. 92-144, § 3 (165.35(5», 6-16- 92; Ord. No. 95-235, § 3,6-6-95; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-357, § 4, 12-7-99) Section 2. Chapter 22, Article IV, Section 22-339 of the City of Federal Way City Code is amended as follows: ORD# , PAGE 9 Fv"r-f1"r-'\~"""" _8 P A G t: -'-"- J F --.rL 22-339 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. (I) Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconfonnance on the subject property be corrected. (2) Governmental acquisition of property for rif.!.ht-of-way expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWCC 22-334 that an applicant correct an existing nonconfonnance as to lot coverage, minimum lot size, parking, landscaping, or setback requirements, if the nonconformance was created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and if the proposal meets the following requirements: a. The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; b. The fair market value of the alterations does not exceed 75 percent of the assessed value of the structure as determined by the King County assessor. The applicant may provide an appraisal of the improvements. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. Ifan appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Fa! ORD# ,PAGE 10 EXJi Hi3 "'1"8_- 8 PA'-" "-' ,~ .. ,.. "'(jL~,-,\~'~- purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 50-percent threshold which would trigger application of this subsection; and d. The proposal is otherwise consistent with the public health, safety, and welfare. Ql Other government regulations. Other than as specified in subsection (I) of this section, the city may, using process IV, exempt a property or use from any of the requirements of this article if: a. The actions or events which fonn the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; b. The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord. No. 90-43, § 2(165.50), 2- 27-90; Ord. No. 91-113, § 4(165.50),12-3-91; Ord. No. 92-135, § 3(165.50),4-21-92; Ord. No. 92-144, § 3(165.50), 6-16-92; Ord. No. 97-307, § 3,12-16-97) Section 3. 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 affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD# ,PAGE II EXHnp~~ B PA~lA~u . . 11 ~ Section 5. Effective Date. This ordinance shall take effect 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 May 2001. CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Bob C. Sterbank FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No. 1\2001 Code AmcndmcntslROW Nonconrormanœ\Planning CommissionlCodc Amcndmenllo PCdod06/12I2ool I :59 PM ,PAGE 12 f~~n_nr~"'- I PAGt:.J.1-~.." 11 ORD# June 6, 2001 7:00 p.m. MEETING SUMMARY Commissioners present: John Caulfield, Hope Elder, Sophia McNeil, Dini Duclos, and Dave Osaki. Commissioners absent (excused): Bill Drake and Nesbia Lopes. Staff present: Senior Planner Margaret Clark, Contract Senior Planner David Graves, Assistant City Attorney Karen Kirkpatrick, and Administrative Assistant E. Tina Piety. Chairman Caulfield called the meeting to order at 7:00 p.m. It was m/s/c to amend the agenda to add a special election for chair and vice-chair after the approval of the minutes. ApPROV AL OF MINUTES The April 18,2001, meeting summary was approved as presented. ELECTIONS John Caulfield was nominated for Chair. There were no other nominations. The vote was held and it was unanimous in favor of him. Hope Elder was nominated for Vice-Chair. There were no other nominations. The vote was held and it was unanimous in favor of her. AUDIENCE COMMENT Mark Clirehugh, Federal Way Chamber of Commerce - He presented a letter (attached) and spoke to the proposed 25% Trigger code amendment, which will come to the Planning Commission in thc future. He commented that there is a dichotomy over who pays for what (public vs. private). The Chamber's Economic Vitality Committee studied this issue and is presenting the recommendations outlined in the letter to the city. The chamber feels the private sector bears an unfair amount of thc cost of street improvements. Their recommendations are as follows: I. 2. The 25% trigger should remain unchangcd. Currently, the 25% trigger comes into play when improvements arc madc to the structurc itself (i .c. if the structure improvements exceed 25%). Th is should bc broadened to includc thc total assessed value of both land and improvcmcnts. Pj-\~L I C .....,/ i-~ E~":'J"rr"'~--. Planning Commission Summary Page 2 June 6, 200 I 3. 4. Interior tenant improvements should be excluded. The business owner's amount of street frontage improvements should be calculated based on just the city's proportioned amount, excluding federal, state, and county contributions. Allow landowner to spread out the payment over time. There are mechanisms that can be used for this. 5. ADMINISTRATIVE REPORT The Mega-Church code amendment went to the council's Land Userrransportation Committee on Monday, June 4, 2001. They continued the topic to June 18. Ms. Clark announced the meeting on June 20 will be a public hearing on Phase II of the Miscellaneous Code Amendments. She asked the commission, since July 4 (our next regular meeting date) is a holiday, would they like to meet on July II? The commission discussed the issue and decided there was no compelling reason to hold a special meeting and would simply meet on July 18 as scheduled. COMMISSION BUSINESS PUBLIC HEARING - Regulate Nonconformance Created by Government Acquisition of Property for Right-of-Way Expansion Mr. Graves gave the staff report. He started out by giving some corrections to the staff report and ordinance. On page 1 of the staff report, the last sentence of the last paragraph should read, "...as the sign is altered, and or the alteration of the structure exceeds 75 percent...." On page 3 of the staffreport, the first sentence of the paragraph under decisional criteria #2 should read, "... upgrade existing structures and replace signs...." And the sentence under decisional criteria #3 should read, "...renovate structures and replace signs...." On page 9 of the ordinance, the third sentence from the top of the page should end, "...designation; and OT...." On page 11 of the ordinance, the third sentence from the top of the page should read, "...shall not be counted towards the $.() 75 -percent threshold which...." Mr. Graves went on to answer the questions Commissioner Osaki had sent bye-mail. They are as follows: 1. The last sentence in the staff report "Background" on page 1 says "Signs, which become non- confonning due to right-of-way acquisition, will be considered legal non-confonning signs until such time as a sign is altered and the alteration exceeds 75 percent of the assessed value of the structure." In the draft ordinance, FWCC 22-335 i.3 (proposed) "Loss of legal nonconfonning sign status," I don't see any provision that states one loses non-confonning status if the sign is altered at 75%. Proposed FWCC 22-335i.3 ties the loss of nonconfonning status of a sign, as I read it, to exceeding the 75% threshold to the structure or improvement that houses or supports the use associated with the non-confonning sign and not the sign itself. Is this the intent? EXH~BM'i"" .C. PAGE ~ Jf=-H- K:'a> Admin FiIes\PLANCOM\200llMecting Summary ~l.docILast printed 061121200108:48 AM Planning Commission Summary Page 3 June 6, 2001 Staff Response: The sentence in question should have read, "...as the sign is altered, and or the alteration of the structure exceeds 75 percent...." 2. Also, proposed FWCC 22-335 i.3.a allows the change in the copy change in a "...center identification or tenant directory sign...." I need clarity on what is meant by "center identification" but it implies that if a sign face is changed out for a single business (i.e. Dave's Coffee Shop becomes Margaret's Coffee Shop) that the new sign must be conforming whereas sign face changes to multi-tenant businesses could be done while retaining non-confonning status. Staff Response: It would not trigger the nonconfonnance. 3. I'm assuming that any businesses that have not yet complied with the city's sign amortization program are still illegal and would not benefit from this proposal (i.e. pole sign that should have come down by now won't get legal non-confonning status by virtue of this code change since it's not legal to begin with). Staff Response: The assumption is correct in that this code amendment applies only to legal signs that are made nonconfonning due to the city acquiring property for right-of-way. 4. I'm assuming there is no ten year amortization period for non-confonning signs resulting from right-of-way acquisition. Staff Response: This is correct; there is no 10-year amortization period. 5. In proposed FWCC 22.335i.3.b and 22.339 2.q. there is reference to the 75% threshold. Does the city want to specify the 12 month period for this threshold as it seems you do for other non- confonning situations or is there a specific reason the reference to 12 months is left out. Staff Response: No period is specified. This code amendment raises the nonconfonnance trigger from 50 to 75 percent in those cases when, as a result of acquisition of property by a governmental agency for right-of-way, existing building(s) on the subject property become nonconfonning as to the development regulations such as front yard setback or landscape screening width and/or a sign becomes nonconfonning because it is now too close to the edge of the right-of-way. The commission asked what options would a business owner have if the acquisition of right-of-way left him or her without enough room to legally erect a new sign. Assistant City Attorney Kirkpatrick replied that the business owner could apply for a Process I, which would allow placement of a new sign in the required setback if the required criteria are met (see #2 on page 8 of the proposed ordinance). This would save them the time and expense of requesting a variance. The commission requested clarification. If a business owner did 70 percent improvements (thereby staying under the 75 percent trigger), and then six-'months later did 70 percent more, would the amendment allow this? The staff replied that since the amendment does not have a time period associated with it, the described situation could happen. K:'£D Admin FiksIPLAN<:OM\200I\Mceting Summit}' O6-O6-O1.cIoc:JLast printed 0611212001 08:~& AM EX~~~.~~ PAGE: -S c ~j -f- Planning Commission Summary Page 4 June 6, 2001 The commission asked for clarification ofthe meaning of tenant directory sign and center identification sign. Ms. Cark read the definitions from the Federal Way City Code. They are as follows: Tenant Directory Sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. Center Identification Sign means a building mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. Public Testimony was opened at 7:30 p.m. Bob Cooper, Federal Way Chamber of Commerce - He asked for clarification that improvements to the building that exceed 75 percent of the assessed value would trigger the requirement to upgrade the sign. Assistant City Attorney Kirkpatrick replied that is correct. He than asked what is the difference between the 25 percent trigger and the 75 percent trigger. Ms. Clark responded that the 25 percent trigger applies to when the business owner or property owner decide to make improvements. The 75 percent applies in cases where a government entity has caused the building and/or sign to become nonconforming due to acquisition of right-of-way. Mr. Cooper asked why is it 25 percent for the business owner and 75 percent for the city? He requested the commission consider this issue. The Public Testimony was closed at 7:32 p.m. The public hearing was closed at 7:33 p.m. The commission discussed the proposed code amendment. It was m/s to recommend the adoption of the proposed code amendment. A friendly amendment was made to include the corrections made to the ordinance as stated by Mr. Graves at the beginning of his staff report. The motion carried (unanimous). ADDITIONAL BUSINESS Chairman Caulfield stated that he was at the LUTC meeting and presented the Planning Commission's report on the Mega-Church code amendment. Hope Elder and Nesbia Lopes also attended. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 7:40 p.m. EXH~sn"" C. PAGE--4-°F .J/- K:\CD Admin FilalPLANCOM\200I\Mceting Summit}' ~l.docILast printed 0611212001 08:48 AM :Y/~ MEETING DATE: July 17,2001 ITEM# ----------------------------------------------_m_____------------------------------------------------------------------ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: (ASIP) Proposed 2002 - 2007 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan ----------------------- ------ ---______m______-- -------------------- --- ----------------------------- ------- - - ---------------- -------------- CATEGORY: BUDGET IMPACT: D CONSENT [g RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE [g PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ .-------_..- - _._-.-..- ---.-......--..---.- .---------------------.---------------.--.- ----..------------- ---..---.---- - - - - -- ----------.-...-----------.--.-..------ ----_._-----..----- --- - -----------.--- --- - - _m______----..--.---------.-.-.-------..-------------- ATTACHMENTS: Memorandum to Land Use/Transportation Committee dated July 2,2001 and Resolution adopting an extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for 2002-2007, and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. ""-"""-""'_".._m___m_........_......- """--"-"-""-""_"___"m"m______"-----"-"""--___""..m___m-____m"'___'-"",,"""____m"m_m........_____..m"_"__"_"m__mm..mm-"--""_""_m___m.._...... m...._...._- -. ___m__.._- -..- --.----- - ..-----..----------.--..- - - ..--.. -.--------.. tlMARYIBACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington (RCW), the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (A SIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's CUITent and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. Projects are required to be listed in the TIP in order to be eligible for grant funding. The TIP was presented to the Land Use/Transportation Commiitee at the July 2,2001 meeting. The City is required to hold a minimum of one public hearing on the revised plans, which is proposed for the July 17, 2001 City Council meeting. Once the revised plans have been adopted by Resolution, a copy ofthe respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the July 17, 2001 City Council meeting. m""__"_--"".._____mm.._mm......_mm_mm__m__.___.-...---......--..__..__..m"_"___"-'-'-----__..__..m..___m____m__.__..--........--____m"_____'----".-----"---"--__"___m__..___--..--.--..---.....-------- ---.--..-.-------------..-..-------.....-.- CITY COUNCIL COMMITTEE RECOMMENDATION: At its July 3,2001 meeting, the City Council set the date of the public hearing for the 2002-2007 TIP and ASIP to be held July 17, 200 I. The council recommends adopting the 2002- 2007 TIP and ASIP as presented with the following modifications 1. Include the Design Study of the I-5/SR 18 /SR 161 interchange; 2. Include a note that the Map ill number is not intended to suggest a priority ranking. "_"m__...... .._-.... -..-.. - -....-.. ....m_...... -"-"""-'-----""""."m.._m_"____'-'-"'--'--.---__m_.__._-m__.___m______..-. -.-----.-..-..-.--..--..---- -- ..---.-.-..----.---.- -- ---- -..---.. ._""__m__m.._._._. ---- ---.---- --.-----..-.-.... -- m.. --. P.JlOPOSED MOTION: "I move approval of the attached resolution, adopting the 2002 - 2007 Transportation ~ovement Plan (TIP) and Arterial Street Improvement Plan (ASIP) as presented by the City Council at the public hearing July 17,2001." ~ MANAG~OV AL: --- ~~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D. DENIED D TABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05110/2001 DATE: July 2,2001 TO: Dean McColgan, Chair Land Use!Transportation Committee FROM: SUBJECT: Richard Perez, Traffic Engineer David H. M~anager Proposed 2002 - 2007 Transportation Improvement Plan (rIP) Improvement Plan (ASIP) and Arterial Street VIA: BACKGROUND In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP andASIP on July 23,1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. Projects are required to be listed in the TIP in order to be eligible for grant funding. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the July 17,2001 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. REVISED PLAN Attached for your review and comment are the proposed 2002 - 2007 TIP and ASIP (Attachment A), and a location map (Attachment B). The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan TP81, which reads, "Prioritize transportation projects considering concurrency, safety, support for non-SOY modes, environmental impacts, and cost effectiveness." The scoring criteria are shown in Attachment C. The proposed plan does not significantly differ ITom the previous year's plan. However, construction costs have been updated for all projects based on the latest bid results. It has been proposed for three projects to be deleted, as they have been completed. Eight projects have had revisions of scope. It has been proposed that three new projects be added to the six-year TIP and ASIP. Completed Projects Projects completed include the following: . S 320th Street at SR 99, adding dual-left-turn lanes; . SR 99 at S 330th Street signalization; . BP A Trail Phase III ITom SW Campus Drive to SW 356th Street. Revised Projects The following projects have been revised: . 23rd Avenue S between S 3161h Street and S 3241h Street. This project was extended to S 316th Street at 23rd Avenue S in accordance with Sound Transit's participation with the project in preparation for their Transit Center to be located west of23rd Avenue S between S 316th Street and S 317th Street. . S 2881h Street at SR 99. The scope of this project was increased to add signal interconnect to all traffic signals on Military Road S and signal modifications at Military Road S and S 288th Street, as recommended by Transportation Improvement Board staff to increase the probability of funding (which was successful). . SR 99 Phase 3 between S 2841h Street and SR 509. The scope of this project was increased to provide a traffic signal on SR 509 at Redondo Way S / 16th Avenue S to meet concurrency needs. The signal would be operated from the same controller as the intersection ofSR 99 and SR 509. . S 3481h Street between 9th Avenue Sand SR 99. This project was revised to add a northbound left-turn lane and remove an eastbound right-turn lane at the intersection of SR 99 and S 34Sth Street, based on revised traffic volume forecasts. . S 320lh Street at 1 sl Avenue S. The scope of this project was increased to widen 151 Avenue S between S 316th Street and S 320th Street to accommodate an additional northbound through lane at the intersection ofS 320th Street and 151 Avenue S. . S 3561h Street between Is1 Avenue Sand SR 99. The scope of this project was increased to provide additional turn lanes at the intersection of SR 99 and S 356th Street. . 10'h Avenue S between SW Campus Drive and SW 3441h street. The scope of this project was increased to include the extension of SW 344 th Street between 12th A venue SW and 21 st Avenue SW, in the event that development that otherwise would be required to construct this connection does not occur at the pace previously assumed. . S 3361h Street at 1 sl Way S. The scope of this project was increased to provide a second westbound right- turn lane based on revised traffic volume forecasts. Proposed New Projects The proposed new projects include the following: . 1 sl Avenue S from S 320lh Street to S 330lh Street; This project (currently contained in the Capital Facilities Program in the Comprehensive Plan) addresses a concurrency issue at S 328th Street and 151 Avenue S and a high corridor collision rate on 151 Avenue S. The project would widen 151 A venue S to provide a raised median and left-turn lanes at intersections and major driveways. . S 3361h Street from ISlh Avenue S to 1-5; This project (currently contained in the Capital Facilities Program in the Comprehensive Plan) addresses a concurrency issue at 20th A venue S and S 336th Street and a high corridor collision rate on S 366th Street between SR 99 and 20th A venue S. The project would widen S 336th Street between 18th Avenue Sand 1-5 to provide a two-way left-turn lane, and add a southbound right-turn lane and signalize the intersection at 20th Avenue S. . Design Study for a new interchange at S 312tb Street at 1-5. This project (currently contained in the Capital Facilities Program in the Comprehensive Plan) is to identify a preferred solution to extend S 312th Street from 28th Avenue S to Military Road S and provide additional access to 1-5. Year 2020 forecasts for S 320th Street indicate that volumes would increase to a point where additional lanes on S 320th Street and intersecting streets would be infeasible. An additional arterial across 1-5, preferably with access to 1-5, would more efficiently meet forecasted traffic volumes. Providing additional access to an Interstate highway requires a significant analysis effort to gain Federal approval, a process that nonnally requires at least 10 years to accomplish. The proposed Design Study would begin this process. RECOMMENDATION The Staff requests the Land Use/Transportation Committee recommend approval of the attached resolution adopting the 2002 - 2007 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan at a public hearing to be held July 17,2001. RAP:dl cc: Project File Day File k:\lutc\lutc memo.doc DRAFT .7/II/ð ( RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AN EXTENDED AND REVISED TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN FOR 2002-2007, AND DIRECTING THE SAME TO BE FILED WITH THE WASHINGTON STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. (AMENDS RESOLUTION 91-67, 92-117, 93-155, 94-186, 95-210, 96-236,97-258,98-273,99-299, and 00-316). WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated its Transportation Improvement Program ("Program") on October 19, 1993, by its passage of Resolution No. 93-155; and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 4, 1994 (Resolution No. 94-186); and WHE~AS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 1995 (Resolution No. 95-210); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 16, 1996 (Resolution No. 96-236); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 1, 1997 (Resolution No., 97-258); and RES # ,PAGE 1 WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 7, 1998 (Resolution No., 98-273); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June I, 1999 (Resolution No., 99-299); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 20,2000 (Resolution No., 00-316); and WHEREAS, the City Council of the City of Federal Way has reviewed the work accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and WHEREAS, a public hearing was held on the proposed annual update to the Transportation Improvement Program on July 17, 2001, in compliance with the requirements of State laws; and WHEREAS, the City Council has detennined cun-ent and future City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation Improvement Program and an Arterial Street Improvement Plan for the ensuing six calendar years; and WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually revIse and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEP A Responsible Official has adopted the Detennination of Nonsignificance ("DNS") in Federal Way File No. 00-1O00993-00-SG issued for the City's Comprehensive Plan amendments RES # , PAGE 2 adopted in September 2000, which amendments contained essentially the same Transportation Improvement Program adopted herein; WHEREAS, adoption ofthe Comprehensive Plan DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised Transportation Improvement Program and Arterial Street Improvement Plan adopted herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6) calendar years (2002-2007 inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and which sets forth the City's transportation project locations, types of improvements and the estimated costs thereof, is hereby approved and adopted. Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this resolution, together with Exhibit A, with the Washington State Secretary of Transportation and a copy with the Washington State Transportation Improvement Board. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. RES # , PAGE 3 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this - day of ,2001. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\reso\TIP2002 RES # , PAGE 4 TRANSPORTATION IMPROVEMENT PLAN (TIP}- 2002 TO 2007 Map ID" Location 1 SR 99: S 3121h SI. S 3241h SI 2 SR 99: S 3241h SI - S 340lh SI 323rdAveS:S316IhSI-S324IhSI 4 S 3121h SI (¡¡ 141h Ave S 5 S 3361h SI (¡¡ Wevemaeuser Wy S 6 S 2881h SI If/¡ SR 99 7 S 3121h SI If/¡ Sih Ave S 8 SR 509 If/¡ 81h Ave S 9 SR 99: S 284lh SI- SR 509 10 S3481hSI: 9IhAveS-SR99 11 SW 3121h SI: 1s1 Ave S - SR 509 12 S320lhSI/1I)1slAveS 13 S356lhSI: IsIAveS-SR99 14 S 320lh SI: 81h Ave S - SR 99 15 SR 1S (¡¡ SR 161 18 S3361hSI(¡¡91hAveS 17 S 272nd SI /11) 1-5 18 10lh Ave SW 1 SW 3441h SI: SW Campus Dr - 21s1 Ave SW 19 S 3481hSI (¡¡ IslAve S 20 S3361hSlIf/¡ 1slWvS 21 21s1 Ave SW: SW 356lh Sf--22nd Ave SW 22 S 320lh SI /11) 20lh Ave S 231sIAveS:S320IhSI-S330IhSt 24 S3361hSI: 18IhAveS-I-5 25 S3121hSI/1I)1-5 26 1.5 (¡¡ SR 18 Sublolal Capital Projects CAPITAL PROJECTS V.ar 2001 Costa In $ thouaanda 2002 2003 2004 2005 2006 10249 3.100 9.300 Description 2001 -e95 900 8.500 Add HOY lanes. inslall raised median Add HOV lanes. ieft-Ium lanes on 324th. 2nd NB left-Ium lane (¡¡ 3361h. Inslall raised median Widen 10 5 lanes. add left-tum lanes on 320th. new signals (¡¡ 3161h. 3171h. and 322nd Inslall s"'nal Inslall roundabout Add left-Ium lanes on S 288th St (¡¡ SR 99 and 181h Ave S. Interconnect to Military Rd Install slonal Add leMum lanes EB. we. Install s"'nal --- Add HOV lanes. 2nd SB left-tum lane (¡¡ 2881h. Install raised median. signal (¡¡ SR 509 (¡¡ Redon<to Wy_ii with Interconnect 10 11th PI S Add HOV lanes. 2nd NB left-tum lane on SR 99. Install raised median. underoround utilltl"s Widen 10 3 lanes. bike lanes. sidewalks. street IIohts Add 2nd NB. WB left-Ium lanes. WB riQht-tum lanes. widen 1st Ave S to 5 lanes to 316th Widen 10 5 lanes. bike lanes. sidewalks. illumination Add HOV lanes. Install raised median. underground uillities. illumination --- Add EB. WB ~oht-Ium lanes. 3rd WB left-Ium lane. add 3rd lane on SR 181 SB 10 352nd Signal modifications Widen under ~5 10 provide 2nd EB IeMum lane. WB riQhl-lum lane Extend 3-lane collect""'. sidewalks. streel lights Add we. SB ~oht-tum lanes. 2nd EB. WB left-Ium lanes Add WB ~ohHum lane. signal modifications. "xlen<U!i! left-tum lane Extend 2-lane collector. signal modifications Add 2nd left-tum lanes EB. WB Install raised median. im""",e access al 326th -- Widen to 3 lanes. bike lanes. sidewalks. slreel IIohls. SB left-tum lane and siona' (¡¡ 20lh Desion Sludy to construct new inlerchanoe. extend 312th SI from 28th Ave S 10 Military Rd ii Design SludY to resolve capacity and safety Issues In 1-5/ SR 1S1 SR 161 '"T~anole' 125 250 35 36i 180 524 1.475 195 .i.lli. 2.098 1.390 983 !.§QQ. 1.000 .1.QQQ. 1.010 4.103 750 4~ 819 1QQQ. 3.335 1QQQ. 1.000 5,702 380 .!..ill. 420 750 'iT5a 200 346 1.ÕÔÕ 1.382 500 350 16,073 [10,623 15,792 17.319 10.871 11.071 Map NON-MOTORIZEO CAPITAL PROJECTS V.ar 2001 Coal8 In $ thouaanda ID Location Descrletlon 2000 2001 2002 2003 2004' 2005 2006 Tol8l 27 1sIAveS:S356thSt-S361sIPI Widen west shoulder 132 132 28 S 314th SI: 20lh Ave S - 23rd Ave S Install sidewalks streel IIohts sional (¡¡ 23rd 60 340 400 29 We""maeuser WV S: S 323rd SI - S 3361h PI Pave shoude", 653 853 Sublotal Non-Motorlzod Ca 1181 PrOlects 0 0 192 340 0 653 0 1185 TOTAL CAPITAL PROJECT costs 11,071 10.6151 11,211 15;792 17,972 16,073 Projecls identified in 1995 StreeVTraffic Bond Issue. These projects were selected 10 address safely and congeslion in various parts of the City for a tola' of $7.5 million. Oelele rrom the TIP to derive Arte~al Streellmprovement Plan (ASIP) ... Map 10 number does not correlale to any priority ranking of projects k:ltrafficltip_Clpl2oo21t1p02.xls DRAFT 10 July 2001 2007 Total 1'i:i« 1~ ~ 180 649 1.725 23õ 3ãã Wl. ~ ~ ~ MQ§. ~ ~ 100 !!.ill 1m .1Æ!Q. 420 75õ 1lli. 1m 1.200 500 350 ;¡m 5.000 4.571 100 6,m 18;572 18,572 99,505 .+. . PugetSound . . . . . . CITY OF FEDERAL WAY DRAFT TRANSPORTATION IMPROVEMENT PLAN 2002-2007 Legend /,/ City Umits . . .. Potential Annexation Area œ MaplD Intersection Improvement Corridor Improvement Non-motorized Corridor Improvement . - SCALE - 1 Inch equals 6,800 Feet .:¡:~ ~~ Map printed July 2001 $MArattlcJlpO1.aml Transportation TIP/CIP Prioritization Criteria Each project is rated on a scale of zero to five (five being best) on the following criteria: Concurrency Requirement: If the project is needed now to maintain the level of service standards adopted in the Comprehensive Plan, five points. If needed within six years (coITesponding to the Transportation Improvement Program requirements), four points. If needed within 20 years (coITesponding to the Capital Improvement Plan horizon), three points. Level of Service Improvement: If a conCUITency requirement, same score as Concurrency. Otherwise, estimated number of levels of service improvement. For example, improvement from D to C, 1 point; E to C, 2 points. Safety Improvement: If the project would improve the transportation safety at a high collision location or corridor, points are assigned based on the existing collision experience. ~~,;27:~"?Tl F'-'_..:'~~rT;;F;~'~;"./:~ ('""".,,""~~;"");(-~7I"~Æ"'-;727','.' .,,".:,',y:"l :"W-~l}*)'/, ..;.J!.~~~~~~~.r~U~t~';i..\~f,.}nf';' ,'.,/ ,...."(,:.\i¡m¡l<JFs:,tIJf:n,,;,,,V<JJtY' ".""".:" "ii" ,""'," """,, ;",~,;<,:;-".~"',A'<'""",ý';';'-.:";.,,..,,/:,.''.,-.,. ...,.."'>.;:-h;',,-C',-,,,-,','., ':'i.~.L,:".i.:.J L.._.c~ J:~:!,.~~~~@æ.~~~~1t~,¡J ['c"':"'" i.c, :,. ';.~~f£ci:Þ~~;;~t~::.:~:'l}!':~~[~L~:1~~~!;;!c!1lt;1J~,.;..",'..-,' 0 0 - 0.50 0 - 1.0 1 0.50 - 1.00 1.0 - 2.5 2 1.00 - 1.50 2.5 - 5.0 , 3 1.50 - 2.00 5.0 - 10.0 4 2.00 - 2.50 10.0 - 25.0 5 >2.50 >25.0 HOV Supportive: Projects that add HOV lanes, 5 points; projects that reduce delays for transit, 1 point per LOS improvement for transit vehicle movements. Non-motorized Supportive: One point for each side of the street that sidewalks are added; I point each for each side of the street that bike lanes are added; 1 point for improving pedestrian opportunities for crossing major streets. Community Support: Subjective detennination based on citizen complaints and estimate of impacts of project. Air Quality: Same as LOS Improvement. Ease of Implementation: Subjective deternúnation based on project complexity, competitiveness for grant applications, political opposition, environmental impacts, etc. Benefit/Cost Ratio: Sliding scale based on the subtotal of points from all other criteria divided by estimated cost of the project. The best ratio is derIDed as five points, the worst zero points, and all other projects are interpolated. K:\TRAFFIOTIP - ClP\RANKING.DOC 23Apr99 MEETING DATE: July 17,2001 ITEM# JZLc(ti) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: International District Park / School District Easement and Project Management Contract "'-"""---... ."'."'.-........."'--."'-'" CATEGORY: BUDGET IMPACT: 0 0 ~ CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING ¡ OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $203809.00 $114674.00 $0.00 A TT ACHMENTS: I) Staff report; 2) Draft easement for the Federal Way School District parcel; and 3) Draft project management agreement with the Chamber of Commerce. SUMMARYIBACKGROUND: The City Council must determine whether to accept easements granting the City and Chamber of Commerce the rights necessary to construct the International District pocket park, and whether to release $25,000 in salary savings to be used for project management. Both actions are necessary for the project to move forward. Please see the attached staff report, which discusses the project in extensive detail. . ............................. -................... .............................. ..-.. ........... ............................................ ....... ..-. ....................................... ........ ............................... ........................... ....... ..................-........-...............---. ......-- -..................... ..................... _...... ..........-...... ..............-.-........... ............. .......... .........................................-- ........ Lü Y COUNCIL COMMITTEE RECOMMENDATION: Per the Economic Development Oversight Committee's direction on April 25, 2001, these issues are being sent directly to the City Council and bypassing the committee process. Three Council members participate in the Oversight Committee. (City Council Rule 3.2 states any two members may place an item on a Council agenda.) ........................................ ..... .......... ..... ......................... ................ .-.......... ..... .... ....... ........................... ...... ................... ...................... ..... .-....................-.......... .--...-..-....-.... --. -..................................-...... "'...."""...."'.............."'-...."'......".....-"'..."'.-........ .................... ................................ ...... .....- ......-............ PROPOSED MOTION: Option One: "Move to direct and authorize the City Manager to a) work with the Federal Way Chamber of Commerce to close out the unused portion of the 1999 CDBG Pathways grant and provide for its reallocation by the City Council in the 2002 CDBG allocation process, b) accept an easement from the Federal Way School District in form and content acceptable to the City Attorney granting the rights necessary to construct the International District pocket park, and c) enter into a contract with the Federal Way Chamber of Commerce until December 31,2002, for the purpose of releasing $25,000 in Economic Development Executive salary savings to be used by the Chamber to procure professional project management services." Option Two: "Move to direct that the City Manager discontinue activities on this project and work with the Federal Way Chamber of Commerce to close out the unused portion of the 1999 CDBG Pathways grant and the full 2000 CDBG Pocket Park grant, and provide for their reallocation by the City Council in the 2002 CDBG allocation process; and authorize the City Manager to reimburse the Chamber for all project management costs incurred to-date ($8,161 +), as well as reimburse the federal government for all pathway design costs incurred to-date ($13,148), using Economic Development Executive salary savings." ~~~~;~:.~... ... ....._.~..._..._--- -."'-... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 iß~ ~~ FlY' DATE: TO: July 10, 2001 City Council David Mos.anager Derek Matheson, Assistant City Manage~ International District: Easements and Project Management Contract VIA: FROM: SUBJECT: ISSUE The City Council must determine whether to accept easements granting the City and Chamber of Commerce the rights necessary to construct an International District pocket park, and whether to release $25,000 in contract salary savings to be used for project management. Both actions are necessary for the project to move forward. Per the Economic Development Oversight Committee's direction on April 25, 2001, these issues are being sent directly to the City Council and bypassing the committee process. Three Council members participate in the Oversight Committee. (City Council Rule 3.2 states any two members may place an item on a Council agenda.) Feel free to contact David Moseley (661-4013) or Derek Matheson (661-4671) with any questions. BACKGROUND Project Purpose The project's purpose is to revitalize an area east of Pacific Highway South between South 312th Street to the north and South 316th Street to the south by creating an "International District". According to the Chamber of Commerce's application materials, the project is designed to "revitalize a dilapidated neighborhood business district" by creating a distinct district envisioned by the City's comprehensive plan. Grant Award In late 1998, the Federal Way Chamber of Commerce applied for and received $99,283 in 1999 Community Development Block Grant (CDBG) funds to construct a system of pedestrian improvements in the International District. Following the City Council's February 1999 establishment of a 15% economic development set-aside in the CDBG Memorandum to City Council International District Easements and Project Management Contract July 10, 2001 Page 2 guidelines, the Chamber applied for and received an additional $74,526 in 2000 CDBG funds to enhance the pedestrian improvements with a pocket park. Per CDBG regulations, the Chamber must expend the $173,809 total by the end of 2001. However, the City may apply to the King County CDBG consortium for an extension of the grant into 2002, though an extension is by no means automatic. Project Status Location History The Chamber and Oversight Committee have considered, in all, four possible configurations for the pathways and park project. The original locations for the project were to be a parcel south of Dana Plaza owned by Ilene Marckx and, after her death and estate probate negated that location, the Dana Plaza area itself. Faced with an inability to secure easements from Dana Plaza and the School District, the Chamber looked at locations north of those sites consisting of three parcels - the Akasaka Restaurant parcel owned by Chong Nam Yi, the vacant parcel behind (east of) Akasaka that is also owned by Mr. Yi, and another parcel behind the vacant parcel that is owned by the School District. Preliminary Design The current design includes a pocket park only. The Oversight Committee decided to not proceed with the pathways concept due to uncertainties in securing an easement from Mr. Yi for the pathways. Therefore, the Chamber would return the $99,283 pathways grant (minus expenditures already made - see "Expenditures to Date" below) to the City for reallocation, and only the $74,526 park grant would be available.1 To date, ESM Consulting Engineers, the landscape architect, has completed a preliminary design of the pocket park. The design shows a raised stage, steps/ seating, bollard lighting, and other features. Final project design is on hold pending City Council approval of the easements. The project is being designed to conform to the available budget. The city's Parks Maintenance Division projects annual maintenance costs at roughly $2,000 per year. 1 Any action to return a CDBG grant requires the publication of a legal notice in the City's official newspaper offering the public a 14-day comment period. Memorandum to City Council International District Easements and Project Management Contract July 10, 2001 Page 3 Artwork The original pathways design called for placement of artwork at the intersection of the pedestrian pathway and Pacific Highway South. Although the pathways concept has been abandoned, it still may be possible to include artwork in the park itself. In 1999, the Chamber applied for a $2,500 Neighborhood Matching Fund grant from the City, which was matched with a $2,500 contribution from the Franciscan Foundation. Staff is currently checking whether the Franciscan Foundation is still committed to its $2,500 contribution. Should the grant and match still be available, plans call for any artwork to be largely funded from this $5,000 source, rather than relying primarily on the CDBG grant. Timeline A staff group (Derek Matheson, Delores Shull, Bob Scholes, Leanne Kuhlman, and Ann Guenther) met in early June and developed a timeline requested by the Oversight Committee. The group determined that the project should be phased such that design and permitting occurs in 2001 and construction in early 2002. Phasing the project is necessary due to the potentially lengthy design and permitting process, as well as the uncertainly associated with extending the pocket park grant into 2002. (That is to say, if the Chamber successfully began construction in 2001 and was unable to complete the project, a denial of a grant extension request would leave the project half complete. Under the phased concept, denial of an extension would halt the project in its design phase, rather than its construction phase.) Financial Summary Project Budget Sources: 1999 CDBG Pathway Grant: 2000 CDBG Park Grant: Economic Development Executive Salary Savings: Neighborhood Matching Fund: Franciscan Foundation: Total Sources: $99,283 $74,526 $25,000 $2,500 $2,500 $203,809 Uses: Pathway Design (expended prior to abandonment of pathway concept): Park Design and Construction: $13,148 $74,526 Memorandum to City Council . International District Easements and Project Management Contract July 10, 2001 Page 4 Artwork: Project Management: Total Uses: $5,000 $25,000 $117,674 Surplus: 1999 CDBG Pathway Grant (unexpended portion to be returned to City): Total Surplus: $86,135 $86,135 Expenditures to Date On June 21, 1999, the City entered into a professional services agreement with ESM Consulting Engineers to release CDBG funds for conceptual design and final construction drawings for the pathways, following the required Request for Qualifications (RFQ) process. The contract set a maximum fee of $13,225. To date, the City has released $13,148. Per federal regulations, the $13,148 will must be reimbursed, as the pathways project will not go forward. This reimbursement could come out of the Economic Development Executive salary savings discussed below. However, staff would research whether there are possible alternatives to cash reimbursement prior to releasing any funds. In addition, the Chamber has incurred $8,161 in project management costs. These costs cannot be paid out of CDBG funds, and would be paid out of $25,000 in Economic Development Director salary savings, as the Economic Development Executive would have served as project manager. (See "Project Management Contract" below.) Thus the total amount currently obligated by the city is $21,309. Easement Documents Constructing the pocket park on School District property requires an easement from the School District for the pocket park. The School District's Board of Directors approved the park plan conceptually and is set to formally approve the easement on July 16, 2001. Under the easement's terms, the School District grants the City a permanent park and parking easement, and gives the city the right to construct improvements and conduct normal park activities within the easement area. The District maintains the future right to relocate the easement to another portion of the property. The City has also expressed a willingness to add language requested by the District providing for standard mutual indemnification and setting a maintenance standard consistent with that at other city parks. Memorandum to City Council International District Easements and Project Management Contract July 10, 2001 Page 5 Project Management Contract The attached project management contract with the Chamber is essentially an extension to the 1997 Downtown Revitalization Program contract that provided funding for the Economic Development Executive and lapsed on December 31, 2000. The new agreement, first drafted last September, deletes all provisions of the original contract except for the Economic Development Oversight Committee and other boilerplate material. New provisions specify in detail the Chamber's responsibilities to design and construct the project, as well as transfer $25,000 to the Chamber so it can enter into a contract for professional project management services. The second agreement's term is through December 31, 2002. RECOMMENDATION On May 23, 2001, the Oversight Committee recommended that the City Council direct and authorize the City Manager to a) accept an easement from the Federal Way School District granting the rights necessary to construct the International District pocket park, and b) extend the lapsed 1997 Downtown Revitalization Program Agreement with the Federal Way Chamber of Commerce until December 31, 2002, for the purpose of releasing $25,000 in Economic Development Executive salary savings to be used by the Chamber to procure professional project management services. OPTIONS Option One Move to direct and authorize the City Manager to a) work with the Federal Way Chamber of Commerce to close out the unused portion of the 1999 CDBG Pathways grant and provide for its reallocation by the City Council in the 2002 CDBG allocation process, b) accept an easement from the Federal Way School District in form and content acceptable to the City Attorney granting the rights necessary to construct the International District pocket park, and c) enter into a contract with the Federal Way Chamber of Commerce until December 31, 2002, for the purpose of releasing $25,000 in Economic Development Executive salary savings to be used by the Chamber to procure professional project management services. Option Two Move to direct that the City Manager discontinue activities on this project and work with the Federal Way Chamber of Commerce to close out the unused portion of the 1999 CDBG Memorandum to City Council International District: Easements and Project Management Contract July 10, 2001 Page 6 Pathways grant and the full 2000 CDBG Pocket Park grant, and provide for their reallocation by the City Council in the 2002 CDBG allocation process; and authorize the City Manager to reimburse the Chamber for all project management costs incurred to-date ($8,161 +), as well as reimburse the federal government for all pathway design costs incurred to-date ($13,148), using Economic Development Executive salary savings. DRAFT 7(¡ò(o( Return Address: City of Federal Way Attn: Law Dept. PO Box 9718 Federal Way, WA 98063-9718 PERMANENT BEA UTIFICA TION AND PARK EASEMENT Grantor(s): Federal Way School District Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): Lot 6 Boundary Line Adjustment No. BLA 97-0008, City of Federal Way, King County Recording No. 9801089005. Legal Description on attached Exhibit A Easement Legal Description (abbreviated): Portion of Lot 6 Boundary Line Adjustment No. BLA 97-0008, City of Federal Way, King County Recording No. 9801089005. Legal Description on attached Exhibit B and Exhibit C. Additional Legal Description on Exhibit D. Assessor's Tax Parcel ID#(s): 0921049233 RECITALS A. The Federal Way School District ("Grantor") is the owner of certain real property ("the Property") located in Federal Way, Washington, and legally described in Exhibit "A" attached hereto and incorporated herein by reference. B. The City of Federal Way, a Washington municipal corporation ("Grantee"), desires to construct park and beautification improvements, including street trees, landscaping, decorative sidewalks, benches, a stage and artwork such as statutes and decorative additions to streetlights, in the City of Federal Way International District. C. The improvements are intended to enhance the identity of the area as an international district for the City of Federal Way. In sole consideration for the aesthetic, economic and cultural benefits of the improvements, the Grantor agrees to convey the subject easement under the following terms and conditions: EASEMENT AGREEMENT 1. Grant of Easement. Grantor grants to the Grantee a perpetual, non-exclusive, permanent beautification, park, parking area and access easement ("Easement") under, across and over that portion of the Property legally described in Exhibits "B" and "c" attached hereto and incorporated herein by reference. Said Easement shall constitute a portion of a public park and access thereto, as generally depicted in the site plan entitled "International Park Landscaping Plan", dated December 6, 2000 and filed in the City of Federal Way Community Development 1 Department, File No. ("Site Plan"). Said Easement shall be for the improvement, beautification and use by the public and the Grantee for a park as part of the Federal Way International District. As a park, the Grantee and the general public shall have the right to use the Easement for park purposes, including but not limited to sitting, walking, live music or speech performances, recreational activities and/or other activities typically undertaken in city parks. Grantee shall have the right to construct beautification and park improvements as generally depicted in the highlighted portion of the Site Plan. In order to construct these improvements, Grantee and its agents, designees and/or assigns shall have the right, with prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon, over or under the Easement to inspect, construct, reconstruct, modify, operate, maintain, repair, and/or replace decorative sidewalks (or portions thereof), landscaping, street trees, landscape lighting, street lights, artwork and any other improvements related to the enhancement of the area as an international district. Following the initial construction of the improvements, the Grantee may from time to time construct such additional complementary improvements as it may require so long as. such improvements serve the purpose of enhancing the area as an international district. The Grantee shall use diligent efforts to complete all work within a reasonable period oftime after commencing such work. 2. Relocation of Easement. At any time after the execution of this Easement, the Grantor may request permission from the Grantee to relocate the Easement anywhere within the properties subject to this Easement. The boundaries of the properties subject to this Easement shall be those in existence on the date of execution of this Easement. The Grantor shall acquire written permission from the Grantee prior to relocation, which shall not be unreasonably withheld. The relocated easement shall be of the same size and have the capacity to accommodate the same improvements and uses as the easement legally described in Exhibits "B" and "C" of this Agreement. The relocated easement shall connect the public plaza depicted in the Site Plan to Pacific Highway South. The Grantee shall have sole authority over the relocation and reinstallation of the improvements constructed pursuant to this Agreement. The Grantor shall bear all the expenses necessitated by the relocation and reconstruction, including design, bidding and legal costs to the extent necessary to provide for landscaping and improvements ofthe same quality and quantity as those that exist in the easement of this Agreement at the time of relocation. The Grantor shall also be fully responsible for acquiring all necessary conveyances for the relocated easement. Prior to incurring any expenses related to relocation, the Grantee shall provide the Grantor with a reasonable estimate of the total costs the Grantee will incur in the relocation. Grantee shall have no obligation to commence relocation activities until the Grantor pays Grantee the estimated cost of the relocation. Upon completion of the construction, Grantee shall submit an invoice of actual costs to the Grantor and the parties shall exchange funds as necessary to ensure payment by Grantor to Grantee of actual costs. Grantor shall be solely responsible for coordinating relocation with other parties that have an underlying property interest in the property depicted in the Site Plan to ensure that the relocated easement complies with the terms of this paragraph. 3. Use. This Easement shall be non-exclusive and shall be open to the Grantee, the Grantors and the general public. The Grantors shall acquire written permission from the Grantee prior to engaging in any construction activity in the easement and prior to excluding any member of the public from accessing the easement. Grantor shall not perform digging, tunneling or any other form of construction activity on the Property, which would disturb the compaction of or damage any improvements within the Easement, and no blasting shall be done within fifteen (I5) feet of the Easement. Grantor shall not prune, trim, limb or remove any of the trees within the Easement, without advance written authorization of Grantee. Grantors shall otherwise be allowed to use the easement to the extent that such use does not materially interfere with the rights and privileges granted to the grantee and the general public herein. 4. Successors and Assigns. The rights and obligations described herein shall run with the land, shall inure to the benefit of the Grantor and Grantee, and shall be binding upon their respective successors, heirs and assigns. 5. Extinguishment. Nothing in this Agreement shall be construed as obligating Federal Way to construct the improvements identified in the Site Plan. If Federal Way does not commence construction of the improvements identified in the Site Plan within two years of the date of this easement, Federal Way shall agree to extinguish this easement upon the request of all the underlying property owners. 2 DA TED THIS - day of GRANTOR: By: ,2001. (signature) (typed/printed name) (title) GRANTEE CITY OF FEDERAL WAY By: David H. Moseley, City Manager STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this - day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: k :pubwks: international easementschoo I Approved as to Fonn: Bob C. Sterbank, City Attorney STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me , to me known to be the of Federal Way School District, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. Given under my hand and official seal this - day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: 3 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE FEDERAL WAY CHAMBER OF COMMERCE FOR DOWNTOWN REVITILIZA TION PROGRAM DRAFT rl/ð/ð( This Agreement ("Agreement") is dated effective this , and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Federal Way Chamber of Commerce, an IRC 501(c)(6) nonprofit corporation ("Chamber"). The City and the Chamber shall collectively be referred to as the parties. WHEREAS, the parties entered into a professional services agreement effective October 8, 1997, whereby the City and Chamber agreed to jointly implement a Downtown Revitalization Program, which consisted of, including but not limited to, certain streetscape improvements; tourism promotion; and marketing of the City of Federal Way; and WHEREAS, On October 8, 1999 the parties entered into a written amendment of the October 8, 1997 agreement; and WHEREAS, the parties have decided to narrow the scope of work of the October 8, 1997 agreement and October 8, 1999 amendment; and WHEREAS, the scope of work will now be limited to the completion of an International District park with access; and WHEREAS, this limitation of scope results in significant changes to the rest of the October 8, 1997 agreement and its amendment; and WHEREAS, in order to avoid the confusion created by a second amendment, the October 8, 1997 agreement and its amendment should be terminated and replaced with this Agreement; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. First Agreement and Amendment Terminated. The following agreements between the City and the Chamber are hereby terminated: AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE GREATER FEDERAL WAY CHAMBER OF COMMERCE FOR DOWNTOWN REVITILIZATION, dated October 8, 1997, and the FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE GREATER FEDERAL WAY CHAMBER OF COMMERCE FOR DOWNTOWN REVITILIZA TION ("FIRST AMENDMENT"), dated October 8, 1999. 2. Downtown Revitalization Oversight Committee ("Committee"). The Committee as formed under the FIRST AMENDMENT shall continue to meet, except that the Economic Development Executive shall no longer be a member. The Committee membership shall be as set forth in Exhibit A, attached hereto and incorporated by this reference as if set forth in full. The Committee will provide the oversight and general supervision of the project identified in the scope of work in Paragraph 3 of this Agreement. 3. Scope of Work. 3.2 3.1 Project Design. After consultation with the Oversight Committee and affected property owners, the Chamber shall prepare a preliminary design for pedestrian facilities and a pocket park as authorized by a Community Development Block Grant ("CDBG"), City of Federal Way Contract Number AG 99-61, exhibit number C99403. The design should provide for facilities that improve the pedestrian environment of the City's International District through sidewalk and lighting improvements, supplementary landscaping and public art, and a pocket park that can be used for park pmposes, including sitting, walking, live music or speech performances, recreational activities and/or other activities typically undertaken in public parks. The "International District", for pmposes of this Agreement, is defined as that area bounded by Pacific Hitway S., S. 3lih St., S. 316th St. and a southern extension of 18t Ave. S. The location and preliminary design of the project shall be subject to approval of the Committee. Project Management. Upon approval of the location and preliminary design as specified in Paragraph 3.1 herein, Chamber agrees to enter into a contract with a professional landscape architecture firm, subject to approval of the Committee. The contract shall require all project management responsibilities necessary to complete the project, including, but not limited to, community involvement, design, property/easement acquisition, project approvals, construction management, artwork, etc. pursuant to the more detailed scope of work attached as Exhibit B, incorporated by this reference as if set forth in full. The landscape architect firm shall serve as "Project Manager" for purposes of Exhibit B. City agrees to provide staff support and coordination, using currently available staff resources. 4. Term. This Agreement shall take effect immediately upon execution and shall continue until the completion of the scope of work, but in any event no later than December 31,2002. If upon expiration of the Term, the parties agree to extend the Term, this Agreement may be extended for additional periods of time upon the mutual written agreement of the parties. Either party may withdraw fTom this Agreement and may be discharged from its obligations hereunder upon (30) days written notice to the other party. The Chamber may extend this Agreement in three-month increments if CDBG 2 grant regulations permit and the Chamber has sufficient funding for any project management services necessary for the extended period. 5. Compensation. The City agrees to reimburse the Chamber for up to $25,000 in project management services rendered by the Project Manager identified in Paragraph 3 herein. The Chamber shall not be responsible for any amounts exceeding the $25,000 for project management services unless otherwise agreed by the Chamber and the City. The Chamber shall include a $25,000 limit in its Agreement with the Project Manager. The $25,000 identified herein shall not be applied to project design or construction. Any amounts needed in excess of $25,000 for project management services shall be subject to the prior mutual agreement of the Chamber and City, including how such excess costs are to be apportioned. 6. Compliance with Laws. Each party accepts responsibility for compliance with federal, state, or local laws and regulations. 7. Indemnification. 7.1 7.2 Chamber Indemnification. The Chamber agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement or connected with any of the employment agreements contemplated by this Agreement to the extent caused by the negligent acts, errors or omissions of the chamber, its employees, or agents. City Indemnification. The City agrees to indemnify and hold the Chamber, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its employees or agents. 8. Non-Discrimination. In all contractor services, programs or activities, and all hiring and employment made possible by or resulting from this Agreement, the Chamber shall abide by all federal, state, and local laws prohibiting discrimination. 9. Books and Records. The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the City during the term of this contract and three (3) years after termination. 3 10. Miscellaneous Provisions. 10.1 Amendment. The Agreement may be amended at any time by mutual written agreement of the authorized representatives of the parties. 10.2 Entire Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. 10.3 Legal Action. In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated in King County, Washington and the parties shall each pay their own legal fees and costs. 10.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 10.5 Limitation of Obligation. Neither the execution of this Agreement nor any payments made hereunder shall obligate the City to undertake any additional work except as may be authorized pursuant to this Agreement and/or agreed to in a written supplement related to this Agreement. Dated the day and year first written. CITY OF FEDERAL WAY ATTEST By: David H. Moseley, City Manager P.O. Box 9718 Federal Way, Wa. 98063-9718 City Clerk, N. Christine Green, CMC FEDERAL WAY CHAMBER OF COMMERECE APPROVED AS TO FORM: By: Delores Shull, President P.O. Box 3440 Federal Way, Wa. 98063-3440 K: \agreement\chamberagreemen t 4 . . EXHIBIT A POLICY OVERSIGHT COMMITTEE, (MEETS EVERY MONTH OR AS NEEDED). Members: . City Manager . Mayor ** . Council FEDRAC Chair . Chamber President . Chamber Board Chainnan ** .Working Committee will staff and attend these meetings ** Full Council (via Committee)/Chamber board on applicable policy issues Key Roles & Responsibilities: . To provide overall workplan direction and to review/approve workplan adjustment K: \agreemen t\po Ii cy oeversi ghtcom. exh EXHIBIT B INTERNATIONAL DISTRICT PEDESTRIAN FACILITY AND POCKET PARK IMPROVEMENT PROJECT Scope of Work Project Completion Date December 31,2002 Responsibilities of Project Manager Task A. Collection of project approvals: The Project Manager will obtain approvals from any and all applicable local, county and federal regulatory agencies with assistance of City staff as necessary. Al. A2. A3. Task B. Oversee conceptual, pre-design, and construction drawings for project These items managed under existing separate contract between the Ci(y of Federal W Ð' and ESM Consulting Engineers Coordinate local pennitting processes for land use, construction, SEP A Federal Environmental Review Requirements: National Environmental Protection Act (NEP A), including Endangered Species Act (ESA) Management and oversight of any and all bid processes for design, art and construction services for the project: The Project Manager will confer with the CDBG Coordinator and other City staff (as appropriate) before initiating any design or construction bid processes or before entering any agreements with sub-contractors when CDBG funds are intended to be used as payment for services rendered. Bl. B2. Manage public art contract and oversee integration of art installation during construction phase Coordinate all construction bid processes and other procurement actions using City / federal procurement procedures. Federal W Ð' Procurement Procedures Manual Code of Federal Regulations (24 CFR 84) and OMB Circular A-ttO B3. Ensure contractor compliance with and report progress toward meeting: Davis-Bacon Act - prevailing wage provisions Equal Emplqyment Opportuniry Copeland Anti-Kickback Act Contract Work Hours and Saftry Standards Act fuquirements of Construction Contracts Coordinate insurance, performance bond and retainage requirements. B4. Task C. Coordination of invoice processing and payment: The Project Manager will provide invoices and proof of incurred costs for allowable project expenses to the Chamber of Commerce for costs that are due and reimbursable to the project sub-contractors for funds administered by the Project Manager, at a minimum no later than ten (10) days after the date of each invoice that is due and payable. After processing invoices, the Chamber of Commerce will subnút a request for reimbursement to the City of Federal Way, CDBG Coordinator, no later than ten (10) days after their receipt of invoices &om the Project Manager. TaskD. Facilitation of community involvement and oversight: The Project Manager will act as liaison to the Econonúc Development Oversight Committee and local business commuruty. D1. D2. Provide monthly progress reports and reimbursement requests to City Provide monthly outreach and infonnation to neighborhood property and business owners Responsibilities of the City of Federal Way A. Monitoring Chamber project management B. Processing reimbursement requests from Project Manager C. Obtaining CDBG grant reimbursement from King County D. Overall project record keeping (collecting documents &om Project Manager at close-out) Bid documents, monthlY progress reports and reimbursement requests, Davis-Bacon compliance reports, Environmental Review documents, local land use building permits (as necessary) K: \ agreement \policyoversightcom.exhB MEETING DATE: 07/17101 ITEM# ~ÚJ ------ ----------------------------------------------------------------------- -------_m______------------------------- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Field House Feasibility Study Proposal CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION [8J CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $30000.00 $ - -- ----------------------------------------------------------------------------------------------- ------------------------------------ ATTACHMENTS: Lodging Tax Committee recommendation; Memo from former Mayor Skip Priest dated 5/22/01. SUMMARY/BACKGROUND: After the conclusion of the Hunter Study last year, a number of discussions and inquires have occurred regarding the various recommendations of the Study and what would be the next logical steps to take. The L T AC committee reviewed and concurr with the suggestion made by the previous Mayor Skip Priest and agree that a more focused study for a multi purpose fieldhouse should be an appropiate next step. The preliminary information indicates the cost range for such a study will be between $20,000 and $30,000 ($15,000- )00 for demand analysis and the balance for financial Performa analysis); which could be funded by the Lodging Tax. ------------------------------------------------------------ - ---------------------------------------------------------------------------------------------------------------- ----- ------------------------------------- CITY COUNCIL COMMITTEE RECOMMENDATION: Recommend City Council allocates up to $30,000 from the Lodging Tax Fund for a demand analysis of a multi-purpose field house. -------------------------------------------------------- - --------------------------------------------------------------------------------------------------------- ---- - ------------------------------ PROPOSED MOTION: I move approval of the allocation of up to $30,000 from the Lodging Tax Fund for a demand analysis of a multi-purpose field house. ~~~~~~~~;- -- ~------------ --- -- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # JED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Subject: June 22, 2001 Lodging Tax Adv!~mittee David H. Mosele~tY' M~rtager Iwen Wang, Management Services Director Field House Feasibility Study Proposal :JC¡J Date: To: Via: From: Background: After the conclusion of the Hunter Study last year, a number of discussions and inquires have occurred regarding the various recommendations of the Study and what would be the next logical steps to take. Attached is a memo from fonner Mayor Skip Priest examining the field house recommendation in the City of Federal Way. His analysis suggests the local demand ofthe facility is unclear at this time and the "build it and they will come philosophy has not been tested nor is it recommended". He also cautioned the facility may potentially dilute the existing market rather than generating a new market. The next step, suggested by the analysis, is to perfonn a more specific and targeted demand analysis for such a facility. The cost range for such a focused study wiH be between $20,000 and $30,000 ($15,000- $20,000 for demand analysis and the balance for financial Perfonna analysis); it would be a legitimate and logical expenditure for the Lodging Tax. Committee Discussion/Action Needed: 1. Is feasibility the next step or a City initiated RFP as recommended by the Hunter Study. 2. If a feasibility study is the next step, is the committee approving the allocation of necessary Lodging Tax for the study. Committee Motion: Recommend City Council allocates $30,000 from the Lodging Tax Fund for a demand analysis of a multi-purpose /\ field house. \.4'1""0 APPROV AL BY COMMITTEE: ~~~~~f)f)~ ,"'Committee Member ~ J Committee Member Com ¡!tee Member Cormnittee Member k:\fmance\ltac\200 I \fieldhouse,doc g-\ pO' Priest Co. Inc. Memo To: Dean, Scott, David, Michael, Shawn From: Skip Priest Date: 5/2212001 Background Information-Federal Way field house Re: As promised, the following memo provides some background information that, hopefully, will prove helpful in the discussion about the development of a possible field house for Federal Way. \.. Historv. In 1996, the city participated in the Mayor's Institute of Design. The focus of this group was to review the city's downtown' design plans and suggest some practical principles to guide capital investment decisions (see attachment A). Frankly, the design team was shocked at the enormity of the task of developing an attractive downtown core. Nevertheless, a number of guidelines for city investment emerged including: (1) the importance of creating and enhancing through investment a city identity, (2) the requirement that public investment decisions address more than one aspect of the city's quality of life goals-i.e. recreation and economic development, and that (3) the investment decisions promote a city vision or identity that reflects the reality of the marketplace. To some extent, these guidelines helped provide an after the fact justification for the decision to proceed with Celebration Park. The Park development addressed an important quality of life facet of our community-recreational activities for our citizens, particularly our youth, as well as the opportunity to bring in additional dollars to our retail core through toumaments and other events. The project also significantly reinforced a trend occurring in Federal Way that the city was becoming a primary locus for amateur athletic events. Four years later, the City reexamined downtown redevelopment issues through a "Facility Feasibility Study and Tourism Development Plan" by Hunter Interests (see attachment B). The study concluded, among other suggestions, that the Ci.ty should strongly consider pursuing the development of a multi- use sports complex (see pages 21-27). This facility, which might include a field house, Paradome-like facilities, and leaming center, would likely range in cost from $14 million to $40 million and require four to nine acres, depending on the inclusion of outdoor space for additional activities. As a primary rationale for its conclusions, the study reaffirmed the importance of Celebration Park and Aquatic Center sports events on the local economy and also Federal Way',; growing recreational sports niche. í3-J Field house/Athletic Facility Concepts. There are a number of field house examples from around the country. None appear to provide the perfect template for Federal Way. Most consultants and athletic officials surveyed agreed that the facility should be 50,000 to 100,000 square ~eet. and be flexible enough to handle a variety of sports such as basketball, indoor soccer, rock..dtmblng, etc. Seating recommendations range from 500 to 2700. All felt that a market study was needed to more accurately identify potential demand. Projected costs range from $2 million to $35 million. These costs are driven more by what is in the shell rather than the shell itself. For example, one new removable basketball court may cost $600,000 alone. Given that many of the experts suggested a minimum of 6 usable courts in the facility, it is easy to see how a field house can become pricey quickly. Parking is. of course, a major concem and depends on code requirements and to some extent on ancillary parking availability. The Aquatic Center, which is a similar size facility, has 400 on-site stalls and an additional 400 at the National League baseball fields. The following examples provide some insight into possible designs for the proposed field house. Disney's Wide World of Sports Complex (see attachment C). TIed closely to Disney World in Or1ando, this $100 million facility is closely affiliated to the AAU and is home to many of the AAU's national toumaments. It exemplifies the potential positive economic impact on a local economy and the possibility of cross marketing with a local amusement park-in Federal Way's case-Six Flags. It also exemplifies over the top spending that guarantees a facility will be unprofitable. Joe Dumar's Field House (see attachment 0).. located near Detroit, Michigan, this 100,000 square foot facility attracts over 600,000 users a year. It is a combination athletic facility and amusement park. Extremely flexible in design, it features basketball, volleyball, roller hockey, and climbing. This facility is the facility most often mentioned by athletic officials as a successful and user- friendly field house. ( The Family Sportsplex-Belleville, Illinois (see attachment E). The Family Sportsplex represents a "modesf $1.8 million foray into the athletic facility wor1d. It features many of the sports that would be of interest to Federal Way including indoor soccer, basketball, and volleyball housed in a 60,000 sq.ft.. field house. It also has complimentary outdoor soccer fields similar to those in Celebration Park available for hosting large soccer tournaments. The St Peters Missouri Rec-Plex (see attachment F). The St Peters Rec-Plex is a city- owned $21 million, 124,000 sq. ft.. family and athletic training complex located near the St Peters city hall. As the Hunter study indicates, it is a major boon to local tourism and economic development The addition of a field house would give Federal Way most of the major features of Rec-Plex (Le. swimming, softball, soccer) with the exception of the indoor hockey rink. The Windy City Field House-Chicaqo, Illinois (see attachment G). The Windy City Field House is a multi-sport, team building and entertainment complex featuring numerous sports and fitness activities. While primarily an athletic facility, the field house also has the flexibility to handle private events, such as fundraisers, up to 3500 people. The Hunt9r study concludes that a stand-alone convention center presently is not justified in Federal Way. This type of facility, however, might serve as a bridge to a center at some later time. The Market. The market for a world-class field house facility in Federal Way is undefined. The build it and they will come philosophy ha.j not been t~sted nor is it recc.mmended. Anecdotally, the news is mixed- Celebration Park is a documented success hosting numerous regional and national softball events- In addition, Federal Way is the home of the Washington State Youth Soccer Association. The Association remains actively looking for a home and indoor training. facilities. On the other hand, the AAU is surprisingly weak here on the west side of the mountains. Its primary focus is basketball . Page 2 P,) programs in Yakima. The Federal Way Boys and Girts Club has also expressed concern that a major facility, even in the review stage, would undermine its fundraising efforts to build a new facility near Truman High School. While the focus of any new field house project would have to be directed toward larger events to boost tourism and economic development, the Club is also concerned that a field house might undermine their existing basketball programs. Regionally, schools, public service agencies (i.e. the YMCA and Boys and Girts Club in Federal Way), and companies like Arena Sports have filled the indoor sports niche. Arena Sports, for example, offers comprehensive programs in soccer, in-line hockey, basketball, lacrosse, volleyball, and skating (see attachment H). In addition, a new $10 million ice facility is being built in Kent (see attachment I) which will compete with a rink recently opened in Renton. Closer to home, Seattle based sports figure Mike Giomi has plans for a sports complex in Aubum (see attachment J). Based on recent conversations with him, these plans appear to be somewhat up in the air. He seems interested in shifting his attention to Federal Way given the right circumstances. Location. The location decision is primarily driven by ground cost and facility design and size. The high cost of land in the downtown core likely prohibits the siting of the facility in this area. There are, however, a number of places that might be satisfactory. These include the five acres reserved by the city in Celebration Park, The Truman High School site, sites along the west side of Highway 99 between 324th and 336th, and possibly the 10-12 acre parcel north of 320th on the east side of 1-5. All sites are reasonably accessible and are close enough to the downtown core to provide economic assistance to retailers and hotels. Both the Truman and Celebration Park sites benefit from the availability of existing or proposed ancillary parking. Both also are controlled by local government entities. ( Participation/Next Step. The Hunter study concludes that a private/public partnership between the private sector, the City of Federal Way and possibly the School District will be necessary to successfully develop a Class A field house facility. City participation could indude ground contribution, lease commitments for facility use and/or the establishment of a public facilities district to allow tax exempt financing of the facility. This tax exempt financing would require that the City own the property and that the facility be available for public use. The private partner would then have operating rights for a specific amount of years. A tax-exempt financing approach is not without risk, however, as a number of cities, including Spokane, have seen in several parking garage ventures. The Hunter study also suggests that the City issue a RFQJRFI to determine the level of interest in the private sector and narrow potential facility concepts. Given the lack of clarity of the potential market, this may be premature. An altemative approach might be to commission a market study of possible users and develop a workable pro-forma to see whether the idea deserves further pursuit by the city. Whether run by the city as an enterprise program or in partnership with the private sector, the facility will likely have to pencil to justify Council support or generate interest in the business community. This mart<et analysis and pro-forma, if positive, could then be used as a basis for the RFI to the development community. In approach, it would be very much like the City's downtown planned action SEPA by providing up front clarification and encouragement to the private business community. An example of a company nationally that does this type of amateur sports facility market and financial analysis is Don Schumacher and Associates, Inc. Recommended by Mike Killpack, the AAU's national sports director, Schumacher and Associates have provided background infonnation and a skeletal propos<:.1 that outlines a study in the $20,000-$30,000 range (see attachment K). Should the city decide to proceed with a feasibility analysis, it is suggested that the study be funded all or in part by the lodging tax. This tax is designated to promote downtown visual beautification, cultural and sports activities, and the branding or development of a city ider:1tity. A field house market study . Page 3 Ð - L\ would clear1y fit in this category. A conservative annual base line amount of the city's share of this tax is approximately $110,000. It would be up to the Lodging Tax Advisory Committee at a future meeting to examine priorities and recommend to the Council that sufficient funds be made available for this purpose. Should the Council support the Committee's recommendation, the City could then proceed by RFP to choose a marketing consultant or, in order to avoid potential delay, simply engage a company like Schumacher to do the study. . Page 4 [7, - => MEETING DATE: July 17,2001 ITEM# .J!.f I (~ tQ) -.... .---.....-...-...-...-...- --.-...--...-.....-.....----...- .-- . "'. CITY OF FEDERAL WAY City Council AGENDA BILL ---_... SUBJECT: MISCELLANEOUS CODE AMENDMENTS PHASE II .............-...-......-.........-.....-......---.-.-.....-................................ ...--....-----. CATEGORY: BUDGET IMPACT: 0 CONSENT D RESOLUTION D CITY COUNCIL BUSINESS ~ ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: (1) Draft Ordinance to Approve the Code Amendment; (2) Exhibit A - Proposed Code Amendments (3) Exhibit B - June 26, 2001, Memorandum to the Land Use/Transportation Committee (LUTC) with Exhibit 1 -- Staff Report to the June 20, 2001 Planning Commission Meeting; Exhibit 2 -- Planning Commission Recommendation; and Exhibit 3 -- Draft Ordinance. -.- ..............-. ...-.. ... ... ....-.... .............. .............. ..... ... ...........-- .... ... - --.-......... -.............................----..-- -""""-"'.....-....--.........--.... ...-.-. .--..-...............-.-.-...-..............--.-...- .-.....- ...........-.-...-...-...--......-.....--.--.-.-..-...-.................. - .........-.....-.....- ..........--.......- - -....-.....-..........-... SUMMARYIBACKGROUND: As part of the Year 2001 Planning Commission work program, the Planning Commission has reviewed and recommended approval of code amendments to clarify provisions relating to code interpretations and Process I appeals; clarifications to provisions relating to land use application notices; siting Emergency Preparedness Containers on primary and secondary school sites; clarifications to provisions relating to the senior housing; and siting of Personal Wireless Service Facilities (PWSF). The proposed code amendments would incorporate regulations into Federal Way City Code (FWCC) Chapter 22 and clarify existing code provisions. ........... --.... ..-.... ....... ..... ....-............................................... -....--.....-.---.......---- -.....................-...-............-..........--.-......-..---.-...... -....-............-... - -......----.....--........-...-...-.........---............---...........--...........-- ---.-...-- -..-.- ............. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed text amendments during a public meeting on July 2, 2001. At the conclusion of that meeting, the LUTC made a motion to forward the proposed amendments to the full Council on July 17,2001, with a recommendation for approval .-.....- --..................... ............. ..........--... ....-.-.....-...... ..... -.. ...................-..........--...--...-...--....--.......---...-..........-.....................-.... ...--..-...........- -.. ...........-..-.....- ....-....-...-.......... ...-......- .......... ....-.............-- ....-......-. -..-.......-....-....................-....-............-.....-.....- ..............................-....-..-...-...... PROPOSED MOTION: ."1 move approval of the ordinance to approve the proposed code amendment." ~;; ~::;; ~ ~ ~ ~ ~ ~... ~ _... - - - - - ... - - _...... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # D DENIED 1 ST reading 0 T ABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # I 'ISED - 05/10/2001 1:\2001 Code Amendments\Phase II Miscelianeous\City Council\071701 CC Cover Agenda.docl07/06/2001 5:03 PM ;<7? CITY OF FEDERAL WAY DRAFT 7/ÍD/O I ORDINANCE NO. 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE RELATING TO CODE INTERPRETATIONS AND PROCESS I APPEALS; CLARIFICATIONS TO PROVISIONS RELATING TO LAND USE APPLICATION NOTICES; SITING EMERGENCY PREPAREDNESS CONTAINERS ON PRIMARY AND SECONDARY SCHOOL SITES; SENIOR HOUSING; AND PERSONAL WIRELESS SERVICE FACILITIES (PWSF) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning). WHEREAS, the City of Federal Way finds that the amendments to FWCC, Chapter 22 (Zoning), relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) will provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) will implement and are consistent with the Federal Way Comprehensive Plan; and ORD# , PAGE 1 WHEREAS, the City's SEPA Responsible Official issued a Detennination of Nonsignificance on the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) on May 23, 2001; and WHEREAS, the Planning Commission conducted duly a noticed public hearing on the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) on June 20, 2001, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) on July 2, 2001, following which it recommended adoption of the text amendments. WHEREAS, the City Council finds that the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) are consistent with the intent and purpose of FWCC, Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. ORD# , PAGE 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG] Improve the appearance and function of the built environment. PUG2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUP] The City's right-ofway permitting process should not unnecessarily delay the expansion or improvement of the utility network. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. 2. The proposed amendments relating to Code Interpretations and Process I Appeals, Land Use Application Notices, and Senior Housing bear a substantial relationship to public health, safety, or welfare because they will result in improved review processes, by providing consistency between requirements and standards and clarification for those using the code. The code amendments relating to Emergency Preparedness Containers bear a substantial relationship to public health, safety, or welfare because they will provide for emergency supplies for schools in event of a disaster. The code amendments pertaining to the location and siting of Personal Wireless Service Facilities (PWSFs) will provide certainty to the ORD# ,PAGE 3 process for providing PWSF services, resulting in improved services to consumers, while limiting the potential for negative visual impacts due to excessive height of structures. and 3. The proposed amendments are in the best interest of the residents of the city because they will clarify code provisions related to code interpretations and Process I appeals; clarify code provisions for land use application notices; provide for the siting of emergency preparedness supplies within containers on school sites for the use and benefit of the surrounding residents; clarify code provisions for senior housing; and provide for the expansion of the PWSF system within the City, providing wireless service to the City's residents while limiting the potential for negative visual impacts due to excessive height of structures. These amendments will provide certainty and consistency to the review process while protecting surrounding properties, which is in the best interest of the City's residents. Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit A. 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 affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. ORD# , PAGE 4 PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of ,2001. APPROVED: MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CRISTINE GREEN, CMC ApPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No.: 1:\2001 Code Amendments\Phase II Miscellaneous\LUTC\Ordinance.DOC/06/27/2001 II :13 AM ORD# , PAGE 5 EXHIBIT A 1:\2001 Code AmendmentsIPhase" MiscelianeousILUTClCode Amendments 10 lUTc.DOClLasl printed 07/10/20019:55 AM 22-348 Interpretations. The director of community development services may, acting on his or her own initiative or in response to an a written inquiry, in the format outlined in Sec. 22-347, issue interpretations of any of the provisions of this chapter. 22-350 Appeals. (c) An appeal of an interpretation of this chapter will be reviewed and decided upon using process IV the process for appeals outlined in Chapter 22, Article VI (Process III - Prolect Approval). 22-355 Appeals. (d) Appeal process. Appeals of an administrative decision will be reviewed and decided upon using process IV the process for appeals outlined in Chapter 22, Article VI (Process III - Project Approval). E'~" """r-"- . ^ Pk'~,- \ JF_~ 1:\2001 Code AmendmentsIPhase II Miscellaneous\LUTCICode Amendments to LUTCDOClLast printed 07/10/20019:55 AM 22-392 Notice. (a) Content. (4) A brief description of the requested decision, a list of the project pennits included in the application and, if applicable, a list of any studies requested under RCW 36.70.'\.-1-10. Note: RCW 36. 70A.440 has been replaced with RCW 36. 70B. 070 - this new section doesn't specifically reference any studies, but merely provides that a local government may request additional information or studies at the time of notice. The reference to state law is unnecessary. 22-436 Notice. (a) Contents. (I) Notice of application. d. A brief description of the requested decision and a list ofthe project penn its included in the application and, if applicable, a list of any studies requested under RCW 36.70A.-1-10. Note: RCW 36. 70A.440 has been replaced with RCW 36. 70B. 070 - this new section doesn't specifically reference any studies, but merely provides that a local government may request additional information or studies at the time of notice. The reference to state law is unnecessary. E Y !L '" ~ '""" .. -,.. .--Å Ph'~,,- 2. ~F -'- 1:\2001 Code AmendmentsIPhase II MiscellaneouslLUTCICode Amendments to LUTCDOClLast printed 07/10/2001 9:55 AM Emergency Preparedness Containers. A note will be added to all Use Zone Charts allowing schools to allew locate containers on-site for the storage of emergency preparedness supplies as an accessory use. Containers may not be located in any required yard. Contain@rs must b@ scr@@ned from adjacent properti@s by a fiv@ foot 'Nid@ 5:trip of Typ@ III landscaping. Landscaping may be required by the director of community development services to screen the installation if the proposed location will be visible from a public right-of-way and/or neighboring properties. Siting is subject to review and approval under Process I (Site Plan Review) unless proposed as a component of another project; in which case the siting of the container will be reviewed as part of the overall development proposal and subject to the underlying review process. Note: This provision would be added to FWCC Sections 22-605 (schools in the SE zone); 22- 639 (schools in the RS zone); 22-674 (schools in the RM zone); 22-697 (schools in the PO zone); 22-724 (schools in the BN zone); 22-755 (schools in the BC zone); 22-799 (schools in the CC-C zone); 22-812 (schools in the CC-F zone); and, 22-829 (schools in the OP zone). E "'A'" ",""""""," - .Å PA~ì-. 3 vr..k 1:\2001 Code AmendmentsIPhase II MiscelianeousILUTC\Code Amendments to LUTCDOClLast printed 07/1012001 9:55 AM Sec. 22-640. Senior citizen or sSpecial needs housing. (Continued) The following uses shall be permitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums I Maximums Required Yards rn ~ 0 - E- o( ...¡ ;;¡ USE ~ IX: V) V) <1) <> 0 "'OQ: ~ ~ 'S .~ <:1";>- <1) <1) "" <1) N ¡;; Õ ...¡ ë 0 It 2 g ~ <1) "'0 ¡;; <1) ~ t ;>- 0 u Õ ...¡ '- 0 <1) - 3 ..c- 0/)<> .- '" <1) ... :I:V5 V) <1) g Q, "'Or/) ~ 0/) .- c: '" .- <:1""'" ¿¿~ ZONE RS ~ ¿¿ SPECIAL REGULA nONS AND NOTES .. b. Locating limited commercial uses on the subject property is clearly reasonable considering the size of the subject property, the location of the subject property and access to the subject property. c. Any adverse impacts or undesirable effects of locating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. d. The retail establishments will be under common management with the residential uses on the subject property. e. The city may approve the following limited retail establishments under this section: (I) Grocery stores containing no more than 3,000 sq. ft.; (2) Pharmacies; (3) Clothing cleaners; (4) Beauty and/or barber shops; (5) Banks, excluding drive-in facilities; (6) Travel agents; (7) Restaurants, excluding fast food restaurants; (8) Arts and craft supply stores; (9) Flower and gift shops. 5. No façade of any structure may exceed 120 ft. in length. In addition, any façade of a structure that exceeds 50 ft. in length must be modulated as follows: a. The minimum depth of the modulation is three ft. b. The minimum width of the modulation is four ft. c. The maximum width of the modulation is 35 ft. 6. If any portion of a structure on the subject property is within 100 ft. of a low density use, then either: a. The height of that structure shall not exceed 15ft. above average building elevation; or b. The façade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 7. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 8. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6 = 60%. d. In RS 7.2 = 60%. e. In RS 5.0 = 60%. 9. Refer to Article XVII, Landscaping, for appropriate requirements. 10. For sign requirements that apply to the project, see Article XVIII. II. For community design guidelines that apply to the project, see Article XIx. ~ Process I, 11, III and IV described in §§ 22-351 - 22-351\, 22-361 - 22-370, 22-386 - 22-411 22-431 - 22-460 respectively. (Ord. No. 90-43, § 2(20.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99) For other information about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22-1131 et seq. 1\2001 Code AmendmentsIPhase II Miscelianeous\LUTC\Code Amendments to LUTc.OOC/Last printed 07110/20019:55 AM 22-966 Personal Wireless Service Facilities (pWSF). (5) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights-of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and principal collector. A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location ofPWSF's shall be separated by at least 330 linear feet. Within any residential zone, neighborhood business (BN) zone, or professional office (PO) zone, there shall be no more than one PWSF located on an existing structure. Existiflg structun~s in appropriat0 public rights of '.vay shall Rot b0 0ligibl0 for submittal of a US0 proC0SS application for plac0m0nt of a PWSF for Of}@ Y0ar from th0 dat@ of tl10 compl€:tion of coflstruction or alteration. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of- way permit in addition to the required use process approval. The preferred order of functional street classifications for this category of sites is as follows: Principal Arterial Minor Arterial Principal Collector If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. 22-967 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility. . .. (2) PWSFs located on structures within appropriate public rights-of-way. These facilities shall conform to the following development standards: a. The PWSF shall consist only of the following types of facilities: I. A microcell or a minor facility; or 2. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: f"'Ir"- ,,"'~.......,.. - A f' K ,-, - ..5 '-' ï'"':" 1:\2001 Code AmendmentsIPhase II MiscelianeousILUTCICode Amendments to LUTCDOClLaSl printed 07/10/20019:55 AM i. The facility shall not create substantially more adverse visual impact than a minor facility; and ii. The equipment cabinet for the PWSF shall meet all requirements of subsections (5) and (6) ofthis section; and iii. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts~ The maximum size of antennas to be located on existing structures in a public right-of-way shall be two feet in diameter for parabolic antennas, eight feet in height for panel antennas, and 15 feet in height for whip antennas; and iv. The PWSF shall comply with all other applicable standards of the Federal Way City Code. b. The combined antennas may extend up to the minimum necessary height to meet safety clearances required by the operator of the existing structure, but not exceed 15 feet above the existing structure,_plus the height of the proposed antennas as specified in Section 22-967(2)(a)(2)(iii). The maximum allowable height of the new structure with the PWSF antennas shall be determined by the director of community development services, depending upon the antenna type, design, location on the structure, and the proposed method of attachment. An existing structure can be increased in height only once per 12-month period. Any structure, whether a new or replacement structure, located in a public right-of-way must be similar in terms of size (except height), shape, color, material, and location to the existing and surrounding structures, as determined by the director of community development services. This distanc@ may b@ increas@d by th@ minimum n@c@ssary additional J:¡@ight to meet the safety cI@aranc@s r@quir@d by th@ operator of the existing structur@. The antenna extension may be permitted regardless of whether the existing structure is in conformance with the maximum height of the underlying zone as outlined in the use zone charts, Article XI of this chapter, District Regulations. 22-970 Application requirements. (a)(lO) Oth@r information as d@@med n@c@ssary by th@ Community D~w@lopm@nt Director. The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this article and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. E~~'" ~"~"'--' . A PA~L. " OF-k . . , . 1:\2001 Code AmendmentSlPhase II MiscellaneousILUTC\Code AmendmentS to LUTCDOClLast printed 07/10/2001955 AM CITY OF FEDERAL WAY PLANNING COMMISSION RECOMMENDATION June 26, 200 I FROM: Dean McColgan, Chair Land Use/Transportation Committee (LUTC) David MoSe~anager Kathy McClung, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner ~ David Graves, AICP, Senior Planner, Madrona Planning & Development Svcs.~ ç..,. ~(,. To: VIA: SUBJECT: Amendments To Federal Way City Code (FWCC) Relating To Code Interpretations And Process I Appeals; Clarifications To Provisions Relating To Land Use Application Notices; Siting Emergency Preparedness Containers On Primary And Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSF) A. BACKGROUNDIPROPOSAL As part of the Year 2001 Planning Commission work program, staffhås proposed code" amendments related to clarifications to provisions related to code interpretations and Process I appeals; clarifications to provisions related to land use application notices; siting Emergency Preparedness Containers on primary and secondary school sites; clarifications to provisions related to the senior housing; and siting of Personal Wireless Service Facilities (PWSF). The proposed code amendments would incorporate regulations into Federal Way City Code (FWCC) Chapter 22 and clarify existing code provisions. The staff recommendation to the Planning Commission is attached as Exhibit 1. B. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on June 20, 2001, at which time they recommended approval of the code amendments as proposed by staff for Exhibits A of 1, B of 1, and D of 1. However the Planning Commission recommended changes to Exhibits C of 1 and E of 1. These changes are discussed below: E~" PI~-- ~~ ::B Pi j,; 'j L ~";) (. J-\ \.....4 '-- ---- - -' ~ Planning Commission Recommendation to LUTC June 26,2001 1. Emergency Preparedness Containers Currently, emergency preparedness containers are allowed on primary and secondary school sites pursuant to a code interpretation issued on June 15, 1998. The proposed code amendment (Exhibit C of 1) would replace this interpretation by specifying siting and landscaping requirements, and outlining a process for review and approval in the code (Exhibit C of 1). As proposed by staff, the code amendment would allow emergency containers on a school site as long as they were not allowed in a required yard and they were screened by Type III landscaping. The Planning Commission discussed this amendment and suggested that the specific reference to Type III landscaping be changed to provide greater flexibility and lessen the burden on the applicants to provide landscaping for what may be a temporary installation on a site and where the container may not necessarily be visible from neighboring properties. In response to the Planning Commission's concerns, staff recommends the following revisions to Exhibit C of 1: A note will be added to all Use Zone Charts allowing schools to allGW locate containers on-site for the storage of emergency preparedness supplies as an accessory use. Containers may not be located in any required yard. Containers must be scn~@ned from adjac@nt properties by a fiv@ foot '.vide strip ofTyp@ III landscaping: Landscaping may be required by the director of community development services to screen the installation if the proposed location will be visible from a public right-of- way and/or neighboring properties. Siting is subject to review and approval under Process I (Site Plan Review) unless proposed as a component of another project; in which case the siting of the container will be reviewed as part ofthe overall development proposal and subject to the underlying review process. 2. Personal Wireless Service Facilities (PWSF) The proposal before the Planning Commission relating to wireless facilities was intended to clarify the existing code provision that governs the siting of antennas on existing power poles or other similar structures within public rights-of-way. A recent code amendment (Ordinance 00- 363, adopted in January 2000) adopted language, which stated that, "Existing structures in appropriate public rights-of-ways shall not be eligible for submittal of a use process application for placement of a PWSF for one year from the date of the completion of construction or alteration." The intent of this code amendment was to prohibit utility companies from changing out poles with taller poles for the sole purpose of providing greater height, and therefore, greater coverage for a PWSF provider. However, as written, it prohibited the utility company from even replacing an existing pole with one of the same height (replacement being to provide more structural support) and not having to wait one year before a PWSF could be located on it. In addition, under current code, a PWSF1 may be located on an existing structure but may not extend more than 15 feet above the top of the structure (FWCC Section 22-967[2]). However, for safety reasons, Puget Sound Energy (PSE) requires 15 feet of clearance between the highest I A personal wireless service facility (PWSF) is defined as, "...[a] wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equJpment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmi,ssion devices and antennas" (FWCC Section 22-1). Page 2 E"'~" .... ~ -~-- 8' p Á~. "-" -~_-# f ...2.L Planning Commission Recommendation to LUTC June 26, 2001 conductor on the pole and the bottom of any antenna placed on a PSE pole. Thus, to accommodate the placement of an antenna on an existing pole and in order to address PSE's safety concerns, this code amendment proposes that the maximum height be increased to 15 feet plus the height of the proposed antenna. At the June 20th Planning Commission meeting, staff proposed that additional language be added to address the maximum allowable height of different types ofPWSF's. As originally proposed, there was no maximum height specified. The proposed maximum heights are based on existing technology and industry representatives are in agreement with these maximums. The Planning Commission made a motion to approve the PWSF code amendment with the added height restriction on antennas. The Planning Commission's recommendations relating to Personal Wireless Service Facilities (PWSF) are as follows: 22-966 Personal Wireless Service Facilities (PWSF). (5) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights-of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and principal collector. A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location ofPWSF's shall be separated by at least 330 linear feet. Within any residential zone, neighborhood business (BN) zone, or professional office (PO) zone, there shall be no more than one PWSF located on an existing structure. Existing structures in appropriate public rights of way shall not be eligible for submittal of a use process application for placement of a PWSF for one year from the date of the completion of construction or alteration. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of- way permit in addition to the required use process approval. The preferred order of functional street classifications for this category of sites is as follows: Principal Arterial Minor Arterial Principal Collector If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. 22-967 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility.... (2) PWSFs located on structures within appropriate public rights-of-way. These facilities shall conform to the following development standards: Page 3 F~r" "~- ~-~ .. 8 pjr~ ',-.. .~. B_- ,~J :i~--- Planning Commission Recommendation to LUTC June 26,2001 a. The PWSF shall consist only of the following types of facilities: 1. A microcell or a minor facility; or 2. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as detennined by the director of community development services, subject to meeting all of the following standards: i. The facility shall not create substantially more adverse visual impact than a minor facility; and ii. The equipment cabinet for the PWSF shall meet all requirements of subsections (5) and (6) of this section; and iii. The,maximum size of the PWSF panels and number of antennas shall be detennined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts~ The maximum size of antennas to be located on existing structures in a public right-of-way shall be two feet in diameter for parabolic antennas, eight feet in height for panel antennas, and 15 feet in he'ight for whip antennas; and iv. The PWSF shall comply with all other applicable standards of the Federal Way City Code. b. The combined antennas may extend up to the minimum necessary height to meet safety clearances required by the operator of the existing structure, but not exceed 15 feet above the existing structure,_plus the height of the proposed antennas as specified in Section 22-967(2)(a)(2)(iii). The maximum allowable height of the new structure with the PWSF antennas shall be detennined by the director of community development services, depending upon the antenna type, design, location on the structure, and the proposed method of attachment. An existing structure can be increased in height only once per l2-month period. Any structure, whether a new or replacement structure, located in a public right-of-way must be similar in tenns of size (except height), shape, color, material, and location to the existing and surrounding structures, as detennined by the director of community development services. This distanc@ may b@ increased by the minimum n@c@ssary additional height to meet the safety cl@aranc@s required by the operator ofth@ existing structure. The antenna extension may be pennitted regardless of whether the existing structure is in confonnance with the maximum height of the underlying zone as outlined in the use zone charts, Article XI of this chapter, District Regulations. 22-970 Application requirements. (a)(lO) Other information as deemed necessary by the Community D@velopment Director. The city may require the applicant, at the applicant's expense, to provide any additional infonnation, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this article and to require that such infonnation, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. Page 4 EV" ,.,.-,.~ 8 P A '-" '.- -.4-- '-v J--2IL Planning Commission Recommendation to LUTC June 26, 200 I C. COUNCIL ACTION/ST AFF RECOMMENDA nON The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the Committee recommend to the full Council adoption of the Planning Commission's recommendations (Exhibit 2). D. LAND UsEffRANSPORT A nON COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading on July 17, 2001, as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTe. Approval Of Committee Action: C)¡~ Dean McColgan '" ~~D '1/- . ric Faiso LIST OF EXHIBITS Exhibit I Exhibit 2 Exhibit 3 Staff Report to the June 20,2001 Planning Commission Meeting Planning Commission Recommendation Draft Ordinance ElF" r ~ ~ ~. ~-. -.Ø PA(;.L.10F ~ 1:\2001 Code Amendments\Phase II Miscellaneous\LUTC\StafReport from PC to LUTCOOC/0612612001 6:35 PM Page 5 I Evp... ",.~ ---- D é\\ ~ &2 PAG L--'. -' ~ ÜL- STAFF REPORT TO THE PLANNING COMMISSION Phase II Miscellaneous Federal Way City Code (FWCC) Amendments Planning Commission Meeting of June 20, 2001 BACKGROUND As part of the Year 2001 Planning Commission work program, Staff has proposed code amendments related to clarifications to provisions related to code interpretations and Process I appeals (Exhibit A); clarifications to provisions related to land use application notices (Exhibit B); siting Emergency Preparedness Containers on primary and secondary school sites (Exhibit C); clarifications to provisions related to the senior housing (Exhibit D); and siting of Personal Wireless Service Facilities (PWSF) (Exhibit E). A. Code Interpretations and Process I Appeals - FWCC Section 22-348 is unclear as to the fonnat of an inquiry for a code interpretation. The proposed code amendment clarifies that any inquiry must be in writing and outlines the process and fonnat. FWCC Section 22-355 indicates that the appeal of a Process I administrative decision would be reviewed and decided upon using Process IV. The appeal of a Process I decision does go to the Hearing Examiner, but the reference to the Process IV review is incorrect. The appeal provision to be used for appeals of Process I decisions should be Process III. B. Land Use Application Notices - FWCC Sections 22-392 and 22-436 related to notice of land use applications that are subject to Process III and IV review contain a reference to a provision in the Revised Code of Washington (RCW) that has been replaced. The new RCW section is redundant to what is already in the FWCC and is not necessary. c. Emergency Preparedness Containers - Currently, emergency preparedness containers are allowed on primary and secondary school sites pursuant to a Code Interpretation issued on June 15, 1998. The proposed code amendment would replace this interpretation and specify siting and landscaping requirements, and also outline a process for review and approval. These emergency preparedness containers are typically located on school properties to serve the surrounding residences. Containers are usually shipping containers approximately eight feet high and wide by 20 feet long. Visual impacts are minimal if the containers are surrounded with landscaping and or painted. D. Senior Housing - FWCC Section 22-640 provides that senior citizen or special needs housing is pennitted in the single-family residential (RS) zone. In the existing title, "senior citizen" is omitted and should be included for ease of reference. . E. Personal Wireless Services Facilities - The PWSF amendment clarifies the exist~ñg code provision related to the siting of antennas on existing power poles or other similar stru,ctl}res within public rights-of-way. PWSF's are generally the antennas, support structure, and associated equipment cabinets.) Currently, a PWSF may be located on an existing structure but I A Personal Wireless Service Facility (PWSF) is defined as, "...[a] wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas" (FWCC Section 22-1). r""""'"" r""""! ....--. ,-- P h u ê. --L "f ---LtL Ev..; "--""'~ ._-,--- ú . . P A (~.a ~ - ~. *1J. may not extend more than 15 feet above the existIng structure ~FwCë 22-~. tor sa~ reasons, Puget Sound Energy (PSE) requires 15 feet of clearance between the highest conductor on the pole and the bottom of any antenna placed on a PSE pole. Thus, to accommodate the placement of an antenna on an existing pole and address PSE' s safety concerns, staff has proposed that the maximum height be increased to 15 feet plus the height of the proposed antenna. An additional concern was that the height of a pole could surreptitiously be increased and then a wireless provider would submit an application to further increase the height of the pole to facilitate the location of a PWSF. The existing code provision precludes the location of a PWSF on a structure in the right-of-way for one year from the date of construction or alteration of that structure. Practically, this provision precludes the siting of a PWSF on a structure that was altered for the siting of a PWSF, for one year. Staff recommends removing this provision and substituting a provision that precludes more than one height increase of an existing structure within any 12-month period. Additional height cannot be added to a wood utility pole. In order to increase the height of a wood utility pole, a new pole would have to be installed. Additional height could be added to an existing metal pole if the pole was previously designed and constructed to accommodate an extension, which is not typically done. Installation of structures, including utility poles, in a public right-of-way requires a right-of- way permit from the City. Thus, any pole replacement could easily be tracked in the City's permit system. . f5. . . Another change is being proposed to this section to allow the City to have an outside consultant review studies required by the City and submitted by the applicant. The applicant would pay for this review. II REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: . To review and evaluate the zoning code text regarding any proposed amendments; . To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, . To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. III PROCEDURAL SUMMARY May 23, 200] Determination of Non significance pursuant to State Environmental Policy Act (SEPA) June 6, 200] End ofSEPA Comment Period June 20, 200] Public Hearing before the Planning Commission Planning Commission Staff Report Page 2 F~""II-""'~"'~ I Pr~ '-' ..Jt.4i~~<1me~ . IV DECISIONAL CRITERIA E""-"""- -- J' í . V' ' PA~ì...j -" ~ FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed FWCC text amendments related to clarifications to provisions related to code interpretations and Process I appeals; clarifications to provisions related to land use application notices; siting Emergency Preparedness Containers on primary and secondary school sites; clarifications to provisions related to senior housing; and siting of Personal Wireless Service Facilities are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG I Improve the appearance and function of the built environment. PUG2 Work with private utility companies to allow them to provide service in a wtry that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUPI The City's right-oi-way permitting process should not unnecessarily deltry the expansion or improvement of the utility network. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; The proposed FWCC text amendments will clarify code provisions for code interpretations and Process I appeals; clarify code provisions related to land use application notices; provide for the siting of emergency preparedness containers on school sites, to the benefit of the surrounding neighbors; clarify code provisions for senior housing; and provide for the expansion of the PWSF system while limiting the potential for negative visual impacts due to excessive height of structures. These amendments will provide certainty and consistency to the review process while protecting surrounding properties, which have a direct relationship to the public health, safety, and welfare. And 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendments will clarify code provisions related to code interpretations and Process I appeals; clarify code provisions for land use application notices; provide for the siting of emergency preparedness supplies within containers on school sites for . Planning Commission Staff Report Page 3 Misc. Code Amendments r"""" ""~""""'" I f- r- ~ -- ,r..... J '....J C ' IC) 8 PA~, q ,~-,' '7i. the use and benefit of the surrounding residents; clarify code provfšïons for sl;;ñTtrr bo~ provide for the expansion of the PWSF system within the City, providing wireless service to the' City's residents while limiting the potential for negative visual impacts due to excessive height of structures. These amendments will provide certainty and consistency to the review process while protecting surrounding properties, which is in the best interest of the City's residents. f"')'P1' rr '" - '"- v PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VI STAFF RECOMMENDATION The following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments related to clarifications to provisions related to code interpretations and Process I appeals; clarifications to provisions related to land use application notices; siting Emergency Preparedness Containers on primary and secondary school sites; clarifications to provisions related to senior housing; and siting of Personal Wireless Service Facilities. (If changes occur as a result of Planning Commission deliberations add, "...as amended by the Planning Commission.") VII EXHIBITS Exhibit D: Exhibit E: Proposed code amendment clarifying provisions related to code interpretations and Process I appeals. Proposed code amendment clarifying provisions related to land use application notices. Proposed code amendment related to the siting of Emergency Preparedness Containers on primary and secondary school sites. Proposed code amendment clarifying a provision related to senior housing. Proposed code amendment related to the siting of Personal Wireless Service Facilities (PWSF). Exhibit A: Exhibit B: Exhibit C: IIDOCUMENT\Miseelianeous Code Amendments IIIPlanning CommissionlStaff Report for Mise Amend DOClLast printed 06/27/2001 08:38 AM Planning Commission Staff Report Page 4 M,' iSC,' C,ode AmeTents E~~~-"" r""'I nT - . Ld>Ü P A G E..:4- 0 F ..1fL E.,~. r ro" J/' '-':,B 10 -- ö 2.'- PA~~ EXHIBIT A 22-348 Interpretations. The director of community development services may, acting on his or her own initiative or in response to an a written inquiry, in the format outlined in Sec. 22-347, issue interpretations of any of the provisions of this chapter. 22-350 Appeals. (c) An appeal of an interpretation of this chapter will be reviewed and decided upon using process IV the process for appeals outlined in Chapter 22, Article VI (Process III - Project Approval). 22-355 Appeals. (d) Appeal process. Appeals of an administrative decision will be reviewed and decided upon using proC€Ss IV the process for appeals outlined in Chapter 22, Article VI (Process III - Project Approval). EXH~B"-r- - I P , ~. ,-" ~ ¡..:-~u¡ i- ---1ÏL- -- ~ ,0 1:\DOCUMEN1\Miscelianeous Code Amendments I!\Planning CommissionlFinal Code Amendments 10 PCDOC/Last pñnted 0612712001 08:39 AM " P A~. ..... .6 ....,ij .~ E~,..r - -' . I' EXHIBIT B 22-392 Notice. (a) Content. (4) A brief description of the requested decision, a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.110. Note: RCW 36. 70A.440 has been replaced with RCW 36. 70B. 070 - this new section doesn't specifically reference any studies, but merely provides that a local government may request additional information or studies at the time of notice. The reference to state law is unnecessary. 22-436 Notice. (a) Contents. (1) Notice of application. d. A brief description of the requested decision and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.110. Note: RCW 36. 70A. 440 has been replaced with RCW 36. 70B. 070 - this new section doesn't specifically reference any studies, but merely provides that a local government may request additional information or studies at the time of notice. The reference to state law is unnecessary. EXH~Bn'-', I . P A G L ~ ,-,~~'--«L 1:\DOCUMENI\Mi",ellaneous Code Amendments 1!\Planning CommissionlFinal Code Amendments to PC.DOCIl..ast printed 06127/2001 08:39 AM EXHIBIT C E"rn ~..~ 8 PA,-,- /2. -. ~ Emergency Preparedness Containers. A note will be added to all Use Zone Charts allowing schools to allow containers for the storage of emergency preparedness supplies as an accessory use. Containers may not be located in any required yard. Containers must be screened from adjacent properties by a five-foot wide strip of Type III landscaping. Siting is subject to review and approval under Process I (Site Plan Review) unless proposed as a component of another project; in which case the siting of the container will be reviewed as part of the overall development proposal and subject to the underlying review process. Note: This provision would be added to FWCC Sections 22-605 (schools in the SE zone); 22- 639 (schoóls in the RS zone); 22-674 (schools in the RM zone); 22-697 (schools in the PO zone); 22-724 (schools in the BN zone); 22-755 (schools in the BC zone); 22-799 (schools in the CC-C zone); 22-812 (schools in the CC-F zone); and, 22-829 (schools in the OP zone). E~rn "'H~ ~- I PhUL--1,-~ ~ I:\DOCUMENliMiscellaneous Cod. Amendments ¡!\Planning CommissionlFinal Cod. Amendments 10 PC.DOCILast printed 0612712001 08:39 AM EXHIBIT D Sec. 22-640. Senior citizen or sSpecial needs housing. (Continued) The following uses shall be permitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section: ~ ;z 0 ¡: « ,.¡ ;;¡ USE ~ a: m )( ( ~ .::11 r ~ 1 1 I J ¡-r ( c. ~ I ¡ I- I .. USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums I Maximums Required Yards '" 8 e "Oc.. ~ ~ .- '" ::I .- r::r> '" '" ~a: '" 01) " t > 0 U Õ ...J ? <.) " ~ '" "0 ê;ij '- '" 0 ... ~ ::I "Éhg .¡:¡ ::: ::tCIJ '" N ê;ij Õ ,.¡ c: e "" æ '" ~ Process I, II, III and IV described in §§ 22-351 - 22-356, 22-361 - 22-370, 22-386 -22-411 22-431 .: 22-460 respectively. '" '" áj Q. "Or/) ~ 01) .- C ::I .- ¡:r~ ~c.. b. Locating limited commercial uses on the subject property is clearly reasonable considering the size of the subject property, the location of the subject property and access to the subject property. c. Any adverse impacts or undesirable effects oflocating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. d. The retail establishments will be under common management with the residential uses on the subject property. e. The city may approve the fòllowing limited retail establishments under this section: (I) Grocery stores containing no more than 3,000 sq. ft.; (2) Pharmacies; (3) Clothing cleaners; (4) Beauty and/or barber shops; (5) Banks, excluding drive-in facilities; (6) Travel agents; (7) Restaurants, excluding fast food restaurants; (8) Arts and craft supply stores; (9) Flower and gift shops. 5. No façade of any structure may exceed 120 ft. in length. In addition, any façade of a structure that exceeds 50 ft. in length must be modulated as follows: a. The minimum depth of the modulation is three ft. b. The minimum width of the modulation is four ft. c. The maximum width of the modulation is 35 ft. 6. If any portion of a structure on the subject property is within 100 ft. of a low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The façade ofthat portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 7. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 8. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6 = 60%. d.InRS7.2=60%. e. In RS 5.0 = 60%. 9. Refer to Article XVII, Landscaping, for appropriate requirements. 10. For sign requirements that apply to the project, see Article XVIII. II. For community design guidelines that apply to the project, see Article XIX. ZONE RS SPECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22-1131 et seq. ¡:\DOC (Ord. No. 90-43, § 2(20.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3, 1-19-99) 'T\MisceJlaneous Code AmendmentS 1!\Planning CammissianIFinal Code AmendmentS to PC.DOCILast printed 06/27/?' '~:39 AM ..... \)) "( ~ ç r ) ) ::¡ . " 't:. EXHIBIT E E~"""~--~" B . . ~ PAu.,-A~~:: ~ 22-966 Personal wireless Service facilities (PWSF). (5) Appropriate public rights-ol-way. For the purposes of this section, appropriate public rights-of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and p~ncipal collector. A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location ofPWSF's shall be separated by at least 330 linear feet. Within any residential zone, neighborhood business (BN) zone, or professional office (PO) zone, there shall be no more than one PWSF located on an existing structure. Existing structures in appropriate public rights of way shall not be eligible for submittal of a use process application for placement of a PWSF for one year from the date of the completion of construction or alteration. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in addition to the required use process approval. The preferred order of functional street classifications for this category of sites is as follows: Principal Arterial Minor Arterial Principal Collector If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same, the preferred location shall be that portion of the right- of-way with the least adverse visual impacts. 22-967 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility.... (2) PWSFs located on structures within appropriate public rights-ol-way. These facilities shall conform to the following development standards: a. The PWSF shall consist only of the following types of facilities: 1. A microcell or a minor facility; or EXH~B"-rl . .PAGE~.JFLD I:\DOCUMENT\Miscelianeous Code Amendments I!\Planning CommissionlFinal Code Amendments to PC.DOCILast printed 0612112001 08:39 AM E~'"'" "" --..-. 8 PA(:ü~-~~F 2'- . . 2. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: 1. The facility shall not create substantially more adverse visual impact than a minor facility; and ii. The equipment cabinet for the PWSF shall meet all requirements of subsections (5) and (6) of this section; and iii. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts; and iv. The PWSF shall comply with all other applicable standards of the Federal Way City Code. b. The combined antennas may extend up to the minimum necessary height to meet safety clearances required by the operator of the existing structure, but not exceed 15 feet above the existing structure,_plus the height of the proposed antennas. The maximum allowable height of the new structure with the PWSF antennas shall be determined by the director of community development services, depending upon the antenna type, design, location on the structure, and the proposed method of attachment. An existing structure can be increased in height only once per 12-month period. Any structure, whether a new or replacement structure, located in a public right-of-way must be similar in terms of size (except height), shape, color, material, and location to the existing and surrounding structures, as determined by the director of community development services. This distance may be increased by the minimum necessary additional height to meet the safety clearances required by the operator of the existing structure. The antenna extension may be permitted regardless of whether the existing structure is in conformance with the maximum height of the underlying zone as outlined in the use zone charts, Article XI of this chapter, District Regulations. 22-970 Application requirements. (a)(10) Other information as deemed necessary by the Community Development Director. The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this article and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. EY~~r~~ I P Aut::.. -1D- v 1= --1D- I:IDOCUMENl\Misceliancous Code Amendments 1I\Planning CommissionlFinal Code Amendments 10 PCDOCILasl printed 0612712001 08:39 AM EX~--~~_:- - S PAc:;' L... --1iL --" ~ EXHIBIT A 22-348 Interpretations. The director of community development services may, acting on his or her own initiative or in response to an a written inquiry, in the fonnat outlined in Sec. 22-347, issue interpretations of any of the provisions of this chapter. 22-350 Appeals. (c) An appeal of an interpretation of this chapter will be reviewed and decided upon using process IV the process for appeals outlined in Chapter 22, Article VI (Process III - Project Approval). 22-355 Appeals. (d) Appeal process. Appeals of an administrative decision will be reviewed and decided upon using process IV the process for appeals outlined in Chapter 22, Article VI (process III - Project Approval). E~~HI~~~ Z PAGE I JF -" . 1:IDOCUMENnMiscelianeous Code Amendments II\LUTClCode Amendments 10 LUTC.DOCJLast printed 06/2712001 11:06 AM E¡r11 ~-- --, 8 PA~w-, ,1-,»-:~'" EXHIBIT B 22-392 Notice. (a) Content. (4) A brief description of the requested decision, a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.'1'10. Note: RCW 36. lOA.440 has been replaced with RCW 36. lOB.OlO - this new section doesn't specifically reference any studies, but merely provides that a local government may request additional information or studies at the time of notice. The reference to state law is unnecessary. 22-436 Notice. (a) Contents. (1) Notice of application. d. A brief description ofthe requested decision and a list ofthe project permits included in the application and, if applicable, a list of any studies requested under RCW 36. 70A. '1 '1 O. Note: RCW 36. lOA.440 has been replaced with RCW 36. lOB.OlO - this new section doesn't specifically reference any studies, but merely provides that a local government may request additional information or studies at the time of notice. The reference to state law is unnecessary. . f:":' V P ~ R 0 ".. "i'r'8 -I . 1;. . [I;!J f ' 6 PkuË~ . 2. .._~- '--' ¡J 1:IDOCUMENlìMiscellaneous Code Amendments II\LUTOCode Amendments 10 LUTCDOCILasl prinled 06127/2001 11:06 AM EXHIBIT C E}f"-"~~~~., 8 . PA~,- "-~ ~ u Emergency Preparedness Containers. A note will be added to all Use Zone Charts allowing schools to aIlew locate containers on-site for the storage of emergency preparedness supplies as an accessory use. Containers may not be located in any required yard. Contaifl@rs must b@ scr@@n@d from adjac@flt properties by a five foot ',vide strip of Typ@ IIIlafldscaping. Landscaping may be required by the director of community development services to screen the installation if the proposed location will be visible from a public right-of-way and/or neighboring properties. Siting is subject to review and approval under Process I (Site Plan Review) unless proposed as a component of another project; in which case the siting of the container will be reviewed as part of the overall development proposal and subject to the underlying review process. Note: This provision would be added to FWCC Sections 22-605 (schools in the SE zone); 22- 639 (schools in the RS zone); 22-674 (schools in the RM zone); 22-697 (schools in the PO zone); 22-724 (schools in the BN zone); 22-755 (schools in the BC zone); 22-799 (schools in the CC-C zone); 22-812 (schools in the CC-F zone); and, 22-829 (schools in the OP zone). f'"nr .",....,"~ ~-: P k '-d- -'-~ i J,,; I:IDOCUMENTlMiscclianeou. Code AmendmentS II\LUTClCode AmendmentS to LUTCDOCILast printed 0612712001 11:06 AM EXHIBIT D Sec. 22-640. Senior citizen or sSpecial needs housing. (Continued) The following uses shall be pennitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums I Maximums Required Yards '" ;Z 0 ¡: -< ...¡ ;J USE ~ =: <I> <I> '" <.> e "O~ ~ ~ .- '" ::> .- 0-> '" '" c.:c.: '" 0/) '" ¡¡ > 0 U Õ ...¡ :ê' <.> '" ~ '" "0 (/j 'õ ~ .=3 .~ 2 "'- :I:", '" N (/j Õ ...¡ ¡: e ¡,¡. æ '" c.: Process I. II, III al1d IV described in §§ 22-35 I - 22-356, 22-361 - 22-370, 22-386-22-411 22-431 - 22-460 respectivel <I> '" g Q. "OtI) ~ 0/) .- c ::> .- O-.;¿ ~~ b. Locating limited commercial uses on the subject property is clearly reasonable considering the size of the subject property, the location of the subject property and access to the subject property. c. Any adverse impacts or undesirable effects oflocating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. d. The retail establishments will be under common management with the residential uses on the subject property. e. The city may approve the following limited retail establishments under this section: (I) Grocery stores containing no more than 3,000 sq. ft.; (2) Pharmacies; (3) Clothing cleaners; (4) Beauty and/or barber shops; (5) Banks, excluding drive-in facilities; (6) Travel agents; (7) Restaurants, excluding fast food restaurants; (8) Arts and craft supply stores; (9) Flower and gift shops. 5. No façade of any structure may exceed 120 ft. in length. In addition, any façade of a structure that exceeds 50 ft. in length must be modulated as follows: a. The minimum depth of the modulation is three ft. b. The minimum width of the modulation is four ft. c. The maximum width of the modulation is 35 ft. 6. If any portion ora structure on the subject property is within 100 ft. ora low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The façade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. . 7. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 8. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b.lnRS 15.0=50%. c. In RS 9.6 = 60%. d. In RS 7.2=60%. e. In RS 5.0 = 60%. 9. Refer to Article XVII, Landscaping, for appropriate requirements. 10. For sign requirements that apply to the project, see Article XVIII. II. For community design guidelines that apply to the project, see Article XIx. ZONE RS SPECIAL REGULA nONS AND NOTES For other information about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22-113 I et seq. (Ord. No. 90-43, § 2(20.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99) I:IDOCUV"""'IMiscellaneous Code Amendments II\LUTClCode Amendments to LUTC.DOClLast printed 06/2712001 11 :06 AM " ...., " . _U " :Þ ~ r b ( ;J ') '-::I J ] EXHIBIT E E~rr1 ..-~ -- . B PAb t... . :26 ~ {'-2A. 22-966 Personal Wireless Service Facilities (pWSF). (5) Appropriate public rights-ol-way. For the purposes of this section, appropriate public rights-of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and principal collector. A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location ofPWSF's shall be separated by at least 330 linear feet. Within any residential zone, neighborhood business (BN) zone, or professional office (PO) zone, there shall be no more than one PWSF located on an existing structure. Existifl£ structures in appropriate public rights of \vay shall not be eligible for submittal of a use process applicatiofl for placement of a PWSF for one year from the date ofto@ completion of constructiofl or alteration. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of- way permit in addition to the required use process approval. The preferred order of functional street classifications for this category of sites is as follows: Principal Arterial Minor Arterial Principal Collector If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. 22-967 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility.... (2) PWSFs located on structures within appropriate public rights-ol-way. These facilities shall conform to the following development standards: a. The PWSF shall consist only of the following types of facilities: I. A microcell or a minor facility; or 1:IDOCUMENT\Miscelianeous Code Amendments IIILlTTC\Code Amendments to LUTc.DOCILast printed 0612712001 11:06 AM . 2. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all . . of the followmg standards: . ~ E"~~~n~ -2. PAGtE-LOF-' r"rr "...~ ~~ B PAGt:...J2.L-vr ~ i. The facility shall not create substantially more adverse visual impact than a minor facility; and ii. The equipment cabinet for the PWSF shall meet all requirements of subsections (5) and (6) of this section; and iii. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts~ The maximum size of antennas to be located on existing structures in a public right-of-way shall be two feet in diameter for parabolic antennas, eight feet in height for panel antennas, and IS feet in height for whip antennas; and iv. The PWSF shall comply with all other applicable standards of the Federal Way City Code. b. The combined antennas may extend up to the minimum necessary height to meet safety clearances required by the operator of the existing structure, but not exceed 15 feet above the existing structure,_plus the height of the proposed antennas as specified in Section 22-967(2)(a)(2)(iii). The maximum allowable height of the new structure with the PWSF antennas shall be determined by the director of community development services, depending upon the antenna type, design, location on the structure, and the proposed method of attachment. An existing structure can be increased in height only once per 12-month period. Any structure, whether a new or replacement structure, located in a public right-of-way must be similar in terms of size (except height), shape, color, material, and location to the existing and surrounding structures, as determined by the director of community development services. This distance may be increased by the minimum necessary additional height to meet the safety clearances required by the operator of the existing structure. The antenna extension may be permitted regardless of whether the existing structure is in conformance with the maximum height of the underlying zone as outlined in the use zone charts, Article XI of this chapter, District Regulations. 22-970 Application requirements. (a)(lO) Other information as deemed necessary by the Community Development Director. The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this article and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. E"V~~JB~T -2. p r ~ ---; ~ - ,- ~ u - , 1:\DOCUMEN1\Miscelianeous Code Amendments Il\LlITClCode Amendments to LlITc.DOC/Last printed 0612712001 I 1:06 AM F~r'" ""..--.,~--. B CITY OF FEDERAL W A .pAu ~ .2J. -' F. .a.c. ORDINANCE NO. 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE RELATING TO CODE INTERPRET A TIONS AND PROCESS I APPEALS; CLARIFICATIONS TO PROVISIONS RELATING TO LAND USE APPLICATION NOTICES; SITING EMERGENCY PREPAREDNESS CONTAINERS ON PRIMARY AND SECONDARY SCHOOL SITES; SENIOR HOUSING; AND PERSONAL WIRELESS SERVICE FACILITIES (PWSF) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning). WHEREAS, the City of Federal Way finds that the amendments to FWCC, Chapter 22 (Zoning), relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) will provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) will implement and are consistent with the Federal Way Comprehensive Plan; and ORD# , PAGE 1 F~n"_nM~n¡-. - 3 Pr'~,-;,- , ~û ~ E "-A" rc " " ~ "...... PAbL ~ vr=A . WHEREAS, the City's SEPA Responsible Official issued a Detennination of Nbnsigmtlcance Ull 'i the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) on May 23, 2001; and WHEREAS, the Planning Commission conducted duly a noticed public hearing on the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) on June 20, 2001, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) on July 2, 2001, following which it recommended adoption of the text amendments. WHEREAS, the City Council finds that the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) are consistent with the intent and purpose of FWCC, Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. ORD# , PAGE 2 f~I"" .." ~ ~-, 3- p¡-,--. ---- -'-- ~" -$ B P A \.;4 L-~J F ~ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES F~r" ""~"....,... HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG] Improve the appearance and function of the built environment. PUG2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUP] The City's right-of-way permitting process should not unnecessarily delay the expansion or improvement of the utility network. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. 2. The proposed amendments relating to Code Interpretations and Process I Appeals, Land Use Application Notices, and Senior Housing bear a substantial relationship to public health, safety, or welfare because they will result in improved review processes, by providing consistency between requirements and standards and clarification for those using the code. The code amendments relating to Emergency Preparedness Containers bear a substantial relationship to public health, safety, or welfare because they will provide for emergency supplies for schools in event of a disaster. The code amendments pertaining to the location and siting of Personal Wireless Service Facilities (PWSFs) will provide certainty to the ,.. , PAGE 3 FV~"~MT' '9 f'r\uL-LJF' ORD# Er: ,-"" r-'\ ,...- 8 P A G i:: ~ J;F :J.J- process for providing PWSF services, resulting in improved services to consumers, while limiting the potential for negative visual impacts due to excessive height of structures. and 3. The proposed amendments are in the best interest of the residents of the city because they will clarify code provisions related to code interpretations and Process I appeals; clarify code provisions for land use application notices; provide for the siting of emergency preparedness supplies within containers on school sites for the use and benefit of the surrounding residents; clarify code provisions for senior housing; and provide for the expansion of the PWSF system within the City, providing wireless service to the City's residents while limiting the potential for negative visual impacts due to excessive height of structures. These amendments will provide certainty and consistency to the review process while protecting surrounding properties, which is in the best interest of the City's residents. Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit A. 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 affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. f"~~I~r~ ~ ~j-\GE-M- ~'j:-:S- ORD# ,PAGE 4 .. - i. E, "\rn ~ ,- . . B -L ' . PASSED by the City Council of the City of Federal W f: ~ Çiju~r JIlt:~õ'r the C¡-L ~ ' Council on the day of , 2001. ApPROVED: MA YOR, MIKE PARK ATTEST: CITY CLERK, N. CRISTINE GREEN, CMC ApPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No.: . , 1:\2001 Code Amendments\Phase II Miscellaneous\LUTC\Ordinance.DOCI06127/2001 11:13 AM ORD# , PAGE 5 fV"~"~~7 , P k \..:Ã ~ -5- \..n= ,. MEETING DATE: July 17, 2001 ITEM# Y 1/1 (4-j CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SR 99 Phase I Ri2ht-of-Way Improvements / Condemnation Ordinance CATEGORY: BUDGET IMPACT: _CONSENT -X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT _PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Draft condemnation ordinance. SUMMARYIBACKGROUND: On March 6,2001, the City Council adopted Ordinance No. 01-384, condemning property and easements for right-of-way for the Pacific Highway South HOV Lanes Phase I street improvement project (S. 31th Street to S. 324th). A condemnation lawsuit was subsequently ~nitiated, and is proceeding. This condemnation action did not address all of the parcels of property Jecessary for the project; staff continued to work with remaining property owners in an attempt to negotiate the necessary purchases. Staffwere unable to obtain agreement on eight (8) parcels. Staff therefore request that the Council adopt the attached condemnation ordinance, which authorizes the City Attorney to commence legal proceedings to acquire the necessary properties by condemnation, in order to allow the project to proceed. The body ofthe attached draft ordinance is identical to Ordinance No. 01- 384. Exhibit A to the draft has been amended to reflect the (8) eight additional parcels being condemned. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Motion to forward condemnation ordinance to second readin ¿,"'-) 'L- ~~" I, (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) APPROVED FOR INCLUSION IN COUNCIL P ACKE . COUNCIL ACTION: COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # .::¿ 7 c; APPROVED DENIED - T ABLED/DEFERRED/NO ACTION K: \Agnditem \2ndSR 99condmn .doc ORDINANCE NO. 01-- DRAFT 7/II/õ( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH BETWEEN SOUTH 312T" STREET AND SOUTH 324TH STREET, TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION (Supplementing Ordinance No. 01-384). THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Public Necessity. The public health, safety, necessity and convenience demand that right-of-way improvements be constructed and maintained within the City of Federal Way within the vicinity of State Route 99 between South 3 12th Street and South 324th Street, and that certain real property and/or easements upon property be condemned, appropriated, taken and/or damaged for the construction of said improvements as provided by this ordinance. Failure to construct such right-of-way improvements will cause traffic counts to continue to exceed capacity within the corridor of SR 99 between South 31 ih Street and South 324th Street, create the potential for additional traffic and/or traffic/pedestrian accidents, and inhibit economic development within the City Center Core and City Center Frame zones. ORD # 01-_, PAGE 1 Section 2. Public Use. The improvements demanded by public health, safety, convenience and necessity consist of those improvements shown on the Right-of-Way Plans dated August 2000, by CH2MHill and on file with the City of Federal Way, to wit: the construction on each side of SR 99 to achieve 2 general-purpose vehicle lanes, a high occupancy vehicle ("ROY") lane, a center left-hand turn lane, a center median, a curb, gutter, planter strip, sidewalk, street lights, and a utility strip for relocated utility poles and/or underground utilities, together with all appurtenances and related work necessary to make a complete improvement in accordance with Figure ill-3(a), Cross Section A of the City of Federal Way Comprehensive Plan and other applicable City standards. Said improvements will be a part of right-of-way owned by the City ofFedera1 Way and open for use by the general public, and therefore the use of property and/or easements condemned herein for the construction of said improvements constitutes a public use. Section 3. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property and/or easements located within the City of Federal Way, legally described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"), shall be and hereby are condemned, appropriated, taken and/or damaged for the public use and purpose of installing right-of-way improvements described in Section 2 above. The condemnation, appropriation, taking and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance ofthe right-of-way facilities, as well as temporary easements to enable construction of said improvements. Further, the condemnation, appropriation, taking and/or damaging ofthe Property shall be subject to the making or paying of just compensation to the owners thereof in the manner provided by law. ORD # 01-_, PAGE 2 Section 4. Condemnation Legal Action. The City Attorney or other attorney selected by the City Manager is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take and appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner( s), provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the location and/or width of any ofthe Property and/or easements condemned or taken therein in order to minimize damages, provided that said adjustments do not interfere with the use of the Property by the City as provided in this ordinance. Section 5. 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 ofthe application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this - day of August, 2001. ORD # 01-_, PAGE 3 CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 01- K:\ORDIN\2ndCONDMNSR99ROW.DOC ORD # 01-_, PAGE 4 Ord.No. ,Exhibit A Pacific Highway South HOV Lanes Phase I Property Legal Descriptions, Property Maps and Tax Account Numbers Tax Account # Owner Name Site Name 092104-9164 CREMCO Chevron 150050-0100 HARSCH Olympic Sporting Goods 150050-0120 Harsch Investment Prop., LLC Coco's 150050-0110 Harsch Investment Prop., LLC Ross Plaza 150050-0130 Bank of America 785360-0200 N.A. Properties Limited Partnership Four Goodwill 092104-9241 Puget Sound Energy, Inc. PSE Substation 762240-0015 Sears, Roebuck & Co. Sears 092104-9159,9200, Marckx, Dallas and Olson, Katherine Schuck's Auto/Baskin Robbins 9256,9257,9258 Page 1 of 1 07/11/20012:44 PM "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0921049164 That portion of the east 100.00 feet of the west 150.00 feet of the north half of the north half of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King county, Washington; excepting the south 150 feet thereof, AND EXCEPT that portion conveyed to King County for road by instruments recorded under Recording Numbers 1024019 and 8807250841, more particularly described as follows: Beginning at a point on the easterly margin of State Highway No. I, where said line intersects the northerly line of the south 150 feet of the east 100.00 feet of the west 150.00 feet of the north half of the north half of the northwest quarter of the southwest quarter of said Section 9; thence along said easterly margin North 1°12'06" East, 112.33 feet; thence along a 25.oo-foot radius curve to the right with a central angle of 90°29'34", an arc distance of 39.48 feet to a point lying 42 feet south of the north line of said southwest quarter; thence South 88°18'20" East, 5.44 feet; thence South 1°46'33" West, 2.12 feet to a point on a non-tangent curve from which the radius point bears South 1°46'33" West; then along said curve to the left having a radius of 19.00 feet with a central angle of 91005'32", an arc distance of 30.21 feet; thence North 88°20'07" West, 7.44 feet; thence South 1°12'06" West, 64.83 feet; thence South 10°06'44" East, 30.58 feet; thence South 1°12'07" West, 21.32 feet to the aforementioned northerly line of said south 150 feet; thence along said northerly line North 88°18' 14" West, 10.00 feet to the Point of Beginning, containing 910 square feet, more or less. '> Original Signature made with blue ink 222220.doc .! . :¿!:¿ . I . ~ì~ - ¡ - wiw -.qi-.q . ~ . a: pr: - - z!z ....-!....- ""!"" ~I~ - I - C()O) 010 wlw (/)I(/) I i V EXISTING ROW CL ! I . I . I I ì i I ! ! I I I I I I I I I I I I .- ! I ~ ~ S 88° 18120" E 5.441 S 1° 46'33" W 2.121 ------------------ 6 = 91°05132" R = 19.()()1 L = 30.211 NTS 6 = 90°29134" R = 25.()()' L = 39.481 f- W w a: f- (/) I f- a N (Y) if) ~ 0 a: G z f- if) X w N 88°2010r W 7.441 W TAX LOT NUMBER 0921049164 N 1° 12'06" E 112.33' COO~W S 1° 12'07" W 21.32' 501 I I -' I I PROPERTY LINE N 88°18'14" W 10. ()()' FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS Qþ PREPARED BY: GCB DATE 09/13/00 CHECKED BY: JGM DATE 09/13/00 REVISED BY: DATE EXHIBIT MAP l-::f!,~/:/lI" fIlE NAIAE' Ch.yron.dly 13.S(P.2000 15'10'56 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 1500500100 The east 15.00 feet, containing 2,896 square feet, more or less, of the following described . parcel: Lot 10, Century, according to the plat thereof recorded in Volume 104 of Plats, pages 68 through 72, inclusive, King County, Washington; TOGETHER WITH that portion of Lot 11, of said plat, described as follows: Beginning at the southeast comer of said Lot 11; thence North 88°48' 13" West along the south line thereof a distance of 160.00 feet; thence North 1°12' 15" East a distance of 118.12 feet to the southwest comer of Lot 12 of said plat; thence South 88°47'45" East along the south line thereof a distance of 160.00 feet to the southeast comer of said Lot 12; thence South 1°12' IS" West along the east line of said Lot 11 a distance of 118.10 feet to the Point of Beginning. Original Signature made with blue ink 374673.doc PROPERTY LINE ~ ¡ NTS PROPOSED ROW TAKE cg(Q)~)f LOT 10 PLAT OF CENTURY TAX LOT NUMBER 1500500100 PROPERTY LINE FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 00/29/00 CHECKED BY: JGM DATE 00/29/00 REVISED BY: DATE 3; a a: (5 z: l- V) X w ~ ~ ! I EXISTING~ ! ROW CL ~ I- . 0) 10) í r a: IV) I- II II- I~ ,g 1>- 1« Is: II 1(5 I- II lu 1- ILL I~ Q. ffJl 151 ! I . . I 2i~ 3i!3i I -I - WIW ~~ a:a: -I - Zlz ...-1...- ~!~ I-!I- I -: - t--:l.O "'-l"-- ( - 0]0 w, w V)¡V) ¡ SECTION~ ~ LINE 'i . ! . . I G'II EXHIBIT MAP ":::f,~/:III" filE NAME' iu.dlv 29-SEP-2000 ID6'39 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 1500500120 The east 15.00 feet of the south 120.00 feet, containing 1,800 square feet, following described parcel: Lot 12, Plat of Century, according to the plat thereof recorded in Volume 104 of Plats, pages 68 through 72, inclusive, King County, Washington. Original Signature made with blue ink 374674.doc PROPERTY LINE LOT 12 PLAT OF CENTURY TAX LOT NUMBER 1500500120 PROPOSED ROW TAKE . . . . . ." . I I I I I I s 0 ~ a a: ~ CJ Z I- if) X ~ w NTS PROPERTY LINE FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS I EXISTING: ROW ~.. . . PREPARED BY: GCB DATE 09/14/00 CHECKED BY: JGM DATE 09/14/00 REVISED BY: DATE 65' 'I j. ,I !i Ii ii " .!! . :¿ !!:¿ . II . 3: ii 3: ,. - II - LÙiiLÙ ji -.::::t ,.-.::::t . ,I . a: ;1 a: :- i! :- z ;!z 'I ..-1...- N ;!N . 'I . I- 1- I- " 1- -" - I- t-- "tD ..- 1-"- " . Ii - 0 i-o w'!w U) !, U) ~ ~ ~ !i EXISTING ~ 85 ROW CL ~ 95 . II . I- ~::J ~o ~ if) ~>- ~<!:: ~3: ~I ~CJ z- ZI ZO C LL ~ - '0 ~<!:: ¡Q , SECTION i LINE ~ ~ ~ ! .., EXISTING ROW 151 (ÇjQ)WJ ~ 50' 4!> EXHIBIT MAP c-::r:n:fI'" rIlE NAME' jdL1.dlv 14 -SEP-2000 12'01'22 "EXHIBIT B" WALL EASEMENT FROM PARCEL NO. 1500500110 That portion of Lot 11, in the Plat of Century, according to the plat thereof recorded in Volume 104 of Plats, pages 68 through 72, inclusive, King County, Washington, described as follows: Beginning at the northeast corner of said Lot 11, also being the southeast corner of Lot 13 of said plat, being on the west margin of Pacific Highway South; thence along said west margin South 1°12' IS" West, 77.12 feet; thence perpendicular to said west margin North 88°47'45" West, 5.00 feet; thence parallel to said west margin North 1°12' IS" East, 77.12 feet to the north line of said Lot 11; thence along said south line South 88°48' 13" East, 5.00 feet to the Point of Beginning, containing 386 square feet, more or less. Original Signature made with blue ink 37 I 932_99_ease.doc LOT 13 TAX LOT NUMBER 1500500130 S 88° 4811311 5.001 PROPERTY LINE PROPOSED WALL EASEMENT LOT 11 PLAT OF CENTURY TAX LOT NUMBER 1500500110 N 88° 47'4511 W 5.001 FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS ~ I"-- I"-- ~ 3: I"-- I"-- = ~ ~ W ~ = ~ (/) ~ 0 ..--- Z I I I I I 3:1 01 0:: I CJI ZI -I 1--1 (/)1 XI WI I I I I I I I I I I I'" I I I I I PREPARED BY: GCB DATE 09/03/00 CHECKED BY: JGM DATE 09/18/00 REVISED BY: DATE . I I I I I I I I I I I i i i i . ¡i' ~ i i ~ 3: i i 3: i j : i j : W ijW ~;! ~ a: i! a: - i! - . 'I . Z !jZ I. N j!N . 'I . I-!jl- ,. - , I ,. I"-- i! <.D ..-- 'I ..-- . ! i . O!jO W I'W CI) i! CI) , I ! i ! j I j i j SECTION ¡!- LINE ~!! 85 I! 0: (/) Ii - EXISTING ¡ ¡ I ROW CL ~ ¡! ~ "'-i10 i! CI) i! >- I! <{ i! 3: 'I I ! j C) I. - i! I . I ! j 0 ! j u.. ! j 0 ! j <{ ! j CL ! j ! j ! j Ii I j ...' . II ¡ ! II II ~ ¡ NTS f...~-, D"- [FJ~ . ,'" \ ~ ',,--I 651 o!Þ EXHIBIT MAP [,;:¥,~i:lll" rIlE NAA4C jd;- 2wt.dlv 24-JUl-2000 10'55'45 "EXHIBIT B" WALL EASEMENT FROM PARCEL NO. 1500500130 That portion of Lot 13, in the Plat of Century, according to the plat thereof recorded in Volume 104 of Plats, pages 68 through 72, inclusive, King County, Washington, described as follows: Beginning at the southeast comer of said Lot 13, being on the west margin of Pacific Highway South; thence along the south line of said Lot 13 North ~8°48' 13" West, 5.00 feet; thence parallel to said west margin North 1°12' 15" East, 47.88 feet; thence perpendicular to said west line South 88°47'45" East, 5.00 feet to said west margin of Pacific-Highway South; thence along said west margin South 1°12' 15" West, 47.88 feet to the Point of Beginning, containing 239 square feet, more or less. Original Signature made with blue ink 371932_99 _ease.doc : i I. j! . I ._._._._._._._._._._._._._.~~~~-~~~~;._._._._._._._._._._._._._._._~_._. j j ¡ i i j i j , . I I i! . . I - :2!°:2 . I I . ~i !~ - i! - . . I . W! jW ""'" ! j -.;;t . I' - o:¡!o: . I :! j : Z!jZ ..- ! j ..- ~!j~ ~! i~ -! i - I j t-- . . t.O ..- I I ..- , . - I I - oj jO W"W (/) ! ! (/) I ~i j i i EXISTING ¡! 0) ROW CL ~ ¡ i ~ 'ii(/) . j e~.:'Y()lÕ)\V7 ¡ i ~ ~~~u-=-' V !. :::> I! 0 i! (/) . I ! j >- I' « j! ~ i! :c ¡! C) ,I - ! j :c !! 0 !! LL 'I - '. 0 !! « !! CL ! ! FOR INFORMA nON PURPOSES ONLY I I THIS DRAWING IS NOT A RECORD OF ' . I SURVEY NOR MEETS MINIMUM STANDARDS 1 I [EXISTING BEAUTIFICA TION EASEMENT -- -----------.:_, " ----------------~ " " , . " " " " " " " " " " " " " } I I I I.. I :3: 10 IQ: I IC) IZ 1- Ir- I(/) IX IW I LOT 13 PLAT OF CENTURY T AX LOT NUMBER 1500500130 S 88° 41'45" E 5 . ()() I PROPOSED WALL EASEMENT N 1° 12115" E 47.88' PROPERTY LINE N 88°48113" W 5.001 BY: GCB DATE 09/18/00 BY: JGM DATE 09/18/00 BY: DATE PREPARED CHECKED REVISED ~ ~ NTS 65' S 1° 12'15" W 47.88' 4Þ EXHIBIT MAP . l..; :~,~ 1:/11. ru NAME' jd;_Jwl.dlv H-JUL -2000 10'49'49 "EXHIBIT A" ACQUISITION FROM PARCEL NO. 7853600200 The west 15.00 feet, containing 3,000 square feet, more or less, of that property described in Statutory Wan-anty deed recorded under Recording Number 8412141051, lying within the northwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County Washington. Original Signature made with blue ink 375408.doc ! - I . ::2í::2 3i!3i I - ¡ - ., . ill I ill ~j~ IT:IT: : : z!z .-!~ <";!!<";! 1-11- - 1 - - I oo(j) - ¡ . 010 illlill U)¡U) ¡ ¡ , , ! V! EXISTING ! ROW CL æ 0) IT: U) :r:: I- :::> 0 U) >-- ~ 3: :r:: G :r:: 0 LL 0 ~ CL ¡ ¡ ¡ VI SECTION LINE I I ¡ ¡ ¡ ¡ ~ , .. ! SO' PROPERTY LINE v- PROPOSED /' ROW TAKE ~ ~ - NTS 15' TAX LOT NUMBER 7853600200 /::. '--::.-'. ~r::v(f ,. 'N..'. .. ......' '-')' .. .. .c.. ; ,'-. <. \:~"',~LJ- 3: 0 IT: G z I- U) X ill PROPERTY LINE ...' FOR INFORMATION PURPOSES ONlY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS ~ PREPARED BY: GCB DATE 04/03/00 CHECKED BY: JGM DATE 04/04/00 REVISED BY: DATE EXHIBIT MAP l':;:¥.~I:1'" fiLE NAME' no_p'op.dly 22-SEP-2000 15'52'50 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049241 The west 15.00 feet, containing 2,250 square feet, more or less, of the that parcel described in Statutory Warranty deed recorded under Recording number 6231273, lying within the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. Original Signature made with blue ink 374695.doc i i ~ ¡~ 2 . I I . ~ ¡~ ~ II :- i ¡ . Wo' W II ~¡~ ~ a: i! a: - i! . ' . . Z!¡ Z I. Ni! N . ' . . .-! ¡ .- I. _0 I I. co ¡! ill 0 I - I . . O'! 0 w!. W U)!¡ U) ! ¡ ! ¡ ! ¡ I ¡ ¡ i r EXISTING iÆ ROW CL , . II , . II , . II i ¡ i ¡ ¡ ¡ i ¡ . ¡ I. , I 0) I. 0) ¡! 0 I a:! i U) I. , . I. , I I. , I ! Vi SECTION ¡ i LINE . I' 0 I I' , I I' , I I' , I I' , I Ii i i i ¡ ; t , . II , . I I PROPERTY LINE ~ a a: G z .- U) x W ~ I NTS 151 TAX LOT NUMBER 0921049241 PROPOSED ROW TAKE----- ~ 50' FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 00/13/00 CHECKED BY: JGM DA TEoo/13/00 REVISED BY: DATE COO[F)W PROPERTY LINE I ...' , , I ø EXHIBIT MAP C~:¥.~I:II'1f filE NAME' p.<.dlv U-SEP-2000 15'29'46 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 7622400015 That portion of property as described in Statutory Warranty Deed, recorded under King County Recording Number 7501130290, being a portion of the north half of the northwest quarter of Section 16, Township 21 North, Range 4 East, W.M., in King County, Washington, being more particularly described as follows: Beginning at the southwest corner of said property, said point being on the easterly margin of Pacific Highway South; thence along said easterly margin North 1 °12' 15" East, 516.89 feet to the southerly limit of a section of extra width highway right of way as recorded under King County Recording Number 3722661; thence along the southerly line of said right of way South 88°47'45" East, 15.00 feet; thence along said easterly margin North 1°12'15" East, 229.33 feet; thence South 88°16'31" East, I.21 feet; thence parallel to said easterly margin South 1°12'15" West, 243.56 feet; thence North 88°47'45" West, 3.35 feet; thence South 2°27'47" West, 39.14 feet; thence parallel to aforesaid easterly margin South 1°12'15" West, 463.62 feet to the southerly line of said property; thence along said southerly line North 88°16'31" West, 12.00 feet to the Point of Beginning, containing 6,558 square feet, more or less. Professional Land Surveyor Stamp and Signature goes here. DO NOT RECORD WITH 0 UT LS S TAMP Original Signature made with blue ink 386076 99.doc I" ,I ," o_._._._o_._._._o_._._o~~~ 1~6-'-'-'-'_o_o_'-'_o_o_'-'-'_O_"_o_"_o_o_'_o_o_o_o_'-0_0_,_" I" 'I I- i! S. 320TH ST. ,I ,- ,I '" ,I 10 ,I . Ii . :¿j-:¿ . ,I . ~!i~ Ii :-ii :- wiiw ~ii~ ... . 0: !!o: II =-ii =- ZjiZ ..- ji..- N,'N . II . f- 'if- I- - i! - r-- i!<..D ..- '1"- I- . 'I . U!¡U WloW U) j!<n 'I I- 'I ,- 'I ," .1 10 ,I I" ,I r ,I r " r ,I r ,I !i.. Ii ~ ~ ~ - ~ - . . . . r . r ~ ~ ~ ~ ~ ~ --, ---, , , , , , , I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I õ) (J) ,~~~~~~~~~~~---,===-======= , , , , , , , , I I I ~: 01 0:1 I I C}I Z: f-I U)I -I XI W 0: U) S 88° 16'31" E 1.21' I f- ::) 0 U) >- « ~ I C) I U LL U « Û- h (V) æZo N~ (V) w-<::t N ÇQ3: ~ N ~ ~ - 0 lo ..- .- N Z .- ~ 65' NTS <n S 88°47'45" E 15.00' PROPOSED ROW TAKE TAX LOT NUMBER 7622400015 S 2°27'47" W 39.14' MATCH LINE SEE SHEET 1 FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS G PREPARED BY: GCB DATE 10/13/00 CHECKED BY: JGM DATE 10/13/00 REVISED BY: KWS DATE 06/20/01 EXHIBIT MAP SHEET 2 OF 2 l':;:~.~¡;¡111f rt.£ N""'£"""S_4.dlv Ij.OCY'2000 10'23'20 MATCH LINE SEE SHEET 2 I I I . : SECTION\~ I LINE ~ : ~ I ~ :EXISTING, ~ :ROW CL 'l : . l I 65' l ,-.. ì I I I ~ I . t . I ~f~ '--, .¡ . : ~,~ I -, - I wSw I I "<;tS"<;t I . S . ¡ ~,~ I zlz : .-!.- I m NIN I 0) ¡-: ì ¡-: I a:: . I (f) -!- I I I ~í~ ':r:: , I I- .,'. I ~ U U I 0 Wfw I (f) (f) (f) I I >- I : <t I I S I I:r:: I : C) I I:r:: I I r , I I '--/ I : u.. : ~ ! 50' : CL I I I I I : I ----ri I I , I ! I I I í PREPARED BY: GCB DATE 10/13/00 CHECKED BY: JGM DATE 10/13/00 REVISED BY: KWS DATE 06/20/01 ~ PROPOSED ~ ROW TAKE Õ) CX) ~ 1.0 W ~ ~ ~ N ~ ~ Ñ <.D (") <.D "<;t z ~ ~ 0 a:: C) z I- (f) X w ~ ~ 0 .- (f) NTS TAX LOT NUMBER 7622400015 :\ I I I I I PROPERTY LINE N 88016'31" W 12.00' FOR INFORMA nON PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS f) E XH I BIT MAP l-::¥.~¡;¡/II' SHEET 1 OF 2 FILE NI\IÆ' soars_J.dI. OJ.OCT -2000 10'22'22 -'. "EXHIB IT A" RIGHT OF WAY FROM PARCEL NO'S. 0921049159,0921049200,0921049256,0921049257,&0921049258 That portion of the west 300 feet of the north half of the south 15 acres of the northwest quarter of the southwest quarter and of the north 12 feet of the south half of the south 15 acres of the northwest quarter of the southwest quarter all in Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at a point on the easterly margin of State Highway No. I, where said line intersects the southerly line of said north 12 feet of above stated subdivision; thence along said easterly margin North 1°12'06" East, 259.12 feet to the northerly line of said parcel; thence South 88°10'45" East, 9.38 feet; thence South 1°12'23" West, 90.97 feet; thence South 88°47'37" East, 5.63 feet; thence parallel to said easterly margin South 1°12'06" West, 168.21 feet to the aforesaid southerly line; thence along said southerly line North 88°11'42" West, 15.00 feet to the Point of Beginning, containing 3,375 square feet, more or less. )I( EXPIRES 9/30bz... Original Signature made with blue ink 375400.doc .i ~ . ~L~ .. . ~.~ -, - W'w , ~~~ a:~a: - ~ - :i~:i N~N '-:~r-: ~ - 4 - ¡. co50> oS50 W w U)5U) 5 , ~ ~ rSECTION V LINE .. . 85 V~ EXISTING a: ~ ROW CL U) -~ :r:~ ~~ :::>~ o~ U)!I ; >-~ «~ ~" :r:~ C)~ :r:~ o~ -01 LL~ o~ « ¡- Qo! II Î¡ i¡ it !! II 50' s 0 a: C) z I- U) x w ~, I I I FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM ST ANDAADS PREPARED BY: GCB DATE 09/19/00 CHECKED BY: JGM DATE 09/19/00 REVISED BY: DATE S 88° 10'45" E 9.38' S 1° 12'23" W 90.97' S 88°47'37" E 5.63' PROPOSED ROW TAKE N 1012'06" E 259.12' ~ ~ NTS TAX LOT NUMBERS 0921049159 0921049200 0921049256 0921049257 0921049258 S 1° 12'06" W 168.21' (g@[?)W N 88° 11'42" W 15.00' PROPERTY LINE EXHIBIT MAP rIlE NAM(, h051.1d2.dlv ~ 29-5(P-2000 09'26'58 l.; :¥. ~ WillI