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Council PKT 12-19-2000 RegularCity of Federal Way City Council Meeting AGENDA COUNCILMEMBERS ,Mike Park, Mayor Jeanne Burbidge Linda Kochmar Michael Hellickson Dean McColgan Mary Gates Phil Watkins CITY MANAGER David H. Moseley Office of the City Clerk December 19, 2000 · AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall December 19, 2000 - 7:00 p.m. (www. ci.federal-way, wa. us) I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PRESENTATIONS a. Arts Commission/Introduction & Certificates b. City Manager/Introduction of New City Employees c. City Manager/Emerging Issues IV. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE 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 THREE (3} MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. V. 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; indivMual items may be removed by a Councilmemberfor separate discussion attd subsequent tnotion. ) a. Minutes/December 5, 2000 Regular Meeting b. 2001 Solid Waste & Recycling Service Options Review & Service Procurement c. Council Bill #259/2000 Year-End Budget Adjustment/Enactment Ordinance d. Dumas Bay Centre/Knutzen Family Theatre Food Services Contract e. Sign Incentive Funds f. Historical Society Proposed Use of Lodging Tax g. Final Facility & Tourism Plan & Lodging Tax Allocation Recommendation h. Airport Communities Coalition (ACC) Interlocal Agreement i. Yakima County Regional Interlocal Agreement j. Year 2001 Asphalt Overlay Program Preliminary Project List/Authorization to Bid k. 2000 Commute Trip Reduction (CTR) Act Professional Services Agreement 1. 2001 Planning Commission Work Program m. PCCI Janitorial Contract n. I5/SR18/SR161 Design Analysis & Study o. Enchanted Parks Right-of-Way Lease p. Sprint BPA Tower Wireless Lease/14th Avenue Way SW over please... · VI. PUBLIC HEARING So 298th Street Vacation Request Staff Report - Citizen Comment (please limit to 3 minutes per person) - City Council Deliberation - Resolution VII. CITY COUNCIL BUSINESS a. Courtyard Village Developer Agreement Extension. b. Airport Communities Coalition (ACC) Appointments. c. Cancellation of January 2, 2001 Regular Meeting VIII. INTRODUCTION ORDINANCES a. Council Bill #260/Cluster Subdivision Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE AND CHAPTER 20, THE FEDERAL WAY SUBDIVISION CODE, ADOPTING SPECIFIC AMENDMENTS, AND ADDING NEW REGULATIONS FOR CLUSTER SUBDIVISIONS. b. Council Bill #261/Crime Prevention Through EnVironmental Design Principles and Guidelines (CPTED) Zoning Code Amendments. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO INCORPORATE CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN PRINCIPLES AND GUIDELINES. IX. CITY COUNCIL REPORTS X. CITY MANAGER REPORT XI. EXECUTIVE SESSION a. Property Acquisition/Pursuant to RCW 42.30.110(DCo) b. Potential Litigation/Pursuant to RCW 42.30.110(D(i) XII. ADJOURNMENT ** THE COUNCIL MA Y ADD AND 'FAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THERE ARE 2 COMPLETE AGENDA PACKETS AVAILABLE FOR CITIZEN REVIEW OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Minutes for December 5, 2000 regular meeting. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a CITY MANAGER RECOMMENDATION: Move approval of the official minutes. APPROVED FOR INCLUSION IN COUNCIJ~-~C-x~ . PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # I: ICOVER. CLERK-1/7/O0 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 5, 2000 Minutes I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:03 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Dean McColgan and Michael Hellickson. Councilmember Watkins excused. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember McColgan led the flag salute. DEPUTY MAYOR KOCHMAR MOVED TO AMEND THE AGENDA FOR THIS EVENING'S MEETING TO ADD AN EXECUTIVE SESSION AGENDA ITEM, "POTENTIAL/PENDING LITIGATION," PURSUANT TO RCW 42.30.110(1)0); COUNCILMEMBER GATES SECOND. Deputy Mayor Kochmar reminded Council that the Council Rules of Procedure allows an item may be placed on a regular Council meeting agenda after the agenda is closed if the Councilmember making the request, explain the necessity and receives a majority vote of the Council at a public meeting; she noted this issue pertaining to pending and/or potential litigation has arisen which requires Council discussion. The motion to amend the agenda passed as follows: Burbidge yes McColgan yes Gates yes Park yes Hellickson yes Watkins excused absence Kochmar yes Federal Way City Council Regular Meeting Minutes December 5, 2000 - Page 2 m. PRESENTATIONS a. Planning Commission Introductions/Certificates Councilmember McColgan thanked all who applied for the vacant commissioner postions, and introduced the newly appointed Planning Commissioner: Dini Duclos, Nesbia Lopes, and Bill Drake who will all serve 3 year terms. b. City Manager/Introduction of New City Employees City Manager David Moseley announced new employee, Zenaida Broadsword, who will fill the Records Specialist vacancy within the Public Safety Department. c. City Manager/Emerging Issues City Manager David Moseley announced there were no emerging issues this evening. IV. CITIZEN COMMENT There was no citizen comment. V. CONSENT AGENDA a. Minutes/November 21, 2000 Regular Meeting -Approved b. Vouchers -Approved c. Monthly Financial Report/Month of October -Approved d. Council Bill #258/Adult Uses Code Amendment/Enactment Ordinance ,Approved Ordinance #00-379 e. 2001 Skyhawks Sports Academy, Inc. Contract -Approved COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. Councilmember Hellickson pulled Consent Item (d)/Council Bill #258/Adult Uses Code Amendment. The motion to approve Consent Agenda Items (a), (b), (c), and (e) passes as follows: Burbidge yes McColgan yes Gates yes Park yes Hellickson yes Watkins excused absence Kochmar yes Federal Way City Council Regular Meeting Minutes December 5, 2000 - Page 3 Consent Item (d)/Council Bill #258/Adult Uses Code Amendment. Councilmember Hellickson stated that he could not support this code amendment. DEPUTY MAYOR KOCHMAR MOVED APPROVAL AND ENACTMENT OF CONSENT AGENDA ITEM (D)/ COUNCIL BILL #258/ADULT USES CODE AMENDMENT; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge yes McColgan no Gates yes Park yes Hellickson no Watkins excused absence Kochmar yes VI. PUBLIC HEARING Mayor Park opened the public hearing at 7:10 p.m. Moratorium on Cluster Subdivisions - Staff Report Interim Director Kathy McClung reported the Planning Commission and Land Use Transportation Committee have been reviewing the current cluster subdivision code, including site visits to actual cluster subdivisions in neighboring cities. She noted the proposed Ordinance is ready to come before Council at this time, however, staff is requesting Council adopt the draft Resolution and continue the moratorium an additional 30 days, until January 31, 2001, in order to allow the completion of Land Use Transportation Committee and full Council review of the proposed amendments to the cluster subdivision code amendment. - Citizen Comment There being no citizen comment, Mayor Park closed the public hearing at 7:15 p.m. - City Council Deliberation A brief discussion by several Councilmembers ensued. - Resolution COUNCILMEMBER BURBIDGE MOVED APPROVAL OF THE DRAFT RESOLUTION CONTINUING THE CLUSTER SUBDIVISION MORATORIUM TO JANUARY 31, 2001; DEPUTY MAYOR KOCHMAR SECOND. The motion passed 5-1 as follows: Burbidge yes McColgan yes Federal Way City Council Regular Meeting Minutes December 5, 2000 - Page 4 Gates yes Park yes Hellickson no Watkins excused absence Kochmar yes VII. CITY COUNCIL BUSINESS Arts Commission Appointments Councilmember Burbidge stated her appreciation to all applicants who applied and interviewed for the Arts Commission vacancies. She announced Alan Smith, Ron Smith and Lana Bostic as new commissioners, filling 3 year terms; and Iris Marshall, Margaret Douglas, and Regina Bigler as new alternate commissioners, filling 3 year terms. COLINCILMEMBER BURBIDGE MOVED APPROVAL OF THE ANNOUNCED ARTS COMMISSIONERS TO FILL 3-YEAR TERMS; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge yes McColgan yes Gates yes Park yes Hellickson yes Watkins excused absence Kochmar yes VIII. INTRODUCTION ORDINANCE Council Bill//259/2000 Year-End Budget Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1999-00 BIENNIAL BUDGET (AMENDS ORDINANCE 98-325, 99-338, 99-345, 99-356 AND 00-368). COUNCILMEMBER GATES MOVED COUNCIL BILL//259/2000 YEAR-END BUDGET ADJUSTMENT TO A SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING DECEMBER 19, 2000; COUNCILMEMBER BLIRBIDGE SECOND. The motion passed as follows: Burbidge yes McColgan yes Gates yes Park yes Hellickson yes Watkins excused absence Kochmar yes IX. CITY COUNCIL REPORTS Councilmember Gates announced the next meeting of the Finance/Economic Development/ Regional Affairs Committee will be held December 11~h at 2:00 p.m. She reminded Council that Federal Way City Council Regular Meeting Minutes December 5, 2000 - Page 5 Association of Washington Cities (AWC) are currently forming committees, and to advise Derek Matheson by December 15t~, and congratulated Councilmember Burbidge on her appointment to the Suburban Cities Appointments Committee. She further noted the 30~h District Legislators will be visiting City Hall to discuss Federal Way's legislative agenda, and updated Council on her attendance to various regional meetings. Councilmember Burbidge announced the next meeting of the Parks/Recreation/Human Services/ Public Safety Committee will be held Monday, December 11th at 12:00 p.m.; and updated Council on her attendance at various regional meetings, including the Growth Management Planning Council and the Regional Law, Safety and Justice Committee. She extended "kudos" to Public Safety Officers Everly, Drake, Orta and Grossnickle; whom are the recipients of a citizen letter praising the officers for acting in a professional manner while serving the citizens of Federal Way. Councilmember Hellickson reminded citizens of the upcoming benefit auction held at the King County Aquatics Center December 16~h; all money raised will benefit the local food bank Councilmember McColgan announced the next meeting of the Land Use/Transportation Committee will be held December 18'h in Council Chambers; he also recognized Dave Osaki, who was appointed as alternate Planning Commissioner for a 3-year term. Deputy Mayor Kochmar noted her attendance at many community and regional meetings; and invited citizens to attend the open house and public forum on Friday, December 8~' in Council Chambers for the candidates of the Public Safety Director position. She noted Federal Way is hosting the next Suburban Cities meeting on December 13th; and extended a thank you to Public Works Director Cary Roe, from the emergency management group, for being supportive of their efforts. Mayor Park stated he recently attended the South County Mayors meeting, and noted he was particularly proud of the City of Federal Way's 2001 property tax rate in comparison to other cities, working within the parameters of 1-695 and 1-722. He also attended the Safe Cities meeting with Interim Public Safety Director Tom Chaney and will attend the Economic Development Oversight Committee December 6~h at 8:00 a.m. X. CITY MANAGER REPORT City Manager David Moseley reminded Council of the public reception/forum and the beginning of a two and a half day process of interviews for the new Public Safety Director position. Mr. Moseley also reminded Council of Federal Way hosting the next Suburban Cities meeting Wednesday, December 13~' at the new Holiday Inn, where they will be discussing the legislative agenda. He noted the Public Safety Department is participating in the holiday DWI emphasis patrol on December 15~, with the national program "Night of 1,000 Stars"; he invited Council and citizens Federal Way City Council Regular Meeting Minutes December 5, 2000 - Page 6 interested in participating in a patrol ride-along contact Interim Chief Chaney's office. City Manager David Moseley announced the City/Korean Community Leaders meeting will be held December 14th at 6:30 p.m. in Council Chambers. Mr. Moseley further reminded Council of the need for an executive session for the purposes of discussing Collective Bargaining/Pursuant to RCW 42.30.140(4)(a), Review Performance of Public Employee/Pursuant to RCW 42.30.110. (1)(g), Property Acquisision/Pursuant to RCW 42.30.110(1)Co), and Potential/Pending Litigation/Pursuant to RCW 42.30.140(1)(i); it will last approximately forty-five minutes with action anticipated. XI. EXECUTIVE SESSION a. Collective Bargaining/Pursuant to RCW 42.30.140{4)(a) b. Review Performance of Public Employee/Pursuant to RCW 42.30.110(1)(g) c. Property Acquisition/Pursuant to RCW 42.30.110(1)(b) d. Potential/Pending Litigation/Pursuant to RCW 42.30.110(1)(i) (ADDED) At 7:34 p.m. Mayor Park announced Council will be recessing to an executive session for approximately forty-five minutes, with action anticipated. At 8:15 p.m. Assistant to the City Manager Derek Matheson extended the executive session an additional 30 minutes. At 8:45 p.m. Assistant to the City Manager Derek Matheson extended the executive session an additional 10 minutes. Council returned to chambers at 8:50 p.m. COUNCILMEMBER BURBIDGE MOVED TO DIRECT THE CITY MANAGER TO ENTER INTO THE COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE GUILD AND SIGN THE MEMORANDUM OF UNDERSTANDING EXTENDING THE LABOR CONTRACT TO DECEMBER 31, 2001; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge yes McColgan yes Gates yes Park yes Hellickson yes Watkins excused absence Kochmar yes As provided by the existing City Manager contract, Councilmembers unanimously concurred to award the full amount of $5,000 as pay for performance for 2000; salary increase of 3.5 % for the year 2001; and is eligible for a 8.48% pay for performance in 2001. Federal Way City Council Regular Meeting Minutes December 5, 2000 - Page 7 Councilmembers individually expressed their gratitude and appreciation to City Manager David Moseley for an excellent job, noting his fine work in the area of budgeting with the effects of 1- 695 and I~722, and working to involve the citizens in this years budget process. They commended him for taking control from day one, improving employee relations and regional relationships in serving on the Association of Washington Cities Board of Directors. Mr. Moseley's was also praised for his effective communication with citizens, staff and Councilmembers. City Manager David Moseley thanked Council for their support, and noted it was a pleasure and next year will bring additional challenges to staff, citizens and Council. XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at 8:59 p.m. Stephanie D. Courtney Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2001 Solid Waste and Recycling Service Options Review and Service Procurement CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER .... '~ ¥ ¥ X'i~ i:i ~'~' i~ ¥ ~' i'"-'~'~'~';~'""~ 3.'""i~'~"~'~'~ ~ ~'~' ~'""~ ~3. ~ 3.~'~'~'""i3'~' ~' ~ i~3. ~ ~' ~'~ ~'""~'~ ~'"'g'~ ~'3' ~'~ ~'""× ~;~' ~'~:~""'~' 3' ~'~'~' ~' ~"~'k¥~ ~3'ki~'' November 28, 2000. services with Waste Management/Federal Way Disposal. The existing contract expires at the end of 2001. The City is initiating a procurement process now to allow ample time to select desired service options and ensure a smooth service transition should a new service provider be selected. The procurement process focuses on choosing the desired range of collection services and ultimately selecting and contracting with the new vendor. However, this process will not preclude renegotiation with the existing contractor if appropriate. The procurement process will consist of the following three components. The City Council will review and provide policy direction to each of these components in order to complete the procurement process. 1. Development and Review of Operating Cost Models - This includes a review of financial records and updating proforma operating cost models. This will allow the City to estimate present and future costs for operating the Solid Waste and Recycling utility, and determine the most cost-effective alternatives for servicing customer groups (single family, multi-family, commercial, and drop-box). The proforma operating cost models link to a rate model. The compensation and rate setting methodology will also be reviewed and selected. 2. Preparation for Service Provider Procurement - This includes reviewing and selecting service options, preparation of a sample contract for inclusion in the procurement packet, and selecting the vendor procurement method. 3. Completion of Service Provider Procurement - This includes review of the proponent submittals and award of the contract to the new service provider. Any corresponding updates needed for the City Code will be made to reflect pending service changes and the new customer group service configurations. Economic Development and Regional Affairs Committee discussed the options review and procurement process and recommended the following item be placed on the December 19, 2000 Council consent agenda: Approve the 2001 Solid Waste and Recycling Services Options Review and Procurement Process. CITY MANAGER RECOMMENDATION: Motion to approve the 2001 Solid Waste and Recycling Services Options Review and Procurement Process. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # k:\council\agdbills~2000\sw&r service procurement process.doc DATE: November 28, 2000 TO: Finance, Economic Development and Regional Affairs Committee FROM: Rob Van Orso~d.~ ~x~ste and Recycling Coordinator ~----'~. ',--)...~ ~ VIA: David H. M0~sele~ ~l~M~ager SUBJECT: 2001 Solid Waste ~[nd Recycling Services Options Review and Services Procurement BACKGROUND The City's contract with Wast~ Management/Federal Way Disposal for solid waste and rec~,cling services expires at the end of 2001. This memorandum outlines the process for reviewing solid waste and recycling service options, selecting a preferred service strategy, and procuring a service provider. The City has contracted for solid waste and recycling services since 1993. The City has never had the opportunity to formally pursue an open procurement process, so this is an important opportunity to explore options and consider service changes that will benefit ratepayers. There are several key points to consider throughout this process including service extended to annexation areas, future rate adjustment mechanisms, disposal cost pass-through mechanisms, and service option upgrades. The upgrades could include the expansion of multi-family recycling services, the addition of community- wide "spring clean" services, increasing the range of materials targeted in recycling programs, and increasing service efficiencies through improved collection technologies. Initiating the procurement process now will allow ample time to select desired service options and ensure a smooth service transition should a new service provider be selected. However, this process will not preclude renegotiation with the existing contractor, if appropriate. DISCUSSION The procurement process will consist of the following three components. The City Council will review and provide policy direction on each of these components in order to complete the procurement process. 1. Debelopment and Review of Operating Cost Models and Compensation Methodology This includes a review of financial records and updating pro forma operating cost models. This will allow the City to estimate present and future costs for operating the Solid Waste and Recycling utility, and determine the most cost-effective alternatives for servicing customer groups (single family, multi-family, commercial, and drop-box). The pro forma operating cost models link to a rate model. The compensation and rate setting methodology will also be reviewed and selected. 2. Preparation for Service Provider Procurement This includes reviewing and selecting service options, preparation of a sample contract for inclusion in the procurement packet, and selecting the vendor procurement method. FEDRAC Memorandum - SW&R Services Options Review and Procurement November 28, 2000 Page 2 3. Completion of Service Provider Procurement This includes review of the proponent submittals and award of the contract to the new service provider. Any corresponding updates needed for the City Code will be made to reflect pending service changes and the new customer group service configurations. Further details on these three components are included in the attached outline. RECOMMENDATION Staff recommends placing the 2001 Solid Waste and Recycling Services Options Review and Service Procurement Process on the December 19, 2000 City Council consent agenda for approval by the City Council. -. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2000 Year-End Budget Adjustment CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION Amount Budgeted: $ X ORDINANCE STAFF REPORT Expenditure Amt: $11,407,515 BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Year-End Budget Adjustment Ordinance SUMMARY/BACKGROUND: This is an ordinance to adjust the 2000 budget for year-end adjustments. Many of these adjustments are housekeeping in nature and have been previously approved by Council. CITY COUNCIL COMMITTEE RECOMMENDATION: The Finance, Economic Development, and Regional Affairs Committee, during their meeting on November 28th, reviewed and recommended forwarding the Year-End Budget Adjustment to the full Council for approval. CITY MANAGER RECOMMENDATION: Motion to move the year-end budget adjustment ordinance to second reading on December 19th. APPROVED FOR INCLUSION IN COUNCIL PACK~ ~/t ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # ,~, __DENIED 1st READING TABLED/DEFERRED/NO ACTION ENACTMENT READ ORDINANCE # RESOLUTION # ..... ........... CITY OF FEDERAL WAY MEMORANDUM Date: November 28, 2000 To: Finance, Economic Development & Regional Affairs Committee Via: David H. Mosel~y, (~~r From: Marie Uosley, Deputy' Uanagemeht Services Director "~J~ Subject: Year-End Budget Adjustment Ordinance Back~round The majority of the adjustments included in the year-end budget adjustment are housekeeping in nature and have been previously approved by Council. All funds, except the General and Street fund are designated for specific purposes provided by state statute or council action. Fund Balance Adjustment: The final closing of the 1999 books resulted in a decrease of fund balance in the amount of $64,275 in the General Fund and an increase of $9,945 in the Surface Water Management Fund. This is due to final closing entries made after the approval of the carry forward budget adjustment. General & Street Fund Operations: The expenditure adjustments total $593,324 and consist of the following: legislative rezone application ($12,560), expedited plan review ($112,086), legal services ($4,765), and various public safety line items funded by overtime security, grants and contributions, seizures and traffic school ($463,913). All these adjustments have an offsetting revenue source. Capital Project Funds: Capital project adjustments total $10,705,319, which is primarily to recognize mitigation/fee-in-lieu received ($1,334,169) in 2000, grants/contributions and reimbursements ($6,603,170), and reallocation of downtown bond proceeds and other miscellaneous transfers into various transportation projects ($2,767,980). Proprietary Funds: Proprietary fund adjustments include Dumas Bay Operations ($31,923), which is funded by additional revenues anticipated, Mail & Duplication Services ($18,000) and Information Systems ($58,949). The adjustment in Mail & Duplications is due to underestimating Muni-Court costs and is funded within the existing Muni-Court general fund budget. The adjustment for Information Systems is funded with replacement reserves ($57,321), and reallocation of existing Parks Operations general fund budget ($1,628). Action Requested Motion: Recommend approval of the attached year-end budget adjustment in the amount of $11,407,515. APPROVAL OF COMMITTEE REPORT Committee Chair: MaryGates' ,'~"'/,'~'f ~Committe~~~. Committee Member: Michael Hellicks, o~¢~~/ K :\FIN~B1ENNIAL\ORDINANC\00yndadjcvr. DOC CITY OF FEDERAL WAY 2000 YND BUDGET ADJUSTMENT General Fund: Community DeveloDmerlt Legislative Rezone Application-Consulting Services $ 12,560 Expedited Plan Review-Planning-Offset by Revenues 46,110 Expedited Plan Review-Building-Offset by Revenues 27,446 Legal Services-Offset by reimbursements from Verizon, Voicestream & City of Seattle 4,765 Public Safe~_ Increase Police Budget-OT Security ($131,051), Grants & Contributions ($51,383), Federal & State Seizures ($236,719), Traffic School ($44,760) 463,913 Street Fund: Expedited Plan Review-Development Review-Offset by Revenue 38,530 i S[lbtotal Gerleral& Stree~F~nd: : i i: i Arterial Street Fund: WSDOT Share of Federal Way Park & Ride Lot 2 20,100 Parks ClP Fund: Appropriate BPA III Mitigation Fees Received 7,708 Appropriate Fee-in-Lieu Received 1,883 Surface Water Management Fund: Transfer to SR99 and South 320th Transportation ClP 160,000 Transfer to SR99 Phase I Transportation CIP 211,000 Transfer from Unallocated to Transportation CIP (SR99 and South 320th) 44,626 Appropriate KC Conservation District Grant 23,791 SeaTac Mall Detention-Appropriate Fee-in-Lieu ($42,022) and Arco Reimbursement ($122,980) 165,002 Traffic CIP Fund: S 336th to SR99-Appropriate Mitigation Fees Received ($150,185) and Reimbursements ($2,332) 152,517 Transportation CIP Fund: S 336th & SR99-Appropriate Mitigation Fees Received 74,093 S ;~56th & SR99-Appropriate Mitigation Fees Received 185,994 23rd Ave So-Source is Downtown Revitalization ($835,144) and Grants ($356,867), Mitigation Fees Received ($228,277) 1,420,288 S 320th & SR99-Mitigation Fees Received ($65,626), Traffic CIP ($66,736), Downtown ($1,079,474), SWM ClP ($204,626), Grants & Reimburse 3,036,854 Pac Highway HOV Phase I-Source is Grants ($2,445,708), SWM ClP ($211,000), Mitigation Fees Received ($121,891) 2,778,599 South 330th Street at SR99 Intersection Improvements-Source is Grant Funds ($220,000) and Mitigation Fees Received ($6,850) 226,850 Pac Highway HOV Phase II-Mitigation Fees Received ($371,088), Grants & Reimbursements ($1,791,000) 2,162,088 So 312th & 8th Traffic Signal-Appropriate Mitigation Fees Received 5,319 S 336th & Weyerhauser Way-Appropriate Mitigation Fees Received 17,000 So 320th & 1st Ave-Appropriate Mitigation Fees Received 11,607 S~btota[ CaP, !,ta! Pir°)~cts Fund $i0/705~3'19 Dumas Bay Centre: Retreat Centre-increased Activity-Offset by Additional Revenues Anticipated 31,923 Mail & Duplication Services Fund: Muni-Court Postage & Copier Rental 18,000 Information Systems Fund: Purchase of Computer for Parks & Recreation (Part of automated irrigation and lighting system at Celebration Park) 1,628 Purchase of 9 radios for Police vehicles-source is Replacement reserves for ($21,068), and 1 Risk Management ($2,633) 23,701 Purchase of 8 Laptops-Source is Replacement Reserves ($26,896) and 2 from Risk Management ($6,724) 33,620 11121/2000 01:01 PM 00yndadjnew sum00 1 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1999-00 BIENNIAL BUDGET (AMENDS ORDINANCE 98-325, 99-338, 99-345, 99-356 AND 00-368). WHEREAS, certain revisions to the 1999-00 Biennial Budget are necessary; and WHEREAS, these revisions are a result of the final biennium budget adjustment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 00-368, Section 1, is hereby amended to adopt the revised budget for the years 1999-00 biennium in the amounts and for the following purposes: Section 1. 1999-00 Biennial Budget. That the budget for the 1999-00 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ("2000 Revised Budget"). Section 2. 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 1 Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2000. - CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, BOB STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K Min\bienniahordin~nce\OOyndadjord.doc ORD. # ., PAGE 2 MEETING DATE: December 19, 2000 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Dumas Bay Centre/Knutzen Family Theatre Food Services Contract CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ 650,000 ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS __PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Council Committee action form dated December 11, 2000; draft First Amendment. SUMMARY/BACKGROUND: The current food services contract with Caf6 Pacific Catering expires on December 31, 2000. Caf6 Pacific has provided services at the Dumas Bay site for seven years. They maintain a very good reputation with our customers and staff is pleased with their performance. The proposed catering contract for $650,000 would be over a three-year term. The City charges the retreat/ conference/theatre customer for all catering charges. The food services vendor bills the City for catering fees. I'he City retains a 15 % compensation for all gross food revenue and 15 % compensation on all premise liquor sales. Additionally, the food services vendor pays a $500 per month leasing payment for the use of the facilities. The contractor assumes the maintenance and repair on kitchen equipment and refrigeration and general custodial duties of the kitchen facility. The city remits payment only when food services are ordered. There is no impact to the general fund budget. CITY COUNCIL COMMITTEE RECOMMENDATION: On December 11, 2000, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to approve a three-year agreement with Caf6 Pacific Catering for food services at Dumas Bay Centre/Knutzen Family Theatre. CITY MANAGER RECOMMENDATION: Motion to approve three-year agreement with Caf6 Pacific .... ........................................................................................................................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED COUNCIL BILL # TABLED/DEFERRED2NO ACTION 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:cafepac-12/12/00 'ITI~ 5.B CITY OF FEDERAL WAY CITY COUNCIL Parks, Recreation, Human Services & Public Safety Council Committee Date: November 16, 2000 : From: Mary Faber, Community and Cultural Services Manager Via: David Mo~~NM~ager Subject: Dumas Bay Cen'tre/Knntzen Family Theatre Food Services Contract Background: The current food services contract with Caf6 Pacific Catering expires on December 3 i, 2000. Caf6 Pacific has provided services at the Dumas bay site for seven years. They maintain a very good reputation with our customers and staff is pleased with their performance. Staff prepared a Request for Catering Proposal (RFP) and advertised in the Federal Way Mirror, in accordance with City policy. In addition, the RFP was posted on the City's WEB page. One Proposal was submitted by Caf6 Pacific Catering. The proposed catering contract for $650,000 would be over a three-year term. The City charges the retreat/conference/theatre customer for all catering charges. The food services vendor bills the City for catering fees. The City retains a 15% compensation for all gross food revenue and 15% comPensation on all premise liquor sales. Additionally, the food services vendor pays a $500/month leasing payment for the use of the facilities. The contractor assumes the maintenance and repair on kitchen equipment and refrigeration and general custodial duties of the kitchen facility. The City remits payment only when food services are ordered. There is no impact to the general fund budget. A copy of the Caf6 Pacific Catering Proposal is included for your review. Committee Recommendation Motion to place on the December 19, 2000, Council agenda under consent, to accept the proposal and authorize the City Manager to enter into a three-year agreement with Caf6 Pacific Catering for food services at Dumas Bay Centre/Knutzen Family Theatre. DRAFT SERVICES AGREEMENT FOR DUMAS BAY CENTRE CATERING This Services Agreement ("Agreement") is dated effective this 1st day of January, 2000. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Cafe Pacific Catering, Inc., a Washington corporation ("Contractor"). A. The City seeks the temporary services of a skilled independent contractor capable of working without direct supervision, in connection with providing catering services for retreats, meetings or other activities at the Dumas Bay Centre, located at 3200 S.W. Dash Point Road, Federal Way, Washington ("Centre"); and B. The Contractor has the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. 1.1 Scope of Services. Contractor shall provide all food and catering services required by the City, including, without limitation, food preparation and food service for Centre activities as outlined in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. Contractor shall provide and maintain, which the City may use, a coffee maker and air pots. Contractor shall provide and maintain an ice maker. Pitchers of ice water and cups will be provided for all meeting rooms in use at no charge. 1.2 Customer Service. Contractor and all of its employees, agents, or representatives shall provide the highest quality of customer service and shall treat all persons at the Centre with courtesy and respect. Contractor shall honor all reasonable requests for refunds or replacements, including requests from customers who are dissatisfied with any food or beverage sold by the Contractor. 1.3 Employee Appearance. Ail of Contractor's employees, agents, representatives or licensees shall have a neat, clean and sanitary personal appearance and those who come in direct contact with the public shall wear a uniform which distinguishes them as employees of Contractor. 1.4 Staffing. The Contractor shall provide sufficient staff in order to prevent undue delay to the public in obtaining the Services. 1.5 Supplies. The Contractor shall provide all plates, dishes, pans, glasses, silverware, napkins, linens and all other supplies to be utilized in preparing and serving the food; provided, however, that the City will provide the kitchen facilities for the food preparation. 1.6 Minimum. The City agrees that Contractor will only be responsible to supply the Services for Centre events having a minimum of ten (10) participating persons. 1.7 Notice. The Services will be provided to the City as the Services are needed by the City. The City agrees to provide Contractor with a minimum of ten (10) days notice of any Centre event that Contractor is expected to provide the Services. The City agrees to notify Contractor of any increase in the initial number of persons to be serviced within forty-eight (48) hours of the Centre event. 1.8 Pricing. The pricing set forth in Exhibit "A" is the cost the Contractor will charge the City for delivering the Services for overnight retreats; provided, however, that the City may, at its election, charge an increased amount per food item to Centre participants. Contractor will remit Five Hundred and no/100 Dollars ($500.00) per month for the exclusive use of the Centre's main kitchen. 1.9 Cleaning and Maintenance Schedule. In addition to obvious food preparation cleanup, Contractor will sanitize the counters, buffet and eating surfaces and sweep/spot vacuum the floors of the kitchen and banquet room(s) being served in once after each meal. Waste bins and recycling will be emptied on an as-needed (at least once daily) basis in the main kitchen and the banquet room(s) being served in. Contractor will scrub and sanitize the main kitchen floor including the walk-in refrigerator, vacuum banquet rooms 1, 2, 3 and 4, and polish all the stainless equipment in the main kitchen once each week. Contractor will - 2 - inspect the hoods and professionally clean hoods annually. Ail other main kitchen equipment and refrigeration will be maintained and repaired as needed at Contractor's expense. 1.10 Damage to Kitchen. If the kitchen or any part thereof is damaged by any cause other than the sole negligence of the City, its employees or agents, Contractor shall, at its sole cost and expense, restore the kitchen to a condition equivalent or better than its condition immediately prior to such damage. 1.11 Emergency. The City reserves the right to access and inspect the Centre's main kitchen in cases of emergency. The City shall provide at least 24 hours notice to the Contractor of the need for such access. Should the City require emergency access due to a declaration by the City Manager, the City's access to the refrigeration and heating units shall be utilized in a manner that will not affect the ability of the Contractor to maintain operations. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Services, but in any event no later than December 31, 2003 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Contractor may cancel this Agreement only upon thirty (30) days prior written notice to the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the food services, the City agrees to pay the Contractor an amount equal to the amount collected by the City for food services delivered by the Contractor, exclusive of state sales tax, calculated on the cost schedule set forth in Exhibit "A", attached hereto and incorporated herein by this reference. In consideration of the Contractor performing all other Services, the City agrees to pay the Contractor an amount equal to eighty-five percent (85%) of the gross revenue collected by the City from Centre participants, - 3 - excluding state sales tax, from the sale of all food and beverage at the Centre provided by Contractor. 4.2 Method of Payment. Payment by the City for the Services will be made by paying fifty percent (50%) of the amount due to the Contractor prior to the rental at which Services will be provided and the remainder will only be made after the Services have been performed. At the completion of the Services, Contractor shall submit to the City a voucher or invoice in the form specified by the City, which invoice shall specifically describe the Services performed, the names of Contractor's personnel performing such Services, the number and types of meals served during the billing period, and the same is approved by the appropriate City representative. 4.3 Contractor Responsible for Taxes. The City shall pay Washington state sales tax from the sale of the food and beverage supplied by the Contractor to Centre participants. Except as otherwise provided in Section 4.1 hereof, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended, including, but not limited, to the following: (I) Federal, state and local health, safety and licensing laws relating to the sale of food; (ii) City code provisions requiring any person or entity doing business in the City to obtain a business registration. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. - 4 - 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor 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 to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and 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 - 5 - extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; - 6 - 11.2 Commercial general liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. Should Cafe Pacific obtain a class "H" liquor license, the Agreement will be amended to increase liability insurance. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Work Product. Ail originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. - 7 - 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 15. General Provisions. 15.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 15.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 15.3 Full Force and Effect. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 15.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. - 8 - 15.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 15.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 15.8 Governinq Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 15.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 15.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 15.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 15.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 15.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. - 9 - 15.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 15.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. DATED the day and year set forth above. CITY OF FEDERAL WAY By: David Moseley, City Manager 33530 1st Way South Federal Way, WA 98003 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, CAFE PACIFIC CATERING, INC. By: John Hatcher Its: President P.O. Box 23477 Federal Way, WA 98093 (206) 839-7303 K:/dbc/ca f epaccont ract - 10 - "Exhibit A" The City of Federal Way and Cafe Pacific Catering mutually agree to the menu content and pricing listed below. Caf~ Pacific will at all times try to accommodate dietary needs with in the budget of the set cost. Any extraordinary cost will be assessed prior to the events and the City will be notified of the pricing change prior to initiating a final contract. To'ensure menu variety, the City of Federal Way and Cafe Pacific Catering will meet in November of each year to determine menu content and changes. I. BREAKFAST MENU LightContinental -$3.49perpers0n Coffee service: (Regular, Decaf, black and assorted Herbal Teas, Hot Chocolate), Choice of two baked Breads (Bagels, sides cream Cheese, assorted Muffins, Coffee Cake, Apple Strudel, Banana Nut Bread) Full Continental - $5.50 per person Same as above, also to include: (Juice, Fresh Fruit, Yogurt, Cold Cereal w/ Skim & 2%) Break.st -$6.75perperson Ail breakfasts include Coffee Service, Juice, Bagels and Cream Cheese, Fresh Fruit: Circle One Circle Two Old Fashioned Bacon Assorted Muffins Oatmeal w/Brown Sugar, Cinnamon Q Sausage Patties Coffee Cake Scrambled Eggs, Cheese, Salsa and Canadian Bacon Banana Nut Bread Hash browns (Turkey) French Toast Ham Apple Strudel Bars Ham and Cheese Assorted Yogurt Strata Vegetarian Strata Hard Boiled Eggs Served warm or cold - 11 - II. Lunch Menu - $8.00 per person Deli Lunch: Includes several types of sandwiches (Veggie Wraps always included, Grapes, raw Carrots, Pickles and Soda Sandwiches Choose Two from each Group Garden Salad Assortment of w/ 2 Broccoli Deli Ham & Swiss dressings, 0 & Salad Sandwiches Wrap V Chopped Italian Assorted Caesar Salad Salad Focaccia Grinders Spinach with Veggie Salad Chicken Creamy Greek Salad Salad Tarragon Salad Croissant Q Croissant Mediterranean Chips and Turkey Club Tuna Pasta Salad Salas Wrap Croissant Tri-color Baked Beans Beef and Hummus Pita Coleslaw Cheddar Wrap Q Old fashioned Sesame Soba Potato Salad Salad Red Potato Soup Lunches: Includes two Soups Salad and, two Salads Grapes, raw Carrots, Crackers and Sodas. Soups: Choose Two Tomato Basil ~ Yankee Pot Roast Chicken Noodle Smoked Salmon and Corn Chowder Zesty Lentil Orzo Chili con Carne Soup Du Jour Vegetarian Chili Sides Choose Two Garden Salad Caesar Salad Spinach with Mediterranea w/ 2 Creamy n Pasta dressings, 0 Tarragon Salad Salad &V Chopped Salad Broccoli Old Fashioned Red Potato Salad Potato Salad Tri-color Sesame Soba Creamy Italian Slaw Salad Salad Hot Lunches: Includes One Entree, Two sides, Grapes, raw Carrots, Pickles and Sodas. Entrees Choose One - 12 - Baked Chicken Baked Potato Bar Roast Pork Loin © Dijon Lasagna (also Taco Bar Grilled Vegetable veggie available) Pasta Q Chicken Enchilada Smoke Salmon and Chili & Cheese (also Shells Alfredo EnchiladaQ Chili & Cheese available) III. Dinner Menu - $13.25 per person Dinner Menu: Include One Entr6e, Three Sides, Rolls and Butter, Iced Tea or Lemonade and Decaf Coffee Entrees Choose One Lasagna or Roast Pork Loin SW Three Bean and Vegetarian Lasagna Brown Rice Casserole © Baked Potato Bar ~ Chicken Breast Mousaka ~ Sonoma Chicken Fajita Bar Smoked Salmon Vegetarian Lasagna A1 f redo Beef Stroganoff Chicken or Chicken Enchilada Eggplant or Chili and Parmigiana Cheese Enchilada Sides Choose Three Garden Salad Caesar Salad Spinach with Mediterranea w/ 2 Creamy n Pasta dressings, 0 & Tarragon Salad Salad V Chopped Salad Baked Beans Herb Rice Garlic New Pilaf Potatoes Buttered Green SW Corn Winter Squash Steamed Beans Vegetables Fruit Salad Cheese Cake Apple Pie Pumpkin Pie Berries and Chocolate White Lemon Bars Pound Cake Mouse Cake Chocolate Macadamia Nut Cookies IV Coffee Service · All Day Coffee Service will include: Regular, Decaf, black and assorted Herbal Teas, Hot Chocolate. Served from 8am till 5pm is 1.95 per person. · Coffee by the gallon is $18.00 per gallon and includes all - 13 - condiments and cups. V Breaks · Soda Break - Assorted Sodas and bottled water (two per person) 1.95 per person · Brownie Break - Large fresh baked brownies 1.65 per person · Munchies Break - Assorted Bags of Chip, pretzels and Fruit Bars with Sodas and Bottled Water 3.50 per person · Crunch Break - Veggie Sticks, Chips, Dip and Salsa 2.50 per person · Cookie Break - Assorted Basket of Fresh Baked Cookies 1.75 per person · Healthy Break - Yogurt, Granola Bars and whole Fresh Fruit 3.75 per person - 14 - P.O. Box 23477, Federal Way, WA 98093 Off. 253-927-4489 / fax 253-927-2786 The following is a proposal for the food services contract at Dumas Bay Centre in Federal Way, Washington. Thank you in advance for this opportunity and the City's consideration of this proposal. INTRODUCTION & EXPERIENCE: Cafe Pacific Catering has been the contracted caterer at Dumas Bay Centre for the last four years. We receive compliments regularly on our food and service. We constantly strive to go above and beyond the call of duty in order that each and every client wants to re-book events and pass on only positive comments about Dumas Bay Centre to others. John and Amy Hatcher opened CAFE PACIFIC (RESTAURANT) CATERING, INC. in October of 1989. They originally started as a 103 seat casual fine-dining restaurant located on the corner of Pacific Hwy. South and 312th Street in Federal Way. They began catering almost immediately. Since 1989 they have successfully executed countless caterings. They have extensive experience with corporate lunches, weddings, broker's opens, retreats, seminars, holidays, picnics, outdoor barbecues, etc. Due to John's 23 years of experience and Amy's 12 years of experience in the restaurant/catering business as well as their ownership of Cafe Pacific Restaurant, they have substantial familiarity with day-to-day facility and equipment maintenance and upkeep, day-to-day staff management and customer contact. John is a certified chef from Washburne School in Chicago, IL. In addition, he also earned an Associates Degree in Restaurant, Hotel & Institutional management from Purdue University in West Lafayette, IN. John has been a chef at Duke's, Queen Anne, 5th Avenue and Bellevue from 1983 through August 1989. From October 1993 to October 1995 John was the Food & Beverage Director at North Shore Golf Course in Tacoma, WA. Amy worked for ARA Services as the Catering Director's Administrative Assistant at the WA State Convention & Trade Center in Seattle in 1988. STAFF TRAINING: All employees are thoroughly trained in food handling, preparation, sanitation and customer service by John and hold a current WA State Food Handlers permit. Training consists of a minimum of 20 hours one-on-one with John going over all aspects of food preparation and sanitation. Each area is thoroughly demonstrated and explained and must be mastered before moving on to the next task. Specific training will be provided as special needs arise. Cafe Pacific Catering is familiar and complies with all WA State Labor & Industries and Employment Security laws and codes. Safety and employee rights signs are posted in easy to read locations. All staff will be professionally uniformed in a "Caf~ Pacific Catering" polo and black or white apron or white chef's coat, black or khaki pants and black shoes. SIGHT IMPROVEMENTS: Cafe Pacific Catering currently provides and maintains a coffee maker with air pots and an icemaker, both of which the City of Federal Way may use. Pitchers of iced water and cups will be provided for al/meeting rooms in use at no charge. CAFle PACIFIC CATERING (2) DBC Proposal for Food Service October 24, 2000 CLEANING & MAINTAINANCE SCHEDULE: In addition to obvious food preparation clean up, Caf(~ Pacific Catering will sanitize the counters, buffet and eating surfaces of the kitchen and banquet room(s) being served on an as needed basis. Waste bins and recycling will be emptied on an as needed basis in the main kitchen and the banquet room(s) being served in. Cafe Pacific Catering will scrub and sanitize the main kitchen floor including the walk-in refrigerator and polish all the stainless in the main kitchen once each week. They wilt have the hoods inspected and professionally cleaned annually. All other main kitchen equipment and refrigeration will be maintained and repaired as needed at Cafe Pacific Catering's expense. COMPENSATON & RENT: Caf~ Pacific Catering will remit $500.00 per month for the exclusive use of the Dumas Bay Centre main kitchen and storage rooms. Caf~ Pacific Catering will offer the DBC 15% of gross food service revenue including retreats, day meetings, on-premise weddings and parties. '15% of all on-premise liquor sales. Please find attached our menu packages, business licenses, proof of insurance and health cards. Our statement of no health department violations, references and letters of recommendation. CAFle' PACIFIC CATERING (3) DBC Proposal for Food Services October 24, 2000 REFERENCES: 1 ) TACOMA PROPELLER James R. Kruger, President (253) 272-5065 Gala Grand Opening of New Facilities, October 7, 2000, 1000 guests Hors d'oeuvres: Savory Crab stuffed Mushrooms and Italian ~ausage Stuffed Mushrooms. Turkey & Cranberry, Spicy Chicken and Beef & Cheddar bite-sized Tortilla Wraps. Pasta Station: Penne' & Tortellini Pastas w/choices of Marinara & Alfredo Sauces along w/Mushroom, Black Olives, Green Onions, Parmesan & Romano Cheese. Mushroom Station: Sauteed Mushrooms in a choice of Burgundy, Tai Peanut or Garlic Butter Sauces. Prawn Station: Spicy Poached Prawns served w/Lemon Wedges & Cocktail & Remoulade Sauces for dipping. Hot Entree station: Prime Rib of Beef, Horseradish, Mustards & Dollar Rolls on-the-side as well as Medallions of Pacific Salmon cooked on-site with Alder. Fresh Station: Seasonal Fruits & Berries, assortment of crisp Vegetables w/Ancho Chili & Cool Ranch Dips, Antipasto such as Olives, Pepperoni, Wine Salami, Mushrooms & Artichoke Hearts as well as a mosaic of Cheeses w/an assortment of Crackers & Baguettes. Dessert Station: Dilettante's Fine Chocolates, White Chocolate & Macadamia Nut Cookies, Chocolate Marble Cheese Cake, Lemon Tarts, Carmel Apple Crumb & Chocolate Raspberry Cakes. Espresso Cart, Herbal Teas and Hot Spiced Apple Cider 2) PUGET SOUND ESD Karen Nelson (206) 439-6906 x 3934 September 12, 2000, 60 people Breakfast: Coffee, Tea, Orange Juice, Water, Coffee Cake, Bagels, & Cream Cheeses Lunch: Taco Salad Bar, Ground Beef Fajita Mix w/Peppers & Onions Toppings: Black Olives, Green Onions, Ranch Dressing, Salsa & Chips September 13, 2000, 60 people Breakfast: Coffee, Tea, Orange Juice, Water, Mini Muffins, Bagels & Cream Cheeses Lunch: BBQ Chicken, Cornbread, Watermelon, Baked Beans, Pasta Salad, Cole Slaw, Brownies CAF~ PACIFIC CATERING (4) DBC proposal for Food Sesrvices October 24, 2000 3) CAPITAL ONE Tara Rankin (253) 835-5427 Various breakfasts and lunches for 10 - 15 people Breakfast: Muffins, Bagels, Sour Cream Coffeecake, Regular & Non Fat Cream Cheese, Butter, Fresh Fruit Salad, Assorted Yogurts, Orange Juice, Coffee, Herbal Tea Assortment, Hot Chocolate and Hot Cider Lunch: Vegetarian Salad Croissant Sandwich, Turkey Club Wraps, Bacon, Lettuce, Tomato & Avocado Croissant, Pasta Salad, Dill Pickles, Carrot Sticks, Grapes, Fresh Baked Cookies, Assorted Sodas and Bottled Waters 4) SYNTAX Peggy Franklin (253) 838-2626 Barbeque on June 9, 2000 for 60 people BBQ Chicken, Top Sirloin Steak, Grilled Vegetables, Fruit Salad and Potato Salad 5) BERGER ADAM ENGINEERS Patty Jones (206) 431-2300 Board of Directors Meeting September 14, 2000 13 people Breakfast: Mini Bagels w/Lox, Fruit Salad, Mini Muffins, Assorted Yogurts, Juice Lunch: Roast Pork, Red Potatoes, Green Salad w/assorted Dressings, Mini Bagels w/Lox, Lemon Bars, Oatmeal Raisin Cookies, Chocolate Chip Cookies, Assorted Sodas 6) FEDERAL WAY CHAMBER OF COMMERCE Vonnie Moore (253) 858-0713 Monthly Meeting, October 4, 2000 73 people o Fancy Green Salad w/Dressings, Chicken on Stuffing w/Sauce, Mixed Vegetables, Herbed Rice, Vegetarian Pasta, Rolls, Butter, Fresh Baked Cookies, Coffee and Tea Service (ADDITIONAL REFERENCES AVAILABLE UPON REQUEST) ATTACHMENT A ACKNOWLEDGMENT OF CERTAIN CONDITIONS OF DUMAS BAY CENTRE FOOD CONCESSIONS RFP In the event of a successful award of contract, proposer acknowledges that: 1. He/She will be able to comply with the insurance provisions of the Dumas Bay Centre Food Concessionaire Contract, and to timely provide a certificate of insurance. 2. He/She will have in their possession or will obtain prior to contract commencement a valid City of Federal Way business registration as well as all other required permit or licenses required by the State of Washington, King county or any other lawful authority. 3. All staff will have a food handlers permit certification. Proposer: Si Date Name CAFE PACIFIC CATERING, INC. P.O. Box 23477 Federal Way, WA 98093 Company MENU FOR DUMAS BAY CENTRE Breakfast Menu Light Continental Coffee Service: (Regular, Decal. Black and assorted Herbal Teas, Hot Chocolate), Choice of two baked Breads (Bagels, sides Cream Cheese, assorted Muffins, Coffee Cake. Apple Strudel. Banana Nut Bread) $3.49 per person Full Continental Same as above, also to include: (Juice~ Fresh Fruit. Yogurt. (-'old Cereal w/Skim & 2%) $5.50 per person Breakfast All breakfasts include Col%e Service. Juice, Bagels and Cream Cheese. Fresh Fruit $6.75 per person Circle One Circle Two Old Fashioned Oatmeal Bacon Assorted Muffins w/Brown Sugar. Cinnamon Scrambled Eggs. Cheese. Sausage Patties Coffee Cake Salsa and Hash Browns French Toasl Canadian Bacon Turkey) Banana Nut Bread Ham and Cheese Strata Ham Apple Strudel Bars Vegetarian Strata Hard Cooked Eggs Served warm or cold Lunch Menu Deli Lunch: Includes several types of Sandwiches (Veggie Wraps always included, Grapes, raw Carrots, Pickles and Bottled Water (Sodas may be substituted) $8.00 per person Sandwiches Circle Two Sides Circle Two · Deli Turkey and BBQ Beef Pepper Jack (hot) Spinach with Greek Salad Creamy Tarragon Deli Ham and BBQ Chicken Salad Swiss (hot) Mediterranean Chips and Salsa Deli Beef and Chicken Salad Pasta Salad Cheddar Croissant Tri-color Coleslaw Baked Beans Turkey Club Wrap Tuna Croissant Old fashioned Sesame Soba Salad Beef and Cheddar Hummus Pita Potato Salad Wrap Red Potato Salad Brownies Ham and Swiss Italian Focaccia Wrap Chocolate Chip Lemon Bars Cookies Soup Lunches: Includes Two Soups, Grapes, raw Carrots, Pickles and Bottled Water (Sodas may be substituted) Soups Circle Two Minestrone Chili Chicken Noodle Black Bean Split Pea Lemon Garlic Chicken Hot Lunches: Includes One Entrfe, Two sides, Grapes, raw Carrots, Pickles and Bottled Water (sodas may be substituted) Entrees Circle One Baked Chicken Baked Potato Bar Ginger Sesame Chicken Lasagna (Vegetarian also Taco Bar Roast Pork Loin Dijon available) Chicken and Artichoke Smoked Salmon and Shells Grilled Vegetable Pasta Alfredo Dinner Menu Dinner Menu: Include One Entr6e, Three Sides, Rolls and Butter, Iced Tea or Lemonade and Decal Coffee $13.25 per person Entrees Circle One Lasagna Roast Pork Loin SW Three Bean and Brown Rice Casserole Baked Potato Bar Chicken Breast Sonoma Moussaka Chicken Fajita Bar Smoked Salmon Alfredo Vegetarian Lasagna Pot Roast and Hearty BBQ Pork Chow Mein Chicken Enchilada Vegetables Sides Circle Three Garden Salad w/2 Caesar Salad Spinach with Mediterranean Pasta dressings, O & V Creamy Tarragon Salad Salad Chopped Salad Baked Beans Herb Rice Pilaf Garlic New Potatoes Buttered Green SW Corn Winter Squash Steamed Vegetables Beans Fruit Salad Cheese Cake Apple Pie Pumpkin Pie Berries and Pound Chocolate Mousse White Chocolate Lemon Bars Cake Cake Macadamia Nut Cookies Coffee Service All Day Coffee Service will include: Regular, Decaf, Black and assorted Herbal Teas, Hot Chocolate. Served from 8am till 5pm is 1.95 per person. Coffee by the gallon is $18.00 per gallon and includes all condiments and cups. Breaks Soda Break - Assorted Sodas and bottled water (two per person) $1.95 per person Brownie Break- Large fresh baked brownies $1.65 per person - Munchies Break - Assorted Bags of Chip, pretzels and Fruit Bars with Sodas and Bottled Water $3.50 per person Crunch Break - Veggie Sticks, Chips, Dip and Salsa $2.50 per person Cookie Break - Assorted Basket of Fresh Baked Cookies $1.75 per person Healthy Break - Yogurt, Granola Bars and whole Fresh Fruit $3.75 per person Special Dietary Needs We will at all times try to accommodate dietary needs with in the budget of the set cost. Any extraordinary cost will be figured out prior to individual events. Menus are applicable to all day and retreat groups. WATER STANDS Caf6 Pacific will supply water stands and cups for each banquet room. VENDING MACHINES Caf6 Pacific would like to supply snack and soda vending machines with Dumas Bay Centre receiving 15% on all sales, providing a better selection than previous vendors. Luncheon Hors d'oeuvre Buffet Cold Hors d'oeuvre Buffet Dinner Hors d'oeuvre Buffet (Created 1o be served before 5:00 p.m.) Sliced Turkey, Ham & Roast Beef aJong Seasonal Array of Ripe Fruits A Bountiful Basket of Crisp Fresh with Cheddar, Swiss & Provolone Cheeses Vegetables served with Ancho Chili & A Mosaic of Delectable Cheeses served Cool Ranch Dips Assodment of Fresh Baked Roils & Butter with Crackers & Baguettes Chinese BBQ Pork with Dip & Mayonnaise, Mustard & Horse Radish A Bountiful Basket of Crisp Vegetables Sesame Seeds with Ancho Chili & Cool Ranch Dips Seasonal Fresh Fruit Trays Beautifully Mexican Style Fresh Fruit Salad Displayed Savory Sides of Northwest Smoked Salmon served with Mini Bagels, Cream Savory Chicken & Fennel Sausage Crisp garden Crudites with Cool Cheese, Capers & Red Or, ion SkeWers Ranch Dip Bangkok Chicken Stdps with Spicy A Mosaic of Delectable Cheeses served Italian Pesto Pasta Salad Peanut Sauce with Crackers & Baguettes Fresh Garden Salad with Gadic Croutons Marinated Kalbi Short Ribs Caf~ Pacific Classic Caesar Salad . . . Grilled Vegetable Pasta Salad Assortment of Fresh Baked Rolls & Butter Gourmet Mixed Nuts & Mints Hickory Smoked Sausage Skewers Fresh Brewed "Java Trading Co." Coffee . . . Gourmet Mixed Nuts & Mints & Herbal Tea Assodment Fresh Brewed "Java Trading Co." Coffee Gourmet Mixed Nuts & Mints & Herbal Tea Assortment Pitchers of Iced Water on Guest Tables "Java" Coffee & Herbal Teas Pitchers of Iced Water on Guest Tables Pitchers of Water on Guest Tables J.~,:.. ~"$9:.~.~ Pe? ~b~/(iS'C~ed::'°~i~ilOO)i?~,.',..~;~ j, ~..:.:;..S.~ ~5..p~.~guest (t~aS~d~;~:i~l~)~:'i:,&~i. lj J~.~:~?.:~..~.$1"./;~O,per gu.est (base~ ~n 33710 9th F' S · SuJ[e 16 · Federal Way', Vv'A 98003 33710 9th Ave S, · $' 16 ® Fed·fa! Way, v,;A 9800_3 35710 9&, A',e. S · Sui[e !6 · -al v,,'~},. WA 98005 www caf·pacific.corn wwx pacific eom www. cafepacifi ,.,r~, ~.n,7 ./r ....... ~ .o~ o~"/.~,o'~"/ · g:~v. 0~'~} Q'~7.')"/~A (?gnh 097.,$~Rq · 1-agg-~27-0927 ' Fax: (25~) 927-2786 (253~ 927-4489 * 1-888-927-0927 * Fax: (253) 927-2786 I:, ,.? ~: ?%:~~:ff'~',~:'~ ".': ! : ' ' " ~ · .I! : "-- ' .' '~' """."~ ': Dinner Buffet Dinner Buffet Dinner Buffet Grilled Vegetable Antipasto Trays Northwest Smoked Salmon Pate served Savory Bacon wrapped Dotes with Capers & Red Onion Delectable Baked Brie with Crisp Apple Crisp Garden Salad with Garlic Croutons Wedges & Baguettes Caf~ Pacific Classic Caesar Salad -. Spinach Salad with Zesty Pasta Salad Florentine Tangy Mediterranean Salad Tarragon Dressing Spinach Salad tossed with Zesty Roasted Garlic New Potatoes Seasoned Rice Trio Tarragon Dressing Steamed Vegetable Medley Steamed Vegetable Medley Aromatic Rice Pilaf with Almonds Roasted Natural Breast of Turkey Braised Stuffed Pork Loin Creole Shrimp Remoulade Slow Roasted Prime Rib of Beef Chicken Marco IBrie Cheese & Basil in a Clam & Mussel Linguine Pecan Cream Sauce) Assortment of Fresh Rolls & Butter Fresh Filet of Pacific Salmon Fresh Baked Rolls & Butter Assortment of Fresh Baked Rolls & Butter Gourmet Mixed Nuts & Mints Gourmet Mixed Nuts & Mints * * * Fresh Brewed "Java Trading Co." Coffee "Java" Coffee & Herbal Teas Gourmet Mixed Nuts & Mints & Herbal Tea Assortment Pitchers of Iced Water on Guest Tables "Java" Coffee &Herbal Tea Assortment Pitchers of Iced Water on Guest Tables Pitchers of Iced Water on Guest Tables J !$23:00'~t.~b~Sf (baSed .oh i00).:=i..i.'"I J J $21;OOP~r. guesf ('based On 100) . ./il J - $19,50 p'ergu'~(based on 33710 9th Ave. S. · Suite 16 · Federal Way. WA 98003 33710 9th Ave. S. · Suite 16 · Federal Way. WA 98003 33710 9ch Ave. S. · Suite 16 · Federal Way. WA 9800:3 www. cafepacific.com www. cafepacific.com www. cafepacific.com (253) 927-4489 * 1-888-927-0927 · Fax: (253) 927-2786 (253) 927-~489 * 1-888-927-0927 * Fax: (253) 927-2786 (253) 927-4489 * 1-8~8-927-0927 * Pax: (253) 927.2786 include a black granite-look bar, set-up, Well Drinks 4.00 each clear plastic glasses, any needed Miller Genuine Draft (i2 oz.) 2.00 each beverage condiments, disposable Assorted Seltzers 1.50 each ~ ~ ~ beverage napkins, ice, bar clean-up and Assorted Soft Drinks · 1.00 each breakdown. Assorted Juices 1.50 each j ? .?. ~.,~ ~!,:-~. .. ~.,~..... .~:.~ AI_Ji "hosted" packages also include glass Premium Wines by the glass 5.00+ eo '~ '~'''i' ~...~,..-,;.~ ..... ~ i ~ ': .... ,-',~ ':- ~ champagne glasses and service if a Premium Well Drinks 4.00+ ea. ' Wedding Toast is preferred. Micro Brewed Beer 3.50+ ea. Hosted package prices are for four (4) hours ~ ~ ~ of service. An additional charge will be The above prices include all taxes, a added for service beyond four hours, black granite-look bar, set-up, clear plastic glasses, any needed beverage H O~t~/~ A Washington State Alcohol Server certified condiments, disposable beverage Bartender is $18.00 per hour per Bartender, napkins, ice, bar clean-up and ~ Ho- ex (three hour minimum), breakdown, Sparkling Punch is available for only A Washington State Alcohol Server $ .50 per guest when a hosted beverage certified Bartender is $18.00 per hour per fd~,~ ~T package is purchased. Bartender, (three hour minimum). ~k]O'Jq,/ - A ~ Champagne Fountains are $40-50.00 ea. : Prices for items when not purchgsed inquire about our premium wine list or with a Hosted Beverage Package: beverage set-ups when providing your own Sparkling Punch ....... 1.75 per guest alcohol. Champagne Toast ..... 2.75 per guest (includes champagne glasses and service) · A 15% Service Charge and 9.1% Taxes added. Bar rental (set-up included) . . 55.00 each Fully insured and fully licensed by the State of Washington Liquor Control Board 33710 9th Ave. S. · Suite 16 · FederalWay, WAg8005 33710 9th Ave. S. · Sui~ '6 · FederalWay, WA98003 33710 9th Ave. S. * Suite 16 · F 'Way, wAg8003 WWW cafepacific.com www. Jcific corn www.cafepacific, ' (253)927-4~, ~-888-927-0927 · Fax:(253)92?-2786 (253)927-4489.1-888~),~-0927 * Fax:(253)927-2786 (253)927.~J489· 1-8~1P927-0927 * Pa~:(253~927,2786 Hosted Alcohol &Non-alcoholic Beverages Hosted Alcoholic & Non-alcoholic Beverages Premium Hosted Non & Alcoholic Beverages Cc,jy_.~o~.r~o., C~ B ~~ C~.~ B ~~ C~~ C~~ B ~ B ~'~ ~l~e Z'~ B ~~ ~e Z~ ~GD (~) MGD L~e A~A~- ~ F~S~Prm~P~ W~Dr~ N~B~ MGD A~A~ Sp~~App~ C~ N~ B~ MGD A~ S~Dr~ Sp~~ App~ C~. N~-A~ B~ A~ S~. W~S A~~ S~Dr~ Sp~~ App~C~, A~~ S~ W~s A~ S~Dr~ S~ W~S J '.~-;3~5~:~l~esff:(s0~S6n mii~imum)·' '] J ... ~.50'!~luesf* (~0 pem~n ~'i,i~)' :?:~ .: 'Sg:?~.~er ~U~'(5oPerson ~,m)~ :.:~ 35710 9th Ave. S. · Suite 16 · Federal Way, WA 98003 33710 9thAve. S. · Suite 16 · Federal Way, WA 98003 337109th Ave. S. · Suite 16 · Federal Way, WAGS003 www. cafepacific.com www. cafepacific.com www. cafepacific.com (253) 927~89 , 1-888-927~7 , ~: (253) 927-2786 (~3) 927-~89 , 1-888-927~927 · ~: (253) 927-2786 (253) 927~89 , 1-~27~927 , ~: (~3) 927,2786 ~ii~ wa$l~ington / Tht~ license i~ to ~e di~pla~d conspicuously at the location of business, and I~ not tren~era~le or ..................... Ela.~¢N~$~$ ~O #; 001 LOCATZON: 0002 ', EXPIRES : 06-30-2001 ORGANIZATION TYPE DOMESTI'C'PROF[T CORPORATZON CAFE PACIFIC, [NC, CAFE PACIFZC CATERING 3200 SW DASH POZNT RD FEDERAL WAY WA 98023 CATERZ~ [NDUSTRZAL [NSURANCE .~N~ ~BE PERMIT UNEMPLO~NT . '~~,.~;~.:~,~70~EN FLOOR MOPPZNG & GENERAL CLEWING ~~ & ~ST BE AT LEAST 16 YEA~S SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH ALDERSQUARE SERVICE CENTER Permanent Food PERMIT NO. PR0023663 GRAINTED 'tO " CATEI:LIN G e r er / FOR A PERIOD BEGINNING 4/1/00 AND ENDING 3/31/01 MAILING ADDRESS HATCHER JOHN. HATCHER. AMY PO BOX 23477 FEDERAL WAY, WA 98023 DI~CTOR OF PUBLIC HEALTH DATED 3/31/00 BY ~~~ SUBJECT TO ALL STATE LAWS, COUNTY BOARD OF HEALTH RULES AND REGUALTIONS, AND/OR CITY OR COUNTY ORDINANCES PERTAINiNG THEKETO. THIS PERMIT MAY BE SUSPENDED OR REVOKED UPON VIOLATION BY THE HOLDER OF ANY OF THE TERM8 OF THESE REGULATIONS. THIS PERMIT IS NOT TRANSFERABLE AND MUST BE POSTED IN A CONSPICUOUS IS NOT VALID UNLESS ;IONED BY OPERATOR. X ~RATOR ;NATURE State of Washington TACOMA-PIERCE COUNTY HEALTH DEPARTMENT Food Worker Card BRIAN?C. RICKER Name~"Food Service Worker 5/17/2.001 Expiration Date Health Officer · x STATE OF WASHINGTON ';t ?-' . /~ ~1' 2 FOOD'.~ND. BEVERAGE SERVICE WORKEIg,'S' Card N umber gh~ 3 ~4 Name of Worker (prin0 :.~' ~" ~8~ ~ KING COU~ HEAl TH DEPT. · : : ~.~,..'-:..~._.- .... . Health Department _ .. ,.,:~ ,~~/'- ~pi~ia~' a~{~'¥. :,;.: · . ~ ...': '-..:~':. O, ~ ~ 0 0 ~ ~ FOOD AND BEVERA{~. S~VI~~ ~ ~ ~~ ~z~ ~~~ .................................... : ......... ~,~..?':~.:' .~t~ ~ ~ ~: ' 0.~~''~ :i ' ~ ' t :" ~: ~''~':'' .FY': ~ .]~" SEA~LF.~ ,G CO. DE~.OF~BLICHEALTH ':..':~.?'!I .... ,~I~m ~0~ , l'.npi,'adon date Sig tu 'e o1: Health Officer sr~ O~.~XSm~OTO~ '.:' ":-.,~.' 1 . ,..... ~-..~ ......... ,_.-._, i, .., -~,;L-..z~~..~.:. : -."~.~Z~ ': ~SS ~ ~ERVER~ PERMIT d~ut~_:~~:~h~~. _. ':.:,-'.:~ .o ~ 3 o o o 7 3 8 s ' ~ ' '"' ~ ::""?~ ~ Bi--ay Height Weight . .':Fi ; ~. Hcalih DePart,riehl ::.~ 0 0 ~ - ~ ~.. I 1999 ~; ~¢~'" ]::~y.,: ?~:.... ,._.. ........ ,.:. ,.~,, s~r~¢_-~, , y / RM E RS COMMERCIAL CERTIFICATE OF INSURANCE Ar- wy Krantz Ag!!ncy Issue Date: 6/07/2000 162! S, C~mtral ~F NA,,c Ke~t, WA !'8032 This certificate is issued as a matter of information only and confers n & (2J3) 8598166 rights upon the certificate holder, This certificate does not amend, AO[)RESS extend or alter the coverage afforded by the policies shown below, COMPANIES PROVIOING COVERAGE: ST,___;_Z~____OIST _ 4L____AGENT 67 ......... Company Letter A TRUCK INSURANCE EXCHANGE INSURED CAFE PAilIFIC, INC, Company Letter B FARMERS INSURANCE EXCHANGE NAME PO BOX !3477 Company & , Letter C MID-CENTURY INSURANCE COMPANY AOBRESS FEBERALJWAY, WA 98093 Company Letter 0 COVERAGES HiS IS TO CERTIFY 'HAT THE POLICIES OF INSURANCE LISTED BELOW HAUE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLIC' ERIOO INOICATEO. IOTWITHSTANOING ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO HICH THIS CERTIFICiTE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T~ LL THE TERMS, EXCLIISIONS ANO CONOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CLAIMS, O, ~ POLICY EFF !POLICY EXP ' ,TR ...... TYPE OF INSURANCE ..... '_I__ POLICY NUMBEE ! DATE(~LM/_JlO/YY)!DE~(BM/DO/YY)! ___~OLICY LIMITS ~ General ' C !GENERAL LIAIILITY Aggrega'te Commercial General Liability Products-Comp/Ops ' Aggregate !$ 1,000,000 X -- Occurre'~ce Version Personal & Contractua~ - Incidental Only 60132 - 35 -~ 05 7/23/2000 7/23/2001 Advertising Injury!$ 1,000,000 Owners & C ntractors Prot, Each Occurence $ 1 000,000 Fire Oamage (Any one Fire) $ 50,000 Medical Expense ~ (fl~Y one P~rson) !$ 5,000. Combined C AUTOMOBILE LIABILITY Single Limit !$ 1~000,000 A!1 Owned ~ommercial Autos 8odily Injury !X Schedule A~tos (Per Person) iS ! Hired Auto~ 60132 --35 -. 05 7/23/2000 7/23/2001 i Non-Owned ~utos .8odily Injury ~ Garage Lia~il~y (Per Accident) ! ~ !Property Damage !$ ' J ; !Garaqe Aqqreqate ....... ~__L UMBRELLA LIABII.ITY i !Limi'~ _ ~ ' ' STATUTORY i WORKERS; ~OMPENSATION ' ' ' ' N ' !Each Accident !$ ' EMPLOYERS LIABILITY ' !Disease-each empl,!$ ' ~ !Oisease-polic~.~im!$ DESCRIPTION OF OPERATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS: CERTIFICATE HOI_OER IS LISTEO AS ADOITIONAL INSURED, CERTIFICATE HOLDER CANCELLATION SHOULD ANY DF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF EDERAL WAY EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 3200 SW ASH POINT RD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT A~ ,~SS FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY FEDERAL AY, WA ~8023 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVE, CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Sign Incentive Funds CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT ExpenditureAmt: $ ~ BUSINESS __ PROCLAMATION ContingencyReqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: November 20, 2000 memo to FEDRAC Committee. SUMMARY/BACKGROUND: There is a balance of $106,347.85 in the sign incentive funds. City staff recommends opening the program until February 28, 2001 to those sign owners who were previously registered with the program and submitted their sign permit applications prior to the February 28, 2000 deadline. CITY COUNCIL COMMITTEE RECOMMENDATION: The FEDRAC discussed the staff recommendation on November 28, 2000 and recommended approval to the tull Council. CITY MANAGER RECOMMENDATION: Motion to approve the FEDRAC recommendationto extend the sign incentive program deadline through February 29, 2001. .... ........................................................................................... (BELON~ TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL ti DENIED ORDINANCE # TABLED/DEFERRED/NOACTION RESOLUTION # 152000 Code Amendments~liscellaneous Code Amendments\Council Cover Agenda. doc/l 1/29/00 3:15 PM MEMORANDUM TO: FEDRAC Committee members FROM: Kathy McClung, Interim Community Development Services Director VIA: David Mo~anager RE: Residual Sign Incentive Funds DATE: November 20. 2000 In 1997, the City Council designated $200,000 of utility mx funds to serve as incentive money for businesses and property owners who brought their signs into early compliance. In 1999, $22,467.80 was expended and in 2000, $71,184.35 has been expended, for a total of $93,652.15 benefiting 56 applicants. This leaves a balance of $106,347.85. All recipients of the funds submitted sign permit applications prior to the February 28, 2000 deadline and had their signs finaled by our inspectors by August 30, 2000. Since then, I have received a handful of requests where extenuating circumstances prevented them from meeting the deadline. The staff recommendation is to open the program one more time for those that meet the following criteria: 1. Signed up for the sign compliance program through the former Economic Development Executive. 2. Applied for any required sign permits before the February 28, 2000 deadline. 3. Received final inspection approval for any new signs. Further research would be required to determine the number of cases this would apply to, however all qualified individuals would be notified at the same time and funds would be disbursed on a first come, first served basis. The recommended final deadline for submittal is February 29, 2001. document2 11/28/2000 CITY OF FEDERAL WAY City Council Meeting AGENDA ITEM SUBJECT: Historical Society Proposed Use of Lodging Tax X CONSENT __ RESOLUTION Amount Budgeted: $5,000 __ ORDINANCE __ STAFF REPORT Expenditure Amt: $5,000 ~ BUSINESS' __ PROCLAMATION Contingency Req'd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Proposal submitted by the Historical Society for the installation of historical markers at a number of historical significant sites in the City. SUMMARY/BACKGROUND: Council has allocated $5,000 of 1999/2000 Lodging Tax to the Historical Society for the purpose of promoting historical tourism. The Federal Way Historical Society reviewed the purposes and limitations of Lodging Tax funding and proposed to use the amount to install 4 historical markers around the City. They anticipate the total cost to be around $6,000 to $7,000. They : will seek other grants/donations to fully fund the 4 markers. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the Purposed use as submitted by the Historical Society and forward the recommendation to full Council on December 19, for consent. CITY MANAGER RECOMMENDATION: Motion to approve the proposed use of the $5000 1999/2000 Lodging Tax by the Historical Society. APPROVED FOR INCLUSION IN COUNCIL PACKET.~~~/~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED 'Council BILL # DENIED 1st READING' TABLED/DEFERRED/NO ACTION ENACTMENT READ ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: November 21, 2000 To: Finance, Econo~pment and Regional Affairs Committee Via: David H. Moseqey,X0EltS' Manager From: Iwen Wang, Management Services Director ~ Subject: Historical Society Proposed Use of Lodging Tax Background: Council has allocated $5,000 of 1999/2000 lodging tax to the historical society, for the purpose of promoting historical tourism. Attached is the proposed use, submitted by the historical society for the installation of historical markers at a number of historical significant sites in the City. The proposed use meets the guideline for the use of lodging tax receipts. If approved by the Council, the actual installation of these markers is projected to occur in 2001. Ed Opstad, the current present for the Historical Society of Federal Way will be present at the meeting to answer any questions. Committee Recommendation: Approve the proposed use as submitted by the Historical Society and forward the recommendation to full Council on December 19, for consent. historical society use !1/21/2000 ~___~ Date: October 20, 2000 To: Iwen Wang Management Services Director City of Federal Way From: Arnold Rolfsrud, Treasurer Historical Society of Federal Way Re: Hotel-motel funds We are hereby requesting payment to the Historical .Society of Federal Wa~v of up to $5,000 in the hotel-motel tax appropriated to the Society by an ordinance adopted by the City Council in 1999 with a carry-forward adjustment. We intend to use the money as the first funding for erection of a series of information-carrying markers at historically significant locations within the city limits of Federal Way. These sites will be built to appeal to tourists coming into the area. Our model for the markers is found at Dumas Bay Center, where the City Parks Department has erected three historical markers. The cost of those markers was in the range of $1,500 to $1,700 each. We intend to pursue a similar program, perhaps with the same vendor, but also hope to get the cost down to allow for erecting more than three markers from this funding source in a year. We propose erecting markers at the following locations by the end of the year 2001: 1. The original Federal Shopping Way mall was developed by Jack Cissna and opened in 1955, becoming the first major shopping center in an area that is now part of the city center frame. It was built on land purchased from Mr. and Mrs. Francis Marckx in 1953, on which they had operated a farm store. The Federal Old Line Insurance Company moved their headquarters into a two-story building on the site on March 1, 1954. The first consolidated Federal Way post office opened in the mall on April 1, 1955. The Old World Square, consisting of small shops and a clock tower, was added in 1956. Before development of the shopping center, a handful of businesses had been on the site, including Pauline's Inn and the Federal Way Variety Store in addition to Marckx's store. The community's library was established there in 1948. Cissna's subsequent development of the site included a historic park where the Barker Cabin and other historical buildings were reassembled. Barker was an early homesteader in the area in the 1880s, and his 160-acre tract included a part of the area subsequently developed by Cissna. 2. The current Federal Way High School was the location for the first elementary school building erected for the Federal Way Consolidated School District #210. That original school was built in 1929 and.opened in 1930, following the Page 1 of 4 consolidation of smaller school districts located south of 260th, including Redondo, Buenna, Harding, Steel Lake and Star Lake. The original school was financed from funds provided by the Federal Government in return for the fight- of-way on which Highway 99 was built. The school was the first institution in the area to be named "Federal Way" because of its funding from Federal sources. The high school was built next to the elementary school in 1937, and the first graduation followed in June, 1938. A junior high school was built to connect the other two schools in 1944. 3, 4. The current BPA trail along power lines will have markers erected at its starting point at Celebration Park, and near its ending.point above the Aquatic Center. This trail is a improved version of trails first used by Native ,americans and then by settlers. The Muckleshoots and the Puyallups used those trails to reach such spots as Dumas Bay for clam,digging activities and other community gatherings. The settlers subsequently expanded and improved on the trails to get from communities on Puget Sound like Lakota Beach, Adelaide, Dumas Bay and Poverty Bay to reach homesteads in the Federal Way area and also to reach the Peasley Canyon route which led to Auburn and other points in the valley. At the start of the today's BPA trail, Celebration Park was the site of Federal Way's first and only airport. Evergreen Landing strip opened in 1941 as a dirt strip, was upgraded to gravel in 1948 and then paved in 1954 to a length of 2,300 feet. One of the first users of the strip was a group of returning World War II pilots who used the strip for a flying club they started in 1946, but they were soon joined by many other private planes. As we continue along today's trail, we cross farm sites where various kinds of animals were raised, including pigs, goats, turkeys and dairy cattle. And as we approach the Aquatic Center end of the trail, we are able to see the location of the 157-acre homestead settled by African-American pioneers John and Mary Conna near Panther Lake in 1885. John Conna, a Civil War veteran, became the first African-American political appointee in Washington Territory when he was selected to serve as the Assistant Sergeant of Arms in the 1889 Territorial House of Representatives. In the more recent past (1974), territory in the immediate area of the trail was developed by Weyerhaeuser as part of their West Campus project. For years subsequent to 2001, we intend to find funding for the following markers: 1. The Historical Society is in the process of assembling a historic cabin park near Hylebos State Park in cooperation with the Parks Department and others, and will use markers to describe the Barker and Denny cabins relocated there from their former sites. The park is adjacent to 60 acres bought by Frances and Ilene Marckx in 1942 to open a "model poultry farm". The poultry farm was never opened, but the land now makes up part of Hylebos Wetlands State Park. Ilene Marckx also established an arboretum at the site. Page 2 of 4 2. Brooklake Community Center began in 1920 as the Wagon Wheel Restaurant when the building was erected at 726 South 326th Street, beginning a colorful era when it served as a speakeasy during prohibition, a brothel, a restaurant, a gambling den and, starting in 1940, a home to various community activities. For a time prior to 1940, it was also known as Ricky's Restaurant. It is one of the few sites where the original building remains. 3. Sea-Tac Mall was built on the site where Taylor Webb acquired 80 acres during the fall of 1890. He also had 40 acres south of what is now 320th and just west of what is now Pacific Highway on what is now Ross Plaza. 4. Ross Plaza is located where the Webb family homesteaded in the 1890's. This 40-acre tract was sold to Andrew Khristensen in 1925, and he built Webb Center Garage in 1928 on space now occupied by a Bank of America branch and 320th Avenue. The Garage also had a small grocery store and a snack bar along Highway 99. It was built to face east on what is now 320th Avenue. 5. St. George's School and Cemetery occupied a 140-acre tract of land purchased for that purpose in 1888 through the fund-raising efforts of Father Peter Hylebos, a Belgian-born priest who came to the Tacoma area in 1880. Records indicate that 250 Indians, nuns and pioneers were buried in a cemetery close to the school. The school was closed in 1932 and the Catholic archdiocese plotted its Gethsemane Cemetery in 1971. Today, a sign on the grounds of Gethsemane Cemetery marks the site of the former school; the older cemetary is east of the present one. Hylebos Creek and Hylebos State Park were named after the priest who died of influenza on Thanksgiving Day, 1918. 6. Steel Lake was the site for an early school and a lumber mill. The original Steel Lake school house was built in the 1890's. 7. Buenna School was built in 1890 on what is now SW 296th Street. Buenna was one of the first platted communities in the area and was located west of present day First Avenue on the shore of Poverty Bay. 8. The 1906-vintage Parker carousel at today's Enchanted Village was used for many years in an amusement complex at Redondo before it was finally moved to Point Defiance Park for four years. The 50-foot diameter carousel was then moved to a newly opened Enchanted Village in 1977. Its hand-carved horses were worked on by Dwight D Eisenhower when he was a 14-year-old boy in Abilene, Kansas. In selecting sites, we are using the following criteria: 1. Historical significance 2. Public interest 3. Visibility and access to the public 4. Security 5. Probable acceptability to the owner and/or developer of the site chosen 6. Is there anything about the site which is original? Page 3 of 4 If you have any questions, please call me at 253 946 4243 or e-mail me at a.rotfsrud~worldnet.att.net . Arnold Rolfsmd, Tre~rer Date Page 4 of 4 MEETING DATE: December 19, 2000 ITEM# CITY OF FEDERAL WAY City Council Meeting AGENDA ITEM SUBJECT: Final Facility & Tourism Plan and Lodging Tax Allocation Recommendation Amount Budgeted: X CONSENT RESOLUTION (2001-2004) $ 350,000 Expenditure Amt: ORDINANCE STAFF REPORT (2001-2004) $380,000 BUSINESS PROCLAMATION Contingency Req'd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: 1) Final Facility & Tourism Plan; 2) 2001-2004 Tourism Action Plan and Lodging Tax Allocation Proposal. SUMMARY/BACKGROUND: The City commissioned a Facility & Tourism Strategic Plan in 2000, using Lodging Tax. The draft plans have been through a number of community reviews & comments, and is now finalized for Council approval. From this final report, a four year Tourism Action Plan is developed for the Lodging Tax Advisory Committee's review. The Committee approved the funding allocation proposal unanimously at their October 31, meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: The final Facility &Tourism Plan and the proposed Tourism Action Plan was reviewed by the Finance Economic Development & Regional Affairs Committee and is forwarded to the Council for approval. CITY MANAGER RECOMMENDATION: Motion to accept the final Facility &Tourism Plan and approve the proposed 2001-2004 Tourism Action Plan/Lodging Tax Allocation. APPROVED FOR INCLUSION IN COUNCIL PACKET: (~ ~ f)~/~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED Council BILL # DENIED 1st READING TABLED/DEFERRED/NO ACTION ENACTMENT READ ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: November 20, 2000 To: Federal Way City Council _.tx David H. Mo~:¥~y~anager Via: From: Iwen Wang, Management Services Director ~ Subject: Facility and Tourism Plan and Lodging Tax Allocation Recommendation This memo will transmit to you the final facility feasibility study and the tourism strategic plan developed by Hunter Interest Inc., funded by 1999/2000 lodging tax; and the accompanying 2001 - 2004 tourism action plan and lodging tax allocation proposal. The Lodging Tax Advisory Committee approved the funding allocation proposal unanimously at their October 31 meeting, and requested the recommendation be forwarded to the Council for consideration. Committee Recommendation: Accept the final report from HII and approve proposed Tourism Action Plan/Lodging Tax Allocation and forward the same to City Council for adoption. k:\finance\councilXmemo2.doc GITY OF FACILITY FEASIBLITY STUDY AND TOURISM DEVELOPMENT PLAN Executive Summary HUNTER INTERESTS I N C O R P O R A T E D HUNTER INTERESTS I N C () R P O R A T E D The City of Federal Way engaged Hunter Interests Inc. (HII) to conduct a feasibility and market analysis of a number of public facility options and to develop a tourism-marketing plan. HII' initial situational analysis found the City has significant potential to become an urban focal point for South King County communities. To achieve that, however, the City must first overcome the lack of a multi-faceted urban center and the perception that Federal Way is a bedroom community defined by Pacific Highway South and SeaTac Mall. To overcome these impediments, HII recommends the City adopt a redevelopment strategy for its emerging downtown. This:would include a number of carefully planned and sited primary uses as anchors, including arts and entertainment, amateur sports, and civic and education uses. Accompanying the redevelopment plan is a tourism promotion strategy to market Federal Way and its many attractions. Lastly, the formation of a downtown Business Improvement District ("BID") that can coordinate and manage the redevelopment, promotion, and continued maintenance efforts and ensure the overall success of the plan. The report will identify the key market segments .the City could position itself in both the redevelopment efforts and in its development of the tourism market. In addition, the report will provide a set of detailed implementation steps the community can undertake in the near term to effect visible changes quickly as well as actions will require a longer time period to take shape and show effect. Overall, the implementation of the recommended strategies will require a significant level of support, patience, and flexibility from the community to be successful. OVERVIEW OF IMPLEMENTATION STRATEGIES The number one impediment to Federal Way's increased economic viability and tourism development is the lack of an urban focal point. The lack of a city center contributes to the perception of the City as a bedroom community that is defined by Pacific Highway South and SeaTac Mall. Downtown Federal Way has the potential to evolve into a vibrant urban center that offers an' environment with a diverse array of activities including housing, entertainment, shopping, dining, education, working, and, most importantly, social interaction with a diverse array of people and cultures. In addition, Federal Way's close proximity to regional transit and major transportation arterials brings the Puget Sound area's many natural attributes, attractions, and a collection of world-class public and private facilities into close reach, making Federal Way a focal point and action center for all of South King County. While the investment in, and development of, anchor facilities can play a strong role in creating a true urban core for Federal Way, the concern is that if such a facility or facilities are developed in isolation from a comprehensive City Center development strategy, their potential impact is HUNTER INTERESTS I N C O R P O R A T E D reduced, as is their market appeal. Therefore, it is equally important to have a mix of urban amenities and necessary supporting infrastructure in place to create a successful urban center. Using the Federal Way Comprehensive Plan's Urban Center Chapter and its vision as a foundation, HII recommends a redevelopment strategy for the City Center that includes the following components: · A pedestrian-oriented city center that serves as a focal point for not only Federal Way, but for all of South King County; · An anchor project or projects - including the transit center, civic and education center, performing arts or entertainment center, 'amateur-sports 'complex, etc. - that strengthen existing primary uses; · Tightly clustered new and expanded uses that generate people on the streets during daytime and evening hours; · Plaeemaking and physical/urban design improvements; · Street network improvements; · A greater number of unique small businesses that contribute to a livable urban center; · Skilled and experienced management of the downtown environment on a daily basis. It is important to note that some of these components are already major components of the city's work program. To be successful, ail major attractions and anchor projects need be surrounded by a pleasant, well- managed environment with supporting infrastructure including restaurants, retail, and other entertainment options. The initial development/redevelopment should focus improvements within a relatively concentrated geographic area and with each. anchor project carefully planned and sited. At the same time, the development plan must allow a significant degree of flexibility in the redevelopment process, especially given the limited number of publicly controlled sites within the City Center core. I. ARTS AND ENTERTAINMENT ELEMENT Based on an analysis of Federal Way's and South King County's trade area, demographics, and the current supply of entertainment venues and options in South King County, there is a substantial amount of untapped market potential for additional entertainment and leisure time facilities in Federal Way. The expansion of downtown Federal Way's cultural arts and entertainment offerings is one of the most important elements in creating a vibrant urban center and creating a distinct tourism destination. The introduction of additional entertainment facilities that are generative will strengthen the market potential of restaurants and other entertainment venues in the core area. The development of additional entertainment facilities will also help capitalize on the existing attractions in the area including Wild Waves/Enchanted Parks, the Weyerhaeuser/King County Aquatic Centei', and the strong local performing arts base for tourism development purposes. HUNTER INTERESTS I N C O R P O R A T E D The creation of a diverse entertainment district will also have a positive impact on the market potential for residential, office, and retail in the City Center core and surrounding frame area. In'order for Federal Way's City Center to be truly a 24-hour urban center, it has to be more than just a place for workers and shoppers. Characterized as a diverse entertainment zone that appeals to a wide variety of market segments, the City Center entertainment offering must have facilities and events that provide exciting, playful, contemplative, and educational experience. .The development r~f entertainment establishments will likely come from local operators/developers and community groups that possess local knowledge of the community, or through partnerships that combine this local knowledge and existing resources with national entertainment expertise. Type of Facilities A. Performing Arts Centre: The Federal Way Coalition of the Performing Arts has identified a significant demand for a state of the art facility with 1,000 to 1,200 seats in the area. The total square footage of a facility, depending on the final design, is expected to range from 80,000 to 100,000 gross square feet. The larger version would include 1,200 seats and a visual arts gallery of approximately 12,000 to 16,000 square feet. The likely development costs excluding site acquisition are expected to range from $17.4 - $21.5 million for the 80,000 square foot Version to $21.7 - $26.9 million for the 100,000 square foot scenario. Based on HII's situation and demographic analysis, the ability to raise the necessary capital from the private sector and the current limited number of supporting amenities in the City Center are the' primary impediments to the development of the Federal Way Performing Arts Center (PAC). One advantage that the Federal Way arts community enjoys is the presence of the Federal Way Coalition of the Performing Arts, which is an ideal organization to oversee the fundraising and development of the PAC. In addition to the capital cost, it is anticipated that the annual operating subsidy will -' range from $300,000 to $400,000. This operating subsidy will likely be on the high end if reduced rates are provided for local groups' usage. The next step.in the project and partnership development process is to engage a fundraising consultant to conduct a philanthropic market study to determine the fundraising potential of the Federal Way community. It should be noted that the significant private sector commitment is usually required prior to a formal commitment of public contributions. HUNTER INTERESTS I N C O R P O R A T E D B. Urban Entertainment Center: Another primary use that should be considered to energize Federal Way's City Center is an Urban Entertainment Center (UEC). The term Urban Entertainment Center is used to describe developments ranging from self-contained facilities with games, billiards, video, etc., to large mixed use centers featuring high-teeh electronics, including virtual reality, interactive games, sport facilities, theaters, and other leisure time activities. Entertainment facilities are often coupled with food and beverage space, and specialty retail stores. An opportunity ~ay exist to include an Urban Entertainment Center as part of the long-range redevelo, pment plan for the City Center. A site adjacent to the proposed sports complex would be ideal. Denver Pavilions is an example of a UEC that was developed as a result of a public/private partnership. This 350,000-square foot outdoor urban entertainment complex opened in November 1998 and includes a 15- screen, 3,700-seat United Artists cinema. This complex partnershiP involved the City of Denver, the Denver Urban Renewal Authority, and three banks. As a result of the high cost of urban land and other risks and obstacles associated with urban development, a gap of approximately $24 million had to be filled by the public sector to make this project a reality. Implementation and Action Steps A. Begin fundraising efforts for the Federal Way Performing Arts Center. B. Attraction of 10-20 Food and Beverage Establishments. C. Attraction of 10-15 Arts-Related and Live Entertainment Establishments. D. Development of Festivals, and Entertainment Series. HUNTER INTERESTS I N C O R P O R A T E D II. ATHLETIC FACILITY AND EVENT DEVELOPMENT COMPONENT The development of additional high quality athletic facilities and events in Federal Way will play a major role in the redevelopment of the City Center and tourism development. Furthermore, the continued development of world class athletic facilities will build on existing investments and assets such as the aquatic center, Celebration Park, the strategic location, proximity to transportation infrastructure and to the region's numerous outdoor recreational activities. As facilities and events are developed over time, a critical mass will be realized which will result in Federal Way being positioned as an entertainment and sporting mecca for the region that attracts ~ spending from tourists and. the region's residential base. 'Type of Facilities The recommended sport facility that best fits the City's current offerings is a multi-use sports complex with a field house and a Paradome-like development focused on integrating exercise, training, diet, education,' and entertainment. This unique sports facility is intended to be a place for the entire family, promoting safe and natural activities at one place. The facility will offer traditional health club facilities as well as numerous climbing walls, extensive pool facilities with wind and wave machines and indoor white water river for sea kayaking, river kayaking, windsurfing and sailing, indoor and outdoor ski and snowboard training, indoor and outdoor skateboarding facilities, paragliding and hang gliding--on-site tow capabilities will enable flyers to gain experience and confidence in controlled conditions, retail sales and rental of recreational equipment, concert venue, child care, educational exhibits and cultural activities. A venue to host competitions and television events and learning/seminar center would likely range from $14 to $40 million and require four to nine acres, depending on the inclusion of outdoor space for additional activities. Implementation Stratel~ and Action Steps A. Steps in Developing Multi-use sports complex: · Secure transferable options on potential sites for athletic and educational facilities in close proximity to the City Center. · Issue RFQ/Request For Interest to determine level of interest and to narrow potential facility concepts · Final site selection based on preferred concept and interest from private sector · Issue formal RFP to private sector developers and institutions · Negotiate private/public partnership · Begin construction B. Create competitive sports events using existing parks/facilities ~ . · Research and create three events such as Northwest ultimate frisbee championship, men's and women's open soccer tournament sponsored by local radio stations with prizes, etc. · Promotional/advertising campaign HUNTER INTERESTS I N C O R P O R A 'f E D IlL FEDERAL WAY DOWNTOWN MANAGEMENT COORDINATION There is little hope that either the downtown revitalization program or the tourism plan will achieve its full potential unless there is an active group of business and property owners who meet regularly, plan and oversee activities, and share responsibilities. This policy level group needs to be supported by a competent and experienced staff whose only responsibility is managing the City Center improvement strategy and implementing the downtown development and promotion plan. Together, policy and staff level personnel must constitute an effective downtown management entity that works all day, every day, on improving the downtown area. Create a Downtown Business Improvement District (BID) The Downtown Busines~ Improvement 'District-will-provide an institutional-and financial base for meeting several needs of modern downtown areas such as: · Organize cooperative advertising campaigns among businesses; · Coordinate the establishment of a fresh, recognizable identity for the business area; · Provide maintenance, security, and hospitality needs; · Produce festivals and events, and erect directional signage; · Create programs to help the homeless. There are many successful examples including the Local Development Council of Tacoma. A private, not-for-profit corporation with a 501-C 4 status, the LDC was formed in 1988 composed of taxpayers and business people from the 84-blocks of the city's primary commercial area wherein properties are assessed a fee to provide additional security, maintenance, and marketing services. The Tacoma LDC has also operated a business recruitment program and is providing general leasing assistance, including an Internet program to market LDC properties in cooperation with the City of Tacoma. The Creation of BID Washington State statute (35.87A) established a specific process requirement for the formation of a BID. In summary, it requires: · Business/taxpayer represent 60% of the proposed assessment by petition or the City Council by resolution may initiate the formation of a business improvement district with specific purposes, projected budget, and proposed district boundary. · City Council to notify all business and residents within the proposed area of the proposed assessment and conduct public hearing on the BID formation and the assessment · Unless more than 50% of assessed parties oppose its formation, the BID can be formed and . assessments can be levied to implement the proposed programs. vi HUNTER INTERESTS I N C O R P O R A T E D IV. TOURISM DEVELOPMENT PLAN Hunter Interests' situation analysis has indicated considerable potential for the City of Federal Way to broaden penetration of Puget Sound's massive tourism market. The local attractions, the growing high quality hotel supply, and the City's close proximity to key transportation linkages and major regional attractions provide an excellent foundation on which to _expand Federal Way's tourism industry and its impact on the local economy. Tourism Development Recommendations Federal Way is blessed .with numerous assets, which can be capitalized on to expand penetration of the lucrative touris~ industry. While Federal Way is not considered a primary destination for a majority of travelers, it~ assets make Federal Way an attractive base (lodging location) from which to visit the region's primary attractions such as downtown Seattle and Mt. Rainier National Park. The primary tourism development theme should closely mirror the strength~ and assets of the community. Thus, Federal Way should focus on promoting itself as an affordable, safe gateway to the Puget Sound region that provides top quality hotels with excellent access to transportation .infrastructure and recreational outlets.' Within this overall theme there are several sub-themes and specific market attributes/strengths that can be developed to match Federal Way's market orientation and target markets. Key threats to overcome in Tourism Development · Image/reputation of strip malls and fast food · Connectivity between assets and City Center to the hidden assets · Limited amount of development and promotional funds (lodging tax) The redevelopment of Federal Way's City Center over the next few years will have a dramatic impact on the image and perception of Federal Way and will serve as a connector of existing ~assets. Over the short term it will be important to get the Federal Way message out to potential ,visitors. Key Action Items A. Enhance curb appeal B. Create and market a new city image C. Create a vibrant downtown anchored by major facilities ' D. Create linkages between downtown and hidden assets HUNTER INTERESTS I N C O R P O R A T E D CONCLUSION Federal Way is unique in the South King County community as it has both the beauty of the Puget Sound coastline and a close proximity to ali the key transportation arterials in the region. These unique positions provide unmatched potential for Federal Way to evolve into the focal point and action center for South King County. Through a well planned and implemented strategy, downtown Federal Way can bec~me the vibrant urban center that offers an environment with a diverse array of activities including housing, entertainment, shopping, dining, education, working, and social interaction for the South King County communities. It is imperative that all the strategic components in the redevelopment plan be undertaken as a package, not in isolation, in order to reach the desired results. The community must understand that these changes will not be accomplished overnight, but will require a significant level of patience, commitment, diligence, and flexibility in carrying out such a redevelopment plan. Once completed, the recommended strategies will produce significant physical improvements in a focused area of downtown and substantial economic benefits for the greater Federal Way community. To be successful, the stakeholders must come together to plan and oversee activities, and share responsibilities and be supported by a competent and experienced staff, whose only focus is managing and coordinating the implementation of these efforts. A Business Improvement District can provide the institutional and financial structure to facilitate this function. As a tourism destination, Federal Way has a lot to offer. The segments Federal Way is particularly suitable in pursuing include: families seeking affordable destinations with an array of nature, sport activities, and commercial recreations; senior groups attracted to the horticulture attractions and proximity to regional attractions; the participants and spectators for amateur sports events. To change the perception of the community and increase its tourism activities, the on-going city center redevelopment plan will play an important role in creating a safe and appealing setting to visit and linger. In addition, a well-defined and concerted marketing and cross marketing effort in combination with the development of special festivals, competition, and other events, will go a long way to broaden Federal Way's regional appeals. Federal Way is a community with many outstanding attributes and considerable potential to become a vibrant urban center offers tourism activities both within the City or as a gateway for a number of regional attractions. The redevelopment of a multi-faceted and multi-used city center and the tourism promotion program should work hand in hand in achieving these potentials. This transformation will take time and requires the community's commitment, patience, and flexibility. Vill CITY OF FACILITY FEASIBLITY STUDY AND TOURISM DEVELOPMENT PLAN Final Report HUNTER INTERESTS I N C O R P O R A T ED Tabl.e of Contents Section Page I. Introduction and Background 1 II. Existing Downtown and Market Area Conditions 3 A. Market Overview 3 4 :'B. Trade Area : C. Federal Way Employment and Attraction Base · 8 D. Federal Way Transportation Infrastructure 10 E. Summary Market Area Conditions 10 III. City Center Development Plan 12 A. Strategic Approach to Revitalization and City Center Development 12 B. Arts and Entertainment Development Strategy 13 C. Athletic Facility and Event Development 21 D. Federal Way City Center Management Coordination 27 IV. Tourism Development Plan 30 A. Federal Way Tourism Offering Analysis 30 B. Tourism Development Recommendations 32 HUNTER INTERESTS I N C O R P O R A T E D I. Introduction and Background Hunter Interests Inc. (HII) was engaged by the City of Federal Way to conduct a market analysis for a public assembly facility and develop a tourism marketing plan. Based on our situation analysis of Federal Way and the surrounding area, it was determined that the number one weakness of Federal Way today in terms of economic viability is the lack of.a community focal point. The lack of a strong urban center contributes to the perception of the City as a bedroom community that is defined by Pacific Highway and SeaTac Mall. While Federal Way has many dedicated supporters and cheerleaders, general perceptions about the area in the regional population, particularly those with only periodic contact, are negative. Key elements of a vibrant town center or urban center are the same elements that are necessary to support public assembly facilities. These elements include: Restaurants Entertainment/retail Transportation infrastructure Hotels Gathering places/focal points Centers of employment Therefore, it is equally important to have strong market support and the necessary support infrastructure and environment in place. The City of Federal Way has correctly identified the importance of a def'mable, vibrant City Center in its comprehensive plan. The development of public assembly and performing arts facilities can play a strong role in creating a mixed use, pedestrian- friendly urban center for Federal Way. However, if developed in isolation, from a comprehensive City Center development strategy, their potential impact will be dramatically lessened as will the facilities' market appeal. Successful urban centers provide an array of primary uses. Primary uses include entertainment, employment, retail, housing, and civic functions. The greater the number of tightly clustered primary uses, the stronger the urban environment. A tree urban center is the focus of community life and should include a concentration of cultural, social,' and business activities. It is a common element in the lives of all residents--a place defining the character and image of the community. HUNTER INTERESTS I N C O R P O R A T E D Downtown Federal Way has the potential to evolve into the vibrant urban center that offers an environment with a diverse array of activities and reasons to be in the City Center including to live, be entertained, shop, dine, be educated, work, and, most importantly, to interact socially with a diverse array of people and cultures. The lack of a community core and focal point is also considered the number one impediment to Federal Way's increased attraction of tourism spending...The numerous attractions and parks in Federal Way represent a significant number of spokes in the wheel. However, they' first need a hub to pull the offering together along with an increased number of prima~y uses. Nationwide, the concerted efforts of public and private sector leaders have been necessary to strengthen city cores or town centers which are critical for a strong regional economy. City Centers are coming back in many American cities in response to aggressive revitalization efforts in support of realistic redevelopment plans. In most instances this is being accomplished through innovative public/private ventures and the pursuit of new markets such as entertainment and leisure activities, rather than trying to replicate the central business district of the past. As a result of Hunter Interests' initial market and situation analysis findings in Federal Way, the original scope of the engagement has been modified from a supply and demand analysis for a specific public assembly facility to a revitalization/development strategy that complements the long-term vision for Federal Way's City Center. This work process is to include development strategies for a performing arts center and amateur sport complex as two key primary uses of the City Center. The last section of the report details a tourism development strategy for Federal Way. The~purpose of this revised approach is to assist public and private sector leadership in identifying and realizing the potential of Federal Way's tourism industry through coordinated short-term actions and a feasible long-term framework of incorporating entertainment into the City Center's development plan. HUNTER INTERESTS ! N C O R P O R A T E D II. Existing Downtown and Market Area Conditions A. Market Overview With the local and regional orieritation of both existing and potential-downtown establishments, the economic and demographic statistics for these areas provide a · " reference point for evaluation of current and potential demand that' caTn be attracted from the local and regional m. arketplace. Federal Way is located in the southwestern comer of King County between Puget Sound and the Green River Valley, approximately 25 miles from downtown Seattle, eight miles from downtown. Tacoma, and 15 miles from SeaTac Airport. Seattle and the Puget Sound region have consistently been ranked one of the most livable cities and regions in the United States. The area offers the waters of Puget Sound, the Olympic Mountain Range, Mount Rainier, Lake Washington, the Cascade Mountains, and a vibrant urban hub in downtown Seattle for recreational and sightseeing opportunities. The Puget Sound region's many amenities and attractions draw over 7.6 million out-of- state visitors annually, generating $2.8 billion for the King County economy. The Seattle-Tacoma area also enjoys a broad business base anchored by the high technology industry, aerospace, and domestic and international trade. Major employers in the region include Boeing, Microsoft, Amazon.eom, Starbucks, Costco, and Nordstrom. Approximately 60% of Washington State's population resides in the Seattle-Tacoma consolidated area. This concentrated market segment accounts for over 64% of all retail sales in the state and indicates the importance of the Puget Sound 'region to the economy of the state and the northwest region. According to Sales and Marketing Magazine, the Seattle-Bellevue-Everett metro market (Island, King, and Snohomish Counties) has an estimated population of 2.34 million people, with 1.68 million residing in King County. The 1999 population of the Tacoma (Pierce County) metro market is estimated to be 699,800, which is expected to grow to over 741,100 by the year 2004. During the same period the Seattle-Bellevue-Everett metro market population is expected to grow to over 2.5 million. 3 HUNTER INTERESTS I lq C O R P O R A T E D Incorporated in 1990, Federal Way is the seventh largest city in the State of Washington with a population of over 77,000. B. Trade Area The trade area from which retail, entertainment, food and beverage, hotels, and other commercial establishments obtain their market support is determined by a number of interacting factors including accessibility, limitations of driving/ walking time and distance, the extent of physical barriers, ambiance, and the presence and location of competitive facilities. The 2-mile ring represents the primary market area for convenience goods, which are usually purchased very close to home. The 5- and 15-mile rings represent 'the secondary and tertiary market areas for specialty retail, entertainment, attractions, sporting events, restaurants, bars, museums, festivals, etc. Federal Way has over 38,000 people living within two miles of Interstate 5 and 320th Street with an average household income of $107,000. The household income of this residential base is approximately $44,000 greater than the average household income of the residential base within 15 miles of downtown Federal Way. Within a 10-mile ring of downtown Federal Way there are currently over 184,000 residents and 520,000 within 15 miles, representing significant target markets for appropriately positioned entertainment venues, festivals, and retail. The key to the attraction of demand from outside the immediate Federal Way market area is to provide a unique atmosphere and array of activities that are not provided in south King County. As :is illustrated by Table 3, south King County has experienced significant growth in resident income during the 1990s. The significant growth in income is an excellent indicator for leisure time activities as a result of increased disposable incomes available for these activities. HUNTER INTERESTS I N C O R P O R A T E D Table 1 Population and Households I-5 and S. 320th Street 2-Mile Ring 10-Mile Ring 15-Mile Ring Population: 2004 38,186 194,693 548,054 1999 36,395 184,269 520,709 1990 32,908 162,850 462,522 1980 23,868 116,194 365,186 ~ Change 90-99 10.6% 13.2% 12.6% % Change 80-90 37.9% 40.2% 26.7% Households 2004 15,014 76,028 214,015 1999 14,146 71,276 201,932 1990 12,456 61,706 1980 8,321 40,933 135,060 % Change 90-99 13.6% 15.5% #VALUE! % Change 80-90 49.7% 50.7% #VALUE! Average HH Size 2004 2.77 2.51 2.47 1999 2.81 2.53 2.49 1990 2.89 2.57 2.53 Families 2004 10,011 51,052 139,482 1999 9,588 48,562 133,358 1990 8,724 43,262 119,908 % Change 90-99 9.9% 12.3% 11.2% Housing Units 2004 15,545 79,131 224,729 1999 14,651 74,185 212,109 1990 13,445 65,654 188,393 Source: Claritas; Hunter Interests Inc. 5 HUNTER INTERESTS I N C O R P O R A T E D Table 2 1999 Population Age Distribution I-5 and S. 320th Street 2-Mile Ring % 10-Mile Ring % 15-Mile Ring % Total Population 36,395 184,269 520,709 - Under 5 Years 2,693 7.4% 14,366 7.8% 39,837 7.7% 5 to 9 Years 2,731 7.5% 14,396 7.8% 40,319 7.7% 10 to 14 Years 2,703 7.4% 13,889 7.5% 38,204 7.3% 15 to 19 years 2,420 6.6% 12,291 6.7% 34,799 6.7% 20 to 24 Years -2,183 6.0% 10,862 5.9% 31,490 6.0% 25 to 29 Years 2,671 7.3% 13,414 7.3% 36,802 7.1% 30 to 34 Years 3,104 8.5% 15,438 8.4% 40,665 7.8% 35 to 39 Years 3,490 9.6% 17,456 9.5% 46,737- 9.0% 40 to 44 Years 3,196 8.8% 16,236 8.8% 44,629 8.6% 45 to 54 Years 4,652 12.8% 23,855 12.9% 68,546 13.2°A 55 to 64 years 3,140 8.6% 15,315 8.3% 43,849 8.4% 65 to 74 Years 1,884 5.2% 9,576 5.2% 29,119 5.6% 75 to 84 years 1,076 3.0% 5,387 2.9% 18,825 3.6% 85 Years and Over 446 1.2% 1,775 1.0% 6,898 1.3% Total Median Age 34.5 34.2 34.8 Source: Claritas; Hunter Interests Inc. Table 3 Income/Buying Power I-5 and S. 320th Street 2-Mile Ring 10-Mile Ring 15-Mile Ring Per Capita Income 1999 $37,894 $29,274 $25,257 1989 (Census) $22,610 $18,418 $16,006 % Change 89-99 67.6% 58.9% 57.8% Avg. Household Income 1999 $107,074 $74,586 $63,715 1989 (Census) $65,739 $47,763 $41,196 % Change 89-99 62.9% 56.2% 54.7% Med. Household Income 1999 $79,090 $52,742 $45,712 1989 (Census) $52,399 $36,414 $31,768 % Change 89-99 50.9% 44.8% 43.9% Source: Ciaritas; Hunter Interests Inc. HUNTER INTERESTS I N C O R P O R A T E D Table 4 1999 Households by Household Income I-5 and S. 320th Street 2-Mile 10-Mile 15-Mile Ring % Ring % Ring - % Under $10,000 599 4.2% 2,946 4.1% 12,511 6.2% $10,000 to $19,999 1,240 8.8% 5,457 7.7% 20,745 10.3% $42,000 to $24,999 708 5.0% 3,079 4.3% 10,274 5.1% $25,000 to $29,999 747 5.3% 3,225 4.5% 9,988 4.9% $30,000 to $34,999 775 5.5% 3,533 5.0% 11,274 5.6% $35,000 to $49,999 2,244 15.9% 11,212 15.7% 31,884 15.8% $50,000 to $74,999 3,469 24.5% 18,727 26.3% 47,454 .23.5% $75,000 to $99,999 2,111 14.9% 11,262 15.8% 28,277 14.0% i$100,000 to $149,999 1,538 10.9% 7,726 10.8% 19,329 9.6% $150,000 and Over 719 5.1% 4,089 5.7% 10,181 5.0% Total Households 14,150 71,256 201,917 Source: Claritas; Hunter Interests Inc. 7 HUNTER INTERESTS I N C O R P O R A T E D C. Federal Way Employment and Attraction Base In addition to the substantial resident base, Federal Way is home to a number of major organizations including: · Weyerhaeuser Company -- A $10.4 billion company that employs over 38,000 employees worldwide and is the leader in the forest products industry. Weyerhaeuser corporate headquarters in Federal Way employs over 3,000. · -:3/qorld Vision -- An international non-profit Christian relief organization that employs over 550 at its Federal Way headquarters. · Capital One -- A financial corporation has its western region operatiOns center in Federal Way employing over 500. · Free inet - Located in the city center, Free iNet has over. 300 employees and provides free internet access to approximately 4 million subscribers nationwide. Other major employers in Federal Way include St. Francis Hospital, (600 employees) Costco Wholesale (327), Fred Meyer (279), Financial Pacific Association (200), Sears (200) and Safeco (150). The Washington Credit Union League, Washington Education Association, and the Washington Trucking Association are also located in Federal Way. Federal Way offers residents and visitors an array of attractions and recreational opportunities including the following: · ,Enchanted Parks -- a water and fide theme park set on 70 acres. Rides include the Skycoaster and 24,000-square foot wave pool. · Steel Lake Park -- offering a summer concert series adjacent to downtown, and Family Fest, a summer celebration of local talent and arts, as well as lakeside picnic areas and an array of recreational activities. · Celebration Park -- a national tournament facility offering four lighted fields for soccer and four for baseball and a natural and wetland forest trail adjoining downtown Federal Way. Celebration Park is also home of the July 4th Red, White and Blues festival. · Hylebos State Park- a 150-acre reserve that protects wetlands and wildlife with an elevated boardwalk trail.' HUNTER INTERESTS I N C O R P O R A T E D · Dash Point State Park -- 398 acres on Puget Sound offering beach access and picnic and camping sites. · Pacific Rim Bonsai Collection -- an outdoor museum of living art elegantly displayed in a beautiful woodland setting. · Rhododendron Species Botanical Garden -- collection consists of more than 450 rhododendron species from North America, Europe, Asia, and Australia. · BPA Trail -- connects Celebration Park to Panther Lake with 2.5 miles of paved trails. · Dumas Bay Centre -- 12-acre natural recreation park and multi-use facility offering conference rooms, performing arts center, and landscaped garden overlooking Puget Sound. · Emerald Downs -- a high quality horse racing facility. · North Shore Golf Course -- a public 18-hole golf course. · Christy's Golf Course -- a three-par executive course in a natural setting. · SeaTac Mall -- located in the heart of downtown Federal Way offering 115 diverse stores and restaurants. · Weyerhaeuser King County Aquatic Center -- a world class venue for aquatic competitions and the regional training site of Olympic athletes. The 1999 Goodwill Games were held at this facility as well as the 1999 Olympic synchronized swimming time trials. The 2000 Olympic diving competitions will also be held at this facility. The center offers public swims, swimming instruction, and classes. Federal Way also enjoys a strong arts community including the following organizations: · Centerstage -- a non-profit company dedicated to professional theater, which provides a showcase for local artist. · Federal Way Chorale -- providing an opportunity for vocalists to learn and perform exciting works from many styles. · Federal Way Symphony Orchestra -- a professional orchestra performing in south King County since 1985. Ten weekend concerts are presented each season. 9 HUNTER INTERESTS I N C O R P O R A T E D · Harmony Kings -- Chorus of 70 men who perform the best of barbershop harmony. · Jet Cities Chorus -- Women's a cappella singing organization that performs four-part barbershop harmony. · Puget Sound Musical Theatre -- high quality musical theater productions provided by local performers with professional direction. · Symphonic Band -- formed in 1982 to allow adult continuation of band music programs and to support musical involvement in the commuriity. The band's concert season included three performances. D. Federal Way Transportation Infrastructure Strong transportation linkages already exist in Federal Way and its environsi · The City of Federal Way offers excellent proximity and connections to an array of transportation infrastructure, including Interstate 5, approximately one to two minutes from downtown, and SeaTac Airport, approximately 15 minutes away. · SeaTac Airport accommodates nearly 26 million passengers annually, and is served by 52 domestic and 13 international carriers. · Federal Way is also served by State Route 18 with two lanes in each direction providing a north-south alternative to I-5. This connects to Interstate 90 and State Route 99 which parallels Interstate 5. Access to Kitsap County from Federal Way is provided via the Tacoma Narrows Bridge, which crosses Puget Sound via State Routes 16 and 3. · Federal Way has also been designated as an urban center to receive enhanced regional transportation improvements including the construction of a new transit center scheduled to be completed in 2002:2003. · The development of the transit center combined with the economic development incentives of the City and the Chamber of Commerce, including the attraction of major employers, has set the stage to create an identifiable downtown that serves as a focal point for the community. E. Summary Market Area Conditions Federal Way enjoys a growing residential base with strong growth in disposable income coupled with a strategic location in relationship to major metropolitan areas and HUNTER INTERESTS INCORPORATED transportation infrastructure. The primary impediment to the continued evolution of Federal Way is the creation of a tree community focal point. 11 HUNTER INTERESTS i N C O R P O R A T E D III. City Center Development Plan A. Strategic Approach to Revitalization and City Center Development Federal Way's current comprehensive plan does an excellent job of presenting concepts and strategies for creating a definable and vibrant"City Center" for Federal Way and an "urban center" for southwest King County. The plan correctly identifies the need to concentrate high-density uses in the core around a central gathering place combined with an enhanced street network. The plan also correctly acknowledges that the redevelopment and rep0~itioning of the core will take time and a significant degree of flexibility. The following sections detail HII's redevelopment recommendations for the City Center, as well as development recommendations and development strategy for a performing arts center and sport complex. In order to be successful, the redevelopment strategy for the City Center needs to combine the following key components: · Creation of a pedestrian-oriented town center that will serve as a focal point for Federal Way and south King County · Implementation of key anchor projects that create additional and/or strengthen existing primary uses in downtown (entertainment, transit facilities, employment, housing, civic functions, etc.) · Tightly clustering new and expanded uses that generate people on the streets during daytime and evening hours · Placemaking and physical/urbandesignimprovements · _ .:Street network improvements · Growth in the number of unique small businesses that contribute to a livable urban center. · Skilled and experienced management of the downtown environment on a daily basis In order for the revitalization effort for downtown to be successful, it is imperative that these components be undertaken as a package, not in isolation. It is also critical that key generative attractions, such as a performing arts center be surrounded by a pleasant, well managed environment with appropriate support infrastructure, such as restaurants, retail, and other entertainment options in order to realize their full economic impact on the City Center. HUNTER INTERESTS ! lq C O R P O R A T E D In order to maximize the impact of the planned improvements such as the transit center physical improvements and the introduction of new primary uses, the initial development/redevelopment strategic plan should focus development and improvements within a relatively concentrated geographic area. The selection of specific projects and activities to be included in the focus area need to be carefully planned and sited to achieve maximum impact and create exciting new public open spaces. However, it should be noted that a significant degree of flexibility should be integrated in the redevelopment process, especially given the limited number of publicly - controlled sites within the City Center core. If successful, the anchbr :projects included'in this strategy -will produce significant physical and economic change in a focused area of downtown. The details of each component of the downtown revitalization strategy are described in the following Sections of this report, along with certain flexible long-term developments that would follow and are also considered to be part of the long-range City Center ~edevelopment plan. B. Arts and Entertainment Development Strategy The expansion of downtown Federal Way's cultural arts and entertainment offering is one of the most important elements of the revitalization of downtown to create a vibrant urban center. The introduction of additional entertainment facilities that are generative will strengthen the market potential of restaurants and other entertainment venues in the core area. The development of additional entertainment facilities will also help capitalize on the existing attractions in the area including Wild Waves / Enchanted Parks, the aquatic center and the strong local performing arts base for tourism development purposes. The creation of a diverse entertainment district will also have a significant positive impact on the market potential for residential, office, ~an&retail in the City Center core and surrounding frame area. In order for Federal Way's City Center to be truly a24-hour urban center, it has to be more than just a place for workers and shoppers. Characterized as a diverse entertainment zone that appeals to a wide variety of market segments, the City Center entertainment offering must have facilities and events that provide the following kinds of experiences: 13 HUNTER INTERESTS ! bi C O R P O R A T E D Exciting Contemplative · Arcades · Movies · Nightclubs/live music · Coffee shops/dining · Fantasy/escape attractions · Theater Playful Educational · Games/storytelling · Arts · Sports-oriented · Books · Museums The~basis of the entertainment development strategy is to develop facilities that are geared toward regular use by South King County residents, as opposed to occasional visitors, and, in turn, creates a steady stream of new demand that encourages incremental infill/reuse development of the existing commercial development pattern. Once South King County residents have embraced downtown Federal Way as the place to be, entertainment penetration of a broader geographic region will be increasingly realized, including penetration of the lucrative tourist market. The development of entertainment establishments will likely come from local operators/developers and community groups that possess local knowledge of the community, or through partnerships that combine this local knowledge and existing resources with national entertainment expertise. Demand for major attractions and entertainment is a function of'the propensity of different population segments to spend discretionary income on leisure activities. Each market segment behaves differently in this regard. For example, people on vacation spend money they may have saved for entertainment, while local residents may spend less~on a day-to-day basis, but occasionally go to movies, restaurants, etc., throughout the year. Most major regional entertainment attractions, such as aquariums, museums, and spO-nting venues, must successfully penetrate the local market as well as attract leisure travelers to generate the levels of direct and indirect economic impacts needed to warrant · the necessary public sector investment. For leisure travelers, a particular destination may be the primary purpose of travel, or it may be a secondary destination and entertainment option. Leisure spending is essentially a luxury. Population segments with significant amounts of discretionary income are more likely to patronize entertainment venue of all types, including aquariums, museums, Broadway shows, restaurants, concerts, sports, nightclubs, etc. HUNTER INTERESTS I N C O R P O R A T E D Based on an analysis of Federal Way's and South King County's trade area demographics and the current supply of entertainment venues and options in south King County, there is a substantial amount of untapped market potential for additional entertainment and leisure time facilities in Federal Way. The Federal Way Coalition of the Performing Arts has correctly identified a-strong need for a performing arts center in the area. Based on a review of the Federal Way arts organizations and likely school usage, art facilities in Federal Way would experience usage at least 300 days a year, if not more. ,, Based on demand projections derived from information provided by area arts groups, a state of the art theater with 1,000 to 1,200 seats would be ideal. The total square footage of a facility, depending on the final design, is expected to range from 80,00.0 to 100,000 gross square feet. The larger version would include 1,200 seats and a visual arts gallery of approximately 12,000 to 16,000 square feet. The likely development costs excluding site acquisition are expected to range from $17.4 - $21.5 million for the 80,000 square foot version to $21.7 - $26.9 million for the 100,000 square foot scenario. In addition to the capital cost, it is anticipated that the annual operating subsidy will range from $300,000 to $400,000. This operating subsidy will likely be on the high end if reduced rates are provided for local group's usage. Partnering with the Federal Way school system to develop and operate a performing arts center (PAC) creates an opportunity to reduce the annual operating deficit and provides an additional source of development funds. However, if the performing arts center is intended to serve as both a community facility and economic development stimulus, it is imperative that the PAC not be developed in isolation from the City Center core and it is strongly preferred that the Center not be physically integrated with a school. In order to successfully attract demand from outside the immediate trade areas is critical that the Federal Way PAC be positioned as a first class facility and create the perception that it provides a superior experience in every facet including .the.-surrounding atmosphere and support infrastructure. The Chandler Performing Arts. Center in Arizona is an excellent example of a performing arts center developed joindy with the school system that provides a state of the art experience to both performers and patrons. A performing arts facility located in such an environment will have far greater success in penetrating the South King County resident base outside of Federal Way than would a stand-alone location in a typical suburban setting. It is recommended that the Federal Way PAC incorporate a grand entranceway preferably facing onto a grand civic space such as a town green, piaT. Ta, fountain, etc. This outside 15 HUNTER INTERESTS I N C O R P O R A T E D space can be used in conjunction with the ballroom, and with or without tents, for community festivals, arts festivals, and larger consumer shows. Based on the well-organized array of Federal Way-based performing arts groups and their strategic location near the City Center, we believe that if developed and operated in a first class manner, the PAC would experience strong utilization and attendance levels by industry standards. However, it is important to understand that there will be considerable competition from nearby communities such as Kent and Auburn which underscores the need to place strong emphasis on the quality of the PAC as opposed to the time it takes to develop the Center and its surrounding environment. Currently the City of Kent is planning a 600-seat theater, and a 125-seat black box theater in the heart of downtown Kent with an estimated development cost of $20 million. The Kent Civic and Performing Arts Center Board is hoping to raise $8 million from the private sector, $2 million from County and State, and $8 million from a City. bond issue. In addition, the City of Kent provided a 2.3 acre site in the heart of downtown Kent which will be adjacent to a planned mixed use development that will include entertainment, food and beverage, residential, retail, office, and the new transit center. The Kent PAC is projected to accommodate 187 event days on an annual basis and incur an annual operating subsidy of approximately $350,000. The Kent partnership and funding model provides an excellent example for Federal Way. Similar to the excellent community cultural and facilities plan prepared previously under the guidance of the Federal Way Arts Commission, Kent first prepared a conceptual design study based on local arts groups' needs. The next step in the development and partnership development process is to engage a fundraising consultant to conduct a philanthropic market study to determine the fundraising potential of the Federal Way community. It should be noted that the fundraising analysis and plan in Kent was conducted three years prior to a formal site commitment from the City of Kent. Based on HII's situation and demographic analysis, the ability to raise $10-$12 million from' the private sector and the current limited number of supporting amenities in the City Center are the primary impediments to development of the Federal Way PAC. One advantage that the Federal Way arts community enjoys is the presence of the Federal Way Coalition of the Performing Arts, which is an ideal organization to oversee the fundraising and development of the PAC. It is anticipated that approximately $35,000-45,000 will first need to be raised to employ a fundraising consultant for the PAC. Once the fundraising analysis is complete, the next step will be to raise approximately $400,000 to $500,000 to hire an executive director during the predevelopment period and to fund the public relations and fundraising campaign. HUNTER INTERESTS [ N C O R P O R A T E D To jumpstart this fundraising process, a steering committee of community and business leaders should be formed to guide the fundraising campaign and to help identify prospective major donors. Once major corporate and individual donations have been pledged, the community at large will be solicited. As previously cited, it is strongly recommended that the Federal Way PAC i~e located in the City Center core, or at worst in the frame area surrounding the City Center. Since '" facilities of this' type often take years to develop and given the likelihood that Federal Way's City Center will ~undergo a gradual shift in the development pattern, it is important to remain flexible regarding site options. Based on cun'ent conditions and available land in the City Center,' there'currently are two primary site options for the PAC, which will require 2-2.5 acres (does. not include parking): -~ Transit Center Parking Garage -- According to information provided by Sound Transit, an investment of $600,000 would enable the planned 1,200-vehicle garage to structurally accommodate the development of the PAC on top of the garage. If feasible, this opt, ion would reduce the total development cost of the PAC since it would potentially reduce 'property acquisition costs and eliminate the need to develop parking to support the PAC and surrounding activities. In addition, it would place the PAC in the heart of the City Center and support infrastructure. The PAC would also serve as an icon for Federal Way and have superior visibility. The one disadvantage of locating the PAC on top of the parking garage is that it might diminish the amount of pedestrian activity generated by the Center. However, this disadvantage can be mitigated by clustering food and beverage establishments, retail establishments, and civic amenities in close proximity of the garage to induce PAC patrons to extend their visit to the City Center. Truman School -- The school site provides another possible site opportunity for the PAC, especially if a partnership can be created with the school system. In summary, the proposed performing arts center can also serve as a strong symbol for Federal Way's transformation from a suburban bedroom community to a diverse urban center. The Center is also clearly needed by the numerous Federal Way based arts organizations, which indicates strong utilization levels throughout the year for the PAC. However, it is important to note that facilities of this nature in communities similar to Federal Way takes years to fired and develop. In order to make the Federal Way PAC a reality, it will take a great deal of patience, creativity, and commitment from strong community-based organizations such as the arts coalition. 17 HUNTER INTERESTS I N C O R P O R A T E D In order to complement the PAC and to help the transformation of Federal Way into a true urban environment, it is critical that an array of entertainment establishments be located in the City Center. The entertainment mix should include an array of food and beverage establishments, which are an integral element of a vibrant urban center and can collectively become a primary use and destination. People are drawn to an area that offers varied food and beverage options, which ideally range from modestly priced cafes and dells to an eclectic mix of fine dining establishments. Food and beverage, entertainment, and retail benefit significantly from clustering and the realization of critical mass. Greenville, South Carolina, a city with a population of approximately 60,0~00 has seen its downtown evolve into a regional leisure destination. Part of downtown Greenville's appeal is an array of entertainment venues and more than 30 restaurants clustered in downtown.. Many patrons of the downtown area do not make their restaurant and entertainment selections until after arriving downtown. Some travel significant distances to get to downtown Greenville because they want to' be there---to walk the streets, see the sights, smell the restaurant smells, check the lines, window shop, stop in stores. Live entertainment venues in a downtown district can help define its character, create excitement, draw people, and provide a theme for the city's night life. Small venue dubs provide a range of musical and performing arts attractions, which contribute to the excitement and attract the 18-to-35 year old market segments. Music festivals like the Alive After Five concert series are excellent generators of evening activity and are complementary to permanent venues. In Greenville, South Carolina, free concerts occur at least twice a week, inducing office workers to stay downtown and attracting evening visitors from the suburbs who would not,otherwise visit downtown. The concerts provide an activity that fills a void between work and peak dining hours. The effect has been increased capture of downtown office workers by downtown restaurants, as well as the attraction of suburbanites because downtown provides a more complete evening of entertainment than suburban restaurant locations. It is important that the concerts be regularly scheduled events in order to build a loyal following.. Many cities have successfully used civic events and festivals in their downtown areas to bring people back downtown, put more people on the streets, and create additional reasons for suburbanites to visit the downtown area. Positive experiences when visiting downtown are particularly important for those who do not frequent the downtown area regularly. In Denver, for example, Buskerfest is a week-long celebration of European- style street performers which has become extremely popular--suburban families bring young children downtown to see different performers in a festival environment, with everyone having fun. HUNTER INTERESTS I N C O R P O R A T E D Other cities use back-to-back festivals every week during good weather to create multiple reasons for new people to come downtown. Even the set-up and clean-up activities bring more life and energy to the downtown area. Actual sponsorship and event management would be the responsibility of a wide variety of sponsoring organizations, with coordinated assistance from the City Center management organization (see City Center management recommendations f6r additional details) in the form of arranging permits, street closures, police support, cleanup, etc. Once organized and staffed, this management organization should contact the International Downtowh Association (IDA)for examples of. successful festivals and events held by IDA members in downtown areas throughout North America. Many excellent examples with specific objectives such as 'stimulating retail sales can be found, along with assessment of their impacts, costs, and sponsoring organizations. A full-time staff member in the City Center management organization with volunteer support from organizations sponsoring specific events will be necessary to properly implement this important strategy. Another primary use that should be considered to energize Federal Way's City Center includes an Urban Entertainment Center (UEC). The term Urban Entertainment Center is used to describe developments ranging from self-contained facilities with games, billiards, video, etc., to large mixed use centers featuring high-teeh electronics, including virtual reality, interactive games, sport facilities, theaters, and other leisure time activities. Entertainm6nt facilities are oRen coupled with food and beverage space, and specialty retail stores. An opportunity may exist to include an Urban Entertainment Center as part of the long-range redevelopment plan for the City Center. A site adjacent to the proposed sports complex would be ideal. Denver Pavilions is an example of a UEZ that was developed as a result of a public/private partnership. This 350,000-square foot outdoor urban entertainment complex opened in November 1998 and includes a 15- screen, 3,700-seat United Artists cinema. This complex partnership involved the City of Denver, the Denver Urban Renewal Authority,.:and three~banks.::,:As.a'.result of the high · cost of urban land and other risks and obstacles associated with urban development, a gap of approximately $24 million had to be filled by the public sector to make this project a reality. To implement the arts and entertainment strategy development strategy, a series of four immediate action steps/initiatives are recommended. (1) Federal Way Performing Arts Center · Begin fundraising efforts -- to fund philanthropic feasibility study 19 HUNTER INTERESTS [ N C O R P O R A T E D Continue comprehensive fundraising efforts -- major private and public sector sources · Final site selection · Implement public relations and broad-based fundraising campaign · Begin construction Responsibility ~ Federal Way performing arts coalition, City of Federal Way, King County, State of Washington, Federal Way School District, lodging tax committee (2) Attraction of 10-20 Food and Beverage Establishments · Create recruitment programs - · Create data base of available suitable spaces -- in City Center · Promotional/advertising campaign · Manage food and beverage offering-- ongoing Responsibility ~ City of Federal Way, Chamber of Commerce, private sector, City Center management organization (3) Attraction of 10-15 Arts-Related and Live Entertainment Establishments · Create recruitment and incentive programs · Create data base of available suitable space · Promotional/advertising campaign Manage arts and entertainment offering ~ ~: Responsibility ~ Federal Way performing arts coalition, City of Federal Way, Chamber of Commerce, private sector, City Center management organization (4) Development of Festivals, and Entertainment Series · Arts organization to oversee management and promotion of entertainment and festivals -- · Assignment of staff person dedicated to entertainment series, and festival development -- Chamber, City or art coalitiOn · Begin series of ongoing weekly entertainment events Responsibility -- Chamber of Commerce, lodging tax committee, City of Federal Way, and Art Coalition HUNTER INTERESTS I N C O R P O R A T E D C. Athletic Facility and Event Development The development of additional high quality athletic facilities and events in Federal Way will play a major role in addressing two of the City's critical initiatives: the redevelopment of the City Center and tourism development. Furthermore, the continued development of world class athletic facilities will build on existing investment~ and assets such as the aquatic center, Celebration Park, the strategic location, proximity to transportion infrastructure and to the region's numerous outdoor recreational activities. As facilities and events are developed over the next 2 to 12 years, a critical mass will be realized, which will result in Federal Way being positioned as an entertainment and sporting mecca for the region that attracts spending from tourists and the region's residential base. In addition to tourism and community development, sports facility development can play a strong role in the development of the City Center. A major sports complex that will require anywhere from 5 to 15 acres will not be the best use for Federal Way's limited City Center core area, as there are a considerable number of underutilized parcels in close proximity to the City Center that would be suitable for redevelopment. However, in order to maximize the impact of the sports complex/facilities on the City Center, is critical that pleasant pedestrian linkages and view corridors be created to induce pedestrian traffic between the City Center and frame areas. Sports venues are generally designed in one of two basic configurations. The first, and most common, is the single-use facility, which is dedicated to a specific type of sport, such as an ice rink. The facility may accommodate different types of activities (i.e., pro shop, equipment and space rentals, and food services). The second design involves a multipurpose scenario that incorporates a compatible mix of activities and attractions in addition to a retail element. Such facilities are commonly referred to 'as sports and entertainment complexes. The preferred facility concept in Federal Way is a multipurpose complex that is anchored by a genre of sports such as X-game/extreme sports, or a sport such as gymnastics that could drive a substantial amount of regional competition and local training demand (beginner to expert). One possible facility concept that would take advantage of the natural recreational activities in the region is the proposed "Paradome" concept, which currently is being planned for development near Everett, Washington, by private sector developers. The Paradome development is focused on integrating exercise, training, diet, education, and entertainment. This unique sports facility is intended to be a place for the entire family, promoting safe and natural activities at one place. The Paradome will offer traditional health club facilities as well as: · numerous climbing Walls 21 ,. HUNTER INTERESTS t N cOR~,o~^TE~ · extensive pool facilities with wind and wave machines and indoor white water river for sea kayaking, river kayaking, windsurfing and sailing · indoor and outdoor ski and snowboard training · indoor and outdoor skateboarding facilities · paragliding and hang gliding--on-site tow capabilities will enable flyers to gain experience and confidence in controlled conditions · retail sales and rental of recreational equipment · concert venue · ' child care · educational exhibits and cultural activities s~ a venue to host competitions and television events Visitors to the Paradome complex from outside and within the region will able to catch a bus at the Paradome to area ski destinations and reserve a room at the Whistler and other area recreational destinations. By combining these conveniences with the ability to rent all necessary recreational equipment, the Paradome facility will become a~'starting point for eeo touri. 'st and outdoor enthusiasts and thus become a tourism anchor and economic generator. The facility concept is also an excellent community development tool since it will provide clubs and local organizations the oppommity to utilize the complex for cultural activities and events including arts, music, and educational events. The current Paradome facility concept proposes the inclusion of a learning center that will show people environment-friendly concepts. Seminars will teach people to work, play and live in better harmony with our earth. Numerous cities, corporations, and developers have developed athletic facilities and events as a means to economic and business development. The following paragraphs proyide detail on the array of developments and economic development initiatives that communities are undertaking to realize the economic benefit generated by amateur athletic events. · The Disney Wide World of Sports, a 200-acre sports complex in Orlando,.Florida, was completed in March 1997 with a development cost of $100 million. The .. complex hosted more than 100 amateur athletic events in its first year. During the summer of 2000 alone, the complex will host 25 events in 10 sports for the Amateur Athletic Union. An estimated 190 events with 10,000 gymnasts, wrestlers, volleyball players, and other athletes participate in events of the Wide World of Sports. Disney anticipates that the Wide World of Sports will generate $30.75 million in hotel room revenue alone and another $20 million of spending at theme parks in the Orlando area. HUNTER INTERESTS ! N C O R P O R A T E D · Construction is under way on Family Sportsplex, an $1.8 million family-oriented sports complex in Belleville, Illinois. Family Sportsplex will sit on 17.5 acres near Illinois Highway 177 and Green Mount Road. The complex will include a 61,000 square foot building, four outdoor volleyball courts, and three outdoor soccer fields. The indoor part of the complex will house five volleyball courts (two of which can be converted into basketball courts), one basketball court, a regulation so~:er field, a smaller soccer field, two pitching/batting cages, and a pro shop. Investors in the complex plan to nm the pro shop themselves but have had offers from sporting goods stores interested in being involved in the project. The complex also will include an exercise room with' cardiovascular equipment for parents to use while waiting for their children. The complex will host leagues, tournaments, camps, and clinics. · Chelsea Piers is located in four former commercial piers totaling 1.7 million square feet and 30 acres on the Hudson River in Manhattan. The piers were'an important and successful component of the City's waterfront from 1910 until the early 1960s, when they fell into disrepair. In 1992 a private interest purchased the property from New York State for $100 million and in 1995, after extensive renovation, began to open the facility in stages. The facility offers over 150 sports and fitness classes a week, the world's longest indoor running track (1/4 mile), and a competition running track. There are three wood basketball/volleyball courts, a sand volleyball court, one of the world's largest and most challenging climbing walls, a six-lane 25-yard swimming pool, a separate spinning room, cardiov~ular'and strength training areas, and a boxing ring. Chelsea Piers is now a destination that draws members, guests, and spectators. The indoor complex is divided into six basic sections. In addition to the activities noted below, most facilities include public (open) use, private space rentals for events, group and private lessons, camps, youth and adult leagues, and corporate events. The first section is a field house with soccer,' basketball, gymnastics, baseball, and rock climbing; the second area includes roller finks that are used for extreme skating and hockey. The third section is a sports center that is used for activities such as fly-fishing, various classes and demonstrations, spinning, training, and dance. The fourth unit includes an ice skating rink with activities such as figure skating and hockey. The fifth section supports a golf driving range and a golf academy, and the sixth houses a bowling alley. The complex also provides swimming and boxing programs, tennis, batting cages, and dance classes. Additional services such as nutrition counseling, physiology programs, ' and a sports medicine center are available. Located at the facility are a marina, lounges, 'meeting rooms, a 30,000 square foot party area, several stores and restaurants, television and movie studios, and parking. Chelsea Piers also sponsors a wide variety of events, including many without 23 HUNTER INTERESTS i N C O R P O R A T E D admission, such as amateur athletic competitions, musical performances, children's activities, and carnivals. Performing arts events held at Chelsea Pier in 2000 include kid's performing arts day, blues, jazz, country, Irish, and salsa music concerts. · Arena Sports Inc. in Seattle opened in late 1995. During the company's inaugural season, the facility attracted 50 soccer teams. Team fees generate most of the revenue, which for a 12-game soccer season is $1,050 for the six-a-side soccer games. · Volleyball Festival started 16 years ago and now draws 10,000 young athletes to .Sacramento every year,. Plans exist to add at least one sport to the festival each ;summer, and to establish this region as the youth sports capital of America. The additional tournaments--spread out over the summer--would create an opportunity for more young people to compete, while at the same time helping to fill local hotel rooms during Sacramento's slow season. The volleyball festival brings in $20 million to the local economy each summer. Additional sports tournaments probably would start smaller with 1,000 to 2,000 athletes apiece, but could also grow to significantly benefit Sacramento's economy. · Central Florida will host the 2000 Amateur Athletic Union's Junior Olympic Games, the largest amateur athletic event ever held here. Although they will cost just $1.8 million to host, the games are expected to return $31 million in community-wide economic impact and involve every major athletic venue in five counties. Mike Barber, who led the Hampton Roads, Virginia, effort to secure the 1998 AAU Junior Olympics, says that event attracted 11,700 athletes, a record for the AAU. Preliminary estimates put the economic impact on the Hampton Roads area at $20 million. · 'The United States is believed to have some 26 million in-line skaters, 8 million stunt '.q3ikers, 3.4 million rock climbers, and about 15 million more who either tide a Skateboard, snowboard, or wakeboard. The 10-day X-Game competition in San . Diego in 1998 drew an. estimated 250,000 spectators--not to mention a TV viewership of 74 million U.S. households. In 2000, from June 25 through July 3, more than 400 athletes are expected to compete for $1 million in prize money. The events include stunt bicycle tiding, HUNTER INTERESTS [ N C O R P O R A T E D skateboarding, in-line skating, and wakeboarding, the sole water event for the summer X Games. Extreme sports draw a young crowd---mostly males under 25--who are believed to have a spending power of billions of dollars. · A new report funded by the State of Minnesota states that the economic impact created by amateur sports' facilities in Minnesota in the past 11 years is hearly $270 million. The study estimates that more than 11.4 million people have participated as athletes or fans during this 11-year period. The investment by the state in amateur sports facilities over the same period amounts to nearly $70 million, a return of almost four to one. , · The U.S. Association of Independent Gymnastics Clubs has been coming to Polk County, Florida, since 1993, one year after the Tourist Development Council launched its sports marketing effort. Teams from 45 states, consisting' of 1,200 top female gymnasts, gathered in Winter Haven and Haines City to take part in the national competition of 2000. The gynmasts and coaching staffs, along with their families and spectators, utilized 5,500 room-nights at the Greenleaf Resort and other area lodgings during their weeklong stay. County tourism officials estimated that the group spent $1.5 million while in town. To keep the gymnasts coming back, Polk County has gone the extra mile. The sports office has set up a public relations plan for the group and introduced association executives to potential sponsors, including a local radio station and Coca- Cola. · RecPlex, the $21 million, 124,000 square foot sports multiplex in St. Peters, Missouri, has been host to dozens of major high school, college, and even international amateur athletic events. .Hailed as a sports/tourism jewel with an Olympic-size pool, rock-climbing wall, and ice skating rink, RecPlex's biggest "splash" might be its effect on local business economy, tourism, and even an ongoing effort to market the metropolitan area as a major sports tourism mecca. According to figures from the St. Charles County Convention and Visitors Bureau, total expenditures by participants in the top 17 major events at RecPlex in 1997 was more than $4.8 million. In 1997 the RecPlex had 1.3 million visitors~more than the St. Louis Rams football games, the Missouri botanical Gardens, or the St. Louis Art Museum. One perk to St. Charles county residents is expanded amenities at the RecPlex--space devoted to cardiovascular and weight training equipment has doubled, from 1,500 square feet to 3,000 square feet. The RecPlex's inline skating fink, previously available from April 25 HUNTER INTERESTS I N C O R P O R A T E D to October for open skating, leagues, lessons, and competition, will be available year- round--an all-weather dome is scheduled to open in June 2000. Perhaps the largest potential economic boost to St. Peters, St. Charles County, and the region is the RecPlex's role as "foundation" for an amateur sports marketing frenzy. The RecPlex is host to local, statewide, regional, national, and even international events. Developing a reputation as an amateur sports venue not only brings events back, but has brought more new events to the ReePlex. New events for 1999 included the U.S. Junior National Hockey Championships (Bantam and Midget age groups) and the U.S. State Games, featuring winners from 40 state competitions, including Missouri's Show-Me State Games. similar to the overall redevelopment plan for Federal Way City Center, the development plan for additional athletic facilities will take time and needs to be flexible, l~or instance, the initial phase of development might be an indoor soccer and ice rink c6mplex which could later be expanded to include additional facilities such as a field house, Paradome- like complex, educational facilities, wellness center, complimentary entertainment retail, visitor center, gymnastic center, etc. At this point in the planning and development process, Federal Way has a host of indoor athletic facility concepts that may be pursued depending on the level of private sector interest and available pubic sector funds for economic development initiatives. Based on the situation analysis, facilities similar to the Paradome concept would be an ideal fit for tourism development in Federal Way. City Center redevelopment initiatives, especially if combined with a large field house that could host competitions similar to those listed below as well as local competitions and tournaments for an array of sports are important amenities that should be considered. It is recommended that the field house be able to seat. between 2,000 and 2,700 depending on the type of event. Tl~i'~ facility concept would draw extensively from throughout South King County for everyday usage, especially for youth programs. This concept would also do an excellent job of capitalizing on the region's natural assets and the outdoor orientation of Puget Sound. It could also evolve into a gateway for active travelers, eeo-tourists, etc., who need equipment, information, and training before visiting any of the region's many natural destinations including: Olympic National Park, Mt. St. Helen, Mt. Rainier, White Pass, Snoqualmie Pass, Stevens Pass and the Northwest Trek. Another potential niche of the Federal Way complex that should be explored during the next stage of development planning includes the Northwest environmental studies program in partnership with a consortium of institutions of higher learning. The center would be able to capitalize on proximity to the ocean, mountains, Puget Sound, wetlands, HUNTER INTERESTS [ N C O R P O R A T E D and numerous gardens. Additional educational programs could also be developed for sports training, coaching, sport medicine, and rehabilitation and senior programs. A complex with a field house, Paradome-like facilities, and learning/seminar center would likely range from $14 to $40 million and require four to nine acres, depending on the inclusion of outdoor space for additional activities. To implement the athletic facility and development strategy, two immediate action steps/initiatives are recommended. (1) Multi-use sports coinp, lex · Secure transferable options on potential sites for athletic and educational facilities in close proximity to the City Center. · Issue RFQ/R_FI to determine level of interest and narrow potential facility concepts · Final site selection based on preferred concept and interest from private sector · Issue formal RFP to private sector developers and institutions ·Negotiate private/public partnership · . Begin construction Responsibility ~ Private Sector, City of Federal Way, and possibly Federal Way School District. (2) Development of amateur athletic events Before a facility is realized, the community could create competitive sports events using existing parks/facilities · Research and create three events such as ~Northwest ultimate fi'isbee championship, men's and women's open soccer tournament sponsored by local radio with prizes, etc. · Promotional/advertising campaign Responsibility ~ Federal Way Chamber of Commerce (under tourism contract), City of Federal Way. D. Federal Way City Center Management Coordination Hunter Interests recommends that a downtown management organization be created to guide the redevelopment effort in Federal Way. There is little hope that a downtown revitalization program will achieve its potential unless there is an active group of business 27 HUNTER INTERESTS I N C O R P O R A T E D and property owners who meet regularly, plan and oversee activities, and share responsibilities. This policy level group needs to be supported by a competent and experienced staff whose only responsibility is managing the City Center improvement strategy and implementing the downtown redevelopment plan. Together, policy- and staff-level personnel must constitute an effective downtown management entity that works all day, every day, on improving the downtown area. Business Improvement Districts (BIDs) have been formed in cities throughout the United States to accomplish this necessary downtown management function. At present more than ,1,200 BIDs have been formed, most during the past 15 years. Even small districts with only a small supermarket and a few blocks of stores have formed BIDs, whereby the City authorizes a stakeholder group to manage services, and mandates a property assessment to assure that all properties contribute their fair share. Without the business talent and financial resources available through BIDs and the private sector commitment that this represents, city governments alone can do little in these areas that ~ produce actual economic improvement. Business Improvement Districts provide an institutional and financial base fo~ meeting several needs of moderu downtown areas such as: · Many BIDs organize cooperative advertising campaigns among businesses in a single location. Whether using direct mail, door delivery, or media purchase, the unit costs to participating businesses is substantially reduced and the quality of advertising increased through such joint ventures. BIDs often consider how best to establish a fresh, recognizable identity for their location, reflecting the intended new direction for the business area. A logo is create& banners hung, parking directional signs installed, a slogan adopted, and other image- making techniques implemented. . · The BID can provide maintenance, such as collecting rubbish, removing litter and graffiti, washing sidewalks, shoveling snow, cutting grass, trimming trees, and planting flowers in public places. · Security and hospitality needs can be met by hiring uniformed security and street guides or ambassadors, buying and installing electronic security equipment or special police equipment, and staffing sidewalk tourism kiosks. · The BID can produce festivals and events, and erect directional signage. · Creating programs to help the homeless, providing job training and you~a services programs, as well as employing the disadvantaged for maintenance and other functions, are social serVice functions the BID can provide. HUNTER INTERESTS [ N C O R P O R A T E D The Local Development Council of Tacoma, a private, not-for-profit corporation with a 501-C 4 status is an excellent example of a local downtown management organization. The LDC is composed of taxpayers and business people from the 84-block area wherein properties are assessed for the downtown Tacoma business improvement area which was formed in 1988 to provide additional security, maintenance, and marketing services for the City's primary commercial area. The Tacoma BIA has also operated-a business recruitment program and is providing general leasing assistance, including an Intemet .... program to market BIA properties in cooperation with the City of Tacoma. Other key reeommendatlons that should be ,focal -points of a repositioning strategy for the City Center include: Plan for residential development within the core and additional residential development in the frame area. Create a green corridor and pedestrian linkages from SR99 to Steel Lake Park as detailed in the City's Comprehensive Plan. Develop educational facilities including sports medicine, nutrition, wellness, athl6tic training, and coaching programs, as well as environmental educational programs taking advantage of proximity to parks and natural amenities within the region. 29 HUNTER INTERESTS I N C O R P O R A T E D IV. Tourism Development Plan A. Federal Way Tourism Offering Analysis Hunter Interests' situation analysis has indicated considerable potential for the City of Federal Way to broaden penetration of Puget Sound's massive tourism market. The City of Federal Way is blessed to be surrounded by stunning view features and natural assets that .:include the Puge, t Sound coastline, numerous parks, wetland preserves, and hoaiculturai attractions. World class sporting facilities and family-oriented commercial recreation at Enchanted Parks add an additional dimension to the City's tourist offering. A growing high quality hotel supply in combination with the City's amenities and attractions in close proximity to key transportation linkages and major regional attractions provide an excellent foundation on which to expand Federal Way's tourism industry and its impact on the local economy. Currently, the main impediment to increased attraction of tourism spending in Federal Way is that the primary attractions and amenities are not tightly clustered and are not well known throughout the region. This situation creates a greater need for increased cooperative marketing and cross-marketing of attractions. Compounding this problem is the fact that current lodging tax revenues provide a very limited budget for marketing and promotion. Increasing the awareness of the array of recreational opP°mmities that Federal Way has to offer will enhance the appeal of Federal Way as a lodging destination for both leisure and business travelers. The primary goal of any marketing initiative that utilizes lodging tax revenues should be to .put "heads in beds." Overnight visitors typically spend four to five times more in the community than daytrippers and, obviously, increase hotel room demand. Increased lodging demand, in turn, increases lodging tax revenues and the budget available for marketing the City's assets and attractions, which help lodging demand. To accomplish this goal, the community will need to offer a variety of attractions, activities, cultural and entertainment events/experiences that can extend a visitor's stay beyond the first few hours. The Federal Way general information website managed by the fire district (www..federalway. org) does an excellent job of providing information on all the attractions that are available within Federal Way ana listing all the major regional attractions that are within a half-hour drive, as well as day trips. The website conveys the convenience of a Federal Way lodging destination for a visitor who is interested in seeing an array of attractions throughout the Puget Sound region. HUNTER INTERESTS I lq C O R P O R A T E D Federal Way's attractions and amenities and their market orientation are also well positioned to capitalize on consumer spending trends. These trends indicate that traditional retailers are losing market share to travel-related expenditures, sporting activities, recreation, restaurants, spas, and other entertainment outlets as the urge to "get away from it all" has increased. This increase is partly attributed to the shifting needs of the American family, as dual income families look for better and different w~/ys to relax. There has been a shift in focus from just buying things for kids to getting them involved in activities and ultimately preparing them for the future. People are increasingly searching for enriching experiences. This big picture trend fits well with the type of experience that Federal Way can provide to families seeking an affordable leisure destination with an array of activities that 'involve interaction with nature, sporting activities, and commercial recreational activities. The primary demand segments representing strong tourist expansion opportunities during the next one to five years include: · Families that will appreciate the array of local activities, including low cost alternatives such as the numerous parks, flee concerts, fairs, the lower cost of lodging compared to Seattle and SeaTac, and proximity and ease of access to major regional attractions. · Tour groups, particularly senior groups that will be attracted to the Federal Way's price point, safe/secure atmosphere, horticulture attractions, natural scenery, and proximity to regional attractions. · Travelers to the region who arrive and depart via SeaTac Airport. While Federal Way is not considered a primary destination for leisure travelers arriving via air, it is an ideal location for the first night and last night of their stay in the Puget Sound region, particularly for international and East Coast travelers-who will appreciate the convenience, price (especially if first and last day is 'not a'- full -day), a more pleasant atmosphere than is provided by SeaTac-area hotels, and the oppommity, to take advantage of "calming" attractions and amenities such as the parks and cultural arts activities. · Participants and spectators for amateur sports events and other groups that will utilize the City's recreational facilities. The development of the aquatic center and Celebration Park has illustrated the substantial economic impact that the attraction of amateur sporting events can have on a community. The development of additional sporting facilities will help Federal Way continue to develop into an amateur sports hub for the Puget Sound region. 31 HUNTER INTERESTS I N C O R P O R A T E D · Eeo-tourists or visitors to the Puget Sound region who are primarily interested in visiting the region's natural assets and often engage in extensive physical activity during their stay. B. Tourism Development Recommendations Federal Way is blessed with numerous assets, which can be capitalized on to expand penetration of the lucrative tourism industry. While Federal Way is not considered a primary destination for a majority of travelers, its assets make Federal Way an attractive base,.(lodging location) from which to visit the region's primary attractions such as dov~ntown Seattle and Mt. Rainier National Park. The primary tourism development theme should closely mirror the strength§' and assets of the community. Thus, Federal Way should focus on promoting itself as: An affordable, safe gateway to the Puget Sound region that provides top quality hotels with excellent access to transportation infrastructure and recreational outlets. Within this overall theme there are several sub-themes that can be developed to match Federal Way's market orientation and target markets: · Puget Sound's family-oriented destination · Destination for active traveleffeco-tourists · Tour group destination, particularly senior.groups · Amateur sports mecca · '12ultural arts and festival destination All'marketing initiatives and campaigns that target the individual tourism sub-themes should also emphasize the three primary strengths of Federal Way relative to .tourism attraction: · Convenience · Cost · Amenities, with a particular emphasis on the surrounding natural scenery in order to change the perception that Federal Way is defined by Pacific Highway and SeaTac Mall It is important to work closely with Seattle-King County Convention and Visitors Bureau to market the Federal Way experience. The 1999-2000 Seattle Visitors Guide includes a 32 ~q~ HUNTER INTERESTS i N C O R P O R A T E D section for South King County which is extremely limited. It mentions Burien, Normandy Park, Des Moines, Auburn, Kent, and Tukwila; however, there is no mention of Federal Way. A print advertising campaign similar to the existing website should be developed that illustrates the City's aSsets and linkages to regional attractions. Advertisements should be placed in both the Seattle Visitor's Guide and the WaShington State Visitor's Guide. Brochures should also be developed to be distributed at. attractions throughout the region that target similar demand segments. There should be increased exposure of Federal Way's aSsets at SeaTac Airport through signage that emphaSizes the natural beauty of Federal Way, as well as its many amenities and affordability. The intent is to expose business travelers to the benefits of a Federal Way location for repeat'vis, i. ts with the family for leisure travel. ~Airport signage will also create exposure to repeat business travelers to the Seattle'metropolitan area. Federal Way provides an attractive lodging alternative for travelers who are more price conscious than location sensitive. The message to convey is that Federal Way is but eight .minutes and yet a world way from the airport in terms of experience and environment. '- 1. Key threats to Tourism Development in Federal Way · Image/reputation of strip malls and faSt food · Connectivity between aSsets and City Center to the hidden aSsets · Limited amount of development and promotional funds (lodging tax) The redevelopment of Federal Way's City Center over the next 10 years will have a dramatic impact on the image and perception of Federal Way and will serve as a connector of existing aSsets. Over the short term it will be important to get the Federal Way message out to potential visitors, aS discussed in the preceding paragraphs. Wi~h the lodging tax revenue being extremely limited, the successful implementation of the plan will require significant private sector participation. We recommend the city retaining a catalyst/facilitator role and applying the Lodging Tax revenue strategically in the key action areas discussed below in the next three to five years. One important strategic step will be the creation of a downtown management organization/business improvement district. This organization is an integral part of the action plan as well as a key ingredient of the long-term City Center's development plan. 33 HUNTER INTERESTS ! N C O R P O R A T E D 2. Key Action Items (1) Enhance Curb Appeal -- City Center redevelopment as discussed in detail in this report · Continue to implement City Center chapter of Comprehensive Plan · Improve sidewalks with trees, planters, decorative streetlights, color baskets, banners · Well maintained; seasonal themes · International d~strict -placemaking that reflects individual cultures Primary responsibility ~ City of Federal Way, downtown management organization and private sector partners. (2) Create and market a new City image · Create logo and slogan that promote the City's many attributes/assets: family orientation; ecological-tourism and active traveler; amateur sports; and the Federal Way advantage: costs; convenience; and close proximity to the abundant natural resources · Develop and promote sports events in Federal Way · Increase exposure of Federal Way's assets at SeaTac Airport and in regional tourism publications such as the Washington State Visitor's Guide, Seattle Visitor's Guide, the South King County's tourism guides and brochures, etc. · Maintain/update the tourism information on the website · Develop and promote Federal Way's cultural arts programs Primary responsibility ~ Private Sector, Federal Way Chamber of Commerce, Lodging Tax Advisory Committee, City of Federal Way,. City of Federal Way Arts Commission. (3) Create a Vibrant Downtown anchored by major facilities (see City Center development recommendations) Near term: · Event developr0ent in the downtown core create area for outdoor music, international festivals community events, Weyerhaeuser plant sale, Farmer's market, etc. Event development is an excellent way to expose assets of Federal Way to consumers. Event site should also serve as a place for the 34 HUNTER INTERESTS INCORPORATED community to gather, in the form of a piazza or formal plaza with fountain and or outdoor sculpture garden. · Encourage uses that would extend City Center hours · Actively seek private development of sports facility/complex in or near City Center · Creation of the downtown management organization Long term: · Implement facilities plan Responsibility--'City of Federal Way, Federal Way Chamber of Commerce, downtown management organization, and private sector partners (4) Create linkages between downtown and hidden assets Near Term: · Provide map, brochures, and other printed information on amenities and calendar of events ·Provide merchant information · Cross marketing Intermediate Term: · Free local shuttle between hotels and attractions. Long Term: · Develop foot/bike trail corridor connecting edges of the City from Steel Lake to Dash Point, and from Dumas Bay to Enchanted Park. Responsibility -- Federal Et/ay Chamber of Commerce, Lodging Tax Advisory Committee, City of Federal Y~'ay, downtown management organization 35 Tourism Action Plan and Proposed Lodging Tax Allocation !City Center Improvements 2000 2001 2002 2003 2004 · S 320m from 11 m to 20th · S 320t~ from 20thtO I-5 · ' 2yd Ave fr°m S'317'h t° 324"'SR99 from S. 3'12~h to S 324'h · Transit Center Development (Prelim) : ~ i:: ::: Planned Action and Results Proposed Use of Funds 2001 ($90,000 total) 2002 ($90,000 total) 2003 ($100,000 total) 2004 ($100,000 total) ModelBusiness lmprovementArea Funding will initially be used for the 20% or appx $18,000. 10% or appx $9,000. 10% or appx $10,000. 10% or appx $10~000. I. Create Business Improvement Area introduction and establishment of the . Introduce the BIA concept to · Start assessment and setup BIA * Start banner and color program · Continue banner and color (BIA) Model BIA through the Chamber downtown businesses operation, program 2. Coordinate business area iservice contract. In later years the · Start cross marketing and I (one) promotions ~lodging tax fund can be used to match ° Complete petition and formation special event · Continue cross marketing and 2 the self-assessment funds collected process (two) special events 3. Provide linkage between downtown for special projects. ° Work with the lodging industry and attractions and other transit organizations to 4. Provide seasonal color baskets and At the end of the 4th year, if the BIA iscreate a courtesy transport shuttle banners and provide coordinated , successful, the fund can then be used transports to the various local 5. Coordinate cross marketing to implement a second BIA in the destinations and attractions. 6. Plan and sponsor special events 348~h - Enchanted Park corridor. Create a Vibrant Downtown Generate new festivals or amateur 10% or appx $9,000. 50% or appx $45,000. 70% or appx $70,000. 70% or appx $70,000. I. Development of festivals and sports events through the provision of · Research and develop · Refine the process as appropriate · Refine grant and RFP process as: · Refine grant and RFP process as entertainment series (such as Jazz, competitive grants or by direct appropriate processes or and distribute programs and appropriate appropriate Shakespeare festivals etc.) contract with organizations and/or programs to allocate the lodging processes to potential parties of · Continue the productive amateur · Continue the productive amateur 2. Development of amateur sports and facilities. Sponsor special events, tax as seed funding to 'interest. events from prior year(s) and events from prior year(s) and other competition events festivals, or competitions that will organizations and sponsors of · Develop at least 2 new amateur continue developing new events continue developing new events attract overnight stays and related amateur sports events, arts and sports events with the goal of with the goal of having 6 - 8 with the goal of having 6 - 8 tourism spending in Federal Way. cultural festivals/evants, having 6 - 8 events a year. events a year. events a year. · Maintain existing amateur sports · Start developing 1- 2 new major · Produce first I or 2 major multi- ~. Continue the productive events and grant process, multi-day arts/cultural events for day arts/cultural events in 2003 arts/cultural events from prior production in 2003 and develop I to 2 new events year and continue developing with the goal of having 2 - 4 such new events with the goal of events a year. having 2 - 4 such events a year. Tourism Promotion This amount will be primarily for 70% or appx $63,000. 40% or appx $36,000. 20% or appx $20,000. 20% or appx $20,000. 1. Create a logo and slogan for city's consulting and service contracts · Conduct branding process to ° Continue the publication and ° Continue the publication and * Continue the publication and tourism and economic promotion selected through a competitive design a theme, logo, slogan and distribution of the updated distribution of the updated distribution of the updated process to provide specific (e.g. promotion program that will be tourism map, and events tourism map, and events tourism map, and events 2. Use the website as a key marketing branding process) and general (ads, strategy/tool used in all promotional materials calendar, calendar, calendar. visitor information) tourism and and publications including the · Continue update of tourism · Continue update of tourism · Continue update of tourism 3. Coordinate advertisements in marketing services. regional publications design of freeway signage to website, website, website. better represent FW's attractions 4. Tourism map/brochure/events and amenities. * Develop and start business- · Continue Recruiting program. ,, Continue Recruiting program. calendar publication and recruiting program. distribution ° Continue the publication and 5. Create recruitment programs to distribution of the updated attract 10 - 20 quality food & tourism map, and events beverage establishments and 10 - calendar. }n5 arts related and live · Continue update of the tourism rtainment establishments website. · Coordinate with Metro and Sound Transit to provide space for information kiosk at the P&R and the transit center about Federal Way and City Center attractions. K:\FINANCEXLTAC'~2000\2001-2004 Lodging Tax Allocation.doc CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AIRPORT COMMUNITIES COALITION ("ACC") 2001 INTERLOCAL AGREEMENT CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Proposed 2001 Interlocal Agreement, Airport Communities Coalition SUMMARY/BACKGROUND: Attached is the ACC Interlocal for calendar year 2001, implementing the City Council's recent budget action to allocate $30,000 to the ACC for the calendar year 2001. (See Section VII(A) and Attachment A of Interlocal.) Council Member Linda Kochmar, ACC Executive representative recommends entering into the attached Interlocal. There are no changes from the 2000 Interlocal, as recently amended on October 3, 2000, other than the effective date. As part of the recent budget process, the City Council decided to remain a member through 12/31/01. CITY COUNCIL COMMITTEE RECOMMENDATION: Implementing City Council's prior budget action and thus, no Committee recommendation. CITY MANAGER RECOMMENDATION: Motion to direct City Manager to execute the Interlocal Agreement with ACC for calendar year 2001 to implement prior bu_.~t~ec_is, iosn. APPROVED FOR INCLUSION IN COUNCIL PACKET:F'' ¢ ;}~.] \_~ CBELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)~ COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # Agnditem~ACC 01 Interlocal [12/11/00] DRAFT INTERLOCAL AGREEMENT, AIRPORT COMMUNITIES COALITION January 1, 2001 through December 31, 2001 In accordance with the Interlocal Cooperation Act (Revised Code of Washington, Chapter 39.34) the City of Normandy Park, the City of Des Moines, the City of Burien, the City of Federal Way, the City of Tukwila, and the Highline School District (hereafter the "Parties"), each of which is a Washington Municipal Corporation hereby enter into the Agreement set forth. RECITALS 1. The presence and operations of Sea-Tac Airport affect fundamental economic, social, physical and environmental characteristics of each Party. 2. The Parties believe that the presence of Sea-Tac Airport and other regional transportation facilities such as Interstates 5 and 405 and State Routes 509 and 518 and eventually a regional transportation rail line can have either negative or positive effects on the members depending on the manner in which adverse impacts are addressed. 3. The Parties hereto have expressed their opposition to the development of a third runway, and other system improvements leading to increased air traffic at Seattle-Tacoma International Airport and Boeing Field. 4. The Parties further believe that regional public transportation needs must be resolved on a regional basis and that only equitable solutions to those needs should be adopted. Additional air traffic at Seattle Tacoma International Airport and Boeing Field does not constitute equitable or responsible regional solutions. Equitable solutions are those which recognize that the impacts and the benefits of transportation projects are often not realized in the same community, therefore necessitating an attempt to equalize that disparity among affected communities. 5. The Parties believe that a collective effort, including the pooling of resources and the execution of this Agreement to express and administer policy matters, is the most effective and expeditious method of achieving the goals stated herein. Page 1 of 18 Airport Communities Coalition Interlocal Agreement 2001 6. The Parties agree to promote the following goals: A. To stop the construction of any additional runways at Seattle-Tacoma International ^irport. B. To achieve proper noise mitigation of schools with associated air quality and temperature controls. C. To limit or reduce the number of flight operations in King County, at both Seattle-Tacoma International Airport and at Boeing Field, to a specific level and to eliminate night flights from 10:30 p.m. to 7:00 a.m. D. To limit expansion of airport facilities in King County, at both Seattle-Tacoma International Airport and at Boeing Field, in order to prevent a significant increase in the number of flight operations which is likely to have substantial, adverse environmental impacts. E. To seek revisions to the Four Post 'Plan which accommodate community concerns about overflights, including those which produce noise in areas outside the 65 dB DNL contour. F. To develop and promote equitable solutions to regional transportation needs on a regional basis, working to develop mutually beneficial partnerships and agreements that promote economic development and protect the environment. G. To improve abatement and mitigation of airport impacts on the Highline School District and member cities to this agreement. H. To ensure that all past impacts from operations at Sea-Tac ^irport and Boeing Field are fully mitigated. To support fair distribution among ACC members of public dollars for the mitigation of impacts from operations of Sea-Tac ^irport and Boeing Field. I. To participate in efforts to plan effectively, site appropriately and fully mitigate any regional surface transportation projects including RTA and extensions or improvements to State Routes 509 and 518, and I-5 and 1-405. J. To create an economic, political and social climate in which the parties can realize meaningful benefits from being neighbors of Sea-Tac Airport and Page 2 of 18 Airport Communities Coalition Interlocal Agreement 2001 Boeing Field and other regional surface transportation facilities which are consistent with the community objectives of these parties. K. Such other and further related goals as may be determined by the Executive Committee. NOW THEREFORE THE PARTIES HEREBY AGREE AS FOLLOWS: I. DEFINITIONS AND USAGES A. Each of the parties hereto shall be referred to as "Normandy Park", "Des Moines", "Burien", "Tukwila", "Federal Way", Highline School District or such other public agency as may be admitted. B. "Airport Communities Coalition" hereinafter referred to as "ACC" is the entity created by this Interlocal Agreement. C. "Executive Committee" means the assembly of representatives from the parties hereto, comprised of one representative, or one alternative, from each party hereto, the function of which is to administer the policy and purposes of this Agreement. D. "Chair" means the presiding member of the Executive Committee, who shall be elected by the other representatives of the Executive Committee. E. "Vice chair" means the member of the Executive Committee who shall be elected by the other representatives of the Executive Committee to preside in the absence of the chair. F. "Treasurer" means the member of the Executive Committee who shall be elected by the other representatives of the Executive Committee responsible for reviewing and keeping the Executive Committee informed about the financial activities of the ACC and report to the Executive Committee on the yearly audit. G. "Participate" or "participation" means the right of a party to vote on any matter submitted to the Executive Committee for a vote, upon payment of the minimum financial contribution specified hereunder. H. "Public agency" means the ACC member cities and school district(s) impacted by the operation of the Sea-Tac Airport (see Eligibility Section). Page 3 of 18 Airport Communities Coalition Interlocal Agreement 2001 I. "Operating expenses" means financial obligations, enforceable in law or equity, which have been incurred by the Executive Committee. II. UNDERSTANDING AND PURPOSES A. The Parties understand and agree to promote the goals set forth in the Recital 6 above and such other goals and policies as are determined by the Executive Committee. B. The Parties agree and understand that they will rely on the Executive Committee's faithful and responsible representation of the parties' collective and individual interests in making decisions under this Agreement that mutually benefit the parties. C. In furtherance of this Agreement the parties will: 1. Establish and maintain clear lines of communication through their representatives on the Executive Committee. 2. Coordinate participation in continued planning and environmental review processes concerning air transportation and environmental matters arising therefrom, both as to existing facilities, surface transportation projects or planned alternatives. 3. Prepare for and undertake litigation or other actions that may be required in order to further the parties' common objectives. 4. Conduct meetings of the Executive Committee in order to carry out necessary and proper functions of ACC as set forth herein. 5. Establish and fund a budget, with amendments thereto as necessary in order to carry on the activities of ACC. This operating fund shall be known as the "Operating Fund of ACC Executive Committee Joint Board." 6. The Executive Committee shall not acquire any real property. Personal property shall be acquired as necessary to carry out the purposes of this Agreement. Page 4 of 18 Airport Communities Coalition Interlocal Agreement 2001 III. DURATION AND CONDITIONS OF WITHDRAWAL This Agreement may be reviewed annually but shall remain in full force and effect from January 1, 2001 unless terminated or modified by separate agreement, pursuant to Section ×.A., so long as at least two Parties continue the operation of this Agreement. Any party may withdraw from this Agreement prior to its expiration by delivering written notice to the Executive Committee. Following such notification the withdrawing party shall remain liable for the full amount of its obligation to the ACC Operating Fund, as set forth in Section VII.A. To assure compliance with each party's affirmative obligations set forth in section VIII.A, and to protect the confidentiality of the ACC's legal affairs, notice of a party's intent to withdraw from the ACC shall serve to immediately terminate the withdrawing party's right to participate in Executive Committee business, including votes. Further, a notice of withdrawal shall serve to eliminate the withdrawing party's right to attend any executive session held by the ACC or any of its committees or subdivisions, specifically including the Executive Committee. Upon a party's notice of withdrawal, such party shall not be entitled to a refund of any payment previously made to the Operating Fund unless all parties remaining to the Agreement unanimously determine to terminate this Agreement. Upon such termination, the remaining assets of ACC, if any, will be divided in proportion to the Parties' respective contributions to the Operating Fund to the date of termination, as set forth under Section VII below. IV. ELIGIBILITY Eligibility to participate in this Interlocal Agreement ("ILA") shall be limited to any "public agency" as defined in the definition section of the ILA who demonstrates support for ACC's goals as outlined in the Recitals Section of the ILA. A public agency seeking to participate in this Agreement may be allowed to do so, upon approval of the Executive Committee, pursuant to the existing'terms hereof and upon payment of an agreed amount by the member parties. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matters and specifically to vote on matters submitted to the Executive Committee. Page 5 of 18 Airport Communities Coalition Interlocal Agreement 2001 The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matters but not entitling said public agency to vote on matters submitted to the Executive Committee. Any public agency so admitted shall be deemed an ex officio party hereto. Admission of a public agency under the terms described in this section may be accomplished through separate agreement signed by all members and the agency being admitted. V. CREATION OF AIRPORT COMMUNITIES COALITION (ACC) - EXECUTIVF COMMITTEE There is hereby created the Airport Communities Coalition (ACC). This organization shall be a voluntary association of the parties hereto. The association shall be governed by the Executive Committee. The Executive Committee shall be comprised of one voting member from each party who shall be an elective official of such party. The voting member of each party shall be duly selected annually by the legislative body of each party thereof. Each party shall similarly select an alternate voting member of the Executive Committee who shall serve in the absence of the voting member. Such alternate may be either an elected or appointed official of the party. The Executive Committee shall approve, by unanimous vote of all member parties, decisions that are major policy decisions. Major policy decisions are defined as: 1) accepting or rejecting legal, financial or negotiated settlements, and 2) accepting new member applications or rejecting existing members. Prior to voting upon any negotiated settlement, all ACC Executive Committee members, or alternate(s) as the case may be, shall receive by governing Council or Board, resolutions from their respective jurisdictions authorizing approval or rejection of such settlement which shall be binding upon said representative. Any jurisdiction which fails to vote upon such resolution within 14 days of such proposed settlement shall be deemed to approve the vote or abstention of the representative to the Executive Committee. The Executive Committee shall approve by majority vote concerning the following, but not limited to: 1) to adopt and administer a budget, 2) hire or conclude consulting contracts, and 3) all other activities surrounding the daily operations of the ACC. When there are an even number of voting members which results in a tie vote, the issue shall be remanded back to a smaller committee of the Executive Committee in an Page 6 of 18 Airport Communities Coalition Interlocal Agreement 2001 attempt to resolve the issue. This smaller committee will consist of one Executive Committee member each who voted for and against the contested measure and the ACC Executive Director or another ACC staff person. This committee will be required to report back to the Executive Committee within two weeks with an alternative resolution. Regular meetings of the Executive Committee shall be held as determined by the Executive Committee. The Executive Committee shall elect annually by majority vote a "chair" to conduct its meetings, and may similarly elect a "vice chair" to serve in the chair's absence and a "treasurer" to review the financial activities of ACC. Neither the chair, vice chair nor treasurer shall forfeit, by virtue of their positions, any power vested in him/her and shall continue to preside at the pleasure of a majority of the voting members of the Executive Committee, and may be replaced at any time. A quorum for the conduct of business by the Executive Committee shall be a majority. Notice of any special meeting shall be circulated to all members of the Executive Committee by the chair, or upon the written notice of a voting majority of the Executive Committee not less than twenty-four (24) hours before such meeting is scheduled. No action will be taken without a quorum and without an absolute majority of the eligible voting members of the Executive Committee voting in favor of the matter under consideration. Executive Committee members may attend meetings and vote telephonically as may be necessary for the orderly and timely conduct of business. Written notice of any special meeting may be waived as to any member who at the time of the meeting is actually present or who has filed with the chair a written waiver of notice. The parties further agree and understand that the ACC Executive Committee may have executive sessions under RCW 42.30.110(i). VI. PROFESSIONAL SERVICES A. The Executive Committee may, from time to time, retain legal or other professional assistance or contribute to the retention by one of the parties of legal or other professional assistance to carry out the purposes of this Agreement. A contract or engagement letter shall be provided for each consultant so retained, which contract or engagement letter shall subsequently be marked as an Exhibit and incorporated into this Agreement, subject to all terms herein. All such contracts may be reviewed and updated annually for modifications or termination. B. Information and materials developed by providers of professional services, who are retained and are compensated pursuant to the provisions of this Agreement, shall be made available to each party to this Agreement which has borne Page 7 of 18 Airport Communities Coalition , Interlocal Agreement 2001 its share of the cost of providing such services in the manner provided herein, and to all parties admitted to membership in ACC pursuant to the provision of Section IV. VII. SHARING OF COSTS A. In order to pay such fees, costs, and other expenses as are incurred by the Executive Committee on behalf of ACC including costs incurred in connection with the retention of legal or other professional assistance, it is the intention of the parties to this Agreement that each party will make available to ACC consistent with the provisions herein, funds for ACC operating expenses as indicated in Attachment A. B. Each party pledges its best efforts to approve appropriations providing for the sharing of costs specified in this Section VII, but no party shall be liable for any monetary assessment unless and until the governing body of such party has appropriated funds for such specific purpose. C. In the event that one or more of the parties to this Agreement fail to contribute to the sharing of costs in the amounts set forth above and in a manner consistent with provisions of this Agreement, the party in default will refrain from further participation in the Executive Committee's business, and its rights pursuant to this Agreement shall be suspended. D. In the event one or more parties fail to ratify this Agreement or having initially ratified this Agreement and thereafter defaults or withdraws from this Agreement, the cost sharing for any outstanding or future operating expenses shall be adjusted following the elimination of the party or parties on a basis proportional to the annual amounts set forth above in Section "A", adjusted to allow for any other parties admitted pursuant to Section IV but not included in Section "A", above, and; provided that the annual financial obligation of the remaining Party or Parties shall not exceed that amount set forth above in Section "A", unless modified by subsequent agreement hereto. VIII. COOPERATION A. Each of the parties participating in, or otherwise admitted to, this endeavor shall cooperate with the ACC Executive Committee. In that regard, each party hereto, whether involved by participation, admission, or otherwise, hereby covenants and agrees that, in the event of withdrawal, each such party shall not sue, harass, or in any form or manner interfere with the entity created by this Agreement or with any of the remaining parties, except as necessary to obtain the return of funds as Page 8 of 18 Airport Communities Coalition Interlocal Agreement 2001 provided in Section III. This covenant shall specifically prohibit the sharing of any information obtained in any manner, directly or indirectly, as a result of the withdrawing party's involvement in ACC or otherwise pursuant to this Agreement unless otherwise required by public records law. B. To accomplish the intent and purposes of the ACC, the parties expressly understand that legal proceedings may be pursued in various forums on behalf of ACC members. The parties recognize that legal proceedings are costly and complex endeavors and that it is necessary to assure that legal efforts are not compromised due to internal disputes and/or funding concerns. In this light, the parties hereby express their intent that legal matters shall be pursued in a manner consistent with policies and directives issued by the Executive Committee. Following initiation of any legal action authorized by the Executive Committee and filed on behalf of any or all coalition members, the parties expressly agree that, during the term of this Agreement, such matters will be conducted, resolved and/or settled as directed by the Executive Committee. No party shall have authority to enter into any settlement or compromise of claims asserted by the ACC without the Executive Committee's acceptance and unanimous approval of such settlement, unless such party has terminated its participation, pursuant to Section III. IX. INDEMNIFICATION A. In executing this Agreement, the ACC does not assume liability or responsibility for or in any way release the Parties from any liability or responsibility which arises in whole or in part from the existence, validity or effect of city ordinances, rules or regulations. If any such cause, claim, Suit, action or administrative proceeding is commenced, the Parties shall defend the same at their sole expense and if judgment is entered or damages are awarded against the Parties, ACC, or both, the Parties shall satisfy the same, including all chargeable costs and attorneys' fees. B. ACC shall indemnify and hold harmless the Parties and their officers, agents, volunteers and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the ACC, its officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Parties or the Parties and ACC, ACC shall defend the same at its sole cost and expense; and if final judgment be rendered against the Parties and their officers, agents, and employees or jointly against the Parties and ACC and their respective officers, agents, and employees, ACC shall satisfy the same. Page 9 of 18 Airport Communities Coalition Interlocal Agreement 2001 C. The Parties shall indemnify and hold harmless ACC and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the Parties, their officers, agents, and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against ACC or the Parties and ACC, the Parties shall defend the same at their sole cost and expense; and if final judgment be rendered against ACC, and its officers, agents, and employees or jointly against ACC and the Parties and their respective officers, agents, and employees, the Parties shall satisfy the same. X. MISCELLANEOUS PROVISIONS A. This Agreement shall be effective upon ratification by at least two of the Parties admitted pursuant to Section IV above. This Agreement may be amended only upon consent of all parties thereto. Any amendment hereto shall be in writing. B. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed a waiver of such term, covenant, or condition or any subsequent breach of the same of any other term, covenant, or condition of this Agreement. C. Any party hereto shall have the right to enjoin any substantial breach or threatened breach of this Agreement by any other party, and shall have the right to recover damages and to specific performance of any portion of this Agreement. D. This Agreement is solely for the benefit of the parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein. E. In all contractor services, programs or activities, and all contractor hiring and employment made possible by or resulting from this Agreement, ACC and the Parties shall abide by all federal, state, and local laws prohibiting discrimination. F. The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the Parties during the term of this contract and three (3) years after termination. Page 10 of 18 Airport Communities Coalition Interlocal Agreement 2001 G. If any provision of this Agreement or application thereof to any party or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. H. This Agreement shall' be effective whether signed by all parties on the same document or whether signed in counterparts. I. This Agreement supersedes the Interlocal Agreement entered into between the parties by signatures dated November and December 1999, and January 2000. Page 11 of 18 Airport Communities Coalition Interlocal Agreement 2001 CITY OF NORMANDY PARK APPROVED AS TO FORM this DATED this day of day of ,200 ., 200 By By Wilton S. Viall, III Merlin MacReynold City Attorney of Normandy Park Its City Manager At the direction of the Normandy Park City Council by motion regularly passed at an open public meeting on ,2OO Page 12 of 18 Airport Communities Coalition Interlocal Agreement 2001 CITY OF DES MOINES APPROVED AS TO FORM this DATED this day of day of ,200 ,200 By By. Gary N. McLean Robert L. Olander City Attorney of Des Moines Its City Manager At the direction of the Des Moines City Council by motion regularly passed at an open public meeting on , 200 Page 13 of 18 Airport Communities Coalition Interlocal Agreement 2001 CITY OF BURIEN APPROVED AS TO FORM this DATED this day of day of ,200 ,200 By By Michael Weight Gary Long City Attorney of Burien Its City Manager At the direction of the Burien City Council by motion regularly passed at an open public meeting on ,200 Page 14 of 18 Airport Communities Coalition Interlocal Agreement 2001 CITY OF TUKWlLA APPROVED AS TO FORM this DATED this day of day of ,200~ ,200 By By. Robert F. Noe Steve Mullet City Attorney of Tukwila Its Mayor At the direction of the Tukwila City Council by motion regularly passed at an open public meeting on ,200 Page 15 of 18 Airport Communities Coalition Interlocal Agreement 2001 CITY OF FEDERAL WAY APPROVED AS TO FORM this DATED this day of day of ,200 ,200 By. By. Bob Sterbank David Moseley City Attorney of Federal Way Its City Manager At the direction of the Federal Way City Council by motion regularly passed at an open public meeting on ,200 Page 16 of 18 Airport Communities Coalition I nterlocal Agreement 2001 HIGHLINE SCHOOL DISTRICT APPROVED AS TO FORM this DATED this day of day of ,200~ ,200 By. David T. Hokit Joseph R. McGeehan Attorney for Highline School District Its Superintendent At the direction of the Highline School District Board by motion regularly passed at an open public meeting on ,200~ Page 17 of 18 Airport Communities Coalition Interlocal Agreement 2001 ATTACHMENT A Invoices will be sent quarterly in advance for payment in equal installments or in total. City of Normandy Park $100,000 per year for 2001 City of Des Moines $250,000 per year for 2001 City of Burien $200,000 per year for 2001 City of Tukwila $ 50,000 per year for 2001 City of Federal Way $ 30,000 per year for 2001 /krl R:~Users~Kimberly~l L A~,CC2001.doc Page 18 of 18 Airport Communities Coalition Interlocal Agreement 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Yakima County Regional Interlocal Agreement CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION --ORDINANCE --STAFF REPORT Amount Budgeted: $ BUSINESS --PROCLAMATION Expenditure Amt: $ HEARING --STUDY SESSION Contingency Reqd: $ FYI OTHER ATTACHMENTS: Memo from Interim Chief Chaney to the Parks, Recreation, Human Services & Public Safety Committee regarding the Yakima County Regional Jail Interlocal Agreement, the Misdemeanor Billing Summary, and the final draft for an Interlocal Agreement between the City of Federal Way and Yakima County. SUMMARY/BACKGROUND: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with Yakima County for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Yakima County Regional Jail. The purpose of this Agreement is to set forth the terms and conditions by which Yakima County will provide Federal Way Department of Public Safety a place of confinement for the incarceration of one or more inmates lawfully committed to its custody, as well as compensation mutually agreed upon by both County and City for said services. The term set forth will begin December 20, 2000 and end December 31, 2002 and may be renewed for like successive periods by written addendum, until terminated by written notice received sixty (60) days prior to the termination date. This Agreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 18 months, the Department is exploring several proactive approaches to reduce jail costs. The benefits realized by this new venture would afford Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and Yakima County and enable the Department to attain one of the jail cost objectives. The Yakima County Regional Jail will not charge a booking fee however, the maintenance cost will range from $48.00 thru $51.00 per inmate and is based on a sliding scale depending on the volume of inmates. The County contracts private medical staffing and provides the inmates with commissary accounts. CITY COUNCIL COMMITTEE RECOMMENDATION: At the December 11, 2000, meeting the Parks, Recreation, Human Services and Public Safety Committee Meeting recommended that the proposed Yakima County Interlocal Agreement be forwarded to City Council for consideration. CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to sign the agreement. APPROVED FOR INCLUSION IN COUNCIL PACKET: C~E)~ (BELOIY TO BE COMPLETED BY CITY COUNCIL ACTION: COUNCIL BILL tl APPROVED 1st Reading __DENIED Enactment Reading TABLED/DEFERRED/NO ACTION ORDINANCE ti RESOLUTION ti CITY OF FEDERAL WAY . I~ 5.c DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Date: December 11, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Thomas J. C.~~r~, Interim Chief of Poli~ ~. Via: David M.og'61~)~l'~y l~anager ~-: Subject: Yakima County Regional Jail Interlocal Agreement Background: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with Yakima County for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Yakima County Regional Jail. The purpose of this Agreement is to set forth the terms and conditions by which Yakima County will provide Federal Way Department of Public Safety a place of confinement for the incarceration of one or more inmates lawfully committed to its custody, as well as compensation mutually agreed upon by both County and City for said services. The term set forth will begin December 20, 2000 and end December 31, 2002 and will automatically renew until terminated by written notice received sixty (60) days prior to the termination date. This Agreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 18 months, the Department is exploring several proactive approaches to reduce jail costs. The benefits realized by this new venture would afford Federal Way an opportunity to build a favorable relationshipbetween the Department of Public Safety and Yakima County and enable the Department to attain one of the jail cost objectives. The Yakima County Regional Jail will not charge a booking fee however, the maintenance cost will range from $48.00 thru $51.00 per inmate and is based on a sliding scale depending on the volume of inmates. The County contracts private medical staffing and provides the inmates with commissary accounts. Attached is the final draft for an Interlocal Agreement between the City of Federal Way and Yakima County. Committee Recommendation: Motion to approve and accept the Interlocal Agreement between the City of Federal Way and the Yakima County for the housing of inmates, and forward to full Council for consideration at its December 19, 2000, meeting. I/i Al ~o ~/MR/AGI:ND ~ n~e ~1 ? I 100/YAKIMA Federal Way Department of Public Safety Jail Contracts Misdemeanor Billing Summary 2000 Rates 1 King County 137.65 63.83 2 Okanogan County 20.00 46.00 3 Chelan County* n/a 56.00 4 Yakima County** n/a 48.00 - 51.00 5 Fife (pending) n/a 63.00 *Chelan County charges $60/per female inmate. ** Yakima County charges sliding scale: to 64 pop/S51.00 65 - 74 pop/S50.00 75 - 84 pop/S49.00 85 + pop/S48.00 i/excel/jail/contracts/AIIjails.xls\121100 1 Prepared by: L. Camden DRAFT AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND CITY OF FEDERAL WAY, WASHINGTON~ FOR THE HOUSING OF INMATES IN THE YAKIMA COUNTY JAIL THIS AGREEMENT is made and entered into on this __ day of , 2000 by and between the City of Federal Way, hereinafter referred to as "The City", and the Board of County Commissioners of Yakima, County, Washington, hereinafter referred to as "Yakima County" for the department of corrections, each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, the Director of Corrections and the City Manager are authorized by law to have charge and custody of the County j ail and the City prisoners or inmates respectively; and WHEREAS,, the City wishes to designate the Yakima County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to it's custody; and WHEREAS, The Director of the Corrections of Yakima County is desirous of accepting and keeping in his custody such inmate(s) in the Yakima County jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to contract with any city to perform any governmental service, activity or undertaking which each contracting jurisdiction is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to this Agreement. 2. DURATION This Agreement shall enter into full force and effect from the effective date hereto and end December 31, 2002, subject to earlier termination as provided by Section 3 herein. This agreement may be renewed for like successive periods by written addendum under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to make it necessary for the City to have inmates housed in Yakima County continuously. 3. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice: Within said sixty (60) days, the City agrees to remove its inmate(s) from the Yakima County jail. (b) By the City due to lack of funding. The obligation of the City to pay Yakima County under the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by the City. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then the City shall have the option of terminating Agreement Between Yakima County/City of Federal Way Page 1 of 1 the Agreement upon written notice to Yakima County, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the City. (c) In the event of termination of this agreement for any reason, the City shall compensate Yakima County for prisoners housed by Yakima County after notice of such termination until its inmates are returned in the same manner and at the same rates as if this agreement had not been terminated. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Yakima County: Yakima County Dept. of Corrections 128 N. Second Street Yakima, WA 98901 Contact Person: Kenneth A. Ray, Director City of Federal Way: City of Federal Way City Manager's Office P.O. Box 9718 Federal Way, WA 98063-9718 Contact Person: David H. Moseley, City Manager 5. COMPENSATION (a) Rates. Yakima County agrees to perform one (1) transport per week between the Yakima County Department of Corrections and the King County Correctional Facility, 500 5th Avenue, Seattle, WA and the Regional Justice Center, 401 4th Avenue N., Kent, WA, or such other location as designated by the City in order to transport Federal Way inmates to and from the City, and, accept and house the City inmates for compensation per day per inmate without a booking fee, at the rates provided in the table below Calendar Year 2001 Daily Rates Monthly Average Daily Daily Population (City inmates Rate in Yakima County Jail) As Agreed up to 64 $51 65 - 74 $50 75 - 84 $49 85 + $48 (b) Billing and payment. Yakima County agrees to provide the City with an itemized bill listing all names of inmates who are housed, the case or citation number, the number of days housed including the date and time booked into Yakima County and the date and time released from Yakima County, and the dollar amount due for each. Yakima County agrees to provide said bill on or about the 10th of each month. The City agrees to make payment to Yakima County on or about thirty (30) days from the date the bill is received. Agreement Between Yakima County/City of Federal Way Page 2 of 2 6. RIGHT OF INSPECTION The City shall have the right to inspect, at all reasonable times, all Yakima County jails in which inmates of the City are confined in order to determine if such jail maintains standards of confinement acceptable to the City and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin. Yakima County shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 7. FURLOUGHS, PASSES, AND WORK RELEASE Yakima County agrees that no early releases or alternatives to incarceration, including furloughs, passes, home detention, or Work Release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. 8. INMATE ACCOUNTS Yakima County shall establish and maintain an account for each inmate received from the City and shall credit to such account all money which is received and shall make disbursements, debiting such account in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. Yakima County shall be accountable to the City for such inmate funds. At either the termination of this Agreement, the inmate's death, release from incarceration or return to either the City or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of the City. If requested by the City, Yakima County Department of Corrections will return said inmate reimbursement to the City in the form of a check in the name of each inmate eligible for said reimbursement. - 9. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Yakima County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with their individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Yakima County, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. 10. MEDICAL SERVICES (a) Inmates from the City shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Yakima County jail. Yakima County shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for routine minor medical services, the City shall pay directly or reimburse Yakima County for all costs associated with the delivery of any emergency and/or major medical service provided to the City inmates. (b) Yakima County shall keep an adequate record of all such services. The City shall review at its request any medical or dental services of major consequence, which shall be reported to the City as~ soon as time permits. (c) Should medical or dental services require hospitalization, the City agrees to compensate Yakima County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, the City will be notified either by phone or fax prior to the inmate's transfer to a hospital and nothing herein shall preclude the City from retaking the ill or injured inmates. Agreement Between Yakima County/City of Federal Way Page 3 of 3 11. DISCIPLINE Yakima County shall have physical control over and power to execute disciplinary authority over all inmates of the City . However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 12. RECORDS AND REPORTS (a) The City shall forward to Yakima County before or at the time of delivery of each inmate; a copy of all inmate records pertaining to the inmate's present incarceration at the King County Correctional Facility and/or the Regional Justice Center. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Yakima County shall keep all necessary and pertinent records concerning such inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Yakima County, the City shall upon request be entitled to receive and be fumished with copies of any report or record associated with said inmate(s) incarceration. 13. REMOVAL FROM THE JAIL An inmate of the City legally confined in Yakima County shall not be removed therefrom by any person without written authorization from the City or by order of any court having jurisdiction. Yakima County agrees that no early releases or alternatives to incarceration, including furloughs, passes, home detention, or Work Release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of Yakima County. In the event of any such emergency removal, Yakima County shall inform the City of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe keeping and custody of such inmate or inmates. 14. ESCAPES In the event any City inmate shall escape from Yakima County's custody, Yakima County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to the City. Yakima County shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Yakima County; however, Yakima County shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 15. DEATH OF AN INMATE (a) In the event of the death of a City inmate, the Yakima County Coroner shall be notified. The City shall receive copies of any records made at or in connection with such notification. Yakima County will investigate any death within its facility and will allow the City to join in on the investigation. (b) Yakima County shall immediately notify the City of the death of a City inmate, furnish information as requested and, subject to the authority of the Yakima County coroner, follow the instructions of the City with regard to the disposition of the body. Written notice shall be provided within three week days of receipt by the City of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by the City. With the City's consent, Yakima County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall govern only the Agreement Between Yakima County/City of Federal Way Page 4 of 4 relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) The City shall receive a certified copy of the death certificate for any of its inmates who have died while in Yakima County custody. 16. RETAKING OF INMATES In event the confinement of any City inmate is terminated for any reason by either party, retaking of inmates shall be coordinated in the same manner and at the same rates as if this agreement had not been terminated, or in a manner that best meets mutual interest of both parties. 17. HOLD HARMLESS AND INDEMNIFICATION (a) The City shall defend, indemnify and hold harmless Yakima County, its officers, agents and employees from any claim, cost, judgment or damages, including attorneys' fees, arising from any City action or proceeding involving the confinement of any inmates from the City in Yakima County: provided that any such claim, cost, judgment or damage does not arise out of allegations of any intentional, willful or negligent act or omission solely on the part of Yakima County or any officer, agent or employee thereof. (b) Yakima County shall defend, indemnify and save harmless the City, its officers, agents and employees from any claim, cost, judgments or damages, including attorneys' fees, including without limitation claims by Yakima County's employees, agents, or independent contractors arising out of any action or omission of Yakima County, its officers, agents, independent contractors, or employees while said persons are in the custody of Yakima County, or for any wrongful release of prisoners placed in their custody. (c) A prisoner shall become the responsibility of Yakima County at the point that the prisoner(s) is booked into Yakima County jail or when the prisoner(s) has been released to the care, custody and control of Yakima County, including without limitation the point at which Yakima County or its agents picks up prisoners or transports prisoners as in Section 5. Liability shall transfer to Yakima County, and the indemnification is triggered, at this point. The City shall be held harmless by the Yakima County under the terms of this section for all claims arising out of the detention of the prisoner(s). Accordingly, Yakima County shall be held harmless by the City under the terms of this agreement, for claims arising out of the arrest of the prisoner(s), or arising out of any situation occurring prior to the time that Yakima County assumes responsibility for the prisoner(s). (d) Each party agrees to provide the other with evidence of insurance coverage. Each party shall obtain and maintain coverage in minimum liability limits of TWO MILLION AND 00/100 DOLLARS ($2,000,000) for its liability exposures, including commercial general liability, errors and omissions, auto liability and police professional liability. The provisions of this section shall survive the expiration or termination of this Agreement. 18. MISCELLANEOUS (a) Yakima County shall have the right to refuse to accept any inmate from the City when, in the opinion of Yakima County, its inmate census is at capacity or so near capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Yakima County shall further have the right to refuse to accept any inmate from the City who, in the judgment of Yakima County, has a current illness or injury which may adversely affect the operations of the Yakima County jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. Agreement Between Yakima County/City of Federal Way Page 5 of 5 (c) Except for the weekly transport provided by Yakima County pursuant to Section 5(a) hereof, City prisoners incarcerated in Yakima County pursuant to this Agreement shall be transported to Yakima County by and at the expense of the City and shall be returned, if necessary, to the City by the City personnel and at the City's expense. (d) In providing services under this contract, Yakima County is an independent contractor and neither it nor its officers, agents or employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this contract give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY, WA BOARD OF YAKIMA COUNTY COMMISSIONERS David H. Moseley, City Manager Jesse Palacios, Chairman Attest: City Clerk Bettie Ingham, Commissioner N. Christine Green, CMC Approved as to Form: City Attorney James Lewis, Commissioner Bob C. Sterbank Approved as to Form: Attest: RONALD S. ZIRKLE, Yakima County Clerk of the Board Chief Deputy Prosecutor Sylvia E. Cervantes Dated: K:\interlcl\jail services agrnt yakima county2 Agreement Between Yakima County/City of Federal Way Page 6 of 6 ...MEETING DATE: December 19, 2000 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Year 2001 Asphalt Overlay Program Preliminary Project List and Authorization to Bid ..... ¥'i .............................................................................................................................................. g Y X Y :. X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Memo to the Land Use and Transportation Committee dated December 4, 2000, 2001 Asphalt Overlay Program Preliminary Maps, and Schedules of Proposed Streets. SUMMARY/BACKGROUND: Public Works staff has developed a list of recommended streets for the 2001 Asphalt Overlay Program. The total budget for the program is $2,037,050 and is comprised of the 2001 Overlay Budget, the mitigation fund from the 21st Avenue SW Park and Ride, the 2001 structures budget, and 2000 carry forward. The following streets were selected to be included in the 2001 Asphalt Overlay Program using the City's pavement management system and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A more detailed list of streets and a project vicinity map are attached for your information. Schedule A S 304th Street $ 225,249 Schedule B S 336th Street $ 278,813 Schedule C S 373ra Street $150,820 Schedule D Century Palisades $ 99,865 Schedule E West Campus - Phase 1 $ 293,650 Schedule F West Campus - Phase 2 $186,625 Schedule G Scarborough/Mark Twain $ 216,797 Schedule H Military Road E $ 205,058 Schedule I Weyerhaeuser Way S and S 336th $ 509,348 Estimated Construction Costs $2,166,225 The project has a preliminary estimated cost of $2,557,348, which includes construction, construction administration, ten percent construction contingency, the pavement management system, in-house design, and printing and advertising. The 2001 Asphalt Overlay project will be awarded within the above identified Qverlay construction budget. ,ance Council approves the list of streets for the overlay program, staff will begin final design. The anticipated date for advertising is April 2001, with construction beginning in May 2001. Use and Transportation Committee made the following recommendation: 1) Approve the list of streets for the 2001 Asphalt Overlay Project. 2) Authorize staff to bid all or part of the 2001 Asphalt Overlay Project and return with a request for permission to award the project within the available 2001 asphalt overlay budget to the lowest responsive, responsible bidder. .... Overlay Project, and to authorize staff to bid all or part of the 2001 Asphalt Overlay Project and return with a request for permission to award the project within the available 2001 asphalt overlay budget to the lowest responsive, responsible bidder. .... ............................................................................................................. (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1 st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # k:\council\agdbills~2000\overlay list 2001.doc RESOLUTION # CITY OF~ DATE: December 4, 2000 TO: Phil Watkins, Chair Land Use and Transportation Committee FROM: Marwan Salloum, Street Systems Manag~ VIA: David H. M~nager SUBJECT: Year 2001 Asphalt Overlay Program Preliminary Project List and Authorization to Bid BACKGROUND Public Works staff has developed a list of recommended streets for the 2001 Asphalt Overlay Program. The total budget for the program is $2,037,050 and is comprised of the following: 2001 Overlay Budget $1,622,832 Mitigation Fund (21st Avenue SW Park and Ride) $ 20,100 ~c>o ~ M.99~, Structures Budget $119,000 2000 Carry Forward $ 275,118 Total Funding Available $2,037,050 The $119,000 from the Structures budget is for the City's annual Sidewalk Replacement Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks within the overlay project area. The $20,100 mitigation fund was collected from the Washington State Department of Transportation (WSDOT) for the overlay ora portion of 21 st Avenue SW as part of the Park and Ride project. The following is a preliminary list of Streets to be included in the 2001 Asphalt Overlay Program. The streets were selected using the City's pavement management system and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A more detailed list of streets and a project vicinity map are attached for your information. Schedule A S 304* Street $ 225,249 Schedule B S 336* Street $ 278,813 Schedule C S 373rd Street $150,820 Schedule D Century Palisades $ 99,865 Schedule E West Campus - Phase 1 $ 293,650 Schedule F West Campus - Phase 2 $186,625 Schedule G Scarborough/Mark Twain $ 216,797 Schedule H Military Road E $ 205,058 Schedule I Weyerhaeuser Way S & S336th $ 509,348 Estimated Subtotal Construction Project Costs $2,166,225 LUTC Memo- 2001 Asphalt Overlay Project List and Authorization to Bid December 4, 2000 ' Page 2 10% Construction Contingency $ 216,623 Pavement Management System* $ 20,000 In-house Design* $ 66,000 Construction Administration* $ 85,000 Printing and Advertising $ 3,500. Estimated Total Program Cost $2,557,348 * The 2001/2002 Budget authorized the transfer of the cost for the Pavement Management System and some staff time into the Overlay Budget. '. The estimated cost of $2,557,348 is a preliminary figure used for estimating purposes only and includes construction administration, ten percent construction contingency, in-house design, and printing and advertising. The 2001 Asphalt Overlay project will be awarded within the above identified overlay construction budget. Once Council approves the list of streets for the overlay program, staff will begin final design. The anticipated date for advertising is April 2001, with construction beginning in May 2001. RECOMMENDATION Staff recommends the following items be placed on the December 19, 2000 City Council consent agenda: 1) Approve the list of streets for the 2001 Asphalt Overlay Project 2) Authorize staffto bid all or part of the 2001 Asphalt Overlay Project and return with a request for permission to award the project within the available 2001 asphalt overlay budget to the lowest responsive, responsible bidder. MS:jif k:\lut¢~2000~2001 overlaylist.doc 1000 0 IOOQOOOO~)O0 Feet ~ Preliminary Vicinity Map ,.,.,-...~--~ 2001 Overlay Program Federal Way CityMap DRAFT s 305~ ~. S 3081h ST S 3081h ST S 309flPL S 3101fl ST __ ~' ~< -- S 3101h PL ~ ~ a S 312th ST ~ S 312th ST S 3151h ~'r S 3t5~ S ~ .~ ~u~ .~T " ~ N ~ 0 ~~ F~t ~ Prelimina~ List T A- S 304th Street F~eral Way Ci~Map The CIb/ of Federal Way ma~es no watran;y as m ~s accurs~Y. ~ S 3361h ST S338~ST S 341 s S 341st ST S 343~d ST S 3441h ST S 344th ST N 200 0 200 400 600 800 Feet ~ ~ Preliminary List 2001 Overlay Program .~..~.. B -S 336th Street Federal Way CityMap Note: This nmp is intended for use as a graphicel repmsentetion only. Ma,~ roads lw.K. Messlneer The City of Federal Way mekes no vmmmty as k) its accuracy. S363nj PL S364th ST UJ S 372~d ST 371st ST S 373RD ST SW 374th ST ~ S 37ah ST N 200 0 200 400 600 800 Feet ~ ~ Preliminary List 2001 Overlay Program ....~,~. C - S 373rd Street Federal Way ' CityMap Schedule C Note: This mep is intended for use es a ~. 'c~l. ..r~p~sental~on only. The City of Federal Way makes no wenar~ as to ~s accuracy. SW 315th ST ,th i SW 316th ST ..~ - ~ ,th ~ 'th ~ SW 318th ST SW 317th PL - ~ J ~ '~' W3 ~ SW 320th ST ~ SW 320th SW 320~ PL ~ . ~ SW ~ ~ ~ ~ 321st LN m ~ = ~~~ - SW~n,S~ ~ N Preliminary List .~,.~,~.. 2001 Overlay Program Federal Way D - Century Palisades CityMap No~e: This mep is inamded for use as e graphicel representation only. Mao made bv .K. Merrier The C, ity d Federal Way makes no watranty es ~o its accuracy. 318~1PL S321stLN ~1 SW 320th ST ~ ~ ~ S 320th S1 SW 320th ST ~ SW 321st ST .,.., S 321st ST ~-~ PL ~ S 325th LN 324~__ S 324~1 PL ,~ 3271h PL 329~1 ST -.~ LU ~ SW 330th ST ~h -~ . ~ SW 331st SW 332nd 400 ~ 800 F~t 2OO 0 ~ Preliminar~ List T 2001 OYerlay Program E - West Campus Phase 1 FederalWay CitTMap Note: This map is intended fo~ use as a ~ m._pmsenteSon only. The City of Federal Way makes no warramy as ~o its accuracy. Map made by.K. Messlnger N 200 0 200 400 600 800 Feet ,'-'- ~ Preliminary List 2001 Overlay Program F -West Campus Phase 2 Federal Way CityMap Note: This map is intended for use as a gmphical represents6on only. Map macle by -K, Messlnger The City of Federel W~ makes no warran~y ,~ to its eecuracy. N Preliminary List 2001 Overlay Program ,,.,.~.~.~ Scarborough/Mark Twain Federal Way CityMap No~: This map is intended for ~ as a ~ ..r~oresental~on only. The City of Federal Way makes no warranly as ~o its accuracy. S 280th PL S 2801h ST 281stST ~[ S281stST S 282nd $ s ~ S'Z~3~d P~ S 282nd 283rd PL ST ~ % g "' S 2841h h P,. ~' -o sT ~ 286~ ST d~ S2~ S 285, ST ~ I~ S 285th PL PL S 2861h ST ~ ~~ S 2861h PL S 287th ST PL ~l~ S 288th ST ~ S 2901h ST S 2901h ST ~ ~ S 291st ST S 291st .4 S S 292nd N 200 0 200 400 600 800 Feet ~ ~"' ~ Preliminary List 2001 Overlay Program ..---~,~-- H - Military East Fede=~ Way CityMap S323d ST ¢o S 325~ ST S 333rd ST S 334th ST ,// S 336th ST s 33ah PL S 337~1 ST 200 0 200 400 600 800 Feet ~ ~ Preliminary List T 2001 Overlay Program -.--~-~-- I - Weyerhaeuser Way Fe~e=~ Way CityMap Note: This mep Js intended for use as · ~ ..mpresentelJon only. The City of Federal Way makes no wan~nty as [o ~ accuracy. 2001 Overlay Street Est Schedule A - South 304th Street Street S 304 ST From 9 AVE S to 10 AVE S $ 304 ST From 10 AVE S to PAVEMENT BREAK $ 304 ST From PAVEMENT BREAK to 11 AVE S S 304 ST From 11 AVE S to 13 PL S S 304 ST From 13 PL S to 15 CT $ S 304 ST From 15 CT S to 16 AVE S . S 304 ST From 16 AVE S to PACIFIC HWY S S 304 ST From PACIFIC HWY S to 20 AVE S S 304 ST From 20 AVE S to 21 AVE S S 304 ST From 21 AVE S to 23 AVE S S 304 ST FroWn 23 AVE $ to 24 PL S S 304 ST From 24 PL S to 25 PL $ S 304 ST From 25 PL S to 26 PL S $ 304 ST From 26 PL S to 27 AVE S Schedule B - South 336th Street Street S 336 ST From 9 AVE S to 10 PL S S 336 ST From 10 PL S to 13 PL S S 336 ST From 13 PL S to PACIFIC HWY S 6 AVE S From S 335 ST to S 334 ST 6 AVE S From S 335 ST to S 336 ST Schedule C - 373rd Street Street 12 AVE S From 11 PL S to $ 372 WY S 372 WY From S 373 ST to 12 AVE S S 373 PL From 8 AVE S to S 372 WY S 373 ST From PACIFIC HWY S to 8 AVE S S 373 ST From 8 AVE $ to S 373 PL SW 374 ST From 2 AVE SW to 1 AVE SW SW 374 ST From I AVE SW to PACIFIC HWY S S 375 ST From 8 AVE S to CL W (15) Schedule D - Century Palisades Street 27 AVE SW From PAVEMENT BREAK to CS S 28 PL SVV From SW 315 ST to CS W SW 315 ST From 27 AVE SW to 28 PL SW SW 315 ST From 28 PL SW to EOR W 21 AVE SW From DASH PT RD SW to SW 316 ST Schedule E - West Campus, Phase 1 Street 2 AVE SW From SW 324 CT to SW 325 PL 2 AVE SW From SW 325 PL to CS S 2 PL SW From SW 325 PL to CS S 3 AVE SW From SW 329 ST to SW 330 ST 4 AVE SW From CS N to SW 321 ST 6 AVE SW From SW 320 ST to SW 320 PL 6 AVE SW From SW 320 PL to SW 321 ST 6 AVE SW From SW 321 ST to SW 323 ST 6 AVE SW From SW 323 ST to SW 324 ST 6 AVE SW From SW 324 ST to SW 325 PL 6 AVE SW From SW 325 PL to SW 326 ST 6 AVE SW From SW 326 ST to SW 327 ST 6 AVE SW From SW 327 ST to SW 327 PL 6 AVE SW From SW 327 PL to SW 328 CT 6 AVE SW From SW 328 CT to SW 329 ST 6 AVE SW From SW 329 ST to SW 330 ST SW 320 PL From CS W to 6 AVE SW SW 321 ST From 6 AVE SW to CS W SW 324 CT From 2 AVE SW to CS W SW 324 ST From CS E to 6 AVE SW SW 325 PL From 1 AVE SW to 2 AVE SW SW 325 PL From 2 AVE SW to 2 PL SW SW 325 PL From 2 PL SW to 3 AVE SW SW 325 PL From 3 AVE SW to 6 AVE SW Schedule F - West Campus, Phase 2 Street 7 AVE SW From CS N to SW 323 ST 7 AVE SW From SW 323 ST to CS S 7 AVE SW From SW 327 ST to CS W 7 PL SW From CS N to SW 323 ST 8 AVE SW From CS N to SW 323 ST 8 AVE SW From SW 323 ST to SW 327 ST SW 323 ST From 6 AVE SW to 7 AVE SW SW 323 ST From 7 AVE SW to 7 PL SW SW 323 ST From 7 PL SW to 8 AVE SW SW 327 ST From 6 AVE SW to 7 AVE SW SW 327 ST From 7 AVE SW to 8 AVE SW Schedule G - Scarbomugh/Mark Twain Street 21 AVE S From S 279 PL to EOR 23 AVE S From S 278 ST to CS N 25 DR S From S STAR LK RD to 26 AVE S 25 DR S From 26 AVE S to S 278 ST 25 DR S From S 278 ST to S 278 CT 25 DR S From S 278 CT to S 279 PL 25 DR S From S 279 PL to S 280 PL 27 AVE S From S 276 PL to S STAR LAKE RD S 276 PL From CS N to 27 AVE S S 276 PL From 27 AVE S to S STAR LAKE RD S 277 PL From 21 PL S to CS VV S 278 CT From 25 DR S to CS W S 278 ST FroWn 25 DR S to 23 AVE S S 278 ST From 23 AVE S to 21 PL S S STAR LAKE RD From 27 AVE S to MILITARY RD S Schedule H - Milita~j East Street 26 AVE S From S 284 ST to S 287 ST 27 AVE S From S 282 ST to S 284 ST 27 PL S From S 287 ST to EOR N 28 AVE S From CS N to S 282 ST 28 AVE S From S 282 ST to S 284 ST 28 PL S From S 291 PL to S 288 ST 28 PL S From S 288 ST to CS N 29 AVE S From CS W to S 282 ST 29 AVE S From S 282 ST to S 284 ST 29 PL S From S 284 ST to S 284 PL 29 PL S From S 284 PL to S 285 ST 29 PL S From S 285 ST to S 285 PL 29 PL S From S 285 PL to EOR E S 282 ST From 27 AVE S to MILITARY RD S S 282 ST From 28 AVE S to 27 AVE S S 282 ST From 29 AVE S to 28 AVE S S 284 ST From 26 AVE S to MILITARY RD S S 284 ST From CS E to 29 AVE S S 284 PL From 29 PL S to CS W S 285 PL From 29 PL S to CS W S 285 ST From CS E to 29 PL S S 287 ST From 26 AVE S to 27 PL S S 291 PL From 28 PL S to CS W Schedule I - Weyehaeuser Way Street WEYERHAEUSER WAY S From PAVEMENT BREAK. F&W to S 336 ST WEYERHAEUSER WAY S From S 336 ST to S 336 ST WEYERHAEUSER WAY S From S 336 ST to S 336 PL WEYERHAEUSER WAY S From S 336 PL to PAVEMENT BREAK 30 AVE $ From S 336 PL to WEYERHAEUSER WAY S S 336 PL From WEYERHAEUSER WAY S to 30 AVE S S 336 ST From I-5 to FORK S 336 ST From FORK to WEYERHAEUSER WAY S (N) S 336 ST From FORK to WEYERHAEUSER WAY S (S) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2000 Commute Trip Reduction (CTR) Act Professional Services Agreement Extension with King County Metro CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS __PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Memo to the Land Use and Transportation Committee dated November 21, 2000 SUMMARY/BACKGROUND: The current professional services agreement with King County Metro is funded by the state CTR grant allocation and the Congestion Mitigation Air Quality (CMAQ) grant from the Washington State Department of Transportation (WSDOT), and will expire December 31, 2000. Staff proposes to extend this existing agreement for six (6) months to June 30, 2001 at an estimated cost of $13,741. The 2000 professional services agreement extension with King County Metro will be funded by the remaining six (6) months of the state CTR grant allocation ($12,100) and a portion of the CMAQ grant ($4,300), for an estimated total of $16,400. At a later date, staff will be proposing a new CTR professional services agreement from July 1, 2001 through June 30, 2002. This new timeframe will coincide with the state CTR grant allocation period, and will allow staff to plan future work activities and agreements to match state funding, based on the state's fiscal calendar. CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 21, 2000 meeting, the Land Use and Transportation Committee recommended placing the following item on the December 19, 2000 Council Consent Agenda: Authorize the City Manager to extend the 2000 Commute Trip Reduction (CTR) Act Professional Services Agreement with King County Metro by six (6) months to June 30, 2001 in order to align the agreement term with the state's fiscal calendar and associated grant programs. CITY MANAGER RECOMMENDATION: Motion to extend the 2000 Commute Trip Reduction (CTR) Act Professional Services Agreement with King County Metro by six (6) months to June 30, 2001 in order to align the agreement term with the state's fiscal calendar and associated grant programs. . ....... .... - ........... ........................................................................................... (BELOYr' TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL tt DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE tt k:\council\agdbills\2000X2000 ctr psa extension.doc RESOLUTION # DATE: November 21, 2000 TO: Phil Watkins, Chair Land Use and Transportation Committee FROM: Richard A. Perez, Traffic Engineer Sarady Long, Traffic Analyst VIA: David H. M~ager RE: 2000 Commute Trip Reduction (CTR) Act Professional Services Agreement Extension With King County Metro BACKGROUND Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.527. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to the single occupant vehicle (SOV) for the commute trip. The law requires that all employers, both public and private, who employ one hundred (100) or more full-time employees who are scheduled to arrive at a single work site between 6:00 a.m. and 9:00 a.m., develop and implement a CTR plan. The following goals were established to reduce the number of SOVs and the vehicle miles traveled (VMT) per employee trip: 20% reduction by 1997 25% reduction by 1999 35% reduction by 2005 Currently, the CTR Law affects fifteen employers within the City of Federal Way: 1. Berger/ABAM Engineers, Inc. 2. Capital One 3. City of Federal Way 4. Orion Industries 5. Financial Pacific 6. Saint Francis Hospital 7. United States Government Postal Services 8. USAA Insurance 9. World Vision 10. Weyerhaeuser Company (six sites) LUTC Memo - 2000 CTR Act Professional Services Agreement Extension with King County Metro November 21, 2000 Page 2 PROFESSIONAL SERVICES AGREEMENT In order to comply with the state CTR Law, and to ensure consistency and fairness in its administration, the City entered into a professional services agreement with King County Metro to delegate the implementation of the CTR Act. Staff believes this is a cost-effective relationshipas most cities employ a full-time CTR coordinator. The current professional services agreement with King County Metro is funded by the state CTR grant allocation and the Congestion Mitigation Air Quality (CMAQ) grant from the Washington State Department of Transportation (WSDOT), and will expire December 31,2000. Staff proposes to extend this existing agreement for six (6) months to June 30,2001 at an estimated cost of$13,741. See attached Exhibit A for the adjusted scope of work and Exhibit B for the budget. The 2000 professional services agreement extension with King County Metro will be funded by the remaining six (6) months of the state CTR grant allocation ($12,100) and a portion of the CMAQ grant ($4,300), for an estimated total of $16,400. At a later date, staff will be proposing a new CTR professional services agreement from July 1, 2001 through June 30, 2002. This new timeframe will coincide with the state CTR grant allocation period, and will allow staff to plan future work activities and agreements to match state funding, based on the state's fiscal calendar. RECOMMENDATION Place the following item on the December 19, 2000 Council Consent Agenda: Authorize the City Manager to extend the 2000 Commute Trip Reduction (CTR) Act Professional Services Agreement with King County Metro by six (6) months to June 30, 2001 in order to align the agreement term with the state's fiscal calendar and associated grant programs. SL:jlf k:\lut¢\2OOO\¢tr 2001 pa.do¢ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2001 Planning Commission Work Program CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT ExpenditureAmt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: 1) December 19, 2000, Memorandum to the City Council; 2) December 4, 2000, Memorandum to the Land Use/Transportation Committee (LUTC). SUMMARY/BACKGROUND: The 2001 Planning Commission Work Program was presented to the LUTC on December 4, 2000. At that meeting, the LUTC made a motion to recommend approval of the work program as described in the December 19, 2000, Memorandum to the City Council. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the 2001 Planning Commission Work Program as described in the attached December 19, 2000, Memorandum to the City Council. CITY MANAGER RECOMMENDATION: Move to approve the 2001 Planning Commission Work Program as recommended by the LUTC and as listed in the attached December 19, 2000, Memorandum to the City Council. .... .................................................................................................................. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED ORDINANCE # TABLED/DEFERRED/NOACTION RESOLUTION # I:\2001 Planning Commission Work Program\121900 CC Cover Agenda on PC Work Program.doc/12/l 1/00 2:31 PM MEMORANDUM To: Members of the City Council FROM: Kathy McClung, Interim COmmunity Development Services Director Margaret H. Clark, AICP, Senior Planner ~ ~ D^TE: December 19, 2000 SUBJECT; 2001 Planning Commission Work Program I. BACKGROUND The 2001 Planning Commission Work Program was presented to the LUTC on December 4, 2000. At that meeting, the LUTC made a motion to recommend approval to the City Council of the work program as described in the following section. Il. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION ON THE 2001 PLANNING COMMISSION WORK PROGRAM The following Work Program is organized first by items that are required to be completed by State Law, followed by items prioritized by the LUTC. A. Items Required by State Law 1. 2000 Comprehensive Plan Update -The site-specific requests were presented to the City Council for the Site Selection Process on October 17, 2000. This Update is anticipated to be completed in Spring 2001. 2. 2001 Comprehensive Plan Update - The City will be undertaking its five-year update of the comprehensive plan in 2001. This update will be more comprehensive in scope than previous updates. 3. Wellhead Protection -- This work depends on' a Wellhead Protection Program being undertaken by the Lakehaven Utility District. The District anticipates completion of the program by July 2001. 4. Endangered Species Act (ESA) and Stream Related Amendments - The City will be hiring a consultant in early 2001 to evaluate whether and how city regulations need to be amended to comply with ESA requirements. 5. Annual Report to the Office of Financial Management (OFM) -- The City is required to provide building permit-related information every April to OFM, which then produces City population estimates as of April 1 of each year. 6. Benchmarl~ Report -- This is an annual data request made of all cities by King County to fulfill requirements of the Growth Management Act [GMA]. 7. Buildable Lands Report - The City is required to provide King County with single family, multifamily, commercial, and industrial development information, as well as number of single family lots platted (created) on a yearly basis. This process is intended to compare anticipated growth against actual development over time to determine whether there is enough suitable land to accommodate expected growth for the 20 year planning period, and whether urban densities are being achieved. B. Items Prioritized by the LUTC 1. Transportation Impact Fees - Once the Transportation Model has been completed, a Transportation Concurrency Ordinance and/or Traffic Impact Fee Ordinance will be prepared. 2. Planned Action SEPA -- In 1995, the legislature authorized a new category of project action called "Planned Action SEPA." The City will be conducting a Planned Action SEPA for the City Center to provide a streamlined environmental review process at the project stage by conducting detailed environmental analysis during planning or prior to development actually occurring. The process requires that a City first complete an Environmental Impact Statement (EIS), which addresses the likely significant adverse environmental impacts of the planned action. As part of the Planned Action SEPA, we will be preparing a code amendment to establish higher height limits outfight in the City Center in lieu of creating a height bonus program. The height bonus program provides for increased height in exchange for either providing public open space on-site or paying a fee-in-lieu of providing open space. However, the procedure and formula for calculating on-site open space and an alternative fee-in-lieu has never been finalized. 3. Twenty Five Percent Threshold for Right-of-Way Improvements - Review the requirement for fight-of-way improvements if a land use improvement requiring a development permit is over 25 percent of the appraised value of structures on the property and no fight-if-way improvements (city or privately initiated) have occurred within the past four years. 4. Group Homes Type 1 -- Adopt a code amendment to clarify the process for siting Group Homes Type I. Presently, City Code is silent as to the process to locate these 2001 Planning Commission Work Program Page 2 December 19, 2000 types of uses. Also review the 1,000 foot-separation requirement for Social Service Transitional Housing. Currently these uses are allowed in single and multi-family residential zones. However special regulations require that they be located 1000 feet away from other Social Service Transitional Housing. The regulations also require that these uses have convenient access to transportation and commercial services. There are no longer sites in RM zones that are able to meet both these criteria. 5. Phase H PotentialAnnexation Study - This is the preparation of a Comprehensive Plan (written text) and M~p with an accompanying Zoning Map for the Potential Annexation Area (PAA). I:\2001 Planning Commission Work Program\121900 Planning Commission Work Program to CC.doc/12/11/2000 2:28 PM 2001 Planning Commission Work Program Page 3 December 19, 2000 MEMORANDUM To: Phil Watkins, Chair Land Use/Transportation Committee (LUTC) FROM: Kathy McClung, Interim CDS Director Margaret H. Clark, AICP, Senior Planner ~ V~A: David M er DATE: December 4, 3~00 SUBJECT: Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program I. BACKGROUND This memorandum includes the following: 1. Status of the Planning Commission Work Program as approved by the City Council on May 2, 2000. The status of work preformed to date on each item is shown. 2. Carry-over and potential new work items for the 2001 Planning Commission Work Program. 3. Other on-going long range planning responsibilities. 4. 2001 Comprehensive Plan Update. 5. Consultant Monies Available. 6. Request for Prioritization. 7. Summary of all Potential 2001 Planning Commission and Long Range Planning Division Work Items. II. STATUS OF 2000 PLANNING COMMISSION WORK PROGRAM DESCRIPTION STATUS REQUIRED BY LAW 1999 Comprehensive Plan Update Completed in September 2000 Yes 2000 Comprehensive Plan Update The site-specific requests were Yes presented to the City Council for the Site Selection Process on October 17, 2000. These requests will be taken to the City's Development Review Committee after the Transportation Model has been completed (Model anticipated to be completed in November 2000). Miscellaneous Code Amendments Miscellaneous Code Amendments Simple housekeeping process- No Phase I related items that are not subject to review pursuant to the State Environmental Policy Act (SEPA). Code amendments adopted October 2000. Miscellaneous Code Amendments These include housekeeping No Phase II process-related items that are subject to review pursuant to SEPA. Scheduled for public , hearing by the Planning Commission in January and February 2001. Crime Prevention through In process. On December 4, 2000 No Environmental Design (CPTED) LUTC Agenda. Public Parks Text Amendment Scheduled for public hearing by the No Planning Commission in January 2001. Dimensional Standards Text Scheduled for public hearing by the No Amendments Planning Commission in February 2001. Cluster Subdivisions On December 4, 2000 LUTC No Agenda. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 2 December 4, 2000 III. CARRY-OVER AND POTENTIAL NEW WORK ITEMS FOR THE 2001 PLANNING COMMISSION WORK PROGRAM. DESCRIPTION STATUS ] REQUIRED I BY LAW CARRY-OVER ITEMS Wellhead Protection This work depends on a Wellhead Protection Yes Program being undertaken by the Lakehaven Utility District. The District anticipates completion of the program by July 2001. Transportation Impact Fee This work depends on the completion of the No (TIF) Transportation Model being prepared by the Public Works Department. The Model is anticipated to be completed at the end of November 2000. The proposed City budget includes $40,000 for consultant's fees for the TIF. ~nnexation/Development Consultant selected. No Agreements Height Requirements for On hold for Planned Action SEPA for City Center No City Center (Potential new work item). Group Homes Type I Consultant selected. No Endangered Species Act This work depends on clarification from the State. Yes including Stream-related Amendments~ POTENTIAL NEW WORK ITEMS Complete the 2001 The deadline for submittal of requests was Yes Comprehensive Plan Update September 30, 2000. Six site-specific requests (Five-year update) were received. No work has been completed to date. Please see Section V of this staff report for additional details. Phase II Potential Annexation The Phase I Study was completed this year. King No Area Study County has offered to provide $50,000 towards the completion of Phase II. An Interlocal Agreement must be entered into between the two jurisdictions. Also funding needs to be approved as part of the budget Planned Action SEPA for City Funding needs to be approved as part of the No Center. budget Implementation of liB 2505 - This needs to be prioritized. No Property Tax Abatement for Multiple Family Housing2 Geologically Hazardous Areas This needs to be prioritized. No Amendmen~ Miscellaneous Code Amendments On-going to address housekeeping items. No ~ Please see attached August 19, 1999 Correspondence from Washington Department of Community, Trade and Economic Development correspondence. 2 Please see attached House Bill Report HB 2505 3 Please see attached August 19, 1999 Correspondence from Washington Department of Community, Trade and Economic Development correspondence. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 3 December 4, 2000 IV. OTHER LONG RANGE PLANNING RESPONSIBILITIES. DESCRIPTION I STATUS I REQUIRED BY LAW ANNUAL REPORTS Office of Financial Management This is an annual report provided to the Yes Yearly Population Estimate State Office of Financial Management Report [OFM] King County Benchmark and This is an annual data request made of ali Yes Annual Growth Information cities by King County to fulfill Report requirements of the Growth Management Act [GMA] Track and Inventory Buildable Under the Buildable Lands Program, six Yes Lands counties, including King County, must annually collect data on land capacity and development activity from their cities and unincorporated areas. CARRY-OVER ITEM Changes to FWCC, Chapter 18, These are code amendments required to It is advisable to have Environmental Policy bring FWC, Chapter 18 into compliance local regulations with state law. This is not required to go conform to State Law. to the Planning Commission, but go directly to the Land Use Transportation Committee and City Council. V. 2001 COMPREHENSIVE PLAN UPDATE The City of Federal Way's Comprehensive Plan was adopted in November 1995. It has since been updated in 1998 and 1999 and we are currently working on the 2000 amendments. The 1995 Comprehensive Plan took approximately three years to complete and cost over $700,000 in consulting fees in addition to staff time and expense. The 1998 and 1999 amendments focused mainly on site-specific requests and amendments of a housekeeping nature. The City will be undertaking its five-year update of the comprehensive plan in 2001. This update will be more comprehensive in scope than the two previous updates. The following table identifies which chapters are in need of extensive amendments and will tentatively identify work that can be done in house as opposed to by consultants. An asterisk marks chapters requiring extensive work. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 4 December 4, 2000 2001 COMPREHENSIVE PLAN UPDATE CHAPTER DESCRIPTION OF UPDATE WHO WILL WORK ON IT? I - Introduction Housekeeping. Community Development Services (CDS) 2 - Land Use * Housekeeping including preparing a new capacity CDS & Geographic analysis.* Information Systems (GIS) 3 - Transportation* Update to Chapter. Based on current Model Public Works. Update, develop the 2020 Year forecast and identify new projects based on this forecast. * Make changes to be consistent with the 2001 Updated Metropolitan Transportation Plan (MTP). * Propose amendments to comply with HB 1489 (Level-of-Service Bill). * 4 4 - Economic Housekeeping, including incorporating data from CDS Development the Market Analysis. 5 - Housing* Housekeeping. This chapter has not been updated Human Services. since 1995. 6 - Capital Facilities Housekeeping. Parks, Surface Water Management, Traffic, Finance, Lakehaven Utility District, School District, Fire District 7 - City Center* The 2020 Trafgqc Forecast, to be included in Undecided. The traffic- Chapter 3, may identify additional improvements related portions will be done for City Center. Also, timing of the Planned by the Traffic Division. Action SEPA for the City Center may require amendments to this chapter. 8 - Potential Annexation This may involve extensive amendments CDS Areas* depending on timing of the Phase II PAA Study (Implementation phase) 9 -Natural This may involve extensive amendments ESA and streams- Public Environment* depending on what is done on the Endangered Works & CDS. Public Works Species Act (ESA), and code amendments relating is requesting $30,000 as part to streams, geologically hazardous areas and of the proposed budget for Wellhead. * amendments to this chapter. Geologically Hazardous Areas - Consultant. Wellhead- CDS and Lakehaven 10 - Private Utilities* Housekeeping amendments. This chapter has not CDS been updated since 1995. Updating the chapter will require coordinating with providers of private utilities. 4 Please see attached April 26, 2000 Correspondence from Puget Sound Regional Council. 5 The 2001 comprehensive plan process will not be held up if these items are not funded or, if funded, not completed when respective chapters are being updated. 6 The Phase II PAA Study, if done, will have an impact on the entire comprehensive plan, as each chapter would cover the PAA as well as the city limits. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 5 December 4, 2000 V. CONSULTANT MONIES AVAILABLE At the beginning of this calendar year (2000), there was a total of $87,000 ($50,000 budgeted and $37,000 carry-over) for consulting work. We received an additional $10,767 from Suburban Cities for work completed in 1999 on the Buildable Lands Program for a total of $97,767. Approximately $39,000 will be expended by the end of the year, leaving $58,000 for carry-over to 2001. VI. REQUEST FOR PRIORITIZATION Based on past experience, planning staff's time is expected to be spent on the annual comprehensive plan update process, working with the consultant on code amendments, and completing those long range tasks required by state law (please refer to Annual Repons in Section IV of this memorandum). When the Sensitive Areas Code amendment was being prepared, the City committed to the State that we would also undertake a code amendment to address streams. In addition, it is unclear when the State will provide further clarification on the Endangered Species Act (ESA), and at that time whether it would become a state-mandated priority for local jurisdictions. The total cost for the Sensitive Areas Code Amendment, which addressed only wetlands, was $50,000, including $38,000 for consulting costs. With approximately $58,000 in carry-over funds for 2001 and a number of potential new work items, staff is requesting assistance from the LUTC with prioritizing the Planning Commission and Long Range Division Work Program for 2001. The following lists all potential work program items, including those mandated by state law. List of New Planning Commission Work Items? 1. Wellhead Protection 2. Transportation Impact Fee 3. Annexation/Development Agreement. 4. Height Requirements for City Center 5. Group Homes Type I 6. Endangered Species Act including Stream-related Amendments 7. 2001 Comprehensive Plan Update (Five-year Update) 8. Phase II Potential Annexation Area Study 9. Planned Action SEPA for City Center 10. Implementation of HB 2505 - Property Tax Abatement for Multiple Family Housing. 11. Geologically Hazardous Areas Amendment 12. Miscellaneous Code Amendments. 7 Carry-over items, that are in process (under review by staff) but have not yet been considered by the Planning Commission (See Section Il - Status of 2000 Planning Commission Work Program, have not been listed here. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 6 December 4, 2000 Other Long Range Planning Responsibilities 1. Office of Financial Management Yearly Population Estimate Report. 2. King County Benchmark and Annual Growth Information Report. 3. Annual Buildable Lands Report Non-Planning Commission Code Amendments Changes to FWCC, Chapter 18, Environmental Policy VII. SUMMARY OF ALL POTENTIAL 2001 PLANNING COMMISSION AND LONG RANGE PLANNING DIVISION WORK ITEMS The following Table I lists all potential work items for the Planning Commission and the Long Range Division in 2001. Shaded items are those items that are State mandated or are already in progress, either having gone to the Planning Commission or scheduled to be presented to them in the near future. We are, therefore, not requesting prioritization of these items. In addition, there are two items - Crime Prevention through Environmental Design and Cluster Subdivisions -- that will not be on the Planning Commission's Work Program next year, however, they have been included in the table because Council has not yet adopted them. An asterisk marks these two items. I:L2000 Code Amendments\112000 Status of Planning Commission Work Program to LLITC.doc/I 1/29/00 1:41 PM Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 7 December 4, 2000 TABLE 1 Summary of all Potential 2001 Planning Commission and 2001 Long Range Planning Program Items DESCRIPTION STATUS WHO IS DOING THE REQUIRED BY LAW? WORK Items In Progress ~ 2000 COmprehensive P!~ ~P~ate : : To P!armhigc~mmissio~ March' 20~1~ . Mi~ee!t~% Cbde ~end~n~ ~hase ~I Public P~ks Text Amendment : To P-!~g C~mmigsi~1 Ma~ro Sult~g D~ensional St~d~ds Text Amendments T0 CO~issionF 200I Cluster SUbdivisions* :: I Car~-over Transpo~ation Impact Fee Depends on Completion of Transpo~ation Model Consulmt No Annexation/Development Agreement Consult~t selected Consuk~t No Height Requkements for Ci~ Center On hold for Plied Action SEPA for Ci~ Center In-house Staff No Group Homes Type I Consult~t selected Consulmt No En.d~gered SPeCies~Ct inc!uding S~em~e!ated : :~t~g ~n clahfication ~om State:; : Potential New Wor~ Ite~ Ph~e II Potential A~exation Area S~dy Proposed in budget No Plied Action SEPA for Ci~ Center ~oposed in budget No Implemen~tion of HB 2505 - Prope~ T~ Not discussed previously~eeds to be prioritized No Abatement for Multiple Fmily Hous~g. Geologically H~dous Areas Amendment Not discussed previously~eeds to be prioritized No Miscell~eous Code Amen~ents On-going In-house Staff No Other T~s ~ua~ Rep~ t~O~eof:F~:ancial Management on~go~g:: Non-Planning Comm~sion Code Amendmen~ Ch~ges to FWCC, Chapter 18 No fomal work done; Ci~ is following State Law In-house Staff No, however, it is advisable to when processing applications have local regulations confom to State Law STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 906 Columbia St. SW · PO Box 48300 · Olympia, Washing, ton 98504-8300 · (360) 753-2200 August 19, 1999 The Honorable Ron Gintz Mayor, City of Federal Way 33530 First Way South Federal Way, Washington 98003 Dear Mayor Gintz: Thank you for sending us the draft Environmentally Sensitive Areas regulations'proposed for the City of Federal Way. We recognize the substantial investment of time, energy and resources this document represents. This letter summarizes our comments on your draft ordinance. We have included the comments from the Washington Department of Ecology (Ecology) with regard to the City of Federal Way's draft Environmentally Sensitive Areas regulations into this letter. Although the Department of Community, Trade and Economic Development (CTED) coordinates the review of comprehensive plans and development regulations, we rely on the advice of other agencies on some issues, especially in the review of critical area regulations. Ecology is a good source of advice on how to include best available science in developing policies and regulations to protect the functions and values of critical areas as required by RCW 36.70A172(1). We especially like the following: DIVISION 7. REGULATED WETLANDS Section 22-1356(c). Drainage Facilities · We concur with Ecology that the language in this section is well written in determining whether specifically stated drainage facilities "...which were designed to impound or convey water for an engineered purpose..." are not considered regulated wetlands provided these facilities meet a set of detailed criteria listed in this section. Section 22-1357. Wetland Classifications and Standard Buffers · CTED and Ecology commend the City for the proposed buffer widths. The ordinance provides that category I and II wetlands shall have a standard buffer width of 200 and 100 feet respectively. We encourage adoption of these standards. RECEIVED-BY ~MI,~TY ~EVF!.ODIvIENT r3EPART~EN7 : .Ug 2, 1999 e.~.~ The Honorable Ron Gintz August 19, 1999 Page 2 Section 22-1357.5. Modification of Standard Wetland Buffer · The ordinance requires an applicant to demonstrate to the satisfaction of the City that proposed buffer averaging would meet certain criteria. These criteria include, but are not limited to, nd effect on the water quality entering a wetland or stream, no adverse effect on a habitat area within a sensitive area or buffer, and no creation of unstable earth or erosion hazards. Section 22-1358(e)(1). Mitigation Plan · Th.e City requires mitigation plans to contain the following element, s: environmental goals and objectives, performance standards, detailed construction plans, timing, a monitoring for a minimum of five years, a contingency plan, and performance bonding in an amount of 120 percent of the costs of implementing each of the above elements. We have noted a few concerns, which We recommend you address. They are as follows: Chapter 22 Section 22-1. Definitions · The ordinance states regulated wetlands shall mean those areas greater than 2,500 square feet. Establishing a minimum size for regulating wetlands may be appropriate for the lower value wetlands, but size alone is not a relevant factor in the determination of a wetlands functions and values. We recommend there be no minimum size exemptions for Class I an~l II wetlands, but that 2,500 square feet may be appropriate for Class III and IV wetlands only. Accordingly, we concur with Ecology's recommendation that you delete the exemption from the City's wetland regulations of "areas defined as a regulated lake" and "Lower Puget Sound I and 51." Ecology notes that vegetated wetlands occur along the shoreline edge of lakes and require protection under the Shoreline Management Act . (SMA). Similarly, vegetated wetlands along Puget Sound's near shore are critical habitat for Chinook salmon and should not be exempted by the City from protection under the City's critical area ordinance. · The City's classification of streams into three categories: streams, major stream and minor stream may create some regulatory confusion. Most jurisdictions apply the Washington Department of Natural Resources' (DNR) Forest Practice Board's water typing system for classification of stream types (WAC 222-16-O30). The ordinance provides that for 'major streams" where a natural permanent blockage precludes the upstream movement of anadromous fish shall be regulated to a lesser buffer standard or 50 feet, and that these streams be categorized as a 'stream." With this provision, you do not anticipate natural or man-made improvements and' restoration of the upland "major" stream to a normal flow pattern. By not regulating The Honorable Ron Gintz August 19, 1999 Page 3 land use for currently blocked streams to the higher protective standard provided for "fish habitat," you would potentially adversely impact the stream's function for water quality, sediment control, temperature and other habitat needs for anadromous fish. The City may want to consider omitting this language from the ordinance. DIVISION 1. GENERALLY Section ;22-12:23. Jurisdiction · Ecology notes that the code applies to subject properties depending on the distance from the regulated feature. You may consider increasing the distance 'trigger" to ensure that adequate buffers are protected. For example, (5) states the code applies if a subject property is within 25 feet of any regulated lake. There may be a situation in the City where a wetland associated with a lake extends the boundary of the wetland more than 25 feet from the edge of the lake. A similar situation may arise when a 200-foot buffer is required on a Class 1 wetland, but the property is outside the 100- foot limit as stated in (6) under Sec 22-1223. Section 22-1244(c)(1). Reasonable Use of the Subject Property · The ordinance allows for an applicant to apply for a modification or waiver from the provisions of this article on a case by case basis based on criteria listed. Language in the following criteria should be changed, which currently reads: "The application of the provisions of this article eliminates any profitable use of the subject property" [emphasis added]. We recommend changing "any profitable" to "all reasonable" to be consistent with current case law on constitutional takings. Otherwise, the property owner could argue that any proposed use is a profitable use. We understand that during, the original development of this ordinance the City had been looking at wetland issues only. Further, we also understand the City had been conducting a wetland inventory and has not yet conducted a stream inventory but plans to in the future. We have the following comments on issues that should be addressed when you amend your Sensitive Areas ordinance to include all pertinent components of a critical areas ordinance consistent with RCW 36.70A.030(5). DIVISION 4. GEOLOGICALLY HAZARDOUS AREAS DEVELOPMENT · This section of the ordinance offers some good methods for regulating uses within the geologically hazardous areas. The comprehensive plan also provides some good policy direction to be met by the development regulations. The ordinance could be strengthened by providing better integration of comprehensive plan policies with development regulations. Comprehensive plan Policies NEP 46, 47, 48, 49, 50, 51, 52 and 53 should guide these regulations. For example, Policy NEP 51 states that, "the C!.ty should develop special regulations that address construction on or near marine bluffs of Puget Sound. Regulations should take into consideration landslide potential, drainage and vegetation The Honorable Ron Gintz August 19, 1999 Page 4 removal." Policy NEP52 further states, "proposals for development on or near marine bluffs should substantiate, either through design or adherence to special development regulations, that the development has less than a 25 percentage chance of failing by collapsing, or becoming dangerous and/or uninhabitable due to slope movement within a 50 year time period." Knowledge of the types of soils, the degree of slope, and the general size and depth of the landslide feature is needed to establish a threshold distance by which a development permit is required. Of concern is the 25-footdistance on or within the area where development activities are proposed to occur. This may be an appropriate distance for some geological areas, but not enough for others. Since slope tops · recede, property owners should not build to the edge of the slope (e.g. within 25 feet). An appropriate sized buffer zone should be established from the edge of slope to protect both structures and slope integrity. Additional drainage requirements may be necessary to ensure stability. The recommended dimensions of the buffer zone should be determined by the geotechnical analysis conducted by a qualified expert. DIVISION 5. STREAMS Section 22-1311. Rehabilitation · This section provides the director of Community Development Services with the discretion to require or not require an applicant to retain the services of a qualified professional in preparing the restoration plan. The ordinance should list criteria applicable in making this determination by the director. We would suggest that the "may" be changed to "shall" to ensure stream rehabilitation projects are designed, . implemented and monitored using professional guidance. In addition, Ecology has noted this section references maintenance of "inappropriate vegetation." The City may want to provide a list of species it deems to be "appropriate." · The stream buffer widths should be increased to provide optimum benefits. The City is' currently proposing 100' buffers for "major streams" and 50' for "minor streams" from "the top of each bank of a major/minor stream." Stream buffers need to be based on stream type and width and should be delineated from the ordinary high water mark. The Washington Department of Fish and Wildlife (WDFW) has conducted an exhaustive review of the scientific literature regarding the protection measures necessary to preserve or enhance anadromous fisheries and wildlife habitat and believes the Priority Habitat Species Management Recommendations for Riparian Areas represents best available science. These recommendations include the following stream classifications and their recommended buffer widths for rivers and streams in western Washington: Type 1 and 2 ............................. : .................................... 250 feet Type 3 (5-20 feet wide) ................................................... 200 feet Type 3 (less than 5 feet wide) ..........................................150 feet ] ype 4 and 5 (Iow potential for erosion or slope failure) ....... 150 feet The t4onorable Ron Gintz August 19, 1999 Page 5 Type 4 and 5 (high potential for erosion of slope failure)...225 feet Larger buffer areas may be required where priority species occur. We realize that it may not be possible to require buffers of these widths in all cases; however, these standards can be applied on a case-by-case basis based upon site- specific and watershed system information, such as identified fish and wildlife habitat biological needs, site topography, hydrology and other factors. DIVISION 8. REGULATED WELLHEADS · Federal Way's comprehensive plan clearly identifies areas susceptible to ground water contamination (Policies NEP 10, 11, 12and 13). Upon completion of a wellhead protection program, the City should have corresponding development regulations to ensure these areas are protected. We have the following suggestions to strengthen your ordinance: Section 22-1309. Culverts · The City may want to consider adding the following language: "The city will use a stream conveyance system, which must have natural stream bed materials in the bottom to replicate habitat conditions in the natural stream channel. The preferred conveyance facility is a bottomless arch culvert." Further, "if a artificial bottom culvert is used, the city recommends an elliptical culvert due to the wider channel bottom." The City may also want to consider indicating in the ordinance that it retains the option to consider the use of new water crossing technologies as they emerge. DIVISION 6. REGULATED LAKES · We agree with Ecology that the ordinance should list which lakes are "regulated" as there are not that many lakes in the City. We were unable to locate any linkage to the City's Shoreline Master Program. The ordinance should provide this reference for consistency. We have also reviewed the comments provided to you by WDFW and encourage the City to give consideration to WDFW's recommendations. Congratulations to you and your staff for the good work your draft revisions embody. If you have any questions or concerns about our comments or any other growth management issues, please call me at (360) 753-2951, Ike Nwankwo at (360) 586-9118 or Chris Parsons at (360) 664-8809. Additionally, Ecology has expressed its willingness to work with Federal Way a0d provide technical assistance regarding sensitive areas. Please contact Erik C. Stockdale senior wetlands specialist for Ecology's Bellevue office at (425) 649-7061 The Honorable Ron Gintz August 19, 1999 Page 6 We extend our continued support to the City of Federal Way in achieving the goals of growth manage~nent. Sincerely, Growtki Management PI Growth Management Program MJN:Iw cc: Kathy McClung, Deputy Director, Community Development Services E'rik C. Stockdale, Washington Department of Ecology Millard S. Deusen, Washington Department of Fish and Wildlife Don Nauer, Washington Department of Fish and Wildlife HOUSE BILL REPORT HB 2505 As Passed Legislature Title: An act relating to the definition of "city" for the multiple-unit dwellings property tax exemption. Brief Description: Modifying the definition of "city" for the multiple-unit dwellings property tax exemption. Sponsors: Representatives Cairnes, Veloria, O'Brien, Morris, Radcliff, Scott, Barlean, Esser, Kagi, Keiser, Fortunato, Schual-Berke, Edwards and Miloscia. Brief History: Committee Activity: Finance: 1/25/00, 2/1/00 [DP]. Floor Activity: Passed House: 2/11/00, $$-$. Passed Senate: 3/3/00, 46-2. Passed Legislature. Brief Summary of Bill Expands the areas included in the 10-year property tax exemption for multiple-unit housing projects by lowering the eligible city population threshold from 100,000 to 50,000. HOUSE COMMITTEE ON FINANCE Majority Report: Do pass. Signed by 8 members: Representatives Dunshee, Democratic Co-Chair; Thomas, Republican Co-Chair; Cairnes, Republican Vice Chair; Conway; Dickerson; Pennington; Santos and Veloria. Minority Report: Do not pass. Signed by 4 members: Representatives Reardon, Democratic Vice Chair; Carrell; Cox and Van Luven. Staff: Rick Pctcrson (786-7150). Ilouse Bill Report - ! liB 2505 Background: New, rehabilitated, or converted multiple-unit housing projects in targeted residential areas are eligible for a 10-year property tax exemption program. The property tax exemption applies to the increased value of the building made after the application for the tax exemption. The exemption does not apply to the land or the nonhousing related improvements. The property tax exemption program is limited to cities with a population of at least 100,000, and the largest city or town within a county planning under the Growth Management Act. A targeted residential area must be located within an urban center, lack sufficient available, desirable, and convenient residential housing to meet public demand, and increase permanent residents in the area or achieve the planning goals of the Growth Management Act. The city is authorized to establish standards and guidelines for approving tax exemption applications by developers. Summary of Bill: The population threshold for cities that are eligible for the 10-year property tax exemption program for new, rehabilitated, or converted multiple-unit housing is lowered from 100,000 to 50,000. Appropriation: None. Fiscal Note: Available. Effective Date: Ninety days after adjournment of session in which bill is passed. Testimony For: This program is working in the cities allowed to use the 10-year property tax exemption. This program creates opportunities to develop multi-family housing in areas where development is not occurring. This program will help cities accommodate the increased densities called for by the Growth Management Act. Testimony Against: None. Testified: Representative Jack Cairnes, prime sponsor; Doug Levy and Tim Clark, city of Kent; and Trent Matson, Building Industry Association of Washington. House Bill Report - 2 - HB 2505 - Puget Sound Regional Council April 26, 2~ ~¢ ~, 2gg9 ~ ~ck Perez Ci~ of Feder~' Way 33530 1st Wy S F~er~ Way, WA 98~3 Subj~t: Remi~er - December 31, 2000 De,line Reg~ding Compli~ce with New (1998) Growth M~agement Act R~uiremen~ for Tr~spo~ation Elemen~ of ~c~ Comprehensive Pl~s Dear Mr. Perez: In 1998, the Washington State Legislature enacted the "Level-of-Service Bill" (House Bill 1487) which amended of the Growth Management Act (GMA). This letter draws particular attention to city and county local plan requirements under RCW 36.70A. The amendments to the GMA were intended to clarify and distinguish local, regional and state responsibilities for monitoring transportation system performance and addressing system needs and deficiencies. These amendments require local jurisdictions planning under the GMA to include additional detail (summarized further below) regarding state-owned transportation facilities in the transportation element of their comprehensive plans. This letter serves as a reminder about this year's December 31, 2000, deadline to either amend the local transportation element of your comprehensive plan to address these additional requirements, or, if you feel your plan may already comply with these requirements, please provide the Regional Council with a brief assessment of how you have determined that your plan may already be in compliance so we may review and, hopefully, concur and report such under our GMA plan certification responsibilities. The additional local transpo.rtation element requirements can be summarized as needing to include the following two key provisions; 1. Inventory & LOS for State.owned Facilities: An inventory of state-owned transportation facilities (all modes) that are located within your jurisdictional boundaries, with specific identification of state-established Level of Service (LOS) standards for state highway facilities. This should include text, a map, and one or more descriptive data tables identifying state highway facilities and related state-established LOS standards for state highways within your jUrisdiction. Note: Until the Washington State Transportation Plan (WTP) is updated -- presently scheduled for the end of 2001 -- the current adopted state LOS for state highways is LOS 'C" for state highways in rural areas. For state highways in urban areas, LOS "D-mitigated" is the current standard when current or projected peak period LOS for traffic congestion falls below LOS 'D." 1011 Weslem A~,Je. Suite 500. Seottle. WashinC. m ~104-1035 ,, (206) 464-/0q0. fAX ~7-48~S ~ Mr. Perez Page 2 April 26, 2000 2. Estitnate of Traffic Impacts & Needs on State Highway Facilities: Provide a descriptive estimate of how your jurisdiction's projected growth may impact the above identified traffic LOS on state-owned highway facilities within your jurisdiction. This should involve a local modeling estimate which identifies how your plan's land use and growth projections may impact state-established LOS on Highways of Statewide Significance (HSS) within your jurisdictional area. These estimates should be documented in a table which also includes consistent recognition in your plan of the state highway needs previously identified by WSDOT in its Highway System Plan (HSP). For information on the WSDOT's Highway System Pla~., Highways of Statewide Significance, and projected facility "needs" on state highways within your jurisdiction, please contact Mr. C ,hris Picard at the WSDOT's Office of Urban Mobility at 206/464-5420. (Note: clarifications in the 1998 GMA amendments exempted trattSportation facilities and services of statewide significance in our region from local concurrency requirements. It further determined that the nine categories of statewidefacilities ofstatewide significance are to be essential public facilities as defined under the GMA. One category, Highways of Statewide Significance (HSS), has already been designated by the Transportation Commission and the Legislature; current efforts to update the WTP and the region's Metropolitan Transportation Plan (MTP) , in 2001 will clarify and define the extent of the other eight categories of facilities and services of statewide significance. Please see the enclosed brochure for further definition and explanation of facilities and services of statewide significance). Within the central Puget Sound region, jurisdictions are encouraged to contact the WSDOT's Office of Urban Mobility for information on transportation facilities of statewide significance and the established LOS standards. If your jurisdiction uses a process to set level-of-service standards that differs from the approach used by the state, you are encouraged to cite the state standards and then briefly state the compatibility of your jurisdiction's level-of-service methodology. You should also reference in your comprehensive plan that state facilities were factored into your modeling. The Puget Sound Regional Council must begin certifying that jurisdictions have met these requirements for all future comprehensive plan amendments that are submitted after the December 31, 2000, deadline. If these requiremenLs are not met, it could result in a change in ajurisdiction's certification status. As a reminder, all cities and counties must maintain a certified transportation element in their comprehensive plans to be eligible to apply for funding through the Regional Transportation Improvement Program (TIP). Mr. Perez Page 3 April 26, 2000 Please let us know if we can be of assistance as you address these additional growth management requirements. If you have questions about the "Level-of-Service Bill" please contact Kevin Murphy at (206) 464-6411 or by e-mail at kmurphy@psrc, org. If you have questions about the Regional Council's plan review and certification work, please contact Rocky Piro at (206) 464-6360 or by e-mail at rpiro@psrc, org. To contact the WSDOT's Office of Urban Mobility, please contact Chris Picard at (206) 464-5420. Thank you. Sincerely, man, Director Transportation and Growth Planning cc: Margaret Clark, Senior Planner Stephen Clifton, Director of Community Development Cary Roe, Director of Public Works Enclosure: Copy of Brochure - Coordinating Transportation and Growth Management Planning: Background and Information Guide X:~'Gb~fAFF~HEILA\1487 Let~er.wpd CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: PCCI Janitorial Contract CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ 22,564.00 ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Council Committee action form dated December 5, 2000. SUMMARY/BACKGROUND: Professional Commercial Cleaning, Inc. (PCCI) has been servicing the City Hall building for one year. Staff recommends extending their contract for an additional year at the same annual cost of $22,564.00. Funds for this contract are budgeted in the Building Fund. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to forward to full Council on December 19, 2000, approval of the PCCI Janitorial Contract amendment in the amount of $22,564.00 for a one-year term. CITY MANAGER RECOMMENDATION: Motion to approve the $22,565.00 PCCI Janitorial Contract Amendment for a one-year term. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # l:\pcci - 12/12/00 I~E~ ~oH CITY OF FEDERAL WAY CITY COUNCIL Parks, Recreation, Human Services & Public Safety Council Committee Date: December 6, .2000 From: Steve Ikerd, PropeLty Services Manager : Via: David Mos~-~~nager Subject: PCCI Janitoriai~Contract Background: Professional Commercial Cleaning, Inc. (PCCI) has been servicing the ~ity Hall building for one year. Staff recommends extending their contract for an additional year at the same annual cost of $22,564.00. Funds for this contract are budgeted in the Building Fund. Committee Recommendation Motion to forward to full Council on December 19, 2000, approval of the PCCI Janitorial Contract amendment in the amount of $22,564.00 for a one-year term. I:PC PCCI DRAFT TO MAINTENANCE/LABOR AGREEMENT FOR JANITORIAL MAINTENANCE SERVICES This First Amendment ("Amendment") is dated effective this 1st day of January 2001, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Professional Commercial Cleaning, Inc., a Washington corporation Contractor"). A. The City and Contractor entered into a Professional Services Agreement dated effective January 1, 2000 whereby Contractor agreed to provide janitorial maintenance services ("Agreement"). B. Section 14.2 Modification of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. The City and the Contractor desire to amend the Agreement to continue the Services described in Section 1 of the Agreement by extending the term of the Agreement, and increasing the compensation paid to the Contractor. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Term. Section 2 of the Agreement shall be amended to extend the term of the Agreement until December 31, 2001. 2. Compensation. In consideration of Contractor continuing to provide the Services described in Section 1 of the Agreement during the extended term of the Agreement, Section 4.1 shall be amended to increase the compensation paid to the Contractor by an additional amount not to exceed Twenty-two Thousand Five Hundred Sixty-four and no/100 Dollars ($22,564.00). The total amount payable to Contractor pursuant to the original Agreement and this First Amendment shall be an amount not to exceed Forty-five Thousand One Hundred Twenty-Eight and no/100 Dollars ($45,128.00). 3. Full Force and Effect. Ail other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. Bye: David H. Moseley Its City Manager 33530 1st Way South Federal Way, Washington 98003 ATTEST: City Clerk, N. Christine Green, CMC - 2 - APPROVED AS TO FORM: Bob ~. Sterbank, City Attorney PROFESSIONAL COMMERCIAL CLEANING, INC. By: Jerry Purdum Its: President 30245 148th SE Kent, WA 98042 (253) 639-2900 I :pcci.mtc 12/5/2000 (sf/Parks) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: I-5 / SR18 / SR161 Design Analysis and Study CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER Washington State Department of Transportation (WSDOT) dated September 21, 2000 SUMMARY/BACKGROUND: Since its incorporation, the City of Federal Way has been concerned with the intensity of traffic congestion and associated safety issues in the vicinity of the I-5 / SR18 interchange, which continues to have high levels of congestion and collisions despite several improvements to the intersection at SRI 8 and SR161. In the Federal Way Comprehensive Plan, the City proposed constructing an interchange on I-5 at SR161 to reduce congestion at the intersection of SR18 and SRI61. The Washington State Department of Transportation (WSDOT) has consistently identified several parts of the I-5 / SR18 interchange as High Accident Locations and now proposes to contract a study to identify potential long-term solutions. WSDOT is seeking funds from stakeholder agencies, including King County and the City of Milton, and is requesting $50,000 from the City of Federal Way, as well as staff participation in this Design Analysis and Traffic Study. The study is expected ~'~ be completed by December 2001 and is intended to identify improvements and their associated costs to improve safety and .pacity in the vicinity of the I-5 / SR18 interchange, including the intersection of SR18 and SR161. This study will also provide a basis to pursue future funding for environmental reviews, design, and construction of these improvements. Staff proposes that the $50,000 be funded from any remaining balance from the 2000 Public Works Operations budget, and/or from the City Manager's Contingency Fund. The specific project scope, schedule, and staff level of participation will be negotiated as part of an interlocal agreement. CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 20, 2000 meeting the Land Use and Transportation Committee recommended placing the following items on the December 19 Council Consent Agenda: 1. Authorize the City Manager to execute an interlocal agreement with WSDOT to participate in the I-5 / SR18 / SR 161 Design Analysis and Traffic Study; 2. Authorize providing $50,000 for this study from any remaining balance from the 2000 Public Works Operations budget, and/or from the City Manager's Contingency Fund. CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to execute an interlocal agreement with WSDOT to participate in the I-5 / SR18 / SRI61 Design Analysis and Traffic Study; and to authorize providing $50,000 for this study from any remaining balance from the 2000 Public Works Operations budget, and/or from the City Manager's APPROVED FOR INCLUSION IN COUNCIL PACKET: /~ ~V ~ ................................................................................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading __TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # k:\council\agdbills~2000\triangle study.doc RESOLUTION # CITY OF ~ DATE: November 15, 2000 TO: Phil Watkins, Chair Land Use and Transportation Committee FROM: Rick Perez, Traffic Engineer ~ VIA: David Mo~~ager SUBJECT: I-5/SR 18/SR161 Design Analysis and Study BACKGROUND Since its incorporation, the City of Federal Way has been concerned with the intensity of traffic congestionand associatedsafety issues in the vicinity of the I-5 / SR18 interchange, which continues to have high levels of congestion and collisions despite several improvements to the intersection at SRI 8 and SRI61. In the Federal Way Comprehensive Plan, the City proposed constructing an interchange on I-5 at SR161 to reduce congestion at the intersection of SR 18 and SR 161. The Washington State Department of Transportation (WSDOT) has consistently identified several parts of the I-5 / SR18 interchange as High Accident Locations. A study to identify potential solutions to these concerns was originally funded as a result of the passage of Referendum 49, but funding was cut as a result of Initiative 695 shortly after WSDOT had selected a consultant team. WSDOT has been able to restore the majority of funds necessary to contract the study and is now seeking t' balance of funds from stakeholder agencies, including King County, the City of Milton, and the City of Federal Way. · PROPOSAL As outlined in the attached letter, WSDOT is requesting $50,000 from the City, as Well as staff participation in this Design Analysis and Traffic Study. King County has been asked to provide $20,000, and the City of Milton has been asked to provide $5,000. The study is expected to be completed by December 2001 and is intended to identify improvementsand their associated costs to improve safety and capacity in the vicinity of the I-5 / SR18 interchange, including the intersection of SR 18 and SRI 61. This study will also provide a basis to pursue future funding for environmental reviews, design, and construction of these improvements. Staff anticipates full and intense participation will be required in order to assure a recommendation that the City can support, similar in magnitude to that of siting the Sound Transit Park-and-Ride Lot and Transit Center in the City Center. Staff proposes that the $50,000 be funded from any remaining balance from the 2000 Public Works Operations budget, and/or from the City Manager's Contingency Fund. The specific project scope, schedule, and staff level of participation will be negotiated as part of an interlocal agreement. RECOMMENDATION Staff recommends placing the following item on the December 4, 2000 Council Consent Agenda: 1. Authorize the City Manager to execute an interiocal agreement with WSDOT to participate in the I-5/SR18/SR161 Design Analysis and Traffic Study. 2. Authorize providing $50,000 for this Study from any remainingbalance from the 2000 Public Works Operationsbudget, and/or from the City Manager's Contingency Fund. RECEIVED ~----~ Washington State Northwest; esio.SEP 2 6 2000 Department of Transportation P.O.15700BoxDayton3303 ~e~eI-~r~FEDERAL WAY Sid Morrison Seattle, WA 98 ~.I~J~WORKS OEPARMENT Secretary of Transportalion September 21, 2000 (2o6) 44o-4o0o.~: ~~. Mr. Cary Roe, Public Works Director City of Federal Way 33530 1st Way South Federal Way, WA 98003-6210 Re: 1 5/SR 18/SR 161: Design Analysis and Traffic Study Dear Mr.2R~, This letter is to request $50,000 from the City of Federal Way for the partial funding of a study that will evaluate ways of improving traffic in the area surrounding the interchanges and intersections between Interstate 5, State Route 18 and State Route 161. Since the elements to be evaluated and the outcome of the study will affect the cities, WSDOT is asking the local governments to participate in funding the study. Our desire · is to have a partnership with the cities of Federal Way and Milton, along with King county to help in developing the scope and participate in its analysis and recommendations. WSDOT is contributing a total of $250,000 to the study. The anticipated purpose of this study is to look at ways of improving traffic circulation, reducing congestion and reducing the number of accidents and the accident severity in the vicinity ofI-5, SR 18 and SR 161 in the Federal Way area. This study has been referred to as the "Triangle" study. Some of the alternatives to be considered in the study include: · SR 18/SR 161 grade separation . ' · Use of SR 18 and 28th.Ave, as a route to Milton/Edgewood area · Partial interchange at SR161/1-5 with connection to 356th St. · Innovative transportation design at all locations, which includes but is not limited to flyovers and urban interchanges. Other major issues which also need to be addressed include known constraints such as the proximity of Hylebos Creek to the interchange and the close proximity of the truck scales and rest areas to SR 18/I-5 interchange. We are anticipating for the design analysis and study to begin on December 2000 and be completed on December 2001. I-5/SR 18/SR 161 9/21/2000 Page 2 Please feel free to contact me at (206) 440-4774, if you have further questions regarding the interchange study. Sincerely, Craig J. Stone, P.E. Area Administrator z- South King MS:ms CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: ENCHANTED PARKS RIGHT-OF-WAY LEASE CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ __HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Draft Lease, Draft General Terms and Conditions, December 6, 2000 Memorandum from Bob C. Sterbank to Finance Economic Development and Regional Affairs Committee. SUMMARY/BACKGROUND: Enchanted Parks has'requested to lease a certain portion of the Milton Road South fight-of-way owned by the City of Federal Way. A portion of Enchanted Parks' existing parking lot, and landscaping improvements, are located within the City's fight-of-way. Enchanted Parks previously leased this property from King County, and the City acquired the Milton Road fight-of-way in 1998 when it annexed the Enchanted Parks property. The majority of the Enchanted Parks improvements are located outside of the area that the City would need to construct sidewalks and other improvements to meet the street section requirements set out in the Comprehensive Plan for Milton Road South. Enchanted Parks desires to execute a lease with the City, similar to its previous lease with King County. The basic terms of the proposed lease are set out in the attached December 6, 2000 memorandum from the City Attorney to the FEDRAC. A copy of the draft Lease and accompanying General Terms and Conditions are also attached. CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC approved forwarding proposed lease and general terms and conditions to full Council for approval. CITY MANAGER RECOMMENDATION: Motion to authorize City Manager to execute the proposed lease and general terms and conditions. APPROVED FOR INCLUSION IN COUNCIL PACKET..~ ~...~~ (BELOW TO BE COMPLETED BY CIlag'CLERK'S OFFICE) COUNCIL ACTION: COUNCIL BILL # APPROVED 1st Reading DENIED Enactment Reading TABLED/DEFERRED/NO ACTION ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: December 6, 2000 To: Finance, Economic. Development and Regional Affairs Committee From: Bob C. Sterb~a~ty Attorney Via: David Moseley, City Manager Subject: Proposed Lease for Enchanted Parks Parking Lot and Landscaping-Milton Road South Background: Enchanted Parks has requested a lease of a certain portion of the Milton Road South right-of-way owned by the City of Federal Way. A portion of Enchanted Parks' existing parking lot, and landscaping improvements, are located within the City's right-of-way. Enchanted Parks previously leased this property from King County, and thc City acquired the Milton Road right- of-way in 1998 when it annexed thc Enchanted Parks property. Thc majority of the Enchanted Parks improvements are located outside of the area that the City would need to construct sidewalks and other improvements to meet the street section requirements set out in the Comprehensive Plan for Milton Road South. Enchanted Parks desires to execute a lease with the City, similar to its previous lease with King County. The basic terms of the proposed lease are as follows: 1. Use. The lease would Enchanted Parks to use thc property only for perimeter landscaping, its existing signs, and its existing parking facility. Any other use would require prior written consent from the City. 2. Consideration Enchanted Parks will pay the City rent, in an annual lump sum based on $.00647 per square foot per month. This is based on a year 2000 CPI adjustment of the rent that Enchanted Parks paid King County prior to annexation. In addition to the rent, Enchanted Parks will pay back rent in the amount of $11,883.82, dating approximately from the date of annexation (March 3, 1998) until the proposed lease date (January 1, 2001). 3. Insurance Enchanted Parks will maintain insurance of $2 Million combined single limit, $5 Million in the aggregate, for both commercial general liability and automobile insurance. 4. Term The term of the lease.will be three years, with annual renewal terms at the discretion of the City. 5. Termination The proposed lease permits the City to terminate the lease on 30 days notice if all or any portion of the leased premises are needed for or to facilitate right-of-way improvements. The lease will also be terminated as to any portions of the right-of-way vacated by the City under the street vacation provisions of the City code. The lease calls for Enchanted Parks to submit a petition for vacation of the portion outside the area needed for future right-of-way improvements, within six (6) months of the date of the lease. Committee Recommendation: Staff requests that the committee forward the proposed lease to the full City Council, with a "do pass" recommendation. APPROVAL By CO~TTEE: Committee Meraber Committee Member K:\telecom\fedracenchpks 1123.doc DRAFT I~.-I~- LEASE AGREEMENT 1. PARTIES. THIS LEASE dated the 1st day of January, 2001, is between the CITY OF FEDERAL WAY, a non-charter optional municipal code city organized and existing under the laws of the State of Washington, Lessor ("City"), and ENCHANTED PARKS, INC., a Washington corporation ("Lessee"). 2. PREMISES. The City hereby leases to Lessee, upon the following terms and conditions, the premises ("Premises") located in the City of Federal Way, King County, Washington. The Premises are comprised of approximately 83,489 square feet, and are legally described as follows: (See EXItIBIT A attached.) The parties acknowledge that the Premises are a portion of the Milton Road South owned by the City and over which the City exercises governmental authority pursuant to, inter alia, RCW 35A.47 and RCW 47.24, and Federal Way City Code ("FWCC") Chapter 13. 3. TERM. This Lease term shall be for three (3) years unless terminated sooner pursuant to Paragraph 10, or other provisions, of this Agreement. Upon the mutual written agreement of the parties, this Lease may be renewed for one (1) year renewal terms. Consent to renewal shall be at the sole discretion of the City. 4. RENT. A. Rental Rate. Lessee shall pay the City an annual rent of .00647 Dollars ($ .00647) per square foot per month per year, for a total of Six thousand, four hundred eighty-two and eight one-hundredths Dollars ($ 6,482.08), payable in advance on or before the first (1 st) day of each year of the Lease term. All rents shall be made payable to City of Federal Way and are to be received at the following address: Director of Management Services City of Federal Way 33530 First Way S. P.O. Box 9718 Federal Way, WA 98063-9718 Lease Agreement Page 1 #128551 15361-4 2r6vOl!.doc 12/12/00 Said rental is exclusive of any sale, franchise, business or occupation, leasehold, or other tax based on rents. Should any such taxes apply during the life of this Lease, the rent shall be increased by such amount. B. Back Rent. On or before the date of this Lease, Lessee shall pay to the City back rent in the amount of .00647 Dollars ($ .00647) per square foot per month, pro rated from March 1, 1998 to January 1, 2001, for a total of $18,365.90. C. Annual Rent Increase. The rent shall be increased each year throughout the term of this Lease, and renewal terms (if any), by the amount of inflation as determined by the Consumer Price Index - Washington. Rent increases pursuant to this paragraph shall commence on the first year following the beginning of the term of this Lease. 4. SECURITY AND DAMAGE DEPOSITS. At the time of the signing of this Lease, the Lessee shall pay the first year's rent. In addition, the Lessee shall deposit with the City the sum of six (6) months' rent as a security deposit for the payment of rent. 5. USE. Lessee shall use said premises for the following purposes and no other without prior written consent of the City: Perimeter landscaping, existing signs, and existing parking facility. 6. GENERAL TERMS AND CONDITIONS. Attached hereto as EXHIBIT B and incorporated herein by reference are "Federal Way General Terms and Conditions," which shall govern the obligations and performance of the parties under this Lease. 7. ENTIRE AGREEMENT - AMENDMENTS. This printed Lease together with the "Terms and Conditions" attached as Exhibit B, and any and all Exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Lease shall be valid or effective unless evidenced by an agreement in writing signed by both parties. Lease Agreement Page 2 #128551 15361-4 2r6vOl!.doc 12/12/00 8. NOTICES. Required notices, except legal notices, shall be given in writing to the following respective address: To The City: City Manager City of Federal Way 33530 First Way South P. O. Box 9718 Federal Way, WA 98063-9718 With a copy to: City Attorney City of Federal Way 33530 First Way South P. O. Box 9718 Federal Way, WA 98063-9718 To Lessee: Enchanted Parks, Inc. 36201 Enchanted Parkway South Federal Way, WA 98003 With a copy to: Jerome L. Hillis Hillis Clark Martin & Peterson, P.S. 500 Galland Building 1221 Second Avenue Seattle, WA 98101-2925 Or to such other respective address as either party hereto may hereafter, from time to time, designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed. 10. TERMINATION A. Maintenance or Modification of City Right-of-Way Improvements. In the event the City desires to undertake any work, including necessary maintenance, modification, or expansion of improvements located or to be located within the Milton Road fight-of-way (including but not limited to that portion of the fight-of- way constituting the Premises) ("City Work"), and such City Work necessitates City use of all or any portion of the Premises, the City may terminate this Lease as to the portion of the Premises necessitated for the City Work. The City shall provide written notice of the termination to Lessee thirty (30) days prior to the termination date, and shall provide Lessee with copies of pertinent portions of the City's plans and/or specifications, if available, so that Lessee may relocate any existing improvements installed by Lessee, if permitted by the City under Paragraph 3.B of the General Terms and Conditions attached as Exhibit B hereto. Any such relocation permitted by the City shall be at Lessee's sole cost and expense. No later than the date identified in the City's written notice of termination, the Lessee shall surrender the Premises, or portion thereof necessitated for Lease Agreement Page 3 //128551 15361-4 2r6vOl!.doc 12/12/00 the City Work, as provided in Paragraph 10 of the General Terms and Conditions attached as Exhibit B hereto. B. Vacation of Right-of-Way. In the event the City vacates all or a portion of the Premises pursuant to the FWCC, this Lease shall be terminated for that portion of the premises vacated. Termination shall be effective upon the effective date of the vacation ordinance adopted under FWCC Section 13-103, as existing or as hereafter amended. C. Default. The City may terminate this Lease in the event of default of Lessee of any of the covenants or agreements contained herein, or contained in the General Terms and Conditions attached hereto as Exhibit B. Termination for default shall be as provided in Paragraph 11 of Exhibit B. 11. VACATION OF RIGHT-OF-WAY. On or before six (6) months from the date of this Lease, Lessee agrees to file with the City a petition for vacation of that portion of the Premises located eastward of the easternmost boundary of improvements required for Milton Road South, as shown in the City of Federal Way Comprehensive Plan, Map II1-7 and Figure III-3 (Cross Section O). Lessee also agrees to diligently pursue vacation of said portion of the Premises by promptly taking all actions necessary therefore, including but not limited to payment of the compensation determined by the City under Section 13-103(5) of the FWCC to be owed for the to-be-vacated portion of the Premises. Lessee shall make such payment within sixty (60) days of the City's determination (under Section 13-102 of the FWCC) to grant the petition for vacation as to that portion of the Premises located. IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the __ day of ., 2000. LESSEE: ENCHANTED PARKS, INC., a Washington corporation By Jeffrey Stock Its President Lease Agreement Page 4 #128551 15361-4 2r6v01!.doc 12/12/00 LESSOR: CITY OF FEDERAL WAY, a Washington municipal corporation By Name David H. Moseley Title City Manager APPROVED AS TO FORM: By Name Bob C. Sterbank Title City Attomey Lease Agreement Page 5 //128551 15361-4 2r6vOl!.doc 12/12/00 EXHIBIT A LEGAL DESCRIPTION [To be prepared by ESM.] Lease Agreement - Legal Description Exhibit A #128551 15361-4 2r6vOl!.doc 12/12/00 EXHIBIT SCALE: 1"-100' s.r. *) DRAFT 1 'Z,,,.-. i Z-~O SPECIAL FORMATTING: Heading styles used with hidden ¶ marks. To update TOC, preview or print, turn off¶ icon. EXHIBIT B CITY OF FEDERAL WAY GENERAL TERMS AND CONDITIONS 1. LATE PAYMENT, TAXES, AND LICENSES. A. LATE PAYMENTS. There will be a late collection charge of twelve percent (12%) of the rent, per annum, for any delinquent rental not delivered to the City of Federal Way (the "City") by the tenth (10th) of the month in which rent is due. B. LICENSE AND TAXES. Lessee shall pay throughout the term of this Lease, all applicable taxes and all license and excise fees covering the business conducted on the premises. C. OTHER CONSIDERATION. No offset, reduction, or credit toward rent shall be allowed unless it is in writing and signed by the City Manager of the City. 2. COMPLIANCE WITH ALL LAWS AND REGULATIONS. In using the premises, Lessee will comply with all applicable laws, ordinances, and regulations of any and all authorities having jurisdiction. Lessee specifically agrees to comply, and pay all costs associated with achieving such compliance, without any notice of requirements from the City, and that the City does not waive this section by giving notice of demand for compliance in any instance. 3. IMPROVEMENTS AND ALTERATIONS. A. Lessee shall make no alterations or improvements to or upon the premises, or install any fixtures (other than trade fixtures which can be removed without injury to the premises) without first obtaining written approval from the City. B. Unless otherwise stipulated, all improvements or alterations existing, erected or made on the premises shall, upon expiration or earlier termination of this Lease, belong to the City without compensation to Lessee, however, the City shall have the option, to be exercised on expiration or earlier termination of the Lease, to require Lessee, at Lessee's expense, to remove any or all such improvements or alterations. General Terms and Conditions Exhibit B- Page 1 #128604 15361-4 2r8c01!.doc 12/12/00 4. CONDITION OF PREMISES. Lessee has inspected and knows the condition of the premises and it is understood and agreed that the premises are leased on an "as is" basis without any obligation on the part of the City to make any changes, improvements, or to incur any expenses whatsoever for the maintenance or repair of the premises. 5. CONSTRUCTION DEFECTS. The City shall not be liable to Lessee for claims or damages arising from any defect in the construction of or the present condition of the premises, whether known or unknown, or for damage by storm, rain, or leakage or any other occurrence. 6. MAINTENANCE. A. Lessee shall, throughout the term of this Lease without cost or expense to the City, keep and maintain the leased premises and all improvements, landscaping, fixtures, and equipment which may now or hereafter exist thereon, in a neat, clean, and sanitary condition and shall, except for reasonable wear and tear, at all times preserve the premises in good and safe repair. Upon the expiration or sooner termination of the Lease, Lessee shall forthwith return the same in as good condition as existed at the commencement of occupancy (ordinary wear and tear excepted). B. If, after thirty (30) days' notice from the City, Lessee fails to maintain or repair any part of the leased premises or any improvement, landscaping, fixtures or equipment thereon, the City may, but shall not be obligated to, enter upon the leased premises and perform such maintenance or repair, and Lessee agrees to pay the costs thereof to the City upon receipt of a written demand. Any unpaid sums under this paragraph shall be payable as additional rent on the next rent payment date due following the written demand and will bear interest at the maximum rate allowed by Washington State Law. 7. INDEMNITY AND HOLD HARMLESS. Lessee agrees to indemnify and hold the City harmless as provided herein to the maximum extent possible under law. Accordingly, Lessee agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless the City, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to Lessee's exercise of rights and privileges granted by this Lease. Lessee's obligations under this section shall include: (a) Indemnification for such claims whether or not they arise from the sole negligence of either the City or Lessee, the concurrent negligence of both parties, or the negligence of one or more third parties; General Terms and Conditions Exhibit B -- Page 2 #128604 15361-4 2r8c0!!.doc 12/12/00 (b) The duty to promptly accept tender of defense and provide defense to the City at Lessee's own expense; (c) Indemnification of claims made by Lessee's own employees or agents; and (d) Waiver of Lessee's immunity under the industrial insurance provisions of Title 51 RCW, of which the waiver has been mutually negotiated by the parties. In the event it is necessary for the City to incur attorney's fees, legal expenses or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from Lessee. In the event it is determined that RCW 4.24.115 applies to this Lease, Lessee agrees to defend, hold harmless, and indemnify the City to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of the City to the full extent of Lessee's negligence. Lessee agrees to defend, indemnify, and hold harmless the City for claims by Lessee's employees and agrees to waiver of its immunity under Title 51 RCW, of which waiver has been mutually negotiated by the parties. 8. LIABILITY INSURANCE. Lessee shall procure and maintain for the duration of this Lease, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with Lessee's operation and use of the rental premises. A. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as: Insurance Services Office Form No. GL0002 (ED.1/73) covering Comprehensive General Liability, and Insurance Services Office Form No. GL0404 covering Broad from Comprehensive General Liability; or Insurance Services Office Commercial General Liability Coverage ("Occurrence" form #CG0001). B. MINIMUM LIMITS OF INSURANCE. Lessee shall maintain limits no less than: Comprehensive General Liability: $2,000,000.00 per occurrence, and $5,000,000.00 in the aggregate, for bodily injury, personal injury, and property damage. Automobile: $2,000,000.00 per occurrence, and $5,000,000.00 in the aggregate, for bodily injury, personal injury, and property damage. General Terms and Conditions Exhibit B- Page 3 #128604 15361-4 2rSc01!.doc 12/12/00 C. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions. In no event shall the deductible or self-insured retention exceed $$,000.00. D. OTHER INSURANCE PROVISIONS. The policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insured as respects liability arising out of premises rented or used by Lessee. 2. Lessee's insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Lessee's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. 4. Coverage shall state that Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 5. Insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. ACCEPTABILITY OF INSURERS. Insurance is to be placed with insurers with a Bests' rating of no less than A:XI. F. VERIFICATION OF COVERAGE. Lessee shall furnish the City with certificate(s) of insurance and with original endorsement(s) effecting coverage required by this contract. The certificate and endorsement for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements or each insurance policy are to be provided by the City and are to be received and approved to the City before occupancy commences. The City reserves the right to require complete certified copies of all required insurance policies at any time. General Terms and Conditions Exhibit B -- Page 4 #128604 15361-4 2r8c01!.doc 12/12/00 9. RELEASE AND WAIVER. To the extent a loss is covered by insurance in force, and to the extent the City is not indemnified for such loss by Lessee under Section 7 above, the Lessee hereby releases the City from liability and waives all right of recovery against the City for any loss from perils insured against under the City's respective fire or comprehensive general liability insurance policies, including any extended coverage endorsements hereto; provided, that this Lease shall be incapable if it would have the effect of invalidating any insurance coverage of the City. 10. SURRENDER OF PREMISES. At the expiration or earlier termination of this Lease, Lessee shall promptly surrender possession of the premises to the City. 11. DEFAULT AND RE-ENTRY. If any rents above reserved or other obligations provided herein, or any part thereof shall be and remain unpaid when the same shall become due, or if Lessee shall violate or default on any of the covenants and agreements herein contained, the City may cancel this Lease upon giving the notice required by law and re-enter said premises using such force as may be required. 12. ASSURANCE OF PERFORMANCE. In the event of a default in the performance of any obligation under this Lease that remains uncured for more than ten (10) days after demand, the City may request and Lessee shall provide adequate assurance of the future performance of all obligations under this Lease. The adequacy of any assurance shall be determined according to commercially reasonable standards for Lessors of real property in the County of King, State of Washington. Adequate assurance shall include, but not be limited to, a deposit in escrow, a guarantee by a third party acceptable to the City, a surety bond, or a letter of credit. Lessee's failure to provide adequate assurance within twenty (20) days of receipt shall constitute a material breach and the City may in its discretion terminate this Lease. 13. ADVANCES BY THE CITY FOR LESSEE. If Lessee fails to pay any fees or perform any of its obligations under this Lease other than payment of rent, the City will mail notice to Lessee of its failure to pay or perform. Twenty (20) days after mailing notice, ifLessee's obligation remains unpaid or unperformed, the City may pay or perform these obligations at Lessee's expense. Upon written notification to Lessee of any costs incurred by the City under this paragraph, Lessee will reimburse the City within twenty (20) days. 14. NON-WAIVER. It is hereby agreed that no waiver of any condition or covenant in this Lease or any breach thereof, shall be taken to constitute waiver of any subsequent breach. General Terms and Conditions ~xhibit B -- Page 5 #128604 15361-4 2r8c01!.doc 12/12/00 15. INSPECTION AND "FOR RENT" SIGNS. The City reserves the right to inspect the premises at any and all reasonable times throughout the term of this Lease, provided that the City shall not interfere unduly with Lessee's operations. The right of inspection reserved to the City hereunder shall impose no obligation on the City to make inspections to ascertain the condition of the premises, and shall impose no liability upon the City for failure to make such inspections. 16. LIENS. It is understood and agreed that this Lease is executed and delivered upon the express condition that Lessee will not and cannot contract any debt or debts for labor, materials, services, or otherwise which will or may become a lien against the interest of the City in the premises, or the City hereby denies to Lessee any right, power, or authority to do any act, or contract any obligation or liability which would in any way subject the interest of the City in the premises to any lien, claim, or demand whatsoever. 17. ASSIGNMENT OR SUBLEASE. Lessee may not assign this Lease nor transfer occupancy of the Premises or use or ownership of any improvements installed thereon, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld. City may inquire into the qualifications and financial stability of a potential assignee or transferee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or transferee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a written request to assign or transfer with a decision within forty-five (45) days, City approval shall be deemed given. Lessee may, however, upon notice to City and without City approval, mortgage or grant a security interest in any improvements installed on the Premises. 17. 18. CONDEMNATION. A. The City and Lessee will give to the other immediate written notice of the receipt of notice of any proceedings with respect to a condemnation and of any intention of any authority to exercise the power of eminent domain. B. If all of the premises are taken by any lawful authority under the power of eminent domain for a period which will end on or extend beyond the expiration of the term of this Lease, this Lease terminates as of the date condemner takes possession, and Lessee will have no claim or interest in or to any award of just compensation except that Lessee will be entitled to an amount equal to the fair market value of Lessee's leasehold interest in any improvement taken by the condemner made to the premises by Lessee, but not to exceed the amount of that part, if any, of the award attributable to the value of the improvements. General Terms and Conditions Exhibit B -- Page 6 #128604 15361-4 2r8c01!.doc 12/12/00 C. If part of the premises is taken by any lawful authority under the power of eminent domain for a period which will end on or extend beyond the expiration of the term of this Lease, the City or Lessee may choose to terminate this Lease as of the date the condemner takes possession. If neither the City nor Lessee elects to terminate this Lease, the rent will be reduced in the same proportion that the value of the portion of the premises to be taken bears to the value of the entire premises as of the date condemner takes possession. Lessee will have no claim or interest in or to any award of just compensation or damages except that Lessee will be entitled to an amount equal to the fair market value of Lessee's leasehold interest in the part taken by the condemner of any improvements made to the premises by Lessee, but not to exceed the amount of that part, if any, of the award attributable to the value of the improvements. D. If temporary use of all or a portion of the premises is taken by any lawful authority for a period which would reduce the leasehold and, consequently, would cause the premises to be untenantable for the use by Lessee for the purposes set forth in the section of this Lease title "Use," then, at Lessee's determination, the City or Lessee may choose to terminate this Lease. If the City or Lessee elect to terminate the Lease, the Lease will terminate the date the condemner takes possession and Lessee will have no claim or interest in or to any award of just compensation except that Lessee will be entitled to an amount equal to the fair market value of Lessee's leasehold interest in any improvements made to the premises by Lessee. If neither the City or Lessee elects to terminate this Lease, the Lease will continue in full force and Lessee will be entitled to receive any award form condemner for the use of all or part of the premises, EXCEPT that Lessee may elect to have the rents reduced by the amount proportionally attributable to any partial temporary taking, in which event Lessee shall not be entitled to any portion of the award attributable to said use. E. It is understood and agreed that Lessee shall not be party to any negotiation or proceedings at law wherein the City claims compensation other than that which is defined statutorily as constituting "just compensation." 19. ANTI-DISCRIMINATION. In all services or activities and all hiring or employment made possible by or resulting from this Lease, there shall be no discrimination against any employee or applicant for employment because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, martial status, sexual orientation, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualifications. This requirement shall apply to but not be limited to the following: Employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for any of the terms of RCW 49.60, Title VII of the civil Rights Act of 1964 or any other applicable federal, state, or local law or regulations regarding non-discrimination. Any violation of this provisions shall be considered a violation of a material provision of this Lease and shall be grounds for cancellation, termination, or suspension, in whole or in part of the Lease by the City and may result in ineligibility for further City agreements. General Terms and Conditions Exhibit B -- Page 7 #128604 15361-4 2r8c01 !.doc 12/12/00 20. HEIRS, AGENTS, AND ASSIGNS. Subject to and without limiting any provisions of this Lease pertaining to assignment and subletting, the provisions of this Lease bind the heirs, successors, agents and assigns of any of the parties to this Lease. 21. CAPTIONS. The captions in this Lease are for convenience only and do not in any way limit or amplify the provisions of this Lease. 22. TIME IS OF THE ESSENCE. Time is of the essence of this Lease, and in the event of the failure of Lessee to pay any charges at the time in the manner herein specified, or to keep any of the covenants or agreements herein set forth, Lessee shall be in default. 23. CUMULATIVE REMEDIES. No provision of this Lease precludes the City from pursuing any other remedies for Lessee's failure to perform its obligations. Further, this Lease may be enforced at both law and equity. Damages are not an adequate remedy for breach. 24. ATTORNEYS' FEES/COLLECTION CHARGES. In the event legal action is brought by either party to enforce any of the terms, conditions, or provisions of this Lease, the prevailing party shall recover against the other party in addition to the costs allowed by law, such sum as the court may adjudge to be reasonable attorneys' fees. 25. HOLDING OVER. If Lessee holds over after the expiration or earlier termination of the term hereof without the express written consent of the City, Lessee shall become a tenant at sufferance only at a rental rate equal to one hundred fifty percent (150%) of the rent in effect upon the date of such expiration (prorated on a daily basis), and otherwise subject to the terms, covenants, and conditions herein specified so far as applicable Acceptance by the City of rent after such expiration or earlier termination shall not result in a renewal of this Lease, nor affect the City's fight of re-entry or any fights of the City hereunder or as otherwise provided by law. If Lessee fails to surrender the premises upon the expiration or termination of this Lease despite demand to do so by the City, Lessee shall indemnify, defend, and hold the City harmless from all loss or liability including, without limitation, any claim made by any succeeding tenant founded on or resulting from the failure to surrender, and including without limitation any design, engineering, construction or other costs for construction, installation, modification or alteration of street, sidewalk or related improvements within the Premises or within the Milton Road South fight-of-way, attributable to or resulting from the failure to surrender. Lessee's indemnification herein shall be together with interest, attorney's fees, and costs. General Terms and Conditions Exhibit B -- Page 8 #128604 15361-4 2r8c01!.doc 12/12/00 26. HAZARDOUS SUBSTANCES. Lessee shall not without first obtaining the City's proper written approval, generate, release, spill, store, deposit, transport, or dispose of (collectively referred to as "Release") any hazardous substances, sewage, petroleum products, radioactive substances, medicinal, bacteriological, or disease-producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic as defined and in accordance with applicable federal, state, and local laws and regulations in any reportable quantities ("Hazardous Substances") in, on, or about the premises. In the event, and only in the event, the City approves such Release of Hazardous Substances on the premises, Lessee agrees that such release shall occur safely and in compliance with all applicable federal, state, and local laws and regulations. Lessee shall indemnify and hold the City harmless form any and all claims, liabilities, lawsuits, damages, and expenses, including reasonable attorneys' fees (hereinafter "Claim") for bodily injury or death, property damage or loss, or cleanup costs arising out of this Lease to the extent such injury, death, damage, loss, or costs are caused by the Release by Lessee or any of its agents, representatives or employees in, on, or about the premises occurring during the term of this Lease. Lessee shall be fully and completely liable to the City for any and all clean-up costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Lessee's use, disposal, transportation, generation and/or sale of Hazardous Substances in or about the premises, common areas, or buildings. Lessee shall indemnify, defend, and save the City harmless from any and all of the costs, fees, penalties, and charges assessed against or imposed upon the City (as well as the City's attorney's fees and costs) as a result of Lessee's use, disposal, transportation, generation and/or sale of hazardous substances. Upon Lessee's default under this Section, the City shall be entitled to the following rights and remedies: (a) At the City's option, to terminate this Lease immediately; and/or, (b) To recover any and all damages associated with the default, including, but not limited to clean-up costs and charges, civil and criminal penalties and fees, adverse impact on marketing a space in the building, loss of business and sales by the City and other tenants of the building, diminution of value of the premises and/or building, the loss or restriction of useful space in the premises and/or building, any and all damages and claims asserted by third parties and the City's attorney's fees and costs. General Terms and Conditions Exhibit B- Page 9 #128604 15361-4 2r8c01!.doc 12/12/00 27. SEVERABILITY. If any term or provision of this Lease or the application of any term or provision to any person or circumstance is invalid or unenforceable, the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and will continue in full force. END OF GENERAL TERMS AND CONDITIONS General Terms and Conditions Exhibit B- Page 10 #128604 15361-4 2r8c01!.doc 12/12/00 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Sprint BPA Tower Wireless Site Lease/14th Avenue Way SW CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE __STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: September 20, 2000 Memorandum from Interim City Attorney Bob C. Sterbank to Finance, Economic Development and Regional Affairs Committee, Draft Site Lease Agreement. SUMMARY/BACKGROUND: Sprint Spectrum seeks a site lease agreement to locate twelve (12) wireless panel antennas on an existing BPA tower near 14th Avenue Way SW, and install seven (7) equipment cabinets directly beneath the tower. The basic provisions of the site lease agreement are summarized in the attached September 20, 2000 memorandum from Bob Sterbank to the Finance, Economic Development and Regional Affairs Committee. The location and size of the antennas and equipment are depicted in Exhibits B and C attached to the draft Site Lease Agreement. At its meeting on September 25, 2000, the FEDRAC recommended that the proposed site lease agreement be forwarded to the full Council with a "do pass" recommendation. At that time, Sprint's proposal was for 6 panel antennas with rent proposed to be $975/mo. Since that time, rent has increased to $1,500/month, and Sprint has changed its proposal to include 12 antennas rather than 6. CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize City Manager to execute attached Site Lease Agreement. CITY MANAGER RECOMMENDATION: Motion to authorize City Manager to execute attached Site Lease Agreement. APPROVED FOR INCLUSION IN COUNCIL PACKET: '""~ ~ ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL tt DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE It RESOLUTION # k:agnditem\sprint bpa lease.doc CITY OF FEDERAL WAY MEMORANDUM Date: September 20, 2000 To: Finance, Econ%mi~c0Development and Regional Affairs Committee From: Bob C. Sterb-a~t, lhterim City Attorney Subject: Proposed Sprint Wireless $ite Lease- BPA Tower /14th Avenue Way SW Background: Sprint Spectrum has requested to lease City property for purposes of installation of wireless facility on and beneath a BPA Tower located adjacent to 14th Way SW. The basic terms of the proposed lease are as follows: 1. Equipment The lease would permit Sprint to install 6 wireless panel antennae on an existing BPA tower, an associated equipment cabinet, cables, and appurtenances. Each panel antenna would be approximately 6 inches wide, and 4-5 feet tall. The cabinet is proposed to be located in the space directly beneath the tower, and would be fenced and landscaped as required by Code. If Sprint wishes to install additional equipment (either additional antennae, or equipment boxes), City approval is required. 2. Consideration Under the proposed lease, Sprint would pay $975.00 per month, with a 4% annual increase. 3. Insurance Sprint will maintain insurance of $2 Million per occurrence and $5 Million in the annual aggregate for both commercial general liability and automobile insurance. 4. Relocation / Termination The proposed lease contains standard language, approved by City Council for other wireless site leases, concerning the City's rights to terminate the lease, and concerning the City's rights to require relocation or adjustment of the equipment. Committee Recommendation: Staff requests that the committee forward the proposed site lease agreement to full City Council, for placement on the October 17, 2000 City Council agenda, with a "do pass" , recommendation. K:\telecom\fedracsprint092000.doc Draft 12-12-00{PRIVATE } SITE LEASE AGREEMENT THIS LEASE is entered into this__ day of ,2000, by and between the CITY OF FEDERAL WAY, WASHINGTON, a municipal corporation (hereinafter "City") and SPRINT SPECTRUM L.P., a Delaware limited partnership, with its principal office located at 4683 Chabot Drive, Suite 100, Pleasanton, California 94588 (hereinafter "Tenant"). City is the owner in fee simple of public open space located in the City legally described on the attached Exhibit A ("City Property "). Tenant desires to lease space on and air-space above the City Property, as described below, for the installation and operation of certain equipment which include antennas, connecting cables and seven (7) equipment cabinets to be used by Tenant and appurtenances (collectively, "Equipment") for use in connection with its operation of telephony wireless communications service more specifically identified as personal communications service ("PCS"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non- exclusive basis, a portion of the City Property as depicted in the attached Exhibit B, together with necessary space and rights for access and utilities ("the Premises"). Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit C. Tenant may not add Equipment in addition to that shown on Exhibit C other than as may be approved in writing by the City. The City's approval of additional antenna will not be unreasonably withheld; the City's approval of additional cables, equipment cabinets and/or appurtenances may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on the date of execution by the City (the "Commencement Date") and shall end at 12:00 a.m. (midnight)on the fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3) additional five (5) year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five (5) year term. The City may refuse to renew (i) in the event of an uncured breach of the Lease during the preceding term, or (ii) if the fair market rental, as determined by an independent appraiser jointly selected and paid for by the City and Tenant, is 20% more than what would otherwise be due by the Tenant hereunder; provided that the City gives 60 days notice to Tenant and MAI real estate appraisal methods are followed and that Tenant shall have the opportunity to pay such higher rental figure. Any such refusal by the City shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. a. During the first five (5) year term Tenant shall pay to the City rental fees in the amount of $1500.00 per month, subject to the annual percentage increase set forth below, which monthly rental figure is due on the 5th day of each month (in addition to the deposit of $1500.00 from Tenant to City to ensure performance but not as a limitation of Tenant's liability herein). The -1- deposit shall be held by the City without liability for interest. Tenant specifically waives any right to bring an action that the rent obligation herein is contrary to the provisions of any local, state or federal law, provided that if the rent obligation is determined to be contrary to local, state or federal law through legal actions brought by others then Tenant shall have the right as Tenant's sole remedy to immediately terminate this Lease without penalty or other liability at its sole discretion. If this Lease is terminated at any time other than on the last day of the month, rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of rent, all prepaid rents shall be refunded to Tenant, less any expenses or damage incurred by the City as a result of the termination. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of one percent (1%) per month or the highest rate permitted by law. b. The monthly rental figure shall be increased by four percent (4%) per year throughout the term of this Lease and renewal terms (if any). 4. Reimbursement Within thirty (30) days of the Commencement Date, and following receipt of an invoice from the City, Tenant shall reimburse the City for all of the City's costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees and the time expended by the City staff and City Attorney's office. The amount to be reimbursed shall not exceed Fifteen Thousand Dollars ($15,000.00). 5. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation and maintenance of its Equipment to provide PCS wireless communications and no other service. The Equipment and Premises may not be used for cable television or open video system services. b. Tenant shall, at its expense, comply with all applicable federal, state and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of PCS wireless communications service and the use, operation, maintenance, construction and/or installation of Equipment and/or the Premises; provided, however, that Tenant shall not be required to comply where its rights have previously vested by operation of law. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursements of City's reasonable attorneys, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. c. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the affected area of the Premises to the reasonable satisfaction of the City to its condition prior to installation of the Equipment, normal wear and tear excepted. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If, however, Tenant requests permission not to remove all or a portion of the improvements and City consents to such nonremoval, title to the -2- affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. 6. Improvements Tenant may update or replace the equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color or shape or height than the existing facilities and that any change in their location on the Premises is approved in writing by City which approval shall not be unreasonably withheld and which shall be pursuant to lawful authority. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit C or add facilities with the prior written approval of City. Tenant shall submit to City a written request for any such change or addition and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. No lights or signs may be installed on the Premises or as part of the Equipment, unless required by govermnental action or regulation and approved by applicable City process(es); provided, however, that subject to approval through applicable City land use or building permit approval processes, Tenant may install one service light, no higher than eight (8) feet above the ground. The service light (if any) may be used only to provide light during maintenance of the equipment cabinets, and shall remain off at all other times. 7. Premises Access. Tenant shall have reasonable access to the leased portion of the Premises (described in Exhibit B) 24-hours-a-day, 7 days-a-week. City retains and reserves the right to access the leased portion of the Premises (described in Exhibit B) at all times; provided that in non-emergency situations, Tenant shall be given at least 24 hours prior notice and an opportunity for Tenant's representative to accompany the City. , 8. Utilities Tenant shall have the right to install needed utilities and, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 9. Maintenance Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition and in good repair. Additionally, Tenant shall keep the Premises free of debris caused by Tenant and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services caused by Tenant. Tenant shall have sole responsibility for the maintenance, repair and security of its Equipment and leasehold improvements and shall keep the same in good repair and condition during the Lease term. 10. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning and other approvals that may be required by any federal, state or local authority or from any other necessary person or entity. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations issued by the Federal Communications Commission, the City, federal or state government or any other governing bodies; provided, however, that Tenant shall not be required to comply where its rights have previously vested by operation of law. Tenant acknowledges that all aspects of this Lease are consistent with the TelecommunicationsAct of 1996, existing Washington State statutes and Engrossed Substitute Senate Bill 6676 (as such Bill was passed by the Senate and House of -3- Representatives of the State of Washington) and the City Code, and to the best of its knowledge, this Lease is consistent with all other applicable federal, state and local laws. However, if the Lease is determined to be contrary to local, state or federal law through legal actions brought by others then Tenant shall have the right, as Tenant's sole remedy, to immediately terminate this Lease without penalty or other liability at its sole discretion). In addition, Tenant specifically acknowledges that all or a portion of the Premises is dedicated public open space subject to City's regulatory and proprietary authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of this open space pursuant to its regulatory or proprietary authority. 11. Interference, Tenant shall not use the Premises in any way which unreasonably interferes with the use of the Premises by City; or lessees, tenants or licensees of City, with rights to the Premises prior in time to Tenant's. Further, Tenant shall operate the Equipment in compliance with the requirements of Federal Way City Code ("FWCC") §22-966(i)(2), and in a manner that will not cause interference to the City, including City, police or Valley Communications, and other lessees, tenants or licensees with rights to the Premises prior in time to Tenant's. City shall have the right to permit co-location of other telecommunications facilities on the Premises, pursuant to the Federal Way City Code Section 22-966(h). In the event that any other tenant's activities interfere with Tenant's use of the Facilities, and Tenant cannot work this interference out with the other tenants, Tenant may, upon 30 days notice to City, terminate this Lease and restore the leased premises to its original condition, normal wear and tear excepted. In such event, Tenant shall be entitled to a pro rata refund of all pre-paid rent. Tenant shall cooperate with all other users to identify the causes of and work towards the resolution of any electronic interference problem. In addition, Tenant agrees to eliminate any radio or television interference caused to City facilities, including without limitation City, police or Valley Communications equipment, or surrounding residences by Tenant's facilities at Tenant's own expense and without imposition of extra filters on City equipment. Tenant further agrees to accept such interference as may be received from City operated equipment; provided that the City will make a good faith effort to mitigate or eliminate the interference that its equipment causes, but not to the degree that mitigation will materially compromise the functionality of the City's equipment. 12. Termination. Except as otherwise provided herein, this Lease may be terminated without penalty to City or further liability of City as follows: a. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including nonpayment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; or b. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs. c. Upon thirty (30) days written notice by City if Tenant abandons or vacates or ceases using the Premises or Equipment or if Tenant is adjudicated as bankrupt or makes any general assignment for the benefit of its creditors or if Tenant becomes insolvent. d. Upon thirty (30) days written notice by City for reasons involving public health, safety or welfare. In addition, if the public's health, safety or welfare is endangered by the operations of Tenant's Equipment and Tenant fails to discontinue its operations as soon as is reasonably possible after receipt of notice thereof, and thereafter Tenant is unable to cure the conditions causing the endangerment within thirty (30) days after receipt of such notice, City may immediately terminate this Lease. e. Immediately, upon written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion. In the event of termination, Tenant shall pay City all monies due, including attorney and collection fees and any other damages incurred by City as a result of such termination but limited solely to the Lease termination and excluding unrelated consequential or incidental damages, e.g. an unrelated emergency. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. 13. Indemnity and Insurance. a. Disclaimer of Liability. Except to the extent caused by the sole negligence or willful misconduct of the City, its employees, agents or contractors, City shall not, at any time, be liable for injury or damage occurring to any person or property arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment; provided, further, that neither City nor Tenant shall be liable for claims arising from the other's sole negligence, breach of contract or intentional acts or omissions of their officers, boards, commissions, employees, agents, attorneys and contractors. Tenant releases and waives any and all claims against the City, its officers, agents, employees or contractors for damage to or destruction of Tenant's Equipment caused by or arising out of activities conducted by the City, its officers, agents, employees and contractors, in the public ways and upon City-owned property subject to this Lease, except to the extent any such damage or destruction is caused by or arises from the sole negligence, breach of this Lease or any willful or malicious action on the part of the City, its officers, agents, employees or contractors. Tenant further agrees to indemnify, hold harmless and defend the City, its officers, agents, employees or · contractors against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Tenant's facilities as the result of any interruption of service due to damage or destruction of Tenant's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence, breach of this Lease or any willful or malicious action on the part of the City, its officers, agents, employees or contractors. Tenant further agrees to indemnify, hold harmless and defend the City, its officers, -5- agents, employees or contractors against any claim that location of the Equipment on the Premises is not permitted by the Conditions, Covenants and Restrictions ("CCRs") of the Park Lane Estates Division 2 Homeowners Association, as now existing or as may be amended. The provisions of this Section shall survive the expiration, revocation, or termination of this Lease. b. Indemnificationand Hold Harmless Tenant and City shall, at their sole cost and expense, indemnify and hold harmless one another and their officers, boards, commissions, employees, agents, attorneys, successors, assigns and contractors from and against any and all liability, damages and claims (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of each, its employees, agents or contractors or which may be in any way connected with its intentional acts, omissions or breaches of contract. The provisions of this Section shall survive the expiration, revocation, or termination of this Lease. c. Insurance. During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and naming City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: i. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance. Certificates of insurance for each insurance policy required by this Lease, along with written evidence of payment of required premiums, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty (30) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel, replace or reduce coverage regarding the Premises, such notice to be given by registered mail." f. Deductibles All insurance policies may be written with commercially reasonable deductibles. -6- g. License. All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating according to Am Best orA-IV or better, unless waived by the City. 14. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 15. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises. 16. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to City, to: City Attorney 33530 - 1st Way So. P. O. Box 9718 Federal Way, WA 98063-9718 With a copy to: City Manager 33530 - 1st Way So. P. O. Box 9718 Federal Way, WA 98063-971 If to Tenant, to: Sprint Spectrum L.P. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 17. Subleasing or Assignment Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial condition and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 18. Successors and Assigns. Subject to Section 17, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 19. Non-Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to enforce such rights at any time and take such -7- action as might be lawful or authorized, either in law or equity; provided that the City may not §eek enforcement for performance more than six (6) months after the City receives notice of a failure to perform. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City within 10 days after receipt. 20. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes), leasehold taxes, if applicable, and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 21. Lease Subject to Future Ordinancex Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of public open space and other City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City, and Tenant covenants and agrees to be bound by same; provided, however, that Tenant shall not be bound where its rights have previously vested by operation of law. 22. Title and Authority. Tenant acknowledges that its rights are further subject to a Bonneville Power Authority ("BPA") transmission line easement recorded under King County Recording Number 5026259. In the event such easement expires or terminates, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant subject to BPA's easements that: a. City has authority to execute this Lease; b. City has title to the Premises free and clear of any liens or mortgages, except for the BPA transmission easement, and those, matters, liens and/or mortgages which are of record, disclosed and/or otherwise apparent to Tenant; c. There is legal ingress and egress to the Premises; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City. 23. Condemnatioa In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Tenant shall have the right to claim and recover from the condemning authority, other than the City, such compensation as may be separately awarded or recoverable by Tenant. 24. Alteration, Damage or Destructior~ If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City, as Tenant's sole remedy. In such event, Tenant shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Lease, -8- normal wear and tear excepted. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Dangerous Conditions: Authority for City to Abate. Whenever construction, installation, or excavation of telecommunications facilities authorized by this Lease has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining public way, street or public place, or endangers the public, street utilities, or City-owned property, the Public Works Director may direct Tenant, at Tenant's own expense, to take reasonable action to protect the public, adjacent public places, City-owned property, streets, utilities, and public ways. Such action may include compliance within a prescribed time. In the event that Tenant fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the Premises and take such actions as are reasonably necessary to protect the public, the adjacent streets, public ways, and utilities, to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and Tenant shall be liable to the City for the costs thereof. The provisions of this Section shall survive the expiration, revocation, or termination by other means of this Lease. 26. Relocation of Facilities Within thirty (30) days following written notice from the City, Tenant shall, at its own expense, temporarily remove, relocate, change or alter the position of the Equipment (except for antennas) upon the Premises, or remove equipment not being used, whenever the City determines that such removal, relocation, change or alteration is reasonably necessary, for construction, repair, maintenance or installation of any City or other improvement in or upon the subject property, for the operations of the City or other governmental entity in or upon the Premises, for co-location of other telecommunications facilities or equipment pursuant to Section 11 above, or for other legitimate public or govemmental purpose. In the event that a suitable alternative location for Tenant's Equipment cannot be located upon the Premises, Tenant shall have the right to terminate this Lease upon 30 days written notice to the City, and shall be entitled to a pro rata refund of all pre-paid rent. The provisions of this Section shall survive the expiration, revocation, or termination by other means of this Lease. 27. Miscellaneous a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power and authority to execute this Lease. b. With the exception of the applicable laws, ordinances, rules and regulations, this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, .negotiations and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. -9- c. This Lease shall be construed in accordance with the laws of the State of Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretationofthe text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any provision of this Lease is found to be void or invalid, such invalidity shall not affect the remaining provisions of this Lease, which shall continue in full force and effect. This Lease was executed as of the date first set forth above. {PRIVATE }CITY OF FEDERAL WAY SPRINT SPECTRUM L.P., by Its Managing General Partner By: Its: By: Title: -10- 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, ., to me known to be of the Managing General Partner of Sprint Spectrum L.P., the Delaware limited partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument on behalf of said partnership. GIVEN my hand and official seal this __ day of , 2000. (signature of notary) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: 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, the Washington municipal 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 said instrument. GIVEN my hand and official seal this day of ,2000. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: K:\telecom\sprintsitelse2.doc -11- EXHIBIT A Legal Description The Premises are legally described as follows: That portion of the SW ¼ of Section 19, Township 21 North, Range 4 East, W.M., more specifically known as Tract E of Parklane Estates- Division 2, as recorded at Vol. 156, page 11 of the King County Volume of Plats, King County, Washington. A-1 EXHIBIT B Site Location Within the Premises B-1 EXHIBIT C Site Plan (Including Location of Equipment Boxes) C-1 ~ ~*~"~ S~"~NT (3) .~:c"'rc~ .,m"~:~,~A (4) ~N'~ p~ PCS R~O £QIJIPI~NT AND /~.A'/~O ~T~ A~I~TI~S ro4c~ P~t, IT~D C~ CO~D NORTHEAST TOWER ELEVATION 2~o~71 1 J J ~-- IP~RdaL"TI~ OF ~W LAHOSCAF~ I (~ ~ ~) I I I I I / ~ ~ ~o ~ -I~ I I I J. L~-- / TOT~ IMPER~S EN~RGED SITE P~N ANTEI~m~ATIONS~~C MEETING DATE: December 19, 2000 ITEM# -.-- L'// CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: South 298t~, Street Vacation Request CATEGORY: BUDGET IMPACT: CONSENT X RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ X HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Memo to the Land Use and Transportation Committee dated October 51, 2000; copy of map of S 298th Street; Public Works Staff Report on vacation of S 298th Street; and Resolution. SUMMARY/BACKGROUND: As part of the Tresden Place Plat being developed by Sound Engineering, the City of Federal Way has requested that South 298th Street be reconfigured so that it intersects perpendicular to Military Road and connects directly across Military Road to a continuation of South 298th Street. The property owners are requesting that the existing configuration of South 298th Street be vacated outside of the proposed right of way. See the vicinity map in the attached staff report for the exact location. Sound Engineering is developing the property which abuts the areas requested to be vacated, and is reconstructing South 298th Street as a two-lane roadway, with curb arid gutter, sidewalks, streetlights, landscaping strips, etc. Granting the vacation as part of the reconstruction of South 298th Street would provide for better road design and street connection to Military Road. The petitioners have met all the applicable mandatory criteria, as well as the discretionary criteria required for granting the vacation request. See the attached staff report for further details. Staff recommends granting the vacation request. CITY COUNCIL COMMITTEE RECOMMENDATION: At it's November 6, 2000 meeting the Land Use and Transportation Committee forwarded the following items to the City Council: Approval of the Resolution for the approval of the street vacation request for S 298th Street at the public hearing with the following conditions: a) All existing utilities within the right of way area to be vacated must be relocated into the new right of way or a utility easement must be granted over existing utilities. b) The street vacation is subject to the completion of construction and City acceptance of the new street alignment. CITY MANAGER RECOMMENDATION: Motion to approve the Resolution for the approval of the street vacation request for S 298th Street at the public hearing provided that: a) All existing utilities within the right of way area to be vacated are relocated into the new right of way or a utility easement is granted over existing utilities; and b) The construction of the new street is completed and accepted by the City; and c) When these conditions are met, the City Attorney is directed to prepare a vacation ordinance and forward it to the City Council. (,/"[~. ~ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY i~LERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # --DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # k:\council\agdbills~2000\s 298 st vacation.doc RESOLUTION tl DATE: October 3 I, 2000 TO: Phil Watkins, Chair Land Use and Transportation Committee VIA: David H. Mo ager FROM: Marwan Salloum, Street Systems Mauag SUBJECT: South 298th Street Vacation Request BACKGROUND As part of the Tresden Place Plat being developed by Sound Engineering, the City of Federal Way, in conjunction with reviewing the proposed plat, has requested that South 298t~ Street be reconfigured so that it intersects perpendicular to Military Road and connects directly across Military Road to a continuation of South 298th Street. As a result, the property owners are requesting, that the existing alignment of South 298th Street be vacated outside of the proposed right of way. See the vicinity map in the attached staff report for the exact location. Sound Engineering is developing the property which abuts the areas requested to be vacated, and is reconstructing South 298t~ Street as a two-lane roadway, with curb and gutter, sidewalks, streetlights, landscaping strips, etc. Granting the vacation as part of the reconstruction of South 298~' Street would provide for better road design and street connection to Military Road. The petitioners have met all the applicable mandatory criteria, as wel! as the discretionary criteria required for granting the vacation request. See the attached staff report for further details. Staff recommends granting the vacation request. RECOMMENDATION Staff recommends placing the following items on the November 2 i, 2000 Council consent agenda: 1) Authorization to proceed with the street vacation request for south 298th Street. 2) Approval of the Resolution to fix the date and time of the public hearing, to be at the Council meeting on December 19, 2000 at 7:00 p.m. 3) Approval of the street vacation request at the public hearing with the following conditions: a) The property will be exchanged for property in which the re-aligned street will be located. b). All existing utilities within the right of way area to be vacated must be relocated into the n6w right of way or a utility easement must be granted over existing utilities. ~ c) The street vacation is subject to the completion of construction and City acceptance of the new street alignment. MS:jif k :\lutc\2000\298st vac.doc ......... IqECEIVED c,,. o, ~:.de.a, Wa,r JUL 2 1 2000 '33s3o ,st w,y South UU~NG OEPT. Street and/or Alley Vacation Application and Petition gear Mayor and Federal Way Ci{y Council: We, the undersigned abutting property owners, hereby respectfully request that certain .portions of 298th hereby be vacated. {General Location) Brie~Statement Why Va~a[ionisBe!nq SouQh! The Cityof Federal Way is requiring the relocation of 298th as shewn in order to facilitate a better road design and better 90% connection from 298th to Military Road. This reconfiguration also allows for two additional single family residences to be built on the vacated right of way.. Required Attachments ,I~ 1. Verification as to ownership: Copy of deedfcontract, supported by Kiho '.County tax roll desc,~pti9~, ' - 0f - of iadlvidual's a~dty to ~ign ~ 3. A~ach a colo~6~ed map of ~ scale of ~t le~s t~n i' ~ 2~' of t~ a~ea sought {or va~tlo~. (NOT~ Map m~st co~respoad with legal Abu~o Pfope~y Owners' S~9natures and Add~esses Lob ~ock & ~aqSec. T~. RG ~ , - Treasons Receipt ~praisal Fee P~id T~eas~eds Rec~pt No. ~ Value ~id Treas~eds R~elpt No. Deed ,%ccepted gate: ~rade Acc~ted Date: TflESDEN PLACE PRELIMINARY PLAT LAYOUT A PORTION OF THE NE 1/4 OF SE 1/4 OF SEC. 4, TWP. 21N., RGE 4 E., W.~. KING COUNTY, WA City of Federal Way STAFF REPORT TO THE LAND USE AND TRANSPORTATION COMMITTEE PETITION FOR VACATION OF A PORTION OF SOUTH 298'rn STREET Federal Way File blo. 00- ! 03966-000-00-SV DATE: October 3 I, 2000 PROPOSED ACTION: Petition for vacation of a portion of South 298tk Street PETITIONER: Sound Engineering, Inc. LOCATION: See attached vicinity map, legal description and vacation map REPORT PREPARED BY: John Mulkey, Street Systems Engineer RECOMMENDATION: Grant Vacation L BACKGROUND Sound Engineering has petitioned the City to va .cate a portion of South 298t:' Street, to the east of Military Road. See the vicinity map, legal description (Exhibit A), and accompanying map of the area to be vacated (Exhibit B) for exact location. The right-of-way width in the area requested for vacation and re-alignment is sixty (60) feel The existing intersection of South 298* Street and Military Road is offset, with the western portion located approximately eighty (80) feet to the north of the eastern portion. The street vacation is being sought as a means to align the intersection of South 298t~ Street perpendicular to Military Road, and locating the intersection directly across Military Road from a continuation of South 298* Street. This vacation is being requested as part of a proposed development consisting of forty-six (46) lots north 'of South 298t~ Street, and two (2) lots south of the proposed re-alignment of South 298* Street. The re-alignment of South 298* Street will allow for the two additional single-family residences to be built in the vacated right-of-way. There are two (2) properties located on the eastern end of South 298* Street, which do not abut the right-of- way area to be vacated, but require South 298* Street for access. There is one property to the South of 298th Street abutting the area to be vacated, which also .requires South 298th Street for access. The access,to these properties will be maintained through the re-alignment of South 298th Street. IL CO1VI~L~CE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY ORDINANCE NO. 91-107 A. Mandatory Criteria: The following criteria are mandatory and must be met before a petition for a street vacation may be approved:~ Criteria #lA - The vacation provides a public benefit or is for a public benefit. The be'nefit ttta), ittclude econotnic o~" busittes$ support that the contmttttity ax a whole derb, es front the abutting property owner. October 3 I, 2000 S 298~t' Street Vacation Staff Report Page 2 The re-alignment and vacation of South 298a Street will locate the roadway so that the intersection is perpendicular to Military road and aligned directly across Military Road from a continuation of South 298u' Street. These improvements will bring the intersection into compliance with safety standards of the city of Federal Way, which allow the intersection angle to deviate from ninety (90) degrees by a maximum of fifteen (15) degrees. The current intersection angle deviates from ninety (90) degrees by approximately twenty-eight (28) degrees. The relocation of the South 298~h Street to a position directly across from the continuance of South 298a Street also eliminates conflicting movements for drivers who would travel through the intersection to the east or west. It would eliminate two (2) tuning movements, allowing drivers to proceed straight through the intersection. This is especially important with the expected increase in traffic expected from the development of this area to approximately two hundred (200) vehicles per day. This re- alignment has been requested by the Traffic Division as part of the approval process for this development. Criteria giB - The street, alley qr portion thereof is no longer required for public use. The street will be re-aligned wit~ a ~ew right-of-way location, not abandoned. Therefore this criteria is not applicable. Utilities will need to be relocated or an easement granted through the property if current locations are to be maintained. Criteria #lB - The vacation does not abut a body of water, such as a river, a lake, or salt water, except for a public purpose such as a park or port facility and which reverts to a public authority. This right-of-way is not located in the vicinity of a body of water, therefore this criteria is not applicable. B. Discretionary Criteria: Compliance with the following criteria is not mandatory, but the Council must consider them in making its decision. Criteria #2A/ - The vacation tneets the intent of the City's Comprehensive Plan~s general purposes and objectives- The City's Comprehensive Plan has a requirement of a sixty- (60) foot right-of-way for this classification of roadway, which is what is called out in the proposed plans for the development. The re-aligned roadway- will provide access to the proposed development, whifih will be the construction of forty-eight (48) new homes. The development will be high-density single family, as per the zoning criteria laid out in the City's Comprehensive Plan. Criteria #2B - The vacation provides for an exchange of public property in the public interest. The right-of-way will be re-aligned so the property will be exchanged for property in which the street will be located in an improved, safer location. Criteria #2C - Whether conditions ntay so change itt the future as to provide a greater use or need than presentO, exists. Because the vacation is for re-alignment of South 298~' Street to a new location, not' abandonment, the proposed~acation will provide for improved, safer future use to the area east of Military Road. Although the City's Comprehensive Plan does not call for the placement of an underpass beneath Interstate 5 along South 298a' Street at this time, the proposed intersection re-alignment would make such an option more viable. By re-aligning the intersection of South 298~t' Street and Military Road, the proposed re-alignment would provide for continuous straight movement through the intersection, eliminating two (2) tuning movements as is currently required. October 31, 2000 S 298~' Street Vacation Staff Report Page 3 Criteria #2D - Whether ob}ections to lite proposed vacation are ntade by owners of private properly (exclusive of petitioners) abutting the same.. The two (2) property owners abutting the proposed vacation, Dick Butko and Chanthaboun Phasavath, have both signed the Street and/or Alley Vacation Application and Petition and have raised no objections. Criteria #2E - The vacation would not interfere with fttture development or access to other existing or future developments. Because the vacation of South 298th Street is proposed for re-alignment to an improved, safer location, not abandonment, access to existing and future development would be improved, not diminished by the re- alignment and vacation of the right-of-way. Access to properties east of Military Road along South 298a' Street must be maintained throughoat the construction of the new roadway. Existing utilities, including water, gas, overhead power, cable, and telephone, must be either relocated or granted an easement through the property before vacation is allowed. III. RECOMMENDATION All criteria as set forth in Ordinance 91-107 for granting a street vacation have been met. The completion of the re-alignment of South 298~ Street will allow for the exchange of property with the vacation of the portion of South 298th Street. Staff recommends the petition for street vacation of a portion of South 298~ Street, east of Military Road, be granted under the condition that the above noted utilities are either relocated or granted easements through the property, and the re-location of South 298th Street is completed and accepted by the City. k:~stre~ts\vac, ation~south 298th street,-taft report 298th.doc DRAFT ° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A PETITION FOR VACATING A PORTION OF SOUTH 298vu STREET IN THE VICINITY OF THE INSTERSECTION OF SOUTH 298'm STREET AND MILITARY ROAD. WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of South 298th Street, in the vicinity of the intersection of South 2982 Street and Military Road; and WHEREAS, pursuant to Resolution 00-327, the Federal Way City Council held a public heating at its regular meeting on December 19, 2000 to consider the petition for vacation as required by state law and Federal Way City Code Section 13-102; and WHEREAS, following the conclusion of the public heating on December 19, 2000, the City Council determined that the proposed vacation complies with the vacation criteria specified in FWCC Section 13-102, as detailed in the staff report prepared by John Mulkey, Street Systems Engineer, dated October 13, 2000 and attached hereto as Exhibit A; and WHEREAS, no compensation will probably be requested of the abutting property owners, because one of the abutting property owners is dedicating a substitute right of way that will better serve the public interest by allowing for a realignment of S. 298th Street that allows for a perpendicular intersection with better site distance as well as reduced turning movements at the intersection of Military Road and S. 298th Street; and WHEREAS, in order to ensure the transfer of the substitute right of way, the Council RES # PAGE 1 wishes to defer adoption of an ordinance effectuating the vacation until the transfer is complete, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. The City Council finds that the Petitioners' request for a street vacation meets the criteria required in FWCC § 13-102. In support of this finding, the Council adopts and incorporates by reference the findings andconclusions of the staff report attached as Exhibit A. Section 2. Petition Granted. The petition for vacationofthe right of way identified in Exhibits B is hereby granted, subject to the adoption of a street vacation ordinance as required by FWCC § 13-103. The Council reserves the right to reconsider its granting of the Petition until the effective date of the street vacation ordinance identified in Section 3 herein. Section 3. Preparation of Ordinance. The City Attorney is directed to prepare an ordinance for the street vacation identified in Section 2 herein. The City Attorney shall prepare and submit the ordinance for adoption upon the satisfaction of the following conditions: A. All existing utilities within the right of way area to be vacated have been relocated into the new right of way or a utility easement has been granted to the City over existing utilities. B. The new street alignment of S. 298th Street involving the substitute right of way has been constructed and the City has accepted the construction. C. The City has verified that the substitute right of way is of equal or greater value than the vacated right of way. If the substituted right of way is of less value than the vacated RES # , PAGE 2 portion, the Petitioners shall have paid the difference to the City. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held 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. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall take effect immediately upon passage by the Federal Way City Council. RESOLVED by the City Council of the City of Federal Way this day of ,2000. 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~344vacat RES # , PAGE 3 MEETING DATE: December 19, 2000 ITEM# - ]/'~f....~ [ ~4.__~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Courtyard Village Developer Agreement Extension CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ X BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Memo to the Land Use and Transportation Committee dated November 15, 2000, Figure 1 map of parcel for proposed development, Development Agreement between City of Federal Way and Larry Draper SUMMARY/BACKGROUND: Larry Draper proposed constructing up to 300 units of senior housing on a parcel between Fred Meyer and the Twin Lakes Park-and-Ride Lot. The proposed project site was bisected by a planned extension of SW 341 st Place running east-west between 21 st Avenue SW and 19th Avenue SW. The extension of SW 341 st Place as described above is identified in the City's Comprehensive Plan and is classified as a minor collector. Mr. Draper requested a site-specific Comprehensive Plan amendment to eliminate SW 341st Place from the Comprehensive Plan because it divided the site. In the 1998 Comprehensive Plan Amendment approved by City Council on December 18, 1998, the Council approved Mr. Draper's site-specific request on the condition that a Developer Agreement be negotiated which would require Mr. Draper to acquire, construct, and dedicate the following to the City: 1) The extension of 19th Avenue SW beyond the south property line of the Courtyard Village site to the planned extension of SW 344th Street. 2) The extension of SW 344~h Street from the east property line of the Twin Lakes Park-and-Ride Lot to the extension of 19th Avenue SW. The Developer Agreement was executed on August 12, 1999 and required the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements by September 30, 2001. At the October 9, 2000 LUTC meeting, Mr. Draper requested a time extension for the construction and dedication of 19m Avenue SW and SW 344th Street extension improvements. The Committee tabled the time extension request until staff and the developer could meet. At the November 20, 2000 LUTC meeting, staff provided the following options for the Committee's consideration: Option A - To reject the request for a time extension for the construction and dedication of 19~h Avenue SW and SW 344th Street extension improvements and thus reinstating SW 341st Place back into the City's Comprehensive Plan as a planned street. Option B - To approve a two- (2) year time extension for the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements, which shifts the starting point of the Courtyard Village project from Spring 1999 to Spring 2001. This option would require the two street extension improvements to be completed by September 30, 2003. - To approve a three- (3) year time extension for the construction and dedication of 19th Avenue SW and Street extension improvements, which shifts the starting point of the Courtyard Village project from Spring 1999 to Spring 2001 and grants an additional one year above and beyond what the original Developer Agreement provided. This option would require the two street extension improvements to be completed by September 30, 2004. CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 20, 2000 meeting, the Land Use and Transportation Committee discussed the Existing Developer Agreement, suggested options for time extensions and recommended the following: 1) Approval of Option B with respect to Mr. Draper's request for a time extension of the existing Developer Agreement between the City and Mr. Draper. 2) Authorize the City Manager to execute an amendment to the existing Developer Agreement consistent with Option B, requiting the two street extension improvements to be completed by September 30, 2003. CITY MANAGER RECOMMENDATION: Motion to approve Option B with respect to Mr. Draper's request for a time extension associated with the existing Developer Agreement between the City and Mr. Draper. Further to authorize the City Manager to execute an amendment to the existing Developer Agreement consistent with Option B, requiring the two street extension improvements to be completed by September 30.,_ 200,3. _.fy^. .... ................. ........................................................................................................... (BELOW TO BE COMPLETED BY CITY C~LERK'$ OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # k:\council\agdbills\2000\courtyard vill dev agrmnt.doc RESOLUTION # DATE: November 15, 2000 TO: Phil Watkins, Chair Land Use and Transportation Committee FROM: Cary Roe, Public Works Director ~5~5,._ VIA: David H. Mo.se~~mager SUBJECT: Courtyard Village Developer Agreement Extension BACKGROUND Larry Draper proposed constructing up to 300 units of senior housing on a parcel between Fred Meyer and the Twin Lakes Park-and-Ride Lot, as shown in Figure 1. The proposed project site was bisected by a planned extension of SW 341 ~ Place running east-west between 21 ~ Avenue SW and 19'h Avenue SW. The extension of SW 341s' Place as described above is identified in the City's Comprehensive Plan and is classified as a minor collector. Mr. Draper requested a site-specific Comprehensive Plan amendment to eliminate SW 341 st Place from the Comprehensive Plan because it divided the site. In the 1998 Comprehensive Plan Amendment approved by City Council on December 18, 1998, the Council approved Mr. Draper's site-specific request on the condition that a Developer Agreement be negotiated which would require Mr. Draper to acquire, construct, and dedicate the following to the City: 1. The extension of 19th Avenue SW beyond the south property line of the Courtyard Village site to the planned extension of SW 344a' Street. 2. The extension of SW 344'h Street from the east property line of the Twin Lakes Park-and- Ride Lot to the extension of 19th Avenue SW. The Developer Agreement was executed on August 12, 1999 and required the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements by September 30, 2001. A copy of the Developer Agreement is attached for your reference. ACTION At the October 9, 2000 LUTC meeting, Mr. Draper requested a time extension for the construction and dedication of 19~ Avenue SW and SW 344th Street extension improvements. The Committee tabled the time extension request until staff and the developer could meet. Staff now offers the following options for the Committee's consideration: Option A - To reject the request for a time extension for the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements and thus reinstating SW 341~ Place back into the City's Comprehensive.Plan as a planned street. Option B - To approve a two- (2) year time extension for the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements, which shifts the starting point of the Courtyard Village project from Spring 1999 to Spring 2001. This option would require the two street extension improvements to be completed by September 30, 2003. Option C - To approve a three- (3) year time extension for the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements, which shifts the starting point of the Courtyard Village project from Spring 1999 to Spring 2001 and grants an additionalone year above and beyond what the original Developer Agreement provided. This option would require the two street extension improvements to be completed by September 30, 2004. RECOMMENDATION Due to the amount of City Council involvement with the terms and conditions of the Developer Agreement with Mr. Draper, staff is seeking direction from the Committee on this matter. RAP:jif k:\lutc\2000\devagrmntext2.doc Note: This map is intended k?r use as a ~.~c~. **mpmsentaUon on/y. Map n-ade by-RPP The Clty of Federal Way maKes no warratxy as m ~s accuracT. 1999~8310~030'/ '. ~613tlt999 After r~rding, ret~ to: City of F~eral Way Attn: Bob (Smffn~e) 33530 1st Wa3 Sou~ Federal Way, WA 98003 DOCUMENT TITLE: D'eve, lopment Agreement Between City of Federal Way, and Larry Draper GRANTOR: Yen, Chen, Chang and Associates and Draper, GRANTEE: City of Federal Way PARCEL A LEGAL DESCRIPTION: Portion of SE ¼ of NE ¼ of S. 24, T. 21 N, R. 3 E in King Co., WA. (Additional Legal on Exhibit A) PARCEL B LEGAL DESCRIPTION: Portion of SE ¼ of NE ¼ of S. 24, T. 21 N, R. 3 E in " King Co., WA. (Additional Legal on Exhibit A) ASSESSOR'S PROPERTY TAX PARCEL: Parcel A/4 242103-9006 Parcel B /4 242103-9054 REFERENCE NOS. of other Documents N/A (x, oa't ~h- aECO~X)l~O ONLY_. NO L~BIU~ ~R y~~ tOR /31 6-ff K:\pubworks\ctydvill.628a DEVELOPMENT AGREEMENT BETWEEN CITY OF FEDERAL WAY, AND LARRY DRAPER This.Agreement, made and entered into this (::r' day of,~a-~7-1999, by and between · Yen, Chen, Chang and Associates ("Chen'), a Washington general parmership and ~a~'ene~44. * Draper ("Draper"), on the one hand, and the City of Federal Way, Washington, a municipal corporation ("City"), on the other (collectively' " the parties"). *Larry II. /~ RECITALS' A. Chen is the owner of two parcels of undeveloped real property, Parcel A (also known as Tax Lot 6) and Parcel B (also known as Tax Lot 54). Parcels A and B are referred to collectively herein as "the Property," and are located in the City of Federal Way, adjacent to 341a Place and 19'" Avenue SW. The parcels are legally described in Exhibit "A" and depicted on .-Exhibit "B" attached hereto and incorporated herein. B. Draper has entered into a contract to purchase Parcel A (Tax Lot 6), and wishes to develop a senior housing complex on it. Draper proposed to build the senior housing in two phases: Phase I on Parcel A (Tax Lot 6), and Phase II on Parcel B (Tax Lot 54). The project is proposed t° be named Courty.ard Village. 341~t Place South, as shown in the Transportation Element of the City's 1995 Comprehensive Plan, would bisect the planned project. C. During the City's 1998 annual review of its Comprehensive Plan, Draper requested that the City delete 341" Place from the Transportation Element, to facilitate development of Courtyard Village. D. The Council agreed, on the condition that, as part of the project and in addition to · those conditions that may be administratively imposed as permit conditions, Draper enter into a development agreement providing for improVement of 19t" Avenue SW from the south boundary of Parcel A (Tax Lot 6), along the east boundary of Parcel B (Tax Lot 54) to SW 344~ Street, and improvement of 344t~ west.'to connect with the'portion of 344t~ that the Washington Department of Transportation (" WSDOT") is to install as part of its construction of'the Federal Way Park-' n- Ride No. 2. KIHG COUNTY, FIRST AHERICAH AG 21 .00 D~velopment Agreement · City of Federal Way and Draper - Courtyard Village project I South 344* Street Page 2 E. .Cben and Draper wish to enter into a development agreement with the City, to fulfill the condition set by the Council for its deletion of 341" Place from the Transportation Element of the Comprehensive Plan. F. The City has authority under RCW 36.70B. 170-.210 to enter int9 a development agreement to delineate the development standards governing development and use of property. NOW, THEREFORE, for and in consideration of the City's deletion of 341a Place from the Transportation Element of the Comprehensive Plan, the parties agree as follows: 1. Development of Property.. Draper and Chert covenant and agree that, as part of the development of Parcel A (Tax Lot 6), Diaper or any other party developing the Property' will engineer, design, construct and improve 19~h Avenue SW, commencing at the south boundary of Parcel A (Tax Lot 6) and extending along the east boundary o~f Parcel B (Tax LOt 54) south to SW 344a' Street. Draper and Chen also covenant and agree that, as part of its development of the Property, Draper or any other pax~y developing the Property will engineer, design, construct and improve SW 344a' west to connect with the portion of SW 344a' that WSDOT is to install as part of its construction of the Federal Way Park-'n-Ride No. 2. The location of the streets to be ..constructed and improved are shown on Exhibit "B" attached hereto and incorporated herein by reference. Following completion of construction and required maintenance to the City's satisfaction, as evidenced by the City's acceptance, Draper and Chen shall dedicate said streets to the City as public rights of way. The timing and scope of the improvements and dedication required herein, as well as other requirements governing the improyements, are set forth in Paragraphs 2 - 7 below. 2. Extent o.f Improvements Required. Draper and Chen covenant and agree that the 19th Avenue SW and SW 344a' Street will be improved as follows: 2.1: 19th Avenue SW will be improved in accordance with the standards for a minor collector, as set forth in Chapter 3 of the Federal Way Comprehensive Plan, Roadway Cross Section S, Figure III-3, except that on the east side of the street, Draper need not construct or install a planter strip, street lights, street trees or sidewalk. 2.2. SW 344th Street will be improved in accordance with the standards for a Principal Collector, as set forth in Chapter 3 of the Federal Way Comprehensive Plan, Roadway Cross Section K, Figure III-3, except that on the south side of the street, Draper need not construct or install a planter strip, street lights, street trees or sidewalk. FIRST ~tlERICP~ fig ZI .00 ; Development Agreement - City of Federal Way and Draper - Courtyard Village project I South 344* Street Page 3 .2.3. Improvements to both 19th Avenue SW and SW 344a~ Street shall include all utilities, including surface water drainage, sanitary sewer, water, lighting, power, telephone, and cable television, in accordance with the requirements of the Federal Way City Code. 3. Timing of Construction and Dedication of Improvements. 3.1. Dral~er and Chen covenant and agree that, regardless of the date of commencement of construction of Courtyard Village (subject to Paragraph 8.6 below), Draper or any other party developing the Property will commence construction of the improvements described herein no later than July 1, 2001 and will complete construction to the City's satisfaction no later than September 30, 2001. 3.2 Draper and Chen covenant and agree that Draper or any other party developing the Property shall obtain all necessary permits and appro~rals from the City of Federal Way prior to commencement of construction. 3.3. Draper and Chert covenant and agree that, following completion of ..construction and satisfactory maintenance of the street (as determined by the City in its sole discretion) for two years, Draper and Chen will within 30 days of the City's demand deliver a statutory warranty deed, in a form in accordance with Federal Way City Code requirements and acceptable to the City Attorney. The deed shall dedicate the segments of the 19th Avenue SW and SW 344a~ Street. rights-of-way specified herein to the City for public travel and utilities. The rights-of-way dedicated shall meet the standards for minor and principal collectors Roadway Cross Sections S and K, respectively, as applicable. 4. Bonding of Improvements. Draper and Chen covenant and agree that Drfiper or any other party developing the Property will provide performance and maintenance bonds to insure his performance herein and maintenance Of the improvements once constructed. The bonds shall be in a form acceptable to the City Attorney and in accordance with the requirements of the Federal Way City Code, including but not limited to Sections 22-146 - 22-175. Draper or any other party develOping the Property shall provide the bonds meeting the requirements of this Paragraph prior to the City's issuance of a building permit for Courtyard Village or other development of Parcel A (Tax Lot 6). KII~G COIJI~TY, I~lgl FIRST O~I~RICI~ gig 21.00 Development Agreement City of Federal Way and Draper - Courtyard Villagd project / South 344~ Street Page 4 5. . Latercomers' Agreement The City agrees that Draper may seek City Council approval of a Latecomers' Agreement, to enable Draper to seek reimbursement for the costs of the improvements described herein from other property owners who develop in the future adjacent to 19th Avenue SW or SW 344* Street and are not required to construct street improvements because the improvements they would be required to install have already been constructed by Draper. City Council review and approval of any such Lat{~zomers' Agreement shall be pursuant to FWCC 20-206 et seq. 6. Property Acquisition The City further agrees that, to the extent allowed by applicable law, it will exercise its power of eminent domain to acquire right-of-way necessary for construction of the improvements described above; PROVIDED, however, that it will do so only under the following conditions: 6.1 That Draper is unable to practicably acquire the property for fair market value, as demonstrated by a written offer and rejection Of or expiration of that offer and an MAI ..appraisal acceptable to the City indicating that the rejected or expired offer was equal to or greater than the fair market value of the subject property; and 6.2 That Draper pay the cost of the property acquired and all of the City's costs, including staff and consultant time, attorneys' and appraisers' fees, and all other costs incurred in exercise of the City's power of eminent domain hereunder. 7. Environmentally Sensitive Areas In the event that the route contemplated for the extension of 19th Avenue SW and SW 344a~ Street encroaches upon any environmentally sensitive areas as defined by the FWCC, the City agrees that it will cooperate with Draper in identifying alternate routes and/or roadway configurations for the improvements required herein. 8. General Provisions. 8.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended to protect the value of the Property, as well as the public health, safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to Draper and Chen, and to the City, from this Agreement shall run with the land and shall be binding upon Draper and Chen and their heirs, successors, and assigns, and upon the City of Federal Way. 19990831000307 08/51/1999 09:40 71.00 irlp,$T ~RI~ ~G D~elopment Agreement City of Federal Way and Draper - Courtyard Village project I South 344'a Street Page 5 8.2. .Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 8.3 Recording. This Agreement shall be recorded against the Property. 8.4. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application t° other persons or circumstances. 8.5 Authority. The City, Draper, and Chen each represent and warrant to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on their behalf are duly authorized to do so. Chen and Draper further represent and warrant that they are the fee owners and contract purchasers, respectively, of Parcel A (Tax Lot 6) and Tax Lot 54, that they have authority to agree to the covenants contained herein, and that there are no other persons, entities, or parties with any ownership interests in the property. 8.6 Term of Agreement. This Agreement shall remain in full force'and effect unless amended or terminated by the mutual agreement of the parties; provided, however, that this Agreement shall be void if City does not grant approval for development on Parcel A. (Tax Lot 6) by July 1, 2001. If this Agreement becomes void pursuant to this Paragraph,'Draper and Chen agree that 341" Place shall be reinstated as part of Comprehensive Plan Transportation Element without need for further City Council action, and that any development on the Property (either Parcel A or B) approved after July 1, 2001 will include construction of all road imprOvements required by the FWCC for 341" Place, at no cost to the City. 8.7 Amendment. This Agreement may be modified only by a written instrument duly executed by all parties; provided, however, notwithstanding any provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of Draper o.r Chen, adopt and impose upon the Property restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. 8.8 Exhibits A -B attached hereto are incorporated herein by this reference as if fully set forth. 8.9 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 19990831000307 08/$1/1999 09:40 Development Agreement City of Federal Way and Draper - Courtyard Village project I South 344t~ Street Page 6 8.10 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof, which is the deletion of 341'~ Place from the Transportation Element of the City of Federal Way ComprehenSive Plan. There are no other agreements, oral or written, except as .expressly set forth herein. This Agreement does not set forth all conditions applicable to the development of the Property; additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Developmenf Services and/or Public Works. 8.11 Indemnification. Draper and Chen release and agree to defend,-indemaify, and hold harmless the City and all of its elected and appointed officials, and its employees and agents, from all'liability, claims, appeals, and costs, including the c6sts of defense of any claim or appeal, arising in connection with this Agreement, the deletion of 341,t Place from the City's Comprehensive Plan Transportation Element, and/or the City's review, approval, conditional approVal, or denial of any permits or approvals requested or necessary for development of the Property, except to the extent any liability, claim, appeal or cost results from the sole negligence of the City or its officers, agents, or employees in performing this Agreement. 8.12 Enforcement. In the event Draper or Chen fails to satisfy any of their obligations "under this Agreement, the City shall have the right to enforce this Agreement at both law and equity, including but not limited to enforcing this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate remedy for breach. In addition, Draper's or Chen's failure to satisfy any of his obligations in this Agreement shall constitute a breach of contract and shall be grounds for termination of this Agreement by the City. 8.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State ConStitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 36.70B. 170-.21'0. 8.14 Effective Date. This Agreement shall be effective on the effective date of the City's Ordinance approving this Agreement, and the execution of this Agreement by duly authorized representatives of each party. Pg~GE 00? 0(: (}14 (}8/151/1999 09: 4(} KING COONT¥o f'IRST ~RIC~H ~C ~t .eo - Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344~ Street Page 7 IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year. indicated. CITY OF FEDERAL WAY BY: ~ EP~.~ybe Approved as to Form ~"Kenneth. rg for City of Federal Way: City Manager City Attorney,, Londi K. Lit{dell -, 1999. N. Christine Green, CMC Federal Way City Clerk' FIRST AI~RICAHAG ZI.OO Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344* Street Page 8 LA-V~'%EH~-E H. DRAPER ,-~arry Larry Approved as to form for~rcnee-H. Draper by: YEN, CHEN, CHANG AND ASSOCIATES Its: Date: Approved as to form for Yen, Chen, Chang and Associates by: Development Agreement City of Federal Way and Draper - Courtyard Village project / SOuth 344* Street Page 9 'STATE OF WASHINGTON) ) SS. COUNTY OF KING ) ' · . / On this day, personally appeared before me, the(undersigned, a Notary Public in and for the Statee' of Washington, duly commissioned and sw6rn,~l~ to me known to be the~c'e~ty~ 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 ~c/ day of ~Jo ~_~ , I999. (notary signamr..~ .. . SI,~I[ OF I~,~$}ti~IGIOI~ (typed/printed name of notary) ~i01~¥-o- PU[t[.I¢ Notary Public in and for the State ~ ~0ttl/l~108 [XPtiE$ t-29-02 of Washington. ~, My commission expires: /-O-~]~02L 19990831000:30? 08/31/1999 09:40 KIHG COIJ~'[Y, t. lgt DeveloPment Agreement City of Federal Way and Draper.- Courtyard Village project ! South 344t~ Street Page I0 STATE OF ~__/5oa,~,a~--,') ss. COUNTY OF KING ) LARRY On ~is day ~omlly ~p~r~ ~fore me ~~~ H. D~ER, to me ~own to ~ ~e individual d~cri~ ~ and who ex~ut~ ~e forego~g i~ent, and on oa~ swore ~t he/shelley ex~ut~ ~e foregoing i~t~ment as his fr~ and volunm~ act and d~ for ~e uses and pu~ses ~erein mentionS. ~~ ~ / (~m~ sig~mre) SUSAN E PRINCE ~u,~o,,o. 3,~ I ' uv ~um~ ~P~.ES SEPS. ~. ~1 (typ~/print~ nme of nom~) Nom~ ~blic in and for ~e State.of FIRST ~'IERIC~ RG Development Agreement City of Federal Way and Draper - Courtyard Village project I South 344~ Street Page 11 STATE OF WASHINGTON) ) SS. COUNTY OF KING ) · On this day personally appearS, before me, the undersigned Notary Public in and for the State of Washington, duly co~anissioned and sworn, --~//~/e ~-~:~_ ~/~/ , to me known to be the General Partner of YEN, CHEN, CHANG AND ASSOCIATES, the Washington general parmership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said parmership, for the uses and purposes therein mentioned, and on oath stated that he/she/they was/were authorized to execute said instrument on behalf of said partnership. GIVEN my hand and official seal this I ~ day of ~c)6-o~ 7- , 1999. J~FFREY d. BENTON ]. (no~ry s~gnature) STATE OF WASHINGTON J (t¥l:~d/printed ' of notary) COMMISSION EXPIRES ] name OCTOBER 29, 2002 ~ Notary Public in and for the State of Washin¢on My. commission expires: 08/31/1999 09:40 FIRSt ~ERIC~ ~G 21 .00 Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344* Street Page 12 EXHIBIT A - LEGAL DESCRIPTIONS parcel A (Tax Lot 6) The North 412 feet of the 'Southeast Quarter of the Northeast Quarter of Section 24, Township 21 North, Range 3 East, W.M., in King County, Washington; except the East 264 feet thereof; and except the North 382 feet of the West 500 feet thereof; and except the West 30 feet thereof conveyed to King County for road purposes by deed recorded under Recording No. 842325; and except that portion deeded to the Federal Way School District No. 210 by deed recorded under Recording No. 9303112451. Parcel B (Tax Lot 54) The West 475 feet, of the East 739 feet, of the South 411.24 feet, of the North 823.24 feet of the Southeast 1/4 of the Northeast 1/4 of Section 24, Township 21 North, Range 3 East W.M., in -King County, Washington. COU~A~ MILLA~E .JOHN LA~, KIHG COUUTY, Lin FIRST ArtERICRU RG ZI .Lagl SW 341 100 0 100 200 300 400 Feet W'~ ~, S Figure 1 FederalWay ' CityMap I Parcels Note: This_map is intended ~r use as a gra..phic~l. ..r~resenta~on only. CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ X BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: None SUMMARY/BACKGROUND: Councilmembers will select their representative and alternate to represent the City of Federal Way in the Airport Communities Coalition. CITY COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: Motion to confirm the appointments of the city's representative and alternate to the Airport Communities Coalition. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED ORDINANCE # TABLED/DEFERRED/NO ACTION RESOLUTION # CCCOVER-I/26/00 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CANCELLATION OF JANUARY 2, 2001 REGULAR MEETING CATEGORY: BUDGET IMPACT: __CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ X BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: None SUMMARY/BACKGROUND: Mayor Park is recommending the Conncil suspend rules to provide for the cancellation of the City Council regular meeting scheduled for January 2, 2001. CITY COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: Move to suspend Council Rules of Procedure for purposes of canceling the January 2, 2001 regular City Council meeting. APPROVED FOR INCLUSION IN COUNCILi /~ ~ PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Cluster Subdivision Code Amendments CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION Amount Budgeted: $ X ORDINANCE STAFF REPORT ExpenditureAmt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Draft Ordinance. Background Materials- Draft Ordinance, History of Changes, October 30, 2000 Report to the Land Use Transportation Committee (LUTC) including Planning Commission Staff Report (Exhibit B), Summary of public comment form August 16, 2000 public meeting (Exhibit C), letters (Exhibit D). SUMMARY/BACKGROUND: The City Council adopted a moratorium on cluster subdivisions last July in order for the Planning Commission and City Council to review existing regulations and determine if changes should be made. The Planning Commission conducted public hearings on September 20 and October 4th, 2000. The LUTC reviewed the Planning Commission recommendations on November 6~h and 20~ and December 4~ and conducted a field trip of small lot development on November 13~, 2000. The changes include incorporating a purpose statement, approval criteria, changes to the open space requirement, and addition of design CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed amendments during a public meeting on November 6, and 20th, and December 4~, 2000 and recommended to forward the proposed amendments to the full Council for first reading on November 21, 2000. CITY MANAGER RECOMMENDATION: Motion to move to second reading and enactment at the next regular meeting. APPROVED FOR INCLUSION IN COUNCIL (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED ORDINANCE # TABLED/DEFERRED/NO ACTION RESOLUTION I:\2000 Code AmendmentsLMiscellaneous Code Amendments\Council Cover Agenda. doc/12/12/00 3:07 PM DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL. WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE AND CHAPTER 20, THE FEDERAL WAY SUBDIVISION CODE, ADOPTING SPECIFIC AMENDMENTS, AND ADDING NEW REGULATIONS FOR CLUSTER SUBDIVISIONS. A. Amendments t° the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and B. The Federal Way City Council has considered proposed changes to the FWCC regarding cluster subdivisions; and C. The Federal Way City Council, pursuantto FWCC 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission as a priority item for its review and recommendation; and D. The Federal Way Planning Commission, having considered the Proposal at public hearings during 2000 on September 20, and October 4, pursuant to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC Section 22-528; and E. The public was given opportunities to comment on the Proposal during the Planning Commission review; and ORD # , PAGE 1 F. The City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on September 8, 2000; and G. Following the public hearings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments adding sections to the FWCC as noted previously; and H. The Federal Way Land Use and Transportation City Council Committee met on November 6, 2000, to consider the recommendation of the Planning Commission; and has moved to forward the Proposal, with amendments, to the full City Council; and I. There was sufficient opportunity for the public to comment on the Proposal; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findinqs. After full and careful consideration,the City Council of the City of Federal Way makes the following findings with respectto the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the state's Growth Management Act; and 2. The Federal Way Comprehensive Plan contains policies that call for a variety of housing types, protection of single family neighborhoods and encourage open space; and ORD # , PAGE 2 3. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on September 8, 2000; and 4. The proposed code amendments would not adversely affect the public health, safety, or welfare; and 5. The Planning Commission, following notice thereof as required by RCVV 35A.63.070, held public hearings on the proposed regulatory amendments and has considered the testimony, written comments, and material from the public by and through said hearings. Section 2. Conclusions. Pursuant to FWCC Section 22-216 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 Proposal is consistent with the following Comprehensive Plan goals and policies contained in the Land Use and Housing chapter LUG 3 Preserve and protect Federal Way's single-family neighborhoods. LUP 1 Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP 10 Support. a diverse community comprised of neighborhoods which provide a range of housing options; a vibrant City Center; well designed and functioning commercial areas; and distinctive neighborhood retail areas. LUG 1 Improve the appearance and function of the built environment. LUG 3.1 Provide wide range of housing densities and types in the single family designated areas. ORD # , PAGE 3 LUP 16 Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in-fill. LUP 18 Encourage the development of parks and the dedication of open space in and adjacent to residential areas to preserve the natural setting of Federal Way. LUP 19 Consider special development techniques (e.g. accessory dwelling units, zero lot lines, lot size averaging, and planned unit developments) in single- family areas, provided they result in residential development consistent with the quality and character of existing neighborhoods. LUP 20 Preserve site characteristics that enhance residential development (trees, watercourses, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, and lot size averaging. HG 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HP 16 Consider reducing minimum lot sizes to allow construction of smaller. Detached single-family houses on smaller lots. HP 27 Encourage new residential development to achieve maximum allowable density based on net building area. Section 3. Amendment. The Federal Way Subdivision Code, Chapter 20, and Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A and by this reference is incorporated herein. Section 4. 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 4 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 take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of FederalWay this day of ,2000. 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. ORD # , PAGE 5 Attachment "A" Chapter 20 Subdivision Code Sec. 20-153. Density (a) All lots in conventional subdivisions shall meet the density and minimum lot size requirements of chapter 22. Calculation of density in subdivisions shall not include streets or vehicle access easements. (b) Lots created in cluster subdivisions may be below the minimum lot size requirements of 6hapter 22, Zoning, provided the total number of lots created does not exceed the number which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space. The total number of lots permitted will be calculated by subtracting the required open space 15 percent and subtracting 20 percent for streets from the gross land available, then dividing by the minimum lot size of the underlying zoning district. Sec. 20-154. Cluster Subdivisions Purpose - The purpose of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent with the site and the Comprehensive Plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; and promote usable open space. (a) In order~ ...... ~ ............ a ,~, .... ,,~,.,;^. ^r.~, .... ~ r,~o, ......... ~ ~o ,.,.,a .... a ;.., o; .... a ..,~.,o,..a ;,...~,,o+ ..... +~.,. o;+,, The gross land area available for cluster subdivisions must be a minimum of two acres. (b) Lots created in a cluster subdivision may be reduced in size below the minimum required in chapter 22, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 3600 5000 square feet per lot, provided that minimum setback requirements are met. This provision cannot be used together with section 22-0967(d)(1) (affordable housing bonus). (c) When the cluster subdivision abuts an established single family use or zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. (d) Cluster lots may not be created on slopes of 15 percent or greater. (e) Open space. Cluster Subdivisions Amendments Page ! Attachment A (o) 1_ Open space created by through cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. 2. Any subdivision created by this section must provide all open space on-site and it must be all usable except up to five percent can be buffer. 3. Ail usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. (-d) (f) Cluster subdivisions can be constructed with zero-lot lines under the following 1. No more than two units shall share a common wall. 2. Zero-lot line cannot occur in zones of RS 9.6 or greater. 3. Each dwelling unit shall be built to respect privacy of abutting homes. 4. Zero-lot line development cannot exceed 10 percent of the lots proposed unless it is in a multi-family zone. 5. Each unit shall be intended for owner occupancy. emd it must al! be usable. (g) Cluster lots are not eligible for accessory dwelling units under Section 22-613 or 22-648, Approval Criteria - The innovative or beneficial overall quality of the proposed development shall be demonstrated by the following criteria: (a) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single family housing on adjacent properties. (b) The subdivision results in common open space at least 10 percent of the gross land area, which is identified with the development and easily accessible to residents. (c) Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible as approved by the community development services director. (d) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. (e) Each dwelling unit shall meet the design standards in the FWCC Community Design Guidelines for cluster subdivisions. Cluster Subdivisions Amendments Page 2 Attachment A Chapter 22 Zoning Article XIX. Community Design Guidelines Sec. 22-1640. Design for cluster residential subdivision lots (a) Garages shall be provided for all residential lots except if the lot is in a multi- family zone. (b) Front entryways should be the prominent feature of the home. Attached garages should not compose more than 40 percent of the front faqade of the a single family home if the garage doors are flush with the front faqade, or will be setback a minimum of five feet from the rest of the front faqade. Detached garages should also be setback a minimum of five feet from the facade. (c) If garage access is provided from alleys, the front yard setback can be reduced to 15 feet. (d) Each dwelling unit shall be intended for owner occupancy. Cluster Subdivisions Amendments Page 3 Attachment A Sec. 22-613. Accessory dwelling units. The following uses shall be permitted in the suburban estate (SE) 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 MAXIMUMS E ILEQUIKED YAP. DS .~ ~ ZONE ~- 8 ~ ~ SE USE ~ ~ ~ ~ ~ ~o § ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ SPECIAL REGULATIONS AND NOTES Accessory dwelling >rocess I See 30' 10' 10' See 30' above I See note 5. I. An accessory dwelling unit (ADU) shall meet the definition outlined in Section 22-1. Minimum lot size for ADI. Js is unit (ADU) in single note I. note 2. average based upon the minimum lot size for the existing primary dwelling unit as set forth in Section 22-596. The minimum lot family residences building size from 22-596 is 5 acres. elevation 2. Only one ADU may be created per subject property. Thee ADU and tbe primary dwelling unit togethershall not exceed the maximum lot coverage prescribed in Section 22-596. 3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance oftbe building remains that ora single-family residence. The design and size of an ADU and the primary dwelling unit shall conform to all applicable standards in the zoning, building, plumbing electrical, mechanical, fire, health, and any other applicable codes, as required for any new construction. All ADU's and primary dwelling units shall also meet the minimum standards of the Uniform Housing Code. Certification by appropriate utility providers of availability of sufficient water, sewer and/or septic services to the proposed ADU, must be provided as part of the application. 4. Refer to Article XVII, Landscaping, for appropriate requirements. 5. Standard parking requirements are set forth under Section 22-631. Beyond these requirements, one additional of larking space is required for an ADU. 6. Section 22-946 contains regulations regarding home occupations and other accessory uses, facilities and activities issociated with this u~. Home occupations are not allowed in an ADU 7. ADUs may be accessed through the entrance to the primary dwelling unit or through an additiunaientranceun the side or rear of the residence. Only one entrance is allowed on the front of the residence. 8. The property owner, must reside in either the primary dwelling unit or ADU for 6 months or more of each calendar tear, and at no time receive rent or other compensation for the owner-oceupiod unit. 9. An ADU shall contain between 300-800 sq. ft., but shall not exceed 40% of the sq. fr. of the primary dwelling unit. The unit shall have no more than two bedrooms. 10. No more than one single housekeeping unit may occupy an ADU. 11. Application for an ADU permit shall be made to the Department of CommunityDevelopmentScrvicesin accordance with the permit procedures adopted by the Department, and shall include a letter of applicetiun from the owner(s)stating that the owner(s) shall occupy one of the dwelling units on the premises, except for bona fidetemporaryabsences, for six ' months or more of the calendar year. An ADU application shall also be filed as a deed restriction with the King County Department of Records and Elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this code. Cancellation of an ADU's registration may be accomplished by the owner filing a letter with the Department of Community Development Services for recordingut the Department of Records and Elections, or may occur as a result of an enforcement action. 12. For sign requirements that apply to the project, see Article XVIII. 13. ADUs are not permitted on cluster subdivision lots under section 20-154(g). Process I, II, III and IV described in For other information about parking and parking areas, see § 22-1376 et seq. ~ 22-386--22411, 22.431--22-460, 22.476.--22.498 respectively. For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 95-245, § 3(c), 11-21-95; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-648. Accessory dwelling units (continued). USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS MINIMUMS MAXIMLrMS r.~ REQUIRED YARDS z ZONE ~- RS ~c~ ~ ~ $ 07 Pa ~ t~ ~. SPECIAL REGULATIONS AND NOTES 11. Application for an ADU permit shall be made to the Department of Community Development Services in accordance with the permit procedures adopted by the Department, and shall include a letter of application from tile owner(s) stating that the owner(s) shall occupy one of the dwelling units on the premises, except for bona fide temporary absences, for six months or more of the calendar year. An ADU application shall also be filed as a deed restriction with the King County Department of Records and Elections to indicate the presence of an ADU, the requirement of owner occupancy, and erbar standards for maintaining the unit as described in this code. Cancellation of an ADU's registration may be accomplished by the owner filing a letter with the Department of Community Development Services for recording at the Department of Records and Elections, or may occur as a result of an enforcement action. 12. For sign requirements that apply to the project, see Article XVIII. 13. ADUs are not permitted on cluster subdivision lots under section 20-154(g). Process I, II, Ill and IV are described in For other information about parking and parking areas, see § 22-1376 et seq. ~ 22-386--22-41 I, 22.431--22-460, 22.476--22.498 respectively. , For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 95-245, § 3(d), 11-21-95; Ord. No. 97-291, § 3, 4-1-97) Cluster Subdivision Regulations History of Changes 1. Purpose Statement: Current Code Language: None Options reviewed by Planning Commission: a. Provide efficient arrangement of structures for providing services and infrastructure b. Encourage sense of community c. Promote owner-occupied homes d. Promote maximum density e. Promote flexibility and variety of housing types consistent with the Comprehensive Plan f. Promote architectural compatibility with housing on adjacent properties g. Promote affordable housing h. Promote usable open space and/or protects environmentally sensitive areas i. Reduce amount of impervious surface Staff Recommendation: Purpose: Provide flexibility, sensitivity and innovation consistent with the site and the Comprehensive Plan, promote compatibility with housing on adjacent properties through lot size and design, promote affordable housing, reduction of impervious surface and usable open space. Planning Commission Recommendation: Purpose: Provide des~qn flexibility, sensitivity to surroundinq environment and innovation consistent with the Comprehensive Plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; and promote usable open space. LUTC Recommendation: No change to Planning Commission. 2. Applicability Current code language: requires a minimum of 2 acres in any residential zone to do a cluster subdivision Staff Recommendation: No change. Planning Commission: No change. LUTC Recommendation: No change. 3. Density Existing language- Sec. 20-153 (b) Lots created in cluster subdivisions may be below the minimum lot size requirements of chapter 22, Zoning, provided the total number of lots created does not exceed the number, which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space. The number of lots will be calculated by subtracting the required open space 15 percent and subtracting 20 percent for streets from the gross land available, then dividing by the minimum lot size of the underlying zoning district. Staff Recommendation: No change. PC: No change LUTC: No change. 4. Lot size Existing language- Sec 20-154 (b) Lots created in cluster subdivisions may be reduced in size below the minimum required in chapter 22, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 3,600 square feet, per lot, provided that minimum setback requirements are met except as allowed for in (d) below. This provision cannot be used together with section 22-967 (d) (1) (affordable housing bonus). Options PC reviewed a. When the cluster subdivision abuts an established single family use or zoned neighborhood, the lots in the proposed development immediately adjacent (shares property lines) shall be no less than the neighboring lot size, or the underlying zoning minimum lot size, whichever is smaller. b. When the cluster subdivision abuts an established single family use or zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10%, whichever is smaller. c. When there is a natural separation such as a ravine, wetland, stream, sensitive area setback, or a manmade separation such as a passive or recreational park, or major arterial that provides a minimum of 50 feet buffer between adjacent properties, neither a or b above apply. d. Require all cluster lots to be half of the underlying zoning district with a minimum of 5,000 square feet. e. No change. Lots may be reduced up to one half the underlying zoning as long as they are over 3600 square feet. f. Cluster lots may not be created on sloped lots of 15 percent or greater. Staff recommendation: A combination of a or b and c and f. Planning Commission recommendation: b, c, and f. LUTC: b, d, and f and reduced minimum lot size to 5,000 square feet. 5. Open Space Existing Language- Any subdivisions created by this section must provide all open space on-site and it must all be usable. Staff Recommendation: Add language to approval criteria to make cluster subdivision open space readily identifiable with the development and easily accessible to the residents. Planninq Commission: Add the following language: Any subdivision created by this section must provide all open space on-site and it must be all usable, except up to five percent can be buffer. All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. LUTC: Same as Planning Commission 6. Approval criteria: Existing language: None. Staff Recommendation: The innovative or beneficial overall quality of the proposed development shall be demonstrated by the' following criteria: a. Innovative development otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with housing on adjacent properties and owner occupied housing types. b. Results in usable common open space at least 15% of the gross land area and is identified with the development and easily accessible to the residents. c. The proposed size of the structures is in scale with the lot sizes proposed. d. Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible. e. Will not result in destruction or damage to natural, scenic, or historic features. f. Is adequately served by services (i.e. fire protection, sewer and water, schools, etc.) Planning Commission a. Changed to: The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single family housing on adjacent properties. b. Changed to: Results in common open space at least 10 percent of the gross land area, which is identified with the development and easily accessible to residents. c. Eliminated. d. Changed to: Cluster lots immediately adjacent to existing neighborhoods have incorporated desiqn elements through lot size and architecture to compatible as approved by the Community Development Director. e. Same as above f. Eliminated. g. Added: Each dwellinq unit shall meet the design standards in the FWCC Design Guidelines for cluster subdivisions. LUTC: same as Planning Commission, except added condition that accessory dwelling units are not permitted on cluster lots. 7. Design Criteria Existing Language: None Staff Recommendation: Cluster subdivisions shall include the following design standards: a. Garages shall be provided for al residential lots except if the lot is in a multi- family zone or immediately adjacent to a multi-family zone. b. Front entryways shall be the prominent feature of the home, Attached garages shall not compose more than 40% of the front fa(;:ade of a single family home if the garage doors are flush with the front fa(;ade, or will be setback a minimum of five feet from the rest of the front fa(;:ade. Detached garages shall also be setback a minimum of five feet from the fa(;ade. c. If garage access is provided from alleys, the front yard setback can be reduced to 15 feet. d. Building materials shall be natural materials unless approved by the Community Development Services Director and Building Official. Planning Commission: a. Changed to: Garaqes shall be provided for all residential lots except if the lot is in a multifamily zone. b. Same as above. c. Same as above. d. Eliminated. LUTC: same as Planning Commission 8. Zero-lot Line Development ' Existing Language: Cluster subdivisions can include lots with zero-lot lines, provided that no more than two units may share a common wall. Staff Recommended options: a. Zero-lot line development cannot occur in zoning of 9600 or greater. b. Zero-lot line development cannot exceed 10 percent of the lots proposed unless it is in a multi-family zone. c. Each dwelling unit shall be distinguishable as a separate dwelling unit and shall have a prominent entrance. d. Each dwelling unit shall be intended for owner occupancy. e. Each dwelling unit shall be situated to respect privacy of abutting homes. f. Each dwelling unit shall meet the design standards in the FWCC Design Guidelines for cluster subdivisions. Planning Commission: a. Same as above. b. Zero-lot line development cannot exceed 30 percent of the lots proposed unless it is a multi-family zone. c. Eliminated. d. Eliminated. e. Same as above. f. Same as above. LUTC: A. SAME AS ABOVE. a ZERO-LOT LINE DEVELOPMENT CANNOT EXCEED 10 PERCENT OF THE LOTS PROPOSED UNLESS IT IS A MULTI-FAMILY ZONE. C. ELIMINATED. D. EACH DWELLING UNIT SHALL BE INTENDED FOR OWNER OCCUPANCY. E. SAME AS ABOVE. F. SAME AS ABOVE. I:~CHANGES TO CLUSTER.DOC~SLL CITY OF FEDERAL WAY MEMORANDUM DATE: October 30, 2000 TO: Phil Watkins, Chair Land Use and Transportation Committee (LUTC) FROM: Kathy McClung. Interim Director of Community Development Services ~ VIA: David Moseley, ~ity Manag~~ SIJBIECT: Planning Commission Recommendation - Cluster Subdivision amendments to Chapter 20 (Subdivision Code) and Chapter 22 (Zoning) of the Federal Way City Code. I. INTRODUCTION AND BACKGROUND In July, the Federal Way City Council adopted a moratorium on cluster subdivisions. In the moratorium ordinance the Council dirdcts staffto bring the issue to the Planning Commission. The ordinance identifies the following citizen concerns: adequate distance between residential structures, minimum lot sizes, and the buffering of more dense cluster subdivisions from other, existing less dense residential uses. Cluster subdivisions have been permitted since the city incorporated in 1990. The regulations were revised in 1996 to include a minimum lot size, a provision that ali open space has to be on-site and usable, a provision for zero-lot line development and a formula to calculate density. (For more detailed background and history see Planning Commission staff report) Attached are the following: Exhibit,4 - prOposed Ordinance with Planning Commission recommendations incorporated Exhibit B - September 20, 2000, City of Federal Way Planning Commission Report (Staff Report to the Planning Commission) Exhibit C- June 21, 2000, Planning Commission Minutes Exhibit D - Letters submitted to Planning Commission The proposed amendments have been prepared in "line-i~ffline-out" format, with strikeeuts (proposed deletions) and underline (proposed additions) indicated. II. REASON FOR COUNCIL ACTION FWCC Chapter 22, "Zoning," Article IX, "Process V! Review," establishes a process and criteria for FWCC text amendments. Consistent with Process VI review, amendments to the FWCC text must be approved by the City Council based on a recommendation from the Planning Commission. The Subdivision Code does not require Planning Commission review. However, they reviewed it since the cluster subdivision moratorium resOlution specifically called for it. III. PLANNING COMMISSION RECOMMENDATION As discussed below in Section IV- Procedural Summary of this staff report the Planning Commission conducted a public hearing on the proposed text amendments to the FWCC regarding cluster subdivisions on September 20, and October 4e~, 2000. Three members of the public were present at the first public hearing, approximately 12 citizens attended the second meeting, and four letters were entered into the record. The Planning Commissioh considered the proposed FWCC text amendments in light of the decisional criteria outlined below in Section Vofthis report. By a unanimous vote of the Planning Commission (4-0), the Planning Commission recommended that the City Council adopt the Zoning and Subdivision Code text amendments as amended by the Planning Commission. The Planning Commission recommended draft, which identifies the proposed text amendments to the FWCC regarding cluster subdivisions is attached as ExhibitA. The primary recommended changes made by the Planning Commission are: a. added a purpose statement b. added requirement that lots immediately adjacent to existing residential lots be no less than the neighboring lot size or the underlying zoning lot size minimum 10°A, whichever is smaller or have a natural buffer of 50 feet. c. modified the open space requirements. d. added additional conditions to zero-lot line development. e. added some~design criteria for development on cluster lots. IV. PROCEDURAL SUMIVIARY September 20, 2000: Planning CommissionPublic Hearing October 4, 2000: Continuation of Planning Commission Public Meeting November 6, 2000: Land Use Committee V. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for FWCC text amendments. The following section analyzes the compliance of the proposed land use review processes 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; City of Federal Way LUTC Report August I, 2000 Land Use Review Proo:sses FWCC Text Amendments Page 2 The proposed FWCC text amendments regarding cluster subdivision and cluster subdivision lot design are consistent with the following City of Federal Way Comprehensive Plan goals and policies: LUG I Improve the appearance and function of the built environment. L UP I Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP I0 Support a diverse community comprised of neighborhoods which provide a range of housing options; a vibrant City Center; well designed and functionin~g commercial areas; and distinctive neighborhood retail areas. LUG 3 Preserve and protect Federal Way's single-family neighborhoods. LUG3.1 Provide wide range of housing densities and types in the single family designated areas. LUP16 Revise existing land use regulations to provide for innovation and fiexibility in the design of new single-family developments and in-fill. LUP18 Encourage the development of parks and the dedication of open space in and adjacent to residential areas to preserve the natural setting of Federal Way. LUP I 9 Consider special development techniques (e.g. accessory dwelling units, zero lot lines, la( size averaging, and planned unit developments) in single-family areas, provided they result in residential development consistent with the quality and character of existing neighborhoods. LUP 20 Preserve site characteristics tha; enhance residential development (trees, watercourses, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, and lot size averaging. HG 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HP 16 Consider reducing minimum lot sizes to allow construction of smaller. Detached single-family houses on smaller lots. HP 27 Encourage new residential development to achieve maximum allowable density based on net building area. (2) The proposed at.endntent bears a substantial relationship to public health, safety, or welfare; attd City of Federal Way LUTC Report August l. 2000' Land Use Review Processes FWCC Text Amendments Page 3 The proposed FWCC text amendments will result in improved cluster subdivision development, which have a direct relationship to the public health, safety, and welfare. (3) The proposed amendment is in the best interest of the resMents of the city. The proposed FWCC text amendment will improve the cluster subdivision requirements to better blend with existing neighborhoods. VI. COUNCIL ACTION Pursuant to FWCC Section 22-541, after consideration of the Planning Commission report and, at its discretion holding its dwn public hearing, the City Council shall by majority vote of its total membership take the following action: 1. Approve the proposed Zoning Code and Subdivision Code text amendments by ordinance; 2. Modify and approve the proposed Zoning and Subdivision Code text amendments by ordinance; 3. Disapprove the proposed Zoning and Subdivision Code text amendments by resolution; or 4. Remand the proposed Zoning Code and Subdivision text amendments back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the time within which the Planning Commission shall report badk to the City Council on the proposed text amendments. 1:~,2000 ~ Amem~men~gWtncel laneoos Code Amendm4mtskLIJ'I'C ~ P,.eport o~ Phase I Amend~ts.doedl001/00 2: i 7 PM City of Federal Wa~t LLITC Report August 1, 2000 Land Use Review Processes FWCC Text Amendments Page 4 Staff Report- 09~1~---0-~:~1-~(~ ..................................................................................................................... ~ Page' 1--: CITY OF FEDERAL WAY PLANNING COMMISSION REPORT Cluster Subdivision Regulations Federal Way City Code (FWCC) Amendments A. Introduction In July, the Federal Way City Council adopted a moratorium on cluster subdivisions. In the moratorium ordinance (Exhibit ^), the Council directs staff to work with the public and bring the issue to the Planning Commission. The ordinance identifies the following citizen concerns: adequate distance between residential structures, minimum lot sizes, and the buffering of more dense cluster subdivisions from other, existing less dense residential uses. Federal Way City Code (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 proposed Zoning Code text amendment regarding subdivision and development review processes; · 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. Subdivision Code amendments are not required to be reviewed by the Planning Commission; however, in this case, the Ordinance specifically includes the Planning Commission's participation in the Council recommendation. B. Background What is a Cluster Subdivision? Cluster Subdivisions are residential plats where the lots are reduced in size and "clustered" in order to accomplish certain goals. Examples of goals are to preserve open space, to achieve maximum density, to help create affordable housing, and to provide a variety of housing types. City of Federal Way Planning Com~nission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page I Washington State Growth Management Act The Growth Management Act (GMA) requires cities to, "...encourage the availability of affordable housing to all economic segments of the population and to promote a variety of residential densities and housing types." The Act discourages conversion of undeveloped land into "sprawling, low-density developments" (RCW 36.70A.020, 1990 Supp). The Act also requires that the City include in its Comprehensive Plan, "...encouragement for innovative land use ?anagement techniques to enhance affordable housing opportunities, including density bonuses, cluster housing, planned unit developments and transfer of development rights." History Cluster Subdivisions have been allowed in the City of Federal Way since the City incorporated in 1990. The original regulations (Exhibit B) did not have a minimum lot size and the number of lots created could not exceed what would be permitted in a conventional subdivision. Under these provisions, the applicant was required to prepare drawings of a conventional subdivision to determine how many lots would be permitted and a second set of drawings of the cluster subdivision. The staff conducted a full review of each drawing. In 1996, the City Council asked that the staff look at recommending a Planned Unit Development (PUD) ordinance. Increased densities are awarded in a PUD for accomplishing certain goals like preserving open space, superior design, creating a variety of housing types, etc. Once the proposed ordinance reached the City Council's Land Use/Transportation Committee, the Council decided to deny the PUD proposal and replace it with language that would allow property owners that had sensitive areas a way to keep existing density, but not increase it. The cluster subdivision regulations were changed to include a minimum lot size and a requirement that all open space had to be on site and usable. Instead of requiring the applicant and staff to prepare and review two drawings to calculate the density, a formula was included. The required open space of 15 pement and a road calculation of 20 pement is subtracted from the gross land area and then divided by the underlying zoning minimum lot size. The Subdivision Code stipulates the 15 percent open space requirement. The 20 percent road calculation is an estimate that most conventional subdivisions use 20 percent of the land for streets. A cluster subdivision will usually pave less than 20 percent for streets. The City has approved one cluster subdivision under the original language. This is the only cluster subdivision built within the City since incorporation. The development is called Blackberry Hill and is located on 312* Street, at 3rd Court South. There are five other cluster subdivision applications pending approval. These projects will not be impacted by the moratorium as they are vested to the codes in place at the time they were submitted. City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 2 Kathy McClung - PC Staff Report - 09-11-00.doc ............................... page 3 '! [- ' .................................. EXHIBIT PAGE 3 OF../4' On August 16, 2000, the Director and Deputy Director of' Community Development Services met with interested citizens, property owners, and developers about cluster subdivision regulations. Approximately 30 people attended. A summary of comments is enclosed as Exhibit C. Some Common Misconceptions Mentioned at thc Mcetin~ About Cluster Subdivisions a. "Cluster subdivisions result in higher density;' Cluster subdivisions do not result in more lots unless there arc sensitive areas on thc property. Federal Way has strict requirements for setbacks to streams and wetlands. A wetland buffer can be as much as 200 feet around the wetland. In ]996 when the Council reviewed thc cluster requirements, they wanted to protect sensitive areas adequately without penalizing thc property owner. Cluster subdivisions allow thc land from thc sensitive area and buffer to be counted toward density. However, thc cluster subdivision regulations require that 35 percent of'thc land be subtracted from thc gross land area before it is divided by thc underlying minimum lot size. Except for the credit for sensitive areas, there are no density bonuses in cluster subdivisions. b. "Homes in cluster subdivisions are low-income." By clustering lots, thc developer may save costs on installation of utilities and streets and may have a lower cost of land per residential structure; however, this is no guarantee that any cost savings will be passed on to the consumer. With diminishing property available to develop, what is left many times is property with environmental constraints or other problems. Savings can be eaten up by mitigation or enhancement costs. Housing costs are determined by a variety of factors including interest rates, cost of materials, amenities provided, neighborhood, and what the market will bear. Applicants for subdivisions, whether they are conventional or cluster, do not have to disclose the housing prices for their homes. The housing price is not a criterion that the City can use to approve or not approve a Subdivision. Low-income housing is housing that households making under 50 percent of the median income for the county could afford. Government funding, non-profit organizations, or a combination of both usually subsidizes low-income housing. Affordable housing is housing that a household making 80 percent of the median inCOme for the county could afford. The median new house price~ in King County in 1999 was $230,000. In order to afford a house in this price range, after a 10 percent down payment, the owner would have to make $70-74,000 to make the house payments. See Exhibit D for more examples of low income and affordable housing prices. c. "Cluster subdivisions create more traffic." Any time vacant land is developed; the result will be more traffic than was there before any development occurred. However, cluster ~ Median Home Price is the sale price of the "middle" home during a given period. 50% of homes sell for higher than Ihis amount and 50% sell for less than this amount. City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 3 subdivisions should not add any more traffic than a standard subdivision since the number of housing units will be the same as allowed under a conventional subdivision. d. "Cluster subdivision homes are rented out:' Cluster subdivision homes are no more likely to be rented out than standard subdivision homes. The applications reviewed so far by the City are intended to be owner occupied. C. Subdivision Code Amendment Options Most cities have one.or more tools within their regulations to accommodate some flexibility for residential development. The most common tools are through cluster subdivisions or Planned Unit Developments. Planned Unit Developments provide higher density bonuses for providing certain amenities on the site. Cluster subdivisions do not necessarily provide higher density, but allow the developer to create smaller lots in order to accomplish certain goals. This may be to the developer's advantage to lower development costs or better utilize a difficult site, and is to the City's advantage to create a variety of housing types within the City and preserve sensitive areas and open space. City regulations from Sumner, Renton, Everett, Issaquah, Dupont, Poulsbo, Redmond, Tacoma, and Olympia were compared to the City's existing regulations for housing developments. The following are options to amending the cluster subdivision code language: 1. Purpose Statement: A purpose statement will drive how the rest of the regulations will be written. The City's current regulations do not contain a purpose statement. At the time the regulations were revised in 1996, the Council's stated the goal was to, "...allow property owners with sensitive areas a way to achieve the density they would have had without the sensitive area." The current regulations do that, but the purpose is not stated in the code. Purpose and intent statements from other cities include: a. Provide efficient arrangement of structures for providing services and infrastructure. b. Encourage sense of community. c. Promote owner-occupied homes. d. Promote maximum density. e. Promote flexibility and variety of housing types consistent with the Comprehensive Plan. f. Promote architectural compatibility with housing on adjacent properties. g. Promote affordable housing. h. Promote usable open space and/or protect environmentally sensitive areas. City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 4 : Kathy McClung - PC Staff Report - 09-11-O0.doc P~-$ iI PAGE OF i. Reduce amount of impervious surface. Cluster subdivisions provide some flexibility to the owner in order to preserve more open space and still achieve an economically viable project. Citizen concerns over cluster subdivisions include the impact of the design on adjacent properties. The design of the subdivision should take compatibility of the neighborhood into consideration. Affordable housing and a variety of housing types in Federal Way should be encouraged. The Growth Management Planning Council (GMPC) of King County is responsible for d~etermining whether housing development is meeting the needs of all economic sectors of the community. Countywide planning policies suggest that 20 percent of new residential units built should be affordable. Federal Way has only been tracking this information since May of 1999. Since that time, less than five percent of new units have been affordable. Staff Recommendation: Provide design flexibility, sensitivity, and innovation consistent with the site and the Comprehensive Plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; and promote usable open space. 2. Applicability: The current code language requires a minimum of two acres in any residential zone to do a cluster subdivision. Other codes vary from three units minimum to a maximum of 100 units, and allow them in most or all residential zones. Staff Recornrnendation: No change. 3. Density: Existing Language- FWCC Sec. 20-153(b). Lots created in cluster subdivisions may be below the minimum lot size requirements of FWCC Chapter 22, Zoning, provided the total nUmber of lots created does not exceed the number that would be permitted in a conventional subdivision on a site of the same total area, a~er reservation of required open space. The number of lots will be calculated by subtracting the required open space of 15 percent, and subt?acting 20 percent for streets from the gross land available, then dividing by the minimum lot size of the underlying zoning district. Staff has reviewed approximately 30 ordinances from other jurisdictions on cluster subdivisions, or alternative ordinances that permit flexible residential development in order to preserve open space. The research shows that a majority use a simple formula that divides the minimum lot size of the underlying zoning district into the gross land City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 5 area. The cities of Redmond and Sumner use a percentage lot reduction based on zoning with the stated purpose of not increasing density. Other ordinances have built in density increases mostly in exchange for providing open space over and above the minimum required. Federal Way is the only ordinance to require 35 percent of the gross land area to be subtracted to calculate density. Staff Recomrnendation: No change. 4. Lot Size: Existing Language - FWCC Sec 20-154(b). Lots created in cluster subdivisions may be reduced in size below the minimum required in Chapter 22, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 3,600 square feet per lot; provided that minimum setback requirements are met except as allowed for in (d) below. This provision cannot be used together with FWCC Section 22-967(d)(1) (affordable housing bonus). This language results in the following where zoning is: RS 12 (lot sizes of 12,000)- cluster 6,000 square feet RS 9.6 (lot sizes of 9600) - cluster 4700 square feet RS 7.2 or 5.0 (lot sizes of 7200 or 5,000) - cluster 3600 square feet There are several issues to take into consideration when establishing a minimum lot size. The underlying zoning requirements, established adjacent neighborhoods (lot size and character), and the proportion of the house size to the lots. Examining other city's codes show a variety of lot sizes from no stated minimum (Dupont), to 5,000 square feet in Poulsbo. Another way lot size is treated is through a percentage reduction depending on the underlying zoning. Redmond and Sumner use this method. A flat rate of 25 percent reduction is used in Puyallup and 20 percent is used in Olympia. A consideration stated through the moratorium ordinance, and by Council members and citizens, is the transition of lot sizes proposed compared to any adjacent established neighborhoods. A radically different adjacent development can cause concern that property values may be negatively impacted. Property values and appraisals do not, as a rule, go down in price on small lot development as long as the amenities on or near the development are the same as conventional developments. Access, schools, utilities, parks, curb and gutter, sidewalks, etc., are as important to residential property value as lot size Cluster subdivisions must meet the same requirements for street and utility standards as a conventional subdivision. A school impact fee is charged for each lot. There is no discount because the lot is smaller. The School District updates these City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 6 Kathy McClung - PC Staff Report - 09-11-00.doc - 7 ,OF_ _ impact fees annually depending on their costs and enrollment. In addition, the standard for providing park amenities is actually higher in a cluster subdivision than the standard subdivision because all open space must be usable and provided on-site. Neighboring properties to a cluster development may actually increase in value, especially if the property can be subdivided. Once an application is submitted for review to the City; however, property values cannot be taken into consideration as long as the development meets all the code requirements. Designing cluster subdivision lots to be more compatible with adjacent properties can occur in a variety of ways. Options: a. When the cluster subdivision abuts an established single family use or zoned neighborhood, the lots in the proposed development immediately adjacent (shares property lines) shall be no less than the neighboring lot size, or the underlying zoning minimum lot size, whichever is smaller. b. When the cluster subdivision abuts an established single family use or zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10%, whichever is smaller. c. When there is a natural separation such as a ravine, wetland, stream, sensitive area setback, or a manmade separation such as a passive or recreational park, or major arterial that provides a minimum of 50 feet buffer between adjacent properties, neither a or b above apply. d. Require all cluster lots to be half of the underlying zoning district with a minimum of 5,000 square feet. e. No change. Lots may be reduced up to one half the underlying zoning as long as they are over 3600 square feet. Numbers a and b provide a transition to neighboring properties, but would allow lots on the interior to be smaller. Number c would provide a buffer roughly the size of a residential lot width to provide a transition between neighborhoods. Number d provides predictability for both neighbors and developers. Staff Recommendation: A combination of a or b and c. Sloped lots do not work well for small lot development. Larger lots may be needed in order to ensure slope stability. City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 7 ~'r~ath'y ~6-cI 'Rep .......... -'-P~g)'-81 ung - PC staff' ort ~ 0-9-1 l';O-O.doc Staff Recommendation: Add language to prohibit cluster subdivisions that create lots on slopes of 15 percent or greater. 5. Open Space: Existing Language - FWCC Sec. 20-154(e). Any subdivision created by this section must provide all open space on-site and it must all be usable. As stated previously, cluster subdivisions many times create more usable open space on-site than com3entional subdivisions. A conventional subdivision is also required to provide 15 percent of open space, but the requirement can be met by paying a fee-in- lieu-of providing the open space on the property. This money is collected by the City and pays for parks improvements or land acquisition for the area where the development occurs. If the development provides the open space on-site, only a portion of it has to be usable. Usable open space has to be available for some type of recreational activity such as play equipment, walking/jogging trails, sports courts, etc. Usable open space development proposals, whether on-site or fee-in-lieu-of, are reviewed by the City's Parks and Recreation Director before the subdivision approval. One improvement that could be made to usable open space is to make it integral to the development. Usable open space should be readily identified with the development and easily accessible to the residents. Usable open space should not be the left over land where no lots could be placed, but rather a central focus and amenity for the project. Staff Recomrnendation: Add language to approval criteria to make cluster subdivision open space readily identifiable with the development and easily accessible to the residents. 6. Approval Criteria: All subdivisions are required to be reviewed by the Hearing Examiner who makes a recommendation to the full City Council. Approval criteria will help staff, the Hearing Examiner, and the Council use discretion on a case-by-case basis. Approval criteria can take into account the proposed scale of development, as well as location of open space and lot locations. The current Federal Way language does not contain specific evaluation criteria. Staff Recommendation: Add the following language: Evaluation criteria shall be the innovative or beneficial overall quality of the proposed development, demonstrated by the following criteria: City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 8 ' Kathy' ............... McClung - ~PC ....... Staff Report- ................ - 09-1-- ................................................ 1-00.doc - .......' ................... ~ .... - ......... ~ .... P~ge 9-~ - PAGL Options: a. Innovative development otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with housing on adjacent properties and owner occupied housing types. b. Results in usable common open space at least 15 percent of the gross land area and is identified with the development and easily accessible to the residents. c. The propose~d size of structures is in scale with the lot sizes proposed. d. Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible. e. Will not result in destruction or damage to natural, scenic, or historic features. f. Is adequately served by services (i.e. fire protection, sewer and water, schools, etc.). _ D. Design Criteria (Zoning Code) Design Guidelines are contained in FWCC Chapter 22. Design guidelines were first included for commercial development only. In 1998, residential design guidelines were added for non-residential uses in residential zones like daycares, churches, schools, and multi-family uses. Single family uses have not been included up to this point. Design elements are as important as lot size to ensure some degree of compatibility with adjacent neighborhoods. Good design can enhance property values, provide some predictability to adjacent neighborhoods, encourage neighborhood pride, and help prevent crime. To ensure compatibility with neighboring large lot development, garages should be required. If the development is proposed next to multifamily development where garages are not necessarily provided, a different standard could apply. Garages should not be the prominent feature of a home, especially when lot sizes are reduced. Garages can dominate a streetscape and houses fade into the background making entryways invisible or hard to locate. Entryways to the house should be the prominent feature for aesthetic and crime prevention reasons. Other City codes encourage parking to be out of site from adjacent streets and properties through use of alleys. Front yard setbacks are to be reduced in this case to accommodate parking in the rear of the structure. Building materials are also important to the long-term appearance of a neighborhood. City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 9 Requiring building materials that are natural or equal/better than natural materials will also help maintain property values in the neighborhood. Neighborhood blight can and will occur in any neighborhood regardless of house and lot size or income level. Blight can be prevented by an active homeowners association, the City's code compliance program, and a high percentage of home ownership. The City has a strong code compliance program and a Neighborhood Development Coordinator on staff to help neighborhoods organize to resolve neighborhood issues. Homeowners associations can be one way to pull a neighborhood together. They also provide maintenance for neighborhood parks and can enforce covenants that exceed the City's requirements. Home ownership increases pride in the neighborhood and reduces crime. Design features like prominent entryways, carefully designed landscaping, and good lighting can reduce crime. The City Council has directed staff to propose crime prevention design standards for all types of development including residential. This code amendment will be presented to the Planning Commission and City Council before the end of the year. Staff Recommendation: Cluster subdivisions shall include the following design standards: a. Garages shall be provided for all residential lots except if the lot is in a multi-family zone or immediately adjacent to a multi-family zone. b. Front entryways shall be the prominent feature of the home. Attached garages shall not compose more fhan 40 percent of the front facade of a single family home if the garage doors are flush with the front fagade, or will be setback a minimum of five feet from the rest of the front facade. Detached garages shall also be setback a minimum of five feet from the facade. c. If garage access is provided from alleys, the front yard setback can be reduced to 15 feet. d. Building materials shall be natural materials unless approved by the Community Development Services Director and Building Official. E. Zero Lot Line Development Residential zero lot line development is where a common lot line is used between two properties to: a. Build a common wall for two residential units. b. Build a common wall for two detached garages. City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page ! 0 Kathy Mc. ClUng ,.pc~§ta~ Report- 09-11-O0.doc Page 11 k,---,._.. //_OF /4 c. Eliminate a setback to create a larger usable yard. Existing Language- Cluster subdivisions can include lots with zero-lot lines, provided that no more than two units may share a common wall. The zero-lot line provision was the only part of the original Planned Unit Development flexibility to be added in 1996. No zero-lot line development proposals have been submitted to the City for review since that time. As of the date of this staff report, no recent (within the last seven to eight years) zero lot line development has been proposed or developed in the South King County cities the staff researched. Most duplex or townhouse development has occurred as part of planned unit developments. If the Planning Commission wishes to recommend keeping this flexibility within a cluster subdivision the following could be added as criteria: a. Zero-lot line development cannot occur in zoning of 9600 or greater. b. Zero-lot line development cannot exceed 10 percent of the lots proposed unless it is in a multi-family zone. c. Each dwelling unit shall be distinguishable as a separate dwelling unit and shall have a prominent entrance. d. Each dwelling unit shall be intended for owner occupancy. e Each dwelling unit shall be situated to respect privacy of abutting homes f. Each dwelling unit shall meet the design standards in the FWCC Design Guidelines for cluster subdivisions. F. Compliance With FWCC Section 22-528 FWCC Section 22-528 provides criteria for zOning text amendments. The following section analyzes the compliance of the proposed zoning text amendment regarding subdivision and development review processes with the criteria provided by FWCC Section 22-528. The City may amend the text of FWCC Chapter 22, Zoning, only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive platt; The proposed Zoning Code and Subdivision text amendments regarding cluster subdivision and design review are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page I I LUG1 Improve the appearance and function of the built environment. LUP1 Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. L UPI O Support a diverse community comprised of neighborhoods which provide a range of housing options; a vibrant City Center; well designed and functioning commercial areas; and distinctive neighborhood retail areas. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUG3.1 Provide wide range ofhousing densities and types in the single farnily designated areas. LUP16 Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in-fill. LUP18 Encourage the development of parks and the dedication of open space in and adjacent to residential areas to preserve the natural setting of Federal Way. LUP19 Consider special development techniques (e.g. accessory dwelling units, zero lot lines, lot size averaging, and planned unit developments) in single-family areas, provided they result in residential development consistent with the quality and character of existing neighborhoods. LUP20 Preserve site characteristics that enhance residential development (trees, watercourses, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, and lot size averaging. HG1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HP16 Consider reducing minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. HP27 Encourage new residential development to achieve maximum allowable density based on net building area. (2) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 12 The proposed Zoning Code text amendments will result in improved cluster subdivision and single-family design standards, which have a direct relationship to the public health, safety, and welfare. (3) The proposed amendment is itt the best interest of the residents of the city. The proposed FWCC text amendment will improve the design and review criteria for cluster subdivisions, resulting in improved neighborhoods. G. Staff Recommendation Staff recommends amending the cluster subdivision code requirements to add a purpose statement; include changes to lot size and design standards to improve the transition between cluster subdivisions and established neighboring properties; change the open space requirements for cluster subdivisions to integrate open space with the development; and add criteria for approving zero lot line development. H. Planning Commission Action Alternatives Consistent with the provisions of FWCC Section 22-535, the Planning Commission may take the following actions regarding the proposed Zoning Code text amendments: 1. Recommend to City Council for adoption of the Zoning Code text amendments as proposed; 2. Modify the proposed Zoning Code text amendments and recommend to City Council for adoption of the Zoning Code text amendments as modified; 3. Recommend to City Council that the proposed Zoning Code text amendments not be adopted; or, 4. Forward the proposed Zoning Code text amendments to City Council without a recommendation. I. Recommended Motion The following motion is suggested: Move to recommend to City Council for adoption of the proposed Zoning Code text City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 13 .[r~,athy McClUng - PC staff Report - o§;1 amendments regarding subdivision and development review processes (if changes occur as a result of Planning Commission deliberations add, "...as amended by the Planning Commission"). J. Exhibits Exhibit A Moratorium Ordinance Exhibit B Original 1990 Regulations Exhibit C Summary of Citizen Comments from August 16, 2000, Public Meeting Exhibit D Affordable Housing Table I:~OCUMEN'~C~ustef Sub&~4sioasL~C S~aff Repo~l- 09-11-00.doc - Last printed Octob~ 6, 2000 10:30 AM City of Federal Way Planning Commission Report September 20, 2000 Cluster Subdivision and Design FWCC Text Amendments Page 14 PAGE_L. Oi=, Summary of Public Comments Eom August 16, 2000 Meeting on Cluster Subdivisions Citizen # l- Are thc sensitive areas included in the density calculations? Is the 20% deducted for roads adequate? How wide are the streets? How long does zoning have to be in place put in cluster subdivisions? Do you take into consideration endangered species and environmental impacts? Cluster subdivisions bring in more traffic and crime. The subdivision on 312* is a drag on the community. The homes are overpriced so that the property had to be rented or sold with a lease to own. That type of development does not get the kind of people who are owner-occupied for long. Cluster subdivisions imply a close/dense area. Purpose statements should have specific numbers and issues, should not be general. Zero-lot line is even lower than cluster subdivisions. Are you trying to improve the community or increase the tax base? Are you getting your data from other parts of the country? Citizen #2- Compatibility with adjacent neighborhoods and aesthetics are important. I can accept change but want to find a happy medium. What determines usable open space? How do we find out if they go for a rezone to a higher zone? I am concerned with the possibility of manipulating the zoning via changing the zoning. I question the reasoning of not penalizing people with environmentally sensitive areas. Citizen fl3- I represent residents south of 356th, 21st on the wet and Hwy 99 on the east. This is a semi-rural area, not a cluster development area. Lots are between 10-15,000 square feet. We create the buffer between Federal Way and other communities. We have affordable housing and open space and protect environmentally sensitive areas. We are concerned about surface water and flooding. What about wildlife and increased traffic, impacts on schools, crime rate, access to buses and stores. Low-income housing should be close to services. The wetlands south of356~a are best left with current zoning. Citizen #4 From Madrona Meadows Homeowners Association. Concerned about access to schools traffic impacts crime. Would the city partner to ensure good homeowners? Does city follow up on impact to the adjacent neighborhoods? We need legislation to control these issues. Citizen #5 Didn't your Comprehensive Plan consider wetlands when the property was zoned? Are cluster subdivisions SEPA exempt? Don't you look at traffic impacts and drainage during that process? How does the City comply with GMA housing requirements? Are there any studies, which show that cluster subdivisions create more crime? Are regular subdivisions required to prohibit renting? Are land prices going up or down? There is a perception that Federal Way is not doing its share of providing housing. Citizen #6 Represents Habitat for Humanity. Value of land in south King County is exorbitant. Makes it tough for f'md affordable land. We build owner-occupied housing. Garages would be adverse to his goals. Citizen 87 Concerned about water drainage. We need to preserve natural ravines, green belts. We need to work with the natural beauty of the land. Citizen #8- I am a proponent of cluster subdivisions. I challenge the notion that large homes on large lots increase the value of the community. Cluster subdivisions create more usable open space. They can be a carefully planned asset, not a detraction. They are necessary to meet the demands of growth pressure and allow for growth, while preserving the natural environment. Citizen #9- There are lots of misconceptions in understanding cluster subdivisions. The number of units is controlled by the zoning in the area. Cluster allow people to achieve density with site constraints. It is an incentive to preserve open space and stands of trees. Clusters will not impact schools and traffic and more than standard subdivisions. School and traffic mitigation fees are applied according to the number of units built. Usable open space definition could be improved. Add more review process for zero-lot line development. PAGE..L_OF 1515 South 3$0th St. Norlan Corporation Real Estme Services (206) 92%1902 I o/o4/0o Kathy McClung Community Dcvclopmcnt Director City of Federal Way 33.530 !~ Way $. Federal Way, WA 98003 Ms McClung, I am unable to attend the October 4, meeting regarding cluster subdi,,isJons, and request that this letter be put in the public record. I am not involved in residential develop-Jent, but i do have some concerns over any diminishing of the ability to do clustering of residential units in Federal Way where site conditions warrant it. We are at a point in time where most of the readily developable residcmial land has been utilized ~.nd much of what remains has constraints. Duc to tile recent and ongoing dcvclopmcn! O1' large amounts of office space in East Campus, there is an increased de, .hand for housing Ibr (I)c employees of the businesses tl~at are filling up that space. This includes many average families ,~.ho Wahl mlivc close to where they work. We need to include provisions in our zoning codes that allow housing mbc aflbrdable for a broad spectrum of people. The term "affordable housing" in Puget Sound , includes housing which requires incomes of'$35 - $60,000 per year. of'low income housing ~nd increased soclal pro. blems. Thc reali(¥ is ~l~at many of these constrained sites are expensive to build o~ and clustering will make thcm feasible lo build on - not chcap. I respectfully request the Planning Commision to consider these factors a.q pan of flmir decision making process. Rob R'ueber ~ Norlan Corporation Commercial Real Estate Services 10/04/00 WED 10:22 [TX/RX NO 8389] E HIB T PAGE OF FEDERAL NAY CITY COUNCIL Ee: Cluster Development near 6th AVe. S.W. We bought our five acers in 1947 on Taylor Rd. (6th Ave.) a dead end road off of Libo Rd. (356th). We moved here from N~ilton where we lived between two busy streets. Our boys were in grade school at that time, and we wanted a.place for them to grow up in. 5~y husband built our house with used materials that was all we could get at that time. We set our house about 300 ft. from the road and plan~ed fruit trees in the front. Soon a young couple moved into the five acers to the south of us and another family built on the acerage to the north . Aome time later a new family bought and built on the five acres accross the street. All wanted ~he.quiet /'~Y and peace to bring up a family. When our boys were grown gnd graduated from Federal Way High, and graduated from · the UW and Bellingham, we built a smaller house for the two of us and had the acerage divided. There are now three houses on the acerage that we all enjoy. From our back deck we have cedar, fir ,hemlock, madrona, alder dogwood, birch(we planted) cascara, mountain ash, and many shrubs. WE pick wild blackberries and red huckelberries. We like ~e wooded area.in the back. It|s a way of life we enjoy. There are.no crowed cluster homes in the area. Children ride their bikes on the street, families jog, roller bl;ade , walk their dogs, and enjoy ou~ way of life. Building cluster homes in the area would change all that. Traffic would be a problem, low cost homes would bring in people we would not want to cope with. Please concider our wishes and out, way of life. We would like to spend our late years in peace and harmony with our neighbors. Acouple of eighty.~year olders, ' '~_ £ ~ Leonard and Harriet Hills ~ ~ H. C. [1ills36404 6lb Ave. SW ~u~ Federal Way, WA 98023-7217 ..-' EXHIBIT ..... :,,..,,~ ..... · ,~: u:::' :.~ 5': ;: :'..EPgRTt.~,~kn, ~ ~x 24971, ~1 Way, WA 9~93 September 20, 2000 Jim Harris Board of Directors Senior Planner City of Federal Way 33530 1~t Way S. Jim Cron,/'resident Federal Way, WA 98063-9718 Dear Mr. Harris: Bill Morton, Vlce-l~r~iden( The following represents the comments of the Friends of the Hylebos Wetlands Betty Cron, Secretary regarding the city's proposed cluster subdivision code amendments (00-104413- 00-SE). Friends of the Hylebos Wetlands is a nonprofit conservation organization based in Federal Way, Washington and dedicated to the Julie Braun, Treasurer conservation of the West Hylebos Wetlands and the preservation and restoration of the Hylebos Creek Watershed. Tri-L~ Bennett Thc original ordinance was intended to enable landowners with onsite sensitive areas to build to allowable density while protecting wetlands and sensitive areas and adding to the open space available to local residents. While these are worthy Mark Freeland goals, we believe the ordinance and proposed amendments fail to satisfy all three goals. Namely, wetlands and streams are left vulnerable under the Jim Hamilton proposed amendments. Wetlands and streams are not isolated ecosystems but parts of larger ecological communities that extend beyond 50-foot, 100-foot, and even 200-foot buffers. Many species that utilize wetlands also depend upon surrounding upland environments for habitat and food and other life requirements. When disconnected from the surrounding upland environments, these systems may Legal Counsel lose much of their biological function, even though buffers have protected their ~/ae s~ Vogel physical area and stormwater controls have, at least partially, protected their hydrology. Amphibians are an excellent example. Most amphibian species use wetlands for breeding and spawning (and juvenile rearing) during a brief period of the year. During the rest of the year, though, they reside in surrounding upland forests. Without the upland forest, the wetland become virtually useless to amphibians (and to many other species, since amphibians are a cornerstone species in wetland food webs). Simple wetland buffer areas are typically inadequate to provide sufficient upland habitat for amphibians. Whether a property contains a wetland or stream is developed as a cluster subdivision or at a lower density, the aquatic environment suffers from the loss of surrounding uplancL The cluster subdivision code does not address this biological fact. However, it could, and in our opinion, should do so. EXHIBIT PAG This is especially important, as several of the current cluster applications have occurred in the area east of 21 ~ Ave. S. and south of S. 356~. Wetlands in this area are implicated in the health of the biologically rich Spring Valley area and the West Hylebos Creek and West Hylebos Wetlands. Currently, the 15 percent set-aside provision is directed to be utilized for useable open space. The set-aside, however, represents a potential upland habitat resource for onsite wetlands or streams. If the set-aside is configured on a site to be connected with wetlands or streams, then it has the added value of providing the necessary upland habitat that will help preserve the biological integrity of sensitive areas associated with cluster subdivisions. In addition, the set-aside should be placed in the context of habitat on neighboring properties. In particular, the ordinance should provide direction to attempt to preserve wildlife corridors that maximize the ability of wildlife species to travel between wetland areas. While this will place some limits on the type of human use allowable in the cluster set-asides, it will enable the city to satisfy its goal of protecting ecologically important wetland resources. We believe the city staff should revisit the proposed amendments to consider ways to incorporate the need to preserve upland habitat in the cluster subdivision ordinance. In addition, the staff report for the proposed amendments notes that the 20 percent road set aside is typically not fully utilized for roads. We further recommend that staffstudy whether there are additional opportunities to include unused area from the road set-aside for a habitat/open space , set-aside. Friends of the Hylebos Wetlands welcomes the oppommity to engage city staff in further discussion on this issue. I may be reached at 253-874-8270 if there are any questions about the content of these comments. Yours truly, Chris Carrel Executive Director P0~LL ~ BUILDERS FRX N0. ; 2~6-824-cj~38 .~ep. 18 2888 EXH PAGE OF Scptemb~ 13, 2000 Ms. Kathy McClung Planning Dep~mcm City ofF,emi Way 33530 l~'Way South Federal Way,' WA 98003 Re: Clu~ Subdivisions. 'D~ Ms. McClung, Unfo~unatcly, I am unable to a~cnd thc September 20~ Planning Commission meeting. However, I wanted to ~mmunlcate some.of the ides.we have, ~ a ]o~1 developer that has worked ~thin the Cit3' of Federal X~ay for over thl~y years. Our ~mpany has designed and cr~t~ many ~ifferent ~pes of homes ~d ~mmunities. The stated ~sion of our ~mpanx is to "creaze homes ~h~ ~re aplace ((joy. /o~,~, securi~, ha~o~, order, ~(pporZ and shel~er. Home is a place of respec~ for the individual. Iz is a place of red, ge, a ~e~ nel. ~' With t~t v~sion firmly in place we have worked in many cities, and ju~sdictions creating homes and ~mmunlties for people. For ~y city to be a viable place m live and work it mug have a diverse mix of housing styles and p~ce r~s. While it is ~man ~at~re to w~t to o~y associate ~th people of ones..per~iv~ class, it is ~ fa~ oflife'thit the~e ~e all different types of people in this world ~d' all oft~em d~se~e.a place to live. It is our.belief that the only ~Y to cr~te a mix ofh0using is by offedng a variety of zoning options so t~t developers'~ build different ~es o~h0uslng A c~ty must have what we world ~ "storied zo~g", but they.must ~so have either a P~ ordinance or something ~i~]~ to yo~ "Cluster" oidlnan~. Thee ordinaries allow developers the flexibillty'to create housing ~es that m~ differ~t housing needs. Ha~ng a mix. of housing.produ~ tither through "Cluster or P~" zo~ng does not ~usc increased crime or decr~so housing'v~lues- In.f~t, it does quite thc op~slte. It has b~en proven ~at planned d~velopment~'~ctually iBcrease prope~y v~ues and d~rease cdme. We woula offer ~ an example 6ur 'p~oje~ Huntington Par~ located in Des Moines, W~hin~on. Hunfin~on P~E w~.built undera PUD ordinance. At the ~me of development the su~ounding'neighbo~ prote~t~ that our new homes would ~use traffic problems, higher c{~me, d~~ prope~ valu~ etc. Today, ~ five years la.tcr, 27-'~",~ Ma~'inc Vicw Drlv¢ South ' P.O- Box 98309 ° Dca Moincs. Washin~on 98198 * (2(~) 824-623-4 ' FAX: (206) 824-5797 POWELHB 12 ! K3 ' 09/18/00 MON 08:37 [T'~/R~ NO 6176] ~ ~: PIQWELL HOME BUILDERS FPX NO. : L:~-824-9038 .Sep. 18 L~8 1~8:411:~1 P3 PAG O quite the opposite has been proven. Crime is lower than the surrounding area and housing values arc ~mgher. It might be beneficial for the council to see this projcct located at South 248 Street and Marine View Drive South in Des Moines. Powell Homes believes that for any city to be economically and socially successful it must be diverse. To be diverse' it is imperative that the City provide for different types of housing. By keeping and improving the Cluster Code the City of Federal Way can accomplish this. Thank you for your time and I look forward to seeing you at the next meeting. President ' 09/18/00 ~ON 08:37 [TX/RX NO 6176] A non-profit community development corporation October 24, 2000 City of Federal Way City Council Land Use Committee 3350 1~ Way South Federal Way, WA 98003 Re: Revisions to Cluster Subdivision Regulations Dear City Council Members: HomeSight is an award winning community development organization that has developed close to 200 new affordable homes over the last 10 years. We currently are working with the City of Federal Way and King County to develop an exciting new Project. We hope to build 35 new single-family homes on the 9-acre site located between 8"~ Ave. SW and 10u~ Ave. SW at SW 354~as part of a mixed income cluster subdivision. In doing so, with the current cluster subdivision provisions, we will also provide the neighborhoods with 2.5 acres of open space and the City of Federal Way up to 27 new homes affordable to working people who make less than 80% median income. This surplus King County parcel provides an excellent opportunity for Federal Way to provide affordable housing and make progress toward growth management targets, with the added benefit of gaining a neighborhood park. .We have Submitted a preliminarysite plan to the City and have had a pre-application conference. We'are far enough along with our predevelopment process to have achieved an insightful underStanding of the existing zoning regulations and would like to offer these comments on the 'proposed changes to the cluster subdivision provisions. It is understandable that the existing provisions need fleshing out. Unfortunately the Cluster Subdivision staff report to the Planning Commission does not go far enough to encourage the viability of cluster subdivision development. The potential gains in land conse_rvation, impervious surface reduction, and minimizing mass clearing and grading would be significantly diminished by the recommendation that would require cluster lots adjacent existing conventional lots be the same size or 10% smaller. This would encourage a donut type development, the hole of the donut being left for "cluster' lots. Depending on the size of the parcel being developed, the size of this area would vary greatly..This might be a step away from *.he Comprehensive Plan goals of providing for innovation and flexibility, ' affordable housing, and a Wide range of housing densities. The concern for compatibility and adjacency could be more simply addressed by buffer requirements of 15 to 20 feet with a minimum "no-clear' depth, except for conditions such as utility access. The advantage being it would not need to have immature landscaping replanted. Natural vegetation usually serves as a better buffer than an adjacent house on an adjacent lot. The current minimum lot size allowed in cluster subdivisions should remain as it stands. The preliminary site plan developed for our 9-acre site yielded only 35 units, based on subtracting 35% of the area for roads and open sPace and divided by the underlying zoning. The net gain in housing units to the City is less than 4 units to the acre. Cluster. type development could easily net higher densities without adversely impacting adjacent neighborhoods. In fact, according to our site plan calculations, required neighborhood open space could be increased to 25%, depending on type and size of stormwater Mailing Address: 5117 Rainier Ave. S., SeaRle, WA 98118-1929 · Phone: 206/760-4200 · Fax: 206/723-7137 Buyer Information: Seattle: 206/723-4355 · Snohomish County: 425/672-2445 o South King County: 253/813-9734 Long distance, call toll free 1-888-749-4663 in Western Washington · http://www.homesightwa.org treatment, with average lot sizes of 4200 square feet. It makes sense to allow density increases with cluster subdivisions given the more efficient utilization of land. The staff report states that affordable housing is a City goal and could be helped by cluster development, yet there are no incentives for affordable housing in the proposed revisions. The staff report also states that there is no evidence that small lot development causes a decrease in property values or appraisals as long as other factors of location are the same. A logical incentive for affordable housing development would be to allow developers to utilize the affordable housing density incentive in conjunction with cluster subdivision development. Since open space is an integral element of cluster subdivisions, it is critical that the existing definition of open space be expanded to include land left in a natural state whether or not it contains sensitive areas. The existing definition of usable open space being restricted to ball fields, paved sport court areas or children's play areas with a maximum 2% slope needs to be expanded to reflect the inherent value of scenic or visual amenities, and preserved habitat and native vegetation. A problematic recommendation in the staff report is to not allow cluster lots on slopes of 15% or more. This proposal seems unnecessary because basement-down or split level plans are often a viable and marketable plan type if a developer chooses. The floor area gained in plan types that work with the slope also help keep roof heights down and protect view corridors. Setbacks to critical slope areas already exist which provide protection from slopes that may be hazardous for development. There are several well-documented economic and environmental advantages for utilizing cluster development principles and adopting code changes to encourage cluster development. Studies show that development adjacent open space appreciates at a faster rate than conventionally platted subdivisions. Homes usually sell faster and are seen as more desirable if they abut open space. The affordable homes provided in our proposed project will be sold at equal value to homes to the west, but will most likely appreciate much quicker due to the site planning and open space. With millions of dollars being spent on salmon education and restoration, one cannot ignore the environmental benefits of building new homes in a way that preserves more of the existing habitat. Not only is less runoff generated which reduces demand on regional infrastructure but trees and healthy habitat help provide cleaner air. Those who live in a semi-rural area of a suburban city will feel less impact from cluster development because more of the natural environment is left intact than conventional subdivisions. After attending two of the public meetings regarding the proposed changes it is apparent that many neighborhood people are fearful of change and opposed to development. It should be understood that this is a natural but unrealistic response given the growth in our region. Cluster development minimizes the impacts of the new development that is inevitable. Good leadership requires a broad vision. We look forward to your good decisions regarding revisions to the Federal Way Code. If you would like to discuss these comments any further, please feel free to contact Dorothy Lengyel at (206) 760-4246 or Deb Willard at (206) 760-4212. Sincererly, Deb Willard HomeSight Executive Director HomeSight Project Manager CITY OF FEDERAIJ WAY City Council AGENDA ITEM SUBJECT: Cm~m PREVENTION THROUGH ENVIRONMENTAL DESIGN PRINCIPLES AND GUIDELINES (CPTED) ZONING CODE AMENDMENTS CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION Amount Budgeted: $ X ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION. Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: 1) Draft Ordinance; 2) FWCC, Article XIX - Community Design Guidelines with proposed CPTED amendments; and 3) Checklist. Background Materials -- December 4, 2000 Staff Report to the Land Use/Transportation Committee with Exhibits A through G -- are available in the Council Conference Room. SUMMARY/BACKGROI. ND: The implementation of Crime Prevention through Environmental (CPTED) principles and guidelines are intended to provide for a higher degree of public safety. CPTED standards are performance-based and as such are often difficult to integrate into a prescriptive municipal code. Therefore, the amendments incorporate only the key CPTED principles within the code. A checklist, which will not be adopted CITY COUNCIL COMMITI'EE RECOMMENDATION: The LUTC discussed the proposed CPTED amendments during a public meeting on December 4, 2000. At that meeting, the LUTC unanimously recommended forwarding the proposed amendments to the full Council for first reading on December 19, 2000. CITY MANAGER RECOMMENDATION: Motion to move to second reading and enactment at the next regular meeting. .... ........................................................................................................................ (BELOW TO BE COMPI_Z~D BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # ~ ~ / DENIED ORDINANCE# TABLED/DEFERRED/NO ACTION RESOLUTION # I:~2000 Code Amendments\CPTED\121900 CC Cover Agenda.doc/12/11/00 9:52 AM DRAFT CITY OF FEDERAL WAY / o ORDINANCE NO. 00 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO INCORPORATE CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN PRINCIPLES AND GUIDELINES 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 incorporate CPTED principles and guidelines into FWCC, Chapter 22 (Zoning) involves land use procedures, which should provide for a higher degree of public safety. WHEREAS, the City of Federal Way finds that the CPTED Amendments will implement and is consistent with the Federal Way Comprehensive Plan; and, WHEREAS, the Planning Commission conducted duly noticed public hearings on the CPTED Code Amendments on October 18, 2000, and November 15, 2000, 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 CPTED Code Amendments on December 4, 2000, following which it recommended adoption of the text amendments; HEREAS, the City Council finds that the CPTED Code Amendments 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. 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 CPTED 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 regarding CPTED principles are consistent with the following Comprehensive Plan goals and policies: LUG1 Improve the appearance and function of the built environment. LUP 4 Maximize efficiency of the development review process. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; 3. The proposed amendment is in the best interest of the residents of the City. Section 3. Amendment. The FWCC, Article XIX 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 ORDINANCE NO. 00 - , PAGE 2 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. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ., 2000. APPROVED: MAYOR, MIKE PARK ORDINANCE NO. 00 - , PAGE 3 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.: I:~2000 Code Amendments\CPTEDLa, doption Ordinance.doc/12/l 1/00 12:25 PM ORDINANCE NO. 00 - , PAGE 4 ARTICLE XIX. COMMUNITY DESIGN GUIDELINES Sec. 22-1630. Purpose. The purpose of this article is to: (a) Implement Community Design Guidelines by: (1) Adopting design guidelines in accordance with land use and development policies established in the Federal Way Comprehensive Plan and in accordance with Crime Prevention through Environmental Design (CPTED) Guidelines. (2) Requir~ing minimum standards for design review to maintain and protect property values and enhance the general appearance of the city. (3) Increasoing flexibility and encourag~ing creativity in building and site design, while assuring quality development pursuant to the comprehensive plan and the purpose of this article. (4) Achiewing predictability in design review, balanced with administrative flexibility to consider the individual merits of proposals. (5) Improwin_n_g and expanding pedestrian circulation, public open space, and pedestrian amenities in the city. (b) Implement Crime Prevention through Environmental Guidelines (CPTED) principles by: (1) Requiring minimum standards for design review to reduce the rate of crime associated with persons and property., thus providing for the highest standards of public safety. (2) CPTED design principles are functionally grouped into the following three categories: a. Natural Surveillance. This focuses on strategies to design the built environment in a manner that promotes visibility of public spaces and areas. b. Access Control. This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access. c. Ownership. This category focuses on strategies to reduce the perception of areas as "ownerless" and, therefore, available for undesirable uses. (3) CPTED principles, design guidelines, and performance standards will be used during project development review to identify and incorporate design features that reduce opportunities for criminal activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices about their targets. In general: Page a. The greater the risk of being seen, challenged, or caught; the less likely they are to commit a crime. b. The greater the effort required, the less likely they are to commit a crime. c. The lesser the actual or perceived rewards, the less likely they are to commit a crime. (4) Through the use of CPTED principles, the built environment can be designed and managed to ensure: a. There is more chance of being seen, challenged, or caught. b. Greater effort is required. c. The actual or perceived rewards are less; and d. Opportunities for criminal activity are minimized. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99) Sec. 22-1631. Administration. Applications subject to community design guidelines and Crime Prevention through Environmental Design (CPTED) shall be processed as a component of the governing land use process, and the director of community development services shall have the authority to approve, modify, or deny proposals under that process. Decisions under this article will consider proposals on the basis of individual merit and will encourage creative design alternatives in order to achieve the stated purpose and objectives of this article. Decisions under this article are appealable using the appeal procedures of the applicable land use process. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3, 1-19-99) Sec. 22-1632. Applicability. This article shall apply to all commercial, office, and industrial development applications in commercial zones subject to FWCC 22, Zoning, which were submitted for review after July 1, 1996, and shall apply to cemmere;.a! and '~nsfitutiena! uses '2n residentia! zenes any non-single family residential development application in any zone, res'ldent;.a! uses in ....... ;~ zenes and mu!tifami!y uses which were was submitted after January 25, 1999. CPTED guidelines and performance standards shall also apply to all previously described applications above, including community facilities and public parks submitted after the effective date of these amendments (Date to be l~lled in). CPTED guidelines and performance standards shall not apply to proiects that have received preapplication review prior to the effective date of the amendments. Project proponents shall demonstrate how each CPTED design principle is met by the proposal, or why it is not relevant by either a written explanation or by responding to a checklist prepared by the city. Subject applications for remodeling or expansion of existing developments shall meet only those provisions of this article that are determined by the director to be reasonably related and applicable to the area of expansion or remodeling. This article in no way should be construed to supersede or modify any other city codes, ordinances, or policies that apply to the proposal. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3, 1-19-99) Page 2 Sec. 22-1633. Definitions. (1) Active Use(s) means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. Arcade: A linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at ali times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. Awning: A rooflike cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Canopy: A permanent, cantilevered extension of a building that typically projects over a pedestrian walkway abutting and running along the facade of a building, with no habitable space above the canopy. A canopy roof is comprised of rigid materials. (5) Common/Open Space Area means area within a development,.which is used primarily by the occupants of that development, such as an entrywa¥, lobby, courtyard, outside dining areas, etc. (6) Natural Surveillance means easy observation of buildings, spaces, and activities by people passing or living/working/recreating nearby. (-4-)(7) Parking structure: A building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. (-5-)(8) Plaza: A pedeStrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of- way. Typical features include special paving, landscaping, lighting, seating areas, water features, and art. (6)(9) Public on-site open space: A space that is accessible to the public at all times, predominantly open above, and designed specifically for use by the general public as opposed to serving merely as a setting for the building. (7-)(1 O) Right-of-way: Land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic; so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. (11) Sight line means the line of vision from a person to a place or building. (g)(12) Streetscape: A term in urban design that defines and describes the character and quality of a street by the amount and type of features and furnishings abutting it. Such features and furnishings may include trees and other landscaping, benches, lighting, trash receptacles, boilards, curbing, walls, different paving types, signage, kiosks, trellises, art objects, bus stops, and typical utility equipment and appurtenances. Page 3 mxr,.~x.otl ~ Surface parking lot: An off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. (! nxtvjx .l-ta~ Transparent glass: Windows that are transparent enough to permit the view of activities within a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is permitted, provided a reasonable level of visibility is achieved. Reflective or very dark tinted glass does not accomplish this objective. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99) Sec. 22-1634. Site design: all zoning districts. (a) General criteria: (1) Natural amenities such as views, significant or unique trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (3) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (4) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (5) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry. facilities near play equipment in multiple family residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of these methods result in increased effort to commit a crime, and therefore, reduce the potential for it to happen. (7) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics. Page 4 (b) Surface parking lots: (1) Site and landscape design for parking lots are subject to the requirements of FWCC Article XVII. (2) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (5) See Section 22-1638 for supplemental guidelines. (c) Parking structures (includes parking floors located within commercial buildings): (1) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (2) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including roof lines, facade design, and finish materials. (3) Parking structures should incorporate methods of articulation and accessory elements, pursuant to Section 22-1635(c)(2), on facades located above ground level. (4) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not permitted. (6) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to landscaping, planters, and decorative grilles and screens. (7) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain link fencing is not permitted for garage security fencing. Page 5 (8) See Section 22-1638(c)(4) for supplemental guidelines. (d) Pedestrian circulation and public spaces: (1) Primary entrances to buildings should be clearly visible or recognizable from the right-of- way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. (3) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights-of-way. (4) Bicycle racks should be provided for all commercial, developments. (5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, free standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, etc., should be incorporated into the site design. (6) See Section 22-1638for supplemental guidelines. (e) Landscaping: Refer to FWCC Article XVII for specific landscaping requirements and for definitions of landscaping types referenced throughout this article. (f) Commercial service and institutional facilities: Refer to FWCC Section 22-949 and Section 22- 1564 for requirements related to garbage and recycling receptacles, placement and screening. (1) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: a. Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. b. Trash and recycling receptacles shall include covers to prevent odor and wind blown litter. c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. Page d. Chain link fencing shall not be used where visible from public streets, on-site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used, (2) Site utilities shall comply with the following: a. Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. b. Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (g) Miscellaneous site elements: (1) Lighting shall comply with the following: a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC Section 22-954(c). b. Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off-site glare. c. Light standards shall not reduce the amount of landscaping required for the project by FWCC Article XVII, Landscaping. (2) Drive-through facilities such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: a. Drive-through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate screening. b. The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. c. Drive-through speakers shall not be audible off site. d. A bypass/escape lane is recommended for all drive-through facilities. e. See Section 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99) Page 7 Sec. 22-1635. Building design: ali zoning districts. (a) General criteria: (1) Emphasize, rather than obscure, natural topography. Bu. ildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation; or the proposed function or use of the site. (2) Building siting or massing shall preserve public viewpoints as designated by the Comprehensive Plan or other adopted plans or policies. (3) Materials and design features offences and walls should reflect that of the primary building(s). (b) Building facade modulation and screening options, defined: All building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII, Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case by case basis; provided that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See Section 22-1638(c) for guidelines pertaining to City Center Core and City Center Frame. (1) Facade modulation: Minimum depth: 2 feet; Minimum width: 6 feet; Maximum width: 60 feet. Alternative methods to shape a building such as angled or curved facade elements, off-set planes, wing walls and terracing, will be considered, provided that the intent of this section is met. (2) Landscape screening: 8 Eight foot wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Article XVII, Landscaping, may be considered in meeting the landscape width requirement of this section. (3) Canopy or arcade: As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. (4) Pedestrian Plaza: Size of Plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. Page 8 (c) Building articulation and scale: (1) Building facades visible from rights-of-way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in paragraph (2) below. (2) Methods to articulate blank walls: Following is a non-exclusive list of methods to articulate blank walls, pursuant to FWCC Article XVII Section 22-1564(u) and Section 22-1635(c)(1 ), above: a. Showcase, display, recessed windows; b. Vertical trellis(s) in front of the wall with climbing vines or similar planting; c. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; d. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way Arts Commission may be used as an advisory body at the discretion of the planning staff); e. Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; f. Material variations such as colors, brick or metal banding, or textural changes; and g. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. (3) See Section 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99) Sec. 22-1636. Building and pedestrian orientation: all zoning districts. (a) Building and pedestrian orientation: (1) Buildings should generally be oriented to rights-of-way, as more particularly described in Section 22-163 8. Features such as entries, lobbies, and display windows, should be oriented to the right-of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof, should be incorporated into the street-oriented facade (does not apply to residential zones). (2) Plazas, public open spaces and entries should be located at street comers to optimize pedestrian access and use. (3) All buildings adjacent to the street should provide visual access from the street into human services and activities within the building, if applicable. Page 9 (4) Multiple buildings on the same site should incorporate public spaces (formal or informal). These should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to provide a clear view to destinations, and to create a unified, campus-like development. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99) Sec. 22-1637. Mixed Use residential buildings in commercial zoning districts. (a) Ground level facades of mixed-use buildings that front a public right-of-way shall meet the following guidelines: (1) Retail, commercial, or office activities shall occupy at least 20 percent of the gross ground floor, area of the building (unless exempt from this requirement by FWCC district zoning regulations). (2) If parking occupies the ground level, see Section 22-1634(c). (3) Landscaped gardens, courtyards, or enclosed terraces for private use by residents should be designed with minimum exposure to the right-of-way. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99) Sec. 22-1638. District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (a) Professional Office (PO), Neighborhood Business (BN), and Community Business (BC): (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to Section 22- 1634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should incorporate windows and other methods of articulation. (3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right- of-way or pedestrian area. (4) If utilized, chain-link fences abutting public rights-of-way shall utilize vinyl-coated mesh and powder-coated poles. For residential uses only: Significant trees shall be retained within a 20-foot perimeter strip around site. Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. Page 10 (4-)(7) Parking lots should be broken up into rows containing no more than ten adjacent stalls, separated by planting areas. Pedestrian walkways (min. 6 feet wide) shall be provided between the interior of the project and the public sidewalk. Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. This shall not apply to public parks and school stadiums. (-9-)(10) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. (!m~lv,,. 1) Common recreational spaces shall be located and a~anged so that windows overlook them. (! !)(12) Units on the ground floor (when pe~iued) shall have private outdoor spaces adjacent to them so those exterior potions of the site are controlled by individual households. r~'xt~ q~ All new buildings, including accesso~ buildings, such as carports and garages shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. r~ ~r 14) Carpo~s and garages in front yards should be discouraged. r~ a~ ~ ~ The longest dimension of any building facade shall not exceed 120 feet. Buildings on the same site may be connected by covered pedestrian walkways. (! 5)(16) Buildings should be designed to have a distinct "base", "middle" and "top" The base (~pically the first floor) should contain the greatest number of architectural elements such as windows, mmerials, details, overhangs, cornice lines, and mason~ belt courses. The midsection by comparison may be simple. ~ote: single-sto~ buildings haw no middle.) The top should avoid the appearance of a tim roof and includ~ distinctive roof shapes including but not limited to pitched, vaulted or te~aced, etc. (!6)(17) Residential desi~ femures, including but not limited to ent~ porches, projecting window bays, balconies or d~cks, individual windows (rmher than strip windows), offsets and c~cading or stepped roof fo~s shall be inco~orated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (b) Office Park (OP), Corporate Park (CP), and B~iness Park (1) Surface parking may be locmed behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to Section 22-1634(d). (2) Buildings with ground floor retail sales or se~ices should orient major entrances, display windows and other pedestrian features to the right-of-way to the extent possible. (3) Ground-level minored or reflective glass is not encouraged adjacent to a public right-of- way or pedestrian area. Page 11 (4) If utilized, chain-link fences abutting public rights-of-way shall utilize vinyl-coated mesh and powder-coated poles. For non-single family residential uses only: xtA~tqx.~ ~_~ Subsections 22-1638(a)(4)--(16) shall apply. (c) City Center Core (CC-C) and City Center Frame (CC-F): (1) The City Center Core and Frame will contain transitional forms of development with surface parking areas. However, as new development or re-development occurs, the visual dominance of surface parking areas shall be reduced. Therefore, surface parking areas shall be located as follows: a. The parking is located behind the building, with the building located between the right-of-way and the parking areas, or it is located in structured parking; or b. All or some of the parking is located to the side(s) of the building; or c. Some short-term parking may be located between the building(s) and the right- of-way, but this shall not consist of more than one double-loaded drive aisle, and pedestrian circulation shall be provided pursuant to Section 22-1634(d). Large retail complexes may not be able to locate parking according to the above guidelines. Therefore, retail complexes of 60,000 square feet of gross floor area or larger may locate surface parking between the building(s) and the right-of- way. However, this form of development shall provide for small building(s) along the right-of-way to break up and reduce the visual impact of the parking, and pedestrian circulation must be provided pursuant to Section 22-1634(d). For purposes of this guideline, retail complex means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is located or will locate. (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should incorporate windows and other methods of articulation. (3) Building facades that are visible from a right-of-way and subject to modulation per Section 22-1635(b), shall incorporate facade treatment as follows: a. The facade incorporates modulation and/or a landscape screening, pursuant to Section 22-1635(b); and b. The facade incorporates an arcade, canopy or plaza; and/or one or more articulation element listed in Section 22-1635(c)(2); provided that the resulting building characteristics achieve visual interest and appeal at a pedestrian scale and proximity, contribute to a sense of public space, and reinforce the pedestrian experience. (4) Drive-through facilities and stacking lanes shall not be located along a facade of a building that faces a right-of-way. Page :1. 2 (5) Above grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A 15-foot wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right- of-way. (6) Facades of parking structures shall be articulated above the ground level pursuant to Section 22-1635(c)(1 ). (7) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of- way or pedestrian area. (8) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used. For non-single family residential uses only: (g)~ Subsections 22-1638(a)(4)--(16) shall apply. (d) For all residential zones: (1) Cemmercia! and insti~atiena! Non-residential uses: Subsections 22-1638(a)(4)--(9) and (12)--(16) shall apply. (2) nn,,~+;ro,..;h,..~....~.....a --vNlnn-qinol~.t~-- family residential uses: Subsections 22-1638(a)(4)--(16) shall apply. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99) Sec. 22-1639. Design criteria for public on-site open space. The following guidelines apply to public on-site open space that is developed pursuant to the height bonus program established in FWCC Article XI, Division 8. (1) Open space developed under this section should be located so that it: a. Abuts a public right-of-way, or alternatively, is visible and accessible from a public right-of-way; b. Is bordered on at least one side by, or is readily accessible from, structure(s) with entries to retail or office uses; housing, civic/public uses, or another public open space; and c. Is situated for maximum exposure to sunlight. Page 13 (2) Open space site design and configuration must meet a majority of the following guidelines: a. The gross area of the open space does not incorporate any other site elements such as setbacks, landscaping, buffers, paving, or storm drainage facilities, that would otherwise be incorporated into site design without exercising the open space option; b. The gross area of the open space encompasses at least 2.5 percent of the lot area, up to a total aggregate square footage of 25,000 square feet. c. The open space area must be clearly visible and accessible from the adjacent right-of-way; d. The primary area is at least 25 feet in width; e. A minimum of 15 percent of the total area of the open space is landscaped using Type IV landscaping or other landscaping alternative; and f. The open space may not be used for parking or loading of commercial vehicles. Commercial vehicle loading areas abutting the open space must be screened by a solid, site obscuring wall. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99) 120400 Alt D from PC 1o LUTC/Last printed 11/28/2000 07:55 AM Page 1.4 Crime Prevention Through Environmental Design (CPTED) Checklist The following checklist has been prepared to provide guidance and assistance in regard to thc integration of CPTED principles into proposed project designs. The purpose of the checklist is to assist a project proponent in identifying and incorporating design strategies which implement thc CPTED principles identified in Section 22-1630, Federal Way City Code (FWCC). CPTED principles, performance standards and strategies are used during project development review to identify and incorporate design features, which reduce opportunities for criminal activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices about their targets. In general: (1) The greater the risk of being seen, challenged or caught, the less likely they are to commit a crime, (2) The greater the effort required, the less likely they are to commit a crime, (3) The lesser the actual or perceived rewards, the less likely they are to commit a crime. Through use of CPTED principles, the built environment can be designed and managed to ensure: (1) There is more chance of being seen, challenged or caught, (2) Greater effort is required, ' (3) The actual or perceived rewards are less, and (4) Opportunities for criminal activity are minimized. CPTED Design Principles: CPTED design principles are functionally grouped into three categories: (1) Natural Surveillance. This category focuses on strategies to design the built environment in a manner which promotes visibility of public spaces and areas. (2) Access Control. This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access. (3) Ownership. This category focuses on strategies to reduce the perception of areas as "ownerless" and therefore available for undesirable uses. How to use this Checklist: This checklist has been prepared to assist in identifying appropriate strategies to incorporate CPTED design principles into proposed projects in Federal Way. The guidelines included in this checklist expand on the principles found in FWCC Section 22- 1630. Page I It is recommended that the principles be reviewed initially to identify the approaches used to implement CPTED. Subsequent to this initial review, this checklist should be reviewed to identify additional strategies, which may be applicable for a proposed project. Not all strategies are applicable to all projects. In addition, the CPTED principles may be addressed through strategies that are not listed. Checklist Design: The checklist has been organized in the following manner: Functional Area Specific design element addressed by CPTEDprinciples Section and ~t Functional Area Evaluation Performance Performance Standard for Agency ~ Standard Use Only Performance Standard ~at is the desired outcomeof ~ Strategy applying CPTED principles to this functional area ~~~ · Ai~lkabl~ during Si~e Plan Review Strategy Technique which can be used Sect~l.O:~ Natural Surveillance to implement CPTED principles Check Box~ 1.1 ~.~'Blind Corners ~Conforms -- Avoid blind corners in pathways and parking lots. __Revise Indicate by checking this box if ~ lqA this strategy has been used in the~ ~__omments: proposed project ~ · Strategy Write-in~ Pathways should be direct. All barriers along This section can be used to write ~ pathways should be permeable (see through) in a strategy which is not ~~ including landscaping, fencing etc. · specifically listed but is Consider the installation of mirrors to allow users to employed in the project . see ahead of them and around corners~ Process Applicability Indicates when in tile review ~ - process the identified guideline should be assessed Site Plan and Building Permit Review: Certain guidelines and techniques are best applied during different points in the review process. To assist in facilitating CPTED review, guidelines which are best considered during site plan review are indicated with a "l' symbol. Guidelines which are most appropriately applied during building permit review are indicated with a "O" symbol. Page II Crime Prevention through Environmental Design (CPTED) Checklist Directions: Please fill out the attached checklist to indicate which strategies have been used to implement CPTED principles in your proposed project. Please check all strategies which are applicable to your project for each of the numbered guidelines. You may check more than one strategy for each guideline. Your responses will be evaluated by City Staff, and will be integrated into the Site Plan and/or Building Permit review process. perfomafiee · . PerfOrmance Standard :: · ' ~P~[i~le dUringSite p!~Revi~:~'~ SeCtion 1:;0~: "N~tu~al Su~eiUance 1.1 Blind Corners Avoid blind corners in pathways and parking lots. ~ Pathways should be direct. All ba~iers along pathways sh°uld be pe~eable (see t~°ugh) including l~dscaping, fencing etc. 1 ~ Consider the installation of minors to allow users to see ~ead of them ~d around corners, e ~ Other strategy used: 1.2 Site and building layout. ~llow natural observationpom the street to the use, pom the use to the street, and be~een uses For Non- ~ Orient the main entr~ce tow~ds the street or both single Family streets on corners, ffi Development: ~ Position habitable rooms with windows at the front of the dwelling. ~ DRAFT Page 1 Prepared: 17 November 00 P~ffO~a,~ i Pe~f°~man~esta~dard Stra/e~ ~ Access to dwellings or other uses above commerciaFretail development should not be ~om the rear of the building, ffi ~ Offset windows, doomays and balcoMes to allow for nmmal obsemation while protecting privacy. ~ For ~ Locate main entr~ces / exits at the ~ont of~e site Commercial/ and in view of the street. ~ Retail/ Industrial and Community Facilities: ~ If employee entrances must be separated from the main entrance, they should maximize oppo~ities for na~al sumeillance ~om the street. ~ ~ In industrial developments, administration /omces should be located at the front of the building, ffi For Surface ~ Avoid large exposes of parking. Where large P~king ~d expanses of p~king are proposed, provide Parking surveillance such ~ securi~ cameras. ~ Structures: ~ Access to elevators, stairwells and pedestri~ pathways should be cle~ly visible from ~ adjacent p~ng ~ea. ffi ~ Avoid hidden recesses. ~ ~ Locate parking ~e~ in locations that c~ be obsemed by adjoining uses. ffi For Common / ~ Open spaces shall be clearly designated and situated Open Space at locations that ~e easily obse~ed by people. Parks, pl~s, common areas, and playgrounds Areas: should be placed in the front of buildings. 'Shopping centers ~d other similar uses should bce streets, ffi ~ Other strategy used: DRAFT CPTED Checklist Page 2 Prepared: 17 November 2000 Section'and. ~/ FuactionaiArea' EValuation · : : for'Agency::. · AppliCable during Site Plan :Review .: ' 'O P~PpliCabiedudn-g Building permit Review .. ' 1.3 Common/Open Space Areas and Public On-Site Conforms Open Space --Revise Provide natural surveillance for common/open NA space areas, comments: [--1 Position active uses or habitable rooms with windows adjacent to main common/open space areas, e.g. playgrounds, swimming pools, etc., and public on-site open space. · ' [~] Design and locate dumpster enclosures in a manner which screens refuse containers but avoids providing opportunities to hide. · [~ Locate waiting areas and external entries to elevators/stairwells close to areas of active uses to make them visible from the building entry. O - 1--] Locate seating in areas of active uses. O [--I Other strategy used: 1.4 Entrances ·_Co,orals :: Provide entries that are clearly visible 'Revise. il 1--]Design entrances to allow users to see into them '.::"" :.~:'.'."": before entering. · 1--]Entrances should be clearly identified. (Applicable during Certificate qf Occupanc_¥ Inspection). [--1Other strategy used: ' DRAFt CPTED Checklist Page 3 Prepared: 17 November 2000 ]~ Strate~:~.:.: · ' ' 1.5 Fencing c~nf6~ Fence design should maximize natural surveillance '-Revise from the street to the building and from the building NA to the street, and minimize opportunities for c_~mments::. intruders to hide. [--1 Front fences should be predominantly open in design, e.g. pickets or wrought iron, or low in height. O · ' · · [---]Design high solid front fences in a manner that incorporates open elements to allow visibility above the height of five feet. O [--] If noise insulation is required, install double-glazing at the front of the building rather than solid fences ." higher than five feet. O [--] Other strategy used: ' · 1.6 Landscaping :_~nf°rms Avoid landscaping which obstructs natural surveillance and allows intruders to hide. --NA · [--I Trees with dense low growth foliage should be · spaced or their crown should be raised to avoid a continuous barrier. · [--] Use low groundcover, shrubs a minimum of 24 .... inches in height, or high-canopied trees (clean . :' trimmed to a height of eight feet) around children's i: ': ' play areas, parking areas and along pedestrian pathways. · .: [--1Avoid vegetation that conceals the building entrance · from the street. · I--]Other strategy used: DRAFT CPTED Checklist Page 4 Prepared: 17 November 2000 secti?~and~ ~/.: FunctiOnalArea ..' . i, : :.. :~.:~,.:..i. ·.: Eyaiuation. standird;' :: ,: . . ;: ;:. :: Use:Only. · : .: . 1];.~ppiicabi~ dy~.'$it¢ !~!an,~eyiew: ::.,:/. ' . : . ::' .. · . : '0~:~.Applieable' dilriiig BtiildingPe~it ReVi~TM ..' "" '::":: · 1.7 Exterior Lighting ?:' ~i'ConfOrms Provide exterior lighting which enhances natural --Revise: surveillance. (Refer to FWCC Section 22-1635(g)(1) for specific lighting requirements.) ~entS: · : ~...: [---I Prepare a lighting plan in accordance with Illuminating Engineering Society of America (IESA) Standards which addresses project lighting in a comprehensive manner. Select a lighting . approach that is consistent with local conditions and crime problems. · ~1 Locate elevated light fixtures (poles, light standards, etc.) in a coordinated manner that provides the desired coverage. The useful ground coverage of an ... elevated light fixture is roughly twice its height. · . [-I For areas intended to be used at night, ensure that lighting supports visibility. Where lighting is placed at a lower height to support visibility for pedestrians, ensure that it is vandal-resistant. O [--I Ensure inset or modulated spaces on a building facade, access/egress routes, and signage are well lit. O ' [--]In areas used by pedestrians, ensure that lighting : ': shines on pedestrian pathways and possible entrapment spaces. O [--]Place lighting to take into account vegetation, in its current and mature form, as well as any other i~?: :: ii'/i "¥ element that may have the potential for blocking ..... light. {3 · · I-] Avoid lighting of areas not intended for nighttime use to avoid giving a false impression of use or safety. If danger spots are usually vacant at night, .' avoid lighting them and close them offto pedestrians. O [-] Select and light "safe routes" so that these become the focus of legitimate pedestrian activity after dark. DRAFT CPTED Checklist Page 5 Prepared: 17 November 2000 Section~hiadji. i. i. ~]~i iFUnctionalArea EvalUation Pe~~:~:i:.~. :,! ? ii.::::: : Performance Standard · £or'Agency . 7 .... :. · Strategy · · : ' · 'i~ ~i~Piic~ble dUfi~ BUilding:Permit Review :: ' [] Avoid climbing opportunities by locating light . · standards and electrical equipment away from walls · or low buildings. O 1--1Use photoelectric rather than time switches for ; ' " exterior lighting. O [-] In projects which will be used primarily by older people (retirement homes, congregate care facilities, senior and/or community centers, etc.) provide higher levels of brightness in public/common areas. ["-]Other strategy used: 1.8 Mix of Uses 'Conforms In mixed use buildings increase opportunities for __.ReVise natural surveillance, while protecting privacy. 'NA ' Comments: [-I Locate shops and businesses on lower floors and residences on upper floors. In this way, residents can observe the businesses after hours while the residences can be observed by the businesses during . business hours. · [-] Include food kiosks, restaurants, etc. within parks . and parking structures. · . . :'" 1-']Other strategy: used · · 1.9 Security Bars, Shutters, and Doors : :':~nforms When used and permitted by building and fire codes, : -~ReviSe. security bars, shutters, and doors should allow observation of the street and be consistent with the ~ents: architectural style of the building. · [--]Security bars and security doors should be visually . permeable (see-through). O DRAFT CPTED Checklist Page 6 Prepared: 17 November 2000 ~ Other strategy used: 2.1 Building Identification Ensure buildings are clearly ident~ed by street number to prevent unintended access and to assist persons t~ing to find the building. ~ Street numbers should be plainly visible and legible from the street or road fronting the prope~. O ~ In residential uses, each individual unit should be clemly numbered. In multiple building complexes, each building ent~ should cle~ly stae the unit numbers accessed from th~ ent~. In addition, unit numbers should be provided on each level or floor. ~ Street numbers should be made of durable materials, preferably reflective or luminous, and unobstructed(e.g, by foliage). O ~ For larger projects, provide location maps (fixed plaque format) ~d directional signage at public ~ Other strategy used: 2.2 Entrances Avoid confusion in locating building entrances. ~ Entrances should be easily recognimble t~ough design features ~d directional signage, ffi ~ Minimize the number of ent~ points, ffi DRAFT CPTED Checklist Page 7 Prepared: 17 November 2000 Sectioni~d i. ~ =' i=Fungtional Area ' . .... . Eva~u~fion ~ Other strategy used: 2.3 Landscaping Confo~s me vegetation as barriers to deter unauthorued access. ~ Consider using ~omy pl~ts as ~ effective b~ier. ~ Other strategy used: 2.4 Landscaping Location. Co~o~s Avoid placement of vegetation that would enable ~ReVise access to a buildng or to neighboring buildngs. N . ~ Avoid placement of large trees, garages, utiliW structures, fences, and gu~ers next to second stow windows or balconies that could provide a me~s of ' : access. 1 ',' ~ Other strategy used: , .. Reduce opportunities for unauthorized access ~ Consider the use of sec~iff hardw~e an~or human measures to reduce oppo~unities for unau~orized access. (Applicable during Certificate of Occupanqv Inspection). ~ Other strategy used: DRA~ CPTED Checklist Page 8 Prepared: 17 Novem~r 2000 SeCfi°nand ~/ Functional Area . .... :. -: · Insure that signage is clearly visible, easy to reaa and simple to aer tand ~ Use strong colors, standard symbols and simple graphics for info~ational signs. 0 For Surface ~ Upon entering the p~king ~ea provide both Parking and pedestrians and drivers with a clear understanding of Parking the direction to stairs, elevators and exits. O Structures: ~ In multi-level parking ~eas use creative signage to distinguish between floors to enable users to easily ~ Advise users of securi~ measures that ~e in place and where to find them i.e. securi~ phone or intercom system. O ~ Provide signage in the parking area advising users to lock their cars. O ~ ~ere exits are closed after hours, ensure this iffo~ation is indicated at the parking area entr~ce. ~ Other strategy used: . lv~a~nten~ce ,, Create a cared for image ~ Ensure that l~dscap~ng is well mmnmined, as per Section 22-1569, in order to give an impression of ownership, care, ~d securi~. (Ongoing). such that no more th~ six (6) to eight (8) units share a common building entrance, ffi DRAFT CPTED Checklist Page 9 Prepared: 17 November 2000 Other strate~ used: Use matertals, whtch reduce the opportunt~ for vandahsm. ~ Consider usmg s~ong, we~ res~st~t lm~nate, lmpe~lous glued ceramics, treated m~o~ products, stainless steel materials, ~ti-graf~ti pmnts, and clear over sprays to reduce oppo~unities for v~dahsm. Avoid flat or porous fimshes in are~ Co~on an~or s~eet fu=i~e shall be made of long weanng v~dal res~smt materials, and secured by sturdy ~chor points or removed after hours. 0 Other st ateey s d. DRAFT CPTED Checklist Page 10 Prepared: 17 November 2000 Master Builders Association of King and Snohomish Counties 2155 - 112th Avenue N.E., Suite 100 · Bellevue, Washington 98004 Website: http://www.mba-ks.c om Master Builders Association is affiliated with the National Association of Home Builders December ]9, 2000 Mr. Michael Park, Mayor City of Federal Way 33530 1~t Way S. Federal Way, WA 98003 Dear Mr. Park: The Master Builders Association wishes to express concerns we have regarding your cluster code to be considered tonight. As we understand it, the ordinance contains a provision that would establish a 5000 square foot minimum lot size for units in a cluster subdivision. As you know, cluster provisions are allowed so developers may build environmentally constrained land to its full potential, or preserve open space that would be consumed in a traditional development. To accomplish those goals, jurisdictions must have a great deal of flexibility to meet housing targets and preserve open space. Adopting a 5,000 square foot minimum lot size does not allow the city or builders to take advantage of a cluster ordinance. The lot size provision would cut the inventory of buildable land significantly by reducing the number of potential lots. If this ordinance is adopted, it is unlikely that homebuilders would look favorably on the city for cluster subdivisions. The proposed ordinance will result in more traditional developments on larger lots, less preserved open space and a diminished capacity to provide affordable housing. As we embrace the state's Growth Management Act, we must look to creative solutions to maintain an adequate inventory ofbuildable land and affordable housing. Federal Way may be embarking on a course that will make it impossible to meet housing targets called for by the Growth Management Act. We would encourage the City Council not to adopt this proposal tonight, but to further investigate the cluster subdivision ordinance adopted by King County. That ordinance allows the flexibility required to meet housing goals and preserve environmentally constrained land, as cluster ordinances were originally designed to do. The result has been more housing units and more land set aside, an outcome that can be embraced by all interested parties. City of Federal Way December 19, 2000 Page Two We look forward to the opportunity to assist you in adopting an ordinance that would benefit all parties. Executive Officer Cc: City Council