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Council PKT 12-03-2002 Special/Regular City of Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Jeanne Burbidge, Mayor Eric Faison Linda Kochmar Mary Gates Dean McColgan Mike Park CITY MANAGER David H. Moseley Office of the City Clerk December 3, 2002 I. II. III. I. II. III. IV. V. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 3, 2002 (" ",,',c(k4f!al-wav"Q"S) ***** SPECIAL MEETING - 5:30 p,m, CALL MEETING TO ORDER LODGING TAX ADVISORY COMMITTEE INTERVIEWS ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENT A nONS a. b. Swearing-In Ceremony/Police Officers SPIRIT Award/Month of December Introduction of New Employees/City Manager Emerging Issues/City Manager c. d. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Councit at this time, When recognized by the Mayor, please come forward to the podium and state your name 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, CONSENT AGENDA Items listed below have been previousty reviewed by a Council Committee of three members and brought before full Councilfor approval, all items are enacted by one motion Individual items may be removed by a Councilmember for separate discussion and subsequent motion Over please. . . VI. VII. a. b. VIII. Ix. X. XI. a. b. XII. a. b. c. Minutes/November 19,2002 Regular Meeting 2003-2004 General Fund Recommendation for Human Services Seattle/King County Public Health Women Infant Children (WIC) Healthy Habits Grant Star Lake Vista Final Plat Approval! Resolution Orchid Lane Preliminary Plat Approval/ Resolution Nautilus 2002 Neighborhood Traffic Safety Project Overtime Grant Funding for "Drive Hammered Get Nailed" Campaign Capital One Services, Inc/Donation Acceptance/Public Safety Department d. e. f. g. h. PUBLIC HEARING Intent to Designate City Center Core & Frame as Residential Targeted Area . Staff Report . Citizen Comment (3-minute limit per person) . City Council Deliberation . Resolution CITY COUNCIL BUSINESS Lodging Tax Advisory Committee Appointments Operation of Kenneth Jones Pool INTRODUCTION ORDINANCE Council Bill #314/2002 Housekeeping Budget Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2001-02 BIENNIAL BUDGET (AMENDS ORDINANCE 00-377. 01-387, 01-406, 01-408 AND 02-418). CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) Property Acquisition/Pursuant to RCW 42.30.11 O(1)(b) ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKEACT1ON ON OTHER ITEMS NOT LISTED ON THE AGENDA .. THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW ATCITV HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL W A V DOCUMENT LIBRARY" MEETING DATE: December 3, 2002 ITEM# ~Ctt) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt,: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes ofthe regular City Council meeting held on November 19, 2002. ..-,.,-......---...-...-.---- ,-.,.....--,--.,......,-...--,--------..,.--,-.--.,--,..-. ...... SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: I move approval of the minutes of the City Council regular meeting held on November 19, 2002. ~~;~~:~:~~~:;;~~~:¡~---ß.lA-~~~----"_U (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall November 19, 2002 - 7:00 p,m, Regular Meeting QRf).f1 Minutes 1. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of7:06 p.m. Councilmembers present: Mayor Jeanne Burbidge. Deputy Mayor Dean McColgan, Councilmembers Eric Faison, Mary Gates, Michael Hellickson, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, City Clerk Chris Green, and Acting Deputy City Clerk Sandy Lyle. II. PLEDGE OF ALLEGIANCE Councilmember Park led the flag salute. III. PRESENTATIONS a. Proclamation! Feed America Thursday Mayor Burbidge read a proclamation declaring Thursday. November 21,2002, Feed America Thursday in the spirit of Thanksgiving Day. Councilmembers called upon the people of Federal Way to sacrifice two meals on Thursday, November 21, 2002, and donate the money they would have spent on food for those two meals to a charitable organization of their choice for the purpose of feeding the hungry. Linda Perle accepted on behalf of the 12,000 recipients of assistance at the Multi-Service Center Michael Hellickson announced he would like to make a statement; Mayor Burbidge recognized him. He announced this meeting would be his final council meeting as state law prohibits him from serving on the Federal Way City Council when his residence is elsewhere; he is moving his family to Lake Tapps in Pierce County. He praised the Council for the many hours they serve. Mayor Burbidge accepted his resignation and thanked him for his three years of service on the Council. b. Introduction of New Employees/City Manager Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 2 of 10 City Manager David Moseley was pleased to announce Brigit Severson has been hired as a Police Officer in the Public Safety Department. She comes to the city from the Port of Seattle. c. Emerging Issues/City Manager City Manager David Moseley reported no emerging issues. IV. CITIZEN COMMENT Barbara Reid stated her support for a Community Center as a place for all citizens. not just athletes and seniors, to meet. She commended the Council for being visionary. Steve Freeborn spoke about his support of the Kenneth Jones Pool not only as a recreational and athletic venue but as critical to the rehabilitation of individuals with disabilities such as arthritis, lupus and autism as well as rehabilitation from injuries suffered in accidents. Rob Bohannon had heard about a potential new park on SW 15th and asked for more information. Pat Burton expressed support of the Kenneth Jones Pool as a place where life values are learned and a healthy lifestyle is encouraged. She also supports a Community Center and new pool. Betty Huff announced the Federal Way Coalition for the Performing Arts concert at Decatur High School at 2:00 p.m. on Sunday, November 24,2002. Tickets sell for $5. She also encouraged the Council to go forward with funding for a Community Center/pool complex. Such a facility would make Federal Way more appealing to investors as well as residents. She thanked the Council for their proactivity and vision. Dan Casey distributed his written comments. He supports the Kenneth Jones Pool and additional police. He doesn't feel new revenue sources at this time are necessary. He urged the Council to delay tax increases for a couple of years. He opposed an amusement tax. Linda Jenkins questioned funding for Centerstage when it is failing and asked why we didn't fill food baskets instead of funding flower baskets. She said to expand the present City Hall facility. Steve Skipper reminded the Council that the voters spoke loudly in the last election in rejecting new taxes. He said there are a lot of things he wants but he must live within his means. He said businesses will react to increases in taxes and hoped there was not another tea party here in Federal Way. Kim Box, a master swimmer, complimented the Council for supporting the Kenneth Jones Pool and emphasized the huge need the pool satisfies. Doug Johnson's remarks read into the record supported the 2003-2004 budget as outlined. He encouraged aggressive pursuit of maintaining the utility tax at the city level. He thanked the Council for it's leadership. Roberta Coper, a 10 year resident said that she and her neighbors support turning the Armstrong property into a park and would like to see that happen sooner rather than later. She said the Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 4 of 10 Cheryl Nevers said that a new City Hall does not attract new business and urged the Council to expand the current City Hall rather than building a new one. Steven Kirk, educator, homeowner, parent, and 25-year resident of Federal way pointed out that government serves the bettennent of the community. He added that water safety (i. e., taking over the Kenneth Jones Pool) betters a community. A. 1. Witherspoon, General Manager of the Gateway Theater. said the theater cannot afford new taxes in order to stay competitive and urged the Council not to impose an admissions tax. Vicki Anderson commended the Council on a forward-thinking budget. She said closure of the Kenneth Jones Pool would put an end to a huge community benefit. Bob Couper, Chair of the Federal Way Chamber, opposed a tax increase right now. He said that Capital Improvement Projects are acceptable but to plan a new Community Center/pool complex now is not acceptable. He said that a tax increase was not necessary, that capital improvements could be funded by retiring bonds. Tax increases hurt business. He commended the City for being in a sound fiscal position and challenged the Council to exercise wisdom in how money is appropriated and spent. John Pearson, a 7-year resident, supports keeping the Kenneth Jones Pool open. The pool performs an important public safety function. People learn to swim and avoid drowning accidents. Also, the pool provides physical therapy for the disabled. The City has done an outstanding job of managing Steele Lake and can manage the pool. too. Russ Wolfe opposed the utilities and admissions taxes. He does not believe they are needed. He does not believe a City Hall will cost the amount budgeted. Staff and Council have managed the City to fund many CIP projects without reductions in levels of service. He urged the Council not to raise taxes. Diane Luciano was in a serious auto accident and by swimming at the Kenneth Jones Pool she was able to rehabilitate herself. Her husband, Ray Luciano, was thankful that his wife had the pool for her water exercise; otherwise, she would be permanently disabled. They could not have afforded more expensive therapy resources and he credits the pool with her remarkable recovery. Robert Fulweiler reminded the Council they pledged restraint and moral courage, and he wants to hold them accountable now and not raise taxes. He has to live within his means and he would expect the same of the Council. He said the Community/Senior Center and pool are noble but now is neither the time nor the circumstances. Pat Tillia said to keep the pool open. She swims for exercise therapy. Ron Zaffino supported the pool and said he would donate whatever it takes to keep it open and added that now is not the time to raise taxes. He said the Council should ask for help but not raise taxes. Ron Gintz discredited any public notion that any Council member will benefit from increased taxes. He called the Council a community mosaic. No matter how they vote, people will say Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 5 of 10 they are not listening. He said that, by law, the utility tax could either be rolled back after ten years or used for another forward thrust project. Joseph Haley supported the pool and the many seniors who use it. Susie Horan supported the Community Center. Mark Pearson, a former lifeguard and competitive swimmer, supports the pool. He urged the Council to do everything necessary. including raising taxes, to keep the pool open. Marcia Greenwood said the Kenneth Jones Pool must be kept open. We are surrounded by water and need more pools not less. Nancy Ise said we depend on the Council to make decisions because we, the citizens, have not done the research. It may not be a good time to plan for the future, but we cannot stop the future from coming. Therefore, she urged the council to go forward, raise the taxes, plan for the future, and build a Community Center. Communities are remembered for their leadership. Bob Hitchcock asked if a utility tax and admissions tax were the whole answer. He said that opposing the tax doesn't mean he opposes the Community Center. He just opposed the vehicle to get there. Malcolm Neely suggested creating a program whereby people stayed in town to spend their money. This, alone. would generate more money. V. a. b. c. d. e. f. g. h. 1. j. k. I. m. n. CONSENT AGENDA Minutes/November S. 2002 Regular Meeting - Approved Devonshire Preliminary Plat - Resolution #02-375 Approved Permit Improvement Implementation Plan/Resolution #02-376Approved Council Bill #307/Code Amendment prohibiting Storage of Personal Property on Parks and Open space Property -Approved Ordinance #02-428 Council Bill #308/Code Amendment Updating Chapter 6/Criminal Code; Chapter 9/Licenses and Business Registration! and Chapter IS/Traffic and Vehicles- Approved Ordinance #02-429 Council Bill #309/2003 Property Tax Rate - Approved Ordinance #02-430 Council Bill #310/ Amending Utility Tax Rate Adiustment- Approved Ordinance #02-431 Council Bill #3111Add Tax to Admission Charges for Recreation and Amusement - Approved Ordinance #02-432 Council Bill #312/Rate Structure for Storm and Surface Water Utility - Approved Ordinance #02-433 Council Bill #313/2003-2004 Biennial Budget Adoption -Approved Ordinance #02-434 Fee Schedule Amendment - Approved Resolution #02-377 Holiday Marketing Campaign - Approved Site Lease Agreement/Voicestream at BPA Tower/Twin Lakes -Approved Purchase of Surveying Equipment for Public Safety Department - Approved Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 6 of 10 o. Revised Agreement for Continuation of South County Area Transportation Board (SCATBd) -Approved DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF THE CONSENT AGENDA- COUNCILMEMBER KOCHMAR, SECOND. ' Councilmember Gates pulled item 'j." Councilmember Faison pulled items "f' and "h." Deputy Mayor McColgan pulled item "g." The main motion to approve Consent items (a), (b), (c), (d), (e), (i), (k), (I), (m), (n), and (0) passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT AGENDA ITEM (f); AN ORDINANCE TO SET THE 2003 PROPERTY TAX; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF CONSENT AGENDA ITEM (g); AN ORDINANCE AMENDING UTILITY TAX RATE ADJUSTMENT; COUNCILMEMEBER FAISON SECOND. COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MAIN MOTION TO PLACE THE UTILITY TAX ON THE BALLOT AT THE NEXT ELECTION; COUNCILMEMBER HELLICKSON SECOND. The amendment to the main motion failed 5-2 as follows: Burbidge Faison Gates Hellickson yes no no no Kochmar McColgan Park yes no no COUNCILMEMBER HELLICKSON MOVED A SECOND AMENDMENT TO THE MAIN MOTION TO POSTPONE THE UTILITY TAX ORDINANCE UNTIL AFTER THE MUNICIPAL FACILITIES ADVISORY COMMITTEE SUBMITS ITS RECOMMENDATION; COUNCILMEMBER KOCHMAR SECOND. The motion failed 5-2 as follows: Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 7 of 10 Burbidge Faison Gates Hellickson no no Kochmar McColgan Park no yes The main motion passed 4-3 as follows: Burbidge Faison Gates Hellickson yes yes yes no Kochmar McColgan Park yes no no no yes no Councilmember McColgan requested that staff prepare a rebate or other program for low income and seniors. COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT AGENDA ITEM (h); AN ORDINANCE TO ADD TAX TO ADMISSION CHARGES FOR RECREATION AND AMUSEMENT; DEPUTY MAYOR MCCOLGAN SECOND. COUNCILMEMBER FAISON MOVED AN AMENDMENT TO THE MAIN MOTION TO REMOVE SECTION 14-153(b) WHICH WOULD HAVE IMPOSED AN ADDITIONAL 2.5% TO THE ADMISSIONS TAX EFFECTIVE JANUARY I, 2006, THUS LIMITING THE ONGOING TOTAL ADMISSIONS TAX TO 2.5% EFFECTIVE JANUARY I, 2005; DEPUTY MAYOR MCCOLGAN SECOND. COUNCILMEMBER KOCHMAR MOVED A SECOND AMENDMENT TO PLACE THE ADMISSIONS TAX ON THE BALLOT AT THE NEXT ELECTION AND DIRECTED STAFF TO PREPARE A RESOLUTION FOR CONSIDERATION AT THE DECEMBER 3, 2002, REGULAR MEETING; COUNCILMEMBER HELLICKSON SECOND. The second amendment failed 5-2 as follows: Burbidge Faison Gates Hellickson no no no Kochmar McColgan Park yes no no The first amendment. limiting the ongoing admissions tax to 2.5% passed 5-2 as follows: Burbidge Faison Gates Hellickson yes yes yes yes yes Kochmar McColgan Park no yes no Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 8 of 10 The main motion. as amended, passed 4-3 as follows: Burbidge Faison Gates Hellickson yes yes yes no Kochmar McColgan Park no yes no COUNCILMEMBER GATES MOVED APPROVAL OF CONSENT AGENDA ITEM G);ORDINANCE APPROVING 2003-2004 BIENNIAL BUDGET; DEPUTY MAYOR MCCOLGAN SECOND. COUNCILMEMBER HELLICKSON MOVED AN AMENDMENT TO THE MAIN MOTION TO LIMIT THE BOND TO $11.3 MILLION UNTIL THE MUNICIPAL FACILITY ADVISORY COMMITTEE MAKES A DECISION; COUNCILMEMBER KOCHMAR SECOND. The amendment failed 5-2 as follows: Burbidge Faison Gates Hellickson no no no yes Kochmar McColgan Park The main motion passed 5-2 as follows: Burbidge Faison Gates Hellickson yes yes yes no Kochmar McColgan Park yes no no no yes yes COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES TO EXTEND THE MEETING PAST 10:00 P.M. TO COMPLETE BUSINESS; COUNCILMEMBER KOCHMAR SECOND. The motion passed 5-2 as follows: Burbidge Faison Gates Hellickson VI. yes yes yes no Kochmar McColgan Park CITY COUNCIL BUSINESS 2003 Legislative Agenda yes no yes COUNCILMEMBER GATES MOVED APPROVAL OF THE 2003 LEGISLATIVE AGENDA INCLUDING AMENDMENTS TO ADDRESS EXPANDED GAMBLING AND A MINOR STAFF CHANGE TO REFLECT THE FAILURE OF R-5I AT THE POLLS; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 9 of 10 Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes VII. CITY COUNCIL REPORTS Councilmember Gates reported she will be in Spokane to discuss distribution of the gas tax. She announced the recently convened Transit Sounding Board which began meeting to discuss transit improvements and changes. She asked the audience to provide written comments or to attend the board's public meeting at Calvary Lutheran Church on November 20,2002. Councilmember Kochmar thanked the public for all the comments the Council received during the budget process. She thanked the Council and staff for all their hard work. She announced that she did not vote for all of the Airport Coalition Cities (ACe) expenditures. The Regional Policy Committee continues to meet and will be discussing human services policy and needs. She urged everyone to remember the food banks' supplies are very lown 211 families were in need at the beginning of November. The final Municipal Facilities Advisory Committee public hearing will be held on November 20,2002. Councilmember Park had no report. Councilmember Hellickson thanked the many people who allowed him to serve on the Council. He said that he had been hard on staff, but he thanked them for their hard work. He continues to support the police and is very proud to have the K-9 units. He thanked his Council colleagues for their hard work and for staying true to what they believe in. He has a new appreciation for how government works and for how it doesn't always work. He appreciates the support of his family, especially his wife, Tara. He reminded the audience to give to the food banks. Councilmember Faison thanked Mr. Gintz for his comments and said that he agrees with them. He supports Councilmember Kochmar's efforts in her work with the ACC. The next scheduled Land Use/Transportation Committee meeting is December 2,2002. He said he is very much looking forward to the MF AC report to the Council at their meeting on December 17,2002. Deputy Mayor McColgan recognized the difficult months of budget work now behind them. He said the real job begins now, by putting the funds they have just approved to work. Mayor Burbidge thanked staff for all the hard work on the budget and for their research and presentations. She said it is an efficient and effective budget with limited resources. She announced that SKATBd will be creating a list of priority projects. And at the theater: Centerstage is presenting Little Women through November 24; the Federal Way Coalition for the Perfoming Arts is holding a community concert at Decatur High School at 2:00 p.m. on Sunday November 24; and on Saturday, December 7 Knutson Family Theater will host Juggle Mania at 2:00 p.m. VIII. CITY MANAGER REPORT Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 10 of 10 City Manager David Moseley announced Latino Night at Decatur High School on Saturday December 13. This will be the first of several ethnic festivals planned by the Diversity Commission. He invited the community to attend and enjoy the good food, entertainment and diversity. He acknowledged the Public Safety Department's recent accreditation award announced at the CALEA conference in Portland. He attended the impressive proceedings at the invitation of Police Department. He thanked the entire police force for their very hard work and for earning accreditation in such a short time. IX. EXECUTIVE SESSION City Manager Moseley announced the cancellatiœ of the executive session. a. b. Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 10: 12 p.m. Sandy Lyle Acting Deputy City Clerk MEETING DATE: 12/03/02 ITEM# ::::rz- ~L CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2003-04 General Fund Recommendation for Human Services CATEGORY: BUDGET IMPACT: ¡g¡ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $412,500 $445,838 $33838.00 ATTACHMENTS: I) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated November 1,2002. This includes a summary of Employee Contribution and Defendant Deferral to Human Services fund, and a detailed summary chart listing each proposal, with the requested amount, the funding level and a contingency plan. SUMMARYIBACKGROUND: The Human Services Commission reviewed and evaluated 37 proposals for 2003-04 funding cycle in the amount of$718,366. The Commission made preliminary recommendations based on a General Fund available funds of$412,500. Following the Public Hearing on October 28,2002, the Commission revised the recommendations and contingency plan, using additional funds from employee donation / defendant deferral totalling $33,838. The Commission also proposed additional contingency plan based on possible additional contribution from this source at the end ofthe year. CITY COUNCIL COMMITTEE RECOMMENDATION: At their November 12, 2002 meeting, the Committee reviewed and approved the Commission's recommendations as presented. PROPOSED MOTION: I move approval of the 2003-04 Human Services Commissio's general fund recommendation including employee donation and defendant deferral in the amount of$445,838, with a contingency plan of up to $14,000 based on donations collected from October to December, 2002. CITVMANAGERAPPROVAL, . ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 5.A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: November 1, 2002 ~ Lydia Assefa-Dawson, Human Services Manager :ft.ir~ David Mo~anager ' 2003 General ~n1ls Recommendation for Human Services Background After months of review, deliberation process and a Public Hearing, the Human Services Commission is forwarding a recommendation for the 2003 funding for Human Services to the Parks, Recreation, Human Services and Public Safety Committee for its review and recommendation to the full City Council for approval. For the 2003-04 funding cycle, the City received applications from 31 agencies representing 47 programs, which totaled $718,000 in request. The City has $412,500 in the proposed budget for funding these programs, which is 57% of the requested amount. In addition, the City has funds from Employee contribution and Defendant Deferral in the amount of $33,338 year-to-date (Attachment 1), for a total of $445,838. The Commission's recommendation will remain the same for 2004, unless there is a change in the funds available or delivery of services for 2004, at which point the commission will come before this Committee with a recommendation. This year, the Commission was faced with greater challenges than ever before. With a tough economy, high unemployment rate, reduction in child-care subsidy, and the County's proposal to pull out of human services, it will be difficult for agencies to meet the increasing demands of those who need the services and the diminishing resources. King County Executive is proposing to cut Human Services by 50% in 2003 and eliminate the remaining 50% in 2004. The impacts of this proposal and other State and Federal Funding on the agencies could be significant. The following chart summarizes the requests received and the amount recommended in the four Council Goal areas. Council Goals 2002 Funding 2003 Request 2003 Recomm. Contingency plan 1) Basic Needs $166,000 $202,957 $176,650 $2,000 2) Public Safety $217,000 $359,737 $178,690 $12,000 3) Self-Sufficiency $46,500 $97,672 $48,000 $0 4) Strong N'Hoods $11,000 $58,000 $9,159 $10,000 TOTAL: $440,500 $718,366 $412,500 $14,000 Funding Recommendation As stated above, the Human Services Commission has a funding recommendation totaling $445,838 (Attachment 2). These funds come from 3 funding sources: City's General Funds: Employee Donations: Defendant Deferral: TOTAL: $412,500 $2,892 $30,446 $445,838 P\ - \ Human Services funding recommendation November J, 2002 Page 2 Additionally, the Commission has a contingency plan in the amount of $14,000 to fund 3 programs that are not in the original recommendation and to fully fund 1 additional program. The funds for the contingency plan will come from employee donation and defendant deferral between now and the end of the year. Committee Recommendation CD The Committee recommends approval of the 2003-04 Human Services Commission's general fund recommendation including employee donation and defendant deferral in the amount of $445,838, with a contingency plan of up to $14,000 based on donations collected between now and the end of the year. This recommendation is forwarded to the full City Council for approval on December 3, 2002. 2. The Committee recommends approval of the 2003-04 Human Services Commission's general fund recommendation including employee donation and defendant deferral in the amount of $445,838, with a contingency plan of up to $14,000 based on donations collected between now and the end of the year. The committee makes the following modification(s): This recommendation will be forwarded to the full City Council for approval on December 3, 2002. 1\-L P \ U City of Federal Way 2002 Donations to the Human Services Fund 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total Employee $640.00 $1,272.00 $980.00 $0.00 $2,892.00 Defendant $9,982.00 $8,070.00 $10,702.00 $1,692.00 $30,446.00 Total $10,622.00 $9,342.00 $11,682.00 $1,692.00 $33,338,00 Memo I Eden report $10,622,00 $9,342,00 SI1,190,00 $0,00 $31,154.00 $1,692.00 # S2,184,00 Difference $0.00 Auction Proceeds $0.00 United Way King County $0.00 United Way Pierce County S2,184,00 Balance Reconciliation: $0.00 $0.00 $492.00 10/17/0211:57 AM Y Dee Dee Catalano K:\CD Human ServÎces\HS Fund\Donations to HS Fund 2002.xls A-rrAC\1l"lE.NT .i City of Federal Way Human SetVices Commission 2003-2004 FUNDING RECOMMENDATION ATTAClfr?1eNT 2... Agency Prog,.m ~ I -Ç:> Catholic Community SetVices Emergency Assistance $5,000 $5,000 $5,000 $5,000 $5;000 Catholic Community SetVices After-Hour Vouchers $5,000 $5.500 $5,000 $5,000 $5,000 Cathol'" Community SetVices Kathetine House $5,000 $0 $0 Community Health Centers Dental Care $15.450 $15,450 $15,915 $15,900 $15,900 of Kina County Community Health Centers Medical Care $30,900 $30,900 $31,827 $31,509 $318 $31,827 of Kino Counlv Emergency Feeding Program Emergency Feeding $5,000 $5,000 $7,800 $7,183 $617 $7,800 Federal Way Community Emergency Shelter $10,000 $15,000 $15.000 $13,285 $1,715 $15,000 Car~ivinn Network Federal Way Community Transitional Shelter $4,000 $4,000 $4,000 $0 $0 $2,000 #3 Careeivina Network ¡FUSION' Federal Way Senior Center Adult Day Care/Nuttition $25,000 $11,643 $858 $12,500 The Joseph Foundation Noyes Home $3,000 $3,000 $3,000 $3,000 $3,000 Senior SetVices of Congregate Meals $1,650 $1,650 $3,000 $2,657 $343 $3,000 Seattle/KC Senior SetVices of Meals on Wheels $8,000 $10.000 $9.500 $8,986 $515 $9,500 Seattle/KC Senior SetVices of Volunteer Transportation $4,500 $5,500 $5,715 $5,288 $412 $5,700 SeattlelKC SKC Multi SetVice Center Food/Clothing Bank $30,000 $30,000 $31,000 $31,000 $31,000 SKC Multi SetVice Center Shelter $35,000 $35,000 $36,200 $36,200 $36,200 TOTAL ,Goal 01 $157,500 $166,000 $202,957 $176,650 $4,777 $0 $181,427 $2,000 Goal #1 Threshold = 37% ofavaHable funds (Based on 1412,500 = $152,625) Revised 11/2512002 "/CD ",man SeNiœsl2003.{)4 "S AJtocationsl2003.{)4 reœmmendation Agency Pr09ram J> , \J' ACAP Child & Family APPLE Parenting $5,000 $5,000 $10,000 Services Aubum Youth Services Teen Drop-In Center $10,000 $10,000 $20,000 Birth to Three Developmental Family Services $19,000 $19,000 $24,400 Center Catholic Community Services Children's DV Program $2,000 Children's Home Society of Strengthening Families $26,276 WA Children's Therapy Center Therapy Assistance $10,000 Cnsis Clinic Teen Link $3,000 Domestic Abuse Women's Advocacy, Shelter & $15,000 $15,000 $17,000 Network Outreach Elderhealth Northwest Adult Day Health $3,000 $3,000 NIA Federal Way Boys & Gins Operating Support $15,000 $15,000 $20,000 Club GnetWo"'s GnefTalk $10.000 Instilute for Family PACTICounseling $3,000 $3,000 $24,061 Development King County Coalition SKC DV Svc, System $15,000 Aoainst DV Planner King County Sexual Assault Complehensive Sexual $30,000 $30,000 $35,000 Resource Center Assault Services Korean Women's Association DV Counseling & $5,000 $8,000 $8,000 Intervention Valley Cities Counseling & Child & Family Counseling $58,000 $58,000 $75,000 Consultation Valley Cilies Counseling & Family Support Ctr. - $10,000 $10,000 $15,000 Consultation Lauretwood Valley Cilies Counseling & Domestic Violence $9,000 $9,000 $15,000 Consultation Treatment Prooram Valley Cities Counseling & DV Advocacy Services $27,000 $32.000 $30,000 Consultation TOTAL-Goal #2 $209,000 $217,000 $359,737 Revised 11/25/2002 ""CO H"man Sen<œ,nOO3.Q4 HS ¡>Jtocatlon,nOO:¡'04 recommendation $5,000 $11,690 $19,000 $0 $5,000 $0 $3,000 $15,000 $0 $10,000 $0 $3,000 $0 $30,000 $7.000 $35,000 $5,000 $5,000 $25.000 $178,690 $883 $883 $2,427 $2,000 $2,000 $10,000 $1,911 $5,000 $23,338 2003-2004 FUNDING RECOMMENDATION $5,000 $15,000 $21,000 - $0 $5,000 $0 $3,000 $17,000 $0 $10,000 $0 $3,000 $0 $30,000 $7,000 $45,000 $6,911 $5,000 $30,000 $202,911 $2,000 $5,000 $5,000 $12,000 #2 #4 #1 Agency Prog",m 2003-2004 FUNDING RECOMMENDATION Goal #3 - Self Sufficiency & Independence 'þ. I ~ ACAP Child & Family Subsidized Childca'e $8,000 $8,000 $10,000 Seovices Catha;;c Community Seovices Voluntee, Cho<e $3.000 $3,000 $3,000 Center Fo, Career Low Tech I High Wages $21,172 AJtematives Initiative KC Office of Regional Policy KC Jobs Initiative $20,000 & Plannino P,egnancy AJd of Seattle KC Pregnancy Aid $5,000 SKC Mu.i-Seovlce Cente, Lite",cy Program $12,000 $12,000 $13,500 VVWEE Computer Application $6,000 $6,000 $6,000 VVWEE Job Readiness $17,500 $17,500 $19,000 TOTAL . Gual #3 $46,500 $46,500 $97,672 $8,000 $3,000 $0 $0 $1,500 $12,000 $6,000 $17,500 $48,000 $0 $10,000 $3,000 $0 $0 $1,500 $12,000 $6,000 $19,000 $51,500 $2,000 $1,500 $3,500 $0 Goal #4 - Community Based Collaborations & Strong Neighborhoods Child Care Resources Child C.,e R & I $10,000 Crisis Clinic Telephone Seovices $4,000 $4,000 $10.000 PageMead Children's Lite,.cy Program $15,000 Uk,.inian Community Cente, Community Advocacy Prog. $10,000 ofWA World Vision Kid REACH Tuto,ing $7.000 $7,000 $13.000 TOTAL, GOAL #4 $11,000 $11,000 $58,000 $0 $9,159 $0 $0 $0 $9,159 $0 $0 $840 $840 $0 $10,000 $0 $0 $0 $10,000 I I GRAND TOTAL: ~ I ~ I $26,838 II $445,838 II $14,000 I 'Council appropriated funding level '-Additional funds from Employee donations and defendant defelTals Revised 11/25/2002 K:/CD Horn," Se"'œsI2003.{)4 HS AJ~cat;on"'O03.{)4 ,"commend,lion MEETING DATE: December 3, 2002 ITEM# ~ ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Authorization Seattle & King County Public Health Women Infant Children (WIC) Healthy Habits Grant CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 OR]}]NANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt: Contingency Req'd: $ $ $ ATTACHMENTS: Committee Action Form dated November 4,2002, Seattle & King County Public Health Women Infant Children (WIC) Healthy Habits Grant Authorization SUMMARYIBACKGROUND: The Parks, Recreation and Cultural Services Department wou1d like to enter into a two-year InterJocal agreement with Seattle & King County Public Health which wou1d allow us to receive funds from Women Infant Children (WIC) Healthy Habits grant money to provide recreation services to people in the Federal Way community who might not otherwise be able to afford to register for our programs. Our department would receive a maximum of $2,000 between now and December 3 l, 2003, depending on how many clients register for our programs through this grant. This is an opportunity for the City to help serve low income families and promote health, fitness and wellness. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend to Council a "do pass" to authorize the City Manager to accept this agreement, and to p1ace this item before Council on December 3, 2002. PROPOSED MOTION: "I move approval of the Seattle & King County Public Health Women Infant Children (WIC) Healthy Habits Grant Authorization as presented". ~I;~..~.~~~.~~~. ~~~I~~~~~:.1Jv~~~.......... ., (BELOW TO BE COMPLETED BY CITY CLERKS OFF/ChI COUNCIL ACTION: 0 APPROVED 0 DENIED COUNCIL BILL # 1 ST reading 0 T ABLEDIDEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 S.B CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: November4,2002 it ---- PRHSPS Council Committee ~ Mary Faber, Recre tion and Cultural Services Superintendent David M e e anager Seattle & Ki Coun Public Health Women Infant Childre (WIC) Healthy Habits Grant Authorization Background: The Parks, Recreation and Cultural Services Department would like to enter into a two- year Interlocal agreement with Seattle & King County Public Health which would allow us to receive funds from Women Infant Children (WIC) Healthy Habits grant money to provide recreation services to people in the Federal Way community who might not otherwise be able to afford to register for our programs. Our department would receive a maximum of $2,000 between now and December 31, 2003, depending on how many clients register for our programs through this grant. This is an opportunity for the City to he]p serve low income fami]ies and promote health, fitness and wellness. Committee Recommendation: Motion to recommend to Council a "do pass" to authorize the City Manager to accept this agreement, and to p]ace this item before Council on NG¥=ber-l-9-, 2002. ì::::Eu:.w-- ~ ~, 2-,-", ¿ APPROVAL OF COMMITTEE REPORT: C~~~ Committee Member ß-\ ~ King County Contract No. Federal Taxpayer 10 No. 0315430 DepartmenUDivision Seattle-King County Department of Public Health aka Public Health-Seattle & King County Agency Federal Way Parks, Recreation and .Cultural Services Project Title WIC Healthy Habits Project Contract Amount $ 2,000.00 Fund Code WIC Contract Period From: June 1, 2002 To December 31,2003 KING COUNTY AGENCY SERVICES CONTRACT - 2002 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Federal Wav Parks, Recreation and Cultural Services, whose address is 33530 1st Wav South, Federal Wav. WA 98003, (the "Agency"). WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES FEDERAL FED WIC FDA REV QUAL $1,000.00 6/1/02 to 12/31/02 $1,000.00 1/1/03 to 12/31/03 TOTAL $2,000.00 6/1/02 to 12/31/03 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 14265. This form is available in alternate formats for people with disabilities upon request. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: ß-L-. ~~f1 Q (í'iŠ{O& }I 2002 AGENCY SERVICES BOilERPLATE-PH Page 10122 II. III, I. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: . ~ ~ ~ ~ ~ Scope of Services Invoice Form W-9 Certificates of Insurance/Endorsements 504/ADA Assurance of Compliance Attached hereto as Exhibit I Attached hereto as Exhibit II Attached hereto as Exhibit III Attached hereto as Exhibit IV Attached hereto as Exhibit VII DURATION OF CONTRACT This Contract shall commence on the 1st day of June 2002, and shall terminate on the 31st day of December 2003, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: . Upon receipt of a monthly invoice as attached in Exhibit III that complies with the budget in Exhibit II. B. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 15 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. ,The County shall make payment to the Agency not more than 45 days after the appropriate invoice is received. C. The Agency shall submit its final invoice and all outstanding reports within 10 days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. ß-::, 2002 AGENCY SERVICES BOILERPLATE-PH Page 2 0122 , IV. OPERATING BUDGET When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. The contract may contain separate budgets for separate program components. The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. .VI. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six (6) years after tennination hereof unless pennission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. . C. The Agency shall infonn the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. VII~ AUDITS A. If the Agency expends a total of $300,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Agency shall provide a copy of the audit report to each County division' providing financial assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal year. The Agency shall provide to the County their response and ß-~ 2002 AGENCY SERVICES BOILERPLATE-PH Page 3 of 22 corrective action plan for all findings and reportable conditions contained in their audit. When reference is made in their audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide copies of those communications and the Agency's response and corrective action plan, B. If the Agency is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VILA. VIII. EVALUATIONS,AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract, The County will give advance notice to the Agency in the case of fiscal audits to be conducted by the County. B. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. C, The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process, The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. IX. CORRECTIVE ACTION If the County determines that a breach of Contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Agency in writing of the nature of the breach; B. The Agency shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Agency's response, ß-S 2002 AGENCY SERVICES BOILERPLATE-PH Page 4 of 22 unless the County, at its sofe discretion, specifies in writing an extension in the number of days to complete the corrective actions; C. The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The determination of sufficiency of the Agency's corrective action plan shall be at the sole discretion of the County; D. In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI.B; E. In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties máy have pursuant to Section XI, Subsections A, B, C, D, and E. X. ASSIG NMENT/S UBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. B. .Subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term .subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency thirty (30) days advance written notice of the termination. B. The County may terminate this Contract,. in whole or in part, upon seven (7) days advance written notice in the event: (1) the Agency materially breaches any duty, obligation, or service required .pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. B-~ 2002 AGENCY SERVICES BOILERPLATE.PH Page 5 of 22 If the Contract is terminated by the County pursuant to this Subsection XL B. (1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. ), '; If the termination results from acts or omissions of the Agency, including but not limited to misappropñation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by 'the County. C, If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency' shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination, Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at' the close of the current appropñation year. D. The Agency may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this ContlCct or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party, XII. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make \3>-, 2002 AGENCY SERVICES BOILERPLATE-PH Page 6 of 22 no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County [and the State of Washington, (when any funds for this Contract are provided by the State of Washington)], their officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the I terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Agency shall protect, defend, indemnify, and save harmless the County, their officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out 'of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency, The County will protect, defend, indemnify, and save harmless the Agency, their officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extends to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents, For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of ß-?) 2002 AGENCY SERVICES BOILERPLATE-PH Page 7 of 22 Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attomeys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this agreement. INSURANCE REQUIREMENTS XIV. A. By the date of execution of this Contràct, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons' or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may fumish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this contract. . For All Coverages: Each insurance policy shall be written on an .occurrence" form; except that insurance on a .claims made" form may be acceptable with prior County approval. If coverage is apprbved and purchased on a .claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a Uclaims made" form to an .occurrence" coverage form, By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract, The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, ß-\ 2002 AGENCY SERVICES BOILERPLATE-PH Page 8 of 22 which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that' services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require a professional standard clca~ . 3. Automobile Liability: In the event that serVices delivered pursuant to this Contract require the use of a vehicle or involve the transportation of c1ients by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall provide , evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for. ß-Io 2002 AGENCY SERVICES BOILERPLATE-PH Page 9 of 22 ., 1. General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. ., ~ 2. Professional Liability, Errors, and Omissions: $1,000,000. 3, Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. 4. Workers' Compensation: Statutory requirements of the state of residency. D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved' by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. . E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies Except Professional and Workers Compensation a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability. arising out of activities performed by or on behalf of the Agency in connection with this Contract. b. The Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way, c. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies ß -I) 2002 AGENCY SERVICES BOILERPLATE-PH Page 10 of 22 Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coverage The Agency shall fumish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the contract. The certificates and endorsements 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 for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. H. Subcontractors The Agfi!ncy shall include all subcontractors as insureds under its policies or shall fumish separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein, I. Municipal or State Agency Provisions If the Agency is a Municipal Corporation or an Agency of the State of Washington and is self-insured for any of the above insurance requirements, a 2002 AGENCY SERVICES BOILERPLATE-PH 8--IL rage 11 of22 certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section, , r. xv, NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment and Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. B. Nondiscrimination in Subcontracting Practices During the solicitation, award and .term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subconsultants and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or ~hysical disability in an otherwise qualified disabled person. C. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI, VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. D. Small Business and Minority and Women Business Enterprise Opportunities King County encourages the Agency to I1tilize small businesses, including Minority-owned and Women-owned Business Enterprises ("MlWBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote ope,:, competitive opportunities for small businesses, including MlWBEs: 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities, 2002 AGENCY SERVICES BOILERPLATE-PH ß--3 Page 12 of 22 2. Placing all qualified small businesses, attempting to do business in King County, including MNVBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including MNVBEs, 4. Establishing delivery schedules, where the requirements of this contract permit, that encourage participation by small businesses, including MNVBEs. 5. Providing small businesses, including MNVBEs that express interest with adequate and timely information about plans, specifications, and, requirements of the contract. 6. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including MNVBEs. 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified MlWBEs. Contact OMWBE office at (360) 763-9693 or on-line through their web site at www.wsdot.wa.gov/omwbel. E. Equal Employment Opportunity The Agency will implement and carry out the obligations in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other requirements as set forth in the Affidavit and Certificate of Compliance. F. Fair Employment Practices King County Code Chapters 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcòntracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: 1. Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment; ß-I~ 2002 AGENCY SERVICES BOILERPLATE-PH Page 13 of 22 2. Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; " 3. Employer, employment agency, or labor organization to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; 4, Employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; 5, Employer, employment agency or a labor organization to retaliate against any person because that person has opposed any practice forbidden by KCC Chapter 12,18 or beca'use that person has made a charge, testified or , assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of KCC Chapter 12.18; 6. Publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of KCC Chapter 12.18.030.C., or to segregate and separately designate advertisements as applying only to men and women unless such discrimination is reasonably necessary to the normal operation of t~e particular business, enterprise or employment, unless based upon a bona fide occupational qualification; 7. Employer to prohibit any person from speaking in a language other than English in the workplace unless: a. The employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. G. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least 12 months after completion of all work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2002 AGENCY SERVICES BOILERPLATE-PH rr/s Page 14 of 22 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subconsultants and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistanœ requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. H. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract, for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by , contract and by applicable law. I. Reporting 1. The Agency entering into a contract or agreement with King County valued at $25,000 or more shall submit with this contract a total Personnel Inventory Report providing employment data for minorities, females, and persons with disabilities. Subject to the provisions of KCC Chapter .12.16,060, the Agency's Personnel Inventory Report shall be effective for two years atter the date on which the report was submitted. 2, The Agency entering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an affidavit of compliance in the form provided. by the County, demonstrating commibnent to comply with the provisions of KCC Chapter 12.16 in accordance with paragraph A of this Section xv. The Agency shall complete the affidavit of compliance provided by the County and attach the original, notarized, completed form to this Contract. Subject to the provisions of KCC Chapter 12.16.060, the Agency's affidavit of compliance shall be effective for two years atter the date on which the report was submitted. If the Agency engages in unfair employment practices as defined above, remedies as set forth in KCC Chapter 12.1 B shall be applied. 2002 AGENCY SERVICES BOILERPLATE-PH ß-lto Page 15 of 22 The Agency will complete all reports and fonns (including Department of Social and Health Services non-discrimination fonns, where applicable) provided by the County and will otherwise cooperated fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The agency shall complete a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended (U504") and the Americans with Disabilities Act of 1990 ("ADA"). The Agency shall complete a 504/ADA Assurance of Compliance, and corrective action plan as needed for structural, programmatic, and/or service changes necessary at each of its premises within the State of Washington to comply with 504 and the ADA, and it is attached as an exhibit to this Contract and is incorporated herein by reference, XVII. SUBCONTRACTS AND PURCHASES A. The Agency will include the above Sections IV, V, VI, VII, XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for se.rvices which relate to the subject matter of this Contract. B. The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this contract: . .Subcontractor shall protect, defend, indemnify, and hold hannless King County, and the State of Washington (when any funds are provided by the State of Washington) their officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of provider, its officers, employees, and/or agents in connection with or in support of this Contract, Subcontractor expressly agrees and understands that King County is a third party beneficiary to this contract and shall have the right to bring an action against provider to enforce the provisions of this paragraph." XVIII, CONFLICT OF INTEREST KCC Chapter 3.04 is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KC'C Chapter shall be a material breach of contract. 2002 AGENCY SERVICES BOILERPLATE-PH ß-I, Page 16 of 22 A. The Agency covenants that no officer, employee, or agent of the County who . exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision, B. If the Agency violates the provisions of Subsection XIX. or does not disclose other interest required to be disclosed pursuant to KCC Chapter 3.04, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section XI. above, as well as any other right or remedy provided in this Contract or law, XIX. CREDENTIALlNG, LICENSING, AND ENROLLMENT REQUIREMENTS FOR INDEPENDENT HEALTH CARE PRACTITIONERS AND ALLIED HEALTH PROFESSIONALS A. Definitions. 1. Independent Health Care Practitioners (IHCPs) are those health care providers who, within the scope of their training, Licensure, and experience, can independently diagnose, initiate, alter or terminate health care treatment. This includes physicians, pathologists, dentists, ,nurse practitioners, nurse midwives, clinical social workers, clinical pharmacists, chiropractors, physician assistants, and naturopaths. Volunteer providers, contractors of the Health Department, and clinical researchers in the above professional categories are also considered independent health care practitioners. 2. Allied Health Professionals (AHPs) are health services personnel who are required ,10 maintain a Washington State License to satisfy their job requirements. To have specialized licenses such as, Sr, EHS, EHSS, RN, but are not included in the definition of Independent Health Care Practitioner, are considered AHP's. This category includes but is not limited to pharmacists, registered nurses, public health nurses, dental hygienists, X-ray technicians, nutritionists, laboratory microbiologists, paramedics, counselors, acupuncturists, LPN's, and social workers. B. Requirements for all Independent Health Care Practitioners and Allied Health Practitioners 1. Each IHCP and AHP employed by or under the auspices of the Agency, who agrees to perform health care services pursuant to this contract, shall adhere to the requirements set forth herein. These requirements are 2002 AGENCY SERVICES BOILERPLATE-PH ß-I~ Page 17 of 22 material to the contract. Technical assistance is available to the Agency to assure compliance with these requirements from the PHSKC Credentiàls Office. The Agency will receive an annual on-site audit from representatives of the County to verify that the information required herein is maintained by the Agency. Said requirements are: a) Credentialing (for IHCPs) that meets or exceeds the following minimum requirements: 1) Evidence of primary source verification of the IHCP's licensure, certification or registration and a copy thereof, 2) Evidence of review and verification of IHCP's professional education degree(s) and a copy thereof, 3) Evidence of review and verification of professional references, 4) Evidence of review or history of liability claims and adverse actions, 5) Evidence of review of the IHCP's health fitness for work, 6) Evidence of review of any findings from professional review organizations, 7) Evidence of practice reviews by peers, and 8) Evidence of protocols and procedures that establish a secure environment to safeguard the confidentiality of each IHCP's professional credentials and profile. b) Licensure, certification or registration requirements: AlIlHCPs and AHPs shall have current Còpies of their Washington State licenses, certifications or registrations on file at their work site. Procedures shall be in place that assure that IHCP's and AHPs shall provide patient services only with evidence of a current license, certification or registration. . C. Requirements for Independent Health Care Practitioners and Allied Health Professionals who work at County sites 1. Agencies who employ or manage IHCPs and AHPs who practice at a County site(s) are required, as a condition precedent to this Agreement, to provide the following materials to the County prior to Contract signature: a. Provide completed forms and materials for each IHCP as required in Exhibit A, Profile for the Agency-Contràcted IHCP, including licensure, Curriculum Vitae and other document copies as identified in said exhibit. (Exhibit A need only be completed once during the IHCP's period of assignment at a County site.) Provide copies of current licensure, registration or certification for each IHCP and AHP, with provider signature and work site noted on the copy. Provide vital statistics information if requested on each IHCP and AHP that includes, but is not limited to, birth date, social security number, sex, practice specialty, and years of experience. Said b. c. 2002 AGENCY SERVICES BOILERPLATE-PH ß-\, Page 18 of 22 information will be used for reporting purposes to government entities and as requested by third party payors for their enrollment requirements. 2. Upon commencement of this Agreement, the Agency is required to assure that completed Provider Plan enrollment forms for DSHS, Regence Blue Shield, Community Health Plan of Washington, Medicare and other provider plans as directed by the PHSKC Credentials Office are submitted by each Agency IHCP practicing at a County site. These materials are directed to your Agency's IHCPs after they complete the forms set forth in Exhibit A and must be received by the PHSKC Credentials Office no later than two weeks after the IHCP receives said materials. 3. When IHCPs and AHPs are assigned to work at County sites after the commencement of this contract, the Agency will assure that the requirements set forth in Section XX.C.1, herein will be met within five working days prior to the IHCP or AHP reporting to work at the County site, and that the' requirements of Section XX.C.2, will be completed in accordance with the time frame delineated therein. The terms and conditions of this section are material to this agreement and non- compliance with this section will be cause for termination of the agreement in accordance with Section XI. POLITICAL ACTIVITY PROHIBITED xx. None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XXI; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Agency agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $1,000 per item or more, when the purchase of . such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state govemment. B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Agency will ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. 2002 AGENCY SERVICES BOILERPLATE-PH ß- 2-0 Page 19 of 22 D. The Agency will admit County staff to the Agency's premises for the purpose of marking such property with County property tags. E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XXII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of the Agency and the director/manager' of the County department/division specified on page 1 of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIII. PROPRIET ARYRIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the Agency. T~e Agency agrees to and does hereby grant to the County, irrevocable, nonexclusive, and royalty-free license to use,. according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. XXIV. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. XXV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY 2002 AGENCY SERVICES BOILERPLATE-PH ß-7-\ Page 20 of 22 The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15% higher than the cost of noncrecycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recycledlrecyclable products wherever practical in the fulfillment of this ~~ . XXVI. ENTIRE CONTRACTIWAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the tenns hereto' and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the perfonnance of the provisions of 'this Contract. Waiver of any default shall nol be deemed to. be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the tenns of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXVII. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26,44, 69.54,70.02, 70. 96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder; the Basic Interagency Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXVII. CONFIDENTIALITY 2002 AGENCY SERVICES BOILERPLATE-PH ß - 2~2 Page 21 0122 The agency agrees that all information, records, and data collected in connection with this contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. KING COUNTY: FOR King County Executive Date Approved as to Form: .OFFICE OFTHE KING COUNTY PROSECUTING ATTORNEY December 5. 2001 APPROVED AS TO FORM: CITY OF FEDERAL WAY Patricia A.Richardson, City Attorney &-7-5 2002 AGENCY SERVICES BOILERPLATE-PH AGENCY: Signature Name (Please type or print) Date Page 22 of 22 Exhibit I: Scope of Work Federal Way Parks, Recreation and Cultural Services WIC Healthy Habits Project Contract D31S43D June I, 2002-December 31, 2003 I. Introduction The purpose of this agreement is to establish a relationship between Seattle-King County Department of Public Health aka Public Health Seattle & King County-Parent Child Health Division (PHSKC-PCH) and Federal Way Parks, Recreation and Cultural Services (FWPRCS). PHSKC-PCH and FWPRCS will work cooperatively to provide physical fitness and recreational activities to Women Infant Children (WIC) families ertrolled In the WIC program at all PHSKC-PCH district sites. ll. Pro!!ram Plan FWPRCS staff will assist with coordination of a variety of physical fitness and recreational activities for WIC famiiies provided physical activity scholarships through PH-S&KC. FWPRCS Staff members will assist WIC families with class selection and provide the physcial activity classes with instruction. Activities may include gymnastics/tumbling, "play time" sessions, music/singing classes, art classes, and other activities to foster physical and mental development. FWPRCS Services are provided throughout the Federal Way area. FWPRCS will meet with PHSKC-PCH regularly to evaluate program operation and to review WIC client accessibility. FWPRCS will provide utilization data to include number ofWIC participants, attendance and services selected. ill. Reimbursement PHSKC-PCH shall reimburse FWPRCS up to $1,000.00 for service activities in 2002; PHSKC-PCH shall also reimburse FWPRCS up to $1,000.00 for service activities in 2003. Total consideration 6/1/02- 12131/03: $2,000.00. Reimbursement shall be made monthly upon receipt of the attached Invoice (Exhibit II). PCH/CONTRACTSI2002 RENEW ALS/2002 WIC CONTRACT DA T AlFWPRCSIFWPRCS DRAFT EXHIBIT 6-J~ Exhibit II: Invoice Federal Way Parks, Recreation and Cultural Services WIC Healthy Habits Project June 1, 2002 - December 31,2003 Contract 0315430 Rob Tarkowski Public Health - Seattle & King County 999 Third Avenue, Suite 900 Seattle, WA 98104-4039 Period of Time: I hereby certify that the following expenses were incurred during the above referenced period of time and request reimbursement. . Budget Current Exp. Accum. Exp. Balance $2,000.00" "Funding Breakdown: Up to $1,000.00 available 6/1/02-12/31/02; Up to $1,000,00 available 1/1/03-12/31/03. Signature Date For Departmental Use Only Fund Source Program Budget Curro Expend. Accum. Expend. BALANCE Suffix A 8021/HOO037 $ 1,000.00 Suffix B 8021/HOO037 $ 1,000.00 Total $ 2,000.00 Program Monitor Date PCHlCONTRACTSIMONITORINUTR1TION-HUTCHISONl2OO2 WIG BILLlNGlFWPRGS ß~ 2-5 Contract Exhibit - 504/ADA DISABILITY ASSURANCE OF COMPLIANCE Complying with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act of 1990, two federal laws which prohibit discrimination against qualified people with disabilities. I understand that federal and state laws prohibit discrimination in public accommodations and employment based solely on disability. In addition, I recognize that Section 504 requires recipients of federal funds (either directly or through contracting with a governmental entity receiving federal funds) to make their programs, services, and activities, when viewed in their entirety, accessible to qualified and/or eligible people with disabilities. I agree to comply with, and to require that all subcontractors {;omply with, the Section 504/ADA requirements. I understand that reasonable accommodation is required in both program services and employment, except where to do so would cause an undue hardship or burden. I agree to cooperate in any compliance review and to provide reasonable access to the premises of all places of business and employment and to records, files, information, and employees therein to King County for reviewing compliance with Section 504 and ADA requirements, I agree that any violation of the specific provisions and terms of the 504/ADA Disability Assurance of Compliance and/or Corrective Action Plan required herein or Section 504 or the ADA, shall be deemed a breach of a material provision of the Contract between the County and the Contractor. Such a breach shall be grounds for cancellation, termination, or suspension; in whole or in part, of this Contract by the County. According to the responses to the questions in the 504/ADA Self-Evaluation Questionnaire, (company name) 1\.1. ~ of RÁe.-ra./ W~ is in compliance with 504/ADA. If the above response is NO, the following corrective actions will be taken: ~NO Corrective Action Plan The following Corrective Action Plan is submitted to comply,with Section 504 and ADA requirements. General Requirements Actions To Be Taken Completion Date Actions To Be Taken Program Access Completion Date 504/ADA DISABILITY ASSURANCE OF COMPLIANCE (continued) SO4/ADA Contract Forms, 8-21-01 B- 2Jo // Employment and Reasonable Accommodation Completion. Date Actions To Be Taken Physical Accessibility Completion Date Actions To Be Taken I Declare Under Penalty of Perjury under the Laws of the State of Washington that the Foregoing is True and Correct. . Contractor: Company Name City State Zip Street Address Authorized Signer. Name (type or print) Title Phone Signature For Notary: Státe of Washington, County of Signed and attested before me on (date) by (print authorized signer name) Notary signature: Notary (print name): My appointment expires: 5O4tADA Contract Forms, 8-21.{j1 ß-d-\ 2 F"'m W-9 (Rev. Jaooa<y 2oo>) PatHs í 1/ I Request for Taxpayer Identification Number and Certification Give f('t'm to the requester. Do not send to the IRS. N .. [ ¡¡ ..~ £;~ ~~ ;f~ 0: '¡j Q. "' .. .. "' Check app<opriale 00" 0 ~iel'" Address loomber. ...... and apt. .. suite 00,1 yo P"O)6 q 1 a~. slate,~ ~~( I¡i Ust account ov.nnber(s) hefe (optiooaQ 0 C..po<ation v.5A q~O~~-ttll~ o. Tax a er Identification Number IN Enter you< TIN in the appropriate box. For individuals. this is your social security number (SSN). Howe."", fo< a t'osldent alien" sole proprieto<. 0< dls<egarded entity, see the Part I instlUctions on page 2. F.!¡r other entities, it is Yoof employer identifocation number (EIN). . you do not have a number, see How to get a TIN on page 2. Note: If the account is in more than one name. see Ihe chart on page 2 for guidelines on whose numbet' 10 enter. , . Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because, (a) 1 am exempt from backup wit_ldlng. <)f (b) I have not been notified by the Internal Revenue SelVice ~RS) thai I am subject to backup withholding as a resuit of a fa~u<e to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person 6nc1uding a US. resident alien). Certification Instnlctions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retUIT1. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured properly, cancellation of debt. contributions to an individual retiTement arrangement ~RA). and generally. payments other than interest and dividends. you are not required to sign the Certification, bUt you must provide your correct TIN. (See ins~uctions on page 2,) Sign Here Purpose of Form A person who Is required to file an information return with the IRS must get your correct taxpayer identifICation ntanber (TIN) to report. for example, income paid to you, real estate transactions, mortgage Interest you paid. acquis!tion or abandonment of secured property, cancellation of debt. or COOOibutlons you made to an IRA. Use Form W,9 only if you are a U.S. person 6nduãmg a resident alien). to give your COITect TIN to the person requesting it (the request"" and. when applicable, to, 1. Certify the TIN you are giving Is correct (or you are waiting for a number to be Issued). 2. Certify you are not subject 10 backup withholding. or 3. ClaIm exemption from backup withholding if you are a U.S. exempt payee. If you are a f."..,;gn person. use the appropriate Form W-8. See Pub. 515, Wtthholding of Tax on NOIYesident Aliens and Foreign Entities. Note: If a roque- ghtes "'" a form other than Fdm W-9 10 request your TIN. "'" musl use the requesters form if ft is substantially similar to lros Form W.9. t is backup wtthhoIding? Persons making certain payments to you must under certain conóotlons withhold and pay to the IRS 30% of such payments after December 31.2001 (29% after December 31, 2003). This Is caRed "backup withholding." Payments that may be subject to backup withholding lnclude interest. dividends. broker and barter exchange transactions, rents, royalties. nonempIoyee pay, .... certain payments from fishing boat operators. Real estate ~ansactions are not subJect to backup withholding, Vou will not be subject to backup withholding on payments you reCeive if you give the requester your correct TIN, make the proper cenificatioos, and repor1 al your taxable Interest and dividends 00 your tax reI1m. Payments you receive wiI be suI!ect to backup withholding if: 1. You do not furroish your TIN to the requester, or 2. Y 00 do not certify your TIN when required (see the Part II instructIons 00 page 2 for deta~s). or 3. The IRS tefts the requester thaI you furnished an incorrect TIN. or 4. The IRS tells you that you are subJect to backup withholding because you did not taport all your interest and dividends 00 your tax retUt'll (for reportable interest and dividends ooIyI. or OIher ~ {;¡~.~...uu, 0 ;:::.~ baCkup Requester's name and a""'ass (optionaQ I Social security .....- II tit I Date ~ '6 ~'Y S. You do not certify to the requester that you are not subject to backup withholding under 4 above Uor reportable interest and dividend accounts openedafier 1983 ooIyI. Certain payees and payments are exempt from backup withholding. See the instnJctlons un page 2 and the separate Instructions for the Requester of Form W-9. Penalties Fail"", to furnish TIN. . you fall to hrnIsh your correct TIN to a requester, you are subject to a penalty of $50 for each such faHu<e unless your fail..., ;s due to reasonable cause and not to willful neglect. Civil penalty for false information wid1 respect to withholding. . you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Wi11fuiiy falsifying certifications or affirmations may subject you tu aiminàl penalties including lines and/or imprIsonmeot. Misuse 01 TINs. . the requester discloses or uses TINs in violation of Federal law. the requester may be subject to civil and rominal penalties. Cal, No. 10231X ß- ;)'t' Form W-9 (Rev. I-ZOO>) From: Ste"e Roberton At B70wn & Brown otWashington FaxlD: Fax 253-396-4500 To J....."fer Mayer. CPRP Date: 9117102 I1A6 AM Page: 1 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANC~~~~osR I DATE IMIWO/YY) 09/17/02 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Brown of Washington HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR P. O. Box 1718 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tacoma H7\, 98401 Phone: 253-396-5500 Fax: 253-396-4500 INSURERS AFFORDING COVERAGE >lSUR'O """H> A st Paul Fire && Marine 'INSCÆ." mrh °iei~~~Í:~s~~~ein ~~~.~EPC ,... POBox 9718 Federal way H7\, 98063-9718 I"""""'" tNSt«ER E COVERAGES THE PC-lOCIES,OF "<SlR""E USTED BELOW "'VE BEEN ~SŒ" TO THE """"0 """'D AB(NE Fe" THE P':'<IC,. PERIW """CATED "'!WI_T.""""" /W""'JUI""",",. ŒliMWCOND"""H)f ""'CON"""" OR or>ER DOC'.MONI WotNt<ES"tCI rOWH<CN INOS "R,"ICATE """ IJE 'saEü",r ""w PERTAIN. "" INSUlWK:E Al'FOI<:€D BT THE eW"'ES DESCR,"ED I€P£IN ~ SU3.IECT TO Atl THE ÆRMS. EXÇlIJSI"'" "'" CONDon"'IS" WON PC,""'E$ AGGREGATE LIMITS $f<""" MAT "'VI' BEEN RfOlŒO BY PAID ""AlMS LTR TYPE OF tNSURANCE DATE IMMIDOIYY) POlICY NUMBER ~NERAL IIAB<tTY A X ("j"€R"'AL '"""'RA!. UABIIITY GP09306934 ~~CLAIMSWŒ Œ]occw 01/31/02 ~ A(:."'~ L,::. APPLn'ES PER I 1 POL"A I I ~"'CT LOC AIITOM08LB LtABLflY I--'- A X "',<CO') - "-l OWN'" "'lOS W"CUEDAUWS GP09306934 I 01/31/02 I I I I I - ""',"OAl,I", - "'" OWNED MOS - GARAGE IIAStUTY =j/WTAUro EXCESS IIAS<flY A =:J ,xcc« 0 CUllM' M'Ü€ GP09306934 01/31/02/ ¡ I i ! ! I hutl"""'"" biÎ""TEM'C<' 110,000 WORKERS COMPENSATION AN;) EMPLOYERS'ltABl.flY OTHER DATE IMMIDOIYY) UNITS . EN;HOCCURRE"'" 1$1,000,000 1 $ 100,000 1$ 0 1$1,000,000 1$2,000,000 1$2,000,000 01/31/03 FlRf"""""""t....~.",) I M,,"CXI'I""'~""-I PERSo- , /'DV tN,.." I (-a£RÞ,L ""'oPEGATE PRODO:TS. W"""" """ I ¡ C"..,INED $IN("" lOOT 01/31/03 ,1[A~""'" I'ooc""""",y I'P-"""", ,un, .... ¡Be';., """'r !(p.~","" IJ.,OOO,OOO 1 I PR<JP€Rrr COMA<;f !iP.Ko"",) , IAIJ[.?_C<"Y:EA,"':"~€HT .. 1 101>£. """ EAACC. : AUTO c<u #" 1 I [ACI",,:a"Rmx 110,000,000 01/31/03 I""",,,,""'" 1 J.O ,000 ,000 1 1 1 I m-.~~~M:'is I r'.;," lE;L; EAo:IiA<:<:IC€NT- 1 lEt [)SI'A.<;E,EAro.f'l.O"ff 1 ; E l [)SEIISE POLtC".oUT 1 . DESCRPTION OF OPERA1lONSII.0CAT1ONSiVEHlCLESÆXCLUStONS AOOEU BY EI'ÐORSEMENTISPECIAL PROVISIONS It is agreed that the Certificate Holder is included as Additional Insured, per form G0270 attached, but only as respects the liability of the Named Insured in connectión with Parks, Recreation & Cultural Services Dept contract for mc Health Habits grant. CERTIFICATE HOLDER I y I AOOmONALNSUREO; tNStJRERLETTER. A CANCELLATION SEAT - 9 8 SHIXA1) "" OF me ABOVE OESCRESO POlOCES BE CANCB.LED BEFORE THE EXPtRAT1ON Seattle-King County Public DATE "'EREOF. THEtSSUlNGI<SURERWUENDEAVORTOMAI. .1LOAYSWRIT1EN Health Dept NOTIce TO THE CERTlFtCATE HOlDER NAMED TOTIiE LEFT. Bur FAILURE TO DD so SHALL Gladys Atabong tMPOSE NOO8lIGAT1ON OR lIABUTY OF ANTKN> UPON THE "SURER. ITS AGENTS OR 999 Third Ave, 11520 Seattle H7\, 98104-4039 REPRESENTATIVES, ! A'7"IRJ2EO 'ARESENTATIVE 1L/I#7JI } ~ ACORD 2S-S (7/97) ß-.;;l4 ,;¡ACORD CORPORATION 1988 MEETING DATE: December 3, 2002 ITEM# =:IT (/J ----.-..'..'----.,.,.-.--...--,---..-------.---..-.,----'.-----'-----.----.-.'.'--------------,--..---,.----. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Star Lake Vista Final Plat, File No. 02-1 02235-00-SU CATEGORY: BUDGET IMPACT: IZI CONSENT IZI RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDIN~CE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $0 $none ATTACHMENTS: November 8, 2002, staff report with attachments to City Council/Land Use Transportation Committee, including draft Final Plat Resolution. SUMMARYIBACKGROUND: The applicant has submitted a request for final plat approval for the 18 lot Star Lake Vista residential subdivision. The preliminary plat was originally approved by the Federal Way City Council on February 6, 2001. The City Council Land Use/Transportation Committee (LUTe) reviewed the final plat application at their December 3, 2002, meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend approval of the final plat application to the full City Council. PROPOSED MOTION:" I move approval of the Resolution approving the final Plat of Star Lake Vista." ~~~~~~~~;-~;;~~~~~:--1J7~1~?h~~~-------- ....... -------, (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/1 Ot2001 Doc to #20801 ~ CITY OF ~ Federal Way MEMORANDUM DATE: November 8, 2002 To: Eric Faison, Chair Land Use and Transportation Committee SUBJECT: Deb Barker, Associate Planner DaVid~ager Star Lake Vista Final Plat Application Federal Way File #O2-102235-00-SU þ(Þ FROM: VIA: I. STAFF RECOMMENDATION Staff recommends that the Land Useffransportation Committee forward to the City Council a recommendation approving the Star Lake Vista Final Plat Resolution. II. SUMMARY OF ApPLlCA TION/EXHIBITS This application requests final plat approval for Star Lake Vista, a subdivision of 18 single-family lots on 4.63 acres. The Federal Way City Council granted preliminary plat approval for the 18 lot residential subdivision on February 6, 2001. The Star Lake Vista subdivision is located at South Star Lake Road and South 275" Place. Zoning for the site at the time of application was Residential Single-Family (RS 7.2). Pursuant to Federal Way City Code (FWCC) Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-136(b), are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the application is consistent with these criteria. The following exhibits are included with this memorandum: Exhibit A, Vicinity Map; Exhibit B, Final Plat Map; Exhibit C, Resolution; and Exhibit D, Staff Report (with attachments). III, REASON FOR COUNCIL ACTION The final decision for final plats rest with the City Council in accordance with FWCC Section 20-136(b). Bringing this matter before the City Council Land Useffransportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are cutTently processed by the City. IV, PROPOSED MOTION [ move that the Land Useffransportation Commiltee forward to the City Council, and place on the December 3,2002, City Council agenda, a recommendation approving the Star Lake Vista Final Plat Resolution. Doc. to. 20m DRAFT /(/L'VO ~ RESOLUTION NO.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF STAR LAKE VISTA, FEDERAL WAY FILE NO. 02-102235-00-SU. WHEREAS, the preliminary plat for Star Lake Vista, City of Federal Way File No. 99-2100613-00- SU, was approved subject to conditions on February 6, 2001, by Federal Way Resolution No. 01-335; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 01-335 and in the December 19,2000, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant submitted the application for final plat for Star Lake Vista within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the November 8, 2002, Staff Report; and WHEREAS, the City Council Land Useffransportation Committee considered the application for the Star Lake Vista final plat at its November 18,2002, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Star Lake Vista during the Council's December 3,2002, meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Star Lake Vista, City of Federal Way File No. 02-102235-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. Res#- Page 1 File #02-102235-00-SU I Do<.lD. ,,79> 2. Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 01-335, and the conditions in the December 19,2000, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the November 8, 2002, Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I above, the final plat of Star Lake Vista, City of Federal Way File No 02-102235-00-SU, is approved subject to satisfaction of compliance with plat conditions identified in the staff report and as required by applicable codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Res#- Page2 File #02-1O2235-00-SU I Dn<. 1.0. 20795 Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution, Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed, Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS- DAY OF ,2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE AITEST: CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED AS TO FORM: CITY AITORNEY, PATRICIA A. RiCHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Res#- Page3 FiIe#O2-102235-00-SU¡Do<.I.D.207'>5 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES ST AFF REPORT Request for Final Plat Approval I. STAR LAKE VISTA FINAL PLAT Federal Way File No. 02-102235-00-SU RECOMMENDATION City of Federal Way staff has reviewed the final plat of Star Lake Vista for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. INTRODUCTION Date: Request: Description: Owner: Engineer: Location: Sewage Disposal: Water Supply: Fire Dept: School Dist: November 8, 2002 Request for final plat approval for Star Lake Vista Subdivision. Star Lake Vista Subdivision is a proposed subdivision of 18 single-family lots on 4.63 acres. Access for Star Lake Vista Subdivision is via South Star Lake Road onto South 275'" Place. All required roads, sidewalks, storm drainage facilities, sewer lines, and water lines have been constructed in accordance with preliminary plat approval granted by the City Council on February 2, 2001. Schneider Homes, 206-248-2471 Dennis Alfredson, PE 6510 South center Blvd Tukwila, WA 98188 Sean Reinicke, 253-333-2200 DMP, Inc. 726 Auburn Way North Auburn, W A 98002 South 275'" Place at South Star Lake Road; in Section 33, Township 22 North. Range 4 East, W.M, Federal Way, King County (see Exhibit A - Vicinity Map) Lakehaven Utility District Highline Utility District Federal Way Fire Department Federal Way School District Prepared By: Deb Barker. Associate Planner III. HISTORY AND BACKGROUND The Star Lake Vista Subdivision is a proposed subdivision of 18 single-family lots on 4.63 acres (Exhibit B - Final Plat Map). The Star Lake Vista Subdivision Preliminary Plat (Exhibit C- Preliminary Plat Map) was granted approval by the Federal Way City Council on February 6,2001, per Resolution 01-335 (Exhibit D - Preliminary Plat Resolution). Zoning for the 4.63 acre site is RS 7.2, with a minimum lot size of7,200 square feet. Lot sizes on the final plat range from 7,201 square feet to 9,490 square feet, with the average size being approximately 7,371 square feet. The developer applied for final plat approval on May 29, 2002. Improvements installed under Engineering Application Number 01-101452-00-EN are now substantially complete. The final plat application was determined complete on November 8, 2002. Pursuant to RCW 58.17.110 and Section 20-136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) if all taxes and assessments owing on the property have been paid; and, 4) if all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the final plat of Star Lake Vista Subdivision for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met. A proposed resolution of the City of Federal Way, Washington. to approve the final plat Star Lake Vista Subdivision is enclosed (Exhibit E - Draft Resolution for Final Plat Approval). IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval in the same order referenced in Federal Way City Council Resolution 01-335. Required improvements have been completed as allowed by FWCC Section 20-135. The applicant has provided a written response to the Examiner's conditions (Exhibit F - Response to Examiner's Conditions). I. Chain link or cyclone fencing, if used, shall be black or green vinyl coated and shall be surrounded by vegetation in order to screen the detention facility from the plat, the right-of- way, and surrounding properties. Staff Response: This condition has been met. The installed fencing material is green. Evergreen trees and shrubs have been planted outside of the fence to provide the required landscape screening. 2. The final plat map shall depict the slopes in excess of 40 percent and a 25-foot setback from the slopes. The final plat map shall contain a note that the owners of lots 15, 16, and 17 shall provide geotechnical analysis of these areas in conformance with FWCC Section 22-1286 should development or land surface modification activities occur on or within 25 feet of the steep slope area. Final Plat of Star Lake Vista Staff Report FileNo: 02-102235-00-SU I üo< [020798 Page 2 Staff Response: This condition has been met as discussed below. According to the engineering plans submitted for plat construction, lots 14 through 17 contained slopes in excess of 40 percent. According to the engineering plans, those lots were to remain undisturbed until subsequent home construction was permitted. Interim clearing and grading of some of these lots was requested by the applicant and conditionally approved by the Director of Community Development Services, in order to facilitate pedestrian pathway construction. However, the applicant subsequently filled these lots in excess of approved quantities and in advance of final plat approval. Following the filling activity, the City required the applicant to address the above referenced condition of preliminary plat approval. The applicant submitted a geotechnical report that provided a discussion of potential impacts for fill placed in the steep slope areas, to satisfy the requirements of FWCC Section 22-1286. The October 20, 2002 report, prepared by Golder Associates, contained specific recommendations associated with fill placed in lots 13, 14, 15. 16, and 17. According to the report, Golder Associates observed placement and compaction of the fill over a period of days, and conducted tests to document acceptable compaction levels. Copies of the geotechnical report and supplemental geotechnical information as may be required by the Building Official will be required with single family building permit for lots 13 through 17 in order to document existing conditions and verify that the filled lots meet acceptable building standards. Based on an analysis of the submitted geotechnical report and verification of the filling activity by the geotechnical engineer of record, staff has determined that this condition has been met subject to adding the following note to the final plat document prior to recording: Note 16: Prior to the issuance of a building permit for any construction activity on lots 13 through 17, the applicant shall submit jar review geotechnical analysis alld documentation of acceptable filling efforts in conformance with Federal Way City Code Section 22- I 286, and any supplemental geotechnical reports as required by the City of Federal Way Building Official. 3. Retaining walls and rockery design shall be harmonious with existing adjoining residential uses, and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment. Staff Response: This condition has been met. The only rockeries and retaining walls installed on the subject site are located within Tract A, storm drainage facility. The keystone walls provide textured relief to the pond and include terracing down the steep slopes of the storm drainage facility. 4. To provide a safe route of travel for school children, the applicant shall install a pedestrian corridor from the subject site, north along the eastern side of South Star Lake Road to the northern side of the elementary school driveway on South Star Lake Road. subject to review and approval by the Public Works Director. Staff Response: This condition has been met. Tract B contains a paved pedestrian pathway bordered by approved landscaping. The path connects from the Star Lake Vista cul-de-sac to the adjacent elementary school. The tract will be dedicated to the City of Federal Way upon recording of the final plat. Final Plat of Star Lake Visla Staff Report File No: 02-102235-00-SlJ I Doc I D 20798 Page 3 V. SEPA A Mitigated Determination of Non significance (MONS) was issued on May 20, 2000, with the following condition: I. To mitigate Ihe subdivision's impacts in Ihe flooding problems along Slar/ake Road and conveyance and capacity problems within McSorley Creek watershed, Star Lake Vista stormwater detention facility shall be designed to the Level 3 Flow Control standard of the 1998 King County Surface Water Design Manual (KCSWDM). There were no appeals of the SEPA decision and the determination was finalized with no changes to the decision. Staff Response: This condition has been met. In order to address the size requirements dictated by Level 3 Flow Control, the size of the storm drainage facility was adjusted, resulting in a reduction in the number of building lots from 19 to 18. The engineering plans were reviewed for compliance with the Level III Flow Control standard and determined to meet the specific requirements. VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the final plat is substantially representative of the preliminary plat and the conditions of preliminary plat have been met or financially guaranteed. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The plat meets the zoning standards for the RS 7.2 zoning district and provides single-family dwelling unit lots that range from 7,201 square feet to 9,490 square feet in size. As provided for in FWCC Section 20-135(b), performance and maintenance bonds are in place for the entire plat including frontage improvements, streets, and all infrastructure. The applicant has opted to make an open space fee in lieu of payment pursuant to FWCC Section 20-155. Based on the assessed land value of$310,000.00, and as provided by the Federal Way Parks Director, the applicant will make a payment of$46,500.00, based on 15 percent of the assessed land value, to the City before the final plat will be recorded (Exhibit G - August 5, 2002, King County Property Tax Information Statement). The plat is within planning Area E of the 1995 Federal Way Parks, Open Space, and Recreation Comprehensive Plan. In addition to Tract B (the pedestrian pathway connecting Star Lake Vista to the Mark Twain Elementary School), the applicant has created Tract C, a ten foot wide landscape area between Interstate 5 and the rear of lots 9, 10, 11, and 12, as provided under FWCC Section 20-1 78(a). Tract C, which shall be owned in common by the adjacent property owners, retains existing tree and shrub vegetation and includes additional fir trees and shrubs to meet the intent of a Type III buffer. Final Plat of Star Lake Vista Staff Report File No: 02-1O2235-00-SU / Doc. 1.0. 20798 Page 4 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and adequately bonded as discussed above, including safe walking routes of travel, open space provided via fee in lieu of obligation, drainage systems and water and sewer installed, and streets improved. Tract B provides a pedestrian connection to the adjacent elementary school. The tract will be dedicated to the City of Federal Way as provided in FWCC Section 20-1 56(b). In addition, the applicant installed a paved walking area on the north side of South Star Lake Road to provide safe walking route of travel to bus stops for junior and senior high school students. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road, pedestrian pathway, and storm drainage improvements have been constructed. In addition, all water and sewer lines have been installed and approved by Lakehaven Utility District and Highline Utility District. Adequate bonding is in place with the City, Lakehaven Utility District, and Highline Utility District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII. CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Star Lake Vista Subdivision meets all platting requirements ofRCW 58.17.110 and Section 20-136 of the Federal Way City Code. Landscaping and right-of-way improvement financial guarantees have been provided to assure completion of plat conditions. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. Final Plat of Star Lake Vista SlaffReport File No; 02-102235-00-SU / Ooc 10. 207" Page 5 EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G ### Vicinity Map Star Lake Vista Subdivision 8>', x II Reduced Copy of Final Plat Map of Star Lake Vista Subdivision 8Y, x II Reduced Copy of Approved Preliminary Plat of Star Lake Vista Subdivision Resolution 01-335, February 6, 2001, City of Federal Way Preliminary Plat Approval of Star Lake Vista Subdivision. Draft Resolution of Final Plat Approval Applicant Response to Hearing Examiner Conditions King County Property Tax Information Final Plat of Star Lake Visla Staff Report File No: 02-102235-00-SU / Doc to 20798 Page 6 Vicinity Map Final Plat of Star Lake Vista -"'-"'."._- EXHIBIT A PAGEi-OF J- ""-lea 8T AR LAKE VI8T A A PORTION OF NW 1/4, NE 1/4, SEC. 33, TWP. 22 N., RGE. 4 E., W.M. 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""""""~OO",n", "'~O'I,"'" """"" I - - -->,~ - !;~:¿~f¡¡,\\f::!~t:::¡34 SEe. 33, 1WP}~ ~;',,~GE. 4 E, WM SHEET 2 OF 3 ,""",",", "'" ",'-..' ,,"-óC"""'" SHEET I OF 3 FOR ADomONAL NOTES , DALEY-MORAoW-POBLETE, INC ! ,"":~~{:1¥;;;i~{::;¡g",,,,-- ~ ~ , 11 ii, -¡s 'fr'ï:) ENONEEA>NO - SURVEYING ," j "7:~;;.'"~:J~ CAND PCANNINO EXHIBIT ~ PAGEiOF ~ STAR LAKE VISTA A PORTION OF NW 1/4, NE 1/4, SEC. 33, 1WP. 22 N., AGE. 4 E., W.M. City of Federal Way, King County, Washington ".". LEGEND . e ~""'""""""'""'~""~"'~"",~",,""',"~"~ . if.\";~:;'.";;:""i,71;;;"o:.:~~~,:;"'"'"'ro'""'.,~"~'" ",.. ,.,," """' "'" "I" t""'" ""~~" ~) ¡:,~',<¡;J'~~ ~U , ~ " .. GRAPHIC SCALE ~ o,,~ ~~ ","u, T ~~ \ ~ o;~\ A æ"'..". "iM" /' i~,,:r;' .:: ~;; / ,/ / 1 ,.,'~/TR~~~J'\ (:15 \ ': " :\".,.~,{!<f"~) DETAIL ... ";"~"i- ,,# ;"."<1" /t~~.<Ò SHEET 3 OF 3 SEE SHEETS \/I!'ID 2 OF 3 FOR ADOITIONAL NOTES . . DALE'(;~~~V:~~~ INC ""~",";;..;;~~'~g;O,"."¡m'",, ¡; (~J~r: (; ::'\p ENGONEER'NO - SURVÐONO 0 , .... ", L.I '" LAND PLAN"NO ~:;."'Lf " ~. " EXHIBJT .13 PAn: ~ o~ ~II,I¡! 1I¡¡¡i, i,¡~ ~ Ii; I_"", -, ~ ""! I'll I, °8 '1 I¡:, . ¡'i' ,ø :5~,- ".', ~¡'¡ ¡ :. '" '1'1 l' , , ~ :11 ¡i¡lil ¡II; (i) " inil !. ¡, . s~ 2781h ST. I:! 1!lli ¡ @ 001 I~I ~II ~ @ ; ¡¡¡¡II!!!! (i) (i) (i) ,@. (i)!:~.¡_. .~... ... I i ¡, !II" I n 's, STAR LAKE RD. !~¡,!,¡¡, - 8" "'A~ ""'"~"~)- ¡I¡¡!!¡¡!¡r--~--'- j Iii; ¡mr¡n ...~!!I 0.' I ~~. @ ° ~e. ' ¡q "s I \!I , '!i'i I¡::I I (i) - ~ '¡i '¡!f; '. :- 51 ¡ i ~ @II-!W 1" I '¡; : : " i!¡i.I¡!¡--- I~- I:' ¡ ill \(iJ! . : ~ 'I;¡ ::1 !¡;¡¡ i. w, ~ S@ iil :~------ .' ~ I;¡ '3^V'UL< (¡J (¡J lÍi -"'1 ."" ~ (i) (¡J Ii) (i) IíI (i) (i) (i) Í!) (¡J ¡¡¡¡¡¡¡¡ìl!lì!I¡Hnm¡¡ li¡lli:¡ ~¡i¡ ~~¡ ~~p :~f¡ ! ¡- ¡'! !' !' !" " "." "', ~ . ,. .,', "1' ¡¡I¡ i!!í l![í l!!¡ ¡¡¡¡!"ll!I¡I!¡¡lof¡I!,¡ li:¡'¡¡¡I¡I':'11 tiil,!I!I¡'II:¡J¡::¡I::f1 'I!! I- ¡' ,!¡ "t" ¡- n!"!" I I¡ I "'"1""[' WI ìn¡ ŒI I~¡I m¡ ¡¡¡I I!!! !:!! J!¡O¡! J:11 ,.11 I"¡:, I,¡ ,¡ ! II¡J III¡ :", ,d" '," ~ y ~ ~op P d ~ f ! It ! I . '"' "I¡ ìi;¡ ì!r¡¡!!¡¡~¡ ì!!¡ m¡ !1!!!¡!!!m¡~!!1 J:!I li;¡1 ,~' :rfl :i¡ol :¡¡: mr '!¡¡ " [' ',!!' ¡~ ¡!¡ I ¡-. i-¡!'¡ ¡' ¡' q' I ! I I ¡ f, "I' "F Pi [if! m¡!!Iì!!¡¡!¡¡' J¡:!J:¡! I::, "'I tol 'ioJ :¡¡r ~i¡¡ ',!' '! '!¡ " 'r ',I ' ¡' I, I ! !" 'I,! . !, ¡ ¡liP! L.+ p¡lr ¡!~~, ;11. il., ~ ~ ~ -.:, !'¡ ~"..""'.. ""t,"_~~:' :E:::;;,~,~':::::~ ""'-.., SCHNEIDER HOMES tPRE ""00,0) 'TAR LAKE VISTA P,ru""""" PLAT ~ ~ ~ ~ ~ ~ ~ j:: % ~ l' ~ I' ~ ~ Ii !' ì i RESOLUTION NO. 01-335 A RESOLUTION OF THE CITY COUNCILOFTHE CITYOF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF STAR LAKE VISTA, FEDERAL WAY FILE NO 99-100613-00-SU. WHEREAS, the applicant ESM Consulting Engineers, serving on behalf of owner Schneider Homes, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Star Lake Vista and consisting of 4.63 acres into eighteen (18) single family residential lots located north of South Star Lake Road and 25th Place as extended; and WHEREAS, on May 20, 2000, a Mitigated Environmental Determination of Nonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.2IC, and no one appealed the MONS; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on December 5, 2000, concerning the preliminary plat of Star Lake Vista; and WHEREAS, following the conclusion of said hearing, on December 19,2000, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings, conclusions, and recommending approval of the preliminary plat of Star Lake Vista subject to conditions set forth therein; and WHEREAS, on January 22, 2001, the City Council Land Use and Transportation Committee considered the record and the Hearing Examinerrecommendationand voted to forward a recommendation for approval of the proposed Star Lake Vista preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and Resolution# Ol-"~ , Page 1 EXHIBIT D fr> 1] raw PAGE---1-~ \~ IY u U WHEREAS, the Federal Way City Council has jurisdiction and authoritypursuantto Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on February 6, 2001, the City Council considered the writtenrecord and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions. I. The findings of fact and conclusions of the Land Use Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and school grounds, and all other relevant facts as are required by City Code and State law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from schooL Rcsolution#-D~, Page 2 EXHIBIT 1) PAGE~OFK 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Star Lake Vista, Federal Way File No. 99- I 00613-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated December 19,2000 (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Rcsolution# 01-335 , Page 3 EXHIBIT P PAGE~OF 1L Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ~DA Y OF Fehruarv ,2001. CITY OF FEDERAL WAY ~. laL1 ~. CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED AS TO FORM: 'ßÆQ~ CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: 01/30/01 PASSED BY THE CITY COUNCIL: 02/06/01 RESOLUTION No. 01-J1~ _m,""O #lJ2tJ Resolution# 01-335 , Page 4 EXHIBIT ~ PAGE~~ CITY OF FEDERAL WAY Page - I OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: PROCESS IV ) ) PRELIMINARY PLAT OF STAR LAKE) VISTA ) ) ) ) ) ) FWHE#00-29 SUB99-0001 (99-1 00613-00-SU) I. SUMMARY OF APPLICATION The applicant proposes to subdivide a vacant 4.63 acre lot into 18 residential single- family lots, each having a minimum of 7,200 square feet. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: December 5, 2000 December 18, 2000 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. 5. Deb Barker, City of Federal Way Stuart Scheurman, Applicant Ken Peckham Sarady Long Dennis Alfredson At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. Staff Report with all attachments Copy of Deb Barker presentation EXHI?/T 1>- PAGE ~ rc".'HD"P 'IA (( .ü,~1!.~. . Page - 2 1. 2. III. FINDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a generally rectangular, 4.63 acre parcel of unimproved property within the City of Federal Way. The parcel extends between the west right of way line of Interstate 5 and the east right-of-way line of South Star lake Road, a minor arterial. The applicant requests preliminary plat approval to allow subdivision of the site into 18 single family residential lots, a. storm detention tract, a pedestrian access tract between the internal plat road and Mark Twain Elementary School, and a ten foot wide landscape tract or area adjacent to 1-5. The plat proposes a minimum lot size of 7,200 square feet and an average lot size of 7,575 square feet. 5. The preliminary plat map shows a single access road extending east from South Star lake Road and terminating in a cul-de-sac. The 25,253 square foot, storm water detention tract is located in the northwest corner of the plat, and the pedestrian access extends to the elementary school between lots 14 and 15 in the western portion of the plat. The applicant also proposes an asphalt pedestrian path adjacent to South Star lake Road extending from the north side of the plat road to the entrance to the elementary school and a crosswalk accessing a school bus stop. All lots access from the internal plat road. 6. The site and abutting properties to the north, south, and west are all located within the Single Family Residential-High Density designation of the City of Federal Way Comprehensive Plan and the Single Family Residential (RS-7.2) zone classification of the Federal Way City Code (FWCC). All lot sizes meet or exceed the minimum authorized in the RS-7.2 zone classification of 7,200 square feet. The Mark Twain Estates Single Family Subdivision abuts the south property line and Scarbrough Division I, another single family subdivision, abuts the west side of South Star lake Road opposite the site. Mark Twain Elementary School abuts the north property line, and Interstate-5 abuts the east property line. The proposed preliminary plat fits EXHI~IT - 'b PAGE~OFK Page - 3 7. 8. 9. 10. well with the community. The 1973 King County Soils Survey Map shows AldelWood gravelly sandy loam and Alderwood Kitsap soils at depths of 24 to 40 inches. Below said depth, the soils change to relatively impermeable glacial till. Soils on the site will support urban development. According to the SEPA checklist, 38% of the site has slopes less than 10%, and 53% of the site has slopes between 10% and 25%. A 1,121 square foot area located along the north (rear) property lines of proposed lots 15, 16, and 17 has slopes greater than 40%. Slopes in excess of 40% are regulated by Section 22- 1286 FWCC and a geotechnical analysis will be required if development or land surface modification activities occur within 25 feet of said steep slope areas. The site contains wooded vegetation, primarily consisting of mature firs, alders, and maple trees with a native understOTY of shrubs. Of the eighty on site trees meeting the definition of'significant", 26% are proposed for removal. The applicant must comply with requirements of the Significant Tree Ordinance. No plant or animal species of concern have been observed at the site. The comprehensive plan classifies South Star Lake Road as a principle collector street which requires a 60-foot wide right of way. The internal plat road, South 2751h Place, will be a cul-de-sac road and will have a right-of-way width of 52 feet. Improvements to the internal plat road include 28 feet of pavement, vertical curb, gutters, street trees, sidewalks, landscape strips, and a landscape island in the center of the cul-de-sac. The applicant will also dedicate nine feet of right of way for South Star lake Road. 11. The applicant will construct five foot wide sidewalks on both sides of South 275th Place and half street improvements on South Star lake Road which will include an eight foot wide sidewalk on the east side of the street across the plat frontage. The applicant will also provide an eight foot wide, paved, walking path from the north side of the internal plat road along the east side of South Star lake Road to the elementary school driveway and the crosswalk that connects to the junior high and high school bus stop on 25th Drive South. 12. Other than the street improvements to South Star lake Road, no other road improvements are necessary as all other roads within the area are adequate to handle the traffic generated by the subdivision. The City environmental official has determined that the project will not impact any traffic improvement projects identified EXHIBIT 1)- PAGE~OFI Page - 4 13. 14. 15. 16. in the City Transportation Improvement Plan. Elementary school children will walk to Mark Twain Elementary which abuts the north property line, but junior and senior high students will walk to a bus stop at the intersection of South Star lake Road and 25'" Drive South. The walking route from the subdivision to the bus stop is presently via a substandard roadway including a gravel shoulder and ditches. As previously found, the applicant will install an improved pedestrian corridor from the subdivision to the school bus stop. The applicant must also comply with the City School Impact Fee Ordinance and make a payment of 2,203,00 per single family housing unit to offset the impacts to the Federal Way School District of school age children residing in the plat. Section 20-155(8) FWCC requires the plat to set aside 15% of the gross land area of the subdivision site for open space. However, in accordance with said section, the applicant has elected to pay a fee-in-lieu of providing said open space, The Highline Water District will provide both domestic water and fire flow to the site, and the lakehaven Utility District will provide sanitary sewer service to each lot. The storm drainage system shows storm water collected from buildings and streets and conveyed through a pipe system to the on site storm water detention facility and a water biofiltration swale within Tract "A" at the northwest corner. The storm water will discharge to culverts on South Star lake Road which will direct the water eventually to the headwaters of McSorley Creek located within the City of Kent. The City has identified downstream conveyance problems along South Star lake Road, and the City of Kent has identified capacity and conveyance problems in the McSorley Creek watershed. The Cities of Federal Way and Kent have entered into an interlocal agreement designating the Star lake Road drainage sub-basin as a level III flow control area per the 1998 King County Surface Water Design Manual. The Manual requires the applicant to design the storm water detention facility to the level III flow control standard. The storm water design and plat drainage elements must meet applicable City storm water regulations. 17. At the hearing the applicant questioned the necessity of providing a 20 foot wide pedestrian access from the plat road to the elementary school, asserting that a 10 to 12 foot wide path should be adequate. Section 20-156 FWCC addresses pedestrian and bicycle access. Said section states in pertinent part as follows: (a) In addition to the sidewalks required in section 22-1471 regarding requirements to rights-of-way and vehicular EXHIBLT ~ PAGE~OF -L!- Page - 5 18. 19. easements, pedestrian and bicycle access should be provided for established or planned safe school routes, bikeways, trails, transit stops, and general circulation. (b) Pedestrian and bicycle access shall be provided in 20 feet of dedicated right of way. Paved width shall be 12 feet.... Thus, the FWCC specifically requires pedestrian and bicycle pathways within a 20 foot wide, dedicated right-of-way. The Examiner questioned the necessity of both a pedestrian corridor to the elementary school and a walkway along South Star lake Road to the elementary school driveway (two paved walkways to the school). However, review of the staff evaluation for the environmental checklist establishes that the 20 foot wide pedestrian corridor provides access for students to the elementary school without having to walk along a busy arterial. The pedestrian corridor along South Star lake Road provides a safe walking condition for senior and junior high students to the bus stop at the intersection of South Star lake Road and 25th Drive South. The applicant requested authority to perform mass grading on the site. However, the applicant's grading plan, reviewed and approved by the City, shows grading for roads and utilities only. Staff stated that mass grading could be considered under unusual circumstances, but that none exists on the present site. Both sides refer to Section 20-179 FWCC as setting forth grading requirements, and said section states: All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision. Along with its application for preliminary plat approval, the applicant submitted its grading plan showing grading for roads and utilities only. If the applicant now desires to mass grade the site to include the road, utilities, and building pads, it should request that the record remain open for submittal of a revised grading plan and review by the City. Furthermore, the environmental official in performing SErA review evaluated the applicant's environmental checklist which, in response to the question regarding the purpose, type, and approximate quantities of filling and grading, stated: Road and minor lot grading is anticipated on the site.... EXHlEUT - D - PAGE~~ Page - 6 Road and minor lot grading does not constitute mass grading as described by the applicant. Therefore, unless the applicant submits a new grading plan as part of the preliminary plat review process, the Examiner cannot alter the approved grading plans. 20. The applicant requested that the landscape tract not be placed in a separate tract, and questioned how the homeowner's association would access said tract to maintain the landscaping. Staff responded by stating that Section 20-178 FWCC requires the landscaping in a separate tract. Section 20-178 states: (a) Subdivision design should provide ample buffers to shield new residences from arterial streets, or established land uses adjacent to the subdivision, under the provisions of sections 22-1572 through 22-1575 regarding landscaping as follows.... Neither Section 20-178 nor Article XVII FWCC entitled "Landscaping" contains a requirement that landscaping buffers be dedicated to the homeowner's association. The Examiner could find no code sections requiring landscape dedications, easements, etc. However, Section 22-1563 FWCC states in part: (a) No permits shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development. The question then is whether the Department has authority to require that landscaping be located in tracts owned by the homeowner's association. 21. The Washington Supreme Court in Hama Hama v. Shorelines HearinQs Board, 85 Wn. 2d 441 (1975), set forth rules for interpreting ambiguous statues. The Court held as follows: Finally, when a statute is ambiguous-as in the instant case-there is the well known rule of statutory interpretation that the construction placed upon a statute by an administrative agency charged with its administration and enforcement, while not absolutely controlling upon the courts, should be given great weight in determining legislative intent...At times, administrative interpretation of a statute may approach "lawmaking," but we have heretofore recognized that it is an appropriate function for administrative agencies to "fill in the gaps" EXHI?C D - 0 Pl\GE -~ Page - 7 where necessary to the effectuation of a general statutory scheme.. .It is likewise valid for an administrative agency to "fill in the gaps" by a statutory construction - as long as the agency does not purport to "amend" the statue. 85 Wn. 2d 441 at 448. In the present case, the Department of Community Development Services has "filled in a gap" in the FWCC as the landscaping requirements do not address ownership of landscaping tracts. The Washington Supreme Court would consider the Department's interpretation the same as it did the Department of Ecology's interpretation of the Shoreline Management Act in Hama, supra.: In particular, we think it cannot be said convincingly that these agencies have arrogantly overstepped their proper functions by purporting to "amend" the SMA. On the contrary, these agencies have simply interpreted the conflicting provisions of the SMA in harmony with the policy objectives to be effectuated by this legislation. 85 Wn. 2d 441 at 448,449. Thus, the landscape tract will be held in the ownership required by staff as part of the landscape plan. However, the Examiner would refer the applicant and staff to Section 22-1570 FWCC entitled Modification Options. 22. Prior to obtaining preliminary plat approval, the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c)FWCC. Findings on each criteria are hereby made as follows: A. As previously found, the project is consistent with the Single Family-High Density designation of the comprehensive plan. B. The proposed plat complies with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan to include Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning. C. The project is consistent with the public health, safety, and welfare and makes appropriate provision for open spaces, drainage ways, streets, roads, alleys, other public ways, fire protection, sanitary waste, potable water, schools and school grounds, safe walking conditions, and parks and playgrounds, EXHIQ!:r ~ PAGejLCF J:L Page - 8 D. E. The project is consistent with the design criteria set forth in Section 20-2 FWCC, subject to compliance with conditions of approval. The project also complies with development standards set forth in Sections 20-151-157 and 20-158-187 FWCC. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed preliminary plat of Star lake Vista is consistent with the City of Federal Way Comprehensive Plan and meets all bulk regulations of the RS 7.2 zone classification. 2. The proposed preliminary plat satisfies all criteria set forth in Section 20-126 (c) FWCC and will serve the public use and interest by providing an attractive location for a single family residential subdivision adjacent to an elementary school. Therefore, the Federal Way City Council should approve the preliminary plat of Star lake Vista subject to the following conditions: 3. 1. Chain link or cyclone fencing, if used, shall be black or green vinyl coated and shall be surrounded by vegetation in order to screen the detention facility from the plat, the right of way and surrounding properties. 2. The final plat map shall depict the slopes in excess of 40 percent and a 25- foot setback from the slopes. The final plat map shall contain a note that the owners of lots 15, 16, and 17 shall provide geotechnical analysis of these areas in conformance with FWCC Section 22-1286 should development or land surface modification activities occur on or within 25 feet of the steep slope area. 3. Retaining walls and rockery design shall be harmonious with existing adjoining residential uses, and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment. 4. To provide a safe route of travel for school children, the applicant shall install EXHIBIT Þ PAGE I a. ~ Page - 9 a pedestrian corridor from the subject site, north along the eastern side of South Star lake Road to the northern side of the Elementary School driveway on South Star lake Road, subject to review and approval by the Public Works Director. RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Star lake Vista be approved subject to the conditions contained in the conclusions above. DATED THIS ( tlj 1!oA Y OF DECEMBER, 2 O. Vì-tv'-- TRANSMITTED THIS --{:j.-DAY OF DECEMBER, 2000, to the following: APPLICANT: Stuart Scheuerman ESM Consulting Engineers 720 South 348th Street Federal Way, WA 98003 ESM Consulting Engineers 720 South 348th Street Federal Way, WA 98003 Schneider Homes 6510 Southcenter Boulevard Tukwila, WA 98188 City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 EXHIBIT. D PAGE -.l?L~ RIGHTS TO RECONSIDERATION AND CHALLENGE THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY, RECONSIDERATION Any person who has a right to challenge a recommendation of the Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she 'wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the E}{~;~tT- b.."" PAGi:~OOC request to those persons who have a right to challenge under Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department, Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. Within ten (10) working days after expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CHALLENGE The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered ""'V" ~~~1"= "'" &::;\~. ~J~J.f-. '-: p.~Gt~OFI to the Department of Community Development within fourteen (14) calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The person challenging the recommendation shall within said fourteen (14) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to file a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (5) working days following the filing of the written challenge with the department. Any person filing a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or ~"'~~n.:;}'7 D ¡!;;;'A~ ¡¡~f)J d -::::--rcr-. . PAGeJ!LCF -u- ""'" personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Federal Way City Council. """'\{~:t~~?>j""" P I;~ ,. "."'1',"';" ¡j L'=«b . .òQ' ~ PAGE I:J"~ (253) 661-4000 FEDERAL WAY. WA 98003-621 0 CLARIFICATION OF DECISION FROM: cf~~f~erks Ollice ALL PARTIES OF RECORD ederal Way V STEPHEN K. CAUSSEAUX, JR., HEARING EXAMINER ~ P JANUARY 4, 2001 TO: DATE: RE: CLARIFICATOIN OF DECISION REGARDING PRELIMINARY PLAT OF STAR LAKE VISTA, FWHE #00-29, (99-100613-00-SU) On December 18, 2000, the Examiner issued a decision recommending approval of the preliminary plat of Star lake Vista. There were two inadvertent errors in the decision as noted below: 1. Preliminary plat's are not reviewed under Process IV, but are reviewed under the provisions of Federal Way City Code (FWCC) Chapter 20, Division 6, Preliminary Plat. 2. There is no right to reconsideration and challenge of the Hearing Examiner recommendation under the preliminary plat process. Pursuant to FWCC Section 20-127 (attached hereto), following receipt of the final report and recommendation of the Hearing Examiner, a date shall be set for a public meeting before the City Council. This memo serves to clarify these processes and recommendation. SKC/jc ~r ~J~~ g:'" ~!\.,~. :ð, 7'~ ~, J'\, ~iJ g b ; ~ , ..., fji\f'li!'! 11"','- a- J,¡\;!~ lj¡ - CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20- 126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (d) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the plat; and The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. (c) S:"".\W.. .~j~~.... '""'.'.:."'. 1.. "7"&. .. . ,,=ji\~~,,&i¡¡ PAGE OF RESOLUTION NO.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF STAR LAKE VISTA, FEDERAL WAY FILE NO. 02-102235-00-SU. WHEREAS, the preliminary plat for Star Lake Vista, City of Federal Way File No. 99-2100613-00- SU, was approved subject to conditions on February 6,2001, by Federal Way Resolution No. 01-335; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 01-335 and in the December 19,2000, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant submitted the application for final plat for Star Lake Vista within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the November 8, 2002, Staff Report; and WHEREAS, the City Council Land Use/Transportation Committee considered the application for the Star Lake Vista final plat at its November 18, 2002, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Star Lake Vista during the Council's December 3, 2002, meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Star Lake Vista, City of Federal Way File No. 02-102235-00-SU, is in substantial confonnance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. EXHIBIT~PMO Ifl2235-00-SU/Do,.t.D.2079S PAGE.-L-OF ~ Res#- Pagel 2. Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 01-335, and the conditions in the December 19,2000, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond. cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the November 8, 2002, Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I above, the final plat of Star Lake Vista, City of Federal Way File No 02-102235-00-SU, is approved subject to satisfaction of compliance with plat conditions identified in the staff report and as required by applicable codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the Res#~ Pagel King County Department of Records. The applicant shall pay all recording fees. EXHIBfTolfOZ£SU/Doc.W."'" PAGE~OF _3 Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS- DAY OF ,2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: EXHIBIT"E. PAGE3-õFI Res#- Page] File #02-IO2235-00,SU I 00<.10 2O79S MBE - DBE \)\)\) (FORMERLY DALEY ENGINEERING CO.) DALEY - MORROW - POBLETE, INC. ENGINEERING, PLANNING, SURVEYING NOV 0 4 2002 726 AUBURN WAY N. AUBURN, WASHINGTON 98002 TELEPHONE (253)333-2200 FAX (253)333-2206 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMEN1 November 1, 2002 Deb Barker Associate Planner City of Federal Way Re: Star Lake Vista, File No. 02-102235-00SU, Response to Examiners conditions Dear Mrs. Barker: Please accept this letter as written response to status of examiners conditions as outlined in your letter dated October 31,2002. Condition No.1; The fence around the pond is currently being relocated and landscaping is being installed. A follow-up notification will be sent when completed. Condition No.2; Based upon a field survey by DMP, Inc. on November 1, 2002 the steep slopes no longer exist on site, as they have been addressed by Golder Associates, Inc" recommendations dated October 30, 2002. Condition No.3; The retaining wallstrockeries installed in conjunction with this project are both aesthetically appealing and functionaL Condition No.4; Pedestrian access to the elementary school adjacent to the site has been provided by Tract "B' as depicted on the face of the final plat Said tract "b" shall be dedicated to the City of Federal Way by deed to be recorded in conjunction wuth the recording of the final plat Please do not hesitate to call if have any questions or comments. Sincerely, ~~ ---- Sean M, Reinicke EXHIBIT F PAGE-LOF , ,King County Dept. of Finance, Treasury Operations - Property Tax Infol111ation Page 1 of 2 @ King COunty _:101"1- _~I"'.,~- ..,...'"........ ."",..""..,,0111 -,..-.....~ -Fb;:,:: ~ ~ z: ~ E :s~ri s jj;?~~~~~~iY~J ~~g'!kjfr~~tj~'~i~~~~ Tax Account Number 720480001505 (This account is active.) Parcel Number 7204800015 Tax Payer Name SCHNEIDER HOMES INC 059999 Mailing Address 6510 SOUTHCENTER BLVD SUITE 1 TUKWlLA WA 98188 Annual Statement Requested by Amount Due: $ 1,936.85 Second half amount if paid by October 31, 2002. If the mailing name or address is incorrect and you want to make a change, please dick on the following link: Tax Info FAa If you would like an official printed tax statement mailed to the mailing address listed above, click on the REQUEST PRINTED TAX STATEMENT button. . . . REQUEST PRINTEDTAXSTATËMENT. . .', . ..1 2002 Tax Information Tax Amount $ 3,871.75 Other Information FEES Land Value: $ 311 OOC NOXIOUS WEED $ 1.9E Imorovement Value: $C Total Billed: $ 3 873.70 Status: Taxable Paid: $ 1,936.85 Levy Code: 1198 Interest: $O.OC Penaltv: $O.OC Amount Due: $ 1,936.85 2001 Tax Information Tax Amount $1,337.97 Other Information FEES Land Value: $103,00C NOXIOUS WEED $ 1.3C Improvement Value: $C Total Billed: $ 1,339.27 Status: Taxable Paid: $ 1,339.27 Levy Code: 119E Interest $0.0 Penaltv: $ 0.0 EXHIBI Amount Due: $ 0.0 TÆ PAGE--L-OF a 2000 Tax Information I Tax Amountl FEES $ 1,386.261 http://webapp.metrokc.gov/KCTaxinfo/taxinfo.asp ?parcel_i d=72048000 15&submi t 1 =Search 8/5/02 King County Dept. of Finance, Treasury Operations - Property Tax InfoI1T!,ation Page 2 of 2 NOXIOUS WEED Total Billed: Paid: Interest: Penalt : Amount Due: 1999 Tax Information $1.3 $ 1,387.56 $ 1,387.56 $0.0 $0.0 $0.0 $ Taxabl 119 1m rovement Value: Status: Le Code: Tax Amount: $ 1,993.21 Other Information FEES Land Value: $144,000 NOXIOUS WEED $1.30 Imorovement Value: $0 Total Billed: $ 1,994.51 Status: Taxable Paid: $ 1 994.51 Levv Code: 1198 Interest: $0.0 Penalty: $0.0 Amount Due: $0.0 Receipt Information Date: 05/02/02' Date: 11/05/01 Date: 05/02/01 Date: 11/08/00 Date: 04/30/99 Receipt#: Receipt#: Receipt#: Receipt#: Receipt#: 546875 541601 256026 558714 564994 Amount: Amount: Amount: Amount: Amount: $ 1,936.85 $ 669.63 $ 669.64 $2,709.14 $ 997.26 Treasury Operations Tax Information Home King County I News I Services I Comments I Search Links 10 external s~es do not const~ute endorsements by King County, By vis~ing this and other King County web pages, you expressly agree to be bound bylerms and cond~ions of the s~e. The details, MsgCode:08 ParceINumber:720480001505 EXHIBIT --L PAGE~OF ~ http://webapp.metrokc.gov/KCTaxinfo/taxinfo.asp1parcel j d=72048000r5&submi t 1 =Search 8/5/0'2 MEETING DATE: December 3, 2002 ITEM# :;z: ç; ) ---------------------.,-------.-.,----,----.-----.--------.'.'----------------------.-,.,-.,------------,.-.-,., CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Orchid Lane Preliminary Plat, File No. 00-100947 -OO-SU CATEGORY: ŒJ CONSENT ŒJ RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER BUDGET IMPACT: Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ NA $ NA $ NA ATTACHMENTS: November 12,2002, memorandum ITom Jim Harris to City Council Land Useffransportation Committee, with attachments including Hearing Examiner November I, 2002, Report and Recommendation and November 7, 2002, Hearing Examiner revision to the Report and Recommendation and preliminary plat approval resolution, ----,----.-----------,.--,-.----.-------....,------.--------.'.'-'.-'.'-.---.------,---------.------- SUMMARYIBACKGROUND: The applicant requests approval of a 50-lot residential cluster subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. CITY COUNCIL COMMITTEE RECOMMENDATION: On November 18, 2002, the LUTC voted 2 - I to recommend conditional approval of the Orchid Lane preliminary plat application to the full City Council, as recommended by the Hearing Examiner and modified by the LUTC. The LUTC voted 2 - I in favor of adding the following condition to the preliminary plat approval: Prior to final plat approval the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the city for implementation of traffic calming devices to mitigate project impacts. PROPOSED MOTION: "1 move approval of the resolution approving the Orchid Lane preliminary plat, based on the findings and conclusions in the November 1,2002, Report and Recommendation by the Federal Way Hearing Examiner and November 7, 2002, Hearing Examiner revision to the Report and Recommendation, as modified and recommended by the Land Use/Transportation Committee." ~;~--;::;'~~'~;'-;;;~~~~~:'-vjJ-1C.~-------------------------------,-- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ""'"'OS, CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: November 12,2002 To: Eric Faison, Chair Land Use and Transportation Committee FROM: ~Harris, Senior Planner VIA: ~avid M+anager RE: Preliminary Plat of Orchid Lane Application No. 00-100947-00-SU I. STAFF RECOMMENDATION Staff recommends the Land Use and Transportation Committee forward to the City Council a recommendation approving the Orchid Lane preliminary plat with conditions, based on the findings and conclusions in the November 1,2002, Report and Recommendation by the Federal Way Hearing Examiner, and November 7, 2002, Hearing Examiner revision to the Report and Recommendation. II. SUMMARY OF ApPLICATION The applicant requests approval of a 50-lot residential cluster subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. III. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures, preliminary plat applications are brought to the Land Use and Transportation Committee for review and recommendation prior to review by the full Council. IV. HEARING EXAMINER'S RECOMMENDATION On November 1,2002, the Federal Way Hearing Examiner issued a Report and Recommendation (Exhibit A) to approve the proposed Orchid Lane preliminary plat, and the Examiner issued a revised condition number five of preliminary plat approval on November 7, 2002 (Exhibit B). The Hearing Examiner's recommendation includes all but one condition recommended by staff, and one minor revision to condition number six regarding ownership of non-motorized access tracts. The Hearing Examiner did not recommend approval of staff recommended condition number seven, requiring a neighborhood traffic meeting and implementation of traffic calming devices used to control traffic volumes and speeds. The Examiner's recommendation was issued following consideration of a staff report (Exhibit C) and testimony presented at the October 22, 2002, public hearing, and is subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Level I storm water runoff control (detention) for the majority of the site shall be provided by the Panther Lake Regional Stonnwater Facility. The developer is required to analyze the downstream drainage system to the Panther Lake Regional Stonnwater Facility to verifY adequate capacity; to design and construct new conveyance facilities; and to reconstruct any portions of the conveyance system necessary to accommodate the increase in runoff. In addition, the applicant will be required to pay a pro-rata share for off-site detention capacity to be determined by the City. The final plat shall not be recorded and construction of the offsite drainage conveyance system shall not begin until the necessary offsite easements have been recorded. The developer shall provide a treatment and detention facility for runoff from the remaining portion of the west basin that cannot be conveyed to the east basin due to topographic constraints. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. 2. The final plat drawing shall establish Tract A as an open space tract to be owned in common and maintained by the homeowners association of the proposed subdivision. The final plat note shall include provisions prohibiting removal or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A note shall be included on the final plat map that the open space tracts shall not be developed with any buildings, and may not be used for financial gain. 3. Prior to issuance of construction permits, a final landscape plan prepared by a licensed landscape architect, shall be submitted to the City for approval and shall include the following elements: A. Open space landscaping in Tract B; B. Street trees in right-of-way landscape planter strips; Preliminary Plat of Orchid Lane Land Use and Transportation Committee Memo File #OO-IO0947-00-SU / oodn 20929 Page 2 c. Significant tree preservation and replacement plan; and D. Visual screening of the storm drainage Tract C from adjacent right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and vegetation comparable to a FWCC Type III buffer shall be provided between the Tract C fence and 12" Avenue right-of-way. 4. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the street improvements identified in staff report Finding of Facts Number 18. 5. Mass clearing and grading of the plat is permitted for infrastructure construction and lot clearing. However, all of Tract A and approximately % of Tract B will remain undisturbed. 6. Non-motorized access Tract F shall be owned and maintained by the homeowners association, as it is an extension off a private access tract. Tracts I and J will be owned by the public. Maintenance and ownership provisions of these tracts must be identified on the final plat. v. PROCEDURAL SUMMARY March 10, 2000 April 10,2000 April 22, 2000 July 3, 2002 October 22, 2002 November 1,2002 November 7, 2002 Date of application for 50-lot Orchid Lane preliminary plat Date application determined complete Public Notice of application issued Environmental determination issued Hearing Examiner Public Hearing (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) Hearing Examiner issues recommendation of conditional approval of preliminary plat to the City Council Hearing Examiner issues revision to preliminary plat condition of approval number five November 18, 2002 City Council Land Use and Transportation Committee meeting (This committee forwards a recommendation to the full Council for a decision at a public meeting [see Section VII, below].) Preliminary Plat of Orchid Lane Land Use and Transportation Committee Memo File #OO-1O0947-00-SU / Doc <D2O929 Page 3 VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new issues or information not contained in the Examiner's record); and the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-126(c), as noted below: 1. Consistency with the Federal Way Comprehensive Plan; 2. Consistency with all applicable provisions of the FWCC, including those adopted by reference from the comprehensive plan; 3. Consistency with the public health, safety, and welfare; 4. Consistency with the design criteria listed in section 20-2; and 5. Consistency with the development standards listed in sections 20-151 through 157, and 20-178 through 20-187. Findings and conclusions that the application is consistent with these decisional criteria are set forth in the Hearing Examiner's report and recommendation. VII. COUNCIL ACTION The Federal Way City Council's review of the application is limited to the record of the hearing before the Hearing Examiner, oral comments received during the Public Meeting (so long as those comments do not raise new issues or information contained in the examiners record), and the Examiner's written report. The City Council may receive new information not in the record pursuant to FWCC Section 20-127(b). A draft resolution recommending approval of the proposed application as recommended by the Hearing Examiner is included. After consideration ofthe record, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-127: 1. Adopt the recommendation; or 2. Reject the recommendation; or 3. Remand the preliminary plat back to the Hearing Examiner pursuant to FWCC Section 20-127(b); or 4. Adopt their own recommendations and require or approve a minor modification to the preliminary plat pursuant to FWCC Section 20-127(d). Preliminary Plat of Orchid Lane Land Use and Transpnrtation Committee Memo File #00-IOO947-00-SU I "'" 1020929 Page 4 VIII. PROPOSED MOTION "I move the Land Use and Transportation Committee forward to the City Council and place on the December 3,2002 City Council agenda, a recommendation approving the Orchid Lane preliminary ~Ia;.with conditions, based on the findings and conclusions in the November 1,2002, Report and ~commendation by the Federal Way Hearing Examiner, and November 7, 2002, Hearing Examiner Ih !Iw1(\,VOO:I) revision to the Report and Recommendation." &<- EXIllBITS A. B. C, D. Hearing Examiner Report and Recommendation, November I, 2002 Hearing Examiner Revision of Recommendation, November 7,2002 Staff Report to Hearing Examiner, October 22,2002- City Council Draft Resolution for Orchid Lane Preliminary Plat Approval . Note: Not all copies of staff reports include all exhibits as listed. A full packet iucluding all exhibits to the Hearing Examiner is located in the City Council office. Preliminary Plat of Orchid Lane Land Use and Transportation Conunittee Memo File #00-IOO947-OO-SU I Dn<1D20929 Page S DRAFT /(/251 ð "'2.- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF ORCHID LANE, FEDERAL WAY FILE NO. 00-100947-00-SU. WHEREAS, the applicant Harbour Homes by Genereco Inc., applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Orchid Lane and consisting of 15.9 acres into fifty (50) single family residential lots located north and west of the intersection ofSW 344~ Street and 12~ Avenue SW; and WHEREAS, on July 3,2002, an Enviromnental Mitigated Detennination of Non significance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Enviromnental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Wayland Use Hearing Examiner on October 22, 2002, held a public hearing concerning the Orchid Lane preliminary plat; and WHEREAS, following the conclusion of said hearing, on November 1,2002, the Federal Way Land Use Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending approval ofthe preliminary plat of Orchid Lane subject to conditions set forth therein; and WHEREAS, the Federal Way Land Use Hearing Examiner on November 7, 2002, issued a revision to condition number five of the November 1,2002, Report and Recommendation; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and Res # ,Pagel File #00, IOO947-00-SU / "'" ID 20921 WHEREAS, on November 18,2002, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Orchid Lane preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Orchid Lane preliminary plat to the full City Council, with the following minor modification to the Hearing Examiner recommendation: "Prior to final plat approval, the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the City for implementation of traffic calming devices to mitigate project impacts"; and WHEREAS, on December 3,2002, the City Council considered the record and the Hearing Examiner and Land Use and Transportation Committee recommendations on the Orchid Lane preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now TIIEREFORE, THE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions. L The findings off act and conclusions of the Land Use Hearing Examiner's November I, 2002, Report and Recommendation, and November 7, 2002, revision attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted as the findings and conclusions ofthe Federal Way City Council, except the third paragraph of Hearing Examiner Finding #21 is deleted and replaced with Finding #19 of the October 22, 2002, Orchid Lane preliminary plat staff report. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary Res # , Page 2 File #00.IOO947-00-SU I O"dO20921 waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein, except as modified herein, as adopted by the City Council, the preliminary plat of Orchid Lane, Federal Way File No. 00-100947-00-8U, is hereby approved, subject to conditions as contained in the November 1,2002, Report and Recommendation of the Federal Way Land Use Hearing Examiner, November 7, 2002, Hearing Examiner revision to condition number five (Exhibits A and B), and subject to the following condition: "Prior to final plat approval, the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the city for implementation of traffic calming devices to mitigate project impacts." Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare, and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality Res # , Page3 File #00, I 00947-00,SU I DodD 2"" 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 the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS_DAY OF ,2002. CITY OF FEDERAL WAY MAyOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRlCIAA. RiCHARDSON FILED WITH THE CITY CLERIC PASSED By THE CITY COUNCIL: RESOLUTION No. Res # , Page 4 File #00-IO0947-00-SU / On"'O2092t CITY OF FEDERAL WAY ~ I;: :",,-";;---::--. , ~'~,,""L,o,,(,:'7~.',-'?-,~ 1'\/ "J.'",,"::\ ,/' i , ," J::..,I n ! U ,/ '!OV , /; '1 ,I, I' ,,)/ ~, iJJ c;ìÇ'Ï'~-.-- JI Cil'io("'5SUIiiC,ê----..J .':::::":.~I -- Page - 1 OFFICE OF THE HEARING EXAMINER' IN THE MA TIER OF: FWHE#02-05 PRELIMINARY PLAT OF ORCHID LANE I. SUMMARY OF APPLICATION The applicant Is requesting preliminary plat approval ~f a 50-lot residential lot cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: October 22, 2002 November I, 2002 At the hearing the following presented testimony and evidence: 1. Jim Harris, Senior Planner, City of Federal Way Tom Barghausen, agent for applicant, 18215 72nd Avenue South, Kent, WA 98032 2. 3. Dan Papke 4, Kerry Rogue, City of Federal Way 5. David S1. Pierre, AttOrney for Qty, 11 Front Street South, Issaquah, WA 98027-3820 6, Brent Carsont Buck and Gordon LLP, 1011 Western Avenue Ste. 902, Seattle, WA 98104 At the hearing the following exhibitS were admitted as part of the official record of these proceedings: EXHIBIT A PAGE-LOF /0 COO'O 0007" 07:aT ?nn? "'M"" 6. Page - 2 1. Staff Report wim all attachments 2. Copy of Power Point Presentation 3, Letter to Federal Way from Harbour Homes dated October 1St 2002 4. City response to Harbour Homes dated October 22, 2002 111, FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development Staff Report sets forth general findings, ~PPlicable policies and provisions in chis matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 2. 3. All appropriate notices were delivered in accordance with me requirements of the Federal Way Oty Code (FWCC). 4. The applicant has a possessory ownership interest in an "L" shaped, 15.9 acre, unimproved site located at the northwest comer of me intersection of 12th Ave. SW. and the unopened SW 344th St. right-of-way. The applicant requests approval of a lot clustering preliminary plat which will allow subdivision of the site. into 50 single family residential lots with a minimum lot size of 4,614 square feet and an average lot size of 5,413 square feet. The plat map shows 12th Ave. SW extended to the north property line and SW 344th St, extended to 15th PI. SW, west of me plat parcel. Internal plat roads will access from both 12th Ave. SW and SW 344m St.t and all lots will access onto internal plat roads. Internal plat road D will stUb against the west property line. The western portion of the "L" extension contains a Type 2 wetland and 1 00 foot wide wetland buffer. Traces Band C, located at the northeast comer of the plat, will contain recreational open space and a sconn drainage pond. 5. Unimproved properties located In the RM-3,600 Multi-Family zone classification abut the east property line, and unimproved parcels in the RS-7.2 High Density classification abut the north and west property lines. A conventional subdivision abuts the south side of the unopened SW 344th St_, and a Bonneville Power Administration EXHIBIT A PAGE-L.OF 10 -.0"Mn," "7'n"..".'on.. Page-3 7, 8. 9. 10. 11. 12. (BPA)transmission line easement along with a bike pedestrian trail extend across the southeast comer of the site. Saghalie Junior High School and Saghalie Park are located to the north of the site adjacent to SW Campus Drive. ShelWood Forest Elementary School toUches the southeast comer of the site within the BP A easement. The site Itself is within the RS-7.2 zone classificacion and the Single Family High Density designacion of the Federal Way Comprehensive Plan. Soils on the site consist of AldelWood gravelly sandy loam which are capable of supporting urban development and which have a slow to medium storm water runoff and moderate erosion hazard. The applicant proposes to mass grade the site due to the small lot sizes, reduced construCtion costs, reduced U1Jck traffic, and better erosion control. Staff supports the applicant's proposal. The topography consists of a gradual slope rising from north to soum wim a gradual slope down to the west. No steep slopes or other geological hazardous areas exist on the site. Vegetation consists of a mixed second growth forest of deciduous and conifer trees and a dense story of shrubs. The applicant has submitted a significant tree sulVey/retencion plan which proposes removal of more than 75% of the significant trees. The plan also proposes to plant replacement trees wimin open space Tract B. The applicant must secure approval of a tree clearing plan and landscape plan in accordance with Seccion 20-158 FWCc. . As previously found, a Type 2 wetland with 100 foot wide buffer in the northwest comer of the site will remain in dleir nawral condition. A mitigating measure set forth in the SEPA MDNS requires fencing and signing of the perimeter of the buffer to minimize inU1Jsions. .. The applicant engaged Terra Associates, Inc., to prepare a wildlife habitat evaluation (Exhibit" 15"). The Oty's expert, Sheldon and Associates, Inc" reviewed the evaluation and concurred with its findings and conclusions. While the site provides habitat for a number of animal species, none are listed as threatened, endangered, or sensitive. The applicant will mitigate the disruption of wildlife habitat by retaining approximately 4.6 acres of the site in open space to include the wetland and buffer. The applicant proposes a cluSter subdivision pursuant [0 Section 20-153 FWCc. Said section authorizes development of the sire with the same number of lots that could be recognized if developed with a conventional subdivision. The formula set forth therein would allow a development of 62 lots, and as previously found, the applicant proposes EXHIBIT A PAGE-2LOF 10 rM"' rnr?" "U °'0' 70n7 H.'.r" Page - 4 13, 14. 15. 16. 50 lots. Section 20-154 FWCC provides that an applicant may reduce the lot size In a cluster subdivision to one-half of the size of the underlying zoning requirement, but in no case smaller than 3,600 square feet. As previously found, the site is located within the RS-7.2 zone classification which requires a minimum lot size of 7,200 square feet. Secùon 20-154 authorizes reduction of lot size to a minimum lot size of 3t600 square feet. As previously found, the applicant's minimum lot size will equal 4,614 square feet, well above the authorized minimum. Section 20-1 54(e) FWCC requires the plat to provide 15% of the site as usable open space. Tract B, located near the northeast comer, contains 104,709 square feet, is proposed for a usable open space area, and calculates to 15.03% of the site. The applicant will install an inigated, open lawn, play area, landscaping, gravel, a pedesnian path, and children's tot lot. Approximately tWo-thirds of Tract B will remain in its natUral condition as native open space. Since futUre homeowners will own Tract B, they could develop other portions mereofwith active recreational uses. Tracts G and H, located at the southeast comer of the plat on either side of 12th Ave. SW, provide an additional 7,000 square feet of open space. The applicant will construa sidewalks along both sides of internal plat Streets and on one side of both 12th Ave. SW and SW 344th St. across the plat frontage. The applicant will also provide a pedestrian link from the north cul-de-sac to the north property line. Additional pedestrian paths will link the south internal cul-de-sac with 12th Ave- SW, SW 344th St., and the BPA pedestrian trail. Upon build-out the subdivision will generate approximately 478 average daily nips, 51 of which will occur during the p.m. peak period. Said trips will utilize both 12th Ave. SW and SW 344m St. and will impact several off-site intersections identified in the MDNS. The applicant will improve 12th Ave. SW across the plat frontage to a three quarter street standard for a principal collector, and will dedicate right-of-way therefor in widths which vary from 56 to 70 feet. The applicant will constrUct SW 344th St. across the plat frontage to three quarter street improvement standards and will dedicate 28 feet of right-of-way- The applicant will also construa SW 344th St. from the west plat boundary to I 5th PI. SW [0 half street Standards. Internal plat roads will consist of 32 feet of pavement, curbs, gutters, and sidewalks within a 56 foot wide right-of- way. As required by the MDNS, the applicant will also make pro rata payments to five off-site Transportation Improvement Plan projects in the total amount of $ 77,200. As shown in its school walking route analysis (Exhibit "18"), the applicant has provided continuous pedesnian facilities to ShelWood Forest Elementary School and to bus StOpS servicing swdents attending lIIahee Junior High School and Federal Way High School. EXHIBIT C'1 PAGE~OF JO "0. ?M? "',^,' Page-S 17. 18. 19. 20. A. c. D. -. .. ^^ ^ ^" The applicant will also comply with the City's School Impact Fee Ordinance. Parks convenient to the site include the Oty's BPA trail and Sagflalie Park, located approximately one mile from the site via public streets or the BPA trail. Other nearby parks include the Panther Lake Park and the King County Aquatic Center. The Lakehaven Utility District will provide both domestic water and fire flow to the site and sewer service to each lot. The applicant must construct the project stOnn drainage facilities in accordance with the requirements of the 1998 King County Surface Water Design Manual (KCSWDM) and the Oty's amendments thereto. The Preliminary StOnnwater Technical Infonnation Report (ExhibIt °22") shows that the site falls within tWo drainage subbasins which converge approximately one mile downstream. The preliminary design proposes to collect and convey water from both basins into a water quality treatment facility located in Tract C at the northeast comer of the site adjacent to 12th Ave. SW. The water wiD evenroally flow from the pond into the Panther Lake regional facility. Furore builders will direct roof runoff from lots 13 through 19 to the wetland buffer. Prior to approving a preliminary plat the Examiner must find that the request sadsfies the criteria set forth in Section 20-126(c) FWCC Findings on each criteria are hereby made as follows: As previously found, the project is consistent with the Federal Way Comprehensive Plan which designates the site as Single Family-High Density. The applicant proposes a high density, single family cluster plat with lot sizes varying roughly betWeen 4,000 and 8,000 square feet. B- AssumIng compliance with conditions of approval, the project will meet all applicable provisions of FWCC Chapters 18, 20, and 22 and those provisions adopted by reference from the comprehensive plan. The project is consistent with the public health, safety, and welfare assuming compliance with conditions of approval and wim applicable codes and regulations. The proposed preliminary plat is consistent wim the design criteria set forth in Section 20-2 FWCC including mose criteria addressing me effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and EXHIBIT '0 A PAGE-5-0F In ,,",',--. oC'oT '^^' To"'" Page - 6 preservation of pellTlanent open space, E. The preliminary plat complies with the development standards set forth In Sections 20-151 through 157 and Sections 20-158 through 187. 21. At the commencement of the hearing the applicant objected to the imposition of a mitigating measure set forth in the MDNS, specifically the $58,300 payment for the project's trips using lOth Ave. SW. In addition, the applicant challenged the wording of several of the City's Findings of Fact and proposed conditions of approval. During the course of the hearing the applicant and the City reached agreement on the MDNS measure as well the language for Findings of Fact and for conditions of approval with the exception of Condition No.7 which reads as follows: 7. Prior to final engineering plan approval; the applicant shall meet with neighborhood groups to address traffic impaCtS. The meeting shall áddress neighborhood concerns pertaining to potential Increase in traffic volumes and speeds as result of the development.. The intent of the meeting is to develop consensus on traffic calming devices confollTling to aty requirements to be installed by the applicant prior to recording of final plat, Current craffic calming devices used to control volumes and speeds include speed humps, speed tables, traffic circles, chicanes, curb eXtensions, signs, pavement markings, or other devices as approved by the Public Works DireCtOr. While the Examiner has found that meetings betWeen an applicant and residents of an area are very beneficial as such allows the residents to become familiar with the project and allows an applicant to address citizen concerns in an ¡nfollTlal setting. Issues such as condition no- 7 can be addressed in such a meeting where approprIate, However, such meetings should occur plior to preliminary plat approval where residents and the applicant have an oppommity to voice their concerns regarding proposed mitigating measures and not after the hearing where the Examiner has no further jurisdiction. FurthellTlore, neither the FWCC, the comprehensive plan, nor City policies and regulations require an applicant to conduct such meeting. Thus, while beneficial, such meetings are voluntary. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: EXHIBIT A PAGE--1-0F I() 3. 4. 5. Page - 7 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2, The following changes are hereby made to the City's Findings of Fact and Conclusions set forth in Section XI of the staff report: A. The first sentence of the third paragraph of Finding of Fact No.9 is hereby revised to read as follows: Tract A will be delineated as a separate tract, and owned and maintained by the subdivision homeowners association. B. The final sentence of Finding of Fact No.1 4 is hereby revised to read as follows: The applicant has submitted and staff has approved a significant tree survey and retention plan that complies with FWCC Section 20- I 86 for the purposes of preliminary plat review. Prior to the issuance of construction permits for plat infrastrUcaJre construction, a final landscape plan prepared by a licensed landscape architeCt shall be submitted to the Cty for review and approval. c. The final sentence of Finding of Fact 18 is hereby amended to read as follows: In accordance with the FWCC, all street 1I11provements must be dedicated as City right-of-way (except the private access tracts) and improved to full street standards except as set forth below. The applicant has established that the request for preliminary plat approval of Orchid Lane is consistent with the Federal Way Comprehensive Plan and the Federal Way Zoning Code. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stOps, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. The proposed cluster subdivision of Orchid Lane will serve the public use and interest by providing an attractive locadon for a single family residenrial subdivisIon convenient to schools and public parks, and will at the same time preserve and protect a Type 2 EXHIBIT A PAGE-2-0F 10 """"'" "'C,T "" T.'"" Page - 8 wetland for the benefit of the public. Therefore, the proposed preliminary plat should be approved subjeCt to the following conditions: nTn' T __n," 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCc. Levell srormwater runoff control (detention) for the majority of the site shall be provided by the Panther Lake Regional Stormwater Facility. The developer is required to analyze the downstream drainage system to the Panther Lake Regional Stormwater Facility to verify adequate capacity; to design and construct new conveyance facilities; and to reconstrUCt any portions of the conveyance system necessary to accommodate the increase in runoff, In addition, the applicant will be required to pay a pro-rata share for off-site detention capacity to be determined by the City. The final plat shall not be recorded and construction of Ú!e offsite drainage conveyance system shall not begin until the necessary offsite easements have been recorded, The developer shall provide a treatment and detention facility for runoff from the remaining portion of the west basin that cannot be conveyed to the east basin due to topographic constraints. Final review of the stormwater quality and detention will occur in conjuncrlon with the full drainage review. 2. The final plat drawing shall establish Tract A as an open space tract to be owned in common and maintained by the homeowners association of the proposed subdivision. The final plat note shall include provisions, prohibiting removal or diswrbance of vegetation and landscaping within the regulated wetlands and buffers in TraCt A, except as necessary for maintenance or replacement of existing plantings and as approved by the CIty. A note shall be induded on the final plat map that the open space tracts shall not'be developed with any buildings, and may not be used for financial gain. 3. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architeCt, shall be submitted to the City for approval and shall include the following elements: A. Open space landscaping in Tract B; B. Street trees in right-of.way landscape planter Strips; C. Significant tree preservation and replacement plan; and EXHIBIT A PAGE-LOF 10 --,,- _n^" T_O.... Page - 9 D. Visual screening of the stonn drainage Tract C from adjacent right-of- way with landscaping and/or fencing, Cyclone fencing, if used, shall be coated black or green, and vegetation comparable to a FWCC Type III buffer shall be provided betWeen the TraCt C fence and 12th Avenue right-of-way. 4. The proposed subdivision shall comply with the 1993 King CountY Road Standards (KCRS) as amended by the City of Federal Way for this project, including the street improvements identified in staff report Finding of Facts Number 8. 5. Mass clearing and grading of the plat is pennitted for infrastructure construction and lot clearing. However, all of Tract A and approximately of TraCt B will remain undiswrbed. 6. Non-motorized access Tract F shall be owned and maintained by the homeowners association, as it is an extension off a private access traCt. Tracts I and J will be owned by the public, Maintenance and ownership provisions of these tracts must be identified on the final plat. RECOMMENDATION: It is hereby recommended to the CitY of Federal Way City Council that the preliminary plat of Orchid lane be approved subject to the conditions contained in the conclusions above. TRANSMITTED THIS 1St DAY OF November, 2002, to the following: Agent: Barghausen Consulting Engineers Inc. G. Wayne Potter 18215 nnd Avenue South Kent, WA 98032 EXHIBIT it PAGE-Ì-OF -1L TT^",^^^,. .., "."-' -." ""'" Page - 10 Engineer: Kent Wilson John Baringer Mark Jacobs Brent Carson Susan Hendricks David St. Pierre Barghausen Consulting Engineers Inc. Robert J. Armstrong, PE 18215 72nd Avenue South Kent, WA 98032 1010 S, 336th St. #305 1300 Dexter Ave, N, #500 2223 [12thAve.NE#IOI 1011 Western Avenue #902 P.O. Box 3649 11 Front Street South City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-97[8 ?To" ^^O7" Federal Way, WA 98003 Seattle, WA 98109 Bellevue, WA 98004 Seattle, WA 98104 Federal Way, WA 98063 Issaquah, WA 98027 EXHIBIT ,~ PAGE~OF 10 '-007'-'-,-7 ?"'OT ?OO? TO"^" MEMORANDUM (253) 661-4000 I{OJ !fi'~'n'. [C;, 718 lf1J~ D ~ CIty 01 Federal WJY TO: PARTIES OF RECORD STEPHEN K. CAUSSEAUX, JR., Hearing Examiner ~~L PRELIMINARY PLAT OF ORCHID LANE FROM: RE: DATE: November 7, 2002 The Examiner issued a decision regarding the above entitled matter on November 1, 2002. Condition No.5 is hereby revised to read as foIIows: 5, Mass clearing and grading of the plat is permitted for infrastructUre consrruction and lot clearing, However, all of Tract: A and approximately 2/3 of Tract: B wi!! remain undistUrbed, SKC/ca r! : ~~ ~ ~d~- ;1,'1' ,\ EXHIBIT t3 PAGE-LOF I II III Iv. V. VI VII. VIII. Ix. X. XI XII. XIII. CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF ORCHID LANE Federal Way File No. 00-100947-00-SU PUBLIC HEARING - October 22, 2002 FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33530 FJRST WAY SOUTH FEDERAL WAY, WA TABLE OF CONTENTS General Information....,..".,...........,...." Consulted Departments and Agencies ..... State Environmental Policy Act.. Natural Environment.................. Neighborhood Characteristics.... General Design.. Transportation .. Public Services, Utilities..",.,................,.,..,......... Analysis of Decisional Criteria ..... Findings of Fact and Conclusion.. Recommendation. , List of Exhibits.. ..1 .,2 ..3 ,.3 ..5 ..5 ..6 ..7 ..8 ..9 ..10 .16 .. 18 Report Prepared by: Jim Harris, Senior Planner October 15, 2002 EXHIBIT C PAGE--L-OF '33 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT FOR THE PUBLIC HEARING OF OCTOBER 22, 2002 PRELIMINARY PLAT OF DEVONSHIRE File No: 00-100947-00-SU Agent: Barghausen Consulting Engineers Inc. G. Wayne Potter 18215 nnd Avenue South Kent, WA 98032 Phone: 425-251-6222 Engineer: Barghausen Consulting Engineers Inc, Robert J. Armstrong, PE 18215 nnd Avenue South Kent, WA 98032 Phone: 425-251-6222 Owner: Harbour Homes Action Requested: Preliminary plat approval of a 50-lot residential lot cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110, Staff Representative: Jim Harris, Senior Planner, 253-661-4019 Staff Recommendation: Preliminary Plat Approval With Conditions I. GENERAL INFORMA nON A. Description afthe Proposal- The applicant proposes to subdivide two vacant parcels totaling 15.9 acres, into 50 residential single-family lots in a cluster subdivision, with each lot having a minimum of 4,614 square fcet and an average lot size of 5,413 square feel. Since the proposal is for a cluster subdivision, pursuant to FWCC Section 20-154, the minimum lot size may be up to one half the size of the underlying zoning requirement, but in no case smaller than 3,600 square feel. The preliminary plat map, revised May 23, 2002, along with associated dra~~tjji~¡¡jJ¡,w th<¡ ( preliminary plat map prepared by Barghausen Consulting Engineers are enc~At':l:ldl:Nll,. PAGE-LOF 33 00-lO0947-O0-SU t 0000020"3 Page 1 Preliminary Plat of Orchid Lane StAtTReport to Ille Hearing Examiner II. In an October 9, 2002, letter (Exhibit 12), the applicant has requested to generally shift a portion of the proposed alignment of 12th Avenue SW approximately 14-fcct to the east, from the alignment depicted on the preliminary plat map and associated drawings. The 14-foot shift will result in deeper or wider lots because of grade constraints and reduce the amount of dedication on 12th Avenue SW. The preliminary plat map does not depict this approximately 14-foot shift to the east. However, this shift does not modify the nwnber of proposed lots or substantially change the internal lot and road configuration. B. Location - The site is located in the central portion of the City, at the northern tenninus of 12th Avenue SWat approximately the 34500 Block (Exhibit I). c Parcel Numbers - The parcel numbers are 192104-9027 and 192104-9029. A legal description of the property is on the plat map. D. Size afProperty - The subject site has a land area of695,334 square feet (15,96 acres). E. Land Use and Zoning - Direction Zoning Comprehensive Plan Site RS-7.i SF - High Density North RS-7.2 SF - High Density South RS-7.2 SF - High Density East RM 3,600 Multi-Family West RS-7.2 SF - High Density Existing Land Use Vacant Vacant Undeveloped Right-of-Way and Single-Family Residences Vacant Vacant F. Background - The preliminary plat of Orchid Lane was submitted on March 10,2000 (Exhibit 2). The application was determined complete on April 10, 2000, and is vested to codes in place at the timc of complete preliminary plat application. CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC The following departments, agencies, and individuals were advised of this application. A Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable, B. All property Ol'mers and occupants within 300 feet ofthe site were mailed notices of the complete preliminary plat application, The site was also posted and notice published in the newspaper and on the City's official notice boards, One comment letter from Ms. Sandra Bacik was submitted to the City in response to the Notice of Application (Exhibit 3). 'RS. 7,2 ~ single family residential, 7,200 SF minimum lot size, EXHIBIT C PAGE~OF 3 '3 00-1O0947-O0-SU I 00<1020593 Page 2 Preliminary Pial of Orchid Lane S1a1TReporl to the Hearing Examiner c In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. III. STATE ENVIRONMENTAL POLICY ACT A Mitigated Environmental Determination of Non significance (MONS) was issued by the City of Federal Way for the proposed action on July 3, 2002 (Exhibit 5). This determination was based on review of information in the project file, including the environmental checklist (Exhibit 6) and staff evaluation of the environmental checklist for Orchid Lane (Exhibit 7), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MONS. SEP A comments were received from Mr. Steven Carpenter (Exhibit 8) and the Bonneville Power Administration (Exhibit 9), In addition, the City evaluated an April 27, 2000, Notice of Application comment letter from Ms. Sandra Bacik. The City provided written responses to Mr. Carpenter and Ms. Bacik (Exhibits 10 and 4), No appeals on the SErA decision were submitted to the City, and the appeal period expired on July 31, 2002. IV. NATURAL ENVIRONMENT A. Soils - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (Age), Alderwood soils are characterized as moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgC soils are described as capable for urban development, runoff is slow to medium, and erosion hazard is moderate. Typical soils excavation will occur with the street construction, lot grading at the site of the proposed on-site water quality treatment facility, and for utility installation. The preliminary clearing and grading plan depicts clearing limits for construction of the following facilities: street right-of-way, surface water pond, usable recreation area, and utility development. Additionally, due to the small lot sizes, reduced construction costs, reduction in truck traffic, potential for better erosion control, and efficiencies in mass clearing and grading the site, the applicant is requesting to clear and grade all of the lots in conjunction with construction of plat infrastructure (refer to section IV,C Vegetation below for further discussion). 8, Topography - The site has a gradual slope rising from the north to the south, with a gradual slope down to the west. The site does not have any steep slopes or any other g'l!XfJh ~us C areas. PAGE-Ï-OF 3 '3 Prehminaty Plat of Orchid Lane SIaIT Report to 1he Hearing Examiner OO-tO0947.Q0-SU I Doc ID 20'" Page 3 c. Vegetation - A mixed second growth forest consisting of deciduous and conifer trees, and a dense understory of shrubs, occupy the site. Dominant trees include douglas fir and red alder. A significant tree survey/retention plan (Exhibit 1, page 4), revised 9/18/02, has been submitted to the City. The applicant has requested to remove more than 75 percent of the significant trees on- site. and proposed to plant replacement trees within the on-site open space Tract B, to fulfill the code required minimum 25 percent significant tree retention. Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-158. City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. However, due to the small lot sizes, reduced construction costs, reduction in truck traffic, potential for better erosion control, and efficiencies in mass clearing and grading the site, City staff is supporting mass clearing and grading of the site, as requested by the applicant in an October 9,2002, letter (Exhibit 12). D. Wetlands - One wetland exists in Tract A in the northwest side of the site. A March 7, 2000, Wetland Evaluation and November 28, 2000, addendum by Terra Associates mc revealed one regulated wetland on the subject property (Exhibits 13 and 14). The wetland is a Type 1I wetland requiring a 1O0-foot buffer. No temporary or permanent intrusions into the regulated wetland or wetland buffer are proposed. The City's wetland consultant, Shcldon and Associates Inc., has reviewed the Terra Associates reports and concurs with the wetland delineations and findings. A mitigation condition of the SEP A decision requires the developer to provide fencing and signing the perimeter of on site wetland buffer, in order to minimize potential intentional or inadvertent wetland buffer intrusions by human activity. E, Wildlife and Habitat- The applicant provided a March 7, 2000, Wildlife Habitat Evaluation by Terra Associates Inc. (Exhibit IS). The wildlife evaluation summarizes that the proposed development is unlikely to have any significant adverse effeet on any threatened, endangered, or sensitive species. Sheldon and Associates Inc, has reviewed the Terra Associates wildlife evaluation and concurs with the findings and conclusions of the wildlife evaluation. The site provides habitat for mammals, amphibians, rodents, as well as songbirds and insects. Some of these animals will be eliminated or displaced by the proposal. In addition, the introduction of human activities, including domestic animals, to the site may threaten the viability of any remaining habitat. The primary form of wildlife habitat mitigation is through minimization of impact by retaining approximatcly 4.6 acres of the site in open space, within Tracts A and B. EXHIBIT C PAGE-LOF 'l1 OO-IOO947-O0-SU I DodD 2059' Page 4 Preliminary Plat of Orchid Lane StaŒRcport to the Hearing Examiner V. VI. NEIGHBORHOOD CHARACTERISTICS Vicinity - The property is situated in the central portion of the City, in a single-family residential area. The site is vacant. The majority of adjacent properties to the south are developed with single-family residences, Property to the north, east, and west are all currently undeveloped, The BP A corridor traverses the southeast comer of the subject property. An undeveloped 50-foot wide dedicated public right-of-way abuts the south side of the subject property. GENERAL DESIGN A. Density--- Pursuant to FWCC Section 20-153, the total number oflots created in a cluster subdivision cannot exceed the number of lots that would be permitted in a conventional subdivision on a site of the same total area, after reservation of the required open space. The total number oflots permitted is calculated by subtracting the required open space of 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. Therefore, the maximum number of lots that could be created on the subject 15.96-acre parcel is 62 lots, based on the calculation below. Total Lot Area Minus 15% open space Minus 20% for streets 695,334 sq.ft. 104,300 sq.ft. 139066 SQ.ft. 451,968 sq.ft. (15.96 ac) divided by 7,200 ~ 62 lots maximum B Lot Size - The proposed Orchid Lane lots range in size from 4,614 to 8,989 square feet, with an average lot size of5,413 square feet. Pursuant to FWCC Section 20-154, lots created in a cluster subdivision may be up to one-half the size of the underlying zoning requirement, but in no case smaller than 3,600 square feet. c Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires 15 percent of the site to be on-site, usable open space (FWCC Section 20-154[e]). Proposed Tract B contains 104,709 square feet and is provided for usable open space area. The proposed size of Tract B exceeds the minimum 15 percent requirement for on-site usable open space. Tract B is one contiguous 2.4-acre parcel, is accessible from two public streets, and provides for active recreation opportunities. The usable portion of Tract B has some minor grade change, but docs not contain any steep slopes. The applicant has proposed to develop a portion of Tract B with an irrigated open lawn play area, landscaping, gravel pedestrian path, and children's tot lot. Approximately Y, of Tract B will be left in its current vegetated condition as native open space; however, this open space area could be further developed in the future for active recreation use. The applicant has proposed ownership of Tract B to be by the future homeowners association. Final verification of compliance with the minimum usable open space area requirements will occur in conjunction with review of the final plat. EXHIBIT é PAGE-LOF 1 J OO.lOO947.QO,SU I 00<1020>93 Page 5 Preliminary Plat of Orchid Lane Sl3lTReport to the Hearing Examiner VII. Tracts G and H, identified on the preliminary plat map, also provide approximately 7,000 square feet of open space, D. Subdivision Access and Roadway System - Access to the site will be provided by the northward extension of 12th Avenue SW and westerly extension ofSW 344th from 12th Avenue SW to 15th Place SW. Section VII of this report, and the findings offact, provide a detailed description of the proposed roadway system and improvements. E. Pedestrian System - Sidewalks will be provided along both sides of all interior plat streets. Sidewalks will be constructed on one side of both the 12th Avenue SW and SW 344th frontages. In addition, to meet the non-motorized pedestrian block standard in FWCC Section 20-15 I, a pedestrian connection is to be stubbed to the north property line in Tract F, to allow future connectivity to the north. Pedestrian connections to the southeast corner of the site are also provided in Tracts I and J, Improvements in Tracts F, I, and J shall be constructed to FWCP cross- section ZZ, with a 12 foot paved section, four feet oflandscaping on each side, and within a 20 foot tract. In addition, SEP A condition number three requires reconstruction and realignment of any portions of the City of Federal Way BPA Trail impacted by on-site or off-site improvements associated with the proposal. The reconstruction and realignment of the BP A Trail will be on both sides of 12th Avenue SW. F. Landscape Buffers - In accordance with FWCC Chapter 20, "Subdivisions," landscape buffers arc specified only when the plat is adjacent to an incompatible zoning district The proposed plat is bordered on all sides by single-family or multi-family residential zoning; therefore, no perimeter buffers are required. Street trees, when mature, open space vegetation, and screening of the storm drainage tract will contribute to visual buffering. Street tree requirements are described in Section VII-A of this report. TRANSPORTATION A. Street Improvements -Access to the site will be provided by the northward extension of 12th Avenue SW and westerly extension ofSW 344th from 12th Avenue SW to 15th Place SW. In accordance with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tracts) and improved to full street standards. The preliminary plat application includes a conceptual alignment of the future extension of 12th Avenue SW, north of the Orchid Lane site to Campus Drive (Exhibit 1, page 12). Street improvements for on-site, off-site, and street frontage are required to meet applicable City codes, including perimeter block standards, second access requirements, and maximum cui-de-sac length, Details of street improvements are included in the fmdings of fact below. The Public Works Department and Federal Way Fire Department have approved preliminary roadway improvements and curve radius as proposed, B. Off Site Traffic Mitigation - Based on the February 29, 2000, Traffic Impact Analysis (TIA) prepared by Transportation Planning and Engineering Inc (TP & E) (Exhibit 14) and May 30, 2001, TP & E letter to the City of Federal Way EXHYSITevclopmë. will generate PAGE Preliminary Plat of Orchid Lane Stair Report to the Hearing Examiner 47-O0-SU/DocID20593 Page 6 VIII, approximately 51 PM peak hour weekday trips, and 478 average weekday trips. The new trips generated by the project will have a significant adverse impact on the City's transportation network. This proposal has been reviewed under SEP A. Pursuant to SEP A condition number four, in order to mitigate for potential adverse transportation impacts resulting ITom the construction of the project, the applicant must construct the impacted Transportation Improvement Plan (TIP) projects before final plat approval. In lieu of constructing the impacted TIP projects before final plat approval, the applicant may voluntarily offer to pay a pro-rata share contribution of $135,500.00 towards the impacted TIP projects based on the calculation in the MONS. PUBLIC SERVICES A. Schools - As part of the City's initial review of the proposal, the preliminary plat application was referred to the Federal Way School District for comments. The developer provided a School Walking Route Analysis (Exhibit 18) as a component of the preliminary plat application. Prior to preparing the school access analysis, Federal Way Public Schools (Geri Walker), provided written comments on the proposal in a November 4, 1999, letter to the City (Exhibit 19). In summary, school students living in the proposed development will walk to Sherwood Forest Elementary School. School students will be bussed to Illahee Junior High and Federal Way High Schools, as these schools are over one mile ITom the site. Existing sidewalks in the neighborhood and code required sidewalks inside the plat and along the frontage will provide adequate continuous walking facilities to the elementary school and to the bus stops as described in the November 4, 1999, School District letter. School service areas are reviewed annually and may be adjusted to accommodate emollment growth and new development. Pursuant to the November 4, 1999, letter from Federal Way Public Schools regarding the preliminary design and layout of the Orchid Lane project, the proposed development will generate approximately 30 school age children. The collection of school impact fees will help mitigate the school impacts. The current school mitigation fee is $2,616.00 for a single-family residence and is collected at building permit issuance for a residence. School impact fees are determined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. The applicable fee would be determined at the time complete individual single-family building permits are submitted to the City. B. Parks & Open Space - The Orchid Lane site is adjacent to the City of Federal Way's BPA Phase 3 Trail (multi-modal transportation and recreational). In addition, Sagalie Park is approximately one mile away from the Orchid Lane site, via public streets or the BP A TraiL Panther Lake Park and the Weyerhaeuser King County Aquatic Center are approximately one mile ITom the site by public roadway. On-site parks and open space requirements are discussed in Section VI of this report. C Fire Protection - The Certificate a/Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact number and local ion of fire hydrants will be reviewed and approved by the Fire Department. EXHIBIT C PAGE~OF ~3 OO-1O0947-DO-SU / DocJD20593 Page 7 P,c!iminary Plat ofO,ehid Lane StatT Report 10 the Hearing Examine, IX. UTILITIES A. Sewage Disposal- The applicant proposes to serve the subdivision by a public sewer system managed by Lakehaven Utility District. A January 4, 200 I, Certificate of Sewer Availability (Exhibit 20) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. B. Water Supply - Thc applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A January 4,2001, Certificate of Water Availability (Exhibit 21) indicates Lakehaven's capacity to serve the proposed development through a DEA. c Drainage Facilities - Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The applicant's May 28, 2002, preliminary stormwater Technical Information Report (TIR) by Barghausen Consulting Engineers, Inc. (Exhibit 22) was reviewed by the City's Public Works Department. The site falls within two drainage subbasins that converge approximately one mile downstream of the site. The preliminary design proposes to collect and convey water from both basins through a series of pipes and catch basins into a storm drainage water quality treatment facility located near the northeast portion (adjacent to 12th Avenue SW) of the Orchid Lane site. A drainage adjustment (Exhibit 23) was approved by the City of Federal Way to allow the majority of runoff from the west basin to be conveyed to the east basin, The design anticipates that stormwater flow control (detention) for the Orchid Lane site will be provided offsite by Panther Lake Regional Facility. The proposal will be required to: I) Analyze the downstream drainage system to the Panther Lake Regional stormwater facility to verify adequate capacity. Design and construct new off-site conveyance facilities, and reconstruct any existing portions of the conveyance system as needed to accommodate the increase in runoff. In addition, the applicant will be required to pay a pro-rata share for off-site detention capacity to be determined by the City. The [mal plat shall not be recorded and construction of the offsite drainage conveyance system shall not begin until all necessary offsite easements are recorded. 2) To maintain existing wetland hydrology, roof runoff from lots 13 through 19 shall be dispersed through dispersion trenches located outside the wetland buffer. 3) A stormwater treatment and detention facility shall be designed and constructed in accordance with Chapter 5 of the 1998 KCSWDM to treat and detain the remaining stormwater runoff from the west basin, primarily from offsite street improvements on SW 344th Street. Adequate capacity of the downstream conveyance system from Orchid Lane Plat shall be verified and improved as necessary. Final review of the stormwater quality and detention will occur in conjunction wilp ¡h,,~J.. L drainage review. EXHltSl1 PAGE-Í-OF 31 OO-IOO947-O0-SU / DodD"'" Page 8 Preliminary Plat of Orchid Lane StalT Report to the Hearing Examiner x. ANALYSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-1I0, preliminary plat applications are submitted to the hearing examiner for public hearing. The preliminary plat application and the recommendation of the hearing examiner are forwarded to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the hearing examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan. Staff Comment: The application is subject to the 1998 Federal Way Comprehensive Plan (FWCP), which designates the property as Single Family - High Density. The proposed land use, Single Family Residential lot cluster plat, with 3,600 square foot minimum lot size (RS-7.2), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan, Staff Comment: The preliminary plat application is required to comply with the provisions of FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with the current Single Family High Density land use classification of the FWCP and map. Proposed access and ftre hydrant locations must meet all requirements of the Federal Way Fire Department. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare, 4. It is consistent with the design criteria listed in Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and preservation of approximately 33 percent of the site for permanent open space. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter EXHIBIT (' PAGE~OF 3 '3 OO-IOO947-O0-SU ¡""'1O20593 Page 9 Preliminary Plat of Orchid Lane Staff Report to the Hearing Examiner XI. 5. It is consistcnt with the development standards listed in Sections 20-151 wough 157, and 20-158 through 187. Staff Comment: As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. FINDINGS OF FACT AND CONCLUSIONS Bascd on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposed action is to subdivide two vacant parcels totaling 15.96-acres, into 50 single-family lots, in a cluster lot configuration, There is one on-site wetland located in the northwest corner of the property. In an October 9, 2002, lettcr to the City, the applicant has requested to shift the horizontal alignment of Ith Avenue SW east approximately 14-feet in order to make deeper and wider lots, and have less dedication on Ith Avenue SW. The preliminary plat map does not depict this 14-foot shift to the east. The 14-foot shift does not significantly change the preliminary plat design, modify the numbcr of proposed lots, or substantially change the internal lot and road configuration. 2. The preliminary plat application is subject to the 1998 FWCP, and the codes and regulations in effect at the time the application was deemed complete, which was April 10,2000. 3. The subject property is designated Single Family High Dcnsity in the 1998 FWCP. 4. An Environmental Mitigated Determination of Non significance (MDNS) was issued for this proposed action on July 3, 2002. No appeals of the SEP A decision were submitted to the City prior to expiration of the SEPA appeal deadline of July 31, 2002. 5. Zoning for the site is RS-7.2, (minimum lot size 7,200 square feet). Properties on all sides of the subject property are also zoned RS 7.2, except the property to the east which is zoned RM 3,600. The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations applicable to a lot cluster plat. 6. Pursuant to FWCC Section 20-154, the lot size in a cluster subdivision may be reduced up to y, the minimum lot sizc of the underlying zoning designation, but in no case smaller than 3,600 square feet. Therefore, the minimum lot size allowed on the project is 3,600 square feet. All proposed lots exceed the minimum size required and the average proposed lot size is 5,413 square feet. 7, Pursuant to FWCC Section 20-153, on this 15.96-acre site, the maximum number of lots allowed is 62, The maximum number of lots allowed is calculated by subtracting 15 percent of the gross land area for open space and subtracting 20 percent for streets, and dividing the remaining area by the underlying zoning lot size, The 50 proposed lots comply with applicable maximum lot count standards. EXHIBIT L PAGE-1LOF:r:s 00-IOO947-O0-SU I Doc to 20593 Page 10 Preliminary Plat of Orchid Lane SlalT Report to the Hearing Examiner 8, As proposed, each lot contains an adequate size and shape building envelope to contain a future single-family residence. Building setback lines (BSBL) are identified on the preliminary plat map. 9. One wetland exists in Tract A along the northwest side of the site. A March 7, 2000, wetland evaluation and November 28, 2000, addendum by Terra Associates Inc revealed one regulated wetland on the subject property, The wetland is a Type II wetland requiring a 100-foot buffer. No temporary or permanent intrusions into the regulated wetland or wetland buffer area. The City's wetland consultant, Sheldon and Associates Inc., has reviewed the Terra Associates reports and generally concurred with the wetland delineations and findings Tract A will be delineated as a separate tract, and owned and maintained by the subdivision property owners. In order to ensure future protection of the on-site wetland and buffer in tract A, a note shall be included on the fmal plat that the open space tract shall not be developed with any buildings, may not be used for financial gain, and removal or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A is prohibited, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A condition of the SEP A decision requires the developer to provide fencing and signing the perimeter of on-site wetland buffer in order to minimize potential intentional or inadvertent wetland buffer intrusions by human activity. 10. The applicant provided a Wildlife Habitat Evaluation by Terra Associates Inc., March 7, 2000 (Exhibit 10). The proposed development, when completed, will displace approximately 10 acres of habitat for small mammals, rodents, reptiles, birds, and insects. Some of these animals will be eliminated or displaced by the proposal. In addition, the introduction of human activities, including domestic animals, to the site may threaten the viability of any remaining habitat. The wildlife evaluation summarizes that the proposed development is unlikely to have any significant adverse effect on any threatened, endangered, or sensitive species. The primary form of wildlife habitat mitigation is through minimization of impact by retaining approximately 4,6 acres of the site in open space, within Tracts A and B. Acting as a consultant to the City, Sheldon and Associates Inc. reviewed the Terra Associates wildlife evaluation and generally concur with the findings and conclusions of the wildlife evaluation. 11. The cluster plat regulations are intended to promote open space and protect natural features. The proposed plat results in preservation of approximately 33 percent of the site in open space with approximately 4,9 acres of usable and constrained open space. 12 In accordance with FWCC Section 20-154(e), a cluster subdivision must provide all required open space (15 percent) on site and it must all be usable. In a September 24,2002, letter from Harbour Homes to the City of Federal Way (Exhibit II), the applicant has agreed to comply with the City's open space requirements as described in the letter. Total usable minimum open space required for this plat is 104,300 square feet (2.4 acres). To comply with the open space requirements, the applicant proposes to provide afilll~~ IT 104,700 square feet (2,4 acres) of on-site usable open space, contained withinlCiAmltJ PAGE I J. OF..3,L OO-IO0947.o0-SU I Dn<lD20593 Page 11 (, Preliminary Plat of Ore hid Lane SlaO'Report to the Hearing Examiner Tract B is one contiguous 2.4-acre parcel, is accessible úom two public streets, and provides for active recreation opportunities. The usable portion of Tract B has some minor grade change but does not contain any steep slopes. The applicant has proposed to develop a portion of Tract B with an irrigated open lawn play area, landscaping, gravel pedestrian path, and children's tot lot Approximately :y, of Tract B will be left in its current vegetated condition as native open space; however, this area could be further developed in the future for active recreation area. The applicant has proposed ownership of Tract B to be by the future homeowners association. Final verification of compliance with the minimum usable open space area requirements will occur in conjunction with review of the fmal plat Tracts G and H, identified on the preliminary plat map, also provide approximately 7,000 square feet of open space. Final provisions for ownership and maintenance of Tracts G and H must be provided on the final plat map. 13. Construction of plat infrastructure and lot clearing will result in clearing and grading the whole site, except for Tract A and a portion of Tract B. In a October 9, 2002, letter úom Barghausen Engineers Inc. (Exhibit 12), the applicant has requested to mass clear and grade all developed portions of the site in conjunction with construction of the plat infrastructure. City policy and FWCC Section 20-179 states that existing mature vegetation shall be retained to the maximum extent possible; however, due to the small lot sizes, reduced construction costs, reduction in truck traffic, potential for better erosion control, and efficiencies in mass clearing and grading the site, City staff is supporting mass clearing and grading of the site due to the circumstances cited in the applicants written request 14. The site is occupied by a mixed second growth forest consisting of deciduous and conifer trees, and a dense understory of shrubs, Dominant trees include douglas fir and red alder. A significant tree retention plan (Exhibit I, revised 9/18/02) has been submitted to the City. The applicant has requested to remove more than 75 percent of the significant trees on-site, and proposed to plant replacement trees within the on-site open space Tract B, to fulfill the code required minimum 25 percent significant tree retention. Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-158. 15, Prior to issuance of construction permits, the applicant will be required to submit a fmallandscape plan addressing open space landscaping in Tract B, stoon drainage tract screening and landscaping, street trees, and significant tree preservation/replacement plan. In compliance with the KCSWDM and Federal Way amendments, visual screening of the SIOon drainage Tract C úom adjacent right-of-way is necessary to mitigate visual impacts along a collector street, and shall be accomplished with fencing and landscaping. Cyclone fencing, if used, shall be coated black or grcen, and vegetation comparable to a FWCC Type III buffer shall be provided between the Tract C fence and 12th Avenue right-of-way, 16. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Stoon drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary storm drainage TIR (addendum) by Barghausen Consulting Engineers, Inc., May 28, 2002, was reviewed and accepted by the City's Public Works Department An t!XflfBlT"..nted to [!!.ow runoffúom PAGE-12.JJEi9Q9" ~~/<XK1D20"3 Page 12 Preliminary Plat of Orchid Lane Staff Report to the Hearing Examiner the majority of the west basin to be treated and conveyed along with runoff from the east basin. Water quality treatment is required on-site and is proposed in Tract C. The applicant has proposed a fee-in-lieu for offsite detention in the Panther Lake Regional Stormwater Facility for the majority of the site, and a treatment and detention facility for a portion of the west basin. Offsite conveyance facilities will be constructed and/or reconstructed to assure adequate conveyance capacity to the regional facility. In conjunction with off-site improvements, the proposed water quality treatment and offsite detention in compliance with KCSWDM as adopted by the City is adequate to serve the proposed development. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. 17. Based on the Traffic Impact Analysis prepared by TP & E Engineers Inc, February 29, 2000, and May 30, 200 I, TP & E letter, the development will generate approximately 51 PM peak hour weekday trips, and 478 average weekday trips. The new trips generated by the project will have a signifièant impact on the City's transportation network. This proposal has been reviewed under the State Environmental Policy Act (SEP A). Pursuant to SEP A condition number four, in order to mitigate for potential adverse transportation impacts resulting from the construction of the project, the applicant must construct the impacted Transportation Improvement Plan (TIP) projects before final plat approval. In lieu of constructing these impacted TIP projects before [mal plat approval, the applicant may voluntarily offer to pay a pro-rata share contribution of $135,500.00 towards the impacted TIP projects based on the calculation in the MONS. 18. Access to the site will be provided by the northward extension of 12'" Avenue SW and westerly extension of SW 344'" from 12'" Avenue SW to 15'" Place SW. Both SW 344'" Street and 12'" Avenue SW arc identified as Principle Collector streets in the 1998 FWCP. In accordance with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tracts) and improved to full street standards The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of the Orchid Lane subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application, To ensure provisions have been made to allow future connection of 12'" Avenue SW to the north of the Orchid Lane site, the applicant provided a conceptual alignment plan for the 12th Avenue extension trom Orchid Lane to Campus Drive. In a September 24, 2002, lctter from Harbour Homes to the City of Federal Way (Exhibit 11), the applicant has agrced to comply with the City's street improvement and right-of-way requirements as described in the letter. The following identifies street improvements and right-of-way dedication necessary to provide safe and efficient access to the Orchid Lane project, in compliance with applicable City codes. Preliminary Plat of Orchid Lane SlalTRcport to 1he Hearing Examiner For 12'" Avenue SW, dedication of right-of-way varies between 70 feet at both the north and south property lines, and 56 feet of right-of-way along the bulk of the east property frontage. Improvements will be placed to the furthest extent possible to the east, placing the curb two feet from the east property line. A grading easement from the adjacent property owner will be required, Construction shall be to cross-section "M," principal collector standards, including 36 feet of pavement, vertical curb, gutter, EXHIBIT c. PAGE-ELOF '3 3 00-1O0947'()O-SU/";~;~O;9; eight-foot wide sidewalk, streetlights, and six-foot wide planter strip on the west side, and vertical curb and gutter on the east side. Dedication of on-site local access street within 56-foot rights-of-way, and construction to cross-section "U," local access street standards, including 32 feet of pavement, vertical curbs, gutters, street trees, four-foot wide planter strips, streetlights, and five- foot wide sidewalks on both sides. Road D is necessary to meet perimeter block standards in FWCC Section 20-151, and to provide reasonable access provisions for future development. For Road D, construction of the improvements may end a reasonable distance east of the western property line to allow construction without an easement from the adjoining property owner, and to allow construction without the need for temporary retaining walls. For SW 344'" Street frontage, dedication of 28 feet of right-of-way. Construction shall be to cross-section "K," principle collector standards, including 44 feet of pavement, vertical curb, gutter, six-foot wide planter strip, and eight-foot wide sidewalk on the north side; vertical curb and 12-foot wide sidewalk on the south side from the east property line to the western edge of the BPA trail; and thickened edge only on the south side from the western edge of the BP A trail to the western property line. For SW 344'" Street off-site, construction to cross-section "K," principle collector standards, with half-street improvements including 22 feet of pavement sloped to the south, and a thickened edge on the south side. Vertical curb, gutter, sidewalk, planter strip, and streetlights are not required. Additionally, with regard to storm drainage for the off-site portion of SW 344'" Street, the applicant may not need to construct the wet vault, as currently shown on the conceptual plans, if an alternative is presented that complies with the requirements of the 1998 KCSWDM. Off site improvements within the existing 50-foot wide right-of-way for SW 344'" Street are required in order for the Orchid Lane proposal to meet the maximum cul-de-sac length standard of 600 feet contained in FWCC Section 20-15 L In addition, the off-site improvements to SW 344'" are necessitated to comply with the maximum number of250 average daily traffic trips on a local access street, identified in FWCC Section 22-1528. 19, Based on the February 29, 2000, Traffic Impact Analysis prepared by TP & E Engineers Inc, (Exhibit 14) and TP & E's May 30, 200 I, letter to the City of Federal Way (Exhibit 17), the new trips generated by the development would utilize residential streets to gain access onto arterial streets (SW 356'" Street and SW Campus Drive). As such, the City requested the developer to address the impact of the new trips on the surrounding neighborhood. The study provided by the applicant concluded that the development would contribute one trip every two minutes during the PM peak hour to the existing neighborhood. Past experiences on similar residential plats in the City has prompted City staff to take a pro-active approach in addressing potential increase in traffic volumes and speeds in the surrounding neighborhood. Parklane and Campus Highlands, two neighborhoods that would be impacted by the development, have petitioned the City in the past for relief from "cut-through" traffic. In addition, the City has received two letters from property owners concerning traffic generated by the development. Therefore, staff recommends the applicant address neighborhood traffic concerns with residents around the area of the proposed plat as requested by City staff. EXHIBIT L PACE--1LOF 13nn-IOO947.oo-su/DooID'05" Page 14 Preliminary Plat of Orchid Lane StaffRepor! to the HearinR Examiner 20. Tracts D and E shall be improved to the City code private access tract standard in FWCC Section 22-1528, and shall be limited to serving a maximum off our lots. The lots that abut these tracts for access shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tracts shall be included on the plat and the language approved by the City. Improvements shall include a 38-foot tract width and 24-foot pavement width with vertical curb, gutter, and five-foot wide sidewalks on both sides of the street. Tract length shall be limited to a maximum of ISO feet ITom face of curb to end of the tract. The Department of Community Development Services issued a September 30, 2002, interpretation regarding the number of lots permitted to abut a private access corridor (Exhibit 24). The design and layout of Tract D and E and the surrounding lots are consistent with the September 30, 2002, Private Access Tract Interpretation. 21. As part of the City's initial review of the proposal, the preliminary plat application was referred to the Federal Way School District for comments. The developer provided a School Walking Route Analysis as a component of the preliminary plat application. Prior to preparing the school access analysis, Federal Way Public Schools (Geri Walker), provided written comments on the proposal in a November 4, 1999, letter to the City. In summary, school students living in the proposed development would walk to Sherwood Forest Elementary School. School students will be bussed to mahee Junior High and Federal Way High Schools, as these schools are over one mile ITom the site, Existing sidewalks in the neighborhood and code required sidewalks inside the plat and along the frontage should provide adequate continuous walking facilities to the elementary school and to the bus stops as described in the November 4, 1999, School District letter. Pursuant to the November 4, 1999, letter ITom Federal Way Public Schools regarding the preliminary design and layout of the Orchid Lane project, the proposed development will generate approximately 30 school age children. The collection of school impact fees will help mitigate the school impacts. The current school mitigation fee is $2,616.00 for a single-family residence, and is collected at building permit issuance for a residence. School impact fees are determined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. The applicable fee would be determined at the time complete individual single-family building permits are submitted to the City. 22. Non-motorized access connections are provided in Tracts I and J in the southeast comer of the site, and a non-motorized access connection (stub) is provided in Tract F at the north end of the site. These non-motorized access connections provide safe walking areas and fulfill the non-motorized block perimeter standards in FWCC Section 20-15 I. Improvements in Tracts F, I, and J shall be constructed to FWCP cross-section 72, with a 12-foot paved section, and four feet oflandscaping on each side, within a 20-foot wide tract. Tract F shall be owned and maintained by the homeowners association, as it is an extension off a private access tract. Tracts I and J may be public or private. Sidewalks will be provided along both sides of all interior plat streets all street ITontages, and sidewalks will be constructed on one side of both the 12th Avenue SW and SW 344th ITontages. SEP A condition number three requires reconstruction and re-aligrnnent of any portions of the City of Federal Way BPA Trail impacted by on-site or off-site improvements associated with the proposal. The reconstruction and realigrnnent of the BP A trail will be on both sides of 12th A venue EXHIBIT L Preliminary Plat of Orchid Lane SlafTRcport to the Hearing Examiner O-IOO947oÛO-SU I 00«020593 Page 15 XII. SW. 23. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. 24, The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning." 25. The proposed subdivision and all attachments have been reviewed for compliance with the FWCP; FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. As proposed, and recommended by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations. 26. The Orchid Lane preliminary plat as proposed and recommended meets the decisional criteria in FWCC Section 20-126 as discussed in Section X of the staff report to the Hearing Examiner. 27. Prior to [mal plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: L Final plat approval shall require full compliance with drainage provisions set forth in the FWCc. Level 1 stormwater runoff control (detention) for the majority of the site shall be provided by the Panther Lake Regional Stormwater Facility. The developer is required to analyze the downstream drainage system to the Panther Lake Regional Stormwater Facility to verifY adequate capacity; to design and construct new conveyance facilities; and to reconstruct any portions of the conveyance system necessary to accommodate the increase in runoff. In addition, the applicant will be required to pay a pro-rata share for off-site detention capacity to be determined by the City. The [mal plat shall not be recorded and construction of the offsite drainage conveyance system shall not begin until the necessary offsite easements have been recorded. The developer shall provide a treatment and detention facility for runoff from the remaining portion of the west basin that cannot be conveyed to the east basin due to topographic constraints. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. 2. The [mal plat drawing shall establish Tract A as an open space tract to be owned in common and maintained by property owners of the proposed subdivision. The final plat note shall include provisions, prohibiting removal or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A note shall be included on the [mal plat map that the open space tracts shall not be developed with any buildings, and may not be used for [mancial gain, EXHIBIT C PAGE---L1-0F 3-.3 00-tOO947-DO-SU/o;~~~o7~ Preliminary Plat of Orchid Lane StafTReport to the Hearing Examiner 3. Prior to issuance of construction pennits, a fmallandscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval and shall include the following elements: A Open space landscaping in Tract B; B. Street trees in right-of,way landscape planter strips; c. Significant tree preservation and replacement plan; and D. Visual screening of the storm drainage Tract C from adjacent right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and vegetation comparable to a FWCC Type III buffer shall be provided between the Tract C fence and Iih Avenue right-of-way. 4. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the street improvements identified in staff report Finding of Facts Number 18. 5. Mass clearing and grading of the plat is pennitted for infrastructure construction and lot clearing. However, all of Tract A and approximately Y, of Tract B will remain undisturbed. 6. Non-motorized access Tract F shall be owned and maintained by the homeowners association, as it is an extension off a private access tract. Tracts I and J may be public or private. Maintenance and ownership provisions of these tracts must be identified on the fmal plat. 7, Prior to final engineering plan approval; the applicant shall meet with neighborhood groups to address traffic impacts. The meeting shall address neighborhood concerns pertaining to potential increase in traffic volumes and speeds as result of the development. The intent of the meeting is to develop consensus on traffic calming devices confonning to City requirements to be installed by the applicant prior to recording of Final Plat. Current traffic calming devices used to control volumes and speeds include speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other devices as approved by the Public Works Director. EXHIBIT L PAGE~OF "?> l 00-1O0947.o0-SU / DoclD20>93 Page 17 Preliminary Plat of Orchid Lane Slliff Report to the Hearing Exami"er Xli. LIST OF EXlllBITS 1. Preliminary Plat of Orchid Lane revised 5/23/02; Adjacent Ownership Plan, 2/29/00; Survey, 2/29/00; Significant Tree Survey, revised 9/18/02; Prelinùnary Road and Drainage Plan, revised 5/23/02; Roadway Sections, revised 5/23/02; Preliminaty Wetpond Plan, revised 5/23/02; Preliminary Profile SW 344'" Street, revised 5/23/02; Preliminary Profiles Roads A, B, C, and D, revised 5/23/02; Preliminary Profile 12'" Avenue SW, revised 5/23/02; Preliminary Off-Site Drainage Plan, revised 5/23/02; Off-Site Road Alignment for 12'" Avenue SW 7/14/00; Preliminaty Utility Plan, revised 5/23/02; Preliminaty Off-Site Sanita¡y Sewer Alignment, revised 5/23/02; Preliminary Park and Street Tree Plan, revised 5/23/02; by Barghausen Consulting Engineers Inc. 2. Master Land Use Application 3. Comment Letter on Notice of Application From Sandra Bacik, April 27, 2000 4. City Response to Sandra Bacik July 16,2002 5. SEPA MDNS for Orchid Lane 6. SEP A Checklist for Orchid Lane 7. Final Staff Evaluation for SEPA Checklist, Orchid Lane 8. SEPA Comment Letter From Steven Carpenter, July 15,2002 9. SEP A Comment Letter From BP A, July 12, 2002 10. City Response to Steven Carpenter, July 23, 2002 11. Letter From David Maxwell, Harbour Homes, September 24, 2002 12. Letter From G. Wayne Potter, Barghausen Consulting Engineers, October 9,2002 13. Wetland Evaluation by Terra Associates Inc, March 7, 2000 14. Wetland Addendum by Terra Associates Inc, November 28,2000 15. Wildlife Habitat Evaluation by Terra Associates Inc, March 7, 2000 16. Traffic Impact Analysis by Transportation Planning and Engineering, February 29,2000 17. Letter ITom Transportation Planning and Engineering, May 30, 2001 18. School Access Analysis, March 8, 2000 19. Memo From Geri Walker, Federal Way Public Schools, November 4, 1999 20. Lakehaven Utility District Letter of Sewer Availability, Janua¡y 4,2001 21. Lakehaven Utility District Letter of Water Availability, Janua¡y 4,2001 22. Preliminary Storm Drainage Technical Information Report for Orchid Lane, May 28, 2002 23. Drainage Adjustment 24, Private Access Tract Interpretation, September 30,2002 Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMITTED TO TI-IE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant - Kurt Wilson, Harbour Homes Applicant Agent - G. Wayne Potter, Barghausen Consulting Engineers Inc. EXHIBIT L PAGE-LLOF l.L Preliminary Plat of Orchid Lane Staff Report to the Hearing Examiner OO-IOO947'{)0-SU /DodD2059' Page 18 ns'Oüooo"€Oú',QOON31IOUIO :ilNV7 aIHC>H:O ,,° 0"'"31S010 101 I 1'fld Á"'NI~n3"d .." c0086 'N, WM "'"303" <0£ 3.mS 133"'S 4I9£C K1f1OS mm S31'<QH "OOO"'H .. " ~ 0 Ñ ffi ~L c 20 3 ~ ~~ 5 >4~~ ;~S §~ 5 :x:: ~. ~ C,) ~ ~ j~H g 0 ~ c 0 is c 2 " ";:~~"=:,,::i'::: '" ill' L ill' § " ¡ ,; " ;", . !¡ ¡i,!; !H ¡ii¡¡. 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Ii! c' ~",~.,,'-;,c.'.'.'o ~. é_~:~, Ii ..' '~¡ .. ..,:! ¡-J:' ë¡ ~~c~); i: / \ ~..;i 'I. ~i¡ :) 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF ORCHID LANE, FEDERAL WAY FILE NO. 00-100947-00-SU. WHEREAS, the applicant Harbour Homes by Genereco Inc., applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Orchid Lane and consisting of 15.9 acres into fifty (50) single family residential lots located north and west of the intersection ofSW 344" Street and 12" Avenue SW; and WHEREAS, on July 3,2002, an Environmental Mitigated Determination of Non significance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, no appeals on the MONS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Land Use Hearing Examiner on October 22, 2002, held a public hearing concerning the Orchid Lane preliminary plat; and WHEREAS, following the conclusion of said hearing, on November 1, 2002, the Federal Way Land Use Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Orchid Lane subject to conditions set forth therein; and WHEREAS, the Federal Way Land Use Hearing Examiner on November 7, 2002, issued a revision to condition number five of the November 1,2002, Report and Recommendation; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and EXHIBIT 0 PAGE-l-OF ~ Res#_.PageJ File #OO-1O0947-00-SU / Do< 1020921 WHEREAS, on November 18,2002, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Orchid Lane preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Orchid Lane preliminary plat to the full City Council, with the following minor modification to the Hearing Examiner recommendation: "Prior to final plat approval, the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the City for implementation of traffic calming devices to mitigate project impacts"; and WHEREAS, on December 3,2002, the City Council considered the record and the Hearing Examiner and Land Use and Transportation Committee recommendations on the Orchid Lane preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE ClTY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's November I, 2002, Report and Recommendation, and November 7, 2002, revision attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted as the findings and conclusions ofthe Federal Way City Council, except the third paragraph of Hearing Examiner Finding #21 is deleted and replaced with Finding #19 of the October 22,2002, Orchid Lane preliminary plat staff report. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ~lmJ~uPPlies, sanitary Res#_,Page2 PAGELO~~7'OO-SU/Do'ID209" waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein, except as modified herein, as adopted by the City Council, the preliminary plat of Orchid Lane, Federal Way File No. 00-100947-00-SU, is hereby approved, subject to conditions as contained in the November I, 2002, Report and Recommendation of the Federal Way Land Use Hearing Examiner, November 7, 2002, Hearing Examiner revision to condition number five (Exhibits A and B), and subject to the following condition: "Prior to final plat approval, the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the city for implementation of traffic calming devices to mitigate project impacts." Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare, and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of comp1!XfifSrTsuch inØtity or unconstitutionality Res#_, Page 3 PAGE~OF ~00947-00-SU/Do<lD2092J 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 the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS_DAY OF .2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED AS TO FORM: CITY ATTORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: EXHIBIT ----D- PAGEl.OF ~ RESOLUTION No. Res # -' Page 4 File#OO-IOO947-00-SU I Doc ID2092t MEETING DATE: December 3, 2002 ITEM# ~. (jJ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Nautilus Neighborhood Traffic Safety (NTS) Project CATEGORY: BUDGET IMPACT: r8J CONSENT D RESOLUTION D CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memo to Land UselTransportation Committee dated November 12, 2002. SUMMARY /BACKGROUND: Residents in the vicinity of 8th Avenue S between S 3 12th Street and S 304th Street have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds. Currently, adopted NTS installation criteria are based on a point system as follows: Points PDO Injury Average Daily 85th Percentile Speed AccidentsN ear AccidentsNear Traffic (mph in either direction) (5-year history) (5-year history) (two-way total) 0.5 0.3-0.5 0.1 500-1100 26-29 1.0 0.5-0.7 0.2 1101-1700 29.1-32 1.5 0.7-0.9 0.3 1701-2300 32.1-35 2.0 0.9-1.1 0.4 2301-2900 35.1-38 2.5 1.1-1.3 0.5 2901-3500 38.1-41 3.0 More than 1.3 More than 0.5 More than 3500 More than 41 Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study indicated that the subject location would receIve 3.0 points for property damage only accident, 2.0 points for injury accidents, 1.5 point for traffic volume, and 1.5 points for traffic speed. Therefore, the total number of points is 8.0, which meets the 3.0-point minimum to qualify for traffic calming devices installation. On October 23, 2002 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might be effective in reducing speed within the neighborhood. After discussion between the neighborhood residents and staff, and in order to mitigate the identified problems in the neighborhood, a consensus was reached to propose the installation of two speed humps and one speed table on gth Avenue S between S 312'h Street and S 304th Street, and one speed hump on S 30g'h Street just east of gth Ave S. Based on the latest NTS policy revision, if a project reaches 6 or more points, the balloting process may be bypassed. The consensus of those attending the neighborhood meeting was to exercise that right to expedite the installation of the proposed traffic calming devices. CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 12, 2002 meeting, the Land Use/Transportation Committee recommended approving the installation of two speed humps and one speed table on g"' Avenue S between S 312th Street and S 304th Street, and one speed hump on S 30g'h Street just east of gth A venue S. PROPOSED MOTION: "I move approval ofthe installation oftwo speed humps and one speed table on g'h Avenue S between S 312'h Street and S 304th Street, and one speed hump on S 308'h Street just east of 8'h Avenue S." .~~~~,. ~ ~~~~~.~... ~ ~ ~ ~~~~: ..fi:l~~ =£~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED-O5/10/2001 ~ CITY OF ~ Federal Way DATE: November 12,2002 TO: Eric Faison, Chair Land Use / Transportation Committee Rick Perez, City Traffic Engineer ~ David H. ~nager Nautilus Neighborhood Traffic Safety (NTS) Project FROM: VIA: SUBJECT: BACKGROUND Residents in the vicinity of 8th A venue S between S 312tb Street and S 304th Street have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds. Currently, adopted NTS installation criteria are based on a point system as follows: Points PDO AccidentsNear Injury AccidentsNear Average Daily Traffic 85th Percentile Speed (5-year history) (5-year history) (two-way total) (mph in either direction) 0.5 0.3-0.5 0.1 500-1100 26-29 1.0 0.5-0.7 0.2 1101-1700 29.1-32 1.5 0.7-0.9 0.3 1701-2300 32.1-35 2.0 0.9-1.1 0.4 2301-2900 35.1-38 2.5 1.1-1.3 0.5 2901-3500 38.1-41 3.0 More than 1.3 More than 0.5 More than 3500 More than 41 Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study indicated that the subject location would receive 3.0 points for property damage only accident, 2.0 points for injury accidents, 1.5 point for traffic volume, and 1.5 points for traffic speed. Therefore, the total number of points is 8.0, which meets the 3.0-point minimum to qualify for traffic calming devices installation. On October 23, 2002 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might be effective in reducing speed within the neighborhood. After discussion between the neighborhood residents and staff, and in order to mitigate the identified problems in the neighborhood, a consensus was reached to propose the installation of two speed humps and one speed table on 8th Avenue S between S 312th Street and S 304th Street, and one speed hump on S 308th Street just east of 8th Ave S. Based on the latest NTS policy revision, if a project reaches 6 or more points, the balloting process may be bypassed. The consensus of those attending the neighborhood meeting was to exercise that right to expedite the installation of the proposed traffic calming devices. RECOMMENDA nON Staff recommends placing the following item on the December 3, 2002 Council Consent Agenda: Approve the installation oftwo speed humps and one speed table on 8th A venue S between S 312th Street and S 304th Street, and one speed hump on S 308th Street just east of 8th Ave S. RP/RT:d1 '""tc\2002lnautilu, nts ,8,308.doo MEETING DATE: December 3, 2002 ITEM# ~) ---,_._-_._------------,._.,---,-,----_._--_..,-,._--------.-.-----'-----....-,.,.,.-...--.,---,.-.-..-.,.-..,..-..,........ .,.,... . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Overtime Grant Funding for "Drive Hammered-Get Nailed" Campaign CATEGORY: BUDGET IMPACT: ¡g¡ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt,; Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum from Chief Kirkpatrick to the Parks, Recreation, Human Services and Public Safety regarding the Grant Funding for "Drive Hammered-Get Nailed" DUr enforcement. ----.-------.-,.---,-,-----,-.,-....,.------,-...-.,.,-.--..-. .,... ..,-,.,_._.,-,._,._-,._-,-,._-,...__.,.,-,_.,._.u. ,.,._------",--,_....- SUMMARYIBACKGROUND: The Washington Traffic Safety Commission (WTSC) is offering overtime grant funding for DUI and seat belt enforcement for the Holiday Season. The goal of this program is to save lives and prevent serious injuries on Washington's roadways by increasing the seat belt usage rate and decreasing the number of DUI drivers. The targeted enforcement activity will begin November 18 and extend through December I, 2002. The WTSC will also promote the activity and attempt to educate motorist by purchasirÌg media spots. All state, county, and local law enforcement agencies are eligible and encouraged to participate in this project. The funding availability is on a first-come basis based on agency size and the number of fun-time commissioned personnel. The Federal Way Police Department has made a request to participate in the project and requesting a grant amount of $8,000. CITY COUNCIL COMMITTEE RECOMMENDATION: At the November 12, 2002 meeting, the Parks, Recreation, Human Services and Public Safety reconunended that the prosposed grant funding be forwarded to the City Council for consideration at the December 3, 2002 meeting. -------.--.--.---------------,-,--,...--.,.-.-.,.,. ...,--,.--.,....-----,--..-.-----. ---,,-_._,---,_....,--,_., ,.,--,...-,.-.- PROPOSED MOTION: r move to approve the acceptance of the grant funding for Dur emphasis patrol campaign. ~~~~::~~~~:;;~~~~~:-1J~~ ' (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1sT reading Enactment reading 0 MOVED TO SECOND READING (ordinances onty) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 SoD City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: November 12,2002 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Anne Kirkpatrick, Chief of POliC~1 [-;;e - David MO~anager DUI/Seat Belt Overtime Funding for the "Drive Hammered-Get Nailed" Campaign Via: Subject: Back!!round: The Washington Traffic Safety Commission (WTSC) is offering overtime grant funding for DUI and seat belt enforcement for the Holiday Season. The goal of this program is to save lives and prevent serious injuries on Washington's roadways by increasing the seat belt usage rate and to decrease the number ofDUI drivers. The targeted emphasis enforcement activity will begin November 18 and extend through December 1,2002. The WTSC will also promote the activity and attempt to educate motorist by purchasing media spots. All state, county, and local law enforcement agencies are eligible and encouraged to participate in this project. The funding availability is on a first-come basis based on agency size and the number offull-time commissioned personnel as follows: # of Commissioned Officers 1-10 11-50 51-100 101+ May request funding UP to: $ 2,000 $ 3,000 $ 5,000 $ 8,000 The Federal Way Police Department has made a request to participate in the project. Start-up Costs: There are no costs to the City and no matching funds are needed to accept the grant. Committee Recommendation: Motion to approve to accept the funds from the Washington Traffic Safety Commission in the amount $8,000. The additional enforcement will increase the safety of our citizens by increasing seat belt usage and removing intoxicated drivers off of our streets. f'o,-we",.J to ~v.,.,;~ \ """ D~-be.r 3 ¡ LÞc. '2- , APPROVAL OF COMMITTEE REPORT: p~~ Cotnmi ee Member Committee Member ~--\ MEETING DATE: December 3, 2002 ITEM# :JT ~J CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Capital One Services, Inc., - Donation CATEGORY: BUDGET IMPACT: I:8J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt,: Contingency Req'd: $0 $0 $0 A TT ACHMENTS: Parks, Recreation, Human Services & Public Safety Council Committee Memo on the Capital One Services, Inc., Donation. SUMMARYIBACKGROUND: The Capital One Services Company has made donations to the various communities where their offices are located and to law enforcement agencies around the country. On October 22, 2002, the Federal Way Police Department was awarded a donation of two Sony digJtal cameras from the Capital One Services Company located here in Federal Way. These two cameras were awarded to the Criminal Investigations Section of the Police Department to be used by Detectives and Police Support Officers at major crime scenes. Commander Stan McCall and Lieutenant Connie Shupp accepted this generous donation on October 22, 2002 at the Capital One Services center at 32275 32nd Avenue South Federal Way. This donation has a total value of$I,020.48. This donation of digital cameras can be used to augment specific and necessary equipment wJthin the Criminal Investigations Section and can help investigators facilJtate major crime scene processing operations. CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize the Public Safety Department to accept the donation of two Sony digital cameras (equal to $1,020.48 dollars) from the Capital One Services company to be used by the Criminal Investigations Section. PROPOSED MOTION: I move approval of Capital One Services, Inc., Donation Award. CITY MANAGER APPROVAL: ~?v..~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: I:8J APPROVED 0 DENIED COUNCIL BILL # I ST reading D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 5.C City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: November 12, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of polict:::'?('"~1 C- David ~anger Capital One Services, Inc., Donation to Federal Way Police Department From: Via: Subject: Back!!round: The Capital One Services Company has made donations to the various communities where their offices are located and to law enforcement agencies around the country. On October 22, 2002, the Federal Way Police Department was awarded a donation of two Sony digital cameras from the Capital One Services Company located here in Federal Way. These two cameras were awarded to the Criminal Investigations Section ofthe Police Department to be used by Detectives and Police Support Officers at major crime scenes. Commander Stan McCall and Lieutenant Connie Shupp accepted this generous donation on October 22, 2002 at the Capital One Services center at 32275 32nd Avenue South Federal Way. This proposal is being submitted to authorize the Federal Way Police Department to accept this generous donation from Capital One. It is our good fortune to have fostered a positive and close partnership with Capital One Services, Inc. Our Police Department has enjoyed the professionalism of this company and particularly the dedication of their security employees. These digital cameras can allow our Public Safety Department 10 further meet the needs of our community. This donation has a total value of $1,020.48. This donation of digital cameras can be used to augment specific and necessary equipment within the Criminal Investigations Section and can help investigators facilitate major crime scene processing operations. Costs: There are no costs to the city for receiving this donation. These donated cameras are consistent and compatible with the police department's existing photography equipment. Committee Recommendation: Motion to approve the acceptance of this donation of cameras from the Capital One Services Company and forward to Council on N~¡'~ujbçj 19,2002. \1.:c....--..h<.-"':,. ZDÛ 2.. APPROY AL OF COMMITTEE REPORT: . c ~ rytZ-w dð.k CMDmittee Member Committee Member L-\ MEETING DATE: December 3, 2002 ITEM# VT CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: RESIDENTIAL TARGETED AREA FOR MUL TIF AMIL Y TAX EXEMPTION CATEGORY: BUDGET IMPACT: x CONSENT RESOLUTION CITY COUNCIL BUSINESS ORDINANCE X PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft proposed Resolution to designate the residential targeted area; Staff Memo to LUTC, dated 10116/02; Staff Memo to LUTC, dated 9112/01; Resolution No. 02-374 regarding intent to designate residential targeted area SUMMARYIBACKGROUND: On September 17,2001 The Land Use and Transportation Committee discussed a potential limited tax exemption for multifamily housing in the City Center, pursuant to RCW 84.14.005. At that time the Committee recommended to City Council to pass a resolution of intent to designate the "residential targeted area" in the City Center Core and Frame zones (see Exhibit I, "Residential Targeted Area" attached to 9112/01 Staff Memo) and to hold a public hearing. The Staff Memo to LUTC, dated September 12,2001, is attached for reference. On November 6, 200 I the City Council held the public hearing to consider public comment on designating the City Center Core and Frame zones as a "residential targeted area." Comments were received from nine members of the public, expressing comments both in favor and against the measure (see 10/16/02 Memo to LUTC for details). No action was taken by City Council at this meeting. Since that time Staff has met with the Fire and School Districts, as well as King County Libraries staff, and has researched several issues raised by the public and Councilmembers regarding potential impacts to these jurisdictions. The results of this research can be summarized as follows (see 10116/02 Memo to LUTC for details): Schools: City Center mixed-use/multifamily buildings are anticipated to generate fewer students per unit than multifamily complexes in the neighborhoods. Even with the limited tax exemption, substantial tax revenues to the School District would accrue from the increased land values and the value ofthe first-floor commercial improvements in mixed-use buildings. As a result, tax revenues per student from the City Center residential buildings during the 10-year exemption period are expected to be equal to or even possibly greater than from neighborhood buildings. In short, there should be low demand for Schools services during the exemption period, with revenue still accruing to the District. Fire: Similar mixed-use/multifamily buildings in very urbanized settings in Seattle have seen very little demand for emergency and Fire service during their first ten years. In short, during the exemption period, new mixed-use multifamily buildings in the City Center would likely result in low demand for Fire District services, with revenue still accruing to the District. In summary, Staff research concluded that direct service and financial impacts of this limited tax exemption proposal to the School and Fire Districts should be minimal during the ten-year exemption period. In fact, it is possible that financial impacts to the School District will be positive even during the exemption period. Of course, after the ten-year exemption, substantial new tax revenue would accrue to these jurisdictions, as well as to the City. Last November City Council did not adopt the above-mentioned resolution of intent to designate the City Center Core and Frame zones as a "residential targeted area" for the purposes of potentially applying the limited tax exemption for multifamily housing because the City's official newspaper did not publish the State-required notice for two weeks' running, as stipulated, and because City Councilmembers had raised numerous issues for Staff to research, as detailed above. Official notice has now been given as per State requirements for the December 3, 2002 public hearing. After the public hearing City Council may proceed to designate the "residential targeted area" and request that Staff return to FEDRAC and City Council in the near future with the necessary code provisions to enact the limited housing tax exemption for multifamily housing. CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC recommended approval of the "residential targeted area." PROPOSED MOTION: "I move approval of the resolution adopting a 'residential targeted area,' encompassing the areas currently zoned City Center Core and Frame, for limited property tax exemption for multifamily development and directing Staff to draft the necessary code provisions to be reviewed and considered by FEDRAC and City Council." ~~~~~~:~~~:;;~~~:¡:-ft¿J!1/;7t::i;c ... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 0 0 0 APPROVED DENIED TABLEDillEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 DRAFT ¡I/~&/o).. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REGARDING DESIGNATION OF A RESIDENTIAL TARGETED AREA, ENCOMPASSING THE AREAS CURRENTLY ZONED CITY CENTER CORE AND FRAME, FOR LIMITED TAX EXEMPTION FOR MULTIFAMILY DEVELOPMENT. WHEREAS, in 1995 the Washington State Legislature adopted Chapter 84,14 RCW, to encourage increased residential opportunities in cities required to plan under the Growth Management Act, by providing for special property tax valuations for eligible multifamily housing in targeted urban, residential areas; and WHEREAS, Chapter 84.14 further authorized cities with a population of at least fifty thousand to adopt procedures to implement the special property tax valuations; and WHEREAS, in 1998 the Federal Way City Council adopted the Federal Way Comprehensive Plan, to implement the planning requirements of the Growth Management Act, RCW 36.70A; and WHEREAS, the Comprehensive Plan designates City Center Core ("CC-C") and City Center Frame ("CC-F") areas, to "redevelop the City Center and create a compact urban community and vibrant center of activity," with the crux of the strategy being the promotion of "a compact urban center with connections between where we live, work and recreate,"; and WHEREAS, the Comprehensive Plan contains goals (CCP9 and 10) encouraging the City to "provide incentives to encourage residential development in City Center, core/frame areas", Res. #-----' Page 1 and to "Revise land use regulations to allow the frame area to accommodate higher density residential uses accompanied by residentially oriented retail and services uses"; and WHEREAS, the City Council desires to consider whether to adopt a residential targeted area in which property tax exemptions may be granted for construction of qualifying multi- family housing; and WHEREAS, RCW 84.14.040(2) provides that the City Council may adopt a resolution of intention to so designate a residential targeted area, and that the resolution must state the time and place of a hearing to be held by the City Council to consider the'designation of such an area; and WHEREAS, the City Council adopted a resolution of intention to designate a residential targeted area on November 5, 2002 and set the public hearing for December 3, 2002; and WHEREAS, the City has provided official notice of this hearing in the Federal Way Mirror on November 16 and 20, 2002, in compliance with the requirements of RCW 84.14,040(3); and WHEREAS, the City Council has heard and considered public comment regarding the designation of a residentially targeted area for the purposes of applying a limited property tax exemption for multifamily housing in the City Center Core and Frame zones at the November 6, 2001 and December 3, 2002 public hearings; Res. #-----' Page 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to RCW 84.14, the City Council designates the area of the Federal Way City Center currently zoned City Center Core and Frame (see map, Exhibit I) as a residential targeted area for the purposes oflimited tax exemption for new multifamily development. Section 2. The City Council directs City staff to draft the corresponding implementing ordinance(s) and/or procedures and present them for consideration by the Finance, Economic Development and Regional Affairs Committee. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this_day of ,2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE Res. #-----' Page 3 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k: \rese \ taxdesigrese Res. #-----' Page 4 '~xhibit 1 Residential Targeted Area Legend: IV Residential Targeted Area M~ Date: September. 2001. Prepa'OO by: atv of Federal Way. GIS DMsIon I 0 500 1.000 Feet i I I I t I : ...= ;, IED~ . . ..Dfii!!óiI; . . . o-,"'r" . .,"'..,<; ( ~ i=ëderal Way DATE: TO: FROM: VIA: October 16, 2002 Eric Faison, Chair Land Use and Transportation Committee Patrick Dohe~puty Director for Economic Development, Community Development Services Department David H. M~ager Tax Exemption Program/or Multifamily in City Center SUBJECT: BACKGROUND On September 17, 2001 The Land Use and Transportation Committee discussed a potential limited tax exemption for multifamily housing in the City Center, pursuant to RCW 84.14.005. At that time the Committee recommended to City Council to pass a resolution of intent to designate the "residential targeted area" in the City Center Core and Frame zones and to hold a public hearing, The Staff memo to LUTC, dated September 12, 200 I, is attached for reference. ( On November 6, 2001 the City Council held the public hearing to consider public comment on designating the City Center Core and Frame zones as a "residential targeted area." Comments were received from nine members of the public. Those who spoke in favor of the proposal offered the following comments: . a redevelopment tool that Federal Way should adopt to remain competitive with nearby communities; . this is a tool that costs very little and can yield a lot of result, and is one of the few tools available to encourage City Center redevelopment; this tool fosters GMA-mandated growth and will help lead to more transit-dependent development; this program could be a "kick-start" to getting more City Center development to occur . . Those who spoke against the proposal offered the following comments: . concerns over increased demand for service to schools, libraries and fire district without full increase in property taxes; taxes seem to go up for everyone else, why should some developers in the City Center have to pay less? maybe encouraging more residential at this time in the City Center's development is misguided; shouldn't residential development follow stronger redevelopment in the office and retaiVservice sectors? need to make sure that the multifamily buildings be of substantial, attractive construction, . . Memo to LUTC on Housing Tax Exemption Page20f2 proper companions to class-A office buildings, etc. ( In addition, City Councilmembers also raised questions about the demand for services for schools, libraries and the Fire District and expressed their desire for Staff to work with these jurisdictions to address and/or incorporate their concerns, where possible. Since last Fall, Staff has conduCted a great deal of research pursuant to the Councilmembers' requests and the concerns expressed at last November's public hearing. A summary of Staffs findings is presented below related to each of the three affected districts: School District In order best to estimate the potential demand for school services arising ITom new multifamily buildings in the City Center, Staff made visits to two other redeveloping suburban city centers: Bellevue and Renton. Each of these city centers contains new mixed-use and multifamily buildings of a very similar character to those we would expect in Federal Way. A total of 11 buildings were directly surveyed, with building managers queried as to the numbers of school-aged children residing in each building. The results of this research indicated an average of 0.052 school-aged children per unit. Next a comparison was made with the City-wide average student-generation factor (used in the 2001 Federal Way Schools Capital Facilities Plan) of 0.1783 students per unit. It clear, therefore, that the newer, more urban, "city center"-type multifamily and mixed-use developments generate substantially fewer students than the existing, neighborhood buildings. Secondly an estimate was made of the potential tax revenue generated by a city center mixed-use buildings (multifamily development in the City Center would most likely take the form of mixed-use buildings, given zoning code standards), under the limited tax exemption scenario. The following table summarizes those estimates: ( Sample City Center Mixed-Use Building Balance Sheet under Tax Exemption Taxes are expressed per annum Tax rates are for 2002 0 Based on several new mu1tifami1y/mixed,use buildings in Bellevue and Renton and converted to average per.unit costs of$81,885. Based on 10,000 sq ft commercial-space. Existing values in City Center at approx. $IM. To be conservative and accounting for unknown market for small new spaces like this, pulled back to S500,000 value. Based on actual multifamily approx tOO-un; building in City Center -Sample Residtl Comrcl Sample Total Property Property Non- Building Imrpv. Improv. Land Property Tax on Tax on Exempt Value* Value** Value*** Tax ComrcI Land Tax Improy. Subtotal 100 units $8,188,500 $500,000 $1,129,500 $122,341 $6225 $14,062 $20,287 wI I" fir School: School: School: School: comrcl $40,842 $2,080 $4,699 $6,779 As one can see in this hypothetical case, a total of$IOl,947 ($34,064 for School District) per year of potential tax revenue would be exempted for ten years, while a total of $20,287 ($6779 for School District) per year would be generated by the increased land value and commercial improvement value. ( This should be compared with the tax revenue balance sheet for a sample multifamily building in the Memo to LUTC on Housing Tax Exemplion Page 3 of3 ( neighborhoods: Sample Neighborhood Multifamily Building Balance Sheet 100 units $3,985,700 $0 $1,019,600 $62,316 School: $20,822 N/A Non- Exempt Property Tax on Land $12,694 School: $4,241 Sample Building Residtl Imrpv. Value* Comrcl Improv. Value** Sample Land Value*** Total Property Property Tax on Tax Comrcl Improv. Taxes are expressed per annum Tax rates are for 2002 . Based on average of several existing multifamily buildings' assessed valuation in FW neighborhoods, converted to per-unit value of$39,857. This figure is lower than the Sample City Center figure due to the older age of existing MF buildings. Based on average of several existing multifamily buildings' assessed land valuation in FW neighborhoods, converted to per-unit value 0[$10,196. .. As can be seen in these tables, it is clear that new City Center multifamily buildings would have both a higher assessed improvement value and land value (plus they would likely include some commercial space with an additional, taxable improvement valùe) than the existing multifamily developments in the neighborhoods and would likely generate greater tax revenues even during the exemption period. ( With the lower average number of students expected in City Center buildings, compared with the average number of students seen City-wide in existing multifamily developments, together with the above-cited tax revenue information, we can summarize the potential financial impact to the School District of this tax exemption proposal: Sample tOO-Unit Bldg School Tax Revenue No. of Students Tax Revenue per Generated Generated Student Neighborhood $20,822 18 $1156.78 City Center $6,779 5 $1355.80 What we see is that existing neighborhood multifamily developments, with higher numbers of students and lower taxable assessed improvement and land values, generate less tax revenue per student than new City Center multifamily/mixed-use buildings would likely generate. This is due to new City Center buildings generating fewer students and having higher assessed land values, plus a commercial component, even though the substantial residential improvement value would be exempt. Fire District As with the School District-related research, Staff researched the service demands associated with new multifamily buildings in urbanized settings in other nearby communities. In this case, however, the newer mixed-use and multifamily developments in other suburban city centers, such as Bellevue and Renton, did not provide a fair source for analysis because these developments were too new, For this reason, Staff identified approximately a dozen 5- to 10-year-old mixed-use/multifamily buildings in Seattle and called the individual Fire Stations where the buildings are located. Due to the vagaries of data collection among Stations, not all Fire Station personnel could access records by address. However, between those personnel who could provide records by address and those who knew their Memo to LUTC on Housing Tax Exemption Page 4 of 4 Station areas well enough to provide reliable anecdotal information, an adequate generalization could be drawn. In short, Fire ,Station personnel across Seattle could either verify or reliably opine that these newer mixed-use/multifamily buildings, and others like them, do not present a demand for fire or emergency services as high as do older multifamily buildings. They did note, however, that some new buildings, at initial occupancy can have a flurry of false-alanns as fire detection systems are being installed and wiring or testing mistakes occur. ( It is difficult to explain this incidence of lower demand reliably, but it is likely due to two things: I) new buildings have a certain "sheIfIife" during which the new construction and building systems may be relied upon without significant failure; and 2) the socioeconomic characteristics of the majority of the occupants of these newer buildings. Given that newer buildings usually command the highest rents, occupants are usually professional singles or couples, as well as recent empty-nesters, with few if any children (as seen in the research mentioned above regarding the numbers of school children). These socioeconomic cohorts usually exhibit a lower percentage of smokers, usually rely less on space heaters, and usually are less prone to fire-inducing accidents that might arise from the sight-impaired, the elderly or children. In addition, medical-related emergencies are usually less among these populations for a variety of reasons, In summary, while there is no guarantee that new mixed-use/multifamily buildings in the City Center would generate no demand for fire or emergency services during the first ttm years of occupancy, it is likely that this demand will be markedly less during this period than later in the building's life. Therefore, although during the initial ten years less tax revenue would accrue to the Fire District, this is the period when a substantially lower demand for services is expected. Then, as the building passes its ten-year mark, full tax revenue would accrue to the Fire District to cover any natural increase in demands for its services. ( Libraries City Staff met with representatives of the King County Library System to discuss the proposal and learn about their concerns. In the case of demand for library services, there was no empirical or anecdotal information that would suggest that residents of City Center mixed-use/multifamily buildings would create lower demand. The Library System representatives recognized this, but stated their impression that this proposal is intended to increase the density and mix of development in the City Center, which would eventually substantially raise the assessed value and therefore tax revenue. Summary In summary, Staff research concluded that direct service and financial impacts of this limited tax exemption proposal to the School and Fire Districts should be minimal during the ten-year exemption period, In fact, it is possible that financial impacts to the School District will be positive even during the exemption period. Of course, after the ten year exemption, substantial new tax revenue would accrue to these jurisdictions, as well as to the City. This points up an important consequence of this proposal. While the immediate goal of the tax exemption proposal is to spur new residential and mixed-use development in the City Center, in fulfillment of numerous Comprehensive Plan goals and GMA mandates, an important secondary consequence is a much needed increase in the assessed valuation of the City's commercial sector. For the period 199 I -2000 the average King County residential assessed valuation rose an average of 172.4%, while the commercial sector only rose 79.7%. These figures are representative of Federal Way, as well. It is obvious that further growth in the commercial assessed value would be very Memo to LUTC on Housing Tax Exemption Page 5 of 5 ( desirable and would help start to shift the bulk of the property tax burden ITom the residential sector to the commercial sector. Lastly on October 15,2002 the City Council voted to folWard this proposal back to LUTC for further discussion prior to proceeding back to City Council for action. . RECOMMENDA nON Due to a mix-up with the City's official newspaper last year, the November 6, 2001 public hearing did not receive the RCW-required published notice for two consecutive weeks. For this reason, the City Council must hold a new public hearing on the intent to designate the "residential targeted area," as well as the proposal in general prior to designating the "residential targeted area" and taking any further action on tax exemption proposaL For these reasons, Staff recommends that the LUTC recommend that the City Council pass a new resolution of intent to designate the City Center Core and Frame zones as a "residential targeted area" for purposes of potential application of the limited tax exemption for multifamily housing and set a new public hearing at a subsequent City Council meeting. (Draft Resolution attached.) Barring significant new testimony or evidence to 'the contrary, Staff recommends that LUTC recommend a subsequent approval of the "residential targeted area" after the public hearing. ( After such approval, the corresponding code provisions will be folWarded to LUTC for review and recommendation to City CounciL Attachments: Draft Resolution Staff Memo to LUTC 9/12/01 K:\patrickd\memo to LUTC re housing tax exemption 10-15 CITYHALL 33530 1st Way South PÙBox9718 . ( (253) 661-4000 Federal Way, WA 98063-9718 DATE: September 12, 2001 TO: Dean McColgan, Chair Land Use / Transportation Committee Patrick DOh~uty Director for Economic Development, Communi~~;:nent Services Department David M~ager Tax Exemption Program for Multifamily Development FROM: VIA: SUBJECT: BACKGROUND ( State Legislation In 1995 the Washington State Legislature enacted RCW 84.14.005 that authorizes local governments to allow a property tax exemption for ten years to those who rehabilitate, convert, or build new housing units in designated urban centers to encourage the development of additional multifamily housing. This program is designed to make housing projects more appealing to investors by freeing up capital and reducing operating costs. The original provisions were only applicable to cities of greater than 150,000 inhabitants or to the largest city in each county, irrespective of its population. In Spring of 200 1 the Legislature amended the law to include municipalities of greater than 50,000 inhabitants, thanks in part to the lobbying efforts of the City of Federal Way and other affected cities around the State. The law allows other financing sources, such as the Washington State Housing Trust Fund and the Washington State Low-Income Housing Tax Credits, to be used with this program. All projects must meet the requirements of the land use and building pennit processes, as well as any other specific requirements a municipality may wish to impose. "Urban centers," as defined in the state enabling legislation are those areas meeting the following provisions: Multifamily Tax Exemption Ordinance Page 2 of 4 ( ". ..a compact identifiable district where urban residents may obtain a variety of products and services, An urban center must contain: ' (c) several existing or previous, or both, business establishments that may include bufare not limited to shops, offices, banks, restaurants, governmental agencies; adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and a mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use. (a) (b) Although the City of Federal Comprehensive Plan designates only the City Center Core as an "urban center," the entirety of the larger City Center area, including the City Center Frame, qualifies for an "urban center" designation, pursuant to this particular tax exemption legislation. Therefore, this proposed ordinance defines the "urban center" as both the City Center Core and Frame zones. In addition, if an area qualifies as an "urban center" under these provisions, the qualifying municipalities may designate "residential targeted" areas in said urban centers for the purposes of tax exemption for multifamily housing. Other Municipalities' Participation ( Since 1995 several cities have availed themselves of this legislation, starting with the City of Tacoma that pioneered the program. That city acted immediately after the December 1995 State Legislature action and adopted its program in early 1996, including designation of 14 residential targeted areas throughout the city. Since that time 28 projects have been approved for participation in the program, totaling approximately 1600 units in Tacoma's Downtown and neighborhoods. The City of Seattle followed suit, with its ordinance approved in 1998 and the designation of II residential targeted areas. Since that time 13 development projects have been approved for participation in the program, for a total of284 dwelling units. The City of Spokane enacted its program in Spring of this year, with one residential targeted area encompassing the downtown and near-downtown areas to the north and west. Only one project has yet participated. Of the smaller cities, yet lärgest in their counties, the City of Bellingham enacted its program in the downtown area in 1999 and has approved two projects for a total of 66 units and its City Council is considering a new project this month for 24 additional units. The Cities of Olympia, Everett and Vancouver enacted their ordinance in 1998. Several multifamily projects have been approved among those cities. This year, with the Legislature's change to allow other cities of greater than 50,000 population to participate in this program, two additional mid-size municipalities have Multifamily Tax Exemption Ordinance Page 3 of 4 added such ordinances, including the cities of Renton and Kent in King County. The Renton City Council just adopted its ordinance earlier this month and expects that two new multifamily projects in the downtown area will take advantage of its provisions, ( Examples of Tax Savings Two projects approved in Seattle, but calculated at Federal Way property tax rates ($13.04 per $1000 improvement value; City portion = $1.41 per 1000), can be used as examples of the tax savings that could be available to encourage multifamily developments in the City Center. Example #1 65-unit project, improvement value $6,800,000 = $88,672 yearly tax savings ($9,588 City portion) Example #2 76-unit project, improvement value $5,750,000 = $74,980 yearly tax savings ($8107.50 City portion) SUMMARY OF PROVISIONS ( In accordance with the State enabling statute (RCW 84.14.005), the proposed property tax exemption program for multifamily housing is intended to stimulate new multifamily construction, and community and economic development in Federal Way's City Center, furthering the City Center Vision in the Compreheusive Plan and the State Growth Management Act. When a program is approved under this program, the value (as detennined by the King County Assessor) of eligible multifamily housing improvements in exempted from property taxes for ten years, starting January I st of the year following issuance by the City of the final certificate of tax exemption. Land, existing improvements and nonresidential improvements are not exempt. The tax exemption is transferable to new property owners. To be granted the exemption, a property owner must apply to the City of Federal Way Department of Community Development Services. Generally, projects must be: . Located in the City Center Core and City Center Frame zones; and . A multifamily or mixed-use project with four (4) or more housing units; Projects must comply with all zoning, land use and building codes and any other regulations in effect at the time of construction. ( Multifamily Tax Exemption Ordinance Page 4 of 4 ( The property owner must enter in to a contractual agreement with the City regarding the temis and conditions of project approval, including timing of construction and any other pennitting requirements, Generally projects must be completed within three (3) years of the exemption being granted, although provisions for extension of that time limit are proposed. Additionally the owner must submit an annual report and certification of compliance with the tenus of the contract and with other program requirements. Property owners who fail to comply with the contractual obligations mentioned above may have their tax exemption certificate revoked and would owe taxes, interest and penalties, per State law. RECOMMENDATION Staff requests the Committee recommend to the City Council passage of the resolution of intent to designate a "residential target area" and approval of the proposed tax exemption ordinance and designation of the City Center Core and City Center Frame zone as a "residential targeted area," as depicted on Exhibit L c ~"'~;;:(~~~'". ..",),,';~~&d"\~.... . .'..."'i ~ f::Xhïbit 1 Residential Targeted Area ( legend: IV Residential Targeted Area ~ Dale: September. 2001. Prepa-ed by. OtVofFedéni/Way, GIg DMs/oi¡ , 0 500 L I I 1,000 Feet I - -'---~-----c-~-----~---"--_.,--,--,-- ~ERAt...- . . ~...- ( r p~ RESOLUTION NO. 02-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REGARDING INTENT TO DESIGNATE OF A RESIDENTIAL TARGETED AREA, ENCOMPASSING THE AREAS CURRENTLY ZONED CITY CENTER CORE AND FRAME, FOR LIMITED TAX EXEMPTION FOR MUL TIF AMIL Y DEVELOPMENT. WHEREAS, in 1995 the Washington State Legislature adopted Chapter 84.14 RCW, to encourage increased residential opportunities in cities required to plan under the Growth Management Act, by providing for special property tax valuations for eligible multifamily housing in targeted urban, residential areas; and WHEREAS, Chapter 84,14 further authorized cities with a population of at least fifty thousand to adopt procedures to implement the special property tax valuations; and WHEREAS, in 1998 the Federal Way City Council adopted the Federal Way Comprehensive Plan, to implement the planning requirements of the Growth Management Act, RCW 36,70A; and WHEREAS, the Comprehensive Plan designates City Center Core ("CC-C") and City Center Frame ("CC-F") areas, to "redevelop the City Center ~d create a compact urban community and vibrant center of activity," with the crux of the .strategy being the promotion of "a compact urban center with connections between where we live, work and recreate,"; and WHEREAS, the Comprehensive Plan contains goals (CCP9 and 10) encouraging the City to "provide incentives to encourage residential development in City Center, core/frame areas", and to "Revise land use regulations to allow the frame area to accommodate higher density residential uses accompanied by residentially oriented retail and services uses"; and ' WHEREAS, the City Council desires to consider whether to adopt a residential targeted area in which property tax exemptions may be granted for construction of qualifying multi- family housing; and WHEREAS, RCW 84,14.040(2) provides that the City Council may adopt a resolution of intention to so designate a residential targeted area, and that the resolution must state the time and place of a hearing to be held by the City Council to consider the designation of such an area; Res. #02-374, Page 1 ~ (Q) rPW i ( ( NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council intends to consider the designation pursuant to RCW 84.14 of the area of the Federal Way City Center currently zoned City Center Core and Frame (see map, Exhibit I) as a residential targeted area for the purposes of limited tax exemption for new multifamily development. Such designation, and accompanying criteria to be adopted by the City Council to govern the granting of any limited tax exemptions, will be considered by the Council at a public hearing as described below, Section 2. The public hearing on the proposed designation of a residential targeted area, and accompanying criteria for the granting of limited tax exemptions within such residential targeted area, shall be held at the regular meeting of the Federal Way City Council at 7:00 p.m. on December 3, 2002, in the Council Chambers in the City Hall, 33530 1st Way South, Federal Way, Washington. .. Section 3. The City Clerk provide public noticè of the public hearing by causing a notice of the hearing to be published once each week for two consecutive weeks, at least seven (7) and no more than thirty (30) days before the date of the hearing, as provided by RCW 84.14.040(c)(3). Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Res. #02-374, Page 2 ( (' Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this~dayof November ,2002. ATTEST: ~ f);¿~~ CITY ERK, N. CHRISÍINE GREEN, CMC CITY OF FEDERAL WAY ~EA~~ APPROVED AS TO FORM: ~. '&c.~ éITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k: \reso \ taxexemptareanotice2 Res. # 02-374 Page 3 MEETING DATE: December 3, 2002 ITEM# -yrr k-) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENTS CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION IZI CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: none SUMMARYIBACKGROUND: At a special meeting on December 3, 2002, the City Council will interview applicants to fill three (3) vacant positions on the city's Lodging Tax Advisory Committee. Two ofthe current members whose terms expired have reapplied. The Council will then confirm their appointments during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: I hereby move the appointment ofthe following persons to the city's Lodging Tax Advisory Committee, all with 2-year terms effective through October 31, 2004: (The City Clerk will arrange for introduction and presentation of the appointment certificates for the new appointees at the December 17 regular meeting) ~~;~ ~~~~ ~~~~~~~~ ~~¡:7:J.i~lik~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ¥~~~ MEETING DATE: December 3, 2002 ITEM# J7Æ- a¿ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Kenneth Jones Pool Operation Options CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION ~ CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Staff report to FEDRAC and Summary of Pool Operation Options SUMMARY/BACKGROUND: City Council directed staff to investigate options to keep the Kenneth Jones Pool open beyond 2002. The attached staff report and option summary identifies and compares three options staff investigated. King County has requested that the City provide intent/direction by Dec. 4, 2002 in order to meet public notice requirements for their Council decision. ........................................................,.,.,.,........................................................................................................................................ .........,........~;t:JjJIO..L~.~...... CITY COUNCIL COMMITTEE RECOMMENDATION: Approve staff recommendation and forward to fun Cou~ authorizing the City Manager to negotiate an agreement for the assumption of the Kenneth Jones Pool - contingent upon King County agreeing to transfer the Kenwood Pit Property, $]25,000 in capital funds, and either transferring the mothbaB funding of $76,000 or continuing to operate the pool for six months at the City's option. PROI'OSED MOTION: ") move approval of the Kenneth Jones Pool Operation Option as presented." CITY MANAGER AI'PROV AL: ...~ (BELOW TO BE COMPLETED BY CITY CLh'RKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING {ordinances only) COUNCIL BILL # 1 Sf reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05110/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: November 26, 2002 Finance, Economic DeveIOPme~' na Affairs Committee David H. Moseley, City Manager Jennifer Schroder, Director j\J Kenneth Jones Pool operating options Via: From: Subject: In May 2002 King County announced that it would enter into discussions with cities and school districts regarding the King County Forward Thrust Pools. The purpose ofthe discussions were to investigate the feasibility of new operating and/or funding arrangements to enable the pools to remain open in 2003 and beyond. Early on in these discussions the Federal Way School District stated that it was not interested in participating in any funding options for the Kenneth Jones Pool. Based on recommendations trom an appointed citizen commission Metropolitan Parks Task Force, King County Executive Ron Sims announced in July of2002 that the County would offer cities a reasonable package to enable them to keep pools open. Cities were told that if they did not take over the pools located within their corporate boundries, those pools would close January I, 2003. To prevent losing the availability of the Kenneth Jones Pool, the City Council in July directed staff to investigate operating options. Staff has had a number of discussions with King County and has also recently learned about the potential assumption of the pool by a third party non- profit organization - the Northwest Center (NWC) - through conversations with NWC representatives. This memorandum will summarize and compare these 3 options: 1. King County continues to own and operate the Kenneth Jones Pool with a City subsidy. . 2. Northwest Center assumes the title to the pool facility and its operations, with an annual City subsidy. 3. The City assumes the title to the pool facility and its operations, until a pennanent community facility is built. King County has requested direction trom the City by Dec. 4, 2002 in order to meet public notice requirements for their Council meeting. STAFF RECOMMENDA nON: After comparing the operation/control issue and financial considerations of the 3 options, staff recommends that the City assume the title and operation of the Kenneth Jones Pool. This option provides the City with the most control over the programming and operations of the facility. It will also allow staff the opportunity to gain experience in pool operation. Additionally, King County has agreed to transfer the Kenwood Pit property to the City if the City assumes the title and operation of the pool. This and other financial incentives provided by the County make this the best option financially for the city. In addition, King County has also agreed to continue operating the pool for a period of six months to allow a smooth transition to the City in July of 2003. h,lfinancelfincommt\2002\1203\pool options nov 25 doc FJ..- COMMITTEE ACTION: Approve staff recommendation and forward to full Council authorizing the City Manager to negotiate an agreement for the assumption ofthe Kenneth Jones Pool - contingent upon King County agreeing to transfer the Kenwood Pit Property, $125,000 in capital funds, and either transferring the mothball funding of $76,000 or continuing to operate the pool for six months at the City's option. hclfinancelfincommt\2002112031poo1 options nov 25.doc FJ. Summary of Kenneth Jones Pool Operation Options Operation ControllDiscretion Pool Operation Options ManaaementiControl Proarammina Fee Schedule City Financial Implication King County: . County will mange the . Continue existing . County will increase all . Operating Subsidy': . County continues to own and operate facility per its discretion schedule and fees by 50% for all Year 1: $145,269 Kenneth Jones Pool for 1 year. . County will consolidate programming users. Year 2: 221,269 . City to pay county for all operating remaining staff and assign . Continue scholarship Year 3: 221,269 subsidy including central overhead to those pools they program for low income . Mothball $ to City -0- costs. continue to operate. clients. . Capital $ to City -0- . No commitment in future operation . Existing staff may not be . Kenwood Pit to City -0- beyond 1" year available depends on Total City Cost (Benefit) $587807 . Will not commit to any cap to City's when decision is made. 1. King county wiii not commit to future costs. subsidy beyond first year. Amount for year 2 and 3 are based on yr 1 fioure w/o mothbali fund, Northwest Center: . NWC will operate the . NWC has Market rale fee structure; . Operating Subsidy . NWC to assume title to pool facility and facility per its discretion discretion in Intents to increase fees 30- Year 1: $100,000 to assume operation January 2003. and in according to its setting operating 50% for all users Year 2: 100,000 . County to transfer mothball funds to funding mission schedule and Unknown whether will Year 3: 104,000 NWC. . NWC will recruit and hiring programming continue scholarship . Mothball $ to City -0- ~ . County to transfer pool facility to NWC program for low income . Capital $ to City -0- ~ in good working condition (County to pool staff. clients. . Kenwood Pit to City -O- f, provide sufficient capital fund to cure . NWC intents to use Total City Cost (Benefit) $304000 all deferred maintenance based on existing facility, equipment, NWC's assessment). and ground maintenance . County to work with NWC to secure crew as applicable. ground leases. . Cities to fund a annual subsidy staring $100,000 in year 1 and 2, and increase at 4% per year thereafter. . NWC to solicit corporate sponsors to fund any remaining operating shortfalls. Federal Way: . City will manage the . City intents to . City will determine fee . Operating Subsidy' . County to continue operating the pool facility enhance operaling structure; Year 1: $201,991 for six month in 2003. . City will recruit and hiring schedule and . ResidenVnonresident Year 2 (Yr1 +3%) 208,051 . City to assume title to and operation of programming fee feasible; Year 3 (Yr2+3%) 214,292 the pool by July 1, 2003 until such time all staff . Continue Scholarship . Mothball $ to City (76,000) the new pool is constructed. . Allow city to build program for low income . Capital $ to City (125,000) . City to work with FWSD to secure experience in Operating clients. . Kenwood Pit to Citl (800 000) ground iease until new pool is and managing pool Total City Cost (Benefit) $(376666) . Allow seamless transition constructed and then FWSD will take to the new pool. ownership of pool facility and terminate Note: ground lease with city. 2. Exclude $1 Oak per year capitai . KC to transfer at a minimum of $125K improvements (not needed as interim faciiity). capital funds to City. 3. Ken Wood Pit is recently appraised for over . KC to transfer Kenwood Pit property to $800k per King County. City. MEETING DATE: December 3, 2002 ITEM# :v III ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2002 Housekeeping Budget Adjustment CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS [8J ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Ordinance and budget adjustment exhibits A and B. SUMMARYIBACKGROUND: This is the first reading of the 2002 Housekeeping Budget Adjustment which will incorporate those items Council previously approved during the year and and also miscellaneous corrections to the revised budget CITY COUNCIL COMMITTEE RECOMMENDATION: The proposed 2002 budget adjustment will be reviewed at the Finance Economic Development & Regional Affairs Committee at their meeting on December 3, 2002. Any changes /Tom the meeting or otherwise identified recommendations will be incorporated in the final ordinance on December 17, 2002. PROPOSED MOTION: "I move for the approval of the ordinance to second reading on December 17,2002 for adoption of the 2002 Housekeeping Budget Adjustment" ~~;~~:~:~~~:;;;~~:;7J~~ ....-.,.-,.,..-."'-.,.,-, (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDillEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ;> / '-I'- REVISED - 05/10/2001 DRAFT /1/2rç,/tJ L ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2001-02 BIENNIAL BUDGET (AMENDS ORDINANCE 00-377, 01-387, 01-406, 01-408 AND 02-418). WHEREAS, certain revisions to the 2001-02 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 02-418, Section 1, is hereby amended to adopt the revised budget for the years 2001-02 biennium in the amounts and for the following purposes: Section 1. 2001-02 Biennial Budget. That the budget for the 2001-02 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A (2002 Revised Budget). Section 2. Severabilitv. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity ofthe remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD.# ,PAGE I C~S 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 fTom the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K,\fm\bioMi.l\o,din"",\2002 bo~ok"ping mdin"",.doc ORD.# , PAGE 2 (;(0 EXHIBIT A 2002 REVISED BUDGET A. .ÌI$te<l. ..EniJíng. ... Fij¡jil$!Ì.løt¡<;e $U8,232,172 JtI27~051,365f$ _431,2421 $27,482,607 $ .30,943,872$ 372,345 $31,316,217 $ --+-.-- .. ---- 3,693,300 3,869,226 },869,226- 1,584,254 2,299,478 2,299,478 6,476,974 4,485,844 4,485,844 -313,315 366,219 73,1'79 373,998 123,838 f23,838 2-i1}87-~ - 28,114 28;114 673,482 - - - (9,075) 664,407 - 132,500- (j) ...( ~neral Fund -- $ 8,219,634 $ 12,538 ~cial Reve-nue Funds: Street _:-- 275~926 (1) 275,926 3,693,300 _Arterii31Street - 715,224 4,728 719,952 1,584)54 UtilityTax_- -- ---e:168,921- -1;834 - 6,1I.°,755 -6,476,974 Sol_idWaste/Recycling - 192,137 7,20-6 199,343 296,515 _SpecialContractiStutJieS - 123,838 123,838 ----- -- Hotel/Motel Lodging Tax 150,490 - 59 --~9-- 120,000 _2%Jc>r.theArts 28,114 28,114 I- Grants~ CDBG"": -- 4,139 - 4,139 _j"aths and Trails - 41,848 15 41,863 - Strategic Reserve~ -- -- I--Airport Stra1egic Reserve_- ¡-Debt Service FunL ----=- 6,505,880- 2)43-1 6,50!!, 123 Capital Project Funds: _9ty Facilities -- 7,873,831 2,759 7,876,590 I- Parks - -- --~148 --145,611- --- 849,759 - _§WM - - -- ~667 2,389 6,669,056 - Traffic 235,591 63,414 - 299,005 '::81reet,,--'-- 8,264"I77118,119 ä~382:896 669,343 9,000 132,500 4,862,1.79 750,000 447,261 _1,099,009 3,145,125 Enterprise Fund:- - ~ Surface WaterManagem"riilt:=-500.i30 500..8.11 ~- Dumas Bay Cen~ .. 1---378,591 - 377.,147 16,800 120,000 (9,075) 660,268 9,000 132,500, 132.502~,,- ~862,1i9 __6,6()~-==-!=_6,()~4'~~2 -+--- 750,000 8,603:861 ~8'603'861 -, 447,261 - 1,014,998 - - -:¡'-O14,998 1~099,009 7,440,578_=----=--=- ...7,440~578_,,- 186,569 .... - 186,569 8,304,o4?2- . - - 8~304'-452 3.145,125 3,269,6.66-J-____:..L..3,269,666 3,259,!Ji.}i 102,9~ 1,O_14,OI1 ------=-L 1,014,071 1,352,423 - 3,362,893 1,352,423 -- Internal S~~e Funds:__u - - -- - - - _RiskManageme~t ~t 3,948,338 (78,611)3,869,727 708,650 --- 1nforrTlationSystems-. - --1)34,579 (51,821) 1,682,758-1,817,382 §upportServiC"s,==-- .. - 191,453 --(9,336)182,117 ;121,095 Flee1 & Equipmen1 ... - 1,821,861 19)87 -f,841,648-1,330~981 ~ldings&Furnish¡nQS- - 1,085,723 - (48,215) 1,037,508 - 478,163 $ .'$$.tI31,ii4Q'-I'-'-$1~1,iM.I.$~,Òi3,i'ØØII$$!I.17$.rn . Ufinlbienniallordinanc\2002 Housekeeping Adjustmentxls ordinance 02 11/26/2002 12:39 PM _'0- _~79 736,829 1,900 1,596,120 246,158 - 119,399 - 1,020,718 696,710 28,1.79 736,829 708,650 1,900 1,819~282 1,594,220 - 221,095 246,158 61,199 1,392,180 901,319 - 478,163 -- 696,710 ... .. . $~(i,Ù~ .$$9;1Ò7,rii8 .Ú3,9øÚd4 4,398,562 100,000 4:728 8,161,885- -138,660 _59,362 50,863 4,765,510 22.i29 ~.2.,()22 - 327,487 112,436- 3,223,570 - 407,584 38,z¡J5. 3,869,727 1,905,920 157,054 2,213,110 - 818,961 .- $6i19,5Ò~.¡.$iU,67Ù1Ò.II'$.'.'.~1.1)58;ØØ~ CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: November 26, 2002 Finance, Economic Developme~ Regig,na} Affairs Committee David H. Moseley, City Manag~ JçøJ \ Iwen Wang, Management Services Director :YV\J 2002 Housekeeping Budget Adjustment This is an ordinance for the 2002 year-end Housekeeping Budget Adjustment. This budget adjustment is primarily to incorporate any items that have been approved by Council during the year, such as grants; to adjust those expenditures that are funded with matching revenues, such as the probation service; and make necessary corrections to errors and omissions in prior adjustments. Items have not been previously approved by Council are highlighted in bold in the attached summary. Attachment: 1. 2002 Housekeeping Budget Adjustment Summary. 2. Ordinance and exhibits. Committee Recommendation: Forward the 2002 Housekeeping Budget Adjustment Ordinance to the full Council on December 3, 2002 for first reading. 3; 2-& t7 2- ( c¿ C?,,:S 0 /fyY¡ L6Zø Y-ð ~~ ~.~ ~r ~ k:\finlbienniallordinanc\2002 housekeeping fedeoc memo.doc (71- CITY OF FEDERAL WAY 2002 HOUSEKEEPING BUDGET ADJUSTMENT General Fund: Municioa/ Court Increase Probation Contract Budget from $90K to $21 OK-Offset by Probation Revenue................................... Law Deoartment: Domestic Violence CDBG Grant.......................................................................................................... Public Safety Bulletproof Vest Program Grant........................................................................................................... 2002 LLEBG Gran!............................................................................................................................. COPS More 2002 Grant.................................................................................................................... 120,000 25,742 23,244 64,459 138,900 'Sublotal(;eneràlFurld, 'F~1~~ ' Solid Waste & Recycling Fund: Adjust Adopted Grant Budget to Reflect Actual Grant Allocation.................................................................. 73,779 " SilI;iIQtalsp.,,¡¡;I¡¡~v~nii~Fiirid$~ .. $.' 73';1'J9 . Downtown Revitalization ClP Fund: Transfer Sign Incentive Program Balance to Sign Code Legal Defense Fund................................................. Transfer Sign Incentive Program Balance to Sign Code Legal Defense Fund................................................. (98,247) 98,247 ,5i1blotaICàpitàIPrøJ~pilridj¡ ", Surface Water Management: Additional Support to the regional water resource inventory area Interlocal agreement (approved March/02)........ Correction to Budget Ordinance-Line Items Approved by Council, but not included in Ordinance........................ Risk Management: Transfer to Fleet Fund for totaled PS Vehicle-Source is Insurance Settlement...................................... Information Systems Fund: PKiAD-Laptop for Special Projects and Staff Use-Source is Reallocation of Existing Parks Budget.......... Fleet & Equipment Fund: PW/SWM-Replace Gas Detector-Source is Replacement Reserves............................................................ PS-Replacement totaled vehicle-Insurance Settlement Proceeds............................................................... PS-Bomb Disposal Vehicie-Add'i Budget Needed to Purchase New Due to Not Finding Used................... PS-(2) Replacement Vehicies-Add'i Budget Needed using Interopids vs Taurus (Approved in March/02)............. PS-Setup on (3) Replace Motorcycles Purchased in 2001 (should have included in carryforward adjustment)....... PS-K9 Vehicle-Cost more than budgeted-Source is Existing Public Safety Seizure Funds........................ PK-Replace 3 Vehicles-Source is Replacement Reserves (approved in April/02) ........................................... < 5i1blotalPrøprietary pilridj¡ , CDBG Fund: Reduce CDBG Adopted Grant Estimate to Reflect Actual Grant Allocation 5i1blotaINØoAr1niialPi'øgràmj¡ " 'GRAND TOTAL cALL FUNDS " ,$ 4,896 98,083 28,179 1,900 1,200 28,179 10,000 9,750 10,000 3,270 57,000 $2$2,451 (9,075) ,$' (9.015) , $~89,5!J6 11/26/2002 11 :06 AM 2002 Housekeeping Adjustmentxls sum 02 G3