Council PKT 06-18-2002 Regular
City of Federal Way
City Council Meeting
AGENDA
COUNCILMEMBERS
Jeanne Burbidge, Mayor
Eric Faison Linda Kochmar
Mary Gates Dean McColgan
Michael Hellickson Mike Park
CITY MANAGER
David H. Moseley
Office of the City Clerk
June 18, 2002
AGENDA
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
June 18,2002
(wwwci.fedem/-wav.wau.,)
*****
**** *
REGULAR MEETING - 7:00 p.m.
I.
CALL MEETING TO ORDER
II.
PLEDGE OF ALLEGIANCE
III.
PRESENTATIONS
a.
b.
Barbershop Quartet/Entertainment
Diyersity Commission/Introduction & Certificates of Appointment
City Manager/Introduction of New Employees
City ManagerlEmerging Issues
c.
d.
IV.
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the
podium 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 negotive(v to other individuals. or are
otherwise inappropriate.
Page 1 of 3
v.
j.
VI.
VII.
a.
b.
c.
CONSENT AGENDA
Items listed below have been previously reviewed by a Council Committee of three members and brought before
full Council for approval; all items are enacted by one motion. Individual items may be removed
by a Counci/member for separate discussion and subsequent motion.
a.
b.
Minutes/June 4, 2002 Regular Meeting
Purchase of Copier for Public Safety
Tourism Enhancement Grant Awards
Renewal/Interlocal Cooperation Agreement for King County CDBG and/or
HOME Consortium
2003 CDBG Pass Through Acceptance
2002 Human Seryices Commission Work Plan
Vacuum/Jet Rodding Service Contract Bid Award
Pacific Highway So HOV Lanes Phase I Improyement Project Bid Award
Tresden Place Final Plat Approval/Resolution
Interlocal Agreement with City of Bellevue for K9 Training
c.
d.
e.
f.
g.
h.
i.
PUBLIC HEARING
Citizen Requested Zoning Text Changes
. Staff Report
Citizen Comment (J-minute limit per person)
. City Council Deliberation & Action
INTRODUCTION ORDINANCES
Council Bill #298/Non-Conforming Uses/Single Family Residential Code
Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL CITY
CODE TO ADDRESS NONCONFORMING SINGLE F AMIL Y RESIDENTIAL USES.
Council Bill #299/Non-Conforming Structures/Single Family Residential
Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY
CITY CODE TO ADDRESS NONCONFORMING SINGLE F AMIL Y RESIDENTIAL
STRUCTURES.
Council Bill #300/Portion of So 298th Street Vacation
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, V ACA TING A PORTION OF SOUTH 2981H STREET IN THE
VICINITY OF THE INTERSECTION OF SOUTH 298TH STREET AND MILITARY
ROAD.
Page 2 of 3
VIII.
CITY COUNCIL BUSINESS
a.
b.
Sex Predator Siting Legislation
Interlocal Agreement with Yakima County for Jail Services
Interlocal Agreement with Cities for Yakima County Jail Services
Renton Jail SerYices Interlocal Agreement
c.
d.
Ix.
CITY COUNCIL REPORTS
x.
CITY MANAGER REPORT
XI.
EXECUTIVE SESSION
Potential Litigation/Pursuant to RCW 42.30.110(1 )(i)
XII.
ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND
ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY"
Page 3 of 3
MEETING DATE:
June 18,2002
ITEM# ~ ~
CITY O~' FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMPACT:
i:8J CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Draft minutes ofthe regular CIty Council meeting held on June 4, 2002.
SUMMARYIBACKGROUND: Official CIty Council meeting minutes for permanent record pursuant to RCW
requirements.
CITY COUNCIL COMMITTEE RECOMMENDATION: nla
PROPOSED MOTION: "I move approval of the minutes of the City Council regular meeting held on June 4,2002.
~I~;~~~~~~~ ~~~~~~~~:~= . . . ~...:m
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLEDillEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
June 4, 2002 - 7:00 p.m.
Minutes
QR ~f1
I.
CALL MEETING TO ORDER
Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the
hourof7:07p.m.
Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan,
Councilmembers Eric Faison, Michael Hellickson, Linda Kochmar, and Mike Park.
Mayor Burbidge excused Councilmember Mary Gates.
Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris
Green, and Deputy City Clerk Stephanie Courtney.
II.
PLEDGE OF ALLEGIANCE
Councilmember Faison led the flag salute.
III.
PRESENTATIONS
a.
Recognition/Youth Commission/Outgoing Commissioner Plaques
Councilmember Kochmar read and presented plaques of appreciation to outgoing Youth
Commissioners Dayid Locke and Jennifer Tavares for their service to the youth in the
community. Mr. Locke and Ms. Tayares both thanked Council for the recognition and
noted it was a pleasure to serve on the Youth Commission.
Councilmember Kochmar noted many of the Youth Commissioners were unable to attend
tonight's Council meeting to accepter their recognitions; their plaques will be deliyered to
them at a later date.
b.
Recognition/Weyerhaeuser Award from Habitat for Humanity
Mayor Burbidge read and presented the recognition to Weyerhaeuser's Puget Sound
Government and Communications Manager Patricia Akiyama. This certificate is in
Federal Way City Council Regular Meeting Minutes
June 4, 2002 - Page 2
recognition of the substantial support the Weyerhaeuser Corporation has giyen to the
Habitat for Humanity program. Ms. Akiyama accepted the recognition and noted
Weyerhaeuser is yery proud of its partnership with Habitat for Humanity.
c.
Introduction/Sister City Baseball Team Delegation
Mayor Jeanne Burbidge noted this project was first realized by former Mayor Mike Park,
and former Mayor Nobuo Nakasato of Hachinohe, Japan. She thanked those individuals
who have helped in the planning, including: Brian Picard, Mark Freitas, Sam and Hope
Elder, Judy Coble and Toby Weymiller. The baseball tournament to be held in Japan, was
coordinated between the Federal Way Sister City Association and the city stafffrom both
cities, and was fully sponsored by priyate funds.
Management Analyst and Project Coordinator Jason Suzaka introduced the coaches and
community representative who will be attending the baseball tournament in Hachinohe. He
noted that due to a previously scheduled baseball tournament, the players were unable to
attend tonight's meeting, but he listed the names of the students who would be representing
Federal Way.
In closing, Mayor Burbidge thanked the following organizations and individuals for their
generous support of this eyent: Rocco Associates, Six Flags at Enchanted Parks, Benaroya
Capital Company, Costco, Weyerhaeuser, Capital One, Citizens for Linda Kochmar,
Patricia Hogaboam and an anonymous sponsor.
d.
City Managerllntroduction of New Employees
City Manager Dayid Moseley noted there were not any new employees to introduce
tonight.
e.
City Manager/Emerging Issues
City Manager David Moseley read aloud a letter from the Compass Center regarding the
Twin Lakes Oxford House. The letter stated the format of the house would be changing
from male to female residents.
City Attorney Bob Sterbank responded to preyious questions from Councilmember
Kochmar regarding the definition of "handicap" and what potential liability the city has in
signing contracts where private coyenants are involyed.
Mr. Sterbank defined "handicap" under the Federal Fair Housing Act and noted priyate
covenants would only bind the homeowner and the neighborhood, not the city.
Federal Way City Council Regular Meeting Minutes
June 4,2002 - Page 3
IV.
CITIZEN COMMENT
Judy Carlson, David McKenzie, Faith Noble, and Bob Dahl spoke in continued opposition
to the Oxford House locating in their neighborhood.
H. David Kaplan spoke regarding a hazardous traffic problem located near the vacant Silo
property, he commended Al Empter and Cary Roe for responding to the problem so
quickly.
Terry Slaton spoke to Council on numerous issues including his opposition to the Oxford
House in Twin Lakes and his opposition of building a new City Hall.
V.
CONSENT AGENDA
a. Minutes/May 21, 2002 Regular Meeting -Approved
b. Vouchers-Approved
c. Monthly Financial Report-Approved
d. Dumas Bay Restoration Project/Final Cost Estimate & Authorization to Bid-
Approved
e. Interlocal Agreement for Storage Space-Approved
f. Change in Control ofthe Cable Communication Franchises/Resolution-
Approved
COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA
AS PRESENTED; DEPUTY MAYOR MCCOLGAN SECOND.
Councilmember Hellickson pulled item (e)/lnterlocal Agreement for Storage Space.
The main motion to approve consent items (a), (b), (c), (d), and (f) passed as follows:
Burbidge
Gates
Kochmar
Park
yes
excused
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
Consent Item (e)/ Interlocal Agreement for Storage Space:
Councilmember Hellickson asked for a brief staff presentation on this item.
Federal Way City Council Regular Meeting Minutes
June 4,2002 - Page 4
Public Works Director Cary Roe gaye a brief update to Council on the proposed lnterlocal
agreement with King County. He noted that due to current space constraints the city is in
need of additional storage space for the installation of a 6000-gallon liquid storage tank that
would hold a liquid de-icing agent for City snow and ice removal operations.
COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT ITEM
(e)/INTERLOCAL AGREEMENT FOR STORAGE SPACE; COUNCILMEMBER
HELLICKSON SECOND. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
excused
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
VI.
CITY COUNCIL BUSINESS
Diyersity Commission Appointments
Councilmember Kochmar thanked all twelye applicants who applied for the Diyersity
Commission.
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE FOLLOWING
APPOINTMENTS: CAROLINA LUCERO, PRAKASH MELOOTTO, AND
RONALD WALKER TO 3-YEAR COMMISSIONER TERMS; BRYON
LlGHTBOURN TO THE 2-YEAR UNEXPIRED TERM; DEBORAH S. ROBINSON
TO THE I-YEAR UNEXPIRED TERM; AND JULIA LARANANG AND DEBRA A.
ROBINSON TO 3- YEAR AL TERNA TE COMMISSIONER POSITIONS;
COUNCILMEMBER PARK SECOND. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
excused
yes
yes
Faison
Hellickson
McColgan
yes
yes
yes
VII.
CITY COUNCIL REPORTS
Councilmember Kochmar announced the next meeting of the Parks, Recreation, Human
Services, Public Safety Committee meeting would be held June 10'" at 4:00 p.m. She
acknowledged three Youth Commissioners who were nominated for the Federal Way
Mirror's Students of Distinction Award, and noted she would attending the Flag Day
celebration at the King County Aquatics Center on June 15th She also thanked all of those
who attended the Sister City trip to Tonghae, including those who performed.
Federal Way City Council Regular Meeting Minutes
June 4, 2002 - Page 5
Councilmember Park reported he had heard yery positiye comments from Korea on the
delegation that went and those who performed. He noted the upcoming Sister City baseball
tournament would be a wonderful opportunity for the youth in our community to
experience another culture. He thanked Management Analyst Jason Suzaka for all his hard
work on this project.
Councilmember Hellickson commended the Police Department on the superior seryice and
response his wife receiyed after returning home to an open door. He also encouraged those
students participating in the Sister City Baseball Tournament to enjoy this trip; they will
remember it for the rest of their liyes.
Councilmember Faison announced the next meeting of the Land Use/Transportation
Committee would be held June 17th at 5:30 p.m. in Council Chambers, and reported on the
Regional Transportation meeting he attended last week.
Deputy Mayor McColgan recognized the accomplishments of local high school sports
programs and noted it is graduation time for all three Federal Way High Schools this week.
Mayor Burbidge attended the ribbon cutting ceremony for the new ValleyCom center in
Kent for emergency services; she thanked former Mayor Mike Park and Assistant City
Manager Derek Matheson for their work to this project. She noted she would be attending
upcoming meetings for South King County Area Transportation Board and Suburban
Cities; and announced upcoming events in the community.
VIII.
CITY MANAGER REPORT
City Manager David Moseley announced staff has concluded the "public presentation"
portion ofthis year's budget process, which included two open houses and multiple
presentations to community groups. He felt these presentations were helpful in informing
the community on our budget situation.
Mr. Moseley noted the Municipal Facilities Advisory Committee met last week, where they
appointed the chair and vice-chair of the committee. He thanked those Councilmembers
who were able to attend the meeting and proyide input.
He reported the next meeting of the permit process stakeholders is scheduled for June II tho
Staff has grouped the results of the permit survey into the following fiye areas:
predictability/consistency; process/timelines; code/requirements;
communication/coordination; and service culturelresources.
Federal Way City Council Regular Meeting Minutes
June 4,2002 - Page 6
City Manager wished to clarify that the recent Sister City trip to Tonghae, Korea and
upcoming baseball tournament trip to Hachinohe, Japan were completely funded with
private funds and donations.
He also reported the Police Department hosted seyeral eyents at the Special Olympics last
weekend, where many officers and staff donated their time to support this important cause.
Approximately 2,000 individuals competed in this year's games.
City Manager David Moseley noted Executive Session for this evening has been canceled.
Ix.
EXECUTIVE SESSION
Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) -canceled
x.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Burbidge adjourned the regular meeting at 8:15 p.m.
Stephanie D. Courtney
Deputy City Clerk
MEETING DATE:
June 18,2002
ITEM#
5C~)
---.------
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Purchase of copier for Public safety (records)
CATEGORY:
BUDGET IMPACT:
f2J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$19045.00
$
$
ATTACHMENTS: Memo to FEDRAC
SUMMARYIBACKGROUND: The document copier at Public Safety (records) department was purchased in 1996, it
has been used extensively and is braking down often. The existing equipment is fully appreciated and the new copier can
be fully funded by replacement reserves.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approyed staff request and forwarded recommendation to
full coucil to purchase a new Canon copier funded by replacement reserves.
PROPOSED MOTION: "I moye approval of the use of replacement reserves fund for the purchase of a Canon copier
for $19,045 to replace the current copier".
CITY MANAGER APPROV AL: ----1J~ * 6"1
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
IJ UÆ<10i3
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDIDEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05t10t2001
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 20,2002
TO: Finance Economic Development Committee~ ~
FROM: Mehdi Sadri, Information Systems Manager6. ~
SUBJECT: Replacement Of Copier at Public Safety (Records)
Via: City Manager Off~ '
Staff is requesting to use $19,000 of the replacement reserve fund to replace the copier
in Records area at the Public Safety department.
Background.
In 1996 City purchased three copiers for use by Public Safety staff. The copier in
records area has been used extensiyely and is braking down often making it difficult and
inefficient for staff to conduct business. The following table provides additional
information.
Location
Records
Investigation
Patrol
Model Purchase Aml
C6650 $13,031
C665011 $10,615
C665011 $09,300
Monthly usage
24,000
8,300
8,800
Total usage to date
1,854,730
608,992
932,196
Replacement Copier:
Most of the City's copiers are made by Canon and purchased and serviœd through Ikon
Office Solutions under the state contract. We have evaluated various models available
through Canon and recommend the Canon Image Runner 6000 for the replacement of
the current copier and use at records area. (attachment 1)
Funding:
Total cost of Canon Image Runner under the state contract including additional paper
deck, stapler, stacker, finisher, network printing capability, installation, deliver, and taxes
is $19,045. The current copier has accumulated $19,547 in replacement reserves and,
ean fully fund the recommended copier.
Trade in value:
The City will try to trade in or sell the oldest or least effective copier in exchange for the
newer machine. Ikon Office Solutions has offered up to $350 trade in value for the
current copier in Records.
Recommendation
Staff requests the committee to approye and forward to the full council, the use of
replacement reserves for the purchase of a Canon copier for $19,045 to replace the
current copier in Public Safetylrecords area.
~
Mary Gates
Committee Member
r/L
MEETING DATE:
June 18,2002
ITEM#
~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2002 Tourism Enhancement Grant Award
CATEGORY:
BUDGET IMPACT:
X CONSENT
RESOLUTION
0 CITY COUNCIL BUSINESS
ORDINANCE
PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$48,500
$18,500
$
ATTACHMENTS: Memo to Council Committee
S UMMAR"Ý ißÁCRGRÖUND:Twõf"ouudsof tiieTouf"¡sïii1inÏ1aii è-ëñieiliGf"ãñtare-inC1ïïde,niiìhëIodglng -Tax'
Adyisory Committee's work program and budget for 2002. The total amount budgeted for the grant program in 2002 is
$48,500, with 10% assigned to grant coordination and $43,650 available for awards. These grants ate intended for not-
for-profit organizations engaged in sports or cultural events in Federal Way that will bring out-of-town visitors to the City.
During this first round of grant applications for 2002, four applications were received for a total of $22,500, as detailed
below:
NW Allstats/Fastbreak Basketball Assn "NW Shootout" - 1116-8/2003:
FW Track ClublHersheys Track Meet - 6/29/2002
Pac. NW Swimming USA Swimming Disability Championships - 6/3-15/2002
Pac. NW Assn Synchronized Swimming USA Age Championships - 6/28- 717/02
$8000
$3500
$5000
$6000
The applications were reyiewed by the Tourism Grant Review Committee and subsequently reyiewed by the Lodging Tax
Advisory Committee. The L T AC recommended awarding tourism enhancement grants to all of the four applicants in the
amounts itemized below, for a total of$18,500. This leaves $28,150 (minus administration fees) in potential grant monies
for the second Year 2002 grant round.
NW Allstats/Fastbreak Basketball Assn "NW Shootout" - 11/6-8/2003:
FW Track Club/Hersheys Track Meet - 6/29/2002
Pac. NW Swimming USA Swimming Disability Championships - 6/3-15/2002
Pac. NW Assn Synchronized Swimming USA Age Championships - 6/28- 717/02
$6000
$3500
$5000
$4000
CIty CÖUNcíLcöM'MïtTEERE<:OMMEND Ä fìöN: -At lis May2S;i 6óiïiieetÍng;tiïe-PEDRACi-eèom mended
awarding tourism enhancement grants as presented by the Lodging Tax Advisory Committee.
"""""". """"""""""""""""""""""""-""""'-""'--"'-"""""..... .......... """"""'-..-........... ............. ........... ............. ".""""""-"'""""""-"",--",,,
PROPOSED MOTION: "I moye to approye the following Tourism Enhancement Grants:
$6000 for NW Allstars/Fastbreak Basketball Assn "NW Shootout" on 11/6-8/2003
$3500 for Federal Way Track Club/Hersheys Track Meet on 6/29/2002
$5000 for Pacific NW Swimming USA Swimming Disability Championships on 6/3-15/2002
$4000 for Pacific NW Assn Synchronized Swimming USA Age Championships on 6/28- 7/7/02"
~~~::~~~~~~~~~~~~Ifl~~]~~~===-~ ~vi d ~~(~
(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 #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/1 0/2001
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
May 15,2002
Finance, Economic Development an~ R. egional Affairs Committee
David H. MO~City Manager B~ c\ d\
Patrick Dohe uty Director, Community Deyelopment Services
Tourism Enh cement Grant awards
BACKGROUND
Two rounds of the Tourism Enhancement Grant are included in the Lodging Tax
Adyisory Committee's work program and budget for 2002. The total amount budgeted
for grant awards if $48,000. These grants are intended for not-for-profit organizations
engaged in sports or cultural events in Federal Way that will bring out-of-town visitors to
the City.
During this first round of grant applications for 2002, four applications were received, as
detailed below:
NW Allstars/Fastbreak Basketball Assn "NW Shootout" - 11/6-8/2003:
FW Track Club/Hersheys Track Meet - 6/29/2002
Pac. NW Swimming USA Swimming Disability Championships - 6/3-15/2002
Pac. NW Assn Synchronized Swimming USA Age Championships - 6/28-7/7/02
A copy of each application submittal is attached to this memo.
The Federal Way Tourism Enhancement Grant Review Committee reyiewed each of
these applications in April. The Committee recommendations are as follows:
NW Allstars/Fastbreak Basketball Assn "NW Shootout" - 11/6-8/2003:
FW Track Club/Hersheys Track Meet - 6/29/2002
Pac. NW Swimming USA Swimming Disability Championships - 6/3-15/2002
Pac. NW Assn Synchronized Swimming USA Age Championships - 6/28- 7/7/02
$8000
$3500
$5000
$6000
$6000
$3500
$5000
$4000
The Committee recommended less than the amount requested for the "NW Shootout"
($6000 of $8000 requested) since the requested $6000 represented the entire amount to
be raised by the local hosting organization and the eyent is still 18 months away. The
Committee believed that the $6000 award would put the group well on its way towards
hosting the event, but stillleaye room for additional local support from other sources.
Similarly, the Committee recommended granting less than the amount requested for the
Synchronized Swimming event ($4000 of $6000 requested) since the eyent sponsors
&1--
anticipate an approximate $4000 "profit" from the event The Committee appreciated the
need for such organizations to build an endowment for future eyents, but felt that fully
funding the request would be excessiye in light of this "profit"
The recommended grant funding for this first 2002 round totals $18,500, leaving $32,000
available for the second 2002 grant round.
At its 5/10/02 meeting the Federal Way Lodging Tax Adyisory Committee reyiewed the
Tourism Enhancement Grant Reyiew Committee's recommendations, concurred
unanimously and recommended approval to FEDRAc.
STAFF RECOMMENDATION
Staff concurs with the L T AC recommendation to approve the Tourism Enhancement
Grant awards as recommended by LTAC.
COMMITTEE ACTION
Approye the award of the following Tourism Enhancement Grants:
$6000 to NW Allstars/Fastbreak Basketball Assn "NW Shootout"
$3500 to FW Track Club/Hersheys Track Meet
$5000 to Pacific NW Swimming USA Swimming Disability Championships
$4000 to Pacific NW Synchronized Swimming USA Age Championships
>7=~
C6 ttee Member
r;z
"
MEETING DATE:
June 18,2002
ITEM#
~(!)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Renewal oflnterlocal Cooperation Agreements for HOME Consortium and King County Community
Deyelopment Block Grant (CDBG) Consortium
CATEGORY:
BUDGET IMPACT:
~
0
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: I) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated
June 4, 2002. This includes the following attachments: HOME Inyestment Partnerships Program Interlocal Cooperation
Agreement (Attachment I); Community Deyelopment Block Grant Joint Agreement (Attachment 2); Letter to Mayor
Burbidget dated May 6 (Attachment 3); Memorandum to the Human Services Commission dated May 10, 2002
(Attachment 4); and Letter from Dayid Moseley to Barbara Gletne, Director of King County Department of Community
and Human Services dated May 22, 2002. 2) A letter from Barbara Gletne in response David Moseley's letter June II,
2002.
SUMMARYIBACKGROUND: The City of Federal Way participates in the King County HOME Consortium. HOME
is a federal program to create affordable permanent housing for low and yery-Iow income residents. There is no pass-
through system for HOME funds and Federal Way does not meet the minimum threshold to stand alone for receipt of
HOME funds. Membership in the HOME consortium is accomplished through an interlocal cooperation agreement (ICA)
with a three-year term. The current ICA expires at the end of2002 and will automatically renew for another three-year
period. No action is recommended at this time.
Similar to the HOME Program, Federal Way participates in the King County Community Deyelopment Block Grant
(CDBG) Consortium for distribution of CDBG funds through a three-year joint agreement. The current joint agreement
will expire at the end of2002 and will automatically renew for another three-year period. Unlike the HOME Program,
Federal Way is eligible to receiye these funds directly from the U.S. Department of Housing and Urban Deyelopment
(HUD) as an entitlement community. In order to withdraw ITom the CDBG Consortium, the City must provide written
notification to HUD and King County by June 28, 2002.
The City of Federal Way joined the CDBG Consortium in 1994 because membership in the Consortium proyided a
greater amount of CDBG funds ayailable to Federal Way residents at a lower costs with reduced administrative
requirements. As outlined in the May 10,2002 memorandum to the Human Services Commission, King County's
administratiye costs will rise significantly in 2003. This information was received on April 19, 2002. The Human
Services Commission and staff haye been reyiewing the feasibility of returning to direct entitlement in 2003. Following
extensive research of the federal requirments that must be met to return to direct entitlement, staff recommended
continuing with the King County Consortium for another three year period. This was due to the limited time available to
research staffing needs, the unbudgeted cost of completing the required Consolidated Housing and Human Services Plan
(Estimated to cost $50,000), and the loss of approximately $130,000 in recaptured CDBG funds from previous projects.
Further explanation of these and other issues are included in the attachments.
The Human Services Commission made two recommendations at their June 3, 2002 meeting. The Commission
recommended that the City of Federal Way stay in the King County CDBG Consortium, but do so under protest due to the
late receipt of information from King County, the short time frame giyen for making a decision, and the rising
administrative costs charged by King County for administering the program. Secondly, the Commission recommends that
the City of Federal Way initate the process to be prepared, ifthe City chooses, to withdraw from the King County CDBG
Consortium at the end of the 2003-2005 term. This would mean addressing staffing issues, adoption of a Consolidated
Housing and Human Services Plan, and research of all federal requirements for retuming to direct entitlement status. This
will enable the City of Federal Way to make a decision term on whether or not it would be in the City's best interest to
return to direct entitlement or continue to participate in the King County Consortium.
In response to the issues raised by the City of Federal Way in Dayid Moseley's letter dated May 22,2002, City staff met
with King County staff, Renton and Shoreline to begin exploring amendments to the Joint Agreement. Renton and
Shoreline are also entitlement communities that have the option of receiying funds directly from HUD. A meeting with
all consortium cities is expected to be held within the next few weeks. Any proposed amendments to the Joint Agreement
will be brought forward for Council consideration.
During the PRHS&PS meeting, the Human Services Commission Chair informed staffthat the second motion should be
amended to include, "to be prepared ifthe City chooses". This information was presented to the Committee during the
staff report.
CITY COUNCIL COMMITTEE RECOMMENDATION: On June 10,2002, the Parks, Recreation, Human Services,
and Public Safety (PRHSPS) Committee voted to forward the following recommendations to the City Council - I)
Recommend that the City of Federal Way stay in the King County CDBG Consortium, but do so under protest due to the
late receipt of information from King County, the short time frame given for making a decision, and the rising
administratiye costs charged by King County for administering the program; and, 2) Recommend that the City of Federal
Way initate the process to be prepared if the City chooses to withdraw from the King County CDBG Consortium at the
end of the 2003-2005 term.
PROPOSED MOTION: I) I move that the City of Federal Way stay in the King County CDBG Consortium, but do so
under protest due to the late receipt of information from King County, the short time frame giyen for making a decision,
and the rising administrative costs charged by King County for administering the program; and, 2) I moye that the City of
Federal Way initate the process to be prepared if the City chooses to withdraw from the King County CDBG Consortium
at the end of the 2003-2005 term.
CITY MANAGER APPROV AL:þ~~:=-~~ of ~(:;~!I~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D
0
D
D
APPROVED
DENIED
TABLEDfflEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10t2001
S.H
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
June 4, 2002
Karen Pettin ell C ir, Human Services Commission
David Mo e anager
Renewal of In I cal ooperation Agreements for HOME Consortium and King County
Community Development Block Grant (CDBG) Consortium
Background
Automatic Renewal of HOME Interlocal Cooperation Agreement
The King County HOME Consortium includes King County and all cities within the county with the
exception of Seattle. HUD gives one HOME grant to the Consortium each year, which is
administered by King County Housing and Community Development. There is no pass-through
system for HOME funds and Federal Way does not meet the minimum threshold to stand-alone.
Non-profit housing developers apply directly to King County for use of funds. Member cities and the
Joint Recommendation Committee (JRC) are involved in project selection. Similar to the King County
CDBG Consortium, membership in the consortium is accomplished through an interlocal cooperation
agreement (ICA) with a three-year term. The current ICA (Attachment 1) expires at the end of 2002
and will automatically renew for another three-year period. No action is recommended at this time.
Automatic Renewal of CDBG Joint Agreement
Federal Way has the option of receiving Community Development Block Grant (CDBG) funds directly
from the U.S. Department of Housing and Urban Development as a direct entitlement community.
The City of Federal Way received CDBG funds directly from HUD from 1991-93. Federal Way joined
the King County CDBG Consortium in 1994. Membership in the Consortium is accomplished through
a three-year joint agreement. The current agreement with King County (Attachment 2) to participate
in the Consortium will automatically renew at the beginning of 2003 for another three-year period.
The City must provide written notification to the King County Department of Housing and Community
Development and HUD by June 28, 2002 in order to withdraw from the King County Consortium.
(Correspondence from Barbara Gletne - Attachment 3)
Federal Way joined the Consortium because membership provided a greater amount of CDBG funds
available to Federal Way residents at lower staff costs with reduced administrative requirements. As
outlined in the May 10, 2002 memorandum to the Human Services Commission (Attachment 4), King
County's administrative costs will rise significantly in 2003. This information was received on April
19, 2002. The Human Services Commission and staff have been reviewing the feasibility of returning
to direct entitlement in 2003 since that time.
The City notified King County of our concerns regarding King County administrative costs at the May
23, 2002 Joint Recommendation Committee (JRC) meeting (Letter from David Moseley - Attachment
5). City staff from Shoreline and Redmond stated that they share the concerns raised by the City of
Federal Way. In response, the JRC recommended that a letter be sent to the King County Executive
regarding the increased costs of overhead being charged to the CDBG program. The Committee
also recommended a letter be sent to federal representatives stating that the increased federal
regulations on the CDBG program are impacting the costs of administering the program. A written
H-I
response to the May 22, 2002 letter from David Moseley has not been received but is expected by
June 7,2002.
Staff Recommendation
At the June 3, 2002 Human Services Commission meeting, staff gave a verbal recommendation to
not pursue direct entitlement for the 2003 term but to pursue returning to direct entitlement in 2006.
This recommendation was made due to the lack of time to adequately evaluate staffing needs and
federal requirements for the program. While the City would have additional funds available for
planning and administration as a direct entitlement community, all federal requirements for
administering the CDBG program would become the responsibility of the City.
Additionally, entitlement communities are required to adopt a Consolidated Housing and Community
Development Plan that entails an extensive evaluation and planning process regarding housing and
human services needs in our community with required public input. Withdrawal at the end of 2002
would mean that this process would need to be done at an accelerated rate at an unbudgeted cost of
$50,000.
By remaining with the Consortium for the 2003-2005 term, the above analysis and Consolidated Plan
could be completed before the next renewal of the CDBG Joint Agreement.
Commission Recommendation
At the June 3, 2002 meeting, the Human Services Commission, passed the following two motions:
Motion to recommend that the City of Federal Way stay in the King County CDBG Consortium, but do
so under protest due to the late receipt of information from King County, the short time frame given
for making a decision, and the rising administrative costs charged by King County for administering
the program.
Motion to recommend to the City Council that the City of Federal Way initiate the process to withdraw
from the King County CDBG Consortium at the end of the 2003-2005 term.
Committee Recommendation
Motion to recommend that the City of Federal Way stay in the King County CDBG Consortium, but do
so under protest due to the late receipt of information from King County, the short time frame given
for making a decision, and the rising administrative costs charged by King County for administering
the program. . ~<"\l-<c.ð,. h
'(j.o ,f~c.-~y-::.
Motion to recommend to the City Council that the City of Federal Way initiate the process to withdraw
from the King County CDBG Consortium at the end of the 2003-2005 term.
The above motion(s) to be forwarded to the City Council for consideration at the June 18, 2002
meeting.
~-2
Attachment 1
HOME INVESTMENT PARTNERS IllP S P R OG RAM
INTERLOCAL COOPERATION AGREEMENT
TIllS AGREEMENT is entered into between King County, an urban county pursuant to 24
~ \ ¡jAil I and Subpart 570.3, hcrcinafter refared to as the 'County," and the City of
WÁ'i hcrcinafter ",fared to as Ibe "City," said parties to the Agn:ement each .
being a unit of gcneœlloea1 govcmment of the State of Washington.
~
WHEREAS, a unit of generalloea1 government that is inclnded in an urban county may be
part of a HOME consortium only through the urban county; and
WHERÈAS, a metropolitan city or an urban county may be part of a consortium; and
WHEREAS, the City and King County agn:e that it is mutually deskable and beneficial to
enter into a consortium amngement pursuant to and authoñzcd by 24 CFR Part 92.and 42 USC §
12746 for pUIpOSCS of the HOME Investment PartnCBbips Program, hereinafter ",fared to as
"HOME Program"; .
NOW, TIIERI!FORB, IN CONSIDERATION OF TIlE FOREGOING
CIRCUMSTANCES AND IN. CONSIDERATION OF TIlE MUlUAL PROMISES
CONTAINED HERBIN, IT IS AGREED 'IHAT:
I. This Agreement is made pursuant 10 the National Affordable Housing Act of 1m, as
amended, 42 USC § 12701 et; seq. (the "Act") andRCW 39.34, the lntergovernmenta1
Cooperation Act
2. The City and the County agn:e 10 cooi>etatc 10 undetlakc or assist in undertaking
HOME Program housing assistance activities which are eligtòle under 24 CPR. Part 92-
3. The County is hereby authorized 10 act as the representative member on behalfofthe
Consortium for the PUIJ>OSCS oflbe HOME Program, The County agrees to assume ovenll
rcspons¡òility for ensuring that the CoDsortimn's HOME Program is canied out in compliance
with federal requirements and the housing objectives of the City and the County as adopted in
the Consolidated Housing and Community Development Plan (Consolidated H&CD Plan). The
City agrees to coopcœte fUl1y with Ibe County in the development and preparation oflbe
Consolidated H&CD Plan, and 10 prepaIC and provide those elements specifically perI3ining to
the City.
4. This Agreement shall remain in fid1 force and effect for the period necessæy 10 plan
and cany out aU activities that will be fimded Jrom HOME funds awmled for the 2000, 2001,
and 2002 federal fisca1)'1O8I1, the thn:c-year qualification period that coincides with the
Agreement for the Distn'bution and Administœtion of Community Development Block Grant, or
until the County's dcsiguation as a participating HOME jurisdiction or an urban county is .
n:scinded by the United States Departmcni ofHousing and Uman Developntent, whichever is
shorter. This agn:ement wiD be automatically renewed for participation in successive thrce-year
qualification periods, unless the county or the city provides written notice it elects not to
participate in the new qualification period. Such written notice shall be given by the date set
forth in an Urban County Qualification Notice applicable to subsequent thrce-year qualification
periods and provided by the United States Department of Housing and Urban Development.
5- The city and the county agn:e 10 adopt any amendments to the agn:c:ment
inco¡porating changes necessary to meet the n:qWn:ments for cooperation agn:c:ments set forth in
an Uman County Qualification Notice applicable for a subsequent thrce-year qualification
period, and to submit such amendment 10 the United States Department of Housing and Uman
Development Fail"", 10 adopt such amendment wiD void the automatic renewal of such
qualification period
11-~
6. . During the term of this Agreemen4 neither the County nor the City may withdraw
fÌ'Om participation fÌ'Om their respective obligations under t/ùs Agreement
7. By executing the HOME Agreemen4 the City understands that it may not participate
in a HOME consortium except through the urban county, regardlessofwhcther the urban county
receives a HOME fonnula allocation.
8- This Agreement shall be executed in three counterparts, each ofwlùch shaI1 be
deemed an original, by the chief executive officers of the County and the City, pursuant to the
authority granted them by their respective governing bodies. One of the signed countaparts,
accompanied by copies of the authorizing resolutions fÌ'Om the County and the City, shall be filed
by the County with the Region X.office ofRUD. A copy shall be filed with the Secretary of
State and the Cleric of the King County Counci~ the County Auditor, and the City pun¡uant to
RCW 39.34.040.
9. The County and the City both hereby agree to afiinnatively further fair housing.
10. 10int Recommendations Committee Composition. The Committee shaI1 be composed
offour County representatives and five Cities representatives. The four County representatives
may be Department Directors or their designees, and/or citizen representatives ofunincolJ>Onlted
communities. County representatives shall be specified in writing and should. where posSible, be
the same person consistently fÌ'Om meeting to meeting. Five partieipating åty representatives
and their alternates will inelude åty planning directors or comparable level stall; or elected
ofiicials. Two eityrepresentatives and theiraltemates will be ftom thenorthleastregion of the
County and two åty representatives and their alternates will be fÌ'Om the south region of the
County. An odditional revolving position on this Committee shall be rotated between the
HOME-only Cities of Auburn and BeUevue. The revolving position will be non-voting, except
on issues related to the King County HOME Consortium and other federal bousing-re1ated timds
(excluding Community Development Block Otant).
II. Appointments. The King County Executive shaI1 appoint the County"/epresentatives-
The Suburban Cities Assoåation will select eight diffcrentjurisdictions, four to serve as
members and four as alternates, which in turn, will assign n:presentatives to this Committee.
Tennsofofiiceshal1 be for two years. Priority for one of the positions wiU be for-small city
representative. The revolving HOME position will be appointed annually by the respective
jurisdiction. Members of the Committee shaI1 serve at the pleasure of their respective appointing
authorities.
12. The loint Recommendations Committee will adopt HOME ptOliraolpo1iåes,
consistent with the Consolidated H&CD Plan, developed by the City and County staffworlcing
group. The Joint Recommendations Committee will approve funding ¡leeisions. All timding
decisions must be in accord with adopted policies. Once the poliåes are adopted, the City, as a
representative member of the Consortium, shall also bave the right to comment on any program
changes prior to their implemeotation by the County. .
13. The cluútperson and vice-d1aüperson of the Joint Recommendations Committèe shaI1
be chosen fÌ'Om among the members of the Committee by a majorityvnte of the members for a
term of one year beginning the first meeting of the caleodaryear. Attendance of five members
will constitute a quonun.
14. The City sball participate jointly with the County in the development of the
Consortium's HOME Program by partiåpating in deve1opmeot of a HOME Program strategy
sufliåent to accommodate both the collective and individual housing objectives contained within
local comprehensive plans or other adopted plans of both the City and the County.
H-Y
IS. Federal HOME fimds, allocated to the Consortium, shall be used to fund housing
assistance activities that an: the subject of this Agreement The City and the County.shall
cooperate in the establishment ofbudgcts for scpamte HOME activities. The County intends to
enter into contractual agreements with any city, nonprofit oq¡aniulion, or other entity that it
selects to implement HOME ""tivitics. The County's administrative costs will be paid ftom the
HOME grant, afterm<Ìcw and approval by the 10int Recommendations Committee.
16. This agrcanent applies to the Consortium's a<:ccptancc of other federal
housing-related 1ùnds which may be allocated hy fonnula to the Consortium. Allocation
decisions for these lünds will be subject to policies and procedures dcvc1opccl by the City and
County staffWOtkiug group and adopted by the 10int Rcoommendations Committee.
This Agreement is legally binding and valid upon signature of all parties.
CITY OF
FFn"RAI WAY
KING COUNTY
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Attachment 2
COMMUNITy DEVELOPMENT BLOCK GRANT
JOINT AGREEMENT
TIllS AGREEMENT is - into by and between King County and the City of
F1=n"RA' WApid parties to the Agn:cment each being a wùt of gencralloca1 goVernment in
the Stale of Washington.
WITNESSETH:
WHBRBAS, the fc:dcraI government tbrough adoption and administmion of the Housing
and Commwùty Development Act of 1974, as amendccl (the" Act"). wiD make Community
Development Block Grant ("CDBG"), funds available to both the county and city in the fonn of
entitlement grants; and
WHBRBAS. the area encompassccl by unincorporated King County and any participating
cities is deSignated by the Uoitccl States Department ofHousïng and Utban DcvcIopmenf("HUD'1
as an urban county for tho pmposc ofm:civing CDBG fUnds; and
WHBRBAS, tho Act directs HUD to distribulc to each urban county tho annual
appropriation ofCDBG funds based on the population cbaractcristics of tho wban county; and
WHBRBAS.tho Act aUowsjoint -cots, wh=by entitlement cities may join tho
wban county, and aUows tho wban county to distnòulc CDBG funds to such cities as participating
jurisdictions; and
WHBRBAS, the CDBG Rcgu1ations roquirc tho acceptance of the conso1idated housing
and commwùty development plan ("Consolidated H&CD Plan") by participalingjurisdictions; and
WHBRBAS, King CountywiD underta1cc CDBG-timdcd activities in participating
incorporatcdjurisdictions as spocificcl in the Consolidated H&CD Plan by gnmting funds to those
jurisdictions to cany out such activities; and '
WHEREAS, King County is RSpOnsible to the fcdaal govcmmeni for aU activities
undertaken with CDBO funds and will CQSU[C that aU CDBG ISSUIaIICCS and certifications King
County is required.to submit to HUD with tho 8DnWII Action Plan wiD be met; and
WHEREAS, King County-and the participatingjurisdictioos arc committed to targeting
CDBG funds to ensure benefit to low- and moderate-income ICISOIIS as defined by HUD; and
WHEREAS, King County and its participating jurisdictions recognize that the needs of
low- and modcnlte-incomc pc:ISOns may cross jurisdictional boundaries and can thcmore be
considcrod tegiona1 needs; and '
: WHEREAS. King County and tho participating jurisdictioos must submit an Annual
Action Plan to HUD wbich is a rcc¡uú=cnt to t=ive CDBO funds; and
WHEREAS. t!:c pwposc of this Joim Agreement, which ia cnIcRd into pursuant to end in
accordance with tho State Intcrloca1 Cooperation Act. RCW Clap. 39.34, ia for the city to join the
wban county consotlinm, ("Consortium"), for planning the distribution and lIdministration of
CDBO and other fc:dcraI funds t=ivcd on bcbaU" of the Consortium fi:om HUD. and for execution
of activities in acconIancc with and under anthocity of the Act;
(
\-\-10
NOW, THEREFORE. IN CONSIDERATION OF 'IHE FOREGOING
CIRCUMSTANCES AND IN-CONSIDERATION OF 'IHE MUTUAL PROMISES
CONTAINED HBREIN,ITIS AGREEDTIIAT:
I.
GENERAL AGREEMENT
IGng County and each participaÛDgjurisdiction agree: to cooperate to Imdc:rtakc, or assist
in undertaking, activities which further thc development of viable uroan communities,
including the provision of decent housing and a suitable living environment and expanding
economic opportunities, principa11y fur persons of low and moderate inconie, through
community renewal and lower income housing assistance activities, specifically wban
renewal and publicly assisted housing, fimded fi:om annual CDBG fimds fi:om federal
Fiscal Y cad 2000, 2001, and 2002 appropriations, Ii'om n:capturcd funds a11oca1ed in
those yeaIS, and from any program income generated Ii'om the expenditure of such funds.
n.
GENERAL DISTRIBUTION OF FUNDS
The distribution within the Colmty ofCDBG Funds under Tide I of the Act shall be
governed by the following provisions, exclusive of the Cities of Auburn, Bellevue, and
Scaltle.
A. The amount needed for odministration of the Consortium's <:pBG and other federal
prognms which benefit the ConsortiIDD sha11 be reserved by the County. This
amount, hcrcin.afler refemd to as the administraIive setasidc, is contingent upon
review by the Joint Recommendations Committee ("the Committee"), as Provided in
Section VIIl(C)(I), and approval by the Mettopolitan IGng County Council, as
provided by Sections XIll(A) and XUI(B).
B- In addition to the administraIive setaside refared to in Section n (A). each year 25%
of the public setvice fimds available, nollo cxcccd $300,000, wilt be subtracted Ii'om
the entitlemcnl and reserved for the Housing Stability Prognun. a public setvice
activity in support of the affordable housing requirements ID1der tile implerncntalÍon of
the stale Gmwth Management Act (RCW C>apI<r 36. 70A). This public setvice 0CIa-
side will be adminisIcrcd by the County with input úom a wodåøg group of the
participating cities and county sta1L This public SCIVÎce setaside wilt be subjccl to the
same percentage of dcc:ICaS!' as the annual public SCIVÎce funds if thcG "'" any reduc-
tions during the year. In addition, any city participaling in this Ioint Agreement will
have the option of withholding their pro rata share of the Housing Stability Program
funds and allocating them to a diff=nt e\ig1Dle public SCIVÎce activity if the city so
chooses.
C. Of the granl amount rc:maming afta the setasides rcfencd 10 in Sections ll(A) and
n(B) ("the Adjusted Grant Amounl"), the city participating in this Joint Agreement.
will be e\ig1Dle to receive a dirccI pass-tIuougb share, provided that:
I. The city's pass-through share will be the larger of a share of tile A<ljusted Granl
Amounl based upon the CDBG ConsortilDD 's fonnula (the city's share of the
Consortium" tola1low- and modcratc-income persons, as dc1in<d by HUD), or
the city's HUD-specified entitlement granl amount 1= the city's pro rata share of
the ConsortilDD's administraIive setasidc, and at the city's option (see n. B.
above) 1= the city's pro rata share of the Housing Stability Program;
2. The city participal<:s in developing the Consortium's Consolidated H&CD Plan
by identifying its non-housing community development needs;
3. The city agrees 10 abide by Consortium schedules and requirements 10 receive a
pass-through ofCDBG fimds. The responsibilities of1hcse pass-tbrough
jurisdictions "'" defined in Section X. Participating cities may elccI not to receive
a dirccI pass-through but may compete for County and Small Cities Funds, as
defined in Section II(D), below.
D- The funds remaining in the Adjusted Grant ArnOIm! after the dis1nDution of the pass-
through funds referred to in Section n(e) sha11 be refared 10 as the County and Small
2
~-\
....~
Cities Fund, and shall be allocated on. competitive basis to projects serving the cities
not qualifYing to n:ccive or not electing to n:ccive . pass-through, and/or projects
serving the unincotpOrated areas of the county.
E. If the monies assigned to . project during the period of this Agn:cment cxccc:d the
actual cost ofth. project, or ¡fthe project is later reduced or canceled, then the excess
monies Ot recaptured funds, will be rccaj>tured by the County and will be rc:distributc:d
as follows:
I. Administrative sctaside funds, as defined in Section ll(A} and public service
«!aside as defined in Section II(B} which "'" rccapturc:d sball be rctwned to the
Coosortium and be distnòu\c:d to the Pass-through Cities and Cotmty and Small
Cities Funds based on their 1'=CDtage of the Coosortium's low- and moderato-
income persoos, as defined by HUD.
2. Funds recaptured Ifom . project funded through a city's pass-through fund. as
defined in Section II (C), sbaIl be returned to the city's pass-\hrough fund. unless
the city no longer qualifies for a pass-lhrough as provided in Section II(CXI}, in .
which case the ti1nds sbaIl be rctwned to the County and SmaIl Cities FI\IId..
3. Funds recaptured Ifom a project funded through the County and SmaIl Cities
Fund, as defined in Section II(D}, sbaIl be returned to the County and Small Cities
Fund.
F. Unallocatedorrccaptured fimds Ifom 1987 andpriorycars (e.g., unaIIocatc:dor
recaptured "Population,""Ncc:ds,. or "Joint" fimds) sbaIl be returned to the
Coosortium and be distnòutc:d to the Pass-through Cities and the County and Small
Cities Funds based on thcir1'=CDtagc of the Consortium's low- and moderate-income
persoos, as defined by HUD.
G. Funds received by .jurisdiction or CDB'G subn:cipient generated Ifom the use of
CDBG funds, hcrcinaf\crrcfenc:d to as program income, sbaIl be returned to the fimd
which generated the program income as follows, unless an exception is specifically
rccommcndc:d by the Committee and approved by the Metropolitan King County
Council:
I. That portion of the progimn income which is interest or fee income generated
through Community Dcvclopmcnt Interim Loan (CDIL) and Section 108 loan
guarantee projects (as provided in Section 108 of the Act), both of which use all
or a portion of the Consortium's total available CDBG funds, sbaIl be rctumc:d to
the Consortium. The fimds sbaIl be used for the direct costs (c.g.. staft; atIomcy.
and bank fees, advertising costs, contra<:! compliance costs), ncccss:uy for the
marketing. negotiation, and implementation of the interim loan and 1081óan
activities, and for other Consortium-wide or subregional capital projects or
progmns, including other Consortium-wide economic development projects or
programs. Use of the fimds sbaIl be recommended by the Committee each year
after review by an inter-jurisdictional staff' group.---
2. Program income generated .Ifom. project (mcluding housing repair) fimdc:d
through a city's pass-through fund. as defined in Section ll(C), sbaIl be returned to
the city's pass-\hrough fund. unless the city no longer qualifies for a pass-through
as provided in Section II(C)(3}, in which case the program income shall be
. rctwncd to the County and Sma1I Cities Fund.
3. Program income g<ncratcd &om . project (mcluding housing repair) fimdc:d
through the County and Small Cities Fund, as defined in Section II(D), sbaIl be
rctumc:d to the County and Small Cities Fund.
4. Program income gcncratc4lfom projects funded iu 1987 (except for housing
repair) and prior y.... sbaIl be returned to the Coosortium and be distnòu\c:d to
the Pass-through Cities and the Cotmty and SmaIl Cities Funds accotding to their
share of the Coosortium's low- and moderate-income persons, as defined by HOD.
Housing repair program income shall return to the housing repair program.
H-~
m.
USE OF FUNDS: GENERAL PROVISIONS
A. The County and each of the Pass-through Cities shall specify activities and projects
which it will undertake wilh the funds described in Section ß above.
B. The County and each of the Pass-through Cities shall ensure thai CDBG funds arc
targeted to activities which = document predominant (51%) benefit to low- and
modcratc-income people and thai the ovcra1l program meets or exceeds HUD's
",!uircments for the pcn:cntage offunds spent to benefit .1ow- and moderate-income
persons in King County.
C- Pass-through Cities may exchange their CDBG funds with other Pass-through Cities
for genc:nl revenue funds. The use of genc:nl revenue funds obtained by a Pass-
tbtough City in this manner sha1l be consistent with the gcncra1 intent of the
community development program, but sha1l not be considered CDBG program
income.
D. The County and each of the Pass-through Cities sbaI1 conduct the appropñatc citizen
participation activities as ",!uircd by HUD regulations.
E. Approval of projects must bc secured tbtough formal grant applications (proposals) to
King County; approval of activities sbaI1 be secured when the annual program is
approved or amended.
F. Gcnc:nl administrative costs incurred by Pass-tbrough Cities sbaI1 be paid for out of
the pass-tbrough Ot Iiom local funds. Costs incumd in administering specific projects
may be includod in project costs.
IV.
USE OF ADMTNT~A TION FlJNDS
A. A Pass-througb City may ICSCrVC a portion of its entitlement sbarc to covcc
administrative costs ofits 1ocal CDBG l'rogtam or to Iimd planningprojccts, however,
Ibis amount must be icscrvecl by spring o(each year and will be based upon the city's
proportion of Iow- and modcratc-income persons. as dcIincd by HOD. -
B. In addition to the responsibt1itics outlined in Section x., Pass-through Cities may use
additional pass-through funds to cover part of their administraIive costs ü:
. 1. Planning ceiling (!he maximum amount allowed by BUD for planning and
administration activities which cannot cxcccd 20% of the umual entitlement plus
program income) is available;
2. The city lUllS a competitive process for !he distribution of the CDBG funds; and
3. City staff participate in Coosortiwn-wide planning proøcsscs such as development
of the Consolidated H&CD Plan and the HOME Consortium Woddng Group.
e. Requests fiom Pass-through Cities to use the balance of planning ceiling, ü available,
to cover 8dditiònal administrative costs will take påority over ",!uests for planning
projects.
D. Pass-through City staffwho arc supported with edmiDistrativc funds would also be
e:xpcctcd to assist in preparing and/or prcsco1iDg infotmation to the Committee.
v.
USE OF P!ffiLlC SERVICE F! JNDS
A Pass-through City may reserve a portion of its entitlement sbaR to cover public SCtVÍce
activities; however, the amount must be tCSCIVCd by spring of each year and will be based
upon the city's proportion oflow- and moclcratc-income persons. as dcIincd by HUD.
\--1-,\
VI.
PROGRAM INCOME
A The ParûcipatingjuriSdictioß must inform Kißg County of any income genC<2ted by
the expenditure ofCDBG funds received by the participatingjurisdiction.
B. Any such program income is subject 10 requirements sCt forth in Section ll(G) oftlús
Agrocn,enl
c. Any program income the participating jurisdiction is authorized 10 retain lIlay only be
USed for eligible activities in accordance with all applicable CDBG requirements.
D. King County bas the responsibility for moniloring and reporting 10 HUn Oß the use of
any such program income and thereby requires appropriate IeCOrdkccpißg and
rcpol1ing by the participating jurisdiction as staled in the signed certification 10 receive
"Pass-through City" status and in each city's contract 10 receive CDBG planning and
. administmion funds.
E. In the cvœt of elosc-oul or change in status ófthe participatingjurisdiclion any
program income that is on band or received subsequent 10 the close-<>ul Ot c~e in
status shaD be paid 10 King County Consortium.. ...
VII. REAl. PROPRII,",,:
A. Participating jurisdictions owning community fàcilities acquired or improved in whole
or in part with CDBG funds must comply with change of use rcstrictiOllS IS required
by HUn and the policies adoplcd by the Commillcc IS found in the Consolidated
H&CDPIan. .
B. The participating jurisdiction must notify King County prior 10 any modification or
change in the use ofreal property acquired or improved in whole or in part with
CDBG 1iznds. This includes any modification or change in use from that planned ot
the time of the acquisition or improvcmen~ including disposition.
C. The jurisdiction shaI1 rcimbtnsc King County in an 8ß1OUDI cquallo the Cturcnl fair
mazkctvaluc (less anyportion Ih=faUnõulable 10 cxpcnditnros ofnon-CDBG
funds) ofproperty acquired or improved with CDBG funds that is sold or II1InsfClTcd
for a use which docs not qualifÿ under the CDBG rcgu!ations.
D. Program income gcncratcd from the disposition or. transfer of property prior 10 or
subscqucntlo the cJosc..out, change of status, or Icmûnation of the COOpCr3tion
agreement !>«ween the county and the participating jurisdiction shaI1 be subject 10 the
requirements set forth in Section n(G) and Section VI.
VllL 1OINTRF.coMMmmATrON!: COMMlT'rlm
A loint RccommcndatiOllS Commillcc shaI1 be established.
A ~- The Committee shaI1 be COtIIpO$Cd of four County CC m:SœIatjves and
live Cities rq>æscnIativcs. The four Conaty rcpn:sentaIjvcs may be Dcpamncnt
Directors Ot their designees, and/or citizen rqn=lativcs from 1IIIÍIICoIporat
commtmitics. Conaty CC nScntativcs shaI1 be specified in writing and should, wbcrc
('OSSIõlc, be the same person COIISÏStcnIIy from mCCling 10 meeting. The live partici-
pating city rq>æscnlativcs and their allcmalcs will include city planning ditocIolS or
comparable level stafJ; or elected officials. Two city tqICeSCtIIativc and their
allcmatcs will be from the notthlcasl IqIion of the County and two city representatives
and their allcmales will be from the south IqIion of the County. An additional
"""'lYing position on this Commillcc shaI1 be rotated between the HO~y cities
of Aubwn and BeUCYUC. The revolving position will be -voting. crccpt on issues
related 10 the King County HOME Consortium and other federal housing-nolated funds
(excludingCDBG).
H- o
B. Aooointments. The King County Executive shall appoint the four County
represent2tivcs (no more than one represent2tive for cacl1 Wlincorporatcd commWlity
or Department)- The Suburban Cities Association will select eight diffcn:ot
jurisdictions, four 10 serve as membcn¡ and four as altcmaIes, who in turn, will assign
reprcscntalÌves 10 this Committee. Terms of office sball be for tWo years. Priority for
one of the positions will be fot. small city represent2tive. The revolving HOME
position will be appointed annually by the respective jurisdiction. Members of the
Committee sba1I serve at the pleasure ofthcic respective appointing authorities.
The chairpcn;on aDd vicc-chairperson of the Committee sba1I be chosen ftom among
themembelS of the Committee by. majority vote of the mcmbcrs fot. term of one
year beginning the first mecIÏDg of the calendar year. Attendance of five mcmbcrs will
constitute. quorum.
c. powcn¡ and Dutjes. The Committee sba1I be empowered 10:
I. Review and rocommend to the King County Executive all policy matlcn¡ on the
Consortium" CDBG and HOMB Program including the amount of administrative
sctaside, prioritiesgnveming the use of the public services setaside, and projects
or ptognuns to be funded .with the program income ftom commWlity development
interim loans and Section 108 loan guarantees (as allowed in Section 108 of the
Act).
2. Review,lOCOIIIIIlend, aDd endorse the Consolidalcd H&CD PIm required by
HUD.
. 3. Review plm and program disagreements between the County and participating
jurisdidioai aDd offer n:eommendations to the King County Executive.
4. Review aDd recommend sanctions to be imposed on cities for fai1urc to meet
responsibilities as contained in Section X of this Agreement. Any recommended
sanctions will ensure that the city's low- and modcnle-income residents continue
to benefit /i'Om CDBG Iimds. Sanctions will be imposed to prevent the King
County Consortium from 1osing. share of its eotitlaneot doe to participating
cities' inability to meet fedemI requirements.
S. Review aDd recommend projects for 1ùnding under the Section 108 loan guarantee
program (as allowed inScction 108 of the Act).
6. Review and recommend projects for funding ftom the mmúnder of any new Pass-
through City's timds irthat new Pass-through City chooses to tab: only. partial
pass-tbrough (ct: Section n.C.6 above).
IX.
RESPONSlBn.ITIF.~ AND DlJTIES OF THE KING COUNTY HOUSING AND
COMMI JNITY DEVRJ .oPMENT PROGRAM ST API'
Those King County Housing and Community Development Program Staff positions which
are funded through the administrative setaside, bercinaftcr refem:d to as the Stall; serve as
stalflo all Consortium partncn¡ and the Committee and provides liaison between the
Consortium andHUD.
A. ResnonSl",1ities 10 the Joint Recommendations Committee. The Staff shall:
1. Solicit aDd present to the Committee all applicable fedeœl and County policy
guidelines, opccial conditions, and formal rcquin:menls Idatcd to the preparation
of the Consolidated H&CD Plan. and related to administration of the prognuns
under these plans.
2. Prepare aDd present written materials requited by HUD and the Metropolitan King
County Council as components of the Consolidalcd H&CD PIm to be prepared
pursuant 10 this Agreement, including but not limited to: coUection and analysis
or data; identification of problems, needs and their locations; development or long
H-q
6
'-'--..- .m
and short lcan objectives; consideration of allemative strategies; and preparation
of the administrative budgcl.
3- Prepare and P~11o the Committee policy evaluation reports or
recommendations, and any other material deemed necessary by the Committee to
help the Commillcc fi1Ifill its powers and duties. .
4. Collabomc with ciiy slaffwotlång groups and pr=11o the Commillcc specifie
sanctions 10 be imposed on cities which fail 10 mcclthcir respoIIStòilities as .
coutained in Section X and as cootained in specific annual a¡¡r=nents.
B. RCSDODSlòilities 10 Iurisdicdons Which are Parties 10 This Al!fCC!t1enl
The County will develop straIcgic plans which will identifY community developmenl
and housing needs and slralcgies 10 address lúgh priority needs in the balance of the
County in accordance with the primary objectives and req1Úrcmenls of the M.. The
Consolidated H&CD Plan, including the local program strategies will meet the HUD
rcquùcmenl for a Commuuity Development Plan. The straIcgies outlined witbin the
Consolidated H&CD Plan will be consistent with local comprebcosivc plans being
developed under the Growth Management Act.. The Staff shall: . .
1. Prq>arc and pr=1 to the King County Executive and Council materia! ncccssæy
for the approval.ofthe County and Small Cities portion of the annual program.
2 Presenllo the Metropolitan King County Council the Consorti1DU'. annual
program for adoption. .
3. Distribute 10 participatingjurisdicdons, prior 10 any mc decision based upon it,
information cooccming proposals having implications for Consortium-wide
timding (cf: section n above). The county will incorporate jurisdicdons' fccdback
in materials fOtWlRlcd 10 the mc or Metropolitan King County CounciL
4. Provide regularwrittcn ¡q>orts outlining the outcomes and costs of the
Consorli1DU wide Housing Stability and economie development programs such
thai this infomtation is avoi1abte fucparticipatingjurisdictions' review and
comment prior 10 the mc'. decisions on the programs' budgets fuc the tOnowing
year, and provide c¡uartèdy status reports 10 the pass-Ibrough cities on those
housing repair programs and capital projects which the county is administcri:tg on
bcbalf of the pass-through cities. .
S. Admioistcr the Consorti1DU'S CDBG Program:
. help 10 identify needs in communities;
. provide assistanee in intaprcting HUD regulations;
. provide IcchnicaI ~ 10 cities as ncc:cssæy 10 enable them 10 mcct their .
responsihilities as partners 10 the Agreement;
. assist in the dcvclopment of viable CDBG proposals;
. review a11 proposaJs tOr CDBG funding;
. inform participalingjurisdicdons in a timely way of the amount of capital
doßars avaitable for distribution regionally and Ibe reqUÌRmCalS regarding
eligibility fuc them.
. develop contœ:Is for funded projects in a timely fashion; publie (human)
services prognuns have a lúgh priority and will receive auchorization to
proceed witbin IS worlcingdays ófthe beginning of the pmgramyearifa\1
relCV3I11 information needed 10 prepare the contracI has been submitted;
. monitor subrccipient and city-funded projects; .
. monitor and cnfurcc compliance with the federal wage and relocation require-
ments;
. reimburse a\1 eligtòle costs;
. prepare and submit rcquiml documents and reports 10 HUD; and
7 H-IL
. provide oversight of Ibe CDBG Consortimn \0 ensure compliance wilb all
federal r<quircments.
6. Upon request by a Pass-through City, .taffwill develop, administer, and implement a city's
CDBG-funded contract. Additionally, multi-jwisdictional projects funded by King County andlor
one or more cities will be developed and implemented by Staf[
7- King County sball dclcrn1inc, wilb Ibc advice ofrcprcscntatives fiom small cities.
Ibe use of \be County and Small Cities Funds in a mannec consistent wilb the
ConsoIida1cd H&CD Plan including its local program stIatcg;es-
x.
RESPONSlBILmES AND POWERS OF PASS-THROUGH CmES
In older to receivc a direct &hare ofthc entitlCl1len~ Pass-Ihrough Cities participating in this
Agreement sball have the following responsibilities and powCt$:
A. Pass-Ihrongh City Councils may adopt local strategies which will addn:ss community
development and housing needs in coordination with \be Consortium', timcline for
consolidated planning effort and which will be consistent with ~ comprehensive
plans being developccl undec the Growth Management A£t.
B. NotifY the County of the citizen participation activities undertaken by locaIjwisdic-
tions .. well.. any changes made by \be jwisdiction \0 funded CDBG activities in a
timely manner.. referenced undec Section m(D).
c. Each Pass-tbrough City shall cxcrcisc local discrecion in dctennining \be use ofits
pass-lhrough funds in a mannec that (I) is consistent with the Consolidated H&CD
Plan, (2) rccognius \be federal requirement at 24 C1'R Part 570.2 that a minimum of
70% orthe funds be spent on activities benefiting primarily low and moderate income
persons, and (3) is in acconIance with the Consortium', schedule for submission to
HUD.
D. City legislative bodies sball approve or disapprove via motion or r=lution all CDBG
activities, locations, and budgets submitted by PasHhrough City olaf[ Notice of these
actions arc \0 be forwarded to the County in a timely manner.
E. Pass-tbrough City staff sball review all project ptO lOS&ls for consistt:IIcy with federal
threshold requirements and Consortium-wide and odJC< fcdcral rcquircmcnts pñor to
submission to the County, and ensure that all relevant infotmatton necessary to
prepare a contract is submitted to the County in a timely manner.
F. Pass-tbrough City staffsball assist in the development oftbe Consortium-wide
Consolidated H&CD Plan ":hich includes housing aod other community development
needs, rcsoun:es, strategies, and adopted projects.
G. Pass-through City staff sball implement CDBG-f\mded projeccs witbiD the program
year and submit both vouchCt$ and teqUircd reports to the County in a complete and
timely manner. .
IL Pass-tbrough City staff shall participate in othec Coosortium-wide planning activities
such.. HOME policy development and monitoring ~ Housing Stability Program.
L Pass-Ihrough City staff ,hall collaborate with County statrwmking group and present
to \be Committee specific sanctions to be imposed on cities which WI to meet their
responsibilities .. contained in this section and .. contained in specific annual
agreements.
J. Each Pass-through City shall examine its role in rccognizing II1'CI addressing regional
or Consortium-wide needs and may participate in a COOIdinated funding approach wilb
othec jurisdictions and the Cotll1ty to serve their resiclcnts.
\-1-13
'",-.
XI-
RESPONSffin_l'frns OF OTIffiR CONSORTßIM CITIES
Other Consortium cities must apply for funds through the annual County and Small Cities
application process. The Small Cities sball:
A Coordinate with County Staffin identifYing commUIÙty development needs and
strategies for addressing them.
B. Prepare applications for CDBG funds to address local needs.
C- Obtain city couneilauthorization for proposed projects.
D. Cany out funded projects in a timely manner-
XlI.
RESPONSffiILITIF-S OF ALL PARTlCTPATIN('¡ JlJRISDlCTlONS
A Each participating jurisdiction sba1I fulfill to the County's satisfaction all relevant
requirements of fedCla! Laws and regulations which apply to King County as applican~
including assurances and certifications described in Section XlV(D).
B- Each participating jurisdiction or coo¡>emting UIÙt of genera11ocaI government has
adopted and is enforcing:
I. a poli.:y proluõiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and
2. a policy enforcing applicable State and loca1laws against physically barring
entrance to or exit ñom a Jicility or location which is the subject of non-violent
civil rights demonstrations withinjurisdictions.
C. PIIISU8Il\ to 24 CFR S70.s01(b), all partioipating UIÙts ofloca1 government are subject
to the same rcquircmcnts applicable to subrecipients. excluding the CouDty's Minority
and Women Business Enœqniscs rcquimncnts. The applicable requirements include,
but arc not limited to, a writt<:n agreement with the County which complies with 24
CFR 570.503 and includes provisions pertaining to the following items: statement of
worle; m:onls and n:ports; ¡nogram income; uniform administntive items; other
. program requirements; conditions for religions organizations; suspension and tcmü-
nation; and reversion of assets.
D. All participating UIÙts oflocal govcmmcnl understand that they II12Y not apply for
grants under the fedCla! Small Cities or State CDBG Programs which receive separate
entitlements wm HUD duriDg the peñod of participation in this A¡¡rccment.
Consortium cities which do not receive a direot pass-through ofCDBG funds may
apply for grants under the Counly and Small Cities Fund.
E. All UIÙts ofloca1 goVCQIIDent participating in theCDBG urban county through this
agreement understand that they arc also part of the mtian county for the HOME .
program, and may participate in a HOME program only through the urban county-
xm. RESPONSffin ITIF.S AND POWERS OF KINO COUN'IY ON BEHALF OF THE
CONSORTßIM
King County shall bave the following responsibilities and pow=:
A The King County Council sba1I bave authority and rcspoOsibility for all policy matters,
inclucfing the Consolida1cd H&CD Plan, upon review and recommendation by the
Committee. .
B. The King County Council sball bave authority and responsibility for all fund allo-
catioo matters, inCluding the approval of the annual administrative setaside and the
approval and adoption of the Consortium's annual CDBG Program.
H-ILj
C- The King County Executive shall have the authority and responsibility 10 approve
requested ehanges to the adopted annual CDBG Program in the following
circumstances:
1. The requested change is to a Pass-through City's portion of the adopted annual
program, and the change is rcqucsted by the legislative body of the Pass-tIuough
City; or
2. The requested change is in the County and Small Cities portion of the adopted
annual program, and it is limited to acbange of project scope or change of project
implementor in a specific project, and it is requested by the subrecipient, and the
change is made in consultation with the Councibnember in whose district the
project is located. .
D. The King County Executive, as administrator of this CDBG Program, shall have
authority. and =ponsibility for a11 adrninisIrative requirements for which the County is
responsible to the federal govemmenL
E. The King County Executive shall have authority and responsibility for a1Ilimd control
and disbmsements. . .
F- Notwithstanding any other provision contained in this Agreemen~ the County as the
applicant for CDBG timds bas responsibility for and assumes a11 obligalioDs as the
applicant in the execution of this CDBG Program, including Iina1leS 1O11S1õility for
selecting activities and annually submitting Action PIaDs with HUD. Nothing .
contained in this Agreement shall be co-ed as an abdication of those responsi-
bilities and obligations.
XIV. GRNERAL TERMS
A. This Agreement sha1I extend through the 2000, 2001, and 2002 program ye3lS, and
wiIIlCID3În in effect until the CDBG timds and prognnn income received with ICSpCCI
to activities carried out during the threo-year pcrlod are expended and the fimded
activities completed. This agreement will be automatica11y n:n."Wed forparticipation
in successive threo-yearqualificalion pcrlods, unless the county or the city provides
wñtten notice that it elects not to participalc in the new qualificalion period by the clate
set forth by the United Stales Department of Housing and Ulban Development in
subsequent Utban County Qualification Notices. KiDg County,lS the official
applican~ shall have the authority and responsibility to ensure that any property
~Wedor~edwithCDBGlimc1aisd~œormedin~with
. fcdctal regulations.
B. Pwsuant 10 24 CFR Part S70.307(d)(2}. during the pcrlod of qualificatiOllDo included
unit of general local government may tenninate or withdraw Iiom the agreement while
it n:mains in eÍfect. .
C. It is understood that by signing this Agreement the jurisdictions sba11 ogœe 10 comply
with the policies and implementation of the Consolic\aled H&CD Plan.
D. Parties to this Agreement must take all rcquired actions neceswy to ISSUR
compliance with KiDg County's certificalion required by Section IO4(b} of Title I of
the Housing and Cotnmunity Development Act of 1974, as -ended, including Title
VI of the Civil Rights Act of 1964, (Title ill of the CivJ1 Rights Act), the Fair Housing
Act as _ended, Section 109 of Title I of the Housing and Community Development
Act ofl974. as amended, the Americans with Disabilities Act of 1990, and other
applicable1aws.
E. No CDBG limc1a shall be expended for activities in, or in support of any participating
city that does not affmnatively further fair housing within its ownjurisdiction or that
impedes the County's actions to comply with its fair housing certification.
10
H-15
P- It is recognized tbJI! amendment of the provisions of this Agreement mayboeomc
oe<:essa1y, and such amendment Ehall take place when all parties have executed a
written addendum to this Agreement. The city and the county agree 10 adopl any
amendments to the agreemenl incolpOrating changes necessary to meet the
requirements for cooperation agr<cmenls sot forth in an Urban County Qualification
Notice applicable for a subsequent three-year qualification period, and to submit such
amendment to the United Slales Department of Housing and Urban Development.
Failure 10 adopl such amendment will void the automatic renewal of ouch qualification
period.
G. Calculations for detennining the number oflow- and moderate-income persons
residing in the County and cities Ehall be based upon official HUD approved 1990
Census data, and on the officialannua1 estimates of populations of cities, towns and
communities published by the State of Washington Office of Program Planning and
Fiscal Ma!1agcment.
It Participating jurisdictions shall be considered to be those jurisdictions wlùch have
signed this Agreement.: .
L 1urisdictioOs undcrtalång activities and/or projects with CDBG funds cfislributod under
this Agreement retain fW1 civil and criminaI liability as though these funds w=
locally generated.
K.
1. King County ráains environmental œview i1:sponsibility for pwposes of fuItiUing
requiremCOlts of the National Environmental Policy Ac~ under which King County
may requm. the Ioca1 ÍOCOIp<ntcd jurisdiction or contractor to furnish data,
information, and assistance for King County's œview and assessment in dctc:nnining
whether King County must pn:por<: an Enviromncntal Impact Statement
Jurisdictions retain n:sponsibility in fulfilling the requirements oftbe State
Environmental Policy Act under which King County has œview responsibility
only, .
KING COUNTY, WASHINGTON
PARTICIPATING CITY OR TOWN
~4-
. KingCoun 'vc
~~tt7
Dr,:};
)(t=ttI,tIe7N ¿Z, ;(}Y~~6=--
Name and Title (Print) &7)' ~A'6se...
Nam~""1'3wn
ZbL!zY
Date Signed
Approved as fD Conn:
Cl58 (J118l97)
£c£:.,,~~,A'_. ~
Lond; Undd~ city Aicomey
II
H-I (p
8
Attachment 3
King County
Department of
Community and Human Services
8aroaraJ. Glctne. Direc'ar
821 Second Avenue. Suite GOO
Seattle, WA 98104-1598
(206) 296-7689
(206) 296-5260 FAX
(206) 296-5242 TIYffDD
. RECEIVED BY 1'N'
COMMUNJTV 111'\Æl.OPMENT 01'P!\1<T» -
MA'f 0 8 ZOOz
May 6, 2002
The Honorable Jeanne Burbidge
Mayor, City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718
Dear Mayor Burbidge:
I am writing to invite the City of Federal Way to continue participating in the King County
Community Development Block Grant (CDBG) Consortium under the existing joint agreement
arrangement as well as the King County HOME Investment Partnerships (HOME) Program
Consortium. The Interlocal Cooperation Agreements (ICAs) for the CDBG Consortium and the
King County HOME Consortium cover 2000-2002. This letter is to notify you that these ICAs
will be automatically renewed for the years 2003-2005 unless the City of Federal Way notifies
King County and the U.S. Department of Housing and Urban Development (HUD) that it has
decided to not participate in one or both of them during the 2003-2005 tenn.
Benefits of King County CDBG Consortium
Although the City of Federal Way qualifies as a "metropolitan city" and can therefore receive a
CDBG entitlement, over the past several years, the City of Federal Way has chosen to defer this
status and participate in the King County CDBG Consortium under a joint agreement. Under the
joint agreement, King County administers the City of Federal Way's CDBG entitlement 'jointly"
with the King County Consortium funds. There are several important advantages to ajoint
agreement:
First, the City of Federal Way receives more funds. The King County Consortium joint agreement
guarantees the higher of (1) the amount calculated by the King County Consortium's fonnuIa, or
(2) the HUD 'entitlement amount (in both cases, less a pro rata share of the administrative costs,
which are low due to the Consortium's economy of scale). The City ofFederaI Way city retains
control over the choice of activities to be funded.
Second, the City of Federal Way can take adyantage of Community Development Interim ("float")
Loans for economic development or public improvement projects. King County administers a
large amount of CDBG funds on behalf of the Consortium and therefore can make sizable loans.
\-\-1\
The Honorable Jeanne Burbidge
May 6, 2002
Page 2
Third, the City of Federal Way would haye more CDBG funds available for human services.
Under federal regulations, entitlement jurisdictions are limited to spending no more than 15
percent of their grant (plus program income) on human selVice$. The Consortium is able to make
this higher amount ayailable for human services because of the large amount of program income
the Consortium is able to generate through its Community Development Interim Loan program
and other income-producing activities.
Pleasenote that the joint agreement modifie$ the King County CDBG Consortium configuration
with respect to census block groups. This change may affect the relative ranking of specific block
groups by quartile, thus affecting the minimum percentage oflow- and moderate-income
population necessary to qualify public improvement projects for CDBG funding. We cannot
confirm at this time how this percentage will be affected, but we have requested this information
ITom HUD and will proyide it to you when we receive it.
Benefits of the King County HOME Consortium .
Participation in the HOME Consortium is advantageous for the following reasons:
. The City of Federal Way may apply direCtly for HOME funds to help meet locally identified
affordable housing needs.
. The City of Federal Wayy can take advantage of scarce financial resources for the
development of affordable housing for those in the community on fixed or limited income$.
. The City of Federal Way may utilize HOME funds to support the rehabilitation and
preservation of affordable priyately-owned multifamily rental housing.
. The City of Federal Way can participate in the city/county staff-working group that develops
recommendations for the inter-jurisdictional Joint Recommendations Committee on program
policies and specific projects to receive funds.
If your City decides to not participate in the King County CDBG Consortium andlorthe .
King County HOME Consortium for the 2003-2005 term, youmust notify the County and
HOO in writing, no later than June 3, 2002. A decision to be excluded would be effective for
the entire thfee-yearperiod (January I, 2003-December 31,2005). .
If King County and HUD do not receive notice ofyorir decision to be excluded by the June 3
deadline, the City of Federal Way will continue to participate in the Consortium. The existing
ICAs include automatic renewal proyisions and no further action is needed at this time.
\-\-\ <6
.'
The Honorable Jeanne Burbidge
May 6, 2002
Page 3
If the City of Federal Way decides to be excluded from the King County CDBG Consortium
and/or the King County HOME Consortium, please send written notification to:
Linda Peterson, Manager
King County Housing and Community Development Program
821 Second Avenue, Suite 500
Seattle, WA98104
and
John W. Peters, Director
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
909 First Avenue, Suite 300
Seattle, W A 98104-1000
Linda Peterson is available to meet with you if you wish to discuss King County's CDBG and
HOME Programs. Please contact her at (206) 296-8661 to arrange an. appointment, or receive
additional information.
-
Barbara J. Gletne
Director
cc: Ron Sims, King County Executive
John W. Peters, Director, Office of Community Planning and Development,
U.S. Department of Housing and Urban Development
Lydia Assefa-Dawson, Community Development Coordinator
Sadikifu Akina-James, Manager, Community Services Division
Linda Peterson, Program Manager, Housing and Community Development Program
\-\-\,
Attachment 4
(253) 661-4000
Federal Way, WA 98063-9718
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
May 10, 2002
Human Services Commission .
Kelli O'Donnell, CDBG Coordinato~
Renewal of lnterlocal Cooperation Agreements for King County Community
Development Block Grant (CDBG) Consortium and/or the HOME Consortium
Background
At the March 18, 2002 Human Services Commission meeting, the Commission considered
whether, or not to recommend the City of Federal Way return to direct entitlement for CDBG
funds. At that time, staff recommended remaining part of the King 'County CDBG Consortium in
order to minimize staffing costs through reduced administrative requirements. Since that. time,
King County Department of Housing and Community Development has distributed the
estimated 2003 CDBG pass-through allocations which includes the estimated administrative
set-aside forKing County.
In 1994, the Council directed that the City of Federal Way join the King County CDBG
Consortium (an urban county entitlement). Membership in the consortium is accomplished
through an interlocal cooperation agreement (ICA) with a three-year term. The current ICA
expires at the end of 2002 and will automatically renew for another three years, unless: King.
County is notified that the City of Federal Way wishes to withdraw from the consortium .by June
28,2002. -
The amount of funds the City of Federal Way would receive as a direct entitlement has had a
modest increase annually while the amount received through the King CountyConsortíum has
decreased slightly. Additionally, the King County administrative set aside has continued to rise,
which reduces the amount available for cities to administer local CDBG programs. . The
following charts show the CDBG funding history for 2000-2003
-i'dL- '.;..Federal WayHisJory..,,:-.._~ ~_...
'~--.'\:~CI:5BGd.<:'. .'., ': ..;" King Coùnty:Consortium
;;FU~èfYeqrDireqtEntitlemënt ,:,..'. ",: ,:.cpâssThrough
20QO
2001"
2002
2003"
$ 589,000
$ 608,000
$ 616,000
$ 616,000
$' 515,000
$ - 514,205
$ 517,385
$ 505,094
"preliminary estimates based on 2002 entitlenients
\-\- 2ü
2000
2001
2002
2003'
% Change 2000 to
2003
$ 7,013,000
$ 7,303,000
$ 7,191,000
$ 6,604,000
$ 82,641
$ 75,694
$ 66,056
$ 57,765
$ 117,800
$ 121,600
$ 123,200
$ 123,200
-6%
-30%
5%
'preliminary estimates based on 2002 entitlements
CDBG Funding 2003
The City of Kent is withdrawing from the Consortium effective 2003 and will become a direct
entitlement community. Due to Kent leaving, CDBG entitlement, King County Consortium will
be reduced by $587,000. On April 19, 2002, the remaining Consortium cities were provided
King County's proposed 2003 administrative set aside and the cities projected 2003 pass
through amounts. King County's administrative set aside was 'not reduced after Kent's
departure but had actually increased by 9% over 2002. As a result, Federal Way's pass
through allocation will be reduced by approximately $12,000 and the amount available to spend
on planning and administration for Federal Way's CDBG program will be reduced by
approximately $8,000. The projected pass through for Federal Way will not cover the expenses
for the current staffing level for it's CDBG program. If Federal Way continues as a member of
the King County Consortium, either staffing will need to be reduced or the City will need to
assume a portion of the cost. Additional planning and administration funds can be requested
from the Consortium, however, the amount of funds available will not be known until the end of
2002. If Federal Way, does receive additional planning and administration funds, the amount
available for capital funds will be reduced Proportionately.
Returning to Direct Entitlement
Although Federal Way would receive more funding for CDBG programs and planning and
administration activities as a direct entitlement, the City would assume all of the monitoring and
reporting responsibilities required by HUD. Further analysis is needed to determine whether the
projected funds available for planning and administration would be sufficient to cover staffing
costs. Additionally, the City of Federal Way would be required to complete a Consolidated
Housing and Community Development Plan that must be Completed before the release of
CDBG funds. The Consolidated Plan entails an extensive planning and public participation
process. The City of Kent utilized an RFP process to hire a' consultant to complete their
Consolidated Plan with a budget of $45,000. Federal Way has not budgeted any funds to
complete a Consolidated Plan for 2002-
If the City of Federal Way chooses to retum to a direct entitlement, program income and c_)
recaptured funds from prior participation in the Consortium would be returned to the Consortium
and not the City. Any future program income or recaptured funds resulting from programs
H-L\
funded as a direct entitlement would return to the City. Federal Way's share of the King County
Consortium program income for 2003 is estimated to be $46,706- Estimates for Federal Way's
2003 recaptured funds have not been provided by King County yet. Staff is currently aware of
$126,000 that would be recaptured in 2003 by Federal Way as a consortium member.
Attachments
The following attachments are provided as additional information for the Commission's review:
. Correspondence from the King County Department of Community and Human Services
. A graph of the King County Consortium annual entitlement and setaside
. Consortium Pass-through vs- Entitlement Amount Comparisons for 2000-2003
. An updated Analysis of CDBG Issues
. Memorandums to the city councils of Kent and Renton with Analysis of CDBG Issues
. A glossary
Automatic Renewal of HOME Interlocal Cooperation Agreement
The King County HOME Consortium includes King County and all cities within the county with
the exception of Seattle. HUD gives one HOME grant to the Consortium each year, which is
administered by King County Housing and Community Development. There i$ no pass-through
system for HOME funds and Federal Way does not meet the minimum threshold to stand alone.
Non-profit housing developers apply directly to King County for use of funds. Member cities
and the Joint Recommendation Committee (JRC) are involved in project selection. Similar to
the King County CDBG Consortium, membership in the consortium is accomplished through an
interlocal cooperation agreement (ICA) with a three-year term.. The current ICA expires at the
end of 2002 and will automatically renew for another three-year period. No action is
recommended at this time.
Staff Recommendation
The City of Federal Way will need to make a commitment by June 28, 2002, either to remain in
the King County CDBG Consortium for 2003-2005 or become a direct entitlement. Staff is
continuing to research staffing issues and funding and the feasibility of completing a Housing
and Community Development Plan.
Staff will present a recommendation at too May 20, 2002 Human Services Commission meeting
for consideration. Options would then"be brought forward to the Council in June to either
formally accept the King County Consortium Pass Through or notify King County that Federal
Way will become a direct entitlement community in 2003.
The King County HOME Interlocal Cooperation Agreement will automatically renew for another
three year period. No action is recommended at this time.
I will be glad to answer any questions the Commission may have at the May 20, 2002 meeting.
Please contact me at (253) 661-4153 or kellio@fedway.org if you have any questions regarding
the information provided.
\-\-7- L-
Attachment 5
(253) 661-4000
Federal Way, WA98063-9718
May 22,2002
Ms. Barbara J. Gletne, Director
King County Department of Community and Human Services
821 Second Avenue, Suite 600
Seattle, WA 98104-1598
Dear Ms. Gletne:
Thank you for your letter of May 6, 2002, notifying the City of Federal Way of the opportunity
to continue participation in the King County Community Development Block Grant (CDBG)
Consortium and the King County HOME Investment Partnerships (HOME) Program
Consortium. I understand, per e-mail from Kathy Tremper on May 9, 2002, that we must
notify King County and the U.S. Department of Housing and Urban Development (HUD) by
June 28, 2002 if the City decides to not participate in one or both of the consortiums.
As you are aware, the City of Federal Way is a CDBG entitlement community that has
chosen to participate in the King County Consortium since 1994. Since joining the .
Consortium, the City has continually evaluated the benefits of receiving CDBG entitlement
through the Consortium. .
Although membership in the King County Consortium has been an economical way of
providing CDBG projects and programs to benefit the low- and moderate-income residents of
Federal Way, the City has the following concerns regarding the increasing administrative'
costs of the CDBG Consortium. .
1.) The set-aside has increased every year since 1996, causing the amount available for
most cities to decrease annually: The proposed 2003 CDBG administrative set-aside
budget is a 9% increase over the 2002 set-aside. The preßminary CDBG estimates
for 2003 project a reduction in funds available to allocate to Federal Way's CDBG
projects and administration, largely due to the increasing costs of administeñng the .
. Consortium's CDBG program.
2.) The City of Kent has announced its departure from the Consortium effective 2003. The
Consortium's CDBG entitlement will be reduced by $587,000 with the City of Kent's
departure. However, it is my understanding that there has been no reduction in the
County's CDBG administrative costs, resulting in higher costs to the remaining cities.
The combination of these two factors have caused Federal Way's 2003 share of King
County's administrative set-aside to increase by over $20,000 without a corresponding
increase in service.
\-\- ?-~
Ms. Barbara J. Gletne, Director
May 22. 2002
Page 2
The City of Federal Way is currently evaluating the benefits of returning to direct entitlement
status effective 2003- Reductions in human services funding at the state and county level are
expected to continue to impact the low- and moderate-income residents of the City of Federal
Way. It is imperative at this time for Federal Way to seriously consider how the CDBG
program can most effectively benefit our community.
In the event that the City of Federal Way decides to remain in the Consortium for the 2003-
2005 term, we would like to work with King County and participating jurisdictions to amend
the current CDBG Joint Agreement to address the following issues:
. Review of King County administrative costs
. Review of the formula used to calculate whether entitlement communities receive the
Consortium formula amount or entitlement amount
. Opportunities for participating jurisdictions to have input into items brought forward to
the Joint Recommendation Committee
. Sixty-day notice to cities when items require local Council action
. Improved reporting of County managed projects
The purpose of this letter is to alert you and the Joint Recommendations Committee (JRC) of
Federal Way's concems and request your help. A response to the above issues would help
us better evaluate whether or not to remain in the King County Consortium. In order to meet
the June 28 deadline, I would appreciate a written response by June 7, 2002. We appreciate
the valuable service the County has provided over the past years but we must continue to
evaluate how to provide the best service to our residents. We will notify you by June 28,
2002 whether or not the City of Federal Way will remain in the King County CDBG .
Consortium for the 2003-2005 term.
cc:
Joint Recommendatio s Committee
Ron Sims, King Coun Executive
John W. Peters, Director, Office of Community Planning and Development, U.S.
Department of Housing and Urban Development.
Sadikifu Akina-James, Manager. Community Services Division
Linda Peterson, Program Manager, Housing and Community Development Program
Kathy McClung, Director of Community Development
Lydia Assefa-Dawson, Human Services Manager
t1- 2~
8
b~c .
~ O'D~(
Fd. iJ'j ~ ~j~
King Conney
Department of
Community and Human Services
Rall"""j. Gleim', tJ"cclm
821 Second Avenue, Suite 600
Seattle, WA 98104.1598
(206) 296.7689
(206) 296.5260 FAX
(206) 296.5242 TTYtrDD
~O!",,! /NITY ~~ÇEIVED BY
,1'1 ()P\\P~T ]PDARn.'t'NT
JUN J 1 2002
June 6,2002
Dayid H. Moseley, City Manager
City of Federal Way
Post Office Box 9718
Federal Way, W A 98063-9718
Dear Mr. Moseley:
Thank you for your May 22, 2002, letter regarding your concerns about the increasing
administrative costs of the King County Community Development Block Grant (CDBG)
Consortium.
Let me assure you that I too have been very concerned. I want to see as much of the funds as
possible going to housing and community development projects in our communities, and it
disturbs me to see administration taking an eyer larger share of the funds. I see three factors
contributing to this problem, and seyeral avenues open to us to address the problem.
First, the federal goyernment continues to layer on additional or expanded administratiye
requirements, such as lead-based paint, additional homeless planning coordination, and
Endangered Species Act Section 7 coordination. All of these responsibilities consume additional
staff time.
Second, not only has the federal CDBG appropriation not been increased to accommodate the new
requirements, it has not even kept up with inflation. The same number of CDBG administrative
staff people are trying to incorporate the new responsibilities into their work programs while also
trying to maintain existing services to Consortium cities. (please note that the workload for
existing services will not decline significantly when Kent leayes the Consortium because the
$587,000 reduction to the Consortium's entitlement is nearly offset by a $468,000 increase in
other funds such as CDBG program income, recaptured funds, etc.)
We are committed to addressing these problems. While we have no choice but to comply with the
increased federal requirements, we will certainly try to do so as efficiently as possible. In
addition, the Consortium's Joint Recommendations Committee (IRe) has asked us to draft a letter
for their signature to the Administration and Congress regarding these increased requirements and
David H. Moseley
June 6, 2002
Page 2
stressing the need for the CDBG appropriation to increase or, at the yery least, keep pace with
inflation.
Regarding the County's increased central costs, it is my understanding that the cities'
representatives on the JRC plan to send a letter to the Executive raising concerns and requesting
justification.
Finally, I want you to know that I believe it is possible to create administrative efficiencies.
However, to create them we will need your help, because it may mean fundamentally re-thinking
the Consortium's operating procedures and our interlocal and joint agreements. Clearly the time
has come to do that. My Housing and Community Development staff will be meeting with staff
from your city and other cities yery soon to begin discussing some alternatives and to address the
other issues you raise in your letter.
King County looks forward to working with your city and others to determine how we can best
meet our respectiye housing and community development goals with the most administrative
efficiency.
(~\,' ",i=,,~~ ~,
~3évr ~
(- B~~' ;~o/'. ~
Director
cc:
Ron Sims, King County Executive
Aya Frisinger, Mayor, City ofIssaquah and Chair, Joint Recommendations Committee
John W. Peters, Director, Office of Community Planning and Development, US
Department of Housing and Urban Deyelopment
Kathy McClung, Director of Community Development, City of Federal Way
Lydia Assefa-Dawson, Human Services Manager, City of Federal Way
Sadikifu Alcina-James, Manager, King County Community Services Division
Linda Peterson, Program Manager, King County Housing and Community Development
, . ~ ",<
. ',.Iii"""
. ",' ,.:.' \ .
, .
. .
MEETING DATE:
June 18,2002
ITEM# ~ ~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2003 COBG Pass-Through Acceptance
CATEGORY:
BUDGET IMPACT:
0 CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: I) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated
June 4, 2002. This includes a Pass-Through Acceptance form with proposed entries and information on the Federal Way
Housing Repair Program.
SUMMARYIBACKGROUND: As part of the City'sjoint agreement with the King County Community Development
Block Grant (COBG) Consortium, the City must annually elect to receiye a pass-through of CDBG funds. The pass-
through amount is an estimate of total CDBG funds ayailable to the Consortium for the next program year, based upon the
proposed federal budget for 2003. The Pass-Through is broken down into the three basic categories of COBG
expenditures which are: Planning and Administration, Public (Human) Services, and Capital Projects (eligible economic
projects are funded from the Capital Project amount). Additionally, the City is allowed to to indicate the amount of
capital pass-through funds to be allocated to the Federal Way Home Repair Program and request additional Planning and
Administration funds for 2003.
Additional Planning and Administration funds must be requested by consortium cities as part of the pass-through
certification process in order to be eligible. Cities that haye requested funds will be informed whether or not additional
Planning and Administration funds are available at the end of2002. Due to the projected reduction in Planning and
Administration funds ayailabe in 2003, the Human Services Commission recommended requesting $10,000 to coyer the
existing planning and administration costs for Federal Way's CDBG Program for 2003. The Commission also
recommends requesting an additional $10,000 to be applied toward the cost of preparing a Consolidated Housing and
Human Services Plan in 2003. Capital funds available to the City of Federal Way would be reduced proportionately if
additional Planning and Administration funds are received.
CITY COUNCIL COMMITTEE RECOMMENDATION: On June 10,2002, the Parks, Recreation, Human Services,
and Public Safety (PRHSPS) Committee yoted to forward the following recommendation to the City Council- Accept a
pass-through ofCOBG funds from King County for 2003, earmarking $120,000 of capital funds for the Federal Way
Home Repair Program and requesting an additional $20,000 for Planning and Administration.
PROPOSED MOTION: I move to accept the a pass-through ofCDBG funds from King County for the year 2003--
earmarking $120,000 of capital funds for the Federal Way Home Repair Program and requesting an additional $20,000 for
Planning and Administration.
CITY MANAGER APPROVAL:
~d..-~ f AßIHljl?~jy
(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 - 05t1 0/2001
5.G
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date:
From:
ir, Human Services Commission
nager
2003 CDBG Pa s-Through Acceptance
Via:
Subject:
Background
As part of the City's joint agreement with the King County Community Development Block Grant
(CDBG) Consortium, the City must annually elect to receive a pass-through of CDBG funds.
The form (Attachment 1) indicates the City's desire to receive a CDBG pass-through for 2003.
The form must be reviewed by the City Council, signed, and submitted to the County prior to
June 28, 2002.
The County Consortium estimates the amount of CDBG funds that will be available to
Consortium members for the next program year. This estimate is based upon the President's
proposed 2003 budget. As budget deliberations continue at the federalleyel, the estimate may
be adjusted. The final 2003 CDBG allocation for the Consortium will be set by the U.S.
Department of Housing and Urban Development in mid-December 2002.
CDBG in 2003
The City of Federal Way's share of the Consortium's estimated 2003 grant is $551,800
consisting of $505,094 CDBG pass-through and $46,706 of program income. The estimate is
broken down as follows:
Planning and Administration
Additional Planning and Admin Requested
Public (Human) Services
Capital Projects
Housing Repair Program
Economic Development Set-aside
Discretionary Capital Projects
$57,765
$20,000
$90,714
$120,000'
$82,770"
$180,551
$383,321
Total: $551,800
. Additional information on Housing Repair provided in Attachment 2
.. Represents15%of$551,800
Additional funds available to the City may be added in July 2002. These are recaptured or
unspent funds from prior year CDBG projects and funds from CDBG projects that generate
program income (repaid home repair loans and other county-wide loan programs funded with
CDBG).
Staff Recommendation
Staff recommends accepting a pass-through of CDBG funds from King County for the year 2003
and earmarking $120,000 of capital funds for the Federal Way Home Repair Program.
b-\
2003 PRHSPSC CDBG Pass Through
2003 Planning and Administration -- Staff recommends accepting the $57,765 available for
administration of the City's CDBG Program. The estimated amount of funds available for
Planning and Administration in 2003 is 13% lower than the $66,056 available for 2002. The City
is eligible to request additional Planning and Administration funding for 2003. Staff
recommends requesting additional funding at this time of $10,000 to cover the existing planning
and administrative costs necessary to administer Federal Way's CDBG Program in 2003. It will
not be known until after the final amount of 2003 CDBG funds are allocated in December of
2002 whether additional planning and administration funds will be available to cities requesting
them. Additional planning and administration funds must be requested as part of the pass-
through certification in order to be eligible.
Commission Recommendation
At their June 3, 2002 meeting, the Human Services Commission discussed the 2003 CDBG
Pass-Through estimated amount available, the process for acceptance of the funds, and the
revised estimates, which will include recaptured funds from canceled projects and be available
in July. The Commission also discussed the staff recommendation for the Home Repair
Program and the request for additional planning and administrative funds for the Federal Way
CDBG program. Finally, the Commission discussed the estimated amount ayailable for
Planning and Administration and how that compares. to the amount available for 2002 as well as
additional costs required to return to direct entitlement in 2006.
The Human Services Commission voted unanimously to recommend to the Council accepting a
pass-through of CDBG funds from King County for the year 2003, earmarking $120,000 of
capital funds for the Federal Way Home Repair Program, and requesting and an additional
$20,000 in Planning and Administration funds. (The Commission recommended requesting
$10,000 more than the staff recommended to be applied to the cost of a Consolidated Housing
and Human Services Commission Plan estimated to cost $50,000.) Of the $20,000 additional
Planning and Administration funds requested, $10,000 would cover the administrative costs of
Federal Way's CDBG program and $10,000 would be applied toward the cost of the
Consolidated Housing and Human Services Plan.
Committee Recommendation Options
~ Moye to accept the Commission's recommendation to accept a pass-through of
CDBG funds from King County for the year 2003 - earmarking $120,000 of capital funds for the
Federal Way Home Repair Program and requesting an additional $20,000 for Planning and
Administration. Forward to the full City Council for consideration at the June 18, 2002 meeting.
Option 2 - Move to accept a pass-through of CDBG funds from King County for the year 2003,
earmarking an amount for the Federal Way Home Repair Program as recommended by the
Committee and/or requesting an additional amount of Planning and Administration funds.
Forward to the full City Council for consideration at the June 18, 2002 meeting.
b-L
2003 PRHSPSC CDBG Pass Through
Attachment 1
THE CITY OF Federal Way QUALlFlESFORANESTIMATED $551,800
IN 2003 KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS, WHICH WILL BE AVAILABLE JANUARY 1,2003.
Please check one:
x
Our City does not elect to receive and administer the above estimated pass-through.
Our City elects to receiye and administer the above estimated pass-through with the
conditions outlined in the 2000-2002 Community Development Block Grant
lnterlocal Cooperation Agreement. Among other responsibilities, we recognize that
in accepting a pass-through we are accepting the responsibility of allocating the
pass-through funds in accordance with the Consortium's schedule for submission to
the U.S. Department of Housing and Urban Development.
x
Cities which accept the pass-through should check the following if applicable:
x
x
x
Our City would like to allocate a portion of OUf funds for public (human) service
activities.
Our City would like to allocate a portion of our funds for planning and
administration activities.
Our City is eligible to request the use of additional planning and administration
ceiling- We request the use of any unreserved Pass-through Cities' ceiling, if
available. Per Consortium Guidelines, when a Pass-through City reserves its
planning and administration ceiling in the Spring, it has the ability to request to use
additional ceiling to cover administrative costs. Such requests will have priority
over requests to use additional ceiling for planning projects and will be granted only
to cities that:
a) run a competitive application process, and b) participate in Consortium-wide
planning activities. We would like to request additional funds for the following:
$10,000 administration of Federal Way's CDBG Program
$10,000 Planning activities for the Federal Way Program
Our City would like to contribute a portion of our capital funds to the King County
Housing Repair Program so that our residents may participate. We understand that
15% of the total amount allocated will be used for program delivery costs.
The followin~ lists our distribution ofCDBG funds for 2003: (List amounts below).
Public Planning & Additional Housing Capital Total Funds
Services Admin P&A Repair Projects Available
Reauested
$90,714 $57,765 $ 20,000 $12Ò,000 $263,321 $
551,800
Date
Signature of Mayor or Authorized Person
Please attach a copy of the City Council's authorization of the àbove and return to HCD by
June 14,2002. .
G,-~
Attachment 2
Federal Way Home Repair Program
Background
Through its membership in the King County Community Development Block Grant (CDBG)
Consortium, the City has the opportunity to access the Consortium-wide housing repair
programs. The City has offered a home repair program since 1991, and has taken part in the
King County Consortium program since 1994.
Each year as part of the pass-through acceptance process, the City earmarks a portion of its
CDBG allocation for home repairs. As the Home Repair Program is a program of the
Consortium, they do not apply for Consortium funds. Access to the program is considered a
benefit of Consortium membership.
By participating, Federal Way residents are able to obtain:
(1)
Emergency Grants and Deferred Payment Housing Repair Loans
This program provides both emergency grants of up to $3,000 ($5,000 for mobile homes)
and deferred payment, zero-interest loans of up to $20,000 to low- and moderate-income
homeowners. Priority is given to low-income homeowners, and to critical repair needs
necessary to protect health and safety.
(2)
Affordable Monthly Payment Loans (AMPL)
This program combines funds from private lenders with no-interest CDBG funds in order
to proyide housing repair loans that are affordable to moderate-income homeowners.
The maximum loan is $40,000; the minimum is $3,500. Most home repairs are eligible.
2003 Recommendation
The recommendation to earmark $120,000 for this program is based on an analysis of the
program's expenditures over the past five years. Demand for this program has been steady,
with 20-25 Federal Way households served each year. City staff continue to market the
program to Federal Way residents. City staff plan on doing at least one targeted mailing each
year to qualified neighborhoods to make sure potential eligible households are aware of the
program. Currently, there are 15 applications pending for projects in Federal Way, with an
estimate total amount of $90,000 requested.
Home Repair in other Cities
In response to Human Services Commission questions about home repair programs, staff
collected information on programs offered by neighboring cities in 2000. This information is
provided in the following chart.
Cì-~
FedWay Home Repair Program 2003
9
\
ls1
South King County Housing Repair Programs, 2000
Program Program Total Admin % HH's 2000 Per Capita
Type Administrator Funding Costs Admin served Population Investment
83,259
Auburn
Major
42,045
$4.00
Kent
Major &
Minor
79,524
Citv of Kent
*Funded with CDBG and city general funds.
Reví.5e.d 5"/2../ JO1
( 'lNDOWS\TEMP\OthercitiesHRP.doc
MEETING DATE:
June 18, 2002
ITEM#
:JL~J
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2002 Human Services Commission Work Plan
CATEGORY:
BUDGET IMPACT:
I25J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
D ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0.00
$
$
ATTACHMENTS: I) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated
May3l,2002.
SUMMARYIBACKGROUND: The Human Services Commission finalized their proposed 2002 Work Plan at their May
13,2002 meeting. The Work Plan is consistent with the Commission's roles and responsibilities as defined in City
Ordinance #90- 72. Highlights of the 2002 Plan include: learn more about current human services needs and gaps in the
system; investigate CDBG options; review CDBG and General Fund applications and make recommendations to Council;
learn about sub-regional planning efforts; collaborate with service clubs, religious establishments, human services
agencies and other community organizations.
CITY COUNCIL COMMITTEE RECOMMENDATION: At the June 10,2002 Parks, Recreation, Human Services,
and Public Safety (PRHSPS) Committee meeting, the Committee voted to recommend approyal of the Work Plan as
proposed by the Commission.
PROPOSED MOTION: I authorize Council Committee's recommendation to approve the Human Services
Commission's 2002 Work Plan.
CITY MANAGER APPROVAL: '~~'I~:~:~;'~~lllr'1~\~i;'
(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 - 0511012001
5.F
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
May 31, 2002
Lydia Assefa- a 0, Human Services Manager
David Moseley I nager
2002 Human Se ices ommission Work Plan
Background
The Human Services Commission finalized its proposed 2002 Work Plan on May 13, 2002,
which is consistent with the Commission's roles and responsibilities as defined in City
Ordinance #90-72. This Work Plan is being presented to the Council Committee, in accordnace
to the Ordinance, which states:
"... the Human Services Commission shall make reports and recommendations to the
City Council and City Manager concerning human services issues... "
This Work Plan is being submitted to Council Committee on June 10th, before it goes to full
Council on June 18th.
2002 Human Services Commission Work Plan
Completion of the work plan has been delayed this year due to staff turn-oYer, a special 2002
County Development Block Grant allocation process and orientation of new commission
members prior to the Work Plan development. Here is a proposed work plan and the lead
person for each project.
1) Learn more about current human services needs and identify gaps in the human services
system.
. Host a Community Forum to identify needs and gaps.
Complete analysis of the 2000 census information for Federal Way.
Lead: Dave Baker, Karen Pettingell and Staff.
2) Review Community Development Block Grant (CDBG) funding options, i.e. whether
to receive funding as a direct entitlement entity from Housing and Urban Development
(HUD)or stay in the King County Consortium under a 3 year contract. Make
recommendation to the City Council.
Lead: Staff
3) Learn about sub-regional human services planning efforts
Update on the South King County Human Services Forum
. Update on the South King Council of Human Services
Follow information and provide input on King County's proposed budget cuts to Human
Services
Lead: Staff
þ-\
PRHSPS
Human Services Wark Plan
06/10/02
Committee Recommendation
é/
Approve the Human Services Commission's 2002 Work Plan, as proposed by the
Commission and forward to the full Council for approval on June 18, 2002.
2.
Approve the Human Services Commission's 2002 Work Plan as amended by the
Committee and forward to the full Council for approval on June 18, 2002
~-3
MEETING DATE:
June 18,2002
ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Surface Water InfTastructure Cleaning and Vacuum/Jet Rodding Service Contract - Bid Award
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; Memo to Land Useffransportation Committee dated June 3, 2002.
-------------------------------------------------------------------------------------------- - - -- --------------------------..--------------------------.---------------------------
SUMMARYIBACKGROUND:
Surface Water Management (SWM) contracts for all vactor and jet-rodding services. The last time SWM solicited bids
for this service was in 1998. Due to this factor, the Utility has adyertised once again for these services. Eight (8) bids
were received and opened on May 3, 2002 for the Surface Water Infrastructure Cleaning and Vacuum/Jet Rodding
Service "On-Call" Contract, RFB#02-l04. See attached Bid Tabulation Summary. The apparent lowest bidder is Action
Services Corporation with a total bid of $103,500.00. Action Services was a contractor for the City for this service fTom
1992 to 1997.
Reference checks on May 8, 2002, by City staff indicates that the contractor is qualified to complete the work detailed in
the RFB. As a result, City staff believe Action Services Corporation can successfully execute the requirements of this
contract to the City's satisfaction. Therefore the lowest responsiye, responsible bidder is Action Services Corporation in
the amount of$1 03,500.00.
AVAILABLE FUNDING
The approyed budget for the Surface Water Utility allocates $168,500.00 for this service in 2002. To date, $29,994.04 has been
expended with the prior contractor leaving a balance of$138,505.96 for the remainder of 2002. This exceeds the bid amount of
$103,500.00 by approximately $35,000.00. The contract will coyer the remainder of 2002 with the option to extend through
2003 at the City's discretion.
CITY COUNCIL COMMITTEE RECOMMENDATION:
At its June 3, 2002 meeting, the Land Useffransportation Committee made the following recommendations;
I. A ward the project to Action Services Corporation, the lowest responsive, responsible bidder in the amount of
$103,500.00.
2. Authorize the City Manager to execute the contract.
PROPOSED MOTION:
"I moye awarding the Surface Water Infrastructure Cleaning and Vacuum/Jet Rodding Service Contract to Action
Services Corporation in the amount of $1 03,500.00 and authorize the City Manager to execute the contract."
~~;~::~~~~:';~~~~~:-~ß~~~-:'~:~i¡=:~~-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDillEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
PBIBR,dl
REVISED - 05/1 0/200 I
k""oundllogdb;n,\2002\,,,"um jot mdd;ng.doc
¡ij EDERAL
~~~
DATE:
June 3, 2002
TO:
Eric Faison, Chair
Land Use and Transportation Committee
FROM:
Paul Bucich, Surface Water Management Manager
Dayid H.~anager
Surface Water Infrastructure Cleaning and Vacuum/Jet Roddiug Service Coutract- Bid
Award
ðht<-þ--
VIA:
SUBJECT:
BACKGROUND
Surface Water Management (SWM) Division contracts for all vactor and jet-rodding services. The last time SWM
solicited bids for this service was in ] 998. Due to this factor, the Utility has adyertised once again for these services.
Eight (8) bids were received and opened on May 3, 2002 for the Surface Water Infrastructure Cleaning and
Vacuum/Jet Rodding Service "On-Call" Contract, RFB #02-104 (see attached Bid TabulationSummary). The lowest
bidder is Action Services Corporation with a total bid of$] 03,500.00. Action Services was a prior contractor to the
City for this service from] 992 to ] 997.
Reference checks on May 8"', 2002, by City staff indicate that the contractor is qualified to complete the work
detailed in the RFB. As a result, City staff belieye Action Services Corporation can successfully execute the
requirements ofthis contract to the City's satisfaction. Therefore the lowest responsiye, responsible bidder is
Action Services Corporation in the amount of $ 103,500.00.
AVAILABLE FUNDING
The approyed budget for the Surface Water Utility allocates $] 68,500.00 for this service in 2002. To date, $29,994.04
has been expended with the prior contractor leaving a balance of$138,505.96fortheremainderof2002. Thisexceeds
the bid amount of$]03,500.00 by approximately $35,000.00. The contract will coyer the remainder of2002 with the
option to extend through 2003 at the City's discretion.
RECOMMENDATION
Staff recommends placing the following items on the June ]8,2002 Council consent agenda for approval:
1. Award the project to Action Services Corporation, the lowest responsiye, responsible bidder in the
amount of $1 03,500.00.
2. Authorize the City Manager to execute the contract.
PB:dl
cc:
Project File RFB#02-104
Day File
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~
MEETING DATE:
June 18,2002
ITEM# ~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Pacific Highway South HOV Lanes Phase I (S 312th to S 324th Street) Improyement Project Bid Award
i~~:~~-§ ~;~G .-r~~st ¡--
----------------------------------------------- -------------------------------------------------- -- ---- - - ---------------------------------------------------------------------------------------
ATTACHMENTS: Memo to Land Useffransportation Connnittee dated June 3, 2002.
-------------------------------------------------------------------------------------- ------------------------------------------------------------------------
SUMMARYIBACKGROUND:
Five (5) bids were received and opened on May 22, 2002at 10:10 a_m. for the Pacific Highway South HOV Lanes Phase I
(South 312thto 324th Street) Improvement Project See attached Bid Tabulation Summary. The lowest responsive, responsible bidder
is SCI In&astructure, LLC with a total bid of $6,723,626.89.
Reference checks on SCI Infrastructure, LLC by both CH2M Hill. Inc and City staff indicates that the contractor has perfonned
similar work. As a result, City staff believes SCI Infrastructure, LLC can successfully complete this project to the City's satisfaction.
Therefore the lowest responsive, responsible bidder is SCI Infrastructure, LLC in the amount of $6,723,626.89.
PROJECT COST ESTIMATES
Construction Low Bid
10% Construction Contingency
Design
Construction Management
Underground Conversion (PSE)
Right of Way Acquisition
Total Project Cost
$6,723,626.89
672,363
991,723.00
715,000.00
600,000.00 (1)
2280668.00 (2)
$11,983,380.89
AVAILABLE FUNDING
Grant funding
$10,237,491.00 TIA $1,274,000, STPUL $2,399,433
STPC $5,396,000, WSDOT $1,168,058
Mitigation Fund
Surface Water Fund
Lakehaven Utility District (LUD)
Interest Earning
Budgeted City Match
Total Available Budget
240,597.00
211,000.00
464,542.00
71,000.00
1.110 000.00
$12,334,630.00
Utility Replacement! Adjustment
Project Balance
$351,248.11
(I) This is an estimated cost (A Conversion Agreement has not been signed due to ongoing negotiations between PSE and the City).
(2) This is an estimated cost for ROW acquisition because six (6) parcels remain outstanding and final legal billing has not been
received. However, the ROW acquisition estimate as well as the project balance is sufficient to cover any additional costs.
CITY COUNCIL COMMITTEE RECOMMENDATION:
At its June 3, 2002 meeting the Land Use/Transportation Connnittee made the following recommendations:
I. Award the project to SCI Infiastructure, LLC the lowest responsive, responsible bidder in the amount of $6,723,626.89, and
approve a 10% contingency of $672,362.00 for a total of $ 7,395,988.89. Award of Schedule B (Lakehaven's portion of the
project) contingent upon Lakehaven Utility District Board approval to award Schedule B as bid.
2. Authorize the City Manager to execute the contract.
PROPOSED MOTION:
"I move approval of awarding the Pacific Highway South HOV Lanes Phase I (S 312th to S 324th Street) Improvement Project Bid
Award to SCI Infrastructure, LLC in the amount of $6,723,626.89 and approve a 10% contingency of $672,362.00 for a total of
$7,395,988.89 and award of Schedule B contingent upon Lakehaven Utility District Board approval to award Schedule B as bid. I
also move that the City Manager be authorized to execute the contract."
~~~~~:~~~~~~;~~~:~.~JTiL,~:=..~.~~,,[ji{:I; .
.-.-..-...--.-.----.....-.-.-.-.-. - .-.-..-...--.---.-.-----
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0
0
0
0
APPROVED
DENIED
T ABLEDIDEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
MS,dl
REVISED - 05/1012001
k'~o"",iI"gdbill,\2oo2\hov p""" ; b;d .w.w.doc
DATE:
June 3, 2002
TO:
Eric Faison, Chair
Land Use and Transportation Committee
FROM:
Marwan Salloum, Street Systems Manager
David H. M~ger
Pacific Highway South HOV Lanes Phase I (South 312" to 324" Street) Improvement Project --
Bid Award
é/J~f^-
VIA:
SUBJECT:
BACKGROUND
Five (5) bids were received and opened on May 22, 2002at 10: 10 a.m. for the Pacific Highway South HOY Lanes Phase I
(South 312" to 324" Street) Improvement Project See attached Bid Tabulation Summary. The lowest responsive,
responsible bidder is SCI Infrastructure, LLC with a total bid of$6,723,626.89.
Reference checks on SCI Infrastructure, LLC by both CH2M Hill. Inc and City staff indicate that the contractor has
perfonned similar work. As a result, City staff believes SCI Infrastructure, LLC can successfully complete this project to
the City's satisfaction. Therefore the lowest responsive, responsible bidder is SCI Infrastructure, LLC in the amount of
$6,723,626.89.
PROJECT COST ESTIMATES
Construction Low Bid
10% Construction Contingency
Design
Construction Management
Underground Conversion (PSE)
Right of Way Acquisition
Total Project Cost
$6,723,626.89
672,363
991,723.00
715,000.00
600,000.00
2,280,668.00
$11,983,380.89
(I)
(2)
A V AILABLE FUNDING
Grant funding
$10,237,491.00
TIA $1,274,000, STPUL $2,399,433
STPC $5,396,000, WSDOT $1,168,058
Mitigation Fund
Surface Water Fund
Lakehaven Utility District (LUD)
Interest Earning
Budgeted City Match
Total Available Budget
240,597.00
211,000.00
464,542.00
71,000.00
1,110,000.00
$12,334,630.00
Utility Replacement/Adjustment
Project Balance
$351,248.11
(I) This is an estimated cost (A Conversion Agreement has not been signed due to ongoing negotiations between PSE
and the City).
(2) This is an estimated cost for ROW acquisition because six (6) parcels remain outstanding and final legal billing has
not been received. However, the ROW acquisition estimate as well as the project balance is sufficient to cover any
additional costs.
RECOMMENDATION
Staff recommends placing the following items on the June 18,2002 Council consent agenda for approval:
1.
Award the project to SCI Infrastructure, LLC the lowest responsive, responsible bidder in the amount of
$6,723,626.89, and approve a 10% contingency of$672,362.00 for a total of$ 7,395,988.89. Award of Schedule
B (Lakehaven's portion of the project) contingent upon Lakehaven Utility District Board approval to award
Schedule B as bid.
Authorize the City Manager to execute the contract.
2.
APPROVAL OF COMMITTEE REPORT:
MS:dl
cc:
Project File
Day File
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MEETING DATE:
June 18,2002
ITEM#
::¡r c})
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Tresden Place Final Plat; City File No. 02-IOII04-00SU
CATEGORY:
~ CONSENT
'M RESOLUTION
D CITY COUNCIL BUSINESS
BUDGET IMPACT:
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Exhibit AA - Memorandum to the Land Use & Transportation Committee, with: Exhibit A - Vicinity
Map; Exhibit B - Final Plat Map; Exhibit C - Staff Report, with Exhibits C-l, C-2, C-3 & C-4; and, Exhibit 0 - Resolution
approving the Final plat of Tresden Place.
SUMMARYIBACKGROUND: The Tresden Place final plat is a subdiyision of 47 single-family lots on 8.53 acres.
Preliminary plat approyal for the 47-lot residential subdivision was granted by the Federal Way City Council on
September 19,2000. The Plat of Tresden Place is located on the easterly side of Military Road South at South 296th and
South 298th Streets, in Federal Way. Zoning for the site at the time of application was and still is Residential Single
Family (RS 5.0). Pursuant to FWCC Section 20-136, the City Council may approve the final plat application only if all
criteria ofFWCC Section 20-136(b), are met. Findings and conclusions contained in the staff report to the City Council
and by reference in the resolution indicate that the application is consistent with these criteria. All conditions of
preliminary plat approval and all Code requirements haye been met or are appropriately secured. The Land Use and
Transportation Committee met on June 3, 2002, reviewed the Tresden Place final plat and recommended approval of the
Final Plat of Tresden Place.
CITY COUNCIL COMMITTEE RECOMMENDATION: Adoption of a resolution approying the Final Plat of
Tresden Place, Federal Way File No. 02-IOII04-00SU.
PROPOSED MOTION: "I move approval of the Final Plat of Tresden Place as proposed, and recommended for
approyal by the Land Use and Transportation Committee"
~~;~~~~~~~~~~~~~~~~ ;JJ~~:~I:P~~ ~J~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
COUNCIL BILL #
1ST reading
0
0
TABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING THE FINAL PLAT OF TRESDEN
PLACE, FEDERAL WAY FILE NO. 02-IOIlO4-00SU.
WHEREAS, the preliminary plat of Tresden Place, City of Federal Way File No. 99-1 03384-00SU, was
approyed subject to conditions on September 19, 2001 by Federal Way Resolution No. 00-322; and
WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 00-322 and in the
August 2, 2000, Recommendation ofthe Federal Way Hearing Examiner; and
WHEREAS, the applicant submitted the application for final plat for Tresden Place within the required
time of receiying approval for the above-referenced preliminary plat; and
WHEREAS, the City of Federal Way's Department of Community Deyelopment Services and Public
Works Department staff haye reyiewed the proposed final plat for its conformance to the conditions of
preliminary plat approyal and the Federal Way Hearing Examiner, and their analysis and conclusions are set
forth in the May 24, 2002, Staff Report; and
WHEREAS, the City Council Land Use/Transportation Committee considered the application for the
Tresden Place final plat at its June 3, 2002, meeting and recommended approyal by the full City Council; and
WHEREAS, the City Council reyiewed and considered the Staff Report and the application for final plat
of Tresden Place during the Council's June 18,2002, meeting;
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS:
Section I. Findings and Conclusions.
I.
The final plat for Tresden Place, City of Federal Way File No. 02- 101 104-00SU, 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.
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 reyiew ofthe application for final plat, the proposed subdiyision makes
Res. #
,Pagel
b~(fo~
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.
An Environmental Detennination of Non significance (DNS) was issued for the proposed action on
May 20,2000. No comments or appeals were received prior to the established deadlines of June 5, 2000, and
June 19,2000, respectively, and the initial detennination became final without modification.
4.
The public use and interest will be served by the final plat approyal granted herein.
5.
All conditions as listed in the Federal Way Resolution No. 00-322, and the conditions in the
August 2, 2000, Recommendation of the City of Federal Way Hearing Examiner, haye 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.
6.
All required improyements have been made and/or sufficient bond, cash deposit, or assignment of
funds haye been accepted as guaranty for completion and maintenance of all required plat improvements, as
identified in the May 21,2002, Staff Report.
7.
All taxes and assessments owing on the property being subdiyided have been paid, or will be paid
prior to recording the final plat.
Section 2. Application Approyal. Based upon the Findings and Conclusions contained in Section 1
aboye, the final plat of Tresden Place, City of Federal Way File No 02-1O1104-00SU, is approyed
subject to satisfaction of the maintenance conditions identified in the staff report and as required by
applicable codes and policies.
Section 3. Recording. The approyed 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. #
, Page 2
Section 4. Seyerability. 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 yalidity 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 effectiye date of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effectiye 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, BOB STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
Res. #
, Page 3
AA
DATE:
TO:
FROM:
VIA:
SUBJECf:
June 3, 2002
Final Plat Ap lcation for Tresden Place
Federal Way File #O2-101104-00SU
I.
STAFF RECOMMENDATION
City of Federal Way staff has reYiewed the Tresden Place final plat for compliance with preliminary
plat conditions and all applicable codes and policies, and recommends approyal of the final plat
application. Pursuant to Federal Way City Code (FWCC) Article II, Plats, all applicable codes, policies
and conditions have been satisfactorily met as discussed in the attached staff report or sufficient
financial guarantee has been proYided.
II. SUMMARY OF APPUCATION
This application requests final plat approyal of the plat of Tresden Place, a subdiYision of 47 single-family
lots on 8.53 acres. Preliminary plat apPfoyal for the 47-lot residential subdivision was granted by the
Federal Way City Council on September 19, 2000. The Plat of Tresden Place is located on the easterly
side of Military Road South at South 296'h and South 298th Streets, in Federal Way. Zoning for the site
at the time of application was and still is Residential Single Family (RS S.O). Pursuant to FWCC Section
20-136, the City Council may approye 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 by
reference in the resolution indicate that the application is consistent with these criteria.
III. REASON FOR COUNCIL ACTION
The final decision for all final plats rest with the City Council in accordance with FWCCsection 20-136(b).
Bringing this matter before the City Council Land Use Committee for reyiew and recommendation prior
to the full Council is consistent with how land use matters are currently processed by the City.
IV. EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Vicinity Map
Final Plat Map
Staff Report
Resolution
PAGE-LOF..
EXHIBIT A
EXHIBIT A
PAGE-Ì-OF'-
EXHIBIT B
TRESDEN PLACE
A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 4, TWP. 21N., RNG. 4E. W.M.
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EXHIBIT C
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT
REQUEST FOR FINAL PLAT ApPROVAL
I.
TRESDEN PLACE FINAL PLAT
Federal Way File No. 02-101104-00-SU
RECOMMENDA nON
City of Federal Way staff has teyiewed the final plat of Tresden Place for compliance with
preliminary plat conditions and all applicable codes and policies, and recommends approyal of the
final plat application.
II.
INTRODUCTION
Date:
Request:
Description:
Owner:
Engineer:
May 24, 2002
Request rOt final plat apptOval for the Tresden Place Subdivision.
Tresden Place Subdivision is a proposed subdiyision offorty-seyen (47) single-
family lots on 8.53 acres. Access rOt Tresden Place Subdivision is yia Military
Road South onto South 296'h and South 298'h Streets. All required tOads,
sidewalks, stonn drainage facilities, sewet lines, and water lines have been
constructed, with limited exceptions. Due to areas of the site whete excess cut
material has been stock-piled for future use on the site, sidewalks, planters strips,
street lights and stteet trees have not yet been installed adjacent to Lots I through
19. Additionally, landscaping associated with pedestrian Tract B has not been
installed, again, due to additional grading which will be done during actual home
construction. Finally, property comers at the tear of Lots I - 8 and 25 - 46 haye
not been installed due to the additionally grading which is tequired. Installation
of these minor irnproyements is guaranteed by the applicant's perfonnance bond
which will not be released until the aboye indicated items are completed.
Pageantry Communities
Bryan White
25400 - 7'h Avenue South
Kent, WA 98032
253.854.0415
Timothy Holdennan, P.E.
Sound Engineering, Inc.
1019 Pacific Avenue, Suite 906
Tacoma, WA 98402
253.573.0040
EXHIBIT C-
PAGE-LOF..
Z1-
Location:
The subject property is located at 29660 Military Road South, at the northeast
comer of the intersection of Military Road South and South 298th Streets; in the
Northeast quarter of the Southeast quarter of Section 4, Township 21 North,
Range 4 East, W.M., in Federal Way, King County (Exhibit C-I - Vicinity Map).
Sewage
Disposal:
Lakehaven Utility District
Water
Supply:
Lakehaven Utility District
Fire District:
Federal Way Fire Department
School
District:
Federal Way School District
Report
Prepared By: David Graves, AICP, Contract Senior Planner
III.
HISTORY AND BACKGROUND
The Tresden Place Subdivision is a proposed subdivision offorty-seyen (47) single-family lots on
8.74 acres (Exhibit C-2 -Final Plat Map). The Ttesden Place Subdiyision Preliminary Plat
(Exhibit C-3 - Preliminary Plat Map) was granted approval by the Federal Way City Council on
September 19, 2000, per Resolution 00-322 (Exhibit C-4 - Preliminary Plat Resolution).
A proposed Resolution of the City of Fedetal Way, Washington, to approve the final plat of
Tresden Place Subdivision is attached.
Zoning for the 8.74 acre site is Residential Single Family (RS 5.0), with a minimum lot size of
5,000 squate feet. Lot sizes on the final plat tange ITom 5,000 squate feet to 7,547 squate feet,
with the average size being approximately 5361 squate feet.
The developer applied for final plat approval on Match 12,2002. Improvements required by Code
ate now substantially complete or financially guatanteed (Engineering Folder number 00-103141-
OOEN). The final plat application was detennined complete on May 24, 2002. Pursuant to RCW
58.17.110 and Section 20-136 of the Federal Way City Code (FWCC), the City Council is chatged
with detennining whether: 1) the proposed final plat confonns to all tenus of the preliminary plat
approyal; 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 ta-xes and
assessments owing on the ptoperty haye been paid; and 4) if all required improyements have been
made or sufficient security has been accepted by the City.
City of Federal Way staffhas reyiewed the final plat of Tresden Place Subdivision for compliance
with preliminary plat conditions and all applicable codes and policies. All applicable codes,
policies, environmental processes, and plat conditions have been met or financially secured as
allowed by FWCC Section 20-135.
Tresden Place Final Plat
StatT Report - Request for Final Plat Approval
EXHl8Ir Ð2IÐI~(lBÐn
P AGE-LOF.. Page 22-;¡'-
Part of the construction of the requited plat improvements includes the posting of a petfonnance
bond by the applicant in an amount equal to 120% of the cost of the improvements consistent with
the proyisions ofFWCC 20-135. The requisite bond is in place. The majotity of the required
improvements with limited exceptions. Ateas of the site encompassing Lots I through 19 contain
excess cut material which has been stock-piled for future use on the site. As such, sidewalks,
planters strips, street lights and street trees have not yet been installed adjacent to Lots I through
19. Additionally, landscaping associated with pedestrian Tract B has not been installed, again, due
to additional grading which will be done on Lots 27, 28, 38 and 39 duting actual home
construction. Finally, property cornets at the tear of Lots I - 8 and 25 - 46 have not been installed
due to the additionally grading which is required for future home construction. Installation of
these minot improvements is guaranteed by the applicant's petfonnance bond which will not be
teleased until the aboye indicated items are completed.
IV.
COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS
The following lists conditions of preliminary plat approval in the same order referenced in Fedetal
Way City Council Resolution 00-311. Required improyements have been completed or financially
secured as allowed by FWCC Section 20-135.
I)
Ptior to final plat recording, the applicant shall either obtain a tight-of-way vacation from
the City Federal Way to vacate the westerly portion of the existing South 298'h Street
right-of-way, and execute an agreement to acquire the south half of such yacated right-of-
way from the property owner to the south; or alternatiyely, the applicant shall eliminate
Lots #47 and/or #48 as proposed.
Staff Response: This condition is being met. The proposed vacation is progressing
through the approval process concurrently with the final plat application. The applicant
has been unable to secute the rights to that portion of southerly half of South 298'h Street
to be vacated. As such, Lot 48 has been eliminated ITom the proposal; Lot 47 temains and
includes the north half of that portion of South 298th Street to be vacated. The Federal
Way City Council adopted Resolution No. 00-333 on December 19, 2000 granting a
petition to vacate that portion of South 298'h Street associated with the Ttesden Place
Preliminary Plat. The adopted tesolution proyided that once the conditions contained
within the resolution such as relocating the utilities within the existing right-of-way haye
been met, the petitioner must submit the appropriate documentation for final approyal and
vacation by the Federal Way City Council. All the requited documentation has been
submitted to the City and is being referred to the Land Useffransportation Committee for
recommendation on June 3, 2002. A final decision on the requested vacation will be made
by the Federal Way City Council on June 18,2002.
2)
[fany structures will remain on the site, all applicable building and zoning
nonconfonnances must be corrected to meet applicable codes, including structural
setbacks ITom property lines; and in addition, sheds and/or other accessory buildings ate
not pennitted as primary uses on single family residential lots.
Staff Response: This condition has been met. All pre-existing structures have been
remoyed from the site.
The applicant shall obtain the services of a qualified geotechnical engineer to review
engineering design and specifications; be present on site during all land sutface
Tresden Place Final Plat EXHtBtT 02-IOI'-OOSII
Staff Report-Request Cor Final Plat Approval PAGEJ-OF-. pageZ-;¡-
3)
4)
modification activities; verifY subsurface conditions; inspect and conduct compaction tests
for the toads, building lots, detention pond and tetaining walls; ensure implementation of
the recommendations in the 3/16/00 geotechnical report; and proyide the city with any
additional geotechnical tecommendations fot plat construction and futUte homes on the
site, including tevegetation of disturbed areas and lot drainage adjacent to the steep slope;
subject to detennination by the Directots of Community Deyelopment Services and Public
Wotks.
Staff Response: This condition has been met.
Prior to final plat recording, the preliminary plat map shall be revised as follows:
a.
Notation that no driveways will be allowed to lots abutting Military Road, and all
driyeways must be set back a minimum distance of25' from adjacent
intersections;
Revise plat road sections to include stteet lights, stteet ttees, and 3" depth "Class
B" asphalt concrete (in lieu of 2" as shown); per "Type U" cross-section;
Notation that any fencing adjacent to Military Road right-of-way shall be located
inside (east) of the required landscape buffet tract;
Notation that no sight-obscuring fencing or landscaping will be pennitted along
lot lines abutting the internal pedestrian pathway;
Relocate the retaining wall alongside Military Road South, out of the right-of-
way;
Language dedicating all public tights-of-way, the stonn drainage tract, and the
pedestrian pathway, to the City of Federal Way;
Language dedicating the landscape buffer ttact to the Homeowners within the
plat; and establishing tesponsibility for maintenance of cul-de-sac landscaping
with Homeowners;
Drainage easement testrictions that sttuctutes, fill or obstructions (including but
not limited to decks, patios, outbuildings, or oyethangs) shall not be pennitted
beyond the building setback line Ot within drainage easements. Additionally,
grading and consttUction of fencing shall not be allowed within dtainage
easements shown on the plat map, unless othetWise approyed by the City of
Federal Way; and,
Any geotechnical resttictions and conditions for future building development,
pursuant to Condition #3, aboye.
b.
c.
d.
e.
f.
g.
h.
i.
Staff Response: This condition has been met. Plat Note 1 indicates that no direct access
to or from lots abutting Military Road, to Military Road, is allowed; and, all driveways
must be set back a minimum distance of25' from adjacent intersections; The plat road
section includes stteet lights, stteet trees, and 3" depth "Class B" asphalt concrete, pet
"Type U" cross-section; Plat Note 6 indicates that any fencing adjacent to Military Road
right-of-way shall be located inside (east) ofthe required landscape buffer tract; Plat Note
8 indicates that no sight-obscuring fencing or landscaping will be pennitted along lot lines
abutting the internal pedestrian pathway; The retaining wall alongside Military Road
South has been constructed out of the Military road right-of-way; Language dedicating all
public rights-of-way, the stotm drainage ttact, and the pedesttian pathway to the City of
Federal Way is included on the final plat; Plat Note 6 indicates that the landscape buffer
tract (Tract C) is conveyed to the Homeowners Association within the plat and Plat Note 6
establishes responsibility for maintenance of cul-de-sac landscaping with the Homeowners
Tresden Place Final Plat E*HtBff 92 IQII~С¡
Staff Report-Request for Final Plat Approval PAGE-Lo~age4 2-;¡.
5)
Association; Plat Note 9 indicates that structures, fill or obstructions (including but not
limited to decks, patios, outbuildings, or oyerhangs) are not permitted beyond the building
setback line or within drainage easements and that grading and construction of fencing is
not allowed within drainage easements shown on the plat map, unless otherwise apptOyed
by the City of Fedetal Way; and, Plat Notes 10 and 11 indicate geotechnical restrictions
and conditions for future building deyelopment, pursuant to Condition #3, above.
Ptior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted for review and apptOyal by the Director of
Community Development SetYices, and shall include the following elements:
a.
Visual screening of all property boundaries of the detention tract (and fencing if
applicable) ITom adjacent ptOperties and the right-of-way;
Street trees on the project side of Military Road, and both sides of South 298th
Street and internal plat streets;
Ten foot Type III landscape tract against Military Road;
Vegetative screening of retaining walls;
Cul-de-sac landscaping;
Reyegetation of disturbed slope areas (as recommended by the geotechnical
engineer pursuant to Condition #3, above);
Significant tree identification and replacement; and
Type III landscaping in the area of Lots #47 and #48, if the existing right-of-way
is not yacated pursuant to Condition # 1, above, resulting in eliminating these lots
from the plat.
b.
c.
d.
e.
f.
g.
h.
Staff Response: This condition has been met. The landscape plan, prepared by Nature by
Design, depicted required landscaping imptOvements for Tracts A, B and C, tree
protection measures, and right-of-way planting. The landscaping has been installed and
inspected with the exception of those areas where additional grading will be undertaken as
noted above. Installation of all required landscaping is assured by the performance bond
in place. A two-year maintenance bond has been receiyed.
6)
Prior to final plat recording, the applicant shall pay the alternatiye fee-in-lieu of providing
on site open space, as proposed and accepted, which fee shall be calculated on the basis of
15% of the most tecent assessed valuation Ot MAl appraisal, at that time, subject to
approyal by the Directots of Parks and Community Deyelopment SetYices.
Staff Response: This condition has been met. The applicant is providing a limited amount of open
space on site in the form of Ttact B, the pedestrian pathway and has opted to make an open space
fee-in-lieu-ofpayment pUtsuant to FWCC Section 20-155 for the remainder of the tequired open
space. Tract B is 4,856 square feet or 1.28% of the total plat area, thus the fee-in lieu payment
will equal 13.72% of the assessed value. The City of Federal Way PARCS Director has reyiewed
the ptOposed combination and indicated that Ttact B is acceptable as proyiding a portion of the
open space on site and the fee in lieu percentage is acceptable. Based on assessed land yalue of
$380,000, and as approved by the Federal Way Parks Directot, the applicant will make a payment
based on 13.72 percent of the assessed yalue, which equals $52,174.00, to the City before the final
plat will be recorded. The plat is within planning area G of the Parks, Open Space, and
Recreation Comprehensive Plan.
Tresden Place Final Plat
Staff Report - Request for Final Plat Approval
E*HtBffQJ IQI191'~¡'¡
PAGE2-0i!:ge52+
V.
VI.
7)
Prior to issuance of construction permits, the applicant shall submit elevations and design
descriptions of retaining walls and tOckeries; showing that these are harmonious with
existing adjoining residential uses and promote residential design themes through such
means as terracing, orientation, natural matetial selection, use of vegetation, and textural
tteatment; for reyiew and apptOval by the Directors of Community Development and
Public Works.
Staff Response: This condition has been met. Retaining Wall and tOckery elevations and
design description were submitted, reyiewed, approyed and installed (Engineering Folder
number 00-1 03141-00EN).
8)
Prior to issuance of construction permits, the applicant shall submit eleyations and design
descriptions of fences, where visible from rights-of-way or pedestrian areas, showing that
these utilize natural materials and colors; and that fencing of the detention pond (if
required by the KCSWDM) is vinyl coated in a dark color and screened by landscaping
(putsuant to an apptOved landscape plan); fot review and approval by the Directors of
Community Deyelopment Services and Public Works.
Staff Response: This condition has been met. Fence eleyations and design description
were submitted, reyiewed, approved and installed (Engineering Folder number 00-
103141-00EN).
SEPA
The City's SEPA Responsible Official issued a Determination of Non significance, with no
required mitigation measures, on May 20, 2000. There were no appeals of the decision and the
initial Determination of Non significance became final without modification
DECISIONAL CRITERIA
Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria haye been
met, the City Council may apptOye the final plat for tecording:
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 representatiye
of the pteliminary plat and the conditions of preliminary plat haye been met or financially
guaranteed.
2.
The final plat is in conformity with applicable zoning ordinances or other land use
conttOls.
Staff Response: This criterion has been met and/or financially guaranteed. The plat meets
the zoning standards for the RS 5.0 zoning district. As proyided for in FWCC Section 20-
135, performance and maintenance bonds are in place to guarantee the installation and
maintenance of required plat imptOyements including frontage imptOyements, streets, and
infrasttucture.
Tresden Place Final Plat
Staff Report - Request for Final Plat Approval
E*HI8ff QJ lQI'ÜQ~"
P AGE-LOF.. paget ':f-
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 Section IV above.
4.
That the public use and interest shall be served by the establishment of the subdivision and
dedication by detennining if appropriate provisions are made for, but not limited to, the
public health, safety, general welfate, open space, drainage ways, streets and roads, alleys,
other public ways, transit stops, potable water supplies, sanitary wastes, parks and
tecteation, playgrounds, schools and school grounds, and shall consider all other relevant
facts, including sidewalks and other planning featUtes 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 tegulations, and ensures the public health, safety, and welfare is
protected. The plat infrasttUctute has been installed and/or adequately bonded as
discussed above, including safe walking route ofttavel; open space provided yia a
pedestdan tract and a fee-in-lieu-of obligation; drainage systems and water and sewer
systems have been installed; and streets improved to the applicable City standards.
5.
That all required improvements haye 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 and stonn drainage improyements
have been consttUcted or financially guaranteed. In addition, all watet and sewer lines
have been installed and approyed by Lakehayen Utility District. As preYiously indicated,
limited areas of sidewalk, plantet strip, landscaping, street trees, street lighting and lot
comers haye yet to be installed due to site gtading constraints. A perfonnance bond in the
amount of 120% of the cost ofall plat improyements remains in place and will not be
released until all tequired improvements haye been completed (FWCC 20-135). The
Public Works Department estimates that approximately fiye to ten (5 - 10) percent of the
required improyements have yet to be installed. Since the perfonnance bond exceeds the
estimated cost of the outstanding improyements yet to be completed, adequate bonding is
in place with the City.
6.
That all taxes and assessments owing on the property being subdivided have been paid.
Staff Response: Pdor to being tecotded, the plat is reviewed by the King County
Department of Assessments to ensure that all taxes and assessments haye been paid.
VII.
CONCLUSION
Based on site yisits, review of the final plat maps, construction drawings, and the project file, staff
has detennined that the application for final plat approval for the Tresden Place Subdiyision meets
all platting requirements ofRCW 58.17.110 and FWCC Section 20-136. Landscaping and right-
of-way improvement financial guarantees haye been provided to assure completion of plat
conditions. A recommendation of final plat approyal is therefore being forwatded to the City
Council for your approval.
Tresden Place Final Plat
Staff Report - Request for Final Plat Approval
EXHIBfT QJ lQl "" gg~"
PAGE-LO~ pageí+
VIII. EXHIBITS
Exhibit C-!
Exhibit C-2
Exhibit C-3
Exhibit C-4
Vicinity Map for Ttesden Place Subdiyision
8y, x II Reduced Copy of Final Plat Map of Tresden Place Subdivision
11 x 17 Reduced Copy of Approyed Pteliminary Plat ofTresden Place
Subdiyision
Resolution 00-322 - September 19, 2000, City of Federal Way Pteliminary Plat
Approval ofTresden Place Subdiyision.
Tresden Place Final Plat
Staff Report - Request for Final Plat Approval
EXI=I.IBIT 02-IOII~OSU
PAGE-LLOF:page8 2--:¡-
EXHIBIT C-I
EXHIBIT G
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TRESDEN PLACE
A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 4, TW? 21N., RNG. 4E. W.M.
FEDERAL WAY. KING COUNTY, WASHINGTON
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EXHIBIT C-4
\1
RESOLUTION NO. 00-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF TRESDEN
PLACE, FEDERAL WAY FILE NO. 99-103384-00-SU.
WHEREAS, the applicant Richard Butko, Butko Construction Company, applied to
the City of Federal Way for preliminary plat approval to subdivide certain real property known as
Tresden Place and consisting of 8.53 acres into forty-eight (48) single family residential lots located
on the northeast comer of Military Road South and South 298th Street; and
WHEREAS, on May 20,2000, an Environmental Determination ofNonsignificance
(DNS) was issued by the Director of Federal Way's Department of Community Deyelopment
Services pursuant to the State Environmental Policy Act, RCW 43.21C, and no one appealed the
DNS; and
WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on
July 18,2000 concerning the prelirninary plat of Tresden Place; and
WHEREAS, following the conclusion of said hearing, on August 2, 2000, the Federal
Way Land Use Hearing Examiner issued a writtenReport and Recommendation containing findings,
conclusions and recommending approyal of the preliminary plat of Tresden Place subject to
conditions set forth therein; and
Res. #00-3uPage I
EXHIBIT
PAG81Mf~
c.
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
WHEREAS, on September 5, 2000, the City Council ¡;onsidered the written record
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 1. Adoption of Findings of Fact and Conclusions.
1.
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 schools as are
required by City Code or arc necessary and appropriate, and provides for sidewalks and other
planning features to assure safe walking conditions for students who walk to and £Tom school.
3.
The public use and interest will be served by the preliminary plat approval granted
herein.
EXHIBIT C-
PAGE-1LOF- 2-:}-
Res. fIIO-322, Page 2
Section 2. A\JDlication A\JDroval. 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 ofTresden Place, Federal Way File No. 99-l03381-O0-SU, is
hereby approyed, subject to conditions as contained in the Recommendation of the Federal Way
Land Use Hearing Examiner dated August 2, 2000 (Exlúbit A).
Section 3. Conditions òf 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 oyer the subject matter declare any of the conditions invalid, then, in said eyent, the
proposed preliminary plat approval granted in this resolution shall be deemed yoid, and the
preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the
impacts ofthe 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. Seyerability. If any section, sentence, clause or phrase of this resolution should be
held to be inyalid 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 ØO-322, Page 3
EXHIBIT L
PAGE---LLOF: 2-=1-
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. Effectiye Date. Tills resolution shall be effective inunediatelyupon passage
by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASffiNGTON, TillS.l.2... DAY OF
S"'p~pmhpr
. 2000.
CITY OF FEDERAL WAY
~ø¿/
L MAYOR, ARK
)7.m;;~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~ ~~~~
ERIM CITÝ ATTORNEY, ROBERT ~ STERBANK
FILED WITH THE CITY CLERK: 09/13/00
PASSED BY THE CITY COUNCIL: 09/l9/00
RESOLUTION NO. 00-322
Res. #OO-32j1Pagc 4
EXHIBIT C-
PAGE.1LOF:
21-
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
)
)
PRELIMINARY PLAT OF TRESDEN PLACE)
)
)
)
)
PROCESS IV
FWHE# 00-11
99-103381-00-SU
Related #99-1 03384-SE
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval of a forty-eight (48) lot single
family residential subdivision of 8.53 acres, pursuant to Federal Way City Code (FWCC)
Chapter 20, Subdivisions, Div. 6, Preliminary Plat.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
July 18, 2000
August 2, 2000
At the hearing the following presented testimony and evidence:
1.
Lori Michaelson, Senior Planner, City of Federal Way
2-
Michael Knapp, Sound Engineering, Inc., 1019 Pacific Avenue, Suite 906,
Tacoma, WA 98402
3.
Jack Hendrickson, 21246 15'" Ave. S., Des Moines, WA 98198
4.
Tim Holderman, Sound Engineering, Inc., 1019 Pacific Avenue, Suite 906,
Tacoma, WA 98402
5.
Bill Crow, 14109 Marian Street,Enumclaw, WA 98022
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
Staff Report with all attachments
2.
Amendment to Staff Recommendation #1
1
EXHIBIT C
p AG~<W-q
21-
6.
7.
3.
Letter from Michael Knapp to Examiner dated July 18, 2000
III. FINDINGS
1-
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby mar!<ed 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 two adjoining, basically
rectangular shaped parcels of property consisting of 8.53 acres abutting the east
side of Military Road South within the City of Federal Way. The parcels are
presently improved with an abandoned single family residential dwelling, two small
detached sheds, and fencing. The applicant requests preliminary plat approval to
allow removal of existing improvements and subdivision of the site into 48 single
family residential lots. The south property line abuts S. 298th St., the west leg of
which the applicant will relocate to eliminate its off-set intersection with Military
Road. Proposed lots 47 and 48 are contingent upon the City Council's vacation of
the present 298'" St. right-of-way following relocation, and an agreement with the.
abutting property owner to the south- -
5.
The site is within the northeast portion of the City at the northeast corner of the
intersection of Military Road South and S. 298'" St. and approximately 125 feet west
of Interstate - 5.
The plat map shows a looped plat road system with one access near the northwest
corner onto Military Road South and a second access extending north from S. 298"'
St. near the east property line- A .55 acre storm drainage tract is located at the
northeast corner of the site. South 298"' St. presently extends east from Military
Road South at an approximate 1oO foot offset to the south from 298"' on the west
side of Military Road. The plat map shows that the applicant will align the east leg
with the west leg, and that the west leg will return to its present right-of-way
approximately 450 feet east of Military Road. Thus, parcels to the east using S.
298th St. for access will not be impacted.
The site is located within the RS-5.0 zone classification which authorizes single
family residential dwellings on minimum lot sizes of 5,000 square feet, and which
requires front yard setbacks of 20 feet and side and rear yard setbacks of five feet.
The plat shows a minimum lot size of 5,000 square feet, a maximum lot size of
2 EXHIBn L
PAGE~OF: 29-
10.
11.
12.
7,565 square feet, and that all required setbacks can be met.
8.
The parcel abutting the north property line is within the RM-3,6QC ' Multi-Family zone
classification and improved with a mobile home parle The abuttirn;;1 :parcel to the east
is located within the RS-5.0 zone classification and improved 'Nllrth the Steel Lake
Grange. Parcels to the south and southwest are within the RS-9-. 5:. and RS- 7.2 zone
classifications and improved with single family residential dweJlj~s. Parcels to the-
north and northwest are within the RS-9.6 and RS-5.0 zone claSSEffications and also
improved with single family residential dwellings. The propoSal 'ior a single famiiy
residential subdivision on 5,000 square foot minimum lot size5 :=onforms with thE
zoning and is compatible with existing and future uses in the ares as contemplatec
by the Federal Way Comprehensive Plan and the Federal Way ,::::rty Code (FWCC-,
9.
Most of the site has significant grade changes which will nece:ssitate substantia
grading. Slopes range between 5% and 10% with the exceptio:-:- of a 100% sloPE
located eight to 15 feet north of the north property line. This slar:Ee ranges from 12
to 32 feet in height and was artificially created by grading for the --nobile home park.
The applicant commissioned a geotechnical engineering study b'J -:=arth Consultant::;
which was submitted March 16,2000. The study detennined tha:-::the slope is stable
in its present condition and configuration and consists of very dEf'SSe glacial till soils-
Site preparation will include grading 75% of the parcel and cor:structing retaininç
walls varying between two and six feet in height along Military ~d. Conditions cf
approval require a supplemental geotechnical analysis to rEoview final desigr
specifications, observe land surface modification activities, - verify subsurfae:e
conditions, monitor construction activities, and ensure com::IJliance with the
recommendations contained in the present geotechnical re'polL
On-site vegetation consists of domestic shrubs and grasses with a variety cf
deciduous and evergreen trees. Approximately 50% of the existtrr;g significant tre€"'-
outside of proposed rights-of-way and the storm water detentiar :pond tract will be
eliminated, and the applicant proposes replacement trees alom;:- the western anc
northem perimeters. A condition of approval requires a finallan=scape plan whic:-
will meet the requirements of the significant tree ordinance.
The site supports no threatened or endangered plant or animal s:::E:!cifies, but is liket'!
limited to small birds and animals. Retention of trees and vegetæI=n where possible
and installation of landscaping will help mitigate the loss of habiiE.:. No wetlands cr
streams are located on the site and the only critical area is the sæsep slope eight tJ:::
15 feet off-site to the north.
The applicant has designed the plat to provide internal peaE:!Strian circulatior.-
Improvements will ensure safe access by school aged children :C:J both internal anc
adjacent school bus stops. The plat map shows a mid biGot:. non-motorize<:.
3 c..
EXHIBIl
PAGE-R-OF: 2"1-
13.
14.
15.
16.
17.
pedestrian/bicycle pathway between a cul-de-sac in the west-central portion of the
site and the mid point of the internal plat road extending north from S. 298111 St. The
path will have a paved width of 12 feet and be located within a 20 foot wide tract.
Design requirements include pedestrian scale lighting and no sight obscuring
fencing or landscaping on abutting lots.
The applicant has submitted a preliminary landscape plan which shows street trees
in planter strips along the east side of Military Road, both sides of S. 298'" St., both
sides of internal plat roads, and within the cul-de-sac. The applicant will also provide
a minimum ten foot wide Type III landscape strip along Military Road in a separate
tract to be maintained and owned by homeowners. The storm detention tract must
also be screened from adjacent streets and residences. The significant tree
replacement plan will also be reviewed and approved with the landscape plan.
Conditions of approval require a final landscape plan depicting all required
landscaping elements.
The City Subdivision Code requires the applicant to provide open space in the
amount of 15% of the gross land area of the parcels, or as an option (which the
applicant has requested), the applicant may pay a fee in lieu of providing the on-site
open space. The Parks Director has accepted the fee as requested.
Right-of-way improvements to Military Road will include pavement widening, tapers,
curb and gutter, street trees in a planter strip, streetlights, an eight feet wide
sidewalk, and a utility strip all constructed within the right-of-way width of 39 feet as --
measured from the centerline. The applicant will also construct.a southbound left
turn lane in Military Road with a storage length of 50 feet at the 298th/Military Road
intersection. As previously found, the applicant will also correct the existing
hazardous offset intersection. The applicant will overlay existing concrete over the
full width of Military Road for the length of the project frontage including tapers to
ensure a safe and consistent road section. Improvements to S. 298111 St. and intemal
plat roads will include a 32 foot pavement width, five foot wide sidewalks, four foot
wide planter strip, and streetlights within a 56 foot wide right-of-way.
The Federal Way School District will bus elementary and junior high school students
from bus stops within the proposed subdivision and high school students from a bus
stop on Military Road just outside the plat. The sidewalk system will provide safe
routes for students walking to bus stops. The applicant must also comply with the
City School Impact Fee Ordinance and make a per lot payment to offset the impacts
on the district of school aged children residing within the plat.
The applicant will pay an optional fee in lieu of providing an on-site recreational
open space which the City will utilize to improve recreational opportunities within the
planning area of the site. Steel lake Park is located approximately one mile
4 EXHIBri C
PAGE-ZLOF'- 2?-
18.
19.
20.
southwest of the site.
Lake Haven Utility District will provide sanitary sewers, domestic water, and fire flow
to the site.
Abutting property owners raised concerns regarding the impact of storm water
runoff. The applicant must design and construct storm drainage facilities in
accordance with the requirements of the 1998 King County Surface Water Design
Manual and the City's amendments thereto. The storm' water plans propose to
collect and convey storm water to a combination water quality/detention pond at the
northwest corner of the site. The pond will then discharge storm water at a metered
rate to the existing City drainage ditch on Military Road. The applicant's grading
plan will assure that an storm water is directed to the storm drainage pond, with the
exception of the runoff from the S. 2981h SI. pavement near the southeast corner of
the site which will continue to flow to the ditch along Interstate-5.
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
ci"iteria are hereby made as follows:
A.
The proposed preliminary plat is consistent with the Federal Way
Comprehensive Plan adopted December, 1998, which designates the
property as Single Family-High Density. Developing the site with minimum
5,000 square foot lot sizes is consistent with density allowances and policies:-
B.
The preliminary plat complies with all applicable provisions of the FWCC
including those adopted by reference. The plat must comply with all FWCC
provisions to include those set forth in Chapter 18, Environmental Policy;
Chapter 20, Subdivisions; and Chapter 22, Zoning.
C-
The preliminary plat is consistent with the public health, safety, and welfare.
D.
The project complies with the design criteria set forth in Section 20-2 FWCC.
It promotes the effective use of land by proposing a development in
compliance with both the comprehensive plan and zoning. The proposed
plat avoids congestion and promotes safe and convenient travel on City
streets by providing significant street improvements along Military Road to
include a left turn lane and alignment of the east and west legs of S. 298!h
Street. Adequate air and light are addressed by meeting all setbacks, and
water and sewage will be provided by the Lake Haven Utility District.
E.
The project complies with FWCC Sections 20-151 through 20-157 which set
forth subdivision design standards, and Sections 20-178 through 20-187
5 EXHIBIl
PAGE.LLOF: Z'1-
Co
FWCC which set forth required infrastructure improvements to include water,
sewage, storm drainage, street lighting, streets, and landscaping.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and make recommendations to
the City Council on the issues presented by this request. .
2.
Section 20-110 FWCC requires the Examiner to review a preliminary plat for
compliance with applicable sections of the FWCC and RCW 58_17 at a public
hearing and issue a written recommendation to the City Council which then makes
the final decision.
3.
The applicant has established that the request for preliminary plat approval of
Tresden Place is consistent with the Single Family High Density designation of the
Federal Way Comprehensive Plan and satisfies all bulk requirements of the RS-5
zone classification of the Federal Way City Code.
4.
The applicant has also established that the request satisfies all criteria set forth in
Section 20-126(c) FWCC, the design criteria listed in Section 20-2 FWCC, and the
development standards listed in Sections 20-151 through 20-157 FWCC and in
Sections 20-178 through 20-187 FWCC. '-
5-
The proposed preliminary plat makes appropriate provision for the public health,
safety, and general welfare for open spaces, drainage ways, streets, alleys, other
public ways, water supplies, sanitary waste, transit stops, parks, playgrounds,
schools and school grounds, sidewalks, and other planning features that assure
safe walking conditions for students. The proposed preliminary plat will serve the
public use and interest by providing an attractive location for a single family
residential subdivision in a mixed use area of the City while at the same time
correcting existing road deficiencies.
6.
The Federal Way City Council should approve the proposed preliminary plat subject
to the following conditions:
1.
6
EXHIBIT c.
PAGE~OE 2?-
þ:J n:.
2.
If any structures will remain on the site, all applicable building and zoning
nonconformances must be corrected to meet applicable codes, including
structural setbacks from property lines; and in addition, sheds and/or other
accessory buildings are not permitted as primary uses on single family
residential lots-
3.
The applicant shall obtain the services of a qualified geotechnical engineer
to review engineering design and specifications; be present on site during all
land surface modification activities; verify subsurface conditions; inspect and
conduct compaction tests for the roads, building lots, detention pond and
retaining walls; ensure implementation of the recommendations in the
3/16/00 geotechnical report; and provide the city with any additional
geotechnical recommendations for plat construction and future homes on the
site, including revegetation of disturbed areas and lot drainage adjacent to
the steep slope; subject to determination by the Directors of Community
Development Services and Public Works.
4.
Prior to final plat recording, the preliminary plat map shall be revised as
follows:
A.
.1
-
B.
G
(!)
19
D
Notation that no driveways will be allowed to lots abutting Military
Road, and all driveways must be set back a minimum distance of 25
feet from adjacent intersections. '
Revise plat road sections to include street lights, street trees, and 3"
depth "Class B" asphalt concrete (in lieu of 2" as shown); per "Type
U" cross-section;
Notation that any fencing adjacent to Military Road right-of-way shall
be located inside (east) of the required landscape buffer tract;
Notation that no sight-obscuring fencing or landscaping will be
permitted along lot lines abutting the internal pedestrian pathway;
Relocate the retaining wall alongside Military Road South, out of the
right-of-way;
Language dedicating all public rights-or-way, the storm drainage tract,
and the pedestrian pathway, to the City of Federal Way;
if\. Lahguage dedicating the landscape buffer tract to the Homeowners
L/within the plat; and establishing responsibility for maintenance of cul-
7 EXHIBIl C
PAGE '1-') OF:
Z:J-
G
de-sac landscaping with Homeowners;
Drainage easement restrictions that structures, fill or obstructions
(including but not limited to decks, patios, outbuildings, or overhangs)
shall not be permitted beyond the building setback line or within
drainage easements. Additionally, grading and construction of
fencing shall not be allowed within drainage easements shown on the
plat map, unless otherwise approved by the City of Federal Way;
~ Any geotechnical restrictions and conditi~ns for future building
/ U development, pursuant to Condition #3, above-
j 5. Prior to issuance of construction permits, a final landscape plan, prepared by
a licensed landscape architect, shall be submitted for review and approyal
by the Director of Community Development Services, and shall include the
following elements:
A.
B.
C.
D.
E.
F.
G.
H.
6.
Visual screening of all property boundaries of the detention tract (and
fencing if applicable) from adjacent properties and the right-of-way;
Street trees on the project side of Military Road, and both sides of
South 298'" Street and internal plat streets;
Ten foot Type III landscape tract against Military Road;
Vegetative screening of retaining walls;
Cul-de-sac landscaping;
Revegetation of disturbed slope areas (as recommended by the
geotechnical engineer pursuant to Condition #3, above);
Significant tree identification and replacement; and
Type III landscaping in the area of Lots #47 and #48, if the existing
right-of-way is not vacated pursuant to Condition #1, above, resulting
in eliminating these lots from the plat.
8
EXHIBIl ¿:
PAGE-u-OF. 21-
7.
Prior to issuance of construction permits, the applicant shall submit
elevations and design descriptions of retaining walls and rockeries; showing
that these are harmonious with existing adjoining residential uses and
promote residential design themes through such means as terracing,
orientation, natural material selection, use of vegetation, and textural
treatment; for review and approval by the Directors of Community
Development and Public Works.
8.
Prior to issuance of construction permits, the applicant shall submit
elevations and design descriptions of fences, where visible from rights-of-
way or pedestrian areas, showing that these utilize natural materials and
colors; and that' fencing of the detention pond (if required by the KCSWDM)
is vinyl coated in a dark color and screened by landscaping (pursuant to an
approved landscape plan); for review and approval by the Directors of
Community Development Services and Public. Works.
RECOMMENDATION:
It is hereby recommended that the Federal Way City Council approve the
preliminary plat of Tresden Place subject to the conditions contained in the
conclusions above.
Ji'j
DATED THIS - ø~
sri EN K. CAUSsE~
Hearing Examiner
TRANSMITTED THIS ~ DAY OF August, 2000, to the following:
APPLICANT(S):
Richard Butko
Butko Construction Co.
P.O. Box 3266
Federal Way, WA 98063
Michael Knapp
Sound Engineering, Inc.
1019 Pacific Avenue, Ste. 906
Tacoma, WA 98402
9
EXHIBIl c
PAGE '2.1- OF: 2-:r
EXHIBIT D
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING THE FINAL PLAT OF TRESDEN
PLACE, FEDERAL WAY FILE NO. 02-101104-00SU.
WHEREAS, the preliminary plat of Tresden Place, City of Fedetal Way File No. 99-103384-00SU, was
approved subject to conditions on September 19, 200 I by Federal Way Resolution No. 00-322; and
WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 00-322 and in the
August 2, 2000, Recommendation of the Federal Way Hearing Examiner; and
WHEREAS, the applicant submitted the application for final plat for Tresden Place within the required
time of receiving approyal for the aboye-referenced preliminary plat; and
WHEREAS, the City of Federal Way's Department of Community Development SetYices and Public
Works Department staff haye reviewed the proposed final plat for its confonnance to the conditions of
preliminary plat approval and the Federal Way Hearing Examiner, and their analysis and conclusions are set
forth in the May 24, 2002, Staff Report; and
WHEREAS, the City Council Land UsefTransportation Committee considered the application for the
Tresden Place final plat at its June 3, 2002, meeting and recommended approyal by the full City Council; and
WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat
ofTresden Place during the Council's June 18,2002, meeting;
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS:
Section 1. Findings and Conclusions.
1.
The final plat for Tresden Place, City of Federal Way File No. 02-101104-00SU, is in substantial
confonnance to the preliminary plat and is in confonnance with applicable zoning ordinances or other land
use controls in effect at the time the preliminary plat application was deemed complete.
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 reyiew of the application for final plat, the proposed subdivision makes
EXHIBIT b
PAGE~OF.
3
apptOpriate provision for the public health, safety, and genetal welfare, and for such open spaces, drainage
ways, streets or tOads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, patks
and recreation, play grounds, and schools and school grounds as are required by City Code or ate necessary
and apptOptiate, and ptOvides for sidewalks and other planning features to assure safe walking conditions for
students who only walk to and from school.
3.
An Enyironmental Determination of Non significance (DNS) was issued for the proposed action on
May 20, 2000. No comments or appeals wete receiyed ptior to the established deadlines of June 5, 2000, and
June 19,2000, respectiyely, and the initial determination became final without modification.
4.
The public use and intetest will be served by the final plat approval granted herein.
5.
All conditions as listed in the Federal Way Resolution No. 00-322, and the conditions in the August
2, 2000, Recommendation of the City of Federal Way Heating Examiner, have been satisfied, and/or
satisfaction of the conditions have been sufficiently guatanteed by the applicant as allowed by Federal Way
City Code Section 20-135.
6.
All required improyements haye been made and/or sufficient bond, cash deposit, or assignment of
funds haye been accepted as guatanty fot completion and maintenance of all required plat improvements, as
identified in the May 21, 2002, Staff Report.
7.
All taxes and assessments owing on the ptOperty being subdivided have been paid, Ot will be paid
ptior to tecording the final plat.
Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I
aboye, the final plat of Tresden Place, City of Federal Way File No 02-101104-00SU, is approved subject
to satisfaction of the maintenance conditions identified in the staff report and as required by applicable
codes and policies.
Section 3. Recording. The approyed 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. #
, Page 2
EXHIBIT b
PAGE--LOF:
3
Section 4. Sevetabilitv. ¡fany section, sentence, clause, or phrase ofthis resolution should be held to
be inyalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the yalidity 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 affinned.
Section 6. Effectiye Date. This resolution shall be effectiye immediately upon passage by the Fedetal
Way City Council.
RESOLVED BY DiE CITY COUNCIL OF DiE CITY OF FEDERAL WAY, WASHINGTON, DiIS - DAY OF
,2002.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH DiE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
Res. #
, Page 3
EXHIBrl "h
PAGE---2-0F..
3
MEETING DATE:
June 18,2002
ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
City of Federal Way and City of Bellevue Interlocal Agreement for K9 Training
CATEGORY:
~ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
BUDGET IMPACT:
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: City of Federal Way and City of Bellevue Interlocal Agreement for K9 Training, and the Parks,
Recreation, Human Services, and Public Safety memo from Chief Kirkpatrick
SUMMARYIBACKGROUND: The City of Bellevue is providing its K9 Training Master to the City of Federal Way to
assist in the training and certification of a newly formed K-9 unit police dog generalist team for general police services
support; specifically in the areas of tracking and trailing, area and building searching, evidence recovery, and
pursuit/protection.
There is currently no cost to the City of Federal Way for the K9 Training.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the City of Federal Way and City of Belle vue
Interlocal Agreement for K9 Training.
PROPOSED MOTION: HI moye approyal of the City of Federal Way and City of Bellevue Interlocal Agreement for K9
Training."
~~;~::~~~ ~~~~~~~::~~~I=~~~~¡::;
(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 - 05/10/2001
5.E
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date:
June 3, 2002
To:
Parks, Recreation, Human Services & Public Safety Council Committee
Anne E. Kirkpatrick, Chief of POliCÛ Z ¿
David M~anger
City of Federal Way and City of Bellevue Interlocal Agreement for K9 Training
From:
Via:
Subject:
Back!!round:
The City of Bellevue is providing its K9 Training Master to the City of Federal Way to assist in the
training and certification of a newly fonned K-9 unit police dog generalist team for general police
services support; specifically in the areas of tracking and trailing, area and building searching, evidence
recoyery, and pursuit/protection.
Start-up Costs:
There is currently no cost to the City of Federal Way for the K9 Training.
Committee Recommendation:
Approve the City of Federal Way and City ofBellevue Interlocal Agreement for K9 Training and forward to
full Council for consideration at the June 18, 2002, Council Meeting.
APPROVAL OF COMMITTEE REPORT:
Committee Member
1;: -I
INTERLOCAL AGREEMENT
DRAFT
Ce((( (6L-
This Interlocal Agreement (Agreement) is made and entered into on the date last
signed below by and between the City of Bellevue and the City of Federal Way
pursuant to and as authorized by the Interlocal Cooperation Act (RCW 39.34).
Whereas, the City of Bellevue is providing its K9 Training Master to the City of
Federal Way to assist in the training and certification of a newly formed K-9 unit
police dog generalist team for general police services support; specifically in the
areas of tracking and trailing, area and building searching, evidence recovery,
and pursuit/protection currently at no cost to the City of Federal Way; and
Whereas, the opportunity to provide this training to the City of Federal Way
allows the City of Bellevue's K-9 Training Master to become certified by the
Washington State Police Canine Association as a Trainer, which benefits the City
of Bellevue by making its K-9 Unit able to certify its own K-9 teams to State
standards as well as to have input into what those standards should be.
Now therefore, in consideration of the above recitals:
The City of Federal Way agrees to defend, indemnify and hold harmless the City
of Bellevue, its officials, agents and employees from and against any and all
claims, damages, liabilities, costs and expenses (including but not limited to
reasonable attorneys fees) arising out of, resulting from or incurred in connection
with the acts or omissions of the Federal Way K-9 unit dog(s) and/or personnel
assigned to the unit. The City of Federal Way hereby waives any immunity,
defense or other protection that may be afforded by any workers' compensation,
industrial insurance or similar laws (including, but not limited to the Washington
Industrial Insurance Act, Title 51 of the Revised Code of Washington). The
obligation to indemnify, hold harmless and defend as set forth in this Agreement
shall survive the termination or expiration of the Agreement.
The signatories to this Agreement represent and warrant that he/she/they are
authorized to sign an Interlocal Agreement on behalf of their respective
municipalities.
THE CITY OF FEDERAL WAY
Dated:
By:
Title:
Dated:
THE CITY OF BELLEVUE
By:
Title:
_:~E~:~::~~__~une ~~OO2______---~------------------- ---~~~:~ -- --~-- ___r¿_~-
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
City of Federal Way and City of Belle vue Interlocal Agreement for K9 Training
CATEGORY:
BUDGET IMPACT:
i:8J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Bndgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
---------------------------------------------------------------------------------------------------
ATTACHMENTS: City of Federal Way and City of Belle vue Interlocal Agreement for K9 Training, and the Parks,
Recreation, Human Services, and Public Safety memo ITom Chief Kirkpatrick
--------------------------------------------------------------------------------------------------------------- ---
SUMMARYIBACKGROUND: The City of Bellevue is providing its K9 Training Master to the City of Federal Way to
assist in the training and certification of a newly fonned K-9 unit police dog generalist team for general police services
support; specifically in the areas of tracking and trailing, area and building searching, evidence recovery, and
pursuit/protection.
There is currently no cost to the City of Federal Way for the K9 Training-
-------------------------------------------------------------------
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the City of Federal Way and City ofBellevue
Interlocal Agreement for K9 Training-
-----------------------------------------------------------------------------------------------------
---------------------
PROPOSED MOTION: "1 moye approyal of the City of Federal Way and City of Belle vue Interlocal Agreement for K9
Training."
------------~ - ----~-------------------------
CITY MANAGER APPROVAL: ~ ~11'
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
--------------------------
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
S.H
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date:
June 3,2002
Snbject:
Parks, Recreation, Human Services & Public Safety Council Committee
Anne E. Kirkpatrick, Chief of POlica 'l ¿
David M~anger
City of Federal Way and City of Bellevue Interlocal Agreement for K9 Training
To:
From:
Via:
Backl!ronnd:
The City of Belle vue is providing its K9 Training Master to the City of Federal Way to assist in the
training and certification of a newly fonned K-9 unit police dog generalist team for general police
services support; specifically in the areas of tracking and trailing, area and building searching, evidence
recoyery, and pursuit/protection.
Start-un Costs:
There is currently no cost to the City of Federal Way for the K9 Training.
Committee Recommendation:
Approye the City of Federal Way and City of Belle vue Interlocal Agreement for K9 Training and forward to
full Council for consideration at the June 18,2002, Council Meeting.
~-I
INTERLOCALAGREEMENT
DRAFT
~((( (()L-
This Interlocal Agreement (Agreement) is made and entered into on the date last
signed below by and between the City of Bellevue and the City of Federal Way
pursuant to and as authorized by the Interlocal Cooperation Act (RCW 39.34).
Whereas, the City of Bellevue is providing its K9 Training Master to the City of
Federal Way to assist in the training and certification of a newly formed K-9 unit
police dog generalist team for general police services support; specifically in the
areas of tracking and trailing, area and building searching, evidence recovery,
and pursuit/protection currently at no cost to the City of Federal Way; and
Whereas, the opportunity to provide this training to the City of Federal Way
allows the City of Bellevue's K-9 Training Master to become certified by the
Washington State Police Canine Association as a Trainer, which benefits the City
of Bellevue by making its K-9 Unit able to certify its own K-9 teams to State
standards as well as to have input into what those standards should be.
Now therefore, in consideration of the above recitals:
The City of Federal Way agrees to defend, indemnify and hold harmless the City
of Bellevue, its officials, agents and employees from and against any and all
claims, damages, liabilities, costs and expenses (including but not limited to
reasonable attorneys fees) arising out of, resulting from or incurred in connection
with the acts or omissions of the Federal Way K-9 unit dog(s) and/or personnel
assigned to the unit. The City of Federal Way hereby waives any immunity,
defense or other protection that may be afforded by any workers' compensation,
industrial insurance or similar laws (including, but not limited to the Washington
Industrial Insurance Act, Title 51 of the Revised Code of Washington). The
obligation to indemnify, hold harmless and defend as set forth in this Agreement
shall survive the termination or expiration of the Agreement.
The signatories to this Agreement represent and warrant that he/she/they are
authorized to sign an Interlocal Agreement on behalf of their respective
municipalities.
THE cm OF FEDERAL WAY
Dated:
By:
Title:
MEETING DATE:
June 18,2002
ITEM#
lll=-
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: 2002 REQUESTS BY CITIZENS FOR AMENDMENTS TO CHAPTER 22, FEDERAL WAY CITY CODE
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
[8J PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: May 15,2002 Memotandum to the Land Use Transportation Committee (LUTC); May 2002 Staff Report to
the LUTe.
SUMMARYIBACKGROUND: The City has receiyed the following six requests for Zoning Text Amendments: I) Add
churches to the permitted uses in the Neighborhood Business (BN) Zone; 2) Allow additional density and remoye restriction for
multiple family on the ground floor in the BN zone; 3) Add health clubs to the permitted uses in the BN zone; 4) Add batting cages
to the permitted uses in the BN zone; 5) Allow more office space per tenant in the Business Park (BP) zone; and 6) Allow existing
nonconforming single tenant office spaces in the BP zone. The LUTC reyiewed the requests at their meeting on May 20, 2002 and
recommended that they all move forward to the City Council for a public hearing and determination on whether they should be
studied further. ¡fthe Council determines that these requests be studied further, staff will prepare code amendments, the Planning
Commission will conduct a public hearing on these amendments, and the amendments will come back to Council for final action.
CITY COUNCIL COMMITTEE RECOMMENDATION:
Approye all requests for further study.
PROPOSED MOTION: "I moye approyal of the LUTC's recommendation to direct staff to further teyiew the six requests for
Zoning Text Amendments and prepare text amendments for consideration by the Planning Commission and City Council."
~~~~~~~~~~~~;;~~~~~:~
(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 #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:ICD Administration FiieslAdministrative Assistant I Desk BooklFormslAGENDA BILL.DOC/O6/11/2002 8:29 AM
MEMORANDUM
FROM:
Land Use and Transportation Committee
Kathy McClung, Director of Community Deyelopment Services ~
TO:
VIA:
David Moseley, City Manager
DATE:
May 15, 2002
RE:
Citizen requests for zoning text changes
Attached please find the staff report for six requests from citizens to change existing
zoning regulations. Four of the requests are to allow more uses in the Neighborhood
Business zone: churches, batting cages, higher density multi-family units, and health
clubs. The remaining two requests are for changes to the Business Park zone to allow
more flexibility of office uses.
These requests follow the same procedure as the Comprehensiye Plan changes you
recently reviewed. Once the requests haye been reyiewed by the LUTC, a public hearing
will be held before the full CounciL Requests recommended for further study will go to
the Planning Commission for a full review and public hearing and a recommendation will
be forwarded to the LUTC and full Council for adoption.
CITY OF FEDERAL WAY
ST AFF REPORT
May 2002
Selection Process - 2002 Zoning Code Text Changes
BACKGROUND
The Groyy1h Management Act requires jurisdictions to allow the public to suggest updates to their
codes and comprehensive plans once a year, Pursuant to Federal Way City Code ([,WCe) Scctlon 22-
523, after the deadline for aeceptmg applical1nns, the City Council shall hold a public hearing and
sclect those docketed amendment requests II wIShes to m()\'e to the Planning Commission I()I furlhel
considelatlon, It IS the City's placllce that all (Ily husmess he plesenled 10 a Council C()lllmittec, III
this case the Land Use/TransportatlOn Commltlee l[1 IIC), hel(Jle Coullcil delibclatll1l1, Ihe
Iccommel1ded Complehcnslve Plan lequests hll\ e alll'auy heel1 through the LUTC Committee thIS
yea I This staff rcport will only addrcss the requests 101 mnlllg text amendments,
II
TEXI CI L\NGI:S PIWI'OSI:IJ
The City has received six requests Ii 0111 thlee 1IlIll\ldllal,
Request 11/- Text Amendment to allow ellmehes, "11l1gogues, 01 olhel places 01 lehglOilS
wolship m the Nelghhorhood Busmess ([tN) II)lle H\ Young Chul Joe 8: (¡OO.lt1 Joe
(Exhibit A)
Request 112 Text amendment to Inell'llSe Ihe den"l\ I," muill-dwe[hng housmg Imm ,(,tItI
square feet per unit to ] 800 square !'eel pcr UIIII. al1d lhh lIse be allowed 111 the grolll1d nool
111 the BN zoning districl. By Y ollng Chul Joe and (;,J<, Ja Joc (hhli)11 [J)
Request !i3 - Te't amendmenl to allow ¡¡ca[lh Clllh lIndcr Relllli Fsll1bllsl1l11cnl pro\'!dIl1g
recreallonal acll\'!tlcs In the BN 1OIllllg dhlne\ HY Y('UllC) ('[)(I[ Joc and (ioo Ja JOl' (E,11II1n
C)
Reque" 114 lexi amCl1dmenllo allow [wl"", [\h"hldl [\alllll~ Cagl's I1ndl'l ['CIl1l1
FslabllS11I11l'nt pro\'ldIl1g recreatlona[ aml'nlrll" 111\h,' 11'-' (11I1Ing dlStllL'l 1\\' Ynnng ('[JIll
Joe and (¡oo.la Joe (E,hil)IIIJ)
Rcqnesl I'c\t amemlmCllllol1lC1l',hC Ibe "llIC' ,II ,'a all"'\ul pel 1C11:1nI1l1Ihe Hu"u,s,
Park ([\[') zonllH) (bstnel. I1\" Roher! [[art (hhil'll II
Rl"!lIesli/(, le\lllll1eI1lIml'l1llolil[(J\\l"'.\lll,,'n"n1""l<1I111I1l1)0111l'l'11I1IIdlll\)\1I1111l'I\I'
1"l1l'I"I1,[1('II1I1II('(loulrl('[II.I\Y Malklr,'11l1,1!,ll,l'll[1
III REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 22, ArtICle IX, "Process VI Review," the City Council is required to
review all requests concurrelllly. Fuliher, Imor tu aduptlon, the Council IS required to hold a public
healing, at wllleh lime it selects those amendment requests It wishes to consider for adoption.
[V PROCEDURAL SUMMARY FOR 2002 COMPREIIENSIVE PLAN AMENDMENT PROCESS
September 30, 2001
Deadline for Applications
May 20, 2002
LUTC Meeting - A summary of all requests will be presented to the
LUTC for deteffilination of which requests should be considered
during the upcoming amendment process,
June 17,2002
Public Healing by City Council.
v,
STAFF ANALYSIS AND RECOMMENDATION
A.
Potelltial Challges to the EN Zolle
flockgrolllld -- Challll Joe Ro IS one of the oWllers of the Northshore Shapplllg Cellter located on
the west side of 21" Avenue SW and 356'" Street. She alld other p"rtners h"ve owlled the
shopping center ièJr approximately two years. During tllls time she hds approached the City
about [oedling " church, balling cage, fitness cellter. 'Illd nightclub III the center, Ilone of which
arc speerllc uses allowed under current ZOl1lllg
ller plOpeliy eulTently has four small tenant SPdceS that ale leased, but there is another 17,000
square fect.that is vacant. The last tenants to use this space were a thllft store and a low-end
l"ull1lture store
[ here arc eight ßN areas wilhin the City located at 340'" Street and 110)1, 35(>'" and 21" Avenue
S\\". 3Y>'" alld 21" Avenue SW (Twin Lakes), \ 12'" Illld Dash POIllt Road,.\ 12'" and 8'" Avenue
S\\". 330'" and I" Avenue South (the Quad) and Mtlltary Road and South 288'" The purpose of
the BN /()ne according to the adopted comprchenslve plan IS to
provide convenient goods (e,g. grocellcs alld hard\\are) and selVlces (eg dry
cleaners, dentist, bank) at a pedestrian and nclghhoil'<Jod scale close to 'Id[accnt
rc"dcntlaluscs Developments eombll1lllg rcsldl'l1tlal 'Ind eommcrclaluses pro\'lde a
c"l1\cnlentll\'lIlg Cll\'lronment wlthulthcse nmb ..
fll'l/"nl ilf
1'0 allow churches, synagogues, or olhel place of religious worship III the IJN IOnc
(1wrehe's Inc culTently permitted In all rcsldentl,tl /()nc', ,II HI the' (,'nllllnlllt) I1USIIlCSS, City
('('llkl (,'IC Ilml hamc /()ncs. Churches Inl' Ill'l culllnth 11l'lIlllttcd III Nclghhorhood I\u'lncss.
'"", I"""", (",I, I"" 1"""I"s
5,',,", ",'" I'll"", Sl,I" "'I"'"
,(", êIH¡'
1',II'e'.'
Offlcc Park, Professional Office, or Business Park zones, Pennlttlng small-scale churches that
serve the immediate area would not be in conn,ct with the purpose of the BN zone,
Staff Recommendation: To procccd further in the analysis of allowing churchcs in thc IIN
zollillg district.
Reql/cst #2 - To increase density for multi-dwelling housing li'om 3600 square feet per unit to
1800 square feet per unit, and to allow multi-family dwellings on the ground noor in the BN
zonIng district.
Multi-family housing units arc currently allowed In the BN zol1Ing dlStnet under certain
conditIOns:
* The use cannot be located on the ground noor of the struclure and must contain one or
more other uses allowed in this zonc,
, The property must contain at least 3600 square feet per dwelhng unit or one acre fOi
every 12 dwelhng Units,
"'nO' multi-Iàmily use must be setback a mlilimum or 20 ¡Cel and must nol C\ceed :\0
feet m height rrom any residential zone,
Creallng nllxed-use developments that incorporate housmg and meet the commcrcial and service
needs or Ihc surrounding neighborhoods is desirable, The Immary use or the BN zoned property
should reillam commercia] and service uses, However. Ills posSIble to keep these uses and still
IIK"'p",ate rrceslandmg multl-Iàmily Ul1lts m a vanely or melhods The deSlgl1 or Ihe ovcrall
proleet should be the focus, rather Ihan a density cap or a grool1d 110m resineiloo 111 every ""'C,
Stall Recommendation: To proceed furthe,' ill the alia lysis to :1110\\ multi-family ullits ill
the IIi'> zone without the ground floor restriction and reducillg the density ,'equi,'ement
from 3600 square feet per dwelling unit to 1800 squ:u-e feet per dwellillg unit.
[I(',///('sl!i3 To allow Health Club under Relail Estabhshment pla\lChl1~ recreational amel1ltle,
111 Ihe tIN zomn~ dIStrict.
II", (,10' h:1S rccelved a number or rcquesls rrom dillcrel1l properl\ (I\\nCI' ,lIld "~cnlS 10 pemltl
heallh club t)l)C facilltlcs in thc BN devclopmcills Most (1fthe requesls ha\(' been lor small,
nclghhOlI](1od style e,erclSc liletlities thai would alh1\\ C,'l'lelSe e!;¡"e, ami "'"'" l'qulpmcl1l 1,"
people 11\11l~ 1111he Ilelghhorhood, IIlIiICt, there arc a rew ofthcse slI1allellacillllcs Ihal aliead)
C'lSt III the IJN ZOlle Thc lolling regulalions do 11(11 spccilically hsl hcahh eilib Llellllle, as a
1"'¡l1l1llcd LISC III Ihe IJN zone, 110we"er addllll1l1,,1 Llclhllcs ale lill,,\\"cd I1mlel relllli
esll¡!,llShl"'"1 at Ihe ,bseretloll ollhe Commlll1l1y De\elopment 1),Ie'C!(11 (It\ St"lflSsued :111
IIl!elplc'l"tlan 111 No\cllIber 200t, which all(1\\s hl'alth club lacllillL'S 1](11 c,ec'c'dlllg 7500 "Iuarl'
kc'l 111 llic' HN /(l11111~ dlSlllet. 1111s would preclude [;1I~l' hcil'IIL" 11:;lllc'ly 011 "II lIIC"'-\lI,k
1l1CllIbc"\sllIl' la 'licceed and bnng In adehtlCll1"llr"II,e ,'IOllllllIISl,k Ilic' ,IIC" ,\ eade llillel1dl11CI11
10 I," '"" I I/,l' Ihls Il1leIl"elalloll or sOllie lorm or IllIS 1I1Il'lpll'1l11111l1 " ,leSlI"I,k
SI"II 1{I'I"Ol1l1lH'llilalioo: To pn,eecd \\ ilh furlh,']" al1:IIv sis 01 allo\\ illg ,,":111. heallh dub
lacill!ies ill Ihc B\ IOlIill~ district.
'110' 1,","""
\d"""" I'"",
1,,11
\1." ',III'
"'1"'0
1',1'" (
Request #4- To allow indoor baseball batting cages under Retail Establishment providing
recreational amenities in the BN zoning district.
Currently, the I3N zoning d,strict docs not spccifically permit any recreational use, Providing
recreational amenlt]es for the neighborhood seems in keepmg with the mtent of Neighborhood
Business as long as the facility is the size and scale of a neighborhood business, rather than
attracting a regIOnal draw.
Staff Recommendation: To proceed with further analysis of allowing small, recreational
uses within the ßN zoning district, including batting eages-
s.
Potential Changes to the SP Zone
Backgwnnd - The CÍly has received two requests for changes in the 131' zoning district. The
purpose of the Busmcss Park zone according to the comprehensive plan IS:
,lIlteneleel to capture the growing demand for higher quality, mixed use busilless
parks which perm't a mixture of light manufacturIng, warehouse/distrIbution, office
and lirn'ted retad uses to serve the immediate needs in the area."
The City has received a number of requests in the past few years to change the Comprehensive
Map anel ZO]Hng Ie)] exlStlng 131' land, Large parcels of note arc the "K]t!'s Corner" prOpe]1y that
is cunently bClng reVIewed under a developer's agreement to I3C zonlllg ["r a mixed use project,
the ChrIstian Faith Cen!er prope]1y that is currently being reviewed under a developer's
agrccmenl to RM zonlllg to construct a church, Rob Rueber's request on behalfofClergct
Industnes anel STRS Associates to change to BC zoning for future dcvelopment of retatl. City
stalf have already been contacted by other owners of BP zoned land in order to prepare a request
for a zoning change III next year's comprehensive plan change process
The uses currently allowed rn the BP zone may not be tlexlble enough to responel to today's
market. The City created the BP zomng distrIct in 1995 when the ManuLlctunng Park zonrng
designation "(h cllmillated
Ncqllcs/ #5
1'0 IIlcrease the onice area allowed per tenant in the HI' zoning (ltstne!.
Bob Ilart owos tltree parcels of BP zoned land along 9'" A venue South, In tlte past few years,
Mr. Hart oblamed budding perm]!s to budd three multi-tenant buddings on IllS property, which
IS called lite lederal Way Corporate Center. Mr. Hart constructed one of the bulldlllgs, but has
I¡)und It dil,i,ull to lease out the spaces partly due to the restrictive nature or tlte zoning
restrIctions
rite code r"tillts tlte amount of omce space of any paltlcular tenant to 50 percent of tlte gross
110m area, MI Ilart contellds tltat tltere arc many users tltat require up to ~O percent olliee space,
but also Ita,,' a ""c'd !(1[ "(lIeltouse space lie suggests two alter""t,,'es to sohc' the prohlem
,\110" 1I¡,',,'oll,,'c(lIld"'(IlIltlt,'dhtlllctIlJllltetweelll)[]maryalldallcdl(1I)'!he
20021"""I"(I<"'t""(I"",,,,.
S"[,o"",,, t'",c"" 5",lt ",,"'I'
~h, !(HI,'
P.II'Ct
2. Conform to the exIsting zoning restriction on a per-project basis instead of per tenant.
Both of these alternatives have merit and warrant further study.
Staff I{ecommendation: To further study the proposal to increase the amount of office
space permitted in the III' zone.
Request #6 - To allow exIsting nonconforming office buildings in the BP zone to be permitted
outright.
Mark Freitas IS a Real Estate Broker who primarily docs business in Federal Way. Mr. Freitas'
concern is the small office buildings already existing in the BP zone that become difficult to
lease after a tenant leaves. The code aHows the office use to continue as a legal nonconforming
use as long as no improvements arc made to the building that exceed 15 percent of the assessed
or appraised value of the structure, or the property has not been abandoned (FWCC Section 22-
332). Mr. FreItas belIeves that this policy discourages small business from locatmg within the
City, and/or that they distort thc truth in order to meet the existing zoning reqLllrements.
At this pomt, City stall has not researched how extensive this issue IS or how many buildll1gs
exist within the HI' zoning district that may be difficult to lease because they were l)lnlt pIlar to
incorporation and may not mcct existing requirements. Staff docs recognize that some changes
to the BP zomng requirements may be warranted in order to make the zoning more usable in tlm
zone
Stall Recommendation: To furthe,- study existing non-conforming omce buildings in tlie
III' zone for flexibi!it\ of future use.
VI. SELECTlO~ CRITERIA
fWCC Section 22-523 stipulates criteria for sclecting amendments for further consideration
Whether the same alea or issue was studied during the last amendment process and
conditions 111 the Illlmechate VIcinity have slgmflcantly changed so as to make the
requested change \\'Ithll1 the public Interest.
Stall' Col11mel1t:The City has not previously studied any of these requests. Several of the BN
zoned properties arc older. neighborhood shoppmg centers that at one tUTIe had grocery stOICS
as their anchor tenants. Many grocery stores have left these centers to meet market clel11amb tOI
"onc Slop'. leglOn;llsiOies Ac!<j¡og llexlbillty to the uses 111 the ßN 7011e while slill leLllnlll". th,.
neighborhood character IS In the pubhc IIltclest.
C )wners of 1\1' zoned Lindha"e IIlcrcaslIlgly requested rezones of Ihell Lind to BUSlIlC."
C .ommelCial (BC) [,ICleasll1g the lleXlhillty ofol1iee uses with somc m;lIluLictlillng 01
\\";11 chouse space helps leLllll these lands In it's Clillent zoning winch III the public Ilitelesl
2.
lhe Ploposc.d ;lInelillmelit " eonslstellt with the ovclall VISion of thc complc-!lenSi \e pL1l1
SuIIC.omlll,.,lt .\11 ,"IIc"'ld II \c., II ".qIlCShiIIC.COIISISICIIt \\Ith the \hl<1n o!thec< ""I"cll<.II'I\c
2u02 ¡""""'. (",I.-I \'"\1 Ckll,¿'C.,
SclccIIIII,I'""o.S,," I;""",
".1\ 2"'"
I'.,..,.'
plan as discussed above,
3,
Whether the proposed amendment meets the existing state and local laws, including the
Growth Management Act (GMA)
Staff Coillrllent~. All requests meet exrsting state and loea! laws, rneludrng the Growth
Management Act.
4. In the case of text amendments, or other amendments to goals or policies, whether the
request benefits the City as a whole versus a selected group.
Staff Comment: [fthe proposed amendments were to be adopted, they would benefit many
properties and not a selected group,
If the request meets the criteria set forth subsectrons above, it shall be further evaluated accordrng to
the following criteria:
1. Whether the proposed amendment can be rncorporated into planned or actrve proleets
Staff Comment: If the Councrl recommends Ilnihcr study of any or all of the proposed
amendments, they will bc forwarded to a consulting firm to research and prepare the staff
reports for Planning Comrnissron, Except for tlic initial preparatIOn wrth the consultant, tlm
should not impact current prolects on the depar1ment work program,
2, Amount of analysIS necessary to reaeli a rccommen(bt;on on Ihc request. If a large scale
study IS reqUIred, a request may have to he delayed untrlthe Iollowrng year due to \1\,,1
loads, stal1lng levels, etc
StaffCol:!lment: These lequests will not lequlre large scale studies
3, Volume of requests reeel ved, A large volume of requests may necessitate that sorne
requests be reviewed rn a subsequent yeal
StaffC9rnmel1l~ These requests can be accommodated In tlll5 ycar's work program,
4, Order of requests received
Staff CorllmenL The [,wr requesh "'Ithln the 13N zone wcle lecelved 011 Septemhel 2S, 200 I
and hath rcquests with III the 131' I,onc were recelled on October I, 200 f.
The ["llowlng crrterra shall he used hy I Ill' I'Llnnlng Cumml"lon and City ('mU1CII for adopting Ic's!
amendmenh'
The proposed amclldmcnt IS CollStSll'nl c"llh Ille applicable prov"lollS of tile
comprehenslvc plan:
2,
The proposed amcndmelll hears ,I ,IIIISLlnl"rlll'Lllloll ((1 puhllc heallh, safety, or \lc'ILIll',
alld
'002 ;;°'>1°" (od" Inl (II,"I'""
S,'k,I"", I'"",.. Scdl 1"1'°'1
'1.,,'11<1 '
1',"','1'
3.
The proposed amendment is III the best interest of the residents of the City.
All requests initially meet the above criteria as discussed in the body of this report and should be
studied ful1hcr.
VII COUNCil. ACTION
Pursuant to fWCC Section 22-523(0), based on its review of requests according to the criteria in
Section VI of this staff report, the CIty Counc¡] shall detennine which requests shall be further
considered for adoption, and shall forward those requests to the Planning Commission for its review
and recommendation. The Council's decision to consider a proposed amendment shall not constitute a
decision or recommendation that the proposed amendment should be adopted, nor does it preclude
later Council action to add or delete an amendment for consideration.
VIII
LiST OF EXIlIBITS
ExhibIt A
Exhibit B
Exhibit C
Exhibit [)
Exlllblt E
Exhibit I.
Application fol Request 111 from Young Chul Joe and Goo Ja Joe
Apphcation for Request 112 tìom Young Chul Joc and Goo Ja Joe
Application for Request In from Young Chul Joe and Goo Ja Joe
Apphcation for Request 114 from Young Chul Joe and Goo Ja Joe
Application for Request 115 from Bob l1art
Apphcatlon for Request 1/6 from Malk Freitas
IX.
Recommended !\lotion
'"\ move to recommend to the full Counct! that a public hearing be conducted on June 17,2002 to consldc'l
moving [orward thc seven requests for zoning tnt amendments as recommended by stafr"
APPROVAL OF COMMITITE ACT[ON:
;---- .
'L
Eric I""s(\!l
,1/ - ~~ ¿
'k...,é{'r~~~~~ "
'{III' /,,""'" ( ".k "" (
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. EXH'BlT A':
COT 01' ~ ð A ftC..L.t1'- S
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ì}:)- »: AY" ' ,
, .,_ji¡"!/.,.,..
~~STER LAND USE APPLICA nON
DEI'ARTME"'" OF COMMUNITY DEVELOI'MUrr SLRYICES
33530 Firsl Way South
PO Box 9718
Federal Way WA 98063-9718
253-661-4000; fax 253-661-4129
www.ei.federal-way.wa.us
4(-, . ::~:.'-\AL('
_!....--,_.~ ...J.'-I
ApPLICATION No(s) C/ (- (O3g 2--4 - ôC) ~ Li P
C¡-28-01
Project Name
Noy-f-h sr. ore
?LaèO-.-
{{fA
Property Address/Location
]5'-11r¡-3550'1
Parcel Numbcr(s)
2S2.. 103 - 9002.
Date
..I.n.c.
2/ ~J
A lie. 5 LA) , 1-ed.e..rcvl I.j a.¡
c¡ f/O23
Project Description
Te/xt
o-ih~.r
a m.vn.d no e.~n.:l- ~ú
fk~ce
of rei,;:) "0'-'-5
pL!-:ASI: PRINT
Type of Permit Required
--~ Annexation
--- Binding Site Plan
- Boundary Line Adjustment
- Comp Plan/Rezone
Land Surf,!ce Modi~cati()11
.- Lot Line Uimination
- Prcapplieatioll Collfcrencc
.- Process I (Direclor's Approval)
--..'- Process II (SiIC Plall Review)
- Process III (Project Approval)
....- Process IV (Hearing Exammer's Decision)
- Process V (Quasi-Judie,al Ruone)
ý-:" Process VI
- SEPA w/Project
--- SEPA Only
~- Shoreline: Variance/Conditional Use
Short Subdivision
-- Subdivision
- - Variance: Commercial/Residential
Rcquil'cd [nfonnation
D/'J
1()1I1I1~ I Jcsignalllln
rV
ComprehCllsive Plall (Jcsil'nation
Value of histill~ Improvelnellts
/V/1
!VA
Value oll'roposcrlllllprovc"""IIIS
lJn I 101111 (\uilrliIEcCodc' (lJl\C)
NA
( kcll!"",,')'I)'!,,'
NA
('onslillctlOlll vpe
",,11,"""'""; ",1"1,,, '" 'IHH'
allow
Ci11HCh 5
, Yr'-Cc.,j:<23L'<'..- Or
UJDrc;)up
Applican(
Name: Younj e /'ud Joe., c/.- Coe Jcc Joe
Address: SOC¡ 6) rd AlI<'- C1- NE
City/State: íawm{'~ WI)
Zip: '};;)I-I22-
Phone: 25 j 2 '7 Z. - 1221
Fax: lOb 710 - '72.'1 ¿
Email: Cha.mi ciêSijn (Vmsn, U-'nl
Signature: (f' (~ ~
-~~" I,) c---c:..:;. ~ '? tJ~'j" 'fLIJ-- . -
Agcnt (ilDlllcrcnllhan Applicant) --¡J~
Name:
Addrcss:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Owncr
Nall1e: Yo ('Iwl Jc,'
^ddress' 6.3 re/ Aú
('¡II'/SllIre ({'«COVe I¡}.>j
/il' '1,\'/12-2-
['hOlle: ['".3 2 'I})!
lax. '¡'/() /,,
1:II,a,1: C/)(Im,dc(""j"C:l'",',n (en1
Sic""tull: I í' (
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111..11'., '1'1,111"'"
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11
A TISIHX3
!IO-!ÐAq
T'I
Young Chul Joe & Goo Ja Joe
509 63'd Ave Ct. NE
Tacoma, WA 98422
Phone: 253-272-7221
EXHIBn A
PAGE-A_OE 5
September 27, 2001
Federal Way
City Hall
Attn: Ms. Margaret Clark
33530 1st Way South
Federal Way, WA 98063
Re: Northshore Plaza Inc. at 35419 21st Avenue SW, Federal Way, WA
Dear Ms. Clark:
Thank you for your kindness at explaining to our daughter Chami Joe Ro what the
text amendment is and how it works.
We submit the following materials to the Community Development Services
Department to request a text amendment to allow Church, Synagogue, or Other
Place of Religious Worship in BN Zone.
a. Master land Use Application
b. Application for Amendment to the Development Regulations and
attachment
We believe that the amendment we are requesting fulfills the public interest; it
is consistent with the overall vision of the comprehensive plan; it meets existing
state and local laws; and it will benefit the city as a whole. We hope that the
City Council feels the same way.
Sincerel~,_- - I íì
---=:--::i-é-=/ (i;7 L~~_-
Young Chut Joe
Owner and President
"'
l 7 ( & '1\
GòoJa Joe
Owner and Vice-President
--_::c. .-- . ,d I Æ:((Ij I B I~ ~~^"n"" '" C"""'O'" """O""" ",,"""
-.~- ._-.\, 3,Q~E .:J 0 5 33530 First Way South
, '. '. r:J~ - PO Box 9718
EI:J~ Federal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
~~-AY www.cj.federal-way.wa.us
APPLICATION FOR AMENDMENT TO THE
DEVELOPMENT REGULATIONS
I.
Requests for Amendmenls to the Development Regulations
a)
WIlD may app(r. Any interested person may apply for an amendment to the
development regulalions.
b)
1l0J!' to app(I'. The applicant shall file a completed Masler Land Use application wilh
Ihe Department of Community Dcvelopment Services.
c)
Proposed Amelldmellt. A proposed amendment can be either conceptual or specific
amendatory language. Please be as specific as possible so that your proposal can be
adequately considered. If specific wording changes arc proposed, this should be shown
in strik-e{)ut/~lnde!.lit1c format (please attach additional pages if necessary).
1)/('((<:,-
/1 N«d1 ed
c:c-~
,j
.----,.
d)
Referellce. Please reference the code section of the development rcgulation and page
number where located.
j! I ( " '"
'c,' illl,( 0,< ¿/
11"lk"'IIIO27 ~-h\'1.2(1{)1
1'.1'" I ,,1 :.
r\II"",lo,," En",,'dllkv H'T,Aol<'nd"','OI AI'I'I" ,,',un
2.
. - , ,. -II htÁf A
.-'~~--'-'-"-:.:. '(,,'¡"c:^+iIBll
SUPPORT FOR TIlE AMENDMENT! . O_-~ 3~%ELoE
(Please fill out for all amendments)
5
Please explain the need for the amendment (why is it being proposed). Include any data,
research, or reasoning that supports the proposed amendment (please attach additional pages
if necessary).
?/ E'c< 'E-
C;Cf'-
Ættt"lct1ed
PeccI E'.
~
3.
SIGNATURE
( ¡1
~ L t',)"'~~6
Signature
(QL,-b
'\1\.)v-2'--
u
L(-de;¡
Date
y C V rl'~
Print N31ne
C lei( I
,]cc
Goo
..Ie'..
.~Lc
509 IÓj íd Av¿
Address
(' t-. tV E: ,
To. a'm a
L.u A
0¡-51Z¿'.
¿Sj
2'72
'ο¿ I
Telephone No.
If you have any questions about filling out this application foffi1 or the amendment process,
please contact the Department of Community Development Services at 253-661-4115. Please be
advised that an application for a development regulations amendment lacking the required
information will not be accepted.
~
----- --- -------------
Bulktiu #027 - May 7, 200 I
Page 2 ul2
,lllandouts - Hevisnlllkv Hel's ^",end",en( ^pplication
F)( ~~~ t.
P I-\(~ t
A
5_0E 5
ATTACHED PAGE FOR APPLICATION FOR AMENDMENT TO THE
DEVELOPMENT REGULATIONS
c) Proposed Amendment.
We propose the following changes to the Neighborhood Business (BN) Zone of the
City of Federal Way.
Add the following text code taken from Section 22-755 Schools - Day
care facilities - Churches from Community Business (BC) Zone:
"Church, synagogue or other place of religious worship."
Add the above text code to Section 22-724 Schools - Day care
facilities of Neighborhood Business (BN) Zone.
The size limit we propose is 20,000 square feet and set backs parking
requirements and other speGal requirements per BC zone.
c) Reference.
Text code taken from section 22-755 from Community Business (BC)
Zone located on page 22 -164 of Zone BC Use Zone Chart.
Text code to be added to section 22-724 of Neighborhood Business (BN)
Zone located on page 22 -151 of Zone BN Use Zone Chart-
2. Support for the Amendment.
We propose this amendment:
To promote a place where people can hold their religious practice- We
believe that freedom of religion is the foundation of this country from
its very beginning.
To offer convenience to the public for their churches, synagogues, etc.
being located right in their neighborhood-
To promote a healthier environment. When people drive shorter
distance, there will be less air pollution- In addition, churches and
other places of religious worship preach for people to be nice, which it
turn would help to keep the crime rates lower.
To ease heavy traffic in already congested areas on Pacific Highway
and 1-5 corridor.
To reduce vandalism in the area. Northshore Plaza has had yacant
spaces for the past 9 months and its vacancy has attracted vandalism.
. " MASTER LAND USE APPLICATION
;~fi , ,'~'," _I ¡Ô,¡.. "- 'B'T~ ÐErARTMEI'ITOFCOMMUNITVÐEVELOrMEI'ITSmVICES
~ 33530 First Way South
, PO Box 9718
----- E..L-OE '-I Federal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
www,ci,federal-way,wa,us
ApPLICATION No(s)
Date
~- 28-01
:LYlC -
Project Name
AI Ð,...rh S ho r-'G
? [etÙ^-
2/ 8t
Ave. 5 W, ~eæ..1 WC¡ W!+
'Ió'O23
Property Address/Location .3 5' L¡-11- 35 çvq
Parcel Number(s)
ZS 2. - /03 - 9002..
Project Description (0 ìY1c('é'..O-~ -I1NL ~.H"J
~~ ' ft / UI~t -fo J8Qt:Y~~-¡-
PLEASE PRINT ~C(J.A1d t{ tJc r ,
Type of Permit Required
- Annexation
- Binding Site Plan
- Boundary Line Adjustment
- Comp Plan/Rezone
- Land Surface Modification
,- Lot Line Elimination
- Preapplication Conference
- Process I (Director's Approval)
- Process \I (Site Plan Review)
- Process III (Project Approval)
- Process IV (Hearing Examiner's Decision)
- Process V (Quasi-Judicial Rezone)
~ Process VI
- SEPA w/Project
- SEPA Only
- Shoreline: Variance/Conditional Use
- Short Subdivision
- Subdivision
- Variance: Commercial/Residential
Required Information
of\}, ,~,_Zoning Designation
ß/\J __Comprehensive Plan Designation
N A Value of Existing Improvements
!lJA
Value of Proposed Improvements
Uniform lJuilding Code (UIJC),
~¡1 -'--- -- OCCUP;¡lIcy Type
-_!!.f1._----- - Collstructioll Type
fs-< ~uJ+-,'-dUJei/ìJ houý,'f14 -fnm,36()O
, U
CPAP) -/lu.'~ U:;.e. -1-0 k olLow-€.d (Yr\,
Applicant
Name: YOU'j ('fLu! 3=
Address: 50q 6-~ rçJ kite.-
City/State: io.c.orn,c.. WA
Zip: C¡IJIfU-
Phone: 2.<:;J- 2'72- 1)221
Fax: 20b- '7'70- '72'72
Email: Cho'nJ'-c{R,';"\Y'l G),~mJin ,.Gin
~J_"
Signature: ~Lw~~"
-----
Agent (ifDirrerent than Applicant)
'f-- 600 J{è JOG
C-1-, NE:.
C¡ff422
Name:
Address:
City/State:
Zip:
Phone:
fax:
Email:
Signature:
------'------
OWIICI'
Name: ~OiL"-~ ('I'cni J&C c{ GOL :Tce Ju:-
Address: 5C"ì G 3 I,," Ave. c:t Nt
City/State: To.{(;..n[~ I.<,)!\
Zip Cj;;'lf2.2
Phone: z-s-3 - 2/72 '7221
Fa" ¿b '7')( '72 ,) 2 ' r,
-- x,, 0- /' ChQ"';C{"'I')n~L"'Jn 'D!>,
I:mad: I ~ ':-.,/..t/Y'--;~
Signature: ~ L 1!v'J, ,( ~
, Ill"""",,,
""';"',11"",,-, I ""Itl,:,' ,\",,1,,""""
~ Ttal~HIBIT..ß
'{ O\J~ Clw-l J~ ~~'? ~O~~ 3 . E~OE L/
501 1Ó3 rcj A-ve. ~. Né; -
Tacoov" , w!\
c¡¡;; 'fa
ful~' ¿SJ. 2'72- 722/
.s~ffw, w 2J!, Loo I
'fedu-al {)J~ ~ +ta-li
M/h: Ms. Naröarc-t CJ..Qfk.
.3.3530 {Ji wæ¡ Sou-fh
teetered way, wl1 C¡oÐb3
~E: f\JorH, s'he"",
?lc\~ þ,'V:-. /.35'+1'7-3');0'7 2/¡-1 A\J¿ >;",,', kdc1mlu){i
Vear M5 C-lClJk.:
k!/è ;;{.Llon",J 1k ALa",!",.- ~ Uð£- Apr/,'ccdÙ)n etHCZ -tLJ¿
A??ú u,h Ò,'1. {1J Ý A7YV'F1cÍ rrv?At +0 Hv'.. lJ"veh:.> f""'\£A'1.r ~hh'on s
fv,- J<'ur ",web O</>'Id '¡fN¿ C!Jj Ò>évncJ +0 <'..c",,~dar o"!: frvfosals
of ìncIZJ<.fÙ'J .¡~ dM'W-<'~ {",.- 51\} CDn.e.. Mulh' - dWê-/l,'ð iv>l""/L,f
!1JA.d II'VL u..""'- f.:... /vlulh- <-Úoell/,"! 11.<0"-"""(1 to þ,¡¿ a/IOi.tJ-{'d ¡)-?'1
cy-vUA~ fi C e r
If 't""Ji0.(6 O/>'ld Iv... b1j <':.odßt.ci..i r-ncl O&'r Piôfu.cd -I-v be- Lun
{)((¿p1"'-!Jú, fev 11",-- e.ntinc. ßI\J è1/nJ). C;"l H:.dß,?'J W(J' é.Hd.d'¡-
Kt.,"-d~ <'c"¡",'d,,,- (t'r (¡i--GlL r,-uros<-Js r r our tVor.Jh .Shc,,:.-
?¡ 4 ZT<- pm pc ,r1)) ¡vi Q>'-j I;«~ 1'V'h-J-"'" ItCu/'L fa, i<d over /1,-< '1 f'(H, aí
Ct"- pll1èlÁ., ¡n",X' 1Íl".n. ItcJf cf ,10; r-eIl",1 spa.u:'S hDiK liKJ,'ft'C VCcCðJLÌ
('-cr Ov',">- ""ù2 11'-C'1,-U15 (l'>Vl t.c'i'- Iv,vL rt'ZLI_v<zd yve,?¡/ cft'-'-s +c h,¿~)
Cv( PTY'fC'-"J In)Tn icL.dh dwe_til"J I,cvn~ dev--e/°¡XfJ
,)'nCèn:.~,
-~
[1 r, -I' (ì
('-f¡OLJ JZ^- .1~
EXHIBIT B
P AGE..3L OFB 1+1. \( ::1
*.~
~~
DErARTMENT OF COMMUNITY DEVELOrMENT SERVICES
33530 First Way South
POBox9718
Federal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
www.ci.fcdcral-way.wa.us
APPLICATION FOR AMENDMENT TO THE
DEVELOPMENT REGULATIONS
1.
Requesls for Amendmenls to the Development Regulations
a)
Who may apply. Any interested person may apply for an amendment to the
deyelopment regulations.
b)
How to apply. The applicant shall file a completed Master Land Use application with
the Department of Community Development Services.
c)
Proposed Amendment. A proposed amendment can be either conceptual or specific
amendatory language. Please be as specific as possible so that your proposal can be
adequately considered. If specific wording changes are proposed, this should be sho\\~1
in 5t,~ke-{jut/underline format (please attach additional pages if necessary).
To
In C r"cc<s-e
+hë cif"Y1 s.dL
Or"
5ec
¿ z - '22S-
¡lluu/-
f'oYY¡ .' cd- 1(,,"51" ], boo
uncI-- +c " oj 1(C¿&r I. !'fOD
10/- ",'(,',.
lot
Ctr('(~ þ¿,- ,Úuell.Y¡j I;'-UÎ'.
-- ¡I¡z '~'.ic. fe, 1vi~lh - (Ùuell'j
On '},c",1.',' tlci I' "I.IC
he tt:;',""f-
J
to i),,- úILeu,<""f
d)
Reference. Please reference the code section of the development regulation and page
number where located.
- 5ec.
¿2
'}2S- Me Ii,
<:
Dic' .3'Þl( ('1'("
- See ¿¿-b(:'7 Æj1(cd¡,'â,deiolh
2.2.-12_1 of «lv1 Z:Lnc (,'/'0,1
II.",
r
c' ",1.,
(',1
--..- --.----.-----------.--------,
nulle,in 11027 - May 7. 2001 I'age 1 01'2 kl!landou" Re,iscdllk, I(cgs ^"'end",cnl ^1'1'1;e"ion
,.
¡ ídlHX::;
~_-':t.3ÐA 9
¥ .JE '-I
',' L\, ~,¡:'
2.
SUPPORT FOR THE AMENDMENT
(Please fill out for all amendments)
Please explain the need for the amendment (why is it being proposed), Include any data,
research, or reasoning that supports the proposed amendment (please attach additional pages
if necessary),
A cc.<Ocdin.,t +0
(0." tV) í a('fí!,--d
fa l>uu-ïâ cIwe,l[¡
oMfi
rwt l'i) r
,/'-
lì llo<Ñ"-"!
3.
SIGNATURE
_'0-- (,,",
-~ (,h---L-,/l
~
-=sìgnature
:~
(] ¿~ù\-- 6't' ^-
./
9,28 ûl
Date
y OIJ (1 ~ C lcu. (
Print Na e
Joe
GCt:
,J;,- J Ct'.
501
Address
6 ."> rcj A-vé:.
or-
rJE,
7CtúV 'Y\.c~ ,
LOA
cìg4z2
2-5"3- 2'72-
Telephone No,
'722./
¡fyou haye any questions about filling out this application fonn or the amendment process,
please contact the Department of Community Development Services at 253-661-4115. Please be
advised that an application for a development regulations amendment lacking the required
information will not be accepted,
Bulletin #027 - May 7. 2001
Page 2 012
k:lliandouts Ite"isedll)o" Regs Amendment Application
------
.'
ApPLICATION No(s)
.fO(/-L~I._y'p
Project Name /V "1V1..,Vl-O '---
~
OF.. f)
lYlÁS'l'ER LAND USE APPLICA nON
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33530 First Way South
PO Box 9718
Federal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
www.ci.federal-way.wa.us
Date
C¡-Zf!-Ol
P let b:J...
Q8023
Property Address/Location
JSLf/r¡ - 35S0']
Parcel Number(s)
2.52 -/03 - QOü2
Inc.,
2- I :iT
Ave
5 tV f kde..rcvl klO-<.¡
wl1
Project Description
TM<.t
am~ men,
Lvn.a."eA""
'RJ¿hu'¡
i-o
a.llouJ
Ct...w
H ecJ.M
e.srnbii<;h~ f1?JI! VI'J
PLEASE PRINT
Type of Permit Required
Annexation
- Binding Site Plan
- Boundary Line Adjustment
- Comp PlanlRezone
- Land Surface Modification
- Lot Line Elimination
- Preapplication Conference
- Process I (Director's Approval)
- Process II (Site Plan Review)
- Process \I[ (Project Approval)
- Process IV (Hearing Examiner's Decision)
- Process V (Quasi-Judicial Rezone)
..L Process VI
_SEPA w/Project
_SEPAOnly
- Shoreline: Variance/Conditional Use
- Short Subdivision
Subdivision
- Variance: Commercial/Residential
Required Information
BtJ
Zoning Designation
1'J/\J
Comprellensive Plan Designation
NA
NA
Value of Existing Improvements
Value of Proposed Improvements
Uniform Building Code (UBe):
t'I/ A Occupancy Type
('VA
Construction Type
rec~ -h'onc...(
Qchvities
Applicant
Name: '/O<Jf1j Chvl .:Joe
Address: saC¡ 63 (è/ AV'G
CityfState: ÎQ.w rrv~ tÆJ A
Zip: C)84Zz.
Phone: ¿53 - 2'72- - 1Z2 I
Fu: 2o6-1~O- 1212-
Email: Cham; cie';',Jn <4> mSn. Com
Sig~ ^ C
t ,]i--c.. 7>...7 ¿;-l> &\- )1.J-
Agent (if Different than Applicant) () -
0/ Goo J('~ JOe.
Cr. Né ,TCèLúmc,l<.IA c¡1i'f22
Name:
Address:
City/Stale:
Zip:
Phone:
Fax:
Email:
Signature:
Owner
Name: YOtil1j CÞu'.c1 .Joe
Address: l;Òg bJrà f\,'è.
City/Statc: {a_oJ/"'- [)J/Î
Zip' "¡ S' tf-¿¿
Phone: ¿<.J 2'72 /'ì2.2/
Fax: LN, 'Î'JO 72'72..
Email: Chom;clesl,j" (,.V mSn-
Sígtlattlr~ r /I
~ : I ),----(~ '1- ~ /
<¡.. G, 00 .Jet .J Dc.
C t NEe
LOIn
(J.¡ ¿;Ð ;\~, J¡Æ.Ý-
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Young Chul Joe & Goo Ja Joe
509 63rd Ave Ct. NE
Tacoma, WA 98422
Phone: 253-272-7221
September 27,2001
Federal Way
City Hall
Attn: Ms. Margaret Clark
33530 1st Way South
Federal Way, WA 98063
Re: Northshore Plaza Inc. at 35419 21st Avenue SW, Federal Way, WA
Dear Ms. Clark:
Thank you for your kindness at explaining to our daughter Chami Joe Ro what the
text amendment is and how it works.
We submit the following materials to the Community Development Services
Department to request a text amendment to allow Health Clubs in BN Zone.
a. Master land Use Application
b. Application for Amendment to the Development Regulations and
attachment
We believe that the amendment we are requesting fulfills the public interest; it
is consistent with the overall vision of the comprehensive plan; it meets existing
state and local laws; and it will benefit the city as a whole. We hope that the
City Council feels the same way.
Sincerely,
~ t.l\--
~ . lu C Lt/7?:>,'
Young Chul Joe
Owner and President
Cil'! ~h.--t¡",L
Goo Ja Joe <.
Owner and Vice-President
~XH I BIT -~~C~=~~u H-
-PAGE-~l:--o~
, ,-. I Co, ::1 Ð A q
4~EFCAL
WFn/
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33530 First Way Soulh
POBox9718
Federal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
\'Mw.ci.fedcral-way.wa.us
APPLICATION FOR AMENDMENT TO THE
DEVELOPMENT REGULATIONS
1.
Requests for Amendments to the Development Regulations
a)
Who may apply. Any interested person may apply for an amendment to the
deyelopment regulations.
b)
How to apply. The applicant shall file a completed Master Land Use application with
the Department of Community Development Services.
c)
Proposed Amefldmeflt. A proposed amendment can be either conceptual or specific
amendatory language. Please be as specific as possible so that your proposal can be
adequately considered. If specific wording changes are proposed, this should be shown
in str~keollt/underline format (please attach additional pages if necessary).
VIc"Sc
-';cc
11,11 n ('v, C'"
Yr( "'r-'
'_1 -
d)
Refereflce, Please reference the code section of the development regulation and pagc
number where located.
('I", \.
,'d,
/1 ¡ 1 "0".",
¡'",,- .'
-~ -- __n______------.-----
(!"Ik"" 11027 M"" 7. 20,)1
I"'ge I ,,12
--------
UI ""HI""" Itevised\1 kv R"gs ^""",d"",'" ^1'1'1i""';",,
~XH~~ I'a' HÀ:..
~ßE- e¥.~
2.
SUPPORT FOR TilE AMENDMENT
(Please fill out for all amendments)
Please explain the need for the amendment (why is it being proposed). Include any data,
research, or reasoning that supports the proposed amendment (please attach additional pages
if necessary).
P L(u¿s(,~
S'ee~
A.H-e.. dl<.d
? a..L C
v
3.
SIGNATURE
~~Î .A'
._:;:~() l~V""'"1 .~.
Signature
."1 "
( -¡(N \1.\ i'lV'~--
(7.25 01
Date
~ CL'n')
Print Name
(' 10" I
6cc
J(,..1o<".
5c/ì
Address
6,-'; rd Ave.
(' (-.
¡VE:
T" ('.' ,n"
¿t.' I~
({3112.2
¿S3 ¿'):.'
Telephone No.
'72¿!
If you haye any questions about filling out this application fonn or the amendment process,
please contact the Department of Community Development Services at 253.661.4115. Please bc
adyised that an application for a deyelopment regulations amendment lacking the required
information will not be accepted.
Bulletin #027 - May 7. 200 I
Page 2 0[2
UllandoolS - RevisedIDev Regs ^l1Iendl1lcnl ^rplicalion
EXHIBIT C-
P AGE-5-0E ..'5
ATTACHED PAGE FOR APPLICATION FOR AMENDMENT TO THE
DEVELOPMENT REGULATIONS
c) Proposed Amendment.
We propose the following changes to the Neighborhood Business (BN) Zone of the
City of Federal Way.
Add the following text code taken from section 22-253 Entertainment,
etc. from Community Business (BC) Zone: "Retail establishment
providing recreational activities."
Add the above text code to section 22-722 Entertainment of
Neighborhood Business (BN) Zone.
Specifically allowing Health Club as specific use.
The size limit we propose is 20,000 square feet and set backs parking
requirements and other special requirements per BC zone.
c) Reference.
Text code taken from section 22-253 from Community Business (BC)
Zone located on page 22-161 of Zone BC Use Zone Chart.
Text code to be added to section 22-722 of Neighborhood Business (BN)
Zone located on page 22-149 of Zone BN Use Zone Chart-
2. Support for the Amendment.
We propose this amendment:
To promote a healthy activity for the community.
To offer convenience to the public for health dubs being located right
in their neighborhood.
To promote a healthier environment. When people drive shorter
distance, there will be less air pollution.
To ease heavy traffic in already congested business areas on Pacific
Highway and 1-5 corridor.
To reduce vandalism in the area. Northshore Plaza has had vacant
spaces for the pa~t 9 months and its vacancy has attracted vandalism-
_Of< e==... . ' . ,. . . .
, '.-".. .....,1 IF'. '
~'. E;ÇI~¿)¡:AC¡
EXHIBITJ
PAGE---LOF.. l/
ApPL[CATlON No(s)
tJo,...ft~ >;/.v,re
MASTER LAND USE APPLICATION
DErARTMENT OF COMMUNITY DEVELOrMENT SERVICES
33530 First Way South
PO Box 9718
Federal Way WA 98063-9718
253-661-4000; Fax 253-66[-4129
www.ci,federal-way,wa.us
Date 9-23- 0/
?/ûèo..
IJ1.C...
Project Name
Property Address/Location
35lfl'7-3SSDt¡
Parcel Number(s}
2!;2- 103 .. '1002..
2/ $5
5' W, fed iV" ¿::¡..( vJ o..y
9J 023
u)/'¡
Ave.
Tv;..¡- ame.ndme..nÎ -1-0 QaDI» :Indoor- B=e..ha) ( 60t"¡'i'e &(}<,s
t.vY1..dCf R..efa..¡'¡ esfv.b/,'.sh mervt pro d' -h' I L' h
, VI' "';) ,ec~~ on<>- aCD"; 'e5.
Project Description
PLEASE PR[NT
Type of Permit Required
- Annexation
- Binding Site Plan
- Boundary Line Adjustment
- Comp PlanlRezone
- Land Surface Modification
- Lot Line Elimination
- Preapplication Conference
- Process [(Director's Approval)
- Process II (Site Plan Review)
- Process III (Project Approval)
- Process IV (Hearing Examiner's Decision)
- Process V (Quasi-judicial Rezone)
..L Process VI
- SEP A w/Project
_SEPAOnly
- Shoreline: Variance/Conditional Use
- Short Subdivision
_Subdivision
- Variance: Commercial/Residential
Required [nforlllation
BN
BrJ
NA
rJA
Zoning Designation
Comprehensive Plan Designation
Value of Existing Improvements
Value of Proposed Improvements
Unifonn Building Code (Uße):
NA
NA
Occupancy Type
Construction Type
Applicant
Name: 'IoUrLo Cbu..d Joe.. 4- Goo Jo... Joe..
Address: so,? 6.'J rd II v-e. U. IV £
City/State: T aLOtnLX úJA
Zip: C¡8,+z z.
Phone: ZS3- 2..1Z- I}ZZ/
Fax: ¿of, - I}'lo- I}Z12-
E;nail: CI'wm;cles~n(éV rnSro. CD,."
Slgn~ vG.-c.~ ~. Lß (JÔ,*--~
Agent (ifDifferent than Applicant) V ¡j
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Owner
Name: Yo()nj (' /oud Joe.. d, G,co J(À Joe.
Address: soC¡ 63 rd Ave Ct--, JJé
City/State: To. u:; me<. /)J Po
ZIP: '18t/zZ
Phone: ¿53-Z')Z' I}22./
Fax: :LOb' '7'70 - '72'72
Email' CI . d. . ...-.:'.
. . 'lam, es',jn ccumSn, COm
Stgnature: I ;('; --e.,¡ /',
L -1. .... . (Z,.b.~
~
EXHIBn D
p AGE~OF.. H
. .
Young Chut Joe & Goo Ja Joe
509 63rd Ave Ct. NE
Tacoma, WA 98422
Phone: 253-272-7221
-~.
r".,
\.
::3;) i\ C\
September 27,2001
Federal Way
City Hall
Attn: Ms. Margaret Clark
33530 1st Way South
Federal Way, WA 98063
Re: Northshore Plaza Inc. at 35419 21st Avenue SW, Federal Way, WA
Dear Ms. Clark:
Thank you for your kindness at explaining to our daughter Chami Joe Ro what the
text amendment is and how it works.
We submit the following materials to the Community Development Services
Department to request a text amendment to allow Indoor Baseball Batting Cages
in BN Zone-
a. Master Land Use Application
b. Application for Amendment to the Development Regulations and
attachment
We believe that the amendment we are requesting fulfills the public interest; it
is consistent with the overall vision of the comprehensive plan; it meets existing
state and local laws; and it will benefit the city as a whole. We hope that the
City Council feels the same way.
Sincerely,
r ,1
~ ( I,D i--t;1.~ '
Young Chul Joe
Owner and President
'.'-;.('°1 {;.. .)V"'---
Goo Ja Jóe
Owner and Vice-President
EXHIBIT D
p~-ø',..
. '"\. ._-, ,c. . . \ '.
-J~ . ~~
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33530 First Way South
POBox9718
Federal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
www,ci,federal-way,wa,us
APPLICATION FOR AMENDMENT TO THE
DEVElOPMENT REGULATIONS
1.
Requests for Amendments to the Deyelopment Regulations
a)
Who may apply. Any interested person may apply for an amendment to the
development regulations,
b)
How to apply. The applicant shall file a completed Master Land Use application with
the Department of Community Deyelopment Services.
c)
Proposed Amendment. A proposed amendment can be either conceptual or specific
amendatory language. Please be as specific as possible so that your proposal can be
adequately considered. If specific wording changes are proposed, this should be shown
in stHke-oytlunderline format (please attach additional pages if necessary),
PI t>O. c,(c:
-',("'e.
/1-Ift,lei1 e><Í
Pú../.¡e
'.,,/
d)
Reference. Please reference the code section of the deyelopment regulation and page
number where located,
¡)/e(i,JC,.
~) Pc
"iil;¡chen
?é¿~; c'-
Bulletin #027 - May 7. 2001
Page 1 of2
k:lliandnnts - Revisedllkv Regs Amendment Application
...
2.
SUPPORT FOR THE AMENDMENT
(Please fill out for all amendments)
r-mr--~_.:: ¡~H¡_;'
~~\'
Please explain the need for the amendment (why is it being proposed)- Include any data,
research, or reasoning that supports the proposed amendment (please attach additional pages
if necessary).
Plec<se-
S'ee.-
11-t+o,d¡" cI "PC(,) e.
v
3.
SIGNATURE
~ ¿~-e..7-L-~
Signature
,f vv' ~
1_._Xl- IA -- --
1/
<).-2j>-OI
Date
Yolin~
Print Name
c.h~'1
JOe..
600 J(,- Joe
j-G q
Address
63 rei Ave- Ct.
Nt",
-T o...Co m c..
W/J 9SLfZz
253- 212--
Telephone No.
1221
If you have any questions about filling out this application form or the amendment process,
please contact the Department of Community DeYe1opment Services at 253-661-4115. Please be
adyised that an application for a development regulations amendment lacking the required
information will not be accepted.
lIulietin #027 - May 7, 2001
l'age2of2
k:\Handouts - Revised\Dev Regs Amendment Application
EXHIBIT J)
PAGE-5-0E 5
ATTACHED PAGE FOR APPLICATION FOR AMENDMENT TO THE
DEVELOPMENT REGULATIONS
c) Proposed Amendment.
We propose the following changes tD the Neighborhood Business (BN) Zone of the City of
Federal Way.
Add the following text code taken from section 22-253 Entertainment, etc.
from Community Business (BC) Zone: "Retail establishment providing
recreational activities."
Add the above text code tD section 22-722 Entertainment of Neighborhood
Business (BN) Zone.
Specifically allowing Indoor Baseball Batting Cages as specific use-
The size limit we propose is 20,000 square feet and set backs parking
requirements and other special requirements per BC zone.
c) Reference.
Text code taken from section 22-253 from Community Business (BC) Zone
located on page 22-161 of Zone BC Use Zone Chart-
Text code tD be added tD section 22-722 of Neighborhood Business (BN) Zone
located on page 22-149 of Zone BN Use Zone Chart.
2. Support for the Amendment.
We propose this amendment:
To promote a healthy activity for the community, something adults and kids
could enjoy and benefit from its exercise, especially for the rainy season.
To offer convenience tD the public for indoor baseball batting cages being
located right in their neighborhood. Presently, the closest baseball batting
cage tD Federal Way is located in Puyallup-
To promote a healthier environment. When people driye shorter distance,
there will be less air pollution.
To ease heavy traffic in already congested business areas on Pacific Highway
and 1-5 corridor.
To reduce yandalism in the area. Northshore Plaza has had yacant spaces for
the past 9 months and its yacancy has attracted vandalism- When kids are
busy having fun would feel less motiyated tD yandalize businesses-
MASTER LAND USE APPLICA nON
DErARTMENT OF COMMUNITY DEVELorMENT SERVICES
tlc:::,~ ~\i~p"~;rctJ\TMEN1 33530 First Way South
,,()~.W,JN\,'D,-,,:,-" ". PO Box9718
Fedelal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
www.ci.federal-way.wa.us
~-ø~
EXHIBn
p AGE~OF: 3
ApPLICATION No(s) () i - ,- ---: . I .~. "-- '. 1--
-pe:-l ~/11? r/)r(]ðv~Þ (;,p,^þ
Property Address/Location > '-J 5'.).0 , ~ 'i '-I f:'k'
b~rh
n 1 ¡N)J ,
Project Name
Ë
Datc
IO-i~<!:)1
I
'Ý 1&J If,...¿N :; ðJ v' U,
( .
r 3'id/O 1~ Aw-
Applicant
~.
"' , ¡; tf ì
tJ f-,/¡u> w<£v.e.[...t!",-¥?. fj ,[) ~ e"¡'~.
Required Information
be
Zoning Designation
Parcel Number(s)
Project Description
PLEASE PRINT
Type of Permit Required
_Annexation
- Binding Site Plan
Boundary Line Adjustment
~ Camp Plan/Rezone
- Land Surface Modification
- Lot Line Elimination
- Preapplication Conference
- Process I (Director's Approval)
- Process II (Site Plan Review)
- Process !II (Project Approval)
- Process IV (Hearing Examiner's Decision)
-- Process V (Quasi-Judicial Rezone)
- Process VI
- SEPA w/Project
- SEPA Only
- Shoreline: Variance/Conditional Use
- Short Subdivision
- Subdivision
- Variance: Commercial/Residential
Comprehensive Plan Designation
Value of Existing Improvements
Value of Proposed Improvcments
Uniform Building Code (UBe):
Occupancy Type
Construction Type
(\"Ikti" 11001 - ().-"""" 'I' >000
3", b ¡J,,~I- cJ:, {5,..r;. .~--¿).-- 0--" ""'(4')/,-"<,,,1-
(In j¿;,-'-¡~\ '7/ L,-t¡.. £¡CÎ '
¿Ii," il'-",,/,j, wA- C¡{_c.-~)
11-s-7C!;)-<;;J.'--f;¿
'--fl-ç- 7'1,)-<;""'="3;
1;7; ~ It:;/" ~., . ¿ C J",
Agent (if Different than Applicant)
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
S d h..--¿
Owncr
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
!'apc I of t
tß
¡:¿,h~;/ j.~~,-" /c{,6<>-
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(GRAMeR cXHIBIT Ë
DEVELOPMENT WASHINGTON, L1.C P AGE~OE 3
October 1,2001
.~
".., .
Margaret Clark
Sernor Planner
Community Development Services
City of Federal Way
P.O Box 9718
Federal Way, WA 98063-9718
Re: Rezone - BP zoning at 9'" Ave. So.
Dear Ms. Clark:
We own three parcels of BP-zoned land along 9'" Ave. So. In Federal Way. One project is
built and is currendy being leased, the other two buildings are permitted but we await better
economic and marketing conditions prior to commencing construction. In our opinion, the
current BP zoning designation in Federal Way is too restrictive to support many Business
Park users.
Our primary concern is the amount of office that is allowed under this zoning classification.
Currendy, office use is only allowed as an ancillary use and to a maximum of 50%. Our
experience in other Business Parks (Gateway Corporate Center and Gateway North
Corporate Center, both in Tukwila) show that many tenants requite up to 80% office but still
need the additional function of a warehouse with high clear height, grade level and dock
doors, and maneuvering room for trucks. I can think of many tenants that could not come
to Federal Way because of the zoning.
We propose two options to provide more flexibility to the BP zoning and allow and attract
many viable BP tenants to Federal Way:
The first option is to simply allow more office and to avoid the distinction between primary
and ancillary use. Referencing the Gateway Corporate Center again, the average office build-
out there is about 65%. Examples are Walker & Associates who provide aerial photography
and photogrametric mapping, and Otis Elevator who need a warehouse area to service
elevator components adjacent to their office function. An office building would be too
expensive and not provide the warehouse functions that are needed. An up-scale Business
Park provides both the office function and environment with the warehouse use. The
current design guidelines in Federal Way for BP require extensive aesthetic appeal for the
projects. Warehousing and dumpsters are screened while the front of the building is to look
like an office. We ask that the zoning use be consistent with dle design guidelines and
provide for a multiple of BP users.
1133 164'" ST S.W t SUITE 107/ L YNNWOOD. WA 98037-8121/ (425) 742-5242 FAX (425) 742-5553
h ::';"~:;:. '-'
EXHIBn E
P AGE-Ì-OE.3
The second option would be to conform to the existing zoning restrictions on a per-project
basis instead of per-tenant. This would, we believe, meet the intent of the current zoning
designation and provide the users the flexibility that is required. A BP project will typically
have between 4 and 8 tenants. The existing market conditions will find users of varying
requirements, from 10% office to 80% office. Currendy, we can not even entertain a third of
prospects because of the 50% restriction. However, if we could mix the tenant's
requirements, we could easily meet the 50% restriction as an aggregate per project. The
impact on the development and on the City's infrastructure would not exceed that already
planned.
From the development, business, and economic viewpoints, providing zoning that allows
businesses to move to, grow, and thrive in Federal would be very desirable. Restrictive
zoning that keeps urban land vacant decreases property values, provides areas for illegal
dumping, havens for transients, provides for uncontrolled envirorunental 'impacts and
potential criminal activity. With development and "",ble businesses operating, the City has a
larger tax base and provides for more jobs and resultant economic vitality.
Please give this request your utmost consideration. Call me at 425-742-5242 if you have any
questions.
Sincerely,
?7G-
Robert Hart
Principal
-'V>::O ByMAS'FERLANQ U,S,' ,ij APPLICATION
RCCt:1 ,- " .
COMMUNITYDEVELOPMENT DEPARTI?¡;:I'-~TMENT OF~O'!~~~~TY DEYELOP^~ENT SERYICES
-"'.. "'..-.--_i \,) 3~530!':1~l.~a¥ South
". """':' . ,'f'Ü¡:Sòx:9718
Federal Way ¥fA 98-063-9718
253-661-4000; Fax 253-661-4129
www.ei.federal-way.wa.us
DCl n 1 2001
PLEASE PRINT
Type of Permit Required
_Annexation
- Binding Site Plan
- Boundary Line Adjustment
- Comp Plan/Rezone
- Land Surface Modification
- Lot Line Elimination
- Preapplication Conference
- Process 1 (Director's Approval)
- Process 11 (Site Plan Review)
- Process 111 (Project Approval)
- Process IV (Hearing Examincr's Decision)
- Process V (Quasi-Judicial Rezone)
- Process VI
_SEPA w/Project
_SEPAOnly
- Shoreline: Variance/Conditional Use
- Short Subdivision
_Subdivision
- Variance: Commercial/Residential
Required Information
13P Zoning Designation
~Comprehensive Plan Designation
IJAJ~
ÙAJC-
Value of Existing Improvements
Value of Proposed Improvements
Unifonn Building Code (UIJC):
V p.¿ f¡/S
IJ /ti<¡ 06
Occupancy Type
Construction Type
Bulletin #001 - Octnher 10, 2000
Applicant
Name: (1J~ ~/V7J-5.
Address: 3W~ q~~ '5;,- P/.£s-
City/State: ~"h:... LdA-. l.ÛA-
ZIp: ð¡ ~3 -6~ 2-:2- 'I I
Phone: Z5? <63'8-" ~2..7
r~,~~
Emall: V11
Signature: ~
Agent (if Different than Applicanl)
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Emai!:
Signature:
Owner
Name:
Address:
City/Statc:
Zip:
Phone:
Fax:
Emai!:
Signature:
I'acc I of t
k:lliandonls - RcviscdlMaslcr I.and Use Am!licaiion
E.XH\Bn-F ~
PAGE~OF~
<:ITY O!' ~
~II ~~ERAL . .~
~ '---_....,
..._..__~:._.:i 0 -
1.
DEl'AHHtENT OF COMMUNITY DEVELOPMENT SERVICES
33530 First Way South
POBox9718
Federal Way WA 98063-9718
...ii. ..; 253-661-4000; Fax 253-661-4129
" .,-- www.ci.federal-way.wa.us
I -'~ì. 'I C;
---<... :j "(.J /"', .,
APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
Site Specific Requests
a)
¡VItO may apply. Any person may, personally or through an agent, apply for a decision
regarding property he or she owns.
b)
[{ow to apply. The applicant shall file the following information with the Department of
Community Development Services:
I)
2)
3)
4)
5)
6)
A completed Master Land Use Application.
A vicinity map showing the subject property with enough information to locate the
property within the larger area.
A copy of the underlying plat or the King County Assessor's parcel map.
The following site data:
a) Tax Parcel No.
b)
c)
Lot Size/Acreage
Existing Comprehensive Plan Designation
Existing Zoning
d)
e)
Requested Comprehensive Plan Designation
Requested Zoning
f)
Services. Please provide the following information regarding the availability of services:
a)
The site is currently served by sewer _/septic - (check one).
Sewer Provider:
The site is currently served by a public water system _/well- (check one).
Water Provider:
b)
c)
d)
Fire Districtll:
School Districtl/:
Any additional information or matcrial that the Director ofCommunily Development
Services determines is reasonahly necessary for a decision on the matler.
Bullet,u 11024 - May 7. 20al
Ullaudou" -lk"isnIIC"",p Plan Amendment Application
Page I ofJ
¿xHIBnJ
PAGE~OE ..'~
4.
FEE
There is no fee for the initial application. If after a public hearing the City Council detennines that
the request shall be further considered for adoption, site-specific requests must be submitted for a
preapplication conference with a non-refundable fee that will be credited to the fonnal application
fee. If after the preapplication conference the applicant decides to pursue the request, the remaining
portion of the comprehensiye plan amendment fee will be required. A fee must be submitted for all
other requests after the selection process.
5.
s,~~
Signature
q- 31) -0 I
Date
~tr/2f::-
F§..ç ( Tlt--.s
Print Name
If you have any questions about filling out this application form or the amendment process, please
contact the Department of Community Development Services at 253-661-4115. Please be advised that an
application for a comprehensive plan amendment lacking the required information will not be accepted.
ßullctin#O24-May7.2001
Page 3 of 3
k:IHandouts - RevisedlComp Piau Amendment Application
MEETING DATE:
June 18,2002
ITEM#
:¥2l «)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Amendment to the Federal Way City Code, Chapter 22, related to non conforming single family
residential uses.
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: Exhibit AA - Staff Report to the Land Use and Transportation Committee, titled (City of Federal
Way Planning Commission Recommendation to the Land Use & Transportation Committee), with: Exhibit A - Citizen
requests for a Code amendment; Exhibit B - Staff Report to the Planning Commission, w/out exhibits; Exhibit C -
Ordinance approying amendments to Chapter 22 of the Federal Way City Code to address nonconforming single family
residential structures, not attached; Exhibit D - Ordinance approying amendments to Chapter 22 ofthe Federal Way City
Code to address nonconforming single family residential uses, with Exhibit D-1; and, Exhibit E - Resolution denying
amendments to Chapter 22 of the Federal Way City Code to address nonconforming single family residential uses.
SUMMARYIBACKGROUND: In 1998, Mr. Roger Hyppa submitted two letters to the City Council requesting a Code
amendment which would allow the expansion of a residential use in a zone where residential uses are currently not
allowed (e.g. residential use in the Business park zone). As part of the Year 2001 Planning Commission work program,
Staff proyided analysis outlining arguments for and against allowing the expansion of a non-conforming residential use.
Based on the Planning Commission's direction, staff prepared a Code amendment for the Planning Commission's review
which would allow the expansion of a non-conforming single family residential use beyond what is currently allowed by
the Code. The Land Use and Transportation Committee met on June 3, 2002, reyiewed the Planning Commission's
recommendation regarding to the proposed Code amendment related to nonconforming single family uses, recommended
a change of the l2-month period to a 36-month period for determining whether an existing nonconforming use must be
corrected, and recommended adoption of the proposed Code amendment with that change.
CITY COUNCIL COMMITTEE RECOMMENDATION: Adoption of an ordinance amending Chapter 22 ofthe
Federal Way City Code to address nonconforming single family residential uses.
PROPOSED MOTION: "] moye the proposed ordinance to second reading and enactment at the next regular meeting
on July 2, 2002."
'~~~~~~~~~~~~~~~~~~~:]1'=I~~~~:~;' .
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDillEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
.;;L.. 9 P
REVISED - 05/10/2001
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL
WAY CITY CODE TO ADDRESS NONCONFORMING SINGLE F AMIL Y
RESIDENTIAL USES
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which
significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning).
WHEREAS, the City of Federal Way finds that the amendment to FWCC, Chapter 22 (Zoning),
to allow the expansion of a non-confonning single family residential use located in a zoning district
which does not allow single family residential uses, will provide for improved review processes.
WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-
confonning single family residential use located in a zoning district which does not allow single family
residential uses will implement and is consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City's SEPA Responsible Official issued a Detennination of Non significance for
the code amendment to allow the expansion of a non-confonning single family residential use located in a
zoning district which does not allow single family residential uses on August II, 200 I; and
WHEREAS, no comments or appeals were received prior to the established SEPA deadlines of
August 27, 2001, and September 10,2001, respectively, and the initial Detennination of Non significance
became final without modification; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendment relating to the expansion of a non-confonning single family residential use located in a
ORD#
,PAGE I
{1Î~.?\rH!
W((/ð'-
zoning district which does not allow single family residential uses on May 15,2002, and forwarded a
recommendation of approyal to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council
considered the code amendment to allow the expansion of a non-conforming single family residential use
located in a zoning district which does not allow single family residential uses, on June 3, 2002,
following which it recommended adoption of the text amendment.
WHEREAS, the City Council finds that the code amendment to allow the expansion of a non-
conforming single family residential use located in a zoning district which does not allow single family
residential uses is consistent with the intent and purpose of FWCC, Chapter 22 (Zoning) to proyide for
and promote the health, safety, and welfare of the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council ofthe City of Federal
Way finds that the proposed code amendment will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendment is consistent with, and substantially implements, the
following Comprehensiye Plan goals and policies:
LUPlO
Support a diverse community comprised of neighborhoods which provide a
range of housing options; a vibrant City Center; well designed andfunctioning
commercial areas; and distinctive retail areas.
LUPII
Support the continuation of a strong residential community.
ORD#
, PAGE 2
2.
The proposed amendment bears a substantial relationship to public health, safety, or welfare
because it will enable existing residential uses which became nonconforming upon
incorporation to upgrade or otherwise enhance or renovate the property and or structure in a
manner similar to what is allowed if the subject property were located in a residential zone.
The renovation and/or modernization of existing structures makes these structures safer and
more livable, which has a direct relationships to the public health, safety, and welfare;
and
3.
The proposed amendment is in the best interest of the residents ofthe city because it affords
those residents whose property became nonconforming as a result of incorporation to renoyate
or make changes to their property in a manner similar to what is allowed of residents who's
property is located in a residential zone.
Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit D-l.
Section 4. Seyerability. The proyisions of this ordinance are declared separate and seyerable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the yalidity of the
remainder of the ordinance, or the yalidity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effectiye Date. This ordinance shall be effective five (5) days after passage and
publication as proyided by law.
ORD#
, PAGE 3
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council
on the - day of
,2002.
ApPROYED:
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROYED AS TO FORM:
CITY ATTORNEY, BOB STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No.:
ORD#
, PAGE 4
Exhibit D-1
22-338 Special provisions for residential uses
If the subject property contains a residential use that became nonconforming as to use or density as a
result of the adoption of this chapter, the following regulations apply:
(I) If the improvements on the subject property are damaged or destroyed by any sudden cause, the
structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on
the subject property may not be increased from that which existed immediately prior to the damage or
destruction and any other nonconformity of or on the subject property may not in any way be
increased. The proyisions of this subsection are only available if the applicant applies for a building
permit within 12 months after the sudden damage or destruction and construction is commenced and
completed under that building permit.
(2) Other than as specified in subsection (1) of this section. the nonconforming use or density must be
corrected if the applicant is making changes, alterations or doing other work, other than normal
maintenance, in any 12-month period to any structure on the subject property containin!! multi-unit
housin!! (attached and/or stacked dwellin!! units) and fair market yalue of these changes, alterations or
other work exceeds 50 percent of the assessed or appraised yalue of that multi-unit structure. The
applicant may provide an appraisal of the improvement "'hich has beeR GamaggG. The appraisal must
be from a source that is acceptable to the city. The community development director may require the
applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears
to be inappropriate. If an appraisal is proyided by the applicant or required by the city, the larger of
the two aÌnounts shall be used. Chan!!es. alterations additions or other work is subiect to all applicable
reouirements of the Federal Way CitY Code includin!! but not limited to provisions related to
Environmentally Sensitive Areas (FWCC Art. XIV) Off-street Parkin!! (FWCC Art. XV)
Imuroyements (FWCC Art. XV!). and Landscauin!! (FWCC Art. XVII).
(3) Other than as specified in subsection (I) of this section the nonconfonnin!! use or density must be
corrected if the applicant is makin!! chan!!es. alterations. addin!! improvements or doin!! other work.
other than normal maintenance in any 36-month period on the subiect propertY contain in!! a sin!!le-
familv use and fair market value of these chan!!es alterations. additions or other work exceeds 75 percent
of the assessed or appraised yalue of that sin!!le-family structure. Chan!!es alterations. additions or other
work must comuly with all bulk. dimensional and other deyelopment reQuirements for a sin!!le family
detached dwellin!! located in the RS 7.2 zone (FWCC 22-631). The applicant may proyide an auoraisal
of the improvement. The appraisal must be from a source that is acceptable to the city. The community
development director may reQuire the applicant to provide an appraisal fi-om a source acceptable to the
city if the assessed yaluation appears to be inappropriate. If an appraisal is provided by the applicant or
reouired by the city. the lar!!er of the two amounts shall be used. Chan!!es. alterations. additions or other
work is subiect to all applicable reQuirements of the Federal Wav City Code includin!! but not limited to
oroyisions related to Environmentallv Sensitiye Areas (FWCC Art. XIV). Off-street Parkin!! (FWCC Art.
XV) lmproyements (FWCC Art. XVI) and Landscapin!! (FWCC Art. XVI!).
, PAGE 5
ORD#
EXHIBIT AA
CITY OF FEDERAL WAY
PLANNING COMMISSION
RECOMMENDA TION
June 3, 2002
To:
FROM:
Eric Faison, Chair
Land Use/Transportation Committee (lUTe)
Greg Fe.l>.VDePut:( Director of Communit:( Development Services
David C;¡;;;, CP, Senior Planner, Madrona Planning & Deyelopment Services
VIA:
SUBJECT:
Amendments Federa Way City Code (FWCC) relating to single family
residential non-conforming structures (FWCC 22-334) and single family
residential nonconforming residential uses (FWCC 22-338).
I.
BACKGROUND
In 1998, Mr. Roger Hyppa submitted two letters to the Cit:( Council requesting a Code
amendment that would allow the expansion of a residential use in a zone where residential uses
are currently not allowed (attached as Exhibit A). ft5 part of the Year 2001 Planning Commission
work program, Staff provided analysis outlining arguments for and against allowing the expansion
of a non-conforming residential use. Based on the Planning Commission's direction, staff
prepared a Code amendment for the Planning Commission's reyiew which would allow the
expansion of a non-conforming single family residential use beyond what is currently allowed by
the Code. Additionally, based on discussions with staff and inquiries from members of the public,
staff also prepared a Code amendment related to nonconforming residential structures for the
Planning Commission's review and recommendation.
u.
PROPOSAl
The Planning Commission conducted a public hearing and deliberated on May 15, 2002. There
were tWo proposed Code amendments before the Planning Commission. One is related to
nonconforming single family residential structures, under FWCC 22-334. The second proposed
Code amendment is related to nonconforming single family residential uses, under FWCC 22-338.
Staff recommended to the Planning Commission that the proposed Code amendment related to
nonconforming structures be adopted. Staff recommended that the proposed Code amendment
related to nonconforming uses not be adopted. The staff report to the Planning Commission is
included as Exhibit B.
The proposal before the Planning Commission related to nonconforming single family residential
structures would allow the expansion of a non-conforming single family residential structure
located in a zoning district which allows single family residential uses, so long as the extent of the
existing nonconformit:( is in no way expanded. The proposed code amendment would clarify and
expand existing Code provisions contained in FWCC 22-334. The proposed Code amendment is
outlined in Section III. A proposed Ordinance adopting the Code amendment is attached as
ExhibitC EXHIBIT AA
The proposal before the Planning Commission related to noncorm~ale fa11ily ~tial 4
uses would allow the expansion of a non-conforming single farrJíy~~~
currently proYided for under section 22-338. A nonconforming single family use is one which is
located in a zoning district which does not allow single family residential uses. Under the
proposed Code amendment, an existing nonconforming residential use could be increased by
expanding and/or renoyating the existing structure and/or the addition of other improvements on
the site. Any expansion, addition, or improvement would be required to meet the development
standards such as lot coverage and required yards of the RS 7.2 single family zoning designation.
The proposed code amendment would expand existing Code provisions contained in FWCC 22-
338. The proposed Code amendment is outlined in Section III. A proposed Ordinance adopting
the Code amendment is attached as Exhibit D. A proposed Resolution to not adopt the Code
amendment is attached as Exhibit £ Changes to the existing Code language are shown as
sffikeetß; (deletions) and double-underline (proposed additions).
III.
PLANNING COMMISSION/STAFF RECOMMENDATION
a.
NONCONFORMING STRUCTURES
The Planning Commission recommends adoption of the proposed text amendment to FWCC 22-
334 (nonconforming structures) as presented by staff. Staff's recommendation to the Planning
Commission was to adopt the provision related to non conforming residential structures.
Changes to the existing Code language are shown as sffikeetß; (deletions) and double-underline
(proposed additions):
22-334 Nonconforming development.
If any aspect, structure, improyement or development does not conform to the deyelopment
regulations prescribed in this chapter, that aspect, structure, improvement or development must
be brought into conformance or otherwise improyed as set forth below.
(1) Change of use - Single-tenant site. If any applicant proposes a change of use on property
used or occupied by a single tenant or use, the applicant shall meet those proYisions determined
by the director to be reasonably related and applicable to the change of use. These provisions
shall apply to the entire site.
(2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion
of property occupied by multiple tenants or uses, the applicant shall meet those proYisions
determined by the director to be reasonably related and applicable to the change of use. These
proYisions shall apply only to that geographic portion of the site related to the use or tenant
space on which the change is proposed.
(3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any
use on the subject property in anyone of the following ways, the applicant shall comply with the
development regulations in effect at the time of the proposal, as specified below:
a.
If expansion of gross floor area of an existing building occurs either through addition of
new floors within the structure or enlargement of the existing building footprint, the
applicant shall comply with all development regulations in effect at the time the
expansion is proposed. If the property on which the expansion is proposed is occupied by
multiple tenants or uses, the applicant shall comply with those deyelopment regulations
applicable to the geographic portion of the site on which the expansion is proposed; or
b.
If a new and separate structure is being constructed on an already developed site, the
applicant shall comply with all development regulations app~~.tq,Wi-.9.ec¡graphic
portion of the site on which the new structure and any relatt:!.~~t:t are to hP
PAGE~OF..
Page 2
AA
4
constructed; or
~
If the increase in aross floor area involyes an existina sino Ie familv residential dwellina
the aoolicant shall comolv with the develooment reoulations in effect at the time of the
orooosal For sinale familv residences existino nonconformities may remain and
continue so lona as the existina nonconformities are not beino increased or exoanded in
anv wav New construction or renoyation which involves the increase in aross floor area
of a nonconformina sino Ie family structure is subject to all aoolicable reouirements of the
Federal Wav Citv Code includina but not limited to orovisions related to Environmentallv
Sensitive Areas (FWCC Art XIV) Off-street Parkino (FWCC Art )W) Imoroyements
(FWCC Art XV!) and Landscaoina (FWCC Art XVII).
b.
NONCONFORMING USES
The Planning Commission recommends adoption of the proposed text amendment to FWCC 22-
338 (nonconforming uses) as presented by staff. Note that staff did not recommend adoption of
the provision related to non-conforming single-family uses. Changes to the existing Code
language are shown as sffikeetJt (deletions) and double-underline (proposed additions):
22-338 Special provisions for residential uses
If the subject property contains a residential use that became nonconforming as to use or density
as a result of the adoption of this chapter, the following regulations apply:
(1) If the improvements on the subject property are damaged or destroyed by any sudden
cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross
floor area in and on the subject property may not be increased from that which existed
immediately prior to the damage or destruction and any other nonconformity of or on the subject
property may not in any way be increased. The proYisions of this subsection are only available if
the applicant applies for a building permit within 12 months after the sudden damage or
destruction and construction is commenced and completed under that building permit.
(2) Other than as specified in subsection (1) of this section, the nonconforming use or density
must be corrected if the applicant is making changes, alterations or doing other work, other than
normal maintenance, in any 12-month period to any structure on the subject property ~
multi-unit housino (attached and/or stacked dwellino units) and fair market yalue of these
changes, alterations or other work exceeds 50 percent of the assessed or appraised yalue of that
multi-unit structure. The applicant may provide an appraisal of the improvement ..i'1idl has BeeR
EIama§eå. The appraisal must be from a source that is acceptable to thE: city. The community
development director may require the applicant to proYide an appraisal from a source acceptable
to the city if the assessed yaluation appears to be inappropriate. If an appraisal is provided by
the applicant or required by the city, the larger of the two amounts shall be used. ~
alterations additions or other work is subject to all aoolicable reouirements of the Federal Wav
Citv Code includina but not limited to oroyisions related to Enyironmentally Sensitive Areas (FWCC
Art XIV)' Off-street parkina (FWCC Art )W) Imoroyements (FWCC Art )W!) and Landscaoina
(FWCC Art )WI!)
(3) Other than as soecified in subsection (1) of this section the nonconformina use or densitv
must be corrected if the aoolicant is makino chanaes alterations addina imoroyements or doina
other work other than normal maintenance in a'1ì' 12-month oeriod on the subiect orooertv
containina a sinale-familv use and fair market value of these chanaes alterations additions or
other work exceeds 75 oercent of the assessed orj! ¡.. ~.;' . . J~.f@.. ~~re
~s.....alteratlons addLtÌQ!)s or other work mustJ; I w a r AA
de'lciQp1Il!òDt reauirements for a sinale familv deta-,::he w II" . h 2
. ~_. 4-
Pa~è J
(FWCC 22-631) The aoolicant may orovide an aooraisal of the imorovement The aooraisal must
be from a source that is acceotable to the citY The communitY deyelooment director may reouire
the aoolicant to orovide an aooraisal from a source acceotable to the citv if the assessed
valuation aooears to be inaoorooriate. If an aooraisal is orovided bv the aoolicant or reouired bv
the citY the laroer of the two amounts shall be used Chanoes alterations additions or other
work is subject to all aoolicable reQuirements of the Federal Way CitY Code includinG but not
limited to oroyisions reiated to Environmentallv Sensitive Areas IFWCC Art XIV) Off-street
ParkinG (FWCC Art 'XV) Imorovements (FWCC Art 'XVI) and Landscaoina (FWCC Art 'XVII)
IV.
COUNCIL AmON/STAFF RECOMMENDATION
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance approving the proposed amendment to
FWCC 22-334 (nonconforming single family residential structures) as recommended by the
Planning Commission.
2. Recommend that the full Council adopt an ordinance approving the proposed amendment to
FWCC 22-338 (nonconforming single family residential uses) as recammen¡jed by the
Planning Commission.
3. Recommend that the full Council modify and then approve one or both of the proposed code
amendments.
4. Recommend that the full Council disapproye one or both of the proposed code amendments.
Staff recommends that the Committee adopt the Planning Commission recommendation and
recommend to the full Council Option No.1; that the full Council adopt an ordinance approYing
the proposed amendment to FWCC 22-334 (nonconforming single family residential structures);
and
Staff recommends that the Committee recommend to the full Council Option No.4; that the full
Council not adopt an ordinance approving the proposed amendment to FWCC 22-338
(nonconforming single family residential uses) and adopt a resolution not adopting the proposed
Code amendment.
V.
LAND USE/TRANSPORTATION COMMmEE RECOMMENOATION
The LUTC forwards the proposed amendment ta the full Council for first reading as follows:
::::z
As recommended by Planning Commission,
As recommended by Planning Commission and amended by the LUTe.
(.../
U,t or Exh;b;ts
E.hibitA
Eohibit B
E.hi~tC
E.hibit D
E.hibitE
l,"= f~m Rooee Hyppa "'ted M', 19 & 'on, I, Igge
M" IS, 2002 Stoff R'port to th, "'nn;n9 Commi"io,
P~po,"" O""n,"Π,,'opting ,m,nd"",n" to 'WCC 22-334
Pmpo,"" "'din,"", _ting 'm,ndm,n" to FWCC 22-338
- R'~otioo not ,",opting ,m,ndm"", to FWCC 22-33
Page 4
EXHIBIT AA
PAGE~OF 4-
.0"
. RECE\ó{.~&,~1'1Ik..o ßt
~IJNI'N oE'ltJ.!
tAof>.'1 2 \\ \SSß
EXHIBIT A
May 19, 1998
Phil Watkins. Chairman
Land Use/Transportation Committee
Dear Mr.
Watkins.
I was raised on a piece of property in Federal Way located
at 1816 S. 340th. We have owned this residence for 48
years. My mother recently passed away. and upon listing
the property for sale, I learned that it had been rezoned
Business Park. This was done without any formal
notificatiòn to any of the 6 residences on this road. I
would like to address the committee at their next meeting
on Monday, June I, at 5:30 P.M.
At this time I would request a code °admentment so that I
could construct a garage. I would take no more than 5
minutes of the committee's time to explain the unique
situation ° of this property.
I am hoping you will offer me this opportunity.
Sincerely.
Roger Hyppa
20136 47th Ave. N.E.
Lake Forest Park, Wa. 98155
(206) 364-0857
cc Ken Nyberg
Greg Moore
t?/3/t¡rr -
/J1a~1
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hieç. MJeJ -b ~
fJ¡ 4 J 1{/ ~ Cð /11 nH> MP1
t)..lf)-rK:'J!_V~1 v"t{m ()/I1JB-r
rrJ, Ji)<HIBI:b A.
_PA.~
RECEIVED
::" C c1ggg
June I, 1998
20136 47th Ave. N.E.
Seattle, Wa. 98155
''It o~ FEJEAAL WAY
'-" BUILDING DEPT.
Phil Watkins, Chairman
Land Use/Transportation Committee
Federal Way, Wa.
Dear Mr. Watkins,
The property at 1816 South 340th was purchased in 1950 by
my parents. It has been our residence for 48 years.
Upon listing the residence for sale, I was informed by the
real estate agent that it was zoned (B.P.) Business Park.
I have since learned that no formal notification of change
in zoning was given to any of the residents on this street.
have been informed by the City of Federal Way staff that
this was legal. However, if legal, I would say it was quite
unethical. It was stated it would have been too much of a
task to notify all residents of such a change. There are 5
houses on this street.
The current value**of this property as B.P. is approxi-
mately $100,000. However, it is virtually impossible to find
someone interested in this small of a piece of property for
B.P. use.
The current value** of the property as a single family
residence is approximately $135,00 to $140,00.
As you can see, the value of this property is much greater
as a home than as B.P. at this time. There is vacant B.P.
property to the south of 340th street that has been sitting
vacant for many years.
**Value established by Bill Drew--Windermere Real Estate
EXHIBIT A
PAGE-L-OF. :3
Page 2
The nonconformance (Sec. 22-3404) prohbitioll on
increasing nonconformance which prohibits adding on the
residence or adding a garage seems totally too restrictive.
Because of these restrictions, I have lost two potential sales
of this home. In essence, the city. of Federal Way has
devalued the property by $40,000. Further, you have
placed me on a strangle hold. I am unable to sell because
the city has taken away my right to use this property as a
residence until it is ready to be developed as B.P.
To remedy this situation, I request that Sec. 22-3404 and
all relating sections prohibiting the enlargement and
expansion of this single family residence be waived or
grandfathered, so that its use may continue until such time
that it is feasible to transfer into B.P. property.
Sincerely,
~ yZ:J rr-
(206) 364-0857
cc Ken Nyberg
Greg Moore
EXHIBIT A
PAGE2-0~ - :3
EXHIBIT B
STAFF REPORT TO THE PLANNING COMMISSION
FEDERAL WAY CITY CODE (FWCC) AMENDMENTS:
Expansion of Nonconforming Residential Uses
and
Expansion of Nonconforming Residential Structures
Planning Commission Meeting of May 15, 2002
I.
INTRODUCTION
The Planning Commission met on June 20 and July 18,2001 to discuss a Code amendment
which would allow existing nonconforming single family residential uses to expand.
Howeyer, while public testimony was taken, a public hearing on the proposed Code
amendment was not held. Based on the Planning Commission's discussions, staffhas
reyiewed the existing Code proyisions related to residential nonconformities and made
seyeral clarifying changes/additions to the previous proposed Code amendment, Federal
Way City Code (FWCC) Section 22-338. The text of the proposed Code amendment is
attached as Exhibit A.
Based on other nonproject-specific questions from members ofthe public and City Staff,
proyisions related to nonconforming single family structures were also reyiewed. Staff
has prepared an addition to FWCC 22-334 to proyide a limited exemption to allow
additions to existing nonconforming single family residential structures (also attached as
Exhibit A). To aid in your reyiew, background information on the specific Code
amendments is proyided below, divided into sections related to nonconforming residential
uses and nonconforming residential structures.
Please keep in mind that nonconforming is a descriptiye term in the planning context and
does not necessarily haye a negatiye connotation. It merely refers to a use or structure
which was legally created, but due to a change in zoning, has become inconsistent with the
current code proyisions applicable to the property and/or zone in which the property is
located.
II.
NONCONFORMING SINGLE FAMILY RESIDENTIAL USES
A.
BACKGROUND
Mr. Hyppa's Request: In 1998, Mr. Hyppa submitted a letter to the City Council
requesting a code amendment that would allow the expansion of a residential use in
a zone where residential uses are currently not allowed. Specifically, Mr. Hyppa
desires to add a stand-alone garage to an existing residence in a Business Park (BP)
zone. Mr. Hyppa owns property located east of Pacific Highway South, between
EXHIBIT 13
PAGE-L-OF.
to
South 336th and South 344th Streets, in a Business Park (BP) zone. Single-family or
multi-family residential uses are not currently allowed in the BP zone. There are a
number of single-family residences in this area that are a yestige of past
deyelopment and King County's zoning.
Adoption of Zoning Code: Upon incorporation of the City of Federal Way, the
City adopted its own zoning regulations and designation for all properties within
the City. During the months of January and February of 1990, prior to the adoption
of the zoning code, the City held numerous public meetings to solicit public input
on the proposed changes to the land use code and zoning map. The issue of
nonconforming uses was specifically contemplated at that time, and a special
proyision for residential uses was enacted. The special proyision for residential
uses has been reyiewed four times, since its adoption in 1990. Each time, a public
hearing was held, in addition to reyiew by the Planning Commission and City
Council. Each time, the decision by the Council was to leaye the proyision in
substantially the same form as it exists today. In 1991, maintenance work was
exempted from the calculation of improvements that would trigger conformance,
and in 1997, a 90-day abandonment provision and l80-day cessation of activity
proyision was deleted from the section.
Special Proyisions for Residential Uses: FWCC, Section 22-338 proyides as
follows:
If the subject property contains a residential use that became
nonconforming as to use or density as a result of the adoption of this
chapter, the following regulations apply:
(I) If the improyements on the subject property are damaged or destroyed
by any sudden cause, the structure may be rebuilt; provided, that the
number of dwelling units and the gross floor area in and on the subject
property may not be increased from that which existed immediately
prior to the damage or destruction, and any other nonconformity of or
on the subject property may not in any way be increased. The proyisions
of this subsection are only available if the applicant applies for a
building permit within 12 months after the sudden damage or
destruction, and construction is commenced and completed under that
building permit.
(2) Other than as specified in Subsection (I) of this section, the
nonconforming use or density must be corrected if the applicant is
making changes, alterations or doing other work, other than normal
maintenance, in any l2-month period to any structure on the subject
property and fair market value of these changes, alterations or other
work exceeds 50 percent of the assessed or appraised value of that
structure. The applicant may proyide an appraisal of the improyement
that has been damaged. The appraisal must be from a source that is
Planning Commission Staff Report
EXHlB I T B>
Page 2 Expansion ofNonconf'm~ial ~S!St~OF'- ¡ 0
acceptable to the City. The Community Development Director may
require the applicant to proyide an appraisal from a source acceptable to
the City, if the assessed yaluation appears to be inappropriate. If an
appraisal is proyided by the applicant or required by the City, the larger
of the two amounts shall be used.
B.
ANALYSIS
Staffis proyiding the following analysis outlining arguments for and against
allowing additional exceptions to the Nonconformance chapter of the Zoning Code,
to allow for additional expansion of nonconforming residential uses in non-
residential zones.
Staff has also incorporated seyeral additions to the proposed amendment to Sec 22-
338 related to nonconforming residential uses. While staff does not support the
oyerall amendment to Sec 22-338, staff made the addition to 22-338(2) to
distinguish between nonconforming single family and nonconforming multi-family
uses and to ensure the designation of a multi-family use is consistent with the Code
definition. The purpose of the proposed addition 22-338(2) is to make clear that
any change in an existing nonconforming single family use is subject to all
applicable requirements of the Code including proyisions related to
Enyironmentally Sensitiye Areas, parking, improvements, and landscaping.
A nonconforming use is a use which lawfully existed prior to the enactment of a
zoning ordinance, and which is maintained after the effectiye date of the ordinance,
although it does not comply with the zoning restrictions applicable to the district in
which it is situated. The right to continue a nonconforming use despite a zoning
ordinance that prohibits such a use in the area is sometimes referred to as a
"protected" or "yested" right. This right, howeyer, refers only to the right not to
haye the use immediately terminated in the face of a zoning ordinance that
prohibits the use. Universily Place v. McGuire, 102 Wn. App. 658, 9 P.3d 918
(2000), citing Rhod-A-Zalea & 35th, Inc. v. Snohomish Counly, 136 Wn.2d 1,6,959
P.2d 1024 (1998).
The preyailing public policy is to seyerely limit if not abolish nonconforming uses.
Anderson v. Island Counly, 81 Wn.2d 312,501 P.2d 594 (1972); Bartz v. Board of
Adjustment, 80 Wn. 2d 209, 492 P.2d1374 (1972); Coleman v. Walla Walla, 44
Wn.2d 296, 266 P.2d 1034 (1954). Nonconforming uses are uniformly disfavored
and the Washington courts haye repeatedly acknowledged the desirability of
eliminating such uses. Rhod-A-Zalea & 35th, Inc. v. Snohomish Counly, at 1028,
citing Ackerley Communications, Inc. v. Cily of Seattle, 92 Wn.2d 905, 920, 602
P.2dll77(1979).
The ultimate purpose of zoning ordinances is to confine certain classes of buildings
and uses to certain localities. The continued existence of those that are
nonconforming is inconsistent with that object. Rhod-A-Zalea & 35th, Inc. v.
Planning Commission Staff Report
Page 3 Expansion OfNonconfO~~slStrõi
10
Snohomish County, at 1027, citing State ex rei. Miller v. Cain, 40 Wn. 2d 216, 221,
242 P .2d 505 (1952). The court in Anderson v. Island County held:
. . . it is contemplated that conditions should be reduced to conformity as
completely and as speedily as possible with due regard to the special
interest of those concerned and that where suppression is not feasible
without working substantial injustice, there shall be accomplished the
greatest possible amelioration of the offending use which justice
permits... The generally accepted method of eliminating nonconforming
uses is to prevent any increase in the nonconformity and, when changes in
the premises are contemplated... to compel a lessening or complete
suppression of the nonconformity.
The theory of the zoning ordinance is that the nonconforming use is detrimental to
public interests such as health, safety, or welfare. Commentators agree that
nonconforming uses limit the effectiyeness ofland-use-controls, imperil the
success of community plans and injure property yalues. Id. at 1028, citing I R.
Anderson, American Law of Zoning Sec. 6.02 and R. Settle, Washington Land Use
Sec. 2.7 (d). Although found to be detrimental to important public interests,
nonconforming uses are allowed to continue based on the belief that it would be
unfair to require an immediate cessation of a nonconforming use. However, "[i]t
was not and is not contemplated that preexisting nonconforming uses are to be
perpetual." Rhod-A-Zalea & 35th, Inc. v. Snohomish County, at 1028, citing State
ex. Rei. Miller v. Cain, at 505. Therefore, while status as a nonconforming use
generally grants the right to continue the existing use, it does not grant the right to
significantly change, alter, extend, or enlarge the existing use. Id. at 1027.
In summary, Washington courts permit the "intensification" of nonconforming
uses, but not the "enlargement." This requires that the character of the use remain
unchanged, substantially the same facilities be used, and the use not differ in kind
from the nonconforming use. Keller v. City of Bellingham, 92 Wn.2d 726, 600
P.2d 1276 (1979); Meridian Minerals v. King County, 61 Wn. App. 195,810 P.2d
31(1991).
I.
Pros:
It is generally accepted that a nonconforming use should be allowed to
continue for some period after enactment of the ordinance making the use
nonconforming to preyent a substantial injustice. Additionally, there may
be situations in which it is appropriate to encourage the stability and
expansion of nonconforming residential uses, such as in an area in
transition. For example, in an area where industrial or heayy commercial
uses are no longer yiable due to a lack of appropriate infrastructure,
nonconforming residential uses may be allowed to enlarge or expand and
new residences deyelop as a transition to a more mixed neighborhood with
residential uses and lighter commercial and retail uses takes place. Such a
Planning Commissinn Staff Report
'B
to
scenario, howeyer, would typically be accomplished by a zoning
amendment to legalize the nonconforming residential uses and create
incentives for lighter commercial, retail or mixed uses.
2.
Cons:
First, contrary to the aboye, Mr. Hyppa's nonconforming use is not being
threatened with immediate termination. It has been nonconforming for oyer
10 years and, as long as the use is continued without enlargement, it may
continue as a nonconforming use.
Second, contrary to the above, where it was noted that allowing an
expansion of nonconforming residential uses can sometimes proyide a
transition to less intensive uses, the exact opposite is the case here. In this
type of case, where the residential use is a yestige of past zoning and
deyelopment patterns, and the current zoning is directed to more intensive
industrial uses, the general policy is to prohibit nonconforming uses from
expanding so as to facilitate light industrial deyelopment.
Third, the prevailing public policy is to seyerely limit, if not abolish,
nonconforming uses. Nonconforming uses limit the effectiyeness ofland-
use-controls, imperil the success of community plans and injure property
yalues.
Fourth, the uses allowed in the BP zone are yehicle intensive and noisy,
potentially operating 24-hours per day. Uses allowed in the BP zone
include stone cutting, industrial laundry facilities, manufacturing, research
and deyelopment facilities, hazardous waste storage and treatment, chemical
manufacturing, warehouse, and wholesale distribution. These uses generate
impacts that are generally incompatible with single-family residences.
Allowing a single family use to extend it's life by expansion increases the
possibility of conflicts.
Fifth, the City has a finite supply ofland ayailable for more intensiye heayy
commercial uses. Allowing nonconforming residential uses to enlarge or
expand in these areas reduces the likelihood that the properties will become
ayailable for redeyelopment by a more intensive use as intended by the
Comprehensiye Plan and Zoning Code.
Sixth, FWCC, Section 22-338 currently contains a special proyision for
residential uses. The existing code allows normal maintenance, alterations,
or other work on the structure, so long as the fair market yalue of the
proposed change does not exceed 50 percent of the assessed or appraised
yalue of the existing structure. Thus, Mr. Hyppa could make changes and/or
add on to the existing structure, so long as the change or addition conforms
to the deyelopment standards for the underlying zone, such as setbacks and
Planning Commission StatTReport
EXHiBIT is
Page 5 Expansion ofNonconfopiÄ GdË15~tð~
ID
height, ánd the change or addition does not exceed 50 percent of the
assessed or appraised yalue of the structure. The existing code provisions
would allow construction of an attached garage, but not allow a new
detached garage to be constructed.
c.
DECISIONAL CRITERIA
FWCC Section 22-528 proyides criteria for zoning text amendments. The
following section analyzes the compliance of the proposed zoning text amendments
with the criteria proyided by FWCC Section 22-528.
The City may amend the text of the FWCC only ifit finds that:
1. The proposed amendment is consistent with the applicable proyisions of
the comprehensiye plan;
The proposed FWCC text amendment related to nonconforming residential uses is
not consistent with the Comprehensiye Plan, because allowing the additional
expansion of nonconforming residential uses beyond what is currently allowed by
the Code is contrary to the following Comprehensiye Plan goals and policies:
LUP29 Provide for a mixture of commercial and residential uses in
commercial areas, except Business Park and Office.
LUG5
Develop a quality business park area lhat supports
surrounding commercial areas.
LUP36
Develop business parks which fit into their surroundings by
grouping similar industries in order to reduce or eliminate
land use conflicts, allow sharing of public facilities and
services, and improve traffic flow and safety.
2. The proposed amendment bears a substantial relationship to public health,
safety, or welfare; and
The proposed FWCC text amendments lack any substantial relationship, and
negatiyely affect the public health, safety, and welfare. Nonconforming residential
uses are currently provided a special exception under the current Code to make
alterations, renovations or changes, within certain parameters. This expansion is
limited to encourage the re-deyelopment of the area to a more intensive use as
allowed by the Code. Any further expansion of these structures increases the
potential for conflict between a residential use (not currently allowed) and a more
intensiye industrial, commercial or office use (which is allowed). The City has
designated the BP zone for intensiye commercial uses, which potentially generate
noise, odors, light and traffic impacts, in an area with easy access to Interstate 5,
the major transportation corridor. Encouraging the further enhancement and
Planning Commission Staff Report
~BI1 ß
Page 6 Expansion of Nonconfo P AGeal usZStruðf:
10
entrenchment of nonconforming residential uses in the BP zone will preclude the
siting and or expansion of business, commercial or office deyelopment, and will
not further the public health, safety, and welfare.
3. The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendments related to nonconforming residential uses
are not in the best interest of the residents of the City, because encouraging the
further enhancement and entrenchment of nonconforming residential uses in areas
designated for more intensiye business, commercial or office deyelopments will
increase conflicts between the uses and preclude the location and or expansion of
commercial deyelopments. Business, commercial and office deyelopments
generate tax reyenues for the City and proyide jobs to the City's residents. A City
needs a mixture of residential and non-residential uses to function properly.
D.
RECOMMENDA TION
Based on the aboye, staff recommends not allowing additional expansion of
nonconforming residential uses in non-residential zones beyond that already
allowed under FWCC Section, 22-338. The uses currently allowed in the BP zone
are not generally compatible with residential uses. As the remaining supply ofBP
land develops, surrounding residences in the BP zone will be severely impacted.
The nonconforming residential uses within the BP zone should be encouraged to
relocate, in order to increase the supply of ayailable BP-zoned land, and aid in the
economic development of the City to benefit all its residents. Allowing the
expansion of nonconforming residential uses would be contrary to this goal, and to
prevailing public policy.
III.
NONCONFORMING SINGLE FAMILY RESIDENTIAL STRUCTURES
A.
BACKGROUND & PROPOSED CODE AMENDMENT
It is important to distinguish between uses and structures. Non conforming
structures are those structures located in a zone, containing an allowed use, where a
portion of the structure may not comply with the current deyelopment regulations.
For example, the ITont of the structure, when constructed, did comply with the front
setback requirement. However, due to an expansion of the right-of-way, the front
yard dimension has decreased or, due to the change in zoning from King County to
the City of Federal Way, the front yard requirement has increased, the front of the
structure is now within the required front yard setback and is thus nonconforming.
Planning Commission Staff Report
Under the current Code, a property owner is precluded ITom expanding the gross
floor area of a nonconforming single family structure unless the nonconformance is
brought into conformity. FWCC Sec 22-334 requires that an improvement must
comply with all development regulations in effect at the time the expansion is
proposed (FWCC 22-334). Most jurisdictions allow additions to legal
EXHIBn
Page 7 Expansion ofNonconfpA~~ial ~s/St'ô~
B
I'D
nonconforming single family structures, so long as the extent of the existing
nonconformity is in no way expanded.
Using the example aboye: a property owner who's house is nonconforming as to
the front setback is precluded from adding on to the rear of the house unless the
existing nonconformity is corrected, under the current proyisions of the Code. The
proposed addition to Sec. 22-334, applicable only to single family structures, would
allow an expansion of the structure, so long as the portion of the structure which is
nonconforming is in no way enlarged or expanded, and the proposed addition
complies with all proyisions of the Code. The following is the proposed Code
language:
"lfthe increase in gross floor area inyolyes an existing single family
residential dwelling, the applicant shall comply with the deyelopment
regulations in effect at the time of the proposal. For single family
residences, existing nonconformities may remain and continue so long as
the existing nonconformities are not being increased or expanded in any
way. New construction or renoyation which inyolves the increase in gross
floor area of a nonconforming single family structure is subject to all
applicable requirements of the Federal Way City Code including but not
limited to proyisions related to Enyironmentally Sensitiye AIeas (FWCC
Art. XIV), Off-street Parking (FWCC Art. XV), lmproyements (FWCC Art.
XVI), and Landscaping (FWCC Art. XVII)."
B.
ANALYSIS
Staff is proyiding the following analysis outlining arguments for and against
allowing the expansion of a nonconforming single family residential structure in a
single family residential zone.
1.
Pros:
It is generally accepted that a nonconforming single family residential
structure be allowed to expand so long as the extent of the nonconformity is
not expanded and so long as the expansion conforms to all applicable
proyision of the code such as building setbacks/yard requirements, height,
and environmentally sensitive area regulations. Enabling a homeowner to
expand or in other ways renoyate their dwelling preserves and enhances the
character of a neighborhood. As long as the extent of the existing
nonconformity is not expanded and any proposed expansion complies with
the applicable proyisions of the Code, negatiye impacts to the surrounding
neighbors and the neighborhood oyer and aboye general development
impacts are expected to be minimal or non existent.
'B
Planning Commission Staff Report
Page 8 Expansion ofNonconfo esi en 1a seslS!ructure.š.
PAGE_~ ('\'= ...I.~-
2.
Cons:
There are those situations where, for example, a single family dwelling is
built so close to a property line that its presence intrudes on the neighboring
property regardless of the expansion being constructed consistent with the
Code. By allowing nonconforming structures to be renoyated or expanded
without bring the nonconformity into compliance with the Code, the
nonconformance and any impacts associated with it are prolonged. The
underlying policy regarding nonconformities is that they should be brought
into compliance and not allowed to remain in perpetuity. Howeyer, the
Code does proyide that a non-conforming structure must be brought into
conformance if "[t]he applicant is making any alteration or changes or
doing any work, other than normal maintenance or other than tenant
improvements, in anyone consecutiye l2-month period to an improvement
that is nonconforming and the fair market yalue ofthe alteration, change or
other work exceeds 50 percent of the assessed or appraised yalue of that
improvement." (FWCC 22-334(6» Thus while a new kitchen or bedroom
addition may not trigger the 50% threshold, a more complete renoyation of
a single family dwelling would require that the nonconformance be brought
into compliance with the Code.
c.
DECISIONAL CRITERIA
FWCC Section 22-528 proyides criteria for zoning text amendments. The
following section analyzes the compliance of the proposed zoning text amendments
with the criteria proyided by FWCC Section 22-528.
The City may amend the text of the FWCC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of
the comprehensiye plan;
The proposed FWCC text amendment related to nonconforming residential
structures (FWCC 22-334) is consistent with the Comprehensiye Plan, because
allowing the expansion of nonconforming residential structures, so long as the
nonconformity is not increased or expanded and the proposed addition is consistent
with all aspects of the FWCC, is consistent with the following Comprehensiye Plan
goals and policies:
LUG3
Preserve and protect Federal Way's single family neighborhoods.
HGl
Preserve and protect the quality of existing residential
neighborhoods and require new development to be of a scale and
design that is compatible with existing neighborhood character.
Planning Commission Staff Report
~11 'B
Page 9 Expansion of None on fa PAGEa I Us~StruÕF: I D
2. The proposed amendment hears a substantial relationship to public health,
safety, or welfare; and
The proposed FWCC text amendment related to nonconforming residential
structures bears a substantial relationship to the public health, safety, and welfare
because if facilitates the renoyation of existing nonconforming single family
residential structures, so long as the existing nonconformity is in no way expanded
or enlarged. The proposed addition must meet all aspects ofthe FWCC would be
consistent with opportunities proyided to all other properties.
3. The proposed amendment is in the best interest ofthe residents of the City.
The proposed FWCC text amendment related to nonconforming residential
structures is in the best interest of the residents of the City, because it affords
owners of single family residential structures the flexibility to renovate and
modernize existing nonconforming structures in a manner which will not increase
or expand the extent of the existing nonconformity. Well kept and modem single
family houses and neighborhoods haye a positiye impact on the City's residents
and the image of the City.
D.
RECOMMENDA TION
Staff does recommend approyal of the proposed Code amendment related to
nonconforming residential structures (FWCC 22-334), to afford property owners
the maximum flexibility in the upkeep and renoyation of their property, so long as
the extent of any nonconformity is not increased or expanded in any way.
Planning Commission Staff Report
EXHJB IT 13
Page 10 Expansion ofNonconfj5~~ial ~~/St~~
tD
EXHIBIT D
CITY OF FEDERAL WAY
ORDINANCE NO. 02 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL
WAY CITY CODE TO ADDRESS NONCONFORMING SINGLE F AMIL Y
RESIDENTIAL USES
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which
significantly reyised the Federal Way City Code (FWCC), Chapter 22 (Zoning).
WHEREAS, the City of Federal Way finds that the amendment to FWCC, Chapter 22 (Zoning), to
allow the expansion of a non-confonning single family residential use located in a zoning district which
does not allow single family residential uses, will proyide for improved reyiew processes.
WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-
confonning single family residential use located in a zoning district which does not allow single family
residential uses will implement and is consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City's SEPA Responsible Official issued a Oetennination of Non significance for the
code amendment to allow the expansion of a non-confonning single family residential use located in a zoning
district which does not allow single family residential uses on August II, 2001; and
WHEREAS, no comments or appeals were received prior to the established SEPA deadlines of
August 27,2001, and September 10,2001, respectively, and the initial Oetennination of Nonsignificance
became final without modification; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendment relating to the expansion of a non-confonning single family residential use located in a zoning
EXHIBIl þ
PAGE-LOE
5
district which does not allow single family residential uses on May 15, 2002, and forwarded a
recommendation ofapproyal to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered
the code amendment to allow the expansion of a non-confonning single family residential use located in a
zoning district which does not allow single family residential uses, on June 3, 2002, following which it
recommended adoption of the text amendment.
WHEREAS, the City Council finds that the code amendment to allow the expansion of a non-
conforming single family residential use located in a zoning district which does not allow single family
residential uses is consistent with the intent and purpose ofFWCC, Chapter 22 (Zoning) to proyide for and
promote the health, safety, and welfare of the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS,
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendment will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendment is consistent with, and substantially implements, the
following Comprehensiye Plan goals and policies:
LUPIG
Support a diverse community comprised of neighborhoods which provide a range
of housing options; a vibrant City Center: well designed andfunctioning
commercial areas; and distinctive retail areas.
LUPll
Support the continuation of a strong residential community.
2.
The proposed amendment bears a substantial relationship to public health, safety, or welfare
ORD#
, PAGE 2
EXHIBIT D
PAGE-L-OF.
5
because it will enable existing residential uses which became nonconforming upon incorporation
to upgrade or otherwise enhance or renovate the property and or structure in a manner similar to
what is allowed if the subject property were located in a residential zone. The renovation and/or
modernization of existing structures makes these structures safer and more livable, which has a
direct relationships to the public health, safety, and welfare;
and
3.
The proposed amendment is in the best interest of the residents of the city because it affords
those residents whose property became nonconforming as a result of incorporation to renovate or
make changes to their property in a manner similar to what is allowed of residents who's
property is located in a residential zone.
Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit D-I.
Section 4. Severability. The provisions of this ordinance are declared separate and seyerable. The
invalidity of any clause, sentence, paragraph, subdiyision, section, or portion of this ordinance, or the inyalidity
of the application thereof to any person or circumstance, shall not affect the yalidity of the remainder of the
ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effectiye date of this
ordinance is hereby ratified and affirmed.
Section 6. Effectiye Date. This ordinance shall be effective fiye (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting ofthe City Council
on the - day of
,2002.
ApPROVED:
MAYOR, JEANNE BURBIDGE
ORD#
,PAGE 3
EXHIBIT D
PAGE-2-.0F:
5"
ORD#
ATTEST:
CITY CLERK, N. CRISTINE GREEN, CMC
ApPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No.:
,PAGE 4
EXHIBIT Þ
PAGE-LOF: 5
EXHIBIT D-I
22-338 Special provisions for residential uses
If the subject property contains a residential use that became nonconforming as to use or density
as a result of the adoption of this chapter, the following regulations apply:
(I) If the improvements on the subject property are damaged or destroyed by any sudden cause,
the structure may be rebuilt; proyided, that the number of dwelling units and the gross floor area
in and on the subject property may not be increased from that which existed immediately prior to
the damage or destruction and any other nonconformity of or on the subject property may not in
any way be increased. The proyisions of this subsection are only ayailable if the applicant applies
for a building permit within 12 months after the sudden damage or destruction and construction
is commenced and completed under that building permit.
(2) Other than as specified in subsection (I) of this section, the nonconforming use or density
must be corrected if the applicant is making changes, alterations or doing other work, other than
normal maintenance, in any l2-month period to any structure on the subject property containing:
multi-unit housing: (attached and/or stacked dwelling: units) and fair market yalue of these
changes, alterations or other work exceeds 50 percent of the assessed or appraised yalue of that
multi-unit structure. The applicant may proyide an appraisal of the improyement wilieil has Been
àamageà. The appraisal must be from a source that is acceptable to the city. The community
deyelopment director may require the applicant to proyide an appraisal from a source acceptable
to the city if the assessed yaluation appears to be inappropriate. If an appraisal is provided by the
applicant or required by the city, the larger of the two amounts shall be used. ~
alterations additions or other work is subject to all aoolicable reQuirements of the Federal Way
City Code including: but not limited to nrovisions related to Environmentally Sensitiye Areas
(FWCC Art. XIV) Off-street Parking: (FWCC Art. XV)' lmDroyements (FWCC Art. XVI) and
LandscaDing: (FWCC Art. XVm.
(3) Other than as soecified in subsection (J) of this section the nonconforming: use or density
must be corrected if the aoolicant is making: chang:es alterations adding: imnroyements or doing:
other work other than normal maintenance in any 36-month oeriod on the subject oroDerty
containing: a sing:le-family use and fair market yalue of these chan¡¡es. alterations additions or
other work exceeds 75 oercent of the assessed or aDoraised yalue of that sing:le-family structure.
Chang:es. alterations additions or other work must comDlv with all bulk dimensional and other
deyeloDment reQuirements for a sing:le family detached dwelling: located in the RS 7.2 zone
(FWCC 22-631), The aDDlicant may oroyide an aporaisal of the imoroyement. The aDoraisal
must be from a source that is acceptable to the city. The community deyeloDment director may
reQuire the aPDlicant to orovide an aporaisal from a source acceptable to the city if the assessed
yaluation aODears to be inaoorooriate If an aDoraisal is Droyided by the aDDlicant or reQuired by
the city the lamer of the two amounts shall be used Chang:es alterations additions or other
work is subject to all aDDlicable reQuirements of the Federal Way City Code including: but not
limited to oroyisions related to Enyironmentally Sensitiye AIeas (FWCC Art. XIV)' Off-street
Parking: (FWCC Art. XV)' Imoroyements (FWCC Art. XVI). and Landscaoing: (FWCC Art.
XVm.
EXHIBIT_- _Þ
PAGE-.5 nr-_~-
EXHIBIT E
RESOLUTION NO. 02--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATED TO THE PROPOSED AMENDMENT TO
CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE TO
ADDRESS NONCONFORMING SINGLE FAMILY RESIDENTIAL USES.
WHEREAS, the City of Federal Way finds that the amendment to FWCC, Chapter 22 (Zoning), to
allow the expansion of a non-conforming single family residential use located in a zoning district which
does not allow single family residential uses, will not proyide for improved reyiew processes.
WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-
conforming single family residential use located in a zoning district which does not allow single family
residential uses will not implement and is not consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City's SEPA Responsible Official issued a Determination of Non significance for the
code amendment to allow the expansion of a non-conforming single family residential use located in a zoning
district which does not allow single family residential uses on August II, 2001; and
WHEREAS, no comments or appeals were receiyed prior to the established SEPA deadlines of
August 27,2001, and September 10,2001, respectively, and the initial Determination of Non significance
became final without modification; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendment relating to the expansion of a non-conforming single family residential use located in a zoning
district which does not allow single family residential uses on May 15,2002, and forwarded a
recommendation ofapproyal to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered
the code amendment to allow the expansion of a non-conforming single family residential use located in a
zoning district which does not allow single family residential uses, on June 3, 2002, following which it did
not recommend adoption ofthe proposed text amendment.
WHEREAS, the City Council finds that the code amendment to allow the expansion ofa non-
EXHIBIT
PAGE-1-
~
01=.. 4-
conforming single family residential use located in a zoning district which does not allow single family
residential uses is not consistent with the intent and purpose of FWCC, Chapter 22 (Zoning) to proyide for
and promote the health, safety, and welfare of the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendment will not protect and will adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the denial ofthe proposal:
1.
The proposed FWCC text amendment is not consistent with, and does not substantially implement,
the following Comprehensive Plan goals and policies:
LUP29
Provide for a mixture of commercial and residential uses in commercial areas,
except Business Park and Office.
LUG5
Develop a quality business park area that supports surrounding
commercial areas.
LUP36
Develop business parks whichfit into their surroundings by grouping similar
industries in order to reduce or eliminale land use conflicts, allow sharing
of public facilities and services, and improve traffic flow and safety.
2.
The proposed amendment does not bear a substantial relationship to public health, safety, or
welfare because nonconforming residential uses are currently proyided a special exception under
the current Code to make alterations, renoyations or changes, within certain parameters. This
expansion is limited to encourage the re-development of the area to a more intensive use as
allowed by the Code. Any further expansion of these nonconforming residential uses increases
the potential for conflict between a residential use (not currently allowed) and a more intensive
industrial, commercial or office use (which is allowed). Encouraging the further enhancement
Res. #
, Page 2
EXHIBIl F
PAGE-LOF..
4
and enttenchment of nonconforming residential uses will preclude the siting and or expansion of
business, commercial or office development, and will not further the public health, safety, and
welfare;
and
3.
The proposed amendment is not in the best interest of the residents ofthe city because
encouraging the further enhancement and entrenchment of nonconforming residential uses in
areas designated for more intensive business, commercial or office developments will increase
conflicts between the uses and preclude the location and or expansion of commercial
developments. Business, commercial and office developments generate tax revenues for the
City and provide jobs to the City's residents. A City needs a mixture of residential and non-
residential uses to function properly.
Section 3. Seyerabilitv. ¡fany section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such inyalidity or unconstitutionality
shall not affect the yalidity or constitutionality of any other section, sentence, clause, or phrase ofthis
resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the effectiye date of the
resolution is hereby ratified and affirmed.
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.
ApPROYED:
MAYOR, JEANNE BURBIDGE
Res. #
, Page 3
EXHIBli oF:
PAGE~OE 4
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
Res. #
EXHIBI
PAGE-A
. Page 4
..)f=-
E'
4.
MEETING DATE:
June 18,2002
ITEM# :J!.lL Gt)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Amendment to the Federal Way City Code, Chapter 22, related to non conforming single family
residential structures.
CATEGORY:
BUDGET IMPACT:
D
D
D
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
~ ORDINANCE
D PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Exhibit AA - Staff Report to the Land Use and Transportation Committee, titled (City ofFederal
Way Planning Commission Recommendation to the Land Use & Transportation Committee), with: Exhibit B - Staff
Report to the Planning Commission, wlout exhibits; and, Exhibit C - Ordinance amending Chapter 22 of the Federal Way
City Code to address nonconforming single family residential structures, with Exhibit C-I.
SUMMARYIBACKGROUND: Based on discussions with staff and inquiries from members of the public, staff
prepared a Code amendment related to nonconforming residential structures for the Planning Commission's review and
recommendation as part of their work program. The proposed Code amendment would allow the expansion of a non-
conforming single family residential structure located in a zoning district which allows single family residential uses, so
long as the extent of the existing nonconformity is in no way expanded and the expansion meets all other applicable
development standards. The Land Use and Transportation Committee met on June 3, 2002, reyiewed the Planning
Commission's recommendation regarding the proposed Code amendment related to nonconforming residential structures,
and recommended adoption ofthe proposed Code amendment.
CITY COUNCIL COMMITTEE RECOMMENDATION: Adoption of an ordinance amending Chapter 22 of the
Federal Way City Code to address nonconforming single family residential structures.
PROPOSED MOTION: "I moye the proposed ordinance to second reading and enactment at the next regular meeting
on July 2, 2002."
~~;~ ~~~~~~~...~~~~~~~:~(~'~~~~~='~;I~ .
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
COUNCIL BILL #
1sT reading
;;¡ 99
0 TABLEDffiEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (lONING) OF THE FEDERAL
WAY CITY CODE TO ADDRESS NONCONFORMING SINGLE F AMIL Y
RESIDENTIAL STRUCTURES
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which
significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning).
WHEREAS, the City of Federal Way finds that the amendment to FWCC, Chapter 22 (Zoning),
to allow the expansion of a non-confonning single family residential structure located in a zoning district
which allows single family residential uses, so long as the extent of the existing nonconfonnity is in no
way expanded, will provide for improved review processes.
WHEREAS, the City of Federal Way finds that the code amendmentto allow the expansion ofa non-
confonning single family residential structure located in a zoning district which allows single family
residential uses will implement and is consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City's SEPA Responsible Official adopted the Detennination of Non significance
issued on August 11, 200 I for the code amendment to.allow the expansion of a non-confonning single family
residential structure located in a zoning district which allows single family residential uses, on or about
March 26, 2002; and
WHEREAS, no comments or appeals were receiyed prior to the established SEPA deadlines of
August 27, 2001, and September 10,2001, respectively, and the initial Oetennination of Nonsignificance
became final without modification; and
ORD#
,PAGE I
-,. -'. '-..- '.
I\D, / .\. t ,; ~. ':', ,4
~.¡'¡. )~ti- U:'
.'
Þ/I( / ò ¿.
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendment relating to the expansion of a non-conforming single family residential structure located in a
zoning district which allows single family residential uses on May IS, 2002, and forwarded a
recommendation of approval to the City Council; and
WHEREAS, the Land Use Transportation Committee ofthe Federal Way City Council
considered the code amendment to allow the expansion of a non-confonning single family residential
structure located in a zoning district which allows single family residential uses, on June 3, 2002,
following which it recommended adoption of the text amendment.
WHEREAS, the City Council finds that the code amendment to allow the expansion of a non-
conforming single family residential structure located in a zoning district which allows single family
residential uses is consistent with the intent and purpose of FWCC, Chapter 22 (Zoning) to proyide for
and promote the health, safety, and welfare of the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section L Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendment will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposal:
I. The proposed FWCC text amendment is consistent with, and substantially implements, the
following Comprehensive Plan goals and policies:
ORD#
, PAGE 2
LUG3
Preserve and protect Federal Way's single family neighborhoods.
HGI
Preserve and protect the quality of existing residential neighborhoods and
require new development to be of a scale and design that is compatible
with existing neighborhood character.
2.
The proposed amendment bears a substantial relationship to public health, safety, or welfare
because it facilitates the renovation of existing nonconfonning single family residential
structures, so long as the existing nonconfonnity is in no way expanded or enlarged;
and
3.
The proposed amendment is in the best interest of the residents of the city because it affords
owners of single family residential structures the flexibility to renoyate and modernize existing
nonconfonning structures in a manner which will not increase or expand the extent of the
existing nonconfonnity.
, Section 3- Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit C-I.
Section 4. Severability. The provisions ofthis ordinance are declared separate and seyerable. The
invalidity of any clause. sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effectiye date of this
ordinance is hereby ratified and affinned.
Section 6. Effectiye Date. This ordinance shall be effectiye five (5) days after passage and
publication as proyided by law.
ORD#
, PAGE 3
PASSED by the City Council of the City of Federal Way at a regular meeting of the City
Council on the - day of
,2002.
ApPROVED:
MAYOR, JEANNE BURBIDGE
AITEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED AS TO FORM:
CITY AITORNEY, BOB STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No.:
ORD#
, PAGE 4
Exhibit C-I
22-334 Nonconforming development.
If any aspect, structure, improyement or deyelopment does not conform to the deyelopment
regulations prescribed in this chapter, that aspect, structure, improyement or development
must be brought into conformance or otherwise improyed as set forth below.
(I) Change of use - Single-tenant site. If any applicant proposes a change of use on property
used or occupied by a single tenant or use, the applicant shall meet those provisions
determined by the director to be reasonably related and applicable to the change of use. These
proYisions shall apply to the entire site.
(2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a
portion of property occupied by multiple tenants or uses, the applicant shall meet those
provisions determined by the director to be reasonably related and applicable to the change of
use. These proYisions shall apply only to that geographic portion of the site related to the use
or tenant space on which the change is proposed.
(3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of
any use on the subject property in anyone of the following ways, the applicant shall comply
with the deyelopment regulations in effect at the time of the proposal, as specified below:
a. If expansion of gross floor area of an existing building occurs either through
addition of new floors within the structure or enlargement of the existing building footprint,
the applicant shall comply with all development regulations in effect at the time the expansion
is proposed. If the property on which the expansion is proposed is occupied by multiple
tenants or uses, the applicant shall comply with those deyelopment regulations applicable to
the geographic portion of the site on which the expansion is proposed; or
b. If a new and separate structure is being constructed on an already deyeloped site,
the applicant shall comply with all development regulations applicable to the geographic
portion of the site on which the new structure and any related improvements are to be
constructed~
c. If the increase in !!ross floor area inyolyes an existin!! sin!!le familv residential
dwellin!! the aDDlicant shall comDly with the deyeloDment re!!Ulations in effect at the time of
the DroDosal. For sin!!le family residences existin!! nonconformities mav remain and continue
so Ion!! as the existin!! nonconformities are not bein!! increased or exDanded in any way. New
construction or renoyation which inyolves the increase in !!ross floor area of a nonconformin!!
ORD#
, PAGE 5
sin!!:Ie family structure is subject to all applicable reQuirements of the Federal Way City Code
includin!!: but not limited to Droyisions related to Environmentallv Sensitive Areas (FWCC Art.
XIV), Off-street Parkin!!: CFWCC Art. XV). Improyements (PWCC Art. XVI) and
Landscapinl!: CFWCC Art. XVII).
ORD#
, PAGE 6
EXHIBIT AA
CITY OF FEDERAL WAY
PLANNING COMMISSION
RECOMMENDA nON
June 3, 2002
To:
FROM:
Eric Faison, Chair
Land Use{Transportation Committee (LUTe)
Greg Fe,l>.VDepu~ Director of Communi~ Development Services
David ~, CP, Senior Planner, Madrona Planning & Deyelopment Services
VIA:
David Moseley,
SUBJECf:
Amendments Federa Way City Code (FWCC) relating to single family
residential non-conforming structures (FWCC 22-334) and single family
residential nonconforming residential uses (FWCC 22-3,38).
I.
BACKGROUND
In 1998, Mr. Roger Hyppa submitted two letters to the Ci~ Council requesting a Code
amendment that would allow the expansion of a residential use in a zone where residential uses
are currently not allowed (attached as Exhibit A). As part of the Year 2001 Planning Commission
work program, Staff proYided analysis outlining arguments for and against allowing the expansion
of a non-conforming residential use. Based on the Planning Commission's direction, staff
prepared a Code amendment for the Planning Commission's review which would allow the
expansion of a non-conforming single family residential use beyond what is currently allowed by
the Code. Additionally, based on discussions with staff and inquiries from members of the public,
staff also prepared a Code amendment related to nonconforming residential structures for the
Planning Commission's review and recommendation.
II.
PROPOSAL
The Planning Commission conducted a public hearing and deliberated on May 1S, 2002. There
were tWo proposed Code amendments before the Planning Commission. One is related to
nonconforming single family residential structures, under FWCC 22-334. The second proposed
Code amendment is related to nonconforming single family residential uses, under FWCC 22-338.
Staff recommended to the Planning Commission that the proposed Code amendment related to
nonconforming structures be adopted. Staff recommended that the proposed Code amendment
related to nonconforming uses not be adopted. The staff report to the Planning Commission is
included as Exhtbit 8.
The proposal before the Planning Commission related to nonconforming single family residential
structures would allow the expansion of a non-conforming single family residential structure
located in a zoning district which allows single family residential uses, so long as the extent of the
existing nonconformity is in no way expanded. The proposed code amendment would clarify and
expand existing Code provisions contained in FWCC 22-334. The proposed Code amendment is
outlined in Section III. A proposed Ordinance adopting the Code amendment is attached as
ExhibitC EXHIBIT
ÁA:-
The proposal before the Planning Commission related to nonconfft~ family rEf!'ll'dœial 4-
uses would allow the expansion of a non-conforming single famirrllUWltit~"'81 is
currently provided for under section 22-338. A nonconforming single family use is one which is
located in a zoning district which does not allow single family residential uses. Under the
proposed Code amendment, an existing nonconforming residential use could be increased by
expanding and/or renovating the existing structure and/or the addition of other improyements on
the site. Any expansion, addition, or improvement would be required to meet the development
standards such as lot coyerage and required yards of the RS 7.2 single family zoning designation.
The proposed code amendment would expand existing Code provisions contained in FWCC 22-
338. The proposed Code amendment is outlined in Section III. A proposed Ordinance adopting
the Code amendment is attached as Exhibit D. A proposed Resolution to not adopt the Code
amendment is attached as Exhibit E. Changes to the existing Code language are shown as
s~ (deletions) and double-underline (propoSed additions).
III.
PLANNING COMMISSION/STAFF RECOMMENDATION
a.
NONCONFORMING STRUCTURES
The Planning Commission recommends adoption of the proposed text amendment to FWCC 22-
334 (nonconforming structures) as presented by staff. Staff's recommendation to the Planning
Commission was to adopt the provision related to non conforming residential structures.
Changes to the existing Code language are shown as s~ (deletions) and double-underline
(proposed additions):
22-334 Nonconforming development.
If any aspect, structure, improvement or development does not conform to the development
regulations prescribed in this chapter, that aspect, structure, improyement or deyelopment must
be brought into conformance or otherwise improved as set forth below.
(1) Change of use - Single-tenant site. If any applicant proposes a change of use on property
used or occupied by a single tenant or use, the applicant shall meet those proYisions determined
by the director to be reasonably related and applicable to the change of use. These proYisions
shall apply to the entire site.
(2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion
of property occupied by multiple tenants or uses, the applicant shall meet those proYisions
determined by the director to be reasonably related and applicable to the change of use. These
provisions shall apply only to that geographic portion of the site related to the use or tenant
space on which the change is proposed.
(3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any
use on the subject property in anyone of the following ways, the applicant shall comply with the
development regulations in effect at the time of the proposal, as specified below:
a.
If expansion of gross floor area of an existing building occurs either through addition of
new floors within the structure or enlargement of the existing building footprint, the
applicant shall comply with all development regulations in effect at the time the
expansion is proposed. If the property on which the expansion is proposed is occupied by
multiple tenants or uses, the applicant shall comply with those deyelopment regulations
applicable to the geographic portion of the site on which the expansion is proposed; or
b.
If a new and separate structure is being constructed on an already deyeloped site, the
applicant shall comply with all development regulations applica~J;.tq ¡~¡¡~raphic
portion of the site on which the new structure and any relae~'I_are to be
PAGE-LOF.
Page 2
AA
4
constructed; or
IØ
If the increase in oross floor area inyolyes an existinG sinGle familv residential dwellinG
the aoolicant shall comolv with the develooment reGulations in effect at the time of the
prooosal For sino Ie family residences existino nonconformities may remain and
continue so lonc as the existino nonconformities are not beino increased or exoanded in
anv wav New construction or renovation which involves the increase in cross floor area
of a nonconforminG sinGle family structure is subject to all apolicable reQuirements of the
Federal Wav Citv Code includinG hut nct limited tc oroyisicns related to Enyironmentallv
Sensitive Areas (FWCC Art XIV) Off-street ParkinG (FWCC Art XV) Imoroyements
(FWCC Art XVI) and Landscaoinc (FWCC Art XVII).
b.
NONCONFORMING USES
The Planning Commission recommends adoption of the proposed text amendment to FWCC 22-
338 (nonconforming uses) as presented by staff. Note that staff did not recommend adoption of
the proYision related to non-conforming single-family uses. Changes to the existing Code
language are shown as sffikeetH: (deletions) and double-underline (proposed additions):
22-338 Special provisions for residential uses
If the subject property contains a residential use that became nonconforming as to use or density
as a result of the adoption of this chapter, the following regulations apply:
(1) If the improyements on the subject property are damaged or destroyed by any sudden
cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross
floor area in and on the subject property may not be increased from that which existed
immediately prior to the damage or destruction and any other nonconformity of or on the subject
property may not in any way be increased. The provisions of this subsection are only available if
the applicant applies for a building permit within 12 months after the sudden damage or
destruction and construction is commenced and completed under that building permit.
(2) Other than as specified in subsection (1) of this section, the nonconforming use or density
must be corrected if the applicant is making changes, alterations or doing other work, other than
normal maintenance, in any 12-month period to any structure on the subject property ~
multi-unit housinG (attached andlor stacked dwellinG units) and fair market yalue of these
changes, alterations or other work exceeds SO percent of the assessed or appraised value of that
~ structure. The applicant may provide an appraisal of the improvement ..AicA Aas BeeR
~. The appraisal must be from a source that is acceptable to the city. The community
development director may require the applicant to provide an appraisal frolll a source acceptable
to the city if the assessed yaluation appears to be inappropriate. If an appraisal is proyided by
the applicant or required by the city, the larger of the two amounts shall be used. ~
alterations additions or other work is subject to all aoolicable reouirements of the Federal Wav
Citv Code includinG but not limited tc oroyisicns related to Enyironmentallv Sensitive Areas (FWCC
Art XIV) Off-street ParkinG (FWCC Art XV) Imorovements (ANCC Art XVI) and Landscaoinc
lANce Art XVII)
(3) Other than as soecified in subsection (1) of this section the nonconforminG use or densitv
must be corrected if the aoolicant is makino chano~ alterations addino imoroyements or doino
other work other than normal maintenance in anv 12-month oerlod on the subject orooertv
containinG a sino Ie-family use and fair market yalue of these chanoes alterations additions or
other..w.ork exceeds 75 oercent of the assess r r' v .
Chances alterations additions or other work mus.u: . I .
~oment reoulrements for a sinole fami['L...de.t\J~d_d'lie!l"
P"~e 3
(FWCC 22-631) The aoolicant may orovide an aooraisal of the imorovement The aooraisal must
be from a source that is acceotable to the citY The communitY develooment director may reQuire
the aoolicant to oroYide an aooraisal from a source acceotable to the citY if the assessed
valuation aooears to be inaoorooriate If an aooraisal is orovided bv the aoolicant or reQuired bv
the citY the lamer of the two amounts shall be used Chances alterations additions or other
work is subject to all aoolicable reQuirements of the Federal Way CitY Code includino but not
limited to omyisions related to EnYimnmentaliv Sensitiye Areas (FWCC Art XIV) Off-street
Parkina (FWCC Art XV) Imorovements (FWCC Art XV]) and Landscaoina (FWCC Art XVI!)
IV.
COUNCIL AmON/STAFF RECOMMENDATION
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance approving the proposed amendment to
FWCC 22-334 (nonconforming single family residential structures) as recommended by the
Planning Commission.
2. Recommend that the full Council adopt an ordinance approving the proposed amendment to
FWCC 22-338 (nonconforming single family residential uses) as recommended by the
Planning Commission.
3. Recommend that the full Council modify and then approve one or both of the proposed code
amendments.
4. Recommend that the full Council disapprove one or both of the proposed code amendments.
Staff recommends that the Committee adopt the Planning Commission recommendation and
recommend to the full Council Option No.1; that the full Council adopt an ordinance approYing
the proposed amendment to FWCC 22-334 (nonconforming single family residential structures);
and
Staff recommends that the Committee recommend to the full Council Option No.4; that the full
Council not adopt an ordinance approving the proposed amendment to FWCC 22-338
(nonconforming single family residential uses) and adopt a resolution not adopting the proposed
Code amendment.
v.
LAND USE/TRANSPORTATION COMMmEE RECOMMENDATION
The LUTC forwards the proposed amendment to the full Council for first reading as follows:
=z
As recommended by Planning Commission.
As recommended by Planning Commission and amended by the LUTe.
U" of Exhibits
',h;bitA
hh;b;tB
',h;b;tC
',h;bit D
hh;bH
L,",~ 'com ROO" HYD'" dot'" "'Y 19 & Jo", 1. 1998
"'Y 15, 2002 Staff R,port to th, ""';09 Comm;,,;o,
Pcopo"" Oed;""" ,do,t;'9 ,meodm,," to FWCC 22-334
Peopo"" Oed;""" ,do,M9 ,m,""meo" to FWCC 22-338
Propo"" R""'o",,, 'ot "'opt;"9 ,m,""meo" to FWCC 22-33
Page 4
EXHIBIT AA
PAGE~OE
4
EXHIBIT B
STAFF REPORT TO THE PLANNING COMMISSION
FEDERAL WAY CITY CODE (FWCC) AMENDMENTS:
Expansion of Nonconforming Residential Uses
and
Expansion of Nonconforming Residential Structures
Planning Commission Meeting of May 15,2002
I.
INTRODUCTION
The Planning Commission met on June 20 and July 18,2001 to discuss a Code amendment
which would allow existing nonconforming single family residential uses to expand.
Howeyer, while public testimony was taken, a public hearing on the proposed Code
amendment was not held. Based on the Planning Commission's discussions, staff has
reviewed the existing Code provisions related to residential nonconformities and made
seyeral clarifying changes/additions to the preyious proposed Code amendment, Federal
Way City Code (FWCC) Section 22-338. The text of the proposed Code amendment is
attached as Exhibit A.
Based on other nonproject-specific questions from members of the public and City Staff,
provisions related to nonconforming single family structures were also reviewed. Staff
has prepared an addition to FWCC 22-334 to provide a limited exemption to allow
additions to existing nonconforming single family residential structures (also attached as
Exhibit A). To aid in your review, background information on the specific Code
amendments is provided below, diyided into sections related to nonconforming residential
uses and nonconforming residential structures.
Please keep in mind that nonconforming is a descriptive term in the planning context and
does not necessarily haye a negative connotation. It merely refers to a use or structure
which was legally created, but due to a change in zoning, has become inconsistent with the
current code provisions applicable to the property and/or zone in which the property is
located.
II.
NONCONFORMING SINGLE F AMIL Y RESIDENTIAL USES
A.
BACKGROUND
Mr. Hyppa's Request: In 1998, Mr. Hyppa submitted a letter to the City Council
requesting a code amendment that would allow the expansion of a residential use in
a zone where residential uses are currently not allowed. Specifically, Mr. Hyppa
desires to add a stand-alone garage to an existing residence in a Business Park (BP)
zone. Mr. Hyppa owns property located east of Pacific Highway South, between
EXHIBfI ~
PAGE...2-0F.. t D
South 336th and South 344th Streets, in a Business Park (BP) zone. Single-family or
multi-family residential uses are not currently allowed in the BP zone. There are a
number of single-family residences in this area that are a yestige of past
development and King County's zoning.
Adoption of Zoning Code: Upon incorporation of the City of Federal Way, the
City adopted its own zoning regulations and designation for all properties within
the City. During the months of January and February of 1990, prior to the adoption
of the zoning code, the City held numerous public meetings to solicit public input
on the proposed changes to the land use code and zoning map. The issue of
nonconforming uses was specifically contemplated at that time, and a special
proyision for residential uses was enacted. The special provision for residential
uses has been reyiewed four times, since its adoption in 1990. Each time, a public
hearing was held, in addition to review by the Planning Commission and City
Council. Each time, the decision by the Council was to leaye the provision in
substantially the same form as it exists today. In 1991, maintenance work was
exempted from the calculation of improyements that would trigger conformance,
and in 1997, a 90-day abandonment proyision and l80-day cessation of actiyity
proyision was deleted from the section.
Special Proyisions for Residential Uses: FWCC, Section 22-338 proyides as
follows:
If the subject property contains a residential use that became
nonconforming as to use or density as a result of the adoption of this
chapter, the following regulations apply:
(I) If the improyements on the subject property are damaged or destroyed
by any sudden cause, the structure may be rebuilt; provided, that the
number of dwelling units and the gross floor area in and on the subject
property may not be increased from that which existed immediately
prior to the damage or destruction, and any other nonconformity of or
on the subject property may not in any way be increased. The provisions
of this subsection are only available if the applicant applies for a
building permit within 12 months after the sudden damage or
destruction, and construction is commenced and completed under that
building permit.
(2) Other than as specified in Subsection (I) of this section, the
nonconforming use or density must be corrected if the applicant is
making changes, alterations or doing other work, other than normal
maintenance, in any l2-month period to any structure on the subject
property and fair market yalue of these changes, alterations or other
work exceeds 50 percent of the assessed or appraised value of that
structure. The applicant may proyide an appraisal of the improvement
that has been damaged. The appraisal must be from a source that is
Planning Commission Staff Report
Page 2 Expansion of None on fa d seSl~tructurês -
PAGE---L--O~
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acceptable to the City. The Community Development Director may
require the applicant to proyide an appraisal from a source acceptable to
the City, if the assessed yaluation appears to be inappropriate. If an
appraisal is provided by the applicant or required by the City, the larger
of the two amounts shall be used.
B.
ANALYSIS
Staff is proyiding the following analysis outlining arguments for and against
allowing additional exceptions to the Nonconformance chapter of the Zoning Code,
to allow for additional expansion of nonconforming residential uses in non-
residential zones.
Staff has also incorporated several additions to the proposed amendment to Sec 22-
338 related to nonconforming residential uses. While staff does not support the
overall amendment to Sec 22-338, staff made the addition to 22-338(2) to
distinguish between nonconforming single family and nonconforming multi-family
uses and to ensure the designation of a multi - family use is consistent with the Code
definition. The purpose of the proposed addition 22-338(2) is to make clear that
any change in an existing nonconforming single family use is subject to all
applicable requirements of the Code including proyisions related to
Environmentally Sensitiye AIeas, parking, improyements, and landscaping.
A nonconforming use is a use which lawfully existed prior to the enactment of a
zoning ordinance, and which is maintained after the effective date of the ordinance,
although it does not comply with the zoning restrictions applicable to the district in
which it is situated. The right to continue a nonconforming use despite a zoning
ordinance that prohibits such a use in the area is sometimes referred to as a
"protected" or "vested" right. This right, however, refers only to the right not to
have the use immediately terminated in the face of a zoning ordinance that
prohibits the use. University Place v. McGuire, 102 Wn. App. 658, 9 P.3d 918
(2000), citing Rhod-A-Zalea & 35th, Inc. v. Snohomish County, 136 Wn.2d 1,6,959
P.2d 1024 (1998).
The prevailing public policy is to seyerely limit if not abolish nonconforming uses.
Anderson v. Island County, 81 Wn.2d 312,501 P.2d 594 (1972); Bartz v. Board of
Adjustment, 80 Wn. 2d 209, 492 P.2d1374 (1972); Coleman v. Walla Walla, 44
Wn.2d 296, 266 P.2d 1034 (1954). Nonconforming uses are uniformly disfavored
and the Washington courts have repeatedly acknowledged the desirability of
eliminating such uses. Rhod-A-Zalea & 35th, Inc. v. Snohomish County, at 1028,
citing Ackerley Communications, Inc. v. City of Seattle, 92 Wn.2d 905, 920, 602
P.2d 1177 (1979).
The ultimate purpose of zoning ordinances is to confine certain classes of buildings
and uses to certain localities. The continued existence of those that are
nonconforming is inconsistent with that object. Rhod-A-Zalea & 35th. Inc. v.
Planning Commission Staff Report
Page 3 Expansion of Non con In esl ntia! ses/:structures
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Snohomish County, at 1027, citing State ex rei. Miller v. Cain, 40 Wn. 2d 216, 221,
242 P.2d 505 (1952). The court in Anderson v. Island County held:
...it is contemplated that conditions should be reduced to conformity as
completely and as speedily as possible with due regard to the special
interest of those concerned and that where suppression is not feasible
without working substantial injustice, there shall be accomplished the
greatest possible amelioration of the offending use which justice
permits. .. The generally accepted method of eliminating nonconforming
uses is to prevent any increase in the nonconformity and, when changes in
the premises are contemplated. . . to compel a lessening or complete
suppression of the nonconformity.
The theory of the zoning ordinance is that the nonconforming use is detrimental to
public interests such as health, safety, or welfare- Commentators agree that
nonconforming uses limit the effectiyeness ofland-use-controls, imperil the
success of community plans and injure property yalues- Id. at 1028, citing I R.
Anderson, American Law o/Zoning Sec. 6.02 and R. Settle, Washington Land Use
Sec. 2.7 (d). Although found to be detrimental to important public interests,
nonconforming uses are allowed to continue based on the belief that it would be
unfair to require an immediate cessation of a nonconforming use. However, "[i]t
was not and is not contemplated that preexisting nonconforming uses are to be
perpetual." Rhod-A-Zalea & 35th, Inc. v. Snohomish County, at 1028, citing State
ex. Rei. Miller v. Cain, at 505. Therefore, while status as a nonconforming use
generally grants the right to continue the existing use, it does not grant the right to
significantly change, alter, extend, or enlarge the existing use. Id. at 1027.
In summary, Washington courts permit the "intensification" of nonconforming
uses, but not the "enlargement." This requires that the character of the use remain
unchanged, substantially the same facilities be used, and the use not differ in kind
from the nonconforming use. Keller v. City 0/ Bellingham, 92 Wn.2d 726, 600
P.2d 1276 (1979); Meridian Minerals v. King County, 61 Wn. App. 195,810 P.2d
31(1991).
1.
Pros:
It is generally accepted that a nonconforming use should be allowed to
continue for some period after enactment of the ordinance making the use
nonconforming to preyent a substantial injustice. Additionally, there may
be situations in which it is appropriate to encourage the stability and
expansion of nonconforming residential uses, such as in an area in
transition. For example, in an area where industrial or heavy commercial
uses are no longer viable due to a lack of appropriate infrastructure,
nonconforming residential uses may be allowed to enlarge or expand and
new residences develop as a transition to a more mixed neighborhood with
residential uses and lighter commercial and retail uses takes place. Such a
Planning Commission StatTReport
Page 4 Expansion ofNoncon1ì
esiStructures
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scenario, however, would typically be accomplished by a zoning
amendment to legalize the nonconforming residential uses and create
incentiyes for lighter commercial, retail or mixed uses.
2.
Cons:
First, contrary to the aboye, Mr. Hyppa's nonconforming use is not being
threatened with immediate termination. It has been nonconforming for over
10 years and, as long as the use is continued without enlargement, it may
continue as a nonconforming use.
Second, contrary to the above, where it was noted that allowing an
expansion of nonconforming residential uses can sometimes proyide a
transition to less intensive uses, the exact opposite is the case here. In this
type of case, where the residential use is a yestige of past zoning and
development patterns, and the current zoning is directed to more intensive
industrial uses, the general policy is to prohibit nonconforming uses from
expanding so as to facilitate light industrial deyelopment.
Third, the preYailing public policy is to severely limit, if not abolish,
nonconforming uses. Nonconforming uses limit the effectiyeness ofland-
use-controls, imperil the success of community plans and injure property
yalues.
Fourth, the uses allowed in the BP zone are yehicle intensive and noisy,
potentially operating 24-hours per day. Uses allowed in the BP zone
include stone cutting, industrial laundry facilities, manufacturing, research
and deyelopment facilities, hazardous waste storage and treatment, chemical
manufacturing, warehouse, and wholesale distribution. These uses generate
impacts that are generally incompatible with single-family residences.
Allowing a single family use to extend it's life by expansion increases the
possibility of conflicts.
Fifth, the City has a finite supply of land available for more intensive heavy
commercial uses. Allowing nonconforming residential uses to enlarge or
expand in these areas reduces the likelihood that the properties will become
ayailable for redeyelopment by a more intensiye use as intended by the
Comprehensiye Plan and Zoning Code.
Sixth, FWCC, Section 22-338 currently contains a special provision for
residential uses. The existing code allows normal maintenance, alterations,
or other work on the structure, so long as the fair market yalue of the
proposed change does not exceed 50 percent of the assessed or appraised
value of the existing structure. Thus, Mr. Hyppa could make changes and/or
add on to the existing structure, so long as the change or addition conforms
to the deyelopment standards for the underlying zone, such as setbacks and
Planning Commission StatTReport
Page 5 Expansion of None on fa I e5lSmrCliirës
PAGE2.0F
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10
height, and the change or addition does not exceed 50 percent of the
assessed or appraised yalue of the structure. The existing code proyisions
would allow construction of an attached garage, but not allow a new
detached garage to be constructed.
c
DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for zoning text amendments. The
following section analyzes the compliance of the proposed zoning text amendments
with the criteria provided by FWCC Section 22-528.
The City may amend the text of the FWCC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of
the comprehensive plan;
The proposed FWCC text amendment related to nonconforming residential uses is
not consistent with the Comprehensive Plan, because allowing the additional
expansion of nonconforming residential uses beyond what is currently allowed by
the Code is contrary to the following Comprehensive Plan goals and policies:
LUP29 Provide for a mixture of commercial and residential uses in
commercial areas, except Business Park and Office.
LUG5
Develop a quality business park area that supports
surrounding commercial areas.
LUP36
Develop business parks which fit into their surroundings by
grouping similar industries in order to reduce or eliminate
land use conflicts, allow sharing of public facilities and
services, and improve traffic flow and saftty.
2. The proposed amendment bears a substantial relationship to public health,
safety, or welfare; and
The proposed FWCC text amendments lack any substantial relationship, and
negatiyely affect the public health, safety, and welfare. Nonconforming residential
uses are currently provided a special exception under the current Code to make
alterations, renoyations or changes, within certain parameters. This expansion is
limited to encourage the re-deyelopment of the area to a more intensive use as
allowed by the Code. Any further expansion of these structures increases the
potential for conflict between a residential use (not currently allowed) and a more
intensive industrial, commercial or office use (which is allowed). The City has
designated the BP zone for intensive commercial uses, which potentially generate
noise, odors, light and traffic impacts, in an area with easy access to Interstate 5,
the major transportation corridor. Encouraging the further enhancement and
Planning Commission StatfReport
Page 6 Expansinn ofNonconformi tmctures
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entrenchment of nonconforming residential uses in the BP zone will preclude the
siting and or expansion of business, commercial or office deyelopment, and will
not further the public health, safety, and welfare.
3. The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendments related to nonconfonning residential uses
are not in the best interest of the residents of the City, because encouraging the
further enhancement and entrenchment of nonconforming residential uses in areas
designated for more intensiye business, commercial or office developments will
increase conflicts between the uses and preclude the location and or expansion of
commercial developments. Business, commercial and office developments
generate tax reyenues for the City and provide jobs to the City's residents. A City
needs a mixture of residential and non-residential uses to function properly.
D.
RECOMMENDA nON
Based on the aboye, staff recommends not allowing additional expansion of
nonconforming residential uses in non-residential zones beyond that already
allowed under FWCC Section, 22-338. The uses currently allowed in the BP zone
are not generally compatible with residential uses. As the remaining supply ofBP
land develops, surrounding residences in the BP zone will be seyerely impacted.
The nonconforming residential uses within the BP zone should be encouraged to
relocate, in order to increase the supply of ayailable BP-zoned land, and aid in the
economic deyelopment of the City to benefit all its residents. Allowing the
expansion of nonconforming residential uses would be contrary to this goal, and to
prevailing public policy.
III.
NONCONFORMING SINGLE FAMILY RESIDENTIAL STRUCTURES
A.
BACKGROUND & PROPOSED CODEAMENDMENT
It is important to distinguish between uses and structures. Non conforming
structures are those structures located in a zone, containing an allowed use, where a
portion of the structure may not comply with the current development regulations.
For example, the front of the structure, when constructed, did comply with the front
setback requirement. Howeyer, due to an expansion of the right-of-way, the front
yard dimension has decreased or, due to the change in zoning from King County to
the City of Federal Way, the front yard requirement has increased, the front of the
Structure is now within the required front yard setback and is thus nonconforming.
Under the current Code, a property owner is precluded from expanding the gross
floor area of a nonconforming single family structure unless the nonconformance is
brought into conformity. FWCC Sec 22-334 requires that an improvement must
comply with all development regulations in effect at the time the expansion is
proposed (FWCC 22-334). Most jurisdictions allow additions to legal
Planning Commission Staff Report
Page 7 Expansion ofNonconfonn
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PAGEì(H:.
nonconforming single family structures, so long as the extent of the existing
nonconformity is in no way expanded.
Using the example above: a property owner who's house is nonconforming as to
the front setback is precluded from adding on to the rear of the house unless the
existing nonconformity is corrected, under the current provisions of the Code. The
proposed addition to Sec. 22-334, applicable only to single family structures, would
allow an expansion of the structure, so long as the portion of the structure which is
nonconforming is in no way enlarged or expanded, and the proposed addition
complies with all proyisions of the Code. The following is the proposed Code
language:
"If the increase in gross floor area inyolves an existing single family
residential dwelling, the applicant shall comply with the development
regulations in effect at the time of the proposal. For single family
residences, existing nonconformities may remain and continue so long as
the existing nonconformities are not being increased or expanded in any
way. New construction or renoyation which involves the increase in gross
floor area of a nonconforming single family structure is subject to all
applicable requirements of the Federal Way City Code including but not
limited to provisions related to Environmentally Sensitiye AIeas (FWCC
Art. XIV), Off-street Parking (FWCC Art. XV), Improyements (FWCC Art.
XVI), and Landscaping (FWCC Art. XVII)."
B.
ANALYSIS
Staff is providing the following analysis outlining arguments for and against
allowing the expansion of a nonconforming single family residential structure in a
single family residential zone.
1.
Pros:
It is generally accepted that a nonconforming single family residential
structure be allowed to expand so long as the extent of the nonconformity is
not expanded and so long as the expansion conforms to all applicable
proyision of the code such as building setbacks/yard requirements, height,
and environmentally sensitive area regulations. Enabling a homeowner to
expand or in other ways renoyate their dwelling preserves and enhances the
character of a neighborhood. As long as the extent of the existing
nonconformity is not expanded and any proposed expansion complies with
the applicable proyisions of the Code, negative impacts to the surrounding
neighbors and the neighborhood over and above general development
impacts are expected to be minimal or non existent.
Planning Cnmmission Staff Report
Page 8 Expansion ofNonconfi
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2.
Cons:
There are those situations where, for example, a single family dwelling is
built so close to a property line that its presence intrudes on the neighboring
property regardless of the expansion being constructed consistent with the
Code. By allowing nonconforming structures to be renovated or expanded
without bring the nonconformity into compliance with the Code, the
nonconformance and any impacts associated with it are prolonged. The
underlying policy regarding nonconformities is that they should be brought
into compliance and not allowed to remain in perpetuity. Howeyer, the
Code does provide that a non-conforming structure must be brought into
conformance if "[t]he applicant is making any alteration or changes or
doing any work, other than normal maintenance or other than tenant
improvements, in anyone consecutiye l2-month period to an improvement
that is nonconforming and the fair market value of the alteration, change or
other work exceeds 50 percent of the assessed or appraised yalue of that
improvement" (FWCC 22-334(6» Thus while a new kitchen or bedroom
addition may not trigger the 50% threshold, a more complete renovation of
a single family dwelling would require that the nonconformance be brought
into compliance with the Code.
c.
DECISIONAL CRITERIA
FWCC Section 22-528 proyides criteria for zoning text amendments. The
following section analyzes the compliance of the proposed zoning text amendments
with the criteria provided by FWCC Section 22-528.
The City may amend the text of the FWCC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of
the comprehensive plan;
The proposed FWCC text amendment related to nonconforming residential
structures (FWCC 22-334) is consistent with the Comprehensive Plan, because
allowing the expansion of nonconforming residential structures, so long as the
nonconformity is not increased or expanded and the proposed addition is consistent
with all aspects of the FWCC, is consistent with the following Comprehensive Plan
goals and policies:
LUG3
Preserve and protect Federal Way's single family neighborhoods.
HGI
Preserve and protect the quality of existing residential
neighborhoods and require new development to be of a scale and
design that is compatible with existing neighborhood character.
Planning Commission Staff Report
Page 9 Expansion ofNonconfo
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PAGE-Î-OF:
2. The proposed amendment bears a substantial relationship to public health,
safety, or welfare; and
The proposed FWCC text amendment related to nonconforming residential
structures bears a substantial relationship to the public health, safety, and welfare
because if facilitates the renovation of existing nonconforming single family
residential structures, so long as the existing nonconformity is in no way expanded
or enlarged. The proposed addition must meet all aspects of the FWCC would be
consistent with opportunities provided to all other properties.
3. The proposed amendment is in the best interest ofthe residents ofthe City.
The proposed FWCC text amendment related to nonconforming residential
structures is in the best interest of the residents of the City, because it affords
owners of single family residential structures the flexibility to renoyate and
modernize existing nonconforming structures in a manner which will not increase
or expand the extent of the existing nonconformity. Well kept and modern single
family houses and neighborhoods have a positive impact on the City's residents
and the image of the City.
D.
RECOMMENDATION
Staff does recommend approval of the proposed Code amendment related to
nonconforming residential structures (FWCC 22-334), to afford property owners
the maximum flexibility in the upkeep and renovation of their property, so long as
the extent of any nonconformity is not increased or expanded in any way.
Planning Commission Staff Report
Page 10 Expansion of None a
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EXHIBIT C
CITY OF FEDERAL WAY
ORDINANCE NO. 02 - -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL
WAY CITY CODE TO ADDRESS NONCONFORMING SINGLE FAMILY
RESIDENTIAL STRUCTURES
WHEREAS, the City of Fedetal Way adopted Ordinance No. 96-270 in July, 1996, which
significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning).
WHEREAS, the City of Federal Way finds that the amendment to FWCC, Chapter 22 (Zoning), to
allow the expansion of a non-conforming single family residential structUte located in a zoning district
which allows single family residential uses, so long as the extent of the existing nonconformity is in no
way expanded, will ptOvide for imptOyed review ptOcesses.
WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-
conforming single family residential Structure located in a zoning district which allows single family residential
uses will implement and is consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City's SErA Responsible Official adopted the Determination ofNonsignificance
issued on August I 1,2001 for the code amendment to allow the expansion of a non-conforming single family
residential structure located in a zoning district which allows single family residential uses, on or about Match
26,2002; and
WHEREAS, no comments or appeals were teceived prior to the established SEP A deadlines of
August 27,2001, and September 10, 2001, respectiyely, and the initial Determination of Nonsignificance
became final without modification; and
EXHIBIT C
PAGE-LOF: 5
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendment relating to the expansion of a non-confonning single family residential structute located in a
zoning district which allows single family tesidential uses on May 15, 2002, and forwatded a
tecommendation of approval to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered
the code amendment to allow the expansion of a non-confonning single family residential structure located
in a zoning district which allows single family residential uses, on June 3, 2002, following which it
recommended adoption of the text amendment.
WHEREAS, the City Council finds that the code amendment to allow the expansion of a non-
confonning single family tesidential structure located in a zoning district which allows single family
residential uses is consistent with the intent and purpose ofFWCC, Chapter 22 (Zoning) to proyide for and
promote the health, safety, and welfate of the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and cateful consideration, the City Council of the City of Federal
Way finds that the ptoposed code amendment will protect and will not adyersely affect the public health,
safety, or welfate.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
tespect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendment is consistent with, and substantially implements, the
following Comprehensiye Plan goals and policies:
LUG3
Preserve and protect Federal Way's single family neighborhoods.
ORD#
, PAGE 2
EXHIBI1_c
PAGE-LOF
5"
HGl
Preserve and protect the quality of existing residential neighborhoods and
require new development to be of a scale and design that is compatible with
existing neighborhood characler.
2.
The proposed amendment bears a substantial relationship to public health, safety, or welfare
because it facilitates the renovation of existing nonconforming single family residential
structures, so long as the existing nonconformity is in no way expanded or enlarged;
and
3.
The proposed amendment is in the best interest of the residents of the city because it affords
owners of single family residential structures the flexibility to renovate and modemize existing
nonconforming structutes in a manner which will not increase or expand the extent of the
existing nonconformity.
Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit Col.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, Ot the invalidity
of the application thereof to any person or circumstance, shall not affect the yalidity of the remainder of the
ordinance, or the validity of its application to any other petsons Ot circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effectiye Date. This ordinance shall be effective fiye (5) days after passage and
publication as ptovided by law.
PASSED by the City Council of the City ofFederal Way at a regular meeting of the City
Council on the - day of , 2002.
ApPROVED:
MAYOR, JEANNE BURBIDGE
ORD#
,PAGE 3
EXHIBIT c
PAGE-2-.0F..
5
ORD#
ATTEST:
CITY CLERK, N. CRISTINE GREEN, CMC
ApPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
,PAGE 4
EXHIBn -,
PAGE..~
')1=
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5
EXHIBIT C-]
22-334 Nonconforming development.
If any aspect, structure, improvement or development does not conform to the development
regulations prescribed in this chapter, that aspect, structure, improvement or deyelopment must
be brought into conformance or otherwise improyed as set forth below.
(I) Change of use - Single-tenant site. If any applicant proposes a change of use on property
used or occupied by a single tenant or use, the applicant shall meet those proyisions determined
by the director to be reasonably related and applicable to the change of use. These provisions
shall apply to the entire site.
(2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion
of property occupied by multiple tenants or uses, the applicant shall meet those proyisions
determined by the director to be reasonably related and applicable to the change of use. These
proyisions shall apply only to that geographic portion of the site related to the use or tenant space
on which the change is proposed.
(3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any
use on the subject property in anyone of the following ways, the applicant shall comply with the
deyelopment regulations in effect at the time of the proposal, as specified below:
a. If expansion of gross floor area of an existing building occurs either through addition
of new floors within the structure or enlargement of the existing building footprint, the applicant
shall comply with all development regulations in effect at the time the expansion is proposed. If
the property on which the expansion is proposed is occupied by multiple tenants or uses, the
applicant shall comply with those deyelopment regulations applicable to the geographic portion
of the site on which the expansion is proposed; or
b. If a new and separate structure is being constructed on an already developed site, the
applicant shall comply with all deyelopment regulations applicable to the geographic portion of
the site on which the new structure and any related improyements are to be constructed~
c. If the increase in ¡¡ross floor area involves an existing single family residential
dwelling the anolicant shall comnlv with the develonment regulations in effect at the time of the
pronosal For single family residences existing nonconformities may remain and continue so
long as the existing nonconformities are not being increased or exnanded in anv wav New
construction or renovation which involves the increase in gross floor area of a nonconforming
single family structure is subject to all aonlicable reQuirements of the Federal Way City Code
including but not limited to nrovisions related to Enyironmentally Sensitive Areas CFWCC Art.
XIV) Off-street Parking CFWCC Art. XV)' Improyements CFWCC Art. XVI) and Landscaning
CFWCC Art XVm.
EXHIBIT C
PAGE-LOF:
~
,- 0 tOO'
. RjW TO DE VACAŒO
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TRESDEN'PLACE PRELIMINARY PLAT LAYOUT
A PORTION OF THE HE 1/4 OF SE 1/4 OF
SEC. 4, TWP. 21N., RGE 4 E., W.M. KING COUNTY, WA
EXHIBIT l(f} /¡
-~~=-- - ,
.~OUND
1!;NG1NEERJNG, me,
~"-~.~.- ::::!~I :~:::::
_~M~f ._,~-
MEETING DATE:
June 18,2002
ITEM# -:JlIL C c:L )
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
South 298th Street Vacation Ordinance
CATEGORY:
BUDGET IMPACT:
0
0
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
X ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: draft Ordinance vacating a portion ofS. 298th Street; June 3, 2002 Memorandum fromMarwan Salloum to
Eric Faison
SUMMARYIBACKGROUND: As part of the plat of Tresden Place, the City required the applicant to align the intersection ofS.
298th Street where it crosses Military Road. The alignment resulted in relocation of a portion of the street some distance to the north,
leaving a former dead-end portion of the street unused. The applicant proposed as part of the plat to vacate the "old" part of S. 298th
street, in exchange for its dedication of property for the "new," aligned portion. A public hearing for the South 298th Street Vacation
was held at the December 19, 2000, City Council meeting, and the City Council approved the Resolution #00-333 directing the City
Attorney to prepare an Ordinance vacating South 298th Street in the vicinity of the intersection of South 298th and Military Road
upon the satisfaction of a number of conditions, detailed in the attached June 3 Memorandum from Marwan Sallom to the LUTC
chair. The LUTC concluded that all of the conditions have been met and reconnnended that the Council adopt an ordinance vacating
the "old" portion of S. 298th Street, concurrent with Council approval of the final plat of Tresden Place.
CITY COUNCIL COMMITTEE RECOMMENDATION: On June 3, 2002, the Land Use & Transportation Committee
reconnnended that the vacation ordinance be forwarded to the full City Council for flfst reading
PROPOSED MOTION: "] move the proposed ordinance to second reading and approval at the next regular meeting on July 2,
2002"
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0
0
0
0
APPROVED
DENIED
TABLEDIDEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
3ðO
_TV OF .c=;;;::.
.....L ED ~
~~ m-" 33530 1STWAV SOUTH
DATE:
TO:
June 3, 2002
FROM:
RE;
Eric Faison, Chair
Land Use and Transportation Committee
Marwan Salloum, Street System Manager ~ ~
South 298" Street Vacation ~
SUMMARYIBACKGROUND: The Public Hearing for the Portion of South 298'" Street Vacation was held
at the December 19, 2000 City Council Meeting. No public comments were receiyed, and the City Council
approyed Resolution #00-333 directing the City Attorney to prepare an Ordinance vacating a portion of South
298'" Street upon the satisfaction ofthe following:
A. All existing utilities within the right of way area to be vacated haye been relocated into the new
right of way or a utility easement has been granted to the City over existing utilities.
B. The new street alignment of S. 298'" Street involying the substitute right of way has been
constructed and the City has accepted the construction.
C. The City has verified the substitute right of way is of equal or greater yalue than the vacated right
of way. [fthe substituted right of way is of less yalue than the vacated portion, the Petitioners
shall haye paid the difference to the City.
All utilities in the area to be yacated haye been relocated into the new right of way. The new street has been
constructed and found acceptable by the Public Works Department. The owner of the abutting property to the
north (Pageantry Communities of Washington) will be dedicating, as substitute right of way, an area of 13,500
fully developed Right of Way. The portion of South 298'" Street to be vacated has a total area of8,840 square
feet
The owners of the abutting properties have satisfied the conditions outlined in Resolution #00-333 and the
substitute right of way will be dedicated as part of the final plat to be approved subsequent to this vacation.
An ordinance yacating the property is attached to this memo for approval, and staff will be present at the Land
Use and Transportation Committee meeting to answer questions and provide additional infonnation as needed.
RECOMMENDA nON: Staff recommends fOlwarding the attached ordinance to theJune 18' 2002 Council
meeting for first reading.
MS:dl
Enclosure
co:
Project File
Day File
ORDINANCE NO. 02-
DRAFT
fo((( 10 :L-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, VACATING A PORTION
OF SOUTH 298th STREET IN THE VICINITY OF THE
INTERSECTION OF SOUTH 298th STREET AND MILITARY
ROAD.
WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the
abutting property requesting vacation of a portion of South 298th Street, in the vicinity of the
intersection of South 298th Street and Military Road; and
WHEREAS, pursuant to Resolution 00-333, the Federal Way City Council held a
public hearing at its regular meeting on December 19, 2000, to consider the petition for vacation as
required by state law and Federal Way City Code Section 13-102; and
WHEREAS, following the conclusion of the public hearing on December 19, 2000,
the City Council considered the proposed vacation and its compliance with the yacation criteria
outlined in FWCC Section 13-102, and decided to grant the vacation pending satisfaction of the
conditions outlined in Resolution 00-333; and
WHEREAS, Pageantry Communities of Washington, the project developer, is
dedicating a substitute right of way, of equal or greater value as part of final plat approval under file
number 02-l0ll04-00-SU, that will better serve the public interest by allowing for a realignment of
South 298th Street to a perpendicular intersection with better site distance and reduced turning
movements at the intersection of Military Road and South 298th Street; and
ORD#
,PAGE I
WHEREAS, the owners of abutting property have satisfied the conditions outlined in
Resolution 01-333;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Vacation. That portion of the right-of-way of South 298th Street, in the
vicinity of the intersection of South 298th Street and Military Road, as described in Exhibit "An
(legal description) and as depicted on Exhibit "A" (vicinity map) attached hereto is hereby vacated.
The property lying in the portion of the right-of-way described in Exhibit "An shall be returned to
and belong to those persons entitled to receive the property in accordance with state law.
Section 2. Recordation. Upon passage, approval and publication ofthis ordinance,
the City Clerk is directed to cause this ordinance to be recorded with the King County Department of
Records and Elections.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable- The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the inyalidity ofthe application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Ratification- Any act consistent with the authority and prior to the
effective date ofthis ordinance is hereby ratified and affinned.
Section 5- Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided by law.
ORD#
,PAGE 2
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, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ordinls.298-rnilitary vacation
ORD#
,PAGE 3
MEETING DATE:
June 18,2002
ITEM# -='P7ïT- ( t:Ù
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Sex Predator Siting Legislation
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 RESOLUTION
~ CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0.00
$0.00
$0.00
ATTACHMENTS: LUTC Committee Report.
SUMMARYIBACKGROUND: A complete summary is included in attached LUTC Committee Report. Staff-had
recommended that the City Council initiate the necessary zoning code amendments to establish a sex predator siting
process. LUTC instead yoted 2- I to recommend that the full City Council take no action and thus allow the state
Department of Social and Health Services to site any secute community transition facilities pursuant to its own guidelil1es.
CITY COUNCIL COMMITTEE RECOMMENDATION: That the full City Council direct stafftoiake no action to
establish a sex predator siting process and thus allow the state Department of Social and Health Services to site any secure
community transition facilities pursuant to its own guidelines. (2-1 vote)
PROPOSED MOTION: IF THE CITY COUNCIL CONCURS WITH LUTC: "I moye to direct staff to take no action
to establish a sex predator siting process and thus allow the state Department of Social and Health Services to site any
secure community transition facilities pursuant to its own guidelines." IF THE CITY COUNCIL REVERSES LUTC: "I
mOye to direct staff to initiate the necessary zoning code amendments to establish a sex predator siting process.
~~~~-~~~~~~;;~~~~¡;~~ft~¡;;:=.~ ":=:I~
(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 #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
_Of =.
.4,. ED ERA\....
~~AY
DATE:
June 3, 2002
TO:
FROM:
Land Use & Transportation Committee
David MO~nager
Derek Matheson, Assistant City ManagW
VIA:
SUBJECT:
Sex Predator Siting Legislation
Background
The 2002 State Legislature adopted and Goyernor Gary Locke signed Senate Bill 6594. The bill
implements legislation from last year that requires each county to take its fair share of "secure
community transition facilities" for sex predators. At present, many of these offenders come from
King County and other counties but all are housed in Pierce County.
The bill giyes counties and cities until September 1,2002 to adopt zoning code amendments for
siting these facilities within their jurisdictions I. Counties and cities that do not establish siting
processes will be "preempted" by the state. This means that if the state Department of Social and
Health Services wants to site a facility in that jurisdiction, it will manage the siting process pursuant
to its own guidelines. It is highly likely that DSHS will site the first SCTF somewhere in King
County.
Both the planning option and the preemption option offer benefits and drawbacks, all of which are
discussed in the attached comparatiye analysis. Staff has concluded that adopting our own siting
criteria is the best way to protect the community because it allows the city to establish the zones,
setbacks, and procedural requirements for SCTFs. However, the process of establishing those zones,
setbacks, and procedural requirements is certain to be a contentious and difficult one for the City
Council.
Ouestion
Staff is seeking direction from the City Council on whether to begin drafting zoning code
amendments to establish a sex predator siting process or whether to take no action and allow DSHS
to site facilities pursuant to its own guidelines.
I It is not entirely clear whether cities must adopt zoning code amendments by September I or whether they must simply adopt"
process for adopting the amendments. If the city elects to plan, the city attorney has recommended that the City Council adopt a
resolution that sets forth the process and timeline.
Memorandum to LUTC
Sex Predator Siting Legislation
June 3, 2002
Page 2
Attachments
Federal Way staff analysis of planning Ys. preemption
DSHS press release on SCTF siting guidelines
DSHS presentation on SCTFs
DSHS frequently asked questions
Options
1. Direct staff to initiate the necessary zoning code amendments to establish a sex predator siting
process in Federal Way-
2. Take no action to establish a siting process and thus allow DSHS to site any facilities pursuant to
its own guidelines.
Recommendation
L-u'\C-
~ecommends that the committee place this item on the June 18 City Council agenda with a
recommendation that staff initiate the necessary zoning code amendments to establish a sex predator
siting process. tot
PLANNING VS. PREEMPTION UNDER SENATE BILL 6594
Secure Community Transition Facilities for Sexual Predators
Prepared 4/1/02
Whv a citv should adopt plans
for siting transition facilities
Local Control & Neighborhood Protection -
Planning gives a city greater control over siting of
facilities and the ability to protect residential, etc.,
areas.
Procedural Protection - Planning allows a city to
create extensive review procedures to the protect
public interest (unless more extensive reviews
would be null and void - see other column).
Permanent Protection - The state could loosen its
siting criteria in the future to create more sites, but
state could not change city-adopted criteria.
Procedural Complexity - City criteria that ate
different from those of the state would be new and
thus more complicated for the state, which might
make state more likely to look at a city where it can
use its own ctitetia.
Already Involved - A city would have a role in the
siting process via building permits even if
preempted, so it may not make sense for a city to
back out of one-half of the siting debate.
Citizen Expectations - Citizens expect their city to
playa role in the siting process - even if preempted.
Planning would be more proactive than preemption.
Grant Funds - A city that goes through the process
could be eligible for state funding/mitigation.
Finality of Preemption - Preemption is final and
cannot be reversed even if a city wants to plan in the
future.
Consistency with Home Rule - Cities often lobby
for more local control and should not voluntarily
abdicate local control.
Whv a citv should not adopt plans
and thus be preempted by the state
. Time Constraints - A city must adopt development
regulations by 9/1/02, which requires extensive staff
work, planning commission review, city council
review, etc.
. Incentives Risk - If a city plans and thus creates a
map of suitable zones/sites, it could create an
incentive for the state to site a facility in that city
because some of the siting work is already done.
(Unless several other cities also have maps.)
. Null and Void Risk - A city adopting more
restrictive requirements than allowed in the bill could
have its criteria found to be null and void.
. Existing Other Regulatory Authority - A
preempted city might still be able to influence the
siting process via building permits.
. Existing Protection - The state has been focusing
primarily on rural areas. In addition, existing state
criteria may already offer relatively few sites in a city
(which makes new development regulations
unnecessary - though state criteria could change-
see other column).
. Public Safety Rights - A preempted city can still
offer comments to the state on public safety concerns
during the siting process (but comments have little
"teeth").
. Hands Tied - A preempted city can argue that it has
no role in siting facilities and send concerned citizens
to the state.
. Liability Protection - A preempted city would not
have any ordinances subject to legal challenge.
. County Action - King County is not likely to adopt
regulations. (Does this matter to cities, though?)
DSHS Publishes Siting Gidelines For Sex Offender Secure Community Transition Faciliti..
Page lof3
1
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J! iJIJI.iI, ~, ...,,~\;../ ',\~6iog!ì ìStatèÐeDarlmcnlo'soclaI6H~altbS~niices
Œ..... """""'.. ... ....
News Release Listinq I DSHS Main P-'!!Jg I "'ci'Ich I (QrHi]ct Us I Privacy
Contact:Bc\'cdy Wilson (360)902-8257 ElizahsjJIl\1cl'\agny (360)902-816-1 SIc\<" \\ illia"" (.\{'III
902-7569
September 28,2001
DSHS Publishes Siting Gidelines For Sex Offender Secure Community Transition
Facilities
Olympia - Guidelines counties and cities will use to find sites to locale Secure Community
Transition Facilities (SCTF) for sex offenders are now published on the Department of Social and
Health Services (DSHSJ Web site. The facilities are for sex offenders moved out of the Special
Commitment Center (SCe) by the courts for further treatment. This fulfills a provision of legislation
(3ESSB 6151) passed earlier this year that required DSHS to consult with a joint select committee
created by the bill and then publish the guidelines by October 1, 2001.
The Secure Community Transition Facilities are smaller housing units required by the federal court
to provide a community-based treatment setting for SCC sex offenders who have progressed
successfully through multiple levels of treatment over several years. The community facilities will
be the next step in treatment for those who convince a court they have completed the treatment
regimen at the SCC and can be conditionally released from total confinement to the highly
supervised SCTF where they will continue to undergo treatment.
In Senate Bill 6151, the State Legislature decided there must be an equitable distribution of Secure
Community Transition Facilities throughout the state. The Legislature directed local governments to
consider DSHS guidelines in adapting local regulations to accommodate such facilities. Since a
SCTF is considered an essential public facility, no local plan or regulation may preclude a SCTF.
Ur,uer me guidelines, DSHS must approve any site selected by the local government. Each site
must be large enough to contain a SCTF with a minimum of three beds.
In no case may a SCTF be sited adjacent to, immediately across a street or parking lot from, or
within the line of sight of risk potential facilities defined in the law as schools, school bus stops,
preschool facilities, day care facilities, public parks, publicly dedicated trails, sports fields,
recreational and community centers, churches, synagogues, temples, mosques or public libraries.
The law requires DSHS guidelines to endeavor to achieve an average law enforcement response
time to the SCTF of not greater than five minutes. The guidelines must also balance the response
time with the proximity to the defined risk potential facilities.
Every site must have access to reliable security monitoring services and back -up systems to
accommodate sophisticated security measures.
Permitting must be possible under the local zoning code.
SCTFs with six or fewer residents must have one staff on duty for each resident during the morning
and afternoon shifts, and at least two staff on duty at night. The law also requires intensive staff
DSHS Publishes Siting Gidelines For Sex Offender Secure Community Transition Faciliti.. Page 2 oj",
training and background checks.
As required in the legislation, these guidelines follow the August 31, 2001, notification of all
counties in Washington State of the number of SCTF beds that may be needed in each county.
Twelve of the thirteen counties that had at least three residents committed to the SCC on
April 1, 2001, are required by the law to plan for at least a three-bed Secure Community
Transition Facility (SCTF) to be available, if needed, for the period May 2004 through May
2008. King and Snohomish Counties are required to plan for siting a greater number of
beds based on their proportionate share of SCC residents.
COUNTY
RESIDENTS OF MINIMUM SCTF
see ON 4-1-01 BEDS (2004)
3 3
6 3
3 3
3 3
4 3
41 5
6 3
21 N/A'"
20 3
5 3
8 ~
4 3
4 '
MAXIMUM SeTF
BEDS (2007)
3
3
3
3
3
15
3
N/A'"
7
3
3
3
3
1. Chelan
2. Clark
3. Cowlitz
4- Franklin
5. Grays Harbor
6. Kinq
7. Kitsap
8. Pierce
9. Snohomish
10. Spokane
11. Thurston
12- Whatcom
13. Yakima
('NOT APPLICABLE. PIERCE COUNTY IS EXEf~PT FRO~' ;HE LIST BECAUSE IT IS ,HE SITE Of A
24-BED SCTF ON MCNEIL ISLAND. THE LAW REQUIRES AN "EQUITAB~E DISTRIBUTION" Oí
COMMUNITY-BASED SCTF FACILITIES THAT WILL NOT CAUSE A "DISPROPORTIONATE GRCJUI)II~('
IN ANY ONE COUNTY.)
Twenty-six counties that had two or fewer residents in tlìe see 011 April l, 200 l, do" :1ot : "CiL'" "L:
DSHS Publishes Siting Gidelines For Sex Offender Secure Community Transition Faciliti..
Page 3 of 3
to plan for an SCTF. However, the legislature provided monetary incentives for any county that
voluntarily provides facilities for more than its fair share of SCTF beds.
Statewide, DSHS projects a need for at least 49 community-based SCTF beds by mid-2007. The
new SCTF under construction at the North Complex on McNeil Island will house 15 SCTF beds and 9
pre-transitional beds.
DSHS is under federal court order to provide SCTF facilities in communities throughout the state
for those sex offenders who successfully complete all phases of treatment in the SCC and are ready
for community-based treatment as part of their transition back into society.
The current population of the SCC is 144 with 142 men at McNeil Island and 2 women at the
Corrections Center in Purdy.
Modification Date: September 28, 2001 Inquiries about DSHS and its programs: Constituent
Services, Ask DSHS or call 1-800-737-0617, 8 a.m. - 5 p.m. PST, Monday'-Friday. Technical Site
Comments: DSHS Webmßster.
PLANNING FOR SECURE COMMUNITY
TRANSITION FACILITIES
State of Washington
Department of Social and Health S!,rvices
Special Commitment Center
Apcil2002
Background
0 1990 Community Protection Act
0 Civil commitment for certain sex offenders
0 Superior courts are the courts of commitment
0 Special Commitment Center on McNeil Island
,/ Total confinement facility
,/ Mental health treatment model
0 Residents have right to annual court review
,/ Progress in treatment
.,/ Readiness for conditional release to a less
restrictive alternative (LRA) placement
SIT1~C Sr:Cl;IΠCO\I\IU'\ITY
m\~SITI()" I«\CIII IlLS
'<""w,
Conditional Release
to Communities
Court of commitment determines if:
v' Treatment provider is available and
willing to work with resident
v' Treatment provider will prepare treatment
plan and make regular reports to court
v' An LRA placement is available that
adequately protects the community
v' Resident is willing to comply with
conditions imposed by court, and
treatment provider, and community
corrections officer
Federal Court Injunction
0 Must provide "constitutionally adequate
mental health treatment"
0 Contempt fines now $4 million+ and growing
0 Critical issue: Must site and operate secure
community transition facilities (SCTF)
.' SCTF on McNeil Island not enough
.' Must site SCTFs in mainland communities
0 Siqnificant proqress must be made
before next hearinq on 10/07/02
SITINC SECURE CO\I!dUNITY
m\NSITION FACIIITIL:S
I
Key Legislative Requirements
3ESSB 6151 - Enacted June 2001
0 Authorized SCTF on McNeil Island
I] Directed DSHS to project number of
additional SCTF beds needed and notify
counties
0 Required counties and cities to plan for
siting SCTFs
êJ Established specific siting criteria
including security, staffing, and escort
requirements
I] Authorized planning and incentive grants
"d2002
Legislative Requirements
ESSB 6594 - Enacted March 2002
!J Requires cities and counties to complete
planning for SCTFs by September 1,2002
!J Subjects jurisdictions in six counties to
"preemption" after October 1,2002 for
failure to meet planning requirements
!J Grants local governments and law
enforcement officers immunity
!J Deletes requirement to site SCTFs where
there is an avg. 5-minute law enforcement
response time
!J Authorizes contracts on SCTF operating
procedures and public safety mitigation
SI!îN(; SECURE CO\I\1l iN II\"
11<.\:\51110\: 1'\(11.11115
~-
"'"2002
~--
"'"2002
SITrNG SECURE COMMUN1TY
TRANSITION FACILITIES
Preemption
0 Applies only to local governments in Clark,
King, Kitsap, Snohomish, Spokane, and
Thurston Counties
0 Applies only to the jurisdictions that fail to
complete required planning by 9/01102
0 Preempts and supersedes local plåns,
development regulations, inspection
requirements and all other laws for siting,
constructing, renovating, occupying and
operating SCTFs
Preemption Procedures
0 DSHS will not preempt a city or county before
deciding there is a need to site a facility there
0 DSHS will defer to the local jurisdiction's process
and regulations unless it is determined that:
./ local jurisdiction made no effort to comply with
planning requirements (no planning done) - or-
./ local process precludes siting of SCTFs - or-
./ local regs are inconsistent with or more
restrictive than state law - or-
./ local land use permitting process will not result
in timely siting (DSHS suggests this is about 180
days from date of application)
Siting Process - DSHS Duties
0 Adopt policy guidelines on siting
0 Assist local governments in planning
0 Provide planning and incentive grants
0 Approve all SCTF sites selected
CJ Preempt local jurisdictions in six counties, if
necessary
'J Report to legislature on 12/112002 on siting
progress
"""02
Siting Process -
Local Government Duties
CJ Amend comprehensive plans and
development regulations by
09/01/02
,/ Consistent with statutory requirements
,/ Not more restrictive than state
requirements
:::¡ Do not preclude the siting of
SCTFs
:-;III"!(, :-;!CURL COM\1l iNIIY
IK\'\\I (I()'\ 1\('111111\
~~,
'P"1O01
'P"1O01
SITING SECURE COMMUNITY
TRANSITION FACIUTIES
"
Overview of the Planning
and Siting Process
Consider Key Siting
Requirements in Planning
0 Give preference to SCTF locations farthest
removed from risk potential facilities
0 Prohibit siting of SCTFs adjacent to or
within line of sight of risk potential facilities
0 Consider equitable distribution factors
0 Balance proximity of the SCTF site to "risk
potential" facilities such as schools, child
care centers, etc., against other factors
12
Share Information
0 DSHS shares GIS data on:
./ Risk potential locations
./ Equitable distribution factors: location
and number of correction-a! and mental
health facility beds and registered sex
offenders
'J Counties and cities share proposed
plans and regs with each other and
DSHS
'<"'CO"
"
Analyze Information
:J Analyze local areas and zones to determine
which meet statutory requirements and are
most suitable for siting SCTFs
[] Review proposed regulations against
statutory requirements
:J Consider and weigh public safety factors -
decide order of importance of siting factors
such as proximity of SCTF to risk potential
locations, equitable distribution, etc.
Sill",; SICTIΠCO\I\lli"ll\
11~\"SIIIO"I\,IIIIIIS
, \
-
Adopt Local Plans and Regs
Cities and counties adopt
amended comprehensive plans
and development regulations
-'Define the siting process
-'Identify areas or site(s)
-'Consistent with state law
-'Not more restrictive
Ap"2002
IS
--~"
Review Possible Sites
0 DSHS reviews available sites
within the areas identified by the
local jurisdiction
¿ If jurisdiction is preempted, DSHS
consults with the jurisdictions and
searches for sites
0 DSHS selects one or more
potential SCTF sites within the
areas identified by the local
jurisdiction(s)
,,"I1GOI
>6
SITING SECURE COMMUNITY
TRANSITION FACILITIES
Hold Public Hearings
0 DSHS, in consultation with the
local jurisdiction, holds public
hearings on the potential sites
0 DSHS provides public with
information on specific sites
,,'12002
1- .
Select Preferred Site
0 DSHS selects the preferred site
0 DSHS follows local process, OR
0 Consults with preempted gov't
./ Contracts with consultants
./ Sites in environmentally responsible
manner - follows SEPA substantively
"'."'"
SITING SECURI' COMMUNITY
TRANSITION F.\CILIliES
------ ,
",."02
\~
\0
\
For More Information...
0 3ESSB 6151 (Chapter 12, Laws of 2001, 2nd
Sp- Session)
0 ESSB 6594 (Chapter 68, Laws of 2002)
DSHS Policy Guidelines, 10/01/01
Civil Commitment - RCW 71.09
Growth Management Act - RCW 36.70A
DSHS Staff Contacts:
./ Beverly Wilson (360) 902-8257
./ Elaine Taylor (360) 902-8184
19
SITfNG SECURE COMMUNITY
TRANS[TlON FAC!UTIES
FREQUENTLY ASKED QUESTIONS
Answers to Queslions abolilihe DSHS Special Commitment Cell/er
and Requirements for Siting Secure Community Transition Facililies
BACKGROUND INFORMATION
1. What is the Special Commitment Center?
The Special Commitment Center (SCC), located on McNeil Island, is a total
confinement facility designed to proYide long-term rehabilitative treatment for
certain sexual offenders. The program, operated by me Department of Social
and Health Services (DSHS), is housed within the secure-perimeter of the
McNeil Island Corrections Center. Although the program operates within the
confines of a correctional facility, it is not a prison or criminal justice program
It is a specialized mental health treatment program.
Sex offenders who have completed their criminal sentences, but are found by
state superior courts to meet the definition of "sexually violent predator" under
chapter 71.09 RCW, may be civilly committed to the SCC for care, control,
and custody. They remain in the total confinement program receiving
ongoing treatment until the court determines that they are ready for
placement in a community supervised living arrangement (LRA)
2- What does "less restrictive alternative" mean?
community transition facility?"
What is a "secure
A less restrictive alternative (LRA) placement is defined in the state law as a
living arrangement that is less restrictive than total confinement. An LRA
placement may be in a residential facility program operated or contracted by
the Department of Social and Health Services or in the person's own home in
the community.
"Secure community transition facility" (SCTF) is the statutory name for a LRA
residential facility program operated or contracted by DSHS. As stated in
RCW 71.09.020, "...a secure community transition facility has supervision
and security, and either provides or ensures the provision of sex offender
treatment services." The program offers 24-hour intensive staffing and line-
of-sight supervision by trained escorts when residents leave the facility
3. How does a court decide when an see resident is ready for conditional
release from the SCC? What are the grounds for making that decision?
Each civilly committed person receives an annual review by qualified
professionals to evaluate the person's progress in treatment A civilly
Department of Social and Health Services
Special Commitment Center
April 2002
committed individual has a right to an annual hearing in the superior court of
commitment to determine his or her readiness for conditional or unconditional
release. The superior court judge or jury makes the decision based on expert
testimony of the person's history and progress. If the court determines that
the community can be adequately protected and it is in the person's best
interest to be conditionally reteased, the court may order the person's
conditional release to a less restrictive alternative placement. The court's
determination that an individual is ready for conditional release is based on
the individual's behavior, psychological testing, and expert testimony.
4. Why is it necessary to establish LRA facilities?
As required by state law, individuals who have been determined by the courts
to be ready for conditional release have the right to-live in settings that are
less restrictive than total confinement. As discussed .below, the civil
commitment program must meet the standard of "constitutionally adequate
mental health treatment." This means that residents who are ready for
conditional release must have an opportunity for placement in a less
restrictive alternative placement. Many SCC residents do not have the
personal or family resources necessary to provide the level of support and
supervision required for successful conditional release. A structured and
closely supervised community residential program provides community
protection and an appropriate environment in which the conditionally released
person can continue treatment, learn appropriate life skills, and make a
successful transition to community living while being closely monitored.
In August 1991, a civil rights complaint was filed in federal court alleging
violations of the constitutional rights of SCC residents. In 1994, the Federal
District Court entered an order and injunction requiring the see to provide
the residents with "constitutionally adequate mental health treatment." Since
1995, the court has held annual or semiannual hearings on the state's
progress toward meeting the court's requirements. Following the November
1999 hearing, the federal court ordered that a penalty of $50 per day per
resident accrue, but deferred the state's payment of the contempt sanctions
because many improvements had been made within the sec program. The
court also found that the lack of less restrictive alternative housing options
was a significant issue and ordered the state to "[make] arrangements...for
the community transition of qualified residents, under supervision, when they
are ready for a less restrictive alternative."
Following the July 2001 and February 2002 hearings, the court found that the
state's enactment of legislation (3ESSB 6151 and ESSB 6594) establishing
the McNeil Island Secure Community Transition Facility and providing a
process for siting additional facilities on the mainland was a significant
positive step. However, the court has continued the accrual of the contempt
sanctions (now well over $4 million) until the state has established LRA
facilities on the mainland.
Department of Social and Health Services
Special Commitment Center
April 2002
5. Why doesn't the state appeal the federal court orders? What would
happen if the state simply refused to provide less restrictiye alternatiye
housing options?
The state has appealed past federal court orders and lost. At the very least,
a refusal to implement less restrictive alternative housing options may result
in an order requiring the state to pay a large sanction that could continue until
compliance with the court order is met. A refusal could ultimately place the
SCC program in jeopardy and lead to the closure of the program and release
of SCC residents to settings with little or no supervision.
6. How many sex offenders reside in the SCC?
As of April 2002, there are 156 residents in the SpeÐial Commitment Center
total confinement program, including one woman who is ho!.1sed at a special
unit in the Washington Corrections Center for Women at Purdy. and one
juyenile who is in a program outside Washington State. There are also seven
sec residents who have received court-ordered conditional releases. Three
of these individuals are living in private residences in the custody of their
families, three are in a special needs contracted community program, and
one is in the recently established McNeil Island Secure Community Transition
Facility. For the past several years, admissions to the SCC have been
averaging about 2.5 residents per month.
SCC TREATMENT PROGRAM AND SECURITY REQUIREMENTS
7. What kind of rehabilitative treatment do SCTF residents receive?
Prior to their conditional release, SCC residents participate in an intensive
treatment program at the total confinement facility. The treatment program
requires the resident to participate in intensive individual and group sessions
with qualified professionals, undergo periodic polygraph (lie detector) and
plethysmograph (sexual arousal) tests, and. in some cases, take
medications. Residents who successfully complete the first five phases of
treatment begin their preparation for a community transition placement.
Residents who receive court-ordered conditional releases to an LRA must
continue participating in intensive treatment with a qualified, court-approved
community sex offender treatment provider. The SCTF staff work as a team
with the treatment provider and the resident's assigned community
corrections officer to monitor each resident's progress throughout all aspects
of the community transition program.
8. What level of security does an SCTF provide for community protection?
State law requires SCTFs to provide a high degree of security and staff
supervision. The coordination and teamwork of the SCTF program staff, sex
offender treatment provider, community corrections officer, and local law
Department of Social and Health Services
Special Commitment Center
Apnl 2002
enforcement are essential to assuring community protection.
measures include:
Security
Specific conditions set by the court- To protect the community when a
person is conditionally released, the court of commitment orders clearly
defined conditions that the person must follow. State law requires the
program staff, treatment providers, and community corrections officers to
immediately report serious violations of court-ordered conditions,
including any alleged criminal offenses, to law enforcement. If the person
is not arrested and detained by law enforcement, the person must be
transferred to the SCC total confinement facility pending the outcome of a
court review.
Proximity of SCTF site to risk locations. -- When a property is
considered for an SCTF, the law requires DSHS and lo¡:;al governments
to consider and address many factors. Key considerations include the
distances between the SCTF property and "risk potential activities and
facilities" such as child care centers, schools, school bus stops, public
libraries. The law also requires evaluating a site to determine if barriers
exist or can be installed to shield visibility between the SCTF and
adjacent properties, if electronic monitoring services are available to the
area, and if there is reasonable access to community services such as
treatment, employment, vocational training, etc.
Intensive staffing. The law requires the SCTF to provide intensive
staffing ratios. In facilities with six or fewer residents, the facility must
provide a ratio of one staff on duty for each resident during the day and
evening hours, and two staff on duty for every three residents during the
night hours.
Close supervision and escorts. Unless otherwise ordered by the court,
each SCTF resident must be closely supervised (on a one-to-one basis)
by a trained staff or court-authorized escort when the resident leaves the
SCTF premises for any purpose. The staff/escort must remain with the
resident for the duration of the outing, even when the resident may be
working at a job.
Household security systems- The SCTF facility must have household
and perimeter security systems installed that meet specific technical
specifications and offer appropriate emergency backup provisions. This
includes providing a tamper-proof security panel, emergency electrical
supply system, personal panic devices for all staff, staff photo ID badges,
etc.
Intensive training for qualified staff. SCTF staff must meet specific
qualifications and receive specialized in-service training on a range of
topics before they begin working with residents Each staff is required to
Department of Social and Health Services
Special Commitment Center
April 2002
pass a thorough state and federal criminal background check and not
have a history of any felony convictions.
Informed staff and escorts- Staff and escorts must be fully informed
about each resident's offense history and behavior palterns. Although
staff and escorts do not carry guns, they must be equipped with cell and
radio phones, and be trained in self-defense and appropriate emergency
response procedures.
Community trips require advance planning. Residents are allowed to
leave the facility premises only for specific purposes, as authorized by the
court order, and only with prior approval of the resident's assigned
community corrections officer, treatment provider, and the SCTF program
manager. Reasons for leaving the facility may include treatment,
employment interviews, employment, training, and other activities, such
as family visits, that are specifically addressed in the resident's treatment
plan.
Individual electronic monitoring devices. Unless otherwise ordered by
the court. each resident must wear an individual electronic monitoring
device.
9. If an SCTF is sited in our county, will the residents placed there be the
same ones who were committed from our county?
It is possible, but not a given. The court orders the placement and considers
many factors including whether housing is available that meets the court's
conditions and the individual's needs, a qualified community sex offender
treatment therapist has agreed to work with the resident and make regular
reports to the court, the location of victims. etc.
PLANNING AND SITING REQUIREMENTS FOR
SECURE COMMUNITY TRANSITION FACILITIES
10, What is being proposed? What does the law require?
Two laws have been passed that address the siting of secure community
transition facilities. In June 2001, the state enacted 3ESSB 6151 (Chapter
12, Laws of 2001, E2). This law provides direction to OSHS and local
governments in the planning and siting of secure community transition
facilities. The law requires counties and cities that are fully planning under
the Growth Management Act (GMA) to include a process in their
comprehensive plans and development regulations to provide for the siting of
SCTFs. Counties and cities not fully planning under GMA also must establish
a planning process and amend their development regulations, as needed, to
provide for siting SCTFs. The statute provides specific siting requirements
Department of Social and Health Services
Special Commitment Center
April 2002
and community safety standards that DSHS and local governments must
follow
In March 2002, ESSB 6594 (Chapter 68, Laws of 2002) was enacted. This
legislation amended some of the siting criteria enacted in the previous
legislation and addressed several other issues that are relevant to the role of
cities and counties in the SCTF planning and siting process. The
requirement to site facilities in areas in which it is possible to "endeavor to
achieve an average law enforcement emergency response time of five
minutes" was deleted from the law. ESSB 6594 provides cities and counties
with immunity from causes of action for civil damages related to the siting of
SCTFs. Cities and counties and their law enforcement personnel are also
granted immunity from causes of action for civil damages if law enforcement
personnel make reasonable and good faith efforts to respond to emergencies
involving SCTF residents.
The 2002 law authorizes two types of contractual agreements between DSHS
and local governments. DSHS and the local government where a facility is
sited may contract with each other to memorialize their agreements on SCTF
operating procedures and their respective roles and responsibilities
Contingent upon funds being appropriated, OSHS may also contract with
local communities to provide resources to mitigate the impact of the SCTF.
To assure that facilities can be sited in a timely manner, ESSB 6594 provides
the state with limited authority to 'preempt and supersede local plans,
development regulations, permitting requirements, inspection requirements,
and all other laws as necessary to enable the department to site, construct,
renovate, occupy, and operate secure community transition facilities..." The
state's preemption authority applies only to six counties (Clark, King, Kitsap,
Snohomish, Spokane, and Thurston) and any of their cities and only to any of
those jurisdictions that fail to comply, by September 1, 2002, with the
statutory planning requirements for siting secure community transition
facilities.
11- What is the role of the local jurisdiction? What is the role of DSHS?
Under RCW 3670A200, no local comprehensive plan or development
regulation may preclude the siting of essential public facilities, including
SCTFs. State regulations recommend that local governments take a
cooperative inter-jurisdictional approach, consistent with countywide planning
policies, in planning for difficulHo-site essential public facilities of a
countywide, regional or statewide nature.
Cities and counties have the lead role In defining a process and appropriate
areas for siting SCTFs In other words, local jurisdictions are responsible for
planning and permitting To plan for the siting of these facilities, local
governments must conduct tile analysis necessary to Identify areas or sites
Department of Social and Health Services
Special Commitment Center
,~[J'" 200?
that meet the minimum criteria required by state law. As the permitting
authority, local government is not responsible for buying or leasing land or
buildings for SCTFs. .
DSHS is required to work with local governments in the planning process. In
the event that DSHS must preempt a local jurisdiction to site a facility, DSHS
will continue to consult with the local government as appropriate. To help
local jurisdictions in the planning process, DSHS will provide program
information, geographic information system (GIS) data and other technical
support. To support this effort, DSHS is building a comprehensive
geographic information system to assist local jurisdictions in the mapping and
review of potentially suitable areas for siting SCTFs. Once a local jurisdiction
has identified appropriate area(s) or zones, and DSHS has determined that a
facility is needed in that area, DSHS will review the available properties within
those areas to identify specific sites. After identifying specific sites, DSHS
will apply to the local jurisdiction for the appropriate permits. -If the jurisdiction
has been preempted, DSHS will continue to consult with local government as
appropriate
12. What is the role of the individual towns and cities within the county? Is
my city required to find a site separate from sites that may be identified
by the county?
At a minimum, the state law requires counties and cities within the county to
notify each other of siting plans The legislation does not further define how
counties and cities must coordinate. Early coordination, with counties taking
a lead role, is advisable because it allows the seamless review of risk
potential facilities and equitable distribution factors.
All counties and cities must establish a process and development regulations
to provide for siting SCTFs. Except where countywide planning policies have
otherwise dictated siting choices, development regulations should provide for
the possibility of siting each of the listed essential public facilities somewhere
within each jurisdiction's planning area. DSHS expects that a coordinated
countywide analysis will determine that some areas within a county's
boundaries will be preferred over others for siting SCTFs.
13.ln August 2001, DSHS notified all 39 counties that SCTFs may need to
be sited within any of 12 identified counties sometime between May
2004 and May 2007- Our county was one of the 12 counties identified,
but it is not one of the six counties that are subject to preemption under
ESSB 6594. Do different planning and siting requirements apply to our
county?
No. ESSB 6594. however, clarifies that a failure of any jurisdiction to
complete the planning by the deadline is not a condition for fiscal sanctions,
appeals to the growth management hearings board, or a private cause of
action. If your jurisdiction is not subject to preemption, it is highly unlikely that
Department of Social and Health Services
Special Commitment Center
Apnl 2002
DSHS would site a facility in your area unless your jurisdiction volunteers as
a location. Jurisdictions that are subject to preemption and that fail to do the
required planning by the deadline run the risk of losing local control over the
SCTF siting, permitting, and construction process if and when DSHS
determines that a facility must be sited in that jurisdiction. If DSHS decides to
site a facility in a preempted jurisdiction, the department will consult with the
local government and attempt to follow local procedures and practices to the
extent possible.
14. What steps does
jurisdictions?
DSHS
suggest for coordinating with
local
Although there will be local variations, DSHS suggests the following steps:
a. The county and its cities establish a coordinated cou[ltywide planning
process. At a minimum, a coordinated process would include sharing
early drafts of revisions to comprehensive plans and development
regulations.
b. DSHS, counties, and cities share data on location of risk potential
facilities and activities and equitable distribution factors.
c. DSHS assembles the data available and provides counties and cities with
digital GIS data.
d. Counties and cities adopt comprehensive plan amendments and
development regulations, as necessary, that define the siting process,
criteria, and zones, areas or site(s) appropriate for siting SCTFs.
e.
When ready to site a facility in a particular area, DSHS reviews available
sites within the areas identified by the local jurisdiction(s) and approves
sites that meet state requirements. If a jurisdiction has been preempted,
DSHS consults with the local government and identifies appropriate sites.
As needed, DSHS selects one or more potential SCTF sites within the
areas identified by the local jurisdiction(s).
f.
DSHS, in consultation and coordination with the local jurisdiction(s) where
sites under consideration are located, holds public hearings on the sites
as required by state law.
g. DSHS selects the preferred site for the facility.
h.
If the local jurisdiction has not been preempted, DSHS follows the local
jurisdiction's permitting requirements. If the jurisdiction has been
preempted, DSHS consults with the local government, engages tile
services of other permitting and construction consultants and resources
as needed (e.g., the state fire marshal) to act in lieu of the local
government.
Department of Social and Health Services
Special Commitment Center
April 2002
15. What GIS data is DSHS collecting and making available to local
jurisdictions?
DSHS is gathering data that include:
Locations of the risk potential facilities referenced in the law. These risk
potential facilities include public and private schools, licensed day care
facilities, licensed preschool facilities, public parks, publicly dedicated
trails, playgrounds, and sports fields, recreational and community centers,
school bus stops, churches, synagogues, temples, and mosques, and
public libraries.
The number of registered sex offenders (Levels I, II, and III) aggregated
by city and county. Limitations of the data. prevent further sub-
categorization by offender level. Data sharing agre,?ments preclude
DSHS from releasing this information at an individual level.
The number of residential facility beds in each jurisdiction operated by the
Department of Corrections' and the DSHS Mental Health Division.
By mid-May 2002, DSHS plans to make.the GIS data available to the
six counties and their cities subject to preemption. Cities may wish to
coordinate their efforts through their county's GIS department to assure
consistency and seamless coverage. Data for the remaining counties and
cities wíll be limited at this time, but DSHS will continue to build the
system so that over time, information will be available statewide.
16. Who is responsible for the public's participation in the planning and
siting process?
The local jurisdiction is responsible for the public participation process
required for the revisions it makes to its comprehensive plan and
development regulations. State law requires DSHS to conduct a public
hearing process during the final site selection.
Where local government requires public notice and hearings associated with
permits, the DSHS public hearings requirement does not apply to the extent
they are duplicative of the local requirement. Local public hearing
requirements would apply only in non-preempted jurisdictions.
17. What is the amount that wilt be awarded in a planning grant? Does
accepting the grant make it more likely that OSHS will site a facility in
our jurisdiction?
DSHS is waiting until early May 2002 for responses from cities and counties
about their interest in applying for grants before determining the level of grant
awards. DSHS is considering various award options SUCtl as providing
Department of Social and Health Services
Special Commitment Center
April 2002
somewhat larger awards to counties than to cities that apply individually and
providing a small bonus for jurisdictions that apply jointly.
A local jurisdiction's acceptance of a planning grant will have no effect on
DSHS' siting decisions. DSHS will look for the best sites that meet statutory
requirements and program needs and that can be sited in a timely manner.
Because of the urgency to site facilities, DSHS will be tooking for sites in all
six counties. In deciding where to site facilities, the department will consider
many factors including which counties were responsible for the civil
commitment of the likely LRA candidates. However, there is no one
overriding factor that will drive siting decisions.
18. What does it mean to "make a commitment to initiate the process to site
a facility?" .
Jurisdictions accepting grants will be expected to fully comply with RCW
36.70A. 200. At a minimum, DSHS believes the law requires the following:
The local process and regulations must not preclude the siting of a SCTF.
The land use regulations must be consistent with, and no more restrictive
than, the requirements for siting and operating a SCTF set out in chapter
71.09 RCW.
The jurisdiction must consider the effect of "equitable distribution factors"
on the siting of a facility as addressed in RCW 71.09.250(8).
The zones, areas or sites that the jurisdiction identifies as appropriate for
siting secure community transition facilities must include potential sites
that meet the criteria in state law. A potential site means either buildable
land or a suitable existing facility that is avaitable for lease or purchase at
a reasonable or fair market rate.
The local jurisdiction's siting and permitting processes that would be
required when DSHS actually sites a facility must be designed to result in
a permitted site in a timely manner.
To meet these requirements, DSHS suggests that a jurisdiction needs to
complete sufficient analysis to determine whether or not the areas or zones
that it designates as appropriate for siting an SCTF will actually yield potential
sites that meet the criteria in chapter 71.09 RCW. This means analyzing risk
potential locations and equitable distribution factors. In considering the effect
of equitable distribution, DSHS suggests the jurisdiction decide whether
equitable distribution is more or less important than other public safety criteria
such as the proximity of the SCTF to risk potential locations. etc. The
process for siting a facility in a timely manner means being able to complete
construction or renovation of the facility so that the facility is available for
Department of Social and Health Services
Special Commitment Center
April 2002
occupancy when it is needed- A reasonable amount of time to complete the
local land use permitting process is 180 days from the date of application. It
is the department's expectation that other local jurisdiction permitting
processes and regulations (e.g., building permits) for SCTFs will be the same
as for similar type facilities. Again, DSHS expects that all local jurisdictions'
processes and regulations will enable the department to site a facility when it
is needed.
19. What does preemption actually mean? What procedures will DSHS
follow if siting a facility in a preempted jurisdiction?
Preemption means that all local and state land use plans, policies and
regulations do not apply to the siting of a facility. This includes state laws
such as State Environmental Protection Act (SEPA), the Shoreline
Management Act, and the Hydraulics Code. The law makes clear, however,
that DSHS must site a facility in an environmentally responšible manner that
is consistent with the substantive objectives of SEPA and consult with the
Department of Ecology to carry out the planning, construction, and operations
of the facility.
DSHS must make a threshold determination if the siting would have a
probable significant, adverse environmental impact. If so, DSHS must
prepare an environmental impact statement that meets the requirements of
SEPA and regulations promulgated by the Department of Ecology.
If DSHS sites in a preempted jurisdictions, the department will also contract
with consultant firms to review and advise on building and site preparation
requirements, the state fire marshal to review and advise on fire codes, etc.
20- How big a site do you need for a 3-bed facility or a 12-bed facility?
The required size of the site will vary by jurisdiction. Several factors must be
considered: Is the site serviced by a jurisdiction's water and sewer systems
or is a well and septic system required? If a well and septic system are
needed, what is the separation requirement? If a septic system is required,
what are the jurisdiction's drain field requirements and how well does the soil
drain on that particular site? What are the jurisdiction's requirements for
setbacks and parking?
DSHS estimates that a site for a 3-bed facility with a well and septic system
will require a minimum of 2 acres. A 12-bed facility with a well and a septic
system would require a minimum of 3 acres. If installation of a well and
septic system is not necessary, the site could be smaller but will still vary by
jurisdiction.
21. State law voids local requirements that are more restrictive than the
statutory minimum criteria. Can local jurisdictions still require that an
SCTF meet local design standards, landscaping, setback, light and
noise restrictions, etc.?
Department of Social and Health Services
Special Commitment Center
April 2002
Yes. In general, the normal physical standards for the jurisdiction and the
zoning district would apply. These might include design guidelines,
landscaping, setbacks, lighting, signage, percentage of site coverage,
location of access to a major arterial, etc. Any conditions affecting the
operation of the facility or imposing additional safety requirements would be
"more restrictive" than those in the state statute.
22. Who can local jurisdictions contact to get more information?
DSHS staff welcome the opportunity to meet with local elected officials and
staff, planning commission members, and others. All of the staff listed
below are knowledgeable about the siting of SCTFs, the SCC program, and
technical land use issues. If the staff person yoù contact is unable to answer
your questions, he or she will ask the appropriate person to fBspond.
PROGRAM ISSUES:
DSHS Special Commitment Center
Community Programs
PO Box 45322
Olympia, WA 98504-5322
Beverly Wilson, Associate Superintendent
360-902-8257
360-902-8497 (fax)
wilsobk2@dshs.wa.qov
Allen Ziegler, Community Programs Manager
360-902-8258
360-902-8497 (fax)
Zieqlwa@dshs.wa.qov
Kelly Cunningham, Community Programs
Manager
360-902- 7541
360-902-8497 (fax)
CunniKJ@dshs.wa.qov
lAND USE ISSUES:
DSHS Oiyision of lands and Buildings
PO Box 45848
Olympia, WA 98504-5848
Elaine Taylor, Land Use Administrator for SCTFs
Special Commitmenl Center/Lands and Buildings
360-902-8184
360-902-7889 (fax)
T A YLOEA@ds!lswaoov
Department of Social and Health Services
Special Commitment Center
April 2002
MEETING DATE:
June 18,2002
ITEM# ~A-)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Interlocal Agreement With Yakima County for Jail Services
CATEGORY:
BUDGET IMPACT:
0
0
~
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditnre Amt.:
Contingency Req'd:
$
$
$
- - ----"--"---------"-""--"------"-"------"---~----"------- -"-
-"-"-------"""-
- -----" "-"--------
ATTACHMENTS: June 3, 2002 Memorandum from City Attorney Bob C Sterbank; draft Interlocal Agreement Between Yaldma
County and the Cities.
- -------"-----"--"-"------" "-"-------""-------"---"---- "--"-"------"-" "--"--------" ""--""
- ----"--"-"""----~-""-"--""------""-"-----"-"-"-"-------""-"-"-"--"--""-------"---
SUMMARY !BACKGROUND: In May, 200 I, King County gave Federal Way and other cities notice of termination of the jail
contract. During the course of negotiations over a new jail contract with King County, the County proposed to cut back the cities' jail
capacity in the near term and to eventually cease providing cities misdemeanor jail services entirely. The cities then began proactively
exploring other options by which the cities could contract for misdemeanant jail services. During the course of these discussions, the
cities were approached by Yakima County about a long-term jail contract under which Yaldma County (rather than King County)
would be the primary provider of the cities' jail services. The cities then negotiated a comprehensive agreement with Yakima, on very
favorable financial terms, as sunnnarized in the attached June 3 Memorandum Yaldma will construct a new jail facility, and the cities
will commit collectively to provide a set number of inmates (440) through 2009. The cities have allocated responsibility for under-
and over-use of jail beds in a separate interlocal agreement among themselves.
"-"------" ""-"-"----"" ""------"-----"-""------"------- " ""------ "
- -----""-----""""------"-"-"------"--------"-"-----"----"-"""
CITY COUNCIL COMMITTEE RECOMMENDATION: On June 10,2002, the Parks, Recreation, Human Services and
Public Safety Committee reconnnended that the Interlocal Agreement be placed on the June 18, 2002 City Council agenda with a "do
pass" reconnnendation.
PROPOSED MOTION: "I move approval of, and authorize the City Manager to sign, the Interlocal Agreement with Yakima
County and the Cities
CITY MANAGER APPROVAL:
(BELOW TO BE C
COUNCIL ACTION:
0
0
0
0
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
5.D
CITY OF FEDERAL WAY
CITY COUNCIL PARKSfRECREATIONIHUMAN SERVICES!
PUBLIC SAFETY COMMITTEE
June 11,2002 Meeting
Date:
June 3, 2002
Bob C. Sterb~ty Attorney
David H. M~anager
Yakima County Jail Services Interlocal Agreements
From:
Via:
Subject:
Backe:round:
In an effort to contain spiraling jail costs, in 1999 the City of Federal Way began contracting with
jurisdictions other than King County for jail services. The City Council approved an interlocal
agreement with the City of Fife for misdemeanor defendants incarcerated prior to being
sentenced or those with short sentences. Post-sentence misdemeanants with longer sentences are
sent to Chelan, Okanogan, and Yakima County jails. Nevertheless, some Federal Way prisoners
are still being sent to King County jail, either because they are female (Fife jail aCcepts o'iùy male
prisoners), or because the prisoners have charges fi"om other jurisdictions on which they are
awaiting trial and transporting them over the mountains would create too many problems and
costs during their subsequent proceedings.
In May, 2001, King County gave Federal Way and other cities notice ofterminátionofth~jail
contract. During the course of negotiations over a new jail contract with King County, the
County proposed to cut back the cities' jail capacity in the near term and to eventually cease
providing cities misdemeanor jail services entirely. The cities then began proactively expIonng
other options by which the cities could collectively and efficiently contract for misdemeanant jail
services. During the course of these discussions, the cities were approached by Yakima County
about a long-term jail contract under which Yakima County (rather than King County) would be
the primary provider of the cities' jail services.
Yakima already contracts with several cities west of the Cascades (including Federal Way). Its
jail operation has been financially successful, so much so that Yakima County has already
designed and is ready to go to bid to build an additional wing to its facility to provide additional
jail capacity. This allows Yakima County to commit to provide a specific number of jáil beds to
each city out to a specific future date, and agree to make additional capacity available as it
occurs, as opposed to King County's approach, which is to reduce the city's use of the King
County jail even while jail costs per inmate are increasing.
In addition, Yakima's jail is a modem, state-of-the-art facility, and Yakima provides
comprehensiye in-custody alcohol and substance abuse treatment to offenders. This kind of
treatment is offered only minimally at the King County jail, even though such treatment is
commonly imposed as a condition of sentence, and such treatment is often difficult for offenders
to obtain outside of jail because of expense and long waiting periods- In fact, due to budgetary
í'\ I
considerations, King County is considering phasing out the limited treatment services it does
provide at its North End Rehabilitation Facility ("NERF")-
Yakima County has also agreed to proyide video links to the cities' municipal courts, as well as
daily transports to and from the Yakima jail to designated drop-off points at the cities, to address
the issues raised by prisoners with criminal charges from multiple jurisdictions. These features
have uniformly impressed a number of municipal court judges who haye toured the facility.
Finally, because labor costs are lower and better managed, Yakima County offered these jail
services at a lower cost then charged by King County ($56.00 per day vs. $77.00 per day plus a
booking fee of$148.00 at King County).
For these reasons, a joint contract among the cities and Yakima County was the most workable
option developed to address the long-term jail needs- The overall agreement is actually broken
into two separate interlocal agreements: (1) one among the cities collectively and Yakima
County ("the Yakima Agreement"); and (2) a second interloca1 agreement among only the cities
("the Cities' Agreement"), to address responsibility for unmet jail bed commitments made to
Yakima County or overuse of a city's estimated nse.
The final piece of Federal Way's jail services strategy is to enter into an. interlocal agreement
with the City of Renton (submitted separately), to provide transitional jail services for prisoners
being held prior to pick-up by YakÚna County, or after delivery by Yakima if the prisoner must
be returned to Federal Way Municipal Court for trial or other proceedings- This will allow
transportation to and from Yakima County to be more efficient, and also provide additional
short-term jail capacityaboye and beyond the capacity provided by the existing interloca1
agreement with the 'City of Fife.
The key components of the Yakima County interlocal agreement, and the interlocal agreement
among the cities, are highlighted below. The features of the proposed interloca1 agreement with
the City of Rentqn are summarized in a separate memorandum ftom Chief Anne Kirkpatrick.
Hie:hlie:hts of Inter local Ae:reements
A. Interlocal Agreement Between Yakima County and the Cities ("Yakima
Agreement") .
1. Term. The Agreement's initial effective date occurs when it has been executed by a
sufficient number of cities to represent 90% of the 440 minimum bed commitment. The cities
have estimated the projected number of inmates each will supply, as shown in Attachment A, and
these estimates will be used for purposes of determining the initial effective date. If the
Agreement is not signed by the requisite number of cities by September 1, 2002, it is null and
void as to any city that has executed it prior to that date.
Following the initial effective date, Yakima County will proceed to obtain permits and
build the new jail facility. The Agreement's Effective Date will then be the date the new facility
is completed and ready for occupancy, estimated by Yakima County to be July I, 2003.
The Agreement will expire on December 31,2009, unless terminated or renewed prior to
that date.
D-'L
2- Minimum Bed Commitment and Minimum Bed A vailabilitv. Yakima agrees to
provide, and the cities agree to pay for and maintain in the Yakima facility, a minimum of 150
city inmates until June 30, 2003 and 440 city inmates ITom July 1, 2003 until termination. If the
cities do not maintain the ADP at the specified number, the cities will be billed for the difference
between the actual ADP and the Minimum Bed Commitment, i.e., the cities will pay for the
Minimum Bed Commitment in any eyent. This is comparable to Federal Way's existing
agreement with the City of Fife for 10 beds.
If Yakima County has bed capacity above and beyond the 440 beds, Yakima will accept
additional city inmates if requested by the cities. If King County refused to accept additional city
inmates prior to July 1, 2003, Yakima County will use its best efforts to accept the city inmates
by contracting with Benton County, Okanogan County and/or Chelan County.
3. Compensation. The charge for jail service is $56.00 per day, with a 5% annual
escalator. There is no booking fee. This charge is inclusive, and encompasses includes all basic
and expanded medical care, dental care, and psychiatric and mental health treatment, and all
transportation costs for daily transportation of all city inmates available for transport. Under our
current contract with Yakima County Federal Way pays $48.00 per inmate per day, but this
charge includes only routine medical costs, and inmate transportation is. available only once per
week. By contrast, King County currently charges a booking fee of $148.00 and a daily fee of
$77.00 for 2002.
As part of its monthly billing, Yakima County will provide itemized statements of each
city inmate receiving care, the case/citation number, the number of days of care, and the
date/time booked into and released from the jail. Yakima County will pro-rate the daily fee of
any inmate with multiple charges from different cities, and will show on each individual city's
statement the number of bed days used by all other cities.
4. Indemnification / Hold Harmless and Insurance. Yakima and the Cities agree to
indemnity, defend and hold each other harmless for their OWD negligent acts or civil rights
violations. Each party must obtain and maintain insurance of $1 million per occurrence and $2
million in the annual aggregate. This amount is lower than Federal Way's typical requirements
of $2 million per occurrence and $5 million in the annual aggregate, but the interlocal agreement
specifically provides that evidence of insurance with this limit does not relieve Yakima County
for liability for losses and settlement expenses greater than the insurance minimums.
5. Termination. Any city and Yakima County may terminate the agreement, but only as
to that city, by mutual consent. Any party may terminate the Agreement for "cause," meaning
material violation of the terms of the Agreement, but again, this terminates the Agreement only
as between the party claiming breach and Yakima County. In both cases, the Minimum Bed
Commitment for the non-terminating cities is reduced by the ADP attributable to the terminating
city in the prior year.
6. Most Fayored Nation Clause. Yakima County has agreed that no other King, Pierce or
Snohomish County or city located within such county will receive more favored treatment under
a contract for inmate care with Yakima County.
\:)-3
B. Highlights of Interlocal Agreement Among the Cities ("Cities Agreement")
1. Term- The Cities' Agreement is effective when executed by all Cities, and would
remain in effect until December 31,2009 or the termination of the Yakima Agreement,
whichever occurs first. The Cities' Agreement is null and void if Yakima County is unable to
obtain permits for financing for its new jail by September, 2002.
2. Unused Beds. Only those cities that have Unused Bed Commitment for a given year
will be responsible for paying Yakima County for the underutilization. Those cities must pay a
proportionate share, calculated by multiplying the total amount owed to Yakima County for
unused beds by the the ratio of each city's EADP to the total EADP of all cities with unused beds
for that year-
3. Overuse of Beds. Prior to using jail beds in excess of5% ofa City's EADP, that City
must enter into an agreement with another city or cities to use jail beds included in the other
City's EADP. Any city that has an EADP ofless than 20 must automatically deal with other
cities if they want to exceed their EADP.
4. Indemnification I Insurance. Each city will indemnify, hold harmless and defend other
cities for actions arising out that city's negligence. Each city agrees to maintain insurance with
minimum limits of$l million per OCCUITence and $2 million in the annual aggregate. Tlùs is the
same as provided in the Yakima Agreement.
5. Termination. The Agreement may be terminated with 12 months' notice in writing to
each other city. If any City's agreement with Yakima County is terminated for cause due to that
city's breach, then the city will remain responsible to Yakima County for that city's EADP
through December 31, 2009 or the end of the then-existing term if the Yakima Agreement has
been extended.
Staff Recommendation: Staff recommends that the Parks Recreation!Human ServiceslPublic
Safety Council Committee approve the proposed Interlocal Agreement Between Yakima County
and the Cities, and the proposed Interlocal Agreement Among the Cities.
Committee Recommendation:
Approve the Interlocal Agreement Between Yakima County and the Cities, and forward to full
Council for consideration at the June 18,2002, Council meeting; and
Approve the Interlocal Agreement AInong the Cities, and forward to full Council for consideration at
the June 18, 2002, Council meeting.
K,IAGNDITEMlPRHSPSCOMMfITEElO6110ZYakímalnterlocal D-Y
Citxo! Town~~-
-
~c"~.
Auburn
~¡;¡uX Arts Village
'BelJeyue
Black Diamond
BothelJ
Burien
Carnation
Clyde Hill
Coyington
Des Moines
DuyalJ
Federal Way
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Medina
Mercer Island
Newcastle
Normandy Park
North Bend
Pacific
Redmond
Renton
Sammamish
SeaTac
Seattle
Shoreline
Skykomish
Snoqualmie
Tukwila
WoodinYilie
Yarrow Point
2002 EADP
0
48.5
0
25-30
0
5
8.2
0.3
0
0_2
0
0.3
29
2.2
0.9
9
3.3
0
0
0.1
0
02
0
0
0
27.4
0
4.1
27.4
0
0
18
0
0
2003 EADP I 2004 EADP
0
88_5
0
26-32
0
5
9.6
0_3
0
0.3
0
0-3
30
2.3
3
12.9
4.7
0
0
5.5
0
0.4
0
0
0
27.4
0
4.1
27.7
0
0
19.2
2.5
0
- -------
0
104.3
0
-- 28-34 c-
O
5
11
0.3
0.3
0.3
0
0.3
31
2.5
2_9
12.9
5_8
0
0
5.8
0.5
0_5
2.7
0
0
27.4
0
4.1
28_8
0
5
19_7
2.6
0
, !
EXHIBIT Á
TO INTERLOCAL AGREEMENT BETWEEN
THE CITIES CONTRACTING WITH YAKIMA
Ù-5
2005-2009 EADP
--
--.--.---
DRAFT
VII! ð 2---
INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON
AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS
VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BUR1EN,
CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL,
FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST
PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE,
NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON,
SAMMAMISH, SEATAC, SEATfLE, SHORELINE, SKYKOMlSH,
SNOQUALMIE, TUKWILA, WOODINVILLE AND TOWN OF YARROW
POINT, WASHINGTON, FOR THE HOUSING OF INMATES BY YAKIMA
COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this -
day of , 2002 by and between the Cities of Algona, Auburn, Town of Beaux Arts
Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des
Moines, Duvall, Federal Way, Issaquah, Kenrnore, Kirkland, Lake Forest Park, Maple Valley,
Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton,
Sarnmamish, SeaTac, Seattle, Shoreline, Skykomish,Snoqualmie, T~la, Woodinville and
Town of Yarrow Point, Washington ("Cities"), and Yakima County, Washington ("Yakima
County").
A. Yakima County and the Cities are each authorized by law to operate a jail.
B. The governing bodies of each of the parties have determined to enter into this
Agreement as authorized by the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City
and County Jails Act (Chapter 70.48 RCW, as amended).
C. The Cities wish to designate Yakima County's correctional facilities as a place of
confinement for the incarceration of one or more inmates lawfully committed to the Cities'
custody.
D. Yakima County and the Cities have detennined that long-tenn correctional services
conqacting is a responsible intergovernmental opportunity that resolves serious economic and
public safety hardships for all parties-
E. Yakima County intends to construct and professionally operate additional jail bed
capacity, in part to meet its obligations created by this Agreement
NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments
to be made, the mutual promises and covenants herein contained, and for other good and valuable
consideration, the parties agree as follows:
Agreement Between Yakima County/City of-
Page I
D -(¡,
1.
(d)
(e)
(f)
(g)
2.
DEFINITIONS
(a)
(b)
Average Daily Population ("ADP") means that number of City Inmates confined
in Yakima County correctional facilities for a year, divided by 365.
Care means custody, care and treatment including basic, emergency, esse~tial
and/or major medical and dental care, food, lodging and personal items, as further
described in Section 6 ofthis Agreement
City Inmate means a person confined by any City for the violation of state or
municipal law and delivered by any City's Police Department to the custody of
Yakima County.
Custody means the point in time any City Inmate is either (i) booked into any
Yakima County jail facilities or (ii) has been released by a City to the Care of
Yakima County, including without limitation, the point at which Yakima County .
or its agents have taken physical possession of such City Inmate for transportation
to any Yakima County jail facilities as described in Section 6(c), whichever
occurs first and continues until the City Inmate is released ftom Yakima County
jail facilities.
Daily fee means that fee charged for the daily Care of City Inmates.
Jail Day means the time period between 12:00:01 a.m. until 12:00 midnight¡
Minimum Bed Commitment means the bed commitment made by the Cities to
maintain an ADP in Yakima county jail facilities equal to 150 City Inmates ftoÍn
the effective date of this Agreement until June 30, 2003 and equal to 440 City
Inmates ftom July I, 2003 until the termination of this Agreement.
(c)
EFFECTIVE DATE
(a) Execution of Agreement. Yakima County expects to authorize the construction and
equipping of new correctional facilities to be located in Yakima County ("New Jail Facility").
The obligations of Yakima County and the Cities and the initial effective date of this Agreement
shall commence only when this Agreement has been executed by a sufficient number of Cities to
represent 90% of the 440 Minimum Bed Commitment. The Cities have estimated each City's
respective jail population as set forth on the signature page. These estimates'shall in no way
obligate each City individually to deliver these estimated populations, but are provided solely for
the purpose of setting an effective date to this Agreement and committing the Cities to
collectiyely provide ihe Minimum Bed Commitment. hI the event this Agreement is not fully
executed on or before September I, 2002 by a sufficient number of Cities as described above,
this Agreement shall be null and void and no party to this Agreement shall be subject to liability
of any kind arising out of this Agreement.
(b) Permits and Financing. Yakima County is exercising best efforts to obtain the
necessary permits and financing for the siting and construction of the New Jail Facility. The
obligations of Yakima County and the effective date of this Agreement are conditioned upon
Agreement Between Yakima County/City of-
Page 2
tJ--l
Yakima County obtaining the necessary building permits and the issuance of bonds for the
financing of the New Jail Facility no later than December 31, 2002. In the eyent that Yakima
County is unable for any reason to obtain such permits or issue such bonds on or before
December 31,2002, this Agreement shall be null and void and no party to this Agreement shall
be subject to liability of any kind arising out oftlús Agreement.
(c) Completion of New Jail Facility. Following the commencement of construction,
Yakima County agrees to exercise due diligence to complete the New Jail Facility, the occupancy
date, following the shakedown period, is currently estimated by Yakima County to be July I,
2003. Upon receipt of a full or temporary certificate of occupancy for the New Jail Facility, and
upon completion of the required "shakedown period," Yakima County agrees to accept City
Inmates pursuant to this Agreement.
(d) Effective Date. If Yakima County is successful in obtaining execution of this
Agreement as described in subsection (a), and in obtaining the necessary permits and financing as
described in subsection (b), then the date the New Jail Facility is completed and ready for
occupancy described in subsection (c) shall constitute the effective date ("EffectiveDate") of this
Agreement. .
3.
DURATION
, The term of this Agreement shall commence upon the Effective Date and shall end at
11:59 p.m. on December 31,2009, subject to earlier termination as provided by Section 4 oftlús
Agreement. This Agreement may þe renewed for any successive period by written addendum
. under terms and conditions acceptable to all of the parties.
4.
(b)
TERMINATION
(a)
Mutual Consent. This Agreement may be terminated by mutual consent between
Yakima County and any City; provided, however, that the ADP attributable to that
City in the prior calendar yearshaIl reduce thetotaI Minimum Bed Commitment;
and, provided further, however, that this AgreementshaIl remain in full force and
effect as between Yakima County and all remaining non-terminating Cities.
Forcàuse. This Agreement may be terminated by any party for cause. "Cause"
shall mean any material violation of the terms of this Agreement or any material
breach of a party's obligation under the terms of this Agreement; provided,
however, that such termination shall be effective. only as between a party
committing such breach and the party alleging such breach. If the termination for
cause is a result of Yakima County's actions, the Minimum Bed Commitment
shall be reduced by an amount equal to the ADP attributable to that City in the
prior calendar year.
Agreement Between Yakima CoWlty/City of-
Page 3
"D-~
(d)
5.
(c)
Notice of Termination- No termination shall be effectiye until written notice of
intent to terminate this Agreement stating with reasonable specificity the basis for
the termination and identifying the sections of the Agreement that have been
violated is mailed by certified mail, return receipt requested, to all the parties to
this Agreement ("Notice of Termination"). The termination shall not be effective
for one (I) year following mailing of the Notice of Termination. The termination
of this Agreement between Yakima County and a City, whether by mutual consent
or for cause, shall not affect the rights or obligations of Yakima County or any
remaining City under this Agreement except for reducing the Minimwn Bed
Commitment pursuant to subsection (a)-
Compensation for Services Rendered. In the event of termination of this
Agreement, the departing City shall compensate Yakima County at the rate set
forth in Section 7 up to the effective date of the tennination of this Agreement as
between Yakima County and the departing City. -"
MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall
be sent to the following:
Yakima County:
Contact Person:
City of
ContaCt Person:
6.
Yakima County Dept. of Corrections and Security
128 N. Second Street
Yakima, WA98901
Kenneth A. Ray, Director
City of
Police Department
, WA 98
AGREEMENT TO TRANSPORT AND HOUSE CITY INMATES
(a) Care ofCitv Inmates. Yakima County shall maintain its correctional facilities,
including the New Jail Facility, to Care for and house City Inmates and such other prisoners
allowed by law. Yakima County shall manage, maintain and operate its jails in compliance with
all applicable federal, state and local laws and regulations. Yakima County shall confine City
InIDates; proyide all necessary basic, emergency and/or major medical, psychiatric, dental and
hospital services and supplies; provide for the City Inmates'physical and subsistence needs;
provide programs and/or treatment consistent with the City Inmates' individual needs; provide
for reasonable and satisfactory video and on-site visitation for attorneys, spouses, family and
Agreement Between Yakirna County/City of -
Page 4
~-'1
friends of City Inmates; adequately supervise City Inmates; maintain proper discipline and
control; and make certain that City Inmates receive no special privileges and that the sentence
and orders of the committing court are faithfully executed- Nothing contained in this section
shall be construed to require Yakima County, or any of its agents, to proyide treatment, facilities
or programs for any City Inmates which it does not provide for its own comparable inmates;
provided, howeyer, that Yakima County shall continuously provide inmate interpretative services
which meet or exceed those interpretive services available at the King County Jail; and provided
further, however, that Yakima County shall not eliminate, modifY or reduce any mental health,
treatment, therapy or rehabilitation facilities or programs available to Yakima County Jail
inmates as of the date of the execution of this Agreement without the prior agreement of the
Cities- Yakima County shall have the discretion to assign City Inmates to its various correctional
facilities, including the New Jail Facility, as deemed appropriate according to its standard
operating procedures and policies. Except as proyided in Section 12, it is expressly understood
that Yakima County shall not be authorized to transfer custody of any City Inmate confined
pursuant to this Agreement to any party other than the applicable City, or to release any City
Inmate fÌ'Om custody without written anthorization trom the committing court- Yakima County
shall provide or arrange for such medical, psychiatric and dental services at the expense of
Yakima County in consideration for the daily fee. Whenever Yakima County identifies a City
Inmate's need for special medical care that cannot be provided by the correctional facility
medical staff, Yakima County shall obtain medical services commensurate with those provided
to other inmates of Yakima County. Upon request by the City, Yakima County shall provide the
City with verbal or written information pertaining to any medical, psychiatric or dental services
provided to City Inmates.
(b) Minimum Bed Guarantee. From and after the Effective Date of the Agreement
and continuing until June 30, 2003, Yakima County guarantees a minimum of 150 daily jail beds
for City Inmates. Commencing July 1, 2003 and continuing until this Agreement is terminated,
Yakima County guarantees a minimum of 440 daily jail beds for City Inmates. If King County,
Washington refuses to accept City Inmates prior to July 1, 2003, Yakirita County will use best
efforts to accept additional City Inmates by contracting with Benton County, Okanogan CoUnty
and/or Chelan County, Washington for additional jail capacity for City Inmates. If Yakima
County has jail bed capácity in excess of this minimum guarantee, Yakima County will accept
additional City Inmates if requested by the CitieS- Prior to constructing new jail capacity beyond
the Jail Facility, Yakima will contact the Cities and offer to reduce the Minimum Bed
Commitment If any City voluntarily agrees to such a reduction, the Minimum Bed Commitment
shall be reduced by the amount of beds the City agrees to return to Yakima for its use.
(c) Transports. Yakima County agrees to transport all City Inmates to and trom the
Yakima County Dep3rtment of Corrections and Security. Yakima County agrees to pick up City
Inmates at the Renton City Jail, 1055 S. Grady Way, Renton, W A, the King County Correctional
Facility, 500 5th Ayenue, Seattle, WA, the Issaquah Jail, 130 E Sunset Way, Issaquah, WA, the
Fife Jail, 3737 Pacific Highway East, Fife, WA, the Auburn Jail, 25 W- Main Street, Auburn,
W A and the Regional Justice Center, 401 4th Ayenue N., Kent, W A, and/or such other locations
in King County as designated by the Cities- The cost of Care of City Inmates as set forth in
Agreement Between Yakima County/City of-
Page 5
D- O
Section 7 shall cover a minimum of one (I) roundtrip transport every day, seven days a week and
Yakima County commits to transport as many City Inmates as are ayailable for such transport. If
any City requests additional transports, the cost shall be agreed upon between Yakima County
and the requesting City.
7.
COMPENSATION
(a) Daily Fee. In consideration of Yakima County's commitment to provide Care for
City Inmates, the Cities agree to pay Yakima County a daily fee for the housing and Care of each
City Inmate, including all medical, psychiatric and dental costs. Yakima County shall not charge
a booking fee or any other fees in connection with the Care of City Inmates. The following daily
fee includes a $10 medical/dental fee per bed per day and increases at a rate of5% per annum:
DAILY FEE PER CITY INMATE
YEAR (bed maintenance +
medicaVdentaJ fee)
2002 $ 56.00
2003 $ 58.80
2004 $ 61.74
2005 $ 64.83
2006 $ 68_07
2007 $ 71.47
2008 $ 75.05
2009 $ 78.80
.>.
(b) Minimum Bed Connnitment Fee. The Cities agree to maintain the Minimum Bed
Commitment, adjusted for any reductionS due to termination by mutual consent set forth in .
Section 4(a), after the effective date of this Agreement and until tlÌe termination of this
Agreement. The ADP of City Inmates shall be reconciled on an annual basis. During the 'first
quarter of each year, Yakima County shall calculate the ADP of all City Inmates during the prior
calendar year. In the event this annual ADP falls below the Minimum Bed Connnitment, then
the Cities shall be charged for the difference between the actual ADP and the Minimum Bed
Commitment. The Cities shall be billed for this amount consistent with Section 7(c).
(c) Billing and Payment. Yakima County shall provide each of the Cities with
individual monthly statements itemizing the names of each City Inmate who is receiving Care
from Yakima County, the case or citation number, and the. number of days of Care, including the
date and time booked into the Yakima County jail facilities and the date and time released fi:om
the Yakima County jail facilities. Yakima County shall pro-rate the Daily Fee of any City Inmate
that has multiple charges among the Cities by dividing the Daily Fee pro-rata among those Cities
with such multiple charges- Each Cities' individual monthly statement shall also include a
statement showing the number of bed days used by all other Cities- Yakima County agrees to
Agreement Between Yakima County/Cityof-
Page 6
b-I\
proyide said statement for each month on or about the 10th day of the following month- Payment
shall be due to Yakima County within sixty (60) days ¡¡-om the date the statement is received.
Payments not received by the 60th day shall bear interest at the rate of I % per month until
payment is receiyed- Any billing for failure to meet the Minimum Bed Commitment shall be
delivered to each of the Cities during the first quarter of each year and shall include a
reconciliation of all the Cities usage and each Cities ADP during the prior calendar year. By
separate contract, the Cities haye agreed on the division of tills bill among the Cities.
8.
RIGHT OF INSPECTION
The Cities shall have the right to inspect, at all reasonable times, all Yakima County jail
facilities in wlúch City Inmates are confIned in order to determine if such jail facilities maintain
standards of confinement acceptable to the Cities and that such inmates therein are treated on a
nondiscriminatory basis in accordance with all applicable federal, state and local requirements.
9.
INMATE ACCOUNTS
Yakima County shall establish and maintain an account for each City Inmate and shall
credit to such account any additional personal funds received on account of such City Inmate
("Inmate Funds") and shall make disbursements for the City Inmate's personal needs, debiting
such account in accurate amounts. Yakima County shall maintain a satisfactory procedure to
accept and deposit additional funds from family members and fiiends into individual City Inmate
accounts. Such procedure shall include the acceptance of caslúer's and government checks and
cash by Yakima County-on behalf of City Inmates. Disbursements shall be made in limited
amounts as are reasonably necessary for personal maintenance. Yakima County shall be
accountable to the City for such Inmate Funds. At the earlier of the termination of this
Agreement, the City Inmate's death, release from incarceration or return to either the City or
indefinite release to the court, the Inmate's Funds shall be transferred to the City. Upon request
of the City, the Yakima County Department of Corrections and Security will transfer all or any
portion of Inmate Funds that may be reimbursed to a City Inmate to the City in the form of a
check in the name of the City Inmate eligible for said reimbursement
10.
DISCIPLINE
Yakima County shall have physical control over and power to execute disciplinary
authority oyer all City Inmates- However, nothing contained herein shall be construed to
authorize the imposition of a type of discipline prolúbited by state or federal law or the
imposition of a type of discipline that would not be imposed on a comparable Yakima County
inmate.
Agreement Between Yakima County/City of -
Page 7
~-\L
ll.
RECORDS AND REPORTS
(a) Before or at the time of delivery of each City Inmate, the City shall forward to
Yakima County a copy of all records of the City Inmate pertaining to hislher present
incarceration at the Renton City Jail, the King County Correctional Facility and/or the Regional
Justice Center. If additional information is requested by Yakima County regarding a particular
City Inmate, the parties shall mutually cooperate to provide any additional information.
(b) Yakima County shall keep all necessary and pertinent records concerning City
Inmates in the manner mutually agreed upon by the parties hereto. During confinement in the
Yakima County jail, the City Inmate shall, upon request, be entitled to receive and be furnished
with copies of any report or record associated with said City Inmate's incarceration.
12.
REMOVAL FROM THE YAKIMA COUNTY JAR.
Except for City Inmates eligible for correctional work details and under the direct
supervision of a correction officer, a City Inmate shall not be removed ITom the Yakima County
jail by any person without written authorization ITom the City or by order of any court having
jurisdiction. Yakima County agrees that no early releases or alternatives to incarceration,
including furloughs, passes, home detention, or work release shall be granted to any City Inmate
housed pursuant to this Agreement without written authorization by the committing court. This
section shall not apply to an emergency necessitating the immediate removal of the City Inmate
for medical, dental, psychiatric treatment Or other catastrophic condition presenting an irnmìnent
danger to the safety of the City Inmate or to other inmates or personnel of Yakima County; In the
event of any such emergency removal, Yakima County shall infOllIl the City of the whereabouts
of the City Inmate at the earliest practicable time and shall exercise all reasonable care for the
safe keeping and custody of such City Inmate.
13.
ESCAPES
In the event any City Inmate shall escape ITom Yakima County's custody, Yakima County
will use all ,reasonable means to recapture the City Inmate. The escape shall be reported
promptly to the City. Yakima County shall have the primary responsibility for and authority to
direct the pursuit and retaking of the City Inmate or any other inmates within,its own territory.
Any cost in connection therewith shall be chargeable to and borne by Yakima.<Jounty; however,
Yakima County shall not be required to expend unreasonable amounts to pursue and return
inmates ITom other states or other countries.
14.
DEATH OF A CITY INMATE
(a) In the event of the death of a City Inmate, the Yakima County Coroner shall be
notified promptly. The City shall receive copies of any records made at or in connection with
such notification. Yakima County will investigate any death within its facility and will allow the
City to join in the investigation. The City shall have the right to obtain copies of any police
investigation report pertaining to the death of a City Inmate in the Yakima County jail facility.
Agreement Between Yakima County/City of -
Page 8
1:)-13
(b) Yakima County shall promptly notifY the City of the death of a City inmate,
furnish information as requested by a City and, subject to the authority of the Yakima County
Coroner, follow the instructions of the City with regard to the disposition of the body. The City
shall provide written instructions regarding the disposition of the body within three business days
of receipt by the City of notice of such death. The City shall pay all expenses necessary for the
preparation and shipment of the body- With the City's consent, Yakima County may arrange for
burial and all matters related or incidental thereto and the City shall pay all such expenses. The
provisions of this section shall govern only the relations between or among the partieS hereto and
shall not affect the liability of any other person for the disposition of the deceased or for any
expenses connected therewitiL
(c) The City shall receiye a certified copy of the death certificate for any City Inmate
who has died while in Yakima County custody.
15.
RETAKING OF INMATES
In event the confinement of any City Inmate is terminated for any reason by either party,
retaking of City Inmates shall be coordinated in the same manner and at the same rates as if this
Agreement had not been terminated, or in a manner.as agreed in writing by the parties.
16.
HOLD HARMLESS AND INDEMNIFICATION
(a) The City shall defend, indemnify and hold harmless Yakima County, its officers,
agents and employees, from and against any and -all claims, costs, judgments .or damages,
including attorney's fees, arising out of or resulting from the negligent acts or omissions, tortious
actions, or civil rights violations under State or Federal law of the City, its officers, agents and
employees in connection with the confinement of any City Inmate by Yakima County.
(b) Yakima County shall deferid, indemnifY and hold harmless the City, its officers,
agents and employees, from and against any and all claims, costs, judgments or damages,
including attorney's fees and costs, arising out of the negligent acts or omissions, tortious
actions, or civil rights violations under State or Federal law of Yakima County, its officers,
agents and employees in counectionwith the Care; Custody or confinement of any-City Inmate
by Yakima County. As part of its obligations, Yakima County shall defend, indemnifY and hold
harmless the City, its officers, agents and employees, from and against any and all claims of any
kind whatsoever related to the transportation of City Inmates in the Custody of Yakima County.
(c) Yakima County and the Cities hereby waive, as to each other only, their immunity
from suit under industrial insurance, Title 5 I RCW. This waiver of immunity was mutually
negotiated by the parties hereto.
(d) The proyisions of this Section 16 shall survive any termination or expiration of
this Agreement.
Agreement Between Yakima County/City of-
Page 9
b- ~
17.
INSURANCE
(a) Each party agrees to provide the other with evidence of insurance coverage, in the
form of a certificate of insurance ITom a solvent insurance provider and/or a letter confirming
coyerage ITom a solyent insurance pool, which is sufficient to address the insurance and
indemnification obligations set forth in this Agreement;
(b) Each party shall obtain and maintain throughout the term of this Agreement
coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence
and two million dollars ($2,000,000) in the aggregate for its liability exposures, including
comprehensive general liability, errors and omissions, auto liability and police
professional liability. The insurance policy shall provide coverage "on an occurrence
basis. r-¡'
":>;.
(c) The coverage evidenced in Section 17(b) may not be sufficient to cover all
liability losses and related claim settlement expenses. Evidence of these limits of
coyerage does not relieve Yakima County from liability for losses and settlement
expenses greater than these limits. '
18.
RIGHT TO REFUSE INMATES
(a) Yakima County shall have the righUo refuse to accept any City Inmate beyond the
Minimum Bed Commitment when, in the opinion of Yakima County, the Yakima County jails'
irunate population is at or so near capacity that there is a substantial risk that the operational
capacity limits of the jail facilities might be reached. '
(b) Except as provided for in subsection (a), and notwithstanding any classification
criteria or other policies or procedures in existence or hereinafter adopted by Yakima County
seemingly to the contrary, Yakima County shall have the right to refuse to accept a City Inmate,
or to return a City Inmate to a City, only if, in the reasonable judgment of Yakima County, such
City Inmate has" a current illness or injury which may adversely affect the operations of the
Yakima County jail, presents a substantial risk of escape, or presents a substantial risk of injury
to other persons or property. If a City Inmate is being returned to the City pursuant to this
subsection (b), the cost of transport shall be paid by the City unless the transport can be made by
Yakima County within the terms set forth in Section 6(c) of this Agreement.
19. INDEPENDENT CONTRACTOR
In providing services under this Agreement, Yakima County is an independent contractor
and neither it nor its officers, agents or employees are employees of the Cities or any City for any
purpose, including responsibility for any federal or state tax, industrial insurance or Social
Security liability. Neither shall the provision of services under this Agreement give rise to any
claim of career service or civil service rights, which may accrue, to an employee of the Cities or
Agreement Between Yalcima CoW1ty/City of-
Page 10
D-IS
any City under any applicable law, rule or regulation. Nothing in this Agreement is intended to
create an interest in or give a benefit to third persons not signing as a party to this Agreement.
20.
GENERAL PROVISIONS
This Agreement contains all of the agreements of the parties with respect to any matter
covered or mentioned in this Agreement. No provision of this Agreement may be amended or .
modified except by written agreement signed by all of the parties- This Agreement shall be
binding upon and inure to the benefit of the parties' successors in interest and assigns; provided,
however, that Yakima County shall not delegate its duties pertaining to City Inmate Care without
the written consent of the applicable City, which consent shall not be withheld unreasonably.
Any provision that is declared inyalid or illegal shall in no way affect or invalidate any other
provision. In the event either party defaults on the performance of any terms of this Agreement
or either party places the enforcement of this Agreement in the hands of an attorney, or files a
lawsuit, the prevailing party shall be entitled to an award of all its attorney fees, costs and
expenses. Failure of any party to declare any breach or default immediately upon the occurrence
thereof, or delay in taking any action in connection with, shall not waive such breach or default.
Time is of the essence of this Agreement and each and all of its provisions in which performance
is a factor- Yakima represents and assures the Cities that no other King, Pierce or Snohomish
County or city located within such county will receive more favored treatment under a contract
with Yakima covering the Care of any inmates. The laws of the state of Washington shall govern
this Agreement. Any action, suit, or judicial or administrative proceeding for the enforcement of
this Agreement shall be brought and tried in the Superior Court for the State of Washington in
Thurston County- This Agreement may be executed in any number of counterparts. Upon
Effective Date, this Agreement modifies, supersedes and replaces any and all contractual
provisions, promises, or covenants contained in any previous agreement between any City and
Yakima County.
I
I
I
Agreement Between Yakima County/City of ~
Page 11
~-It,
IN WITNESS WHEREOF, the aboye and foregoing Agreement has been executed in duplicate
by the parties hereto and made effectiye on the day and year first aboye written:
BOARD OF YAKIMA COUNTY ATTEST:
COMMISSIONERS
By. Carla Rodriquez, Clerk of the Board of
James M. Lewis, Chairman Yakima County Commissioners
By. Approyed as to Form:
Jesse S. Palacious, Commissioner
By. Ronald S. Zirkle
Ronald F. Gamache, Commissioner Chief Deputy Prosecuting Attorney
For Yakima County
CITY OF ALGONA, W A Approved as to Form:
By.
Glenn Wilson, Mayor George Kelley, AIgona City Attorney
Estimated ADP:
.
CITY OF AUBURN, W A Approved as toForm:
By.
Peter B. Lewis, Mayor Daniel B. Reid, Auburn City Attorney
Estimated ADP:
TOWN OF BEAUX ARTS VILLAGE, W A Approved as to Form:
By:
. Charles R. Lowry, Mayor Wayne Stewart, Town Attorney
Estimated ADP:
CITY OF BELLEVUE, W A Approved as to Form:
By. -"
Steye Sarkozy, City Manager Richard L. Andrews, Bellevue City Attorney
Estimated ADP:
Agreement BetWeen Yakima County/City of-
Page 12
T:)-11
CITY OF BLACK DIAMOND, W A Approved as to Fonn:
By:
Howard Botts, Mayor Loren D. Combs, City Attorney
Estimated ADP:
CITY OF BOTHELL, W A Approved as to Fonn:
By:
Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney
Estimated ADP:
CITYOFBURIEN, WA Approved as to Fonn:
By:
GaryP- Long, City Manager Lisa Marshall, Burien City Attorney
Estimated ADP:
CITY OF CARNATION, W A Approved as to Fonn:
By:
Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Attorney
Estimated ADP:
CITY OF CLYDE HILL, W A Approved as to Fonn:
By:
George S. Martin, Mayor Clyde Hill City Attorney
Estimated ADP:
CITY OF COVINGTON, W A Approved as to Fonn:
By:
Andrew D. Dempsey, City Manager Duncan C. Wilson, Covington City Attorney
Estimated ADP:
CITY OF DES MOINES, W A Approved as to Fonn:
By. ..
Tony Piasecki, City Manager Des Moines City Attorney
Estimated ADP:
Agreement Between Yakima County/City of-
Page I3
b-I~
CITY OF DUVALL, W A Approved as to Form;
By:
Becky Nixon, Mayor Bruce Disend, Duvall City Attorney
Estimated ADP:
CITY OF FEDERAL WAY, WA Approved as to Form;
By; By;
David H. Moseley, City Manager Bob C. Sterbank, Federal Way
Estimated ADP: City Attorney
CITY OF ISSAQUAH, W A Approved as to Form;
By: By:
A va Frisinger, Mayor Wayne D. Tanaka, Issaquah
Estimated ADP; City Attorney
CITY OF KENMORE, W A Approved as to Form;
By;
Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney
Estimated ADP:
-'-
CITY OF KIRKLAND, W A Approved as to Form:
By:
David H. Ramsay, City Manager Gail Gorud, Kirkland City Attorney
Estimated ADP: .
CITY OF LAKE FOREST PARK, W A Approved as to Form: .,
By:
David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park
Estimated ADP; City Attorney
CITY OF MAPLE VALLEY, W A Approved as to Form;
By:.
John F. Starbard, City Manager Lisa Marshall, Maple Valley City Attorney
Estimated ADP; .
Agreement Between Yakiina County/City of -
Page 14
~-11
CITY OF MEDINA Approyed as to Form:
By:
Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney
Estimated ADP: .
CITY OF MERCER ISLAND, W A ApproYed as to Form:
By:
Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney
Estimated ADP:
CITY OF NEWCASTLE, W A Approved as to Form:
Andrew J. Takata, City Manager Dawn Findlay, Newcastle City Attorney
Estimated ADP:
CITY OF NORMANDY PARK, W A Approved as to Form:
By:
Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park
Estimated ADP: City Attorney
CITY OF NORTH BEND, WA Approved as to Form:
By:
Joan Simpson, Mayor Michael R Kenyon, North Bend City Attorney
Estimated ADP:
CITY OF PACIFIC, W A Approved as to Form:
By:
Howard Erickson, Mayor Bruce Disend, Pacific City Attorney
Estimated ADP:
CITY OF REDMOND, W A Approved as to Form:
By:
Rosemarie Ives, Mayor James E. Haney, Redmond City Attorney
Estimated ADP:
Agreement Between Yakima County/City of-
Page 15
~~2D
CITY OF RENTON, WA Approyed as to Form:
By:
Jesse Tanner, Mayor Lawrence J- Warren, Renton City Attorney
Estimated ADP:
CITY OF SAMMAMISH, W A Approved as to Form:
By
Ben Yazici, City Manager Bruce Disend, Sammamish City Attorney
Estimated ADP:
'CITYOFSEATAC, WA ApproYed as to Form: ".".
By:
Jay Holman, Acting City Manager Robert L. McAdams, SeaTac City Attorney
&timated ADP:
CITY OF SEATTLE, WA Approved as to Form:
By:
Gregory J. Nickels, Mayor Thomas A. Carr, Seattle City At!orney
Estimated ADP:
"
CITY OF SHORELINE, W A Approved as to Form:
By:
Steven Burkett, City Manager Ian Sievers, Shoreline City Attorney
Estimated ADP:
CITY OF SKYKOMISH, W A Approved as to Form:
By:
Skip Mackner, Mayor Jeffi-ey Ganson, Skykomish City Attorney
Estimated ADP:
"
CITYOFSNOQUALMIE, WA Approved as to Form:
By:
Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney
Estimated ADP:
Agreement Between Yakima County/City of-
Page 16
b-21
CITY OF TUKWILA, W A Approyed as to Form:
By:
Steve Mullet, Mayor Robert F- Noe, City Attorney
Estimated ADP:
CITY OF WOODINVILLE, W A Approved as to Form:
By:
Pete Rose, City Manager Wayne D. Tanaka, Woodinville City Attorney
Estimated ADP:
TOWN OF YARROW POINT, WA Approved as to Form:
By:
Jeanne R. Beny, Mayor Wayne Stewart, Yarrow Point ToWD Attorney
Estimated ADP:
STATE OF WASHINGTON)
)8S.
COUNTY OF )
On this day personally appeared before me, the undersigned, a Notary Public in and for
the State of Washington,. duly commissioned and sworn, , to
me known to be the City Manager/Mayor of the CityfToWD of , a
Washington municipal corporation, the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument.
Given under my hand and official seal this - day of
,2002.
(notary signature)
(typed/printed name of notary)
L:\TAIL\5-17-O2 Clean L-trm Yakima Contractdoc
Agreement Between Yakima County/City of-
Page 17
Notary Public in and for the State of Washington
My commission expires:
1:)-27-..
MEETING DATE:
June 18, 2002
ITEM#
mE (~j
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Interlocal Agreement With Cities for Yakima County Jail Services
CATEGORY:
BUDGET IMPACT:
0
0
~
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
--------.---------.--.------.--------..--.----.---.-..----.-----------------.---------------.-----.-.-
'------------'--------
ATTACHMENTS: draft Interlocal Agreement Among King County Cities.
-----------------------.------------..-.-----..--------------------------.--------------.--.---.--.--. .-.----.--------------..-----. -----------.----.-----
SUMMARYIBACKGROUND: In the new Interlocal Agreement with Yakima County, the contracting cities conunit to pay for a
specific number of prison beds for the year 2003 (ISO) and a separate number (440) from 2003 to the end of the contract in 2009. The
Yakima Agreement conunits the Cities collectively to pay for all such beds, whether or not the cities use them each day. The cities
have agreed among themselves as to their respective responsibilities for any unused beds, and to a procedure by which cities can
individually use more beds than they estimate at the outset of the contract. This arrangement is summarized in the June 3, 2002
memorandum from Bob C. Sterbank contained in the agenda packet item for the Yakima Agreement. The details are set forth in the
draft Interlocal attached to this agenda bill.
.-----.----.--------.-----.-.
- . --.--------. ---.------------------.----------.-----.--- ..-
-.-------.-----.-----..------....--
CITY COUNCIL COMMITTEE RECOMMENDATION: On June 10,2002, the Parks, Recreation, Human Services and
Public Safety Conunittee recommended that the Interlocal Agreement be placed on the June 18,2002 City Council agenda with a "do
pass" recommendation.
.----.----------------.---
,..--.-------.-----------------------.-----...-.---....----.--.-..-.---.--.-.- .-.n._'--'_"-----'--------------
PROPOSED MOTION: "I move approval of, and authorize the City Manager to sign, the Interlocal Agreement with the Cities
~~~~---::~~~~-~;P~~~::~----------------
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
- --.-.--.-------..---------
COUNCIL ACTION:
0
0
0
0
APPROVED
DENIED
TABLED/DEFERREDINO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:lagnditemlCitiesJaillnterlocal
DRAFT
fp(l(fóv
INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ALGONA, AUBURN,
TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND,
BOTHELL, BURlEN, CARNATION, CLYDE HILL, COVINGTON, DES
MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND,
LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND,
NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND,
RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH,
SNOQUALMIE, TUKWILA, WOODINVILLE AND TOWN OF YARROW
POINT, WASHINGTON (CITIES) TO ESTABLISH THE TERMS THAT WILL
GOVERN THE RIGHTS, DUTIES, AND RESPONSffiILTIES OF THE CITIES IN
THEIR DEALINGS WITII EACH OTHER RELATING TO THE INTERLOCAL
AGREEMENT BETWEEN YAKIMA COUNTY AND THE CITIES FOR THE
HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF
CORRECTIONS, WASHINGTON
This Interiocal Agreement ("Agreement") is made and entered into between ALGONA,
AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK
DIAMOND, BOTHELL, BURlEN, CARNATION, CLYDE HILL, COVINGTON,
DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE,
KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER
ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC,
REDMOND, RENTON, SAMMAMISH, SEATAC, SEATfLE, SHORELINE,
SKYKOMISH, SNOQUALMIE, TUKWlLA, WOODINVILLE AND TOWN OF
YARROW POINT, WASHINGTON ("Cities.")
A. The Cities enter into this Agreement pursuant to and as authorized by the
Interiocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act
(Chapter 70.48 RCW, as amended).
B. The Cities have entered into an Interlocal Agreement ("Long Term Jail Contract")
with Yakima County ("Yakima County") for the purpose of temporarily housing inmates
ftom The Cities in Yakima county's Department of Corrections jail facilities. Said Long
Term Jail Contract has been signed contemporaneously herewith. .
C. The Long Term Jail Contract commits Yakima County to provide the Cities,
collectively, with a Minimum Bed Commitment and the Cities desire to establish an
agreement as between themselves regarding the use by the Cities of the Minimum Bed
Commitment, including how the Cities will allocate those jail beds as between
themselves.
D. The Long Term Jail Contract sets out the charges that will be made by Yakima
County to the Cities, and the Cities desire to establish an agreement as between
themselves regarding the duties and responsibilities of each City with respect to such
charges, including providing for the right of the Cities collectively to cure any failure to
discharge such duties and responsibilities by an individual City-
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page I of 11
~-2-2J
E. The Long Term Jail Contract contains provisions regarding termination of the
application of the Long Term Jail Contract as it relates to any City and the Cities desire to
establish an agreement as between themselves regarding those circumstances under
which the consent of the Cities to such termination may be granted.
F. Yakima County is making best efforts to obtain the necessary permits and
financing for a new jail facility necessary to meet the Minimum Bed Commitment, and
the Cities understand that the corrections facilities used by Yakima to meet the Minimum
Bed Commitment may be an existing jail facility or the new jail facility as anticipated by
the Long Term Jail Contract.
NOW, THEREFORE, in consideration of the above recitals, the payments to be made,
the mutual promises and covenants herein contained, and for other good æíiI valuable
consideration, the parties agree as follows: .
1. TERM: This Agreement shall be effective when executed by all Cities
AND the Long Term Jail Contract is in effect, as defined therein.
The term of this Agreement shall end at 11:59:59 p.m. December 31, 2009, OR upon the
termination of the Long Term Jail Contract, whichever occurs first. This Agreement may
be renewed for any successive periods, by written addendum, under terms and conditions
acceptable to all of the parties. No City that is a party to this Agreement at its inception
will be required to be a party to any renewal of this Agreement.
2.
DEFINITIONS:
Average Daily Population: That number of City Inmates confined in Yakima County
jail facilities for a year, divided by 365
Cities means AIgona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond,
Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Federal Way,
Issaquah, Kenmore, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island,
Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sanllìiarnish,
SeaTac, Seattle, Shoreline, Skykomish, Snoqua1mie, Tukwila, Woodinville, and Yarrow
Point, Washington.
City means a Washington City or town that is a party to this Agreement.
. City Inmates means offenders confined by any City for the violation of state or
municipal law and delivered by any City's Police Department to the custodyofY akima
County, or its designee for purposes of transport. .
Custody means the time any City Inmate is either (i) booked into any Yakima County
jail facilities or (ii) has been released by a City to the care of Yakima County, including
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page 2 of 11
~- 2L\
without limitation, the point at which Yakima County or its agents have taken physical
possession of such City Inmate for transportation to any Yakima County jail facilities,
whicheyer occurs first.
Estimated Ayerage Daily Population ("EADP") means that number of City Inmates
that each City estimates it will confine in Yakima County jail facilities in a year, divided
by365.
Jail Day means the time period between 12:00:01 a.m. until 12:00 midnigbt.
Jail Facility includes existin~ or newly constructed jail facilities of Yakima County.
Minimum Bed Commitment means the bed commitment made by the Cities
collectively to maintain an average daily population ("ADP") in Yakima County jail
facilities equal to 150 City Inmates fiom the effective date of this Agreement until June
20,2003 and equal to 440 City Inmates ftom July 1,2003 until the termination of this
Agreement
Offender means any person who has been ordered committed by a court, including pre-
trial detainees.
Overused Bed Commitment means the difference between a City's EADP and the
actual number of City Inmates sent to Yakima County by that City, where the actual
number is more than that City's EADP.
Unused Bed Commitment means the difference .betweena City's EADP and the actual
number of City Inmates sent to Yakima County by that City, where the actual number is
less than that City's EADP.
3.
TERMINATION:
Any City may terminate its participation in this Agreement as provided for herein. Such
termination shall not be effective for twelve (12) months following written notice of
Intent to Terminate to each other contracting City. .
In the event any City's participation in the Long Term Jail Contract is terminated for
cause, as defined therein, such City shall remain responsible to Yakima County for that
City's EADP througb December 31, 2009, or the end of the then existing term if the Long
Term Jail Contract has been extended before the termination for cause. It will be
considered a default of this Agreement if a City terminated for cause under the Long
.Term Jail Contract fails to make any required payment to Yakima County for such City's
unused EADP througbout the relevant time period under the Long Term Jail Contract, as
specified above.
Althougb no joint acquisition use, or disposal of personal or real property is contemplated
by this Agreement, should any such property be acquired for purposes of fulfilling this
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page30fll \::)-25
Agreement, upon termination the same shall be solely owned by the party purchasing the
same.
4.
DEFICITS IN USAGE:
Each City has generated an EADP . Attached hereto as Exhibit A, and incorporated by
tlús reference, is the EADP of each City. In the event the Cities collectively fail to meet
their Minimum Bed Commitment for any year during the term of the Long Term Jail
Contract, the _EADPs set forth in Exhibit A shall be used by the Cities as a baseline for
the calculation of the proportionate share owed by any individual City to Y akima~ Only
those Cities that have Unused Bed Commitment for the year will be responsible for
paying Yakima for such Unused Bed Commitment~
For purposes oftlús section, "proportionate share" shall mean_the productfèsulting ftom
multiplying the (AInount owed to Yakima for Unused Bed Commitment) by the quotient
obtained by dividing,the (EADP of a City with Unused Bed Commitment) by the (Sum of
EADPs of all Cities with Unused Bed Commitment) A1> expressed in the formula below:
(Amount owed to Yakima for
Unused Bed Commitment)
x
ŒADP of a City wlUnused Bed Commitment)
(Sum ofEADPs of All Cities wlUnused Bed Commitment)
5.
ADDITIONAL USAGE:
The Cities acknowledge that the Long Term Jail Contract does not require each City to
maintain a j ail usage equal to that City's EADP. Overused Bed Commitment by one City
may inure to the benefit of the parties hereto. However, Overused Bed Commitment in
excess of 5% may create a hardship for other contracting Cities. Therefore, prior to
usage in excess of5% of its EADP, a City must obtain cousent from any other of the
Cities to use a portion of the other City's EADP.
6.
GENERAL PROVISIONS:
(a) This Agreement contains all of the agreements of the Cities with respect to any
matter covered or mentioned in tlús Agreement. No provision of tlús Agreement may be
amended or modified except by written agreement signed by all of the Cities.
(b) Any provision that is declared invalid or illegal shall in no way affect or
invalidate any other provision.
. ( c) In the event any City defaults on the performance of any terms of tlús Agreement
or any City places the enforcement ofthis Agreement in the hands of an attorney, or files
a lawsuit, the prevailing City or Cities shall be entitled to an award of all its/their attorney
fees, costs, and expenses-
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page4ofll b-llt,
(d) Failure of any City to declare any breach or default immediately upon the
occurrence thereof, or delay in taking any action in connection therewith, shall not
constitute a waiyer of such breach or default.
(e) Any action, suit, or judicial proceeding for the enforcement of this Agreement
shall be brought and tried in the Superior Court or the State of Washington in King
County. Presenting disputes to the JAG, as defined below, and to a mediator shall be
conditions precedent to the commencement of any judicial process to enforce the terms of
this Agreement.
(f)
(g)
This Agreement may be executed in any number of counterparts.
The laws of the State of Washington shall govern this Agreement.
7.
ADMINISTRATION OF AGREEMENT:
Each City shall appoint a representative to participate in a Jail Administration Group
("JAG"). The JAG will appoint a chairperson to preside over all meetings and a vice-
chairperson to preside in the absence of the chairperson. The JAG will conduct its
meetings according to the most recent edition of Roberts Rules of Order. The JAG will
meet quarterly to address all questions or disputes regarding the terms of this Agreement
which may arise.
In the event any City/Cities present a dispute to the JAG, and the JAG is unable to
resolve the dispute in a fashion acceptable to the Cities involved, the Cities agree that
they will submit the dispute to mediation.
8.
MAILING ADDRESSES:
All notices and correspondence to the respective parties to this Agreement shall be sent to
the chief law enforcement officer for each City
9.
CURRENT CONTRACTS:
Some Cities hereto haye pre-existing agreements for temporary detention of City Inmates
at the Renton City Jail while awaiting transfer to the Yakima County Jail. Those
agreements shall remain in full force and effect according to the terms therein.
10-
INSURi\NCE:
(a) Each City agrees to provide the other Cities with evidence of insurance coverage,
in the form of a certificate of insurance ITom a solvent insurance provider and/or a letter
confirming coverage ftom a solvent insurance pool, which is sufficient to address the
insurance and indemnification obligations set forth in this Agreement;
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page50fll D-2l
(b) Each City shall obtain and maintain throughout the term of this Agreement
coyerage in minimum liability limits of one million dollars ($1,000,000) per occurrence
and two million dollars ($2,000,000) in the aggregate for its liability exposures, including
comprehensive general liability, errors and omissions, auto liability and police
professional liability. The insurance policy shall provide coverage on an occurrence
basis-
11.
HOLD HARMLESSIINDEMNIFICATION:
Each City shall defend, indemnitY and hold harmless all other Cities, their officers,
agents and employees, from and against any and all claims, including third party claims,
costs,judgrnents or damages, including attorney's fees, arising out of the negligent acts
or omissions of the City in connection with tlús Agreement. -
The Cities hereby waive, as to each other only, their immunity from suit under industrial
insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the
Cities.
The provisions of this Section shall survive any termination or expiration of tlús
Agreement-
IN WITNESS WHEREOF, the above and foregoing Agreement has been.
executed in duplicate by the parties hereto and made effective when all cities have fully
executed this Agreement.
CITY OF ALGONA, WA Approved as to Form:
By:
Glenn Wilson, Mayor George Kelley, AIgona City Attorney
--
CITY OF AUBURN; W A Approved as to Form: ...
By:
Pete Lewis, Mayor Daniel B. Heid, Auburn City Attorney
TOWN OF BEAUX ARTS VILLAGE, WA . Approved as to Form:
By:
Charles R. Lowry, Mayor Wayne Stewart, Town Attorney
CITY OF BELLEVUE, W A Approved as to Form:
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page 6 of II 1:)- 21,
By:
Steve Sarkozy, City Manager Richard L. Andrews, Bellevue City Attorney
CITY OF BLACK DIAMOND, W A Approved as to Form:
By:
Howard Botts, Mayor Loren D. Combs, City Attorney
CITY OF BOTHELL, W A Approved as to Form:
By:
Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney
CITY OF BURIEN, WA Approved as to Form:
By:
GaryP. Long, City Manager Lisa Marshall, Burien City Attorney
CITY OF CARNATION, WA Approyed as to Form:
By: .
Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Attorney
CITY OF CLYDE HILL, WA Approved as to Form:
By:
George S. Martin, Mayor Clyde Hill City Attorney
CITY OF COVINGTON, W A Approved as to Form:
By:
Andy Dempsey, City Manager Duncan C. Wilson, Covington City Attorney
CITY OF DES MOINES, W A Approved as to Form:
By
Tony Piasecki, City Manager Des Moines City Attorney
CITY OF DUVALL, W A Approved as to Form:
By:
Becky Nixon, Mayor Bruce Disend, Duvall City Attorney
CITY OF FEDERAL WAY, WA Approved as to Form:
Interlocal Agreement Between 'The Cities" Contracting With Yakima
Page7ofll D-l-l
By: By:
David H. Moseley, City Manager Bob C. Sterbank, Federal Way
City Attorney
CITY OF ISSAQUAH, W A Approyed as to Form:
By: By:
Ava Frisinger, Mayor Wayne D. Tanaka, Issaquah
City Attorney
CITY OF KENMORE, W A Approved as to Form:
By:
Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney
CITY OF KIRKLAND, W A Approved as to Form:
By:
David Ramsay, City Manager Gail Gorud,KirkIand City Attorney
CITY OF LAKE FOREST PARK, W A Approyed as to Form:
By:
David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park
City Attorney
CITY OF MAPLE VALLEY, W A Approved as to Form:
By:
John F. Starbard, City Manager Maple Valley City Attorney
CITY OF MEDINA, W A Approved as to Form:
By:
Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney
CITY OF MERCER ISLAND, W A Approved as to Form:
By:
Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney
CITY OF NEWCASTLE, W A Approved as to Form:
By:
Andrew J- Takata, City Manager Dawn Findlay, Newcastle City Attorney
CITY OF NORMANDY PARK, WA Approyed as to Form:
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page 8 of II .~--3\J
By:
Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park
City Attorney
CITY OF NORTH BEND, W A Approved as to Form:
By:
Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney
CITY OF PACIFIC, WA Approved as to Form:
By:
Howard Erickson"Mayor Bruce Disend, Pacific City Attorney
CITY OF REDMOND, WA Approved as to Form:
By:
Rosemarie Ives, Mayor James E, Haney, Redmond City Attorney
CITY OF RENTON, W A Approved as to Form:
By:
Jesse Tanner, Mayor Lawrence J, Warren, Renton City Attorney
CITY OF SAMMAMISH, W A Approved as to Form:
By
Ben Yazici, City Manager Bruce Disend, Sammamish City Attorney
CITY OF SEATAC, WA Approved as to Form:
By:
Jay Holman, ActingCity Manager Robert L. McAdams, SeaTac City Attorney
CITY OF SEATTLE, WA Approved as to Form:
By:
GregoryJ. Nickels, Mayor Thomas A. Carr, Seattle City Attorney
CITY OF SHORELINE, WA Approved as to Form:
By:
Steven C. Burkett, City Manager Ian Sievers, Shoreline City Attorney
CITY OF SKYKOMISH, WA Approved as to Form:
Interlocal Agreement Between 'The Cities" Contracting With Yakima
Page90fll D -3)
By:
Skip Mackner, Mayor Jefti-ey Ganson, Skykomish City Attorney
CITY OF SNOQUALMIE, W A Approved as to Form:
By:
Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney
CITY OF TUKWILA, W A Approyed as to Form:
By:
Steve Mullet, Mayor Robert F. Noe, City Attorney
CITY OF WOODINVILLE, W A Approved as to Form:
By: .
Pete Rose, City Manager Wayne D. Tanaka, Woodinville City Attorney
TOWN OF YARROW POINT Approved as to Form:
By:
Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney
/II
//1
///
/1/
STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn,
, to me known to be the City ManagerlMayor of the
CityfTown of , a Washington municipal corporation, the
corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page 10 ofll D- 32..
2002.
Given under my hand and official seal this - day of
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of
Washington
My commission expires:
Interlocal Agreement Between "The Cities" Contracting With Yakima
Page II of II 1>-32>
MEETING DATE:
June 18,2002
ITEM#
~yßf-.. (Q)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Renton Jail Services Interlocal Agreement
CATEGORY:
BUDGET IMPACT:
[8J CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
A TT ACHMENTS: The Renton Jail Services Interlocal Agreement, and the memorandum from Chief Kirkpatrick to the
Parks, Recreation, Human Services and Public Safety Committee on the Renton Jail Services Interlocal Agreement.
SUMMARY/BACKGROUND: The language in the proposed Renton Jail Services Interlocal Agreement is similar to the
Fife Interlocal Agreement. Howeyer, the intent of the Renton Agreement is to proyide for cost effective transitional
housing for inmates (1) waiting to be transported to serve their sentence in the Yakima County Jail; or (2) waiting to be
transported to Municipal Court provided that the Council approyes and executes the proposed long-term Yakima County
Jail Services Interlocal Agreement. Accordingly, Section 2 entitled "Compensation" addressses the situation whereby the
inmate is at the Renton Jail for a few hours before being transported.
Additionally, unlike Fife, the Renton Agreement also proyides housing for female inmates provided there is available bed
space.
CITY COUNCIL COMMITTEE RECOMMENDATION: At the June 10, 2002 meeting of the Parks, Recreation,
Human Services and Public Safety Committee Meeting, the Renton Jail Services Interlocal Agreement was approved and
recommended for City Council approyal on June 18, 2002.
PROPOSED MOTION: "I move approyal of the Renton Jail Services Interlocal Agreement with the Federal Way
Department of Public Safety. "
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
I ST reading
Enactment reading
0
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
RESOLUTION #
REVISED - 05/1012001
5.B
CITY OF FEDERAL WAY
CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/
PUBLIC SAFETY COMMITTEE
June 11, 2002 Meeting
Date:
June 3, 2002
,,) ~
Anne Kirkpatrick, Chief of Police(,." ... ! . /C .
Dayid H. M~anager
Renton Jail Services Interlocal Agreement
From:
Via:
Subject:
Backe:round:
The language in the proposed Renton Jail Service Interlocal Agreement is similar to the Fife
Interlocal Agreement. Howeyer, the intent of the Renton Agreement is to proyide for cost
effectiye transitional housing for inmates (I) waiting to be transported to serve their sentence in
the Yakima County Jail; or (2) waiting to be transported to the Municipal Court proyided that the
Council approyes and executes the proposed long-term Yakima County Jail Services Interlocal
Agreement. Accordingly, Section 2 entitled "Compensation" addresses the situation whereby the
inmate is at the Renton Jail for a few hours before being transported.
Additionally, unlike Fife, the Renton Agreement also proyides housing for female inmates
proyided there is ayailable bed space.
Staff recommends that the Parks Recreation/Human Services/Public Safety Council Committee
approve the proposed Renton Agreement contingent upon approyal of the proposed long-term
Yakima County Jail Agreement.
Committee Recommendation:
Approye the Renton Jail Services Interlocal Agreement and forward to full Council for consideration
at the June 18, 2002, Council meeting.
~ Committee Member
K:IAGNDlTEM\PRHSPSCOMMITTEE\O611O2 Rentonjail
B-1
DRAFT
/P/(f/ð1-
INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON, WASHINGTON
AND THE CITY OF FEDERAL WAY, WASHINGTON, FOR
THE HOUSING OF INMATES IN THE RENTON JAIL
THIS INTERLOCAL AGREEMENT is made and entered into on this - day of
, 2002 by and between the City of Federal Way, Washington, a Washington
municipal corporation, and the City of Renton, Washington, municipal corporation, each
party having been duly organized and now existing under the laws of the State of
Washington.
WITNESSETH:
WHEREAS, the Clúef of Police for the City of Renton (hereinafter "Renton") is
authorized by law to have charge and custody of the City of Renton Jail (hereinafter "Renton
Jail"); and
WHEREAS, the City.Manager for the City of Federal Way (hereinafter "Federal Way")
is authorized by law to haye charge and custody of Federal Way prisoners or inmates; and
WHEREAS, Federal Way wishes to designate the Renton Jail as a place of confinement
for the incarceration of one or more inmates lawfully committed to its custody; and
WHEREAS, Renton desires to accept and keep in its custody such inmate(s) in the
Renton Jail for a rate of compensation mutually agreed upon by the parties hereto; and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any city
to enter into an interlocal agreement to pennit another city to perfonn any governmental service,
activity or undertaking which either city is authorized by law to perfonn; and
WHEREAS, the goyerning bodies of each of the parties hereto haye detennined to enter
into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington
law, as amended;
NOW, THEREFORE, in consideration of the aboye and foregoing recitals, the payments
to be made, the mutual promises and coyenants herein contained, and for other good and
valuable consideration, the parties hereto agree as follows:
1.
JAIL AVAILABILITY
Renton shall house Federal Way male and female prisoners when space is ayailable in the
Renton Jail.
2.
COMPENSA nON
Payment Schedule:
(a) $25.00 per Identified Offender where that person is in Renton jail for less than 24
hours AND is not detained in the Renton jail overnight.
Int,doca! Ag,eem,nt Between City of Renton/City of Fed",! Way
(b) $50.00 per Identified Offender where that person is in Renton Jail for less than 24
hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24
hour period.
er Identified Offender where that erson is in the Renton 'ail for
(d) Renton shall proYide Federal Way with an itemized bill listing all names of inmates
who are housed; the associated case or citation number; the number of days housed (including
the date and time of booking and date of release); any applicable additional charges other than
the per diem charge referenced in Section 2(a), and the dollar amount due for each. Renton shall
provide said bill by the 15th of each month. Federal Way shall make payment to Renton within
thirty (30) days of receipt of such bill for the amount billed for the previous calendar month.
3.
DURATION OF INMATE STAY/TYPES OF INMATES
(a) Duration of Inmate Stay. The maximum length of stay per inmate, including pre-
and post-trial stays, may not exceed 30 calendar days.
(b) At this time, Misdemeanants only shall be booked into the Renton Jail pending the
filing of formal criminal charges, or post sentence inmates pending the transfer to another
contract facility-
At the time a person is presented to the Renton jail for booking by a Federal Way
officer, the Renton corrections staff will make a determination if the suspect and/or prisoner will
be accepted for booking. Persons injured, or otherwise requiring hospitalization, or exhibiting
behayior that presents an obvious danger to the staff or other prisoners will not be accepted.
4.
RIGHT OF INSPECTION
Federal Way shall have the right to inspect, at all reasonable times, all of the Renton Jail
in which Federal Way's inmates are confined in order to determine if such jail maintains
standards of confinement acceptable to Federal Way and that such inmates therein are treated
equally regardless of race, religion, color, creed or national origin; provided, howeyer, that
Renton shall be obligated to manage, maintain and operate its facilities consistent with all
applicable federal, state and local laws and regulations.
5.
FURLOUGHS. PASSES, AND WORK RELEASE
Renton shall not grant early releases or alternatiyes to incarceration, including furloughs,
passes, work crews, electronic home detention, or work release to any inmate housed pursuant to
this Agreement, without written authorization by the City of Federal Way or, if the inmate is
housed pursuant to a sentence, without the authority of the committing court, except in the case
of emergencv medical furloughs which Renton is authorized to grant at its discretion. If a
medical furlough is granted, the Federal Wav Watch Commander will be notified as soon as
possible. The foregoing notwithstanding, Renton shall be under no obligation to allow
furloughs, passes, work crews, electronic home detention or work release.
¡ntecloca] Agoeement Between C;ty of Renton/C;ty of Federa] Way
2
6.
INMATE ACCOUNTS
Renton shall establish and maintain an account for each inmate receiyed from Federal
Way and shall credit to such account all money which is received and shall make disbursements,
debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall
be made in limited amounts as are reasonably necessary for personal maintenance. The Chief of
Police for Renton shall be accountable to Federal Way for such inmate funds. At either the
termination of this Agreement, the inmate's death, or return to either Federal Way or indefinite
release to the court, the inmate's money shall be transferred to the inmate's account in care of
Federal Way. Upon release ITom incarceration, Renton shall return any remaining money to the
prisoner.
7.
RESPONSIBILITY FOR OFFENDER'S CUSTODY
Upon booking the Federal Way inmate, it shall be the responsibility of Renton to confine
the inmate or inmates; to provide treatment, including the furnishing of subsistence and all
necessary medical and hospital services and supplies; to proyide for the inmates' physical needs;
to retain them in said custody; to supervise them; to maintain proper discipline and control; to
make certain that they receiye no special priyileges and that the sentence and orders of the
committing court are faithfully executed; provided that nothing herein contained shall be
construed to require Renton, or any of its agents, to proyide treatment, facilities or programs for
any inmates confined pursuant to this Agreement, which it does not proyide for similar inmates
not confined pursuant to this Agreement.
8.
MEDICAL SERVICES
(a) Inmates ITom Federal Way shall receiye such medical, psychiatric and dental
treatment as may be necessary to safeguard their health while housed in the Renton Jail. Renton
Jail staff shall notifY Federal Way prior to any consultation for non-emergency outside services.
Renton shall provide or arrange for the providing of such routine in-house medical, psychiatric
and dental services. Except for in-house routine minor medical services, Federal Way shall pay
directly or reimburse Renton for all costs associated with the delivery of any emergency and/or
major medical service, or pre-approved non-emergency outside medical and/or dental services
proyided to Federal Way inmates; proyided that Federal Way has the option to remove inmates,
if at Federal Way's discretion, it believes that another jail would be more appropriate for
addressing the inmate's medical needs.
(b) An adequate record of all such services shall be kept by Renton for Federal Way's
review at its request. Any medical or dental services that require reimbursement or payment,
except prescription medications, by Federal Way shall be reported to Federal Way as soon as
time permits.
(c) Should medical or dental services require hospitalization, Federal Way agrees to
compensate Renton any amount expended or cost incurred in providing the same; proyided that,
except in emergencies, Federal Way will be notified by contacting Federal Way's Watch
Commander at (253) 661-4707 prior to the inmate's transfer to a hospital and nothing herein
shall preclude Federal Way ITom retaking the ill or injured inmate(s).
Inl"¡o,,1 Ag",m,nl Between City ofR'nlon/City ofF,d",,¡ Way
3
9.
DISCIPLINE
Renton shall haye physical control over and power to execute disciplinary authority over
all Federal Way inmates. Howeyer, nothing contained herein shall be construed to authorize or
permit the imposition of any type of discipline prohibited by the Laws of the State of
Washington.
10.
RECORDS AND REPORTS
(a) Renton Jail shall fax a list of currently held Federal Way prisoners to the Federal
Way Municipal Court, at (253) 835-3050, each weekday morning by 7:00 am., to facilitate first
appearance and transfer needs.
(b) Renton shall keep all necessary and pertinent records concerning Federal Way
inmates in .the manner mutually agreed upon by the parties hereto. During an inmate's
confinement in the Renton Jail, Federal Way shall upon request be entitled to receiye and be
furnished with copies of any report or record associated with said inmate( s) incarceration.
11.
REMOVAL FROM THE JAIL
A Federal Way inmate legally confined in the Renton Jail shall not be removed therefrom
by any person without written authorization from Federal Way or by order of any court haying
jurisdiction. Federal Way reserves the right to transfer inmates to other jail facilities. This
paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for
medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent
danger to the safety of the inmate or to other inmates or Renton Jail personnel. In the event of
any such emergency removal, Renton shall inform Federal Way of the whereabouts of the inmate
or inmates so remoyed, at the earliest practicable time, and shall exercise all reasonable care for
the safekeeping and custody of such inmate or inmates.
12.
ESCAPES
In the eyent any Federal Way inmate shall escape from Renton's custody, Renton will
use all reasonable means to recapture the inmate. The escape shall be reported immediately to
Federal Way. Renton shall have the primary responsibility for and authority to direct the pursuit
and retaking of the inmate or inmates within its own territory. Any cost in connections therewith
shall be chargeable to and borne by Renton; however, Renton shall not be required to expend
umeasonable amounts to pursue and return inmates from other states or other countries.
13.
DEATH OF AN INMATE
(a) In the eyent of the death of a Federal Way inmate, the King County Medical
Examiner shall be notified. Federal Way shall receiye copies of any records made at or in
connection with such notification.
(b) Renton shall immediately notifY Federal Way of the death of a Federal Way inmate,
furnish information as requested and follow the instructions of Federal Way with regard to the
disposition of the body. The body shall not be released except on written order of the
Intedoca! Agceement Between CIty of Renton/CIty of Federal Way
4
appropriate officials of Federal Way. Written notice pertaining to the release shall be provided
within three weekdays of receipt by Federal Way of notice of such death. All expenses relative
to any necessary preparation of the body and shipment charges shall be paid by Federal Way.
With Federal Way's consent, Renton may arrange for burial and all matters related or incidental
thereto, and all such expenses shall be paid by Federal Way. The proYisions of this paragraph
shall govern only the relations between or among the parties hereto and shall not affect the
liability of any relative or other person for the disposition of the deceased or for any expenses
connected therewith.
(c) Federal Way shall receiye a certified copy of the death certificate for any of its
inmates who haye died while in Renton's custody.
14.
REMOVING OF INMATES
Upon request ITom Renton, Federal Way shall, at its expense, remoye any Federal Way
inmate within six (6) hours after receipt of such request. In the event the confinement of any
Federal Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such
inmate at the Renton jail.
15.
GOVERNING LAW
The parties hereto agree that, except where expressly otherwise proyided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter
relating to an inmate(s) confined pursuant to this Agreement.
16.
DURATION
This Agreement shall enter into full force and effect from the date of execution, and end
December 31, 200~ subject to earlier termination as provided by Section 17 herein. This
Agreement shall be renewed automatically for one year successive periods unless terminated
pursuant to Section 17 below. Nothing in this Agreement shall be construed to require Federal
Way to house inmates in the Renton Jail continuously.
17.
TERMINATION
(a) By either party. This Agreement may be terminated by written notice from either
party to the other party deliyered by regular mail to the contact person identified herein, provided
that termination shall become effectiye sixty (60) working days after receipt of such notice.
Federal Way agrees to remove any inmate(s) ITom the Renton Jail by the close of said sixty (60)
day notice period.
(b) By Federal Way due to lack of funding. The obligation of Federal Way to pay Renton
under the provision of this Agreement beyond the close of the current fiscal year (December 31,
2002) is expressly made contingent upon the appropriation, budgeting ayailability of sufficient
funds by Federal Way. In the eyent that such funds are not budgeted, appropriated or otherwise
made ayailable for the purpose of payment under this Agreement at any time after December 31,
2002, then Federal Way shall haye the option of terminating the Agreement immediately upon
Interloca! Ag;eement Between City of Renton/City of Federal Way
5
written notice to Renton, except that all services proYided to that point shall be compensated at
the agreed rate. The termination of this Agreement for this reason will not cause any penalty to
be charged to the Federal Way.
(c) In the event of termination of this Agreement for any reason, Federal Way shall
compensate Renton for prisoners housed by Renton after notice of such termination until Federal
Way retakes its inmates. Compensation shall be paid in the same manner and at the same rates
set forth under Section 2, just as if this agreement had not been terminated.
18.
MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall
be sent to the following:
City of Renton:
City of Renton Chief of Pol ice
1055 South Grady Way
Renton, WA 98055
Contact Person:
Penny Bartley, Jail Manager
City of Federal Way:
City of Federal Way City Manager's Office
P.O. Box 9718
Federal Way, WA 98063-9718
Contact Person:
DaYid H. Moseley, City Manager
19.
HOLD HARMLESS AND INDEMNIFICATION
Renton's liability for the custody and care of any Federal Way inmates commencing at
the time the inmate is booked into the Renton jail. Renton shall defend, indemnifY and hold
Federal Way, its officers, officials, employees and yolunteers harmless ITom any and all claims,
injuries, damages, losses or suits including reasonable attorney fees, arising out of or in
connection with any action or omission under this Agreement, except for injuries and damages
caused by the sole negligence of Federal Way and for any claims of false arrest of false
imprisonment, for which Federal Way shall defend, indemnify and hold Renton harmless,
including reasonable attorneys fees. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting ITom the concurrent
negligence of Renton and Federal Way, its officers, officials, employees, and volunteers,
Renton's liability hereunder shall be only to the extent of Renton's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
Renton's waiyer of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes
of this indemnification. This waiyer has been mutually negotiated by the parties. The proyisions
of this section shall survive the expiration or termination of this Agreement.
Interloca! Agreement Between City of RentonlCity of Federa! Way
6
20.
MISCELLANEOUS
(a) Federal Way inmates incarcerated in the Renton Jail pursuant to this Agreement shall
be transported to Renton by and at the expense of Federal Way and shall be returned, if
necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Renton is
not responsible for transportation of Federal Way inmates under this Agreement except in the
case of an emergency as outlined in Section II, and shall be reimbursed by Federal Way for any
actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by
Renton becomes necessary.
(b) In proyiding services under this contract, Renton is an independent contractor and
neither it nor its officers, agents or employees are employees of Federal Way for any purpose,
including responsibility for any federal or state tax, industrial insurance or Social Security
liability. Neither shall Renton's provision of services under this Agreement giye rise to any
claim by Renton employees of career service or ciyil service rights, which may accrue to an
employee of Federal Way under any applicable law, rule or regulation.
(c) A copy of this agreement, once executed, will be filed with King County as
required by R.C.W. 39.34.040
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate
by the parties hereto and made effective on the day and year first aboye written:
CITY OF FEDERAL WAY
CITY OF RENTON
By
DAVID H. MOSELEY, City Manager
City Manager
Chief of Police
ATTEST:
ATTEST:
N. Christine Green, CMC, City Clerk
City Clerk
DATED:
DATED:
Approyed as to Form:
Approyed as to Form:
Bob C. Sterbank, City Attorney
Lawrence Warren, City Attorney
K:Vail Vail Services Agmt Renton
!nterloca! Ag"ement Between City of Renton/City of Fed",,! Way
7