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Council PKT 09-02-2003 Special/RegularCity of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Jeanne Burbidge, Mayor Jack Dovey Eric Faison Mary Gates Linda Kochmar Dean McColgan Mike Park CITY MANAGER David H. Moseley Office of the City Clerk September 2, 2003 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 2, 2003 (www. cityoffede: lway. com) SPECIAL MEETING - 4 p.m. CALL MEETING TO ORDER II. COMMUNITY CENTER UPDATE III. ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE III. IV. PRESENTATIONS ao Arts Commission/Certificates of Appointment Life Saving Award Presentation/Public Safety Ceremonial Swearing-In/Police Officers Limited Commission Certificates/Public Safety Introduction of New Employees/City Manager Emerging Issues/City Manager 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 negatively to other individuals, or are otherwise inappropriate. Page 1 of 3... go VI. VII. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before fidl Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. eo g. h. i. j. k. Minutes/August 5, 2003 Regular Meeting Vouchers Monthly Financial Report Council Bill #327/Correction to Ordinance No. 03-443/Design Guidelines & Definition of Height (FWCC Sec 22-635, Churches, etc) Pre-Disaster Mitigation Program Competitive Planning Grant/Public Notice of Application So 320th St Utility Underground Conversion Agreement with PSE Dumas Bay Restoration Project Grandview Park Off-Leash Area Development Agreement Silver Lake Neighborhood Traffic Safety (NTS) Prqiect/16th Ave SW Grant Funding Applications/Transportation Improvement Proiects 51 st Ave SW Storm Mainline Replacement (Crestview Shoreclub)/30% Design Approval & Authorization to Proceed to 100% Design PUBLIC HEARING a° Request for Street Vacation of Portion of Puget Sound Marine View Drive · Staff Report · Citizen Comment - (please limit remarks to 3 minutes) · City Council Deliberation/Direction Community Center Facility · Staff Report · Citizen Comment - (please limit remarks to 3 minutes) · City Council Discussion/Potential Action INTRODUCTION ORDINANCES a. Council Bill #328/Speed Limit and Parking Code Revisions AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 15, SECTIONS 15-59, 15-96, AND 15-97 RELATED TO SPEED LIMIT SCHEDULE AND PARKING LIMITATIONS AND RESTRICTIONS WITHIN THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 00-364, 90-47, 90-42) Page 2 of 3... VIII. IX. X. Co Council Bill #329/Oversized Vehicles AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 1 1, VEHICLES AND BOATS (OVERSIZED VEHICLES) Council Bill #330/Changes to Neighborhood Business Zoning Charts AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) CITY COUNCIL REPOR CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i) ADJOURNMENT ** THE COUNCIL MAYADD 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: September 2, 2003 - ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEET1NG M1NUTES CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on August 5, 2003. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: I move approval of the minutes of the City Council regular meeting held on August 5, 2003. ............................ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting, August 5, 2003 - 7:00 p.m. Minutes CALL MEETING TO ORDER Mayor Jeanne Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:02 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Deputy Mayor McColgan led the flag salute. III. PRESENTATIONS Mayor Burbidge noted there was a change in tonight's agenda in light of the tragic loss of one of our officers this weekend. She askedChief Anne Kirkpatrick to speak about Officer Patrick Maher. Chief Kirkpatrick remembered Officer Patrick Maher as the man with a smile. She said he had been with the Federal Way Police Department for approximately 7 months, and previously was with the Honolulu Police Department for 7 years, and a 20-year Veteran of the Coast Guard. Chief Kirkpatrick noted Officer Maher gave his life to save another, and she was saddened by the loss. He was survived by his wife and young stepson, his two grown children, and his immediate family of siblings. Chief Kirkpatrick also stated her pride in the Federal Way Police Department in handling this difficult time. She noted while receiving assistance from our neighboring cities, our officers are still the primary response in our community. She asked that all citizens get out and line the streets of Pacific Highway as the processional goes through on Thursday afternoon to show their support. Mayor Burbidge asked for a moment of silence in honor and remembrance of Officer Maher. Federal Way City Council Regular Meeting Minutes August 5, 2003 ~ Page 2 of 6 Councilmembers each took a moment and individually gave their condolences to the family and the police department for their loss. Swearing In Ceremony,Wo!ice Officers Life S~,T~-'g_ ^ c. Introduction of New Employees/City Manager City Manger David Moseley introduced and welcomed Drew Amdahl, the new Financial Analyst for the Management Services Department. d. _Emerging Issues/City Manager City Manager David Moseley noted there were not any emerging issues to discuss tonight. IV. CITIZEN COMMENT Debbie Kaufman, spoke to encourage citizens to participate in the Federal Way Festival Days which takes place August 22-24th at Steel Lake Park, SeaTac Mall, Celebration Park and the Aquatic Center. Barbara Reid, read a written letter from Festival Days President Bob Hitchcock, also encouraging citizen to enjoy the upcoming festival. Nancy Combs, spoke to Council in concern of traffic issues in her neighborhood. She noted concerns with speeding traffic and construction noise levels. Rachel Perkins, spoke to Council in support of a local dog park; Ms. Perkins noted French Lake Park as a possible location. CONSENT AGENDA go Minutes/July 15, 2003 Regular Meeting -Approved Vouchers-Approved ~uarterly Financial Report/June 2003-Approved Meadowlane One Final Plat - ResolUtion-Approved Resolution #03-392 Interagency Agreement between State of Washington, Washington State Patrol and the City of Federal Way Department of Public Safety for Narcotics Canine Team Training-Approved Memorandum of Understanding between Bellevue Police Department, Federal Way Department of Public Safety, Kirkland Police Department, Tacoma Police Department and Washington State Patrol to Provide Framework for Use of HG1 Stinger-equipped Bait Vehicles-Approved Federal ~Vay City Council Regular Meeting Minutes August 5, 2003 - Page 3 of 6 . go Arts Commissioner Replacement/Unexpired Term-Approved Memorandum of Understanding/Federal Way's Festival Days-Approved Proposed Amendments to Countywide Planning Policies-Approved Memorandum of Intent to Collaborate on Solid Waste Issues-Approved West Hylebos Creek Trail Feasibility Project-Approved Request for Street Vacation/Portion of Puget Sound Marine View Drive - Resolution-Approved Resolution #03-393 COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VI. CITY COUNCIL BUSINESS a. Cancellation of August 19, 2003 Regular Meeting DEPUTY MAYOR MCCOGLAN MOVED APPROVAL TO CANCEL THE AUGUST 19, 2003 REGULAR MEETING; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes b. Steel Lake Soccer Field Renovation/Bid Award Parks, Recreation, and Cultural Services Director Jennifer Schroder called on Park Planner Betty Sanders to report on the bids received. COUNCILMEMBER KOCHMAR MOVED TO AWARD THE BID TO RENOVATE THE STEEL LAKE SOCCER FIELD TO ATHLETIC FIELDS, INC., FOR $729,887.01, INCLUDING BID ALTERNATES, AND TO PROVIDE A CONTINGENCY FUND; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge yes Kochmar yes Federal Way City Council Regular Meeting Minutes August 5, 2003 - Page 4 of 6 Dovey yes McColgan yes Faison yes Park yes Gates yes VII. INTRODUCTION ORDINANCE Council Bill #327/Amendments to Chapter 22 (Zoning) of the Federal Way Municipal Code to Address Regulations for Churches in Single Family Residential Zones (Amending Ordinance No. 03-443) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS REGULATIONS FOR CHURCHES IN SINGLE FAMILY RESIDENTIAL ZONES (AMENDING ORDINANCE NO. 03-443). COUNCILMEMBER FAISON MOVED COUNCIL BILL #327/AMENDMENTS TO CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS REGULATIONS FOR CHURCES IN SINGLE FAMILY RESIDENTIAL ZONES (AMENDING ORDINANCE NO. 03-443); COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VIII. CITY COUNCIL REPORTS Councilmember Gates reported on various community events and updated Council on regional transportation issues. Councilmember Kochmar announced the next meeting of the Parks, Recreation, Human Service, and Public Safety Committee would be held on August 11th at 4:00 p.m. Councilmember Park reminded citizens of the upcoming Festival Days where delegates from both Federal Way's Sister Cities would be visiting and participating. He also announced the next meeting of the Finance, Economic Development, Regional Affairs Committee would be held Augtist 26th at 2:00 p.m.; and noted all subsequent meetings thereafter would be moved to 4:00 p.m. Councilmember Dovey highlighted various community events, including FUSION tomorrow night at Dumas Bay Centre. Federal Way City Council Regular Meeting Minutes August 5, 2003 - Page $ of 6 Councilmember Faison noted the next meeting of the Land Use, Transportation Committee meeting has been canceled. Deputy Mayor McColgan asked citizens to participate in the American Heart Association Heart Walk on September 20th. Mayor Burbidge thanked Chief Kirkpatrick and Deputy Chief Wilson for their assistance during this difficult time. She noted she would be attending various community events including FUSION tomorrow night at Dumas Bay Centre, which aids transitional housing for women and children. IX. CITY MANAGER REPORT City Manager David Moseley reported on the funeral information for slain officer Patrick Maher. He asked citizens to show support by lining Pacific Highway South for the procession. He added City Hall would close at 12:00 noon to allow city employees to attend funeral services. City Hall will reopen for regular business at 8:00 a.m. the following morning. Mr. Moseley reported On a Public Works Open House hosted at SeaTac Mall for the area business owners to review plans and modifications made to the area during Phase II construction along Hwy 99. He thanked Streets Systems Manager Marwan Salloum and Project Engineer Al Empter who presented the information at the Open House. He further noted Mayor Burbidge and Councilmember Gates attended along with Management Services Director Iwen Wang the exit interview for the 2002 State Financial Audit. He was pleased to report the city once again had a clean audit with no findings, which is the 9th year in a row. Mr. Moseley thanked Ms. Wang and her department for their outstanding work with the cities finances. City Manager David Moseley was also pleased to report the city has received notice that the city will be receiving a $500,000 grant for the West Hylebos Creek Restoration Project. This significant contribution will help restore and protect this important natural creek. City Manager David Moseley further reminded Council the need for an Executive Session this evening for the purpose of discussing Potential Litigation/Pursuant to RCW.42.30.110(1)(i); for approximately forty-five minutes with no action anticipated. Xo EXECUTIVE SESSION At 8:05 p.m. Mayor Burbidge announced the Council would be recessing into Executive Session for approximately forty-five minutes with no action anticipated. Federal [Fay City Council Regular Meeting Minutes August 5, 2003 - Page 6 of 6 Potential Litigation/Pursuant to RCW 42.30.110(1)(i) At 8:20 p.m. Councilmember Gates left the Executive Session. At 8:50 p.m. Council returned to Chambers. XI. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 8:50 p.m. Stephanie D. Courtney Deputy City Clerk MEETING DATE: ~, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: VOUCHERS CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: Expenditure Amt.: Contingency Req'd: $4,592,254.45 $4,592,254.45 $ ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed)as described herein and that the claims are just and due obligations against the City of Federal W.a~ Washington,j~mstdhat I am authorized to authenticate and certify said claims. Mangeme-~t Seo'r~es Director ,/ ' CITY COUNCIL COMMITTEE RECOMMENDATION: Approve attached vouchers pursuant to RCW 42.24 PROPOSED MOTION: I move approval of Vouchers. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) REVISED - 05/10/2001 COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal Way MEMORANDUM Date: To: From: Via: Subject: August 19, 2003 Finance, Economic Development & Regional Affairs Committee Tho Kraus, Finance Manager David Moseley, City Manager Vouchers Action Requested: Accept the vouchers and forward to the Next Council meeting for approval. ..~~APPROVAL OF COMMITTEE ACTION: -(~°m~m~i~p~ hair ~omn~tee M~mber Membe; k:\fi n\acctspay\checkru n~mfr cover.doc City of Federal Way Claims Paid Via Wire Transfer Date 07/01/2003 07/08/2003 07/08/2003 Vendor Public Works Board First American Title Insurance Co First American Title Insurance Co Description PW Trust Fund Loan Payment Paragon Bldg Acquisition Escrow #18048 Quadrant Lots A&B Acquisition Escrow #829899 Total Amount Paid $ 209,048.21 1,321,121.54 471,113.00 $ 2,001,282.75 Claims Paid by EFT July 03 08/19/2003 1:48 PM o ~ ~~ ~ ~ ~ o o ~ · . g>g> g> g>~>g>g>g>o> 0 0 0 0 0 0 0 D Z LU 5 ~ 0 IIIIIIIIIIIIIIIIIIII ~ W · 0000 O00 O000000000 O000 0 0 ~ ~0~ ~ ~ ~ ~ ~ ~ ~ O~ 0 ~ ~ ~0000000~ ~ O0 ~ O0 ~000 ~ ~ ~0 ~ ~ O~ ~ ~ O~ ~ Z Z ~ o ~ E o ~ ~ ~ z z ~ ~ 0 D 0 0 0 ~ o 0 ~ ~ Z Z Z ~ ~ 0 ~ ~ ~ 0 ~ ~ ~m~oo ~~~oS ~ ~8 ~88~88~~~~ ~~ ~o oo ............ ~ '~ 0 ~ 0 ~ 0 '~ 0 g>g>g>o~ ~ g >g>g go> > > 0 0 0 0 ~0 ~0 0 0 0 0 --I 0 IJ.I 0 0 0 0 L~O ~0~00~ ~0 ~ ~ z ~ ~ ~ ~~o ~ zzzz~ ~ <<~ ~~~ oooo~ ~ .... ~o OOW 000 0000000 ~~o~o ~ oo~ 0 0 0 0 0000000 ~ ~ w ~ Q ~~uu~ ~o~ ~ ° o ~ ~ ~ ~ m m ~ ~ =z~ ~< ~<~ <~<~< o ~ ~ ~ ~ ~ o o o ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ LO LO ~0 .......... 0 ~0 ~0 ~0 ~0 ~0 · . >o~_>o>~>o> o~ > > >o>o ~ ~ 0 ~ ~O~- ~o~~O ~~0 ~ ~ 0 i www~~ zzz~~ ooooooo ~ ~ o ~ ooooooo o 00000.00 >o>o>o~ ~§ ~ ZZZZZZZZZ DDDDDDDD~ 000000000 ~WW~W~W 000000000 ZZZZZZZZZZ 0000000000 ZZZZZZZZZZZZZZZ DDDDDDDDDDDDDDD DDDDDDDDDDDDDDDo0 000000000000000~. 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I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0~ o~ 0® 0 ~ 0~ 0~ 0 ~ I ~ ~ --~ ~ ~ ~ ~ ~ 0 O~ O~ O~ O~ O~ O~ O~ O~ 0 ~ ~I " I o>o>o>o>o>o> ~>o>o>o> ~~ ~~ 0 ~ ~ 0 0 ~ 0 O0 ~ O0 0 0 ~ ~ 0 ~ ~ 0 ~0 0 O0 0 ~0 ~0~0~ 000 · ~~0~ 0 ~ ~ 0 ~ ~ 0 Iwwwwww~ ~ m ~ ~ ~g ~ ~ w°~Ww I~~~ o ~ z~w IOOOOOO~ ~ ~ o ~ ~ r ~z~ ~ elooooooo o o o o o o ~ ooo~° ~ ooo - 000 ~1ooooooo o o o o o o >1~~0 ~ ~ 0 0 000 0 000 0 ~0000000 0 0 0 0 0 0 0 ~ ° ~ ~o~ ! ~1 0 0 0 0 0 0 g 0 0 0 0 0 0 .0 0 0 0 ~1 o o o o o o I 0 0 0 0 0 .... ~0 ~0 ~ 0 0 0 0 0 0 0 0 =0 =0 ~ ~. 0 ~ 0 ~0 ~0 ~0 ~0 ~0 ~0~ .~ ~ ~ >o>o~ ~ >o>o>~>o > o >o>o > o >~ > · . 0 © 0 LO zzzzz ZZZZ O0 O0 O0 ooo~oo~ ~°°~ ~ 0 ~>~>~>~>o>~>~> o>o> == =oooooooo oooo = ¢ ~~oooooooo~oooo~~ ~ ~ oooooooooooooooooooooo g g g ~ g oooooooooooooooooooooo o g g 0000000000000000000000 0 0 ~ ~ ~ 0 i o o o o g g g o 0 0 0 0 0 0 0 0 0 .. ~0 ~0 ~0 ~ >o> o> o> MEETING DATE: September 2, 2003 CITY OF FEDERAL WAY City Council AGENDA BILL 'l SUBJECT: July 2003 Monthly Financial Report CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACItMENTS: July 2003 Monthly Financial Report SUMMARY/BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: Was reviewed and approved by the Finance Committee during their August 26th meeting. PROPOSED MOTION: "I move for the approval of the July 2003 Monthly Financial Report." CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) I COUNCIL ACTION: [] APPROVED [] OE~ED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF ~ Federal Way MEMORANDUM Date: To: From: Via: Subject: August 21, 2003 Finance, Economic Development & Regional Affairs Committee Tho Kraus, Finance Manager David Moseley, City Manager July 2003 Monthly Financial Report Action Requested: Accept the July 2003 Monthly Financial Report and forward to the September 2nd Council meeting for full Council approval. APPROVAL OF COMMITTEE ACTION: Committee Member K:~FIN'~MFR'~Vl FRFE D RAC CVR. DOC J-I Federal Way 2003 MOnthly Financial Report The Monthly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Recycling, Hotel/Motel Lodging Tax, Paths & Trails, Surface Water Management, Debt Service, and Dumas Bay Center/Knutzen Family Theatre Operations. The Summary of Sources and Uses (Attachment A) captures financial activity through July for the years 1998 through 2003. YTD Operating Revenues vs Operating Expenditures Thru July j.sae_.. '-j__s~_ .-..2.0o9_ 20o~ .... .2o0~_. ,_ ~ ! · REVFNUES --!-- EXPF NDITURES REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending July 31, 2003 ::::::::::::::::::::::::::::::::::::: :-:-:.:.:-:.:.: :.Z~o~:~e~i~<~la:uU~t: ::::A~!~:: :::::::¥~,~::::::: ::::::::::::::::::::::::::::::::::::: :.:.:.:.:.:.:.: :.:.:.:.:.:.:.: :.:.:.:.:.:.:.: :.:.:.:.:.:.:.:..:.:.:~av~,~b~.:.:. ::::::::::::::::::::::::::::::::::::: ::::~f~0:2:::: ::::::::::::::: ::~r~g~: :::~f~:: ::::(U~f~ab!*):::: 3ropertyTaxes $ 3,985 $ 7,777 $ 4,19g $ 4,199 0.0% Sales Tax 6.120 11,000 6,263 5.987 (276)-4,4% qotel/Motel Lodging Tax 61 134 66 77 11 16.6% 3riminal Justice Sales Tax 910 1.611 908 899 (8) -0.9% ntergovemmental 2,051 3,346 1,928 1.698 (229)-11.9% ~eal Estate Exdse Tax 1,375 1,900 1,028 1,665 637 61.9% 3ambling Taxes 1,260 1,850 1,095 1,143 48 4.45 Jtility Taxes 3,870 7,748 4,665 4.124 (542)*11.6% 7,oud Revenue 409 1,019 556 682 126 22.8% ~uifdir~g Permits/Fees-CD 930 1.180 705 799 95 13,5% =xpedited Review Fees-CD 45 113 113 0.0% :~OW Permits/Fees-PW171 369 220 218 (2) -1.0% =xpedited Review Fees-PW 39 25 25 0.0% icenses 80 142 74 49 (25) -33.9% =ranchise Fees 473 622 464 501 38 8.1% =assport Agency Fees 8 8 n/a :~ecreation Fees 428 930 407 455 48 11.8% ~umas Bay Centre 283 494 269 297 28 10.2% 4nutzen Family Theatre 47 70 36 58 22 59.7% nterest Earnings 261 744 410 264 (146)-35.7% ~,dmin/Cash Mgmt Fees 277 527 263 307 44 16.7% SWM Fees 1,615 3,433 1,712 1,687 (25) -1.5% ~efuse Collection Fees 107 165 110 123 12 11.3% ~ctice Services 492 926 609 595 (14) -2.3% ~iscellaneous/Other 65 98 48 70 21 0.0% ,~u, bt, ,ot~, ! ~Per Revere,'.:.' '.'.: 25:,353 ' '.'.' ~1.8 084' '.-.'.28 1.72' '.'.'. 26 041..:.:. ~.'~3:1 ) .-. ~ther Financing Sources4,465 16,056 12,056 12,056 0.0% rDtal. Re~tertues.&.Otl~e~.:'.... -.......-.... -.- .... :.:-................. ,.........-.. -...... · ..-. ,s~,~:.:.:.:.: ::: :.:: :.:::..;~::~,~. :~:.:~2;1~ .~:::3~;~ ::t:.:.:i~,~: :$::~3~)' .:.0.'3~ General governmental operating revenue collections through July total $26M which is $131K or 0.5% below the ytd budget of $26.17M. Of this amount, $95K is related to Utility taxes and REET that are reserved for the payment of debt services. Real Estate Excise Tax To date, REET of $1.7M exceed the ytd budget of SIM by $637K or 62%. Compared to 2002, collections are up $290K or 21%. July's receipt of $272K is $67K above the monthly estimate and includes a total of 291 real estate transactions, of which 124 were tax exempt and of remaining 167, 5 were mobile home sales. The largest transactions in current month consist of the sale of an office bldg at East Campus Corp Park, USSA office bldg on 8th Ave S, North View Terrace Apts on SW 312th St, a vacant residential land owned by Chrism Investment LLC, and Home Street Bank. '.B ~: .~.-:...:.~.~!'~';~.~r.~~~ · ~. ¢~- :F'"'*'t ~-'l.~r:~-~ I'¢~ i~'~- ~'~:~',~:~'~~:~,' ~' ':~. ;~:~ ~ ,:t.:'~ ~ ,~'~ ......~-~, ~ ~- ~' ,- ::%~ .? .:, :.~.. ~ ;.: .~' .~: ~ ~ :~ ~'~.~i] · ... ......... . ~.~_.;~:~:., ~ ...... :., .., .~{~¢~ ~.=. ~=,~-,~ ~q~ i~,. ~ .... · ~[f., ~ ~:'?' :~ ~;~,~',, .~'!"'.~;.~.~-~. .. ? ~:~1 Jan $ 114.439 $ 125,916 $ ~7.~ $ 181,~8 1~.1~ Feb 112,~8 81,2~ ~6,828 ~5,628 327.1~ Mar 247,~7 126,~3 129,~2 3,5~ 0 0% A~ 152,735 1~,2~ 193,~5 57,389 ~.0~ May 329,252 167,280 ~,~ 2e,sa5 20.0%i Jun 255,814 1~,111 219,314 ~.203 ~.0%i Jul 162,739 2~,~5 271 ,~1 ~,~ ~.~ Aug 263,742 193,513 ' I S~ 132,~ 192,052 ~ 210,~ 191.291 Nov 116,037 122,230 D~ 419,672 172,~3 ;- Sales Tax *Budget is projected based on past 5 year's history Sales tax received through July of $6M is $276K or 4.4% below the ytd budgeted amount of $6.3M. 2003 ytd revenue Cit~ of Federal Wav JulF 2003 MonthlF Financial Report of $6M is also below July 2002 ytd revenue of $6.1M by $133K or 2.2%. The current month's receipt of $834K is also below the monthly estimate of $842K by $9K or 1%. Sales Tax by SIC Code ' I :i :~etailtrade S 3.948,260 5 3.896.275 S (51.986) -1.3°/( Services 663,342 732,304 68,963 10.4°/( Sonstrud/Cor~act 622,212 593,028 (29,184) -4.7% ~Mx31esaling 309,225 265,440 (43,785) -14.2°/( ]'r~p/~ility 225,433 235,034 9,601 4.3°/( Vlanufacturing 123,582 62,882 (60,700) -49.1~ ~overnment 106,198 75,914 (~,284) -28.5°4 --in/Ins/Real Estate 69,111 80,141 11,029 16.0°/( D~her 52,703 45,770 (6,932) -13.2°/( Retail sales continue to remain the largest source of sales tax revenue, accounting for 65.1% of all sales tax collections. Ytd July 2003 retail sales tax collections are $52K or 1.3% lower than the year 2002. Miscellaneous trade, retail furniture, general merchandise, and Apparel & Accessories are down while bldg materials, food stores and retail eating & drinking are up. Service industries account for 12.2% of the total sales tax collections through July. On a ytd basis, service sales tax is up $69K or 10% from the year 2002. The increase is mainly due to new installations at one of major amusement facilities and increase activities in Amusement/Recreation. The variance in hotels/motels is also contributing to the increase in ytd collections. Construction and contracting activity, which accounts for 10% of sales tax collections, is $29K or 4.7% below year 2002 activity. Wholesale tax which accounts for about 4.4% of total sales tax collection, is $44K or 14% below year 2002 activity due to overall decline in activity. SALES TAX ACTIVITY BY SiC CODE YTD Through July 2003 Sales Tax Activity by Area snu i:. :',. ,.. '.' ' ' '.': ~.': .".'-.,'~w~..~aty. ,:.:; ..':,: ..;.: -: i..i~: ',. ,' TolalSalesTa~ $6,120,0651 $,.~6,788!, ($133,277) -2.2~ % chg bom prev yr 1.2% -1.0% aa Percentage of total 132% 13.4% 0.2% 1.2% % Cl~d born pmv yr -9.6% -8.1% aa aa F~cetta~ ot totat 9.1% 8.6% -0.6% -8.1% % chg from prev yr 8.1% 1.5% aa aa Percentageoftc~al 4.2% 4.4% 0.2% 38% % chg from pmv yr 0.9% 4.9% aa aa Penx*rta~ottctaI 49% 52% 0.396 6.4% % ct~d~ra prev yr 107.4% -13.6% aa aa P~ente~ of tot~ 4.1% 3.7% -0.5% -11.5% The City's largest retail center, South 348th, which generates over 13% of the City's sales tax experienced a decrease of $8K or 1% when compared to the year 2002. The increases in building materials and retail eating & drinking were offset by the decreases in other categories. SeaTac Mall is showing a decrease of $45K or 8% when compared to year 2002 activity. On a monthly basis, tax received in July 2003 is $7K less than July 2002. The year- to-date tax from the Mall's department stores, which generate more than one-half of the Mall's sales tax, has decreased $34K or 10% compared to 2002. Major Auto Sales through July have collected $262K, which is $4K or 1.5% above the same period in 2002. S 312n to S316th is up $12K or 4% from the prior year. The increase is attributable to a $15K increase by the center's biggest box retailer that is offset by $3K net decrease from the other retailers in the center. Pavilion Center is down $34K, or 13.5% due to the downward trend in the retail industry. Almost one-half of the decline is attributed to the center's biggest contributor. Hotels & Motels sales tax collected through July total $73K, which is $17K or 29% above the same period in 2002. The increase is mainly attributed to timing differences in returns filed by one major hotel and increasing activities at another hotel. CitF of Federal Way Jul}, 2003 Monthly Financial Report Sales Tax By Area Thru July 2003 S 312th to S 315th Pavilion Center 5.2% 3.7% MajOT Auto sales 4.4% ~ SeaTac Mall 8.6% Hotels & Motels 1,2% S $48th Retail Block 13.4% All Others 63.6% Hotel/Motel Lodging Tax Hotel/Motel lodging tax collected through July total $77K which is $11K or 17% above the year-to-date budget of $66K. The increase is mainly attributable to timing differences in returns filed by one major hotel and increasing activities at another hotel, which is consistent with sales tax above. ~- ~:, Jan 7,374 7,952 8,~22 ~70 2.1% Feb 8,359 8,~0S ~2,3~6 4,2~1 52.0% Mar 6,072 9,017 ~2,~53 3,~36 ~.8% Apr 7,769 9,031 ~ ~ ,436 2,405 26.6% May 8,49~ ~,087 ~,~9 362 3.3% Jun 8,938 9,282 9,~09 (173 -~.9% Jul ~a,751 ~,276 ~2,~0 834 7.4% Au~ 12,9~5 11,988 Sep ~3,802 ~5,530 O~ ~3,479 ~4,433 Nov 13,367 ~ ~2,516 Dec ~4,982 ~3,783 ~7~1~: ~:,~:'~7~¢, ~' ':~;!~, . :; ~,~ ;~x,~¢~0:~~ :.,&:. Table reflects cash basis accounting Gambling Tax Gambling tax collection of $1.14M is $48K or 4.4% above the year-to-date budget of $1.1M. In comparison to 2002 year-to-date collections, 2003's tax collection is lower by $116K or 9.2%. July's collection of $150K is $1K or 0.5% below the monthly budget estimate of $151K. YTD collections from the top five largest establishments (in terms of tax revenue) have decreased $79K or 7% from the same period in 2002. These 5 establishments are responsible for 93% of the year-to-date tax collections. Month ~. · 2002-~' ~F': Bu,dget.~': ~Actliai,~~.'-.~$]~:'~:-~ ¢.~-. Jan $210,579 156,005 $159,323 $ 3,3~8 2.1% Feb 212,309 151,800 152,943 1,143 0.8% Mar 175,625 144,863 160,415 15,552 10.7% Apr 189,533 177,474 176,029 (1,445) -0.8% May 167,112 157,198 184,574 27,376 17.4% Jun 161,592 156,862 160,030 3,168 2.0% Jul 142,814 150,802 150,092 (7i0) -0.5% Aug 150,984 129,820 - Sep 139,851 140,427 - Oct 134,904 164,430 - Nov 119,265 160,735 -, - Dec 121,874 159,584 Utility Tax The utility tax rate increased from 5% to 6% effective February 1, 2003. The additional 1% was adopted by Council to fund new service level adjustments and is budgeted to yield an additional $1.25M. However, at this time we do not anticipate meeting budget projections due to the leveling off of utility tax, 2002's actual falling short of meeting year-end projection, and the 1% increase not taking effect until February 1st. Council also approved an ordinance earlier this year that would provide utility tax relief for low income seniors. The ordinance would relieve the full 6% of the utility tax to eligible citizens through a City administered "rebate" program. The first requests for reimbursement of paid 2003 (February through December) utility taxes will be due no later than April 30, 2004. ,i ~n $ ~,~ $ ~,~ $ 519,~ $ (~,214)..-11.~A F~ ~,7~ ~,~ ~7,378 (~,~) J. -9.~A ~r ~,121 7~,~ ~,~ (1~,~2) -19.~/ ~ ~,~ ~,2~ ~,~ (1~,~ -16.8~ ~ ~,810 712,913 ~,~ (~,~). 4.~/ Jun ~,~ 610,759 ~,~ (47,~) -7.$~ Jul ~2,319 ~,797 ~,7~ (~,01~ -9.4°~ ~ 4~,7ffi ~,~1 - 0.~/ ~ 4~,~ ~,151 0.~ ~ ~1,~ ~,~7 0.~ ~ ~,~ ~1 ,~7 ~ ~,171 ~,2~ 0.~ Cit~ of Federal Way July 2003 Month!y Financial Report Utility tax received through July total $4.12M, which is $542K or 12% below the ytd budget total of $4.67M. The ytd thru July 2003 utility tax receipt is above the same period in 2002 by $254K or 7%. The year-to-date electricity tax includes a one-time back payment of $52K from Puget Sound Energy for the audit periods 1999 through September 2002. In June 2003, we also received a payment of $4K from Verizon Wireless for the periods 1999 thru April 2003 based on audit results by Microflex consulting fu-m. In addition to $4K already receipted for the same audit periods, we are anticipating assessments of $99K on Waste Management and $18K on Sprint PCS. Puget Sound Energy reported a sharp decrease in gas revenues due to rate decrease that took effect in September, 2002. The rate hike in April 2003 has not helped much on lost revenues over the winter peak season. Gas taxes are below the ytd budget of $834K by $269K or 32%. Electricity is below the ytd budget of $1.6M by $126K or 8%. Cable taxes are below the ytd budget of $435K by $19K or 4%. Phone taxes are below the ytd budget of $666K by $75K or 11%. Cellular phone taxes are below the ytd budget of $777K by $76K or 10%. Compared to ytd 2002, Electricity is up $218K or 17%, Gas is down $168K or 23%, Cable is up $56K or 16%, Phone is up $15K or 3%, and Cellular phone is up $70K or 11%. .:.:..,~.'.~;;~.~.~_~ .-. (,nLn~/;~,-:.~',~. :~.~: ~ ~ ~ Ele~c $ 1,262,2~ I $ 2,577,611 $ 1,6~,508 $ 1,480,778 $ (125,730) -7.8% 3as 732.493 1,1~,743 833,590 ~,629 (2~,~1) -32.3% ~olid Waste 225,580 452,~3 245,745 267,514 21,768 8~9% ;able 359,685 778,217 4~,890 415,~7 (19,~3) ~4% =hone 576,032 1,170,~8 ~,~4 591,380 (74,7~) -11.2% ;ellular 630,929 1,417,259 777,260 701,144 (76,116) -9.8% =ager 6,415 8,6~ 5,~ 4,658 (9~) -16.6% ~WM 76,241 205,~6 95,724 97,~22 2,~ 2.2% Pagers 0.1% Cellular 17.0% ~. Utility Tax Revenue YTD Thru July 2003 Storm Drainage 2.4% Electric Phone 14.3% Cable Gas 10.1% 13.7% Garbage 6.5% State Shared Revenue Ytd July's distribution of $2.6M is below the ytd budget of $2.8M by $238K or 8.4%. The unfavorable variance is due mainly to vehicle licensing fees offset by major increases in criminal justice high crime and liquor profits tax. As of December 5th, the effective date ofi-776, local license fees collected in King and Pierce Counties are being held in an account at the State Treasurer's Office until it is determined whether the initiative is constitutional. According to the state, through July the City's share is $424K but anticipated distribution date is uncertain at this time. There was no discussion yet regarding interest compensation on the amount has been held with the State, but they will f~ward our inquiry to the State Treasurer's Office. :.!"' :.' :'",,,.: ~::"~'~'"" ..i: ~:~ ..... ..~ ;~.,,.s~'r,~... ar~',snnn~.~~::.:...~::..~~ ~?~. '.~?-." ~:'~~ '.'~'~ ......... '~-"-. ~.-".' ",'. ,-. -~6~:,*.--~ ~':r--'?~'- ~ ~!,~.~',.:.~:,.'-- .,~,.... ?¢:-'~'~ .. ~:~: ' ;:" ":-~.',:'" -"- :l'': '~ .g~gW-'~.,: .t~., ~'.~:t.,~_~'g,~. Motor Vehicle Excise Tax $ $ $ $ n/a City Hardship Assistance 35,064 n/a Camper ExCise Tax - n/a Liquor Profits Tax 249,063 236,854 281,989 45,135 19.1% Liquor ExCise Tax 219,275 219,932 222,008 2,076 0.~.~ Cdm Just Low-Pop/DCD 56,960 57,790 58,368 579~ 1.0% Cdm Just H~h Cdme 41,102 124,494 124,494 I 100.0% Equalization n/a Local Crim Just Sales Tax 909,980 907,803 899,310 {8,4931 -0.9% Fuel Tax 904,262 979,758 982,731 2,973 0.3% Veh Lic/I Fees 444,617 433.224 18,196 (415.027) -95.8% DUi -Cities 10,794 10,619 10,619 100.0% Local Govt Fin Asst. n/a Building Permits and Plan Check Fees Ytd building permit revenues total $799K, which is above the ytd budget by $94K or 13.4%. This does not include ytd pass through revenues of $113K. Revenues collected for expedited review is currently not budgeted nor are the offsetting expenditures. Building permits, which includes mechanical, plumbing and clear/grade permits total $384K and is above the ytd budget by $38K or 11%. Electrical permits of $74K are above the ytd budget of $62K by $12.3K or 20%. Plan check fees of $278K are $37K or 15% above the ytd budget estimate of $242K. Janua~ $ 235,933 $ 1~,830 $ 1~,380 $ 29,5~ 28.2% Febma~ 76,786 67,172 68,531 1.359 2.0% March 108,771 101,240 ~,599 (6,~1 -6.6% ~dl 119,~3 ~,241 73,435 (20,8~ -22.1% May 113,178 ~,778 1~,776 7,ffi8 8.3% June 1~,763 127,2~ 188,806 61,602 48.4% July 110,974 113,358 1~,493 21,135 18.6% August 1~,017 113,780 September ~,~6 113,333 October 118,473 92,330 November 85,987 78,393 De.tuber 132,036 77,156 E~ thru June~ 1,391,213 1,601,6~ 1,524,883 na na Re~ve~ Ratio 66.9% ~.0% 52.4% na na Expenditures include Community Development Admin, Planning, and Building. City of Federal Way JulF 2003 MonthlF Financial Report The following table presents a synopsis of ytd building permit activity as of July 31 st for new construction between 2001 and 2003. Building Division - Permit Activity YTD Through July, 2003 2001 2001 2002 2002 2003 2003 NewResideatial(Platted)23 $ 2.989,51383 $ 17,678,305 94 $ 21,736,464 New Commercial 12 23.890,662 15 34,692,776 8 600,972 New Multi-Farmly Units 4 1,051,687 I 0 I 1,042,389 New Public 0 0 0 0 0 Subtotal -NewCtmstmctio~ 39 $ 27,931.862 99 $ 52,371.081 103 $ 23.379.825 Manufactured Homes 0 0 0 0 0 0 Residential A/terations89 2,769,860 84 1,991,656 80 2,412,130 Commercial Alterations 142 12,584.753 291 15,908,254 136 11.527.853 Plumbing Only 50 0 50 0 67 0 Mechanical Only 194 796,503 180 807,738 187 755,418 Misc. Buildin~ P~mits 0 0 0 0 0 iSubtotal-Alt~atiofls 475 $ 16,151,116 605 $ 18,707,648 470 $ 14,695,401 Electrical Permits 616 0 738 0 620 TotaIBuildin~[Permlts 1130 $ 44,082,978 1442 $ 71,078,729 1193 $ 2t8,075,226 Non-Building Permits: Si~n Permits 160 281,168147 270,107142 290,926 Totals 160 $ 281,168 147 $ 270,107 142 $ 290,926 Total Commercial Valuation 154 S 36,475,415 306 $ 50,601,030 144 $ 12,128,87.5 Uommercial as a % of Total 14% 83% 21% 71% 12% 32% * Includes all n~v, alternation ROW Permits and Fees Overall Public Works permits and fees collected through July total $218K, which is $2K or 1% below the ytd budget of $220K. Right-of-way permits collected total $56K which is $62K or 53% below the ytd budget of$118K. Plan review fees collected total $58K which is $20K or 25% below the ytd budget of $78K. Public works inspection fees of $104K is $80K or 326% above the ytd budget of $25K. Probations contract was recently revised and is expected to have an unfavorable impact to probation revenues. ;~crD~Tolal-' ,:.. · 2003 .. : :':--~"'~:'Ji,l~t '~: 'Budget;:' .'- A~t~ial':'..- -"t':;' ' $ Vol-., ~! ... $ Var., Revenue $ 64,167 iS 175,724 $ 111,558 173 9% Expenses "~:~,.'., ~ ~ ~ ,~ .~ . ~".~, "~',' '..:.-= ;.. ' ~' '-~';'~ :,~' ~k~?.~,~..~ ~' ' · ·" ~ ~[ ~. ~?::., ~, ~. x;~..~ .~ ,g~- .~ ~'r*.~ ~-~: .~,~ i~c;~. ~--,.~'~, ~ .~,: ....., ~:~ .-,,'=. ,, ...... ~ ....... ~T~u~-...,~ y.~ ,,........ .......... :..~-., :...,:, '.'~;~?~:~ ~. ~::'. r~.:~f.~.:.;~i= . w *' t ' ¢~' ~.~,~..~.~..~:~. danua~ ~8,082 ~816 $55,4~ ($8,327) -13.0% Febma~ 57,2~ ~,6~ 78,815 10,181 14.8~ Mamh 69,769 ~,526 82,6~ 2,109 2.6% ~dl 72,6~ 74,~ 73,723 (819~ -1.1% May ~,487 ~,011 67,131 (~1) -1.3% June 49,0~ ~,920 ~,7~ 10,~3 16.2% July 65,189 ~,8~ 70,613 1,719 2.5% Augu~ ~,659 73,0~ September 55,775 ~,410 )~ober 79,013 69,5~ Nov~b~ 67,~ 62,970 ~cem~r ~,133 59,0~ . PmbatlonSe~lces ~ 38,724 ' 64,~67 ~ 175,724 111,5~, 173.9% ~ Schl Adm F~ 1,457 0 0 0 0.0% · Included in Court Revenue are Probation So,vices and remittances from Distdct Court for 'Sharud Court, Costs', "Court Record Sentices' and Other Court-reisted miscellaneous revenue. Traffic School is now included in Police Revenues. Traffic and non-parking fines total $31 OK and is $17K or 6% above the ytd budget. Compared to ytd 2002, collections are above by $79K or 34%. Month Ave Court Revenue Court revenue is $15K or 3% above the ytd budget total of $491K from fines & forfeitures. Total court revenue collected through July amounts to $682K which is $126K or 23% above last year's collections of $449K by $232K or 52%. Probation services revenue total $176K and is $112K or 174% above the ytd budget. Ytd probation expenditures total $138K resulting in net probation revenue of $37K. Parking infractions total $36K and is $8K or 30% above the ytd budget. Compared to ytd 2002, collections are above by $19K or 109%. DUI and other misdemeanors total $85K and is $7K or 9% above the ytd budget. Compared to ytd 2002, collections are below by $3K or 4%. Criminal costs total $40K and is $7K or 15% below the ytd budget. Compared to ytd 2002, collections are above by $8K or 26%. ~ivil Penalties $3,103 $6,761 $3,855 $3,898 243 i 8.6% Traffic & Non-Parking 231,450 543,546 293,864 310,465 16,621 5.7% Parking Infractions $17,122 51,007 27,576 35,752 8,176 29.6% DUI & Other Misd $88,474 145,047 78,419 85,161 6,742 8.6% Criminal Traffic Misd $34,755 63,489 34,325 28,090 (6,234 -18.2% Criminal Costs* $31,688 87,432 47,270 39,974 (7,295 -15.4% Shared Court Costs $2,704 11,532 6,235 2,808 (3,427 -55.0% Probation Services* 38,724 110,000 64,167 175,724 111,558 173.9% Traff Schl Adm Fee 1.457 0 0 0 0 0.0% * Criminal costs include screener fees. Cit}, of Federal Wag Julg 2003 Monthl}, Financial Report GENER~ GO~MENT~ EXPENDITURES General governmental expenditures through July total $23.62M or 42% of the annual operating budget of $55.9M. Operating expenditures are below the ytd budget of $25.1M by $1490K or 6%. Community Development Community Development expenditures through July total $1.95M, which is below the ytd budget total of $2.09M by $145K or 7%. Savings are due to one-time funded programs. Public Works EXPENDITURE SUMMARY BY DEPARTMENT Period Ending July 31, 2003 In Thousands) · :.:.:.:.:.:.:.:.:.:.:.:.:.:-:-:.:-:.:-: :-:.:-:-:-:-:.: :20O3:Re:vi~ed Budget .:Actl~a{s:. *:.:.:*:Va~a~be:.:.: · :.:.:.:.:.:.:.:.:-:.:~:.:-:-:.:-:-:-:.: :-:-:.:.:.:.:.: :.:.:.:.:-:.:.: :.:.:.: :.:.:-:- .:.:.:.:.:.:.:..:-:-:Fa'~or:ab!~.:.: .:.:.:.:.:.:.:.:.:.:.:-:.:-:.:.:.:.:.:.: :-:-:2~0~:.: :.:.:.:-:.:-:-: :.ThroLlgll..:l~hrough. t~se,~.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: :::~Ac~a!:: :.:Am!qat: ::::::J~ly:.:. .:.:J~ly:.:. ::::::~::::: ::::::~::: City Council $ 196 $ 260 $ 197 $ 210 $ (13) -6.6°A City Manager 408 691 409 381 28 6.8oA Municipal Court-Operations 706 1,211 665 753 (87) -13.2~A Management Services 972 2,005 1,133 989 144 12.7oA Civil/Criminal Legal Services 840 1,449 934 639 294 31 Comm. Development Svcs 1,670 3,662 2,091 1,947 145 6.9~A Police Services 8,057 15,572 8,940 8,776 164 1.8oA Jail Services 555 1,342 675 600 75 11.19 Parks and Recreation 1,785 4,042 2,299 1,999 301 13.1oA Public Works 1,911 4,090 2,168 1,924 243 11.2~A City Overlay Program 836 2,379 1,413 1,413 O.O*A Solid Waste 171 421 242 166 76 31.3°A 'Hotel/Motel Lodging Tax 72 312 38 38 O.OOA !Surface Water Management 991 2,198 1,288 1,127 162 12.6~A Debt Service 2,226 15,630 2,246 2,246 0.0% Dumas Bay Centre 283 494 278 300 (22) -7.8~A :Knutzen Family Theatre 84 177 90 109 (19) -20.8=A ~t~otal:Oper:E]~p.:-:-:-:-:-: :-:-:ZIi~6A: :.:.:b'S;93S: :.:.:25~108. .:.:2a,~18 .:.:~490. .:.:.:.5J9% Other Financin~ Uses* 8~111 20~861 15~220 15~220 - n/a [gt~!..E~pen. c~i~u, res.&.:.:.:.: :.:.:.:.:.:.:.: :.:.:.:.:.:.:.: :.:.:.:.:.:.:.:..:.:.:.:.:.:.:..:.:.:.:.:.:..:.:.:.:.:.:.: ============================= ::~:2~;~:S: :~?S;~: :$::~0;~;~i~: :~:~;~i~: :~:~;4.~:: :::::::¢.:/~ rot~ Firmr~ra uses am these ac relbes considered one time in nature. City Council City Council expenditures total $210K, which is above the ytd budget total of $197K by $13K or 7%. The unfavorable variance is due mainly to the additional 10K support to Airport Communities Coalition approved by Council, but not yet budgeted by ordinance. City Manager Activity through July total $381K, which is below the ytd budget total of $409K by $28K or 7%. Savings are due to one-time funded new programs. Municipal Court Municipal Court expenditures total $753K, which is above the ytd budget total of $665K by $87K or 13%. The variance is due to a higher than budgeted BI contract expenses. However, BI contract revenue more than offsets the expenditure increase. Public Works - Operations: Public Works Operating expenditures_are below July's ytd budget of $2.17M by $243K or 11%. Savings can be found in the timing of some contract payments and one-time funded new programs. Solid Waste and Recycling Operations: Expenditures are below ytd budget of $242K by $76K or 31%. Savings are due to the timing of grant payments. Surface Water Management Operations: Expenditures are below ytd budget of $1288K by $162K or 13%. Savings can be found in one-time funded new programs and salaries and benefits due to the late hiring of the new SWM Inspector. Public Safety Operations Police Services have expended $8.78M through July, which is below the ytd estimated budget of $8.94M by $164K or 2%. As shown in the table below, salaries and benefits are below the budget estimate but are offset by overages in overtime and termination pay. $ Vanance % Variance Annual Favorable Favorable Budgel YTD Budget YTD Actual (Unfavorable) (Unfavorable) Salaries/Wages 8,903,927 5,193,957 4,911,242 282,715 5.4~ P3 278,318 278,318 196,341 81,977 29.5~ Temp Help 60,216 35,126 35,126 IO0.OOA Overtime 255,000 148,750 338,371 (189,621) -127.5~A Termination Pay 37,099 (37,099) n/s Benefits 2,211,460 1,290,019 1,153,360 136,659 10.6~A 'total P~ ! Cost~ 11,708;921 6~946,i70 61636;413 309,757=1 4:5~ Year to day Police overtime is 42% or approximately $21 OK below the same period last year. There is an $18K increase in overtime for contracted services and the homeland security programs. When the increase from the billable overtimes is included, the total overtime is decreased by 36% or around $193K, during the first seven months of the year. Civil/Criminal Legal Services Law expenditures through July total $639K, which is below the ytd budget total of $934K by $294K or 32%. Savings can be found in Civil Legal Services salaries and benefits, ongoing outside legal counsel and public defender, and one- time funded programs. Management Services Management Services expenditures through July total $989K, which is below the ytd budget total of $1133K by $144K or 13%. Savings are due to one-time funded programs PS Overtime By Type Type 2002 2OO3 $ % Training 57,348 18,514 (38,834) -68% Court 23,697 31,754 8,057 34% Field Operation 373,493 205,161 (168,332) -45% SOAP 2,244 2,270 26 1% Other 42,795 31,191 (11,604) -27% City Portion 499,578 288,890 (210,688). -42% Contract or Grant $ 31,402 $ 44,424 $ 13,021 41% Homeland Sec. 5,057 5,057 NA Billable 31,402 49,481 18,079 58% GrandTotal $530,981 $338,371 ${192,610),-36% CitF of Federal Way July 2003 Monthly Financial Report As shown by the month to month overtime comparison graph, the decrease started in February and has stayed about half of last year's spending since March of this year. If the trend continues, we should end the year with around $550,000 of total overtime costs for a reduction of 40% from 2002. Police Overtime Expense $120,000 ~ -- --~-- 2002 ----~ 2003 $2O,0OO Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec The 2003 budget considers the elimination of the $25 court administration fee which was redirected to traffic school fee, and an additional $25 for other indirect costs. The budget also establishes a direct expenditure budget of $60K is to cover direct ongoing traffic school costs such as overtime and supplies, etc. The following is an analysis on traffic school activity. Thru July, revenues total $133K while expenditures total $33K, resulting in net revenues of $100K. Revenue I$ 39,412 $ 133,465 I$ 94,053 238.6% Expenditures: Overtime 20,907 29,150 (8,243) -39.4% Supplies 12, 599 3,750 8,849 70.2% Travel/Training 4,790, 4,790 100.0% Other Charges 42O 195 225 53.6% Capital 3,958 3,958 100.0% Total Expend 42,674 33,095 9,579 22.4% Rev Over/(Under) Exp $ (3,262) $ 100,370 $ 84,474 -2589.7% Jail Services The table below compares activity through June as July's invoices have not been received. Jail Se~ices is below the ytd budget of $675K by $75K or 11%. The annual budget of $1.34M may be slightly high when compared to 2002's annual total of $1.07M. !' :;' :.;.....:.~: ;:'-:. F-'".,"am~~ '['~.-~t, qi~'~F,.x~,~d'.: $.v,~. Janua~ $ 108.739 $ 104,341 $ 92,944 $11,397 10.9% Febma~ 1 ~2,436 108,264 86,453 21,.811 20.1% March 99,516 115,827 95,849 19,978 17.2% April ~,259 112,174 103,717 8,'497 7.5% May 75,907 121,090 110,778 10,311 8.5% June 74,045 113,~2 110,748 2,89~ 2.5~ July 92,830 129,861 August 91,360 118,729 September 89,959 111,390 O~o~r 79~ 586 104,878 ~ovem~r ~463 102,292 - Deem ~r 78,485 99~ 513 Parks and Recreation Parks Operations expenditures through July total $2.0M, which is $30lK or 13% below the ytd budget of $2.3M. Dumas Bay Center and Knutzen Family Theatre's expenditures exceed the ytd budget estimate, but are offset by higher than anticipated revenues. Kenneth Jones Memorial Pool Ytd pool expenditures total $114K and includes a $35K payment for the pool's continued operations under King County. This amount is net of the $76K one-time payment received from King County to be used for the operation and maintenance of the pool. Operating Revenue 314,000 $ 47,781 Transfer-In [rom Utility Tax 300,000 68,000 Salaries & Benefits 41,490 Supplies 9,007 King County Parks-lntedocel Agreement 34,631 Travel & Training 964 Other Services & Charges 1,787 Intergovernmental 421 Capital Improvements/Maintenance 16,423 Interfund Charges 9,120 The following table summarizes the total pool's activity under King County's continued operations. Revenues total $81K and expenses total $202K, resulting in net revenues of ($121K). Course Revenue 35,762 Rental Revenue 20,158 Point of Sale (Drop-In) 24,841 Salaries & Benefits 142,902 Supplies 5,644 Utilities 46,317 Other Svcs & Charges 7,336, 7 CitF of Federal WaF JulF 2003 MonthlF Financial Report Celebration Park: The following table is a breakdown of Celebration Park maintenance and operations. Ytd revenue of $224K consists of a $221K subsidy from the Utility Tax Fund, and $4K in concession fees. A portion of the revenues from ball field and field light rentals are accounted for in youth and adult athletic programs. M&O expenditures total $183K. Operating Revenue - Concession Fees $ 3,738 Transfer-In from Utility Tax 220,803 Salaries & Benefits 123,456 Supplies 17,074 Professional Services 3,328 Leases/Rentals 4,450 Electricity 20,808 Water & Sewer 4,974 Repairs & Maintenance 3,487 Interfund Charges 5,215 Recreation and Cultural Services: Direct program expenditures total $592K or 44.1% of the total annual budget of $1.34M not including indirect costs. Including indirect administration costs, recreation expenditures total $806K and are 47.1% of the total annual budget of $1.71M. Recreation fees total $454K and are 50.3% of the total annual budget of $902.5K. Recreation fees have recovered 76.6% of direct program costs and is 9.3% above the annual budgeted recovery ratio of 67.3%. Considering indirect administration costs, the recovery ratio is reduced to 56.4% or 3.6% above the annual budgeted recovery ratio of 52.8%. Dumas Bay Centre: Operating expenditures through July total $300K, which is $22K or 8% above the ytd budget of $278.4K. Dumas Bay Centre has recovered 99% of its operating expenses. Dumas Bay Centre operating revenues of $297K are also up by $28K or 10% compared to the ytd budget of $269K. Knutzen Family Theatre: Operating expenditures through July total $109K, which is $19K or 21% above the ytd budget of $90K. Operating revenues of $58K is also up $22K or 60% compared to the ytd budget of$36K. Knutzen Theatre has recovered 52.8% of its operating expenses. RECREATION & CULTURAL SERVICE PROGRAMS Aquatics 2,000 576 28.8% 20,621 12,159 59.0% 9.7% 4.75 Arts & Special Events 87,600 36,883 42.1% 105,950 69,279 65.4% 82.7% 53.2°A Youth Athletics 58,450 44,428 76.0% 86,801 32,828 37.8% 67.3% 135.3°A Adult Athletics 198,000 144,480 73.0% 112,981 83,330 73.8% 175.3% 173.4°A Community Recreation 165,500 104,329 63.0% 136,627 118,654 86.8% 121.1% 87.9°A Community Center 26,500 13,866 52.3% 87,555 40,032 45.7% 30.3% 34.6°A Recreation Inc 17,700 21,592 122.0% 52,076 36,241 69.6% 34.0% 59.6$ Youth Commission 500 64 12.8% 1,800 1,046 58.1% 27.8% 6.15 Red, White & Blue 24,700 22,123 89.6% 41,200 46,089 111.9% 60.0% n/a Senior Services 7,500 14,851 198.0% 82,301 39,235 47.7% 9.1% 37.9°A Kenneth Jones Pool 314,000 50,781 16.2% 614,000 113,473 18.5% 51.1% 44.8°A Administration 0.0% 386,977 213,170 58.1% n/a n/~ TOTAL RECREA'IION Y:" $ 453,971 $ $ DUMAS BAY CENTRE 98.9% Dumas Bay Centre 493,750 296,863 60.1% 493,786 300,122 60.8% 100.0% Knutzen Family Theatre 74,476 57,675 77.4% 177,050 109,228 61.7% 42.1% 52.8% TOTAL DUMAS BnY CE~ Sj ;!i' $68;2~, ,i]$ $54,537 { 6:.4%I $ 6~0,sas I $ 4o9;a$0 [, ~:0%t.,::......::.... ~.. ¢7%I :86.8aA] Arts Commission . I - n/a 85,745 18,123 i 21.1% n/a n/a Revenues do not incJude grants or operating transfers. Expenditures do not include residual equity transfers or other interfund contributions. City of Federal Way July 2003 Monthly Financial Report Special Revenue: Arterial Street 695,572 1,433,755 1,413,136 20,619 716,191 Utility Tax (1) 7,872,948 4,186,015 12,058,964 (7,872,948) (0} Solid Waste & Recycling 162,896 192,155 166,352 25,803 188,699 Special Study (Gov. TV) 106,511 936 5,576 (4,640)' 101,871 Hotel/Motel Lodging Tax 182,119 78,746 37,707 41,040 223,159 2% for the Arts 28,114 20,089 (20,089 8,025 CDBG (2) 5,943 50,082 64,982 (14,900) (8,957 Paths & Trails 51,592 5,381 · - 5,381 5.6,973 Capital Project: Public Safety Facility 7,440,966 70,612 1,877,691 1.948,303 9,389,269 Downtown Revitalization 1,031,140 1.031,140 (1,031,140 0 Unallocated 1997 Bond Proceeds 20,365 20,365 (20,365) (0) Community/Senior Center/Pool 623,068 64,322 558,746 558,746 Celebration Park 107,908 3,404 3,404 111,312 Park Improvements 574,042 816,070 467,268 348,8O2 922.844 Surface Water Management 6,634,716 726.271 503,715 222,555 6,857,272 Transportation 8,092,939 7,549,723 5,849,960 1,699,763 9,792,702 Enterprise Funds: Surface Water Management 487,502 1,689,808 1,916,283 (226,475) 261,028 Dumas Bay Centre Operations 296,863 300,122 (3,259) (3,259) Dumas Bay Centre Capital 162,098 173.446 155,932 17.514 179.612 Knutzen Family Theatre Capital 99,660 1,286 1,286 100,946 Knutzen Family Theatre Operations 157,675 109,228 48,447 48,447 :db::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::60: ::::::::::::::::2::::::::: :::::::::::::::::::::::::5: :::::::::::::::::::::::5::::::::::::::::::::::5:::~73: Internal Service Funds: (3) Risk Management 4,057,551 476,797 413,935 62,862 4,120,413 Information Systems 1,962,972 960,174 940,486 19,687 1,982,659 Mail & Duplication 140,528 128,614 91,478 37,137 177,664 Fleet & Equipment 2,119,918 794,120 879,577 (85,457) 2,034,461 Buildings & F~.:,:i.,";',,;~.: ~,,';.?, 63.1 2.:~ ,"." 5 1G :.~,,~ 6,7 "31 ~-¢ Sdb~'~.l..!~te~al S~,rvice Fund~ 9.090, 603 2,607, 770 2, 506, 507 . ! 01,263 9,19 f, 866 (1) Utility Tax and Debt Service fund balance is reserved for the payment of debt service. (2) CDBG deficit fund balance due to timing of grant reimbursements. (3) Internal Service fund balance is cornpdsed of accumulated replacement reserves for the purpose of fixed asset replacement, with the exception of Risk Management, which is comprised of accumulated reserves for self-insurance and strategic reserve. ATTACHMENT A CITY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through July 2003 1998 - 2003 Beginning Fund Balance '$ 13,915,993 i $ 17,580,138,!$18'050'656 !520,817,900 $22,799,494 J $, 24,275,991 iS 24,598,825lis 24,598,825 [$ 0 0.0'~ Operating Revenues [ I i I i I I Property Taxes ,~ 3,340,359 I 3,539,178 i 3,654,326 3,783,078 3,985,424 7,777,226 4,198,610 4,198,610 0.05 Sales Tax 4,948,708 i 5,358,886 5,945,859 5,931,394 6,120,065 10,999,574 6,263,213 5,986,788 (276,425) -4.4% HoteVMotel Lodging Tax - 9,942 53,499 78,921 60,754 134,000 65,750 76,695 ~ 10,945 16.6% ~dminal Justice Sales Tax , 752,020I 819,114i 912,013 959,394~ 909,980 1,611,3691 907,803 J 899,310I (8,493) -0.9% Intergovernmental 'r 3,096,278i 3,120,538 i 2,824,146 2,408,741 2,051,137 3,345,546 1,927,557 i 1,698,404I (229,152) -11.9% Real Estate Excise Tax I 1,287,594; 1,250,726 1,227,928 995,518 1,375,204 1,900,000 1,028,231 i 1,664,780 ' 636,549 61.95 Gambling Taxes~1 176,005 856,660 902,165 1,337,285 1,259,564 1,850,000 i 1,095,004 1,143,407 48,403 4.4% LJtility TaxesI 2,859,885 3,161,675 3,357,673 3,798,400 3,869,671 7,747,611 i 4,665,386 4,123,772, (541,613) -11.6o/ C, ourt Revenue ~ 487,804 491,206 i 523,825 516,504 409,296 1,018,813 ' 555,510 i 681,894 i 126,383 22.8% Building Permits/Fees-CD I 505,718 848,569 ! 621,674 616,532 930,248 1,179,816 704,823 i 799,020 94,197 13.49 Expedited Review Fees-CD ~ 7,390 , 58,208 62,381 62,791 45,205 '~ - 113,023 I 113,023 0.0% 218,166 (2,295) -1.0% ROW Permits/Fees-PW i 130,911 I 131,898 170,432 209,833 171,158 369,455 220,461 I Expedited Review Fees-PW .I 40,345 28,310 15,962 38,652 24,556I 24,556 ! 0.0% Licenses 31,317 96,466 60,487 55,516 80,177 142,100 73,750 i 48,782 (24,968) -33.9% Franchise Fees ! 344,922 353,299 , 366,550 429,580 472,568 621,964 463,707 501,495 37,788 8.1% Passport Agency Fees - i- 8,100 8,100 n/a Recreation Fees 299,102 ! 399,723 347,139 395,003 427,749 930,450 406,759 454,713 47,954 11.8% Dumas Bay Centre 185,912 ! 272,427 262,342 324,829 282,667 ~ 493,750 269,268 296,863 27,595 10.2% Knutzen Family Theatre 27,761 ~ 33,948 42,630 47,167 69,976 36,123 57,675 21,552 59.7% Interest Earnings 397,389 577,432 615,002 600,603 260,808 743,621 409,718 263,618 (146,101) -35.7% Admin/Cash Mgmt Fees 96,827 98,280 99,335 277,844 276,512 526,592 263,296 307,179 43,883 16.7% SWM Fees i 1,602,663 1,620,989 1,603,172 1,558,152 1,615,029 3,432,770 1,711,884 1,686,585 (25,299) -1.5% Refuse Collection Fees 85,447 86,840: 71,680 87,834 106,725 ~ 165,240 I 110,160 122,624 12,464 10.2% Police Services 84,982 198,842 i 467,454 514,146 491,843 926,082 609,369 595,315 (14,053) -2.3% Miscellaneous/Other 932,304 63,925 40,449 40,463 65,386 98,292 48,479 69,604 21,126 43.6% Operating Expenditures City Council 126,461 [ 138,355 149,329 156,484 196,031 260,050 197,421 210,450 (13,029) -6.6% City Manager 341,543 328,610 251,653 379,710 408,313 691,203 408,638 380,985 27,653 Municipal Court-Operations - 401,639 705,860 705,860 1,210,569 665,087 752,582 (8.7,495) -13.2% Management Services 911,926 949,581 900,227 950,312 972,428 2,005,360 1,133,133 989,247 143,886 12.7% Civil/Criminal Legal Services 902,724 930,859 727,612 674,452 840,050 1,448,586 933,817 639,492 294,326 31.5°/, Comm. Development Svcs 1,547,790 1,600,245 I 1,727,462 1,727,462 1,670,263 ~ 3,662,187 2,091,330 1,946,584 144,746 6.9% Police Services I 6,331,388 6,777,282 7,396,087 7,732,424 8,057,278 15,572,132 8,940,151 8,776,413 163,737 1.8~ Jail Services I 425,320 731,976 815,294 721,825 554,903 1,342,000 675,338 600,490 ~ 74,848 11.1°/, Parks and Recreation ! 1,595,213 1,671,563 1~747,605 1,798,685 1,785,094 4,041,628 2,299,491 1,998,864 300,627 13.1% Public Works 1,766,180 1,607,312 1,685,410 1,743,350 1,91t,003 4,090,497 2,167,938 1,924,486 243,453 11.2% City Oveday Program 40,590 433,495 556,617 166,671 836,148 2,379,347 1,413,136 1,413,136. 0.0% Solid Waste 171,05O 132,250 167,229 198,006 171,226 420,855 241,998 166,352 75,646 31.3% Hotel/Motel Lodging Tax - ~ - 33,030 10,763 71,606 311,797 37,707 37,707 0.0% Surface Water Management 758,116 i 897,590 940,093 1,170,644 991,084 2,198,152 1,288,264 1,126,516 161,748 12.6% Debt Service I 1,040,824 2,267,244 2,250,896 2,261,379 2,226,010 15,630,394 2,245,684 2,245,684 0.0% Dumas Bay Centre 221,763 272,284 276,653 317,947 282,938 493,786 278,363 300,122 (21,758) -7.8% Knutzen Family Theatre 57,782 98,405 94,341 83,848 177,050 90,419 109,228 (18,809) -20.8% Total Operating Expenditures 16,180,888 18,796,426 20,125,241 20,810,315 21,764,083: 55,935,594 25,107,915 23,618,337 1,489,577 5.9% Operating Revenues over/(under) 4,126,548 4,230,637 3,588,907 (9,851,347) 1,064,523 2,422,639 1,358,115 Operating Expenditures I 5,472,948 4,686,50t 127.6% Other Financing Sources 2,347,060 2,250,976 2,149,941 4,937,475 4,464,693 16,055,663 12,056,216 12,056,216 0.0% Other Financlng Uses 2,034,372 ! 9,253,813 i 11,425,326 9,831,358 8,110,751 20,860,788 15,219,921 ~ 15,219,921 0.0% Ending Fund Balance ! i I I, Solid Waste i 206,232 273,047 230,142 247,647 267,379 I 71,971 - 188,699 n/a n/a Arterial Street I 1,640,449 i 1,411,641 1,110,886 1,682,419 1,259,494 / 0 - 716,191 n/a n/a Utility Tax I 1,748,541 ~ 3,435,324 4,896,519 3,845,764 5,646,879 I 31 - (0) n/a n/a~ Snow & Ice Removal I 100,000 100,000 100,000 100,000 100,000 i 100,000 - 100,000 I n/a n/; Surface Water Management ] 1,849,241 793,111 1,520,426 (72,012) (106,820)[ 992,700 - 261,028 I n/a n/; Path & Trails : 8,422 17,648 28,049 38,543 46,618 60,892 - 56,973 I n/e n/e Strategic Reserve 2,029,993 2,005,408 2,059,491 2,160,794 - - n/a n/; Debt Service 4,627,850 ! 4,537,723 3,684,190 7,716,235 6,607,734 I 3,872,572 - 13,824,748 n/a n/~ Dumas Bay Centre Operations ( 14,164) I 18,875 1,112 9,012 403 3,465 - (3,259) n/a n/~ Knutzen Family Theatre I 30 256 I 72,685 52,315 49,956 62,951 - 48,447, n/a , n/~ Police ', 3901409I 439,699 317,066 605,119 564,785 j 427,838 - 532,286 n/a n/~ P3 i 300,000 I 300,000 300,000 300,000 300,000 i 300 000 - ! 300,000 n/an/~n/~ Interfund Loans~ 10,000 i 10,000 [ 10,000 10,000 10,000I 10,000 - . 30,500 n/a Unreserved 6 774 100 1 848 642 (1,408,376) [ , , . 3,461,178 7,982,919 3,780,049 - 7,802,147 n/a , n/; 8/21/20039:54 AM 03 MFR TABLESSUMMARY ~o CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Amendments to Chapter 22 (Zoning) of the Federal Way Municipal Code to Address Regulations For Churches In Single Family Residential Zones (Amending Ordinance No. 03-443) CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) Adoption Ordinance with Exhibit A. 2) July 2, 2003, Memorandum to the Land Use/Transportation Committee (LUTC) with Exhibits A-C. SUMMARY/BACKGROUND: Ordinance No. 03-443 was adopted by the City Council on May 20, 2003, and became effective on May 29, 2003. At the time that it was being forwarded to the codifier, staff realized that there were several typographical errors on Use Zone Chart, Section 22-635, relating to churches in Single Family Residential Zones. Note 3 pertaining to allowing a rectory on-site and Note 4 requiring the church site to be adjacent to a collector or right-of-way had been inadvertently struck out, and language relating to facade length, that was intended to be struck out, had been retained. The attached Ordinance (Attachment 1) would correct these errors. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed corrections during a public meeting on July 7, 2003. At that meeting, the LUTC recommended forwarding the Adoption Ordinance with the corrected Use Zone Chart (Exhibit A) to the full Council for first reading on August 5, 2003. PROPOSED MOTION: "I move approval of the corrections to Ordinance No. 03-443 to second reading on September 2, 2003." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED lSV READING TABLED/DEFERRED/NO ACTION ENACTMENT READING MOVED TO SECOND READING (ordinances only) ORDINANCE # : ' g 'g ..... g ' y ' 8~(/51~ . 3:43 PM ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS REGULATIONS FOR CHURCHES IN SINGLE FAMILY RESIDENTIAL ZONES (AMENDING ORDINANCE NO. 03-443) 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); and WHEREAS, the City Council adopted Ordinance No. 03-443 on May 20, 2003, amending FWCC Chapter 22 relating to design guidelines and definition of height; and WHEREAS, typographical errors were made in Ordinance No. 03-443, and the City Council wishes to correct the mistakes by adopting a corrected version of Ordinance No. 03-443; and WHEREAS, the City Council finds that the code amendment is consistent with intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. FWCC, Chapter 22, Section 635 is amended as set forth in the attached Exhibit A. Section 2. Severabili _ty. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No. ~ Page 1 Section 4. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ., 2003. APPROVED: ATTEST: Mayor, Jeanne Burbidge City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: K:\CD Planning~Design Guidelines & Definition of Height~City Council\Correction to Ordinance 03-443.doc/07/29/2003 3:42 PM Ord No. _, Page 2 CITY OF ~ Federal Way MEMORANDUM July 2, 2003 TO: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land Use/Transportation Comp~ee (LUTC) David Moseley, City Manager(~ ~ Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner Janet Shull, Planning Consultant Correction to Ordinance No. 03-443 - Design Guidelines and Definition of Height (FWCC, Section 22-635, Churches, etc.) July 7, 2003 I. BACKGROUND Ordinance No. 03-443 was adopted by the City Council on May 20, 2003 and became effective on May 29, 2003 (Exhibit A). At the time that it was being forwarded to the codifier, staff realized that Note 3 pertaining to allowing a rectory on-site and Note 4 requiring the church site to be adjacent to a collector or right-of-way had been inadvertently struck-out for single-family residential zones only (Exhibit B). This change was not intended to be adopted and was never presented nor discussed at the Planning Commission public hearings on March 5, and March 19, 2003 or at the Land Use Transportation public meeting on April 21, 2003. II. STAFF REQUEST Staff is requesting the LUTC to recommend to the City Council that the Use Zone Chart, FWCC, Section 22-635 as shown in Exhibit C be adopted in lieu of that version adopted as part of Ordinance 03 -443. III. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed correction as requested by staff. 2. Recommend that the full Council modify and then approve the proposed correction. 3. Recommend that the full Council disapprove the proposed correction. Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adopt the corrected language. IV. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Staff. As recommended by Planning Staff and amended by the LUTC. ApPROV~ OF CO~i~E ACTION: Er~ Dean McCol LIST OF EXHIBITS Exhibit A Ordinance No. 03-443 with attachments Exhibit B FWCC, Section 22-636. Churches, etc. as adopted by Ordinance No. 03-443 Exhibit C Proposed correction of FWCC, Section 22-636. Churches, etc. K:\CD Planning~Design Guidelines & Definitim of Height\LUTC\070703 Memo RS Use Zone Chart Correction.DOC/07/02/20034:51 PM Amendments to Business Park Zoning Charts Follow-up Research File #03-101758-00-UP Page 2 EXHIBIT A CITY OF FEDERAL WAY ORDINANCE NO. 03 - 443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIX OF THE CITY CODE --DESIGN GUIDELINES AND DEFINITION OF HEIGHT WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning) relating to maximum fagade length, modulation, roof pitch, and other miscellaneous standards for institutional uses, and height for churches will provide for more flexibility and improved design options · for institutional buildings; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on March 5, and March 19, 2003, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on April 21, 2003, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the code amendments relating to maximum fagade length, modulation, roof pitch, and other miscellaneous standards for institutional uses, and height for churches are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No. 03 -443, Page i NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. LUG 3 Preserve and protect Federal Way's single-family neighborhoods. L UP15 Protect residential areas from impacts of adjacent non-residential uses. The proposed amendments bear a substantial relationship to public health, safety, or welfare because they will result in more aesthetically pleasing institutional buildings throughout the City, while ensuring compatibility with adjacent residential areas. and The proposed amendments are in the best interest of the residents of the City because they will supplement existing development standards and clarify various code sections. Clarification of City codes is in the best interests of the residents of the City. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Ord No. 03 -443, Page 2 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the 20 day of 1~7 ., 2003. APPROVED: OR, JEANNE BURBIDGE ATTEST: APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: .~/30/03 5/2o/03 5/z6/03 5/29/03 03-443 K:\CD Planning~Design Guidelines & Definition of Height~LUTC~Adoption Ordinance.doc/04/29/2003 4:09 PM Ord No. 03.663, Page 3 EXHIBIT A FEDERAL WAY CITY CODE Chapter 22, "Zoning" 22-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Average building elevation (ABE) means a reference datum on tile surface topvglaphy of a subject property from which building height is measured. Tile lefeLeLlcu datum ~hall boa print no higher than five feet abvve tile lowest elevation taken at ally exterim Wall of tile ~tructule either palm to ally develvpment activity ut at finiuhed glade, whichever is lvwel, plvvided tile lefelence datum is equal lvm lvweL than thc highest elevaiimt at any uxiurim wall of ihe ~tt uctm u pt ivl lv development activ try. ABE ;_s the ~verage of the-highest and lowest e×isti_ng or proposed_ele.v-atio_n& whi_ehever is !owes~_~ taken at the base of the exterior w_~_!!s of t~he_ st_r~_~clare; provided tha_t ABE shall not be gre~ter than We feet ~bove the_lowest e×isti_n_g_or proposed elevation_ Allowed 1 ........ ~ ........ Lowest Reference Highest Elevation datum (ABE) Elevation Height of structure means the vertical distance above the average building elevation measured to the highest point'ofthe coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highe~ gable of a pitched w hipped my frei -d_qmi~t __hetw.. een cave a_n_d ridge of ~_be_highest principal roof of-a_gab!e~hip,gambre!~ or similar sloped_roo£ For s!ngle-fa~ structures where the total roof area-of-dorme_rs,~xceeds 35 percent of the_tot_a! ares of t_he under!ying_slope4 roof~eight-wil! be _measured_tolhe_dd~f t_heAfighestqmiacipalgable. Sections: 22-1630 22-1631 22-1632 22-1633 22-1634 22-1635 22-1636 22-1637 22-1638 22-1639 22-1640 Article XIX. COMMUNITY DESIGN GUIDELINES Purpose. Administration. Applicability. Definitions. Site design - All zoning districts. Building design - All zoning districts. Building and pedestrian orientation - All zoning districts. Mixed-use residential buildings in commercial zoning districts. District guidelines. Design criteria for public on-site open space. Design for cluster residential subdivision lots. 22-1641 - 22-1650 Reserved. 22-1630 Purpose. The purpose of this article is to: (1) Implement community design guidelines by: a. Adopting design guidelines in accordance with land use and development policies established in the Federal Way comprehensive plan and in accordance with Crime Prevention through Environmental Design (CPTED) Guidelines. b. Requiring minimum standards for design review to maintain and protect property values and enhance the general appearance of the city. c. Increasing flexibility and encouraging creativity in building and site design, while assuring quality development pursuant to the comprehensive plan and the purpose of this article. d. Achieving predictability in design review, balanced with administrative flexibility to consider the individual merits of proposals. e. Improving and expanding pedestrian circulation, public open space, and pedestrian amenities in the city. (2) Implement Crime Prevention through Environmental Design (CPTED) principles by: a. Requiring minimum standards for design review to reduce the rate of crime associated with persons and property, thus providing for the highest standards of public safety. b. CPTED design principles are functionally grouped into the following three categories: 1. Natural Surveillance. This focuses on strategies to design the built environment in a manner that promotes visibility of public spaces and areas. 2. Access Control. This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access. 3. Ownership. This category focuses on strategies to reduce the perception of areas as "ownerless" and, therefore, available for undesirable uses. c. CPTED principles, design guidelines, and performance standards will be used during project development review to identify and incorporate design features that reduce opportunities for criminal activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices about their targets. In general: 1. The greater the risk of being seen, challenged, or caught; the less likely they are to commit a crime. 2. The greater the effort required, the less likely they are to commit a crime. 3. The lesser the actual or perceived rewards, the less likely they are to commit a crime. d. Through the use of CPTED principles, the built environment can be designed and managed to ensure: Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File//03-100842-00-UP Page 2 1. There is more chance of being seen, challenged, or caught; 2. Greater effort is required; 3. The actual or perceived rewards are less; and 4. Opportunities for criminal activity are minimized. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99- 333, § 3, 1-19-99;'Ord. No. 01-382, § 3, 1-16-01) 22-1631 Administration. Applications subject to community design guidelines and Crime Prevention through Environmental Design (CPTED) shall be processed as a component of the governing land use process,.and the director of community development services shall have the authority to approve, modify, or deny proposals under that process. Decisions under this' article will consider proposals on the basis of individual merit and will encourage creative design alternatives in order to achieve the stated purpose and objectives of this article. Decisions under this article are appealable using the appeal procedures of the applicable land use process. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 01-382, § 3, 1-16- 01) 22-1632 Applicability. This article shall apply to all eommerc:~a!, effiee, ~"~ ~,,~,,o,r~ development applications, in cemmercial zones except single-family residential, subject to FWCC 22, Zonings. and which':,'ere submi~ed for rev:.ew ~c~,~. ~,,~,, ~, !996, and shall apply to any non single c~ .....:~-*~ ~ .... ' .....* ~*;~- ;- ~y zon~ .,throb ..... submi~ed a~er Janua~' ~c , ooo CPTED guidelines ~-~ p~r ....... ,~.~.~o ~h~, ~o~ .pp,y .... ;.,~ ...... ~;o~+; ...... ; ...... ;~. +~ +h~ ~rr~+;,,~ ~,~ ~t ,h ..... a~.+o Project proponents shall demonstrate how each CPTED design principle is met by the proposal, or why it is not relevant by either a wriaen explanation or by responding to a checklist prepared by the ciW. Subject applications for remodeling or expansion of existing developmen~ shall meet only those provisions of this a~icle that are dete~ined by the director to be reasonably related and applicable to the area of expansion or remodeling. ~is ~icle in no way should be construed to supersede or modi~ any other ciW codes, ordinances, or policies ~at apply to the proposal. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 99-333, ~ 3, 1-19-99; Ord. No. 01-382, 22-1633 Definitions. (1) Active use(s) means uses that by their very natui'e generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. (2) Arcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. (3) Awning means a roof-like cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. (4) Canopy means a permanent, cantilevered extension of a building that typically projects over a pedestrian walkway abutting and running along the facade of a building, with no habitable space above the canopy. A canopy roof is comprised of rigid materials. (5) Common/open space area means area within a development, which is used primarily by the occupants of that development, such as an entryway, lobby, courtyard, outside dining areas, etc. (6) Natural surveillance means easy observation of buildings, spaces, and activities by people passing or living/working/recreating nearby. (7) Parking structure means a building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File 1/03-100842-00-UP Page 3 (8) Plaza means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features include special paving, landscaping, lighting, seating areas, water features, and art. (9) Public on-site open space means a space that is accessible to the public at all times, predominantly open above, and designed specifically for use by the general public as opposed to serving merely as a setting for the building.. (10) Right-of-way means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, and land privately owned, used primarily for the · movement of vehicles, wheelchair and pedestrian traffic; so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a Public right-of-way. (I 1) Sight line means the line of vision from a person to a place or building. (12) Streetscape means a term in urban design that defines and describes the character and quality of a street by the amount and type of features and furnishings abutting it. Such features and furnishings may include trees and other landscaping, benches, lighting, trash receptacles, bollards, curbing, walls, different paving types, signage, kiosks, trellises, art objects, bus stops, and typical utility equipment and appurtenances. (13) Surface parking lot means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. (14) Transparent glass means windows that are transparent enough to permit the view of activities within a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is permitted, provided a reasonable level of visibility is achieved. Reflective or very dark tinted glass does not accomplish this objective. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 01-382, § 3, 1-16-01) 22-1634 Site design - All zoning districts. (a) General criteria. (1) Natural amenities such as views, significant or unique trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (3) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (4) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (5) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple family residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of these methods result in increased effort to commit a crime, and therefore, reduce the potential for it to happen. (7) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandal ism are generally more intimidating than areas that do not display such characteristics. Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File//03-100842-00-UP Page 4 (b) Surface parking lots. (1) Site and landscape design for parking lots are subject to the requirements of Article XVII of this chapter. (2) Vehicle turning movements shall be minimized, Parking aisles without loop access' are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to minimize .the number of driveways and curb cuts. (4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (5) See FWCC 22-1638 for supplemental guidelines. (c) Parking structures (includes parking floors located within commercial buildings). (1) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized'by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (2) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials. (3) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWCC 22-1635(c)(2), on facades located above ground level. (4) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not permitted. (6) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to landscaping, planters, and decorative grilles and screens. (7) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain-link fencing is not permitted for garage security fencing. (8) See FWCC 22-1638(e)(4) for supplemental guidelines. (d) Pedestrian circulation and public spaces. (1) Primary entrances to buildings should be clearly visible or recognizable from the right-Of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking lots to primary · entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. Design Guidelines & Definition of Height Code Amendments Exhibit A 02002 Code Publishing Co. File #03 - 100842-00-UP Page 5 l~igm'e 2- S~, 22- 1634 P~l~ia~ ~;nneu-t~n$ (3) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights-of-way. (4) Bicycle racks should be provided for all commercial developments. (5) Outdoor furniture, fixtures, and streetseape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, etc., should be incorporated into the site design. (6) See FWCC 22-1638 for supplemental guidelines. (e) 'Landscaping. Refer to Article XVII of this chapter for specific landscaping requirements and for definitions of landscaping types referenced throughout this article. (f) Commercial service and institutional facilities. Refer to FWCC 22-949 and 22-1564 for requirements related to garbage and recycling receptacles, placement and screening. (1) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: a. Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. b. Trash and recycling receptacles shall include covers to prevent odor and wind blown litter. c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. d. Chain-link fencing shall not be used where visible from public streets, on-site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File #03-100g42-OO-UP Page 6 (2) Site utilities shall comply with the following: a. Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. b. Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (g) Miscellaneous site elements. (1) Lighting shall comply with the following: a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC 22-954(c). b. Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut~off shields to prevent off~site glare. c. Light standards shall not reduce the amount of landscaping required for the project by Article XVII of this chapter, Landscaping. (2) Drive-through facilities such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: Design Guidelines & Definition of Height Code Amendments Exhibit A (}2002 Code Publishing Co. File #03-100842-00-UP Page 7 a. Drive-through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate screening. b. The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type Ili landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. c. Drive-through speakers shall not be audible off site. d, A bypass/escape lane is recommended for all drive-through facilities. e. See FWCC 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99- 333, § 3, 1-19-99; Ord. No. 01-382, § 3, 1-16-01) 22-1635 Building design - All zoning districts. (a) General criteria. (1) Emphasize, rather than obscure, natural topography. Buildings should be designed to"step up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation; or the proposed function or use of the site. Empha~..t~g nal,.,ral (2) Building siting or massing shall preserve public viewpoints as designated by the Comprehensive Plan or other adopted plans or policies. (3) Materials and design features of fences and walls should reflect that of the primary building(s). (b) Building facade modulation and screening options, defined. All building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII of this chapter, Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case-by-case basis; provided, that the gross area ora pedestrian plaza may not be less than the specified minimum of 200 square feet. See FWCC 22-1638(c) for guidelines pertaining to city center core and city center frame. (1) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60 feet. Alternative methods to shape a building such as angled or curved facade elements, off-set planes, wing walls and terracing, will be considered; provided, that the intent of this section is met. Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File #03-100842-00-UP Page 8 J (2) Landscape screening. Eight-foot-wide Type II landscape Screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Article XVII of this chapter, Landscaping, may be considered in meeting the landscape width requirement of this section. Figure- 7- See. 22 -1635 0a) (3) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. (4) Pedestrian Plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File//03 - 100842-00-UP Page 9 -t (c) Building articulation and scale. (1) Building facades visible from rights-of-way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in subsection (c)(2) of this section. Design Guidelines & Definition of Height Code Amendments Exhibit A 02002 Code Publishing Co. File #03-100842-00-UP Page 10 E,h~sa Fl~,lm- 13 ~Oc. 23 I fi.'15 V~.'tlcal belils t.andt,~-,~ping L,L~ PJa4,d~d IJ,UIL'~d pl~,~ d ~. (2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWCC 22-1564(u) and subsection (c)(1) of this section: a. Showcase, display, recessed windows; b. Window openings with visible trim material, or painted detailing that resembles trim; be_. Vertical trellis(es) in front of the wall with climbing vines or similar planting; od. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; de. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts commission may be Used as an advisory body at the discretion of the planning staff); et'. Architectural features such as setbacks, indentations, overhangs, projections, articulated comices, bays, reveals, canopies, and awnings; fg. Material variations such as colors, brick or metal banding, or textural changes; and gh. Landscaped public plaza(s) with space for vendor carts; concerts and other pedestrian activities. (3) See FWCC 22-163 8(c) for supplemental guidelines. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 01-382, § 3, 1-16-01) Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File #03-100842-00-UP 'Page 11 22-1636 Building and pedestrian orientation - All zoning districts. (a) Building and pedestrian orientation. (1) Buildings should generally be oriented to rights-of-way, as more particularly described in FWCC 22-1638. Features such as entries, lobbies, and display windows, should be oriented to the right-of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof, should be incorporated into the street-oriented facade ~a ..... , ,,,~,,~,, + .... ~a~,+~,,~ ..... ~ (2) Plazas, public open spaces and entries Should be located at street corners to optimize pedestrian access and use. (3) All buildings adjacent to the street should provide visual access from the street into human services and activities within the building, if applicable. (4) Multiple buildings on the same site should incorporate public spaces (formal or informal). These should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to provide a clear view to destinations, and to create a unified, campus-like development. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 01-382, § 3, 1-16-01) 22-1637 Mixed-use residential buildings in commercial zoning districts. (a) Ground level facades of mixed-use buildings that front a public right-of-way shall meet the following guidelines: (1) Retail, commercial, or office activities shall occupy at least 20 percent of the gross ground floor, area of the building (unless exempt from this requirement by FWCC district zoning regulations). (2) If parking occupies the ground level, see FWCC 22-1634(c). Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File//03 - 100842-00-UP Page 12 (3) Landscaped gardens, courtyards, or enclosed terraces for private use by residents should be designed with minimum exposure to the right-of-way. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19- 99; Ord. No. 01-382, § 3, 1-16-01) 22-1638 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (a) Professional office (PO), neighborhood business (BN), and community business (BC). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacen{ to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should incorporate windows and other methods of articulation. ·. (3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right-of-way or pedestrian area. (4) If utilized, chain-link fences visible from public rights-c~f-way shall utilize vinyl-coated mesh and powder-coated poles. For residential uses only: (5) Significant trees shall be retained within a 20'-foot perimeter strip around site. (6) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (7) Parking lots should be broken up into rows conta!ning no more than 10 adjacent stalls, separated by planting areas. (8) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. (9) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. This shall not apply to public parks and school stadiums and other comparable large institutional uses. The maximum height for large institutional uses shall be 30 feet and shall include cutoff shields. Figure ~6 - Sc-c. 22 - 1638 (a) (10) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File #03-100842-00-UP Page 13 (11) Common recreational spaces shall be located and arranged so that windows overlook them. b"i~ate 18 - .~. 22- 16~8 (12) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Fi~ 19- S¢,, 22- I655 (13) All new buildings, including accessory buildings, such as carports and garages shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Figur~ ~.0 - S~g. 2~ - 1638 Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing .Co. File//03-100842-00-UP Page 14 (14) Carports and garages in front yards should be discouraged. (15) The longest dimension of any building facade shall not exceed 120 feet. Buildings on the same site may be connected by covered pedestrian walkways. (16) Buildings should be designed to have a distinct"base", "middle" and "top" The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection by comparison may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a fiat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. Ftg~rc 2i - ,~'c, 22 - 1638 (17) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (b) Office park (OP), corporate park (CP), and business park (BP). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d). (2) Buildings with ground floor retail sales or services should orient major entrances, display windows and other pedestrian features to the right-of-way to the extent possible. (3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right-of-way or pedestrian area. (4) If utilized, chain-link fences visible from public rights-of-way shall utilize vinyl-coated mesh and powder-coated poles. For non-single-family residential uses only: (5) Subsections (a)(5) through (A)(17) of this section shall apply. (c) City center core (CC-C) and city center frame (CC-F). (1) The city center core and frame will contain transitional forms of development with surface parking areas. However, as new development or re-development occurs, the visual dominance of surface parking areas shall be reduced. Therefore, surface parking areas shall be located as follows: a. The parking is located behind the building, with the building located between the right-of-way and the parking areas, or it is located in structured parking; or b. All or some of the parking is located to the side(s) of the building; or c. Some short-term parking may be located between the building(s) and the right-of-way, but this shall not consist of more than one double-loaded drive aisle, and pedestrian circulation shall be provided pursuant to FWCC 22-1634(d). Large retail complexes may not be able to locate parking according to the above guidelines. Therefore, retail complexes of 60,000 square feet 0fgross floor area or larger may locate surface parking between the building(s) and the right-of-way. However, this form of development shall provide for small building(s) Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File #03-100842-00-UP Page 15 along the right-of-way to break up and reduce the visual impact of the parking, and pedestrian circulation must be provided pursuant to FWCC 22-1634(d). For purposes of this guideline, retail complex means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is located or will locate. (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should incorporate windows and other methods of articulation. (3) Building facades that are visible from a right-of-way and subject to modulation per FWCC 22- 1635(b), shall incorporate facade treatment as follows: a. The facade incorporates modulation and/or a landscape screening, pursuant to FWCC 22- 1635(b); and b. The facade incorporates an arcade, canopy or plaza; and/or one or more articulation element listed in FWcc 22-1635(c)(2); provided, that the resulting building characteristics achieve visual interest and appeal at a pedestrian scale and proximity, contribute to a sense of public space, and reinforce the pedestrian experience. (4) Drive-through facilities and stacking lanes shall not be located along a facade of a building that faces a right-of-way. (5) Above-grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right-of-way. (6) Facades of parking structures shall be articulated above the ground level pursuant to FWCC 22- 1635(c)(1). (7) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (8) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used. For non-single-family residential uses only: (9) Subsections (a)(5) through (a)(17) of this section shall apply. (d) For all residential zones. (1) Non-residential uses, Subsections (a)(5) through (a)(10) and (a)(13) through (a)(17) of this section shall apply. (2) Non-single-family residential uses. Subsections (a)(5) through (a)(17) of this section shall apply. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 01-382, § 3, 1-16-01) 22-1639 Institutional uses. (a) In all zoning districts ~vhere such uses are permitted the following shall apply. (1) Sections 22-1634, 22-1635, and 22-1636. (2) Subsections 1638(a)(1) through (a)(5) and (a)(7) through (a)(?). (3) Building facades that exceed 120 feet in length and are visible from an adiacent residential zone, right-of-way or public park or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to ten percent of the total length of the subject faqade and the minimum width shall be a_p_proximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. (4) Roof design shall utilize forms and materials that avoid the general appearance ora "flat" roofi Rooflines with an integral and obvious architectural pitch are an approved method to meet this guideline. Alternative distinctive roof forms such as varied and multiple stepped rooflines, architectural parapets, articulated cornices and fascias, arches, eyebrows, and Design Guidelines & Definition of Height Code Amendments Exhibit A ©2002 Code Publishing Co. File/t03-100842-00-UP Page 16 similar methods will be considered by the director provided that the roof design minimizes uninterrupted horizontal planes and results in architectural and visual appeal. (5) Alternative methods to organize and shape the structural elements of a building and provide faqade treatment pursuant to Subsection 1635(b) and/or (3), above~ will be considered by the director as part of an overall design that addresses the following criteria: a. Fa~;ade design incorporates at least two of the options listed at Subsection 1635(b); b. The location and dimensions of structural modulations are proportionate to the height and length of the subject facade, using Subsections 1635(b) and (3) above, as a guideline; c. Fa¢ade design incorporates a majori .ty of architectural and accessory, design elements listed at Subsection 22-1635(c)(2) and maximizes building and pedestrian orientation pursuant to Section 22-1636; and d. Overall building design utilizes a combination of structural modulation, faqade treatment, and roof elements that organize and vary building bulk and scale, add architectural interest, and appeal at a pedestrian scale, and when viewed from an adjacent residential zone, rights-of-way, or other public area, results in a project that meets the intent of these guidelines. (6) The director may permit or require modifications to the parking area landscaping standards of Subsection 1638(a)(7) for landscape designs that preserve and enhance existing natural features and systems, provided that the total amount of existing and proposed landscaping within parking area(s) meets the applicable square footage requirement of FWCC Article XVII, Landscaping~ and the location and arrangement of such landscaping is approved by the director. Existing natural features and systems include environmentally sensitive areas, stands of significant trees and native vegetation, natural topography and drainage patterns, wildlife habitat, migration corridors, and connectivity to adjacent habitats. 22-163940 Design criteria for public on-site open space. The following guidelines apply to public on-site open space that is developed pursuant to the height bonus program established in Article XI, Division 8, of this chapter. (1) Open space developed under this section should be located so that it: a. Abuts a Public right-of-way, or alternatively, is visible and accessible from a public right-of- way; b. Is bordered on at least one side by, or is readily accessible from, structure(s) with entries to retail or office uses; housing, civic/public uses, or another public open space; and c. Is situated for maximum exposure to sunlight. (2) Open space site design and configuration must meet a majority of the following guidelines: a. The gross area of the open space does not incorporate any other site elements such as setbacks, landscaping, buffers, paving, or storm drainage facilities, that would otherwise be incorporated into site design without exercising the open space option; b. The gross area of the open space encompasses at least 2.5 percent of the lot area, up to a total aggregate square footage of 25,000 square feet; c. The open space area must be clearly visible and accessible from the adjacent right-of-way; d. The primary area is at least 25 feet in width; e. A minimum of 15 percent of the total area of the open space is landscaped using Type 1V landscaping or other landscaping alternative; and f. The open space may not be used for parking or loading of commercial vehicles. Commercial vehicle loading areas abutting the open space must be screened by a solid, site-obscuring wall. (Ord. No. 96- 271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 01-382, § 3, 1-16-01) Design Guidelines & Definition of Height Code Amendments Exhibit A File #03-100842-00-UP ©2002 Code Publishing Co. Page i 7 22-1640_1 Design for cluster residential subdivision lots. (a) Garages shall be provided for all residential lots except if the lot is in a multifamily zone. (b) Front entryways should be the prominent feature of the home. Attacl~ed garages should not compose more than 40 percent of the front facade of the single-family home if the garage doors are flush with the front facade, or will be set back a minimum of five feet from the rest of the front facade. Detached garages should also be set back a minimum of five feet from the facade. (c) If garage access is provided from alleys, the front yard setback can be reduced to 15 feet. (d) Each dwelling unit shall be intended for owner occupancy. (Ord. No. 01-381, § 3, 1-16-01) 22-164-1-2- 22-1650 Reserved. Design Guidelines & Definition of Height Code Amendments Exhibit A File #03-100842-00-LIP ©2002 Code Publishing Co. Page 18 SHDVd~ ONI~-~-Vd ~I'dfELDfDLLS dO .LHDI!tH ~tDV'diilAOD .LO'I h'Vit'd (qo~o) H~IS &NO}kI HZI$ ,LO"I $S~DO~d A~itIAH}I SNOI,LV"IflDiIH jo lq3!~H luo~ oz!s ssoooid pa.qnba~l SNOI,I;V'IFID~IH ,CD EXHIBIT B EXHIBIT C d CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Pre-Disaster Mitigation Program Competitive Grant, Public Notice of Application CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated August 4, 2003 and Letter of Intent. SUMMARY/BACKGROUND: The Public Works Department is applying for a FEMA Pre-Disaster Mitigation Program Competitive Planning Grant from the Washington State Emergency Management Division. The amount of the grant is $37,500 and requires a $12,500 City match. If successful, the grant would be used to update the Cities Emergency Response Plan and complete the Greater Federal Way Emergency Management Plan. This would include reviewing the multiple public and private disaster plans existing in the community. The goal would be to integrate all the plans to provide for a better-coordinated response in the event of a natural disaster such as earthquake, flood and/or severe winter storm. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 4, 2003 meeting, the Land Use/Transportation Committee recommended approval of the submittal of an application for Pre-Disaster Mitigation Grant funds in the amount of $37,500 with a City match requirement of $12,500 to update the Cities Emergency Response Plan, complete the Greater Federal Way Emergency Management Plan and to integrate the various public and private disaster plans within the community. PROPOSED MOTION: "I move to authorize staff to submit an application for Pre-Disaster Mitigation Grand funds in the amount of $37,500 with a City match requirement of $12,500 to update the Cities Emergency Response Plan, complete the Greater Federal Way Emergency Management Plan and to integrate the various public and private disaster plans within the community." CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: August 4, 2003 Eric Faison, Chair Land Use and Transportation Committee CaryM. Roe, P~blic Wo~_ Director ~ David H. ~a~ager Pre-Disaster Mitigation Program Competitive Grant, Public Notice of Application BACKGROUND The Public Works Department is applying for a FEMA Pre-Disaster Mitigation Program Competitive Planning Grant from the Washington State Emergency Management Division. The amount of the grant is $37,500 and requires a $12,500 City match. If successful, the grant would be used to update the Cities Emergency Response Plan and complete the Greater Federal Way Emergency Management Plan. This would include reviewing the multiple public and private disaster plans existing in the community. The goal would be to integrate all the plans to provide for a better-coordinated response in the event of a natural disaster such as earthquake, flood and/or severe winter storm. A copy of the "Letter of Intent" is attached to apply for the grant. A major component of the disaster planning grant is public notification and involvement. This starts with notification to the public of the grant application via the LUTC and Council meetings. The intent letter will also be placed on the City web site. Further information will be made available to the public if the application is successful. RECOMMENDATION Staff recommends that the LUTC approve the submittal of an application for Pre-Disaster Mitigation Grant funds in the amount of $37,500 with a City match requirement of $12,500 to update the Cities Emergency Response Plan, complete the Greater Federal Way Emergency Management Plan and to integrate the various public and private disaster plans within the community. APPROVAL OF COMMITTEE REPORT: .," · ~r~ Faison, (.hair Michael '.~i~,J~ember D.s~'n McColgan, Mt}mber cc: Project File Day File PRE-DISASTER MITIGATION PROGRAM COMPETITVE (PDMc) PLANNING GRANT LETTER OF INTENT Washington State Military Department Emergency Management Division Camp Murray, WA 98430 The purpose of this form is to establish your j urisdiction's interest in applying for a planning grant through the Pre-Disaster Mitigation (PDM) Grant Program. Applicant Type: [--]State Government [~]l~cal Government ['-]Indian Tribe [--]Special Purpose District ~--]Private Non-Profit Organization [-~Other Name/Address of Jurisdiction: City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Cost of Plan (estimated): $50,000 Contact Person: Ken Miller, PE Phone Number: (253) 661-4136 Email: ken.miller@ci _tyo ffederalwa¥.com County of Jurisdiction: King Source of Local Match General Fund & In Kind (25% Min.): 1. What are the Hazards that affect your jurisdiction? The City of Federal Way is vulnerable to many disasters - both natural and man-made. Most notably, Federal Way is susceptible to earthquakes, experiencing hundreds of small-scale events every year. However, according to experts, the region is long overdue for an earthquake of 7.2 magnitude or greater. The area also periodically experiences severe winter storms, affecting transportation and utilities that serve thousands of people. The city is vulnerable to man-made hazards from the air, ground, and water. These include potential threats from Seattle-Tacoma International Airport whose flight path is directly overhead, and McChord Air Force Base, which is in close proximity to our city. The Olympic Pipeline, which transports diesel, gasoline, and jet fuel, runs north/south through the City. Several years ago a leak in the line caused three deaths and maior damage north of our City. Interstate 5, a five plus lane freeway, bisects the community and is utilized for the transportation of hazardous materials and carries large volumes of traffic. Another large transportation hub for hazardous waste is the Port of Tacoma. The Port is within one mile of the community and processes numerous types of hazardous waste in a highly industrialized area. 2. What are your Risks and Impacts of these hazards upon your jurisdiction? The risks and impacts of these hazards are widespread damage to public and private infrastructure, loss of life, and economic impacts to the community and government. PDM- Planning Letter of Intent March 2003 3. Are these hazards identified in your current local plan? The existing Greater Federal Way Emergency Plan does identify these hazards, but requires additional analysis and documentation. There are multiple private and public agencies involved in developing a comprehensive disaster plan for the greater Federal Way area. 4. How will the plan help resolve the impacts of the hazards upon your jurisdiction? It is proposed that the City finalize its pre-disaster planning for the hazards affecting our area. Furthermore, integrating the plans of all other agencies within the greater Federal Way area will provide a better-coordinated response to disasters by all agencies involved. 5. Is your jurisdiction participating and in good standing in the National Flood Insurance Program (NFIP)? [~Yes ~]No If the answer is No, your application can not be considered. THIS FORM MUST BE RECEIVED NO LATER THAN 5:00 PM July 2003 Return Address: State Hazard Mitigation Office Washington State Military Department Emergency Management Division MS: TA-20, Building 20 Camp Murray, WA 98430-5122 Email: m.best@emd.wa, gov FAX (253) 512-7205 This is NOT an application. You will be contacted and sent an application at a later date in the near future. If you have any questions, contact the State Hazard Mitigation Office at (253) 512-7073 PDM- Planning Letter of Intent March 2003 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: S 320th Street Utility Underground Conversion Agreement with Puget Sound Energy CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated August 4, 2003, Underground Conversion Project Construction Agreement and Exhibit A: Project Plan. SUMMARY/BACKGROUND: On September 16, 1997, the City Council approved an $856,300.00 expenditure for undergrounding overhead power and telephone lines on South 320th Street from I-5 to 11th Place South. The utility conversion of this corridor was split into three schedules: · Gateway Center (1-5 to 25th Avenue South) - Completed in 2000 · S 320th Street Phase I (20th Avenue South to 11th Place South) - Completed in 2001 · S 320th Street Phase II (20th Avenue South to 25th Avenue South) PSE has presented the City with a new agreement and cost estimate of $555,500 for completing the underground conversion for the S 320th Phase II project. The new cost is approximately 70% higher than the original cost estimate of $326,400. Staff does not necessarily agree with the increase in project costs; however, in order to move the project forward, staff is requesting the transfer of $229,100 from the 23rd Avenue SW Road Improvement Project to fund the budget shortfall. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 4, 2003 meeting, the Land Use/Transportation Committee recommended to authorize the City Manager Manager to execute a Utility Underground Conversion Agreement with PSE for $555,500 and approve a ten (10%) contingency of $55,550, for a total of $611,050 and Authorize the transfer of $229,100 from the 23ra Avenue S Road Improvement Project to cover the project budget shortfall. PROPOSED MOTION: "I move to authorize the City Manager to execute a Utility Underground Conversion Agreement with PSE for $555,500 and approve a ten (10%) contingency of $55,550, for a total of$611,050 and Authorize the transfer of $229,100 from the 23rd Avenue S Road Improvement Project to cover the project budget shortfall." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF Federal Way DATE: August 4, 2003 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use / Transportation Committee Marwan Salloum, Street Systems Manager ~y//,~/r~ David H. nager S 320th Street Uf'ffity underground Conversion Agreement with Puget Sound Energy BACKGROUND On September 16, 1997, the City Council approved an $856,300.00 expenditure for undergrounding overhead power and telephone lines on South 320th Street from I-5 to 11th Place South. The utility conversion of this corhdor was split into three schedules. Gateway Center ( 1-5 to 25th Avenue South) These facilities are located within PSE easements and was completed in 2000 at the budgeted cost of $151,500 (This cost includes utility trenching and 100% utility conversion cost to the City) S 320th Street Phase I (20th Avenue South to 11th Place South) These facilities are located in the public Right-of-Way and was Completed in 2001 as part of the South 320th Street at SR-99 Signal and Intersection Improvement Project at the budgeted cost of $402,480 (cost include utility trenching and 30% utility conversion cost to the City) S 320th Street Phase II ( 20th Avenue South to 25th Avenue South) The original estimated cost for this phase was $326,400 and was scheduled to be completed concurrent with the 23rd Avenue S Road Improvement Project. However, due to a dispute with PSE regarding the project costs and billing detail to be provided the City since 100% of the project costs were to be assigned to the City, an underground conversion agreement was never executed. As a result, the Phase II undergrounding project was delayed and until the Washington Utilities and Transportation Commission (WUTC) considered revisions to the Schedule 71 Tariff for underground conversions. Since the WUTC adoption of the new Schedule 74 Tariff, which provides guidance on billing detail among other revisions, staff has been working with PSE to move the project forward. PSE has presented the City with a new agreement and cost estimate of $555,500 for completing the underground conversion for the S 320th Phase II project. The new cost is approximately 70% higher than the original cost estimate of $326,400. Staffdoes not necessarily agree with the increase in project costs; however, in order to move the project forward, staff is requesting the transfer of $229,100 from the 23rd Avenue SW Road Improvement Project to fund the budget shortfall. kSlutcL2003\0804 s320th street utility underground conversion agreement.doc August 4 24, 2003 LUTC Memo - S320th Street Utility underground Conversion Agreement with Puget Sound Energy Page 2 RECOMMENDATION Staffrecommends placing the following items on the September 2, 2003 Council consent agenda for approval: I. Authorize the City Manager to execute a Utility Underground Conversion Agreement with PSE for $555,500 and approve a ten (10%) contingency of $55,550, for a total of$611,050. 2. Authorize the transfer of $229,100 from the 23rd Avenue S Road Improvement Project to cover the project budget shortfall. II Eric FaisOn; Chair' . "'::. MS:ss cc: Project File Day File k:\lutc~2003\0804 s320th street utility underground conversion agreement.doc SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement T Project Name: South 320th Phase 2 - Conversion of Electrical Distribution Project Number: 101001724 THIS Agreement, dated as of this __ day of ,2003, is made by and between the CITY OF FEDERAL WAY, a Municipal Corporation (the "Government Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area") with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of February, 2000 (the "Design Agreement"), pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: (b) Cost of Conversion; Public Thoroughfare; Temporary Service; Trenching and Restoration; Underground Distribution System; and Underground Service Lines. "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (d) (e) (f) (g) (h) (i) (J) (k) For purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load-carrying capacity (system amperage class) of the overhead system being replaced. "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Shared Company Costs~ shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Government-Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. "Party" shall mean either the Company, the Government Entity, or both. "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Governmen~ Entity. "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project (and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities replacement program, plus (iii) just compensation as provided by law for the Company's interests ' in real prbperty on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) (o) (p) (q) (r) (s) (t) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company Costs" shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). "Work" shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation, the Company Work (as defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below). "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 2. Obli.qations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Work"): i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i) the Company Work completed to date, (ii) the Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards) with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i) the Government Work completed to date, (ii) the Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) (e) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) (b) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. Promptly following the execution of this Agreement,. and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre-mobilization requirements. Following the pre- construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. Chanqes. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a "Request for Change"), including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be fudher equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parti,es in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the Government Entity. ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100.%) of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company) the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 iii) Subtracting (as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. (c) The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable to the Government Entity if it is a negative number. Within sixty (60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the "Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) (e) Within thirty (30) business days after the Company's receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement") showing (i) an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. Within thirty (30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. 8. Indemnification. (a) (b) The Government Entity releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arisin9 out of any ne91i9ent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities is available in accordance with RCW 35.96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons' and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i) provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys' fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) comprehensive general liability insurance, with a minimum coverage of $5_~0_000,000 per occurrence and $5,000,000 aggregate for personal injury; and $5,000,000 per occurrence/ aggregate for property damages, and professional liability insurance in the amount of $5,000,000. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) A.qreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE//101001724 (c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Riqhts or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (J) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE 1t101001724 10 but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Entity: City of Federal Way Attn: Fax: If to the Company: Puget Sound Energy, Inc. 6905 South 228th Street, SKC-SVC Kent, WA 98032 Attn: Mary Ausburn, AICP Fax: (253) 395-6990 Any Party may change its address specified in this Section 13(I) by giving the other Party notice of such change in accordance with this Section 13(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Aqreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assiqns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: CITY OF FEDERAL WAY PUGETSOUND ENERGY, INC. BY BY ITS ITS Date Signed Date Signed Approved as to form: Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE fl101001724 Exhibit A: Projcct Plan Schcdtllc '74 Underyzround ConvoI'sion PUGET SOUND ENERGY City of Federal Way: South 320th Strcet Phase II This Project Plan describes work to be performed by t'ugct Sound Energy (PSE) and thc City of Federal Way (the City) for the conversion of certain PSE electrical distribution system facilities as described herein (the Conversion Project). In addition to this document, this Project Plan includes and consists of: · All relevant drawings and specifications for thc Convcrsion Project work · Thc Project Cost Estimate document(s) Revisions to this Prelect Plan must be mutually approved by the City and PSE. Con version Project Scope Pursuant to PSE's Rate Schedule 74, PSE and the City have agreed that PSE will convert its existing overhead distribution system of 15,000 volts to an Underground Distribution System within the following Conversion Area: within and along South 320th Street from 20th Avenue South to 25th Avenue South and extending southward from South 320th Street along 23rd Avenue South for a distance of' approximately 410 feet. The project includes modification of existing service lines to connect to the Underground Distribution System and removal of the existing overhead facilities. Thc project scope is described below in three parts based on work scope, operating rights and project cost allocations. Part A. Thc existing overhead facilities along South 320th Street between 20th Avenue South and 25th Avenue South arc located within l'SE casements adjacent to thc north side of South 320th Street. Thc Underground Distribution System will bo installed withil~ thc existing casements. This portion of thc project extends a clistancc of approximately 1,510 }'art B. Thc facilities to be convex-ted along South 23rd Avenue arc localcd within City right-el way. These fktcilitics cross %onth _~zu Street and extend southward tbr a distance of approximaldydlOlkct. IExislingconduitsprcvioudypn)vidcdbvPS15andinstalledby will bo utilized tbr this podion of work. l'art (i. At the cast-end of thc (?onversion Area, a single phase latcrai linc cro:;sc,q South 32()th Street xvest of 25th Avenue South to serve thc Calwu-y l.ulhcran Church. City of Federal Way South 320th Street Phase tl Underground Conversion #101001724 July 21,2003 Thc new underground facilities replacing this aerial crossing will round tile northeast corner of thc church propelly tbr a distance of approximately 1'70 feet, then cross 25tI* Avenue South to an existing junction box. There are no Company Initiated Upgrades, Government Requested Upgrades or Temporary Service elements included in the above-described Project Scope. Operati,g Rights All or portions of the existing facilities involved in tile work for Parts A & C are located within private operating rights (easements) held by PSE and the replacement underground facilities will be located within these same operating rights. Any and all operating rights acquired for this project as of the date of the Conversion Project Construction Agreement (the Construction Agreement), shall be retained by the acquiring party and used for this project. Any additional operating rights required for this project acquired subsequent to the date of the Construction Agreement shall be acquired pursuant to Schedule 74. CiO~ Resl~onsibilities Notice to Customers: The City will provide appropriate written notice to customers within the Conversion Area prior to the start of Conversion Project construction work, including City and PSE contact information, Conversion Project Schedule and any anticipated impact to, or work required by such customers. Operating Rights: The City will acquire and provide required operating rights for the Conversion Project as described herein. Schedule: The City will provide a written notice to proceed no later than August 1, 2003. Permits: The City will provide all necessary permits. PSE Responsibilities Trenching & Restoration: PSE or its contractor will provide these services for this Conversion Project. PSE or it's contractor will also coordinate and facilitate joint trench use by other utilities within the Conversion Area. No trenching exclusive to other utilities is included in tile plan or cost. Installation of Ducts & Vaults: PSE or its contractor will perform this work.. Installation and Removal of Electrical Facilities: PSE or its contractor will install all electrical facilities for the Underground Distribution System and will remove the existing overhead facilities after the Underground Distribution System is placed ill service and all customer service lines arc connected thereto. Modification and Adjusmmnt of Customer Service l,incs: There arc lie overhead customer service lines within the Conversion Area. City of Federal Way South 320'~' Street Phase I1 Underground Conversion #101001724 hdv 9 I 9002 Co !Istr u c'[io ti Sch edu le its contractor will begin construction withil~ 30 days of cxccuti(~n of thc Q~onvci-Nioll Agreement and Notice to lh'occed provided by thc dry of l:cdcrai Way. Pcmaancnt hard surface repairs will bc completed at(ct 100% of thc excavation is completed. Project Cost Estimate & Allocatiott ri'itc actual costs incurred by PSIZ to pci'l?.)r11'~ the Design Work together witi~ I'$F~'s good faith estimate of the Costs to Cortstruct the Conversion Project arc provided in the Project Construction Sumlnary Estimate (Attachment B). Costs for work related to I'mls A, B & C will be allocated pursuant to Schedule 74 and the Construction Agreement. · Costs related to work for Part A are Reimbursable Private Conversion Costs and will be allocated 100% to tile City pursuant to Section 7 (a) (ii) of tho Construction Agreement. · Costs related to work for Pmls B & C will bo allocated 60% to PSE and 40% to the City pursuant to Section 7 (a) (i) of tile Construction Agreement · Costs related to the performance by PSE of Trenching & Restoration will be allocated 100°/3 to the City pursuant to Section ? (a) (v) of the Construction Agreement. PSE's good faith estimate of these costs will not limit PSE's reimbursement for its reasonable actual costs to pertbrm this work.' Assumptions The Construction Project Design Work (construction plans and specifications), Constta. tction Schedule and Construction Summary Estimate are based on thc following assumptions. Construction conditions that arc not consistent with these assumptions may resuh in a request for change to thc Construction Schedule and/or Construction Estimate pursuant to Section 6 of thc Construction Agreement. Contaminated Soils There is soil contamination known to exist within the Conversion Area in thc vicinity of'tho Arco property. Based on available information, Conversion Project work is not expected to encounter or disturb any contaminated soils. 1 towcvcr, should contaminated soils bc encountered during Conversion Project work, thc (7onstrttction Schedttlc and/or Construction Schedule ass()ci:tted electric;ti work durin~ thc core busii~cxs hours t?om 6:00 AM to 6:()() t'hd Monday through l:riday. nonstoI) ct'lbrt, end to end, until thc project is completed. Cutover and transt~rs of existing customers will bo scheduled during normal business hours. 3 City of Federal Way Soutlt 320'h Sh'cct Phase II Underground Conversion 1/101001724 July 21,2003 5 Customer required work to adjust/relocate custonlcr owned service lines and work necessary by other utilities will bc completed so as not to interfere with or delay thc performance of PSE's work. 6 PSE will be responsible for relocating the AMR unit located on the existing pole in front of the Black Angus Restaurant. PSE Design Plans 7 Tile City has not provided plans specifically for this conversion project. 8 For reference only, tile City has provided PSE with approved plans for the 23~d Avenue South Street hnprovemcnt Project dated March 19, 2001. The City has completed construction on that project and these plans accurately reflect the as-built field conditions. 9 For reference only, the City has provided PSE with approved plans for the Seatac Mall Storm Improvement Project, dated May 16, 2000. The City has completed construction on that project and these plans accurately reflect the as-built field conditions. 10 The City has provided PSE's consulting engineer, Arnold Tomac of Western Energy and Comnmnications, Inc., with accurate as-built in£onnation on City installed conduit system during the City's 23~d Avenue South hnprovements. 11 For work within the existing PSE easements along the nortt,, side of South 320~h Street, "No Parking" will be posted as necessary while line crews perform conduit, vault, cable, and equipment installations as well as removal activity. 12 The Conversion Project Design Work reflects operating rights and property rights deternfinations based on a Boundary/Easement Survey performed in May of 2000 by Applied Professional Services Inc, under hire by PSE. No additional review of operating or property rights has be Performed by PSE nor provided by the City. 13 Vaults, handholes and pad-mounted equipment has been located consistent with PSE Design Standard 6775.0035. Sec construction plan page 10, General Underground Notes, for additional standards references and specifications. 14 City of Federal Way right-of-way permits are the only permits necessary to complete the project and will be issued within two (2) weeks of application. 15 Existing conduits installed by tile City for use by PSE can be located, are intact and available, and are installed to PSE standards suitable for pulling power conductors. 16 Locations for new facilities as shown on thc construction plans are available for use. 17 Work requiring a scheduled disruption of electric service to non-residential customers will be done within business hours at straight time rate of pay. Outages shall be scheduled with a minimum of two (2) business days notice. 18 Work docs not include installation and removal of"temporary" facilities at the request of others during construction. 19 Thc cost estimate is based on the installation of facilities al locations shown on the plans. City of Federal Way South 320tI' Street Phase II Underground Conversion #101001724 July 21,2003 A dditio,a[ Co,siderationx Service l)isrul)tions, Service Cut-overs and Transfers Some PSE customers within thc Conversion Area will experience temporary disruption of electric service during Conversion Project work. PSE's Schedules 74 and 85 provide customer responsibility (performance and cost) tbr modification and/or adjustment of customer owned underground service lines. Cost Assumptions: PSE or its contractor will provide supendsion, labor, equipment, and materials necessary for the civil work in conjunction with the duct and vault installation along S. 320th Street fi'om 25th Ave. S. going xvest for approx. 1,500 feet, per PSE plans and specifications. Includes: l. All excavation and or boring of primary trench. 2. Disposal of native fill where native is not acceptable for backfilling. 3. Compaction of trench and vault pits. 4. All hard surface restoration, with either asphalt or concrete, including re-striping. 5. Soft surface restoration to existing conditions. 6. We will spend up to one day on each side of 320th St., locating and proofing existing PVC crossings. This is for the existing crossing of 320th St. We believe the existing crossing at 25 Ave S. is unusable due to changes ira grade. 7. Nonnal traffic control with signs and 2 flaggers if required. 8. Up to twenty yards of CDF if required. Exclusions: 1. All permits or permit fees. 2. Environmental control and disposal of hazardous soils if encountered. 3. Any non-core (6 pm-6 am) work hours if required. 4. Re-crossing orS. 320th if existing conduits are unusable. 5. S. ignifieant traffic control using off-duty police. Acceptance of Project Platt Thc City and PSI'; mutually agree to and accept this Project Plan ars of thc date indicated below: l:or thc City: t~y: ..... I)atc: l~y: .......... l)atc: City of Federal Way South 320m Street Phase II Underground Conversion #101001724 July 21,2003 MEETING DATE: September 2, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Accept Dumas Bay Restoration Project CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee action form dated August 5, 2003; Accept Dumas Bay Restoration Project SUMMARY/BACKGROUND: The first phase of restoration work at Dumas Bay Centre has been completed and the City is prepared to formally accept the construction contract as complete. The initial budget for the project was for $516,882. The construction portion of the project was awarded to Athletic Fields, Inc., for $148,665.41. A contingency amount of $15,000 was available for this project, of which $4,552.77 was used, leaving $10,447.23 unused. Five percent of the construction amount has been retained by the City until project acceptance and release by other agencies. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend a "do pass" to accept the Dumas Bay Centre Restoration construction contract by Athletic Fields, Inc. as satisfactorily completed, and forward to Full Council on September 2, 2003. PROI~OSED MOTION: "1 move approval to Accept the Dumas Bay Restoration Project as presented." CITY MANAGER APPROVAL: ~ ~~ ' K (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVEI) [] DENIED [] TABI~EI)/i)EFERIIEI)/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL B! LL # 1s'r reading Enactmeut reading ORDINANCE # RESOLUTI ON # REVISED - 05/10/2001 City of Federal Way PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM 5oB Date: To: Via: From: Subject: August 5, 2003 PRHSPS Co~mmittee David Mos~e~lffi~y~Vlanager ,. B Sanders, Parlt'Planning & Development Coordinator J~ ~ ~, ~I~ ~ Accept Dumas Bay Restoration Project Background: The first phase of restoration work at Dumas Bay Centre has been completed and the City is prepared to formally accept the construction contract as complete. The restoration work began in October of 2002 and included: · Construction work to improve drainage on-site and keep it from flowing over the edge of the bluff, thereby reducing erosion of the bluff. · Removal of hard surfaces such as asphalt and stone planting beds. Construction of narrow crushed stone walking paths. · Import and placement of topsoil to create new landscape beds, and installation of more than 11,000 native plants. Installation of irrigation system. · Removal of old, unstable gazebo and fencing along the top of the bluff, and replacement with a new gazebo and fencing. · Design of interpretive signage and purchase ora salmon sculpture to draw the connection for the public between the site and the health of Dumas Bay. The initial budget for the project was for $516,882. The construction portion of the project was awarded to Athletic Fields, Inc., for $148,665.41. A contingency amount of $15,000 was available for this project, of which $4,552.77 was used, leaving $10,447.23 unused. Five percent of the construction amount has been retained by the City until project acceptance and release by other agencies. The work performed by Athletic Fields has 'been of consistently high quality and was performed within the scope of the contract and schedule. Staff Recommendation: Staff recommends that the project be accepted and that steps be taken to release the retainage held by the City. Committee Recommendation: Motion to recommend a "do pass" to accept the Dumas Bay Centre Restoration construction contract by Athletic Fields, Inc. as satisfactorily completed. mP~2VAL OF COMMITTEE REPORT: ittee Chair Comn~it't~e M/mber- Committee Member CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Grandvicw Park Off-Leash Area Development Agreement CArI'EGORY: [5~] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIl, BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACItMENTS: Committee action form dated August 11, 2003; Grandview Park Off-Leash Area Development Agrccmcnt. SUMMARY/BACKGROUND: Eight cities (Auburn, Burien, Des Moines, Federal Way, Kent, Renton, SeaTac, and Tukwila) and King County formed a Task Force to locate and/or construct an area/park where citizens can take their dog to run off-leash The attached Interlocal Agreement represents a collaborative effort to respond to our citizens needs for an off-leash area in South King County. The attached agreement authorizes the City of Federal Way to participate, along with King County and the other eight Task Force member cities, in one-time capital funding in the amount of $35,699, for improvements necessary to convert a portion of Grandview Park for an off-leash area. King County is in the process of transferring the park to the City of SeaTac. City of SeaTac will enter into a Park Use Agreement with a non-profit organization called "S.O.D.A" (Serve our dog area) to operate the park as an off-leash dog area, including the responsibility for the daily operation and maintenance. CITY COUNCIL COMMITTEE RECOMMENDATION: To place this item on the September 2nd consent agenda with a "do pass" recommendation to the City Council authorizing the City Manager to sign the Agreement Regarding Development and Operations of a Grandview Park Off-Leash Dog Area and, to authorize allocating $4,163 from the 2003 Park Operations Division budget to fund the city's share in capital improvements at Grandview park for the off-leash area. PROI'OSEI) MOTION: "I move approval to Accept the Grandview Park Off-Leash Area Development Agreement as prcsentcd." (BELOW ID BE COMPLETED B Y CITY CLERKS OFFICE) COUNCII~ ACTION: ~ APl'ROVED [] DENIED COUNCIL BILL # 1s* reading [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 5.C CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: August 11, 2003 PRHSPS Council Committee~ Jennifer Sch_r~ector David MoseJ/er2~l~y Man,~.er Grandview Parl~ Off-Leash Area Development Agreement Background Eight cities (Auburn, Burien, Des Moines, Federal Way, Kent, Renton, SeaTac, and Tukwila) and King County formed a Task Force to locate and/or construct an area/park where citizens can take their dog to run off-leash (chronology leading up to this proposal attached). The attached Interlocal Agreement represents a collaborative effort to respond to our citizens needs for an off-leash area in South King County. The attached agreement authorizes the City of Federal Way to participate, along with King County and the other eight Task Force member cities, in one-time capital funding in the amount of $35,699, for improvements necessary to convert a portion of Grandview Park for an off-leash area. King County is in the process of transferring the park to the City of SeaTac. City of SeaTac will enter into a Park Use Agreement with a non-profit organization called "S.O.D.A" (Serve our dog area) to operate the park as an off-leash dog area, including the responsibility for the daily operation and maintenance. The proposed Grandview Park Off-leash area will be the only one of its kind in South King County. Funding The project budget for start up costs is estimated to be $35,699. The capital improvements include, fencing, signage, waste dispenser and bags, control gate and a sanican. The agreement calls for King County to contribute 50% of the funding, and for the participating cities to pay a pro-rata share based on $.05/population. The 2000 Census data is used for this calculation. Federal Way's 2000 census population was 83,259; therefore Federal Way's share comes to $4,163. Staff recommends funding this one time capital contribution of $4,163 from the 2003 Park Operations Division budget. Committee Recommendation: To place this item on the September 2nd consent agenda with a "do pass" recommendation to the City Council authorizing the City Manager to sign the Agreement Regarding Development and Operations of a Grandview Park Off-Leash Dog Area and, to authorize allocating $4,163 from the 2003 Park Operations 'Division budget to fund the city's share in capital improvements at Grandview park for the off-leash area. [APPROVAL OF COMMITTEE REPORT: Committee Member AGREEMENT REGARDING DEVELOPMENT AND OPERATION '5"-/O-9 OF A GRANDVIEW PARK OFF-LEASH DOG AREA THIS AGREEMENT is made and entered into, effective as of the date of the last signature affixed to any counter part hereof, by and between the following Washington municipal corporations: City of Auburn ("Auburn"), City of Burien ("Burien"), City of Des Moines ("Des Moines"), City of Federal Way ("Federal Way"), City of Kent ("Kent"), City of Renton ("Renton"), City of Tukwila ("Tukwila"), City of SeaTac ("SeaTac"), collectively referred to herein as the "Cities", and King County (the "County"). The Cities and County may also be referred to herein individually as a "Party" or collectively as the "Parties". 1. PURPOSE. The Parties have participated as members of an Off-Leash Task Force for the purpose of promoting and facilitating the development and operation of a regional off-leash dog area (hereinafter referred to as the "OLA") for public use in South King County at Grandview Park within SeaTac. The purpose of this Agreement is to provide for the said development and operation of the OLA. 2. CONDITION PRECEDENT. The Parties acknowledge that the County holds the deed to Grandview Park, located within the city limits of SeaTac, subject to a right of reversion to the United States if the property ceases to be used as a public park. The County has closed the Park to public use due to financial difficulties. SeaTac has declined to accept ownership of the Park due to similar financial difficulties. The Park is now subject to the said reversion unless it be reopened to public park uses. Accordingly, notwithstanding any contrary provision of this Agreement, the same shall not become effective or enforceable until the County provides a deed placing ownership of the Grandview Park in SeaTac. The funding and other obligations of this Agreement shall be null and void unless Serve Our Dog Areas (S.O.D.A.), a Washington non-profit corporation enters into an agreement with SeaTac for development and operation of the off-leash dog area at Grandview Park, generally in the form of the July 11, 2003 draft prepared by SeaTac. 3. AUTHORITY. This Agreement is entered into by the Cities and the County pursuant to authority of RCW 39.34.080 which provides that public agencies may contract among themselves for performance of any governmental activity which each is authorized by law to perform, such as public parks and park activities. 4. PROPERTY DESCRIPTION. The Grandview Park, which is coterminous with the off-leash dog area, is legally described in Exhibit A, and is depicted on Exhibit B, attached hereto and incorporated herein by this reference. 5. TERM OF AGREEMENT. This Agreement shall be effective as of the effective date of the companion Agreement for Development and Operation of an Off-Leash Dog Area at Grandview Park as described at Section 2, above. This Agreement shall then P agel continue for the term of twelve (12) months. The Parties hereto shall have the option to renew this Agreement for a second term of five (5) years, or such other term as may be identical to the extension or term of a new Agreement between SeaTac and S.O.D.A. 6. FUNDING. The Parties hereby promise and agree to provide the cash contributions itemized on Exhibit C hereto, which is incorporated herein by this reference. Such funds shall be paid by the Parties to Kent which shall be the Parties' fiscal agent pursuant to Section 9, below. 7. LIABILITY. The Parties expressly provide that no liability shall attach to any party by reason of entering into this Agreement, except as expressly provided herein, and that the benefits and responsibilities provided by this Agreement shall not establish any special relationship or third-party benefit to any person or entity not a Party to this Agreement. 8. INDEMNIFICATION. Each party agrees to be responsible for any and all claims, damages, or other liabilities including costs of defense and attorneys' fees arising out of the acts or omissions of its officers, employees, volunteers, and/or agents in the performance of the obligations of each party under this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. FISCAL AGENT. Kent shall be responsible for accepting, retaining, and disbursing all of the Parties' funds contributed pursuant to this Agreement. In disbursing funds to S.O.D.A., or directly to vendors and material suppliers, Kent shall coordinate with SeaTac as to the propriety of such disbursements pursuant to the Agreement between SeaTac and S.O.D.A. and actual improvements contracted or constructed at Grandview Park. 10. SUPERVISION OF OPERATIONS. SeaTac shall enter into an Agreement with S.O.D.A. for development, operation, and maintenance of the off-leash dog area at Grandview Park. SeaTac shall also be responsible for oversight and supervision of all development, operations, and maintenance performed by S.O.D.A. pursuant to the said Agreement and shall, upon request of any Party hereto, provide written information as to any and all such activities. 11. MAINTENANCE OBLIGATION. The Cities hereby agree to each provide a maximum of sixteen (16) hours of personnel time and sixteen (16) hours of equipment and tool use for the purpose of necessary maintenance beyond the capabilities of S.O.D.A., or for mutually agreed capital construction projects and/or special maintenance or restoration projects. Personnel time may include paid staff and/or volunteer time. All City staff and volunteers who operate power equipment pursuant to this Section shall be trained and certified in the safe operation of such equipment. Page 2 12. DESIGNATED REPRSENTATIVES. Each Party shall initially be represented by their respective Directors of Parks and Recreation, or equivalent, for the purpose of mutually discussing and resolving all matters arising pursuant to this Agreement or development, operation, and maintenance of the OLA. Any unresolved disagreements in regard to interpretation or effect of this Agreement or in regard to development, operation, and maintenance of the OLA shall be subnfitted to the jurisdiction of the King County Superior Court at Kent, Washington. The Parties may, from time to time, appoint or reappoint representatives, by written notice to all other Parties. 13. AUDITS AND INSPECTIONS. Any and all records and documents with respect to matters governed by this Agreement shall be subject, at all times, to inspection, review or audit by any Party to this Agreement. IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on the dates indicated below. CITY OF AUBURN CITY OF KENT By: By: Mayor Date: Approved as to Form: Mayor Date: Approved as to Form: City Attorney CITY OF BURIEN City Attorney CITY OF RENTON By: By: City Manager Date: Approved as to Form: Mayor Date: Approved as to Form: City Attorney City Attorney Page3 CITY OF DES MOINES CITY OF SEATAC By: City Manager Date: Approved as to Form: City Attorney CITY OF FEDERAL WAY By: City Manager Date: Approved as to Form: City Attorney CITY OF TUKWILA By: Mayor Date: Approved as to Form: City Attomey By: City Manager Date: Approved as to Form: City Attorney KING COUNTY By: Page 4 Title: Date: Approved as to Form: Deputy Prosecuting Attorney EXHIBIT A Legal Description: A parcel of land in the NW ¼ of Section 15, Township 22 North, Range 4 East, Willamette Meridian, King County, Washington, described as follows: Beginning at the northwest corner of the W ½ of the NE ¼ NW ¼; thence Easterly in the north line thereof 663.60 feet to the northeast corner of said W ½; Thence southerly along the east line thereof to the northwest corner of the west 275 feet of the SE ¼ NE 1,/, NW ¼ of said Section 15; thence easterly in the north line thereof 275 feet; thence southerly to the southeast corner of said west 275 feet of the SE ¼ NE ¼ NW ¼; thence westerly along the south line thereof to a point which is 879.74 feet east of the southwest corner of the NE 'A NW ¼; thence South 40° 21' W. 203.85 feet; Thence South 0° 57' E. 93.0 feet; thence South 75° 00' W. 167.4 feet; thence south 20° 00' E. 32.72 feet; thence South 88° 28' W. to the west line of the SE ¼ NW ¼ of Said Section 15; thence southerly along said west line 294 feet; thence westerly 190 feet along the south line of the north 57 feet of the south 758 feet of the SW 1/, NW lA of said Section 15; thence northerly 57 feet in a line parallel with the east line of said SW ¼ NW %; thence westerly 20 feet in a line parallel with the north line of said SW 1,/, NW 1/4; thence northerly 171 feet in a line parallel with the east line of said SW ¼ NW 1¼; thence westerly 20 feet in a line parallel with the north line of said SW % NW ¼; thence northerly 171 feet in a line parallel with the east line of said SW ¼ NW 1,/,; thence westerly 71 feet in a line parallel with the north line of said SW ¼ NW ¼; thence northerly 220 feet to a point in the north line of the SW ¼ NW lA of said Section 15, 301 feet westerly of the NE corner thereof; thence westerly in said north line 66 feet; thence northwesterly 230 feet, more or less, to the south line of the north 1090 feet of the NW ¼ NW ¼ of said Section 15 at a point 373 feet west of the east line of said NW ¼ NW 1/,; thence westerly in said south line 15.29 feet; thence northerly to a point in the south line of the north 987 feet of said NW 1/, NW ¼, 391.00 feet west of the east line thereof; thence westerly in said south line 44 feet; thence northerly 176.56 feet to a point which is 60 feet south and 433.60 feet west of the intersection of the east line of said NW ¼ NW t/~ and the south line of the north 751 feet thereof; thence westerly 63.28 feet in a line parallel with the south line of said North 751 feet of said NW 1/, NW 1¼; thence northerly to a point in the south line of the north 430 feet of said NW ¼ NW 1,/,, which is 505 feet westerly of the east line of the said NW 1,/, NW ¼; thence easterly in said south line 13.73 feet; thence northerly to a point in the south line of the north 339 feet of said NW ¼ NW 1,/, which is 493.56 feet westerly of the east line of the said NW ¼ NW 1,/,; thence westerly in said south line 185 feet; thence northerly to a point in the south line of the north 240 feet of said NW 1/, NW ¼ which is 682 feet westerly of the east line of the said NW ¼ NW %; thence westerly in said south line to a point in the center line of Old Military Road; thence northerly in said center line to a point in the north line of the south 60 feet of said north 240 feet of NW ¼ NW %; thence easterly in said north line to a point in the west line of the east 113 feet of said NW ¼ NW 1¼; thence southerly in said west line to a point in the said south line of the north 240 feet of said NW ¼ NW ¼; PP&D Contracts 9 of 12 06/23/03 OLA Joint Agreement thence easterly in said south line 113 feet to the east line of said NW 14/NW ¼; thence northerly 240 feet in said east line to the point of beginning. EXCEPT the following described parcels thereof conveyed to Kent School District No. 415 by the United States of America by Quitclaim Deed dated February 1, 1965 described as: The west 120 feet of the north 648.09 feet of the west ½ of the NE ¼ of the NW ¼ of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington; and The south 60 feet, except the east 113 feet thereof, of that portion of the north 240 feet of the NW ¼ of the NW 1/, of Section 15, TSP 22 N. R 4 E, W.M., King County, Washington, lying easterly of the center line of the Old Military Road, less roads; and That portion of the south 99 feet of the north 339 feet of the NW ¼ of the NW % of Section 15, TSP 22N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 497.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 493.56 feet west of the southeast corner; and That portion of the south 99 feet of the north 438 feet of the NW 1/~ of the NW 1,/, of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that pad lying easterly of a line beginning at a point in the north line thereof which is 493.56 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 491.27 feet west of the southeast corner; and That portion of the south 1.00 acre of the north 480 feet of the NW I/, of the NW 1/, of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 505.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 503.79 feet west of the southeast corner; and That portion of the south 65 feet of the north 545 feet of the NW 1/, of the NW ¼ of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 503.79 feet west of the nodheast corner and running thence southeasterly to the south line thereof at a point which is 502.12 feet west of the southeast corner; and That portion of the south 103 feet of the north 648 feet of the NW ¼ of the NW ¼ of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 502.12 feet west of the PP&D Contracts 10 of 12 (___.~'"(,, 06/23/03 OLA Joint Agreement northeast corner and running thence southeasterly to the south line thereof at a point which is 499.50 feet west of the southeast corner; and That portion of the south 99 feet of the north 339 feet of the NW ¼ of the NW 1/, of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as the westerly 185.00 feet of the part lying easterly of a line beginning at a point in the north line thereof which is 682.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 678.56 feet west of the southeast corner. TOGETHER WITH all right, title and interest the United States of America may have in the banks, beds and waters of any streams or lakes opposite to or borderin,g upon said lands, and in any alleys, roads, streets, ways, strips, gores, railroad rights (~f way and irrigation ditch or canal rights of way crossing, abutting or adjoining said lands and in any means of ingress or egress appurtenant to said lands. TOGETHER WITH the right of joint use of existing roads over a parcel of land described in Quitclaim Deed dated February 1, 1965 from United States of America to Kent School District No. 415. TOGETHER WITH Government-owned improvements located thereon. SUBJECT TO: Reservations in the United States Patent and to Existing easements for public streets, alleys, roads and highways, public utilities, railroads and pipelines. Reservations of roadway easement over that portion of parcel adjoining Old Logging Road contained in Deed dated January 23, 1951, executed by the Midway Corporation, a Washington Corporation, to Edgar Allen, a single man recorded January 26, 1951, under Auditor's Field No. 4103463, records of King County, Washington. Easement for electric transmission line granted by instrument dated January 27, 1955, executed by Midway Corporation, a Washington Corporation to Puget Sound Power and Light Company, a Massachusetts Corporation, recorded January 31, 1955 under Auditor's File No. 4534889 records of King County, Washington. Easement No. DA(s) 45-108-eng-771 dated June 4, 1962 from Department of the Army to the State of Washington, State Highway Commission for a buried drainage pipeline across the access road. All easements, liens, reservations, exceptions or interests of record or now existing on the premises above described. PP&D Contracts 11 of 12 ~.~-"-'"(~ OLA Joint Agreement 06/23/03 · $. ~ZSTH ST. -~ GRANDVIEW PARK Jo:1¥ £oqer~,'.tto~&c~rct¢ Club CORPORATE Kc t 45 kc 14 ACR ES- 15 EXHIBIT B DRAWING OF PARK AREA Off-Leash Area DeVelopment Cost Share Agreement EXHIBIT C Option B: King County portion is 50% $35,697 + 2 = $17,848 Task Force. City Population (2000 Census) Cost (x .05) Auburn 40,314 $2,016 Burien 31,881 $1,594 Des Moines 29,267 $1,463 Federal Way 83,259 $4,163 Kent 79,524 $3,976 Renton 50,052 $2,503 SeaTac 25,496 $1,275 Tukwila 17,181 $ 859 Cities 356,974 $17,849 King County $17,848 TOTAL $35,697 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: SILVER LAKE NEIGHBORHOOD TRAFFIC SAFETY (NTS) PROJECT - 16TM AVENUE SW CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated August 4, 2003 SUMMARY/BACKGROUND: Residents in the vicinity of 16th Avenue SW between SW 320th Street and SW 325th Place have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds and cut-through traffic. The table shown in the memorandum to the Land Use and Transportation Committee contained an error. The table below accurately reflects the ballot results: 202 176 72 88 538 CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 4, 2003 meeting, the Land Use/Transportation Committee recommended approving the installation of four speed humps along 16th Avenue SW between SW 320th Street and SW 325th Place. PROPOSED MOTION: "I move to authorize staff to intall four speed humps along 16th Avenue SW between SW 320th Street and SW 325t~ Place." (BELOYY TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordi. a.ces only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF ~'~,~'~.~ FedersI VVsy DATE: TO: FROM: VIA: SUBJECT: August 4, 2003 Eric Faison, Chair Land Use / Transportation Committee Rick Perez, City fraffic Engineer David H. Mo'geley,~ Glt~. Manager Silver Lake Neighborhood Traffic Safety (NTS) Project - 16th Avenue SW BACKGROUND Residents in the vicinity of 16th Avenue SW between SW 320th Street and SW 325th Place have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds and cut-through traffic. Currently, adopted NTS installation criteria are based on a point system as follows: Points Total Accidents/Year Injury Accidents/Year Average Daily Traffic g5th Percentile Speed (5-year history) (5-year history)* (two-way total) (mph in either direction) 0.5 0.3-0.5 0.1 500-1100 26-29 1.0 0.5-0.7 0.2 1101-1700 29.1-32 1.5 0.7-0.9 0.3 1701-2300 32.1-35 2.0 0.9-1.1 0.4 2301-2900 35.1-38 2.5 1.1 - 1.3 0.5 2901-3500 38.1-41 3.0 More than 1.3 More than 0.5 More than 3500 More than 41 * Note: Fatal collisions will count as two injury collisions Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study indicated that thc subject location would receive 0.5 point for total accidents, 1.0 point for total accidents, 1.0 point for traffic volume, and 0.5 point fox-traffic speed. Therefore, thc total number of points is 3.0, which meets the 3-point n~inimum to qualify for traffic calming devices installation. On February 11, 2003 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might be effective in reducing speed within the neighborhood. After discussion between the neighborhood residents and staff; and in order to mitigate the identified problems in the neighborhood, a consensus was reached to propose the installation of four speed humps on 16th Avenue SW. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed speed hump locations and to those with the proposal being on their sole access route. The following table summarizes the ballot results: SpeedHUmp A . B C : D Total Ballots Sent 202 176 22 88 538 Ballots Returned 59 (29%) 60 (34%) 45 (45%) 33 (37%) 197 (37%) Yes Votes 43 (74%) 42 (75%) 41 (93%) 28 (88%) 154 (81%) No Votes 15 (26%) 14 (25%) 3 (7%) 4 (22%) 36 (19%) One of the installation criteria requires a 50% majority approval of the returned ballots. Based on the above table, all locations met the balloting criteria with an 81% average approval rate. On July 24, 2003 staff conducted a second neighborhood meeting to inform the residents about the balloting results and the remainder of the process. It is important to note that this project will result in the NTS budget being exceeded for the remainder of 2003. Staff'proposes to use the City Manager's contingency fund if the Public Works Department budget is exceeded for 2003. RECOMMENDATION Staff recommends placing the following item on the September 2, 2003 Council Consent Agenda: Approve the installation of four speed humps along 16th Avenue SW between SW 320th Street and SW 325th Place. IIAPPROV~ (IF COMMITTEE REPORT: _~.7~~'-''', ~ : E ~:;'Faison, ~hair '~' Michael Dean MCColgan, Member RP:rt:ss k:qutc',2oo3,,0804-nts-sil~ er lake-I 6sw323.doc 7/22/2OO3 MEETING DATE: September 2, 2003 ITEM# . _ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Grant Funding Applications for Transportation Improvement Projects CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated August 4, 2003 SUMMARY/BACKGROUND: Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following project will likely be competitive in the 2005 TIB funding cycle. Pacific Highway S HOV Phase III (S 284th Street to Dash Point Road) (Construction Phase) Pro/ect Cost Grant Fund Required Match · 2005 Transportation Partnership Program (State) S 356th Street (1st Avenue to Pacific Highway) (Construction Phase) $7,169,000 $4,301,400 $2,867,600 Project Cost Grant Fund Required Match · 2005 Transportation Partnership Program (State) $8,400,000 $5,040,000 $3,360,000 CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 4, 2003 meeting, the Land Use/Transportation Committee recommended authorizing staff to submit grant funding application for TIB 2005 Funding Program for the following transportation Improvements pr.oJthects: o Pacific Highway S HOV Phase III (S 284 Street to Dash Point Road) o S 356th Street (1st Avenue to Pacific Highway) PROPOSED MOTION: "I move to authorize staff to submit gram funding application for TIB 2005 Funding Program for the above-mentioned Transportation Improvement Projects" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sv reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ,° ieral Way DATE: August 4, 2003 TO: FROM: VIA: Eric Faison, Chair Land Use and Transportation Committee ^\ Marwan Salloum, Street Systems Manager~ David H. Mos~I~y~n~ag,er SUBJECT: Grant Funding Applications for Transportation hnprovement Projects BACKGROUND: This memorandum provides the Council with the current funding availability for grants applications through the Transportation Improvement Board (TIB). Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following project will likely be competitive in the 2005 TIB funding cycle. Pacific High,vay S HOV Phase III (S 284th Street to Dash Point Road) (Construction Phase) Project Cost Grant Fund Required Match · 2005 Transportation Partnership Program (State) $7,169,000 $4,301,400 $2,867,600 S 356th Street (1st Avenue to Pacific Highway) (Construction Phase) Project Cost Grant Fund Required Match · 2005 Transportation Partnership Program (State) $8,400.000 $5,040,000 $3,360,000 RECOMMENDATION: Staff recommends placing the following items on the September 2, 2003 Council consent agenda: Authorize staff to submit grant funding application for TIB 2005 Funding Program for the following transportation Improvements projects: o Pacific Highway S HOV Phase III (S 284th Street to Dash Point Road) o S 356th Street (1st Avenue to Pacific Highway) I E~c ~r'~'ai~d, ~hair· · Dean Mc Colga , e ' ~v, ic '"~ ~er ~ MS:ss cc: Project File Day File k:\lutcX2003\0804 grant funding application for transportation improvement project.doc 1 MEETING DATE: September 2, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 51 st Avenue SW Storm Mainline Replacement (Crestview Shoreclub) - 30% Design Approval & Authorization to Proceed to 100% Design. CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated August 4, 2003 SUMMARY/BACKGROUND: The storm system serving a portion of 51st Avenue SW, whose outfall terminates at Puget Sound, has a section of corrugated metal pipe (CMP) that failed. This system was previously unknown to SWM until a watermain break along SR-509 that occurred in the summer of 2002. After temporary repair work was completed, more extensive tests show that replacement is necessary. SWM staff has contracted with one of our Small Works A&E firms to design the replacement of this failed pipe. The preferred design is to slip-line the existing pipe with a smaller diameter high-density polyethylene (HDPE) pipe. The HDPE pipe is a continuous length of pipe that has no joints. The pipe will be pulled through the existing pipe and secured at the manhole at the top of the steep slope. This project is either in or near regulated slopes and sensitive areas. Community Development has reviewed the preliminary plans and the maintenance project as proposed does not require any further review or approval from Community Development. The project will be funded by the 2003/2004 SWM small works CIP budget. Staff anticipates bidding the project in October 2003 and awarding in November 2003. Construction will commence in December 2003 with an estimated substantial completion date of December 31, 2003. CITY COUNCIL COMMITTEE RECOMMENDATION: At its July 7, 2003 meeting, the Land Use/Transportation Committee recommended Staff requests that the Committee place the following project recommendations on the September 2, 2003 City Council Consent Agenda: · Approve 30% design for the 51st Avenue SW Storm Mainline Replacement Project; · Authorize staff to proceed to 100% design. PROPOSED MOTION: "I move to authorize Approval of the 30% design for the 51st Avenue SW Storm Mainline Replacement Project and authorize staff to proceed to 100% design." CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERREDfNO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF Federal Way DATE: TO: FROM: VIA: SUBJECT: August 4, 2003 Eric Faison, Chair Land Use and Transportation Committee Paul A. Bucich, SWM Manager~ David H. _M~y~Manager 51st Avenue SW Storm Mainline Replacement (Crestview Shoreclub)- 30% Design Approval & Authorization to Proceed to 100% Design. BACKGROUND The storm system serving a portion of 51st Avenue SW, whose outfall terminates at Puget Sound, has a section of corrugated metal pipe (CMP) that failed. This system was previously unknown to SWM until a watermain break along SR-509 that occurred in the summer of 2002. The excess water flowing into the storm system on 51 st Avenue SW from the watermain break either caused, or made worse, a break in the portion of the storm line that traverseS the steep slope from the end of 51st Avenue SW down to the discharge point at Puget Sound. The section that broke is located within a drainage easement dedicated to King County in 1974. The pipe separated and allowed water to spill out onto the steep slope, eroding away the soil around the pipe. Local residents noticed the erosion and exposed broken pipe and contacted SWM maintenance staff. Crews were dispatched and the pipe was temporarily patched. However, it remains exposed on the steep slope and a recent Closed Circuit TV inspection of the pipe shows significant separation of the remaining joints and deformation of the pipe near the outfall. SWM staff has contracted with one of our Small Works A&E firms to design the replacement of this failed pipe. The preferred design is to slip-line the existing pipe with a smaller diameter high-density polyethylene (HDPE) pipe. The HDPE pipe is a continuous length of pipe that has no joints. The pipe will be pulled through the existing pipe and secured at the manhole at the top of the steep slope. This project is either in or near regulated slopes and sensitive areas. The City of Federal Way's Stormwater System Operations & Maintenance Manual provides exempt status for most maintenance related work, though it does recommend consulting with Community Development (CD) for further guidance when projects occur in sensitive areas and regulated slopes. CD has reviewed the preliminary plans and the maintenance project as proposed does not require any further review or approval fi.om CD. The 30% Design Plans & Specs will be presented to the Committee at the August 4th meeting. 07/29/2003 LUTC memo - 51st Avenue SW Storm Mainline Replacement Project Page 2 PROJECT FUNDING: The project is funded as follows: PROJECT EXPENDITURES Design Engineers Construction Estimate 20% Construction Contingency Construction Management TOTAL PROJECT COSTS (Preferred Alternative 2) $24,500.00 $45,000.00 $ 9,000.00 in-house $78,500.00 FUNDING AVAILABLE The project will be funded by the 2003/2004 SWM small works CD budget. Staff anticipates bidding the project in October 2003 and awarding in November 2003. Construction will commence in December 2003 with an estimated substantial completion date of December 31, 2003. Recommendation: Staff requests that the Committee place the September 2, 2003 City Council Consent Agenda: 1. 2. following project recommendations on the Approve 30% design for the 51st Avenue SW Storm Mainline Replacement Project; Authorize staff to proceed to 100% design. APPROVAL OF COMMITTEE RE4~O~T: ~/~-.,~5'~.~~'') :::. '' ? E~'i~c 'Faisoi~ Chair De~Wl$'~cColgan, Metfib~ '~Michael Pa~mber PB:ss cc: Project File Day File CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Request for Street Vacation of Portion of Puget Sound Marine View Drive CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ [] CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Staff report to Land Use/Transportation Committee dated July 7, 2003. SUMMARY/BACKGROUND: Brad and Mary Jo McHenry have petitioned the City to vacate a portion of Puget Sound Marine View Drive, located between SW Dash Point Road and 28th Avenue SW. (See the accompanying map of the area to be vacated for exact location.) The area requested for vacation is in two sections. The southern portion is unopened Right-of-Way that has been partially maintained by the abutting property owners and in some portions the property owner to the west has encroached upon the Right-of-Way with a fence. This portion is abutted by SW Dash Point Road to the south, a single private property to the west, 28th Avenue SW to the north, and two private properties to the east. The northern portion is unopened Right-of-Way that has been partially maintained by the property owner who owns both properties, east and west of the area proposed for vacation. The northern section also abuts Poverty Bay Park on the north end, and 28th Avenue SW to the south. The Right-of-Way width for both portions of Puget Sound Marine View Drive is Eighty-feet (80'). The areas in which the Right-of-Way is located are zoned Residential 15.0 and are listed as Single Family, Medium Density in the Comprehensive Plan. The street vacation is being sought by abutting property owners, as they believe the Right-of-Way will never be developed and thus want the existing Right-of-Way to have the ability to subdivide, build home additions or garages. The area to be vacated has four (4) abutting private property owners, all of which have signed the petition. The petitioners did not meet Mandatory Criteria gib - The street, alley or portion thereof is no longer required for public use, Discretionary Criteria #2c - Whether conditions may so change in the future as to provide a greater use or need than presently exists, or Discretionary Criteria #2e - The vacation would not interfere with future development or access to other existing or future development, as set forth in FWCC Section 13-102 required for granting the vacation request. The reason the criteria were not met was due to the potential use of this Right-of-Way as a vehicular and/or pedestrian access to Poverty Bay Park, which will be master planned in 2005. Because the petitioners did not meet all of the criteria, staff recommends denial of the vacation request. See the attached staff report for further details. CITY COUNCIL COMMITTEE RECOMMENDATION: At their July 7, 2003 meeting, the Land Use and Transportation Committee recommended approval of the resolution setting the public hearing at the September 2, 2003, regular Council meeting. At their regular meeting on August 5, 2003, the City Council approved the resolution setting the public hearing for September 2, 2003. PROPOSED MOTION: "I move denial of the request for street vacation of a portion of Puget Sound Marine View Drive." ~'i'~V" M AN AG ER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND RE aDING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/I 0/2001 CITY OF Federal Way DATE: July 7, 2003 TO: Eric Faison, Chair Land Use / Transportation Committee FROM: VIA: SUBJECT: Marwan Salloum, Street Systems Manager David H.~~X~anager Request for Street Vacation of Portion of Puget Sound Marine View Drive BACKGROUND Brad and Mary Jo McHenry have petitioned the City to vacate a portion of Puget Sound Marine View Drive, located between SW Dash Point Road and 28th Avenue SW. (See the accompanying map of the area to be vacated for exact location.) The area requested for vacation is in two sections. The southern portion is unopened Right-of-Way that has been partially maintained by the abutting property owners and in some portions the property owner to the west has encroached upon the Right-of-Way with a fence. This portion is abutted by SW Dash Point Road to the south, a single private property to the west, 28th Avenue SW to the north, and two private properties to the east. The northern portion is unopened Right-of-Way that has been partially maintained by the property owner who owns both properties, east and west of the area proposed for vacation. The northern section also abuts Poverty Bay Park on the north end, and 28th Avenue SW to the south. The Right-of-Way width for both portions of Puget Sound Marine View Drive is Eighty-feet (80'). The areas in which the Right-of-Way is located are zoned Residential 15.0 and are listed as Single Family, Medium Density in the Comprehensive Plan. The street vacation is being sought by abutting property owners, as they believe the Right-of-Way will never be developed and thus want the existing Right-of-Way to have the ability to subdivide, build home additions or garages. The area to be vacated has four (4) abutting private property owners, all of which have signed the petition. ACTION The petitioners did not meet Mandatory Criteria #lb - The street, alley or portion thereof is no longer required for public use, Discretionary Criteria #2c - Whether conditions may so change in the future as to provide a greater use or need than presently exists, or Discretionary Criteria #2e - The vacation would not interfere with future development or access to other existing or future development, as set forth in FWCC Section 13-102 required for granting the vacation request. The reason the criteria were not met was due to the potential use of this Right-of-Way as a vehicular and/or pedestrian access to Poverty Bay Park, which will be master planned in 2005. Because the petitioners did not meet all of the criteria, staff recommends denial of the vacation request. See the attached staff report for further details. RECOMMENDATION Staffrecommends denial of the requested street vacation and requests placing the attached resolution setting the time and date of the Public Hearing to be at the Council meeting one, 2003 at 7:00 p.m., on the ~3 Council consent agenda. k:\lutcX2OO3Xrequest for street vacation of portion of puget sound marine view drive.doc APPROVAI~ OF COMMITTEE 'REI'OI~i': /'Z~// Er~son, ~h~ir Dean ~lcCol~an,~lc,nber Michael .Par~cmbcr MS:ss cc: Project File Day File City of Federal Way STAFF I~,EPORT TO THE LAND USE AND TRANSI~ORTATION COMMITTEE PETITION FOR VACATION OF A PORTION OF PUGET SOUND MARINE VIEW DRIVE Federal Way File No. 03-100466 DATE: June 23, 2003 PROPOSED ACTION: Petition for vacation of a portion of Puget Sound Marine View Drive PETITIONER: Brad and Mary Jo McHenry LOCATION: See attached vicinity map REPORT PREPARED BY: John Mulkey, Street Systems Engineer RECOMMENDATION: Deny Street Vacation Request I. BACKGROUND Brad and Mary Jo McHenry have petitioned the City to vacate a portion of Puget Sound Marine View Drive, located between SW dash Point Road and 28a' Avenue SW and between 28a' Avenue SW. See the Street Vacation Petition (Exhibit A) and the accompanying map of the area to be vacated (Exhibit B) for exact location. The area requested for vacation is in two sections. The southern portion is unopened Right-of-Way that has been partially maintained by the abutting property owners and in some portions the property owner to the west has encroached upon the Right-of-Way with a fence. This portion is abutted by SW Dash Point Road to south, a single private property to the west, 28th Avenue SW to the north, and two private properties to the east. The northern portion is unopened Right-of-Way that has been partially maintained by property owner who owns both properties, east and west of the area proposed for vacation. The northern section also abuts Poverty Bay Park on the north end, and 28th Avenue SW to the South. The Right-of-Way width, for both portions of Puget Sound Marine View Drive is eighty (80) feet. There is no proposed street section for either portion of Right-of-Way, as shown in the City's comprehensive Plan. The areas in which the Right-of-Way areas are located are zoned Residential 15.0 and are listed as single family, Medium Density in the Comprehensive Plan. The street vacation is being sought by abutting property owners, as they believe the areas will never be developed, and want the existing property to have the ability to subdivide, build home additions or garages. The area to be vacated has four (4) abutting private property owners, all of which have signed the petition. II. COMPLIANCE VVITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY CODE (FWCC} SECTION 13-102 A. Mandatory Criteria: The following criteria are mandatory and must be met before a petition for a street vacation may be approved: Criteria # 1 a - The vacation provides a public benefit or is for a public benefit. The benefit may include ecottotttic or business support that the cottttttttttity as a whole derives froth the abtttthtg property owtter. 1 Puget Sound Marine View Drive Street Vacation Staff' Report Thc land is not currently used or maintained by the City. Thc vacation of the portion of Puget Sound marine View Drive could provide a public benefit in that the land will be purchased and maintained by property owners. Thc vacation would benefit thc property owners in that they would have more property and allow For possible sub division or improvements to their respective propemcs. Criteria//lb - The street, alley or portion thereof is no longer required for public use. These areas encompass unopened Right-of-Way, which have not been used for access to any other areas. Although the Comprehensive Plan does not show this road to be opened to traffic the City Parks Department intends to begin planning development of Poverty Bay Park, which abuts the proposed area for vacation to the north. The Poverty Bay Park Master Plan is a 2005 funded project. As this right of way offers the potential for possible vehicular and/or pedestrian access to the park property, there is the potential for future public use of the property. Criteria # 1 c - The vacation does not abut a body of water, such as a river, a lake, or salt water, except for a public purpose such as a park or port facility attd which reverts to a public attthority. This Right-of-Way is not located in the vicinity of a body of water, therefore this criteria is not applicable. B. Discretionary Criteria: Compliance with the following criteria is not mandatory, but the Council must consider them in making its decision. Criteria #2a - The vacation meets the intent of the City's Comprehensive Platt's general purposes attd objectives. The City's Comprehensive Plan has no requirements for future roads in the locations proposed for vacation. The areas in which the Right-of-Way areas are located are zoned Residential 15.0 and are listed as single family, Medium Density in the Comprehensive Plan. The proposed vacation area abuts Poverty Bay Park, which is planned for development in the future. Possible future pedestrian and/or vehicular access to the Park could be made through this Right-of-Way. Criteria #2b - The vacation provides for att exchange of public property bt the public btteres£ There is no exchange of public properly associated with this vacation petition. Criteria #2c - Whether conditions may so change itt the fitture as to provide a greater use or need than presently exists. The City Parks Department intends to begin planning development of Poverty Bay Park, which abuts the proposed are for vacation to the north, beginning in 2005. With development of the park property this area may be used to provide pedestrian and/or vehicular access to the park. This change in future conditions could provide a greater use and need for this properly than currently exists if this route is selected as an access route to the park. Criteria #2d - IVhether objectiolts to the proposed vacation are made by owners of private property (,~clusive of petitioners) abutthtg the same. As all abutting private property owners have signed the petition, this criteria is not applicable. Puget Sound Marine View Drive Street Vacation Staff Report Criteria #2e - The ,,acatiott wotdd trot ittterfere with ftttttre de~,elopmettt or access to other existittg or ftttttre develol~mettts. The vacation could interfere with future access and development of Poverty Bay Park, if this Right-of-Way was chosen as a pedestrian and/or vehicular access route to the park. Qwest has notified the City they currently have utilities within the proposed vacation area. Lakehaven Utility District is proposing future utilities in this area as well. Thc existing and proposed utilities must be granted easements through the property before vacation is allowed. III. PAYMENT As per RCW 35.79.030, Section 1, because the property has been part of a dedicated public Right-of-Way for over twenty five (25) years, having been conveyed to King County in 1930, the full amount of the appraised value (based on an appraisal acceptable to the City) of the land would be required as payment to the City if the proposed vacation is approved. IV. RECOMMENDATION Mandatory Criteria I b and Discretionary Criteria 2c and 2e have not been met as per the potential to develop this area as an access to Poverty Bay Park. Staffrecommends the petition for vacation ora portion of Puget Sound Marine View Drive not be approved until such time as the decision for access into Poverty Bay Park has been determined. If the vacation petition is granted, the vacation should not be approved until all current and proposed utilities are granted easements through the property. k:XstreetsXstreet vacationXpuget sound marine view drive\final staff report.doc EXItlBIT A STREET and/or ALLEY VACATION and PETITION Dear Mayor and Federal Way City Council: We, the undersigned abutting property owners, hereby respectfully request that certain ca-/~ X £/~7 ~ ~ ~,~zv-.J3 ~-.,/a> a-~.~4,z.~--ra~-/./~.-a' 7"~/OQ/t5 hereby be vacated. (General Location) _Legal Description Brief Statement ~;h¥ Vacation is Being Sough_hr Req~ifdd Attachment~c~~ y_ / ~ o~ ~2~ ~ Ho~ ~ i _ t Cu~ent Ode re~rt ~ ~ ~rporatio~armership (if appli~ble) Pr~f of individual's authori~ to si~ on behalf of ~rporatio~armership shall ~ submitted. Attach a color<~ed map ora s~[e not less than 1" = 2~' of the area sought for vacation. *Note: Map must corres~nd with legal description. Application fee Abutting Property Owners' Tax Lot # Signatures and Addresses Lot, Block & Plat/Sec. Twn. RG Fee Paid Appraisal Fee Paid Land Value Paid. Deed Accepted Trade Accepted Treasurer's Receipt No. O .3 -COC~:~q_ 'a (~ Treasurer's Receipt No. Treasurer's Receipt No. Date: Date: 306 ST PUGET SOUND MARINE VIEW DRIVE STREET VACATION EXHIBIT B N W+ E s Map Printed-Mar 26 2003 Federal Way CityMap Note: This map is intended f(~ use as a graphical representahon only MEETING DATE: September 2, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: COMMUNITY CENTER FACILITY CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: The City Council is conducting a public hearing prior to making a final decision on the proposed community center facility. Following public comment and discussion, Councilmembers have the option of taking action or postponing to a later date. CITY COUNCIL COMMITTEE RECOMMENDATION: PROPOSED MOTION: Subject to discussion (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Speed Limit and Parking Code Revisions CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo to Land Use / Transportation Committee dated August 4, 2003 and Ordinance amending FWMC Chapter 15. SUMMARY/BACKGROUND: As part of a traffic calming plan that was developed as mitigation for Todd Beamer High School, a desire to reduce the speed limit on 16~ Avenue S and S 364th Way was identified in the vicinity of the high school. In addition, upon review of existing code language, staff discovered that 1st Avenue S between S 296th Place and the north city limit was not posted with a speed limit consistent with the code. The City Council has authority to determine all speed limits in Federal Way, except on state highways where the Washington State Transportation Commission has sole authority. Streets not explicitly defined in the code default to the state maximum speed limit, which is 25 mph on city streets. Staff also discovered that parking restrictions had not been administered consistent with code. Many locations have been administratively posted as "no parking" zones without Council authorization, and Council has not delegated that authority to staff. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 4, 2003 meeting, the Land Use/Transportation Committee recommended Section 15-59 be amended to: · Reduce the speed limit on 16th Avenue S between S 356th Street and S 364th Way and on S 364th Way between 12th Avenue S and 16th Avenue S be reduced from 35 mph to 30 mph; · Reduce the speed limit on 1st Avenue S between SW 292nd Street and S 296th Place from 30 mph to 25 mph. · Sections 15-96 and 15-97 be replaced with language that delegates the authority to determine parking restrictions to the Public Works Director. PROPOSED MOTION: "I move the proposed Ordinance to second reading and approval at the next regular meeting on September 16, 2003." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: August 4, 2003 Eric Faison, Chair Land Use and Transportation Committee Rick Perez, City Traffic Engineer ~ David H._~ager Speed Limit and Parking Code Revisions BACKGROUND Speed Limit Ordinance As part of a traffic calming plan that was developed as mitigation for Todd Beamer High School, a desire to reduce the speed limit on 16th Avenue S and S 364th Way was identified in the vicinity of the high school. In addition, upon review of existing code language, staff discovered that 1 st Avenue S between S 296th Place and the north city limit was not posted with a speed limit consistent with the code. The City Council has authority to determine all speed limits in Federal Way, except on state highways where the Washington State Transportation Commission has sole authority. Streets not explicitly defined in the code default to the state maximum speed limit, which is 25 mph on city streets. Parking Restrictions Staffalso discovered that parking restrictions had not been administered consistent with code. Many locations have been administratively posted as "no parking" zones without Council authorization, and Council has not delegated that authority to staff. ANALYSIS Speed Limit Ordinance The federal Manual on Uniform Traffic Control Devices, adopted by the city in FWCC Section 22-1476, lists the following criteria for determining appropriate speed limits: 1. Road surface characteristics, shoulder condition, grade, alignment, and sight distance; 2. The 85th percentile speed and pace speed; 3. Roadside development and culture, and roadside friction; 4. Safe speed for curves or hazardous locations within the zone; 5. Parking practices and pedestrian activity; 6. Reported accident experience for a recent 12-month period. Another criterion that staff would consider is consistency with speed limits on similar streets. k:\lutcX2003\0804 speed limit and parking code revisions.doc The Institute of Transportation Engineer's Traffic Engineering Handbook provides the following rationale and guidance for setting speed limits: Proper use of speed regulation is based on the recognition that lower speed reduces stopping distances and generally reduces severity of accidents. Speed regulations and speed limits are intended to supplement motorists' judgment in determining speeds that are reasonable and proper for particular traffic, weather, and roadway conditions. · However, if drivers do not consider speed regulations to be reasonable, the limits will be disobeyed and lose much of their value. · The more a driver deviates from the average speed of traffic, the greater his or her chance of being involved in an accident. · The 85th percentile speed as determined by speed studies is a principal factor to be used in the determination of proper speed limits. It is generally assumed that 85% of drivers operate at speeds that are reasonable and prudent for the conditions present in each situation. Hence, the 85t~ percentile speed of a spot-speed distribution is afirst approximation of the speed zone that might be imposed, subject to consideration of other factors, as listed above [citing MUTCD criteria]. In considering speed limit revisions, it may also be useful to consider the experience of the previous change in speed limits, adopted in Ordinance 00-364. Staff conducted follow-up studies approximately one year after the implementation of the new speed limits on S 304~ Street between SR-99 and Military Road S, 23Ta Avenue S between S 312th Street and S 317th Street, SW 342nd Street between 35th Avenue SW and Hoyt Road SW, and SW 356th Street between 1st Avenue S and 20~ Avenue SW, Data are shown in the tables below: S 304th Street: SR-99 - Military Rd S Speed Limit 35 30 85th percentile speed 42 42 10 mph pace speed 35-44 35-44 % in pace ~ 73% 71% Collision Rate per million vehicle miles18.00 (1994-1996) 35.50 (2001-2002) Collisions per year 15.00 29.50 23~a Avenue S: S 312th Street - S 317th Street . 'i':' ;': ". "'3mi,~ [ ..,~Before :' .'..... ...After" ~ `~',a?, ~,,.,..,.~:~}.::.y'""'~ ....... ' ,.,A,.~,z.:v'~ y:~ ..... ~,,~r, Speed Limit 30 25 85m percentile speed 34 35 10 mph pace speed 23-32 27-36 % in pace 58% 72% Collision Rate 10.74 13.10 Collisions per year 6.67 7.5 k:\lutc~2003\0804 speed limit and parking code revisions.doc SW 342"d Street: 35th Avenue SW - Hoyt Rd SW Speed Limit 35 25 85th percentile speed 37 42 10 mph pace speed 27-36 27-36 % in pace 66% 62% Collision Rate 1.44 0.90 Collisions per year 1.67 0.50 SW 356th Street: 1st Avenue S - 20th Avenue SW Speed Limit 35 40 85th percentile speed 43 43 10 mph pace speed 35-44 35-44 % in pace 80% 84% Collision Rate 2.88 1.24 Collisions per year 16.33 7.00 In general, this analysis finds that the results of changing speed limits are consistent with traffic engineering experience and contrary to normal public expectations. Speeds did not change significantly whether the speed limit was raised or lowered, and in fact, safety was increased significantly only when the speed limit was raised closer to the 85th percentile speed. It should be noted that the collision experience after the speed limit was lowered on SW 342nd Street is also influenced by the installation of two speed humps in 2001. Analysis of the proposed changes follows. 16th Avenue S and S 364th Way between S 356th Street and 12th Avenue S Both these streets a two-lane principal collector with a posted speed limit of 35 mph. The cross-section varies from curb, gutter, and sidewalk on one side and ditch and shoulder section on the other side to ditch sections on both sides. The horizontal alignment is straight, except for the curve at 16th Avenue S and S 364* Way, which was reconstructed to current standards for 30 mph design speed as part of the frontage improvements for the high school. The vertical alignment restricts sight distance at the intersection of S 359th Street and just north of S 364th Way, which are adjacent to roundabouts installed as mitigation for the high school. A speed table was also installed midway between the roundabouts as part of the traffic calming plan. Comprehensive plan designations are for medium-density single-family residential south of S 359th Street, multi-family to the east north of S 359th Street, and Business Park to the west. The 85th percentile speed is 30 mph. The 10 mph pace is 23 to 32 mph with 70% within this range. There is little parking activity in the roadway shoulders. Although there is limited pedestrian activity, it is assumed that this will increase with the opening of the high school. In 1997 through 2002, the corridor collision rate is 12.17 collisions per million vehicle miles, compared to a citywide average for principal collectors of 11.53. A high collision intersection is located at S 359th Street with a collision rate of 1.05, which appears to be related to a sight distance restriction and should improve with the installation of the roundabout. Given the expected increase in pedestrian traffic, and that the existing speeds are consistent with a lower speed limit, staff recommends reducing the speed limit from 35 to 30. k:qut&2003\0804 speed limit and parking code revisions.doc 1st Avenue S between S 296th Place and the north city limits 1st Avenue S is a two-lane principal collector with a posted speed of 25 mph, even though existing code identifies the speed limit as 30 mph. Shoulders are surfaced with a combination of gravel and asphalt concrete, with a steep grade and a horizontal curves with a design speed of 35 mph. The 85t~ percentile speed is 32 mph and the 10 mph pace speed is 23 to 32 with 77% of drivers in this range. The roadside is lightly developed with single-family residential. Several driveways veer off the street at acute angles due to the steep topography, creating sight distance problems at these driveways. There is no on street parking, and pedestrian use is light, and there are no designated safe walking routes to schools, but there are bus loading zones on 1st Avenue S. The corridor collision rate is 1.83 collisions per million vehicle miles, compared to a citywide average of 11.53 for principal collectors. There are no high collision rate intersections on this segment of 1 st Avenue S. Staffdiscovered that the posted speed limit on this segment of 1st Avenue S is 25, but the existing code language specifies a 30 mph speed limit. Due to the sight distance restrictions at driveways and low existing collision rate, staff recommends that the existing speed limit signing be codified to 25 mph. Parking Resthctions Staffhas found that the existing language specifying each parking restriction in the City has not been kept current, and staff has administratively signed additional no parking zones without Council process. Note that the code language has not been amended since its initial adoption in 1990. Given the number and detailed, site-specific nature of parking restriction requests, staff recommends that the authority to designate parking restrictions be delegated to the Public Works Director. RECOMMENDATION Attached are the draft code revisions that would implement staff recommendations. Staff recommends that: 1. Section 15-59 be amended to: a. Reduce the speed limit on 16th Avenue S between S 356th Street and S 364t~ Way and on S 364th Way between 12th Avenue S and 16t~ Avenue S be reduced from 35 mph to 30 mph; b. Reduce the speed limit on 1 st Avenue S between SW 292nd Street and S 296th Place from 30 mph to 25 mph. 2. Sections 15-96 and 15-97 be replaced with language that delegates the authority to determine parking restrictions to the Public Works Director. APPROVAls, O~TTEE REPORT: C6ffinCmee Chair ~" '"" q~n~mittee Menff~er RP/ss cc: Project File Day File k:\lutcL2003\0804 speed limit and parking code revisions.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 15, SECTIONS 15-59, 15-96, AND 15-97 RELATED TO SPEED LIMIT SCHEDULE AND PARKING LIMITATIONS AND RESTRICTIONS WITHIN THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 00-364, 90-47, 90-42) WHEREAS, the City Council for the City of Federal Way has determined that there should be regulation of the speed of vehicles using the City streets, roads and highways; and WHEREAS, the City Council for the City of Federal Way has determined that there should be regulation of parking of vehicles on City streets, roads and highways; and WHEREAS, the construction of the Todd Beamer High School has changed traffic conditions and increased traffic volume; and WHEREAS, discrepancies between speed limits and parking restrictions posted and codified have been identified; and WHEREAS, this ordinance is in the interest of the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDA1N AS FOLLOWS: Section 1. Speed Limits. The Federal Way City Code, Chapter 15, Article III, Section 15-59 Schedule is hereby amended as follows: ORD # ., PAGE 1 15-59 Schedule. The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The city manager shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this article. (1) Speed limit 30 mph. No person shall operate a motor vehicle upon the following desCribed roads in excess of 30 miles per hour: 9th Avenue South, between South 336th Street and South 348th Street. 1 lth Place South, between South 320th Street and South 324th Street. 16th Avenue South, between South 356th Street and South 364th Way. 23rd Avenue South, between South 312th Street and South 324th Street. South 304th Street, between Pacific Highway South and Military Road South. South .a64th-324th Street, between 1 lth Place South and 23rd Avenue South. South 364th Way, between 12th Avenue South and 16th Avenue South. Southwest 356th Street, between 20th Avenue Southwest and Pierce County. (2) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: 1 st Avenue South, between South 296th Street and South 356th Street. 12th Avenue South, between South 372nd Way and SoUth 364th Way. ORD # ., PAGE 2 16th Avenue South, between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and 348th Street, ~'~'~ ~'~*' .....~^,,~, ~ ~,~, ~,,-,~,,~ ,,,~,~ c,,,,,~ 3,54th Way. 10th Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest. 21 st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th Street. 28th Avenue South, between South 304th Street and South 317th Street. South 288th Street, between Pacific Highway South and F.A.I. #5. South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South. South 317th Street, between 28th Avenue South and 23rd Avenue South. South and Southwest 320th Street, between 1,000 feet west of 1st Avenue South and F.A.I. #5 and between 21 st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between 1 st Way South and Weyerhaeuser Way South. Southwest 336th Street, between 21 st Avenue Southwest and 26th Place Southwest. Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest. Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest. South 344th Street, between Weyerhaeuser Way South and 1500 feet east of Weyerhaeuser Way South. Southwest 344th Street, between 21 st Avenue Southwest and 35th Avenue Southwest. South 348th Street, between 1 st Avenue and Pacific Highway South. South 356th Street, between 1st Avenue South and 16th Avenue South. ORD # , PAGE 3. South 359th Street, between Pacific Highway South and 16th Avenue South. South 373rd Street, between Pacific HighWay South and South 372nd Way. South 372nd Way, between 12th Avenue South and South 373rd Street. Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County. Milton Road South, between Enchanted Parkway South and South 369th Street. Redondo Way South, between South Dash Point Road and the South 284th Street (if extended). Southwest Campus Drive, between 1 st Avenue South and 21 st Southwest. South Star Lake Road, between South 272nd Street and Military Road South. Weyerhaeuser Way South, between South 320th Street and South 349th Street. (3) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour: South and Southwest 320th Street, between 21 st Avenue Southwest and 1,000 feet west of 1 st Avenue South and between F.A.I. #5 and 1,000 feet east of Weyerhaeuser Way South. Southwest 356th Street, between 1 st Avenue South and 20th Avenue Southwest. Military Road South, F.A.I. #5 at South Star Lake Road and F.A.I. #5 at South 307th Street (if extended). (Ord. No. 90-29, § 4, 2-13-90; Ord. No. 93-177, § 1,6-1-93; Ord. No. 96-259, § 1, 1- 2-96; Ord. No. 00-364, § 1, 2-15-00) ORD # , PAGE 4 Section 2. Parking Limitations. The Federal Way City Code, Chapter 15, Article IV, Division 2, Section 15-96, is hereby amended as follows: 15-96 o~.;;.;,~.~ at "" *~ ' ' .................... ~Authorlt5 to Impose Linfitations. feet soufi: of State R ..... 599. ~;~, ~11 Hi~ ~gh Iwa) Scut]l +o ~;., ~n4 c~+ ~+ ~c+h .... +~.~; .... c~;~ H way ~ The public works director has the authority, with respect to public highways, streets, roads and thoroughhres under the city's jurisdiction, to prohibit or limit the times that on-street parking is to be legally pemfitted. (Ord. No. 90-42, ~ 1, 2-27-90; Ord. No. 90-47, ~ 1, 3-20-90) ORD # ., PAGE 5 Section 3. Parking Signs. The Federal Way City Code, Chapter 15, Article IV, Division 2, Section 15-97, Signs, is hereby amended as follows: ~ ........... ~ ..................... ~, ~ .......................................... no~k of r~ SW ~o~,~ e,.~, ~.~+~ ~;~ ~ ..... ~a,~. ~ .......cxxz ~..A ~,~ ~ ........ SW.When the public works director detemfines parking restrictions are necessa~, pursuant to FWCC 15-96, he or she shall erect, or cause to be erected and maintained, si~s designating the parking restrictions. No such limitations shall be effective tmless si~s are in place. ~ no other case shall enforcement ~d effectiveness of this division be conditioned on signage. (Ord. No. 90-42, ~ 2, 2-27-90) Section 4. Severability. The provisions oft~s ordinance are decl~ed separate and severable. The invalidity of~y clause, sentence, p~agaph, subdivision, section, or poaion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # , PAGE 6 Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. CITY OF FEDERAL WAY MAYOR, JEANNE BURBDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\Ordin\Chapter 15 072403 ORD # , PAGE 7 MEETING DATE: September 2, 2003 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22 (ZONING), ARTICLE XIII, CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) Proposed Ordinance with Exhibit A. 2) July 29, 2003, Memorandum to the Land Use/Transportation Committee (LUTC) with Exhibits 1-4.3) Exhibit B - LUTC's amendment to Planning Commission's recommendations. SUMMARY/BACKGROUND: Over the years, the City's Code Compliance Officer has received many complaints fi.om citizens regarding the parking of oversized commercial vehicles on lots within residemial zones. However, the limitations of the language in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. The.purpose of this revision is to better define the types and nature of vehicles normally prohibited from being stored on a residential lot, yet accommodate to an appropriate extent vehicles normally associated with a residence. The Planning Commission conducted a public hearing on July 16, 2003, and recommended to the council that the amendments as proposed by staff be approved with one change to allow commercial vehicles on residentially zoned lots pursuant to Process III approval (Page 2 of Exhibit 2 of July 29, 2003, Memorandum to the LUTC). CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the Planning Commission's recommendations during a public meeting on August 4, 2003. At that meeting, the LUTC made a motion to forward the Planning Commission's recommendations to the City Council with one additional amendment intended to clarify the definition of commercial vehicle by including a reference to any non-motorized trailer or other method of conveyance used for commercial purposes in the proposed definition (this language is shown in small caps and bold on attached Exhibit B). PROPOSED MOTION: "I move the LUTC's recommendation to approve the amendments conceming oversized vehicles, which are attached as Exhibit A to the proposed ordinance to second reading and enactment on September 16, 2003.' CITY MANAGER APPROVALS\ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT READING ENACTMENT READING ORDINANCE # RESOLUTION # 1:~003 Code Amendments\Oversize Vehicles\City Council\090203 AGENDA BILL.docJ08/25/2003 10:55 AM CITY OF FEDERAL WAY ORDINANCE NO. 03 - DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) 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 amending FWCC Chapter 22 (Zoning) to add a new definition of commercial vehicles and clarify under what conditions they are allowed on lots in residential zones is in the public interest; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council with one change to allow commercial vehicles on lots in residential zones based on a Process III review and approval; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to adding a new definition of commercial vehicles and clarifying under what conditions they .are allowed on lots in residential zones are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No. 03 - , Page ! Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the Comprehensive Plan concept to preserve and enhance existing residential neighborhoods. and 3. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-related accidents. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detracts from the neighborhood character. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severabili _ty. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. Ord No. 03 - , Page 2 on the PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council · day of ,2003. APPROVED: MAYOR, JEANNE BURB1DGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I:~2003 Code Amendments\Oversize Vehicles\City Council~Adoption Ordinance.doc/08/25/2003 1:38 PM Ord No. 03 - , Page 3 EXHIBIT A FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class H home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1178, any motorized vehicle or truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. I:L2003 Code Amendments\Oversize Vehicles\City CouncilXExhibit AkDefinitions.doc/08/25/2003 1:32 PM EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and -,:se Parkin~ and storape in residential zones limited. pt · Exce as specified :-,,, or boat on any ~* :~ a Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any motorized vehicle or truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washin~on (RCW), or any non-motorized trailer or other method of conveyance, the principal use of which is the transpo~ation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. {a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utili _ty vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utili _ty trailers based on the following conditions: (1) Vehicle does not intrude into public rightszof-way, pedestrian pathways, or obstruct sight visibili _ty from adiacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory_ to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. lb) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 22 !!77 22-1179 Exceptions. (-b-) The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 !178 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) ,,,~ ~ ~,m 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 !!gO 22-1182 - 22-1195 Reserved. I:~2003 Code Amendments\Oversize Vehicles\City CouncilX, Exhibit A~Division 11 -- New Code Language.doc/08/26/2003 4:45 PM EXHIBIT A FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) I:L2003 Code Amendments\Oversize Vehicles\City CouncilXExhibit A~lonconformance.doc/08/25/2003 1:41 PM ©2002 Code Publishing Co. Page I Federal Way PLANNING COMMISSION RECOMMENDATION July 29, 2003 TO: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David Mo.~ager Kathy McClung,' Director of Community Development Services Martin Nordby, Code Compliance Officer Margaret H. Clark, AICP, Senior Planner ~ Amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) (File No. 03-102457-00-UP) August4,2003 I. BACKGROUND Over the years, the City's Code Compliance Officer has received many complaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. However, the limitations of the language in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. As time permits during the year, staff prepares amendtnents of a housekeeping nature to address problems such as this. The purpose of this revision is to better define the types and nature of vehicles normally prohibited from being stored on a residential lot, yet accommodate to an appropriate extent vehicles normally associated with a residence. The Planning Commission conducted a public hearing on July 16, 2003. After the close of the public hearing, the Planning Commission discussed the staff recommendation and recommended approval of said recommendation with one change as discussed in Section II! of this staff report to the City Council. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. II. DISCUSSION OF PROPOSED AMENDMENTS/PLANNING STAFF RECOMMENDATION Existing language in FWCC Section 22-1176, "Size and Use in Residential Zones Limited," states: "Except as specified in FWCC 22-1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length." Since commercial vehicles are not currently defined in the code, this language allows large commercial vehicles nine feet or less in height and 22 feet or less in length to be parked on lots in residential zones. On the other hand, it prohibits recreational/utility vehicles used for personal reasons to be parked on residential lots if they exceed these dimensions unless they apply for and are granted a Process III land use approval. A discussion of the proposed amendments as recommended by planning staff can be found in Exhibit 1 - Staff Report for the July 16, 2003, Planning Commission meeting, and is summarized as follows. Adopt a definition of"commercial vehicle." Vehicles meeting the definition of "commercial" would be prohibited from parking on lots in residential zones unless they are specifically exempted. The proposed new definition of commercial vehicle would be based on both their gross weight and use, rather than solely on size. In general, commercial vehicles would be defined as any truck over 10,000 lbs gross vehicle weight rating (GVWR), which are used primarily for transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment (Exhibit B of Exhibit 1). 2. The following commercial vehicles are proposed to be exempted (Exhibit A of Exhibit 1 [FWCC Section 22-1178]): i. Vehicles used for agricultural purposes on any lot in Single-Family Residential (RS 35.0) or Suburban Estates (SE) zones. ii. Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. iii. Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 3. The following types of vehicles and boats would be permitted to be parked or stored on lots within residential zones (Exhibit A of Exhibit 1 [FWCC Section 22-1177]): i. Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for transportation purposes. ii. Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. Amendments to FWCC, Chapter 22, Article XIII, Division I, "Vehicles and Boats" Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 2 iii. Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck cmnpers removed from a truck or pick-up, horse trailers, boat trailers ~vith or without boats, and utility trailers based on the following conditions: a. Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. b. Vehicle is maintained in a clean, operable condition. c. Vehicle parking or storage is accessory to an existing permitted residential use. iv. Recreational/utilityvehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. Existing code language has a process to allow the parking or storage of any vehicle on a lot in a residential zone if it meets the following criteria (Exhibit A of Exhibit 1 [FWCC Section 22-1179]): (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. The staff recommendation to the Planning Commission added language, which would not allow commercial vehicles to be parked or stored on residentially zoned lots under this provision. The Planning Commission did not accept this staff recommendation (please refer to Section III). As part of this code amendment, staff discovered a mistake that had been made by the codifiers in 1992. At that time, sections of the code were renumbered and rearranged. This resulted in a cross reference to Section 22-1176 being dropped from the requirement of immediate conformance (FWCC Chapter 22, Article IV, "Nonconformance," Exhibits C & D of Exhibit 1). This cross-reference is proposed to be reinserted (please refer to Exhibit E of Exhibit 1). III. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on July 16, 2003. After the close of the public hearing, the Planning Commission discussed the staff recommendations and recommended approval of the staff recommendation to the City Council with one exception. The Planning Commission recommended that coinmercial vehicles also be allowed on residentially zoned lots if approved through a Process III review. Please refer to Exhibit 2 for the Planning Commission's recommendation and Exhibit 3 for the meeting minutes. The planning staff recommendation is shown as str4keout (proposed deletions) and underline (proposed additions) and changes proposed by the Planning Commission are shown as double strikeout and double underline. Amendments to FWCC, Chapter 22, Article XIII, Division I, "Vehicles and Boats" Planning Commission Recommendation to LUTC File#03-102457-00-UP Page 3 IV. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adoption of the Planning Commission's recommendations. Vo LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTC. APPROVAL OF COMMITTEE AC/T~: ~ .., ./ 'Eric Faison, Chair D~n Mccc~gan hichael Pa~ ~ LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Staff Report for the July 16, 2003, Planning Commission Meeting with Exhibits A-D Planning Commission Recommendation Minutes of July t 6, 2003, Planning Commission Meeting Draft Adoption Ordinance IA2002 Code Amendments\ChanD:s to BN zone\LUTC\080403 PC Rec StaffReport to LUTC.doc/07/30/20039:52 AM Amendments to FWCC, Chapter 22, Article XIII, Division I, "Vehicles and Boats" Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 4 EXHIBIT 1 CITY OF ~ Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Fl/ay City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of July 16, 2003 BACKGROUND Over the years, the City's Code Compliance Officer has received many complaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. However, the limitations of the language in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. As time permits during the year, staff prepares amendments of a housekeeping nature to address problems such as this. The purpose of this revision is to better define the types and nature of vehicles normally prohibited from being stored on a residential lot, yet accommodate to an appropriate extent vehicles normally associated with a residence. II. DISCUSSION OF PROPOSED CODE AMENDMENTS Existing language in FWCC Section 22-1176, "Size and Use in Residential Zones Limited," states: "Except as specified in FWCC 22-1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length." Since commercial vehicles are not currently defined iii the code, this language allows large commercial vehicles nine feet or less in height and 22 feet or less in length to be parked on lots in residential zones. Therefore, one of the proposed amendineuts is a new definition for "commercial vehicle," which will be included in FWCC Section 22-1176 (Exhibit A). This definition will also be included in FWCC Section 22-1, "Definition" (Exhibit B). Vehicles meeting the definition of commercial would be prohibited unless they are specifically exempted. See Section II.C of this staff report and FWCC Section 22-1178 of Exhibit A. Based on the proposed new definition of commercial vehicle, the types of vehicles to be prohibited on residentially zoned lots would be based on both their gross weight and .use, rather than solely on size. EXHIBi-[ I pAGE_ I_OF ¢ A. New Definition of Commercial Vehicle The following definition would be added to FWCC Sections 22-1176 and 22-1, "Definitions": "Cotnmercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is tile transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment." B. Vehicles and Boats Permitted Under the proposed code amendment, FWCC Section 22-1176 would not regulate the vehicles described in this section of the staff report, and therefore, they could be parked or stored on residentially zoned lots as specified in Section 22-1177 of Exhibit A. Proposed FWCC Section 22-1177 would allow the parking of any size vehicle normally used primarily for private transportation purposes (Section II.B.a of this staff report). It would also respond to one of the Planning Commissioner's concerns by allowing tow trucks or other trucks 10,000 lbs GVWR or less that an on-call person may desire to bring home in the evening (Section II.B.b of this staff report). In addition, it would allow recreational/utility vehicles and boats less than 28 feet in length to be parked or stored in driveways based on certain conditions (Section II.B.c of this staff report), and would allow vehicles and boats 28 feet in length or longer to be parked or stored on-site if they are not parked in the driveway and are not visible from the public right-of- way (Section II.B.d of this staff report). The following types of vehicles and boats would be permitted under the proposed FWCC Section 22-1177: a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for transportation purposes. b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the followiug conditions: 1. Vehict~ does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. 2. Vehicle is maintained in a clean, operable condition. 3. Vehicle parking or storage is accessory to an existing permitted residential use. d) Oversize~d Vehicles Code Amendment Planning Commission Staff Report Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in tile driveway. EXHIBi' . I PAGE 2. OF_G _ Page 2 C. Commercial Vehicles Exempted Under tile proposed code amendment, FWCC Section 22-1178 would exempt the following commercial vehicles (refer to Section 22-1178 of Exhibit A). a) Vehicles used for agricultural purposes on any lot itl Single-Family Residential (RS 35.0) or Suburban Estates (SE) zones. b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. D. Existing Language to be Retained The following language in FWCC Chapter 22, Article XIII, Division 11 is to be retained, except for that language proposed to be deleted (shown as strdkeout) and other language proposed to be added (shown as underlined). The deleted language in sub-section (a) has been moved to FWCC Section 22-1178[b]). The added language is intended to clarify that Process Ill may not be used to allow the storage or parking of otherwise prohibited commercial vehicles "22 lt-7-g 22-1179 Exceptions. (a),. ^ veldcle-o~-a%, sizeqv, ay be v"~'~'~a ...... on-any lot in tlm~-ity for not more tl~a~-8 l:ours for tlm e-xclusi~mirpese of !oadiag-or unlcaditag4k, c~ vek, ic!~ (b) Except for commercial vehicles, ~he the City may, using Process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if.' (1) The parking Or storage of the vehicle or boat will not be detrimental to the character of tile neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. 2Mlg8 22-1180, Additional requirements. The City may impose screening requirements, limit the hours of operatiou, and impose other restrictions to eliminate adverse impacts of the parking or storage. gg-14~9 .22-1181, Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period.". Oversized Vehicles Code Amendment Planning Commission Staff Report EXHiBiq .... I E. Other Changes Tile City is unaware of any legally nonconfprming businesses with associated commercial vehicles in residentially zoned areas, ltowever, if this was the case, the comtnercial vehicles would have to be removed based on FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required." This section states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; ...(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones. Itowever, in reviewing this section, staff realized that this it should also have referenced FWCC Section 22-1176 et seq. This omission apparently occurred when the code was codified in 1992. Prior to the codification, the nonconformance section (Chapter 165.25) referred only to "Non- conformance with the provisions in Chapter I 15 regarding Parking and Storage of large vehicles in residential zones" (Exhibit C). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage of large vehicles in residential zones (Exhibit C). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176 et al. However, Section 22-330 now only referenced Section 22-1111 et seq. (Exhibit D). We are, therefore, proposing to ad a reference to FWCC Section 22-I 176 et seq. in FWCC Section 22~ 330(8) (refer to Exhibit E). III. COMPARISON OF EXISTING AND PROPOSED NEW CODE The following table shows the types of vehicles currently permitted in residential zones and whether they would be permitted or not under the proposed code amendment. TABLE 1 Vehicle Current Code Proposed Code Pick-up truck (1 ton) 10,000 Permitted (typically would not Permitted GVWR or less exceed 9' high and 22' long) Commercial truck (approximately Pemfitted if22' or less in Not Permitted 1.5 ton) over 10,000 GVWR length or 9' or less in height Excavation equipment (e.g., Permitted if22' or less in Not Permitted bac~mes, shovels, track-hoes) length or 9' or less itl height Cab-over diesel tractor Permitted if22' or less in Not Permitted length or 9' or less in height Oversized Vehicles Code Amendment Planning Commission Staff Report EXH!B!q' 1 PAG E__q _O File//03- ! 02457-00-[JP Page 4 Vehicle Current Code Proposed Code Recreational vehicles Not permitted if over 9' high and more than 22' long Pemfitted if under 28' in length and can be accommodated completely on driveway. More than 28'could not be parked in driveway or be visible from the public right-of-way. Cormnercial grade dump truck Permitted if22' or less in Not Permitted length or 9' or less in height Flat-bed trailers (commercial) Permitted if22' or less in Not Permitted length or 9' or less in height IV. STAFF RECOMMENDATION Staff recommends that the code amendments as proposed in Exhibits A, B, and E be recommended for approval to the City Council by the Planning Commission. go REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. VI. 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 ameudmen! is consisten! with the applicable provisions of the con~prehensive plau. There is no specific language in the comprehensive plan that addresses the desire to prohibit commercial vehicles from lots in residentially zoned neighborhoods, ltowever, one of the land use concepts found in thc comprehensive plan (page l l-l) is the, "Preservation and enhancement of existing residential neigltborhoods." Thc proposed FWCC text amendments are consistent with this concept. Oversized Vehicles Code Amendment Planning Commission Staff Report r VL.I I ID. i"~ I I.,...~/'~.1 I I ~ I ~, ...... '~ 'File #03-1024574)0-UP PAGF .0 2. 77~e proposed amendment beat's' a substantial relationship to public health, safety, or welfare. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-related accidents. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detracts from the neighborhood character. VII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Com~nission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text mnendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VIII. EXIflBITS Exhibit A Exhibit B Exhibit C E 'xhibit D Exhibit E FWCC Chapter 22, Article XIII, Division 1 1, "Vehicles and Boats" FWCC Chapter 22, Article 1, Section 22-1, "Definitions" Federal Way Zoning Code adopted upon 1990 incorporation (Chapters 165.25, 1 15.05 & 115.145) Federal Way City'Code codified in 1992 (FWCC Sections 22-330, 22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment EXHIBIS-_ I I:k2003 (]ode Amendments\Oversize VehiciesXPlanningCommissio~\063003 Planning Commissio{~ Staff Repoct. DOC~07/09/20038:00 AM Oversized Vehicles Code Amendment Planning Commission Staff Report File #03-102457-O0-UP Page 6 EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 $ize-andq~se Parking and storage in residential zones limited. E-xc~t-as-spec4fieddn4~4VC42 22M 177, itds a viotation-ot-4his-cdmpter4o~ark-or-store-any-veqfic4e or43oat-cm-m~y-tot4ma-residm~tiat-z~3ne4f4hat-vehide or boat is both more4hamninc fccMn4~eight andqq~ore4han 22 feet4{Me~th.-(Ord. 51o. 90-43, § 2(44-5d45(4-)), 2 27 90) Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats Permitted. fa) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. lb) Vehicles used for commercial purposes but based on standard pick-up, light duW trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers_~ boat trailers with or without boats, and utiliW trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct s~ght visibility from adiacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle p_arking or storage is accesso _fy to an existingl)ermitled residential use. (~) Recreational/utility vehicles and boats 28 feet in leugth or Iou_hcer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the drivewaz. 22-1178 Commercial Vehicles exempted (A) Vehicles used for agricultural pt~)oses on any lot in a Sing[e-Family Residential 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. ~9_) Vehicles parked on any lot in a residential zone for construction pu~l~oses pursuant to a valid development permit. EXHIBi'/". A I 2-2-t4~T? 22-1179 Exceptions. (a)C, wehide-o f-an y-si zeqn ay&e-parked-on-an y 4ot~in4he-cqty-fo~otqnore4h an~,$4~our-3Xor the-e.~<c4 u si ve-pu rpose-o f4oadin g-or-untoadin oo4he-vehic4~ (Jo) ~)t for commercial vehicles, :t'4te the city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vchicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(l 15.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 1178 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(I 15.145(2)), 2-27-90) 22 1t-79 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90~43, § 2(115.145(3)), 2-27-90) gg-t480 22-1182 - 22-1195 Reserved. 152003 Code Amcndmcnts\Ovcrsiz¢ VchiclcsXl'lannlng CommissionXDivision I I - lqcw Code Languag¢.doc. J07/07f20~3 I 1:31 AM EXHIBIT B FWCC Chapter 22. Article 1. In General. Section 22-L Definitions Church, synagogue or other l~Iace of religious worshil) means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under tliis zoning chapter, except family child care homes. Class ti home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. Tiffs may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment ora fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. ~ Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. CotnlHulliD~ recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimmiug pools, tennis cou.rts, playgrounds, commuaity clubhouses and other similar uses, which area is maintained and operated by a nouprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Coml)rehensive plan means the ordiaances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Cot~tout' line tneans the interconnection of points having the same height above sea level. Convalescen! center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. EXHIBIT 8 165.20 165.25 Abatement of Non-Conformance That Was Illegal When Initiated General - Except as specified in Paragraph 2 of this Section, any non-conformance that was illegal when initiated must immediately be brought into co~nformance with this Chapter. The City may, using the provisions of Chapter 175 of this Code or any other applicable law, immediately abate any non-conformance that was illegal when initiated. Exceptions - If a non-conformance has ever been in complete conformance with an applicable zoning code, it may continue to exist subject to the provisions of this Chapter} and it is not subject to abatement under Paragraph 1 of this Section. Immediate Compliance with Certain Provisions Required .General - Regardless of any other provision of this Chapter, the following non-~-.onformances must be immediately brought into conformance with applicable provision of this Code: a. Non-conformance with the Noise Standards in Chapter 115. b. Non-conformance with the Lighting Standards in Chapter 115. Co Non-conformance with the Heat Emission Standards in Chapter 115. d. Non-conformance with the Radiation Standards in Chapter 115. Non-conformance with the Air Quality Standards in Chapter 115. Non-conformance with the Water Quality Standards in Chapter 115. g. Non-conformance with the Odor Standards in Chapter 115. h. Non,conformance with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones. Non-conformance with the provisions in Chapter 115 regarding junk in residential zones. 165 - 2 EXHIBI _ C PAGE I ...... 165.30 165.35 j. Non-conformance with the Glare Standards in Chapter 115. Non-conformance with the provision in Chapter 95 of this Code regarding portable outdoor signs. Non-conformance with the provision in Chapter 95 of this Code regarding location of signs extending over fights-of- way. Abatement - The City may, using any of the provisions of Chapter 175 of.this Code or any other applicable law, immediately abate or seek discontinuance of any non--conformance listed in Paragraph 1 of this Section. Special Provision for Damaged Improvements If a non--conforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value, the applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the City. The Community Development Director may requke the applicant to provide an appraisal from a source acceptable to the City if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the City, the larger of the two amounts shall be used. The improvement, as reconstructed, is not any more non- conforming than it was immediately prior to the damage. The applicant applies for a building permit to reconstruct the damaged improvement wittfin six months of the date of the damage and reconstructs the improvement pursuant to that building permit. Certain Non-Conformance Specifically Regulated General - Paragraphs 2 through 7 of this Section specify when and under what circumstances certain non-conformance must be corrected. If a non-conformance must be corrected under this Section, the applicant must, as part of the application for any development permit, submit all information that the City 165 - 3 EXHIBIT PAG E__3,_O State St~ndayd Adopted - The City of Federal Way adopts by reference the Maximum Environmental Noise Levels established pursuant to the Noise Control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-60, as now existing or hereafter amended. Watercraft Noise Performance Standards - The city of Federal Way adopts by reference the Watercraft Noise Performance Standards established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as'now existing or hereafter amended. See WAC Chapter 173-70, as now existing or hereafter amended. 115.100 '~!!5.105 Bonds - The City may require a bond under Chapter 180 of this code to insure compliance with the provisions of this Section. Odor Any odor which injures, endangers the comfort, repose, health or safety of person on abutting properties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a violation of this Code. Outdoor Use, Activity and Storace General - This section establishes regulations applicable to outdoor use, storage and activity. Residential Uses - Outdoor uses, storage and activities normally, associated with a residential use are Dermitted, unless otherwise regulated or prohibited by this Code. 3. Commercial and Industrial Uses General - Subject to the requirements of paragraphs b. through g. of this Section, the uses and activities that are permitted on a site under this Code may be conducted out of doors unless othel-wise regulated or prohibited by this Code. 115 - 21 EXHIBi] ..... C PAGE_ OF -_=q, /115.145 yehic_]es and Boats - Size and Use in Residential Zones Limited GeDeral - Except as specified in paragraph 2 of this section, it is a violation of this Code to park or store any vehicle or boat on any lot in a r~sidential zone if that vehicle or boat is both more than 9 feet in height and more than 22 feet in length. ~×ceotions A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. The city may~ using Process II, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if- 1) The parking or storage of the vehicle' or boat will not be detrimental to the character of the neighborhood; 2) The-' property abutting the subject property will not be impacted by the parking or storage; The placement of the vehicle or boat will not create a potential fire hazard; and The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. The City may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. Limitation on Use - It is a violation of this Code to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than fourteen (14) days in any one hundred and eighty (180) day period. 115 - 38 EXHIB ' I PAGE F q ZONING § 22-330 ninormod- ducing the ;he amount increasing oor area of any struc- ,r parking feet in any y required y increase change in nt to the y adverse ;he project nificantly ~[u irements, ions. to the ap- of the re cant may .terial rc~ ~lated re- ~pon this ns 22-301 Lion for ution of ty, in thc B for es. If the ., or section (a) of this section, any development on the subject property must comply with all applicable laws of the city as if the resolution of intent to rezone had not been granted. (Ord. No. 90-43, § 2(130.80), 2-27-90) Sec. 22-307. Same-Map change. Upon completion of the project in full compli- ance with the resolution of intent to rezone and the site plan approved as part of that. resolution, the city shall give effect to the rezone by ~dopting an ordinance that makes the change to the zone boundary or zone classification or/the zoning map that was approved in the resolution of intent to rezone. (Ord. No. 90-43, § 2(130.85), 2-27-90) Sees. 22-308-22-325. R~scrvcd. ARTICLE IV. NONCONFORMANCE* $cc. 22-326. Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the · use or development on the subject property that is n0.t permitted under this chapter. -(Ord. No. 90-43, § 2(165.05), 2-27-90; Ord. No. 91- i:'118, § 4(165.05), 12-3-91; Ord. No. 92-135, § ~:~(165.05), 4-21-92; Ord. No. 92-144, § 3(165.05), 22-327. When cotfformance is required. aspect, clement, activity or use of or on the property conformed to the applicable pter in effect at the time that aspect, activity or use was constructed or initi- ,i~that aspect, element, activity or use may trod need not be brought into conform- this chapter unless a provision of this aires conformance. 90-43, § 2(165.10), 2-27-90; Ord. No] 91- · 4(165.10), 12-3-91; Ord. No. 92-135, § 4-21-92; Ord. No. 92-144, § 3(165.10), Effective date of thc zoning regula- § 22-9; district regulations, § 22-571 regulations, § 22-946 et e, eq. Sec. 22-328. Regulations applicable to non- conforming use. Ifa use is nonconforming in the zone in which it is located, this chapter does not establish appli- cable dimensional or other regulations. There- fore, to determine what regulations apply, the city will determine the zone that allows the noncon- forming use that is most similar to the zone in which the nonconforming use is located and apply the regulations of that zone. (Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91- 113, § 4(165.15), 12-3-91; Ord. No. 92-135, § 3(165.15), 4-21-92; Ord. No. 92-144, § 3(165.15), 6-16-92) Sec. 22-329. Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions ofarticle IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this arti.cle, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91- 113, § .4(165.20), 12-3-91; Ord. No. 92-135, § 3(165.20), 4-21-92; Ord. No. 92-144, § 3(165.20), 0-16-92) --xw Sec. 22-330. Immediate compliance x~dth cer- tain provisions required. (a) Generally. Regardless of any other provi- sion of this article, the following nonconformanccs must be immediately brought into conformance with thc applicable provisions of this chapter: (1) Nonconformance with thc noise standards in section 22-956; (21 Nonconformance with the lighting stan- dards in section 22-954; (3) Nonconformance with thc heat emission standards in section 22-951; 1357 § 22-330 FEDERAL WAY CITY CODE (4) Nonconformance with the radiation stan- dards in section 22-959; (5) Nonconformance with the air quality stan- dards in section 22-947; (6) Nonconformance with the water quality standards in section 22-1196 et seq.; (7) Nonconformance with the odor standards in section 22-958; (8) Nonconformance with the provisions in sec- ' tion 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in sec- tion 22-952 regarding junk; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance with the provision in sec- tion 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in sec- tion 22-1596 regarding location of signs ex- tending over rights-of-way. (b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any other applicable law, to immediately abate or seek dis- continuance of any nonconformance listed in sub- section (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91- 113, § 4(165.25), 12-3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92) Cross references-Enforcement of the provisions regarding nonconformance with tim zoning regulations, § 22-121 et seq.; maximum environmental noise levels, § 22-956; lighting stan- dards, § 22-954; heat regulation, § 22-951; radiation, § 22-959; air quality, § 22-947; odors, § 22-955; water quality, § 22-1196 ct seq.; parking and storage of outdoor cquipmcnt, § 22-1111 et seq.; junk and junkyards, § 22-952; glare regulations, § 22-950; portable outdoor siw~s, § 22-1596 ct seq.; signs cx- tending over rights-oSway, § 22-1596 ct seq. Sec. 22-331. Certain noncomfornmnccs specif- ically tel,misted-Generally. (a) Sections 22-332 through 22-337 specify when and under what circumstances certain nonconfor- mances must be corrected. If a nonconformance must be corrected under this section, the a cant must, as part of the application for an, velopment permit, submit all information that city reasonably needs to review the correction. addition, the city will not issue a certificate zoning compliance or permit occupancy until correction is made. (b) If section 22-330 applies to a specific nog.t conformance, the provisions of this section do not. apply to that same nonconformance. 1358 (Ord. No. 90-43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1)), 12-3-91; Ord. No. 92-135, § 3(165.35(1)); 4-21-92; Ord. No. 92-144, § 3(165.35(1)), 6-16-92) Sec, 22-332. Samc-Noncmfforming use. Any nonconforming use must be brought into conformance or discontinued if: (1) The applicant is making structural alter- ations or increasing the gross floor area of any structure that houses or supports the nonconforming use; (2) Other than as specified in subsection (1) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in any 12-month period to any structure that houses or sup- ports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The ap- plicant may provide an appraisal of the im- provement which has been damaged. The appraisal must be from a source that is ac- (3) (4) ceptable to the city. The community devel- opment director may require the applicant to provide an appraisal from a source ac- ceptable to the city if the assessed valua- tion appears to be inappropriate. If an ap- praisal is provided by.the applicant or required by the city, the larger of the two amounts shall be used; The subject property has been abandoned for 90 or more consecutive days or the non- conforming use has ceased for 180 or more consecutive days; or The applicant replaces the use with a dif- ferent use. The city may allow this change in use, if through process II, the city deter- mines that the proposed new use will be 9 4( 8U iit o chapf~ that~ The est~ dar~ usc (2) Th( or : nor iml 12- wh apl jec an be, al co7 qu as pr at of (3) T £( (4) q' t, 'C ZONING § 22-1113 ~-nt of that itations of I land Sur. bject prop* · )n will not )t increase' tverage el. erty, cora: f the mid. ; Ord. No. ual, § 21-28; al. alien that ,n 22-1093 to the at> I, section ,it the fol- operty. proposed ~:ation of improvc~. rider sec- ithin 400 ~thepro- 14: n phase icicnt in- atial im- ~ modifi- sures to .% all as ~rove the .~.~ :omplies .'r, it will .s, lakes, (2) It will not violate any express policy of the city. (3) It meets at least one of the following cri- teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped sift. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of thc issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90-77, § 3(115.75(4)), 12-11-90) Sec. 22-1095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the appIicant shall plant a tree of thc same species at least five inches in diameter, as measured six inches about thc top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad- dition, if the land surface modification destroys ground cover or shrubbery, the applicant shall hy- droseed thc bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of thc damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)), 12-11-90) Sees. 22-1096-22-1110. Reserved. DMSION 8. OUTDOOR ACTIVITIES AND STORAGE* '...~Sec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(11), 2-27-90) *Cross reference-This nonconformance must be immedi- ately Brought into conformance with the applicable provisions of the ~oning regulations, § 22-330. Sec. 22-1112. Residential uses. Outdoor uses, storage, and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. (Ord. No. 90-43, § 2(115.105(2)), 2-27-90) Sec. 22-1113. Commercial and industrial uses, (a) ~enerally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community devel- opment, a site plan drawn to scale showing and describing the following items: (1} bocations and dimensions of all structures and fences on the subject property. (2) bocations and dimensions of all parking and driving areas on the subject property. (3) boeations and dimensions of all existing and Proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing landscaping and buffer on the subject prop- erty. (5} The nature of the outdoor use, activity or storage. (6) The intended duration of the outdoor use, activity or storage. (c) Specific use and development requiremc~ts. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following stan- dards: (1) All outdoor use, activity and storage areas must comply with required buffers for the primary use. (2) A minimum six-foot-high solid screening fence or other appropriate screening ap- proved by the director of community devel- 1589 ZONING § 22-1196 traffic. The one at each d along the a that must ~ections 2~-..:':.,liij[~ on in the ~r of si b pproved C, · be within t above each lc (2) Natural topography of the ground. Itow- ever, the public works director may requir~ land surface modification to fulfill the in- tent of this division as part of any develop- ment activity on the subject property. (3) Any number of tree trunks and sign or utility poles if the public works director de- termines that adequate visual access is available between these tree trunks or poles. (Ord. No. 90-43, § 2(115.130(3)), 2-27-90) Sees. 22-1161-22-1175. Reserved. DMSION 11. VEHICLES AND BOATS* 22-1176. Size and use in residential zones limited. Except as specified in section 22-1177, it is a violation of this chapter to park or store any ve- hicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 90-43, § 2(115.145(1)), 2-27-90) Sec. 22-1177. Exceptions. (a) A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the ve- hicle. (b) Thc city may, using process II, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of tim vehicle or boat will not be detrimental to the char- acter of the neighborhood; (2) Thc property abutting thc subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and *Cross references-Traffic and vehicles, ch. 15; district regulations, § 22-571 et seq.; offstreet parking requirements, § 22-1376 ct seq.; vehicular access casement improvements re- i' quired, § 22-1496 et seq. (4) (Ord. The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1178. Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other re- strictions to eliminate adverse impacts of thc parking or s~rage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1179. Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period· (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) Sees. 22-1180-22-1195, Reserved. DIVISION 12. WATER QUALITY]- Sec. 22-1196. Scope. This division establishes the following water quality standards based on how the water leaves the subject property: (1) Section 22-1197 establishes wator quality standards for water that flows directly from the Subject property into a stream, a lake or Puget Sound. (2) Section 22-1198 establishes water quality standards for water that is conveyed into the public stormwater system directly fi'om the subject property. ~Cross references-Streets, sidewalks and certain other public places, cit. 13; utilities, ch. 16; storm and surface water utility, § 16-76 ct seq.; environmental protection, ch. 18; vironmental policy, § 18-26 et seq.; mitigation of development impact, § 19-41 et seq.; subdivision improvements, § 20-176 et seq.; surface and stormwater management, ch. 21; drainage pro~q'am. § 21-26 et seq.; this noncon£ormance ~nust be imme- diately brought into conformance with the applicable provi- sions of the zoning regulations, § 22-330; environmentally sen- strive areas, § 22-1221 et seq.; regulations regarding land surface modification improvements or landscaping around streams or other waterways, § 224306 et seq.; zoning regula- tions regarding improvements, § 22-1471 et seq. EXItlBIT E FWCC Chal)tCr 22. Article IX,:. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the followiug nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (l) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with tile radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 ct seq_; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with tile provisions in FWCC 22-952 regarding junk; (10) Nonconformance with tile glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconfom~ance with the provision iii FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. Tile city may, .using any of tile provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconfonnance listed in subsection (a) of this section. (Ord. No. 9043, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; etd. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 9%307, § 3, 12-16-97) PAGE ..... I ". l ©2002 Code l'ublishing Co. Page I EXHIBIT 2 EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 gizc and use Parking anti storaRe in residential zones limited. ot ................................................ p ..... par and more *t'an oo fern ~ ...... ~- (~. ~ 9~3, ~ 2(~ '< ,a<c,~, ~ ~ Except as exempted pursuant to FWCC 22-1178. parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 2178, any truck over 10,000 lbs gross vehicle weiaht rating (GVWR), as defined in'the Revised Code of Washington (RCW), the principal nse of which is the transpoaation of commodities, vehicles, merchandise, produce, &eight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 lbs GVWR or less, xvith or without a mounted camper unit, xvhich are primarily used for private transportatiou purposes. (b) Vehicles used for com~nercial purposes but based on standard pick-up, light duty trucks, OjQLpassenger velficles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor bomes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the followin~ conditions: (l) Vehicle does not intrude into public rights-of-way, pedestrian pathxvays, or obstruct sight visibility from adjacent driveways. 2LZ) Vehicle is maintained in a clean, operable condition. ~ Vehicle parking or storage is accessory to an existing permitted residential use. rd) Recreational/utility vehicles and boats 28 feet iu length or longer may be stored on any lot in a residential zone when not visible from the public right-of-xvav and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted a(3~ Vehicles used for agricultural purposes oil any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hot, rs for the exclusive purpose of loading or unloading tile vehicle. (c) Vehicles parked oil any lot in a residential zone for construction purposes pursuant to a valid development permit. 22 !17~- 22-1179 Exceptions. (b) ~ .-get ec:n:nc:'cia! .-~4~.;iclcs, The-tim !!ac city may, using process I11, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.t45(2)), 2-27-90; Ord. No. 00-375, § 25, 10~3-00) 22 1178 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to elilninate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(I 15.145(2)), 2-27-90) 22 !!79 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 1180 22-1182 - 22-1195 Reserved. PAGE. 1:\2003 Code Amcndmcnts\Ovcrsi×c Vchiclcs\LUl'C\I)ivision 11 -- Ncxv Code I~anguag¢.doc/07/29/2003 I I: 19 AM EXHIBIT B F VCC Chapter 22. Articlc 1. In General. Section 22-1. Definitions Church, ~ynagogue or other place qf religious worship lneans ail establishment, tile principal purpose of which is religious xvorship and for which tile principal building or other structure contains tile sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as holne occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institutiou for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master aud doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Co/location means tile placement and arrangement of lnultiple providers' antennas and equipmeut on a single support structure or equipment pad area. Commercial recreation facility ~neans an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. Tile use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means tile uses allowed in tile commercial zones and not permitted iu any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1178, any track over 10,000 lbs gross vehicle weight rating (GVWR), as defined in tile Revised Code of Washinaton (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open apace usable for ma~w activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) Oil a slope that is too steep for recreational activities. Community recreatio, area or ch&house means all area devoted to facilities and equipment for reCreational purposes, such as sxvimming pools, tennis courts, playgrounds, community clubhouses and other similar uses. which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehe.sive pla. means tile ordinances of tile city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Conlottr line meaus the interconnection of points having the same height above sea level. Co.valesce.t center means ali inpatient facility, excluding facilities defiued as hospitals, for patients who arc recovering fi'om all illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. EXHIB 1:~2003 Code Anlcndnlents\Oversizc Vchiclcs\LUT(~\l)cfinitions.doc/l~ast printed 07/29/2003 ,i:,6^pAGE EXHIBIT C FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, tile following nonconformances must be ilmnediately bronght into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards itl FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that tile nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-111 I et seq. and FWCC 22- l 176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance xvith the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 02002 Codc Publishing Ct). Page I EXHIBIT 3 July 16,2003 7:00 p.m. City of Federal Way PLANNING COMMISSION Regular Meeting City Hall Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Grant Newport, Bill Drake, and Dini Duclos. Commissioners absent (excused): Marta Justus Foldi. Alternate Commissioners present: Lawson Bronson, Merle Pfeifer, and Christine Nelson. Alternate Commissioners absent: Tony Moore (unexcused). Staff present: Community Development Services Director Kathy McChmg, Code Compliance Officer Martin Nordby, Consultant Janet Shull, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES It was m/s/c to adopt the June 18, 2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING - Oversized Vehicle Code Amendment Mr. Nordby presented the staff report. He stated that the purpose of the amendment is to add a definition for commercial vehicles and to revise the code to be more specific to commercial vehicles and more accommodating to recreational vehicles. He has incorporated the Planning Commission concerns made at the Workshop. Ill answer to a question, lie stated that of some 66 complaint cases in the last 13 years, eight are still open that have to do with oversized vehicles, and all but one concerns commercial vehicles. The meeting was opened for Public Testimony at 7:07 p.m. Mc~rie Sciacqua, Federul WrO, Homeow~er She has owned a home here since 1976 in an area that does not have any covenants, and therefore, depends upon the City to help maintain the neighborhood. She showed the Commission pictures of various "commercial" vehicles that have been parked in her neighborhood by a particular neighbor. There have been different vehicles at different times, and thc current neighbor is parking an older vehicle that is very noisy and an eyesore. She lives on a cul-de-sac and at times the vehicles have caused sight-distance problems. There are a number of children in the neighborhood and she is concerned that the current vehicle does not have a back-up alarm to warn the children (and others) that it is backing up. She Planning Commission Minutes Page 2 July 16, 2003 commented that when she tried to deal with this neighbor, her boyfriend's car was egged. She has called the police when appropriate, but this issue is a low priority for them. She feels this amendment is a step in the right direction. Lawson Bronson, Alternate Planning Commissioner - He sees two problems with this amendment. First, it does not identify any citizen who is requesting the change and he feels changes to the code should be sought by citizens and not be initiated by City staff. His second concern is that the City should not be making something illegal that has been legal for many years. He stated that he purposely bought in an area without covenants so that he would not be restricted. Commissioner Osaki asked what recourse does someone have to store/park a commercial vehicle? There are exemptions for particular reasons (such as loading and unloading), but because staff added "Except for commercial vehicles..." to the exceptions section, there will be no exceptions for commercial vehicles for long-term parking/storage. Large recreational vehicles and boats may be allowed pursuant to a use process review. He noted that in the last 13 years, no one has applied for an exemption. In response to an inquiry, Mr. Nordby commented that this code amendment would have a positive impact upon his workload because it will eliminate most of the recreational vehicle complaints and will allow him to resolve citizen's concerns. Ms. McClung responded to Mr. Bronson's concern regarding City staff initiating code amendments. She commented that since staff uses the code on a daily basis, it is part of their responsibility to be aware of and identify any problems or issues with implementation of the code. A list is kept that is updated as problems and/or issues arise. At the beginning of the year, this list goes to the City Council, who prioritizes the problems/issues, and thereby develops the Planning Commission Work Program. Mr. Nordby was asked why the 10,000 GVW limit? He replied that is the weight of the larger personal pick-ups. Commissioner Hope commented that she feels that most problems have to do with vehicles parked on the street, which is a police issue, and therefore, she does not support this code amendment. Other commissioners expressed their concern that there is no provision for long,term parking/storage of commercial vehicles. It was m/s/c (four yes, one no, one abstain) to adopt the proposed text amendment with the change of adding commercial vehicles to the exceptions through a Process III. PUBLIC HEARING - Changes to Neighborhood Business Use Zone Charts Code Amendment Ms. Shull delivered the staff report. These code amendments are in response to a citizen's request for the following text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions 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 perrhitted uses in the BN zone. K:~Planning CommisslonL2003hMceting Summary 07-16-03.doc/Last printed 7/29/2003 10:43 AM EXHIBi i _ $ PAGF F_. L Planning Commission Minutes Page 3 July 16, 2003 After researching the requests, City staff made these recommendations: 1) Recommend that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new use zone chart for this use was developed. 2) Recommend that FWCC Section 22-725 be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. While this is less than was asked for, it would bring the allowable density to the same standard as that currently permitted in the Community Business zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City. 3) Recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to FWCC Section 22-722. 4) Recommend that "retail establishment providing entertainment, recreational, or cultural services or activities" be added to the permitted uses in FWCC Section 22-722, with a maximum square footage of 25,000 square feet. There was no public testimony. Commissioner Duclos commented that when batting cages were proposed for Celebration Park, many complaints were made about the possible noise and lights. Ms. Shull replied that this would be an indoor facility. Commissioner Newport commented that batting cages tend to draw from the entire region, not just the neighborhood. This goes beyond the intent of the BN zone. Ms. Shull replied that is why the size is restricted to 25,000 square feet, in the belief that a small facility would not have a regional draw, but a neighborhood draw. Chair Caulfield commented that the City should not allow "just anything" in the BN zone, but rather should encourage redevelopment. It was m/s/c (unanimous) to adopt staff recommendation Itl in regards to allowing churches, synagogues, and other places of worship as a permitted use. It was m/s/c (unanimous) to adopt staff recommendation #2 in regards to increasing the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. It was m/s/c (two no, four yes) to adopt staff recommendation #3 in regards to allowing health clubs up to 25,000 square feet in size. Commissioner Osaki expressed concern that a large health club will draw from outside of the neighborhood and if open 24 hours, could be a nuisance at night. It was m/s/f(three no, three yes, a tie always fails) to adopt staff recommendation #4 in regards to allowing "retail establishment providing entertainment, recreational, or cultural services or activities." It was felt the size was not neighborhood friendly. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:37 p.m. K:~°lanning Commisslonk2003~Meeting Summary 07-16-03 doc/Last printed 7/29/2003 10:43 AM EXHiBIS..- PAGE_ _ OE - EXHIBIT 4 CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) 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 amending FWCC Chapter 22 (Zoning) to add a new definition of commercial vehicles and clarify under what conditions they are allowed on lots in residential zones is in the public interest; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council with one change to allow commercial vehicles on lots in residential zones based on a Process III review and approval; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to adding a new definition of commercial vehicles and clarifying under what conditions they are allowed on lots in residential zones are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No. 03 - , Page I EXHIB;" '7 Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES ItEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: and 3. The proposed FWCC text amendments are consistent with, and substantially implement, the Comprehensive Plan concept to preserve and enhance existing residential neighborhoods. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-related accidents. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detracts from the neighborhood character. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severabilit¥. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No. 03 - , Page 2 Section 6. Effective Date. This ordinance shall be effective five days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ,2003. APPROVED: ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: EXHIBi': H 1:L2003 Code Amendments\Oversize Vehicles\LUTC\072903 Adoption Ordinance.doc/07/30/2003 9:49 AM Ord No. 03 - , Page 3 EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176~,,,~e; .... ,,,,,.-~ .... ,.o~ Parking and storage in residential zones limited. or oat on any, ..... a .................................... ~, IS .................................. ~,,, Except as exempted pursuant to FWCC 22-1178~ parking or storage of commercial vehicles is prohibited on residentially zoned lo~. Commercia/vehic/e means~ unless exempted by FWCC 22- 1178~ any ~uck over 10~000 lbs gross vehicle weight rating {GVWR}~ as defined in the Revised Code of Washin~on (RC~ the principal use of which is the transpo~tion of commodities~ vehicles~ merchandise~ produce~ freight~ or animals; or bulldozers, backhoes~ cranes~ and similar const~ction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duW trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utili _ty trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibili _ty from adiacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 22 1!77 22-1179 Exceptions. (a) A, "~[';C!C hr .... ' .... ~. .... ~r~ ~- an/,' ~'~ ;" '~'~ , r~. not .... +"~ ~8 ~ ..... ........... j mzc .... ~ ~ v ................... c~t5 ...................... for thc cxc!usR'e pu~cse cf !cad[ng cr unloading thc vch[c!e. (Jo) Except for commercial vchfclcs, Thc thc The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 1178 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 11'"/(I .... 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 II$0 22-1182 - 22-1195Reserved. EXHIB · t./ PAGE OF7 I:~2003 Code Amendments\Oversize Vehicles~LUTC~Exhibits~Division 11 -- New Code Language.doc/07/29/2003 11:47 AM EXHIBIT A FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class H home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor.degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted'and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. EXHIBF .. q ,:~2003 Code Amendments\Oversize Vehicles~LUTC~lExhibits~Jefinitions.doc/Last prin~ ~1~0~, :48 %_ ~.. _.'..~ ..,~. _~__~ EXHIBIT A FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) EXHIBi' "i PAGE ©2002 Code Publishing Co. Page I EXHIBIT B FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless eXempted by FWCC 22-1178, any MOTORIZED VEHICLE OR truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), OR ANY NON-MOTORIZED TRAILER OR OTHER METHOD OF CONVEYANCE, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as' adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. I:L2003 Code Amendments\Oversize Vehicles\City Council~Definitions.doc/08/25/2003 1:32 PM EXHIBIT B FWCC Chapter 22. Article XIII. Division 11. Vehicles and BOats 22-1176 S~.ze and usc Parking and storage in residential zones limited. Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any MOTORIZED VEHICLE OR truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), OR ANY NON-MOTORIZED TRAILER OR OTHER METHOD OF CONVEYANCE~ the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animalsg or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty_ trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utili _ty trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibili _ty from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessow to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 22 1177 22-1179 Exceptions. (a) ^ -'~';~ ~c ..... ;-~ ma;,' ~' .... ~ ...... ~^, ;. the excl'dsiYe pu~ose of loading or unloading the vehicle. ~ ExccF: for :.:.:r. ma.-a[:.! vch!:.!:.s, Th: th:. The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone iff (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 1175 22-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 1!79 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 1189 22-1182 - 22-1195 Reserved. 1:L2003 Code Amendments\Oversize Vehicles\City Council~Division 11 -- New Code Language.doc/08/25/2003 2:21 PM MEETING DATE: September 2, 2003 CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# SUBJECT: AMENDMENTS TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 22, ARTICLE XI, DISTRICT CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) Proposed Ordinance with Exhibit A. 2) July 25, 2003, Memorandum to the Land Use/Transportation Committee (LUTC) with Exhibits 1-3. SUMMARY/BACKGROUND: The Growth Management Act requires jurisdictions to provide the public with the opportunity to apply for amendments to their codes and comprehensive plan once a year. In September 2002, the City received four citizen requests for changes to the Neighborhood Business (BN) Use Zone Charts. These requests were to: 1) add churches, synagogues, and other places of worship to the permitted uses; 2) increase the residential density to 24 units per acre and allow multi-family development on the ground floor; 3) add health clubs to the permitted uses; and 4) add batting cages to the permitted uses. The Planning Commission conducted a public hearing on July 16, 2003, and recommended to the council the following amendments to the BN Use Zone Charts: 1) add a new Use Zone Chart for churches, synagogues, and other places of worship; 2) amend Federal Way City Code (FWCC) Section 22-725 to increase the multiple family density permitted from 12 to 18 units per acre; and 3) amend FWCC Section 22-722 to add health clubs as a permitted use with a square footage limit of up to 25,000 square feet. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use Transportation Committee (LUTC) discussed the proposed amendments during a public meeting on August 4, 2003. At that meeting, the LUTC recommended forwarding the amendments to the BN Use Zone Charts as proposed by the Planning Commission with one amendment (Exhibit A of the proposed ordinance) to the full Council for first reading on September 2, 2003. The LUTC recommended amending FWCC Section 22-722 to add "retail establishment providing entertainment, recreational, or cultural services or activities" as a permitted use with a square footage limit of up to 25,000 square feet. These uses would only be allowed indoors. PROPOSED MOTION: "I move the LUTC's recommendation to approve the amendments to the Neighborhood Business (BN) Use Zone Charts, which are attached as Exhibit A to the proposed ordinance to second reading and enactment on September 16, 2003." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT READING ENACTMENT READING ORDINANCE # RESOLUTION # 1:~002 Code Amendments\Changes to BN zone\City Council\090203 AGENDA BILL.doc/08/25/2003 10:55 AM CITY OF FEDERAL WAY ORDINANCE NO. 03 - DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) 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 amending FWCC Chapter 22 (Zoning) to allow churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business (BN) zone is compatible with and will serve residents of the surrounding neighborhoods; WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to increase the allowable density of multiple family dwellings from 12 units per acre to 18 units per acre would further the goals of the comprehensive plan by allowing and encouraging a variety of multiple family housing in commercial areas, as well as assisting the City to meet its assigned housing targets; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council to allow churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density of allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre, but failed to adopt a motion to allow a retail establishment providing entertainment, recreational, or cultural services or activities; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to allowing churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density of allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre are consistent with Ord No. 03 - , Page I the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUP21 Allow and encourage a variety of multiple-family housing types in designated commercial areas, especially in the City Center Core and City Center Frame areas. LUP28 Provide for a mix of commercial and residential uses in commercial areas. LUG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP42. Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood LUP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated 2. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possibly fill existing tenant spaces within neighborhood business centers that have been vacant for long periods of time. and 3. The proposed FWCC text amendment is in the best interest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. Ord No. 03 - , Page 2 Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ,2003. APPROVED: ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RiCHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: 152002 Code Amendments\Changes to BN zone\City Council'u~doption Ordinance.doc/08/25/2003 10:35 AM Ord No. 03 - , Page 3 o dO Z~ CITY OF ~ Federal Way PLANNING COMMISSION RECOMMENDATION July 25, 2003 TO: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land UsefFr~Committee (LUTC) David Mos._eley, ~it~ Manager Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner ~ ' Janet Shull, AICP, Planning Consultant Amendments to Federal Way City Code (I~VCC) Chapter 22, Article XI, District Regulations (Neighborhood Business Zoning Charts) (File No. 01-103824-00- UP) August 4, 2003 BACKGROUND The Growth Management Act (GMA) requires jurisdictions to provide the public with the opportunity to apply for amendments to their codes and comprehensive plans once a year. In September 2001, the City received the following four citizen requests for zoning text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre, and remove restrictions 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. All of the above requests were submitted by Young Chul Joe and Goo Ja Joe, owners of the Northshore Shopping Center located west side of 21st Avenue SW and north of South 356th Street. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. II. DISCUSSION OF PROPOSED AMENDMENTS · A discussion of the proposed amendments can be found in Exhibit 1 - Staff Report for the July 16, 2003, Planning Commission meeting, and is summarized as follows. 1. Request #1 - Add churches, synagogues, and other places of worship to permitted uses in the BN zone. Under the current zoning code, churches, synagogues, and other places of worship are allowed in the following Federal Way zoning districts: · Suburban Estates, Single Family Residential (SE - one unit per five acres) · Single Family Residential (RS - one unit per 35,000 sq. ft., one unit per 15,000 sq. ft., one unit per 9,600 sq. ft., one unit per 7,200 sq. ft., and one unit per 5,000 sq. ft.) · Multifamily Residential (RM - one unit per 3,600 sq. ft., one unit per 2,400 sq. ft., and one unit per 1,800 sq. ft.) · Community Business (BC) · City Center Core (CC-C) · City Center Frame (CC-F) BN zoned areas are typically located where they can serve residential neighborhoods. Since churches are already permitted in residential-zoned areas, their location within established neighborhood business centers would not create a land use conflict. Since churches and other places of worship also typically generate traffic at different times than retail and commercial uses, their location within neighborhood business centers may also result in better utilization of shared parking areas. o Request #2 - Allow additional density and remove restriction for multiple family on the ground floor in the BN zone. Pursuant to FWCC Section 22-725, multiple family housing is currently permitted in the BN zone as follows: a. Allowable density is no more than one unit per 3,600 square feet of lot area, or 12 units per acre. b. Multiple family housing is not permitted on the ground floor. Table 1 summarizes the permitted densities of multiple family development and where they may be located as part of a mixed-use development in the City of Federal Way. Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC File #01-103824-00-UP Page 2 TABLE 1 Multiple-Family DensJ ty And Allowable Location In Building Zone 'Density Allowed on Ground Floor? Neighborhood Business (BN) 12 units/acre No Community Business (BC) 18 units/acre No~ City-Center Core 48-80units/acre2 No3 City-Center Frame 60-80 units/acre2 NoD As the above table shows, multiple family use is not allowed on the ground floor in either the BN or BC zones. In addition, multiple family is only allowed on the ground floor in the CC-C and CC-F zones when certain requirements are met Therefore, allowing multiple family development on the ground floor in the BN zone would not be consistent with the other mixed-use zones in the City of Federal Way. The applicant-requested density (up to 24/units per acre) is greater than that currently allowed in the BC zone. 3. Request #3 - Add health clubs to the permitted uses in the BN zone. Health clubs are not listed as a permitted use in the City of Federal Way BN Use Zone Charts. However, in November 2001, a zoning code interpretation pursuant to FWCC Chapter 22, Article IV.A, was issued. This interpretation permitted health clubs in the BN zone provided that the gross floor area of the business did not exceed 7,500 square feet. The intent of the 7,500 square feet size limitation was to insure that health clubs developed within a BN-zoned area would maintain a neighborhood scale and not attract traffic from a broader regional area. Larger facilities are currently permitted in the CC-C, CC-F, and BC zones, which have no size restrictions. Staff conducted an informal survey of various health club facilities in order to determine what size limit, if any, should be placed on health clubs in BN zones. The following summarizes the sizes and types of health clubs that were found: (a) Smaller health clubs, like a "Curves" franchise, are the type that could currently locate within the BN zone. (b) The 24-Hour Fitness Center located at 213 0 South 314th (CC-F zone) is approximately 19,000 square feet and includes exercise classes, tanning, and sauna. Under the proposed amendment, this type of facility could locate within the BN zone. ~ Multi-unit housing may not be located on the ground floor of a structure. However, senior citizen or special needs housing may stand alone. 2 Increased density may be achieved based on increased height from the permitted outright height of 35 feet to a maximum of 85 feet. The increased height is in exchange for providing on-site open space or a fee-in-lieu of open space. Please note that the procedure and formula for calculating on-site open space and alternative fee-in-lieu have not yet been adopted by the City Council. 3 Multi-unit housing may not be located on the ground floor of a structure fronting a public right-of-way, but may be located on the ground floor where not fronting a right-of-way, provided a minimum of 20 percent of the gross floor area of the ground floor of the structure fronting the right-of-way contains other uses allowed in this zone. However, senior citizen or special needs housing may stand-alone. Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC File #01-103824-00-UP Page 3 (c) In Federal Way, the Bally's Total Fitness Center located at 328th and 1st Avenue South (OP zone) is approximately 53,000 square feet and includes a pool, sauna, steam room, whirlpool, exercise and weight rooms, indoor track, and tennis and racquetball courts. This facility would not be allowed within the BN zone under the proposed code amendment. 4. Request #4 - Add batting cages to the permitted uses in the BN zone. The siting of batting cages is not specifically addressed in the FWCC. However, batting cages would most logically fall under the category of "retail establishment providing entertainment, recreational, or cultural services or activities." Like health clubs, this category is presently a permitted use in the BC, CC-C, and CC-F zones. Many children throughout Federal Way's neighborhoods play softball and baseball and could benefit from a neighborhood indoor batting cage facility for practice. In addition, there may be a need for other neighborhood-scale recreational facilities for children. Therefore, it seems reasonable to not restrict the code amendment to simply adding batting cages as an allowable use in the BN zone, but to add the category of"retail establishment providing entertainment, recreational, or cultural services or activities." However, similar to health clubs, the size of these facilities should be limited to ensure that facilities developed within BN zones do not become regional centers, more suited to the BC or CC zones. III. STAFF RECOMMENDATION 1. Request #1 - Add churches, synagogues, and other places of worship to permitted uses in the BN zone. Staff Recommendation - Add a new use zone chart for churches, synagogues, and places of worship in the BN zone (Exhibit A of Exhibit 1). 2. Request #2 - Allow additional density and remove restriction for multiple family on the ground floor in the BIN zone. Staff Recommendation - Amend FWCC Section 22-725 (multiple-unit housing use zone chart) to increase the residential density permitted in the BN zone from one unit per 3,600 square feet (12 units per acre) to one unit per 2,400 square feet of lot area (18 units per acre) (Exhibit B of Exhibit 1). 3. Request #3 - Add health clubs to the permitted uses in the BN zone. Staff Recommendation - Amend FWCC Section 22-722 (entertainment use zone chart) to add health clubs as a permitted use in the BN zone with a square footage limit of up to 25,000 square feet (Exhibit C of Exhibit 1). 4. Request g4 - Add batting cages to the permitted uses in the BN zone Staff Recommendation - Amend FWCC Section 22-722 (entertainment use zone chart) to add "retail establishment providing entertainment, recreational, or cultural services or activities" as a permitted use in the BN zone with a square footage limit of up to 25,000 square feet (Exhibit D of Exhibit 1). Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC File #01-103824-00-UP Page 4 IV. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on July 16, 2003. After the close of the public hearing, the Planning Commission discussed the staff recommendations and voted on each individually. The meeting minutes are enclosed as Exhibit 2. The Planning Commission recommends that staff recommendations 1-3 above be forwarded to the City Council for adoption. The fourth staff recommendation did not receive a majority vote and therefore, the motion to adopt the staff recommendation failed. The Planning Commission was concerned that the proposed 25,000 square foot maximum limit for a retail establishment providing entertainment, recreational, or cultural services or activities would have a regional rather than neighborhood draw. V. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adoption of the Planning Commission's recommendations. VI. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by the Planning Commission. As recommended by the Planning Commission and amended by the LUTC. APPROVAL qF COMMITTEE A.G-T-~N: Er,'~ Faisor~, Chair ~ISean McColgan LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Staff Report for the July 16, 2003, Planning Commission Meeting with Exhibits A-D Minutes of July 16, 2003, Planning Commission Meeting Draft Adoption Ordinance I:k2002 Code Amendments\Chang:s to BN zoneXLUTC\080403 PC Rec StaffReport to LUTC.doc/07/29/20034:37 PM Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC File #01-103824-00-UP Page 5 EXHIBIT 1 CITY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapta' 22, Article XI, "District Regulations" (Neighborhood Business Zoning Charts) Planning Commission Meeting of July 16, 2003 BACKGROUND The Growth Management Act (GMA) requires jurisdictions to allow the public to suggest updates to their codes and comprehensive plans once a year. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. In September 2001, the City received the following fOur requests for zoning text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions 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. The Land Use/Transportation Committee (LUTC) reviewed the requests at their meeting on May 20, 2002, and recommended that they move forward to the City Council for a public hearing and determination on whether they should be studied further. The City Council reviewed the requests at their meeting on June 18, 2002, and recommended that the requests be studied further and that text amendments be prepared for consideratiou by the Planning Commission and City Council. Staff has studied the above requests further and has prepared this report, along with recommended zoning code amendments, for consideration by the Planning Commission (Exhibits A-D). The purpose of the proposed code amendments is to respond to these requests and to provide for uses within the BN zone that meet the objectives of the comprehensive plau. The purpose of the BN zone according to the Federal Way Comprehensive Plan (FWCP) is: "... These nodes are areas that have historically provided retail and/or services to adjacent residential areas. The FWCP recognizes the imI)ortance of firmlyfixed boundaries to prevent commercial intrusion into adjacent neighborhoods. Neighborhood Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g. dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent reside, ntial uses. Developments combining residential and commercial uses provide a convenient living environment within these nodes .... LUP45 Encourage mixed residential and commercial development in Neighborhood Business designations where compatibility with nearby uses can be demonstrated." II. REASON FOR CODE AMENDMENT A. Character and Transformation of Neighborhood Business Centers in Federal Way Within the dozen or so areas designated BN, there is a great diversity of size and character. Some BN-zoned areas were developed in the 1960's and 1970's, while others were developed more recently. Of those older centers, some have continued to lease the originally configured tenant spaces, while others have re-developed to try to compete more directly for tenants locating in newer centers. One difference between the older and newer neighborhood business centers is that major chain grocery store tenants (the typical neighborhood business center anchor) utilize more space than available in older centers. This has left some of the older centers with vacant spaces of approximately 20,000 square feet that are now too small to attract a typical grocery store tenant, but too large for many of the other typical neighborhood business center tenants. Unless a property owner can afford, a major upgrade or redevelopment of their property, these vacated grocery store spaces can be difficult to lease. B. Appropriate Use of Larger Tenant Spaces in Neighborhood Business Centers The struggle to keep larger tenant spaces filled with viable tenants has led to the requested zoning code amendments considered in this staff report. It is beneficial to the residents living near neighborhood business centers to have thriving centers with available services. However, these services must be appropriate to neighborhood needs and should complement the neighborhood in terms of scale. In other words, they should not draw significant amounts of traffic from outside the neighborhood, aside from traffic already passing by that center on a regular basis. II1. RESEARCIt OF OTItER CITIES~ CODES A review of the codes of the cities of Auburn, Kent, Kirkland, Renton, SeaTac, and Tukwila found the following (Table 1). A. Churches and Other Places of Worship Most cities surveyed allow churches and other places of worship in neighborhood business centers. Some allow churches outright, while others have special requirements or conditions that must be met as part of a special permit process. Neighborhood Business Amendments Planning Commission Staff Report File #0 i-103824-00-UP Page 2 B. Itealth Clubsflndoor Recreation Some communities allow health clubs in neighborhood business zones while others do not (Table 1). None of the cities surveyed specifically mentioned batting cages. It would appear these uses are normally included in a broader entertainment or recreation category. C. Multiple Family Housing Most cities allowed multiple family housing in neighborhood business centers. There are a variety of approaches to multiple family housing in mixed-use neighborhood business centers. Please refer to Table 1, below, for a summary. Most cities did not specify density limitations for housing, but instead relied on the development standards (height, setbacks, lot coverage, parking, open space, and landscaping) to determine oVerall density permitted. TABLE 1 ALLOWABLE USES IN NEIGHBORHOOD COMMERCIAL/BUSINESS ZONES City Churches Health Clubs Multiple Family Auburn Permitted as a Not permitted Not permitted conditional use~ Kent Permitted subject to a Not permitted Not permitted special use permit2 Kirkland Permitted outright Not permitted Permitted on the 2nd floor and above. Renton Permitted as a Permitted (limited to Permitted (Does not have to be part conditional use 35,000 sq. ft.) of a mixed-use development. It must be a minimum of 10 units per acre and maximum of 15 units per acre. However, if it is part ora mixed-use development and meets certain design standards, bonus density may be awarded to achieve a potential density of 60 units per acre. Seatac Permitted outright Permitted outright Permitted as a conditional use Tukwila Permitted as a Permitted outright Permitted on the 2"a floor and above conditional use IV. DISCUSSION OF PROPOSED CODE AMENDMENTS A. Request #1 - Add churches, synagogues, and other places of worship to permitted uses in the BN zone. I. Discussion - Under the current zoning code, churches, synagogues, and other places of worship arc allowed in the following Federal Way zoning districts: t A Conditional Use Permit is a use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified by the zoning ordinance and authorized by the approving agency. ~ This is another name for a Conditional Use Permit. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00-UP Page 3 · Suburbau Estates, Single Family Resideutial (SE - one uuit per five acres) · Siugle Family Residential (RS -one unit per 35,000 sq. ft., one unit per 15,000 sq. ft., one unit per 9,600 sq. fl., one unit per 7,200 sq. ft., and one unit per 5,000 sq. ft.) · Multifmnily Residential (RM - one unit per 3,600 sq. ft., one unit per 2,400 sq. fl., and one unit per 1,800 sq. ft.) · Community Business (BC) · City Center Core (CC-C) · CityCenter Frame (CC-F) BN zoned areas are typically located where they can serve residential neighborhoods. Since churches are already permitted in residential-zoned areas, their location within established neighborhood business centers would not create a land use conflict. Since churches and other places of worship also typically generate traffic at different times than retail and commercial uses, their location within neighborhood business centers may also result in better utilization of shared parking areas. Staff Recommendation - It is recommended that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new Use Zone Chart is enclosed as Exhibit ,4. B. Request #2 - Allow additional density and remove restriction for multiple family on tile ground floor in the BN zone. 1. Discussion - Pursuant to FWCC Section 22-725, multiple family housing is permitted in the BN zone as follows: a. Allowable density is no more than one unit per 3,600 square feet of lot area or 12 units per acre. b. Multiple family housing is not permitted on the ground floor. Table 2 summarizes tile permitted densities of multiple family development and where they may be located as part of a mixed-use development in the City of Federal Way. TABLE 2 MULTIPLE-FAMILY DENSITY AND ALLOWABLE LOCATION IN BUILDING Zone Density Allowed on Ground Floor? l Neighborhood Business (BN) 12 units/acre No I Community Business (BC) 18 units/acre Nos }_ City-Center Core 48-80units/acrea Nos / City-Center Frame 60-80 units/acre~ Nos 3 Multi-unit housing may not bc located on thc ground floor ora structure, ltowever, senior citizen or special needs housiug may stand alone. 4 lucreased density may be achieved based on increased height from the permitted outright height of 35 feet to a maximum of 85 feet. The increased height is in exchange for providing on-site open space or a fee-in-lieu of open space. ['lease note that the procedure and formula for calculating on-site open space and alternative fcc-in-lieu have not yet been adopted by the City Council. s Multi-unit housing may not be located on the ground floor of a structure fronting a public right of way, but may be located on the ground floor where not fronting a right-of-way, provided a minimum of 20 percent of the gross floor area of the ground floor of the structure fronting the right-of-way contains other uses allowed in tiffs zone. ltowever, senior citizen or special needs housing may stand-alone. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00~UP Page 4 As the above table shows, multiple family use is not allowed on the ground floor in either the Neighborhood Business (BN) or Community Business (BC) zones. Multiple family is allowed on the second floor and above in these zones. In addition, multiple family is only allowed on the ground floor in the City Center-Core (CC-C) and City Center-Frame (CC-F) if not fronting a right-of-way and if at least 20 percent of the ground floor uses fronting the right-of-way are in other uses allowed in the zone. Therefore, allowing multiple family development on the ground floor in the BN zone would not be consistent with the other mixed-use zones in the City of Federal Way. Furthermore, as shown in Table 1, two of the five South King County cities surveyed did not permit multiple family in their neighborhood business zones, two allowed this use only on the second floor, and the other two permitted them only with certain conditions. Staff Recommendation - It is recommended that the BN Use Zone Chart, FWCC Section 22-725 (Exhibit B), be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. This would bring the allowable density to the same standard as that currently permitted in the BC zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City of Federal Way. C. Request #3 - Add health clubs to the permitted uses in the BN zone. Discussion - Health clubs are not listed as a permitted use in the City of Federal Way BN Use Zone Charts. However, in November 2001, a zoning code interpretation pursuant to FWCC Chapter 22, Article IV.A, was issued. This interpretation permitted health clubs in the BN zone provided that the gross floor area of the business did not exceed 7,500 square feet. This size threshold would allow smaller fitness centers, like a "Curves facility," which can locate in as little as a 1,000 square foot area, but would exclude larger facilities like the two Federal Way Bally fitness centers, which are 53,000 square feet (located at First Avenue and South 328~' Street in an Office Park [OP] zone) and 35,000 square feet (located south of South 316th Street and west of 20th Avenue South'in the CC-C zone). The intent of the 7,500 square feet size limitation was to insure that health clubs developed within a BNozoned area would maintain a neighborhood scale and not attract traffic from a broader regional area. Larger facilities are currently permitted in the CC-C, CC-F, and BC zones, which have no size restrictions. Staff conducted an informal survey of various health club facilities in order to determine what size limit, if any, should be placed on health clubs in BN zones. The following summarizes the sizes and types of health clubs that were found: (a) According to their website, a Curves franchise can locate in spaces as small as 1,000 square feet. (b) A Gold's Gym facility is looking for at least 18,000 square feet. (c) 24~ltour Fitness Centers have the following three typical types of clubs: Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00-UP Page 5 (i) Fitness/Active - Requires less than 25,000 square feet and includes group exercise rooms, cardio equipment, w.eight rooms, locker room, and showers. The 24-Itour Fitness Center located at 2130 South 314th (CC-F zone) is approximately 19,000 square feet and includes exercise classes, tanning, and sauna. (ii) St~ort - Requires over 35,000 square feet and includes all of the above plus, sauna, steam room, whirlpool, basketball court, swimming pool, tanning, and juice bar. (iii) Super Sport - Requires over 50,000 square feet and includes all of the above plus day spa, rock climbing, squash, and racquetball courts. (d) In Federal Way, the Bally's Total Fitness Center located at 328th and Ist Avenue South (OP zone) is approximately 53,000 square feet and includes a pool, sauna, steam room, whirlpool, exercise and weight rooms, indoor track, and tennis and racquetball courts. The following options for zoning code amendments were considered: Option A: Add health clubs to the permitted uses in the BN zone maintaining the current 7,500 square foot limitation as determined by the November 2001 zoning code interpretation. The advantages of this option are: 1. It is consistent with the recent zoning code interpretation regarding health club facilities; and 2. It ensures that health club facilities will remain small and at a neighborhood scale. The disadvantage of this option is: 1. It limits the type of facility and services that can locate within neighborhood business centers. Ot;tion B: Add health clubs to the permitted uses in the BN zone with a maxilnum 25,000 square foot limitation. The advantages of this option are: 1. It may help the viability of neighborhood business centers with existing vacant tenant spaces in the 20,000 to 25,000 square foot range; 2. A health club facility with a greater variety of activities could poteutially locate nearer to residential neighborhoods; and 3. Since it maintains a square footage limit, it ensures that regional-scale facilities would not be able to locate within a neighborhood business center. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00-UP Page 6 The disadvantage of this option is: The 25,000 square feet appears to be the threshold at which health clubs go from local to regional draw. There could be some neighborhood concern that a facility approaching 25,000 square feet could attract a regional clientele. Staff Recommendation - The current 7,500 square foot size limitation (by interpretation) is not large enough to permit health clubs to occupy larger tenant spaces (for example the approximate 20,000 square foot spaces that exist in some older commercial centers) and also may not accommodate the smallest category of health club (fitness/active facility). It is, therefore, recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to the Use Zone Chart for private lodge or club in the BN zone (FWCC Section 22-722, "Entertainment," Exhibit C). D. Request//4 - Add batting cages to the permitted uses in the BN zone. Discussion - The siting of batting cages is not specifically addressed in the FWCC. However, batting cages would most logically fall under the category of "retail establishment providing entertainment, recreational, or cultural services or activities." Like health clubs, this category is presently a permitted use in the BC, CC-C, and CC-F zones. Many children throughout Federal Way's neighborhoods play softball and baseball and could benefit from a neighborhood indoor batting cage facility for practice. In addition, there may be a need for other neighborhood-scale recreational facilities for children. Therefore, it seems reasonable to not restrict the code amendment to simply adding batting cages as an allowable use in the BN zone, but to add the category of"retail establishment providing entertainment, recreational, or cultural services or activities." However, similar to health clubs, the size of these facilities should be limited to ensure that facilities developed within BN zones do not become regional centers, more suited to the BC or CC zones. Staff Recommendation - Add "retail establishment providing entertainment, recreational, or cultural services or activities" to the permitted uses in the BN zone under FWCC Section 22-722, "Entertainment," (Exhibit D) with a maximum square footage of 25,000 square feet. STAFF RECOMMENDATION Staff recommends that the following alternatives be recommended for approval to the City Council: 1. Add a new use zone chart for churches, s3q~agogues, and places of worship in the BN zone. 2. Amend FWCC Section 22-725 (multiple-uuit housing use zone chart) to increase the residential density permitted in the BN zone from one unit per 3,600 square feet (12 units per acre) to one unit per 2,400 square feet of lot area (18 units per acre). 3. Amend FWCC Section 22-722 (entertainment use zone chart) to add health clubs to the list of permitted uses and limit the size to no more than 25,000 square feet. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-004JP Page 7 Amend FWCC Section 22-722 (entertainment use zone chart) to add "retail establislunent providing entertainment, recreational, or cultural services or activities" to the list of permitted uses and limit the size to no more than 25,000 square feet. These changes would require the addition of a new use zone Chart for churches, synagogues, and places of worship (Exhibit.d). In addition, FWCC Section 22-725 (Multiple-Unit Housing, Exhibit B) and FWCC Section 22-722 (Entertainment, Exhibits C and D) would need to be amended. VI. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22 "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: I. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. VII. 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 ;~4th the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following FWCP goals and policies: LUP21 Allow a~d o~courage a variety of muhiple-family housing types in desig~ated commercial areas, especially in the Ci0, Center Core and City Center Frame areas. L UP28 Provide for a mix of commercial and residential uses in commercial areas. LUG7 Provide neighborhood and communiO, scale retail centers for the City ~eighborhoods. LUP42 E~courage neighborhood retail and personal services to locate at appropriate locatioas where local economic demand and design solutions demonstrate compatibility with the neighborhood. Neighborhood Business Amendments Planning Commission Staff Report File #01 - ! 03824-00-UP Page 8 LUP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibilit~ with nearby uses can be demonstrated. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possibly fill existing tenant spaces within neighborhood business centers that have been vacant for long periods of time. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. IX, EXItlBITS Exhibit A Exhibit B Exhibit C Exhibit D New Use Zone Chart Allowing Churches, Synagogues, and Other Places of Worship in the BN Zone Amendments to FWCC Section 22-725 (Multiple-Unit Housing) to Increase Housing Density Amendments to FWCC Section 22-722 (Entertainment) to Allow ltealth Clubs Amendments to FWCC Section 22-722 (Entertainment) to Allow Retail Establishment Providing Entertainment, Recreational, or Cultural Services or Activities IA2002 Code Amendments\Chang:s to BN zo~eXPhnning Commission\062603 Planning Commisskm Staff Repoct. DOC~07/09/2003 8:49 AM Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00-UP Page 9 ssaoo~d ^~o!^o}l SNOIIV~I flDSlil .E s;oud$ 3upImd p;]!nbo~d jo lq~?lf Ju3~l (q.~u*) lUOJ:! OZ!S 10~1 SNO I.I.V~I fl,'),'lH EXHIBIT 2 City of Federal Way' PLANNING COMMISSION Regular Meeting July 16, 2003 City Hall' 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Grant Newport, Bill Drake, and Dini Duclos. Commissioners absent (excused): Matra Jusms Foldi. Alternate Commissioners present: Lawson Bronson, Merle Pfeifer, and Christine Nelson. Alternate Commissioners absent: Tony Moore (unexcused). Staff present: Comlnunity Development Services Director Kathy McClung, Code Compliance Officer Martin Nordby, Consultant Janet Shull, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p,m. APPROVAL OF MINUTES It was m/s/c to adopt the June l 8, 2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING - Oversized Vehicle Code Amendment Mr. Nordby presented the staff report. He stated that the purpose of the amendment is to add a definition for commercial vehicles and to revise tile code to be more specific to commercial vehicles and more accommodating to recreational vehicles. He has incorporated the Planning Commission concerns made at the Workshop. In answer to a question, he stated that of some 66 complaint cases in the last 13 years, eight are still open that have to do with oversized vehicles, and all but one concerns COlmnercial vehicles. The meeting was opened for Public Testimony at 7:07 p.m. Marie Sciacqua, Federal Way Homeowner - She has owned a home here since 1976 in an area that does not have any covenants, and therefore, depends upon the City to help maintain the neighborhood. She showed the Commission pictures of various "commercial" vehicles that have been parked in her neighborhood by a particular neighbor. There have been different vehicles at different times, and the current neighbor is parking an older vehicle that is very noisy and an eyesore. She lives on a cul-de-sac and at times the vehicles have caused sight-distance problems. There are a number of children in tile neighborhood and she is concerned that the current vehicle does not have a back-up alarm to warn the children (and others) that it is backing up. She K kPlanmng Commission\2003\Meeting Summary 07-16-03 doc Planning Commission Minutes Page 2 July 16, 2003 commented that when she tried to deal with this neighbor, her boyfriend's car was egged. She has called the police when appropriate, but this issue is a low priority for them. She feels this amendment is a step in the right direction. Lawson Bronson, Alternate Planning Commissioner - He sees two problems with this amendment. First, it does not identify any citizen who is requesting the change and he feels changes to the code should be sought by citizens and not be initiated by City staff. His second concern is that the City should not be making something illegal that has been legal for many years. He stated that he purposely bought in an area without covenants so that he would not be restricted. Commissioner Osaki asked what recourse does someone have to store/park a commercial vehicle? There are exemptions for particular reasons (such as loading and unloading), but because staff added "Except for commercial vehicles..." to the exceptions section, there will be no exceptions for commercial vehicles for long-term parking/storage. Large recreational vehicles and boats may be allowed pursuant to a use process review. He noted that in the last 13 years, no one has applied for an exemption. In response to an inquiry, Mr. Nordby commented that this code amendment would have a positive impact upon his workload because it will eliminate most of the recreational vehicle complaints and will allow him to resolve citizen's concerns. Ms. McClung responded to Mr. Bronson's concern regarding City staff initiating code amendments. She commented that since staff uses the code on a daily basis, it is part of their responsibility to be aware of and identify any problems or issues with implementation of the code. A list is kept that is updated as problems and/or issues arise. At the beginning of the year, this list goes to the City Council, who prioritizes the problems/issues, and thereby develops the Planning Commission Work Program. Mr. Nordby was asked why the 10,000 GVW limit? He replied that is the weight of the larger personal pick-ups. Commissioner Hope commented that she feels that most problems have to do with vehicles parked on the street, which is a police issue, and therefore, she does not support this code amendment. Other commissioners expressed their concern that there is no provision for long-term parking/storage of commercial vehicles. It was m/s/c (four yes, one no, one abstain) to adopt the proposed text amendment with the change of adding commercial vehicles to the exceptions through a Process III. PUBLIC HEARING - Changes to Neighborhood Business Use Zone Charts Code Amendment Ms. Shull delivered the staff report. These code amendments are in response to a citizen's request for the following text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions 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. K:~Planning CommissionX2OO3XJvleeting Summary 07-16-03 doc/Last printed 7/28/2003 1:21 PM Planning Commission Minutes Page 3 July 16, 2003 After researching the requests, City staff made these recommendations: 1) Recommend that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new use zone chart for this use was developed. 2) Recommend that FWCC Section 22-725 be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. While this is less than was asked for, it would bring the allowable density to the same standard as that currently permitted in the Community Business zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City. 3) Recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to FWCC Section 22-722. 4) Recommend that "retail establishment providing entertainment, recreational, or cultural services or activities" be added to the permitted uses in FWCC Section 22-722, with a maximum square footage of 25,000 square feet. There was no public testimony. Commissioner Duclos commented that when batting cages were proposed for Celebration Park, many complaints were made about the possible noise and lights. Ms. Shull replied that this would be an indoor facility. Commissioner Newport commented that batting cages tend to draw from the entire region, not just the neighborhood. This goes beyond the intent of the BN zone. Ms. Shull replied that is why the size is restricted to 25,000 square feet, in the belief that a small facility would not have a regional draw, but a neighborhood draw. Chair Caulfield commented that the City should not allow "just anything" in the BN zone, but rather should encourage redevelopment. It was m/s/c (unanimous) to adopt staff recommendation # 1 in regards to allowing churches, synagogues, and other places of worship as a permitted use. It was m/s/c (unanimous) to adopt staff recommendation #2 in regards to increasing the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. It was m/s/c (two no, four yes) to adopt staff recommendation #3 in regards to allowing health clubs up to 25,000 square feet in size. Commissioner Osaki expressed concern that a large health club will draw from outside of the neighborhood and if open 24 hours, could be a nuisance at night. It was m/s/f(three no, three yes, a tie always fails) to adopt staff recommendation #4 in regards to allowing "retail establishment providing entertainment, recreational, or cultural services or activities." It was felt the size was not neighborhood friendly. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:37 p.m. K:~Planning CommissionX2003hMeeting Summary 07-16-03 doc/Last printed 7/28/2003 1:21 PM EXHIBIT 3 CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) 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 amending FWCC Chapter 22 (Zoning) to allow churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business (BN) zone is compatible with and will serve residents of the surrounding neighborhoods; WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to increase the allowable density of multiple family dwellings from 12 units per acre to 18 units per acre would further the goals of the comprehensive plan by allowing and encouraging a variety of multiple family housing in commercial areas, as well as assisting the City to meet its assigned housing targets; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council to allow churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density of allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre, but failed to adopt a motion to allow a retail establishment providing entertainment, recreational, or cultural services or activities; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to allowing churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density of allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre are consistent with Ord No. 03 - , Page 1 the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUP21 Allow and encourage a variety of multiple-family housing types in designated commercial areas, especially in the City Center Core and City Center Frame areas. LUP28 Provide for a mix of commercial and residential uses in commercial areas. L UG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. L UP42 Encourage neighborhood retail andpersonal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood o LUP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possibly fill existing tenant spaces within neighborhood business centers that have been vacant for long periods of time. and The proposed FWCC text amendment is in the best interest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. Ord No. 03 - , Page 2 Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to. the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ., 2003. APPROVED: ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I:~2002 Code Amendments\Changes to BN zone\LUTC\072903 Adoption Ordinance.doc/07/29/2003 4:42 PM Ord No. 03 - , Page 3 6 z © © z © U r~