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Council PKT 07-15-2003 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 July 15, 2003 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall July 15, 2003 (www. ci!yo~deralway, com) SPECIAL MEETING- 5:00 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 a. Introduction of New Employees/City Manager b. Emerging Issues/City Manage: 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. Over please . . . VI. VII. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. ao co Minutes/July 1, 2003 Regular Meeting Council Bill #325/Code Amendment Changes to Business Park Use Zone Charts - Enactment Ordinance Council Bill #326/T-Mobile Franchise - Enactment Ordinance Amending Individual Petty Cash Fund Limits - Resolution PUBLIC HEARING Adoption of 2004-2009 Transportation Improvement Plan (TIP) & Arterial Street Improvement Plan (ASIP_) Staff Report · Citizen Comment (3-minute limitation) · City Council Deliberation City Council Adoption of 2004-2009 TIP & ASIP -Resolution CITY COUNCIL BUSINESS VIII. Community Center CITY COUNCIL REPORTS IX. X. CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i) Property Acquisition/Pursuant to RCW 42.30.110(1)(b) 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" CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Draft minutes of City Council regular meeting held on July 1, 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 draft meeting minutes from the July 1, 2003 regular meeting as presented" (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 July 1, 2003 - 7:00 p.m. Regular Meeting Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:05 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 Councilmember Park led the flag salute. III. PRESENTATIONS a. Proclamation/National Aquatic Week Mayor Burbidge read and presented Parks, Recreation and Cultural Services Director Jennifer Schroder with the proclamation proclaiming National Aquatic Week. Mr. Schroder accepted the proclamation and thanked Council. b. Introduction of New Employees/City Manager City Manager David Moseley announced there were no new employees to introduce tonight. c. Emerging Issues/City Manager Mr. Moseley noted there were no emerging issues to discuss at tonight's meeting. IV. CITIZEN COMMENT H. David Kaplan, spoke reminding citizens that fireworks are illegal within the city limits. Federal Way City Council Regular Meeting Minutes July 1, 2003 - Page 2 of 5 John Karl, owner of the Siesta Motel, spoke to Council regarding his concerns with traffic and specifically motorcycle noise and the use of the Jake Brakes on the streets adjacent to his property. Councilmember Kochmar asked to have this placed on the next Parks/Recreation/Human Services/Public Safety Committee meeting. Will Kneduk, spoke regarding Sound Transit's financial issues and liability to the citizens it represents. He also distributed written information on Sound Transit's maximum limits on lawful debts. (Clerk's Note: No testimony was heard regarding the Federal Way Transit Center.) CONSENT AGENDA ao g. Minutes/June 11, 2003 Special Meeting & June 17, 2003 Regular Meeting - Approved Vouchers-Approved Monthly Financial Report-Approved Steel Lake Management District -Approved Resolution #03-386 Set Public Hearing for Adoption of 2004-2009 Transportation Improvement Plan (TIP) & Arterial Street Improvement Plan (ASIP) -Approved Resolution #03-387 Pena Preliminary Plat -Approved Resolution #03-388 Council Bill #324/Amendment Updating Chapter 6, Criminal Code - Enactment Ordinance-Approved Ordinance #03-445 COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VI. COUNCIL BUSINESS To Support the Assembly of the Boeing 7E7 in Washington State-Resolution- Approved Resolution #03-389 DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF THE RESOLUTION SUPPORTING THE ASSEMBLY OF THE BOEING 7E7 IN WASHINGTON STATE; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Federal Way City Council Regular Meeting Minutes July 1, 2003 -Page3 of $ Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VII. INTRODUCTION ORDINANCES ao Council Bill #325/Code Amendment Changes to Business Park Use Zone Charts AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (BUSINESS PARK ZONING CHARTS). COUNCILMEMBER FAISON MOVED COUNCIL BILL #325 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON JULY 15, 2003; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes b. Council Bill #326/T-Mobile Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING VOICESTREAM PCS III CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS- OF-WAY WITHIN AND THROUGHT THE CITY OF FEDERAL WAY. COUNCILMEMBER PARK MOVED COUNCIL BILL #326 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON JULY 15, 2003; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes Federal }Fay City Council Regular Meeting Minutes July 1, 2003 - Page 4 of 5 VIII. CITY COUNCIL REPORTS Councilmember Gates reported on the goodwill Water Polo game between the Parks Department and the Public Safety Department at the Kenneth Jones P0ol, she noted it was a good time had by all! She further reported on her attendance at various regional meetings. Councilmember Gates announced she would not be reporting on the Federal Way Transit Center with her Sound Transit update, and would be recusing herself from any deliberation, discussion, or action on the Transit Center, should i~ come before the Council. Councilmember K,'~chmar updated Council on her attendance at various regional meetings; she also spoke to thank the many members of the community and staff who have been working diligently on the Community Center project, including C.T. Purdom, Chair of the Advisory Board. She was pleased to announce the grand re-opening of the Kenneth Jones Pool and her attendance at the SeaTac Mall redevelopment meeting. Councilmember Kochmar spoke to thank the citizens who volunteer with the Multi-Service Center and encouraged citizens to take advantage of events in the community such as the Red, White, and Blues Festival. Councilmember Park announced the next meeting of the Finance/Economic Development/Regional Affairs Committee regular meeting would be held July 22nd at 2:00 p.m. in the Mt. Baker conference room. Councilmember Dovey had no report this evening. Councilmember Faison announced the next meeting of the Land Use/Transportation meeting would be July 7th at 5:30 p.m. in Council Chambers. Deputy Mayor McColgan noting tonight's resolution supporting the production of the Boeing 7E7 in Washington State, recognized the efforts of state legislators Tracey Eide, Mark Miloscia, and Skip Priest for supporting the Boeing industry in the area. Mayor Burbidge reported on her attendance at the Association of Washington Cities (AWC) Conference in Spokane with other Council collogues. She further noted upcoming regional meetings and acti~ ities she would be attending. IX. CJI Y MANAGER REPORT City Manager David Moseley was pleased to note the purchase of the Paragon Building and vacant land should close next week. He praised City Attorney Pat Richardson and Management Services Director Iwen Wang who have been working diligently on all the necessary paperwork to assume the existing loan. Federal }Fay City Council Regular Meeting Minutes July 1, 2003 - Page $ of $ Mr. Moseley updated Council on the Pacific Highway/SR 99 Phase I project; he noted the project is ahead of schedule and expects final work to be completed in mid-August. He also reminded everyone of the Red, White, and Blues Festival at Celebration Park on July 4th. He encouraged citizens to partake in this event, with good weather expected to hold out. Festivities begin early in the day with the fireworks display beginning around 10:15 p.m. City Manager David Moseley further noted the Executive Session scheduled for tonight has been canceled. Mr. Moseley asked citizens to obey the fireworks law and enjoy the display from the Red, White and Blues Festival. He noted the Police Department has assigned four dedicated officers to specifically patrol for illegal fireworks. Mayor Burbidge highlighted some of the many activities that are scheduled for the festival, and noted a full list of activities is posted on the city's website. Xo EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i)-canceled Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) -canceled ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjoumed the regular meeting at 7:50 p.m. Stephanie Courtney Deputy City Clerk MEETING DATE: CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XI, DISTRICT .._ _R~._~_G.U__L_._A.T_!_O._N__S_(BUSINESS PARK ZONING CHAR_TS) CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) Adoption Ordinance with Exhibit A. 2) June 9, 2003, Memorandum to the Land Use/Transportation Committee (LUTC) with Exhibits A-G. 3) June 1, 2003, Correspondence from Estelle Yamaki. SUMMARY/BACKGROUND: The Growth Management Act 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 two citizen requests for changes to the Business Park (BP) Use Charts. The first was to allow office space as a permitted use in the BP zone and the second was to allow existing nonconforming single tenant office buildings to be permitted outright in the BP zone. The Planning Commission conducted a public hearing on May 21, 2003, and recommended to the council that office use be allowed as a stand-alone use only on parcels in the BP zone that are less than 1.5 acres in size and that office use be allowed to utilize up to 50 percent of the total gross area of one or more buildings located on a parcel that is 1.5 acres or greater in size in the BP zone. C'TY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed text amendments during a public ng on June 2, 2003. At that'meeting, the LUTC requested that staffconduct further research to evaluate whether there is a natural break in ~ot size that might be greater than the recommended 1.5 acres that would relate to the typical lot size needs of office uses versus industrial/manufacturing uses. Further, the LUTC also directed staff to research the proposed LUTC alternative for allowing a reduction in the lot size excluding wetlands, other sensitive areas, easements, etc. from the lot size computation. Based on staffresearch, at the June 16, 2003 meeting, the LUTC recommended forwarding the amendments as proposed by the Planning Commission and amended by the LUTC (Exhibit A of the Adoption Ordinance) to the full Council for first reading on July 1, 2003. These amendments are that office use be allowed as a stand-alone use only on parcels in the BP zone that are less than two acres in size and that office use be allowed to utilize up to 50 percent of the total gross area of one or more buildings located on a parcel that is two acres or greater in size in the BP zone (please refer to Exhibit A of the Adoption Ordinance for the entire amendment language). PROPOSED MOTION: "I move approval of the LUTC's recommendation to approve the code amendments, which are attached as Exhibit A to the Adoption Ordinance." (BELOW TO BE COMPLETED B Y CI~ CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st READING ENACTMENT READING MOVED TO SECOND READING (ordinances only) ORDINANCE # ' ' RESOLUTION # enooe g 'y vuncil\0701(~' GENDA BILL D0C106124/2003 3:47 PM CITY OF FEDERAL WAY ORDINANCE NO. 03 - DRAFT i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (BUSINESS PARK 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 office use in the Business Park (BP) zone is necessary to respond to changing market conditions, to provide for more flexibility in the location of office development, and to address existing offices in the BP zone; 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 May 21, 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 June 2, 2003, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the code amendments relating to allowing office use in the Business Park (BP) are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Ord No. 03 - , Page I 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: L UG5 Develop a quality business park area that supports surrounding commercial areas. LUP35Encourage quality, mixed-use development for office, manufacturing, and distribution centers. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal PVay. The proposed amendments bear a substantial relationship to public health, safety, or welfare because they facilitate the leasing and improvement of existing sites of employment within the City. and o The proposed amendments are in the best interest of the residents of the City because they will supplement existing Use Zone Charts and clarify other Use Zone Charts. The proposed amendments will also facilitate development of new projects that would provide additional employment opportunities for citizens of Federal Way. 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. Ord No. 03 - , Page 2 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: MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: 152002 Code Amendments\Changes to BP Zone\City CouncilVkdoption Ordinance.doc/06/23/2003 11:24 AM Ord No. 03 - , Page 3 22-836 - 22-860 Reserved. EXtalBIT A Division 10. Business Park (BP) 22-861 Fabrication, assembly and distribution - Generally. ~ ne tonowm ,, uses snail oe permtttecl tn tl~e l~usmess park (BP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART m DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS ~ Minimums ~ Re~aired Yards -~ ZONE ~ ~ - ~ BP usv. '3._~ ~'-~ ~ ~ ,~ ~,'- ~.~ ~ ~~ ~ ~ SPECIAL REGULATIONS AND NOTES Engraving and Process 1.5 25 ft. 20 ft. 20 fi. 40 ft. 1 for each I. If approved through process III, the height ora structure may exceed 40 ft. above average building elevation, to a maximum stone cutting II acres or above 1,000 sq. fi. of 55 fi. if all of the following criteriaare met: Possible 35 ti. 120 ft. 120 ~. average of gross a. Ihe additimal height is necessary to accommodate the particular use conducted in the building; and Industrial laundry Process See or building floor area b. The subject property does not adjoin a residentialzone; and facilities III notes 8 7, and 50 fi. 120 ~. l0 ft. elevation c. Each required yard abutting the structure is increased one fi. for each one fi. the structure exceeds 40 fi. above average _ building elevation; and Wholesale See note 4-3 1_22 See notes 2, S 4. and See notes I d. The increased height will not block views designated by the comprehensive plan; and printing and 4-0 9 and $ 4 e. The increased height is consistent with goals and policies for the area of the subject property, as established by the publishing comprehensive plan. ~ 2. Front yard setback: 25 ft. if entry is visible from right-of-way and front facade is 15% glass; 35 ft. if landscape buffer and Fabricatim of: stonnwater facilities are located in the front yard or 50 ft. if parking and driving areas are located in the front yard. ceramic, light ........... ,~:~ o~ .... ~ .... :~o c~:m: .... .:u~: ........ .u~ ~^o~ ^r,u~ g .... ~ ........ r.~: ...... ~.,:~ ......... , stone and china products; signs, advertising displays; (Continued on next page) components and ~arts for vehicles, boats and aircraft; metal plating and coatin~ Process I, II, III and IV are described in For other information about parking and parking areas, see 8 22-1376 et seq. 88 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see 8 22-1046 et. seq. 22-386 - 22-411, 22-431 - 22-460, respectively. For details regarding required yards, see 8 22-1131 et seq. File #03-101758-00-UP Doc ID 23060 22-861 Fabrication, assembl and distribution-Generall' (Continued) USE ZONE CHART m DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Z Minimums ~ Required Yards ~ ZONE ~ ~ ~ BP USE '~ ._ b~ ~ ..~ =  'g ~ ~ ~ SPECIAL REGULATIONS AND NOTES handtools, heating ~ 3. The subject property must be designed so that truck parking, loading and maneuvering areas', areas where equipment, noise generatingoutdoor uses and activities may occur; and vents and similar features are located as far as screwing products ~ossible from any residential zone and secondarily, from any public right-of-way. and other similar ~. 4. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of metal products the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a Fabricatim and minimum of 20 ft. from the property line of the residentialzone. assembly of office 6:. 5. May not conduct any activity or use on the subject property that involves the release of toxic or noxious 'equipment, office gases, fumes or odors. machines, furniture, g:. 6. This use may be permitted under this section only if it meets the following criteria: fixtures, small a. The processes, products, activities and materials utilized and/er produced by this use are similar to the electrical, processes, products, activities and materials of one or more of the other uses permitted in this zone; and electronic, b. The impacts of this use on other uses and businesses on the subject property, in the area of the subject communicaticns, property and in the city will be no greater than the impacts of other uses permitted in this zone. and lighting equipment, (Continued on next page) appliances, bicycles, boats, ~rofession scientific, control, ~hotographic and clock work instruments and equipment, toys, jewelry, musical instruments and other similar miscellaneous items I Process I, II, Ill and IV are described in L For other information about parking and parking areas, see § 22-1376 et seq. §§ 22-351 -22-356, 22-361 22-370 For details of what may exceed this height limit, see § 22-1046 et. seq. 22-386 22-411, 22-431 22-460, respectively. For details regarding required yards, see § 22-1131 et seq. File//03-10~ -UP , ID 23060 22-861 Fabrication, assembly and distribution- Generally. (Continued) USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS O. Minimums [-.Required Yards ~; ZONE ~ .~ ~ BP USE '.~ ._ m '~ ~ ~ ,~'~ ~,'* ~'- a~ '-~ ~ SPECIAL REGULATIONS AND NOTES Manufacturingof g 7~ No maximum lot coverage is established. Instead, the buildable area will be determined by other site food products, development requirements, i.e., required buffers, parking lot landscaping surface water facilities, etc. textik:s, leather 9:. 8~ For community design guidelines that apply to the project, see Article XIX. ~roducts, fabric, t-0, 9._:. For landscapingrequirements that apply to the project, see Article XVII. apparel, printing :-l-h. I0~ For sign requirements that apply to the project, see Article XVIII. publishing and 4~. 11~ Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject )hoto finishing property. applied products ~ 12~ The development must contain at least 1.5 acres; provided, however, this use may be conducted on a lot of Automotive any size if: emissions testing a. The lot lines definingthe lot were lawfully created prior to March I, 1990; and facility b. The applicant has not owned any contiguous lot or lots since March 1, 1990. !Any fabricatim, 'assembly, distributim, repair and technology facilities other than listed in this ZOlle See note 7 Process I, II, III and IV are described in For other information about parking and parking areas, see 8 22-1376 et seq. 88 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see § 22-1046 et. seq. 22-386 - 22-411, 22-431 - 22-460, respectively. For details regarding required yards, see 8 22-1131 et seq. (Ord. No. 96-270, 8 5, 7-2-96; Ord. No. 97-291, 8 3, 4-1-97) File #03-101758.00-UP Doc ID 23060 22-862 Photographic, communication and research. The followin; uses shall be permitted in the business park (BP) zone subject to the rel~ulations and notes set forth in this section: USE ZONE CHART m DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS ;~ Minimums ~, Recuired Yards ~ ZONE ~ ~ ~ BP use '3'- ~ ~ ~ '~ ~ '~'~ > 'g ~ ~ ~ ~ ~ SPECIAL ~GULATIONS AND NOTES Commercial or Process 1.5 25 ~. 20 ~. 20 fl. 40 ~. Dete~ined I. If approved through process III, the height of a struc~re may exceed 40 R. above average building elevation, to a maximum of industrial H acres or above on a c~e- 55 ~. if all of the following criteria ~e met: average by-c~e a. The additimal heist is necess~ to accmmodate ~e p~icu~ use conducted in ~e building; ~d photo~aphy, Possible 35~. 120~. 120~. building b~is b. Thesubjectprope~d~snotadjoinaresidenti~zone;~d cinematography Process See note and video m ~ 10 or pr~uctim ~ 50 ~. 120 ~.I0 ~. elevatim buildingC' EaChelevation;required~dY~d abusing the s~ucture is incre~ed one ~. for each one ~. the st~cture exceeds 35 ~. above average Broadc~t studi~ See note See notes 2, 6 ~ ~d See notes 1 d. The incre~ed heist will not block views desi~ated by ~e comprehensi~ pl~; ~d 1 8 2 and S ~ e. The increased heist is consistent with goals ~d policies for the area of the subject prope~ ~ estab~shed by the Rese~ch and comprehensi~ plan. 2. Front y~d setback 25 ~. ifent~ is visible from tint,f-way and front facade is 15% gl~s; 35 ~. if landscape buffer and development stomwater facilities ~e located in the front yard or 50 fl. if p~ng and driving ~e~ are located in ~e front y~d. ~ 3~ The subject prope~y must be desired so that truck paring loading and maneumring ~e~; ~e~ where noise generating outdmr uses ~d actihties may occur; and vents and simil~ features are located ~ f~ ~ possible ~om ~y residentialzone ~d second~i~, from any public tint,f-way. ~ 4~ If ~y potion of a s~ucture on ~e subject prope~ is wi~in 100 ~. of a sin~e-fmily residenti~ zone, then ~at potion of · e s~ucture shah not exceed 30 ~. above average building elevatim and ~e s~cture shall be set back a minimum of 20 ~. from the prope~ line of the residentialzone. ~ 5~ No m~imum lot coverage is estab~shed. ~stead, ~e buildable ~ea will be detemned by o~er site development require~nts, i.e., required buffers, p~ng lot I~dscaping surhce water hciSties, etc. ~ 6~ For communi~ desi~ guide5nes ~at apply to ~e project, see ~icle ~ 7~ For landscapingrequire~nB that apply to ~e project, see ~icle ~ ~For si~ require~nB that apply to ~e prQect, see ~icle ~ 9~ Refer to ~ 22-946 et seq. to dete~ne what other provisions of ~is chapter may apply to ~e subject prope~. ~. 10~ The development must contain at le~t 1.5 acres; provided, however, this use may be conducted on a lot of any size iff a. The lot lines definingthe lot were lazily created prior to M~ch 1, 1990; ~d I b. The applic~t h~ not owned ~y conti~ous lot or lots since M~ch 1, 1990. ~ocess i. H, m ~d ~ ~e descried in For other i~omation about p~ng md p~king ~eas, see ~ 22-1376 et seq. ~ 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this heist limit, see ~ 22-1046 et. seq. 22-386 - 22-411, 22-431 - 22460, respectively. For details regarding required y~ds, see ~ 22-1131 et seq. (Ord. No. 96-270, § 5, 7-2-96; Ord, No. 97-291, § 3.4-1-97; Ord. No. 99-333, § 3, 1-19-99) File #03-10 !,UP , ID 23060 22-863 Limited industrial uses - Hazardous waste treatment - Storage - Chemical manufacturing - Gravel batch plant - Lumber material yard - Rental of heavy equipment. The following uses shall be permitted in the business park (BP) zone subject to the re: ulations and notes set forth in this section: USE ZONE CHART ~; DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS ~! Minimums [- Re~ aired Yards ~ ZONE ~ ~ ~ BP use .-._ ~ ~, ~ ~ :::: ~ ~ ~. SPECIAL REGULATIONS AND NOTES Hazardous Process IV 5 acres 50 ft. 20 ft. 20 ft. 40 ft. above Determined 1. For proposals also requiring a development agreement, the city council's public hearing on a development agreement waste treatment i See note 1. See notes $ 4_ and $ average on a case- shall take the place of the public hearing to establish the use by the hearing examiner. and storage See note 7. building by-case 2. If approved through process IV, the height of a structure may exceed 40 ft. above average building elevation, to a facilities 4-5 1~4 - elevation basis, maximum of 55 ft. if all of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building; and Chemical See notes 2 and b. The subject property does not adjoin a residential zone; and manufacturing $ _4 c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 40 ft. above average and related building elevation; and products d. The increased height will not block views designated by the comprehensive plan; and e. The increased height is consistent with goals and policies for the area of the subject property, as established by the Gavel batch comprehensive plan. ................................ ~, .... c?this .............. ~ .............................. g ~' p ded ~ 3~ The subject property must be designed so that truck parking loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any residential zone and secondarily, from any public right-of-way. & 4~ If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. ~ 5~ Hazardous waste treatment and storage facilities must comply with state citing criteria adopted in accordance with Chapter 70.105 RCW. % 6_.:. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. (Continued on next pa~e) Process I, II, III and IV are described in I For other information about parking and parking areas, see § 22-1376 et seq. §§ 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see § 22-1046 et. seq. 22-386 - 22-411, 22-431 - 22-460, respectively. For details regarding required yards, see § 22-1131 et seq. File #03 - 101758-O0-UP Doc ID 23060 22-863 Limited industrial uses - Hazardous waste treatment - Storage - chemical manufacturing - Gravel batch plant - Lumber material yard - Rental of heavy equipment. (Continued) The followin uses shall be ~ermitted in the business park (BP) zone subject to the re~;ulations and notes set forth in this section: USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Z Minimums ~ Re~uired Yards ~ ZONE ~ ~ ~ BP USE '~ ~ '~- ~ -~ ~ '~ ~ ._ ~ ~ ~ ~ .~ =o ~' ~ SPECIAL REGULATIONS AND NOTES Lumber 8:. 7_,. Building layout and design must mitigate impact of dust, fumes, noise, glare, odor, and any other discharg: material yard on neighboring uses and natural systems. ~. 8~ All storage, operati~s, services, painting and repair shall be conducted within enclosed buildings. Vehicle 'Merchandise storage areas shall be fully screened pursuant to § 22-1111. and equipment 4~. 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site rental facilities development requirements, i.e., required buffers, parking lot landscaping surface water facilities, etc. including heavy 4-h. 10. For community design guidelines that apply to the project, see Article XIX. equipment 4~. 11. For landscapingrequirements that apply to the project, see Article XVII. rental 4~. 12. For sign requirements that apply to the project, see Article XVIII. ~ 13. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 4~. 14_.~. The development must contain at least five acres; provided, however, this use may be conducted on a lot of any size if: a. The lot lines defining the lot were lawfully created prior to the March 1, 1990; and b. The applicant has not owned any contiguous lot or lots since March 1, 1990. Process I, I~, III and 1V are described in I For other information about parking and parking areas, see § 22-1376 et seq. §§ 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see § 22-1046 et. seq. 22-386 - 22-411, 22-431 - 22-460, respectively. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(65.10), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3, 1-19-99) File #03-10~ d-P iD 23060 22-864 Warehouses, wholesale distribution - Storage yards - Rental facilities. The followinlg uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART m DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Z ~ Minimums t- Retuired Yards 'q ZONE USE ~ ~o .~'~ ~ ~ ~ ~ ~ SPECIAL REGULATIONS AND NOTES W~eh~ses and Process 1.5 25 k. 20 ~. 20 ~. 40 ~. Wareh~se/ 1. If approved through process III, the height of a structure may exceed 40 ~. above average building elevation, to a maximum wholesale II acres or above distributi~: of 55 ~. if all of the following criteriaare met: average 1 for each a. The additi~al heist is necessa~ to accommodate the p~icuhr use conducted in the building; and distributimfacilities ProcessP°Ssible See note 35 a. ]20 a. ]20 R. building 1,000 sq. ~. b. The subject prope~ d~s not adjoin a residentialzone; and Bu~ food III ~ 12 or preparatim ~ 50 ~. [20 a. ~0 ~. elevation of goss c. Each required y~d abutting the structure is incre~ed one ~. for each one a. the structure exceeds 40 a. above average fl~r area building elevati~; and facilities See note See notes 2, 1 ~ ~ and ~ ~ Rental e. The incre~ed heist is consistent with goals and policies for the ~ea of the subject propeay ~ estabhshed by ~e Office and facilities: comprehensi~ plan. warehouse space, 1 for each 2. Front y~d setback 25 ~. if ent~ is visible from tint,f-way and front facade is 15% gl~s; 35 ~. if l~dscape buffer and including 300 sq. R. of sto~water facilities ~e located in the front yard, or 50 R. if paring and driving are~ ~e located in the front y~d. equip~nt storage gross fl~r ¢ards, for se~ice ~ea work is perfo~ed Othe~ise: ~ 3~ The subject prope~ must be desired so ~at truck p~ng loading and maneu~ring ~e~; ~e~ where noise primarily off Dete~ined generatingoutd~r uses and acti~ties may occur; and vents ~d simil~ features are located ~ f~ ~ possible from any premises, on a c~e- residential zone and secondari~, from any public ri~t~f-way. by<~e b~is (Continued on next pa~e) Process I, II, HI ~d IV ~e deschbed in For other information about parking and p~king ~eas, see ~ 22-1376 et seq. ~ 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see ~ 22-1046 et. seq. 22-386 - 22411, 22-431 - 22460, respectively. For details reg~ding required y~ds, see { 22-1131 et seq. File #03.101758.00-UP Doc ID 23060 22-864 Warehouses wholesale distribution - Storage yards - Rental facilities. (Continued) USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Z Minimums ~ Required Yards .~ ZONE ~ ~ § BP ~ ~ .~'~ ~, ..~ ~, :~ g, SPECIAL REGULATIONS AND NOTES such as ~. 4. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of contractets, the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a lanitorial services minimum of 20 ft. from the property line of the residential zone. and pest control ~ 5~ May not conduct any activity or use on the subject property that involves the release of toxic or noxious services gases, fumes or odors. Mini-warehouse ~ 6~ Public mini-warehouse and storage facilities may include accessory living facilities as defined by § 22~1. and public storage 8:. 7_. No maximum lot coverage is established. Instead, the buildable area will be determined by other site facilities development requirements, i.e., required buffers, parking lot landscaping surface water facilities, etc. 9:. 8_.:. For community design guidelines that apply to the project, see Article XIX. Merchandise and ~ 9. For landscaping requirements that apply to the project, see Article XVII. equipment rental 4-t-:. I0. For sign requirements that apply to the project, see Article XVI]I. facilities ~ 11~ Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject excluding heavy property. ~ 12. The development must contain at least 1.5 acres; provided, however, this use may be conducted on a lot of equipment any size if: a. The lot lines defining the lot were lawfully created prior to the March I, 1990; and b. The applicant has not owned any contiguous lot or lots since March 1, 1990. Process I, II, llI and IV are descdbed in For other information about parking and parking areas, see § 22-1376 et seq. §§ 22-351 -22-356, 22-361 - 22-370 For details of what may exceed this height limit, see § 22-1046 et. seq. 22-386 - 22-411, 22-431 - 22..460, respectively. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(65.30), 2-27-90;Ord. No. 93-170, § 7(Exh. B), 4-20-39; Ord. No. 96-270, § 5, 7-2.-96; Ord. No. 97-291, § 3, 4-1-97) File #03-10 UP ID 23060 22-866 Limited retail. The followini[ uses shall be permitted in the business park (BP) zone subject to the re ulations and notes set forth in this section: USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Z .~ Minimums [- Re~ aired Yards '~ ZONE = BP ~ z-~ ._~ USE "~ .- ~ '~ a~ ~ .~'5 m'~ ~.- ~::~ ~ ~ SPECIAL REGULATIONS AND NOTES Limited retail Process None 25 ft. 20 ft. 20 ft. 40 ft. 1 for each I. If approved through process l]], theheightofa structure may exceed40 ft. above average building elevation, to a maximum of !sales of lumber; II or above 1,000 sq. ft. 55 ft. if all of the following criteria are met: average of gross a. The additional height is necessary to accommodate the particular use conducted in the building; and paint;plumbing,glass; andProcessP°Ssible 3 S ft. 120 ft. 120 ft. building floor area b. The subject property does not adjoin a residential zone; and electrical and III or elevation c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 40 ft. above average heating fixtures; 50 ft. 120 ft. 10 ft. ,building elevation; and household goods, See note See notes 2 and 9 _8 See notes I d. The increased height will not block views designated by the comprehensive plan; and furnishing; and I and 6 _5 e. The increased height is consistent with goals and policies for the area of the subject property, as established by the supplies. (Does comprehensive plan. not include 2. Front yard setback 25 ft. if entry is visible from right-of-way and front facade is 15% glass; 35 ft. if landscape buffer and bulk/big box stormwater facilities are located in the front yard or 50 ft. if parking and driving areas are located in the front yard. retail) 2. Un~cr this ;ect~ the~e ',::es ma;.' !nc!`:~e an acce::~' office ufil!z!ng no ,'n. or~ t?~n 50°,¢ ~f the gro~: floor ,:re,: of tr,: use. Retail sale of 4, 3..,. The subject property must be designed so that truck parking, loading and maneuvering areas; areas where noise generating grain, seed, outdoor uses and activities may occur; and vents and similar features are located as far as possible from any residential zone and fencing hay and secondarily, from any public right-of-way. other agricultural ~ 4~ Vehicle and boat body repair and/or paintingmay be permitted only if: supplies a. Building layout and design mitigates impacts of dust, fumes, noise, glare, odor, or any other discharge on neighboring uses and natural systems; and Wholesale and b. All storage, operations, service, paintingand repair must be conductedwithin enclosed buildings. Outdoor vehicle storage retail sale of areas shall be fully screened pursuant to § 22-111 1. nursery stock & 5~ If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property Retail line of the residentialzone. establishment 7, 6~ No maximum lot coverage is established. Instead, the buildable area will be determined by other site development providing vehicle requirements, i.e., required buffers, parking lot landscaping surface water facilities, etc. or boat, service, & 7~ For community design guidelines that apply to the project, see Article XIX. repair, or painting ¢. 8~ For landscaping requirements that apply to the project, see Article XVII. JAg. 9~ For sign requirements that apply to the project, see Article XVIII. ~ 10. Refer to § 22-946 et seq. to determine what other provisions of this chapter ma7 apply to the subject propert7. Process I, 1I, III and IV are described in For other information about parking and parking areas, see § 22-1376 et seq. §§ 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see § 22-1046 et. seq. 22-386 - 22-411, 22-431 - 22-460, respectively. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 90-43, § 2(65.30), 2-27-90;Ord. No. 93-170, § 7(Exh. B), 4-20-39; Ord. No. 96-270, § 5, %2-96; Ord. No. 9%291, § 3, 4-1-97) File #03-101758-00-UP Doc ID 23060 22-872 Office use. The following uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums gee uired Yards ~ ZONE ~ ~ ~ BP .. ~ ~ - ~ SPECIAL REGULATIONS AND NOTES Office use Process 11 S¢_.~ 25 ft. 20 fL 20 R~ 40 ff. D~t~ined 1. O~cc use may not exceed 50 pgrc~nt of ~e total ~oss fl~r ~a of ~1 buildin~ on ~ D~c~l ~at is 2 acres or greater in ~ notes 1 o~ above on a c~e- size. Process~ and2 ~ I~ 120R. averag~ by-c~g 2. Officeusgmayb~allowedon~yp~cgl~atisl~ssthan2acrgs;provid~d: building b~is a. Th~ lot lin~s d~finiag the lot w~r~ la~lly created pri~ to M~ch I, 1990: ~d o~ S~e not~ 3 50 ~. 120 ~. ~ 0 R. elgvation b. The appficant h~ not owned ~y conti~ous lot or lo~ sincg M~ch 1, 1990. ~ 3. If approwd throu~ process ~, ~g heist of a structure may ~xceed 40 R. abov~ averag~ building ~lovation, to a maximum Sg~ notes 4, 5, ~d 8 Sge notes 3 of 55 ~. dali ofth~ following crit~ria~ m~t: and 5 a. Th~ additi~al h~i~t is n~cess~ to accommodat~ ~g p~icuhr usg conductgd in the buildin~ ~d b. Th~ subject prope~ d~s not adjoin a residential zone~ ~d c. Each r~quir~d y~d abuRing ~e structur~ is incm~cd one R. for ~ach on~ ~. ~g structur~ ~xc~gds ~ 5 R. abovg averag~ building clcvationg ~d d. Th~ incrg~ed h~i~t will not block views d~si~ated by the comprehgnsi~ pl~; ~d c. Thg incrg~d heist is consistent with goals and policies for th~ ar~a of the sub ~ct prop~ ~ ~stabfish~d by th~ compr~h~nsi~ plan. 4. Front y~d s~tbac~ 25 ff if~n~ is visible from riOter-way and front facad~ is 15% gl~s~ 35 ff. if landscap~ buffer and sto~watgr facilities am located in th~ front y~d or 50 R. if paring and driving are~ ar~ locatgd in the front yard. 5. If ~y potion of a structure on th~ subject propc~ is within 100 R. of a sin~g-f~ily r~sid~ntial zone, th~n that potion of thc st~ctur~ shall not ~xc~d 30 ~. abov~ awrag~ building elevation ~d th~ st~ctur~ shall b~ sgt back a minimum of 20 ~. from th~ prope~ lin~ ofth~ r~sid~nfialzoa~. 6. No m~imum lot cov~rag~ is ~stabfish~d. ~st~ad, the buildabl~ ~ca will bg dgt~ngd by other site dgv~lopm~nt rcquire~n~, i.e.~ rgquimd buffgrs, paring lot landscaping su~ac~ water facilities, ~tc. 7. For communiW d~si~ guidefin~s that apply to ~ projgct, s~g ~icl~ ~. 8. For landscaping requim~nts ~at appN to the project, seg ~iclg ~. 9. For si~ r~quir~n~ ~at app~ to ~e pr0iect, see ~ic~ ~. 10. R~f~r to ~ 22-946 et s~q. to dgt~ng what o~er provisions of this chapter may apply to th~ subject prop~.. L~3 ~ process I. II. ~ and IV ~e described in For other infomation about park~e ~d v~k~g ~eas, see ~ 22-1376 et seq. ~ 22-351 - 22-356. 22-361 - 22-370 For details of what may exceed t~s heieht l~t. see ~ 22-1046 et. seq. 22-386 - 22-411, 22431 - 22-460. resvectiv~lv. For details ree~dine reauked v~ds. see ~ 22-1131 et seq. File #03-1{_ -UP ; ID 23060 CITY OF ~ Federal Way MEMORANDUM June 9,2003 TO: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land Use/Transportation Committee (LUTC) KhDavid ~ ~anager at y Mc ung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner ~ Janet Shull, Planning Consultant Follow-up Research for Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI, District Regulations (Business Park Zoning Charts) (File No. 03- 101758-00-UP) June 16,2003 I. BACKGROUND This is a follow-up to the June 2, 2003, Land Use Transportation Committee (LUTC) meeting during which proposed amendments to the Business Park (BP) Use Zone Charts were discussed. Staff presented the Planning Commission's recommendations, one of which was to allow office as a stand- alone use only on parcels in the BP zone that are less than 1.5 acres in size, were platted prior to City incorporation, and have not been under common ownership with a contiguous parcel since incorporation. Bob Spaulding, an interested resident, made a request of the City Council to increase the maximum lot size at which office development would be permitted outright from less than 1.5 acres to 1.56 acres or less. This would potentially allow him and his wife to redevelop the Siesta Motel into medical offices. He further requested that the City Council consider allowing wetland areas to be excluded from lot size calculation as an option if the council were not amenable to changing the recommended lot size threshold of less than 1.5 acres for office use. This might allow this particular lot to qualify for office use if the useable/developable portion of the lot were less than 1.5 acres. (Please refer to Exhibit A - May 27, 2003, Planning Commission report to the LUTC for background on the proposed zoning code amendments.) The LUTC responded to the speaker's request by asking staff to conduct some further research on the BP zone to evaluate whether there is a natural break in lot size that might be greater than the current recommended 1.5 acres that would relate to the typical lot size needs of office uses versus industrial/ manufacturing uses. Further, the LUTC also directed staff to research the proposed alternative for allowing a reduction in the lot size related to wetlands, other sensitive areas, easements, etc. II. DISCUSSION OF RESEARCH FINDINGS A. Is there a natural break for lot sizes suitable for office and manufacturing uses? Based on our research, we could find no natural break in parcel size between office uses and manufacturing/industrial uses. The parcel size required for office uses can vary greatly based on the type of office use, the amount of required parking, and required detention facilities. In general, however, office use can utilize relatively smaller parcels than manufacturing uses. As a result, we approached this question by trying to determine whether manufacturing uses required a minimum lot size in order to be a feasible operation. Therefore, staff contacted planning department staff from the cities of Auburn, Kent, Renton, and Tukwila, cities with substantial industrial development, to see if they had any useful information related to typical lot sizes for various types of industrial development that might be instructive to Federal Way's BP zone. None of the cities contacted had conducted studies or collected data that would indicate a typical lot size or minimum/maximum lot sizes. These cities found that industrial development can vary greatly in size, from less than one acre to over 900 acres, as in the case of the Boeing Plant in Renton. The City of Renton has a minimum lot size requirement of 35,000 square feet in its light industrial zone and the City of Kent has a one-acre minimum. Both are less than the current 1.5-acre threshold currently established for the majority of allowable uses in Federal Way's BP zone. The other cities do not have minimum lot sizes for their light industrial zones. In addition, market forces can play a role in lot size. When interest rates are high, industrial users prefer to lease space, which results in larger-parcel, multi-tenant spaces being developed. When interest rates are low (as they currently are), developing and owning one's own space becomes desirable, which can result in smaller parcels being developed with single tenant spaces. Based on a map of current uses in the Federal Way BP zone, generated by the City of Federal Way Geographic Information Systems (GIS) Division, there are presently 53 developed parcels and 35 vacant parcels in the BP zone (Exhibits B and C; the parcels comprising the Kitts Corner and Christian Faith Center developments currently under review by the City were excluded). Of the 53 developed parcels, ten are developed with offices. Five of the ten parcels with offices have stand-alone offices and the other five parcels have multi-tenant buildings with a total of 28 offices. Table 1 lists the existing stand-alone offices and the size of the parcels on which they are located. TABLE 1 -- EXISTING STAND-ALONE OFFICE USES IN THE BP ZONE Parcel Size Office in Acres Horan Realty 0.17 Martinson Cobean Associates 0.73 Prime America 0.21 Medical Office Building 0.9 Horizon Mortgage 1.5 Amendments to Business Park Zoning Charts Follow-up Research File #03-101758-00-UP Page 2 Table 2 lists only existing manufacturing uses, and the size of parcels on which they are located. TABLE 2 -- EXISTING 1VIANUFACTURING USES IN THE BP ZONE Manufacturing/Industrial Uses Parcel Size in Acres Orion Industries 2.49 Frito-Lay 9.9 Auto Shop 0.52 Aerospace Distributors 1.79 Salmolux Warehouse 3.45 Federal Way Corporate Center 4.97 Warehouse 0.38 Warehouse & Office 5.27 Warehouse 2.5 Warehouse 3.04 Warehouse 2.15 Spectrum Business Park 2.14 Spectrum Business Park 0.92 Spectrum Business Park 0.73 Spectrum Business Park 0.97 Warehouse 0.89 Warehouse 0.63 Warehouse & Office 1.09 Lloyd Repair Shop 1.23 Trinity Broadcasting 0.94 Ed Rosendendin Electric 1.12 Baden Sports 2.63 Beloit Manhattan Rubber Co. 3.05 North Coast Electric & Lighting 0.54 Warehouse 0.28 Truck Maintenance Building 1.59 Wright Co. 2.85 DDM Construction Co. 8.03 DBM Office Park 3.9 National Engine 1.05 Amsoii Synthetic Lube Ctr. 0.58 Puget Sound Truck Sales 4.81 Federal Way Towing 4.48 Warehouse 1.38 Warehouse 4.76 Based on the information in the above Tables I and 2, four out of the five stand-alone offices are located on parcels less than one acre in size. The manufacturing and industrial uses are located on parcels varying in size from 0.3 acres to 9.9 acres. The review of the information from the other South King County cities and the City of Federal Way leads to the conclusion that there is no natural break point in sizes suitable for office versus manufacturing. If the Planning Commission's recommendation of allowing office as an outright permitted use on 100 percent of parcels less than 1.5 acres in size was adopted, approximately 26 developed parcels and 18 Amendments to Business Park Zoning Charts Follow-up Research File t/03-101758-00-UP Page 3 vacant parcels (for a total of 44 parcels) would be affected, leaving 44 to be utilized for other uses allowed in the BP zone (Exhibits B and C). (The other proposed code amendment, if adopted, could reduce the total available space by 50 percent.) If another threshold, such as allowing offices on parcels less than two acres in size was chosen, this would affect approximately 29 developed parcels and 21 vacant parcels (for a total of 50 parcels), leaving 38 parcels to be utilized for other uses allowed in the BP zone (Exhibits D and E). (The other proposed code amendment, if adopted, could reduce the total available space by 50 percent.) Raising the threshold from less than 1.5 acres to less than two acres would not have a substantial effect on the remaining land available for manufacturing and industrial uses. B. Alternative Methods for Measuring Lot Sizes The City of Federal Way measures lot size based on gross acreage, which includes all environmentally sensitive areas, private access easements, and utility easements. In researching the LUTC's question, staff asked planning department staff from the cities of Auburn, Kent, Renton, and Tukwila whether their city regulations measured lot size in terms of net acreage, which is gross land area minus constrained land. The City of Renton allows for "Native Growth Potential Easements" in residential subdivisions. This removes sensitive areas from development and lot size calculations, but retains the excluded areas in common ownership under a homeowner's association. This program, however, is designed for the specific goal of preserving environmentally sensitive areas while also providing amenity for residents within the subdivision. None of the cities contacted utilize a reduction in lot size calculation for the purposes of excluding wetlands, other environmentally sensitive areas such as streams, and geologically hazardous areas (erosion hazard areas, land slide hazard areas, seismic hazard areas, or steep slope areas). If the City of Federal Way was to adopt a policy of excluding environmentally sensitive areas from the lot size calculation, this may actually be a disadvantage to some property owners, who may have difficulty meeting required minimum lot sizes for zoning purposes. This may also result in subdivisions having fewer lots than would presently be allowed. It may also complicate and make development less predictable due to the upfront costs in determining how large your lot is. In addition, the City would have to decide what types of environmentally sensitive areas should be excluded. Presently, there are provisions for constructing within environmentally sensitive areas such as stream and wetland buffers and within setbacks from geologically hazardous areas if special studies are undertaken or mitigation measures are implemented. Adopting a policy of excluding "non-useable" portions of a site may also have consequences for property assessments, where a property owner may argue that that portion of his/her property should not be taxed. III. STAFF RECOMMENDATION 1. Allow office use as a stand-alone use only on parcels in the BP zone that are less than 2.0 acres in size, were platted prior to City incorporation, and have not been under common ownership with a contiguous parcel since incorporation (Exhibit F). 2. Allow office use to utilize up to 50 percent of the total gross area of one or more buildings Amendments to Business Park Zoning Charts Follow-up Research File//03 - 10 ! 758-00-UP Page 4 located on a parcel two acres or greater in size in the BP zone (Exhibit F). 3. Delete any reference to the amount of either accessory office or accessory retail use in the existing charts (Exhibit G). 4. Continue to measure lot size in terms of gross and not net acreage. IV. COUNCILACTION/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 t° the full Council Option No. 2 above, that is, adoption of the Planning Commission's recommendations with changes as proposed by the LUTC. Ve 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. Ai,i, RoVAL 0F COM ~: Michael Park LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G May 27, 2003, Staff Report to the Land Use/Transportation Committee with Exhibits 1-5 Developed Parcels by Acreage in the Business Park Zone by 1.5 Acre Increments Vacant Parcels by Acreage in the Business Park Zone by 1.5 Acre Increments Developed Parcels by Acreage in the Business Park Zone by 2 Acre Increments Vacant Parcels by Acreage in the Business Park Zone by 2 Acre Increments New Office Use Zone Chart Example of Changes to Existing Use Zone Charts 152002 Code Amcndments\Chang:s to BP ZoneRIJTCSPC Rcc StaffRcport to LUTC.DOC/06/I 1/2003 1:36 PM Amendments to Business Park Zoning Charts Follow-up Research File #03-101758-00-UP Page 5 cra,' o~ ~~"' Federal Way PLANNING COMMISSION RECOMMENDATION May 27, 2003 TO: VIA: FROM: SUBJECT: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David M~nager Kathy c ung, irector of Community Development Services Margaret H. Clark, AICP, Senior Planner 0k,q~ Janet Shuli, Planning Consultant Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI, District Regulations (Business Park Zoning Charts) (File No. 03-101758-00-UP) MEETING DATE: June 2, 2003 I. BACKGROUND The Growth Management Act 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 two citizen requests for zoning text amendments: 1) 'A request by Robert Hart of Gramor Development to allow office space as a permitted use in the Business Park (BP) zone. 2) A request by Mark Freitas to allow existing nonconforming single tenant office buildings in the BP zone to be permitted outright. 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. I1. DISCUSSION OF PROPOSED AMENDMENTS A discussion of the proposed amendments can be found in Exhibit 1 - Staff Report for the May 21, 2003, Planning Commission meeting, and is summarized as follows. EXHIBI'I---J PAGE I 1. Request #1 - Allmv Office Space as a Permitted Use in the Business Park (BP) Zone Under the current zoning code, where allowed in the BP zone, an office must be accessory to the principal allowable use and utilize no more than 50 percent of the gross floor area of the use. Based on information generated by the City of Federal Way Geographic Information Systems (GIS) Department, there are 105 parcels in the BP zone. Fifty of the 105 parcels are developed. Of the 50 developed parcels, ten are developed with offices. Five of the ten parcels with offices have stand~alone offices and the other five parcels have multi-tenant buildings with a total of 28 offices. These offices were all constructed prior to City incorporation and became legal nonconforming uses with the adoption of the Federal Way City Code (FWCC). The King County Code allowed offices as a permitted use within the King County Manufacturing Park (MP) Classification. For the most part, those areas previously zoned MP under King County are now zoned BP under Federal Way. Nonconforming uses can legally continue to exist, but are subject to the provisions of FWCC Section 22-332, "Nonconforming Use." Under this section, if an applicant wishes to increase the size, make structural alterations, or make other changes/alterations to a structure that exceeds 15 percent of the assessed or appraised value of the structure, the nonconforming Use must be terminated. This requirement as applied to the nonconforming off~ce buildings or tenant spaces located within the BP zone is a disincentive to upgrading structures. A Market Study prepared in 2000 found that there would be a dmnand for only 11 to 13 percent of the vacant 166 acres of BP-zoned land between the years 2000 and 2020. In the past few years, the City has observed a marked increase in requests to change parcels from the Business Park designation to another comprehensive plan designation. The City is presently reviewing two requests, totaling 100 acres, for a change in comprehensive plan designation and zoning based on development agreements from BP to other designations. However, while it appears that there has been limited demand for light manufacturing and warehouse/distribution development, there is also limited potential to site such development in the City of Federal Way due to diminishing acres of vacant BP-zoned land, some of which are environmentally constrained by the location of wetlands. The following three alternatives to allmv office as a permitted use in the BP zone were reviewed and the advantages and disadvantages of each alternative were presented to the Planning Commission (please refer to Exhibit 1 - Staff Report, for more detail on the advantages and disadvantages associated with each option). Option A: Option B: Optiou C: Allow office as a permitte3 use in the BP zone. The amount of office use would not be limited to a certain percentage of a building or lot. Allow office as percentage of gross floor area of each building on a lot or of the total square footage of all buildings on a lot. Require there be a manufacturing/light industrial/warehouse use on a per structure or per subject property basis, but maintain no l i~nitations on the percentage. Amendments 1o Business Park Zoning Charts Planning Commission Recommendation to LUTC EXHIBIT ~3-101758-00-UP Page 2 2. Request #2 - Legalize Existing Nonconforming Office Use on Small Lots in the BP Zone Within the BP zone, there are five stand-alone office buildings. Four of the five are located on parcels that are less thau 1.5 acres in size and one is located on a parcel that is 1.5 acres in size. Like the offices that are located within multi-tenant buildings, these offices do not meet the current requirement that office development be an accessory use as defined in the FWCC. Furthermore, most of these nonconforming uses are located in buildings built to serve as office buildings. They have n© provisions within the structure or on site for truck access. Four of the five are located on lots that are less than 1.5 acres in size, which is the minimum required for most permitted uses in this zone. In addition, many of the nonconforming uses are located adjacent to developed parcels. Therefore, it is unlikely that the sites with nonconforming office uses could be redeveloped to conform to the current use requirements. The following three alternatives to legalize existing nonconforming offices on small lots in the BP Zone were reviewed and the advantages and disadvantages of each alternative were presented to the Planning Commission (please refer to Exhibit I - Staff Report, for more detail on the advantages and disadvantages associated with each option). Option A: Option' B: Option C: Allow office as a permitted use in the BP zone. This change would allow an office to be located on a lot of any size either as a stand-alone use or in a multi- tenant building. Allow properties developed prior to Federal Way incorporation to be exempted from the requirement that office be an accessory use. Allow parcels less than 1.5 acres in size and platted prior to Federal Way incorporation to be exempted from the requirement that 'office be an accessory use. Under this option, an office could be located on any parcel less than 1.5 acres in size whether developed or vacant. There are 22 vacant parcels less than 1.5 acres in size in the BP zone. III. STAFF RECOMMENDATION Staff made the following recommendation to the Planning Commission: 1. Request #1 - Allow Office Space as a Permitted Use in the Business Park (BP) Zone Staff Recommendation -- Allow office use to utilize up to 50 percent of the total gross area of one or more buildings located on the same parcel in the BP zone. 2. Request #2 - Legalize Existing Nonconforming Office Use on Small Lots in the Bp Zone Staff Recommendation -- Allow office use as a stand~alone use only on parcels in the BP zone that are less than !.5 acres in size, were platted prior to City incorporation, and have not been under common ownership with a contiguous parcel since iucorporation. If adopted, these changes would require the addition of a new Use Zone Chart for Office Use under Business Park zoning (Exhibit 2). Staff also recommended that any reference to the amount of either Amendments to Business Park Zoning Charts Planning Commission Recommendation to LUTC EXHiBII'. PAGE 23 OF Page3 accessory office or accessory retail use in the existing charts be removed and that consistent with other sections of the code, they be allowed as accessory uses to the principal allowed use pursuant to the definition of "Accessory" (Exhibit 3). IV. PLANNING COMMISSION/STAFF RECOMMENDATION The Planning Commission conducted a public hearing on May 21, 2003, and recommended the code amendments, as recommended by staff, be adopted by the council (Exhibit 4 - Summary of May 21, 2003, Planning Commission Meeting). 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 Planning Commission. As recommended by Planning Commission and amended by the LUTC. APPROVAL OF COMMITTEE ACTION: Eric Faison, Chair Dean McColgan Michael Park LIST OF EXHIBITS Exhibit I Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Staff Report for the May 21, 2003, Planning Commission Meeting New Office Use Zone Chart Example of Changes to Existing Use Zone Charts Summary of May 21,2003, Planning Commission Meeting Draft Adoption Ordinance EXHIBIT 1:~002 Code Amendmcnts\Chang:s to BP Zone\LUTC~PC Rec Staff Report to LUTC.DOC/05/28/200312:17 PM Amendments to Business Park Zoning Charts Planning Commission Recommendation to LUTC File #03-101758-00-UP Page 4 CITY OF & Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI District Regulations (Business Park Zoning Charts) File No. 03-101758-00-UP Planning Commission Meeting of May 21, 2003 I. BACKGROUND The Growth Management Act requires jurisdictions to allow the public to suggest updates to their codes and comprehensive plans once a year. Pursuant to Federal Way City Code (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 two citizen requests for zoning text amendments: 1) Allow more office space per tenant in the Business Park (BP) zone. 2) Allow existing nonconforming single tenant office buildings in the BP zone to be permitted outright. 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 consideration by the Planning Comlnission and City Council. Staff has studied both requests further and has prepared this report along with recommended zoning code amendments for consideration by the Planning Commission (Exhibits A and B). The purpose of the proposed code amendments is to respond to the applicants' requests and to provide greater flexibility in the allowable mix of uses in the Business Park zone. The purpose of the BP zone according to the comprehensive plan is: "... intended to capture the demand for higher quality, mixed use business parks which permit a mixture of light manufacturing, warehouse/distribution, office and limited retail uses to serve the immediate needs in the area. In the past few years, the City has observed a marked increase in requests to change parcels from the Business Park designation to another comprehensive plan designation. As a result, the city shouM explore potential changes to the allowable mix of uses h~ the Business Park zone in order to meet changing market conditions." EXHIBIT_ I-tlRIT I PAGE ,,') OF-J --PAGE___LOF EXHIBIT_ - A. Large developments are proposed within the BP zoned area. Within tile area desiguated as Bnsiness Park, two large developments, totaling approximately 100 acres iu size, are being reviewed by the City pursuant to development agreements. 1. Kitt's Corner is a proposed mixed use commercial and residential development. 2. Christian Faith Center is a proposed church/school development. These two developments represent approximately 60 percent of the vacant land currently 'located within the BP zone. A Market Study to determine the availability of commercial land to accommodate anticipated growth was prepared in early 2000. The study indicated that there would only be a demand for 11 to 13 percent of available BP-zoned land between the years 2000 and 2020. However, assuming the two projects described' above are developed as currently proposed, there will be few large vacant parcels remaining in the BP zone. B. Remaining vacant parcels are small and/or environmentally constrained. Additional vacant parcels within the BP-zoned area are identified on the City's Sensitive Areas map as containing wetlands. There are 53 vacant parcels remaining in the BP zone. Forty of the 53 parcels are less than five acres in size. Of those under five acres in size, over half(22) are under 1.5 acres, which is the minimum lot size required for most new development within the BP zone. (Note: FWCC Sections 22-861, 22-862, 22-863, 22-864, 22-865, 22-867, and 22- 868 allow for the development of existing nonconforming parcels.) While it appears that there has been limited demand for light manufacturing and warehouse/ distribution development, there is also limited potential to site such development in the City of Federal Way due to diminishing acres of vacant BP-zoned land. C. Other cities' treatment of office development in Business Park zoned areas. A review of other Puget Sound cities' zoning codes indicates that some communities limit office development in heavy industrial zones, but consider it a principally permitted use in the light industrial zones. Other communities require that office space either be accessory to a primary use or limited to a certain percentage of the overall building or project. The following is a listing of zoning codes reviewed: City of Kent: Allows office as a principal use in the MI/M1-C Industrial Park and the M2 Medium Industrial zones. Office space is limited to no more than 25 percent of gross floor area in the M3 Heavy Industrial zone. 2. City of Kirkland: Allows office as a principal nsc in tile LIT Limited Industrial Technology and the ILC Industrial Litnited Commercial zones. 3. City of Renton: Office uses must be accessory to a primary use for the IL Industrial Light, IM Industrial Medium, and IH Industrial Heavy zones. Accessory is defined as, "subordinate in size and typically on the same lot occupied by the principal use." Business Park Code Amendments ' EXH i B I-I-_-tr' Planning Commission Staff Report EXHIBIT ' _ ..... PAGE'I.. OF City of SeaTac: Professional office is limited to 20 percent of gross floor area in tile BP Business Park Zone. City of Tukwila: Office is a permitted use in tile Commercial/Light Industrial Zone. Office is only allowed on a limited basis in the Heavy Industrial Zone. Tukwila monitors the mix of office vs. manufacturing/industrial use on a project or building scale rather than individual tenant. (Note: The City of Tukwila is currently considering allowing more office development in the Heavy Industrial Zone due to market conditions and the potential of Boeing pulling out of the Northwest. However, the areas designated Heavy Industrial are within a Designated Manufacturing/Industrial Center under the GMA, so manufacturing job potential must be retained to maintain the designation.) II. DISCUSSION OF PROPOSED CODE AMENDMENTS A. Distinction of Office as an Accessory Use in tile BP Zone Under the current zoning code, office development is specifically allowed in the BP zone as an accessory use. Office development is subject to the special regulations outlined in Sections 22- 861, 22-862, 22-863, and 22-864 as follows: "Under this section this use may include an accessory office utilizing no more than 50% of the gross floor area of this use and accessory retail sales and service facilities utilizing no more than 20% of the gross floor area of this use; provided, however, that the primary use utilizes a minimum of 50% of the gross floor area of this use." Office development is subject to the special regulations outlined in Section 22-866 as follows: "Under this section these uses may include an accessory office utilizing no more than 50% of the gross floor area of this use, Section 22-1 of the FWCC defines ~4ccessory as follows: "Accessory means a use, activity, structure or part ora structure which is subordinate and incidental to the main activity or structure on the subject property." Section 22-1 of the FWWC defines Subject Property as follows: "Subject Property means the entire lot or parcel or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place." The current interpretation of the zoning code is that tile amount of office development is considered on a per use (per tenant) basis as opposed to a per structure or per property basis. This means that where allowed, an office must be accessory to the principal allowable use and utilize no more than 50 percent of the gross floor area of the use. Business Park Code Amendments Planning Commission Staff Report EXHIBIT,, PAGE__ OF File #03-10 ! 758-00-UP / Oo~ m ~os7 Page 3 EXHIBIT PAGE_ _OF Three options have been identified for adding flexibility to the BP zone with regard to office development. Option A: Allow office as a permitted use in the BP zone. Under this option, individual tenants with 100 percent office use would be able to locate on a parcel of any size in the BP zone subject to applicable development standards. Additionally, structures could have a tenant mix of up to 100 percent office use.. The potential advantages of this option are: 1) It would be easier to administer because there would be no need to calculate and keep track of percentage usage of structures or developments as in Option B. 2) It may be easier to develop small and/or environmentally constrained vacant parcels. 3) It also addresses the concerns related to existing nonconforming office development in the BP zone eliminating the need for further amendments to the BP zone as presented in Section II.B, below. The potential disadvantages of this option are: 1) It may result in a further loss of manufacturing/light industrial/warehouse development potential if remaining vacant/underdeveloped parcels are developed with office structures. 2) The value of land could be artificially inflated to that of Office Park zoned property, further discouraging future light industrial/business park type development. 3) Traffic could be increased as office development typically generates greater trips per square foot. Option B: Calculate percentage usage on a per building or per lot basis. Under this option, individual tenants within one or more buildings located on the same parcel could have up to 100 percent office use, as long as no more than 50 percent of the gross floor area within the building(s) located on the same parcel is in office use. The potential advantages of this option are: 1) It provides increased leasing and development flexibility within the BP zone. 2) It maintains the requirement that development within the BP zone have a manufacturing/ light industrial warehouse presence. The potential disadvantages of this option are: !) It does not address the concerns related to existing nonconforming office use (office uses that utilize 100 percent ora building) in the BP zone necessitating the need for further amendments to the BP zone language as presented in Section II.B, below. 2) Staff would have to assess and track tenant mix as a percentage of gross floor area to ensure that overall tenant mix for each lot meets the use parameters. 3) Future development of vacant, s~nall, and/or environmentally constrained lots may be more difficult to develop since they would need to provide for truck access and maneuvering on site. PAGE_ _OF I! Business Park Code Amendments Planning Commission Staff Report File #03-101758-00-UP / ~o~ m 23os? Page 4 EXHIBi __ pA( E _M OF Option C: Require there be a manufacturing/light industrial/;varehouse use on a per structure or per subject property basis, but maintain no limitations on percentage. Under this option, individual tenants within a structure or a subject property as defined by the FWCC could have up to 100 percent office use as long as the structure or subject property had a mix of uses that included at least one manufacturing/light industrial/warehouse use. The potential advantages of this option are: 1) It provides increased leasing and development flexibility within the BP zone. 2) It would be easier for staff to administer eliminating the need for gross floor area calculations. 3) It maintains the requirement that development within the BP zone have a manufacturing/light industrial/warehouse presence. The potential disadvantages of this option are: 1) It does not address the concerns related to existing nonconforming office uses (office uses that utilize 100 percent of a building) in the BP zone necessitating the need for further amendments to the BP zone language as presented in Section II.B, below. 2) New projects could be developed with a limited amount of manufacturing/light industrial/ warehouse space resulting in a predominance of office developments. 3) Existing projects could shift tenant mix more toward office uses over time. 4) The future manufacturing/light industrial/warehouse presence could be reduced over time within the City of Federal Way. B. Existing Nonconforming Office Use in the BP Zone Within the BP zone, some developments do not meet the current requirement that office development be an accessory use as defined in the FWCC. Examples of these developments include both structures that were built as solely office buildings and buildings with a mix of tenants, where some tenants are 100 percent manufacturing/light industrial/warehouse uses and some are 100 percent office uses. These existing nonconforming uses came into being prior to Federal Way's incorporation and were developed under the King County Zoning Code. The county code allowed office development as a permitted use within the King County Manufacturing Park (MP) Classification. For. the most part, those areas previously zoned MP under King County are now zoned BP uuder Federal Way. These nonconforming uses can legally remain, but are subject to the provisions of FWCC Section 22-332, "Nonconforming Use." Under this section, if au applicant wishes to increase the size, make structural alterations, or make other changes/alterations to a structure that exceeds 15 percent of tile assessed or appraised value of tile structure, the nonconforming use must be terminated. This requirement as applied to tile nonconforming office buildings located within the BP zone is a disincentive to upgrading structures. Most of these nonconforming uses are located iu buildings built to serve as office buildiugs. They have no provisions within the structure or on site for truck access. They are also primarily located ou lots that are less thau 1.5 acres in size, which is the minimum required for Business Park Code Amendments Planning Commission Staff Report EXHIBIT. PAG F File #03-101758-00-UP I t~ m ~os, Page 5 EXHIB[i R PAGE 10 oF' most permitted u'ses in this zone. In addition, many of the nonconforming uses are located adjacent to developed parcels. Therefore, it is unlikely that the sites with nonconforming office uses could be redeveloped to conform to the current use requirements. According to a GIS mapping of the BP-zoned area, there are 67 parcels that are less than l.5 acres in size. Of these, 22 parcels are identified as vacant. Of the 45 developed parcels, 21 are developed with single-family residences, five are developed with nonconforming office uses, and 19 are developed with principally permitted uses. Three options have been identified for addressing nonconforming office uses within the BP · zone. Option A: Allow office as a permitted use in the BP zone. Under this option, existing office development that is currently nonconforming in terms of land use would be permitted outright. The potential advantages of this option are: 1) Existing office buildings and 100 percent office tenants could improve their buildings/spaces without being required to limit office to an accessory use. 2) It also addresses the concerns related to new development as presented in Section II.A, above. The potential disadvantages of this option are: 1) It may result in a further loss of manufacturing/light industrial/warehouse development potential if remaining vacant/underdeveloped parcels are developed with office structures. 2) The value of land could be artificially inflated to that of Office Park zoned property, further discouraging future light industrial/business park type development. 3) Traffic could be increased as office development typically generates greater trips per square foot. Option B: Allow properties developed prior to Federal Way incorporation to be exempted from tile requirement that office use be an accessory use. The potential advantages of this option are: 1) Existing office buildings built prior to Federal Way incorporation could be improved/expanded without being required to limit office to an accessory use. 2) Existing mixed tenant buildings built prior to Federal Way incorporation would have greater flexibility in leasing/improving spaces that may not lend themselves to a manufacturing/light industrial use. Tile potential disadvantage of this option is: 1) City staff would have to determine whether or not properties were developed prior to Federal Way incorporation. Business Park Code Amendments Planning Commission Staff Report EXHIBll I PAGE_ . OF_II. File #03- I 01758-00-UP / Page 6 EXHIBI-I_ PAGE.._Z!OF Option C: Allo;v parcels less titan 1.5 acres in size and platted prior to Federal Way incorporation to be exempted from the requirement that office be an accessory use. Under this option, both existing development and potential future development on parcels less than 1.5 acres in size could have any mix of office and light industrial uses permitted in the BP zone. The potential advantages of this option are: 1) It provides increased leasing, property improvement, and development flexibility for small lots within the BP zone. 2) It would be easier for staff to administer eliminating the need for determining year of development for existing buildings; however, staffwould still need to determine when the parcel was created. The potential disadvantage of this option is: I) One or more office developments built prior to Federal Way incorporation are located on parcels larger than 1.5 acres and would remain nonconforming with regard to use. III. STAFF RECOMMENDATION Staff recommends that the following alternatives be recommended for approval to the City Council: Alternative Option B, Section II (A) of this staff report, which is to allow office use to utilize up to 50 percent of the total gross area of one or more buildings' located on the same parcel in the BP zone. Alternative Option C, Section II (B) of this staff report, which is to allow office use as a stand- alone use only on parcels in the BP zone that are less than 1.5 acres in size, were platted prior to City. incorporation, and have not been under common ownership with a contiguous parcel since incorporation. These changes would require the addition of a new Use Zone Chart for Office Use under Business Park Zoning (Exhibit A). In order to clarify the existing Use Zone Charts, it is recommended that any reference to the amount of either accessory office or accessory retail use in the existing charts be removed and that consistent with other sections of the code, they be allowed, as accessory uses to the principal allowed use pursuant to the definition of "Accessory" (Exhibit B). IV. 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: Business Park Code Amendments Planning Commission Staff Report EXHIBI I PAGE '1 OF_It_. -- :.~1¢ #03- ! 01758-00-UP/m,c m 23os7 Page 7 o EXHIBIT PAGE_L OF 2. To review and evaluate tile zoning code text regarding any proposed amendments. To determine whether tile proposed zoning code text amendment meets tile criteria provided by FWCC Section 22-528. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. V. 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: The proposed amendment is consistent with tile applicable provisions of the comprehensive plan. Tile proposed FWCC text amendment is consistent with tile following Federal Way Comprehensive Plan (FWCP) goals and policies: LUG5 Develop a quality business park area that SUl)pOrtS surrounding COllllllercia! areas. LUP35 Encourage quality, mixed-use development for office, manufacturing, and distribution centers. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The proposed amendlnent beat's a substantial relationshi!) to public health, safety, or welfare. The proposed FWCC text amendment bears substantial relationship to tile public health, safety, and welfare because it fimilitates tile leasing and iml)rovement of existing sites of employment within the City. 3. The prol)ose(I amendment is itl the best interest of the residents of the City. 'File proposed ["WCC text amendment is in tile best interest of the residents of the City because it facilitates development of new projects that would provide additional employment opportunities for cilizens of Federal Way. Business Park Code Amendments Iqanning Commission Staff Report PAGE -' - File #03-101758-00-UI / II ........ Page8 VI. I*LANNING COMMISSION ACTION EXHIBIT PAGE_] O F Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the folloxving 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. VII. EXItIBITS Exhibit A - New Office Use Zone Chart Exhibit B - Example of Changes to Existing Charts I:\l)OCUMl':N'l\Changcs to I~1' Zone Charls\l'lanning Commission Staff' Rcporl_doc/05/I 4/2003 1:41 I'M Business Park Code Amcndmcms Planning Commission Staff Rcport File #O3- ! 01758-00-UP / oo~ ~o 23osv Page 9 EXHIBIT A This entire land use chart is new; therefore, it hos not been underlined. 22-872 Office use. The £ollowin~ shall be n~itted in the business )ark (BP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to lind use... THEN, across for REGULATIONS Minimums Required Yards ZONE z ~ = BP ~ '~= .~> ~ ~ ~ ~ ~o._ ~ ~ SPECIAL REGULATIONS AND NOTES Office use Processll I 5 25 IL 20 ft. 20R. 401i. Determined ~. Office use may not exceed 5~ percent ~fthc total gross ~r area ~F~ buildings ~n any pnrcc~ that is I.Sacresor Possible acres or above on a case- greater in size. ProcesslI[ See 35R. [20IL 120R. average by-case 2. Office use may be allowcd on nny parcel that is less than l.S acres; provided: building basis a. The lot lines defining the lot were lawfidly created prior to March t, 1990: and l See ~ote 3 o~es I or elevation b. The applicant has not owned nny contiguous lot or lots since March I, 1990. ~ and ~ 50 It. i20 ft. l0 R. 3. If approved through process III, the height ora structure may exceed 40 a. above average building elevation, to a - See notcs 4. 5. andS Seenotcs maximumof55R, ifall ofthc Following criteria are met: ~ 3 and 5 a. The additional height is necessary to accommodate the pa~icular use conducted in the building: and  b. The subject prope~y does not ad oin a residential zone; and ..... c. Each required yard abutting the structure is increased one ~. for each one R. the structure exceeds 35 fl. above '~i building elevation; and ""~ d. The increased height will not block views designated by the comprehensive plan; and - ' e. The increased height is consistent ~vith goals and policies For the area of the subject property as established by comprehensive plan. 4. Front yard setback: 25 ft. ifentu is visine from right-of-way and front thcade is 15% glass; 35 Ft. if landscape bu~ and stormwater facilities are located in the front yard or 50 ~. if parking and driving areas are located in the front ~ 5. If any potion ora structure on the subject prope~y is within 100 ~. ora single-hmily residential zone, then that of the structure shall not exceed 30 R. above average building elevation and the structure shall be set back n minimu 20 ~. from the prope~y line of the residential zone. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site dcvclopmcnl requirements, i.e., required buffers, parking lot landscaping, surface water hcilitics, etc. 7. For community design guidelines that apply to the prQect, see A~icle XIX. 8. For landscaping requirements that apply to the project, see A~icle XVlI. 9. For sign requirements that apply to the project, see A~icle XVIII. 10. Refer to ~ 22-946 et seq. to determine what other provisions of this chapter may apply to the subject prope~y.. . [ Process I. [I. III and IV are described in -- For other information about parking nnd parking areas, see $ 22-I 376 et seq. ~ 22-351 -- 22-356. 22-361 -- 22-370 ' For de~ails of what may exceed this height limit, see ~ 22-I046 et. seq. 22-386-- 22-4I I. 22-43t ~ 22-460. respectixcly For detail~ regarding required yards see ~ 22-I 131 el seq. Doc ID 23055 EXHIBIT B 22-862 Photographic, communication and research. The folloxving uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section: USE Commercial or ndustrial Aotography, :inematography and video production Broadcast studios Research and development facilities Y or or USE ZONE CHART PrJcess I, II, III and W are described in ! §§ 22-351 -- 22-356. 22.361--22°3?0 22-386 -- 22-411, I 22-431 -- 22-460, respectively. DIRECTIONS: FIRST, read down to lind use... THEN, across for REGULATIONS Minimums Required Yards Deterr~ined on a case- by-case msis See notes 2, $ 4_ and 87 ZONE BP SPECIAL REGULATIONS AND NOTES 1. If approved through process Ilk the height cfa structure may exceed 40 ti. above average building elevation, to a maximum of 55 ft. if all of the following criteria are met: a. The additional height is necessary to accommodate tile particular use conducted io the building: and b. The subject property does not adjoin a residential zone; and c. Each required yard abutting tire structure is increased one ft. for each one 1t. tile structure exceeds 35 1l. aboxc average building elevation; and d. The increased height will trot block viexvs designated by the comprehensive plan; and e. The increased height is consistent with goals and policies for tire area of the subject property as est ~blished bf' thc comprehensive plan. 2. Front yard setback: 25 ft. if entry is visible from right-of-way and front facade is 15% glass; 35 ft. if landscape buffer stormwater facilities are located in tire front yard or 50 ft. if parking and driving areas are located in the front yard. '~ Undo: this section tNs u.se-may !nc!ude,-m'~'w~esse.'T e.rfi'.c-" t!ti!i':.}ng ne .-.lore t,?.n 50?/: efth.e,-g-r, ess fioor-.aroa-oglhi.;-t~s~ rl,~ onoz ^r*k ..... ~,-,~qrca..of4~-u~eq-nro-~idcxk and nccesso~' retni. ~ksale-r,-a,t~-sev.'ice fac:braes-utilizing ne ,'-e-e. an _~ :, e = ......... . .... , l,~4ve,.,er, tN'e4h*pnrm'u:5'-ur,e~ml~ze- ?~-mn ...... m o .......... = ...................... 4. 3. The subject property must be designed so that truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located ns thr as possible from any residentia zone and secondary from any pt b c r ght-of-way. =% 4. If any oortion of a structure on t ~e subject property is w thin I00 ft. of a sino-.Ie-family residential zone, then th V,&l'~rti05 of t-g'e structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimtu~ ft, from the property line of the residential zone. ~ 5_. No maximum lot coverage is established. Instead, the buildable area will be determined by other site dcvclopm requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. ~ 6 For commun ty des gn guidelines that apply to the project, see Article XIX. 8, ~.. For landscaping requirements that apply to the project, see Article XVII. 9-, ~. For sign reqt irements that apply to t~e project, see Article XVIII. J,4L,~. Refer to § 22-946 et seq to determ le w mt ct ~er prov sions of this chapter may apph, to the subicct property. -M- ~0 The de~elopment must contain at least 1 '~ acres' provided however, this use may be condt,ctcd on a lot of ai~e a.-~'he lot lines defining the lot were lawfully created prior to March 1, 1990; and b. Tire applicant has not owned anY contiguous lot or lots since March 1~ 1990. .. For other infonnatlon about parking and parking areas, see § 22-1376 et seq. For details of what may exceed this height limit, see § 22-1046 et. seq. For details regarding required yards, see § 22-I 131 et seq. (Ord, No, 96-27n ~' 5.7.2-96: etd, No. 97-291, § 3, 4.1.97; Ord. No. 99-333, § 3, 1-19-9.9) EXHIBIT 2 This entire land use chart is new; therefore, il has not been underlined. 22-872 Oftice use. The following uses shall be poi'mitred in the business park (BP) zone subject to the regulations and notes set forth in this section: Office use Pro{ess I. II. III and 1V are described "' 22-351 C 22-356. 22-36I C '~" 22-386 C 22-411. 22--131 C 22-460. respectixcl> USE ZONE CHART DIRECTIONS~ FIEST. read down to find use . . THEN. across tbr REGULATIONS Mh~hl~UlllS ,.--~ 40 1i. above ~buildino. elevation ~Scc notes 3 Procc 11 1.5 Possit acres Proce III See note 3 notes ! alld 2 Required Yards ~ ft. 2( t. 20 = '.-, or ~s r~ I~0 r~. 1~0 r~. or Sec notes 4.5. and 8 Determined Oil a case- ?case basis ZONE BP SPECIAL REGULATIONS AND NOTES I. el'lice use may not cxcecd 50 pcrccntoftbe total gross floor area oFall buildin~ on any parcel that is 15 acres or greater ,it size. 2. OFt]ce use may be allowed on any parcel that is less than 1.5 acres; provided: a. Thc lot lines dcfiningthe lot were lawfiflly created prior to March t, 1990', and b. The applicant has not owned any contiguous lot or lots since March I, 1990. 3. If approved through process Ill, the height of a structure may exceed 40 I~. above average buiklmg elevation, to a maxhnum of 55 Ft. if all oF the INIowing criteria are met: a. The additimal bcid~t is necessary to accommodate the particular ese conducted in thc building: and b. The subject property does not adjoin a residentialzone; and c E'lch required yard abuttino the &ructure is increased one 1t. tbr each one fl. thc structure exceeds 35 IL aboxc ax cragc building elevation; and d. The increased l~ei~t will not block views desi~mted by the comprebensixe plan; and c. The increased beirut is consistent with goals and policies tbr the area of thc subject propert) as established b} thc comprebensim phm. 4. Front yard setback 25 1t. iFcntry is visible IYotn rightmI:way and front I;qcadc is 15% glass; 35 R. il' hmdscapc buFIbr an~m stonmvater t~qcilitics are located in the front yard or 50 R. if parking and driving areas are located in thc' front yard ~ ~ For other information about parking and parking areas, see ' 22-1376 et seq. For dct3ils of what may exceed fl~is height limit, see ' 22-1046 et. seq. For details regarding required yards, see ' 22-1131 et seq. EXHIBIT 3 22-862 Photographic, communication and research. sub. ject to the re zulations and notes set t'o,'tl'~ in ti'ds section: The £ollowing uses shall De pem'utteo m me vus;n<s~ pmr, k~r ) ~- .... %~ ........... = USE ZONE CHART m DIRECTIONS: FIRST. read down to find use.. THEN. across lbr REGULATIONS ~ Minimums 5 Re,uired Yards ZONE ~ ~ ~ BP ~ ~ .~ ~ = ~ .= = USE '2 .~ ~ ~ ~' ~ - '- ~ ~ ~ o ~ ~ .~ = ~ SPECIAL REGULATIONS AND NOTES ;~Com ~c 'cial or Process .5 25 fl. 20 ft. 20 I't. 40 IL Determined 1. If approved through proccss Ill. the height of a structure may exceed 40 fl. above average building elevation, k~ a maxmmm of industrial II acres or above on a case- 55 IL il'all of the lbllowing criteria are met: >hotouraphv. Possible 35 ti. 120 fl. 120 fi. average by-case a. The additimal height is necessary to accommodate the particuNr use conducted in the building: and - ' building basis b. The su~}ect property does not adjoin a residential zone; and cinematograph) Process Sec hole or elevation c. Each rcquircdyard abuttingthc stmctureis i~lcreasedone fl. Ibr each one fl. thc structurccxcccds35 ft. above average nnd video Ill 44. l t~ 50 fl. 120 fl. [0 fl. buildineelcvalion: alld )roductic~ Sec notes 2. ~ ~ and Sec notes I d. The increased height will not block views desi~ated by the comprchcnsim plan; and Brondcaststudit~ See note j 8 2 , alld ~ ~ c. Thc increased height is consistent with goals and policies for thc area o 't ~c subject property as established by the comprebensi~ plan. Research nnd 2. Front yard setba& 25 IL if entry is visible lkom ri~tml2way and tkont lkqcade is 15% glass; 35 fl. if landscape but'l~r and development stormwater facilities are located in the l?ont yard or 50 ~. if parking and driving areas are located in thc l?ont yard. t~qcilities 2. Under this sec,em .,2:: t: ....... ; ...................... a ................ = ~ 3. The subject property must be desired so that truck parkin~ loading and n~aneuvering areas: areas where noise generating ~ out~r uses and activities may occur; and vents and similar features are located as l~qr as possible Ikom any residential zone and secondarily, from any public right,f-way. ~ g 4~ If any portion of a structure on the subject property is within 100 tL of a singlc-t~mily residential zone. then that portion of ~ !the structure shall not exceed 30 fL above average building elevation and the structure shall be set back a mi;,imum of 2~fi'~, ~ the property line of the residential zone.  g 5~ No maximum lot coverage is established. Instead. the buildable area will be determined by other site dc~clopmen ~-, requirements, i.e., required bul'lkrs, parking [or landscaping surface water li~cilities, etc. ---' ~ 6. For community desi~ guidelines that apply to the project, see Article XIX. ~ ~ For landscapingrequirements that apply to the project, see Article XVII. ~ ~ For s g ~ requirements that apply to the project see Article XVIII. ~ ~ 9 Relkr to ~ 22-946 et scq to deter n ~e what other provisions of this chapter may apply to the sublect property. ~ ~0 The dc4c opment must contain at least 1.5 acres; provided, mwevcr this usc may be conducted on a lot of anx'~izc if: 'a~he lot lines dcfin ng t ~ ot were lawlkflly created prior to March 1. 1990: and b The applicant has not owned any conti~ous lot or Io~ since March I, 1990. ~ ,, P~cess L II, 1II and IV are described in ,, 22-361 C 22-370 For details of what may exceed d~is hcieht limik sec ' 22-1046 ct. ~eq. } 22.386 C 22-~11~ ~ { 22-431 .C 22-460. rcspccdx clx For details regarding rcquh'ed yards, sec ' 22-I 131 ct seq. (Ord. N¢.96-270 ' 5. 7-2-9¢: Ord No.97-291~ ' 3~ 4-1-97: Ord. No.99'333. ' 3. 1-19-99) City of Federal Way PLANNING COMMISSION Regular Meeting May 21,2003 7:00 p.m. EXHIBi'i ..... MEETING SUMMARY Commissioners present: John Canlfield, Itope Elder, Dave Osaki, Grant Newport, and Dini Duclos. Commissioners absent (excused): Matra Justus Foldi and Bill Drake. Alternate Commissioners present: Merle Pfeifer and Lawson Bronson. Alternate Commissiouers absent (excused): Tony Moore and Christine Nelson. Staff present: Community Development Services Director Kathy McClung, Senior Planner Margaret Clark, Consultant Janet Shull, Deputy City Attorney Karen Kirkpatrick, 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 SUMMARY A qnestion arose regarding a statement in tire meeting summary and the Clerk of the Commission was asked to review the tape and correct the statement if it is incorrect. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Moved to tire end of the meeting. COMMISSION BUSINESS PUBLIC HEARING - Changes to Business Park Use Zone Charls Code Amendments It was mZv/c to open the Pnblic Hearing at 7:05 pm. Ms. Clark iutroduced Janet Shull of Janet Shull Designs who gave the staff presentation. The City received txvo rcquests fi'om citizens to amend the Business Park zone to: I. Allow more office si)acc per tcuanl. 2. Allow existing nonconforming single lei/alii oflicc buildings lo be i)crmitlcd outright. Thc rcqucsts wen! before thc Cily Council and ~vcrc deemed to havc merit. Ms. Shnll presented three oplions lbr each rcqucst, which arc ot,tlincd in thc staff report. In order to climinat¢ coufusion, staff developed a new usc zone chart for office in Brininess Park (BP) (Exhibi! Aiu the staff report). Therefore, Planning Commission Summary Page PAG E_I O F_2. L- the notes pertaining to office use are to be remoVed from the other BP use zone charts (Exhibit B in the staff report). Staff developed three options in response to each request (see the Staff Report). In response to request #I, the staff recommendation is Option B: Allow office use to utilize up to 50 percent of the total gross area of one or more buildings located on the same parcel in the BP zone. This is a change from emphasis on the tenant to the building/parcel. Meaning that a building/parcel could have one or more tenants that are solely office, and others that are light industrial, so long as the office tenant(s) occupy no more than 50 percent of the building/parcel. In response to request fl2, the staff recommendation is Option C: Allow office use as a stand-alone use only on parcels in the BP zone that are less than 1.5 acres in size, were platted prior to incorporation, and are not under common ownership. In their research, staff discovered that many parcels in the BP zone are less than 1.5 acres in size and many of those are stand alone office use. They are currently legally nonconforming and this amendment would make them conforming. Staff feels it is important to have some land in the City dedicated to light industrial use, which is why they applied this amendment to parcels less than 1.5 acres in size. The Commission asked how many parcels exist outside the BP zone for office and what input could this have on them'?. Staff replied that they do not have this information, but they know that there is vacant office space. If BP were to be fully opened up to office, this could have an impact on other office zones. The Commission opened the hearing to Public Testimony. Bob Hart, Fedway Associates H LP - He stated there would be design issues when converting a building designed for industrial use to one for office use. The parking is less for industrial, there are loading docks, and the buildings tend to be longer with fewer windows. He said the staff/Commission should nOt designate a percentage for office use. The amount of office needed is different for different buildings. Some may only need about 10 percent of their building for office; others may need 70 percent for office. Lawson Bronson, Alternate Planning Commissioner - He commented that all uses in place before the City incorporated should be grandfathered. They should be considered conforming and allowed to make any improvements they want and/or need. If the type of business changes, then they should be required to conform to the current zoning code. The Commission expressed concern that under the staff recommendation, there would still be nonconforming office use in the BP zone. Staff responded that to their knowledge, there is only one parcel that would remain nonconforming under this code amendment. Commissioner Elder commented that office is our strength in this City. We should allow the market to dictate and therefore allow office without restrictions in the BP zone and thereby, build upon our strength. It was m/s/c (four yes, one no) to adopt the staff recommendation (Request # 1, Option B), to allow office use to utilize up to 50 percent of the total gross area of one or more buildings located on the same parcel in the BP zone. It was m/s/c (four yes, one no) to adopt the staff recommendation (Request/t2, Option C), to allow office use as a stand-alone use only on parcels in the BP zone that are less than 1.5 acres in size, were platted prior to incorporation, and are not under common ownership. Planning Commission Summary PAGE_ _ OF, The Public Hearing was closed at 8:12 p.m. The Commission asked if there was intent to review the BP zone? Staff replied that the City Council has approved a review of the BP zone that will look at such items as the mix of uses, traffic concerns/impacts, economic development, and more. The Commission feels strongly that the BP zone needs to be reviewed for intent, uses, and best interest for the City. They also feel the trigger for nonconforming needs to be reviewed. Many of the issues they see deal with nonconforming and how the changes/improvements owners want to make exceed the trigger. It may be that the trigger should be changed. ADMINISTRATIVE REPORT Ms. McClung introduced Karen Jorgensen, the City's new Assistant City Attorney. Ms. Jorgensen will be working with Community Development. Ms. McClung commented that the staff is in full agreement with the Commission on reviewing the BP zone. The next Planning Commission meeting will be June 18 and' the topics will be oversized vehicles and a presentation on Robert's Rules of Order. We will also meet July 2, unless there will not be a quorum. She asked Commissioners to let her know whether they will be in attendance or not. We have completed the 2002 Comprehensive Plan updates and will be starting the 2003 very soon. At this point, the staff only has specific parcel requests to review, no changes to chapters. Different City departments are working on aspects that if they are completed, we may have chapter updates for the comprehensive plan. The PAA study continues and we hope to be done by the end of the year. We have selected a consultant for the Downtown Planned Action SEPA. Improvements have been made to the City's Geographic Information System. We will let you know when a presentation on the improvements will be given to the LUTC so you may come to the meeting, or watch it on TV. Kitt's Comer is slowly making process. Ms. McClung met with them last week. The City will begin to accept application for Passports in June. The Volunteer Banquet is Friday, May 30. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:25 p.m. K:Le'lasming Con'a~ission~03xl~4ee6~g Summar/05-2 I.-03.doc/Last In-in~ed 5/28/2003 I ~4 PM EXHIBi'" _ PAGE_ EXHIBI-i 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 (BUSINESS PARK 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 office use in the Business Park (BP) zone is necessary to respond to changing market conditions, to provide for more flexibility in the location of office development, and to address existing offices in the BP zone; 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 May 21, 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 June 2, 2003, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the code amendments relating to allowing office use in the Business Park (BP) are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Ord No. 03 - , Page ! EXHIBI-i. $ ~['~N~FId-~.zT~ic~~o ~c t..~ty o1'F~dcral Section I. Findings. 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: LUG5 Develop a quality business park area that supports surrounding commercial areas. LUP35Encourage quality, mixed-use development for office, manufacturing, and distribution centers. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The proposed amendments bear a substantial relationship to public health, safety, or welfare because they facilitate the leasing and improvement of existing sites of employment within the City. and The proposed amendments are in the best interest of the residents of the City because they will supplement existing Use Zone Charts and clarify other Use Zone Charts. The proposed amendments will also facilitate development of new projects that would provide additional employment opportunities for citizens of Federal Way. 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. Ord No. 03 - , Page 2 EXHIBI' PAGE_ Section 6. Effective Date. This 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: MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I:L2002 Code Amendments\Changes to BP Zone\LUTC~Adoption Ordinance.doc/05/28/2003 12:30 PM Ord No. 03 - , Page 3 EXHIBi-i .... $ ITl 9.0 7.5 6.0 4.5 3.0 1.5 0.0 Developed Parcels 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 51 53 .¢/: of parcels 15.0 13.5 12.0 10.5 9.0 7.5 6.0 4.5 3.0 1.5 0.0 Vacant Parcels 12345678 9 1011 12 131415161718192021 22 2324 2526 27 2829 3031 32 3334 35 # of parcels 12.0 10.0 8.0 ,-- 6.0 4.0 2.0 0.0 Developed Parcels 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 51 53 # of parcels 16.0 14.0 12.0 10.0 8.0 6.0 4.0 2.0 0.0 1 2 3 4 Vacant Parcels 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 # of parcels EXHIBIT F This entire land use chart is new. 22-872 Office use. The following uses shall be permitted in the business park (BP) zone subject to the regUlations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Recuired Yards ~ ZONE - ~ ~ BP USE ~ g ~ '~ ~' a '- ~' '~ SPECIAL REGULATIONS AND NOTES Office use Process II -1=-3 25 ft. 20 ft. 20 ft. 40 ft. Determined 1. Office use may not exceed 50 percent of the total gross floor area of all buildings on any parcel that is -1~ 2_ acres or greater Possible a~es or above on a case- m size. ProcessllI 35ft. 120ft. [2oft. average by-case 2. Office use may be allowed on any parcel that is lass than -1-.-.-3 2 acras; provided: See or building basis a. The lot lines definingthe lot were lawfully created prior to March 1, 1990; and r r'] see note 3 notes 1 and 2 50 ft. 120 ft. [0 ft. elevation b. The applicant has not owned any contiguous lot or lots since March i, 1990. 3. If approved through process III, the height ora structure may exceed 40 ft. above average building elevation, to a maximum X See notes 4, 5, and 8 See notes 3 of 55 ft. if all of the following criteria are met: T' and 5 a. The additimal height is necessary to accommodate the particular use conducted in the building; and b. The subject property does not adjoin a residentialzone; and ~ c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above average ~]~ building elevation; and ~ d. The increased height will not block views designated by the comprehensive plan; and ~ e. The increased height is consistent with goals and policies for the area of the subject property as established by the comprehensive plan. 4. Front yard setback 25 ft. if entry is visible from right-of-way and front facade is 15% glass; 35 ft. if landscape buffer and stormwater facilities are located in the front yard or 50 ft. if parking and driving areas are located in the front yard. ~a~ 5. If any portion of a structure on the subject property is within 100 ft. of a single-family residential zone, then that portion of ! the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. * from the property line of the residential zone. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping surface water facilities, etc. 7. For community design guidelines that apply to the project, see Article XIX. 8. For landscapingrequirernents that apply to the project, see Article XVII. 9. For sign requirements that apply to the project, see Article XVIII. 10. Refer to ,~ 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property.. Process I, II, III and IV are described in For other information about parking and parking areas, see ' 22-1376 et seq. ' ' 22-351 ¢ 22-356, 22-361 ¢ 22-370 For details of what may exceed this height limit, see, ' 22-1046 et. seq. 22-386 ¢ 2241 I, 22431 C 22460, respectively. For details regarding required yards, see ' 22-1131 ,et seq. File #03-10175S-00-UP Doc ID 23058 EXHIBIT G 22-$62 Photographic, communication and research. shall be ,errnitted in the business park (BP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART ~ DIRECTIONS: FIRST~ read down to find use... THEN, across for REGULATIONS ~ Minimums ~ Ret uired Yards ~' ZONE BP ~ .~ .- USE '~._ ~ .~ '-' ~ .~g ~- ~ = -g '- ~r '- SPECIAL REGULATIONS AND NOTES Commercial or Process 1.5 25 ft. 20 fi. 20 fi. 40 fi. Determined 1. If approved through process III, the height of a structure may exceed 40 fi. above average building elevation, to a maximum of above on a case- 55 ft. if all of the following criteria are met: industrial II acres or by-case a. The additional height is necessaryto accommodate thc particular use conducted in the building; and average ~hotography, Possible 35 fi. [2o ft. 120 fi. building basis b. The subject property does not adjoin a residential zone; and cinematography Process See note md video ll~ -14 10 or elevation c. Each required yard abutting the structure is increased one ft. for each one fi. the structure exceeds 35 fi. above average production 50 fi. 120 ft. [ 0 ft. building elevation; and Broadcast studios See note See notes 2, 6 4_ and See notes 1 d. The increased height will not block views designated by the comprehensive plan; and 1 8 7 and ~ 4_ c. Thc increased height is consistent with goals and policies for the area of the subject property as established by the comprehensive plan. Research and 2. Front yard setbaclc 25 fi. ifentry is visible from right-of-way and front facade is 15% glass; 35 fi. if landscape buffer and development stormwater facilities are located in the front yard or 50 ft. if parking and driving areas are located in the front yard. facilities ~ .~.,~: t~e pr!maD' r'r] ~ 3. The subject property must be designed so that track parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any residentialzone and X , secondarily, from any public right-of-way.  ~. 4. If any portion of a structure on the subject property is within i 00 fi. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from ~ the property line of the residential zone. ~ 6:. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development ,.,,I requirements, i.e., required buffers, parking lot landscaping surface water facilities, etc. ~ 6_. For community design guidelines that apply to the project, see Article XIX. g. 7_. For landscaping requirements that apply to the project, see Article XVII. !~ 9: 8_~.For sign requirements that apply to the project, see Article XVIII. -~. 9. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. -14. I 0.._~. The development must contain at least 1.5 acres; provided, however, this use may be conducted on a lot of any size if: a. Thc lot lines definingthc lot were lawfully created prior to March I, 1990; and ~ b. The applicant has not owned any contiguous lot or lots since March 1, 1990. 12. Fcr 'ocess I, II, III and IV are described in For other information about parking and parking areas, see ' 22-1376 et seq. ' ' 22-351 ¢ 22-356, 22-361 C 22-370 ' For details of what may exceed this height limit, see ' 22-1046 et. seq. 22-386 C 22-411, 22-431 C 22-460, respectively. For details regarding required yards, see ' 22-1131 ct seq. (Ord. No. 96-270, ' 5, 7-2-96; Ord. No. 97-291, ' 3, 4-1-97; Ord. No. 99-333, ' 3, 1-19-99) 3 23060 File #03-1OD. UP Secrttle: (253) 838-8733 June 1, 2003 Estelle I. Yamaki, M.D., Inc., P.S. Eleventh Place Center 34617 E~eventh Place South - Suite 301 Federal Wa~, Washington 98003-8706 Fax: (253) 927-6911 Tacoma: (259) 927-5053 Land Use/Transportation Committee City of Federal Way 33530 1~t Way South Federal Way, WA 98063-9718 Subject: Proposed amendment to Federal Way City Code Chapter 22, Article XI, District Regulations, Business Park Zoning, Office use (22-872) File No. 03- 101758-00-UP Dear Members of the Land Use/Transportation Committee: Recently, I have been exploring opportunities in the local area to better accommodate the needs of my patients and my medical practice. One option that I have been considering is the purchase of the Siesta Motel on the corner of Hwy 99 and 356ta Street. My idea would be to totally renovate the motel and convert it into a small medical office build!ng. In our early steps to explore the feasibility of this, we quicklY realized that there is ~ zoning issue which would prohibit this. However, the proposed amendment before you today in large part addresses this issue. So, with this letter and my husband's assistance, we wish to propose a very small change to the recommendations now being put forth by the Planning Commission regarding the use of office space in the BP zone. The proposed amendment would allow for office use on parcels that are less than 1.5 acres in size. Well, as luck would have it, the lot that the Siesta motel is on happens to be 1.56 acres! However, this property is adjacent to a wetland; therefore, the effective size of the lot is significantly less than 1.5 acres. In fairness to the owners 0fthe Siesta Motel and any other properties in a similar situation, it behooves the City to make a slight adjustment to include such properties in the subject amendment: This could be made by simply changing 1.5 acres to perhaps 1.6 acres in the amendment. Alternatively, I would like to recommend that the committee consider an amendment to subtract easements or wetlands so that this 1.5 acre cutoff is applied equitably throughout the zone. Surprisingly at this moment, there is very little office space available in Federal Way which is suitable for medical purposes. In fact, the realtor that we've been working with has not found a single space to accommodate us. You may not be aware of the fact that medical offices need an enormous amount of plumbing. This can not be easily '- accommodated by most office buildings. For example, in my existing space I have 14 sinks, and we need every one of them. Additionally, medical offices need more parking than most office buildings due to the number of emploYees and patients we serve. Lynn A. Clark, A.R.N.P. Estelle L Yamaki, M.D. Kathy Puderbaugh A.R.N.P. In light of these constraints, I have even been looking seriously at moving my practice to Fife. This is an option that is being forced upon me due to the severe shortage of suitable sites locally for my practice. This will be unfortunate, especially since three other OB/GYNs are moving their practice from Federal Way to Auburn later this year. If you allow a minor change in the amendment before youtoday, it will allow me and other medical/dental professionals the opportunity to renovate an older building and make it into an attractive small medical office building. Alternatively, the zoning: severely limits the prospects for properties such as thi~. I strongly encourage the City to approve this amendment with the changes I have suggested. This would be good for my patients, the owners of the Siesta motel and the community. I do apologize that my input was not presented earlier at the public hearing. However, this is an idea which we only conceived abofit a week ago. In light of all of these facts, I hope you will approve the Planning Commission's recommendation with my proposed change. Sincerely, Estelle I. Yamaki,VM.D. MEETING OATE: CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: VoiceStream PCS III Corporation (T-Mobile) Non-Exclusive Franchise/Right-of-Way CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memorandum dated June 17, 2003 to the Finance, Economic Development and Regional Affairs Committee, Franchise Agreement (Ordinance). SUMMARY/BACKGROUND: VoiceStream PCS III Corporation (T-Mobile) has requested a non-exclusive franchise for the purpose of installation, operation and repair of its wireless communications fixtures and related equipment on a Puget Sound Energy pole located within City right-of-way at 30605 First Place South. The term of the Franchise is 10 years, consistent with franchises the City has granted to AT&T Broadband, for cable; Puget Sound Energy, Tacoma Public Utilities (for Lakehaven's second supply pipeline); Weyerhaeuser, Sprint, Metromedia, Williams Communications : fiber optic cable); and AT&T Wireless Services (for wireless facilities). VoiceStream will maintain insurance of $5 lvlillion combined single limit for commercial general liability and $5 Million for automobile. The Franchise requires VoiceStream to post a bond in the amount of 120% of the value of the work to be performed, or in the alternative, VoiceStream may elect an Assignment of Funds or cash deposit, prior to commencing any work under the Franchise. CITY COUNCIL COMMITTEE RECOMMENDATION: Finance/Economic Development/Regional Affairs Committee recommended approval of the Franchise Agreement. PROPOSED MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on July 15, 2003. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED MOVED TO SECOND READING (ordin. ances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # REVISED - 05/10/2001 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: June 17, 2003 Finance, Economic Development and Regional Affairs Committee David H. ~Manager Patricia A. RichaYdson, City Attorney Proposed VoiceStream PCS III Corporation Non-Exclusive Franchise/Rights-of-Way VoiceStream PCS III Corporation (T-Mobile) has requested a non-exclusive franchise for the purpose of installation, operation and repair of its wireless communications fixtures and related equipment on a Puget Sound Energy pole located within City right-of-way at 30605 First Place South. The basic terms of the proposed franchise are as follows: 1. Equipment. The franchise would permit VoiceStream to replace an existing forty-three (43) foot Puget Sound Energy pole with a fifty-eight (58) foot pole, mount a three (3) sector antenna array, consisting of three (3) six (6) foot antennas, at an elevation not to exceed fifty-eight (58) feet, and place related ground equipment in an existing shed on the abutting single family property. 2. Consideration. VoiceStream will pay the City's administrative costs and expenses in preparing and approving the franchise. VoiceStream will also relocate its facilities at the City's request, at VoiceStream's cost, and repair any damages it causes to the ROW, also at VoiceStream's cost. 3. Insurance. VoiceStream will maintain insurance of $5 Million combined single limit for commercial general liability, $5 Million for automobile insurance. 4. Term. The term of the proposed franchise is 10 years, consistent with franchises the City has granted to AT&T Broadband, for cable; Puget Sound Energy, Tacoma Public Utilities (for Lakehaven's second supply pipeline); Weyerhaeuser, Sprint, Metromedia, Williams and Tyco (for fiber optic cable); and AT&T Wireless Services (for wireless facilities). 5. Bond. The proposed franchise requires VoiceStream to post a bond in the amount of 120% of the value of the work to be performed, or in the alternative, VoiceStream may elect an Assignment of Funds or cash deposit, prior to commencing any work under the Franchise. K:\TELECO1VBfedrac VoiceStream memo.doc 6. Issues of Note. Assignment. Previous City franchises, particularly telecommunications franchises, contain provisions prohibiting the telecom company from assigning or transferring its interest in the franchise without first obtaining the City's consent. In recent instances, these provisions have been the subject of substantial negotiation and disagreement with the providers. VoiceStream's primary interest in this regard is to preserve some ability to transfer to a parent, subsidiary or affiliate (those entities under common ownership with it) without having to obtain City consent. Because City interest in approving assignments has largely been based on concerns for public safety, right-of-way integrity, and liability, staff and VoiceStream drafted a provision which allows VoiceStream to transfer to a parent, subsidiary or affiliate, in limited circumstances, without City approval, provided that the assignee or transferee must have comparable financial strength as Franchisee or sufficient financial strength as deemed reasonably necessary by the City, and must agree in writing to comply with all of the provisions of the Franchise including resolution of any noncompliance issues. Consistency with laws. Previous City franchises, particularly telecommunications franchises, contain provisions in which the franchisee must waive its rights to bring any action that the franchise is contrary to any local, state, or federal law (including without limitation the Federal Telecommunication Act of 1996). In recent instances, these provisions have been the subject of substantial negotiation and disagreement with the providers. VoiceStream's primary interest is in preserving its ability to bring actions as permitted by law. Because City interest is in protecting against a company entering into a franchise in bad faith and immediately turning around and suing to get out of the specifically negotiated terms, the City and VoiceStream drafted a provision which states "The City and Franchisee agree that the terms of this Franchise are consistent with, and not contrary to, local, state and federal law". Committee Recommendation: Staff requests that the committee forward the proposed franchise to the full City Council, for placement on the July 1, 2003 City Council agenda, with a "do pass" recommendation. Uommittee Ch: Comt ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING VOICESTREAM PCS III CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS- OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, VoiceStream PCS III Corporation ("Franchisee") has requested a Franchise from the City of Federal Way, in order to place wireless transmitting facilities and related appurtenances in the City owned or controlled rights-of-way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a Franchise, which will specify the rights and duties of Franchisee; and WHEREAS, RCW 35A.47.040 et. seq. permits the City of Federal Way to grant nonexclusive Franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive Franchise Agreement, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. , Page 1 Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means: (i) wireless communications facilities, including, but not limited to electronic equipment, radio transmitting and receiving apparatUs, and supporting equipment to be located on a pole on a certain public right of way, base station transmitting cabinets, radio frequency antennas and E-OTD locating antennas as required by law or FCC order, (ii) underground fiber optic telecommunication lines or similar lines, and (iii) any appurtenances necessary to connect the lines or similar lines to the existing switched telephone network all as shown on Exhibit "A." 1.5 "Franchise Area" means only that portion of the City owned or controlled rights-of- way located in the City of Federal Way and shown in Exhibit A attached hereto (excluding privately owned property), and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.6 "Franchisee" means VoiceStream PCS III Corporation, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 24 herein. 1.7 "FWCC" means the Federal Way City Code. Ordinance No. , Page 2 Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This Franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities for or to cable and other third-party cable or telecommunications providers, and Franchisee covenants and agrees that it will not do so. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area Ci.ty Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Additionally, this Franchise does not convey any right to Franchisee to install its Facilities on, under, over, across private property or on any other person or entity's poles or apparatus and Franchisee is responsible for obtaining any authorizations, agreements or consents from private property owners and any other persons or entities. Ordinance No. _, Page 3 Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period often (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section 5. Location of Facilities 5.1 Location. In addition to the other requirements of this Franchise, the location of the Facilities, including any underground Facilities and appurtenances, their depths below surface of ground or grade of a fights-of-way, and any related existing equipment (such as cellular antennae) to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities. The fiber optic line permitted by this Franchise which runs from the pole in the rights-of-way to the equipment shed or building on private property shall be installed underground. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall, at the City of Federal Way's reasonable request, provide the location of Franchisee's Facilities within the Franchise Ordinance No. ., Page 4 Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform anY and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the fi'ce passage of traffic and (2) in accordance with the laws of the State of Washington and City Code requirements, Franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director in accordance with the foregoing or given public health, safety and welfare.. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed Facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of- way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and Ordinance No. , Page 5 equipment shall be in new or like new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, 'but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the rights-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the workday in which they have been opened. Trench areas within the rights-of-way, but not with in a driving lane, must also be patched within the time limits specified by the City on the rights-of-way Ordinance No. ., Page 6 use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed with the Franchise Area during the five (5) year period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for one (1) block (approximately 500 feet) in length in both directions from the open cut. Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments and markers, Ordinance No. _, Page 7 shall be borne solely by the Franchisee. A complete set of reference notes for monuments, markers and other ties shall be filed with the City. Section 11. Right of City. to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) business days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 8 herein and Franchisee' s obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees, within thirty (30) days. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Notice to Franchisee of Work by City 12.1 City Reservation of Rights. The City reserves the fight to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. Ordinance No. , Page 8 This Franchise is not an exclusive Franchise and shall not be construed in any manner to prohibit the City from granting other and further franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. Franchisee shall operate the Facilities in a manner that will not cause interference to the City, and other lessees, franchisees, or licensees of the Franchise Area whose use predates this Franchise, and in compliance with the requirements of FWCC Section 22-972 as it now exists or is hereafter amended. In addition, with respect to lessees, franchisees or licensees whose operations commence after installation of the Facilities hereunder, Franchisee shall not make any change in its operations that causes or is intended to cause material interference with such lessees, franchisees or licensees. All operations by Franchisee shall be in compliance with all Federal Communications Commission ("FCC") regulations. Pursuant to FWCC Section 22-971 as it now exists or is hereafter amended, the City may issue permits for and enter into franchises and leases to allow location or collocation of other telecommunications facilities in the Franchise Area, and Franchisee consents to same, provided however, that the location or collocation must occur in compliance with said FWCC Section 22-971 as it now exists or is hereafter amended. In the event that any such location or collocation results in interference with Franchisee's operations, and provided that Franchisee has substantially complied with the provisions of this Franchise, the City agrees to take reasonable steps to cause the interfering party to eliminate such interference. In the event that the interference is not eliminated within thirty (30) days of notice to City by Franchisee, Franchisee may terminate this Franchise immediately and pursue any and all Ordinance No. , Page 9 remedies available to it against the interfering party (but in no event shall Franchisee pursue any action against City at law or in equity or for declaratory relief). 12.2 City's Duties. In the event (i) the City undertakes any work, including necessary maintenance within a rights-of-way in which Franchisee's Facilities are located, or (ii) the City requires undergrounding of Facilities of Franchisee or lines or equipment of any other entity due to the City requiring the removal of any poles, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice of the required relocation or undergrounding to Franchisee within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications. Then, Franchisee shall relocate or underground (as the case may be)its Facilities to accommodate or comply with the City work. 12.3 Franchisee's Duties. Within sixty (60) days of receipt of the City notice under Subsection 12.2(a) requiring relocation or undergrounding and receipt of the plans and specifications pursuant to Subsection 12.2(b), Franchisee shall raise, lower, or move or underground such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City to comply with City requirements or to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a rights-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the rights-of-way. In the event of relocation Ordinance No. , Page 10 or undergrounding City and Franchisee agree to reasonably cooperate to relocate the Facilities to a different area of the Franchise Area, if possible. Any relocation of the Facilities shall be performed by Franchisee. City shall provide Franchisee with thirty (30) days notice, or in the event of emergency, with notice if it is reasonably practicable to do so. The City shall reasonably cooperate with Franchisee in processing any required zoning approvals for relocating the Facilities including suggesting alternative locations in the Franchise Area if such are reasonable possibilities. Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a rights-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage pursuant to Section 11 of this Agreement. Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. Ordinance No. , Page 11 14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the Franchise immediately revoked. Section 15. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 16. Eminent Domain The existence of this Franchise shall not preclude the City fi:om acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than sixty (60) days before vacating all or any portion of the Franchise Area. The City may, after sixty (60) written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 18. Compliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, Franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that Ordinance No. ., Page 12 if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. The City and Franchisee agree that the terms of this Franchise are consistent with, and not contrary to, local, state and federal law. 18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may develop generally applicable rules, regulations, ordinances and specifications for the use of the rights-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same, provided they do not conflict with state law. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of ten (10) years against settlement or repair. Section 20. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the FWCC. Section 21. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and Ordinance No. , Page 13 liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting fxom, or connected with this Franchise to the eXtent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, managers, members, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents, employees, independent contractors, officers, or volunteers. In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be um'easonably withheld. The City shall have the fight at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted there under, to the full extent of Franchisee's negligence. Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation insurance in amounts sufficient pursuant to the laws of the State of Washington; Ordinance No. , Page 14 (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; (c) Automobile liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death and property damage; and (d) Employers liability insurance in an amount not less than $1,000,000. 22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; and (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. Ordinance No. ., Page 15 Section 23. Bond Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of ten (10) years, from the time of work, against settlement or repair. Before commencing work within the City, the Franchisee shall post a bond (in the form attached hereto and made part hereof as Exhibit "B") in the amount of 120% of the value of work to be performed in connection with the Facilities to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits required by Section 7, with the standard of performance as referenced in Section 8, and with any provisions of this Franchise. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required by Section 7, the City may perform the work and be reimbursed as provided in Section 11 above, and may have recourse to the bond in addition to or in lieu of the remedies provided in Section 11, at the City's sole discretion. Franchisee shall be entitled to return of the bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise, provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. In lieu of the bond required herein, Franchisee, before commencing work within the City, may elect to post a cash security fund (in a form acceptable to the City) or an Assignment of Funds (in the form attached hereto and made part hereof as Exhibit "C") in an amount as provided in and to satisfy the requirements of this Section 23, the other Sections referenced in this Section 23 and the provisions of this Franchise. The City shall have recourse to the cash security fund or Assigmnent of Funds in the same manner and on the same basis as it would otherwise have recourse to the bond as provided in this Section 23, unless otherwise Ordinance No. ., Page 16 provided in the cash security fund or Assignment of Funds ifa cash security fund or an Assignment of Funds is provided by Franchisee. Section 24. General Provisions 24.1 Entire Agreement. This Franchise contains all of the agreements of the City and Franchisee with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both City and Franchisee. 24.3 Assignment. In addition to the requirements of Subsection 2.1, a Franchisee shall not have the right to transfer or assign, in whole or in part this Franchise without the prior written consent of the City, which will not be unreasonably withheld or delayed. Any transferee or assignee shall, within thirty (30) days of the date of any approved transfer or assignment, file written notice of the transfer or assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, (i) Franchisee may assign or transfer this Franchise to a parent, subsidiary or affiliated entity (any entity who owns or controls, is owned or controlled by, or is under common ownership or control, with Franchisee), provided that the assignee or transferee must have comparable financial strength as Franchisee or sufficient financial strength as deemed reasonably necessary by the City, and must agree in writing to comply with all of the provisions of the Franchise including resolution of any noncompliance issues; and (ii) Franchisee shall have the right, without such notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. Ordinance No. ., Page 17 24.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 24.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the fight to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 Authority. Each individual or entity executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual or entity is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City, respectively. 24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: VoiceStream PCS m Corporation Attn: Legal Department 12920 Southeast 38th Street Bellevue, WA 98006 City: City of Federal Way Attn: City Attorney 33530 1st Way South P.O. Box 9718 Federal Way, WA 98063 Ordinance No. , Page 18 With a copy to: VoiceStream PCS m Corporation Attn: Legal Department 19807 Northcreek Parkway North Bothell, WA 98011 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 24.9 Captions. The respective captions of the sections and subsections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative With all other remedies available to the City at law, in equity or by statute. Section 25. Severabilitg If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not validity or constitutionality of any other section, sentence, clause or phrase of this affect the Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Ordinance No. , Page 19 PASSED by the City Council of the City of Federal Way this 2003. day of CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ACCEPTANCE: Ordinance No. , Page 20 ACCEPTANCE The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of ,2003. VOICESTREAM PCS III CORPORATION By: Its: K:\Telecom~Franchise Ordinance No. ., Page 21 EXHIBIT "A" [Exhibit A will be a comPlete set of 11 x 17 Construction Drawings for the site.] Ordinance No. ., Page 22 EXHIBIT "B" CITY OF FEDERAL WAY PERFORMANCE BOND FOR FRANCHISE AGREEMENT KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ("Principal") and , the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal stun of Dollars and no/100 ($ ) for the payment of which we fmnly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into a Franchise Agreement ("Agreement") with the City dated NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and - volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or fi-om defects appearing or developing in the material or workmanship provided or performed under the Agreement within the period not less than: the term of the Agreement; or two (2) years beyond the completion of final installation or construction by the Principal or two (2) years beyond termination or expiration of the Agreement; whichever is longer, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. Ordinance No. , Page 23 And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the work in connection therewith. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its findings and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs that exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead actiom In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this day of ,20 CORPORATE SEAL OF PRINCIPAL [PRINCIPAL] By: (Name of Person Executing Bond) Its: (Title) (Address) (Phone) Ordinance No. , Page 24 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of , the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, is the of said Corporation, that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary CORPORATE SEAL OF SURETY: Surety By: Attorney-in-Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) APPROVED AS TO FORM: Patricia A. Richardson, City Attorney G:~awForms~PefforrnanceMaintenanceB ond Ordinance No. ., Page 25 EXHIBIT "C" Applicant: Project: Property Address: Permit #: Account Amount: $ Cash Deposit Amount: $ CITY OF FEDERAL WAY ASSIGNMENT OF FUNDS IN LIEU OF BOND THIS ASSIGNMENT ("Assignment") is dated effective this __ day of , 20 The parties ("Parties") to this Assignment are the City of Federal Way, a Washington municipal corporation ("City") and the undersigned owner or applicant ("Assignor"). A. The Assignor is required to perform certain work and/or construct certain improvements including at the above-referenced property address located in Federal Way, Washington ("Property") in connection with Assignor's application under the above-referenced permit number; B. The improvements will be constructed or the work will be performed in accordance with record drawings and approved plans on file with the City of Federal Way ("Plans"); and C. The City has determined that Assignor must post security with the City pursuant to Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Assignor's performance of required maintenance or repair and Assignor's performance of construction of certain work or improvements pursuant to the Plans, as a condition of granting the permit. NOW, THEREFORE, the Parties agree as follows: 1. Amount of Account. Pursuant to Section 22-149 of the FWCC that portion of this Assignment which is in lieu of a performance bond, shall be equal to one hundred and twenty percent (120%) of the cost of the work or improvements and that portion of this Assignment which is in lieu of a maintenance bond, shall be equal to thirty percent (30%) of the cost of the work or improvements. Ordinance No. ., Page 26 2. Assignment. Assignor does hereby assign, transfer and set over unto the City all fight, title and interest in and to the sum of Dollars and No/100 ($. ) on deposit at the har~of ("Bank"), under account No. ("Account"); said Account being in the name of the City, as principal with full power and authority to demand, collect and receive the Account and to give receipt and acquittance for the Account. 3. Improvements. Assignor shall perform all work, improvements and maintenance required pursuant to the Plans, to the City's satisfaction. The maintenance obligation shall continue for two (2) years from the completion date of the improvements, or such longer period as required by the FWCC or other applicable law, rule or regulation. 4. Release. Assignor agrees that the Account will be released to the City, on demand, with no other conditions of release. This Assignment may be terminated with the City's written consent, which consent shall not be granted until the City has determined that (i) all the improvements have been constructed and installed and all work and maintenance performed to its satisfaction, in full compliance with the Plans and all applicable local, state or federal law, and within the time period prescribed by the City, and (ii) Assignor has performed all its obligations under this Assignment. The City may release this Assigmnent as follows: (a) Partial Release. Upon completion of the improvements in compliance with the foregoing provisions, the City will release all but thirty percent (30%) of the cost of the work or improvements covered by this Assignment, which amount is equal to Dollars and No/100 ($ ), by executing ~ and delivering the Partial Release of Assignment attached hereto as Exhibit 1 to Assignor. (b) Full Release. Two (2) years after completion of the improvements and performance of the maintenance in compliance with the foregoing provisions, the City will release the remaining portion °fthe Account, in the amount of Dollars and No/100 ($ ), by executing and delivering the Full Release of Assignment attached hereto as Exhibit 2 to Assignor. 5. Right to Complete Work. The City may, but in no event is it obligated to, perform any of the necessary work in connection with the construction or completion of the improvements or performance of the maintenance required by the Plans. Upon demand, Assignor agrees to pay the City an amount equal to all of the City's costs and expenses in performing such work or the City shall be reimbursed its costs and expenses from the Account at the City's election. Ordinance No. ., Page 27 6. Notice. The Community Development Department of the City shall be given forty- eight (48) hours notice prior to the commencement of any work. 7. Indemnification. Assignor agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Assigmnent, including without limitation, the City's performance of any maintenance or other work or construction of the improvements pursuant to Section 5 herein. 8. Administrative Cash Deposit. In addition to the amount of this Assignment, Assignor agrees to pay a cash deposit to the City, pursuant to Section 22-151 of the FWCC, upon the execution of this Assignment equal to the following percentages of the amount of the Account: Amount of Account Amount of Cash Deposit Up to $20,000 $20,001- $50,000 $50,001- $100,000 $100,001andup 5% of Account (minimum $100) 4% of Account 3% of Account 2-1/2% of Account The cash deposit may be used by the City to cover its actual expenses in administering this Assignment and, if necessary, collecting and using the proceeds from the Account. 9. Remedies Cumulative. No remedy provided for by this Assignment shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Assignor agrees that its liability under this Assignment is not limited to the amount of the Account. 10. License. Assignor shall record a license in the form attached hereto as Exhibit 3 and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Assignment and at Assignor's cost. 11. General Provisions. This Assignment may not be amended except by written agreement signed by the Parties. Any provision of this Assignment which is declared invalid, shall not invalidate the remaining provisions. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Assignment may not be assigned by either Party without the other Party's written consent. This Assignment shall be binding upon and inure to the benefit of the Parties' successors in interest. In the event of any dispute between the Parties regarding this Assignment, each Party shall pay its own attorney fees and costs. Ordinance No. ., Page 28 Each person executing this Assignment represents that he or she is authorized to execute this Assigmnent on behalf of their respective entity. Time is of the essence. NAME OF APPLICANT By: (Signature) Its: (Title) (Address) (Phone) [Individual Notary] STATE OF WASHINGTON COUNTY OF KING On this day personally appeared before me, , to me known to be the individual(s) described in and who executed the foregoing Assignment of Funds in Lieu of Bond, and on oath swore that he/she/they executed the foregoing .instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this of 20 (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires Ordinance No. , Page 29 [Corporate Notary] STATE OF WASHINGTON COUNTY OF KING On this day personally appeared before me ., to me known to be the of , the corporation that executed the foregoing Assignment of Funds in Lieu of Bond, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this of ., 20__ (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires APPROVED AS TO FORM CITY OF FEDERAL WAY Patricia A. Richardson, City Attorney G:~FORM SL~S S IGNOF.FUN Rev. 12/02 BANK ACCEPTANCE The undersigned financial institution ("Bank") hereby accepts that certain Assignment of Funds in Lieu of Bond provided to the City of Federal Way ("City") by ("Assignor") dated providing for Assignor's assignment to the City of all right, title and interest in and to the sum of Dollars and no/100 ($ ) on deposit at the branch, under account no. ("Account"), paymem of which shall be made upon demand by the City with no other conditions of release of the Account. The Bank agrees to hold the Account, without deduCtion or withdrawal, until it receives a written release of this Assignment from the City. The Bank acknowledges that it has no duty to evaluate any dispute which may exist between the City and Assignor regarding the Account and shall not interplead or in any manner delay payment of the Account to the City, upon its demand. The Bank hereby agrees to bind itself, and its heirs, executors, administrators and assigns, jointly and severally. BANK By: Its: (Signature) ' (Nme) (Title) (Address) (Phone) Ordinance No. , Page 30 STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) [BANK NOTARY] On this day personally appeared before me , to me known to be the of , the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. 2O GIVEN my hand and official seal hereto affixed this __ day of (notary signature) (typed or printed name of notary) Notary Public in and for the State of Washington. My commission expires Ordin.nce No. , Page 31 EXHIBIT 1 PARTIAL RELEASE OF ASSIGNMENT The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of Funds in Lieu of Bond ("Assignment") provided to the City of Federal Way ("City") by ("Assignor") dated for (Project Name and Permit #) have been satisfied and hereby authorizes the release of an amount equal to Dollars and no/100 ($ ) from account number ("Account") in Bank. The remaining funds equaling thirty percent (30%) of the cost of the work or improvements shall be held by the Bank in the Account pursuant to the terms of the Assignment for a period of two (2) years as security for Assignor's performance of all maintenance for the project described therein and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of ,20 CITY OF FEDERAL WAY By: David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063-9718 EXHIBIT 2 FULL RELEASE OF ASSIGNMENT/LICENSE Pursuant to the terms and conditions of that certain Assignment of Funds in Lieu of Bond ("Assignment") provided to the City of Federal Way ("City") by , ("Assignor"), dated for (Project Name and Permit #), the City hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Assignment have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of Dollars and No/100 ($ ) from account number in Bank. The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain License Agreement recorded under King County Recording No. ("License Agreement") and acknowledges that all obligations and rights contained in the License Agreement are hereby terminated. DATED this __. day of ., 20__. CITY OF FEDERAL WAY By: David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063-9718 EXHIBIT 3 Return Address: City of Federal Way Attn: Law Dept. P. O. Box 9718 Federal Way, WA 98063-9718 Grantor (s):. LICENSE Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated):. Additional Legal(s) on Exhibit A Easement Legal Description (abbreviated):. Additional Legal(s) on Exhibit B Assessor's Tax Parcel ID#(s): The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: [Insert Legal Description here or state: Legal description attached hereto as Exhibit "A" and incorporated herein by this reference] ("Property") hereby grants an irrevocable licens~ to the City of Federal Way ("City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Assignment of Funds in Lieu of Bond of even date entered into between the City and the undersigned and incorporated herein by this reference. DATED this day of ., 20__ (Name of Property Owner) (Signature) [Individual Notary] STATE OF WASHINGTON COUNTY OF KING [Corporate Notary] STATE OF WASHINGTON COUNTY OF KING On this day personally appeared before me, , to me known to be the individual(s) described in and who executed the foregoing Assignment of Funds in Lieu of Bond, and on oath swore that he/she/they executed the foregoing instrument as his/her/their flee and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this of 20 On this day personally appeared before me , to me known to be the of , the corporation that executed the foregoing Assignment of Funds in Lieu of Bond, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires GIVEN my hand and official seal this of ., 20 (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires G:/forms/assigno ffund CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Resolution Amending Individual Petty Cash Fund Limits CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Resolution SUMMARY/BACKGROUND: Petty cash funds were authorized in 1990 by the City Council (Resolution #90-13) with individual petty cash funds not to exceed $500. Due to an increased use of petty cash for items such as travel reimbursements and King County recording fees, the petty cash funds have needed to be replenished with increasing frequency. fY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC recommends increasing petty cash fund limits to $1,000 to maintain efficiencies and reduce the frequency of processing checks to replenish petty cash. PROPOSED MOTION: "I move approval of the resolution amending individual petty cash fund limits from $500 to $1,000." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: June 17, 2003 Finance, Econo~ni_c ?~ev#opment and Regional Affairs Committee David H. Moxeq~¥3~t~¥anager Michael L. Ols6~, Deputy Director of Management Services,~Q_~ Amending individual petty cash fund limits. BACKGROUND: Petty cash funds were authorized by City Council on January 23, 1990 by resolution 90-13 with individual petty cash funds not to exceed the stun of $500. Current policy limits petty cash purchases to $50. The frequency of replenishing certain petty cash funds has increased in the past year due to the increased use of petty cash for items such as travel reimbursements under $50 and recording fees to King County under $50 which are now paid through petty cash. Staff is requesting that the petty cash fund limits be increased to $1,000 to maintain the efficiencies gained through the use of petty cash, and reduce the frequency of processing checks to replenish petty cash. This will provide finance the authority to increase certain petty cash funds as needed. COMMITI'EE ACTION: Forward to full Council the proposed resolution amending individual petty cash fimd limits for approval at the July 15, 2003 Council Meeting. - 1~ Commin~.?h'.ffr ' ~Com~ittee Member ~mber i:~forms'ffedractemplate.doc RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING INDIVIDUAL PETTY CASH FUND LIMITS. (AMENDING RESOLUTION NO. 0q3). WHEREAS, petty cash funds were authorized by City Council on January 23, 1990; and WHEREAS, the City Council wishes to amend the authorization of petty cash funds, section 2, relating to limits of individual petty cash funds; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Amendment. The authorization of petty cash fund limits shall be amended to read; Such individual petty cash fund shall not exceed the sum of $1,000, with expenditures from each such fund to be separately accounted for in accordance with recommended procedures of the State Auditor's office. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Res. # , Page 1 Section 6. Effective Date. This resolution shall be effective inunediately upon passage by the Federal Way City Council. RESOLVED BY WASHINGTON this THE CITY COUNCIL OF THE CITY day of ,2003. OF FEDERAL WAY, CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Revised: 6/11/03 Res. # , Page 2 MEETING DATE: July 15, 2003 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT.. Proposed 2004 - 2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) Presentation and Resolution for Adoption of the Proposed 2004 - 2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) 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 July 7, 2003, Resolution and Draft TIP Packet SUMMARY/BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to pt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. These p,ans identify capital projects that the City intends to construct over the next six years. Projects are required to be listed in the T~ in order to be eligible for grant funding. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the July 15, 2003 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached resolution would adopt the 2004-2009 TIP and ASIP. CITY COUNCIL COMMITTEE RECOMMENDATION: At the July 7, 2003 meeting, the Land Use/Transportation Committee made the following recommendation: Approval of the attached resolution adopting the 2004-2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) at a Public Hearing to be held July 15, 2003. PROPOSED MOTION: "I move approval of the resolution and adopting the 2004-2009 Transportation Improvement Plan and Arterial Street Improvement Plan." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances onty) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 leral Way DATE: TO: FROM: VIA: SUBJECT: July 7, 2003 Eric Faison, Chair Land Use/Transportation Committee Maryanne Zukowski, P.E. David H' .~I~ . anager Proposed 200 ~- 2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) Presentation and Resolution for Adoption of the Proposed 2004 - 2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) BACKGROUND In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. Projects are required to be listed in the TIP in order to be eligible for grant funding. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the July 15, 2003 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached resolution would adopt the 2004-2009 TIP and ASIP. REVISED PLAN Attached are the proposed 2004-2009 TIP and ASIP (Exhibit A), and a location map. The six-year TIP and ASH? respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan TP81, which reads, "Prioritize transportation projects considering concurrency, safety, support for non-SOV modes, environmental impacts, and cost effectiveness." The scoring criteria as established for Transportation TIP/CIP Prioritization ranked each project. Staff also reviewed and analyzed available grant eligible programs suitable for project programming. The proposed plan does not significantly differ from the previous year's plan. Three projects are reflected to be in progress, it is proposed that two projects be deleted because they have been cor0pleted, one project is modified, and that four new projects be added to the six-year TH? and ASH?. Projects in progress include the following: · SR-99 HOV Lanes Phase II, adding HOV lanes, raised medians, sidewalks, curbs, gutters, illumination, underground utilities, landscaping, and left turn lanes on S 324th Street. k:~lutcL2003\0701 tip asip 2004-2009.doc Page I of 3 S 288th Street at SR-99, adding left-mm lanes for eastbound and westbound at SR-99 and 18th Avenue S, interconnects signals on Military Road South. "I-5 to City Center Access Study", previously titled S 312th Street at I-5 Design Study. This project is a design study to recommend improvements for a preferred solution to the interchange at S 320th Street at I-5 reaching capacity. Completed Projects Projects completed include the following: · SR-99 HOV Lanes Phase I, adding HOV lanes, raised medians, sidewalks, curbs, gutters, illumination, underground utilities, and landscaping. · S 312th Street at 8th Avenue S adds a new signal at this intersection and interconnect to SR-99. Modified Project · S 320th Street at I-5, The previous project scope adds a second left-mm lane and a third right-mm lane on the southbound off-ramp. The scope is increased to add the widening of S 320th Street across I-5 to seven lanes. Proposed New Projects The proposed new projects include the following: Westway Street Lighting: This project secured a Community Development Block Grant (CDBG), and installs up to 32 new streetlights in the Westway neighborhood to address a crime prevention program in partnership with the City's Public Safety Team. S 352nd Street Extension from SR-99 to SR-161: This project (currently contained in the Capital Facilities Program in the Comprehensive Plan) addresses a concurrency issue and level of service deficiencies. The project will add a new signal at SR-99 and extend the 3 lane principal collector. SW 320th Street SW at 21st Avenue SW: This project (currently contained in the Capital Facilities Program in the Comprehensive Plan as two separate projects) addresses a concurrency issue, level of service deficiencies, and addresses current safety issues. The combined project adds a second westbound left mm lane and interconnects the signal at 26th Avenue SW. S 320th Street; 1st Avenue to 8th Avenue S: This project (currently contained in the Capital Facilities Program in the Comprehensive Plan) addresses a concurrency issue, level of service deficiencies, and safety issues. The project adds HOV lanes and installs raised access medians. The project is an extension of the HOV corridor and promotes the decrease in SOV. k:~lutcX2003\0701 tip asip 2004-2009.doc Page 2 of 3 Minor Modifications The schedule of the program dates of implementation have moved due to funding availability. RECOMMENDATION Staff requests the Land Use/Transportation Committee recommend approval of the attached resolution adopting the 2004-2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) at a Public Hearing to be held July 15, 2003. MZ:ss CC: Project File Day File k:qutcL2003\0701 tip asip 2004-2009.doc Page 3 of 3 CITY OF FEDERALWA¥ CO~,IPI~EHENSIVE PLAN . .~ '. ... . .. :::.. ! j ~ . ~ ~ - ~ ' . ..:..4g~.:- - .... ~ ;.:i.~.. -.:~'~.:/ , ' ~ ~x~qT~~ IMPROVEMenT · . ': ' -': - '- "i'-e .... ': .. ' :' ' '.~'.' ' :~'~ ~ ~1 ' / /_ -....... .~,~,,~.~b~..,;~;:.:., '..--.:,;?~...~.?~?~, ,~ ~ .~ $. L - L ~ ~', -;* :~,', .... ~'=~,~; ';~ ~.'~::..;.,~t *x ' ~.~.a~ ...... '.'a2v- ' ,~&.~i-,~.~,'. .... ...,~,~.,~..- .... ,.-~,~,,,~.~,.~.,.,~.~.:,.. ,~,~.. ~ ~ ]!. i.,k.,I ~,~..,:..., .... ..?,.,...,., ~, ,,,..,..,,. ..... ;~:. . :, ~.~,~.. ,; ..,,...,,~.....,,~;..~,~.,., ._.- ~., 3 .... .... ~ ~,~ ..... .......2 . , [ I ~,~,~.. ~ ~ .~y~:.~,~ ,-~--.~..,.-' ,~ ~.~.....?-... ,,...~ . ..7. ~ .... , ..... . ., . . ~ ~11~ ~ ,~..,, ~..,... ..~k ~& I- ,.- ~.N I '.~d~ .,~ ,' ~ ' u , ProJ~ ~".?~'~ ' ' ~, ~'~.L ~ ~ -~ ' ~ ~ ?Jim'S-. ~'>~.~ / ~'.. ~ , ~_ , , RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AN EXTENDED AND REVISED TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN FOR 2004-2009, AND DIRECTING THE SAME TO BE FILED WITH THE WASHINGTON STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. (AMENDS RESOLUTION 91-67, 92-117, 93-155, 94-186, 95-210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, and 02-365). WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated its Transportation Improvement Program ("Program") on October 19, 1993, by its passage of Resolution No. 93-155; and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 4, 1994 (Resolution No. 94-186); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 1995 (Resolution No. 95-210); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 16, 1996 (Resolution No. 96-236); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 1, 1997 (Resolution No., 97-258); and RES # , PAGE 1 WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 7, 1998 (Resolution No., 98-273); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 1, 1999 (Resolution No., 99-299); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 20, 2000 (Resolution No., 00-316); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 17, 2001 (Resolution No., 01-343); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 18, 2002 (Resolution No., 02-365); and WHEREAS, the City Council of the City of Federal Way has reviewed the work accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and WHEREAS, a public heating was held on the revised Transportation Improvement Program on July 15, 2003, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation Improvemem Program and an Arterial Street Improvement Plan for the ensuing six calendar years; and RES # , PAGE 2 WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually revise and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEPA Responsible Official has adopted the DNS in Federal Way File No. 03-101942-00-SE issued for the City' s 2004 - 2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) which includes the extended and revised projects contained in the TIP adopted herein; and WHEREAS, adoption of the City's 2004-2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) adopted herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6) calendar years (2004-2009 inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements and the estimated costs thereof, is hereby approved and adopted. Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibit A, with the Washington State Secretary of Transportation and a copy with the Washington State Transportation RES # , PAGE 3 Improvement Board. Section 3. Severability. If any section, sentence, clause or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the Resolution is hereby ratified and affirmed. Section 5. Effective Date. the Federal Way City Council. RESOLVED BY THE WASHINGTON, this __ This Resolution shall be effective immediately upon passage by CITY day of COUNCIL OF THE CITY OF ,2003. CITY OF FEDERAL WAY FEDERAL WAY, 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: RESOLUTION NO. k:\traffic\tip_cipX2004kresolution for 2004-2009 tip, 2003.doc RES # , PAGE 4 EXHIBIT A -TRANSPORTATION IMPROVEMENT PLAN (TIP) - 2004 TO 2009 Map CAPITAL PROJECTS Year 2003 Costs in $ thousands ID** Location Description Previous Years 2003 2004 200~, 2006 2007 2008 2009 Total S 336th St @ Weyerhaeuser Way Construct a roundabout 13 153 955 ' ' S 288th St @ SR 99 Add left turn lanes on S 288th St @ SR 99 and 18th Ave S. Interconnect to Military Road : 2,4~)9 "- 300 . ·. ~.: . I S 31:2th St @ I-5 "1-5 to City Center Access Study" Design Study to construct new interchange, extend 312th St from 28th Ave S to Military Rd S '? - -' 25-~- 250 ~ ?~.'; :.~ , 2 SR 99: HOV Lanes Phase 2 @ S 324th St - S 340th St Add HOV lanes, left-rum lanes on 324th, 2nd NB left-turn lane @ 336th, install raised median - - 3,859 .·-'. 843 10,993 500 · ::1, · 3 S 312th St @ 14th Ave S Install signal ' , . ' ' 31-' ' 150 - 4 SR 99:HOV Lanes Phase 3 @ S 2ENth St - SR 509 Add HOV lanes, 2nd SB left-rum lane @ 288th, install raised median, signal @ SR 509 ¢~ .Rodondo Wy S with interconnect to 11th PI S 3,341 .-. 1,762 . 9,800 ' -' 1; 6 S 348th St: 9th Ave S - SR 99 Add HOV lanes, 2nd NB left-turn lane on SR 99, install raised median, underground utih:~es ........ 650 ~"'.~t~' ~;~ 800 ~,;~, ,,~-2,900 ,. 9 S 336th St: 18th Ave S - 1-5 Widen to 3 lanes, bike lanes, sidewalks, street lights, SB left-rum lane and signal @ 27,..t~! .. . .__ " ... 200 500 500 10 S 320th St @ 1st Ave S Add 2nd NB, WB left-turn lanes, WB right-turn lanes, widen 1st Ave S to 5 lanes to 316th 750 2,010 11 S 356th St: 1st Ave S - SR 99 Widen to 5 lanes, bike lanes, sidewalks, illumination '-~ ....... 5,500 3,405 12 S 320th St: 8th Ave S - SR 99 Add HOV lanes, install raised median, underground utilities, illumination .], ............. 619 1,000 4,572 13 S 348th St @ 1st Ave S Add WB, SB right-turn lanes, 2nd EB, WB left-turn lanes I 3,.';0 200 1,240 14 S 336th St @ 1st Wy S Add WB dght-tum lane, signal modifications, extend SB left-turn lane [" 60 360 15 10th Ave SW / SW 344th St: SW Campus Dr - 21st Ave ,~ Extend 3-lane collectors, sidewalks, street lights ·] 1,000 500 5,200 , 16 1st Ave S: S 320th St - S 330th St Install raised median, improve access at 328th 1,728 17 S 320th St @ 20th Ave S Add 2nd left-turn lanes EB, WB I 200 250 908 18 21st Ave SW: SW 356th St - 22nd Ave SW Extend 2-lane collector, signal modifications i 750 19 SR 99: HOV Lanes Phase 4 SR 509 - S 312th St Add HOV lanes, install raised median --~ ~ 1,000 1,260 5,170 5,170 lz,~uu 20 SR 18 @ SR 161 Add EB, WB right-turn lanes, 3rd WB left-turn lane, add 3rd lane on SR 161 SB to 352nd i .... 3,335 3,335 21 S336thSt@9thAveS I Signalmodifications] 2 98 100 23 SW 312th St: 1st Ave S - SR 509 Widen to 3 lanes, bike lanes, sidewalks, street lights = 1,000 5000 · 6,000 24 S 344th St: SR 99 - 16th Ave S Add two-way left-turn lane, signals at SR 99 and 16th Ave S . !_ 1,152 1,152 25 S 320th St @ I-5 Add 2nd left-turn lane, 3rd right-turn lane on SB off-ramp, widen S 320th St undercrossing to 7 lanes· j 1,176 4,104 5,280 26 S 356th St: SR 99 - SR 161 Widen to 5 lanes, bike lanes, sidewalks, illumination I 5,472 5,472 27 S 304th St @ 28th Ave S Add NB right-turn lane, signal I ....... 360 360 28 S 352nd St: SR-99 - SR161 Extend 3 lane principal collector and signal at SR-99 .... 29 SW 320th @ 21st Ave SW Interconnect to 26th Ave SW with the addition of a 2nd WB left-turn lane "--~ ........ 30 S 320th St: 1st Ave S - 8th Ave S Add HOV lanes, install raised median Design phase ' i ...... < ';.. ,'.~1,035 ':. ':. -- ¢1,035 Subtotal Capital Projects I 3,8721 3,7231 22,734 1 12,27,~ I 'm,200I 16,873I ~8,330I 15,975I 112,9Sl Map NON-MOTORIZED CAPITAL PROJECTS Year 2003 Costs in $ thousands ID Location Description Previous Years 2003 2004 2005 2006 2007 2008 2009 Total 5 Westway Neighborhood Add Crime Prevention Street Lights through out the Neighborhood of Westway ~' · 182 ?·~, ~'~,,182 8 S 314th St: 20th Ave S - 23rd Ave S Install sidewalks, ADA ramps, curbs & gutter, pedestrian improvements , 20 160 160 ~%,~ !-,':·~,~:~' 340 22 1st Ave S: S 292nd St- S 312th St Shoulder improvements ~ 130 523 ;:-, ·, · 653 Subtotal Non-Motorized Capital Projects I ol ol 20i 290t 6831 ol ol ol 1,175 I TOTAL CAPITAL PROJECT COSTS I 3,872t 3,7231 22,754J 12,5641 19,8831 16,8731 18,3301 '15,9751 114,156 I Map ID number as shown matches the WSDOT form for the 2004-2009 TIP as priority ranked * Shown as moved to 2004 **Shown for substantial completion in 2003 draft TIP04.xls 07/15/2003 MEE~HNG DATE: July 15, 2003 ITEM// CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Community Center CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Advisory Group Site Assessment for Celebration Park, Steel Lake Park Annex and Reliance Property, CommUnity Center Public Meeting Schedule, Rating Criteria Matrix, Community Center "fit test" schematics of Celebration Park, Steel Lake Park and Reliance Property. SUMMARY/BACKGROUND: City Council approved the planning process for a Community Center, Senior Center, and Pool facility as part of the citys 2003/2004 Capital Facilities Budget. City Council approved the Community Center Work Program and Timeline on March 18, 2003. Council directed staff to gather public input and develop a plan for a nmunity center, senior center and pool that will meet three objectives: 1) a facility that will provide a place for a 4, cerse multi-generational recreation and cultural activities, i.e., fitness, classes and gatherings, 2) a pool facility that will meet the need for learn-to-swim programs, competitive swimming programs, swim for fitness and recreation swim activities and 3) a facility that will serve our community's senior health, recreation and social needs. Council appointed a 20 member citizen advisory group to recommend a preferred site and program elements for the community center. The advisory group have held 5 meetings to date. One of the primary tasks of the Advisory Group is to recommend a preferred site to locate the community center and to identify from public input and data known from current users of the citys recreation programs, the type of program elements to recommend for the center. The site selection process included evaluating City owned park properties and property's considered in the Municipal Facilities Study. A criteria matrix was developed to evaluate each site. Minimum threshold for a site to be considered, must contain a minimum of 5 acres of developable land. Sites that would require property acquisition were eliminated that cost more than $1.8 million. Other weighted factors included in the evaluation are: site features, infrastructure costs and availability of utilities, public acceptance of the site, partnership potential and access to public transit are examples of the criteria elements. At the June 17, study session the City Council narrowed the site selection to three sites: Celebration Park, Reliance Property and Steel Lake Annex. The Advisory Group on June 30th completed their review of the site information and program elements. The Advisory Group voted to recommend Celebration Park and the Reliance Property as the two sites for City Council to consider as the location for the Community Center, with Celebration Park as their number one preference. The Advisory Group also came to a census of program elements to consider. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: "I move approval of as the site for the new commmunity center and if further site anyalsis proves the preferred site is not able to support the community center then site will be the alternate site. I also move approval to direct the consultant team of Barker, Rinker Seacat Architecture to develop budget and program element options for the City Council to review on August 5th at a Council Study Session. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ADVISORY GROUP SITE ASSESSMENT Federal Way Advisory Group July 1, 2003 CELEBRATION PARK OPPORTUNITIES · Adjacent Fields & Uses · More $ To Building · Park Setting · Operational Savings · Additional Parking for Festivals · Enhance City Identity · Heart of City · Compliment Uses · Less Confining Vehicle Traffic to West · Traffic/Hang-Out Potential? · True to Mission - Heart of Federal Way · Saving Due to Indoor/Outdoor Uses · Compatible Use · Possible Revenue/Opps. Drop-In Users · Cross Program Opps. · Sponsorships · Central H.S. Access · Best Flow & Expansion · BPA Trail Adjacency CHALLENGES · Connection to Park Fields & Parking · Possible Short Cut · Expansion · Service ADVISORY GROUP SITE ASSESSMENT Federal Way AdvisorY Group July 1, 2003. STEEL LAKE OPPORTUNITIES · Close to Downtown & Mall · Bus Access · Business Development Benefit CHALLENGES · Perceived difficult access · Less Central Location . · Less Walk-In Revenue · Location Less Senior Friendly · Perceived safety & vandalism issues · Impact on Neighborhoods · Impact to unique asset ADVISORY GROUP SITE ASSESSMENT Federal Way Advisory Group July 1, 2003 RELIANCE SITE OPPORTUNITIES · Better Business Participation/Closeness · Good Access · Close to City Hall · Easily Found/Good Visibility · Parking Configuration Good/No Disruption · Close to Multi.Service Center · Understandable Street/Traffic Issues · Access to Business Park · Safety · Bus Access · Business Development Benefit · Easy Access to Celebration Park CHALLENGES · Multiple Owners · Less Central Location · Cost · "Heart" In a Business Park · Takes Private Property Off Tax Rules · Less Expansion Capability · Urban Location · Traffic Noise Impact · Less Walk-In Revenue · Less Community Feeling · Location Less Senior Friendly · Cramped Site Fit Community Center Public Meeting Schedule Citizen Advisory Group Mecting Schedule All meetings are open to the public. Meetings begin at 4:00 p.m. (Meetings open to the public) March 26 April 30 May 21 June 18 June 30 September 17 City Hall City Hall City Hall King County Regional Library City Hall Federal Way 320th Library City Council Special Study Sessions - Community Center Meetings begin at 5:00 p.m. (Meetings open to thc public) April 29 City Hall June 17 City Hall July 1 City Hall July 15 City Hall August 5 City Hall Focus Groups - Seniors, Teens, Aquatics and Community Recreation (Meetings open to the public) April 29 June 17 Saghalie Junior High Dumas Bay Center Public Open House - Community Center May 20 June 18 September 18 Community Center Design Workshop King County Regional Library King County Regional Library 7:00 p.m. City of Federal Way Community Center Study Site Evaluation iv April 29, 2003 Revised: July 1, 2003 Rating Criteria Celebration Steel Lake Reliance Steel Lake French Lake Celebration Plaza Patten "Safeway School Bus Park Park - South Site Park - North Park "Dunn" Fred Meyer" Garage Buildable Site Area 8+ 6+ 5.7 9+ 8+ 3.5 16.3 9.8 SiteCost City-Owned City-Owned $ 1,840,000 City-Owned $ 400,000 $ 1,700,000 $ 4,000,000 $ 5,684,800 Off-Site Costs $ 687,600 $ 786,900 $ 96,450 $ 356,000 $ 76,000 On-Site Development Costs $ 1,997,750 $ 1,659,000 $ 2,004,750 $ 1,747,000 $ 1,548,000 Other sites were eliminated from further consideration, Total Site Costs $ 2,685,350 $ 2,445,900! $ 3,941,200 $ 2,103,000 $ 2,024,000 either due to a purchase prices of greater than $1.8M (the next lowest price site was almost $4M in 2000), or See attached cdteria IMPORTANCE size less than 5 acres. description for each rating scale VALUE ~teel Lake North and French Lake were 1 =low 13=high Rating Total Rating Total Rating Total removed from further consideration by Rating Total Rating Total Rating Total Total Value = Importance Value x Rating Scale Weighting Scale Value Scale Value Scale Value City Council at their June 18 Study Session: scale Value Scale Value Scale Value I. Site Features ~ a. Topography I 2 2 2 2 2 2 3 3 2 2 b. Wetlands I 2 2 I I 3 3 2 2 3 3 c. Vegetation I ~- I I I I I I 2 2 , I 1 d. Developable Area 2 2 4 2 4 2 4 I 2 I 2 e. Visible Soils / Geology 1 2 2 2 2 2 2 2 2 2 2 g. Visib#ity/Presence I I I I I 2 2 2 .2 1 1 h. Safety/Security I 2 2 I 1 2 2 1 I 2 2 Subtotal 14 16 11 13 15 17 14 15 12 13 · Infrastructure/Services a. Vehicular Access I 3 3 3 3 3 3 3 3 3 3 b. Sanitary Sewer and Water Service I 3 3 3 3 3 3 3 3 3 3 c. Electrical/Telephone/Data Service I 3 3 3 3 3 3 I I 3 3 d. Gas Service I 1 I 2 2 3 3 3 3 3 3 e. Access to Public Transit I 2 2 2 2 2 2 I I 3 3 Subtotal 12 12 13 13 t4 14 11 11 15 15 III. Anticipated Cost a. Site Preparation/Development Costs 2 I 2 I 2 I 2 I 2 I 2 b. Offsite Development Costs 2 I 2 1 2 2 4 I 2 I 2 · c. Land Acquisition Costs 3 3 9 3 9 I 3 3 9 2 6 d. Timing & Phasing of Adjacent Development 1 I I I I I I I I 1 1 e. Hazardous Materials I 2 2 2 2 2 2 2 2 2 2 Subtotal 8 16 8 16 7 12 8 16 7 13 IV. Community Planning Issues a. Community Growth Patterns 1 2 2 I I 2 2 1 I 2 2 b. Distance from "Downtown Core" I 2 2 3 3 2 2 3 3 2 2 c. Adjacent Cultural Amenities I 3 3 3 3 2 2 3 3 0 0 d. Pedestrian Access 1 I I I 1 I 1 1 .~ I 1 1 e Public Acceptance of Site 2 2 4 1 2 I 2 I 2 I 2 f. Partnership Potential 1 2 2 1 I I 1 1 1 0 0 g. Potential for Revenue Generation 1 2 2 1 I 2 2 1 I 0 0 t. Community Center and Adjacent Land Use 1 2 2 I 1 I I I I 1 1 Subtotal 16 18 12 13 12 13 12 13 7 8 I I ISITE SCORE 50 62 44 55 48 56 45 55 41 49 20309 - Site Selection Cdteda 0701 .xls 7/1/2003 City of Federal Way Community Center Study Workshop 4 Workbook June 30, 2003 Celebration Park Opportunities · City-owned site · Adjacent to active recreation · Supports concept of Civic Campus · Potential views to Mt. Rainier · Good indoor/outdoor connection Challenges · Existing Wetlands · 333rd Street extension required · Steep grades at park road connection · Buildable area remote from existing fields and parking · Second access for fire entry difficult north Scale: 1'=100'-0'' BARKER RINKER SEACAT '~ARCHITECTURE In association with Arai/ Jackson MI City of Federal Way Community Center Study Workshop 4 Workbook June 30, 2003 Steel Lake Annex Opportunities · City-owned site · Adjacent to active recreation Challenges · Requires over 1000 feet of frontage improvements · 60 existing parking stalls will be displaced · Parking overflow from Steel Lake Park in warm weather . · Wetland at west side of site north Scale: 1"=100'-0" BARKER RINKER SEACAT ]'ARCHITECTURE In association with Arai/ Jackson and GreenPlay City of Federal Way Community Center Study Workshop 4 Workbook June 30, 2003 Reliance Opportunities · Street frontage improvements not required · Potential shared parking agreement with adjacent development · Prominent location/visibility · Great emergency access Challenges · Privately owned · Multiple owners to complete block · Need to displace existing parking for best development potential north Scale: 1"=100'-0~ BARKER RINKER SEACAT [ARCHITECTURE In association with Ara~/ Jackson and