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Council PKT 02-02-1999 Special/RegularCI T Y C 0 UNCIL MEE TING AGENDA FEBRUARY 2, 1999 COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Jack Dovey Mary Gates Linda Kochmar Michael Park Phil Watkins City Manager Kenneth E. Nyberg ,AGENDA FEDERAL WAY-CITY COUNCIL Council Chambers - City Hall February 2, 1999 (www. ci.federal-way, wa. us) SPECIAl. MEETING - 4:30 p.m. CALL MEETING TO ORDER II. HUMAN SERVICES COMMISSION INTERVIEWS III. ADJOURNMENT REGULAR MEET~G - 7:00 p.m. CALL MEETING TO ORDER II. III. IV. PLEDGE OF ALLEGIANCE PRESENTATION a. SPIRIT Award/Month of January b. Arts Commission Introductions/Certificates CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. over please... CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion; individual itetns may be removed by a Councilmember for separate discussion and subsequent motion.) ao g. h. i. j. k.' 1. m. n. Minutes/J. anua~ 19, 1999 Regular Meeting Voucher/February 2, 19.99 Mont.hly Financial Report/Preliminary for December 1998 Community Development Block Grant (CDBG) Economic Development Set-Aside Insurance Company & Broker Selection 1999 Interlocal Agreement with ACC Janitorial Services Agreement Extension/Dumas Bay Resolution/Heritage Woods Div II Final Plat Approval Resolution/AT&T/TCI Merger 1999 Replacement Reserves 1999 Arts Commission WOrk Plan 1999 Arts Commission Contracts for Services 1999 Capital Strategy Plan Process Arts Commission Replacement VI. PUBLIC HEARING Adult Entertainment Moratorium Review Staff Report Citizen Comment City Council Deliberation Resolution VII. CITY COUNCIL BUSINESS Human Services Commission Appointments VIII. INTRODUCTION ORDINANCES a. Council Bill #213/Rezone for Heritage Woods Div II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REZONING A PORTION OF AN APPROXIMATELY 15 ACRE SITE GENERALLY LOCATED BETWEEN SOUTH 282ND AND SOUTH 284TH STREETS, WEST OF MILITARY ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE-FAMILY RESIDENTIAL (RS 9.6) TO SINGLE-FAMILY RESIDENTIAL (RS 7.2), (REZ92-0003). page 2 bo Coum:il. Bil! F214/_Spechl ~ing ExciSe Tax AN ORDINANCE OF THE ~ COUNCIL OF ,THE CITY OF FEDERAL WAY, WASHINGTON, LEVYING A~~ISE TAX OF ONE PERCENT ON THE SALE OR CHARGE MADE FOR THE FuRNiSHING OF LODGING BY ANY HOTEL, ROOMING HOUSE, TOURIST COURT, MOTEL OR TRAILER CAMP, AND THE GRANTING OF ANY SIMILAR LICENSE TO USE REAL PROPERTY; ESTABLISHING A SPECIAL REVENUE FUND (HOTEL/MOTEL TAX NO. 109) FOR THE TAX; PROVIDING.. PENALTIES FOR NONPAYMENT OF THE TAX OR VIOLATION OF THE REQUIREMENTS OF THE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. CITY MANAGER REPORT CITY COUNCIL REPORTS XI. XII. EXECUTIVE SESSION Pote,nfial Litigation/Pursuant to RCW 42.30.110(1)(i) Property Acquisition/Pursuant to RCW 42.30.1 Review Performance of Public Employees/pursuant to RCW 42.30.110(1)(g) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** page 3 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~ CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of January 19, 1999 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: CITY MANAGER RECOMMENDATION: Approve Official Minutes ~ ~....'.~...~ APPROVED FOR INCLUSION IN COUNCIL d~[/d PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I :\COVERCC-5/14/96 DRAFT FEDERAL WAY CITY COUNCIL Council Chambers - City Hall January 19, 1999 Regular Meeting MINUTES CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:07 PM in the Council Chambers, City Hall, Federal Way, Washington. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Mary Gates, and Linda Kochmar. Councilmembers Jack Dovey and Phil Watkins were excused. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, Assistant City Attorney Pat Richardson, City Clerk Chris Green, and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Pledge of Allegiance. III. PRESENTATION Weyerhaeuser Donation to Public Safety Department Deputy Public Safety Director Tom Chaney presented a plaque to Weyerhaeuser representatives Michael Kerr, and Maura Hines and Lt. Steve Neil thanking them for their collaborative effort in making a $13,000 grant to the Public Safety Department for purchase of bomb disposal equipment. IV. CITIZEN COMMENT Donna Welch - expressed concern for the Arts Commission budget. City Council Regular Meeting January 19, 1999 - Page 2 CONSENT AGENDA Minutes/January 5, 1999 Regular Meeting Council Bill//212/Residential Design Guidelines/Enactment Ordinance SW 340th & Hoyt Rd Final Design/Authority to Bid SW 312th & 14th Ave SW Pedestrian Project/Final Acceptance Planning Commission 1999 Work Plan Local Law Enforcement Block Grant Approval Deputy Mayor Michael Park moved to approve the consent agenda. Councilmember Burbidge second. Mayor Gintz pulled items b and e. Councilmember Burbidge moved to approve consent items a, c, d, and f. Councilmember Gates second. The motion carried 5-0 as follows: Burbidge yes Kochmar yes Gates yes Park yes Gintz yes Consent Item b - Council Bill #212/Residential Design Guidelines: Mayor Gintz asked to amend Section 22-1638-16 to state: Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets, and cascading or steeped roof forms shall be incorporated into all buildings. Councilmember Gates asked for a friendly amendment to insert the word "of" in section 22-1638- 15 line 4. Councilmember Gates moved to approve sections 15 and 16 as amended. Deputy Mayor Park second. The motion carried 5-0 as follows: Burbidge yes Kochmar yes Gates yes Park yes Gintz yes Councilmember Gates moved to approve Council Bill #212/Residential Design Guidelines for adoption. Deputy Mayor Park second. The motion carried 5-0 as follows: Burbidge yes Kochmar yes Gates yes Park yes Gintz yes City Council Regular Meeting January 19, 1999 - Page 3 Consent Item f - Planning Commission Work Plan - Mayor Gintz asked Deputy Community Development Director Kathy McClung if a Junk Vehicle Ordinance would be included in the 1999 Work Plan. Ms. McClung stated a draft ordinance has gone before the Planning Commission and will be coming before the City Council at a later date. Mayor Gintz moved to approve the 1999 Planning Commission Work Plan. Deputy Mayor Park second. The motion carried 5-0 as follows: Burbidge yes Kochmar yes Gates yes Park yes Gintz yes VI. CITY COUNCIL BUSINESS a. Ci_ty Manager Executive Search Councilmember Gates moved discussion of this item be delayed until all seven members of the City Council could be present and moved discussion take place at the up-coming (date to be determined) Council mini-retreat. Councilmember Kochmar second. The motion carried 5-0 as follows: Burbidge yes Kochmar yes Gates yes Park yes Gintz yes b. Arts Commission Appointments Councilmember Gates moved to appoint Joanne Piquette, Jacqueline Peterson, Lorene Fortini, and Jung Ho Klm as full term members of the Arts Commission and moved to appoint Frances Velling as alternate #1, Maria Meneses as alternate #2, and Dwayne Henderson as alternate #3. Councilmember Kochmar second. The motion carried 5-0 as follows: Burbidge yes Kochmar yes Gates yes Park yes Gintz yes City Manager Ken Nyberg asked to add an item to Council Business: Juvenile Accountability Block Grant. Mayor Gintz moved to fold the Juvenile Accountability Block Grant Application into the King County Coalition Grant Application. Councilmember Kochmar second. The motion carried 5-0 as follows: City Council Regular Meeting Jalluary 19, 1999 - Page 4 Burbidge yes Kochmar yes Gates yes Park yes Gintz yes VII. CITY MANAGER REPORT City Manager Kenneth Nyberg announced Community Development Director Greg Moore will leave the City effective January 30, 1999 to go into the private sector, and he has appointed Development Services Manager, Stephen Clifton to the position. Mr. Nyberg also stated Police Lt. Keith Schenkel will be leaving the city at the end of the month to take a position for the State of Pohnpei. VIII. CITY COUNCIL REPORTS Councilmember Burbidge stated she attended the Suburban Cities Association Meeting last week and attended the South King County Transportation Board meeting this morning. Councilmember Gates announced the Finance/Economic Development and Regional Affairs Committee will meet on January 26~h at noon, and updated the audience on Regional Express and transportation issues. Councilmember Kochmar stated she also attended the Suburban Cities Association Meeting last week, and thanked Economic Development Executive Debra Coates for her participation and update at the Economic Development Forecast Breakfast. Councilmember Kochmar also thanked Derek Matheson, Assistant to the City Manager, for his efforts on the Martin Luther King Jr. Celebration on January 18, 1999. Deputy Mayor Park thanked staff for their participation at the MLK Celebration. Mayor Gintz stated that Debra Coates' update at the Economic Development Forecast Breakfast will serve as her quarterly update to the Council. IX. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the meeting at 7:41 PM. Laura Ulanowski, Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Staff Report to Finance/Economic Development/Regional Affairs Committee (FEDRAC). SUMMARY/BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: The Finance/Economic Development/Regional Affairs Committee recommends City Council approve the December 1998 Monthly Financial Report. CITY MANAGER RECOMMENDATION: ...................................................................................................................................................................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k:\finance\council\agdbills\master.wpd CITY IF MEMORANDUM Date: To: From: Subject: January 26, 1999 Finance, Economic Development & Regional Affairs Committee Marie Mosley, Deputy Management Services Director December Monthly Financial Report A(;:tion Reo_uested: Accept the Monthly Financial Report and forward to the February Council meeting for approval. Committee Chair: APPROVAL OF COMMITTEE REPORT Gates~"~jz/ ~ Committee Member: Jeanne Burbi ~ Mary Member: Linda Kochm~' Committee CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ 3,105,979.80 Expenditure Amt: $ 3,105,979.80 Contingency Reqd: ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal! 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This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste, Snow and Ice Removal, Paths & Trail, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. The Summary of Sources and Uses (Attachment A) captures financial activity through December for the years 1994 through 1998. Overall, operating revenues $37,728,515 are above the monthly budget projection of $34,728,842 as of December 1998, and operating expenditures $30,615,059 are also within the anticipated budget expenditures $31,107,252 for the period. The above results in the City's operating funds having a projected increase in fund balance of $3,491,867 as of the end of December, 1998. Of this amount $1,503,261 is related to Utility taxes and REET which are for the payment of debt service. However, we anticipate that departments will still expend some of these savings as we continue to pay invoices we receive in January that relate to 1998. These invoices will be charged against the 1998 budget and revenues will be accrued in the closing period. A final 1998 financial report will be distributed after the first quarter of 1999. The City has collected $37,728,515 or 111.0% of the annual operating budget ($33,998,653) through December. Operating revenues have grown $3,670,509 or 10.8% compared with activity through December 1997 ($34,058,006) due primarily to the addition of a utility tax rate increase which was not effective until March, 1997. The favorable variance is also attributed to Real Estate Excise Taxes (REET) which are continuing to exceed budgetary estimates by $1,166,328 or 106.0%. In addition, fines and forfeitures are exceeding budgetary projections by $152,361 or 23.0%. State-shared revenues are exceeding budgetary estimates by $382,295 or 8.6% Local criminal justice sales tax to date of $1,355,566 is exceeding the estimated revenues ($1,260,667) by $94,899 or 7.5%. City of Federal Way December 1998 Monthly Financial Report Sales tax revenues are exceeding budgetary estimates ($8,469,131) by $373,115 or 4.4% through December, 1998. Compared to 1997 activity ($8,359,928), revenues have increased $482,318 or 5.8%. Building permit and plan check activity has exceeded budgetary projections by $178,978 or 22.7%. Interest earnings are exceeding original estimates by $47,846 or 6.1% through December. The City has expended $30,615,059 or 83.2% of the annual operating budget ($36,788,332) through December. Operating expenditures are below the revised budget ($31,107,252) by $492,193 or 1.6% and have increased $1,413,214 or 4.8% when compared with activity through December 1997 ($29,201,845). This variance consists of savings in Management Services, Public Works, Community Development and Parks and Recreation and excess expenditures in Criminal Legal Services, Jail Services and Dumas Bay Centre. It is anticipated that these departments will either meet projections or stay within their budget as the year progresses. Management Services expenditures total $1,545,619 which is $67,278 or 4.2% below the revised budget estimate ($1,612,897). The expenditure savings are due primarily to the concerted effort of management to control temporary help and overtime. Community Development Operations has expended $2,669,939 or 89.7% of its ($2,975,704). Through December they are below their budget by $149,745 or 5.3%. activities, expenditures have increased $200,936 or 8.1%. annual appropriation Compared with 1997 PRCS Operations expenditures total $2,722,153 which is $107,820 or 3.8% below the revised budget estimate ($2,829,973). Expenditures have increased by $87,435 or 3.3% as compared with 1997 activities. Dumas Bay Centre expenditures ($405,298) are above operating budgetary estimates ($401,228) by $4,070 or 1.0%. Compared with 1997 activities, expenditures have decreased by $10,593 or 2.5% while corresponding revenue growth totals $34,314 or 10.7% above budgetary estimates ($319,780). Public Works Operations is below revised budget estimates ($3,379,645) by $122,608 or 3.6%, and has expended $3,257,037 or 96.4% of its annual appropriation ($3,379,645). The Solid Waste and Recycling program is below its budgetary projection ($295,914) by $13,870 or 4.7%. Surface Water Management Operations are below projections by $91,161 or 5.9% The explanation for this shortfall derives largely from the fact that the Vacuum/Jetrodding Contract Services started late this year due to a bidding dispute that eventually required that we rebid for services. Compared with 1997, SWM operations have increased by $12,925 or 0.9%. The 1998 Asphalt Overlay Program has incurred expenses of $1,800,717 or 80.9% of it's appropriated budget ($2,225,570). The contractor has completed all the schedules included in the original agreement. Since the project was below budget, an additional area (schedule) was added. Due to weather, this added work may not be completed until 1999, therefore these funds will be carried forward to 1999. The overall operating revenues for December are above the projected monthly budget, with Real Estate Excise Tax, Fines & Forfeitures, Interest Earnings and Utility Tax exceeding monthly budget estimates. The overall operating expenditures are below estimates at this time, with Management Services, Public Works, Community Development and Parks and Recreation under projections and, City Manager, Dumas Bay Centre and Criminal Legal Services exceeding projections. It is anticipated that some of these savings will be used as we receive and pay additional invoices during January that relate to 1998. These invoices will be charged against the 1998 budget. City of Federal Way December 1998 Monthly Financial Report Local Retail Sales Tax Table 1 and Graph 2 summarize local retail sales tax revenues. Sales tax collections lag two months. For November sales activity, the City accrues sales tax reVenues in December, and the City receives cash in January. At the time this report was prepared, sales tax revenues were not available for December. Attachment A reflects accrued estimates. Through November sales tax proceeds total $8,143,308 which is $373,115 or 4.8% above the adopted budget estimate of $7,770,193. TAB/El LOCAL RETAIL SALES TAX REVENUES 1993 - 1998 Month Actual Actual Actual Actual Actual Budget * Actual $ Variance I % Variance January $ 849,037 $ 870,318 $ 882,234 $ 883,229 $ 902,478 $ 940,317 $ 949,276 $ 8,959 10°,~ February 579,220 580,171 602,830 607,790 640,967 ~ 660,714 714,640 53,926 March 522,576 500,911 573,687 577,022 582,547 590,311 575,596 (14,715) -2. April 585,809 597,164 624,667 768,980 660,733 680,245 655,396 (24,849) -3.7~ M~y _ 556,_7~ . ~632,~' - 599~100 60Z!'104~ 669,058 6~?,~27 769,461. 97,634. 14,5°A June 615,567 603,320 617,531 600,594 [ 657,032 ~ 645,475 (22,991) -3.4% Septernbe~ 609,162 626,974 676,731 652,886 657,100 ' 708,252 761,561 53,309 ~5°/~ Octob~ 627,343 636,254 654,050 666,751 687,585 709,512 j 739,326 29,814 4 2°,~ November 5~4,528 618,765 650,583 664,611 793,5281 685,778! 800,018 114,240 16.7°,~ TOtal } $ 7,366,797 $ 7,606,673 1 $ 7,9t6,114 $ 8,037,143 $ 8,320,209 I $ 8,469,131 [ $ 8,143,308 [ $ 373,11~ 4.8' Taxable Sa/es i $ 87a,999,643 S g05,~6,310 t S 942,394,524 S 956,802,78t $ 990,501,079 i $ 1,008,229,623 [ $ 969,441,369 i $ 44,418,504 [ Table 2 summarizes local retail sales tax revenues for the month of November. Compared to 1997 activity, November sales tax revenues have increased $6,490 or .8%. Included in retail trade is $26,351 from a major retailer reporting the previous month's activity in the current period. When considering this adjustment, total sales tax revenues have actually decreased $19,861 compared to 1997. TABLE 2 COMPARISON OF SALES TAX COLLECTIONS BY SiC CODE GROUP For the Month of November Component 1993 1994 1995 1995 1997 1998 Change from 1997 Group Actual Actual Actual Actual Actual ~ Actual $ Change % Change ~etail Trade $ 388,345 $ 385,660 $ 392,506 $ 407,442 $ 432,859 $ 484,372 $ 51,513 11.9% ~ervice~- 47.489 57,711 58,366 65,228 83,488 78,133 (5,355) -6,4% 2,onstruction/C0ntract 56.361 69,349 74,080 661655 - 79,614 ' 79,294 (320) ~0.4% A/holesaling 41.884 37,098 41,561 42.852 51,847 41,742 (10,105) -19.5~ ~-ransp/Comm/Utility / 9.967 30.798 21,542 30.194 29,420 27.134 (2,286) -7.8% ManufacturingI 26,852 14.427 31.485 29,843 85.918 53,155 (32,763) -38.1% )ther 7,525 8.990 9,604 8,602 9,481 ---- 13,868 4,387 Fin/Ins/Real Estate 7,436 4,874 - 1~,773 6,118 ' 9,320 ' 1~.294 ' 2.974 319% $ovemment 8,669 9,858 9,667 7,679 11,582 10,027 (1,555) -13.4~ Total $ 594,528 $ 618,765 $ 650,583 $ 864,611 $ 793,528 i $ 800,018 $ 6.490 0.8~ Taxable Sales $ 70,777,143 $ 73,662,500 $ 77,450,3tl $ 79,120,381 $ 94,467,636 $ 95,240,289 $ 772,654 0.8% City of Federal Way December 1998 Monthly Financial Report Table 3 is a comparison of year-to-date sales tax growth by major industry sector between 1993 and 1998. TABLE 3 COMPARISON OF SALES TAX COLLECTIONS BY SIC CODE GROUP YTD Through November Component t993 t994 t995 f996 1997 t998 Change from f997 Group Actual Actual Actual Actual Actual i Actual i $ Change % Change Retail Tra(~e $ 4~487,242 $ 4,586,101 $ 4,581,323 $ 4,793,946 $ 4,910,494 $ 5,127,441 $ 216,947 4.4% ;ervices 555,625 562,788 614,172 683,042 749,445 801,898 $ 52,453 7.0°~ ~onstructioniContract 508,083 5531831 688,~40 465,139 ' 60~,453 * ~14,204 *$ 8,751 1.4% P~ho~esaling 396,363 383,039 529,186 574,842 437,514 475,279 $ 37,764 8.6% TransplCommlUfility 322,080 350,354 263,971 289,849 325,551 330,819 $ 5,268 1.6% Manufacturing 281,934 290,127 351,438 376,733 359,495 439,370 $ 79,875 22.2% Other 60,968 82,228 78,441 78,572 87,791 108,240 $ 20,449 23.3% Fin/Ins/Real Estate 71,778' 68,646 68,72~0 ..... 74,288 ' 96,500 * 109,797 - $ ~3,~9~ ~13.8% $ovemment 78,743 75,303 95,556 77,345 109,102 136,260 $ 27.157 24.9% Total $ 8,762,8t6 $ 6,952,417: $ 7,271,447 S 1,413,767 $ ?,681,347 I $ 8,143,308 ~ $ 461,962 6.0% Taxable Sales $ 805,097,143 $ 827,668,690 $ 865,648,424 $ 882,590,156 i $ 914,446,035 I $ 969,441,486 i $ 54,995,451 6.0% Compared to 1997, sales tax collections have increased $461,962 or 6.0% The variances may be due to the timing of when the tax returns are filed. The returns may be filed monthly or quarterly depending on whether certain criteria are met. Retailing activity has increased by $216,947 or 4.4% compared to 1997 activity. The City has experienced increased revenues overall in the retail sector. Wholesaling related activity has increased by $37,764 or 8.6% when compared to 1997. The increase is due primarily to increased activity. Manufacturing activity has increased by $79,875 or 22.2% compared to 1997. The increase is due to a major manufacturing company reporting 4th quarter 1997's sales tax in 1st quarter 1998. Government related activity through November increased $27,157 or 24.9% compared to 1997 due primarily to $16,300 in adjustments made as a result of internal audits of a major governmental agency for the reporting periods May, 1997 through March, 1998 and September 1998. Table 4 details, through November, comparative sales tax activity between 1991 and 1998 segregated by various retail centers including the SeaTac Mall, S 348th retail center and the Pavilion retail center. TABLE 4 SALES TA~ COMPARISON Through November Change from 1997 Group 1992 1993 1994 1995 1996 1997 1998 $ Change % Change Total Sales Tax $6,240,655 $6,762,816 $6,952,4171 S7,271,447 $7,413,757 S7,681,347 $6,143,30~ $461,962 6.0~ S 348th Retail Block $622,721 $632,296 $639,463 ' $1,062,608 $t,121,653 $1,275,443 $1,366,661 $91,218 7.2~ charge from previous yr 28.47 33. 7% 0.9% 26.6% 5.6% 13. 7% 7.2% na na Percentage of total 10.0% 12.3% 12.1% 14.6% 15.1% 16. 6% 16.6% 0.2% I. SeaTsc Mall $983,897 $992,708 $t,012,7r~ $963,402 $921,179 $924,661 $903,383 ($21,2781 .2.3~( chat~e from previous ~,r 2.2% 0.9% 2.0?4 -4.9% -4.4% 04% -2.3% na na Percentegeoftotal 15.8% 14.7% 14.6% 13.2% 12.4% 12.0% 11.1% -0.9% Major Auto Sales $228,921 $287,508 $339,479 $331,2~0 $357,801 $3~0,781 $363,841 $3,060 0.9*/,! chan~e from pmwous yr 4.0% 25.6% 18.1% -2.4% 80% -2.0°4 O. 9% na na Percentage of total 3. 7~/, 4.3% 4.9% 4.6% 4.8% 4.6% 4.3% -02% -4.9% 312th to S 3161h Block $69,097 $98,086 $95,230 $95,922 $68,003 $77,719 ! $82,887 $5,168 6.6%! charge from previOUs yr 10. 7% -1.0% -2.9% O. 7% -63% -11 7%' 6. 6% na na Percentage of total 1.6% 1.5% 1.4% 1.3% 12% 1.0% 10% 0.0% 06% Pavilion Center n; na na n; $112,586 $133,080 $124,335 ($6,745) -6.6% chan~e from pmWOus yr na na na na na na .6.6% na na Percenta~e of total na na na na 1.5% 1.7% 1.5% -0.2% -119% Hotels & Motels $35,5391 $38,130 $34,666 $41,638 $3~,793 $39,782 $44,204 $4,422 11.1% chan~/e from previous yr -10.1% 7.3% -9. I% 20.1% -14.0% 11 1% 11.1% na na Percentage of total O. 6% 0 6% O. 5% O. 6% 0 5% 0.5% 0 5%' 0 0% 4 8% City of Federal Way December 1998 Monthly Financial Report · The City's largest retail center, S 348th retail center which generates over 15% of the City's sales tax has experienced an increase in November of $91,218 or 7.2% in taxable retail activity as compared with 1997. · The SeaTac Mall has a decrease in taxable retail sales through the month of November. Compared with 1997, sales tax collections have decreased $21,278 or 2.3%. After moderate growth between 1991 and 1994, taxable retail sales activity at the mall has steadily slowed since 1994. Real Estate Excise Tax Graph 2 and Table 5 illustrate collection history for the 1st and 2nd ¼ percent real estate excise taxes. The table and graph both reflect the cyclical variation in this revenue source. The monthly budget estimates are based on historical REET revenues received since incorporation in 1990 through 1997, an eight year period. REET revenue activity for December has exceeded the adopted budget by $188,206 or 186.2%, continuing the trend we saw in 1997. Compared with 1997 activities, REET revenues through December have increased $1,257,248 or 114.3%. Graze2 $3,000,000 $2,500,000 $2,000,000 $1,500,000 REAL ESTATE EXCISE TAX ACTIVITY Through December $1,32s,387 $t,4ss,104 $1,40s,9~4 $1,214,973 $1,095,051 $1,525,150 $1,876,909 $1,100,000 TABLE 5 REAL ESTATE E~CISE TAX REVENUES f993- f998 I 1993 I t994 ! 1995 I 1996 I 1997 1998 1998 Budget Month Actual Actual , Actual Actual Actual Budget * Actual $ Variance $ Variance January $ 80,908 $ 65,621 $ 52,253 $ 70,177 $ 94,719 $ 51,608 $ 119,717 $ 66,109 132.0% February 56,212 72,702 63,025 84,096 101,508 57,412 82,1~6 $ 24,704 43.0% Ma~h 78,549 249,510 ! 83,156 105,133 132,678 104,084 166,282 $ -~2,198 59.8% Aprii 84,173 ~021473 73,850 155,107 186,187 96,965 ~891860 $ 92,895 95.8% May 105,092 94,387 73,648 133,203 108,060 92,144 270,672 $ 178,528 193.7% June 167,854 130,113 107,801 133,081 120,432 104,964 295,657 $ 190,693 181.7% ~u~y 163,092 96,629 70,258 130,765 231,911 110,936 324,962 $ 214,026 192.9% August 106,684 97,514 183,599 123,913 181,490 102,366 137,949 $ 35,583 34.8% §eptember 100,392 82,804 82,369 180,371 151,333 97,207 204,439 $ 10~',232 110.3% October 146,484 64,606 76,809 102,780 ' 216,381 92,638 143,877 $ 51,239 t 55.3o/ - November 114,078 65,105 132,917 160,199 188,999 88,613 132,448 $ 43,835 49.5% December** 202,396 93,509 95,366 146,325 163,211 101,063 289,269 $ 188,206 , 186.2% __ Total $ 1,405,914 $ 1,214,973 $ 1,095,051 $ 1,525,15015 1,876,909 $ 1,100,000 $ 2,357,248 $ 1,2_57,248 114.3% Est. RE Value $ 281,182,800 $ 242,994,600 $ 219,0t0,200 $ 305,030,000 $ 375,381,716 I $ 220,000,000 $ 471,449,580 $ 251,449,580, na · Represents monthly h~stor~cal patterns for the 1998 Adopted Budget *· Accrued estimates are reflected ~n A~ac~rnent A City of Federal Way December 1998 Monthly Financial Report State Shared Revenues Table 6 and Graph 3 present a comparison of state shared revenues received through November between 1993 and 1998 by revenue type. Accrued estimates for December are reflected in Attachment A for MVET, camper excise tax, liquor excise, criminal justice Iow pop and high crime, local criminal justice sales tax, fuel taxes and vehicle license fees. These payments will be received in January for the month of December. TABLE 6 STATE SHARED REVENUES 1~3. fW Revenue Actual Actual Actual Actual i Actual ~ * Actual i $ Variance $ Variance ,to{or Vehicle Excise Tax. $ 879,170 $ 974,319 $ 1,008,012 i $ 732,884 $ 687,428 $ 697,391 $ 725,582 $ 28,191 4.0~ .~amper E xcise Tax ~ 15,710 17,555 17,546 17,318 17,447 17,624 18,219 595 34~ .iquor Profits Tax 488,484 491,231 406,088 414,859 419,545 396,743 547,578 150,835 38.0~ .~-~or Excise Tax - 182,112 181,356 169,252 164,509 168,084 152,597 173,917 21,320 14.0°.~ ~,rim Just Low-Pop/DCD - 1~2,2i0 · 233,138 280,908 260,878 - 96,392 69,175 95,~i0 ' 26,535 3§.4~ Cnm Just Hgh Crime - 163,477 211,697 185,695 204,913 224,894 180,000 246,207 66,207 368o.~ EqualizatK)n 515,437 621,225 464,140 ~1~5 292,941 187,687 292,264 104,577 55.7% .ocal Cnm Just - 906,786 973,341 1,005,937 1,057,099 1,175,426 1,067,823 1,262,724 194,901 18.3% :uel Tax-- 1.50~,08~ ' ~,5791332 1,556,155 ' 1,516,447' 1,562,806 1,581,340 1~58-2.93~-- ~,596 0 1% /eh Lic Fees-- 552,995 583,704 564,978 573,604 603,896 573,814 615,275 41,461 7.2% Total 8,324,464 8,886.888 8,658,711 S~348,1~ 6,248,~r~9 4,924,194 5,5~0,412 I 636,218 12.9% Change from prior year t5t .0%i t0.2% -3.~dY. -7.3% 0.0% .~.2% $.9%I n/a n/a Liquor Profits collected through November total $547,578 which is above estimated revenues ($396,743) by $150,835 or 38.0%. · Equalization is exceeding estimated revenues ($187,687) by $104,577 or 55.7%. · Local criminal justice sales tax to date of $1,262,724 is exceeding the estimated revenues ($1,067,823) by $194,901 or 18.3%. · Fuel taxes are exceeding budgetary projections through November by $1,596 or 0.1% and vehicle license fees are exceeding projections by $41,461 or 7.2%. Graph 3 STATE-SHARED REVENUES ~Veh Lic Fees 1993-1998 Tax $6,000,000 IFuel r"~C rim in al $5,000,000 Justice $4,000,000 [:]EqualizationlLiquor $1$253'000'000,000,000,000,000 $- [~MVET City of Federal Way December 1998 Monthly Financial Report Utility Taxes Table 7 summarizes utility tax revenue collections. Through November utility tax collections total $4,058,118 which is $332,078 or 8.9% above the monthly budget estimate ($3,726,040). This reflects the 5.0% rate which was effective 3/1/97. Since we have only had this revenue source for a short time, it is difficult to project the monthly estimates. TABLE 7 UTIUTY TAXES Year. to-date (thru November) Revised YTD 1998 Budget Budget Budget Actual $ Variance % Variance Electric (Puget Power) $ 1,753,100 $ 1,574,274 1,657,047 , $ 82,773 , 5.3% Gas (Puget Sound Energy) 572,400 503,403 470,04~- ~ ~)~- -6.6% Garbage (FW Disposal) 299,700 212,382 275,559 63,177 29.7~ Cable (Viacom & TCl) 342,000 281,618 369,668 88,050 31.3% Phone 803,400 729,619 805,977 76,358 10.5% Storm Drainage 134,500 133,399 119,420 _(13,979) -10.5% Cellular 313,200 283,501 350,333 66,832 23.6% Pagers & Internet 8,700 7,844 10,065 2,221 28.3% Total $ 4,227,000 $ 3,726,040 $ 4,058,118 $ 332,078 8.9% Community Development - Building Permit and Plan Check Activity Graph 4 and Table 8 illustrate building permit / zoning fee / plan review fee activity between 1991 and 1998. Graph 4 1998-Act 1998-Adp 1997 1996 1995 1994 1993 1992 1991 PERMITIZONINGIPLAN CHECK FEES Through December 98,262 102,79~ 84,271 .... / '~ . 601,t2( ~~~ ~1 920,429 ~ 688,860 639,740 67,436 ~ ; ~ ~~ : . _~ ~ 692,677 697,433 ~ 639,917 ~ 67t,108 5(';3,507 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 I Electrical ~:3 B Id/PIn/Z ning Fees · Overall, Community Development permits and fees total $1,025,602 which is $238,490 or 30.3% above the adopted budget estimate ($787,112). City of Federal Way December 1998 Monthly Financial Report Compared with 1997 activities ($742,537), permit revenues and building fees have increased $283,065 or 38.1%. Building permit applications are holding steady, but several are currently being reviewed by staff or are waiting for a response from the applicant. We anticipate an increase in revenues once these applications have been processed and permits have been issued. For the month of December, revenues collected were $2,062 or 3.2% above budgetary estimates ($65,300). This is Iow compared to recent months, due partially to a $28,000 reduction of revenues in the current month. The adjustment is actually deposits for the years 1992 through 1998 that should have been remitted to the fire department. · Building permit fee collections through December total $475,916 which is $78,379 or 19.7% above the adopted budget estimate ($397,537). · Electrical fees are also above budgetary expectations. Collections total $105,174 which is $6,922 or 7.0% above adopted budgetary estimates ($98,252). · Zoning fees collected through December total $100,767 which is $7,726 or 7.1% below the adopted budget estimate ($108,493). · Sign code citation fee and sign code permit collections which through December total $11,510 are included with zoning fees. · Plan check fees collected during the same period total $284,233 which is above the adopted budget estimate ($182,830) by $101,403 or 55.5%. Expedited Review revenues recognized for both Building and Planning total $50,906 through December. This is a new service provided by the City in 1998, which begins with a deposit from the customer for expedited services. · Environmental Review fees, which are also pass through monies, total $8,606 for the year. TABLE 8 BUILDING PERMITS/ZONING FEES/PLAN CHECK FEES 1993 o 1998 1993 1994 1995 ~: 1996 I t997 1998 1998 Budget Revenue Actual ' Actual i Actual i Actual I Actual Budget Actual $ Variance $ Variance January $ 33.706 $ 36,051 $ 48,383 $ 26.306 $ 59,933 $ 51,292 $ 54,814 $ 3,522 6.9% February 39,795 47,671 34,376 44,823 81,164 62,058 33,057 (29,001) -46.7% Mamh 61,117 52,296 30,950 48,297 95,791 77,879 45,879 (32,000) -41.1% Apdl 61,936 63,273 36,508 51,060 95,510 69,397 67,315 (2,082) -3.0% May 61,353 53,636 65,038 50,280 55,171 72,117 60,598 (11,519) -16.0% June 56,643 39,732 69,015 65,217 57,030 78,766 106,758 27,992 35.5% July 50,760 36,428 60,208 64,655 50,474 63,850 144,686 80,836 126.6% August 46,091 42,525 71,299 60,072 56,879 60,804 130,374 69,570 114.4% September 55,870 67,062 58,683 37,509 61,053 I 70,420 92,585 22,165 31.5% October 59,489 38,435 60,354 42,402 48,152 58,736 122,107 63,371 107.9% November 55,740 70,370 43,435 45,163 32,664 56,493 100,067 43,574 77.1% December 57,415 49,954 81,867 49,613 48,716 65,300 67,362 2,062 3.2°A Total $ 639,917 $ 697,433 $ 660,116 $ 586,397~$ 742,537 $ 787,112 $ 1,025,602 $ 238,490 30.3% Exp thru December 1,625,904 1,437,038 1,692,821 1,722,204 2,023,499 2,163,476 2,133,454 na na Recovery Ratio 39.4% 41.6% 39.0% 34.0% 36.7% 36.4% 48.1% na YTD Recovery Ratio 39.4% 41.6% 39.0% 34.0% 35.7% 37.8% na na Building permit related revenues have recovered 48.1% of Community Development-Building operating expenditures which total $2,133,454. City of Federal Way December 1998 Monthly Financial Report Public Works ~ ROW Permits, Plan Review Fees and Inspection Fees Table 9 includes revenues from ROW permits, plan review fees and inspection fees for the years 1993 through 1998. Year-to-date activity through December totals $253,153, which is $23,243 or 10.1% over budget estimates ($229,910). Compared to 1997 activity, revenues have increased $64,330 or 34.1%. TABLE 9 PERMITS/PLAN REVIEW/EXPEDITED REVIEW/~NSPECTION FEES 1993 - 1998 1993 i 1994 1995 i 1998 i 1997 1998 ~ 1998 Budget Revenue Actual Actual Actual Actual ; Actual Budget Actual; $ Variance $ Variance January $ 1,855 $ 16,198 $ 22,397 $ 12,719 $ 7,041 $ 16,780 $ 16,188 $ (592) -3.5% February 2,403 10,580 6,797 23,627 8,583 14,395 8,437 (5,958) -41.4% March 3,790 8,826 11,568 10,708 26,504 15,98~4_ _ 12,347 (3,637) -22.8°/ April 18,496 25,439 11,224 14,751 9,079 25,155 19,977 (5,178 -20.6% May 4,163 6,955 18,991 21,158 9,551 16,495 26,621 10,126 61.4% June 2,472 39,839 7,131 8,283 9,977 19,358 26,339 6,981 36.1% July 16,366 8,374 9,726 29,676 12,353 20,100 21,002 902 4.5% August 12,419 19,584 9,339 18,645 27,438 25,405 26,631 1,226 4.8% September 6,583 9,997 9,006 15,252 26,180 17,946 25,234 7,288 40.6% October 35,280 (32,125) 22,059 14,041 15,049 14,284 21,878 7,594 53.2% November 7,947 11,036 27,799 13,524 18,019 20,697 28,331 7,634 36.9% December 7,193 20,147 22,638 14,832 19,049 23,311 20,168 (3,143 - 13.5% Total ;$ 118,967 j $ 144,8~0 i$ 178,6755 197,216 I$ 188,823 $ 229,9 0 $ 253,153 I$ 23,243 10.1% Monthly Average 9,914 12,071 14,890 16,435 15,735 19,159 21,096 1,937 na Table 10 presents a synops~s of building permit activity in December for new construction between 1993 and 1998. TABLE 10 BUILD~IG ACTMTY * NEW CONSTRUCTION Thru December 206.$ 3~!~46~388 18~_$ 31,69~,808 211 $ 33,071L4~7~ 9~ ? 17,42~:~4' 131 $ 251031,!)0L 102 $ 20,~3,4~ 10. 6,~5,978 ~_ 2~ ~ ~'~'~0~ ~ ~ 5'~653. ~ ~:~!~9 j ~ 42~3~'~2 2 522,~ 3 215,451 3 11,793,140 10 12,749,~8 11 7,593,7~ 4 12,240,293 1 241 ,~ - 25 1~,2~ 30 235,~ 23 214,915 11 69,039 18 118,3~ 19 137,~2 ~: $ ~1,~,~3 2~ ~ $ ~,~,~2 ~9 $ 5~1~,0~ ~ 123 $ ~,~5,~ I 169 $ 39,113,~7 1~ $ 70,1~,024 Pe~m/t Typ~ Residential Multi-family Public Mobile Homes /JzJ,/o City of Federal Way December 1998 Monthly Financial Report GENERAL FUND District Court Activity District Court filing fees for 1998 are $19.83 for each traffic infraction and $71.61 for all citations filed. In cases where bail or penalty is forfeited, the filing fee is reduced to $3.44. Graph 5 compares district court expenditures and number of cases filed through December between 1992 and 1998. Table 9 presents a monthly trend of municipal court revenues and expenditures between 1994 and 1998. Graph $ $550.000 $500,000 $450.000 $400,000 $350,OOO $300,000 $250,000 $200,000 $150,000 S100,000 $50.000 $- Court Costs vs Number of Filings Through December 14,830 13,070 13,030 12,311~ 12,173~ 12,:~ S337,907 $291,769 $267,313 $262,978 $283,788 $237,813 1992 1993 1994 1995 1996 1997 ~Court Costs ~ ~umber of Filings 1998 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 · Through the month of December, fines & forfeiture collections total $814,443 which is $152,361 or 23.0% above the monthly estimated revenue ($662,082). · Overall, Criminal Legal Service expenditures total $1,081,588 which is $21,298 or 2.0% above the monthly estimated budget ($1,060,290). Because invoice processing for district court services is currently lagging one month, the table below and attached financials reflect an expenditure accrual for December district court services. TABLE 11 CRIMINAL LEGAL SERVICES Through December Sources/ f994 1995 1996 1997 1998 Uses Actual Actual Actual Actual Budget Actual $ Varfance % Varfance Revenues Fines&Forfeitures $ 592,198 $607,932 $557,240 $ 653,690[$ 662,082 $ 814,443 $ 152,361 23.0% Expenditures District Court 253,736 291,759 237,813 337,907 428,656 454,612 (25,955) -6.1% Witness Fees 11,443 12,488 10,604 9,244 13,550 ' 10,337 3,214 23.7% Administrative 136,298 151,455 186,859 226,089 339,422 327,717 11,705 3.4% Public Defense 195,896 214,544 202,659 180,140 256,020 256,061 (41) 0.0% Interpreter/Screener 3,190 10,218 16,067 20,260 22,642 32,862 (10,220) -45.1% Total $ 600,563 $680,463 $664,002 $ 773,640151,060,290 $1,081,588 $ (21,298) -2.0% Rev Over (Under) Exp (8,365) (72,531 )! (96,762) (119,950) (398,208) (267,145) 131,063 n/a Cases Filed 12,151 13,975 8,660 13,530 i - 14,830 nla n/a City of Federal Way December 1998 Monthly Financial Report Public Safety - Jail Services Graph 6 compares jail service expenditures and number of bookings filed between 1992 and 1998. Booking costs are associated with registering a prisoner, while maintenance costs reflect expenditures for daily meals and shelter of prisoners. In addition, King County will assess a 10% fee for investigative work. The city was also contracting with Kent for some jail services during 1997, but does not anticipate the need to employ them in 1998. Grsoh 6 Jail Costs vs Bookings & Maintenance Through December $1,100,000 $1,000,000 $900,000 $8oo,ooo .................. ~6~§,~ - -. ........ ~g~,~ ~ ' - $7oo,ooo $$Gb~?lb ................. $600,000 $500,000 $400,000 $300,000 $200,00O $100,000 $- 1992 1993 1994 1995 1996 1997 1998 ~ Expenditures .--e-- Cases 24,000 22,000 20,000 18,ooo 16,000 14,000 12,000 10,000 8,ooo 6,000 4,000 2,000 · Through December, jail service expenditures (including an accrued estimate for November and December) total $980,938. Table 11 presents public safety expenditures between 1994 and 1998. Overall, the 1998 police budget totals $12,074,349 which includes $995,712 for emergency dispatch and $857,700 for jail services. · Total Public Safety expenditures through December total $11,931,966 which is $69,950 or 0.6% above the monthly estimate of $11,862,016. TABLE 11 PUBLIC SAFETY Through December Sources/ f994' 1995 1996 ' 1997 Thru December, t998 Uses Actual Actual Actual Actual Budget i Actual s v,~.c, ~ v,~, poiice - KC Contract $8,235,201 $ 8,088,384 $ 6,634,659- $ $ $ $ n/~ Administration 186,354 2,129,068 2,265,948 3,257,651 2,174,761 1,082,891 33.2°/` Support Services 189,378 170,782 248,925 (78,143) -45.8°/, Investigations 1,471,013 1,559,996 1,793,357 (233,361) -15.0°/` Records 436,797 456,302 535,071 (78,769) -17.3%i Field Operations ~ 156,179 132,310 . 171,616 (39,306) -29.7°/` p~trol 3,932,760 4,015,133 4,583,266 (5681i33) -14.1°/` Traffic 389,837 416,430 493,136 f76,706) -18.4°/, Subtotal Law Enforcement 8,235,201 8,274,738 8,763,727 8,841,911 10,008,604 10,000,132 8,472 0.1°/~ Comm. & Dispatch 985,955 995,712 950,896 44,816 4.5°/, Jail Services 629,048 560,716 680,658 830,430 857,700 980,938 (123,238t -14.4°/` Total PublicSafet,/ $8,864,249 $8,835,464 $ 9,444,3851510,658,296 $11,862,016 1511,931,966 $ {69,950) Nil City of Federal Way December 1998 Monthly Financial Report Recreation and Cultural Service Programs and Dumas Bay Centre Performance Table 12 summarizes recreation and cultural service and Dumas Bay Centre activity and their related recovery rates. Recreation and cultural services: Revenues total $462,417 or 101.3% of the revised budget ($456,514). Direct program expenditures total $635,589 or 95.4% of the revised budget ($666,039). Recreation fees have recovered 72.8% of direct program costs. Including administrative expenditures totaling $327,465, the overall recovery ratio is 48.0%. The 1998 budgeted recovery rate is 42.5%. Dumas Bay Centre: Operating revenues, total $347,110 or 108.5% of the adopted budget ($319,780). Operating expenditures total $405,298 or 101.0% (excluding one time costs) of the revised budget ($401,228). The Dumas Bay Centre has recovered 85.6% of all operating costs when unearned revenues are not considered. Knutzen Family Theatre: Operating revenues, since it's official opening in July total $16,483 or 76.3% of the adopted budget ($21,605). Operating expenditures through December total $76,412 or 96.0% of the adopted budget ($79,605). The overall actual recovery ratio is 75.5%, which is greater than the budgeted recovery ratio of 71.0%. TABLE 12 RECREATION & CULTURAL SERVICE PROGRAMS AND DUMAS BAY CENTRE PERFORMANCE Through December 1998 Program Budget I Actual I % Budget I Actual I % Budget ~ Actual ATHLETICS AND SPECIALIZED SERVICES Community Center 26,500 21,165 79.9% 87,247 54,729 62.7% 30.4% 38.7% Senior Services 54,549 53,015 97.2% 67,574 63,163 93.5% 80.7% 83.9% Special Populations 9,715 15,015 1 54.6% 47,667 52,460 110.1% 20.4% 28.6% Youth Commission 500 0.0% 2,300 1,267 55.1% 21.7% n/a Adult Athletics 135,500 146,266 107.9% 110,279 114,686 104.0% 122.9% 127.5% Youth Athletics 57,400 50,192 87.4% 80,424 66,721 83.0% 71.4% 75.2% Aquatics 2,500 1,489 59.5% 31,910 33,933 106.3% 7.8% 4.4°/ Subtotal $ 286,664 $ 287,141 100.2% $ 427,401 $ 386,960 90.5% 67.1% 74.2% Administration - n/a 216,905 153,196 70.6% n/a n/a Total $ 286,664 $ 287,141 100.2% $ 644,306 $ 540,156 83.8% 44.5% 53.2% COMMUNITY AND CULTURAL SERVICES Arts & Special Events 30,600 36,263 118.5% 47,107 67,715 143.7% 65.0% 53.6% Community Recreation 123,800 121,822 98.4% 159,031 151,970 95.6% 77.8% 80.2% Red, White & Blue 15,450 17,391 112.6% 32,500 28,943 89.1% 47.5% 60.1% Subtotal $ 169,850 $ 175,475 103.3% $ 238,638 $ 248,629 104.2% 71.2% 70.6% Administration n/a 190,824 174,269 91.3% n/a n/a Total $ 169,850 $ 175,475 103.3% $ 429,462 $ 422,898 98.5% 39.5% 41.5% TOTAL RECREATION $ 456,514 $ 462,617 I 101'3%1 $ 1,073,768 $ 963,054I 89.7%I 42.5% 48.0% Dumas Bay Centre ** 319,780 Knutzen Family Theatre ** 21,605 TOTAL DUMAS BAY CENTRE I $ 341,385 Arts Commission GRAND TOTAL $ 797,899 DUMAS BAY CENTRE 347,110 108.5% 401,228i 405,298 101.0% 79.7% 85.6% 16,483 76.3% 79,605 76,412 96.0% 27.1% 21.6% 363,893I 106.8%of $ 480,83315 481,709I 100.2°/oI 71.0°/oI 75.5% - n/a 19,004 19,004 100.0% l n/a n/a 3,853 n/a 98,755 76,407 I 77.4%1 n/a { 5.0% 830,063 164.0% $ 1,672,360 $ 1,540,175t 92.1°/oI 47.7%] 53.9% Revenues do not include interest income or operating transfers Expenditures do not include interfund contributions. City of Federal Way December 1998 Monthly Financial Report Public Safety Cost Comparison - King County Contract The following chart and graph depicts a comparison of our Public Safety Department with contracting for services from 1990 to 1998. This comparison is based on net operating costs (after deducting revenues) and some assumptions as noted in the graph. Police Service Cost Analysis 1990 - 1998 1990 1991 1992 1993 1994 1995 1996 1997 1998 t990 (~) 1991 1992 1993 1994 1995(2) 1996 1997 m(4) 1998 14) 1998/December Expenditures: Police Contract 5,115,407 6,485,651 6,326,511 7,639,959 8,224,500 8,088,384 6.364,608 5,806 1.831 Other Police Services 909 7,351 5,899 10,701 186,354 2,327,540 8,339,3809,266,609 Valley Communications 180,758 981,572 995,712 6,115,407 6,486,560 6,333,862 7,645,858 8,235,201 8,274,738 8,872,908 9,326,78810,264,152 245,781 272,395 251,666 266.550 292,237 240,000 238, 715 162,241 142,785 149,887 44,508 178, 918 131,623 128,467 103,324 266,106 205,309 213,960 5,340 12,500 Total Expenditures Criminal Justice-High Crime Crimir~al Jusbce-Low Impact Criminal Justice-Contracted Svc Cop~es, Photos, Fingerprints, Permits Police Security Grants State Seizures 25,937 24,820 55,992 96,850 812,429 688,522 149,667 85,991 6,613 30,142 10,000,132 950,896 10,951,028 306,208 118,359 24,996 92,164 847,057 28,505 44,954 209 TotalRevenueS 238,718 162,241 142,785 395,769 583,009 635,893 630,182 1,471,342 1,269,649 1,462,241 Net Cost o City Police Dept 4,676,692 6,324,319 6, t91,0777,250,090 7,652,192 7,638,845 8,242,723 7,865,416 8,994,503 9,488,787 King County Contract Estimate 5,115,407 6,486,560 6,333,862 7,645.858 8,235,201 8,754,018 9,368,13510,046,59810,713,993 10,713,993 Revenues: Cnmina~ Justice-High Crime 245,781 272,395 251,666 266,550 292,237 240,000 306,208 Criminal Justice-Low Pop 238,715 162,241 142,785 149,987 44,508 178,918 131,623 128,467 103,324 118,359 Criminal Justice-Contracted Svc (5) 266,106 205,309 213,960 218,239 222,604 222,604 TotelRevenues 238,715 162,241 142,785 395,769 583,009 635,893 612,133 638,943 565,928 647,170 Net Costs wi K!n~l County 4,876,692 6,324,3~9 6;191,077 7,280 090 7,652,192 8,118,125 8,756,002 9,407,65510,148,065 10,066,823 City of Federal Way December 1998 Monthly Financial Report Public Works - Contracted Services Table 13 presents a year-to-date analysis of the Public Works and Surface Water Management (SWM) contracts with King County, WSDOT and private vendors. Expenditure accruals have been made for December activity. Most on-going maintenance takes place during the spring and summer months. TABLE 13 PUBLIC WORKS - CONTRA~'~I~,D ~VICES ExPedited Plan Review (1) $ 25,565 $ 70,176 274.5% Contracted Plan Review (1) 55,732 54,332 97.5% Subtotal Development Services $.. 81,297 $ 124,508 153.2% Neighborhood Safety (1) 36,450 35,334 96.9% Traffi~ranSportation 41,000 43,335 i05.Y% Traffic Maintenance - KC 373,600 389,430 104.2% $~! Traffic ~wi~ ; : r :~1,0~ ~ 468,100 103.8% Street Maintenance - Private Contractors (2) 707,225 696,267 98.5% Street Maintenance - WSDOT 85,036 82,894 97.5% Structure Maintenance (3) 63,367 50,891 80.3% 8#~1 :Sb'eet ~fstom$ ~,628: $: Solid Waste Litter Control 45,100 44, 581 98.8% SUbtot iSolldW urm $ , 100 $ 44,S81 S .8% Water Utility Billing - KC 60,000 51,704 86.2% State Highway Maintenance- WSDOT 42,500 41,855 98.5% Water Analysis (1) 20,000 6,597 33.0% Str. Sweeping, Catch Basin, Manhole & Pipes (1) 253,400 182,483 72.0% Snow & Ice Removal (1) 30,000 4,079 13.6% Snow & Ice Removal- Lakehaven Utility District 10,000 8,286 82.9% 8UbtotalSnow& iceRemOval .. $ . ~,000'i $ 1~ 30~/, (1) Private Contractors (2) Private Contracts for street maintenance ($470,292), supplies ($37,000), RNV vegetation mowing and tree maintenance ($93,200), Weyerhaeuser ($26,233), and Pavement Management System ($14,000). (3) Private contractors for sidewalk, ramps, curb and gutter maintenance ($83,696) and fences, guardrail, barriers and retaining wall maintenance ($6,671). CAPITAL PROJECTS UPDATE CIP - City Facilities accounts for the Public Safety and Downtown Revitalization capital projects funded with the 1997 GO Bonds. CIP - Parks accounts for the acquisition or construction of major park capital facilities except those facilities financed by proprietary funds. CIP - SWM accounts for major capital facilities associated with managing the existing storm water conveyance systems, regulating the clearing, grading and erosion control phases of new land development, constructing, maintaining and repairing elements of the City's drainage system, and controlling water quality within the system. CIP - Traffic accounts for improvements to existing traffic signals and new signalization. ClP - Streets accounts for improvements of roadways and arterials, including the construction of new street sections, the purchase of right-of-ways, the widening of roadways to provide additional vehicle lanes, and the installation of sidewalks and landscaping. Funding sources include transfers from the SWM Fund ($1,625,223), General Fund ($75,000) and Street CIP Fund ($86,662); interest earnings ($75,000); and beginning fund balance ($1,925,178). Table 14 represents year-to-date expenditures through June 1998. Life-to-date impact fees collected through December 1998 total $2,358,684 which includes interest earnings. Currently, a balance of $534,472 is reserved for Parks, Traffic, Street and SWM capital improvements projects. City of Federal Way December 1998 Monthly Financial Report PROJECT UPDATE City Facilities: 1) Downtown Revitalization: S. 320th Street Downtown Core and Frame Improvements: Working with Marriot and PSE to facilitate future underground utility work on S 320th Street. Parks: 1) Dumas Bay Civic Theatre: Project is completed, subcontractor's are working on the last remaining item of the punch list; 2) Dumas Bay Centre Parking Lot Addition: Project is completed; 3) Community and Neighborhood Parks projects are: Lake Killarney Open Space Park Development: SEPNEnvironmental check list completed. Permits were issued on September 25, 1998. Golf Landscaping was awarded the bid. Notice to Proceed with construction issued on September 28, 1998. Golf Landscape commenced with construction on October 1, 1998. The construction time line is scheduled for 65 days; Lake Grove School Ball Field Renovation: Project completed; Heritage Woods Park: Project completed; Mark Twain Ball Field Renovation: Project completed; 4) BPA Phase Ih Completed; 5) BPA Phase II1: Parametric Engineering firm has been working with Public Works and Parks staff on the design proposals. Staff will be presenting the design proposals to LUTC on October 19, 1998 and a staff recommendation to City Council on November 3, 1998; 6) Celebration Park: Development is 75% complete. Approximate date of completion is targeted for mid-December; 7) Parks, Recreation and Open Space Comprehensive Plan Update: The PARCS Commission has formed a sub- committee to begin working with staff to update and reformat the 1995 Parks, Recreation and Open Space Comprehensive Plan. The sub-committee is meeting monthly to discuss the format. The meetings are open to the public. Next meeting is scheduled for November 16, 1998, 6:00 pm held at Steel Lake Fire Station meeting room. SWM: 1) Culvert Upgrade and the SeaTac Mall Detention projects Phase I was completed in January, 1999; 2) CIP studies Phase II is underway, Council review is scheduled for April, 1999; 3) Work for SeaTac Mall Phase II design has begun. 85% design completion to Council is anticipated for February 1999; 4) SW 340th Regional Storage Facility was completed in October, 1998; 5) Starlake Road/S 272nd Conveyance Improvement has begun design, 85% design completion to Council is anticipated for March, 1999; 6) SW 356th Detention Facility design and acquisition is under way; 7) Annual Programs: Mirror Lake Hydraulic Analysis Study was completed, proposed improvement has been incorporated into the SWM facility plan which is currently under review. Crown Point Storm Line Replacement is under construction and scheduled for competion in early 1999. English Creek clean up is underway. Street/Traffic: 1) S. Star Lake Road and Military Road S. Signal Project. The project was awarded to Totem Electric the Iow bidder at the 9/15/98 Council Meeting. A pre-construction meeting was held on 10/26/98 at 9:00 am. Due to weather and ordering equipment construction will not start until 1999. 2) SW 340th St and Hoyt Road SW signal project, Inca Engineers have completed 100% design plans which have been reviewed by Public Works. We have contacted property owners for the required easements. The project will not be bid until February, 1999. 3) SW 334th Street and 21st Ave SW signal the scope of work for the contract is complete Parametrix, property acquired on all parcels. 4) S 356th-SR 99 to 1st Ave project is under final design; working with Parks on the wetland mitigation; right of way acquisition for the PSE parcel is complete. 5) 23rd Ave S project (S 317th to S 324th) We have contracted with WSDOT to provide Right of Way acquisition services for this project and they have completed appraisals; offers are also going out to the effected property owners. Project going to TIB on 1/21/99 for approval to spend the scope. 6) S 312th St-SR 99 to 23rd Ave S project. The project was awarded to Gary Merlino Construction the Iow bidder at the 8/18/98 Council Meeting. Construction work began 9/8/98 and wilt continue through 8/31/99. 7) SR-99 and S 320th Street Intersection Improvements Notice to proceed for the work to CH2M Hill has been issued and ISTEA and TIB funds obligated. 8) 8th Ave SW and SW Dash Point Road Traffic Signal design is complete and the appeal was denied regarding SEPA. Working with the WSDOT on concerns they have. 9) SR-99 Improvements from S 312th Street to S 324th Street. Completed contract for work, ISTEA funds obligated. 10) The S. 304th Street and Military Road Signal Project. The project was awarded to Scocollo Construction at the 9/15/98 Council Meeting. The pre-construction conference was held 9/22/98, construction on utilities started shortly thereafter. The project will not be completed until 7/31/99. City of Federal Way December 1998 Monthly Financial Report TABLE 14 CAPfTAL IMPROVEMENT PROJECTS Program RevVed ~ PMeeed Actua/ /'Mewed ClP - 1997 GO Bonds I 101 Public Safety 4,805.207 102 Downtown Revitalization 2,601,659 2.601,659 221,703 8,5~ 104 Oppodunity Fund 33,883 ClP - PARCS 101 Open Space Projects 278,707 278.707 102.956 36.9'~ 108 S~I Site Imlxovements 19.277 19,277 17.358 90.0~ 112 Neig/nborhood Parks 87.692 87,692 15,398 1 114 Celeb~'ation Park 7,961,271 7,961,271 7,923,231 995~{ 115 Klahanee Lake Community/Senior Center 28,247 28.247 1,018 3.6°~ 116 Steel Lake Improvements 40.000 40.000 29.073 72.7°~{ 117 Celebration Park Contingency 250.000 250.000 200.698 803~( 119 BPA Trail Phase III 199.242 199,242 55.011 27.6'~ 124 Skateboard Park 15,727 15.727 1.989 12.6~ 126 Asphalt Oveday for Paths & Trails 50,000 50,000 44.085 88.2~( CIP - SWM 111 Small Capital Pro~ects 395.484 395.484 237,186 80.0~ 210 Panther Lake 11,502 3.000 213 SeaTac Mall Detention 3.613,208 1,850.000 1,516, 719 82.0~ 215 340th St, Regional Storm Detention 1,017.852 1,017.852 819.487 80.5o& 220 336th Kitts Comer 42.954 20.000 9.184 45.9o.~ 230 Starlake Road/S 272nd Conveyance 70.136 70.136 622 0.9% 240 S 356th Reg~nal Storage 563,224 387.847 357,839 92.3% 310 ClP Studies 54.535 54,535 18,602 ~ 34.1% ClP - Traffic 104 SR99 Signal 288th to 304th 10.031 10.031 9,871 98.4% 106 21st Avenue @ SW 325th Signal 55.770 55.770 22.789 40.9% 108 Dash Point Rd. (~ 8th Avenue SW 279.719 32.511 35,157 108.1 109 Dash Point Rd ~ 21st Avenue SW 15.770 15,770 16,210 102.8% 113 S 336th (~ SR99 - Const. RHTL 538.266 150.000 139,758 93.2% 114 Military Rd & Star Lake Signal 209,787 50.000 37.703 75.4'~ ClP - Street~ 106 SWS 336th (~ 21 st to 27th Ave SW 782.547 737,043 733,981 99.6~ 109 317th - 326th. 23rd Ave. S 1,948.390 150,000 30.210 20. 112 S 348th/1-5 to SR99 26,000 26.000 0.0'~ 113 312th St./SR99 - 23rd Ave 3.128.488 3.128.488 1.830.074 58.5=.~ 115 Military Rcl. s.r286th to 304th Ave 972,857 200.000 98,994 495%{ 122 S 320th St & SR99 466,313 173.968 9.927 123 21st Ave SW& SW 334th St. Ped 179,337 I 20.000 23,053 115 3%{ 125 SW 340th St & Hoyt Rd 148,933 148.933 95.058 63 8".{ 126 SR 99 Imp * S 312th to S 324th 774,987 ! 774,987 258 00%{ To~al ClP-Streets $ 9,013,011 $ 6,944,$78 $ 3,002,496 Dumas Bay Centra Deferred Maintenance 21,521 21.521 107 0 5°~l 102 Civic Theatre 1,763.947 1,763,947 1,751,436 99.3o.~ 105 Parking Lot 184,547 184.547 ~ 173.374 939~ Total DUruM Bay $ 1,970,015 $ 1,970,015 $ t,924,917 97.7~ ToUd Oew Cap~ Projem. s 2,us,4ol s 2,2~,401 s ~.w),71z ~.4~ tip GrandToMI $ 36,SZT,ST7 S 25,8S4,?S2 $ 18,S~1,778 71.814 ATTACHMENT A CITY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through December 1994 - 1998 Actuals I 1998 Revised Budget i Actuals / Variance ~ ,~ I I I Through[ Throughrl Favorable (Unfavorable) Sources/Uses i 1994 1995 1996 1997 Annual December I December i Dollars(S) I Percent(%) Beginning Fund Balance $12,181,738 I $11,403,627 $10,331,541 $10,396,188 $16,128,342 $18,128,342 $15,128,342 $ I 0.0% Operating Revenues Property Taxes 5,654,655 5,911,017 6,009,042 6,161,293 6,410,094 6,437,503 6,437,503 0.0o,~ Sales Tax 7,606,672 7,916,114 8,077,923 8,359,928 8,469,131 8,469,131 8,842,246 373,115 4.4°,~ Criminal Justice Sales Tax 1,059,277 1,091,749 1,146,248 1,265,564 1,260,667 1,260,667 1,355,566 94,899 7.5o~ Leasehold Excise Tax 8,442 14,638 5,187 4,765 14,853 13,811 5,297 (8,514) -61.6°/~ State-Shared Revenues 5,715,406 5,479,254 4,931,445 4,622,378 4,469,217 4,469,217 4,851,512 382,295 8.6 o,~ Real Estate Excise Tax 1,214,973 1,095,040 1,479,868 1,821,614 1,100,000 1,100,000 2,266,328 1,166,328 106.0°A Gambling Taxes 351,453 322,989 373,783 356,249 305,598 359,598 369,785 10,187 2.8oA Utility Taxes 810,179 3,837,484 4,227,186 4,153,899 4,490,832 336,933 8.1% Fines & Forfeitures 592,198 607,932 557,240 653,690 662,224 662,082 814,443 152,361 23.0oA Building Permits/Fees-CD 597,932 661,458 585,397 735,269 787,112 787,112 966,090 178,978 22.7oA Pass Through Fees-CD 59,512 59,512 0.0% ROW Permits/Fees-PW 144,850 178,675 197,216 188,823 247,499 229,910 253,153 23,243 10.1 Pass Through Fees-PW 78,866 50,892 50,892 00o/~ Licenses 114,102 84,773 82,004 83,108 95,481 95,481 57,597 (37,884) -39.7% Franchise Fees 364,105 386,005 406,479 463,232 420,179 420,179 462,647 42,468 10.1 Recreation Fees 463,711 419,492 431,761 448,973 456,514 456,514 466,470 9,956 2.2°/~ Dumas Bay Centre 116,924 216,498 278,323 341,277 327,580 319,780 354,094 34,314 10.7% Knutzen Family Theatre 21,605 16,483 16,483 0.0o/~ Interest Earnings 662,884 803,344 628,859 50,967 815,816 789,795 837,641 47,846 6.1o/c Admin Fee-SWM & Solid Waste 150,384 154,897 162,734 165,989 165,989 165,989 0.0% SWM Fees 2,996,606 2,982,684 2,968,547 2,912,571 2,943,429 3,032,677 3,032,677 - I 0.0°/~ Refuse Collection Fees 150,211 145,600 143,758 143,102 146,329 146,329 147,101 772I 0.5°/c Police Services 1,036,264 192,377 192,377 n/a Grants 70,594 119,996 287,016 4,765 523,528 1,188,667 1,188,667 * 0.0% Other 43,281 60,551 92,585 403,956 49,756 43,614 43,614 0.0% Total Operating Revenues 27,928,276 28,64~,193 29,647,767 34,058,006 33,9~8,653 34,728,842 37,728,616 2,999,673 8.6% Operating Expenditures City Council 191,822 168,750 174,755 187,129 192,955 192,955 190,622 21333 1.2% City Manager 383,639 433,251 497,352 527,825 532,812 532,812 548,651 (15,839) Ms;agement Services 1,206,210 1,318,799 1,404,702 1,414,919 1,902,363 1,612,897 1,545,619 67,278 4.2% Civil Legal Services 364,731 417,969 478,996 548,083 505,578 505,578 475,937 29,641 5.9% Criminal Legal Services 600,563 680,463 654,002 773,640 1,158,444 1,060,290 1,081,588 (21,298)i -2.0% Comm. Developement Services 3,325,302 3,556,259 2,624,183 2,469,003 2,975,704 2,819,684 2,669,939 149,745 5.3o/~ Police Services 8,235,201 8,274,738 8,763,727 9,827,866 11,216,649 11,004,316 10,951,028 53,288 0.5°A Jail Services 629,048 560,716 680,658 830,430 857,700 857,700 980,938 (123,238)1 Parks & Recreation 2,888,980 3,084,522 3,010,592 2,634,718 2,879,973 2,829,973 2,722,153 107,820 3.80A Public Works 2,407,013 2,621,960 2,860,807 2,978,999 3,379,645 3,379,645 3,257,037 122,608 3.6°A City Oveday Program 650,951 631,930 863,333 1,606,804 2,225,570 1,800,717 1,800,717 I 0.0o/~ Snow & Ice Removal (1) 13,669 6,749 62,057 56,503 54,738 54,738 35,844 18,89413,870 34'5°/~ Solid Waste 172,336 216,330 284,175 496,742 295,914 295,914 282,044 4.7o/c Surface Water Management 1,183,207 1,339,801 1,490,808 1,450,508 1,554,594 1,554,594 1,463,433 91,161 5.9o,~ Debt Service 1,639,837 1,771,439 1,717,049 2,982,785 4,411,190 2,127,799 2,127,799- ,I 0.0oA Dumas Bay Centre 190,600 308,457 353,163 415,891 401,228 401,228 405,298 (4,070)[ Knutzen Family Theatre 121,605 76,412 76,412 -~! 0.0oA Non-departmental (2) 18,427 42,973 25,033 2,121,670 -I n/a Total Operating Expenditures 24, t01,836 25,435,106 26,945,392 29,201,845 I 36,788,332 31,107,252 30,616,069 492,193 1.6% Operating Revenues overl(under) Operating,Expenditures , , 3,826,740 3,213,087 3,702,365 4,856,161 (2,789,679) 3,621,590 7,113,456 3,491,867 96.4% Other Financing Sources 7,522,103 6,092,920 4,950,985 4,950,985 I 0.0¥~ Other Financing Uses 8,753,915 6,424,934 5,577,297 8,590,572 9,364,467 9,150,118 9,150,118 - I 0.0% Ending Fund Balance I I Solid Waste 111,484 188,505 213,050 ! 296,991 370,089 217,534 n/a n/a Snow & Ice - 191,274 103,239 73,358 100,000 118,414 n/a n/a Arterial Street 1,563,848 971,893 362,100 470,902 69,831 505,361 n/a n/a Utility Tax 1,019,898 1,888,337 n/a n/a SVVM, 2,0161324 , 1,702,890 1,077,666 1,566,522 663,579 2,208,590 n/a , n/a Path & Trails I 29,109 39,284 50,210 6,153 12,907 12,549 n/a i n/a Strategic ReserveII 2,150,560 2,104,645 2,050,477 2,022,389 ~ 2,000,000 - ! 2,000,000 n/a I n/a Debt Service i 1,657,809 i 1,936,991 1,618,909 2,986,805 4,538,155 - 5,290,428II n/a n/a Dumas Bay Centre 562,661 I 157,897 115,131 83,742 10,673 39,7391 n/al n/a Police _I~ 1,031,439 1,082,207 ~i 583,861 i 748,150 ! n/a ! n/a P3 - _ I - 300,000 300,000 - 300,000 n/a i n/a Interfund Loans 601000i 10,000 j 10,000 10,000I 10,000 n/al n/a Unreserved (897,232)! (143,038)I 2,865,827 5,284,811 i 319,450 4,703,566 n/a i n/a Total Endin~ Fund Balance $ 7,264,663 I $ 8,191,780 I $ 8,456,609 I $14,183,880 I $ 9,998,444 I $14,560,799 i $ t8,042,665 i $ 3,491,867 I 24.0% Note 1: These expenditures occur primarily during the winter months. Note 2: Includes contingency, unallocated P3 and vision premiums. 1/21/999:25 AM MEETING DATE: February 2, 1999 ITEM// CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ 3,105,979.80 Expenditure Amt: $ 3,105,979.80 Contingency Reqd: ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Fe~ngton, and that I am authorized to authenticate and certify to said claims. .... ...................... .................................................................................................... CITY MANAGER RECOMMENDATION: APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # FIRST READING ENACTMENT READ RESOLUTION # CCCOVER-5/24/94 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Community Development Block Grant (CDBG) Economic Development Set-Aside CATEGORY: BUDGET IMPACT: N/A X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMA.TION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: A memo to Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated January 15, 1999. This includes the Housing and Community Development Plan Four-Year Strategies with the proposed revision and a document entitled CDBG Approaches to Economic Development. SUMMARY/BACKGROUND: At the request of the PRHSPS Committee, Human Services staff prepared a proposal to set aside 15% (approximately $100,000) of the annual Community Development Block Grant (CDBG) allocation for eligible economic development activities. The flexible set-aside would be included within the existing competitive application process. The attached memo details the process for establishing a set-aside and discusses the implications to the CDBG program. CITY COUNCIL COMMITTEE RECOMMENDATION: At the regular meeting of the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee on January 25, 1999, the committee voted 2-1 to forward the following recommendation to thc City Council -- PRHSPS Committee recommends an amendment to the Community Development Block Grant (CDBG) Four-Year Strategies that adds a funding criterion to the second strategy. The additional criterion to set aside 15% (approximately $100,000) of the CDBG each year for CDBG eligible economic development activities within the City. The set-aside is to be initiated during the year 2000 CDBG funding cycle, which begins in March 1999. CITY MANAGER RECOMMENDATION: ~ ~ ....................................................................................................................................................................................................... .... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # It~ 5A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Subject: January 15, 1999 Camron Parker, CDBG Coordinator ~ Economic Development Strategies using the Community Development Block Grant BACKGROUND During the October 12, 1998 Parks, Recreation, Human Services, & Public Safety (PRHSPS) Committee meeting, Human Services staff presented the eligible uses of thc Community Development Block Grant (CDBG). At that meeting, the Committee requested further information on eligible economic development activities under the CDBG program, and on the implications of setting aside a portion of the annual grant for such purposes. This memo outlines the process for and implications of a CDBG set-aside for eligible economic development projects. Attached to this memo are the Council adopted Housing and Community Development Plan Four-Year Strategies. (Attachment 1). These strategies include proposed new language that accommodates a funding set-aside for eligible economic development purposes. Also attached is information on economic development activities that are eligible under the federal CDBG program regulations (Attachment 2). The PRPSHS Committee's recommendation on this action item will be forwarded to City Council for consideration at the Council's regular meeting of February 2, 1999. BLOCK GRANT ELIGIBILITY AND REQUIREMENTS The purpose of the Community Development Block Grant is to help develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low-and moderate-income individuals. All CDBG projects must fall within the parameters of this mission statement. Working toward this mission, the City has the option to fund the CDBG eligible projects of local non-profit organizations or, under limited circumstances, for-profit corporations. Assistance can be given in both grant and loan form. In the past, the City of Federal Way has focused PRPSHS -- CDBG Ec Dev Page 2 of 5 predominantly on grant assistance to projects implemented either by the City itself or by non- profit organizations. All CDBG projects must (1) meet local funding strategies, (2) meet county-wide funding objectives, (3) be an eligible activity as set forth in the federal CDBG program regulations, and (4) meet one of three national objectives. During implementation, the project must submit quarterly performance measures and comply with any and all federal regulations that may apply to the project (these may include mandatory wage rates, hiring practices, environmental review, etc.). With few exceptions, CDBG projects that include assistance to for-profit businesses have an additional set of standards to meet. For-profit businesses are required to prove that the level of public benefit derived from the activity is proportionate to the amount of CDBG assistance being provided. There are two alternatives for for-profit entities to prove public benefit (most all projects use the first alternative, as the second is difficult to assess and monitor). Job creation or retention: one full-time equivalent, permanent job must be Created or retained per $35,000 in CDBG funds. If the job is to be retained, substantive evidence must be made that the job would be lost without CDBG assistance. e Provision of goods and services to low- and moderate-income individuals: at least one low- or moderate-income individual must be receive new goods or services per $350 in CDBG funds. For example, ifa for profit entity received a $35,000 CDBG loan, that business would have to document that their goods or services directly benefit at least 100 low- and moderate-residents within the business' service area. It is important to note that the job creation regulations do not mandate wage rates for new or retained jobs. It is commonly viewed that a new or retained low-wage job has little public benefit as the wage earner will remain a low- and moderate-income individual (therefore remaining eligible for human service programs). To address this, many public agencies require that new jobs be offered at a "family wage." In general, this means that new jobs must average at least $8.00 an hour and include benefits. A SET-ASIDE FOR ECONOMIC DEVELOPMENT A suggestion has been made to set aside a portion of the City's block grant each year for economic development purposes. This section discusses the process for establishing a set-aside and the implications of a set-aside. The implications are divided between general effects to the CDBG program and potential outcomes in the community. I/I 5/99 I:\BGPROJS\ECDEV\ECDEV2.DOC PRPSHS -~ CDBG Ec Dev Page 3 of 5 Process for Establishment Every year, the City hosts a competitive application process where local non-profit organizations or City departments can apply for CDBG funding. Recommendations for funding arc made by the Human Services Commission based upon thc Council adopted Four-Year Strategies. Thc City Council then uses thc same strategics to guide funding decisions. A set-aside for eligible economic development projects could bc established by amending the second strategy as follows (proposed text is underlined): Strategy Two: Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Approximately <$100,000 or 15% (choosing one)> of the annual CDBG allocation will be targeted toward projects categorized under this strategy. (proposed text also included in Attachment One) Should the Council choose to establish a set-aside, it may be implemented as follows. When the City releases its application for CDBG funding in the year 2000, special mention would be given to the existence of a set-aside. This will allow local non-profit organizations or City departments to prepare an application targeting the set-aside funds. When all CDBG applications are received, they will be individually evaluated. After evaluation, special consideration may given to applications eligible for the set aside funds. Should eligible funding requests not reach the set-aside amount, the remaining amount would become available to the general applications. Should funding requests exceed the set aside amount, applications eligible for the set-aside will be ranked and recommended for funding up to the established amount. Eligible applications that are excluded from the initial set-aside recommendation may continue to compete with the general applications. Implications: Effects on the CDBG Program An economic development set-aside will impact the CDBG program in several ways. In general, a set-aside can be beneficial. A set-aside adds a measure of stability to CDBG funded programs. Under a competitive application process, the applicant can be assured that there will be a dedicated source of funds to apply for every year. A set-aside will also guarantee a diverse project assortment in the annual CDBG portfolio. On the other hand, a set-aside will decrease the program's flexibility and will limit the funding discretion of the Council. The block grant program, at just over $650,000 in 1999, currently has a federal cap for grant administration ($73,000), a federal cap for human service programs ($83,500), and a quasi-set-aside for the Housing Repair Program (funded every year, averaging $150,000). Assuming a $100,000 set-aside for economic development, less than $250,000 will remain in discretionary CDBG funds. This also permits a scenario where the Council may be obligated to approve a project with dedicated funds while turning away potentially more suitable projects that do not qualify for the dedicated funding source. A set-aside will also effect how CDBG addresses local plans and policies. CDBG projects have continuously worked toward achieving the goals within the Comprehensive Plan. Diversifying project types to include economic development will broaden the number of plan goals that the i / 15/99 I :\BG PROJ S\ECDE V\ECDEV2.DOC PRPSHS -- CDBG Ec Dev Page 4 of 5 CDBG program addresses. Similarly, the set-aside will promote a balanced distribution of projects among the City's three CDBG funding strategies. Implications: Outcomes in the Community The impact of a set-aside will ultimately take shape in the community. Public investment in economic development will help guide private development in Federal Way toward the community's long term vision. Targeted improvements to an area's public amenities (such as new or improved parks) and infrastructure (rebuilding streets, sidewalks, and utilities) act as a catalyst for private investment. Public amenity and infrastructure projects can often be large in scale. If the CDBG set-aside is to fund these types of projects, other sources of significant public or private investment will have to be identified for a project to be implemented (this issue is discussed in Attachment Two). Public investment through the block grant will also help ensure that the economic development needs of low- and moderate-income residents are being met. This may take the form of upgraded public infrastructure in a predominantly low- and moderate-income neighborhood, or funding a portion of a new community facility. Also, certain block grant funded projects may require job creation as a measure of public benefit. New jobs, at family wage levels, will help diversify the city's job base and may help move families above low- and moderate-income levels. SUMMARY The mission of the Community Development Block Grant (CDBG) is to help develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low-and moderate-income individuals. Eligible economic development projects can assist in achieving this mission. A set-aside for economic development activities can be established by the City Council through an amendment to the adopted Four-Year Strategies. Such an action will work to encourage a diverse project assortment in the annual CDBG portfolio. STAFF RECOMMENDATION For the purposes of encouraging a diversity of CDBG project types and for the purposes of meeting the economic development goals of the Comprehensive Plan, establish a set-aside within the CDBG program to fund eligible economic development projects. The set-aside would be of a targeted amount ($100,000) or percentage (! 5%) of the annual CDBG allocation and be expressed by amending the CDBG Four-Year Strategies (as attached). The set-aside would begin for the year 2000 CDBG application cycle. I/I 5/99 I:\BGPROJS\ECDEV\ECDEV2.DOC PRPSHS -- CDBG Ec Dev Page 5 of 5 COMMITTEE RECOMMENDATION o The Committee recommends maintaining the past practice of considering economic development projects within the annual competitive application process and having no specific set aside of CDBG funds for economic development activities. The Committee forwards this recommendation to the full City Council for consideration at the February 2, 1999 meeting. The Committee recommends to the full City Council an amendment to the CDBG Four-Year Strategies which adds a funding critel~o the second strategy. The additional criterion to set aside approximately $100,000 O1~ 15~'~ (choosing one) of the Community Development Block Grant each year for CDBG eligl'bl~conomic development activities within the City. The set-aside is to be included in the year 2000 CDBG funding cycle. The Committee forwards this recommendation to the full City Council for consideration at the February 2, 1999 meeting. The Committee forwards to the full City Council a recommendation of its choice for consideration at the February 2, 1999 meeting. IA~REPORT: r c?Committee Member Committee Member . I/I 5/99 15BG PROJS\ECDEV\ECDEV2.DOC ATTACHMENT I HOUSING AND COMMUNITY DEVELOPMENT PLAN FOUR-YEAR STRATEGIES, 1996-1999 The Housing and Community Development Plan evolved from the 1993 Community Development Block Grant (CDBG) Local Program Policies. The four-year strategies within the Plan were developed in 1994 and updated in 1995. These strategies provide guidelines for the allocation of CDBG funds and are consistent with the City's Comprehensive Plan developed under the Growth Management Act and the Human Services Comprehensive Plan. GOAL STATEMENT Service needs for City residents far outweigh the availability of resources. As a relatively newly incorporated jurisdiction with a large and diverse population, the City is faced with the challenge of providing services that address needs in the areas of affordable and special needs housing, human services and community development. The City will use CDBG funds to develop a viable community in which quality of life is enhanced by providing decent housing and a suitable living environment and expanding economic opportunities for low- and moderate-income persons. OBJECTIVES To fund projects which address local needs and strategies To ensure that the basic human services needs of low- and moderate-income persons are addressed To adequately address the City's housing needs to accommodate projected growth in low- and moderate-income households, as well as senior and special needs populations To preserve the existing housing stock To stimulate economic development and strengthen the City's infrastructure Four-Year Strategies Page 2 of 5 ATTACHMENT I NEEDS The City of Federal Way has identified housing and non-housing community development needs through public involvement activities, studies, needs assessments, and planning processes. Public and Community Facilities Improvements - Senior and Community Centers, Child Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities which predominantly serve low- and moderate-income persons and address severe health and safety problems. Housing - Affordable housing for low- and moderate-income people, seniors, special needs populations, transitional housing and emergency shelters, and preservation of existing housing stock. 3. Accessibility - Modifications to community facilities and existing structures to remove barriers and improve safety conditions especially for elderly and disabled persons. Infrastructure Improvement - Neighborhood revitalization projects such as Surface Water Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation Improvements, and Street Lighting. Public Services - Projects which meet the following City Council human services goals: support basic human needs through funding of emergency services; support a strong service delivery system that increases public safety; provides support that supplements federal, state, and county programs designed to increase self-sufficiency and independence; and ~. support service models that improve community-based collaboration and build strong neighborhoods. 6. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource development and potential annexation areas. 1/26/99 I:\BGG ENRAL\BGSTRATS.DOC Four-Year Strategies Page 3 of 5 ATTACHMENT I STRATEGIES The City of Federal Way adopts the following three strategies to guide funding decisions for the annual Community Development Block Grant allocation. Strategy #1 Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate-income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. Activity 1 Preservation of housing stock in existing neighborhoods has been cited as an important community value in Federal Way, one which played a large role in the community's decision to incorporate, The City will maintain a Housing Rehabilitation Loan and Grant Program to maintain health and safety standards in the homes of low- and moderate- income households and persons with disabilities. Activity 2 According to established service providers, suburban homelessness is increasing. There is a limited supply of transitional and emergency shelter facilities in South King County to meet this overwhelming need. The City will continue to support local and regional shelter and transitional housing service providers. The City will encourage and support more homelessness prevention services, including youth shelter services. Activity 3 The City will explore a variety of methods to increase the supply of affordable housing for low- and moderate-income families. The City will: · Consider participating in a South King County regional entity to address housing needs. · Assess the value of pooling technical resources between jurisdictions to assist in the development and implementation of housing policies and programs. · Look at the benefits of collaborative efforts to coordinate local government money and resources in a way that will attract greater private and not-for-profit investment into affordable housing. · Consider funding homeownership programs such as downpayment assistance, sweat equity, homebuyer education, community land trust or those that reduce development costs or reduce mortgages. 1/26/99 I:\BGGENRAL\BGSTRATS.DOC Four-Year Strategies Page 4 of 5 ATTACHMENT I Strategy #2 Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Approximately <$100,000 or 15% (choosing one)> of the annual CDBG allocation will be targeted toward projects categorized under this strategy. Activity 1 The City will seek opportunities for public funding of capital facilities, services and infrastructure by working with the Human Services Commission, and soliciting input from the Management Team. Activity 2 The City will consider funding public and community facilities improvement projects which address safety and accessibility issues particularly for the well-being of youth, elderly, and disabled persons. Activity 3 The City will consider funding projects which encourage community development activities such as job creation, downtown and neighborhood revitalization, and those activities consistent with the City's Comprehensive Plan and Human Services Comprehensive Plan. Activity 4 The City will consider funding capital transportation improvement projects which connect low- and moderate-income housing areas with vital services in the City. Strategy #3 Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. Activity 1 The City recognizes that problems faced by children and their families are complex in nature and can result in dysfunction and tragedy if not addressed holistically. Solutions to complex problems often require a variety of interactive approaches designed to create environments which provide people with the tools to help themselves. The City will fund projects and agencies with a holistic approach to service delivery and demonstrate the ability to leverage funds and network with other service providers. 1/26/99 I:\BGGENRAL\BGSTRATS.DOC Four-Year Strategies Page 5 of 5 ATTACHMENT I Activity 2 The social environment for youth is often volatile and filled with life-threatening circumstances. Collective efforts between local community organizations, the School District, and the City, may provide effective solutions that positively impact the young people in Federal Way. The City will consider funding projects which provide "at-risk" youth with more recreational and educational alternatives. The City will fund projects and public service agencies which assist families with children in the areas of employment and youth services. Activity 3 The City will participate in regional and local planning activities with King County, the South King County Community Network Board, and other funders and jurisdictions to coordinate funding approaches, policies and service delivery which facilitate a continuum of care for people. Activity 4 Planning and administration funds will be used to administer the City's CDBG program and when additional planning funds are available, special planning projects will be considered. 1/26/99 I:\BGGENRAL\BGSTRATS.DOC ATTACHMENT 2 APPROACHES TO ECONOMIC DEVELOPMENT The Community Development Block Grant (CDBG) is bound by a categorized list of eligible activities. These activities are issued in federal CDBG regulations. Recipients of the grant have the ability to choose and fund any project that (1) can be classified as an eligible activity and (2) meets one of three national objectives. Using the federal regulations of the CDBG program and the City's Comprehensive Plan as a base, three economic development approaches arise. These approaches fall within the federal regulations while meeting numerous Comprehensive Plan goals and policies. After each approach is described, sections will discuss potential implementation steps and will identify additional public funding sources to support the approaches. ECONOMIC DEVELOPMENT APPROACHES As stated in the City's Comprehensive Plan, "the vision for economic development in Federal Way is a focused economic development strategy intended to build a diverse economy and to achieve a better jobs and housing balance. The strategy encourages or speeds up the trends and transformations that are already occurring in this community." The Community Development Block Grant (CDBG) can assist in achieving this vision through the means of a coordinated approach. Three potential approaches are outlined below. Approach One: Downtown Development The Community Development Block Grant has the capacity to further a majority of the Center City goals within the Comprehensive Plan. This capacity can be tapped through specific CDBG eligible activities. A downtown development approach may focus on one or more of the following activities. )~ Public improvement activities in eligible areas This is the category under which the 1999 Intemational District project is placed. CDBG will fund sidewalk and accessibility improvement within the district. This is an eligible activity because the district is within an area where 51% or more of the residents have low- to moderate-incomes, and because the sidewalks are a direct benefit to citizens who can walk to the area (the local residents). Many of the other improvements planned for the International District are not CDBG eligible because they benefit the city as a whole rather than a specific low- and moderate-income neighborhood. Likewise, other public improvements can be undertaken in the area with block grant funding as long as the majority of the project's benefits are realized by the adjacent low- and moderate-income residential neighborhood. Economic Development Approaches Page 2 of 4 ATTACHMENT 2 Activities which support affordable housing development The Comprehensive Plan's ultimate vision for Downtown Federal Way is a high density, mixed use, transit friendly urban center. The impending Regional Transit Authority (RTA) transit center siting is one step toward achieving the transit friendly part of the vision. The block grant can play a significant role in achieving the mixed use part of the vision through activities that support new housing construction. Specifically, CDBG can fund acquisition and preparation of sites for affordable housing development or mixed use commercial development that includes an affordable housing element. Direct assistance to for-profit corporations CDBG can assist for-profit entities developing in the downtown area, if they agree to prove public benefit through creation of jobs for low- and moderate-income residents. The opportunities for this type of assistance would be limited in the downtown area due to the types of jobs that would likely be created. The majority of job growth in the downtown will in the office and retail sectors. Office development may not be able to provide enough jobs suitable for low- and moderate-income individuals to meet the public benefit requirements. Retail development will provide jobs suitable for low- and moderate-income residents, however they may not be able to offer wage and benefit levels that move new employees beyond low- and moderate-income status. Approach Two: Small Business Development Through special allowances in the block grant program, there are two activities by which small businesses can be assisted with CDBG without the burden of proving public benefit through job creation. In both cases, assistance must be given to either a business owner that is a low- or moderate-income individual, or to a business with a service area completely within a low- and moderate-income neighborhood. Facade improvement program The block grant can fund design and construction costs associated with improvements to the facade of a commercial structure or improvements that correct code violations. This activity could dovetail with the Downtown Development approach if the commercial structures being improved were in the downtown area. A facade program would be administered by either the City or by a non-profit organization. Applicant intake, eligibility, monitoring, and loan servicing (if assistance is given in loan form) would be performed by the City, a non-profit, or combination of both. Construction or design work would be contracted to a local architecture or construction firm. Microenterprise assistance A microenterprise is a business having five or fewer employees, one or more of whom owns the business. Small loans or grants (typically less than $5,000) are given to microenterprise business owners to fund start-up or expansion costs. In most microenterprise programs, the loan or grant is packaged with some type of technical assistance in the form of entrepreneurial or basic accounting education, computer training, etc. Such a program would 1/26/99 I:\BGPROJS\ECDEV\EDSTRATS.DOC Economic Development Approaches Page 3 of 4 ATTACHMENT 2 be administered by the City, a non-profit, an institution of higher learning (most likely a community college), or a combination of the former. If assistance is given to a small business, the loan or grant contracts will stipulate that a majority of low- and moderate-income residents must benefit from the activity receiving public funding for the life of that funding. For example, a loan is given to a locally owned, non-franchise mini- mart within a low- and moderate-income neighborhood to improve their facade and correct code violations. After two years the business is changed to a golf pro shop. The service area of the business now expands to include a majority of moderate- and high-income neighborhoods. At this point, the full amount of the CDBG loan becomes due and payable. Approach Three: Business Park Development: Light Industry Many of the economic development activities eligible under the block grant are geared directly toward industrial development. This is due to the fact that jobs created in the manufacturing industry are likely to offer higher-level wages ("family wages"), which will reduce a family's dependence upon other human services. A program to encourage light industrial development within business parks will diversify the city's job base (manufacturing accounts for 3.8% of the jobs in Federal Way) while providing higher paying jobs for low- and moderate-income residents. CDBG can fund acquisition, construction, rehabilitation, or reconstruction of industrial projects if the improvements are carried out by the city or by a non-profit agency. Assistance to for-profit entities undertaking light industrial development can be given in the form of loans, loan guarantees, interest write-downs, grants, or technical assistance. In all cases, public benefit must be proven (job creation or retention). The City can increase its impact on economic development by coordinating block grant funding with other private and public funding sources. Additional public funding sources exist at every level of government. The Department of Housing and Urban Development, the Small Business Administration, and the Economic Development Administration are all potential sources for additional public investment. At the state level, the Department of Community, Trade, and Economic Development, the Housing Finance Commission, and the Public Works Trust Fund, may also be viable funding sources for economic development activities. All the funding sources mentioned above will require the City to compete for funds. New local funding sources, such as a Local Improvement District (LID) or a Business Improvement District (BID) will not require competition and will be most effective in gaining participation of local property and business owners. LIDs and BIDs are both special self-assessments made by property or business owners within a specified boundary to fund specified projects. LIDs are designed to fund for public works projects. BIDs are designed fund business improvement programs (such as banners, festivals, cleaning and safety programs) and parking structures. The block grant can be used to supplement funds collected through both types of special self- 1/26/99 I:\BGPROJS\ECDEV\EDSTRATS.DOC Economic Development Approaches Page 4 of 4 ATTACHMENT 2 assessment. For LIDs alone, CDBG could be used to pay the assessment of low- and moderate- income property and business owners. IMPLEMENTATION Any of the economic development approaches within this memo will be new programs for the implementing agency (either the City or a local non-profit organization). The one exception to this being public infrastructure improvement projects. The various approaches described have differing levels of organizational complexity and will require different types of partnerships to implement an approach. The chart below describes how each approach may be implemented. APPROACH DOWNTOWN DEVELOPMENT JPOTENTIAL IMPLEMENTATION Public improvement activities Identify CDBG eligible projects in Comp Plan or CIPs -- complete with annual set-aside (partner CDBG w/LID or BID) Affordable housing development Release a Request for Proposals -- separately or through annual competitive application process Assistance to for-profits SMALL BUSINESS DEVELOPMENT Identify entity to market, intake, negotiate, loan service, and monitor (King Cty Ec Dev Dept, EDC, Chamber of Comm) Facade improvement program or Identify entity to market, intake, negotiate, loan service, and Microenterprise assistance monitor (City or Chamber of Comm w/bank or credit union) BUSINESS PARK DEVELOPMENT: LIGHT INDUSTRY Assistance to for-profits Identify entity to market, intake, negotiate, loan service, and monitor (King Cty Ec Dev Dept, EDC, Chamber of Comm) 1/26/99 I:\BGPROJS\ECDEV\EDSTRATS.DOC CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATI'ACHMENTS: A Finance, Economic Development and Regional Affairs Committee (FEDRAC) report as recommended January 12, 1999, by the Insurance Selection Committee and approved at FEDRAC's regular January 26, 1999, meeting. COUNCIL COMMITTEE RECOMMENDATION: A~er considering the staff report and the Insurance Selection Committee's recommendation on the Insurance Coverage Comparison and Recommendation presented at the January 26, 1999, meeting, FEDP~C recommends to full Council that they approve the Insurance Selection Committee's recommendation to accept St. Paul's proposal to provide insurance coverage for the City including the including the addition of earthquake coverage and the elimination of the back wages exclusion from the City's existing coverage; and to authorize the City Manager to enter into a professional services contract with Raleigh Schwarz and Powell to provide insurance broker services for a period of three years. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # ~S AGD.DOC CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: January 21, 1999 Finance, Economic Development & Regional Affairs Committee Iwen Wang, Management Services Director Insurance Coverage Comparison and Recommendation As we have reported to the Committee before, the Insurance Selection Committee recommended the City select Raleigh Schwarz and Powell as the City's insurance broker, and to compare the premiums, coverages, and services of the two lowest insurance proposals from St. Paul and Hartford. SELECTION COMMITTEE RECOlVI3/1ENDATION: The Selection Committee met on January 12, 1999 to review the attached comparison material. The Committee unanimously recommended the City select St. Paul based on the differences in deductibles, coverages, and reference checks. They also suggested that the additional premium estimate be provided wherever possible to achieve a better comparison. Coverage and Premium Comparison: The table below shows what staff was able to obtain in additional premium reformation to provide such a comparison. As indicated, we were not able to get data to bring all coverage into comparability. The City's existing premium without earthquake and back wages coverage is $210,893. sa e OPosal Package Premim Including.Earthquake St. Paul $19~,~fi0 [ Hartf°rd/PENCO PYermum Adjustments to level exclustons/rleductit~les/lim~ts d~ ~]erences oJ the two proposals: 1. Property damage deductible: $5,000 $10,000 Additional Cost to lower the deductible: $422 2. Earthquake coverage deductible: $50,000 $268,000 Additional Cost to lower the deductible: $25,000+ 3. Co-insurance requirement (Property): N/A 90% Additional Cost: $? 4. Extra Expense for business interruption (Property): N/A 40%-80%-100% Additional Cost: $? 5. Special activities liability exclusion: Not excluded Gymnastics, ice hockey, football, carnivals, leased workers, amusement devices, trampoline. Additional Cost for gymnastics coverage only: $2,500 6. Back Wages Exclusion (public official liability): Not excluded Additional Cost for adding the coverage: $2,500 7. Above Ground Pollution: Included Additional Cost for adding the coverage: $? 8. Public Official Liability coverage: $5 million $2 million Additional Cost to increase the coverage: $? Adjusted Premium: $199,190 $206,571+ Finance, Economic Development & Regional Affairs Committee Insurance Coverage Comparison and Recommendation January 21, 1999 Page 2 Both insurers agreed to work with the City to reasonably accommodate the City's needs in defense counsel selection, but neither will give up their authority to make the decision. Both insurers agreed to provide a three-year rate guarantee as long as the City's claims stay under a specific loss ratio, with St. Paul's term being more favorable. In addition to comparing the coverages and premiums, we also contacted both carriers' past and current municipal customers for references. The results indicate both compames will be able to serve the City well with St. Paul probably being the more responsive. COMMITTEE ACTION: Approve and forward to full Council for action the Selection Committee's recommendation to accept St. Paul's proposal to provide insurance coverage for the City including the addition of earthquake coverage and the elimination of the back wages exclusion from the City's existing coverage; and to authorize the City Manager to enter into a professional services contract with Raleigh Schwarz and Powell to provide insurance broker services during a period of three years. k:~Fin~n~e\=X991NSRNC.DOC MEETING DATE: February 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Resignation letter of Lawrence Cater SUMMARY/BACKGROUND: Arts Commissioner Lawrence Cater resigned his position as Arts Commissioner on January 20, 1999, leaving one vacancy on the commission. It is the consensus of Councilmembers to appoint first alternate Frances Veiling to fill the unexpired term through January 1, 2001. The commissioner introduction and certificate will be presented at the regular meeting on February 16, 1999. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: To make commission appointment as recommended by Council of Whole. ."~ ~ .t / .~. ' ............................................................................................................................................................................ t.:::..--..4.....: .......... 0 .......... )' ............................. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~d/'/ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # design for mca~etlncj communications Janua~ 20,1999 To: Federal Way City Council Dear Sirs; This letter is to notify you that because of my participation with other city improvement organizations and various public art projects in Federal Way I am forced to resign my position on the Federal Way Arts Commission effective immediately. I have enjoyed working on the Commission and because of the nature of some of the other projects that I'm involved in, look forward to working with the Commission members in the near future as we all move forward in developing the various public art projects that are now in the planning stages. Sincerely, Lawrence L. Cater P.O. Box 4971~, Federal LUoV, LUashlngton 9806.~ ~el: £5.~.946 ~185 fax: £5 .~.946.10q I ernell: LCater~aol.com MEETING DATE: February 2, 1999 ITEM# "~-~_) CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION ORDINANCE STAFF REPORT BUSINESS PROCLAMATION HEARING STUDY SESSION FYi OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND: American Janitorial Services is under contract with the City to provide cleaning, linen and room setup services at Dumas Bay Centre and Knutzen Family Theatre. The original contract for services was in effect from January 1,1997 through December 31, 1997. There have been four amendments to date to the contract as follows: 1) increased the compensation due to increased usage of the Centre; 2) extended the term for one year and increased the compensation; 3) increased the compensation due to the inclusion of the theatre cleaning; 4) increased the compensation due to the increase in state legislated prevailing wages for 1998. The Fifth Amendment would extend the term of the agreement for one year, from January-December 31, 1999. In 1999, staff will do research to determine the most effective and financially beneficial plan for providing cleaning and room setup services for the facility. Staff is interested in comparing the benefits and costs of contracting versus hiring an employee(s) for these services. CITY COUNCIL COMMITTEE RECOMMENDATION: At their January 26, 1999 meeting, the Finance/Economic Development and Regional Affairs Council Committee passed a motion approving the Fifth Amendment to the American Janitorial Services contract in the amount of $72,400 for the term Janu~ 1-December 31, 1999. , ...C...I...T....Y....M...~...A....G...E.....R' ~COMM.E..NDATION: ..A..pproval of committee recommendation. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC~5/14/96 CITY OF FEDERAL WAY CITY COUNCIL FINANCE AND ECONOMIC DEVELOPMENT AND REGIONAL AFFAIRS COMMITTEE Date: From: Subject: January 20, 1999 Mary Faber, Recreation and Cultural Services Manager Contract Renewal for American Janitorial Services Background: American Janitorial is under contract with the City to provide cleaning, linen and room set-up services at Dumas Bay Centre and Knutzen Family Theatre. The company, owned by Robert Fritz, performs all the general cleaning services at the facility. The original contract for services was in effect from January 1, 1997 through December 31, 1997. There have been a number of amendments from that date which are described below: First Amendment effective August 1, 1997 increased the amount of compensation paid the contractor due to the increased usage of the Centre and the need for adding more hours of cleaning services than originally projected. Second Amendment effective January 1, 1998 through December 31, 1998 extended the term of the contract for one year and increased the compensation. Third Amendment effective August 15, 1998 included additional services to clean Knutzen Family Theatre and increased the compensation for those additional services. Fourth Amendment increased the amount of compensation due to the increase in state legislated prevailing wages for 1998. The Fifth Amendment, which is currently under review in the Legal Department, would extend the term of the agreement for one year and increase compensation to accommodate for prevailing wage changes. Staff is requesting an additional one year extension to the contract for the following reasons: The original contract was developed for one year rather than a two or three year contract because it was the first agreement for these services at Dumas Bay Centre and we felt it was in our best interest to renew or re-bid the contract after one year if the services were not satisfactory. Normally, this type of contract would be developed for a two year period and amended once for another two period if the services were satisfactory. Staff is interested in comparing the benefits and costs of contracting vs. hiring an employee/s for these services. With the construction and opening of the Theatre, there were not sufficient resources to do this type of analysis in 1998 and we are requesting a renewal of the contract for one year. In 1999, staff will do research to determine what is the most effective and financially beneficial plan for providing cleaning and room set-up services for the facility. Committee Recommendation: Motion to approve the Fifth Amendment to the American Janitorial Services contract in the amount of $72,400 for the term January 1-December 31, 1999. APPROVAL OF COMMITTEE REPORT: G:\CLERIGCMTE.REC 3/11/96 FIFTH AMENDMENT TO JANITORIAL SERVICES AGREEMENT FOR AMERICAN JANITORIAL SERVICES DRAFT This Fifth Amendment ("Amendment") is dated effective this 1st day of January, 1999, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and American Janitorial Services, a sole proprietorship ("Contractor"). A. The City and Contractor entered into a Professional Services Agreement dated effective January 1, 1997, as amended by the First Amendment dated effective August 1, 1997, as amended by the SecOnd Amendment dated effective January 1, 1998, as amended by the Third Amendment dated effective August 15, 1998, and as amended by the Fourth 'Amendment dated effective December 1, 1998, whereby Contractor agreed to provide janitorial services at Dumas Bay Centre, located at 3200 S.W. Dash Point Road, Federal Way, Washington (collectively, the "Agreement"). B. Section 17.2 Modification of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. The City and the Contractor desire to amend the Agreement to continue the Services described in Section 1 of the Agreement by extending the term of the Agreement, and increasing the compensation paid to the Contractor. NOW, ,THEREFORE, the parties agree to the following terms and conditions: 1. Term. Section 2 of the Agreement shall be amended to extend the term of the Agreement until December 31, 1999. 2. Compensation. In consideration of Contractor continuing to provide the Services described in Section 1 of the Agreement during the extended term of the Agreement, Section 4.1 shall be amended to increase the compensation paid to the Contractor by an additional amount not to exceed Twenty Six Thousand and no/100 Dollars ($26,000.00) for general maintenance, Forty Thousand and no/100 Dollars ($40,000.00) for cleanup and retreat setup, Two Thousand Four Hundred and no/100 Dollars ($2,400.00) for recreation classroom cleaning, and Four Thousand and no/100 Dollars ($4,000.00) for Knutzen Family Theatre cleaning for a total amount payable to Contractor pursuant to the Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment and this Fifth Amendment to be an amount not to exceed Two Hundred Thirteen Thousand Six Hundred Forty Four and no/100 Dollars ($213,644.00). 3. Full Force and Effect. Ail other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Kenneth E. Nyberg Its City Manager 33530 1st Way South Federal Way, Washington 98003 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Londi K. Lindell . AMERICAN JANITORIAL SERVICES By: Robert Fritz Its: President P.O. Box 5311 Kent, WA 98064 (253) 854-7189 A: American. 5 01'/20/99 (sf/Parks) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Heritage Woods Division 2 Final Plat, SUB98-0003 CATEGORY: BUDGET IMPACT: ~ CONSENT ORDINANCE BUSINESS HEARING FYI ~X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ none Expenditure Amt: $ none Contingency Reqd: $ none ATTACHMENTS: January 26, 1999, staff report with attachments to City Council/Land Use Transportation Committee, including the draft Final Plat Resolution which is Exhibit E. SUMMARY/BACKGROUND: The applicant has submitted a request for a final plat approval for Heritage Woods Division 2, a 66 lot Division of Heritage Woods. The preliminary plat was originally approved by the Federal Way City Council on October 20, 1992, in conjunction with a project related rezone request. The City Council Land Use/Transportation Committee (LUTC) reviewed the final plat request at their February 1, .............................................................................................................................................................................................. ...................... CITY COUNCIL COMMITTEE RECOMMENDATION: LUTC review of this project is scheduled for February 1, 1999, and LUTC recommendation was not available at publication of this agenda bill. LUTC CITY MANAGER RECOMMENDATION: ~ ~,~~,a (F~;t 6 & f~'~' '~~ ......................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCILACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # L ~PRMSYS'DOCUMENT~SUB98_00 03\CCAGNDRS DOC CITY OF FEDERAL WAY MEMORANDUM DATE: To: FROM: CONTACT: RE: January 26, 1999 City Council Land Use/Transportation Committee ~Gregory Moore, AICP, Director of Community Development Services Jim Harris, Senior Planner Final Plat of Heritage Woods Division 2 - Federal Way File No. SUB98-0003 I. SUMMARY OF APPLICATION Schneider Homes Inc. is requesting final plat approval of Heritage Woods Division 2, a 66 lot division of the 111 single family lot Heritage Woods Preliminary Plat. This division will complete the Heritage Woods plat. The site is located on the west side of Military Road, generally between South 282nd and 284th Streets. The City of Federal Way granted approval of the 111 single family lot preliminary plat of Heritage Woods per City Council Resolution 92-122 on October 20, 1992. Included in Resolution 92-122 is an intent to rezone 29.5 acres of the site from RS 9.6 to RS 7.2 upon completion of the final plat. A portion of Division 1 was rezoned to RS 7.2 concurrent with City Council approval of Division 1 final plat, in February 1997. The attached staff report addresses how the applicant has fulfilled conditions of preliminary plat approval referenced in Resolution 92-122. II. REASON FOR COUNCIL ACTION As required by RCW 58.17.110, and Section 20-136 of the Federal Way City Code (FWCC), prior to approving a final plat the council is charged with determining whether the final plat substantially conforms to all terms of the preliminary plat approval, and whether the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval. Pursuant to FWCC Section 22-298, if the applicant completes development of the property in conformance with the resolution of intent to rezone and the approved site plan, then the city shall make the zone classification change approved in the resolution. The lots in Heritage Woods Division 2 have been developed in accordance with the resolution of intent to rezone, and meet the minimum standards of the RS 7.2 zoning district. City Council Land Use/Transportation Committee January 26, 1999 Page 2 Bringing this matter before the City Council Land Use/Transportation Committee for review and recommendation prior to a decision by the full council is consistent with how land use matters are currently processed by the City of Federal Way. III. STAFF RECOMMENDATION City staffhas reviewed the final plat of Heritage Woods Division 2 for compliance with SEPA conditions, preliminary plat conditions, and all applicable codes and policies. All applicable codes, policies, and conditions have been satisfactorily met. Staff recommends approval to the City Council. IV. PROCEDURAL SUMMARY Jan 14, 1991 Application for preliminary plat is filed with the City of Federal Way. Jan 10, 1992 Application to rezone a portion of the site from RS 9.6 to RS 7.2 is filed with the city. Apr 8, 1992 Mitigated Determination of Nonsignificance is issued by the city. Jun 1, 1992 Public Heating on Preliminary Plat application and rezone application by the city's Heating Examiner. Jun 16, 1992 Recommendation of preliminary plat approval and rezone approval issued by the Heating Examiner. Jun 23, 1992 Request for Reconsideration of Hearing Examiner decision filed by the City of Federal Way Public Works Director. Oct 2, 1992 Hearing Examiner issued Decision on Reconsideration granting request for reconsideration in part and denying in part. Oct 20, 1992 Federal Way City Council approved Preliminary Plat and project related rezone application. Oct 17, 1995 Hearing Examiner issues a one year extension to the Heritage Woods Preliminary Plat. Sep 3, 1996 Final plat application submitted for Heritage Woods Division Sep 20, 1996 City of Federal Way grants fifth year administrative extension, to expire on City Council Land Use/Transportation Committee January 26, 1999 Page 3 Feb l0, 1997 Feb 18, 1997 Sep 11,1997 Ju131,1998 October 20, 1997, based on 1995 amendment to RCW 58.17.140. City Council Land Use/Transportation Committee reviews and recommends approval for final plat and project rezone for Heritage Woods Division 1. City Council reviews and approves final plat and project rezone for Heritage Woods Division 1. Heating Examiner grants one year extension to preliminary plat approval to expire on October 20, 1998, unless a final plat is submitted. Schneider Homes applies for Division 2 final plat approval. V. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136(b), the City Council approves the final plat application if all criteria of FWCC Section 20-136(b) are met. Findings contained in the staff report to the City Council and in the draft resolution indicate that the application is consistent with these criteria. Additionally, pursuant to FWCC Section 22-298, the City Council approves the zone reclassification from RS 9.6 to RS 7.2 if the applicant completes development of the property in conformance with the intent to rezone. This criteria has been met, as Division 2 meets the standards of the RS 7.2 zoning district and is consistent with the approved preliminary plat. VI. COUNCIL ACTION A resolution approving the final plat for Heritage Woods Division 2 is attached to the staff report. An ordinance reclassifying a portion of the site from RS 9.6 to RS 7.2 is also attached to the staff report. ARer consideration of the staff report and recommendation, the City Council approves the plat for recording and approves the zoning reclassification by a majority vote of its membership if the City Council finds that all criteria outlined in RCW 58.17.110, FWCC Section 20-136, and FWCC Section 22-298 have been met. The applicant has requested the City Council to suspend council rules to adopt the rezone ordinance in one reading and condense the ordinance enactment time to five days from publication. (Exhibit G to Staff Report, January 18, 1999, Letter from Kenneth Peckham to Phil Watkins). L \PRMSYS~DOCUMENT~SUB98_00.03~LUTCSUMM.DOC DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval and Rezone Approval HERITAGE WOODS DIVISION NO. 2 Federal Way File No. SUB98-0003 I INTRODUCTION Date: January 26, 1999 Request: Request for final plat approval and zone map change RS 9.6 to RS 7.2, for Heritage Woods Division No. 2. Description: Heritage Woods Division 2 is a proposed subdivision including 66 single family lots. Division 2 comprises the completion of the Heritage Woods Preliminary Plat of 111 single family lots on 41 acres. The 111 lot Heritage Woods Preliminary Plat was granted approval by the Federal Way City Council on October 20, 1992, per Resolution 92-122. Included in Resolution 92-122 is an intent by the City Council to rezone 29.5 acres of the site from RS 9.6 to RS 7.2. Access for Division 2 is from Military Road at South 282nd and South 284th Streets. All required roads, sidewalks, storm drainage facilities, sewer lines, and water lines within Division 2 have been constructed. Owner: Schneider Homes, Inc. 6510 Southcenter Boulevard, Suite No. 1 Tukwila, Washington 98188 (206) 248-2471 Engineer: Dennis Alfredson, P.E. Schneider Homes, Inc. 6510 Southcenter Boulevard, Suite No. 1 Tukwila, Washington 98188 (206) 248-2471 Location: Along the west side of Military Road between South 282nd and South 284th Streets; in Section 33, Township 22 North, Range 4 East, W.M, King County (see Exhibit A - Vicinity Map). Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: No. 39 - King County School District: No. 210 - Federal Way Report Prepared By: Jim Harris, Senior Planner II HISTORY AND BACKGROUND Heritage Woods Division 2 is a proposed subdivision including 66 single family lots on approximately 15 acres (Exhibit B - Division 2 Final Plat Map). Division 2 is the completion of the Heritage Woods Preliminary Plat of 111 single family lots on 41 acres (Exhibit C - Preliminary Plat Map). The 111 lot Heritage Woods Preliminary Plat was granted approval by the Federal Way City Council on October 20, 1992, per Resolution 92- 122 (Exhibit D - Resolution 92-122). During the engineering design and review phase, the developer chose to construct the project in two phases. Division No. 1, the first phase, has been constructed and received final plat approval on February 18, 1997. The remainder of the preliminary plat was to have been constructed and have a final plat application submitted by October 20, 1998, or the remainder of the preliminary plat and project related rezone would expire. The current developer, Schneider Homes, Inc., purchased Division 2 from the original developer, Parklane Ventures, in 1997, and has completed the plat improvements. The application for final plat approval was submitted on July 31, 1998, consistent with code provisions to submit for final plat by October 20, 1998. A proposed Resolution of the City of Federal Way, Washington, to approve the final plat of Heritage Woods Division 2 is attached (Exhibit E - Final Plat Resolution). Zoning for the 41 acre site at the time of preliminary plat application was RS 9.6 for the eastern 29.5 acres, and RS 7.2 for the western 11.5 acres. Included in Resolution 92-122 is an intent to rezone the easterly 29.5 acres of the site from RS 9.6 to RS 7.2, upon final plat approval. The eastern portion of Division 2 is currently zoned RS 9.6 and the attached ordinance will reclassify this eastern portion to RS 7.2, consistent with the intent to rezone. Lot sizes on the Division 2 final plat range from 7,201 square feet to 13,348 square feet, with the average size being approximately 8,220 square feet. Staff Report Page -2- Heritage Woods/SUB98-0003 A proposed ordinance to rezone a portion of Heritage Woods Division 2 from RS 9.6 to RS 7.2 is also attached (Exhibit F- Rezone Ordinance). The developer applied for final plat approval for Division 2 on July 31, 1998. Improvements for Division 2 are now substantially complete. Pursuant to RCW 58.17.110 and Section 20- 136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) if all taxes and assessments owing on the property have been paid; and, 4) if all required improvements have been made or sufficient security has been accepted by the city. City of Federal Way staff has reviewed the final plat of Heritage Woods Division 2 for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC Section 20-135. III COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval and SEPA conditions in the same order referenced in Federal Way City Council Resolution 92-122 and the SEPA Mitigated Determination of Nonsignificance, respectively. Required improvements have been completed or financially secured as allowed by FWCC Section 20-135. Pursuant to Section 20.130.30 of the Environmental Policy Ordinance, all mitigation measures of the April 8, 1992, determination of nonsignificance are incorporated by reference as conditions of this approval. Failure to comply with the mitigation measures shall constitute grounds for suspension and/or revocation of this approval. Staff Response: See comments in Section IV of this memo regarding compliance with SEPA conditions. Approval of this proposed preliminary plat is subject to approval of rezone application number RZ92-0001. In the event that rezone application number RZ92-0001 is modified or denied, any action to approve this preliminary plat shall be deemed invalid and a new public hearing required. Staff Response: The ordinance for rezoning a portion of the site is attached and must be adopted concurrently with approval of the final plat application for Division 2. To the maximum extent feasible, existing natural vegetation shall be utilized within all landscape buffer areas as required by the Director of Community Development Staff Report Page -3- Heritage Woods/SUB98-0003 o Services. As proposed, the applicant will provide a 15-foot-wide buffer of native vegetation (Native Growth Protection Easement [NGPE]) along the rear of lots adjoining the north, south, and west property lines of the site. Staff Response: This condition has been met. With the exception of areas approved for cleating and grading, natural vegetation has been left to the extent feasible, or replanted as appropriate. The rear of the lots abutting the west and south site perimeter have a 15 foot wide NGPE. Note 10 on sheet 8 of the final plat map identifies cleating and building limitations in the NGPE. The city has also conducted an inventory of trees and vegetation in the NGPE for future reference. Prior to final plat approval, lot number 59 shall be reconfigured to be located entirely outside of any required 100 foot wetland setback area. Staff Response: This condition was met with the recording of Heritage Woods Division 1. Prior to final plat approval, all proposed usable open space shall be dedicated to the city as required by the Parks Director. As proposed, the applicant will construct tennis court facilities as approved by the Parks Director. As proposed, the applicant will erect a sign or monument regarding 'Old Military Road' as approved by the Parks Director. Staff Response: This condition was modified by approval of a Process I review. The revised condition reads as follows: Revised Condition #5: The developer will construct a minimum improvement of a 140foot by 200foot irrigated soil amended lawn area graded and seeded to Parks Department standards, and 12 park trees. $50,000.00 shall be expended for construction and material and the developer shall provide records at no cost to the city of all labor, materials, and equipment associated with the park development. Additional park amenities will be constructed by the developer if any of the $50,000. O0 budget remains after the lawn area and trees are installed. The Parks Department will provide the park improvement design of the lawn area, trees, and irrigation system at no cost to the developer. The developer will also erect a sign or monument regarding 'Old Military Road' as approved by the Parks, Recreation, and Cultural Services Department Director. Prior to final plat approval of Heritage Woods Division 1, the developer shall post a $50,000. O0 bond to ensure construction of the improvements. The open space tract shall be dedicated to the City of Federal Way with recording of Heritage Woods Division 1, and the park improvements shall be completed by the developer within 12 months of recording of Division 1, or by recording of Division 2, whichever is first. Staff Report Page-4- Heritage Woods/SUB98-0003 Staff Response: The condition has been met. Tract A was constructed and dedicated to the public with recording of Division 1. o No general site clearing or grading shall occur on or within 25 feet of geologically hazardous areas located on lots 52, 53, 56, 57, and 59. Any building construction located within these sensitive areas or setbacks shall be by piling or pier type foundation construction as required by the Building Official, to minimize grading and disturbance within the geologically hazardous area. Upon completion, all disturbed areas shall be replanted as required by the Building Official. Staff Response: This condition has been modified; see conditions 6A, 6B, 7A, and 7B below. Individual homeowners for lots 52, 53, 56, 57, and 59 shall be responsible for providing the city with services of a qualified professional engineer for purposes of reviewing and inspecting pier or piling type residential construction located within geologically hazardous areas, as required by the Building Official. Staff Response: This condition has been modified see conditions 6A, 6B, 7A, and 7B below. 6A. The landscape plan prepared by Schneider Homes (January 4, 1998) must be revised to include a mixture of evergreen and deciduous trees planted at 10 to 15 feet on center in a triangulated pattern. The proposed groundcover must be planted at 18 to 24 inches on center (not 10 feet as proposed), to achieve 100 percent cover within three years of planting. Shrubs shall be planted at 5 to 10 feet on center. The landscaping plan must be revised and approved by the Community Development Services Department prior to issuance of the grading permit. Staff Response: The condition has been met by installation of some of the landscaping and financial guaranteeing the remaining landscaping. The landscape plan has been approved, and the majority of the plant materials installed. However, due to the recent wet weather conditions, and the slope of the subject area, the remainder of the planting will occur when weather permits, by June 1, 1999, as required by the Director of Community Development Services. The developer has provided a financial guarantee in the amount of $3,648.00, which is 120 percent of the estimated cost of completing the landscaping as identified on an undated estimate by Valley Green Farms, on file with the Department of Community Development Services. 6B. Future houses for each lot (60 - 66) shall have a foundation designed by an engineer licensed in the State of Washington. A note to this effect shall be on the final plat map. Staff Report Page -5- Heritage Woods/SUB98-0003 7A. 7B. o Staff Response: This condition has been met by note 5 on sheet 8 of the final plat. All recommendations in the April 14, 1998, report by Golder Associates shall be implemented through the fill and grade project, including construction observing and testing, observing removal of the loose fill, subgrade preparing, installing of drainage blanket, structural fill compaction testing, rockery construction observing, and submitting field reports to the Public Works Department. Additionally, the geotechnical engineer shall submit to the city's Public Works and Community Development Services Departments a closing report that the project was completed in conformance with approved plans and complies with the design engineer's analysis and recommendations. Staff Response: This condition has been met. The field reports and closing report stamped by a professional engineer have been submitted to the city. Any future construction behind the building envelope which is beyond minor landscaping (such as retaining walls, home addition, and shed construction), shall be designed by a geotechnical engineer at the owner's expense and approved by the City of Federal Way prior to beginning construction. The city may also require the homeowner to pay for services of the city's geotechnical consulting engineer to review any plans. A note to this effect shall be placed on the final plat map. Staff Response: This condition has been met. A note has been included on the final plat map, and the building envelopes for lots 60 - 66 have been included on sheet 7 of the final plat. The developer shall be responsible for providing the city with services of a qualified professional engineer for purposes of reviewing and inspecting any street or utility work located within geologically hazardous areas, as required by the Public Works Director. Staff Response: This condition has been met through the construction of Division 1. 26th Avenue South and 25th Place South, and associated utilities were constructed within small portions of geologically hazardous areas. The developer provided the services of a testing laboratory to verify compaction of the roadway subbase and crushed rock courses during construction. Due to potential erosion hazard and impacts to environmentally sensitive areas, clearing shall be limited only to the months of April through October. Staff Response: This condition has been met. Site clearing and grading were generally limited to occur between April and October. Exceptions have been approved to allow clearing and grading between October and April when weather conditions were favorable. Staff Report Page -6- Heritage Woods/SUB98-0003 10. Retention/detention facilities used to control runoff from the site to off-site drainage courses shall be located in a surface water tract to be dedicated to the city at the time of final plat approval, as required by the Public Works Director, unless located within improved City of Federal Way rights-of-way. All retention/detention facilities shall be landscaped to provide a visual buffer from surrounding properties. A landscape plan shall be submitted for approval by the Director of Community Development Services prior to issuance of construction permits. Staff Response: This condition has been met. Final acceptance and dedication of the surface water system improvements in Tract E were deferred until the construction of and final plat approval for Division 2. Note 10 on Sheet 5 of 7 of Division 1 Final Plat requires that Tract E be conveyed to the City of Federal Way via a Statutory Warranty Deed upon completion of Division 2. A Statutory Warranty Deed has been prepared by the applicant, reviewed, and approved by the city, and will be recorded concurrent with the recording of the Division 2 final plat. An approved plan for buffering the storm drainage facilities was implemented with Division 1 construction. 11. Prior to final plat approval, those portions of the surface water facilities necessary to retain/detain, convey, and treat the flows discharging from the site shall be constructed and operational. Staff Response: This condition has been met. The Surface Water Pond was completed during the construction of Division 1. During the past two years, the pond has been operational and appears to function effectively. 12. A 15-foot gravel access shall be provided along the entire length of each biofiltration swale for maintenance as required by the Public Works Director. The biofiltration sWale and gravel access shall be located in a surface water tract to be dedicated to the city prior to final plat approval. Staff Response: This condition has been met. A 15-foot-wide gravel access to the biofiltration swale serving the development has been constructed. 13. In some cases, on-site surface water infiltration systems may be suitable for use on individual lots depending on soil conditions. This type of system shall be used where suitable. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at six foot minimum depth shall be submitted by a professional engineer, or soil specialist This shall include, at a minimum, information on soil texture, depth to seasonal high water, and the occurrence of ~nottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. If the soils report is Staff Report Page -7- Heritage Woods/SUB98-0003 approved, the infiltration systems shall be installed prior to occupancy of the residence. A note to this effect shall be placed on the face of the final plat map. The drainage plan and the final plat map shall indicate each lot approved for infiltration. Staff Response: This condition has been met. A soils analysis was completed as part of the design work for the plat infrastructure; the analysis found the soils to be poor in infiltration potential. As such, positive storm drainage connections to the piped storm drainage system were provided for each lot for Divisions 1 and 2, and a note to that effect has been provided on the final plat map. 14. Existing on-site surface water ponds shall be retained as part of the storm drainage system and shall be utilized as a one-cell wet pond for treatment of runoff prior to entering the detention facilities or biofiltration swale. Discharge into the pond shall be oriented to maximize the retention and settlement times of the water in the pond. The pond shall be located in a surface water drainage tract to be dedicated to the city prior to final plat approval, as required by the Public Works Director. Staff Response: This condition has been met. The existing on-site pond has been incorporated into the storm drainage system as a one-cell wet pond. Routing of the storm water has been designed to maximize the retention time and treatment effectiveness in the pond. The pond is located within Tract E, along with the other associated storm drainage facilities. Note 10 on Sheet 5 of 7 of Division 1 Final Plat requires that Tract E be conveyed to the City of Federal Way via a Statutory Warranty Deed upon completion of Division 2. A Statutory Warranty Deed has been prepared and will be recorded concurrently with the recording of the Division 2 final plat. 15. A geotechnical report shall be prepared by a licensed geotechnical engineer to address recommended designs for proposed roadways. The report shall detail soil and groundwater conditions. Recommendations to ensure integrity of future roadways shall be subject to review and approval by the Public Works Director. Staff Response: This condition has been met. GeoTech Consultants, Inc., prepared a report titled "Pavement Design Recommendations" on May 8, 1995, related to proposed street improvements in the plat. The report provided detailed soil and groundwater conditions. Further pavement design for Military Road South was provided by Jaegar Engineering in April, 1996. The design and plans were reviewed and approved by the Public Works Department 16. A temporary paved turn-around will be constructed at the westerly end of 25th Place South in accordance with Section 2.07 of the King County Road Standards. Sidewalks shall be constructed to extend through the temporary turn-around area. Temporary easements shall be provided and shall be placed on the face of the final plat as required by the Public Works Director. Staff Report Page -8- Heritage Woods/SUB98~0003 Staff Response: This condition was met with recording of Division 1. 17. A 1 O-foot utility easement shall be provided along the front of all lots and tracts located adjacent to the proposed street rights-of-way as required by the Public Works Director. Staff Response: This condition has been met. A 1 O-foot utility easement has been accommodated by Easement Provisions and Reservations note on sheet 1 of the final plat map. 18. Applicant is required to construct Military Road South to a three-lane configuration with curb, gutter, sidewalk, and bike lanes on both sides of Military Road. Staff Response: This condition has been met. In 1994 and 1996, the applicants requested modifications to requirements along Military Road South. Specifically, the requests were to reduce the width of sidewalk along the west side of Military Road; eliminate the landscape median within the left-hand turning lane; eliminate the bicycle path, curb, gutter, six-foot-wide landscape strip and eight-foot-wide sidewalk along the east side of Military Road; and widen the easterly side of Military Road an additional five feet to create a shoulder. Pursuant to Resolution 92-122 (resolution granting preliminary plat approval), minor modifications may be granted subject to Process I procedures. After issuing public notification and considering all information related to the request, the city Public Works Department issued a decision on May 24, 1996. The city granted modifications related to improvements along the east side of Military Road only. As such, Military Road was constructed to include three lanes of travel, a bike path, vertical curb, gutter, and concrete sidewalk on the west side only, and asphalt wedge curb and eight-foot-wide asphalt shoulder along the east side (to provide for pedestrian and bicycle circulation). IV SEPA CONDITIONS All development activities shall be designed and constructed in accordance with recommendations and conclusions contained in the June 19, 1990, "Report of Geotechnical Investigation," (prepared by Geotechnical Services for the proposed development), as required by the Public Works Director and Building Official. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director or Building Official for development activities located within sensitive areas. Staff Response: This condition has been met. The subdivision improvements were developed in accordance with geotechnical recommendations. The Public Works Department approved engineered plans for construction of the subdivision improvements. Staff Report Page -9- Heritage Woods/SUB98-0003 o o The Public Works Director may require that trees, shrubs, and groundcover be retained within clearing, grading, and construction limits (except where necessary for installation of approved improvements), or may require replacement of vegetation in disturbed areas until future home construction occurs. Staff Response: This condition has been met. A cleating limits plan and erosion control plan were designed by a licensed engineer and approved by the Public Works Department, and implemented during construction. Lot 59 shall be reconfigured to be located outside of the 100-foot setback of adjacent wetland areas, or an easement shall be recorded against the lot to preclude homeowner use and development of all lot area located within the required 100 foot setback, prior to recording of the final plat. Staff Response: This condition was met with recording of Division 1. A final wetland mitigation plan shall be approved by the Director of Community Development Services prior to beginning any on-site construction work associated with the subdivision. The plan shall include the following information: ao Mitigation plan including the following elements: 1) Environmental goals and objectives, including public access and buffer measures. 2) Performance standards. 3) Detailed construction plans. 4) Timing. 5) Monitoring program for a minimum of five years. 6) Contingency plan. 7) Performance bonding in an amount of 120 percent of the costs of implementing each of the above elements. bo Mitigation shall be designed to improve the functions and values of impacted wetland and setback areas, and shall include the following minimum replacement ratios for each acre impacted: 1) For forested wetlands with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height, the replacement ratio shall be a minimum of 3:1. 2) For scrub-shrub wetlands with at least 30 percent of its surface covered by woody vegetation less than 20 feet in height as the uppermost strata, the replacement ratio shall be 2:1. 3) For emergent wetlands with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata, the replacement ratio shall be 1.5:1. Staff Report Page - 10- Heritage Woods/SUB98-0003 4) The replacement ratio for all other wetlands shall be 1.25:1. Staff Response: This condition been met. See additional staff comments under sub items 4(c) and 4(d), below. A wetland mitigation, creation, and enhancement plan was approved by the city prior to issuance of final construction plans for the subdivision improvements. All required wetland mitigation improvements, except monitoring, shall be completed and accepted by the Director of Community Development Services prior to submitting the final plat for final approval. In any event, all mitigation work shall be completed within six months from the time wetland or wetland setback areas are initially disturbed through related subdivision construction activity. Staff Response: This condition has been met by installing wetland mitigation improvements and financially guaranteeing the remaining wetland mitigation. The original wetland creation plan for the Heritage Woods Preliminary Plat was required to construct approximately 34,000 square feet of wetland area. On October 28, 1998, Schneider Homes submitted a wetland monitoring report which identified approximately 11,600 square feet of the wetland creation area failed to develop wetland conditions. In response to the failure in the wetland creation area, Schneider Homes has prepared a Supplemental Wetland Creation Plan for Heritage Woods, revised January 22, 1999, by Kucinski Consulting Services. Schneider Homes has provided a financial guarantee for the amount of $32,000, to assure implementation of the Supplemental Wetland Creation Plan. The supplemental plan must be implemented by March 31, 1999, or as allowed by the Director of Community Development Services, based on weather conditions. The applicant shall pay for services of a qualified professional selected and retained by the city to review the wetland mitigation plan and other relevant information, conduct periodic inspections through the construction phase, issue a written report to the Director of Community Development Services stating the project complies with requirements of the mitigation plan, and conduct and report to the director on the status of the monitoring program. Staff Response: To date, this condition has been met. The applicant has paid for the services of the city's consulting wetland biologist to this date. Schneider Homes has also paid for the city's review of two additional two years of wetland monitoring as described in item 4(c) above. o Prior to final plat approval, the applicant shall construct downstream drainage improvements identified in the December 20, 1991, "Preliminary Drainage Analysis" (prepared by Jaeger Engineering for the site), as required by the Public Works Staff Report Page - 11- Heritage Woods/SUB98-0003 Director. In lieu of constructing these improvements, prior to final plat approval and at the discretion of the Public Works Director, the applicant may pay $60,696.00 as their pro-rata contribution towards implementation of these improvements. Staff Response: This condition was met with recording of Division 1. All homes located within this subdivision shall be properly sound insulated to achieve a level of 45 Ldn within general habitable space and 40 Ldn within bedrooms, consistent with the Uniform Building Code and other regulations, as required by the Building Official. Staff Response: This condition will be implemented during permitting and construction of homes. The condition has been met by note #20 on sheet 8 on the final plat. Any development within designated open space areas shall be designed and constructed, as required by the Director of Community Development Services, to protect and enhance wildlife habitat to the maximum extent feasible. This effort may include, but is not limited to, revegetation and restoration of disturbed areas, retention and/or replacement of significant vegetation, and use of vegetation or other features which provide habitat for native wildlife species. Staff Response: This condition has been met. Landscaping of the Military Road frontage has been completed, and the remaining landscaping behind lots 60 - 66 is financially guaranteed for completion by June 1, 1999, as discussed in item 6A above. Beyond required frontage improvements, the applicant shall construct Military Road South widened to four lanes with provisions for bicycles, sidewalks, signal modifications, illumination, street trees, and property acquisition from I-5 to South 288th Street, as required by the Public Works Director, prior to final plat approval. In lieu of constructing these improvements, prior to final plat approval and at the discretion of the Public Works Director, the applicant may pay $11,600 as their pro- rata contribution towards implementation of these improvements. Staff Response: This condition has been met. The developer was allowed to pay a pro-rata contribution in lieu of constructing street improvements beyond the frontage of the site. The amount paid for Division 1 was $4,756.00 which is 41 percent of the $11,600. The amount paid for Division 2 was $6,844.00 Prior to final plat approval, Military Road South shall be paved from the north and south termini of the required right-of-way improvements abutting the site with tapers to match into the existing pavement improvements. The tapers shall be provided as approved by the Public Works Director. Staff Report Page - i 2- Heritage Woods/SUB98-0003 Staff Response: This condition has been met. The Required Military Road improvements associated with Division 2 have been installed. 10. Prior to final plat approval, a north bound left turn lane on Military Road South at the intersection with South Star Lake Road shall be designed and constructed, as required by the Public Works Director. Staff Response: This condition has been met. A north bound left turn lane at the intersection of Military Road South and Star Lake Road has been designed and constructed to the approval of the Federal Way Public Works Department. 11. Prior to final plat approval, the applicant shall coordinate with Federal Way and King County the modification of the signals at South 288th Street and South 272nd Street, respectively, through adjustments in timing and phasing to mitigate the LOS F operations of the intersections, as required by the Public Works Director. Staff Response: This condition has been met. In conjunction with Division 1 and 2, the need for coordination has been met by installing conduit along the site's frontage on Military Road South to provide for future signal interconnect between South 288th Street and South 272nd Street. Current LOS analysis of the intersection of South 288th Street and Military Road is LOS D, not F, therefore modifications of the signal timing or phasing are not required as directed by the Public Works Director. The intersection of South 272nd and Military Road is under the jurisdiction of King County. King County has indicated that the 1992 proposed signal modifications are not desired by the county and requested the condition be waived by the Public Works Director. 12. Prior to final plat approval, the applicant shall design and construct a traffic island and signage at the intersection of South 284th Street/Military Road South to route westbound traffic from South 284th Street right only onto Military Road South, as required by the Public Works Director. Staff Response: This condition has been met. The traffic island and signage has been installed at South 284th Street and Military Road South. 13. Prior to final plat approval, the applicant shall prepare and submit for approval and recording a Transportation Management Plan (TMP) that is acceptable to METRO and the City of Federal Way Public Works Director. Staff Response: This condition has been met. The widening of Military Road South serves, in part, as mitigation for the anticipated traffic increase from the plat. The site is served by METRO along Military Road South. The applicant constructed a concrete Staff Report Page - 13- Heritage Woods/SUB98-0003 14. pad along Military Road to serve as a bus stop waiting area and for the possible location of a future bus shelter. A TMP was provided to METRO and Federal Way during the review and approval of Division 1. A minimum ten-foot-wide paved or concrete pedestrian path shall be constructed from 23rd Court South to 22nd Avenue South, prior to final plat approval, as required by the Public Works Director. The entire path shall be provided for general public use by means of dedication, easement, or other acceptable mechanism. Staff Response: This condition was completed with Division 1. V DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA mitigation have been met or financially guaranteed. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met and/or financially guaranteed, subject to the approval of the ordinance rezoning a portion of the site from RS 9.6 to RS 7.2. The plat meets the zoning standards for the RS 7.2 zoning district. 3. That all conditions of the hearing examiner and/or city council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat and rezone are consistent with applicable zoning and subdivision regulations, and ensures the public health Staff Report Page - 14- Heritage Woods/SUB98-0003 safety, and welfare is protected. The plat infrastructure has been installed and adequately bonded as discussed above. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Division 2 have been constructed or financially guaranteed. In addition, all water and sewer lines for Division 2 have been installed and approved by Lakehaven Utility District. Adequate bonding is in place with the city and Lakehaven. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VI CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Heritage Woods Division 2 meets all platting requirements of RCW 58.17.110 and Section 20-136 of the Federal Way City Code. Landscaping and wetland mitigation financial guarantees have been provided to assure completion of plat conditions. The project has been developed in conformance with FWCC Section 22-298 regarding project related rezones, and Resolution 92-122 regarding the intent to rezone a portion of the site. A recommendation of final plat approval and zoning reclassification is therefore being forwarded to the City Council for your approval. VII EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Vicinity Map for Heritage Woods 8V2 x 11 Reduced Copy of Final Plat Map of Heritage Woods Division 2 8'/2 x 11 Reduced Copy of Approved Preliminary Plat of Heritage Woods Resolution 92-122 -October 20, 1992, City of Federal Way Preliminary Plat Approval of Heritage Woods. Final Plat Resolution of the City of Federal Way, Washington, Approving the Final Plat of Heritage Woods Division 2. Rezone Ordinance Reclassifying Zoning for a Portion of Heritage Woods Division 2 from RS 9.6 to RS 7.2. Letter from Kenneth Peckham, Schneider Homes, to Phil Watkins, January 18, 1999. L ~oPRMSYS\DOCUMENTXSUB98_00 03~LUTCRPT DOC Staff Report Page - 15- Heritage Woods/SUB98-0003 i I EXHIBIT__~ I [ [ l PAGE~OF ~ HERITAGE WOC)OG DIVISION 2 Portions of the N.E. 1/4, S.W. 1/4 and S.E. 1/4, Sec. 33, Twp. 22 N., Rge. 4 E., W.M. City o! Foderal Way, Kino County, Washir~ton A replat of Tracta 'G', 'H', and 'J', Heritage Woods Divieion TRACT~ G. H & J. H£RITA(~ WO00S 0¢VISION 1, ACCO~OING TO TH[ Pt. AT TH~J~[0F RECORDED IN DIRECTOR Of' COMMUNtTY DEVELOPMENT SERVIC/S VOLUME 179 OF' PLATS. PAC.[S 76 THROUGH 8,5. INCLUSIVE, IN KING COUNTY. WA~ftINGTON. __ DAY 0~' , 19 _. DI~XCATK)N KNOW ALL PEOF'LE BY THESE PRESENTS THAT W~. THE UNDERSIGNED OWNERS Of' INTEREST IN ]HIE LAND HEREBY SUbDiviDeD, HEREBY DECLARE 11-11S PLAT TO BE ]HE GRAPHIC REPRESENTATION OF ]HE SU~OIVI~ MAI~ h~REBY. AMD DO HERE~Y OE~ICA~ TO ]Htr USE C)? ]HE PUBUC FO~E'~R ALL S~REETS AND A~DCUES NOT SHO~ AS I~VA'~E HEREON AND DEDICATE ~-IE USE THEREOF FOR ALL PIJBLJC PURPO.~S NOT INCOfCSISI~NT WITH TH~ USE THEREOF' FOR PUBLIC HIGHWAY PURPOSES. AND ALSO THE RIGHT TO MAKE ALL NECESSARY SI. OPES FOR CUTS ANO FILLS UPOH THE LO/'S SHOWN HEREON l¢ THE ORIGINAL REA~ONABL/ GRADING OF SMD STREETS ANO AVENUES. AND F~IRTHER Df.'DICATE TO THE USE OF THE PUBLIC ALL THE EAS~QENTS AND TRACTS SHO~ ON THIS PLAT FOR ALL PUBUC PURPOSES AS INI~CATED HEREON. INCLUDING BUT NOT UMI11~ TO PARKS. OPEN SPACE. UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE ~PECIRCALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBUC, IN WHICH CASE ~ DO HEREBY Df.'~NCATE SUCH S'IREETS. EASEMENTS, OR TRACTS TO THE PERSON OR ENllTY IOENTIFIED AND FOR THE PURPOSE STATED. FURTHER. ]HE UNDERSIGNED OWNERS OF THE LAND HEREBY SO~OIVIOED. WAI~/E FOR TH~'MSELVIES. THEIR h~IRS AND ASSIGNS AND ANY PERSON OR ENTITY O~RI~ING TIll~ FROM ~ UNDERSIGNED, ANY AND ALL CLAIMS FOR DIJURY OR DAMAGES AGAINST ~ C~TY O~ FEDERAL WAY. ITS SUCCESSORS AND ASSIGNS, ~WHICH AR[ BASF-D UPON TH~ DESI('.N. ESTAI~JSHMENT, CONSTRUCTION. ORERATION. OR MAJNTENANGE Of' ROADS AND/OR ORA~NAr.~ SYSTEMS WITHIN THIS SU~VIS~ON. OR UPON IMPROPER DESIGN. ESTABUSHMENT OR FNLUR£ TO OPERATE OR MAINTAIN ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION. FURTHER. THE UNOF-.RSIGNED O~NERS 0~' THE LAND HEREBY SUBDIVIDED. AGREE FOR THEMSELVES. THEIR HEIRS ANO ASSIGNS TO INDEMNIFY AND HO¢.D ~HE CITY OF' F~0~AL WAY. ITS SUCGESSORS AND ASSIGNS, NARMLESS FROM ANY INJURY OR DAMAGE, INCLUDING ANY COSTS OF DEFENSE, Ct. AIMED BY PERSOkJS WITHIN OR WITHOUT THIS SUBO~VISION TO HAVE BEEN CAUSED BY: (1) ALTERATIONS OF THE GROUND SURFACE. VEGETATION. DRAINAGE. OR SURFACE OR SUB-SURF'AGE WATER FLOWS WITHIN THIS SUBOI~ON; OR (2) BY DESIGN, ESTABLISHMENT, ORERATION. CONS'IRUCTION. OR MAINTENANCE OF THE ROADS AND/OR DRAINAGE SYSTEMS WI]ltlN IHIS SUBDIVISION; OR (5) BY IMPRO~R DESIGN, ESTABU~.-IMENT. OR CONSTRUCTION, OR FAILURE TO ORERATE OR MA/NTAIN THE ROADS AND/OR DRAINAGE ~SY~TEMS WITHIN THIS SUBOIVISION. THIS SUB0¢VISION, 0[D¢CATION, WAIVER C~ CLAIMS AND AC.~EMENT TO HOLD HARMLESS IS MAOE WI'EH TH~ FREE CONSENT AND IN ACCORDANCE WITH THE 0ESIRES OF SAID OWNERS, EXAMINED AND APPf~O~.D 1141S DIRECTOR. CITY OF FEDERAL WAY DEPARTMENT Of- PUBLIC WI3RKS EXAMINED AND APPR0~ THIS ~RECTOR. ~TYOFI~D[~AL WAY FEDERAL WAY OTYCO~ EXAMINED AND APPROVED 1HIS __ DAY OF , 19 BY: GLt'RALD E. SCHNE'JDER. PRES. KEY~IANK NATIONAL ASSOCIATION. I SCHNEIDER HOMES. INC. A NATIONAL BANK BY: AS LENDER ONLY STATE Of' W.~INGTON /SS COUNTY OF I GERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE 1}IAT C~'RALD E. S(~'INIFIDER IS TH[ PERSON WHO APPEARED BEFORE ME. ANO SAJO P~SON ACKNOWt. EDGED THAT (HE/SHE) SIGNED THIS INSI'RUMENT, ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE ~RESIDENT OF ~_ TO BE THE FREE AND VOLUNTARY ACT OF' SUCH PARllES FOR THE US~S AND PURPOSES MEN11ONED IN THE INSTRUMENT. DATED NOTARY PUI~.JC MY APf~IMENT EXP1RES STATE OF WASHINGTON ~ /SS COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT IS THE PERSON ~fr¢O APPEARED BEFORE ME. A~ ~O ~IS INS~UM~T. ON OA~ STA~D ~AT ~S~UMENT AND A~NO~DCED IT AS ~E TO BE ~ ~EE ~0 ~UNTARY ACT OF SUCH PAR~ES F~ ~E U~S AND ~RPOS/S MENACED ~ ~[ INS~MENT. DASD SI~A~RE NOTARY ~C MY AP~N~ENT EX. RES SI~UCTURES, FILI~ OBSTRUCTIONS, OR IMPROVEMENTS OF ANY KIN0 (INCt-UDING BUT NOT UMITED TO DECKS. pA190$. C4JI~UILDINGS. SHEDS, OB 0VI[HHANOS) SHALL NOT BE PERMITTED BEYOND THE BUILDING SE~ACK UNE OR WITHIN THE DRAINAGE EASEMENTS. AD0¢TIONALLY. GRADIN0 ~HALL NOT B" "LOYW[D WITHIN THE DRAINADE EASEMENTS AS SHOWN ON THIS PLAT UNLESS OTHERWISE APPROVED qNG BY ]HE CITY OF FEOERAJ- WAY PUBUC WOR'KS DEPARTMENT. SUB 91-0001 + SUB 98-0003 SH~-r ~ OF e MAYOR, OTY OF FEDERAL WAY KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS -- DAY OF , 19 . KING COUNTY ASSESSO~ ACCOUNT NUMBER __ DEPUTY KING C(XJNTY ASSESSOR I HEREBY CERTIFY' THAT ALL PROP~TY TAXES ARE PAID, THAT "*91~RE ARE NO D£UNQUENT SPECIAL ASSESSMENTS GERTIFIF. O TO THIS 0t-"RCE FOR C0U. EC11ON AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO 1HIS ~ FOR C0t. LECTION ON ANY Of' THE PROPERTY HEREIN CONTAINED. DEDICATED AS S3REETS. ALLEYS OR FOR O3H[R PU~JC USE ARE PAID I1~ FULL. THIS DAY OF . 19. FINANCE DIVISION MANAC,~, FINANGE Dtvi~ON DEPUTY SURVEYOR'S C~:~CATE I HEREBY C~11F"Y THAT THIS PLAT OF HERITAGE ~ 01VIS, ON 2 IS BASED UPON AN ACTUAL SURVEY AND ~UBOIVISION IN SEC'[1ON 55. TOIt~I~HIP 22 NORTH. RANGE 4 EAST. W.M., THAT THE COURSES AND DISTANGES AR[ SHO~ COR~CI~.Y HEJ~0N. THAT THE MONUMENTS WILL BE SET AND TH[ LOT ANO BI.O~ C~N[BS WILL RE SYAI(ED CO~REC]~.Y ON ~dE (~0~O AS CONSmUCTION IS COMPLETED AN0 THAT I HAVE FULLY COM~ WITH IHE PR0~ISIONS OF TH[ PLATI1NG REGULATIONS. dAMES M. BRO~q, P.LS`. C~RTIFICATE No. 34154, DALEy-M 0RROW- POBLE TE, INC. KI~I?, WA, 98032 (253) B$4--S344 EA,.qEIVI~NT RE~:IVA11ONS AN EASEMENT IS H~Y RESERVED EOR AND GRANTE. D TO PUGET SOUND ENENCY. U.S. GE:ST CO~MMUNICATIONS COMPANY, ANY CABLE TELEVISION CO¢~PANY AND THEIR RESPECTIVE SUCCESSORS AND AS~S, OVER. UN~ ANO U~ '111[ EXTI~RIOR TEN FEET PARALLEL WITH AND ADJOINING THE THE STREET FRONTAGE OF ALL LOTS IN ~ICH TO INSTALL, LAY, CONSTRUCT. RENEW. OPERATE AND MAINTAIN UN[:)[ROROUNO Pho[. CONDUIT. CABLF'S AND ~RES WITH NE:GESSARY FACIUTIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING 1HIS SUBDt'vIS~0N ANO OTHER PRORERTY ~ITH ELECTRIC, TELEPHONE AND OTHER UTIUTY ~R~GE TOGETHER WITH THF'RIDHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOC, J~:S H[I~:]N STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POS."gBLE TO THEIR ORiG~NAL CGNOITION BY THE UTIUTY. NO UN£S OB WIRES FOR THE TRANSMISSION 0~' E1.ECTRIC CURRENT OR FOR TELEPNONE USE OR CABLE TELEVISION SHALL BE PLACED O~ PERMITIED TO BE PLACED UPON ANy LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN A CONDUIT ATTACHED TO A BUILDING. FILED FOB RECORD AT THE REQUEST OF THE FED~AL WAY CJTY COUNCIL THIS ~_ DAY 0~' · 19 , AT ~ MINUTES PAST __~M. AN0 R£CORDE0 IN VOLUME ____ OF PLATS. PAGES __ RECORDS OF KING CCNJNTY. WASHINGTON. OlvlsION OF RECOROS AND ELECTIONS MANAGER PORTION OF $.~. & $.E, 1/4. SEC. 33. T-22N. R-4E. W. IL SUPERIN1ENDENT OF RECORDS ~, CEIVED BY C01~IUNITY DEVELOPMENT DEPARI~ SEE NOTES OR SHEET B OF 8 JAN 2 § 1999 6! 15 14 HERfTAGE WOODS DIVISION 2 I Por'lione of the N.E. 1/4, S.W. 1/4 and S.E. 1/4, Sec. 33, Twp. 22 N., Rge. 4 E., W.M. scA~BOROUGH DIV. VOL. 131,/~?~44 City of Federal Way, King County, Washington A replat of Tracts 'G', 'H', and 'J', Heritage Wood~ Divieion TRACT F~ TRACT C TRACT E 38 13 II 45 35 34 SUB 91-0001 -I- SUb 98-0003 TRACT TRACT A Sl-a~'~ 2OF8 TRACT J TRACT D GRAPHIC SCALE PER PLAT OF ..... SECTION 33, T-22N, R-4E, W.M., 1215 C NUE SO~JTH, SUITE 133 R-125.00 L-18.g6' 11 56 I- I-. AGE WOODS DNISK 2 I Portione of the N.E. 1/4, $.W. 1/4 and S.E. 1/4, Sec. 33, Twp. 22 N., Rge. 4 E., WJvl. City of Federal Way, King County, Washington A reptat of Tr,~cta 'G', 'H', and 'J' Heritage Wood8 Division 1 A -06'10'54' TRACT A R'350.00' HEI~ITAGE woODS DIV. 1 L-37.76'-- VOL. 179/76--83 R'718.39 50.00' L-106.32' A-t0'07,17,_ R-300.00' L-53.00' N35'22'32'E '"'~, R-75.00' A,10'12'25' R-475.00' A,06'55'55' \ R-25.00' L-59.27' Z$-06'29'14 L-57.22 L-35.26' R-525.00' L-43.03' R-2§.00' 9 '/ R~525.00' L-58.98' 7 L-59.62/ SUB 91-0001 + SUB 98-0003 A"~'~0~'~' TRACT D R-25.00' 4 5 6 / A-IOZ42'35' R-25.00' L-44.82' 7.67' ~r,-L i 3OF8 GRAPHIC SCALE ( m nz.r ) 8ECnON aa, T-~I, ~ WM. PIER PLA! ~ REBMt/C. AP/PLSU g 62/~l'/TyptC~. (1/2' D(~METER X 24' (~) ~ (C) HEFIITAGE DIVISION 2 Portions of the N.E. 1/4, S.W. 1/4 and $.E. 1/4, Sec. 33, Twp. 22 ~ Rge. 4 E, W.M City of Federal Way, King County, Washington A rep!at of Tracts 'G', 'H', and 'J', Heritage Woods Divldon 1 RITAGE woODS DIV. 1 TRACT A HE vol 179/76--8:3 N89'36'O2'W .~ 69.23' N3E22'32'E A=57'24'46' I 55 57 R-75.00' L-77.70' 40'38' 49 · / - 47 5 38 R- 50.00' L-Sg.27' L-50.OO' 10.17' 39 41 A-lg'15'05' R=250.00' J ,%-06'35'13 R=475.00* 42 A-10'12'2~' L-38.98' / / A' 08"c~"55' ~ L=57.22' 8 R-25.00' A,,, 90'48'35" / . R-25 00' L-86.49' R=525.00'L. 43.03' 14 ~c.o. =, ~-.,~ .-.~ w~ 60.~' ~'W 66.13' SUB 91-0001 + SUB 98-0003 E3TM 4 O .~ NATIVE G~OWTH PROTECTION EA~[.MENT (SEE: NOTE No. I0 ~T 8 ~ 8) 45 O~ 43 36 HERITAGE WOOD8 DMSION 2 Portions of the N.E. 1/4, S.W. 1/4 and S.E. 1/4, Sec. 33, Twp. 22 N., Rge. 4 E~ W.M City of Federal Way, King County, Washington A replat of Tract8 'G', 'l-r, and 'J', Heritage Wood8 Divieion 1 N88'56q7'W 34 l'f0.00' 28 110.00' 27 ~ I~TNL 8"~ 110.00' /'--00'20'05' 3 R-500.00' L-S&25' L-82.22' 21 L-53.18' 20 110.00' TRACT A HEI~ITAGE WOODS vOL. 179/76--83 N89'36'O2'W 69.23' 36 ~--23'34'14' A-5-/'24'46' ,R-50.O0' DIV. 1 w. ~ sec 53. T 22-N. R4--[. W.M. ,52 L=35.4T R-25.00' L=76.46' 18 17 7.59' 51 N74'50'34" 10.17' 116.98' L-53.~8' L=27.50' A=I 9'15'05' 39 A=19'15'05' , R=250,00' S. ~,=15'42'18' L-82.2Y 14 16 20 19 -NAT1V[ (~0Wl1-1 PROTECllON EASEMENT (SEE: NOTE NO. 10 SHEET 8 OF 8) LAURELWOOD' NOI~TH NO. voL. ~3/59 41 SUB 91-0001 + SUB 98-0003 GRAPHIC SCALE TT T SEc'noN ~ T-22N, R-4E. W.k~ (r) 77.56' SHEET 5 OF 8 PERITA~ WCX:)C~ DIVIglON 2 Portions of the NJ~. 1/4, $.W. 1/4 and S.E. 1/4, Sec. 33, Twp. 22 N., Rge. 4 E, W.M. City of Federal Way, King County, Washington A replat ol Tracte 'G', -Ir, and 'J', Heritage Woods Division 1 ,2/ 11 9 31 ~6 24 17 EASEMENT (SEE NOTE No. 10 SHEET 8 OF 8) ~ 45 0 ~ 44 N86'59'23'E N88'r'o~'l 7'W 110.00' N88'56'17'W 110.00' 110.00' 110.00' N8~'56'17'W N88'56'17'W R-500.O0' L-42.40' 32 N88~'IT'W 16 69.23' u "-. TRACT A A-~724'46' ~~.~,,*w 5:) ,-,o.oo'~.:~.,r 1~0.00' 36 37 7.59' 51 -19'15'05' 21 GRAPHIC SCALE ( m reft ) SECT~ 33, T-22N, R-4E WM. p~ PLAT 0¢ 0/2' 0~atn1:e x z~,' (R) (se[ ~ a ~ e) SUB 91-0001 + SUB 98-0003 HERITAGE WOODS DIVISION 2 Portions of the NF. 1/4, S.W. 1/4 and S.E. 1/4, Sec. 33, Twp. 22 N., Pge. 4 E., W.M. City of Federal Way, King County, Washington A replat of Tracle 'G', 'H', and 'J', Heritage Woods Division 1 TRACT 42 36 38 9 10 11 43 44 TRACT C 41 4 0 R-200.O0' L=4t70' ,-2o.~' A-4f3ff08' 39 _o__._._~~L'145'34' A"70'00'31' \ A=18'24",36' L-81.08' 62',, TRACT E TRACT D A-27'3f28' R-300.00' L-144.12' 4 45 TRACT A 3 GRAPHIC SCALE SECTION 33, T-22N, R-aE. W,M. SUB 91-0001 + SUB 98-0003 SHEET 7 OF 8 HERITAGE WCX:)DS DIVISION 2 Portions of the N.E. 1/4, S.W. ~/4 and S.E. 1/4, Sec. 33, Twp. 22 N~ Rge. 4 E~ W.M City of Federal Way, King County, Wa8hington A replat of Tracte 'G'. 'H', and 'J', Heritage Wood8 Divieion 1 ~0. "NAlt~[ ~ I~)ILrCTION F..A~E~UE~T (h'm'E) N~: ~ ~ k~ ',f~OETA~ICId *aqo/Qe SUB 91-(X)01 + SUB98-0003 S~ ~._L-I' 8 OF 8 WATER METB~ AIR VAC ~Y NO SCAI.£ DErNL A DETAL B ®/ C_ OF ~ RESOLUTION NO. 92-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING AN INTENT TO REZONE APPROXIMATELY 29.5 ACRES OF THAT SITE, LOCATED BETWEEN 288TH AND 248TH STREETS, WEST OF MILITARY ROADt WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE-FAMILY RESIDENTIAL (RS 9.6) TO $INGLE-FAMIL~ RESIDENTIAL (RS 7.2) (RZ-92-001), APPROVING A PRELIMINARY PLAT OF AN 111 LOT SUBDIVISION TO BE LOCATED ON A SITE CONSISTING OF APPROXIMATELY 41 ACRES IN SIZE, AND COMMONLY KNOWN AS HERITAGE WOODS. WHEREAS, the applicant, Parklane Ventures has a possessory ownership, interest in a 41.9 acre parcel of property located on the west side of Military Road immediately south of its intersection with South Star Lake Road and Interstate 5 overpass; and WHEREAS, the western 12.4 acres of the site are presently zoned RS 7.2, while the eastern 29.5 acres are presently zoned RS 9.6; and WHEREAS, the applicant is requesting a zoning reclassification for the eastern 29.5 acres to RS 7.2, and is additionally requesting to subdivide the entire site into 111 single-family residential lots (commonly known as Heritage Woods), pursuant to Federal Way Preliminary Plat Application SUB-91-O001; and WHEREAS, the property to be rezoned is legally described as contained in Exhibit A attached hereto; and WHEREAS, applicant has applied for a project specific rezone, wherein the city shall evaluate the applicant's specific development proposal for the subject property as part of the EXHIBIT decision on the rezone; and WHEREAS, pursuant to Federal Way Zoning Code 130.30, a project related rezone is processed according to Process III described in Chapter 155 of the Federal Way Zoning Code; and WHEREAS, after all proper notice requirements, a public hearing was held on the project specific rezone and Preliminary Plat Application on June 1, 1992; and WHEREAS, the city of Federal Way Hearing Examiner, having heard public testimony and reviewed all written comments and evidence presented, issued a Recommendation on Rezone and Preliminary Plat Application on June 16, 1992; and WHEREAS, the Hearing Examiner recommended that the request for rezone classification from RS 9.6 to RS 7.2 and the preliminary plat approval for Heritage Woods, Federal Way Preliminary Plat Application SUB-91-0001, be approved subject to, the conditions contained in the Recommendation on Rezone and Preliminary Plat Application; and WHEREAS, on June 23, 1992, a Request for Reconsideration of the Examiner's Recommendation was timely filed by the Public Works Director for the City of ~ederal Way; and WHEREAS, the Request was distributed to parties of record in accordance with Federal Way Zoning Code S155.65(2) on June 23, 1992; and WHEREAS, responses were received from the applicant on June 30, 1992, which were also circulated to parties of record; and -2- EXHIBIT PAGE_ WHEREAS, pursuant to Federal Way Zoning Code §155.65(6), the Examiner accepted the Request for Reconsideration, but limited the scope of the Reconsideration to four issues; and WHEREAS, on October 2, 1992, the Examiner issued a Decision on Reconsideration wherein the Request for Reconsideration was granted in part and denied in part; and WHEREAS, there have been no challenges to the Examiner's Recommendation and Decision on Reconsideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinqs of Fact and Conclusions. Pursuant to Federal Way Zoning Code 155.75, the City Council has considered the application and, after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation .and the Decision on Reconsideration, the City Council hereby adopts by reference the Findings of the Federal Way Land Use Hearing Examiner as contained in the Examiner's Recommendation and Rezone on Preliminary Plat Application, and as modified by the Decision on Reconsideration; both documents which are attached hereto as Exhibits A and B; NOW, THEREFORE, Section 2. Criteria to Rezone. The City Council adopts by reference the findings of specific criteria which an applicant must meet in order to obtain a zone reclassification pursuant to Federal Way Zoning Code 130.60, as contained in the Recommendation on Rezone and Preliminary Plat Application, Finding No. 23 (a), (b), (c), (d) and (e). -3- EXHIBIT, 13 PAGE. OF Section 3. Application Approval. The Preliminary Plat Application SUB-91-0001 for the subject 41.9 acre, located between 280th and 284th Streets, west of Military Road, in the City of Federal Way, and commonly known as Heritage Woods, is approved as evidenced by the City Council's adoption of this Resolution of Intent to Rezone which shall permit the applicant herein to subdivide and develop the subject property, pursuant to the plans on file with the City for this application; and the zoning reclassification of the 29.5 acres of property legally described in Exhibit A from RS 9.6 to RS 7.2 is approved as~a project specific rezone. The approval for this project related rezone shall be subject to the development of this property in conformance with the plans on file with the City, SUB-91-O001, and is further subject to .those Conditions i through 18, as contained in Examiner's Recommendation on Rezone and Preliminary Plat. Application, dated June 16, 1992, and adopted by reference herein. Section 4. Conditions of ApDroval. Approval of the Heritage Woods preliminary plat and the project related rezone is further subject to the additional Condition contained in the Decision on Reconsideration of the Examiner dated October 2, 1992, which shall require as part of this development that curbs, · gutters, sidewalks and bike paths shall be required on both ~sides of Military Road adjacent to this project. -4- EXHIBIT_P_,__ PAGE v , OF,3 ,, Section 5. SEPA Conditions Incorporated by Reference. Pursuant to Section 20.130.30 of the Environmental Policy Ordinance, all mitigation measures of the April 8, 1992, Mitigated Determination of Non-Significance are incorporated by reference as condition of this approval, except Condition No. 8 shall be modified to reflect that the required lane improvement shall be three lanes, rather than five; and in addition, the Applicant's alternative pro-rata contribution contained in Section 8 shall be adjusted accordingly. Failure to comply with mitigation measures shall constitute grounds for suspension and/or revocation of this approval. Section 6. Effect of Approval. The effect of the approval of this preliminary plat application and project related rezone shall be to allow the applicant, subject to all applicable codes and ordinances, to develop the subject property in conformance with this Resolution of Intent to Rezone and pursuant to the preliminary plat application SUB-91-0001 approved as part of this Resolution. Section 7. Zoning Map Chanqe. At such time as the applicant completes development of the subject property in conformance with this Resolution of Intent to Rezone and, in conformity with Preliminary Plat Application SUB-91-0001 approved as part of this resolution, the City Council shall, by ordinance, make the zone reclassification to the Zoning Map as approved herein. -5- EXHIBIT P PAGE s- OF3 ' Section 8. Future Minor Modifications. Following the adoption of this Resolution of Intent to Rezone, the applicant may apply for minor modifications to Preliminary Plat Application SUB- 91-0001 pursuant to Federal Way Code 130.70 and by use of Process I procedure, described in Chapter 145 of the Federal Way Zoning Code, and based upon the criteria therein. Section 9. Major Modifications. Following the adoption of this resolution of intent to rezone, any major modification to the Preliminary Plat Application SUB-91-O001 shall be reviewed pursuant to Federal Way Zoning Code Chapter 130.75 and using the~ provisions of Chapter 130.55 through .75 as if it were an application for a new quasi-judicial project related rezone. Section 10. Time Limitations. The applicant shall complete the development of the subject property 'in conformance with this Resolution of Intent to Rezone and in conformance with the Preliminary Plat Application SUB 91-0001 within three (3) years of the date of the adoption of this Resolution, pursuant to Federal Way Zoning Code 130.80.1. Section 11. Rezone Map Change. Upon completion of this project in full compliance.with-this Resolution of Intent to Rezone and in conformance with Preliminary Plat Application SUB-91-O001 as on file with the City of Federal Way, the city shall give effect to the rezone by adopting an ordinance which shall amend the zone classification on this Zoning Map for the property described in Exhibit A herein from RS Single-Family Residential 9.6 to RS Single-Family Residential 7.2. -6- Section 12'. Conditions of Approval Integral. The conditions of approval of the preliminary plat and the project related rezone are all integral to each other with respect to the city Council finding that the public use and interest will be served by the rezone and the subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval and rezone granted in this resolution shall be deemed void and the preliminary plat and notice of intent to rezone shall be remanded to the Hearing Examiner for the City of Federal Way to review the impacts of the invalidation of any condition or conditions and to conduct such additional proceedings as are necessary to ensure that the proposed plat makes appropriate provisions for the public health, safety and welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, regulations, and shall such recommendation to the City Council for further action. Section 13. 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 14. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. -7- EXHIBIT PAGE RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 20th day of October , 1992. CITY OF FEDERAL WAY C CITY CLERK, MAUREEN M.g0ANEY, CMC APPROVED AS TO FORM: C/~Y ~TTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 92-122 October 20, 1992 October 20, 1992 la\kathleer\reso\parklane.res -8- EXHIBIT ~, ,--- PAGE 8 ,, OF~ LEGAL DESCRIPTION F~X~IBIT A ?HE EAST 412.5 FEET OF ~'HE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWI~SHIP 22 NORTH, RANGE 4 FAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 15 FEET OF THE EAST $2.5 FEET OF SAID ~U BDIVI~:::)N. PARCEL C THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RA,~E 4 EAST, W.I~L, IN KING COUN3'Y. WASINGTON. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION, THENCE NS3'34'C~'E 773.45 FEET, THENCE SS$'z~I$°E 654.03 FEET, THENCE SZS'lS'44'W 207.55 FEET TO THE SOUTH LINE OF SAID SUBDIVISION, THENCE ON SAID ~OUTH LINE N88'23'41'W 1036.71 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PARCEL BEGINNING AT THE SOUTHWEST CORNER OF SAI[~ NORTHEAST OUARTEP, THENC~ N53°34~4'E 773.45. FEET. THENCE S58'4~I6'E 654.03. FEET, S~.4°15~-4'W 13~.B7 FEET TO THE TRUE. POINT OF BEGINNING, THENCE CONTINUING S~-4°1~/.4'W. A DISTANCE OF 72.68 FEET TO THE SOUTH LINE OF SAID NORTHEJ~T QUARTER, THENCE ALONG SAID SOUTH LINE N88'23'41 .'~.. A DISTANCE OF 350 FEET, THENCE A D:S%ANCE OF 240 FEET, THENCE SOUTHEASTERLY TO THE TRUE POIRT OF BEGINNING ALSO KNOWN AS A PORTION OF LCT 6 REDONDO HEIGHTS UNRECORDED. ARCEL D THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33. TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON. DESCRIED AS ~)LLOWS: 5EGII~.~ING AT THE SOUTHF_A~T QUARTER OF SAID SUBDIVISION. THENCe. N88'23'41'W ALONG SOUTH LINE THEREOF 2;~.3,. FEET THENCE N44°15'44-~ 2~4.?0 FEET, THENCE S01°10'12'E ALONG CAST LINE OF SAID SUBDIVISION 216.74 FEET [O THE POINT OF BEGINNING. REDONDO HEIGHTS. UNRECORDED LOT 5~ TOGETHER WITH ALL APPURTENANCES. HEREDITAMENTS AND TENEMENTS. ALSO KNOWN AS LOT SA LESS COUNTY ROAD OF. REDONDO HEIGHTS UNRE.~ORDED. PARCEL E THAT ~OR33OH OF THE SOUTHWEST QUARTER OF. THE NORTHEAST QUARTER OF SECTk~N 33. TOWNSHIP 22 NORTH. R~,NG-'_ · EAST. W.M. IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: ;~EGINNING AT THE E~)UTHWEST CORNER OF SAID NORTHEAST OUARTEP~ THENCE NS3-3z~4'E 773.45 FEET. THENCE S55'·2';$'E r~SZ.C3 FEET, S44°lS'44'W 1.%4.87 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING S~4'l:;'·4'W. A DISTANCE OF 72.68 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER. THENCE ALONG SAID SOUTH LINE N$8'23'41'W. A DISTANCE OF 350 FEET. THENCE N44'lS'Z~'E. A DISTANCE OF 2zO FEET. TI~ENCE SOUTtSEAST~RL¥ TO THE TRUE POINT OF BEGINNING ALSO KNOWN AS A PORTION OF LOT 6 REDONDO HE)GHTS UNRECORDED. C..."~JT.kI.~S 4i.B66 ACRES I~ORE OR LESS. EXHIBIT PAGE L__0F Exhibit B CITY OF FF_DEIU. L WAY OFFICE OF THE HE.kRANG EX.k.\fL~'ER In Re the Application of Park]ane Ventures, Inc. For Rezone and .Preliminary P]~t Approval of th:~t tract of land known as lgerita§e Woocls ) ) ) ) ) ) ) ) F'~E ~'SL.'B 91-0001; R_Z-92-0001 ~VFfE f92-4 R.E CO.~ E~ ~--~-DA TION ON R.EZ O.N'E AN-I) P.R.EL~I~-'q.-~,Y PLAT APPLICATION I. BA CKGROI,,'~-D AXD SL-'.'5'C~ £tRY OF APPLICA TIO~ --~ ..':~ app',':can t 5s propos'2qg cex' 'e,o~,,:,.,,t' ..... of a 111 '-',,;, sm ~_le-~am;.',v' ......-e,".c;en:;fl .... .vrel'.,.v..:r,? ,~' .....-,~ at. Ln add;,fion, ~,e zppEcznt ';s pro~-xos:,ng lo rezone ~e :zstefiy 29.5'acres of ff,¢ si:e fre,.-n RS 9.6 (S';ngle Fz.vdJy Res'.'dendfl) to RS 7.2 (S;m§!: Fa-r.:".v Res!den~z!). ~[. PROCEDL:'IL~L L~.-fOP,:.x£iTION Dale: D ~,si s;.. on Date: June !, :-992 J~n~. ;6, i992 At ~,e h~z,-Sng bhe foE¢';":ng pre.w, nted ~:s~mony z-.,~ es'~den~: l .) Creg Fe'~'Lns, SerJor P]m~mer, CiV of F~e~ Way 33530 - 1st Way Sou~, F~erd Way, WA 9g~03 2.) : .-,,~, I rz~.~:c En§'-n~r, CiD' cf ~er-~ Way 33530 - 1st Way Souu5, Fei, Cra1 \Vzy, WA 9~003 .~oel Ha~gzsd, Attorney at Law (L.'~ B-..h~f of AppEc~m0 i515 -~M Build'lng, Scz,:~¢, WA 98'.,01 .Rob PlSu. on, P;,-)~,e 31620 - 23rd A¥¢nue So~'~,, F~e~-d Way, WA 5.) 6.) v.) DaJe Offin, Technic. z] Servic:s ]5559 S.E. 67~n Place, B:l]¢v~e, WA 9S006 }-]'. ~, O, .O~ 5;~,}~ry. Ro~d SouCn, Fedcr-~ \V~),, \VA EXHIBIT i ,0 _OF o PARKL..KN E VENTURESiH ERITA G E WO ODS YI2LE #SUB-91-0001; RZ-92-0001 FWHE FILE #92-4 PAGE 2 8.) Don Fountain, Feder~M Way School District 31405 - 18th Avenue SouS, Feger'.l Way, WA 9.) Pat Byrne 28216 M;..litzrf Road SouL.h, Fed. erA Way, WA 98093 10.) H. David Kzplz.n 30240 - 27Ca Avenue Sou'2n, F~er-.1 Way, WA 95033 11.) Crag Wz!:er 2539 Sou'da 279Ea Place, Fed. emi Way, WA 950~3 12.) Dan Ko!osky 27841 - 25C~ Driv~ Souuh, F~e~ Way, WA 98033 13.) Carolyn l_m..ke, Ac~'~g Cirf Attorney, C,i~ of Fe.cle~ Way 33530 - 1st Way Sou;h, F~er-A Way, WA. 98C~9'3 At C. ne rea.ring Cne. fo5owing exl',Jb.;t~ ~,erg adrr.':r~j z.s pz,'-t of 5ne pzoce~.ings: ' 1 .) Staff Repo~ A.) App~czfon ~.d P!zt Maps (5_'3 s;,.zv.- copy Ex~,-r,2. ner only) B.) ¥idrfily .Map C.) Leg-,..l.Descfipfion D.) Sub-=.-ea ZorAng Map E.) Communications Receiv~ on 5EPA F.) April 8, 1992 E,'w'konrnen'a.1 De'mrzr, finz~on of G.) August 28, 1990 'Wet]zr, d De:m~wrdnz.rJon, !top,ct Assessment ~.-2. d Conceptual .'kfifigz~oa' Re,pon pzepzre, fi by David E,,'~.'~s z.nd (copy prov~dezl Io H~-zrLng Examiner only) ~.) \\:et]~nd Analysis RequL-e..4 by S~fior, s 80.35 ~'~d 80.!60.4 FWZC (zdopled 2/27/90) I.) lune 19, 1990 'Repo~ of G~lechniczl L,',ves'dga~on' prep=,°e:~ by GeotechMczl Services (copy provide,4 ~.o Hea_~-Lng Exzm;.ner on!y) J.) Geot~hnic21 .~nzl)'s[s Requ[~ed by Section 80.65.1 FWZC K.) J~nuzry 10, 1992 'S[grfific.~'-,t Tr~ Survey' Preozred by ( vy p,o,.i -2 o.,EXHIBIT__&.__- L.) J~nuzry 10, 1991 lr, sr-x~on Report of OS.~;-,'ed David Ex,z.ns and Ass~Sa'.es (copy provide..4 PA RK L.~N E V ENTURES/H ER1TA G E WOO DS FILE gSU'B-91-0001; RZo92-000! l:'V,~ E FILE PAGE 3 2.) 4.) 6.) 9.) !00 it0 120 la.) 16.) > M.) N.) O.) 1990 Port of Sealtle Part 150 Noise Exposure Map D~ft 1996 Port of Sean!e Part 150 Noise E.xT-~sure .M'zp December 1990 'Tr-dfic Impact Analysis' pre?red by D-'--:'[d Eva.ns a~nd Associates (copy provi6ed Io H ,e..~'~,g Ex~,'nL'ser only) P.) Feder, 1 Way \Va,.er ~,nd S:'~'er District and H,on]me \Valet Dist~ct Cer3ficates of Water m'~d Sewer Q.) Deoember 20, 1991 'p,-~;~;~:rx, Dr~nz:e a--.~¥,:~' by Er..g:m~fing (copy previded :.o H ~earing F_xm-rJner only) , .... .--.~.,.,,~,~ ef Recr~fon -,.nd C~en Svzce Impact' prep-,.-ed by Dav':d Ev~.'-,s a.ud Associz~s (copy provided ~o Ex,,miner only) $.) Janua.ry 8, 1992 h]slo~c.,a] Sccie~ of F~e.=d ';';ay Ler'..er T.) J¥.nua_.--y 11, 1991 'School Acc. es~ ~,'~d Schbol Impact AnMy's{s' prep~-.-ed by Dav~.d Evans ~.-,d A. ssn,~,s~.a:~s (copy prov"-c'~ :o Hezr~ag .Exz:n':ner only) Leafier ;'rom Che~'l \V'r,-;Cow and Jol-m S.7,engler i990 A.DT Subrr,,.ir~..d by Tim 3fiLler Existing W~den'~ng A. re~s 'subn-,JT. ed by T'~m 1991 K.ing Coun~ T~ns~r:2~on Let.er from .Xtr. aad M~-s. Bush .,Memo of Anomey Joel Hag~Z,-d, w[G -"- '- - '- L.e.~ter from Ker, ne~"~ H~.-r~.hon Ia. uer from H. Dar'idKz}' -n'- Ler'~r from .'flrfichael and I~_-.Jc~ Po~r Co9¥ of P>rk and C:~'~,~n Spac~ ?,(ap" '- bv '" .... Fu~-~er notes of .Iohn Spengler ~,-,d CBer'/1 \V'r,~dow Memo from Greg Fe'~'L-,s ~o Hea~-~-~g Ex~T~u'~er, '.~.'-,~ 6/3,'92 H-~,ndwr~r[en f~eci respon.~ cf A;~. Jo-.1 Haggazd 1o Exhibit i7 Izr. FIN'DDtGS OF FACT ~:e appEca.,-:t has a possessory ownership inlerest in a 41.9 acre p.~.-cel of properly ]ocalecl on the west side of .Mili',zry Road imm~iately so',:C'~ of its ]nlersec~on whh So'mb S'~..r Lake Road ;.nd the Lnterslme 5 overpass. The 'a'es~:-n 12~4 acres ~,-e wesen'.3y zone2 RS 7.2, 'a',hBe the e.~smrn 29.5 acres r-.-e presen,Sy zoned of '.~e entire s!~e ,.'n:o l i 1 s!ng!e-:- ,a.m~y residential lots. P.~aR KL,'~N E, V F-NTt.'RLSilI ER. ITAC E \\'OODS FILE ,~SUB-91-0001; RZ,-92-0001 F~TfE FILE PAGE 4 The nortbe.~:ern portion of re pzoposM rezone uca is heavily impacted with senshiv¢ z-cas, inch:ding :veOr-,'~d~ z,'~d pc,::~s, l'q:~. zpplJcz.'u h.,~ pzoT.,osed Io pzote, ct tJ~ese ~,-~s by providing subs~nd.~l b,.'ffe~r,g z.'-,d r.o Ceve!c,p;7,ent wit.Un said z-cas. The ~pplicz,",t h---s elec:ed Io request a rezo:~e '..o RS '/.2 z~ o?,?~se,.4 I0 c],.;s'_'r.'.ng i_~,e deve!opment wh!ch is ~lowed under uhe Fedem.l \Vzy D---".",= Cc~e, zs ~. mea.'~s cf pro:coring sensitive The re. duc. ed .te. tbac~ v_nd lot sizes ~'~t.%onz&.4 gna clcs:ered developrr..ezt could accornrnc~Z.z:e -'-pproxim~:eb, '"- . . ,.:~ .,~.v.: eer. si3, (> 65 '.,ols ---e- acre) as is reqges!ed by applJc~-~t in ~Se- rezone req~:est. . " '" . .:.!at sho'c,'s p:c..>:,.te.~ ~¢,:e.~.tes on:o. lne'~- , =',,~ .- Road at _., e.l,_..~v'g . ..~. Z ? S=~t r~qcl $ouf'~ 2S-'.f'~ Se. re. at. Zn ac2~!gon, z .q','b rcad (25C'~ ?ia-ce. Sou~h) dcad-er..ds at ~,... it is z,.-,'&~z'~.e..4 ~?.Zt ~-..is re. zd would be ex:end~ upon deve!0pme-nt of prop:rvf I.o ~.e nordq ='?'-"ch is zho zoned RS 7.2. Ail !o'..s .Lq the p!zt w~ zccess omo k'~rnzl plzt roads ',vNch ~.-e configured Lq z c"..-cu]zr pznem wiCq cel-de- .~C$. ,4 SUr~oundkng pro~rdes Lq ~ dh-vz'_".ozs ?-: zog~i RS 5.0, RS 7.2, mhd ~ 9.6. ~pt for c~ 29.5 acre p~-~!, ~ of ~e prop~y west of vich~ is zon~ RS 7.2 or RS q n ~-:.:d:~g propemZ~s B~us= of ,_'.:e .qgv. i..qc-~-,t we.2.=,-..ds c-n '&.-..,i=, .'_%e zppEc.~_-.t commi_,_qoned z v,-eO;.-~d study by David E,,';.'~s ~.-,d Assc.:izzs, L-,c., w;Mch prep~e, fi z '.,ve~mnd dclern-,:.nztion i. mpact ~ssment and c<>nc, ept,.:'fl mltigzgon' :e;'-:,.."t date.~ A'cgust 2g, !990 ("&-~hlbit iG). A corr'..ple:~ zpplica.,.ion '..'or g-.,e r~.z.or, e z,-..d subdivision -.v~ .~,_,::~-.j.::~ on Sop!ow. bet 24, 1991, r~nd v,,~ x, este~d ur:der Se.:gon ~0.!45.2 of f.-,= FTVZC z6op:cd Febre~ry 27, i990. The. we.tlznds repo,-t ';,'~ accurzlely u-,fl coae.:fiy prepr-.-~ in ac. cord~,'~c.e, wD_h ~.d s~fion. T'ne rep,vrt es~bHs.'-,es f-.zt g-,ere z.-= six '~'cfi~.'~ds ~_'-,d z :oad io~ng 1.$1 acres on uhe. s"..'~. Four of ti;e six '~'e,2k-,ds 1.~3 zcres. A?pro'.drr. z'.ely .4'! ~c:es cf :2-.: weC.~.'~ds '.v:..Ll ':.: !.r:-,,pzc:~ ox' Cisp2zc~ by uhe pro,pos~.4 deve!opment; .25 zc~es w.:'..1 be !mpzc',e.:l by C.-., wide, '-~.g of 3~'illt.~-y Road So'oC~ =,nd '-he. bg~'~c~ by ,_'.-,e cor, su'-ocgon of Cqe pro~_t~ r.:bdivis!on. A very small pordon of the. wcfiz,.-2d v-iii be. impzc"_d by excavzgon z.-.d bns~ation of a zea2.uL-e.d sani'm.,-y ~wer iL. ne '~'hSch hz~ no ouher rez.tonzble physicaJ ]c.:a~on on ~,e silo. P~oposed Lot 59 is ]ce:.aled wi'&in the req,.'L-ed !CO-foot r~on~gured. khe creagon of.06 acres of fores:-M '-~:Oz:~d, enh~_nceme:.! of~~~r---~~"~ · .vefi>.-,d h~_bi'~, >,'~d e:'&z.ncemer, t cf .'-.5 zcre~ of ',~'et]z'~d b'cf:'er PARKLANE VF-NTURESiltEI:LITAGE WOODS FILE gSUB-91-0001; RZ-92-0001 FV, rHE FILE ~-'92-4 PAGE 5 proposed conceptual mitigation plzn will result in a ntt loss of weflznd function znd vflue. In addition, the plzn does not provide mea. sures for conu-olfing or encouraging public access inlo or from ~nsifive wedznd moeas. However, these elemenls wjJl be considered in ~ne finzl mifigafioa pl~a required by the conditions con,ned in the . 5fifigzted Detern-Jnafion of Non-Significznce. The app]Jc~'~t }-,z~ zgrse, J to ~ conditions in re 5~DNS. Conditions required C'~rough fne envL-onmentzl review process adequaiely address 'a'et]~.nd ~lmpacts zssociated vd'dq this proposed development. 7. T'n~e site hzs z 'medium outside Re~ondo/5~ton ch~,nel aquifer" ~.~fflu'pt~on ~fing zs ~t [o~ ~ d~ ~c~J ~V~ Com2~ch'cnsh'c ~]~ ~VC2). ~owevcr, ~5c po~o~ of C~ ~d '~'cd~d ~-~ ~d ~s 2~o~ ;o ~ 2~o~'~ ~ ~ ~vbo~m~ s~ns~Gve ~. ~ pzo~s~ design of ~e subdivision, ~nc]udbg p~ot~don of uh~s portion of uh~ ske ~s ~nsistcnt with Poficy N~-10; ~VCP, w~ch zdvJses uh~ C~r/to ~t development zcfive zquifer z~h~-ge ~-~. i~-,e..~ppEc~nt comrr, fisfioned ~ g~-:~?:3cz! eng".m~rLug ze3--ort due 'to steep slopes ~.'~d ',veflands on the she CEx>fib':t 11). J~;e g~-'..eehv~cal repor~ exceofion, of fine wefir-nds ~.nd silo. ~o,~.. a-cas theze .-.-.-." no unusuzl geo-tee, chr,-'.czl cond'lfions on the site. No s'lgpfifica-nt geo-L.~unic_;_l, impzcrs relzt~ to des'~n ~.~.d consun-,cfion of improvem~n'..s v,'i~'L-~ envb-onmen'mily s~ns'ifive wefi~qd ~-~_.s '"~' e×pe~t~. ]q',e zpp~c~nt w~ bt z~.ub-ed to m~t ~ zeco'mmendztions g~o-t~i~-~czl ze~m '~.'h]ch ~,-e ~p~]]~b]e to development ~']C~n 25 f~t of h~-dous ~. ~,e Cky may ~so z~uke. '~-~,~ zppR~nt to r~ ~ sem']~s of z DzvSd Evzns ~.nd Associzles, Lnc., performed a ~ibit 1K). S~b~uent m the d~m of ~d swdy of o~n sp~ from 11.06 zerex ~o i2.13 acres. ~vzc S~ffon 90.15.3 25 % of ~l cx~s'~:g s~gMfi~t u-~s be m~q~M or zepla~ on the site. sub~v~ ~'~ gqe ~qfl ~ns~cfion pl~s. Development ~ be rexSew~ ~or ~ss~ble pro~fion of ~ddi~on~ ~-~. 10. FWZC Section 16.2S0 zequ':res buffers from zr'a~fizl usgs. "Fne applic.~-,t proposes to .~s~ this requirement by ?rovid]ng a 20-foot wide ]~ndscapext b'~ffer r-long .MgiLzry Ro~d South. The ~ppEca.r,t r-lso proposes ~o mzJn'~aJn 15-fee. t of ye§eta'don z]ong the rear property 1Lncs of lot~ adjoining Cng noW:n, souuh west proiYzrvy 1L'~es. At the hez,-h'~g, Lq resix)nding lo appl~c.~nt agreed to extend ff, e 'buffer ~o Lot 41. PAGE,, PARKLXNE VENTL-RES/HEK1TAGF. WOODS FILE; ~'SD~L-91-0001; RZ-92-000! PAGE 6 11. 12. David Evans and Associztes, Inc. ,' prepued mn inspection reporl of observed wildlife, dated J~um3' 10, 1991 (Exkibit IL). According Jo the rep,on bhe si!e provides hzbitat for smz]l mzmmzls, rodents, znd reptiles, zs well ~ songbi:ds ~_nd insects. ']q.~.e !et:er mentions observzfion of "~.a urfidenfiEed woodpecker.' /7,,.~ pi:ca:ed woodpecker is ]Js~ed ~s "sensitive' by the \\:~h~ng:on State Depm~ment of ,, ,,,~=,,.. By ]oiler dated ;%fay 23, i992 (Exhibit $), the person conduc'ting the study, lo?-a D..Mac,in, c]zfi, fied ,,he woodpecker sighting by indica~ng nba it '~'z~ most lB:ely a downy woodp~ker or a h~r'.,, woodpecker, zs opposed to a o~eated wo6dp~ker. ]-q~= p~.ealed woodpecker is significa.ntiy .]zrger ~Sth very fiis'.':ncfive mzr!~.ngs, and would have been easily recognize~. Thus, there ~,-e no endmnge;~, f, uea:ene, d, or .~nsi~ve species on £~,e site. T;n.~ eppEc, mnt is pzoposb'~g to pzese,-,'e 12.]3 ~c:es (eppz. o:rjz72:e]y 29~ of the site) zs open sp~ce. I~VZC !6.250 rec:u"..-es f.:zt 15% cfu\e site be n';~-~'.2jned ~ open spzce. Therefore uhe zpplicant ~s providing ~mo~t t';dc~ the o.lxn'~c~ zs requked by ~, code. 4.21 zcres ~s defignzted for usable open sp~c~. The zpp~ca.-nt proposes to consn-~ct z doub]~-w':de ter,~Js court La C,Js u~ab]e z,.-~ for pubEc us~- ~.zd d~kale it to g~e City. · Tn~ proposed p!zt ~ sub~.-n~r~d 'is conrls'..ent -,v':f.a ~h~ re~iuL-em~-nts of ~, P'WZC, o.~n spac~ goals mud polities of ff, e F~\:C?, mud zd~"_a~ly n'_;5~z~s pm-k~ znd ~ecr~.Son [mp.~cts resulting from f. ne development. \ 13. Trds site. ~s impacted by nors~- from ~.--cr~'-t mn'iving ~.nd d:Z~z?.:..-~g f:om f~.~ S~tC~-- Tzcoma Lnlernzfionzl ~-po~. T~%e zppScant h~ zgr-~--d ~o employ zppropHz:~ constrac~on mo,~.zsures to ..-'~uc~ noise '.~uuv..n' ' ' 'non,es consu-c, ctafi on subd~v~s{ons ~o=.' '~ !4. TLe F~er-~ Way Wzter ~.'~d Sewer ~ish-;ct m'~d ,,Le ~'~ ~:- ~ "'-'~- : * .... " sewer ~d p~o~s~ d~ve]opm~nt. P~e~ Way D~s~ct, ~nfl ~ pro~ ~n ~r, tefi~ ~gency z~r~ment ~endmer, t to ~djust sewer zv~zb~ were provid~ by bouh d[sffic~ ~ib~t 1D). 15. Replacement of nz,'-ur'~ m-eas wi'._h pzx-~ de:'elopM m-~s '~ con~bule some to ground ~,d suffa~ wamrs. ~e zpp~nt ~ pro, sLug io rfi2gzte ~e ~mpact of ~Hu~ by ins'~ling oiVw~r ~pm~tors in ~e on-~ke m~ch b~Lns mum'or by u~Lng gr~s-lLn~ s'a'~e~ to ~ns~ mnmff ~1o on-s~m delenfiopdremn'don ~nds. Jaeger Eng~n~fing prep~ a 'preH~n~ dr~,zge mn~ysis' ~b[t 1~, w~ch provSd~ ;~hni~ ~J)'s~s of on-s~ ~d do'~su-~n dr~,age ~nd[Xons. ~,e rein ~denfified ~n e~s~g fl~ing problem n~ ~e in'~r~6on of S~ ~.:e Road ~d Sou'~ 272nd S~-~t, appro~mamly 1/2 m~e downsu-~m, rne Ci, of F~er~ ~~l~o~ proj~t to reSeve u~s si~5on, ~nd uhe zpp~nt ~'~ -.~x .... ~o~~n P.-kfLK.L.~",'E VENTURES/H ERiTAG E WOODS FiLE ~'SUB-91-0001; RZ-92-0001 FWHE FILE ,';92-4 PAGE 7 manu~-! in 1990 which requires improvements such as surface :veer ~elenfion, bio- filtration and oiU',vaer sepmtion. T,e zppEca".t's proposal- ex ~c.~.is minimum ~'~resholds of .mid manu~. 16. The original road bed of "Old .Mih'.zry Road' is ]ocacd wi'._:-..in the plat bound~J~.'es. While this road has mililzry historical significance, it is not identified a3 having a si§rJfic, znt hJslo~czl v~ue. The appllca'tt I';~, ko'a'ever, vol'.:'n'-~.~!y ag;e~:l '..o place a permanent marker idenfif-'ying the lccaf, on of 'Old ~itzry Road.' 17. !B. David Evans and Associates, Inc., p;cpa-M z 'school ac.c~ss a'~d school impact .:;~..~ ~3bit 1~. -TrJs' r~ es~bSsh~s ~2t Zpp;c~mzlcly 93 ,-" ..... ,v~ zcs~d~ m m: d~velopment u~n i~ ~mpl:don. Ho'a'¢ver, ~ ,:~n a ;~cfon La C~e number ef ]ou, ~e F~¢~ Way Sch~l Disufict ~cula~s uhzt appro~z~ly 74 smden~ ~'~ reside La ~ d~valopmant. ~ ~h~l dis~ct sm~s Cna uh~ L~c~ La f~= number of is ~dgz~ u~-ough ~e u~ of ~sr~c~on cones, ~mpzc: f~s, a~d S~te macrmng w~lV ~ong ~m~ Road Sou~ ~nd Sou~a S~ ~e Road i~%:s~ ;cads ~-e l~gh ,ngn-volum~ ~a~H~s, ~nd would ~ a i:~rnn~nt ~ng:r ~o d-~dr~n, l n~ h~ zgr~ to provide a W~es~aa pace from 22r, d Av~nu~ Souiu :o 23;d Cou~ b~P~'~n ~ 35 ~nd 36~ L% add[don, due zppE~nt h~ zzr~ to pzov~d~ z pziswzy ~ong uh~ l~on of '~e ~wer ~n~ f~Jough ~: no~Zn~t ~-o~on of uh~ p]z~ which w~ prov{de a much ~boCmr pznh ~o Ch: A sSg~fi~nt ~ssu¢ rcg~-dhng thc ]me~r:~en of ub¢ F~cr~ Way ~Mng Code, F~¢~ Way Compreh~ns{ve P]~ ~d T[~e 22 of C~¢ F~e~ Way C~y Code u~3esolv~. ~e Ci~ ~bHc Wo~ DL-~mr h~ deta~n~ k~zt ~ appoint must improve N~ Road Souuh m a five-lane road's'ay w~'~ cu~s, guners, side'~'~ p~ms on bouh s~des ~ong ff, e s~'s en~-e ffor,~ge, l~e Dk~tor hues kix d~s~on on ~VZC S~fion 1 i0.25, ~e C~U of F~:r~ W~y's c,arer, t 5~-Y~' Improvement Program ~), ~nd ~:g CouzS,'s ~re i992 Y~s?e~ion Re~ (unpub~sh~ ~ ye0. The r~ukement for '~e ~62~ of ~ozdway ~s b~ on e~s~g ~d proj~ ~dfic l~ds, and ~e n~ for ~e vsmLzg movemen'~. zppfi~t smms ~t ~VZC S~fion 1]0.25 must be r~fl Lq ~njunc~on w]uh ~e ~mprehensive p]~ ~d T~e 22. X%%en iuo~ ~fions ~ ;~d ~oge~er ~ zppfc~t ~gues ~at ~t is uhe ~e's intent ~o r~uire the ~ppl~,t '~ m~igae ~dfic ~v~s ~ Ass~acs, ~bR 10) ~s~b~shcs Lha ~ ~-~-]~q: ;o~d wkq cg~b, su,,,c,ent ~o ~,'- u~:c ~mpac~ from EXHIBIT, O, , PAGE, [G OF,, ,,, P.-kRKL.-UNE VF_NTURES,TI ER1TAGE WOODS FILE ='-'SU'B-91-0001; RZ-92-0001 Fl'~q--I E FlY.E, PAGE 8 19. 20. 21. The existing average d'~y trMfic on Military Road adjoining Cqe project si%e is 16,500 vehicle trips. In ~e evening ~ hour ~ere m-e 1,388 veh~c',e trips. Upon development of ~is si~, ~ffic on Mifi'~ Road will be incr~ by 1,136 vehicle ~ps per d~y, ~d 11~ vehkles during u%e eyeing ~ hour· S~d ~un'~ ~:~ount to a 6.8~ d~iy incr~se, z~d z 9.8% p~< hour The applicant' ~s~r,~ that .Miiilzry Road at this location is a coil.:or zneri~ since the Comprehensive Pl~u mzp refie.:'.a it as such. However, F:VZC Chu-t 1 I0-1 identifies minor arterials u having ~-ve.~ge drily traffic volumes ber.v~a $,CO9 vehic]e trips per day and 30,O30 veNc!e trips per '.cay, whereas coLl~-:or ~'-:eri.'-',s have dzily volumes of ben'cea 3,OD0 ~qd 9,0On veAicle gps per day..W,.-:or ;,--:e.f.,zls .-,e-~' defmed as "L'~km-communi,'y roadways cor,,ne.:g'~g comn',unity c.e.~u~rs a':d "--:'"': "' '- ' collector m-te.d~Js ;,-e deg'~ed zs 'Lqh-~-commun.i~ rokdw~)'s cor~ :m'ug residenti~ neighborhoods wiCu commg,--fity canters ~.':fl fzc~ti, es.~ Bo:h r,.-'~s., of road -.-.-,e pz,~-~!ly ,..~.~.~.,,t .=c.c.ess to abura,-ug properdas. Zzs~ upon '&e -" 'o comprehensive p]zn mzp is a gener~zed mzp which idenfifie~ gener-~y w?dch roads ~,-e pFmci,~ ~nenz]s, co'0..~tor znadzls, and n"&nor ~,"~enz!s. Ho',.,.x. er, use specific cl~sific, ttion c,-Ste, ria is found N I~VZC Ch~,'-t 1!0-1. T.,-:e existing u-d~c x,o!ume on Mqltzry Road Sou~fq greedy exes the u-Mile volumes s:>~i.":,~, for a co..~c,,:"~ ' - and fz.lls ',:.'itt. in C.'~e ~verzge daily ~-Jfic volumes of a rr,"-,'u, or zmerizl. The .k{DNS contzL.-:s ~ off-sim ?dfic n'dti, gztion me.~ures which ute app~c~nt has zgr~_-.d to peffo,~.'vn.,. ~e~ measures zre z~ a.) f.) cont~fbuF..n.g S11,600 zs i~ pro-mm conLfibufon :o'a'a-d improvements Ln ~v.~,,~,--y Road from I-5 to SOug'~ 2$gC,'t S~'~t; pzving .~JJitzry Road South ~om th= norJq and ~uC.u '~mr;Dd of ut'-. r~uL-e.d Hght-of-way improveme, n'j zburm'-,g C.-,e site; consu-ocF_o, qg a nor&bound lea t'tu-n lz~nc on ::$5E.'m.ry Road Soug. u at the Lnmrs.~tion with Stzr l%l:e Road; coordinag'~g wi'oh 'd~e City ~d King County to rr, odi~y 'd~e signals at Som.h 2gSth StrUt ~nd South 272nd Str~; design ~,nd consu--uct a u-ddt island r~nd sig::~ge at ~he gnt:rsecgon of South 284t,h Str~u'MiF, 12.ry Road South :o :o'::e wes;bound 'w'Jfic from So'out 2g.:';~h S~'~t Eght ovJy omo .Mi]i'~-,-f P.c~..4 South; prcpz.-e and sub=.it for appro,'zl a t.r-~,spor,25ca m~i~,&.~Qral,.~_...~, that is ac.c. epuble to Metro ;,nd O,e City. I::RI'III IT PA8E OF PARKL.&NE VF_'qTL'RES/HERITAG E WOODS FILE #SU'B-91-000I; RZ-P2-0001 Fl%TIE FILE ,-"92-4 PAGE 9 The applicant disagr~s with Finding of Fact #12 in the 5.flDNS which states that FWZC Section 110.25 requires re consu-ucfioa of a five-k-,",e ~-terh~l mad section ~.long the plat frontage with Militz,'3, Road South. 22. Concerns r~se.d by s.aea.kers at the heaf,.ng to gnclude the ap.-'.Bc~nt's 'a'affic expert mhd citizens of uhe z-ca were addressM to the fire-!rune ro~d s~fon requirement. Testimony · b.ndic, z'~.~ Gnat Military Road i.s b~s':.cAily a two-.~ne road for ['..s entre length, e:;:cept for intersections ',,.'here it 'rs w~dened to C~-~ l~,',es. Widen:erie .M;.!9.zry Road to five lanes · ;,':..21 crea~e ~.~ unnecess~D, sw.--C.'~ u'-..zot:gh the commun{ry sirn:.'.~- ~o SR99. SR99 mhd 1-5 m-e des~.gned for h[§h volume uhro':'§h-W'J~c. 'Unsafe co.".dk".ons ':,'ill be crea:~ by consu-oc'dng a short =-" ~--~' '- ,:, ,.-..,-.,,. road .~caon, '.v;-Jch ,~,'~ r, ea_n f-.zt u'-~nc wiil move from a r,~,o-l~e configuration to 5ye i~,'~es then back to ra.o lz.nes. Vehicles will race to g,t ~.nead of other vehicles to have be~r acc. e!s to the tr-~;hc Eiht zt Soufa 258:_'.-1 Stz~t. Furthermore, wider'~.ng ~filP~ry Road ~ adversely [mp,Zct houses on bot. h sides of the road. 23. FWZC Secfon 130.60 _~ts for',h t;'~e criteria wl-Jch mn app'.':c~nt must m~t 'L-n order Io ob~-~.n z zone r~lzssi~cA~on. F':-ndh'~s r~:,_'h-e3 by ¢~.d s~zhon ~.-e hereby made ~s fo',Jows: The pro?os~ rezone is "..n the best gnlerest of ~:e Cit'y. Tn addison ~o deve!op~g the s~ L~ a~rd~n~ with ~ C~ cod~s m~d regutz~ons, ~%~ ~es, ~d is ~ns~oc~ng a double ~r~s ~um on 4. I acres mhd d~ng ~nc improvement .~ong '~'iCu C~: acr~gc to Cne Ci~. Fur=he, ore, the zppl[~nt is buff~hng c~s~ng zdjoirJng developmenu, prolog ~nd restoring ~nsifive ~-~, ~nd p:cvhdhng w~'ays to ensure ~rc a~ss to sch~Is. b.) "Fne rezone will cor~t a zone c]~sifi~on or zone boundary that Ln~pprop~ate when est~b~she,4. T~ne site is ]orated wit;-jn re suburban residential ]~nd 'om c]~sificAfion of uhe con-,:p:-.:-.ensh'e plan. Both RS 7.2 and RS 9.6 sbgle-f~,,-fily zones ~."e rdlowab!e withL-~ d'~s classifica6on. The properties adjoLning the ~uth ~..'~d west of fxe site m-e cu~ently RS 7.2. The sile il.~]f is spht-z~ned, ~.hth app:oxJmalely 30% being zon~ R3 "1.2. The R.S 9.6 propeffies ~e ge.ner'-~.iy ]ocale,d ea.st of MilJt~.-y Road, wiG'! Lhe sinai]er lots sizes on Cne west s!de of .'kgli'~ry Ro~d. The zone ~ecl~ssific~fion would MJow cor'..,p~r~ble densi~ and dens!:), which is cox-,.~--:-~b:e :o u\e RS 7.2 ~=.-.L-.g. I"A U I::_..l/_gP PARKLA~\'E VF_NTURF~/HF_.RITA G E WOODS i:-IJ..E #SUB--91-0001; RZ-92-0001 1Wv'HE FILE #92-4 PAGE 10 24. c.) The proposed project complies wit.h the Federal Way Zoning Code in zll respects. d.) The site plzn is des'tuned to mJ.~miz: ~ zdvt. rse impacts on deve!°pe~4 properties La the immedi~-te vich"d~. The site plzn is desi§nM to m".rJmize impacts upon pubhc servhces and utilities. La fact, no impacts io publ':c se~'i~s have been iden.'_':~ed.~. The zpplicz.nt hzd t'wo commurd~ m~"fm§s znd address~ concerns ~s~ by wgeme ~zb[mt, proration of su~ound[ng resident. Tne~ ~n~ms Luclud~ ~fic,- ' "'~ mnsifive ~, e~s~g d~nzge p~ob!ems, ~nd the hc~ of p~-~. ~e s[le ~s l~t~ ~ppro~mztely 1.25 miles ~om the n~est 1~ p~k. However, the apph~nt ~-mot be .-~uh-~ to se~ fine si~ to ~e C[¢y, nor '~.~,- Ci~ be r~k-~. ~o .~urchzse u~s s~te for ~ p~k. I'V. CONCLUSIONS In :he circulzfion .~.~.5on of the F~er'~ Wzy Comprehsns'ive Plzn '&:e fo3ow'ing s~temenB ~e mzde on pzges 29 znd 'Tr-dfic impacts created by developments ~hould be ri,griZzle-.4 by the developer. On the oC'~er hm-',d, e~sfing h--dfic deficiencies s;uou!d be addresse, d on a bro~der scale, ~cludhng miff#arSon by the ChD' of Feder-~ ;V'~y. Improvemen',~ ',o One h-~nsportzfion system L'~ Federal W~y should be ~,'..~-~n~ mhd designe..cl L-t z regional context .... ' Policy T-12 of the comprehensive plzn st2ms thzt the Ci~ should 'requ'ire ,,'rdfigzfion of dbect trznspor'mdon impacts created by new development.' The comprehens'lve plzn conterr, p]ztes C'~zt develoi>~rs w:~l ~ddress the dL.-ect impacts of the'i.r development on the public ro~d syslem, while regional znd existing problems would be addresse, zl by the City. I~VZC Section 16.300.30 requkes that rdl s~'eets abur'~ng a proposed subdivision be improved ~n accordzn, ce with Ch~p~er 110 of the F~er:. 1 \V~y Zoning Code. I~VZC Section 110.05 estab!ish~ the requLrements for the improvemenB zn ~pplicznt must mz.ke PAGE tq OF PAR. KL:KN-E VF_',~TL'-RFS/HERITAGE WOODS FILE #SUB-91-0001; R.Z~92-0001 F\~q:IE FILE PAGE 11 "General - The Development Slzndzrds portion of charts 110-1 and 110-2 establish thc improvements that must be ~,stailed, bzs~ on the cl~sificadon of thc various rights-of-way wit.bin the City. The appEca",t shill, consistent wiuh he provis]ons of this Chapter, ]ns'o.!l ill improvements es'.zblished in Cha'ts 110-1. and 1 i0-2 Dong the enti. re frontz§& and width of each right-of-way, o,2, er th~.'~ ~e)'s, that abuts re subject pro~rvy.' Chart i10-1 Edows thru-Ir-ne, four-lane, or five-lane minor ~r;eri~l roads. There are no tests or gu';d~ncc set forah in said ch~,--t to identify whether ~ 5-cee, four or five-lane road is zppropn:ae for a development. As pre','~.ously s~t~, ~.~e comprehensive plan stz'.e~ t.hzt deve!opers should be responsible fcr ~-,,ifiga~,.~g. i-.e impacts of ~e".x own development. Lq addition, Title 22 of ~ne F~er-d Way C_at-y Code is entitlexi to ~iifi§at~ Development Impo-cts.' Serf, on 22.10 states, that it is ff, e purpose of fi:is s~fion to 'prov.~de fltemati','cs for prosp~tive develo,~rs of l~nd '~,'it.hJ~n th~. C']t'y mitigate tine dL-ect impacts th, at have b~n sp,~cifi ~c.z!l~'y ider, tifieA by ~;'~e City cons,e4.uenc~ of propos~ development.' L-..c!uded wi~-~.n .'_'-~ impacts iden.'J_'fied Lq s..~zfion are slze.~ts, alleys, ~nd oti~er pubSc ways. S~fion 22~50 stales, Ln p~,'-t, as fo~ows: "Y,'~e offic':.al or body cb~,-§~ '~,5C~ gF~,.'~g ~qe n~s~3' ~ppzovfl for z development shill review ~ zpp~nt's propo~: dk~t impzc~ ..... No offid~ or b~y sh~l zpozove, z ce,~ "e. op..~,.t~ ~. ur~cis'- ~n~~s of such development.' l-qne Federal Way Comprehenfive Plan, Chapter 1 i0 of the Yege..--J Way Zonb~g Code, and Titl~ 22 of bna F~e.,-d Way City Co~e must be possible. Ln read'lng the.~ s.w. tions tog~'.her., Chat 110-1 provides aJler-na'Sves of four, and five-lane roads for mi. nor ~r.~fiaJs. i-be comprehensive plan ~,nd Title 22 provide guidance ~o tine PubLic Works Dh-~or as ~o wk.Sch widen should be re, quL-ed b~ upon the dir~t impac'~ of C,,e development on fi'-,e e.?'.sfi, ng road system, Lq ~.-Js ca_qe .X!iljtzry Road South. Such in'.e~re'.~5on is cons[slent \Vn. A. Dp....8.86 r1990); ,Cobb v. Snohomi.~h Coun~ 64 Unlimit~ v, Y,J,t~ap Coun_ty 50 \Vn, App. 723 'I";'~e applJc, a. nt's h--dfic study provides t.r-dfic coun~ and a level of ser,,'i~ znz.lysis for '~he nember of lanes requked for .'x g.l :, ., ~ ,--y Road Souuh foil~v,'Lng development of u\is projecl. The trifle study es~bfshes bhat a lJ-a~-lz.ne road is more ~zn adequa:e to handle t~'f.,c in each db-e, zfion, plus x'ekicles ,'~ming left at each plat acrass. Th.e z.'~-._l)'sis established per-formexl by ube rrm'tic er.~]:-,~r :sveaJ~ ub.~t '..here wets cz])' l;-::~'-"es c'znn=.~_~..~ PA6E OF,,s PAR. KL~N-E VE. NTL~KqiHERITAGE WOODS FIJ_.E .¢'SU'B-91-0001; RZ.-92-000I F%%q-IE FILE PAGE 12 evening peak hour which do not provide adcqua:e dm:, for ,":ming movements. Lq the. morning peak hour only 9 mint:es were unavailable, for left t'.'-.ms. 'l-here we adequale gaps for lek turn movements. The cngin~r used 7 seconds ~ Lq adequate gap for ,'-truing movements. The,se gaps are cau.~d by the, platooning of c~-s from ney_rby '-"-";'-u.-~,.,.. signals. The trJfi¢ cngin~r recommended a curb, gutter, sid:v,'zLk, .*.nd bike ]z,';¢ along the, we,st fronta§e, plus a center turn p,."¢kct for each ~..'.zt acce~.s. I4,.'s op':n".on was that no curb, gutter, sidewalk ~nd bkke, path ',;'~ zequkcd on the, e.ut.s~d~, ~ it would not ~n'~ this development, The PubSc \Voz~ DL.-~cior did not "-:"-' ..... ' c..~ .... ~,. mc ~-Jfic st',:dy, but 'co,,h-c thc five-]~s road on t,-~fic .~ar'.~ms, imorovc;r.,snt~ "_u o:.\:r az:rs of '&s Cit'y, th~ King CounU Trznsponzfi.on n&e.ds report, ~,nd thc Ci~'s tr'~_nsporta~on ~,nd improvement pl>.n, l-q-~e TI?, w:"~e not a subsfit'_';~ for tS';: comprchcnsi'¢~ pl>.u, ;s adoptad by thc City of F~cr-~ Way C-;U Council. Ho',;'e',"cr, d-~c ~ is dL-~,~z'~,~d iowzrd public system-wide, u-&nspo.,-..a, fion ~]~.-,r,;-ng m'~d n~s. It is not concerned with dkr~t plat impacts of pfivz~ developmtnt. Tine ~ does not cons[der Ge sp~.~fic impacts of each development in deterrnin'~ng r .~;uL.-ed improvements. For e×~.mp!e,, if the zppEc~nt had requested a down zone to rr-';,-,;m~m 1-acre lot size, for C-.,e purpose cf deve!op".ng "r~..nchcr. es" r-.nd C. nus developing ¢c si~e in:o ~ss~.bly 20 or 30 sL'~-~!e-f~mUv homes, under 'd-:e TI? >.nd KL..'~g Co'chb, Tr~,'~s~.r, zr~on re~rt 5-~e zppEca'~t wo:'.ld s.q_kl o,~ re.~ukrccl Io ~m'arove Mi![.'.,.~'-y Read SouC.'~ to five lanes, in:re:ore, b~cd zpplicant'~ n-rifle study ~.-,d spt:iff:ak!y, E£~Jbht A lo E~".%b[~ 7 cf 5-.J~ r~ord, .X~'.,.~--y Road South a3or, g C.'~e, project fron',ah.e ';,'~ operz~z adeq'~tely ',;'~u'~ z b~cc ]~.c cross s~fion witch cu~, guncr, sidewalk,.nd bB:e pztd'~ on One west side fol.!o',;'Lng development of tY,';s skc. Improvhng .X~tzl-y Road South ;o a C~-~-!~-.e sc:fort along C'~c cn":,L-e plat frontage w~ n-dfigz~e, thc dkecf impzc:.~ of t~-Jfic crczt~ by 5-~.s development. o ~'~e propo.~e.A preh,'rdn~,-y pk-t of He~,.zge \Vc~:-ds is cons[stent and cempatib!e wi~.h ~.~'..e goals amd obj~fives ef the CSry of Fe.%r'~l W~y Comprehe.-,sR'e P'.,~n ~.';d :_'.ne C,.'t'y of Fe. der-M. Wr-y Zoning Code, ~ ,&'ell ~ o'J',er applhcable, cedes, if 'd'~e appl,.'c~,nt compl/,es with the recommend~ cond:..fions of pre',_in-dr,~,"y plat apgro'~'zl, >,nd fine conditions contzLned Ln the .x~figatcd Dele~wr, inzhon of Non-SSgrd~c~",ce, C-,e proposal w;.51 comply with ~e Fe~er-,-1 Way Subdivision Code, ~ ;;'ell ~ oG';er ofhcizl l~.,;,d us~ conu-ols of Fed er'M Way. o Thc proi>os~ pre~min~,'-y plat of Hc;hm§: Wee, ds m~es appropriate provhs[ons for thc public health, szJ'ety, and gene..'-M weird*e, open sp~ces, dr-~:.r, zge',v~)'s, su-e2ts z.nd roads, Lr-e..nsit slops, po,.ablc water supplies, s~-qitzD' -a-rs:c, parks and recreations, playgrounds, ~hools and schc~!grounds, :.ncluding s[dewa2,:s z",d other Flz';z[n;~,,f~2iif. i~ill, assure safe '&'ahkhng conditions for student lo wMk ~o ~",d item scY..~]. 81g'1~115'1~1.'~ of ,,-:.',1 ':-..TM P.-KR KJ...-M",'F_, V ENTUKE. S/I t ER1TA G E \VO 0 D S FILE gSUB-91-000I; RZ-92-000i PAGE 13 let. ration for single-family residential development, while at the s~-ne time protecting and preserving sensitive areas and OlYZn spaces. The proposed rezone from RS 9.6 to RS 7.2 is consistent ',vk.h the suburban residential · land u~ c]~sification of the City of Federal Way Comprehensive Plan, ~nd me.e.t~ -~1 requkemen',x of Chap:er 130 of the F~erd Way Eo~ng Cod:. V. REC0YD, fENq)ATION it is hereby r~ommended 'Chat He r~uest for zone r~lzssific, aion f:om RS 9.6 ~o RS 7.2 and :'er prelirr£nary p!at app:ov~ of,,,.,,.--~.w---'.~°~ \Vo,.~s be approve, subject to the,o~o'~,.,:g ~'" ':- conditions: A. 1. PI~I:r_!_D,I~'gA_RY PLAT APPLICATION NO. SL.T,-91-000i Pm-sumnt to s~tion 20.130.50 of 'dne En,~-konme.nlzl Policy OrdLn=.nce, ~ ..mJfigz~oa measures of fi,: Ap/.,.1 g, 1992 m!.'_:.gated determ:,nztSon of nonsisNfic, a'w.~'. a~e h-,co,.~r~te..4 by reference ~ conditions of this approve.1. P~_:,!ure to comply ',viuh th= mitigation rr, ez~ures si-.=21, constitute grounds for sus~nsioa ~.'~d,'or revoca~on of C~s zppro','~. Approv~ of this propo.~t.e:i preE,,'~'~.-y plat is s'_'b?_.ct to zpprov~ of rezone app~ca6on number P,Z-92-0001. La '~he event that rezone appgca.:.ion number R7.;- 92-0001 is modifi~ or deN--...4, m-~y ac~on to approve u~-.".s preii,'nin;,'-y plat sh~l wiu~n ~ ]and~p: buffer ~-~ ~ r~L-~ by i~= Dh-~tor of CommuN~ Development. Lq addifon to nh: r~:uh-~ r~enry f~t '~'id~ buffer l~l~ ~ong bgili~W Rozd South, th: zppS~qt ';'N provid, a tiffin f~t wid= buffer of native vegemgon ~ong ~ r~ of ]o~ adjoir~g ~q~ nordn, south ~nd we~t boundmfie~ of ~e spin..~ p:fim=~r buffer ~ sk~ b~ idenfifi~ on ~: plat map mud res~ct~ from ;emov~ of vegetation ex,pt ~ may b~ au'&ofi~ by Cq~ Dk~tor of CommuN~ Development. Prior to final plat appro',,~, lot number 59 shall be r~onfigured Io b: located enF_,-ely outside of ~.'ly r~ui..-~,e.d 103 foot we'dz:~d scSzck m-ea. Prior Io final plat approval, all proposed usable open space designat~ zs Tract A sh~ be d~i~ to thc Ciw ~ r~uk~ by Cue P~-~ Dir~or. As propose, ~e appli~nt will ~ns~ct ~m~s ~un fac~fi~ ~ a · · P~ DL-~;or. As pro~ ~,e- "- ~~~ PAR.tCL.~\'E V ~NTL-RES/H ERITA G E W O ODS FILE ~'SU-B-91-0001; R7~92-0001 F~VHE FILE J-'92-4 PAGE 14 e No gener-~ site clearing or grading shzll occur on or within 25 'feet of geologically hzzardous areas located on lots 52, 53, 56, 57 and 58. Any building constroction located within these sensitive zrea. s or setb~c 'ks shall be by piling or pier type foundation construction ~ required by uhe Building Official, lo ,-d. nirrdze grading and disturbance whhin the geologic.~y h~rdous ~rea. Upon completion, z!l disturbed areas shall be r~p]znted zs requL-ed by the Building Of,'ScS~ll This condition shz!l be placed on the face of the plat prior Io fin~l plat approval. L'3dividuzl homeowners for !ols 52, 53, 56, 57 ~.'~d 5g s'.?_!l be. respons:,b]e for prov~dLng the City '*'lEu services of a q,,~fied prof.essionzl engLneer for purposes of re,,'ie'oAng and inspiring pier or pilh, ng b'p~ xCsidenfifl consumcdon loczte~ ~5t1-£-1 geologically hzza.rdous ~,-e~_s, ~s re. quh-ed by C.~c Bu~dLng Official. T]-..,~s condition shz!l be p!ac;~-_ on the face of the plat p~or '..o 5nzl pht zpprovz!l. i--ne developer shzil b~ responsible fori-.:,,-.u".:,;;';"'" u~:' C;.~ wiCn sero'ices of =- q',~zllfied professional engin~...r for purposes of re',,Se,a-L~g mhd ir, s~z~ng m'~y str~.t or u~ty work located wiffdn geologic.~Lly hzzz.rdous ~ezs, ~ reo. u'Lred by the PubSc Works Due to poten.-5~l eros:~on hzz~-d ~d impacts to clr~_r:_,-.,g sh~.l be Limited only to the monks of April :_'-'~rough October. i0. Retenfio~de~'~tion facilities us.~ to control runoff from Cue s{te Io off-she dF~nzge ~ur~s sh~ be 1~'~ Lu a suffa~ water ~ct to be d~[~ lo dne C[~ zt ~e time of fm~ pht zpprov~ ~ r~uL-~ by C~e PubSc Wor!~ Dk~lor, u~ess 1~ wi~ improv~ C5~ of F~eF~ Way fighBmf-wzy. ~ re~nfiom'de~fion hc~ifi~ sh~ be l~d~ to provide a vis~ buffer from su~ounding pro. ffles. A l~nd~ p]~ sh~ be subm[u~ for approvM by Cne Dk~tor of Commu~W Development p~or to iss~n~ of ~ns~cfion ~its. 11. Prior to final plat approwl, those po,'-6ons of uhe surf., ~.ce ,~-,ler facilSfies n~.ess~,"y lo re'~n.tdetffm, convey, ~nd 't.r~t the flows disch~-gLng from the s-he shM1 be constructed ~nd operational. 12. A 1S-foot grovel access shM1 be' provided Mong :.he. cn~e leng:.h of each b[o~L~fion sw~_le for m~ten~n~ ~ r~u~ by ~z: Pubic V,'or~ D~tor. . ~e b[ofd~don swMe ~d grovel a~s sh~ be l~:~ ~ a suff~ waler ~ct Io ~ d~i~l~ to ~c Ci, prior to from phi approvO. EXHIBIT, PAOE 0F PARKLAN'E V ENTL'.'R.ES/H ER. ITA G E WO ODS FILE #SUB-91-0001; RZ-92-0001 i~VI::IE FILE g92-4 PAGE 15 13. 14. 15. 16. 17. 18. In some cases, on-site surface, waer infiltration sysle.,'ns may be suitab!e for use on' individual lots depenflhng on ~il conditions. IF, is ,'~-~ system shall be us~ .where suitable. To dete~,,-nbe ~, suitabilhy of the so:..1 for bffitmfion systems, a soils report that Lncludes percolation tests amd a so;.1 log taken at 6-foot mirdmum depth shMi be sub,.-rfiw..ed by a professional en§:..n~r, or soil specialist. This sh~l include, at a minimum, 'information on ~:;1 texture, dep',.h Io seasonal high water and the occurrenc~ of mot'dung and irr..Fer, ious byers. Th, e repo~ shz!l ~lso ~ddress potent{~ down gradient in',,p..~cts d,.'e to bcrea_se.d hydrzuEc loafiLng on s!opcs and s~ocm.,'es, if ~,-.,e softs re,Lm-t is appsove~, Ont. infi].Lrafion systems sh~Ll be Lns~e.d p~or '._o c~acop~,ncy o£ Eno zgs'id, ence. A no'.~ to Crjs eff~t Shall be p]2c~d on the fac~- of '~.ne fmzl p.a~ map. ~ ne er-,,..n~ge plan ~.nd the fin~ plat map shell ;.ndicam each lot appzove, d fo~ LnDJt,-ztion. E'.xJsthng on-site surf, ace water ponds shall be rg.'~"-,~ as paw of f,~,e sto~wn dr-~J.nage system mhd shz!l bt u~ ':liz..ed as a one-call we~ond for u-eatment of r~noff pfio~ to entering £,~e dete,ndon facades or bio,u-after, swale. Discharge ~to pond shall be oriented to mzx/mLz~ the retention ~.'~d .~:Jement times of the water L~ fine pond. The pond shz!l b~ ]ozaed Ln z suffzc.t. '.~-z%er dr~Lnage u-act ',o be. d~';ca:~ %o C~e Ci,'-y prior m iz~ p~zt approve, zs r~'.:'ked by icc Public Weft. cs D~rec%or. k geo'a~'r, nical zepo~ shrdl be pzepzred by a Ec.e,ns~d g~t~Fm".czl en§L--,~r to address r~..ommended desi§ns for pro, sod ro~dv,'ays. ~'~e report shall de.:~il so;.2 and §roundwater conditions. Rezommendzfions to ensure inte~n;,b, of ~mre. roadways shall be subj~t to review ~.nd approval by ~-,e Public Works Director. A tempor:-ry p~ved tum-~,~ound wi. il be cons'~c',.ed'~ zt u~e weslerly end ef 25C, a Place Soufia L'a accordance with S~fion 2.07 of uh¢ KL-..g County Road Sta'-,dzrds. Sidew~lk~ shzil be consWoctM to extend tkrough the c:n-..2or-~y turn-around z-ea. Tempor:-,~f easements shall bt provided and s,".ail b: placed on t.he face of ',he, £mzl plat zs r~uLred by the PubEc Works Direc;or. A 10 foot utili,'-y e~sement shall be provided a3ong Cee front of -~1 lots ~nd h-acts located adjacent lo propos~ st,-~t fi§htr-of-way zs :ec'zke.d by ~,he PubEc \Vorks Dkector. along the entire plat frontage, '~ith curb, guner, s]de'.~k a'~n-m, rc rav~--~- _ PAGE OF PA. RK.LA~N'E VE. NrI'URF~/HERITAGE WOODS FfLE #SUB-91-0001; R7_~92-0001 FI~IE FfLE g92-4 PAGE 16 REZON-E APPLICATION NO. RZ-92-0001 Pursuant to Section 20.130.30 of the Envi.ronrnent>l Policy Ordinznc.~ all mitigation measures of the April 8, 1992 mitigated determinafie= of nonsignificance are incorpom~:i by reference zs conditions of this Failure io comply with the n'fitigadon mea_~ures shzil constitute grounds .;'or suspension and/or revocation of uhis ~ppmvzl. Approwl of this propo.~ rezone is subject to approval cf prelimLnz~ application number Sb-B-91-0001. In the event C.'~zt pze!i,,-fin~,--y p!zt app!'.'c~on number SUB-91-00Ol is d~?".ed, ~-~y zcL;.on '.o app:eve f:-'.s rezone s:?_~ be deemed L'walid and a ne';,' public hea.,'-2.ng requ-h'e~.. ~..,e Resolution of L-,tent to Rezone sn-~.ll, provide u~zt one-yea_r urr..e ',"-~ of FWZC S~fion 155.10O p!zt approval sp~--ified under FWZC $~fion 16.120, zi/o..¥;- =~.= ~_- C-,rea-y~ ~rne , .-x: ]992. DA/ED THiS 161--I{ DAY OF 5"1,. RIGHTS TO RECONSIDER&I-ION ,~.\'D CI:{ALL~'qGE Any person who has angnt to chz!.lenge ~- ,e.:om,,enea,.on under ~r,e Fe.d. er-~t. Way Zor.'_.ng CruSe may re. quest uhe Healing Ex;.'nLner to re. sons[der ;.ny asp.act of ,'-,is or her recommender-,?, by de!ivef, ng z wrir'~n request for r~-.onside~fion to t.he Pl~,-ming Depz,~rr,,~,-'.t calendar days ~=ter the date of issuz_nc.e of the Hea,-ing Exz~miner' s r~ommendr-.5on. The .?_~--_-~n requesting the recons[dera~on shall sp~_i,'=y in the request what a.sT~_.:t of C~-.e r~_.ommen '-c.=-_ion he er she wishes to have rezons:,dered ~,nd the rea.son for the re~uest. request a.nd the response Io the request shall be §ovemed purs,'.=.-.t to F~er~l. Way Zoning Code. W~L'I ten (10) working days.-.-..'-.2--, r~..e~wLng a request .,"er recons!derafion, the Hea.rLng E×a~,-iner shall notify the persons who ,'.,ave a fight to app,.gl u.-nr~er th-. Fed. er-,-1 Way Zon;.ng Code, whether or not the r~-.ommendafion will be reconsidere.5, q-he Hearing ExamLner may reconsider the 're=om.rnenda.~on ordy if he or she concludes that '.'.s ~ _ substar, t/al merit La the request. The prc~sess of the recons~der-~on ~'~1 be acc. orctz.nce with the F~e,'-zl Way Zoning Code. The recommen .darien of C'~e ~ea.,-ing Exz:-=2n. er may be challenged by any person who ~s to re. seNe a copy of that r~or-,,~.-n, nd. ation vzc ss.s0.s.w. , th-. ,o,,-,, o; :o c,: O Pla.m-ring Dep--..F~ment wk.',L.n fourteen (...) ca2er, d--_r days after PARKLA~N'E VENTURES/HERITAGE WOODS ~E ~S~91-000I; ~92-0001 PAGE 17 Ex~er's r~mmendafion or, if a r~uest for r~onfide~fion (,14) ~d~ days of eider ~ d~ifion of ~ H~E ~cr denying ~ r~uest for r~ons{dem~on or th~ r~ons{der~ r~ommendzfion. ~ leuer of ch~leng~ must con~n a c]~ refemn~ to ~e m~er being chfi]eng~ md a sm~ment of ~e sp~ific f~cm~ findings mhd · conclufions of ~ H~g ~er dispu~ by ~ ~rson f~ng ~: ch~nge. ~ person 5~ng ~ ch~lange ~h~ ~c]ude, wiuh ~e le~mr of ~p~, zpp~ w~ not b~ ~pt~ unless it is z~mp~"~ by ~ r~uh-~ f~. ~* r~mmendzfion of th~ ~g ~x~hner may b~ ch~eng~ wh~er or not ~er~ w~ a r~uest to r~onsider uh~ H~g Ex~er's r~mm~n~fion. EXHIBIT PAGE.. OF , Exhibit C BEFORE THE HEARING EXAB~'ER OF THE CITY OF FEDERAL WAY In Re the Application o[ Parldane Ventures, Inc. For Rezone and ]Preliminary Plat Approval of that tract of ~nd known as Heritage Woods ) ) ) ) ) ) ) ) FILE//SUB 91-000I; RZ-92-0001 FWH'E ,"92-4 -- DECISION ON RECONSIDERATION On July 8, 1992 the Examiner ordered a second heating to address issues raised by the City of Fede~l Way in its request for reconsideration (FWZC 155.65)(6). The Examiner requested that the applicant ~nd the City address four specific issues which were set forth in the order on request for reconsideration. Based upon the testimony received at the public hearing and additional exhibits made pm-t of the record herein, decisions on each of the four issues hereby made as follows: W'hat is the role of the Feder'A Way Hearing E~'aminer in reviewing a zone reclassification and preliminary plat request? Zone reclassificaion requests md preliminary plat applications m,e both Process ~rr'actions under the City of Federal Way codes (FWZC 16.90.10 and 130.30). Fedex-.-1 'Way. Zoning Code Section 155.35 requires that the Examiner hold a public heexing on each Process TII application. Section 155.35(3) provides 2s foUows: '.E.ffe, ct - The hearing of the Hca-lng Examiner is the hearing for City Council on the application. City Council n~,,~,d not hold another hearing on the application.' .The Hearing Examiner is therefore sitting .on behklf of and in the place of the City Council to review each requirement 'of each City agency. 2. What review authority, if any, does the Hearing Examiner have over requirements imposed by the Public Works Director? As previously stated, the Hearing Examiner is sitting in the place of the Cit'), of Federal Way City Council, ~nd has the same authority ~s the Council to review requirements imposed by the Public Work Director. The Examiner's review, however, is in the nature of a recommendation to the City Council, which is free to accept or reject the said recommendation. In addition, F~¥ZC 16.100.20 specifically requires the Examiner to review preliminm-y plats for compliance with the subdivision ordinmce 'and any other applicable ordinances or regulations of the City and RCW 58.1'7 .... ' Furthermore, the City Council has set forth decisional criteria which the Examiner must apply in rendering a recommendation. ('FWZC 155.75(-1)) Section 155.75(4)CB) requires that the Examiner recommend approval only if the project is consistent ~with ml applicable provisions of the Code, including those adopted bl~r~~l;~~m the Comprehensive Plan.' Therefore, the Examiner. si,ting in place of PAGE, PRELEgfl]qARY PLAT OF HERITAGE WOODS DECISION ON RECONSIDERATION FXVttE .92-4 PAGE 2 determine whether the Public Works Director is properly interpreting the City~6f Federal Way Zoning Code, Subdivision Ordinance, and any other applicable ordinances or regulations of the City. May the Public Works Director impose requirements for road improvements (or other improvements) which m'e in excess of direct plat impacts? Does the Examiner'have the authority to review the Director' s determination as to required improvements to mitigate direct plat impacts.'/ There are generally ~'o types of regulatory codes. One type of code, such as the Uniform Building .Code, establishes specific standards for construction. Other examples of specific ~tandards include, but are not limited to, landscape requirements, sidewalk construction standards to include minimum widths and heights above right-gf-way, standards for utility construction to include a requirement of underground utilities., strut lighting, and road construction standards such as construction materials, trench backff'fll and restoration, and survey monuments. The Public Works Director may require road construction within the City to adhere to the specific standards regarding the type of pavement, dr'M.nzge stand,ds, the depth and nature of road beds, tl'l>e of traffic control device, and pavement mar ~ldngs. Departures from these ~ific standards should be requested through a variance procedure. The ~se.:~nd type of regulatory code gr'~nB the PubLic Works Director authority to make decisions regarding mitigation of development impacts. Examples of development impact decisions would be as in this c2se, whether a minor arterial should be thr~ lanes, four lanes, or five lanes. Other development impact decisions include, but are not limited to, determining whether an applicant's project generates the need for a traffic sight-l, ch~melizafion, or other improvements necessary to mitigate traffic circulation and safety. These determinations are subject to review by the City Council, and thus by the Hearing Examiner at a preliminary plat hearing. The requirement for road improvements is a specific plat impact decision which is subject to review at a public heating. In requiting road improvements, the Public Works Director is guided by Tire 22 mud the Federal Way Comprehensive Plan, wkich do not allow imposing requirements in excess of direct plat impacu. Therefore, the PubLic Works Dh-ector should not impose requirements roi' road improvements which are in excess of direct plat impacts. The City Council, and therefore the Hearing Examiner, have authority to review the Director's determination ~ to whether required improvements exceed direct plat impacts. Is a five-lane roadway section along the frontage warranted? V,~at criteria used in determining whether or not a five-lane roadway section is wzn'v_nted? Do the direct traffic impacts of this proposal require the five-lane roadway section, as opposed 1o a three- or four-lane roadway section? EXHIBIT PRELL~{INA.RY PLAT OF ~AGE WOODS DECISION ON RECONSIDERATION FV~IE g92-4 PAGE 3 Following exhaustive presentations by both the City and the applicant's traffic engineer, the Examiner is convinced that a five-lane roadway section along the frontage is not wan-anted. The reasons for this determination are as follows: Ac. cording to the City, the average sp-~xl of 85% of the vehicles travelling on l~filitary Road is 46 miles per hour, 6 miles above the posted speed limit. It would not seem that the capacit3, of Military Road is a significant problem if a large percentage of the traffic is exceeding the posted speed limit. In determining that a five-lane road section is required, the CiD' hzs retied upon trifle studies from the City of Bellevue, the State of Florida, ~d the Ci~ of Federal Way Transportation Improvement Progr'ean for 1993-2003. .The applicant has based its assertion that a three-lane section is satisfactory upon an' exhaustive specific study of Military Road including taM'fie gaps; historical taeffic increases over the past five to seven ),ears; arrival and departure counts zt the p-~_k hours; the spread of the evening peak hour; and estimated trip distributions. The Ci~'s requirement w~ based upon genex-~l studies as opposed to the applicant's exhaustive, siy~ific study of Military Road. South of 272nd Street, Militzry Road is stfipM for t~,o h-~fic lm'~es with 6-foot grovel or ~phflt shoulders, o~n4itch d~nzge, and 40 ~e-~r-hour ~s~ sp~ 5~t. T~fic sign,s ~e presently lo~t~ ~t ~e Luters~fions wi~ Sou~ 272nd Sh~t, Sou~ 288~ S~t, Sou~ 304~ S~t, ~d Sou~ 320~ S~t. ~n~oll~ by stop signs. At ~e ~t~s~fion of Sou~ 272nd Su~t, widen~ for ~r~ l~es no,bound mhd ~'o l~es sou~bound. At Sou~ 288~ S~t, ~~ Road is widen~ to ~ow for ~r~ imaes nor&bound rand sou~bound. At Sou~ 3~ S~t no mining l~es ~e provid~ on M~ Road. At Sou~ 320~ S~t, ~ili~ Road is ~4den~ to ~low for ~ l~es now&bound ~d sou~bound. It not zpp~ r~onzble to r~ire ~e ~4dening of Mi~ Ro~d to a five-lmne ro~d ~fion be~'~n m~jor inters~fions for a shorn dis~. ~e ro~d would ch~ge from ~'o l~es to five l~es back to ~'o l~es, ~d ~en evenmflly to ~ l~es ~t a m~jor ~rs~fion. Such ~uld cz~te ~fety h~ds by en~umging drivers to ~nempt pzssing in ashom dis~. Substantial portions of both sides of Military Road are already developed and it is unlikely that other five-lane road s~tions could be required in the future. EXHIBIT PAGE OF PRELIMINARY PLAT OF HERITAGE WOODS DECISION ON RECONSIDERATION F~IE PAGE 4 o The Federal Way Transportation Improvement Program for 1993-2003-sets forth 34 major capital street improvements, commencing with 1992 and ending with 2002. The widening of Military Road from Interst2te-5 (south) to Interstate-5 (north) is listed as Project Number 28, and is scheduled to commence in 2001 with most construction performed in 2002. No widening projects are scheduled for Milit2ry Road for ten years. It is simply not reasonable to brae the requirement for a five-lane road section on a currently unfunded project, which may or may not occur ten ),ears from now. There are no specific requirements for curbs, gutters, sidewalks, and bike paths on both sides of streets that have been, or will be, constructed or improved within the City. Chm-t 110-1 requires sidewfi 'ks, but does not specify that they should be on both sides of the road. However, the two accesses on to .'Milit2ry Road, coupled with the incre2s, ed tr"~fic, will adversely impact bicyclists ?..nd p~estrians on the e2.st side of Milil2a-y Road; therefor, e, curbs, gutters, sidewalks, and b~e paths.~hould be r~uired on both sides of s2.id road. DECISION The Request for Reconsideration in this maner is hereby GR.MN'I'ED L-N PART znd DF_~N'IF_.D LN PART. DATED THIS 2ND DAY OF OCTOBER,~1992. STEPHEN K. CAUSSEAUX, Heating ~xaminer RIGH.'I'S TO RECONSIDERATION AND CHALLENGE The recommendation of the He2r/ng Exzminer may be challenged by any person who is to receive a copy of that recommendation pursue,ut to I~VZC 155.60.6. That chfilenge, in the form of a letter of challenge, must be delivered to the Planning Department within fourteen (14) calend~r days after the issuance of the He2.ring Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the decision of the He2ring Examiner denying the request for reconsider2tion or the reconsidered recommendation. The letter of challenge must cont~_Jn a cle2.r reference to the maner being challenged and a statement of the specific factual findings and conclusions of the He2.ring Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of appe21, the fee established by the City. 'Fne app~l will not be accepted unless it is accompanied by the required fee. The recommendation of the He2aSng Examinermaypo whether or not there was a request Io reconsider the Hearing Examiner's recom PgtaE ..... 0F ,, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF HERITAGE WOODS, DIVISION 2, FEDERAL WAY FILE NO. SUB98-0003. WHEREAS, the preliminary plat for Heritage Woods, Division 2, City of Federal Way File Nos. SUB91-0001 and SUB92-0005 was approved subject to conditions on October 20, 1992, by Federal Way Resolution No. 92-122; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 92-122 and in the June 16, 1992, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, subsequent to obtaining preliminary plat approval, the applicant has separated the plat of Heritage Woods into Division 1 and Division 2; and WHEREAS, the Heritage Woods Division 1 has received final approval and is recorded in Volume 179 of Plats, at Pages 76 through 83, inclusive, records of King County, Washington; and WHEREAS, the applicant submitted the application for final plat for Heritage Woods, Division 2, within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, City of Federal Way Department of Community Development Services staff have reviewed the proposed final plat for its conformance to the conditions of the preliminary plat and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the January 26, 1999, Staff Report; and Res. # , Page 1 EXHIBIT PAGE OF WHEREAS, the Land Use/Transportation Council Committee considered the application for final plat for Heritage Woods, Division 2, at its February l, 1999, meeting and recommended approval by the full City Council; and W~IEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Heritage Woods Division 2 during the Council's February 2, 1999, meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY AS FOLLOWS: Section 1. Conditions and Conclusions. 1. The final plat for Heritage Woods, Division 2, City of Federal Way File No. SUB98- 0003 is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time of submittal of the substantially complete application. 2. Based on, inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. Res. # , Page 2 EXHIBIT £ PAGE OF 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 92-122 and the conditions in the June 16, 1992, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20ol 35. 5. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for maintenance of all required plat improvements, including financial guarantees to implement the Supplemental Wetland Creation Plan by Kucinski Consulting, revised January 22, 1999, to be implemented by March 31, 1999, and to implement completion of the required landscaping behind lots 60 - 66 by June 1, 1999, as identified in the January 26, 1999, Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2. Application Approval. Based upon the Findings of Fact contained in Section 1 above, the final plat of Heritage Woods Division 2, City of Federal Way File No SUB98-0003 is approved, subject to satisfaction of the maintenance conditions identified in the staff report and as required per applicable codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. All recording fees shall be paid by the applicant. 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 Res. # , Page 3 EXHIBIT ..... ,, PAGE, OF unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective upon passage by the Federal Way City Council, and upon the effective date of Ordinance No. , rezoning a portion of the property in Heritage Woods Division 2. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ,1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RONALD GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: L ~PRMSYSkDOCUMENTXSUB98_00 03~RESOLUTN DOC Res. # , Page 4 EXHIBIT_ PAGE OF ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REZONING A PORTION OF AN APPROXIMATELY 15 ACRE SITE GENERALLY LOCATED BETWEEN SOUTH 282ND AND SOUTH 284TH STREETS, WEST OF MILITARY ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE FAMILY RESIDENTIAL (RS 9.6) TO SINGLE- FAMILY RESIDENTIAL (RS 7.2), (REZ92-0003). WHEREAS, the applicant, Schneider Homes, Inc. has a possessory ownership interest in three parcels of property comprising approximately 15 acres, located on the west side of Military Road immediately south of its intersection with Star Lake Road and Interstate 5 overpass; and WHEREAS, the northern approximately 26.5 acres of the property is known as Heritage Woods Division 1, recorded in the records of King County in Volume 179, Pages 76-83, is presently zoned RS 7.2; and WHEREAS, approximately seven acres of the total 15 acres of Heritage Woods Division 2, City of Federal Way File No. SUB98-0003 is presently zoned RS 7.2, while the eastern approximately eight acres are presently zoned RS 9.6; and WHEREAS, the applicant is requesting a zoning change (application No. REZ92-0003) for the eastern eight acres, and is additionally requesting to subdivide Heritage Woods Division 2 into 66 single-family residential lots (a portion of the subdivision commonly known as Heritage Woods), pursuant to Federal Way Application Nos. SUB91-0001, SUB92-0005 and SUB98- 0003; and WHEREAS, the property to be rezoned in Heritage Woods Division 2 (Division 2 Property) is legally described as: That portion of Tracts G, H, & J, Heritage Woods Division 1, according to the Plat thereof recorded in Volume 179 of Plats, Pages 76 through 83, inclusive, and located in the NE, SE, and SW 1/4's of Section 33, Township 22N, Range 4E, W.M. in King County, Washington. Ordinance No. , Page 1 EXHIBIT PAGE OF H WHEREAS, the applicant in 1992 applied for a project rezone, wherein the City evaluated the applicant's specific development proposal for the subject property as part of the decision on the rezone; and WHEREAS, pursuant to Federal Way City Code Section 22-296, a project related rezone is processed according to Process V described in Section 22-476 of the Code; and WHEREAS, after all proper notice requirements, a public heating was held on the specific rezone and Preliminary Plat Application on June 1, 1992; and WHEREAS, the City of Federal Way Hearing Examiner, having heard public testimony and reviewed all written comments and evidence presented, issued a recommendation on Rezone and Preliminary Plat Application on June 16, 1992; and WHEREAS, the Hearing Examiner recommended that the request for rezone classification from RS 9.6 to RS 7.2 (application No. REZ92-0003) and the preliminary plat approval for Heritage Woods, Federal Way Preliminary Plat Application Nos. SUB91-0001 and SUB92-0005 be approved subject to the conditions contained in the Recommendation on Rezone and Preliminary Plat Application; and WHEREAS, Heritage Woods Division 2 has been constructed and financially guaranteed in compliance with the preliminary plat approval, and Chapter 20 of the Federal Way City Code; and WHERE^S, the City Council, on October 20, 1992, preliminarily approved the project related rezone pursuant to the Intent to Rezone in Federal Way City Council Resolution 92-122; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Criteria to Rezone. The City council makes the following Findings of Fact pursuant to Federal Way City Code Section 22-489(e): 1. The project related rezone is in the best interests of the residents of the City. The applicant is developing the site in accordance with all City codes and regulations. Also, the applicant is buffering existing adjoining developments, protecting and restoring sensitive areas, and providing walkways to ensure safe access to schools. Ordinance No. , Page 2 EXHIBIT PAGE = OF 2. The proposed rezone is appropriate because the rezone will correct a classification or zone boundary that was inappropriate when established. The site is located within the suburban residential land use classification of the applicable comprehensive plan. Both RS 7.2 and RS 9.6 single family zones are allowable within this classification. The properties adjoining the south and west, and Division 1 to the north are currently zoned RS 7.2. Division 2 is split zoned, with approximately 45 percent being zoned RS 7.2. The RS 9.6 properties are generally located along the eastern portion of the site. The requested zone classification would allow comparable density and development standards throughout the entire site. 3. The project related rezone is consistent with the Federal Way Ci~_ Code in all respects. The City's Community Development Review Committee has reviewed the proposal in relation to all zoning code requirements and regulations. As proposed and recommended by City staff, the Heritage Woods Division 2 final plat and rezone complies with all applicable codes and regulations. 4. The site plan of the proposed project is designed to minimize all adverse impacts on developed properties in the immediate vicinity of the subject property_. The potential for adverse impacts resulting from the proposed development was considered through the environmental review process. Measures to minimize or eliminate identified adverse impacts were required through that process. 5. The site is designed to minimize impacts upon public services and utilities. In conjunction with required offsite improvements, streets and utilities within this area are adequate to serve the development. No impacts to public services have been identified. Section 2. Findings of Fact. The City Council of the City of Federal Way adopts the Findings of Fact contained in the Hearing Examiner's June 16, 1992, Recommendation on Rezone and Preliminary Plat Application, attached hereto as Exhibit A and incorporated herein by this reference. The applicant has constructed and financially guaranteed Heritage Woods Division 2 in conformance with the Intent to Rezone in Resolution 92-122, and the preliminary plat approval. Section 3. Rezone. The Heritage Woods Division 2 (Division 2 Property) is located generally between South 282nd and 284th Streets, west of Military Road, and within the City of Ordinance No. , Page 3 EXHIBIT F PAGE OF,, Federal Way is hereby rezoned from Single-Family Residential (RS 9.6) to Single-Family Residential (RS 7.2), and subject to those conditions contained in the October 2, 1992, Decision of the Heating Examiner on Reconsideration attached hereto as Exhibit B and incorporated herein by this reference. Section 4. Severability. If any section, sentence, clause, or phrase of this ordinance 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 section, sentence, clause, or phrase of this ordinance. Section 5. Effective Date. This ordinance shall be effective five days after passage and publication of an approved summary consisting of the title hereto. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY this ., 1999. CITY OF FEDERAL WAY day of ATTEST: MAYOR, RONALD GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: L ~PRMSYS\DOCUMENTXSUB98 00 03\ORDINANC DOC Ordinance No. , Page 4 EXHIBIT F 6510 Southcenter Boulevard.Suite # 1 .Tukwila, WA 98188o(206) 248-2471 ,,FAX (206) 242-4209 January18,1999 Phil Watkins, Chair Land Use/Transportation Committee City of Federal Way 33530 l't Way South Federal Way, WA 98003-6210 Re.' Ordinance Approving Final Plat of Heritage Woods Division No. 2 City File No. SUB98-0003 Dear Mr. Watkins: It is my understanding that your committee will review our final plat application for the referenced project on February I, 1999 before moving it before the full Council on February 2, 1999. Mr. James Harris shared with us in a January 7, 1999 letter that the City Council is required to approve an ordinance re- zoning the property to RS 7.2. He further stated that an ordinance requires two separate meetings before the full City Council, unless the City Council chooses to suspend the rules and condense the ordinance reading into one meeting. Since the typical time frame for ordinance enactment is 30 days from adoption, for the sake of expediency, we request that the required ordinance for the re-zone be condensed into one single reading, and the enactment time for that ordinance be reduced from 30 to 5 days. I believe the applicant for Heritage Woods Division One, Parklane Ventures was successful in obtaining approval ora similar request when they were attempting to record Heritage Woods Division One. We are quite anxious to move this project forward, and would appreciate any effort that will allow us to reduce the normal waiting period for ordinance enactment. We have numerous families anxiously awaiting the start of their new homes, and we want to do all that we can to insure the home's completion in the shortest acceptable time period. If there is anything more we need to do to further insure approval of our request for a condensed reading is granted, please do not hesitate to call me at (206) 248-2471. /IEenneth E. Peckham / Schneider Homes, Inc. i/ Cc: Greg Moore, City of Federal Way James Harris, City of Federal Way EXHIBIT, ,, PAGE ± OF,, l'- SC.HN-E 1-24~5 P8 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AT&T/TCI MERGER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Summarized report by consultant reviewing the proposed merger & proposed Resolution approving the change of control. SUMMARY/BACKGROUND: The City received a request from TCI for the approval of the pending merger (transfer of control) with AT&T. Staff and Lon Hurd at 3-H Cable Communications Consultants reviewed the request (FCC Form 394) and the attached financial data, the potential impact of the merger to the rate payers, and the City's options under the Cable Communications Act as a franchise authority. CITY COUNCIL COMMITTEE RECOMMENDATION: Committee recommended forwarding to full Council for action. ..........................................................................................................................................CITY MANAGER RECOMMENDATION: /~'~'~ '~'dZ~ i~d; ...... ~ ................... ,cc~,c%~'"": ............. ~: ......... r':Z~z.~.&~, ~ ................... ~,~~: ............ ~---~: ................. ....................................................................................................................................................................................................... .... ............ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: January 22, 1999 Finance, Economic Development and Regional Affairs Committee Mehdi Sadri, Information Systems Manager Proposed TCI/A T& T Merger The City received a request from TCI for the approval of the pending merger (transfer of control) with AT&T. Staff and Lon Hurd at 3-H Cable Communications Consultants reviewed the request (FCC Form 394) and the attached financial data, the potential impact of the merger to the rate payers, and the City's options under the Cable Communications Act as a franchise authority. The findings of the review are summarized in the attached consultant report. Staff recommends City Council adopt the attached resolution to approve the proposed merger subject to the condition that AT&T will obtain the necessary federal, state, and local authorizations prior to the introduction of any services not currently authorized under the franchise agreement, or by applicable laws. The intent is to preserve the City's authority to collect any fees, taxes, or other assessments as may lawfully be levied now or in the future. Committee Recommendation: The Committee recommends forwarding the attached resolution to full Council for action on February 2, 1999. Approval By Committee: ~ C~nmittee~hair k2Finance\*\TCIMERG. DOC {_.~//- Committee Men~er ~/Committ~/Member TO: FROM: SUBJECT: DATE: Mehdi Sadhri, Informational Services Manager, City of Federal Way 3-H Cable Communications Consultants Merger of Cable Television Franchise of Tele-Communications, Inc. (TCI) with AT&T Corporation December 28, 1998 Under the date of August 14, 1998, Tele-Communications, Inc. (TCI) filed an FCC 394 form with the City requesting approval of its merger with AT&T Corporation, triggering the "change of control" clause in your City's Master Cable Television Ordinance. In the Cable Television Consumer Protection and Competition Act of 1992, Congress passed certain regulations to formalize and standardize requests to a franchising authority for the transfer of a cable television franchise. Some of the original regulations (such as prohibiting a resale within three years) have been subsequently modified. Essentially, the FCC mandates a franchising authority to act upon such a request within 120 days. Failure,to act shall be deemed as granting the request (unless the cable operator agrees to an extension). The form requires certain information and exhibits to be given to a franchising authority. Attached to the request form was a volumifious amour~t of detail, very little directly pertinent to the matter at hand. The financial data in the form of AT&T's annual report merely confirms the most considerable strength of this titan of American communications. Therefore, although a question always arises in instances such as this as to how much of AT&T's not inconsiderable assets will indeed be allocated to the newly acquired TCI, there is little to be gained by making an analysis of AT&T's assets in themselves. Suffice it to say they are adequate, by any measurement, to support TCI's franchise commitments which is the only yardstick in this aspect involved. The focus of this report and recommendation will therefore be on: I. Effect of Merger Upon Cable Rates. Cable television is a de facto monopoly in 96% of all U.S. cities. The City of Federal Way is served, by only TCI and there does not appear to be any credible competition on the horizon. While the internal business plan of AT&T is, of course, unknown to us it would not seem, that with its far greater resources that it would be as capital starved as TCI has been in the past five years. It could be therefore argued that the pressure will be less on the surviving company (AT&T) than on TCI in this regard and that capital expenditures for upgrades and other services will be freed up. With all rate regulation, save basic, scheduled to be removed next year a franchising authority will have even less control and therefore be more subject to the profit objectives of the cable operator. Given the bad reputation of the cable industry as a whole it can be assumed that AT&T would not wish to tarnish its better regarded image by leading a charge for higher rates. However, it is doubtful that AT&T will wish to micro manage its subsidiary to the extent of determining its rate structures. In our judgment this merger will have very little effect, one way or another, in as to itself, over local rates. As a subset to the discussion of rates, AT&T officials have publicly stated upon numerous occasions that all TCI obligations will be honored. John Zaglis, president of AT&T has promised, relative to the merger, "the people stay in place and so do the commitments". However, verbal promises are, of course, subject to later modifications as circumstances may dictate. 1I. Potential Effect Upon Other AT&T/TCI Telecommunications Franchises. This has been a concern of cities long before AT&T moved directly into the cable picture. As you may recall, over the past two years, the City of Troy, N.Y. has,been battling TCI in the courts and with the FCC on the issue of what services they are authorized to provide under their existing telecommunications franchise. We believe that oral commitments and even the statement made by AT&T in Exhibit 4: "if iB the future, AT&T offers services other than those authorized by 'the franchise agreement and any relevant laws, AT&T will obtain any necessary federal, state or local authorizations prior to the introduction of such services over TCI's cable system" should be fortified with such words as are indicated in the attached draft proposed resolution. HI. Final Conditions of Transfer. As astonishing as it may sound, the proposed merger is far from a done deal. The FCC itself asked for comments from interested parties to be submitted by October 29, 1998 with replies due November 13, 1998. The FCC has therefore yet to approve certain peripheral issues involved. A second area of concern as to the final terms of the arrangement is the volatility of the financial aspects of the transaction. Because this is essentially a stock swap, the volatility of the price of one company vis a vis the other is critical. There have been rumors that John Malone, TCI Chairman may seek more favorable terms as a result. We therefore feel that this potential should also be specifically addressed in your resolution. IV. Conclusion. In summary, this merger should not adversely effect the City of Federal Way's cable television franchise. Present management of TCI, for better or worse, will apparently stay in place. AT&T has deep pockets and, if so willing, can accelerate the development of new services for subscribers. The image of the telephone industry in customer relations is far better than that of cable operators and it is to be hoped that this will be imposed upon TCI. We recommend the City Council approve this request for transfer subject to the special conditions embodied in the draf. t resolution attached. RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY APPROVING THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE. WHEREAS, Tele-Vue Systems, Inc. ("Franchisee") is duly authorized by the City of Federal Way (the "Franchise Authority") to operate and maintain a cable communications system (the "System") in Federal Way, Washington pursuant to a franchise granted by the Franchise Authority under Ordinance No. 95-238, and 96-264 (the "Franchise"); and WHEREAS, pursuant to the Agreement and Plan of Restructuring and Merger among AT&T Corp. ("AT&T"), a newly formed wholly owned subsidiary of AT&T ("Merger Sub"), and Tele-Communications, Inc., the parent of Franchisee ("TCI"), dated as of June 23, 1998 (the "Merger Agreement"), Merger Sub will merge with and into TCI with TCI as the surviving corporation in the merger, and as a result of the transactions contemplated by the Merger Agreement, TCI will become a wholly owned subsidiary of AT&T (the "Transactions'); and WHEREAS, Franchisee will continue to hold the Franchise after consummation of the Transactions; and WHEREAS, FCC Form 394 with respect to the Transactions has been filed with the Franchise Authority; and W~-IEREAS, the parties have requested consent by the Franchise Authority to the Transactions. Resolution No. __ Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: ~a.C,.TJ, O_~LL The Franchise Authority hereby consents to and approves the Transactions to the extent that such consent is required by the terms of the Franchise and applicable law, provided that: A) TCI and AT&T agree that TCI as a wholly owned subsidiary of AT&T, will continue to be bound by the terms of the Master Cable Television Ordinance No. 95-239, and the Franchise, any amendments thereto; and B) In accordance with Exhibit 4 of the FCC Form 394, if, in the future, AT&T offers services other than those cable television services currently authorized by the Franchise and any applicable laws, AT&T will obtain any necessary federal, state or local authorization prior to the introduction of such services over Franchisee's System. Implicit in this statement is the obligation to pay to the Franchise Authority any fees, taxes or other assessments as may lawfully be levied; and C) The final merger agreement consummated by the parties and approved by the federal government shall not contain any material changes from the facts submitted in Franchisee's request for consent to the change of control submitted to the Franchise Authority. SECTION 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent Resolution No. __ Page 2 jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. ,~F~O.h~.. Ratificatiola. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affh'med. i,$ftAT,.T..I.Q]~L3.. F.,I][g~t.g_D~l~. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this __ day of January, 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Resolution No. Page 3 MEETING DATE: February Z, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: USE OF 1999 REPLACEMENT RESERVES FUND CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memo to City Council Committee dated January 19, 1999, from Information Systems Manager Mehdi Sadri. SUMMARY/BACKGROUND: Request to use $2,500.00 of replacement reserves fund to replace malfunctioning printer. CITY COUNCIL COMMITTEE RECOMMENDATION: Committee recommended forwarding to full Council for approval. ..... ............................................................... .......................................... APPROVED FOR INCLUSION IN COUNCIL PACKET: _C~' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: January 19, 1999 Finance, Economic Development and Regional Affairs Committee Mehdi Sadri, Information Systems Manager Color Laser Printer Replacement Background: Requesting release of $2,500 accumulated reserve funds to replace malfunctioning color printer. This printer has been very problematic in the past year and it is inefficient to continue repairing and having the down time in between repairs. The printer was purchased for $7,500 in 1996, and it is no longer under warranty. However, the manufacturer has agreed to exchange the printer for a newer and more reliable model at much lower cost. The accumulated reserves for this printer are $2,500.00, and this amount is sufficient for the exchange. Note: This printer was not identified and approved as part of equipment to be replaced in 1999, or 2000. Committee Recommendation: Forward to full Council to approve the use of replacement reserve fund in the amount of $2,518.00 for replacement of Public Safety's color laser printer. APPROV~ BY COMMITTEE: Com~nitt~t/Chair qmscvr.doc 1/19/1999 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1999 Arts Commission Work Plan CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND: The Arts Commission held a retreat in November to begin the process of creating the 1999 work plan. The work plan was further developed by the Chairs of each of the .......................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At their January 26, 1999 meeting, the Finance/Economic Development and Regional Affairs Council Committee passed a motion approving the Arts Commission's 1999 work plan as presented. ....................................................................................................................................................................................................... .................... ~"" .............. 7?"-'"5 ........................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL FINANCE AND ECONOMIC DEVELOPMENT AND REGIONAL AFFAIRS COMMITTEE Date: From: Subject: January 21, 1999 Mary Faber, Recreation and Cultural Services Manager 1999 Arts Commission Work Plan Background: The Arts Commission held a retreat in November to begin the process of creating the 1999 Work Plan. The Work Plan was then further developed by the Chairs of each of the Committees elected in 1999 and approved by the full Commission in January. Enclosed is a the recommended 1999 Work Program and a copy of the Arts Commission's 1999/2000 budget. Committee Recommendation: Motion to approve the 1999 Arts Commission Work Plan as presented. II Committee Chair v ~ommitte~q~lember G:\CLERK\CMTE.REC 3/I 1/96 City of Federal Way Arts Commission 1999 Work Plan Public Art Committee A. Finalize Public Art Policies Maintain City Hall Exhibits and Knutzen Family Theatre Gallery 1. Secure artists for KFT Gallery for the remainder of 1999. 2. Review current policies for exhibit area and update 3. Secure artists for both galleries for the 2000 in the Fall. Co Implementation of 2% for Art and Public Art Projects at Celebration Park. 1. Develop appropriate sites for art projects. 2. Hire consultant for managing project. 3. Develop time line for artist selection and implementation of adworks. Do Develop advisory role with the Regional Transit Authority and the Public Art Advisory Committee for Federal Way Art Projects. Eo Look for opportunities for involvement or partnership with businesses/chamber for a welcome sign or visible imagery for Federal Way entrance/s. Community Relations Committee A. Publish bi-annual newsletter: Fall/Winter & Spring/Summer B. Update and print the informational Arts Commission brochure C. COntinue producing print media columns on arts topics 6 times/year. D. Attend Chamber meetings and bring promotional items for display. Sponsor a marketing seminar at KFT for non-profit arts organizations in the Spring of 1999. Assist City Staff in the development and layout of Web Page(s) G. Submit information for the cultural calendar page on a quarterly schedule. Programs Committee Ao Review policies for Contract for Services Program 1. Develop agenda for types of programs to sponsor 2. Update the application information for 2000 programs. Bo Develop concept for extended arts camp (4-6 weeks) for older age children. Co Explore the continuation of the King County Performance Network and the Commission's role in the network. Do Red, White and Blues Festival: 1. Develop plans for moving the Festival to Celebration Park. 2. Review and revise the role of the Artists in Action Area at the Festival. 3. Review contribution level to the Red, White and Blues Stage. 4. Integrate a public art project into the event. 5. Increase visibility of the Arts Commission at the Festival. More visible booth Place banners at several locations. Eo Continue involvement and funding support of the Summer Sounds on the Beach Concert Series. Facilities Committee Continue to review/revise Knutzen Family Theatre Policies 1. Host February F.W.C.P.A. and get feedback from user groups concerning the facility, policies and pricing 2. Review the pricing guidelines for all uses Bo Continue to educate and promote the facility to the user groups/develop an advocacy role in the community. Assist with the marketing outreach and development of marketing plan for the Knutzen Family Theatre. 1. Review marketing plan. 2. Assist with implementation strategies. Identify improvements and funding strategies for Dumas Bay Centre and Knutzen Family Theatre. 1. Develop a list of needed equipment and approximate pricing. Grand Piano Window Treatments Cocktail tables Carpets Lobby furniture 2. Identify systems improvements. · Central Air Eo Develop on-going advocacy with the Council on facility needs. 1. Update F.E.D.R.A. Committee on facility schedules and needs. 2. Invite Council members to attend Commission and Committee meetings. I:\artscom\workpln.99 I Arts Parade $1,200 $1,200 Contract for Services $29,000 $29,000 Knutzen F. T./Dumas B.C. Improvements $ 7,650 $ 7,650 Exhibits & Materials $ 2,000 $ 2,000 FWCPA Community Concert $ -0- Not committed at this time King County Performance Network(Dance) $1,000 $1,000 New Program Contracts $1,000 $1,000 Newsletter/Fliers/Promotion $ 3,000 $ 3,000 Publi~ Art $ 4,000 $ 4,000 Receptions $ 500 $ 500 Red, White & Blues Festival $ 8,000 $ 8,000 Scholarships $1,500 $1,500 Summer Sounds on the Beach Concerts $1,000 $1,000 Youth Programs $ 2,000 $ 2,000 Cultural Plan Update $ 2,000 $2,000 Total $63,850 $63,850 A.C. ADMINISTRATIVE BUDGET [ 1999 [ 2000 Part-Time Staff $ 500 $ 500 Office Supplies $ 200 $ 200 Books, Maps, Periodicals $ 150 $ 150 Operating Supplies $ 300 $ 300 Food & Beverage $ 200 $ 200 Consultants $ 800 $ 800 Per Diem and Meals $ 300 $ 300 Conference and Seminar $ 800 $ 800 Association Dues $ 400 $ 400 Total: $ 3,650 $ 3,650 Totals: ] $67.500 I $67.500 K:\artscom\budget\revised.99 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET 1MPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Action form dated January 21, 1999; Work Plan; 1999 Recommended Contracts for Services SUMMARY/BACKGROUND: The Contract for Services is an arts funding program for local non-profit arts organizations. The Arts Commission leverages funding they receive by contracting with arts organizations to provide cultural programs and services to the community. Each year, the Arts Commission develops funding guidelines, an application, reviews the requests and makes ...................................................................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At their January 26, 1999 meeting, the Finance/Economic Development and Regional Affairs Council Committee passed a motion approving the ....~..s....C...~..~!..s..s..i..~...n..~..s....r..e..c...~..~.e...n...d...a..t.i...~.ns for funding the 1999 Contract for Services p. ro .~..am as t~resented. ............................................................................................................................... CITY MANAGER RECOMMENDATION: ..A..pproval of committee recommendation. ~0~12:~....~.~¢4 APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL FINANCE AND ECONOMIC DEVELOPMENT AND REGIONAL AFFAIRS COMMITTEE Date: From: Subject: January 21, 1999 Mary Faber, Recreation and Cultural Services Manager 1999 Contract for Services Program Recommendations Background: The Contract for Services is an arts funding program for local not-for-profit arts organizations. The Arts Commission leverages funding they receive by contracting with arts organizations to provide cultural programs and services for the community. Each year the Arts Commission develops funding guidelines and an application and then reviews the requests and makes recommendations to City Council. Enclosed is the Arts Commission recommendations for the 1999 Contracts for Services. Committee Recommendation: Motion to approve the Arts Commission's recommendations for funding the 1999 Contract for Services Program as presented. APPROVAL OF COMMITTEE REPORT: l~m~mil~e Chair . ~/.JCommittee Member --.fi~ommittee Member G:\CLERK~CMTE.REC 3/11/96 Z 0 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HF~AR1NG RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: Memo from City Manager to City Council dated 1/21/99; Finance/Economic Development/Regional Affairs Committee signature page. SUMMARY/BACKGROUND: During 1998 budget deliberations, City Council agreed to address all capital funding needs in early 1999. The Council agreed on the need to develop a strategic plan for funding capital improvements, and the ....c..tt.y..~.,...n..n.g.e..r...h.,~.p. ~p..o**,.~.d.. Z.o..,**!.qp.~.e..,..,...n...n.d...,~..h..,..d...u.!.?. f.o.~..d...?.!.o.p.~Z.~..n...d..~p.! .~.**m.?..U..t.~g ..t..h.~.~**. .................. ............................... CITY COUNCIL COMMITTEE RECOMMENDATION: On 1/26/99, the FinaacefEconomic Development/Regional Affairs Committee recommended that the City Council, on 2/2/99, approve the goals, process and schedule for a capital strategic plan proposed in City Manager's memo to City Council dated 1/21/99. CITY MANAGER RECOMMENDATION: Approve goals/process and schedule for denf01opinl~,and ~ imp. lementing a strategic p. lan for funding capital imorovements. ~'~,"'~ [fi[f,, ........................................................................................................................................................................... ~,~,..~.~...-.~~ ................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # DATE: Januaxy 21 1999 TO: City~~ FROM: yberg, City Manager SUBJEC~apital Strategic Plan Back~,round and Need During 1998 budget deliberations, the City Council agreed not to address all capital funding needs in the 1999-2000 budget, but instead to address them in early 1999. City budgets to- date have addressed City operating needs, but have not fully addressed City capital needs on a comprehensive long term strategic basis. Capital projects have tended to be addressed individually when believed needed using available year-end carry-forward funds, GO bonds, special funds, grants and more recent utility tax revenue funds. A significant number of projects are unfunded. The City Council agreed on the need to develop a strategic plan for funding capital improvements. There is the need to provide predictable funding sources so that projects can be prioritized and implemented in a consistent, well planned process with adequate public input prior to construction. We also need policies to best leverage available City funds with grants, loans and bonds. With a strategic plan in place, the decision to proceed with capital projects the City Council determines are the most needed within Federal Way can be initiated and funded as a part of each two-year budget approval process. For example, 2000 budget deliberations would approve the 2001-2002 biennial budget and the capital projects to be initiated in those years. A capital strategic plan developed in 1999 would start the process and become the basis for year 2000 capital budget deliberations and a coordinated capital facilities infrastructure funding process. The capital strategic plan would support the Growth Management Act (GMA) requirements that each year's capital improvement plan be fully funded for its first 3 years. SEPA for any project or category of projects in the capital strategic plan would be addressed through the Surface Water Capital Improvement Plan (CIP), the Transportation Improvement Plan (TIP) and Municipal Facilities Plan approval process in which it is contained. SEPA for the project, when it is actually to be implemented, will also be necessary. Goals 1. Develop a capital strategic plan to guide the city's infrastructure development; 2. Establish criteria for inclusion, exclusion and prioritization of future capital facilities; City Council 21 January 1999 Page 2 Identify and establish funding policies, goals and process to accomplish the strategic capital plan; o Dependent on funds available, identify capital projects that need immediate funding and should be considered in 1999 during mid-biennial adjustments to the 1999-2000 budget. Proposed Process and Schedule: January and February, 1999 · City staff draft a capital strategic plan in accordance with preliminary City Council direction: - Identify revenues available annually for next 10 years. Also identify new sources - Identify capital projects and project categories for consideration - Draft prioritization criteria - Draft a conceptual prioritized expenditure schedule for next 10 years - Make recommendations to the City Council, both short-term and long-term March, 1999 · Appropriate City Boards and Commissions review the draft capital strategic plan · Make recommendation to City Council April, 1999 · City Council Committees review the draft capital strategic plan · Make recommendations to City Council May, 1999 · City Council review and approve the capital strategic plan in concept Recommendations FEDRAC on 1/26/99 recommend that the City Council, on 2/2/99 approve the above goals, process and schedule for a capital strategic plan. APPROVAL OF COMMITTEE ACTION: {{ ' / Cod~'ittee Chair :--~ommittee l¢lember ~/// Committee'Meml~a/ Il cc: Management Team MEETING DATE: February 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Resignation letter of Lawrence Cater SUMMARY/BACKGROUND: Arts Commissioner Lawrence Cater resigned his position as Arts Commissioner on January 20, 1999, leaving one vacancy on the commission. It is the consensus of Councilmembers to appoint first alternate Frances Veiling to fill the unexpired term through January 1, 2001. The commissioner introduction and certificate will be presented at the regular meeting on February 16, 1999. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: To make commission appointment as recommended by Council of Whole. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BF~OVY TO BE COMPLETED BY CITY CLERK'S OFFICE~) COUNCIL ACTION: DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # MEETING DATE: February 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Adult Entertainment/Retail Establishment Moratorium: Renewal and Work Plan or Expiration CATEGORY: CONSENT ORDINANCE BUSINESS XXHEARING FYI XXRESOLUTION XXSTAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: (1) Proposed Resolution containing Findings of Fact to renew the moratorium for six (6) monflas or until code amendments are adopted, whichever occurs first: (2) Staff Report to be presented to the Planning Commission on February 3, 1999 at is public hearing. SUMMARY: City staff is requesting a renewal of the existing moratorium in order to complete presentation of the preparea code amendments to the Planning Commission, to the Land Use Transportation Conunittee and to the full City Council for adoption. The state statute authorizing such renewals requires a six (6) month extension. Staff has scheduled the necessary hearings and reviews so flint the code amendments will be adopted in approximately 45 days. Accordingly, the attached Resolution has been drafted to terminate the moratorium upon either the adoption of the proposed code amendments or the expiration of the six (6) month moratorium, whichever occurs first. BACKGROUND: On February 17, 1998,'the City Cot~ncil enacted a moratorium on the acceptance of applications for and issuance of land use, building and development permits, and business licenses for adult entertainment and adult retail uses. On April 7, 1998, the City Council conducted a public hearing within sixty (60) days of the adoption of the moratorium, pursuant to RCW 35A.63.220 and 36.70A.390. After considering all public testimony at the public hearing, the studies and reports previously provided to the City Council and the presentation by the City Attorney, the City Council elected to continue the moratorium until August 16, 1998 in order to review studies from other jurisdictions concluding that adult entertainment; including adult bookstores and other adult retail establishments have negative and adverse secondary effects on the City, in order to consider increased criminal activity at other adult retail and bookstores and to investigate recent court decisions allowing the regulation of such adult uses. On August 11, 1998, the City Council considered all public testimony at the public hearing, the studies and reports previously provided, and elected to renew the moratorium until February 12, 1999 in order to allow staff the oppormaity to study the secondary effects, to develop a work plan and to submit any Federal Way City Code amendments to the Planning Commission and to the Land Use Transportation City Council Committee. Since the renewal of the moratorium, staff has concluded that secondary impacts associated with adult businesses do occur and drafted code amendments. However, the Planning Commission will not review and consider the draft amendments until February 3, 1999, and for the Land Use Transportation City Council Committee will not review and consider the draft amendments until February 15, 1999. The Ordinance containing the code amendments will come to the full City Council for first reading on February 16, 199 and second reading on March 2, 1999. The moratorium is scheduled to expire on February 12, 1999 unless the City Council acts to renew the moratorium for six (6) months or until the adoption of the code amendments, whichever occurs first. The public hearing scheduled for February 2, 1999 will allow the City Council to hear testimony relating to the renewal of the moratorium. At the close of the public hearing, Council will be asked to decide whether or not to renew the existing moratorium on adult establishments including adult bookstores for a six (6) month period, or until the adoption of code amendments, whichever occurs first, to allow City staff to present draft code amendments to the Planning Commission, the Land Use Transportation City Council Committee, and the full City Council. Options 1. Adopt Resolution No. containing fmdings of fact, a work plan and concluding that the moratorium imposed by Resolution No. 98-268 and continued by Resolution No. 98-270 is necessary and should be renewed for six (6) months and continue in effect until August 12, 1999, or until adoption of code amendments, whichever occurs first. 2. Do not adopt Resolution No. but fmd instead that thc record does not establish thc need to continue thc moratorium in effect and allow the moratorium to expire on February 12, 1999. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A. Hearing to be held by City Council CITY MANAGER RECOMMENDATION: After fully considering staff presentation, the documents and studies previously submitted to you and following all necessary deliberations, adopt Resolution No. .finding the moratorium is necessary and should be contill~u~d in effee~ until August 12, 1999, or until adoption of code amendments, whichever occurs first. I)~}/3 ~ ,~//~ fi. ff ............................................................................................................... ................................ APPROVED FOR INCLUSION IN COUNCIL ~, PACKET: (BELOW TO BE COMPLETED BY C17T CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k:\agndit em~2 audmor.mw DRAFT RESOLUTION NO. 99- A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAIL USES. WHEREAS, the Federal Way City Council has previously determined, based on public testimony and other evidence and through findings of fact detailed in Ordinance No. 95-24, that adult entertainment uses cause secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Federal Way; and WHEREAS, there are present within the City of Federal Way several adult retail establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code ("FWCC") 9-71.A; and WHEREAS, there is evidence that the City could, in the near future, receive applications for adult entertainment or adult retail uses that would significantly increase the Res. No. 99-__, Page 1 amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and WHEREAS, the FWCC does not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and WHEREAS, other cities in the surrounding Seattle-Tacoma metropolitan region, and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult retail uses, based upon evidence of the negative secondary effects of such uses; and WHEREAS, the City has prepared draft code amendments to the FWCC addressing the negative secondary effects of such uses; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, on February 17, 1998 the City adopted Resolution No. 98-268, imposing a moratorium upon the acceptance of all applications for and issuance of business licenses, building permits, land use permits, or other licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional review has been completed and any necessary code revisions have been adopted by the Federal Way City Council; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty (60) days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the Federal Way City Council and after considering all written comments and public testimony Res. No. 99- , Page 2 received at the hearing, as well as materials presented by staff at the hearing, the City Council adopted Findings of Fact and continued the moratorium until August 16, 1998; and WHEREAS, as a result of research and analysis performed during the moratorium, the City has concluded that adult entertainment, including adult retail uses and bookstores, has negative secondary effects and that code amendments are necessary to the FWCC to address such effects; and WHEREAS, on August 11, 1998 the City adopted Resolution No. 98-276, renewing the moratorium for six (6) months until staff had thoroughly analyzed all of the information, drafted proposed code amendments, and presented such code amendments to the Federal Way Planning Commission ("Planning Commission"), the Land Use Transportation City Council Committee (LUTC") and the full City Council; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 35.70A.390, a public hearing was held on February 2, 1999 to consider renewing the moratorium for a six (6) month period in order to allow completion of the Planning Commission and the LUTC review and recommendatic~ of code amendments to the full City Council for adoption; and WHEREAS, the City Council has considered written comments and public testimony received at the February 2, 1999 hearing, as well as all materials presented by staff; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city renewing a moratorium shall adopt findings of fact prior to such renewal; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Res. No. 99-__, Page 3 Section 1. Findings of Fact. The Federal Way City Council hereby adopts the following Findings of Fact: A. The City has determined previously, through public testimony and the receipt of other evidence, that adult entertainment uses cause adverse secondary effects that are detrimental to the public health, safety, morals, protection of minors and the general welfare of the citizens of Federal Way. B. Many of those adverse secondary effects are summarized in the findings of fact contained in Ordinance No. 95-241, Resolution No. 98-268, Resolution 98-270 and Resolution 98-276 which are incorporated herein by this reference. Those adverse secondary effects include significant criminal activity not limited to prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and harboring of persons with outstanding arrest warrants. C. Those adverse secondary effects also include public sexual conduct on the premises of adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct also causes substantial public health and safety concerns, not limited to the spread of sexually transmitted diseases. D. The City has reviewed studies from other cities concerning the adverse secondary effects arising from adult retail establishments ( a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or Res. No. 99- , Page 4 relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in FWCC 9-71.A. E. The City adopts by reference the studies from other cities that conclude that adverse secondary effects from such adult retail establishments include increased crime rates, depreciation of property values, deterioration of community character, and a decrease in the quality of life. F. The City adopts by reference the conclusions contained in such studies from other cities that conclude that such adult retail establishments tend to concentrate in certain areas, and that the proximity of those establishments to sensitive uses such as schools, residential zones, places of religious worship and parks result in similar or increased adverse secondary effects. G. Although reliance on these studies has resulted in the decision by the City to regulate the location of such adult retail establishments, the City has concluded that the characteristics of such establishments within the City impact the type and manner of regulation which the City chooses to employ. H. The City understands that staff has completed the draft code amendments, that the Planning Commission is scheduled to consider said draft code amendmenls on February 3, 1999, and the LUTC is scheduled to consider said draft code amendments on February 15, 1999. The City finds, therefore, that the staff cannot present such documents to the Planning Commission, the LUTC and the full City Council before the expiration of the moratorium on February 12, 1999. I. A renewal for six (6) months of the moratorium established by City Resolution No. 98- 268, Resolution No. 98-270 and Resolution 98-276 until August 12, 1999, or until adoption of said amendments, whichever occurs first, is necessary to take such additional procedural action. Res. No. 99- , Page 5 Section 2. Recitals and Findings of Fact Incorporated. The recitals set forth on pages 1-3 of this Resolution, and the Findings of Fact contained in Ordinance No. 95-241, Resolution No. 98-268, Resolution No. 98-270 and Resolution 98-276, are incorporated as if fully set forth herein and are hereby adopted as additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact adopted in Section 1 of this Resolution. Section 3. Renewal of Moratorium. Based on the Findings of Fact adopted in Sections 1 and 2 above, the City Council hereby determines that it is necessary for the moratorit~n enacted in Resolution No. 98-268 to be renewed for an additional six (6) month period, or until the adoption of said amendments, whichever occurs first. Accordingly, the moratorium shall not expire until midnight on August 12, 1999, or upon adoption of said amendments, whichever occurs first. $~ction 4. Work Plan. During the six (6) month renewal period, staff's work plan will consist of presenting the draft code amendments attached hereto as Exhibit "A' to the Planning Commission on or about February 3, 1999, for consideration and recommendation, and to the LUTC on or about February 15, 1999, for consideration and adoption and to the full City Council for adoption. Section 5. Severabilitv. 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 6, Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. No. 99- , Page 6 Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this __ day of February, 1999. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC Res. No. 99- , Page 7 APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 99- K:\RESO~2ADULTENT.RNW Res. No. 99-__., Page 8 Februm3r 3, 1999 7:00 p.m. City of Federal Way PLANNING COMMISSION Regular Meeting City Hall Council Chambers AGENDA 2. 3. 4. 5. 6. o 9. 10. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES AUDIENCE COMMENT ADMINISTRATIVE REPORT EXECUTIVE SESSION ~ Litigation/Pursuant to RCW 42.30.110(1)(i) COMMISSION BUSINESS ~ PUBLIC HEARING Adult Entertainment Amendments ADDITIONAL BUSINESS AUDIENCE COMMENT ADJOURN K :\COMMON AD~ADMIN I XPLANCON~ 1999~020399A.WPD December 2, 1998 City of Federal Way PLANNING COMMISSION City Hall SUMMARY Commissioners present: Robert Vaughan (Chair), Dean Greenough, Jim Sempek, Bill Drake, John Caulfield, Karen K.h'kpatrick, and Eric Faison. Commissioners absent: none. Alternative Commissioners present: Hope Elder and Adebola Adekoya. Alternative Commissioners absent: Ed Soule and Sophia McNeil. Staff present: Deputy Director of Community Development Services Kathy McClung, Code Compliance Officer Martin Nordby, Senior Planner Margaret Clark, and Administrative Assistant E. Tina Piety. Chair Vaughan called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of November 18, 1998, were approved. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Ms. McClung gave an update on code amendments. The shoreline amendments were adopted by the City Council at their December 1, 1998. At the same meeting, they chose to delay the Weyerhaeuser annexations and comprehensive plan to their next meeting. Also, the fee ordinance was adopted, so land use and building permit fees will increase (this is the first increase in five years). The Non-Residential Design Guidelines went to the November 23, 1998 Land Use/ Transportation Cormnittee (LUTC) meeting. They made a change to one sentence. It will go to the City Council in January. The LUTC will discuss the Planning Commission work program in January. The next Planning Commission meeting is not scheduled to occur until February. COMMISSION BUSINESS- Public Hearing: Parking on Residential Lots, Noise and Construction Hours, and Civil Citation Authority The Public Heating was opened at 7:10 p.m. Mr. Nordby gave the presentation. He stated that he had incorporated the changes requested by the Planning Commission at their November 18, 1998, workshop. Some discussion was held regarding the monetary penalty for civil citations. Regarding the time limitation for compliance set by the heating examiner (page 11, tt2, the paragraph just above #f), the commission feels it is to rigid and asked that it be changed to allow Planning Commission December 2, 1998 2 the hearing examiner to choose the number of days (it is set for 14 days). For Section 1-20 (page 12), the commission requested that a time limit be sent for when a refund from the city must be paid. There was no public testimony. It was m/sic (no nays) to accept the staff recommendation as amended. The Public Heating was closed at 7:35 p.m. Public Hearing: Procedures for Amendments to the Comprehensive Plan The Public Hearing was opened at 7:40 p.m. Ms. Clark gave the presentation. This amendment formalizes the process for the yearly comprehensive plan updates. Ms. Clark had three questions that she requested commission input. The first was, "Should the City specify a deadline every year for submitting requests for comprehensive plan amendments?" The advantage to a deadline is that the public would know when requests for amendments are due. The disadvantage is that the city may not be ready to consider amendments at the deadline time. The commission discussed the issue and concluded that a specific date should be set. They selected September 30. The second question was, "Should all proposed amendments be taken to both the LUTC [Land Use/Transportation Committee] and the City Council for prioritizing and inclusion in the upcoming yearly cycle or just to the LUTC? After much debate is was m/s/c (one opposed) to send the proposed amendments to just the LUTC. The staff report includes a set of criteria the LUTC shall use in selecting the amendments to be considered. The commission requested that a criteria be added that deals with projects that have, or would have, high public interest. The staff will research this issue. The third question was, "Should a fee be charged for requests for pre-annexation comprehensive plan designation and zoning of property and if so, should the fee be the same as for site-specific requests?" The commission is concerned a fee could be a barrier to people seeking to annex, and therefore, do not want a fee charged. There was no public testimony. It was m/s/c (no nays) to approve the staff recommendation as amended. The Public Heating was closed at 8:37 p.m. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN It was m/s/c to adjourn the meeting at 8:40 p.m. K:[COMMON AD~ADM [N I ~PLANCO/~1998\120298S WPD CITY OF FEDERAL WAY STAFF REPORT TO THE PLANNING COMMISSION DATE: APPLICANT: PROPOSED ACTION: STAFF REPORT PREPARED BY: STAFF January 27, 1999 City of Federal Way Amend Chapter 22 of the Federal Way City Code (FWCC) regulating adult entertainment, activity, retail, or use. Greg Moore, AICP, Director of Community Development Services RECOMMENDATION: Planning Commission forward a recommendation to the City_Council to amend Chapter 22 of the FWCC as presented in the body of this report and specifically as presented in Exhibit J, Draft Ordinance for Adult Facilities. INTRODUCTION/BACKGROUND A. Existing Conditions Current City Regulations - Adult uses are currently regulated in Chapter 22 of the FWCC under Section 22-1 Definitions; Section 22-794, Adult entertainment, etc.; and Section 22- 806, Adult entertainment, etc. (Exhibit A, Existing Adult Use Regulations). Section 22-1 defines adult uses, Sections 22-794 and 22-806 identify which zones the uses are allowed in and what special regulations and notes would apply. In summary, adult uses are allowed in the City Center Core and City Center Frame zoning districts subject to 1,000 foot distance separation requirements from other adult uses, other zones which allow residential outright, public parks, libraries, day cares, schools, and places of religious worship. There has been one administrative interpretation of these regulations. This interpretation was made October 6, 1997 (Exhibit B, Zoning Interpretation: Adult Video Sales and Rental). In summary, this interpretation determined that adult video sales and rental stores are analogous with adult bookstore and are allowed in the City Center Core and City Center Frame zoning districts. Existing Adult Uses - There are currently six adult uses existing in the city, (Exhibit C, Existing Adult Facilities). Four of the uses are located in the Community Business (BC) zoning district and are legal nonconformances because they are not allowed in the BC zoning district. Two are located in the City Center Core zoning district. One is considered a legal nonconformance because it does not meet the distance separation requirement. The other meets the distance separation criteria. Moratorium - On February 17, 1998, the City Council enacted a moratorium (Exhibit D, Resolution No. 98-268) on the acceptance of applications for and issuance of land use, building, and development permits, and business licenses for adult uses. This moratorium was for 180 days, until August 16, 1998, and subject to a public hearing within 60 days, after which the City Council authorized the continuation of the moratorium. On April 7, 1998, the City Council held a public hearing and extended the moratorium (Exhibit E, Resolution No. 98-270) to August 16, 1998. The purpose of the moratorium was to study the issue of secondary effects from adult retail establishments and bookstores. On August 11, 1998, after a public heating, the City Council extended the moratorium (Exhibit F, Resolution No. 98-276), for another 180 days until February 12, 1999, in order to review additional studies and draft regulations for adult uses. Need to Review Regulations Existing zoning regulations were adopted in 1990 with incorporation of the city. Zoning for adult uses has been partially reviewed in the past nine years. In 1995, the city reviewed the impacts of secondary effects of adult entertainment facilities and made revisions to FWCC, Chapter 9, Article III, regarding procedures for licensing and standards of conduct (Exhibit G, Ordinance No. 95-241). It has been documented, and is further elaborated on in this report, that adult entertainment, activity, retail, and uses cause secondary effects that are detrimental to the public. The current regulations are being modified in order to continue to address the various impacts to public health, safety, morals, and general welfare. There are various ways to regulate adult uses, and local jurisdictions have different mechanisms. Therefore, per City Council direction, staff has researched secondary impacts, reviewed how other jurisdictions have addressed the issue, and reviewed existing city zoning codes for adequacy. C. Methods of Regulation Adult facilities can be' regulated by concentration, (allowing them in one zone with no separation requirement), or by dispersion (separating adult facilities by distance from each other and from other land uses for which the adult facilities would have undesirable impacts). A combination of concentration and dispersion is a typical regulation method. This would allow adult facilities in one or two zones, but separate them by distance from other sensitive uses. Most local jurisdictions, including Federal Way, use this method (Exhibit H, Draft Survey of Adult Entertainment Sites in King County). This draft survey was prepared by King County. Start Report Page -2- Adult Entertainment Amendments SECONDARY IMPACTS OF ADULT FACILITIES There have been numerous studies that document adverse secondary impacts from adult uses, including adult entertainment and adult retail*establishments. Such establishments are detrimental to the public health, safety, morals, protection of minors, and the general welfare of the public. The adverse secondary effects include significant criminal activity not limited to: prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of peace, tax evasion, and harboring of persons with outstanding arrest warrants. Adverse secondary effects also include public sexual conduct on the premises of adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct also causes substantial public health and safety concerns, not limited to the spread of sexually transmitted diseases. Studies have also concluded that adverse secondary effects from adult retail establishments include increased crime rates, depreciation of property values, deterioration of community character, discarded pornographic literature which could become available to minors, adverse impacts to the redevelopment of a city center, and a decrease in the quality of life. Studies which document adverse secondary impacts are noted on Exhibit I, Studies of Secondary Impacts of Adult Entertainment (the list is provided in the staff report, with actual studies provided to Planning Commission members; copies are also available in the Department of Community Development Services). REASONABLE REGULATION OF ADULT FACILITIES "Adult facilities" includes a wide variety of businesses that provide adult services, including bookstores, retail, peep shows, panoramas, movie theaters, video rental stores, and live entertainment or dance establishments. Adult facilities, including books and videos as well as dancing, has been defined as "speech" that is protected under the First Amendment of the United States Constitution. It is also protected by Article 1, Section 5 of the Washington Constitution, which states that, "...every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right," and which provides greater protection for speech than does the First Amendment of the US. Constitution. For at least the last ten years, established law has permitted a city to combat the secondary effects of adult facilities, including retail, if the city's purpose is unrelated to the speech itself, the regulations are narrowly tailored to meet the purpose, and reasonable alternative avenues of communication are left available. Staff Report Page -3- Adult Entertainment Amendments COMPREHENSIVE PLAN The City of Federal }t/ay Comprehensive Plan (FWCP) Chapter 7, City Center, identifies and describes a City Center Plan. That plan describes several multiple purposes and goals. Among those is the following purpose statement. "Create an identifiable downtown that is the social and economic focus of the City;" The City Center is designated an Urban Center under the Countywide Planning Policies (CWPP). The City Center Comprehensive Plan notes that the CWPP supports the City Center by: "Establishment of an urban center that is a vibrant, unique and attractive place to work;" More specifically a City Center Plan Policy states: "CCG5 Encourage a mix of compatible uses to maintain a lively, attractive, an_d safe place to live, work, and visit." In order to implement and maintain the vision for the City Center, appropriate regulations and codes must be in place. Because adult facilities have adverse secondary impacts which can be detrimental to the vision, purpose, and polices of the City Center, appropriate controls should be in place. Placement of adult facilities next to residential areas, churches, schools, libraries, etc., would not be compatible with such uses. The increased crime and discarded pornographic literature, etc., would be exposed to children at places where they congregate. Failure to put minimum controls on adult uses would cause property values to decrease, discourage development, and defeat the intent of providing a economic focus for the downtown. The proposed minor adjustments to regulations assures that the FWCP for the City Center is being met and that compatibility of adult facilities with other uses is maintained. PROPOSED CHANGES TO EXISTING CODE REGULATIONS Only minor changes are proposed to the existing regulations. Changes are proposed to the Definitions and Special Regulations and Notes sections, and a new section for a sun setting provision for nonconforming adult facilities is also proposed (Exhibit J, Draft Ordinance for Adult Facilities). The following highlights the nature of the changes as shown on the exhibit. A. Definitions (FWCC Section 22-1) The definition section is revised to more clearly note that adult retail is a regulated use. There are also minor edits to other aspects of the existing definitions such as adding panorama and peep shows, clarifying adult entertainment, and clarifying that fondling or other erotic touching is also part of specified sexual activities. Staff Report Page -4- Adult Entertainment Amendments B. Special Regulations and Notes (FWCC Sections 22-794 and 22-806) The setback provision between adult entertainment uses is changed to 500 feet from 1,000 feet. This change was made because it has been determined that 500 feet would still keep a separation significant enough to avoid concentration. There is opportunity to keep them apart, yet allow persons the ability to travel around or away from them while in the zones which allow the adult uses. There is also revised language to how the distance between separated uses shall be made. The revisions use a clearer measurement from property line to property line rather than from a point of public access. C. Sun Setting Provision (New Section 338.2) This provision adds a new section to the nonconforming provisions of the FWCC relating directly to the amortization of existing adult facilities that do not meet the provisions of this chapter. A one year time period gives them a reasonable period to relocate. ZONING AND TEXT AMENDMENT CRITERIA FWCC Section 22-523 sets out criteria for amendments. Below is listing of the criteria and a staff response. The city may amend the text of this chapter only it finds that: I) The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response - Please see the analysis in the staff report under the section of COMPREHENSIVE PLAN, above. The proposed regulations are consistent with purpose statements of the comprehensive plan which call for a vibrant, unique, and attractive place to work, in addition to being the social and'economic focus of the city. Failure to have appropriate regulations as proposed by the city would work against the vision and direction for the City Center because adverse secondary impacts would go unchecked. The proposed regulations are also consistent with Policy CCG5 which calls for compatible land uses in City Center. Failure to have appropriate regulations as proposed by the city would contribute to incompatible land uses. 2) The proposed amendment bears a substantial relation to public health, safety, or welfare. Staff Response - Please see the analysis is the staff report under the section of SECONDARY IMPACTS OF ADULT FACILITIES, above. Numerous studies have documented that adult' Staff Report Page -5- Adult Entertainment Amendments facilities, including retail, are detrimental to the public health, safety, morals, protection of minors, and general welfare of the public. These adverse impacts include criminal activity, depreciation of property values, deterioration of community character, etc. 3) The propo.sed amendment is in the best interest of the residents of the City. Staff Response - The proposed modifications to regulations promote a vibrant and attractive downtown. The regulations assure compatibility between land uses and protect citizens, including children, from unnecessary exposure to adult uses. CONCLUSIONS 1) Adult facilities have secondary impacts that are detrimental to the public health, safety, morals, protection of minors, and general welfare of the public. 2) The city desires to control secondary impacts while still allowing reasonable protection of speech as provided for under the United States and Washington State Constitutions. 3) The City Center is the intended focal point for social activity, work, business, and residents. 4) Existing adult facility regulations need minor revisions to minimize secondary impacts, implement the City Center Plan, and protect rights of free speech. The proposed revisions are necessary. 5) Zoning and text amendment criteria under FWCC Section 22-523 are met. EXHIBITS A) Existing Adult Use Regulations B) Zoning Interpretation: Adult Video Sales and Rental C) Existing Adult Facilities D) Resolution No. 98-268 E) Resolution No. 98-270 F) Resolution No. 98 276 G) Ordinance No. 95-241 H) Draft Survey of Adult Entertainment Sites In King County I) Studies of Secondary Impacts of Adult Entertainment J) Draft Ordinance for Adult Facilities I :'~OC UM~NTL,~,D ULTL~DULTRPT. WP D Staff Report Page -6- Adult Entertainment Amendments ZONING § 224 ARTICLE I. IN GENERAL Sec. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the me~nlngs ascribed to them in this section, except where the context clearly.ind/cates a different Abandoned shall mean knowing relinquish- ment, by the owner, of right or cl-lm to the subject property or structure on that property, without any intention of transferring rights to the prop- erty or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Accessory shall mean a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) shall mean ei- ther a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including per- manent provisions for living, sleeping, cooking and sanitation. Al)U, attached shall mean an accessory dwell- ing unit that has one or more vertical and]or horizontal walls, in common with or attached to, the primary dwelling unit. Al)U, detached shall mean a freestanding ac- cessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit shall mean an attached ADU which satisfies the criteria set forth in Section 22-633 of this Code. Accessory living facility shall mean an area or structure on the subject property, which is acces- sory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the Supp. No. 18 subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining shall mean property that touches or is directly across a street from the subject prop- erty. For the purpose of height regulations, any portion of a struchxre which i~ more than' 100 feet from a low density zone is not ceusidered to be adjoining that zone. Adult entertainment activity or use sh-ll mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material di~_tinguished or char- acterized by an emphasis on matter de- picting, describing or relating to specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons therein and which excludes minors by virtue of age. a. Specified anatomical areas sh~li mean both of the following. 1. When less than completely and opaquely covered: i. Human genitals or pubic region. ii. Human buttock. iii. Human female breast be- low a point immediately above the top of the are- ola. 2. Human male genitals in a dis- cernibly turgid state, even if completely and opaquely coy- ered. b. Specified sexual activities shall mean all of the following: 1. Human genitals in a state of sexual stimulation or arousal. 2. Acts of human masturbation, sexual intercourse or sodomy. 3. Fondl/ng or other erotic touch- ing of human genitals, pubic region, buttock or breast. 1332.1 EXHIBIT A _ PAGE § 22-1 FEDERAL WAY CITY CODE (2) (3) Adult bookstore shall mean an establish- ment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on mat- ter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and which excludes mi- nors by virtue of age. Adult cabaret shall mean a cabaret, night- club or other establishment which fea- tures go-go dancers, exotic dancers, strip- pers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "spec- ified anatomical areas" and/or whose per- formances or other activities include or mimic "specified sexual activities" and which establishment excludes minors by virtue of age. Activities and uses defined as adult enter- tainment activity or use are only permit- ted in the zone where that term is specif- ically listed as an allowable use and only in conformance to the requirements as stated for that use. Agricultural use shall mean any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights shall mean the right to, in some mnnner, control the use of the space above the surface of the ground. (2) Directional (or "panel") anterma(e) trans- mits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic antenna(e) (or dish) antenna(e) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimen- sion and that is not directly used to pro- vide personal wireless communications ser- vices. An example would be a global positioning satellite (GPS) antenna. Applicant shall mean both of the following, depending on the content: (1) A person who applies for a~y permit or approval to do anything governed by this ~ chapter, which person must be the owner of the subject property, the authorized agent of the owner, or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Average building elevation shall mean a refer- ence datum on the surface topography of a subject property from which building height is measured. The reference datum shall be a point no higher than five feet above the lowest elevation taken at any exterior wall of the structure either prior to any development activity or at finished grade, whichever is lower, provided the reference datum is equal to or lower than the highest elevation at any exterior wall of the structure prior to devel- opment activity. Alluvium .shall mean soil deposits transported by surface waters. Antenna(e) shall mean any system of electro- magnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or re- ceive electromagnetic waves between terrestrian and/or orbital based points, includes, but is not limited to: (1) Omni-directional (or "whip") antenna(e) transmits and rece{ves radio frequency signals in a 360-degree radial pattern. Supp. No. 18 1332.2 EXHIBIT PAGE ZONING § 22-794 Supp. No. 18, Rev. 1495 EXHIBIT A PAGE 3'-OF 4' § 22-806 FEDERAL WAY CITY CODE Supp. No. 18, Rev. 1510 EXHIBI] A PAGE ,4' 0~._,~:__. CRY OF ~ ~ 33530 1ST WAY SOUTH October 6, 1997 Kevin Cornwell 3730 SW 338th Place Federal Way, WA 98023 (206) 661-4000 FEDERAL WAY, WA 98003-6210 Zop~ng .T. ntez'13~etatAon: Adult Video Sa.7.e~ and Rental (City File No. UP197-0018) Dear Mr. Cornwell: Ouestions oresented This responds to your letter, dated 9/24/97, requesting a zoning interpretation for adult video stores. Currently you are interested in establishing this use in the Business Park (BP) zoning ~istrict. It is evident from your letter that a significant, if not entire, portion of your business will be adult oriented. You have reviewed Federal Way City Code (FWCC) Chapter 22, Zoning, and determined, in your opinion~ that: (1) the definition of adult entertainment activity or use does not expressly include adult video stores, and (2) the FWCC does not define Video rental; therefore, (3) adult video stores should be classified as video rental. You correctly note that video rental is current%y permitted in various zoning districts but not in the Business Park (BP) district. You also note that the BP district does not expressly exclude adult video and you ask the City to consider including these uses therein. In summary, your request presents two questions, addressed below: 1. Can ad~!t video stores be classified as F/deo rental stores? so Ipterpretation Adult video sales and rental stores are determined ko be analogous with adult bookstores, as contained in the FWCC definition of adult entertainment activity or use (enclosed). These uses are permitted in the City Center Core (CC-C) and City Center Frame (CC-F) zoning districts (FWCC Sec. 22-794 and 22-806, enclosed). Discussion As a general rule, in order for a particular land use to be allowed' in a zoning district, the use must be expressly listed on the district land use charts in which the property is located. In other. words, a use is not permitted where it is not listed. In the subject case, adult video is not expressly listed on any district charts. In such cases, the Director of Community Development' Services may issue a zoning interpretation pursuant to FWCC Sec. 22-4 (enclosed) based on the criteria contained in that section. This letter constitutes such written interpretation. EXHIBt PAGE_/_OF Kevin Cornwell October 6, 1997 Page 2 of 3 c. Analysis The request asserts that the proposed adult video should be classified as video rental, since adult video is not expressly' included in the FWCC definition of adult entertainment. However, an analysis of this definition (enclosed), and more particularly it's subcategory adult bookstore, determines that it is, in fact, sufficient to include adult video by analogy. Inclusion of adult videotapes in the classification adult bookstore is reasohable and logical because (1) videotapes are a means of mass communication, along with "...books, magazines, and newspapers.# and (2) such videotapes are clearly "...distinguished or characterized by an emphasis on matter depicting, describing or relating to ~specified sexual activities" or ~specified anatomical areas", and "which excludes minors by virtue of age." The zoning definition of adult entertainment, more specifically adul~ bookstore, clearly distinguishes materials containing sexually explicit con~ent .and accessible by adults only, from material not containing this content and available to the general public. While general video and adult video would certainly share some operational traits, their stock in trade is clearly distinguishable and definable under current code. Therefore, a claim that an. adult video is more analogous to general video ignores the contrasts in the nature of the two businesses, as extrapolated from the definition of adult entertainment. Additional findings in support of this interpretation can be made by contrasting zoning regulations for video rental with adult entertainment. Specifically, video rental is permitted in all commercial zoning districts, with no separation requirements from residential neighborhoods or public institutions, and no special review requirements. However, adult entertainment is permitted in the City Center only, and it is subject to public notice requirements, with specific separation from residential zoning districts, churches and schools, etc. Given these contrasting regulations, along with the foregoing definitional analysis, it is clear that the zoning regulations intended to distingufsh adult video from general video, and to direct the former to areas and away from residential neighborhoods and other potentially impacted uses. Can the Business Park (BP) zoning district be amended to include adult video stores? Under current Federal Way City Code (FWCC), adult entertainment is not permitted in the Business Park (BP) zoning district, but is permitted in the City Center (CC-C,CC-F). Since this use is currently not permitted in the BP zone, you are correct that a FWCC amendment would be required to include it in the BP zone. FWCC amendments must be approved by the City Council following a public hearing by the Planning Commission. Also, it is li~ely that an amendment to the Federal Way Comprehensive Plan (FWCP) would be EXHIB B PAGE_g__OF_ Kevin Cornwell October 6, 1997 Page 3 of 3 required, since adult video is not consistent with BP land uses as contemplated in the current FWCP, and state law requires consistency between zoning and comprehensive plan documents. I trust that the foregoing information will assist you in your business decisions, and we apologize for any previous confusion regarding zoning classification of this use. Please be advised that the City cannot approve a business license for a land use that is not permitted in a particular zoning district. As previously stated, an adult video store, classified as adult entertainment activity or use, may be located in City Center-Core and City Center-Frame (FWCC Division 8, enclosed) subject to all applicable regulations and notes, including separation requirements (refer to FWCC Sections 22-794 and 22-806, enclosed). If you have any questions concerning this.interpretation pleas? contact Lori Michaelson, Senior Planner at 661-4045. Sincerely, ~Moore, /LICP Directo~of Community Development Services encl: FWCCArticle I, definition of adult entertainment activity or use ~C Sec. 22-4, 22-794, 22-806 C: Lori Michaelson, Senior Planner Margaret Clark, Senior Planner v~reg Fewins, Principal Planner Bonnie Lindstrom, Assistant City Attorney Interpretation Notebook EXHIBIT PAGE_ _3 OF EXHIBIT PAGE/_/_.OF I RF~OLUTION NO. 98- 268 A RESOLUTION OF ~ CITY COUNCIL OF THF~ GtTY OF FEDERAL WAY, WASHIHGTON, IMPOSING A MORATORIUM ON THE ACCEPT~ OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUIII)ING AND DEVRIOPMENT PERMITS, AND BUSINF. SS LICENSF.,S, FOR ADULT ENTERTAINM~NT AND ADULT RETAIL USES. Wt-IF-RF_.AS, the Federal Way City Council has previously determined, based on public testimony and other evidence and through findings of fact detailed in Ordinance No. 95- 241, that adult entertainment uses muse secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Federal Way; and WI-~.REAS, there are present within the City of Federal Way several adult retail establishments (a subset of adult entertainment uses), whose s~ock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, di.qlcs, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter, depicting, describing or relating to specified anatomical-~eas, specified sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code ("FWCC") 9-71.A; and WHEREAS, there is evidence that the City could, in the near future, receive applications for adult entertainment or adult reta__il uses that would significantly increase the Res. No. 98-268, Page 1 EXHiB ' ' PAGE OF amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and . ~, the FWCC may not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and' WHEREAS, other cities in tl~ surrounding Seattle-Tacoma metropolitan region, and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult retail uses, based upon evidence of the negative secondary effects of such uses; WHEREAS, the citizens of Federal Way would be well served if City Council members and city staff more fully addressed and understood the potential negaffve secondary effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon neighboring properties and on the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondary effects of adult entertainm~nt and adult retail uses, and to review the City's Code and ordinances in a comprehensive fashion to determine whether they sufficiently address the secondary effects of such uses; and " WltEREAS, RCW 35A.63.220 and RCW 36.70.390 .authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, the City should impose a moratorium barring the acceptance of all applications for and issuance of business licenses, building permits, land use permits, or other licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional review has been completed and any nece.&qat3r code revisions have been adopted by the Federal Way City Council; and Res. No. 98-268., Page 2 iEXHiB 7:-, Z) PAGE-?; OF_b__ WI~.REAS, the Federal Way City Council understands that a portion or all of the materials sold by adult entertainment or adult retail tmea nmy be protected by the FL'at Amendment of the U.S. Constitution and/or Article 1, Section 5 of the Washington State Constitution; and WHF_.REAS, the Federal Way City Council does not intend, by tiffs resolution, to impermissibly infringe upon any party's free speech rights, and urges any court reviewing this resolution to interpret it in such a manner and determine that it is constitutional; and WHEREAS, the purpose of this resolution is to provide, during the moratorium period, time in which the City Council may study its existing Code, ordinances and the negative secondary effects of such uses; determine whether any additional, reasonable regulation is necessary to mitigate the secondary effects; and prepare for adoption suitable time, place and manner restrictions narrowly tailored to regulate such trees by the least restrictive means available; and NOW, THEREFORE, THE CITY COUNCIL OF TI-IE CITY OF FEDERAL WAY I-IERI~.I~y RESOLVES AS FOLLOWS: Section 1. Moratorium. The Federal Way City Council hereby declares a moratorium upon the acceptance of applications' for and the issuance of any business license, building, land use or development permit or approval ('including variances and rezones), or any other permit, license or approval required to construct, install, relocate, or operate any adult entertainment or adult retail use as defined in the FWCC or described in the recitals of this resolution. Further, during the pendency of this moratorium, no information or submissions on any pending applications for adult entertainment or adult retail uses shall be accepted by City staff. Res. No. 98-268, Page 3 EXHIB ? .... PAG F__D_-- Section 2. Duration. This moratorium shall be in effect for 180 days following the effective date of this resolution, and shall expire at midnight on August 16, 1998 unless extended by the City Council. Section 3, Public Heating. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption, or no later than April 18, 1998. Immediately after the public heating, the City Council shall adopt findings of fact on the subject of this moratorium, and either justify its continued imposition or cancel the moratorium. Section 4. Staff Direction. During the moratorium, the City staff is directed to survey existing studies and evidence and: identify any negative secondary effects that are associated with adult retail portions-of adult entertainment uses; determine whether any mechanisms exist by which these effects may be mitigated; identify the least restrictive of these mechanisms; and identify alternative, available areas within the City within which the City may provide a reasonable means to accommodate access to constitutionally-protected material, if any; make recommendations to the City Council, or a subcommittee thereof, if appropriate, concerning any necessary and appropriate legislation and/or code amendments. Section 5. Temporary Il'se Permits. Notwithstanding the moratorium in Section I above, any adult entertainment or adult retail use which satisfies all criteria applicable to its underlying zone may be permitted under a temporary use permit if it meets the following criteria: A. It is not located or proposed to be located within one thousand feet (1,000') of: 1. any zone in which residential use is permitted outright; 2. any public or private school or day care facility. Res. No. 98-2613, Page 4 PAG 3. any church, synagogue, or other place of religious worship; 4. any public park; 5. any library; and 6. any other adult eateatainmeat or adult retail use or activity. For purposes of this subsection, 1,000 feet shall be measured along a straight line from any point of public access to the adult entertainment or adult retail use to the nearest comer of the property on which the school, church, park, library, residential, or other adult entertainment or adult retail use is located. B. It meets other applicable criteria under the FWCC, including those under Chapter 22, for issuance of a temporary use permit. Section 6. Recitals and Findings of Fact Ineo .rpomted. The recitals set forth on pages I-3 of this Resolution, and the findings of fact contained in Ordinance No. 95-241, are incorporated as if fully set forth here~ and shall serve as Findings of Fact. The City Council may amend such findings in whole or in part and adopt additional findings following the public hearing described in Section 3 above. Section 7. Severabili .ty. If any serlion, 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 8. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. No. 98-268; Page 5 PAG F_5_ 0 Section 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. WASHINGTON; this }r~day of February, 1998. CITY OF FEDERAL WAY ATYE~T: APPROVED AS TO FORM: FILED WITH/llB CITY CLERK: PASSED BY TIlE CiTY COUNCIL: RF_SOLUTION NO. 98-268 If:~SO%TADUL'~.~OR Febrdary 17, 1998 February 17,1998 Res. No. 98-.268, Page 6 EXHIB~h- :D PAGE_ ~,_OF_ ~,, RESOLUTION NO. 98~-?0 A RESOL~ON OF THE CITY COUNCIL OF THE C1TY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS OF FACT AND CONTINUING A MORATORIUM ON THF. ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVEIOPMENT PERMITS, AND BUSINF_,SS LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAH. USES. WI~REAS, the Federal Way City Council has previously'determined, based on public testimony and other evidence and through findings of fact detailed in Ordinance No. 95- 241, that adult entertainment uses cause secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Federal Way; and ~, there are present within the City of Federal Way several adult retail establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphexnalia, toys and novelties, games, clothing or other merchandise which are distinguiShed or ~'haracteriz~ by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code CFWCC") 9-71.A; and WHEREAS, there is evidence that the City could, in the near future, receive applications for adult entertaJnment or adult retail uses that would significantly increase the EXHIBIT PAGE_L_OF b amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and · WHEREAS, the FWCC may not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and WI-~REAS, other cities in the surrounding Seattle-Tacoma metropolitan region, and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult retail uses, based upon evidence of the negative secondary effects of such uses; WHEREAS, the citizens of Federal Way would be well served if City Council members and city staff more fully addressed and understood the potential negatt~ve secondary effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon neighboring properties and on the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondary effects of adult entertainment and adult retail uses, and to review the City's Code and ordinances in a comprehensive fashion to determine whether they sufficiently address the secondary effects of such uses; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, on February 17, 1998 the City adopted Resolution No. 98-268, imposing a moratorium upon the acceptance of all applications for and issuance of business licenses, building permits, land use permits, or other licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional review has been completed and any necessary code revisions havu been adopted by the Federal Way City Council; and I::Xl-IIBIT I AI3E 2._ _OF Rg-~OLUTION NO. 98-270 A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF Fl~ERAL WAY, WASHINGTON, ADOPT~G FINDINGS OF FACT AND CONTINUING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUII.IHNG AND DEVF. IO~ PERMI'IS, AND BUSINESS LICENSES, FOR ADULT EN'TERT~ AND ADULT RETAIL USES. WItF~REAS, the Federal Way City Council has previously'determined, based on public testimony and other evidence and through findings of fact detailed in Ordinance No. 95- 241, that adult entertainment uses cause s~oadary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Federal Way; and W'ItF~, there are present within the City of Federal Way several adult retail establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other mercJmndise which are distingUished or i:hamcterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code (uFWCC') 9-71.A; and WHEREAS, there is evidence that the City could, in the near furore, receive applications for adult entertainment or adult retail uses that would significantly increase the £XHIBI 9a-m AGI:: OF & amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and - WHRREAS, the FWCC may not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and WHEREAS, other cities in the surrounding Seattle-Tacoma metropolitan region, and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult retail uses, based upon evidence of the negative secondary effects of such uses; WHEREAS, the citizens of Federal Way would be well served if City Council members and city staff more fully addressed and understood the potential negative secondary effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon neighboring properties and on the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondary effects of adult entertainment and adult retail uses, and to review the City's Code and ordinances in a comprehensive fashion to determine whether they sufficiently address the secondary effects of such uses; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoria provided a public heating is held within sixty (60) days of adoption; and wI-rEREAS, on February 17, 1998 the City adopted Resolution No. 98-268, imposing a moratorium upon the accepmce of all applications for and issuance of business licenses, building permits, land use permits, or other licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional review has been completed and any necessary code revisions have been ad,pted by the Federal Way City Council; and Res. No. 98-z7_L0, Page2 EXHIBIT s PAGE ;z Of al ~ ~, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty (60) days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the Federal Way City Council; and WHEREAS, the City Council has considered written comments and public testimony received at the hearing, as well as materials presented by staff at the hearing; NOW, TNFRF~ORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: $1~cfion 1. Findin_~s of Fact. The Federal Way City Council hereby adopts the following Findings of Fact: A. The City has determined previously, through public testimony and the receipt of other evidence, that adult entertainment uses cause adverse secondary effects 'that are detrimental to the public health, safety, morals, protection of minors and the general welfare of the citizens of Federal Way. B. Many of those adverse second~ffy effects are summarized in the ..findings of fact contained in Ordinance No. 95o241, and Resolution No. 98-268 which are incorporated herein by this reference. Those adverse secondary effects include significant criminal activity not limited to prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and hafooring of persons with outstanding arrest warrants. C. Those adverse seconda~ effects also include public sexual conduct on the premises of adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct Res. No. 98-270, Page3 EXHIBIT. E. also causes substantial public health and ,,~t'ely concerns, not limited to the spread of sexually transmitted diseases. D. The City has reviewed studies from other cities concerning the adverse secondary effects arising from adult retail establishments ( a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or chamcte~ by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in the Federal Way City Code CFWCC') 9-71.A. E. The City is concerned that the studies from other cities conclude that adverse secondary effects from such adult retail establishments include increased crime rates, depreciation of property values, deterioration of community character, and a decrease in the quality of life. F. The City is also concerned that the studies from other cities conclude that such adult retail establishments tend to concentrate in certain areas, and that the proximity of those estab~ents to sensitive uses such as school, residential zones, places of religi, o. us worship and parks result in similar or increased adverse secondary effects. G. Although reliance on these studies may result in decisions by the City to regulate the location of such adult retail establishments, the City believes that the characteristics of such establishments within the City may have an impact on the type and manner of regulation which the City chooses to employ. The. City finds that its own study of such adult retail establishments may be necessary to properly determine what regulations are appropriate. The City finds that Res. No. 98-_2Z0 Page 4 EXHIB~5' PAGE 4- OF additional review of such other studies on the secondary effects of adult retail establishments is necessary to determine what regulations are appropriate. H. A continuation of the moratorium established by City Resolution bio. 98-268 until August 16, 1998 is necessary to take such additional action. Section 2. Recitals and Findings of Fact Inco .rpomted. The recitals set forth on pages 1-3 of this Resolution, and the findings of fact contained in Ordinance No. 95-241 and Resolution No. 98-268, are incorporated as if fully set forth herein and are hereby adopted as additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact adopted in Section 1 of this Resolution. Section 3. Continuation_of Moratorium. Baaed on the Findings of Fact adopted in Sections 1 and 2 above, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution bio. 98-268 to remain in effect for the entire 180-day period set forth in Resolution bio. 98-268. Accordingly, the moratorium shall not expire until midnight on August 16, 1998, unless the moratorium is shortened or extended by action of the City Council. Section 4. Sevemb'flity. If any.~ection, sentence, clause or phrase p.f 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. Radficadon. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. No. 98-_Z2_0, Page 5 EXHIBi' . PAGE_ _ OF Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. MA~YOR, RON GIfITZ ATrEST: CITY cmmO~cmusTa,m O~,mN, CMC ~ APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDRT L FILF. D WTrH THE CITY CLERK: PASSF. D BY THE CITY COUNCIL: RF_SOLUTION NO. 98- K: ~,F_.SO~TAD ULTENT .FOF 03-31-98 04-07-98 98-270 Res. No. 98-270, Page 6 EXHIB~I E PAGE. 6, O'F 4,, RESOLUTION NO. 98-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUS~ LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAIL USES. WHEREAS, the Federal Way City Council has previously determined, based on public testimony and other evidence and through findings of fact detailed in Ordinance No. 95- 241, that adult entertainment uses cause secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Federal Way; and WHEREAS, there are present within the City of Federal Way several adult retail establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, imtruments, devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code ("FWCC") 9-71.A; and WHEREAS, there is evidence that the City could, in the near future, receive applications for adult entertainment or adult retail uses that would significantly increase the EXHIBIT Res. No. 98- 27.___6 Page 1 PAGE amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and WHEREAS, the FWCC does not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and WHEREAS, other cities in the surrounding Seattle-Tacoma metropolitan region, and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult retail uses, based upon evidence of the negative secondary effects of such uses; and WHEREAS, the citizens of Federal Way would be well served if City Council members and city staff performed additional analysis on the negative secondary ~ffects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon neighboring properties and on the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondly effects of adult entertainment and adult retail uses, and to prepare draft code amendments to the FWCC addressing the negative secondary effects of such uses; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, on February 1:'/, 1998 the City adopted Resolution No. 98-268, imposing a moratorium upon the acceptance of all applications for and issuance of business licenses, building permits, land use permits, or other licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional review has been completed and any necessary code revisions have been adopted by the Federal Way City Council; and Res. No. 98-276, Page 2 PAGE_Z _OE WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty (60) days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the Federal Way City Council and after considering all written comments and public testimony received at the hearing, as well as materials presented by staff at the hearing, the City Council adopted Findings of Fact and continued the moratorium until August 16, 1998; and WHEREAS, as a result of research and analysis performed during the moratorium, the City has concluded that adult entertainment, including adult retail uses and b6okstores, has negative secondary effects and that code amendments are necessary to the FWCC to address such effects; and WHEREAS, in order to allow staff sufficient time to thoroughly analyze all of the information staff has gathered during the six (6) month moratorium, to draft proposed code amendments and to present such code amendments to the Federal Way .Planning Commission, the Land Use Transportation City Council Committee and the full City Council, staff is requesting a six (6) month renewal to the adult moratorium; and WHEREAS, pursuant to RCW ~5A.63.220 and RCW 35.70A.390;-a public hearing was held on August 11, 1998 to consider renewing the moratorium for a six (6) month period; and WHEREAS, the City Council has considered written comments and public testimony received at the August 11, 1998 hearing, as well as all materials presented by staff; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city renewing a moratorium shall adopt, findings of fact prior to such renewal; Res. No. 98-276 Page 3 -, P PAGE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings of Fact. The Federal Way City Council hereby adopts the following Findings of Fact: A. The City has determined previously, through public testimony and the receipt of other evidence, that adult entertainment uses cause adverse secondary effects that are detrimental to the public health, safety, morals, protection of minors and the general welfare of the citizens of Federal Way. B. Many of those adverse secondary effects are summarized in the fin-dings of fact contained in Ordinance No. 95-241, Resolution No. 98-268 and Resolution 98-270 which are incorporated herein by this reference. Those adverse secondary effects include significant criminal activity not limited to prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and harboring of persons with outstanding arrest warrants; C. Those adverse secondary effects also include public sexual conduct on the premises of adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct also cause~ substantial public health and sal~ety concerns, not limited to the spread of sexually transmitted diseases. D. The City has reviewed studies from other cities concerning the adverse secondary effects arising from adult retail establishments ( a subset of adult entertainment uses), whose stock in trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments, Res. No. 98-2?6, Page 4 EXHiB[I F PAGE 4 OF devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are defined in FWCC 9-71'.A. - E. The City adopts by reference the studies from other cities that conclude that adverse secondary effects from such adult retail establishments include increased crime rates, depreciation of property values, deterioration of community character, and a decrease in the quality of life. F. The City adopts by reference the conclusions contained in such studies from other cities that conclude that such adult retail establishments tend to concentrate in certain area-~, and that the proximity of those establishments to sensitive uses such as schools, residential zones, places of religious worship and parks result in similar or increased adverse secondary effects. G. Although reliance on theSe studies has resulted in the decision by the City to regulate the location of such adult retail establishments, the City believes that the characteristics of such establishments within the City may have an impact on the type and manner of regulation which the City chooses to employ. The City f'mds that additional review of other studieS on the secondary effects of adult retail eStablishments is necessary to determine what regulations are appropriate. - -- H. Staff will prepare draft code amendments as a result of its further review of such studies to address the negative secondary effects of such adult useS for the City Council's consideration and adoption. I. A renewal of the moratorium eStablished by City Resolution No. 98-268 and Resolution No. 98-270 until February 12, 1999 is necessary to take such additional action. Res. No. 98-276, Page 5 PAGE. _ OF_' Section 2. Recitals and Findings of Fact Incorporated. The recitals set forth on pages I-3 of this Resolution, and the Findings of Fact contained in Ordinance No. 95-241, Resolution No. 98-268 and Resolution No. 98-270, are incorporated as if fully set forth herein and are hereby adopted.as additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact adopted in Section 1 of this Resolution. Section 3. Renewal of Moratorium. Based on the Findings of Fact adopted in Sections 1 and 2 above, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution No. 98-268 to be renewed for an additional six (6) month period. Accordingly, the moratorium shall not expire until midnight on February 12, 1999. Section 4. Work Plan. During the six (6) month extension, staff will continue its analysis and review of studies and ordinances from other jurisdictions addressing the negative secondary effects of adult businesses including adult bookstores. Staff will draft amendments to the FWCC, including without limitation, Sections 9-71 through 9-134 covering licensing and regulation of adult establishment businesses and the zoning charts contained in Chapter 22 of the FWCC. The draft amendments will be presented to the Federal Way Planting Commission if such amendments cover Chapter 22 of the FWCC and all amendments will be presented to' the Land Use Transportation City Council Committee and the full City Council for .consideration and adoption. The timing of the presentation of the amendments to the Planning Commission and City Council will depend upon each body's existing work plan and available schedule. In the event either the Planning Commission or City Council is unable to complete its review and adoption of such-amendments on or before February 12, 1999, staff will request an additional renewal of the moratorium. Res. No. 98-216, Page 6 E×H]B F PAGE a_OF Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this llth day of August, 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC ~ Res. No. 98-216, Page 7 E. XH BI ' F PAGE '7 OF APPROVED AS TO FORM: ~-~T~'A~FOR'NEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 98-276 August 11, 1998 August 11, 1998 KARESO\ADULTENT. P,.NW Res. No. 98-216, Page 8 EXHIB~-~ _F PAGE '~ OF ~ ORDINANCE aO. 95-ZN'I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAYt WASHINGTON, AMENDING THE ADULT ENTERTAINMENT CODE TO PROVIDE FOR A DEFINITION OF ADULT ENTERTAINMENT, FINDINGS OF FACT, PROCEDURES FOR THE CLERK TO SUSpEND'OR REVOKE A LICENSE, INFORMATION REQUIRED IN ADULT ENTERTAINMENT LICENSES, AND STANDARDS OF CONDUCT INCLUDING A MINIMUM FOUR FOOT SEPARATION BETWEEN ANENTERTAINERANDA PATRON (AMENDING ORDINANCE NO. 90-55 AND 92-129) WHEREAS, the Federal Way City Council finds that the ordinance is in the interests of the public health, safety and welfare, and ~ WHEREAS, based on public testimony and other evidence presented to it, the city Council has determined that the secondary effects 'of adult entertainment activities are detrimental to the public health, safety, morals and general welfare of the citizens of the Federal Way, and WHEREAS, proximity between entertainers and patrons during adult 'entertainment performances Can facilitate sexual contact, prostitution and related crimes, and WHEREAS, concerns about crime and public sexual activity are legitimate and compelling concerns of the City which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety and general welfare, and WHEREAS, it is'the intent of the ordinance to enact time, place and manner regulations which address the compelling interests of the City in mitigating the \ entertainment establishments, and ! Secondary effects of adult EXH B ? PAGE I OF WHEREAS, on June 1, 1995 and on July 13, 1995, the Public Safety and Human Services Council Committee reviewed the ordinance, heard testimony regarding enforcement problems with the City's existing ordinance, and moved that the amended ordinance be forwarded to the entire City council for approval; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON~ DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Federal Way City code, Chapter 9, Article III is hereby amended as follows: / DIVISION 1. GENERALLY Sec. 9-71. Definitions. For the purpose of this' article the words and phrases used in this section shall have the following meanings unless the context otherwise indicates: Adult entertainment shall mean an~i conducte~ in ~: premises where SUCh e~lDl~lon .~ ~ ..... ~a~ ~reS~~~~~~ areola or any portlon~ ct the pubic ha{-~~ ~e~ I, anus, buttocks, w~lva or p~~ o~ any portzon o~ ~ne of ....~he pubic ha~ ~9[g'~'~'n, anus, buttocks, vulva or ORD # qS-~7~L[ , PAGE EXHIBIT PAGE_ 2. _OF. ~-~_~ ....... , [ ....... d~ ~i~= ~ 1~'~ activity io held f ~ thc any .... ~ ~ ~ %'1~4~ ~ ' '. ' '~ ' ~ ........ ~';~A,~' ~ ~ ,~ '."~"~ X: ,"~" ,~",' ', ,., ' '.' ~'% ' ' · '' .'' ," 'f'"'~ ' ' '' ','"' ' . bu ~ es s~or ~an'~z a~ion%~who:~ho'l d,,~s ~gn ~,B~ can~, ~,n ter e ~~J~ e~ad~l~t " ~', & " ~' '~' ,~S~,~,J ', ~,~'.'~"~?~L' ~'> .',', ~ ,~,~, ~ ,,, ,%,~,",,,,,'~k,,' ' .'"' ,%'~'" Employee shall mean any and all persons, including entertainers, ;ln~',~epend~,.,~on~r~ac~ors.,,~ who work in or a~ or render any services d~rectly related to the operation of an adu it enter ta inment estab 1 ishment ' '~ ~ ~~ ~ ~ ~-- --~ -'~-~-~-~ '~"~~.,t~~-~-~t , PAGE 3 EXHIBIT PAGE OF ~!i Entertainer shall mean any person who provides ~ adult :~:~tertainment whether or not a fee is, charged or accepted for ~ entertainment. ~ "" ~ ~' any~..~ pcrf~rm~nce. ~'a~m Manager shall mean any person who manages, directs, inisters, or is in charge of, the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any ~ ' ~~~ ~ .... offcrlng adult entertainment . Operator shall mean any person operating, conducting or maintaining an adult entertainment establishment. n Panoram or peepshow shall mean anydevice which, upon. 1 sertion o~~__any_ other mean ..... ~ ......... ..: ........ ..:. ( o'~8'."' ~":'~ .~'.0_ ~ ~ ,;". ~', '~,~',.~'~'~:~. ~ cross reference(s)--Definitions and- rules of construction genera[[y, $ ~-2. Sec. 9-72. Findings of fact. Based on public testimony and other evidence presented to it, the city council makes the following findings of fact: (1) The ..,(..condary · ef.,fec.~s..t,,.o~.,,;~,~.~he activities defined and regulated ~n this article are detrimental to the public health, safety, morals, and general welfare of the ORD #, 95-2-41 , PAGE 4 EXHiBIIT ® -PAGE 4 _OF citizens of the city and, therefore, such activities must be r~gulated. (2) Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult ~has included prostitution,~ narcotics and alcoholic bev~~-C]~ of the peac~ and the presence within the industry ~f with hidden ownership interests and outstanding· arrest warrants. The activities described in. subscction ~' (2) '~ of this isection occur, in ~ of ~'~I'~'~'ion, regardI~ss of·whether the adult entertainment is presented in conjunction with the sale of alcoholic- beverages. It is necessary to license entertainers in the adult entertainment industry to.prevent ~he exploitation of minors; to ensure that each such entertainer is an adult and to ensure that such entertainers have not assumed a false name, which would make ·regulation of the entertainer difficult or 'impossible. It is necessary to have a licensed manager on 'the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that-there wilt at all necessary times be an individual responsible for the overall operation of the adult entertainment establishment,- including the actions of patrons, entertainers and other emploYees. The license fees required in this article are necessary as nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating the adult entertainment industry. Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have· historically occurred in the adult entertainment industry , PAGE 5 EXH BIT, PAGE g OF in the absence of regulation. These hidden ownership interests have historically been held by organized and white co].lar crime elements. In order f6r the city to effectively protect the public heal~h, ~afety, morals and general welfare of its citizens ~[{~~~_~~ .t~'--B~--f~]~l~ appr~-~e--d--6f'-~]~'e actual ownership ~ ~-:'~:'~ *~ - . , · Sec. 9-73. Penalties. (a) Criminal penalty. Any person violating any of the terms of this article shall be guilty of a misdemeanor and upon conviction thereof, be punished as provided in section 1-13. (b) Civil penalty. In addition to any other penalty provided in this section or by law, any person who violates any provision of any business license ordinance shall be.subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the city clerk. The city clerk, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number ORD ~ 95-Z~-1 , PAGE 6 PAGE G OF of past and present violations committed; and the good faith of the. violator in attempting to achieve compliance after notification of the violation. All civil-penaltie~ assessed will be 'Enforced and collected in accordance with the procedure specified under this article. (Ord. No. 90-55, S 15, 5-1-90) Sec. 9-74. Additional enforcement. Notwithstanding the existence or use of any other remedy, the city clerk may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provision of this article. (Ord. No. 90-55, S 16, 5-1-90) Sec. 9-75. Business hours. No adult entertainment shall.be conducted between hours of.- 2:00 a.m. and 10:00 aJm. (Ord. No. 90-55, § 10, 5-1-90) ~ Sec. 9-76. Activities not prohibited. This article shall not b~ construed to prohibit: (1) plays, operas, musicals or other dramatic works which.are not obscene as defined in section 9-126; (2) Classes, seminars 'and 'lectures held for serious scientific or educational purposes; or (3) Exhibitions or dances which are not obscene'~- .~-~--~ ~- (or~. ~o. ~6tg~gT~ ~ Sees. 9-77--9-85. Reserved. o,~ ~ 9,5-Z~1 , PAGE 7 PAGE v_ __OF DIVISION 2. ADMINISTRATION* *Cross reference(s)--Administration, ch. 2. .............~ . ~ ~ suspensionw revocation~ A,,.~{:~~, ~,Th(:,;,,c 1 erK~.'~a¥;F,~at,,', ar'i¥ ,'t, mcr ,,uDo~lhc,~':ecommorlda~ j ?h,,1 e,l",, o f,,'~po'l,::'l (:(,"~ ,',~,lnd ,. a~; l)r'()v Idud~3~be]~ow,'. ~ ~',~~]~ ~" , "~' ' '~', ..... ~'4, '4'., ~'~ .... ~*%~%,.~,~,,, ,e,,.,~. . ,,. '., '. v', ' , '. ,'J ,~. '" ......... .." ' ..... ,~ ~ , ~ , ', ,'~ c . , ~ ~ · , ' Io~a~ ~ ~s te ,law by,,~, , .. , -~,,~,~ ,., .,,. , , ~ ~., ,,,,; , ~ , revoKeO '. .... Wr~er~,, o t l~er~,",u ~o I a~on~%, of. this.,,chan~er, or.. othe~ app I, lcabl'~,f ord ~nan~'es'4, statut'es~ 'op,'..reg~ ~a t.lons":ar e'~Ef pund~ r ," · *.,' '.~,. ~ ~ ....~,~ · ~ ~ ', *~ ,~,~,,, ,,/ ~ ' , ,."'',~ , ,, · ,,~ ' .~'~F'J.'.'S~ "~: "~ '.Lnolud ~ ng, per 1od s, of, su.:ape ns.tOn., ORD ~ 95-Z/nil , PAGE 8 -`: PAGE OF.. ze ~D..,~,~Hot~;~}i.~~ by personal service or regzstered or ~er 1 le--~-al , return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the denial, suspensions, revocation ...... ~' ........... ~- The ~-~ ~ d ..... ~ ~- ~-- ~ ~ suspension or revocation shall become effective ten days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with t~ clerk for a hearing .before the kcarin~ cx~incr ~~ within such ten-day ~erlod. ~ ............ , pendency o~. ~t~e~ ORD ~ ~5-Z~I , PAGE 9 PAGE_ 2q Ccc. 9-8".. Authorv~f ............ conducting. copy to th~ o~ -~ (Ord. No. 90-55, § ~7~ ~i~]!, 5-1-90) Sec. 9-88. Notice of appeal. Any person falling under the provisions of this article may appeal from any notice of suspension, denial or revocation or civil penalty assessment by filing-with the city clerk within ten days from the date the notice is delivered or deemed received,.a'written appeal containing: ~ ~ (~) A heading in the words: ''Before the Hearing Examiner for the city of Federal Way''; (2) A caption reading:'' 'Appeal of ~' giving the names of all appellants participating in the appeal; (3) A brief statement setting forth the legal interest of each of the appellants participating in the appeal; (4) (5) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant; A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be ..reversed, modified,, or otherwise set aside;- (6) The signatures of all parties named as appellants, and their official mailing addresses; and (7) The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal. (Ord. No. 90-55, § 17(C), 5-1-90) ORD # d~-ZA~l , PAGE 10 e, PAGI Sec. 9-89. Date, time, place for hearing. As soon as practicable after ~eceiving the written appeal, the hearing examiner shall fix a date, time, and place for the hearing of the appeal. Such date shall be not less than ten days nor more than GG ~~_...~.~ from the d~e the aRpeal was filed with the c~t ~. Written notice o ~~n at least ten days prior to the date of the hearing to each appellant by the hearing examiner's office either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. :.:...~,-2.~ (Ord. No. 90-55, §~ ~ ?'~' ~::::::::~, .................. 5-1-90) Sec. 9-91. Scope of matters considered in appeal. Only those matters or-issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal. (Ord. No. 90-55, § 17(F), 5-1-90) Sec. 9-92. Waiver of right to appeal. Failure of any person to file an appeal in accordance with the provisions of this division shall constitute a waiver of his or her right to an administrative hearing and-adjudication of the notice and order, or any portion thereof. (Ord. No. 90-55, § 17(G), 5-1-90) Sec. 9-94. Action after hearing. Upon completion of the hearing, the hearing examiner shall: (1) Acccpt ~,~f~,~m the city clerk' s r ~ . ~,,~-d~~ 4 ~n prcscn ~c.47 ,~eo ~s .lo n.;.~..~, .(2) XH BI T, PAGE Ii _OF ze (Ord. No. 90-55, § 17(I), 5-1-90) Sec. 9-95. Appeal from hearing examiner. An appeal from a decision of the hearing examiner shall be to the county superior court and shall be served and filed within 30 days of the decision of the hearing examiner. In the event the applicant or license holder does not follow the procedures within the time periods set forth in this division, the action of the hearing examiner shall be final. (Ord. No. 90-55, § 17(J), 5-1-90) DIVISION 3. LICENSES Sec. 9-106. License for establishment required; fee; expiration. (a) Adult entertainment establishments shall not be operated or maintained in the city unless the owner or icsscc ~~ has ~':.~ · ~}~{~ obtained a license from the city clerk, as set f'6r~"~'-this ~:~le. It is unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment establishment. (b) The fee for an adult entertainment establishment license in the city as required in this division is $500.00 per year. (Ord. No. 90-55, § 3, 5-1-90) Sec. 9-107. License for managers, entertainers required; fee. No person shall work as a manager or entertainer at an adult entertainment establishment without having first obtained a manager's or an entertainer's license from the city clerk pursuant to sections 9-110(b) and 9-111. The annual fee for such a license shall be $50.00. (Ord. No. 90-55, § 4, 5-1-90) PAGE iz OF Sec. 9-108. Due date for license fees. (a) The license fee required by section 9-106 is due and payable.to the city clerk at least two weeks before the opening of the adult entertainment establishment. (b) The license fee required by sections 9-106 and 9-107 are due and payable to the city clerk before the beginning of such entertainment or beginning employment. (c) Every license issued or renewed pursuant to this article shall expire on December 31 of each year. (d) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application .for license is made, and shall not be prorated for any part of. the year except that if the original application, for license is made subsequent to June 30, the license.fee for the remainder of that year shall be one-half of the annual license fee. Annual-license renewals shall be required to be obtained and paid in ful~ by January 31 of each respective calendar year. · (Ord. No. 90-55, § 5, 5-1-90) Sec. 9-109. Renewal of license; late penalty. A late penalty shall be charged on all applications for renewal of a license received later than Seven. days after the expiration date of such license as set forth.in the respective 'resolution or ordinance establishing the expiration date of such license. The amount of such penalty is fixed as follows: Days Past Due Additional Percentage of License Fees 8--30 25 31--60 50 ~ 61 and over 100 (Ord. No. 90-55, § 6, .5-1-90) Sec. 9-110. License applications. (a) Adult entertainment establishment license. ~~ ................ . All applications for an adult ~~~-~'~t esta lshment license f~r - ~r~ ~ ~..~ .............. shall be submitted , PAGE 13 EXHIBIT Sec. 9-108. Due date for license fees. (a) The license fee required by section 9-106 is due and payable to the city clerk at least two weeks before the opening of the adult entertainment establishment. (b) The license fee required by sections 9-106 and 9-107 are due and payable to the city clerk before the beginning of such entertainment or beginning employment. (c) Every license issued or renewed pursuant to this article shall expire on December 31 of each year. (d) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application, for license is made subsequent to June 30, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in °ful~ by January 31 of each respective calendar year. (ord. No. 90-55, § 5, 5-1-90) Sec. 9-109. Renewal of license; late penalty. A late penalty shall be 'charged on all applications for renewal of a license received, later than 'Seven days after the expiration date of such license as set for.th.in the respective resolution or ordinance.establishing the'expiration date of such license. The. amount of such penalty ·is fixed as follows: Days Past Due ·Additional Percentage of License. Fees 8--30 25 .-: 31--60 50 - , 61 and over 100 (Ord. No. 90-55, § .6, 5-1-90) Sec. 9-110. License applications. (a) Adult entertainment establishment license. · '~ Ail applications for an adult hment license for .....-~- adult cntcrtainmcnt shall be submitted.~ · :~-~%~.:. ~:-~~:~ , PAGE 13 PAGE_I4_OF in the~name of the person or entity~propo~i~ to conduct such ~ adult ' ~' ~"'~'~ ..... ~'~ ..... ~ entertainment ~i~,~ on the business premises and shall be si~n--~'";~y 'suS~ P~6h or' his or her agent and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information: .k~ % , PAGE 14 OF_ze _ PAGE 15 EXHiBiT PAGE (( , PAGE 16 ORD # 95-2~41 PAGE ~.n sba adm in ~.'_~ f ORD co ±ns wft the c] erk dete'rm~:nes' ',th~'the,-~a'pp~('xcant, has':~fal] ed,,'to me~,t ],.n~[ormation'"}~equ~],red~:.tit~,er thi, s',",subsectiOn of,.that,,','the reasonable, ext~nsi0n,,..of, tl.me=..'ix~' which to I t' 't.[ze clerk...finds'.,~ha.t ' the' ~appi,~ant has ,,....fa J. led'. to ..mee,t enter ta ~.nment-e st ab'~hment~,~ Icens e ;~. the, rea.~ons ,ther(.for,; ,,,~n~:Ud].ng ',app~.,.~cable law,~' If the clerk PAGE (b) Application for manager or entertainer license. .lcense shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information: (1) ~ The applicant' s name, home address, home telephone number, date and place of birth, f lngerprlnts s~age names or nicknames used in entertainingT The name and address of each business at which the applicant intends to work as. an s)%~~~,.,,,~'~' =~ ' _um~ ...... ~'~ "' ~C"'~'~3~~'' ,~ R ~ has ,.-- · attained .................. t-h-~----~-ge-~---~i~~--years. Any ~ of the following.shai~e~c~cepted as documentation of age: a. A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; ~_. ...~ - ~.:.,,... a~..~f:~Eia~e~%~,i~i~u~d. . identification card ........ '~'~'~'""th'~ '~a~p'~icant's photograph and ddt e ~ ~ ~: ~ ~, ~ birth; ~. , PAGE 18 EXHIBIT G PAGE_ OF statementg~{~,e[,?fort5 ~in ,.,the applu, caZa~~~ a.n~ormat,ion,~equa,~eS~o ~ be~guppi'ied ' accord,~ng~ ~;al ].ed~.toqm[~e~,~:~lI1v,~.~o.~t.h~"~requ~rement t~ to~..%t,~;suance~o; approve ' or ,'deny ~an,'acpltcat3, on' for a manager~ s' Ii'co,isa w i th Jn four. teen ~'''{ .... ]. ~ "'" ,,,:,.y=~.'of fi. ng of a comD'!.ete tho appl. icant may; stlbject to all of. her appl. icabl.e.~.:la~, enterta I nment astabI,l:shmant,, unt'l. 1 .not] f 1. ed; by. ,~he.,,c~ that' the .].,lcense. has,.'been, dell ~ed, but in no ,eyent 'exta~d"the ~apo'lii'catlon' review 't: ime. for.; more 'tha'n~n add.i, ti ona ! ,.~ 0 da~s. "' to,,tlie~ adul~renter.balnment: establ.'~,,hment.~ ~ manager., 'on on the pre. ml.scs.~pr[.or, to,'h~=, or, her porforma~.ce ~w.~na~er sha'l 1 'ret'~n'" the '1 ic01'~seG of thn "adfi!t XHIBIT () i '''~ ~"' c Temporary manager ~ cnterta ner license. ~, ....... ~ .... j- a permanent licansa ;:ill bc issued. co. (Ord. No. 90-55, § 7(A), (B) (1)--(3) , 5-1-90; Ord. No. 92-129, § 1, 3-17-92) , PAGE 20 AXHIBIT Sec. 9-112. Manager on premises. A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided. (Ord. No. 90-55, § 8, 5-1-90) Secs. 9-114--9-125. Reserved. DIVISION 4. REGULATIONS O~D ~ qS-ZJ/-I , PAGE 21 EXHIBIT G PAGE ~__AOF :z ~t ( (' (' ( or ..... l~t~d, bo Cross reference(s)--Definitions generally, § 1-2. and rules of Sec. 9-127. Exception from division. construction This division does not apply to taverns and premises ..... ~_ .... ~.~..,~ -% ......... ,_~...,j, ;..~. .,..,. ~ '"~,"_~ .%..~ ~-... maintaining liquor llcenseo ~~;~ ~'are.~.~u~~%~~~~g ~''~':'''''''' '~ to. ,o. 90-55,'~'~": ~'~'~'"'~ 9(~),'~:~";'~:~'~'~~ =-~=-9-o-)-- ~'=~"' '""~' '~'~'~': ": ""~"~'"~'~' :"'~ Sec. 9-128. Standards of conduct and operation. The following standards of conduct must be adhered to by employees, of any adult-entertainment establishment %'hick cffcr-~-, ~.,~~-~" ~ ~ m-~, ..... t~" ..... d~l~~,,~ ..... ~,,,,,~,,~~ .... : No employee or entertainer shall .cncouragc or , PAGE 22 EXHIBIT, PAGE OF? NO employee or entertainer '._;'.[i"~ "'~ .... i. , . shall wear or use any device ~'~se~~o view which simulates the breast below the top of the areola, vulvav~^~ genitals, anus~ ~ buttocks No employee or entertainer shall .~,.n..~ or saparata,'a uatron's legs ORD // (2:).5~2..Z~1 No employee or entertainer shall use artificial p~.r'for'~ actual<,~'r' si'~fllatled":}.~ts', of. ,,'sexu[.~l,, condu~:'t · ''~," ' ' "~ *~"' .... ~ ' ' '~/~'~ .... ~* '" T~' W '" as defined ~ ln:~: th].s ,,¢hap, te.~:,.~ .,or..any .:ac h~c!t wasnl ng~on ,,, Mor, a~l,,~,N u l'sanc~:s~$~t, acu ~ ¢~.~ , PAGE 23 EXHIBIT PAGE 24 OF · . ( Soo. 9-129. List of entertainments, fees. There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. (Ord. No. 90-55, § 9(a)(7), 5-1-90) Sec. 9-130. Physical layout of ~remises; sight obstructions. Every place offering adult entertainment shall be physically arranged in such a manner that: (1) I crformanoe" area,. The performance , area where' 'ad.u.:l,.t 'o. ntortainm~.l~t ,,, as ,' ,;,d~sc'ri,~ed,,, , , : ,i'n / ~ sc:dE,ion , provlded"shal'l,,'be"'a stage or platform at.'.].',.qa:~t.Ze'~gh~een ..fl~,.. t'o~t.: ..... in hes~h~;~b~'gb" ~h~',~.flo6r', .. , . ...... anO'l~ae*d "he,,q,~'a~~:"~'"~. .,,, ORD // PAGE 24 EXHIBIT G PAGE ~ $' OF = ~ p~," . - -E _---~.%~. ~,~,, ~' _ ' _. .... '"--" _ _. £'_--71 ......... h ~~"'~,~ ~", ':an ~e ......................... b<.~e [~:~7 cub].(: ] es, rooms or stalls where 1,'t adult entertainment is provided ~~e from the common areas of the premises ~~ ~~...... Visibility shall ~~o~e--~ '~~ ~~~.. ~.'~.~ by doors, curtains, drapes7 or any other ~'6~:~~n ~hatsoever. (2) No activity or entertainment occurring on the premises shall be visible at any time from any other public place. shall ~ "~i~l^ ~ · any ...... ~. ..... ~,..... c,,,~.,-~,-,.z,,,c,,,- on %he prcmiseG. Sec. 9-132. Notice to customers. A sign shall be conspicuously displayed in a common area of the premises'which shall read as follows: This adult entertainment establishment is regulated by the city. Entertainers are: , , , ~' ,,~, ,. ,.~',~', , , ',,"',,,,, , ,,,,~,. ,(','~,,,,,~ :., ,, --',,'~ :,, .,,',,,.,: ,,,,,'.' /,,, b. .... pcrmittad to expose ~ ~ ...... .... a nearest ~+ ...... NOT. f I~i~4II. I..ED: ~O APPEAR SEMImNUDE OR, NUDE,.. EXCEPT ON STAGE ORD # , PAGE 25 EXHIBIT G PAGE OF ze (Ord. No. 90-55, Sec. 9-133, Additional requirements for peepshows. The following additional requirements must be adhered to at any panoram or peepshow: (1) The interior of the panoram or peepshow premises shall be arranged in such a manner as to insure that customers are fully visible from the waist down, and all persons viewing such panoram pictures shall be visible from the entrance to such premises. (2) The licensee shall not permit any doors to public areas on the premises .to be locked during business hours. (3) Any room or area on such premises shall be readily accessible at all times for inspection by any =law enforcement officer or license inspector. (4) (Ord. No. Thc1 .... ~ c--s ........ ~c-.~h~ll- -- "- t .... -~ - adequate illumination premises .................... ~ .......... ~ ........... Sec. 9-134. Additional requirements for adult entertainment establishments. At any required: adult entertainment establishment .,~ai~a~ -d''~ ~-~-~ .... ~ the following -are (1) Admission must be restricted to persons of the age of 18 years or more. (2) Ne i-t=.he~:- .thc~')er~.o~.~na no<~: No adu',l,t ,enter,ta,inm'ent', shal,'i ..-........'~'t-:~'l~l.- --- --,ish~e~l~"' nr~'r' "a'R'~"'~ _~ photograph'S'"' ~'"~ ..... ~':, ......... drawlng,~ ................ sketch'"~'~'~'~ ....... or other pictorial or graphic representation th .... f thc arc:la or any pcrticn cf thc pubic ~-~- EXHIBIT a - PAGE_=v_OF_X? - (3) Sufficient .lighting shall be provided in and ~ d'i~;~'~~ about the parts of the premis~~ are ~'0~ '~~s~d b-- ~h .... blic ~~ so ~at all ~0,~b~ts ~ p~nly ~sible at all~~~ (Ord. ~o. ~0-55, ~ ~(C}, 5-1-~01 Seca. 9-135--9-155. Reserved. Section 2. Severabilit¥. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or ~or~ion 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 vaiidity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the city of Federal Way CITY OF FEDERAL WAY ORD # d~-Zz~-I , PAGE 27 EXHiBiT G PAG OF CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE.DATE: ORDINANCE NO. 95-241 E\ORD [ N \ADULT. El, IT 07/25/95 08/]..5/95 · 08/19/95 61o 95-241 , PAGE 28 EXHIB~tT G PAGE 2"t OF ~-~7_ SURVEY OF ADULT ENTERTAINMENT SITES IN KING COUNTY SETBACKS FROM: EXISTING . ZONING RESID- OTHER SENSITIVE USES: (2) JURISDICT'N ADULT USES: WHERE ENTIAL ADULT (1) PERMrrrED: ZONES: USES: B V P D P 'S D C Algona Auburn 0 0 0 0 C-3. M-l, M-2 1000' 1000' 1000' 1000' 1000' 1000'" Beaux Arts No Commercial Zoning Within City Bellevue 4 0 0 0 Downtown, 660' 660' 660' 660' 660' 660' OLB, CB Black Diamond 0 0 0 0 Lt I/C 1000' if 1000' 1000' if 1000' if 1000' if 1000' if request request request request request through through through through through CUP CUP CUP _CUP CUP Bothell Burien* 0 0 0 0 660' 660' 660' 660' 660' 660' Carnation 0 0 0 0 Lt I 0 0 500' 600' 600' 600' Clyde Hill No Commercial Zoning Within City Covington Des M°ines 0 0 0 0 Highway Corn 0 0 0 0 0 0 Duvall ~numclaw ;deral Way 0 2 0 ;I CC, CCF' 'i000' 1000' 1000' 1000' 1000' 1000' Hunt's Point No Commercial Zoning Within 'City Issaquah 0 0 0 0 lC 500' one'per 500' 500' 500' 500' site Kenrnore* I CB, RB; O 660' 660' 660' 660' 660' 660' Kent Kirkland 0 0 0 0 BC, CBD 1500' 1500' 1500' 1500' 1500' 1500' Lake Forest 0 0 0 0 BC 660' 660' 660' 660' 660' 660' Park Maple Valley* 0 0 0 0 Regulations under - ~ development I I i Medina No Commercial Zoning Within City Mercerlsland 0 0 0 0 TwnCntr, Mid ~ 0 0 I 0 1 0 I 0 I 0 0 * Moratorium for all new adult entertainment businesses is in place ** Moritorium for new live adult entertainment businesses is in place (2) Sensitive Uses (I) Types of Adult Uses B - Bookstores V - Video Arcades P - Panorams or Viewing Arcades D - Dance Establishments L:~DU LTLSITES.DOC P- Parks S - Schools D - Daycare Facilities C - Churches PAGE_ H OF Milton 0 0 0 0 B ~N~ ~~' D~EN) 1000' 1000'I 1000" New~sfle 0 0 0 0 No.andy ~ ~ ~ Pa~ S~BACKS FROM: EXISTING ZONING RESID- OTHER SENSITIVE USES: (2) JURISDCT'N ADULT USES: ~ERE EN~L ADULT (1) PERM~ED: ZONES: USES: NoRh Bend 0 0 0 0 Do~t~n 0 I mile 3~' '300' 300' 300' Com~mial Pacific* 0 0 0 0 R~u~ns · under deve~p~nt R~mond 0 0 0 0 BC, P~ BP, I, 825' 825' 825' 825' 825' MP Renton 4 0 0" 0 CO, CS, C~ 10~' 0 1000' 1000' 0 1000' CD, CO, IL, IM, iH ' SeaEle'* ? ? ? ? Dn~ R, 0 0 0 0 0 0 Dn~ O-1, Dn~ ~2 SeaTac _ Shomiine 0 3 0 1 RB 4~' 400' 400' 400' 400' 400' Skykomish Sn~Ualmie 0 0 0 0 ~mmuni~ 0- 0 0 0 0 0 ' Re~il, Offi~ ~, Planned Cfi Tu~ila 0 0 0 2 C~I, ~S, LI, lOOO' lOOO' 10oo' .5 mile .5 mile lOOO' HI,.MIC~, MIC~ Woodinville Yaffow Point No ~mme~al zoning ~in ci~ King Coun~* '2 CB,RB.O SS0' I ~0' I ~0' I eS0' I' 66o' I 66o' * Moratorium for all new adult entertainment businesses is in place ** Moritorium for new live adult entertainment businesses is in place (2) Sensitive Uses (I) Types of Adult Uses B - Bookstores V - Video Arcades P - Panorams or Viewing Arcades D - Dance Establishments P - Parks S - Schools D - Daycare Facilities' C - Churches L:LADULT~SITES.DOC EXi , B T PAGE STUDIES OF SECONDARY IMPACTS OF ADULT ENTERTAINMENT 4. 5. 6. 10. 11. 12. 13. 14. A Report on Zoning and Other Methods Regulating Adult Entertainment in Amarillo; Amarillo, Texas (September 1977) A Study on the Need to Regulate the Location of Adult Entertainment Uses; Bellevue, Washington (September 1987) Adult Entertainment Business in Indianapolis, Indiana (1984) Adult Entertainment Study; City of New York (November 1994) City of Kent Adult Use Zoning Study; Kent, Washington (November 1982) Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; Garden Grove, California - (October 1991) Regulation of Adult Entertainment Establishments in New Hanover County; North Carolina (July 1989) Relation of Criminal Activity and Adult Businesses; City of Phoenix (May 1979) Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area; New York, NY (April 1994) Report of the Attorney General's Working ~roup on the Regulation of Sexually Oriented Businesses, Minnesota (June 1989) Report on Adult Oriented Businesses in Austin; Austin, Texas (May 1986) Study & Recommendations for Adult Entertainment Businesses in the Town of Islip; Islip, New York (September 1980) Study on the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles; Los Angeles, California (June 1977) Zoning and Adult Amusement; Albuquerque, New Mexico (May 1995) EXHIBIT PAGE L_OF ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, REVISING DISTANCE SEPARATION REQUIREMENTS,AND ADDING AMMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and WHEREAS, the City has made a detailed review of the national record, including studies fi.om the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult entertainment, activity, retail, or use require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said businesses as well as the citizens of the City; and WHEREAS, the City Council fmds that concerns about crime and public sexual activity generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are legitimate, substantial, and compelling concerns of the City which demand reasonable regulation; and WHEREAS, the City Council finds that adult entertainment, activity, retail, or use, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and ORD # , PAGE I EXHIBIT '3' PAGE L_OF ,, WHEREAS, there is convincing documented evidence that adult entertainment, activity, retail, or use have a detrimental effect on both the existing businesses around them and the surrounding residential and commercial areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such retail facilities; and WHEREAS, the City recognizes that adult entertainment, activity, retail, or use, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, libraries, schools, and other adult entertainment, activity, retail, or use, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local govemmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the uses are minimized; and WHEREAS, this ordinance is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of adult entertainment, activity, retail, or use. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult retail uses, and to isolate dangerous and unlawful conduct associated with these fa¢il';ties, and ORD tt _, PAGE 2 EXHIBIT PAGE 2 .OF ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, REVISING DISTANCE SEPARATIONREQUIREMENTS,AND ADDING AMMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and WHEREAS, the City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult entertainment, activity, retail, or use require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said businesses as well as the citizens of the City; and WHEREAS, the City Council finds that concerns about crime and public sexual activity generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are legitimate, substantial, and compelling concerns of the City which demand reasonable regulation; and WHEREAS, the City Council finds that adult entertainment, activity, retail, or use, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and ORD # , PAGE 1 EXHIBIT, '3" PAGE [_L_OF ,, WHEREAS, there is convincing documented e,~tidence that adult entertainment, acti~4tv. or use have a detrimental effect on both the existimg businesses arou~ them and the s~ residential and commercial areas adjacent to them., causing increased crime, the downgradi~_ quality of life and property values and the spread: of urban blight. Reasonable regulation location of these facilities will provide for the prrotection of the community, protect re~.-id~--~-~ patrons, and employees from the adverse secondar35./effects of such retail facilities; and WHEREAS, the City recognizes that adult entertminment, activity, re-il, or use, dtie to theiz- ,~.-, nature, have serious objectionable operational chaxracteristics, particularly when located in proximity to residential neighborhoods, day care ce--nters, religious facilities,' public parks, schools, and other adult entertainment, activity, retmil, or use, thereby having a deleterious upon the quality of life in the surrounding arems. It has been acknowledged by cour~ a~-- communities across the nation that state and local ~overnmental entities have a special conc~?: regulating the operation of such businesses under thxeirjurisdiction to ensure the adverse secon,~ effects of the uses are minimized; and WHEREAS, this ordinance is intended to prote~t the general public health, safety, and of the citizenry of the City through the regulation ,~f the location of adult entertainment_ retail, or use. The regulations set forth herein are !intended to control health, safety, and issues, the decline in neighborhood conditions im and around adult retail uses, and to dangerous and unlawful conduct associated with th~ese facilities, and ORD # , PAGE 2 EXHIBIT PAGE 2 OF WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington_ State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of adult entertainment, activity, retail, or use; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution off obscene material, and the City Council recognizes that state and federal law prohibits the distribution. of obscene materials; and WHEREAS the Federal Way Planning Commission, having considered the proposal at public hearings during 1998, pursuant to Federal Way City Code (FWCC) Section 22-30, and all publi~ notices having been duly given pursuant, to FWCC Section 22-528; and WHEREAS the public was given oppommities to comment on the proposal during the Plannin~ Commission review; and WHEREAS the City of Federal Way SEPA responsible official issued a Declaration o~~ Nonsignificance on December 17, 1998; and WHEREAS following the public hearing, the Planning Commission submitted to the Land Use/Transportation Committee of the City Council its recommendation in favor of the proposal.. adding sections to the FWCC as noted; and WHEREAS the Land Use/Transportation Committee of the City Council met to consider the recommendation of the Planning Commission and has moved to forward the proposal, withq amendments, to the full City Council; and ORD # ., PAGE 3 EXHIBIT PAGE WHEREAS them was sufficient opportunity for the public to comment on the proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the proposal and the proposed amendments to the FWCC: 1. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on December 17, 1998; and 2. The proposed code amendments would not adversely affect the public health, safety, or welfare; and 3. The Planning Commission, following notice thereof as required by RCW 35A.63.070,held a public heating on the proposed amendments and has considered the testimony, written comments, and material from the public by and through said hearing. Section 2. Conclusions. Pursuant to FWCC Section 22-216, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP) purposes, goals, and polices: ORD # , PAGE 4 EXHIBIT 3-' PAGE_ _ OF 3' FWCP Pg VII-1 FWCP Pg VII-I "Create an identifiable downtown that is the social and economic focus of the City." "Establishment of an urban center that is a vibrant, unique and attractive place to work." FWCP CCG5 "Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work and visit." The proposal bears a substantial relationship to the public health, safety, and welfare. Zoning and text amendment criteria under FWCC Section 22-523 are met.- Ao Section 3. Amendment. The FWCC, Chapter 22, Zoning, is amended as set forth in EXHIBIT Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application' to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # , PAGE 5 EXHIBIT, PAGE ._ OF_ Section 6. Effective Date. publication as provided by law. This ordinance shall be effective five (5) days after passag~ and PASSED by the City Council ., 1998. of the City of Federal Way this d~y of CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINT7. CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I :kDOC UM ENTLK D UL 'I"LKD UL TO I~d). W p D ORD # , PAGE 6 EXH|B T PAGE_A_ OF EXHIBIT '-J" PAGE_!_~ OF ~' EXHIBIT :3' PAGE,,~ OF s' MEETING DATE: February 2, 1999 ITEM// CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE x BVSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: The full Council will be interviewing applicants at a special meeting on February 2, and will make their recommendation for appointment of four (4) commissioners and two (2) alterates to the city's Human Services Commission at their regular meeting the same evening. CITY COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: To approve the appointments to the l~u.man Services Commission recommended by the Council of Whole. /y/~ ]~// as APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # I st Reading Enactment Reading ORDINANCE # RESOLUTION # IgCOVERCC-5/I 4/96 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION X ORDINANCE STAFF REPORT BUSINESS PROCLAMATION HEARING STUDY SESSION FYI OTHER Amount Budgeted: $ none Expenditure Amt: $ none Contingency Reqd: $ none ATTACHMENTS: Draft Rezone Ordinance for Heritage Woods Division 2. Staff report is attached to .......................................................................................................................................... SUMMARY/BACKGROUND: The applicant has submitted a request for a final plat approval for Heritage Woods Division 2, a 66 lot Division of Heritage Woods. The preliminary plat was originally approved by the Federal Way City Council on October 20, 1992. In conjunction with the preliminary plat application, the City Council passed Resolution 92-122, a Resolution of Intent to Rezone a portion of the site from RS 9.6 to RS 7.2. Heritage Woods Division 2 has been developed in conformance with the Resolution of Intent to Rezone. The City Council Land Use/Transportation Committee (LUTC) reviewed the final plat request at their ....................................................................................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: LUTC review of the project is scheduled for February 1, 1999, and LUTC recommendation was not available at publication of this agenda bill. LUTC CITY MANAGER RECOMMENDATION: [~'~ £V'ra al,/(tq ~o~,,,,~~ - (BELOW TO BE COMPLETED BY CI~ CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # L ~PRMSYS~DOCUMENT~SUB98 00 03'~CCAGNDOR DOC ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCil, OF Ti:IF. CITY OF FEDERAL WAY, WASHINGTON, REZONING A PORTION OF AN APPROXIMATELY 15 ACRE SITE GENERALLY LOCATED BETWEEN SOUTH 282ND AND SOUTH 284TH STREETS, WEST OF MILITARY ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE FAMHN RESIDENTIAL (RS 9.6) TO SINGLE-FAMILY RESIDENTIAL (RS 7.2), (REZ92-0003). WHEREAS, the applicant, Schneider Homes, Inc. has a possessory ownership interest in three parcels of property comprising approximately 15 acres, located on the west side of Military Road immediately south of its intersection with Star Lake Road and Interstate 5 overpass; and WHEREAS, the northern approximately 26.5 acres of the property is known as Heritage Woods Division 1, recorded in the records of King County in Volume 179, Pages 76-83, is presently zoned RS 7.2; and WHEREAS, approximately seven acres of the total 15 acres of Heritage Woods Division 2, City of Federal Way File No. SUB98-0003 is presently zoned RS 7.2, while the eastern approximately eight acres are presently zoned RS 9.6; and WHEREAS, the applicant is requesting a zoning change (application No. REZ92-0003) for the eastern eight acres, and is additionally requesting to subdivide Heritage Woods Division 2 into 66 single-family residential lots (a portion of the subdivision commonly known as Heritage Woods), pursuant to Federal Way Application Nos. SUB91-0001, SUB92-0005 and SUB98-0003; and WHEREAS, the property to be rezoned in Heritage Woods Division 2 (Division 2 Property) is legally described as: That portion of Tracts G, H, & J, Heritage Woods Division 1, according to the Plat thereof recorded in Volume 179 of Plats, Pages 76 through 83, inclusive, and located in the NE, SE, and SW 1/4's of Section 33, Township 22N, Range 4E, W.M. in King County, Washington. WHEREAS, the applicant in 1992 applied for a project rezone, wherein the City evaluated the applicant's specific development proposal for the subject property as part of the decision on the Ordinance No. , Page 1 rezone; and WHEREAS, pursuant to Federal Way City Code Section 22-296, a project related rezone is processed according to Process V described in Section 22-476 of the Code; and WHEREAS, a~er ail proper notice requirements, a public heating was held on the specific rezone and Preliminary Plat Application on June 1, 1992; and WHEREAS, the City of Federal Way Hearing Examiner, having heard public testimony and reviewed all written comments and evidence presented, issued a recommendation on Rezone and Preliminary Plat Application on June 16, 1992; and WHEREAS, the Hearing Examiner recommended that the request for rezone classification from RS 9.6 to RS 7.2 (application No. REZ92-0003) and the preliminary plat approval for Heritage Woods, Federal Way Preliminary Plat Application Nos. SUB91-0001 and SUB92-0005 be approved subject to the conditions contained in the Recommendation on Rezone and Preliminary Plat Application; and WHEREAS, Heritage Woods Division 2 has been constructed and financially guaranteed in compliance with the preliminary plat approval, and Chapter 20 of the Federal Way City Code; and WHEREAS, the City Council, on October 20, 1992, preliminarily approved the project related rezone pursuant to the Intent to Rezone in Federal Way City Council Resolution 92-122; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Criteria to Rezone. The City council makes the following Findings of Fact pursuant to Federal Way City Code Section 22-489(e): 1. The project related rezone is in the'best interest~ of the residents of the City. The applicant is developing the site in accordance with all City codes and regulations. Also, the applicant is buffering existing adjoining developments, protecting and restoring sensitive areas, and providing waikways to ensure safe access to schools. 2. The proposed rezone is appropriate because the rezone will correct a classification or zone boundary_ that was inappropriate when established, The site is located within the suburban residential land use classification of the applicable comprehensive plan. Both RS 7.2 and RS 9.6 Ordinance No. , Page 2 single family zones are allowable within this classification. The properties adjoining the west, and Division 1 to the north are currently zoned RS 7.2. Division 2 is split zoned. approximately 45 percent being zoned RS 7.2. The RS 9.6 properties are generally loc~ the eastern portion of the site. The requested zone classification would allow compara~,(e and development standards throughout the entire site. 3. The project related rezone is consistent with the Federal W~_ Ci_tv Code in respects. The City's Community Development Review Committee has reviewed the relation to all zoning code requirements and regulations. As proposed and recommende~ staff, the Heritage Woods Division 2 final plat and rezone complies with all applicable regulations. 4. The site plan of the proposed project is designed to minimize all adverse developed properties in $h~ immediate vicinity of the subject propert_v. The potential for- impacts resulting from the proposed development was considered through the environmeZv-~ review process. Measures to minimize or eliminate identified adverse impacts were reqtz_-'-e.Z through that process. 5. The site is designed to minimize impacts upon public services and utilities. I~ conjunction with required offsite improvements, streets and utilities within this area are to serve the development. No impacts to public services have been identified. Section 2. Finding~ of Fitct. The City Council of the City of Federal Way adopts the of Fact contained in the Heating Examiner's June 16, 1992, Recommendation on Rezor_e Preliminary Plat Application, attached hereto as Exhibit A and incorporated herein by reference. The applicant has constructed and financially guaranteed Heritage Woods Division conformance with the Intent to Rezone in Resolution 92-122, and the preliminary plat Section 3. Rezone. The Heritage Woods Division 2 (Division 2 Property) is locatec5 between South 282nd and 284th Streets, west of Military Road, and within the City of Way is hereby rezoned from Single-Family Residential (RS 9.6) to Single-Family Resid~ 7.2), and subject to those conditions contained in the October 2, 1992, Decision of the Examiner on Reconsideration attached hereto as Exhibit B and incorporated herein by reference. Ordinance No. , Page 3 Section 4. Severability, If any section, sentence, clause, or phrase of this ordinance 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 section, sentence, clause, or phrase of this ordinance. Section 5. Effective Date, This ordinance shall be effective five days after passage and publication of an approved summary consisting of the title hereto. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY this , 1999. CITY OF FEDERAL WAY day of ATTEST: MAYOR, RONALD GINTZ CITY CLERK, N. CItRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATFORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED; EFFECI~VE DATE: ORDINANCE No.: LAPRMSYSkDOCUM ENTxSUB98 _00 03\ORDINANC DOC Ordinance No. , Page 4 MEETING DATE: February 2, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Ordinance Authorizing Lodging Tax CATEGORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION X OTHER Lodging Tax Committee Report; City Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: A draft ordinance authorizing the levy of a special lodging tax; the Lodging Tax Committee report with cover memorandum dated January 22, 1999, to Finance, Economic Development and Regional Affairs Committee (FEDRAC). A memorandum from the City Attorney responding to legal questions raised at the January 26, 1999 FEDRAC meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: After considering the Lodging Tax Advisory Committee's recommendation and the accompanying minority report, the FEDRAC recommends that full Council combine portions of both the mai ority and minority recommendations to: 1) enact the tax immediately for collection effective March 1, 1999; 2) allow the use for arts, marketing material, and economic development activities in 1999/2000 to promote tourism generally, to cultivate a strong client base for the expanding lodging capacity locally and to attract business and leisure travelers/visitors to the community; 3) to provide funding for a market/feasibility study of a convention/performing arts center in the downtown area which will be repaid from the lodging tax should the actual tax collection exceed the current projection; and 4) to include the proposed convention/performing arts center in the capital facility strategic planning process, and pending the positive result of the market/feasibility study, to dedicate future lodging tax revenues for such capita[ purposes. .] ..................... ...................................................................................................................................................................... ................... APPROVED FOR INCLUSION IN COUNCIL PACKET: C~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ORDINANCE NO. 99- DRAFT A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, LEVYING A SPECIAL EXCISE TAX OF ONE PERCENT ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING BY ANY HOTEL, MOTEL, ROOMING HOUSE, TOURIST COURT, OR TRAILER CAMP, AND THE GRANTING OF ANY SIMILAR LICENSE TO USE REAL PROPERTY; ESTABLISHING A SPECIAL REVENUE FUND (HOTEL/MOTEL TAX NO. 109) FOR THE TAX; PROVIDING PENALTIES FOR NONPAYMENT OF THE TAX OR VIOLATION OF THE REQUIREMENTS OF THE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, SSB 5867, enacted as Chapter 452, Laws of 1997, provides that cities are authorized to levy and collect a special excise tax not to exceed four percent on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW; and WHEREAS, SSB 5867, enacted as Chapter 452, Laws of 1997, provides that such tax shall be levied only to pay all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of a tourism-related facility; and WHEREAS,Ordinance No. 9_8-322 establishing the City of Federal Way Lodging Tax Advisory Committee was passed by the Federal Way City Council on November 17, 1998; and WHEREAS, Lodging Tax Advisory Committee, after a 45-day review period, provided a report to the City for implementation of an additional one percent lodging tax; and ORD. No. 99- ,'Page 1 WHEREAS, the City Council desires to establish and levy such tax for the purposes provided by statute; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. There is hereby created a special excise tax of one percent on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW. The tax imposed under Chapter 82.08 RCW applies to the sale of or charge made for the furnishing of lodging by a hotel, motel, rooming house, tourist court, or trailer camp, and the granting of any similar license to use real property as distinguished from the renting or leasing of real property. It shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. Section 2. The definitions of"selling price," "seller," "buyer," "consumer," and all other definitions as are now contained in RCW 82.08.010, and subsequent amendments thereto, are adopted as the definitions for the tax levied in this chapter. Section 3. There is created a special revenue fund (Hotel/Motel Tax No. 109) in the City and all taxes collected under this chspter shall be placed in this fund to be used solely for the purpose of paying all or any part of the cost of tourist promotion, acquisition of tourism- related facilities, or operation of tourism-related facilities or to pay for any other uses as authorized in Chapter 67.28 RCW, as now or hereafter amended. ORD. No. 99- , Page 2 Section 4. For the purposes of the tax levied in this chapter: A. The Department of Revenue is designated as the agent of the City for the purposes of collection and administration of the tax. B. The administrative provisions contained in RCW 82.08.050 through 82.08.060 and in Chapter 82.32 RCW shall apply to administration and collection of the tax by the Department of Revenue. C. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are adopted by reference. D. The Department of Revenue is authorized to prescribe and utilize such forms and reporting procedures as the Department may deem necessary and appropriate. Section 5. It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the provisions of this chapter. Every person convicted of a violation of any provision of this chapter shall be punished by a fine in a sum not to exceed $500.00. Each day of violation shall be considered a separate offense. Section 6. Severability_. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the appl~ation thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. ORD. No. 99- , Page 3 PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, at a Regular Meeting thereof this ~ day of February, 1999. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 99- K:~qANCL:~LTAC~TAXORD. DOC ORD. No. 99- , Page 4 CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: January 22, 1999 Finance, Economic Development and Regional Affairs Committee Iwen Wang, Management Services Director Lodging Tax Committee Report Background: In the City Council budget discussion, the 1% hotel motel tax was discussed within the context of a proposed funding package. The Council established a Lodging Tax Advisory Committee to review and recommend the implementation and the use of the tax. The Committee held their first official meeting on December 11, 1998, and continued discussions at a second meeting on January 8, 1999. At this meeting a motion was passed urging City Council to implement the tax as soon as possible in order for the tax to be collected in a prompt and timely manner. The Motion further recommended that the City dedicate the lodging tax revenue for tourism-related capital facilities that would provide long-term and lasting benefits for the community. The motion was carried with a 2 to 1 vote. A minority report is attached. The following attachments are included to provide more detail regarding the discussions that took place and their rationale for the Committee's recommendation, along with a minority report. Attachments: · Draft ordinance to enact the tax (pages 4C.3 through 4C.6); Meeting summary for December 11, 1998, and draft meeting discussion summary for January 8, 1999, meeting (pages 4C.7 through 4C. 10); Minority Report from Committee Member Bernie Price (page 4C. 11); · "The Facts" of Meydenbauer Center in Bellevue (pages 4C. 12 through 4C. 14); · Federal Way lodging sales tax history and revenue projection (page 4C.14a); · The proposed use of lodging tax, memorandum from Iwen Wang to Committee dated December 30, 1998 (pages 4C. 15 through 4C. 17). FEDRA C Committee Action: The FEDRAC Committee could consider among other possibilities the following action options: 1. Forward the Lodging Tax Advisory Committee's report with recommendation to full Council to: · Implement the lodging tax immediately; Finance/Economic Development/Regional Affairs Committee Lodging Tax Committee Report January 21, 1999 Page 2 To initiate a market/feasibility of convention/performing arts facility in the downtown Federal Way; and to · Dedicate the revenues to tourism-related capital facilities that would provide long-term benefits to the community. Forward the Lodging Tax Advisory Committee's report without recommendation to full Council. Forward the Lodging Tax Advisory Committee's report with recommendation to full Council to combine both the majority and minority recommendations to: · Enact the tax immediately for collection effective March 1, 1999; · To allow the use for arts, marketing material and economic development activities in 1999/2000 to cultivate a strong client base for the expanding lodging capacity locally by attracting business and leisure travelers/visitors to the community; and · To provide funding for a market/feasibility study of convention/performing arts center in the downtown area which will be repaid from the lodging tax should the actual tax collection exceed the current projection; and · To include the proposed convention/performing arts center in the capital facility strategic plan process, and pending the positive result of the market/feasibility study, to dedicate future lodging tax revenues for such capital purposes. APPROVAL OF COMMITTEE ACTION: r- c~mmittee Chair Committee Member K:~ANCE\*~LTACREPT.DOC CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: TO: FROM: SUBJECT: January 28, 1999 Finance/Economic Development Regional Affairs Committee Londi K. Lindell, City Attorney Lodging Tax On January 26, 1999 the Finance/Economic Development/Regional Affairs Committee moved to approve the Lodging Tax Advisory Committee Report subject to the City Attorney providing legal analysis on two issues. The following identifies the issues, provides short answers and a more detailed analysis. ISSUES 1. Pursuant to RCW 67.28.180, which authorizes the City of Federal Way to impose a lodging tax, must the City elect to use the tax revenue solely for the acquisition of tourism-related capital facilities, the operation of those facilities or may the City use such tax revenue for other general promotion of tourism activities? 2. Pursuant to RCW 67.28.et seq., is the City Council's taxing authority limited to the purposes set forth in the Lodging Tax Advisory Committee's (hereinafter "Committee") report, which report constitutes the Committee's "comments" for purposes of RCW 67.18.1817'?. SHORT ANSWERS 1. The express language of RCW 67.28.1815 limits the use of the lodging tax revenues to the acquisition of tourism related facilities, the operation of those facilities or the promotion of tourism. The Legislature does not prioritize between these uses and by using the term "or" identifies each of these three separate expenditures as appropriate uses of such lodging tax revenues. 2. Only the City Council is specifically authorized to levy the lodging tax. RCW 67.28.180. While the City Council must timely submit its proposal to the Committee, it can proceed to levy the lodging tax even though the Committee has not submitted comments. RCW 67.28.1817. Additionally, the City Council is not required to submit amendments to the Committee. Id. January 28, 1999 Page 2 ANALYSIS The Legislature clearly limited the use of lodging tax revenues. RCW 67.28.1815. The statute provides: All revenue from taxes imposed under this chapter shall be .... used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities. Municipalities may, under Chapter 39.34 RCW, agree to the utilization of revenue from taxes imposed under this chapter for the purposes of funding' multi jurisdictional tourism-related facilities. RCW 67.28.1815. (Emphasis added). If the language of the statute is clear, the meaning or interpretation rests upon the terms alone. Cherry v. Municipali~. of Metropolitan Seattle, 116 Wn.2nd 794,799, 808 P.2nd 746(1991). The Courts will only resort to statutory construction when the intent is not clear from the language. Id. Statutory construction requires looking at all of the provisions of the entire statute as well as legislative history. Cherry, at 800. The terms "and" and "or" are generally interchangeable, and thus, are interpreted conjunctively. State v. Keller, 98 We.2nd 725,728, 657 P.2nd 1384 (1983). The language of RCW 67.28.1815 is not ambiguous. The tax revenues can only be used for three purposes: tourism promotion, acquisition of tourism-related facilities, operation and maintenance of tourism-related facilities. RCW 67.28.1815. The Legislature did not prioritize the purposes. Rather the Legislature enumerated the authorized uses. In other words, the City can spend the tax revenues for all or part of these three purposes. The interpretation that the Legislature did not prioritize the three purposes is further supported by the definitions of tourism promotion, acquisition, tourism-related facility and operation, which are all defined in RCW 6.27.080. Each purpose is fully defined and treated equally. This interpretation is consistent with other cities that have levied a lodging tax. For example, the City of Wenatchee proportioned its lodging tax revenues among capital (15 %), operations (35 %) and promotion (50%); the City of Kent authorized $85,000 per year for the acquisition and building of a performing arts center, $50,000 per year for tourism promotion and approximately $40,000 per year for a reserve account. The Cities of SeaTac and Tukwila are considering using the lodging tax revenues for road improvement, sidewalk access, supporting Chamber of Commerce activities, public art projects, and tourism/marketing efforts. January 28, 1999 Page 3 II. The authority to levy taxes is an extraordinary measure, and thus, is never left to implication but must be express. McQuillan, Municipal Corporations, {}44.11, pg. 43. Only the state legislative body can delegate taxing authority; municipalities cannot delegate its taxing authority. McQullian, {}44.16, pg. 62. In the matter of lodging taxes, the state Legislature is clear. The ~ of any municipality may impose an excise tax on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08 RCW... RCW 67.28.181. (Emphasis added). The Committee is charged with the responsibility to obtain public comments and to submit those public comments to the legislative body. RCW 67.28.1817. In this instance, the Committee did obtain such public comments and prepared a Majority and a Minority Report for the City Council's consideration. However; the City Council is the sole taxing authority and accordingly only the Council may impose the tax for whatever purposes it deems appropriate. CONCLUSION The City Council is authorized to levy a lodging tax provided that the proposal has been submitted to the Committee. The City Council's proposal was duly submitted to the Committee which approved the imposition of the lodging/hotel tax as soon as possible. The tax revenues can be used by the City Council in any variety or combination for the limited purposes of promoting tourism, constructing a tourism-related facility or operating/maintaining such a facility. K:LMemoLhotel.tax