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Council PKT 11-17-1998 Regular r I City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Linda Kochmar Jack Dovey Michael Park Mary Gates Phil Watkins CITY MANAGER Kenneth E. Nyberg Office of the City Clerk November 17, 1998 I. II. III. IV. V. AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 17, 1998 - 7:00 p.m. (www.ci.federal-way. wa. us) ***** CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE Boy Scout TrooD #361 a. b. c. PRESENTATION SPIRIT Award/Month of November Appreciation Plaque/Weyerhaeuser "Day of Caring" Economic Development Update CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City Council al this rime. When recognized by the Mayor, please come forward ro the podium, adjust the microphone ro proper height, and stale your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments rhtu continue roo long, relote negalively ro other individuals, or are otherwise inappropriale. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought beforefull Councilfor approval; all items will be enacted by one motion; individual items may be removed by a Councilmember for separate discussion and subsequent motion.) a. b. c. d. Minutes/November 3 1998 Re!!ular Meetin!! Countywide Plannin!! Policies Amendment City/Lakehaven A!!reement for Real Property Division Resolution/Blackberry Hill Final Plat Approval Knutzen Family Theatre/Final Accq>tance Parkin!! Lot Expansion at Dumas Bay Centre/Final Acceptance e. f. Page 1 of 4 VI. PUBLIC HEARING Weyerhaeuser Annexation/60% Petition Acceptance & Development Ae:reements for North & South Residential Areas Staff Report Citizen Comment (please limit remarks to 3 minutes) City Council Deliberation a. b. Resolution/Weyerhaeuser Annexation Petition Acceptance/North Resolution/Weyerhaeuser Annexation Petition Acceptance/South VII. INTRODUCTION ORDINANCES a. Council Bill #ZoolShoreline Management Program & Re!,!ulations AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 18 OF THE FEDERAL WAY ZONING CODE, ADOPTING SPECIFIC AMENDMENTS TO THE SHORELINE REGULATIONS AND ADOPTING A SHORELINE MASTER PROGRAM TO INCLUDE IN THE FEDERAL WAY COMPREHENSIVE PLAN AND TO REPLACE THE ADOPTED KING COUNTY ORDINANCE (TITLE 25). b. Council Bill #202/1998 Pinal Biennium Budget Adïustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1997-98 BIENNIAL BUDGET (AMENDS ORDINANCE 96-278, ORDINANCE 97-289, ORDINANCE 97-294 AND ORDINANCE 98-314). c. Council Bill #203/Prooosed 1999-2000 Biennial Budget AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 1999-2000 BIENNIAL BUDGET. d. Council Bill #Z04/Prooosed 1999 Proj>erty Tax Rate AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 1999. Page 2 of 4 I e. Council Bill #205/1998 Comprehensive Plan Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN CHAPTERS 20 AND 22 OF THE FEDERAL WAY CITY CODE, AND ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP. f. Council Bill #206/Weyerhaeuser Annexation Development Al!:reementlNorth AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE WEYERHAEUSER COMPANY AND THE FEDERAL WAY FIRE DISTRICT NO. 39. g. Council Bill #207/Weyerhaeuser Annexation Develooment A¡¡reementlSouth AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE WEYERHAEUSER COMPANY. h. Council Bill #208/Weyerhaeuser Annexation Adoption/North AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 18.94 ACRES LOCATED BETWEEN SOUTH 320TH STREET, INTERSTATES, MILITARY ROAD, AND SOUTH 3 16TH STREET. i. Council Bill #209/Weyerhaeuser Annexation Adoption/South AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 18.42 ACRES GENERALLY LYING SOUTHEAST OF NORTH LAKE, NORTH OF SR-I8, AND BETWEEN SOUTH 344TH STREET AND SOUTH 336TH STREET AT THE SOUTHERN TERMINUS OF 38TH AVENUE SOUTH. j. Council Bill #2lO/Gamblin¡¡ Tax Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 14, SECTION 14-144 REGARDING THE TAX RATE ON SOCIAL CARD GAMES (AMENDS ORDINANCES 90-15, 90-44, 96-279 AND 97-301). k. Council Bill #211/Establishin~ Lodl!:ing Tax Advisory Committee AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A LODGING TAX ADVISORY COMMITTEE. Page 3 of 4 I Vill. CITY COUNCIL BUSINESS a. b. c. City Manager Search Process ProDOsed Business License Fee Amendment Kine: County Bude:et Comments IX. CITY MANAGER REPORT x. CITY COUNCIL REPORTS XI. EXECUTIVE SESSION Collective Bare:ainine:/Pursuant to RCW 42.30. 140(4)(a) XII. ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT USTED ON THE AGENDA .. Page 4 of 4 MEETING DATE: November 17,1998 ITEM#~ ....................................................................................................................................................................................................... ............................................. CITY OF FEDERAL WAY City Council AGENDA ITEM ....~y'~~.Ç!.~..9!Y.. ç<?Il.~~~..M.~~~.~g..Mì.~!:I.~~.~................................_................................... ......... .......................... ................... .................. ...... CATEGORY: BUDGET IMPACT: l CONSENT _ORDINANCE _BUSINESS HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: $N/A .............................................................................................................................................................................. ........................ ................................. A TTACHMENTS: Minutes of November 3, 1998 Regular City Council Meeting. ....................................................................................................................................................................................... .............."""""""""""""" SUMMARYIBACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. ....................................... ...................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: N/A ................................................ ..................................................................................................................................................................... ... ~~: ~~ ~.~ ~~..~ ~~.::~~ ~ ~ ~ ~.: ..~~~~:~.~. ~~~.i:I..~:~.t:~..... ~..D..~............................... APPROVED FOR INCLUSION IN COUNCIL ~lð PACKET: t!J (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 FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 3, 1998 - 7:00 p.m. OR~f1 Minutes ***** I. CALL MEETING TO ORDER Mayor Gintz opened the regular meeting of the Federal Way City CôünêÎ¡ at 7:04 PM in the Council Chambers, City Hall, Federal Way, Washington. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar, and Phil Watkins. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, City Clerk Chris Green, and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Boy Scout Pack #313 and Webelos lIed the Pledge of Allegiance. III. PRESENTATION Diversity Commission Introduction/Certificate Councilmember Dovey presented newly appointed Diversity Commissioner Maya Kumar with her Certificate of Appointment. IV. CITIZEN COMMENT Mayor Gintz read the comments of H. David Kaplan into the record regarding fund-raising efforts for Celebration Park. $304,613.00 has been raised towards the $350,000.00 goal. Bob Roach - Invited Council and citizens to the Greater Federal Way Community Prayer Breakfast on November 7, 1998. Louise Polizzotto - expressed concerns and opposition to the proposed Kenwood annexation in relation to water management issues. Mayor Gintz had Community Development Director Greg Moore speak with Ms. Polizzotto outside the meeting. City Council Regular Meeting November 3, 1998 - Page 2 v. CONSENT AGENDA Minutes/October 20. 1998 Regular Meetine: Voucher/November 3. 1998 Monthly Financial Voucher/September 1998 BP A Trail/Phase III Desie:n Ap.proval Resolution/Setting Public Hearing on So 344th Way Street Vacation - Aooroved Resolution # 98-277 Teamsters Union Contract Aooroval Western Wireless Lease Agreement/BPA Trail/Phase I a. b. c. d. e. f. g. Councilmember Park pulled Item (a) from the consent agenda. Councilmember Watkins pulled Item (f) from the consent agenda. Council member Gates pulled Item (g) from the consent agenda. MOTION BY COUNCILMEMBER WATKINS TO APPROVE AGENDA ITEMS (b), (c), (d), AND (e). COUNCILMEMBER BURBIDGE SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Item (a) Minutes/October 20 1998 Ree:ular Meeting: Deputy Mayor Park corrected Council Reports to state he also attended the Suburban Cities Association meeting along with Councilmembers Gates, Burbidge and Kochmar. COUNCILMEMBER GATES MOVED FOR APPROVAL OF OCTOBER 20, 1998 MINUTES WITH CORRECTION TO CITY COUNCIL REPORTS SECTION. COUNCILMEMBER PARKS SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes City Council Regular Meeting November 3, 1998 - Page 3 ITEM (f). Teamsters Union Contract Auurova1: COUNCILMEMBER WATKINS MOVED TO DEFER DISCUSSION OF CONTRACT APPROVAL UNTIL THE DECEMBER 1, 1998 REGULAR COUNCIL MEETING. DEPUTY MAYOR PARK SECOND. The motion failed 5 - 2 as follows: Burbidge Gates Kochmar Watkins no no no Dovey Gintz Park no no yes COUNCILMEMBER KOCHMAR MOVED TO DISCUSS THE TEAMSTERS UNION CONTRACT IN EXECUTIVE SESSION. COUNCILMEMBER WATKINS SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes yes Dovey Gintz Park yes yes yes ITEM (Il). Western Wireless Lease Agreement/BPA Trail/Phase I: COUNCILMEMBER GATES MOVED TO APPROVE THE WESTERN WIRELESS SITE LEASE AGREEMENT, AND DIRECT THE CITY MANAGER TO ENTER INTO THE SITE LEASE AGREEMENT WITH WESTERN WIRELESS, WITH AMENDMENTS TO SECTIONS 12 (A) AND 12 (B) REGARDING INDEMNIFICATION AND WITH NEW SECTIONS 24 AND 25 REGARDING THE CITY'S ABATEMENT AND WESTERN WIRELESS' DUTY TO RELOCATE ITS FACILITIES, WHICH APPROVAL SHALL BE SUBJECT TO WESTERN WIRELESS PAYING THE CITY'S ADMINISTRATION AND LEGAL COSTS TO $4,950.00. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes City Council Regular Meeting November 3, 1998 - Page 4 VI. PUBLIC HEARING 1999-2000 Proposed Biennial Bud~et & Property Tax Rate Mayor Gintz opened the Public Hearing on the 1999-2000 Proposed Biennial Budget and Property Tax Rate at 7:23 PM. Citizen Comment Mayor Gintz read comments from Samanthia Bouchard into the record opposing the proposed 300% increase for annual business licenses. Rick Libsack, Development Manager for Quadrant - stated he supported the Economic Development Program and hoped Council would allow the program to continue. Dan Altmayer, Chamber of Commerce member - opposed the 300 % proposed increase for annual business licenses and opposed the Bi-lingual Korean Liaison position. Leona Wallace - opposed the 300% proposed increase for annual business licenses but would support the increase for first-time applicants. Scott Brown, Best Western Hotel Manager - supports the 1 % hotel/motel tax and encouraged the Council to set up an advisory board to study the issue and invest the money collected in the community. Nina Auerbuch, Executive Director Childcare Resources - stated she was pleased to hear Council is considering increasing the Human Services budget and asked that her agency be included to receive funds. Elaine Mansoor, SeaTac Mall Representative - asked for additional police and communication tower improvements and spoke in support of the 1 % hotel/motel tax. Spoke in opposition to the 300% proposed increase for annual business licenses. Linda Elling:son - asked for continuing support of the arts budget. Dale Hansen - asked for continuing support of the arts budget Patricia Day - thanked the Council and asked for continued support of the arts budget. Mary Ellen Stone. King County Sexual Assault Resource Center - read portions of victim comments into the record and asked Council to maintain funding for 1999 at the 1998 level. Joann Piquette - spoke in support of the arts budget; asked Council to consider the 1 % hotel/motel tax to reinstate the arts funding to present levels. City Council Regular Meeting November 3, 1998 - Page 5 John Baranski & Mike Matthews - spoke in support of Skate Park and stated kids should have a place to skate board legally. Ed Qpstad - spoke in opposition to the proposed 300% increase in annual business license fees. Hope Elder - stated no portion of the utility tax should be diverted from its original intent; spoke in support of the arts, and stated the City needs additional police officers but not at the expense of the utility tax. Audrey Germanis - opposed to the increase for annual business license fees but stated she would support the increase for a first-time applicant. Also stated opposition to the Korean Liaison position. Jerry Tabrum - spoke in support of the arts budget. Raymond Crouteau - spoke in support of the arts. H. David Kaplan - asked Council to support funding for parks and parks maintenance. Randy Barnette - spoke in support of Skate Park and stated that skateboarders and rollerbladers would come together to make the park work. Jerry Millet. Principal, Decatur High School - spoke in support of officers on school campuses and asked Council for continued funding. Mike St. Louis. Principal, Federal Way High School - spoke in support of officers on school campuses. Joan Tabrum - spoke in support of arts funding and supports the 1 % hotel/ motel tax if needed to keep funding for the arts at the present level. Betty Simpson - asked Council to retain present funding for the arts. Jim Hamilton - spoke in support of continuing the Economic Development Program and the 1% hotel/motel tax. Mike Ellickson - opposed the Korean Liaison and spoke in support of Skate Park stating kids need a positive place to channel their energy. Also spoke in support of the hotel/motel Tax. Maynard Camubell - spoke in support of Skate Park. City Council Regular Meeting November 3, 1998 - Page 6 COUNCILMEMBER DOVEY MOVED TO CWSE THE PUBLIC HEARING. COUNCILMEMBER GATFS SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes There being no further citizen comments, Mayor Gintz closed the public hearing at 8:20 PM. Council recessed at 8:20 PM. Council reconvened at 8:33 PM. City Council Deliberation Council elected not to begin deliberation on the budget this evening. Council discussed how they would proceed with deliberations on November 4 and 5th. It was decided that Council would look at the expense side first and then look at the revenue side. VII. CITY COUNCIL BUSINESS City Manager Search Process Councilmember Watkins stated that City Manager Kenneth Nyberg would be leaving in 1999 and Council needs to decide on how they will proceed in looking for a new City Manager. COUNCILMEMBER WATKINS MOVED TO PUT THE SEARCH PROCESS BEFORE THE FINANCE COMMITTEE AND BRING THE ISSUE BACK BEFORE THE FULL COUNCIL FOR DISCUSSION ON DECEMBER I, 1998. COUNCILMEMBER KOCHMAR SECOND. MAYOR GINTZ OFFERED A FRIENDLY AMENDMENT TO MOVE DISCUSSION TO THE NOVEMBER 17, 1998 COUNCIL MEETING. MAKER OF MOTION AND SECOND CONCURRED. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes City Council Regular Meeting November 3, 1998 - Page 7 Vlli. CITY MANAGER REPORT City Manager Ken Nyberg announced an executive session would be added to the agenda and discussion items would include Potential Litigation RCW 42.30.110(I)(i) and Collective Bargaining RCW 42.30 140(4)(a) and action is expected. Council consensus to add the Executive Session to the meeting. IX. CITY COUNCIL REPORTS Councilmember Dovey announced the next meeting of the Parks/Recreation Committee is scheduled for November 9, 1998 and he attended a meeting on Great Parks/Great Cities on October 26, 1998. Councilmember Watkins stated the Land Use/Transportation Committee met on November 2, 1998 and discussed revisions to the Comprehensive Plan. The next meeting is scheduled for November 16, 1998. Councilmember Burbidge stated she attended a Living King County 2000 Meeting with Public Works Director Cary Roe and attended a Regional Water Quality Meeting on November 4, 1998. Council member Gates stated she attended a Suburban Cities Association meeting which focused on district court and jail issues and there will be a Public Hearing on November 10, 1998 by Sound Transit at SeaTac Mall to discuss transportation issues. Councilmember Kochmar attended the Suburban Cities Legislative Agenda Meeting and the top discussion issues were endangered species, transportation and criminal services costs. Deputy Mayor Park stated the Sister Cities Association will recommend to the Finance and Economic Development Committee the City of Tonghae, Korea as the new Sister City. COUNCILMEMBER GATES MOVED TO SUSPEND THE RULES TO ALWW THE MEETING TO GO PAST 10:00 PM. COUNCILMEMBER WATKINS SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Council recessed to executive session at 9:40 PM. City Council Regular Meeting November 3, 1998 - Page 8 X. EXECUTIVE SESSION (added item) At 10:05 PM Deputy City Manager Philip Keightley announced another 15 minutes were needed; at 10:25 PM Mr. Keightley announced another 10 minutes were needed. Council reconvened the regular meeting at 10:31 PM. MAYOR GINTZ MOVED TO APPROVE CONSENT AGENDA ITEM if) - TEAMSTERS UNION CONTRAÇT. COUNCILMEMBER BURBIDGE SECOND. The motion carried 6-1 as follows: . Burbidge Gates Kochmar Watkins yes yes yes no Dovey Gintz Park yes yes yes XI. ADJOURNMENT There being no further business before the Council, Mayor Gintz adjourned the regular meeting of the Federal Way City Council at 10:31 PM. Laura Ulanowski, Deputy City Clerk ..J\I.~~!~~~..I?~.!)!;.:..~?~.~1?1.~~~..~.?!.}2~.~..............................................}~J\I.!'.I.aJ. . . . . . """""""""""""""""""""""'" CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AMENDMENTS TO THE COUNTYWIDE PLANNING POLICIES ....................................................................................................................................................................................................... ............................................................ CATEGORY: BUDGET IMPACT: -X... CONSENT - ORDINANCE BUSINESS HEARING FYI - RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................................ ATTACHMENTS: October 29, 1998 Memorandum to the Land Use/Transportation Committee with Exhibit A-- September 21, 1998 Correspondence from King County; Exhibit B -- Map Showing Proposed Change to the UGA; Exhibit C --GMPC Motion No. 98-3; Exhibit D -- King County Council Ordinance No. 13260; and Exhibit E -- July ...? ~.~.}.~.~~.~!.~~..c::..?~~.~Y..5?~.u,.~:.i~..~~.~~~.~.~P'.?'.~.................................................................................................................................... ......................... SUMMARY/BACKGROUND: The City of Federal Way has received a request from King County to review and ratifY an amendment to the Urban Growth Area and to the King County 2012 Countywide Planning Policies (KCCPP's). These amendments are minor in nature and will not directly affect Federal Way. The attached staff ...I?~1?1.(j.~~t.l~.u,I?..~.x.1'..~<I..!t.l~..~~..P.E.()1'..(j.s.~~.~~t.l~1?.1.~t.lt.s.:............................................................................................................... .................................. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/Transportation Committee reviewed the .. . E:. 9 tJ. :.s.t..~ t..ï.ts. ..~.?.Y. ~.~ ~.~. ~.?!.} 2 ~.~..1?1. :.~ t.\Il.~.. ~t.l~...Y. (j.~~.~.. ~() f? ~~ ~E ~..~. E~ :.? ~.~ 1l.~<I.. t~? t.l..? .f.. ~ 1'.. P.E?.Y. ~ .I..t(j.. ~ ~...f\iI I..~. ?.u, t.l: .iI:....... :~~~;;;:;;~2~;~~;:;=:=~~--- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # MEMO Subject: Date: Land Use Transportation Committee (LUTC) Gregory D. Moore, AICP, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner ~ Amendments to King County Countywide Planning Policies October 29,1998 To: From: I. BACKGROUND The city has received a request from King County to review and ratifY an amendment to the King County 2012 Countywide Planning Policies (KCCPP's) (Exhibit A). Generally, the amendments include the following: 1. Amend the Urban Growth Area (UGA) by classifYing 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park from Urban to Rural (Exhibit B). 2. Amend Countywide Planning Policy CO-14 to allow sewer service for public facilities in Cougar Mountain Regional Wildland Park. II. HISTORY May 27, 1998 Growth Management Planning Council (GMPC) adopted Motion 98-3 (Exhibit C) which recommends these amendments Sept 7, 1998 Per Ordinance No. 13260 (Exhibit D), the King County Council approved and ratified this amendment on behalf of the population of unincorporated King County Dec 6, 1998 Federal Way will have been deemed to have ratified the amendment unless the amendment is disapproved by legislative action III. DISCUSSION This amendment was initiated by the cities of Belle vue, Issaquah, and Newcastle who requested a change in the UGA to exclude the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park from the UGA (See attached King County Council Staff Report -- Exhibit E). Land Use Transportation Committee Page 2 October 29, 1998 1. Cou!!:ar Mountain Re!!:ional Wildland Park The UGA currently bisects Cougar Mountain Regional Wildland Park, resulting in half of the park being designated as Urban and the other half being designated as Rural. County policy dictates that any areas designated as Urban must be part of the adjacent jurisdiction's potential annexation area (PAA). The policy decision to designate a portion of Cougar Mountain Regional Wildland Park as Urban was originally made to permit the extension of a sewer line into the future Park Visitor Center. Since then, Policy F-313 of the King County Comprehensive plan has been amended to allow tightlined public sewers to be extended outside of the UGA to serve public facilities. As a result, there is no longer a need for any portion of Cougar Mountain Regional Wildland Park to be in the UGA. This amendment would also make a change to Countywide Planning Policy CO-14 to specifically allow sewer expansion to serve Cougar Mountain Regional Wildland Park. 2. Coal Creek Park Coal Creek Park is presently designated Urban. Both the cities of Belle vue and Newcastle have included Coal Creek Park in their P AA. However, this park is clearly rural in nature, and based on information received trom King County staff, neither Bellevue nor Newcastle is interested in annexing it. The amendment to exclude Coal Creek Park ITom the UGA and changing its designation ITom Urban to Rural would result in additional rural policies to protect the park. IV. RECOMMENDATION The proposed amendment does not directly affect the City of Federal Way and complies with the intent of the Growth Management Act. Staff recommends that the LUTC forward a recommendation of approval to the full city council and vote to ratify the proposed amendment to the KCCPP's. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E September 21, 1998 Correspondence from King County Map Showing Proposed Change to the UGA GMPC Motion No. 98-3 King County Council Ordinance No. 13260 July 29,1998 King County Council Staff Report 1:\KCWPPS\102998.LUC/October 29, 1998 <8 King County September21,1998 RECEIVED S£p 2 CITy C ,.. 5 1998 CITy ohfo'WR OFFICE "'LWAy The Honorable Ron Gintz Mayor, City of Federal Way 33530-lst Way South Federal Way, WA 98003-6210 Dear Mayor Gintz: Weare pleased to forward for your consideration and ratification the enclosed l!IIlendment to the King County 2012 Countywide Planning Policies. The Growth Management Planning Council (GMPC) met on May 27, 1998 and approved Motion 98-3 which recommends an amendment to the Urban Growth Area by reclassifying 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park from urban to rural. The motion also recommends an amendment to Countywide Planning Policy CO-14 to allow sewer service for public facilities in Cougar Mountain Regional Wildland Park. On September 7th, the King County Council approved and ratified tills amendment on behalf of the population of unincorporated King County. A copy of King County Ordinance 13260 is enclosed to assist you in your review of this amendment, along with a council staff report. As you know, amendments to the Countywide Planning Policies become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the Intedocal agreement. A city will be deemed to have ratified the Countywide Planning Policy unless, within 90 days of adoption by King County, the city by legislative action disapproves the Countywide Planning Policy. Please be aware that the 90-day deadline in this instance is December 6, 1998. If you have any questions about this amendment or the ratification process, please feel free to contact Kamuron Gurol, Senior Policy Analyst for the Office of Budget and Strategic Planning, at (206) 205-0705, or Laurie Smith, Legislative Analyst, for the Metropolitan King County Council, at (206) 296-0352. EXHIBIT A PAGE-LOF 2 The Honorable Ron Gintz September 21,1998 Page 2 If you adopt any legislation relative to this action, please submit one certified copy to Kamuron Gurol, Senior Policy Analyst with the King County Office of Budget and Strategic Planning, 516 3rd Avenue, Room 420, Seattle, WA 98104 by close of business, December 31, 1998. Ifno action is taken, please submit a letter to the above address stating the same. Thank you for your prompt attention to this matter. .,..---... S ~ Y , ~.~d& King County Council ~ King County Executive Enclosure: King County Ordinance 13260 with attachments. cc: Laurie Smith, Legislative Analyst, Metropolitan King County Council Ethan Raup, Director, Office of Regional Policy and Planning Kamuron Gurol, Policy Analyst, Office of Budget and Strategic Planning EXHIBIT A PAGE-LOF 2 " ~I ¡ Attachment 1 to Motion 98-3 I T I ! - ~ 1001'1 Ilch"n -en" 'r~'-~~ - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 04/22/98 EXHIBB1r C PAGE_J_OF Z 13260 Sponsored By: Suburban City Caucus em/ro MOTION NO. 98-3 2 3 4 5 6 A MOTION by the Growth Management Planning Council of King County amending the Urban Growth Area to exclude unincorporated portions of Cougar Mountain Regional Wildland Park, Coal Creek [County] Park, and county- owned land. WHEREAS, the Washington State Growth Management Act, RCW 36.70A.II0 requires counties to designate an urban growth area or areas within which urban growth shall be - encouraged and outside of which growth can occur only if it is not urban: in nature; and WHEREAS, the Countywide Planning Policies, adopted in 1992 and amended in 1994, designate urban growth areas and further permit the designation of additional rural areas - through the adoption of a land use map authorized by the Growth Management Planning Council; and WHEREAS, the cities of Belle vue, Issaquah, and Newcastle, along with King County, petitioned the Growth Management Planning Council to amend the Urb'!ll Growth Area, designating as rural 1,346 acres of the unincorporated portions of Cougar Mountain R¿gional Wildland Park, Coal Creek [County] Park and certain county-owned land in order to truly reflect long term use and community desires for the two parks' role in the region's park system; and . . -... - ... . . WHEREAS, a rural designation of these areas meets two Countywide Planning Policies criteria for additional rural lands designation, namely, LU-23(b) the rural designation serves as a buffer for designated resource lands or sensitive areas, and LU-23(f) the area has outstanding scenic, historic, and/or aesthetic value that can best be protected by rural land uses and densities; and WHEREAS, it is the intent of this motion to not increase the allocation of the acreage of rural lands included in either the 4: I program as specified in Countywide Planning Policy FW-l (step 7) or technical changes as specified in policy FW-I (step 8c); and Ugmpci9Sgmpc'mo!98-J doc - 1 - I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 EXHIBQ1 ~ PAGE-.1..0F 2. 132ßO ~ WHEREAS, the cities and King County intend a sewer line to service the future Visitor Center envisioned by the Cougår Mountain Regional Wildland Park Master Plan, such line being appropriate under general policies guiding contiguous and orderly development for ma.ximum cost-effective service provisions and extensions. THE GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY HEREBY MOVES AS FOLLOWS: I) Amend the Urban Growth Area to exclude 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Park, Coal Creek [County] Park, and county-owned land, as shown on Attachment L 2) A..-nend Countywide Planning Policy CO-14 to read: Sewer expansion shall not occur in Rural Areas and resource lands except where needed to address specific health and safety problems threatening structures peI1Ilitted before July I, 1992 or the needs of public facilities such as schools and Cougar Mountain Regional Wildland Park. Sewers may be extended o~ly if they are tightlined and only after a finding is made that no alternative technologies are feasible. Mechanisms to reduce cost and limit the number ofindividuai hookups shall be explored and actions recommended to the Growth Management Planning Council. ADOPTED by the Growth Management Planning Council of King County the 27th day of May, 1998 and signed by the members of the GMPCKC Executive Committee in open session in authentication of its ado f . s 15th d of June, 1998. Ron Sims, C air, Growth Management Planning Council 2/L--- . . Sue DQ¡¡~IQ~oB, City ofSeattie Representative \1(;,l._J C,^' ¡,-./ /J . , jf «lØz d{;- Bo Edwards, Suburban Cities Representative Attachments: Map of Urban Boundary Line Adjustment Ugmpc/98gmpdmol98-Jdoc - 2 - 10 11 12 13 14 15 16 17 18 19 20 7/23/98 7/29/98 HPPC EXHIBMr ~ PAGE-L_OF -4- Introduced By: Cynthia Sullivan kg/lcs Proposed No.: 98-480 ORDINANCE NO. 13260 2 3 4 5 6 AN ORDINANCE adopting an amendment to the Countywide Planning Policies pursuant to RCW 36. 70A.2l 0; ratifying the amended Countywide Planning Policies for unincorporated King County; ÌUñending Ordinance 10450, Sections 3 and 4, as amended, and K.C.C. 20.10.030 and K.C.C. 20.10.040. B'E IT ORDAINED BY THE COUNCIL OF KING COUNTY: 7 8 SECTION 1. FINDINGS. The council makes the following fmdings. 9 A. The metropolitan King County council adopted and ratified the GMPC recommended King County 2012 - Countywide Planning Policies (Phase I) in July, 1992, pursuant to Ordinance 10450. B. The metropolitan King County council adopted and ratified the Phase II amendments to the Countywide Planning Policies on August 15, 1994 pursuant to Ordinance 11446. C. The GMPC met on May 27, 1998 and voted to pass an amendment to the King County 2012 - Countywide Planning Policies [5/25/94], Policy CO-14 to allow sewer expansion into Cougar Mountain Regional Wildland Park. D. The GMPC met on May 27, 1998 and voted to amend the urban growth area by reclassifying 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park, from urban to rural. - 1 - 10 11 12 13 14 15 16 17 18 19 20 21 22 13260 , SECTION 2. Ordinance 10450, Section 3, as àmended, and K.c.C. 20.10:fnO are -' 2 each hereby amended to read as follows: 3 A. The Phase II Amendments to the King County 2012'- Countywide Planning 4 Policies attached to Ordinance 11446 are hereby approved and adopted. 5 B. The Phase II Amendments to the 'King County 2012 - Countywide Planning 6 Policies are amended, as shown by Attachment I to Ordinance 12027. 7 C. The Phase II Amendments to the King County 2012 - Countywide Planning 8 Policies are amended, as shown by Attachment I to Ordinance 12421. 9 D. The Phase II Amendments to the King County 2012 - Countywide Planning , Policies are amended, as shown by Attachments I arid 2 to this Ordinance. SECTION 3. Ordinance 10450, Section 4, as amended, and K.C.C. 20.10.040-are , '=- each hereby amended to read as follows: Ratification for unincorporated King County. A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes specified are hereby'ratified on behalf of the population of unincorporated King County. B. The amendments to the Countywide Planning Policies adopted by Ordinance 10840 are hereby ratified on behalf of the population of unincorporated [(jng County, C. The amendments to the Countywide Plarrning Policies adopted by Ordinance 11061 are hereby ratified on behalf of the population of unincorporated King County. D. The Phase II amendments to the King County 2012 Countywide Planning Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of unincorporated King County, EXHIBIT J - ~~GE~OF 1t-- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 13260~ 2 E. The amendments to the King County 2012 - Countywide Plannin, Policies, as shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalfofthe population of unincorporated King County. 4 F. The amendments to the King County 2012 - Countywide Planning Policies, as 5 shown by Attachment 1 to Ordinance 1242C are hereby ratified on behalf of the population 6 of unincorporated King County. 7 8 EXHIBI1-.J) PAGE30F -.I#-- - 3 - 10 11 12 13 14 15 16 17 18 19 13260- G. The amendments to the King County 2012 - Countywide Planning Policies, as 2 shown by Attachments 1 and 2 to this Ordinance, are hereby ratified on behalf of the 3 population of unincorporated King County. 4 INTRODUCED AND READ for the first time this c2 717-day of 5 ~ ,l99ð. d:;k,. r PASSED by a vote of ~ t°../.L this L- day of----.Je pie /h.}¡ -('.e.. 6 7 19~ 8 9 KING COUNTY COUNCIL &1ZHmGTON 'Ilea Chair ATTEST: Z~uncil APPROVED this -J:- day of Attachment -1:- Growth Management Planning-Counëil Motion 98-3, dated 4/22/98, with attachments- EXHI8~lr~ PAGE~OF A- - 4 - OCT 29 '98 12:43PM KING COUNTY COUNCIL 206 296-0159 KING COUNTY COUNCIL P.2/4 EXH!B~y--E PAGE___LC:?F~' ' Metropolitan King County Council - Housing and Policy Planning Committee Staff Jùporl (!) Agenda Item No.: 3 Proposed Ordinance: 98-480 Name: Date: Laurie Snùth July 29, 1998 sUBJECT: An Ordinance adopting an amendment to the Countywide Planning Policies pursuant to RCW 36. 70A.21 0; ratifYing tlæ amended Countywide Planning Policies for unincorporaœd King County; amcnding Ordinance 10450, Sections 3 and 4, as amended, and K.C.C- 20.10.030 andK.C.C: 20.10.040. BACKGROUND: The Urban Growth Area. (UGA) Boundary currently bisects Cougar Mountain Regional Wildland Park, rendering it halfurban, half rural. This policy decision was made during'the initial adoption of the UGA to permit the> extension ora sewer line into the future> Park Visitor Center. On April 22, 1998 the> Cities ofBelle>vue, Issaquah and Newcastle, reque>sted that the Growth Management Planning Council (GMPC) consider a change in the UGA boundary to c:xclude the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park. After the initial adoption of the King County Comprehensive Plan in 1994, Policy F-313 was amended to allow tightlined public sewers to be extended outside the UGA to serve public faciljties. As a. result, there is no longer a need for Cougar Mountain Park to be included in the> UGA. The change also reflccts the Rural nature of these parks, and adds the stmlgth of the CoUnty's Rural Area policies to the me>asures in place for their protection. The half-urban statUs of Cougar Mountain park creates a potenti~ impression in thc surrounding communities that the parkland may b.e urbanized. Additionally, County policy dic:tates that if any portion of the area were to remain urban, even as an Urban Separator, an adjacent jurisdiction would need to place it in their Potential Annexation Area (P AA). The cities of Bellcvue and Ncwcastle have both included Coal Cre>e>k Park in their P Ms. Designating the park rural resolves that issue, and clearly cotnmunicates the future usc of the park. The GMPC met on May 27, 1998 and voted to pass an amendment to the King County 2012 - Countywide> Planning Policies [5125/94], Policy CO-I 4 to allow se>wer expansion into Cougar Mountain Re>gional Wildland Park. At that same mee>ting, the> GMPC voted to amend the> urban growth area by reclassifYing 1,346 acres of the> unincorporated portions of Cougar Mountain Regional Wildland Parle and Coal Creek Park, from urban to rural. In order for the amendment to become policy, it must be adopte>d by King County and ratified by the citie>s, SUMMARY: ' Proposed Ordinance 98-480 would adopt an amendment to Countywicle}'lanning Policy Co-14 to allow sewer . expansion into Cougar Mowrtain Regional Wildland Park, and reclassify the unincorporate>d portions of Cougar Mountain and Coal Cre>ek Parks from Urban to Rural. The ordinance also ratifies the amendment on behalf of the> citizens of unincoporated King countY. Amendments to the Countywide Pla.nning Policies become effective whe>n ratified by ordinance or resolution by B1 least 30% of the city and county governments represe>nting 70% of the> population of King County according to the Interlocal agreement. A city shall bè deemed to bave ratifie>d the countywide planning policy unless, within 90 days of adoption by King CountY, they citY by legislative action disapproves the countywidc planning policy, Rc"""..¡.....pp9S\w1úc¡>orts9S\98-tSO cepp Am'od,,""'" CcuSU),doc 10129191 11~1 AM OCT 29 '98 12:44PM KING COUNTY COUNCIL 206 296-0159 KING COUNTY COUNCIL' P.3/4 :, ~~nd~~Dt~l:¡:or:i'Cc.~:~7i~ tb.~:,Qt?~:.~emCIi~ l:'~g'Co~iJ;took 1l~tj:9I! ,ön'¥?ti~.'9~7~' ,;~e.:. ", ,::. 'i:d~tidJ!OO'sþ.åúl¡¡içÌid~~Z7;:199,8.:U: ,"',"",,: '::,' "..,: ,;' ,""',,L', ',':",', ';: ':"":;':.~",::.t POLICY DIRECTION: Growth Management Act; RCW 36.70A.O70 (5) Comprehenaive Plana - Mandatory e>lements. ...(5) Rural eleme>nt. Counties shal1 include a'rural element including lands that are not designated for urban growth, agriculture, forest or. mineral resources. The following provisions shall apply to the rural element-.. RCW 36.70A.1l0 Comprehensive Plans - Urban Growth Areas. (I) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encourage>d and outside> of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area.. M urban growth w;ea may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is designated a ne>w fully contained community as define>d by RCW 36.70A350... Countywide Planning Policies FW-l (Step 9) Amendments to the CountyWide Planning Policies may be dcve>loped by the> Growth Management Planning Council or its succ~ssor, or by the Me>tropolitan King County Council, as provide>d in this policy. Amendments to the CountyWide Planning Policies, not including amendments to the Urban Growth Area pursuant , to Step 7 and 8 band c above, shall be subjecttoratification by at least 30 percent of the city and County governments representing 70 percent of the population of King County. Adoption and ratification of this policy shall constitute an amendment to the May 27, 1992 interlocal agrecmcnt among King County, the City of Seattle, and the suburban cities and towns in King County for the Growth Management Planning Council of King Co\llty. LU- 7 Designated Rural Areas are considered to be pennanent and shall not be redesignated to an Urban Grlwth Area until reviewed pursuant to the Growth Management Act (RCW 36.70A.130 (3» and policy FW-l. Future growth should be accommodated to thc maximum extent feasible by efficient use of existing urban land within the Urban Growth Area. Anne>xation ofRura1 Areas to cities shall be prohibited. When the> annexation of Rural Areas is necessary to link tWo Urban Areas, that intel:Vcning Rural Nea shall be> designated as permane>nt urban separator at low rural densities. LU-IO The Rural Area shall have low densities which can be sustained by minimal infrastructure improvements, such as septic systems and rural roads. King County, cities adjacent to Rural Areas, and other agencies providing services to Rural Areas, shall adopt standards for facilities and servicc>s in Rural Areas that protect basic public health and safety, and enhance the environmcmt, but urban facilitic::s and servicc>s should not be provided to Rural Areas. Utilities, roads and other infrastrUcture improvements may only be extended through Rural Areas to serve existing Urban Areas. LU-23 Rural Areas designated by King County shall remain rural. Additional Rural Areas shall be designated by King County through adoption of a land use map authorized by the Growth Management Planning Council. These additional areas must mc:et at Icast one of the> following criteria: a) Opportunities exist for small-scale farming and forestI)' which do not qualify for re>source land designation; h) The rural designation serves as a buffer for designated resource lands or sensitive areas; c) Significant e>nvironmental constraints malœ the area generally unsuitable for intensive> urban development; d) Major physical barriers exist to providing urban services at reasonable cost; e) The area is contiguoUS to other designated Rural Areas, resource areas or sensitive> areas; f) The area has outstanding scenic, historie, and/or aesthetic value that can best be protected by rura\ land uses and densities; and ",1cœuni~,\"""<¡>o<a'E\9"'80(CPP",,,"d"""'-Coo"'~doc 1011"" 1¡,31 AM EXHIB~T J PAG E-L OF -5-- OCT 29 '98 12: 44PM KING COUNTY COUNCIL 2Ø6 296-0159 KING COUNl"Y COUNCIL P.4/4 g) The area has limited public services, extension of full seI"VÍCC>s is not planned, and infill at higher densities is not feasible or necessary to meet regional needs. King County Comprehensive Plan F-313 Public sewe>r expansions shall not occur in the Rural Area and on Natural RcsOUICe Lands except where needed to address specific health and safety problems threatening tl¡.e> existing usc>s of structure>s permitted before the efIectivc date of this Plan or the needs of public facilities such as schools. Public sewers may be extended, pursuant to this policy, only if they are tightlined and only after a finding is made that no reasonable alternative> technologies are tcchnologically or economically feasible>. Public sewers which are> allowed in the Rural Area pursuant to this policy sball not be used to convert Rural Area land to urban uses and densities or to expand pennitted non-residential uses. ATTACHMENTS: 1. Amendment #1 to Proposed Ordinance 98-480, dated July 23, 1998 2. Proposed Ordinance 98-480, with attachmentS EXHIBIT -.E PAGE-L OF -3-- R,\commi.""."..~8\9""'O (CPP Amondm"'>t - Cou&A').doc ¡.nom 11:37,\M MEETING DATE: November 17, 1998 ITEM# -=e=-C C!- ) ...................... ................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AGREEMENT WITH LAKEHA VEN UTILITY DISTRICT FOR DNISION OF FRENCH LAKE REAL PROPERTY ................................ ........................................................................................................ ......................... CATEGORY: BUDGET IMPACT: ..xCONSENT _RESOLUTION _ORDINANCE _STAFF REPORT _BUSINESS _PROCLAMATION _HEARING _STUDY SESSION FYI _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .......................... .................................................................................................... A TT ACHMENTS: Agreement for Division of Real Property SUMMARY/BACKGROUND: The City, Lakehaven Utility District and the Fire District acquired certain real property located at 31531 1st Avenue South, Federal Way, Washington ("Property"), previously known as Golfun, pursuant to an Agreement for Joint Ownership of the Property dated January 15, 1991 ("Purchase Agreement"). Under the Purchase Agreement, the City acquired an undivided Y, interest in the Property and made this portion of the Property available to the public as French Lake Park. Under the Purchase Agreement, the parties were to enter into a subsequent agreement providing for the division and allocation of the real property among the parties. Lakehaven subsequently purchased the Fire District's interest and currently has an undivided Y2 interest in the property. The attached Agreement for Division of Real Property ("Division Agreement') proposes to divide the site into 2 separate parcels of 4.68 acres with the City retaining the easterly portion currently developed as a park located along First Avenue South, as more particularly shown in the drawing attached as Exhibit "B" to the Division Agreement. The Division Agreement further provides that the parties shall share the use of the existing access from First Avenue South and the existing parking lot (Lakehaven's use shall be limited to access and parking necessitated to utilize the existing modular building and not for future connections to any adjacent property). The parties have agreed to share the cost of maintenance and repair to the First Avenue South access road and the parking lot as long as Lakehaven continues to need the use of these facilities associated with the modular building. The Division Agreement also provides for the reservation of an access right of way along the northern portion of the City's parcel for the benefit of a subsequent owner to the Lakehaven parcel if such subsequent owner determines that developing this right of way is preferable to utilizing the existing access from the Lakehaven site along 2nd Avenue South. The division of the Property will be by Boundary Line Adjustment with the parties jointly sharing the cost of such application, review and approval. Upon execution of the Division Agreement, reciprocal statutory warranty deeds will be recorded to finalize the division. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A m ÇI!.Y .l\:I::\~::\ ~ I!:~ ~ ç.<J. ~~~ ~~ ::\ !. ~ <J. ~. : ::\ II ~~() Ii.,,¡:.. 9.0/ r:1~ ~ ~ ~ ~. t.() ¡:~ t¡:r..i Il.t().~ ~ pi :<.i ~ i.() ~ ~ ~ ~ ~m APPROVED FOR INCLUSION IN COUNCIL PACKET: (]}¿.If) (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACfION: _APPROVED _DENIED _TABLED/DEFERRED/NO ACfION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\agenditem\f"nchlklud DRAFT /1-/Z-9g AGREEMENT FOR DIVISION OF REAL PROPERTY THIS AGREEMENT FOR DIVISION OF REAL PROPERTY ("Agreement) entered into this - day of , 1998, by and between the Lakehaven Utility District, a municipal corporation of the State of Washington, King County ("Lakehaven") and the City of Federal Way, a municipal corporation of the State of Washington, King County ("City") WHEREAS, the City and Lakehaven are municipal corporations providing public services pursuant to state law within their respective boundaries; and WHEREAS, in 1991, the parties and King County Fire District No. 39, jointly purchased a parcel of real property, as described herein, located at 31531 1" Avenue South, Federal Way, Washington ("Property"); and WHEREAS, Lakehaven has since purchased the interest of King County Fire District No. 39 and the parties presently each own an undivided one-half interest in the Property; and WHEREAS, the parties have investigated the division and separation ofthe Property into - parcels to be independently owned by the parties; and WHEREAS, having concluded that such division under tel1nS and conditions as set forth herein would be mutually beneficial; NOW, THEREFORE, be it agreed as follows: 1. Propertv Designation. The real property located at 31531 1" Avenue South, Federal Way, Washington, and legally described in Exhibit "A" attached hereto and incorporated herein by this reference, shall hereafter be referred to as the "Property". 2. Division ofProoertv. It is hereby agreed that the Property shall be divided between the City and Lakehaven such that each party shall thereafter retain, free and clear of any interest of the other party, the fee interest in a distinct and separate parcel of real property equaling approximately 4.68 acres. The division shall be generally as configured in the drawing set forth in Exhibit "B", attached hereto and incorporated herein by reference, with Lakehaven retaining the westerly parcel and improvements thereon and the City retaining the easterly parcel and improvements thereon. The actual description of such parcels shall be as legally described in Exhibit "C", attached hereto and incorporated herein by reference. Transfer of the parties respective interests in the Property to be retained by the other shall be by statutory warranty deed in form and content acceptable to each party's attorney. Upon the recordation of the respective deeds, the parties right to use and occupy the entire Property shall, except as provided in paragraphs three and four below, terminate. 3. Reservation of Access to 1St Avenue South. The parties hereby agree that upon division ofthe Property, a right of way shall be reserved over and across the northern portion of the easterly parcel, to provide, under conditions described below, permanent right of way and access to 1St Avenue South for the benefit of the easterly parcel, or component parcels thereof, and suitable for the full development and uses thereof. This reservation of access and right of way to 1" Avenue South shall not exist for benefit of Lakehaven during its period of ownership of the westerly parcel and shall attach only to the interest held in the westerly parcel by a subsequent owner. The right to utilize the access and right of way by a subsequent owner shall be conditioned upon such owner determining, at its sole and reasonable discretion, that such access in such form and location is preferred over any other access location which might be available to provide access trom the easterly parcel to developed rights of way. The reservation of such access as described herein shall be expressed in the deeds to the respective parcels to be granted pursuant to paragraph two (2) above. 4. Shared Use and Maintenance of Parking Lot and Drivewav. It is further agreed that each party shall have, and such is hereby reserved, the use ofthe portion of the parcel retained by the other upon which currently are located parking improvements, as and for public parking. Additionally, the City shall grant to Lakehaven and the public, for benefit of access to the building/meeting facility currently located on the portion of the Property to be retained by Lakehaven, the additional use of the driveway which currently provides access to the parking improvements. This reservation shall be personal to Lakehaven and Lakehaven shall not be authorized to transfer, conveyor assign this right to any third party. The parties agree that for so long as the access road and parking lot are shared, the cost of maintenance and repair of same shall be borne evenly and the parties agree to cooperate in the execution of a separate agreement to provide for such. 5. Easements. Each party hereby agrees to convey to the other, upon division of the Property, reciprocal interest to the rights and obligations of all easements currently located on the Property. 6. Boundarv Line Adjustment. In order to facilitate the division of the Property pursuant to the above tenus, the parties will jointly apply for a Boundary Line Adjustment of the Property with the City of Federal Way and diligently prosecute the same to completion. The costs of such, including costs or'surveying and development oflega! descriptions, shall be borne equally. 7. Cooperation. The parties agree to use good faith and cooperate in all manners necessary to complete the property division contemplated herein. 8. Waiver. Partial waiver or waiver by acquiescence by either party of any tenn ofthis agreement shall not constitute a waiver of any other provision or condition of this Agreement. 9. Attorneys Fees. Upon execution of this Agreement, the parties agree that in the event either party is required to bring legal proceedings to enforce any tenn of this agreement, that each party shall bear its own attorneys fees and costs, including those incurred on appeal ATTEST: City of Federal Way Lakehaven Utility District By By Its General Manager Its Date: Date: State of Washington County of King I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signature Seal Title My appointment expires State of Washington County of King I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signature Seal Title My appointment expires EXHIBIT "A" The southeast quarter of the northeast quarter of the southeast quarter of Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion thereof conveyed to King County by deed recorded under Recording Number 5345298, for right of way for 1 st Avenue South. S 88'53'0'" E 381.92' 276:"477" -r- - ~4ï:92;-- I I I LAKEHAVEN UTILITY DIST. wi ~ I _~I::> ¡:';I~ ort z C::j I I I I w: r1 ~I~ (\ \J z, u cg EXHIBIT DATE 11~11~98 ACAD No. 1464-5RV PARCEL B 4.68 ACRES PARCEL A CITY OF FEDERAL WAY 4.68 ACRES ~ 364.81 ' N 88'48'0'" W ~ B 3. 0' 293.60' POINT OF BEGINNING w I ~~ ~ ~~ U) ~"' <D 0 Z EARTH@T 720 S. 333 St., Ste. 200 Fedeco' Way, WA 98003 253 838-6202 40' I I w 40' E ¡ I N.T.S. " v; w co z w > « :;i -< U c H EXHIBIT "C-I" PARCEL A LEGAL DESCRIPTION FOR CITY OF FEDERAL WAY PARCEL THAT PORTION OF TIffi SOUTIffiAST QUARTER OF TIffi NORTIffiAST QUARTER OF TIffi SOUTIffiAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNTNG AT TIffi SOUTIffiAST CORNER OF SAID SOUTIffiAST QUARTER OF TIffi NORTIffiAST QUARTER OF TIffi SOUTIffiAST QUARTER OF SAID SECTION 7; TIffiNCE NOR1H 88°48'01" WEST ALONG TIffi SOUTII LINE OF SAID SUBDIVISION, 293.60 FEET; TIffiNCE NOR1H 01°04'36" EAST, 150.78 FEET; TIffiNCE NOR1H 89°47'11" EAST, 10.76 FEET; TIffiNCE NOR1H 01°04'36" EAST, 84.58 FEET, TIffiNCE NOR1H 89°57'04" WEST, 99.09 FEET; TIffiNCE NOR1H 01 °04 '36" EAST, 425.13 FEET TO TIffi NOR1H LINE OF SAID SUBDIVISION; TIffiNCE SOUTII 88°53'01" EAST ALONG SAID NOR1H LINE, 381.92 FEET TO TIffi EAST LINE OF SAID SUBDIVISION; TIffiNCE SOUTII 01°04'36" WEST ALONG SAID EAST LINE, 659.32 FEET TO TIffi POINT OF BEGINNTNG. EXCEPT THAT PORTION TIffiREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 5345298 FOR RIGHf OF WAY FOR 1ST AVENUE SOUTII. CONTAINING 4.68 ACRES EXHIBIT "C-Z" PARCEL B LEGAL DESCRIPTION FOR LAKEHA YEN UTILITY DISTRICT PARCEL THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASlllNGTON: EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 88°48'01" WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION, 293.60 FEET; THENCE NORTH 01°04'36" EAST, 150.78 FEET; THENCE NORTH 89°47'11" EAST, 10.76 FEET; THENCE NORTH 01°04'36" EAST, 84.58 FEET, THENCE NORTH 89°57'04" WEST, 99.09 FEET; THENCE NORTH 01°04'36" EAST, 425.13 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE SOUTH 88°53 '0 I" EAST ALONG SAID NORTH LINE, 381.92 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH 01 °04'36" WEST ALONG SAID EAST LINE, 659.32 FEET TO THE POINT OF BEGINNING. CONTAINING 4.68 ACRES MEETING DATE: November 17, 1998 ITEM# ~ &,() .................,................... ....................-..... ........................ .......................... CITY OF FEDERAL WAY City Council AGENDA ITEM .. ~Y..~J.¥ç.I.:..~"1l. ~.Ií..~.~J::ryJljll ¥ ~ ~ Il."'~ ~Il.. ~~..~y~ ?~~999~... CATEGORY: BUDGET IMPACT: ..x. CONSENT _ORDINANCE _BUSINESS - HEARING -FYI ..x. RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ none Expenditure Amt: $ none Contingency Reqd: $ none ......................... ATTACHMENTS: (1) October 28, 1998 City Council/ Land Use Transportation Committee memo which includes as Exhibit A the October 28, 1998 Staff Report to the City Council; and the draft Resolution as Exhibit AI. .................................,......................................,..,... SUMMARYIBACKGROUND: The applicant has submitted a request for a final plat approval for Blackbeny Hill, an II lot single family cluster subdivision on 2.34 acres. The preliminary plat was originally approved by the Federal Way City Council on September 6, 1994. The City Council Land Use/Transportation Committee (LUTe) reviewed the final plat request at their ...~~.v.~~r..?!..I.!19.~..~g:.............................................. .......................................... CITY COUNCIL COMMITIEE RECOMMENDATION: Recommend approval of SUB98-0002, the [mal plat of ...13.11lC..~~~r:ry.I:J:ill:.. ~::::: :==:~: ~::~::~: ~~o=~::::~~:f ~ ~ ~~:gQ~? ,~~f~~~p.l~t f)jJ¡~1ZiIL (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # tlCOVERCC-5114196 DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF BLACKBERRY HILL, FEDERAL WAY FILE NO. SUB 98-0002. WHEREAS, the preliminary plat for Blackberry hill, City of Federal Way File No; SUB 92-0004 was approved on September 6, 1994, by Federal Way Resolution No. 94-182; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 94-182 and in the August 12, 1996, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant has submitted the application for final plat for Blackberry Hill 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 confonnance to the conditions of the preliminary plat and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the Staff Report dated October 28, 1998; and WHEREAS, the Land Use and Transportation Council Committee considered the application for final plat of Blackberry Hill at its November 2, 1998 meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Blackberry Hill prior to and during the Council's November 17,1998 meeting; Res. #_, Page I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL VES AS FOLLOWS: Section I. Findings of Fact. Conditions and Conclusions. l. The final plat for Blackberry Hill, City of Federal Way File No SOB98-0002 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 the substantially complete application. 2. Based on, inter alia, the analysis and conclusions in the Staff Report, 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 schoolgrounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 94-182 and the conditions in the August 12, 1996, 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 22-133. 5. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted, or will be accepted, prior to recording by the City of Federal Way as financial guaranty for maintenance of all required plat improvements. Res. #_, Page 2 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 I above, the final plat of Blackberry Hill, City of Federal Way File No SUB98-0002 is approved, subject to satisfaction of the maintenance conditions that are required by the city. 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. Severabilitv. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this - day of ,1998. CITY OF FEDERAL WAY MA YOR, RONALD GINTZ Res. #_, Page 3 " ATTEST: 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. ~Icd\o""na\blackbe,.<c, Res. #_, Page 4 DATE: To: FROM: FEDERAL WAY MEMORANDUM October 28, 1998 City Council Land Useffransportation Committee Councilmember Phil Watkins, Chair Gregory Moore, AICP, Director of Community Development service~ CONTACT: Deb Barker, Associate Planner RE: Final Plat of Blackberry Hill - Federal Way File No. SUB98-0002 I. II. III. SUMMARY OF APPLICATION Final plat approval of the plat of Blackberry Hill, a cluster subdivision of II single family lots on 2.34 acres. The preliminary plat was originally approved by the Federal Way City Council on September 6, 1994, as an II lot cluster subdivision. The Plat of Blackberry Hill is located at 3rd Court SW, north of South 312th Street in Federal Way. Federal Way zoning for the site at the time of application was Residential Single Family (RS- 7.2). Cluster subdivisions are allowed in single family residential zoning districts to promote open space and protect natural features. REASON FOR COUNCIL ACTION The final decision for all final plats rest with the City Council in accordance with Federal Way City Code (FWCC) Section 20-136(b). Bringing this matter before the City Council Land Use/Transportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the city. STAFF RECOMMENDATION City of Federal Way staff has reviewed the final plat of Blackberry Hill for compliance with SEP A 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 council. V. IV. PROCEDURAL SUMMARY September 6, 1994 November 25, 1997 July 29,1998 October 20, 1998 November 2, 1998 November 17, 1998 Preliminary plat approval granted by Federal Way City Council. Engineering approval granted. Final plat application submitted. Final plat application determined complete. City Council Land Use Committee meeting. Land Use Committee forwards a recommendation to the full City Council. City Council meeting. Pursuant to Section 20-136 of Federal Way City Code, the City Council shall consider the application at a public meeting. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-136(b), are met. Findings contained in the staff report to the City Council and by reference in the draft resolution indicate that the application is consistent with these criteria. ',""bd;v;,'bl"kbryllood",.mmo -1- DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR FINAL PLAT APPROVAL BLACKBERRY HILL Federal Way File No. SUB98-0002 Related Files Numbers: SUB92-0004, SEP92-0008, SEP92-0012, UPR92-0009, and UPR95-0033 I. INTRODUCTION Date: October 28, 1998 Request: Request for final plat approval for Blackberry Hill. Description: Blackberry Hill is a cluster subdivision of II single family lots on 2.34 acres. The preliminary plat was originally approved by the Federal Way City Council on September 6, 1994, per Resolution 94-182 (Exhibit A) as an II lot cluster subdivision (Exhibit B). Federal Way zoning for the site at the time of application was Residential Single Family (RS-7.2). Cluster subdivisions are allowed in single family residential zoning districts to promote open space and protect natural features. Lot sizes on the final plat (Exhibit C) range from 2,899 square feet (Lot 2) to 12,180 square feet (Lot I), with an average lot size of 4,672 square feet. A 37,584 square foot wooded open space tract is north of the clustered lots. Access for lots 2 through II is via 3rd Court SW. Lot I is accessed from South 312th Street. All roads and sidewalks within the proposed subdivision have been constructed, storm drainage facilities have been installed, and water and sewer lines are in. Owner: Jan-Wes Homes, Inc. 22030 7th Avenue South, Suite 204 Des Moines, W A 98198-6219 (206) 824-9990 EXHIBIT ~ . PAGEL OF ---JtL Staff Report - Final Plat Report Blackben-y Hill Page 2 Engineer: Location: Sewage Disposal: Water Supply: Len Gantz Surveying and Engineering 3721 South 352nd Street Auburn, WA 98001 (253) 874-0158 Located north of South 312th Street between 1st Avenue South and 4th Avenue in Section 8, Township 21 North, Range 4 East, WM, King County (Exhibit D). Lakehaven Utility District. Lakehaven Utility District Fire District: Federal Way Fire Department School District: No. 210 - Federal Way Report Prepared By: Deb Barker, Associate Planner II. HISTORY AND BACKGROUND A draft resolution of the City of Federal Way, Washington, approving the final Plat of Blackberry Hill, SUB98-0004, is attached (Exhibit E). The preliminary plat of Blackberry Hill, consisting of 11 clustered single-family residential lots on 2.34 acres (Exhibit B), was granted approval by the City of Federal Way on September 6, 1994, per Resolution 94-182 (Exhibit A) based on the findings and conclusions contained in the May 13, 1994, and August 2, 1994, Federal Way Hearing Examiner decisions (Exhibit A). Subsequent hearing examiner approval for intrusion of a sanitary sewer line and biofiltration swale within a wetland buffer associated with adjacent wetlands was approved on August 12,1996 (Exhibit F). Engineering approval was granted on November 25, 1997 (Exhibit G). The applicant applied for final plat approval in July 29, 1998. The application was determined complete on October 20, 1998. rr.;XHì8JT A PAGE .~OF 10 Staff Report - Final Plat Report Blackberry Hill Page 3 City of Federal Way staff has reviewed the final plat of Blackberry Hill for compliance with SEP A conditions, preliminary plat conditions, and all applicable codes and policies. All applicable codes and policies and conditions have been satisfactorily met. Staff recommends approval to the council. The remainder of staff report addresses how the applicant has fulfilled the conditions of SEPA, the preliminary plat approval, and the Federal Way Subdivision Code. III. DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code (FWCC), if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording. CRITERION #1 - The final plat is in substantial conformance to the preliminary plat. Response - The final plat is in substantial conformance with the approved preliminary plat. Tract A, the open space tract, has been modified from preliminary plat through relocation of the bioswale facility. Based on conditional approval by the Federal Way Hearing Examiner, the bioswale facility was relocated west of Blackberry Hill into the adjacent Teabos Depression, a drainage facility owned by the city. The resulting Tract A is not encumbered by any drainage facilities or improvements. This criterion has been met. CRITERION #2 - The final plat is in conformity with applicable zoning ordinances or other land use controls. Response - Applicable zoning ordinances and land use controls include the FWCC Chapter 20, Subdivisions, and Chapter 22, Zoning. Article III ofFWCC Chapter 20, Sections 20-151 through 20-187 address subdivision design criteria, including open space, streets, and traffic. The FWCC includes standards for structural setbacks, street lighting, and lot coverage. Subdivision design is in compliance because traffic from the subdivision connects to South 312th Street, a principal collector street. The lots are accessed via public rights of way. The road within the plat was designed and constructed to Federal Way cui de sac standards. Third Court South has 50 feet of right of way, 28 feet of pavement, five foot sidewalks, four foot planter strips, and a six inch vertical curb. No additional improvements to South 312th Street or dedication was required of the applicant. EXHIBIT f1 PAGE-20F lø Staff Report - Final Plat Report Blackberry Hill Page 4 Under FWCC Section 20-1 54, Cluster subdivision, in order to promote open space and the protection of natural features such as trees and wetlands, lots may be reduced in size and placed in clusters on the site. Lots created in cluster subdivisions may be below the minimum lot size requirements of FWCC Chapter 22, zoning. provided the total number of lots created does not exceed the number of lots which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space. The II lots in the Blackberry Hill subdivision are reduced in size and are clustered at the southern end of the site, in order to preserve a large stand of mature trees on the north side of the site. Ten of the lliots are less than the minimum lot size ofFWCC Section 22-631, Detached dwelling unit, as allowed by the cluster subdivision provisions. Based on a drawing provided by the applicant depicting conventional subdivision layout, the Blackberry Hill cluster subdivision does not exceed the number of lots which would be permitted in a conventional subdivision. Minimum yard and setbacks per FWCC Section 22-631 are depicted on the face of the plat, Exhibit C, page 1 of 3. The open space established with the cluster subdivision is known as tract A on Exhibit C, page 1 of 3 of the plat. Tract A is defined as an Native Growth Protection Easement (NGPE) in Exhibit C. note 5, page 3 of 3. Restrictive covenants have been submitted with the final plat application, which further protect Tract A from further subdivision or development. Applicable zoning ordinances and other land use controls have been met. CRiTERiON #3 - All conditions of the Hearing Examiner and/or City Council have been satisfied. Response - The Responsible Official issued a Mitigated Determination of Nonsignificance for the Blackberry Hill preliminary plat on February 22, 1994, with two conditions. The preliminary plat application was reviewed by the Federal Way Hearing Examiner at a May 13, 1994, hearing. His recommendation to approve the plat was forwarded to the Federal Way City Council. The City Council, at their June 7, 1994 meeting, remanded the preliminary plat back to the Hearing Examiner to address impacts to the wetland, traffic, access, and storm drainage. Following a second hearing on August 2, 1994, the Hearing Examiner forwarded a recommendation to the Council. At their September 6, 1994 meeting, the Federal Way City Council approved the preliminary plat application without conditions. The Responsible Official issued a Mitigated Determination of Nonsignificance for intrusions into the wetland buffer on Dccember 13, 1995. with one condition. A hearing EXHIBIT Pr PAGE~OF -'1L- Staff Report - Final Plat Report Blackberry Hill Page 5 was conducted by the Federal Way Hearing Examiner on July 30, 1996, to review the request to locate a bioswale and sewer line within the wetland setback area. That Process II request was approved by the Hearing Examiner in his August 12, 1996 decision. The various conditions of approval and the status of those conditions is noted below: I. Compliance With SEPA Mitigation Measures A) Mitigated Determination of Non significance (MONS) for SEP 92-0012 was issued on February 22, 1994, with the following conditions. 1) The applicant shall provide on-site storm water runoff control in accordance with city standards and policies and recommendation BW-2 of the Hylebos Creek and Lower Puget Sound Executive Proposed Basin Plan. Staff Response: This mitigation measure has been met. Based on data provided in the Technical Information Report (TIR) prepared by Touma Engineers, the subdivision is exempt from the onsite storm water runoff control. This TIR showed that the I DO-year flow for the site prior to development was 0.30 cfs and the 100-year flow for the site developed would be a 0.76 cfs, a difference of 0.46 cfs increase. The 1990 King County Surface Water Design Manual (KCSWDM) threshold for storm water detention is 0.5 cfs or greater; this project falls below that threshold. 2) Storm water runoff control shall be provided on-site unless the applicant elects to located the required on-site detention in the Teabos Depression, a low topographic feature west of the site. In the later-case, the applicant shall be required to convert the depression into a public regional storm water detention facility sized to discharge the runoff from the entire upstream basin at the pre-developed basin runoff rate for the 2- year, 10- year and 1 DO-year, 7-day storm event. The active storm water storage level in this depression shall be set to provide a minimum of one foot of freeboard for any structure in the area as identified in the Storm Drainage Analysis for Blackberry Hill Preliminary Plat submitted July 26, 1992. This conversion shall include acquiring any necessary easements and liability releases from affected property owners, modification of the outlet controls next to South 312th Street, and excavation for any deficient storage volume. A Late Comers Agreement may be executed upon completion of the conversion to recover a proportionate share of the expenses for future developers in the subject basin. EXHIBIT ~ PAGE5-0F ~- Staff Report - Final Plat Report Blackbeny Hill Page 6 Staff Response: This mitigation measure has been met. Based on data presented at the August 2, 1994 hearing, the storm drainage analysis documented that 3.5 feet offreeboard is available in the Hylebos Depression prior to any construction. As the necessary overflow room is available, no easements, liability releases of agreements will be required. B) A Mitigated Determination of Nonsignificance (MDNS) for SEP 95-0034 was issued on May 22, 1996, with the following condition. "Add the following elements to the December 13, 1995, conceptual mitigation plan as a condition of SEP A approval: I) Planting plan; 2) Plant Schedule; 3) Planting details; 4) Annual monitoring for five years to assess plant material vigor and survival. Reports need to be submitted to the city by August I of each monitoring year; 5) Planting must achieve a success rate of 80 percent; 6) Final as built drawings and an as-built report will need to be submitted to the City of Federal Way within one month from the time of completing the installation of the plantings; and 7) The applicant shall pay for the cost of the annual monitoring conducted by the city's contracted wetland biologist." Staff Response: The status of this mitigation measure is as follows: I) Planting Plan - A Wetland Setback Revegetation Plan prepared June 18, 1996 ,by Terra Associates, Inc. was submitted on June 24, 1996 (Exhibit H). The revegetation plan was approved by staff on December 18, 1997. Plant Schedule - The revegetation plan contains a plant schedule with plant sizes and quantities. Planting Details - The revegetation plan included a planting details. Annual monitoring for five years to assess plant material vigor and survival. Reports need to be submitted to the city by August I of each monitoring year. - A contract currently executed with Sheldon and Associates will cover monitoring for five years. Planting must achieve a success rate of 80 percent. - This information was included in planting plan, and will be verified by the monitoring. Final as built drawings and an as-built report will need to be submitted to the City of Federal Way within one month from the time of completing the installation of the plantings. - The revegetation plantings were installed during the week of October 19 through 23, 1998, as recommended in the revegetation plan. The applicant submitted a October 26, 1998, letter which stating that as the vegetation was installed per the approved plan, that plan would constitute the as-built submittal. The installation of the vegetation was field verified by city staff and found to be installed per the approved plan. 2) 3) 4) 5) 6) EXHIBIT 14 PAGEL OF 10 Staff Report - Final Plat Report Blackberry Hill Page 7 7) The applicant shall pay for the cost of the annual monitoring conducted by the city's contracted wetland biologist. - The applicant has provided payment for the monitoring contract in a check received on October 15, 1998. II. Conditions of Hearing Examiner Decision, August 12, 1996, UPR95-0033. I) The applicant must secure from the City of Federal Way's Department of Public Works, Surface Water Division, an easement for placement of the sanitary sewer line and infiltration swale. Staff Response: This condition has been met. As the applicant was able to install the sanitary sewer line in the center of the right of way and not in the Teabos Depression, the aforementioned easements were not necessary. The biofiltration swale is already located on City of Federal Way property; additional easements are not required. 2) To guard against breakage and possible surface water contamination, the diagonal portion of the sewer line (that section that traverses through the wetland buffer) must be constructed of ductile iron. Staff Response: This condition has been met. Ductile iron was used to construct the sewer line, which is now located in the right of way. CRITERION #4 - That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but limited to, the public health, safety, general welfare, open spaces, drainage 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. Response - Open Space, Parks, and Recreation - Pursuant to FWCC Section 20-155(b), Open space and recreation, all residential subdivisions are required to provide open space in the amount of 15 percent of the gross land area of the subdivision site (or if under five acres, make payment of fee in lieu of per FWCC 19-41). The plat of Blackberry Hill establishes usable and conservation open spaces in Tract A. (Usable open space consists of areas which have appropriate topography, soils, drainage and size to be considered for development as active recreation areas. Conservation open space is EXHIBIT II' PAGE~OF Iù Staff Report - Final Plat Report Blackberry Hill Page g areas which contain special natural or physical amenities or environmentally sensitive features, the conservation of which would benefit surrounding properties or the community as a whole. Such areas may include stands of large trees.) Exhibit D, page 3 of 3, note #6, indicates that a portion of tract A amounting to 10 percent of the required open space of the entire plat is established as usable open space. This usable open space, noted on Exhibit D. Page 1 of 3, is 1,673 square feet is size and satisfies the usable open space requirement. The balance of tract A is conservation open space. In a September 29, 1997 letter, city staff supported the change in lot configuration which resulted in relocation of the drainage facilities out of Tract A. This resulted in an increase in usable open space at the site. The applicant has exceeded the required open space obligation with the cluster subdivision by establishing 33.7 percent ofthe 2.34 acre site in open space. This open space is not part of an adopted Parks and Recreation Comprehensive Plan, and will be dedicated to the Blackberry Hill Home Owners Association. The applicant will not be required to pay open space fees as the final plat of Blackberry Hill provides sufficient open space opportunities. Drainage Ways - The subdivision has a storm drainage system designed and constructed in accordance with the surface water management requirements in FWCC Section 21-26 et seq., and the storm and surface water utility requirement in FWCC Section 16-76 et seq. Engineering plans (Exhibit G) which included drainage and roadways, were reviewed and approved by the City of Federal Way prior to construction. Biofiltration systems were proposed at the southern portion of tract A with the preliminary plat application. On May 22, 1996, the Federal Way Hearing Examiner conditionally approved a request to relocate the bioswale into a regulated wetland setback area (Exhibit F, page 3). Biofiltration systems and oil water separation devices were installed within drainage easements immediately west of the subdivision, within property owned by the City of Federal Way. As the project produces less than the 0.5cfs than the undeveloped site, the project was exempt from retention/detention requirements. Transit - METRO Transit service is available along South 312th Street, approximately 500 feet east and west of the subdivision. DART pickup can be arranged by individual residents. Water and Sewer - All lots in a subdivision shall be served by a water system and sanitary sewer systems system designed and constructed to the specifications of Lakehaven Utility District. In an August 27, 1998 letter, the Lakehaven Utility EXHIBIT A PAGEiOF Ie) Staff Report - Final Plat Report Blackberry Hill Page 9 District stated that the sanitary sewer and water distribution systems for the project are substantially complete. The developer has entered into a supplemental agreement with the district, and the district has accepted assignment of funds guaranteeing completion of construction of said distribution systems. Schools - In addition to the sidewalks required in FWCC Section 22-1471, regarding requirements to Right of way (ROW) and vehicular easements, the sidewalks provide pedestrian and bicycle assess and connect the subdivision to established safe school routes, bikeways, trails, and transit stops. Elementary school students will walk to Mirror Lake Elementary School via existing sidewalks from this site. Students at Illahee Junior High and Federal Way High School will be bussed. School impact fees will be collected with each single family building permit at the time of permit issuance, based on city ordinance #95-249, as amended. This criterion has been met. CRITERION #5 - All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Response - All road and storm drainage improvements have been constructed. In addition, all water and sewer lines have been installed. Adequate bonding is in place with the Lakehaven Utility District and the City of Federal Way. This criterion has been met. CRITERION #6 - All taxes and assessments owing on the property have been paid. 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. IV. 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 Blackberry Hill meets all platting requirements of RCW 58.17.070 and Section 20-134 of the Federal Way City Code. City staff is recommending approval of the final plat as submitted and has prepared the necessary resolution for City Council approval (Exhibit £). EXHIBnw 11 PAGE_~OF 10 Staff Report - Final Plat Report Blackberry Hill Page 10 V. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H "'"bd;';'~[Kkb""""MI~' Resolution 94-lg2 - September 6, 1994, City of Federal Way Preliminary Plat Approval of Blackberry Hill with accompanying Hearing Examiner Report By, x II Reduced Copy of Approved Preliminary Plat of Blackberry Hill By, x II Reduced Copy of Final Plat Map of Blackberry Hill Vicinity Map for Blackberry Hill Final Plat Resolution of the City of Federal Way, Washington, approving the final plat of Blackberry Hill August 12, 1996, Hearing Examiner Approval By, x II Reduced Copy of Approved Engineering Plans for Blackberry Hill By, x II Reduced Copy of the Approved Wetland Setback Revegetation Plan EXHIB~T FI' PAGE1O OF /0 ( RESOLUTION NO. 94-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE APPLICATION BY JAN-WES HOMES INC. FOR PRELIMINARY PLAT APPROVAL TO DIVIDE A 2. 34 ACRE PARCEL INTO SINGLE FAMILY HOME LOTS AND FOR APPROVAL OF INTRUSION INTO 100 FOOT WETLAND SETBACK FOR ROADWAY SERVING THE DEVELOPMENT; (FEDERAL WAY FILE NO. SUB 92- 0004; RELATED FILE NO. SEP92-0012; RELATED FILE NO. UPR92-0009; HEARING EXAMINER FILE NO. 94-09. ) WHEREAS, Jan-Wes Homes, Inc. ("Applicant") , has a possessory ownership interest in property totaling approximately 2.34 acres located at the northeast corner of the intersection of ( South 312th Street and the proposed Third Court South, in Federal Way, Washington ("property"); and WHEREAS, the Applicant is requesting preliminary plat approval to subdivide the southern portion of the Property into eleven (11) single family residential lots retaining the northern portion of the Property as open space; and the Applicant is also seeking approval to intrude into a 100 foot wetland setback as established by section 22-1357, Federal Way City Code ("FWCC") for construction of a cul-de-sac providing access to all plat lots from South 312th Street ("Application"); and WHEREAS, the Applicant has configured the preliminary plat as a cluster subdivision pursuant to section 20-154 FWCC; and WHEREAS, the property is presently zon[~ ~;':[ {BOiT WhiC~ II \ allows for single family dwellings; and , OF -~ COPt FAG:: RES # 94-182 . PAGE 1 ( WHEREAS, the Application is properly considered under Process III, pursuant to FWCC Section 20-111; and WHEREAS, a mitigated determination of non-significance ("MONS") was issued by the City of Federal Way's Responsible Official for this Application on February 22,1994, pursuant to the FWCC and the State Environmental Policy Act ("SEPA") and the appeal and comment period ended March 23, 1994 without appeal; and WHEREAS, all public notices having duly been given pursuant to FWCC Section 22-480; and WHEREAS, pursuant to Process III, FWCC section 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on the application on April 19, 1994; and WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Examiner issued its Findings, Conclusions and Recommendation on May 3, 1994; and WHEREAS, this matter having been considered by the Federal Way City Council Land Use/Transportation Committee at its meeting on May 16, 1994, for the purpose of issuing its recommendation for approval of the Application to the full City Council; and WHEREAS, the City Council, at its meeting of June 6, 1994, having fully considered the Application, the record and Recommendation~of the Hearing Examiner, remanded the Application back to the Hearing Examiner to consider further certain issues relating to transportation, wetlands and drainage; and RES # 94-182 , PAGE 2 EXHIBIT A . I - PAGE~OF 'r tf/)~O ( WHEREAS, the Hearing Examiner conducted a further Hearing in accordance with the instructions from the City Council on July 19, 1994, and issued a Decision on Remand on August 2, 1994 recommending preliminary plat approval; and WHEREAS, this matter having been considered by the Federal way City Council Land Use/Transportation Committee at its meeting of August 5, 1994, for the purpose of issuing its recommendation for approval of the Application to the full city Council; and WHEREAS, the City Council of the City of Federal Way is the governmental body having jurisdiction and authority to pass upon the approval, denial and modification of the Application, pursuant to the FWCC; and ( WHEREAS, FWCC section 22-490(d) contains the decisional criteria for the Federal Way city Council's consideration of a Process III application; and WHEREAS, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to FWCC Section 22~490 on August 16, 1994; and WHEREAS, the Applicant made a minor modification to the Application following the August 16,1994, hearing pursuant to FWCC section 20-113(e) and in response to Council's comments that there was insufficient buffer open.space adjacent to South 312th Street and, accordingly, the criteria for approving a cluster subdivision pursuant to FWCC section 20-154 had not been satisfied; and RES # 94-182 , PAGE 3 EXHIBIT A ¿ PAGE~_OF ?"ðÓ~~ ( WHEREAS, the City Council having considered the written record and the Recommendation of the Hearing Examiner, pursuant to FWCC Section 22-490 on September 6, 1994; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Hearinq Examiner's Recommendation. The Findings of Fact and Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued on May 3, 1994, following a public hearing held on April 19, 1994, and the Hearing Examiner's Remand Decision issued on August 2, 1994, following a public hearing on July 19, 1994, copies of which are attached hereto as Exhibits "A" and "B" respectively and incorporated by this reference (hereafter jointly referred to as "Recommendation"), which recommended approval of the Application, as modified by the Applicant as more particularly described in Exhibit "c" attached hereto, are hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Way City Council. Section 2. Preliminary Plat. Pursuant to FWCC section 20-63, RCW 58.17.215, and Findings Nos. 16 and 17 of Exhibit "A" and Findings No. 14, 15, 16 and 17 of Exhibit "B" of the Recommendation, the Federal Way City Council concludes that the Application, as modified, conforms to the sul;>division design criteria of the FWCC and the development standards relating to plats of the FWCC, that the public use and interest is served by the proposed development and associated improvements, including the intrusion by the development access roadway into the 100 foot RES # 94-182 , PAGE 4 EXHIBIT A, l PAGE-f-OF ? &fJ a ( wetland setback, and ~hat the development as proposed satisfies the requirements of Chapter 58.17, RCW, as it will serve the public use and interest. section 3. Intrusion into Wetland Setback Area. Pursuant to section 22-1.359 (D) of the FWCC, and pursuant to Findings No. 15 of Exhibit "A" and Findings No.5 and 6 of Exhibit "B" of the Recommendation, the Federal Way. City Council concludes that the decisional criteria for the intrusion into the 100 foot wetland setback area have been satisfied in connection with the Application, as modified, and the request for intrusion into the setback is hereby approved. section 4. Process III Decisional criteria. Pursuant to FWCC section 22-490(d) and Finding No. 16 of Exhibit "A" of the ( Recommendation, the Federal way City Council concludes that the decisional criteria have been satisfied as the Application, as modified, is consistent with the Comprehensive Plan, is consistent with all applicable provisions of the FWCC including those adopted by reference from the Comprehensive Plan, and the Application is consistent with the pUblic health, safety, and welfare. section 5. Application Approval. Based upon the Federal Way city Council's Findings of Fact and Conclusions of Law, as adopted by the city Council pursuant to Section 1 herein and the minor modification to the plat described in Exhibit "C" hereof, the Application for preliminary plat approval, Blackberry Hill development by Jan-Wes Homes, Inc., Federal Way Hearing Examiner No. 94-09, is hereby approved. RES # 94-182 , PAGE 5 EXHIBIT A to'" PAGE~. {// ( Section 6. Conditions of Approval Inteqral. The conditions of approval of the Application are all integral to aach other with respect to the Federal Way City Council finding that the public use and interest will be served by the approval of the Application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid then, in said event, the approved Application and modifications granted in this resolution shall be deemed void, and the Application shall be remanded to the City of Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to insure that the Application makes appropriate provisions for the public health, safety and general welfare and applicable City ordinances, rules and regulations and forward such recommendation to the City council for further action. section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. RES # 94-]82 , PAGE 6 EXHIBIT A . ( PAGEJL_OF ~ 1J zJ ( section 9. Effective Date. This resolution shall be effective i~mediately upon passage by the Federal Way City Coùncil. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of September , 1994. CITY OF FEDERAL WAY ~é'?~ MAY R, Y E. GATES M. SWANEY, CMC ( APPROVED AS TO FORM: ~ ~~ C Y AT , LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 94-182 August 30,1994 September 6, 1994 K:\Reso\Blkberry¡ 9/8/94 RES # 94-182 , PAGE 7 EXHIBIT A . ( PAGE~OF ;¡" fJbz$ <: ( ( EX1lIlIlT "A" ( CITY OF FEDERAL HAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) ) BLACKBERRY) ) ) ) FWHEt: 94-09 FILE t: S0892-0004 UPR92-0009 SEP92-0008 PRELIMINARY PLAT OF HILL/PROCESS III L SUMMARY OF APPLICATION ( The applicant is requesting preliminary plat approval to divide a 2.34 acre parcel into eleven single family residential lots as provided for under Chapter 20, Subdivisions Federal Way City Code and Chapter 58.17 Revised Code of Washington. The plat is proposed as a cluster subdivision in order to preserve a forested areas as open space. city of Federal Way City Code sets forth the subdivision review process as Process III review. Under Process III review the hearing examiner conducts a public hearing on the matter, and" after consideration of testimony and facts pr.esented makes a recommendation to the City Council. The City Council then makes a decision whether or not to grant "or deny the plat request. (' Additionally the applicant is seeking approval to intrude "into a 100 foot wetland setback as established þy section 22-135.1. FWCC. The intrusion would be in the form of roadway improvements associated with the construction of 3rd Court South, the proposed cul-de-sac providing access to the plat. II. PROCEDURAL INFORH!\.TION Hearing Date: April 19, 1994 Decision Date: May 3, 1994 At the hearing the following presented testimony and evidence: 1. MÎchael Thomas, Associate Planner, City of Federal Way 33530 - 1st Way South, Federal Way, WA 98003 2. Tom Tourna, Engineer, 15668 West Valley Highway, Seattle, WA EXHIBIT A PAGE~OF 2$- ( ( .c preliminary plat of Blackberry Hill FWHE H94-09 May J, 1994 J. Walt Schaefer, vice president, 18000 72nd Avenue South, suite 206, Kent, WA 98032 4. Mike Micu1inich - 190 South 312th Street, Federal Way, WA 98003 Russell Wolf - 230 South 3l2th Street, Federal Way, WA 98003 Ron Garrow, City of Federal Way, 33530 - 1st Way South, Federal Way, WA 98003 5. 6. At the hearing the following exhibits were admitted. as part of the official record of these proceedings: 1. Staff Report with all attachments. (( III. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the site and taken this matter under advisement. The Community Development Department staff report sets forth general findings, applicable policies and provisions in this matter, and is hereby marked-as Exhibit 1 and incorporated in this report by reference as though set forth in full herein. All appropriate notices were delivered in accordance with the requirements of the Federal Way Zoning Code. The applicant has.a possessory ownership interest in a 2.34 acre parcel of property located at the northeast cornèrof the intersection of South 3l2th Street and the proposed Thi.rd Court South. The site is rectangular in shape with a frontage of approximately 165 feet on South 312th Street and a depth of 618 feet. The applicant is requesting preliminary plat approval to subdivide the southern portion of the site into eleven single family residential lots. The north portion of the site. is proposed to remain in open space. The applicant is proposing to cluster the lots to preserve the forested areas as open space, and is also seeking approval to intrude into a 100 foot wetland setback as established by Section 22-1357 of the Federal Way city Code (FWCC). The intrusion is associated with the construction of Third Court South, a cul-de-sac providing access to all plat ~ots from South J12th Street. The property slopes down from east to west and is underlain by Alderwood and Everett Gravelly Sandy Loam soils. The so~~~.J!t.~ moderately well drained and. have slight '=eXH1S1r~ PAGE_lf_-OF ~~ 2. 3. 4. 5. ( -( ( PreLiminary Plat or Blackberry Bill I:WliE "94-09 May 3, 1994 6. 7. ( 8. 9. for erosion. They aLso have moderate limitation for .singLe family construction. Soils will support the applicant's proposal. The site contains second and third growth coniferous and deciduous trees native to the - northwest. The applicant is required to either retain 25% of the significant trees or replant .in conformance with the 25% requirement of the FWCC~ The site is inhabited by small birds and animals, but no threatened or endangered species. . . West of the s~te is a natural depression known as the Teabos Depression. The depression contains a wetland and the applicant is requesting to reduce the 100 foot wetland buffer to between 35 and 85 feet. Drainage from the site will either be .retained on site or will enter the Teabos Depression through a biofiltration swale. ( The site is located within the RS-7. 2 zone classification which allows singLe family residential dwellings as outright permitted. uses on minimum lot sizes of 7,20.0 square .feet. Said zone classification also allows a. maximwÌI lot coverage of 60%. Pursuant to Section 20-54 FWCC the applicant is proposing to cluster the lots on the south portion of the site adjacent to South 312th Street. Clustering is allowed for the purpose of promoting open space and the protection of natural features such as trees and wetlands. However, the minimum yard setback requirements must be met as well as ~imum site coverage requirements. The applicant has shown the building setback litles for each lot on the face of the I?~t- The applicant is proposing lot sizes between 2,920 square .feet and 6,700 square feet. Lot clustering will allow the preservation of approximately 38,775 square feet which includes a large stand of trees in the northern portion. Preservation of the trees provides a substantial buffer between the neighboring subdivision to the north. f{' j. J1 1 I +-! 1- - v 'c f"1"'-~ (1¿(ltl4 ll. ç:¿¿ (, Access to the site is provided by a privat cul-de-sac - '11 constructed to City of Federal Way standar s. Sidewalks will be constructed on the private road as well as along the frontage of 312th Street. Landscaping in the nature of a 20 foot Type III buffer will be installed between the homes and both South 312th Street and 3rd Ct. South. 10. Considerable testimony from the applicant and residents of the area concern the storm draiaage plan for the site. The ~l~;~~ani~ p~~~~~~;y ~f~¥f~~;a~~o~Ol;:~;eE>iH'iBÎÿ,~ni:~;i'r PAGE-'1LOF za l c PrelLmina~ Plat ot ßlackberry Hill I?WHE #94-09 May J, 1994 Depression. A mitigating measure agreed to by the applicant in the MDNS requires that the applicant raise the storage capacity of the Teabos basin and acquire easements from impacted property owners. The applicant agrees to raise the overflow level, but is concerned about obtaining easements from affected property owners. Mitigat-ing measures imposed in the MDNS are not before the Examiner unless an appeal of the -threshold determination is filed. In this instance no appeal was filed, and therefore the EXðJJliner has no authority to change the mitigating measure. However, since the city contemplates the Teabos Depression as a regional facility as opposed to a facility to serve this one development that the ~ city should consider assisting the applicant in obtaining the ~necessa~ easements. In the alternative the applicant would j retain storm water runoff on its own site. >;<t<J' / ll. The applicant completed and submitted a traffic .iJnpact analysis which established that the site will not generate more than ten vehicle trips during the p.m. peak hour, and therefore the City will require no traffic mitigation. Residents of the site will have access to publiç transit. :( 12. 13 . 14. 15. In accordance with section 20-155(8) FWCC the applicant is providing 15% of the gross land area of the plat as open space. The applicant is also providing an additional 23% of the gross land area for open space for the purpose of tree preservation. The total sum of open space equals 38%. the plat will also provide 10% of the required 15% open space as usable open space. 80th fire flow and domestic water are available to serve the site. The Federal Way Water and Sewer District wil~'plrovide sanitary sewers as there i6 a sewer main in the South 312th Street right of way. The 1990 Federal Way Comprehensive Plan designates the site as Suburban Residential. This designation contemplates a variety of housing types and choices and an economic use of urban land to discourage sprawl. The proposed subdivision meets the policies of the Suburban Residential category as set forth in the Staff Report. In association with the prelimina~ plat approval the applicant is requesting to construct a -portion of the plat roadway within the required setback from the wetland in the Teabos Depression. section 22-1359(0) FWCC allows the city to approve a request to locate improvements within a wetland setback if the applicant can establish that the six crite~ia set forth therein are met. Findings req~~tifEiÎ1f cri~ia - Pâr-.I= /I OF ~ ( ( ( Preliminary Pla~ ot Blackberry Hill PWIIE ~94-09 May J, 1994 B. ( c. D. E. F. 16. are hereby made as follows: A. The location of the plat road within the wetland buffer will not adversely affect water quality. The applicant will collect the storm water drainage from the plat and direct it to a biofiltration swale prior to discharge into the Teabos Depression. Furthermore, the alterations of the depression will not affect water quality. The incursion into. the wetland buffer will not destroy nor damage a significant habitat area. The wetland La presently criss-crossed by two driveways with a third driveway into the wetland setback. The latter-driveway will be the location of the proposed plat road. The buffer is vegetated with alders, blackberry bushes, and grasses which are not good habitat. There will be no adverse affects on drainage or storm water retention capabilities. The .Teabos Depression has adequate storage to retain the storm water runoff. The applicant has previously demonstrated to the satisfaction of the city that discharge of the stormwater into the depression will not create adverse affects. Incursion into the buffer will not create unstable earth conditions nor erosion hazards. Disturbed areas will be .replanted with native upland vegetation as required by Section 22-1359 (el FWCC. Erosion control methods in accordance with Federal Way requirements will be ):equired during construction. Reduction of the wetland buffer will not affect..i3.ajacent property owners nor the city as a whole. The are~ is not considered open space and provides no scenic vistas. Incursion of the wetland buffer is necessary for reasonable development of the p,roperty. Allowing the small incursion into the wetland setback will ultimately result in greater preservation of the natural environmental as it allows the applicant to retain substantial trees in the open space on the north porti9n of the plat. ' Both the preliminary plat and the request for a reduction of the wetland setback are subject to Process III review which requires the Examiner to make a recommendation to the Federal Way City Council which in turn makes the final decision. Prior to making such recommendation, tl:"~ust find that both reques~s meet the Process II!-~ilJ~l_rr; rpr; " PAGE~.OF 1L ( ...( Pre~iminary Plat of ß~ackberry Hill FWBE 1194-09 May J, 1994 which are set forth in section 22-490(d) FWCC. Findings required on each criteria are hereby made as fol~ows: A. The proposed plat and setback reduction are consistent with the Suburban Residential category of the Federal Way comprehensive Plan. The Suburban Residential category provides for a density of four to six units per acre while the applican~' s proposal provides 4.7 units per acre. B. The proposed plat and wetland buffer reduction are consistent with all app~icáble provisions of the Federal Way City Code, including the zoning code, environmental policy code, Methods to Mitigate Development Impacts Code, and the Subdivision Code, and all other applicable deve~opment codes and regulations. / C. Approval of the preliminary plat and wet~and reduction are consistent with the public health, safety, and we~fare. Approval of the p~at wi~~ permit development of the site consistent with the Suburban Residential category of the Comprehensive Plan and RS-7 .2 zone. The proposed preliminary plat meets the purpose of subdivisions, as set forth in section 20-2 FWCC. Compliance with all Federal Way Code provisions relating to plats ensures that the criteria set forth in Section 20-2 are met. The plat further meets the design criteria and development standards set forth in sections 20-151 through 20-157 and 20-178 th~ough 20-187 FWCC as well as RCW 58.17. 17 . IV. CONCLUSIONS From the foregoing findings following conclusions: the Hearing Examiner makes the 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed pre~iminary plat of Blackberry Hill satisfies all requirements of the Federal Way city Code ,and is consistent with the City of Federal Way Comprehensive Plan and meets all requirements of the RS-7.2 zone classification. The proposed p~at also complies with all requirements of section 20-2 and 20-112 FWCC regarding subdivisions. Therefore, the proposed preliminary plat should be approved. 3. The request for an incursion into the requiced wetland setback meets the critecia set forth in Section ~xWI~lfCC' Ãd DJH"'-.~ ,~ ()i= ~ ( ( ( c Preliminary Plat of Blackberry Bill FWBE #94-09 Hay 3, 1994 therefore should be approve~. RECGHHENDATION: It is hereby recommended to the City Council of the City of Federal Way that the proposed preliminary plat of Blackberry aill be approved. It is further recommended that the request to incur to the required wetland setback to allow construction of the plat road be allowed. DATED ( .. EXHIBIT A PAGEÆOF ~ .( c :( Preliminary Plac at Blackberry ui11 FWUE "94-09 May), 1994 VI. RIGHTS TO RECONSIDERATION AND CaALLENGE ( ! Any person who has a right to challenge a recommendation under the Federal Way zoning Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Planning Department within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered ànd the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal .Way zoning. Code. Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner.shall notify the persons who have a right to appeal under the Federal Way zoning. Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or. she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way zoning Code. The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation pursuant to FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the Planning Department wi thin fourteen (14) calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the decision o~ the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the persoo,..tiling the challenge. The person filing the challenge shall include, with the letter of appeal, the fee established by the city. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there. was a request to reconsider the Hearing Examiner's recommendation. EXH I 8 IT ~ PAGE 1$ OF --"- ~ ( EXIIlnlT "n" ( CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE REMAND MATTER OF: FWHE#: 94-9 BLACKBERRY HILL PROCESS III I. SUMMARY OF APPLICATION The applicant's prelinúnary plat application proposes to subdivide a 2.34 acre parcel into eleven (11) single family residential lots. The plat has been configured as a cluster subdivision as allowed for pursuant to section 20-154 Federal Way City Code. The application also requests reduction of a IOO-foot wetland buffer associated with a wetland that lies adjacent (west of the subject parcel. ll. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 19, 1994 August 2, 1994 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. Mike Thomas, City of Federal Way, 33530 1st Way South, Federâ1 Way, WA 98003 . m .. Ron Garrow, Department of Public Works, City of Federal Way, 33530 1st Way South, Federal Way, WA 98003 Tom Touma, 15668 West Valley Highway, Seattle, WA 98188 Walter Schader, 18000 72nd Avenue South, Suite 206, Kent, WA 98032 At the hearing the following exlúbits were adnútted as part of the official record of these proceedings: 1. Staff Report with all attachments. EXHIBIT ~ PAGEÆoF~. CO~V ( Blackberry HilllProcess \\I August 2, 1994 Page - 2 1. 2. 3. 4. ( Ill. FINDINGS The Hearing Examiner has heard testimony, viewed the property and surrounding area, admitted documentary evidence into the record, and taken this matter under advisement. The CommUIÚty Development Department staff report sets forth general fIDdings, applicable policies and provisions in this matter, and is hereby marked as Exhibit 1 and incorporated in this report by reference as though set forth in full herein. All appropriate notices were delivered in accordance with the requirements of the Federal Way Zoning Code. On May 3, 1994, the Examiner issued a written recommendation to the City of Federal Way City Council that the Blackberry Hill preliminary plat be approved. At its meeting on June 7,1994, the City Council remanded the matter to the Examiner and requested that additional consideration be given to the ini.pacts to the adjacent wetland in Teabos Depression; to traffic and access; and stonn drainage. Pursuant to the City Council's remand, a public hearing was conducted to specifically consider said concerns. Based upon the testimony and evidence presented at said hearing, additional findings on each concern are made hereinbelow. IMP ACfS TO ADJACENT WETLAND 5. The Teabos Depression is very likely an artificial wetland created by the construction of South 312th Street. Water backs up as a result of the fill placed in the depression to . allow construction of South 312th Street. Section 22-1357 of the Federal Way City Code (FWCC) requires a 100 foot buffer from the wetland even though it is probably artificially created. . .' 6. There is not a 100 - foot buffer protecting the wetland at the present time, and even if the plat access road were moved outside of the required wetland buffer, the 100-foot setback would still not be present. The wetland is presently crossed by an existing driveway with a second driveway located five feet from the edge of the sidewalk surrounding the proposed cul-de-sac. These driveways will remain in their present location if the plat road is moved to the east away from the wetland. Storm water presently drains directly from the driveways into the wetland without pretreatment. Upon development of the plat the storm drainage will be collected in the plat road (which will replace the driveway parallel to the wetland) and directed through a biofiltration swale prior to entering the wetland. Thus, construction of the plat in its proposed configuration will mean the following: EXHIBIT Ir PAGE I? OF ~r ( ,< Blackberry HillIProcess III August 2, 1994 Page - 3 ( ( I. An additional incursion into the wetland buffer of five feet in the area of the cul- de-sac to accommodate a sidewalk; 2. Improvement of water quality flowing into the wetland due to pretreatment and a bio[¡[tration swale. Relocation of the road to the east property line would mean the following: l. Continuation of the present driveways and direct runoff fro.m said driveways into the wetland. 2. Loss of a significant stand of trees due to relocation of the plat lots-to the north portion of the plat. TRAFFIC AND ACCESS 7. A traffic impact analysis was prepared by the applicant and reviewed and approved by the City Public Works Department. The project does not generate more than ten p.m. peak hour trips at any intersection identified in the City's six year transportation plan, and no traffic mitigation measures are required. Access to all plat lots except one will be via 3rd Court South, the proposed public road serving the plat. Two private driveways presently accessing 312th Street and serving properties which are not part of the plat will also use the plat access road, thus eliminating two accesses. . 8. South 3 12th Street is an east/west arterial which provides access to SR-99 to the east and SR-509 to the west. At the project site the road has three lanes including.-one through lane in each direction and a center left turn lane. Pedestrian sidewalks, biçycle path, and curb and gutter are also present. According to Metro Transit, two bus rout~...and a van . pass in front of the site. The bus routes operate Monday through Friday from 5:40 a.m. to 7:10 a.m. and from 3:30 p.m. to 5:45 p.m. The van operates from 8:00 a.m. to 3:30 p.m. Monday through Friday and from 10:40 a.m. to 5:25 p.m. on Saturday. There are bus stops along both sides of 3 12th Street in the vicinity of the plat. Accident data reveals a total of 23' accidents on South 312th Street between 1 st Avenue South and 8th Avenue South in a three year period. 9. The site is anticipated to generate 96 average weekday vehicle trips, eight of which will occur during the morning peak hour and eleven during the evening peak hour. Impact analyses were perfonned attl:e South 312th Street/1st Avenue South and South 312th Street/8th A venue South intersections. Both of these intersections are presently operating at level of service (LOS) D and will continue to do so following build-out of the proposed subdivision. The intersection of South 312th Street and the plat road itself will operate EXHIBIT A PAGE1~- OF ~ Blackberry HilllProcess III August 2, 1994 Page - 4 10. II. ( ( 12. at LOS "C". it is anticipated that 75% of the plat traffic will travel eastbound on South 312th Street and 25% westbound toward 1st Avenue South. STORM DRAINAGE The applicant is proposing to direct plat storm water into the Teabos Depression wetland as opposed to constructing a storm water detention pond on site. A storm drainage study conducted by the applicant and verified by a separate study performed by the City establishes that storm drainage from the site following the most severe storm (a 100- year/24 hour storm) will raise the level of water in the Teabos Depression by less than 1/2 inch. Storm water runoff from the entire drainage basin will raise the level 'of water by three inches following such a storm event. The depression has 3-112 feet of freeboard before cresting or threatening the nearest structure. The City is benefitted by allowing the applicant to discharge storm water into the Teabos Depression. The applicant is required to secure easements from adjacent property owners for the benefit of the City. The applicant is spending thousands of dollars to acquire these easements which will then allow the Teabos Depression to become a regional storm drainage facility. If the applicant is unable to secure said easements, then the applicant must provide its own storm water detention pond. The Teabos Depression is currently operating as a de facto regional drainage facility in that the plat of Parkwood Campus to the north of the site uses said depression for storm water detention in the same manner as the applicant is proposing. Parkwood Campus excavated part of the depression to provide compensating storage for its development. The Blackberry Hill plat does not need to excavate for compensating storage sillçe it is raising the outlet control which also provides additional storage with no dani!;er to abutting properties. ,-'- 13. Flooding occurs along 1st Avenue South by the Federal Way Fire Station. The impact of plat development on this flooding was considered in the applicant's drainage report. The report established that storm drainage from the plat will not exaggerate the existing flooding condition. To the contrary, the applicant's modifications to the outlet control structure will help nÜtigate the existing flooding problem. Furthermore, said flooding is identified as a Surface Water Division capital project. CLUSTER SUBDMSION 14. Section 20-154 FWCC allows cluster subdivisions in order to "promote open space and the protection of natural features such as trees and wetlands." Said section authorizes the reduction of lot sizes and the placement of residential dwellings in clusters. However, the EXHIBIT It PAGE_lt OF ~ ( Blackberry HilllProcess !II August 2, 1994 Page - 5 minimwn yard and setback requirements must, and building setback lines for each lot must be shown on the face of the subdivision plat. The open spaces and protected areas are prohibited from further subdivision or development by covenants filed and recorded with the final plat. 15. Section 20-155 FWCC specifically sets forth stands oflarge trees as a natural or physical amenity which should be protected by cluster development. 16. The Washington Supreme Court has encouraged the clustering of development in an effort to protect environmentally fragile areas and natural amenities. In ruling on a planned unit development (PUD) which is a method of allowing smaller lot sizes, the court stated in The Estate of Friedman v. Pierce County. 112 Wn. 2d. 68 (1989), as follows: ( A PUD achieves flexibility by permitting specific modifications of the usual zoning standards as applied to a particular parcel...One benefit of the PUD is that "buildings may be clustered in the most advantageous locations while environmentally fragile areas and natural amenities are left undeveloped....Large open areas useful for natural amenity and active and passive recreation can be retained without sacrificing developing intensity." R. Settle, Washington Land Use and Environmental Law and Practice. Section 2.12 (c), at 68 (1983)..."[A PUD] permits the developer of a qualifying site to be disperoed from otherwise applicable zoning regulations in exchange for submitting to detailed, tailored regulation. The developer gains choice; the public gains precise control." R. Settle, Section 2.12 (c) at 68. 112 Wn. 2d. 68 at 82. Section 20-154 FWCC authorizes a clustered subdivision sinùlar to a PUD as was discussed by the court. Such developments are favorably viewed by the courts and land use experts. In the case of Lutz v. Longview. 83 Wn. 2d. 566 (1974), our court discussed the difference between a subdivision developed under traditional zoning and a subdivision developed under a planned unit development as follows: . Traditional zoning has had the YÍrt1.le of certainty and the handicap of rigidity. A designated zone authorized certain uses, and no others, absent a variance. While a rezonc into a more permissive class might accommodate a desir:J.¡'le use, it might also allow an undesirable one. In short, the zoning authority was unable to tailor a specific desirable development to a particular tract of land if it involved uses which might cut across a number Exiie'BIT Æ PAGE~OF z:I ,( ( ( ( Blackbeny HillJProcess III August 2, 1994 Page - 6 classifications - unless the tract were rezoned to accommodate the most liberal clement. In contrast, the PUD aclùeves flexibility by pennitting specific modifications of the customary zoning standards as applied to a particular parceL The developer is not given cart blanche authority to make any use wlùch would be pennitted under traditional zoning. 83 Wn. 2d. 566 at 568. In the Lutz case the PUD involved development of two multi-family buildings on a large parcel of property leaving a substantial portion of the site in open space. 17. In the present case, the applicant proposes eleven single family residential lots in the south portion of the plat. The applicant is retaining a large tract of open space wruch contains a significant stand of trees in the north portion of the site. Such provides a significant benefit for both abutting properties and the community in general. Development of the plat as proposed improves the quality of water entering the wetland by pretreating.stonn water through a biofiltration swale. Traffic safety is improved by eliminating driveway accesses from South 312th Street, wlùle at the. same time contributing insignificant additional traffic on said road. Development of the plat as proposed also provides the City an opportunity to acquire at no expense a regional detention facility of more than sufficient size to serve the entire Teabos Depression drainage area, and in addition, to require improv~ments to the outlet wlùch will aid downstream flooding. . IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The HearÎ!1g Examiner has jurisdiction to consider and decide the issues presented by this request. .. .- 2. The prelirrúnary plat of Blackbeny Hill satisfies the criteria set forth in Sections 20-154 and 20-155 FWCC such that a clustered subdivision should be approved. 3. The applicant has adequately mitigated wetland impacts, traffic concerns, stonn drainage, and down stream flooding. RECOMMENDATION: The City Council should approve the proposed preliminary plat of Blackbeny Hill in its present configuration. EXHIBIT A PAGE U OF 2$ ( Blackberry HillIProcess III August 2, 1994 Page - 7 DATED THIS :¡d!- DAY OF August, 1994. ( ( ..- EXHIBIT If PAGE ~ OF ~ / RIGHTS TO RECONSIDERATION AND CHALLENGE (( Any person who has a right to challenge a recommendation under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered. and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal Way zoning Code. Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. That challenge, in the form of a letter of challenge, must be delivered to the Department of Community Development within fourteen (14) calendar days after the issuance o.f the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must. contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to réconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Feàeral Way City council. EXHIBIT J PAGE~OF ~ .~ .<;AN -WES HOMES, INC~ ( 18000 72ND AVENlJ"E SOUfH, SUITE 206 KENT, W ASH!NGTON 98032 PHONE: (206) 251-4020 FAX: (206) 251-4021 EXHIBIT C August 18, 1994 City Council of Federal Way 33530 1st Ave. S. Federal Way, WA 98003 To City Council: This letter is presented to help you understaud our reasons for designing the plat the way we did and to clear up some points. ( I. It was suggested at the last council meeting that the lots should have been clustered in tbe back of the property instead oftbe uont. We clustered tbem in uont because there were few trees in uont and mostly blackberry bushes and brush, while in the back there is a beautiful stand of conifer trees that we wish to preserve. See the attached tree inventory. 2. We could have done a conventional subdivision using all the land. In fact the code requires that we demonstrate our ability to do that before we could use the cluster method. See "Alternative B 7200 Sq. Ft." attached. 3. The 'il/telll' of the cluster method was brought up at the last meeting. The code for a cluster subdivision as referenced by FWCC 20-154 is as follows: 111 order to promote open space and the protection of natural features such as trees and wetlands, lots may be reduced in size and placed in clusters on the site.. Lots created in a cluster subdivision may be reduced in size below the minimum required in the Zoning Code provided that minimum yard and setback requirements are met. Building setback lines for each lot shall be shown on the face of a cluster subdivision plat. Open space created by cluster subdivisions shall be protected uom further subdivision or development by covenants filed and recorded with the final plat of the subdivision. EXHIBIT It PAGE2LOF aJ8 . ~ ( Page 2. City Council of Federal Way August 18, 1994 4. We have been working with staff for two years and four months iu an effort to work out all the problems. The design has been changed many times already. 5. One council person snggested we move Lot 2 back and create an open space buffer. We thought that was a good idea so we are revising our design by moving Lot 2 back 20 feet. There is already a buffer about 14 feet in back of the side walk that is part of the right of way. This will make a total of 34 feet of buffer where we will place au entrance monument on the 20 feet. We will landscape the 34 foot entrance buffer and provide for a homeowner's association to maintain the buffer. We will do the same on the Citýs side of the entrance provided the City grants a 20 foot easetnent for the purpose. By this action it will provide the snggested buffer and keep the brush and blackbeny bushes 1T0m blocking the visnal problem for vehicles exiting onto South 312th. Our revised plan is attached. ( 6. We think that this plat will enhance the area, improve the existing access for property owners, and improve the water quality entering the wetland. This project will also provide a regional storm water holding pond for the City, and preserve a beautiful stand of large trees, expand sewer access to other properties adjacent to this location that are currently using septic systems. There has been no opposition 1T0m the public or other regulatory bodies to this plat. We respectfully request tlIat you approve tbis plat as amended and grant us an easement so that we can create a beautifully landscaped entrance. Sincerely Yours, ~~ Walt Schaefer, Vice President Enc. c: Mike 11lOmas, City of Federal Way Planner Touma Engineers File EXHIBIT 1+ PAG E 15 OF 2,'1 "I ( I '\J ( I .'~ " 'p.. 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"' ': BLACKBERRY HILL A PORTION OF THE N.W. 1/4 OF SECTION 8, TOWNSHIP 21 N., RANGE 4 E~ WM CrTY OF FEDERAL WAY, KING COUNTY, WASHJNQTON /__1 I / -- ....~ I _L aIM! DAT'" . LaI' ACCIIIEIIIIE8 . ~ 0 2t1 4Q 811 120' II II . II § . Tr\AC1' A CI'EN .ÞŒ "....... --- """"" - ..",.... 7 IlCAl..lõr..oa I..EŒN) ;£ , £I.#--r- ~"....".,, :m OF' FEDEIW. WAY R..E NO. as 82-0004 ED 0_"""""",_"""" .-........-... ..... .... ~ --. .."... I ~... ~.... II i III . .. § . a 5 , LEN and ENOtEBW:J 3721 a - ST. ~ WA 88JO (2S 174-09 SlEET 1 OF' 3 SÆETII ~ I Ii! BLACKBERRY HILL A PORìlON OF THE ti¥/.1/4 OF SECllON 8, TOWNSHIP 21 N~ RANGE 4 E~ WM. CI1Y OF FEDERAL WAY, KING COUNTY. WASHINGTON ... --. """""""" ...." '" CUM - -- '" .... .-..s . """ "'M"""""""- 0 ~""" M ".,.."'....-. 0"""_"5ET"""""-~ !2~:N: j~¡ .-711_tÜ_üI':/ ......"" /""""",,~..._...rr _"'T ~dL. ------ .:--~':':::'" v.~ Ru,~~r ........ """""" ""'-WES""'" lie. ~ STAtE OF ........"". 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""" "" ..... S>OU ~'" A TI" UNCMD£!) """'" . - n= .., .... "" OWNERS S>OU ",""",""""""'-""""""""""'"""....,"'...,,,"'...., APPROVAlS DÐ'ARNEHT OF COYYU"FIY I)£';EJ..OpYEHT 0-.._-"'-""""- "'0 """"""""'OIIECTOR -----"""'-"" -=- '" ..-..om """"""'" - WAY CITY COUNCIL -----"""'_"'0 ~..... ""'" """'" WA' A"'" """"'" lONG COUNTY DÐ'ARNEHT OF ASSESSWENTS 0-.._---""""-"" """"""'ASSESSOR ""'"""""""""""""'" """"" ..... FINANCE DMSION CERTlF1CATE , <OE8T CÐmO"< ....., .... """""'" ..... "'" ,.,. ""'T THERE "'" NO 'w.,,"" """" .........,.. ........ TO ... oma: "'" COUECnOH - ....., AU. """" """"""'" ....... 10 ... <>met "'" """"""" '" "" '" TH[ -.. ....... """"""". ......"" "-""""""""""""""""","'.....n.u. THIS_.."", . ,.... ""'"" ......... """" ...... EASBENT PAOYISIONS NÐ 1E8ERV" 11ONB --"'""""""""""""""""'10"""""""""""""""""""$0 SUIXESSOR . 1NTtR£S1. S>OU OWN AN. ........ "" tmU11" --...... """'....., AN. OESC>O"".......,,'.AIT' """". """-"', ",..." AN. """"IT WAIT' AN. S<WER .., ."". """""'" 1OCETH£R """ TH< ""'" '" """ IIU>UNNC.WAU."""""'.""". S>OU - 01U. ~""'" " """',""",..""',, THE OROONO """" TH' ........."""""""'. 6UM:YOR'8 CI3'tTACA lE , <OE8T CÐmO"< ....., - ....., '" "-'<k8ER>T< oou. " ..... ""'" AN """" """'" - .........,. '" SEcnoN o. - " NORTH. """" . EASO. .."" . .... COUH17. ---'-"""""_oosr""""""......"""""",,,-,-, .."'" ""'- " SET AN. THE LOT COONERS so",," co..'m. '" THE '.0"'" """ THA' , A.U' COWPUED """ TH' """"""'" '" "" .....""'" ""O<MT1ONS. ¿., JY .ßA-~ """",. """""IT"'."'" CITY OF ÆDeRAL WAY FLE NO.""" 02-«>04 " ~_""'NO,"""""""""'_"""""""NO. '.""""""""""""""'.""""""" """""" """"'" '" "'" """'" " ŒEOS """""" UNO<R NOS. """"""""AN'",,",,",,. PARCEL e, "'.CEL'. """""""-M""""".~UNO<R """""""'0 ,.,,=-""""'.....,"""""""""""""""'" """""""NTTO- COIM17 ......... COURT """ NO. <7-2-<>""" EX"'" - NORTH '" Fm. AU. "'"'" 0 THE """"" '" """. SW[ '" """"""". PlAT NOTES ~ ......."""""""""""""""""-""......_"""""""'. ......... """" """""'" "'" .-. """""""/TJO ......NIT S<WER s>ou ,,""""""--""....... "'..... """"""""'............ """""""""""""""'""""- EXHIBIT ~ PAGE~OF ~ I I~ :!72I'¡Zi2ndsr. AU9l.RO<." .... C2SJ) 174-O1!i11 SlEET 3 <F 3 BIEET8 - --- ..- ------- - ------ -------- - --- -- ---------- en ~ 55 ~ 1ií ..- en ~ "6> J: () '<= .0 ~ -- ---- ----- ----.------------------------------------- ~ N Federal Way CityMap Exhi bit D BlackberlY HU I Vicinity IVIãp SCALE 1: 9303 ~QW~ =m~~ ':;e~s¡., ~":io"f"s~ my fiì!~f/:IR~ ll~ lit; L"J û U RESOLUTION NO. 1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF BLACKBERRY HILL, FEDERAL WAY FILE NO. SUB 98- 0002. WHEREAS, the preliminary plat for Blackberry hill, city of Federal Way File No; SUB 92-0004 was approved on September 6, 1994, by Federal Way Resolution No. 94-182; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 94-182 and in the August 12, 1996, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant has submitted the application for final plat for Blackberry Hill within the required time of receiving approval for the above referenced final plat; and WHEREAS, City of Federal Way Department of Community Development Services staff, has reviewed the proposed final plat for its conformance to the conditions of the preliminary plat and the Federal Way Hearing Examiner; and WHEREAS, the Land Use and Transportation Council Committee considered the application for final plat of Blackberry Hill at its November 2, 1998 meeting and recommended approval by the full City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: ~HIBIT f P'AGEJ_- OF II Res. #-----' Page 1 Section 1. Findinas of Fact. Condi tions and Conclusions. 1. The final plat for Blackberry Hill, city of Federal Way File No SUB98-0002 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 the substantially complete application. 2. All conditions as listed in the Federal Way Resolution No. 94-182 and the conditions in the August 12, 1996, 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 se~tion 22-133. 3. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted, or will be accepted, prior to recording by the City of Federal Way as financial guaranty for maintenance of all required plat improvements. 4. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. ..~ ., EXHIBIT ~ PAG E_~._- OF 'I Res. #-----' Page 2 Section 2 ADDlication aDDroval. Based upon the Findings of Fact, the final plat of Blackberry Hill, Ci ty of Federal Way File No SUB98-0002 is approved, subject to satisfaction of the maintenance conditions that are required by the city. Section 3. Recordina. 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. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 1998. Res. #-----' Page 3 -EXHIBIT € PAGE__~- OF t¡ CITY OF FEDERAL WAY MAYOR, RONALD GINTZ ATTEST: 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. K' \RESO\FORM. 11\20\97 Res. #-----' Page 4 EXHIBIT €' PAGE___ILOF ~ .~ c ~. ~ ,~ I .{ . . / CITY OF FEDERAL WAY OFFICE OF THE HEARING EY~INER ------- IN THE MATTER OF: BLACKBERRY HILL UTILITY PROJECT PROCESS II FWHE# 96-12 UPR95-0033 I. SUMMARY OF APPLICATION The applicant proposes to locate a sarutary sewer line and a biofiltration swale within a wetland buffer associated with two wetlands found in what is known as the Teabos Depression (Exhibit A). ß. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 30, 1996 August 12, 1996 At the hearing the following presented testimony and evidence: 1. Michael Thomas, Senior Planner, City of Federal Way 2. Walt Shaffer, Applicant At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attaclunents 1lI. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the premises, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general [IDdings, applicable policies and provisions in this matter and is hereby marked as Exhibit" 1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code. 4. A Mitigated Determination of Nonsignificance was issued by the Environmental Official EXHIBIT ~ PAGE_L OF tf / 5. ( <: -2- on May 25, 1996. There was no appeal of said determination. The plat Blackberry Hi!! which is situated on a 2.34 acre parcel immediately east of the subject property received preliminary plat approval on September 6, 1994. At the time of preliminary plat approval the City Council also approved, as part of the resolution, a reduced wetland setback to allow for the location of a cul-de-sac which wi\1 serve the subject plat. The approved design of the preliminary plat had the biofiltration swale located in the northwest portion of the site. The sanitary sewer line was to be extended from the south under S. 3 12th St. and across to the plat preliminarily within the street right-of-way. The applicant is now requesting to locate the biofiltration swale and a portion of sanitary sewer line in a different location than what was previously approved. In order to locate the proposed facilities within the wetland buffer, the applicant's proposal must be reviewed and approved under the City's land use review Process II. The decisional criteria for the Process II review is set forth in Federal Way City Code Section 22-1359(D). The criteria is as follows: A. The proposal will not adversely affect water quality. The location of the sewer line and biofiltration swale within the wetland buffer will not adversely affect water quality. Run-off from the plat and cul-de-sac will either be directed through The biofiltration swale prior to discharge into the Teabos depression or be routed in catch basins equipped to cleanse the run-off. To prevent against possible breakage and contamination of surface water, the applicant will be required to use Ductile Iron for any portion of sanitary sewer line located in the wetland buffer. B. The proposal will not destroy or damage the significant habitat area. The buffer is vegetated by alders, blackberry bushes, scotch broom, and invasive grasses which provide little habitat value. The addition of native plants and shrubs as identified in the mitigation plan will provide the potential for increasing habitat value and therefore the proposed intrusion will not adversely affect, destroy, or damage a significant habitat area. C. The proposal will not adversely affect drainage or storm water retention capabilities. The Teabos depression has the capacity to adequately retain storm water run-off from the surrounding properties and therefore the intrusion will not adversely affect the drainage or storm water retention capabilities. D. The proposal will not lead to unstable earth conditions nor create erosion hazards. Those areas disturbed by earth work to install the sanitary sewer by a biofiltration. swale are required to be replanted with vegetation to reduce the potential for erosion or sloughing. Any earth work must adhere to engineering standards adopted by the city and therefore the intrusion does not appear to lead to unstable earth conditions nor create erosion hazards. E. The proposal will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole including loss of significant open " spaces or scenic vista. The site does not represent significant open space nor does EXHIBIT ~ PAGE~OF !/ I / " 6. r ( ( -3- it provide an opportunity to view scenic vistas. The proposed facility is designed to minimize any affect on adjacent property owners. F. It is necessary for reasonable development of the subject property. The proposal to relocate the plat's detention pond and sanitary sewer line is driven by several factors including, but not limited to, the fact that the applicant would have to sink the proposed biofiltration swale on the plat to a depth where it could effectively collect stonn water from the plat resulting in a large hole prohibiting access for maintenance. The proposed location also provides for easy maintenance access and lesser earth work and therefore appears to be necessary for reasonable development of the subject property. Prior to obtaining Process II approval, the applicant must establish that the proposal satisfies the criteria set forth in Section 22-443(C). Findings on each of the criteria set forth therein are hereby made as follows: A. The proposal is consistent with the comprehensive plan. The application is consistent with the comprehensive plan policies of mitigating for impacts caused by development and using wetlands as regional storage facilities to promote aquifer recharge (See NEP 11, NEP 37, NEP 41, NEP 42, LUP 7). B. The proposal is consistent with all applicable provisions of the code including those adopted by reference from comprehensive plan in accordance with .the adopted administrative procedures. The City's Development Review Conunittee reviewed the proposal for confonnance with all codes including provisions of FWCC Section 22-139 regarding intrusions into wetlands and found that with conditions it would be consistent with applicable provisions of the code. C. The proposal is consistent with the public health, safety, and welfare. The review of the project did not identify any affects on the public health, safety, and welfare. The areas of primary concerns such as water quality and loss of wetland and buffer have been reviewed and mitigated through the applicant's development of a mitigation plan. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. { The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The applicant's request to locate a sanitary sewer line and a biofiltration swale within a wetland buffer with two wetlands found in what is known as a Teabos depression should be granted subject to the following conditions: A. The applicant must secure from the City of Federal Way, Department of Public EXHIBIT f PAGE 3__0F ~ . . B. DECISION: ( ~i¡i' -4- Works, Surface Water Division, an easement for placement of the san"'1IY sewer line art biofiltration swale. To guard against breakage and possible surface water contamination the diagonal portion of the sewer line (that section that traverses through the wetland buffer) must be constructed of ductile iron. The applicant's proposal to locate a biofiltration swale and sewer fIDe within a wetland buffer area should be approved. . " '" ... EXHIBIT f PAGE~OF f ----"'=-- .L33HS H3-\O.? I'/YO1S ONI' 9NIOl'IJO 77tH J..HH38>t:J'r/78 - -... :. -= :".:'" ..:: ::;; 'i' "§ i' ,~ ~~ v i§' ~fi a" I~í Ih d!d! ~." ""I " ' ,¡ '.' I '~"'~ ~I~~~'.I ~ ~ 'ihH!I ~ ~ if ~:u ~ hH~~jU ~ BHHH~ .~¡ ~ ~ $ ~ : i ~h~~~ gal¡iU HUdU ~~n~I.~ dllluh e ~ ........ ¡ ¡ ~~~~~~~~ ~ ~ ~ BH!~ IIIII ~ i i! . ,¡ ¡.; ~ III! .~ i~§H !~!~ Itl~&.' ~Ii . ~ hr. ~ slk' ~UU ~mä I DI,i I ~ hi! I ~ ¡ e tI ,. '. i! ~ .\ , '\ I \ ~ " '" ~ \!¡ >- ~ ~ ~ ~ ~ ~ ê ~. ,,"'.. -¡¡¡¡;¡¡¡-...... ¡¡¡-- - "a. êl~~ ~ ~ i~~¡ ~ . .~! g~~l 2hl :!~ ~~i!. ~ij';;~ td 9hi~ 81i~i! h. ah¡~ ~~~¡I ~I¡ ¡;~ael .~ e ~ < .~.. 5e~.t e ~ ~'~5a ê~~§~ ê"~ .\!~§~ .~ÒU. ~ . Ò".. ~\!'~' ~~. '~~at glo~a; ¡¡Ii H~~ ~ ~ ah §.~ lh~ ~ ~ §~~ ~~! .t~~~ ~ ~~~'~ ~iÈ i~~w' ~d' .;å ~UP g 9\!ld g~i ~dl§ dÝp I EXHIBIT m~, tPA<PE~O .) U - ~)., ~I <3" \ ~~ " ~)" II ¡ 'I .. I~: "' - I, Þ. ì." a~¡ ,I . S ,~ OJ -. ~! ,-, - ¡! ~~': ¡" .,j~! ~ ! - ".~ .~,.-...,. ".-."'~ ~ ~~B ¡ ~ ~~ ' :h ~ !! i! I! ~i ~~. ~ B. ~!~ dH I, I~ Ii I! 'r¡ ~ m b w§ i Ii! !I I! r la ., ~~~ ~ ttt Ii! ~Ë ~ ~ Q J~! ~ ~~ ;~ Iniv i !: m ¡¡~. ~ ~ ¡~.~;,. II =1 I. ~ .,'" -;:"':'j ...." ~\\\ \\\\ \\~~ ~-===--==T " ~~ ¡¡~ <> ~i ~~ '" ~ i ;;¡ !, ~ i ~ ,!,,-.'I, Ii ~ ' ;; .. ", ~ .. ~, to '" .. !: ~ .. ~ ~ " .. !: ..>- :>", S~ ::"" 5:5 ~ê '< .-- _...:.-::::...)., .--a N't1cJ 7OIJlNfX) 7'I1NOZIWH 77/H ).¿¡¿¡38>K)V18 \. ~ e i li~ Idld ! I h II :1 Iii :II~M Illm~ I~ Itl; 0 .. .hh=¡',". s~ 'n- 11111 I" ; : ¡ ", ~ . . .;; 5 II> I' , i i i I I" ----~_.Ir_-=:-_-- -~J 1 ~ -'- -; tlJ- J.331JlS HJ.l:¡£~ "..... ,,' --J ' '" ".' I, ; T' '!'t': --:"~J-',. I' , .! .c~ . l/, I' I ..1" ,1" I I~"r I' \:"::(1' : I I ä ..' J I I I t ¡ ~.! L~ J : ~j .<~ I L I Ž. I" ! r -:~~F~j : II :fJ \i I Ii '. Ill" I !~ L il ~i' ~ lid I ~.- {8 ~ÌaÍ I m~1 ¡Ii I !Idbl! I , ---AU!!.-__L- - - 5 h e I I '."-. b:!dii ii,h!~ !!!¡ ~ ~h;~ ~:: hillhl hit Iii!;! ~I~ ~ ~~B, IT ~ :i1!~' ~~¡ S21!d. a.i. , '~ G- OF~ rs:sJ ... 0: i'!: ~ ::; !!I ã , I~ ~: ~ ~I i -- -..-..._-- EXH I IT Go- PAGEL3_0F ~ -- ---....--- - -s. ~-===-=:a:... ::Ii?; ~~ () oJ?; .,~ ~~ ~ ~ . "~M- i .. ¡ e tIS ~ ~ ~ :;. -- S31L.JO~d 3!J'tN/VlJO NJOJ.S " DNIO't1/9 77/H ).¿J¿J38>IÐV78 , ¡ _':18' . ¡~:I - I ;mi ~t . i 11 : r ~1 ¡.; II ~ ~ II 1~ ¡Zt i= ----' ~¡; . - ! 1 . ~ v - ~ . I 1 ~ t¡ ~! ,!.~ "', I ii ~I ~I r ; :i ! ~~ . -L <4 /,7) i ,n- M ~~ . - l {fJ n ..1:. Æ H 0 --,,~- ~ ~ ~ ~ ~ i .. ~ :!s>- i ~~ M¡ ~ê ~ ~ t - , ~.....- I:-._.~-.- ..---...--- . " ,.----.......----- -'" "-t-~ ' -~-.. ~ Pi b Ii II f , ~~ ~. Ii if! !I~ Sf! n Irb I!;! ,_"",..m_-+--- "¡-m: - ...-.. .._----:--- - ..-'----¡¡+ 'No.- !-... - Œ....................,.'.~........',......,..r.'..:..','..'.. :......";;"í"'" ~.~ ."....,,! L-,~'---.I ,~~ -~-.~. CEMENT CONCRETE VCR TICAL CURB AND CUTTER GE:NERAL NO7[S "',."..._--,-_.._,-,.. " A PORTION OF THE: SWI/4 OF THE: Nw. 1/4 FE:OE:RAL WA Y , ::"":"'.~-..::'-=";"'.::":-'::::,:"':M æ £' i..'=L';" ~ ~ ..::..-:~" ':' .:.~ , æ.F¡¡';E'-.E:?-~':'~'='-~~':' , ~:?::a~::?...:Œ~~"..~;:=~M- , '-~~-~~'..M_"~__- ..~ , <:::::""':::;':::;U.'\:'-"':.::.~':'.~~-""-~-' " ""--~""'.""-~"'-'--" "vr__".............-."",.......... -'w- -'m..........._."",~...... A - A TYPICAL SECTION ,=.~~, ~~I..) ~ , '~-~=~~~-==;,.....;':...- M , =:"::l::::':::.=-':~_"":..-::'.~ æ:£~~::i~ :::~.=v. ~ -, 0 U\~ r---r-- 0 ~I<i' SE;cnON (J, roWNSHIP 21 N" RANGE: 5 E:" w.M, WASHINGTON RGiOVABLE: _LARD Ii If F~_c~-=::J. ",I 'T'T'T' 1/ --- ' n n 11-I1..j["~'~"~!1! ~!d ,- "--,- JJ~.,.l}_~_, i~__,- ~ a:;.'-::O;:;;:--- BOLLARD PLACÐ.IENT ........., NOm; ,. -_.~::\--=....-- m:.¡;"--"":"-""_~,=:'"- =.:=tJ"-'~M_'_',_-'~~ . ----~--~---~ FIXED BOLLA/!P -~,~J:':=""': . --~._--~--~, . -.-------- ,~--~. , ---,.- DRIVCWA y. DETAH:."" ~...:==.-:.=¡=:.r::-~~ "'-,~--_._w MAILBOX MOUNTING DETAIL '{II " I " .. ,. ~l': 'In ~: ~ -.J~ :::!o'¡ :J::", )...'O! Q::~ es~ ÇQ~ 1š:¡¡ <;:o'¡ 15'" ~ VI ... =$ A PORTION OF FF:OERAL WA,.. THE SWI/4 OF THE Nw. 1/4 OF. SECTlON~'TO.. IP. 21 N,. -,'., -.I. ::::,..=-..~~-;:. -....... ---- ~::'...- . ~iB Æ . ~,- .. ,.~. ~DI ' r;::;.~ I ""';'J .._,. ... 'l:I'A~' PLAN IoI"W - ~;::>='" ... ORAINACE NOTES . -=:;=-';;~__«__.H'"-.H , ~::"'~.";:'f':.,-":::"~-::==. =r-.z..::¡:"':=k';. ~~Þ":,-:"-:-':::"~'m""- . '~--«--_~<'_'H'_""'_- -~- . _.-..,~~-.,.~--~-..~~ .-. "~R_"._'. -*<~._- ~ .-... ,~~ .=.~ .. . -. .~-"'~- ,-" -*<...-.- . ~.~k_-n__.____.....,. .--~H"_W'~.'H___~'_~- -".~.-, . ~~,-_.~~._~..-..._.. ~'-'._'-""'-H_.H H<*"H.-.H'~__'_*< ~- .'_."~H_'" :::.....~=~:::',,::.::. :==:':-:'=-=!?': CtJ " CA TCH BASIN TYPE /I I ,.'. ..", OI'L/WA"" SCPARA""'." " ., ~«~.:;-:':~.J:'.~;;i\~"='=~.I]" q ::'~.:.7::Z=";;:~"::<':...~--_..- " ::'~~~_._~~.~ ,- :::.. ....œ:-S q ~ '11F~~;i,::J~;:::' .':tt'1':'::r:'~~~- " f!,:::'~--~'-«-~'___"H ~""-,, .;.,-~ . ,,-'- -.' , --- -,~- ..J.L _.~=. .""on, - :.. '~ =-~ ~ TRASH RACK DETAIL ... BIO SWALE: CROSS Sf'CTlON SECTION B-B ,'" -J:'~ "'" '0"'""" ~,=.-.~'. --=.-..-- ,...,. ..- ..~- _..~ ~..'~. m--M .- RANGE 5 E., w.M, WASHINGTON INTFRCE:PTOR SWAL" EAST PROPERTY LINE ',' --- -- ~H~.H~.H""H"H.~""~' -"'-'_"~-~'H .",...~..~.._..u, .....~"""""- SEED MIXTURE TABLE: ( FOR BID -FIL TRA TlON ) ~' ~I- ~~~~r.....::~"""') ,~ '""'" In,""", ""NO."'" ,_............""'" -~'~"~-' I""'" .. "'"""'" i ITYPIC1L CLEA.NOUT DETAIL ~L r DRAINAGE TO 'OM SYSTEM "'I~ tA1~ 10 810-FIL TRA TlON DITCH DETAIL ""......... N. , . <>«- '""'" (8","",' ~~ ". e ~ ... .. .. ,.. .. .. ". .. ~ -n i ;! &1( ~ I ~I -.J ~ >- 8ê lß. ð '<>:: ã3 ¡g ~ o\ '" .,¡ ~ ~ ~ is ~ ~ '" A PORTION OF THE SWI/< OF THE Nw 1/< OF FEOERAL WA Y 'ION II, TOWNSHIP 21 N., RANGE: , E WM. WASHIIGTON ",,:~;;,~A:/~ ~ j¡1~' ~S - '" . ..' EL - "'.00' m: SEDiMENT ,"AP om~ SHT. or. . """~AY OCTA< SHTO "" . ~~ OII_'..,A"/ I 1--.:' .,., I I I ~..T'.sß'r"i'or. --I~Cl1"" CN"'AHŒ roo' x ..' x " ""0< ,-- .- "(MR'" SPA'" S£< OCT""- SHT . or . ~I (m>.) -:;;; m'l: I Cf- ~ S¡>~p:'u_' ; ¡>f-"¡ G~ CI.<ARIN. .G"NI~ !1 O~('.~ (T":"j:..-:-,,----' ','),'1""" ~ /'I~ . .. -:..¿, --......- . ..~'x;. - ...IF ",rtIf':' l ~- I ""'" ~;e~f; I "", ~ .;;',!^::":':::~G ""'(~!'~ ~"A<' ~/ z=- .- ""'RR' SPA«S 100 "'. "-GOO 'IHC EL - "'", (m>,) EX, GRA VEL ORIVEWA \'S TO, REMAIN IN USE DURING CONSTRUCTION . ... . ,-,-- ~ SCALE: ,. - <0' '1J rrU Þx Q:r; m-- , m ~~ , I 0 " ,~"N ~~~Nw'~ ION PIPE RUNS AR, PERMANENT INSTALLA TlONS, INFORMA TlON TO CONSTRUCT LOCA TED ON SHT J OF 8 .. ~"=--~._"'~'_NW",,'_' -:;':c:.~.~..;:~-~'- -,~---""-""'" DN~"""U ::::,c;fi' ! I ~ I HI ~ tl ~ n . I ~! :>: "'" ~ -'<5 ~~ >-""' O::~ 85~ CJ:)e¡ G>. :s~ CJ:)~ ~ . ..-..-.---.......-..- cONsrucnON SEOU(NCC NO"'S , --_..~---'""'-~_.~O" ~~. """M~_'._,~ A PORTION OF THE SW1/4 OF THE NW 1/4 OF SECTION 8. TOWNSHIP 21 N.. RANGE 5 E.. WM. FEDERAL WA Y WASHINGTON , ""~"~_.,--~ , ....._~.'""'-~.- . ~,,~~- . =~d::tm:?r:'¡'E,z:..:r..~-"~ . .,..--.. . ~:.-:;;"¡:.~."1?'-'-"'~~.ro , -~-~-*'-~-"- . :~'I:"'.r~~~~~'Io"'(;,J"i:I-.-".~ " ..... .- '" .....".. ....... u'w, .'a~. ~. .,_... "'" -... " """~'",~-'~"""".Ð,"",'~ " ~>::: ~"::r':,g;."""'--~m'::"" " ~~--"WH" "....."".~~-~.""""",,~~ " ~7'..w.if'.EJ:g~::':"'~~':""J:.:::'.'"':., " ""~H'_~-'~~ ~ (j) m- ! OJ ¡ ~ :'!f'MEN T ! TRAP OUTLET DETAIL ,ïlltr cA / '."'4J~. :;:;..- -{--~f ~.2. ,'- , "'¡;"'I&."""~ " Ii Ii " il . H~_'_~"-~_.,--,-~, Iii roH_.._'_ro.__._~ - I .::',.,~=""~':."~.::'":""::"='J:i"~"I:o. 6 ,:7:::='::':::'_,~._-- !.. ~:,¡-;<:,;::~::::.::~.=':..;-~=-~ :;¡', , ._--~._-_.,.__..._. ---~'ro_-_.ro.._-~~ , _.._,-~~_._._._- -'---'~--'ro_-- ~:,..;:.=~w:'::"-::'::'-:',,¡;"=..::'. ~~:r-' :,::,';,:::,-;:¡,:::,u_----- ROCK CDNSTRucnQN ENTRANCE [ 'Jk':.lWl'-- ' ;~i.~-á.~~.=~;"'::' . ~~'31i~~~~~- ~ -.'-.".._~"" --- ...... .....'1!'~....,.......... ....... :. ;;~=-,..:.:;;.-.=;~;;;;~:"," --- "-....- .~- "'¡;"'/IU'/'¡" . 1:'..-::.~"I'::.~=---:=:'¡'~-:::"~~ ç - ----_.__m.. ---. ~- . c.-:::;:,-- FILTER FABRIC FENCE OETAIL ..- '1\1"'. -.. .. . ANONOTES ." I> "OStON/S£DIM<NTAn"" CONmoc. NO"'S . - CATCH BASIN / TRAP ,. -~--_._--~-~. - - ø. _.~ -- _. ~=i(,~~ ~~; =,~~- ..¿..t .ð - . H_'_~_~-----,---- --,---._~._~._-".- _._-,- -- .. --- - -- -- ~- .... .._,-~._._--_..v -~..,._-~ --~-~._.- ._--,~.--,.. ~ ~=-.._. ~.~~~~ ~._.~~- INTERCEPTOR SWALE DETAIL . --~-~----~-~--_. ~._-_._------~~ --~-~-~-_.._----~- ."--'-"--=_"'-~H_'_.- - ~ -~~~---~-,---_.- .~-~--_...o~_._.._.,.__. =:':_~.'I:.':? "::M..~":' ø-w "'_._n_.._wo_.. . -~.~-~-~----~- :æ:~r:-.-=r~:::¡;;'=:æ.:=-.u¡;- - . -~..~~_.~-_...__._.,,-- --~_.._----- t= ~"7"- "£'.::= T-: a."¡f-~.ÆT' - . -_._~-~-,-~..~--..- -'-"~~ , -~~~-_..._--~---_. _._'-~ø._---~_.._~. .. ..-------.--.-----. ._..._-...._------_.~- - ...- -~-~._-_..__._-- ..----...- .. ,---_..._--_.~.~.,-_.~..- ------.-,-.- --.-- -_. ---'-"'._ro__....._-~-_. ~---_._--_. Ët:?:.:::"7,:;s:" ,:.:- 5" ~~.E\!1!.::i. ~~ ~ ~:r.;g;:~;~~~J~~':' .. ----.-----....-- ---.-....-.......----.. _.._m..._,_- ,-....----...---..-..-..- _...__._~ " -_...,,~-_._----- ---~-"-'-pX'-...~ -,-. .....- - ~~ . I I i CI OX . I ~I I, ~ -.~ ::;:i~!/) ..... <>~ }..~~ ~ gjo\ 1..a.Je:¡", Q: >- .,¡ ::'¿Q::~ ~~~ ã:j~ ~ ... ,-"" uuo.œ__.___,...---."" -...- -' -_..:-..- ' ',- ':IN! 'S31'li'1:JOSSV 'nJ~31 ""/'" mH- HVld ><UVl3œ"'" XMI.1JS ONV1"'" Ii " ~'::'-:::~~èJ......q- 1/ Ii fill ~JI IiI U 1 J /of' 'I. J / ", -:- - - / I "./ - --', /¡,.I,"í:;, ,I) ,. 1 /, ¡, ,0' I. /'If, - / , ' ',f\ . J/I ; ,. / '¡i,;,' I 1/ /'¡/il I' {, { ./ , "I' / / " ,'I I 1'1 '1,1 , i ; / ' , " ;' 1 I " I 1 J I, f r '1 , :/,' {/ ' "" ,. . I -,,/,',','/ ~~::~,~L t::/f J (I , (,I . t I f of , ':, J t I ! I I II I) "~'/{\I II I PI I I H If ' \ 1 , , ( ! 1 d II I 1'1 , I' 'I II f I; "II: \ >11,1111 '~:'¡'I ~ \ _\r¡ . L, \ I -'~!~~o~:~~~ -----.- ----- ----- I~-- ~~~j \'" / j' '-. HUH H f !! lItl 1;1 PI' Ilf PI! H ' ,Hit! I If f If "', ',1 t II I II ¡Ill!]' j'I!¡Jljillf!i'Hj tiltH II if f 1 II ¡hI HI i! f Ii flf !f ¡¡Ijlfn 11;lt f!ij'lilf!J!i¡~Jr!1 Î¡:{:¡ifl j! Ji Ii ¡ Ilf bh !I! III! lit ill¡'1 :¡ '-,I fJ'l 1, I, I ,I III' rlj 1111' If,!. . PI! Î¡ if!!; Hi 11,1 III j! f 111 ¡iil Ii, I Pllull' if I' I if! HI I" ¡,f, i I IHi ',: mIni it f IiI! ',ft ¡ 1 HI ill! }{J¡ Hi! J!¡ Ji:1 jd III Jill 11 11 1"'--'-' T~. i . ,. i 'J ~ 1.(, ¡ í~ 1¡¡ i ~ j . É ... 1m 111 HI If I i]! I , ? f I EXHIBIT PAGF..lm 0 ~ MEETING DATE: November 17, 1998 ITEM# ~ Ca-) """"""""""""""""""""""""""""""""""""""""""""""""""""""....................................................................................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ... ~ .fJ..IJ.!,~ÇT: ..J,?il1..l1~ .Ac.~c.p.!II.Il.c..e/~.1l. g.I)I1...J,?II.111.~Iy'..!.11. ~lIt.r.~........... ............... .......................... ....... .................. """"""""'n CATEGORY: BUDGET IMPACT: _X_CONSENT _ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ................................................. .A :r..:r.AÇ.I:I.~~.l'I..!~ :...ç9. .u.J1.~i.1..Ç().I1p!l.i ~tc.<,: A.c.~i 9.J1..£ (),tpl..<i.¡¡~c..<i...I:'I9..\' <':~ .b.c.~), ,.122 ~;. .I'!95 c..c.~. ç9.~~~ n SUMMARY/BACKGROUND: On October 21,1997, the City Council approved and awarded the civic theatre construction bid to Kassel Construction. The scope of work involved the renovation of6,500 square feet of the existing chapel and the addition of 1,500 square feet for construction of a 234 seat perfonning arts theatre, rehearsal hall, dressing rooms, backstage, lobby and reception area. The final construction cost for the Knutzen Family Theatre is $2,641,636.50. The project is complete and within the ..1IP.P.~()Y.c.<i...Þ.ll.<i-.gc.~.9.q.~A(j,?/J)2:..:r..b.c...P.~()Jc.(;.t..~':l~..~1l.c.~c.~~rlll.1Y...c.(),~plc.tc.<i...().I1J.u.b'}?,.122~.: ........................... CITY COUNCIL COMMITTEE RECOMMENDATION: On November 9, 1998, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to accept the Knutzen ::~~i~~~~~~~~~.~:~:~~::~;~~;;~~~:T:::~~~:'::::~~~4~~;~~..:'.~.ð1Q¡r'" APPROVED FOR INCLUSION IN COUNCIW> 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 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: November 3, 1998 From: Jon Jainga, Park Planning and Development Manager Parks, Recreation and Cultural Services Department Subject: Final Acceptance/Knutzen Family Theatre at Dumas Bay Centre Back!!round: On October 21,1997, the City Council approved and awarded the civic theatre construction bid to Kassel Construction. The scope of work involved the renovation of6,500 square feet of the existing chapel and the addition of 1,500 square feet for construction of a 234 seat perfonning arts theatre, rehearsal hall, dressing rooms, backstage, lobby and reception area. The final construction cost for the Knutzen Family Theatre is $2,641,636.50. The project is complete and within the approved budget of$2,662,019. The project was successfully completed on July 22,1998. Staffrecommends approval of the Knutzen Family Theatre project. Committee Recommendation: Motion to accept the Knutzen Family Theatre project as complete and forward to full Council for approval. KNUTZEN F AMIL Y THEATRE PROJECT COSTS Kassel Construction A&E Parking lot Sound/stage rigging/lights Inspection services Signage Abatement Arts Commission reimbursement 2% for the arts Miscellaneous $2,219,847.22 240,471.17 65,000.00 44,667.01 8,461.1 0 1,994.31 6,807.05 3,623.05 34,000.00 16,765.59 $2,641,636.50 Approved Project Funding Sources Utility tax bond Donations King County Arts Commission grants Opportunity Fund CDBG Carry Forward Adjustment $1,550,000 407,490 245,000 302,000 5,000 152,529 $2,662,019 MEETING DATE: November 17, 1998 ITEM# 'Z- ?() . ....".."....'........................ ."""."'."""""'."""""""""""""""""""""""""".""""""""".""""'"..... CITY OF FEDERAL WAY City Council AGENDA ITEM . ß Y..13. ~J..~; ç.'.I'.: }!'.~11.~! .A..I: c. ~ P t.I1.~ l:.e,[J,> .Ii! {,~~ g ..I;~.II ~ ..JJ:. ~ p. 11.'1. ~.i () 11. 00 Ii.t. J?1J..1I1. ~~.. ~ II: Y.. ç.~ 11. ~.r. ~u.... ... ... ........... CATEGORY: BUDGET IMPACT: _X_CONSENT _ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingeucy Reqd: $ .......................................... .. ........ ...... ................ ......... ...... ...... ....00.... ..00.... ....................... ...1\ T.!.1\ 9I.. ~~ ~.'.I'.~.:.. .. .<=. () ~ <:, i.l.. <=..0. .111Pl,Î ~t ~~ .:!\'<:' ~i () 11...J.<. () ~.ß¡¡ ~ (:.~.. J:'I.() Y. ~111. Þ. .~~} ,J. 2 2 ~......... 00.... ...... .... 00""" ........ """""""'" ..... SUMMARY/BACKGROUND: On September 17,1997, the City Council awarded the Dumas Bay Centre parking lot expansion project to RW. Scott Construction. The project included 60 new parking stalls, new surface water drainage system, regrading, new underground utilities, new water fire main line, 15 new parking lot lights and new asphalt overlay. The project funding source was a combination of Parks crp ($204,192), King County CDBG ($44,838), and the theatre portion ($65,000) for a total project funding source of $314,000. The total construction cost for the project is $298,944.70. The project is ..<:,()æp'.I~t.~..~~.,tIJ1ß.e.~.~(:..~lI.~ge.~(:.~..<JP1.()lI.l1.~.()r~(:..flI.l1.~i1,1g..~()lI.~(;.e.:... .................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: On November 9,1998, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to accept the Dumas :'.~;~~'~=:~~~~~~~~:~~:~~~~:~~.:;~::t~;::~;~~~~~~::~;:~;::7l~6lYl:... APPROVED FOR INCLUSION IN COUNCIL L PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: November 3,1998 From: Jon Jainga, Park Planning and Development Manager Parks, Recreation and Cnltural Services Department Subject: Final AcceptancelParking Lot Expansion at Dumas Bay Centre Back1!round: On September 17,1997, the City Council awarded the Dumas Bay Centre parking lot expansion project to R.W. Scott Construction. The project included 60 new parking stalls, new surface water drainage system, regrading, new underground utilities, new water fire main line, 15 new parking lot lights and new asphalt overlay. The project funding source was a combination of Parks CIP ($204,192), King County CDBG ($44,838), and the theatre portion ($65,000) for a total project funding source of$314,000. The total construction cost for the project is $298,944.70. The project is complete and under the budgeted amount of the funding source. Staffrecommend final acceptance of the Dumas Bay Centre parking lot expansion project. Committee Recommendation: Motion to accept the Dumas Bay Centre parking lot expansion project as complete and forward to full Council for approval. G:\CLERKlCMTE.REC 3/]1196 MEETING DATE: November 17,1998 ITEM# ~(,,\ . - Li' """""""""""""""""".......00............................................................................................................................................................... ......................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Resolution Accepting the "Residential North" Annexation Petition """"'h"""""""""""""""',"'n""""""""""""....................................... .............................. ........................00.. CATEGORY: _CONSENT _ORDINANCE - BUSINESS X-HEARING _FYI BUDGET IMPACT: N/A .x RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ h.............................................................................................................................................. n................................'"""""""""" ATTACHMENTS: Proposed resolution, staff report, maps, development agreement, legal description, """"""""""""""""'hhh..............!I;II~..s.i~e..pl.a.I1.X9.r..t.~~.~III1.e.~i<>.11..i.r.e.i.'.n. SUMMARYIBACKGROUND: On 5/27/98 the City received a 10% petition from Weyerhauser (submitted by Quadrant) to annex a 17.8-acre area located north of South 320th Street, east ofI-5, and west of Military Road. On 7/21/98 the City Council accepted the petition with boundary modification and consideration ofa development agreement for the site. On 8/21/98 the property owner submitted a 60% petition for annexation of the subject property, along with a proposed development agreement. Council adoption of the annexation petition is subject to a public hearing, Council resolution accepting the petition, and the annexation ordinance. ............................................................................................................... 0000...00................... ...00..00...................................................... CITY MANAGER RECOMMENDATION: That the City Council adopt the attached resolution accepting .. . ~~ ~ ~~ ~~.~.~ ~ ~ ~~~ . i.;~:~ ~~.~ ~~.. ~ t.~ .t~. . ~r~~. ~~~. . ~~ ~ 14.~ ~ t.i ~ ~ ~ ~ ~ ~.t.~ ~ ~ ..t ~ .. ~ ~~"..t ~ ..t~ ~ APPROVED FOR INCLUSION IN COUNCIL '~V PACKET: ( L- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLED!DEFERRED/NO ACTION COUNCIL BILL # Ist Reading Enactment Reading ORDINANCE # RESOLUTION # ~ '~T .j RESOLUTION NO. 98-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DECLARING AND GIVING NOTICE OF ITS INTENTION TO ANNEX APPROXIMA TEL Y 18.94 ACRES LOCATED BETWEEN SOUTH 320TH STREET, INTERSTATE 5, MILITARY ROAD, AND SOUTH 316T11 STREET. WHEREAS, RCW 35A,14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City of Federal Way; and WHEREAS, on May 27,1998, pursuant to RCW 35A.14.120, the Weyerhaeuser Company, as owner of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as certified by the City Clerk, filed a Notice ofIntention to Petition for Annexation to the City of Federal Way approximately 18.94 acres of property ("Annexation Property") contiguous to the north boundary ofthe City of Federal Way; and WHEREAS, Weyerhaeuser had already requested, on January 26, 1998, that a Comprehensive Plan and zoning designation be applied to the property; and WHEREAS, the Federal Way Fire District is the owner of property adjacent to the property Weyerhaeuser seeks to have annexed by the City; and WHEREAS, the City Council determined to add the Fire District property to the annexation area, and WHEREAS,onJuly21, 1998,theCityCouncilacceptedthe 10% Petition, authorized the preparation of a Petition for Annexation as modified by addition of the Fire District Property, Res. #98-_, Page I required adoption of a Comprehensive Plan and zoning designation prior to or concurrent with the annexation, required the Annexation Property to assume its pro rata share of existing City indebtedness, and required preparation of a development agreement pursuant to RCW 36.708.170; and WHEREAS, the annexation action is exempt from all environmental review pursuant to RCW 43.2IC.222; and WHEREAS,onAugust21, 1998, Weyerhaeuser submitted a Petition for Annexation, attached as Exhibit A hereto and incorporated herein by reference. The Annexation Property is legally described and depicted in attachments to the Petition, which the City Clerk has certified contains the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, on November 17, 1998, the City Council held a public hearing, after public notice as required by law, on the proposed annexation of the subject property, and on the proposed development agreement between the City, Weyerhaeuser, and the Fire District; and WHEREAS, the City of Federal Way and King County have conducted certain planning efforts as required by the Growth Management Act, RCW 36.70A. Both the County and City of Federal Way have identified the Annexation Property as within King County's Urban Growth Area, and the Annexation Property is within the potential annexation area of Federal Way ; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of the City of Federal Way to annex the subject property; Res. #98-_, Page 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Notice of Intention to Annex. The City of Federal Way hereby declares and gives notice of its intention to annex approximately 18.94 acres lying adjacent to the northern boundary of the City of Federal Way, legally described and depicted in attachments to the Petition (Exhibit A hereto) which is incorporated herein by this reference. Section 2. Timing of Annexation. The City's annexation shall be accomplished by ordinance, which shall provide for the assumption of a pro-rata share of existing City of Federal Way indebtedness by the area to be annexed. The ordinance may be adopted immediately following execution by the City of Federal Way, the Weyerhaeuser Company, and the Federal Way Fire District of a pre-annexation, development agreement in a fonn acceptable to the parties. The ordinance shall be effective following passage of 45 days from the filing of the City's Notice of Intention to annex as provided in Section 3 below, if no person invokes the jurisdiction of the Washington State Boundary Review Board for King County ("BRB"), or upon the effective date of the BRB's approval of the annexation ifBRB jurisdiction is invoked. Section 3. Filing Notice ofIntention with Boundary Review Board. Pursuant to RCW 36.93.090, the City Manager and/or his designee is directed to file a copy of this Resolution with the Washington State Boundary Review Board for King County, together with the City'sNotice of Intention to Annex in such fonn as may be required by the Board, and to take whatever other steps may be necessary to fulfill the intent of this resolution. 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 Res. #98-_, Page 3 or unconstitutionality shalt 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 shalt 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 November, 1998. CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: "----ß-6 /I -:;fI¡;:;t-- j . ¿ l.- r;~L. 'Y"'>' CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k:\q...dnort."" Res. #98-_, Page 4 PETITION FOR ANNEXATION TO THE CITY OF FEDERAL WAY, WASHINGTON (FOR CERTAIN PROPERTY LOCATED NORTH OF S 320TH ST AND EAST TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF FEDERAL WAY, WASHINGTON 33530 1ST WAY SOUTH FEDERAL WAY, WASHINGTON 98003 OF THE OF I-5) RECEIVED AUG 2 5 1998 C9WO~L~:DKESRAoFFICE LWAY We, the undersigned, being the owners of not less than sixty percent (60%) in value of the real property herein described and lying contiguous to the City of Federal Way, Washington, do hereby petition that such territory be annexed to and made part of the City of Federal Way under the provisions of RCW 35A.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within King County, Washington, and the legal description of which is set forth in Exhibit "A", which is attached hereto and made part hereof, and the boundaries of the territory proposed to be annexed are outlined on the map which is marked as Exhibit "B", which is attached hereto. The City Council of the City of Federal Way met with the~nitiating parties at a regularly scheduled meeting on July 21, 1998, and did determine that the City would accept the proposed annexation. At said meeting the City Council did also determine as disclosed by the minutes entry regarding the same in the minutes of the council meeting of July 21, 1998, that: 1. The area proposed to be annexed to the city would be required to assume its pro rata portion of existing city indebtedness; 2. Federal Way Comprehensive Plan and Zoning Map designations for the are, proposed for annexation would be established prior to or concurrent with the annexation of the area proposed to be annexed; and 3. Restrictions on the density of any development of the property to be annexed, in addition to those imposed by zoning Map designations, would be imposed through the execution of a development agreement with the initiating party prior to the City's acceptance of this 60% petition. WHEREFORE, the undersigned petition the City Council and request: (a) The appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and (b) That following such hearing, and pending approval of the Boundary Review Board, the City Council determine by ordinance that such annexation shall be made, annexing the above described territory, and declaring the date whereon such annexation shall be effective; and the property so annexed shall become a part of the City of Federal Way, subject to its laws and ordinances then and thereafter in force. The petitioner subscribing hereto agrees that all property within the territory hereby sought to be annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Federal Way, including assessments or taxes in payment of any bonds issued or debts contracted prior to or existing a the date of the annexation; and that the territory hereby sought to be annexed shal~ be zoned and subject to a development agreement as determined by the Federal Way City Council prior to or concurrent with the public hearing on the requested annexation. EXHIBIT JJ. RE:celveo AUG 2 5 1998 CITY CLI::R CITY OF ~.- KS OFF/C'" t-tOERAL IN c: EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS/HER TRUE NAME, OR WH'dY KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION WHEN HE/SHE IS NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. WARNING OWNER'S SIGNATURE PRINTED NAME ADDRESS DATE SIGNED 1. d ~rk ¡;~ t jít?/I!fA/ jß/.WS ';8~'fJ ?t.J AoE- 5. 8b7!fS' I ' 2. 3. 4. 5. 6. 7. 8. 9. j 10. EXHIBIT A RECEIVED AUG 2 5 1998 CITY CL CITY OF Ø~ES OFFICE RAL WAY Quadrant Corporation South 320111 Parcel Legal Description TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE BONNEVILLE POWER ADMINISTRATION RIGHT OF WAY, AS ESTABLISHED BY EASEMENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION OF TRACTS 1 AND 2 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; . AND EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 534586; - AND EXCEPT THE SOUTH 40 FEET OF THE WEST 100 OF TRACT 5 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998520. 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FEDERAL WAY DEPARTMENT OF COMMUNllY DEVELOPMENT SERVICES REPORT TO THE FEDERAL WAY CllY COUNCIL 320TH STREIT S ("RESIDENTIAL NORTH") ANNEXATION & DEVELOPMENT AGREEMENT FEDERAL WAY FILE No: ANN98-000 I PUBLIC HEARING: NOVEMBER 17, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL 33530 FIRST WAY SOUTH (253.66 I .4 I 18) REPORT PREPARED BY: LORI MICHAELSON, SENIOR PLANNER SECTION I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. TABLE OF CONTENTS GENERAL INFORMATlON . . . . . . . . I AGnONS REQUESTED. . . . . . . . . . . . . 2 HISTORY AND BACKGROUND ..........3 DEVELOPMENT AGREEMENT. . . . . . . . . . .................4 COMPREHENSIVE PLAN AND ZONING 4 ENVIRONMENTAl. REVIEW . 5 .......... LAND USE AND DEVELOPMENT CHARACTERISTICS. . . . . . . . . ...6 PUBLIC FACILmES AND SERVICES. . . . . . . . . . . . . . . . . . . . 7 COSTS AND REVENUES TO THE CrTY ASSOCIATED WITH THE ANNEXATlON 10 DECISIONAL CRITERIA .............. .. . 18 . . . . . . . . . . FINDINGS....... 20 STAFF RECOMMENDATlON 21 LIST OF EXHIBITS ExHIBIT A: ExHIBIT B: ExHIBIT C: ExHIBIT D: ExHIBIT E: ExHIBIT F: ExHIBIT G: SIX1"Y PERCENT ANNEXATION PETITION VICINITY/PARCEL MAP POTENTIAL ANNEXATION AREA (PAA) BOUNDARIES PROPOSED DEVELOPMENT AGREEMENT ExiSTING COMPREHENSIVE PLAN MAP ExiSTING ZONING MAP WEYERHAUSER'S SITE DEVELOPMENT PLAN I. GENERAL INFORMATION PROJECT NAME: ApPLICANT: LOCATION: PARCEL NUMBERS: PROJECT AREA: '>-0 KING COUNTY ZONING: KING COUNTY COMPREHENSIVE PLAN DESIGNATION: PROPOSED FEDERAL WAY COMPREHENSIVE PLAN DESIGNATION: PROPOSED FEDERAL WAY ZONING: 320th Street ("Residential North") Annexation and Development Agreement Weyerhaeuser Real Estate Company c/o Susan Heikkala, Quadrant Corporation PO Box 130 Bellevue, WA 98009 (424.455,2900) Within King County, adjacent to the City of Federal Way, generally lying north of South 320th Street, east of Interstate 5 and 32nd Avenue South, and west of Military Road South, The annexation area is located within the City of Federal Way's adopted Potential Annexation Area (PAA) and Urban Growth Area (UGA). 551560-0091,0005,0010,0015,0020,0026,0025,0030, 0035, and 0037 18,94 acres R-J8 (Residential; 18 units per acre) for all parcels except the westerly two parcels, which have a King County zoning classification of Office, Commercial Outside of Centers and Urban Residential (greater than 12 DU's per acre) Multi-Family' RM-36001 (Multi Family Residential, 3600 square feet per dwelling unit); modified to 6 units per gross acre pursuant to a proposed development agreement. 1 Federal Wa9 comprehensive plan and zoning designalions as proposed in the C<Jmprehensive plan and zoning updates currently under review, -1- Staff Report to the City Council File No. ANN98-0001 November 17,1998 II. ACTlONS REQUESTED The City has received an annexation petition ITom the Weyerhaeuser Company (Exhibit A) to annex certain real property (Exhibit B), located within unincorporated King County and commonly referred to as "Residential North." The proposed annexation area is located within the City of Federal Way's Potential Annexation Area (Exhibit C) and lies contiguous to existing City boundaries. The applicant is also proposing a development agreement (Exhibit D) pertaining to future development of the property within the proposed annexation area. Pursuant to Washington State Law and Federal Way City Code (FWCC)3, the City Council may decide on the proposed actions following a public hearing. The required public hearings for both actions will be combined into one public hearing on November 17, 1998. There are no statutory requirements for the public hearings other than to provide an opportunity for public testimony. Following the November 17, 1998 public hearing, the City Council may, by a majority of the total membership, accept the 60 percent petition, and may by resolution declare and give notice of its intention to annex the subject property'; direct staff to submit a Notice ofIntent to Annex to the King County Boundary Review Board5; accept the development agreement and make a motion to move the ordinance establishing the development agreement to second reading; and make a motion to move the ordinance approving the annexation to second reading. As a separate but concurrent agenda item", the City Council will also consider pre-annexation comprehensive plan and zoning designations for the subject property on November 17, 1998. A comprehensive plan designation of Multifamily Residential and zoning classification of RM-3600'is proposed for the subject property. In the event that the Council does not adopt the proposed designations prior to taking final action' on the annexation, Council must 2 RCW 31A.14.010 autho"", citi" to "",ox pmp""y; 31A.14.120 et "q.. governs the 60% petition method of ""'ox at ion; RCW 36.708.170" "q. governs development agreemen". , FWCC Art;cle Ill. Annexatio",. 'Became the "",exation i, ,ubject to "view by the K;ngCounty Boundary Review Board (BRB) (RCW 36.93.090.100), an "",exation ordinance passed followmg a hearing but befo" board "view ós not effective. The City Coun.;1 mun fmrt adopt a ",olution of mtent to "",ex. to authorize the filmg of a notice of mtent w;th the BRB. if the Council w;,h" to ,imultaneou,ly odopt an "",exation o,dmance. it may do .. conditioned upon BRB app"wal. 'ifcleuance i, ""eived ftomthe boundary "view board, and ifno ,ufficient "ferendum petition i, filed withm 41 day, "om pas..ge of the "",exalion oedmance (excludmg the date of passage), the "",exation will be deemed automatically appmved. " The November 17. 1998 Council agenda al.. includ" the "",ual update of the Federal Way Comp"hen,iv< Plan and Zoning Map. 7 Multifamily R"idential, 3600 'quare fe" oflot area p<r dwelling unit. , Second "odmg passage of the "",exation o,dinance by the City Counc;1 oo""itu,," final action. -2- Staff Report to the City Council File No. ANN98-000 1 November 17,1998 establish interim comprehensive plan and zoning designations' for the subject property in the annexation ordinance. In this case, Council may either retain the underlying King County comprehensive plan and zoning designations, or may establish comprehensive plan and zoning designations of Urban Residential and RS-9600, respectively. Such designations as directed by Council would then be included in the annexation ordinance. Refer to V., below, Comprehensive Plan and Zoning, for additional infonnation. III. HISTORY AND BACKGROUND On May 27, 1998, the City received a petition ITom the Weyerhaeuser Company, signed by the owners of not less than ten percent of the assessed value of the property within the annexation area (fonnally called a "Notice of Intent to Petition for Annexation. "). On July 21, 1998, the City Council accepted the ten percent petition, with a boundary modification to include the South 32Oth Street right-of-way, ITom Interstate 5 to the east boundary of the existing Federal Way City limits and the east boundary of the fire district parcel. The City Council also authorized circulation of the sixty percent petition and directed that: (1) City of Federal Way comprehensive plan and zoning designations be established prior to or concurrent with the annexation; (2) a development agreement be prepared to ensure lower residential density than would be allowed by the underlying zoning (as proposedlO), with a low density development fonn and preservation of the ability to extend the BP A recreational trail through a portion of the site; and (3) the property within the annexation area assume its proportionate share of the City's bonded indebtedness. On August 21, 1998, the City received a petition ITom the Weyerhaeuser Company (Exhibit A), signed by owners of not less than sixty percent of the assessed value of property within the annexation area, to annex the subject property (Exhibit B) located within the City's Potential Annexation Area (Exhibit C). The petition was œrtified by the King County Assessor and Federal Way City Clerk, and a City Council public hearingll on the petition was scheduled. As described in IV, below, a development agreement was also prepared. The development agreement is also subject to a public hearing and adoption by Council ordinance. The required hearing on the proposed agreement will be combined with the annexation hearing. 9 Interimzon, provi,ions at, "'forth in FWCC S'e. 19.102. Interim wning may b, in plaœ for 00 long" lI1an 12 months (unl", det<rmin,d 0111"""", by ordinane,), at which tim, ollieial zoning mu,t h, _bli,h,d to ,up"e,d, 111, interim cIas,ifieation 10 A F,d"al Way zoning cI"""fieation ofRM.3600 forth, ,¡to i, eurn.ntly pcopo"d in lI1e annual upda'" to the City', eomp"he",iw plan and wning map'. 1 t Pu"uant to RCW 35A.I4.130, when a Iogally ,uffieient petition i, filed, 111, City Council may conduct a public hearing on the petition -3- StajJReport to the City Council File No. ANN98-0001 November 17,1998 IV. DEVELOPMENT AGREEMENT Pursuant to Federal Way City Council direction at the ten percent petition stage, and as provided for in RCW36.70.B.170, a development agreement (Exhibit D) has been prepared for the annexation area. Both property owners within the annexation area, Weyerhaeuser and the King County Fire District, are parties to the development agreement. The principle purpose of the development agreement is to ensure a low density development fonn on the site, with fewer units than the underlying zoning ofRM-3600 would allow, and to maintain the ability to extend the BP A trail system. Accordingly, the agreement limits density to a maximum of six dwelling units per gross acre; requires a low density development form; and preserves the ability to extend the BP A trail system across a portion of the site (within the BPA utility easement). The proposed agreement also contains language that will vest all future land use applications to Federal Way codes in effect at the time that the application is determined complete by the City. The City is currently developing an agreement with King County and Quadrant to allow the City's processing of development applications in advance of annexation, with full cost recovery. The vesting provision minimizes the possibility of an application being vested to King County codes in advance of annexation to the City, and also provides the applicant with predictability in development review. The proposed vesting provision is supported by both the applicant and City staff. Aside from setting a density cap and ensuring a low density development style, the development agreement contains no development regulations or design standards. All applicable City codes, policies, regulations, and standards, will apply to the development, including but not limited to, parking and circulation, street improvements, site design, building height, environmentally sensitive areas, significant trees, landscaping, signage, and nonconfonnance provisions. Development of the site is also subject to review under the State Environmental Policy Act (SEPA) and to any resulting mitigation measures. V. COMPREHENSIVE PLAN AND ZONING A. EXISTING KING COUNTY COMPREHENSIVE PLAN AND ZONING The existing King County Comprehensive Plan designations for the property within the annexation area are Commercial Outside of Centers for the westerly two parcels, and Urban Residential for the balance of the parcels (see Exhibit E). Existing King County zoning is Office for the westerly two parcels, and R-18 for the balance of the parcels (see Exhibit F). King County Zoning ofR-IS would allow IS dwelling units -4- Staff Report to the City Council File No. ANN98-000 1 November 17,1998 per acre. Office zoning would allow for office, and mixed use office and residential. B, FEDERAL WAY COMPREHENSIVE PLAN AND ZONING The City's Annexation Ordinance (FWCC Chapter 19, Article III) requires that zoning be imposed at the time of annexation. At this time, City of Federal Way comprehensive plan and zoning designations of Multifamily Residential and RM- 3600, respectively, have been proposed for the annexation area in the Comprehensive Plan and Zoning updates currently under review, In the event that the Council does not adopt the proposed designations prior to taking final action on the annexation, but wishes to adopt the annexation, then Council must also establish interim comprehensive plan and zoning designations. In this case, Council may either: (I) retain the underlying King County Comprehensive Plan and zoning designations, or (2) establish a zoning classification ofRS-9600. c, COMPARISON WITH ExISTING KING COUNTY ZONING The Federal Way zoning classificationRM-3600 is the equivalent of 12 dwelling units per acre, which is proposed to be modified in the development agreement to 6 units per gross acre. By comparison, the existing King County zoning of R-18 allows 18 dwelling units per acre, and Office zoning allows 75 percent residential as part of a mixed use development!2 Consequently, Federal Way zoning and the development agreement will result in a considerable reduction from planned residential densities on the property. VI. ENVIRONMENTAL REVIEW Annexation is an exempt action under the State Environmental Policy Act (SEPA) (RCW 43.2IC222). A Determination of Non-Significance (DNS) was issued on May 6, 1998, for the comprehensive plan and zoning designations for the annexation areas. Development or redevelopment of the property within the annexation area will be subject to environmental review at the time of development application. The proposeå development agreement is not subject to environmental review since it is consistent with the May 6, 1998, environmental determination. Future development or redevelopment of the site will also be subject to environmental review and any measures as may be required to mitigate for project-generated adverse impacts. 12 Per ¡(jng County ood" residonhal uses can b, a maximum of75 pocœnt ofth, tolal built floor "'03 of a mixod u" dovolopm,nt. with a 10 perœnt inere.... bas,d on diroctor's approval (KCC S". 21A 14.110). Bas, donsity for a mixod us, dmlopm,nt is 36 dw,lIing Units poc am with a base h,;ght of60 f,ct (KCC2IAI2.040). -5- StafJReport to the City Council File No. ANN98-0001 November 17,1998 VII. LAND USE AND DEVELOPMENT CHARACTERISTlCS A. LAND USE The annexation area is located within the City of Federal Way's adopted Potential Annexation Area (Exhibit C). The majority of the area (17.80 of 18.94 acres) is owned by the Weyerhaeuser Corporation and is presently vacant and undeveloped. A 1. 14-acre parcel located at the easterly edge of the annexation area is owned and operated as a fire district substation by the Federal Way Fire Department. Refer to Exhibits E and F for existing comprehensive plan and zoning designations for the site and surrounding areas. At the present time, all property located north of South 32Oth Street is located within King County. King County zoning classifications for property adjacent to the proposed annexation area include R-18 (north, northeast, and east of the annexation area) and Office (northwest and west of the annexation area). Property to the south of the site (south of320th Street) is within the Federal Way City limits and is zoned Office Park-I. Land uses surrounding the annexation area presently include a mix oflow density single family residential and vacant land. At the present time, the fire district does not anticipate any change of land use or major alteration to their existing facilities located within the annexation area. The fire station is a permitted use as a governmental jaciliti) under FWCC Section 22-679. Any change in use, redevelopment, or expansion of the fire district site would be subject to all applicable state and local codes, policies, and regulations, and the provisions of the adopted development agreement. B. CURRENT SITE: DEVELOPMENT PLAN Weyerhaeuser has submitted a site development plan (Exhibit G) for their property within the annexation area. The proposal includes 82 condominium units, with associated infrastructure improvements as required by the City. The applicant has indicated that the condominiums will include two, three, and four bedroom units in five floor plans, ranging in size from 1,100 to 2, 199 square feet. As proposed, the condominium units will be detached, creating a low density residential appearance. As proposed, the design and density of the proposed condominiums are consistent with the development agreement. The condominium development will be reviewed under Federal Way City Code 13 Govemmentfac,u'Y i, a peRnit1ed u,", in all City zoning d¡..,¡oU. -6- Staff Report to the City Council File No. ANN98-0001 November 17,1998 (FWCC) Sec. 22-667, detached dwelling units14; and under all other applicable city codes, policies, and regulations, as well as the development agreement discussed in IV, above. Development of the site will also be subject to the State Environmental Policy Act (SEPA). Preliminary site analysis has revealed existing wetlands in the southeasterly and westerly portions of the annexation area. Development of the site is subject to the City's Environmentally Sensitive Areas ordinance and SEPA. The proposed development agreement contains no provisions related to sensitive areas which would otherwise modifY existing code requirements. The proposed land use and residential density on the site is compatible with existing and planned land uses and the surrounding neighborhoods Refer to IX B., below, Development Scenario Used as a Basis for Analysis, for a description of the assumptions that were taken into this analysis. VIII. PUBLIC FACILmES AND SERVICES Following is a description of public facilities and services (urban services) that are available to the annexation area and can efficiently be provided by the City of Federal Way and its service area providers. Urban services include transportation, police, fire, water, sewer, surface water, parks and recreation, and general government services. An analysis of costs and revenues to the City related to urban services is included under IX., below. A. TRANSPORTA TION Access to the annexation area is provided from South 320th Street. The 320th Street right-of-way is included within the annexation boundaries, from Interstate 5 to the existing easterly boundary of the Federal Way City limits. South 320th Street is classified as a principal arterial by the Federal Way Comprehensive Plan (FWCP). Ultimate street improvements to South 320th Street are expected to include a six to seven lane street section, with sidewalk, street lighting, planted median and street trees on both sides. (No change is proposed to the fire district facility's existing access from South 320th Street. Principal access to the condominium project is proposed from South 320th South.) Consistent with the FWCP, the applicant's development plan includes a northerly '4 ",",Urn" adop'ion by th, C;ty Counoi, ofth, p<op"od r,d",1 Way Comp"b,n,iv< Plan and mning de>ignalion' of MaW!"",'!y and RM-3600. resp'ctiv,'y. AIl,mativdy, th, d,v,lopm,nt prop"a' would b, "vi,w,d und" an in"rim zoning d"ignation " d,t'nTIin,d by Counoi!. -7- Staff Report to the City Council File No. ANN98-0001 November 17,1998 extension ofWeyerhaeuser Way South, ITom South 32Oth Street through the project site and tenninating at the northerly project boundary, reserving future extension ITom that point The existing segment ofWeyerhaeuser Way South (south of South 32Oth Street) is classified as aprincipal collector. The extension ofWeyerhaeuser Way will be built by the applicant to the City's residential collector standards, including a two to three lane street with sidewalks, street trees and lighting, etc. The extension of Weyerhaeuser Way north ITom South 320th, with ultimate connection to Military Road South, will provide an essential transportation corridor to the annexation area and to other adjacent properties located within the City's PAA. Required transportation15-related improvements will be determined during development review of the proposal, under the Federal Way City Code and Comprehensive Plan, the State Environmental Policy Act (SEPA), and all other applicable codes, policies, and regulations. B. PUBLIC SAFETY Police and fire services are available to the site and will be provided by the City's Public Safety Department and Federal Way Fire Department!6 King County provides jail and court services to the City of Federal Way on a contractual basis. Emergency medical services (EMS) are dispatched by the fire district and paid for by property taxes. A safe and secure environment will be ensured through current building and fire codes, as well as site design requirements, including application of "Crime Prevention Through Environmental Design" (CPTED) principles as appropriate. c. UTlLITlE:S Domestic water and sanitary sewer are currently available to the area and can be provided by the Lakehaven Utility District. The District currently provides water to this area, however, sanitary sewer is not currently provided. The annexation area is located within the District's approved sewer service area boundary, and the District currently has capacity for collection and treatment of sewerage ITOm the annexation area. The District's sewer trunk line currently tenninates at approximately South 336th Street and Weyerhaeuser Way. The district is proposing to extend this trunk 15 Improvements to existing and new streets, any off site mitigation, and related facilities. as required for the safe and efficient movement of vehicles. pedestriam, bicycles, public transportation, emergency vebicles. and ",hool buses, will be determined thmugh the development and environmental review pmcesses and applied to the project 16 Federal Way Fire Oepanment is o""ed and operaled by Ihe King County Fi" Oistnct. No fi".,,[ated cosl will ",rue 10 !he Cilv as, "au It of the annexation. -8- StajJReport to the City Council File No. ANN98-000 1 November 17,1998 line northerly to approximately South 320th Street and 34th Avenue South. The proposed trunk line extension will provide gravity sewer service to the annexation area, as well as to other properties currently located within the Federal Way City \inùts. Construction of this trunk line extension is expected occur in late 1998 or early 1999. Other utility providers are expected to include Puget Sound Energy (electricity, power poles, and equipment), Federal Way Disposal (solid waste and recycling collection), and TCI (cable). D. SURFACE: WA TE:R QUANTtTY AND QUALITY The applicant has indicated that the westerly portion of the subject property is located in the East Branch Hylebos Creek Basin, and the easterly portion is in the Green River Basin. Presently, surface water runoff from South 320th Street drains into an open ditch system with one culvert crossing under the street. The site developer will be required to provide on site facilities for detention and treatment of storm water in accordance with the King County Surface Water Design Manual, the Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes, policies, and engineering standards. Also, any off site mitigation measures necessary to address surface water-related adverse impacts will be applied to the project through environmental review. In addition, surface water management (SWM) fees will be collected by the City on an annual basis. Site development is not expected to generate impacts which can not be addressed through one or more of these processes. E. PARKS AND RE:CREATION The Parks Department has indicated that there are no nearby neighborhood parks to meet the recreation needs of future residents within the annexation area. However, the City's zolÙng and subdivision codes will require the applicant to provide on site open space and recreational opportulÙties comparable to a neighborhood-scale park, which should be sufficient to meet the need generated by the additional population. Consequently, the impact to the existing City-wide parks LOS is expected to be milÙmal. F. GE:NE:RAL GOVE:RNME:NT SE:RVICE:S General government services (Municipal Court Services, Civil Legal Service, Community Development & Administrative Services) will be provided to the site concurrent with annexation and development of the subject site. -9- StafJReport to the City Council File No. ANN98-0001 November 17,1998 G. OTHE:R PUBLIC SE:RVICE:S School Services: Federal Way School District has indicated that the annexation area is located within the service boundaries of Lake Dolloff Elementary School, Kilo Junior High School, and Thomas Jefferson High School. Impacts to these schools and related services, resulting fTom additional population generated by devlopment in the annexation area, is expected to be mitigated by school impact fees. Impact fees are collected by the City at building pennit issuance and passed on to the school district. The city budget is not affected by school impact fees. Franchises: The City of Federal Way currently has fTanchises with TCI (cable service), Puget Sound Energy (power poles and equipment) and Federal Way Disposal (solid waste and recycling collection). The City is also developing agreements with several telecommunications service providers. Revenues from fTanchise fees are collected by the City as described in Section IXC, below IX. COSTS AND REVENUES TO THE CITY ASSOCIATED WITH THE ANNEXATlON A. INTRODUCTION The financial impact to the City of Federal Way of the proposed annexation and development, projected over a six year evaluation period (1999-2004), is described in the following paragraphs and tables. Paragraph B describes the development scenario that was used as a basis for the fiscal analysis, and for estimating revenues such as building permit fees, property taxes, and real estate excise tax. Paragraph C shows post-development" operating revenues, and paragraph D shows operating expenditures. Paragraph E summarizes the analysis Tables I and 2 are located at the end of Section IX Table I (Effect of the Annexation on Growth Variables) applies the development scenario (in paragraph B) to key growth variables such as population and assessed valuation. Table 2 (Operating Revenues and Expenditures) shows anticipated operating revenues, expenditures, and annual net financial impact of the annexation, based on the growth variables (shown on Table 1) and related assumptions (shown on Table 2). B. DE:VE:LOPME:NT SCE:NARIO USE:D AS A BASIS FOR ANAL YSIS As currently proposed!8 by the applicant (Weyerhaeuser Company), 82 condominium 17 Development scenario ""urn" no ,hongc in usc or redcvdoprnent of the cxining fire nalion ["iliti" within the ","cxation aroa. 18 As noted previously ond shown as Exhibit f, a preliminary proposal for on 82.unit detACh,d ,ondominiurn project has been proposcd by the applicant. -10- StafJReport to the CIty Council File No. ANN98-0001 November 17,1998 units will be built over three or four years, with approximately half of the new units selling as they are built. From this information a construction and sales scenario was estimated for purposes of analysis. Figure 1, below, shows the projected rate of construction and sales of the condominium units over a four-year period, 1999-2002. Construction phasing was anticipated to occur at a rate of30% in 1999, 60% in 2000,90% in 2001, and 100% buildout in 2002. Annual sales of new units was estimated at a rate of about 50% per year, except in 2002, when 100% of the remaining units that are built are also assumed to be sold. The sales figures for each year also assume that all units built but not sold in a given year will be sold the following year. For example, in 2000, 24 new units are built and 12 (about half) of those are sold, with 12 units carried over (24 built-12 sold =12) and assumed sold in 2001. FIGURE I EST7MATED CONSTRUCT70N AND SALES ACT7VfTY: 1999-2002 PER YEARACT7VfTY 1999 2000 2001 2002 NEW UNITS BUILT 25 24 25 8 NEW UNITS SOLD 12 12 12 8 LAST YEAR'S UNITS SOLD 0 13 12 13 (NEW UNITS NOT SOLD FROM PREVIOUS YEAR) (NEW UNITS NOT SOLo) (13) (12) (13) (0) TOTAL UNITS SOLD 12 25 24 21 CUMULAT7VE ACT7VfTY 1999 2000 2001 2002 TOTAL UNITS BUILT 25 49 74 82 TOTAL UNITS SOLD 12 37 61 82 c. RE:VE:NUE:S ANTICIPATE:D FROM THE: ANNE:XATION ARE:A Refer to Table 2, Operating Revenues, for estimated fiscal impacts to the City associated with the various revenues described below. -11- StafJReport to the City Council File No. ANN98-000l November 17,1998 (1) (2) (3) (4) (5) (6) Property Tax: The 1997 assessed valuation (A V) of the annexation areal' is $4,196,733,000. It is estimated that the City will receive 0.16 percent of the assessed valuation as property tax, or $1.528 per $1,000 of AV, with a projected growth rate of 1.035 per year. Property tax revenues anticipated to be generated over the six-year study period are shown on Table 2. Sales Tax: No sales tax revenues within the annexation area are anticipated. Real Estate Excise Tax (REET)20; Real estate excise tax will be collected by King County and distributed to the City as individual condominium units are sold. It should be noted that a residential resale rate of five to seven years" is expected, generating some ongoing REET revenues over time. However, no ongoing REET revenues were factored into the six-year analysis. Utility Ta:è°; Utility taxes to be generated by the condominium units, assuming full occupancy in the year 2002, are shown on Table 2. Permit Feei": Building permit fees will be collected by the City as building pennits are issued throughout the project's construction phase. Table 2 shows anticipated building permit revenues23 associated with this development scenario, using an estimated average-per-unit permit fee2' of$1,410. State Shared Revenues; State shared revenues (gasoline tax, motor vehicle excise tax, liquor board profits, criminal justice tax, and liquor excise tax, etc.) are distributed to cities on the basis of population. Projected revenues based on population forecasts25 for the condominiums are shown on Table 2. 1. Existing assessed valuation of all land within the annexation area and the improvements on the fue district parcel. 20REET and utility tax revenues must be spent solely on capital projects (or associated debt service) contained in the City's Capital Facilities Plan (CFP). 21 Per applicant and industry standard. 22 Building pennit revenue only. Miscellaneous development fees including land use permits and engineering plans review are not expected to be significant and were not projected. 23 Projected Building pennit fees were based on the City's current pennit fee schedule, and the potential fee increase eumently under review by the City Council was not factored in. 24 Based on existing foe structure. 25 A population factor of2.0 persons per dwelling unit was uscd for the condominium project (per OFM forecasts) -12- Staff Report to the City Council File No. ANN98-0001 November 17,1998 (7) Franchise Fees: Franchise fees are collected by the City from cable users, as shown on Tables 1 & 2. (8) Surface Water Management (SWlIJ) Fees: SWM fees are calculated based on impervious surface and assessed annually to individual dwelling units. Estimated SWM fees are shown on Table 2. D. OPERATING ExPENDtTURES ANTlCtPATED AS A RESULT OF ANNEXA TtON Refer to Table 2, Operating Expenditures, for estimated fiscal impacts to the City associated with the various expenditures described below. (1) Transportation (streets and traffic control facilities): As a result of the annexation, the City wilI acquire approximately 1.9 additionallane26 miles of South 32Oth Street. The City will also acquire about 1,400 lane fee!,7 of right- of-way as a result of the proposed extension ofWeyerhaeuser Way South through the project as part of development. South 32Oth Street improvements presently include four to five lanes of pavement, street lights on the south side only, and no sidewalks or street trees on either side. South 320th Street was resurfaced by King County in 1996, and City traffic analysts anticipate that no additional overlay will be required until the year 2010. Ongoing annual street maintenance costs are estimated based on a per-lane- mile cost for traffic signal maintenance, street light maintenance, electricity, shoulder restoration, patching, street channelization, and signage. The total annual estimated maintenance costs for the right-of-way associated with annexation and development are shown on Table 2. The City's traffic division noted that the traffic signal at 320th Street and Weyerhaeuser Way is substandard and will have to be replaced by the City at some point28, at an estimated cost of $350,000 (in today's dollars). However, the City is currently reviewing development proposals that affect all four corners of this intersection. Through these development review " Lane miles (or lane feet) estimates total improved street area, based on the length times the widtb. of exi,ling and/or propo"d streets. 27 700 linear feet times 2 lanes" ¡ .400 lane feet. " The City traffic division estimates this traffic signal will require 'eplaoement in four to six years, depending on traffic increases hased on anticipated traffic incre.... in this area and i"..peelive of adjaeent new development. -13- StafJReport to the City Council File No. ANN98-0001 November 17,1998 (2) (3) (4) processes, it is likely that the developer will bear some or all of the responsibility for upgrade or replacement of the substandard signal. In summary, maintenance and potential capital costs will accrue to the City as a result of annexing this segment of South 320th Street. However, since the property is located in the City's Potential Annexation Area (PAA), it will eventually be annexed anyway. Annexation at the present time will secure the City's control over right-of-way improvements associated with current development in the area. Otherwise, street improvements could be built to King County standards, and eventually "inherited" by the City, along with any service deficiencies, at such future time that the property is annexed. Police Services: The impact of annexation and development on the public safety department would be the increase in population and area to patrol. The City's Public Safety Department has indicated that site development will primarily affect Patrol District #4, and the impact to polices services is expected to be minimal. Table 2 provides the estimated financial impact to police services resulting ITom the increased population. Parks and Recreation: The City of Federal Way's 1995 Parks, Recreation, and Open Space Plan utilizes a Level of Service (LOS) standard of 10.9 acres of public parks and open space per 1,000 population. Additionally, the Parks Plan seeks to ensure that every neighborhood in the City is served by a park within a one-half mile radius. Currently, the City owns 818 acres of park land, or 10.6529 acres of park land per 1,000. Also, no neighborhood parks are located within a one-half mile radius of the annexation area. However, as shown on table 2, the development-related impact to the existing Parks LOS is not expected to be significant'° Additionally, as discussed in VIII. E., above, parks-related impacts are expected to be minimized by on site open space and recreational opportunities, as required by the City's zoning and subdivision code requirements. Municipal Court Services, Civil Legal Service, Community Development & Administrative Services: Operating expenses associated with these services are based on population and an established formula used by the City of Federal Way Management Services, and are shown on Table 2. 29 Rounded to nearest hundredth from 10.648, as shown on Table 2. 30 Based on the Paro LOS of 10.9 acres per thousand populaÜon, 164 pmons will generate the n"d for an additional 1.8 aec" of packs. which is expected to be addr=ed by providing comparable on site op,..n spaC<.' and reecealion opportu",ties on site -14- Staff Report to the City Council File No. ANN98-0001 November 17,1998 (5) Surface Water Management (SWM): The City's SWM maintenance costs as a result of the annexation and development of the subject property will be addressed by the corresponding SWM fees that will be charged to residents (see Table 2). Annual surface water maintenance within the City's rights-of- way will include ditch cleaning, culvert maintenance, weeding, street sweeping, and vacuum/jet rodding. In addition, the SWM division indicated that water quality retrofit to South 320th Street will be required in several years. Therefore, a capital cost of approximately $20,000 to the City was projected for the year 2003 (see Table 2). However, it should be noted that the City's cost for this water quality retrofit would be limited to pre- developed conditions in the right-of-way, since the site developer will be responsible to provide water quality facilities for all new development -related impervious surfaces. TURN TO PAGE 16 (TABLE 1). -15- TABLE 1 EFFECT OF THE ANNEXATION AND DEVELOPMENT ON GROWTH VARIABLES 1999-2004 FEDERAL WAY AFTER ANNEXATION AND DEVELOPMENT GROWTH VARIABLES (EXISTING) 1999 2000 2001 2002 2003 2004 Population. 76,820 76,844 76,895 76,945 76,984 76,984 76,984 Assessed Valuation 4,196,733 4,203,605 4,206,567 4,209,821 4,211,171 4,211,171 4,211,171 (in ooo's) Housing Units 30,724 30,735 30,761 30,786 30,806 30,806 30,806 Cable Users" 29,787 29,810 29,831 29,854 29,861 29,861 29,861 Lane Miles'" 666 668.2 668.2 668.2 668.2 668.2 668.2 Traffic Signals 48 49 49 49 49 49 49 Parks Level of Service 10.648 10.644 10.637 10.630 10.625 10.625 10.625 I (LOS)"" 'Official population as of 4/1/98 per the Office of Financial Management (OFM). "Assumes 90% of households are cable users. "'Estimated total length and width of streets in the city. ""The Parks Plan LOS is1 0.9 acres per1 ,000 population, compared to the 10.648 existing LOS. -16- TABLE 2 Residential North Operating Revenues & Expenditures 2000 2001 2002 2003 2004 Growth Projected Projected Projected Projected Projected Rate $6,655 $11,104 $15,997 $~ '9~H~~186i~.f- ~~3~1 $19,313 $19,892 $16,391 $33,840 $35,250 $11,280 " "~ ,-,_:" ¡""f""" $4,981 ._. $8,346 $10,972 $622 $939 $1,041 $1,O41L-~!~ .1..:Q3Q: $5,498 $9,213 $12,184 $12,550 $12,926 ~ $7,371 $11,132 $12,335 $12,335 $12,33~ 1000 $78,280 $95,876 $80,200 $55,207 $56,583 Rev/Cost 1999 Per Unit Projected Operating Revenues ; Proeer1y Tax .~~- -~--- -~ssessed;"'ue - iReal Estate Excise Tax 'RE sale~C ',i,B,U,'"",',d,ir1,9,,,.p,e"rm, ¡t,..,F,e,es,'-,;,-",,-,,--,-,-~~+£"eeSChed~le $1,410'. ¡State-Shared, Re",,'èues_,_- ,-- _population $~7 ¡FranchiseFe,,-"-_. - _n--. _Cable-users $14 :Utlhty Tax Housing units $149 [\^.1M fees~-=-'::-------=-': =:'::':-~ë_overage $150 $2,289 ji9,OOO $35,250 $1,615 - $317 $1.783 $3.761 Total Revenues $54,016 Operating Expenditures iMuniëipal, courtS,,';;, ,i,ce,s(contract)f pi,p-,ulation -,H- $1,,=_1: $345 'C,vil Legal Services I Population $6ij $150 'Communrty DeveloPrTleni -f- Po!,Ulation_"-- $31 --- $75.5. Police Services'.' 'Population FTE $2,042 i,',~~r:~~:~a~I~,\~,t~,;S';..~--,n_,=-h,-A~,~,~~~~:_+-f," - $34 - '. $15$:~ 'SurfaceWater~!J.r11t - ,- =L~nnualcoŒ= $3,124 $1,062 $462 $2,329 $6,297 $2,550 $16,167 $3,187 $1,780 $2,340- $j~-- $2,43s[=1~ofo] -- $774 ~1,Q18 __!1,038 " n_$l,Q59.~- 1020' $3,902 $5,130 $5,232 $5,337 1,020 $10,552 - $13,871 -$14~,2i60,' '-",-"',-,$,,i.;¡'_,659 ,,"'.,1,,-,',0_,2,8,-, $4,272 $5,616 $5,728 $5,843 1,020 $16,490 '$16,820 $17,157,,' ,!i,,7'~]__,1j¡20,' $3,251 $3,316 $3,382 L $3,450L 10201 Total Expenditures $23,093 $41,021 $48,-111 $50,281 $32,054 $49,184 Net Operating Revenue/Cost $30,923 Capital Projects $46,226 $54,855 $6,023 $6,301 $32,090 [Surface wiler Mgmt-' ---- 'Street Systems---- iSohd Waste un, [Debt Servlce'- ,,-==r, j'.,.,' n, -"E t=I=""-,~--Ë,O'06Ö,.,."l'=-,, -,-,.,~F~ --j=- ---- --- = -_----a Total Capital Outlay $0 $0 $0 $0 $0 $20,000 Net Revenue/Cost $30,923 $32:090 $46,226 $54,855 ($13,977) $6,301 . Assumes 1999 Adopted Levy Rate of $1,528 per $1 ,000 AV .. Average per-unit fee ... Assumes $65,000 (salary/benefits,M & 0) costs per FTE (Projected officers/1 ,000 population is 13) ,Iudes City Council, City Manager and Management Services departments Staff Report to the City Council File No. ANN98-0001 November 17,1998 E. SUMMARY OF CoST-BENEFIT ANAL YSIS Based on the estimated costs and revenues shown in Table 2, the 320th Street annexation is expected to result in positive annual net revenues to the City over the evaluation period, with the exception of the year 2003, as a result of the surface water management capital expenditure projected for that year. 1999: 2000: 2001: 2002: 2003: 2004: $ 30,923 $ 46,226 $ 54,855 $ 32,090 $ (13,977) $ 6,301 x. DECISIONAL CRITERIA A. CONCURRENT COMPREHENSIVE PLAN AND ZONING DESIGNAT70NS Federal Way City Code (FWCC) Sec. 19-101 requires that comprehensive plan and zoning designations be established concurrently with annexations in cases where such designations are either absent or outdated. Thi~ will be accomplished at Council direction, either through the proposed comprehensive plan updates, or alternative adoption of an interim zoning designation. Decisional criteria for comprehensive plan and zoning designations for the subject property are addressed in that proposal's record. Should the Council alternatively choose to adopt interim comprehensive plan and zoning designations for the annexation area, the required process to establish permanent designations3! must be undertaken within one year of the annexation, and would include compliance with applicable FWCC decisional criteria. B. ANNEXA T70N Annexation of the subject property by the Federal Way City Council requires a determination that the annexation has been processed in accordance with all state and local statutory requirements, and that it would promote the health, safety, and welfare of the citizens of Federal WaY". 31 FWCC Sec. 19.100 requires permanenl comprehensive plan and zoning designations to be established within one year of the annexation, wlUch would require a comprehensive plan ""endment and rezone, subject to all pmcedu<al requirement> and decisional criteria fo, such prop""'J.. ~ 3'. RCW 3jAIOI; FWCC Sec. 19-10. -18- Staff Report to the City Council File No. ANN98-0001 November 17,1998 The annexation proposal complies with RCW 35A.14.l20 (the sixty percent petition method of annexation) as follows: (1) (2) (3) c. On May 27, 1998, the owner (Weyerhaeuser) of not less than ten percent of assessed value of the property proposed for annexation, as certified by the City Clerk, filed a Notice ofIntention to Petition for Annexation to the City. On July 21, 1998, the City Council authorized preparation of a Petition for Annexation; amended the annexation boundary; required that City of Federal Way comprehensive plan and zoning designations be established prior to or concurrent with the annexation; required the preparation of a proposed development agreement; and required the assumption of a pro rata portion of the existing City indebtedness by the area to be annexed. On August 21, 1998, Weyerhaeuser filed its Petition for Annexation of the subject property, which petition was certified by the King County Assessor and Federal Way City Clerk to contain the signatures of owners of not less than sixty percent of the assessed valuation of the property to be annexed, and a City Council public hearing on the annexation was scheduled. DEVELOPMENT AGREEMENT The City of Federal Way is authorized to enter into development agreements pursuant to RCW 36. 70B.170 et seq.; and which provisions for content, form, and procedural requirements have been met by the proposed development agreement. D. CONSISTENCY WITH THE FEDERAL WAY COMPREHENSIVE PLAN (FWCP) The annexation proposal and development agreement are consistent with the following Federal Way Comprehensive Plan (FWCP) policies: * Annexations generally should not have or create abnormally ilTegular boundaries. (pAAP6) * The annexation must, to the greatest extent possible, preserve natural neighborhoods and communities. (pAAP7) * Proposed annexations should use the 60 percent petition method when possible. (1' AAP9) * Simultaneous adoption of proposed zoning regulations should be required of all annexations (pAAPlO) * Where appropriate, the City should allow concomitant agreements]) in the PAA's. (PAAPll) 33 Development agreements are authorized punmant to RCW 36.706, a new ""lute intended to modifY and clarify pre-exi"ing cose law concerning conco",;tant agremeents. With limited exceptiollS. concomitant and development agreements are the """e. -19- Staff Report to the City Council File No. ANN98-0001 November 17,1998 XI. .. The City will require owners of land annexing into Federal Way to assume their proportion of existing City bonded indebtedness. (pAM 12) .. The City should establish departmental setVice needs prior to major annexations through a fiscal impact analysis. As revenucs from each area are collected, increase City services to maintain cUlTent Citywide levels of service. (pAM 14) .. Provide newly annexed areas with the same level of service enjoyed by areas inside Federal Way, white at the same time maintaining CUlTent Citywide service levels. (PAAI5) FINDINGS The following are findings for approval of the annexation and development agreement: (I) (2) (3) (4) (5) (6) (7) RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City. On May 27, 1998, the Weyerhaeuser Company filed a Notice ofIntention to Petition for Annexation to the City of Federal Way, for certain real property lying contiguous to the northeast boundary of the City of Federal Way, signed by the owners of not less than ten percent of the assessed value of the property within the annexation area, and certified by the Federal Way City Clerk. On July 21, 1998, the City Council authorized the preparation of a Petition for Annexation, modified the annexation boundary, required concurrent comprehensive plan and zoning designations, required the assumption of a pro-rata proportion of existing City indebtedness by the area to be annexed, and directed preparation of a development agreement to limit residential density, ensure low density design, and provide for extension of the BP A pedestrian trail, in the annexation area. On August 21, 1998, the City received a petition ITom the Weyerhaeuser Company, signed by owners of not less than 60 percent of the assessed value of property within the annexation area, to annex the subject property, with boundaries modified in accordance with City Council direction and as certified by the City Clerk. Prior to the City Council's final action on the annexation, the Council will adopt concurrent comprehensive plan and zoning designations for the annexation area, either by City Council adoption of the comprehensive plan updates, or alternatively, by designation of interim zoning designations. The proposed annexation area is located within the City of Federal Way's adopted Potential Annexation Area (PAA), consistent with Federal Way Comprehensive Plan (FWCP) policies related to annexation. The subject property is located in an area where adequate urban services can be effectively provided by the City of Federal Way, consistent with the Federal Way -20- StafJReport to the City Council File No. ANN98-0001 November 17, 1998 (8) (9) (10) Comprehensive Plan (FWCP, Growth Management Act (RCW 36.70All 0) and King County Countywide Planning Policies relating to PAA's and urban growth areas. The proposed development agreement is consistent with City Council intent to govern development fonn and density, and with design consideration for continuation of the BPA pedestrian trail through a portion of the site. Annexation of the subject property by the City of Federal Way is not anticipated to result in an adverse financial burden to the City. The proposed annexation and development agreement will promote the health, safety and welfare of the citizens of Federal Way. XII. STAFF RECOMMENDAìlON After consideration of the staff report and recommendation, and at the conclusion of the November 17, 1998, public hearing, if the City Council finds that the proposed annexation and development agreement are in the best interest and general welfare of the City, the City Council may take the following action: 1. 2. 3. Accept the 60 percent petition by resolution and direct staff to submit a Notice of Intent to Annex to the King County Boundary Review Board; Move the ordinance establishing the development agreement to second reading; and Move the ordinance approving the annexation to second reading. Pursuant to the requirements ofFWCC Article III, Annexation, staff recommends that the City Council accept the 60 percent petition and direct staff to file a Notice ofIntent to Annex to the King County Boundary Review Board. Staff also recommends that the City Council adopt by ordinance the development agreement, followed by adoption of an ordinance approving the annexation, subject to clearance by the King County Boundary Review Board. ~7J~ Prepared by: Lori Michaelson Senior Planner Approved by: Gregory D. Moore, AICP Director, Community Development Services -t<~j:t~ (\'\L," r)Á":j fC( / Date: November 10. 1998 -21- PETITION FOR ANNEXATION TO THE CITY OF FEDERAL WAY I WASHINGTON (FOR CERTAIN PROPERTY LOCATED NORTH OF S 320TH ST AND EAST TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF FEDERAL WAY, WASHINGTON 33530 1ST WAY SOUTH FEDERAL WAY, WASHINGTON 98003 OF THE OF I-5) RECEIVED AUG 2 5 1998 C9WO~L~ERDKS OFFICE ERAL WAY We, the undersigned, being the owners of not less than sixty percent (60%) in value of the real property herein described and lying contiguous to the City of Federal Way, Washington, do hereby petition that such territory be annexed to and made part of the City of Federal Way under the provisions of RCW 35A.l4.l20, et seq., and any amendments thereto, of the state of Washington. The territory proposed to be annexed is within King County, Washington, and the legal description of which is set forth in Exhibit "A", which is attached hereto and made part hereof, and the boundaries of the territory proposed to be annexed are outlined on the map which is marked as Exhibit "B", which is attached hereto. The City Council of the City of Federal Way met with the ~nitiating parties at a regularly scheduled meeting on July 21, 1998, and did determine that the City would accept the proposed annexation. At said meeting the City Council did also determine as disclosed by the minutes entry regarding the same in the minutes of the council meeting of July 21, 1998, that: 1. The area proposed to be annexed to the city would be required to assume its pro rata portion of existing city indebtedness; 2. Federal Way Comprehensive Plan and Zoning Map designations for the area proposed for annexation would be established prior to or concurrent with the annexation of the area proposed to be annexed; and 3. Restrictions on the density of any development of the property to be annexed, in addition to those imposed by Zoning Map designations, would be imposed through the execution of a development agreement with the initiating party prior to the City's acceptance of this 60% petition. WHEREFORE, the undersigned petition the City Council and request: (a) The appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and (b) That following such hearing, and pending approval of the Boundary Review Board, the Ci ty Council determine by ordinance that such annexation shall be made, annexing the above described territory, and declaring the date whereon such annexation shall be effective; and the property so annexed shall become a part of the City of Federal Way, subject to its laws and ordinances then and thereafter in force. The petitioner subscribing hereto agrees that all property within the territory hereby sought to be annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Federal Way, including assessments or taxes in payment of any bonds issued or debts contracted prior to or existing at the date of the annexation; and that the territory hereby sought to be annexed shall be zoned and subject to a development agreement as determined by the Fede al Way ci ty Cc:uncil prior to or concurrent with the public I!~Hf e1"The r uested annexat10n. RecelVeo AUG 25 1998 CITY CLE CITY OF Fto'W OFFICE: EVERY PERSON WHO SIGNS TI::S PETITION WITH ANY OTHER THAN HIS/HER TRUE NAME, O~A~.., KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION WHEN HE/SHE :.. NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. ~ OWNER'S SIGNATURE PRINTED NAME ADDRESS DATE SIGNED 1. !1 ffyk ,,~ f3. jít?!ltW Jßt()/S ,Jg~'fJ ? if,. /lOt- S. 8~1JÍS' I I 2. 3. 4. 5. 6. 7. 8. 9. 10. Ot>"r ~ OOT 00 T ~. ....; \ \~ ~-.~ ~>.\\ ~ \ .H .~. 0 . 0 ~ -'. ~~;M01JH3a3~~dÃií5 3J'~~O S)fH31J AL/J B66t 5 Z 9nv \ ;~'\.\> '\'~-'::~\\ r' \ \ '" 03^'3031:1 Y;'7 '-1-1 " oos- OO"} '_..r,""""';~~"" , , . ' .. :t... """ .'\ ~ ~ ~ -.. "). ~ .~ :1~;'I~ <~~ ..~. \,- h ~ . ~ .'f ':.... ; ~ ('~h""" .r::;",. ~ -:""'... .... ~, .~~ ~ : ¡ t/ ~ ~ :, ' OJ ~ !:.;:: II: (¡¡ , , Q, , , 0 : -: ct > ~ "ê OJ 'C æ .,r '" --'-", 07.s" ...:~ 0 '~:-i.. ..... .. ¿;,.5' .., 4o~ ~ .o¡. .... '\, ~~ ~ ~~ r~ , ~ oj: ¿ : ~, . r:,! :'¡ :... ~. so, '" ..... 't:J Q) --c ,.) C\J - - <t : ~ ... I/) :0. :r: :: ... E ~ If '" V1 ~ C c ëñ N 07J" .stS' à-". ..;{o \ \ !=XH/SIT PAGE 3 $t~~ -;:0 - ~ t j ~ :~ , , : s . -.' ( : $ . ~ , \ ,; z ,~ 0 . ...'; ï=. : ¡ C:( ': ex: .: C < Q, '\ IX C <.: t- 2 <I IX C ~ ë . o~ : . , ~ ,. '""~.. t ' ~' J: t- EXHIBIT A ReceIVED AUG 2 5 1998 CITY CL CITY OF ¡ft~ OFFICE "RAt WAY Quadrant Corporation South 320th Parcel Legal Description TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE BONNEVILLE POWER ADMINISTRATION RIGHT OF WAY, AS ESTABLISHED BY EASEMENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION OF TRACTS 1 AND 2 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; , AND EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 534586; - AND EXCEPT THE SOUTH 40 FEET OF THE WEST 100 OF TRACT 5 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998520. EXHIBIT A PAC' +~ Ilbelievuelld...IPROJEC1\1681020 I I WORDILEGAL.doc , I. ,.' jl ;;J' ~~~/ /.>~>~\I' '.o~ '. j >'!'. ",,\I~.'o " , , I !I~~~~.~~~ ~:>;'r' I' <øP ,.rP ,.co",f ' , 1 ' ,,' I . J......~~. .J. ......~...... ( S, 316th St v; !;;' <C M 0036 551560- 0005 0037 --'-'! -...r* L/ FËDÈR~Y CITY ILiMITS ÆO m »>< G):J: miD -- -t ol~ f 0010 0020 I 0026 FIRE STATION .... 0015 0025 I 0030 S. 320th St. Iv; ~ ;:: j ,~,~ ;:: W LL '-, slJJ I I S. 322nd PI. - ¡ r II Residential North Annexation To the City of Federal Way Vicinity! Parcel Map Legend: - . . Federal Way City Limits Annexation Area Boundary [.::::J Annexation Area J City of Federal Way Vicinity Map ~- "VI"".!) ':l .,,? ~ J/ / Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet 'J8-~ - - ¡J<M'OII' r'~~-\ !::J. ;:.8~ ("'I'J)(~"'II",<ft~l~ N ~:w, i :1'»;'" GIS DIVISION luserslmikes/proiectlannexlannexl g.aml /I . / (-~~ "/ ./j . Kent lJes , I Moine Ii Potential Annexation (I : {~ke Area Bo~nda~ies /;",~ ~Q~' ~;\ and Residential North //-, ~- -+--~~! 0 28M.OT Annexation ~~/~ ! \,,~ -¡,i: ~ ,Federal~ \:i ~ ",0 Way! I \I:~ Y 0' ~: III: ~ "Q. ~. , I ~I\ill~ ,/ C. c . \;. Ea.,er.. t S'ee' /,ee, .' ... / Q~. :;1 Lake r I LaìieJ i :... /. '\ > ~, I'I~ ~F ! \ -q;j '-J¡.3t.I...OT ,~:/;¡ L- . :1 '37M..T c:;ake ,;: S3¡-. ( , - "-.J I ¡! I " \~ {/ 0 ~I '. ~ c--) ß I~;;¡ Sl~ ! ¿¡;NO:: ~ ..: " " ~ . \j ..y .-:",;;: j H Q. L. í ~ ,;,,~ . i '/',~çr Gene~: ~ : [7.., . I Lake Killarney I:; ", I~ ~~: Îì j-l r .1-~ IN LakeC Trmit ~\! (~"J ,\, Pacific I of. f Milton ' - - -/- - ----- - - - - - -- . - , Ed~ff' . City of Federal Way (, \ \...- ¡;¡i ::J; ~, -:" ~ t, S. 3501. ST ~ '-../ ~ "'" . > ~ ... Z! 1 '-~7 Potenlial Annexalion Area ~ Annexation Area MapDate:Dctober29.t998 City of Federal Way. 33530 FirstWayS. Federal Way. WA 98003 (253) 661-4000 .-\ N Legend City of Federal Way Scale: 1 to 67200 1 Inch equals 5600 Feet 0 1 Mile 88- ThIS map IS intended for use as a graphICal representation ONLY The ~ City of Federal Way makes no EXHIBIT \..". warranty as to Its accuracy PAGELOF ~(;'>Y GIS DIVISION After recording, return to: If Federal Way City Attorney's Office 33530 1st Way S. Federal Way, WA 98003 DEVELOPMENT AGREEMENT BETWEEN CITY OF FEDERAL WAY, WEYERHAEUSER CORPORATION AND FEDERAL WAY FIRE DISTRICT NO. 39 This Agreement, made and entered into this - day of _,1998, by and between the Weyerhaeuser Corporation, a Washington corporation ("Weyerhaeuser"), and Federal Way Fire District No. 39 ("District"), on the one hand, and the City of Federal Way, Washington, a municipal corporation ("City"), on the other (collectively "the parties"). RECITALS A. Weyerhaeuser is the owner of certain undeveloped real property ("Weyerhaeuser Property") located within King County but within the Potential Annexation Area of the City of Federal Way. The Weyerhaeuser Property located north of and adjacent to S. 320th Street and is specifically described in Exhibit" A" attached hereto and incorporated herein. , ¡; B. The District is the owner of certain real properly ("District Property") located in King County and within the Potential Annexation Area of the City of Federal Way. The District Property, currently developed with a fire station, is specifically described in Exhibit "B" attached hereto and incorporated herein. C. Weyerhaeuser and the District have requested that the City of Federal Way annex the Weyerhaeuser and District Property, and have submitted a petition requesting the same signed by the owners of more than 60% of the assessed value of the two Properties (60% Petition). D. The City's willingness to accept the 60% Petition, and to submit a Notice of Intention to Annex the Property to the Washington State Boundary Review Board for King County, is conditioned upon limitations on density of development or redevelopment of the Weyerhaeuser and District Property necessary to protect the public health, safety and welfare. E. The City has authority under RCW 36.70B.170-.21O to enter into a development agreement as part of a proposed annexation, to set development standards to govern development and use of the property to be annexed. The City also has authority under RCW 39.34 to enter into an interlocal agreement with another governmental entity. NOW, THEREFORE, for and in consideration of the City's acceptance of the 60% petition, the parties agree as follows: EXHIBIT Þ PAGE__LaF (p Development Agreement City of Federal Way! Fire District and Weyerhaeuser Corporation - S. 320th Property Page 2 1. Develooment of Weverhaeuser Prooertv. Weyerhaeuser covenants and agrees that, regardless of the density or uses available under the zoning designation applicable to Weyerhaeuser Property, Weyerhaeuser will limit any development of the Weyerhaeuser Property to a density no greater than 6 units per gross acre, calculated prior to deduction of areas required for public street right-of-way. Weyerhaeuser further covenants and agrees that the principal use of any development will be either detached single-family dwellings or attached single family condominium townhomes. 2. Redevelopment of District Propertv. The District covenants and agrees that the principal use of the District Property will be for a fire station. If the District or its heirs, successors or assigns determine to change the principal use of the District Property to a residential use, regardless of the density or uses available under the applicable zoning designation any redevelopment of the District Property will be limited to a density no greater than 6 units per gross acre, calculated prior to deduction of areas required for public street right-of-way. The District further covenants and agrees that the principal use of any development will be either detached single family dwellings or attached single-family condominium townhomes. 3. BPA Trail Connection. Weyerhaeuser covenants and agrees that any development of its portion of the Property will not interfere with or prevent an extension of a pedestrian/bike trail over the BP A easements of record over the Weyerhaeuser Property. 4. Imolementation of Al!reement. 4.1. Timing of Annexation. Following execution of this Development Agreement, adoption of Comprehensive Plan and zoning designations for the Weyerhaeuser and District Properties, and the City's acceptance of the 60% Petition, the City will submit to the Washington State Boundary Review Board for King County ("BRB") a Notice of Intent to Annex the Weyerhaeuser and District Properties. IfBRB review is not invoked or, in the alternative, ifBRB review is invoked but the BRB approves the annexation, the City shall lawfully adopt an ordinance annexing the Weyerhaeuser and District Properties. The City may, in the alternative, upon approval of the 60% Petition, simultaneously adopt an ordinance annexing the Properties effective upon passage of forty-five (45) days or, if BRB jurisdiction is invoked, issuance of a BRB decision approving the annexation. 4.2 Vesting. The City of Federal Way acknowledges that Weyerhaeuser has the right to, prior to the effective date of annexation, apply to King County for approval of development on the Weyerhaeuser Property. The City of Federal Way and Weyerhaeuser agree, subject to the written concurrence and release of such application by King County, that Federal Way shall process any such application according to the provisions of this Agreement and the Federal Way City Cbde provisions in effect as of the date ~~~~a~d;;s we'þaeuser's PAGE_2oF-L Development Agreement City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property Page 3 application complete. Federal Way shall be entitled to recover all costs incurred in such processing. 5. General Provisions. 5.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended to protect the value of the Weyerhaeuser and District Property, as well as the public health, safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to the Weyerhaeuser and District Property and to the City from this Agreement shall run with the land and shall be binding upon the District and Weyerhaeuser, and their heirs, successors, and assigns, and upon the City of Federal Way. 5.2. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 5.3 Recording. Weyerhaeuser Properties. This Agreement shall be recorded against the District and 5.4. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 5.5 Authority. The City, the District, and Weyerhaeuser each represent and warrant to the others that it has the respective power and authority, and is duly authorized to execute and deliver this Agreement. Weyerhaeuser and the District represent and warrant that they are the fee owners or contract purchasers and have authority to agree to the covenants contained herein. 5.6 Term of Agreement. This Agreement shall remain in full force and effect unless amended or terminated by the mutual agreement of the parties. 5.7 Amendment. This Agreement may be modified only by a written instrument duly executed by all parties; provided, however, notwithstanding any provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of the District or Weyerhaeuser, adopt and impose upon the District and Weyerhaeuser Properties restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. 5.8 Exhibits A and B attached hereto are incorporated herein by this reference as if fully set forth. EXHIBIT ]) PAGE 1- OF_/P Development Agreement City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property Page 4 5.9 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 5.10 Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 5.11 Indemnification. Weyerhaeuser and the District release and agree to defend, indemnify, and hold harmless the City and all of its elected and appointed officials, and its employees and agents, from all liability, claims, appeals, and costs, including the costs of defense of any claim or appeal, arising in connection with the annexation of the Weyerhaeuser and District Property and/or this Agreement. except to the extent any liability, claim, appeal or cost results from the sole negligence of the City or its officers, agents, or employees in performance of this Agreement. 5.12 Enforcement. In the event Weyerhaeuser or the District fail to satisfy any of their obligations under this Agreement, the City shall have the right to enforce this Agreement at both law and equity, including but not limited to enforcing this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate remedy for breach. In addition, Weyerhaeuser or the District's failure to satisfy any of their obligations in this Agreement shall constitute a breach of contract and shall be grounds for termination of this Agreement by the City. 5.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 35A.14.330, RCW 36.70B.170-.21O, and RCW 39.34. 5.14 Effective Date. This Agreement shall be effective on the effective date of the City's Ordinance approving this Agreement, and the execution of this Agreement by duly authorized representatives of each party. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. . FEDERAL WAY FIRE DISTRICT NO. 39 CITY OF FEDERAL WAY Kenne City WPA~ E BY: BY: Development Agreement City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property Page 5 Date: Date: Approved as to Form for Federal Way Fire District No. 39 Approved as to Form for City of Federal Way City Attorney, Londi K. Lindell ATTEST: This - day of , 1998. ATTEST: This - day of , 1998. Clerk N. Christine Green, CMC Federal Way City Clerk Weyerhaeuser CORPORATION By: Its: Date: Approved as to form for Weyerhaeuser Corporation Klodlq",dagcmlO23 10-23-98 EXHIBIT j) PAGE 5 OF fø ANNEXATION DESCRIPTION QUADRANT RES NORTH PARCEL A: TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE BONNEVILLE POWER ADMINISTRATION RIGHT OF WAY, AS ESTABLISHED BY EASEMENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON; EXCEPT T~AT PORTION OF TRACTS 1 AND 2 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; AND EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 534586; AND EXCEPT THE SOUTH 40 FEET OF THE WEST 100 FEET OF TRACT 5 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998520. PARCEL B: THAT PORTION OF OF LOT 17, LYING SOUTHERLY OF THE PRESENT BONNEVILLE POWER ADMINISTRATION TRANSMISSION LINE RIGHT OF WAY, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON. ~/¿it~ ROBERT E. WALLIS, P.LS. 18102 No VA r'¡~B DATE I' I DESCRIPTION BY W&H PACIFIC, INe. EXP'"ES "'I ~oro , PRUHIT ""CD'" WORI>"',"\ Joe EXHIBIT ]) PAGE tÞ~ URBAN RES. 4.12 DU/ACRE (KC) URBAN RES. 4-12 DU/ACRE (KC) / 1; f¿/" /" / . . 3/ COMME~CIAl .. OUT,IOE I OF CE TERS I . (K ) i I J__1-....J..-.. '.""1 -----.. URBAN RES. >12DU/ACRE (KC) COM[ERCIAl OU SIDE OF C t-ITERS ,C) URBAN RES. > 12 DUiACRE (KC) '--IT'" ~ NEIGH 0 - . + URBW RES. > 12 D /ACRE ( C) UIllBAN RES. > 12 DU/ACR (KC) FIRE STATION ... S. 320th 81. FEDERAL IW A Y CITY !LIMITS '.,; : U) l- i ::¡ > I- Õi URBAN RES. > 4-12 DU/ACRE <c (KC) ~ ....II <c' a: DFFICE PARK (FW) OFFICE PAR (FW) .. j ~ 3: OFFICE PARK (FW) OFFICE PARK (FW) w ¡. Residential North Annexation To the City of Federal Way Existing Comprehensive Plan Map Legend: .u Federal Way City Limits Annexation Area Boundary l J 1- I Plan Designation Boundary Annexation Area City of Federal Way XHIBIT £ 'AGE I _OF. Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet IJ"--~ ~ N ~<M'.o. :fL~: \ ~~ (.-11 ,,~ GIS DIVISION /users/mikes/proJect/anne"'...exl h.amJ 1 I I \ I 'I I I I I R-4 [ I" I !(~G) , 0, 3]61h St J, ", ð' 'I"'-~ , t I 1 i t I t,r"II, , ",I (~,-¿,) , I - t /V ; R-4 j ,/ß 1 " ' / \ (KG) ,,' "'"","'/<I~:"""""-"""o""" , I' \ l/ /; \//1 i \ //ß! , '1 0 " .0 1 0 I t æ (KG \ 'I I (KG) 1 f. \ I!~' . 1 , ! . j ,..._.._...,¡_.....~......¡,¡;- ~~ - R-4 (KG) A-18 (KG) R-18 (KC) ¡n-no! R18 I \ R-18 (KG) I NB ' FIRE (Kc)l, "J(KG)! STAlN ~ ~ e J 0 A-18 (KG) Rj18 (~G) ....., 'i._~~~~qt1h.~ 'fËÕÈ¡;Åf~;"y LIMITS ¡ 1:..1 I ,,1rw, 1 , i~-I,,".,- ! -- u¡jl OP-1 (FW) OP-1 (FW) UJ I- :i ::¡ > I- Õ > ~ ..J ca:" - a: ILl - R-4 ~, (KG) ----~--- (~~l l~ll lTT R-4 I (KG) j *~¥I II Residential North Annexation To the City of Federal Way Existing Zoning Map Legend: - . . Federal Way City Limits ....... Annexation Area Boundary Zoning Boundary Annexation Area I City of Federal Way XHIBIT -.E IAGEl-OF Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet '. - ~ II - - ß ~-""i'._- N /,Q~ (r'l, ])(1 -II<---<fn~ w:w, Yi-îl>Y GIS DIVISION luserslmikes/prOtectlann" . xH.aml ~, r~~~] !¡ 1 II ./~~ -- -J \ ~ . ~ iH { .iiI '¡¡",. 1]'1 ~4n ~ ¡ ð ~ ~ ~ ~ j EXHIBIT G, PAGE.L__. OF -- 30 101 114 A Residential South Annexation To the City of Federal Way Parcel Map 100 99 x B NORTH LAKE SHORELANDS 117 116 Legend: -.. Federel Way City Urnit. Annexation Area Boundary 0'88 0836 CJ 0 Annex'tion Are, NOn, TN. ,.... "--- .............- ..--".o.w. City 01 Foderal Way FEDERAL WAY CITY LIMITS Vicinity Map [7 w Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet '.f8_-..J""4¡ ...~ ~ ~N . = GIS DIVISION lusers/mikes/Proiectlanne8ami DISTANCE OF 297.20 FEET TO THE NORTH LINE OF TRACT 117; 8 THENCE SOUTH 87° 56' 28" EAST, ALONG LAST SAID NORTH LINE, A DISTANCE OF 130.00 FEET, TO THE WEST LINE OF SAID TRACT 116; THENCE NORTH 01° 04' 58" EAST, ALONG LAST SAID WEST LINE, A DISTANCE OF . . 169.11 FEET, TO THE NORTH LINE OF SAID TRACT 116; THENCE SOUTH 88° 59' 16" EAST, ALONG LAST SAID NORTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 730.00 FEET, TO THE EAST LINE OF SAID GO~RNMENT LOT 4; THENCE SOUTH 01° 04' 58" WEST ALONG SAID EAST LINE, A DISTANCE OF 657.12 FEET, TO THE POINT OF BEGINNING" DESCRIPTION BY W&H PACIFIC, INC. ~L~J;;::4. 8 MtI ~ /9?ó' DATE tIPROJErnI"'000IlWO"",^,"""",."" -_...._--~..'-. "'/!,/",,"."~;' ,./6IjJt.i;', ~.' . ". ;,,":':;~f~t""1'¡~, . "'1'," '~"-I '..:: . }~.,f L:',."~':,./;~' .~. ¡ - .(~ '~,\).'~~"'="""ri$i"';;;;"~"'"~ 1 . i~l~" ".~ .",".~ ; ~.. ". \ ";" j ! , . 8 ,. ',' JD6~ , ~ , ANNEXATION DESCRIPTION QUADRANT RES SOUTH 8 THAT PORTION OF GOVERNMENT LOT 4, SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETIE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID PORTION OF LOT 4 BEING FURTHER DESCRIBED AS BEING TRACTS 90, 91, 92 AND 116, TOGETHER WITH PORTIONS OF TRACTS 36, 37, 89 AND 117 ALL IN ¡NORTH LAKE SHORE LANDS ACCORDING TO THE UNRECORDED PLAT THEREOF AND ALSO INCLUDING ABUTIING ROAD RIGHTS-OF-WAY DECRIBED AS FOLLOWS: \ BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE NORTH 88° 56' 13" WEST ALONG THE SOUTH LINE OF SAID SECTION 15, A DISTANCE OF 1319.91 FEET; THENCE NORTH 01° 04' 58" EAST, A DISTANCE OF 497.62 FEET, TO THE NORTH LINE OF SAID TRACT 117; THENCE SOUTH 87° 56' 28" EAST, ALONG THE SAID NORTH LINE, A DISTANCE OF 8.17 FEET; THENCE NORTH 02° 03' 32" EAST, ALONG THE WEST LINE SAID TRACT 89, A DISTANCE OF 210.00 FEET, TO THE SOUTH MARGIN OF THE COUNTY ROAD, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 2596483, KNOWN AS ROY B. MISENER COUNTY ROAD; THENCE SOUTH 87° 56' 28"EAST, ALONG SAID SOUTH MARGIN, A DISTANCE OF !6.72 FEET, TO A POINT OF CURVATURE OF SAID SOUTH MARGIN; 48 THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 348.46 FEET, THROUGH A CENTRAL ANGLE OF 60° 00' 38", AN ARC LENGTH OF 364.97 FEET TO THE INTERSECTION WITH THE EAST LINE OF A SAID PARCEL OF LAND, ALSO KNOWN AS SAID TRACT 36; THENCE SOUTH 00° 58' 32" WEST, A DISTANCEOF 124.31 FEET, TO THE SOUTH LINE SAID TRACT 36 TO THE SOUTHERLY CORNER COMMON TO TRACTS 36 AND 37; THENCE NORTH 87° 56' 28" WEST, ALONG THE SOUTH LINE OF SAID TRACT 37, A DISTANCE OF 13.01 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY EXTENSION OF THE LINE COMMON TO TRACTS 92 AND 93; THENCE SOUTH 26° 55' 03" EAST ALONG SAID EXTENSION AND LOT LINE. A EXlIIBTI B 146 3 .I 111 ~- "I - '. .';;;::";;; - "'..- .." 'II . " - H-'- . . .~_.."'.. .. - ""J¡ I @ " -', , ¡ ; «. ..,/ -', ,iii, 'Ú~'Ú i'i " ~ \ ,0 ¡,;i\ ,?,'?~' ' - .r-- \ ;~ : ~~'" I :: ~l ' ~ ~ /" ,,/,,?~, 1& ,/' I' J"'~;"') t:; / ,. " ' :~ / ," ~~:; / ,'. \' /<:; :i'~.\:~::~'~{~' ~~=:' -",,~~~~'-I ;.~I~: . .¡ .~ the' .: ,4. ( . ' / . ~ -'"~ " Single Famil m 0 F y o~ '" 0 I Cluster ~~ "'!!! _. 1 i ¿¡¡ ¡g ~,i : ~m '" -, .,"" ..... ,.>' ,; :,...,... , ..,s .!..'.'.".'.'" J ~ - llJi- .... j:~. ! .."", .." W-"" ..' I" .~"-,J j< L01 . ( ( ';.:: "s ( EXHIBIT A Legal Description for Annexaûòn for portion of Quadrant Corporation's East Campus Parcel 3 Single Family Detach1froject RECEIVED AUG Z 5 1998 CITY CLERKS OFFICE' CITY OF FEDERAL WAY FOR PARCEL #614360-0635-05: Lot 116 of the unrecordcd plat of North Lake Shorelands, said unrecorded plat is included in Government lots 3 and 4, Section 15, Townslúp 21 North, Range 4 East, W,M, King County, Waslúngton. FOR PARCEL #614360-0186-08: Lots 89 through 92 of the unrecordcd plat of North Lakc Shorelands, said unrecorded plat is included in Government lots 3 and 4, Section 15, Township 21 North, Range 4 East, W.M., King County, Washington. Together with adjoining vacated street rights-of-way; And also those portions oflots 36 and 37 of the said unrecorded plat, lying Southeasterly of the Southeasterly margin of the Roy B. Misner Road (King County Road number 2S37) right-of-way together with adjoining vacated street rights-of.way; , , And also the East 590.00 feet onot 117 of said unrecorded plat. 4Znd Avenue South Parcel: ( The Westerly 30.00 feet of the 42od Avenue South right-of-wãy adjoining lot 116 of the unrecorded plat of North Lake Shorelands, said unrecorded plat is included in Government lots 3 and 4, Section 15, Township 21 North, Range 4 East, W.M, King County, Washington. Description by W &H Pacific, Inc. R~ / ê. #Jfu ROBERTE. W.l\LUS,PLS.NO.18102 D:.fJt.J /'1/ /796' """"'CI\1"'OOO"'o'O"","""""",, 1¡. W"'£S, ,'.." ~oo "=-'~'-~'¿'-"////,â<f-íY- EXHIBIT .4- ~AGE._-3--_0F J/ RECEIVED AUG 2 5 1998 C/iY CLERKS OFFlif C/iYOF FEDERAL vJ-. EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS/HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION WHEN HE/SHE IS NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. WARNING OWNER'S SIGNATURE PRINTED NAME ADDRESS DATE SIGNED 1. t.¥~ { Jí¡:;¡/fflJ !--úJJ6 Jgg'f,) ? Ii AV£ '5 ~//?/f8' 2. 3. 4. ( . 5. 6. 7. 8. 9. 10. EXHIBIT A PAGE_-Z-_OF 4=-- ( (FOR CERTAIN PETITION FOR ANNEXATION TO THE CITY OF FEDERAL WAY, WASHINGTON PROPERTY LOCATED NORTH OF SR-18, EAST OF SOUTH OF S 344TH STREET) ReceIveD AUG 2 5 1998 c9Wo~LØ~~R~FFlce NORTH LAKE ARO'L WAY TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF FEDERAL WAY, WASHINGTON 33530 1ST WAY SOUTH FEDERAL WAY, WASHINGTON 98003 OF THE We, the undersigned, being the owners of not less than sixty percent (60%) in value of the real property herein described and lying contiguous to the City of Federal Way, Washington, do hereby petition that such territory be annexed to and made part of the City of Federal Way under the provisions of RCW 35A.l4.l20, et seq., and any amendments thereto, of the state of Washington. The territory proposed to be annexed is within King County, Washington, and the legal description of which is set forth in Exhibit "A", which is attached hereto and made part hereof, and the boundaries of the territory proposed to be annexed are outlined on the map which is marked as Exhibit "B", .which is attached hereto. The City Council of the City of Federal Way met with the initiating parties at a regularly scheduled meeting on July 21, 1998, and did determine that the City would accept the proposed annexation. At said meeting the City Council did also determine as disclosed by the minutes entry regarding the same in the minutes of the council meeting of July 21,1998, that: ( 1. The area proposed to be annexed to the city would be required to assume its pro rata portion of existing city indebtedness; and 2. Federal Way comprehensive Plan and Zoning Map designations for the area proposed for annexation would be established prior to or concurrent with the annexation of the area proposed to be annexed. WHEREFORE, the undersigned petition the City Council and request: (a) The appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and (b) That following such hearing, and pending approval of the Boundary Review Board, the City Council determine by ordinance that such annexation shall be made, annexing the above described territory, and declaring the date whereon such annexation shall be effective; and the property so annexed shall become a part of the City of Federal Way,. subject to its laws and ordinances then and thereafter in force. The petitioner subscribing hereto agrees that all property within the territory hereby. sought to be annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Federal Way, including assessments or taxes in payment of any bonds issued or debts contracted prior to or existing at the date of the annexation; and that the territory hereby sought to be annexed shall be zoned as determined by the Federal Way City Council prior " ,< o,ooon..' "", co. '°0"0 "."'0" '0. ""'O.~~~B~T':o~ ~ Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHlNGTON, this - day of November, 1998. CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ ATTEST: 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. k,lquadsoulm Res. #98-_, Page 4 Section I. Notice oflntention to Annex. The City of Federal Way hereby declares and gives notice of its intention to annex approximately 19.88 acres lying adjacent to a northern boundary of the City of Federal Way, legally described and depicted in Exhibit B attached hereto and incorporated herein by this reference. Section 2. Timing of Annexation. The City's annexation shall be accomplished by ordinance, which shall provide for the assumption of a pro-rata share of existing City of Federal Way indebtedness by the area to be annexed. The ordinance may be adopted immediately following execution by the City of Federal Way and the Weyerhaeuser Company of a pre-annexation, development agreement in a form acceptable to the parties. The ordinance shall be effective following passage of 45 days from the filing of the City's Notice oflntention to annex as provided in Section 3 below, ifno person invokes the jurisdiction of the Washington State Boundary Review Board for King County ("BRB"), or upon the effective date of the BRB's approval of the annexation if BRB jurisdiction is invoked. Section 3. Filing Notice ofIntention with Boundary Review Board. Pursuant to RCW 36.93.090, the City Manager and/or his designee is directed to file a copy of this Resolution with the Washington State Boundary Review Board for King County, together with the City'sNotice ofIntention to Annex in such form as may be required by the Board, and to take whatever other steps may be necessary to fulfill the intent of this resolution. Section 4. SeverabilitY. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Res. #98-_, Page 3 WHEREAS, the annexation actionis exempt from all environmental review pursuant to RCW 43.2IC.222; and WHEREAS, on August 21,1998, the Weyerhaeuser Company submitted a Petition for Annexation, attached as Exhibit A hereto and incorporated herein by reference; and WHEREAS, the City Clerk has certified that the Petition contains the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, the Annexation Property's legal description was prepared by a professional land surveyor and is contained in Exhibit B hereto, along with a map of the Annexation Property; and WHEREAS, on November 17,1998, the City Council held a public hearing, after public notice as required by law, on the proposed annexation of the subject property, and on a proposed development agreement between the City and the Weyerhaeuser Company; and WHEREAS, the City of Federal Way and King County have conducted certain planning efforts as required by the Growth Management Act, RCW 36.70A. Both the County and City of Federal Way have identified the Annexation Property as within King County's Urban Growth Area, and the Annexation Property is within the potential annexation area of Federal Way; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of the City of Federal Way to annex the subject property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Res. #98-_, Page 2 RESOLUTION NO. 98-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DECLARING AND GIVING NOTICE OF ITS INTENTION TO ANNEX APPROXIMATELY 19.88 ACRES GENERALLY LYING SOUTHEAST OF NORTH LAKE, NORTH OF SR - 18, AND BETWEEN SOUTH 334TH STREET AND SOUTH 336TH STREET AT THE SOUTHERN TERMINUS OF 38TH AVENUE SOUTH. WHEREAS, RCW 3SA.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City of Federal Way; and WHEREAS, on May 27,1998, pursuant to RCW 3SA.14.l20, the Weyerhaeuser Company, as owner of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as certified by the City Clerk, filed a Notice of Intention to Petition for Annexation to the City of Federal Way approximately 19.88 acres of property ("Annexation Property") contiguous to a north boundary of the City of Federal Way; and WHEREAS, the Weyerhaeuser Company had already requested, on January26, 1998, that a Comprehensive Plan and zoning designation be applied to the property; and WHEREAS, On July 21, 1998, the City Council accepted the 10% Petition; authorized circulation of the sixty percent petition; directed that City of Federal Way Comprehensive Plan and Zoning be established prior to or concurrent with the annexation; and directed that the Annexation Property assume its proportionate share of the City's bonded indebtedness; and Res. #98-_, Page I CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum ATTORNEY/CLIENT PRIVILEGED COMMUNICATIONS DATE: November 17, 1998 TO: City Council members Bob C. Sterb~puty City Attorney FROM: SUBJECT: Substitute Resolution Accepting Weyerhaeuser "Residential South" Annexation Petition Please find enclosed for Council consideration a substitute Resolution accepting the Weyerhaeuser "Residential North" Annexation Petition. This replaces Item VI.b in your Council packet. The substitute Resolution contains three minor changes: I. The approximate annexation acreage has been revised, from 18.42 acres to 19.88 acres, to reflect the area of rights-of-way included within the annexation. The rights-of-way were included as part of the 60% annexation petition, but acreage estimates for them only recently became available. A parallel change will be made to the annexation Ordinances prior to second reading. 2. A corrected legal description and map have been added as Exhibit B, and the Resolution text amended to refer to the new exhibit. The legal description attached to the original Resolution as Exhibit A was recently modified slightly, after review by a professional land surveyor, to match the annexation legal description to the map of the proposed annexation area. The corrected description is already attached to the two proposed annexation Ordinances that are part of the Council packet; it has now been added to the Resolution as well. ... 3. A typographical error in the Resolution's header has been corrected. The reference to "South 344th Street" has been changed to "South 334th Street." K:\COUNMEMOlquadanxS.res MEETING DATE: November 17,1998 ITEM# 44- a,,) .................................................................................................................................................................................. ........................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Resolution Accepting the "Residential South" Annexation Petition .................................................................. .......................................... ......................................... ......................... CATEGORY: _CONSENT _ORDINANCE - BUSINESS LHEARING _FYI BUDGET IMPACT: N/A .x RESOLUTION _STAFF REPORT - PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..................................................................................................... ""'...""""""""'---""""'" ATTACHMENTS: Proposed resolution, staff report, maps, development agreement, and legal .....................................................~t:.s.c.Ii.p.t.i<J.II..<J.U~~.II!IJ1.t:~i<J.1I..¡¡.r~¡¡:............. ...................""" .......................................... SUMMARYIBACKGROUND: On 5/27/98 the City received a 10% petition ITom Weyerhauser (submitted by Quadrant) to annex an 18.42-acre area located north of South 320th Street, east ofI-5, and west of Military Road. On 7/21/98 the City Council accepted the petition and authorized circulation of the sixty percent petition. On 8/21/98 the property owner submitted a 60% petition for annexation of the subject property. A development agreement has also been proposed. Council adoption of the annexation petition is subject to a public hearing, Council resolution accepting the petition, and the annexation ordinance. ............................... CITY MANAGER RECOMMENDATION: That the City Council adopt the attached resolution accepting ...~;;~ ~~~~.~.~.~~ ~;;.. i.;~:; ~~.~ ~:.. ~ t. ~~ . t.~.. ~r.~~. ~~~.. ~~ ~ 4 ð ~ ~~ ~ . ~ ~ ~: t.~ ~.t..t:..~ ~~" .. t~.. t~~.. .. APPROVED FOR INCLUSION IN COUNC~: PACKET: ( (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED TABLEDIDEFERRED/NO ACTION COUNCIL BILL # Ist Reading Enactment Reading ORDINANCE # RESOLUTION # DRAFT RESOLUTION NO. 98-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DECLARING AND GIVING NOTICE OF ITS INTENTION TO ANNEX APPROXIMATELY 18.42 ACRES GENERALLY LYING SOUTHEAST OF NORTH LAKE, NORTH OF SR - 18, AND BETWEEN SOUTH 344Tl1 STREET AND SOUTH 336TH STREET AT THE SOUTHERN TERMINUS OF 38Tl1 A VENUE SOUTH. WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City of Federal Way; and WHEREAS, on May 27,1998, pUTsuant to RCW 35A.14.120, the Weyerhaeuser Company, as owner of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as certified by the City Clerk, filed a Notice ofIntention to Petition for Annexation to the City of Federal Way approximately 18.42 acres of property ("Annexation Property") contiguous to a north boundary ofthe City of Federal Way; and WHEREAS, the Weyerhaeuser Company had already requested, on January 26,1998 that a Comprehensive Plan and zoning designation be applied to the property; and WHEREAS, On July 21, 1998, the City Council accepted the ten percent petition; authorized circulation ofthe sixty percent petition; directed that City of Federal Way Comprehensive Plan and Zoning be established prior to or concurrent with the annexation; and directed that the Annexation Property assume its proportionate share of the City's bonded indebtedness; and Res. #98-_, Page I WHEREAS, the annexation action is exempt from all environmental review pursuant to RCW 43.21c.222; and WHEREAS, on August 21, 1998, the Weyerhaeuser Company submitted a Petition for Annexation, attached as Exhibit A hereto and incorporated herein by reference. The Annexation Property is legally described and depicted in attachments to the Petition, which the City Clerk has certified contains the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, on November 17, 1998, the City Council held a public hearing, after public notice as required by law, on the proposed annexation of the subject property, and on a proposed development agreement between the City and the Weyerhaeuser Company; and WHEREAS, the City of Federal Way and King County have conducted certain planning efforts as required by the Growth Management Act, RCW 36.70A. Both the County and City of Federal Way have identified the Annexation Property as within King County's Urban Growth Area, and the Annexation Property is within the potential annexation area of Federal Way; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of the City of Federal Way to annex the subject property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Notice ofIntention to Annex. The City of Federal Way hereby declares and gives notice of its intention to annex approximately 18.42 acres lying adjacent to a northern Res. #98-_, Page 2 boundary of the City of Federal Way, legally described and depicted in attachments to the Petition (Exhibit A hereto) which is incorporated herein by this reference. Section 2. Timing of Annexation. The City's annexation shall be accomplished by ordinance, which shall provide for the assumption of a pro-rata share of existing City of Federal Way indebtedness by the area to be annexed. The ordinance may be adopted immediately following execution by the City of Federal Way and the Weyerhaeuser Company of a pre-annexation, development agreement in a fonn acceptable to the parties. The ordinance shall be effective following passage of 45 days from the filing of the City's Notice ofIntention to annex as provided in Section 3 below, ifno person invokes the jurisdiction of the Washington State Boundary Review Board for King County ("BRB"), or upon the effective date of the BRB's approval of the annexation if BRB jurisdiction is invoked. Section 3. Filing Notice of Intention with Boundary Review Board. Pursuant to RCW 36.93.090, the City Manager and/or his designee is directed to file a copy of this Resolution with the Washington State Boundary Review Board for King County, together with the City's Notice ofIntention to Annex in such fonn as may be required by the Board, and to take whatever other steps may be necessary to fulfill the intent of this resolution. Section 4. Severabilitv. Ifany section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratitied and affinned. Res. #98-_, Page 3 Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOL VED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of November, 1998. CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: ~~ (\ -;1&i~ ~ '. CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. koIq"""",,ut.... Res. #98-_, Page 4 (FOR CERTAIN PETITION FOR ANNEXATION TO THE CITY OF FEDERAL WAY, WASHINGTON PROPERTY LOCATED NORTH OF SR-18, EAST OF SOUTH OF S 344TH STREET) ReceIveD AUG 2 5 1998 CITY CLE CITY OF F:O~R~FF1(,C NORTH LAKE ANIyL' TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF FEDERAL WAY, WASHINGTON 33530 1ST WAY SOUTH FEDERAL WAY, WASHINGTON 98003 OF THE We, the undersigned, being the owners of not less than sixty percent (60%) in value of the real property herein described and lying contiguous to the City of Federal Way, Washington, do hereby petition that such territory be annexed to and made part of the City of Federal Way under the provisions of RCW 35A.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within King County, Washington, and the legal description of which is set forth in Exhibit "A", which is attached hereto and made part hereof, and the boundaries of the territory proposed to be annexed are outlined on the map which is marked as Exhibit "B", which is attached hereto. The City Council of the City of Federal Way met with the initiating parties at a regularly scheduled meeting on July 21, 1998, and did determine that the City would accept the proposed annexation. At said meeting the City Council did also determine as disclosed by the minutes entry regarding the same in the minutes of the council meeting of July 21,1998, that: 1. The area proposed to be annexed to the city would be required to assume its pro rata portion of existing city indebtedness; and 2. Federal Way Comprehensive Plan and Zoning Map designations for the area proposed for annexation would be established prior to or concurrent with the annexation of the area proposed to be annexed. WHEREFORE, the undersigned petition the City Council and request: (a) The appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and (b) That following such hearing, and pending approval of the Boundary Review Board, the City Council determine by ordinance that such annexation shall be made, annexing the above described territory, and declaring the date whereon such annexation shall be effective; and the property so annexed shall become a part of the City of Federal Way, subject to its laws and ordinances then and thereafter in force. The petitioner subscribing hereto agrees that all property within the territory hereby sought to be annexed shall be assessed and taxed at the same rate and on the same basis as other property wi thin the City of Federal Way, including assessments or taxes in payment of any bonds issued or debts contracted prior to or existing at the date of the annexation; and that the territory hereby sought to be annexed shall be zoned as determined by the Federal Way City Council prior to or concurrent with the public hearing on the requested annexation. , .-..AA '." II EXHIBIT ....!!I:LL RECEIVED AUG 2 5 1998 c1TY'TYoClEAKS OFFICE F FEDERAL WAY EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS/HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION WHEN HE/SHE IS NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. ~ -rt>3tv 1. OWNER'S SIGNATURE t.¥~ PRINTED NAME ADDRESS DATE SIGNED t.. jíff/f¡::¡J J.JtU(; jggrs ? ~ AV£ '5 ~/;Jlf% 2. 3. 4. 5. 6. 7. 8. 9. 10. EXHIBIT A Legal Description for Annexation for portion of Quadrant Corporation's East Campus Parcel 3 Single Family Detached Project RECEIVED AUG 2 5 1998 ~ITY CLERKS OFFICE CITY OF FEDERAL WA' FOR PARCEL #614360-0635-05: Lot 116 of th~ unrecorded plat of North Lake Shorelands, said unrecorded plat is included in Government lots 3 and 4, Section 15, Township 21 North, lUnge 4 East, W.M, King County, Washington. FOR PARCEL #614360-0186-08: Lots 89 through 92 of the unrecorded plat of North Lake Shorelands, said unrecorded plat is included in Goverrunent lots 3 and 4, Section IS, Township 21 North, lUnge 4 East, W.M., King County, Washington. Together with adjoining vacated street rights-of-way; And also those portions of lots 36 and 37 of the said unrecorded p1at,Iying Southeasterly of the Southeasterly margin of the Roy B. Misner Road (King County Road number 2537) right-of-way together with adjoining vacated street rights-of-way; And also the East 590.00 feet of lot 117 of said unrecorded plat. 42nd Avenue South Parcel: The Westerly 30.00 feet of the 42od Avenue South right-of-way adjoining lot 116 of the unrecorded plat of North Lake Shorelands, said unrecorded plat is included in Government lots 3 and 4, Section IS, Township 21 North, Range 4 East, W.M., King County, Washington. Description by W &H Pacific, Inc. 7?~ / E Pd!:u ROBERT E. W¥-US, PL.S. NO. 18102 D~.J /'1/ /796' """""C1\IOI""""""""","""", 1¡,. ~1(P.qES ..." :i!ðoo ..='-~'-~z"",>.....,.u~C' EXH, ',1' IT ,; ..,. W-'" "',~ 1"-"--- i< ,OT . 't I' I : ~l .,< ", .;:: '" . ~ I " I +~ i ~" ¡¡I ~. , ,,~:. 0 ,Z I", ¡~ ,. '" ,,'it:.>"""'" .' ~,,". R=... "'~ CU, 14-'20 J ~ :,..."" ,"" ,l~., - I . ... ~ ;:~ .1' ! ,.."" .. , ::!.. FEDERAL WAY DEPARTMENT OF COMMUNI1Y DEVELOPMENT SERVICES REPORT TO THE FEDERAL WAY CI1Y COUNCIL SOUTH 344TH STREET ("RESIDENTIAL SOUTH") ANNEXATION & DEVELOPMENT AGREEMENT FEDERAL WAY FILE No: ANN98-0002 PUBLIC HEARING: NOVEMBER 17, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL 33530 FIRST WAY SOUTH (253.66 1.4 I 18) REPORT PREPARED BY: LORI MICHAELSON. SENIOR PLANNER TABLE OF CONTENTS SECTION I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. GENERALINFORMATlON ..................... ACTlONS REQUESTED. . . """."" . . . . . . I HISTORY AND BACKGROUND ",," " " " 3 .""."""". DEVELOPMENT AGREEMENT "."" " ".4 ""." COMPREHENSIVE PLAN AND ZONING """"" ",,4 ENVIRONMENTAL REVIEW. . . . . . . . . . . """.""".5 LAND USE AND DEVELOPMENT CHARACTERISTICS . . .5 PUBLlCFACILmESANDSERVICES ..........................6 COSTS AND REVENUES TO THE CITY ASSOCIATED WITH THE ANNEXATlON .9 DECISIONAL CRITERIA. . . " . 16 ""." " ~NrnNGS......................... . ""."" 18 STAFF RECOMMENDATlON """".19 """"."""". LIST OF EXHIBITS ExHIBIT A; ExHIBIT B; EXHIBIT C; ExHIBIT D; ExHIBIT E; ExHIBIT F: SIXTY PERCENT ANNEXATION PETITION VICINITY/PARCEL MAP POTENTIAL ANNEXATION AREA (PAA) BOUNDARIES PROPOSED DEVELOPMENT AGREEMENT ExiSTING COMPREHENSIVE PLAN MAP ExiSTING ZONING MAP I. A GENERAL IN.FORMATION PRO.JECT NAME: ApPLICANT: LOCATION: PARCEL NUMBERS: PRO.JECT AREA: KING COUiNTY ZONING: KING COUNTY COMPREHENSIVE PLAN DESIGNATION: PROPOSED FEDERAL WAY COMPREHENSIVE PLAN DESIGNATION: PROPOSED FEDERAL WAY ZONING: II. ACTIONS REQUESTED South 334th Street ("Residential South") Annexation Weyerhaeuser Real Estate Company c/o Susan Heikkala, Quadrant Corporation PO Box 130 Bellevue, WA 98009 (424.455.2900) Within King County, adjacent to the City of Federal Way, generally lying southeast of North Lake and north of SR-18; between South 344th Street and South 336th Street at the southern terminus of 38th Avenue South. The annexation area is located within the City of Federal Way's adopted Potential Annexation Area (PAA) and Urban Growth Area (UGA). 614360-0186,614360-0635 18.42 acres (excluding right-of-way) R-4 (Residential; 4 units per acre). Urban Residential (4-12 dwelling units per acre) Single Family - High Density 1 RS-9.61 (I dwelling unit per 9,600 square feet ofland area, or 4 dwelling units per acre) The City of Federal Way has received an annexation petition from the Weyerhaeuser Company (Exhibit A) to annex certain real property (Exhibit B) located within unincorporated King County and commonly referred to as the "Residential South" annexation. The proposed annexation area lies contiguous to existing City boundaries and \ Federal WaY..£~;J1rehensive plan and zoning deSIgnations as proposed in the comprehensive plan and zoning updates currently under review. -}- Staff Report to the City Council File No. ANN98-0002 November 17, 1998 is located within the City of Federal Way's Potential Annexation Area (Exhibit q. The applicant is also proposing a development agreement (Exhibit D) for the purpose of vesting development in the annexation area to Federal Way City codes, policies, and regulations in effect at the time of complete application. Pursuant to Washington State LaW> and Federal Way City Code (FWCC)3, the City Council may decide on the proposed annexation and development agreement following a public hearing. The required public hearings for both actions will be combined into one public hearing on November 17, 1998. There are no statutory requirements for the public hearings other than to provide an opportunity for public testimony. Following the November 17,1998 public hearing, the City Council may, by a majority of the total membership, accept the 60 percent petition, and may by resolution declare and give notice of its intention to annex the subject property'; direct staff to submit a Notice ofIntent to Annex to the King County Boundary Review Board'; accept the development agreement and make a motion to move the ordinance establishing the development agreement to second reading; and make a motion to move the ordinance approving the annexation to second reading. As a separate but concurrent agenda item6, the City Council will also consider pre-annexation comprehensive plan and zoning designations for the subject property on November 17, 1998. A comprehensive plan designation of High Density Residential and zoning classification of RS-9.67, respectively, are proposed for the subject property. In the event that the Council does not adopt the proposed designations prior to taking final action' on the annexation, then Council must establish interim comprehensive plan and zoning designations9 for the subject 2 RCW 3,..14.010 au1horizes cities to annex property, 3'AI4.120 etseq.. governs the 60% petition methodofannexalion; RCW 36.708.170 et seq. governs development agreements. 3 FWCC Chapter 19, Article uI. Annexations. 4 Becawoethe annexation ia aubject to..view by the King County Boundary Review Boord (RCW 36.93.090.100), ..annexation ordinance paøed fullowing a bearing but before board review cannot yet be effective. The City Council must frn adopt a resolution of intent to annex, to authorize the filing ofa Notice of Intent to Annex with the BRB. If the Cnuncil wiabes to aimuhaneoualy adopt an annexation ordinance, they may do.. conditioned upon BRB cleannce. 'Ifcleannce ia received from the boundary review board and no aullicient ..ferendum petition ia filed within 45 days from passage of the annexation ordinance (excluding the date of passage) the annexation will be effective upon the date fixed in the ordinance. 6 The November 17, 1998 Council agenda alao includes the annual update of the Federal Way Comprehemive PI.. ..d Zoning Map. 7 Single F..ruly Residiential, 9600 square feet oflot area per dwelling unit 8 Second reading passage of the annexation ordinance hy the City Council conatitutes final action. 9 Interim zone proviaiom are act forth in FWCC Sec. 19-102. Interim zoning may be in place for no longer th.. 12 months (unl..a detennined otherwiae hy ordin..ce), at which time ollicial wning muat be establiahed to aupercede the interim claaaification. -2- Staff Report to the City Council File No. ANN98-0002 November 17, 1998 property in the annexation ordinance. In this case, Council may either retain the underlying King County Comprehensive Plan and zoning designations, or may establish comprehensive plan and zoning designations of Urban Residential and RS-9600, respectively. Such designations as directed by Council would then be included in the annexation ordinance. Refer to v., below, for additional information. III. HISTORY AND BACKGROUND On May 27, 1998, the City received a petition from the Weyerhaeuser Company, signed by the owners of not less than ten percent of the assessed value of the property within the annexation area (formally called a "Notice of Intent to Petition for Annexation "). On July 21, 1998, the City Council accepted the ten percent petition; authorized circulation of the sixty percent petition; directed that City of Federal Way Comprehensive Plan and Zoning be established prior to or concurrent with the annexation; and directed that the property within the annexation area assume its proportionate share of the City's bonded indebtedness. On August 21, 1998, the City received a petition from the Weyerhaeuser Company (Exhibit A), signed by owners of not less than sixty percent of the assessed value of property within the annexation area, to annex the subject property (Exhibit B), located within the City's Potential Annexation Area (Exhibit C). The petition was certified by the King County Assessor and Federal Way City Clerk, and a City Council public hearinglO was scheduled. As submitted, the applicant's sixty percent petition includes the portion of the South 42nd Street which lies contiguous to the east boundary of the annexation area as it was depicted in the applicant's previous Notice of Intent to Petition for Annexationll. This boundary revision as submitted is limited to right-of-way only and it does not impact any private property nor affect the remaining annexation area boundaries. Staff has determined that this minor boundary revision has merit to ensure that all portions of any future development of the site are located within City limts and not partially within King County, which could result from the county's approval of any future right-of-way vacation of South 42nd Street. Also, City staff have been advised by the King County Boundary Review Board (BRB) that the sixty percent petition can be accepted by the City Council with this minor right-of-way addition. Therefore, the revised boundary is supported by staff as submitted with the sixty percent petition and is being included as part of the annexation proposal under consideration. As noted above and described in IV, below, a development agreement has also been prepared 10 Punmant to RCW 35AI4.130, when a kgally sum",nt p<tition is filed, the City Council may conduct a puhlic heMing on the petition. II The "Noti" of Intent to Petition for Annexation" is mo" commonly "feITed to '" the "en p...cent petition" '"'ge of the petition method of annexation. The City Council "viewed the "ten p..."nt petition" at their July 21, 1998 me<ting. -3- StafJReport to the City Council File No. ANN98-0002 November 17,1998 for Council consideration. The development agreement is also subject to a public hearing and adoption by Council ordinance. The required public hearing on the development agreement will be combined with the annexation public hearing. IV. DEVELOPMENT AGREEMENT As provided for in RCW36.70.B.170, a development agreement (Exhibit D) has been prepared for the annexation area. The sole purpose of the development agreement is to vest development applications to City codes, rather than King County codes, in advance of the effective date of the annexation. Under the development agreement, land use applications for the annexation area will vest to Federal Way codes in effect at the time an application is determined complete by the City and prior to the annexation effective date. The City is currently developing an agreement with King County and Quadrant to allow the City's processing of land use applications in advance of annexation, with full cost recovery. The vesting provision minimizes the possibility of the application being vested to King County codes in advance of annexation to the City, and also provides the applicant with predictability in development review. The proposed development agreement is supported by the applicant and City staff. V. COMPREHENSIVE PLAN AND ZONING A. ExISTING KING COUNTY COMPREHENSIVE PLAN AND ZONING The existing King County Comprehensive Plan designation for the property within the annexation area is Urban Residential (Exhibit E), and existing zoning is RS-4 (Exhibit F). King County zoning ofR-4 would allow 4 dwelling units per acre. B. FEDERAL WA Y COMPREHENSIVE PLAN AND ZONING The City's Annexation Ordinance (FWCC Chapter 19, Article III) requires that zoning be imposed at the time of annexation. At this time, City of Federal Way Comprehensive Plan and Zoning designations of Single Family High Density and RS- 9.6, respectively, have been proposed for the annexation area, as part of the comprehensive plan and zoning updates currently under review. In the event that the Council does not adopt the proposed designations prior to taking final action on the annexation, but wishes to adopt the annexation, then Council must also establish interim comprehensive plan and zoning designations. In this case, Council may either: -4- StajJReport to the City Council File No. ANN98-0002 November 17, 1998 (1) retain the underlying King County Comprehensive Plan and Zoning designations of Urban Residential and R-4, or (2) establish a zoning classification ofRS-9600. C. COMPARISON WITH ExISTING KING COUNTY ZONING Existing King County zoning and proposed Federal Way zoning are comparable. Both the existing county classification ofR-4, and the proposed Federal Way zoning classification ofRS-9.6, both provide for approximately 4 dwelling units per acre. Consequently, development of the subject property under Federal Way's RS-9.612 wning will result in residential densities comparable to or less than currently planned. VI. ENVIRONMENTAL REVIEW Annexation is an exempt action under the State Environmental Policy Act (SEPA) (RCW 43.21C.222). A Determination of Non-Significance (DNS) was issued on May 6, 1998, for the comprehensive plan and zoning designations for the annexation areas. Project-specific impacts related to subdivision and development of the property will be subject to environmental review at the time of development application. The proposed development agreement is not subject to environmental review since it is consistent with the 5/6/98 MDNS. VII. LAND USE AND DEVELOPMENT CHARACTERISTICS A. LAND USE The annexation area is located within the City of Federal Way's adopted Potential Annexation Area (Exhibit C). The property is owned by the Weyerhaeuser Corporation and is presently vacant and undeveloped. Refer to Exhibits E and F for existing comprehensive plan and zoning designations for the site and surrounding areas. At the present time, all property located immediately north, east and west of the site is located within King County, and the property to the south and southwest is located within the City of Federal Way. Existing King County zoning classifications are R-4 (north and west of the site) and R-6 (across South 334th to the northwest). Existing Federal Way zoning classifications include GP-] (south of the site) and RS-9.6 (southwest of the site). Current land uses surrounding the area include a mix of low density single family residential, vacant land, and a former school occupied by a church organization 12 RS9-6 yield. a gro,," density of app<oximatoly 4 dwdling units p" acre Actual"" density (aftcr d,duction for "",ts and open 'pa" in ,ubdivi,ion dosign) i, expected to be do", to 3 units pcr acr, -5- Staff Report to the City Council File No. ANN98-0002 November 17.1998 B. CURRENT SITE: DEVELOPMENT PLAN Weyerhaeuser has submitted a preliminary plat concept for the annexation area and the abutting property to the south". The conceptual plan includes a total of 90 dwelling units on a 38.S-acre site!', with associated streets, stormwater facilities, open space and wetland buffers. The proposed subdivision and residential development of the annexation area will be reviewed under Federal Way City Code (FWCC) Chapter 20, Subdivisions, FWCC Sec. 22-631, detached dwelling unit~5; and under all other applicable city codes, policies, and regulationsl6. Development of the site will also be subject to the State Environmental Policy Act (SEPA) and the vesting provisions of the proposed development agreement, if approved. Preliminary site assessment indicates wetlands on and adjacent to the annexation area. As stated above, the proposed subdivision will be subject to the City's Environmentally Sensitive Areas ordinance and SEP A. The proposed development agreement contains no development regulations which would modify existing Federal Way City Code requirements pertaining to environmentally sensitive areas or any other aspects of site development. The proposed single family land use and residential density on the site is compatible with existing and planned land uses and the surrounding neighborhoods. Refer to IX. B., below, for the development scenario used as a basis for this analysis. VIII. PUBLIC FACILmES AND SERVICES Following is a description of public facilities and services (urban services) that are currently 13 The portion of the proposedsingJe fsmily residentis! plat lying on the property to the south, and currently I""ated within the City, dependa upon the Council's approval of the proposed "zone of the property ftom OP-I 10 R-9.6, as currently proposed in the oomp"hem;ive plan and zoning Updalcs, and ","ovel of the property ftom the OP-! oonoomitanl zoning ag>'eemenl 14 As proposed hy Weyerhauser, the subdivision siIe includes 38.5 acres lotal (18.42 aores is the annexation area and 20.11 acres is currently located within the City of Federa! Way. IS [fthe siIe is annexed, this code section will apply 10 "view of the site whether the Council adopts the proposed zoning designation of RS-9.6 or an interim zoning designation (since RS-9.6 is equivalenllo e,osting K;ng County zoning. and il is also equivatent to RS-9600, which is an interim zoning designation the zoning designation in lieu of adopting county zoning. as provided for by FWCC 19-102 et seq. 16 In acoordanoe with the lenns of the proposed development ag>'eement, development of the siIe will be vested to codes. polio"s. and regulaliom; in effect at the lime thai the agreement is approved. -6- StajJReport to the City Council File No. ANN98-0002 November 17, 1998 available to the annexation area and can efficiently be provided by the City of Federal Way and its service area providers. Urban services include transportation, police, fire, water, sewer, surface water, parks and recreation, and general government services. An analysis of costs and revenues to the City related to urban services is provided under IX, below. A. TRANSPORTA nON Access to the annexation area is available ITom 33rd Place South, South 334th Street, 38th Avenue South, and South 336th Street (Exhibit B). All of these surrounding streets are currently under the county's jurisdiction and are not included within the proposed annexation boundaries. However, there are portions of existing unimproved rights-of-way which have been contained within the annexation boundaries. These include a portion of South 336th Street (along the south boundary of the annexation area) and 42nd Avenue South (along the east boundary). No street improvements within these rights-of-way are proposed at this time by the applicant!'. Any such street improvements or connectivity required by the City will be detennined during project-level review. If the annexation is approved, King County will retain ownership and maintenance of all existing external streets and rights-of-way, with the exception of the South 336th and 42nd Avenue South undeveloped rights-of-way, which will fall within the City's jurisdiction. In addition, as part of subdivision design, all internal streets will be improved to City of Federal Way standards and maintained by the City. Required transportation18-related improvements, on and off site, will be determined during development review, under the Federal Way City Code and Comprehensive Plan, the State Environmental Policy Act (SEPA), and all other applicable codes, policies, and regulations. In order to estimate costs to the City associated with maintenance of future streets within the annexation area, the applicant's current conceptual site plan was used as a development forecast. Refer to IXB, below, for the applicant's development scenario used as a basis for analysis, and IXD., below, for a description of development-related transportation costs. B. PUBLIC SAFcrY t7 The applicant's cun-ent site plan anticipates vacation of the South 336th St,.ct and 42nd Avenue South rights-of-way, howcver. right- of-way vacation is a separate application subject to the City's revicw and approval. 18 Improvements to exi"ing and new sUeets. any off site mitigation, and ,.Ia"d facilitie" as rcqui,.d for the ..fe ,nd efficient movoment of vehicles, pedestrians. bicycles, public transportation, emergency vchicles, and school huses. will be detennined through the development and env¡'onmental review processes and applied to the project. -7- Staff Report to the City Council File No. ANN98-0002 November 17,1998 Police and fire services are available to the site and will be provided by the City's Public Safety Department and Federal Way Fire Department!9 King County provides jail and court services to the City of Federal Way on a contractual basis. Emergency medical services (EMS) are dispatched by the fire district and paid for by property taxes. A safe and secure environment will be ensured through current building and fire codes, as well as site design requirements, including application of "Crime Prevention Through Environmental Design" (CPTED) principles as appropriate. c. UTILITIES Domestic water and sanitary sewer are currently available to the area and can be provided by the Lakehaven Utility District The District currently provides water to this area, however, sanitary sewer is not currently provided. The annexation area is located within the District's approved sewer service area boundary. The district has indicated that it currently has capacity to collect and treat sewerage from the parcels within the annexation area, however, pump station #19, located west of the annexation area, must be upgraded to accept the additional flow. The district is currently processing the applicant's developer extension agreement to upgrade this pump station and extend gravity sewer main across the intervening parcels between the pump station and development in the annexation area. In summary, the district stated that the additional sewer service will be financed through the developer's extension of facilities. Other utility providers are expected to include Puget Sound Energy (electricity, power poles, and equipment), Federal Way Disposal (solid waste and recycling collection), and TCI (cable). D. SURFACE WATER QUANTITY AND QUALITY The applicant has indicated that the subject property is located in the East Branch Hylebos Creek Sub-Basin. Presently, site-generated surface water runoff drains generally south and west to existing wetlands. The developer will be required to provide on site facilities for detention and treatment of storm water in accordance with the King County Surface Water Design Manual, the Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes, policies, and standards. Any off site mitigation measures necessary to address surface water-related adverse impacts will be required through environmental review. Also, surface water management (SWM) fees will be collected by the City on an annual basis. Project- specific impacts are expected to be addressed through these processes. 19 Fedenol Way Fi<e Department is o""ed and opcraled by the KingCounlY Fi<e Diw;ct. No fi<e-<elated eost will accrue 10 the Cily.. a ",ult of the annexation. -8- Staff Report to the City Council File No. ANN98-0002 November 17,1998 E. PARKS AND RECREATION The Parks Department has indicated that there are no nearby neighborhood parks to meet the recreation needs of future residents located within the annexation area. However, the City's subdivision ordinance will require the applicant to provide usable open space on site comparable to a neighborhood-scale park, which is anticipated to generally meet the needs. Consequently, the impact to the existing City-wide parks LOS is expected to be minimal. F. GENERAL GOVERNMENT SERVICES General government selVices (Municipal Court SelVices, Civil Legal SelVice, Community Development & Administrative Services) will be provided concurrent with annexation and development of the subject site. G. OTHER PUBLIC SERVICES Schoof Services: Federal Way School District has indicated that the annexation area is located within the selVice boundaries of Lake Dolloff Elementary School, Kilo Junior High School, and Thomas Jefferson High School. Impacts to these schools and related services, resulting from additional population generated by development in the annexation area, is expected to be mitigated by school impact fees. Impact fees are collected by the City at building permit issuance and passed on to the school district. The City budget is not affected by school impact fees. Franchises: The City of Federal Way currently has franchises with TCI (cable selVice), Puget Sound Energy (power poles and equipment) and Federal Way Disposal (solid waste and recycling collection). The City is also developing agreements with several telecommunications selVice providers. Revenues ITom ITanchise fees are collected by the City as described in Section Ix., below. IX. COSTS AND REVENUES TO THE CITY ASSOCIATED WITH THE ANNEXATION A. INTRODUCTION The financial impact to the City of Federal Way of the proposed annexation and development, projected over a six year evaluation period (1999-2004), is described in the following paragraphs and tables. Paragraph B describes the development scenario that was used as a basis for the fiscal analysis. Estimated revenues for building permit fees, property taxes, and real estate excise tax, etc., were based on this .9- StafJReport to the City Council File No. ANN98-0002 November 17,1998 scenario. Paragraph C shows post-development operating revenues, paragraph D shows operating expenditures, and paragraph E summarizes the analysis. Tables I and 2 are located at the end of Section Ix. Table 1 (Effect of the Annexation on Growth Variables) applies the development scenario (in paragraph B) to key growth variables such as population and assessed valuation. Table 2 (Operating Revenues and Expenditures) shows anticipated operating revenues, expenditures, and annual net financial impact of the annexation, based on the growth variables shown on Table 1 and related assumptions shown on Table 2. B. DEVELOPMENT SCENARIO USED AS A BASIS FOR ANALYSIS As currently proposed2O by the applicant (Weyerhaeuser Company), a 90-10t single family residential subdivision in the annexation area and on the adjacent site to the south (currently located in the City of Federal Way). Approximately one-half (45) of the total units (90) are expected to be constructed on the annexation site, with the balance on the adjacent site currently located witlún the City. Consequently, only the approximate one-half of the project located in the annexation area was considered in assessing financial impacts associated with annexation and development of the site. Figure 1, below, uses the applicant's projected rate of construction and sales of the homes, from 1999-2001. Approximately 10 units are projected to be built in 1999, with the balance built in 2000, the bulk sold in 2000, with 100% sales in 2001. FIGURE I ESTlMATED CONSTRUCTlON AND SALES ACTlVfTY,' 1999-200 I PER..YEAR ACTlVfTY 1999 2000 2001 NEW UNrTS BUILT 10 35 -0- NEW UNrTS SOLD 5 35 -0- TOTAL UNrTS SOLD 5 35 5 CUMULATlVE ACTlVfTY 1999 2000 2001 TOTAL UNrTS BUILT 10 45 45 TOTAL UNrTS SOLD 5 35 40 20 A preliminary pmpo..1 for an 90-101 single family subdivision has heen submitted hy Weyeri>aeuse>' and is euITently under "view by theCily. -10- Staff Report to the City Council File No. ANN98-0002 November 17, 1998 c. REVENUES ANTICIPATED FROM THE ANNEXATION AREA Refer to Table 2, Operating Revenues, for estimated fiscal impacts to the City associated with the various revenues described below. (1) (2) + (3) (4) (5) Property Tax: The 1997 assessed valuation (A V) of the annexation area2! is $437,000. It is estimated that the City will receive 0.16 percent of the assessed valuation (A V) as property tax, or $1.528 per $1,000 of A V, with a projected growth rate of 1.035 per year. Property tax revenues anticipated to be generated over the six-year study period are shown on Table 2. Sales Tax: No sales tax revenues are anticipated. Real Estate Excise Tax (REE1)22: Real estate excise tax will be collected by King County and distributed to the City as individual dwelling units are sold. It should be noted that a residential resale rate of five to seven years2' is expected, generating some ongoing REET revenues over time. However, this was not included in the six-year analysis. Utility Tax'°: Utility taxes to be generated by the households, assuming full occupancy by 2002, are shown on Table 2. Permit Fee;': Building permit fees will be collected by the City as building permits are issued throughout the project's construction phase. Table 2 shows anticipated building permit revenues25 associated with this development scenario, using an estimated average-per-unit permit fee26 of $1,652.00. (6) State Shared Revenues: State shared revenues (gasoline tax, motor vehicle 21 E>cisting assessed valuotion of all land within the annexation am.. 22 REET and utility tax revenues must be spent solely on capital projects (or associated debt service) contained in the City's Capital Facilities Plan (CFP). 23 p", applicant and industry sIan<lard. 24 Building pennit revenue only. Miscellaneous development fe'" including land use pennits and engineering plans "view are not expected to be significant and were not projected. 25 Projected building pennit fees were based on the City', cu","t permit fee "hedule. and the potential fee incr.... cu",enlly und", "view hy th, City Council was not facto"d in. 26 Based on exi>ling fee structu". -11- Staff Report to the City Council File No. ANN98-0002 November 17,1998 (7) (8) D. excise tax, liquor board profits, criminal justice tax, and liquor excise tax, etc.) are distributed to cities on the basis of population. Projected revenues based on population forecasts" for households are shown in Table 2. Franchise Fees: Franchise fees are collected by the City ITom cable users, as shown on Tables 1 & 2. Surface Water Management (SWM) Fees: SWM fees are calculated based on impervious surface and assessed annually to individual dwelling units. Estimated SWM fees are shown in Table 2. OPE:RA TlNG £](:PE:NDITURE:S ANTICIPA TE:D AS A RE:SUL T OF' ANNE:XA TION Refer to Table 2, Operating Expenditures, for estimated fiscal impacts to the City associated with the various expenditures described below. (1) (2) (3) Transportation (streets and traffic control facilities): No existing right-of- way improvements will become the City's responsibility as a result of the annexation. However, as a result of the proposed residential subdivision of the site, the City will acquire approximately 3,000 additional lane feee' of right-of way. Ongoing annual street maintenance costs were estimated based on a per-lane-mile cost including street light maintenance, electricity, shoulder restoration, patching, street channelization, and signage. Estimated annual right-of-way maintenance costs are shown on Table 2. Police Services: The impact of annexation and development on the public safety department would be the increase in population and area to patrol. The Public Safety Department has indicated that site development will affect Patrol District 6, and the impact to police services is expected to be minimal. Table 2 provides the estimated financial impact to police services resulting from the increased population. Parks and Recreation: The City of Federal Way's 1995 Parks, Recreation, and Open Space Plan utilizes a Level of Service (LOS) standard of 10.9 acres of public parks and open space per 1,000 population. Additionally, the Parks 27 Apopulalion factor 0[2.5 pene", per dwelling unil was used, based on OFM forecasts modified by the Finance Department. streets. 28 Lane feet (or lane mil,,) i, an e"imale of total impmved street ...ex, based on the length tim" the width. ofexi'ling ;"'d/o, p,"pooed -12- Staff Report to the City Council File No. ANN98-0002 November 17, 1998 Plan seeks to ensure that every neighborhood in the City is served by a park within a one-half mile radius. Currently, the City owns 818 acres of park land, or 10.6529 acres of park land per 1,000. Also, no neighborhood parks are located within a one-half mile radius of the annexation area. However, as shown on table 2, the development-related impact to the existing Parks LOS is expected to be minima!'"' Additionally, as discussed in VIII. E., above, parks-related impacts are expected to be minimized by on site open space, as required by the City's subdivision code requirements. (4) Municipal Court Services, Civil Legal Service, Community Development & Administrative Services: Operating expenses associated with these services are based on population and an established formula used by the City of Federal Way Management Services, and are shown on Table 2. (5) Surface Water Management (SWM): The City's SWM maintenance costs as a result of the annexation and development of the subject property will be covered by the corresponding SWM fees that will be charged to residents (see Table 2). Annual surface water maintenance within the City's rights-of-way will include ditch cleaning, culvert maintenance, weeding, street sweeping, and vacuum/jet rodding. TURN TO PAGE 14 (TABLE 1). 29 Rounded to nearest hundredth from 10.648, as shown on Table 2. 30 B",ed on the Parl<s LOS of 109 """" pecthou,and population, 1125 ",dien" will geneca'" the need fo' an additional 1.23 Rem of parl<s, which is expected to be addr=ed by providing comp...able on ,i", open 'p= and recrealion opportuni'i" on "te. -13- TABLE 1 EFFECT OF THE ANNEXATION AND DEVELOPMENT ON GROWTH VARIABLES 1999-2004 FEDERAL WAY AFTER ANNEXATION AND DEVELOPMENT GROWTH VARIABLES (EXISTING) 1999 2000 2001 2002 2003 2004 Population* 76,820 76,833 76,920 76,933 76,933 76,933 76,933 Assessed Valuation 4,196,733 4,198,871 4,205,018 4,205,267 4,205,523 4,205,523 4,205,523 (in ooo's) Housing Units 30,724 30,734 30,769 30,769 30,769 30,769 30,769 Cable Users** 29,787 29,792 29,823 29,828 29,828 29,828 29,828 Lane Miles*- 666 666.3 666.3 666.3 666.3 666.3 666.3 Traffic Signals 48 48 48 48 48 48 48 Parks Level of Service 10.648 10.646 10.634 10.632 10.632 10.632 10.632 LOS)- , Official population as of 4/1/98 per the Office of Financial Management (OFM). "Assumes 90% of households are cable users. "'Estimated total length and width of streets in the City. ****The Parks Plan LOS is 10.9 acres per 1,000 population, compared to the 10.648 existing LOS. -14- TABLE 2 Residential South Operating Revenues & Expenditures 2000 Projected 2002 Projected 2004 Growth Projected Rate Rev/Cost 1999 Per Unit Projected 2001 Projected 2003 Projected Operating Revenues fi'r:".piri¥::r:a;z-.--==---- - Assessed value iReal Estate Excise Tax RE sales BU.ild'"it. p<:.rm~l'ee.s" -.. .. -. Feeschedule $1,65~ State-§harecJ_~"""~lJO" - --- - Í- Population - $67 I.Fr¡nChl.se._F.ees u~. .'~able-users $14 U~I~:r:",,-- - - Housing units ~ SI^I..M..fee,,---_~___------- - Lot cove~4 Total Revenues Operating Expenditures ] MunicipOi C",,~S~;"'ce~Lcon¡;"~t)-L-=pOpu¡atian - :Clvll Legal services-+- Population lcamm~nitY[)'-\Iel~lTlen¡~----:- --+=P';p~tlan ¡Police Servlces,,"'-_. ------ +_f'.""uiatlan ,Administrative Services".' I Population iStreeUTrafflc Sy~tems--- --lA~nual Costs i Surface Wate~~f--------1. AnnualG"sts $14 $6 $31 FTE $34 Total Expenditures Net Operating Revenue/Cost Capital Projects $668 $3,266 $12,660 $13,040 $1_3,"-3~ j!3,901 r0351 $5,625 $40,556 $5,968 $0 $0 $0 ~ $16,520 $57,820 $0 $0 $0 ---- - $0 - $835 $6,684 $7,519 $7,519 $7,745, $7,977 1-030 $63 $508' $571 $571 - --$57iT $588 1030 $743 $5,944 $6,687 $6,687 $6,887 $7,094 t 103() $739 $3,326 $0 $0 $0 $0 1000 $25,194 $118,104 $33,405 $27,817 $28,634 $29,560 ---~ -- ~-- ----- -------, $178 $1,426 $1,604 $1,604 $1,636 $1,669 1_020: - ------ - ---c1 $77 $620 $697 $697 $711 --___$725 _1,0}Oj $391 $3,125 $3,515 $3,515 $3,586 $3,657 1020; $1,056 $8,450 - - $9,506 $9,506 $9.772 "'-=$10046j-=1i.28~ $428 $3,421 $3,849 $3,849 $3,926 ' $4,004, 1_0201 $1,000 $1,020 $1,040 $1,O6..!. -- $1,082~ ji.~I=Tq2õ $766 _$781, _____~796 ~12 $82.9.L___!84,sL1c22° $3,896 $18,842 $21,009 $21,045 $21,542 $22,051 $21,298 $99,261 $12,396 $6,771 $7,092 $7,509 ¡Surface Water Mgmt I Street Syst","s- -~- ¡Solid Waste i Debt Serviœ----~-- -- -Ë~:=~1-=~ ~ t===~~=-=-+~:-:Ë~;t~:~ Total Capital Outlay Net Revenue/Cost $0 $0 $0 $0 $0 $0 $21,298 $99,261 $7,509 $12,396 $6,771 $7,092 . Assumes 1999 Adopted Levy Rate of $1.528 per $1 ,000 AV .. Average per-unit fee ... Assumes $65,000 (salary/benefits,M & 0) costs per FTE (Projected afficers/1,OOO population is 1-3) lcludes City Council, City Manager and Management Services departments StafJReport to the City Council File No. ANN98-0002 November 17,1998 D. SUMMARY OF CoST-BENEFIT ANAL YSIS Based on the estimated costs and revenues shown in Table 2, the "Residential South" annexation is expected to result in the following positive annual net revenues to the City over the evaluation period: 1999: 2000: 2001: 2002: 2003: 2004: $ 21,298 $ 99,215 $ 12,396 $ 6,771 $ 7,092 $ 7,509 x. DECISIONAL CRITERIA A. CONCURRENT COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Federal Way City Code (FWCC) Sec. 19-101 requires that comprehensive plan and zoning designations be established concurrently with annexations in cases where such designations are absent or outdated. This will bé accomplished at Council direction, either through the proposed comprehensive plan updates, or alternative adoption of interim designations. Decisional criteria for comprehensive plan and zoning designations for the subject property are addressed in that proposal's record. Should the Council alternatively choose to adopt interim comprehensive plan and zoning designations for the annexation area, the required process to establish permanent designations'! must be undertaken within one year of the annexation, and would include compliance with applicable FWCC decisional criteria. B. ANNEXATION Annexation of the subject property by the Federal Way City Council requires a determination that the annexation has been processed in accordance with all state and local statutory requirements, and that it would promote the health, safety, and welfare of the citizens of Federal Way"- 3\ FWCC S'C. !9.1O0 .-.quir.. ",""",ont comproh",,;v, plan and zoning dosiJ!"atio<" to '" ostabli,h,d within on, y,ar ofth, annoxation, which would r"luiro a comproh""iv, plan amondrn,nt and rcwn'. ,ubj,ct to all proced~ral roquiremon" and deci,ional criteria for ,uch proposal,. . 32 RCW 3SA.1O1; FWCC Soc. 19.10. .16- Staff Report to the City Council File No. ANN98-0002 November 17, 1998 The annexation proposal complies with RCW 35A.14.120 (the sixty percent petition method of annexation) as follows: (I) (2) (3) c. On May 27, 1998, the owner (yveyerhaeuser) of not less than ten percent of assessed value of the property proposed for annexation, as certified by the City Clerk, filed a Notice ofIntention to Petition for Annexation to the City. On July 21, 1998, the City Council authorized preparation of a Petition for Annexation; amended the annexation boundary; required that City of Federal Way comprehensive plan and zoning designations be established prior to or concurrent with the annexation; required the preparation of a proposed development agreement; and required the assumption of a pro rata portion of the existing City indebtedness by the area to be annexed. On August 21, 1998, Weyerhaeuser filed a Petition for Annexation of the subject property, which petition was certified by the King County Assessor and the Federal Way City Clerk to contain the signatures of the owners of not less than sixty percent of the assessed valuation of the property proposed for annexation, and a City Council public hearing on the proposed annexation was scheduled. DEVELOPMENT AGREEMENT The City of Federal Way is authorized to enter into development agreements pursuant to RCW 36.70B.170 et seq., which provisions for content, fonn, and procedural requirements have been met by the proposed development agreement. D. CONSISTE:NCY WITH THE FEDERAL WA Y COMPREHENSIVE PLAN (FWCPJ The annexation proposal and development agreement are consistent with the following Federal Way Comprehensive Plan (FWCP) policies: '" Annexations generally should not have or create abnormally irregular boundaries. (P AAP6) '" The annexation must. to the greatest extent possible. preserve natural neighborhoods and communities. (pAAP7) '" Proposed annexations should use the 60 percent petition method when possible. (P AAP9) '" Simultaneous adoption of proposed zoning regulations should be required of all annexations. (pAAPI0) '" Where appropriate, the City should allow concomitant agreements)) in the PM's. (PAAPII) "Devetopment agreements... authorized pursuant to RCW36.70B. a new ""tute intended to modify and clarify p,.-exi"ing ".'" law concerning concomitant agreements. With limited exceptions, concomitant and development agreements ... the """e. -17- Staff Report to the City Council File No. ANN98-0002 November 17,1998 XI. * The City will require owners of land annexing into F ederaJ Way to assume their proportion of existing City bonded indebtedness (P AAP 12) * The City shoold establish departmental service needs prior to major annexations through a fiscal impact analysis. AJ5 revenues ITom each area are collected, increase City services to maintain current Citywide levels of service. (P AAP 14) * Provide newly annexed areas with the same level of service enjoyed by areas inside Federal Way, while at the same time maintaining current Citywide service levels. (PAAIS) FINDINGS The following are findings for approval of the proposed annexation and development agreement: (1) (2) (3) (4) (5) (6) (7) RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City. On May 27, 1998, the Weyerhaeuser Company filed a Notice ofIntention to Petition for Annexation to the City of Federal Way, for certain real property lying contiguous to the northeast bound¡uy of the City of Federal Way, signed by the owners of not less than ten percent of the assessed value of the property within the annexation area, and certified by the Federal Way City Clerk. On July 21, 1998, the City Council authorized the preparation of a Petition for Annexation, modified the annexation boundary, required concurrent comprehensive plan and zoning designations, required the assumption of a pro-rata proportion of existing City indebtedness by the area to be annexed, and directed preparation of a development agreement to limit residential density, ensure low density design, and provide for extension of the BPA pedestrian trail. On August 21, 1998, the City received a petition from the Weyerhaeuser Company, signed by owners of not less than 60 percent of the assessed value of property within the annexation area, to annex the subject property, as certified by the City Clerk. Prior to the City Council's final action on the annexation, the Council will adopt concurrent comprehensive plan and zoning designations for the annexation area, either by City Council adoption of the comprehensive plan updates, or alternatively by designation of interim zoning designations The proposed annexation area is located within the City of Federal Way's adopted Potential Annexation Area (PAA), and is consistent with Federal Way Comprehensive Plan (FWCP) policies related to annexation The subject property is located in an area where adequate urban services can be effectively provided by the City of Federal Way, consistent with the Federal Way -18- Staff Report to the City Council File No. ANN98-O002 November 17,1998 Comprehensive Plan (FWCP, Growth Management Act (RCW 36. 70A.ll 0) and King County Countywide Planning Policies relating to P AA' s and urban growth areas. (8) Annexation of the subject property by the City of Federal Way is not anticipated to result in an adverse financial burden to the City. (9) The proposed annexation and development agreement wil1 promote the health, safety and welfare of the citizens of Federal Way. XII. 5rAFF RECOMMENDATlON After consideration of the staff report and recommendation, and at the conclusion of the November 17, 1998, public hearing, if the City Council finds that the proposed annexation and development agreement are in the best interest and general welfare of the City, the City Council may take the fol1owing action: 1. Accept the 60 percent petition by resolution and direct staff to submit a Notice of Intent to Annex to the King County Boundary Review Board; 2. Move the ordinance establishing the development agreement to second reading; and 3. Move the ordinance approving the annexation to second reading. Pursuant to the requirements of FWCC Article III, Annexation, staff recommends that the City Council accept the 60 percent petition and direct staff to file a Notice ofIntent to Annex to the King County Boundary Review Board. Staff also recommends that the City Council adopt by ordinance the development agreement, fol1owed by adoption of an ordinance approving the annexation, subject to approval by the King County Boundary Review Board. ¿y~ Prepared by: Lori Michaelson Senior Planner Approved by: Gregory D. Moore, AICP Director, Community Development Services ~\ M r.~ t d:j;;~ I rILL J1.-1J ,,~}-L' Date: November 10. 1998 -19- (FOR CERTAIN REceIVED AUG 2 5 19 PETITION FOR ANNEXATION TO THE CITY 98 CITY OF FEDERAL WAY, WASHINGTON C'TYO~L$:tSOFF/ce PROPERTY LOCATED NORTH OF SR-18, EAST OF NORTH LAKE ~LWAY SOUTH OF S 344TH STREET) TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF FEDERAL WAY, WASHINGTON 33530 1ST WAY SOUTH FEDERAL WAY, WASHINGTON 98003 OF THE We, the undersigned, being the owners of not less than sixty percent (60%) in value of the real property herein described and lying contiguous to the City of Federal Way, Washington, do hereby petition that such territory be annexed to and made part of the City of Federal Way under the provisions of RCW 35A.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within King County, Washington, and the legal description of which is set forth in Exhibit "A", which is attached hereto and made part hereof, and the boundaries of the territory proposed to be annexed are outlined on the map which is marked as Exhibit "B", ~hich is attached hereto. The City Council of the City of Federal Way met with the initiating parties at a regularly scheduled meeting on July 21, 1998, and did determine that the City would accept the proposed annexation. At said meeting the City Council did also determine as disclosed by the minutes entry regarding the same in the minutes of the council meeting of July 21,1998, that: 1. The area proposed to be annexed to the city would be required to assume its pro rata portion of existing city indebtedness; and 2. Federal Way Comprehensive Plan and Zoning Map designations for the area proposed for annexation would be established prior to or concurrent with the annexation of the area proposed to be annexed. WHEREFORE, the undersigned petition the City Council and request: (a) The appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and (b) That following such hearing, and pending approval of the Boundary Review Board, the City Council determine by ordinance that such annexation shall be made, annexing the above described territory, and declaring the date whereon such annexation shall be effective; and the property so annexed shall become a part of the City of Federal Way, subject to its laws and ordinances then and thereafter in force. The petitioner subscribing hereto agrees that all property within the territory hereby' sought to be annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Federal Way, including assessments or taxes in payment of any bonds issued or debts contracted prior to or existing at the date of the annexation; and that the territory hereby sought to be annexed shall be zoned as determined by the Federal Way city Council prior '" "0 o"ooon"o' -ie, <0" '00"0 'Mdo, "0 <0" o"'o"~~~~~~~o~ ~ RECEIVED AUG 2 5 1998 ?lìY CLERKS OFF'( G/ìY OF FEDERAL W", EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS/HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION WHEN HE/SHE IS NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. ~ OHNER' S SIGNATURE PRINTED NAME ADDRESS DATE SIGNED 1. l¥~ { Jír:t/fÇA/ I.Ú1J6 Jgg'(,~ ? t:6 M£ '5 8/;;/Y% I 2. 3. 4. 5. 6. 7. 8. 9. 10. ~~Brok- EXHIBIT A Legal Desaiption for Annexation for portion of Quadrant Corporation's East I.-ampus Parcel 3 Single Family Detached ~ject RECEIVED AUG 2 5 1998 CITY CLERKS OFFICE CITY OF ~EDERAL WAY FOR PARCEL #614360-0635-05: Lot 116 of the unrecorded plat of North Lake Shorelands, said unrecorded plat is included in Govenunent lots 3 and 4, Section 15, Township 21 North, Range 4 East, W.M, King County, Washington. FOR PARCEL #614360-0186-08: Lots 89 through 92 of the unrecorded plat of North Lakc Shorelands, said unrecorded plat is included in Govenunent lots 3 and 4, Section 15, Township 21 North, Range 4 East, W.M., King County, Waslúngton. Together with adjoining vacated street rights-of-way; And also those portions oflots 36 and 37 of the said unrecorded plat, lying Southeasterly of the Southeasterly margin of the Roy B. Misner Road (King County Road number 2537) right-of-way together with adjoining vacated street rights-of-way; . And also the East 590.00 feet oflot 117 of said unrecorded plat. 42nd Avenue South Parcel: The Westerly 30.00 feet of the 42"'¡ Avenue South right-of-way àdjoining lot 116 of the unrecorded plat of North Lake Shorelands, said unrecorded plat is included in Government lots 3 and 4, Section 15, Township 21 North, Range 4 East, W.M, King County, Washington. Description by W &H Pacific, Inc. R~ /e-. Æ/~ ROBERTE. WÞt[.US,PL.S.NO.18102 D:fi..J /'1/ /796' """"'CN fI'OOO "WO""'-ouloo 1¡,.}"""£s, ,':., í!ÞDo '" "='-~""""""/"/.o',;n7j.." EXH. '.BIT J, L 13AGE._3-..0F , "'-:.. - ".~.-t"""'.,:":;;;::,,;,;:,, -,."" "-' ", , ...'. ~ """- f#-ZZtJ . ,. .. ~: :...",- ..oS 1',- ,]" " It. ~ : . i::; //' '- /~ -~. :-. (// ,." ,,) >,'" To'" W-J" - I" --~ ;;. \: i LOT B ';.:; n> . ,.. .." "',P'.' ,e,' " --~[ Residential South Annexation To the City of Federal Way Vicinity! Parcel Map 0'88 063Ii Legend: -.. Federel Way CityUmits ..... Annexation Area Boundary CJ Annexation Area c::~::-] City of Federal Way Vicinity Map FEDERAL WAY CITY LIMITS l7 Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet r,,¡----n~ ----- Z& ~ .~(~~ N lusers/.; keslprojectlannexlanne>e2g.aml City of Federal Way I ~ \. ~i íj ,---' Potential Annexation Area Boundaries and Residential South Annexation :Ji ~ ~. i Auburn~ : Lr'I..I.' -- "I )I! :!~lgOna ------;4)': .. ~ - i:¡ - ¡'¡ - P i¡ .I :. Pacific " ~ Potential Annexation Area . Annexallon Area Map Date: October 29. t998 City of Federal Way. 33530 First Way S. Federal Way. WA 98003 (253) 66t AOOO ~ N legend: City of Federal Way Scale: 1 to 67200 1 Inch equals 5600 Feet 0 1 Mile ..- ThiS map is intended for use as a e graphical repres. entalion ONlV The City of Federal Way makes no EXHIB~T warrantyas:oltsaccuracy PAGE J OF ~S;/~Ì~:.. -- W>(~-- );/ GIS DIVISION After recording, return to: Federal Way City Anorney's Office 33530 1st Way S. Federal Way, WA 98003 ~ DEVELOPMENT AGREEMENT BETWEEN CITY OF FEDERAL WAY AND WEYERHAEUSER CORPORATION This Agreement, made and entered into this - day of -' 1998, by and between the Weyerhaeuser Corporation, a Washington corporation ("W eyerhaeuser"), and the City of Federal Way, Washington, a municipal corporation ("City"), on the other (collectively "the parties"), RECITALS A. Weyerhaeuser is the owner of certain undeveloped real property ("Weyerhaeuser Property") located within King County but within the Potential Annexation Area of the City of Federal Way. The Weyerhaeuser Property is located in the vicinity of SR 18 and is specifically described in Exhibit "A" attached hereto and incorporated herein. B. Weyerhaeuser has requested that the City of Federal Way annex the Weyerhaeuser Property, and has submitted a petition requesting the same s;$ned by the owners of more than 60% of the assessed value of the Property (60% Petition). 'I C. The City's willingness to accept the 60% Petition, and to submit a Notice of Intention to Annex the Property to the Washington State Boundary Review Board for King County, is conditioned upon limitations on density of development or redevelopment of the Weyerhaeuser Property necessary to protect the public health, safety and welfare. D. The City has authority under RCW 36.70B.170-.210 to enter into a development agreement as part of a proposed annexation, to set development standards to govern development and use of the property to be annexed. NOW, THEREFORE, for and in consideration of the City's acceptance of the 60% petition, the parties agree as follows: 1. Imnlementation of A¡p-eement. 1.1. Timing of Annexation, Following execution of this Development Agreement, adoption of Comprehensive Plan and zoning designations for the Weyerhaeuser Property, and the City's acceptance of the 60% Petition, the City will submit to the Washington State Boundary Review Board for King County ("BRB") a Notice ofIntent to Annex the Weyerhaeuser Property. If BRB review is not invoked or, in the alternative, if BRB review is invoked but the BRB approves the annexation, the City shall lawfully adopt an ordinance annexing the Weyerhaeuser Proporty. 11< Ci< Y ~y. ¡.. <Ire ,",m"¡", "PO" "'1m, I "f: ~~::;;. Development Agreement City of Federal.Wa~ and Weyerhaeuser Corporation - SR 18 Property Page 2 adopt an ordinance annexing the Property effective upon passage of forty-five (45) days or, if BRB jurisdiction is invoked, issuance of a BRB decision approving the annexation. 1.2 Vesting. The City of Federal Way acknowledges that Weyerhaeuser has the right, prior to the effective date of annexation, to apply to King County for approval of development on the Weyerhaeuser Property. The City of Federal Way and Weyerhaeuser agree, subject to the written concurrence and release of such application by King County, that Federal Way shall process any such application according to the provisions of this Agreement and the Federal Way City Code provisions in effect as of the date Federal Way deems Weyerhaeuser's application complete. Federal Way shall be entitled to recover all costs incurred in such processing. 2. General Provisions. 2.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended to protect the value of the Weyerhaeuser Property, as well as the public health, safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to the Weyerhaeuser Property and to the City from this Agreement shall run with the land and shall be binding upon Weyerhaeuser, and their heirs, successors, and assigns, and upon the City of Federal Way. 2.2. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 2.3 Recording. This Agreement shall be recorded against the Weyerhaeuser Property. 2.4. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereofto any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 2.5 Authority. The City and Weyerhaeuser each represent and warrant to the other that it has the respective power and authority, and is duly authorized to execute and deliver this Agreement. Weyerhaeuser represents and warrants that it is the fee owner or contract purchaser and has authority to agree to the covenants contained herein. 2.6 Term of Agreement. This Agreement shall remain in full force and effect unless amended or terminated by the mutual agreement of the parties. 2.7 Amepdment. This Agreement may be modified only by a written instrument duly executed by all parties; provided, however, notwithstanding any EXHì i3ITAg:2:>nt to PAGE__2_0F_" Development Agreement City of Federal Way and Weyerhaeuser Corporation - SR 18 Property Page 3 the contrary, the City of Federal Way may, without the agreement of Weyerhaeuser, adopt and impose upon Weyerhaeuser Property restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. 2.8 Exhibits A and B attached hereto are incorporated herein by this reference as if fully set forth. 2.9 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 2.10 Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 2.11 Indemnification. Weyerhaeuser agrees to defend, indemnify, and hold harmless the City and all of its elected and appointed officials, and its employees and agents, from all liability, claims, appeals, and costs, including the costs of defense of any claim or appeal, arising in connection with the annexation of the Weyerhaeuser Property and/or this Agreement, except to the extent any liability, claim, appeal or cost results from the sole negligence of the City or its officers, agents, or employees in performance of this Agreement. 2.12 Enforcement. In the event Weyerhaeuser fails to satisfy any of their obligations under this Agreement, the City shall have the right to enforce this Agreement at both law and equity, including but not limited to enforcing this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate remedy for breach. In addition, Weyerhaeuser's failure to satisfy any of their obligations in this Agreement shall constitute a breach of contract and shall be grounds for termination of this Agreement by the City. 2.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 35A.14.330, RCW 36.70B.I70-.21O, and RCW 39.34. 2.14 Effective Date. This Agreement shall be effective on the effective date of the City's Ordinance approving this Agreement, and the execution of this Agreement by duly authorized representatives of each party. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals ~e day and year indicated. EXHIBIT .v PAGE -~- OF¿' Development Agreement City of Federal Way and Weyerhaeuser Corporation - SR 18 Property Page 4 CITY OF FEDERAL WAY Kenneth E. Nyberg, City Manager Date: Approved as to Form for City of Federal Way City Attorney, Londi K. Lindell ATTEST: This - day of , 1998. N. Christine Green, CMC Federal Way City Clerk WEYERHAEUSER CORPORA nON By: Its: Date: Approved as to form for Weyerhaeuser Corporation EXHIBIT. ]) PAGE i/ OF ~ Klcdlqoadag,2.115 ANNEXATION DESCRIPTION QUADRANT RES SOUTH THAT PORTION OF GOVERNMENT LOT 4, SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID PORTION OF LOT 4 BEING FURTHER DESCRIBED AS BEING TRACTS 90, 91, 92 AND 116, TOGETHER WITH PORTIONS OF TRACTS 36, 37, 89 AND 117 ALL IN NORTH LAKE SHORE LANDS ACCORDING TO THE UNRECORDED PLAT THEREOF AND ALSO INCLUDING ABUTIING ROAD RIGHTS-OF-WAY DECRIBED AS FOLLOWS: \ BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE NORTH 88° 56' 13" WEST ALONG THE SOUTH LINE OF SAID SECTION 15, A DISTANCE OF 1319.91 FEET; THENCE NORTH 01° 04' 58" EAST, A DISTANCE OF 497.62 FEET, TO THE NORTH LINE OF SAID TRACT 117; THENCE SOUTH 87° 56' 28" EAST, ALONG THE SAID NORTH LINE, A DISTANCE OF 8.17 FEET; THENCE NORTH 02° 03' 32" EAST, ALONG THE WEST LINE SAID TRACT 89, A DISTANCE OF 210.00 FEET, TO THE SOUTH MARGIN OF THE COUNTY ROAD, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 2596483, KNOWN AS ROY B. MISENER COUNTY ROAD; THENCE SOUTH 87° 56' 28"EAST, ALONG SAID SOUTH MARGIN, A DISTANCE OF 16.72 FEET, TO A POINT OF CURVATURE OF SAID SOUTH MARGIN; THDICE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 348.46 FEET, THROUGH A CENTRAL ANGLE OF 60° 00' 38", AN ARC LENGTH OF 364.97 FEET TO THE INTERSECTION WITH THE EAST LINE OF A SAID PARCEL OF LAND, ALSO K."IOWN AS SAID TRACT 36; THE:--JCE SOUTH 00° 58' 32" WEST, A DISTANCEOF 124.31 FEET, TO THE SOUTH LINE SAID TRACT 36 TO THE SOUTHERLY CORNER COMMON TO TRACTS 36 AND 37; THE:--JCE NORTH 87° 56' 28" WEST, ALONG THE SOUTH LINE OF SAID TRACT 37, A DISTANCE OF 13.01 FEET TO THE INTERSECTION WITH THE NORTHWESTERL Y EXTENSION OF THE LINE COMMON TO TRACTS 92 AND 93; THE:--JCE SOUTH 26° 55' 03" EAST ALONG SAID EXTENSION AND LOT LINE, A EXHIBIT ]) PAGE~ DISTANCE OF 297.20 FEET TO THE NORTH LINE OF TRACT 117; THENCE SOUTH 87° 56' 28" EAST, ALONG LAST SAID NORTH LINE, A DISTANCE OF 130.00 FEET, TO THE WEST LINE OF SAID TRACT 116; THENCE NORTH 01° 04' 58" EAST, ALONG LAST SAID WEST LINE, A DISTANCE OF 169.11 FEET, TO THE NORTH LINE OF SAID TRACT 116; THENCE SOUTH 88° 59' 16" EAST, ALONG LAST SAID NORTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 730.00 FEET, TO THE EAST LINE OF SAID GOV~RNMENT LOT 4; THENCE SOUTH 01 ° 04' 58" WEST ALONG SAID EAST LINE, A DISTANCE OF 657.12 FEET, TO THE POINT OF BEGINNING. DESCRIPTION BY W&H PACIFIC, INC. ~v' ~ /9'1ð' DATE .aRt i Lt;L&:'~ EXP'"ES 2151 0 LIPROJECTI681000IIWORDIA"nR,,"" EXHIBIT Þ PAGE~_OF lÞ SINGLE FAMILY, HIGH OENSlìY (FW) OFFICE PARK (FW) OFFICE PARK (FW) OFFICE PARK (FW) ----- URBAN RES. 4-12 OU/ACRE (KC) URBAN RES. 4-120U/ACRE (KC) I --- URBAN RES. .. 4-120UlACRE (KC) URBAN RES. 4-12 OUiACRE (KC) URBAN I 4-12 ~UI (KC' FEDERAL WAY CITY LIMITS OFFICE PARK (FW) URBAN RES. 4-12 aU/ACRE (KC) r Residential South Annexation To the City of Federal Way Existing Comprehensive Plan Map Legend: Federal Way City Limits Annexation Area Boundary Plan De"gnation Boundary L---=.J Annexation Area [_J Cityo! Federal Way XHIBIT ~ 'AGE_LOF Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet ',¡--¡1111\ - - ~ .,",«'c_-"., N & é~~1i.'JJ(;='Jr~~ ~:;w, ~f)Y GIS DIVISION lusersfmikesfprojectiannerJannex2h. ami .-.-.-.-. RS 9.6 (FW) RS 9.6- - (FW) RS 9.6 (FW) OP-1 (FW) OP-1 (FW) OP-1 (FW) ~- R-4 (KG) u; R-4 (KG) FEDERAL WAY CITY LIMITS OP-1 (FW) R-4 (KG) R-4 (KG) R-4 (KG) R-4 (KG) I R-4 (KG) Residential South Annexation To the City of Federal Way Existing Zoning Map Legend: _n Federal Way City Limits Annexation Area Boundary Zoning Boundary c::::J Annexation Area [=1 City of Federal Way XHIBIT F 'AGE_I.d OF Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet ~--..J-¡ 6. N I<.<f¡=;~ GIS DIVISION lusers/mikes/projec1lanne, x21.aml - ~~~.!:!.~ ~. ~~-~: _. ~ ~ ~~ ~?~ :-!L ~ ~~ ~ -. ..... -. -........... - ...... ._.~ ~ ~ .~........ ~_.. J~ """ -. -... - .. - .. - 00- n - 00 -. CITY OF FEDERAL WAY City Council AGENDA ITEM - ~~ !.: n~~!~~~! 00 ~..:'. ~.~J~!.~ ~ .!l.!n ~~~.- ~~. n~ ~ ~~ ~.... ........ 00 ............... 00.. .. .... no...... 00 "'" - 00 -. CATEGORY: BUDGET IMPACT: - CONSENT ... X_ORDINANCE BUSINESS HEARING FYI - RESOLUTION _STAFF REPORT _PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ...n_._._n_n_n_n_._._no..n.......n._._n..n...n_._n_n_non...n.....-n_'__._n..no_n.........n..n..nn..n_n"..._no_n_n_n_.n..n_n..no_n-. ATTACHMENTS: I) Ordinance 2) October 22. 1998 memorandum to LUTC from Kathy McClung 3) October 6, 1998 letter from Weyerhaeuser 4) July 29, 1998 memorandum to LUTC from K. McClung 5) June 9, 1998 memorandum to LUTC from Don Largen 5) May 27, 1998 memorandum from K. McClung to LUTC 6) Planning Commission Findings dated April 30, 19987) Staff report dated March 24, 1998. ..n"n -.. _. -. - 00.. ""n - ...00 - 00.. 00 - n_...n - . - n..n..n ... 00... -..... . ......00 ..00..... - . -. - nono _no.. nno..n........ 00.. 00.' h" no... - no....no... ........ . - 00.. nono.... - . - 00'" .-. SUMMARY/BACKGROUND: The Planning Commission conducted a public hearing on Apri! I, 1998 on the attached proposed plan, map change and regulations. The LUTC Committee discussed the proposal on June I, June 15th, August 3rd, and October 26th and made changes to the setback requirements, and are recommending no shoreline designation map changes. Since the Planning Commission reviewed this issue, the State Department of Ecology gave us recommended language for salmon and steel head protection which was incorporated at the LUTC meeting. _"'00 _00 _n" '_'_00_' -.-.... ...00 ""'_00"00".- .n.....no......n......n...n.....n...no..........n.n h.'nno..n......... ...00.. ...00 ..00 ..-- --no ..no.....n ...no...... ...00 ."n ...n..nono.. ...00 .- ~~~;: ~~;7 ~ ~!~ ~ ~~~~~~;;~ ~: ~.~:.:~;. ~I_~:: ..:J4 DJ~;:~.: ~~.~~ ~.e: ~~ :..~~ ~~. ~ ::00:.: p.... ... ~.~!..~..~~~_<?~~...~~.?~~~.~~~ !~g.~ :.... .:. ..... ..~lX...~.. ~1¡¡ii!~tiK4...... ..... h-. ._. .... ........ ..... .... ... .... ..... ..... .... ... ..... APPROVED FOR INCLUSION IN COUNCIL PACKET:---4!V (BELOW TO BE COMPLETED BY Cl7Y CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # d(( ORDINANCE NO. DRAFT Ii /~-; 19 P AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 18 OF THE FEDERAL WAY ZONING CODE, ADOPTING SPECIFIC AMENDMENTS TO THE SHORELINE REGULATIONS AND ADOPTING A SHORELINE MASTER PROGRAM TO INCLUDE IN THE FEDERAL WAY COMPREHENSIVE PLAN AND TO REPLACE THE ADOPTED KING COUNTY ORDINANCE (Title 25). A. WHEREAS amendments to the Federal Way City Code (FWCC) text and Shoreline Master Program Map are authorized pursuant to the authority of the Shoreline Management Act of 1971, RCW Ch 90.58 as amended, and the Shoreline Management Guidelines, WAC Ch 173-14; and B. WHEREAS the Federal Way City Council has considered proposed changes to the FWCC regarding specific shoreline management regulations; and C. WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having determined the Proposal to b8 worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission as a priority item for its review and recommendation; and D. WHEREAS the Federal Way Planning Commission, having considered the Proposal at public hearings during 1998 on April 1 st pursuant to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC Section 22-528; and ORD# , PAGE 1 E. WHEREAS the public was given opportunities to comment on the Proposal during the Planning Commission review: and F. WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on April 10, 1998; and G. WHEREAS following the public hearings, the Planning Commission submitted to the land Use and Transportation Committee of the City Council its recommendation in favor of proposed shoreline text amendments adding sections to the FWCC as noted previously; and H. WHEREAS the Federal Way land Use and Transportation City Council Committee met on May 27, June 2, August 3, and October 26, 1998 to consider the recommendation of the Planning Commission and has moved to forward the Proposal, with amendments, to the full City Council; and I. WHEREAS there 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. Findinas. After full and careful consideration, the City Council of trle City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the State's Growth Management Act; and ORD# , PAGE 2 2. The Federal Way Comprehensive Plan contains policies that call for the adoption of a new Shoreline Management Plan; and 3. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on April 1, 1998; and 4. The proposed code amendments would not adversely affect the public health, safety or welfare; and 5. The Planning Commission, following notice thereof as required by RCW 35A63.070, held public hearings on the proposed regulatory amendments and has considered the testimony, written comments, and material from the public by and through said hearings. 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 following Comprehensive Plan goals and policies contained in the Natural Environment chapter: NEG10 Create a new shoreline master program that is consistent with community values, land use and environmental protection. NEP44 The City should create a new Shoreline Master Program that is consistent with State law, and the policy direction of the Natural Environment and land Use chapters of this Plan. NEP45 The Shoreline Master Program should recognize the unique ORD# , PAGE 3 recreational and natural habitat of the City's shorelines. 2. The Proposal bears a substantial relationship to the public health, safety and welfare because it implements policies aimed at protecting the City's natural environment and promotes site sensitive development. Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A and; The Federal Way Comprehensive Plan is amended to provide for as set forth in Attachment B and by this reference these Attachments are incorporated therein. Section 4. 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 other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 1998. ORD# , PAGE 4 CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ ATTEST: 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. ORD # , PAGE 5 A TT ACHMENT A ARTICLE III. SHORELINE MANAGEMENT* .Cross reference(s)--Regulations regarding structures built over water, § 8-54; requirements for drainage review, § 21-87; supplementary zoning district regulations, § 22-946 et seq. State law reference(s)--Shoreline management act, RCW 90.58.030. DIVISION 1. GENERALLY Sec. 18-161. Purpose and authority. The city adopts these regulation under the authority of the Shoreline Management Act of 1971, RCW ch. 90.58, as amended, and the Shoreline Management Guidelines, WAC ch. 173-14. (Ord. No. 90-38, § 1(24.10), 2-27-90) See. 18 162. Shorelifte ffl8ster program. (a) THe eity adopts BY refereRee the follo'NiRg pertioAs of KiRg COIIRt)' OrdiRaRee No. 3692, SHoreliRe Master Program (geals, eBjeeti. es BRd pelieies), eRe eep) of .lhieh is OR file with the affiee ef the eil) clerIc: (I) Master pregratE elemeRts. (2) ShoreliRe eR. iroRmeRts. (3) ShareliRe use aetivities. (b) THe eit)' ade3ts b) refenJRee poRieRs of the KiRg COURt)' Code, Title 25, ShoreliRe MaRagetEeAt 8S feHews, aRe eep) ef ",'hieh is 81'1 file \\ith tile eil) elerlc (I) (2) (3) ( 4) (5) (6) Cha3ter 25.01, Purpose. title, seope. Chapter 25.08, DefiRitioRS. CHIlf3ter 25.12, ERYireAmeRt desigRations. CHapter 25.16, DreaR eR.irORmeRt. CHapter 25.20, Rural eR.iroRmeRt. CHapter 25.21, CeRser.aRcy eA.iroAment. (7) Chapter 25.28, Natural eA. ¡rOAment. (Ord No. 90 J8, § 1(2UQ.IQ, 2UQ'('), 2 27 90) Sec. 18-léð 162. Jurisdiction. (a) The provisions of this article shall apply to all development proposed within the areas defined as shorelines in RCW 90 58.0230(2)(d), and shorelines of statewide significance in RCW 90 58030(2)(e) The approximate location of these shorelines shall be designated on maps maintained by the department of community development; however, the property owner or applicant shall be responsible for determining the exact location of the shoreline when a permit is filed. (b) No development shall be undertaken by any person on the shorelines of the state without obtaining a shoreline permit from the department of community development; provided, that a permit shall not be required for development exempted from the definition of substantial development in WAC 173-27-040 and for developments exempted by RCW 9058140(9) and (10) (Ord No. 90-38, § 1(24.30.10,243020),2-27-90) Sec. 18-163. Additional definitions. Unless otherwise defined in this chapter the definitions contained in this chapter Chapter 22 RCW Chapter 90.58 and WAC 173-26 shall aoolv Access: Public access means actual unobstructed access available to the general public from land to the ordinary high water mark or to the wetland directlv abutting the ordinary high water mark. Access: Limited lJublic access means: L Actual ohvsical access from land to the ordinary high water mark or to the wetland directlv abutting the ordinary high water mark such access being limited to specific groups of people or to certain regularlv prescribed times' or 2. Visual access available to the general public to the shoreline and adiacent waterbodv. such access being soecificallv provided for in the development of the site. Averal?'e f!Yade level means the average of the natural or existing tooograohv at the center of all exterior walls of a building or structure to be placed on a site provided that in the case of structures to be built over water average grade level shall be the elevation or ordinary high water. Backshore means a berm together with associated marshes or meadows on marine shores landward of the ordinary high water mark which is normal above high tide level and has been graduallv built uo by accretion Beach feedinl?' means landfill deposited on land or in the water to be distributed by -2- natural water processes for the purpose of supplementing beach material. Berm means one or several linear mounds of sand and gravel generallv paralleling the shore at or landward of. the ordinary high water mark which are normallv stable because of material size or vegetation. Breakwater means an off-shore structure either floating or not which mav or mav not be connected to the shore such structure being designated to absorb and/or reflect back into the water bodv the energy of the waves. Bulkhead means a solid or open pile of rock. concrete. steel timber. other materials. or a combination of these materials erected generallv parallel to and near the ordinary high water. mark for the purpose of protecting adiacent shorelands and uplands from waves or currents. Class I beach means a beach or shore having dependable geologicallv full v developed and normallv dry backshore above high tide. Class II beach means a beach or shore having onlv marginallv geologicallv oartiallv developed and not deoendablv dry backshore above high tide. Class III beach means a beach or shore having no dry backshore available at high tide. Environment or master vrOl!/'am environment or shoreline environment means the categories of shorelines of the state established bv the Citv of Federal Wav shoreline management master program to differentiate between areas whose features implv differing obiectives regarding their use and future development. Float means a structure or device which is not a breakwater and which is moored anchored or otherwise secured in the waters of Federal Wav and which is not connected to the shoreline. Groin means a barrier tvoe structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore iettv means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging bv excess sediment Lil/oral drift means the natural movement of sediment along marine or lake shorelines bv wave breaker action in response to prevailing winds. Non-water-oriented uses means those uses which have little or no relationship to the shoreline and are not considered orioritv uses under the SMA. Examoles include professional offices automobile sales or repair shops. mini-storage facilities. multi-familv residential development department stores. and gas stations -3- Strin$!line setback means a straight line drawn between the points on the primary buildings haying the greatest proiection (including appurtenant structures such as decks) waterward on the two adiacent properties Water-dependent means a use or portion of a use which can not exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent uses may include ship cargo terminal loading areas ferry and passenger terminals barge loading facilities ship building and dry docking marinas. aquaculture float plane facilities and sewer outfalls. Water-enjoyment means a recreational use or other use facilitating public access to the shoreline as a primary characteristic of the use or a use that proyides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to Qualify as a water-enjoyment use the use must be open to the general public and the shoreline oriented space within the project must be deyoted to the specific aspects of the use that fosters shoreline enioyment. Primary water-enioyment uses may include but are not limited to parks piers and other improyements facilitating public access to shorelines of the state' and general water-enjoyment uses may include. but are not limited to restaurants museums. aquariums scientific/ecological reserves. resorts and mixed-use commercial' Provided that such uses conform to the aboye water-enioyment specifications and the proyisions of the master program. Water-oriented means 'any combination of water-dependent water-related. and/or water-enioyment uses and serves as an all-encompassing definition for priority uses under the SMA Water-related means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic yitality is dependent upon a water-front location because: (a) of a functional requirement for a waterfront location such as the arriyal or shipment of materials by water or the need for large quantities of water or. (b) the use proyides a necessary service supportiye of the water-dependent commercial actiyities and the proximity of the use to its customers makes its services less expensiye and/or more conyenient. Examples include professional services serving primarily water-dependent actiyities and storage of water-transported foods. DIVISION 2. SHORELINE REGULA nON Sec. 18-164. Enyironmental designations. Sec. 18-164.01. Purpose. -4- The pumose of these designations is to differentiate between areas whose geographical hvdrological topographical or other features implv differing obiectives regarding the use and future development of the shorelines of the citv. Each environment designation represents a particular emphasis in the type of uses and the extent of development that should occur within it. The environmental designation system is designed to encourage uses in each environment that enhance or are compatible with the character of the environment while at the same time requiring reasonable standards and restrictions on development so that the character of the environment is not adversely impacted. Sec. 18-164.02. Names of environment desie:nations. In order to accomplish the pumose of this title environmental designations have been established to be known as follows: 1.. b L ~ Natural environment. Conservancv environment. Rural environment. Urban environment. Sec. 18-164.03 Limits of environment desi1:nations. Each environment designation shall consist of: 1.. The entire water bodv from its centerline or point induding all water below the surface. b The shoreline areas where severe biophvsical constraints such as floodplains. steep slopes. slide hazard areas and wetlands do not cover the entire associated shoreland. Proposed development in the remaining area mav be permitted consistent with the character of the surrounding land use the phvsical capabilities of the shorelands and applicable city land use plans and policies. Sec. 18-164.04 Establishment of desil!nations. 1.. b The written descriptions of the boundaries of the shoreline environment designations as adopted by ordinance in the possession of the department shall constitute the official legal descriptions of the boundaries of those environment designations. The official maps prepared pursuant to WAC 173-16 and 173.26 in the possession of the department shall constitute the official descriptions of the limits of all shorelands in the Citv of Federal Way as defined by RCW 9058030 and section 18.163 of this chapter -5- ~ The department may from time to time as new or improved information becomes available modify the official maps described in subsection 2 of this section consistent with state guidelines to more accurately represent. clarify or interpret the true limits of the shorelines defined herein. Sec. 18-164.05. Location of boundaries. L ~ Boundaries indicated as following streets highways. roads and bridges shall be deemed to follow the centerline of such facilities unless otherwise specified. Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights-of-wav or easements unless otherwise specified. ~ Where different environmental designations have been given to a tributary and the main stream at the point of confluence the environmental designation given to the main stream shall extend for a distance of 200 feet UP the tributarv ~ In case of uncertainty as to a wetland or environment boundarv the director of community development services shall determine its exact location pursuant to the criteria of WAC 173-22-055 and RCW 90.58.030 and the provisions of this chapter. Sec. 18-165. Urban environment. Sec. 18-165.01. Purpose. The purpose of designating the urban environment is to ensure oPtimum utilization of the shorelines of the state within urbanized areas bv permitting intensive use and bv managing development so that it enhances and maintains the shorelines of the state for a multiplicity of urban uses The urban environment is designed to reflect a policy of increasinl! utilization and efficiency of urban areas to promote a more intense level of use through redevelopment of areas now under utilized and to encourage multiple use of the shorelines of the city if the major use is water dependent or water related. while at the same time safeguarding the quality of the environment. Sec. 18-165.02. Desil!nation criteria. -6- Desil!nation criteria for the urban environment shall be L Shorelines of the city used or designated for office and commercial and high intensity recreational use ~ Shorelines of the city of lower intensity use. where surrounding land use is urban and urban services are available 1. Shorelines of the city used or designated for multifamily residential development. ~ Shorelines of the city developed for residential purposes and where surrounding land use is urban and urban services are available. ~ Shorelines of the city to be designated urban environment shall not have biophysical limitations to development such as floodplains steep slopes and slide hazard areas. Sec. 18-165.03. General Requirements. 1,. Development waterward of the ordinarv high water mark is prohibited except water dependent recreational uses. ~ No structure shall exceed a height of 35 feet above average grade level. This requirement mav be modified if the view of any neighboring residences will not be obstructed if permitted outright bv the applicable provisions of the underlying zoning and if the proposed development is water related or water dependent. 1. All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. ~ Development shall maintain the first 50 feet of property abutting a natural environment as required open space. ~ Parking facilities except parking facilities associated with detached sin~le- family development shall conform to the following minimum conditions: !h Parking facilities serving individual buildings on the shoreline shall be located landward from the principal building being served EXCEPT when the parking facility is within or beneath the structure and adequately screened or in cases when an alternate location would have less environmental impact on the shoreline !L Any outdoor parking area perimeter excluding entrances and exits. must be maintained as a planting area with a minimum width of five feet. ~ Parking as a primary use shall be prohibited over water and within shoreline iurisdiction Q.. Parking in shoreline iurisdiction shall directly serve a permitted shoreline use. -7- ~ L ~ One live tree with a minimum height of four feet shall be required for each 30 linear feet of planting area. L One live shrub of one-gallon container size. or larger for each 60 linear inches of planting area shall be required ~ Additional perimeter and interior landscaping of parking areas may be required at the discretion of the director when it is necessary to screen parking areas or when large parking areas are proposed. In addition to any requirements imposed bv Chapter 21 of this code. collection facilities to control and separate contaminants shall be required where storm water runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adiacent properties. The regulations of this chapter have been categorized in a number of sections. regardless of the categorization of the various regulations. all development must comply with all applicable regulations. Sec. 18-165.04. Residential development. Single family and multiple family residential development may be permitted in the urban environment subject to the general requirements of Chapter 22 Article Xl. Divisions 3 and 4 and the following: -8- 1. Single family or multiple family residential development is permitted in the underlying zone classification ~ Residential development is prohibited waterward of the ordinary high water mark. L Setbacks. !h Sim¡!le family residential development shall maintain a minimum setback behind the stringline setback or 50 feet from the ordinary high water mark whichever is greater. except in the following cases: 1. If the property is undeveloped and reasonable use of the property cannot occur without further encroachment of the setback due to physical constraints of the lot then the director of community development services can reduce the setback to the minimum necessary in order to build a single family home but in no case. less than 30 feet from the ordinary high water mark ~ If the property is developed with a single family home beyond !L the stringline setback or within 50 feet of the ordinarv high water mark if there are no adjacent residences then the residence can onlv be added to if the addition will not make the structure anv more nonconforming as to its setback and the height of the addition within the setback area is not increased or the applicant mav request a shoreline variance and conditional use permit. 1. If single familv residential development is proposed on a lot where properties adiacent to both sides of the lot are developed in single familv residences located less than 50 feet from the ordinarv high water mark. then the proposed residential development mav be located the same distance from the ordinarv high water mark as the adiacent residences ( using stringline method) or 30 feet from the ordinarv high water mark whichever is greater. ~ If the residential development is proposed on shorelines that include one or more sensitive areas as defined in Chapter 22 of this code such development shall maintain setbacks in accordance with the regulations and procedures set forth in Article XIV of Chapter 22. Multifamily residential development shall maintain a setback behind the stringline setback or 75 feet from the ordinarv high water mark. whichever is greater except in the following cases: L If the propertv is undeveloped and reasonable use of the propertv cannot occur without further encroachment of the setback due to phvsical constraints of the lot. then the setback can be reduced to the minimum necessarv in order to build a single familv home. but in no case less than 30 feet of the ordinarv high water mark. L If the propertv is developed with a single or multifamilv structure bevond the stringline setback or within 75 feet of the ordinarv high water mark if there are no adjacent single or multifamilv structures then the structure can onlv be added to if the addition will not make the structure anv more nonconforming as to its setback and the height of the adition within the structure is not increased or the applicant mav request a shoreline variance and conditional use permit. l. If the residential development is proposed on shorelines that include one or more sensitive areas. as defined in Chapter 22 of this code such development shall maintain setbacks in accordance with regulations and procedures set forth in Article -9- ~ XIV of Chapter 22. Residential aCCeSSOry structures may be placed within the required shoreline setback provided: ~ No accessory structure, except swimming pools shall cover more than ISO square feet !L No acceSSOry structure shall obstruct the view of the neighboring properties. £.. No accessory structure shall exceed eight feet in height. Sec. 18-165.05. Residential piers. moora1!e. or launchinl! facilities. Conditions. Anv pier. moorage float. or launching facility authorized bv sections 18.165.04 through 18.165.06 shall be subiect to the following conditions l. L 1. Residential piers are prohibited on the Fuget Sound shoreline. No dwelling unit may be constructed on a pier Excavated moorage slips shall not be permitted accessory to single family residences multifamily development or as common use facilities accessory to subdivisions and short subdivisions. ~ No covered pier covered moorage covered float or other covered structure is permitted waterward of the ordinary high water mark. ~ No pier moorage. float or over water structure or device shall be located closer than 15 feet from the side property line extended except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed to bv the property owners in a contract recorded with King County a COpy of which must accompany an application for a building permit or a shoreline permit. such ioint use piers may be permitted UP to twice the surface area allowed bv this title ~ All piers moorages floats or other such structures shall float at all times on the surface of the water or shall be of open pile construction provided no portion of the structure shall during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surface of the water. Sec. 18-165.06. Residential piers. mooral!e. or launchinl! facilities. Accessory to residential development. -10- Piers moorages floats or launching facilities mav be permitted acces~a single familv residence multifamilv development. or as common use facilities associated with a subdivision in accordance with this chapter and the following limitations .L Private. sinl!le residence piers for the sole use of the property owner shall not be permitted outright on Citv of Federal Wav shorelines. ~ A pier mav be allowed when the applicant has demonstrated a need for moorage and has demonstrated that the following alternatives have been investigated and are not available or feasible !L !L £" Commercial or marina moorage. Floating moorage buoys. Joint use moorage pier. No more than one pier for each residence is permitted. On lots with less than 50 feet of waterfront onlv joint use piers shall be permitted except when both lots abutting the subject lot have legallv established piers then the lot with less than 50 feet of waterfront mav be permitted an individual pier. ¿ Multiple family residence piers and piers associated with a subdivision as a common use facility shall not exceed the following ~ ß. No more than one pier for each 100 feet of shoreline associated with the multifamilv development subdivision or short subdivision is permitted. !L The total number of moorage spaces shall be limited to one moorage space for every two dwelling units in the multifamilv development subdivision. or short subdivision. Pier and moorage size. !L The maximum waterward intrusion of anv portion of anv pier shall be 36 feet. or the point where the water depth is \3 feet below the ordinary high water mark. whichever is reached first provided .L If a pier is a common use pier associated with a multiple familv development or subdivision this intrusion mav be increased four feet for each additional moorage space over six moorage spaces to a maximum of 76 feet. !L The maximum width of each pier shall be eight feet £.. No float shall have more than 100 square feet of surface area -11- -12- .i. ~ ~ The total surface area of piers. moorages. floats. and/or launching facilities or anv combination thereof associated with a single familv residence shall not exceed 500 square feet. No pier including finger pier moorage. float. or over water structure or device shall be wider than 25 percent of the lot with which it is associated. Moorai!e viles. Moorage piles not constructed in coni unction with a pier are limited bv the following conditions: !L ~ L All piles shall be placed so as to not constitute a hazard to navigation !L No pile shall be placed more than 80 feet waterward of the ordinary high water mark £.. All moorage piles shall be placed in a water depth not to exceed] 3 feet below the ordinary high water mark ~ No more than two moorage piles per residence are permitted. Launching ramps and lift stations require a shoreline conditional use permit and are limited bv the following conditions: !L No portion of a launching ramp or lift station shall be placed more than 60 feet waterward of the ordinary high water mark !L All portions of a launching ramp or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark £.. Launching rails or ramps shall be anchored to the ground through the use of tie-tvpe construction. Asphalt concrete. or other ramps which solidlv cover the water bodv bottom are prohibited. ~ No more than one launching rail per single familv residence is permitted and no more than two common use launching ramps for each ] 00 feet of shoreline associated with a multifamilv development. short subdivision. or subdivision Floats are limited under the following conditions !L One float per single familv residence. multifamilv development short subdivision. or subdivision is permitted !L No portion of a float shall be placed more than 36 feet waterward of the ordinarv high water mark. £.. Retrieval lines shall not float at or near the surface of the water. ~ No float shall have more than 100 square feet of surface area. Sec. 18-165.07. Utilities. Utility facilities mav be permitted in the urban environment subiect to the requirements of this chapter provided: .L L L £.. ~ ~ Utility and transmission facilities shall: ih Avoid disturbance of unique and fragile areas. !L Avoid disturbance of wildlife spawning nesting and rearing areas. £.. Overhead utility facilities shall not be permitted in public parks monuments scenic. recreation or historic areas. Utility distribution and transmission facilities shall be designed so as to: 1L. Minimize visual impact. !L Harmonize with or enhance the surroundings. L Not create a need for shoreline protection. sl Utilize to the greatest extent possible natural screening. The construction and maintenance of utility facilities shall be done in such a wav so as to: ih Maximize the preservation of natural beautv and the conservation of resources. !L Minimize scarring of the landscape. Minimize siltation and erosion. Protect trees. shrubs. grasses natural features and topsoil from drainage Avoid disruption of critical aquatic and wildlife stages -13- ~ ~ Rehabilitation of areas disturbed bv the construction and/or maintenance of utility facilities shall: ~ Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats. ~ Utilize plantings compatible with the native vegetation. Solid waste transfer stations shall not be permitted within the shorelines of the state. Sec. 18-165.08. Office and commercial development. Office development may be allowed in the urban environment subiect to the requirements of this chapter provided: 1. L The office or commercial use or activity is permitted in the underlving zoning classification. Office and commercial development shall maintain a setback behind the stringline setback. or 75 feet from the ordinary high water mark whichever is greater. except in the following cases: ~ If the property is developed with a structure within 75 feet of the ordinary high water mark then the structure can only be added to if the addition will not make the structure anv more nonconforming as to its setback. ~ If a development is proposed on shorelines that include one or more sensitive areas. as defined in Chapter 22 of this code such development shall maintain setbacks in accordance with regulations and procedures set forth in Article XIV of Chapter 22. L Piers moorages floats and launching facilities will not be permitted in coni unction with office or commercial development. unless they are developed as part of on-site public access to the shoreline. Sec. 18-165.09. Shoreline protection. -14- Shoreline protection mav be permitted in the urban environment provided. 1. Bulkheads shall not be considered an outright permitted use on the Puget Sound shoreline In order for a proposed bulkhead to be permitted on the Puget Sound shoreline or for a lake shore bulkhead to qualify for the RCW 90 58.030(3)(e)(iii) exemPtion from the shoreline permit requirements the City of Federal Way shall reyiew the proposed bulkhead design as it relates to local physical conditions and the Citv of Federal Way shoreline master program and must find that: !L Erosion from waves or currents presents a clear an imminent threat to a legally established residence. one or more substantial accessory structures or public improvements' !L The proposed bulkhead is more consistent with the intent of the City of Federal Way shoreline master program in protecting the site and adjoining shorelines than other nonstructural alternatiyes such as slope drainage systems yegetatiye growth stabilization gravel berms and beach nourishment and that such alternatives are not technically feasible or will not adequately protect a legally established residence or substantial accessory structure' ~ The proposed bulkhead is located landward of the ordinary high water mark and fL The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters or four feet in height on lakes, L A shoreline orotection project replacing an existing bulkhead shall be placed along the same alignment as the shoreline protection it is replacing subject to the following: ~ When a bulkhead has deteriorated such that the ordinary high water mark has been established by the presence and action of water landward of the existing bulkhead. then the replacement bulkhead must be located at or as near as possible to the actual ordinary high water mark, !L When an existing bulkhead is being repaired by the construction of a vertical wall fronting the existing wall it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings ~ Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approyed by the Department of Fish and Wildlife, L Shoreline protection shall not haye adyerse impact on the property of others and shall be designed so as not to create a need for shoreline protection -15- elsewhere. iL !L £.. Shoreline protection shall not significantly interfere with normal surface and/or subsurface drainage into the water body and shall be constructed using an approved filter cloth or other suitable means to allow passage of surface and ~roundwater without internal erosion of fine material. Shoreline protection shall not be used to create new lands, except that groins may used to create or maintain a public Class I beach if they com pi v with all other conditions of this section. Groins are permitted only as part of a public beach management program Jetties and breakwaters are not permitted Sec. 18-165.10. Recreation. Recreational development may be permitted in the urban environment subiect to the general requirements of this chapter provided: 1,. b L ~ ~ ~ -16- The recreational development is permitted in the underlying zone. Swimming areas shall be separated from boat launch areas. The development of underwater sites for sport diving shall not: iL Take place at depths of greater than 80 feet. !L Constitute a navigational hazard. £.. Be located in areas where the normal waterborne traffic would constitute a hazard to those people who may use such a site. The construction of swimming facilities piers moorages floats and launching facilities below the ordinarv high water mark shall be governed bv the regulations of sections 18.165.05 and 18.165.06 of this chapter. Public boat launching facilities may be developed provided iL The traffic generated bv such a facility can be safely and conveniently handled bv the streets serving the proposed facility !L The facility will not be located on a Class I beach. Upland facilities constructed in conjunction with a recreational development shall be setback and/or sited to avoid contamination of the shorelines of the à L Public oedestrian and bicycle oathwavs shall be oermitted adiacent to water bodies. ~ Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area ~ Water viewing nature study. recording and viewing shall be accommodated bv soace olatforms benches or shelter consistent with public safety and security. Sec. 18-165.10. Salmon and Steelhead Habitats i. L Structures which prevent the migration of salmon and steel head shall not be allowed in the portions of the water bodies used bv fish. Fish bvoass facilities shall allow the uostream migration of adult fish. Fish bypass facilities shall prevent fTV and iuveniles migrating downstream from being trapped or harmed ~ Landfills shall not intrude into salmon and steel head habitats. except as provided in regulation 3. 1. Landfills may intrude into salt water areas used bv salmon and steehead for migration corridors rearing feeding and refuge only where the orooonent obtains a conditional use permit (CUP) and demonstrates all of the followin~ conditions are met: a. The landfill is for water-dependent or water-related use. b. An alternative alignment or location is not feasible c. The proiect is designed to minimize its impacts on the environment: d. The facility is in the public interest. and e. If the proiect will create significant unavoidable adverse impacts the impacts are mitigated bv creating in-kind replacement habitat near the proiect Where in-kind replacement mitigation is not feasible rehabilitating degraded habitat may be required as a substitute. ~ Unless the apolicant demonstrates that bioengineering techniques will not be successful bulkheads and other shoreline protection structures are prohibited in salmon and steel head habitat Where bulkheads and other shoreline protection structures are allowed the toe -17- -18- ~ of the bulkhead or structure shall be located landward of the ordin"IY-.hi.gh water mark except as provided in regulation 6 below. Where an existing bulkhead or structure cannot be removed because of environmental safetv or geological concerns the least environmentallv impacting alternative shall be used. Anv replacement bulkhead or shoreline protection structure shall be as close to the existing structure as possible Bulkheads breakwaters ietties. groins and other shoreline protection structures mav intrude into salmon and steel head habitats onlv where the proponent demonstrates all of the following conditions are met a. An alternative alignment or location is not feasible: b. The project is designed to minimize its impacts on the environment c. The facilitY is in the Dublic interest: and d. If the proiect will create significant unavoidable adverse impacts the impacts are mitigated bv creating in-kind replacement habitat near the proiect Where in-kind replacement mitigation is not feasible rehabilitating degraded habitat mav be required as a substitute. L Docks Diers Dilings and floats mav be located in water areas used bv salmon and steelhead for migration corridors. rearing feeding and refuge Drovided the facilities use oven piling construction. ApDroach fills shall be located landward of the ordinary high water mark Docks. Diers pilings and floats shall not be located in other salmon and steel head habitats The Droject shall be designed to minimize its impacts on the environment. ~ Open Dile bridges are the preferred water crossing structures over salmon and steel head habitats. If a bridge is not feasible one of the following water crossing structures mav be approved if the impacts are acceptable: temporary culverts bottomless arch culverts elliptical culverts or round culverts. These structures are listed in Drioritv order with the first having the highest preference and the last the lowest Dreference. In order for a lower prioritv structure to be permitted the applicant must show the higher prioritv structures are not feasible The Droject shall be designed to minimize its impacts on the environment 2... Bridges and in-water utilitv corridors mav be located in salmon and steel head habitat provided the proponent shows that all of the following conditions are met. a An alternative alignment is not feasible .uL lL .ß II ~ Q b. The pr(';~ct is located and designed to minimize its impacts on the environment c. Any alternative impacts are mitigated: and d. Any landfill is located landward of the ordinary high water mark. Open piling and piers required to construct the bridge may be plac;ed waterward of the ordinary high water mark if no alternative method is feasible. Notwithstanding regulation 4 when installing in-water utilities the installer may place native material on the bed and banks of the water body or wetland to reestablish the preconstruction elevation and contour of the bed. The proiect shall be designed to minimize its impacts on the environment. Dredging which will damage shallow water habitat used by salmon and steel head for migration corridors rearing feeding and refuge shall not be allowed unless the proponent demonstrates all of the following conditions are met a. The dredging is for a water-dependent or water-related use: b. An alternative alignment or location is not feasible. c The proiect is designed to minimize its impacts on the environment. d The facility is in the public interest and e. If the proiect will create significant unavoidable adverse impacts the impacts are mitigated by creating in-kind replacement habitat near the ÇJroiect. Where in-kind replacement mitigation is not feasible rehabilitating degraded habitat may be required as a substitute Dredging and the removal of bed materials below the water line is prohibited within salmon and steel head spawning areas In-water dredge spoil disposal sites shall not be located in salmon and steel head habitats Landfilling, dredging, channelization sand other activities which negatively impact habitat values are prohibited in wetlands ponds and side channels which provide refuge or other habitat for salmon or steelhead Within salmon and steel head habitats permanent channel changes and realignments are prohibited Aquaculture uses shall not be established in salmon and steel head habitat. -19- l2..c lL ~ except for arcas that are on Iv used for migration corridors. This regulation onlv applies to in-water aquaculture uses not upland aquaculture uses. The removal of aquatic and riparian vegetation within or adiacent to salmon and steelhead habitats shall be minimized. Trees which shade side channels. streams rivers ponds and wetlands used bv salmon and steel head shall be maintained. Areas of disturbed earth shall be revegetated Unless removal is needed to prevent hazards to life and propertY or to enhance fish habitat large woodv debris below the ordinarv high water mark shall be left in the waterwav to provide salmon and steel head habitat. Outfalls within or upstream of salmon or steel head spawning areas shall be designed and constructed to minimize disturbance of salmon and steelhead spawning beds. Sec. 18-166. Rural environment. Sec. 18-166.01. Purpose The purpose of designating the rural environment is to restrict intensive development function as a buffer between urban areas and maintain open spaces and opportunities for recreation uses within the ecological carrving capacity of the land and water resource. New developments in a rural environment should reflect the character of the surrounding area bv limiting intensity providing permanent open space and maintaining adequate building setbacks from the water to prevent shoreline resources from being destroved for other rural types of uses. Sec. 18-166.02. Desil!nation criteria. Designation criteria for the rural environment shall be L Shorelines of the citv used or designated for residential development at a densitv of three units per acre or less. ~ Shorelines of the city developed for residential purposes where surrounding land use is residential in character without all urban services. ;L Shorelines of the citv to be designated rural shall not have limitations to development due to sensitive areas such as floodplains steep slopes slide hazard areas. and/or wetlands. Sec. 18-166.03. General reQuirements. -20- The general requirements for development within a rural environment shall be the same as those for the urban environment. section 18.165.03. Sec. 18-166.04. Residential development. Single family residential development may be permitted in the rural environment subject to the general requirements of the residential provisions of section 18.165.04 of the urban environment. Sec. 18-166.05. Residential Diers. moorage. or launchinl! facilities. Piers moorages floats. or launching facilities may be permitted accessorv to a single family residence in accordance with sections 18.165.05 and 18.165.06 of the urban environment. Sec. 18-166.06. Subdivisions. The lot standards enumerated in this section apply to any lot that has buildable area within the shorelines of the city. Buildable area means that area of the lot. exclusive of any required open space yards or setbacks upon which a structure may be constructed. L The minimum required area of a lot in the rural environment shall be five acres' provided however: !L The minimum lot area may be reduced to 15.000 square feet when: L All lots are part of an approved subdivision or short subdivision. ~ All lots are served bv public water. .l. All lots are served bv an approved sewage disposal system. 1.. All lots are served bv paved streets. i. All lots have a minimum width of 100 feet. ~ Anv lot located wholly or partially within the shorelines of the city shall be subject to the substandard lot provisions of Chapter 22 Article IV. .l. Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area. lot dimensions yards open space or other similar required conditions of land subdivision or development. Sec. 18-166.07. Utilities. Utility facilities may be permitted in the rural environment subject to the utilities requirements of the urban environment and the general requirements of section 18.165.03. Sec. 18-166.08. Shoreline protection. -21- Shoreline protection mav be permitted in the rural environment subject to the shoreline protection provisions of section 18.165.09 of the urban environment Sec. 18-166.09. Recreation. Recreational development mav be permitted in the rural environment subject to the general requirements of this chapter and the recreation provisions section 18.165.10 of the urban environment See 18-166.10. Salmon and Steelhead Habitat Salmon and steel head habitat shall be protected under section 18.165.10 (1-18). Sec. 18-167. Conservancy environment. Sec. 18-167.01. Purpose. Conservancv areas are intended to maintain their existing character. This designation is designed to protect conserve and manage existing natural features and resources. The preferred uses are those nonconsumPtive of the phvsical and biological resources of the area. Sec. 18-167.02. Desi2nation criteria. Designation criteria for the conservancv environment shall be: L Shoreline areas regardless of the underlving zoning which have environmentallv sensitive areas as defined in 18.28. L Shoreline areas that have poor drainage. L Shoreline areas which are free from extensive development 1,. Shoreline areas of high scenic value. Sec. 18-167.03. General requirements. The general requirements for development within a conservancv environment shall be the same as those for the urban environment section 18.165.03. Sec. 18-167.04. Residential development. Single familv residential development mav be permitted in the conservancv environment subject to the general requirements of Chapter 22 Article XI and the residential provisions of section 18.165.04 of the urban environment provided single familv residential development shall maintain a minimum setback of 50 feet from the ordinarv high water mark. -22- exceot that: L If the develooment is prooosed on shorelines including one or more sensitive areas as defined in Chaoter 22 Article XIV. such development shall be done in accordance with that article £. Anv oier moorage float. or launching facilitY permitted accessory to single familv development or a common use facilitY accessory to a subdivision or short subdivision. shall be subiect to the oier. moorage float. and launching facilitY provisions of section 18-165.06 of the urban environment provided no such authorized structure shall be located within 200 feet of anv other structure. Sec. 18-167.05. Subdivisions. The lot standards enumerated in this section aoolv to anv lot that has buildable area within the shorelines of the citY. Buildable area means that area of the lot exclusive of anv required open space vards. or setbacks upon which a structure mav be constructed. £. 1. L The minimum required area of a lot in the conservancv environment shall be five acres. provided. however: <L The minimum lot area mav be reduced to 35000 square feet when 1. All lots are Dart of an aooroved subdivision or short subdivision L All lots are served bv public water. 1. All lots are served bv an approved sewage disposal svstem. ~ All lots are seryed bv paved streets. 2. All lots have a minimum width of 100 feet. Anv lot located whollv or oartiallv within the shorelines of the citY shall be subiect to the substandard lot provisions of Chapter 22 Article Iv. Submerged land within the boundaries of anv waterfront Darcel shall not be used to compute lot area lot dimensions vards ooen space. or other similar required conditions of land subdivision or development. Sec. 18-167.06. Utilities. UtilitY facilities mav be permitted in the conservancv environment subiect to the utilities requirements of the urban environment and the general requirements of this chaoter Sec. 18-167.07. Shoreline protection. Shoreline protection mav be permitted in the conservancv environment subiect to the shoreline protection orovisions section 18.165.09 of the urban environment -23- Sec. 18-167.08. Recreation. Recreational development mav be permitted in the conservancv environment subiect to the general requirements of this chapter and the recreation provisions section 18.] 65. ] 0 of the urban environment. Sec. 18-167.09. Salmon and Steehead Habitat Salmon and steelhead habitat shall be protected under section 18.165.]0 (1-18) Sec. 18-168. Natural environment. Sec. 18-168.01. Purpose. The purpose of designating the natural environment is to preserve and restore those natural resource svstems existing relativelv free of human influence. These svstems require severe restrictions of intensities and types of uses permitted so as to maintain the integrity of the natural environment. Sec. 18-168.02. Desienation criteria. Designation criteria for the natural environment shall be: L L -24- A shoreline area that provides food water or cover and protection for anv rare. endangered or diminishing species. A seasonal haven for concentrations of native animals fish or fowl such as a migration route breeding site. or spawning site. .L Shoreline areas considered to best represent the basic ecosvstem and geologic tvpes which are of particular scientific interest. ~ Shoreline areas which best represent undisturbed natural areas. ~ Shoreline areas with established histories of scientific research. !í. Those shoreline areas having an outstanding or unique scenic feature in their natural state. L ]n addition to the above criteria the following should be considered when designating natural environments. !L 12- Areas where human influence and development are minimal. Areas capable of easilv being restored to a natural conditions Saltwater wetlands "'" ~ Class I beaches. Sec. 18-168.03. Residential development. Simde familv residential development mav be permitted in the natural environment subiect to the general requirements of Chapter 22 Article XI and the single familv provisions section 18 165.04 of the urban environment. provided sinl!:le familv residential development shall maintain a minimum setback of 100 feet from the ordinary high water mark except that: L If development is proposed on shorelines includin~ one or more sensitive areas. as defined in Chapter 22 Article XIV. such development shall be done in accordance with regulations and procedures set forth in that article Sec. 18-168.04. Residential piers. mooral!e. or launchinl! facilities. Piers. moorages. floats or launching shall not be permitted in a natural environment. Sec. 18-168.05. Subdivisions. L The minimum required area in the natural environment shall be five acres. ~ The minimum required lot width in the natural environment shall be 330 feet. 1. Anv lot located whollv or partiallv within the shorelines of the city shall be considered a legal building site provided that such lot shall be subject to the substandard lot provisions of Chapter 22 Article IV. i. Submerged land within the boundaries of anv waterfront parcel shall not be used to compute lot area lot dimensions vards open space or other required conditions of land subdivision or development. Sec. 18-168.06. Shoreline protection. Shoreline protection shall not be permitted in the natural environment Sec. 18-168.07. Recreation. Recreational development mav be permitted in the natural environment subiect to the general requirements of this chaPter. provided -25- .L The recreational development will not require anv significant filli,.~ excavation or regrading involving more than 15 percent of that portion of the site within the shorelines of the city ~ The construction of indoor swimming pools gvms and other indoor recreational facilities is prohibited L Piers moorages floats or launching facilities constructed in conjunction with recreational development shall not be permitted except that floating walkwavs or other similar over water pedestrian structures facilitating access to observation points or viewing areas mav be permitted. Sec. 18-168.08. Salmon and Steel head Habitat Salmon and steel head habitat shall be protected under section 18.165.10 (1-18). DIVISION 3. PROCESS Sec. I8-l4i4 169. Application and public notice. An application for a substantial development permit shall be made to the department of community development on forms prescribed by the department Upon submittal of a complete application, and required fees, the department shall instruct the applicant to publish notices of the application at least once a week on the same day of the week for two consecutive weeks in a newspaper of general circulation within the city. The applicant shall also provide additional public notice as prescribed in process IV, section 22-431 et seq. (Ord. No. 90-38, § 1(24.40),2-27-90; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--Proeess IV review requirements, § 22-431 et seq Sec. 18~ 170. Procedure for review. The substantial development permit shall be reviewed under the provisions of process III, section 22-386 et seq. and the director of community development services shall be the tìnal approval authority for the permit (Ord No. 90-38, § 1(24.50),2-27-90; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--Proeess 1Il review reqUIrements, § 22-386 et seq. Sec. 18-M6 ill. Shoreline variance. (a) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional or performance standards set forth in the shoreline master program, and where there is an extraordinary or unique circumstance relating to the property such that the strict implementation of the shoreline master program would impose unnecessary hardship on the applicant or thwart the policies of the Shoreline Management Act (b) When a variance is requested, the substantial development permit and the variance -26- shall be reviewed under l;.~ provisions of process IV, section 22-431 et seq., and the hearing examiner shall be the final approval authority. (c) A variance from the standards of the master program may be granted only when the applicant can demonstrate that all the following conditions will apply: (I) (2) (3) (4) (5) (6) (7) That the strict requirements of the bulk, dimensional or performance standards set forth in the master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the master program; That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of the master program, and not for example, from deed restriction or the applicant's own actions; That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment; That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties, and will be the minimum necessary to affe>rd relief; That the public interest will suffer no substantial detrimental effect; That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance when the proposal is for development located waterward of the ordinary high-water mark, or within marshes, bogs or swamps; and That consideration has been given to the cumulative effect of like actions in an area where similar circumstances exist, and whether this cumulative effect would be consistent with shoreline policies or would have substantial adverse effects on the shoreline (d) Shoreline variances may not be used to permit a use that is specifically prohibited in an environment, or to vary uses permitted within an environmental designation. (Ord. No. 90-38, § 1(24.60.10--24.60.40), 2-27-90: Ord. No. 97-291, § 3, 4-1-97) Cross referencc(s)--Proeess IV review requirements, § 22-431 et seq. Sec. 18-~ 172. Conditional uses. (a) Conditional use permits are allowed to provide greater flexibility in varying the application of the use regulations of the shoreline master program in a manner which will be consistent with the policies of RCW ch. 90.28, particularly where denial of the application would thwart the policies of the Shoreline Management Act -27- (b) When a conditional use is requested, the substantial development permit and the conditional use shall be reviewed under the provisions of process ¥ IV, section 22-476 et seq, and the city council shall be the final approval authority. (c) Conditional uses have unique and special characteristics which require a special degree of control to make the uses compatible with other existing or permitted uses in the same environment, and to assure that the use is in the public interest. In authorizing a conditional use permit, special conditions may be attached to the permit by the city council to prevent undesirable effects or mitigate environmental impacts of the proposed use (d) Conditional use permits shall be authorized only when they are consistent with the following criteria: (1) (2) (3) (4) (5) The proposed use is consistent with the policies of RCW 90.58.020 and the policies of the master program; The use will not interfere with normal public use of surface waters; The use will cause no unreasonable adverse effects on the shoreline or surrounding properties or uses, and is compatible with other permitted uses in the area; The public interest will suffer no substantial detrimental effect; Consideration has been given to cumulative impact of additional request for like actions in the area. (e) Other uses not set forth in the shoreline master program may be authorized through a conditional use permit if the applicant can demonstrate that extraordinary circumstances preclude reasonable use of the property; however, uses specifically prohibited by the master program may not be authorized. (Ord No. 90-38, § 1(24.70.10--24.70.50),2-27-90) Cross reference(s)--Proeess III review requirements, § 22-476 et seq Sec. 18-l4t8 173. Final approval of substantial development permits. (a) The director of community development shall notify the following agencies or persons within five days of the final approval of a substantial development permit and any variances or conditional uses granted: -28- (I) The applicant; (2) The state department of ecology; (3) The state attorney general; (4) Any person who has submitted written comments on the application; (5) Any person who has requested notification in writing prior to final approval of the permit. (b) No work may commence on a site requiring a substantial development permit until 30 days following the date of receipt of the substantial development permit by the state department of ecology, and written notification has been received from the department of ecology that the review period has been completed. (Ord. No. 90-38, § 1(2480.10,248020),2-27-90) Sec. 18469 174. Combined hearing authority. In those cases when development proposed in the shorelines may require a public hearing under the authority of other chapters of this Code, the hearings may be combined (Ord. No. 90-38, § 1(24.90),2-27-90) Sec. 184+9 175. Alteration or reconstruction of nonconforming use or development. (a) Applications for substantial development or building permits to modify a nonconforming use or development may be approved only if: (1) The modifications will make the use or development less nonconforming; or (2) The modifications will not make the use or development more nonconforming. (b) A use or development, not conforming to existing regulations, which is destroyed, deteriorated, or damaged more than 75 percent of its fair market value may be reconstructed only consistent with regulations set forth in this article (Ord. No. 90-38, § 1(24.100),2-27-90) Sec. 18-170.176. Shoreline environment redesil!nation. A. Shoreline environments designated bv the master program mav be redesignated bv the Citv Council upon finding that such redesignation will be consistent with: 1. The policies of Section 2 of the Shoreline Management Act of 1971. 2. The goals objectives and policies of the master program; 3. The designation criteria of the shoreline environment designation requested -29- Federal Way Comprehensive Plan - land Use ATTACHMENT B office development that allows for a mix of office and compatible manufacturing type activities. Changes to the Office Park classification will permit a limited amount of retail support services, along with the current mix of office and light manufacturing uses. Goal LUGS Create office and corporate park develop- mentthat is known regionally for its design and function. Policy LUP49 Continue to encourage quality office development in West and East Campus Office and Corporate Park designations. Corporate Park The Corporate Park designation applies to Weyer- haeuser property generally located east of Interstate Highway 5. The property is a unique site, both in terms of its development capacity and natural features. The Corporate Park (€P-+1land use designation applies only to the Weyerhaeuser Corporate Campus. The Corporate Park designation is surrounded by Office P8rIt designations 6fwith OP- J, 2, & 3 zoning. The eõfrol'emding Office Park zones are anticipated to develop as corporate headquarters, offices and as ancillary uses. These types of developments are characterized by large contiguous sites containing landscaping, open space, and buildings of superior quality. The Office Park zones are for the develop- ment of other corporate headquarters and office parks that serve to comDlement Weyerhaeuser Corporate headquarters. Development standards and conditions for these two - designations are unique to Weyer- haeuser's property and are outlined in a preannexation concomitant ~ develoDment agreement entered into by the City and Weyerhaeuser Corporation. 2.8.5 SHORELINE MASTER PROGRAM PUrDose The Shoreline Management Act (SMA) identifies seven land and water use elements that, if aDDroDriate to the community, are to be dealt with in the develoD- ment of area-wide shoreline goals. Thev include: shoreline use. economic develoDment. Dublic access, conservation recreation, historical/cultural. and circulation. Master Drograms are also encouraged to include any other elements which, because of Dresent uses or future needs, are deemed aDDroDriate to effectuate the Dolicv of the Shoreline Management Act. Residential land use of shorelines of the state within Federal Way makes UD the largest share of the develoDed shorelines in the city. Much of the undevel- oDed shoreline is in Drivate ownershiD, subdivided into small lots and Dresentlv zoned to allow for residential use. Because of Dresent and future needs of residential shoreline use. goals and Dolicies have been fonnulated as Dart of a residential element to guide and Dlan for that develoDment. The following comDrehensive set of shoreline goals Drovide the foundation and framework on which the balance of the master Drogram has been based. These goals and Dolicies are reflective of the level of achievement believed to be intrinsically desirable for all shoreline uses, needs. and develoDments, and establish a Drogram Dolicv commensurate with the intent and objectives of the Shoreline Management Act. The Dolicies contained herein should be enforced through the aDDlicable chaDters of the Federal Wav Citv Code. Revised October 1998 11.19 Federal Way Comprehensive Plan - Land Use Shoreline Use Element An element which deals with the distribution location. and extent of: I) the use of shorelines and adiacent areas for housing. transoortation office. oublic buildings and utilities. education and natural resources: 2) the use of the water for aQuaculture and recreation: and 3) the use of the water. shoreline. and uolands for other categories of land and water uses and activities not soecified in this master orogram. Goal LUG9 Policies LUP50 LUP51 LUP52 LUP53 LUP54 LUP55 Preserve or develoD shorelines, adiacent uDlands and adiacent water areas in a manner that assures a balance of shoreline uses with minimal adverse effect on the aualitv of life water and environment. Shoreline land and water areas oarticularlv suited for soecific and aoorooriate uses should be designated and reserved for such uses. Shoreline land and water uses should satisfy the economic. social. and ohvsical needs of the regional oopulation. but should not exceed the ohvsical carrying capacity of the shoreline areas. Where aoorooriate. land and water uses should be located to restore or enhance the land and water environments. Like or compatible shoreline uses should be clustered or distributed in a rational manner rather than be allowed to develoo haohazardlv. Multiple uses of shoreline should be encouraged where location and integration of comoatible uses or activities are feasible. UniQue and fragile areas of the shoreline should be orotected from uses or activities LUP56 LUP57 that will have an adverse effect on the land or water environment. Non-residential uses or activities which are not shoreline deoendent should be encour- aged to locate or relocate awav from the shoreline. Federal Wav shall consider the goals. obiectives. and policies within the shoreline master orogram in all land use management actions regarding the use or develooment of adiacent uplands or the water areas. adjacent uolands and associated wetlands or streams within its iurisdiction where such use or develooment will have an adverse effect on designated shorelines. Public Access Element An element making orovision for oublic access to oubliclv-owned shorelines and assessing the need for oroviding oubHc access to shoreline areas. Goal LUGIO Policies LUP58 Increase Dublic access to shoreline areas Drovided that Drivate rirzhts Dublic safety and the natural shoreline character are not adverselvaffected. Development of Dub lie access should resoect and orotect the eniovment oforivate rightson shoreline prooertv. ih Shoreline access areas should be planned to include ancillarv facilities such as oarking and sanitation when aoprooriate. ß Shoreline access and ancillarv facilities should be designed and developed to provide adeQuate orotection for adjacent orivate prooerties. Revised Octobe, 1998 11.20 Federal Way Comprehensive Plan - land Use LUP59 LUP60 LUP61 LUP62 Public access should be maintained and regulated. !h Public access should be Doliced and improved consistent with intensity of use. LUP63 LUP64 ß Public Dedestrian easements should be Drovided in future land use authorizations. and in the case of Federal Way Droiects along lakes streams. oonds. and marine lands. whenever shoreline features are aDDrooriate for oublic use. Shorelines of the city that include. but are not limited to. any of the following conditions should be considered for Dedestrian easements: ß The Drovision to restrict access as to nature. time. number of DeoDle. and area may be appropriate for Dublic Dedestrian easements and other Dublic access areas where there are spawning grounds. fragile aquatic life habitats. or Dotential hazard for Dedestrian safety. .L Areas of significant. historical. geo- logical. and/or biological circumstances. b Areas Dresentlv being legally used. or historically having been legally used. bv the Dublic along the shoreline for access. L Where Dublic funds have been expended on or related to the waterbodv. Shorelines of the city should be available to all DeoDle for Dassive use and eniovment. !h Viewpoints lookouts. and vistas of shore- lines of the citv should be Dubliclv accessible. L Facilities in Dublic shoreline access areas should be DroDeriv maintained and operated. ß New developments should minimize visual and Dhvsical obstruction of the water from shoreline roads and upland owners. Design of access should Drovide for the Dublic health. safety. and eniovment. !h ADDroDriate signs should be used to designate Dubliclv owned shorelines. General Dolicies. !h Where appropriate. utility and transDor- tation rights-of-wav o~ the shoreline should be made available for Dublic access and use. ß Within the shoreline environment. Dedes- trian and non-motorized access should be encouraged. ß Publicly-owned street ends which abut the shoreline should be retained and/or re- claimed for Dublic access. L Public access to and along the water's edge should be available in Dubliclv-owned shorelines that are tolerant of human activity. L Shoreline recreational facilities and other Dublic access Doints should be connected bv trails. bicycle Dathwavs. and other access links where appropriate. Priority for access acquisition should consider resource desirability. availability. and Droximitv of DoDulation. !h A shoreline element in the Darks acquisition and development Drogram should be encouraged so that future shoreline access is acquired and developed bv established criteria and standards as Dart of an overall master Dlan. >L Public Dedestrian easements and access Doints should be of a nature and scale that would be compatible with the abutting and !h Public access should be Drovided in new shoreline developments. There should be incentives to encourage Drivate DroDertv owners to Drovide shoreline access. Revised October 1998 11.21 Federal Way Comprehensive Plan - Land Use adiacent land use as well as natural features including aQuatic life. !è, Access development should respect and protect ecological and aesthetic values in the shorelines of the citv. Conservation Element An element which deals with the creservation of natural shoreline resources considering. but not limited to. such characteristics as scenic vistas. parkwavs. vital estuarine areas for fish and wildlife protection. beaches and other valuable natural or aesthetic features. Goal LUG II Policies LUP65 LUP66 Assure preservation of uniQue and non- renewable natural resources and assure conservation of renewable natural resources for the benefit of existimz and future generations and the public interest. Shorelines which are of uniQue or valuable natural character should he acQuired for public benefit. commensurate with preservation of the ecosvstem. 1h UniQue and fragile areas in shoreline areas should be designated and retained as open space. Access and use should be restricted or prohibited when necessarv for their preservation. LUP67 LUP68 LUP69 1h Through policies and actions. Federal Wav should encourage the management and conservation offish. shellfish. wildlife. and other renewable resources. Q., When appropriate. Federal Wav should acQuire those shoreline areas which are uniQue or valuable. SubseQuent use of such areas should be governed bv their ecological carrving capacitv. Resource conservation should be an integral part of shoreline planning. 1h When feasible. Federal Wav should initiate programs to reverse anv substantial adverse impacts caused bv existing shoreline development. All renewable natural resources should be managed so that use or consumption does not exceed replenishment. Q., All future shoreline development should be planned designed. and sited to minimize adverse impact upon the natural shoreline environment. Scenic. aesthetic. and ecological Qualities of natural and developed shorelines should be recognized and preserved as valuable resources. 1h When appropriate. natural flora and fauna should be preserved or restored. Q., In shoreline areas. the natural topographv should not be substantiallv altered. £, Shoreline structures should be sited and designed to minimize view obstruction and should be visuallv compatible with the shoreline character. Q., Wildlife and aQuatic habitats. including spawning grounds. should be protected. improved. and. if appropriate. increased. Resources should be managed to enhance the environment with minimal adverse effect. 1h Aquaculture in shoreline areas should be conducted with all reasonable precautions to insure the preservation of the natural character and qualitv of the shoreline. Revised October 1998 11-22 Federal Way Comprehens;ve Plan - Land Use LUP70 Q., Shoreline activity and develoDment should be Dlanned constructed. and oDe rated to minimize adverse effects on the natural Drocesses of the shoreline. and should maintain or enhance the quality of air soil. and water on the shoreline. lessened to the maximum extent oossible. Siflnificant unavoidable imoacts should be mitiflated bv creatinfl in-kind reolacement habitat near the oroiect where feasible. Where in-kind reolacement mitiflation is not feasible rehabilitatinfl deflraded habitat mav be reQuired. Mitiflation proposals should he developed in consultation with the affected local flovernment. the Devartment of Fisheries the Devartment of Wildlife. and affected Indian Nations. ~ Develovments which are outside salmon and steelhead habitats hut which have the votentialto siflnificantlv affect these habi- tats should be located and desiflned so thev do not create siflnificant neflative impacts on salmon and steelhead habitats. '" Any structure or activitv in or near the water should be constructed in such a way that it will minimize adverse Dhysical or chemical effects on water quality. vegetation. fish. shellfish. or wildlife. L Bioenflineerinfl is the oreferred bank Vro- tection techniQue for rivers and streams used bv salmon and steelhead. !L Use or activity which substantially degrades the natural resources of the shoreline should not be allowed. ~ Oven vile bridfles are preferred for crossinfl water areas used bv salmon and steelhead. Salmon and steelhead habitats support valuable recreational and commercial fish- eries. These habitats should be protected because of their imoortance to the aQuatic ecosystem and the state and local economy. í!: Salmon and steelhead habitats are: L Gravel bol/omed streams used for svawnim!' Streams lakes. and wetlands used for rearinfl. feedinfl and cover and refufle from predators and hiflh waters' Streams and salt water bodies used as miflration corridors' and Shallow areas of salt water bodies used for rearinfl feedinfl and cover and refufle from predators and currents. !J. Impervious surfaces shall be minimized in upland developments to reduce stormwater runoffveaks. Structures and uses creatinfl siflnificant impervious surfaces shall in- clude stormwater detention systems to re- duce stormwater runoffveaks. l, L :L g Non-water-devendent or non-water-related uses activities structures al/d landfills should not be located in salmon and steel- head habitats. L The discharfle of silt into waterways shall be minimized durinfl in-water and upland construction '" Where alternative locations exist water- dependent and water-related lIses. activ- ities. strllctllres. and landfills sholiid not he located in salmon and steelhead habitats. l Adovt-A-Stream vrOflrams and similar efforts to rehabilitate salmon and steelhead svawninfl streams are encollrafled. fl Where lIses. activities. strllctures. and lal/d- fills must locate in salmon and steelhead hahitats imDacts on these areas sholiid he ~ Fisherv enhancement vroiects are encOllr- afled where they will not siflnificantlv interfere with other beneficiailises. L I'miecl/Jrlmonents sholiid contactlhe Hahi- tat .\/an(lf!ement Division of the De/Jarllnent of Fisheries the ¡¡ahit'" Di,'ision oflhe Rev;sed October 1998 11-23 Federal Way Comprehensive Plan - land Use Department of Wildlife or affected Indian Nations earlv in the development process to determine ¡fthe proposal will occur in or adiacentto a salmon and steelhead habitat. !!I: When reviewinfl permits for uses activities. and structures proposed for salt water areas streams wetlands. ponds connected to streams and shorelines adiacentto these areas' staff should contact the Habitat Manaflement Division of the Department of Fisheries or the Habitat Division of the Department of Wildlife to determine if the proposal will occur in or affect an adjacent salmon or steelhead habitat. Staffshould also contact affected Indian Nations. Recreation Element An element for the preservation and expansion of all types of recreational opportunities through programs of acquisition. development. and various means of less-than-fee acquisition. Goal LUG 12 Policies /:;ffp;(} LUPlI Provide additional shoreline dependent and water oriented recreation opportunities that are diverse. convenient and adeauate for the reflional population consistent with the carrvinfl capacitv of the land and water resources. Areas containing special shoreline recrea- tion qualities not easilv duplicated should be available for public use and eniovment. 1h Opportunities should be provided for the public to understand natural shoreline pro- cesses and experience natural resource features. HIJ>H LUP72 lL Public viewing and interpretation should be encouraged at or near governmental shore- line activities when consistent with securitv and public safetv. Shoreline recreational use and development should enhance environmental qualitv with minimal adverse effect on the natural resources. 1h Stretches of relativelv inaccessible and unspoiled shoreline should be available and designated as low intensitv recreational use areas with minimal development. Service facilities such as footpaths peripherv parking and adequate sanitary facilities should onlv be allowed where appropriate. lL Beaches and other predominantlv un- developed shorelines alreadv P'lliular should be available and designated as medium in- tensity recreational use areas to be free from expansive development. intensity of use should respect and protect the natural qualities of the area. ç", Small or linear portions of the shoreline suitable for recreational purposes should be available and designated as transitional use areas that allow for variable intensities of use. which mav include vista points. pedes- trian walkwavs. water entrv points. and access from the water: utilizing stream floodplains. street ends. steep slopes. and shoreline areas adiacent to waterfront roads. ¡L At suitable locations. shorelines should be made available and designated as high intensive use areas that provide for a wide varietv of activities. ~ Overall design and development in shore- line recreational areas should be responsive to the site characteristics of those areas and be consistent with the level of use in the area concerned. Revised Octobe, 1998 11.24 Federal Way Comprehensive Plan - land Use l:.YPn LUP73 ~ LUP74 £. Recreation areas on the shoreline should have adeQuate surveillance and maintenance. g. The public should be provided with addi- tional off-site and on-site guidance and control to protect shoreline resources. !h Where a wide berm is needed for drv beach recreation, and phvsical conditions permit sand retention, consideration should be given to creating a Class I beach' when such development does not destrov valuable biota or uniQue phvsical conditions. h Access to recreational shoreline areas afforded bv water and land circulation svs- terns should be determined bv the concept of optimum carrying capacity and recreational aualitv. i Non-water oriented recreational facilitv development should be kept inland awav from the water's edge, except where appro- priate in high intensive shoreline use areas. The provision of adeQuate public shoreline recreation lands should be based on an acQuisition plan with a clear public intent. A balanced variety of recreational oppor- tunities should be provided for people of different ages. health, familv status, and financial ability. ih Appropriate specialized recreation facilities should be provided for the developmentallv disabled, or others who might need them. !L Shoreline recreation areas should provide opportunities for different use intensities 'Pursuant to Federal Was C,tv Code. Chanter 18. ArtICle III. Section 18-163. a "Class I beach means a beach or shore baving denendable. geologicalh fulls develoned. and normalls dr, backshorc above bigh tide. " ranging from low (solitude) to high (manv ~ £., Opportunities for shoreline recreational experiences should include developing access that accommodates a range of differences in people's phvsical mobility, capabilities, and skill levels. fl Shoreline recreational experiences should include a wide range of different areas from remote-outdoor undeveloped areas to highlv developed indoor-outdoor areas. ~ Recreational development should meet the demands of population growth consistent with the carrving capacitv of the land and water resources. Circulation Element An element dealing with the location and extent of existing and proposed maior thoroughfares, trans- portation routes, and other public facilities: and coordinating those facilities with the shoreline use elements. Circulalion syslems in shoreline areas should be limiled 10 Ihose which are shore- line dependenl or would serve shoreline dependenluses. The physical and social enyironmenl shall be prolecled from Ihe adverse e(fecl oOhose syslems on Ihe aualilY of wafer. life or environment New surface transportation development should be designed to provide the best pos- sible service with the least possible infringe- ment upon the shorel ine environment. Revised October 1998 Goal LUG13 Policies H:fP14 LUP75 11-25 Federal Way Comprehensive Plan - land Use blfP;5 LUP76 WP76 LUP77 ih New transoortation facilities and imorove- ments to existing facilities that substantially increase leyels of air. noise. odor. yisual. or water oollution should be discouraged. ~ LUP78 ~ LUP79 Shoreline circulation systems should be adaotable to changes in technology. ih Federal Way should oromote and encourage modes oftransoortation which consume the least amount of energy while oroyiding the best efficiency with the least oossible Dollution. General Dolicies. ih New transoortation develooments in shore- line areas should Drovide turnout areas for scenic stoos and off road rest areas where the tooograDhy. view. and natural features warrant. !h TransDortation corridors should be designed to hannonize with the tooograohy and other natural characteristics of the shoreline through which they trayerse. !h Shoreline roadway corridors with uniaue or historic significant. or of great aesthetic auality should be retained and maintained for those characteristics. f.., New transoortation facilities crossing lakes streams or wetlands should be encouraged to locate in existing corridors. exceDt where any adyerse imDact can be minimized by selecting an alternate corridor. f.., Surface transDortation facilities in shoreline areas should be set back from the ordinary high water mark far enough to make unnec- s-sary such Drotective measures as rio-rao or other bank stabilization. landfill. bulkheads. groins. ietties or substantial site regrade. Residential Element An element dealing with housing densities. residential subdiyisions. shoreline access. necessary suooort services and locations of single-family dwellings (including manufactured homes) and multi-family dwellings without distinction between Dart-time or full-time occuDancy. Goal LUG14 Shoreline residential areas shall oerll/it a varietv of hollsim! (vOl'S and desiflns ,,'ith densities and locations consistent lI'ith the abilitv of ohvsical and natllral featllres to accolI/lI/odate thell/. Circulation systems should be located and attractiyely designed so as not to unneces- sarily or unreasonably Dollute the Dhysical environment or reduce the benefits Deoole deriye from their Drooertv. and they should encourage alternatiye routes and modes of travel. ih Motorized yehicular traffic on beaches and other natural shoreline areas should be Drohibited. !h Transoortation facilities oroyiding access to shoreline develooments should be olanned and designed in scale and character with the use orooosed. f.., Circulation routes should Droyide for non- motorized means oftrayel. Circulation systems disruotive to Dublic shoreline access and other shoreline uses should be relocated where feasible. ih TransDortation elements disruotive to the shoreline character which cannot feasibly be relocated should be conditioned or land- scaDed to minimize visual and noise Dollution. Rev¡w' October 1998 11-26 Federal Way Comprehensive Plan - land Use Policies HfP79 LUP80 WP8(} LUP81 Residential developments should be exclu- ed from shoreline areas known to contain development hazards or which would adverse Iv impact sensitive areas as identi- ied in Chapter 18 Division 6 of the Federal Wav Citv Code. 1h Residential development should be pro- hibited in floodplains within the 100 vear floodplain. HfPIH LUP82 ~ LUP83 ""' Landfill for residential development which reduces water surface or floodplain capacitv should not be permitted. ]¿, Residential development should be pro- hibited in areas of severe or very severe landslide hazard. Q" In residential developments the water's edge should be kept free of buildings and fences. ""' Residential development should be regu- lated in shoreline areas with slopes of 40 percent or greater. ~ Everv reasonable effort should be made to insure the retention of natural shoreline vege ation and other natural features of the landscape during site development and construction. Q" Shoreline areas containing other potential hazards (e. goo geological conditions. un- stable subsurface conditions. erosion hazards. or groundwater or seepage prob- lems) should be limited or restricted for development. Residential use of shorelines should not displace or encroach upon shoreline dependent uses. Residential densities should be determined with regard for the phvsical capabilities of the shoreline areas. public services require- ments. and effects such densities have on the environment. 1h Subdivisions and new development should be designed to adequatelv protect the water and shoreline aesthetic characteristics. ~ The burden of proof that development of these areas is feasible safe. and ecologicallv sound is the responsibilitv of the developer. ]¿, New residential development should onlv be allowed in those shoreline areas where the provision for sewage disposal and drainage wavs are of such a standard that adioining water bodies would not be adverse Iv affec- ed bv pollution or siltation. Residential developments should have min mal impact on the land and water environment of the shoreline and minimize visual and phvsical obstruction. !L Residential development should b, regu- lated in identified unique and fragile areas as required under the citv's sensitive areas regulations. ""' Residential development along shorelines should be set back from the ordinary high water mark far enough to make unnecessarv such protective measures as filling. bulk heading. construction groins or ietties. or substantial regrading of the site. ]¿, Residential development on piers or over water should not be permitted. Q" Residential developments should be designed to enhance the appearance of the shoreline and not substantiall, interfere with the public's view and access to the water. Revised October 1998 11-27 Federal Way Comprehensive Plan - land Use Shoreline Environments Pumose In order to more effectivelv implement the goals. objectives. and Dolicies of this master Drogram and the Shoreline Management Act the shorelines of the state within Federal Wav have been categorized into four separate environment designations. The Dumose of these designations is to differentiate between areas whose geographical features and existing development Dattern imDlv differing objectives regarding their use and future development. Each environment represents a Darticular emphasis in the IYDe of uses and the extent of development which should occur within it. The svstem is designed to en- ourage uses in each environment which enhance the character of the environment while at the same time requiring reasonable standards and restrictions on development so that the character of the environment is not destroved. The determination as to which designation should be given to anv specific shoreline area has been based on. and is reflective of. the existing development Dattern' the bioDhvsical capabilities and limitations of the land; and the goals and aspirations of the local citizenry. Each environment category includes: (I) a definition describing the development. use. and/or features which characterize the area; (2) a DurDose which clari- fies the meaning and intent of the designation; and. (3) ~eneral Dolicies designed to regulate use and develoD- ment consistent with the character of the environment. Urban Environment The urban environment is an area of high-intensitv land use including residential. office. and recreational development. The environment is Darticularlv suitable to those areas Dresentlv subjected to intensive land use Dressure. as well as areas Dlanned to accommodate urban expansion. The Dumose of designating the urban environment is to ensure optimum utilization of shorelines within urbanized areas bv Dermitting intensive use and bv managing development so that it enhances and mainains the shoreline for a multiplicity of urban uses. The environment is designed to reflect a Dolicy of inreasing utilization and efficiencv of urban areas. Dromote a more intensive level of use through redevelopment of areas now underutilized and encourage multi Die use of the shoreline if the major use is shoreline dependent. Policies ~ LUP84 bfflJIU LUP85 bf:IP85 LUP86 HfP86 LUP87 lÆPIJ.? LUP88 WP88 LUP89 EmDhasis should be given to deyeloDment within already developed areas. EmDhasis should be given to developing visual and Dhysical access to the shoreline in the urban enyironment. To enhance the waterfront and insure max- imum Dublic use. commercial facilities should be designed to Dennit Dedestrian waterfront activities consistent with Dublic safetY and security. MultiDle use of the shoreline should be encouraged. RedeveloDment and renewal of substandard areas should be encouraged in order to accommodate future users and make maximum use of the shoreline resource. Aesthetic considerations should be activelv Dromoted by means of sign control regula- tions architectural design standards. land- scaDing requirements. and other such means. Revised October 1998 11-28 Federal Way Comprehensive Plan - land Use l:m>89 LUP90 Development should not significantlv degrade the qualitv of the environment. including water qualitv and air qualitv. nor create conditions which would accentuate erosion drainage problems. or other adverse impacts on adiacent environments. Rural Environment The rural environment is intended for shoreline areas characterized bv agricultural uses. low densitY resi- dential (where most urban services are not available). and areas which provide buffer zones and open space between predominantlv urban areas. Undeveloped shorelines not planned for urban expansion or which do not have a high prioritv for designation in an alternative environment and recreational uses com- patible with agricultural activities are appropriate for the rural environment. The puroose of designating the rural environment is to preserve agricultural land restrict intensive develop- ment along undeveloped shorelines. function as a buffer between urban areas. and maintain open spaces and opportunities for recreational uses within the ecological carrying capacitY of the land and water resource. New developments in a rural environment should reflect the character of the surrounding area bv limiting densitY providing permanent open space and maintaining adequate building setbacks from the water to prevent shoreline resources from being destroved for other rural tYpes of uses. Policies Wf'9(J LUP91 Recreational access to the shorelines should be encouraged. Recreational facilities should be located and designed to minimize conflicts with other activities. HfP9f LUP92 New development should reflect the character of the surrounding area bv limit- ing residential densitv providing permanent open space. and maintaining adequate building setbacks from the water. Conservancv Environment The conservancv environment consists of a shoreline areas which are primarilv free from intensive develop- ment. It is the most suitable designation for shoreline areas of high scenic or historical values for areas un- suitable for development due to biophvsicallimita- tions. and for commercial forest lands. Conservancv areas are intended to maintain their exis- ting character. This designation is designed to protect. conserve. and manage existing natural resources and valuable historic and cultural areas. The preferred uses are those which are nonconsumptive of the phvsical and biological resources of the area. Policies -lÆP'E LUP93 HJPIH LUP94 -HJPI)4 LUP95 HIP95 LUP96 HfPl)6 LUP97 hffPlH- LUP98 New development should be restricted to those which are compatible with the natural and biophvsicallimitations of the land and water. Diverse recreational activities which are compatible with the conservancv environ- ment should be encouraged. Development which would be a hazard to public health and safetv. or would materi- allv interfere with the natural processes should not be allowed. The flood hazard overzone regulations shall applv to development within flood plains. Structural flood control devices should be stronglv discouraged in the conservancv environment. In areas with poorlv draining soils. develop- ment should not be allowed unless con- nected to a sewer line. Revised October 1998 11-29 Federal Way Comprehensive Plan - land Use Lf:!.WJ8 LUP99 Development should be reQulated so as to minimize the foliowinQ: erosion or sedi- mentation. the adverse impact on aquatic habitats. and substantial deQradation of the existinQ character of the conservancv environment. Natural Environment The natural environment consists of areas character- ized bv the presence of some unique natural features considered valuable in their undisturbed or oriQinal condition and which are relativelv intolerant of intensive human use. Such areas should be essentiallv free from development or be capable of beinQ easilv restored to natural condition. and thev should be larQe enouQh to protect the value of the resource. The purpose of desiQnatinQ the natural environment is to preserve and restore those natural resource svstems existinQ relativelv free of human influence. These svstems require severe restrictions of intensities and types of uses permitted so as to maintain the inteQritv of the natural environment. Policies HfP99 LUPIOO Natural areas should remain free from all development which would adverse Iv affect their natural character. HfPHJ(J LUPIOI The intensitv and type of uses permitted should be restricted in order to maintain the natural svstems and resources in their natural condition. /:;(;/fl.H}l LUPlO2 Limited access should be allowed to those areas in the natural environment. ~ LUPlO3 Uses which are consumptive of the phvsical and bioloQical resources. or which mav deQrade the actual or potential value of the natural environment. should be prohibited. HfI1ffB LUPIO4 Uses and activities in locations adjacent to natural areas should be strictlv reQulated to insure that the inteQritv of the natural environment is not compromised. Shoreline Use Activities Purpose Shoreline use activities are specific uses. or Qroups of similar uses. that have been outlined bv the Depart- ment ofEcoloQV Final Guidelines as beinQ character- istic of the shorelines of the state. Thev have been formulated as implementinQ tools to further carry out the intent and policy of this master proQram and the Shoreline ManaQement Act. Thev also represent a major criterion to be used in evaluatinQ proposed development and alterations to the shoreline environ- ment: with their ultimate influence. to a larQe extent. dependent upon how well thev are enforced. The policies that make UP each use activity have been founded on the premise that all reasonable and appro- priate uses require reQulatorv control. Other provi- sions such as a view enhancement. public access erosion control. water qualitv. 10nQ term benefits. and aesthetic considerations have also been reflected in policy statements. Shoreline uses and activities not specifically identi- fied. and for which policies have not been developed. will be evaluated on a case bv case basis and will be required to meet the intent of the Qoals and obiectives of this master proQram. the policv of the Shoreline ManaQement Act and shall be consistent with the manaQement policv and character of the shoreline environment in which thev propose to locate. Aquatic Resource Practices Of all facets of economic shoreline activitv. pro- duction from fisheries is the most vulnerable to massive destruction from an error in environmental control. Close monitorinQ of water quality and an aggressive policv of pollution abatement and control Revised October 1998 11-30 Federal Way Comprehensive Plan - land Use are mandatorv for full realization and sustenance of this economic base. AQuaculture addresses state hatcheries. commercial hatcheries and beds. and natural hatcheries and beds within F"deral Way shorelines. Underwater aQuaria are considered as aQuaculture although the use is DrinciDally recreational. AQuaculture has two modes: 1, The harvest of uncontained Dlant and animal DoDulations that exist on the nutrients and foods ayailable in the enyironment restock themselyes according to the fecundity of the DoDulation. and surviye as the food and nature allow. ;L Artificial stocking or raising of stock in feedlots or Dens using selectiye breeding and controlled feeding Drograms for increasing Droduction and rearing a uniform Droduct. Pen culture reQuires confinement and the Dresence of fixed structures that comDete for SDace. Pens. rafts. and hatcheries reQuire certain enyironmental condi- tions to assure the surviyal of their contained DoDula- tions. Some of these conditions are small waye forces. good flow. good water Quality temDerature limits. good anchoring ground and accessibility. and. DOS- sibly. good natural food and nutrient SUDDly. The confinement of fish or shellfish in concentration imDoses an extreme biological load in a small area. Dense DoDulations degrade water Quality and deDosit heayy fecal sediments below the Dens or on the floor of embayments. The DrinciDal imDacts of aQuacultural actiyity within the shoreline are: 1, Pollutants in the water body such as fish organic wastes. and additiyes for feeding and disease control. ;L Navigation hazards such as holding Dens. ratìs. nets. and stakes. 1, Watercourse alteration to SUDDly water. :l Netting and flooring of river beds for sDawning channels. i, Shoreline access limitations where shellfish are being Drotected and contained. Policies H:JPHJ4 LUPlO5 Federal Way's SUDDort should be given to the State DeDartments of Fisheries and Game to imDrove stream conditions. ODen new sDawning areas. and establish new fish runs. /:;ffP#J5 LUPIO6 Pens and structures for commercial aQua- culture should not be located on Class I beaches. or swimming beaches. WI'lf}6 LUPIO7 AQuacultural entemrises should be located in areas which would not significantly restrict navigation. H:IJ>HP LUPIO8 In aQuaculture entemrises. deveioDment of multiDle aQuaculture systems should be encouraged. HfPI:(}8 LUPIO9 AQuacultural structures should use ODen Dile construction where significant littoral dritì occurs. HfPf(}9 LUPllO Prior to use of an area for aQuacultural entemrises. consideration should be given to the caDability of the water body to absorb Dotential wastes. bffPHf} LUPlll Shoreline areas having cxtremely high natural Dotential for aQuaculture should be prcserved tàr that Dumose. RevIsed October 1998 11.31 Federal Way Comprehensiv" Plan - Land Use Commercial DeveloDment Commercial develooment certains generally to the use or construction of facilities for transaction and sale of goods and services as oooosed to industrial develoo- ment (treatment together with oorts) which Dertains to the design and fabrication of oroducts. The orinciDal imDact factors UDon the shoreline from commercial develoDment are oollutants (e.g.. erosion. sedimentarY. chemical. and microbial) and aesthetic destruction. Erosive oollutants from commercial develooment are generated from surface runoff and both surface and sub-surface subsidence. Chemical oollution is derived from fuel soillage. Microbial loading arises from Door containment of organic wastes associated with human habitation and recrea- tional activities. Policies bfJ:PHf LUPIn Consideration should be made of the effect a structure will have on scenic value. lÆfIJfH LUP1l3 Commercial structures and ancillarY facili- ties that are not shoreline deoendent or water-oriented should be Dlaced inland away from the immediate water's edge. bl:fI1fH LUP1l4 The use of DOrous materials should be encouraged for Daved areas to allow water to Denetrate and oercolate into the soil. Use of holding systems should be encouraged to control the runoff rate from oarking lots and roof toes. blfIJ.JH LUP1l5 Commercial enterorises locating within shoreline areas should be constructed to withstand normal rain and flooding con- ditions without contributing oollution to the watercourse or shoreline. HfPH5 LUP1l6 Commercial develoDment which is not shoreline deoendent should Drovide a buffer zone of vegetation for erosion control. Utilities Few. if any. utility systems could be installed com- Dletely without coming under the iurisdiction of this master Drogram. The focus of the Dolicies in this section is on how these utility facilities within the shoreline environment can be Dlanned. designed. constructed maintained. and rehabilitated to be consistent with the intent of the Shoreline Management Act. TYDeS of utility facilities in Federal Way varY from regional transmission by trunklines DiDelines. and transmission lines to subregional distribution facili- ties. These are essentially Dices and wires. Regional facilities generally are high voltage or ~ig" oressure systems with substantial Dotential imoact in case of failure. Their imoacts on the environment are also generally greater because of their scale and safety requirements. The tyoes of utilities covered are communications (radio. TV. and teleDhone). energy distribution (Detroleum oroducts. natural gas. and electricity). water. sanitarY sewers. and storm sewers. Policies HJPH6 LUPIJ7 Utilities which lead to growth should not be extended into or along shorelines without orior aDDroval of such extension by aooro- oriate land use authority. H!PJ.}-; LUP1l8 Utilities located in shoreline environments inaoorooriate for develoDment should not make service available to those areas. HfPH8 LUP1I9 In develooed shorelines not served b, utilities. ujilitv construction should be encouraged to locate where it can be shown Revised October 1998 11.32 Federal Way Comprehensive Plan - Land Use WPH:9 LUP120 HJ.I>H(J LUP12I HI:PlH LUPIn ~ LUPI23 HfPm LUPI24 that water Quality will be maintained or improved. Federal Wav should be consulted prior to. or at the time of. application for construc- tion of regional utilitv facilities to be located in or along shorelines. Utility corridors crossing shorelines of the state should be encouraged to consolidate and concentrate or share rights-of-way where: !h Public access (including view) would be improved. ß Concentration or sharing would not hinder the abilitv of the utility svstems to be in- stalled. operated or maintained safely. £., Water Quality would be as good or better than if separate corridors were present. Public access consistent with public safety and security should be encouraged where rights-of-wav for regional utility facilities cross shorelines of the citv. New utility facilities should be located so as neither to require extensive shoreline pro- tection nor to restrict water flow. circula- tion. or navigation. Utilitv facilities and rights-of-wav should be selected to preserve the natural landscape and minimize conflicts with present and planned uses of the land on which thev are located. H:JPm LUPI25 New utility routes should be designed to minimize detrimental yisual impact from the water and adiacent uplands. l.ff-P-H5 LUPI26 New free standing personal wireless seryice facilities are discouraged from locating within the shoreline enyironment. Shoreline Protection Shoreline protection is action taken to reduce adyerse impacts caused by current. flood. wake. or wave action. This action includes all structural and non- structural means to reduce these impacts due to flooding. erosion. and accretion. Specific structural and non structural means included in this use actiyity are bulkheads. rip-rap. bank stabilization. and other means of shoreline protection. The means taken to reduce damage caused by erosion. accretion. and flooding must recognize the positiye aspects of each so that the benefits of these natural occurrences will be retained eyen as the problems are dealt with. Erosion does not exist without accretion of material eroded be it a bench or a sandbar. Likewise. accretion cannot occur unless material has been eroded. Policies HfPH6 LUPI27 Structural solutions to reduce shoreline damage should be allowed only after it is demonstrated that non structural solutions would not be able to reduce the damage. H:IPlÐ LUPI28 Planning of shoreline protection should encompass sizable stretches of lake or marine shorelines. This planning should consider off-site erosion. accretion. or flood damage that might occur as a result of shoreline protection structures or activities. HJP.H8 LUPl29 Shoreline protection on marine and lake shorelines should not be used as the reason I()r creating new or newly usable land. Revised October 1998 11.33 Federal Way Comprehensive Plan - land Use I::ffPH9 LUP130 Shoreline Drotection structures should allow Dassalle of Ilround and surface waters into the main water bodv. MfI1H(} LUPI31 Shoreline Drotection should not reduce the volume and storalle caDacitv of rivers and adiacent wetlands or flood Dlains. I:lfPf:H LUPI32 Whenever shoreline Drotection is needed. bioenllineered alternatives such as natural benns and erosion control velletation Dlans should be favored over hard surfaced struc- tural alternatives such as concrete bulkheads and sheet Diles. blf-I>m LUP133 The burden of Drooffor the need for shore- line Drotection to Drotect existinll or Dro- Dosed develoDments rests on the aDDlicant. ~ LUP134 Shoreline Drotection activities which mav necessitate new or increased shoreline Drotection on the same or other affected DroDerties where there has been no Drevious need for Drotection should be discouralled. l::lfIJH4 LUP135 New develoDment should be encouralled to locate so as not to reauire shoreline Drotection. HJ.I1H.5 LUP136 Areas of sillnificance in the sDawninll. nestinll. rearinll. or residencv of aauatic and terrestrial biota should be given sDecial consideration in reviewing of shoreline protection actions. l:ÆfPH6 LUP137 Shoreline protection actions should be discouralled in areas where the v would block beach paren! material. HJPI-H LUP138 MultiDle use of shoreline Drotection struc- tures or nonstructural solutions should be encouraged. TransDortation Facilities The circulation network use category addresses trans- Dortation facilities such as roads railroads. bridlles trails. and related facilities. The impact of these facil- ities on shorelines can be substantial. Some existinll facilities were constructed to serve transportation needs of the moment with a minimum exDenditure and very little assessment of their Drimary or secondary ¡mDacts on shoreline aesthetics Dublic access to the water. and resultant effects on adiacent properties and water quality. Planninll for new transportation facil- ities within the shoreline area todav requires a Ilreater awareness of the environmental impacts transportation facilities will have on shorelines in addition to the necessity for intellratinll future shoreline land use Dlans with the transDortation svstem that serves developments on the shoreline. Policies lÆPH8 LUP139 Pedestrian access should be built where access to Dublic shorelines is desirable and has been cut off bv linear transDortation cor- ridors. New linear facilities should enable pedestrian access to public shorelines where access is desirable. bf:fPH9 LUP140 New surface transportation facilities not related to and necessary for the support of. shoreline activities should be set back from the ordinary high water mark far enough to make unnecessary protective measures such as rip ran or other bank stabilization. land- filL bulkheads. groins. jetties. or substantial site regrade. HJ.P.f4O LUP141 Shoreline transportation facilities should be encouraged to include in their design and Rev;s.-! October 199B 11-34 Federal Way Comprehens;ve Plan - Land Use bffPHf LUPl42 ~ LUPI43 ~ LUPl44 M:fI'H4 LUPl45 develoDment multi-modal Drovisions where public safetv can be assured. Shoreline transDortation facilities should be Dlanned to fit the tooograDhv and minimize cuts and fills; and should be designed. lo- cated. and maintained to minimize erosion and degradation of water qualitY and to give sDecial consideration to shoreline aesthetics. TransDortation and utility facilities should be encouraged to coordinate ioint use of rights-of-way and to consolidate crossings of water bodies when adverse impact to the shoreline can be minimized by doing so. TransDortation facilities should ayoid shore- line areas known to contain development hazards (e.g. slide and slump areas Door foundation soils marshes. etc.). Transoortation facilities should minimize shoreline rights-of-way by orienting gener- ally perpendicular to the shoreline where topographic conditions will allow. l:l:!PH5 LUPl46 Shoreline roadways should have a high priority for arterial beautification funds. WPH6 LUPl47 Abandoned road or railroad rights-of-way which contain unique shoreline amenities should be acquired for Dublic benefit. bffPl4'1 LUPl4S Federal Way should extend its trail and bicycle trail system. particularly as it relates to shorelines. to western Federal Way. H:1Pl-48 LUPl49 All transDortation facilities in shoreline areas should be constructed and maintained to cause the least possible adverse imDacts on the land and water enyironments. should reSDect the natural character of the shore- line and should make everY effort to ore- serve wildlife. aquatic life. and their habitats. Piers and Mooral!:es A Dier is a structure built over or floating upon the water extending from the shore. Some are used as a landing place for marine transDort or for recreational watercraft. Piers are designed and constructed as either water (floating) or aile supported both ofwhich haye oositiye and negatiye environmental aSDects. Floating Diers generally haye less of a yisual impact than those on piling and they proyide excellent protec- tion for swimmers from boat traffic. Floating Diers howeyer interrupt littoral drift and can starve down current beaches where aile Diers do not. Pile Diers can oroyide a diyerse habitat for marine life. Both tvDes can create impediments to boat traffic and near-shore trolling. Pier construction requires regulation to oro- tect nayigation rights. preserve shoreline aesthetics. and maintain the usable water surface and aquatic lands for life fonns characteristic and important to those areas. Policies HIPl49 LUP150 Open aile pier construction should be ore- ferred where there is significant littoral drift. where scenic yalues will not be im- paired. and where minimal alteration to the shoreline and minimal damage to aquatic resources can be assured. l::BPf5(} LUP15I Floating pier construction should be ore- ferred in those areas where scenic values are hi&!L H:fPl5f LUP152 Piers should be discouraged where conflicts with recreational boaters and other recrea- tional water activities would be created bv pier construction. Revised October 1998 11-35 Federal Way Comprehensive Plan - Land Use 1.l:/N52 LUP153 ~ LUP154 The random proliferation of single OUllJose piers should be discouraged. Preference should be given to shared use of piers in all shoreline areas. Temporary moorages should be permitted for vessels used in the construction of shoreline facilities. The design and con- struction of such moorages shall be such that upon termination of the proiect the aQuatic life can be returned to their original condition within one vear at no cost to the environment or the public. HJP.f§4 LUP155 Shoreline structures that are abandoned or structurallv unsafe should be abated. blIPI55 LUPl56 Substantial additions or alterations. inclu- ding but not limited to substantial develop- ments should be in conformance with the policies and regulations set forth in the master program. l:ifIJI5fJ LUP157 Piers docks. buovs. and other moorages should on Iv be authorized after consid- eration of: lli ß The effect such structures have on wildlife and aQuatic life. water Qualitv. scenic and aesthetic values. uniQue and fragile areas. submerged lands. and shoreline vegetation. The effect such structures have on naviga- tion water circulation. recreational and commercial boating. sediment movement and littoral drift. and shoreline access. bl:fI1:f:f'J LUP158 Moorage buovs should be preferred over floating and pi Ie constructed piers on all tidal waters. LUP159 Floatine structures and oven vile structures are vreferred over landfills or solid struc- tures in water areas used bv salmon and steelhead. Recreation Recreational experiences that depend on or utilize. the shoreline include: harvesting activities of fish. shellfish. fowl. minerals. and driftwood; various forms of boating. swimming and shoreline pathwavs: and watching or recording activities such as photograohv. painting. or the viewing of water dependent activities. Principal focal points are at Darks and access beaches. road ends viewpoints. features of special interest water-access points. and destination points for boaters. Facilities at these focal points mav include fishing Diers swimming floats paths parking areas. boat ramps. moorings. and accessory recreational facilities. The management of recreational land is determ ined bv balancing the recreational carrying caoacitv (or impact of the environment on people) and the ecological car- rving capacitY (the impact of people on the environ- ment). Measures to accomplish this are bv designation of areas for use-intensitY. interpretation. and regula- tion. These different recreational use areas coincide with the four environments-natural. conservancv. rural. and urban. There are multiple benefits derived from the Dark program. for example: recreational lands contribute substantiallv to open space bv conservation of land preserving historic sites. offering aesthetic relief and varietY. contributing to a healthful environment and shaping and preserving the com- munitv form. In addition to the provisions of recrea- tional opportunities. Federal Wav coordinates with other governmental agencies. commercial. and volun- teer groups to provide these opportunities for the public. The policies are directed toward providing shoreline dependent and water oriented recreational opportunities. Thev are also directed at protecting health and safetv bv separating incompatible activities and channeling them into their most appropriate environments. Revised October 199B 11.36 Fede'al Way Comprehensive Plan - Land Use Policies HfPf58 LUPI60 bl:fI1H9 LUPl6I The develoDment of recreational acquisition Dlans should give emDhasis to the acqui- sition of Drime recreation lands Drior to their being DreemDted for other uses. In ODen SDaces having an established sense of nature. imDrovements should be limited to those that are necessarv and unlikely to detract from the Drimarv values of the site. I:ÆPMD LUPI62 The siting of all develoDments should aim to enhance and Drotect the area concerned. WPfftl LUPI63 ~ LUPl64 Structural forms should hannonize the tODO- graDhv. reinforce the use area. minimize damage to natural resources and SUDDort recreation with minimal conflict. New buildings should be made svmDathetic to the scale. form. and DroDortion of older develoDment to Dromote hannonv in the visual relationshiDs and transitions between new and older buildings. ~ LUPl65 Whenever Dossible natural materials should be used in develoDing shoreline recreational areas. /:;f;IPffJ4 LUPl66 Artificial irrigation and fertilization should be restricted to high-intensity use areas. WP/fJ5 LUPI67 Existing buildings that enhance the char- acter of the shoreline should be used for recreation wherever Dossible. HfI'fft6 LUP/68 Underwater Darks should be extensions of shoreline 6!tI"intffl Darks. or be created by or enhanced bv artificial reefs where natural conditions or aquatic life could be observed with minimally interferetlnce witIt. HfIJf{ff LUPI69 Public recreational shoreline areas should serve as emergency havens of refuge for boaters. bfHJM8 LUPl70 Physical and/or visual access to the water should use steeD sloDes. view Doints from bluffs. stream valleys. and features of sDecial interest where it is Dossible to Dlace Dathwavs consistent with Dubhc safety with- out requiring extensive flood or erosion protection. WPI69 LUPI7l The acquisition of Dublic easements to the shoreline through Drivate or quasi-Dublic shorelines should be encouraged. l::ffIJH(J LUPI72 Existing Dubhc recreation shorelines should be restored where it is Dossible to reveg- etate: resite roads and Darking areas that are close to the shoreline: and remove stream channelization and shoreline Drotection devices when the facility has either deterio- rated or is inconsistent with the general goals of this DrOgram. J.ffllH+ LUP/73 Prime fishing areas should be given Drioritv for recreational use. ~ LUPIN Boating activities that increase shore ero- sion should be discouraged. HJP.l-B LUP175 Effective interoretation should be Drovided to raise the quality of visitor exDeriences and Drovide an understanding of the resource. Revised October 199B 11.37 Federal Way Comprehensive Plan - Land Use Residential DeveloDment The shorelines in Federal Way are more widely used for residential Durvoses than for any other use. Much of the undeveloDed shoreline is Drivatelv-owned sub- divided into small lots. and zoned to Dermit residential develoDment. The Dressure to develoD shorelines for residential uses has continued to result in DroDertv subdivision and escalating waterfront land values. Residential devel- ODment of shorelines is accomDlished in a variety of ways from large Dlats and subdivisions to single lot development for housing' any of which ifDoorlv Dlanned can culminate in the degradation of the shoreline environment and water resource. The Shoreline Management Act generally exemDts "".construction on shorelands bv an owner lessee or contract Durchaser of a single family residence for his own use or the use of his familv..." from its Dermit reQuirements. However. even though single family homes are not considered substantial develoDments. the intent of the act has established the basis for Dlanning and regulating them. Policies H:IPl-14 LUP176 Residential developments should be Der- mitted only where there are adeQuate Dro- visions for utilities circulation. access. site layout. and building design. l::ffPM5 LUP177 Subdivisions should be designed at a level of density. site coverage. and OCCUDancv comDatible with the Dhvsical caDabilities of the shoreline and water body. H:IPH6 L UPI 78 Residential develoDment Dlans submitted for aDDroval should contain Drovisions for Drotection of groundwater supplies erosion control. landscaping and maintenance of the shoreline integrity. HfIJ.H.+ L UP 1 79 H:fPf.f8 LUP180 bffIJH9 LUP181 HfJ1l.8fJ LUP182 !h Q., ~ Residential subdivisions should be designed so as to Drotec, water Qualitv. shoreline aesthetic characteristics vistas. and normal Dublic use of the water. Subdivisions should Drovide Dublic Dedes- trian access to the shorelines within the development in accordance with Dublic access element of this master Drogram. The established velocity. Quantitv. and Qualitv of stormwater discharge should be considered in terms of the sensitivity of the DroDosed receiving environment. The dis- Dosal mode selected should minimize changes in infiltration. runoff and ground- water recharge. DeveloDers of recreational Drojects such as summer homes. cabins camDgrounds. and similar facilities should satisfactorily demonstrate: The suitability of the site to accommodate the DroDosed development without adver- selv affecting the shoreline environment and water resource. AdeQuate Drovisions for all necessary utilities. including refuse disposal. and the compatibility of the development with adiacent DroDerties and surrounding land uses. That recreational oDDortunitv exists on the site and does not deDend on adjacent Dublic land to furnish the activity. Revised October 1998 11.38 Memo FROM: LUTC members Kathy McClung, Deputy CDS Director ~~~ TO: DATE: October 22, 1998 RE: Summary of Shoreline Management Program changes Attached is a revised version of the Shoreline Management Plan and related ordinance. As you may remember, originally there were three parts to these changes: (1) the regulations, (2) the goals and policies and (3) the map. Regulations- Since the LUTC last met on shoreline, we have received comments from the individual at the state level who has given the draft regulations a preliminary review. I have incorporated most of his minor changes i.e. changing "not permitted" to "prohibited" but direct your attention to the following more substantive changes: 1, Added definitions for "non-water-oriented, water dependent, water enjoyment, water oriented, water related" (p.3 & 4 Exhibit A). 2. Beefed up parking regulations by adding Sec. 18-165.03 (5) a, c, & d (see page 7) 3. Added salmon and steelhead protection language Sec 18- 165.10 on page 17-20. These are referenced in all of the shoreline designations. He also recommends that setbacks be Conservancy-100', Rural-75', and Urban-25'. Since you had specifically designated other setbacks, I did not make these changes. I have also incorporated your changes to setbacks (pp. 8,9, & 14). On page 8, Section 18-165.04 (3) (a) (2), you may want to consider changing "50'" to "30'" since in other situations residential can be built up to 30' of the ordinary high water mark. The last change is on page 29 where Section 18-170.176 was added to establish criteria for changing a map designation. Goals and Policies- I wasn't planning to make any changes to the goals and policies which are now included in the Comprehensive plan update, however, yesterday, I received the suggested language for salmon and steelhead protection. I was able to incorporate the regulation language, but ran out of time to include it in this packet for the goals and policies. I have included a paper copy of the state suggested language. Margaret and I will edit out the parts that do not apply to Federal Way and will include it in the final update which will come to you November 2nd. Map Changes- Since the LUTC recommended dropping the map change along Puget Sound and Weyerhaeuser asked to have their map change dropped (see attached letter) I have deleted all references to map changes. attachments- ordinance with Exhibit A & B copy of salmon goals and policies letter from Weyerhaeser A Weyerhaeuser eo,po,," H..dq.",... PO Boa 2999 Taco"" WA 984n.2999 Toll253192' 2345 October 6, 1998 Dear North Lake Resident: As you may recall, I wrote to you last month inviting you to a meeting at Weyerhaeuser to discuss the proposed changc to the shoreline designation ofa portion of the Weyerhaeuser property on North Lake. This proposed change had been requested by Weyernaeuser during the process of annexation to Federal Way in 1994. We originally requested the change for this particular piecc of property so that its shoreline designation would be consistent with the other propcrties around North Lake as well as with thc rest of the Weyerhaeuscr corporate campus. At no point did We have specific plans to develop the land. However, when we leamedofthe concern some of our neighbors on North Lake had about this proposed change, wc decided to reevaluate the original request. AfteI reevaluating circumstance>s and physical characteristics of this specific property, we determined it is an area we would be UIÙikely to develop for corporate use. This is in largc part due to existing conditions on the property including natural constraints, such as wetlands. Both because we have determined that this area is not like>ly to be needed for development, and because wc share our neighbors' concern for the quality of the environment around North Lake, we have decided not to pursue thc original request for a shoreline designation changc. This means the shoreline on this particular portion of the Weyerhaeuser property on North Lake will remain under the designation of "conservancy." In light of this. it docs not appear ncccssar)' to hold a meeting with neighbors about this issue. As a result, the meeting that was to be held at Weyerhaeuser on Tuesday, October 13, 1998 from 6:30-8:00 p.m. has been canceled. Because we understand there may be interest in other Weyerhaeuser/Quadrant activities in the broader East Campus area, we plan to schedule a meeting in November to provide information on those activitics. Sincerely, d~l~ Vice President, Weyerhaeuser Business Services 10/08/98 TIIU 1J, 48 [TX/RX NO 6J211 Memo TO: FROM: Land Use and Transportation Committee Kathy McClung, Deputy Director CDS ~ July 29, 1998 DATE: RE: Shoreline follow up A question was raised at your last meeting regarding the impact of changing the shoreline designation from Rural to Urban on density. The only properties that were suggested for change were the commercial (Office Park) properties at North Lake and the residential properties on puget Sound between Dumas Bay Retreat Center and Poverty Bay Park. The properties on North Lake are zoned and shows on the Comprehensive Plan Map as Corporate Park. The properties are currently owned by Weyerhauser and are used by the company for office and accessory uses to their other properties in the area. The current shoreline designation is conservancy. Under the conservancy designation no commercial uses would be permitted. The recommended designation is urban which is the only shoreline designation which would permit development of Corporate Park type uses. A review of the Conservancy designaiton was agreed to when the Weyerhauser property was annexed. The area on the Sound consists of 35 single family lots. The properties are zoned RS 7.2 (minimum lot size 7200). The Comprehensive Plan Map designates the area as High Density Single Family. Under the current shoreline designation of Rural, lots could be subdivided if the lots created are a minimum of five acres. However, there is a provision to reduce the lots down to 15,000 square feet if it meets certain criteria. The only two possible lots that would qualify under the criteria are already configured with two lots, so there would be no net increase of lots under the rural designation. Under the urban designation, the lot size is determined by underlying zoning. Assuming that the there are no topography issues and that access could be worked out, the change could under the worst case scenario, create 25 additional lots. However, since many of the lots are not conducive to subdivision due to the way the lots are configured and placement of existing structures, the reality of seeing even half that many develop is unlikely. I will have maps available at the meeting to illustrate this clearly. I have also attached wording on setbacks per your direction. Please read this to verify that we have captured your concerns. Sec. la-XXX Residential development 3. Setbacks a. Single famuily residential development shall maintain a minimum setback behind the stringline setback or 50 feet from the ordinary high water mark whichever is greater except in the following cases: 1. If the property is undeveloped and reasonable use of the property cannot occur without further encroachement of the setback due to physical constraints of the lot, then the Director of Communtiy Development can reduce the setback to the minimum necessary in order to build a single family home but in no case less than 30 feet from the ordinary highwater mark. 2. If the property is developed with a single family home within 50 feet of the ordinary.high water mark, then the residence can only be added to if the addition will not make the structure any more non-conforming as to its setback or the applicant may request a shoreline variance and conditional use permit. 3. If the residential development is proposed on shorelines that include one or more sensitive areas, as defined in Chapter 22, such development shall maintain setbacks in accordance with regulations and procedures set forth in Article XIV of Chapter 22 of the Federal Way City Code (FWCC) . b. Multifamily residential development shall maintain a setback behind the stringline setback or 75 feet from the ordinary high water mark whichever is greater except in the following cases: 1. If the property is undeveloped and reasonable use of the property cannot occur without further encroachement of the setback due to physical constraints of the lot, then the setback can be reduced to the minimum necessary in order to build a single family home but in no case less than 30 feet of the ordinary highwater mark. 2. If the property is developed with a single or multifamily structure within 75 feet of the ordinary high water mark, then the structure can only be added to if the addition will not make the structure any more non-conforming as to its setback. 3. If the residential development is proposed on shorelines that include one or more sensitive areas, as defined in Chapter 22, such development shall maintain setbacks in accordance with regulations and procedures set forth in Article XIV of Chapter 22 of the Federal Way City Code (FWCC) . 36 Office and commercial development 2. Office and commercial development shall maintain a setback behind the stringline setback or 75 feet from the ordinary high water mark whichever is greater excet in the following cases: a. If the property is developed with a structure within 75 feet of the ordinary high water mark, then the structure can only be added to if the addition will not make the structure any more non-conforming as to its setback. b. If a development is proposed on shorelines that include one or more sensitive areas, as defined in Chapter 22, such development shall maintain setbacks in accordance with regulations and procedures set forth in Article XIV of Chapter 22 of the Federal Way City Code (FWCC). Stringline setback- a straight line drawn between the points on the primary buildings having the greatest projection (including appurtanant structures such as decks) waterward on the two adjacent properties. [t~t6 ON ¡¡¡/nl OC: tI::!fI.L 96/60/90 Planning and Heartng Examiner Serv1ces McCo~E.ell/Burke I Incorporated 10604 N.E. 38th Place Suite 227 Kirkland. Washington 98033 (425) 827-6550 FAX: 669-0730 June 9, 1998 To: Federal Way Land Use> & Transportation Comminee Kathy McClung From: DonLargen, AICP Planning Consultant .~.~.~j.:.c.~;.............._..~~~p'~~_c:d S~9:::!!.~~¥...~!:a..~~II!.~.t..~.a..s.~:r PI:.?!;ram R~~I..~~9..~~__.............._........__........._... At the Committee's June 1st meeting there were several questions raised about proposed provi.~i()ns in the Shoreline Master Program regulations. Kathy McClung has provided me with a summary of those questions and I have rcvicwed them relative to the specific issue of water quality and salmon habitat protection. Keep in mind that the City's environmentally sensitive areas regulations deal specifically with waleI' quulily issues in the context of streams, wetlands, regulated ponds, wiJdlife and fish huhilats, und erosion of steep slopes. A variety of mitigation measures are provided, such as buffers, native vegetation retention/installation, drainage controls, linlÍlalíòhs on certain uses, elc. This is not to say that added protective measures in the Shoreline Ma.~ter Program are not necessary, rather they should be viewed in the context of the City's total set of environmental protection regulations and support those efforts. Below! have responded to the questions raised in the order that they appear in the master program. I) What is the physical or ecological carrying capacity and how is it applied? epg. 4, pg. 8, and pg. 16) These are general terms commonly found in policy statements that arc intended to recognize that an a~se~sment of site specific circumstances should be undertaken to determine whether a proposed development is compatible with the nature of a specific section of shoreline and what mitigation requirements might be appropriate. As such there are no numerical values associated with these terms. The designation of the three shoreline environments and their associated regulations are intended to recognize the general differences in physical limitations/carrying capacities of the City's shorelines. 2) Should there be a. policy which limits the amount of impervious surfaces? (pg. 8 and pg. 9) A genem! policy statement that impervious sUifaccs should be kept to the minimum necessary for reasonable development and use of a site could certainly be addcd. However, GO'd BG : £I 301 B6-6 -NOr [tZt6 ON X1I/Y.LI oc: t1 3fll 86/60/90 (he shore! inc regulations apply to aU land which is within 200 feet of a regulated shoreline. Many if not a majority of the residential lots around Steel Lake, for example. have nearly their entire area within the 200 foot of the shoreline. A couple of approaches might be: a. Prohibit or limit the amount of impervious surfaces that are waterward of the primary structUre, or b. Prohibit impervious surfaces within the shoreline setback area. 3) Commcrcial forests. (pg. 16) This refcrence to commercial foresL~ is a hold over from the King County SMMP and should have been removcd form the current draft (my mistake). Thcre are no commercial forests in Federal Way and I am not aware of any areas in the City that would have stands of commercially viable trees. This reference will be eliminated from the final draft. 4) What are biophysical limitations? (pg. 17) This is a common policy term that is similar to 'physical limitations' and 'carrying capacity' and is used somewhat synonymously with those tenllS. It means the total combination of physical constraints (topography. soils, etc.) and on-site wildlife (land and aquatic), plant life. and habitat. 5) How are the shoreline environment designations appJied? (pg. 31, pg. 39, pg. 41) The criteria given for each of the three shoreline environment designations are not additive. In other words meeting anyone of the criteria would make it a candidate for that environmental designation. The exception would be criteria #5 for Urban and criteria #3 for Rural. These two are not so much criteria as they are a qualifier: i.e. the Urban or Rural designation would not be applied if there were any or a combination of those physical features listed. In that case the designation would default to Conservancy. Note that the Shoreline Master Program shoreline environment designations map proposed for the various City shoreIine>s appears to be consistent with these criteria. 6) Urhan and Rural residential shoreline setbacks. (pg.32) The 20 fool shoreline setback is another hold over from the County SMMP and is very minimal. The primary benefit of a smaller setback is to ensure that the use of a property is nO! regulated away or to recognize the presence of some physical constraint such as a steep hluff on the upland portion of a lot. Larger sctbacks have sevcral benefits including preservation of views from adjacent properties, increasing the distance that run-off from hard surfaces must travel before entering the water. and minimizing disruption from constntction activities. Our office functions as shoreline administrators for several Lake Washington jurisdictions and the average residential shoreline setback is about 50 fcct. 2 EO'd 6è:E! 3m 86-6 -Nnr Int6 ON n:/:U] Ot: tt 3!ll 96160/90 A rough review of shoreline lots in the City (i.e. scaled off of a city-widc map) suggcsts that a majority of the lots arc ovce 150 fect deep. In view of this I would suggest going to a 75 foot shoreline setback, with a provision that would provide for a reduction down to 30 feet to allow for reasonable use. 7) Reduction of setback for commercial properties. (pg, 36) TIII~ rcùuced setback inccntive for conuneccial developments providing public access to the shoreline is not a necessary provision, The intent is to encourage new development to provide for public access to privatc shorelines, which is a goal of the Shorcline Management Act. 'Access' docs not necessarily have to include the ability to actually walk eight up to the shoreline edge; it could simply be visual access, such as providing a viewpoint. This provision would only potentially effect a handful of properties on Steel Lake and Lake Kilarney, which have some commercial zoning. This provision can be removed if ¡he Commitlee sees it as a conflict with salmon habitat protection. 8) Puvement in residential subdivisions. (pg.42) My understanding is that perhaps roadways, driveways, and parking surfaces within shoreline areas should not be hard surfaces. It does not appear from a brief look at a City map that there ure that many public streets within the regulated shoreline areas. This also appears to be true for parking areas, aI¡hough there are hard surfaced parking areas associated with the shoreline parks. There are trade-offs on this issue. Paved roadways and parking areas are gcnerally required to have run-off detention facilities that include oil/water separators. A gravel surface would not rctain toxic substances such as oil, which could then leach into the soil and penetrate into near surface aquifers. This issue is probably more appropriate>ly addressed in the City's roadways, parking, and perh"ps subdivision standards, rathe>r than in the shorc:line> maste>r program. 3 vOOd O£:£[ ::Jm RR-R -t-mr ...--~ MEMO TO: Land Use and Transportation Committee FROM: Kathy McClung, Deputy CDS Director DATE: May 27, 1998 RE; Shoreline Management and Regulations Attached is the Planning Commission recommendation for a Shoreline Master Program and related regulations. The Planning Commission conducted a public hearing on April 1, 1998. The only person in the audience was a representative from the Quadrant Corporation. Don Largen, consultant from McConnell Burke will present the shoreline management plan and regulations to the Committee. Briefly, these changes include: * Revisions to the adopted King County Shoreline Master Program to update language and remove those parts of the Program not applicable to Federal Way. * Revisions to the adopted King County Shoreline Regulations to update language and remove sections not applicable to Federal Way. * Revision to the shoreline designation of a portion of North Lake from Conservancy to Urban. A shoreline designation map wil be provided at the meeting. Attachments: 1. Planning Commission Findings 2. Draft Ordinance 3. Staff Report CITY OF FEDERAL WAY Planning Commission DATE: TO: FROM: SUBJECT: April 30, 1998 CITY COUNCIL ROBERT VAUGHAN, CHAIR PLANNING COMMISSION RECOMMENDATION PROGRAM AND SHORELINE REGULATIONS - SHORELINE MASTER ----------------------------------------------------------------- 1. BACKGROUND The Federal Way Comprehensive Plan contains goals and policies that provide for shoreline management as required under growth management. The City adopted the King County Shoreline Master Program and regulations in 1990 with the city's incorporation. The adopted King County regulations and Program includes outdated language and regulates types of shorelines that do not apply to Federal Way. Other policies and regulations are not specific enough to the City's shorelines since King County was written for a broader range of shoreline uses and environments. The Comprehensive Plan states that the City shall develop a Shoreline Master Program that is consistent with community values, land use and environmental protection. The shorelines in the City that are regulated include those along Puget Sound, all of Steel Lake, and those portions of North Lake and Lake Killarney that are located within the City's boundaries. II . PLANNING COMM!SSION PROCESS The Planning Commission held a public hearing on April 1st 1998. The City staff provided the Commission with an overview of issues and draft regulatory provisions as drafted by a consultant. The hearings were devoted to a section-by-section review of the recommended regulatory language contained in the March 24, 1998 consultant staff report. I I I. SUMMARY OF AMENDMENTS The following list summarize the major code amendments reviewed by 1 the Commission during this code revision process. 3. Replacement of the adopted King County Shoreline Master Program (Title 25) with a Federal Way Master Program. The new Master Program deletes sections of the King County Code that do not apply to this city. Amendment to Chapter 18 of the FWCC to adopt applicable regulations for shoreline development. Change the shoreline map designation for the properties along the North Lake from Conservancy to Urban and the properties along the portion of the puget Sound between Dumas Bay Retreat Center and Poverty Bay Park from Rural to Urban. 1. 2. IV. PLANNING COMMISSION FINDINGS & RECOMMENDATIONS The Planning Commission bases its recommendation of adoption of the proposed amendments to the FWCC relative to the Shoreline Management Program and related regulations based on the following findings: 1. The City's shoreline areas are an important feature to the City's character and quality of life; and 2. The existing shoreline regulations and Shoreline Master Program are King County regulations in place at time of the City's incorporation and do not reflect the Federal Way community values and specifics of this area; and 3. The proposed amendments are consistent with the provisions of the Natural Environment chapter of the Comprehensive Plan including the following: NEG10- Create a new shoreline master program that is consistent with community values, land use and environmental protection. NEP44 - The City should create a new Shoreline Master Program that is consistent with State law, and the policy direction of the Natural Environment and Land Use chapters of this Plan. NEP45- The Shoreline Master Program should recognize the unique recreational and natural habitat of the City's shorelines; and 4. The proposed shoreline designation map changes will remove the inconsitency between the Federal Way Comprehenive Plan Map and existing zoning and more accurately reflect current uses and densities of the properties. 2 5. The Federal Way SEPA responsible official issued a Declaration of Nonsignificance on April 1, 1998; and 7. The proposed code amendments would not adversely affect the public health, safety or welfare. Commission 3 CITY OF FEDERAL WAY Planning Commission DATE March 24, 1998 APPLICANT City of Federal Way PROPOSED ACTION Text Amendments to Chapter 18, Article III, City of Federal Way (Shoreline Management Master Program) STAFF REPRESENTATIVE Don Largen, AICP Planning Consultant McConneli/Burke, Inc. STAFF RECOMMENDATION Staff recommends that the Planning Commission use this report as basis upon which the Commission develops a recommendation of proposed Shoreline Management Master Program amendments for City Council consideration. I. INTRODUCTION Severa! items have been identified and prioritized by the City Còuncil for completion during its 1997 Planning Commission work program. One of these tasks is a review and update of the City's Shoreline Management Master Program (SMMP). The scope of the review is to update the SMMP relative to the following items: 1. Whether the current designation of shoreline environments is still appropriate. 2. Eliminating those portions of the SMMP that are not applicable to Federal Way's shorelines. 3. Updating the SMMP relative to amendments to the State Shoreline Management Act. 4. Updating the SMMP to reflect requirements in ESHB 1724 Regulatory Refonn. 5. Relating the SMMP to the Comprehensive Plan under GMA. 6. Updating the supporting development regulations. II. BACKGROUND The SMMP is the document. along with supporting development regulations. which controls development within 200 feet of a regulated shoreline. The City of Federal Way adopted its current SMMP in February, 1990 at the same time as the City's incorporation. Since the City was in the process of incorporating at that time and having to meet the requirements of the Growth Management Act, the King County SMMP and supporting development regulations were adopted by reference in order to comply with the State Shoreline Management Act. This was a reasonable choice since much of the City's shoreline was developed under the County's regulations. The King County SMMP contains policies and regulations for a much broader range of land uses and activities than are found or allowed on Federal Way's shorelines. Examples would be forest practices and industrial uses. Other policies and regulations may not be specific enough to the City's shorelines since the King County SMMP was written for a greater variety of shoreline uses and environments. The King County SMMP had also not been updated for some time. Since the City's adoption of the SMMP there have been several changes to the State Shoreline Management Act relative to pennit process, clarification of language used in the Act, and the relationship to other planning processes. These updates do not dramatically change the Act, but they do need to be reflected in the City's SMMP. The shorelines in the City that are regulated under the SMMP are those along Puget Sound, all of Steel Lake, and those portions of North Lake and Lake Kilarney that are located within the City's boundaries. The land uses along the Puget Sound shoreline consist of parks and single family residential development. Steel Lake's shoreline is developed as single family residences, with the exception of a multiple family development at the west end of the lake and a portion of Steel lake Park. The North Lake shoreline is adjacent to the Weyerhaeuser corporate headquarters, which is zoned CP-I (Corporate Park). Land along the Lake Kilarney shoreline is zoned OP-I (Office Park I), with a small portion of single family residential and a park. III. PROVISIONS NOT ApPLICABLE TO THE CITY The Federal Way shorelines are developed primarily in residential and recreational uses', with limited commercial development on two of the lakes. The SMMp contains a number of chapters and sections that deal with issues and policies for land uses that do not occur on the City's shorelines. Therefore, these sections can be removed. The table of contents of the attached draft SMMP depicts the uses or activities that do not occur or that are not allowed on the City's shorelines by a strike tRFIJügh. The attached draft of the SMMp also contains edits to the document so that the text containing descriptions and policies is updated specific to Federal Way. They are also indicated with a strike through or an underline. The regulations that implement the SMMP also contain provisions for uses and activities that are not applicable to the City's shorelines. The provisions pertaining to those uses and issues deleted from the SMMP may also be removed from the City's shoreline regulations. IV. SHORELINE ENVIRONMENT DESIGNA nONS The existing SMMP designates four shoreline environments: Urban, Rural, Conservancy, and Natural. Each environment category includes: (I) a definition describing the development, use 2 'and/or features which characterize the area, (2) a purpose which clarifies the meaning and intent of the designation, and (3) general policies designed to regulate use and development consistent with the character of the designated environment. We have reviewed these designations and their locations on the City's shorelines to determine if they are still appropriate, A, URBAN ENVIRONMENT The Urban Environment is an area of high intensity land use including residentiål,'commercial, and recreational development. This Environment is particularly suitable to those areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate urban expansion, and areas currently in urban use, The Urban Environment designation includes two sections of the Puget Sound shoreline, all of the shoreline around Steel Lake, the Lake Kilarney shoreline that is within the City, and approximately half of the North Lake shoreline that is in the City. The areas designated as Urban are all characterized by urban uses, either single family residential, multiple family residential, office uses, or parks. The underlying zoning also allows for these uses and densities. Therefore, it appears that the sections of the City's shoreline designated as Urban Environments are appropriate and do not require a different designation. B. RURAL ENVIRONMENT The purpose of designating the Rural Environment is to preserve agricultural land, restrict intensive development along undeveloped shorelines, function as a buffer between urban areas, and maintain open spaces and opportunities for recreational uses within the ecological carrying capacity of the land and water resource. New developments in a Rural Environment should reflect the character of the surrounding area by limiting density, providing pennanent open space and by maintaining adequate building setbacks from water to prevent shoreline resources from being destroyed for other of uses. Currently, the Rural designation exists for three sections of the Puget Sound shoreline. These areas are developed with single family residences at urban densities. The exception to this pattern of development is the Dumas Bay Center. The development regulations for the Rural designation are basically the same as for the Urban designation, with the exception of allowed densities. Most of these sections of the shoreline are also zoned for single family residential development at densities higher than that specified in the Rural designation. C. CONSERVANCY ENVIRONMENT The Conservancy Environment consists of shoreline areas which are generally free from intensive development. It is the most suitable designation for shoreline areas of high scenic or historical values, parks and recreation, and for areas unsuitable for development due to sensitive areas. The Conservancy designation occurs at Dash Point State Park, properties along Dash Point itself, the undeveloped Poverty Bay Park, a residential section of the Puget Sound shoreline towards the north end of the City, and approximately one-half of the North Lake'shoreline that is in the City, The Conservancy designation for the two park sites is clearly appropriate. This designation also 3 Appears appropriate due to the presence of steep slopes in those two sections of the Puget Sound shoreline. The North Lake shoreline is partially developed with Weyerhauser corporate offices. The underlying zoning for this portion of the North lake shoreline is Office Park (OP) and only pennits office type development. As a result, the shoreline for this area of the lake might be more appropriately changed to an Urban designation. D. NATURAL ENVIRONMENT The Natural Environment consists of areas characterized by the presence of some unique natural features considered valuable in their undisturbed or original condition and which are relatively intolerant of intensive human use. Such areas should be essentially free from development or be capable of being easily restored to natural condition, and they should be large enough to protect the value of the resource. The only Natural Environment designated in the City is on the Puget Sound shoreline at Dumas Bay Park. This is a short section of shoreline that has been left in an essentially unaltered state. Therefore, this appears to be an appropriate designation for this location. v. DEVELOPMENT REGULATIONS The City's Municipal Code Chapter 18, Article ill Shoreline Management adopts the King County shoreline management regulations by reference. These regulations are referenced as King County Code Title 25 Shoreline Management and include the following chapters: 25.04 Purpose - Title - Scope 25.08 Definitions 25.12 Environment Designations 25.16 Urban Environment 25.20 Rural Environment 25.24 Conservancy Environment 25.28 Natural Environment These chapters, as amended by the recommendations within this section, should be incorporated into Chapter 18, Article ill and numbered accordingly. Each of the above King County chapters is discussed below. Appendix B contains the full edited text of the updated shoreline development regulations. 25.04 Purpose - Title - Scope The existing Sections 18-161 and 18-163 of the City's Shoreline Management regulations address the issues of purpose and authority, and jurisdiction. They essentially cover the same regulatory intent as those in King County 25.04. This chapter of the King County code can be deleted. 25.08 Definitions The King County shoreline code contains sixty-five definitionB. Approximately half of these definitions are either common to the City's overall Municipal Code (e.g. height, Department, nonconfonning use) or that pertain to items that are not applicable to the City's shorelines. These 4 . r 'definitions can be deleted, leaving thirty-two definitions to be incorporated into Chapter 18, Article Ill. 25.12 Environment Designations This chapter outlines the purpose and establishes the adopted shoreline environment designations. This chapter is edited to be specific to Federal way. 25.16 Urban Environment This chapter specifies allowed uses and activities within the Urban Environment designation and their associated development conditions. As with the SMMP as a whole, this ch,apter includes uses and activities that are either not allowed due to underlying zoning or that~9 not occur on the City's shorelines. The following sections may be deleted from this chapter: Agricultural Practices Aquatic Resource Practices Forest Management Practices Industrial Development Commercial A new section has been added to reflect the allowed Office zoning district adjacent to North Lake. The rest of the section has been edited to be specific to Federal Way 25.20 Rural Environment 25.24 Conservancy Environment 25.28 Natural Environment These sections have been similarly edited to reflect the policies and uses in a similar manner as with the Urban Environment. VI. SHORELINE MANAGEMENT ACT AMENDMENTS In 1996 the State Shoreline Management Act (SMA) was amended to clarify several provisions relating to developments exempt from shoreline permits, remove language that was in conflict with the Growth Management Act, and to clarify permit processes. (Note: more extensive amendments to the SMA were anticipated in 1997, however, the State legislature remanded the proposed amendments back to Department of Ecology staff for further consideration). The Washington Administrative Code CW AC) 173-27 establishes the rules and procedures for processing shoreline pennits, including what type of developments are exempt from the shoreline permit requirement. Note that the SMA procedural amendments have been given a new chapter number. All references in the City's codes that reference WAC 173-14 should be amended to reference WAC 173-27. Development on the City's shorelines is regulated through the Shoreline Substantial Development Permit (SOP) process. If not specified as exempt in the WAC. projects will usually require a shoreline permit if they cost more than $2,500 or involve grading in excess of 5 250 cubic yards of material. The exception is for residential piers on fresh water, which have a dollar threshold of $10,000. Single family homes built by the landowners for their own residence are generally exempt from the permit requirement. A single family home also includes those structures and developments that are considered a nonnal appurtenance. Thc SMA identifies garages decks, driveways, utilities, fences, septic tanks and drainfields as nonnal appurtenances, but it also gives the local jurisdiction the authority to add other items. The SMA also identifies grading less than 250 cubic yards as a nonnal appurtenance to a single family home. However, in many cases a single family home will require greater than 250 cubic yards of grading, which includes any importing, exporting, and onsite movement of material. This apparent conflict in the SMA has been clarified by Department of Ecology staff: as long as the dirt being moved is a result of excavation necessary for such things as the footings, foundations, or retaining walls of a residence and the excavated material is being removed from the regulated shoreline area, then the development of a single family home is exempt from the pennit requirement. The City's SMMP should include this clarification and have it reflected in the supporting development regulations. VII. ESHB 1724 - REGULA TORY REFORM As mentioned above, additional amendments to the SMA were anticipated in 1997, many of which were intended to respond to the legislative requirements ofESHB 1724 Regulatory Refonn. Since that did not occur the items specific to ESHB 1724 are few. The City adopted provisions to enact ESHB 1724 last year which specify permit process procedures and requirements. The one item that should be included is that the appeal period for appealing a decision on a shoreline permit has been changed from 30 days to 21 days. VIII. GMA Under the Growth Management Act the goals and policies of a shoreline master program are considered as an element of the City's comprehensive plan. This update of the SMMP has been reviewed relative to land use and shoreline policies of the comprehensive plan and it appears that the revisions and updates are consistent with the plan. It is not required that the SMMP be incorporated directly into the comprehensive plan; a simple reference to the SMMP is sufficient. It should also be noted that the adoption process for an updated SMMP is separate from the comprehensive plan amendment process. 6 MEETING DATE: November 17, 1998 ITEM# ï7TT a-J ............................................................................................................................................................. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1998 Final Biennium Budget Adjustment ............................................................................................................................................................... CATEGORY: 1998 BUDGET IMPACT: $2,371,567 _CONSENT _X_ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ............................................................................................................................................................... ATTACHMENTS: Ordinance and budget adjustment exhibit A. ............................................................................................................................................................... SUMMARY /BACKGROUND: This is an ordinance to adjust the 1998 budget for year end budget adjustments. Many of these adjustments are housekeeping in nature as they have been previously approved by Council. ............................................................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the 1998 Final Biennium Budget Adjustment. ............................................................................................................................................................... CITY MANAGER RECOMMENDATION: Approve the first reading of the ~~.~. ~~ .~:~ ~~. ~ ~ ~: ~ ~. ~~~ ~~.~ ~~~. .~.~ ~~ ~ ~.~:.........................~. ~ . g............................... .... APPROVED FOR INCLUSION IN COUNCIL PACKET(j]¥) (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLED/DEFERRED/NO ACTION COUNCILBILL# .:z °à.. 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # ............................................................................................................................................................... \ ClTY8F ~ . :. ~~ : ECERAL ~~ FrY' MEMORANDUM Date: To: From: Subject: ¡9rg ßu.vl5'4+ /J,;)wrt~--t Action Requested: ,/- Accept th8-MsAIAly FiAanaial Rs3eFt and forward to the November Council meeting for approval. Committee Chair: APPROVAL OF COMMITTEE REPORT Mary Gates '7/}Af ~ Committee Member. Jeanne Burbidg Committee Member. Linda KOChma~ y----- tfG. JI¡~ù~ ~~ERAL ~~ AY" September, 1998 Monthly Financial Report Graph 1 Fund Balance Composition $12 Million UnreselVed 26.0% SWM 7.9% P3/lntfnd Loans 2.6% Police 4.9% TABLE OF CONTENTS Introduction 1-2 Snow & Ice 0.8% Revenues 3-8 9-13 13-15 16 Solid Waste 3.0% Expenditures Capital Investments Attachment A Strategic Resv 16.7% Designated 0.3% Debt Svc 37.8% 7he Monthly Financial Report (MFR) is intended to provide an overview of financial activity that have taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste, 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 September for the years 1994 through 1998. SUMMARY Overall, operating revenues $25,887,910 are above the monthly budget projection of $23,831,259 as of September 1998, and operating expenditures $21,752,801 are also within the anticipated budget expenditures $21,922,048 for the period. The above results in the City's operating funds having a projected increase in fund balance of $2,225,899 as of the end of September, 1998. Of this amount $1,097,899 is related to Utility taxes and REET which are for the payment of debt service. . REVENUES The City has collected $25,887,910 or 74.0% of the annual operating budget ($34,975,604) thru September. Operating revenues have grown $3,122,236 or 13.7% compared with activity through September 1997 ($22,765,674) 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 $973,968 or 119.1% (Attachment A reflects an estimated accrual for September 1998). In addition, fines and forfeitures are exceeding budgetary projections by $121,266 or 24.0%. State-shared revenues are exceeding budgetary estimates by $410,954 or 11.8%. Local criminal justice sales tax to date of $904,726 is exceeding the estimated revenues ($771,134) by $133,592 or 17.3%. Liquor Profits collected ($404,650) are above budgetary estimates ($307,539) by $97,111 or 31.6%. Equalization is exceeding estimated revenues ($120,255) by $70,796 or 58.9%. I./..G. .. DRAFT !f/w9P- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1997-98 BIENNIAL BUDGET (AMENDS ORDINANCE 96-278 AND ORDINANCE 97-289 AND ORDINANCE 97-294 AND ORDINANCE 98-314). WHEREAS, certain revisions to the 1997-98 Biennial Budget are necessary; and WHEREAS, these revisions are a result of the final biennium budget adjustment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 98-314, Section 1, is amended to adopt the revised budget for the years 1997-98 biennium in the amounts and for the following purposes: Section 1. 1997-98 Biennial Budget. That the budget for the 1997-98 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ("1998 Revised Budget"). Section 2 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 other persons or circumstances. ORD.# ,PAGE 1 Section 3 Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4 Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ie \FIN\BIENNIAL \ORDINANCE\ \98YNIJO RD.. ORD ORD.# , PAGE 2 CITY OF FEDERAL WAY FINAL BIENNIUM BUDGET ADJUSTMENT OCTOBER,1998 CM Contingency: PAA Area Study Wetland Inventory Sign Code Enforcement Half-Time Intem Extra Help - Peak Permit Activity - Building/Planning Extra Help - Peak Permit Activity - Public Works Legal Defense on Adult Retail Use Reduction in Web Page Development Geneml Fund: Extra help in peak permit activities - Public Works Human Svs Combined Giving Campaign & Enchanted Parks donations Police Contracts Public Safety-WA Traffic Safety Commission Grant Public Safety Expenditures-funded with revenues Public Safety Asset Seizure - funded with Seizure Revenues Education Assistance Street Fund: Increase help in peak permit activities Expedited Plan Review Services - funded with revenues Surface Water Management: Transfer to SWM CIP for Belmore Construction City-Wide CIP: Transfer to Parks CIP-Celebration Park Lighting Budget Account Correction - TIB Grant for Streets CIP Parks CIP: Celebration Park - Increase Lighting (funded w/Downtown Rev Interest) Open Space - Appropriate King County Interest SWM CIP: SeaTac Mall Phase I Belmore Project Appropriate mitigation fees - Starlake Road Project Lakota Adopt A Creek Program - US Dept of Fish & Wildlife Grant Traffic CIP: S 336th-13th Ave to 18th - Mitigation Fees Military Road & Star Lake - Mitigation Fees S 373rd Hylebos Bridge Rehab - Streets CIP Transfer Unallocated Fund Balance to Streets CIP Reduce Capital - (funding from Unallocated not needed) Reduce Capital - (funding from Arterial Streets not needed) $7,000 50,000 12,000 72,266 27,972 20,000 (7,000) 27,972 24,368 200,000 5,864 101,812 - 85,991 3,444 $27,972 96,455 $176,560 $65,000 (201,900) $65,000 29,001 176;560 5,972 8,715 $8,846 5,197 10,824 153,725 (65,958) (69,831) Street CIP: Correction to Carryforward - shown in adopted budget SR 99 Improvements, S 31Oth to S 324th HOV Lanes - ISTEA Grant S 312th StlSR 99 to 23rd Ave S - TlB Grant S 356th St SR 99 to 1st Ave - Mnigation Fees SW 336th, 21st to 26th SW - Mnigation Fees ROW 23rd Ave S, S 317th to S 326th - Mnigation Fees S 32Oth St & Highway 99 Intersection - Mnigation Fees SW 34Oth & Hoyt Street - Mitigation Fees ROW 23rd Ave S, S 317th to 326th - reallocated from Street CIP ROW 23rd Ave S, S 317th to 326th - reallocated from Traffic CIP ROW 23rd Ave S, S 317th to 326th - TIB Grant S 304th & Milnary Road - Mnigation Fees S 304th & Military Road - Traffic CIP S 304th & Military Road - Arterial Streets S 32Oth St & Highway 99 - ISTEA Grant S 32Oth St & Highway 99 - TIB Grant SW 312th St & 14th Ave Ped - Street Operations S 356th St SR 99 to 1st Ave - reduce capital - return to unallocated Management Information Systems: Dial out communications server (funded wnh replacement reserves) Office printers & fax machines (funded with replacement reserves) Payroll Benefits: Transfer to General Fund - Close out fund to reduce number of funds 2% for the Arts: Additional Arts funding - Celebration Park Impact/Mitigation: Transfer to various CIP projects - Close out fund to reduce no. of funds ($310,537) 665,675 1,455,694 29,134 4,496 14,380 33,445 90,742 273,093 170,566 418,983 91,481 90,000 43,000 57,000 201,900 56,000 (54,567) $3,200 19,548 $23,153 $22,989 $564,557 98 Ordinance EXHIBIT A 1998 REVl8ED BUDGET / Exø:endltures& Otherlhos Fund Balan.e -'Ii¡~lf .. C".pge In A~i:::::;:nt ReVIsed ~;,"!l.-:: Exþendltu,. Revised Roservedl Fund Budget AdJ-.", Budget Unreserved General Fund $ 26.748.548 $ - $ 241.188 26.989.736 $ 25.354.944 $ 421.479 $ 25.776,423 $ 1.213.313 5pecial Revenue Funds: Street 3.255.217 124,427 3.379.644 3.255.217 124,427 3.379.644 Arterial Street 2.295,401 2.295,401 2.295,401 (69.831) 2.225.570 69.831 Utility Tax 4.794.057 4.794.057 3.774.159 3.774.159 1.019.898 Solid Waste/Recycling 666.003 666.003 295.914 295.914 370.089 Special Contract/Studies 132.125 132.125 132.125 132.125 Snow & Ice 183.575 183.575 83.575 83.575 100.000 2% for the Arts 133.077 22.989 156.066 133.077 22.989 156.066 Grants-CDBG 241.598 241.598 241.598 241.598 Paths and Trails 12.907 12.907 12.907 Surface Water Management 4.114.919 4.114.919 3.274.780 176.560 3.451.340 663.579 Impact Fee 362.607 250.895 613.502 8.597 564.557 573.154 40.348 Strategic Reserve 1.831.588 1.831.588 131.588 131.588 1.700.000 Airport Strategic Reserve 300.000 300.000 300.000 Debt Service Fund Regular 6.291.097 2.658.248 8.949.345 3.962.207 448.963 4,411.190 4.538.155 1995 Transportation Bond 2.576.117 (2.576.117) 1.028.153 (1.028.153) 1997 GO Bond 2.550.519 (2.550.519) 1.889.218 (1.889.218) CaDital Pro"eet Funds: City Facilities 7.983.104 (1.36.900) 7.846.204 7.983.104 (136.900) 7.846.204 Park$ 9.232.153 170.574 9.402.727 9.218.191 94.001 9.312.192 90.535 SWM 6.913.551 191.398 7.104.949 6.769.500 191.247 6.960.747 144.202 Traffic 1.473.712 (3,426) 1,470.286 1,427,483 42.803 1,470.286 Streets 5.876.727 3.803.536 9.680.263 5.805.848 3.330,475 9.136.323 543.940 Enterprise Fund: Dumas Bay Centre 2.634.066 2.634.066 2.591.146 32.247 2.623.393 10.673 Internal Service Funds: Risk Management 1.726.811 1.726.811 686.554 686.554 1.040.257 Information Systems 2.533.898 2.533.898 1.478.474 22.748 1.501.222 1.032.676 Support Services 252.226 252.226 172.765 172.765 79,461 2.012.775 2.012.775 963.400 963.400 1.049.375 9s 1.299.694 1.299.694 484.193 484.193 815.501 Pavr 65.153 65.153 42.000 23.153 65.153 GIiI"d rotal All Funds .t.R....'t~25 $0 $2,198,293 $100,689,518 $63,483,211 $2,371,567 $85.$54,778 $ 14,834,740 ~.Jj;Jj; !~~g.I?~:r.Jj; :..~~~~~~~~}?~}??~.. ITEM # m'YJI.....@:}m ............................ CITY OF FEDERAL WAY City Council AGENDA ITEM ..~ :r!.~~ Ç!.:... ~ ~.I:)'p' ~~~ ~.!.?? ?~.~. ~ ~ ~.... ç~ ~. ~.~ ~¥.. ~!....................... m .m................................... CATEGORY: BUDGET IMPACT: $44,447,651 - 1999 $46,539,673 - 2000 CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ................................................ ".."'."..""""""'.."""""""""""""""""'."""""...""."."".""."."". ................................. ........................................... ATfACHMENTS: Draft 1999-2000 Budget Ordinance. ............................................................. ................................................................................................................................................................................................. SUMMARYIBACKGROUND: The City Manager has submitted the City's proposed 1999-2000 budget to the City Council for consideration. The Council has previously held the required public hearings allowing for citizen comment on the proposed budget document. This is the introduction reading on the proposed ordinance. .....m........................................................................................... .................................... ................................ .................................. ................................... ......................................... CITY COUNCIL COMMITTEE RECOMMENDATION: N/A :t~~:f=~~:~~::~~~~¡;:Ci;~~~'~~' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED DENIED _TABLED/DEFERRED/NO ACTION COUNCIL BILL # ~o 3) 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CCCOVER-5n4/94 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 1999-00 BIENNIAL BUDGET. WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 1999-00 fiscal biennium have been prepared and filed as provided by the laws of the State of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating that all taxpayers calling at the Office of the City Clerk would be furnished a copy of the budget; and WHEREAS, the City Council of the City of Federal Way, having held a public hearing on the budget on November 3, 1998, and having considered the public testimony presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD. # , PAGE 1 DRAFT Section 1. 1999-00 Biennial Budget. That the budget for the 1999-00 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibits A and B ("1999 and 2000 Adopted Budgets"). Section 2. Administration. The City Manager shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective January 1, 1999. ORD. # , PAGE 2 DRAFT PASSED by the City Council of the City of Federal Way this day of , 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: 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. K:\FIN\BIENNIAL\ORD\BUDGET99.WPD ORD. # , PAGE 3 Fund General Fund Special Revenue Funds: Street Arterial Street Utility Tax Solid Waste/Recycling Special Contract/Studies Snow & Ice 2% for Arts Grants - CDBG Paths and Trails Surface Water Management Impact Fee Strategic Reserve Airport Strategic Reserve Debt Service Fund Capital Project Funds: Capital Project-City Facilities Capital Project-Parks Capital Project-SWM Capital Project-Traffic Capital Project-Streets Enterprise Fund: Dumas Bay Centre Internal Service Funds: Risk Management Data ProcessingfTelecom/GIS Support Services Fleet & Equipment Buildings & Furnishings Grand Total All Funds EXHIBIT A 1999 PROPOSED BUDGET REVENUES EXPEND/TURES FUND BALANCE Proposed Proposed Reserved! Budget Budget Unreserved $25,549,436 $23,031,140 $2,518,296 3,168,312 3,168,312 0 1,540,936 1,540,936 0 6,990,004 4,023,425 2,966,579 611,531 255,882 355,649 3,501 0 3,501 155,076 55,076 100,000 0 0 0 652,306 652,306 0 21,950 0 21,950 4,223,998 2,971,003 1,252,995 404,155 0 404,155 1,800,000 100,000 1,700,000 300,000 0 300,000 9,060,637 4,458,481 4,602,156 5,095,375 0 5,095,375 13,957 0 13,957 4,089,433 1,145,384 2,944,049 46,229 0 46,229 381,416 0 381,416 649,007 594,639 54,368 1,762,723 622,467 1,140,256 2,249,627 902,293 1,347,334 218,791 110,168 108,623 2,095,175 370,096 1,725,079 1,318,254 446,043 872,211 $72,401,829 $44,447,651 $27,954,178 Fund General Fund Special Revenue Funds: Street Arterial Street Utility Tax Solid Waste/Recycling Special Contract/Studies Snow & Ice 2% for Arts Grants - CDBG Paths and Trails Surface Water Management Impact Fee Strategic Reserve Airport Strategic Reserve Debt Service Fund Capital Project Funds: Capital Project-Utility Tax Capital Project-Parks Capital Project-SWM Capital Project-Traffic Capital Project-Streets Enterprise Fund: Dumas Bay Centre Internal Service Funds: Risk Management Data ProcessingfTelecom/GIS Support Services Fleet & Equipment Buildings & Furnishings Grand Total All Funds EXHIBIT B 2000 PROPOSED BUDGET REVENUES EXPENDITURES FUND BALANCE Proposed Proposed Reserved! Budget Budget Unreserved $25,533,324 $22,985,519 $2,547,805 3,293,898 3,293,898 0 1,548,979 1,548,979 0 7,788,624 4,186,456 3,602,168 610,663 253,848 356,815 3,501 0 3,501 155,052 55,052 100,000 0 0 0 68,869 68,869 0 31,117 0 31,117 4,472,664 4,080,354 392,310 419,155 0 419,155 1 ,800,000 100,000 1,700,000 300,000 0 300,000 9,204,160 4,612,159 4,592,001 5,095,375 0 5,095,375 13.957 0 13,957 5,234,573 2,240,524 2,994,049 46,229 0 46,229 381,416 0 381,416 670,253 615,885 54,368 1,876,365 636,109 1,240,256 2,588,558 917,358 1,671,200 252,940 114,312 138,628 2,551,184 381,558 2,169,626 1,410,056 448,793 961,263 $75,350,912 $46,539,673 $28,811,239 ..l\:1.I':I':!.~.l'I.~.J>..~!I':.:....l'I()~~~.~.~.~}?~...1.~?~........................ ..................~!.~.l\:1~~a2.... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Proposed 1999 Property Tax Rate ....................................................................................................................................................................................................... ................................................ CATEGORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................... ATIACHMENTS: Draft 1999 Property Tax Rate Ordinance ................................................. ............................................ .......................................................... ............................... .................................. ................................. SUMMARYIBACKGROUND: The City Council must establish the property tax rate for the year 1999. .!~~~..i.~..ÍÞ..~i.ll.tr..q~\!.~!i9..I1J.e.!I:~i.ll.g..().n...!~e.P~()P9..s.~.~..()r~.iI1.~~e.:............................... ........................................................................ ..... ........................... .................................................... ........................................ ............................................................................................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: N/A ................................................... ................................................................................................ ................................. §,;~::::F;;:fJf:;;;::~C~:~;:'~'!J:ø¡::'Ofili'::: (BELOW TO BE COMPLETED BY C/lY CLERK'S OFFICE) COUNCIL ACTION: COUNCIL BILL # ...< 6 f- 1st Reading Enactment Reading ORDINANCE # RESOLUTION # _APPROVED DENIED TABLED/DEFERRED/NO ACTION CCCOVER-,n4/94 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 1999. WHEREAS the City Council of the City of Federal Way has met and reviewed its budget for the 1999/00 biennium; and WHEREAS the City Council, in the course of considering the mid-biennium budget adjustment has reviewed all sources of revenue and examined all anticipated expenses and obligations for the 1999 calendar year; and WHEREAS the City Council has determined that, in order to provide the continued basic service for the City of Federal Way general governmental services, the City Council finds that there is a need to increase the regular property tax limit factor according to the July-June Seattle/Everett CPI-W instead of the U.S. Personal Consumption Implicit Price Deflator; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Federal Way that the limit factor for the regular levy for the calendar year 1999 shall be 102.5% plus an additional 1.2% for the increase in assessed value resulting from new construction for a total of 103.7%. ORD. # , PAGE 1 DRAFT Section 1. ~. There shall be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal tax for the year 1999 for the purposes of paying the general expenses of municipal government in the amount of $6,667,000. Section 2. 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 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 be effective January 1, 1999. PASSED by the City Council of the City of Federal Way this day of , 1998. CITY OF FEDERAL WAY ORD. # , PAGE 2 MAYOR, RON GINTZ ATTEST: 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. K:\FIN\BIENNIAL\ORD\TAXLEVYB.WPD ORD. # , PAGE 3 ...~:".I!:.!~~~..J?i\..!I!:.:..I:'.':":.~~~.~!..~?'.J~~.~..........................................~!I!:~.~......~.~/... .. ""'........................................ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1998 COMPREHENSIVE PLAN AMENDMENTS . ...... ............... ..... ............. ....... .................... .................. ......................... ............ ...... .............. ............. .......... ...... CATEGORY: BUDGET IMPACT: - CONSENT X-ORDINANCE BUSINESS HEARING FYI - RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..................... ... ... ... ....... ............. ..... .............. ................. ................ ..... ................................. ................. ......... .......... ......................... ATTACHMENTS: November 9, 1998 Staff Report with Exhibits A through I (Exhibits A through D are located ...i ~.. t~~.. ~~~..I3. i.tl~.~!!:.. .............. ......................... ................. ..... ........ ........................... ............ ......... ..... ... ......... ......... .............................. ..... SUMMARY/BACKGROUND: This is the first update since the comprehensive plan was adopted in November 1995. Accompanying proposed updates to the comprehensive plan (Exhibit A) are proposed changes to Federal Way City Code (FWCC), Chapter 20 -- Subdivisions (Exhibit B) and FWCC, Chapter 22 u Zoning (Exhibit C) to provide consistency between the Transportation sections ofthe Comprehensive Plan and transportation-related sections in the Subdivision and Zoning Codes. There are also a number of land use and transportation specific requests which are located in Exhibit D. The planning commission conducted its first public hearing on the comprehensive plan update on May 6, 1998. The hearing was then continued to four subsequent meeting dates concluding on July I, 1998 at which time, the planning commission by a majority vote of the entire membership, recommended that the city council adopt ..~~~.~rn..~I~~.~~.tlt.s..t.~..t~=..~?rn..P.r.~~.=~.~i.".~..p'I~.tl..~~..~~.~?~~~.Il~~.~:............................................................................. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the planning commission's recommendation during public meetings on August 17, 1998 and four subsequent meetings ending on November 2, 1998. At the November 2, 1998 meeting, the LUTC made a motion to forward the comprehensive plan on to the full council for first reading on November 17, 1998 accompanied by responses to certain follow-up requests which are ..~~.~~=.ss~~. ill ..t~~..st~E~~.~p.~.~:........ ..................................................... ........ ............. ...... ...... """'" ................ .............. ~f:f;~~~~~i~~:;;f~~j¡oon~~~~O~;~'I~~/l1¡ðI~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLEDIDEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # ~c~, CITY OF FEDERAL WAY MEMORANDUM November 9, 1998 FROM: Mayor and City Council Members Gregory D. Moore, AICP, Director of Community Development services#, fcJ</ Þ" Margaret H. Clark, AICP, Senior Planner ('1\\\1. TO: SUBJECT: 1998 Comprehensive Plan Update I. BACKGROUND This is the first update since the comprehensive plan was adopted in November 1995. Accompanying proposed updates to the comprehensive plan (Exhibit A) are proposed changes to Federal Way City Code (FWCC), Chapter 20 -- Subdivisions (Exhibit B) and FWCC, Chapter 22 n Zoning (Exhibit C) to provide consistency between the Transportation sections of the Comprehensive Plan and transportation-related sections in the Subdivision and Zoning Codes. Please note that only copies of those chapters with planning commission changes have been included in Exhibit A.' There are also a number of land use and transportation specific requests which are located in Exhibit D 2 The changes and updates to the comprehensive plan can be divided into the following categories: 1. Updates to Chapters. Chapters of the Comprehensive Plan are being updated based on: (a) Input from various outside agencies or city departments. (b) As a result of changed conditions, such as the change in city population; (c) To improve the wording of a sentence or paragraph; (d) To respond to the March 8, 1996 letter from the Washington State Dcpartment of Community, Trade and Economic Development (DCTED) (Exhibit E). 'If you would like copies of the other chapters where no changes are being proposed, please contact Senior Planner Margaret Clark at (253) 661-4111. 'Exhibits A-D can be found in the red binder and the remaining Exhibits E through I are attached to this memorandum. 2. Update to Maps A number of maps have also been updated to reflect changes in the text. 3. Comprehensive Plan Designations for proposed annexation areas. The Weyerhaeuser Corporation has requested pre-annexation comprehensive plan and zoning designations for two areas that they would like annexed to the City of Federal Way, These requests are summarized as follows and more fully discussed in Exltibit D. Site Specific Request #1 -- Weyerhaeuser/Federal Way Fire Department Request Location: Proponent: Request: Parcel I - north of S. 320'" Street and east of 1-5 Weyerhaeuser Company and Federal Way Fire Department Pre-annexation comprehensive plan designation and zoning for 19.2 acres as Multifamily and RM 3600 (Multi-family -- I unit/3600 sq. ft.) respectively. Planning Staff Recommendation: Establishment of pre-annexation Multifamily Comprehensive Plan designation and RM 3600 zoning. Planning Commission Recommendation: Concur LUTC Recommendation: Concur Site Specific Request #3 -- Weyerhaeuser Request Location.' Proponent: Request: Parcel 2 - North ofHwy. 18 at about 38'" Ave. S. Weyerhaeuser Company Pre-annexation comprehensive plan designation and zoning for 18.42 acres as Single Family High Density and RS 9.6 (Single Family n I unit/9,600 sq. ft.) respectively Planning Staff Recommendation: Establishment of preannexation Single Family High Density Comprehensive plan designation and RS 9.6 zoning. Planning Commission Recommendation: Concur LUTC Recommendation: Concur 4. Site-specific Comprehensive Plan Changes The City received five requests for a change in the comprehensive plan designations and zoning of property, One of the requests, Site Specific Request #2, was withdrawn by the applicant prior to the planning commission making a recommendation on the request. These requests arc summarized as follows and more fully discussed in Exltibit D. 2 Site Specific Request #4 -- Weyerhaeuser Request Location: Proponent: Request: Planning Staff Recommendation: Parcel 2 - North ofHwy. 18 at about 38'" Ave. S. Weyerhaeuser Company Comprehensive Plan amendment for 20 acres from Office to Single Family High Density and rezone from OP-I u Office Park 1 to RS 9.6 (Single Family -- 1 unitl9,600 sq. ft.) Support the comprehensive plan redesignation from Office to Single Family High Density and rezone from Office Park 1 to RS 9.6 zoning Planning Commission Recommendation: Concur LUTC Recommendation: Concur Site Specific Request #5 -- Waremart Request Location: Proponent: Request: Planning Staff Recommendation: Northwest corner of 1st Way South and Campus Drive City of Federal Way (per concomitant agreement dated July 26, 1990) Comprehensive Plan Amendment for 14 acres from Neighborhood Business to Community Business and rezone from BN -- Neighborhood Business to BCu Community Business to be consistent with concomitant agreement Support the request for a comprehensive plan amendment from Neighborhood Business to Community Business and rezone from BN - Neighborhood Business to BC - Community Business Planning Commission Recommendation: Concur LUTC Recommendation: Concur Site Specific Request #6 -- Barovic Request Location: Proponent: Request: Planning Staff Recommendation: 35929 Pacific Highway. S. Donald Barovic Comprehensive Plan Amendment for 14.21 acres from Single Family Low Density to Single Family High Density and Rezone from SE (Suburban Estates n 1 unitl5 acres) to RS 5.0 (Single Family u I unitl5,000 sq. ft.) Retain the Suburban Estates comprehensive plan designation and zoning on the site 3 Planning Commission Recommendation: LUTC Recommendation: Support a change to Single Family Medium Density and RS 35.0 (J unit/35, 000 sq. ft.) zoning. This recommendation is for the larger area in the vicinity of Mr. Barovic's property presently designated Single Family Low Density Retain the Suburban Estates comprehensive plan designation and zoning on the site Site Specific Request #7 -- Lovegren Request Location: Proponent: Request: Planning Staff Recommendation: East of Pacific Highway South and west of Gethsemane Cemetery at the King/Pierce County line W. B. Lovegren Comprehensive Plan Amendment for 0.64 acres from Single Family Low Density to Commercial and Rezone from SE (Suburban Estates --- 1 unitiS acres) to a commercial zoning designation Retai!, the Comprehensive Plan designation of Single Family Low Density and zoning of SE (Suburban Estates --- 1 unitiS acres) Planning Commission Recommendation: Support a change in comprehensive plan designation and zoning from Single Family Low Density to Business Park to allow consistency with zoning to the south in Pierce County LUTC Recommendation: Support a change to the comprehensive plan designation and accompanying zoning classification of Neighborhood Business with a Development Agreement which would restrict the uses on the site and tailor development standards to allow only those uses presently allowed in the Neighborhood Business zone which would be compatible with and not adversely affect the Hylebos Creek drainage system. 5. Transportation Site Specific Requests Three site specific requests for modification to the existing street system network were received. These are summarized below and more fully discussed in Exhibit D. Site Specific Request T1 Proponent: Request: Larry Draper, Courtyard Development Delete the proposed extension of SW 342nd Place between the proposed extension of 19th Place SW and 21st Avenue SW. The applicant desires to construct a 300-unit senior housing complex on the west side of the extension of 19th Place SW directly 4 Traffic Division Recommendation: Planning Commission Recommendation: LUTC Recommendation: Site Specific Request T2 Proponent: Request: Traffic Division Recommendation: Planning Commission Recommendation: LUTC Recommendation: Site Specific Request T3 Proponent: Request: south of Twin Lakes Fred Meyer and north of the proposed Federal Way #2 Park and Ride lot Support the request. Concur Retain the proposed street connection Dan Sheridan Delete the proposed alignment of the extension of South 308th Street between 5th Place South and 8th Avenue South. The property owner had the property for sale and the disclosure of this street extension had the effect of discouraging buyers from considering the property Retain the proposed street alignment Concur Concur City of Federal Way The City proposes to reconfigure the network of collectors in and around Celebration Park to maximize the use of the existing street network. The proposal includes the following: I. Connect South 333rd Street from the west side of Celebration Park to ]3th Place South as a three-lane principal collector 2. Extend 13th Place South from its current terminus at the proposed extension of South 333rd Street to the intersection of 11 th Place South at South 324th Street as a three-lane principal collector 3. Reclassify 8th Avenue South between South 333rd Street and 9th Avenue South as a two-lane minor collector 4. Reclassify 9th Avenue South between South 333rd Street and 8th Avenue South as a three-lane principal collector 5. Delete the proposed principal collector from the intersection of 8th A venue South at 9th A venue South to the intersection of 13th Place South and South 333rd Street 5 Traffic Division Recommendation: Planning Commission Recommendation: LUTC Recommendation: Support the Request Concur Concur II. REASON FOR COUNCIL ACTION Pursuant to FWCC. Article IX Process VI Review, any amendments to the comprehensive plan, comprehensive plan designations map, or zoning text must be approved by the City Council based on a recommendation from the planning commission. III. PLANNING COMMISSION RECOMMENDATION As shown in Section V -- Procedural Summary of this staff report, the planning commission conducted its first public hearing on the comprehensive plan update on May 6, 1998. The hearing was then continued to four subsequent meeting dates concluding on July I, 1998. After conclusion of the hearings on July I, 1998, pursuant to FWCC, Section 22-535, the planning commission considered the proposed amendments in light of the decisional criteria outlined in Section VI of this report and by a majority vote of the entire membership, recommended that the city council take the following action: (i) Adopt the amendments to the comprehensive plan as shown in Exhibit A3 (ii) Adopt the amendments to FWCC, Chapter 20 -- Subdivisions as shown in Exhibit B3 (iii) Adopt the amendments to FWCC, Chapter 22 -- Zoning as shown in Exhibit C.3 (iv) Approve the comprehensive plan designations for the two proposed annexations as outlined in Section 1(3) of this staff report under Planning Commission Recommendation.' (v) Approve the comprehensive plan designations for the site specific requests as outlined in Sectionl( 4) of this staff report under Planning Commission Recommendation.' (vi) Approve the transportation site specific requests as outlined in Section 1(5) of thiö staff report under Planning Commission Recommendation.' 3The planning commission recommendations are shown as ~ (deletions) and underlined (additions). 4 A full analysis can be found in Ex/¡ibit D of the Red binder. 6 IV. LAND USEffRANSPORTATION COMMITTEE RECOMMENDATION The LUTC discussed the planning commission's recommendation during public meetings on August 17, 1998. September 14, 1998, September 21, 1998, October 5, 1998, October 19, 1998 and November 2, 1998. At the November 2, 1998 meeting, the LUTC made a motion to forward the comprehensive plan on to the full council for first reading on November 17, 1998 accompanied by responses to the following requests for follow-up (Language from the comprehensive plan is shown in a smaller font. Additions are indicated by Double Underline and Italics and deletions by ~ (mil Rediitre): 1. Chanter 1 No follow-up requested. 2. Chapter 2 Since the 1995 initial adoption of the Comprehensive Plan, the City adopted a code amendment defining essential public facilities and setting up a process for siting these public facilities. As a result, certain changes are being proposed to Section 2.9 -- Essential Public Facilities (page 11-39) to reflect these changes. The LUTC had a question about what was considered essential public facilities. The following State and City definitions of essential public facilities are being provided in response: (i) Copy of RCW 36. lOA. 200 ---Siting of Essential Public Facilities (Exhibit F). RCW 36. lOA. 200, Section 3 states that "(/) The comprehensive plan of each county and city that is planning under this chapter shall include a process for identifying and siting essential public facilities. Essential public facilities include those faci/ities that are typically difficult to site, such as airports, state educationfaci/ities and state or regional transportation facilities as defined in section 1 of this act state and local correctionalfacilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes. (2) The office offinancial management shall maintain a list of those essential state public faci/ities that are required or likely to be bui/t within the next six years. The office of financial management may at any time addfacilities to the list. No local comprehensive plan or development regulations may preclude the siting of essential public facilities. " Section 7 was a new section added during the 1998 legislative session. A copy of this new section 7 is attached as Exhibit G. This section lists the types of transportation facilities and services considered to be of statewide significance. The list of essential public facilities referenced above is actually the State of 7 (ii) 3. Chanter 3 Washington Capital Budget 1997-1999.' Pages 1336.1 and 1336.2 of FWCC Chapter 22 on which a definition of Essential Public facility is found (Exhibit H), The following changes were made in response to LUTC questions ,!nd comments: (i) (ii) (iii) (iv) 4. Page 1lI-69 -- W", k "itil /he &11001 Bi", ietM ".{¿¡MUM alld ðf'e, a.'< a 3)3."", "[3a1' 3<11001 .,a<kill?;, 0"1e3. Facilitate the School District's desi~lIatian of a svstem af safe schaal walkin~ routes and where oossible make caoital budf!et decisions that suooort such a svstem. Page 1lI-87 -- 'A'6'1- ~ The target levels of mode split (share) to transit and HOV's it! ifì:tfi. for planning purposes should be: Page 1lI-97 -- The Roundtable "il{ ee,I,e"e briMs to~ether key caITiers, producers, and consumers, as well as nationally recognized consultants on the topic. Page 1lI-99 -- Since the City also has modest growth expectations over the next six years, the proposed transportation improvement program for ~ 1998-2004 is expected to maintain ~ existiM levels of service on the arterial system. Chapter 4 -- Economic Develonment and Chanter 5 -- Housine No changes were proposed as part of this year's update. 5. Chanter 6 No follow-up requested. 6. Chanter 7 (i) The LUTC requested staff to research the reason why Policy CCP41 (page VIl-24) was being recommended to be deleted. The following summarizes the results of this research: The Downtown Parking Zoning Code Amendment was approved by the City Council on June 17, 1998. In part, this code amendment provided that for the City Center Core or City Center Frame, the number of parking spaces may be reduced by up to 20 percent if accompanied by an approved traffic demand management plan which includes transportation demand management options such as, but not limited, to private vanpool operation, transiVvanpool fare subsidy, preferential parking for carpools/vanpools, flexible work-hour schedules, participation in a ride-matching 'This Capital Budget is a bulky document which has not been included in the staff report. It is available for review in the Community Development Services Office. 8 program or bicycle parking facilities. This code amendment also allowed the reduction in the City Center Core or City Center Frame if the use in question for which a reduction was being requested was located adjacent to a public street classified to allow on-street parking and the applicant made a one-time contribution to a City fund established to fund development of on-street parking. Parking could also be reduced in the City Center Core and Frame by up to 20 percent if a parking study pursuant to city code was provided and approved. Based on this code amendment, Policy CCP41 no longer appeared relevant, and therefore, staff recommended deleting it. (ii) Under Section 7.4. Implementation (page VIl-26), the LUTC stated that implementation language was written in the future tense whereas accomplishments were written in the past tense. This was confusing and awkward. Staff was requested to address this possibly by separating out the two and adding a new section on accomplishments. This has been done and can be found on pages VII-26 through VIl- 29. The following change was made in response to LUTC comments (iii) Page VII-28 --Work with the transit providers to develop a detailed transit plan for the City Center. Identify facilities, services, acquisition strategies, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs, through rapid transit, express buses, ~ local service, andlor demand-responsive service. (iv) Page VIl-32 -- The LUTC questioned whether Figure VII-6 was for illustrative purposes only since, although it is intended to show the evolution of the city center in the year 2005, it does not show buildings constructed after the initial adoption of the comprehensive plan in 1995. For clarification purposes, staff was also requested to put the following wording on the map For Illustrative Purposes Only. Comfort Inn has been inserted in the correct location and the requested wording has been added. 7. Chaoter 8 No follow-up was requested. 8. Chapter 9 Page 4 -- The District antieivates comvletion of this vrOf!ram hv the end of+9981999. 9. Chapter 10 No follow-up was requested. 9 10. Glossarv of Terms and List of Acronyms No follow-up was requested. 11. Follow-un to Letters from Pullet Sound Re'lional Council. Washinl'ton State Denartment of Transnortation. and Kin!! CountvlMETRO Please refer to November 9, 1998 Memorandum from Traffic Engineer Rick Perez (Exhibit f). V. PROCEDURAL SUMMARY May6,1998 May 20, 1998 June3,1998 June 17,1998 July 1, 1998 August 17, 1998 Sept 14, 1998 Sept21,1998 October 5, 1998 October 19, 1998 Nov 2,1998 Planning Commission First Public Hearing Public Hearing Continued Public Hearing Continued Public Hearing Continued Public Hearing Closed; Planning Commission made a motion to forward their recommendations to the LUTC LUTC Meeting LUTC Meeting LUTC Meeting LUTC Meeting LUTC Meeting LUTC Meeting. The LUTC made a motion to forward the comprehensive plan amendments to the full council on November 17, 1998 for first reading. They requested staff to do some follow-up research as described above in Section IV. VI. DECISIONAL CRITERIA I. Section 22-524. Factors to Be Considered in a Comprehensive Plan Amendment The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: ( I) The effect upon the physical environment. The proposed amendments to update the chapters of the comprehensive plan and accompanying map changes will not affect the physical environment. An evaluation of 10 potential impacts to the environment as a result of both the non-project action and the project-specific requests was conducted and a threshold determination [Determination of Non-significance (DNS)] pursuant to th" State Environmental Policy Act (SEPA) was issued on May 4, 1998. (2) The effect on open space, streams, and lakes. The proposed amendments to update the chapters of the comprehensive plan and accompanying map changes will not affect open space, streams and lakes. An evaluation of potential impacts to the environment as a result of both the non-project action and the project-specific requests was conducted and a threshold determination [Determination of Non-significance (DNS)] pursuant to the State Environmental Policy Act (SEPA) was issued on May 4, 1998. The site specific requests include two annexation requests and four requests for comprehensive plan amendments. Some of the requests are for sites which contain environmentally sensitive areas. If the requests are approved, at the time that the sites are proposed for development, any potential adverse effects on open space, streams and lakes will be addressed through the review process. (3) The compatibility with and impact on adjacent land uses and ,'urrounding neighborhoods. The proposed amendments to update the chapters of the comprehensive plan and accompanying map changes will not impact adjacent land uses and surrounding neighborhoods, The site specific requests include two annexation requests and four requests for comprehensive plan amendments. These requests, if approved, will not be incompatible with nor should they impact surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. The Capital Facilities Chapter has been updated to address the adequacy of community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. Updating the comprehensive plan is of benefit to Federal Way neighborhoods, the City of Federal Way, and the region as existing information is being updated. This will provide a better basis for decision making. (6) The quantity and location of land plannedfor the propMed IlInd use type and den,\'¡ty and the demandfor such land. This update does not represent a substantial departure in land use within the existing city boundary. Population to be added if the proposed annexations are approved would result in approximately the same amount of population or less that could be accommodated within the unincorporated area in the absence of such annexations. II (7) The current and projected population density in the area. As of July I, 1998, the official city population from the Washington State of Office of Financial Management was 76,820. The present density is 3,590 people per square mile. No new population projections were done as part of the comprehensive plan update. Please also refer to response under (6) above. (8) The effect upon other aspects of the comprehensive plan. There should not be any adverse impacts on the comprehensive plan as a result of proposed changes. 2. Sec. 22-525. Criteria for amending the comprehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and Updating the comprehensive plan will result in better information for decision making purposes which has an indirect relationship to public health, safety and welfare. In particular, the transportation related changes are safety related. (2) The proposed amendment is in the best interest of the residents of the city. Please see response under (1) above. (3) The proposed amendment is consistent with the requirements of RCW 36. 70A and with the portion of the city's adopted plan not affected by the amendment. RCW Chapter 36. 70A, the Growth Management Act (GMA) requires all cities to adopt and implement comprehensive plans and to amend them in a timely manner but no more than once a year, except under certain circumstances. The City is responding to this mandate by updating the comprehensive plan. 3. Sec. 22-523. Zoning Text Amendment Criteria The city may amend the text of Chapter 22- Zoning only if it finds that: (i) The proposed amendment is consistent with the applicable provi.fions of the comprehensive plan; The amendments to the zoning text is being proposed in order to provide consistency between the Transportation sections of the Comprehensive Plan and transportation related sections in the Zoning Code. 12 (2) The proposed amendment bears a substantial relation to public health, safety and welfare; and The proposed amendments to the zoning text address only transportation or traffic-related issues. These changes will result in improved and safer access requirements, improve circulation in the city and address transportation projects to resolve high crash rate locations. (3) The proposed amendment is in the best intere,.t of the residents of the city. The proposed changes to the zoning text should reduce traffic related accidents, improve circulation and access and will be in the best interests of the residents ofthe city. VII. COUNCIL ACTION Pursuant to FWCC, Section 22-537(c), after consideration of the planning commission report and, at its discretion, holding its own public hearing, the city council shall by majority vote of its total membership take the following action: I. 2. 3. 4. Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Approve the proposal by ordinance; Modify and approve the proposal by ordinance; Disapprove the proposal by resolution; or Refer the proposal back to the planning commission for further proceedings. ¡fthis occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. Comprehensive Plan Text Amendments' Federal Way City Code, Chapter 20 Text Amendments' Federal Way City Code, Chapter 22 Text Amendments' Site Specific Requests for Changes to the Comprehensive Plan Designations and Transportation Site Specific Requests' March 8, 1996 letter from the Washington State Department of Community, Trade and Economic Development RCW 36.70A.200, Section 3 New Section 7 referenced in RCW 36.70A.200, Section 3 City of Federal Way definition of Essential Public Facility Response to Outside Agency Comments for the Comprehensive Plan Transportation- Related Amendments I:\COMPAMNDII I I 798.CClNovcmbcr 11),1998 'This Exhibit is located in the Red Binder. 13 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN CHAPTERS 20 AND 22 OF THE FEDERAL WAY CITY CODE, AND ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP. WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), a housing element, a capital facilities plan element, a utilities element and a transportation element (including transportation system map(s)); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its Comprehensive Plan; and WHEREAS, the Federal Way City Council adopted its Comprehensive Plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and WHEREAS, under RCW 36. 70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article IX, Chapter 22 of the Federal Way City Code ("FWCC"); and ,PAGE I ORD# DRAFT WHEREAS, in 1998 the City of Federal Way accepted applications for parcel- specific changes to Plan's land use and transportation system maps, and the City's zoning map, and considered amendments to the Plan's and development regulations' text; and WHEREAS, on May 4, 1998, the City SEP A Responsible Official issued a Determination of Non significance on the proposed map changes and Plan and development regulation text amendments; and WHEREAS, the Plan amendments address all of the goals and requirements set forth in the Growth Management Act; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed and considered the testimony, written comments and material from the public, in that: 1. the City's Planning Commission considered the requests for Plan land use map and transportation system map changes and for zoning map changes, and considered and the proposed Plan and development regulation amendments, at public hearings held on May 6, 1998 ,-May 20, 1998, June 3, 1998, June 17, 1998 and July 1, 1998, following which it approved and recommended adoption of certain map changes and Plan and development regulation amendments; 2. the Land Use and Transportation Committee of the Federal Way City Council conducted public hearings consisting of special meetings of the whole City Council on the requested map changes and on the Plan and proposed development regulation amendments on August 17, 1998, September 14, 1998, September 21,1998, October 5,1998, October 19, \998, and Nov 2, 1998, following which it recommended adoption of certain of the requested map ORD# ,PAGE 2 changes and denial of others, and recommended adoption of the Plan and development regulation amendments; and 3. the full City Council considered the matter at its meetings on November 17, 1998 and ; and WHEREAS, the City Council desires to adopt the Plan and development regulation amendments, and certain of the requested map changes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. A. The proposed amendments to the Comprehensive Plan, as set forth in Exhibit A hereto, reflect new or updated information, developed since the initial adoption of the Comprehensive Plan, on capital improvements, transportation system standards, and comprehensive plan policies. They therefore bear a substantial relationship to public health, safety, and welfare, are in the best interest of the residents of the City, and are consistent with the réquirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. B. The proposed amendments to the Comprehensive Plan land use and transportation system maps, as set forth in Exhibit D hereto, are compatible with adjacent land uses and surrounding neighborhoods, and will not negatively affect open space, streams, lakes or wetlands, or the physical environment in general. They will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections, and/or will allow reasonable use of property subject to constraints necessary to ORD # . PAGE 3 protect environmentally sensitive areas. They therefore bear a substantial relationship to public health, safety, and welfare, are in the best interest of the residents of the City, and are consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. C. The proposed amendments to the zoning map, and to the development regulations, as set forth in Exhibits B, C, and D hereto, are consistent with the applicable provisions ofthe comprehensive plan, bear a substantial relation to public health, safety and welfare, and are in the best interest of the residents of the City. Section 2. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, including its land use element map and transportation system maps, a copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibits A and D hereto, a copy of which is on file with the Office of the City Clerk and which documents are hereby incorporated by this reference as if set forth in full. Section 3. Development Regulations and Zoning Map Amendments Adoption. The development regulations of the City of Federal Way, specifically, Chapters 20 and 22 of the FWCC, are hereby amended as set forth in Exhibits B, C and D hereto, a copy of which are on file with the Office of the City Clerk and which documents are hereby incorporated by this reference as if set forth in full. Section 4. Amendment Authoritv. The adoption of Plan and development regulation amendments in Sections I and 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC 22-537. Section 5. Severabilitv. The provisions of this ordinance are declared separate ORD# -. PAGE 4 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 other persons or circumstances. Section 6. Savinl!s Clause. The 1995 City of Federal Way Comprehensive Plan, and Chapters 20 and 22 of the Federal Way City Code, shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. 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, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,1998. CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: ORD# , PAGE 5 CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K,ICDlORDINA\COMPPLAN.98 ORO# , PAGE 6 EXHIBITS A THROUGH DARE LOCATED IN THE RED BINDER :.r...: . STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 906 Columbia Sf. SW . PO 8ox 48300 . Olympia, Washington 98504-8300 . 1360) 753-2200 March 8, 1996 The Honorable Mahlon "Skip" Priest Mayor, City of Federal Way 33530 First Way South Federal Way, Washington 98003 Dear Mayor Priest: Thank you for sending us the City of Federal Way's adopted comprehensive plan. We note that your plan was adopted on November 21, 1995, but that local notice was not published until January 3, 1996, and that we did not receive copies until January 24, 1996. The comments below are based on our review of your adopted plan and build on our October 1995 letter, checklist, and draft plan review. We recognize that the City of Federal Way has expended a great deal of time, energy, and resources in developing its comprehensive plan. As we stated in our October comments, your plan contains many strong points and articulates realistic and promising visions for your city center. We support you in your effort to fulfill those visions. However, we are concerned that a number of important issues raised in our review were not addressed in your adopted plan. Therefore, we rêquest that the issues detailed in our October review and the points highlighted below be docketed for inclusion in your first year's plan amendments. As written, your adopted comprehensive plan does not yet comply with several requirements of the Growth Management Act (GMA). The plan's most serious deficiencies are in the land Use Element and the 6-year financial plans for the Capital Facilities and Transportation Elements. The discussion below expands on several of the key points identified in our October 1995 letter and checklist review. land Use One of the goals of the GMA is the reduction of low-density sprawl. As we noted in October, the City should be aware that the Central Puget Sound Growth Management Hearings Board has found that densities of one dwelling unit per acre --e.- EXHlrQ\ ,,~¡. ~ Ik!i~' " ...1:..--..-- PAGE-LOF_~ - :,' ¡;. ".'"\ .., ',' ': The Honorable Mahlon "Skip" Priest March 8, 1996 Page 2 are generally not appropriate urban densities. By not establishing a minimum density in the adopted plan's "Single Family High Density" designation, or even defining the term (see p. 11-13). the City has created a legal loophole that allows development at less than urban densities. It is unclear whether the plan actually establishes a goal or policy for its "Single Family High Density" designation. The statement that "urban densities of 9600, 7200, and 5000 square feet provide a range of housing densities" (p. 11-13) is not a goal statement or a policy. likewise, while Table 11-5, on page 11-20, shows conversion values for land use categories and zoning, the text above it states that "upon adoption of this Comprehensive Plan, the City will consider revisiC"ls to the zoning code, consistent with Comprehensive Plan direction". "Consider is not the' same as "shall" or "will"; it does not establish a commitment or POliCY. The City of Federal Way appears to have no real "Single Family High Density" goal or policy. With over 50 percent of the City's land area in a residential designation, and a vast majority of that in "Single Family High Density", the adopted plan will not prevent single family residential areas from developing at less than urban densities. In fact, the City's other single family designations, "Single Family Low Density" (one unit per five acres) and "Single Family Medium Density" (one to three units per acre), actually assure that new single family development will not be built at urban densities. We also noted in October that the City needed to "show its work" if it wished to justify one and five acre single family lots in environmentally constrained areas. However, the adopted land Use Element eliminates almost all references to actual acreage. It is impossible to determine the total number of acres that have been designated single family low, medium or high density, or how those areas relate to any critical area designations that may overlay them. It is clear that the City has measured its land base and caiculated the acreage. The comprehensive plan maps are based on GIS data, and in later plan elements measurements are expressed in terms of acres. In the Capital Facilities Element, parks, schools, and recreation areas are measured in acres (p. VIA). The level of service for parks is set at 10.9 acres per 1,000 residents (p. VI-6). Unfortunately; the City has chosen not to include any calculation of acreage in the land Use Element. The land Use Element lists land uses as a percentage of the gross land area (p. 11-8), and summarizes residential development capacity in terms of net square footage (p. II-g). Unfortunately, it provides no useful data to indicate the average number of units per acre the City is planning for in its single or multi-family residential areas. EXHIB~1i .-e PAGE~_OF." , 'The Honorable Mahlon ", March 8, 1996 Page 3 p" Priest Likewise, the plan's analysis of land use capacities fails to provide actual acreage figures in its calculation of net developable square footage. The issue of units per acre was raised in our October review because it provides an important planning measure; it indicates whether public infrastructure, such as roads, sewers, water lines, and storm drains, can be provided in a cost-effective manner and whether public transit systems are economically viable. However, rather than examining the issue by "showing its work" in the land Use Element, the City has done the opposite by obscuring the actual land area measurements. 6-Year Financial Plans The Growth Management Act requires that comprehensive plans include detailed funding plans for their Capital Facilities Elemel1t and their Transportation Element. These financial plans must look out at least 6 years in anticipation of current needs and projected demands. They must include those projects that will be necessary to maintain adopted level of service standards. Further, they must identify actual and probable funding sources for those projects. The GMA recognizes that the need for capital facilities and transportation infrastructure are directly related to the pattern of land uses and densities established by jurisdictions in their comprehensive plans. land use is the engine that drives infrastructure cost. Each city and county must, therefore, show how it will pay for the capital facilities and transportation infrastructure required to support its land use plan. As noted in our October review, the financial plans included in the Transportation Element and the Capital Facilities Element are not complete. Funding for the Parks and Recreation component includes a bond issue that failed in 1995 (p. VI-6); a failed bond issue cannot be considered "probable" funding. In order to operate its oWn police department, the City of Federal Way will have to provide funds for the facilities and equipment, yet a 6-year financial plan, reflecting costs and funding sources, was not included in the Capital Facilities Element. Likewise, while the Water Systems component references the lakehaven Utility Districts CIP, it fails to provide any summary information on categories of projects, costs, or funding sources. Summary tables of this information should be included in the Capital Facilities Element. The Sewer Systems component includes a table of projects and costs, but does not provide any information on specific funding sources. Again, the lakehaven Utility District's CIP is referenced, but no specific funding information is shown. At a minimum, a summary table of this information should be included in the Capital Facilities Element. Finally, the Fire Facilities component should also include a table of facilities, costs, and funding sources. Both the Surface Water and the School Facilities components provide good detailed information on projects and facilities, their costs, and their funding sources. EXHI[bül¡ ~ PAGE_~OF_c. \ ", ~ The Honorable Mahlon "Skip" Priest March 8, 1996 Page 4 These two components do a good job of summarizing the required information; they should serve as examples for the other components. It is important to remember that while a crp can be incorporated into the Capital Facilities Element by reference, the reference alone is not enough to ensure that the public has easy access to information about the actual financial impacts. Where crps or utility plans are included by reference, the City should, at a minimum, summarize project information by key categories, and then identify the costs and funding sources. The Capital Facilities Element does not need to repeat every single detail contained in a CIP; but it does need summary level information on projects, costs, and funding sources. The Transportation Element contains a 6-year project and financial plan within the TIP 1995-2010 (Table 111-20). that summarizes project and program expenditures .and revenues. However, about 78 percent of the revenues needed to cover project and program expenditures over the 6-year period are shown to come from unspecified (Other) sources. The City's transportation needs are large, yet the funding sources to pay for those needs are.limited. It is unclear how, or whether, the City of Federal Way will actually be able to fund those projects. The City's reliance on nearly 78 percent of its funding from "Other" sources does not comply with the GMA requirement. that probable funding sources be identified. The use of an unspecified "other" category does not constitute probable funding. The Act further requires that jurisdictions re-assess their land Use Element if the probable funding falls short of identified needs. In the City's policy related to funding shortfalls, CFP 25 (p. VI-36), none of the four activities listed require re-assessment of land use. The City of Federal Way's plan does not comply with thè> re-assessment requirement either. Other Issues The Transportation Element contains a great deal of information. level of Service standards are discussed at length; however, it is unclear whether the City actually adopts any specific level of service standards. The plan states "the City's goal is to maintain or improve upon a PM peak hour roadway level of service so that it is at least as good as conditions existing today" (p. 111-32). However, specific level of services are not shown for the arterial or transit routes, and are not adopted in any of the policy statements. In fact, transportation policy TP-15, "Specify an appropriate arterial level of service...," and TP-1 6, "Establish a level of service standard based on planning methodology...," (p. 111-39), suggest that the City will only be establishing level of services in the future. EXH;BrT~- PAGE _~OF -'--- ..'. . ' . ' The Honorable Mahlon' ,~ip" Priest March 8, 1996 Page 5 The lack of adopted level of services makes the use of concurrency management impossible. However, the Transportation Element has not adopted a program or system for concurrency management either. It is identified as an activity in the Implementation Process "Develop a Concurrency Management Strategy for the City..." p. 111-88, but there are no timelines, so it is unclear when the City will actually adopt and implement a concurrency management program. Without adopted level of services and a system for assessing concurrency, the Transportation Element is incomplete. The GMA (RCW 36.70A.O60(1)} requires that "the land Use Element shall provide for protection of quality and quantity of ground water used for public water suppties." The plan does not adequately address either of these issues within the land Use Element. The City's water supply comes from 25 wells that draw on a large aquifer that underlies most of the area. As noted though, the ground water withdrawal rate exceeds the recharge rate (p. 11-4). The City hopes to contract for additional water, but the quantity and availability of this supply have not been guaranteed at this point (p. VI-25). Further, while the City should be protecting water quality in its land Use Element through the designation of appropriate land uses and densities in well head protection and aquifer recharge areas, the land u_se- maps have no designations for well head protection or aquifer recharge ar.eas.l The plan actually states that the extent of the aquifer has not been mapped or identified (p. VI-25). and that the City has not yet implemented a wellhead protection program to map protection zones and buffers (p. IX-3 to IX-4). Given the unknown extent of the aquifer, the lack of designated recharge areas, and the absence of wellhead protection zones and buffers, it is unclear how the City of ~ederal Way can determine or justify the appropriateness of its overlying land uses and densities. In this regard, the Land Use Element is inconsistent with the adopted Countywide Planning Policies (p. IX-3) and the GMA. The land Use Element contains a section on Essential Public Facilities (p. 11-17) which includes a single policy declaring that the city code will be amended "...to include a list of locally defined essential public facilities" (lUP50). If this is to be the City's only policy on Essential Public Facilities, it does not meet GMA requirements. Essential Public Facilities defined under the GMA refers to several categories of facilities that are difficult to site, including specific facilities that are defined and listed by the State's Office of Financial Management. The definition of these essential public facilities is not a local option. Finally, with many pieces of the comprehensive plan still incomplete, the City's implementation program for its adopted plan takes on new importance. The successful implementation of the plan will depend upon a careful and detailed EXH i tj (¡-.--E-....-..--... PAGE_~.OF..~......_- ,'" '. ' , '. . The Honorable Mahlon "Skip" Priest March 8, 1996 Page 6 identification of plan deficiencies, policy and program priorities, city resources, and, ultimately, the assignment of specific departmental responsibilities and timelines. As written, the implementation section of the land Use Element (p. 11-19 to 11-20) is incomplete. It does not define priorities, identify responsibilities, assign resources, or establish goals, or estimate completion dates. Thank you again for sending us a copy of your adopted comprehensive plan. We look forward to reviewing the plan changes and future amendments that the City will be making. We would also like to point out that the City of Federal Way is entitled to a portion of Washington State's Growth Management Incentive Grant administered through the King County Association of Suburban Cities. All of the plan changes outlined above are eligible activities under the incentive grant program. You may want to include some of these activities in your proposed scope of work. If you have any questions or concerns about our comments or any other growth management issues, please call Bill Satoris at (360) 586-2168, or Ike Nwankwo at (360) 586-9118. Sincerely, ~ IJd4 Steve Wells Assistant Director Growth Management Services BS:jw cc: Greg McCormick, Principal Planner, City of Federal Way EXHI~WT e ~p' AG.E ~- i"';~ ~, , " .....~ ¿ I ....(Ø......--- Ch. 171, § 2 REGULAR SESSION (e) Exception. This subsection sball not be interpreted to pennit in the roraI area a major industrial development or a master planned resort wùess otherwise specifically pennitted under F.CW 36.70A360 and 36.70A365. (l) A transportation element that implements. and is consIstent with, the land use elemenl ~ The transportation element shall include Ù1e foUowing subelements: Will Land use assumptions used in estimating travel; (bJ(ü) Estimated traffic impacts to state-owned transportation facilities resultin. from land use assumptions to ass!:;t the department of transportation in monitorin. the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use dee!:;ions on state-owned transportation facilities; @2 Facilities and services needs, including: (i)~ An inventory of air, water, and ground transportation facilities and services, includ- ing transit alib'llffients and general aviation airport facilities, to define eJÓStinIT capital facilities and travel levels as a basis for future planning. This inventory must include state-<>wned transporntion facilities within the city or county's jurisdiction boundaries; M@l Level of service s""'dards for all locally owned arterials and transit routes to serve as a gauge to Judge performance of the system. These standards should be regionally com.dilJated; 4m(C) For state-owned transportation faeUities, level of service standards for hi.hways, as prescribed in chapters 47.06 and 47.80 RCW, to .au.e the performance of the system. The uloses of re!lectin level of service standards for stat' in the local com rehensive Ian are to monitor the e ovement strate 'es and to facilitate coordination between the coun s street, roa prowam "nd the department of transportation's rencv requirements of (b) of this subsection do not pp y p services of state-,vide si""ifieance except for counties consistin~ of isiands whose on connection to the mainland are state hi.hways or ferry routes. In these island counties, state hi.hwavs and ferry route capacity must be a factor in meetin. the concurrency requirements in (b) of this subsection; æ2 Specific actions and requirements for bringing into compliance a!!J' locally owned transport"tion facilities or services that are below an established level of service standard; (W.¡lI.! Foreeast.'; of traffic for at least ten years based on the adopted land use plan to p"vide information on the location, timing, and capacity needs of future growth; MLfJ Identification of state and local system erpa",i," need, a ~ ""'Rrtg<>,""", needs to meet current and future demands. IdeIJtifi ee s state-owned trans ,ortation facilities must be consistent with the state-wide multi t ortation Ian required under chapter 47.06 RCW; G) '"'IF' (~)(iv) Fillance, including: ¿" W(Ai An analysis of funding capability to judge needs against prWe =tng resources; M@ A multiyear financing plan based on the needs identified i~ the co~~hensive plan, the appropriate parts of which shall serve as the basis for the Six-y~' ar stree1_i¡òad, or transit prob'l"am required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transporntion systems. The multi ear .-, Ian should be coordillated with the sLx-vear im rovement 1'0 am develo ed b ~~e artment of trans- portation as required by RCW 47.05.030; , (üi)(Çl If probable funding falls short of meeting identified needi.~¡¡' _ion of how additiollal fuIJding will be raised, or how land use assumptions wiI~ be re:lssl!!\~ to ensure lhallevel of service standards will be met; ¡e.. (U)i:!l Intergovernmental coordination effor!.3, including an assessmentff the impacts of Ih.. Ir"II..,p'lIlalim, plall alld lalld """ ""lImpU"II" "" the trllll,port'I'lIon, tem, of uIUllcent J",'I"d",I"",; (")~ Dem . allagemellt stralcgies. ~ 438 Addlllon..roladlcalødbyund"lInø; deløllonsby- 1r: .. 1998 LAWS Ch. 171, § 4 ill Afrer adoption of the comprehensive plan by jUCÌlldietion, required to plur¡ or who choose to plan under RCW 36.70A040, local jurisdietions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transporta- tion element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" ,hall mean that impr"ve- ments or strategies are in plaee at the time of development, or that a financial commitment is in place to complete the improvements or str.tegies within six yean;. . (c) The transportation element described in this subsection (6), and the six-year plans required by RCW 3fi.77.010 for cities, RCW 36.81.121 for countiëS, .,..¡ RCW 35.58.2795 for public transportation systems, and RCW 47.05.030 for the state, must be consistent. Sec. 3. RCW 36.70A.200 and 1991 sp.s. c 32 s I are each amended to read as follows: - (I) The comprehensive plan of each county and city that is planning unde¡' this chapter shall include a process for identifying and siting essential public faciliti". Essential luhl;.' facilities include those facilities that are typically difficult to site, such as airpo,~s, sta, education facilities and state or regional transportation faeilities as defined in section 7 of this act, state and local correctional facilities, solid waste handling facilities, and in-patient !'iiCilities including suhstance abuse facilities, mental health facilities, and group homes. (2) The office of fmancial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list. No local comprehensive plan or development regulation may preclude the siting of essential public facilities. - Sec. 4. RCW 36.70A.210 and 1994 c 249 s 28 are each amended to read as follows: (1) The legislature recognizes that counties are regional governments within their bound- aries, and cities are primary providers of urban governmental services within urban grov.~h areas. For the purposes of this ..ction, a "county-wide planning policy" is a written policy statement or statements used solely for establishing a county-wide framework from wbich county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that cIty and county comprehensive plans are consistent as required in RCW 36.70A.lOO. Nothing in this section shall be construed to alter the land-use powers of cities. (2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a county-wide planning policy in cooperation with the cities located in whole or in part within the collnty as follows: (a) No later than sixty calendar days from July 16, 1991, the legislative .utholity of e' county that as of June I, 1991,. was required or chose to plan under RCW 36.70A.040 sh. convene a meeting with representatives of each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a county-wide planning policy. In other counties that. are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of financial manage- menl (b) The process and framework for adoption of a county-wide planning poliey specified in (a) of this subsection shall detennine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desu'ed planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith. (C) If a county faiis for any reason to convene a meeting with representatives of cities as required in (a) of this subsectIon, the governor may immediately impose any approp,iate "nction or sanctions on the county from those specified under RCW 36.70A.340. (d) If there is no agreement by October I, 1991, in a county that was required or chose to plan under RCW 36.70A040 as of June 1, 1991, or if there is no agre' 'within one hundred twenty days of the date the county adopted its resolution of intenti. Nas certified Addllfon. Ire IndlC3lød by undlrtlnø: dl¡øUon. by - 439 Ch. 171, ir- REGULAR SESSION ¡ ; . , lowest life cycle costing. The comprehensive six-year investment program for preservation shaU identify projects for two years and an investment plan for lbe remaining four years. (2) The improvement program shaU consist of investments needed lo address idenüfied deficiencies on the stat.e highway syst.em lo improve mobility, safety, support for lbe economy, and prot.ection of the environment. The six-year investment program for improvements shall identify projects for two years and major deficiencies proposed lo be addressed in lbe six- year period giving consideration lo reiative bene ortation commission shaH 've hi her riorit for correctin idenüfied facilities classified as facilities of stat.e-wide si ificance as defined in sec . The transpomtion commission shaH approve and present lbe comprehensive six-year investment program lo the legislature in support of lbe biennial budget request under RCW 44.40.070 and 44.40.080. - NEW SECTION. Sec. 7. A new section is added lo chapter 47.06 RCW w read as follows: The legislature declares lbe following transportation facilities and services w be of stat.e- wide significance: The int.erstat.e highway syst.em, int.erregional state principal arterials incloding ferry connections that serve stat.e-wide travel, int.ercity passenger rail services, intercity high-speed ground transportation, major passenger intennodaltenninals e.<eluding all airport facilities and services, the freight railroad system, the Columbia/Snake navigable river syst.em, marine port facilities and services that are related solely to marine activities affecting int.ernationa] and int.erstat.e trade, and high-capacity transportation syst.ems serving regions as defined in RCW 81.104.015. The departmen~ in cooperation with regional transportation planning organizations, counties, cities, transit agencies, public ports, privat.e railroad operators, and private transpomtion providers, as appropriat.e, shaH plan for improvements to transpomtion facilities and services of stat.e-wide significance in the state- wide mu]timodal plan. Improvements to facilities and services of state-wide significance identified in the stat.e-wide multimodal plan are essential stat.e public facilities under RCW 36.70A,200. The department of transportation, in consultation willi local governments, shaH set level of service standards for stat.e highways and state ferry routes of state-wide significance. Although' the department shaH consult \vith local governments when setting level of service standards, the department retains authority w make final decisions regarding levei of service standards for state highways and stat.e ferry routes of stat.e-wide significance. In establish- ing levei of service standards for state highways and state ferry routes of state-wide significance, the "epartment shall consider the necessary balance between providing for lbe free interjurisdlctional movement of people and goods and the needs of local communities using these (""¡iities. .-l Sec. 8. RCW 47.80.02:1 and 1994 c 158 s 2 arc each amended to read as follows: Each regional transpomtion planning organization shaH have lbe following duties: (1) Prepare and perioclicaHy update a transpomtion strategy for lbe region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall rccommend preferred transportation policies lo implement adopted growth strat.egies. The strategy shaH serve as a guide in preparation of the rcgional transpomtion plan. (2) Prepare a regional transportation plan as set forth in RCW 47.80.030 lbat is consistent with county-\vide planning policies if such have been adopted pursuant lo chapter 36.70A RCW, with county, city, and lown comprehensive plans, and stAt.e transportation plans. (3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and wwns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transporta- tion plan, and, where appropriate, coofonn willi the requirements of RCW 36.70A070. ('I) Whcrc appropriate, certify that county.wide planning polic~s adopted under RCW :¡¡;.70A.210 and thc adoptcd rc6.;0"a] transportation plan are consistent. (!i) I)cvclop, '" coopcration with the department of transportAtion, opcralors of public tra""i""tation ",rviccs and local govcrnmcnt. wilbin the region, a six-year regionaltranspor- 442 Add!lIons are Indiealed by underllne; delellons by_- 1998 LAWS 171, § 9 tAtion improvement program which proposes regionally significant tranaporlation pro]ec," and programs and transportation demand management measurea. The regiona1 transporta- tion improvement program shall be based on lbe programs. projects. and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant lo RCW 3S.58.2795, 35.77.010, and 36.81.121, respectively. The program shaH include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how lbe transportation improvement program can be funded. The program shall be updat.ed at least every two years for the ensuing six-year period- (6) Designate a lead planning agency lo coordinate preparation of the regional transporta- tion plan and carry out lbe other responsihilities of lbe organization. The lead planning agency may be a regional organization, a component county, city, or lown agency, ar the appropriat.e Washington state department of transportation district office. (7) Review level of service melbodolol(ies used by cities and counties planning under chapter 36.70A RCW lo promote a consist.ent rel(ional evaluation of transportation facilities and corridors. (8) Work with cities. counties. transit agencies, the department of transportation, an" others lo develop level of service standards or alternative transportation peñorman measures. Sec. 9. RCW 47.80.030 and 1994 c 158 s 4 are each amended lo read as follows: (I) Each regional transportation planning organization shall develop in cooperation with lbe department of transportation, providers of public transportation and high capacity transportation, ports, and local governments wilhin the region, adopt, and perioclicaHy updat.e a regional transportation plan that: (a) Is based on a least cost planning methodology that idenüfies the most cost-effective facilities, services, and programs; (b) Identifies existing or planned transportation facilities, services. and programs, including but notlimit.ed lo major roadways including stat.e highways and regional arteriais, transit and nonmolorized services and facUities, multimodal and intermodal facilities, marine ports and airports, railroads, and noncapital programs including transportation demand management lbat should function as an int.egrat.ed regional transportation system, giving emphasis ta those facilities, services, and programs that exhibit one or more of the following characteristics: (i) 3r¡¡member county lines; (Ii) Is or . e e ya significant number of people who live or work pu!iiide the county in which the it~ 'ce, or project is located; .OL, (iiiJ SignG ~ are expected to be felt in more than one county; 'wso, (Iv) pot.eg ,me impacts of lbe facility, service, program, or project can be bet avoided or i ough adherence to regional policies; aM - (v) Tran orta~eds addressed by a project have been identified by the regional transpomt n pl"'\l!!!!Jprocess and lbe remedy is deemed lo have regional signifIcance; and vi) Pro on.VS!I.m eontinuit . (c) EstAb . vel of service standards at a miRimWl! for all for state highways and state ferry rouie lbe ans ortation facilities of state-wide si ificance as defined in . n of regionaUy estAblished leve of service standards for stAt.e high y s shall be developed joinUy willi the department of transporta- tion, lo ene urage s ncy across jurisdictions. In establishing level of service standards ror stat.e hwa te ferries, consideration shall be given for the necessary ba1anee between p fo lbe free interjurisclictional movement of people and goods and lbe needs of 10 I 'com uters using StAte facUities; (d) Inciu es a nancial plan demonstrating how the regional transpomtion plan can he implemen ,ind ating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques to finance needed facilities, services, and programs; . Addilionsarslndlcaledbyundorllne; de]ellonsby- 443 ( ZONING 12) Dwelling unit, detached, shall mean a dwelling unit that is not attached or phys- ically connected to any other dwelling unit or other use. Dwelling unit, stacked, shall mean a dwell- ing unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (3) Easement shall mean land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property. Electrical sign shaH mean a sign or sign struc- ture in which electrical wiring, connections and/or fixtures are used as part of the sign proper. ( EMF means Electromagnetic Field, which is the field produced by the operation of equipment used in transmitting and receiving radio fre- quency signals. Equipment shelter shall mean the structure associated with a PWSF that is used to house electronic switclùng equipment, cooling system and back-up power systems. Erosion and deposition shall mean the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water. Essential public facility is any facility or con- veyance which has the following attributes: (1) It is typically difficult to site due to un- usual site requirements and/or significant public opposition; (2) It is necessary component of a system, network or program which p~ovides a public service or good; (3) It is owned or operated by a unit ofloca! or state government, private or nonprofit organization under contract with or re- ceiving government funding, or private firms subject to a public service obhga- tion; Su,"," No 17 1336.1 EXHlsrT' H PAGE_J. C:.¡r_.a_§22-¡ (4) It meets a general and/or specific category for facility types or individual facilities listed below in class I and class II essen- tial public facilities. a. Class I: Facilities of a county, re- gional or state-wide nature. Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city, and wlùch may include several local jurisdictions or a signif- icant share of the Puget Sound re- gional population. Such facilities may include, but are not limited to, the following: 1. State or regional education fa- cilities (except minor branch fa- cilities) a. Research facilities b. University branch cam- puses c. Community college State or regional transporta- . tion facilities a. Light and/or standard rail lines 2. b. Commuter terminals Transit centers Park and ride lots in resi- dential zones c. d. 3. State or regional correctional facilities Solid waste handling facilities (large scale) a. Transfer station 4. 5. 6. b. Recycling center Sewage treatment plants Power plants b. Class II: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community In any cases local facilities arc charactcnzcd by providing some type of in-patient § 22.1 FEDERAL WAY CITY CODE care, assistance, or monitoring. Such facilities may include, but are not limited to the following: 1. Substance abuse facilities 2. Mental health facilities 3. Group homes/special need hous- ing 4. Local schools a. Elementary school b. Middle school c. High school 5. Social service transitional hous- ing a. b. c. Domestic violence shelter Homeless shelter Work-release Excavate orexcavatwn shall mean the mechan- ical removal of soils and/or underlying strata. Family shall mean an individual or two or more individuals related by not more than four <:Iegrees of affinity or consanguinity and including ,Jersons Supp. No. 17 1336.2 . ( ( '~V'H.U1:0""'i'I- tJ CA. ~~~ii~ PAGE.....'-JF_~ Q. CITY OF FEDERAL WAY MEMORANDUM November 9, 1998 To: Mayor and City Council Members FROM: Rick Perez, City Traffic Engineer SUBJECT: Response to Outside Agency Comments for the Comprehensive Plan Transportation-Related Amendments This memo responds to three letters received in response to the draft Comprehensive Plan amendment following the Land Use/Transportation Committee's review. Each item summarizes the issue raised by the reviewer, a staff response, and a staff recommendation. October 21, 1998, Letter from WSDOT 1. WSDOT raises the concern that Table IlI- 7 suggests that listing a project to construct collector-distributor ramps on 1-5 between SR 18 and SR 161 implies that WSDOT agrees that this is the preferred solution. Response: Any improvements of this magnitude would obviously need to be studied in great detail. Its listing in the City's comprehensive plan is intended only to suggest a potential solution to the operational problems in this area. Recommendation: No revision is necessary. 2. The plans's description of the SR 509 extension should be updated to reflect the current status of the project. Response: Staff concurs. Recommendation: On page IlI-52replace the last sentence of the full second paragraph with the following, "The Tire 1 EIS for the SR 509 South Extension Project has selected Alternative C as the preliminary preferred alternative. This particular alternative would join [-5 near South 21 Oth Street and add capacity to 1-5 south to at least South 272nd Street" 3. The first sentence of Section 3.6 is unclear. Response: Staff concurs. EXH~EHlr'j PAGE __l--'OF 5 Recommendation: On page 88, replace, ".. .all planned freeway HOV lanes" with, "... the freeway system in the region." 4. WSDOT did not open the Office of Urban Mobility (OUM) because of the recognized importance of HOV lanes in serving transit. GUM was created to coordinate long range and emerging transportation planning issues between WSDOT, PSRC, and its member jurisdictions. Response: Staff concurs. Recommendation: On page III-89, replace the fourth sentence of the first paragraph with the following, "WSDOT created the Office of Urban Mobility to coordinate long range and emerging transportation planning issues between WSDOT, PSRC, and its member jurisdictions. " 5. The RT A is now referred to as Sound Transit. Response: Staff concurs. Recommendation: Text has been revised already. No action is necessary. 6. Land use impacts on modal choice are more effective whe~densities are combined with design and diversity. Response: Chapter 2 reflects this recommendation. Recommendation: No revisions are necessary. October 28,1998, Letter from Puget Sound Regional Council I. The level of service standard is difficult to understand. Response: Chapter 2 reflects this recommendation. Recommendation: On page III-53, revise the text ofTPI6 as follows: "The City's LOS standard shall be E. This is defined herein as a volume/capacity ratio less than 1.00 in accordance with Highway Capacity Manual (1994) operational analysis procedures. At signalized intersections, the analysis shall be conducted using a 120-second cycle length and level of service E is defined as less than 60 seconds of stopped delay per vehicle. Where transit or HOV facilities are provided, the LOS shall be measured by average delay and volume/capacity ratio per person rather than per vehicle. This standard shall be used to identify concurrency needs and mitigation of development impacts. For long-range -2- EXHiB~1J PAGE '_h..~OF--- transportation planning and concurrency analysis, a volume/capacity ratio of 0.90 or greater will be used to identify locations for the more detailed operational analysis." 2. The TIP should show how the projects would be funded. Response: Staff concurs. Recommendation: On page 1lI-112, add the following paragraphs immediately before the heading "Funding Sources," "The City aggressively pursues federal and state funding sources for arterial street projects in order to maximize the use of City funds to maintain City streets and fund improvements to streets that would not fare well in grant-funding selection criteria. For the purposes of identifying funding sources in compliance with GMA requirements, the following strategies are used. . Surface Transportation Program grants would be used to fund 86.5 percent of the cost of projects that improve multi-modal mobility on arterial streets. State Transportation Improvement Board (TIE) funding would be used to provide the remaining 13.5 percent of the cost of projects. . Hazard Elimination Program grants would be used to fund safety improvement projects up to the maximum grant amount of$300,000. The City would fund the remainder of the cost of the project or 10 percent, whichever is greater. . Transportation Enhancement Program grants would be used to fund 80 percent of the cost of non-motorized capital projects. The City would fund the remaining 20 percent. . State TIE grants would be used to fund 80 percent of the cost of the remaining arterial street projects. The City would fund the remaining 20 percent. . Street projects on collectors would be funded by the City or adjacent development. . Local street improvements would be funded by development. Based on these criteria, the TIP would be funded as follows: . Surface Transportation Program (Statewide and Regional): $31,741,500. . Hazard Elimination Program: $600.000. . Transportation Enhancement Program: $1,648,500. . Transportation Improvement Board: $19,525,200. . City funds: $1,751,900. The City would be able to fund this level of improvements over the six-year period." 4. GMA requires that the City address impacts on the transportation systems of adjacent jurisdictions. .3. EXHiB~1"_~ P A G E__"..- () F _J- Re.\ponse: Staff concurs. Recommendation: On page III-I 18, revise TP86 to read as follows, "Adopt interlocal agreements with neighboring jurisdictions to identify methods to assure consistency between comprehensive plans, and adopt fair and consistent means of addressing the impacts of growth and development between jurisdictions without undue administrative burdens." November 2,1998, Letter from King County I. The County disagrees that close proximity to 1-5 for the Transit Center would limit redevelopment into transit-supportive land uses. Response: A freeway cannot support a transit-supportive land use. To maximize the ability ofland to redevelop, the land must be developable. Recommendation: No revision is necessary. 2. Traffic impacts of the revised Transit Center location should be analyzed. Response: Traffic impacts were considered when the Comprehensive Plan was adopted in 1995 showing the Transit Center on 18th Avenue South between South 316th Street and South 320th Street. Since the proposed language is within close proximity to the site in the existing plan, reconsideration of the traffic impacts is not necessary. Recommendation: No revision is necessary. 3. Costs for relocation and providing split transit service to new location and the existing location should be addressed. Response: The ideal that the City has in mind is to surplus the existing site, thus providing funds for the new location and rendering moot the issue of split service. Recommendation: No revision is necessary. 4. The Comprehensive Plan does not address the need for HOY treatments. Response: Transit and HOY needs are addressed in Sections 3.5 and 3.6 of Chapter 3. Recommendation: No revisions are necessary. 5. The bus stop spacing as described in CCP25 is too restrictive. -4- EXH~Bt[=- I. PAGE..-A. OF_5_-= Response: Policy CCP25 of Chapter 7 refers to the spacing of pedestrian crossings, not bus stops, and is related to the planned street spacing in the City Center. Recommendation: No revision is necessary. 6. Map VII-3 is not consistent with Maps VII-6 and VII- 7 in identifying the proposed Transit Center location. Response: Maps VII-6 and VII- 7 have been revised. Recommendation: No additional revision is necessary. 7. On Map VII-5, 25th Avenue South, south of South 320th Street, is shown as an existing street. It currently is one-way northbound for transit only. Response: If the existing park and ride lot is redeveloped, 25th Avenue South could be revised to function as a regular street. Recommendation: No revision is necessary. 8. Policy CCP4I is in conflict with Goal CCG20 (Chapter 7). Response: Staff concurs. Recommendation: On page VII-25, revise the first sentence ofCCP4I to read as follows, "Encourage public and private parking structures (below or above ground) in lieu of surface parking in the core area." I \LETTERS\DEB\WSDOTCO~ weD EXH~~i~T_~- PAGE..-5. 'J~..5- .5. MEETING DATE: November 17,1998 ITEM# ~(j) ""'."'."."""""""'..."..."""."""'.".".."'."'..""""""""""""'."".""........................................ ................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Ordinance adopting the "Residential North" Development ............................................. .....A.g~.~.~J!l.~~~................................................................................ ................................. CATEGORY: _CONSENT .x...ORDINANCE - BUSINESS - HEARING _FYI BUDGET IMPACT: N/A _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ......................... .................................................. ............................................................................ ........................... ATTACHMENTS: Proposed ordinance and development agreement with legal description. (See accompanying staff report with attachments included with the annexation resolution .....................................................1J.1l.4~~.Ç().\I.I1¡;.~..Ag~tl4¡I.Jt.c:'.I1..Y.I.L........................ ............................................ SUMMARYIBACKGROUND: On 5/27/98 the City received a 10% petition ITom Weyerhauser (submitted by Quadrant) to annex a 17.8-acre area located north of South 320th Street, east on-5, and west of Military Road. On 7/21/98 the City Council accepted the petition with boundary modification and consideration of a development agreement for the site. On 8/21/98 the property owner submitted a 60% petition for annexation of the subject property. A proposed development agreement was also submitted. .. Ç.ity'..Ç.()\J.Il.(;i.I.~4gp~i ()Il..()( ~~.c: ß~".e.1()P.~C:J1.t..li.src:.c:'.I1~t1~..i~..s\J.~j ~(;~.~()..~.P\l.~ ¡.i (;.. ~.C:¡¡.~.t1g..¡¡¡¡.4..¡¡4 ()pt!.().t1..().~4i.t1Ii.Il(;C:.... ... ~~~g ~ ~ ~ ~~ c: ~ ~ c:f:: ~;c:~~~~,.. ~ ~:~~~ ~ ~ ~ ~ ;~;~;~ ..~ ~ ~ i~~¡¡~i ~ ~~ ~ ~..t ~~.. ~i t~ .. .. ::'~~~D FOR INCLUSION IN COUNCIL ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLED/DEFERREDINO ACTION COUNCIL BILL # Ist Reading Enactment Reading ORDINANCE # RESOLUTION # <--d).I (..: DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE WEYERHAEUSER COMPANY AND THE FEDERAL WAY FIRE DISTRICT NO. 39. WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City of Federal Way; and WHEREAS, on May 27, 1998, pursuant to RCW 35A.14.120, the Weyerhaeuser Company, as owner of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as certified by the City Clerk, filed a Notice oflntention to Petition for Annexation to the City of Federal Way approximately 18.94 acres of property ("Annexation Property") contiguous to a north boundary of the City of Federal Way; and WHEREAS, Weyerhaeuser had already requested, on January 26, 1998, that a Comprehensive Plan and zoning designation be applied to its property; and WHEREAS, the Federal Way Fire District No. 39 is the owner of property adjacent to the property Weyerhaeuser seeks to have annexed by the City; and WHEREAS, the City Council detennined to add the Fire District property to the annexation area, and WHEREAS, on July21, 1998, the City Council accepted the 10% Petition, authorized the preparation of a Petition for Annexation as modified by addition of the Fire District Property, ORD# ,PAGE I required adoption of a Comprehensive Plan and zoning designation prior to or concurrent with the annexation, required the assumption of a pro rata proportion of existing City indebtedness by the area to be annexed, and required preparation of a development agreement pursuant to RCW 36.708.170; and WHEREAS, the annexation action is exempt from all environmental review pursuant to RCW 43.21c.222; and WHEREAS, on August 21, 1998, Weyerhaeuser submitted a Petition for Annexation, which the City Clerk has certified as containing the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, on November 17, 1998, the City Council held a public hearing, after public notice as required by law, on the proposed annexation of the subject property, and on the proposed development agreement between the City, Weyerhaeuser, and the Fire District; and WHEREAS, on November 17, 1998, the City Council adopted Resolution No. 98- -' declaring and giving notice of its intention to annex the subject property; and WHEREAS, in anticipation of annexation and pursuant to RCW 36.708.170, the City, the Weyerhaeuser Company and the Federal Way Fire District negotiated a development agreement, a copy of which is attached hereto as Exhibit A and incorporated by reference; WHEREAS, the City Council considered this Ordinance at its November 17, 1998 , 1998 meetings; and and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of Federal Way to: (I) approve and authorize the City Manager to execute a development agreement between the City, the Weyerhaeuser Company and the Federal Way Fire ORD# ,PAGE2 District; and (2) annex the Annexation Property NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Findings. The City Council hereby finds that: A. The proposed development agreement limits the density of the Annexation Property by requiring that any development of the property owned by the Weyerhaeuser Company be limited to a density no greater than 6 units per gross acre, and constructed in the fonTI of either detached single-family dwellings or attached single-family condominium townhomes. These proposed development agreement places the same limitations upon any change of use of the Fire District's property. B. The limitations will produce a density that is lower than what would otherwise be allowed under existing King County zoning regulations, or under the RM 3600 Federal Way zoning designation requested by the Weyerhaeuser Company for the Annexation Property. C. The proposed development agreement also provides for the vesting of a Weyerhaeuser development application to the City of Federal Way zoning regulations, rather than King County's zoning regulations. D. The proposed development agreement will not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan, because any development will be subject to existing Federal Way City Code provisions concerning drainage, landscaping, parking, traffic, height, noise, and future use. These provisions protect the existing and potential surrounding land uses trom any potential adverse impacts. E. In light of the Findings in subsections I.A - I.D above, the proposed development ORD# ,PAGE 3 agreement bears a substantial relation to the public health, safety, and general welfare of the City. Section 2. Conclusions of Law. Based on the Findings of Fact set forth in Section I above, the development agreement is consistent with the criteria set forth in RCW 36.70B.170. Section 3. Development Agreement. The City Council hereby authorizes the City Manager to enter into the development agreement attached as Exhibit A hereto, and to take all further and necessary action required by the development agreement. Section 4. Severabilitv. 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 other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of ,1998. CITY OF FEDERAL WAY MA YOR, RON GINTZ ORD# , PAGE 4 ATTEST: 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. K:\CDlORDIN\DEVELAGR. WYH ORD# ,PAGE 5 After recording, return 10: Federal Way City Attorney's Office 33530 Is! Way S. Federal Way, WA 98003 DEVELOPMENT AGREEMENT BETWEEN CITY OF FEDERAL WAY, WEYERHAEUSER CORPORATION AND FEDERAL WAY FIRE DISTRICT NO. 39 This Agreement, made and entered into this - day of _,1998, by and between the Weyerhaeuser Corporation, a Washington corporation ("Weyerhaeuser"), and Federal Way Fire District No. 39 ("District"), on the one hand, and the City of Federal Way, Washington, a municipal corporation ("City"), on the other (collectively "the parties"). RECITALS A. Weyerhaeuser is the owner of certain undeveloped real property ("Weyerhaeuser Property") located within King County but within the Potential Annexation Area of the City of Federal Way. The Weyerhaeuser Property located north of and adjacent to S. 320th Street and is specifically described in Exhibit" A" attached hereto and incorporated herein. B. The District is the owner of certain real property ("District Property") located in King County and within the Potential Annexation Area of the City of Federal Way. The District Property, currently developed with a fire station, is specifically described in Exhibit "B" attached hereto and incorporated herein. C. Weyerhaeuser and the District have requested that the City of Federal Way annex the Weyerhaeuser and District Property, and have submitted a petition requesting the same signed by the owners of more than 60% of the assessed value of the two Properties (60% Petition). D. The City's willingness to accept the 60% Petition, and to submit a Notice of Intention to Annex the Property to the Washington State Boundary Review Board for King County, is conditioned upon limitations on density of development or redevelopment of the Weyerhaeuser and District Property necessary to protect the public health, safety and welfare. E. The City has authority under RCW 36.70B.170-.210 to enter into a development agreement as part of a proposed annexation, to set development standards to govern development and use of the property to be annexed. The City also has authority under RCW 39.34 to enter into an interlocal agreement with another governmental entity. NOW, THEREFORE, for and in consideration of the City's acceptance of the 60% petition, the parties agree as follows: A j '.( I?r -(e Ltc' , ~ EXaIBlT Development Agreement City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property Page 2 1. Develooment of Weverhaeuser Prooertv. Weyerhaeuser covenants and agrees that, regardless of the density or uses available under the zoning designation applicable to Weyerhaeuser Property, Weyerhaeuser will limit any development of the Weyerhaeuser Property to a density no greater than 6 units per gross acre, calculated prior to deduction of areas required for public street right-of-way. Weyerhaeuser further covenants and agrees that the principal use of any development will be either detached single-family dwellings or attached single family condominium townhomes. 2. Redevelopment of District Propertv. The District covenants and agrees that the principal use of the District Property will be for a fire station. If the District or its heirs, successors or assigns determine to change the principal use of the District Property to a residential use, regardless of the density or uses available under the applicable zoning designation any redevelopment of the District Property will be limited to a density no greater than 6 units per gross acre, calculated prior to deduction of areas required for public street right-of-way. The District further covenants and agrees that the principal use of any development will be either detached single family dwellings or attached single-family condominium townhomes. 3. BP A Trail Connection. Weyerhaeuser covenants and agrees that any development of its portion of the Property will not interfere with or prevent an extension of a pedestrian/bike trail over the BP A easements of record over the Weyerhaeuser Property. 4. Implementation of Alffeement. 4.1. Timing of Annexation. Followingexecutionof this Development Agreement, adoption of Comprehensive Plan and zoning designations for the Weyerhaeuser and District Properties, and the City's acceptance of the 60% Petition, the City will submit to the Washington State Boundary Review Board for King County ("BRB") a Notice of Intent to Annex the Weyerhaeuser and District Properties. IfBRB review is not invoked or, in the alternative, ifBRB review is invoked but the BRB approves the annexation, the City shall lawfully adopt an ordinance annexing the Weyerhaeuser and District Properties. The City may, in the alternative, upon approval of the 60 % Petition, simultaneously adopt an ordinance annexing the Properties effective upon passage of forty-five (45) days or, if BRB jurisdiction is invoked, issuance of a BRB decision approving the annexation. 4.2 Vesting. The City of Federal Way acknowledges that Weyerhaeuser has the right to, prior to the effective date of annexation, apply to King County for approval of development on the Weyerhaeuser Property. The City of Federal Way and Weyerhaeuser agree, subject to the written concurrence and release of such application by King County, that Federal Way shall process any such application according to the provisions of this Agreement and the Federal Way City Code provisions in effect as of the date Federal Way deems Weyerhaeuser's EXHIBIT ¡; 'Ie (¡"oj ~ Development Agreement City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property Page 3 application complete. Federal Way shall be entitled to recover all costs incurred in such processing. 5. General Provisions. 5.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended to protect the value of the Weyerhaeuser and District Property, as well as the public health, safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to the Weyerhaeuser and District Property and to the City from this Agreement shall run with the land and shall be binding upon the District and Weyerhaeuser, and their heirs, successors, and assigns, and upon the City of Federal Way. 5.2. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the tenns of this Agreement shall be in King County Superior Court. 5.3 Recording. Weyerhaeuser Properties. This Agreement shall be recorded against the District and 5.4. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 5.5 Authority. The City, the District, and Weyerhaeuser each represent and warrant to the others that it has the respective power and authority, and is duly authorized to execute and deliver this Agreement. Weyerhaeuser and the District represent and warrant that they are the fee owners or contract purchasers and have authority to agree to the covenants contained herein. 5.6 Term of Agreement. This Agreement shall remain in full force and effect unless amended or tenninated by the mutual agreement of the parties. 5.7 Amendment. This Agreement may be modified only by a written instrument duly executed by all parties; provided, however, notwithstanding any provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of the District or Weyerhaeuser, adopt and impose upon the District and Weyerhaeuser Properties restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. 5.8 Exhibits A and B attached hereto are incorporated herein by this reference as if fully set forth. EXIITB IT A é~ CvJ).J¡:.- Development Agreement City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property Page 4 5.9 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 5.10 Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 5.11 Indemnification. Weyerhaeuser and the District release and agree to defend, indemnify, and hold harmless the City and all of its elected and appointed officials, and its employees and agents, from all liability, claims, appeals, and costs, including the costs of defense of any claim or appeal, arising in connection with the annexation of the Weyerhaeuser and District Property and/or this Agreement, except to the extent any liability, claim, appeal or cost results from the sole negligence of the City or its officers, agents, or employees in performance of this Agreement. 5.12 Enforcement. In the event Weyerhaeuser or the District fail to satisfy any of their obligations under this Agreement, the City shall have the right to enforce this Agreement at both law and equity, including but not limited to enforcing this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate remedy for breach. In addition, Weyerhaeuser or the District's failure to satisfy any of their obligations in this Agreement shall constitute a breach of contract and shall be grounds for termination of this Agreement by the City. 5.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 35A.14.330, RCW 36.70B.170-.21O, and RCW 39.34. 5.14 Effective Date. This Agreement shall be effective on the effective date of the City's Ordinance approving this Agreement, and the execution of this Agreement by duly authorized representatives of each party. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. FEDERAL WAY FIRE DISTRICT NO. 39 CITY OF FEDERAL WAY BY: BY: Kenneth E. Nyberg City Manager ill'..m:BIT /1. b Del.\/< Development Agreement City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property Page 5 Date: Date: Approved as to Form for Federal Way Fire District No. 39 Approved as to Form for City of Federal Way City Attorney, Londi K. Lindell ATTEST: This - day of , 1998. ATTEST: This ~ day of , 1998. Clerk N. Christine Green, CMC Federal Way City Clerk Weyerhaeuser CORPORATION By: Its: Date: Approved as to form for Weyerhaeuser Corporation K,lcdlq",dagnnl.O23 10-23-98 ANNEXATION DESCRIPTION QUADRANT RES NORTH PARCEL A: TRACTS I THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE BONNEVILLE POWER ADMINISTRATION RIGHT OF WAY, AS ESTABLISHED BY EASEMENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON; EXCEPT T~AT PORTION OF TRACTS I AND 2 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; AND EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 534586; AND EXCEPT THE SOUTH 40 FEET OF THE WEST 100 FEET OF TRACT 5 CONVEYED ':'0 THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998520. PARCEL B: THAT PORTION OF OF LOT 17, LYING SOUTHERLY OF THE PRESENT BONNEVILLE POWER ADMINISTRATION TRANSMISSION LINE RIGHT OF WAY, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON. DESCRIPTION BY W&H PACIFIC, INc. lUo v- 7'/~B DATE r / ~/¿ ¿¡A ROBERT E. WALLIS, P.LS. 18102 ,"PIR,S 2,"~OOC> I """'iT """,,1: WO'D."'" do< EXHIBIT Ii PAGE.J-- OF -1- ! ('I.' MEETING DATE: November 17,1998 ITEM# VII ~) ...."."""""....""..""""""."..""0....................................................................................................................................................................... ............................ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Ordinance adopting the "Residential South" Development h.""'.".....".."."'.h........................Ag.r:.~.~~~!!t.....................................................................................................................----..........:........ .....------ CATEGORY: BUDGET IMPACT: N/A - CONSENT _RESOLUTION ..x... ORDINANCE _STAFF REPORT _BUSINESS _PROCLAMATION - HEARING _STUDY SESSION - FYI _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .............0.................................................0........."""""""""""""""""""....0........................................................................0....--"......"'"..........",. .."""""""""" ATTACHMENTS: Proposed ordinance and development Agreement with legal description. (See accompanying staff report with attachments included with the annexation resolution "'......."'..."."'.""""'.."""'.."h.h...!:l.!?:~~!:.ç.!'.~~I?i!..Ag~~.~!!:J!e.I;I1..Y!J"."""""""""""'...."h""""""."..""""""""""'........................... SUMMARYIBACKGROUND: On 5/27/98 the City received a 10% petition from Weyerhauser (submitted by Quadrant) to annex an 18.42-acre area located north of SR-18, south of South 38th Street, and east of South 344th Street. On 7/21/98 the City Council accepted the petition and authorized circulation of the sixty percent petition. On 8/21/98 the property owner submitted a 60% petition for annexation of the subject property. A development agreement has also been proposed. City Council ... !!:~.<>'p'~i<>.11... <>.U~.e.A~:v.~.I<>'P.~e.11..t..~B!.~.e.!:'1~.I;1U~ .~IJ.~j ~~-- ~<>.--~..P.~.~ ~~..~.e.~.l;1g .~.(aA<>.p.ti.c>.I;1..<>..r~~~~e.:......... ...0... --. ... ~~~g ~ ~~~~e.~~ e.~ =~~~~e.~~ ,.. ~~;e.~~ ~~ ~ !:;~~:~..~ ~ ~ø. ~ t4t~ ~ ~~.~ ~ ..t~:.. ~.i t.~............... APPROVED FOR INCLUSION IN COUNCIL ÆV) 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 # ..:2.ó7 " ill DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE WEYERHAEUSER COMPANY. WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City of Federal Way; and WHEREAS, on May 27, 1998, pursuant to RCW 35A.14.120, the Weyerhaeuser Company, as owner of not less than ten percent (1 0%) in assessed valuation of the property proposed for annexation, as certified by the City Clerk, filed a Notice oflntention to Petition for Annexation to the City of Federal Way approximately 18.42 acres of property ("Annexation Property") contiguous to a northerly boundary of the City of Federal Way; and WHEREAS, Weyerhaeuser had already requested, on January 26, 1998, that a Comprehensive Plan and zoning designation be applied to its property; and WHEREAS,onJuly21, 1998, the City Council accepted the 10% Petition, authorized the preparation of a Petition for Annexation, required adoption of a Comprehensive Plan and zoning designation prior to or concUlTent with the annexation, and required the assumption of a pro rata proportion of existing City indebtedness by the area to be annexed; and WHEREAS, the annexation action is exempt trom all environmental review pursuant to RCW 43.2IC.222; and ORD# , PAGE I WHEREAS, on August 21, 1998, Weyerhaeuser submitted a Petition for Annexation, which has since been certified by the City Clerk, and which contains the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, during the course of the City's review of the Petition, Weyerhaeuser requested that a development agreement be prepared pursuant to RCW 36.70B.l70, to address vesting ofWeyerhaeuser's anticipated development application prior to and pending final approval of the annexation; and WHEREAS, City staff negotiated a development agreement with Weyerhaeuser, and a copy of that agreement is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, on November 17, 1998, the City Council held a public hearing, after public notice as required by law, on the proposed annexation of the subject property, and on the development agreement requested by Weyerhaeuser; and WHEREAS, on November 17, 1998, the City Council adopted Resolution No. 98- -' declaring and giving notice of its intention to annex the subject property; and WHEREAS, the City Council considered this Ordinance at its November 17, 1998 and , 1998 meetings; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of Federal Way to: (1) approve and authorize the City Manager to execute a development agreement between the City and the Weyerhaeuser Company; and (2) annex the Annexation Property NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD# , PAGE 2 Section 1. Findings. The City Council hereby finds that: A. The proposed development agreement provides for the vesting of a Weyerhaeuser development application to the City of Federal Way zoning regulations, rather than King County's zoning regulations. B. The proposed development agreement will not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan, because any development will be subject to existing Federal Way City Code provisions, including those concerning drainage, landscaping, parking, traffic, height, noise, and future use. These provisions protect the existing and potential surrounding land uses from any potential adverse impacts. C. In light of the Findings in subsections I.A - 1.B above, the proposed development agreement bears a substantial relation to the public health, safety, and general welfare of the City. Section 2. Conclusions of Law. Based on the Findings of Fact set forth in Section 1 above, the development agreement is consistent with the criteria set forth in RCW 36.70B.170. Section 3. Development Agreement. The City Council hereby authorizes the City Manager to enter into the development agreement attached as Exhibit A hereto, and to take all further and necessary action required by the development agreement. 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 other persons or circumstances. ORD# ,PAGE3 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this - day of ,1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: 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. K:\CDlORDIN\DEVELAGR. WYS ORD# , PAGE 4 »>,."""""",- After recording, return to: Federal Way City Attorney's Office 33530 1st Way S, Federal Way, WA 98003 DEVELOPMENT AGREEMENT BETWEEN CITY OF FEDERAL WAY AND WEYERHAEUSER CORPORATION This Agreement, made and entered into this - day of _,1998, by and between the Weyerhaeuser Corporation, a Washington corporation ("Weyerhaeuser"), and the City of Federal Way, Washington, a municipal corporation ("City"), on the other (collectively "the parties"» RECITALS A. Weyerhaeuser is the owner of certain undeveloped real property. ("Weyerhaeuser Property") located within King County but within the Potential Annexation Area of the City of Federal Way. The Weyerhaeuser Property is located in the vicinity of SR 18 and is specifically described in Exhibit "A" attached hereto and incorporated herein. B. Weyerhaeuser has requested that the City of Federal Way annex the Weyerhaeuser Property, and has submitted a petition requesting the same signed by the owners of more than 60% of the assessed value of the Property (60% Petition). C. The City's willingness to accept the 60% Petition, and to submit a Notice of Intention to Annex the Property to the Washington State Boundary Review Board for King County, is conditioned upon limitations on density of development or redevelopment of the Weyerhaeuser Property necessary to protect the public health, safety and welfare, D. The City has authority under RCW 36.70B.170-.210 to enter into a development agreement as part of a proposed annexation, to set development standards to govern development and use of the property to be aunexed. NOW, THEREFORE, for and in consideration of the City's acceptance of the 60% petition, the parties agree as follows: 1. Imnlementation of Al!I'eement. 1.1. Timing of Annexation> Following execution of this Development Agreement, adoption of Comprehensive Plan and zoning designations for the Weyerhaeuser Property, and the City's acceptance of the 60% Petition, the City will submit to the Washington State Boundary Review Board for King County ("BRB") a Notice ofIntent to Annex the Weyerhaeuser Property, If BRB review is not invoked or, in the alternative, if BRB review is invoked but the BRB approves the annexation, the City shall lawfully adopt an ordinance annexing the Weyerhaeuser Property. The City may, in the alternative, upon approval of the 60% Petition, simultaneously EXHIBIT .~ -/D f!:;W. ~ Development Agreement City of Federal Way and Weyerhaeuser Corporation - SR 18 Property Page 2 adopt an ordinance annexing the Property effective upon passage of forty-five (45) days or, if BRB jurisdiction is invoked, issuance of a BRB decision approving the annexation. 1.2 Vesting. The City of Federal Way acknowledges that Weyerhaeuser has the right, prior to the effective date of annexation, to apply to King County for approval of development on the Weyerhaeuser Property. The City of Federal Way and Weyerhaeuser agree, subject to the written concurrence and release of such application by King County, that Federal Way shall process any such application according to the provisions of this Agreement and the Federal Way City Code provisions in effect as of the date Federal Way deems Weyerhaeuser's application complete. Federal Way shall be entitled to recover all costs incurred in such processing. 2. General Provisions. 2.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended to protect the value of the Weyerhaeuser Property, as well as the public health, safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to the Weyerhaeuser Property and to the City from this Agreement shall run with the land and shall be binding upon Weyerhaeuser, and their heirs, successors, and assigns, and upon the City of Federal Way. 2.2. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 2.3 Recording. This Agreement shall be recorded against the Weyerhaeuser Property. 2.4. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 2.5 Authority. The City and Weyerhaeuser each represent and warrant to the other that it has the respective power and authority, and is duly authorized to execute and deliver this Agreement. Weyerhaeuser represents and warrants that it is the fee owner or contract purchaser and has authority to agree to the covenants contained herein. 2.6 Term of Agreement. This Agreement shall remain in full force and effect urness amended or terminated by the mutual agreement of the parties. 2.7 Amendment. This Agreement may be modified OIÙy by a written instrument duly executed by all parties; provided, however, notwithstanding any provisions of this Agreement to EXHIBIT /J. 10 Od.~ - Development Agreement City of Federal Way and Weyerhaeuser Corporation - SR 18 Property Page 3 the contrary, the City of Federal Way may, without the agreement of W eyerhaeuser, adopt and impose upon Weyerhaeuser Property restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. 2.8 Exhibits A and B attached hereto are incorporated herein by this reference as if fully set forth. 2.9 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 2.10 Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 2.11 Indemnification. Weyerhaeuser agrees to defend, indemnify, and hold harmless the City and all of its elected and appointed officials, and its employees and agents, from all liability, claims, appeals, and costs, including the costs of defense of any claim or appeal, arising in connection with the annexation of the Weyerhaeuser Property and/or this Agreement, except to the extent any liability, claim, appeal or cost results from the sole negligence of the City or its officers, agents, or employees in performance of this Agreement. 2.12 Enforcement. In the event Weyerhaeuser fails to satisfy any of their obligations under this Agreement, the City shall have the right to enforce this Agreement at both law and equity, including but not limited to enforcing this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate remedy for breach. In addition, Weyerhaeuser's failure to satisfy any of their obligations in this Agreement shall constitute a breach of contract and shall be grounds for tenniuation of this Agreement by the City. 2.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 35A.14.330, RCW 36.70B.170-.210, and RCW 39.34. 2.14 Effective Date. This Agreement shall be effective on the effective date of the City's Ordinance approving this Agreement, and the execution of this Agreement by duly authorized representatives of each party . IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. EXHIBIT ß bs evel }p- Development Agreement City of Federal Way and Weyerhaeuser Corporation - SR 18 Property Page 4 CITY OF FEDERAL WAY Kenneth E. Nyberg, City Manager Date: Approved as to Fonn for City of Federal Way City Attorney, Londi K. Lindell ATTEST: This - day of ,1998. N. Christine Green, CMC Federal Way City Clerk WEYERHAEUSER CORPORA nON By: Its: Date: Approved as to fonn for Weyerhaeuser Corporation K,\cdlqu,""g<Z.115 Elf1Im:::T 4 -&[yd.~ ANNEXATION DESCRIPTION QUADRANT RES SOUTH THAT PORTION OF GOVERNMENT LOT 4, SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID PORTION OF LOT 4 BEING FURTHER DESCRIBED AS BEING TRACTS 90, 91, 92 AND 116, TOGETHER WITH PORTIONS OF TRACTS 36, 37, 89 AND 117 ALL IN ¡NORTH LAKE SHORE LANDS ACCORDING TO THE UNRECORDED PLAT THEREOF AND ALSO INCLUDING ABUTTING ROAD RIGHTS-OF-WAY DECRIBED AS FOLLOWS: '\ BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE NORTH 88° 56' 13" WEST ALONG THE SOUTH LINE OF SAID SECTION 15, A DISTANCE OF 1319.91 FEET; THENCE NORTH 01° 04' 58" EAST, A DISTANCE OF 497.62 FEET, TO THE NORTH LINE OF SAID TRACT 117; THENCE SOUTH 87° 56' 28" EAST, ALONG THE SAID NORTH LINE, A DISTANCE OF 8.17 FEET; THENCE NORTH 02° 03' 32" EAST, ALONG THE WEST LINE SAID TRACT 89, A DISTANCE OF 2 I 0.00 FEET, TO THE SOUTH MARGIN OF THE COUNTY ROAD, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 2596483, KNOWN AS ROY B. MISENER COUNTY ROAD; THENCE SOUTH 87° 56' 28"EAST, ALONG SAID SOUTH MARGIN, A DISTANCE OF 16.72 FEET, TO A POINT OF CURVATURE OF SAID SOUTH MARGIN; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADillS OF 348.46 FEET, THROUGH A CENTRAL ANGLE OF 60° 00' 38", AN ARC LENGTH OF 364.97 FEET TO THE INTERSECTION WITH THE EAST LINE OF A SAID PARCEL OF LAND, ALSO KNOWN AS SAID TRACT 36; THENCE SOUTH 00° 58' 32" WEST, A DlSTANCEOF 124.31 FEET, TO THE SOUTH LINE SAID TRACT 36 TO THE SOUTHERLY CORNER COMMON TO TRACTS 36 AND 37; THENCE NORTH 87° 56' 28" WEST, ALONG THE SOUTH LINE OF SAID TRACT 37, A DlST ANCE OF 13.01 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY EXTENSION OF THE LINE COMMON TO TRACTS 92 AND 93; THENCE SOUTH 26° 55' 03" EAST ALONG SAID EXTENSION AND LOT LINE, A EXHIBIT A- ~ tflvd f'5r. PAGE...¡~~°F 2-- DISTANCE OF 297.20 FEET TO THE NORTH LINE OF TRACT 117; THENCE SOUTH 87° 56' 28" EAST, ALONG LAST SAID NORTH LINE, A DISTANCE OF 130.00 FEET, TO THE WEST LINE OF SAID TRACT 116; THENCE NORTH 01° 04' 58" EAST, ALONG LAST SAID WEST LINE, A DISTANCE OF 169.11 FEET, TO THE NORTH LINE OF SAID TRACT 116; THENCE SOUTH 880 59' 16" EAST, ALONG LAST SAID NORTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 730.00 FEET, TO THE EAST LINE OF SAID GOV~RNMENT LOT 4; THENCE SOUTH 01° 04' 58" WEST ALONG SAID EAST LINE, A DISTANCE OF 657.12 FEET, TO THE POINT OF BEGINNING. DESCRIPTION BY W&H PACIFIC, INC. ~i LSZ;L¡;::~ M7v' ~ /9'", DATE '.\PROJECTI]"'OOOJ\WORD\^"",R~"" EXHIBIT A. -þ; fÞ:d.A;:r. PAGE~__OF ~ MEETING DATE: November 17,1998 ITEM# 7l7T: U ') """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""'".......................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ... ~ Y..~~~ ç.!.;... .............. Q.!". ~ ~ ~~. ~ ~ ~.. ~.Il..Il.. ~ !,i.ll.. g..! 11.. ~.. '.~ ~ ~!J. ~ ~ ~.11. ~ ~.~.. N.(), .~ ~ ~'...~ .~.(), p ~~ .. .. ........... ... CATEGORY: BUDGET IMPACT: NIA _CONSENT _RESOLUTION x....ORDINANCE _STAFF REPORT - BUSINESS - PROCLAMATION - HEARING _STUDY SESSION -FYI OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..""""""""""""""""""""""""""""""""""""""""""""""""""""""""" ................................................................................. .............................. ATTACHMENTS: Proposed annexation ordinance, map, and legal desription of the annexation area. (Staff report is attached to the annexation resolution included under Council Agenda ...................................................J!.!:l!l...Y.I.,J............................................................................................................. ..."""""""""""""""""" """"" SUMMARYIBACKGROUND: On 5/27/98 the City received a 10% petition ITom Weyerhauser (submitted by Quadrant) to annex a 17.8-acre area located north of South 320th Street, east ofI-5, and west of Military Road. On 7/21/98 the City Council accepted the petition with boundary modification and consideration of a development agreement for the site, and authorized circulation of the sixty percent petition. On 8/21/98 the property owner submitted a 60% petition for annexation of the subject property. ...ç.!?1;!.Il~.~..~~!?Pßg.Il..!?rtl1.!:..~.!:J!:.~~\<?Il.. p'~i~i.()Il.J~. ~\J.~jc:.()~. ~!?.!I: .Ç.it.Y...Ç.()\J.Il.()i.I.p.'!:~.~~..I1.!:lI!Ì.llg :......... ................. ................... CITY MANAGER RECOMMENDATION: Move the attached ordinance annexing the property, ~;:~:~;;;;'Z~;%~~,;:~"""~; ..~e.Yi!:~..l3.g!l:~~..Q3.~A!~/ð~ïl;ill.!L... PAC~T: ~ (BELOW TO BE COMPLETED BY CIlY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION# ~'ý ORDINANCE NO. 98-- DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 18.94 ACRES LOCATED BETWEEN SOUTH 320TH STREET, INTERSTATE 5, MILITARY ROAD, AND SOUTH 316TII STREET. WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City of Federal Way; and WHEREAS, on May 27, 1998, pursuant to RCW 35A.14.120, the Weyerhaeuser Company, as owner of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as certified by the City Clerk, filed a Notice ofIntention to Petition for Annexation to the City of Federal Way approximately 18.94 acres of property contiguous to the north boundary ofthe City of Federal Way; and WHEREAS, Weyerhaeuser had already requested, on January 26, 1998, that a Comprehensive Plan and zoning designation be applied to the property; and WHEREAS, the Federal Way Fire District is the owner of property adjacent to the property Weyerhaeuser seeks to have annexed by the City; and WHEREAS, the City Council detennined to add the Fire District property to the annexation area, and WHEREAS, on July 21, 1998, the City Council accepted the 10% Petition, authorized the preparation of a Petition for Annexation as modified by addition of the Fire District Property, required adoption of a Comprehensive Plan and zoning designation prior to or concurrent with the ORD #_, PAGE 1 annexation, required the assumption of a pro rata proportion of existing City indebtedness by the area to be annexed, and required preparation of a development agreement pursuant to RCW 36.70B.170; and WHEREAS, the annexation action is exempt from all environmental review pursuant to RCW 43.21c.222; and WHEREAS, on August21, 1998, Weyerhaeuser submitted a Petition for Annexation, which the City Clerk has certified as containing the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, the area sought to be annexed ("Annexed Property") is legally described in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein by reference; and WHEREAS, on November 17, 1998, the City Council held a public hearing, after public notice as required by law, on the proposed annexation of the subject property, and on the proposed development agreement between the City, Weyerhaeuser, and the Fire District; and WHEREAS, on November 17, 1998, the City Council adopted Resolution No. 98-_, declaring and giving notice of its intention to annex the subject property; and WHEREAS, on , 1998, the City Council, by Ordinance No. 98-_, approved and authorized the City Manager to enter into a development agreement with the Weyerhaeuser Company and the Federal Way Fire District; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of Federal Way to annex the subject property; ORD #_, PAGE 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDC:zAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Annexation. The City of Federal Way hereby annexes approximately 18.94 acres located between Interstate 5, Military Road, South 320th Street, and South 3l6th Street, as legally described and depicted in Exhibits A and B attached hereto and incorporated by this reference. The Annexed Property shall become a part of the City of Federal Way, Washington, as of the effective date of this Ordinance, subject to laws and ordinances, regulations and plans of the City, as they now exist or may hereafter be amended or adopted. Section 2. Indebtedness. The Annexed Property shall assume its pro rata share of existing City indebtedness, and shall be assessed and taxed at the same rate and on the same basis as other property within the City to pay for any and all outstanding indebtedness of the City approved by the voters, contracted for or incurred prior to or existing as of the effective date of this Ordinance. Section 3. Filing. The City Manager and/or his designee is directed to file forthwith a copy of this Ordinance, duly certified as a true and correct copy, with the County Council of King County, pursuant to RCW 35A.14.140. 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 other persons or circumstances. ORD#_,PAGE3 Section 5. D~tification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 6. Effective Date. This ordinance shall take effect and be in force 45 days after the date on which the Notice ofIntention to Annex is filed with the Washington State Boundary Review Board ("BRB")for King County pursuant to Resolution No. 98-_, ifno person or entity invokes the jurisdiction of the BRB, or on the effective date of BRB approval of the annexation if BRB jurisdiction is invoked. PASSED by the City Council of the City of Federal Way this - day of ,1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: 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. K:\CDlORDINIANNEXWEYH ORD#_, PAGE 4 ANNEXATION DESCRIPTION QUADRANT RES NORTH PARCEL A: TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE BONNEVILLE POWER ADMINISTRATION RIGHT OF WAY, AS ESTABLISHED BY EASEMENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON; EXCEPT T~AT PORTION OF TRACTS 1 AND 2 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; AND EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 534586; AND EXCEPT THE SOUTH 40 FEET OF THE WEST 100 FEET OF TRACT 5 CONVEYED TO THE ST ATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998520. PARCEL B: THAT PORTION OF OF LOT 17, LYING SOUTHERLY OF THE PRESENT BONNEVILLE POWER ADMINISTRATION TRANSMISSION LINE RIGHT OF WAY, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON. ~/¿ Ú~ ROBERT E. WALLIS, P.LS. 18102 No ¡)A 7,1'7'?ß DATE r / DESCRIPTION BY W&H PACIFIC, INe. EXPIRi< 2,', 7ooc> I eRO"'T "SlO'~' WORD."""oc EXIlIBIT It 551560- 4 0006 0010 00'6 0020 """6 0026 8. 320th 81. FEDERALlwA Y CITY ILiMITS I~ ;;: j ~ ;;: t1 M ~ 13 12 0036 11 10 0037 0000 FIRE SlAT/aN Á .... Residential North Annexation To the City of Federal Way Parcel Map Legend: -.. Federal Way City Limits Annexation Area Boundary CJ CJ Annexation Area City of Federal Way Vicinity Map 6 7 Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet lJ8...-..¡-"4¡ ~[;, .& (2JD)~N ~~ = GIS DIVISION lus6rs/mikesJprojectJannexJbrb1v.aml MEETING DATE: November 17,1998 ITEM# ~ (j ) ........................................................................ ........................................................................................... ...................,............................ CITY OF FEDERAL WAY City Council AGENDA ITEM ... ~ Y..~~ ç T.;................. Q. ':: ~ ~ ~ ~.~. ~ ~.. A.~.~. ~:x.. i. ~.gJ~.~... ~.~ ~ ~~. ~ ~ ~ ~ !i..1i. ~.. ~.~.lI. ~ ~.'~ .. ~. ':: ~ P. ~ ~!Y................... CATEGORY: BUDGET IMPACT: N/A _CONSENT _RESOLUTION X-ORDINANCE _STAFF REPORT _BUSINESS _PROCLAMATION _HEARING _STUDY SESSION _Ffl _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................,. ..............."""""""""""""""'" ATTACHMENTS: Proposed annexation ordinance, map, and legal desription of the annexation area. (Staff report is attached to the annexation resolution included under Council Agenda ...................................................)t.¡:~..yr.1.................................................................................................... ..........................""""""""" """""" SUMMARYIBACKGROUND: On 5/27/98 the City received a 10% petition trom Weyerhauser (submitted by Quadrant) to annex an 18.42-acre area located north of South 320th Street, east ofI-5, and west of Military Road. On 7/21/98 the City Council accepted the petition and authorized circulation of the sixty percent petition. On 8/21/98 the property owner submitted a 60% petition for annexation of the . .. ~~ ~I~.. PE ~ P.~!!Y.:... ç <>. ~.'! ~.il.. ¡¡ ~ (). pt i.<> II.. ~r.tl1.~.. ¡¡tyl ¡:?\: ¡¡ ~ i <>'11. . P. C?t.i ~i.<>.fI..\ ~ ..~.I:I. ~ j ~C:~. ~ (). . <I. . Çi ~Y... ç().I:I.11. c: i.l. P. ~ ~.Ii ~.11. ¡:~I1.8:........... CITY MANAGER RECOMMENDATION: Move the attached ordinance annexing the property, =:;~";'~~;;~~~:~~~~~,¡~~~~J.~), '/fQð7Qt,... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # '-~ó/ DRAFT ORDINANCE NO. 98-- AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 18.42 ACRES GENERALLY LYING SOUTHEAST OF NORTH LAKE, NORTH OF SR - 18, AND BETWEEN SOUTH 344T11 STREET AND SOUTH 336T11 STREET AT THE SOUTHERN TERMINUS OF 38TH AVENUE SOUTH. WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City of Federal Way; and WHEREAS, on May 27, 1998, pursuant to RCW 35A.14.120, the Weyerhaeuser Company, as owner of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as certified by the City Clerk, filed a Notice of Intention to Petition for Annexation to the City of Federal Way approximately 18.42 acres of property contiguous to a northerly boundary of the City of Federal Way; and WHEREAS, Weyerhaeuser had already requested, on January 26, 1998, that a Comprehensive Plan and zoning designation be applied to the property; and WHEREAS, on July 21, 1998, the City Council accepted the 10% Petition, authorized the preparation of a Petition for Annexation, required adoption of a Comprehensi ve Plan and zoning designation prior to or concurrent with the annexation, and required the property to be annexed to assume its pro rata portion of existing City indebtedness; and WHEREAS, the annexation action is exempt from all environmental review pursuant to RCW 43.2IC.222; and ORD#_,PAGE I WHEREAS, on August 21, 1998, Weyerhaeuser submitted a Petition for Annexation ("60% Petition"), which has been certified by the City Clerk as containing the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, the property sought to be annexed ("Annexed Property") is legally described in Exhibit A and depicted on Exhibit B, both of which are attached hereto and incorporated herein by reference; and WHEREAS, on November 17, 1998, the City Council held a public hearing, after public notice as required by law, on the proposed annexation of the subject property, and on a proposed development agreement between the City and Weyerhaeuser; and WHEREAS, on November 17, 1998, the City Council adopted Resolution No. 98-_, declaring and giving notice of its intention to annex the subject property; and WHEREAS, on , 1998, the City Council, by Ordinance No. 98-_, approved and authorized the City Manager to enter into a development agreement with the Weyerhaeuser Company; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of Federal Way to annex the subject property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Annexation. The City of Federal Way hereby annexes approximately 18.42 acres generally lying southeast of North Lake, north ofSR 18, and between South 344'" Street and South 336'" Street at the southern tenninus of 38th Avenue South, as legally described and depicted in Exhibits A and B. The Annexed Property shall become a part of the City of Federal ORD #_, PAGE 2 Way, Washington, as of the effective date of this Ordinance, subject to laws and ordinances, regulations and plans of the City, as they now exist or may hereafter be amended or adopted. Section 2. Indebtedness. The Annexed Property shall assume its pro rata share of existing City indebtedness, and shall be assessed and taxed at the same rate and on the same basis as other property within the City to pay for any and all outstanding indebtedness of the City approved by the voters, contracted for or incurred prior to or existing as of the effective date of this Ordinance. Section 3. Filing. The City Manager and/or his designee is directed to file forthwith a copy of this Ordinance, duly certified as a true and correct copy, with the County Council of King County, pursuant to RCW 35A.14.I40. Section 4. Severabilitv. 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 other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force 45 days after the date on which the Notice ofIntention to Annex is filed with the Washington State Boundary Review Board ("BRB")for King County pursuant to Resolution No. 98-_, if no person or entity invokes the jurisdiction of the BRB, or on the effective date of BRB approval of the annexation if BRB jurisdiction is invoked. ORD #_, PAGE 3 PASSED by the City Council of the City of Federal Way this - day of ,1998. CITY OF FEDERAL WAY MA YOR, RON GINTZ ATTEST: 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. K:\CDlORDIN\ANNEXWEYS ORD #_, PAGE 4 ANNEXATION DESCRIPTION QUADRANT RES SOUTH THAT PORTION OF GOVERNMENT LOT 4, SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID PORTION OF LOT 4 BEING FURTHER DESCRIBED AS BEING TRACTS 90, 91, 92 AND 116, TOGETHER WITH PORTIONS OF TRACTS 36, 37, 89 AND 117 ALL IN ¡NORTH LAKE SHORE LANDS ACCORDING TO THE UNRECORDED PLAT THEREOF AND ALSO INCLUDING ABUTTING ROAD RIGHTS-OF-WAY DECRIBED AS FOLLOWS: \ BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE NORTH 88° 56' 13" WEST ALONG THE SOUTH LINE OF SAID SECTION 15, A DISTANCE OF 1319.91 FEET; THENCE NORTH 01° 04' 58" EAST, A DISTANCE OF 497.62 FEET, TO THE NORTH LINE OF SAID TRACT 117; THENCE SOUTH 87° 56' 28" EAST, ALONG THE SAID NORTH LINE, A DISTANCE OF 8.17 FEET; THENCE NORTH 02° 03' 32" EAST, ALONG THE WEST LINE SAID TRACT 89, A DISTANCE OF 210.00 FEET, TO THE SOUTH MARGIN OF THE COUNTY ROAD, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 2596483, KNOWN AS ROY B. MISENER COUNTY ROAD; THENCE SOUTH 87° 56' 28"EAST, ALONG SAID SOUTH MARGIN, A DISTANCE OF 16.72 FEET, TO A POINT OF CURVATURE OF SAID SOUTH MARGIN; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 348.46 FEET, THROUGH A CENTRAL ANGLE OF 60° 00' 38", AN ARC LENGTH OF 364.97 FEET TO THE INTERSECTION WITH THE EAST LINE OF A SAID PARCEL OF LAND, ALSO KNOWN AS SAID TRACT 36; THENCE SOUTH 00° 58' 32" WEST, A DISTANCEOF 124.31 FEET, TO THE SOUTH LINE SAID TRACT 36 TO THE SOUTHERLY CORNER COMMON TO TRACTS 36 AND 37; THENCE NORTH 87° 56' 28" WEST, ALONG THE SOUTH LINE OF SAID TRACT 37, A DIST ANCE OF 13.01 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY EXTENSION OF THE LINE COMMON TO TRACTS 92 AND 93; THENCE SOUTH 26° 55' 03" EAST ALONG SAID EXTENSION AND LOT LINE, A EXII!BlT 4 DISTANCE OF 297.20 FEET TO THE NORTH LINE OF TRACT 117; THENCE SOUTH 87° 56' 28" EAST, ALONG LAST SAID NORTH LINE, A DISTANCE OF 130.00 FEET, TO THE WEST LINE OF SAID TRACT 116; THENCE NORTH 01° 04' 58" EAST, ALONG LAST SAID WEST LINE, A DISTANCE OF 169.11 FEET, TO THE NORTH LINE OF SAID TRACT 116; THENCE SOUTH 88° 59' 16" EAST, ALONG LAST SAID NORTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 730.00 FEET, TO THE EAST LINE OF SAID GO~RNMENT LOT 4; THENCE SOUTH 01° 04' 58" WEST ALONG SAID EAST LINE, A DISTANCE OF 657.12 FEET, TO THE POINT OF BEGINNING. DESCRIPTION BY W&H PACIFIC, INC. RõB~~L~L~'¿¿' ~¿I 'l /9'18 DATE 1.\PROJEcn""OOOIIWORI>lAMn"""" -"":""'i. ,,\;¡!\!f;:¡;, " ¡ L "'C7 ,~\t;f~~:I';!"it'"¡'~::{:¡;(";'~~<' ,,\,""'C'~."'T.'" ì ! î . I , I !" :'to'. .. , ç , ¡ 30 101 114 100 x A B NORTH LAKE SHORELANDS 117 116 0186 0636 .""",..,- .--- ..-.- ",__NOW. FEDERAL WAY CITY LIMITS -- Residential South Annexation To the City of Federal Way Parcel Map Legend: - . . Federal Way City Limits Annexation Area Boundary CJ Annexation Area CJ Cityot Federal Way Vicinity Map Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet 1J8_- -J""'4¡ _ß êQJ~ N . = GIS DIVISION lusers/mikos/projecVanne.., .,.aml ...M.J!:..J!:.:n.~.G...!:>.~.!.J!:..:....~.!!.Y.~!!!Þ..~!).7.,)2.~~................................................. n::~M.!# J!iL YJ-........................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ...§. Y..~ Ç!.:... Q!'. ~ ~.!! ~ ~£ .1::.. ~ ~.I::~. ~~ .~.g. .I.~.~... ':". ~! ~..g. ~.. ~g. ~ ~.~.~.. ç ~.r.. ~.. ç .~. ~.I::~.......................................... CATEGORY: BUDGET IMPACT: $150.000/yr. in revenue - CONSENT RESOLUTION Amount Budgeted: $ X ORDINANCE STAFF REPORT Expenditure Amt: $ - BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ....................................................................................................................................................................................................... .......................................................................... ATTACHMENTS: A draft ordinance revising the applicable tax rate on social card games in card rooms and expanded card rooms ITom II % to 20%. Also correcting a clerical error exempting the first $10,000 in ... S~.~.~~.. ~ ~~.~.~P.!~ ..!:'!:~~ ..~~ ~~.~.~!!l...~~.!.~~.t~ ~.~ :......... ............. ....... ................... .......... ......................................... ........................ .................................................. ....8.. Y. M.~. ~ Y(!I. ~ç. ~ç ~Q Y..N:,I>,.:....ç ~!:!:'l. ~!.1.. ¡¡P.P.E!? Y. ~ ~..!.??? ~~ 999... ~ !.e.!J!li.. ~ ).Il.~. g, ~.t..!.e. Y. e.1I;1l.~.. P.E 9.P.!? .~. ~:......................... CITY MANAGER RECOMMENDATION: Council to review and advance the attached ordinance ~~~~:-~~~~~~:~~~:n~~~~~~I~~~~~~:;~___j£~Æ/~- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED _DENIED - T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # ;;¿Ió Klfinll»omi""o~oJ\GBTXAGDA.OOC CCCOVER.5I"!9' DRAFT ORDINANCE NO. 98- AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 14, SECTION 14-144 REGARDING THE TAX RATE ON SOCIAL CARD GAMES (AMENDS ORDINANCES 90-15, 90- 44,96-279, AND 97-301) WHEREAS, Chapter 9.46.110 of the Revised Code of Wahsington allows local jurisdictions to tax social card games at a rate up to twenty-percent (20%); and WHEREAS, after due deliberation and consideration, the City Council has determined that it is in the best interests of the citizens of the City of Federal Way to apply the allowed rate to such social card games as defined in 9.46.0281 and as amended hereafter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Amendment. The Section 14-144 of Federal Way City Code ("FWCC") shall be amended as follows: Sec. 14-144. Tax on gambling activities. (a) In accordance with RCW 9.46.110, there is levied upon all persons a tax on every gambling activity permitted by this division at the following rates: (I) Any bingo or raffie activity shall be taxed at a rate often percent of the gross receipts from a bingo game or raffle less the amount awarded as cash or merchandise prizes; (2) An amusement game shall be taxed only at a rate sufficient to pay the actual costs of enforcement of the provisions of this division and RCW ch. 9.46 and such taxation shall not exceed two percent of the sum of the gross receipts from the amusement game less the amount awarded as prizes; (3) Any punchboard or pull-tab activity for bona fide charitable or nonprofit organizations shall be at a rate often percent on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes. Taxation of punch boards or pull-tabs for commercial stimulant operators shall be at a rate of five percent on gross receipts from the operation of the games; (4) Any social card game at a rate of H 20 percent of the annual gross receipts eJæeedilfg 11 (), (}(}(). (}(); (5) Fund-rasing activities at the applicable rates specified above. Provided, no tax shall be imposed pursuant to this section on bingo, amusement games or fund-raising activities when such activities or any combination thereof are conducted by a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209, which organization has not paid operating or management personnel and has gross receipts from bingo, amusement games, or fund-raising activities or any combination thereof not exceeding $5,000.00 per year less the amount awarded as cash or merchandise prizes. No tax shall be imposed on the first ten thousand dollars of gross receipts less the amount awarded as cash or merchandise prizes from raffies conducted by any bona fide or charitable organization. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD. No. 98-_, Page 2 Section 4. Severabilitv. 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 other persons or circumstances. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days ITom the time of its final passage, as provided by law. day of PASSED by the City Council of the City of Federal Way this , 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: 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. K\fm\b¡<nni~"o=,iI\GAMBTX98 DOC ORD. No. 98-_, Page 3 ...M.lj;.lj;I!.Ng..PA:rlj;.:....N.(.v.~!!!~~~.J.!.!..!22t................................................!II!:..M.~~ ~ ' ) ........................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ... §.Y..~. Ç! .:... Q!". ~~. ~ ~ ~£.<::.. ~.~.! ~.~ ~ ~~.~ ~ ."'K ~.. ~.«:». ~ g~ ."'K !.~. ~ ..A. ~ ~.~ .«:». ~Y... ç Q .'!1. ~.i !t.~. ~.................... CATEGORY: BUDGET IMPACT: - CONSENT RESOLUTION Amount Budgeted: $ ..L ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ......................................................................................................................................................................................""""""'.""""""""" """""""""""""""""""""""""""....... AITACHMENTS: A draft ordinance establishes a Lodging Tax Advisory Committee to review and ... ~1?1!I:P..~!l.~ ..1?!l...t.~.~..P. ~I?P..C>. ~1Il...I?!l... ~11. ~..i.111. P..C>. ~ i.t~I?!l...1? f<l.. .1. ~..11.1? ~ ~ 1/.111..(). ~ ~.l..t.~ ..P.lJ.~.s.tI. <I.l1t.. ~ I?.. ç.I1.<I.P. t.~.r.. ~ T. ~ ~.. ~ ç ~ :..... SUMMARYIBACKGROUND: City Manager 1999/2000 biennial budget revenue proposal as amended ...ÞY...~.I1.~..çl?':l.I1.c.!.L......................................................""""""""""""""""""""""""""""""""""""""""""""""""'"..... """""""""""""""""" CITY MANAGER RECOMMENDATION: Council to review and advance the attached ordinance ;;~~~~~:':~~::;~:'~~~:~~l;;~~~~g......;?¿¡ß¡~----- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # d--/! K\finIbi_oool\l.GTXAGDA.OOC CCCOVER-5/24194 DRAFT ORDINANCE NO. 98b AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A LODGING TAX ADVISORY COMMITTEE. WHEREAS, the State Legislature has passed SSB 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals some previous lodging tax authority but also adds new lodging tax authority, amended and added to Chapter 67.28 RCW; and WHEREAS, SSB 5867 requires that, in cities with a population over 5,000, any new imposition, increase, repeal of an exemption, or a change in the use of the revenue received trom a lodging tax enacted under Chapter 67.28 RCW be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance offinal action on the lodging tax by the City; and WHEREAS, to authorize the imposition of a lodging tax it is deemed to be in the best interests of the City that a lodging tax advisory committee be created and that a proposal be submitted to this committee regarding implementation of the lodging tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section I. There is hereby created a City of Federal Way Lodging Tax Advisory Committee, to serve the functions prescribed in Chapter 67.28 RCW. Section 2. The membership of the Lodging Tax Advisory Committee shall be appointed by the City Council, and shall consist offive members: one member shall be an elected official of the city who shall serve as the chair, two members shall be representatives of businesses Ord. No. 98--> Page I required to collect the tax, and two members shall be persons involved in activities authorized to be funded by revenue received from the tax. Section 3. All members of the Committee shall serve a two-year term, except that the initial Committee shall have one member representing the lodging industry and one member representing organizations receiving the funds serve a one-year term in order to establish a staggered term of the office. Section 4. Each member of the Committee, including the Chair, shall be entitled to one vote on Committee joint comments and recommendations to the Council. Individual dissenting or concurring comments may also be forwarded to the Council. Section 5. The Council may review the membership of the Committee annually, and make such changes as the Council may deem appropriate. The total number of members may be increased or decreased at the time of the annual review, by motion of the Council duly adopted, but the number of members shall not be less than five. Section 6. The City Council shall submit to the Lodging Tax Advisory Committee, for its review and comment proposals on: A. The imposition of a tax pursuant to Chapter 67.28 RCW; B. Any increase in the rate of such a tax; C. Repeal of an exemption from such a tax; or D. A change in the use of the revenue received from such a tax. The City Council shall submit such proposals to the Committee at least 45 days before taking final action on any such proposal. Comments by the Committee should include an analysis of the extent to which the proposal will accommodate for tourists or increase tourism, and the extent to which the proposal will affect the long-range stability of the special fund created Ord. No. 98-~ Page 2 for the lodging tax revenues. The recommendation by the Committee to the City Council shall be a nonbinding recommendation. Section 7. The Committee may establish administrative procedures for the conduct of meetings, voting, review, analysis, and preparation of comments. Each member ofthe Committee, including the Chair, shall be entitled to one vote on the Committee joint comments and recommendations to the Council. Individual dissenting or concurring comments may also be forwarded to the Council. Section 8. This ordinance shall take effect immediately upon passage. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, at a Regular Meeting thereof this 17th day of November, 1998. 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 EFFECTIVE DATE PUBLISHED ORDINANCE NO. 98- K: IFIN\bienniallCOUN C IL IHTELC MTT. DOC Ord. No. 98-_, Page 3 MEETING DATE: November 17,1998 ITEM# ~ <4 J """"""""""""""""""""""""""""""""""""""""""""""""'".....................................................................................................,........................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ...~y"~.~ç.!.:...Ç~!Y..M!l..~.!l.g~.t:"...~.~.!l..t:".c:..II:..~.t:".«>..~.~.~.~ ............................................ .......................... ...... ........................... ........ CATEGORY: BUDGET IMPACT: - CONSENT _ORDINANCE X BUSINESS _HEARING -FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ....................................................................................................................................................................................................... ............................................. ATTACHMENTS: Memorandum from the City Manager dated November 9, 1998 providing ...~~.~.a.~I.~..I.'.~~!.!!l.~..~r~~I~.c.~!.I.'.!l...P."'~~.~~~.....................................................................................................................................,... .................... SUMMARYIBACKGROUND: At the November 3, 1998 City Council meeting, the City Manager preJeuted a memo out1lnlng a pmpoaed proceal for city manager oeledlo... Councllmember Jack Dovey requeoted a more detailed outline of the lelectlon procelL The attached memo from tbe City Manager to the City Council, dated 11/9198, an_en queotlonl ...1l.~~.P',-",-!i.~.~..~~.~..!!~..!I...!:!q,!!~.~~.................................................................................................................................................... .................. ... q!X. çJ~.~.g!-,..ÇQ ~J!:.J!:...~. ÇQ~@' ~.!IQ ~.,.~! ~......... ...................................... ........................................................... . ... ~~~ ~~~ ~ ~:.: ~~:=:.: ~~ ~~~.~; ¡;:::..: ~.: jt)pe7J t;JZ.. ~.~. ~~:.~: :~~.~. ~:. ~: ~.~~ ~ . ~~.~..... APPROVED FOR INCLUSION IN COUNCIL PACKET: (/1))) (BELOW TO BE COMPLETED BY CI1Y CLERK'S OFF1CE) COUNCIL ACTION: _APPROVED _DENIED - T ABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC.5/14I96 ~ERAL ~~ DATE: November 9,1998 TO: City Council FROM Kenneth E. Nyberg, City Manager SUBJECT: City Manager Selection Process Council member Jack Dovey requested a more detailed outline of the City Manager selection process provided in my October 28,1998, memorandum to the City Council. This memoral"dum provides the detail he requested and includes traditional responsibilities of staff, the Council, and consultant that are carried out throughout the process. First Step (November & December - 1998) This step retains a consultant to identify the qualities and temperament for a new City Manager. Data collected is developed by the consultant into a profile used to test applicants in the third step of the selection process. This work is best done by a separate firm than the one selected for the search process to enhance objectivity and preclude corporate self interest. In detail, the first step includes the following: Staff develop the scope of work of the consultant City Council approves scope of work and consultant(s} to be considered Staff invite appropriate consultant(s} to submit proposal(s} Council reviews proposal(s} and select the best consultant after interview(s} Staff negotiates contract with the consultant and provides same to Council Council approves consultant contract Consultant carries out approved scope of services Consultant interviews all City Council members Consultant derives desired qualities and temperament of the new City Manager Consultant works with the City Council to gain consensus on the qualities and temperament Consultant converts the data onto a profile for later testing Consultant provides written summary report to City Council Second Step (January through May -1999) This step requires hiring a firm that actually conducts the search for a new City Manager. This includes the following: A. Select search consultant (January & February -1999) Council directs and staff prepares a scope of work of the consultant City Council approves scope of work Staff invite consultants to submit proposals City Council reviews proposals and selects the best consultant(s) City Council personally interviews consultant(s) and selects the best qualified Staff negotiate contract with the consultant Council approves consultant contract B. Consultant conducts search (March through May - 1999) Consultant advertises the position Consultant collects resumes Consultant carries out the first screening of applicants based on Council criteria derived in the First Step above Consultant selects the best of about 15 applicants and researches their backgrounds Consultant summarizes research and resumes of the about 15 applicants Consultant meets with the City Council to review 15 applications and decide: - The best candidates to interview (approximately 6) - The interview process, including how the community is to be involved - Preliminary agreement terms Consultant visits the work place of all final candidates and conducts detailed background investigations Consultant reports to the City Council to review findings and confirm final candidates to be interviewed Third Step (June & July - 1999) This includes the following interview and candidate selection steps: City Council interviews the about 6 candidates Council determines community events to introduce the candidates City Council selects the best candidate Consultant negotiates the agreement with the best candidate City Council approves the agreement Staff processes final payment to consultant for services Final Step (August & September - 1999) The new City Manager gives notice to present employer, completes present job and moves to Federal Way and establishes residence. Orientation to staff and community; outgoing City Manager departs September 30, 1999, and incoming City Manager takes office October 1,1999. NYBERG.98....nsit.mom ... M.~.~.TJ~.G. ..P..~ :r..~.: ....~.!'. Y.~!!1!1.~ r..!.? L ~~.~ ~.................................... ............ n:: I!:. ~ ~ r!"71T: a) ......................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ...~ Y..~. Ç.!.;... ~~.~P~ ~.~ ~ s..~. ~ ~ g.~.. ~.!!.. ~.~ ~ ~.Il.. ~.~.~...!:-. ~ .~~.!! ~ ~.. f ~ .~~....................................... .................................. .. CATEGORY: BUDGET IMPACT: $40,000/yr. in revenue - CONSENT RESOLUTION Amount Budgeted: $ - ORDINANCE STAFF REPORT Expenditure Amt: $ L BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ....................................................................................................................................................................................................... ............................................................................ ATTACHMENTS: Proposed changes in business license registration fees pursuant to 1999/2000 budget ....~~~.I?!:!~.~i.o..!l.:.............................................................................................................................................................................. ..................................................................... SUMMARYIBACKGROUND: City Manager 1999/2000 biennial budget revenue proposal as amended ...~y'..ç~!:!JC1.~i.L.................................................................................................................................................................................. ...................................................... CITY MANAGER RECOMMENDATION: Council to review the revised business fee proposal and ¥i~!~~~;~a:~~:=i;~=~:?~:.~~-;~':.trJ¥l'.'.t~:.t~. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED TABLED/DEFERREDINO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # K.Ifin-~ciMLAGDA.DOC CCCOVER-5124/94 DRAFT PROPOSED BUSINESS LICENSE FEE AMENDMENT SECTION THREE. BUSINESS REGISTRATION. General Business License: New business, all categories, unless otherwise identified herein Heme Os61iJatiea Heme Os61iJatiea Reaewal Duplicate Registration (replacement) TeffiJÐfafj Blisiaess Lieease License Renewal, all categories, unless otherwise identified herein ~ :£ ]5.99 :£ 15.00 $ 15.00 :£ 25.00 ~ $ 50.00 $25.00 Business Establishments Authorized by the State Gambling Commission to Operate Social Card Games and/or Expanded Card Room Activities: New business, Expansion, or Change of Ownership $500.00 Renewal $100.00 Restaurants and Taverns Authorized to sell Spirit, Beer, and Wine or Beer and Wine only, by the drink for on-premises consumption: . Restaurants as defined under to RCW 66.24.410(2) and licensed under RCW 66.24.400 (Spirits, Beer, and Wine Restaurant License) and with less than 50% in dedicated dining area; . Taverns pursuant to RCW 66.24.330 (Tavern License) New, Expansion, or Change of Ownership: Renewal $500.00 $ 25.00 Adult Entertainment Establishments: New, Expansion, or Change of Ownership Renewal $500.00 $100.00 Failure to pay any registration fee due within thirty (30) days after the day on which it is due and payable shall result in a penalty of five (5%) percent on the amount of the registration fee, and an additional penalty of five (5%) percent for each succeeding month of delinquency or part thereof, but shall not exceed a total penalty of twenty (20%) percent ofthe amount of such registration fee in any event. Note: Proposed changes are in italic. MEETING DATE: November 17,1998 ITEM#~(@) ....................................................................................................................................................................................................... ............................................. CITY OF FEDERAL WAY City Council AGENDA ITEM ...§y'.~.~Ç.I:...Ç,~.~.~.t:~!.~..~.~...~.Il..g..Ç,C>.~ ~.9'....~~~g~,(...... ........... ....... ........................................................... CATEGORY: BUDGET IMPACT: - CONSENT - ORDINANCE _x BUSINESS _HEARING -FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ....................................................................................................................................................................................................... ............................................. ATTACHMENTS: None ....................................................................................................................................................................................................... ...................................... SUMMARYIBACKGROUND: The 1999 King County Budget has propOiaho that efeet Federal Way. ....................................................................................................................................................................................................... ............................................. CITY COUNCIL COMMITIEE RECOMMENDATION: N/A ....................................................................................................................................................................................................... ........................................ ... ~;~ ~~ ~ ~~~ ~~~:. ~:~~::~ ;.~;;;;!; ;;~.;:;~ ~~~. ~.::. ~.: £f 7t;~~S.i ~~ ~...... ........ APPROVED FOR INCLUSION IN COUNCIL PACKET: c1tt) (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-S/14196