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Home My WebLink AboutLUTC PKT 05-16-2005 City of Federal Way City Council Land Use/Transportation Committee May 16, 2005 5:30p.m. City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: May 2, 2005 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Saghalie Firs Preliminary Plat Action Shul1/5 Min Action Kirkpatrick/5 Mill Action Roe/IS Min B. Proposed Interlocal Agreement between Federal Way and King CmUlty Relating to Annexation Areas Lloyd Enterprises, Inc. Request for Amending the Designated Truck Route Ordinance C. 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Jack Dovey, Chair Eric Faison Michael Park City Staff Kathy McClung, Community Development Service!! Director Marianne Stiles, Administrative Assistant 253-835-2701 G:\LUTCltUTC Agendas and Summaries 2005\05-16-05 LUTC Agendo.doc City of Federal Way City Council Land Use/Transportation Committee May 2, 2005 5:30 pm City Hall Council Chambers MEETING MINUTES In attendance: Committee members Jack Dovey, Chair, Council Member Michael Park, Council Member Eric Faison, Deputy Mayor Linda Kochmar; Council Member Jim Ferrell; Council Member Jeanne Burbidge; Assistant City Manager Derek Matheson; Assistant City Attorney Karen Kirkpatrick; Community Development Services Director Kathy McClung; Public Works Director Cary Roe; Public Works Deputy Director Ken Miller; Street Systems Manager Marwan Salloum; Traffic Analyst Sarady Long; Traffic Engineer Rick Perez; Surface Water Manager Paul Bucich; SWM Project Engineer Fei Tang, Senior Planner Margaret Clark, Senior Planner Jim Harris, and Administrative Assistant Marianne Stiles. 1. CALL TO ORDER Chair Dovey called the meeting to order at 5:30 pm. 2. APPROVAL OF MEETING MINUTES The minutes of April4t\ and April 18th, 2005, were approved. 3. PUBLIC COMMENT Margaret Nelson - Ms. Nelson read and submitted a statement on banning commercial trucks except when loading. She spoke regarding commercial vehicles parking in residential neighborhoods, specifically West Campus. One specific truck is a problem and has not been dealt with by code compliance as they must see the truck in place and work 9am - 5pm. She suggests writing an ordinance restricting vehicles and setting compliance and fining (monetary) levels to fix this problem. Scott Chase - Mr. Chase also spoke about commercial trucks causing problems in residential neighborhoods, parking on the street at night, using driveways as a 'safe haven' exploiting a jurisdiction issue. HE stated the in/out activity of this truck is a violation ofthe ordinance and should be dealt with in a timely manner. Chainnan Jim Ferrell- Noted that he is on the same neighborhood board as Mr. Chase and is a neighbor of Ms. Nelson. It says it is a problem Chairman Eric Faison - Stated that issue was sent to LUTC and will return to the agenda June 6th, 2005. 4. BUSINESS ITEMS A. South 336th Street at 1 st Avenue South Intersection Improvements - 30% Design Status Report Marwan Salloum presented the background information on the project. It appears to be with in budget: the project is $360,000 and there is $402,000 in the budget. He is presenting it to the council as per present policy; the project is 30% complete. He recommends that the committee forward Option 1 to the council agenda. Councilman Faison asked how much the extension and median changes along 1 st A venue will cost. Mr. Salloum replied that is will cost between $100,000 and $120,000. A "Permissive Left" or free left-hand turn lane, is included in the project at a cost of $60,000. G:ILUTCILUTC Agendas and Summaries 2005105.02-05 tUTC Minulcs.doc Land Uscffransportation Committee Page 2 5/11/2005 Councilman Faison asked if the lane should be extended ifthe free left turn is allowed. Rick Perez answered that they are looking at the 6yr versus the 20yr forecast; both options are needed to meet the forecast and it is best to start working on it. Option 1 was moved by Park. Seconded by Faison. Passed B. Lakota Creek East Branch Restoration Project - Bid Award Paul Bucich provided background information. Kemper Construction is the low bidder; they are $80,000 under the engineer's estimate. He recommended forwarding option 1 to the council agenda for approval. Moved by Faison. Seconded by Park. Passed C. Joe's Creek Habitat Restoration Project, 50% Design Status Report Paul Bucich provided background information, the project is 50% complete. He recommended forwarding option 1 to the council agenda for approval. Moved by Park. Seconded by Faison. Passed D. AG 05-037 SW 356th Pond Fence Project Acceptance Paul Bucich provided background information. He recommended forwarding option 1 to the council agenda for approval. Moved by Faison. Seconded by Park. Passed E. CTR Interlocal Agreement with King County Rick Perez provided background information on the city's efforts to comply with the state's Commute Trip Reduction requirements. Councilman Dovey asked if $9000 is well spent if 15-20 people are using the system. Mr. Perez responded that the city is required to continue adding incentives until the goal is reached. Councilman Faison asked if the FlexPass is a bus pass for $40/year that works as a multi-zone pass and includes Pierce Transit. Mr. Perez confmned this. Councilman Dovey asked if any City employee can use it. Mr. Perez confirmed any full-time employee. Moved by Park. Seconded by Faison. Passed F. 23rd Ave S & S 314th Street (Private Rd) Traffic Signal, Project Acceptance Ken Miller provided background information; the project is complete and under budget. He recommended option 1. Moved by Faison. Seconded by Park. Passed G. 2004 Comprehensive Plan a. Follow Up on Puget Sound Partnership Request Margaret Clark provided background information. Councilman Faison said they like the staff idea but thinks that a) multi-family homes should be allowed and that b) they should be urged to maintain as many trees as possible and keep buildings close to the street. Council debated the issue and there were concerns that they were beginning to be too restrictive, and may disallow Starbucks when they disallow all drive-through franchises. Concomitance was discussed as well as the fact that this is a rezone from less intensive to more intensive use. In the end, this passed with two modifications: a) Remove fast-food restaurants from the restricted list and b) remove multi- family use from the restricted list. G:\LUTCILUTC Agendas and Summaries 2005\05-02-05 LUTC Minutes.doc Land Use/Transportation Committee Page 3 5/11/2005 Moved. Seconded. Passed with modifications (above). Clarification: Option 2 passed. b. Kitts Corner Margaret Clark provided background information. Staff recommends approval on eight conditions (inCluded in the report). Councilman Faison asked if there would be a roundabout and if mixed-use is allowed. Ms. Clark said mixed-use is allowed. Mr. Perez stated that the City would have to move buildings to have a roundabout, a 3-lane one would be best, and this is a Right of Way (ROW) issue. The council discussed the total size of the development, the zoning mix (17acres BC / 28 acres RM), the potential for accidents, and the 2 properties not yet signed off on. Councilman Dovey asked if the properties would be rentals &/or owner-occupied? John Potter replied that they would most likely be owner occupied. Moved by Faison. Seconded by Park. Passed H. SR99 Phase 11- northbound left turn lane @ 332nd - Information Only Rick Perez provided background information. It requires a minor deviation from state regulation, which is for a 50' clearance, while there are 38.5' available. The council discussed adding signage or changing the median to restrict truck turning. State approval will take anywhere from four weeks to three months. The bid process may be slow but will get the best price. The council liked option one the best but discussed possible school district activity. Council gave direction to staff: Return to the committee with infonnation on the timeframe and feasibility, and where the money will come from (revenue source). Council agreed there will be a future discussion on negotiation rules for staff. I. Explanation of City Tree Ordinance - Information Only Kathy McClung provided information al information about the City's Free Ordinance. She stated that trees have been identified as an important issue for citizens. The council discussed whether or not they should add more teeth to the law. The city's ordinance is more strict than some other city's. This more ofa problem with contractors than with property owners and the issue should be revisited. Council gave direction to staff.' put this issue on the action plan list for next year. 6. FUTURE MEETINGS The next scheduled meeting will be May 16,2005. 7. ADJOURN The meeting adjourned at 7:30 p.m. G:\LUTCILUTC Agendas and Sununaries 2005\05-02.05 LUTC Minutes.doc ~ CITYOF"" ._18 Federal Way May 9, ZOOS Jack Dovey, Chair Land UsefTransportation Committee (LUTe) David M~anager Janet Shull, AI~P, Contract Plann~~ SAGHALlE FIRS PRELIMINARY PLAT Application Number 04-103295-00-SU MEETING DATE: May 16, ZOOS TO: VIA: FROM: SUBJECT: I. STAFF RECOMMENDATION Staff recommends the Land Use/Transportation Committee forward to the City Council a recommendation approving the Saghalie Firs preliminary plat with conditions, based on the findings and conclusions in the AprilZ7, 2005, Report and Recommendations by the Federal Way Hearing Examiner. II. SUMMARY OF ApPLICATION The applicant requests approval of a 34-lot residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", subject to City Council approval. Following the preliminary plat hearing, the Hearing Examiner recommended conditional preliminary plat approval. At the public hearing, the applicant requested approval to clear and grade the entire site with the exception of two small areas, representing approximately six building lots, where existing vegetation would be retained until such time as these individual lots would be developed. In the April 27, 2005 Report and Recommendations, the Hearing Examiner recommended upholding the staff recommendation that would allow for some clearing and grading beyond that necessary for roadway and utility construction, but not as extensive a clearing and grading area as requested by the applicant. The staff recommendation would retain vegetation on approximately 17 building lots until such time as these individual lots were developed. At the public hearing, the applicant also presented testimony regarding a proposed roadway modification request for SW 341 st Street that was denied by the City's Public Works Department. In the April 27, 2005 Report and Recommendations, the Hearing Examiner also recommended upholding the Public Works Department's denial of the applicant's roadway modification request. ill. IV. V. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, "Subdivisions", the City Council issues a final decision at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures, preliminary plat applications are brought to the Land Use/Transportation Committee for review and recommendation prior to review by the full Council. HEARING EXAMINER'S RECOMMENDATION On April 27, 2005, the Federal Way Hearing Examiner issued a Report and Recommendation (Exhibit A) to approve the proposed preliminary plat. The Hearing Examiner's recommendation includes all conditions recommended by staff and further does not recommend support of the applicant's request for additional clearing grading, nor does it recommend support ofthe applicant's request for a roadway modification to SW 341 st Street. The Examiner's recommendation was issued following consideration of the following: staff report (Exhibit B); and testimony presented at the April 5, 2005 public hearing (Exhibit C). Subsequent to the public hearing, the record was left open for two weeks. During this time, two memos were submitted from staff providing additional background infonnation and analysis regarding site clearing and grading and the roadway modification request for SW 341 st Street (Exhibit D). The Hearing Examiner's recommendation is subject to the following conditions of preliminary plat approval: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCc. Final review of the stonn drainage engineering plans will occur in conjunction with full engineering review. 2. Due to the existing site soil conditions, a seasonal clearing restriction from October I to April 30 shall be required. 3. Clearing limits for the construction ofthe plat improvements (roads, ponds, and utilities and approximately 17 of the proposed lots) shall be generally consistent with the clearing limits depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit "16"). The clearing limits identified on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would provide for the functioning of the proposed on-site stonn drainage wetponds and alleviate large areas of on-site flooding. The clearing and grading limits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. PROCEDURAL SUMMARY August 19, 2004 Date of application for 34-10t Saghalie Firs preliminary plat September 9, 2004 Date application detennined complete September 18,2004 Date of Notice of Application Land Use /Transportation Committee Saghalie Firs Preliminary Plat File No. 04-103295-00-SU / Doc LD. 31561 Page 2 February 5,2005 Environmental determination issued April 5, 2005 Hearing Examiner Public Hearing (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) April 27, 2005 Hearing Examiner issued recommendation of conditional approval of preliminary plat to the City CounciL May 16, 2005 City Council Land UsefTransportation Committee meeting (This committee forwards a recommendation to the full Council for a decision at a public meeting [see Section VII below].) VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new issues or information not contained in the Examiner's record); and the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-126(c), as noted below: 1. Consistency with the Federal Way Comprehensive Plan; 2. Consistency with all applicable provisions of the FWCC, including those adopted by reference fi-om the comprehensive plan; 3. Consistency with the public health, safety, and welfare; 4. Consistency with the design criteria listed in Section 20-2; and 5. Consistency with the development standards listed in Sections 20-151 through 157, and 20~ 178 through 20-187. Findings and conclusions that the application is consistent with these decisional criteria are set forth in the Hearing Examiner's report and recommendation. VII. COUNCIL ACTION The Federal Way City Council's review ofthe application is limited to the record of the hearing before the Hearing Examiner, oral comments received during the Public Meeting (so long as those comments do not raise new issues or information contained in the Examiner's record), and the Examiner's written report. The City Council may receive new information not in the record pursuant to FWCC Section 20-1 27(b)(i) or (ii). The draft resolution approving the proposed preliminary plat as recommended by the Hearing Examiner is attached (Exhibit E). After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-127: Land Use /Transportation Cornmittce Saghalie Firs Preliminary Plat File No. 04-1O3295-00-SU / Doc. I.D. 31561 Page 3 VIII. EXHIBITS A. B. C. D. E. 1. Adopt the recommendation; 2. Reject the recommendation; 3. Remand the preliminary plat back to the Hearing Examiner, pursuant to FWCC Section 20- 127(b); or 4. Adopt their own recommendations and require or approve a minor modification to the preliminary plat, pursuant to FWCC Section 20-127(d). PROPOSED MOTION I move that the Land Useffransportation Committee forward to the City Council, and place on the June 7, 2005 City Council consent agenda, a recommendation approving the Saghalie Firs Preliminary Plat Resolution. Hearing Examiner Report and Recommendation, April 27, 2005 Staff Report to the Hearing Examiner Written testimony presented at the public hearing Memos submitted following Hearing Examiner Public Hearing Cîty Council Draft Resolution for the Saghalie Firs Preliminary Plat Approval APPROV AI. OF COMMl1TEE ACTION: .. ':',:I:.:.,:~,;<"'! ;,. .', ' " .. .., "'¡""'" . ." ;Jå~k'~~~e;,(-.~hai;' ~"~_::~'~"-""" '."""""~i~'~¿~"ji~;k":~:~bcr :,;,-. ":""':""'-':F:ricFaison, Member, . '..'-,' Land Use /Transportation Committee Saghalie Firs Preliminary Plat File No. 04-103295-00-80/ Doc ID 31561 Page 4 Page - 2 .... -O.m.o .,-. ....-.. 0 I, .', I i: : I .. ; I , } i ...,; ! i i : ..} .- APR 2 8 2005 CITY OF FEDERAL WAY ¡ "-----.. - ..J I L...__o_-"'---..--L__'__~.__:_.__o; I OFFICE OF THE HEARING EXAMINER -"'-'-----'..0__.1 IN THE MATTER OF: ) ) ) ) ) FWHE# 05-05 FW# 04-1 03295-00-SU SAGHALIE FIRS PRELIMINARY PLAT I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a 34 lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: April 5,2006 April 27. 2005 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. 5. 6. Janet Shull, Contract Planner, City of Federal Way Craig Sears, applicant, 15 Lake Bellevue, 8te. 102, Bellevue, WA 98005 Jeff Schramm, 16625 Redmond Way, 8te. M-323, Redmond, WA 98052 Matt Weber, AHBL, 2215 N. 30th St., Ste. 300, Tacoma, WA 98403 Ken Miller, Deputy Public Works Director, City of Federal Way Greg Fewins, Senior Planner, City of Federal Way At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. 3. Staff Report with all attachments Power Point Presentation Letter from Matt Weber to Gary Ro£(City of Federal Way) dated August 18, 2004 Memorandum to City of Federal Way Hearing Examiner from Ken Miller, Deputy Director of Public Works, dated April 19, 2005 Memorandum to City of Federal Way Hearing Examiner from Janet Shull 4. 5. Page - 3 dated April 18, 2005 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, viewed the site, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" with attachments and hereby incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a generally rectangular, 9.57 acre parcel of unimproved property located southwest of the present terminus of 19th Avenue SW and east of 21st Avenue SW within the City of Federal Way. The applicant requests preliminary plat approval to allow subdivision of the site into 34 single family residential lots with a minimum lot size of 7,200 square feet, a maximum lot size of 7,545 square feet, and an average lot size of 7,261 square feet. 5. The site plan shows access provided from the north via an extension of 19th Avenue SW along the north property line and a second access provided via a 60 foot wide strip of property extending east from 21st Avenue SW to the western property line of the site. This future road, known as SW 34151 Street, will extend through the center of the plat to connect with 19th Avenue SW. Such will create a pass through route through the plat commencing at the intersection of 19th Avenue and SW 336th St. and terminating at the future intersection of 341st St. and 21 st Avenue. However, the applicant desires to construct SW 341 st St. to emergency vehicle access (EVA) standards from the eastern plat boundary to 21 st Avenue to prohibit the above described pass through route. The applicant believes that such route will serve as a "cut-through" and allow drivers to avoid the congested intersection of 336th St. and 21st Avenue. 6. The applicant submitted a request for modification to allow construction of 341s1 Street to EVA standards to the City Public Works Director pursuant to Section 22-1477 of the Federal Way City Code (FWCC) which authorizes the Director to modify, defer, or waive requirements for roadway improvements (Exhibit "3"). The basis for the modification included the lack of alignment with the intersection Page - 4 at SW 342nd St. and 21st Avenue as the applicant could not acquire right-at-way from the Washington State Department of Transportation (through the park-and- ride lot) to allow said alignment. The separation of the 341 st/342nd intersections and the existing bus turn into the park-and-ride lot will measure approximately 115 feet, less than the intersection spacing requirements required by the FWCC. The separation from the future SW 341 st Street and SW 342nd Street would measure approximately 90 feet centerline to centerline. The applicant also refers to a letter from the Federal Way School District dated January 13, 2005, (Exhibit "19") wherein the District supported the EVA road due to concerns about the increase of traffic that the pass through route would cause on 1'9th Avenue SW in front of Saghalie Middle School. The District agreed with the applicant that drivers would have the opportunity to bypass the 336th Street/21st Avenue intersection, and that such increased traffic would detrimentally impact the safety of students/pedestrians crossing 19th Avenue SW to walk to the school and City park. However, the letter also indicates that should the City require construction of a full service road, it should consider traffic calming measures and conversion of the existing crosswalk on 19th Avenue S. to a raised crosswalk. The City responded to the District's concerns by requiring through the SErA process traffic calming devices on both 19th Avenue and SW 341st Street to slow traffic in front of the school and to make the alternative route less desirable. Such would reduce the number of vehicles using the "cut through". In addition, failure to provide a full access to the west to 21st Avenue would violate several FWCC requirements to include Section 20-151 which encourages subdivision design to distribute traffic to collector street systems "to avoid intrusion or overburden of residential streets". 19th Avenue presently provides access to intense commercial uses to include Fred Meyer, and adding traffic from 34 lots would "overburden" said street. Furthermore, Section 20-151(c) FWCC prohibits cul- de-sac streets longer than 600 feet. If SW 341 st is not connected, 19th will become a cul-de-sac more than 1,000 feet in length. Section 22-151(d) FWCC limits block perimeters to 2,640 feet for streets, and failure to connect 341 5t Street would exceed said standards. While the applicant's traffic engineer asserts that the bypass would accommbdate several thousand cars per day to include "a couple of hundred cars" per hour during the peak period, he did not perform a detailed analysis. He also determined that the road would accommodate the anticipated volumes, but that the volumes would create safety concerns. The City staff does not agree with the applicant's traffic engineer regarding the number of vehicles using the bypass. Staff points to a similar situation on 8th Avenue SW between SW 356th Street and SW Campus Drive. Traffic counts show a volume of 1,139 vehicle trips per day on said bypass. Page - 5 7. The Examiner agrees with the Public Works Director's interpretation of the criteria setforth in Section 22-1477 FWCC regarding modification, deferment, or waiver of requirements for roadway improvements. Construction of SW 34151 Street to full access standards is harmonious with existing street improvements, will function properly and safely, and will be advantageous to the neighborhood and City as a whole. Even though the school district has concerns regarding future traffic volumes, district school buses have difficulty negotiating the intersection of 19th and 336th and the completion of SW 34151 Street will provide a much better bus route to Saghalie Middle School. No topographic or physical conditions preclude the construction of the improvements, and proper vertical or horizontal alignments are easily determined. The required intersection with 215t Avenue SW will not have a correct alignment with SW 342nd, but the City traffic engineer will grant a modification due to the importance of the connection (Exhibit "12"). While the required improvement does not appear in the City's Six Year Transportation Improvement Program, the comprehensive plan supports its construction. The extension of 19th Avenue SW and the development of the site into 34 single family lots also requires its construction. 8. The applicant requests relief from the requirements of Section 20-179 FWCC which reads: a. All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading as shown on approved engineering plans... b. Existing mature vegetations shall be retained to the maximum extent possible..... The applicant desires to mass grade the entire site except for small areas in the southwest and northeast portions (Exhibit "15"). The City agrees with the grading plan for the portion of the plat north of the future 341 5t Street, but asserts that the portion of the plat south of 34151 Street and north of the internal plat cul-de-sac road does not need filling until development of the lots. The central issue between the applicant and the City concerns the amount of ponding that will occur due to the blockage of drainage pipes under SW 341 5t Street following filling which will occur to the north thereof. The applicant asserts that off-site drainage will cause flooding throughout the site and upstream basin. A significant amount of off-site drainage flows across the site from south to north through an existing ditch abutting the south property line and extending onto the Page - 6 9. 10. southern portion of the plat. However, the City's conditions of approval allow clearing and grading in the vicinity of the ditch if necessary to ensure that off-site flow is captured and conveyed to the plat storm detention facilities located along the north property line. Staff supports clearing and grading to ensure the continuation of said flow. Thus, the only source of ponding which will occur south of 341s1 Street will be drainage from the south 11 +/- acres of the site. Runoff from such a small area will not threat life, safety, or improvements in the vicinity of SW 341 sl Street. Such is especially true as in the Preliminary Technical Information Report (Exhibit "9"), the project engineer writes that runoff from roof surfaces and yards in lots 19 through 34 will be infiltrated into the underlying soils. Thus, much of the rainfall on the southern 11 acres of the site should infiltrate into the ground. Additional reasons cited for the mass grading exemption would apply to virtually any phased development. Such reasons include wood chips used in site stabilization, truck loads of brush and material hauled off site, provision of temporary erosion control measures, balancing of fill and grade, homes occupied during land clearing and excavation, and less disruption to the neighborhood. The Examiner must assume that the City Council considered these negative impacts along with the desirability of retaining as much vegetation on the site as possible prior to development in its adoption of Section 20-179 FWCC. The site is located within the Residential Single Family (RS 7.2) zone classification of the FWCC, and the Federal Way Comprehensive Plan designates the site as Single Family High Density. The RS 7.2 zone classification authorizes single family residential homes on minimum lot sizes of 7,200 square feet as outright permitted uses. Abutting parcels to the south, east, and west are also located in the RS 7.2 classification and Single Family High Density designation. Parcels to the north are located in both the Neighborhood Business and RS 7.2 classification. Surrounding uses include a Fred Meyer store to the north and the Saghalie Middle School to the northeast. Vacant parcels abut the south and east property lines. However, a single family residential subdivision is proposed for the parcel to the east. A church and WSDOT park- and-ride lot are located to the west. 11. The applicant provided a geotechnical engineering study of the site prepared by Earth Consultants, a qualified expert. The study determined that soils are suitable for residential development. Soils include a 12 inch layer of topsoil, three to five feet of loose to medium dense silty sand with gravel, and very dense silty sand with gravel. Because of wet soil conditions the expert recommends a Page - 7 12. 13. 14. 15. 16. summer earthwork schedule. The topography slopes down from the western and eastern boundaries to a shallow depression that extends through the site from north to south. However, the site has no steep slopes or other geologically hazardous areas. The northern portion of the parcel is forested and the southern portion is vegetated with grass and a few trees. The applicant has identified significant trees and plat approval is subject to an approved tree clearing and landscape plan which meets Section 20-186 FWCC. A wetland reconnaissance performed by a qualified expert concludes that no regulated wetlands exist on the site. The applicant's wildlife habitat assessment letter concludes that no State endangered, threatened, or sensitive wildlife species or habitats are present on the site. The applicant proposes to pay a fee in lieu in providing on-site open space, and the City PARCS Director has agreed to the payment. Section 20-155 FWCC requires an open space fee of 15% of the assessed land value as calculated at the time of final plat approval. As previously found, an extension of 191h Avenue and a newly constructed SW 341 sl Street will provide access to the site. An internal plat cul-de-sac extending south from 191h Avenue SW near the south property line will provide access to lots 25 - 34. A second cul-de-sac road extending north from 341 sl Street will provide access to lots 9 - 18 and the Tract C storm drainage pond. Landscape requirements include a ten foot wide, Type 3 landscape buffer along all exterior property lines and abutting non-residential uses. However, landscaping of the Tract C and D storm drainage facilities must meet Public Works standards. All internal and exterior roads providing access to lots must meet all FWCC requirements and all such right-of-way areas must be dedicated to the City. The applicant will improve all plat roads to full street standards with the exception of the southern portion of 19th Avenue SW and the western portion of SW 341 sl Street where the City has authorized two-thirds street improvements. The applicant must construct both 191h Avenue and SW 341s1 Street to local access standards which include 36 feet of pavement, vertical curb and gutter, four foot planter strip with street trees, five foot wide sidewalk, street lights, and a three foot wide utility strip within a 60 foot wide right-of-way. 341s1 Street will have a two-thirds street improvement from the western plat boundary to the 21s1 Avenue intersection where it will once again have a full width with 35 foot radii. The two Page - 8 17. 18. 19. 20. cul-de-sac roads must meet local access standards to include 28 feet of pavement with vertical curb and gutter, four foot wide planter strips with street trees, five foot wide sidewalks, and three foot wide utility strips with street lights within a 52 foot wide right-of-way. Mitigating measures in the MONS require a $5,400 proportionate share payment to improvements at the SW 348th Street/1st Avenue South intersection and a $42,210 proportionate share payment to improvements at the 10th Avenue SW/SW 344th Street intersection for a total mitigation cost of $47,610. The applicant will pay school impact fees to the Federal Way School District to offset the impact of school aged children residing in the plat. The school district reviewed the school access analysis provided by the applicant and has requested installation of traffic calming devices in the area of the school which the MONS requires. No bus stops presently exist for elementary school students in the area, and the closest bus stop for Decatur High School is located at SW 19th Place and 20th Place. The applicant and school district have agreed to coordinate needed bus stops within the plat. The Lakehaven Utility District has provided a Certificate of Water Availability indicating that it can provide both domestic water and fire flow to the site. The district has also provided a Certificate of Sewer Availability which confirms its capacity to serve the proposed development through a Developer Extension Agreement. The applicant will design and install all storm drainage facilities in accordance with the 1998 King County Surface Water Design Manual and the City's amendments thereto. Due to its location within the West Branch Hylebos Creek Basin, the applicant must detail how the project will meet the special requirements of the basin plan. The preliminary design proposes to collect and convey water through a series of pipes and catch basins into two storm drainage detention ponds which will include water quality treatment facilities. The facilities must provide Level 1 flow control and resource stream protection menu water quality treatment. The City has determined that the proposed facilities meet said standards. The applicant will also provide an additional on-site storage capacity of 1.11 acres to alleviate downstream flooding per the requirements of the 1996 Comprehensive Surface Water Facility Plan. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: Page - 9 A. As previously found, the project is consistent with the Single Family High Density designation of the comprehensive plan. B. Compliance with the provisions of FWCC Chapter 18 "Environmental Policy", Chapter 20 "Subdivisions, Chapter 22 "Zoning", and all other applicable codes and regulations will ensure consistency of the project will all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. C. The project is consistent with the public health, safety, and welfare as it will meet all applicable codes and regulations. D. The project is consistent with ;311 design criteria set forth in Section 20-2 FWCC. The proposed subdivision provides an effective use of land, promotion of safe and convenient travel on streets, and for the housing needs of the community. E. The preliminary plat is consistent with the development standards listed in Sections 20-151 through 157 and 20-178 through 187 assuming compliance with conditions of approval to include construction of roads and retention of vegetation during filling and grading of portions of the site. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. 3. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed preliminary plat of Saghalie Firs is consistent with the Single Family High Density designation of the comprehensive plan and meets all bulk regulations of the RS 7.2 zone classification. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transitstops, fire protection, sanitary waste, parks andrecreation, playgrounds, schools and school grounds, and safe walking conditions. Page - IO 4. The proposed preliminary plat satisfies all applicable requirements of the FWCC to include Section 20-126(c) and will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to a park- and-ride facility, schools, parks, and commercial retail facilities. Therefore, the preliminary plat should be approved subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Final review of the storm drainage engineering plans will occur in conjunction with full engineering review. 2. Due to the existing site soil conditions, a seasonal clearing restriction from October 1 to April 30 shall be required. 3. Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately 17 of the proposed lots) shall be generally consistent with the clearing limits depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit "16"). The clearing limits identified on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would provide for the functioning of the proposed on-site storm drainage wetponds and alleviate large areas of on-site flooding. The clearing and grading limits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. RECOMMENDA TION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Saghalie Firs subject to the conditions contained in the conclusions above. Page - 11 TRANSMITTED THIS 27th DAY OF April, 2005, to the following: AGENT: AHBL Lisa Klein 2215 North 30th Street, 8te. 300 Tacoma, WA 98403-3350 ENGINEER: AHBL Matt Weber, P.E. 2215 North 30th Street, 8te. 300 Tacoma, WA 98403-3350 OWN ER: Saghalie Firs LLC Kevin O'Brien Jeffrey E. Hamilton 7947 159th Place NE, Suite 100 Redmond, WA 98052-4306 Jeff Schramm TENW 16625 Redmond Way, Ste M-323 Redmond, WA 98052 Craig Sears 15 Lake Bellevue, 8te. 102 Bellevue, WA 98005 Tom Vasilaos 16622 178th Avenue NE Woodinville, WA 98072 City of Federal Way c/o Chris Green P,O. Box 9718 Federal Way, WA 98063-9718 , . . Page - 12 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until afterthe hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (c) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the plat; and The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. (d) FILE Qff~ A Fed erat Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER SAGHALIE FIRS PRELIMINARY'PLAT Federal Way File No. 04-103295-00-SU PUBLIC HEARING - April 5, 2005 FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33325 8th Avenue South Table of Contents I. General Infonnation ..............-..............................;...............................................................2 U. Consulted Departments, Agencies, and Public ....................................................................3 lli. State Environmental Policy Act...-.-...-...................................................-.:......-......-..............3 N. Natural Environment..................... .-................................ ,-,,""""'" ...... ................... .............4 V. Neighborhood Characteristics....-.......... ...............................-.......-.......................... ........ :..,.5 VI. General Design.............................................--..-......."""""""""""""""""""""""""""'"...5 VIT. Transportation '" """"""""'" ........-............ .... """""" ... """"'" ............. ...... ................. ......... 7 Vill- Public Services ......""'-'-""""""""""""""'-"-""'" ........................~........................ ..............8 IX. Utilities......-......._....... ....................-....-""""'" ....... "-.. ......""""" ..-... ....-.......,. ..... ........ ....... ..9 X. Analysis of Decisional Criteria """""""""""""""""""""""""".""""-""""'"...,..............10 XI. Findings ,of Fact and Conclusion .............................................,.........................................11 Xll. Recommendation """--"""""""""""""""'-""""""""'"....................................................14 Xli. List of Exhibits.......................-..-...................................,..--.,...... ""'-"-""""'-" ............ ..... ..14 Report Prepared by: Janet Shull, AICP, Contract Planner March 18,2005 ~;. ':.,':".. '~I t~ OO:(ry:'î ~................ ..:.:".;. '1<-:'1. " '\ ~ "" " File No: 04-103295-00-SU Agent: AHBL Ms. Lisa Klein 2215 North 30th Street, Suite 300 Tacoma, VVA 98403-3350 Phone: 253-383-2422 Engineer: AHBL . Mr. Matt Weber, P.E. 2215 North 30th Street, Suite 300 Tacoma, W A 98403-3350 Phone: 253-383,.2422 Owner: Saghalie Firs LLC 7947 159th Place NE, Suite 100 Redmond, W A 98052-4306 Action Requested: Preliminary plat approval of a 34-lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110. Staff Rep resentative: Janet Shull, AICP, Contract Planner, 206-244-3749 Staff Recommendation: Preliminary Plat Approval with Conditions (Refer to Section XU) I GENERAL INFORMATION A. Description of the Proposal ~ The applicant proposes to subdivide 9.57 acres of vacant land into 34 residential single-family lots. The subject site is zoned RS 7 .2, requiring a minimum lot size of7,200 square feet per lot. The proposed action is depicted in the following documents: preliminary plat cover sheet, revised March 16,2005 (sheet 1 of 5); boundary and topographic survey, revised November 12, 2004 (sheet 2 of 5); preliminary plat map, revised November 12, 2004 (sheet 3 of 5); preliminary grading and drainage, revised November 12,2004 (sheet 4 of5); preliminary water and sewer, revised November 12, 2004 (sheet 5 of5) and preliminary landscape plan by Lane and Associates (Sheets L-l, L-2, and L-3) revised November 12, 2004 (Exhibit 1). B. Location - The site is located east of21s1 Avenue SW, west of19th Avenue SW, at SW 341s1 Street" in Federal Way, W A. C. Parcel Nos. - 242103-9006 and 242103-9054. The site tegal description is on the cover sheet (Sheet 1 of Exhibit 1). Staff Report to the Hearing Examiner Prelímînary Plat of Saghalie Firs Page 2 04-1O3295~SU / DodD 31092 D. Size ofProperty-,- The subject site has a land area of 416,873 square feet (9.57 acres). E. Land Use and Zoning- Direction Zoning Site RS-7.21 North BN and RS-7.2 South RS-7.2 East RS-7.2 West RS-7.2 Comprehensive Plan SF - High Density Existing Land Use Vacant Neighborhood Business SF - High Density SF - High Density Department Store Middle School Vacant SF - High Density Vacant (proposed subdivision) Single.Family Residential SF - High Density Church and Metro Park and Ride F- Background - The preliminary plat of Saghalie Firs was submitted on August 19, 2004 (Exhibit 2). City staff deemed the revised application complete on September 9,2004. II CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CORC comments have been incorporated into this report where applicable. All property owners within 300 feet of the site were mailed notices of the complete preliminary plat application on September 17, 2004 (Exhibit 3). The City also conducted other public notice on September 18, 2004, in accordance with City code requirements. In response to the notice of applícation, the City received no comment letters regarding the proposal. B. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners within 300 feet of the site (Exhibit 4), and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper ~d on the City's official notice boards. c. m STATE ENVIRONMENTAL POLICY ACT A. The City of Federal Way issued a Mitigated Environmental Determination ofNonsignificance (MDNS) (Exhibit 5) for the proposed action on February 5, 2005- This determination was based IRS-7.2 '" single-family residenlial, 7,200 SF minimum lot size. SlaffReport to the Hearing Examiner Preliminary Plat ofSaghalie Firs Page 3 04-1O3295-SU I Doc/P311192 on review of infonnation on file, including the environmental checklist (Exhibit 6), and staff evaluation of the environmental checklist for Saghalie Firs, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MDNS. B. The City received two comment letters during the 14-day SEP A comment period (Exhibit 7). The City responded in writing to all parties that provided written comments on the SEP A decision (Exhibit 8). C. The City received no appeals of the SEP A MDNS. IV NATURAL ENVIRONMENT A. Soils - The applicant provided a geotechnical engineering study by Earth Consultants, August 17,2004 (Appendix D of Preliminary TIR, Exhibit 9). Site soils are discussed in detail in the geotechnical report. The geotechnical engineering study concludes that the site is suitable for residential development under proper conditions. According to the study, the site is immediately underlain by an up-td-twelve~inch thick layer of topsoil. The native soils underlying the topsoil layer consist of three to five feet of loose to medium dense silty sand with gravel (Unified Soil Classification SM) underlain by very dense silty sand with gravel (SM). According to the geotechnical engineering study, site soils are moisture sensitive due to their high fines content. Once disturbed in a wet condition, they will be unsuitable for support of foundations, slabs, or pavements. The study recommends that a summer earthwork schedule be observed due to these soil conditions. . B. Topography-The site generally slopes down from the western and eastern boundaries to a shallow depression that extends from north to south. The site does not have any steep slopes or any other geologically hazardous areas. C. Vegetation - The northern parcel (north ofSW 341st Street) is forested, and includes associated underbrush. The southern parcel (south of SW 341 st Street) consists of grassy areas with a few trees. There are existing trees on the site that meet the definition of significant tree per the FWCC. These trees have been identified on the preliminary landscape plans. Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-186. City policy and FWCC Section 20-179 state "All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision... and; existing mature vegetation shall be retained to the maximum extent possible. " Retained significant trees outside of plat infrastructure areas are regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction. D. Wetlands ~ The applicant provided a wetland reconnaissance letter prepared by Altman Oliver Associates, November 7,2003 (Exhibit 10), that concludes there are no regulated wetlands on the subject site. Staff Report to the Hearing Examiner Preliminary Plat of Saghalie Firs Page 4 04-103295-SU I DotJD31092 v E. Wildlife Habitat - The applicant provided a wildlife habitat assessment letter preparèd by Altman Oliver Associates, November 7, 2003 (Exhibit II), that concludes there are no state endangered, threatened, or sensitive wildlife species or habitats on the site. NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated generally in the south-central portion of the City. The site is located east of21 st Avenue SW and west of 19th Avenue SWat SW 341 st Street. The subject site abuts a large commercial property to the north, and also abuts a middle school to the northeast. To the west is a church and a park and ride lot. To the east and south of the site are existing undeveloped property zoned RS- 7.2 as well as some existing single-family residences. Public Parks - The site is loCated. within the City's parks planning area C. Within this service area are the following parks facilities: Alderdale Park, Coronado Park, and Saghalie Park These parks provide recreational opportunities for residents in the area. B. VI GENERAL DESIGN A. Lot Size - The proposed Saghalie Firs lots range in size from 7,200 square feet to 7,545 square feet. All lots on the preliminary plat map meet the minimum 7,200 square-:foot minimum lot SIze, B. Lot Layout - Most of the proposed lots are of rectangular shape. All building setback lines (BSBL) are depicted on the preliminary plat map, and each lot contains an adequate building area- c. . , Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on~site for open space, or a fee-in-lieu payment. Pursuant to FWCC Section 20-1 55(b), the applicant has requested to pay a fee.:.in-lieu of providing on-site open space. The City P ARCS Director has agreed to a fee-in-lieu of on-site open space. The open space fee amount is 15 percent of the assessed land value at the time of final plat approval. D. Subdivision Access and Roadway System - Access to the site will be via two new streets: an extension of 19th Avenue South southward along the eastern boundary of the site, and SW 341 st Street, which will connect with 21 S{ Avenue SW, located to the west of the site. Two cul-de-sac streets are also proposed. Section vn of this report provides a detailed description of the proposed roadway system and improvements. The initial preliminary plat application included a request for a roadway modification to the western portion of SW 341 st Street. The specific request was to develop the western segment of the roadway for emergency vehicle access only. City staffreviewcd and subsequently denied the roadway modification request in a November 9, 2004 letter (Exhibit 12), citing the Federal Way Comprehensive Plan provision for the development of this road (Comprehensive Plan Map 1II- 6), E. Pedestrian System - Sidewalks will be provided along all street fi-ontages. Specifically, interior full street improvements include five-foot wide sidewalks on both sides of the street and four- Page 5 04-1O329S-SU / Doc ID 31092 Staff Report to the Hearing Examiner Preliminary Plat ofSaghalie Firs footplanter strips. Two-thirds street improvements on the southern portion of 19th Avenue SW and western portion ofSW 341st Street will include five-foot wide sidewalks and four-foot planter strips. - F. Landscape Buffers - In accordance with FWCC Section 22-1566, a ten-foot wide Type m landscape buffer will be provided along all property lines abutting nonresidential uses. The preliminary landscape plan provides for the required landscape buffers along the western site boundary in Tracts A and B as well as along the northern site boundary in Tract C. Landscaping of the Tract C and Tract D wetponds will be provided in accordance with Public Works standards. G. Clearing and Grading - In a November 12, 2004 letter (Exhibit 13) to the City, the applicant requested approval to clear and grade the entire site at the time of construction of the plat infrastructure. In general, the FWCC does not support mass clearing and grading of a proposed plat unless there are unusual site conditions and/or existing topographical conditions that support eXtensive site grading at the time of inftastructure development. Specifically, FWCC Section 20- 179, states: "All natural vegetation shall be retained on the site to be subdivided except that which will, be removed for improvements or grading approved in the preliminary subdivision or short subdivision. " "Existing mature vegetation shall be retained to the maximum extent possible. " Factors such as convenience of balancing on-site materials and avoiding transporting excess materials off-site, are not supported by the FWCC as conditions to allow for mass clearing and grading of a subdivision site. . The applicant identified in their November 12, 2004 letter, that there are unusual site conditions, in that off-site stormwater flows onto the property trom the south, and that the proposed storm drainage facility will provide for an additional 1.11 acres of stOrage volume to accommodate this condition and alleviate downstream flooding. The applicant further states that by mass grading the site, the off-site and on-site drainage will be forced to flow via a swale to the proposed pond. The applicant states that without the provision to mass grade the site, stonnwater will not be able to reach the planned discharge and would cause flooding throughout the site and upstream basin. The applicant also submitted an exhibit (Exhibit 14) to illustrate the flooding conditions that would result if the clearing and grading limits where established for only those areas associated with inftastructure construction. City staff met with the applicant on January 11,2005, to discuss the unusual site conditions associated with this site and to review the exhibit illustrating these site conditions. Subsequent to this meeting, the applicant submitted a revised proposed clear and grade alternative plan (Exhibit 15) that would retain two areas in natural vegetation. While City staff concurs with the applicant that there are certain unusual site conditions that support grading of additional areas of the site outside of the limits of site inftastructure, City staff does not support the extent of the clearing and grading proposed by the applicant. City staff reconnnends clearing and grading limits be established as depicted on the modified clear and grade alternative plan Staff Report to the Hearing Examiner Preliminaty Plat of Saghalie Firs Page 6 04.103295-SU I Doc1D31092 (Exhibit 16). This area would allow for the clearing and grading of areas associated with infrastructure, landscape tracts, and most of the northern portion of the site to address the condition where existing topography would prohibit stormwater from reaching the on-site storm drainage facility. H. Vegetation and Significant Trees - The applicant's request to grade most of the site, also would result in removal of most of the vegetation on the site, except for eight significant trees that are proposed to be retained, as depicted on sheet L-l (Exhibit I). The applicant does propose replacement of significant trees that would be removed in conjunction with the proposed clearing and grading limits (refer to sheet L-I). Replacement trees are proposed within perimeter landscape buffer tracts A, B, and C. . vn TRANSPORTATION A. Street Improvements - Access to the site win be provided by an extension of 19th Avenue SW along the eastern b~undary of the site, which will connect the site with SW 336th Street to the north- In addition, SW 341 sl Street will be constructed through the site, connecting the site with 21 Sl Avenue SW to the west. Interior streets shall also be designed and constructed by the applicant per FWCC requirements. In accordance with FWCC Section 20-176, all street improvements must be dedicated as City right-of-way and improved to full street standards, except the southern portion of 19th AvenueSW and the western portion ofSW 341st Street fTontage, where two-thirds street improvements are permitted. An August 2004, Traffic Impact Analysis (rIA) by Transportation Engineering Northwest was submitted for the project (Exhibit 17). The City's Traffic Division has reviewed the project and concluded that the proposed street layout of the Saghalie, Firs subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application- Pursuant to FWCC Section 22-1525, 19th Avenue SW and SW 341SIStreet along the project frontages shall be improved to Local Access Standard corresponding to a Cross-Section "S." The required street improvements will include 36 feet of pavement (curb to curb), vertical curb and gutter, four-foot planter strip with street trees, five-foot sidewalk, streetlights, and a three- foot utility strip all within a 6O-foot right-of-way- Along the southern portion of 19th Avenue SW and western portion of SW 341 st Streets, where'two-thirds street improvements are allowed, the paved street shall be 28 feet minimum. SW 341 SI Street shall be improved to full width at 21 SI Avenue SWwith 35;.foot radii. . Internal plat streets (cul-de-sac streets "Road A" and "Road B") shall be improved to Local Access Standard corresponding to a Cross-Section "W." The required street improvements will include 28 feet of pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot sidewalks, and three-foot utility strips with streetlights. All this shall be built within a 52-foot wide dedicated right-of-way. Street lighting is required on all streets pursuant to FWCC Section 22-1522. B. Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental Policy Act (SEP A). The SEP A mitigation conditions require construction of City Transportation Staff Report to the Hearing Examiner Prelinûnary Plat ofSaghalie Firs Page 7 04-1O3295-SUI DodD 31092 Improvement Program (TIP) projects that are impacted by 10 or more PM peak hour trips, or alternatively, the applicant may voluntarily contribute a pro-rata share to the impacted TIP projects. Required improvements to the project's streetfÌ'ontages are code~based requirements in the FWCC, and are independent of the SEP A mitigation. vm PUBLIC SERVICES A. Schools - The applicant provided a September 8, 2004, School Access Analysis (Exhibit 18). The Federal Way School District reviewed the school access analysis and provided comments, January 13, 2005 (Exhibit 19). Written comments fÌ'om the school district staff identified an impact to student/pedestrian safety in the vicinity of the Saghalie Middle School site due to the construction of SW 341 st Street and the potential for additional vehicle traffic along 19th Avenue SW. The school district requested that traffic calming measures be included along 19th Avenue SW and SW 341s1 Streets as project mitigation. Such measures were included as SEPA mitigating measures in the MDNS issued for the preliminary plat (Exhibit 5). The school access analysis identifies that there are currently no Olympic View Elementary students residing in the area, so there are no identified school bus stops for the area. The school access analysis (Exhibit 18) indicates that any bus stops that would be needed within the project area are supported by the applicant. School pedestrian access to Saghalie Middle School will be via sidewalks provided in conjunction with new roadways constructed within the project site. The closest existing bus stop for Decatur Way High School is located at SW 19th Place at 20th Place. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinancè are collected at the time of building pennit issuance. School impact fees are detennined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. B. Public Parks - The Saghalie Firs site is located within parks planning area C which includes two neighborhood parks (Alderdale Park and Coronado Park) and one community park (Saghalie Park). These parks provide recreational opportunities for residents in the area. On-site parks and open space requirements are discussed in Section VI of this report. C. Fire Protection '- The Certificate of Water Availability:fi-om the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fIfe flow standards for the proposed devdopment. The Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved by the Fire Department. Staff Report to the Hearing Examiner Preliminary Plat of Saghalie Firs Page 8 04.1O3295.SU /DocID3I092 IX UTILITIES A. Sewage Disposal ~ The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A November 24,2003, Certificate of Sewer Availability (Exhibit 20) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. B. Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A November 24, 2003, Certificate of Water Availability (Exhibit 21) indicates Lakehaven's capacity to serve the proposed development through a DEA. C. Drainage Facilities - Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the /998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The applicant's November 12,2004 preliminary Technical Infonnation Report (TIR), (Exhibit 9) by AHBL, was reviewed by the City's Public Works Department. The project site is located within the West Branch Hylebos Creek Basin sub-basin. The Final TIR must detail how the project will meet the special requirements of the Hylebos Creek Basin Plan. The preliminary design proposes. to collect and convey water through a series of pipes and catch basins into two storm drainage detention ponds and water quality treatment facilities located at the northern limits ofthe site- The larger pond, Tract C, is located adjacent to commercial property. The smaller pond, Tract D, is located at the northeast comer of the site adjacent to vacant single-family residential zoned land- Another subdivision, Lakehaven Estates, is currently proposed for this adjaéent site and is undergoing review by City staff. Level I flow control and Resource Stream Protection Menu water quality treatment is required for this site per the /998 King County Suiface Water Design Manual and the City of Federal Way Addendum to the manual. The applicant has proposed two wetponds, one to serve the majority of thè site located in Tract C and a smaller wetpond to serve roadway runoff, located in Tract D. As proposed, this design meets Levell flow control standards and the Resource Stream Protection Menu. An additional on-site storage capacity of 1.11 acres must be provided to alleviate downstream flooding per the 1996 Comprehensive Surface Water Facility Plan. The proposed on-site detention ponds provide capacity for this additional 1.11 acres storage. The proposed flow control and water quality facilities, are adequate to serve the proposed development. Final review and approval ofthe storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. Staff Report to the Hearing Examiner Preliminary Plat of Saghalie Firs Page 9 04-1O3295~SUI Doc lD3J092 x ANALYSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c). the Hearing Examiner may recommend approväl of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan. 'Staff Comment: The application is subject to the'adopted 2003 Federal Way Comprehensive Plan (FWCP), which designates the property as Single-Family High-Density. The proposed land use, Single-Family Residential plat, with 7,200 square-foot minimum lot size (RS- 7.2), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted. by reference from the comprehensive plan. Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with the current Single-Family High-Density land use classification of the FWCP and map. Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire Department. Future development of the plat and associated improvements in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in Section 20-2. Staff Comment: The proposed preliminary plat would promote the putposes identified in FWCC Section 20-2, and the standards and regulations therein, as identified in the staff report, including effective use ofland, promotion of safe and convenient travel on streets, and provision for the housing needs of the community. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20- 178 through 187- Staff Report to the Hearing Examiner Preliminary Plat of Saghalie Firs Page 10 04-JO3295-SU I Doc ID 3 1092 Staff Comment: As proposed, the plat is general1yconsistent with the development standards listed in Sections 20-151 through 157 and 20-178 through 187: The proposed plat is not consistent With the FWCC requirements in regard to retention of vegetation on the site (FWCC 20-179). While the applicant proposes to retain some areas of mature vegetation including some significant trees, these areas are limited in size. The proposed area to be graded is larger than the portions of the site that are to be improved by infi-astructure and/or have unique site characteristics. The modification to the proposed grading limits recommended by City staff would comply with the provisions of this section. XI FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposed action is to subdivide 9.57 acres of vacant land into 34 single-family lots. 2. Pursuant to City's September 18, 2004 Notice of Complete Application, the plat is subject to codes and policies in place on September 18, 2004, including the 2003 Federal Way . Comprehensive Plan (FWCP). 3. The subject property is designated Single-Family High-Density in the 2003 FWCP. 4. Zoning for the site is RS-7.2 (minimum lot size 7,200 square feet). The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations. 5. An Environmental Mitigated Determination ofNonsignificance(MDNS) was issued for this proposed action on February 5,2005. There were no appeals of the MDNS.. 6. As proposed, each lot contains an adequate size and shape building envelope to contain a future single-family rësidence. Preliminary building setback lines (BSBL) are identified on the preliminary plat map. . 7. No open space is proposed on site. Pursuant to FWCC Section 20-155, the applicant has proposed fee-in-lieu of on-site open space fee. The fee-in,.lieu of on-site open space shall be paid at the time of final plat approval. 8. An August 17, 2004 geotechnical engineering study, states that site soils are moisture sensitive due to their high fIDes content, and once disturbed in a wet condition, they will be unsuitable for support of fòundations, slabs, or pavements. The study recommends that a summer earthwork schedule be observed due to these soil conditions. 9. The northern half of the subject property is forested and includes associated underbrush. The southern half of the site consists of grassy areas with a few trees. Significant tree retention and/or replacement shall be provided in accordance with FWCC Section 20-179 and 22-1568. Trees that may be left on individual lots following the plat infrastructure construction may be removed during individual home construction and subject to retention and replacement standards of FWCC Section 22-1568. Staff Report to the Hearing Examiner Preliminary Plat of Saghalie Firs Page II 04~103295-SU / Poc JD31092 In a November 12, 2004 letter (Exhibit 13) to the City, the applicant has requested approval to clear and grade the entire site at the time of construction of the plat infrastructure. The applicant identified unusual site conditions, that City staff concurred with, that support some expansion of the clearing and grading limits from the areas associated with infrastructure and utility improvements. Allowing for the clearing and grading of these additional areas, particularly within the northern portion of the site, will alleviate on-site and off-site flooding conditions that would result from maintaining existing topography on these portions of the site. However, the applicant's proposal for clearing and grading the majority of the site is not compliant with FWCC Section 20-179, which states: "All natural vegetation shallhe retained on the site to be subdivided except that which will be removed for improvements or grading approvedin the preliminary subdivision or short subdivision. " "Existing mature vegetation ~hall be retained to the maximum extent possible. " Areas where grading should be pennitted are identified on a modified clear and grade alternative plan (Exhibit 16). The areas recommended for clearing and grading are the areas for right-of ways and utilities, and areas where topography would hinder the functioning of the on-site stonnwater detention facilities. Areas not recommended' for clearing and grading are those areas where nrinimalgrade change is proposed on the preliminary grading plan, and the resultant grading is generally a convenience for site development. 10. The pròposed clearing and grading of the majority of the site would result in the removal of all but eight significant trees at the site. The proposed significant tree retention/replacement plan does generally comply with FWCC Section 20-179 and 20-186. Provisions must be included for retention and/or replacement of significant trees at the site, in accordance with applicable FWCC requirements. Ifreplacement significant trees are necessary to meet FWCC requirements, the significant tree replacement trees shall be located in perimeter planter strips Tracts A, B, and/or C. 11. Prior to proceeding with plat construction, a fmallandscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval in accordance with FWCC requirements. The landscape improvements shall be completed prior to final plat approval, unless a financial guarantee is approved by the City for completion of the landscape improvements. The final landscape plan shall include, at a minimum, the following elements: A. Non-residential land use buffer landscaping in Tracts A, B, and C per FWCC Section 22- 1566; B. Street trees in right-of-way landscape planter strips per Public Works Department Stanruuds; , C. Landscaping ofthe Tract C and D wetponds shan be in accordance with Public Works standards. If cyclone fencing is used around the stonn drainage ponds, the fencing shall be coated black or green. Staff Report to the Hearing Examiner Preliminary Plat ofSaghalie Firs Page 12 04-1 03295.$U I Doc 1031092 12. Development of the site will create additional runoff ftom new impervious surfaces such as streets, driveways, and rooftops. Stonn drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary stonn drainage TIR by AHBL, as revised November 12, 2004, was reviewed and accepted by the City's Public Works Department. Levell flow control and Resource Stream Protection Menu water quality treatment is required for this site per the J 998 King County Suiface Water Design Manual and the City of Federal Way Addendum to the manual. The preliminary design proposes to collect and convey water through a series of pipes and catch basins into two storm drainage detention ponds and water qualîty treatment facilities located at the northern lìmits of the site. The proposed flow control and water quality facilities are adequate to seIVe the proposed development. Final review and approval of the stonn drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. 13. An August 2004, Traffic hopact Analysis (TIA) by Transportation Engineering Northwest was submitted for the project. Public access will be provided by an extension of 19th Avenue SW along the eastern boundary of the site, which will connect the site with SW 336th Street to the north. In addition, SW 341 Sl Street will be constructed through the site, connecting the site with 21 SI Avenue SW to the west. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout ofthe Saghalie Firs subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. 14. 19th Avenue SWand SW 341S'Street along the project frontages shall be improved to Local Access Standard coITesponding to a Cross-Section "S." The required street improvements will include 36 feet of pavement (curb to curb), vertical curb and gutter, four.foot planter strip with street trees, five-foot sidewalk, streetlights, and a tl1fee-foot utility strip all within a 60-foot right- of-way. Along the southern portion of 19th Avenue SW and western portion of SW 341 Sl Streets, where two-thirds street improvements are allowed, the paved street shall be 28 feet minimum. SW 341s' Street shall be improved to full width at the 21st Avenue SW with 35-foot radii. 15. Internal plat streets (cul..<fe-sac streets «Road A" and "Road B") shall be improved to Local Access Standard coaesponding to a Cross-Section "W." The required street improvements will include 28 feetofpavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot sidewalks, and three-foot utility strips with streetlights. AU this shall be built within a 52-foot wide dedicated ¡jght-of-way. 16. The applicant provided a September 8, 2004, school access analysis. The school access analysis has been reviewed by the Federal Way School District. New frontage and internal plat sidewalks will provide a safe pedestrian route of travel for school children that walk to Saghalie Middle School. Transportation to Olympic Elementary School and Decatur High School is via bus transportation- Federal Way Public Schools has requested the developer construct traffic calming devices in the vicinity of Saghalie Middle School. Traffic calming is a SEP A mitigating condition of the MONS. StaffRepoTt to the Hearing Examiner Preliminary Plat of Saghalie Firs . - Page 13 04-1O3295-SU /00< ID31092 17. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessazy water and sewer services from the utility provider. 18. The proposed preliminary plat is pennitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning'" 19. The proposed subdivision and all attachments have been reviewed for compliance with the FWCP; FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. As proposed, and recommended by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations. 20. Prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. xu RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services reconunends approval of the preliminary plat subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Final review of the storm drainage engineering plans will occur in conjunction with full engineering review- 2. Due to the existing site soil conditions, a seasonal clearing restriction from October 1 to April 30 shall be required. ' 3. Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately 17 of the proposed lots) shall be generally consistent with the clearing limits depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit 16). The clearing limits identified on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would provide for the functioning of the proposed on-site storm drainage wetponds and alleviate large areas of on-site flooding. The clearing and grading limits on the approved plan may be modified with the approval of the Conununity Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. XIll LIST OF EXHIBITS 1. Cover Sheet, revised March 16,2005 (sheet 1); Boundary and Topographic Survey, revised November 12,2004 (Sheet 2); Preliminary plat map, revised November 12, 2004 (sheet 3); Preliminary Grading and Drainage Site Plan, revised November 12,2004 (sheet 4); Preliminary Water and Sewer, revised November 12,2004 (sheet 5); and Preliminary Landscape Plan by Lane and Associates (Sheets L-1, L-2, and L-3) revised November 12, 2004 . 2. Master Land Use application for Saghalie Firs Preliminary Plat application Staff Report to the Hearing Examiner Preliminary Plat ofSaghalie Firs Page 14 04-1 03295-SU / Doc ID 31092 3 ~ Notice of Application maIling list for property owners within 300 feet of the proposed plat, September 17,2004 . 4. SEP A MDNS notice mailing list for property owners within 300 feet of the proposed plat, February 4, 2005 5. SErA MONS, February 5,2005 (with Staff Evaluatîon) 6. SEP A Checklist for Saghalie Firs, August 17, 2004 7. SErA comment letters (2) 8. Staff response to SErA comment letters (2) 9. Preliminary Technical Infonnation Report (TIR), revised November 12, 2004 10. Altman Oliver Associates letter re: Wetland Reconnaissance, November 7, 2003 11. Altman Oliver Associates, letter re: Wildlife Habitat Assessment, November 7, 2003 . 12. City of Federal Way letter to AHBL re: roadway modification request, November 9,2004 13. AHBL letter to the City re: request for mass grading, November 12, 2004 14. Effects of Grading for Roadway and Pond Construction, site plan, February 3, 2005 IS. Proposed Clear and Grade Alternative, site plan, February 3,2005 16. Staff Recommended Proposed Clear and Grade Alternative 17. Traffic hnpact Analysis, by Transportation Engineering Northwest, August 2004 I 18. School Access Analysis, by AHBL, September 8, 2004 19. Federal Way Public Schools comment letter, January13, 2005 20. Certificate of Sewer Availability by Lakehaven Utility District, November 24,2003 21. 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' CIIYIF "21N,R&E,WfI TÐM I.~ fii i¡¡¡" 'u !:"~ f ¡ r , Y1CJtITY' JlAP ........' lNIØSI:<1't ~ - 0"" U$,t1'J.!ill J>,1JIQS!,n ,Q¡j"'~~,1'lS ., ~~$1". \l.!1E JOO !253);m..m:f 8iU:( t;NI£ "IE'!I ooiìPl 11/. 98O5:t 'Wi "1[-""S13""~M; ~1 ~St1o$ 11Umt.&11ø:1i. m it !á.éfB~ 1UF>!iI'liØ; iII3Q. !f;;~ ~ JIIIict ~ POItI Iì\E'II( 2>.;$' $1', II$! ~ 1RACT D FCW AIiI1k _..,'~~!-C OOIFI'\I!I:¡¡¡sijt¡¡,Ttt1o ~ ,....,.iö(oOOf/ ~:~ is 12--SFilŒfrN4HESlI8'M.- ~YS¡; $l!Œ¡P!*.YIIESÐEJ!1IA.,' 'RIm !lÐ:WJ!¡ PRCIPO!Œ:' M ',ñt).\tU,~ SmŒf'tÆ ~'t"$¡St£(T \ Sl34I>fSUlEEl11l'f,!£(tø~ -$Œ>IŒfT , tllEleut¡,c¡xss;S$tt'IS: ~If- &SIIa\ $:O\JN. t.I!:ÐWÆIl ~ IAIŒ!WÐI - S'Iõ1tI<PIP£Oo:I -' !i£E SHEEH td S ij JO' ~ '~ ". I£íII: ~--~ tðflÆ.!i TImL lOlill!:'k SI/.\l!EStWIÆk uaœrr rot "'4: 116,æJSF' 12ODSf -SF -.- SAGHAUE FIRS PREUMltfARY PLAT ...... S.g~ Firs, llC Ta¡'JÚ'D&iI.'o_"1rtc. """,...,. "..,.."".... '" '-,"~"",,_. "'.-- !'#i-- I !~ ¡,~ I "NOV, 12. 2004 I 6- IA .t. A ~ ",':';;;C;i';iŸ;;~ -.uw PLAt 1iXÞ!l"", -~,~ - .,,"- -... ~ .1111 ...-.. IiJIifWI!I -.,~, ¡, 'r i I I ' ! i I i I ¡ I Hearing bt"þjner G 1 I elSe N°4 : ExLibl' Nf.: T g 11 . i pv ...... 8 8 August 18,1004 Mr. Cat}' Roe Public Works Director CÎt}, of Fed(:¡;al Way PO Box 9718 , Federal Way, WA 98063w9718 Project: Subject: , Saghalie Firs, Part II, OUt Job No. 203102.31 Roadway Modification Request (or Sagþalie Fus Preliminary Plat File #O3-1Q4776-000-O0.pç Dear Carr; The applic;mt for the Saghalîe Firs Preliminary Pla.'!: is hereby requesting a Modification from the Federal Way Zoning Code, Chapter 22, Article xVI rebted to improvements for new development. Section 22-1477 states dut the pubþc \vorks director may modify, defer, Or waive requkements for roadway hnprovemeiHs on¡1y after consideration of a written request. TIlls Modification Request proposes a modiftCatioh to, the consttUccion of 2/3 improvements fpr SW 341" as outlined in the 'City's pre-application meeting letter, to provide Emergency V ehiclè acèess at this location :until such time that the Cit}' resolves l:XÍ$ti.ng alignment conflicts. A complete description ot the, reasons and special cirC1.Jm$c:¡nces for chis request as well as a gn¡.phic that' illustrates the pto'pett'f and èX.Îsring roadway ~nts is enclosed.' ',' Project, Location and Description , , Applications for the Saghalie Firs Pre1imiruuy Pla.i ~oU~wing Process IV have been submítted COncurrent with this Modification Request. Sághàlie Fírs is a proposed 34.1ot single-family residential subdivision 00 9.57 acres Ut the City offed~tal Way~ ' , I ' , , , , The Sagbalie Firs Preli,m.inary Plat is comp1:ised oftV¡o parcels locareci ea.st of 21 st A ventlt' SW at SW 341st Street and south ofSW 336th Street ,at the current terminus of19rh A\-enue SW. The address' is 34025 19th Avenöe SW and the King County tax parcel ntltnbeù are' 242103.9006 and 242103-9054. The tWO parcels are generally rec~~~~ in shape_~~a '---66=foot"pañ1iandle"'-ilii"texceridSfrom.'diewest edge-'o'tcherectangu1a.t parcels, west to 21st Avenue SW. The property codle north of me panhandl~ is ()wil~ by the Evergteèo Bible Chapel and the property tó the south of the panhandle is owned by Washington State Department ofTEaI1s¡x;rration (WSDO1) for the Twin Lakes Park and Ride. / Civil €ngin88f!1. St'ucrufal Engi"ðefS Laf!dScJaþ8 Afci/iled;, C:OrfImUfíly Plannsrs J..IJ/'I(J Surveyors NeíJhbofS \ r A C 0 M'A, 2115 NarUl3Olll Slrut Suite3\JO Tacoma. Wi 984~ 2S3.383..2422 In Z!ì.'!..383.25/2 FAX LOO/ZOO'¿ £L£L# 6£v9ZLZ£ÇZ £0:11 900Z.60'ÃYW -,.,""" -.: ,.--" . 8 8 Mr. C2J)' Roe -\ugusr 18,2004 PIIge 2 ¡ . ull .,11:. I. I . I i I ¡ . " ¡I. . ¡I. . Proposed access to rht: site will be via the extension:of 19'" .lh-enl,.l~ $W along the property's east boundary. SW 341 il Street will be Constlllcted 1:0 e~œnd east-west from 19th Avenue SW t 21;( A venue SW within th~ proposed plat- . ! . J I I . ¡ Basis for Modification In the City's 2002 Comprehensi,'e Plan, the fut1)r~ extþnsion ofSW 341~( £xom 19¡h Avenue SW to 2l" Avenue SW is shown as a !Pla~ned Street Seccion Type S - two lanes plus parking (single-family). However. the project is ~ot included in the City's 2004-2009 Transportation Improvement Plan. ¡ I In the City's pre-applicacion meeting letter dated :Pec~,mber 1, 2003, conunems from the Public Works Traffic Division stated that the appijcanf would be expécted to constrUct . u I' ~ SW 341 Street to Type S street cross-section stan~[ct$ from 19 Avenue SW to the west edge of the rectangu.lar porcion of the property. F~oml that edge, the applicant is expected to transition from. fuD width to 2/3 Street improvem~nts jlnd then transition back to full width at 21" Avenue SW. The letter further stated that the r9adway should be aligned with the existing stteet on the west. side of 21 ~( Avenue SW~ A ~opÿ of the letter is pco,'ided. I. ¡ . I : View oj SW 34~ Street (left) from bkS tJl171-in I This Modification Request proposes a modificacion to ilie improvements required of SW 341-;1 requested in the City's pre-application meeting letter until such time that the City resoh.-es existing alignment conflicts. The applicant proposes entering into a No-Protest Waiver Agreement with the Cirr for the full consrmccion of SW 341" Strtet at a future date. I I I ! -- LOOI£oo'a HU# ---- 6£t9GLZ£~Z £0:11 gOOZ.60'ÁVW ." .-0 8 \ i I I, 8 ~ft. Cary Roe _-\ugust 18, 2004 Page 3 i ¡ !. i At this time, we see three options for irnproveme~ts tþ SW 341" Street in coojunction with the de\Velopmeot of Saghalie firs: ; , ¡ , : ' , ; i' ' (1) As outlined in the City's pre-application letcér~ cÓOSttt,.lct SW 341st Streer to align with SW 342nd Street. In chis scenario, right~of.war would need to be acquired by the City from WSDOT. The WSDOT property has þeen developed by WSDOT for the Park and Ride, howe".ert and may not be available Or acceptable to WSDOT for dedication. furthermore, the applicant does not own the prçpúty necessary to align the intétSecÚons ofSW 341st Street and SW 342nd Street and negotíarions with'WSDOT have been unsuccessful In addition, the separaboo along 21'" Avenue SW of the proposed intersection oESW 341st / SW 342nd ~nd the existing bus turn intO the Park and Ride lot would be apptoXÍ1'n9.tely I1S', w¡hich is less {haa the intersection spaeirtg requirements as required pee Federal Way City COde. Please refer to Ollr attached exhibit. . ¡ i Construct SW 34101 Street within the existing panhandle location. This ah:ernatìve is problemaJ:ic in that the panhâ1\dle is approxima.tdy 90 feet, centerline to centerline, from the existing alignment of SW 342"J Street. Coastnlction of SW 341~' at the existing location would not meet the City's Public Works Development Stal1c{ard 3.2.1O.B.5 which states that offset intersections shall be avoidd. Ie would also conflict with the City's minimum intetSection spacin~ stapdards- I I Construct SW 341st as proposed in this Mo~fidtion Request. Under this scen:u:io, th roadway would be <:onstroeted to full width throogh the developed portion of the property- The roadway would be cransitioned to:Emergency Vehicle Access along the length of the panhandle:. This Modification Request proposes a temporary solution chat provides secondary access for Saghalie F'i.ts to meet EVA requirern.entS while issues related to the proper alignment are resplveä by the City at a future date. ! I I , (2) (3) Response to Code Federàl Way City Code 22-1477 states that the public works director may modify, defer, or waive the requirements fór: roadway Ímprovement$ after consideration of a writren request. This Modification requests the !e:duction in the requir~d roadway improvemeats for the extensiOn of SW 341~ to 21>1 Avenue SW, The code rJquíces that the following items are addressed by the modification request: (1) The improvement as required would not bt: hatmonious with existing street improvements, would not function properly Of safely Ot would not be ad¥antagGous-tG the-neighborJ;tood or city as a whole. . m . III , II.. :'11 LOO/VOO'd £LtL# ----- 6£v9~L~£~~ £0:11 ~OO~60'Ãqw 8' 8 Mr. Car}' Roe .\ugI.lSt 18. 200t P:4ge: 4 .11 . ., II, I ! i Imptovement option (1) stated above would not!be ~armonious or safe beca.U$~ eJcistit:1g str~et improvements prevent the alignment from! me~ting Cit}. int~rsection' spacing requirements and would create an unsafe conilici bed.veen the proposed intersection and th bus entry to the Park & Ride lot to the south. Furth~rmore, the applicant does not own the property necessary to align the Ïrttersections ofSW 3f1" Su-eet and SW 34200 Street and negotiations with WSDOT ha,,'e been unsuccessful. ¡ ¡ 1 Improvement optiOJ1 (2) would not be humonio~s of safe because ex.isting screet improvements prevent this alignment from meetipg CXitr intersection offset and spacing requirements. Having intersections doset than t~e City minimums would cause driver confusion and Cteate an unsafe condition. ¡ I ~ I The proposed improvement would limit access a~ sW¡ 341st Street to Emergency Vehicles, pro\fiding a temporary solution to existing ali~ent and safety issues. (2) Unusual topographic or physical conditions:preclude the COl1$tNction oCme irnpJ:ovcmentS as required. i ¡ , , ¡ The existing physical conditions preclude the constnlction of the improvements as required. These conditions relate to the existing development df propert}' surroundiAg the area precluding safe roadway alignment thac meets City code. (3) Proper vertical or hod%ontal alignments ba~ot be detecm..ined because the existing streetS do not have cortect alignjeits. As stated previoll$ly. this request is based on the fact that the horizontal alignrn~nt of the existing "panhandle" is not aligned with the inte~eccibn of SW 342"11 and construction of a. new City road at this loeanoa would cause an I.1l1s~fe 1ondirion. - : I (4) The requ.ire4 improvement is part of a lafge~ project that has been scheduled for¡ ~onstmction in the city's adopted sèç-year transponation improvement program I . j The ~xcension of SW 341 ~C Street is not included i.ft th~ city"s six-year TIP. ! I In conclusion. the Applicant has proposed a proj¿ct Jith a roadway layout chat addresses th requirements for access and plans for the future consUucrion of SW 341 'I Street (0 meet the intent of the City's Comprehensive Plan. Granting of the Modification is necessary fol: this development [0 proceed while the City resolves the alignment issues for th.Îs roadway. The requested Modification is based on sound engineering judgment and requirements for: safety, ---fuQctioJ)" and ~intainability-are-JuUy :met. LOO/gOO'd £L€L# ---- 6£v9ZLZE9Z £O:!! 900Z.60'Ã¥W 8 I I I I ! i i . I 8 .Mr. CaI)' Roe ..\ugUSI 18.2004 Page 5 i I. ¡ ; 1 ! II I' Our project team is availablé to answer any quescifns}hat may arise:. Pleø.$e feel free to contact me at (425) 869-1300 with any questions ?r rt;quests for additional information. i . . j ~aØ#-- Matt Webec, P.E. Ptoject Manager MW flak c: ; j i I ~eb. Barker~ Deparaneot of Community pbhniP.~ & Development l....evLn O'Bnen. Taylor Development : ¡ Craig Sears, Taylor Development Sean Comfort, AHBL Lisa Kleirt, AHBL 102ItrO40818.doc: 'u8 .-'11. LOO/900'd £L€L# ---- 6£~9~¿~£g~ £O=1~ gOO2.60'XVW .,. ... C/) CÞ ::s cr cu A: c 0 .- .. ca u .- 'I- .- " 0 :i ~ fa ~ " en ~ ... 0 c a:: Q) III E ... c .... m 1&.= G) C = U) ca----c-- .c; m .!!! ca >C U)w LooILoo'a -- 8 .. 0 0 ~ II .. .. ,.... .. Got - CU U eta 'ê:Lf:L# 6'ê:v9~L~'ê:S~ 'ê:O:!! SOO~160'Xìl¡"¡ FILE _..Å Federal Way MEMORANDUM Community Development Services Department DATE: April 18, 2005 TO: City of Federal Way Hearing Examiner Janet Shull, AICP, Contract Plannetf ~ FROM: SUBJECT: SAGHALIE FIRS PRELIMINARY PLAT (04-103295-00-SU) Further Review of Proposed Clear and Grade Limits Community Development Services Department and Public Works Department staff has had the opportunity to review additional infonnation provided by the applicant (attached Exhibit 1) submitted electronically on April 6, 2005. The exhibit iiIustrates the potential for on-site ponding that would result with the clear and grade limits as recommended by staff in the Report to the Hearing Examiner dated March 18, 2005 (Exhibit 16). Upon further review of the potential ponding effects of the staff-proposed clearing and grading limits, staff maintains that the clear and grade limits should remain as recommended in the Hearing Examiner report dated March 18,2005, Condition Number 3. This decision to maintain the original recommendation is based on the following: 1. Based on the applicant's analysis (attached exhibit), limits ofponding can be anticipated to be greater in the vicinity of lots 21-24 under the staff recommendation. However, the ponding in the vicinity of Tract A related to the off-site stonnwater flow is eliminated. Therefore, the overall potential ponding area for the southern half of the subject site, as a result of the staff recommendation, is roughly equivalent to the potential ponding resulting from clearing and grading for the on-site improvements only (Exhibit 14 of Staff Report to Hearing Examiner); 2. The potential ponding in the vicinity of lots 21-24 under the staff recommendation will not threaten life, safety, or improvements. 3. There has been no detailed infonnation provided by the applicant as to the frequency or duration of the potential ponding. 4. The City's engineering consultant, (Weston Oft, Perreet Engineering) reviewed the applicant's TIR {Exhibit 9 of the Report to the Hearing Examiner) with regard to site soil conditions. According to the applicant's TIR, runoff from non-polluting surfaces is expected to be infiltrated (Section 4.2 - Developed Site Hydrology). This would seem to indicate that the soils on site will accommodate infiltration. The wetland biologist reviewing the site did not indicate any areas with standing water, which also is an indication that the present configuration of the site allows for drainage- It appears that there is four to five feet of soils that should support sQme degree of infiltration on top of dense glacial till in the area where water may pond. No groundwater seepage was noted during the time the borings were taken, which further supports the idea that surface water in this area would be able to infiltrate. 5. The ponding would be the result of on-site flow originating primarily ITom the lots that are not being cleared and graded for infrastructure development (lots 19-31). Retention of existing vegetation on lots 19-31 would facilitate infiltration of stonnwater and lessen the extent and duration of on-site ponding represented on the attached Exhibit 1. 6. Off-site stonnwater flow is addressed in the staff rec.ommepdation, which allows for clearing and grading of Tract A along the western property line. This off-site flow is the primary contributor to the existing ponding on site and apparently was resolved by the staff recommended clear and grade limits. 7. Staff is supportive of a modification to the clear and grade limits in the vicinity of Tract A, if it is determined to be necessary to ensure off-site flow is captured and conveyed to the stonn detention facilities (for example, construction of a berm just east of Tract A). Any such modification of the staff recommended clear and grade limits is supported by Condition #3 of the Hearing Examiner Report dated March 18,2005. Attachment: Exhibit I, Effects ofStatrProposed Clear and Grade Alternative 04-103295 Doc_J.D- JIJI7 FILE QTTOF.,4 Fed e'ra I Way MEMORANDUM Public Works Department DATE: April 19,2005 TO: City of Federal Way Hearing Examiner ~ FROM: Ken Miller, Deputy Director Public Works SUBJECT: SAGHALIE FIRS PRELIMINARY PLAT (04-103295-00'-SU) Additional Infonnation regarding SW 341 st Street The purpose of this memorandum is to provide additional infonnation regarding City staff s denial , (November 9,2004) of the applicant's request for a roadway modification to SW 34lst Street to provide for emergency vehicle access only. The report to the Hearing Examiner, dated March 18,2005, contained a copy of the City's denial letter (Exhibit 12, November 9,2004). The following is additional infonnation in support of the denial of the applicant's roadway modification request: 1. SW 341 st Street is depicted in the Comprehensive Plan (Map ID-5) to connect from 19th Avenue SW to 21st Avenue SW. A11yrevision would require Council approval. 2. The /fplicant's proposal to construct SW 341 st Street for emergency vehicle access only would result in 19 Avenue SW being the only vehicular access to tbe proposed 34 lots as well as several existing single-family residences located east of the proposed plat. The proposed plat and the existing single family will generate in excess of340 daily trips. Furthermore, 19th Avenue SW would be a dead end roadway tenninating at the southern property line of the subject site. This would result in more than 25 lots being accessed by 19th Avenue SW. Per the development standards for local street (FWCC Section 22-1528), a single-family development of25 lots would generate approximately 250 average daily traffic. To provide a safe and efficient traffic circulation, a second access should be provided for any single-family development that generates more than 250 average daily traffic. 3. Subdivi$ion should be designed so that traffic is distributed in a logical manner toward a còllector street system, to avoid intrusion or overburdening of residential streets, and to connect with planned or existing streets (FWCC Section 20-151). The proposed plat would meet this requirement with SW 34lst Street connecting to 21st Avenue SW. 4. Per FWCC Section 22-151 (c), No Street or combination of streets shall function as a cul-de-sac longer than 600 feet. Without access through to 21 st Avenue SW, 19th Avenue South and SW 341 st Street would essentially be a cul-de-sac of 1000+ feet in length, 5. Per FWCC Section 22-151 (d), Blockperimeters should be no longer than 1,320 feet for nonmotorized access, and 2,640 feet for streets. IfSW 341 st Street does not connect to 21 st Avenue SW, the block perimeter requirements of FWCC Section 20-15 I (d) for vehicular access are exceeded. 04103295 Doc. J.D. 31328 -.'f..}"..~.'~.J.' "". .~I...'~ ~ =~.'~ .."""..,." ,""...... ffii "".. ..,."-""~._",,,, ~ ... 6. SW 341 st Street is a panhandle access for the subject property and is culTently used as an access easement for the existing single-family residences located east of the proposed plat. 7. The previous development that was referred to in the applicant's testimony on April 5, 2005, was a different use than the proposed single-family subdivision (multi-family senior housing). In addition, that project had a condition whereby a second access to SW 344 th Street was to be provided. 8. To reduce cut-through traffic, the Federal Way Public Schools (FWPS) is satisfied with the traffic calming measures that have been applied to this project as a SEP A condition. In addition, in the second letter submitted by FWPS (Exhibit 19 to the Hearing Examiner Report), FWPS states that the construction of SW 341 st Street may serve to alleviate difficulties with bus access to Saghalie Middle School by providing an alternate access route from 21 st Avenue SW to the school site. In regard to the possible cut-through traffic, staff does not agree with the applicant's traffic engineer assumption of 3,000 plus vehicles daily using 19th Avenue SW as a result ofSW 34pt Street connection to 21st Avenue SW. 8th Avenue SW between SW 356th Street and SW Campus Drive has an average daily traffic of 1,139. 19th Avenue SW, which is the same roadway classification (minor collector) as 8th Avenue SW would be expected to have similar traffic volume when fully extended to SW 344th Street. Please see attached traffic count data. Basedon the above information, City staff maintains that the applicant's request to construct SW 341st Street for emergency vehicle access only should be denied. 04103295 00<:.1.0.31328 Saghalie Firs Preliminary Plat Effects of Staff Proposed Clear and Grade Alternative ...,,- ..."""........"',' ~.~ ;::::::...-:-' ¡~j:~"~-~ ;râ~ ,r"d~d ~ ib 9~' \..." , , ~~~~j '\ , ~~h;! L -~--~------""'~:.J ~~ "" .L;;~¿-',-'~=:"'",<;,"O"" ,4 Unique Site Conditions: Upstream/Off-site Drainage must be controlled to correct a drainage problem downstream Legend: ~ flow arrows limits of clearing and grading significant trees to be retained * Fill necessary to convey drainage and avoid ponding possible area to be protected from clearing and grading until future home construction . PAlIK AND RIlE PONDS ~ '" , -- - ~-~~¿~' , ' ,.~, - - grading necessa-ry for;'/' construction staging ~,' 1 and roadway fill . ponding , :, ~ a-~\---,-~--==-------------i ,J " c ¡ - ;': ,~.'. J:;; : i, J !1i', ~_~~\I, i~~ lt~:;~ GIW'HIC SCALE 8 hr_~ i , ....., .-." A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF SAGHALIE FIRS, FEDERAL WAY FILE NO. 04-103295-00-SU. WHEREAS, owner Kevin O'Brien applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Saghalie Firs and consisting of 9.57 acres into thirty-four (34) single-family residential lots at SW 34pt Street located east of2pt Avenue SW; and WHEREAS, on February 5, 2005, an Environmental Mitigated Detennination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, the Federal Way Land Use Hearing Examiner on April 5, 2005, held a public hearing concerning the Saghalie Firs preliminary plat; and WHEREAS, following the conclusion of said hearing, on April 27, 2005, the Federal Way land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the Saghalie Firs preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on May 16,2005, the City Council land Useffransportation Committee considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, pursuantto Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Saghalie Firs preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on June 7, 2005, the City Council considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's April 27, 2005 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council inunediately above, the Saghalie Firs Preliminary Plat Federal Way 04-103295-00-SU, is hereby approved subject to conditions as contained in the April 27, 2005, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision ofthe subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional Res. # , Page 2 proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of 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, WASHINGTON, 1HIS _DAY OF ,2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATIEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED As To FORM: CITY ATIORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BvTHE CITY COUNCIL: RESOLUTION No.: Res. # , Page 3 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE 8T AFF REPORT DATE: TO: May 16, 2005 VIA: FROM: SUBJECT: David Mo y, anager patricia A. Ri rdson, City Attorney fl¥- Proposed Interloca1 Agreement Between Federal Way and King County Relating to Records Transfer, Public Works, Surface Water Management, Jail and Police Services in Annexation Areas Policy Question Should the City Council approve an lnterlocal Agreement with King County to delineate the shifting of responsibilities for North Lake, Redondo East and Parkway Annexation Areas from King County to the City of Federal Way? Background On December 21,2004 the City Council voted to approve the Annexation of North Lake, Redondo East and Parkway Areas from King County and the Annexation was effective January 1, 2005. The City and King County agreed to continue negotiations about the transfer of responsibilities for the Annexation Areas after the effective date. On February 1, 2005, the City Council voted to approve an Interlocal Agreement with King County for permitting in the Annexation Areas, but issues related to Records Transfer, Public Works, Surface Water Management, Collection of City Drainage Fees, Jail Services, and Police Services in the Annexation Areas remained unresolved. After extensive discussion and negotiation, the City Staff and King County have developed an lnterlocal Agreement to address these issues. Representatives from Public Works and Surface Water Management have met with King County to iron out operational issues not addressed in the proposed lnterlocal Agreement. The attached draft represents a working compromise that addresses the transfer of responsibilities for the Annexation Areas. lnterlocal AQJ'eement Term. 5 years. Records Transfer. The County shall transfer to the City all design and engineering drawings, as built drawings, improvements to and facilities of the right of ways, and maintenance records related to Roads and Surface Water Management in the Annexation Areas. The County shall also provide such other specific records as the City may request in writing from the County. Surface Water Management. The County shaH transfer to the City, and the City agrees to assume ownership and fun and complete responsibility for the operation, maintenance, repairs, 1 and any subsequent improvements to the drainage facilities. The City agrees to accept the Drainage Facilities and Drainage Facility Property Interests in AS IS condition. Collection of Drainage Fees. The parties agree that in accordance with the terms of the agreement executed by the Parties in 1992 and amended in 1997, the County on behalf of the City shall bill for and collect the City's surface water management fee within all areas of the city limits, including the Annexation Areas, Jail Services. All misdemeanor crimes that occur in the annexation areas prior to the date of annexation will be considered crimes within the jurisdiction of King County for the purposes of determining financial responsibility for Jail Services. An misdemeanor crimes that occur in the annexation areas on or after the date of annexation will be considered crimes within the jurisdiction of the City of Federal Way for the purposes of determining financial responsibility for Jail Services. Police Services. On the etfective date of the annexation, police service responsibility within the annexation areas transferred to the City. Criminal cases and investigations pending in the County prior to the effective date ofthe annexation remain the responsibility ofthe County. The parties have agreed to implement the police transition plan attached to the Agreement as Exhibit D. Options 1. Forward the proposed Interlocal Agreement to the fun City Council on June 7, 2005 with a recommendation of approval. 2. Modify the proposed lnterlocal Agreement and forward to the fùll City Council on June 7, 2005 with a recommendation of approval as modified. 3. Reject the proposed lnterlocal Agreement and return to staff with recommendations. Staff recommendation Forward the proposed Interlocal Agreement to the fun City Council on June 7, 2005 with a recommendation of approval. (Option I) Committee recommendation Forward Option 1 to the full City Council for approval at the June 7, 2005 City Council meeting. ,. K:\AGNDITEM\FW Annex lLA 2.2005 - LUTc.doc 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY FOR THE TRANSFER OF RECORDS, PUBLIC WORKS, SURFACE WATER MANAGEMENT, COLLECTION OF DRAINAGE FEES, JAIL AND POLICE SERVICES REGARDING THE ANNEXATIONS OF THE NORTH LAKE, REDONDO EAST, AND PARKWAY ANNEXATION AREAS THIS AGREEMENT is made and entered into this - day of ,2005. The parties ("Parties") to this Agreement are the City of Federal Way, a State of Washington municipal corporation ("City") and King County, a political subdivision of the State of Washington ("County"). WHEREAS, the North Lake, Redondo East, and Parkway annexation areas ("Annexation Areas") became effective on January 1, 2005, pursuant to City ordinances 04-479, 04- 480, and 04-481; and WHEREAS, as of the date of legal annexation of the areas, January 1, 2005, pursuant to state law, the City owns, and has the responsibility for the operation, safety and maintenance of all fanner County roads, bridges and rights-of-way located within the City limits together with all appurtenances located within such rights-of-way, including but not limited to, drainage facilities, environmental mitigation sites and monitoring projects, street lights, traffic signals and traffic signs; and WHEREAS, the City and the County want to facilitate an orderly transition of services associated with the Annexation Areas; and WHEREAS, the City and the County desire to mutually detennine the appropriate timing for the transfer of public records; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing surface water facilities and have the County collect surface water management fees for the Annexation Areas on behalf of the City in accordance with the terms of an existing agreement between the Parties; and WHEREAS, the County sheriff department and city police department have heretofore agreed upon a transition plan relating to policing services for the Annexation Areas; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized or provided for by the Growth Management Act, codified at Chapter 36.70A RCW, the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NOW THEREFORE, in consideration of the mutual tenns, provisions and obligations contained herein, it is agreed by and between the City and the County as follows: 1. TERM. This Agreement shall be deemed to take effect retroactively as of January 1, 2005, following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing of the Agreement by the duly authorized 1 representative of each of the Parties, and shall continue in force for a period of five years. 2. RECORDS TRANSFER. The County shall transfer to the City all design and engineering drawings, as built drawings, improvements to and facilities of the right of ways, and maintenance records related to Roads and Surface Water Management in the Annexation Areas. The County shall also provide such other specific records as the City may request in writing from the County. The County shall make its best effort to provide the records within 30 days of the execution of this Agreement or with respect to records other than those specified in the first sentence of this section, within 30 days of written request from the City. If records have been archived, the County wiU notify the City that an additional 15 days may be required to retrieve the records. The County may elect to provide original records or copies of records. The County shan not be required to create records or compilations that have not already been created or to provide records that cannot be located after a diligent search. 3. SURFACE WATER MANAGEMENT. a. Transfer of Drainage Facilities and Drainage Facility Property Interests. 1. The County hereby transfers to the City, and the City hereby agrees to assume ownership and full and complete responsibility for the operation, maintenance, repairs, and any subsequent improvements to the drainage facilities ("Drainage Facilities") identified in Exhibit A attached hereto and incorporated herein by reference. The Parties both acknowledge that upon January 1,2005, the effective date ofannexation, the City undertook operation and maintenance of the facilities identified in Exhibit A, in anticipation of the execution of this Agreement. 11. The County agrees that as soon as reasonably possible after the parties have executed this Agreement it will convey by quit claim deed in substantially the fonn in Exhibit B attached hereto and incorporated by reference, to the City, and the City agrees to accept, the drainage facility property interests ("Drainage Facility Property Interests") identified in Exhibit C, attached hereto and incorporate herein by reference, subject to aU rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Drainage Facility Property Interests. b. Condition of and Responsibility for Operations, Maintenance, Repairs, and fmprovements of Drainage Facilities and Drainage Facility Property Interests. i. The City agrees to accept the Drainage Facilities and Drainage Facility Property Interests in AS IS condition, and to assume fun and complete responsibility for aU operations, maintenance, repairs, and improvements of the Drainage Facilities and Drainage Facility Property Interests. 2 11. King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Drainage Facilities and Drainage Facility Property Interests, and no official, employee, representative or agent of King County is authorized otherwise. c. Environmental Liability related to the Drainage Facilities and Drainage Facility Property Interests. i. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. ii. Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Drainage Facilities or Drainage Facility Property Interests by the County during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City perfonning construction activities on, changing the configuration of, or changing the use ofthe Drainage Facilities or Drainage Facility Property Interests. iii. If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the tenus of this Agreement prior to undertaking any remediation. iv. In no event shaH the County be responsible for any costs of remediation that exceed the amount necessary to satisfy the state or federal agency with jurisdiction over the remediation. d. Indemnification related to Drainage Facilities and Drainage Facility PropeT1Y Interests. 1. King County shall indemnify and hold hanDless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that occurred prior to January 1, 2005, except to the extent that indemnifying or holding the City harmless would be limited by Section 3( c) of this 3 Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. ii. The City shall indemnify and hold hannless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that occur on or after January 1, 2005, except to the extent that indemnifying or holding the County harmless would be limited by Section 3(c) of this Agreement. In the event that any sui t based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. iii. Each Party to this Agreement for a period of three years following transfer shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the Drainage Facilities and Drainage Facility Property Interests. IV. Each Party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. v. The provisions of this Section 3 shall survive the expiration or teTIl1ination of this Agreement. 4. COLLECTION OF CITY DRAINAGE FEES. The parties agree that in accordance with the tenus of that certain agreement executed by the Parties in 1992 and amended in 1997 (the "drainage fees collection agreement"), the County on behalf of the City shall bill for and collect the City's surface water management fee within all areas of the city limits, including the Annexation Areas, and said drainage fees collection agreement shall be deemed amended as necessary to accomplish this, until such agreement may be otherwise modified or tenninated. 4 5. JAIL SERVICES. All misdemeanor crimes that occur in the annexation areas prior to the date of annexation will be considered crimes within the jurisdiction of King County for the purposes of determining financial responsibility under the Interlocal Agreement for Jail Services. All misdemeanor crimes that occur in the annexation areas on or after the date of annexation will be considered crimes within the jurisdiction ofthe City of Federal Way for the purposes of determining financial responsibility under the Interlocal Agreement for Jail Services 6. POLICE SERVICES. On the effective date of the annexation, police service responsibility within the annexation areas transferred to the City. Criminal cases and investigations pending in the County prior to the effective date of the annexation remain the responsibility of the County. The parties have heretofore agreed to implement the police transition plan attached hereto at Exhibit D. In addition to the provisions of that transition plan, the parties further agree as follows: a. Sharing of community infonnation: The County agrees to provide lists that the County may have regarding the annexation areas to the City upon request. These lists may include, but are not limited to: members of block watch programs, community groups, and/or homeowner's associations. b. Annexation of Emergency Response (911) Services: The City and County agree to coordinate emergency response services to preserve the safety of those in the annexation areas. c. Records Retention Policy. The parties acknowledge that state law authorizes the retention, destruction and archiving of police records on a basis other than provided for general public records. Nothing in this agreement shall require either party to alter their policies with respect to police records so long as such policies are consistent with state law. 7. ADMTNISTRA TION AND CONTACT PERSONS. The Parties stipulate that the following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. City of Federal Way: King County: City Manager City of Federal Way 33325 8th A venue South P.O. Box 9718 Federal Way, W A 98003-9718 Deputy County Executive King County Courthouse Suite 4000 516 Third Avenue Seattle, W A 98104 8. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance with federal, state, or local laws and regulations. Specifically, in meeting the commitments encompassed in this Agreement, all parties will comply with the 5 requirements of the Open Meetings Act, Public Records Act, Growth Management Act, State Environmental Policy Act, and Annexation Statutes. The Parties retain the ultimate authority for land use and development decisions within their respective jurisdictions as provided herein. By executing this Agreement, the Parties do not purport to abrogate the decision-making responsibility vested in them by law. 9. INDEMNIFICATION. The following indemnification provisions shall apply to the entirety of this Agreement except for Section 3 concerning Drainage Facilities and Drainage Facility Property Interests, which Section shall be controlled exclusively by the provisions therein. a. The County shall indemnify and hold hannless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. The City shall indemnify and hold hannless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. c. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 6 d. The provisions of this Indemnification Section shall survive the expiration or tennination of this Agreement with respect to any event occurring prior to such expiration or tennination. 10. GENERAL PROVISIONS. a. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Filing. A copy of this Agreement shall be filed with the Federal Way City Clerk and recorded with the King County Auditor. c. Records. Until December 31, 2011, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Except as otherwise provided in Section 6( c), such records shall be made available for inspection during regular business hours within a reasonable time of the request. d. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. e. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. f. Assignment. Neither the City nor the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent ofthe other Party. g. Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. h. Dispute Resolution. The Parties should attempt if appropriate use a fonnal dispute resolution process such as mediation, through an agreed upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. 1. Attorneys' fees. In the event either of the Parties defaults on the perfonnance of any tenus of this Agreement or either Party places the enforcement of this 7 Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. J. No waiver. Failure of either the County or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. k. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 1. Authority. Each individual executing this Agreement on behalf of the City and the County represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County. m. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth above in Section 9. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 9. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. n. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. o. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. p. Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF FEDERAL WAY: KING COUNTY: David H. Moseley, City Manager Date: Date: ATTEST: ATTEST: N. Christine Green, CMC, City Clerk 8 DATED: Approved as to Fonn: Patricia A. Richardson, City Attorney K:\Intcrlocal\FW Annex ILA FINAL DATED: Approved as to Fonn: 9 King County facili Ifile # 091820 091821 091822 092368 092480 092625 Exhibit A Drainage Facilities Transferred to City Facility Name Address Facility Elements Dedicated Tract? Regency Woods Oiv. 1 pond 1 37200 19th Way S. Wetland, pond, ditCh, Y - Tract E ve etated ditch, 37694 18th PI. S. Pond Y - Tract H 37546 21st Ave. S. Pond Y - Tract I 1405 S. 282nd PI. Wet ond, ond Y - Tract A 36800 19th Ave. S. Pond N 3712317th Ave. S. Pond Y - Tract C 10 Exhibit B Form of Quit Claim Deed AFTER RECORDING RETURN TO: City of Federal Way QUIT CLAIM DEED GRANTOR - KING COUNTY GRANTEE - CITY OF Federal Way LEGAL - . TAX NO. - N/A The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Washington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, those certain real property interests, as legally described in ExhibitA, attached hereto and made a part of this Deed: Dated this day of ,2005. KING COUNTY, WASHINGTON BY TITLE II STATE OF WASHINGTON ) )SS ) COUNTY OF KING I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 12 Exhibit C Drainage Facility Property Interests Transferred to the City Tract A, App1ewood, as recorded in Volume 142 of Plats, pages 56-59, records of King County, Washington. (Tax Acc't No. 025130-0340) Tract E, F, H, I, Regency Woods Division #1, as recorded in Volume 154 of Plats, pages 81-97, records of King County, Washington. (Tax Acc't. No. 721265-2240, 721265- 2250,721265-2270,721265-2280) Tract C, Regency Woods Division #2, as recorded in Volume 156 of Plats, pages 16~20, records of King County, Washington. (Tax Acc't. No. 721266-1090) Easement over Tract T for temporary stonn drainage facilities, Regency Woods Division #1, as recorded in Volume 154 of Plats, pages 81-97, records of King County, Washington All drainage easements dedicated to King County or the public in the following recorded plats: Redondo East - Plat name: Recording Number: Parkway - Plat Name: Recording Number: Plat Name: Recording Number: Northlake - Plat Name: Recording Number: Plat Name: Recording Number: Plat Name: Recording Number: Plat Name: Applewood 198802160998 Regency Woods Div 1 199401111218 Regency Woods Div 2 199104230427 Equitys Uplands Diy. No.2 196604126013442 Hcatherwood Lane 20040309001515 North1ake Ridge Div 1 20040121001558 Northlake Ridge Div 2 13 Recording Number: Plat Name: Recording Number: Plat Name: Recording Number: Plat Name: Recording Number: Plat Name: Recording Number: 20041207000341 Goldmaur 196811266439614 Northlake Shore1ands Unrecorded North Lake Village Addition Unrecorded Richards North1ake Acres Unrecorded The following declarations of covenant: Declaration of Covenant filed under recording number 9605290589 over Lot "B" of short plat no. 976004 as recorded under auditors file no. 7612090656; being a portion of the north 166.00 it. ofthe Southwest quarter of the Northwest quarter of sec. 33, twp. 22 N., rge. 4E, W.M., in King County, Washington, lying between the Seattle-Tacoma Highline Co. Road (16th Ave. So.) and State Road No.1 (Pacific Hwy. So.,) except the South 60.00 it. ofthe West 100 ft. thereof. Declaration of Covenant filed under recording number 19991015000763 over lots 1, 2, 3 and Tract X of King County Short Plat No. 978056 according to the Short Plat filed under King County Recording No. 7907060921. 14 Exhibit D Federal Way Police Services Transition Plan The City of Federal Way will annex the areas of North Lake, Parkway and Redondo East effective January 1, 2005. Police-related transition considerations are described in this document. ,-~--------- ----------- --_.------ --" -. ------_u - -- --_.----------------- ---~----------------_._------------- - -- ---- Official Effective Date: Midnight, December 31, 2004 Desired outcomes 1. The King County Sheriff's Office and City of Federal Way share a goal to work together to ensure that the transition is conducted in a professional manner, and that there are no breaks in service for the residents of the annexation areas. Roles and responsibilities 1. The KCSO Contracts Unit is responsible for: a. Facilitating the transition process. b. Ensuring that all transition elements are addressed and completed. c. Working with Precinct Three to address operational components of change. d. Working with non-precinct KCSO units to ensure smooth transition. e. Serving as primary contact for city of Federal Way. 2. The KCSO Precinct Three is responsible for: a. Ensuring the operations are smoothly transitioned, including crime information as requested by Federal Way. 3. The City of Federal Way, including its police department, is responsible for: a. Ensuring that the police department is able to provide service in to the annexation areas beginning at 12:01 a.m. on January 1,2005. b. Determining the information needed from the KCSO regarding crime, detective cases, or other law enforcement activities. c. Requesting the information identified above in a timely manner. Workload 1 . Records a. The KCSO will retain all original records for events happening before effective annexation date. We will provide copies of the records upon written request from the Federal Way Police Department, following KCSO protocols. 2. Fingerprinting and Concealed Weapons Permits a. Federal Way residents can continue to receive these services at KCSO locations, or may go to the Federal Way Police for these services. 3. Sex offender tracking, contacts, and notifications a. Federal Way will become responsible for holding community meetings for any sex offenders living in the annexation areas, with the exception of already- scheduled meetings. Further, they will be responsible for all legally mandated contacts. The KCSO retains responsibility for sex offender registration. 4. Investigations a. KCSO detectives will continue to handle all investigations that are active at the date of annexation, unless otherwise negotiated with the city. At Federal Way's request, we will arrange for an information exchange with city detectives in order to pass on information regarding any cases that they will investigate. 15 Emergency 9-1-1 Services (Communication & Dispatch) 1. Federal Way Police will be responsible for ensuring that their communications and dispatch services are prepared to take annexation area calls beginning at 12:01 a.m. on January 1, 2005. This includes arranging for such 9-1-1 calls to be directed to the proper communications center. 2. The KCSO will be responsible for discontinuing communication and dispatch service to the annexation areas at midnight on December 31, 2004. They will assist Federal Way's communications service in making the switch, with Federal Way having primary responsibility. Notification to affected units 1. The KCSO Contracts Unit will notify all KCSO units of the annexations, and will work with them to resolve any concerns. 16 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: May 16, 2005 Land Use and Tr David H. ,ger Cary M. Roe, P.E., ublic Works Director (!4~ Lloyd Enterprises, Inc. Request for Amending the Designated Truck Route Ordinance POLICY QUESTION: Should FWCC 15-183 Designated Vehicle Routes be amended to include additional Streets? BACKGROUND: Federal Way City Code Section 15-183, designates truck routes (vehicles rated in excess of 30,000 pounds gross weight) only on streets with Principal Arterial classification. This truck route designation was established in 1991, via Ordinance 91-103 and was amended in 2000, Ordinance 00-365. A letter from Lloyed Enterprises, Inc. dated February 22,2005 (see attached letter) was addressed to Council Member Jack Dovey and copied to all Council members. The letter requests that S 373rd /S 376m Street corridor between Milton Road and Pacific Highway South be designated as a truck route. On April 4, 2005, Staff presented Lloyd's request to the Land Use and Transportation Committee (a copy of the April 4, 2005 memo is attached). The Committee forwarded a recommendation to the full City Council to direct staff to request from Lloyd Enterprises, Inc. the necessary funds to conduct the Hylebos Creek bridge capacity and Roadway pavement section evaluation. In addition, Staff was directed to research when and why King County placed the weight restriction on these roadway segments. When the analyses and research with King County are complete, staff was directed to return to LUTC for further action and direction. The City Council approved the committee recommendation on April 19, 2005. Staff contacted lloyd's and received commitments for payment of the actual cost of the above requested analysis. Staff contracted with King County Bridge Division to conduct the Bridge Load Rating analysis and WSDOT Testing lab to conduct the Pavement Section evaluation both analysis are complete (copy of both reports are attached to this memo). The bridge load rating analysis indicates that the Hylebos Creek bridge has the capability to support Lloyd truck traffic. On the other hand, the Pavement Section evaluation report indicates that the existing roadway section will not support the Lloyd's truck traffic. The report indicates the proposed truck traffic will reduce the design life of the existing pavement from 15 years to 4 or 5 years. The report also recommends that if the city were to allow truck traffic on the proposed truck route an overlay of 2" over the entire route is recommended. Staff also contacted King County Maintenance Division to inquire about the timing and basis for placing weight restrictions on these roadway segments. As of the date of writing this memo, King County Staff were still working on reviewing their records and files in an effort to provide the infonnation as requested. OPTIONS: 1. Inquire and confirm whether or not Lloyd's is willing to fund the 2" asphalt overlay of the proposed truck route as recommended in the roadway pavement analysis before proceeding with any further steps or analysis. 2. Continue to move forward with the suggested steps outlined in the April 4th, 2005 LUTC memo which include analysis of potential intersection improvements for the following locations: a. S 373rd St. and Pacific Hwy S. traffic signal warrant analysis b. 8th Ave. S., 373rd St., and S. 376th St. intersection sight distance e and turning radius analysis c. Milton Road and S 376th St intersection sight distance 3. Conduct neighborhood meeting to identify and address any potential public concerns with the proposal 4. Not approve the request for the proposed truck route request STAFF RECOMMENDATION: As this is a policy issue, staff is not making a recommendation, but rather seeks direction on how the committee would like to proceed. COMMITTEE RECOMMENDATION: Forward the Committee recommendation to the June 7, 2005 City Council Consent Agenda ,Å\',~R~V^i;,¡OF C()~~~t~~ RÉŸfIR~t;~.. ","§i~ ~,~'~!I}~i - -t.: .,i 1";;',:", ~\# -c, _.,'~.:'~;- "",}:?~;i",~,,.;.r:'~j:~~.:j'{}C:;it ;..~~;: ;:,~i~~/¡~¡ .",.""jj¡..Jack Dove~" Cb8Ir'll,h";"!",,,,t! ,; ""r','¿:/'" ':.,......' Mich8:ç~.rJGI~~e~r ..".ih~'t 'F, "'ilì'.I!;r"~ "'alS~~~Mçmh~tt ,.,.''" ,:,:.; ,¡"" ." .i .._..",~i'(Y;!'" w-_....:.~:~t'<'111 I'" "':!.1!i:.':t' .""i;,:,.3~~ .',~-.::::~:::!. J. ".~i!tl"" . "'I:I:;~l~'{~.,'"""i'!' ',,;"ii;I'" CITY OF FEDERAL WAY MEMORANDUM DA TE: TO: VIA: FROM: SUBJECT: April 4, 2005 Land Use and Transportation Committee t Manager Carr M. Roc, P. -" Public Works Director {J/JvV!.... Lloyd Emerprises, Inc. Request/or Amending the Designated Truck Route OrdiltaJce_~.~-- POLICY QUESTION: Should FWCC 15-183 Designated Vehicle Routes be amended to include additional Streets? BACKGROUND: Federal Way City Code Section 15-183, designates truck routes (vehicles rated in excess of 30,000 pounds gross weight) only on streets with Principal Arterial classification. This truck route designation was established in 1991. via Ordinance 91-103 and waS amended in 2000, Ordinance 00-365. A letter from Lloyed Enterprises, Inc. dated February 22, 2005 (see attached letter) was addressed to Council Member Jack Dovey and copied to all Council members. The letter requests that S 373rd /S 376th Street corridor between Milton Road and Pacific Highway South be designated as a truck route. . At the Februl}ry 28, 2005 Land Use and Transportation Committee meetin~, the Committee requested staff to present Lloyd Enterprises, Inc. Letter requesting the designation of S 373rd /S 37611 Street corridor between Milton Road and Pacific Highway as a truck route for committee direction. To assist the committee in evaluating Lloyds Enterprises, Inc. request, staff suggests the committee consider the following issues in making their decision. on amending the designated Truck Route ordinance: 1. Hylebos creek bridge capacity. The existing Hylebos creek bridge capacity is unknown and should be determined before this request is approved. The cost of the bridge capacity evaluation is estimated at $2,500. 2. Roadway pavement section evaluation. The roadway pavement section for every street within the corridor should be evaluated for the additional loading and the short and the long-term impacts to the roadways. The cost for this evaluation is estimated at $J,700. 3. Analysis of potential intersection improvements for the following locations: . S 37}rd Street and Pacific Highway South Traffic Signal Warralit Analysis 8th Avenue South and S 373rd street intersection sight distance Milton Road and S 3761h Street intersection sight distance . . Estimated cost for this analysis is $6,000. 4. Possible neighbors/public opposition to this proposal. Staff suggests that a neighborhood meeting be held to identify and address any potential public concems with this proposal. OPTIONS: I. Direct staff to request from Lloyd Enterprises, Inc. the necessary funds to conduct the above listed analysis So the City can comprehensively evaluate their request and identify any required improvements. 2. Direct staff to spend City funds to conduct the above listed analysis so the City can comprehensively evaluate their request and identify any required improvements. No City funds are currently budgeted to perfom1 the analysis. 3. Not approve Lloyd Enterprises, Inc request for designating S373rd/S376th Street couidor between Milton Road and Pacific Highway South as a tmck route. 4. Direct staff to evaluate any other option or alternative that the committee deems appropriate. STAFF RECOMMENDATiON: As this is a policy issue, staff is not making a recommendation, but rather seeks direction on how the committee would like to proceed. COMMITTEE RECOMMENDATION: Forward the Committee recommendation to the April 19, 2005 City Council Consent Agenda Fill Dirt, Gravel Crushed Rock. Top Soil Lloyd Enterprises, Inc. P.O. Box 3889, Federal Way, WA-98063-3889 FAX: 253-838-0103 PHONE: 253-874-6692/ 253-927-0416 ' LLOYD I . 238 OB DUÃ~~~f1,)I~; FEB 2 3 2005 FEOERALWAY PUBUCWORKf:J ADMINISTRATION DIVISION COpy February 22, 2005 Mr. Jack Dovey, Council Member City of Federal Way Chair, Land Use and Transportation Committee 33530 Is' Way South Federal Way, WA. 98063~9718 RE: 375Ih/376 Dear Council Member Dovey: I am writing to request that you review the possibility of re~opening 3751h/3761h street to ~ruck traffic. If, upon your review, you find that the action may be feasible, I would ask that you take thIs request to the Land Use and Transportation Committee for further review and approval. Lloyd Enterprises used this access to highway 99 for a number of years. In approximately 1992, for no apparent reason, weight restrictions were placed on the road and we were no longer able to access 99 to go south out of our pit. When our company requested reconsideration from the City administration, we were denied. We were advised at the time, from people behind the scenes, that the action was strictly political. We learned, over the years, that this was in fact the case. Lloyd Enterprises is at a complete disadvantage when it comes to bidding jobs south of Federal Way, due to the added truck times that we must figure into our bids. We have lost as many as 200 jobs, since the ban was put into place, due to the non~competitive position we are in. In the Fife industrial park as example, which is approximately 10 minutes from our facility, we have virtually been eliminated due to non competitive pricing. From the top of our pit to the same point on highway 99 it takes one of our trucks twenty (20) to thirty (30) minutes to commute through the Costco, Lowes, 3481h (Triangle Quadrant) and back down 99. During the summer when Six Flags is open these times are even more. . When the construction begins on the Opus project, one can only guess what additional delays will be encountered. One of our trucks equals four (4) to five (5) vehicles parked in the same spot. These trucks are added to the traffic snarl each and every day in the Triangle Quadrant. As far as adding more truck trips on Federal Way roads is concerned, it will be six of one and a half dozen of the other. Using our existing business we would add no trips, only fe-distribute them. However; we would be able to improve our efficiency and be able to possibly add two (2) to three (3) additional trips per day per truck, depending on the job site location. What would that do for the City of Federal Way? It would allow us to be able to pick up more jobs during the year adding to our revenue and increase the taxes paid to the City. What is the down side? Very few, but what there are can easily be addressed. There is a corner that a laurel hedge has grown to approximately IS feet that needs to be cut down to improve the sight distance. This should be done no matter what. All vehicles must pull out into the intersection in order to see if traffic is approaching. Local traffic going through this intersection, which include trucks (local deliveries) and school busses are at risk. The Hylebos creek passes through the valley and experiences some flooding due to the low height of a small bridge. The bridge is a very substantial bridge but due to the small opening under it flooding will occur during high rain levels. Within the next year or two the Hylebos is going to b~ rerouted and a new higher bridge is to be installed which will eliminate the February 22, 2005 RE: 375th/376 (co!1t.) flooding problem. One corner, the same one as the laurel hedge is at, has a sharp turn. One might think that trucks would have a hard time maneuvering around it. We, as stated earlier, used this route for years and had absolutely no problems with the corner. Trucks are much more maneuverable today than they were even five (5) years ago. This is not a problem. Local delivery trucks, including ours, do it daily. What is the integrity ófthe infrastructure, road base, on 375th and 376'h? Actually it is better than that of Milton Road (5'1. Ave). It is a very good road and I don't see that adding the trucks will affect this road in any way. How many trips per day would we using the road? Some days may be as few as none. If our business takes us north, west or east we would continues using the existing route. If we are going south, the possibility exists that thirty (30) to forty (40) trips would be using corridor. What effect would opening the route back up have on the quality of life for the neighbors. The entire route has limited residential frontage. Onl~ six or seven homes ingress/egress on to the corridor, yes it would effect them slightly. The 376/375" road is also used to access the Spring Valley Montessori school. The school sets back off and away ITom the route. The A.M and P.M traffic would have to be considered by our drivers. While not a problem it is a little bit heavier because this is a complete car pool school. No busing is utilized by the school. However, our trucks normally complete there runs around 3 P.M. and we could miss a lot of this P.M. traffic. A concern for Federal Way is the problem with the City of Milton. Why won't they let the trucks go south on 51h Ave. This has been addressed as a condition in our master plan approval and we have an agreement with the City of Milton and the City of Federal Way to improve 51h Ave when we hit a bench mark in the build out of the business park. This should take place within the next seven (7) to eight (8) years. When the improvements occur, trucks will be able to go south out of our facility. If we build out the commercial and industrial earlier, the improvements will OCcur sooner. Currently, 51h Ave can barely handle car traffic due to the degradation of the road, If you require further information or clarification please do not hesitate to call and [ will respond immediately. If, after the Land Use and Transportation Committee agrees with the request, by copy of this letter to all Council members and Cary Roe, Public Works Director I am formally requesting, that the full Council repeal the weight limit and open up the corridor for truck use. Thank you in advance for your time to consider this request. Sincer~;...,._..::~--::::::> . .//~...... /~:./ ¿;rzçF;¿::~¿~- Robert D. Couper, øf6cer C.C.: Mayor, Dean McColgan Deputy Mayor, Linda Kochmar Council Member, Michael Park Council Member, Jim Ferrell Council Member, Eric Faison Council Member, Jeanne Burbidge Public Works Director, Cary- Roe ~ @) KIng County , Road Services DIvision Department ofTranspDrtatJon 201 SouthJackson Street Seattle, WA 98104.3856 May 9, 2005 AI Eroter Street Systems Project Engineer City of Federal Way 33325 - 8th Avenue South P. O. Box 9718 Federal Way, WA 98063-9718 RE: Load Rating Report (LFD) for City of Federal Way - Hylebos Creek Bridge No. 3005 Dear Mr. Emter: Your service request regarding load rating for the above-referenced bridge has been completed. The load rating and inspection reports are enclosed for your use. The inventory and operating ratings for the HS-20 truck using the LFD method (National Bridge Inspection Rating) will be entered into the Washington State Inventory of Bridges and Structures (WSBIS) coding fonn and reported to the state as part of the bridge inspectionlupdate process. National Bridge Inspection Standards (NBIS) require vehiclÙar bridges to be load rated based on the known condition of the bridge. All bridges are :rated to the American Association of State Highway and Transpü.rtation Officials (AASHTO) and Washington State Department of Transportation (WSDOT) truck configuration standards. There are two levels that establiSh load capacities upper and lower limits: the Inventory Rating and the Operating Rating. The Inventory Rating is the load that a bridge can carry for an indefinite number of loading cycles without detriment to the bridge. The Operating Rating is the maximum pennissible live load that can be carried on an infrequent basis. The rating analyses are based on current rating methods established by WSDOT and confonned to cmrent AASHTO and WSDOT design standards. Additionally, load rating was perfonned for HS-20 truck per the 1994 Manual for Condition Evaluation of Bridges as required by Federal Highway Administration (FHWA) using the LFD method and can be found under the NBI Rating in the summary sheet. WSDOT uses six trucks to check the capacity levels, but only three are . required for posting; they are: Type 3, Type 382, and Type 3-3. Bridges are required to be posted for load limits when the load rating factor for the Operating Rating for these three trucks are less than 1.0. There is no need to post load linúts on this bridge based on our load rating results. :!t ..' AI Emter May 9, 2005 Page 2 In addition to the standard rating trucks, Lloyd Enterprises, Inc_'s transfer trucks with trailers (51 Tons GVW) and the tnlck and trailer set (45.75 Ton GVW) were rated They are all rated above 1.0 and do not need to be load restricted. . Thank you very much for the opportunity for us to provide this service to the City of Federal Way. If you have any questions, please contact Jessy Jose at 206-296-8786 or myself at 206-296-8786- Sincerely, « Stephen Jiang, P.E, S.E. Bridge Engineer . Bridge Inspection and Structural Design Unit SJ:JNJ:mp Enclosures cc: Richard A. Brater, Manager, Engineering Services Section Jim Markus, Managing Engineer, Bridge Inspection and Structural Design Unit Rey Sugui, Program Analyst, Roads Finance ", .' <8 King County BRIDGE RATING SUMMARY Bridge Name: Bridge Number: Span Types: Brldg Length: HyJebos Creek Bridge 3005A Concrete Tub units - 15'~9H Design Load: T: H5-15 100 - Rating by; Checked by: . Pate: Jessy Jose Stept¡en Jiang 51612005 Rating Method: LRFD -2- Truck HS~O - 1.00 HTO 1 (Type 3) 25 tons ...!.:1.2... HTD 2 (Type 352) 36 tons -.!l!L MSHTD 3 (Type 3-3) 40 tons ....!.:12.. 01,. ~ 1 ....L1L 01,.-2 0.98 LLOYD transfer wI trailers(SIr) ~ , LLOYD truck and trailer (45T) ...11!. ~ WSD RF Tons Year Built: 1950 1.65 1.65 1.65 1.65 1.30 1.30 1.65 1.65 NBrRating ruck RF Tons HS-20 (INV) 0.75 27.0 2.17 HS-20.(OPER) 1.25 45.0 1.30 - Remarks: I 36.0 29.8 ~ 58.0 ~ 101.4 64.3 ~ 1.10 1.10 , 1.10 - 1.10 1.10 1.10 1.10 1.10 - Controllin Point Shear Shear Shear Shear Shear Shear Shear Shear Controilin Point Shear Shear - rating sumrTjary template. ~ ::7:: Washington State "/I Department of Transportation Memorandum Date: May 4, 2005 TO: Al Emter Street Systems Project Engineer City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Chris J. Jof'nfÆ / Pete Palmerson MS29 FROM: SUBJECT: City of Federal Way South 373rd Street RO 2207; Group 06; CS 1700 CT Load RaUn!! and Pavement Recommendations I!!!!.es 7 I z.. 1.. 10 "" Introduction Per your request, our Office has perfonned a load rating of a section of a proposed truck haul route located in the city of Federal Way, Washington. Our analysis was limited to the section of route from the west end of the South 375th Street Overcrossing (WSDOT Bridge #5/501) to 8th Avenue South, 8th Avenue South from 375th Street South to 373rd Street South and 373rd Street from 8th Avenue South to SR 99. For the purpose of this project, postmiles are measured from 0.0 at the west end of the South 375th Street Overcrossing to 0.60 at the intersection of SR 99 and South 373rd Street. It is our understanding that King County will be evaluating the effect of the additional loading on the bridge over Hylebos Creek on South 373rd Street that currently has a 5-ton load restriction. The analysis is based on a IS-year pavement design life, a directional ADT of 40 trucks, the results of falling-weight deflectometer (FWD) testing and current pavement thickness based on core samples taken at 13 locations. In addition, we have documented the existing condition of the roadway with our pavement data distress identification van. This van records the pavement profile (ride, faulting and rutting) and takes a video record. Traffic and Existing Pavement There is currently no traffic data specifically for the haul route. We estimate the one-way ADT to be 600 based on the ADT for South 37Sth Street at Milton Road South and the turning movements at the intersection of SR 99 and South 373rd Street. The design however is based on the proposed truck traffic from the pit. The existing roadway(s) consist of 2 lane residential streets with little or no paved shoulder. According to the city of Federal Way website, South 373rd Street and South 37Sth Street were overlayed with asphalt concrete in 200 I and 8th A venue South was overlayed with in 1997. The existing pavement is in very good condition, with no visible signs of distress. The results of the pavement coring are shown in Table 1. DOT Form 7()()'008 EF Revised 5199 Core Postmile Section Thickness Lane (ft) 0.05 South 375th Street 0.30 Westbound 0.09 South 375m Street 0.35 Westbound 0.10 81D Avenue South 0.32 Westbound 0.11 8tn Avenue South 0.30 Westbound 0.16 8m Avenue South 0.26 Westbound 0.17 South 373m Street 0.53 Westbound 0.24 South 37300 Street 0.40 Westbound 0.28 South 373m Street 0.48 Westbound 0.33 South 37300 Street 0.40 Westbound 0.38 South 37300 Street 0.43 Westbound 0.48 South 373m Street 0.33 Westbound 0.53 South 37300 Street 0.29 Westbound 0.58 South 373(0 Street 0.30 Westbound Table 1 Recommendations Based on the results of our analysis of the effect of the increased truck traffic, we estimate the effective design life of the existing pavement to be 4 to 5 years. In order to achieve a 15 year design life, we recommend that the haul route be improved as follows: 1. Grind transverse butt joints to a depth of 0.15' tapering to 0.00' in the length of 30' at the west end of Bridge #5/501 and at both ends of the Hylebos Creek Bridge on South 373rd Street. King County should provide recommendations regarding bridge paving. 2. Grind a transverse butt joint to a depth of 0.15' tapering to 0.00' in the length of 30' at the paving limits. 3. If necessary, crack seal those cracks greater than JA" in accordance with Section 5-04.3(5)C of the 2004 Standard Specifications for Road, Bridge, and Municipal Construction. 4. Overlay the roadway, with 0.15' HMA Class '12", PG 64.22 or ACP Class A. HMA Test Requirements The 15-year calculated design ESALs of 0.5 million should be used for HMA test requirements per Section 9-03.8(2) of the 2004 Standard Specifications. If you have questions or require further infonnation, please contact Pete Palmerson at (206) 768-5906. CJJ :pjp Serial File: Job No: RO-2207 05-084 ""c~~ R?~ - 2-22~-8~,'~~f~:Pdf """",""'" , ,.. "" .."'.""'..-.."........'.' .., , ,. ..... '0""""'" ........ '" , ,..,', ......", , P~ge i) RECORDS CENŒ~ h,¡"l[Ç) "."7oft'; - King County Executive Randy Revelle Department of Public Works Donald J. LaBell.., Director February 22, 1985 TO: Paul C. Hooper. County Road Engineer Donald J. laBelle, Director of PUbl~C~kS louis J. Haff. Maintenance Engineer~~ South 373rd Street et a. - Breakup _4.~~-""""",.... - FM: RE: It was brought to my attention this week by neighborhood residents and Division 5 Acting Superviso~ Bob Napie~ that a major truck hauling operation was taking place on several of our King County roads. Those roads are as follows: South 375th Street (Milton Road to 8th Avenue South) South 373rd Place (South 375th Street to South 373rd Street) 8th Avenue South (South' 375th Street to 'South 353rd Street) South 373rd Street .(Highway 99 to South 372nd Way) This hauling consists of large volumes of dump trucks with pony trailers which are destroying the above roads. I have talked with Deputy Prosecuting -Attorney, Mike Duggan, and he was of the opinion that we could load limit the road to prevent further damage. I,have therefore talked with Dale Jonson in our Traffic and Planning Section and he has taken action to limit the above roads to five (5) tons. This action may require an ordinance from the Council. as soon as possible, to validate its authority. - The enclosed map indicates the area. lJH:syl Enc1o$u re Road. and Engineering DI..I.lon 956 King Count~. Administration Buildin!, ,,00 Fourlh ^vonue 5eanle. W..hlnglon 9KI04 IZoo) 3~~.,~90 . ... ............ ..... ... .. .... . ,.,.. ......... ... ........ ......",.. .~.é!ry. Ro,~ .~" ~.4:~5 ~I.ing~on.pdf ~-'-'-,....r-~_.,_._.._-~-_., Page , ß5 ~1A¡:1. Ë .. Lloyd Enterprises, Inc. ',I,':U- SOUTH 318d1 STREET AUBURN, WA 88002 , . '\ PHONE: 83.7886/827-0418 lJctI\IIod - Banded - Inlllrcd - Stoll WId, hrmit . LLOYDI . 238 QS AID: 07 Dump Trucks and Trailers Loaders and Dolers Fill Dirt, Gre",-...., , Crushed Rock, Top:So' ,-" :;:.,1. t), PL(!U~: '.'!~):':;(::; March 4, 1985 King County Road Engineering 900 King County Admin. Bldg. 500 4th Ave. Seattle, WA 98104 Attn: Paul Hooper Dear Paul, Dept. This Ie t ter is in regards to ,our c.oncern abou t the weight restric.tion on 373rd Street in South King County. We have a gravel source in Milton whic.h has several 100,000 yards of material to remove. ' The majority of our contrac.ts from the Milton site are to supply material in the Fife and Tacoma area. The only way we c.an get to Tac.oma or Fife is to use 373rd Street, unless we go c.lear back to Federal Way which is about fifteen minutes a trip. This adds another 50~ a ton to the pric.e which puts us out of the ball park for bidding contracts competitively. We have to remove at least 100,000 yards a year of material 'or pay a large pønalty. So as you ,can see it really puts a hardshipori us not being able to use the street. Please let me know what I can expect in the near future~ ' Sincerely, ~~ Arnold Ellingson AE:ld 1r'f.;~;;'~';'7':"~':~"îr~~"<,'::,,:::.:':~":':',i."""'m"""," "'""""", "'""""'M~. ~ ¡,j,!,::"" ~/ (1. ~.'.'.'.':....."" .' " '1'¡" . :' 'f:" : " '~,." c. c. F. ¡¿.,..J¿}f/ FBLÉ~ 3 ';3-$;; King County EIecutl"" Randy Revelle Department of Public Works Donald J, laBelle, DireClo" March 13, 1985 Mr. Arnold Ellingson Lloyd Enterprises, Inc. 5800 South 3l6th Street Auburn, WA 98002 RE: Weight Restrictions On South 373rd Street, et al ~",~""^'"","" Dear Mr. Ellington: Thank you for your March 4, 1985 letter regarding concerns with weight restrictions recently placed on several King County roads which are affecting your business operations. As you know, on February 22, 1985, King County placed load restrictions On portions of South 373rd Street, Eighth Avenue South, and South 373rd Place when it became obvious that the light bituminous surfaces of those roads were disintegrating as a result of the large volume of trucks hauling from your operation at that time. On March 11,1985, the King County Council formalized this action with passage of an ordinance. Whether or not it will be possible to open these roads will depend on solving two existing technical deficiencies. First, as mentioned above, the roads are not structurally suitable for heavy volumes of maximum weight loads. Secondly, the inter- sections are dimensionally too tight to allow safe turning move- ments of trucks. During the week of February 22, the trucks were taking both traffic lanes and the opposite shoulder to accomplish turning maneUVers. This is not acceptable from a perspective of traffic safety. King County has no plans to improve the above roads and has not budgeted funds for that purpose. In addition to the above technical problems, we now have the potential of an adverse neighborhood opinion which may decide to oppose lifting of the weight limits. R""da and Engineering m..lalon 956 King County Admlnl$\rallon Building 500 fourth A\'tmue Se.onle. Washington 98]()4 120ti13'¡'., ~9(1 ""'0"""",,",'\' ~-~~"=-"""~"'--" ,~ p Mr. Arnold Ellingson March 13, 1985 Page Two I recommend that you and Mr. Lloyd arrange to meet with me and the Roads Maintenance Engineer, at my office to discuss alterna- tives available to you in this case. An appointment may be scheduled by calling my secretary at 344-7490. Thank you for writing. Sincerely, d5 ü t!/). l-~tli/ ¡-~' /, PAUL C. HOOPER, P. E. County Road Engineer PCH/LJH:sy1 cc: Louis Haff, Maintenance Engineer ",.. ., .. ....,...."..,.. "" pa~è..] , 'cãry RÖ~"~ 6'~1'2'~í:¡5'Gafléy':'pdf .. '.. "". -",.. ....~, - , . ,...... .. ' ,,"'.. ,-..",'" , * ' l,.;.C/(iI cZ -...... ~...""V ~ ~- /f~f5 Tucci:&Sons Inc Heavy Construction 4224 Willler Roaa ~. "Tacoma, Washington 98443 2Q6-9:n.6676 June 12, 1985 Department of Public Works 155 Monroe Avenue N.E. Renton, Washington 98056 Attention: Mr. John O. Grover Field Engineer Maintenance Section, Road Division Re: King County Subro Claim No. 117 Gentlemen: Reference our letter dated May 3, 1985 and the onsite meeting yesterday with representatives ,from King County. Item Nos. 1-5 of our letter dated May 3, 1985 were discussed and the damaged roadway surfaces were inspected. Tucci & Sons has agreed to the following repairs Ae~ndiTlg upon KiTlg County releaving Tucci &. Sons from any further responsibility ref~J:l"ed to in King County's letter of April 3, 1985. ~ (Y ø South 373rd Place - Remove temporary patch and furnish and apply tack coat and asphalt concrete overlay on sagged Section as marked. S.W. radius of intersection ilt South 373rd Place and South 373rd Street - Éxcavate and grade damilged radius, furnish and place asphalt concrete base course and place asphalt concrete,base course and finish course. (King County forces to extend culvert section or furnish and place catch basin.) ~ South 373rd Street between South 372nd Way and 8th Avenue South - Remove and replace damaged road surface on north edge of rolld. 7~1 (J -"1S" 1~/:;"- ~ ",- ~w/~ ~ úý U),1fj"?"> &,d~ 1, Ý ßUtQ;~ WtJl)( ~ lot- 7-/6 -u ~ jtubo/.- U/ZT7< þl"; 5" ~k.U" ,.. . , I, 7~/5'$> 7~1t - S~ t{!t7l f' .s1M1d (ß1/1/r &m~ &L jarx'~~e ~ï3~ 1 ~~~,? ,~ailey, pdt - ".." ,......-,.... "",,' ",.." ,.,.., Page , .., '.." "-'--' .,'.,' .. '" .. --- '," "",' -, """,~".. ., June 12, 1985 Department of Public Works Page 2 of 2 G South 373rd Street and 8th Avenue South (S.W. Radius) Remove and replace damaged road surface (King County forces to extend culvprt section or furnish and place catch basin.) ø (y Hylebos Creek Bridge east approach - Place asphalt concrete patch. (King Countr forces to excavate and bac.kfill. ) North edge of roadway on South 37Jrd Street between Hylebos Creek and Pacific Highway South - Replace damaged road surface (King County to remove existing damaged area and prepare for asphalt concrete.) R. L. Napier to coordinate scheduli,:,g,.,Qf. work by King county forces with Pat Gailey for asphalt patching. Tucci & Sons will complete all work by July 12, 1985.- If yoo have any questions, please contact me at our Tacoma office. Very truly yours, TUCCI & SONS, INC. ~'¿' . C. ~i~fi}7y ~ Ò. Vice-President Acknowledged and accepted by: KING COUNTY DEPARTMENT OF PUBLIC WORKS ~ .- By Title Date CPG:dj .- ,.. ..." , --." " , "" "., , k"E~f1.B~::,~:-J.~;§~.Eai ley Æs!L~- -""',, .,'" "",..- '_"_'~".w..,""",:..,o~..._,."""..~.."..~ '.-""'= .,..."..""""-"",;"_,...",,..2,,~.ß~,,,.,,¡; ""..=."....-.... @) King County Executive Randy Revelle Department of Public Works Donald J. LaBelle, Dirøclor FILED C¡~t z ~~ 3 September 10, 1985 Mr. .C. Patrick Gailey VicePresident Tucci & Sons Incorporated 4224 Waller Road Tacoma, WA 98443 RE: King County Subro Claim No. 117 Dear Mr. Gailey: The repairs listed below to South 373rd Plate and South 373rd Street were completed as of July 16, 198~. Jne work has been inspectea by Roads Division Supervisor, c. R. Haulman, and found to be satisfactory. 1 ~. South 373rd Place - Remove temporary patch and furnish and apply tack coat and asphalt concrete overlay on sagged section as marked. Southwest radius of intersection at South 373rd Place and South 373rd Street - Excavate and grade damaged radius, furnish.and place asphalt concrete base course and place asphalt concrete base course and finish course. (King County forces to extend culvert section or furnish and place catch basin.) 2. 3. South 373rd Street between South 372nd Way and Eighth Avenue South- Remove and replace damaged road surface on north edge of road. South 373rd Street and Eighth Avenue South (Southwest Radius)- Remove and replace damaged road surface (King County forces to extend culvert section or furnish and place catch' basin.) 4. 5. Hylebos Creek Bridge east approach - Place asphalt concrete patch. (King County forces to excavate and backfill.) North edge of roadway on South 373rd Street between Hylebos Creek and Pacific Highway South - Replace damaged road surface (King County to remove existing damaged area and prepare for asphalt concrete.) 6. The completion of this work has no bearing on future responsibility for Tucci & Sons. Roads snd Engineering DIvision 956 King County Administration Building 500 fuurth Menu" s...ttl.. washingtOn 98104 12061344.7490 Roe - 6-12:85°Gäire~.""ar:__o.o"._~ T ,.0' "",m'~m m=""""""""'->""'-' , p Mr. C. Patrick Gailey September 10, 1985 Page Two . If you have Questions regarding this matter, please feel free to call me at 344-7490. Thank you for your cooperation and prompt completion of the road repairs. Sincerely, lØ,~~;. ~ County Road Engineer LJH:CRH:syl CC: James Cleary, Acting Maintenance Engineer ATTN: Bob Gaunt, Acting Superintendent C. R. Haulman, Supervisor John Grover, Field Engineer !::,~ary'Röe',~..~~-,1~-85 shaffer, pdt , p , ,~~~~ t1 D.]a. SHAfFER COMPANY PROPERTY DEVELOPMENT --:? (~',: Ö, éJ1 ~::;;. " .., -'." ",' , ", " ,.. .. , October 10, 1985 -- . '-:": ;, " t--:.> ~.:' ,..', -.. ,--, 1',;) c=o -< Mr. Paul Hooper County Road Engineer Department of Public Works 956 King County Administration Building Seattle, Washington 98104 Dear Mr. Hooper: Subject: Closure of South 373rd Street Over the last few months we have resolved some issues concerning the scope of ourexëavation activities and can now focus on other issues such as this road closure. Your continuing cooperation is greatly appreciated. ~~~~ Project ~~:r7Iv- for The Corridor Group DS:cm NORTHGATE EXECUTIVE CENTER. SUITE 403 155 NE 100TH. SEATTLE. WA 98125 (206) 524-5535 "" ".. . ,,-,"". , . " . ¡"Cary Roe - 10-10-85 shaffer:pdf.. , '., '"...,'. ." "..,-".. "". . Page . .. ".. .....,. "..,...,..'.d ,," ..." , ~,-,,-,,',":' ~ c. C.F. 12-3S3l{ King County E¡rec:utlve Randy Revelle Department of Public Works Donald J. LaBelle, Director f~LED 1t1-~(/-a~ October 22, 1985 Mr. Don Shaffer, Project Manager The Corridor Group Northgate Executive Center, Suite 403 155 Northeast 100th Street Seattle, WA 98125 RE: Closure of South 373rdStreet Dear Mr. Shaffer: Thank you for your October 10,1985 letter concerning the closure of South 373rd Street. Since our May meeting,Paul Hooper has retired and I have been appointed as County Road Engineer. This does not, of course, impact your concerns or King County's position on this matter. In response to the points raised in your letter, I offer the following: . Haul Road Agreement: At the time this subject was discussed it seemed to be a potential method of measuring impacts and establishing mitigations. The agreement format, which has only recently been finalized, is not applicable to ongoing projects such as yours. Instead it is intended for use on short term projects where hauling impacts are more easily measured and projected. In lieu of a haul road agreement, I believe it would be in the best interest of your firm and King County to agree on the nature and extent of improvements necessary to safely allow hauling on South 373rd Street, and to identify in such an agreement what shall be done by your firm to accomplish said improvements. This can possibly be accomplished simply by a letter form of agreement. . Tucci and SOllS, Inc.: The invoice from King County to Tucci and Sons, Inc., for estimated repair costs on South 373rd Street has been satisfied. Tucci and Sons, Inc., completed all repairs at their expense. Road. and Enginee~ing Dlvl.ion 956 Kìn~ County Admini",..tion Bulldlnll 5011 Fool'lh A,"""" :;"o"h Washlnlllon "91"4 12()BI344.74~( ,-..' "," ",'" ,i Gary Roe ~ 10-10-85 shaffer.pdf . ...' '" " .. .,'.. .,.., ,"'-' .. ". ".'..".. ".", , .,,'... """ '" , Mr. Don Shaffer October 22,1985 Page Two . Design Sketch/Intersection of Sduth373rd StreSt and 8th Avenue South: Mark Madden of our Roads Division staff has prepared a rough sketch of this intersection. However, the sketch itself is not sufficient to use as a design drawing. I will have our Engineering Services Section survey, design and draft a plan for the improvement of the intersection. Said plan will identify the necessary extent of construction and right of way needs. This plan will be completed by December 31,1985. King County appreciates your cooperation in this matter, and we look forward to working with you to resolve the current circumstances. Thank you for writing. Sincerely, t!~(tl1 E. County Road Engineer LJH:pe cc: Rex H Knight, Manager, Engineering Services Section Mark Madden, Traffic Operations Engineer '~------C'---- """"" ....,,~~Q~... J £§'I,~-B°e ... ,~jO-'ã6 ,w'OO.~worth, p~! " L.. <~~~,4: -- <.'!»13 .$f. ,(17'/ / , -,.. -ACtIOH <./:{ {.; Ú }£. RlspallSlfor8&$lg. /ìvf' .__Resplnd For Em~~:{ð /{ I :I>',;'¡" I;f F.YJ. ...., '" ,... ..,...... ...., ......, , , .. -., .. ,. ,., """ , , Councilman Paul Barden King County Council Room 402. King county Courthouse 516 Third Avenut Seattle. Washington 98104 "....'".....,"......,.. ~~~e 11""/;"'91.'" lit,,!. ¿;þO'thmEIl1 COUIlc.i! !Jnc.. tác> r!.cJ /J"i/4-'1J'ì;f! J?If~. if tI4Ø /" Vi.-"'" 7cØpt:"/(., Con....a"on educ,"on \-EON WOODWORTH, Cna',man 12061927,3750 2323",,'" 373'. Feo...' Way, WA 95003 May 30. 1 986 RECEIVED JUN 02 1986 I~ING COUNTY ~U8l1C WORKS O1RfCTnR Dear Councilman Barden. Enclosed. please find petitions signed by 82 Spring Valley Residents and parents of the students at the Montessori School on 8th Avenue South. that drive South 373rd Street every day. some. several times a day. All would be adversely impacted by allowing trucks on this street. We feel that the statements on the petition are enough. and very good reasons for making the load limit on these street~ a permanent load limit of 5 tons. It should especially be noted that we have seen a dramatic decrease in the number of trucks using this route to by-pass the State Weigh Station on 1-5 since the temporary restr~ction was imposed. Please consider this matter very carefully and thank you for your consideration. Yours t:rnly. J(~ W#&()1J~ Leon Woodworth Spring Valley Resident CC to: Washington State Patrol King County Road Haintainence Department J..M hA.ç d-'/:eÁ .¡ Tim Hill. King County Executive - ¡..)ð'f£: Mr. Wlð û)ðf"'tn 'fhAf-' 1v!,.. fI;l/ ~J -Ie It; s I~ M$;O. l' ,,- '... -' , ( I ' 'i..'!' ¡', Ii ; - , " / I \..\. ; , " <,;, ," "", /. ¡.-:' ,:' "t', 1 ""..!-{ . ,) , :;>" j, ',"¡ c, /¡",. " C~rY R~,~ - 5-30:~6 ~?odwo~.t,t1,pdf . ..w......-----,-.....-......-...-..............,...",",," " .".' , . , ,"......., ,'" Page! ------ ~ c,c,F.. ~f'&, - J King County Exe('uti~ TIM HILL 400 King County Courthouse 516 Third Avenue Seatlle, Washington 98104 (206) 344-1040 JUN 3 01986 FiLED June 23,1986 Mr. Leon Woodworth King CoW1ty Outdoor Sports Council 232 South 373rd Street Federal Way, WA 98003 South 373rd Street RE: Dear Mr. Woodworth : ..<, Thank you for sending me a copy of your May 30, 1986 letter and petition to Councilman Barden su¡;:porting the establishment of a permanent truck load li1nit on South 373rd Street. I have advised Mr. Barden that I would be responding to you direct1 y on this issue. Roads Division staff continue to address traffic safety concerns on SOuth 373rd Street. Those that are of interest involve, (1) the lack of a good turning radius at the intersection of Eighth Avenue South and SOuth 373rd Street, and (2) the lack of a walkway along Eighth Avenue South. The addition of these two items will make the route safer than it is at present. In the past, the Departrœnt of Public Works has tied its support of the truck restriction to the lack of these items. Removal of the existing load li1nit ordinance requires a new ordinance with a public hearing. At the public hearing, all sides of each issue are heard by the full County Council. The County Council then makes a ruling based on the hearing testilnony and its previous knowledge of the issue. The Department of Public Works will send you prior notification of a new hearing on this issue if one occurs. You may also express written or verbal concerns at the hearing if you have additional safety concerns. q,~~~Bpe - 5-~,~:ê§",\~VH5?~yygrth<. pdt '""~",.".,,,@~<,,_.,-«« ,,"., ",. "'."Oili,",m;,"I<~--"..""_m'.",.,"'W'W'_".~"""""""'."""""""""".""""""""",:"-"""",,",~I;';"";"""."""":",,,,,.""""",":¡",_""""""""""",,,,'::~,,~~, . Mr. Leon Woodworth June 23,1986 Page Two ( I , ¡ I i I., ~: ; . please contact Louis J. Haff, County Road Engineer, at 344-7490 if you have any' questions. Thank you for writing. Sincerely, ¿)~ Tim Hill King Count~_<,ExeC\1tive TH:n>1:cp Paul Barden, King County Counci1nember Donald J. LaBelle, Director, Department of Public works ATI'N: Louis J. Haff, P.E., County Road Engineer - John J. Logan, Traffic and Planning Engineer cc: ~~'arY,'R~,e'. S ~!:~,I~~d 're~t~i'~t:pdf .. ., , "'." '",' ,.. ..-- . , "--'--"----"""""--""""',p,"",',.,'à-",'",'",,',"', é~,),.. ...." ",...._..,-_."",9..,~"." '" " " """" "" ......, .. , , MARCH 6. 1985 PAUL BARDEN INTRDDUCEDBY: POSED NO.: 85-110 2 , OROINA/ilCE NO. . 144 ~'jL::'.j <L:.~~:.~t- AN OR,DIffANCE re11ting to trltfl' control, proMbiitling _lOlds In excess of 10,000 pounds except 10'1' lOca-1 de11Mrles In King County on South '373Jo!dStreet, South 375th Street, 8th AýèflueSØllth and South 373rd Pllce (IIII!ndfii!['k.C.C. 46.44.080) and declaring In8llerQeftcy. BE IT ORDAINED BY THE COIMCIl OF KING COtJHTY: .. S , 7 SECTION 1. K.C.C. 46.44.080, prohibiting operation of trucks and other vehLles on county roods Is hereby lllllended by adding the fo11owlng: SOUTH 373RD STREET (Pacific Highway SOuth to South 31~d Way) . , 10 10,000 pounds SOUTH 373R0- STREET (-8th Avenue South to South 31211d "'1) 8TH AYENUE$í)jj'11¡f' (SOuth 373rd Street to South 31Sth ,Strttt) SOUTH 375'TH SYREtT (8th Avenue Sout'" to Mil tbft-RNd) 10,000 pounds J1 1:Z 10,000 pounds 10,000 pounds " 14 IS ~ (except loc", de-11verles in king County, school buses ðIId I!II8rgency Yehic,les). 11 SECTION 2. Signs to evidence the above described restriction shan be 'nsta11ed by the proper authority Ind shill rud. "load limit 5 Tons". 5ECTlOfil 3. The county cDUnen finds as a fact and declares thlt at l' 20 an 888rgellCY exists and that this ordinance is netessery for the illlllediate preservation of pub1fc pHce, health or safety or for the support of 21 22 county go~M88ftt and its e-xisting 'public 1!1st1tutlons. JNTRODIJC£) AND READ for the ffrat tiMe this 4f1..... dlY ~ 34 JS ~ of , 1985. dayof ~ II~ PASSED this , 1985. . 71 KING COUNTY COUNCIL ~~ a n :18 D ATTEST: )0 )1 Jr~ ~Ún~-- -, . APPROVEO this ,2 2~ day of , 1985. )2 ,) . --:;-, :\,\"r.o>l<c';;-jl\ì. II \j~. n"""-"\\ \"",p:,rE.C,;'-J.~.._--' CO) ~ 1r [E § § (Q) æ ~ Spring Valley Montessori School ~,:~~~eíneJlIótlls 36605 Pacific Highway South. Federal Way, WA 98003 May 11, 2005 Cary Roe City of Federal Way P.O- Box 9718 Federal Way, WA 98063 RE: Lloyd Enterprises. 373rd Street Request Dear Mr. Roe: GlIlsevin Kayíhan becutil'e DÜeet", Marra Justus Foldi Dllew" or Development RECEIVED MAY ';1 2005 F€QaW. WAY PUBLIC WORK!: "~TIONDJVSION { As a Federal Way resident since 1957 I have enjoyed, observed, and helped the city to come into its own. It is always more beneficial to have the important decisions made for us close to home; by fellow residents. They all gave their time and energy to organize meetings which we all attended to help make Federal Way a city, our city. Ours to help it grow, be comfortable in it and make it appealing to newcomers. This of course implies that the city grows, becomes financially sturdier.. .etc.. .and keeps businesses growing instead of diminishing. As Pacific Highway South needed widening; the state, county, city did acquire property for widening to insure safety. What we are looking at now is the use of 373rd. We are again facing the same thing that was faced in the 1980's and 1990's. At that time the authorities wisely decided that what is being proposed again was unsafe then. It is still unsafe, no adjustments or improvements have been made to the road. Three hundred seventy third street is not wide nor strong enough to accommodate single trucks (let alone the huge double ones) and allow a car to go by in the opposite direction. What has happened is that people end up in the ditch; which is on both sides of the road. Thinking only of safety, there is no earthly reason for anyone to believe that this merits a change. There was a negative impact when the vehicle license tax was glibly voted down by the majority of Washington voters. This diminished monies for the state roads, county roads, road improvement in general, and schools. Great harm was done. On 8th Avenue when we built the Multipurpose Building in 2001 we were required for safety purposes to widen the road at our expense. We built (253) 927-2557 . (253) 874~6003 . Fax (253) 838-5193 . www.spríngvalicy-org . E-mail: jllstlls@springvallcy-org A Non-Pmfìt Organization PromotiT!R HiRhest Academic Standard_I Since 1951 City of Federal Way/Cary Roe - Can't. Page 2 the building with much added cost and great sacrifice because of all the difficulties of construction. The school construction followed all the requirements of the city. We now have the building used by the many members of the city, community, and of course our school. I am personally responsible for the bank loan because "not-for-profit" enterprises are not in a position to receive loans without an individual assuming the responsibility of the loan. If the local residents' cars end up in a ditch on the side of the road they have a major problem. If the huge trucks will hamper the parents driving their children to our school, they might remove the children from the school due to the inconvenience and safety issue. Our investment and hard work would be diminished and we would not be able to serve the community and lose the possibility of repaying the bank. This is not politics, not personal misunderstandings but hard facts. The school was not instrumental in preventing the truck traffic originally. The weight bearing capacity of the bridge. and the narrowness of the road create the greatest danger. No one can guarantee safety under the newly suggested changes. Thank you for your time concerning this matter. f\~~~~ MadeleineJ. Justus cc: Jack Dovey Land Use & Transportation Committee Chair Members of the committee