The URL can be used to link to this page

Home My WebLink AboutLUTC PKT 07-18-2005 City of Federal Way City Council Land Use/Transportation Committee July ISth, 2005 5 :30 p.m. City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: June 20, 2005 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Brighton Park Preliminary Plat B. Lakehaven Utility District Interlocal Agreement for S336th Street at 1 st Way South Intersection Improvements C. 21 Avenue South Grid Road Extension -30% Design Status Report D. Grant Funding Application for Transportation Improvement Projects E. S320th Street at 1st Way South Intersection Improvements - 30% Design Status Report F. S356th Street at SR 99 Intersection Improvements - Design Options G. Revision to Planning Commission Work Program (information to be provided at meeting) H. OPUS Developer Agreements 1. Status of Traffic Calming Efforts on 21 sl Ave. SW 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Action Michaelson / 30min Action Salloum /lOmin Action Salloum / lOmin Action Salloum / lOmin Action Salloum / 10min Action Salloum / lOmin Action McClung / 5min Action Roe / lOmin Information Perez / 10min Committee Members Jack Dovey, Chair Eric Faison Michael Park G,ILUTCILUT(" Agendas and Summaries 2005\07-18-05 LUTe Agenda doc City Staff Kathy McClung. Community Development Services Director Marianne Stiles, Administrative AssiSlalll 253-fl35-2701 City of Federal Way City Council Land Use/Transportation Committee June 20, 2005 5 :30 pm City Hall Council Chambers MEETING MINUTES In attendance: Chairman Jack Dovey, Council Member Michael Park, Council Member Eric Faison, Deputy Mayor Linda Kochmar; Council Member Jeanne Burbidge; City Manager David Moseley; Assistant City Manager Derek Matheson; Assistant City Attorney Karen Kirkpatrick; Public Works Director Cary Roe; City Traffic Engineer Rick Perez; and Administrative Assistant Marianne Stiles, Citizen Dave Kaplan also attended. 1. CALL TO ORDER Chairman Dovey called the meeting to order at 5:34 pm. 2. APPROVAL OF MEETING MINUTES The minutes of June 6th were approved. 3. PUBLIC COMMENT None 4. BUSINESS ITEMS A. Belmor Park Safety Improvements Rick Perez presented the background information on the project. Councilman Faison asked if bicycle lanes could be added. Mr. Perez said they could not be added now. Mr. Perez discussed reducing lane size to create bike lanes; Federal Way's road standard width is 11 feet. Councilwoman Burbidge asked why there are pedestrian flashers on 21 st Ave SW near Saghalie Junior High? Mr. Perez said that in the past, there was a fatality accident on 21 st and when that flasher was put in it was decided to put in a flasher on S. 336th street, near Saghalie, also. They were converted to push-button flashers from 24-hour flashers. Chair Dovey asked if the City starts with option 1, could they build [expand] on it later? Mr. Perez said that, yes, they can add to it later. Councilwoman Kochmar asked if the residents of Belmor Park knew that the city is working on this safety issue? Mr. Perez responded 'Yes, we have been working with them' and added that he called them this morning. Ms. Kochmar urged a wait in action to discuss the impacts with Belmor Park residents and that, in any case, they be notified before action is taken. Chair Dovey stated he wanted to move forward with the issue, the full Council can discuss it and invite the residents of Belmor Park to attend that meeting. Other topics mentioned were vegetated pedestrian islands (difficult to irrigate) and a way to 'beautify' them. Responding to a question from Chair Dovey, Mr. Perez stated that the nearest crosswalks in either direction are 1) A crosswalk at 1 ih that has a street light and pedestrian refuge and 2) A crosswalk at 23'd that has a full traffic signal. G:\LlJfC\LlJfC Agendas and Summaries 2005\06-20-05 LlJfC Minutes.doc Land Use/Transportation Committee Page 2 6/20/2005 Chair Dovey noted that the crosswalk near the entrance to Belmor Park is between two larger crosswalks and to 'over mark' all crosswalks will negate the purpose ofthe street work done to reduce automobile congestion. Councilman Faison moved to approve Option 1 *, creation of a Pedestrian RefUge Island. Park seconded. PASSED unanimously, * Councilman Faison added the request that Mr. Perez notifY the residents of BeZmor Park about the planned changes for 32ih B. 2006-2011 Transportation Improvement Project Chair Dovey turned over the meeting to Councilman Park and recused himself from this agenda item, as he is a tenant in properties impacted by a project on the TIP. He left the LUTe meeting at this point. Rick Perez provided background information. Staff recommends Option 1, reducing the scope of some projects and consolidating others. Councilman Faison asked if the City is establishing a policy to look into using roundabouts first - is this a Council issue or a Public Works policy issue? Mr. Perez responded that the City does consider roundabouts, and looks at cost effectiveness. Right of Way (ROW) for a roundabout is expensive and another additional cost is landscaping. However, the cost for a signal is higher ($3500 per year) and there are more accidents at a signal. Mr. Perez advised that a policy is not needed and staff recommendations are adequate. In response to Councilman Faison's questions on signalized roundabouts, Mr. Perez responded that non-signalized ones are better at moving traffic, 1 or 2 entry points at most should be signalized, to control one or two access points that take all available space in the circle. Councilman Faison also brought up issues of aesthetics and ease of pedestrian crossing. He mentioned wanting to discuss removing projects #6, 11, & 21 from the TIP. He later suggested these projects take a lower priority and be reviewed in the future. Mr. Perez stated that the City is due to update their comprehensive plan; any change to the plan will require a thorough re-working of the TIP. Councilman Faison wants bundled items separated out so critical items can be identified. Which ones are failing now? Which will fail in three years? Which will fail in six years? Mr. Perez says he can have maps available at the next meeting. Councilman Park sug~ested that this can be discussed at the City Council meeting July 19th. He also asked about projects on 312 & 356th. Mr. Perez stated that the City is compelled by budget to complete projects using a 'worst first' approach, using funding, as it is available. Councilman Faison asked why there were no identified projects in the newly annexed areas. Mr, Perez stated that, because these areas were not within the city, city staff did not have access to data on them. There is a project underway funded by the State. Councilman Faison asked about funding for sidewalks. Mr. Perez responded that there is some available in the school improvements funding, but that it is difficult to suggest pricing for sidewalks as it is so dependant on the drainage needs. Cary Roe added that there is some funding for sidewalks, mostly for repair and meeting federal standards, in the Pavement Overlay project. Moved by Faison. Seconded by Park. Recommendation to fwd Option 1, PASSED unanimously [without Dovey]. 6. FUTURE MEETINGS The next scheduled meeting will be July 18,2005. 7. ADJOURN The meeting adjourned at 6:37 p.rn. G:\LUTC\LUTC Agendas and Summaries 2005\06-20-05 LUTe Minutes.doc ~ CITY OF ~~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM TO: Jack Dovey, Chair Land Use/Transportation Committee Lori Michaelson, AIcp,~lanner DaVid~ager Preliminary Plat of Brighton Park Application No. 03A I 03178-00-SU FROM: VIA: RE: DATE: July II, 2005 I. STAFF RECOMMENDATION Staffrecorrunends the Land Use/Transportation Committee (LUTe) forward to the City Council a recommendation approving the Brighton Park preliminary plat, with conditions, based on the findings and conclusions in the July 1,2005, Report and Recommendation (Exhibit A) by the Federal Way Hearing Examiner. II. SUMMARY OF ApPLICATION The applicant requests approval of a 28-10t residential cluster subdivision, as provided for under Federal Way City Code (FWCe) Chapter 20, "Subdivisions," subject to City Council approval. III. 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 LUTC for review and recorrunendation prior to review by the full Council. IV. HEARING EXAMINER'S RECOMMENDATION On July 1,2005, the Federal Way Hearing Examiner issued a Report and Recommendation (Exhibit A) to approve the proposed preliminary plat, subject to all conditions as recommended by staff. The Examiner's recommendation was issued following consideration of a staff report (Exhibit B) and testimony presented at the June 21, 2005, public hearing, and is subject to the following conditions: I) As required by the Directors of Community Development and Public Works, prior to commencing construction, final engineering plans shall be prepared in accordance with the 1998 King County Surface Water Design Manual (KCSWDM), for thc City's review and approval, and shall address the following: a) For purposes of maintaining wetland hydrology and the quality of surface water entering the wetland buffer, Lots #12 through #22 shall be designed to direct surface flow into the wetland buffer; with roof runoff directed to the wetland buffer via dispersion trenches, and driveway runoff from Lots 21 & 22 shall be treated or infiltrated prior-to discharge into the wetland buffer. b) Construction activities within the 100-foot stream setback are prohibited from October 1 st to April I S\ except as may otherwise be approved by the Public Works Director. c) A drainage analysis addressing the requested second culvert beneath 9lh Avenue SW, for the City's review and determination by the Director of Community Development Services, pursuant to FWCC S 22-1312(a). 2) As required by the Director of Community Development Services, pursuant to FWCC S 22- 1243, the City's wetland consultant will review the applicant's storm drainage plans, at the applicant's expense, and the City may require that any related recommendations be addressed in final plans, prior to commencing construction. 3) Any retaining walls associated with plat infrastructure or future home construction shall promote residential design themes, for compatibility with surrounding residential areas, by utilizing design measures such as terracing, orientation, natural material selection, use of vegetation, and textural treatment. V. PROCEDURAL SUMMARY August 1, 2003 Application submitted for 28-lot Brighton Park preliminary plat August 29,2003 Application determined complete September 18, 2003 Notice of application issued January 29, 2005 Environmental determination issued Brighton Park Preliminary Plat Land Use/Transportation Committee Memorandum File #03~I03178-00-SU / Doc. LD. 32319 Page 2 June 21, 2005 Hearing Examiner Public Hearing (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) July I, 2005 Hearing Examiner issued recommendation of conditional approval of preliminary plat to the City Council July 18, 2005 City Council Land Use/Transportation 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: I. Consistency with the Federal Way Comprehensive Plan; 2. Consistency with all applicable provisions of the FWCC, including those adopted by reference from 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 ofthe 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 examiners record), and the Examiner's written report. The City Council may receive new infom1ation not in the record pursuant to FWCC Section 20-127(b). A draft resolution recommending approval of the proposed application as recommended by the Hearing Examiner is attached (Exhibit C). After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one ofthe following actions, pursuant to FWCC Section 20-127: Brighton Park Preliminary Plat Land UselTransportation Committee Memorandum Fil" #03-103178-00-5U I Doc. J.D. 32319 Page 3 1. Adopt the recommendation; or 2. Reject the recommendation; or 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). XIII. PROPOSED MOTION I move that the Land Use/Transportation Committee forward to the City Council, and place on the August 2,2005, City Council consent agenda, a recommendation approving the Brighton Park Preliminary Plat Resolution. ...r '..M.... h:ba.. el..P...r.r;lr.k"... ,.: ,-"..>.;,:<" :,.<,/., EXHIBITS A Hearing Examiner Report and Recommendation, July I, 2005 B Staff Report to Hearing Examiner, June 10,2005* C City Council Draft Resolution for Brighton Park Preliminary Plat Approval * Note: Not all copies of staff reports include all exhibits as Iistcd. Two full packets, including all exhibits to the Hearing Examiner, arc located in the City Council officc. Brighton Park Preliminary Plat Land Use/Transportation Committee Memorandum File #03-103178-00-SU I Doc. LD. 32319 Page 4 Page - I CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www.cityoffederalway.com ,~ Federal Way July 1, 2005 m~~~~~[EfnI m1l:l 1 zoos l~ L._____._.. CUy Ci~;r~5 Office City of Fedml Way De-En Lang Lang and Associates Inc. 10658 Riviera Place NE Seattle, WA 98125 RE: PRELIMINARY PLAT OF BRIGHTON PARK, FWHE#05-09 FW# 03-10317S.000-00-SU Dear Applicant: Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner relating to the above-entitled case. SKC/ca cc: All parties of record City of Federal Way (J .' ~ JJ-; ; CITY OF FEDERAL WAY I.';~:.::~., :"",',j :i'" OF' 'i~ :1'-"\ :i" II ii'" [n ~(I IE' In'l li.111 !c.'-' 'c.D ''''' IJ \YJ L'''.. ,\ I ) ,-----------'-.., I ' ~ ,....... I I i I Ii r";ji JUL 1 2005 ii!JlI [U Iii ild), ~') I ' i I L_.___._.___..__.___.___---.J Ci'i:',; (~:,~:'-:'~S r)1tice __._.02:"-'~'_ ..J Page - 2 OFFICE OF lHE HEARING EXAMINER IN THE MATTER OF: ) ) PRELIMINARY PLAT OF BRIGHTON PARK ) ) ) ) FWHE# 05-09 FW# 03-1 03178-000-00-SU I. SUMMARY OF APPLlCA liON The applicant is requesting preliminary plat approval to allow subdivision of a vacant 15.93 acre site into twenty-eight (28) residential single family lots in a cluster subdivision, with public streets, sewer and water services. II. PROCEDURAL INFORMA liON Hearing Date: Decision Date: June 21,2005 July 1, 2005 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. De-En Lang, Lang Associates, 10658 Riviera Place NE, Seattle, WA 98125 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1 . Staff Report with all attachments 2. Power Point Presentation (Hard Copy) 3. Letter from John and Luann Davis dated June 17, 2005 4. Letter from David L Hartman dated June 21, 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. Page - 3 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 rectangular, unimproved, 15.93 acre parcel of property abutting the west side of the unopened 9th Avenue SW between SW 364th Place and SW 368th Street within the City of Federal Way. The applicant requests preliminary plat approval to allow subdivision of the site into 28 single family residential lots using the cluster subdivision method. 5. The site plan shows all lots clustered in the eastern half of the site. The western half consists of wetlands and buffers which the applicant will dedicate to the City as a separate Tract (A). Tract A supports a one Category III wetland and one Category II wetland, both of which are associated with a stream flowing through the site from north to south. Tract A measures 8.59 acres which is more than 50% of the site. 6. The preliminary plat map shows access provided to all lots via an internal plat road extending west from 9th Avenue SW and then curving to the north where it terminates in a cul-de-sac. All lots will access onto the internal plat road with the exception of four lots in the northwest corner of the developed portion of the site which will access via a private road extending northwest from the cul-de-sac. An improved, 32,471 foot, open space tract is located in the northeast corner adjacent to 9th Avenue SW. Improvements on said tract include a trail connecting the internal plat road with 9th Avenue SW, grass play area, playground equipment, and benches. A 33,512 square foot stormwater detention tract is located at the southeast corner of the site adjacent to 9th Avenue SW. 7. The King County Soil Survey Map identifies soils on the site as Alderwood gravelly sandy loam which have only a slight erosion hazard and are capable of supporting urban development. The site has rolling topography with slopes of less than 10% and no geologically hazardous areas. Surface elevations range from 382 to 406 feet. Vegetation in the upland areas proposed for development includes both evergreen and deciduous trees and an understory of shrubs. The wetland area consists of both deciduous and evergreen trees and an understory. The City has approved the applicant's site clearing plan which shows no clearing in critical areas. Page - 4 8. The site contains 90 significant trees, defined by the Federal Way City Code (FWCC) as 12 inches in diameter or 37 inches in circumference measured 4.5 feet above ground. The applicant will remove 11 such trees and preserve the remaining 79 which includes all such trees within the Tract A open space area. Conditions of approval require the storm drainage design and construction plans to ensure wetland and stream protection to include wetland hydrology, flow control, and water quality. According to the applicant's wildlife study report, the site does not support any endangered, threatened, or sensitive species, plant or animal. The most critical habitat, the wetland and stream, will remain in undisturbed open space. 9. The site is located within the Single Family High Density designation of the City of Federal Way Comprehensive Plan and the Residential Single Family (RS9.6) zone classification of the FWCC. Parcels abutting the north and west property lines are also within the RS9.6 classification and parcels to the east and south within the RS15 classification. Abutting uses include the subdivision of Silverwood along the north property line. Silverwood was previously approved and recorded as a clustered subdivision with a minimum lot size of 5,000 square feet and average lot size of 5,500 square feet. 9th Avenue S. abuts the east property line and medium density residential parcels lie to the east of said road. 10. FWCC 20-153 does not allow the total number of lots in a cluster subdivision to exceed the number that the applicable zone classification would permit in a conventional subdivision. Based upon the lot sizes allowed in the RS-9.6 zone, the applicant could create 47 conventional lots on the parcel. Therefore, the proposed 28 lots is well within the density provisions of the code. 11. The applicant proposes lot sizes between 5,056 and 10,186 square feet with an average lot size of 6,368 square feet. Such sizes meet the criteria of FWCC 20- 154 which requires that lots created in a cluster subdivision equal one-half the size of the underlying zone classification, but in no case smaller than 5,000 square feet. As previously found, all of the applicant's lots exceed 5,000 square feet and half the size of the minimum 9,600 square foot lot size authorized in the RS-9.6 zone. FWCC 20.154(a)(3) requires clustered lots adjacent to an established single family neighborhood to equal the neighboring lot size or the underlying zoning minimum lot size minus 10%, whichever is smaller. The plat proposes a minimum size of 6,199 square feet for lots abutting the Silverwood cluster plat along the north property line has an average lot size of 5,500 square feet. Lots do not abut any other property lines. Page - 5 12. The cluster plat meets the criteria set forth in FWCC 20-154(7)(c) and FWCC 20- 1640 by providing a single family cluster plat compatible with surrounding areas and which provides extensive on-site open space. The City will review future building permits to ensure architectural design, especially garage facades and front entries. The applicant has submitted two prototype house elevations and site plans which meet the intent of the FWCC. FWCC 20-1640 intends each dwelling unit for owner occupancy and the plat complies with said section by focusing solely on development of single family residential structures as opposed to duplexes, townhomes, or zero lot line development. The covenants will also help promote and enhance home ownership. 13. The preliminary plat map shows that the two open space tracts combined will measure 9.34 acres or 59% of the gross land area of the parcel. The Tract E open space located in the northeast corner measures 32,471 square feet and will contain various recreational improvements as set forth above. The Parks Director has elected to calculate the required usable open space on the net developable area as opposed to the gross land area. The proposed open space exceeds the minimum of 10% of usable open space by approximately 500 square feet. In making its determination the Director properly considered the easy access from both the public street and the subdivision and the significant active and passive recreational facilities within one mile of the site to include the BPA regional trail, Hylebos State Park, Armstrong Park, and the 363rd Street open space park. 14. Both the Public Works Director and Fire Department have reviewed and accepted the proposed street layout and improvement plans. Said plans include the construction of 9th Avenue SW to public standards from its current northern terminus at the north property line to SW 368th Street. Such will require construction of a new road from the north property line to the south property line. Between the south property line and SW 368th Street 9th Avenue SW currently exists as a private road. In accordance with previous conditions of development along said road, at such time as the City desires to make said road public, lot owners must pay for upgrading the road. However, the applicant has agreed to upgrade said private road to public standards at its own expense. 15. The applicant will construct internal streets within the plat to a section "U" full street standard within a 56 foot wide right-of-way. Improvements include 32 feet of paved roadway, vertical curb and gutter, four foot planter strip with street trees, five foot sidewalk, and three foot utility strip with street lights. The private Page - 6 access to four lots in the northwest corner will consist of a 38 foot wide, private tract. Improvements will include 24 feet of paved roadway, vertical curb and gutter, five foot sidewalk, and two foot utility strip. 16. The northerly portion of 9th Avenue SW which extends along the plat's eastern property line from north to south will be improved to three quarter street improvements within a 60 foot wide right-of-way. The applicant will dedicate all necessary property to increase the right-of-way width to 60 feet. Improvements therein will include 36 feet of paved roadway, vertical curb and gutter, four foot wide planting strip with street trees, five foot wide sidewalk, and three foot utility strip with street lights on the west side. On the east side a four foot gravel shoulder will abut the pavement. 17. The southerly or off-site portion of 9th Avenue SW which extends from the south boundary of the plat to SW 368th Street will consist of a 24 foot wide paved roadway with four foot wide gravel shoulders on each side, water quality improvements, and related culvert improvements. 18. A mitigating measure in the MONS required the applicant to host a neighborhood traffic safety meeting with area residents. Such meeting occurred on March 16, 2005, and based upon residents' request and the City's concurrence, the applicant will install three speed humps and associated warning signs on 9th Avenue SW. A northern hump will be installed north of the internal plat road intersection and a south hump south of the internal plat road intersection. A third hump will be installed near the mid-point of the private road section. While residents expressed significant concerns regarding increased traffic not only on 9th Avenue SW, but on surrounding roads to include SW 368th, the applicant's traffic engineer and the City's traffic engineer determined that the additional traffic will require no further analysis. The applicant's traffic engineer did conduct an assessment and set forth the conclusions in a letter to the City dated April 11, 2005. The conclusions confirmed that increased trips on 368th St. would be limited to vehicles going to and from IlIahee Middle School. As additional traffic mitigation the applicant will dedicate 30 foot wide strips of property along the west, southwest, and south property lines for future road improvements. 19. Required street improvements to the private portion of 9th Avenue SW will require additional paving and related improvements to include gravel shoulders, water quality measures, and modification of an existing 12 inch diameter, concrete culvert conveying the stream under the road. The right-of-way improvements will necessitate intrusions into the stream buffer which the Director of Community Page - 7 Development has approved. The Director has properly reviewed and approved the request as no alternative location exists since the street has long been constructed at its present location, and the intrusions must occur in order to accommodate necessary improvements. A portion of the improvements will ensure surface water quality and will treat street runoff prior to discharge to roadside ditches. To accommodate street improvements the applicant will remove approximately 25 feet of the west end of the existing culvert and add approximately 30 feet to the east end. 20. The applicant has also requested permission to add a new 12 inch concrete culvert alongside and parallel to the modified culvert to address a concern about water ponding due to clogging of the culvert by vegetation. The City has not as yet approved the second culvert and will make a final appealable decision at the time of final engineering plans. 21. The applicant will comply with the City School Impact Fee Ordinance and make a per lot payment to offset the impacts on the Federal Way School District of school aged children residing in the plat. The district estimates 18 to 19 school aged children will reside in the plat. Children will attend school at Enterprise Elementary, IlIahee Middle School, and Todd Beamer High School. Buses will transport elementary and high school students, but middle school students will walk to school. The school access analysis indicates safe walking conditions to the school by two different routes. 22. The Lakehaven Utility District will provide both domestic water and fire flow to the site and will also serve each lot with sanitary sewers. 23. The stormwater drainage system must meet the requirements of the 1998 King County Surfacewater Design Manual and the City's amendments thereto. The project must provide level 1 flow control and basic water standards. The conceptual drainage plan accepted by the Public Works Department proposes to preserve the existing north/south drainage pattern across the site. Approximately two-thirds of the site presently drains directly to the on-site wetlands by sheet flow, and the eastern portion of the site drains to the south and combines with the outflow from the wetlands. The conceptual plan proposes to direct surface water runoff from lots 12 through 22 and from the joint driveway serving lots 21 and 22 directly to the wetland to help maintain hydrology. Runoff from the remaining area will be collected and directed through a buried piping system to a wet pond/detention facility in Tract B. The pond will discharge at the present natural location into the wetland buffer near the south property line. Storm Page - 8 drainage runoff from 9th Avenue SW will receive water quality treatment prior to discharge. The landscape plan shows screening for the detention pond from 9th Avenue SW and protection by dark, vinyl coated, chain link. 24. 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: A. As previously found, the project is consistent with the Federal Way Comprehensive Plan which designates the site and surrounding area as Single Family High Density. 8. The project is consistent with applicable provisions of the FWCC to include those adopted by reference from the comprehensive plan. Development of the preliminary plat must comply with the provisions of FWCC Chapter 18, Environmental Policy; Chapter 20, Subdivision; Chapter 22, Zoning; and all other applicable codes and regulations. Conditions of approval as recommended hereinafter will ensure compliance with all provisions of the FWCC. C. The project complies with the public health, safety, and welfare. The proposed preliminary plat authorizes development of the site in accordance with the comprehensive plan and zoning code, and all public facilities and services are available to serve the site. D. The preliminary plat is consistent with the design criteria set forth in Section 20-2 FWCC as previously found. E. The proposed preliminary plat is consistent with the development standards listed in Sections 20-151 through 157, and 20-158 through 187 as previously found. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat is consistent with the Single Family High Density Page - 9 designation of the Federal Way Comprehensive Plan and meets all bulk regulations of the RS9.6 zone classification of the Federal Way City Code. 3. 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, sanitary waste, water supplies, fire protection, transit stops, schools and school grounds, parks and recreation, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision while at the same time preserving and protecting a significant wetland and stream. Therefore, the preliminary plat of Brighton Park should be approved subject to the following conditions: RECOMMENDA TION: It is hereby recommended to the Federal Way City Council that the proposed preliminary plat of Brighton Park be approved subject to the conditions contained in the conclusions above. DATEDTHIS10D:Ea-- Hearing Examiner TRANSMITTED THIS 1st DAY OF July, 2005, to the following: AGENT: De-En Lang Lang Associates 10658 Riviera Place NE Seattle, WA 98125 ENGINEER: Larry Heires, P.E. Sitts and Hill Engineers, Inc. 2901 South 40th Street Tacoma, WA 98409 Page-iO OWNER: Richard M. Hanson 16550 Shore Drive NE Lake Forest Park, WA 98155 OTHERS: Thomas Guinasso 2053 Faben Drive Mercer Island, WA 98040 City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 Page - 11 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 after the 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) The change will not have the effect of increasing the residential density of the plat; (b) The change will not result in the relocation of any access point to an exterior street from the plat; (c) The change will not result in any loss of open space or buffering provided in the plat; and (d) 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. CASE NO.: PRELIMINARY PLAT OF BRIGHTON PARK, FWHE#05~09 FW# 03~103178-000-00-SU ADDENDUM TO DECISION The following is a list of conditions, which were inadvertently left out from the decision dated July 1, 2005. It is recommended to the Federal Way City Council that the preliminary plat of Brighton Park be granted sUbject to the following conditions: 1) As required by the Directors of Community Development and Public Works, prior to commencing construction, final engineering plans shall be prepared in accordance with the 1998 KCSWDM, for the City's review and approval. and shall address the following: a) For purposes of maintaining wetland hydrology and the quality of surface water entering the wetland buffer, Lots #12 through #22 shall be designed to direct surface flow into the wetland buffer; with roof runoff directed to the wetland buffer via dispersion trenches, and driveway runoff from Lots 21 & 22 shall be treated Or infiltrated prior to discharge into the wetland buffer. b) Construction activities within the 100 foot stream setback are prohibited from October 1 st to April 1 st, except as may otherwise be approved by the Public Works Director. c) A drainage analysis addressing the requested second culvert beneath 9th Avenue SW, for the City's review and determination by the Director of Community Development Services, pursuant to FWCC S 22-1312(a). 2) As required by the Director of Community Development Services, pursuant to FWCC 9 22~1243. the City's wetland consultant will review the applicant's storm drainage plans, at the applicant's expense, and the City may require that any related recommendations be addressed in final plans, prior to commencing construction. 3) Any retaining walls associated with plat infrastructure or future home construction shall promote residential design themes, for compatibility with surrounding residential areas, by utilizing design measures such as terracing, orientation, natu ate. sa ion, use of vegetation, and textural treatme Ordered by CL~ ~"I"<(ht~lj1'Y1 6'001200 '<1' H:C;O# 6092L6'eC;6' Lt:T : , 8 T '1nr ~ CITY OF filii' .. . .~ Federal Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF BRIGHTON PARK FEDERAL WAY FILE No. 03-103178-000-00-SU PUBLIC HEARING - JUNE 21, 2005 2:00 P.M. FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33325 8 111 AVENUE SOUTH FEDERAL WAY, WASHINGTON TABLE OF CONTENTS I. General Infonnation...........................................................................................................................l II. Consulted Departments, Agencies, and Public ..................................................................................2 ill. State Environmental Policy Act. ......... .................. ..... .............. ......... .............................. ............. ....,.3 N . Natural Environment.......................................................................................................................... 3 V. Neighborhood Characteristics............................................................................................................ 5 VI. General Design...........................................................................,....................................................... 5 VII. . Transportation ........... ..... ................. ............ .... ........... ...... ......... ..... ............ ....... ........... .... ............ ...... 7 Vill. .Public Services .......... ........ ............ ........ ................... ................. .......... ........ ...... ....... ..... ........ ...........1 0 IX. Utilities................................................................................................................................. ............ .11 X. Analysis of Decisional Criteria... ......... .................... .... ........... ....... ............... ....... .............. ..............12 XI. Findings of Fact and Conclusion......... ........... .................... ...... ....... ....... ....... ..... ......... ..... ...............13 XII. Recommendations.... ..... ....... ....... ......... ........... ......... ...... ... ........... ................. ............. ............ ... .......16 XIII. List of Exhibits ......... ....... ............ ...... ..... ...................... ............. .................. ................. .......... ....... ...17 Report Prepared by: Senior Planner Lori Michaelson, AICP June 10, 2005 EXHIBIT ]3 File No: 03-103 I 78-000-00-SU Agent: De-En Lang Lang Associates, me. 10658 Riviera Place NE Seattle, WA 98125 Phone: 206-306-8800 Engineer: Larry Heires, P.E. Sitts and Hill Engineers, me. 290 I South 40th Street Tacoma, VVA 98409 Phone: 253474~9449 Owner: Richard M. Hanson 16550 Shore Drive NE Lake Forest Park, W A 98155 Action Requested: Preliminary plat approval of a 28-10t residential cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FVVCC ~ 20-110. Staff Representative: Senior Planner Lori Michaelson, AICP, 253-835-2645 Staff Recommendation: Preliminary Plat Approval with Conditions I. GENERAL INFORMATION A. Description o/the Proposal ~ The applicant proposes to subdivide a vacant 15.93-acre site into twenty-'eight (28) residential single-family lots in a cluster subdivision, with public streets, sewer, and water services. Off site improvements to 9th Avenue SW will include street extension, street improvements, and related storm drainage and culvert improvements. Approximately 59 percent of the site will be retained in separate tracts, one containing critical areas, and the other containing usable open space. Pursuant to FWCC ~ 20-154, the minimum lot size for lots in a cluster subdivision may be reduced by up to one half the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet. Each lot has a minimum size of 5,000 square feet, and the average lot size is 6,368 square feet. Attached as exhibits to this report are the preliminary plat map (Exhibit A); preliminary plat details (Exhibit B); conceptual drainage and grading plan (Exhibit C); drainage plan details and typical roadway sections (Exhibit D); 9th Avenue SW improvements plan (Exhibit E); landscape plan (Exhibit F); tree retention plan (Exhibit G); and other relevant reports aild information. Refer to . Section xm, below, for a complete list of exhibits. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page I File #03- J 03 J 78..()()()..()().SUI Doc ID 30905 B. Location - The site is located in the southern portion of the City, west of 8th/9th Avenues SW, at SW 366th Place (if extended), in a portion of Section 21N, Range 4E, W.M. (see Exhibit H, Vicinity Map). C. Assessor's Parcel Numbers. - APN No. 302104-9033. Refer to legal description on the preliminary plat map. D. Size of Property ~ The subject site has a land area of 693,911 square feet (15.93 acres). E. Site Access - The plat will be accessed from 9th Avenue SW, to be extended. F. Land Use and Zoning ~ (See Exhibit I, Zoning Map) DIRECTION Site North South East West ZONING RS-9.61 RS-9.62 RS-15.03 RS-15.0 RSw9.6 COMPREHENSIVE PLAN SF - High Density SF - High Density SF - MedIum Density SF ~ Medium Density SF - High Density EXISTING LAND USE Vacant Single-Family Residential (SFR) SFR SFR SFR and Pierce County G. Dates of Application and Determination of Completeness - The preliminary plat application was submitted on August 1,2003, and determined complete on August 29,2003. ll. CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CORe), consisting of the Federal Way Community Development Services Plarming and Building Divisions; Public Wodes Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public Safety (police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners and occupants within 300 feet of the site were mailed public notices of the complete preliminary plat application in accordance with City code. In addition, as noted in Section Vll.BA, below, property owners along 9th A venue SW whose property contains a "Tract X" for road purposes, have been notified of the City's intent to convert the private tracts to public right-of-way. Prior to final plat approval, this process must be completed and the required 9th Avenue SW street improvements constructed. The City received two comment letters in response to the notice of preliminary plat application. Letters were received from Dirk and Darlene VanMe~rten, September 25,2003, and from Allen Manning, October 1,2003. The City responded to these parties in writing, advising that their comments would be included and considered in the record, and noting the future opportunities to I RS-9.6 = single-family residential, 9,600 square feet minimum lot size. 2 The subdivision of"Silverwood" lies north of the site, wherein the minimum lot size was reduced from 9,600 square feet to 5,000 square feet, based on the cluster subdivision as approved. As built, the average lot size in Silverwood is 5,500 square feet 3 RS-15.Qoesingle-family residential, 15,000 square feet minimum lot size. StafIReport to the Hearing Examiner Preliminary Plat of Brighton Park Page 2 File #03-103178-ooo-o0-SU/ Doc ID 30905 comment and/or appeal the project. The comment letters and the City's responses are attached (Exhibit J). The comments raised in these letters have been addressed in the City's SEPA determination and in the preliminary plat application as described and recommended in this report. As noted below, the environmental determination was finaled with no appeals filed. C. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18~ "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, wete notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. The City received no written comments or appeals of the environmental determination. D. Also, as described in Section VII.C., below, neighbors along 9th Avenue SW were notified, and a neighborhood traffic safety (NTS) meeting was held on March 16,2005, to identify appropriate traffic calming measures to be installed along 9th Avenue SW with plat construction. III. STATE ENVIRONMENTAL POLICY ACT The City issued a Mitigated Environmental Determination of Nonsignificance (MONS) for the proposal on January 29,2005 (Exhibit K). 'This determination was based on review of infonnation in the project file, including the environmental checklist and staff evaluation of the environmental checklist, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the project complies with the MDNS mitigation measures. The MDNS established two mitigation measures for the project, related to transportation, and described under Section VII, below. IV. NATURAL ENVIRONMENT A. Soils - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgB), Type B. The Alderwood series is made up of relatively well-drained soils that are relatively shallow in depth and experience a perched water table in the winter. AgB soils are described as capable for urban development, runoffis slow, and erosion hazard slight. B. Topography and Drainage - The site has a moderately rolling topography with ground slopes ofless than 10 percent. The site contains no steep slopes or other geologically hazardous areas. Ground surface elevations on the property range from approximately 382 feet to 406 feet. The predominate drainage pattern across the site is north to south. Refer to Section IX.C, below, for a description of stonn drainage facilities as proposed by the applicant and required by the City, C. Vegetation - On site vegetation is described in the applicant's Environmentally Sensitive Areas Study (Exhibit L) as including the two categories of non-wetland and wetland. Vegetation in the non- wetland, or upland areas, includes western hemlock, Douglas fir, western red cedar, and red alder, with an under story of salmonberry and red elderberry, sword fern, bracken fern, and dewberry. Wetland vegetation consists of black cottonwood, red alders, western red cedar, salmonberry, hardhac, and willows. Approval of the preliminary plat is subject to approved conceptual clearing and landscape plans, pursuant to FWCC ~ 20-158. The subdivision code requires that existing mature vegetation be retained to the maximum extent possible, with site clearing limited to plat infrastructure improvements, such as streets, drainage, utilities, usable open space, and related improvements. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 3 File #03-1 03 1 78-OOO-OO-5UI Doc ID 30905 Approximately 6.59 acres of the totaI15.93.acre site is proposed to be developed with the subdivision, and approximately 9.34 acres is proposed to be set aside in permanent open space. Open space tracts include Tract "A" (to be dedicated and dedicated to the City of Federal Way, and Tract "E" (to be dedicated to the HomeoWners). Clearing limits as proposed by the applicant and shown on the preliminary plat map (Exhibit A) and preliminary grading plan (Exhibit C) are consistent with code limits, and no clearing is proposed within any critical areas. Based on the applicant's tree retention plan (Exhibit G), the site contains 90 significant trees,4 11 of which are to be removed and 79 preserved, with infrastructure improvements. All existing trees within the Tract "A" open space will be retained. The proposed playground improvements within the Tract "E" open space will minimize clearing of existing trees. Significant trees located outside of approved infrastructure areas will be addressed during individual review of single-family building pennits, subject to the significant tree retention and replacement standards ofFWCC ~ 22-1568, whereby the removal of more than 75 percent of the existing significant trees requires replacement of a minimum of 25 percent of the number of existing significant trees. D. Wetlands, Streams - The site contains two wetlands and a stream that are defined and regulated by the FWCC. As depicted on the preliminary plat map (Exhibit A), a "Category II" wetland ("Wetland A") occupies the entire western half of the site. A very small portion of a "Category III" wetland ("Wetland B") is located at the northwest corner of the site. A major stream flows from Wetland B southward through Wetland A. As it traverses the Brighton Park site, the stream is fully contained within the wetland boundary as delineated. The stream continues to flow in a southeasterly direction off site, through an open channel, then through existing culverts under a neighboring driveway, and under 9th Avenue SW, generally south of the site. The applicant's Environmentally Sensitive Areas Study was reviewed and accepted by the City as appropriately classifying and delineating the subject wetlands and stream, and as documented in a teclmical memorandum by the City's wetland consultant, Sheldon and Associates, Inc. (Exhibit M). In. addition, the applicant's Wildlife Study Report (Exhibit N) documents that the stream does not contain the presence of species or documented habitat recognized by state or federal agencies as endangered or threatened fish or animal species. Therefore, the wetlands do not meet the FWCC criteria for "Category I'" wetlands classification based on the presence of ESA habitat. No permanent or temporary intrusions into the on site wetlands or their buffers are proposed, and no significant adverse impacts to streams or wetlands requiring environmental mitigation were identified during the City's SEP A review of the project. All on site wetlands and their buffers are proposed to be set aside and dedicated to the City as permanent open space. Additional protective measures are proposed by the applicant, and approved by the City, including a four-foot high split rail cedar fencing to be installed along the wetland buffer, as shown on the landscape plan (Exhibit F), and wetland signage (Exhibit 0) to discourage human and pet intrusions, placed at approximate 150-foot intervals as specified on the exhibit. All fencing, signage, and related improvements are subject to the City's review and approval during engineering review. 4 "Significant trees" are defined by FWCC as 12 inches in diameter, or 37 inches in circumference, measured four and one-half feet above ground; in good health; and not detrimental to the ronununity (e.g., is not diseased, dying, or likely offalling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar, or big leaf maple. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 4 File #03-1 0317S-OOO-OO-SUI Doc ID 30905 As noted above, no project-related adverse environmental impacts requiring mitigation were identified during the City's SEPA review of the project. However, based on the Sheldon technical . memorandum (Exhibit M), and as noted in Section XII, staff recommends that the final storm drainage design and construction plans address specific measures in order to further ensure wetland and stream protection, as they relate to maintaining wetland hydrology, flow control, and water quality. In addition, as addressed in Section VII.E, below, certain temporary intrusions into the stream setback for purposes of public street improvements, and related storm drainage improvements, were reviewed and administratively approved under applicable code requirements. B. Wildlife and Habitat- The applicant's Wildlife Study Report (Exhibit N) was reviewed and accepted by City staff with no significant adverse impacts identified or required for the project. The report documents that the site does not meet the FWCC definition of "Fish and Wildlife Habitat Conservation Area," and does not support any endangered, threatened, or sensitive species primarily associated with the two dominant plant communities or the on site wetlands. As noted in the wildlife report, the Washington State Department ofFish and Wildlife (WDFW) did not report any priority wildlife species on or near the site. In addition, no comments from WDFW were submitted in response to the City's environmental threshold detennination, The primary mitigation for habitat impacts is through preservation of all on site wetlands, buffers, vegetation, and habitat, in Tract "A." v. NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated in the southern portion of the City in a single-family residential area, and the southwest property boundary abuts Pierce County (Exhibit H). The site is presently vacant. As noted under Section J.F., above, and the zoning map (Exhibit I), the property is surrounded by high density zoning (RS 9.6) to the north and west, and medium density zoning (RS 15.0) to the east and south. Existing development around the site includes the subdivision of "Silverwood" to the north. Silverwood is an approved and recorded cluster subdivision. having a minimum lot size of 5,000 square feet, and an average lot size of about 5,500 square feet. South of the site is medium density residential and a continuation of an on-site wetland and stream. Ninth Avenue .South and medium density residential lie east of the site. Undeveloped properties with high density residential zoning lie to the west of the site. VI. GENERAL DESIGN A. Density- Pursuant to FWCCC ~ 20-153, the total number ofIots created in a cluster subdivision cannot exceed the number that would be permitted in a conventional subdivision on a site of the same total area, after reserving required open space. The total number of lots permitted is calculated by subtracting the required open space of 15 percent, and subtracting 20 percent for streets from the gross land area, then dividing by the minimum lot size of the underlying zoning district. Based on the calculation below, the maximum number ofIots that could be created on the subject parcel is 47 lots. The proposed 28 lots is consistent with the density provisions of the code. Gross Land Area 693,911 sq. ft. (15.93 acres) Minus 15% open space 104,087 sq.ft. Minus 20% for streets 138.782 sq.ft. 451,042 sq.ft divided by 9,600 = 47 lots maximum Staff Report to the Hearing Examiner Page 5 PreliminarY Plat of Brighton PlII:"k File #03-1 03178..()()lH)o-SUI Doc ID 30905 B. Lot Size - The proposed Brighton Park lots range in size from 5,056 to 10,186 square feet, with an average lot size of 6,368 square feet. Pursuant to FWCC ~ 20-154, lots created in a cluster subdivision may be up to one-half the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet. Pursuant to FWCC ~ 20-154(a)(3), lots in the proposed cluster - subdivision that are immediately adjacent to an established single-family neighborhood shall be no smaller than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. The proposed plat complies with this standard by providing an average minimum lot size of6,199 square feet for lots 8, 9~ 10, 11, and 12, located immediately adjacent to the Silverwood cluster plat, which has an approved minimum lot size of 5,000 square feet, and an "as- built" average lot size of 5,500 square feet. The proposed lots along the west and south property lines ofthe Brighton Park plat are buffered from neighboring residential areas by wetlandS and buffer. C. Cluster Plat Approval Criteria - The Brighton Park cluster plat is subject to the approval criteria contained in FWCC ~ 20-1 54(7)(c) and FWCC ~ 22-1640. The plat meets the approval criteria by providing a single-family cluster plat compatible with surrounding areas and providing extensive on- site-open space. Review of future single-family home permits in the Brighton Park plat are subject to minimum architectural design standards regarding garage facades and front entry design. Two prototype sample house elevations and site plans, that meet the intent ofFWCC ~ 22-1640, are provided for information with the preliminary plat application (Exhibit P). In addition, the preliminary plat as proposed, meets the intent FWCC ~ 22-1640 standards, which intends each dwelling unit for owner occupancy. The proposed Brighton Park c1usterplat meets the intent of this section by focusing solely on the development of single-family residential structures as opposed to other types of development allowed .under the cluster subdivision, such as duplexes, town homes, or zero lot line development. The applicant has also stated that the homeowner's association covenants (required by code for fmal plat approval) will help promote and enhance home ownership. D. Lot Layout - Most of the proposed lots are rectangular shaped with frontage on public right-of-way. Four lots (lots 11, 12, 13, and 14), will be accessed via a private roadway tract (Tract "C"). Two lots (lots 21 and 22) will jointly share a driveway. All building setback lines (BSBL's) are depicted on the preliminary plat map, and each lot contains an adequate building area. E. 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. In accordance with FWCC ~ 20-155(b), a cluster subdivision must provide all required open space (15 percent) on-site, and it must all be usable, except up to five percent can be buffer. However, as described below, the Parks Director has altered the open space category percentages for the Brighton Park Preliminary Plat. As shown on the preliminary plat map and landscape plan (Exhibits A and F, respectively), the plat provides two separate open space tracts, comprising a total of 406,476 square feet (9.34 acres), or 59 percent, of the total gross land area of the site. The Tract "A"-open space contains 374,005 square feet (or 8.59 acres) and is proposed to be dedicated to the City of Federal Way. As noted above, Tract "A" fully contains and preserves the on site wetlands, stream, and associated buffers. The Tract "E" open space has a total area of32,471 square feet (or .75 acres) and is proposed to be dedicated to future homeowners as usable recreational open space. Tract "E" will contain a ''tot lot" Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 6 File #03-103178~U/Doc ID 30905 with play structure, picnic area, lawn/play area, and will be accessible to residents via a proposed walking path extending from the interior of the plat through the open space and to the adjacent public sidewalk at 9th Avenue SW. Pursuant to the criteria at FWCC ~ 20-1 55(c)(I) through (5), the Parks Director reviewed and approved the applicant's open space proposal. Between the two open space tracts, the total proposed on site open space is 9.34 acres, or 59 percent of the site, This significantly exceeds the code- required minimum of 15 percent of the gross land area, or 2.39 acres. In addition, several existing active and passive recreational facilities are available within approximately one mile of the site. These include the BP A Regional Trail, the Hylebos State Park, the Annstrong Park, and the 363rd Street Open Space .Park. The proposed dedication of 8.59 acres as City-owned park land results in a net developable area on the site of7.34 acres, or 319,730 square feet. Based on net developable area, and as accepted by the Parks Director, the proposed usable open space of 32,471 square feet exceeds the code-required minimum of 10 percent (or 31,973 square feet). In addition, the tract's usability will be enhanced by the structured playground equipment and play area and its configuration as a single piece of land, with easy accessibility from within the plat andto an adjacent public street via a trail. F. Subdivision Access and Roadway System - Access to the subdivision will be provided by a new public roadway terminating in a cul-de-sac, via an extension from 9th Avenue SW. Ninth Avenue SW will be improved and connected to adjacent streets. Section vn of this report contains a detailed description of the proposed roadway system and right-of-way improvements. G. Pedestrian System - Sidewalks will be provided along all street frontages as part of the required right-of-way improvements, and as described in detail in Section vn. H. Landscape Buffers - In accordance with FWCC Chapter 20, "Subdivisions," landscape buffers are specified only when the plat is adjacent to an incompatible zoning district. The proposed plat is bordered on all sides by single-family residential zoning. Therefore, no perimeter buffers are required. Street trees (when mature), open space vegetation, and screening of the storm drainage . tract (as proposed and reqUired) will contribute to visual buffering. Street trees are a required right- of-way improvement, as described below in Section vn, below. Landscape screening of the detention pond is also provided and shown on the landscape plan (Exhibit F). VII. TRANSPORTATION A. SEP A-Based Transportation Mitigation - Ai> noted above, the MDNS established two transportation-related mitigation measures. These are summarized as follows: I) prior to final plat approval, the applicant must either construct the identified impacted Transportation Improvement Plan (TIP) projects, or may voluntarily pay an alternative pro-rata share contribution of $89,905 toward the impacted projects; and 2) prior to the preliminary plat hearing, the applicant shall arrange a neighborhood traffic meeting to identify appropriate traffic calming devices for 9th Avenue SW, and such devices shall be shown on preliminary plat documents. As described in paragraph c., below, the required neighborhood traffic safety (NTS) meeting has taken place and the appropriate traffic calming measures have been reflected on the preliminary plans, subject to final engineering plans review. The remaining MDNS requirement to construct or pay a pro-rata share toward impacted TIP projects continues to apply as a SEP A condition of project approval, and must be addressed prior to final plat approval. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 7 File #03-1 03 I 78-OOO-00-SU/ Doc 10 30905 B. Access and Roadway Improvements -The Public Wodes Director has reviewed and accepted the proposed preliminary plat layout and street improvement plans (Exhibits A, D,and E), and the applicant's Traffic Impact Analysis and addendum (Exhibit Q). In addition, the Federal Way Fire Department reviewed and approved preliminary street plans, including curve radii, as proposed. As noted above, access to Brighton Park will be provided .by a new public roadway, via 9th Avenue SW, terminating in a Qul-de-sac within the plat. Resulting from the plat improvements, 9th Avenue SW will connect SW 364tb Place to the north of the plat, and to SW 368tb Street to the south of the plat. As described in 4), below, existing access tracts within 9th Avenue SW will be converted to public right-of-way. As proposed, and as required by code and the Federal Way Comprehensive Plan (FWCP), the applicant will construct the following "local street" improvements on and off the site, and will dedicate the corresponding public right-of-way in an amount necessary to acconunodate improvements. As required by code, all dedications to the City must be conveyed by Statutory Warranty Deed prior to or concurrent with final plat recording. Also, as proposed, and as required by code, all streets will have a minimum pavement section of three inches Class B asphalt over seven inches of crushed surfacing on all internal streets, and three inches Class B asphalt over eight inches of crushed surfacing onSW 360th Street to support the traffic loads. 1) The internal street within the plat will be improved to a "Section U" full street standard within a 56 foot wide right-of-way. Improvements will include 32 feet of paved roadway, vertical curb and gutter, four-foot planter strip with street trees, five-foot sidewalk, and three-foot utility strip, with streetlights. 2) The internal private roadway tract within the plat (Tract "C") will be improved to a "Section Y" full street standard within a 38 foot private tract. Improvements will include 24 feet of paved roadway, vertical curb and gutter, five-foot sidewalk, and two- foot utility strip. As required by code, this tract will serve no more than four lots (Lots 11, 12, 13, and 14), and the tract length will not exceed 150 feet in length. As indicated in text note #3 on the face of the plat, the lots abutting this tract for access shall have undivided ownership of the tract and be responsible for its maintenance. 3) The northerly portion of9lb Avenue SW abutting the plat's eastern property line will be improved to ''%'' street improvements within a 60-foot wide right-of-way. Improvements will include a 36-foot paved roadway, with improvements along the project's frontage to include vertical curb and gutter, four-foot planting strip with street trees, five-foot sidewalk, and three-foot utility strip, with street lights. On the east side of the street, a four-foot gravel shoulder will abut the pavement. The balance of the street improvements on the east side of the street will occur with future development of this area to achieve a "Section S" full street standard. 4) The southerly (off site) portion of9tb Avenue SW, which extends from the plat's southerly boundary to SW 368lb Street, will be improved to the extent necess8.ry to achieve adequate and safe access to the plat, while remaining consistent with existing street improvements within this currently private road and minimizing impacts to the stream which flows through an existing culvert beneath the road. Street and related improvements will consist of a 24-foot wide paved roadway with four-foot gravel shoulders on each side, water quality improvements, and related culvert improvements. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 8 File #03-10317S-OOO-OO-SUI DodD 30905 Existing access tracts within this section of the roadway will be converted to public right-of-way, resulting in a 60-foot right-of-way width. Owners oflots along 9th Avenue SW whose property is subject to existing private access tracts have been notified of the City's intent to convert these tracts to right-of-way (Exhibit R). With future development along 9th Avenue SW, this right-of-way will be developed to the full planned street standard, "Section S." The culvert request is subject to administrative approval, as discussed in paragraph E, below. C. Neighborhood Traffic Safety (NTS) - Pursuant to the above-noted MDNS conditions of approval, in order to address project-related impacts along 9th AvenUe SW, the applicant and City conducted a neighborhood traffic safety (NTS) meeting with residents on March 16,2005. As a result of the meeting, and with the City's concurrence, a total of three (3) speed humps, and associated warning signs, will be constructed to City standards on 9th Avenue SW. The speed humps and associated signage have also been reflected on the preliminary plat map (Exhibit A), as required by the MDNS. Pursuant to the MDNS, these improvements are a required component of plat infrastructure and must be constructed prior to final plat approval, in accordance with approved engineering plans. At the NTS meeting, some of the neighbors raised separate safety concerns about adjacent streets, particularly, site distance on South 368th Street and safe school access. The City's traffic engineer reviewed the concerns and confirmed that the MDNS as issued for the project adequately addresses all identified traffic impacts with no additional analysis or mitigation required. In addition, as noted under Section vm.A, below, Federal Way Public Schools reviewed the applicant's School Access Analysis and determined that the walking routes outlined in the analysis meet the minimum requirements for a walking path to the school. The applicant's traffic engineer also prepared a response to the neighbors' concerns (Exhibit S), which was reviewed and accepted by the City's traffic engineer. D. Additional Proposed Right-ol-Way Dedication - As proposed by the applicant, and accepted by the City, a 30-foot wide strip of property along the west, southwest, and south property lines will be dedicated to the City to help accommodate street frontage improvements when adjacent properties develop, consistent with the FWCC and FWCP. E. Right-of- Way and Culvert Improvements to 9" Avenue SW - The required street improvements to 9th Avenue SW will require additional paving and related improvements, including gravel shoulders, water quality measures such as filter strips, and modification of an existing 12-inch diameter concrete culvert below the roadway. These right-of-way improvements will necessitate intrusions into the stream buffer that are subject to approval by the Director of Community Development Services pursuant to FWCC ~ 22-1312, "Intrusions into Setbacks," (a) Essential public facilities, public utilities and other public improvements. As depicted on the 9th Avenue SW detail on the preliminary plat map (Exhibit A), the applicant has requested to modifY the existing stream culvert beneath 9th Avenue SW in order to accommodate the required street improvements. The Director has reviewed and approved this request as meeting the applicable code criteria at FWCC ~ 22-1312(a). Specifically, no alternative location exists, and the intrusions are the minimum necessary to accommodate the required improvements. Public street improvements are necessary for safe and adequate access to the site; and sUrface water quality improvements are necessary and required in accordance with the King County Suiface Water Design Manual (KCSWDM) in order to treat the street runoff prior to discharge to roadside ditches and the stream. The existing culvert does not align with and will not match the required 24-foot paving along 9th Avenue SW. Accommodating the street improvements requires the removal of approximately 25 feet of the west end of the existing culvert, and addition of approximately 30 feet to the east end. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 9 File #03-1 03178-OOO-OO-SUI DoC ID 30905 Also, as depicted on the preliminary plat map (Exhibit A), the applicant has requested to add a new 12-inch concrete culvert alongside and parallel to the modified existing culvert. The reason for this additional culvert, as described by the applicant, is to address a concern about water ponding in the area of the culvert due to clogging of the culvert, as raised by a neighbor to the south of the site. The City agrees that seasonal debris blockage and backup has historically occurred, due to the culvert's location in a rural, woOded setting, and in a relative low spot. However, this may be strictly a maintenance issue, which may be addressed by converting the street from a private to a public street, with associated maintenance assurances. As a recommended condition of approval, the applicant's final engineering plans must include a drainage analysis addressing the purpose for the additional culvert, for the City's review and administrative decision at that time. It should also be noted that modifications to the stream culvert will be subject to a Hydraulic Project Approval (HP A) pennit from the WDFW, and the.applicant is responsible to obtain and address any conditions of this approval. VllI. PUBLIC SERVICES A. Schools - As required for the City's review of preliminary plat applications, the applicant prepared a School Access Analysis (Exhibit Q, Section Vll.B) that was reviewed by the Federal Way School District. According to District comments (Exhibit 1'), the proposed development will generate approximately 18 to 19 school aged children. The site is located in the service areas for Enterprise Elementary, TIlahee Middle School, and Todd Beamer High Schoo1. Enterprise and Beamer students would be transported by bus, as the schools are located more than a mile from the site. Current bus stop locations are as follows: Enterprise at 6th Avenue SW and SW 367th Street; Beamer at 6th Avenue SW and SW 363M Streets. A safe walking route to all bus stops via'sidewalks will be available to students living within the plat. District comments also indicate that the two walking routes to TIlahee Middle School, as outlined in the School Access Analysis, both meet the minimum requirements for a safe walking path to the school. The District noted no additional concerns. School service areas, and bus stop locations, are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $3,011.50 (plus a City administrative fee) for a single-family housing unit. School impact fees are detennined on the basis of the district's Capital Facilities Plan and are subject to annual update and adjustment B. Parks & Open Space - Existingrecreational facilities that are located within approximately one mile of the Brighton Park site iriclude the BPA Regional Trail, Hylebos State Park, "Armstrong" Park, and the 363M Street Open Space Park. On-site parks and open space requirements are discussed in detail in Section VI.E., above. C. Fire Protection - As noted in Section IX, below, Lakehaven Utility District has certified that water will be available to the site in sufficient quantity to satisfY fire flow standards for the proposed development. The Fire Departmentrequires that a fire hydrant be located within 350 feet of each lot. The exact number and location of hydrants will be reviewed and determined by the Fire Department during .engineering. . Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 10 File #03-1 0317S-ooo-o0-SUl Doc 1D 30905 IX. UTILITIES A. Sewage Disposal-' The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A June 12,2003, Certificate of Sewer Availability (Exhibit U) 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 June 12,2003, Certificate of Water Availability (Exhibit V) indicates the District's capacity to serve the proposed development through a DEA between the applicant and the District. C.. Drainage Design and Facilities - Development of the site will create additional surface water runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities must be designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. Pursuant to the drainage analyses prepared for the project, and the KCSWDM, the project is required to provide Levell flow control and basic water quality standards. In conjunction with engineering review, the applicant's final drainage plans are subject to review and approval under the KCSWDM, and the applicable conditions of preliminary plat approval as recommended. The applicant's conceptual drainage plan (Exhibit C), Level I Downstream Drainage Analyses, and addenda (Exhibit W) were reviewed and accepted by the City's Public Works Department, subject to [mal review and approval in conjunction with engineering review. The downstream analyses indicate that the proposed storm drainage system will preserve the existing north-to-south drainage pattern across the site. Approximately two-thirds of the site drains directly to the on site wetlands by sheet flow. The wetlands drain to the south near the middle of the south property line. The eastern portion of the site also drains to the south and combines with the outflow from the wetlands. The on site developed area will be divided into two drainage sub-basins. As proposed, surface water runoff from Lots 12 through 22, and from the joint driveway for Lots 21 and 22, will be directed toward the wetland in order to mimic existing site conditions and help maintain wetland hydrology. Runoff fromthe remaining developed property will be collected, and then conveyed through a buried piping system to a wet pond/detention facility to be constructed in Tract uB." The pond will discharge at its natural location into the wetland buffer near the south property line. Storm drainage runoff from 9th Avenue SW will be subject to water quality treatment prior to discharge to the stream, and the culvert beneath 9th Avenue SW will be modified to accommodate street improvements. Based on the City's review of preliminary drainage plans (Exhibit C), and the Sheldon recommendations (Exhibit M), specific requirements for the design and construction of storm drainage facilities are recommended to ensure protection of the on site wetlands and stream, as noted in Section XII. Also, as shown on preliminary plat details and the landscape plan (Exhibits B and F), the storm drainage detention pond, Tract "B," is screened from the adjacent street and residential properties by fencing and landscaping. Fencing is specified as dark, vinyl-coated chain link. No retaining walls or rookeries are proposed with the plat or indicated by preliminary grading plans. As a recommended condition of preliminary plat approval, should retaining walls be proposed with plat infrastructure or future home construction, they shall promote residential design themes for compatibility with surrounding residential areas, by utilizing design measures such as terracing, orientation, natural material selection, use of vegetation, and textural treatment. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page II File #03-103178-OOO-oO-SUI Doc 10 30905 x. ANALYSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types ofland 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 recommendation of the Hearing Examiner is 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 approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and stafIresponses are provided below. 1. The project is consistent with the comprehensive plan. StajJComment: The application is subject to the adopted 2000 FWCP, which designates the property as Single Family - High Density. The proposed land use, Single Family Residential lot cluster plat, with 5,000 square foot minimum lot size (RS-9.6), 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 the conditions of approval as recommended., 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. The plat provides for public services and facilities including water, sewer, stonn water facilities, and streets. Future development of the plat in accordance with all applicable codes and regulations, and the conditions of approval as recommended, 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 purposes identified in FWCC ~ 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the commWlity, protection of environmentally sensitive areas, and preservation of approximately 59 percent of the site for permanent open space. As proposed, and with conditions of approval as recommended, the preliminary plat application complies with the design criteria and all other provisions of the chapter. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 12 File #03-1 03178-OOO-OO-SUI Doc ID 30905 5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20-158 through 187. Staff Comment: Development of this site is required to comply with the provisions ofFWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and with conditions of approval as recommended, the preliminary plat application complies with all applicable statutes, codes, and regulations. XI. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Deparbnent of Community Development Services finds that: 1. The proposed action is to subdivide a vacant 15.93-acre parcel into 28 residential single- family lots, in a cluster lot configuration. All adjacent land uses are single-family residential. The site contains critical areas, including regulated wetlands and a stream, which also extend off site to the north and south. No other critical areas on or adjacent to the site were identified during environmental review of the project. 2. The preliminary plat application is subject to the FWCP, and the codes and regulations, in effect at the time the application was deemed complete, on August 29,2003. 3. The subject property is designated Single Family High Density by the FWCP. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning. " 4. Zoning for the site is RS-9.6 (minimum lot size 9,600 square feet). Properties to the north and west of the site are also all zoned RS 9.6. Properties to the south and east of the site are zoned RS-15.0. The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations applicable to a lot cluster plat. 5. An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed action on January 29, 2005. No appeals ofthe SEPA decision were submitted to the City. The project as designed, and as recommended, is consistent with the previous SEP A determination. 6. Pursuant to FWCC ~ 20-154, the lot size in a cluster subdivision may be reduced up to ~ the minimum lot size of the underlying zoning designation, but in no case smaller than 5,000 square feet. Therefore, the minimum lot size allowed on the project is 5,000 square feet. All proposed lots exceed the minimum size required and the average proposed lot size is 6,368 square. feet. 7. Pursuant to FWCC ~ 20-153, on this 15.93-acre parcel, the maximum number oflots allowed is 47. The maximum number of lots allowed is calculated by subtracting 15 percent of the gross land area for open space and subtracting 20 percent for streets, and dividing the remaining area by the underlying zoning lot size. The 28 propos~d lots comply with applicable density requirements. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 13 File #03-1 03178.ooo-oo-SUI Doc II) 30905 8. Each lot as proposed contains an adequate size and shape building envelope to contain a future single-family residence. Building setback lines (BSBL) are identified on the preliminary plat map. 9. The cluster plat regulations promote open space and protect natural features. The proposed plat results in preservation of approximately 59 percent of the site (9.34 acres) in two open space tracts. All on site regulated wetlands and their buffers are preserved within Tract "A". 10. The applicant's open space plan is consistent with applicable code, and will meet the recreational needs of future residents. In accordance with FWCC ~ 20-1 54(5)(b), a cluster subdivision must provide all required open space (15 percent) on site. The plat exceeds the minimum 15 percent open space requirement by providing 59 percent ofthe gross land area in open space. Approximately 8.59 acres of the total open space (Tract "A") will be dedicated to the City, as proposed by the applicant, and accepted by the Parks Director, and may be considered for future recreational opportunities. Usable open space (Tract "E") is provided in the amount 002,471 square feet. Pursuant to FWCC ~ 20-155(c), the Parks Director has reviewed and altered the applicant's proposed open space categories, resulting in.a total open space which significantly exceeds the minimum 15 percent code requirement, and usable open space which is approximately 10 percent of the net developable area of (or .75 acres of 7.34 acres), following open space dedication to the City. In reviewing the proposed open space plan, the Parks Director considered the size of tIle plat; the proposed dedication of park land to the City; existing recreational opportunities in the vicinity of the subject property; and the usability of the Tract "E" usable open space. Tract E will be owned in common and maintained by the homeowners of the plat. Provisions for ownership, use, and maintenance of the tracts are noted on the face of the plat. Pursuant to code, dedication of park property and right-of-way to the City is subject to a statutory warranty deed. 11. The site .contains 90 significant trees, based on the applicant's significant tree retention plan. Eleven of the significant trees are to be removed, and 79 preserved, with infrastructure improvements. All significant trees and other existing vegetation within the Tract "A" open space area of 8.59 acres are proposed to be retained and permanent preserved. Significant trees located outside of approved infrastructure areas are addressed during individual review of single-family building permits, subject to the significant tree retention and replacement standards ofFWCC ~ 22-1568. 12. Clearing and grading limits as proposed by the applicant and shown on the preliminary plat clearing and grading plans, are consistent with the requirements of the subdivision code, whereby site grading is limited to the plat infrastructure areas such as streets, utilities, storm drainage facilities, and usable open space areas. No clearing or grading is proposed within the on site wetlands, wetland buffers, or stream. 13. City staff, and the City's wetland consultant, reviewed and accepted the applicant's wetland and stream classifications and delineations. The site contains a Class I wetland, a Class II wetland, and a major stream. As proposed, all wetlands and associated buffers, and existing vegetation and habitat contained therein, will be Wldisturbed and permanently preserved. As proposed, the project will also install wetland buffer fencing and signage to discourage human and pet intrusions. Final engineering plans addressing the recommended conditions of approval will further ensure wetland and stream protection. Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 14 File #03-103 1 78-OOO-OO-SUI Doc ID 30905 14. Intrusions into the stream setback are proposed and required along 9th Avenue SW, for the purpose of accommodating required right-of-way improvements at this location, including street widening, water quality improvements, and stream culvert modifications. The applicant's request to modify the existing 12-inch concrete culvert beneath 19th Avenue SW was reviewed by the Director of Community Development Services as meeting the applicable code criteria, FWCC ~ 22-1312(a), Essential public facilities, public utilities, and other public improvements. As a recommended condition of approval, the applicant's request for a second 12-inch culvert will be further analyzed during engineering plans review, and an administrative determination based on that analysis will be made at that time. 15. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. The applicant's conceptual drainage plan, and Level I Downstream Drainage Analyses and addenda (Exhibits C and W, respectively), were reviewed and accepted by the City's Public Works Department as adequate to serve the proposed development. Storm drainage detention and water quality treatment facilities for the project will be designed in accordance with the 1998 KCSWDM, as adopted by the City, and the City's amendments to the manual. Final review and approval of the storm drainage facilities will occur during engineering review and is subject to all applicable codes and regulations, and conditions of preliminary plat approval as recommended. 16. Based on a review of the applicant's traffic iinpact analysis, and preliminary plat application as proposed, the Public Works Director and Traffic Engineer have determined that the proposal will comply with 'City codes, policies, and regulations pertaining to site access, street layout, and design. In addition, the Federal Way Fire Department has reviewed and accepted the preliminary street plans, including curve radii, as proposed. Internal streets within the plat are designated as local streets by the FWCP, and will be constructed with full street improvements as required by the FWCC. Ninth Avenue SW is designated as a minor collector, and will be improved to three-quarter street improvements. Conversion of existing private accesS tracts within 9th Avenue SW to public right-of-way, -and improvements therein, are required by the FWCC as a second access to the plat. A 30- foot wide strip of land along the entire western boundary of the plat will be dedicated for future potential construction of 12th Avenue SW, as conceptually depicted in the 2000 FWCP, and a strip ofland varying in width from 30 to 45 feet along the entire southern boundary of the plat will be dedicated for future potential construction of SW 366th Street, as conceptually depicted in the 2000 FWCP. Construction of 12th Avenue SW and SW 366th Street is not required with this plat. All road right-of-ways will be dedicated to the City, with the exception of one private access tract, which must meet applicable City standards. As noted on the preliminary plat, this tract will be owned and maintained by the lot owners receiving access from each tract. As required by the MDNS, and identified in a neighborhood traffic safety (NTS) meeting with adjacent residents, and as shown on the prelimipary plat map, a total of three speed humps, with associated signage, will be constructed to City standards on 9th Avenue SW. 17. The applicant's school access analysis was reviewed by the Federal Way School District. According to the District, the proposed development will generate approximately 18 to 19 school aged children. The site is located in the service areas for Enterprise Elementary, Illahee Middle School, and Todd Beamer High School. Enterprise and Beamer students would be transported by bus, as the schools are located more than a mile from the site. Current bus stop Staff Report to the Hearing Examiner Preliminary Plat of Brighton Park Page 15 File #03-1 03 1 78-{l()()...()()-SUI Doc ID 30905 locations are as follows: Enterprise at 6th Avenue SW and SW 367th Street; Beamer at 6th Avenue SW and SW 363nl Streets. A safe walking route to all bus stops via sidewalks will be available to . students living within the plat. The District also stated that the two walking routes to TIlahee Middle School, as outlined in the School Access Analysis, meet the minimum requirements for a safe walking path to the school. 18. 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 necessary water and sewer services from the utility provider. 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 by the applicant, and as recommended by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations~ 20. Prior to fmal plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. Xll. RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends the Brighton Park Preliminary Plat be approved, subject to the following conditions: . 1) As required by the Directors of Community Development and Public Works, prior to commencing construction, final engineering plans shall be prepared in accordance with the 1998 KCSWDM, for the City's review and approval, and shall address the following: a) For purposes of maintaining wetland hydrology and the quality of surface water entering the wetland buffer, Lots #12 through #22 shall be designed to direct sUrface flow into the wetland buffer; with roof runoff directed to the wetland buffer via dispersion trenches, and driveway runoff from Lots 21 & 22 shall be treated or infiltrated prior to discharge into the wetland buffer. b) Construction activities within the 100 foot stream setback are prohibited from October 151 to April 15t, except as may otherwise be approved by the Public Works Director. c) A drainage analysis addressing the requested second culvert beneath 9th Avenue SW, for the City's review and detennination by the Director of Community Development Services, pursuantto FWCC ~ 22-1312(a). 2) As required by the Director of Community Development Services, pursuant to FWCC ~ 22-1243, the City's wetland consultant will review the applicant's storm drainage plans, at the applicant's expense, and the City may require that any related recommendations be addressed in final plans, prior to commencing construction. Staff Report to the Hearing Examiner Prelituinary Plat of Brighton Park Page 16 File #03-I03178-OOO-QO-SUI Doc ID 30905 3) Any retaining walls associated with plat infrastructure or future home construction shall promote residential design themes, for compatibility with surrounding residential areas, by utilizing design measures such as terracing, orientation, natural material selection, use of vegetation, and textural treatment. XIII. LIST OF EXHmITS Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. A Preliminary Plat Map (Sheet 1 of5), by Sitts & Hill Engineers, revised June 6, 2005 B Preliminary Plat Details (Sheet 2 of 5), by Sitts & Hill Engineers, revised June 6, 2005 C Conceptual Drainage and Grading Plan (Sheet 3 of 5), by Sitts & Hill Engineers, revised June 6, 2005 D Drainage Plan Details & Typical Roadway Sections (Sheet 4 of 5), by Sitts & Hill Engineers, revised June 6, 2005 E 9th A venue Improvements (Sheet 5 of 5), by Sitts & Hill Engineers, revised June 6, 2005 F Landscape Plan (L1.0), by Lang Associates, revised June 4, 2005 G Tree Retention Plan (L2.0), by Lang Associates, October 13, 2003 H Vicinity Map I Zoning Map J Comment letters from VanMeerten and Manning; Response letters from City of Federal Way K Environmental Mitigated Detennination ofNonsignificance (MONS), January 29, 2005 L Environmentally Sensitive Areas Study, by Wetland Resources, Inc., July 15, 2003, revised January 8,2004 M Memorandum from Sheldon & Associates, Inc., October 30, 2003 N Wildlife Study Report, by Wetland Resources, Inc., January 8, 2004 o Wetland Signage Detail P Typical House Prototype Elevations Q Traffic Impact Analysis, with School Access Analysis (Section VIIB), by William Popp Associates, June 26, 2003; and addendum November 12, 2003 R City notification to neighbors regarding 9th Avenue Tract "X" conversion to right-of-way S Letter regarding traffic issues on SW 368th Street, from William Popp Associates, April 11, 2005 T Email conitnents from Geri Walker (Federal Way Schools), September 10,2004 U Certificate of Sewer Availability V Certificate of Water Availability W Levell Drainage Analysis, by Engineering Consultants Northwest, Inc (ECNW), July 2003; Addendum to Levell Drainage Analysis, by ECNW, November 2004; Addendum to TIR letter with attachments from ECNW, May 4, 2004 Staff Report to the Hearing Rxaminer Preliminary Plat of Brighton Park Page 17 File #03-103178-OOO-OO-SUI Doc ID 30905 ......nc (tOE)' W.4 .. IItt-1Clr (IOQ "'llI. "",. -~. 7" ~ WMIII KtOt I.Uf'tt~~_""OW'1 ,. 'S;JJ,VI:109SV 9HV1'W -;;;:=r-- - ~ .,;iS~':~3 111H i SLilS -I::: =~~1H "i j2 ...... i ... .. g ISl . ~ ~ 5 :11 I~ II !I;,f lYld AUVNlN13Ud 10.- ___' I.L.. · ~ UlS-OO-8,m:(Il-S01 I 0 I 0 lftfYdNOlll9IIl8 -.... MtIlII.UC: (tad: "W"" . ____ C., "'liL "1ft WIi.~ 7M a-w ...... ~" ~~......p HOSN'ffl 0lMl:/RI ~- ------ - -.r-- - ....----- - cL c:: z <=> (Xl N o ~ :rJ m en i . q: ~ 'I . vI i ill OJ. =~, ill! :;iJj : 5 !!~; P II!I' ~~~I ',I ~!=~ ,I !ii~ i U~ili i ~1 iiii. I i ; I Mil ! fMd ~ h! 1:1, I I III /J-' ~ I }I~/ , \ -J 'i:~:) II ;j~:::-----: osr~ l I I) im, I,. II '14 · Ii It I ;l .; IE t. t :!~i !II~~ I; I nil !; .; .1 iltl i! I ~ 01 IZi~ I!~~; il it I :i -' r ~ ~ P Ii l ~! 3~ >l eo ,......., oc-I r-t') C) ~ I r<\ o --- -.... l~ ---....." ," I ~ >l -t ~1.'\-t .c;~~ 6.1'._ c; f.~ ,,'J- /t~ , - ",I -~--- . EXHIBIT ... .. ~ .. .. .. :> rn 6 o .l:. .. 1; o " Ii? o d z UI ..J u: )- I- o ~ Ii -J -=~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF BRIGHTON PARK, FEDERAL WAY FILE NO. 03-103178-00-SU. WHEREAS, the owner, Mr. Richard M. Hanson, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Brighton Park, and consisting of 15.93 acres, into twenty-eight (28) single family residential lots located west of 9th Avenue SWat SW 366th Place (if extended); and WHEREAS, on January 29, 2005, an Environmental Mitigated Determination 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, no comments or appeals on the MDNS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Land Use Hearing Examiner on June 21,2005, held a public hearing concerning the Brighton Park preliminary plat; and WHEREAS, following the conclusion of said hearing, on July 1,2005, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Brighton Park subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- 127 of the Federal Way Ci(y Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on July 18, 2005, the City Council Land Userrransportation Committee considered the record and the Hearing Examiner recommendation on the Brighton Park preliminary plat, pursuant to Resolution #__, Page I File #03-10317~SlJ I Doc. !.D. 32321 EXHIBll~_.___ G Chapter 20 of 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 Brighton Park preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on August 2,2005, the City Council considered the record and the Hearing Examiner recommendation on the Brighton Park preliminary plat, pursuant to Chapter 20 of 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 I. Adoption of Findings of Fact and Conclusions. I. The findings of fact and conclusions of the Land Use Hearing Examiner's July I, 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. Resolution #__> Page 2 File #03-1031 78-00-SU I Doc tD 32321 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 immediately above, the preliminary plat of Brighton Park, Federal Way File No. 03-103178-00-SU, is hereby approved, subject to conditions as contained in the July 1,2005, Report and Recommendation of the Federal Way Hearing Examiner. 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 of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions, and conduct such additional 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 affirmed. Resolution #_, Page 3 File #03-103178-00-SU / Doc. LD. 32321 Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS_ DAY OF ,2005. CITY OF FEDERAL WAY MAYOR DEAN MCCOLGAN ATTEST: CITY CLERK N. CHRISTINE GREEN, CMC ApPROVED As To FORM: CITY ATTORNEY PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No. . Resolution #_, Page 4 File #03-103 I 78-00-SU / Doc. LD_ 32321 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 18, 2005 Land Use and Transportation Committee ~ David H. MOS~anager .,.' Marwan Salloum, P.E_, Street Systems Manager . ---""'- Inter/oca/ Agreement with Lakehaven Utility Distrlctfor the design and construction of S336th at pI Way South Intersection Improvement pro;ect POLICY QUESTION: Should the Council authorize the Interlocal Agreement (ILA) with Lakehave Utility District (LUD) for the design and construction of a water main as part of the S336th at I st Way Intersection Improvements Project? BACKGROUND: Lakehaven Utility District requested the City to enter into an interlocal agreement for the design and construction of a water main replacement as part of the S336th Street at 1 st Way South Intersection hnprovements project in an effort to reduce both cost and extended public disruption of the area. The estimated cost of the interlocal agreement as outlined in Exhibit "B" of the Agreement is $5,460.00 for project design. Also, Exhibit "B" lists several items dependent upon the final construction costs as "TBD", To Be Determined. These items will be completed when the water main replacement is fully designed and the project is bid for construction. At that time this Agreement will be amended to reflect the bid amounts and the total cost of this project ifLUD elects to have the project constructed by the City's contractor. Due to the fact that we had to resolve the water main replacement issue, enter into an interlocal agreement with Lakehaven, and the desire to have the project construction completed without any potential shut-down during the winter weather, the ad date for this project has been moved to February 2006. OPTIONS: I. Authorize the City Manager to execute the Interlocal Agreement as written. 2. Authorize the City Manager to execute the Interlocal Agreement with the Committee recommended modifications. 3. Reject the Interlocal Agreement and have Lakehave perform the design and project construction separately from the City project. 4. Direct staff to any other option the Committee would like staff to evaluate. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the August 2, 2005 City Council Consent Agenda for Approval: Authorize the City Manager to execute the attached Interlocal Agreement as written. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the August 2, 2005 City Council Consent Agenda. K:\LlITC\2005\07-IB-oS LUD lnterlocal Agreement for S336th otIs! WOy.rY:x; After recording, return to: Federal Way City Attorney's Office 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHA VEN UTILITY DISTRICT FOR THE S 336TH STREET AT 1ST WAY S PROJECT THIS AGREEMENT is made and entered into this _ day of , 2005, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the S 336th Street at 1st Way S Project (hereinafter "Project"); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants, valves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within the Project area; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN. The District agrees that the City's design contractor, PER TEET, Inc., shall perform design work for the Project as described in Exhibit A. The District shall reimburse the City for the design work, reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days ofreceiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided. however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, and as described in Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's Board of Commissioners of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICA nON AND HOLD HARMLESS. A. The City agrees to indenmify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHA VEN UTILITY DISTRICT David H. Moseley, City Manager General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Patricia A. Richardson, City Attorney General Counsel, Steven H. Pritchett ATTEST: N. Christine Green, CMC, City Clerk EXHIBIT ((A" WATER MAIN REPLACEMENT South 336lh Street at 1st Way South Intersection Improvement City of Federal way Scope of Services Prepared by PERTEET June 2005 Introduction The purpose of this supplement is to authorize the Consultant to design a new water line to replace an existing AC main that is in conflict with proposed intersection improvements. The new waterline design will begin at the northeast corner of S. 336th Street and 1st Way S. and extend approximately 240 lineal feet to the east along S. 336th Street. This work is being done at the direction of the City of Federal Way for the Lakehaven Utility District. 8.0 Water Line Replacement 8.1 Design replacement of the 12-inch waterline from the northeast corner ofS. 336th Street and l't Way S. and extend approximately 240 lineal feet to the east along S. 3361h Street. This will include the design replacement of the 16" X 12" cross in the intersection as well as the three adjoining valves and the reducer to the 8" line to the west. This is anticipated to be one plan sheet. 8.2 Produce an engineer's cost estimate and separate bid schedule for waterline replacement. 8.3 Modify bid documents and include Lakehaven Utility specifications and standard plans. 8.4 Submit 100 percent plans and incorporate Lakehaven Utility District's review comments into the final plans and bid documents. 8.5 Mail the final water line sheet on one compact disk in the AutoCAD 2005 software release to Lakehaven Utility District for there own use in preparing there own as-built drawing. EXHIBIT "B" SOUTH 336th STREET AT 1 Sf WAY SOUTH ESTIMATED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT UTILITY REPLACEMENT AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility replacements (PERTEET) $5,200.00 ESTIMATED CONSTRUCTION COSTS Construction Costs Subtotal Construction $TBD $TBD Sales Tax @ 8.8% of Construction Cost $TBD Subtotal Construction Including Sales Tax $TBD Construction Contingency (10% of Construction cost.) Construction Management (12% of Construction cost.) $TBD $TBD $TBD ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST (Design & Construction) $5,200.00 Project Administration (5% of project cost) $ 260.00 TOTAL ESTIMATED COST $5.460.00 Note: The Agreement will be amended to include amounts to be determined ("TBD ''), including estimated design, construction, and project administration costs when the estimates have been prepared. Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District 's utility relocation portion for reimbursement to the City. CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 18, 2005 Land Use and Transpo ~ David H. Mose anager Marwan Salloum, P.E., Street Systems Manager - "", ___.- 2P' Avenue South Grid Road Extension (South h Street to S 320th Street); 30% Desixn Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the 21 st Avenue South Grid Road Extension (South 318th Street to S 320th Street) and return to the Council at the 100% design completion for further reports and authorization? BACKGROUND: Sound Transit is in the process of constructing a transit center and parking garage. As a part of this project Sound Transit will be constructing 21 st Avenue South, from South 316th Street to South 318th Street. This project will extend the proposed Sound Transit improvements to 21 st Ave South from S 318th Street to S 320th Street. The purpose of the project is to improve traffic flow, and enhance access to the transit center. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: . The Topographical Surveys . SEP A Submittals . Right of Way Plan . Project Design to 30% Ongoing Tasks Include: . SEP A Approval and Project Permitting . Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition) . Project Design to 100% This project is scheduled to go to bid in April 2006 and start construction June 2006. PROJECT ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition Construction Cost (estimate) 30% Construction Contingency Construction Management $75,000 600,000 670,000 201,000 100,000 TOTAL PROJECT COSTS $1,646,000 July 18, 2005 Land Use and Transportation Corrunittee 21 51 Ave. South Grid Road Extension (South 318th Street to S 320th Street) - 30% Design Status Report Page 2 AVAILABLE FUNDING: REET Fund Sound Transit $890,000 1,000,000 TOTAL A V AILABLE BUDGET $1,890,000 OPTIONS: 1. Authorize staff to proceed with design of the 21st Avenue South Grid Road Extension (South 318th Street to S 320th Street) Project and bid the project and return to LUTC Committee with a request for permission to award the project to the lowest responsible, responsive bidder. 2. Authorize staff to proceed with design of the 21 st Avenue South Grid Road Extension (South 318th Street to S 320th Street) Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization. 3. Do not authorize staffto proceed with finalizing the design of this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option I to the August 2,2005 City Council Consent Agenda for approval: Authorize staff to proceed with design of the 21 st A venue South Grid Road Extension (South 318th Street to S 320th Street) Project and bid the project and return to LUTC Committee with a request for permission to award the project to the lowest responsible, responsive bidder. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the August 2,2005 City Council Consent Agenda. cc; Project Fi Ie Day File K:\LUTC\2005\07-18-05 21st Ave South Grid Road Extension 30% Design.doc CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 18, 2005 Land Use and Transportation Committee ~ David H. MOS~nager Marwan Salloum, P.E., Street Systems Manager.. -~., Grant Funding Application for Transportation provement Projects POLICY QUESTION: Should City Council authorize staffto submit grant applications for transportation improvement projects? BACKGROUND This memorandum provides the Council with the current funding availability of grant applications for transportation projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following projects will likely be competitive in the 2007 funding cycle. Project (Funding Phase) Estimated Proj. Possible Grant Fund Grant Cost in Millions RanJ;:e in Millions Pacific Highway At S356th Street Intersection Improvements (Right of Way and Construction) 2007 Transportation Partnership $6.0 $4.2 to 3.6 Program (State) Required Match in Millions ** $1.8 to 2.4 Pacific Highway S HOV Phase IV (Dash Point Road to S 312tb Street) (Design, Right of Way and Construction) 2005 VKING TEA21 (Federal) 2007 Tffi Corridors (State) $15.0 $15.0 $0.440 $9.0 $0.059 $6.0 ** If more than one grant is awarded on a project, it is possible to match the match between the grants. Therefore minimizing the City required match. OPTIONS: 1. Authorize staffto submit grant funding applications for the following transportation improvements projects: . Pacific Highway S HOV Phase IV (Dash Point Road to S 312th Street) . Pacific Highway at S356th Street Intersection Improvements 2. Modify the list of projects for which staff should submit grant-funding applications. 3. Do not submit any grant funding application in 2005 STAFF RECOMMENDATION: Staff recommends placing option #1 on the August 2,2005 Council Consent Agenda: Authorize staffto submit grant-funding applications for the following transportation improvements projects: . Pacific Highway S HOV Phase IV (Dash Point Road to S 31th Street) . Pacific Highway at S356th Street Intersection Improvements COMMITTEE RECOMMENDATION: Forward the Committee recommendation to the August 2, 2005 City Council Consent Agenda MS:ms cc: Project File Day File K:\LVTC\200S\07-18-0S 2005 Grant Funding Application for Transportation Improvement Projects. doc CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 18, 2005 Land Use and Transportation Committee David H. Mosele~-anager ~. Marwan Sallou( P l~ Street Systems Manag~-- South 320th Street at r' Avenue South Intersection Improvements Project; 30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the South 320th Street at 1 st Avenue South Intersection Improvements Project and return to the Council at the 85% design completion for further reports and authorization? BACKGROUND: This project will add a 2nd left-turn lane in all four directions, northbound, southbound and westbound right-turn lanes and widen 1st Avenue South to 5 lanes from South 3 16th Street to South 320th Street. The traffic signal system will be modified to accommodate the added lanes. The existing span-wire emergency signal system at the Federal Way Fire Department will be replaced with a new signal. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: . The Topographical Surveys . The Geotechnical Investigation · SEP A Submittals . Channelization Plans . Project Design to 30% Ongoing Tasks Include: . SEP A Approval and Project Permitting . Value Engineering Study . Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition) . Project Open House scheduled for July 2005 . Project Design to 85% PROJECT ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition Construction cost 2006 (estimate) 30%, Construction Contingency Construction Management (12%) $450,000 864,000 3,474,000 1,042,200 542,000 TOTAL PROJECT COSTS $6,372,200 July 18, 2005 Land Use and Transportation Committee South 320th Street at 1 st A venue South Intersection Improvements Project - 30% Design Status Report Page 2 AVAILABLE FUNDING: REET Fund Utility Tax Transfer in street eIP Fund Mitigation $337,000 603,000 217,000 129,225 TOTAL AVAILABLE BUDGET $1,286,225 At this time, staff anticipates obtaining Transportation Improvement Board (TIB) funds at 60% funding, or approximately $3,823,320. This project budget has funding shortfall of $1,262,655. The scope of the project has expanded from the original scope that was outlined in the City Transportation Improvement Program (TIP). The added scope includes adding a second southbound left turn lane, a second southbound right turn lane, and a second eastbound left turn lane. This increase in scope required additional right of way acquisitions, additional retaining walls and increased the size of the surface water detention and water quality facilities. Staff evaluated the possibility of constructing a roundabout at this intersection to provide a traffic calming, pedestrian friendly, and aesthetic intersection. Even with three lanes the roundabout alternative will not meet the Level of Service (LOS) for the year 2020, and will also have major impacts on the adjoining property. The roundabout would reduce the number of parking stalls available for the businesses, one of the businesses (North west comer) would need to be relocated, and the need for higher retaining wall construction and right of way acquisition for business relocation would increase the project cost. In 2004 Staff applied and was not successful in obtaining TIB funding for this project as it was scoped in the 2004 TIP. This project was scheduled to go to ad in April 2006 and start construction June 2006 if grant funding from the State Transportation Improvement Board (TIB) was obtained in the 2005 grant cycle. To improve the project score staff proposes to proceed with the design, environmental approval process and the Right of way acquisition to qualify as a construction-ready project in the hope of getting 5 additional score points for possible project funding. As a result, a Till funding application will be submitted in 2006 when the project design and right of way acquisition is completed. OPTIONS: I. Authorize staff to proceed with present design of the South 320th Street at 18t Avenue South Intersection Improvements Project and return to LUTC Committee at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the August 2, 2005 City Council Consent Agenda for approval: Authorize staff to proceed with design of the South 320th Street at I st A venue South Intersection Improvements Project and return to LUTC Committee at the 85% design completion stage for further reports and authorization July IS, 2005 Land Use and Transportation Committee South 320th Street at 1st Avenue South Intersection Improvements Project - 30% Design Status Report Page 3 COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the August 2,2005 City Council Consent Agenda. cc: Project File Day File , II I, Parametrlx OATE: ll4J05.'053:54pm P'U: 1Il-bot.<ndII,.,1WI1l10fldW._~4) z}:> o , SCALE IN FEET Figure 2 ROUNDABOUT OPTION S 320TH/1 ST AVE. CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 18, 2005 Land Use and Transportation Committee David H. MOS~ Manager _~ Marwan Salloum, P.E., Street Systems Manager ~ South 356th Street at SR 99 Intersection Improvements Project; Design Alternatives Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the South 356th Street at SR 99 Intersection Improvements Project and return to the Council at the 30% design completion for further reports and authorization? BACKGROUND: This project is affected by three other Capital Projects, Pacific Highway South HOV Lanes Phase V (South 340th Street to South 356th Street), South 356th Street Widening (1st Avenue South to SR 99), South 356th Street Improvements (SR 99 to SR 161) and WSDOT 1-5 Triangle Project. This intersection currently fails to meet City Level of Service (LOS) criteria. The project consultant evaluated four intersection improvements alternatives. Alternatives 1-4 meet the City LOS criteria for the year 2030, which are the projected traffic volumes from the WSDOT 1-5 Triangle Project. Alternative I does not meet the City volume to capacity requirements for the year 2030. For Alternatives 2-4 the lane configurations are the same and include the following: . Eastbound - 2 left-turn lanes, 1 thru lane, I right-turn lane . Westbound - I left-turn lane, 2 thru lanes . Northbound - 2 left-turn lanes, 2 thru lanes . Southbound - I left-turn lane, 3 thru lanes The four Alternatives are shown on the attached exhibits and described below: ALTERNATIVE 1: ROUNDABOUT This alternative includes a modem roundabout with three circulating lanes incorporating the four intersecting legs of S 356th Street and SR 99. To meet FHW A and WSDOT design guidelines for circulating speeds and defection angles, the westerly approach of S 356th Street will be realigned to intersect the roundabout to the north of the existing alignment. Likewise, the southbound approach on SR 99 will be realigned to intersect the roundabout west of the existing alignment. By locating the roundabout north of the existing intersection, it is possible to avoid further realignment of the west and south approach legs of S 356th Street and SR 99. See attached figure ALTERNATIVE I. Pros: Eliminates the need for a signal. Pedestrian friendly. Cons: The roundabout docs not meet the City volume to capacity requirements. There are moderate right of way impacts, business relocation required. WSDOT approval for the 3-lane roundabout on a state highway may be difficult. This alternative may have possible wetland impacts July 18, 2005 Land Use and Transportation Committee South 356th Street at SR 99 Intersection Improvements Project - Design Altematives Status Report Page 2 ALTERNATIVE 2: SIGNAL WITH STRAIGHT EAST LEG: The proposed east leg of the intersection would be reconfigured as an "in line" continuation of the west leg to match the existing roadway (South 356th Street) 1600 feet east of the intersection with SR 99. The west, north and south legs would remain along their existing alignments. See attached figure ALTERNATIVE 2. Pros: The skew angle of the east leg is increased from 34 to 70 degrees. Eliminates the signal split phasing. Cons: The Alternative is the most costly. There are moderate right of way impacts; business relocation may be required. WSDOT deviation approval is required for 70-degree skew angle, (WSDOT minimum angle is 75 degrees). This Alternative may have possible wetland impacts. ALTERNATIVE 3: SIGNAL WITH MODIFIED EAST LEG: The proposed east leg of the intersection would be reconfigured as an "in line" continuation of the west leg, however, it continues northeasterly with reverse curves (connected with small tangent) to match the existing roadway (South 356th Street) 1200 feet northeast of the intersection with SR 99. The west, north and south legs would remain along their existing alignments. See attached figure ALTERNATIVE 3. Pros: The skew angle of the east leg is increased from 34 to 70 degrees. Eliminates the signal split phasing. Cons: There are moderate right of way impacts; business relocation may be required. WSDOT deviation approval is required for 70-degree skew angle, (WSDOT minimum angle is 75 degrees). This Alternative may have possible wetland impacts. ALTERNATIVE 4: SIGNAL WITH EXISTING ALIGNMENT EAST LEG: The proposed west leg would be shifted north to eliminate the angle point through the intersection, 300 feet west of the intersection of SR 99. The east, north and south legs would remain along their existing alignments. See attached figure ALTERNATIVE 4. Pros: There are minimal right of way impacts. This Alternative does not impact wetlands. Eliminates the signal split phasing. Cons: The curves on the east leg would require 6% super-elevation and speed reduced to 30 MPH to meet WSDOT and AASHTO standards. WSDOT deviation approval is required for 34-degree skew angle, (WSDOT minimum angle is 75 degrees), and for the radius through the intersection, (WSDOT requires tangent through the intersection, no radius). Business relocation may be required. July 18, 2005 Land Use and Transportation Committee South 356th Street at SR 99 Intersection Improvements Project - Design Alternatives Status Report Page 3 PROJECT ESTIMATED EXPENDITURES: * AL TERNA TIVE ALTERNATIVE ALTERNATIVE AL TERNATIVE 1 2 3 4 Planning and Design $1,045,000 $1,045,000 $1,045,000 $1,045,000 ROW Acquisition 2,888,000 3,750,000 2,750,000 1,562,000 Wetland Mitigation (estimate) 305,000 619,000 217,000 0 Construction cost 2006 (estimate) 2,031,000 3,094,000 2,173,000 2,077 ,000 30% Construction Contingency 609,000 928,000 652,000 623,000 Construction Management (12%) 437,000 483,000 339,000 324,000 TOTAL PROJECT COSTS $7,315,000 $9,919,000 $7,176,000 $5,631,000 * NOTE: Alternative 1 does not meet City volume to capacity requirements and/or WSDOT approval for use on state highways. AVAILABLE FUNDING: TIB Grant Fund Transfer in street CIP Fund Mitigation Budgeted City Match (03) $378,210 37,920 769,849 1,120,000 TOT AL AVAILABLE BUDGET $2,305,979 At this time, staff recommends submitting a grant application for Transportation Improvement Board (TIB) funds at 60% funding (approximately $3,927,390). Even with the anticipated TIB funding this project budget still has funding shortfall of $942,8 13 under Alternative 3. OPTIONS: I. Authorize staff to proceed with design of the South 356th Street at SR 99 Intersection Improvements Project (Alternative 3) and return to LUTC Committee at the 30% design completion stage for further reports and authorization 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. STAFF RECOMMENDA TJON: Staff recommends forwarding Option I to the August 2, 2005 City Council Consent Agenda for approval: Authorize staff to proceed with design of the South 356th Street at SR 99 Intersection Improvements Project (Alternative 3) and return to LUTC Committee at the 30% design completion stage for further reports and authorization. July 18, 2005 Land Use and Transportation Committee South 356th Street at SR 99 Intersection Improvements Project - Design Alternatives Status Report Page 4 COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the August 2,2005 City Council Consent Agenda. cc: Project File Day File / , N ~ '" 2. . '" eo I J....':.:I r StAll. IN mT r J . t . ! f I ~ '1 1, i! .... :~ !s .~ HR __k ,- r Ii :1 I S. 356TH ST.lPACIFIC HWY SOUTH INTERSECTION IMPROVEMENTS FIG NO 1 OPTION 1 - ./l.Ilit 200S IHTERSECTJOH ALfS. ISSUE Ol\TE D(SCRPlION Ii I' I ~ I, . " SHEET PROJEt1 MIAlBER OOOOOOOOOO26897 N ~ 100 ~ 0 1(X1 I J....':.:I ' seAU: IN rEEl r J . i . ! f I ~ '1 l, ;! !~ .~ ill &~ 200 I }ffi -,...-.... I - JUNE ZOO5 INTtRStcT()N AlTS. ISSU( Oll.TE CESCRP'nON S. 356TH ST.lPACIFIC HWY SOUTH INTERSECTION IMPROVEMENTS ",S.- FIG NO 2 OPTION 2 . " ill' Ql flVU"et2.d-.q SHW PROJECT NUl.lSER OOOOOOOOOO28897 " N ~ .... 0 lOll 'I" -J.....:.:I ' SCALf: IN rEEl r J . i . f I ~I !, i~ .- :d !ll .1 """;;~ :0 S. 356TH ST.lPACIFIC HWY SOUTH INTERSECTION IMPROVEMENTS 200 r FiR __k - JUt4E 2005 INTERSECTION AlTS. ISSUE DAT[ O(SCRlPTIOH PROJECT NWBER 000000000028!97 c ,! 8 . OPTION 3 . 1"""""'1 2" flL.[NN,l[ int olt rilJUfu2.dw; SCAlE M;. SHOWN ....ET " FIG NO 3 N ~ 100 50 0 100 200 I J....';j , I SCAlE IN fUT r J . i . i I ~ ~'1 !, ~ :~ !ll .~ HR __k - JUNE ~ INTERSECTION ALfS. ISSUE DATE OfSCRPTlON PROJECT NUWBER OOOOOOOOOO26&111 S. 356TH ST./PACIFIC HWY SOUTH INTERSECTION IMPROVEMENTS . OPTION 4 " c 8 . ...." FIG NO 4 r "'" (',' CITYO' A Fede~ral Way DATE: July 18, 2005 TO: Land Use/Transportation Committee VIA: David M~anager FROM: Kathy McClung, Director of Community Development Services ~ SUBJECT: Revision to the 2005 Planning Commission and Long Range Planning Work Program MEETING DATE: July 18, 2005 A. REQUESTED ACTION Request that the Land UselTransportation Committee (LUTC) revise the 2005 Planning Commission Work Program to incorporate the Downtown Code Amendments and some Shoreline Master Program Updates, and forward a recommendation to the City Council. B. BACKGROUND The City Council approved a Planning Commission Work Program at their February 15th meeting. Since that time, the Council has adopted an Interim Zoning Ordinance for the City Center Core and a portion ofthe City Center Frame. This Ordinance will expire by the end ofthe year, if not extended by the City Council. Staff has been directed to recommend permanent changes to the zoning regulations for this area by the end ofthe year. This will require a change to the Planning Commission Work Program in order to accommodate this change. In addition, City staff applied for a state grant to update the Shoreline Master Program to the latest state adopted standards. We have been infonned that the City will receive approximately $150,000 in order to inventory several lakes in the City, assign shoreline designations to the P AA, and update the text of the program to the latest standards, incorporating Best Available Science. State law will require these changes by 2009 in any case. By accepting the grant we are agreeing to complete this work by the end of June 2007. The inventory portion of this grant will be required to be started this year. There will likely be little that the Planning Commission will actually have to do this year on this project, but it will impact some staff resources. In order to accommodate these two unanticipated projects, we will take some senior staff off of current planning projects to work on these and infill the current planning work with temporary help. Our goal is to impact the permitting area as little as possible, but there will be some impact with any staff change. . The following is an update of the existing work program (in bold) with the new programs added in italics: 1 st Quarter _ 1. Signs in Annexation Area - Presented at the January 19th Planning Commission meeting - Complete 2. Signs on athletic field fences - draft report completed - Complete 3. Freeway signs - draft ordinance completed - The Planning Commission will hold their 3rd meeting on this issue on July 27th. 4. Traffic Concurrency - draft report completed. Not complete. 5. City Planned Action SEP A - DRAFT close to be being finished. Anticipate finishing in August 6. Shoreline Stringline Setback Issue - Draft report being worked on. The State DOE will not consider a separate amendment until we update the Shoreline Program. We will incorporate in the update. 7. Start Comprehensive Plan Update - Complete 2nd Quarter - 1. Continuation of 2004 Comp Plan Update (Housing Chapter Update + one parcel request) - Complete 2. Address reasonable measures and density if required - City will follow up with Suburban Cities on what needs to be done. 3. Development Regulation requests from 2004 (2) if recommended by City Council - Not started 4. Start Neighborhood Business Changes ~ Scheduled for Planning Commission August 3rd. 3 rd Quarter - 1. Cottage Housing - Draft report complete- Planning Commission workshop August 16th. 2. Downtown changes 3. Contract for shoreline inventory 4. Amendments as result of Planned Action SEPA (including increased height and other items identified in downtown study) - Incorporate in Downtown Changes 4th Quarter 1. Traffic Meetings in Neighborhoods 2. 2005 Comprehensive Plan Update (five site-specific requests plus amendments for increased heights along Pacific Highway view corridors.)* . Code amendments related to this amendment would be made concurrently or the following year depending on staff resources available. Items that may be added time permitting: 1. Off. site signs for advertising events 2. Traffic impact fee 3. Construction hours amendment 4. Inconsistencies with appraisal requirements Land Use!fransportation Committee Memo Revisions to 2005 Planning Commission and Long Rang Planning Work Program July 18,2005 Page 2 #' " OPTIONS These have been prioritized based on state requirements, staff resources and council direction. It is a fairly ambitious workload and items will be delayed based on the time the Planning Commission and City Council take to review each item. City Council has discretion to move the order and priority. COMMITTEE RECOMMENDATION Move to recommend to the full Council to amend the Planning Commission Work Program to incorporate the downtown code amendments and update to the Shoreline Program on August 2, 2005. Land Use!fransportation Committee Memo Revisions to 2005 Planning Commission and Long Rang Planning Work Program July 18,2005 Page 3 " Tentative Work Plan for Downtown Zoning Ordinance 1. June -July 8-Prepare scope of work and contract (if needed) with Faith Lumsden. (Doherty) 2. JuZ 8-18- Consultant prepare draft code obstacle report. Report delivered on July 18 . (consultant) 3. July 18- LUTC amend Planning Commission work program and update on the plan. (McClung) 4. July 18-July 22-Staffreview and feedback to the consultant July 22. (Doherty, Fewins, McClung, Barker) 5. August 1- Preliminary feedback to LUTC (Doherty & McClung) 6. August 2- Hearing on Interim Zoning Ordinance (McClung & Doherty) 7. August 8- Final report back from consultant. 8. August 8-August 16th-Meet with Chamber or other interested stakeholders. (Doherty) 9. August 16-September 8- Draft Ordinance (Michaelson) (15 working days) 10. September 9-15 - Staffreview draft ordinance (Law, Moseley, Doherty, Fewins, McClung, Barker) 11. September 9-15 - Start Planning Commission Staff Report (MichalesoIi) 12. September 1-9- Prepare SEPA checklist -Barker 13. Issue SEPA 9/14- Conlen 14. September 15-17 Prepare final ordinance. (Michaelson) 15. September 18-27- Prepare final staffreport to Planning Commission.(Michae1son) 16. September 19- Prepare Notice to Paper on PC Hearing (McClung & Piety) 17. Post and mail Public Notice for PC Hearing (piety & Intern) 18. September 21- Planning Commission Workshop- (Michaelson, Doherty, McClung) '0 19. September 28- PC Staff Report Mailed (piety) 20. October 5 & October 19- Planning COlmnission Hearings (19th only if needed) (Michaelson, Doherty, McClungO 21. October 20-28- Prepare PC Findings & LUTC memo (Michaelson) 22. November 7 & 21- LUTC (Council as Whole) (November 28 special meeting if needed) 23. November 29- Prepare Council Agenda Sheet - (Michaelson) 24. December 6- first reading at Council. Extend moratorium if needed. 25. December 19- second reading CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 18, 2005 Land Use and Transportation Committee David H. M~ Manager Cary Roe, P.E., Public Works Director t4*<- Voluntary Development Agreement between the City of Federal Way and OPUS NW, LLefor Development of Traffic Signal Improvements at the intersection of SR-18 and SR-161. POLICY QUESTION: Should the Council authorize staff to enter into a voluntary development agreement with OPUS NW, LLC for traffic signal improvements at the intersection of SR-18 and SR-161 ? BACKGROUND: OPUS NW, LLC is redeveloping the property south ofSR-18 in between SR-99 and SR-161. As a condition of the redevelopment, OPUS is required to make partial improvements to the intersection ofSR-18 and SR-161 including upgrades to the existing traffic signal. The City of Federal Way Public Work's department plans on making improvements to the same intersection as a part of the City's six-year TIP and 200512006 Capital Improvement budget. The City's planned improvements are scheduled to occur in the summer of 2006, which is several months' following the planned grand opening of the OPUS redevelopment project. Thus, to minimize impacts to OPUS, the traveling public, and surrounding businesses, OPUS and the City have agreed to comprehensively reconstruct the traffic signal one time rather than two times separately. This coordinated approach will allow for a simplified design and construction project for both parties and will accelerate the timing of the traffic signal upgrade, thus providing a more efficient level of service at the intersection. In order to facilitate the coordinated and cooperative approach to upgrading the traffic signal once versus twice the City would agree to reimburse OPUS for the difference in costs between the base improvements (traffic signal improvements OPUS is required to perform as a condition of the redevelopment of their property) and the expanded improvements (the traffic signal improvements contained in the City's six year TIP and 2005/2006 Capital Improvement Budget). BUDGET: The 2005/2006 capital improvement project budget for the intersection project has sufficient funds to cover the reimbursement to OPUS for the difference in costs between the base and expanded traffic signal upgrade. OPTIONS: 1. Authorize staff to enter into the voluntary development agreement with OPUS NW, LLC for development oftraffic signal improvements at the intersection ofSR-18 and SR-161. 2. Do not authorize staff to enter into the voluntary development agreement with OPUS NW, LLC for development of traffic signal improvements at the intersection ofSR-18 and SR-161. July 18, 2005 Land Use and Transportation Committee South 320th Street at 1 ,t A venue South Intersection Improvements Project - 30% Design Status Report Page 2 STAFF RECOMMENDATION: Staff recommends forwarding Option I to the August 2, 2005 City Council Consent Agenda for approval: Authorize staff to enter into the voluntary development agreement with OPUS NW, LLC for development of traffic signal improvements at the intersection of SR-18 and SR-161. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the August 2,2005 City Council Consent Agenda. cc: Project File Day File VOLUNTARY DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND OPUS NORTHWEST, LLC FOR DEVELOPMENT OF TRAFFIC SIGNAL IMPROVEMENTS AT INTERSECTION OF SR-18 AND SR-161 DRAFT July 14, 2004 . The City of Federal Way ("City") and OPUS Northwest, LLC ("OP liability company, collectively referred to herein as "the Parties", enter i agreement ("Agreement") regarding traffic signal improvements at the i ("Project"). S"), a Washington limited following development io of SR-18 and SR-161 WHEREAS, identified in the adopte f Federal Way located the construction of uildings and the . astructure ) Transportation Improvements with the p traffic impac mitigation meas eral Way City Code requirements, traffic impacts associated the's Public Works Department and mitigation is required, and A will be appropriately mitigated by implementation of the required 01 at SR 18 Intersection Improvements project (City Capitol project) is nsportation Improvement Plan (TIP); and WHEREAS, the City Capitol project increases capacity to the intersection by adding a westbound to northbound right-turn lane, a second northbound to eastbound right-turn lane, a third westbound to southbound left-turn lane; and WHEREAS, the City Capitol project includes roadway widening, curb, gutter, sidewalk, signal modifications, and drainage improvements; and WHEREAS, the Parties desire to minimize the impacts to the traveling public and surrounding businesses by reconstructing the traffic signal systcm at the intersection of SR-18 and SR-161 one time cooperatively rathcr than two times separately; and WHEREAS, the Parties desire to reduce the amount of traffic signal outage time, which also reduces the need for manual traffic control by police officers; and WHEREAS, reconstructing the traffic signal at one time will allow [or a simplified design and construction project for both Parties and will accelerate the timing of the signal system upgrade, thus providing a more etllcient level of service at the intersection; NOW THEREFORE, in consideration of the mutual pro is hereby covenanted and agreed by and between the Parties heret 1. Location and Project Description. The improvements at the intersection of SR-I 8 and Development Plan, attached hereto as Exhibit A an "Development Plan"). of traffic signal . ~ed in the . e "Plan" or 2. Development Agreement. 1be A eement is authorize FWCC 22-1660 through 22-1680. It addre statute to include, for example, impact fees, other appropriate development requirements. I as to the type of Project that will be built, development regulations to w' he Project will)'. CW 36.708.170 through .210 and dards, which are defined in the view procedures, and any ity and OPUS with certainty hat will be provided, and the 4. 1- xpand its traffic signal improvement at the Intersection from al i rovements ("Base Improvements") as described in Exhibit B, incorporated herein by this reference to comprehensively upgrade the al system to include the expanded traffic signal improvements vements") as described in Exhibit C, attached hereto and incorporated eference. 4.2 OPUS luntarily agrees to submit for the City's review and approval construction costs for both the Base and Expanded Improvements ("Costs") by July 8, 2005. Once approved, Costs will be attached as Exhibit D and incorporated herein by this reference. 4.3 OPUS voluntarily agrees to order the necessary poles and equipment for the Expanded Improvements by July 29, 2005. 1 RCW 36.70B.1 70(Jl. 2 4.4 OPUS voluntarily agrees to complete construction of the Expanded Improvements by December 20, 2005. 5. City's Responsibilities. 5.1 The City agrees to accelerate the design of the Expanded Improvement at the Intersection to coincide with the OPUS construction schedule for OPUS' Federal Way Crossings development project. 6. 5.2 The City agrees to obtain the necessary approvals for channelization plans from WSDOT for the Intersectio f t signal and associated 5.3 The City agrees to reimburse OPUS for the differe < the Base and Expanded Improvements as a Exhibit D. asonable costs between d attached hereto as 5.4 The City agrees to allow OPUS to d until the issuance of a certificate of occup that the funds may be used to cover the Expanded Improvements. o-rata share 5.5 Upon completion of the Exp in costs between the Base and towards OPUS' share of the offs ees to credit the difference OPUS has paid as payment ton. 5.6 ocesscs. The Expanded Improvements will be subject to all he final design of the improvements, including location of uring that process and must be consistent with the approved 6.2 The City may, at any time, order changes to the Expanded lued at up to 10% of the Costs. OPUS agrees to fully perform any such dditions to the Expanded Improvements. All such change orders shall bc of the Improvement Change Order Agreement attached hereto as Exhibit E, which all be signed by both opus and the City, shall specifically state the change to the Expanded Improvements, the completion date for the changes, and any increase or decrease in the compensation to be paid to OPUS as a result of such change. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. 7. Approval of Costs and Final Accounting. Payment or credit will be made by the City only after Improvements have been completed, and an invoice received by the City and approved by the Dircctor of Public Works. Any disagreement with regard to approval of costs and final accounting shall be resolved pursuant to Section 9.9, Dispute Resolution. 3 8. Waiver and Mutual Release of Claims of Invalidity. The City and OPUS acknowledge and represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, OPUS and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both parties. 9. General Provisions. 9.1 Binding on Successors. 9.1.1 The Agreement shall bind and inure to successors in interest, and may be assigned to a property. of the Parties and their interest to the Project 9.2 d interpreted in accordance y action to enforce the terms of 9.3 eement are separate and severable. The invalidity . . 'on, section, or portion or the invalidity ofthe mstance, shall not affect the validity of the validity of its application to other persons or , S each represents and warrants to the other that it has the rity, and is duly authorized, to execute and deliver this t the rsons signing on its behalf are duly authorized to do so. OPUS and warrants that it is the fee owner of the Property, that it has to the covenants and provisions contained herein, and that there are no tities, or parties with any fee interest in the Property. 9.5 This Agreement may be modified only by written instrument authorized by ouncil and duly executed by the City Manager and OPUS. 9.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 9.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 4 9.8 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The Parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by OPUS, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement. No party shall be in default under this Agreement unless it has failed to perform its duties or obi' s under this Agreement for a period of thirty (30) days after written notice of lt m the other party. A notice of default shall specify the nature of the aIle It and the manner in which the default may be cured. If the nature of the def: at it cannot be reasonably cured within thirty (30) days, then a party sh 11 in default if the party commences a cure within thirty (30) days a pursues completion of the cure. 9.9 e parties arisin ason of this \,shall first be eferred to the y parties to have oversight over the representatives shall meet within aid meeting, and the parties shall . the dispute. In the event procedure set forth, then the rre 0 mediation. The parties shall resolving their differences. Any e borne ally by the parties. If either party is ediation, that party may then pursue any available the party seeking judicial redress does not , it shall pay the other party's reasonable legal IOn. action brought to enforce this Agreement or for damages e , the prevailing party as determined by the court, shall be ble attorneys' fees. hing in this Agreement shall be construed to diminish, restrict or limit of the City granted by the Washington State Constitution or by general ment is an exercise of the City's police powers, the authority granted . 708. 1 70-.2 I 0, and other laws. 9.12 Third rties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. 9.13 Performance. Time is of the essence ofthis Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the OPUS' performance of this Agreement. 5 IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, a Washington municipal corporation OPUS NORTHWEST, LLC, a Washington limited liability company BY: BY: David H. Moseley, City Manager Date: Date: ATTEST: This _ day of __._ . ,2005. N. Christine Green, CMC Federal Way City Clerk Approved as to Form for City of Federal Way: City Attorney, Patricia A. Richardson of OPUS No foregoing ins corporation, for execute said instru me, the undersigned, a Notary Public in and for the State to me known to be the of gton b ited liability company, the entity that executed the within and edged said instrument to be the free and voluntary act and deed of said oses therein mentioned, and on oath stated that he/she is authorized to of said corporation. d and official seal this _ day of ,2004. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: K:\Public W orks\OPUS\OPUS Development Agreement. 7.14.05 6 uJ W-' -,:::J 00 - '" :>::>: "'0 >", >- ;z ~Q Wl;: ~ill )!1 w ..W '" "- ! I : : ~ ~ ~ :: :;;; ... 3 J '" III I,) 0 ~ . . E-< Z ~ ~ ~ ec.? < :E-< ~Z "'r"'l "'~ ~~ JO H ~ r"'l ~ o E-< , ~2:~~ I 1J, ~ ;;;,~I;.-n-ml;' Z ~ i j' S Z. -=::' j. ':: ~ ~ .~! ;' 4>> ~. ~ I: I ~ ~ ~ UJ I; i ' ~ -< p::V 'n ; ". o O. .""~,I,- I ~ rj n::: ~,':'I:., ~ .... >- . ('.. E-< I'olZ 1 < ~,~ U N o ~ J- Qp ! i I I 1 I ! i~~~: ~~~; ~1I:l ......~:i'i ~"'g!,l II: ~;; g ~ ~ ~ i ~ ~ r ~ ~~ i@ ! i ~! ~ i ~i I! ~ i g ~!! :~ ~~ ; ~ ; ~ i ~ I i;~ ~~ g ~ ~ ~ i ~ ~ o~~ i~ i! ~ ~ i · f ~~~ ~~ Ii! i I ~ ~ ~~~ ~i ~ ~ ! ~ i i I !~~ ii ~ ~ < f ~ ~ , ~g~ ~~ 0 ~ ~ ~ ~ ~. ~ ~~~ i a~ I i~ i i ~ i~ S hi ~ ~i ~ b I i i~ ~i ~ !~Il HU ~ ~; ~ ! !g Ii ~ ~2~ ~ "- '" i5 ~ " iil g~" ......hi~-~ M",l'_~ \,;,"fl o ~~"i:l M,,< ~ ~~ II .."",,":::.> ~"'~ ~ Qi5. ~ ~ 9' ~ -.c: 0 '" ~ Uh~~ I~ " " ~~~i"'~~iP ~ ~ j 8 L h~ :: ~ ~ <Joo8op iJ ~ ' 0 '" if; ~ 5 ~ 11:: '" il=:;;w ~ ~~~r' "J ~ I H id ~ i ; a" ~~ i n .. g ~ H~ ~ Pig ~ p ~ ~~ liq ~ ::< ~ '" r u w ~~ 11. f ~ ..... @~9'B!iI I ~ t ~ .g : ;:" :L..".,..: I t-- i!u --, ~~ l J~ ~~~ I~i Bih 1i~ n lfu~ ~~ _u"t=":i ~( ~ b::--.".:""'..,. . . ._",=~.,=...'-::' .........' ,. ~_...,,'-~.O___".,'_.." 4 :00-- L9L HS ~-----------~------- - - - - ~ - - - - ,-:;,.:;-: '.......~........ ~.,-. "'--"'""..-:-:,.- .~:...~~~p.~ I , , ,,;:.:";,',;~ .',,'!-","" , 1: ,~1 I 4'1) , ! \. i , I t; ,. r ! I) 1 L) ., ,: :i - - ~ t.. - -" -. -~,. - --~ ~ ~~ ~ ~ ~w~ ~~ W w 00 ~ ~ ~ ~~ h~~:,,~ " i'; j',,:'i ~~ z ~~ 0 ~~ t II ~: Il ~ o '" " ~ ~ ~ '$I l5 ~ ~ ~ It ~ci " o z ~~ ;; ;, ~ ~ ~ -::i. z o in . t >- 8 !Z~ g ~ i l!! lV l"C " 6& ~ ~J ~ ,. ~ .1 :I :! - il J: ~ :E Ii !:t ii .. :. U f; 5 ;i 'I ;~I Ii p ;1. ~:~ ~ .10 ~ ~ ~ ~ <1 :! " ~ dp : ;j w : * ~ d -,~---,~ --.::- ~'~ ...._~ .'._,~---'.~'~-' b:==-~_ --~. ----. "::..=....,,,. -. .____. ~~-==~=--..'----,--~~===1~..."--~~ r-o Z ~ ~ ril -~ Ie.:> << ~E-i ~z E9~ ~f 'r~' 0 .'-H ~ ~ Q o E-< ii ,~ p: i:; i;< i! I", ;w . .' 1I1~~, 1 ~ s s s i i 11 < j ~ ~ ; ! ;;j .!! .i I . . - l 11 II lli1l ;:i i lun I . ~" J j iJ I J H _& - p~HH ~'r - - - _ n ~ UH-- - -- - - ~ n OJ ~li~ n - _n. N_ ~ OJ ~Hl>l n - ~~. N~ ~ co ~. 1 ~i!l.<~ \II,.. NN ...UlIohN - ~ i"]t')N~ :t"". ~i!:l - - - - ~ N N ....< - ;j ~Il'l - - - -- N ... i W fi !~~ t' - - - ~ _N N N _ ~ ~; ~ ~ fi l!i ~ llUIU "s t:< ~~ .ll ; il~ir ~ Ul ~ ~ ~ M ;;_~ h~~ fi ~ ). "lIiil~~t..;t.,,;~~- ~~;n~~-;;: i";I~ I ~h OJ IIJlI)fn W ~ ~ 1HH .. ~ ' ~ '~ 1. (!~"\<!Oo""!lN!l .:;....~.~~~..ml':=1" I. - <I> Z ." i 1~~III!e ~ ~O~. :> o '" " i i I I I H i -~ II :!l, ~ ~ Ii I! l ~ t I. ~! Ii :! ~ ~ ~~ d ,~. ~ ~t CQ) ~ ~~~e ~ ~g ~~~8 ~ ~.il~ 8 . .. Q'<' ... ... .. ,.. .. ... :;; ~ .. ~e z ~e :II: ... ... :.e ... '"' i " ~ U :.- IE ... ... I~~~;h (:) :!!! @ .. ~ .., ... ... z o ..... t) ~ ~ ~ ~ E-l ~ Z ~~~ ~<~ o 0 Z H 9 ~ E-< r.:l < Q u '0 H 2 o w~ ~2 0 ~ ~[ ~~ ~;< ~ i ~~ ~~ t;~ ~ ~ l ~i 5~ ~w 2 ~ i i i~ ~~ ~i ! a f 10' -~ ~~ oIw - ~ I ~ ;8".~ ~~ ~~ ~ ~ ~ ~ ~~~ ~w ~. 0 !il I :J tI::Z~ wt;. .02 0 ~ 5 ~i~~ ~~ ti ~ s' t ~ ~ ~8 ~.... g ~ ~ ~ a w ~c ~2 ~ ~ G 8 i~i ~~ ~~ ~ 9 i ~ ~I~ i~ g~ ~ ~ ~ g g ~ w~ ~o ~ i ~ ~ ~~~ ~~ ~~ 1 s: I- v."o ~tE: ~IL - ~ ~~~ o~~ ~~ ~ ~ ~ ~ ~ ~ ~~w ~~ ! 5. I ui~ oa~.~ a ~ ~ ~ ~~~ ~~~ ~g ~ ~ ~ ~ t~~ g~~ Ii G ~ ~~ ~ ,~w ~~~ o~ ~ ~ ~~ ~ teE foe ~z ~ ~ ~g f ~~~ ~~~ i~ ~ e ~~ ~ ~~~ g if ~~ 5 ~ t~ i ;w~ ~!~ 9~ F ~ i~ ~ 58~ ~~~ ~~~ ! M ~~ 5 ~51; :~! -~~ ~ t 18 5 ~~~ 1~: gw~ ~ ~ i~ ~ !~~ :~i ~3~ 8 ~ ~~ ~ ~~~ ~g~ b~2 ~ ~ ~~ u -~~ ~~u 2~~ < ~ ~~ ~ ~fi~ 9g~ ~~~ ~ - i z ~~5 w~~ ~OO~ ~ ~ ~~ = i~3 5~C oob~ ~ ~ x~ 0 w~ .o~ z~~ ~o ~ ~~ ~ ~~ ~~~ ~~~ 2 ~~ 0 ~~ 2~O 58w ~ i~ ~ ~I~ ~~~ ag! tJ ~ ~8 9 ~~~ ~~9 S~~ ~ '" ~ ~ < ~ .,; .; ~:i ~ ! i . ~ 5; ~ t;; ~il l~oJ ~;j i n~ ;1 i ! i ~; ~ ~ ~ ..I 0 ~~ f ~ II: - '" I" l!: i\ i 0 0 - ~ o lI~i l ~!l'i h~;1 ~~~ e~ ~ ~.. i ~ ~ l !' ~h g 9"1 <5. ~ ~~l\ "'9 :l; '" ~ z ",,, if 0 ~ ~l~ l:i ~8 ~~~ i ~~i ~~ "I ~ ~ ~?: g ~ ~ -~2 i; ,,(@ i..i i ~~~ 31 ~ ::" ~ ~ 0 C; u; ~ ~~~ Iii!! il~ f n~ ial i i i ~ i ~! ~ ~ ~n ~ ~ ~~I ~E5 &j ~l'J~ ~~~ ;t:: ~ If ~ '" ~ I ~ ~~cl ~ g ~i~ ~d; ~~~ !it; ~ ~ ~ ~ i ~ ~ ~ ::; is ~~~ ,,& ~i~ ~~~ ~ :;d ~i~ ~ ~ ~ 8 8 ~ g ~ "- 0 ~108 ~ e ~llo ~~t;: ~wo ~il!::\ ::'::\ l l.. ~ . I i i~i ~I I UI~ ~i~ g in ~n ~ ~ i ~ ~ I; i o'~ ~ !S".1i ! ~I"zl= p~ ~.. .lio~ ~f~ ~~ ~ ~. - -: ~,. 0 i'!Ei ~ ~):!~ ~~5~~ !_~~ 3~ :~~ :h~. ~ !l ~ ~:; i:; ~ ~_ l.", ~li ~ ~~~!i $ ~! 0 Ii......i F Z :2", ~ ~ &:~ r~ .... ;;~ ~ ~~~~ i 00 ~~oi ~~i ~~ ~~g U~ ~~ ~ ~ ~ o~ lj/.~ ~ ~ :;; rl~ l<~-~" o:l~l!:ll :l!l~ ,,~,,~g I;~~o:l;!" :: ~ ~:l: n;;: ~ ~ ~~ ~ 82i~ % ~ <~s:' -<4(~ ;;j{1- 1I..~(jj 0,"""0 'l{1II ~ "" ~ ~ ~.:% 0 ~ ~ !'i~ 5 ~~~ro ~o ~ ~~~~ i~o i~ ~~~ ~~~!~ ~ Ii ~ ~~ ~i g i ~ e ~l'; ~ ~.~8 ~ ~~i~ ~~i h ,J~ ~~ ~(@ ~ ~ f d l'~ ~ 0 ~ w ..~ ~ ~:::..;\l Ii! i!:~ ~i!:tt l!:~ ~~z E~~ ~~ l'J ~ r j!9 ~~ a ~ ~ . ~ ~ ~!i ~ o:~~~!:J ~i '" ~~g ~. ~5'f .I~~! ~~ ~ 6 II l'jll! l'j~ t: = ",,, J:;j ~ ~ ~>:'" ,. f,,!l<15 "Q~ ~3 ,,~2 G .j. f iI> ... _= m::: l'l _ l!:e; ~"' :'<1 0 ::: i'i Jil:'s-:''''.e o<~ I!' 'm. . 1; Il Ig .g ~ "sl;; _. ~, f i!!~;~ ~ ~ ~~o; ~l'J~ h ~i~ !l~~~' ~ I fi i ~ ~~ ~~ ; b . ~ ~ffi i~ i I~~~ ~ ~ j~~!!I~ ~~~ Ii ~~~ i~~ ~~ ~~ 8 ~ ~ ~~ ~~ g~ g ~~ ~ w ill 00 w "'~\I" Z 10' il' . ~ ~. ~Il ."11 Z~~ ~i l?iIl ~ r il -,; ~!l ~o 2 20 0 8 o~ II ~ =;1; I~ ~ ffl il~~ il! ~~ gl~~ ~;~ ~~ i~ i ~ ~ ~8 ~8 ~. I ~~ i i g: mIL. :r: r....~t=: ~~ ...J ~ ~l!;~O ...JB~ ~- '" ~-< ..... ~ ~ ...J< ~ -< II. <~ <"" ......- < -<Jr "'i t- .k~ ~~ a w~~~ j~ ~ g ~~f~ i~~ ~e il~~ j:~ ~~ ~~ ~ ~ ~s is i~ ~ ~~ ~ ~ g~ ~~ ! i~g~~ ~~! ~ ~ ~!i~ ~~3 t~ ~8~~ ~~~ ~~ I~~ ; i ~ ~~ ~8 i; ~ $~ S ~ ~; ~8 ~ ~~i!: ~ ~ g ~l'oJ5 n~ E3 i!:::;~~ i!:::;~ ~~. ~ ~ ~ ~ i!i~ i!:"; 't~ ~ l'J~ ~ ~ ~! ~. ~ E~i t; ~ ~ ~1;9 ~I"~ ~~ Bill Bi~ z~ 0 ~ ~ 2 ~~ B g:; Bg ~ i_ ~; ~~ ~ ~<g~ ~ ~ ~ 8~_~ 8~~ Ow ft~~ fI~ 8~ 8~ 8 f ~ l~ f r~ ~ [~~ _. B! v) to~;H"l 8~ S 6 - .; .; g -:; 0 e e e 0 8 e e 8El@@ @ @ @@ @@@ "~ ; i r ---.~~._-~~~--_._-,..,..- ,.,.,-".-^-~-,--,,-,..,,--_., F~.~,-.=~===r-~-~------ - --_=~~~r=--=:=r===--~_____ I & i ~ i, :;~ ~ ~"' 6 08 ~ l~ N c-. 5 ~ ~ 8 (/) ; ~ ~ ~ i:! ~ :; ~ iri o ~ ~ <n w o , z . --' >- ~ Qg~ WO ZO w<> ~::; >. ~ e cP a}1 :i h~ r. ~I ~ Ii :~ I: e P- 'i ~ ~ ,i ~ ,I ;i I' ill" la I~ il. !si ..J ..J X :! N 2: U ~ ~ :. ! ~ i il d~ f-o Z r"'l ~ ~ ~ ~0 << ~f-o ~Z =r"'l -oi~ :J:lp.. ~3 .~ r"'l ~ o E-< z o ~ E-< Z U < ~ ~ IJ:J ~ ~E-< ~ Z ~~~ )ooolz~ """<~ o 0 Z .....:l 8 ~ ~ f:S u o .....:l .'- c' , , R ~ a p~ - ~cf4 ~~i ~. A I i1 i II. ..... ~~ (-'J (<)..dil~ ~ _J t;!j40 r.FiJ ',,; I ~ I 'ifW." -, ',;;,...(" J ~~,t.~ ...... ___2_ e 0 i e I 0 ~ <5 ! <5 ii G a0 0 ~ j -~~l' ,l" ..--'..J,' d ge n :L__.,_ ...11< 1/.1 ". I i Ed :~ .:~ ~ i t..._ ..__ "1> !~~i~{D ~ 4 4 ~ ~",' :" .~ ~.-~~~::11 l' T r--p f::if;h-';i ' .. 11 (:.', I, .. $,,( ..- I, llll.f ~ J:~c~~~ =~ 4 4 i III! Ii f ~ ~ ~~ . n . ti ., + r I ~ii i I iJ 1 !iLi-~ .( -- , I Jr ;L, i ! i f;[r-----n--- .1._ -; .j, ~~, y ,,'2. .-:f.~. ! I . ,', ~" ,S(, , ",ll.1. P'HlI ::' '=~ ,1 l:!l.JLl .It' '"' r iB 'j !'P'j ~O" h,' ~ i "'''I "'i'l ,fll !91~~~~:~L'~=J__JI eel <Ii ~ " ~ i~ ~s eh .. 0 ~ 0 ... 'l!~ , 'l :; 8 j; .; ~ ~ 8 r>:: ~ :; ~ is '" z ~ i>' ~ } ~ '" i jilj; !Z ~ ~ g i ! I e CD &;f ~ Itti i ~ :I - ~ i e N p. :I: ~ U ~ C ~ :(1 i!j il. !:~ ~ ~ il! ! ~ 'i -;3~ E-t Z ~ ~ ~ <r)~ .0 ~< ~E-t '-IZ :Q~ =~ ~~ ;;a;JO ...:l ~ ~ ~ o E-< z o ~ z: U <; ~ ...:I' rf1 ~ ~ f-!' ~ Z' ~~~ ~<~ o 0 Z ...:I o ~ ~ ~ ~ ~ U o ...:l [ "f- -l:V '~ ~ ~ N I ..,-.. --j ~ ~WW~ ~ : N = 1 ~~~ -"r- ..,-. ----I ~- U==::r:-- --f- 1__ I I ~ ili ~ ~~ ~ h ~ / i >id U~~ i ~ ~ I ; I ~ ~d ~ -ii; ~ ~!U ~ ~ i ;J ~;:~ U~ ~i ;; ..........., ~~ ~ U ~ ~w .. .;>~~ .~ . !.II! ~. s. ..Il '! 1: Ii\ ~i ~ 3l! U;I ~i ~I~ IIB ~ ~ II~~ -. ~ ~ ~ n~... ~ ~ i"l' :.1..____ ".. a !;e i il g ~ .. l)i Ii! ~ -If - ~ :'; ~----= i~ ~t ~~ 8. '" " " .. ~ ..~ ~ " .. fl .., ~ " ~~ ~ '" ~ ~ .. x x on "! ~ ,;xx xx ~ g1 ~~a ~~2.. " Il" ~ h~1 -lil~I!lr ~ ..., ~ 2~~ ~H~ ;.. I iHlilF 1.1--- ~ I Gg ~+I~u~u ~ L_. ~ ~ ~b II Ii - si ; ~~ '" N is.;. i! ;O:(:,~ H , Q w iI_aao 00 ~t. "I" I" "I" lr rllH! H <( l?'- :r: U i ~ "oj ;1" W ~06 ~ lL;.,; :.1 ll: iI <( o :0 Z :.1:.1 i!: ill , ., (f). O! .. ...J ~ <( I :;) ;.;:;':.1:.1 (/)~! g;:;...", 1i <9:" 'Ii:; ~ ; ~,.. !"i: ~ !;i ill"" Ill. e; = :I:'':: l:l':r ij :I,;: lIll\ R O! ~ Ii :il ~c " II !Ill! !;i. ;;'J~~ B:;~"'9'~S !i[ ~'ii i~ hw - \:o~\:o =:i= '< _ ~ ;=..1= . ii~8 .: ~ xx mno-.......... ..... --l ~'1 ~ '" w=, l'! ~~ ~ ~ a ......eI ~ ::;;,r .2 ~~ ;; t;; l ~5 0.. ~8 z ~ ~" I ~ 'i ~ " a >- 3 8 ~ '" t;; o z o ~ ~ :> ~ ~ I! CU ,"0 :~ & af! r. A~ ""(( I 5 ..J .~ ..J .. - e J: B I ~ N . :I: ~ U ~ l! ~ ;(1 ;~I ~ ~i ;I.M ~ n ::'0 ;jg u !~ H g ~ i ~ il ~ ~ i ~. ~~ .. . i o ~ -Ii Us Ii II .o(~g;, ~~~=i ~"S~f ':l~~~~ fIe.... ~ ~ " 0 ~ Ii ~ B ;'0 .. ~ ~ '" ,. o " "l ~ 2 S l; ! ~ w :i:~ w ~g m of; H ;$ I , ~~ ~ ~! :/ M > ~ ~ ~: i g- ~" - ;t ~ 5 "' 1;;;; 3 ~~ i ~ ~ i to ~ . ~~ ~ ~~ q ~ ~~i5 ~ ~~ nS h . ~. ~ ~ ':l ~ ~~::' E~ ~ h ~ t ; ~ ~ 9 ~~ ~ ~~ a ~ ~ t" ~ ~ ~ ~ ::5 ~ t<:.... ~ ~" r~, (~0 e Ii 0 = ziH ~ o > S;.l;! " ~ ~ lU~j i 0 !:'l !'l ~H~~~ ~ ~ e....il!!..'1~ ~HU~ll'q'~ ..tl4llicjciw":dr.....:..., ~ z ~ ~ ~ ~ < E-i Z ~ ~ ~ o i-.:l ~ ~ t:l o E-i .~ ., ff), E-- Z ~ ~ ~ o ez::: p., ,. ~ - ~ ~ - ff), u - ~ ~ ~ H ~ ~ ~ ~ o z o -~ ~(J) ~CJ ;~ U~ ff),O ~o:: t:lu >- < S -l < 0:: W o W !oS (J) t-- Z W :E W > o 0:: D- :E c: I1l OgQjf;O <1It) :2 <11 E ~ >.... III .LJ ~u ,~ c: '- ~ 0 .8 ~ III ' :0:; I1l ;., O~aoo gD-E:oll ~ <1IE ~ e 0 ~.vgtifi OO'-a..l!l~ = D- E <11 .LJ & <110 c: III L ~~ n c: ~ ,g ~ 5 <11 00", z20TI <1I-l o c: III IJl .- c:- ~{io"5 ~~~~ <11 lD 0.. c: I1l 'C ro""C - iiiel1l"5 ~ .21 ~ ,~ <11 (J) LU 0.. 20 (ij "0 .s::;: ,- e I1l 0 ..c OJ <11 ,~ ~U5ILU ..... c: IJl .9 x -fi .::1.. 0 0 ... "0 c: lD ,~~ <:::J W -, 6 M r- :0:; Xo <11 ti o a.... elD >. TI ~ l- e o ..-,.... 'n ;:; <11 'l3 elDg;fl ~ t-- <11 OJ c: ~ .s.g x 5 E:!igg~ ~ ,Jl ~ J.J <11 OJ > 'C: d. - o '';::::; ~ "5 ~,~ &. ~ a:::W <11 c: .: 0 _ ~ 'if) "5 'E ~ 11 :::J X -lW <11 a. >. t-- <11 "0 D- OJ OJ c: c: ~;; 'x 'x Will W (J) < lD (j) . - 0 &z ~ N M v <0 ll'i .... Q;) .... .... ..., .... .... ('l C") .... g~~ ~~... "~Qlo:::~(j) UJ Ql .~ (I) Ql i5. 'x ~ 'x <: Ls' W-I-w........... ...,<0 ......00 "" - ~ Ql Ql Q. ~.= ('l ('l .... .... ai jij ::: "E III .r:. "0 c III ~ .... .~ 0) 2 '5 "0 c: 8 "0 <11 ro '0 o IJl IJl III (ij OJ .s -0 :::J -0 c: c ~ o .2 .f,; v..... v :g~E 0........ .... .... >.....m ~ ~O g c <> 5 iii.o..... v:;::::; m 0.....0.0 1'] .... .... gn.E'5 ~ vJ; ~ c..... ~ ' 0 B f;; v:;::::; 0 0 O....a.cv TI ..... ..... an.ECii ~ cv 0 c m ~~o <:;) ~ rJ) O!v .- ..... "to Iri .... fi U)<( coO) co ~ e: ~ ~ .2 <.Il ~ ..... .....0.0 16<0 ~ V~O~co<'\l 2.....0 .....~ CV--l ~ 0 0 ~ e: ~ .!l:! <.Il~ f-I ~ ~~60 """" ~cr5lTI ('O'J .... Z ~ ~ CV (l) < n. ~ ~ e: ~ m ~ """" 'C (ij "0 -5 rf1 en e: m ~ U CV OJ V tTI M .... ;; < """" 16U5I r.. n. .. ~ r.. S Z ~ cv- 5 ."Q~~ ~ ~ -'= OJ cv ~ C'II C'II co .... ~ f ~ ~U5I ~ ~ ~ 0 ~ ..... e: ...;j Q ~ g x .f,; ~ Z .~ 00 0 "Oe:(l) TI .... < <( :J ~ ~ --, Q e: ("") r.:l 0 5 0 :;:;;gcv f-I r.. g(l)~1'] 0 Zs:- ~ l- e: 0<( o ..-~ c- E=:5= :o::>xcvn '5 OOa.m........ ~N .... ~...J C (l) >..1i ~ ~ j;2~ ~ I- m Uw ~g'5 ~ 3:. 000 o -- :0::> X 5 "E ~W E.....oO m .!!! C (l) ~ -'= ~u.. rfx:J "0 u.. W--, 0 C m >-- CVO! ~ >e: iL;: !::: O:o::>~ 0 ;: ~ ~.~~ ~ .... U) ll::W 2 l- S 2 V C "0 W .!::: 0 -5 e: m-- 0 :2 e: <.Il 0 W ._ C m........ ~~ W "0 > cv 0 ...JW m ll:: u n. V 'g' g'~::::~::; g' 0 :2 a. t./) <.Il >. ~Q.. <.Il I- :;::::;:;::;;3:: CD 3:: .~ m 0 <l.I tJl tJl CD.~CD ~ CD CD = W '-'x::C: ::c: -x ~~ m "'5 tflw-...;......-...;...::- 0 n. W .... O! 2 C <( cv "0 a... - 0 .....<"'1 "to.o(()t- :J X ~z M Q30> U W c EXHIBIT D TO DEVELOPMENT AGREEMENT COSTS OF' BASE AND EXPANDED TRAFFIC SIGNAL IMPROVEMENTS TO BE PROVIDED EXHIBIT E TO DEVELOPMENT AGREEMENT IMI)ROVEMENT CHANGE ORDER AGREEMENT -...- CHANGE ORDER NUMBER PROJECT NUMBER EFFECTIVE DATE PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Agreement is 0 Unchanged 0 Increased 0 Decreased by Calendar Days. This Document shall become an Amendment to the Agreement and all provisions of the Agreement not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? DNa If"Yes" Will the Policies Be Extended? DNo DYes DYes COST CHANGE LUMP SUM: INCREASE $ UNIT PRICE: DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN nus CHANGE ITEM NO. ITEM QUANTITY UNIT UNIT PRICE ADD OR DELETE TOT At NET CONTRACT: INCREASE $ DECREASE $ ST A TEMENT: Payment for the above change in the Improvements will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S SIGNATURE DEPT. DIRECTORlMANAGER SIGNATURE DATE DEP ARTMENT RECAP TO DATE: ORIGfNAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER * ADJUSTMENTS I NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY PAY THIS ADJUSTED AMOUNT DEPARTMENT DIRECTOR'S SIGNATURE * Adjustments: ( )INCREASED ( . )DECREASED $ $---- $- $ $ $ $- $ CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 18, 2005 Land Use and Transportafon Committee David H. Mos ty Manager Rick Perez, P.E., Ity Traffic Engineer if? Status of Traffic Calming Efforts on 2rt Avenue SW POLlCY QUESTION: For information only. BACKGROUND: At the June 21, 200S, meeting of the City Council, staff was requested to provide an update on the status of the City's efforts to address speeding concerns on 21st Avenue SW north ofSW Dash Point Road in response to concerns expressed by residents. The first petition for traffic calming devices on 21 st Avenue SW was received in late 200 I. The street easily met the technical criteria for qualifying for the Neighborhood Traffic Safety (NTS) Program. A neighborhood meeting was held in early 2002 to develop a consensus for addressing the speeding problem. The proposal developed by those assembled consisted of the installation of all-way stop control on 21 st Avenue SWat both SW 304th Street and SW 30th Street, and two speed humps, one on 21 st Avenue SW between SW 30Sth Street and SW 306th Place, and one on 21 st Way SW between 19th Place SW and 21 st Avenue SW. Ballot results showed only the speed hump on 21 st Way SW passing. Based on past experience on 4th Avenue S near S 304lh Street, staff determined that one speed hump would not be effective in deterring speeding, so no propsal was forwarded to the Committee. The ballot results were contested due to an issue with the area being balloted. Due to the Council-adopted policy of including areas wherein the sole source of access would be affected by a traffic calming proposal, a large area was allowed to vote that would have had to either traverse a speed hump or an all-way stop intersection. This issue was brought to the Committee and Council in July 2002, which reaffirmed the balloting area policy. A second petition was received in 2003. Again, 21 st Avenue SW easily met the technical criteria for qualifying for the NTS Program. A neighborhood meeting was held in March 2004, wherein a majority of those assembled developed a proposal to install mini-roundabouts at the intersections of SW 30Sth Street and SW 30th Street, although a significant minority preferred the previous proposal of all-way stops and speed humps. Note that by not proposing any changes at SW 304th street, the balloting area previously contested was reduced significantly. Nonetheless, this ballot measure also failed. A third petition has now been received. Staff has determined that 21 st A venue SW continues to meet the technical criteria for qualifying for the NTS program. A neighborhood meeting has been tentatively scheduled for July 27th. Staff Recommendation: For information only.