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HomeMy WebLinkAboutAG 05-172 - LANDLLOYD DEVELOPMENT CO I DATE OUT: I TO: ~~1 ft &..3f6(.s DATE IN: f CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP I. ORIGINATING DEPT.IDIV: In u ) 2. ORIGINATING STAFF PERSON:~'riQ n ~e~ EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT D SECURITY DOCUMENT (E.G AGREEMENT & o MAINTENANCE/LABOR AGREEMENT PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o PUBLIC WORKS CONTRACT D CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G.,RFR RFP, RFQ) (LESS THAN $200,000) D CONTRACT AMENDMENT AG#: D PURCHASE AGREEMENT) ~CDBG (MATERIALS, SUPPLIES, EQUIPMENT) OTHER o REALESTAT~~ ~"" C6~~ \<.E-'. \YJ:>..tbc..... 5. PROJECT NAME ~xY\ pc-,..c- .k<::,. C~ ..()I, '\-\c;-n ") 6. NAME OF CONTRACTOR: l (\nc\Uffi-r ~ 1 c,pfY\J1Y\.;k c...o ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT D INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: I;;;lL1Q[ ~ COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITI.ESAND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES DNOIFYES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES DNO IF YES, $ PAID BY: D CONTRACTOR D Cn ]0. CONTRACT REVIEW INITIALIDATE APPROVED INITIALIDATEAPPROVED o PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT DLAW II. CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED INITIALIDATE APPROVED g'LAWDEPARTMENT QJIO/OS k..3 - 't>('CITYMANAGER " ~crn ~CITY CLERK I' Ch *SIGN COPY BACK TO OR'dR>l.\TRIC BI:PT. r?v.J'5 ASSIGNEDAG# 0<;;-/17.--- o PURCHASING: PLEASE CHARGE TO: COMMENTS 10/09/02 , FILE 05"-/1L . . . Retum Address: CONFORMED COPY ~."bL~g~i>~ --Po 'Box Cl,I";< 20051017000046 c...&"",.( LL~ (vA- "i,s,ol. g~q71Oi.. FEDERAL UAY AG 94 00 PAGE001 OF 031 . 10/17/2005 08:47 KING COUNTY, UA Plea" p.int d. typ' tnln.m,tton WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 2. 4 Reference Number(s) of Documents assigned or released: Additional reference #'5 on page_ of document ,._--~ ----- Additional names on page _ of document. Grant~e(s) (Last na~st, then first name and initials) L. ~A~ {I OXf'AO ~ ' ~. . 0 , Additional names on page ~_ of document. Legal description (abbreviated: i.e. lo~, block, plat or sectionCShiP, range) -.:-::t:M- S"'^--~~"'~ ~A4e.-v 6f:, +w. ,K.."..+ ~4... n.. L .~ ~-ti6V1 ~<-h, 0>Y..k...,llsf' cA.t/,yW ~~. <;""'sk"...c1- Additional! gal ison pag ~ofdocument. ~.\cH"""'{ ~.,.;>>-\ Assessor's Property Tax Parcel/Account Number o Assessor Tax # nol yet assjgned i3lZIU"I(~L~j:;21. \\)'\C\ \!Aj 31.7 IO'-IQI'61.; '-4 ~81.CClO\O) '~0CX>2\5 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording fOT an additional fee as provided in RCW 36.] 8.01 O. I understand that the recOTding processing requirements may cover up or otherwise obscure some part of the lext of the original document. ~.__. Signature of Requesting Party OR\ G\NAL I . . SETTI~EMENT AGREEMENT AND COVENANT REGARDING TRAFFIC IMPACTS LAND LLOYD DEVELOPMENT CO. PLANNED DEVELOPMENT MASTER PLAN THIS SETTLEMENT AGEEMENT AND COVENANT REGARDING TRAFFIC IMPACTS ("Covenant") is entered into this ~day of :DILCV>\W ,2003. The parties ("Parties") to this Covenant are the City of Federal Way, a municipal corporation of the State of Washington ("City"), and LandLloyd Development Co., a Washington corporation ("Property Owner"). RECITALS A. The Property Owner owns certain real property located within the City of Milton ("Milton") and more particularly described in Exhibit A attached hereto and incorporated by this reference ("Property"). B. The Property Owner has applied to Milton for approval of a six phase planned development master plan pursuant to Milton file numbers PD1~2001 and 200066.59 ("permit application"). C. The approximately 142 acre, six-phase master plan development is to be completed over a fifteen to twenty year period and is proposed to include 291,300 square feet of light industrial space, 162,000 square feet of flex space, 945,000 to 1,026,500 square feet of office space, and 284 dwelling units of multi-story retirement condominiums and medium density residential ("Project"). D. The Property Owner submitted an environmental checklist to Milton to determine if significant adverse impacts on the quality of the environment would result from the Project, as required by the State Environmental Policy Act ("SEPA"). E. As lead agency under SEPA, Milton has performed its environmental review of the permit application and issued a Mitigated Determination of Nonsignificance ("MDNS") for the Project on March 3,2003. The City filed an administrative appeal of the MDNS with Milton on April 3, 2003. F. Pursuant to the SEP A process, which requires notice to affected agencies, the City received copies of the environmental checklist, a traffic impact analysis ("TIA") prepared for the Project by Heath & Associates, Inc., dated August 2000, and other related information concerning the Project. G. The City has had an opportunity to review the Project, and other related information concerning the Project including the TIA, which contains assumptions and calculations regarding trip generation, trip distribution and assignment, level of service ("LOS") and Project generated traffic impacts. Lloyds Settlement Covenant Page 2 50397121.01 K/SAI202OJC1eall , . - . H. Based on its review, the City has determined that the Project would, without specific additional mitigation, result in significant adverse environmental impacts to City. transportation facilities, which include City street right.of-ways, intersections, and improvements within such right-of-ways ("transportation facilities") within the City. The City believes that these impacts will be exacerbated by Milton truck routing restrictions, which result in truck trips being directed onto City streets, rather than through Milton. L Based on the City's review of the TIA, the City has determined that the Property Owner must make legally binding commitments to (I) perform Project - specific traffic analysis when specific development is proposed; and (2) mitigate the specific, adverse traffic impacts on the City by the payment of impact fees, equitably distributing truck trips between Milton and the City, andlor providing for the construction of its proportionate share of the transportation facilities that are reasonably necessary to assure that the LOS of the City's transportation facilities is not reduced below the City's adopted LOS standard in effect at the time the specific development is proposed as a direct result of the Project. J. Both the City and the Property Owner wish to avoid uncertainty and consequent delay of the Milton SEPA environmental threshold determination and master plan approval processes concerning the Project and of any subsequent appeal process, and therefore have voluntarily entered into this Covenant. NOW, THEREFORE, the Parties covenant and agree as follows: 1. Phased Traffic Analvsis 1.1 Timing of TIA Submission. Within 3 days of submitting a permit application for the Project (unless exempt from SEPA) to Milton, the Property Owner shall provide a TIA analyzing the traffic impacts associated with that application and identifying measures to mitigate such impacts to the City. For purposes of this Agreement, the term "City" includes all areas currently within the corporate boundaries of the City of Federal Way as they exist at any time during the term of this Agreement, including areas annexed within the term covered by this Agreement. The TIA shall evaluate the specific traffic impacts of the proposed phase of the Project on transportation facilities within the City and the City's potential annexation area ("PAA") and identify measures to mitigate such impacts. The City's PAA is shown in Exhibit B. 1.2 Selection of Traffic Consultant. The Property Owner shall select a qualified traffic consultant to draft and revise each TIA. The Property Owner shall notify the City of its selection before TIA work is commenced. The City shall have the right to reject the use of that consultant within seven days of notification. The City shall not, however, unreasonably reject any consultant. Lloyds Settlement Covenant Page 3 50397121.01 K:/SAI20203Cleon . 1.3 TIA Contents. The design of each TIA shall be based on the City's Guidelines for the Preparation of Traffic Impact Analysis and TIA scoping document (as amended),' provided by the City identifying required study areas and shall include the following: 1.3.1 Trip generation, including truck traffic; 1.3.2 Trip distribution, including truck traffic; 1.3.3 Identification of impacts in the anticipated year of occupancy of that Phase based on the City's then current transportation improvement program and adopted LOS standard or other adopted means of measuring traffic impacts and determining the adequate performance of City transportation systems and facilities; 1.3.4 The TlA for the first phase shall show the cumulative impacts of development based on the City's 20 Year Capital Improvement Program; 1.3.5 Identification of measures to mitigate identified impacts, including but not limited to prorata financial contributions to impacted roadways, constructing improvements to reduce or eliminate identified impacts, modifYing the proposal to reduce or eliminate identified impacts, and/or payment of fees based on the City's Transportation Impact Fee ("TlF") which will be adopted consistent with Chapter 82.02 RCW, and which may be revised consistent with that Chapter. However, mitigation measures shall not include load limits designed to prevent project truck traffic from traveling to the north. If transportation impacts cause the level of performance of City transportation systems and facilities to fail (drop below the adopted minimum LOS), mitigation shall be required to ensure that the adopted LOS is maintained. If the LOS is below the adopted minimum LOS without the phase of the Project being reviewed in the TlA, then the mitigation shall return the LOS to the pre-project LOS. If the applicant constructs improvements beyond its obligation to mitigate, the applicant shall be allowed to enter into a latecomer's agreement to the extent permitted by law. 1.3.6 In determining the prorata share of the Project phase being reviewed, the TlA will use a fraction, the numerator of which is the number of p.m. peak hour trips generated by the Project phase in the year of occupancy at that phase and the denominator of which is the total number of trips at the year of occupancy within the Project phase. 1.3.7 All TlAs shall address the cumulative impacts of the Project and identify potential roadway and/or intersection improvements that may be needed to accommodate future traffic impacts. All TIA's , The current Guidelines for the Preparation of Traffic Impact Analysis (which include the scoping document form) are attached as Exhibit C for reference. Lloyds Settlement Covenant Page 4 50397121.01 K/SAI20203Ckan . shall supplement and refine the cumulative impacts analysis that is completed in any previous TIA. If, at application for a particular phase of development, the buildout year of the development is revised to extend beyond the 20-year horizon analyzed in the TIA for the first phase, the TlA for that phase shall addTess the cumulative impacts to the new horizon year. Each TlA thereafter shall supplement and refine the cumulative impacts analysis that is .completed in any previous TIA. 1.3.8 All TlAs shall identify the proposed routing of truck trips and shall identify routes that would accomplish an equitable distribution of truck trips between Milton and the City. 1.4 City Review and Approval of TIA. The City shall review the TIA within 45 days after submission by the Property Owner. If the Property Owner requests and the City agrees to conduct expedited review in less than 45 days, the Property Owner shall reimburse the City for additional expenses associated with such expedited review as reasonably determined by the City. If the TlA complies with Subsection 1.3, then the City shall approve the TIA. The City shall specify the mitigation measures within the City for identified impacts. Those measures, unless subject to arbitration pursuant to Section 7, shall become the binding mitigation for Project impacts to City transportation facilities. In the event the City identifies mitigation measures in the P AA still within King County jurisdiction, the parties shall work with King County to implement those mitigation measures. In the event the City's proposed mitigation measures are arbitrated, the mitigation measures required by the decision of the arbitrator shall become the binding mitigation for Project impacts to City transportation facilities. 1.5 City Disaooroval of TlA. TIA approval may be withheld if the TIA does not comply with Subsection 1.3. However, approval shall not be umeasonably withheld. If the TIA does not comply with Subsection 1.3, the City shall provide within 45 days ofTlA submittal a written summary of the deficiencies in the analysis and identified mitigation that must be rectified in order to comply with Subsection 1.3. The Property Owner shall re-submit a revised TIA within 15 days that adequately addresses the City's comments. The City shall review the TIA within 15 days. If the TIA adequately addresses the deficiencies identified by the City comments, then the City shall approve the TIA. If the TIA does not, the City shall review again as provided in this section, until it is approved. TIA approval shall not be umeasonably withheld. At the time of TIA approval, the City shall specify the mitigation conditions within the City for identified impacts that, unless subject to arbitration pursuant to Section 7, will become the binding mitigation of the Project. In the event the City identifies mitigation measures that must be made in the PAA still within Lloyds Settlement Covenant Page 5 50397]21.01 )USA120203Ckan King County jurisdiction, the parties shall work with King County to implement those mitigation measures. In the event the City's proposed mitigation measures are arbitrated, the mitigation measures required by the decision of the arbitrator shall become the binding mitigation for Project impacts to City transportation facilities. All mitigation shall be reasonably necessary to mitigate specific, adverse Project impacts. 1.6 Additional Time for TIA Review. Additional time for City review and Property Owner resubmission of the TIA may be agreed upon, in writing, by the Property Owner and City. 1.7 Bonding of Mitigation. Prior to permit issuance by Milton, the Property Owner shall provide by cash deposit, third party bond or other surety instrument, as approved by the City, reasonable security to assure that the mitigation obligations will be performed. The security shall not be released until the foregoing obligations, including any required improvements and/or payment, have been met. 1.8 Issuance of Certificate of Occupancy. Prior to issuance of a certificate of occupancy by Milton and prior to occupancy of any constructed phase of the Project, the Property Owner shall implement the binding Project mitigation. 2. Additional Truck Trip Mitil!:ation The Property Owner/applicant shall be required to construct improvements to 5th Avenue from the project entrance south to Porter Way necessary to accommodate truck traffic projected to be generated by the project at such time as (I) the cumulative truck traffic generated by the master plan is projected to exceed the "Year 2003 baseline truck traffic" by 10% (or 10 round~ trips) or (2) at such time as the City of Milton agrees to lift the current load restriction, whichever comes first. "Year 2003 baseline truck traffic" is I 00.03 round-trip truck trips per month generated by the Property Owner's!applicant's current use on the property as shown in Exhibit E (spreadsheet) and Exhibit F (documentation for baseline). Under no circumstances shall a certificate of occupancy be issued for any phase of the master plan that generates truck trips in excess of the 10% stated above until the improvements to 5'h Avenue are completed and approved by the City of Milton and the City of Milton lifts the current load restriction. Nothing in this condition/paragraph shall be construed as mandating the City of Milton to provide any funding for 5th Avenue improvements. Truck traffic impacts shall be fully mitigated and such mitigation fully installed prior to the opening of 5th A venue to truck traffic. The applicant may elect to construct improvements beyond its proportionate share in order to open 5th Avenue. In that event, the applicant shall be allowed to enter into a latecomer's agreement to the extent permitted by law. In addition to latecomer's agreements, the City of Milton shall cooperate with the applicant in arranging for other reimbursement, in seeking grants or other funding sources for the improvements, and in permitting construction ofthe required improvements. Lloyds Settlement Covenant Page 6 50397121.01 K/SA120203Cleall 3. Withdrawal of SEP A Appeal and Incorporation of Covenant into City of Milton MDNS and L10vds Master Plan 3.1 SEPA Appeal WithdrawaVlncorooration of Covenant into MDNS and Master Plan Conditions. The City agrees to withdraw its presently pending SEPA appeal if and when Milton (a) incorporates this Covenant into the Master Plan approval and SEP A determination as reqnired mitigation, and (b) incorporates the additional truck trip mitigation condition stated in Section 2 of this Agreement as a specific condition of the Master Plan. The Council's decision regarding the MDNS and the Master Plan will state that the Covenant is incorporated by reference and provides additional required traffic mitigation. In the event the Milton Council does not incorporate all terms of the Covenant, the Covenant remains valid and enforceable as between Lloyds and the City, and the City retains the right to appeal the Milton Council's determination regarding the Master Plan and SEP A appeal to Superior Court. In any event, the City also retains the right to appeal any future permit, decision, or SEP A determination made by Milton if traffic impacts have not been adequately analyzed and mitigated in compliance with the Covenant and with the conditions placed upon the Master Plan. 3.2 Notification. Should the MDNS or Master Plan approval be withdrawn, modified, or challenged in any way that could affect the terms or enforceability of the Covenant, the Property Owner shall notify the City of the modification, withdrawal or challenge of the MDNS or Master Plan in the manner specified in Subsection 8.8 of this Covenant. Such notice shall be provided within 24 hours by fascimile to the City Attorney and Public Works Director, and sent out by mail within 24 hours. The City shall have the right to appeal such action and/or bring other appropriate legal action. 4. Term, Termination The term of this Covenant shall commence upon the date it is incorporated by Milton's City Council into Milton's MDNS and Master Plan or, in the event the Milton City Council does not affect such incorporation, upon the date of signature, 'consistent with Subsection 3.1. The Covenant shall terminate only upon the completion of the Project and the completion of all covenants and conditions set forth herein to the City's satisfaction. At time of termination, the City and the Property Owner shall record and file a termination of this Covenant in the real property records of King County, Washington. 5. Indemnification The Property Owner agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, L10yds Settlement Covenant Page 7 5039712101 KISA120203Ckan actions and liabilities (including costs and all reasonable attorneys' fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Covenant except to the extent caused by the negligence of the City or the breach of this Covenant by the City its elected officials, officers, employees, agents, and/or volunteers. 6. Notification to City bv Owner of Permittinl? Activitv 6.1 The Property Owner shall notify the City of all Project permit applications submitted to Milton which generate traffic. The Property Owner shall also notify the City of all permit applications, including all applications to local, state, and federal agencies and any municipal body, which could impact City roadways, or which may require a consideration of traffic impacts. If a permit requires such notice to the City, the Property Owner also shall notify the City of the decision on such permit, as provided in Section 6.3. 6.2 "Permit" shall be broadly construed and includes, but is not limited to, any threshold determination under SEP A (or NEP A), building permit, land use decision, subdivision approval, rezone, master plan amendment or revision or approval, permit revisions, zoning code text amendment, comprehensive plan amendment, or any permit revisions or amendments, whether characterized as an administrative, legislative, or quasi-judicial permit or decision, which has not yet been reviewed by the City of Federal Way under the terms of this Agreement. 6.3 Notice of application shall be provided by the Property Owner within 3 days of the date of application submittal by facsimile to the City Attorney and Public Works Director, and also sent out by mail at the same time. Notice of any decision shall be provided by the Property Owner within 24 hours of the date of decision issuance by fascimile to the City Attorney and Public Works Director, and also sent out by mail at the same time, provided that, if the day following the issuance of the decision is a Saturday, Sunday, or holiday, the Notice shall be provided by the close of business on the next regular business day. In the event notice of a decision is received within 48 hours of the decision, the City shall raise no objection, but the Property Owner shall not object to extension of the applicable appeal period by 24 hours. Notification shall occur as specified in the Covenant in Subsection 8.8. 7. Arbitration 7.1 Arbitration. Any claim between the parties arising out of or related to the Covenant, including but not limited to the determination or performance of traffic impact analysis or traffic mitigation obligations under the Lloyds Settlement Covenant Page 8 50397]21.0] KiSAI20203C1e311 Covenant, shall be determined by arbitration. Arbitration proceedings shall be held in the City of Federal Way, or as otherwise agreed by the parties. The parties shall first; however, try to work out their differences and shall make a good faith effort to complete the relevant review processes established in the Covenant. 7.2 Selection of Arbitrator. There shall be one arbitrator, who shall be a lawyer with at least ten years experience practicing Washington land use law and/or serving as a land use hearing examiner. Each party shall submit a list of three proposed neutral arbitrators within seven days of the arbitration demand; if the parties do not select an arbitrator within five days, then within three days the responding party shall select the arbitrator from the list previously provided by the demanding party. If a party fails to comply timely in good faith with the selection process, any party may petition the presiding judge of the King County Superior Court to appoint the arbitrator. Any issue about whether a claim is covered by this arbitration clause, or regarding the validity of the arbitrator's selection, shall be determined by the arbitrator. 7.3 Arbitration Procedure/Attornevs' Fees. There shall be no substantive motions or discovery, except the arbitrator shall authorize such discovery and enter such prehearing orders as may be appropriate to ensure a fair private hearing, which shall be held within forty-five days of the demand; and concluded within four hours. These time limits are not jurisdictional. The arbitrator shall issue a decision within two weeks of the arbitration unless the parties mutually agree otherwise. The arbitrator shall apply substantive law and may award injunctive relief or any other remedy available from a judge. The arbitrator shall not have the power to award punitive damages but shall award attorneys fees and costs to the substantially prevailing party. The non~prevailing party shall pay the arbitrator's costs 8. General Provisions 8.1 Entire Covenant. This Covenant contains all of the Covenants of the Parties with respect to any matter covered or mentioned in this Covenant and no prior Covenants or understandings pertaining to any such matters shall be effective for any purpose. 8.2 Modification. No provision of this Covenant may be amended or modified except by written Covenant signed by the Parties. 8.3 Full Force and Effect. Any provision of this Covenant which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. L10yds Settlement Covenant Page 9 503971 2 1.0 I K:ISAI20203C1ean 8.4 Duration and Enforceabilitv. This Covenant and the conditions set forth shall constitute a Covenant running with the land until terminated as set forth in Section 4, burdening the Property and benefiting the City, and shall be binding upon Property Owner, its successors and assigns, including any property or lot owner claiming by or through Property Owner. 8.5 No Waiver. Failure of the Parties to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default. Failure of the Parties to declare one breach or default does not act as a waiver of the either Party's right to declare another breach or default. 8.6 Governing Law. This Covenant shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 8.7 Authoritv. Each individual executing this Covenant on behalf of the Parties represents and warrants that such individual is duly authorized to execute and deliver this Covenant on behalf of the Party for whom it is executing this Covenant. 8.8 Notices. Any notices required to be given by the Parties shall be delivered to the Parties at the addresses and fax nwnbers set forth in Exhibit D. When mailed notice is required, notice shall be deposited in the United States mail, postage prepaid, to the addresses set forth in Exhibit D. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. At the sender's option, if mailed notice is required, notice may be delivered personally instead. 8.9 Captions. The respective captions of the Sections of this Covenant are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Covenant. 8.10 Performance. Time is of the essence of this Covenant and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to performance under this Covenant. 8.11 Remedies Cumulative. Any remedies provided for under the terms of this Covenant are not intended to be exclusive, but shall be cwnulative with all other remedies availab]e to the Parties at law, in equity or by statute. 8.12 Compliance with Ethics Code. If a violation of the City's Ethics Reso]ution No. 91-54, as amended, occurs as a result of the formation L10yds Settlement Covenant Page 10 5039712101 KiSAI20203Clean and/or performance of this Covenant, this Covenant may be rendered null and void, at the City's option. 8.13 Counterparts. This Covenant may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Covenant. 8.14 Recording. This Covenant shall be recorded in the real property records of King County, Washington. 8.15 Venue. The venue for any dispute related to this Covenant shall be King County, Washington. DATED the day and year set forth above. \ STATE OF WASHINGTON COUNTY OF h AI (? ss. I certify that I know or have satisfactory evidence that David H. Moseley is the person who appeared before me. and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the City Manager of the City of Federal Way to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. - ~ D~",w"16-"~o' ?2F('!2:'U;iir~, (A luTe 0 otary) V. (J/r/(/5. T/4E" 64?..~eJ (Legibly Print or Stamp Name of Notary) ~iC in and for the state of Washington, residing at_ y appointment expires /1/ ;;/6 ,~ Lloyds Settlement Covenant Page I I 50397121.01 K:/SA12020JClean LANDLL9 ~/::;-'_.- A~' r. Robert Con LandLloyd D opment 34667 Pacific Highway S. Federal Way 98003 206~ 786~2162 STATE OF WASHINGTON SS. COUNTY OF I certify that I know or have satisfactory evidence t~ C. (J\.~... is the person who appeared before me, and said person acknowledged that said person signed is i stru ent, on oath stated that said person was authorized to execute the instrument and acknowledged it as the ., of LandLloyd Development Co.., a Washington corporation, to be the free an voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this :L dayOVor.......\).h"" ----~ ........',,',,\\\ '. _-~~'*'- _,,'II, ~~ " ." .. ~" (Legibly Print or St Name of Notary) .: ---- :1 ~ " ~Of ~l~ \'l~ Notary public in and for the state of Washington, residing at_ :....= ~ ~ / , ~ 18- ~ ~ My appointment expires 5-5 ':;)0:5 ~ \ ~i ~ I" _.... 'f'" ", .t'05~ -,-- ct : I, -t~ 11/11\\"............. ~ .: I. 0" ~ - "', W ....-- f\\..."","-............... Lloyds Settlement Covenant Page 12 50397121.01 K:/SAJ20203C1ean EXltlB!I..A TO SETTLEMENT COVENANT REGARDfNG TRAFFIC [MP ACTS (LAND LLOYD DEVELOPMENT CO PLANNED DEVELOPMENT MASTER PLAN) Milton PD Master Plan . Legal Description PARCEL A= THE SOUTHwfST QUARTER OF t~E SOUTHE4ST CUARTE~ ~NC THAT PO~TION OF THE NORTHEAST OUA~rfR OF THE $OUTH~eST Q~4RTE~ ANO THAT PORTI0~ o~ LOT z. ^L~ Of SE~TION 32~ TOWNSHIP 21 NC~TH, AANvE ~ ~AST. ~~~.. IN 1(1kG COUNT.,.. WASH!~GTO~. DESCRI'EO RS A WHD~E AS ~Dl~aWS; 8EG-INtHNG .&T THE SOUTHEAST C.ORNEll: OF 50.&.10 NORTHEJ.ST OUA.Rrf~ OF tHE sOUT~~eST QU~~TERi THE~CE NO~TH ~5etOO ~fSj ALONe tHE ElST ll~f OF .5tIq NOATHElSr QUARTER 134.'6 FEET To YHE SOUTHEAsttRLY KARGIN OF PRI~A~Y ST~TL H] GHW'" THO. 1 ISR-"; THENCE A~ONG SAID SOUTHE'STER~Y HA"GIN THE ~OLlOW1NG (OURSES, THENCE SOUTH 3,'03'3'- WEST 3)8.0' FEET; THENCE SOUTH S1'" 36' 3'" WEST 122.10 FEET: THENCE SOUTH 26.34'O~~ wEST 503.90 FEET; T~ENCE ~o~r~ 89.12.13- EAST 61).20 FEET; THENCE- SOUTH a-5S.00" Ea.ST !.~T.."lS FEET TO tHE SOUTH-LINE DP S.1D SOUTHWEST OU~RT(R OF THE SOOTHEAST OU~~TeR; TH(~CE NORTH 89.1Z.1S'''' EAST ALONe SA.ID SOUTH LINE.. lZ16.84 FEET TO THE EAST Ll~E OF $.(10 SOUTHWEST OUAJtTER OF THE SOUTHEA.ST OUI.Ic.TER-:T~ENCE NORtH O.47\5-b.... WEST ALONG SlID ~AST LINe. 1320.52 FEET To THE NORTH ~lNf OF SAID sovrHwE~T OUAATER OF tHE SOUTHEAST QVIR'E~, THENCE SOUTH B9.1~.4t~ WEST .-LONG S...IO- liOIltTH lINE,- 1308.l1 '~ET TO lHE POINT OF BECINNING; EXCt:PT TH'-'Y PO~TIO~ THE~EO~.CONVEYfO TO THE. TOWN O~- MIlTON 8Y. OEEO RECORDED UNOER AUOt'O~'~ FILE NO. 7911150e~J ANO W+ If! ~/~ Milton PO Master Plan ~ Legal Description PARCEL Br THAT 'ORTIDN OF THE SOUTHEAST QUA~TeR OF THE SooTHEAST QUARTER OF SECTION 52, 'OW~SHJp 21 ~O~TH. RA~GE 4 EAST. w."., I~ KI~G COUN1Yy WAS~INGTO~; LYJ~~ HO~THf~lT gF ~IGHT-DF-~AY OF PUGET SOUND RAilROAD. TOGETHER WITH AN EASEMENT fOR INGRESS, EGRESS AND UTI~ITIES O~E' A~O AC~OSS THE EAST 30 FEET Of THE ~tST HALF OF rHE NDRrHEIST QUARTER OF THE SOUTHEA.T QUARTER OF SAID SECTION 3Z. ~ t.11 .1YJ~ Milton PD Master Plan - Legal Description PMlCBI- C. BLOCKS I, 2, 3 AND 4 OF ST. 6EOllGE ~DIT ION .TO EAST TACOMA IN SOUTHEAST QUAJlTER Of SECTIof'U., TllIIRSHIP 21 IIORTII. RANGE. " EAST. ~,H.. N:CDRIlING TO THl' PLAT tHEREOF RECliRllEo IN VOLI}IIE 5 Of PLATS. ~AGE <<, RECORDS OF RING (tlUlITY. WASHINGTO~. I H ADD 111 ON THOSE 'URTlOIIS OF LOTS I THROUGH 11. IIICLUSIVE, AND LOTS JO THRUUIOl'l 0, INCLUSIVE. BlOCX 4. ST. GEORGE AllOITIIlH Tll EAST TAtOO. ACCOROING TO tHE PLAT THUEOF RECORllED IN YDLUIIE 5 or '!.ATS. PAGE 44. RECufUlS OF $AID COUlITY;TDGETHER IIlTH THOSE PORTiONS. If AAY. Of THE AllEY IN SAID BLOCK, AHD THOSE PDlllcNS. IF AAY. OF THE IItsTtRLY 5 FEET Of ITH AVENUE, EACH AS YACATEll BY ORoIIWlCE NO. 7ge OF THE TOWN or MILTtlN. THAT ATTACH To SAID lOTS BI DPERATlD!< OF LAII, AU lTlN. IIITHIII TIlE FOlLOWIKG DESCRIBED t....CT; BEGINNING AT A POINT OFPUSITE HIGHWAY ENGINEER'S STATION 1751+50 ON THE LE LIRE SURVEY OF STATE HIGHWAY RDUTE NO, 5. PIERCE COUNTY LiNI 10 deT SSH 1eO. S-A. AND S52.17'3D"[ Z7S FEET THl'REFROH; THENCE 552011'30"E AlDIIi lHE fORH[R RIQKT-DF-IIAY LINE OF SAID HIGHWAY 75 FEET; THENCE 536"12'00'11 AlONG SAID FDR/IER RlSllT.Df-VAT UHf 5,g.S FEET. "ORE oa LESS, TU ]HE ~Est;~~y LIRE Of S~ID BLOCK; THENCE NORTHERLT ^lONG SAID WESTERLT liNE BEIMG THE PREseNT ~IGHT-DF-V~T LINE OF SAID HIGIrWAY To) INTERSECT II LINE DRM/lI PAAALLEL WITH SAID LE LINE SURVEY Al<ll 5'1"17'30". Z75 fEET THtRfFROH; THENCE N37"4Z'3(}', ALONG SAID PARALLEL LINE BEING THE PRESEH1'RIGHT"Of-VAI t.1P!f {Jt s..._:p ~I~A";' '!O iHf ~OlJ:r ~ J.~til~HiftC. flJlI W 8JJ'( Milton PO Master Plan - Legal Description ?/;RCEL 0, lllACTS 1, Z, 3 AND 4. LITTU HOMES ^"OlTlON TO EAST TACIlAA ADDJTlON ElCEPT tHAT PORTION DEEDED TO THE STATE Of WASHJIiGTol'l PER -'VllITUR'S FlU NO. 504J194 AkD EltEPT ~T PORTIUN LYING ~T OF 1-5. KING COUNTY, ~HIHGTOH. IN AComON 1110SE PORTlUN3 Of LOTS J AIIl) 2. LITtlE IIllKES ~ITlON to EIST TACllIIA, ACCORD11/G TO TIVi PLAl IIltUIlF RECORDED IN YOl.~ 7 Of PLATS. 'AGE n, RECORDS Of SAID COUNTY, LYING WITHIH THE FOLLOWING DESCRJ8ED TRACT: BEGINNING AT A POINT OPPOSlTE ~IGHWAY ENGINEER'S STATION 1781+50 ON THE LE LItlE SURVEY OF SATE Hl&llWAY ROUTE Ili.l. 5. PIERCE COUNTY LIIiE TO JCT. SSH J<<l. 5-A, AIIl) SSZo17'3O'E 275 HET THER[FROI1: THENCE S52017'30"E ALONG YHE FORMER RIGHT-OF-NAY LINE OF SAID HIGHWAY 75 fEET: THENCE S35'12'00'1/ ALOHG SAID FORNER RIGtO-oF-NAY UIiE 559.8 FEEl, MOllE OR LESS, 10 TII!: WESTERLY LIKE OF IlLOCk 4. ST. GEORGE ADOnlUM TO EAST TACllIIA, ACcORDING TO THE PLAT THEREOF RECORDED IN YOLUIIE 5 Of PLATS. PAGE 44, REcORDS Of SAID COUNTY;" THE~E NORTHtRLY ALONG SAIO WESTERLY LINE, .EIKG THE PRESENT RIGHT-OF-WAY LINE OF SAID NIGHWAY TO IIITERSfCT A LIla OflAWH PARALLEL W!TN 5Mb LE LINE SURVEY AHD S5Z011'30"E Z7S FfET THEREYROH: THEIfC[ '<3704Z'30"E Al.O~S SAID PAAAl.LEL llKE BEING TIlE PRESEHT RIGHT-Of........Y UNE Of SAID HIGHlIAY 11) THE POINT OF BEGINNING. . i&-J r:t3fZ " RRf Milton PD Master Plan --- Legal Description Parcel E: The Northeast quarter of the Southeast quarter less the Northeast quarter of the Northeast quarter of the Southeast quarter less the roads of Section 32, Township 21, Range 4 Source: King County Assessor's Office r ~ _ _ t: ,. -~. :~__.- ......_a , . __an) .~ ~.. -~ . fARCEl...E i~ .. ~:.;...., ".~. .' . t 'AACa.^ t *~~ I .tf'-....__- " ...... '- ~ . ,. ~~. -:....., -----, ."... /~ ../ t /' . I 1- ~'" . ..... .. ..' . _"__'_ ,.4 ~-~' ,,-'- .I", do;Od MM R W Th & A . t I -Plenntng N01ToSc~l", hGGEM '''1''4 ss .. orpe ssocla es, nC.S.allleIAncllotag./Oenver :~~~~~'::"I.r OQ02.21 705 Second Avenue, Suite 710, Seattle, Washington 98104 (206) 624-6239 .econom.lcs EB .,. ~ Milton PO Master Plan ..""'"~, Millon, Washin ton ASSESSOR'S MAP , City of I Federal Way - Potential Annexation Area I Major Subarea Sou ndaries Legend: "., f&d6ral Way POlenlial Ano8:GlliotlAr&.a Major Subarea Boundaries OttlerAreas: ~lncorporal8dArBa f0ill UnirK:orporatedAlea Source: City 01 Federal Wab'e,G1S DivisiOll & O~mentolCommunity velo~enl Services. 8 A, ECONOft1w65l, Docember 1 ',. l.. r Scale: 6 1t2Mile I N I MapDaIJl:Sltltsmbaf,2003 Pleas\lNolB" Ci1yolfodeBlW~. llfimapiGilltBnoodlorU6B 3353n Fim W:t S a6a~r;r::taIR1Pro&8rdafiOll hd~ral War, A 9aW3 ONl _ boCityofhdofil.l (25S}661-4lJOO W""milk~nDwalT3flty WIffl.c:i.ladoraJ-vat_W<LlI6 al..tlli\{.3t',;U:a<;j_ ~ Fe"d"""w.,y ~po~...,..lOb....-.1 Map A-1 EXHIEH! B (In's POTEN11'\L ANNLXXEION AREA ---------- EX/mUl.e TO SETTLEMENT COVENANT REGARDING TRAFFIC IMPACTS (LAND LLOYD DEVELOPMENT CO PLANNED DEVELOPMENT MASTER PLAN) GUIDELINES FOR TIm PREPARATION OF TRANSPORTATION IMPACT ANALYSES Major new developments will require a TIA for building pCnTIllS on caUeelar and artelial streets and land use actions_ Key tCllns to be defined arc: Major new development: A development generating I Uor-more trips (entering and exiting) during any peak hour. Developments generating a number ofIrips larger than this threshold value shall have a TlA prepared to analyze impacts to the transportation system and identify appropnate mitigation measures. r mpact: Any intersection, including site acces.s driveways, in which the development generates 10 or more trips in anyone approach during any peak hour in the applicable horizon year shall bc defined as impacted. Horizon year: The future forecast year at which the future conditions without the proposed development are compared to future conditions with the proposed development. in order to detcnnine the impacts of the proposed deveJopment on levels of service and capacity. The horizon year for each phase of the developmenI shall be Ihe greatest extent ofthe conditions shown in Table I. TABLE I: DETERMINATION OF APPLICABLE HOmZON YEAR Revisions to Comprehensive Plan required 20 years AdditIOn or through Ira vel lanes 10 any artenal 10 years New or revised traffic signal 5 years None of the above o years --- - Appl""op.-iate mitigation measul""es: Any combination of street improvements or Transportation Dcmand l'v1anagement measures wl-uch reduce the number of trips generated by the development at an IInpactcd intersection bclo\v the impact threshold values in Table 2 or improve the level of service to E or better with a volume!capacity ratio less than 1_000 for signalized or all-way stop-controlled intersections or a volume/capacity ratio oflcss than 1.000 {IJr unsignalized intersections not controlled by an all-way stop. Levels of service arc defined by the current version ufthe Uigh~jl-'y CJPa~ity _~1~!!lJaI and arc shown in Table 3_ TABLE 2: IMPACT THRESHOLDS SiIe-GeneraIed Traffic Volume 10 vehicles per hour in both directions Minimum Signalized or All-Way Stop- E Lcvel 0 f ControJlcd Intersection Service Other Unsignalized Intersection None Maximum Volume/Capacity Ratio 1.000 (any movement) I TABLE 3: LEVELS OF SERVICE DEFINITIONS A < 10.0 < 10.0 B 10.0 - ] 5.0 10.0 - 20.0 C 15.0 - 25.0 20.0 - 35.0 D 25.0 - 35.0 35.0 - 55.0 E 35.0 - 50.0 55.0 - 80.0 F > 50.0 > 80.0 Source: 20QQ !J..!gh~~ MaJluaj Cily of Fedcral Way Revised 2i July 2'003 Guidelines for the Preparation ofTransportttion Impacl Analyses Page 1 CONTENTS Review and approval of Transportation Impact Analyses shall be subject to meeting the following criteria as applicable. The document shall be prepared under the direction of a Civil Engineer with experience in traffic engineering registered in the State of Washington, Final documents shall bear the seal of the responsible Engineer. The City will use a transportation model in order to provide reasonable fulure traffic volumes and trip assignments. The cost of model runs as required in order to supply data to the applicant as well as review of the TlA shall be borne by the applicant. A deposit towards these costs will be paid by the applicant at an introductory meeting with City staff Actual costs will be applied to the deposit. Costs beyond the deposit will be paid by the applicant upon approval ofthe development or withdrawal of the application. Model runs will generally cost approximately $100 per run. The following outline should be used in order to facilitate expedient review by the city. I. Inventory Existing and Proposed Land Use. A Existing Land Use. 1. Proposed Site's Land Use. 2. Proposed Site's Physical Location. 3. Proposed Site's Physical Characteristics. Design constraints to proposed development. B. Proposed Land Use. 1. Change in Land Use. 2. Other Developments Approved in Vicinity. City will provide' listing. II. Inventory Existing and Planned Transportation System. A Scope of Impact Analysis. Describe the location of new facilities and existing facilities impacted by increased traffic. Increased traffic is defined as 10 or more trips in both directions during any peak hour, all intersections created by driveways serving the site, local street segments used by the development to access the collector and arterial street network, and all intersections of collector City of Federal Way Revised 21 July 2003 Guidelines for the I~reparaljon of Transportation lmpact Analyses Page 3 and arterial streets. B. Existing Transportation System. All pertinent data in the City's possession will be supplied by the City. All other data required for the TIA shall be provided by the applicant. The TIA shall address the following: l. Street Network by Functional Classification. 2 Geometrics of Network and Intersections. 3. Traffic Control Locations. 4. Signal Timing and Signal System Operation. 5. Site Access Points. 6. Existing Right-of-Way. 7. Hourly Traffic Counts, less than 2 years old. 8. Turning Movement Counts, less than 2 years old, including peak hour factors, percentage oftrucks, numbers of buses stopping, and pedestrians. 9. Accident Data, last 3 calendar years. ]0. Identification of Safety Inadequacies, This is defined by any of the following conditions over a three-year period: a. A collision rate of more than 1.0 collisions per million entering vehicles at an intersection. b. A collision rate of more than] 0.0 collisions per million vehicle miles on a roadway segment. ]1. Transit Service. Existing and planned facilities. ]2. Bicycle Facilities. Existing and planned facilities. 13. Pedestrian Facilities. Existing and planned facilities. III. Forecast of Conditions Without Development. A. Selection of Horizon Year(s). The estimated year of completion of each phase of City of Federal Way Revised 21 .Iuly 200] Guidelines fOf the Preparation of Transportation bnpact Analyses Page 4 the developmeni shall be analyzed for capacity and level of service. In addition, the horizon year for each phase of the development shall be determined by the extent of mitigation measures as shown in Table 2 and described below. l. Plan revisions required. If required mitigation of transportation impacts for any phase of the development requires revisions to the most current, approved version of the Comprehensive Plan e.g. revised location or classification of collectors or arterials, conditions twenty years following the completion of that phase shall be forecast and analyzed. 2. Road\vay widening required. If required mitigation of transportation impacts for any phase of the development requires the addition of through traffic lanes to any roadway, conditions ten years following the completion of that phase shall be forecast and analyzed. 3. Signal revisions required. If required mitigation of transportation impacts for any phase of the development includes new or modified signalization, conditions five years following the completion of that phase shall be forecast and analyzed. 4. Minor or no improvements required. If required mitigation of transportation impacts for any phase of the development does not involve any of the improvements cited above, conditions at the time of completion of that phase shall be forecast and analyzed. B. Annual Growth Rate. When available, the City will supply volumes for forecast years from the City's transportation model. Otherwise, the applicant will develop forecasts extrapolated from modeled forecast years or historic volume data. C. Add Impacts of Adjacent Major Developments Pending and Approved. The City will supply copies of applicable Transportation Impact Analyses, if available. The applicant would not be required to develop any missing data. IV. Development-Related Traffic. A. IdentifY Critical Hours (hours oflargest impact) for analysis, in conjunction with City Staff. Any or all of these peak hours may apply. I. Morning Peak 2. Afternoon (School) Peak 3. Evening Peak City ofFederaJ Way Revised 21 Jllly 2003 Guidelines for the Preparation of Transportal ion lmpact Analyses Page 5 4. Saturday Peak 5 Sunday Peak B Calculate Trip Generation. Development proposals with multiple phases of construction shall include all phases of the development for the purpose of calculating trip generation. If only a portion if the subject land parcel is proposed for development, trip generation shall include the buildout ofthe remainder of the land parcel under current zoning, or if the proposal involves a zone change, the proposed zoning. The latest version oflTE=s Trip Generation shall be used as applicable. For land uses not listed in Trip Generation, studies of at least 3 sites for similar development in similar regions may be used upon approval by City Staff. Pass~by trips shall also be quantified, if applicable. No reduction will be given for diverted link trips without data supporting the revised assignment of those trips. C. Trip Distribution. If available, the City's transportation model shall be used. Otherwise, the applicant shall provide trip distribution data for approval by City staff. D. Modal Split. If available, the City's transportation model shall be used. Otherwise, the applicant shall provide modal split data for all modes for approval by City staff. E. Trip Assignment. If available, the City's transportation model shall be used. Otherwise, the applicant shall provide trip assignment data for approval by City staff. No movement shall have more trips assigned to it than capacity allows. V. Forecast of Conditions With Each Phase of Development A. Combine Non-Site Traffic and Site-Related Traffic 1. Morning Peak 2. Afternoon (School) Peak 3. Evening Peak 4. Saturday Peak 5. Sunday Peak B. Capacity and Level of Service Analysis. Highwav Capacity Manual procedures shall be used. Ideal saturation flow rates greater than] 900 vehicles per hour of green per lane should not be used unless otherwise measured in the project City of Fedcral Way Revise~ 11 .hlly 2003 Guidelines fOf the Preparation of Transportation Impact Analyses Page 6 VICImty. Signal timing used in capacity analysis of future year scenarios must have a cycle length no greater than 120 seconds, even though existing cOllditions may have cycle Icngths up to 150 seconds. Minimum phase lengths shall allow for adequate pedestrian crossing time at 4 seconds for walk and 4 feet per second for clearance (unless majority of pedestrians are elderly or children, in which case longer pedesIrian timing may be required), and be 15 seconds for protected left- Ium phases and 10 seconds for protected/pennissive left-turn phases. Peak hour factors for scenarios involving forecasts of 5 years or more should be based on the entire intersection, not individual approaches or movements, and use a default of 0.95 unless existing conditions have an intersection peak hOllr factor that is greater, in which case the existing value may he used. Arrival types at signalized intersections will be supplied by the City, if available from the City's TRANSYT- 7F or SYNCI IRO models. Queue lengths shall be calculated at the 95th percentile. All impacted inIersections as defined in ll.B shall be analyzed. C. Access Management Standards. City standards are summarized in Table 4. On sIaIc highways, the minimum spacing is 250 feet, or as shown in Table 4. I TABLE 4: ACCESS MANAGEMENT STANDARDS I I Raised 6 Only al signalized Only at 330 150 150 40% inlersectiOlls signalized intersections 2 Raised 4 330 330 330 150 150 30% 3 Two-Way 4 150 ]50* 150" 150* 150* 20% Left-Turn um, 4 Two-Way 2 ]50* 150" 150* 150* 150. 10'% left-Turn ,-"", . Accesses f~ Single Family Residences are exempted. .. Greater spacing may be requuired in order 10 minimize conflicts \.viltJ queued traffic to lhe 951b percentile queue lengili ... If the existing efficiency is less Iban the standard, new ~ revised signals may nut reduce the existing efficiency_ D Identify Safety-Related Constraints. VI. Mitigation Measures. A. Issues to be Considered: City of Federal Way Revised 21 .ltd)" 1003 Guidelines for the Preparation of Transportation Impacl Analyses Page? . I. Design Vehicle Requirements 2. New Facilities (all modes) 3. Geometric Modifications 4. Traffic Control Modifications 5. Timing of Implementation with Respect to Phases of Development 6. Sight Distance Requirements. If required by staff, intersection sight distance shall be analyzed in accordance with AASHTO for the site conditions using posted speed limits. B. Planned and Committed Improvements on Affected Transportation Network. Data will be supplied by the City. C On-Site Improvements. Improvements to streets abutting the development shall be in accordance with City ordinances and design standards. If frontage improvements would be required on a street where a City project is proposed in the City=s Six-Year Transportation Improvement Program (TIP), the applicant shall pay a share of that project based on the proportion of the frontage length to the length of frontage to be constructed by the project or, if the project is designed, the applicant shall pay a share of the project based on the design engineer=s cost estimate for facilities to be provided on the frontage. Otherwise, the applicant shall provide the frontage improvement based on the adopted Comprehensive Plan roadway section. D. Off-Site Improvements. All improvements shall meet current City standards. Developments impacting City projects as shown in the City~s current 6- Year Transportation Improvement Program by 10 or more peak hour trips shall either provide the project or pay a pro-rata share of the project, calculated as the number of new peak hour trips generated by the development divided by the estimated total peak hour traffic volume at the time that phase of the development is completed. If a project has been deemed to be fully funded by the Public Works Director, the pro-rata share will be calculated based on the design engineer=s current cost estimate and funding from federal and state grants. If frontage improvements are also provided on a TIP project, the cost of the frontage improvements provided by the development would be subtracted from the cost of the TIP project before calculating pro-rata share of mitigation for off-site improvements. City of Fedenl \Vay Revised 21 July 2003 Guidelines for the Preparation of T ransportarion Impact Analyses Page 8 ] Levels of Service. Signalized intersections and all-way stop controlled intersections shall have a level of service of E or better and a volume/capacity ratio less than 1.000 on allll1ovements. Other unsignalized intersections shall have a volume/capacity ratio less than 1.000 on all movements. 2. Local streets and collectors. The use oftraffic control devices to reduce impacts on residential streets should be negotiated with local neighborhood groups with the goal of reducing neighborhood infiltration of development-generated spillover traffic. 3. New or revised traffic signals. Signals proposed as mitigation shall meet at least one MUTCD warrant for signalization in the applicable horizon year. Minor street movements having an unsignalized level of service of A should not be included in meeting volume warrants. Warrant analysis for left-turn phasing shall be conducted for new or revised signals, using the mode recommended by the majority of the following procedures: LTAP, TRC 212 procedures, and Oregon Department of Transportation Traffic Signal Policy. Progression analysis using current versions of PASSER II and TRANS YT - 7F shall be provided for new or revised signals iflocated within one-half mile of signals existing or listed in the City's current Capital Improvement Program. 4. Turn lanes. a. Left-turn lanes. Guidelines from Highway Research Record 21 I should be used to analyze the need for left-turn lanes. Washington State Department of Transportation Design Manual Figur~ 910-6 may also be used. Generally, all signalized approaches should have left-turn lanes where left-turns are permitted on two-way streets. b. Right-turn lanes. Washington State Department of Transportation Design Manual Figure 9l0~IO should be used for right-turn lanes at unsignalized intersections, even on multi-lane approaches. Guidelines for Right-Turn Treatments at Signalized Intersections (lTE Journal, February 1995) should be used for warrants for right- turn lanes at signalized intersections. City staff will provide copies of these guidelines if requested. E. Internal (On-Site) Transportation System. All systems shall meet current City codes and design standards. Issues to be considered: City of Federal Way Revised 21 July 2003 Guidelines for the Preparation ofTnmsportalion Impact Analyses Page 9 . 1 Design Vehicle Requirements. Turning radii, vertical clearances, etc. 2. Facility Requirements (all modes) 3. Traffic Control Requirements. Signing, striping. 4. Driveway Design. Width, throat length. 5. Parking Requirements 6 Special Features F. Transportation Demand Management (TDM) Plans. When TDM plans aTe proposed as mitigation measures, the applicant may submit a report to Public Works Traffic Division to document the success ofthe TDM Plan one year after occupancy ofthe development. Upon approval, the applicant may be refunded any traffic mitigation fees collected for the development based on the percentage of reduction in vehicular trips, up to 20%. G. Analysis of Proposed Mitigation Measures. The greatest horizon years identified in IIll.A for each phase ofthe proposed development shall be analyzed. VII. Appendices A. Maps not contained in the body of the report. B. Count data used for analysis. C. LOS calculations (detailed summary sheet from HCS signalized OK). Software output must explicitly state all input and phase lengths used in analysis. The City will provide existing conditions available coded in SYNCHRO, ifrequested. D. Warrant worksheets fOT signals, all-way stops, protected turn phasing, right and left-turn lanes, intersection sight distance, etc. E. Signal progression analyses. All input and output. k:\traffic\tia guidelines.doc City of Federal Way Revised 21 July 2003 Guidelines for the PrcparatiOJl of Transportation Impact Analyses Page ]0 . EXHffiJT D TO SETTLEMENT COVENANT REGARDING TRAFFIC IIVfPACTS (LAND LLOYD DEVELOPMENT CO. PLANNED DEVELOPMENT MASTER PLAN) CONTACT INFORMATION FOR PURPOSES OF PROVIDING NOTICE TO THE CITY The City of Federal Way Public Works Director The City of FcderaI Way 33530 1st Way South P.O. Box 9718 Federal Way W A 98063-9718 253-661-4131 (Phone) 253-661-4129(Fax) Mr. Greg Fewins Deputy Director, Community Development Services The City of Federal Way 33530 1st Way South P.O. Box 9718 Federal Way W A 98063-9718 253-661-4108 (Phone) 253-661-4129 (Fax) Land Llovd Development Companv Mr. Robert Cooper Land Lloyds Development Company 34667 Pacific Highway S. 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