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Home My WebLink AboutLUTC PKT 02-26-2007 City of Federal Way Ci ty Council Land Use/Transportation Committee February 26, 2007 5:30 p.m. City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: February 5,2007 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Mirror Estates Preliminary Plat B. 2007 Commute Trip Reduction (CTR) Agreement Amendment C. 2007 Asphalt Overlay Project Bid Award Action 5 minlBarker Action 5 min/Perez Action 5 min/Salloum 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN . Committee Members Jack Dovey. Chair Eric Faison Dean McColgan City Staff Cary M. Roe, P.E.. Public Works Director Tina Piety, Administrative Assistant 253-835-2601 G:\LUTC\LUTC Agendas {lml Summaries 1007\OJ.26-07 LUTe Agenda.doc City of Federal Way City Council Land Use/Transportation Committee February 5, 2007 '5:30 pm City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey and Committee Member Dean McColgan, Committee Member Eric Faison was excused; Council Member Linda Kochmar and Council Member Jeanne Burbidge; City Manager Neal Beats; Public Works Director Cary Roe; 'Public Works Deputy Director Ken Miller; Surface Water Manager Paul Bucich; Solid Water/Recycling Coordinator Rob Van Orsow; Economic Development Director Patrick Doherty; Community Development Director Kathy McClung; Senior Planner Margaret Clark; City Attorney Patricia Richardson; Administrative Assistant II Tina Piety 1. CALL TO ORDER Chairman Dovey called the meeting to order at 5:32 p.m. 2. APPROVAL OF MINUTES The January 22,2007, minutes were approved. Moved: McColgan Seconded: Dovey Passed: Unanimously 3. PUBLIC COMMENT' None 4. BUSINESS ITEMS A. South 373'd Street Bridge Replacement and Stream Restoration Proiect - Bid Results & Request to Move Forward with WSDOT Paul Bucich provided the background information on this item. Council Member Kochmar asked why there was a better bid. Mr. Bucich replied that he is not sure, but it is not a street project, which are more expensive, Moved: McColgan Seconded: Dovey .Passed: Unanimously Committee PASSED Option 1 on to the February 20, 2007, City Council Consent Agenda for approval. B. Regional Solid Waste Planning - Governance Issues Ron Van Orsow provided the background information on this item. The report presents four primary issues and recommendations to help guide regional solid waste planning and policy. One issue is to determine how best to maintain an interlocal forum for providing policy input and ensuring city participation and input in the regional solid waste system early in the planning stages. The report recommends replacing the existing Solid Waste Interlocal Forum with the Metropolitan Solid Waste Management Advisory Committee (MSWMAC). A second issue is that no formal method for resolving disputes between one or more cities and the county is currently provided for. The report outlines several dispute resolution options. The third issue is that the 2001 Comprehensive Solid Waste Management Plan contains eight very broad financial policies. The report recommends four areas where more focused financial policies need to be'developed, The fourth issue concerned the positive and negative impacts to cities that host transfer stations. The report recommends continuing King County's mitigation efforts at host city transfer stations, while developing mitigation policies, and considering a host city fee. There was no discussion. Chairman Dovey is a member of the MSWMAC and questions, comments, and recommendations may be sent to him and/or Mr. Van Orsow, Staff will continue to provide updates on this issue. G:\LUTC\LUTC Agendas and Summaries 2007\02.05-07 LUTe MinUlesdoc Land Use/Transportation Committee Page 2 February 5, 2007 C. Amendment to the Sound Transit Agreement Patrick Doherty provided the background information on this item. This issue had been tabled at the last LUTC meeting (January 22,2007). Ms. Faaluaina Pritchard, Executive Director of the Koran Women's Association (KW A), Ms. Shirley Bekins, Senior Housing Developer at Common Ground, and Mr. Roger Tucker, Architect at Environmental Works, were on hand to give the Committee more information on the project as had been requested. They provided the Committee with a handout and delivered a presentation. KW A is over three decades old and is located in nine counties, with 600 employees. They have served Federal Way over 15 years (serving over 2000 people a month) and are currently renting office space in Federal Way, This project would give them owned office space, in addition to the planned senior citizen housing and child day care. The project will be primarily funding by HUD. Funding is competitive and the grant may be applied for once a year. They are seeking an amendment in order to provide ample time to obtain this grant. Ms, Pritchard commented that Sound Transit had expressed concerns over the timeline and asked KW A to seek this amendment from the city. They are currently in the feasibility stage and hope to have the funding by the end of this year. If the funding is secured, they will start construction next summer. Mr. Tucker commented that he sought review and input from Sound Transit and Patrick Doherty on the design. Parking will be semi-underground and will provide parking for the offices, day care, and residents. The current plan is four floors of senior housing with all except the manager's being one bedroom. Council Member McColgan stated if the time line states the project will be completed in 2009, why are you asking for two more years? Ms. Pritchard replied that because it is competitive, there is no guarantee they will receive the grant and Sound Transit suggested they ask the city for the amendment. Given their reputation, KW A thinks they will be given the grant. Council Member McColgan stated if KW A does not receive the grant this year, how often will you reapply? Ms. Bekins replied that if they do not,receive the grant, they can obtain the score from HUD that will give them an idea of any problems with the application and if they can be addressed. If they can address any problems, they will try a second time, but will not apply more than twice. Council Member McColgan commented that if the grant is not received until 2008, there is still time to compete the project under the current contract, so why amend it? Ms. Pritchard replied that Sound Transit researched this issue and taking into account that KW A is a non-profit organization, they want to give KW A as much time as possible to succeed. Council Member Kochmar asked wouldn't waiting until next year give KW A a better idea about whether you need an amendment or not. Ms. Pritchard commented that Sound Transit is asking this of them. Council Member Kochmar asked, are you saying Sound Transit is saying the city must accept the amendment in order for Sound Transit to accept the project? What happens if the city does not approve the amendment? Ms. Bekins replied that Sound Transit is concerned over the public funding nature of the project and the time line and they want to ensure KW A has sufficient time to obtain the funding. Chairman Dovey asked, are you saying if the city doesn't agree to the amendment, Sound Transit will not approve the project? Ms. Pritchard replied that she does not know for sure, Ms. Bekins commented that they are still in negotiations with Sound Transit; it is not a done deal. Chairman Dovey commented that the city needs to know what the real deal is before making a decision. Council Member McColgan agrees, Ms. Pritchard commented that if the city approves this amendment, it would show KW A that the city supports the organization and the project. Chairman Dovey asked where the operating capital will come from. Ms, Pritchard replied that BUD will supply operating capital for 40 years. Council Member McColgan commented that tonight is the first time the city has heard that Sound Transit will not approve the project if the amendment is not approved, and the city needs to know ifthis is true or not before we can make a decision. Chairman Dovey commented that the decision on the amendment does not have anything to do with the city's support or lack of support for KW A. This is a contractual decision that goes back to before the KW A project and the decision should not be based on emotions, Council Member McColgan commented that he does not feel the extra time is needed, but if Sound Transit has made approval of the amendment a condition of accepting the project, he needs to know if this is true before making a decision on the amendment. The Committee asked staff to ask Sound Transit if approval of the amendment is a contingency for approval of the project. It was decided to table this discussion to a future LUTC meeting, to be announced. G:\LUTC\LUTC Agendas and Summaries 2007\02-05-07 LUTe Minutes.doc Land Use/Transportation Committee Page 3 February 5, 2007 D. Planning Commission Work Program Kathy McClung provided the background information on this item. She provided the Committee with a revised staff report. Some items were added to the revised report, She suggested that staff return with a prioritized list and the Committee agreed. She informed the Committee that a number of the projects on the current Work Plan will be going to the Planning Commission in March. She also informed the Committee that the city has received three proposals for cottage housing and preliminary public meetings have been held on all three. The next step is for the applicants to revise their proposals based on comments at these meetings, Norma L. Blanchard, 31039 th Avenue SW - She commented that the junk cars ordinance is well written and works, but other regulations about junk should be rewritten, specifically concerning visual blight. The regulation should be stronger and people should be fined if they do not clean up their visual blight. She is also concerned with blackberry and ivy bushes that encroach from neighboring residents. She also gave the Committee a hard copy of her comments. Council Member McColgan agreed there are grey areas in the code related to junk that should be tightened up and asked how this issue would fit in the work plan. Chairman Dovey also agrees. This is a quality of life issue that should be addressed. He commented that not everyone defines junk the same way. He suggested the city research Tacoma's program. Council Member McColgan suggested that increasing the height of buildings in the Neighborhood Business zone be added to the work plan, Chairman Dovey would add increasing the height in the City Center beyond 200 feet. Ms. McClung responded that she will return with what is reasonable for the department to accomplish. Chairman Dovey asked about the staffing for the department. Ms. McClung replied that staffing is a concern: The city has 1 Y2 employees for long range planning. Council Member Burbidge asked if the retention of vegetation will include permanent and replacement trees. ' Ms. McClung replied that it will address all aspects. Council Member Burbidge expressed concern about the effect on surface water management by the lot coverage in residential zones of non-permeable surfaces such as sports courts, large homes, and garages. Is this issue addressed in the code? Ms. McClung replied that she will add this issue to the list. 5. ' FUTURE MEETING The next meeting will be announced. 6. ADJOURN The meeting adjourned at 6:51 p.m. , G:ILUTCILUTC Agendos and Summa,ies 2007102.05.07 LUTe Minutes,doc COUNCIL MEETING DATE: March 6, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MIRROR ESTATES PRELIMINARY PLAT ApPLICATION, FILE 05-100590-00-SU POLICY QUESTION: SHALL THE PROPOSED 27 -LOT M IRROR ESTATES PRELIMINARY PLA T APPLICATION BE APPROVED? COMMITTEE: LAND USE AND TRANSPORT A nON COMMITTEE (LUTC) MEETING DATE: February 26, 2007 CATEGORY: IZI Consent o City Council Business o Ordinance IZI Resolution o o Public Hearing Other ,~~'.,\_l!'!_!!!l'.Q~~!!Y-.:,!?~~,!3.~~~~Ij_~~,~or.~!,~~e::~, DEPT: Community Development ...............--..--.---.--.---..---------..---..-.---.------..--..--....--......-----..-.-..--.--..-. Attachments: Mirror Estates Hearing Examiner recommendation dated February 9,2007; Preliminary plat staffreport dated January 22, 2007, with exhibits including reduced scale preliminary plat map; and draft City Council Resolution for Mirror Estates Preliminary Plat. Refer to the 'Mirror Estates' binder located in City Council office for the full preliminary plat report. Options Considered: 1. Adopt the Hearing Examiner Recommendation and approve the Mirror Estates Preliminary Plat Resolution. 2. Reject the Hearing Examiner Recommendation. 3. City Council may adopt its own recommendations and approve the Mirror Estates Preliminary Plat Resolution. 4. City Council may adopt its own recommendations and disapprove the Mirror Estates Preliminary Plat Resolution. ....-.----...--.---........---..........--....---...........--------.--..".---..................-.............-..............-....................-------.-----------.--..-.--....---...............--.....-....----.--.--.----.....--... STAFF RECOMMENDATION: Council approval of the Mirror Estates Preliminary Plat resolution, based on the findings, conclusions, and recommendation of the Federal Way Hearing Examiner (Option #1): CITY MANAGER ApPROVAL: DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: "I move Option #1 to the Full City Council, for the March 5, 2007, City Council consent agenda. " Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move adoption of the Hearing Examiner recommendations and approval of the Mirror Estates Preliminary Plat Resolution, " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # Doc, 1.0, 3~737 Page - I CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com ~ CITY OF ~ Federal Way ,u.." Ii'" ,-" ',.." ll~ ,/ 'U), ~ l0 ':-<'1 j; ;! I :,' i: i , ,.' ~ tod.l iE ~ \w [E h:\, I 11,1 I I 1:/ FE B 1 2 2007 I d)) J~j City Clerks Office City 01 Federal Way February 9, 2007 J3 Civil PLLC Jerrit Jolma, P.E. 1375 NW Mall Street, Ste. 3 Issaquah, WA 98027 RE: PRELIMINARY PLAT OF MIRROR ESTATES FWHE#06-12 FW#05-100590-00-SU Dear Applicant: Enclosed please find the Report and Recommendation 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 Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) PRELIMINARY PLAT OF MIRROR ESTATES) ) ) FWHE# 06-12 FW# 05-1 00590-00-SU I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval pursuant to the Federal Way City Code (FWCC) Chapter 20, "Subdivisions" (FWCC Section 20-110, Division 6, "Preliminary Plat"). II. PROCEDURAL INFORMATION Hearing Date: Decision Date: January 30, 2007 February 9, 2007 At the hearing the following presented testimony and evidence: 1. Deb Barker, Senior Planner, City of Federal Way 2. Bob Johns, Attorney at Law, 1601 114th SE, #110, Bellevue, WA 98004 3. Linda Brockmann, 31611 - 11th Place SW, Federal Way, WA 98023 4. Jerrit Jolma, 1375 SW Mall Street, Issaquah, WA 98027 5. Mark Jacobs, 7731 8th Avenue SE, Bellevue, WA 98006 At the hearing the following exhibits were admitted as part of the official record of these , proceedings: 1. Staff Report with all attachments (Preliminary Plat) 2. Staff Report with all attachments (Wetland) 3. Power Point Presentation Page - 3 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings,' applicable policies and provisions in this matter and is hereby marked as Exhibit "1" with attachments and hereby incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a generally rectangular, 9.37 acre parcel of unimproved property abutting the west side of 8th Avenue SW between SW 312th Street and SW 320th Street in the Mirror Lake area of the City of Federal Way. The parcel abuts 8th Avenue SW for 194 feet and measures 1,285 feet in depth. A rectangular parcel not included in the plat and located at the northeast corner is abutted by the plat parcel on the south and west. Beyond said parcel, the width of the plat parcel expands to 328 feet. 5. The applicant requests preliminary plat approval to allow subdivision of the site into 27 single family residential lots having a minimum lot size of 7,204 square feet, a maximum lot size of 11,907 square feet, and an average lot size of 7,934 square feet. The preliminary plat map shows a large wetland/buffer tract (Tract A) located in the west-central portion of the plat and containing 2.1 acres. Said tract divides the plat into two sections connected by an eight foot wide, permeable, pedestrian path extending along the south property line of the plat parcel. A second tract (Tract B) containing 23,885 square feet will support the storm drainage detention and water quality facilities. Said tract abuts the southeast portion of Tract A and the south property line of the plat parcel. 6. The preliminary plat map shows the eastern portion of the plat improved with 15 single family residential lots accessed via a new cul-de-sac road extending east from 8th Avenue SW and terminating in the central portion of the plat. In addition, the applicant will construct 8th Place SW which currently terminates at both the north and south property lines across the plat parcel. Drivers on 8th Place SW will jog in an east/west direction on the internal cul-de~sac road known as 315th Place SW while traveling in a north/south direction. All lots in the eastern portion of the plat will access onto internal plat roads. Page - 4 7. The portion of the plat located west of Tract A will consist of 12 single family residential lots accessed via 11 th Place SW which presently terminates at the plat parcel's north and south property lines. The applicant will construct said road through the plat parcel and provide a traffic circle calming device in the center of the site. Two, 30 foot wide; shared driveway easements will provide access to four lots abutting the Tract A wetland area. 8. Single family residential homes abut the north, south, and west property lines and the east side of 8th Avenue SW opposite the plat parcel. The site and all abutting parcels are located within the High Density Residential designation of the Federal Comprehensive Plan and the Single Family Residential (RS-7.2) zone classification of the Federal Way City Code (FWCC). 9. Section 22-631 FWCC authorizes single family detached dwelling units as outright permitted uses in the RS 7.2 zone classification. Said section requires a minimum lot size of 7,200 square feet and structural setbacks of 20 feet front yard, five feet side yard, and five feet rear yard. Said section limits the height of structures to 30 feet above average building elevation and requires two parking spaces per dwelling unit. Maximum lot coverage cannot exceed 60%. All lot sizes exceed 7,200 square feet and each lot provides a building envelope sufficient to accommodate a reasonably sized, single family residential dwelling which can meet all setbacks. The proposed preliminary plat satisfies all bulk regulations of the RS 7.2 zone classification. 10. The City of Federal Way Responsible Official issued a Mitigated Determination of Nonsignificance (MONS) following review of the environmental impacts of the development pursuant to the State Environmental Policy Act (SEPA). The Responsible Official identified probable significant adverse environmental impacts and imposed mitigating measures which would either eliminate said impacts or reduce them below the "significant" level. No one filed an appeal of the threshold determination and therefore SEPA review is final and binding upon the preliminary plat. Mitigating measures imposed address the pedestrian trail, wetland creation, wetland buffer mitigation, and the creation of supplemental snags within permanent open space areas. Measures also encourage informational and educational programs and activities dealing with the protection of wildlife for future homeowners. A mitigating measure also requires a pro rata share contribution of $76,347 toward traffic improvement projects identified by the City. Page - 5 11. The 1973 King County Soil Survey Map identifies the site as containing AldelWood gravelly sandy loam characteristics to include moderately well drained soils, slow runoff, and slight erosion hazard. These soils are considered capable of supporting urban development. Topography rises from the wetland area near the center of the site to the east and west. However, the site has no steep slopes or other geologically hazardous areas. 12. According to a tree retention plan (Exhibit "A3") the site is moderately wooded with a mixture of conifer and broad leaf trees with red alder the dominant species. The site contains 73 trees which meet the definition of "significant tree", and development of the plat will require removal of 47 (64%) of such trees_ Twenty-six of such trees (35%) will remain within the wetland and buffer tract. Section 22-1568 FWCC allows removal of 75% of significant trees without requiring replacement. Even though the applicant proposes to remove 64% of significant trees and therefore does not trigger replacement trees, it will plant trees in the wetland and buffer, along road rights-of-way, and in the storm drainage facilities. Tree retention and replanting will ensure that plat development will not affect the appearance of the neighborhood. 13, The site is located within both the five and ten year contour areas associated with critical aquifer recharge and well head protection areas. The applicant submitted a hazardous material inventory statement dated June 7, 2006, which shows that the project will not result in regulated activities of hazardous materials. The storm drainage system will protect the water quality of both groundwater and surface water resources, and impacts and protections for the on-site wetlands are addressed in the Process IV application for wetland elimination and mitigation. 14, The applicant will design the stormwater drainage system in accordance with the standards set forth in the 1998 King County Surfacewater Design Manual and the City's amendments thereto, According to the applicant's Technical Information Report (TIR), the western three quarters of the site sheet flows directly into the large wetland located in the west-central portion of the site (Wetland B), and the eastern quarter of the site flows into Wetland A located at the northeast corner of the site which the applicant proposes to fill. Wetland A presently discharges through an existing, off-site, storm pipe to a detention pond north of Wetland B and then into Wetland B. The storm system will collect and direct stormwater presently flowing into Wetland A to Wetland B, thus, maintaining its hydrology. The storm drainage facility proposes a two cell wet pond/detention pond facility located in the 23,885 square foot Tract 8. The storm Page - 6 drainage system will also provide compensatory storage volume for the loss of Wetland A in the Wetland B creation area. 15. The applicant submitted a wildlife study report prepared by Chad Armour LLC dated July 31, 2006. The report identified a wetland habitat and hardwood forest habitat on the site, but noted that wildlife common to the area does not inhabit the site, but passes through the site to suitable habitat. Wildlife observed includes the pileated woodpecker, a priority species, but no wildlife species recognized as "priority" inhabit the site. The Washington State Department of Fish and Wildlife (DFW) Priority Habitat Report and Species Map has no record of threatened, endangered, or sensitive species of wildlife within 7,500 feet of the site. DFW also noted that the site does not meet the definition of a fish and wildlife habitat conservation area as set forth in Section 18-28 FWCC. However, 2.1 acres (23%) of the site will remain as conservation open space as compared with the FWCC minimum requirement of 15%. Preservation and expansion of Wetland B coupled with retention of significant trees throughout the tract will ensure that the site will continue to provide habitat opportunities. A SEPA mitigating measures requires the applicant to maintain the wetland and buffer tract to protect and enhance wildlife habitat to the maximum extent possible to include the creation of supplemental snags. 16. FWCC Chapter 20 entitled "Subdivisions" requires. dedication of land to provide adequate recreational opportunities or pay a fee in lieu of such dedication. The City P ARCS Department approved the applicant's proposal of a 1,174 foot long pedestrian trail linking the east and west portions of the plat along with a fee in lieu of payment for the balance of the open space requirement (1.38 acres). The trail corridor provides approximately 2.34% of the usable open space requirement. 17. Primary vehicular access to the eastern portion of the site will consist of an extension of 8th Place SW, and primary vehicular access to the western portion of the site will consist of the connection of 11th Place SW across the plat parcel. To comply with Section 20.151 FWCC which requires a maximum block perimeter length of 1,320 feet for non-motorized trips and 2,640 feet for streets, the applicant would need to construct an easUwest motorized connection. However, due to the presence of the large wetland which extends across the site, the City has agreed to the pedestrian trail as proposed. The applicant will construct all streets to City public standards and dedicate said rights-of-way to the City. Page - 7 18. In addition to the pedestrian trail connecting the two portions of the plat, the applicant will also install sidewalks on both sides of the internal plat roads. The homeowners association will own and maintain the portion of the pedestrian trail across Tract A, but the City will own and maintain the portion of the trail which crosses Tract B, the stormwater facility. 19. In accordance with FWCC 20-179, development of the preliminary plat must meet the approved preliminary clearing and grading plans, and vegetation will remain except that removed for infrastructure improvements or grading. The initial clearing and grading will affect 52% of the site and will include the filling of Wetlands A and C/O. 20. The applicant's preliminary landscape plan complies with FWCC Chapter 20 and includes the landscaping of the storm drainage facility and installation of street trees along public roads. 21. The Federal Way Sch()ol District has determined that school children residing in the plat will attend Lake Grove Elementary, Lakota Middle School, and Federal Way High School. All children will receive bus service for all schools and may walk via existing sidewalks and roadway shoulders to school bus stops. The applicant must also satisfy the City School Impact Fee Ordinance at building permit stage. 22. The Lakehaven Utility District will provide both domestic water and fire flow to the site as well as sanitary sewer service. 23. Prior to obtaining preliminary plat approval the applicant must show that the proposal satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: A. The proposed preliminary plat is consistent with the Federal Way Comprehensive Plan which designates the site as Single Family/High Density. The project satisfies all development regulations adopted to implement said designation. . B. The project complies with all applicable provisions of Chapter 20 FWCC including those adopted by reference from the comprehensive plan. Staff has conditioned the preliminary plat to comply with the provisions of Chapter 18 "Environment Policy", Chapter. 19 "Subdivisions", Chapter 20 "Zoning" and all other applicable codes and regulations. Page - 8 C. Assuming compliance with conditions of approval and City ordinances, the project will further with the public health, safety, and welfare. D. The project is consistent with the design criteria set forth in FWCC 20-2 including the effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and preservation of approximately 23% of the site as permanent open space. E. The project complies with all development standards set forth in Sections 20-151-157 and 20-158-187 FWCC. 24. Concerns raised at the hearing by neighbors included increased water problems as a result of the development based upon a development in 1990 which filled a wetland, and safety issues due to increased traffic. Neighbors requested "Stop" signs at uncontrolled intersections or other methods to slow traffic. Significant changes in stormwater and critical area requirements have occurred since 1990, and the proposed storm drainage system will release water downstream at its present discharge location at the predevelopment rate. The applicant conducted a downstream analysis for one quarter mile and determined that downstream facilities are adequate to conduct stormwater discharged from the plat. The applicant's traffic engineer and the City's traffic engineer both agree that "Stop" signs would increase speeds in the neighborhood for those roads where drivers need not stop. The engineers agree that uncontrolled intersections slow traffic. Both engineers also agree that the road connections will not provide pass through routes, but will provide alternative access for local residents. Finally, the City has no record of accidents occurring at any intersections in the area. However, the City will continue to monitor traffic in the area, and the Public Works Department can install traffic safety improvements if necessary. 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 designation of the Federal Way Comprehensive Plan and satisfies all bulk Page - 9 regulations of the RS 7.2 zone classification. 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, transit stops, potable water supplies, sanitary waste, schools and school grounds, parks and recreation, and safe walking conditions. 4. The proposed preliminary plat will serve the public use a,nd interest by providing an attractive infill development which will allow connection of City streets, thereby improving the grid system for the City, and also providing an enhanced Category III wetland. Therefore, the proposed preliminary plat should be approved subject to the following conditions: 1. Prior to the City's approval of engineering plans, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing tree preservation within the plat, all landscaping within plat boundaries, wetland mitigation planting approved by the Federal Way Hearing Examiner, restoration of the areas disturbed by installation of the storm drainage easement and pedestrian trial outside of tract A, visual screening of the tract B storm drainage tract, and street trees for review and approval by the Directors of Community Development, Public Works, and Parks, Recreational, and Cultural Services (PARCS). Prior to submittal to the City, the landscape plan shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations contained in the applicant's Wetland Determination and Mitigation Plan. Pursuant to FWCC Sections 22-1286(d)(2), 22-1243, 22- 1313(3), and 22-1358(e)(1), the City may require the applicant to pay for the services of a wetland biologist to review plans, provide recommendations, and conduct in inspections and/or monitoring on behalf of the City, as determined by the Community Development Director. 2. All on-site fencing associated with plat construction is subject to the City's final review and approval of design, location, and any screening. Fencing shall allow for the migration of small wildlife animals, where appropriate. Any chain link fencing, if approved by the City, shall be vinyl coated black or green and shall be screened with vegetation. 3. Prior to final plat approval, open rail fencing, appropriate vegetation, and appropriate signage shall be installed to separate the pedestrian trail and residential lots from wetland B setback. Page - 10 4. Rockeries and retaining walls associated with plat construction must reflect residential scale, design, and sensitivity of materials or treatment, including use of vegetation and/or terracing, where they are visible from adjacent residences or usable open space. 5. The final plat drawing shall dedicate all usable open space in an open space tract to be owned in common and maintained by property owners'of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City, Additional vegetation may be located in open space tracts to meet conditions as approved by the City. A note shall be included on the final plat map that the open space tract shall not be further subdivided, may not be developed with any buildings Or other structures except as may be , approved by the City for recreational purposes only for the benefit of the homeowners, and may not be used for financial gain. RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Mirror Estates be approved subject to the conditions contained in the conclusions above. DATED THIS 9th DAY OF February, 2007. ~a-- s11, K. CAUSSEA ,J. Hearing Examiner TRANSMITTED THIS 9th DAY OF February, 2007, to the following: APPLICANT: J3 Civil PLLC Jerrit Jolma, P.E. 1375 NW Mall Street, Ste. 3 Issaquah, WA 98027 Page - 11 OWNER: New Concept Homes Christine Balyeat P.O. Box 1229 Issaquah, WA 98027 OTHERS: Bob Johns 1601114thSE#110 Bellevue, WA 98004 Christine Balyeat 46809 SE 153rd. North Bend, WA 98045 Herbert Mall P.O. Box 1229 Issaquah, WA 98027 Gary Schulz 7700 S. Lake Ridge Drive. Seattle, WA 98178 Heather Balyeat P.O. Box 585 Issaquah, WA 98027 Wendy Easter 31601 8th Place SW Federal Way, WA 98023 Mark Jacobs 7731 8th Avenue S. Seattle, WA 98106 Chad Armour 6500 - 126th Avenue SE Bellevue, WA 98006 Linda Brockmann 31611 - 11th Place SW Federal Way, WA 98023 City of Federal Way c/o Laura Hathway P.O. Box 9718 Federal Way, WA 98063-9718 ~ CITY OF ~ Federal Way ~(Q)(P)W COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF MIRROR ESTATES Federal Way File No. 05-100590-00-SU PUBLIC HEARING January 30, 2007 Federal Way City Hall City Council Chambers 33325 8th Avenue South Table of Contents I. General Information,...... ........... ....................................... ..... .......... ........ ........... ..................... ...........1 II. Consulted Departments and Agencies............................. ..... ................ .............................................2 III. State Environmental Policy Act (SEP A) ..,.................. .............. ........ .......... ...... ............ ....................3 IV. Natural Environment.... ............. ........................................... ......................................................... ..... 4 V. Neighborhood Characteristics............ ....,......................... .......... ......................... ................ ...............8 VI. Preliminary Plat Design,.. ................ ..................... ......... .....'. ...., ... ..... ..... ........ .......,.... ...........,., .........8 VII. Transportation.............. ......... ..............................,...,..................... .............................,...~................. 11 VIII. Public Services.. ..... ...... ............ ..... ........................,................. ~................................,......... ..... ......... 11 IX. Utilities.,.......,. ... ..,., ...... ....... ........ ................,.....................,., ...... ... .... ............. ....... .... ..,......,.. ..... ......12 X. Analysis of Preliminary Plat Decisional Criteria............................................................................. 13 XI. Findings of Fact and Conclusion .....................................................................:...............................14 XII. Recommendations...........................................,.............,......,............,..............,............,...,.. ............ 17 XIII. List of Exhibits................. ........ ........., ............................................................,..........................,.... ..18 Report Prepared by: Deb Barker, Senior Planner January 23, 2007 Staff Report for the Public Hearing of January 30, 2007 Preliminary Plat of Mirror Estates File No: 05-100590-00-SU Engineer: 13 Civil, PLLC Jerrit Jolma, P.E. 1375 NW Mall Street, Suite 3 Issaquah, W A 98027 425-313-1078 Owner: New Concept Homes Christine Balyeat PO Box 1229 Issaquah, W A 98027 425-427-1714 Action Requested: The applicant is seeking preliminary plat approval pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions" (FWCC Section 20-110, Division 6, "Preliminary Plat"). Relevant Dates: Preliminary Plat Application Filed: February 9, 2005 Application Determined Complete: June 23, 2005 Notice of Application Published: June 29, 2005 SEPA Issued: October 7, 2006 Staff Representative: Deb Barker, Senior Planner, 253-835-2642 Staff Recommendation: Preliminary Plat Approval with Conditions I. PROJECT IN FORMA nON A. Decision Requested Preliminary Plat Approval- The preliminary plat application is subject to a public hearing by the Hearing Examiner, recommendation to the City Council, and decision by the City Council. An analysis of the applicable preliminary plat decisional criteria, findings, and recommendations is provided under Sections X, XI, and XII of this report. B. Description of the Project, Property and Vicinity 1. Description of the Proposed Subdivision - The applicant proposes to subdivide an approximate 9.37- acre parcel ofland into 27 residential single-family lots, The proposed preliminary plat map (Exhibit AI), along with preliminary grading and utility plan (Exhibit A2), tree retention plan prepared by 13 Civil PLLC (Exhibit A3), and a preliminary , 05-100590/00<,1.0, 39306 Page 1 Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner landscape plan prepared by GHA Landscape Architects (Exhibit A4) are enclosed. A large wetland with 50-foot buffers is located in the center ofthe property, and development would occur on both sides of the wetland buffer; with lots 1-15 on the east side of the project and 16-27 lots on the west side of the project. A pedestrian path would connect the two portions of the plat. 2. Property Description - The vacant 9.37-acre site is located in the central portion of the City, east of 8th Avenue SW, south of SW 314th Place, and north of SW 316th Place (Exhibit B). The site is accessed from SW 31th Street via 8th Avenue SW, SW 314th Place, and SW 315th Place as extended. The subject site has.a land area of 401,479 square feet (9.37 acres). 3. Lot Sizes, Density - As shown on the preliminary plat map, Sheet I of 3, by 13 Civil PLLC (Exhibit A-i), all lots in the convent'ional plat meet or exceed the underlying code-required minimum lot size of 7,200 square feet (SF). These lots range in size from 7,204 to 11,907 SF, with an average lot size of 7,934 SF. 4. Critical Areas - The subject site contains five wetlands. Four of these wetlands (A, B, and C/D) I are of a size to be regulated as Category III wetlands, with 25-foot buffers or 50-foot buffers depending on the size of the wetland, while one wetland (Wetland E) is too small to be regulated.2 Wetlands A, C/D and E, are proposed to be eliminated with roadway and lot development. Wetland creation and mitigation is proposed to occur adjacent to Wetland B. In addition, the site is located within both the five-year and ten-year contour areas assoeiated with Critical Aquifer Recharge and Wellhead Protection Areas. 5. Land Use, Zoning and Comprehensive Plan Designation Direction Site North South East West Zoning RS-7.23 RS 7.2 RS 7.2 RS 7.2 RS 7.2 Comprehensive Plan SF - High Density SF - High Density SF - High Density SF - High Density SF - High Density Existing Land Use Vacant SFR4 SFR 8th Avenue SW, SFR SFR II. CONSUL TED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks Recreation and Cultural Resources Department; Federal Way Department of Public Safety (Police); South King Fire and Rescue; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable, B. All property owners within 300 feet of the site were mailed notices of the application. The site was also posted and notice published in the newspaper and on the City's official notice boards. I Wetland A is 3,478 SF, Wetland B is 38,501 SF, and Wetland C/O is 3,568 SF. 2 Wetland E is 1,886 SF. 3RS-7.2 = single-family residential, 7,200 SF minimum lot size 4SFR = single-family residential Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05- I 00590/Ooc, 1.0, 39306 Page 2 Five comment letters were submitted in response to the June 29, 2005, notice of application (Exhibit C). Following revisions to the preliminary plat application, the City responded to the parties that provided comments on the notice of application on May 26, 2006 (Exhibit D). C. In accordance with ,the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decisions. In addition, the site was posted and notice placed in the newspaper and on the City.'s official notice boards. III. STATE ENVIRONMENTAL POLICY ACT (SEPA) A. The City of Federal Way issued a Mitigated Environmental Determination ofNdnsignificance (MDNS) for the proposed action on October 7,2006 (Exhibit E). This determination was based on review of information in the project file, including the environmental checklist and staff evaluation of the environmental checklist for Mirror Estates (Exhibit F), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MDNS. B. Mitigation measures for the project were identified as the following: 1) Any development within Tract A including the pedestrian trail and the wetland creation and wetland buffer mitigation shall be designed and constructed as required by the Director of Community Development Services to protect and enhance wildlife habitat to the maximum extent feasible. This effort may include, but is not limited to vegetation removal and/or enhancement by the developer, future homeowners associati.on, or the parties responsible for ownership of the tract. A note to this effect shall be included on the final plat map. 2) Prior to final plat approval, the developer shall prepare and implement a plan for the creation of supplemental snags within permanent open space areas. The plan shall be based on an evaluation of trees remaining following the clearing and grading phase of plat infrastructure construction. The plan shall be developed by a qualified professional, and shall be reviewed and approved by the City at the applicant's expense prior to implementation by the developer. 3) Prior to final plat approval, the final plat shall contain language that encourages informational and educational programs and activities dealing with the protection of wildlife. An example of such a program is the Backyard Wildlife Sanctuary program established by the State's Department of Fish and Wildlife. This language shall be added to the Homeowner Association Controls, Covenants and Conditions recorded in conjunction with this plat. 4) As required by the Public Works Director, in order to mitigate potential adverse transportation impacts to the surrounding road network, the applicant must construct the identified TIP improvements listed below. In lieu of constructing these TIP projects and prior to final plat approval, the applicant may voluntarily pay a pro-rata share contribution of $76,347.00 towards the following impacted TIP projects based on the calculation below. Mirror Estates Preliminary Plat' Staff Report to the Hearing Examiner 05-1 00590/Ooc.l.O, 39306 Page 3 Pro-rata Share Contribution to Transportation Improvement Projects The project's fair share contribution was calculated based on the formula below: Project generated PM peak hour trips Fair share = -_____nm___m__m_nm_m___m_u___nnn X TIP project cost 2006 total PM peak hour trafjic The applicant's March 25.2005, Trafjiclmpact Mitigation Fee Analysis was reviewed and accepted by the City. As proposed by the applicant's trafjic engineer, the TIA used for this project was the 2005 to 20J 0 TIP. The following table shows TIP impacted projects, and the project's fair share contributions: Map TIP Project New 2006 Fair ID Proiect Cost * Trips Trips Share 5 S 32(Jh Sf @ IS' Ave S 4,200 17 4812 $14,780,00 7 S 32(Jh St: 8th Ave S-SR 99 6,1 91 16 3691 $26,721.00 12 S 32(Jh St @ 2(Jh Ave S 1,356 13 3796 $4,628.00 23 S 32(Jh Sf: 1st Ave S - 8th Ave S 6,191 .16 3262 $30,218.00 Total $76,347.00 * Project cost in thousands of dollars. C. The comment period for the MDNS concluded on October 21, 2006. One comment letter regarding the scope of the TIA and location offuturemail box was received on October 23, 2006 (Exhibit G). The City replied to this comment in a November 2, 2006 letter, and the appeal period ended on November 4,2006, with no appeals to the City's environmental decision, The environmental decision is incorporated as though set forth in full. IV. NATURAL ENVIRONMENT A. Soils, Topography, Slopes - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgB), 0-6 percent slopes. Alderwood soils are characterized as moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 to 40 inches. AgB soils are described as capable for urban development, runoff is slow, and erosion hazard is slight. Typical soils excavation will occur with the street construction, at the site of the storm detention facility, and for utility installation. The preliminary grading and utilities plan depicts clearing limits for construction of the following facilities: street rights-of way, surface water pond, trail, usable recreation area, and utility development including clearing of lots #2,3,9, 10, 11, and 16 for stockpile areas; clearing and grading for runoff drain installation; and the filling of wetlands A and C/D for lot development. The applicant has proposed to clear and grade all lots with construction of plat infrastructure due to site topography and lots constraints. The site has a gradual slope rising from the center ofthe site to the east and west of wetland B. The preliminary plat site does not have any steep slopes or any other geologically hazardous areas, as depicted on the February 1, 2005, Boundary and Topographic Survey prepared by Peterson Consulting Engineers (Exhibit H). Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, I,D, 39306 Page 4 B. Vegetation - Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-158. City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. Retained significant trees outside of open space areas would be regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction. According to a Tree Retention Plan prepared by 13 Civil PLLC (revised March 8, 2006), the site is moderately wooded with a mixture of conifer and broadkaf trees. The wetland consultant, C. Gary Schultz, also notes that the wetland portions typically consist of densely vegetated uneven aged mixed forest. The wildlife study report prepared by Chad Armour, LLC noted that hardwood forest habitat type covers about 8.49 acres and is present on either side of the Harwood and Shrubbery wetland habitat type located in the center of the site. Red Alder is the dominant species; other trees found are Pacific Willow, Big Leaf Maple, Douglas Fir, and Western Hemlock. Based on the Tree Retention Plan, revised January 22, 2007 (Exhibit A3), there are 73 significant trees located on the subject site.s Of these trees, 47 (64%) are proposed to be removed and 26 (35%) significant trees retained. Significant trees and native vegetation will be retained within the existing and proposed 50-foot wetland buffer in tract A, a Native Growth Protection Tract (NGPT). The Preliminary Grading and Utility Plan identifies removal of significant trees for installation of streets, storm drainage facilities, and utility areas. The plan further depicts significant trees eliminated from future building pads as follows: Lot 7 Installation of roof runoff drains 4 significant trees removed Lot 8 Installation of roof runoff drains 1 significant tree removed Lot 3 Filling of wetland A 2 significant trees removed Lot 9 Stockpile area 5 significant trees removed Lot 10 Stockpile area 5 significant trees removed Lot 11 Stockpile area 2 or 3 significant trees removed Lot 16 Stockpile area 1 significant tree removed Total Eliminated 20 significant trees Pursuant to the provisions ofFWCC Section 22-1568, removal of more than 75 percent of the significant trees requires replacement in the amount of 25 percent of the existing significant trees. While 26 significant trees are retained within the wetland, wetland buffer, and undisturbed building lots, 20 trees (25%) of the significant trees are eliminated from residential building lots and outside of infrastructure areas without benefit of tree replacement or other appropriate mitigation. As discussed in section VI.E, Grading, below, City staff will review the proposed clearing and grading of the site during engineering review, as well as review of mitigation trees planted during wetland buffer creation and buffer restoration, street trees installed in the right-of-way behind the curbs, and vegetative buffering planted around the storm drainage facilities in accordance with FWCC standards. 5 A significant tree is defined in the FWCC as a tree that is in good health, not detrimental to the community, and at least 12 inches in diameter 4.5 feet above the ground, not including red alder, cottonwood, poplar, or big-leaf maple. Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05- 100590/00<, I,D 39306 Page 5 C. Wetlands - The applicant's wetland biologist, working in conjunction with the City's wetland biologist, identified five wetlands on the subject site.6 Any wetland or wetland buffer intrusions are subject to the provisions of the FWCC, and all five wetlands on site meet the FWCC definition of a Category III wetland. The standard buffer for Category III wetlands in excess of 10,000 SF is 50 feet, while the buffer for Category III wetlands that are 2,500 SF to 10,000 SF is 25 feet. Category III wetlands less than 2,500 SF are not regulated under the FWCC. Wetlands A, B, and C/D are regulated as Category III wetlands; wetland A and C/D have 25-foot buffers, wetland B has a 50-foot buffers. Wetland E is not regulated under the FWCC. Wetlands A, C/D, and E are proposed to be filled due to grading activities in conjunction with roadway and infrastructure construction and lot development. Wetland reports and subsequent letters prepared by C. Gary Schulz, Wetland Ecologist, and maps prepared by Altmann, Oliver Associates (March 16, 2006), provide relevant information about wetlands and associated wetland setback areas; wetland function and values; endangered or threatened species or habitats; development impacts; proposed mitigation; construction management; monitoring; maintenance; and contingency for each impacted area. The Federal Way Hearing Examiner shall review the requests for wetland and wetland setback areas intrusions consistent with the procedural requirements of Process IV Hearing Examiner Review, as discussed in the staff report for Process IV Hearing Examiner Review of Proposed Wetland Elimination and Wetland Mitigation, Mirror Estates Preliminary Plat, Federal Way file number 07-100304-00-UP. Mitigation of wetland and wetland setback area impacts is required under FWCC Section 22-1356. Specific wetland mitigation methodology will be presented for review and approval to the Federal Way Hearing Examiner in accordance with provisions ofFWCC Section 22-1358(d). Intrusions into a wetland setback area are reviewed under FWCC Section 22-1359(c). D. Aquifer Recharge, Wellhead Protection Areas - The site is located within both the five-year and ten-year contour areas associated with Critical Aquifer Recharge and Wellhead Protection Areas, The applicant completed a June 7, 2006, Hazardous Material Inventory Statement for the Critical Aquifer Recharge and Wellhead Protection Area (Exhibit 1), and noted that the development of the proposed infrastructure will not store, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous materials listed in the checklist. This will be reviewed in conjunction with engineering permits, The City will continue to protect groundwater resources in site development by encouraging storm drainage infiltration where soils and topography are conducive and requiring storm drainage systems to be detained, treated, and released in accordance with all applicable codes, polices, and regulations. Design and construction of surface drainage facilities in accordance with all applicable state and local codes, regulations, and policies, and r~commended conditions of approval, as discussed in section IX.C, below, will promote and ensure protection of groundwater resources. E. Storm water Runoff - Development of the site will create additional runoff fro:tll new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The applicant's storm drainage Technical Information Report (TIR), revised November 16,2005, (Exhibit J) was reviewed by the City's Public Works 6 Wetland A is 3,748 SF in size with a 25-foot buffer; Wetland B is 38,501 SF in size with a 50 foot buffer; Wetland CID is 3,568 SF in size with a 25 foot butTer; and wetland E is 1,886 SF in size. Wetland CID is described as a complex of two wetlands separated by a six to ten-foot upland berm-like area; there is no evidence of surface hydric connection between the two. However, due to their close proximity, the wetland areas are combined into a regulated wetland identified as Wetland CID. Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, LD. 39306 Page 6 Department. According to the TIR, and TIR amendment (August 30, 2006), the western Y40fthe site sheet flows directly into wetland B, located in the center of the site, The eastern ~ of the site flows into wetland A. Flows then exit this wetland through an existing off-site storm pipe, which ultimately flows into a detention pond north of wetland B and into wetland B. The onsite area was treated as a bypass area for the offsite upstream pond and not detained in the pond. The TIR assumes that 'the site exists as a single basin with all onsite flows being tributary to wetland B. Once leaving the subject site, stormwater flows through existing City systems to the Lakota Wetland, Lakota Creek, and Puget Sound. A two-cell wet pond/detention pond facility, providing stormwater detention and water quality treatment, is proposed east of and adjacent to Wetland B. This pond will be sized in compliance with the KCSWDM and City addendum to the manual. Also, following a historic volume discharge analysis, the applicant will direct predetermined roof runoff from lots 4 through 8 to discharge into wetland B, located within tract A, to replace historic flow volumes. Additionally, the elimination of wetlands A and C/D removes approximately 8,473 cubic feet of stormwater storage volume from the subject site. The applicant will provide compensatory storage volume within the wetland B creation area. Stormwater runoff from the developed western portion of the subdivision, west of wetland B, will be directed to the wet pond/detention pond facility via a pipe installed within a storm drainage easement extending along the southern portion of lots 16 and 17, and through the southern portion of the wetland B buffer located in tract A, before discharging into the tract B storm drainage facility. An eight-foot-wide pedestrian trail will be located over portions of the drainage easement located in tracts A and B. F. Wildlife and Habitat - The applicant submitted a July 31, 2006, Wildlife Study Report prepared by Chad Armour, LLC (Exhibit K). The report notes that there are two wildlife habitat types present on the site. A hardwood and shrubbery wetland habitat type is represented by wetland B, while a hardwood forest habitat type is represented by the forest and smaller wetlands on the remainder of the site. Snags are common in both habitat types and both habitat types appear to provide moderate value to wildlife. According to the report, the site's isolation does represent a significant limitation given its relatively small size. In contrast, the presence.of snags and seasonal standing water attracts several species that may otherwise ignore these habitats. The report includes Table 1 - Wildlife habitats present on the Mirror Estates Preliminary plat, Table 2 - Wildlife observes on the Mirror Estates Preliminary plat; and Table 3 - Primary habitat for wildlife potentially present on the Mirror Estates Preliminary plat. The report states that identified species of wildlife common to the on-site habitat types likely do not "inhabit" the on-site habitat; rather if observed in the habitat~ they are simply passing through on'their way to suitable habitat. Several comments from neighbors adjacent to the subject site include reference to observed wildlife; their comments were forwarded to the applicant and are referenced in the wildlife study report. The wildlife study report notes observances of pileated woodpecker, which are a priority species and a state candidate for listing as an endangered, threatened, or sensitive species. The report further notes that the site has the potential to support black tailed deer and band tailed pigeons, both of which are priority game species subject to state hunting regulations. However, no wildlife species recognized as priority species are known to inhabit the site. Further, pursuant to the wildlife report, the WDFW priority habitat report and species map has no record Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, 1.0, 39306 Page 7 of threatened, endangered, or sensitive species of wildlife within 7,500 feet of the subject site. In an October 2, 2006 email, the wildlife biologist noted that the subject site does not meet the FWCC definition of a fish and wildlife habitat conservation area (FWCC Section 18-28). Approximately 2.10 acres of the site (23 percent) is proposed as conservation open space. FWCC Section 20-155 requires that 15 percent of the site be established in open space. Therefore, the proposed development exceeds the amount of open space required to be provided by code. These 2.10 acres will be modified to increase the size of wetland B and the wetland B buffer, and a soft surface pedestrian trail added at the edge of the site. The preservation and expansion ofthis wetland and its associated buffer, including retention of significant trees throughout the tract, will continue to provide habitat opportunities for some types of wildlife. The proposed stormwater wetland pond may also enhance habitat opportunities, particularly for resident and migrating waterfowl. . In order to mitigate identified wildlife habitat impacts, the City, through the SEP A process, required that the applicant develop tract A to protect and enhance wildlife habitat to the maximum extent possible, create supplemental snags, and identify informational and educational programs and activities dealing with the protection of wildlife for future residents. v. NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated in the central portion of the City in an already developed single-family residential area. While the site is vacant, the site is fully surrounded by platted properties developed with single-family residences on lots ranging from 7,200 to 8,400 square feet in size. The adjacent subdivisions of Mirror Woods to the north, Mirror Glen to the south, Lakota Woods to the west, and Mirror Lake to the east, were established prior to City incorporation in 1990. These residential developments include road and drainage standards that differ from current City standards. There is a 23,958 square-foot 'un-platted' lot abutting the eastern portion of Mirror Estates' along 8th Avenue SW that may be subdivided in the future. (This lot is not part of the proposed subdivision.) Generally, vehicular access to the 8th A venue SW portion of the site will be via City roads reflective of a rural roadway standard, and devoid of curbs, gutters, sidewalks, and street lights. B. Mirror Lake - Mirror Lake, a regulated lake as defined under the FWCC, is located approximately 750 feet northeast of the proposed plat. There is no access from the proposed subdivision to Mirror Lake, which is surrounded by single-family residential development. VI. PRELIMINARY PLAT DESIGN A. Lot Layout, Building Setbacks - As previously discussed, the east and the west portions of Mirror Estates are separated by a large centrally located wetland and wetland buffer. There is no vehicular access between the two portions of the plat; however, a pedestrian corridor located within the wetland buffer would provide east/west pedestrian connectivity. The proposed 27 lots range in size from approximately 7,204 square feet to 11,907 square feet, with an average lot size 'Of 7,934 square feet. Generally, the proposed lots are rectangular-shaped; lots 6, 7, and 8 are pie-shaped. Access to Lots 21 and 22 is via a 30-foot-wide shared access easement; and access to lots 17 and 18 is via a 30-fo'Ot access public 30-foot wide shared driveway/public access easement that serves as a pedestrianjrail that links the west side of the plat to the east Mirror Estates Preliminary Plat ' Staff Report to the Hearing Examiner 05-1 00590/Ooc, 10, 39306 Page 8 side ofthe plat. Lots 5, 6, and 7 contain a 10-foot-wide private drain easement along the north property line to convey roof runoff to the wetland buffer; while lots 16 and 17 contain a 15- foot-wide public storm drainage easement along the south property line. Under the FWCC, a lot must contain a front yard structural setback of 20 feet, a side and rear yard structural setback of five feet, and maximum lot coverage of 60 percent. The final plat shall reflect that the front yard setback is parallel to 11 th Place SW for lots 17, 18, 21, and 22, All other building setback lines (BSBL) are accurately depicted on the preliminary plat map, and each lot contains an adequate building area as required under the FWCC. B. 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. Total open space required for this plat is 60,222 square feet (1.38 acres, or 15 percent of the 401,479 square-foot'parcel). To comply with the open space requirements, the applicant has proposed, and the P ARCS Department has approved ina June 23, 2006, memo (Exhibit L), a 1, 174-foot-long pedestrian trail that links the east and west portions of the plat, with a fee-in-lieu-of payment for the balance of the open space requirement. The eight-foot-wide trail starts at 11 th Place SW, extends eastward 197 feet along a shared driveway/public access easement; connects to a 241-foot-Iong soft surface section within the wetland buffer in tract A, to a 1 98-foot-Iong section in tract B adjacent to the storm pond, and on to SW 315th Place, south oOot #8. The trail corridor provides approximately 9,392 square feet (2.34 percent) of usable open space as provided in the FWCC (refer to Exhibit M - Mirror Estates Statistical Information, June 6, 2006). The pedestrian trail is proposed approximately 35 feet from the edge of wetland B. Due to the proximity to the wetland, open rail wood fencing and appropriate signage shall be incorporated within the pedestrian trail corridor to minimize potential or inadvertent human intrusion into the wetland and buffer. The applicant has proposed ownership of the trail be by the future homeowners association, except for that portion located within tract B. A text note addressing dedication and maintenance provisions shall be noted on the face of the final plat, and pursuant to the subdivision code, homeowners association covenants are required to be submitted for City review prior to final plat approval. Refer to section VIII.B of this report for additional park and open space discussion. C. Vehicular Access and Circulation - Primary vehicular access to the site will be provided via the extension of 8th Place SW and 11 th Place SW between SW 3l4th Place and SW 3l6th Place, as well as the western extension of SW 315th Place from 8th Avenue SW, which also provides direct vehicular access to,SW 31th Street. To comply with FWCC Section 20-151, which requires block perimeters no longer than 1,320 feet for non-motorized trips and 2,640feet for streets, an east/west street connection would be required across the subject property. Due to the presence of wetlands, Public Works staff supported a modification request to only construct a pedestrian trail for east/west connection. The City issued a July 6, 2006, letter approving a requested right-of-way modification for reduction in width and material and the location of a required east/west pedestrian corridor (Exhibit N). Pursuant to FWCC street improvement standards, all street improvements must be dedicated to the City of Federal Way for right-of-way and must be improved to applicable City standards, See Section VII of this report for a detailed description of the proposed roadway system and improvements, ... Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-] 00590/Ooc tD 39306 Page 9 D. Pedestrian System - As proposed and required, the plat complies with the FWCC subdivision code requirements for on and off-site pedestrian circulation; providing five foot sidewalks on both sides of interior streets and the exterior frontage street. The new sidewalks will connect with existing sidewalk systems on II th Place SW and 8th Place SW. As discussed above, Public Works staff conditionally approved an eight-foot wide pedestrian linkage between the east and the west portions of the plat. The trail starts at 11 tll Place SW, extends eastward 197- feet along a shared driveway/public access easement, connects to a curving 241-foot long soft-surface section within the wetland buffer in tract A, to a 198-foot long section consisting of a IS-foot wide storm drainage easement in the buffer of wetland B in tract A adjacent to the storm pond, and connects to the SW 315111 Place right-of-way south of lot #8 via the storm drainage tract B. Vegetation is required to separate the trail from wetland buffers and prop'osed lot #8. The western portion of the trail, including tract A, is proposed as private, owned and maintained by the homeowners association, while the balance of the trail would be dedicated to the City of Federal Way in conjunction with tract B. As discussed, the trail is proposed to intrude into the southern portion of the wetland B buffer. See Section VII of this report for a detailed description of the proposed roadway system and improvements. E. Clearing, Grading - Pursuant to FWCC Section 22-179, the preliminary plat is subject to approved preliminary clearing and grading plans, and all natural vegetation shall be retained on the site to be subdivided, except that which will be removed for infrastructure improvements or grading as shown on approved engineering plans. The applicant has proposed to clear and grade , approximately 52 percent of the site during infrastructure construction. This would include clearing areas for roadways, storm drainage facility, utilities, the filling of wetlands A and C/D, and establishment of three separate stockpile areas over future building lots. With the proposed clearing and grading activities, the applicant would be removing 64 percent of the significant trees located on the site, leaving approximately 36 percent of the significant trees and corresponding native vegetation on individual building lots and within the 50-foot wetland buffer in NGPE tract. As discussed in Section IV.B of this report, a total of 20 significant trees would be removed from individual lot areas without replacement or mitigation. The City will review the proposed grading and clearing request pursuant to FWCC Section 22- 1568(c)(1) in conjunction with engineering review. A TESC plan must be submitted with construction plans and approved by the City prior to issuance of engineering approval. F. Landscaping- The applicant's preliminary landscape plan (Exhibit A4) provides landscaping as required by the FWCC Chapter 20, "Subdivisions," including landscaping of the on-site storm drainage facility and street trees along public roads. As a recommended condition of preliminary plat approval, the applicant's final landscape plan shall be prepared in accordance with the preliminary plat conditions of approval and shall be submitted for the City's review and approval prior to issuance of a engineering approval for plat improvements. FWCC Chapter 20 requires landscape perimeter landscape buffers only when the plat abuts an incompatible zoning district. The proposed plat is bordered on all sides by single-family residential zoning; therefore, no perimeter buffers apply, Street trees, when mature, open space vegetation, and screening of the storm drainage tract will contribute to visual buffering. Street tree requirements are described in Section Y1F, below. Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-) 00590/Ooc, 1.0, 39306 Page 10 The applicant's Tree Retention Plan (Exhibit A3) indicates that 47 of the total 77 significant trees within the proposed gr~ding limits will be removed; including those located in future infrastructure areas. In addition, the project will retain all significant trees and vegetation within the wetland and its setback. The applicant's preliminary landscape plan also proposes to add approximately 50 street trees along all internal streets, and II trees around the tract B storm drainage pond. Additional trees will be planted in conjunction with wetland creation and wetland buffer creation and restoration area. VII TRANSPORTATION A. Street Improvements - As proposed and as required by the FWCC, all internal and external rights-of-way must be dedicated by statutory Warranty Deed to the City of Federal Way and improved to all applicable FWCC street standards. As correctly shown on the plat cross section on sheet 2 of 3, internal streets are designed in accordance with the City's local access street' standard. The section for 11 thPlace SW includes a section'S' and includes a 60-foot wide right-of-way, 36-foot pavement width, vertical curb and gutter, four-foot planter strips, five- foot wide sidewalks, streetlights, and street trees. The section for Sth Place SW, Sth Avenue SW, and SW 315th Place includes a section 'V' and includes a 56-foot wide right-of-way, 2S-foot pavement width, vertical curb and gutter, four-foot planter strips, five-foot wide sidewalks, streetlights, and street trees. A traffic circle is incorporated into the 11 th Place SW street design to mitigate neighborhood concerns of connected streets and to serve as an appropriate traffic calming device, while the off-set of Sth Place SW creates an automatic traffic calming pattern. The cul-de-sac on SW 3l5th Place is a 106-foot diameter with S2 feet of pavement, vertical curbs, gutter, sidewalk, planter strip, streetlights, and street trees. Half street improvements on Sth Avenue SW include roadway widening, vertical curbs, gutter, four foot-wide planter strip, five foot-wide sidewalks, streetlights, and street trees, with a 30-foot-wide right-of-way dedication required to accommodate the new roadway. The new roadways on Sth and 11 th Place will transition and align with existing roadways; however, a the new sidewalk along the plats Sth Avenue SW frontage will not connect to any other sidewalk until future development of the lot to the north provides this connection. The City's Traffic Engineer and South King Fire and Rescue reviewed the January 22, 2005, Mirror Lake Plat Traffic Impact Analysis prepared by Jake Traffic Engineering (Exhibit 01), the March 25, 2006, Mirror Lake Plat Traffic Impact Fee Analysis prepared by Jake Traffic Engineering (Exhibit 02), and submitted plans, and . concluded that the proposed street layout of the Mirror Estates subdivision is consistent wit!i the adopted codes and comprehensive plan. B. Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental Policy Act (SEP A) as discussed in section III of this report. VIII. PUBLIC SERVICES A. Schools - As part of the City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for review. A January 25, 2005, school access analysis submitted by the applicant (Exhibit P) indicates that Lake Grove Elementary, Lakota Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, 1.0, 39306 Page 11 Middle School, and Federal Way High School will serve the proposed subdivision. All elementary and high school students from this development would receive bus transportation to and from school, as these schools are over one mile from the subject site. Students attending Lakota Middle School will walk to school via existing sidewalks and roadway shoulders on 8th Avenue SW, SW 312th Street, and 14th Avenue SW. School service areas 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 $3,169.00 per single-family housing unit. School impact fees are determined on the basis ofthe District's Capital Facilities Plan and are subject to annual adjustment and update. 'B. Parks & Open Space - The subject site is located in Park Planning Area A of the Federal Way P ARCS Comprehensive Plan. Mirror Estates is approximately Yz mile from the Lakota Park, Yz mile from French Lake Park, and Yz mile form Lake Grove Park. As more specifically described in section VII above, the P ARCS Department has found that the proposed installation of a . pedestrian trail linking the east and the west sections of the proposed plat establishes 2.34 percent of the site in usable open space, a 91,353 square foot wetland and wetland buffer establishes. conservancy open space, and a fee-in-lieu-of payment based on 7.66 percent of the total overall site acreage, will meet the subdivision code requirements for open space (Exhibit L). C. Fire Protection - South King Fire and Rescue requires that a fire hydrant be located within 350 feet of each lot. The Certificate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The exact number and location of fire hydrants will be reviewed and approved by South King Fire and Rescue. IX. UTILITIES A. Sewage Disposal- The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A November 19,2005, Certificate of Sewer Availability (Exhibit P) 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. The November 19,2005, Le,tter of Water Charges (Exhibit Q) indicates Lakehaven's capacity to serve the proposed development through a Developer Extensio.n Agreement (DEA): C. Drainage Facilities - Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to, the manual. The applicant's storm drainage Technical Information Report (TIR), revised November 16, 2005 (Exhibit J1), was reviewed by the City's Public Works Department. According to the TIR, and TIR August 30,2006, amendment (Exhibit ./2), the western Y4 of the site sheet flows directly into wetland B, located in the center of the site, and the eastern Y4 of the site flows into wetland A. Flows exit wetland A through an existing storm pipe which flows into an off-site detention pond north of wetland B, and thence into wetland B. Water from wetland A is 'bypassed' through the offsite pond and then into wetland B. The TIR assumes that the site Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, LD, 39306 Page 12 exists as a single basin with all onsite flows being tributary to wetland B. Once leaving wetland B, storm flows are conveyed through existing City systems to the Lakota Wetland, through Lakota Creek, and into Puget Sound. A two-cell wet pond/detention pond facility, providing stormwater detention and water quality treatment, is proposed east of and adjacent to wetland B. This pond will be sized in compliance with the 1998 KCSWDM and City addendum to the manual. Also, following a historic volume discharge analysis, the applicant will direct a predetermined volume of roof runoff from lots 4- 8 into wetland B, located within tract A, to replace historic flow volumes. Further, the applicant will replace the volume of stormwater retention eliminated with the filling of wetlands A and C/D within the created portions of wetland B, in order to maintain historic storage volume. Stormwater runoff from the developed western portion of the subdivision, west of wetland B, will be conveyed to the wet pond/detention pond facility (tract B) via a pipe installed within a storm drainage easement extending along the southern portion of lots 16 and 17, and through the southern portion of the wetland B buffer located in tract A. An eight-foot wide pedestrian trail will be located over portions of the drainage easement located in tracts A and B. Prior to issuance of construction permits, engineering plans and corresponding technical data shall demonstrate that wetland hydrology is not impacted by the proposed subdivision development. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. Stormwater design and plat drainage elements must conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division as outlined in the adopted KCSWDM and City amendments, the Comprehensive Surface Water Management Plan, and the Storm water System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed per City code requirements, prior to final plat approval and recording of the subdivision. The detention facilities shall be screened with vegetation from the plat, the right-of-way, and surrounding properties. Cyclone fencing, if used, shall be black or dark green vinyl coated, x. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the hearing examiner for public hearing. The preliminary plat application and the recommendation of the hearing examiner are submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the hearing examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan. Staff Comment: The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Single Family - High Density. The proposed land use, Single Family Residential, with 7,200 square foot minimum lot size (RS-7.2), is consistent with density allowances and policies applicable to this land use as established in the FWCP. Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, LD. 39306 Page 13 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisi'ons 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 South King Fire and Rescue, Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in FWCC Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 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 community, protection of environmentally sensitive areas, and preservation of approximately 23 percent of the site as permanent open space. As proposed, and with conditions as recommended by ~ity staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in FWCC Sections 20-151 through 157, and 20-158 through 187. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 20, "Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations, As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. XI. FINDINGS OF FACT Based on an analysis of the preliminary plat application, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposal is to subdivide a vacant 9.37 acre parcel into 27 single-fami ly residential lots with one storm drainage tract and one wetland/open space tract. A large wetland and buffer separates the east and west portions of the proposed plat. A separate Process IV request for wetland elimination and wetland buffer intrusions for purposes oflot establishment, utility extensions, a pedestrian trail, and roadways has been forwarded to the Federal Way Hearing Examiner. 2, The proposed single-family residential subdivision is consistent with existing Federal Way zoning and comprehensive plan designations, including RS-7.2/Single Family-High Density. Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, I.D. 39306 Page 14 3. The subject property contains environmentally sensitive areas as defined by the Federal Way City Code (FWCC), including four regulated wetlands (Wetlands A, B, and CD,) one non- regulated wetland (Wetland E); and the site is within the Five Year and Ten Year contour areas associated with the Critical Aquifer Recharge and Wellhead Protection Areas. The City reviewed the applicant's specialized studies and material checklists related to sensitive areas, including a wildlife report, wetland determination and mitigation plan, and Hazardous Material Inventory Statement as part of environmental review and recommendations, and found in these reports have been applied in the MDNS, reflected in preliminary plat conditions, and forwarded to the Federal Way Hearing Examiner as appropriate. The applicant proposed to eliminates wetlands A, C/D, and E; to mitigate wetland elimination with wetland and wetland buffer creation within wetland B, and to install a storm drainage easement under a pedestrian trail within the southerly buffer of wetland B. Design and construction of plat improvements in accordance with all state and local codes, policies, and regulations, and with all conditions as recommended, will ensure protection of environmentally sensitive areas and provide for the public health, safety, and welfare. 4. A Mitigated Environmental Determination of Non significance (MDNS) was issued for this proposed action on October 7, 2006, based on a Staff Evaluation of Environmental Checklist. Mitigation measures for transportation and wildlife were applied to the project in the MDNS. One written comment was received regarding the TIA and mailbox locations. No appeals of the environmental determination were filed with the City. Pursuant to the FWCC, MDNS mitigation measures become conditions of project approval. 5. The preliminary plat was reviewed and determined to be consistent with all preliminary plat decision criteria set forth at FWCC Sections 20-126(1) through (S), including consistency with the comprehensive plan; consistency with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; consistency with the public health, safety, and welfare; consistency with the design criteria listed in FWCC Section 20-2; and consistency with the development standards in FWCC Sections 20-151 through 20-157, and 20- 178 through 20-187. 6. Lot sizes of the 27 proposed lots meet or exceed the underlying required minimum lot size of 7,200 SF; and range in size from 7,204 to 11,907 SF, with an average lot size of7,934 SF. 7. City staff received and responded to written comments received from neighbors on the application. Neighbors' comments related to neighborhood traffic impacts, wildlife, and environmentally sensitive areas, and were considered in the environmental determination on the project. 8. The applicant's proposed grading plan clears 52 percent of the site, including 64 percent of existing significant trees, in conjunction with street and utility construction, wetland filling, and stockpiling activities, City staff will review the grading request subject to review of a final grading plan and subject to all conditions of preliminary plat approval. A TESC will be required to eliminate stockpile-related erosion and aesthetic issues and provide protection of critical areas. 9. The applicant's significant tree inventory indicates 26 of 73 significant trees will be retained within the proposed grading limits, including those located in the wetland and wetland buffer areas and on individual building lots, All significant trees and vegetation within the wetland Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05- J 00590/Ooc I,D 39306 Page J 5 and its setback will be retained in Native Growth Protection Tracts (NGPT's), and the applicant's Wetland Mitigation Plan also proposes to add native vegetation in the wetland buffer restoration areas. The City recommends the applicant submit a landscape plan that depicts replacement trees on those impacted building lots so that these lots will receive replacement trees based on the FWCC at time of residential construction, subject to review of a final grading plan, and all conditions of preliminary plat approvaL 10. The applicant proposes to eliminate wetlands A, C/D, and E, to mitigate wetland elimination through wetland and wetland buffer creation within wetland B, to install a storm drainage easement under a pedestrian trail within the southerly buffer of wetland B, and to revegetate disturbed areas. These requests are subject to a Process IV Hearing Examiner's decision pursuant to FWCC Section 22-13l2( c) and FWCC Chapter 22, Article XVI. Denial or modification of the requests will require modification of the proposed subdivision design. 11. The applicant has proposed aI, 174 foot long pedestrian trail that links the east and west sides of the plat, retention and expansion of wetland B, restoration and enhancement of the wetland B buffer, and a fee-in-lieu-ofpayment equal to comply with preliminary plat open space requirements of the FWCC. The proposal results in preservation of approximately 22 percent of the site (91,353 square feet) in conservation open space, with approximately 2.34 percent of the site (9,392 square feet) in usable open space; and as approved by the Parks Department Director subject to review of final landscape plans as a condition of preliminary plat approvaL 12. The applicant's wildlife study report noted that the Pileated woodpeckers, a state candidate for listing as an endangered, threatened, or sensitive species, has been observed at the subject site, While the existing wetland habitat types provide moderate value to wildlife on the subject site, their isolation and small size limits overall wildlife values. Despite their presence, the site does not represent primary habitat for Pileated woodpeckers. The proposed development will displace approximately 7.81 acres of habitat while retaining 2.10 acres of wetland and associated wetland buffer for habitat. Additional opportunities for snags and other mitigating measures to increase wildlife habitat are required as SEP A conditions. 13. The City's Traffic Engineer reviewed and concurred with the applicant's Mirror Lake Traffic Impact Analysis and the Mirror Lake Traffic Impact Mitigation Fee Analysis prepared by Jake Traffic Engineering. The MDNS requires the applicant to construct or voluntarily contribute the project's pro-rata share to the City's impacted TIP projects, which will address impacts to the transportation system. The applicant also proposes a traffic circle on 11 th Place SW concurrent with plat development to provide traffic calming. City staff reviewed and concurs with this proposal as a recommended condition of preliminary plat approval. 14. Public access will be provided by the extension of 8th Place SW and 11th Place SW between SW 314th Place and SW 3l6th Place, and the partial extension of SW 3l5th Place from 8th Avenue SW. Although vehicular connection between the east and the west sides of the plat is precluded by the large wetland, the applicant proposes pedestrian connection that links the east and west portions of the development. Plat layout provides for good vehicle and pedestrian circulation in accordance with all applicable right-of-way improvement requirements. In accordance with the FWCC, all street improvements must be dedicated as City right-of-way and improved to full street standards, The City's Traffic Engineer has reviewed the project and concluded that the proposed streetJayout is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, 1.0, 39306 Page] 6 15. The applicant provided a school access analysis which indicates that the site will be served by Lake Grove Elementary School, Lakota Middle School, and Federal Way High School. High school and elementary students from the plat will be bussed from existing nearby stops, or new and additional stops as the district may determine appropriate for the conditions. Middle school students will walk to school via new existing sidewalk and roadway corridors. ,16. Design and construction of surface drainage facilities in accordance with the 1998 KCSWDM and City's amendments to the manual, the conditions of the MDNS, and recommended conditions of preliminary plat approval, will ensure that all potential erosion, surface water runoff, water quality, and infiltration/storage-related impacts to wetlands are addressed, The applicant's TIR was reviewed and accepted by the City's Public Works Department. Storm drainage facilities consist of a two cell wetpondldetention pond facility adjacent to wetland B, and connecting to existing public stormwater systems that flow to Puget Sound. The system will collect and treat runoff from the east and west portions of the subject site. The pond will be sized in compliance with the KCSWDM and City addendum to the manual. The applicant proposes to direct roof runoff from lots 4-8 into wetland B to replace historic flow volumes, and will replace stormwater retention volumes contained in wetlands A and C/D within the w~tland B creation area. 17. The preliminary plat application was reviewed for consistency with all applicable state and local codes, policies and regulations, including the Federal Way Comprehensive Plan (FWCP); Federal Way City Code (FWCC) Chapters 18, "Environmental Policy"; 19, "Planning and Development"; 20, "Subdivisions"; 21, "Surface and Stormwater Management"; Chapter 22, Articles XIV, "Environmentally Sensitive Areas"; XIX, "Community Design Guidelines"; and XVI, "Improvements"; the 1998 King County Surface Water Design Manual; and King County Road Standards. As proposed and recommended by staff, the preliminary plat is consistent with the FWCP and all other applicable codes and regulations. 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. As proposed and recommended by staff, approval and development of the proposed preliminary plat will ensure consistency and compatibility with existing surrounding single-family and , ml;)Itifamily zoning, uses, and densities. 20. Pursuant to the FWCC, prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII. RECOMMENDATION Based on review of the applications, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends that the Hearing Examiner recommend approval of the preliminary plat; and approve the Process IV component of the application, subject to the following conditions: Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-) 00590/Ooc, I,D, 39306 Page ) 7 I. Prior to the City's approval of engineering plans, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing tree preservation within the plat, all landscaping within plat boundaries, wetland mitigation planting approved by the Federal Way Hearing Examiner, restoration of the areas disturbed by installation ofthe storm drainage easement and pedestrian trail outside of tract A, visual screening of the tract B storm drainage tract, and street trees for review and approval by the Directors of Community Development, Public Works, and Parks, Recreational, and Cultural Services (PARCS). Prior to submittal to the City, the landscape plan shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations contained in the applicant's Wetland Determination and Mitigation Plan. Pursuant to FWCC Sections 22-l286(d)(2), 22-1243, 22- 1313(3), and 22-1358(e)(I), the City may require the applicant to pay for the services of a wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring on behalf of the City, as determined by the Community Development Director. 2. All on-site fencing associated with plat construction is subject to the City's final review an approval of design, location, and any screening. Fencing shall allow for the migration of small wildlife animals, where appropriate. Any chain link fencing, if approved by the City, shall be vinyl coated black or green and shall be screened with vegetation. 3, Prior to final plat approval, open rail fencing, appropriate vegetation, and appropriate signage shall be installed to separate the pedestrian trail and residential lots from wetland B setback. 4. Rockeries and retaining walls associated with plat construction must reflect residential scale, design, and sensitivity of materials or treatment, including use of vegetation and/or terracing, where they are visible from adjacent residences or usable open space. 5. The final plat drawing shall dedicate all usable open space in an open space tract to be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in open space tracts to meet conditions as approved by the City. A note shall be included on the final plat map that the open space tract shall not be further subdivided, may not be developed with any buildings or other structures except as may be approved by the City for recreational purposes only for the benefit of the homeowners, and may not be used for financial gain. XIII. LIST OF EXHIBITS A Al - Reduced Scale Preliminary Plat Map,7 revised January 22,2007 A2 - Preliminary Grading and Utility Plan, revised January 22, 2007 A3 - Tree Retention Plan, revised January 22, 2007 A4 - Preliminary Landscape Plan, August 10,2006 B. Vicinity Map 7 Full size plan set to the Federal Way Hearing Examiner Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, I.D. 39306 Page 18 C. Comment Letters Received Following Notice of Application C I - Judith Meland C2 - David and Connie McClure C3 - Paul Jackson C4 -Kathleen Murray C5 - Jonathan and Chandra Gamble D. City Responses to Cl through C5, May 26,2006 E. MDNS Issued October 7, 2006 F. Staff Evaluation with SEPA Checklist G. Gates SEPA Comment Letter and City Response H. Boundary and Topographic Survey prepared by Peterson Engineering, Inc., February 1, 2005 I. Hazardous Material Inventory Checklist, June 7, 2005 J. 11 - Technical Information Report (TIR.) prepared by 13 Civil Engineers, PLLC, revised November 11,2005 J2 - Addendum to TIR., August 30,2006 K. Wildlife Study Report prepared by Chad Armour, LLC, July 31, 2006 L. PARCS Memorandum, June 23, 2006 M, Mirror Estates Statistical Information, June 6, 2006 N. City Right of Way Modification, July 16,2006 O. Traffic Impact Analysis 01 - Mirror Lake Plat Traffic Impact Analysis prepared by Jake Traffic Engineering, Inc., January 22, 2005 02 - Mirror Lake Plat Traffic Impact Fee Analysis prepared by Jake Traffic Engineering, Inc., March 25, 2006 p, School Access Analysis, January 21,2005 Q. Certificate of Sewer Availability R. Certificate of Water Availability TRANSMITTED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant - New Concept Homes Project Engineer - Jeritt Jolma, 13 Civil Engineers, PLLC Federal Way Staff - Deb Barker, Sean Wells, Raid Tirhi, William Appleton City's Critical Areas Consultant - Suzanne Bagshaw, OTAK, Inc. Mirror Estates Preliminary Plat Staff Report to the Hearing Examiner 05-1 00590/Ooc, (,0, 39306 Page 19 ~ \.~ i~ \' \ ~il'J. ~ '" II..~\~~S~ ~ ~ a-.... $,'Q."..e '\..).... ~~ it'aM=.' ~~\~~~.~, i \, \ ~ h;!.:E ~l l\ ~~ ~ ~ :\ ~ ~ \\ \q\ -"'i'-~---'--- \' ~ Ei'.l~ .'q ,.o1<.~los-~' . 1\. I \!t \\ I ~ .. h~ .i ~hll ~~ \ .,~ \~ ~\~\ ~b~\i\e. Uh ~n \ ~- ;t .1<1- ' I ; \It ~ \ ~l\\ ~ ':\ \ ~ ,\ ~~~ ;~, ~ \~\ ~ \\\\ ~\\\ . \1 \~l\:: \\i 1 ~~~\ ~ \U\ \b\'\ 1\ ~h ~ \~ n~ CI) W t- ~\ ~,~~, w V",,' ~II. ~ ~ .... \ i 'I , , , , I I , , , , , , , I , I I , , , , , \ , I , . . 1 \ i\~ ~ . ~'t,. 0~ t~ \ ,\ \l ~\ l~ i~ .~~ ~ 't, ~\ l~ , tiH ~ '1\ .,\ . . .,. ~. ~d. 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, APPROVING MIRROR ESTATES PRELIMINARY PLAT, FEDERAL WAY FILE NO. 05-100590-00 SUo WHEREAS, the owner, New Concept Homes, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Mirror Estates, and consisting of 9.37 acres into . twenty-seven (27) single-family residential lots located on the west side of the 31500 block of 8th Avenue SW;and WHEREAS, on October 7, 2006, 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 (SEP A), Chapter 43.21 C; RCW, and WHEREAS, the Federal Way Hearing Examiner on January 30, 2007, held a public hearing concerning Mirror Estates preliminary plat; and WHEREAS, following the conclusion of said hearing, on February 9, 2007, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Mirror Estates preliminary plat 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 City Code to approve, deny, or modify a preliminary plat andlor its conditions; and WHEREAS, on February 26, 2007, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Mirror Estates preliminary plat, pursuant to 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 Mirror Estates preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and Res, # , Page I WHEREAS, on March 6, 2007, the City Council considered the record and the Hearing Examiner recommendation on Mirror Estates 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 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's February 9, 2007 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions, of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section i. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, Mirror Estates preliminary plat, Federal Way File No. 05-100591-00 SU, is hereby approved, subject to conditions as contained in the February 9, 2007, Report and Recommendation of the Federal Way Hearing Examiner (Exhibit A). Res. # , Page 2 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. 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 _ DA Y ,2007, OF CITY OF FEDERAL WAY MAYOR, MICHAEL PARK Res, # , Page 3 ATTEST: CITY CLERK, LAURA HATHAWAY ApPROVED AS To FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. Res, # , Page 4 COUNCIL MEETING DATE: March 6th, 2007 ITEM #: ............................._...__.............__....H_.___......................___..._............._..........M ...................._.....__........................._..._................ ................................___...__...............................__ ...................................................._................ ...............__........................_........................................_..._..........._.__ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007 COMMUTE TRIP REDUCTION (CTR) AGREEMENT AMENDMENT POLICY QUESTION: Should the Council approve an amendment to the CTR agreement with WSDOT for additional state CTR funding? COMMITTEE: Land Use/Transportation MEETING DATE: February 26, 2007 CATEGORY: [g] Consent D City Council Business D Ordinance 'D Resolution D Public Hearing D Other ~I-~!.!...~~.2~!..~.~,:}~J~~_!>.~E.~~?J~:~:,?f.i!Y..I~_~i~~_,E!!gi!1_e~___,.______c.____"'~,~_~!.~_~~~~,~~,~~~~~__..________,__.._,__,~ Attachments: LUTC memo dated February 26, 2007 Options Considered: 1. Approve an amendment to the agreement as proposed by WSDOT for additional $5,426 in state funding. 2. Reject the proposed amendment by WSDOT and implement the CTR as required by state law using in-house staff and City's budget of $5,426. -----.-..-......--................--....-............-.......-___..................__........__.....__._____.....m...........__............_.~.__~_________~.._..__._.___..._.________._...._...____..__..._...__._._..__...__.____._.__.__. STAFF RECOMMENDATION: Staff recommends Option 1. , CITY MANAGER ApPROVAL: ~ ~ Council DIRECTOR ApPROVAL: hYl.. Committee Council COMMITTEE RECOMMENDATION: LUTC recommends Option 1. Jack Dovey, Chair PROPOSED COUNCIL MOTION: WSDOT " Eric Faison, Member Dean McColgan, Member "] move approval of the amendment to the CTR agreement as proposed by (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # K:\council\agenda bills\2007\03-06-07 CTR Agreement Amendment CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: February 26th, 2007 Land Use and Transportation Committee (LUTC) Neal Beats, City Manager . Rick Perez,P.E., City Traffic Engineer ~ Sarady Long, Traffic Engineer SUBJECT: 2006/2007 COMMUTE TRIP REDUCTION (CTR) AGREEMENT AMMENDMENT BACKGROUND: Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicles (SOV) for the commute trip. In 2006, the Washington Legislature adopted changes to the CTR law. As part of these changes, the law requires cities to develop local CTR plans consistent with the new rules and guidelines developed by the state. The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR) plans and programs. The CTR program requires an agreement with WSDOT. The purpose of the agreement is to allow the State to reimburse the City its proportionate share of the technical assistance funding. Based on the current affected worksites, the City of Federal Way will receive approximately $25,623 annually for the 2006/2007 biennium. The City current agreement with WSDOT will expire July 1, 2007. UPDATE: WSDOT proposed an amendment that would increase the technical funds by $5,426 (from $25,623 to $33,651.97). The additional funding is intended to provide the city with some funding for their development of a local CTR plan. Due to aggressive due date schedule and workload, staff will use consultant services to prepare the required local CTR plans. Staff believes this is a cost-effective method, as most cities have a full-time CTR coordinator to perform this task. Staff will present this work to the LUTC and Council committee as a separate agenda item, cc: Project File Day File K:\LUTC\ 2007\02-26-07 eTR EfI'kit'lIji Act Contract with WSDOT LUTe rncl1loLdoc AGREEMENT AMENDMENT The SECOND AMENDMENT to AGREEMENT GCA4567 entered into between the Washington State Department of Transportation (hereinafter called the "WSDOT"), and the City of Federal Way (hereinafter called the "CONTRACTOR"), and/or individually referred to as the "P ARTY" and collectively referred tQ as the "P ARTIES'\ WHEREAS, RCW 70.94.527 requires development of local government and regional transportation plans consiste~t with the rules developed by WSDOT in accordance with RCW.70.94.537; and WHEREAS, both PARTIES agree to amend the original AGREEMENT GCA4567 to add a local government and regional planning funding allocation for the period of July 1,2006 through June 30,2007 in the amount of$5,426 using state multi-modal account funds appropriated by ESSB 6241, Chapter 313, Section 226(b); THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part of the original AGREEMENT, the following amendment is incorporated into AGREEMENT GCA4567: IT IS MUTUALLY AGREED AS FOLLOWS: 1. Delete Caption headings 'Project Amount', on the first page of the AGREEMENT, and replace as follows: Project Amount July 1,2005 through June 30, 2006 $25,623 Project Amount July 1, 2006 through June 30, 2007 $33,651.97 2. Delete Section 4 - Reimbursement and Payment and replace with the following: Section 4 Reimbursement and Payment WSDOT shall reimburse the CONTRACTOR for eligible expenditures not to exceed $25,623 during the first year and $33,651.97 during the second year of the AGREEMENT period. The maximum amount of funding for the CONTRACTOR was determined using the methodology contained in Exhibit I, Funding Allocation Methodology. WSDOT will reimburse the CONTRACTOR only for actual and eligible direct and related indirect project costs. Payment will be made on a reimbursable basis. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices accompanied by progress reports as provided in Section 6 and financial summaries. The CONTRACTOR shall submit an invoice (state form A-19) or WSDOT approved invoice format to WSDOT in order to receive reimbursement. The CONTRACTOR may submit invoices, not more than once per month, during the course of this AGREEMENT. The CONTRACTOR shall submit a final invoice to WSDOT no later than July 15,2007. Any invoice received after July 15,2007 will not be eligible for reimbursement. Within 30 days after receiving an invoice and upon approval, WSDOT shall remit payment to the CONTRACTOR. All invoices and payments shall be based on and paid on actual work Page 1 of 6 GCA4567 -02 performed and actual costs incurred up to the maximum amount identified in this AGREEMENT. 3. Amend Exhibit I, Funding Allocation Methodology table, and add the 'July 1, 2006- June 30,2007 Planning Allocation' table as follows: July 1,2006 - June 30,2007 Planning Allocation Contract Amount Contracting on Regional CTR Local CTR GTEC Contractor Behalf of Planning planning planning Total PugetSound Reqional Council $60,000 $60,000 Spokane Regional Transportation Council $40,000 $40,000 Whatcom Council of Governments $50,609 Whatcom Council of Governments $40,000 City of Bellingham $5,548 Whatcom County $5,061 Yakima Valley Conference of Governments $55,487 Yakima Valley Conference of Governments $40,000 City of Selah $5,091 City of Union Gap $5,091 City of Yakima $5,305 Clark County $71,584 Southwest Washington Regional Transportation Council $40,000 Clark County $5,122 City of Camas $5,152 City of Vancouver $6,249 $10,000 City of WashouQal $5.061 King County Metro $51,309 King County $5,091 City of Auburn $5,335 City of Burien $5;061 City of Des Moines $5.061 City of Kirkland* $5,365 $10,000 City of Mercer Island* $5,061 City of Shoreline $5,183 City of Woodinville $5,152 City of Bellevue $6,827 $10,000 $16,827 City of Bothell $5,883 $10,000 $15,883 Page 2 of 6 GCA4567 -02 City of Federal Way $5,426 $5,426 City of Issaquah $5,274 $5,274 City of Kent $5,975 $5,975 City of Redmond $6,675 $10,000 $16,675 City of Renton $5,701 $5,701 City of SeaT ac $5,548 $10,000 $15,548 City of Seattle $12,797 $10,000 $22,797 City of Tukwila $5,518 $10,000 $15,518 Kitsap Transit $20,792 Kitsap County $5,274 City of Bainbridge Island $5,061 City of Bremerton $5,396 City of Port Orchard $5,061 Pierce County $57,436 Pierce County $5,335 City of DuPont $5,091 City of Fife $5,183 City of Lakewood $5,213 City of Puyallup* $5,152 ' $10,000 City of Tacoma* $6,401 $10,000 City of University Place $5,061 Snohomish County $51,218 Snohomish County $5,244 City of Arlington $5,213 City of Edmonds $5,061 City of Lynnwood $5,213 $10,000 City of Marysville $5,122 City of Monroe $5,122 City of Mountlake Terrace $5,091 City of Mukilteo $5,152 City of Everett $6,066 $10,000 $16,066 Spokane County $47,833 Spokane County $5,274 City of Airway Heights $5,061 City of Liberty Lake $5,305 $10,000 City of Spokane $6,523 $10,000 City of Spokane Valley $5,670 Thurston Regional Planning Council $72,041 Thurston Regional Planning Council $40,000 Thurston County $5,061 City of Lacey $5,335 City of Olympia $6,036 $10,000 City of Tumwater $5,609 Total $260,000 $309,999 $150,000 $719,999 Page 3 of 6 GCA4567 -02 4. Amend Exhibit II, Scope of Work, Implementation of Commute Trip Reductions (CTR) Plans and Program, and Delete Section 1.1. Work to be Performed and replace as follows: 1.1. Work to be Performed 1.1.1. The county or city, whichever applies, has enacted a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94.521-.551. Said ordinance requires, for example, the submission of employee commuter surveys, employer annual reports, and other provisions for the tracking of certain vehicle miles traveled (VMT) and single occupant vehicle (SOV) commute trips, as well as provisions to assist in the reduction of VMT and SOY. Therefore, the CONTRACTOR agrees to implement a CTR program and to comply with all provisions of the applicable county or city ordinance, which is incorporated herein by reference and made a part of this AGREEMENT and this Scope of Work. 1.1.2. Local CTR Planning: The CONTRACTOR agrees to perform the following tasks within the jurisdiction of the City of Federal Way, located in King County, in accordance with RCW 70.94.527 and the deadlines and rules established by WSDOT: 1.1.2.1, Develop a local CTR plan, cOIlSistent with the land use and transportation elements of the local comprehensive plan, that includes: · A description of the local land use and transportation context; · Local program goals and targets for commute trip reduction in affected urban growth areas; · A measurement methodology for determining base year values and progress toward meeting goals and targets; · A description of local services and strategies for achieving the goals and targets; · A description of requirements for major employers; · Documentation of consultation; · A sustainable financial plan; · A description of the implementation structure and timeline; and · A description of any Growth and Transportation Efficiency Center (GTEC) plans or programs in the local jurisdiction. 1.1.2.2. Coordinate with neighboring jurisdictions and the Regional Transportation Planning Organization (RTPO) to ensure consistency in the local and regional CTR plans. 1.1.2.3. Submit the local CTR plan to the applicable RTPO by the date established by the RTPO and work in collaboration with the RTPO to develop any necessary changes to the local CTR plan before its submittal to the CTR Board for approval. 5. Amend Exhibit II, Scope of Work, Implementation of Commute Trip Reductions (CTR) Plans and Program, and add Section 2.8. Plauning Assistance to read as follows: 2.8. Planning Assistance 2.8.1. WSDOT will: Page 4 of 6 GCA4567 -02 . . 2.8.1.1. Provide the CONTRACTOR, or its eligible contracting partner(s), with access to model local CTR plans, model regional CTR plans, model GTEC plans, and a template for RTPO review of local CTR plans. 2.8.1.2. Provide technical assistance to the CONTRACTOR, or its eligible contracting partner(s), for local, regional and GTEC planning, if requested. 2.8.1.3. Provide the CONTRACTOR, or its eligible contracting partner(s), with state survey data, including the baseline survey data for employers and jurisdictions, 6. Amend Exhibit III, Progress Report Format and delete the table in item '3. Expenditures This period' and replace with the following: 3. Expenditures This Period Under 'Categories' listed below, indicate either the actual expenditures, or estimated expenses if actual costs for these categories are not known. List the actual total expenditures on the last line of the following table. Local Fiscal Year Other Fiscal Year Funds to Date Funds to Date State CTR Fiscal Year Spent on Local Spent on Other Funds To Date CTR Funds CTR Funds Spent State CTR Activities Spent on Activities Spent on Since Last Funds Since Last CTR Since Last CTR Cate20ries Report Spent Report Activities Report Activities Required Activities, $ $ $ $ $ $ including: 1. Notification of New Worksites 2. Administering CTR Surveys 3. Employer Annual Report Review 4. Exemptions and Modifications 5. Record Maintenance 6. Enforcement Employer Service Activities Employer Training $ $ $ $ $ $ Incentives $ $ $ $ $ $ Promotion and $ $ $ $ $ $ Marketing Guaranteed Ride $ $ $ $ $ $ Home Other (Specify) $ $' $ $ $ $ CTR Planning Activities Regional $ $ $ $ $ $ Local $ $ $ $ $ $ GTEC $ $ $ $ $ $ Totals $ $ $ $ $ $ Page 5 of 6 GCA4567 -02 . . . , 7. A copy of this Amendment to the AGREEMENT shall be attached to and made a part of the original AGREEMENT. Any references to the "AGREEMENT" shall mean "AGREEMENT as amended". 8. All other terms and conditions of the original AGREEMENT, not amended, shall remain in full force and effect. This document may be simultaneously executed in several counterparts, each of which shall be deemed original having identical legal effect. IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment the day and year last written below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACTOR By: Cathy Silins, Manager Public Transportation and Commute Options Office By: Title: Print Name: Who by this signature certifies their authority to execute this AGREEMENT on behalf of the CONTRACTOR. Date: Date: Page 6 of 6 GCA4567 -02 COUNCIL MEETING DATE: March 6, 2007 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007 Asphalt Overlay Project Bid A ward POLICY QUESTION: Should the Council award the 2007 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 26, 2007 CATEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~!':,~_~~9._~!~_'.:'_:_J.9J!.~M~!~ey" P '~~..~~~~~,!_~X~!~,!!l:~_,~,~~j~~~_~~g!,~~_~~_"J~~P!:__ Pl1.!?l!,~....y'y'g~~...._,___,_____________....___ Attachments: l.;UTC memo dated February 26th, 2007 Qp_t.,!~!l_~_~~_I.!~!~~!:~~"=',_____,_,....______,_,__,_..____..____,_,_......_,_,___....,____....__..____,___.._,,_______,,_,___,____,_..__,__.._..____________..__,_..,____ 1. a, Award Schedules A, B, C, D, H, and I of the 2007 Asphalt Overlay Project to Tucci and Sons, Inc. lowest responsive, responsible bidder, in the amount of $2,380,210.86 and approve a 10% contingency of $238,021.00, for a total of $ 2,618,231.86, and authorize the City Manager to execute the contract. If project funding allows, approve adding all or a portion of Schedule E, F or G back into the contract with the understanding that the total cost will not exceed the total funding available for this ~rogram. b. Authorize the transfer of $780,000 from Project (140) South 3481 at SR 161 Intersection Improvements project to the Overlay program. 2. Reject all bids for the 2007 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. 3. Do not award the 2007 Asphalt Overlay Project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. DIRECTOR ApPROVAL: t/MA.. Committee Council CITY MANAGER ApPROVAL: Council COMMITTEE RECOMMENDATION: Place Option 1 on the March 06,2007 Council Consent Agenda for approval. Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: HI move awarding Schedules A, B, C, D, H and I of the 2007 Asphalt Overlay Project to Tucci and Sons, Inc. in the amount of $2, 380,21 O. 86 and approve a 10% contingency of$238,021.00 for a total of $2, 618,231.86 and authorize the City Manager to execute the contract. All or a portion of Schedule E, F, or G may be added at a later date if project funding allows. I also move to authorize the transfer of $780,000 from Project (140) South 348111 St at SR 161 Intersection Improvement project to the Overlay program ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: February 26, 2007 Land Use and Transportation Committee Neal Beat, City Manager John Mulkey, P.E., Street Systems Project Engin1e~ 2007 Asphalt Overlay Project Bid A ward BACKGROUND: Three bids were received and opened on February 14,2007 for the 2007 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc. with a total bid of $3,335, 173.60, AVAILABLE FUNDING: The budget for the 2007 Asphalt Overlay Project is $3,009,347 and is comprised of the following: 2007 Overlay Budget 2007 Structures Budget 2006 Carry Forward Transfer from project 140 (SR 18 @ SR161) Total Funding Available $2,039,000 $131,267 $59,080 780,000 $3,009,347 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION A 1 st A venue South B Redondo / Marlbrook C , Wildwood D West Campus E Westway F Alderdale G Crown Point H Evergreen Estate I SR 18 at SRl61 J LUD Manhole Adjustment ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: AMOUNT $373,665.31 $357,882.95 $440,984.30 $402,738.20 $288,116.14 $485,166.60 $123,010.00 $170,020.75 $634,919.35 $58,670.00 $3,335,173.60 10% Construction Contingency Pavement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising ESTIMATED TOTAL PROGRAM COST: $333,517.36 $25,000.00 $75,000.00 $86,954.00 $75,804,00 $3,500.00 $3,934,948.96 February 26, 2007 Land Use and Transportation Committee 2007 Asphalt Overlay Project - Bid A ward Page 2 In order to stay within budget it is recommended that Schedule "E" (Westway), Schedule "F" (Alderdale), and Schedule "G" (Crown Point) be deleted from the project as well as deleting Schedule J (Lakehaven Utility District Manhole Adjustments) at the request of Lakehaven Utility District, and a contract amount of $2,380,210.86 be awarded to Tucci and Sons, Inc. All or a portion of Schedule E, F or G may be added back into the contract if project contingency fund was available. cc: Project File k:\lutc\2007\02-26-07 2007 asphalt overlay project- bid award,doc "' (ij<{ 'j5 ~ .., - . " IV IV iii~~ o :J 2f- "' .~ <( ~~ N"C C "O.f:,g iii~g "(;) os; Q) 0 'liju ...J o I: -;;.~ ~ !i "WI!! iiils ~~ J;M .. Cl ... Cl () N W 'ot .., ~ 0 > II: IL II: > :;:~ < ~II: ...J '10 II: "w ~ ~LL Ow 0 Z... ... 10< ...J LLC < II:C) :I: IL Z ^ VI Z ! ^ < w Q) I .. IL E Cl 0 Cl IV N 0 Z I in (; I: ~.g > B 0 ...J Q) fti ~ "' w I!! 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