05-106272 Ahh, CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way,WA 98063-9718
(253)835-7000
www.cityoffederalway.corn
January 5, 2006
Sadler/Barnard &Assoc., Inc.
Mike Luna
12714 Valley Ave E, Suite B
Sumner, WA 98390
RE: Permit#05-106272-00-SM;KIRK SHORT PLAT
*no site address* -Right-of-Way Modification Response
Dear Mr. Luna:
This letter responds to your December 2, 2005 requests to modify the following requirements
for the property under application:
1. Modification of Type "W" street improvements and Right-of-Way dedication for 24th
Avenue S abutting the property under application.
2. Waiver of the requirement to construct the Type "G" improvements for Military Road S
abutting the property under application.
Federal Way City Code (FWCC) Section 22-1474 allows the Public Works Department to require
street improvements along the frontage of new development, consistent with those
improvements required for Public roadways. FWCC Section 22-1477, Modification of
Improvements Along Property Frontage, allows the Public Works Director to grant a request to
modify, defer, or waive the required street improvements, after consideration of one of these
four specific reasons:
(1) The improvements as required would not be harmonious with existing street
improvements.
(2) Unusual topographic or physical conditions preclude the construction of the
improvements as required.
(3) Proper vertical or horizontal alignments cannot be determined because the existing
streets do not have correct alignment.
(4) The required improvement is part of a larger project that has been scheduled for
construction in the City's Capital Improvement Program.
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0
Specifically, your requested modifications fall under 1, 3, and 4 above.
1. The required street improvements for 24th Avenue S for the "W"cross section would include
28-feet of paved roadway, curb and gutter, four-foot planter strip with street trees, five-foot
sidewalk and a three-foot utility strip with streetlights, all within a 52-foot Right-of-Way.
After review of the existing conditions, plat and as-built information from the Armel
Addition, and in consideration of safe passage of vehicular traffic along that street, the
Public Works Department hereby modifies the required Right-of-Way dedication and
improvements along the property frontage as follows:
Completion of the "W" section, consisting of a right-of-way dedication of
sufficient width to contain a 28-foot pavement width, curb, gutter, four-foot
planter strip, five-foot sidewalk, and three-foot utility strip. Road section shall be
based on the existing face of curb location on the west side of 24h Avenue
South. Preliminary measurements based on the plat information, and assuming
a symmetrical cross section show this required Right-of-Way dedication to be 22-
feet additional along the frontage of the property. However, based on the as-
built information of Armel Addition, there would only be 20 feet of required
Right-of-Way dedication. It shall be the applicant's responsibility to show what
required Right-of-Way width will be required to contain the required
improvements by providing an existing detailed land survey showing the existing
improvements along with the proposed/required improvements. Right-of-way
dedication shall be conveyed to the City through a Statutory Warranty Deed and
must have dear title prior to recording.
Additionally, the Public Works Department will require a bond, or assignment of funds in lieu
of bond, for the required improvements, equal to 120% of the total estimated cost of the
improvements. Enclosed for your use in determining the bond amount is the City's Bond
Quantities Worksheet. Also enclosed for your completion, are the City's Bond Information
Sheet, Assignment of Funds in Lieu of Bond Information Sheet, and Bond Instruction
Handout. Please complete the appropriate Information Sheet, along with the completed
Bond Quantities Worksheet, at your earliest convenience. The Building Permit cannot be
issued until the Bond or Assignment of Funds has been executed.
2. The portion of frontage along Military Road S. will be improved with 2006-2011 TIP Project
#22. Therefore, based on criteria (4) above, the Public Works Department hereby waives
the requirement for this project to construct those frontage improvements, pursuant to the
following condition:
The applicant shall dedicate/deed up to 20 feet of property frontage along Military
Road S as Right-of-Way. Right-of-way dedication shall be conveyed to the City
through a Statutory Warranty Deed and must have dear title prior to recording.
The conditions of this Right-of-Way Modification will be applicable for one year from the date of
this letter. If a building permit is not issued within the one-year time limit, this Right-of-Way
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Modification will be void and a new request for modification must be submitted. If you have
any questions, please call Sean Wells, Senior Engineering Plans Reviewer, at (253) 835-2731.
Sincerely,
v___,.e_r_. NaK4z,_
Ken Miller, P.E.
Deputy Public Works Director
KM/SRW:su
Enclosure: Bond Worksheet
Bond Information Sheet
cc: Will Appleton, Development Services Manager
Andy Bergsagel, Planning Division
Maryanne Zukowski,Traffic Division
Project Fite/SRW
Day File
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12/16!2005 11:12 2538268136 SADLER BARNARD ASSOC PAGE 02
•
SADLER / BARNARD & ASSOC. , INC.
12714 VALLEY AVENUE EAST, SUITE "B"
SUMNER, WASHINGTON 98390-1522
PHONE(253) 826 - 8135
FAX (253) 826- 8136
TOLL FREE 1 - 888 - 941 - 1599
Ken Miller December 2, 2005
City of Federal Way
33325 8th Ave. S
Federal Way, Wa. 98063
Subj: Addendum to Van Kirk ROW for permit#05-106272-SM
Dear Mr. Miller,
In the permit review of this project the City has required the dedication of an additional 14 to 20
feet of right of way along Military Road South abutting our property, along with improvements
associated with the proposed Type G street cross section. We are requesting a right of way
modification to waive the installation of the improvements along this dedication. This modification
request is based upon the following conclusions:
1. If at this time the improvements are installed they would be entirely out of character with the
entire surrounding area and would not function safely. The dedication required to install the type
G cross section is 20 feet of additional land. The installation of the improvements at this point,
when none of the surrounding properties have installed improvements, would create a 10 foot
jog in the traveled lane, In no way can this function as a safe improvement
2. The City has identified this portion of Military Road South as a project scheduled for
construction in the City's Capital Improvements Program. The installation of the improvements
at this time would include adding on to the pavement, installing curb, gutter, sidewalk and
retaining walls. At the time the City installs the new improvements associated with the Capital
Improvement Project, all of these new improvements would be removed and replaced with the
same type of improvements. This would be an expensive duplication of effort.
In summary, we believe that the City should waive the installation of improvements along the
frontage of Military Road South. The right of way modification conditions stated in FWCC 22-1477 (1)
and (4) have been met in the following areas:
The requested improvements if installed would create a jog in the existing traveled lane of 10 feet. for
only a short distance. This change in right of way width and traveled lane poses a serious safety
hazard to any driver on this major arterial. This more than meets the requirement "The improvement
as required would not be harmonious with existing street improvements, would not function
properly or safely or would not be advantageous to the neighborhood or City as a whole"
The fact that Military Road South improvement project is on the City's Capital Improvement Program
outright meets the requirement for modification listed as item 4 "The required improvement is part
of a larger project that has been scheduled for construction in the City's Capital Improvements
Program,"
Thank you for your time in reviewing our request. If you should have any questions or wish to contact
me, please call 253-826-8135 ext. 105 or email me at mikeluna.sadlerbarnardAearthlink_net.
Sincere)
/..14.7.
Mike Luna
Planner
13/16/2005 11: 12 2538268136 SADLER BARNARD ASSOC PAGE 01
Sadler/Barnard & Associates Inc.
12714 Valley Avenue East, Suite "B", Sumner, WA 98390-1522
Phone(253) 826—8135 Fax(253) 826- 8136
Toil Free 1-888_941-1599
Surveying, Planning, Mapping
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12/07/2905 10:55 253826813 SADLER BARNARD A 3 PAGE 01
SADLER / BARNARD & ASSOC. , INC. RECEIVED
12714 VALLEY AVENUE EAST, SUITE`B" DEC 0 8 2005
SUMNER, WASHINGTON 98390-1522
PT-IONF (253) 826 - 8135 CITY OF FEDERAL WAY
FAX (253) 826- 8136 BUILDING DEPT.
TOLL FREE 1 - 888 - 941 - 1599
December 2, 2005
Ken Miller
City of Federal Way
33325 8th Ave. S
Federal Way, Wa. 98063
Subj: Van Kirk Residence Permit#05-105494-00-SF and future short plat
Dear Mr. Miller,
In the permit review of this project the City has required the dedication of an additional 22 feet of right of
way along 24tn Ave South abutting our property, along with associated dedications to taper into and match the
right of way on 286th St. We are requesting a right of way modification to allow for the road to be improved to a
48 foot right of way, mirroring the existing improvements on the west line of the centerline. This modification
request is based upon the following conclusions:
1. This lot is one of the three remaining lots in the area not to have been short platted, platted or
developed through a site plan at the County prior to incorporation. The plats of Laureiwood North 1,
2, and 3 and Armel Addition were platted in 1967 and 1968, respectively. These two plats created
the roads that serve as access to our lot. As they were created while a still a portion of King County,
the roads installed in these neighborhoods reflect the 48 foot road standard used by King County
during that time period. These roads service all but 1 of the 167 homes in this neighborhood. The
requirement to install half of a 52 foot right of way to provide a full road is not harmonious with the
developed neighborhood surrounding. The 48 foot road section predominate in this area provided
for a 5 foot landscape/planter strip, a 5 foot sidewalk and a 14 foot paved surface on each side of
the centerline. This is the exact opposite and slightly smaller than the improvement required by the
City in a cross section W street. By installing the improvements as required by the City, this lot
would be one of only two lots east of 20th Ave that would have the sidewalk separated from the curb
by a planter strip. The other lot referred to would be the vacant lot at the very end of the road, as
the lot between these two lots already has a home situated on it.
2. If the 52 foot width requirement is met along the frontage of our lot, there is very little possibility that
the additional right of way would ever be dedicated by all or most of the homes along this road to
20th Ave. There is even less of a possibility of moving the sidewalk along the frontages of all those
homes to match the City's current road design. Unless the City rebuilt the entire road, the only way
the additional width and the sidewalks could meet the current code is if each individual home owner
did it on their own during a redevelopment process. This will cause a unsightly and unsafe
patchwork of redeveloping sidewalks.
3. The required 52 foot street width would not provide for proper horizontal alignment of the proposed
improvement with the existing 48 foot road. The widened right of way would begin near the mid
point of the curve along 286th. From a driver's perspective there would be a 4 foot jog in the
sidewalk while turning. While this may not seem like a big issue, add fog, snow or any reduced
visibility condition and it could mean a lot to the safety of the driver and whoever happens to be on
the sidewalk at that time.
12/07/2005 10:55 253826813` SADLER BARNARD A"^C PAGE 02
In summary, we believe that the City should allow for 24th Ave to be improved to a 48 foot right of way,
mirroring the existing improvements on the west line of the centerline, rather than providing %street
improvements to meet the 52 foot cross section W requirement. This is a low traffic, well established
neighborhood that has only 2 lots left to develop. The right of way modification conditions stated in
FWCC 22-1477 (1) and (3) have been met in the following areas:
1.) The well established road improvements within the neighborhood, the lack of any future
development in the area being required to install these improvements and the fact that they
would not connect to any existing or future improvements of the same type more than meets
the requirement to show "The improvement as required would not be harmonious with
existing street improvements,..."
2.) The requested improvements would have to begin would be in the middle of a curve. This
change in right of way width and location of the sidewalk in a turn could be a dangerous
distraction for a driver in inclement weather conditions. This second issue meets the second
portion of the requirement "...would not function properly or safely or would not be
advantageous to the neighborhood or City as a whole"
3.) The insufficient right of way to install the required improvements along the remainder of 24th
Ave and 286th would also create a horizontal mis-alignment. With only rare redevelopment
occurring within this neighborhood in the coming 20 to 30 years, the full alignment would
never be fully realized. This meets requirement#3 in that "Proper vertical or horizontal
alignments cannot be determined because the existing streets do not have the
correct alignments."
Thank you for your time in reviewing our request. If you should have any questions or wish to contact
me, please call 253-826-8135 ext. 105 or email me at mikeluna.sadlerbamard@earthlink.net.
Sincere
M e Luna
Planner