08-10360811 CITY OF
� Federal
September 16, 2008
CITY HALL
�� 33325 8th Avenue Bo
Mailing Address: POO Sox 9718
Federal Way, WA 98063-9718
(253) 835-7000
www. cityoffederalway. com
r
Mr. Dan Balmelli
Barghausen Engineering
18215 72nd Avenue South
Kent, WA 98032
Re: File #08-103608-00-PC, PREAPPLICATION CONFERENCE SUMMARY
Lowe's Building Modification; 35205 Enchanted Parkway South, Federal Way
Dear Mr. Balmelli:
Thank you for participating in the preapplication conference with the City of Federal Way's Development
Review Committee (DRC) held August 21, 2008. We hope that the information discussed at that meeting
was helpful in understanding the general requirements for your project as submitted.
This letter summarizes comments given to you at the meeting by the members of the DRC. The members
who reviewed your project and provided comments include staff from the City's Planning and Building
Divisions and Public Works Department, and representatives from Lakehaven Utility District and South
King Fire and Rescue. Some sections of the Federal Way City Code (FWCQ and relevant information
handouts are enclosed with this letter. Please be advised, this letter does not represent all applicable
codes. In preparing your formal application, please refer to the complete FWCC and other relevant codes
for all additional requirements that may apply to your project.
The key contact for your project is Senior Planner Joanne Long -Woods, AICP (253-835-2640, or
ioanne.long-woods(a.cityoffederalway.com). For specific technical questions about your project, please
contact the appropriate DRC representative as listed below_ Otherwise, any general questions about the
preapplication and permitting process can be referred to your key contact.
PROJECT DESCRIPTION
Remodel an existing 110,025 square foot building to change the use from a warehouse building to a big
box retail facility by redesigning and reducing the size of the building to approximately 80,465 square
feet, redesign and reconstruction of the entrance fagade, and redesign and reorientation of parking lot with
the addition of 143 additional spaces. The project will include demolition of a portion of the building,
redesign of the entrance, redesign of the parking lot, relocating existing detention pond to an underground
vault, and redesign of the landscaping. As far as we know, the vehicular and building access will retrain
the same.
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MAJOR ISSUES
Outlined below is a summary of the major issues of your project based on the plans and information
submitted for preapplication review. These issues can change due to modifications and revisions in the
plans. These major issues only represent comments that the DRC consider most significant to your project
and do not include the majority of the comments provided. The major issues section is only provided as a
means to highlight critical requirements or issues. Please be sure to read the entire department comments
made in the next section of this letter.
Planning Division
1. Parking area requirements are determined by proposed uses within the building. The application
must detail all proposed uses in the building to assess required parking spaces.
2. New parking design must incorporate pedestrian access to building and circulation throughout
parking area.
3. Redesign of fagade must adhere to design guidelines located in the FWCC.
Public Works Development Services Division
1. If 5,000 square feet of new impervious area is created, Level 2 flow control requirements shall be
met.
2. The City anticipates adoption of new stormwater regulations in 2009. The project will be vested
to the regulations in place at the time a land use application is deemed "complete" by the City.
• Public Works Traffic Division
1. A Transportation Concurrency permit application may be required. Additional information is
needed about the proposed uses to determine trip generation.
2. It seems the proposal will not exceed the 25 percent threshold for requiring frontage improvements.
DEPARTMENT COMMENTS
Outlined below are the comments made by the representatives of each department present at the
preapplication conference. Each section should be read thoroughly. If you have questions, please contact
the representative listed for that section.
PLANNING DNI5m (Senior Planner Joanne Long -Woods, AICP, 253-835-2640, joanne.long
woodskcitvoffederalway.coml
Land Use Review Process — The zoning of the subject site is Commercial Enterprise (CE). This
zoning classification permits retail businesses, including big box retail. A Process III land use
approval and SEPA review is required to remodel an existing 110,025 square foot previously
approved warehouse building by demolition of a portion of the building to reduce it to 80,465 square
feet; redesign and reconstruction of the entrance fagade, redesigning and increasing the parking lot
by reorienting the parking stalls and adding 143 new spaces; and redesigning the landscaping.
The site plan must identify all proposed uses of the building and all areas of the site. The site plan
must show proposed fapade changes with both front and side views with elevations identified.
Enclosed areas for storage or waste disposal must be clearly shown on the site plan in accordance
with FWCC requirements. Please submit a written description of current and planned future uses of
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all areas within the remodeled building and all planned activities for all portions of the site, including
hours of operation of each use. If multiple uses are proposed, submit a preliminary floor layout of all
the areas identified with dimensions of each area clearly marked.
With the application, the applicant shall provide a written response identifying how the proposed
project meets the Use Process III decisional criteria of FWCC Chapter 22.
l ) It is consistent with the comprehensive plan;
2) It is consistent with all applicable provisions of this chapter and all other applicable
laws;
3) It is consistent with the public health, safety and welfare;
4) The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal; and
5) The proposed access to the subject property is at the optimal location and
configuration for access.
2. State Environmental Policy Act (SEPA) — SEPA review is required to for a building exceeding 4,000
square feet and having parking for more than 20 vehicles. An environmental checklist must be
submitted with the application. Please be aware that, as always, the City will evaluate environmental
impacts and consider SEPA procedural options ranging from issuance of a determination of
nonsignificance to a determination of significance, in which case an Environmental Impact
Statement would be required.
3. Public Notification — Public notice, including mailing to adjacent property owners (300-foot radius),
publication, and site posting, is required. Two sets of mailing envelopes addressed to each property
owner within 300 feet of the site are required. Provide a map showing the 300-foot radius and a list
of the property owners within 300 feet. Please refer to the enclosed handout regarding public notice
mailing procedures.
Application Fees — The project, as proposed, requires the following land use application fees (other
fees for building permits and Public Works review and inspection are required):
Process III $2,852.00
SEPA $903.50
Total $3,755.50
6. Setbacks and Lot Coverage — Pursuant to the FWCC for the CE zone, the minimum front setback is
five feet; and the side and rear setbacks are also five feet. No maximum lot coverage is required in
the CE zone.
7. Height —Maximum height is 40 feet above average building elevation; it can go up to 55 feet if the
criteria listed in the FWCC for the CE zone are met.
8. Parking — Parking lot spaces are determined by the proposed uses within the building in accordance
with FWCC Sections 22-861-875. For instance, parking requirements for retail uses are 1 space per
300 square feet. However, if manufacturing is proposed, the requirement would be 1 space per 1,000
square feet of building size. Standard size parking stalls are 8.5 feet by 18 feet, with a 25.5 foot -wide
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two-way drive aisle. Compact stall spaces are 8 feet by 15 feet. Up to 25 percent of parking stalls
may be compact size. We can verify the parking spaces once we know what the specific uses will be.
9. Perimeter Landscaping — The redesign of the building and parking area requires compliance with
current landscaping requirements for the new use. Type III landscaping five feet in width shall be
installed around the perimeter of the parcel. Additionally, parking areas located adjacent to right-of-
ways shall install parking area screening landscaping pursuant to the requirements of FWCC Section
22-1567(e), by incorporating berms and/or additional shrub plantings.
10. Interior Pat -king Lot Landscaping — Twenty-two square feet of interior lot landscaping, per parking
space, must be provided in accordance with FWCC Section 22-1567, "Parking Lot Landscaping."
The site plan must list the specific size of each landscape island proposed for interior parking lot
landscaping in order to verify the required square footage is provided. Landscape islands must be a
minimum width of six feet between stalls and at the ends of all rows. Lighting fixtures shall not
displace any required interior parking lot landscaping.
11. Community Design Guidelines — The subject proposal must comply with the design guidelines
contained in the FWCC. Please provide a written narrative in conjunction with the Process III
application identifying how the proposal complies with each of the applicable design guidelines, as
outlined in the FWCC and summarized above. The narrative should explain the changes to the new
facade and how it meets the design criteria outlined in the code, where and how pedestrian access to
the parking area and/or the public right-of-way will be provided, and what landscaping changes will
be made for the overall site. When all the proposed uses are identified and the project is ready to go
forward to the design stage, you may want to schedule an additional meeting with staff to review
specifics of the proposal before the formal application is submitted.
PUBLIC WORKS DEVELOPMENT SERVICES DIVISION (Engineering Plans Reviewer Ann Dower, 253-
835-2732, ann.dowerCcr�.cit-y ffederalway.comi
Land Use Issues — Stormwater
Surface water runoff control and water quality treatment is currently required per the 1998 King
County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the
1998 KCSWDM. The following comments are based on the 1998 KCSWDM. Staff anticipates
adoption of new stormwater manual, perhaps as early as the beginning of 2009. Applications are
vested to the requirements that are in place at the time the application is deemed "complete" by City
staff. If an application has not been made, or the application is made but deemed "incomplete" prior
to adoption of the new manual, all regulations in the new manual shall apply.
2. This project meets the requirements for a Targeted Drainage Review. At the time of land use site
plan submittal, a preliminary Technical Information Report (TIR), addressing the relevance of the
project to the eight core and five special requirements of the KCSWDM, will be required. A Level 1
downstream analysis shall also be provided in the preliminary TIR. The City has 1" = 100', five-foot
contour planimetric maps that may be used for basin analysis.
3. The project lies within a Level 2 flow control area. If 5,000 square feet or more of new impervious
area is created, a flow control facility must be provided to meet the performance criteria for the new
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impervious area. In addition, the existing detention volume must be replaced in kind if the pond is
removed.
4. The project also lies within a Resource Stream Protection Water Quality Area. If 5,000 square feet or
more of new pollution -generating impervious area is created, or FWCC Section 22-337 is triggered
(see below). Water Quality Treatment shall be designed to meet the treatment criteria of the
Resource Stream Protection Menu. If existing facilities meet current standards, the engineer must
show that they are sized properly for the additional impervious area.
In addition to the KCSWDM, our initial review suggests that FWCC Section 22-337, "Nonconforming
Water Quality Improvements" applies to this site. Specifically, the following items are applicable:
"La. Redevelopment which involves the creation or addition of impervious surfaces
having an area of 5,000 square feet or more;
Lb. Redevelopment which involves the construction or replacement of a building
footprint or other structure having a surface area of 5,000 square feet or more, or which
involves the expansion of a building footprint or other structure by 5,000 square feet of
surface area or more;
1.c. Redevelopment which involves the repair or replacement of 5,000 square feet or
more of an impervious surface, when such redevelopment is not part of a routine
maintenance activity;
l .g. Redevelopment, other than normal maintenance or other than the tenant
improvements, but including any increase in gross floor area, in any one consecutive 12-
month period which exceeds 50 percent of the assessed or appraised value (whichever is
greater) of the structure or improvement being redeveloped. The applicant may provide an
appraisal of the improvement. The appraisal must be from a source acceptable to the City.
The Director may require the applicant to provide an appraisal from a second source
acceptable to the City if the assessed valuation appears to be inaccurate or inappropriate. If
more than one appraisal is provided by the applicant or required by the City, the greater of
the two amounts shall be used. For purposes of this determining value under this section,
improvements required pursuant to FWCC Sections 22-334 (nonconforming development),
22-336 (street/sidewalk improvements), 22-337 (nonconforming water quality
improvements) and 22-1473 (street/sidewalk improvements) shall not be counted towards the
50 percent threshold which would trigger application of this subsection."
Therefore, water quality treatment will be required for the entire site, including new and existing
pollution generating impervious surfaces. Treatment options must be selected from the Resource
Stream Water Quality Menu provided in the KCSWDM.
6. If infiltration is proposed, soil logs prepared by a licensed geotechnical engineer or septic designer
must be provided to verify infiltration suitability.
7. Detention and water quality facilities must be above ground (i.e. open pond). Underground facilities
are allowed only with approval from the City of Federal Way Stormwater Management Division.
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8. Show the proposed location and dimensions of the detention and water quality facilities on the
preliminary plans.
9. If more than one acre will be disturbed during construction, a National Pollutant Discharge
Elimination System (NPDES) permit may be required. Information regarding this permit can be
obtained from the Washington State Department of Ecology at 360-407-6437, or
ww,sv.egy.wa.gov/programs/sea/pac/index.html.
Right -of -Way Improvements
1. See the Traffic Division comments from Senior Transportation Planning Engineer Sarady Long for
traffic related items.
2. If new impervious area is created within the public right-of-way as a result of this project, treatment
and flow control requirements will apply.
Building (or EN) Permit Issues
1. Engineered plans are required for clearing, grading, road construction, and utility work. Plans must
be reviewed and approved by the City. Engineering review fees are $782.00 for the first 12 hours of
review and $65 per hour for additional review time. A final TIR shall be prepared for the project and
submitted with the engineering plans. Both the TIR and the plans will require the signature/seal of a
professional engineer registered/licensed in the State of Washington.
2. The Federal Way Development Standards Manual (including standard detail drawings, standard
notes, and engineering checklists) is available on the City's website at www..cilyoffederalwgy.com to
assist the applicant's engineer in preparing the plans and TIR.
3. The applicant shall provide a geotechnical report that addresses design pavement thickness for the
roadways.
4. Bonding is required for all improvements associated with the project. The bond amount shall be 120
percent of the estimated costs of the improvements. An administrative fee deposit will need to
accompany the bond to cover any possible legal fees in the event the bond must be called. Upon
completion of the installation of the improvements, and final approval of the Public Works
Inspector, the bond will be reduced to 30 percent of the original amount and held for a two-year
maintenance period.
The developer will be responsible for the maintenance of all storm drainage facilities (including the
detention and water quality facilities) and street systems during the two-year maintenance period.
During that time, the Public Works Inspector will make periodic visits to the site to ensure the
developer's compliance with the maintenance requirements. Upon satisfactory completion of the
two-year maintenance period, the remainder of the bond will be released. Maintenance for public
roads and subdivision drainage facilities then become the responsibility of the City. Maintenance for
private roads and drainage facilities, including short plats, remain the responsibility of the individual
property owners.
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6. When topographic survey information is shown on the plans, the vertical datum block shall include
the phrase "DATUM: N.G.V.D.-29" or "DATUM: K.C.A.S.," on all sheets where vertical elevations
are called out.
7. Drawings submitted for plan review shall be printed on 24" x 36" or 22" x 34" paper. All final
approved drawings shall be drafted/plotted on 24" x 36" or 22" x 34" mylar sheet with permanent
black ink. Site plans shall be drawn at a scale of V = 20', or larger. Architectural scales are not
permitted on engineering plans.
8. Provide cut and fill quantities on the clearing and grading plan. Erosion control measures per the
1998 KCSWDM Appendix D must be shown on the engineering plans.
9. The site plan shall show the location of any existing and proposed utilities in the areas affected by
construction.
PUBLIC WORKS TRAFFIC DIVISION (Senior Transportation Planning Engineer Sarady Long, 253-
835-2743, sara(lv.lonacitYoffederalway.com)
Transportation Impact Analysis
A concurrency permit will be required for this development project. The concurrency analysis
determines whether there is adequate roadway capacity to accommodate the proposed development
project. It provides the applicant an analysis of evening peak hour project impacts and identifies traffic
mitigation in the form of pro-rata share contributions towards transportation projects adopted in the
Transportation Improvement Plan (TIP). Please note that supplemental transportation mitigation may
be required if the proposed project creates an impact not anticipated in the six -year TIP.
2. At this time, staff is not able to determine the appropriate land use from the Institute of
Transportation Engineer Trip Generation 7t' Edition trip generation for the proposed big box retail.
Please provide additional information on the proposed use of the site.
Street Frontage Improvements
3. Based on available records and the submitted materials, it appears that this proposal does not meet
the 25 percent threshold criteria for requiring street frontage improvements as identified in FWCC
Section 22-1473. In addition, it appears frontage improvements for the subject property were
constructed as part of new Lowe's project.
Access and Traffic Circulation
4. WAC 468-52-040 limits access on state highways in Federal Way to access spacing of 250 feet
with only one access per parcel. Per FWCC Section 22-1543, Pacific Highway South is access class
"1," where left access may be permitted every 330 feet and left -out access is only permitted at
signalized intersections. The proposed access is acceptable.
5. Coordinate with the Washington State Department of Transportation (WSDOT) for comments.
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PUBLIC WORKS SOLID WASTE AND RECYCLING DIVISION (Solid Waste/Recycling Coordinator Rob
Van Orsow, 253-835-2770, robe cityoffederalway.com)
Solid Waste & Recycling Design Considerations
• Adequate space allocation for interior and exterior garbage, recycling, food waste, waste oil, yard
debris, hazardous waste, or biohazard collection containers. Minimum recycling space allocation is
established by FWCC Section 22-949.
• For basic solid waste and recycling needs within a single enclosure, clear interior dimensions measuring
10 feet deep by 20 feet across are recommended, along with a two -door swing -open or roll -open gate that
spans the front width of the enclosure. When gate doors are opened, no structure or hardware should
remain above grade across the enclosure opening. Gate pins/holes are preferred for holding gates in
closed and open positions to ease service access and maximize the life of gate hardware.
• Sites may require a larger enclosure, or multiple enclosures, to accommodate on -site user access and/
or additional waste types and containers.
• Plan for user access to interior waste and recycling storage areas/containers and to exterior containers
screened by enclosure(s).
• Plan for unobstructed, safe enclosure ingress and egress for service vehicles, directly in line with
enclosure openings. Allow appropriate turning radii for service vehicles, and minimize potential `blind
spots' during ingress and egress.
• Consider landscaping, setbacks, and screening requirements (based on FWCC Section 22-1564[d] & [e]).
■ Note that larger -scale commercial or multi -unit housing developments may see long-term savings
from the use of on -site waste compaction equipment. Planning for this equipment may require larger
enclosure dimensions, defined overhead clearances, consideration of power utility access, and
drainage management.
■ Mixed -use developments may also benefit from on -site waste compaction equipment. Additional
mixed -use development considerations include:
o Designated chutes and/or internal facility maintenance areas or services for tenants;
o Moving waste and recycling streams from interior units to collection areas; and
o Access by business tenants and/or residents to exterior waste and recycling areas.
Help with many design parameters related to service access is available via the City's contracted solid
waste services provider, Waste Management (Senior Route Manager John Davis, 206-786-4530 [cell]).
BUILDING DIVISION (Assistant Building Official Scott Sproul, 253-835-2633,
scoff.sproul@cityoffederalway.com)
International Building Code (IBC), 2006 edition
Washington State Amendments WAC 51-50*
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International Mechanical Code (IMC), 2006 edition
Washington State Amendments WAC 51-52*
Uniform Plumbing Code (UPC), 2006 edition
Washington State Amendments WAC 51-56 & WAC 51-57*
International Fire Code (IFC), 2006 edition
Washington State Amendments* WAC 51 -54
National Electric Code (NEC), 2007 edition
Accessibility Code ICC/ANSI Al 17.1-2003
Washington State Energy Code, 2007 WAC 5 1 -11
Washington State Ventilation and Indoor Air Quality Code, 2007 WAC 51-13*
*Current state amendments are dated July 1, 2007.
** As of January 1, 2002, the state amendments now require arc -fault interrupters for 15-20 amp
branch circuits serving sleeping rooms in dwelling units (R-1's).
Building Criteria
Occupancy Classification: M
Type of Construction: III-B
Floor Area: Existing building 110,025 — reduced to 80,465
Number of Stories: one
Fire Protection: Fire alarm and sprinkler system required
Wind/Seismic: Basic wind speed 85 Mph, Exposure_, 25# Snow load, Seismic Zone D-1
A complete building permit application and commercial checklist. (Additional copies of applications and
checklists may be obtained on our web site at: www.cityoffederalway.com.)
Submit five sets of drawings and specifications. Specifications shall include: —Soils report
x Structural calculations x Energy calculations x Ventilation calculations. Note: A Washington State
Registered architects stamp is required for additions/alterations (new or existing) of 4,000 gross floor area
or greater unless specifically listed as an "exempt" structure per the Revised Code of Washington (RCW).
Submit two copies with King County Health Department approval stamp for all projects that include
food service facilities, septic systems or other elements within the project that require health department
approval.
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Energy code compliance worksheets are required to be completed and included with your permit application.
A wet stamp and signature is required on all sheets of plans and on the cover page of any calculations
submitted.
Federal Way reviews plans on a first in first out basis; however, there are some small projects with
inconsequential review requirements that may be reviewed out of order.
Review Timing
The first comment letter can be expected within four to six weeks of submittal date. Re -check of plans
will occur in one to three weeks after resubmittal.
Revised or resubmitted plans shall be provided in the same format, size, and amount as the originally
submitted plans. Revised/resubmitted drawings shall indicate by means of clouding or written response,
what changes have been made from the original drawings. Plans for all involved departments will be
forwarded from Community Development Services.
Federal Way has an expedited review process. Information is available at our front counter.
Other Permits & Inspections
Separate permits may be required for electrical, mechanical, plumbing, fire suppression systems, and
signs. Applicants may apply for separate permits at any time prior to commencement of construction.
When required, special inspections shall be performed by WABO approved agencies or by agencies
approved by the building official prior to permit issuance. Construction must be approved by all
reviewing departments prior to final Building Division inspection.
All concerned departments (planning, public works, electrical, fire) must sign off before the Building
Division can final the structure for occupancy. Building final must be approved prior to the issuance of a
Certificate of Occupancy. The City of Federal Way does not issue temporary Certificate of Occupancies.
All construction projects may be required to have a preconstruction conference. If a precon meeting is
required, all subs, the general or representative, the architect or representative, the engineer or
representative, electrical contractor, and any other interested party, should attend this meeting. Meetings
will occur at the Building Division and will be scheduled by the inspector of record for the project.
Site -Specific Requirements
• A demolition permit is required.
0 A building permit is required/
0 See IBC chapter 3403 for "Additions and Alteration to Existing Buildings."
• Once the tenants or tenant are identified, the exiting system can be examined for code compliance.
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The information provided is based on limited plans and information. The comments provided are
not intended to be a complete plan review and further comments are possible at time of building
permit plan review.
LAKEHAVEN UTILITY DISTRICT (Brian Asbury, BAsbury@lakehaven.org, fax: 253-529-4081)
Water
t A Certificate of Water Availability (enclosed) will presumably be required to be submitted with any
land use and/or building permit applications. Allow 30 days to issue.
If any existing water distribution facilities are required to be relocated due to conflicts (landscape
trees, fences, more -than -minor grade changes above existing facilities, etc.) with existing Lakehaven
water main onsite, a Developer Extension Agreement will be required to construct new water
distribution facilities necessary for the proposed development. If only non -landscaped, sidewalk/
walkway is proposed over existing Lakehaven water main onsite, then a Developer Extension
Agreement will not be required and instead a Facilities Installation Agreement (use Pre -Design
application form) would be required for Lakehaven staff to install isolation gate valves as necessary.
Additional detail and/or design requirements can be obtained from Lakehaven by completing and
submitting a separate application to Lakehaven for either a Developer Pre -Design Meeting or a
Developer Extension Agreement (application copies enclosed). Lakehaven encourages the owner to
apply for either of these processes, separately to Lakehaven, early in the pre-design/planning phase to
avoid delays in overall project development.
• A separate water service connection application (enclosed) submitted to Lakehaven is required for
each new service connection to the water distribution system, or any modification to an existing water
service connection (e.g., larger service, abandonment of existing service[s), etc.), in accordance with
standards defined in Lakehaven's current `Fees and Charges Resolution'. Non -single-family
properties require separate domestic, irrigation and fire protection water service connections.
• Existing water meter and/or service, abandonment or protection, will be required for any on -site
building demolition. Please contact Lakehaven for further information regarding this issue.
■ The owner will be required to complete and submit a Water Use Questionnaire (WUQ, enclosed).
Information in the WUQ will be used by Lakehaven to determine specific backflow prevention
requirements.
• If required, the associated Developer Extension Agreement must achieve a point of either Substantial
Completion or Acceptance, as determined by Lakehaven, prior to activating any new domestic or
irrigation water service connection(s).
Sewer
A Certificate of Sewer Availability (enclosed) may be required to be submitted with any land use
and/or building permit applications. Allow 30 days to issue.
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A separate sewer service connection permit (enclosed) is required for each new connection to the
sanitary sewer system or any modification (re -align, abandon, etc.) to an existing sewer service
connection (existing sewer service record enclosed), in accordance with standards defined in
Lakehaven's current `Fees and Charges Resolution.' Minimum slope for gravity sewer service
connections is two percent. In addition to all other sewer service installation standards, installation of
a Type 1, 48-inch monitoring manhole is required on the private building sewer line, for all new or
modified non-residential connections.
■ The owner will be required to complete and submit a Sewer Use Survey (SUS, enclosed).
Information in the SUS will be used by Lakehaven to determine specific pretreatment requirements.
General
■ For any proposed change or increase in usage beyond the level of the water and/or sewer system
capacity previously purchased for the property(ies), Lakehaven researches prior system capacity
charges paid, if any, and evaluates the subject property(ies) for the existence of any available credits
and determination of a capacity `base level' for the subject property(ies). For any new or modified
non-residential connections sought after December 31, 2004, Lakehaven will assess additional
Capital Facilities Charges (CFC) to property owners, where increased usage of the water and/or
sewer systems beyond the property's `base level,' including increases attributable to usage associated
with existing service(s), is indicated based on owner's submittal of estimated water consumption
figures. Additionally, Lakehaven will levy, and the owner shall pay, a capacity rental charge for
capacity utilized, based on water consumption records, during a usage monitoring period (not to
exceed five years) above the level of capacity available following payment of any additional CFC
and/or new or modified service connections as noted herein. The owner has the option to make full
purchase of any system capacity deficit at any time.
Lakehaven's Capital Facilities Charges are calculated on the basis of Equivalent Residential Units
(ERU). Residential equivalency for non-residential connections will be estimated based on
anticipated water use (1 ERU = 255 gallons per day for water and 220 gallons per day for sewer). The
owner will be required to provide a reliable estimate of proposed water consumption (domestic and
irrigation) for the property (information from a similar facility may be submitted in lieu of a new
estimate). Lakehaven's 2008 Capital Facilities Charges are $3,000/ERU for water and $2,891/ERU
for sewer.
• Utility conflicts should be identified and coordination should occur as early as possible in the
planning process. The project will need to avoid encroachment with existing Lakehaven facilities and
easement(s). New perimeter landscape requirements may conflict with existing easement terms and
conditions, and if so, the owner should coordinate any required revisions with the City and
Lakehaven early in the pre-design/planning phase to avoid delays in overall project development.
■ All comments herein are valid for one year and are based on the proposal(s) submitted and
Lakehaven's current regulations and policies. Any change to either the development proposal(s) or
Lakehaven's regulations and policies may affect the above comments accordingly.
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SOUTH KING FIRE AND RESCUE (Chris Ingham, 253-946-7244, chris.ingham@southkingfire.org)
No comments at this time; will address sprinkler system and fire alarm modifications during building
permit review.
CLOSING
This letter reflects the information provided at the preapplication meeting and is intended to assist you in
preparing plans and materials for formal application. We hope you found the comments useful to your
project. We have made every effort to identify major issues to eliminate surprises during the City's
review of the formal application. The completion of the preapplication process in the content of this letter
does not vest any future project application. Comments in this letter are only valid for one year as per
FWCC Section 22-1657.
As you know, this is a preliminary review only and does not take the place of the full review that will
follow submission of a formal application. Comments provided in this letter are based on preapplication
materials submitted.
Modifications and revisions to the project as presented for this preapplication may influence and modify
information regarding development requirements outlined above. In addition to this preapplication letter,
please examine the complete FWCC and other relevant codes carefully. Requirements that are found in
the codes that are not addressed in this letter are still required for your project.
If you have questions about an individual comment, please contact the appropriate department
representative noted above. Any general questions can be directed to me at 253-835-2640. We look
forward to working with you.
Sincerely,
Joanne Long -Woods, AICP
Senior Planner
enc: Master Land Use Application
Process III Handout
Mailing Notice Handout
FWCC Chapter 18
FWCC Chapter 22, Article XVII, "Landscaping"
FWCC Chapter 22, Article XIX, "Community Design Guidelines"
Lakehaven Handouts
c: Will Appleton, Development Services Manager
Ann Dower, Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
Scott Sproul, Assistant Building Official
Brian Asbury, Lakehaven Utility District
Chris Ingham, South King Fire & Rescue
File #08-103608-00-PC Doc ID 46641
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT REVIEW COMMITTEE (CDRC)
Preapplication Conference Sign In Sheet
LOWE' S B UILIDNG MODIFICATION
Preapplicativn Conference
Name
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August 21, 2008
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CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DATE:
r
TO:
SUBJECT:
FILE NO:
PRE -APPLICATION NOTES
August 21, 2008
File
Lowe's Building Modification, 35205 Enchanted Parkway, So.
08-103608-00-PC
Proposal: Remodel an existing 110,025 sq. ft. warehouse building by removing a
portion of the building and reducing the size of the building to approximately 80,465 sq.
ft., redesign of the existing parking area, and adding 143 parking stalls. Project will
include demolition of a portion of the building, redesign and reconstruction of the
entrance to the building, redesign of the parking lot, relocating an existing detention pond
into an underground vault, and redesign of landscaping. Access will remain the same.
Current Zoning: Commercial Enterprise (CE). This zone permits retail business.
Comp Plan Desig: Commercial Enterprise
Lot Size: No minimum lot size
Setbacks: Front Yard— 5 ft.; Side and Rear Yards— 5 ft. or 20 ft. if next to
a residential zone.
Height: 40 ft. (can go up to 55 ft. if criteria in code are met)
Parking: 1/300 sq. ft. of building
Process: Process III with SEPA. (FWCC 22-867)
Cost = Process III ($2,852) + SEPA ($903.50) = $3,755.50
Procedures:
1. Master Land Use Application
a. Landscaping Plan — Landscaping required around perimeter of plat,
including five feet of Type III landscaping. If located next to residential
zone, then additional landscaping may be required. (Type II landscaping).
b. Landscaping for Parking Area — FWCC, Article (show pedestrian
circulation through parking area)
c. Community Design Guidelines — FWCC, Article XIX. Must adhere to
design guidelines for all developments, for this zone, including frontage
design, materials, etc.
d. Site Plan
i. Location of all building areas showing required setbacks
ii. Building elevations - 40' limit
iii. Total impervious lot coverage, by buildings & parking areas
iv. Location of any outside storage areas
v. Loading and Unload areas
vi. Location and screening of all waste areas
b. Environmental Checklist
•ll
CITY OF
ti Federal Way
August 7, 2008
Mr. Dan Balmelli
Barghausen Consulting Engineers
18215 72nd Avenue South
Kent, WA 98032
CITY HALL
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
Re: File # 08-103608-00-PC; PREAPPLICATION CONFERENCE NOTICE
Lowe's Building Modification, 35205 Enchanted Parkway South, Federal Way
Dear Mr. Balmelli:
The above -referenced proposal has been assigned to me as project planner. At this time, the application
has been routed to the members of the Development Review Committee. A meeting with the project
applicant and Committee has been scheduled as follows:
Thursday,) , 2008,10:00 a.m.
Hylebos Conference Room
City Hall, 2"d Floor
33325 81h Avenue, South
Federal Way, WA 98003
We look forward to meeting with you. Let me know if you will have more than five people attending the
preapplication meeting so we can make arrangements for a larger room. This will be the only notice
sent, so please coordinate directly with anyone else you would like to attend the meeting. Please contact
me at (253) 835-2640, or ioanne.lone-woods@cilyoffederalway.com, if you have any questions.
Sincerely,
Joanne Long -Woods, AICP
Senior Planner
C: File #08-103608-00-PC
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: August 4, 2008
TO: Will Appleton, Development Services Manager
Scott Sproul, Assistant Building Official
Brian Asbury, Lakehaven Utility District
Chris Ingham, South King County Fire & Rescue
FROM: Joanne Long -Woods
FOR DRC MTG. ON: August 14, 2008 - Internal
August 21, 2008 — With applicant
FILE NUMBER: (08-103608-00-PC)
RELATED FILE NOS.: N/A
PROJECT NAME: LOWE'S BUILDING MODIFICATION
PROJECT ADDRESS: 35205 Enchanted Parkway South
ZONING DISTRICT: Commercial Enterprise (CE)
PROJECT DESCRIPTION: Modification of existing building by changing from warehouse to big
box retail; relocation of storm pond to an underground vault; and
reconfiguration of the existing parking layout.
PROJECT CONTACT: Barghausen Consulting Engineers
Attn: Dan Balmelli
18215 — 72nd Avenue South
Kent, WA 98032
(425) 251-6222
MATERIALS SUBMITTED: Master Land use Application
Proposed Building Modification Plan
Existing Site Plan
Vicinity Map
Project Narrative
CIT
Federal Way
4k
REI V MSTER LAND USE APPLICATION
.PARTMENF OF COMMUNITY DEVELOPMENT SERVICES
33325 8`h Avenue South
JUL 3 0 2003 PO Box 9718
Federal Way WA 98063-9718
CITY OF FEDERAL WAY 253-835-2607; Fax 253-835-2609
www.ci lyo Ffcderalway.com
CDS
APPLICATION NO(S) T� 0E__ I 0`3 (0D F5_— cc
Project Name
Lowe's Building Modification
Pc Date 7/30/2008
Property Address/Location .3-5425"Enchanted Parkway South
Parcel Number(s) 2 9 210 4- 9 0 9 6
Modification -of existing building, relocation of storm pond
Project Description
o uncLerground vault ancL reconfiguration ot the existing
narking lavout.
'LEAS
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
Preapplication Conference
Process I (Director=s Approval)
Process II (Site Plan Review)
Process III (Project Approval)
Process IV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
CE-Comm. Enterprise Zoning Designation
CE Comprehensive Plan Designation
$12 K Value of Existing Improvements
$1-1 . 5 K Value of Proposed Improvements
International Building Code (IBC):
M Occupancy Type
III - B Construction Type
Applicant
Name: Dan Balmelli/Barghausen Consulting Enginee
Address:18215-72nd Avenue South
City/State: Kent, WA
Zip: 98032
Phone: (425) 251-6222
Fax: (425) 251-8782
Agent (if different than Applicant)
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Owner
Name: Lowe's Home Centers
Address: 1530 Faraday Avenue, Suite 140
City/State: Carlsbad, CA
Zip: 92008
Phone: (760) 804-5308
Fax: (760) 602-1018
Email: - r . manion@l wes . com
Signature �yti uyl \ v3
Bulletin #003 - August 18, 2004 Page 1 of 1 k:\Handouts\laster Land Use Application
Q'&4 R (�S
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CT"ryG EnrWO
RECEIVED
JUL 3 0 2008
CITY OF FEDERAL WAY
CDS
CIVIL ENGINEERING, LAND PLANNING, SURVEYING
LETTER OF TRANSMITTAL
TO: Ci�of Federal Way
Way
Department of Community Development Services
33325 - 8th Avenue South
Federal Way, WA 98063
RE: Lowe's Building Modification
DATE: July 30, 2008
SENT VIA: Courier Delivery
OUR JOB: 14042
Quantity
Date
Description
1 each
Pre -Application Conference Request
1 each
Master Land Use Application
7 each
Proposed Building Modification Plan
7 each
Existing Site Plan
7 each
Vicinity Map
7 each
Project Narrative
1 each
Check for Pre -Application Meeting Fee in the Amount of $440.00
Please process the enclosed plans and documents to schedule a pre -application meeting for the proposed Lowe's building
modification proposal. Please let me know the meeting date at your convenience. Thank y u.
/..2-- -
Signed:
cc: Jon Rinker, The Rinker Company Betsy Dyer
Daniel K. Balmelli, Barghausen Consulting Engineers, Inc. Project Administrator
18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX 14042t.001.doc
BRANCH OFFICES ♦ OLYMPIA, WA ♦ TACOMA, WA ♦ SACRAMENTO, CA ♦ TEMECULA, CA
www.barghausen.com
CIVIL ENGINEERING, LAND PLANNING, SURVEYING
PROPOSED EXISTING LOWE'S WAREHOUSE BUILDING MODIFICATION
PROJECT NARRATIVE FOR PRE -APPLICATION MEETING
BCE JOB NO. 14042
The existing Lowe's warehouse building is located at the southwest corner of SR 161 (Enchanted
Parkway) and South 352nd Street. The site area is approximately 5.89 acres and the tax parcel number
is 292104-9096. The site currently contains an existing 110,025 square foot warehouse building with
178 parking stalls, landscaping and a detention pond in the south east corner of the site.
The proposal is to modify the building entrance and remove a portion of the existing building to reduce
the building square footage to approximately 80,465 square feet. The proposed use of the modified
building will be big box retail. The existing detention pond will be relocated underground with a
wet/detention vault to replace the existing detention and water quality volumes. The modifications will
increase the available area for parking and 321 parking stalls are designed under this modification
proposal. Access to the site will be unchanged with one access from SR 161 (Enchanted Parkway) and
one access from South 352nd Street. Landscaping will be modified to meet the new building and
parking layout and designed and implemented per City of Federal Way standards.
REr,EIVED
JUL 3 0 2008
CITY OF FEDERAL WAY
14042.001 C ® c
18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX
BRANCH OFFICES ♦ OLYMPIA, WA ♦ TACOMA, WA ♦ SACRAMENTO, CA ♦ TEMECULA, CA
www.barghausen.com
S. 352ND STREET
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OF SOUTH 352ND STREET FOR AN ARC LENGTH DISTANCE OF 39 00 FEET
TIH tpiJG�i.A CENTRAL ANGLE OF 55-5I'48",
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THENCE -CONTINUING ALONG SAID WEST LINE AT SOUTH 01°26'07" WEST FOR A
P4STAINf✓E OF. 1,107 89 FEET TO THE PROPOSED NORTH MARGIN OF SOUTH 356TH
;ATREET-AND THE TRUE POINT OF BEGINNING,
THENCE �OUTH.53*42'3I" EAST ALONG SAID PROPOSED NORTH MARGIN FOR A
I3ISTAN E 4Frf 18.24 FEET TO:K'PQ1NT OF TANGENCY WITH A CURVE CONCAVE
TO,;THE NORTHE AST HA'�ING A FADIUS OF 24100 FEET,
f� NEE SD("JTI ERI':Y EAI '[' ?RLY`'A .ONG SAID CURVE AND PROPOSED
NORTil. MARGY F6R AN ;;ARC L; F,li6TH 3I TANCE OF 146 50 FEET THROUGH A
CENTRAL A1+IGEEjOF:34°49'43
THENCE CONTINUR4G ALONG &UD PRQMa ED NORTH MARGIN AT SOUTH
88°32'14" EAST, I' L-LEL-WITHTHO"GfE-TERLINE OF SAID SOUTH 356TH STREET
AND 55 50 FEET NORTHERLY THE"FkOM, AS,MEASURED AT RIGHT ANGLES, FOR
A DISTANCE OF 350.09.FEET TO A'PQIN'i'`[]F`- A?4GENCY :WlTH A CURVE CONCAVE
TO THE NORTHWEST HAVIN- G A RA[ DIUS-& 4150 FEET,
THENCE EASTERLY AND NORT'.
HERLY XLOXG SAID G tYE AND PROPOSED
NORTH MARGIN FOR AN ARC LENGTH DIS-TANCE'�' 53A 8 FEET THROUGH A
CENTRAL ANGLE OF 70003'05" TO A OI TT QN.. THE V'VE T ARG 1- OF 16THI:
AVENUE SOUTH,
THENC$' [OUTif%;Ql-21'50" WEST ALONG SAID, WEST N1ARGIN.F...(�-k ADISTANCE OF
12.52 FEET TQ THL NORTH MARGIN OF SOUTH 336TA STREET (JOIfN LIBO ROAD)
AS COIIVE ED TO:KING COUNTY BY DEED FILE I 13N EI : R Q1 I G NO 698902
AT A=POINT ON A VON -TANGENT CURVE CONCAVE TO THL No kT14WEST HAVING
A RAAD3I�S OF'38 56 FEET FROM WHICH A RADIAL LINE •OF��S `C.£3RVE BEARS
NGkTH--73°0'05":W.EST; '° ...
THEN(jE; $6UTR' PLLY AND. WESTERLY ALONG SAID CURVE AN6.I 6Pmi MARGIN
FOp:AN ARC LEr4GTK DISTANCE OF 50.20 FEET THROUGH A CENTRAL ANGLE OF
THENCE NORTH 8992' 14". VEST ALONG SAID NORTH MARGIN FOR A DISTANCE
OF 6 48 FEET;
THENCE SOUTH 41°27'A": WEST ALQNq SM., D NORTH MARGIN FOR A DISTANCE OF
7.17 FEET,
THENCE NORTH 88°32'14" WFSf ALONG�AI0 NORTH MARGIN FORA DISTANCE
OF 48.91 FEET;
THENCE SOUTH 8S°59'35" WigA�ONQ., $!D NGRTif-MARGIN FOR A DISTANCE OF
163 08 FEET,
THENCE NORTH 8803TI4" WEST ALONG,°SAID NORTH MARKPN FOR A DISTANCE
OF 145.84 FEET TO A TANGENT CURVE &0,N-C #V0TQ.THE NORTHE ST HAVING A
RADIUS OF 160.99 FEET,
THENCE WESTERLY AND NORTHERLY ALONIr SAll) CURVE AND ANOXTI -MARGIN
FOR AN ARC LENGTH DISTANCE OF 96 84 FEET THR.O? 3GR A,- ANGLE OF
34°28'00",
THENCE NORTH 54004'14" WEST ALONG SANORTH MAC rtjli, F�I� A.DIS�'A1 IGE
ID
OF 160 87 FEET TO THE WEST LINE OF THE EAST HALF OF THE'NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID.SECTION 29;
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EXHIBIT 13
THAT PORTION,017-THT EAST HALF OF THE NORTHEAST QUARTER OF THE
.A ORT'M-A'ST.f.-QUARTER OF SE&TON 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W
AN KING C"OUNW, *AS*ftNQ _TON, DESCRIBED AS FOLLOWS.
BEGINNING'AT THE NOR . THEAitlr_�OSAID SECTION 29,
THENCE NOR"88*3'58i ONG THR NORTH LINE OF SAID SECTION 29
"RTi'2.
FOR A DISTANCE ()0 653.43',&EET TO LINE OF THE SAID EAST HALF,
THENCE SOUT "6i-26.!.67".W-EST'AL0N_ 0 SAID WEST LINE FOR A DISTANCE OF 53 50
FEET TO THE PROIPO913DSOUTH WlA_RG_'[N"0F &OUTH 352ND STREET;
THENCE CONTXSOU-tif 0-1-2607" WEST FOR A
MM6 'Ad'ON6 SAID.,��T_ TINE T
DISTANCE OF 1197 59 FEET 't O'MBSO - Lrrtl MMGii4 OF �4 If 356TH STREET
(JOHN LIBO ROAD) AS CONVEY -El$ TCY'KJ'NGtbij_NT'Y Mr,:DEED FILED UNDER
RECORDING NO 698902 AND THBr.,,.Tg-i* POINT OF'bl�brNNINCY;_
THENCE CONTINUING ALONG SAEDWEST -fTKE AT $OUTfFb 1-2ft7" WEBTFQR A
DISTANCE OP;3.2 15 FEET,
THENCE `SOUTH :54004'14" EAST FOR A DIST&NCEbF ' 78.37—EI FE-To THU SOUTH
LINE 0#FI THNOkTHEAST QUARTER OF THE NOkTOEAT WA X
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THENCE SOUTH 8#'3214" EAST ALONG SAID SOUTH LINE FOR A--bl;�TA- N*CE OF
47 94 FEET TO TR9 SOUTH MARGIN OF SAID SOUTH 356tffqlR�Ef (19HN LB30
RqAE))_AT A `POII� TD_R ANON -TANGENT CURVE CONCAVF,-'TQ-TJiE NORTHEAST
H i A VU40 K� AD�j§ OF 220-.'.99 FEET FROM WHICH A RADIAL LR4t0FSAlD CURVE
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FOR AN ARC LP_NGTff'i)ISTA'NCE Oil 6 44 FEET THROUGH A CENTRAL ANGLE OF
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THENCE CONTINUJNQ-'ALONd SAlDJs__0tJTfl MARGIN AT NORTH 54004'14" WEST
FOR A DISTANCE OF 119 54 FEET TO TIE T5RV.ETOfNT OF BEGINNING_
CONTAINING2,833 SQUAft,FEEY, MOU OR L M","
SOUTH 356THSTREET RIGHT OF) AY-15tDICATION
THAT PORTION OF THE EAST HALF OF THE NORTHEAST. QUARTER' --OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP21 NORTH, -9-ANGE 4 EAST., W
M., IN KING COUNTY, WASHINGTON, DESCRIBEDk-S..E0LLOW.-$-:
BEGINNING AT THE NORTHEAST CORNER OF SAID SE&idN 29,
THENCE NORTH 88032'58" WEST ALONG THE NORTH LINE OF SAID SECTION 29
FOR A DISTANCE OF 653 43 FEET TO THE WEST LINE
OF THE NAUA,EAST RA'Ll"'.:
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CITY OF
Federal Way
DATE: February 21, 2006
TO: Lori Michaelson
FROM: Raid Tirhi
SUBJECT: LOWE'S OF FEDERAL WAY - (05-102169-00-SE)
35425 16TH AVE S
MEMORANDUM
Public Works Department
The following is the Traffic Division's response to the issues presented in the TIA amendment
prepared by Kittelson and dated February 13, 2006.
Trip Credit:
The City has already utilized the SEPA mitigation measures by the existing LOWE's building
(previously EAGLE) and current LOWE's patrons have benefited from such improvements. The
existing roadway conditions no longer support existing traffic conditions. Therefore, the City is
currently working on reconstructing the roadway network. Unfortunately, as long as the existing
building exists, the City can't impose any traffic mitigation measures or traffic impact fees on
new tenants especially if they do not generate more trips than what was previously mitigated.
The proposal of making a new tenant/owner pay approximately two hundred thousand dollars in
mitigation fees (for a second time) for an existing building unnecessarily puts the City as a third
party into a private transaction. It is questionable as to whether the City even has the authority to
transfer old SEPA mitigation of an existing building to a new building on a neighboring property.
We have reiterated the City's position regarding trip credit several times in our previous meetings
and phone conversations. We came to a verbal conclusion that the City can not provide such
credit. As a result, we agreed on a request for a 5% trip reduction for internal trips between the
existing and the new building. You have utilized the existing LOWE'S traffic volumes in the
2006 LOS analysis with and without the project. You utilized the existing LOWE'S volumes in
the denominator of the pro-rata share equation resulting in lower share percentages for the new
building. These assumptions indicate that the City has never agreed on granting the credit that
you are requesting now. With all due respect, to change the basis of the TIA at the end of the
process is unacceptable to City staff.
On the other hand, since both properties (existing and proposed Lowe's) are currently under the
same ownership, the City may provide trip credit for the portion of the existing building that will
be demolished. We mentioned this to you in our last meeting and such request should come from
you. Unfortunately, the plans do not show exact square footage of the proposed demolished area.
The assigned planner could not get the engineer or the architect to provide the size to me in a
timely manner. Therefore, in order to expedite the review of this project, I utilized the previously
agreed upon and approved trip generation figures (11 & 13). I deducted trips for the building
area to be demolished. I came up with 11,039 square -foot area utilizing the plans and King
County GIS existing building information. Please see the results of my calculations in the
attached mitigation spreadsheet and documentation.
Pro-Rata Share Contribution:
The City has already adopted the (2006-2011) 6-year TIP and is required to utilize the latest TIP
list instead of the proposed (2005-2010) TIP list. Please note that the February 13, 2006 TIA
amendment missed contributions for 4 TIP projects that were identified on the 2005-2010 list.
Following are the project ID numbers: 2, 6, 9, & 16. Please note that if the old list were correctly
utilized, the total mitigation would have been higher for the developer.
South 3561h Street Improvements:
There is a statement error in the last paragraph under the S 356"' Street improvements. In a
previous meeting, the Public Works Director Cary Roe indicated that since the developer will be
constructing 3/4 street frontage improvements on the S 356 Street project, resolving any arising
sight distance and queuing issues at the western access driveway and providing necessary off -site
tapers to allow for left turn into the western driveway, then LOWE's would be relieved from any
pro-rata share contributions only for project ID No. 19 listed in the 2005-2010 TIP. Please note
that there are two other separate projects: One on S 356 Street/SR-99 intersection (TIP ID No. 5)
and one on SW 356/21 Ave SW intersection (TIP ID No. 12) that must be mitigated.
SR 161 Improvements:
As discussed in April of 2005. The City had a concern regarding the proximity of the SR161
access driveway to the S 352"d Street intersection and the fact that you do not meet current access
management standards. You conducted an accident history analysis at the existing driveway and
the results were favorable. We ask you to indicate the following in the revised amendment:
As a condition of approval for this project, LOWE's may be required to construct turn lane
physical restriction(s) at the access driveway onto SR-161 within a 60-day notice from the Public
Works Director for roadway safety reasons. The improvements must be approved by the City
and possibly the Washington State Department of Transportation (WSDOT).
Parking Analysis:
In our latest communication we provided you with comments and asked for the parking analysis
update to be included in the TIA amendment. Unfortunately, our comments were ignored.
We hope you understand our position and authority specifically regarding the trip credit. If there
is a mathematical error in our pro-rata share calculations please let me know. Please revise the
TIA amendment to reflect the above comments. Thank you.
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AFTER RECORDING RETURN TO:
City of Federal Way
Attn: Ann Dower
33325 8t" Avenue South
Federal Way, WA 98003-6325
CONFORMED COPY
20130509001303
FEDERAL WAY CI AG—RER 77.00
PAGE-001 OF 006
05/09/2013 14:18
TRACT "X" AGREEMENT
Grantor (s): AMERCO REAL ESTATE COMPANY, a Nevada corporation
Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation
Abbreviated Legal Description: A ptn of the NE 1/4 , NE 1/4 of S 29, T21N, R4E, W.M., King
County, WA
Additional Legal Description: Exhibit "A" and "A-1"
Assessor's Tax Parcel ID# (s):292104 9096
I. RECITALS
1. AMERCO REAL ESTATE COMPANY, a Nevada corporation (the "Grantor'),is the
owner of property located in Federal Way, Washington and legally described in Exhibit "A"
attached hereto and incorporated herein by this reference (the "Property"). Grantor has applied
for site plan approval, grading and building permits needed to build modifications to the existing
building and add several outbuildings, permit #12-102610-CO (the "Project") on the Property;
and
2. THE CITY OF FEDERAL WAY, a Washington municipal corporation (the "City"),
has determined that a future road, shown in the Federal Way Comprehensive Plan as S 352❑d
Street, shall be constructed and that right-of-way across the northeast portion of the Property will
be needed for this road; and
3. In return for the City's approval of the Project, to avoid the need for Grantor to
construct improvements at this time, and to ensure that cumulative traffic impacts of the Project
will be adequately mitigated, the Grantor covenants and agrees as follows:
Page 1
II. COVENANTS, CONDITIONS AND RESTRICTIONS
l . Designation of Tract "X". Grantor hereby designates Tract "X" on the Property, as
legally described on Exhibit "A" and depicted on Exhibit "A-1" attached hereto and incorporated
herein by this reference.
2. Agreement to Dedicate Tract' X'. Grantor hereby covenants and agrees, for
itself, its successors, grantees, and assigns, to dedicate Tract "X" to the City of Federal Way for
right-of-way and street purposes at such time as the City determines in its discretion that Tract
"X" is needed for these purposes. A Statutory Warranty Deed in a form acceptable to the City,
and conveying Tract "X" to the City shall be executed by the Grantor, its successors, grantees, or
assigns, and shall be delivered to the City upon demand. The Statutory Warranty Deed shall
convey title subject to taxes and assessmcnts not yet due.
3. Encroachment into Tract "X".
3.1 No structures currently encroach into Tract "X". There shall be no encroachment
into "Tract X" by any structure.
3.2 The parties recognize that the Grantor has installed utilities and may install utilities
in the future to serve the Project. Some of these utilities are or may, in the future, be located in
the Tract "X". The Grantor covenants and agrees for itself, its successors, grantees and assigns to
remove or relocate any of said utilities that the City determines interfere with the construction of
City road improvements within the Tract "X".
4. Agreement to Participate in and Not. Oppose LID. For a period not to exceed ten
(10) years from the date of this Agreement, Grantor covenants and agrees, for itself, its
successors, grantees, and assigns, to participate in, and not oppose, protest, or challenge, the
formation of a Local Improvement District ("LID"), or the approval and execution of a
Latecomers' Agreement under Chapter 20, Article V of the Federal Way City Code and RCW
36.72.010, et seq., for construction of any road or street improvement project approved by the
City and designed to improve all or part of Tract "X". Timing of the formation, execution or
approval of said LID, Latecomers' Agreement, or other road or street improvement project shall
be determined by the City of Federal Way, in its sole discretion. To the extent permitted by state
law, the City shall reduce the assessment to the Grantor for the value of the Tract "X" dedication.
5. Utility Easement. Grantor conveys and warrants to the City a nonexclusive perpetual
easement over, under, along, across, and through Tract "X" to construct, operate, maintain, repair,
replace, improve, remove, enlarge, and use for one or more utility systems. At such time Tract
Page 2
is dedicated to the City, the rights granted herein affecting Tract "X" shall automatically
terminate.
6. Amendment of Covenants. Conditions and Restrictions. Grantor covenants and agrees
that this Agreement may be amended only with the proper written consent and agreement of both
Grantor and the City, and that Grantor shall take no action which would limit or otherwise affect
the rights of the City under this Agreement without the express written consent of the City. In the
event either of the parties desires to relocate the Tract "X" on the Property prior to dedication, the
relocation shall constitute an amendment requiring the written consent of the other party, which
consent shall not be unreasonably withheld.
7. Agreement t_oIndemnify,- Hold Harmless and Defend. Grantor covenants and agrees
to indemnify, hold harmless, and defend the City from and against any and all liability, claims,
damages, costs, expenses, including attorneys' fees, arising out of Grantor's breach of this
Agreement. This agreement to indemnify, defend and hold harmless shall survive delivery and
recording of the Statutory Warranty Deed and shall not merge in said Deed.
8. Authority. Grantor represents and warrants to the City that the Grantor has all of the
necessary power and authority to enter into this Agreement and to perform the obligations to be
performed by the Grantor hereunder, and the individual signing on behalf of the Grantor has full
legal authority to do so.
9. Remedies.
9.1 The parties acknowledge and agree that the rights provided to each of them under
this Agreement are unique. They further acknowledge and agree that, in the event of a breach by
either party of its obligations under this Agreement, any remedy at law would be inadequate and
that the other party would suffer irreparable harm as a result of such breach. Accordingly, each
party hereby agrees and consents to temporary and permanent injunctive relief and/or an order of
specific performance, without bond, in addition to money damages or other available relief in any
proceeding brought by a party to enforce this Agreement.
9.2 In the event of a breach of this Agreement, the aggrieved party may pursue any
remedy available under this Agreement or any other remedy or remedies available at law or in
equity concurrently or consecutively and in any order as to any such breach or violation, and the
pursuit of such remedies at any time shall not be deemed an election of remedies or waiver of the
right to pursue any of the other of such remedies.
10. Covenants, Conditions and Restrictions to Run With the Land. The covenants,
conditions and restrictions contained herein shall touch and concern the land and run with the
Page 3
land, and the rights and obligations granted herein shall inure to the benefit of and be binding
upon the parties' respective successors, grantees or assigns.
DATED THIS day of 011 2013
APPROVED AS TO FORM:
(W/ - a"9,rcie-
Patricia chardson, City Attorney
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA
AMERCO REAL ESTATE COMPANY
2727 N. Central Ave.
Phoenix, AZ 85004
602-263-6555
On this day personally appeared before me Carlos Vizcarra, to me known to be the President of Amerco Real Estate
Company, the corporation that executed the foregoing License, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN my hand and official seal this
K:\PW\Agreements`.Tract X Agreement.doc
Notary Public in and for the State of Arizona.
My commission expires
CORTNEY ERIN CFiTlZ
Notary Public - Arizona
Page 4 marieopa County
*MV Comm. Exglras fab
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EXHIBIT "A"
EXHIBIT
PARCEL NO, 292104-9096
RIGHT OF WAY DEDICATION
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A-, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 'A", SAID CORNER ALSO BEING ON
THE SOUTHERLY MARGIN OF SOUTH 352ND STREET.'
THENCE SOUTH 88° 32' 09" EASTALONG SAID SOUTHERLY MARGIN, 311,10 FEET TO AN ANGLE
POINT AND THE TRUE POINT OF BEGINNING,'
THENCE NORTH 85° 58' 56" EAST ALONG SAID SOUTHERL Y MARGIN, 110,87 FEET,•
THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY MARGIN ON A CURVE TO THE RIGHT WHOSE
CENTER BEARS SOUTH 01 ° 2751 " WEST, 28.00 FEET, AN ARC DISTANCE OF 44,06 FEET TO THE
WESTERLY MARGIN OF 16TH AVENUE SOUTH (SR 16 i);
THENCE SOUTH 019 36' 55" WEST ALONG SAID WESTERLY MARGIN, 14.60 FEET
THENCE NORTH 46` 59' 34" WEST, 51.08 FEET TO A LINE THAT IS 48.00 FEET SOUTH OF AND
PARALLEL WITH THE CENTERLINE OF SOUTH 352ND STREE T;
THENCE NORTH 680 32' 09" WEST ALONG SAID PARALLEL LINE, 155.39 FEET,•
THENCE SOUTH 01 ° 27' 51" WEST, 5.50 FEET TO A LINE THAT IS 53,50 FEET SOUTH OF AND
PARALLEL WITH THE CENTERLINE OF SOUTH 3521VD STREET,'
THENCE NORTH 88° 32' 09" WEST ALONG SAID PARALLEL LINE, 96.29 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 2,524 SQUARE FEET, MORE OR LESS.
PARCEL "A":
(PER PACIFIC NORTHWEST TITLE COMPANY ORDER NO. 698417, SUPPLEMENTAL REPORT NO. 1,
DATED AUGUST 13, 2009)
LOT 1, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NUMBER 06.102635-00-SU,
RECORDED UNDER RECORDING NUMBER 20070130900008, SAID BOUNDARY LINE ADJUSTMENT
BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON.
SURVEYOR'S NOrE':
THIS DESCRIPTION IS BASED ON RIGHT OF WAY PLANS
FOR SOUTH 352ND STREET EXTENSION (SR 161 to SR 99),
ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS.
No. 5 - 2921049096 ROW.DOC Page i o1 1
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'TAC:C MA- SEA-Ml
-3- PARCEL: 212104-9096
EXHIBIT "A -I"
NE 1/4, SEC. 29, T. 21 N., R. 4 E., W.M.
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RIGHT OF WAY DEDWCATION
WE: 4/28/10
-4- PARCEL: 212104-9096
INCUMBENCY CERTIFICATE
The undersigned, Secretary of Amerco Real Estate Company, a Nevada corporation (the
"Company"), hereby certifies that the following named individuals are duly elected, qualified
and acting officers of the Company, such individuals holding the offices set forth opposite their
respective names below as of the date hereof, the signatures set forth opposite their names below
are their true and authentic signatures, and that they are each authorized and empowered,
singularly, to execute any and all documents, contracts, agreements and instrument in connection
with any offer, purchase, sale, lease, closing, financing, loan assumption, disposition, easement,
condemnation, development, construction or use by the Company of any property or financing
owned by the Company or offered to be purchased, acquired or leased by the Company.
Name Title
Carlos Vizcarra President
Jennifer M. Settles Secretary
IN WITNESS WHEREOF, the undersigned has hereunto executed this Incumbency
Certificate as of f -C. 3 7-0r 3
rSecretary
The undersigned, Carlos Vizcarra, does hereby certify as ofY 1 3 Zt]
that he is the duly elected and presently incumbent President of the Company, Andin such
capacity does hereby certify that Jennifer M. Settles is the duly elected and presently incumbent
Secretary of the Company and is authorized to execute the Certificate above.
Name: Carlos izearra
Title: Presid nt
NC LIB 1 270231.2