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14-100496
M1 251h ry July 24, 2015 Jim Ferrell, Mayor Joe Taflin Pacland 11400 SE 8`' Street, Suite 345 Bellevue, WA 98004 RE: File 14-100496-UP; REVISED LAND USE APPROVAL Dear Mr. Taflin: The Community Development Department has completed administrative land use review of the revised site and landscaping plans for the proposed Performing Arts and Events Center (PAEC) located at 31510 20`h Avenue South. The proposal is for the construction of a 700-seat performing arts and conference/events center and associated site improvements, including surface parking, landscaping, plaza area, and stormwater facilities. The application was originally approved on January 5, 2015. A proposed revision to adjust the location of the facility, eliminate the hotel component, add additional parking and landscaping and make other adjustments to the site was submitted on May 19, 2015. The revision to the approved Process III Master Land Use (MLU) application approved January 5, 2015, is hereby conditionally approved based on the enclosed findings of fact (Exhibit A), incorporated into this decision in full, and the following conclusions based on those facts: 1. The proposal is consistent with the comprehensive plan; 2. The proposal is consistent with all applicable provisions of Federal Way Revised Code (FWRC); 3. The proposal 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; 5. The proposed access to the subject property is at the optimal location and configuration; and 6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. The remainder of this letter outlines the land use review process required for the project; summarizes the State Environmental Policy Act (SEPA) process; lists conditions of the land use decision; and provides other procedural information. This land use decision does not authorize initiation of construction activities. REVIEW PROCESS The site is within the City Center -Frame (CC-F) zoning district. Perfonning arts, conference and events centers, are permitted uses in this zone subject to the provisions of Federal Way Revised Code (FWRC) 19.230.050. The proposed use is reviewed under Use Process I11, Project Approval. 33325 8th Avenue South, Federal Way, WA 98003-6325 & (253) 835-7000 www.cityoffederalway.com Mr. Taflin July 24, 2015 Page 2 SEPA PROCESS The subject property is in the geographic area covered by the city's Planned Action Environmental Impact Statement (EIS). As such, environmental impacts associated with the project and potential mitigation measures have already been evaluated. The applicant submitted an abbreviated Planned Action SEPA checklist to verify the project was within the scope evaluated under the EIS. The city confirmed the project was within the EIS scope and issued a letter of approval on August 8, 2014. No further SEPA evaluation is required. CONDITIONS OF APPROVAL The following conditions are reasonably necessary to eliminate or minimize undesirable effects of granting application approval. 1. Prior to building permit approval, identify trash and recycling containers on the building permit site and landscaping plans. 2. Prior to building permit approval, the site and landscaping plan shall depict the following adjustments: a. Revise westerly pedestrian path closer to driveway to better facilitate southbound pedestrian access. -Retain a landscaped buffer between the driveway and the path. b. Revise the plans to facilitate a pedestrian connection from the existing south staircase on the adjacent TCIII site to the PAEC property. c. Revise the plans to show the sidewalk on the east end of S. 314th Street connecting to a walkable surface. 3. Prior to building permit approval, identify on the landscaping plan additional landscaping to screen the mass of the existing retaining wall along the south and west property lines. Revise the landscaping plan to include vertical plantings similar to those shown on the May 20"' submittal (plan date May 14) and wrapping around the southwest corner of the site. Additionally, identify a vine or trellis -style planting over the wall surface. 4. Now that the hotel is eliminated, parking spaces directly abut the right-of-way along S. 314"' Street and 201h Ave. S. Prior to building permit approval, the landscaping plan shall be revised to meet the requirements of FWRC 19.125.070(5)(a) with regard to screening parking areas from adjacent rights -of -way. 5. Prior to building permit approval submit street light plans for review. 6. Prior to building permit approval submit a drawing demonstrating that truck traffic can enter, maneuver and leave the site without encroaching into opposing traffic lanes or mounting curbs. 7. The driveway onto 20"' Ave. S. is limited to one-way traffic exiting the site to the right. 8. A signal modification including a westbound left -turn lane will be constructed at the 20' Avenue South and South 314th Street intersection. Final design shall be determined prior to building permit issuance. BUILDING PERMIT REQUIREMENTS This Process III land use decision does not constitute a building permit or authorize clearing/grading activities. APPROVAL DURATION Unless modified or appealed, the Process III decision is valid for five years from the date of issuance of the decision. Time extensions to the decision may be requested prior to the lapse of approval following 14-100496 Doc. ID. 70174 Mr. Taflin July 24, 2015 Page 3 the provisions listed in FWRC 19.15.110. The improvements must be substantially completed within the five-year time period or the land use decision becomes void. APPEALS The effective date of issuance is three calendar days following the date of this letter, or July 27, 2015. Pursuant to FWRC 19.65.120, this land use decision may be appealed by any person who submitted written comments, or any person who has specifically requested a copy of the decision. Any appeal must be in the form of a letter delivered to the Community Development Department with the established fee and within 14 days after the effective date of issuance of this decision, or August 10, 2015. The appeal letter must contain a clear reference to the matter being appealed and a statement of the factual findings and conclusion of the director disputed by the person filing the appeal. The Federal Way Hearing Examiner will hear any appeals of the Process III decision. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions and/or comments regarding this decision, please contact Planning Manager Isaac Conlen at isaac.con[enfaci offederalwa .coin, or 253- 835-2643. Sincerely, Michael A. Morales Community Development Director enc: Findings for Project Approval Approved Elevations c: Brian Wilson, Chief of Staff Tim Johnson, Economic Development Director Scott Sproul, Building Official Sarady Long, Senior Traffic Engineer Chris Ingham, South King Fire & Rescue Brian Asbury, Lakehaven Utility District 14-100496 Approved Site Plan Approved "Redlined" Landscaping Plan Will Appleton, PAEC Project Manager Isaac Conlen, Planning Manager Ann Dower, Senior Engineering Plans Reviewer Doc. I. D. 70174 Ak CITY OF Federal Way Exhibit A FiLt: Revised Findings for Project ,Approval Federal Way Revised Code (FWRC) Chapter 19.65, "Process III — Project Approval" Federal Way Performing Arts and Events Center, File #14-100496-00-UP The Planning Division hereby makes the following findings of fact pursuant to content requirements of the Process III written decision as set forth in Federal Way Revised Code (FWRC) 19.65.100(4). The findings document originally approved on January 5, 2015, is hereby amended to identify changes approved in the revised plans submitted on June 19, 2015 and approved on July 24, 2015. 1. Proposal — The applicant proposes construction of a 700-seat performing arts and conference/events center (PAEC) and associated site improvements, including surface parking, landscaping, plaza area, and stormwater facilities. 2. Comprehensive Plan & Zoning —The comprehensive plan designation and zoning for the subject site is City Center -Frame (CC-F). The CC-F zone allows performing arts and conference centers as outright permitted uses, subject to a Process III approval. 3. Project Site - The site is a 3.86-acre parcel located at the northeast corner of the intersection of 20tn Avenue South and South 316t' Avenue. The site is currently improved as a parking lot supported by large retaining walls along the south and west property lines. Vehicular access is from 20"' Avenue South and South 314ffi Street. 4. Easements — There is a 30-foot-wide utilities, ingress, and egress easement along the south 30 feet of the site. It is unlikely the grantee still has an interest given the extended time since granting and subsequent changes in ownership. This issue will need to be resolved either by confirming the easement is no longer effective, or by revising the site plan to accommodate access, prior to building permit issuance. State Environmental Policy Act (SEPA) — The subject property is in the geographic area covered by the city's Planned Action Environmental Impact Statement (EIS). As such, environmental impacts associated with the project and potential mitigation measures have already been evaluated. The applicant submitted an abbreviated Planned Action SEPA (PAS) checklist to verify the project was within the scope evaluated under the EIS. The city confirmed the project was within the EIS scope and issued a letter of approval on August 8, 2014. No further SEPA evaluation is required. 6. Required Yards & Height— Under FWRC 19.230.050, the PAEC use has the following bulk and dimensional requirements: Front setback: Zero feet minimum Side setback: Zero feet minimum Rear setback: Zero feet minimum Principal pedestrian right-of-way: Maximum of five feet Height; 65 feet (base height) The site has two principal pedestrian rights -of -way (316"' Avenue frontage and 20th Avenue frontage). Code calls for buildings adjacent to each of these streets to be set back no more than five feet, unless made impractical due to topographical or other constraints. The PAEC, however, does not comply with the five-foot setback provision as the large existing retaining walls along both street frontages eliminate the reason for placing the building in close proximity to the street (desirable to interface with the pedestrian environment). The larger setbacks are allowed at the director's discretion per FWRC 19.236.050 note 2, due to existing topography. All other setbacks are met. Height The proposed PAEC building measures 65.5 feet tall. The PAEC building exceeds the base height allowance of 65 feet by .5 feet. FWRC 19.230.050, note 1, allows building height to be increased where the following three criteria are met: a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and b. The proposed development will be consistent with applicable design guidelines; and c. The street utilities and other infrastructure in the area are adequate to support the proposed development. The criteria are met and a minor increase of .5 feet is allowed. 7. Landscaping — The project requires landscaping pursuant to FWRC 19.125. Perimeter landscaping is required along the east and north property lines and the portion of the west property line where parking abuts the right-of-way (north portion). The applicant is; however, proposing perimeter landscaping along all property lines. This landscaping will help to soften the appearance of the large existing retaining walls along South 316"' Street and 20"' Avenue South and the surface parking areas. The land use decision is conditioned to require that additional tree plantings be installed directly south and west of the existing on -site retaining walls and that vine plantings be installed on the walls. The applicant requests a landscaping modification to eliminate the required tree plantings in the required Type III landscape buffer along the east property line and substitute large shrub plantings instead. To approve the modification, the city must find that the request is consistent with the criteria of FWRC 19.125.100. Subsection (6) states, "If the property abutting the subject property is in the same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated upon approval of the Community Development Director, consistent with the standards of this title." In this case, the full five-foot dimension is provided. The applicant proposed to relocate the tree plantings to other landscaped areas throughout the site. This request meets the provisions of FWRC 19.125.100(6) and is approved. Additionally, the City has acquired the parcel to the east and the two sites will likely be developed to flow together and complement one another, thus negating the logic of establishing landscaping buffers between them. FWRC 19.125.070 requires 22 square feet of interior parking lot landscaping, per parking space. There are 180 parking spaces proposed. Therefore, 3,960 square feet of parking lot landscaping is Revised Findings for Project Approval Page 2 Federal Way Performing Arts and Events Center File #14-100496-00-UP/Doc. I.D. 70241 required. The applicant proposes 4,668 square feet of parking lot landscaping. Landscaping islands meet code requirement for spacing, size, and planting requirements. Final review of proposed landscaping will occur in conjunction with engineering and building permit review. Final landscape plans shall provide detailed planting plans indicating size, type, and location of all proposed landscape plantings. 8. Clearing and Grading Standards — Tree retention is not required in the CC-F zoning district. The existing retaining walls on the south and west perimeter of the site do not meet the requirements of FWRC 19.120.120(3)(a) and (7). The applicant has requested a modification to these provisions as allowed in FWRC 19.120.050. To approve the modification, the city must find that there are no feasible and reasonable alternatives to the clearing, grading, or tree/vegetation removal activity being proposed. The city finds there is no reasonable alternative to the retention of these features. These retaining walls are existing and serve to support the platform where the PAEC will be constructed. Removing these walls would require extensive grading and excavation and likely replacement with a series of stepped walls to achieve the same or similar finished grade on site (which is necessary given adjacent public road elevations). Stepping the walls would decrease the usable portion of the site and would further reduce the already insufficient amount of on -site parking available. It would not be reasonable to require removal of walls that must be replaced, given the limited benefit expected from doing so. The stepped walls would be more attractive, but would still have the effect of raising the building away from the sidewalk. The existing wall's aesthetic impact is proposed to be mitigated by installing tree and shrub plantings along their base and vine plantings directly on them to break up their mass and scale. The modification is hereby approved. The request complies with FWRC 19.120.050(1)(a), (b), and (c). 9. Parking — The proposed development includes 180 parking stalls. FWRC 19.230.050 states that parking for performance venues and conference centers is determined on a case -by -case basis. The applicant has submitted a traffic and parking study, which identifies a need for a maximum of3681 parking stalls for the proposed improvements. This maximum requirement will not typically be needed, but may be needed for the largest evening events, which are anticipated to occur no more than five times per year. More typical peak evening demand would be for 333 parking spaces. The current site plan shows 180 parking stalls on site. As such, depicted parking is not adequate to facilitate the maximum parking demand identified in the submitted parking study and falls short by 188 stalls. The applicant has procured shared parking agreements with the Walmart lot directly west of the site (93 stalls) and the Town Square Park site directly south of the site (30 stalls). The applicant will also provide shared parking in the amount of 80 stalls on the Town Square III parcel directly east of the site. The land use decision is conditioned to require these stalls be provided. With the 203 shared parking spaces the total parking provided for the facility is 383 stalls. This amount exceeds the maximum expected demand of 368 stalls. The compact spaces on the east side of the site are shown at 8.5 feet in width. The required width is 8.0 feet. It appears that a few additional stalls could be squeezed into this area. Given the overall 1 Staff arrived at this number by backing out parking demand assumed to be associated with the hotel in the original parking study as the hotel is no longer proposed as part. of this application. Revised Findings for Project Approval Federal Way Performing Arts and Events Center Page 3 File #14-100496-00-UP/Doc. I.D. 70241 parking situation we recommend adding additional stalls if possible. Compact stalls should be marked on the building permit site and landscaping plans. 10. Community Design Guidelines — The project meets the city's Community Design Guidelines of FWRC 19.115: Site Design The building is oriented towards the right-of-way, with surface parking. situated generally behind the building. New pedestrian pathways are added from 201h Ave. S. and S. 310' Street. An existing stairway on the adjacent property to the west provides pedestrian access from S. 316th Street. Pedestrian amenities, including a large landscaped plaza, featuring benches, trash and recycling facilities, decorative paving and lighting are incorporated into the design. Surface parking is adjacent to a portion of 20th Ave. S. and the entire on -site length of S. 314"' Street. FWRC 19.115.090(3)(a)(ii) states that surface parking and driveways may not exceed 40% of the linear frontage along a principle pedestrian right-of-way. 20th Ave. S. is a principle pedestrian right- of-way. Surface parking and driveways along that frontage do not exceed 40% of the frontage. S. 314th Street is not a principle pedestrian right-of-way. Building Design The building facades meet the requirements of FWRC 19.115.060(2) and 115.090(3) by incorporating faeade landscaping, pedestrian plazas, angled wall shapes, horizontal setback elements, varied roof heights, transparent glazing, color variations, and differing corrugation materials. The articulation requirements of FWRC 19.115.060(3) are satisfied by landscaped public plazas, setbacks, indentations, and material and color variations. The PAEC building is oriented to the south right-of- way as required by FWRC 19. 115.070. 11. Crime Prevention through Environmental Design (OPTED) — The Federal Way Police Department reviewed the application materials. Police staff has indicated that the project is well designed with regard to crime prevention. Additional lighting should be considered in the southwest landscaping area. Police staff also suggested that this would be an ideal location for one or more safe city cameras. 12. Garbage & Recycling — Adequate space is provided for garbage and recycling per FWRC 19.125.150. The garbage and recycling facilities are adequately screened from the right-of-way. 13. Stormwater — The project must meet requirements for redevelopment outlined in the 2009 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to this manual. Conservation Flow Control and Enhanced Basic Water Quality standards apply. A stormwater variance was approved to combine flows from the site's two subbasins on site, which under existing conditions combine 0.30 miles downstream of the site and eventually flow into Hylebos Creek drainage basin. Currently, an on -site detention pipe provides flow control for both this site and 1.19 acres of property upstream of the site. The pipe is sized to standards that were in place when the site was originally developed. The applicant proposes to replace it with a detention vault sized to meet 2009 KCSWDM standards for on -site flow control, with additional storage provided to match the existing level for the off -site acreage. Flow Control Best Management Practices (BMP's) will be required for the 1,160 square feet of impervious area that meet the KCSWDM definition of "target impervious surface." With site constraints such as fill soils, low infiltration rates, and large retaining walls, a lined bioretention Revised Findings for Project Approval Page 4 Federal Way Performing Arts and Events Center File #14-100496-00-UP/Doc. I.D. 70241 planter was determined to be the most practical BMP option. Water quality treatment will be provided for the entire site via a two -facility treatment train consisting of two storm filter devices. 14. Traffic — As a component of the Process III application, the applicant was required to undergo traffic concurrency analysis pursuant to the state Growth Management Act; goals and policies of the Federal Way Comprehensive Plan; and FWRC Chapter 19.90, "Transportation Concurrency Management." A Traffic & Parking Study prepared by Transpo Group was reviewed by the Public Works Traffic Division. Based on the submitted report, the development is expected to generate approximately 140 trips ("design capacity') to 179 trips ("high -activity") during the Weekday PM peak period. With trips credit from the previous/existing Toys R Us store of up to 207 Weekday PM peak period (ITE Trip Generation for Land Use 864, with assumed 10% pass -by), the development is not expected to generate any net new PM peak hour trips. As such, a Capacity Reserve Certificate (CRC) was issued by the Public Works Department on April 25, 2014. The Planning Division has determined that the project is located within the Planned Action SEPA (PAS) area and therefore, would be subjected to the mitigation measures from the EIS associated with the PAS. However, since the proposed use will not generate any net new trips during the PM peak period, there will not be any off -site mitigation associated with the proposed use. The project will have one right -out -only access point onto 201' Avenue South, and full access onto South 3141h Street. In addition, there will be pedestrian stairways from all three rights -of -way to the building. Traffic Division recommends the drop off area be re -configured to facilitate one-way traffic rather than two-way to reduce conflicts in that area. 15. Street Frontage Improvements — The yplicant wiiI construct half street improvements, including right-of-way dedication along South 314` Street and South 316`r' Street, consistent with a Type Q and Type L street, respectively. On South 314`h Street, the improvement shall consist of a 37.5-foot street with curb/gutter, 12-foot sidewalks, and decorative street lights. A signal modification, including a westbound left -turn lane, will be constructed at the 20th Avenue South and South 310 Street intersection. To accommodate these improvements, additional right-of-way of 38 feet will be dedicated. The applicant will also construct the north side of South 316th Street to include a 12-foot sidewalk and decorative streetlights. The driveway onto 20"' Ave. S. is limited to one way traffic exiting the site to the right. The applicant will need to install signage clearly directing motorists on use of this facility. 16. Consistency with Comprehensive Plan — The proposal is highly consistent with the Comprehensive Plan. Numerous goals and policies call for the re -development of the City Center Core and Frame with a mix of housing, retail and entertainment uses. The construction of the PAEC will provide an entertainment venue that will transform the existing site and that has the potential to lead to transformative re -development of surrounding properties. The following is a short list of example goals and policies: EDG9 Encourage and support the development of recreational and cultural facilities and/or events that will bring additional visitors to Federal Way, and/or increase visitor spending. Revised Findings for Project Approval Page 5 Federal Way Performing Arts and Events Center File #14-100496-00-UP/Doc. I.D. 70241 CCGI Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCP1 Support a concentration of uses within the City Center to create a financial, retail, business, civic, and cultural hub of Federal Way. CCP9 Promote the siting of cultural and civic uses within the City Center. The City should always consider City Center sites in siting analyses and decisions regarding potential civic and cultural uses that it develops. In addition, incentives should be explored that could attract cultural and civic uses over which the City does not have direct control. CCG16 Develop civic and cultural facilities in addition to a public space and park system within the City Center to meet the needs of residents, employees, and visitors. These facilities and spaces should connect to the Citywide and regional system of public spaces, parks, and trails. CCP31 Promote a diversity of public and privately funded recreational and cultural facilities throughout the City Center. Promote partnerships between the City and other agencies, private organizations, and individuals to develop and meet the needs of the community for these types of facilities. CCP38 Encourage shared parking between uses to maximize the use of available parking within the City Center. Vision (in part): A central gathering place for the community, the City Center, is where the whole community can congregate and celebrate. Civic and cultural facilities including a Performing Arts and Events Center, park and open -space system, meet the needs of residents, employees, and visitors. These amenities connect to the Citywide and regional system of open spaces, parks, and trails. Public and private projects contain such design elements as fountains, sculptures, and unique landscaping. Implementation Strategies: Develop major civic facilities in the City Center such as, Municipal Facilities, Performing Arts and Events Center, and parks, to generate social and economic activity. 17. Conclusion — As conditioned, the proposed site plan application and application attachments have been determined to be consistent with the Federal Way Comprehensive Plan, all applicable provisions of the FWRC, and with the public health, safety, and welfare. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal, and the access to the subject property is at the optimal location and configuration for access. The proposed development is consistent with Process IIl, Project Approval, decisional criteria required under FWRC 19.65.100(2)(a) and (2)(b). The proposed site plan and application attachments have been reviewed for compliance with the Federal Way Comprehensive Plan, pertinent zoning regulations, and all other applicable city regulations. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Isaac Conlen, Planning Manager Revised Findings for Project Approval Federal Way Performing Arts and Events Center Date: July 23, 2015 Page 6 File #14-100496-00-UP/Doc. I.D. 70241 CITY OF Federal January 5, 2015 Mr. Joe Taflin Pacland 11400 SE 8"' Street, Suite 345 Bellevue, WA 98004 CITY HALL 33325 8th Avenue South FederaWay l Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com COPY Re: File 414-100496-00-UP; LAND USE REVIEW APPROVAL Federal Way Performing Arts & Conference Center (PACC) & Hotel; 31510 20"' Avenue South Dear Mr. Taflin: The Community Development Department has completed administrative land use review of the proposed Performing Arts and Conference Center (PACC) and associated hotel located at 31510 20"' Avenue South. The proposal is for the construction of a 700-seat performing arts and conference center with a 120-room hotel and associated site improvements, including surface parking, landscaping, plaza area, and stormwater facilities. The Process III Master Land Use (MLU) application submitted January 31, 2014, and subsequent resubmittals of May 20, September 26, and November 18, 2014, is hereby conditionally approved based on the enclosed findings of fact (Exhibit A), incorporated into this decision in fill, and the following conclusions based on those facts: 1. The proposal is consistent with the comprehensive plan; 2. The proposal is consistent with all applicable provisions of Federal Way Revised Code (FWRC); 3. The proposal 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; 5. The proposed access to the subject property is at the optimal location and configuration; and 6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. The remainder of this letter outlines the land use review process required for the project; summarizes the State Environmental Policy Act (SEPA) process; lists conditions of the land use decision; and provides other procedural information. This land use decision does not authorize initiation of construction activities. Mr. Joe Taflin Paue 2 of 3 January 5, 2015 REVIEW PROCESS The site is within the City Center -Frame (CC-F) zoning district. Performing arts, conference center, and hotel uses are permitted in this zone subject to the provisions of Federal Way Revised Code (FWRC) 19.230.050. The proposed use is reviewed under Use Process III, Project Approval. SEPA PROCESS The subject property is in the geographic area covered by the city's Planned Action Environmental Impact Statement (EIS). As such, environmental impacts associated with the project and potential mitigation measures have already been evaluated. The applicant submitted an abbreviated Planned Action SEPA checklist to verify the project was within the scope evaluated under the EIS. The city confirmed the project was within the EIS scope and issued a letter of approval on August 8, 2014. No further SEPA evaluation is required. CONDITIONS OF APPROVAL The following conditions are reasonably necessary to eliminate or minimize undesirable effects of granting application approval. 1. Prior to building permit approval, identify on the site and landscaping plans site furnishings, including seating, trash/recycling receptacles, bike racks, etc., as well as final plaza improvements. 2. Prior to building permit approval, identify on the landscaping plan additional landscaping to screen the mass of the existing retaining wall along the south and west property lines. Revise the landscaping plan to include vertical plantings similar to those shown on the May 200' submittal (plan date May 14) and wrapping around the southwest corner of the site. I Prior to building permit approval, provide documentation of adequate off -site parking supply to meet maximum project parking demand. This may include lease or purchase agreements and/or shared use or similar agreements. 4. Prior to building permit approval, on the building permit site plan/landscaping plan/ elevations, identify treatment of existing retaining walls to include a combination of signage, textured or sand blasted finish, "green wall" treatment (climbing vines or similar), up -lighting, back -lighting, and accent lighting. 5. A signal modification including a westbound left -turn lane will be constructed at the 20`1' Avenue South and South 314t" Street intersection. Final design shall be determined prior to building permit issuance. 6. Design guideline review and final land use approval for the hotel will require submittal and approval of a separate Use Process I1 application. BUILDING PERMIT REQUIREMENTS This Process III land use decision does not constitute a building permit or authorize clearing/grading activities. File # 14-100496-00-UP Doe 1 D. 67572 Mr. Joe Taflin Page 3 of 3 January 5, 2015 APPROVAL DURATION Unless modified or appealed, the Process III decision is valid for five years from the date of issuance of the decision. Time extensions to the decision may be requested prior to the lapse of approval following the provisions listed in FWRC 19.15.110. The improvements must be substantially completed within the five year time period or the land use decision becomes void. APPEALS The effective date of issuance is three calendar days following the date of this letter, or January 8, 2015. Pursuant to FWRC 19.65.120, this land use decision may be appealed by any person who submitted written comments, or any person who has specifically requested a copy of the decision. Any appeal must be in the form of a letter delivered to the Community Development Department with the established fee and within 14 days after the effective date of issuance of this decision, or January 22, 2015. The appeal letter must contain a clear reference to the matter being appealed and a statement of the factual findings and conclusion of the director disputed by the person filing the appeal. The Federal Way Hearing Examiner will hear any appeals of the Process III decision. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions and/or comments regarding this decision, please contact Planning Manager Isaac Conlen at isaae.conlenoci offederalwa .cam, or 253- 835-2643. Sincerely, Larry 1~rdriier, A1CP Interim Director enc: Findings for Project Approval Approved Elevations Approved Site Plan Approved "Redlined" Landscaping Plan c: Brian Wilson; Chief of Staff Will Appleton, PACC Project Manager Tim Johnson, Economic Development Director Isaac Conlen, Planning Manager Scott Sproul, Assistant Building Official Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer Rob Van Orsow, Solid Waste and Recycling Coordinator Lindsey Tiroux, Crime Analyst / Prevention Specialist Chris Ingham, South King Fire & Rescue Brian Asbury, Lakehaven Utility District File 914-100496-00-UP Doc I D 67572 4 CITY OF T Federal Way Exhibit A Findings for Project Approval Federal Way Revised Code (FWRC) Chapter 19.65, "Process III — Project Approval" Federal Way Performing Arts and Conference Center, File #14-100496-00-UP The Planning Division hereby makes the following findings of fact pursuant to content requirements of the Process III written decision as set forth in Federal Way Revised Code (FWRC) 19.65.100(4). 1. Proposal — The applicant proposes construction of a 700-seat performing arts and conference center (PACC) with a 120-room hotel and associated site improvements, including surface parking, landscaping, plaza area, and stormwater facilities. 2. Hotel, Subsequent Submittal — Detailed elevation and other drawings were not submitted for the hotel. The hotel is approved in concept (number of rooms, approximate location), but not with regard to final design. A separate Use Process II application depicting details of hotel design must be submitted. The hotel design must be in compliance with city code and with the design guidelines in particular. 3. Comprehensive Plan & Zoning — The comprehensive plan designation and zoning for the subject site is City Center -Frame (CC-F). The CC-F zone allows performing arts, conference centers, and hotels as outright permitted uses, subject to a Process III approval. 4. Project Site — The site is a 3.86 acre parcel located at the northeast corner of the intersection of 20th Avenue South and South 316`h Avenue. The site is currently improved as a parking lot supported by a large retaining wall along the south and west property lines. Vehicular access is from 20`' Avenue South and South 314`h Street. 5. Easements — There is a 30-foot wide utilities, ingress, and egress easement along the south 30 feet of the site. It is unlikely the grantee still has an interest given the extended time since granting and subsequent changes in ownership. This issue will need to be resolved either by confirming the easement is no longer effective, or by revising the site plan to accommodate access, prior to building permit issuance. State Environmental Policy Act (SEPA) — The subject property is in the geographic area covered by the city's Planned Action Environmental Impact Statement (EIS). As such, environmental impacts associated with the project and potential mitigation measures have already been evaluated. The applicant submitted an abbreviated Planned Action SEPA (PAS) checklist to verify the project was within the scope evaluated under the EIS. The city confirmed the project was within the EIS scope and issued a letter of approval on August 8, 2014. No further SEPA evaluation is required. 7. Required Yards & Height— Under FWRC 19.230.050, the PACC and hotel uses have the following bulk and dimensional requirements: Front setback: Zero -feet minimum Side setback: Zero -feet minimum Rear setback: Zero -feet minimum Principal pedestrian right-of-way: Maximum of five -feet Height: 65-feet (base height) The site has two principal pedestrian rights -of -way (316" Avenue frontage and 20`h Avenue frontage). Code calls for buildings adjacent to each of these streets to be setback no more than five feet, unless made impractical due to topographical or other constraints. The proposed hotel complies with this provision. The PACC, however, does not comply with the five-foot setback provision as the large existing retaining walls along both street frontages eliminate the reason for placing the building in close proximity to the street (desirable to interface with the pedestrian environment). The larger setbacks are allowed at the director's discretion per FWRC 19.230.050 note 2, due to existing topography. All other setbacks are met. Height The proposed PACC building measures 65.5 feet tall. The proposed hotel building is proposed to be four stories and under the 65-foot height limit. The PACC building exceeds the base height allowance of 65 feet by .5 feet. FWRC 19.230.050, note 1, allows building height to be increased where the following three criteria are met: a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and b. The proposed development will be consistent with applicable design guidelines; and c. The street utilities and other infrastructure in the area are adequate to support the proposed development. The criteria are met and a minor increase of .5 feet is allowed. Landscaping — The project requires landscaping pursuant to FWRC 19.125. Perimeter landscaping is not required except for the east property line and the portion of the south property line where parking abuts the right-of-way (southeast portion). The applicant is; however, proposing perimeter landscaping along all property lines. This landscaping will help to soften the appearance of the large existing retaining walls along South 316'h Street and 201h Avenue South. The landscaping along the north property line will help soften the scale of the hotel building. The land use decision is conditioned to require that additional tree plantings be installed directly south and west of the existing on -site retaining walls. The applicant requests a landscaping modification to eliminate the required tree plantings in the required Type III landscape buffer along the east property line and substitute large shrub plantings instead. To approve the modification, the city must find that the request is consistent with the criteria of FWRC 19.125.100. Subsection (6) states, "If the property abutting the subject property is in the Federal Way Performing Arts &Conference Center and Hotel File 14-100496-00-UP / Doc 65138 Exhibit A — Findings for Project Approval Page 2 of 6 same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated upon approval of the community development director, consistent with the standards of this title." In this case, the full five foot dimension is provided. The applicant proposed to relocate the tree plantings to other landscaped areas throughout the site. This request meets the provisions of FWRC 19.125.100(6) and is approved. Additionally, the city has acquired the parcel to the east and the two sites will likely be developed to flow together and complement one another, thus negating the logic of establishing landscaping buffers between them. FWRC 19.125.070 requires 22 square feet of interior parking lot landscaping, per parking space. There are 166 parking spaces proposed. Therefore, 3,652 square feet of parking lot landscaping is required. The applicant proposes 4,036 square feet of parking lot landscaping. Landscaping islands meet code requirement for spacing, size, and planting requirements. Final review of proposed landscaping will occur in conjunction with engineering and building permit review. Final landscape plans shall provide detailed planting plans indicating size, type, and location of all proposed landscape plantings. 9. Clearing and Grading Standards — Tree retention is not required in the CC-F zoning district. The existing retaining walls on the south and west perimeter of the site do not meet the requirements of FWRC 19.120.120(3)(a) and (7). The applicant has requested a modification to these provisions as allowed in FWRC 19.120.050. To approve the modification, the city must find that there are no feasible and reasonable alternatives to the clearing, grading, or tree/vegetation removal activity being proposed. The city finds there is no reasonable alternative to the retention of these features. These retaining walls are existing and serve to support the platform where the PACC will be constructed. Removing these walls would require extensive grading and excavation and likely replacement with a series of stepped walls to achieve the same or similar finished grade on -site. Stepping the walls would decrease the usable portion of the site and would further reduce the already insufficient amount of on -site parking available. It would not be reasonable to require removal of walls that trust be replaced, given the limited benefit expected from doing so. The stepped walls would be more attractive, but would still have the effect of raising the building away from the sidewalk. The existing wall's aesthetic impact is proposed to be mitigated by installing landscaping, green wall elements, up -lighting, sandblasting finish, new pedestrian stairway, and signage to break up the mass and scale of the walls. The modification is hereby approved. The request complies with FWRC 19.120.050(1)(a), (b), and (c). 10. Parking — The proposed development includes 166 parking stalls. FWRC 19. 230.050 requires one parking space per hotel room and states that parking for ,performance venues and conference centers is determined on a case -by -case basis. The applicant has submitted a traffic and parking study, which identifies a need for a maximum of 4291 parking stalls for the proposed improvements. This ' The report indicates an assumption that PACC staff would be required to park off -site and thus does not appear to include staff parking in the total. The report does not indicate where PACC staff would park. Since all of the solutions include provision of Federal Way Performing Arts &Conference Center and Hotel Exhibit A — Findings for Project Approval File 14-100496-00-UP / Doc 65138 Page 3 of 6 maximum requirement will not typically be needed, but may be need for the largest evening events, which are anticipated to occur no more than five times per year. More typical peak evening demand would be for 330 parking spaces. The current site plan shows 166 parking stalls. As such, depicted parking is not adequate to facilitate the maximum parking demand identified in the submitted parking study and falls short by 263 spaces. The applicant acknowledges this and recognizes the need to provide additional parking. The applicant is exploring acquisition of additional parking spaces in proximity to the project site. Options include provision of parking on the adjacent city -owned parcel to the east, procurement of off -site parking on under-utilized adjacent privately owned parcels, and utilization of some of the parking provided at the Town Square Park site. Parking and/or lease agreements to facilitate the above mentioned off -site parking will need to be implemented. The land use decision is conditioned to require that a long term parking solution acceptable to the city be implemented prior to final building permit approval. 11. Community Design Guidelines — The project meets the city's Community Design Guidelines of FWRC 19.115: Site Design The buildings are oriented towards the right-of-way, with surface parking situated generally behind buildings. New pedestrian pathways and stairs are added from all three street frontages and pathways continue on -site to building entrances. Pedestrian amenities, including a large landscaped plaza, are incorporated into the design. Additional amenities will be depicted on the building permit plans. Building Design The building facades meet the requirements of FWRC 19.115.060(2) and 115.090(3) by incorporating fagade landscaping, pedestrian plazas, angled wall shapes, horizontal setback elements, varied roof heights, transparent glazing, color variations, and differing corrugation materials. The articulation requirements of FWRC 19.115.060(3) are satisfied by landscaped public plazas, setbacks, indentations, and material and color variations. The PACC building is oriented to the south right-of- way as required by FWRC 19. 115.070. 12. Crime Prevention through Environmental Design (CPTED) — The Federal Way Police Department reviewed the application materials. Police staff has indicated that the project is well designed with regard to crime prevention. Additional lighting should be considered in the southwest landscaping area. Police staff also suggested that this would be an ideal location for one or more safe city cameras. 13. Garbage & Recycling — Adequate space is provided for garbage and recycling per FWRC 19.125.150. The garbage and recycling facilities are adequately screened from the right-of-way. 14. Stormwater — The project must meet requirements for redevelopment outlined in the 2009 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to this manual. Conservation Flow Control and Enhanced Basic Water Quality standards apply. A stormwater variance was approved to combine flows from the site's two subbasins on -site, which under existing conditions combine 0.30 miles downstream of the site and eventually flow into Hylebos Creek drainage basin. off -site parking, presumably the staff would utilize this same off -site parking, and therefore, should be included in total parking counts. This issue should be addressed in the ultimate analysis once an off -site parking solution has been identified. Federal Way Performing Arts &Conference Center and Hotel File 14-100496-00-UP / Doc 65138 Exhibit A —Findings for Project Approval Page 4 of 6 Currently, an on -site detention pipe provides flow control for both this site and 1.19 acres of property upstream of the site. The pipe is sized to standards that were in place when the site was originally developed. The applicant proposes to replace it with a detention vault sized to meet 2009 KCSWDM standards for on -site flow control, with additional storage provided to match the existing level for the off -site acreage. Flow Control Best Management Practices (BMP's) will be required for the 1,160 square feet of impervious area that meet the KCSWDM definition of "target impervious surface." With site constraints such as fill soils, low infiltration rates, and large retaining walls, a lined bioretention planter was determined to be the most practical BUT option. Water quality treatment will be provided for the entire site via a two -facility treatment train consisting of two storm filter devices. 15. Traffic — As a component of the Process III application, the applicant was required to undergo traffic concurrency analysis pursuant to the state Growth Management Act; goals and policies of the Federal Way Comprehensive Plan; and FWRC Chapter 19.90, "Transportation Concurrency Management." A Traffic & Parking Study prepared by Transpo Group was reviewed by the Public Works Traffic Division. Based on the submitted report, the development is expected to generate approximately 183 trips ("design capacity") to 222 trips ("high -activity") during the Weekday PM peak period. With trips credit from the previous/existing Toys R Us store of 207 to 230 Weekday PM peak period (ITE Trip Generation for Land Use 864, with assumed 10% pass -by), the development is not expected to generate any net new PM peak hour trips. As such, a Capacity Reserve Certificate (CRC) was issued by the Public Works Department on April 25, 2014. The Planning Division has determined that the project is located within the Planned Action SEPA (PAS) area and therefore, would be subjected to the mitigation measures from the EIS associated with the PAS. However, since the proposed use will not generate any net new trips during the PM peak period, there will not be any off -site mitigation associate with the proposed use. The project will have one right -in and right -out access point onto 20'h Avenue South, and full access onto South 314th Street. In addition, there will be pedestrian stairways from South 316`h Street to the building. 16. Street Frontage improvements —The a?piicant will construct half street improvements, including right-of-way dedication along South 314' Street and South 316 Street, consistent with a Type Q and Type L street, respectively. On South 314'" Street, the improvement shall consist of a 37.5-foot street with curb/gutter, 12-foot sidewalks, and decorative street lights. A signal modification, including a westbound left -turn lane, will be constructed at the 20'h Avenue South and South 314'h Street intersection. To accommodate these improvements, additional right-of-way of 35 feet will be dedicated. The applicant will also construct the north side of South 316'h Street to include a 12-foot sidewalk and decorative streetlights. The sidewalk along the stairway connecting to the building will be reduced to 9 feet with no planter. 17. Conclusion — As conditioned, the proposed site plan application and application attachments have been determined to be consistent with the Federal Way Comprehensive Plan, all applicable provisions of the FWRC, and with the public health, safety, and welfare. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal, and the access to the subject property is at the optimal location and configuration for access. The proposed development is consistent with Process III, Project Approval, decisional criteria required under FWRC 19.65.100(2)(a) and (2)(b). Federal Way Performing Arts &Conference Center and Hotel File 14-100496-00-UP / Doc 65138 Exhibit A — Findings for Project Approval Page 5 of 6 The proposed site plan and application attachments have been reviewed for compliance with the Federal Way Comprehensive Plan, pertinent 7Dning regulations, and all other applicable city regulations. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Isaac Conlen, Planning Manager Date: January 5, 2015 Federal Way Performing Arts &Conference Center and Hotel File 14-100496-00-UP / Doc 65138 Exhibit A — Findings for Project Approval Page 6 of 6 11400 S.E. 8TH STREET `-�25.453.9501 SUITE 345 F 425.453.8208 BELLEVUE, WA 98004 WWW.PACLAND.COM November 14, 2014 Mr. Isaac Conlen, Planning Manager City of Federal Way 33325 8th Avenue South Federal Way, Washington 98003-6325 RESUBMITTED Nov 18 2014- CM OF FEDERAL WAY CDS Subject: Federal Way Performing Arts and Civic Center; Federal Way, Washington Land Use Process III Comment Response Letter #3 Dear Mr. Conlen, Thank you for your review of the Land Use Process III submittal for the Federal Way Performing Arts and Conference Center (PACC). We have received the 3`d round of City Use Process III review comments, dated October 31, 2014 (Planning Division), October 14, 2014 (Transportation Planning), and October 6 (Solid Waste & Recycling) and have revised the submittal documents accordingly. Within this letter we have included a compilation of City comments received and the corresponding design team responses. The numbering is per the original City comments received. We hope you find the resolution of the review comments acceptable. Please feel free to contact me with any questions or coordination items you have. PLANNING DIVISION (Isaac Conlen, isaac.conlen cit offederalwa .com 253-835-2643) Title Re ort Easements I am still having a tough time figuring out how proposed site improvements are interacting with existing/proposed easements. I did not receive a utility plan drawing or revised sheet C-1(Building- Easement Overlay Exhibit), with the last submittal. Please provide C-1 showing the revised proposal as well as the utility plan. Response: Sheet C-1 was originally included as an exhibit to show the existing and proposed easements. It was not intended to be part of the plan set and was not included in the last submittal since there were no revisions to the easements. With the revised site plan and utility layout, we have updated the exhibit and included it with the submittal package. ars'r Sag G , I . You have proposed to relinquish a PSE easement (8709140815, special exception item 7) and record a new easement to take its place. You have also proposed to re -located a portion of easement 8803280350. Please show new easements on utility plan and Building -Easement Overlay Exhibit (sheet C-1). Page 2 Mr. Isaac Conlen November 14, 2014 Response: We have updated the exhibit based on the current design and included it with the submittal package. Note that the PSE easement is approximate and will be established once the final ductbank routing to the site is finalized through the PSE design process. _4�Thirty-foot ingress/egress easement on south thirty feet of property. Still looking into this issue. Acknowledged. �he furniture located within the water easement along the south side of the site is acceptable according to Lakehaven Utility District staff, but may require an encroachment agreement. This issue can be addressed at the building permit stage. Acknowledged. Parking ",,5,--T'1ie most recent submittal identifies Town Square Park as supplementary parking to cover the current shortage of on -site parking at the PACC. This proposed site does not appear to be a dependable long term solution. First, the park has been popular so just assuming the maximum number of stalls needed will be available may not be realistic. Secondly, the City may choose to partner with a private sector developer to re -develop a portion of the site. If this happens, it is unlikely the ultimate build -out of the site would result in surplus parking spaces available for PACC customers. The park may be available on a shorter term basis for some portion of the needed parking. An agreement defining the availability of town square parking to the PACC property would be required. As previously indicated, the parking situation needs to be resolved prior to certificate of occupancy. Please continue to develop the parking plan. Acknowledged. Desian Guidelines 6. In my last review letter, I asked why the landscaping at the base of the retaining wall does not wrap around the corner. The response provided is that the intent of the landscaping at the base of the wall is to wrap the corner. The landscaping plan does not reflect this intent. Please revise the drawing(s) to show proposed plantings wrapping around the corner. Response: The drawings have been revised to show landscaping wrapping the corner at the base of the retaining wall. ?4o• N or vP DOTF-0 The building footprint, cladding, and exterior elevations have been modified in accordance with anticipated internal programming. Overall, the revised concept is improved. It is still not clear how the proposal fulfills specific requirements of Federal Way Revised Code (FWRC) 19.115.060(2) and (3). The submitted narrative does a good job describing the designer's intent, but does not address specific code requirements. It would be very helpful to have a written discussion of how you believe the proposed design complies with the above referenced code sections, or if not in Page 3 Mr. Isaac Conlen November 14, 2014 compliance, why the current proposal meets the intent of those code sections. Lacking such a narrative, I have identified the design guideline issues I perceive with each elevation: a. West Fagade: This facade includes angled wall shapes, horizontal setback elements, and varied roof heights, which combine to meet the requirement for modulation. Additionally, the south end includes transparent glazing and a portion of the facade is screened with landscaping. The facade also includes color variations and differing corrugation patterns. Per FWRC 19.115.060(2)(b), landscaping used to screen blank walls of building should be Type II landscaping. The proposed landscaping does not appear to be Type II landscaping in that it is missing the shrub requirement and a single line of trees planted at 20 feet on center is less -� dense than expected for Type II (see FWRC 19.125.050[2]). Additionally, the area of the west facade just north of the building lobby is not screened by landscaping and is a large blank area. Please adjust landscaping to screen this area, or provide other means of articulation per FWRC 19.115.060(3). b. North Fagade: This facade includes angled wall shapes, horizontal setback elements, varied roof heights, facade landscaping elements, transparent glazing, color variations, and differing corrugation patterns. Again, the landscaping element should be increased to Type II by adding shrub plantings. Also, the middle section between the loading bay and the window section is } large and blank. Given the proximity to pedestrian pathways, the base level should be enhanced by adding features identified in FWRC 19.115.060(3). C. East Fagade: This facade includes angled wall shapes, horizontal setbacks, landscaping, transparent glazing, color variations, and differing corrugation patterns. This elevation, -.� especially at the base -level, does not tend to be visible from rights -of -way or residential use/zone. It is acceptable as proposed. d. South Fagade. No issues. Response: The arrangement of trees and shrubs along the building facades will provide an elegant rhythm that works with and highlights the building modulation by providing a buffer, but still allow visual penetration into the site and to the building. The landscape is intended to enhance the building modulation and not simply provide a visual screen. Along the west facade, there is a water line and IWO' wide easement that is running parallel and between the building and existing retaining wall which precludes trees from being planted in any staggered or double row. Thus, a single line of evergreen trees are provided to help mitigate the blank walls and provide screening. Three additional evergreen trees have been added along the west facade just north of the building lobby to provide additional screening at this corner. The southwest corner and glazing at the end of the lobby are a prominent feature for the building and a visual presence is desired from the street. Therefore, smaller deciduous trees are provided at the corner with a distinct separation between the evergreen Type 11 screen and the landscape at the corner. Tall, columnar deciduous trees are provided along the north facade to provide appropriate scale to the north elevation and the fly loft beyond. In addition, these trees act as a counterpoint to the evergreen trees at the west facade. The proposed understory for this facade will include shrubs and groundcovers consistent with Type II landscape requirements. Type 11 landscape planting have been added to the plant schedule and indicated on the landscape plan. Page 4 Mr. Isaac Conlen November 14, 2014 Li h Please add a note to the lighting plan indicating that all areas of the site will be lit in compliance with the recommendations of the Engineers Society of America standards. Response: A note has been added to sheet E103. ()9. Previously, I had asked that additional lighting be added to the southwest landscaped area. The response was that the area is not intended for active use so lighting is not required. I discussed this issue with Police staff from a safety perspective. Please respond to the enclosed email from Lindsey Tiroux. Response: Based on coordination with the lighting designer, the southwest corner between the S9 illuminated rail and the S5 uplights for the canopies is not a pedestrian area, it is a landscaped area. As such, the code does not require this area to be lit. We currently meet the egress requirements along pedestrian paths proximate to this area and there will be spill light from the interior fixtures during normal operating evening hours. Therefore, additional lights have not been added to this area. ,-�adina Dock Area U10 FWRC 19.115.050(6) requires loading docks be designed to: a) minimize visibility from adjacent rights -of -way; and b) provide easy access for service vehicles. With the re -design, the loading dock is angled towards the right-of-way, making it much more of a prominent view from the right-of-way �9 (especially as viewed by southbound pedestrians and motorists on 20th Avenue South). Additionally, the design will require that garbage haulers back out of the loading bay and into the public sidewalk (also see enclosed comments from Solid Waste/Recycling Coordinator Rob Van Orso). Mr. Van Orso points out that the landscaping intended to screen the transformer and loading dock serves to limit sight distance to the south, especially for a large backing vehicle. The above described situation does not appear to be safe. We anticipate increasing numbers of pedestrians as re -development of the city center takes place. Please re -consider the current design of this area. Response: Type III landscape buffer is provided at the corner to screen the loading dock and transformer. However, the large evergreen trees located at the corner of the intersection have been pulled back to the south in order to increase sight distance for truck movements at the loading dock and the entry off of 20rn Vehicles backing into the east loading bay have no obstructions for rear view due to the presence 0{ of the west loading bay. Vehicles backing into the west loading bay are already parallel to the bay before the planting would become a visibility concern. (See also responses addressing Mr. Van Orso's comments.) t 0 ` Page 5 Mr. Isaac Conlen November 14, 2014 Buildina Division How durable is the textured metal? How would graffiti be removed? What if spray paint was used? What if solvent was used? What if scratched by keys, or other tooling? Please discuss the overall strategy for dealing with graffiti. Response: The metal panels cannot deform under normal contact with people. It would take a hammer blow to dent them. The development team will give the City Council the option to include a graffiti -resistant coating to the metal panels. The coating is compatible with the metal finish and can be applied to at least the first 10 feet of metal panels above grade --major horizontal panel joints will determine the actual height of application. This coating allows for a simple spray and wipe process for removal of paint, ink, scuff marks, adhesive residue, etc. The spray is a solvent that is available through the manufacturer of the panel coating (PPG). Scratches will be treated with a color matched coating provided by the panel coating manufacturer. PUBLIC WORKS TRAFFIC DIVISION (Sarady Long, sarad .Ion cit ❑federalwa .cam, 253-835-2743) Plans 1. Increase WB left turn storage on S 314th St to accommodate the expected 95th percentile queue lengths of approximately 150' (2014 Volume plus PACC trips). Per WSDOT Design Manual, the minimum left turn storage is 100' with 50' opening and 25:1 taper rate. Response: The left turn storage has been lengthened to 100' with a 50' opening. Due to the alignment of the existing curb to the east of the driveway, a 25:1 taper is not possible. A pair of 200'reverse curves have been used to taper the curb line back to match the existing curb line. 2. A signal modification including relocation of signal cabinet, pole, electrical and communication lids will be required as part of the S 314 Street frontage improvements. However, the signal modification improvement is part of a larger TIP project scheduled for construction in 2015. As such, the public works director would allow the applicant to fulfill this obligation by paying to the city the pro-rata share of the costs of the required improvements. It is understood that the City and design team will work together to coordinate these improvements including design and documentation. Please confer with City staff regarding the proposed intersection improvements and costs that are not included with the TIP project. 3. It appears that the submitted WB-40 truck exiting the site onto 20th Ave Swill encroach onto the opposing traffic lane. Please verify. Please note, staff would support a radius driveway on 23rd Ave S to improve truck turning path. Also, please verify WB-40 truck can maneuver into and out of the second loading dock without encroaching onto opposing traffic lanes or mounting any curbs. Response: See revised turning diagrams for vehicles exiting the loading dock. No encroachment into the oncoming traffic lane of 20th Ave S is anticipated. The second loading dock (or west bay) Page 6 Mr. Isaac Conlen November 14, 2014 is not designed far semi -trailer access. Package vans and garbage trucks can back into this bay without crossing into the 20th Ave S right-of-way. 4. As depicted, all delivery truck traffic generated by the development will travel WB on S 314 Street to enter the site. If this is not the case, please verify that WB-40 trucks heading EB can maneuver into the site safely without mounting any curbs. Response: Confirmed. All delivery truck traffic to the PACC will travel westbound on S 314th Street to enter the site. Trin Generation (Weekdav between 4:00 — 6:00 P.M.): The project is expected to generate between 183 trips (design capacity) to 222 trips (high -activity) during the Weekday evening peak period associated with the conference center. The previous Toys R Us is expected to generate approximately 230 Weekday PM trips (46,200 x 4.99 trips per 1,000 GFA) without any pass -by reductions. With trips credit, the project is not expected to generate any net new PM trips. Acknowledged. Parking: The project will provide 166 parking spaces to accommodate the proposed 42,000 sf PACC with a 700-seat auditorium, and a 119 room hotel. Approximately 90 stalls would be reserved for hotel parking, leaving about 76 stalls for the PACC. Based on the parking study prepared by the Transpo Group, there will be approximately a 138 to 215 parking space shortage associated with the conference center during the weekday afternoon between noon and 2:00 p.m., and up to 273 for the performance arts center during the evening peak performance (7:00 and 9:00 p.m.). To address the parking shortage, the applicant is proposing to utilize the Town Square Park parking and ST Parking Garage. Currently, the ST Parking Garage is fully utilized during the weekday afternoon between noon and 2:00 p.m. and as such this is not a viable option for the conference center parking. However, there may be available spaces during the evening peak (7:00 — 9:00 p.m.) associated with the performance arts center. In order to utilize the ST Parking Garage for the performance arts center event, a parking agreement is recommended. Please note, the ST Parking Garage may not be available if there are special events such as Seahawks or Huskies games occurring the same time as a performance arts center event. In the interim, the Town Square Park parking (assuming no event in the park) and the 90 stall hotel parking should be adequate to accommodate the expected "design capacity" parking demand associated with the Conference Center. However, at such time the hotel and the Town Square Park are developed/redeveloped, the development would need to identify and provide additional parking. The development may need to lease, purchase nearby parking, or provide a reciprocal parking agreement with adjacent property owners. Page 7 Mr. Isaac Conlen November 14, 2014 Additionally, S 316th Street between 20th Avenue S to 23rd Avenue S could be restriped to provide some on -street parking. Depending on which option is selected, a Comprehensive Plan Amendment may be required. Acknowledged. PUBLIC WORKS SOLID WASTE AND RECYCLING DIVISION (Rob Van Orsow, rob.yanorsowC@cityofederalway.com, 253-835-2770,) Solid Waste & Recycling Design Considerations: Previous Comments Solid waste and recycling design considerations for commercial uses include: • Adequate space allocation for interior and exterior garbage, recycling, food waste, or hazardous waste. Minimum recycling space allocation is established by FWRC 19.125.150 (attached). The waste/recycling area has been redesigned and will accommodate adequate containers for service. • Plan for unobstructed, safe enclosure ingress and egress for service vehicles, preferably in -line with enclosure openings. Allow appropriate turning radii for service vehicles, and minimize potential 'blind spots' during ingress and egress. The revised plans show additional space for containers and improved service vehicle access to the dock area. New Comments Inbound access for service vehicles is adequate — specifically for garbage trucks entering "cab first" into the At Grade Loading Bay. However, when backing out, drivers will have to rely on a backup camera (with a limited field of view) and side mirrors. In completing the process of backing out into the drive isle's eastbound (entry) lane, the rear of larger trucks will enter into the cross walk across the 20th Ave South ingress. If there is a redesign, consider shifting the entryway to the Loading Bay lanes to the east (further away from 20th Ave South), while maintaining the 45 degree angle of access from the drive isle. Response: The loading dock is designed for vehicles to approach it by turning off of S. 314th Street, driving south and then west through the site, and entering the stalls by backing into them. There should not be any vehicles entering the loading stalls cab first. Waste management trucks contracted for pick-up will need to be of the rear -loading type. it will be incumbent on the PACC operations staff to enforce the back -in only procedure. Page 8 Mr. Isaac Conlen November 14, 2014 To improve site distance, consider limiting the height of vegetation for the first 50' south of the 20th Ave South ingress, as well as around the Transformer located in the northwest corner of the site. This would allow drivers to see northbound traffic and pedestrian movement on 20th Ave South when backing out of the Loading Bays. Response: A new cross walk has been added in front of the loading dock that will limit plantings for IV-0" south of the ingress. Because of the desire to screen the loading dock as much as possible from the street, the plantings beyond that point will remain tall and dense. Even so, this provides 30'-0" of clear site distance from the site egress point. Mr. Conlen, should you or other City staff have any questions regarding the comment responses contained herein, please do not hesitate to contact me. Thank you for your review. Sincerely, Joe Taflin, P.E. Principal joe@pacland.com Enclosures Land Use Response Letter #3.doc Page 9 Mr. Isaac Conlen November 14, 2014 DRAWING CHANGES PER SHEET The following list describes changes that have been made to each sheet for the response package. GO00 — Cover Sheet • Updated sheet index C100 ■ Revised S. 314th Street left turn pocket per Traffic Dept request • Removed parallel parking stalls along S. 314th due to revised turn pocket design ■ Revised site plan north of the PACC through the Hotel site per design team coordination • Removed several parking stalls at the hotel site and located them elsewhere on site (same overall count) • Revised landscape island at the south end of the main parking aisle, near S. 316th • Added a pedestrian walkway across the PACC loading dock • Relocated the hotel trash enclosure to the PACC loading dock (shared trash service) • Deleted pervious pavement from the site • Revised the driveway configuration at 20th Ave S. C200 ■ Updated grading and drainage infrastructure for the revised site plan L1000 ■ Updated landscape rendering L1001 ■ Evergreen trees added to the west facade • Evergreen trees revised at the loading dock and entry off of 20th ■ Hotel parking area and main entry revised along with the pedestrian connection from the PACC • North end of plaza and retaining wall updated along with the stair down to 316th Page 10 Mr. Isaac Conlen November 14, 2014 L1002 • Tree species updated • Type II landscape category added E103 — Lighting Site Plan ■ Updated site lighting elements for the revised site plan • General notes added 1 Page 11 Mr. Isaac Conlen November 14, 2014 TRUCK TURNING EXHIBITS FWPACC 14 November 2014 20th Ave S wEs'r LOADING BAY EAST LOADING BAY PACC i a HOTEL 11 ilk p I y co V�J • ® N�jj -1 ® II 1 V ® C/) Iy ® I � r � I U I � I I \ \� o SMALL SEMI -TRAILER (WB-40) ENTRY INTO ;1 SITE AND DOCK BACK-UP SEQUENCE Note: Semi -trailers are only intended to use the East 4, Loading Bay. WB-40 access to West Loading Bay �I Truck Turning Studies would require intrusion into 20th Ave right-of-way g y DIRECTION Page 1 of 4 VEHICLETRAVEL FWPACC 14 November 2014 20th Ave S MWA WEST LOADING BAY EAST LOADING BAY PACC oil mijou 'III DIRE ON OF VEHI!aE TRAVEL 1110cz� II II II II II II II II Jp aml SMALL SEMI -TRAILER (WB-40) EXITING FROM SITE Note: Exit sequence allows for either northbound travel on 20th Ave S or for a left-hand turn onto westbound S 314th St x0i Truck Turning Studies Page 2 of 4 FWPACC 14 November 2014 } .. WEST LOADING BAY EAST LOADING BAY Truck Turning Studies Page 3 of 4 20th Ave S N 0 4-i '11 U) 1 1` . ...... PACKAGE VAN ENTRY INTO SITE AND DOCK BACK-UP SEQUENCE 1 I_5 Note- Back-up sequence for waste management vehicles is similar. Design is planned around rear -loading garbage andOF wl m recycling trucks. VEHICLE TIRAVEL ON �1 4 FWPACC 14 November 2014 20th Ave S ......... .. WEST/ LOADING BAY EAST LOADING BAY PACC DIRECTION OF MMICLE TRAVEL J, - - - - - - - - - - -SU-30- AU:30- "X I. limralli N PACKAGE VAN EXITING FROM SITE Note: Exit sequence allows for either northbound travel on 20th SAve or for a left-hand turn onto westbound S 314th St Truck Turning Studies Page 4 of 4 ffm�lm 0 (D (D L_ 4- U) M CITY OF Federal 7 October 31, 2014 Mr. P J Santos Lorax Partners 101 Stewart Street, Suite 350 Seattle, WA 98101 pj@loraxpartners.com CITY HALL 33325 8th Avenue South Feder y Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com FILE Re: File #14-100496-00-UP; PLANNING DIVISION 3RD REVIEW Performing Arts & Conference Center (PACC); 31510 2011, Avenue South, Federal Way Dear Mr. Santos: City Planning staff has reviewed your re -submitted application materials and have the following comments. PLANNING DIVISION Title Report/Easements 1. I am still having a tough time figuring out how proposed site improvements are interacting with existing/proposed easements. I slid not receive a utility plan drawing of revised sheet C-1 ($uildir�g- Easement Overlay Exhibit), with the last submittal. Please provide C-1 showing the revised proposal as well as the utility plan. 2. You have proposed to relinquish a PSE easement (8709140815, special exception item 7) and record a new easement to take its place. You have also proposed to re -located a portion of easement 8803280350. Please show new easements on utility plan and Building -Easement Overlay Exhibit (sheet C-1). 3. Thirty-foot ingress/egress easement on south thirty feet of property. Still looking into this issue. 4. The furniture located within the water easement along the south side of the site is acceptable according to Lakehaven Utility District staff, but may require an encroachment agreement. This issue can be addressed at the building permit stage. Parking The most recent submittal identifies Town Square Park as supplementary parking to cover the current shortage of on -site parking at the PACC. This proposed site does not appear to be a dependable long term solution. First, the park has been popular so just assuming the maximum number of stalls needed will be available may not be realistic. Secondly, the City may choose to partner with a private sector developer to re -develop a portion of the site. If this happens, it is unlikely the ultimate build -out of the site would result in surplus parking spaces available for PACC customers. Mr. P J Santos Page 2 of 3 October 31, 2014 The park may be available on a shorter term basis for some pur6oii of die needed parking. An agreement defining the availability of town square parking to the PACC property would be required. As previously indicated, the parking situation needs to be resolved prior to certificate of occupancy. Please continue to develop the parkinglan. Desikn Guidelines 6. lrttxh3 16t review letters I asked why the landscaping at the base of the retaining wall does not wrap around the corner. The response provided is that the intent of the landscaping at the base of the wall is to wrap the corner. The landscaping plan does not reflect this intent. Please revise the drawing(s) to show proposed plantings wrapping around the corner. The building footprint, cladding, and exterior elevations have been modified in accordance with anticipated internal programming. Overall, the revised concept is improved. It is still not clear how the proposal fulfills specific requirements of Federal Way Revised Code (FWRC) 19.115.060(2) and (3). The submitted narrative does a good job describing the designer's intent, but does not address specific code requirements. It would be very helpful to have a written discussion of how you believe the proposed design complies with the above referenced code sections, or if not in compliance, why the current proposal meets the intent of those code sections. Lacking such a narrative, I have identified the design guideline issues I perceive with each elevation: a. West Facade: This facade includes angled wall shapes, horizontal setback elements, and varied roof heights, which combine to meet the requirement for modulation. Additionally, the south end includes transparent glazing and a portion of the facade is screened with landscaping. The facade also includes color variations and differing corrugation patterns. Per FWRC 19.115.060(2)(b), landscaping used to screen blank walls of building should be Type II landscaping. The proposed landscaping does not appear to be Type II landscaping in that it is missing the shrub requirement and a single line of trees planted at 20 feet on center is less dense than expected for Type II (see FWRC 19.125.050[2]). Additionally, the area of the west facade just north of the building lobby is not screened by landscaping and is a large blank area. Please adjust landscaping to screen this area, or provide other means of articulation per FWRC 19.115.060(3). b. North Facade: This facade includes angled wall shapes, horizontal setback elements, varied roof heights, facade landscaping elements, transparent glazing, color variations, and differing corrugation Patterns. Again, the landscaping element should be increased to Type II by adding shrub plantings. Also, the middle section between the loading bay and the window section is large and blank. Given the proximity to pedestrian pathways, the base level should be enhanced by adding features identified in FWRC 19.115.060(3). c. East.Facade: This facade includes angled wall shapes, horizontal setbacks, landscaping, transparent glazing, color variations, and differing corrugation patterns. This elevation, especially at the base -level, does not tend to be visible from rights -of -way or residential use/zone. It is acceptable as proposed. d. South Facade. No issues. Lighting 8. Please add a note to the lighting plan indicating that all areas of the site will be lit in compliance with the recommendations of the Engineers Society of America standards. r,i� u 1 a-100496-na-U P Doc. t_u. 67117 Tkir. P J Santos Page 3 of 3 October 31, 2014 9. Previously, I had asked that additional lighting be added to the southwest landscaped area. The response was that the area is not intended for active use so lighting is not required. I discussed this issue with Police staff from a safety perspective. Please respond to the enclosed email from Lindsey Tiroux. Loading Dock Area 10. FWRC 19.115.050(6) requires loading docks be designed to: a) minimize visibility from adjacent rights -of - way; and b) provide easy access for service vehicles. NVith the re -design, the loading dock is angled towards the right-of-way, making it much more of a prominent view from the right-of-way (especially as viewed by southbound pedestrians and motorists on 20�h Avenue South). Additionally, the design will require that garbage haulers back out of the loading bay and into the public sidewalk (also see enclosed comments from Solid Waste/Recycling Coordinator Rob Van Orso). Mr. Van Drso points out that the landscaping intended to screen the transformer and loading dock serves to limit sight distance to the south, especially for a large backing vehicle. The above described situation does not appear to be safe. We anticipate increasing numbers of pedestrians as re -development of the city center takes place. Please re -consider the current design of this area. Other City Departments Building Division How durable is the textured metal? How would graffiti be removed? What if spray paint was used? What if solvent was used? `Nhat if scratched by keys, or other tooling? Please discuss the overall strategy for dealing widi graffiti. See enclosed comments from Public Works Traffic and Solid Waste/Recycling Divisions, and Police Department. Please provide revised plans along with the enclosed resubmittal form and a cover memo that briefly describes how each comment is addressed (as you have been doing). Do not hesitate to contact me if you have any questions. I can be reached at .Conlen ci offe ei-altvl .cam, or 253-835-2643. Sincerely, Isaac Conlen Planning Manager Enclosures c: Larry Frazier, Interim Director, Community Development Will Appleton, PACC Project Director Grace Skidmore, Development Specialist Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Rob Van Orsow, Solid Waste/Recycling Coordinator Chris Ingham, South King Hire & Rescue Brian ;\sbury, Lakehaven Utility District Joe Taflin, 1'aeland, 11400 Sl i 80, Street, Bellevue, WA 98004, joc@p,,icland.com paeland.eom file 41 t-11111496-00-VP Doc. I.D. 67117 Isaac Conlen From: Lindsey Tiroux Sent: Tuesday, October 28, 2014 1:58 PM To: Isaac Conlen Subject: PACC Lighting Isaac, After reviewing the new set of proposed lighting plans for the PACC, the police department would like to see additional lighting in the southwest corner of the property. As it stands now, there is a potential for a "dark spot/corner" in that area of the property. Although we understand that the area is not proposed to be a usable space, security lighting would provide an increase in natural surveillance of the property, an increase in effectiveness of patrols and reduce fear among patrons (real or perceived). Cm, sei ` -Wux 0,r m,e Ao R[Ust avid �reve�t%ow specia��st 1=ulerai. Wad Pat%ce Departwt.ewt I.i.VI.DiSe1�1.tLYDLSICC3G[.�LID�SL� eYG1 I.WGi 1�4. G4V+,t. Fax Federal Way Police Department is on Facebook and Twitter @FedWayPD CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: 9/30/14 TO: Will Appleton, Interim Deputy Public Works Director Sarady Long, Senior Traffic Engineer Scott Sproul, Assistant Building Official Chris Ingham, South King Fire & Rescue FROM: Isaac Conlen FOR DRC MTG. ON: No meeting. Please provide review comments, if any, to me by 10/10/14. FILE NUMBER (s): 14-100496-00-UP RELATED FILE NOS.: 14-100497-00-SE PROJECT NAME: FEDERAL WAY PERFORMING ARTS & CONFERENCE CENTER (PACC) PROJECT ADDRESS: ZONING DISTRICT: 31510 20TH AVE S CC-F PROJECT DESCRIPTION: Proposed 700-seat multipurpose performance hall/conference center facility & hotel LAND USE PERMITS: UPIII, SEPA PROJECT CONTACT: LORAX PARTNERS P J SANTOS 101 STEWART ST Suite 350 MATERIALS SUBMITTED: Written summary, site plan, elevations, floor plans, drainage plan, landscaping plans, renderings, etc. 11400 S.E. 8TH STREET . 425.453.9501 September 25, 2014 Mr. Isaac Conlen, Planning Manager City of Federal Way 33325 81h Avenue South Federal Way, Washington 98003-6325 SUITE 345 F 425.453.8208 ' 10 , BELLEVUE, WA 98004 WWW.PACLAND.COM , RESUBMITTED SEP 262014 CITY OF FEDERAL WAY Subject: Federal Way Performing Arts and Civic Center; Federal Way, Washington Land Use Process III Comment Response Letter #2 Dear Mr. Conlen, Thank you for your review of the Land Use Process III submittal for the Federal Way Performing Arts and Conference Center (PACC). We have received the 2"d round City Use Process III review comments, dated June 24, 2014 (Planning Division), and July 11, 2014 (Public Works Traffic Division, Marty Gillis email, and Brian Asbury email), and have revised the submittal documents accordingly. Within this letter we have included a compilation of City comments received and the corresponding design team responses. The numbering is per the original City comments received. We hope you find the resolution of the review comments acceptable. Please feel free to contact me with any questions or coordination items you have. PLANNING DIVISION (Isaac Conlen, isaac.conlen@cityoffederafway.com 253-825-2643) Site Plan Sheet A100 (the site plan) has the truck turning radius super -imposed on top of the north half of the site. Please remove this diagram and show the entire site with future hotel improvements identified and labeled. Additionally, label the stage features and show and label the PACC garbage and recycling area. Response: Sheet A100 has been revised to show the entire site area. Truck turning diagram is submitted as a separate exhibit. Landscaping A second tree has been added to several landscaping islands over 150 square feet as requested in the first review. Due to design changes several additional island are now over 150 sf in size and have only one tree. Please add a second tree to 3 islands — see mark-up. Additionally, the new island created west of the new angle parking stalls is required to have one tree. Page 2 Mr. Isaac Conlen September 25, 2014 Response: A second tree has been added to parking islands that are over 150 square feet per the revised parking lot layout. Note the angle parking is revised to 90-degree stalls per a different comment. Please remove the planter in the 20th Ave. SW. driveway from the landscaping plan if it is no longer proposed (to allow truck backing). Response: The planter has been removed. Title ReportlEasements 4. As you have identified the original review letter cited an older version of the title report. My comments below refer to the current version. a. You have proposed to relinquish PSE easement (8709140815, special exception item 7) and record a new easement to take its place. Please show new easement on utility plan and Building -Easement Overlay Exhibit (sheet C-1). Provide documentation of relinquishment prior to building permit approval. Response: Noted. b. 30-foot ingress/egress easement (special exception item 3). Still looking into this issue. Response: Noted. The easement drawing shows easement 8803280350 in two locations for water and one location (with same number) for sanitary sewer. You are proposing to relocate a portion of the water easement on the northeast portion of the site to eliminate conflict with the future hotel. Provide documentation of relocation/revocation prior to building permit approval. The water easement also appears on the south and west sides of the property and appears to conflict with the proposed stages. Please identify how this will be resolved. Response: The proposed stages have been removed from the scheme. We have added seating elements to the plaza, two of which are located over the water easement. However, these seating elements will be easily removable when needed. The sanitary sewer easement under the same number is depicted in the north -central part of the site. It appears to conflict with several landscaping islands. Please provide documentation that this is not an issue with LUD or otherwise resolve conflict. Response: Per the easement agreement, trees are not allowed within the easements. Tree locations have been adjusted to accommodate the easement. Page 3 Mr. Isaac Conlen September 25, 2014 Parking and Walkways As noted previously, additional off -site parking will be necessary for larger events. Please continue to develop a plan for additional parking. A condition will be added to the land use decision requiring that adequate parking be provided prior to certificate of occupancy issuance. Response: Noted. The architectural, civil and landscaping plans show a striped feature that looks like a walkway perhaps, located in the area south of the large plaza near the stair landing. What is this feature? If it is a walkway what type of paving is utilized? Label this feature on the drawings. Response: The plaza and drop-off area have been revised and this walkway feature has been removed. Design Guidelines Please depict all site furnishings and plaza elements on the building permit submittal drawings. A condition will be added to the land use decision requiring that these elements are added. Response: Conceptual seating elements have been added to the plaza. Further development of the site furnishings and associated plaza elements to be included in the building permit submittal as requested. The design treatments described to address the large retaining walls adjacent to SW 316th St and 201h Ave. S. are adequate to mitigate the size of the walls if implemented in full. A modification to FWRC 19.120.120 will be approved. The land use decision will be conditioned to require these mitigation measures and the building permit application drawings need to depict the detailed implementation of these measures. Why does the landscaping at the base of the wall not wrap around the corner? The walls are tall in this location and should be screened — potentially with a different tree if space/sight distance becomes an issue. Be aware the proposed signage will require approval through a separate sign permit application. Response: Intent of the landscaping at the base of the wall is to wrap the corner to provide visual screening of the existing wall and an extension of the landscape buffer proposed along S. 316th Street. 9. The first round of comments requested additional treatment of the west, north and east elevations to meet the requirements of FWRC 19.115.060(3) in order to break up the scale of large blank walls. The resubmittal identified several methods to address this issue — see below. West Fagade: You have proposed increasing the density of perimeter landscaping and adding a vitrine (the narrative describes one, but the elevation shows 3 south of the transformer and one that appears to be free-standing north of there — please clarify) and a bench (which I didn't find depicted on the drawings). The addition of three vitrines and a bench adds visual interest at a pedestrian scale, but the heavy landscaping south of the transformer works at cross-purposes. Why not utilize the heavy landscaping till south of the transformer, then Page 4 Mr. Isaac Conlen September 25, 2014 switch to lighter landscaping and allow the vitrines to be visible from the R-O-W (if that's what the three orange rectangles depicted on the elevation are)? b. North Fagade: You've proposed the addition of some trees on this side. The large mass of the fly loft is still pretty blank. There was discussion in the narrative about use of different corrugation frequencies. I did not see that depicted in the elevations. Also, is it not possible to utilize more than one color in this area — maybe a horizontal or vertical band to break up the large mass? East Fagade: Again, the proposal is to provide a vitrine and a bench as well as utilize different corrugation frequencies in the fly loft siding. My same comment on the north fagade regarding corrugation frequencies applies here. Also, the lone vitrine seems sort -of out of place — a sequence of three would be preferable. Response: Since the initial submittal, the building design has been modified significantly to incorporate program adjustments requested by the client. In the course of making these program adjustments, the floor plan layout and massing of the building were altered. In turn, the design of the exterior cladding has also developed to suit the new program, plan and massing. Since the current design is significantly different from the original submittal, the following remarks go beyond the issues raised in item #9 in order to address the design requirements more generally. General Approach — The exterior expression of the building is now conceived as three discreet components: (1) A formal wrapper of corrugated metal paneling encloses the base of the building. This wrapper will be a light, warm neutral color. It includes the screen walls that enclose the rooftop mechanical equipment. The wrapper is cut away in three locations — at the loading dock, the administrative offices, and the lobby — to expose the functions that have active comings and goings. The wrapper component will utilize multiple corrugation patterns (MTLP- 1, MTLP-2 and MTLP-5) to create visual interest with shadow and texture but is intentionally continuous and simple in order to preserve the sense of it as the primary enclosure of the entire building. (2) The shell of the auditorium and stage is expressed as dark colored metal panels with two different corrugation patterns (MTLP-3 and MTLP-4) that will stand in contrast to the wrapper component at the building base by virtue of both color and pattern. By its height alone this solid component adds to the civic presence of the center. Because the top of the wrapper element forms a near horizontal datum around the perimeter of the building about half way up the height of the fly loft, the auditorium/stage component is rendered as a recessive element relative to the metal wrapper. (3) The glass lobby serves as the point of public entry, opens the building lobby to views of the city and Mount Rainier, provides the signature look of the building, and links the interior spaces to the exterior plaza. Page 5 Mr. Isaac Conlen September 25, 2014 The three components interact with each other to provide modulation to the building itself and landscaping is provided to further mitigate the scale of elements where appropriate. Specific modulation provisions are noted as follows: South FaVade —As with the original design, the south elevation of the modified building design is substantially clad in a glass curtain wall. The initial land use comments did not take issue with this fagade. West FaVade — Upon further consideration it was decided that vitrines would be too far away from the right-of-way to provide legible information to passersby. The current design of the west elevation includes several modulating gestures. On the southwest corner of the building, a bosque of deciduous trees is used to provide scale and visual screening of the building along with providing a connection to the bosque of trees at the north side of the plaza. On the northwest side of the building, a row of evergreen trees are used to visually screen and extend the Type 1 buffer from around the loading dock to the south. On the building itself, the large windows of the south fagade turn the west corner and continue up the first portion of the west faVade. At the center of the west fagade the exterior wall changes direction and then a diagonal line demarks a change in the color and corrugation pattern of the metal panels. The northwest corner has a horizontal demarcation, the top third is clad with perforated metal screen of the same color and panel profile as the panels below. High windows into the kitchen near the north end of the west faVade are composed in a horizontal band. North FaVade — The north fagade includes a diagonal northwestern section that primarily houses the loading dock and a straight northeastern section that houses the administrative offices and other back -of --house spaces. The northwestern section is shrouded by a Type I buffer of dense evergreen trees in order to obscure views to the loading dock. In the center of the north fagade, the mechanical screen moves off the exterior wall, leaving the extreme northeastern corner of the building as the lowest mass with the mechanical screen set back in order to recede into the distance, as does the tall fly loft beyond the screen. The northeastern section is partially screened by a single row of upright, columnar deciduous trees set tight to the building. The metal wrapper at the northeast corner is cut away to expose the glass windows of the administrative offices. The landscape here creates an urban edge with paving adjacent to the building and a trio of large deciduous trees to highlight the corner which provides an end to the North/South walk that parallels the east faVade. East Fagade — The erosion of the metal wrapper continues around the northeast corner and along the northern portion of the east faVade. The green room has been moved to the east side of the building and windows serving both the offices and green room are revealed in that erosion. The metal wrapper continues down the east fa.Vade as two bands with contrasting corrugations. These bands modulate the height of the stage and auditorium above, which are clad in dark colored metal panels. The center portion of the east favade is screened with an informal array of deciduous trees that will grow up to 30 feet in height to further relieve the blank portion of the faVade in that center portion. This bosque of trees continues to cascade through the south end of the parking lot to the southeast corner of the site to provide a continuous landscape edge and frame the views of Mt. Rainier beyond. At the south end of the east faVade, the wrapper gives way to the glass lobby component, including the primary Page 6 Mr. Isaac Conlen September 25, 2014 entry doors to the facility. The glass -clad patron lounge cantilevers out from the lobby to provide cover over the entry doors and an external box office window. Lighting 10. Please provide sheet L002 (referenced in response to first round comments, but I don't have a copy). Please add a note to the lighting plan indicating that all areas of the site will be lit in compliance with the recommendations of the Engineers Society of America standards. Add a note indicating that light standards shall not exceed 30-feet in height. Details of up -lighting features for the walls and stairs will need to be provided with the building permit submittal. Response: Please see E103 General Notes, included with this submittal package. 11. It is not clear that sufficient lighting is proposed in the southwest corner of the site. Please show additional lighting here or explain why it is not necessary. Response: The SIN corner of the site is primarily landscaped with plantings and there are no pathways or other hardscape that requires egress lighting in this area. All other street site lighting is addressed with existing pole mounted fixtures adjacent to project site. PLANNING DIVISION (Marty Gillis) 1. Please provide fencing and site protection during construction in order to provide for pedestrian safety and security of the site. Response: Noted. Permit documents will show temporary fencing on the TESC plans. 2. Please obtain grading permits, and provide geological engineering reports for any phased grading activities. a. Secure special inspection of earth working as required and or recommended by the geological engineering report. Response: Noted. 3. Obtain permits for the installation of any subterranean tanks or vaults. If located in vehicular routes, please design subterranean structures meeting fire prevention standards. Response: Noted. 4. If future development of this site includes further segregation of the land in order to create a separate parcel for the hotel, please consider the following in the design: Page 7 Mr. Isaac Conlen September 25, 2014 Provide sufficient fire department circulation in order to provide both sites with access to hydrants, fire lanes, turning radius, etc. b. Design either or both buildings for location on property, fire separation. Response: Noted. PUBLIC WORKS SOLID WASTE AND RECYCLING DIVISION (Rob Van Orsow, 253-835- 2770, rob.vanorsow@cityofederalway.com) Solid waste and recycling design considerations for commercial uses include: • Adequate space allocation for interior and exterior garbage, recycling, food waste, or hazardous waste. Minimum recycling space allocation is established by FWRC 19.125.150 (attached). I appreciate that the 'niche' designated for SWR has been increased to 104 square feet — but this is still shy of the 180 square feet suggested. The Proponent Comment indicated that there is "additional area to the east of the niche (within the loading dock)", but plans show any containers placed in the space would block the loading dock itself. The 'dumpster' area measures 17' across (north to south) — this will not allow three dumpsters to be placed 'side -by -side' —for three dumpsters to fit that way, it would have to be 21' across. As is, two dumpsters could be placed side - by -side (14'). If an additional 1' could be added to the 17', this would allow a third dumpster to be placed along the wall, forming an "L" configuration, making use of the southwest corner and back wall of the dock. This would be preferable. If the design stays as is (17'), all three dumpsters will still 'fit' but at least two will be oriented the wrong way, making ongoing use difficult. • Plan for unobstructed, safe enclosure ingress and egress for service vehicles, preferably in -line with enclosure openings. Allow appropriate turning radii for service vehicles, and minimize potential 'blind spots' during ingress and egress. PACC design will require "roll -out" service. This means dumpsters will have to be small enough in size to allow them to be rolled on castors to the service truck. Smaller dumpsters equal more frequent service and more chances for on -site overflow. This is regrettable, but constraints leave no other option for this site — unless the loading dock area is extensively redesign. If this occurs, please consider adding additional space for containers and improved service vehicle access to the dock area. Access for service vehicles is generally acceptable — especially on vehicle entry. Garbage trucks will enter cab first, despite the Proponent Comment that is it most safe 'if vehicles back into the dock.' Site Plan A100 shows no "pork chop" island at the 20th Ave South entrance, and the 'no island' design is preferred over the "pork chop" island as shown on Site Plan L101 (which frankly is too small to prevent southbound turns onto 20th Ave South, but will create a curb -hopping obstacle for many service vehicles). Page 8 Mr. Isaac Conlen September 25, 2014 Response: The layout for the building has been substantially revised to accommodate program changes requested by the client. This provided the opportunity to improve the dumpster area and we now show a 21 foot wide niche that should fit all three dumpsters, as suggested by the reviewer. Due to the multi -use nature of the loading dock, the revised design still requires "roll -out" service for the dumpsters. We assume that garbage vehicles will use the loading stall that is at the level of the ground floor. Dumpsters will need to be rolled out far enough so that the roof enclosure over the loading dock, which is needed to protect scenery that is being moved in or out of the stage, will not interfere with a dumpster being lifted by a truck. LAKEHAVEN UTILITY DISTRICT (Brian Asbury, 253 946 5407) If additional hydrant(s) is/are required or indicated, a Developer Extension Agreement will be required to construct new water distribution facilities necessary for the proposed development. Additional detail and/ or design requirements can be obtained from Lakehaven by completing and submitting a separate application to Lakehaven for a Developer Extension Agreement (application form attached). Lakehaven encourages owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven, and sufficiently early in the pre-design/planning phase to avoid delays in overall project development. Response: Comment noted. Utility plans have been submitted to Lakehaven Utility District for permit approval. If additional hydrant(s) is/are not required or indicated, applicant will simply need to submit applications to Lakehaven for any necessary water and/or sewer service connections (new and/or modify existing). Response: Comment noted. Utility plans have been submitted to Lakehaven Utility District for permit approval. PUBLIC WORKS TRAFFIC DIVISION (Sarady Long, sarady.long@cityofederalway.com, 253- 835-2743) 1. Show street cross-section for S 3141h and S 316th Street improvement on plans. S 3141h Street is planned as a Type Q street and S 3161h is a planned as a Type L street. Response: Cross -sections have been added to C100. 2. The depicted frontage improvement on S 314th Street is not correct. The sidewalk should be 12' wide with no planter strip. S 314th Street is planned as a Type Q street, consisting of 40' street with curb and gutter, 12' sidewalks with street trees and decorative streetlights in 70' right-of- way (ROW). Additional ROW will be needed to accommodate turn lane at the intersection of 20th Ave S and S 314th Street. The applicant may make a written request to the Public Works Director to modify, defer, or waive the required street improvements (FWRC 19.135.070). Page 9 Mr. Isaac Conlen September 25, 2014 Response: The 314th Street improvements have been revised to show a 12 foot sidewalk along the curb with decorative street lights and street trees per City standards. 3. Staff recommends installing pedestrian walkway on the south side of the hotel abutting the hotel patio (north side of driveway on 20th Ave S) to provide direct walking path from 20th Ave S to the hotel. Response: A pedestrian walkway has been added from the hotel to 20th Ave S. 4. A signal modification including relocation of signal cabinet is located at the SE corner of 20th Ave S and S 314th St. will be needed as part of S 314th St. improvements. The submitted plan should depict or specify this improvement. The signal modification plans should be submitted to the Public Works Traffic Division for review as soon as possible to avoid signal improvement delay due to long lead time in materials procurement. Response: The signal modifications and utility relocations are noted on the plan. Per coordination with the City, the City will provide the signal modification and utility relocation work as necessary to facilitate the widened roadway. The City and design team will work together to coordinate the roadway improvements design and documentation. 5. The applicant needs to improve S 3161h Street to include 12' sidewalk and City Center decorative street lights. Please show and label the improvement on the plans. Response: The S. 316`h Street improvements are shown and labeled on the plan. Per coordination with the City, a 12 foot wide sidewalk will be provide outside the proposed stairway. Along the stairway, the sidewalk will be approximately 9 feet wide. Note that the typical tree and light spacing may need to be adjusted to coordinate with the proposed development signage, which will be incorporated into the wall and stairway design. This design will be advanced and coordinated with the city during the design development phase. 6. The proposed driveway on 201h Ave S shall be restricted to right -in and right -out. Staff recommends installing C-curbing from S 3141h to approximately 30' south of the driveway to prevent left turn in and out of the site. Alternatively, a raised island may be installed. Response: C-curb has been added to the plan as requested. All driveways shall be curb cut with 30' in width and a minimum 30' storage pocket from the edge of pavement. Driveway widths may be increased in order to provide adequate width for vehicles that may be reasonably expected to use the driveway, as determined by the Public Works Director. Response: Noted. The driveway will be designed in accordance with City standards and has been revised on the plan. 8. Staff recommends reconfiguring the proposed angle parking in front of the PACC building to 90 degree parking stall. Typically, angle parking stalls are designed for one-way traffic. The 90 degree parking will allow both EB and WB drivers to pull into available parking spaces. Page 10 Mr. Isaac Conlen September 25, 2014 Response: Parking has been revised to 90-degree parking. It appears that the delivery truck will utilize the driveway on S 314th Street to enter the site. Please submit vehicle turning diagram for this driveway and the internal site. Also, there are two loading bays and the submitted vehicle turning diagram only depicted the truck backing into and pulling out of one bay. Please update the vehicle turning diagram and verify that the expected vehicle (WB-40) can enter, maneuver, and leaving the site without encroaching onto opposing traffic lanes or mounting any curbs. Response: Please see the attached turning studies showing vehicle movements into and out of the site, and in and out of the loading dock. Trip Generation and Parking Analysis: 1. The Parking and Traffic Study shall be revised to address any overlapping issues occurring during the PM period. Response: It is not feasible nor possible to program a large conference at the same time as an evening event at the PACC. However, it is possible, but not expected to be a regular occurrence, for one or both of the medium conference rooms to be simultaneously used during an evening performance. If this infrequent and rare event were to occur, the City would utilize the 140 parking stalls on the new Town Square Park site and the Sound Transit garage as available for the conference goers. Revise the trip generation portion to include trip credit for previous retail use (Toys R Us Store — 46,216 SF) and specify net new trips generate by the development. Please provide this data so staff can proceed with the traffic mitigation (Planned Action SEPA or TIF) determination if applicable. Response: Please see updated information as requested attached. Please submit traffic management plan (TMP) for review and approval. The TMP should specify the event threshold for police officers to facilitate traffic. Response: The City of Federal Way will staff the parking lot with police officers or PACC staff to direct traffic before and immediately after evening performances. Conference events during the day, depending on the size and timing of the event, could have staff as well as temporary site signage directing patrons to parking options. In addition, the City will institute a clear marketing campaign in print, website, billboard, ticket sales and temporary site signage directing patrons to the parking options for their respective event. Page 11 Mr. Isaac Conlen September 25, 2014 4. The parking study identified parking storage during the weekday evening performance. As such, the Public Works Traffic Division has provided recommendations to address this issue and will leave to the Planning Department to determine the appropriate mitigation. Response: The City of Federal Way has completed improvements to the Town Square Park immediately to the South of the PACC. These 140 stalls will cover the identified parking shortage of 90-100 stalls. In addition, the City is also looking into the possibility of utilizing stalls from the adjacent Wal-Mart parking lot to the west and our patrons will also have the use of possible open parking stalls at the sound Transit Parking Garage. Mr. Conlen, should you or other City staff have any questions regarding the comment responses contained herein, please do not hesitate to contact me. Thank you for your review. Sincerely, , Z - Joe Taflin, P.E. Associate Principal joe@pacland.com Enclosures Land Use Response Letter #2.doc Page 12 Mr. Isaac Conlen September 25, 2014 DRAWING CHANGES PER SHEET The following list describes changes that have been made to each sheet for the response package. G000 — Cover Sheet • Updated color rendering ■ Updated sheet index C100 • S. 314th sidewalk revised for standard Type Q street section • C-curb added to S. 20th Street • Parallel parking stalls along PACC north side • Revised landscape island at vehicle dropoff/turnaround at PACC SE corner • Revised loading dock configuration • Sidewalk added from S. 201h to hotel • Revised pervious concrete extents ■ Revised plaza layout • S. 316th revised for standard Type L street section • Sections added for 3161h and 314th C200 • Updated grading and drainage infrastructure for the revised site plan C300 ■ Added a new fire hydrant at the northeast corner of the site • Revised the FDC location for the future hotel ■ Show relocating an existing hydrant at the southeast corner of the site to a location closer to the PACC building • Show removal of an existing fire hydrant at the southwest corner of the PACC building L1000 • Updated landscape rendering for new building configuration and landscape design • Refined plaza design and connection to stairway to 316th Page 13 Mr. Isaac Conlen September 25, 2014 • Revised layout at drop-off and south end of parking lot ■ Plaza development included eliminating stage element and providing custom seating • Concrete 'Boardwalk' at east side of building changed to standard CIP concrete • Evergreen tree planting extended around loading dock down west and north side of building • Pedestrian linkage to property to the east has been provided as 'future possible connection' • Two trees provided for parking lot islands greater than 150 square feet • Trees removed that were shown within easements. No trees to be provided within easements per easement agreement L1002 • Planting schedule updated to reflect changes to base plans indicated above • Tree quantities updated to reflect changes to base plans indicated above A100 - Site Pla • Modified the site plan to reflect the revised loading dock configuration • Modified the site plan to reflect the new plaza and landscape design A201—Ground Floor P • Revised ground floor plan A202 — Mezzanine Pla • Revised Mezzanine floor plan A300 — Elevations • Elevations revised to reflect new materials selections and building design A301— Elevations • Elevations revised to reflect new materials selections and building design A302 — Exterior Views • New Sheet showing conceptual 3D massing (replaces sheets A901-A903) Page 14 Mr. Isaac Conlen September 25, 2014 E003 -- Luminaire Schedule ■ Added site lighting schedule E103 — Lighting Site Plan Updated site lighting elements for the revised site plan Page 15 Mr. Isaac Conlen September 25, 2014 FIRE TURNING Ex i II BIT CM co 2a U OPROPOSEDPACC N F T- BUILDING m w ' 32,946+ SF = N J FFE = 475 w U m IM 04) ca w, Q W V _r----_---- W W LL 32 FOOT INSIDE w TURNING RADIUS I • c u LnN I .p. •• - r - - I • ' - - .•• 5 M .cl - 40—FOOT OUTSIDE \i TURNING RADIUS tr ~ u- f? r. or+ 1 • -OIi � .. . ... } i ....... ... ........ ....... ........ .. ... ... . ... .......... .. .......... co VI C m > O lq-y N 4 '7 N r1 (n m Page 16 Mr. Isaac Conlen September 25, 2014 TRUCK TURNING EXHIBITS FWPACC 25 September 2014 20th Ave S LJ .......... PACC I HHHUMM ]0 HHH5 . w U) 7, '77,77 (y) U) o I. ,� .. I I I I I ... I l i I I IF:�;.� i ��, SMALL SEMI -TRAILER ENTRY INTO SITE AND DOCK BACK-UP SEQUENCE Truck Turning Studies DIRECTION OF VEHICLE TRAVELPage 1 of 4 IL-1 FWPACC 25 September 2014 DIRECTION OF VEHICLE TRAVEL 20th Ave S � f . - - - f - -- �J;. PACC �I a _III 7-7 _ III SMALL SEMI -TRAILER EXIT FROM SITE hl I 1 1 I I I I I a J J Truck Turning Studies Page 2 of 4 FWPACC 25 September 2014 20th Ave S HOTEL ... n � I + i fit � I _ 1 PACC ++ I r� I Cn u 1 I 1 i �e a •o• o e a a e e e��.:"'.'4'-'.','� i S� v a � 1 I I i PACKAGE VAN ENTRY INTO SITE AND AL DOCK BACK-UP SEQUENCE " DIRECTION OF Truck Turning Studies VEHICLE TRAVEL Page 3 of 4 FWPACC 25 September 2014 DIRECTION OF VEHICLE TRAVEL 20th Ave S ti 71 ri - - - - - - - - -SU-3d AWM MI t HUME UUMMUHHU ly� HOTEL V, PACKAGE VAN EXIT FROM SITE i Cn 4 co M Truck Turning Studies Page 4 of 4 Page 17 Mr. Isaac Conlen September 25, 2014 TRAFFIC & PARKING STUDY MEMO 7rtranSPOGROUP WHAT TRANSPORTATION CAN BE. MEMORANDUM Date: September 23, 2014 TG: 13229.00 To: Patrick Doherty — City of Federal Way From: Kevin L. Jones, P.E., PTOE — Transpo Group PJ Santos — Lorax Partners cc: Joe Taflin, P.E. — PACLAND Subject: Federal Way Performing Arts & Conference Center — Traffic & Parking Study This memorandum documents our estimates of vehicular trip generation and parking demand associated with the Federal Way Performing Arts & Conference Center (PACC). It also generally describes vehicular circulation and site access operations and identifies measures to mitigate potential project -generated traffic/parking impacts. Proiect Description We understand the proposed project would include the demolition of a 46,200-sf building formerly occupied by Toys "R" Us and construction of a 42,000-sf PACC with a 700-seat auditorium, 119-room hotel and 173 parking stalls constructed on the northeast corner of S 316th Street and 20th Avenue S. Approximately 90 stalls or just over one-half of the total parking supply would be reserved for hotel parking with the remaining 83 stalls designated for the PACC. Access is proposed via two driveways, one on S 314th Street and one on 20th Avenue S. It is anticipated that the proposed development would be open in 2017. Methodology We estimated a range of trip generation and parking demand recognizing both performances and conferences would range in size as well. For example, we estimated trip generation and parking demand for both a "design capacity" scenario reflecting 75 percent of the maximum performance/conference attendance as well as a "high -activity" scenario reflecting the highest possible attendance. Most PACC events would generate traffic and parking demand up to the "design capacity" scenario whereas the "high -activity" scenario is anticipated to occur far more infrequently, perhaps five times per year or less. It is also worth noting that from a scheduling perspective, we understand large conferences would not be scheduled the same day as an evening performance because, for numerous reasons, it would be infeasible to do so. A variety of assumptions were made to estimate project trip generation and parking demand. With respect to trips and parking demand generated by performances, these assumptions included the number of PACC staff, performers and audience members as well as arrival/departure patterns, travel mode split, and average vehicle occupancy (AVO) of each group. Similarly, for trips and parking demand generated by conferences, we made assumptions regarding the number of PACC staff and conference participants as well as arrival/departure patterns, travel mode split, and AVO of both staff and participants. All of the assumptions identified above are summarized in the attachment. Estimating trip generation and parking demand for the hotel component required fewer assumptions as estimates were primarily based on the number of rooms and average trip generation rates for hotels in Trip Generation (ITE, 9th Edition, 2012) and average peak parking demand rates for hotels in Parking Generation (ITE, 4th Edition, 2010). However, recognizing that participants at large conferences would likely occupy some hotel rooms, an assumption was made (and described in the attachment) in order to not double count trips or parking demand. An assumption was also made with respect to percent occupancy with a large conference. Transpo Group 11730 118th Avenue N.E., Suite 600 Kirkland, WA 98034 425-821-3665 Fax: 425-825-8434 Trip Generation We estimated the number of vehicular trips generated by the proposed project during two time periods: (1) the weekday afternoon peak hour coinciding with the peak hour of adjacent street traffic (busiest one -hour period between 4:00 and 6:00 p.m.) and (2) the weekday evening peak hour associated with post -performance activity (busiest one -hour period between 9:00 and 11:00 p.m.). Whereas trip generation during the former period is necessary for transportation concurrency testing, we estimated trip generation during the latter period because no other hour would generate more vehicular trips than the hour immediately following a large performance, including any one -hour period associated with a conference. The attachment presents our detailed trip generation calculations, including those for the previous on -site use. For most days with a performance, we estimate the project would generate up to approximately 149 trips during the weekday afternoon peak hour and up to approximately 279 trips during the weekday evening peak hour'. For most days with a large conference and without an evening performance, we estimate the project would generate up to approximately 183 trips during the weekday afternoon peak hourz. With respect to potential trip credits, we estimate the Toys "R" Us likely generated 160 to 204 primary trips during the weekday afternoon peak hour, depending on the percentage of vehicle trips passing -by the site. Parking Demand Vehicular parking demand was estimated for two time periods: (1) weekday early afternoon between noon and 2:00 p.m. and (2) weekday evening between 7:00 and 9:00 p.m. The former period is associated with the peak parking demand for conferences whereas the latter period is associated with the peak parking demand for both the hotel and performances. Our detailed parking demand calculations are presented in the attachment. Assuming PACC staff would be required to park off -site, we estimate on most days, the hotel and conferences would collectively generate a parking demand of up to approximately 279 vehicles during the weekday early afternoon, 106 more vehicles than the on -site parking supply3. The City would need to execute one or more reciprocal agreements and/or lease/purchase agreements with adjacent property owners to provide parking for these additional vehicles and have such parking located within close proximity. This is also addressed in the "Mitigation Measures" section of this memo (see page 3). During the weekday evening on most days and assuming PACC staff would be required to park off -site, we estimate the hotel and performances would collectively generate a parking demand of up to approximately 330 vehicles, 176 more vehicles than the on -site supply considering not all of the stalls reserved for hotel use would be used by hotel guests4. Since this demand would occur during the weekday evening, one option to accommodate these additional vehicles would be the parking supply available during this time period in the approximate 1,190-stall parking garage at the Federal Way Transit Center. The Transit Center is located south of S 326th Street and east of 21 st Avenue S and the weekday evening is the off-peak period of the parking garage. ' On rare occasions with maximum attendance at performances, we estimate the project would generate up to approximately 185 trips during the weekday afternoon peak hour and up to approximately 378 trips during the weekday evening peak hour. 2 We estimate the project would generate u to approximately 222 trips during the weekday afternoon peak hour � P 1 9 P PP Y P 9 Y on rare occasions with maximum attendance at conferences. 3 On rare occasions with maximum attendance, we estimate the hotel and conferences would collectively generate a parking demand of up to approximately 356 vehicles during the weekday early afternoon, 183 more vehicles than the on - site parking supply. 4 We estimate the hotel and performances would collectively generate a parking demand of up to approximately 429 vehicles during the weekday evening on rare occasions with maximum attendance. This estimate is 275 more vehicles than the on -site supply considering not all of the stalls reserved for hotel use would be used by hotel guests. 2 of 3 ��tranSPOGROUP J Circulation In general, traffic generated by the PACC would circulate along the adjacent roadways, including S 314th Street to the north, S 316th Street to the south, 23rd Avenue S to the east, and 20th Avenue S to the west. All project traffic parking on -site would travel to/from the east/west via S 314th Street or to/from the north/south on 20th Avenue S and as such, increases in traffic is anticipated at the signalized intersections of S 314th Street/20th Avenue S, S 314th Street/23rd Avenue S and S 316th Street/20th Avenue S. As is the case today, with increases in traffic, the timing of these traffic signals would adjust automatically to serve this additional demand as well as possible. Moreover, with most PACC traffic occurring during the off-peak hours of -� adjacent street traffic, it is unlikely that the combination of existing and project traffic would exceed the intersection capacity at these locations. -� For well -attended evening performances, the majority of project traffic would park off -site and one option would have this traffic parking at the Federal Way Transit Center parking garage given the time of day and parking availability. From a circulation perspective, all of these trips would travel to/from the north/south via 21 st Avenue S or 23rd Avenue S and as such, increases in traffic is anticipated at the signalized intersections of S 316th Street/23rd Avenue S and S 317th Street/23rd Avenue S and stop sign controlled intersection of S 316th Street/21st Avenue S. Given that the pre- and post -event time periods align with the off-peak hours of adjacent street traffic, there likely would be excess intersection capacity to accommodate these additional trips. J J J J J J J J J J J J Access ❑ erations Site access is proposed via 20th Avenue S and S 314th Street. The amount of project traffic at these access points is primarily controlled by the number of on -site parking stalls and turnover frequency. During the weekday afternoon peak hour, most of the traffic generated by the PACC would be inbound trips with an evening performance and without a daytime conference. The opposite would be true with a daytime conference and without an evening performance. More on -site vehicular delay would be associated with the latter scenario as outbound traffic would stop and wait for a gap in traffic along S 314th Street and 20th Avenue S. Assuming most of this outbound traffic would occur during a relatively short period of time following the completion of a conference, delays and on -site queuing would be possible given the high outbound traffic volume and the peaking characteristics of S 314th Street and 20th Avenue S. Most project traffic would be outbound during the weekday evening peak hour following a performance. This traffic would be required to stop and wait for a gap in traffic along S 314th Street and 20th Avenue S. However, unlike the scenario described above, less delay and less on -site queuing would be anticipated because the number of outbound trips would be limited to the number of parking stalls designated for the PACC and traffic volumes on S 314th Street and 20th Avenue S would be significantly less during the weekday evening peak hour as compared with the weekday afternoon peak hour. Mitigation Measures Given the findings described in this memo, we recommend the following mitigation measure in conjunction with the proposed PACC: • Implementation of an on -going traffic management plan, especially in conjunction with large conferences and performances. The plan would include monitoring of conditions and as necessary, use of traffic control police officers to facilitate vehicular egress at the two site accesses following large events; and • Exploration of reciprocal agreements with adjacent property owners and/or the lease/purchase of additional nearby parking to supplement the on -site parking supply and provide adequate mid -day parking in conjunction with large conferences. Attachment: Assumptions and Calculations girCfanSPOGROUP 3 of 3 Federal Way Performing Arts & Conference Center (PACC) — Traffic & Parking Study Assumptions and Calculations Trip Generation Weekdav afternoon oeak hour coincidina with the peak hour of adiacent streettraffic (busiest one -hour period between 4:00 and 6:00 .m. o Performing Arts Center • Assume 10 PACC staff; 100% inbound vehicle trips; 1.0 avg. vehicle occupancy (AVO) (10)*(1.0)*(1.0) = 10 inbound trips • Assume 20 to 40 performers; 100% inbound vehicle trips; 1.0 AVO ■ (20 to 40)*(1.0)*(1.0) = 20 to 40 inbound trips • Assume 20% of audience; 100% inbound vehicle trips; 2.2 AVO • 2.2 AVO consistent with Kirkland Performing Arts Center EIS • "design capacity" = 75% of 700 = (700)*(0.75) = 525-person audience • "high -activity" = 100% of 700 = (700)*(1.0) = 700-person audience • (525 to 700)*(0.20)*(1.0)/(2.2) = 48 to 64 inbound trips • Total = 78 inbound trips ("design capacity") to 114 inbound trips ("high -activity") o Conference Center • Assume 25 PACC staff; 100% outbound vehicle trips; 1.0 AVO • (25)*(1.0)*(1.0) = 25 outbound trips • Assume 50% of participants; 100% outbound vehicle trips; 1.3 AVO 1.3 AVO consistent with Meydenbauer Convention Center Expansion EIS • "design capacity" = 75% of 400 = (400)*(0.75) = 300 participants • "high -activity" = 100% of 400 = (400)*(1.0) = 400 participants • (300 to 400)*(0.50)*(1.0)/(1.3) = 115 to 154 outbound trips • Total = 140 outbound trips ("design capacity") to 179 outbound trips ("high -activity") o Hotel • Trip data in ITE Trip Generation for Land Use (LU) 310 ("Hotel") ■ Average trip rate of 0.6 vehicle trips per hotel room • 51 % inbound trips and 49% outbound trips • (119)*(0.6)*(0.51) = 36 inbound trips; (119)*(0.6)*(0.49) = 35 outbound trips • Assume 60% of rooms would not be occupied by conference participants • 60% consistent with "percent nonguest" in ULI Shared Parking for conference attendees at hotels Trip gen for conferences captures the trips generated by the remaining rooms • (119)*(0.60)*(0.6) = 43 trips; (22 inbound trips and 21 outbound trips) ■ Total = 22 inbound trips and 21 outbound trips with a conference and 36 inbound trips and 35 outbound trips without a conference o Total = 149 trips ("design capacity") to 185 trips ("high -activity") with an evening performance and without a daytime conference, including 114 to 150 inbound trips and 35 outbound trips o Total = 183 trips ("design capacity") to 222 trips ("high -activity") with a daytime conference and without an evening performance, including 22 inbound trips and 161 to 200 outbound trips o Previous Toy Superstore (Toys "R" Us totaling 46,200 square feet) • Trip data in ITE Trip Generation for Land Use (LU) 864 ("Toy/Children's Superstore") • Average trip rate of 4.99 vehicle trips per 1,000 square feet gross floor area ■ 50% inbound trips and 50% outbound trips • (46.2)*(4.99)*(0.5) = 115 inbound trips and 115 outbound trips • Assume 10% to 30% of total vehicle trips passing -by the site For traffic impact fees, Federal Way applies 30% pass -by rate for LU 864 • Can assume lower rate given lower volumes on S 316th St and 20th Ave S • (115)*(0.9) = 103 trips; (115)*(0.7) = 80 trips • Total = 160 to 204 primary trips, including 80 to 103 inbound and outbound trips 1 of 4 r-� Federal Way Performing Arts & Conference Center (PACC) — Traffic & Parking Study Assumptions and Calculations Trip Generation (cont.) Weekdav eveninc peak hour associated with the post -event of performing arts center busiest one -hour period between 9:00 and 11:00 p .m. o Performing Arts Center ■ Assume 10 PACC staff; 100% outbound vehicle trips; 1.0 AVO ■ (10)*(1.0)*(1.0) = 10 outbound trips • Assume 20 to 40 performers; 100% outbound vehicle trips; 1.0 AVO • (20 to 40)*(1.0)*(1.0) = 20 to 40 outbound trips • Assume 100% of audience; 100% outbound vehicle trips; 2.2 AVO ■ 2.2 AVO consistent with Kirkland Performing Arts Center EIS • "design capacity" = 75% of 700 = (700)*(0.75) = 525-person audience ■ "high -activity" = 100% of 700 = (700)*(1.0) = 700-person audience ■ (525 to 700)*(1.0)*(1.0)/(2.2) = 239 to 318 outbound trips • Total = 269 outbound trips ("design capacity") to 368 outbound trips ("high -activity") o Conference Center • Assume large conferences would not be scheduled the same day as a performance • Assume no vehicular trip generation during this hour o Hotel • Trip data in ITE Trip Generation for LU 310 ("Hotel') Average daily trip rate of 8.17 vehicle trips per hotel room Weekday PM peak hour trip generation represents approx. 7% of daily trips • Assume 1 % of daily trips are generated during the evening peak hour (119)-(8.17)-(0.01) = 10 inbound trips o Total = 279 trips ("design capacity") to 378 trips ("high -activity") with an evening performance and without a daytime conference, including 10 inbound trips and 269 to 368 outbound trips o Weekday evening peak hour trips would be significantly less with a daytime conference and without an evening performance o Previous Toy Superstore (Toys "R" Us totaling 46,200 square feet) ■ Assume store is closed after 9:00 p.m. on weekday evenings • Total = 0 primary trips 2 of 4 Federal Way Performing Arts & Conference Center (PACC) — Traffic & Parking Study Assumptions and Calculations Parking Demand Weekday early afternoon peak parkiniq demand primarily associated with the conference center between noon and 2:00 .m. o Performing Arts Center • Assume no parking demand during this hour o Conference Center • Assume 25 PACC staff; 100% vehicle orientation; 1.0 AVO • (25)*(1.0)*(1.0) = 25 vehicles ■ Assume all of these vehicles would be required to park off -site ■ Assume 100% of participants; 100% vehicle orientation; 1.3 AVO 1.3 AVO consistent with Meydenbauer Convention Center Expansion EIS • "design capacity" = 75% of 400 = (400)*(0.75) = 300 participants • "high -activity" = 100% of 400 = (400)*(1.0) = 400 participants • (300 to 400)*(1.0)*(1.0)/(1.3) = 231 to 308 vehicles • Total = 256 vehicles ("design capacity") to 333 vehicles ("high -activity") Hotel • Without a daytime conference; trip data in ITE Parking Generation for LU 310 ("Hotel') • Average weekday occupancy rate of 67% • Average weekday peak parking demand of 0.89 vehicles per occupied suburban hotel room • Mid -day demand is approx. 75% of the peak period • (119)-(0.67)-(0.89)*(0.75) = 53 vehicles • With a daytime conference; assume 60% of rooms would not be occupied by conference participants • Assume 100% of the rooms are generally occupied 60% consistent with "percent nonguest" in ULI Shared Parking for conference attendees at hotels • Parking demand for conferences captures the vehicles generated by the remaining rooms •(119)*(1.0)-(0.60)-(0.89)-(0.75) = 48 vehicles • Total = 48 and 53 vehicles with and without a conference, respectively Total = 304 vehicles ("design capacity") to 381 vehicles ("high -activity") with a daytime conference and without an evening performance Weekday early afternoon peak parking demand would be significantly less with an evening performance and without a daytime conference 3 of 4 Federal Way Performing Arts & Conference Center (PACC) — Traffic & Parking Study Assumptions and Calculations Parking Demand (cont.) Weekday evening peak parking demand primarily associated with the performiag arts center between 7:00 and 9:00 p.m.) o Performing Arts Center • Assume 10 PACC staff; 100% vehicle orientation; 1.0 AVO • (10)*(1.0)*(1.0) = 10 vehicles ■ Assume all of these vehicles would be required to park off -site • Assume 20 to 40 performers; 100% vehicle orientation; 1.0 AVO (20 to 40)*(1.0)*(1.0) = 20 to 40 vehicles - Assume 100% of audience; 100% vehicle orientation; 2.2 AVO 2.2 AVO consistent with Kirkland Performing Arts Center EIS "design capacity" = 75% of 700 = (700)*(0.75) = 525-person audience "high -activity" = 100% of 700 = (700)*(1.0) = 700-person audience • (525 to 700)*(1.0)*(1.0)/(2.2) = 239 to 318 vehicles • Total = 269 vehicles ("design capacity") to 368 vehicles ("high -activity") o Conference Center • Assume large conferences would not be scheduled the same day as a performance • Assume no parking demand during this hour o Hotel Trip data in ITE Parking Generation for LU 310 ("Hotel') Average weekday occupancy rate of 67% • Average weekday peak parking demand of 0.89 vehicles per occupied suburban hotel room • (119)-(0.67)'(0.89) = 71 vehicles o Total = 340 vehicles ("design capacity") to 439 vehicles ("high -activity") with an evening performance and without a daytime conference o Weekday evening peak parking demand would be significantly less with a daytime conference and without an evening performance 4 of 4 CITY OF Federal July 11, 2014 Mr. P J Santos Lorax Partners 101 Stewart Street, Suite 350 Seattle, WA 98101 pj@loraxparttlers.com CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityofiederalway.. com FILE Re: File #14-100496-00-UP; REVIEW COMMENTS Performing Arts & Conference Center (PACC) 31510 20th Avenue South, Federal Way Dear Mr. Santos: Please see enclosed comments from the Traffic and Solid Waste Divisions of the Public'Norks Department (the Planning Division has no further comments). Additionally, comments from the Building Official and Lakehaven Utility District are enclosed (most of Lakehaven's comments are non -applicable as you are not adding new hydrants, but I am forwarding the full comments). Please provide revised plans that address these comments as well as the Planning Division comments previously sent. Do not hesitate to contact me if you have any questions. I can be reached at 253-835-2643, or isaac.conlen(@cityoEfederalway.cayn. Sincerely, Isaac Conlen Planning Manager Enc: Public Works Department Comments Building Official Email Comments Lakehaven Utility District Comments Resubmittal Form c: Patric], Doherty, Director, Community Development Ken Miller, PACC Project Director Grace Skidmore, Development Specialist Sarady Long, Senior Transportation Planning Engineer Rob Van Orsow, Solid Waste/Recycling Coordinator Brian Asbury, Lakehaven Utility District Joe Taflin, Pacland, 11400 SE 8t1l Street, Bellevue, WA 98004, joe C@pacland.com Doc. I.U. 66079 1 City of Federal Way - Solid Waste Related Design Guidelines - Second Round Federal Way PACC Referencing Plan Set Resubmitted: May 20, 2014 and Proponent Comments to Isaac Conlen dated May 19, 2014 Staff Input Provided: June 27, 2014 Solid Waste & Recycling Design Considerations 1. Solid waste and recycling design considerations for commercial uses include: • Adequate space allocation for interior and exterior garbage, recycling, food waste, or hazardous waste. Minimum recycling space allocation is established by FWRC 19.125.150 (attached). I appreciate that the 'niche' designated for SWR has been increased to 104 square feet - but this is still shy of the 180 square feet suggested. The Proponent Comment indicated that there is "additional area to the east of the niche (within the loading dock)," but plans show,any-containers placed in this space would block the loading dock itself. The 'dumpster' area measures 17' across (north to south) - this will not allow three dumpsters to,be placed 'side -by -side. - for three dumpsters to fit that way, it would have to be 21' across. As is, two dumpsters could be placed side -by -side (14'). If an additional 1' could be added to the 17', this would, allow a third dumpster to be placed along the wall,: forming an "L" configuration, making use of the southwest -corner and back wall of the'dock: This would be preferable. If the design stays as is (17'), all three dumpsters will still "fif', but at least two will be oriented the wrong way, making ongoing use difficult. ■ Plan for unobstructed, safe enclosure ingress and egress for service vehicles, preferably in -line with enclosure openings. Allow appropriate turning radii for service vehicles, and minimize potential 'blind spots' during ingress and egress. PACC design will require "roll -out" service. This means dumpsters will have to be small enough in size to allow them to be rolled on castors to the service truck. Smaller dumpsters equal more frequent service and more chances for on -site overflow. This is regrettable, but constraints leave no other option for this site - unless the loading dock area is extensively redesigned. If this occurs, please consider adding additional space for containers and improved service vehicle access to the dock area. Access for service vehicles is generally acceptable - especially on vehicle entry. Garbage trucks will enter cab first, despite the Proponent Comment that is it most safe 'if vehicles back into the dock'. Site Plan A100 shows no "pork chop" island at the 20th Ave South entrance, and the 'no island' design is preferred over the "pork chop" island as shown on Site Plan L101 (which frankly is too small to prevent southbound turns onto 20th Ave South, but will create a curb -hopping obstacle for many service vehicles). For additional input, please contact: City of Federal Way Public Works Dept. - Solid Waste & Recycling Division. Rob Van Orsow, 253-835-2770, rob.vanorsow@cityofederalway.com Federal Way Revised Code Excerpts 19.125.150 Garbage and recycling receptacles — Placement and screening (1) Storage area. Storage areas for garbage and recycling receptacles for material generated on site shall be required to be incorporated into the designs for multifamily, commercial and institutional buildings constructed after January 1,1993. (2) Exemptions. The following structures are exempt from the requirements of this section: (a) Multifamily dwellings that will be served by curbside collection at each unit. (b) Storage receptacles for detached dwelling units, parks or construction sites. (c) Structural alterations or increases in gross floor area to existing nonconforming structures which do not meet the threshold levels described in Chapter 19.30 FWRC. (3) Storage area defined. Storage areas shall include the areas containing receptacles served by collection equipment and may also include interim on -site storage areas used to aggregate material prior to delivering it to the collection storage area. (4) Location. Except as specified in subsection (b) of this section, garbage and recycling receptacles, including underground facilities: (a) May not be located in required yards; (b) May not be located in buffer areas required by or under this Code; and (c) Must be screened according to FWRC 19.125.010 et al. (5) Security and accessibility. The following provision shall apply to all recyclable storage areas which contain receptacles served by commercial collection equipment. (a) The storage area for recycling receptacles shall be located adjacent to the garbage storage area. The enclosures shall be easily accessible to users occupying the site. If the space is located within a structure, collection equipment must have an adequate vertical clearance and an adequate turning radius to ensure access and ease of ingress and egress. (b) Storage areas shall not interfere with the primary use of the site. The area shall be located so that collection of materials by trucks shall interfere with pedestrian or vehicular movement to the minimum extent possible. The storage area shall not be located in areas incompatible with noise, odor and increased pedestrian and vehicle traffic. (6) Design guidelines; general. The following provisions shall apply to all storage area designs: (a) Design and architectural compatibility. The design of the storage area should be consistent with the architectural design of the primary structure(s) on the site. Storage areas shall be built on a flat and level area of a minimum of 50 feet from and at the same grade as the truck access area. (b) Enclosure and landscaping. All outdoor trash enclosures for garbage and recycling receptacles shall be screened according to FWRC 19.125.040 (4) and (5). Gate openings should be at least 12 feet wide if garbage and/or recycling drop boxes are used. In all other cases, gates shall be of sufficient width to allow access by recycling collectors and equipment. The landscaping shall be designed so as not to impede access to the storage area. (c) Signage. Enclosure signs should be in conformance with Chapter 19.140 FWRC and shall not exceed two square feet per sign face. The containers for recycling and garbage should be identified using clearly visible signs. (d) Weather protection. Storage containers shall be protected from weather damage by using containers that are largely weather-proof or by covering the storage area. Roofed storage areas must be accessible to haulers and collection equipment. (7) Space requirements. The following minimum space requirements for recycling storage areas shall be incorporated into the design of all buildings: (a) Multifamily: 1.5 square feet per unit, with a minimum of 65 square feet. (b) General commercial: Three square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. (c) Retail: Five square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. (d) Educational and institutional: Two square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. (Ord. No. 93-170, § 5, 4-20-93; Ord. No. 92-158, § 3,12-15-92; Ord. No. 90-43, § 2(115.45), 2-27-90. Code 2001 § 22-949.) Cross reference: Solid waste, FWRC Title 11 Division II. 19.125.0.40 General landscaping requirements All zones (excerpt) (4) All trash enclosures shall be screened from abutting properties and/or public rights - of -way by a 10.0 percent sight -obscuring fence or wall and appropriate landscape screen. (5) Type III landscaping, defined in FWRC 19.125:050(3); shall be placed outside of sight-' obscuring fences abutting public rights -of -way and/or easements unless determined by the director of community development that such -arrangement would be detrimental to the stated :purpose, of this article. crry OF CITY HALL Ak Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com June 24, 2014 Mr. P J Santos Lorax Partners FILE 101 Stewart Street, Suite 350 Seattle, NVA 98101 pj@loraxpartners.com Re: File #14-100496-00-UP; PLANNING DIVISION 2ND REVIEW Performing Arts & Conference Center (PACC); 31510 20th Avenue South, Federal'Way Dear Mi. Santos: City Planning staff has reviewed your re -submitted application materials and have the following comments. PLANNING DIVISION Site Plan 1. Sheet A100 (the site plan) has the truck turning radius super -unposed on top of the north half of the site. Please remove this diagram and show the entire site with future hotel improvements identified and labeled. Additionally, label the stage features and show and label the PACC garbage and recycling area. Landscaping 2. A second tree has been added to several landscaping islands over 150 square feet as requested in the first review. Due to design changes, several additional islands are now over 150 square feet in size and have only one tree. Please add a second tree to three islands, which show only one tree presently. Additionally, the new island created west of the new angle parking stalls is required to have one tree. 3. Please remove the planter in the 200, Avenue SW driveway from the landscaping plan if it is no longer proposed (to allow truck backing). Title Report/Easements 4. As you have identified, the original review letter cited an older version of the title report. My comments below refer to the current version. a. You have proposed to relinquish a PSE easement (8709140815, special exception item 7) and record a new easement to take its place. Please show new easement on utility plan and Building -Easement Overlay Exhibit (sheet C-1). Provide documentation of relinquishment prior to building permit approval. b. Thirty-foot ingress/egress easement (special exception item 3). Still looking into this issue. Mr. P J Santos Page 2 of 4 June 24, 2014 c. The easement drawing shows easement 8803280350 in two locations for water and one location (with same number) for sanitary sewer. You are proposing to relocate a portion of the water easement on the northeast portion of the site to eliminate conflict with the future hotel. Provide documentation of relocation/revocation prior to building permit approval. The water easement also appea,mon tlie. south and west sides of the property and appears to conflict with the proposed stages. Pleaseidentify Now this will be resoled. The sanitary sewer easement depicted in the north -central part of the site appears to conflict with several landscaping islands. Please provide documentation that this is not an issue with LUD or otherwise resolve conflict. Parking and Walkways 5. As noted previously, additional off -site parking will be necessary for larger events. Please continue to develop a plan for additional parking. A condition will be added to the land use decision requiring that adequate parking be provided prior to the certificate of occupancy issuance. 6. The architectural, civil, and landscaping plans show a striped feature that looks like a walkway, located in the area south of the large plaza near the stair landing. What is this feature? If it is a walkway, what type of paving is utilized? Label this feature on the drawings. Design Guidelines 7. Please depict all site furnishings and plaza elements on the building permit submittal drawings. A condition Nvill be added to the land use decision requiring that these elements be added. 8. The design treatments described to address the large retaining walls adjacent to SW 316�1, Street and 20s' Avenue South are adequate to mitigate the size of the walls if implemented in full (except at the southwest corner as noted below). A modification to Federal Way Devised Code (F``URC) 19.120.120 will be approved. The land use decision will be conditioned to require these mitigation measures and the building permit application drawings need to depict the detailed implementation of these measures. Why does the landscaping at the base of the wall not wrap around the corner? The walls are tall in this location and should be screened —potentially with a different tree species if space/sight distance is an issue. Be aware the proposed signage will require approval through a separate sign permit application. 9. The first round of comments requested additional treatment of the west, north, and east elevations to meet the requirements of FWRC 19.115.060(3), in order to break up the scale of large blank walls. The resubmittal identified several methods to address this issue —see below. a. West Facade: You have proposed increasing the density of perimeter landscaping and adding a vitrine (the narrative describes one, but the elevation shows three south of the transformer and one that appears to be free-standing north of there —please clarify) and a bench (which I did not find depicted on the drawings). The addition of three vitrines and a bench adds visual interest at a pedestrian scale, but the heavy landscaping south of the transformer works at cross-purposes. Why not utilize the heavy landscaping still south of the transformer, then switch to lighter landscaping and allow the vitrines to be visible from the right-of-way (if that is what the three orange rectangles depicted on the elevation are)? i. L # 14-100496-00-U P Doc, I.D. 65749 Nir. P J Santos Page 3 of 4 June 24, 2014 b. North Facade: You've proposed the addition of some trees on this side. The large mass of the fly loft is still pretty blank. There was discussion in the narrative about use of different corrugation frequencies. I did not see that depicted in the elevations. Also, is it not possible to utilize more than one color in this area —maybe a horizontal or vertical band to break up the large mass? c. East Facade: Again, the proposal is to provide a vitrine and a bench as well as utilize different corrugation frequencies in the fly loft siding. My same comment on the north facade regarding corrugation frequencies applies here. Also, the lone vitrine seems sort -of out of place —a sequence of three would be preferable. Lighting 10. Please provide sheet L002 (referenced in response to first round comments, but I do not have a copy). Please add a note to the lighting plan indicating that all areas of the site will be lit in compliance with the recommendations of the Engineers Society of America standards. Add a note indicating that light standards shall not exceed 30 feet in height. Details of up -lighting features for the walls and stairs will need to be provided with dle building permit submittal. 11. It is not clear that sufficient lighting is proposed in the southwest corner of the site. Please show additional lighting here or explain why it is not necessary. Other City Departments Other city departments are still reviewing the last submittal. Their comments will be forwarded to you as soon as they are ready. Please provide revised plans along with the enclosed resubmittal form. Please also include a cover memo that briefly describes how each comment is addressed —this step simplifies and expedites our review. Do not hesitate to contact me if you have any questions. I can be reached at isaac.conlen ct,cityoFfederalway.com, or 253-835-2643. Sincerely, Isaac Conlen Planning Manager Enc: Resubmittal Form Patrick Doherty, Director, Community & Economic Development Ken Miller, PACC Project Director Grace Skidmore, Development Specialist Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Rob Van Orsow, Solid Waste/Recycling Coordinator Chris Ingham, South King Fire & Rescue Brian Asbury, l lkchavch Utility District joe'rifiin, Pardand. 11400 St 811, Smut, Bellevue, WA 98004, joe@pacland.com Pilc 9 14-100496-00-UI' Uoc. I.U. 6,749 11400 S.E. 8TH STREET �25.453.9501 SUITE 345 F, ,25.453.8208 BELLEVUE, WA 98004 WWW.PACLAND.COM May 19, 2014 Mr. Isaac Conlen, Planning Manager City of Federal Way 33325 8th Avenue South Federal Way, Washington 98003-6325 RESUSIA,��,R_=� MAY 2 0 CITY OF FEbcL'XL �• CDS Subject: Federal Way Performing Arts and Civic Center; Federal Way, Washington Land Use Process III Comment Response Letter Dear Mr. Conlen, Thank you for your review of the Land Use Process III submittal for the Federal Way Performing Arts and Conference Center (PACC). We have received the City Use Process III review comments, dated March 14, 2014 (Planning, Public Works Development Services, Solid Waste/Recycling, South King County Fire & Rescue, and Lakehaven Utility District), and February 20, 2014 (Public Works Traffic Division), and have revised the submittal documents accordingly. Within this letter we have included a compilation of City comments received and the corresponding design team responses. The numbering is per the original City comments received. We hope you find the resolution of the review comments acceptable. Please feel free to contact me with any questions or coordination items you have. PLANNING DIVISION (Isaac Conlen, isaac.conlen cit offederalwa .com, 253-825-2643) The submitted plans depict the proposed hotel, but do not give the level of detail necessary for a complete review. It is my understanding that you wish for the hotel to be approved in concept, but that the final approval be deferred to a subsequent land use review. Therefore, we will review the hotel and approve in concept (upon determining in compliance with code). We will attach a condition of approval to the Process III decision that the full land use review be completed under a subsequent Process II submittal. Please identify the height of the hotel (if known at this time). Also, will the hotel patio be reserved for hotel guests or open to general public on -site? Response: The proposed hotel will be submitted for land use approval under a separate submittal to the City in the future. For reference, the hotel will be 48 feet to the top of the roof, and 60 feet to the top of the elevator shaft. The hotel patio will be reserved for hotel guests. Please add the pool and hotel lobby and PACC plaza stages to the site plan (sheet A100). Also, add and label (both) trash enclosures on the various plans. Label the hotel elements as "conceptual' on the site, civil, and landscaping plans. TURNING VISIONS INTO REALITY Page 2 Mr. Isaac Conlen May 19, 2014 Response: Labels added to site plans as indicated. The PACC building measures to 65.5-feet in height. Federal Way Revised Code (FWRC) 19.230.050 allows this use to a height of 65-feet. Note 1) of this code section allows modification of the height where three criteria can be met. This .5-foot increase is supported by city code and will be allowed. Response: Noted. 4. The two large, existing retaining walls on South 316th Street and 20th Avenue South are nonconforming to current city code with regard to height, material, and setback from the right-of- way (FWRC 19.120.120). A modification, pursuant to FWRC 19.120.050, is required to allow each of these walls to remain as -is. Please provide a short written evaluation of how the walls meet the above referenced modification provisions. Also, see review comments 18 and 20 relating to the walls. Response: The following landscape enhancements and design treatments are to be provided for the two large, existing retaining walls on South 316th Street and 20th Avenue South to mitigate the height, bulk, and character of the walls: signage - significant project identification signage to be incorporated into the wall; stairway - a sculptural, floating stair to be provided for access to the site from 20th Avenue South; climbing vines - Boston Ivy or similar clinging vine to be used to soften the appearance of the wall and provide the 'greenwall' as referenced by architecture on sheet A901; lighting - various methods of illumination including uplighting, backlighting, and accent lighting to be used to enhance the proposed stairway, signage, and landscape; buffer landscaping - consideration of the existing landscape will be reviewed and trees may be removed and replaced to provide visual separation and soften the appearance of the wall by incorporating a Type 111 buffer in the existing setback between the property line and wall; texturing - further texturing including sandblasting to be considered during design development. These proposed modifications will result in meeting or exceeding the standard height, material, and setbacks required per FWRC 19.120.120. Reference architectural illustration on sheet A901 for examples of landscape enhancements and proposed design treatment to mitigate height, bulk, and character of the existing retaining walls. Landscaping Landscaping islands over 150 square feet require two trees. Please add a second tree to several islands —see the enclosed mark-up. Response: Trees added to landscaping islands as indicated on the mark-up. 6. Perimeter landscaping is only required on the east property line (although significant perimeter landscaping is proposed on the other three sides —which is great). The requirement on the east side is a five-foot Type III buffer. The proposed landscaping buffer measures approximately 4.5 feet wide and lacks (for the most part) trees required in a Type III buffer. Please adjust the buffer width Page 3 Mr. Isaac Conlen May 19, 2014 to five feet and add appropriate trees. Consider providing one or more breaks in this buffer to allow pedestrian and/or vehicular connection to the adjacent site (see mark-up). Response: Buffer width revised to V-0" in width. A 6'-0" wide path has been provided as a break in the buffer to serve as pedestrian access. Type 111 buffer is required for this property line, however, trees are being omitted and large evergreen shrubs and deciduous shrubs with groundcover are proposed for this buffer. The intent is to satisfy the purpose of a Type 111 buffer by providing visual separation and softening the appearance of the adjacent parking area but omit the use of trees since the adjacent use is unknown and increased pedestrian/vehicular access may be desired in the future. FWRC 19.125.070(7) requires that all landscaping within parking lots be drought tolerant. Please make adjustments as needed and confirm this on the landscaping plans. Response: Landscape plant schedule and notes revised to include drought tolerant plans for all landscaping within parking lots. Please confirm that the Type I landscaping used to screen the loading area from 20th Avenue South will be adequate to provide an effective sight -obscuring screen. Is fencing or a wall needed to supplement the plantings? Please describe the retaining wall (material) in the loading area. Response: The Type I buffer at the loading area will use evergreen trees, large shrubs, and groundcover to provide a 100 percent sight -obscuring screen. No fence will be necessary. The retaining wall a the loading area will be made of cast -in -place concrete. A final landscaping plan showing actual proposed plantings will be required in conjunction with the PACC building permit application. Response: Actual proposed plantings will be provided on the landscape planting plans for the building permit application. Note added to Landscape Plan. Title Report 10. 1 have a number of questions arising from the title report and survey drawing showing easements. It would be helpful in reviewing these issues to have a drawing that shows and labels each easement and shows the structural improvements proposed for the site (including light poles and planters) and nothing else. (The survey drawing shows much of this information, but is very hard to read due to the quantity of information depicted and it, of course, does not show proposed structures.) Where there is a conflict, identify how that will be resolved (easement to be removed/relocated, confirmation from beneficiary that encroachment is acceptable, etc.). a. Title report (special exception item 2) identifies a Puget Sound Power and Light easement on the property (recording number 8709140815). The survey drawing shows this easement Page 4 Mr. Isaac Conlen May 19, 2014 situated such that the proposed PACC building encroaches onto it. The title report states, "Contains covenant prohibiting structures over said easement...." Response: Note the title report that is referenced in the City documents is not the most up-to-date title report. Please reference the First American Title Insurance Company report dated May 3, 2014. The numbering of the easements varies between the two documents but the content is similar. Responses below reference the latest title report numbering. The PSE easement will be extinguished and a new one will be created in its place for the proposed power infrastructure. b. The survey drawing shows an ingress/egress easement (no recording number provided) across the south 25feet of the property. Improvements including the new stairway and possibly the stages are located within this easement (I am also curious why this easement is not mentioned in the title report). Response: This easement has been updated to be 30 feet wide along the south face of the property. It is shown on plan with its respective easement number (4772705). The easement appears to be an old access easement from before the 1970's redevelopment of the site. It does not appear to be applicable to the site any longer, but this needs to be reviewed by the City to verify as the legal document included within the title report is mostly illegible. c. Title report (item 3) identifies a Federal Way Water and Sewer District water easement on the site. The survey drawing shows it in several locations on the site. The proposed hotel building appears to encroach on the northern portion. I ca not tell if the proposed stages and/or light fixtures are proposed in the south portion of the easement, but they may be. Response: The existing easement is item 8 in the title report, and it is shown on plan. The proposed PACC building does not encroach on the easement. The proposed hotel easement does encroach with the easement, and a proposed revised easement location is shown on plan, along with the rerouted water main contained within the easement. A few small surface features, such as bollards and bollard lights, do encroach slightly into the easement in a few locations. The PACC design team will be working with Lakehaven Utility District to verify that this is acceptable. If it is not deemed acceptable, the site features will be moved out of the utility easement. d. Title report (item 4) references a 10-foot sewer easement on the property (recording number 8903130453)—no description of where. I did not see this one on the survey drawing. Response: The existing easement is item 9. It is highlighted and shown on the civil utility drawing. The proposed development does not encroach into this easement. e. Title report items 6, 7, 8, and 9 refer to covenants, restrictions, and easements, but no description of the purpose or location of the easements is given. Can these be identified/located? Page 5 Mr. Isaac Conlen May 19, 2014 Response: Item 6 cannot be located and refers to property downstream (south) of the subject property. Items 7, 8, and 9 are utility easements that are located and shown on the survey. The surveyor has verified that all locatable easements are shown on plan. Parkina and Walkwa 11. The parking study submitted with the application indicates a maximum need for 429 parking stalls (recognizing that this is for peak utilization that occurs infrequently). This peak parking demand would occur during evening performances, when the nearby Federal Way Transit Center is generally available for parking. The availability of the 1,100 transit center parking spaces, which are available for public use, should more than cover the delta between demand and on -site supply. An exception to this circumstance may occur when large evening sporting events take place in Seattle, at which time the transit center can fill up during evening hours. Please discuss how this issue will be managed. During the peak parking utilization in the weekday afternoon time period, parking demand would exceed on -site supply by approximately 100 spaces and up to 183 spaces for infrequent larger events. Additional off -site parking will need to be provided. Please supplement the parking study by proposing a list of options to address this need (such as properties that could potentially be leased/ purchased). Also, flush out the parking management strategies necessary to address this issue. For example, an assumption was made that facility staff would park off -site, but no further detail was given. Please elaborate. Response: We agree that the adjacent Transit parking garage will more then cover our maximum parking need during evening events. For daytime events, the team will continue to work to identify parking resources and deploy them either on an event -specific basis, a long-term basis or the outright purchase of a parking lot. With the abundance of parking supply in the immediate area, there will be a number of options (our intern researched this and pass the options along to you). 12. The proposed parking and drive isle dimensions meet the code. Compact stalls are required to be 8 feet wide, but are shown at 8.5 feet. These stall widths can be reduced to allow for additional stalls or landscaping. Response: The design team prefers to provide 8.5 feet wide compact stall width for usability. 13. The proposed concrete walkways through the asphalt driveways/parking areas (113 on sheet L101) show a distinction of material, but do not fully comply with FWRC 19.115.050(4)(b), which calls for stone, brick, or granite paves; exposed aggregate; or stamped and colored concrete. Consider adding stamping or color. Also, are the bars depicted in these walkways painted? Page 6 Mr. Isaac Conlen May 19, 2014 Response: The concrete walkways through the asphalt driveway be a specialty paving material to comply with FWRC 19.115.050(4)(b). Callouts on Landscape Plan revised as noted. The bars have been revised and were meant to show a differentiation in material patterning only and will not be painted. 14. FWRC 19.115.090(3)(d) calls for, "principal cross -site pedestrian pathways" to be a minimum width of six feet. The main pathway from 20th Avenue leading to the rain garden area meets this requirement, except for a short section just north of the rain garden, which is five feet in width. Please correct this dimension. Response: The walkways in question are revised to 6'-0" width. Design Guidelines 15. In order to determine that the project is consistent with city code, I need to understand the improvements proposed for the plaza, as well as other site furnishings. Please identify the location of site furniture such as benches, bike racks, garbage and recycling facilities, lighting, etc. as required by FWRC 19.115.050(4) and as proposed within the plaza. Please provide a plaza plan view detail. Response: The plaza will be a gathering spot for both pre- and post- functions at the Performing Arts Center. There will be a variety of amenities provided for patrons. Accommodations to include a variety of seating options, landscaping, lighting, an impromptu stage area, and specialty paving as well as the necessary trash/recycling facilities for a project of this size. The specific locations, quantities, and arrangement of these site amenities are to be determined during the design development of the project to satisfy FWRC 19.115.050(4). 16. The new proposed stair landing enters the site just behind the proposed stages. This primary pedestrian entry to the site should have an open, inviting feel to it. Placing the stages directly between the landing and building entry interferes with that objective. Please look at an alternative configuration. Response: Alternate configurations for the stage elements and additional plaza amenities including but not limited to; outdoor furniture, lighting, seating, and planters will be reviewed during design development. Intent will be to provide access to the building and the entry plaza space with an inviting, open feel. 17. FWRC 19.115.050(6)(a) calls for loading and trash service areas to maximize ease of circulation. The loading area looks difficult to access for large trucks given the surrounding constraints of landscaping and curbing. Please discuss how this area will function. Response: Turning studies have been performed using a WB-40 semi -trailer and are shown on A100. It is anticipated that the vehicle will enter from S 314th St, proceed along the internal Page 7 Mr. Isaac Conlen May 19, 2014 circulator, pull past the loading area, then back in to the south. Exiting will in the reverse direction out to 20th Ave S. Note that the studies indicate that the planting island just off of 20th Ave S needs to be eliminated. 18. Please discuss how the existing retaining walls will be treated. I saw reference to a light sandblasting and I see that landscaping is proposed at the base of the wall on 316tn Street and 20th Avenue. I also see signage is proposed on the face of the 3161n wall. How will the south wall of the new stairway be treated? The existing wall behind the stairway is referred to as a "greenwall" on sheet A901. Please describe what this means. Given the size of these walls and the fact that they will express the project's street -level experience, what else can be done to mitigate their impact? Please provide a color elevation of both walls showing what they will look like. Response: See response to comment #4 for the retaining walls on both 316th Street and 20th Avenue. 19. FWRC 19.115.050(2)(b) calls for loop access in parking areas. As noted in your narrative, most of the parking satisfies this provision. The small lot just north of the PACC does not. There is also no way for a vehicle to safely turn around if that lot is full. Why cannot a loop be provided at the west end of this lot back to the main driveway? If the concern is minimizing vehicle/pedestrian conflicts, then at a minimum, some type of turnaround is needed for a vehicle to escape the lot. Response: The small lot north of the building has been revised to be pull -in angle parking from the drive aisle. 20. FWRC 19.115.060(2) calls for each building fagade visible from a public right-of-way to implement two of four design treatments (modulations, plazas, canopies, and/or landscaping treatment) to break up the mass of large buildings. The PACC site is clearly visible from 316tn 20th and 314tn (currently a private road, but will be dedicated as public road as part of this project). It is difficult to get a true sense of the appearance of the building elevations from the black and white elevation drawings submitted (the perspective drawings help, but do not fully depict the building). Please provide color elevations, including the walls. My initial comments are below, but I would like to review color elevations at which point I may add to these. South Fagade: The south fagade easily meets the requirement by providing a large plaza, angled walls, a large structural overhang/canopy, and varied roof heights. West Fagade: The west fagade includes a significant modulation/indentation, angled walls, and varied roof heights. Landscaping is proposed at the base of the retaining wall. The modulation is less frequent than the guidelines call for. This combination of treatments; however, is adequate given the site conditions. The presence of the large existing retaining wall obviates the need for elaborate building treatments (at the south end of the fagade), as pedestrians will not benefit from such treatments due to the presence of the wall. Going back to my comment in item #18; however, this serves to emphasize the importance of design treatments to mitigate the impact of the wall. Page S Mr. Isaac Conlen May 19, 2014 North Fagade: This fagade includes modulation, terraced, and setback building segments and low landscaping. This fagade may also be largely screened from the north by the hotel building, but is still visible from 20th Avenue South. Again, this fagade does not meet the guideline for frequency of modulation. This fagade would meet this guideline with the addition of trees planted in the landscaping strip at the base of the wall, or some other element from the list of options. East Fagade: This fagade includes modulations, angled walls, varied height of roofline, fagade landscaping, and a plaza at the south end and therefore, satisfies the provision. Response: The following clarifications respond to Comments 20-22. Design revisions to breakup the mass of the building and the large scale of blank walls include: Color will be used as one modulating element. The building will have four colors corresponding to the physical massing of the internal functions — the lobby and conference functions will be clad in white and light gray; the offices and support functions will be clad in a gold hue in the range indicated; the theater and fly loft will be a medium zinc -like color that is intended to help that large mass recede to the background while the other building elements come to the foreground. Colored elevations have been included in the resubmittal. ■ The large mass of the theater and fly loft will be further modulated by the texture and pattern of metal panels which will have two or three different corrugation frequencies used together in horizontal bands that will provide smaller scale richness to the large surfaces. ■ At the north end of the west elevation, closely spaced trees have been added to screen the transformer and the back -of -house portion of the building. At the north end of those trees, a vitrine and bench have been added at the public sidewalk where pedestrians will be entering the site. • At the north elevation, large scale trees have been added to moderate the scale of the fly loft • At the east elevation, the office portion of the building has been offset to the east and a canopy and window have been added. South of the office portion multi -stem trees have been added and a vitrine/bench has been added, both to moderate the large mass of the theater. The offset office and the vitrine create human -scaled detail at a primary location where pedestrians will be present. 21. FWRC 19.115.060(3) calls for a variety of more human scaled treatment to break up the scale of large blank walls. All four facades are subject to this provision. South Fagade: The south fagade satisfies this provision by utilizing large areas of transparent glass, color changes, setbacks, overhangs, and projections. The plaza and lobby also serve to create visual interest. West Fagade: The west fagade does a better job satisfying this provision at the south end of the fagade. This is due to the building design, as the north end of the fagade is the "back -of - house" and therefore features less glazing. Unfortunately, the north end is the end that needs more elements of interest as that is where the adjacent sidewalk returns to site grade and Page 9 Mr. Isaac Conlen May 19,2014 thus, the building is more visible to passing pedestrians in this area. The north end of the west facade features a few doors, a window, and color variation. The building height is not as great in this area; however, it needs additional elements to improve its appearance to passing pedestrians (this is one of the locations the building is most visible from the right-of-way). North Facade: This fagade features windows, a bit of landscaping and color variations. The base level is fine, with the windows and the mass of the building terracing back. The large mass of the auditorium; however, is a large unbroken wall. Some form of meaningful treatment needs to be applied to this part of the building. East Fagade: The mid portion of the east fagade is a large unbroken building mass. Again, methods to break up this large expanse are called for here. Response: See 20 22. FWRC 19.115.090(3)(c)(ii) again calls for a combination of fagade treatments. This provision is not met for the west, north, or east elevations, which require some type of modification per comments 20 and 21 above. Response: See 20 23. Governmental facilities are considered "Institutional Uses" and are thus subject to the requirements of FWRC 19.115.100. Subsection (3) states that facades longer than 120 feet and visible from a right-of-way (all PACC facades) shall include a significant structural modulation the depth of which is equal to 10% of fagade length, and the width of which is equal to twice the depth. This provision does not appear to be satisfied. Subsection (5) then goes on to discuss alternative methods, which can be used if these structural modulations cannot be met. Please provide a discussion of these provisions and any modifications necessary to meet them. Response: The building use is cultural and entertainment. Ownership of a building by a government or (possibly) a quasi -governmental agency does not automatically constitute a government use and in this case, the intended uses are far removed from governmental functions. 19.115.100 should not apply to this project. 24. FWRC 19.114.100(4) calls for roof forms and materials that minimize the appearance of a flat roof. Please discuss this code provision and make any alterations necessary to satisfy it. Response: The roof of the building is stepped. There are eight distinct levels of the roof. 19.115.100 (4) allows "multiple stepped rooflines ... provided, that the roof design minimizes uninterrupted horizontal planes and results in architectural and visual appeal." Li htin 25. The lighting plan does not include a key or labels. It is hard to tell what some of the symbols are depicting. Please add a key and/or labels. Page 10 Mr. Isaac Conlen May 19, 2014 Response: Fixtures are labeled on E103 and the fixtures are correlated to the cut sheets on L002. 26. What does S1— S10 mean? I am more familiar with lighting depicted in footcandles. The site lighting needs to comply with the Illuminating Engineers Society of America standards (which refers to recommended outdoor footcandle levels —enclosed). Please add a note indicating this is the case. Response: Lighting will comply with IES recommendations and the program needs of the project. S1-S10 refers to the fixture types. 27. FWRC 19.105.130 requires the use of energy efficient light sources. Please add a note to this effect on the lighting plan. Response: A note has been added to the drawings. 28. FWRC 19.115.100(7) states that lighting fixtures shall not exceed 30 feet in height. Please confirm this is the case. Response: Confirmed. Miscellaneous 29. 1 see one garbage enclosure near the hotel pool and one inside the loading dock area of the PACC— is this correct? I will reserve comments on the hotel enclosure for the subsequent land use review of the hotel. Enclosures must be covered per FWRC 19.115.050(6)(a)(ii). I believe the garbage/ recycling area near the loading bays is covered —please confirm. Also, indicate adequate space for recycling per FWRC 19.125.150(7)(d), and see the comments under solid waste below. Response: Yes, that is correct, at the PACC the garbage/recycling area is covered. 30. The proposed transformer along the west side of the site, near the 201h Avenue driveway does not appear to be well screened. We would consider this a front yard and thus this feature should be screened per FWRC 19.115.050(6)(b)(ii). Consider extending fir plantings around the transformer. Response: Evergreen plantings have been extended and revised to indicate the proper screening around the proposed transformer. 31. The city's Police Department has reviewed the plans and Crime Prevention Through Environmental Design (CPTED) checklist and are pleased with the design. One suggestion was to install "Safe City" Page 11 Mr. Isaac Conlen May 19, 2014 cameras. Please contact Commander Christopher Norman at 253-835-6732 to discuss if desired (not a requirement). Response: Noted. City Center SEPA 32. 1 will be working on your SEPA approval next. Response: No comments received. PUBLIC WORKS DEVELOPMENT SERVICES (Ann Dower, ann.dower@cityoffederalway.com, 253- 835-2732) Technical Information Report Project Overview, Page 3, Post —Development Stormwater Runoff 1. Please include in this discussion the following information: ■ Removal of the existing onsite conveyance and detention system and what will be provided in its place. • Flow control BMP's that will be provided. Response: This information has been added to the TIR. Core Requirement #3, Flow Control, page 7 2. Please discuss the 1.19 acres of upstream runoff and how it will be detained. Response: This information has been added to the TIR. Calculations, page 27 3. Please explain how it was determined that 2,200 CF of additional detention storage volume would be needed to account for existing detention that will be removed. Response: This information has been added to the TIR. 4. Provide a discussion of how this project meets the requirements in the 2009 King County Surface Water Design Manual (KCSWDM), Section 5.2.1.3, "Large Lot High Impervious BMP Requirements." Include impervious surface area and percentage that will be served by flow control BMP's. Page 12 Mr. Isaac Conlen May 19, 2014 Response: This information has been added to the TIR. 5. The landscape plans include a rain garden, but the TIR does not mention it and the drainage plans do not route any runoff to the proposed location of the rain garden. Please revise or explain. Response: A rain garden will be utilized in some form on site. The stormwater analysis will account for the raingarden with the detailed design of the site and will be included in the final TIR. 6. The site plan shows porous paving in the parking stalls, but the TIR does not mention it. Please revise. If porous pavement is used, explain how water quality treatment requirements will be met and what credit is expected toward detention requirements. Response: Many parking stalls will utilize pervious pavement. Water quality will be met routing the surface water to nearby catch basins via underdrains, which will then route runoff through the detention vault and the downstream water quality treatment facility. The proposed drainage adjustment will add water to the existing conveyance system on 20th Avenue South. In order to better understand the impact of this change, please provide a conveyance system analysis for 20th Avenue South, including the 10-, 25-, and 100-year storms. Surface Water Management staff is concerned that this system may be near capacity and unable to handle the additional runoff. Response: The City will address the offsite analysis. Any revisions to the on -site stormwater system will be incorporated once that analysis is received. Plans 8. Provide flow direction arrows on the storm water conveyance system. Response: Flow arrows are shown. Provide a pervious pavement cross section. Response: Pervious pavement section has been added to the site plan drawing. 10. Show plan and cross section views of the required frontage improvements on South 3161h Street, including City Center decorative street lights and 12-foot wide sidewalk. Response: The South 316th improvements are shown on plan, including a 12 foot sidewalk, decorative lights, and street trees. The sidewalk is 10 feet wide adjacent to the proposed stairway. Page 13 Mr. Isaac Conlen May 19, 2014 11. Call out required right-of-way dedication on South 3141h Street. Response: Right-of-way dedication is shown on the plans. The 314th right of way improvements have also been updated to show a 14 foot wide ingress lane, 11.75 foot egress lanes, and a longer turn pocket. 12. Provide analysis of the truck turning movements required for the delivery area. Response: A vehicle turning diagram has been included on revised drawing A100. 13. Access and landscaping for the property to the east will be revised. Does this conflict with any existing easements? Response: The proposed improvements do not appear to conflict with any existing easements regarding the property to the east. Land Survey 14. Add the missing recording number of the 25-foot ingress/egress easement noted along the south property line. Response: The easement (30 foot) has been modified and the recording number is added to the survey. 15. Verify that all easements are shown. Comparing the title report to the drawing, I did not find the following easements that were listed under Special Exceptions: #1. 8707150886 storm drainage; #4. 8903130453 water and sewer; #6. Easements listed in Instrument 4772705; #7. Easements contained in survey 8612129019; and #12. 20101222000939 reciprocal access easement. If the location of an easement is not verifiable, please note that with recording number on the plan. Response: All easements that can be located on plan are plotted. The survey has been updated to specifically state that an easement cannot be located, as applicable. Note the title report that is referenced in the City documents is not the most up-to-date title report. Please reference the First American Title Insurance Company report dated May 3, 2014. The numbering of the easements varies between the two documents but the content is similar. Responses below reference the latest title report numbering. Per the easements noted below: #1: This easement cannot be located on plan as it refers to land south of the subject site and is no longer valid for the subject site. Page 14 Mr. Isaac Conlen May 19, 2014 #4: This easement is shown on plan and is labeled as easement #9. See survey sheet 1 of 2 under "Special Exceptions. " #6: This easement cannot be located on plan. #7. This easement cannot be located in the title report. #12: This easement is blanket in nature and therefore is not plottable. Title Report 16. Special Exception #2 in the title report is an easement for PSE that includes a covenant prohibiting structures over the easement. The survey shows this easement is located underneath the proposed PACC building. Please explain how this is to be resolved. Response: This easement will be extinguished with PSE as it will no longer apply to the power infrastructure remaining on site. Geotechnicol Report The proposed detention vault must be placed on well -consolidated native material. If the vault is to be placed in fill, the geotechnical report will need to include an analysis for stability and constructability in support of the design. Response: The geotechnical engineer will review detention vault plans to verify anticipated backfill and structural support conditions as the project design advances to Construction Documents. As currently designed, the vault appears to bear on overconsolidated glacial till material, with the foundation elevation at approximately 460. Per the project geotechnical engineer's Figure 3 'Estimated Top Elevation of Bearing Soils, attached for reference, the bearing elevation in the vicinity of the vault is approximately 464. PUBLIC WORKS SOLID WASTE/RECYCLING (Rob Van Orsow, rob.vanorsow@cityoffederlway.com, 253-835-2770) 1. Adequate space allocation for interior and exterior garbage, recycling, food waste, or hazardous waste. Minimum recycling space allocation is established by FWRC 19.125.150. PACC @ 2 square feet per 1,000 = 60 square feet minimum Total (including containers for all 3 waste types) as proposed = 70 square feet (Comment: the designated area should be increased to accommodate the two other main waste types —garbage and food waste, for a total of 180 square feet.) Response: The area provided within the solid waste and recycle niche has been enlarged to 104 square feet. An additional area to east of the niche (within the loading dock) can also be utilized Page 15 Mr. Isaac Conlen May 19, 2014 for garbage and recycling without impeding the function of the loading dock. Together these areas exceed the 180 square feet suggested by the comment and are under cover of the building roof. 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. PACC as designed does not need to accommodate the above "basic" design elements. As designed, "roll -out" service will be required (meaning more frequent and more costly service), but this is not a crucial consideration in this case. One thing that can change is the positioning of the containers. As designed, they are in a "tandem" arrangement that makes access and use difficult —increasing the space allocation for disposal containers. The redesign should have a goal of allowing the front of the three containers to face east in order to increase accessibility and utility. The containers would be positioned side -by -side in that arrangement, instead of in tandem. Response: Per the comment, the positioning of the containers has been changed to allow the front of the three containers to face east in order to increase accessibility and utility. The solid waste & recycle area has been enlarged to allow for this frontal configuration. 3. Plan for user access to interior waste and recycling storage areas/containers, and convenient access to exterior containers screened by enclosure(s). PACC as designed offers adequate screening, but no gate. The lack of a gate can be overlooked given the location of the enclosure in the back of the loading bay. A gate would not be a critical need with this design. Response: A gate would not add to the screening and would make the use of the containers and functions of the loading dock more cumbersome, so we appreciate that the gate is not seen as a requirement. 4. Plan for unobstructed, safe enclosure ingress and egress for service vehicles, preferably in -line with enclosure openings. Allow appropriate turning radii for service vehicles, and minimize potential 'blind spots' during ingress and egress. PACC as designed will require "roll -out" service. Site constraints leave no other option for this site. Access for service vehicles is generally acceptable —especially on vehicle entry. A safety concern arises regarding having the opening of the loading dock in the northwest corner of the structure, very near to the ingress from 20th Avenue South. This will make it challenging for most service provider vehicles —essentially backing out into the drive isle into the site from 20`h Avenue South. But overall, the design gets good marks for at least providing a loading area. Page 16 Mr. Isaac Conlen May 19, 2014 Response: The loading dock will function most safely if vehicles back into the dock. Front -loading solid waste vehicles, if those are used, won't be able to do that as easily so it would be optimal to have such vehicles service the facility in off -hours. 5. Consider landscaping, setbacks, and screening requirements, based on FWRC 19.125.040(4) & (5). Again, screening may not be necessary given the discreet layout of the enclosure at the back of the loading dock. CD should assess the design considerations (setback, landscaping) noted above. Response: We agree that screening is provided by the enclosure. 6. Additional design considerations may include: a. How to moving waste and recycling from interior units to collection areas. b. Access by site staff and service staff to exterior waste and recycling areas. These are utility and operational considerations that relate to the arrangement of doors and hallways with access to the outside. As the design is refined, these items should be kept in mind. Response: These comments will be kept in mind as the design is refined. SOUTH KING FIRE & RESCUE (Chris Ingham, 253-946-7244) Inside turning radius of the south fire apparatus access road shall be a minimum 32 feet. The southwest corner of the property does not appear to meet this requirement. Response: Inside turning radius of 32 feet was analyzed and is adequate. An exhibit has been included to show the analysis. 2. The apparatus access road is over an underground vault. The vault shall be capable of supporting a 75000 lb live load. Response: Vault will be designed to account for the live load 3. There are two hydrants shown at the southwest corner of the property. Only one hydrant is required at this location. Response: Coordination between PACLAND and South King Fire and Rescue: hydrant at the intersection of 20th Ave. S. and S. 316th Street will be inaccessible after PACC building Page 17 Mr. Isaac Conlen May 19, 2014 development and should be removed. Existing hydrant at southeast corner (southwest on the plan view) can be relocated closer to the PACC building and is now shown on the utility plan. 4. Regarding the proposed hotel, adding a hydrant at the south end of the property would be advised as it will be required for the future development. Response: Coordination between PACLAND and South King Fire and Rescue: hydrant most likely required on the east side of the hotel (south on the plan view) and has been added to the utility plan. LAKEHAVEN UTILITY DISTRICT (Brian Asbury, 253 946 5407) If additional hydrant(s) is/are required or indicated, a Developer Extension Agreement will be required to construct new water distribution facilities necessary for the proposed development. Additional detail and/ or design requirements can be obtained from Lakehaven by completing and submitting a separate application to Lakehaven for a Developer Extension Agreement (application form attached). Lakehaven encourages owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven, and sufficiently early in the pre-design/planning phase to avoid delays in overall project development. Response: Comment noted. If additional hydrant(s) is/are not required or indicated, applicant will simply need to submit applications to Lakehaven for any necessary water and/or sewer service connections (new and/or modify existing). Response: Comment noted. PUBLIC WORKS TRAFFIC DIVISION (Sarady Long, sarady.long@cityofederalway.com, 253- 835-2743)- Plans: 1. Show required right-of-way dedication and correct improvements on S 314th Street. S 314th Street is planned as a Type "Q" street, consisting of 44' street with curb and gutter, 12' sidewalks with street trees and decorative streetlights in 70' right-of-way (ROW). Assuming a symmetrical cross section, 35' ROW dedication and half street improvements are required. Additional ROW may be needed to accommodate turn lane at the intersection of 20th Ave S & S 314th Street. Response: Right of way dedication for South 314`h has been added to the plans. The proposed right of way dedication is a minimum of 35 feet, with an additional 3 feet near the 20th Avenue South intersection. The additional right of way dedication is to provide a 14 foot ingress lane per City request. Page 18 Mr. Isaac Conlen May 19, 2014 2. A signal modification including relocation of signal cabinet located at the SE corner of 20th Ave S and S 314th St. will be needed as part of S 314th St. improvements. Please submit signal modification plans to the Public Works Traffic Division for review. Response: Signal modification plans to be designed and submitted with building permit package at a later date. 3. Show required frontage improvements on S 316th Street. S 316th Street is planned as a Type "L" street, consisting of 44' street with curb and gutter, 12' sidewalk with street trees and decorative streetlights in 74' right-of-way (ROW). This street is fully constructed but not to current standard. The applicant will need to improve S 316th Street to include 12" sidewalk and City Center decorative street lights. Response: Right of way improvements for South 316`h Street have been added to the plan. A 12- foot sidewalk is shown, with street trees and decorative street lights. The sidewalk width at the proposed stairway is 10 feet due to space limitations. 4. Submit a Vehicle Turning Diagram to the Public Works Traffic Division for the delivery area. This diagram will show how the appropriate design vehicle (such as: Bus, Garbage Truck, and WB-62) can enter, maneuver, and leave the site without encroaching onto opposing traffic lanes or mounting a curb. Response: A vehicle turning diagram has been included on revised drawing A100. 5. Provide detail drawing for the new driveway raised island restricting the new driveway on 20th Ave S to right -in and right -out. Response: The driveway island has been removed. 6. To improve internal traffic circulation, staff is recommending parking lot access connections to the east property. Response: Parking lot access to the east property through direct connections is not being pursued by the design team. Having direct access may encourage patrons to park on the east property, which is not currently allowed at this time. „Trip Generation and Parking Analysis: 1. The Parking and Traffic Study must specify up front that there would not be a conference (large or small) occurring the same time or date as evening performance. The submitted study only excludes large conferences and not small or average size. Response: The operational management of the facility could not facilitate a large conference and a major evening performance to run simultaneously using the lobby for both conference and Page 19 Mr. Isaac Conlen May 19, 2014 performance. There would need to be time for the large conference to be fully broken down and the venue readied for admission of the audiences for the evening performance. This would likely mean a gap of at least two hours (e.g., a daytime conference ending around 5pm, with a two- hour gap before audiences start arriving about 7pm for a 7:30pm start of an evening performance.) In addition, from a traffic perspective, there would be very little overlap. The conference attendees would depart rather quickly after the end of the conference (5-5:30pm time frame) and performance attendees would not start arriving until the 6:30 to 7:30 time frame. Small conferences could occur simultaneously using one or both of the conference rooms. 2. The trip generation for the site should be 222 trips as this would be the expected high activity. Please clarify if the proposed trip generation takes into account trips credit for existing retail use. The PW Traffic Division would support allowing trips credit for the previous retail use. Response: The project could generate approximately 222 weekday afternoon peak hour trips "on rare occasions with maximum attendance at conferences." Given that this is anticipated to occur infrequently, perhaps ten times per year or less, a more representative estimate of typical weekday afternoon peak hour trip generation is up to approximately 183 trips associated with a medium sized daytime conference (fewer trips on days with an evening performance). Trips generated by the existing retail building were not considered when estimating the project's peak hour trip generation. We would like to take trip credit for the previous retail use. 3. The submitted study specified that there should be adequate capacity at couple intersections to accommodate the development trips. However, there was no analysis attached to support the statement. Please clarify. Response: The initial direction for this TIA was to do a "qualitative" analysis of the operations of the two intersections affected on S. 314`h Street. The main impacts will be when major events close (infrequent and more dispersed with the largest daytime conferences, but more frequent from major auditorium events). At those times, the actual quantitatively estimable LOS for the vehicle movements turning from S. 314`h Street would be quite low for a short time (112 hour or so), but this would be something that would require and would be provided by the facility, police officer management and signal override. With this assistance, these two intersections would be able to clear out relatively easily. Furthermore, given that this more frequent impact would happen late in the evening (9:30pm or later), the cross traffic on 20`' Avenue S. and 23'd Avenue S. would be so minimal that it would be very easily to manage this out flow from 5.314`h Street. 4. The study should include driveway or access LOS analysis during the peak usage. This would ensure that the primary access would be adequate to accommodate the expect traffic during the peak usage. Response: See #3 above. The recommended traffic management plan would monitor conditions and, as necessary, use traffic control police officers to facilitate vehicular egress at the two site accesses following large events. Page 20 Mr. Isaac Conlen May 19, 2014 5. The study identified parking shortage of approximately 275 stalls during the weekday evening performance and identified the Federal Way Transit Center as an for off -site parking for the spill over. It is understood that the Department of Community Development Services is in charge of administering the parking code. However, given that there is significant parking shortage on site and potential for traffic back up due to the public streets, the Public Works Traffic Division recommends implementing a parking management plan for the project including a parking agreement between the applicant and Sound Transit to ensure continued use of the parking described in the study in the future. Response: See Planning Division question #11 Mr. Conlen, should you or other City staff have any questions regarding the comment responses contained herein, please do not hesitate to contact me. Thank you for your review. Sincerely, � Joe Taflin, P.E. Associate Principal joe@pacland.com Enclosures FMwidt0l.doc DRAWING CHANGES PER SHEET The following list describes changes that have been made to each sheet for the response package. G000 — Cover Sheet • Added new colored elevation sheets to the drawing index. G001— Perspectives • Modified the two perspective sketches to reflect the revised office/dressing room configuration. A100 - Site Plan • Modified the site plan to reflect the revise office/dressing room configuration. • Added truck entering and departing diagrams for the loading dock. A201—Ground Floor Plan • Revised the loading dock area to allow for frontal configuration of three dumpsters. • Shifted the office/dressing room block to the east. A301- Elevatio • East Elevation — Added vitrine and bench. Added horizontal panel joints (joints are part of the plan to incorporate modulation within the corrugated metal siding). ■ South Elevation —Added horizontal panel joints. A301a — Colored Elevations (New) • Color and shadows have been added to south and east building elevations on this new drawing. ■ Exterior materials color pallet added. • Photos added showing examples of modulated metal panels. A302 - Elevations • West Elevation —Added horizontal panel joints. • North Elevation — Added horizontal panel joints. Shifted office/dressing room block to the east. A302a — Colored Elevations (New) • Color and shadows have been added to west and north building elevations on this new drawing. • Exterior materials color pallet added. • Photos added showing examples of modulated metal panels. L101 • Trash enclosure was labeled and Hotel labeled as 'Conceptual' ■ Two trees were added to the Hotel parking landscape islands that are greater than 150 square feet. • The landscape buffer at the east edge of the site was increased to 5'-0" and pedestrian linkage was extended to the adjacent site. • Type I landscaping buffer increased to screen the loading area. • Callout and patterning of concrete walks through the parking area changed to specialty paving.' • Landscape plan revisions updated on site to conform to updated civil background. Includes removal of parking area north of the building, addition of pedestrian linkage through parking area, revisions to the raingarden east of the building, and removal of one parallel parking stall on 314th. L102 • All parking lot planting to be drought tolerant. Note added to the General Planting Notes indicating this requirement. • Note added to the General Planting Notes indicating that actual proposed plantings will be shown on the Building Permit Plans. • Tree quantities updated to reflect changes to base plans indicated above. C100 • S. 314th lanes widened to accommodate 14 foot ingress lane and 11.75' egress lanes (2) • S. 314th left turn pocket lengthened by 23 feet and one parallel parking stall removed • Revised landscape islands along east -west pedestrian pathway that extends east from the PACC building through the parking lot Revised the parking layout north of the PACC building to accommodate angled parking accessed directly from the drive aisle • Deleted the raised island in the drive aisle at 20th Avenue S. • Added right of way improvements along S. 316th Street • Revised the pedestrian sidewalk that runs parallel to the PACC building on the east side • Added a pervious pavement detail C200 • Updated grading and drainage infrastructure for the revised site plan • Added flow arrows to storm conveyance system C300 • Added a new fire hydrant at the northeast corner of the site • Revised the FDC location for the future hotel • Show relocating an existing hydrant at the southeast corner of the site to a location closer to the PACC building • Show removal of an existing fire hydrant at the southwest corner of the PACC building ESTIMATED TOP ELEVATION OF BEARING SOILS EXHIBIT 20THAVE S !r, I r�•S5 - — ' 1. 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LOT 3 ! f j I ■■ ` r - Ir 1 \ P RECORD OF SUR%J;,"-Sr r ' -F �S f (v II r 7 471 ` 4} + r r ' 1 00 (n' ^ VOL. 02, P 220 Q \ .j � �% r I r r .. i I IIIII! rrr ' �yT 1 ti ,, REC. #8612129019III z t 72— TL 0921049166 �I I a x Ir 31510 20TH AVE S E X,, Ut: CITY OF FEDERAL WAY -- i o � I '� � i Ys ' �Iti" li`Ij, t / I I I � � , I I i •' � t, � r � 1�1`V 1 I \ \� . � �♦ ♦\\ \ � 4�t •223 ��\�w \�� � ` � { I I I .I � r � I 1 I � > rI tf t, IE ',� i t I� •- I4. B-2 B-11+ B-5 I I I ', ' d I-------------- vi I^ I o r r w #� 1' N1 °29'05„E 540-n( � ,3FL 00' - ��, r I , LOT 4 o � � , r fff Xo- s � • II 30' l i j�' I TL 0921049017- Estimated Top Elevation of Bearing Soils Notes: 1. The locations of all features shown are approximate. Legend v z 2. This drawing is for information purposes. It is intended to assist in Proposed Performing Arts Center ry s v g ( ) Federal Way, Washington showing features discussed in an attached document. B-8 Boring b GeoEngineers 2013 r s GeoEngineers, Inc. cannot guarantee the accuracy and content 50 0 50 of electronic files. The master file is stored by GeoEngineers, Inc. B-1 Boring by GeoEngineers (2012) and will serve as the official record of this communication. Feet G EOE N G 1 N E E RS� Figure 3 E 470 - Estimated Top Elevation IXReference: Survey drawing provided by Pace Engineers and proposed footprints by LMN Architects. of Bearing Soils 3 FIRE TURNING EXHIBIT N C") � n U N T m � W T J W 'a^ VJ F— U = U Q x Q � W Q Z � Z Q � � J � J Q � oQC W W Q � 0 � LL ~ LL W m LL +� a0 000 Ln N M V O� 00 p Z¢ - LfI LI1 J Lfl Lfl � F- LL W- r l CITY OF .. Federal March 14, 2014 Mr. P J Santos Lorax Partners 101 Stewart Street, Suite 350 Seattle, WA 98101 pJ@loraxpartners.com Way Re: File #14-100496-00-UP; PLANNING DIVISION REVIEW Federal Way Performing Arts & Conference Center (PACC) 31510 20"' Avenue South, Federal Way Dear Mr. Santos: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. cam F11-S City staff has reviewed your land use and SEPA applications and have the following comments. For questions contact the appropriate review member (listed below). PLANNING DIVISION (Isaac Conlen, isaac.c(inlen(ti).cit roffederaiNvay.coiii, 253-825-2643) The submitted plans depict the proposed hotel, but do not give the level of detail necessary for a complete review. It is my understanding that you wish for the hotel to be approved in concept, but that the final approval be deferred to a subsequent land use review. Therefore, we will review the hotel and approve in concept (upon determining in compliance with code). We will attach a condition of approval to the Process III decision that the full land use review be completed under a subsequent Process 11 submittal. Please identify the height of the hotel (if known at this time). Also, will the hotel patio be reserved for hotel guests or open to general public on -site? Please add the pool and hotel lobby and PACC plaza stages to the site plan (sheet A 100). Also, add and label (both) trash enclosures on the various plans. Label the hotel elements as "conceptual" on the site, civil, and landscaping plans. The PACC building measures to 65.5-feet in height. Federal Way Revised Code (FWRC) 19.230.050 allows this use to a height of 65-feet. Note 1) of this code section allows modification of the height where three criteria can be met. This .5-foot increase is supported by city code and will be allowed. 4. The two large, existing retaining walls on South 316"' Street and 20"' Avenue South are nonconforming to Current city code with regard to height, material, and setback from the right -of --way (FWRC 19.120.120). A modification, pursuant to FWRC 19.120.050, is required to allow each of these walls to remain as -is. Please provide a short written evaluation of how the walls meet the above referenced modification provisions. Also, see review comments 18 and 20 relating to the walls. Mr. P J Santos Page 2 of 10 March 14, 2014 Landscaping Landscaping islands over 150 square feet require two trees. Please add a second tree to several islands —see the enclosed mark-up. 1 ::.: Y q property ( b g PerirnA r,. rids n is nl required on the eastline although significant perimeter landseapin*is jo ed, n the other three sides —which is great). The requirement on the east side is a five-foot Type III bftr. The proposed landscaping buffer measures approximately 4.5 feet wide and lacks (for the most part) trees required in a Type IIi buffer. Please adjust the buffer width to five feet and add appropriate trees. Consider providing one or more breaks in this buffer to allow pedestrian and/or vehicular connection to the adjacent site (see mark-up). FWRC 19.125.070(7) requires that all landscaping within parking lots be drought tolerant. Please make adjustments as needed and confirm this on the landscaping plans. Please confirm that the Type i landscaping used to screen the loading area from 20°i Avenue South will be adequate to provide an effective sight -obscuring screen. Is fencing or a wall needed to supplement the plantings? Please describe the retaining wall (material) in the loading area. 9. A final landscaping plan showing actual proposed plantings will be required in conjunction with the PACC building permit application. Title Report 10. I have a number of questions arising from the title report and survey drawing showing easements. it would be helpful in reviewing these issues to have a drawing that shows and labels each easement and shows the structural improvements proposed for the site (including light poles and planters) and nothing else. (The survey drawing shows much of this information, but is very hard to read due to the quantity of information depicted and it, of course, does not show proposed structures.) Where there is a conflict, identify how that will be resolved (easement to be removed/relocated, confirmation from beneficiary that encroachment is acceptable, etc.). a. Title report (special exception item 2) identifies a Puget Sound Power and Light easement on the property (recording number 8709140815). The survey drawing shows this easement situated such that the proposed PACC building encroaches onto it. The title report states, "Contains covenant prohibiting structures over said easement...." b. The survey drawing shows an ingress/egress easement (no recording number provided) across the south 25feet of the property. Improvements including the new stairway and possibly the stages are located within this easement (I am also curious why this easement is not mentioned in the title report). c. Title report (item 3) identifies a Federal Way Water and Sewer District water easement on the site. The survey drawing shows it in several locations on the site. The proposed hotel building appears to encroach on the northern portion. I ca not tell if the proposed stages and/or light fixtures are proposed in the south portion of the easement, but they may be. d. Title report (item 4) references a l0-foot sewer easement on the property (recording number 8903130453)—no description of where. I did not see this one on the Survey drawing, Pile I4-100496-00-UP Doc I D (,5144 Mr. P J Santos Page 3 of 10 March 14, 2014 e. Title report items 6, 7, 8, and 9 refer to covenants, restrictions, and easements, but no description of the purpose or location of the easements is given. Can these be identified/located? Parking and Walkways 11. The parking study submitted with the application indicates a maximum need for 429 parking stalls (recognizing that this is for peak utilization that occurs infrequently). This peak parking demand would occur during evening performances, when the nearby Federal Way Transit Center is generally available for parking. The availability of the 1,100 transit center parking spaces, which are available for public use, should more than cover the delta between demand and on -site supply. An exception to this circumstance may occur when large evening sporting events take place in Seattle, at which time the transit center can fill up during evening hours. Please discuss how this issue will be managed. During the peak parking utilization in the weekday afternoon time period, parking demand would exceed on -site supply by approximately 100 spaces and up to 183 spaces for infrequent larger events. Additional off -site parking will need to be provided. Please supplement the parking study by proposing a list of options to address this need (such as properties that could potentially be leased/ purchased). Also, flush out the parking management strategies necessary to address this issue. For example, an assumption was made that facility staff would park off -site, but no further detail was given. Please elaborate. 12. The proposed parking and drive isle dimensions meet the code. Compact stalls are required to be 8 feet wide, but are shown at 8.5 feet. These stall widths can be reduced to allow for additional stalls or landscaping. 1I The proposed concrete walkways through the asphalt driveways/parking areas (113 on sheet L101) show a distinction of material, but do not fully comply with FWRC 19.1 15.050(4)(b), which calls for stone, brick, or granite paves; exposed aggregate; or stamped and colored concrete. Consider adding stamping or color. Also, are the bars depicted in these walkways painted? 14. FWRC 19.115.090(3)(d) calls for, "principal cross -site pedestrian pathways" to be a minimun width of six feet. The main pathway from 20"' Avenue leading to the rain garden area meets this requirement, except for a short section just north of the rain garden, which is five feet in width. Please correct this dimension. Design Guidelines 15. in order to determine that the project is consistent with city code, I need to understand the improvements proposed for the plaza, as well as other site furnishings. Please identify the location of site furniture such as benches, bike racks, garbage and recycling facilities, lighting, etc. as required by FWRC 19.1 15.050(4) and as proposed within the plaza. Please provide a plaza plan view detail. 16. The new proposed stair landing enters the site just behind the proposed stages. This primary pedestrian entry to the site should have an open, inviting feel to it. Placing the stages directly between the landing and building entry interferes with that objective. Please look at an alternative configuration. 1-k ,".' 14-100496-00-U P Doc I D 6S I-W Mr. P J Santos Page 4 of 10 March 14, 2014 17. FWRC 19.1 15.050(6)(a) calls for loading and trash service areas to maximize ease of circulation. The loading area looks difficult to access for large trucks given the surrounding constraints of landscaping and curbing. Please discuss how this area will function. 18. Please discuss how the existing retaining walls will be treated. I saw reference to a light sandblasting and I see that landscaping is proposed at the base of the wall on 316"' Street and 20`s' Avenue. I also see signage is proposed on the face of the 316`�' wall. How will the south wall of the new stairway be treated? The existing wall behind the stairway is referred to as a "greenwall" on sheet A901. Please describe what this means. Given the size of these walls and the fact that they will express the project's street -level experience, what else can be done to mitigate their impact? Please provide a color elevation of both walls showing what they will look like. 19. FWRC 19.115.050(2)(b) calls for loop access in parking areas. As noted in your narrative, most of the parking satisfies this provision. The small lot just north of the PACC does not. There is also no way for a vehicle to safely turn around if that lot is full. Why cannot a loop be provided at the west end of this lot back to the main driveway? If the concern is minimizing vehicle/pedestrian conflicts, then at a minimum, some type of turnaround is needed for a vehicle to escape the lot. 20. FWRC 19.115.060(2) calls for each building facade visible from a public right-of-way to implement two of four design treatments (modulations, plazas, canopies, and/or landscaping treatment) to break LIP the mass of large buildings. The PACC site is clearly visible From 316"', 20"', and 314"' (currently a private road, but will be dedicated as public road as part of this project). It is difficult to get a true sense of the appearance of the building elevations from the black and white elevation drawings submitted (the perspective drawings help, but do not fully depict the building). Please provide color elevations, including the walls. My initial comments are below, but I would like to review color elevations at which point I may add to these. a. South Fagade: The south facade easily meets the requirement by providing a large plaza, angled walls, a large structural overhang/canopy, and varied roof heights. b. West Fagade: The west facade includes a significant modulation/indentation, angled walls, and varied roof heights. Landscaping is proposed at the base of the retaining wall. The modulation is less frequent than the guidelines call for. This combination of treatments; however, is adequate given the site conditions. The presence of the large existing retaining wall obviates the need for elaborate building treatments (at the south end of the facade), as pedestrians will not benefit from such treatments due to the presence of the wall. Going back to my comment in item #18; however, this serves to emphasize the importance of design treatments to mitigate the impact of the wall. c. North Fagade: This facade includes modulation, terraced, and setback building segments and low landscaping. This facade may also be largely screened from the north by the hotel building, but is still visible from 20"' Avenue South. Again, this facade does not meet the guideline for frequency of modulation. This facade would meet this guideline with the addition of trees planted in the landscaping strip at the base of the wall, or some other element from the list of options. d. East Fagade: This facade includes modulations, angled walls, varied height of roofline, facade landscaping, and a plaza at the south end and therefore, satisfies the provision. 21. FWRC 19.1 15.060(3) calls for a variety of more human scaled treatment to break up the scale of large blank walls. All four facades are subject to this provision. H, a I 4-100496-00-UP Dn I D 65144 J� Mr. P J Santos Page 5 of 10 March 14, 2014 a. South Fagade: The south facade satisfies this provision by utilizing large areas of transparent glass, color changes, setbacks, overhangs, and projections. The plaza and lobby also serve to create visual interest. b. West Fagade: The west facade does a better job satisfying this provision at the south end of the facade. This is due to the building design, as the north end of the facade is the "back -of -house" and therefore features less glazing. Unfortunately, the north end is the end that needs more elements of interest as that is where the adjacent sidewalk returns to site grade and thus, the building is more visible to passing pedestrians in this area. The north end of the west facade features a few doors, a window, and color variation. The building height is not as great in this area; however, it needs additional elements to improve its appearance to passing pedestrians (this is one of the locations the building is most visible from the right-of-way). c. North Fagade: This facade features windows, a bit of landscaping and color variations. The base level is fine, with the windows and the mass of the building terracing back. The large mass of the auditorium; however, is a large unbroken wall. Some form of meaningful treatment needs to be applied to this part of the building. d. East Fagade: The mid portion of the east facade is a large unbroken building mass. Again, methods to break up this large expanse are called for here. 22. FWRC 19.1 15.090(3)(c)(ii) again calls for a combination of facade treatments. This provision is not met for the west, north, or east elevations, which require some type of modification per comments 20 and 21 above. 23. Governmental facilities are considered "Institutional Uses" and are thus subject to the requirements of FWRC 19.1 15.100. Subsection (3) states that facades longer than 120 feet and visible from a right-of-way (all PACC facades) shall include a significant structural modulation the depth of which is equal to 10% of facade length, and the width of which is equal to twice the depth. This provision does not appear to be satisfied. Subsection (5) then goes on to discuss alternative methods, which can be used if these structural modulations cannot be met. Please provide a discussion of these provisions and any modifications necessary to meet them. 24. FWRC 19.1 14.100(4) calls for roof forms and materials that minimize the appearance of a flat roof. Please discuss this code provision and make any alterations necessary to satisfy it. Lighting 25. The lighting plan does not include a key or labels. It is hard to tell what some of the symbols are depicting. Please add a key and/or labels. 26. What does Sl — S10 mean? i am more familiar with lighting depleted in footcandles. The site lighting needs to comply with the Illuminating Engineers Society of America standards (which refers to recommended outdoor footcandle levels —enclosed). Please add a note indicating this is the case. 27. FWRC 19.105.130 requires the use of energy efficient light sources. Please add a note to this effect on the lighting plan. File 14-100496-00-UV Doc I D. 65144 Mr. P J Santos Page 6 of 10 March 14, 2014 28. FWRC 19.115.100(7) states that lighting fixtures shall not exceed 30 feet in height. Please confirm this is the case. Miscellaneous 29. I see one garbage enclosure near the hotel pool and one inside the loading dock area of the PACC— is this correct? I will reserve comments on the hotel enclosure for the subsequent land use review of the hotel. Enclosures must be covered per FWRC 19.115.050(6)(a)(ii). I believe the garbage/ recycling area near the loading bays is covered —please confirm. Also, indicate adequate space for recycling per FWRC 19.125.150(7)(d), and see the comments under solid waste below. 30. The proposed transformer along the west side of the site, near the 20t" Avenue driveway does not appear to be well screened. We would consider this a front yard and thus this feature should be screened per FWRC 19.1 15.050(6)(b)(ii). Consider extending fir plantings around the transformer. 31. The city's Police Department has reviewed the plans and Crime Prevention Through Environmental Design (CPTED) checklist and are pleased with the design. One suggestion was to install "Safe City" cameras. Please contact Commander Christopher Norman at 253-835-6732 to discuss if desired (not a requirement). City Center SEPA 32. I will be working on your SEPA approval next. PUBLIC WORKS TRAFFIC DIVISION (Sarady Long, sarady.long@cityofederalway.com, 253-835-2743) Still in review; comments will be forwarded to you as soon as they are ready. PUBLIC WORKS DEVELOPMENT SERVICES (Ann Dower, ann.dower@cityoffederalway.com, 253-835-2732) Technical Information Report Project Overview, Page 3, Post. Developrrrent Stormwater Runoff Please include in this discussion the following information: Removal of the existing onsite conveyance and detention system and what will be provided in its place. Flow control BMP's that will be provided. Core Requirerneni. 93, Flotiv Control, page 7 Please discuss the 1.19 acres of upstream runoff and how it will be detained. I-ile 14-100496-00-UP Doc I D. 65144 Mr. P J Santos Page 7 of 10 March 14, 2014 Calculations, Page 27 Please explain how it was determined that 2,200 CF of additional detention storage volume would be needed to account for existing detention that will be removed. 4. Provide a discussion of how this project meets the requirements in the 2009 King County Surface Water Design Manual (KCSWDM), Section 5.2.1.3, "Large Lot High Impervious BMP Requirements." Include impervious surface area and percentage that will be served by flow control BMP's. The landscape plans include a rain garden, but the TIR does not mention it and the drainage plans do not route any runoff to the proposed location of the rain garden. Please revise or explain. 6. The site plan shows porous paving in the parking stalls, but the TIR does not mention it. Please revise. If porous pavement is used, explain how water quality treatment requirements will be met and what credit is expected toward detention requirements. The proposed drainage adjustment will add water to the existing conveyance system on 20°i Avenue South. In order to better understand the impact of this change, please provide a conveyance system analysis for 20"' Avenue South, including the 10-, 25-, and 100-year storms. Surface Water Management staff is concerned that this system may be near capacity and unable to handle the additional runoff. Plans Provide flow direction arrows on the storm water conveyance system. 9. Provide a pervious pavement cross section. 10. Show plan and cross section views of the required frontage improvements on South 316°i Street, including City Center decorative street lights and 12-foot wide sidewalk. 11. Call out required right-of-way dedication on South 314"' Street. 12. Provide analysis of the truck turning movements required for the delivery area. 13. Access and landscaping for the property to the east will be revised. Does this conflict with any existing easements? Land Survey 14. Add the missing recording number of the 25-foot ingress/egress easement noted along the south property line. 15. Verify that all easements are shown. Comparing the title report to the drawing, I did not find the following easements that were listed under Special Exceptions: File rl4-100496-00-UP Doc 1 D 6i144 Mr. P J Santos Page 8 of 10 March 14, 2014 #1. 8707 15 08 86 storm drainage; #4. 8903130453 water and sewer; #6. Easements listed in Instrument 4772705; #7. Easements contained in survey 8612129019; and #12. 20101222000939 reciprocal access easement. If the location of an easement is not verifiable, please note that with recording number on the plan. Title Report 16. Special Exception #2 in the title report is an easement for PSE that includes a covenant prohibiting structures over the easement. The survey shows this easement is located underneath the proposed PACC building. Please explain how this is to be resolved. Geotechnical Report The proposed detention vault must be placed on well -consolidated native material. If the vault is to be placed in fill, the geotechnical report will need to include an analysis for stability and constructability in support of the design. PUBLIC WORKS SOLID WASTE/RECYCLING (Rob Van Orsow, rob.vanorsow@cityoffederlway.com, 253-835-2770) Adequate space allocation for interior and exterior garbage, recycling, food waste, or hazardous waste. Minimum recycling space allocation is established by FWRC 19.125.150. PACC @ 2 square feet per 1, 000 = 60 square feet minimum Total (including containers for all 3 waste types) as proposed = 70 square feet (Comment: the designated area should be increased to accommodate the hi,o other main waste types garbage and food ivaste, for a total of 180 square feet.) • 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 atwo-doo►- 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. PACC as designed does not need to accommodate the above "basic " design elements. As designed "roll -out" service ivill be required (meaning more fi-equent and more costly service), but this is not a crucial consideration in this case. One thing that can change is the positioning of the containers. As designed they are in a[ "tandem„ arrangement that makes access and use difficult —increasing the space allocation for disposal containers. The redesign should have a goal of allotiving the front of the three containers to face east in order to increctse accessibility and utility. The containers rvould be positioned side -by -side in that arrangement, instead of in tandem. rae I--100496-00-UP Doc ID_65 Na Mr. P J Santos Page 9 of 10 March 14, 2014 Plan for user access to interior waste and recycling storage areas/containers, and convenient access to exterior containers screened by enclosure(s). PACC as designed offers adequate screening, but no gate. The lack of a gate can be overlooked given the location of the enclosure in the back of the loading bay. A gate would not be a critical need with this design. ■ Plan for unobstructed, safe enclosure ingress and egress for service vehicles, preferably in -line with enclosure openings. Allow appropriate turning radii for service vehicles, and minimize potential `blind spots' during ingress and egress. PACC as designed will require "roll -out" service. Site constraints leave no other option for this site. Access for service vehicles is generally acceptable —especially on vehicle entry. A safety concern arises regarding having the opening of the loading dock in the northwest corner of the structure, very near to fhe ingress fi`om 20" Avenue South. This will make it challengingfor most service provider vehicles —essentially backing out into the drive isle into the site from 20 Avenue South. But overall, the design gets good marks for at least providing a loading area. Consider landscaping, setbacks, and screening requirements, based on FWRC 19.125.040(4) & (5). Again, screening may not be necessary given the discreet layout of the enclosure at the back of the loading dock. CD should assess the design considerations (setback, landscaping) noted above. ■ Additional design considerations may include: 1. How to moving waste and recyclingfrom interior units to collection areas. 2. Access by site staff and service staff to exterior waste and recycling areas. These are utility and operational considerations that relate to the arrangement of doors and hallways with access to the outside. As the design is refined, these items should be kept in mind. SOUTH KING FIRE & RESCUE (Chris Ingham, 253-946-7244) Inside turning radius of the south fire apparatus access road shall be a minimum 32 feet. The southwest corner of the property does not appear to meet this requirement. 2. The apparatus access road is over an underground vault. The vault shall be capable of supporting a 75000 lb live load. There are two hydrants shown at the southwest corner of the property. Only one hydrant is required at this location. 4. Regarding the proposed hotel, adding a hydrant at the south end of the property would be advised as it will be required for the future development. File14-100496-00-UP Doc I D 65144 Mr. P J Santos Page 10 of 10 March 14, 2014 LAKEHAVEN UTILITY DISTRICT (Brian Asbury, 253 946 5407) If additional hydrant(s) is/are required or indicated, a Developer Extension Agreement will be required to construct new water distribution facilities necessary for the proposed development. Additional detail and/ or design requirements can be obtained from Lakehaven by completing and submitting a separate application to Lakehaven for a Developer Extension Agreement (application form attached). Lakehaven encourages owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven, and sufficiently early in the pre-design/planning phase to avoid delays in overall project development. If additional hydrant(s) is/are not required or indicated, applicant will simply need to submit applications to Lakehaven for any necessary water and/or sewer service connections (new and/or modify existing). Please provide revised plans along with the enclosed resubmittal form. Please also include a cover memo that briefly describes how each comment is addressed —this step simplifies and expedites our review. Do not hesitate to contact me if you have any questions. I can be reached at 253-835-2643, or isaac.con Ien@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager Enc: Resubmittal Form Lakehaven Application Form IES Recommended Outdoor Footcandle Levels Handout c: Patrick Doherty, Director, Community & Economic Development Grace Skidmore, Development Specialist Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Rob Van Orsow, Solid Waste/Recycling Coordinator Chris Ingham, South King Fire & Rescue Brian Asbury, Lakehaven Utility District Joe Taflin. Pacland. 11400 SE 8"' Street, Bellevue, WA 98004,.ioenpacland.coni File 914-100496-00-UP Doe I.D 65144 CITY OF A. Federal Way DATE: February 20, 2014 TO: Isaac Conlen MEMORANDUM Public Works Department FROM: Sarady Long �-- SUBJECT: FEDERAL WAY PERFORMING ARTS & CONFERENCE CENTER (PACC) - (14-100496-00-UP) 31510 20TH AVE S The 1/31/14 submittal is considered `complete" for Traffic Division. The following are technical comments that must be addressed: Plans: 1. Show required right-of-way dedication and correct improvements on S 314th Street. S 314th Street is planned as a Type "Q" street, consisting of 44' street with curb and gutter, 12' sidewalks with street trees and decorative streetlights in 70' right-of-way (ROW). Assuming a symmetrical cross section, 35' ROW dedication and half street improvements are required. Additional ROW may be needed to accommodate turn lane at the intersection of 20th Ave S & S 314th Street. 2. A signal modification including relocation of signal cabinet located at the SE corner of 20th Ave S and S 314th St. will be needed as part of S 314th St. improvements. Please submit signal modification plans to the Public Works Traffic Division for review. 3. Show required frontage improvements on S 316th Street. S 316th Street is planned as a Type "L" street, consisting of 44' street with curb and gutter, 12' sidewalk with street trees and decorative streetlights in 74' right-of-way (ROW). This street is fully constructed but not to current standard. The applicant will need to improve S 316th Street to include 12" sidewalk and City Center decorative street lights. 4. Submit a Vehicle Turning Diagram to the Public Works Traffic Division for the delivery area. This diagram will show how the appropriate design vehicle (such as: Bus, Garbage Truck, and WB-62) can enter, maneuver, and leave the site without encroaching onto opposing traffic lanes or mounting a curb. 5. Provide detail drawing for the new driveway raised island restricting the new driveway on 20th Ave S to right -in and right -out. 6. To improve internal traffic circulation, staff is recommending parking lot access connections to the east property. Trip Generation and parking Analysis: 1. The Parking and Traffic Study must specify up front that there world not be a conference (large or small) occurring the same time or date as evening performance. The submitted study only excludes large conferences and not small or average size. 2. The trip generation for the site should be 222 trips as this would be the expected high activity. Please clarify if the proposed trip generation takes into account trips credit for existing retail use. The PW Traffic Division would support allowing trips credit for the previous retail use. 3. The submitted study specified that there should be adequate capacity at couple intersections to accommodate the development trips. However, there was no analysis attached to support the statement. Please clarify. 4. The study should include driveway or access LOS analysis during the peak usage. This would ensure that the primary access would be adequate to accommodate the expect traffic during the peak usage. 5. The study identified parking shortage of approximately 275 stalls during the weekday evening performance and identified the Federal Way Transit Center as an for off -site parking for the spill over. It is understood that the Department of Community Development Services is in charge of administering the parking code. However, given that there is significant parking shortage on site and potential for traffic back up due to the public streets, the Public Works Traffic Division recommends implementing a parking management plan for the project including a parking agreement between the applicant and Sound Transit to ensure continued use of the parking described in the study in the future. 31919 1 'Ave S, Suite 101 a era , Way, WA 98003 1253.925.5565 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Community Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 7th day of March 2014 , and ending on the 7th day of March 2014, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 92.29, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 17th day of March 2014. 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The City will follow the following timetable, which should result in a selection of the winning contrac- tor by March 28, 2014 Issue RFP March 7, 2014 Deadline for Submittal of Proposals M a r c It 21 , 2014 Preliminary Selection of Firm March 28, 2014 Notify Firm Chosen April 4, 2014 III. INSTRUCTIONS TO PROPOSERS. A. All proposals should be sent to: Kimberly Shelton, Fitness/Athletic Coordinator City of Federal Way 876 S. 333rd St. Federal Way, WA 98003-6325 (253)835-6932 All proposals must be in a sealed envelope and clearly marked in the lower left-hand corner: "RFP" Rock Climbing Services. All proposals must be received by March 21. 2014, at which time they will be opened. No faxed, emailed or telephone proposals will be accepted. PLEASE SEE THE FULL ADD ON OUR WEBSITE www.c4offederalway.com Published in the Federal Way Mirror, March 7. 2014 & March 14, 2014 FWM 2112 Federal Way ORDINANCE SUMMARY At their March 4, 2014 Regular Meeting, the Feder- al Way City Council passed the following ordi- nance: ORDINANCE NO.14-760 AN ORDINANCE of the City of Federal Way, Wash - relating to final administrative decisions of the City; amending sections 19.70.010, 19.70.050, 19.70.060, 4.30.110, 11.45.100, 14.10.060, 18.35.010, 18.35.080, 18.35.090, 18.35.170, 18.35.190, 18.35.200, 18.35.220 and repealing sections 18.35.180 19.70.170, 19.70.180, 19.70.200, 19.70.210, 19.70.220, 19.70.230, 19.70.250, of the Federal Way Revised Code. The full text of the ordinance is available by con- tacting the City Clerk's office at 253-835-2540. Copies will be mailed upon request, in accordance with the City's fee schedule. Dated: March 5, 2014 Carol McNeilly, CMC, City Clerk Published Federal Way Mirror: March 7, 2014 FWM 2113 Federal Way PUBLIC NOTICE FEDERAL WAY CITY COUNCIL PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Federal Way City Council will conduct a Public Hearing: Tuesday, March 18, 2014 - 7:00 PM To be held during the regularly scheduled City Council meeting. LEGAL N0710ES City Hall - Council Chambers 33325 Eighth Avenue South; Federal Way, Wash- ington PUBLIC HEARING on the following King County Ballot Measure King County Transportation District - Proposition No.1 Sales and Use Tax and Vehicle Fee for Transporta- tion Improvements The Board of the King County Transportation Dis- trict passed Resolution No. TD2014-03 concerning funding for Metro transit, roads and other trans- portation improvements. If approved, this proposi- t!on would fund, among other things, bus service, road safety and maintenance and other transporta- tion improvements in King County cities and the unincorporated area. It would authorize the district to impose, for a period of ten years, a sales and use tax of 0.1% under RCW 82.14.0455 and an an- nual vehicle fee of sixty dollars ($60) per regis- tered vehicle under RCW 82.80.140 with a twenty dollar ($20) rebate for low-income individuals. The City Council will consider taking a formal posi- tion on this upcoming ballot measure. The public will have the opportunity to speak in favor or against this item. DATED March 5, 2014 Carol McNeilly, CIVIC, City Clerk osted at City Hall and City Webslte: March 5, 2014 Published Federal Way Mirror: March 7, 2014 FWM 2114 Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Federal Way Performing Arts and Conference Center Project Description: A 700-seat performing arts and conference center with a 120-room hotel and associated site improvements, including surface parking, landscaping and plaza area, and storm water facilities. Applicant: Lorax Partners, representing City of Fed- eral Way Project Location: 31510 20th Ave S, Federal Way Date Application Received: January 31, 2014 Date Determined Complete: February 27, 2014 Date of Notice of Application: March 7, 2014 Comment Due Date: March 24, 2014 Permits Under Review: Use Process III (File 14-100496-UP); Environmental Determination (File 14-100497-SE); and Transportation Concurrency (File 14-100498-CN) Existing Environmental Documents:G e o t e c h n i c a I Report Required Studies: Preliminary Technical Informa- tion Report; Traffic and Parking Study Development Regulations Used for Project Mitiga- tion: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Develop- ment Code" Public Comment & Appeals: Any person may sub- mit written comments regarding the application to the Director of Community and Economic Develop- ment by 5:00 p.m. on March 24, 2014. Only per- sons who submit written comments to the Director (address below), or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use deci- sion will be included with the written decision. Availability of File: The official project file and envi- ronmental documents are available for public re- view during normal business hours at the Depart- ment of Community and Economic Development (33325 8th Avenue South, Federal Way, WA 98003). Flea Market Mall Order LADIES COAT: Leop- KILL BED BUGS & and faux fur, size large. THEIR EGGSI Buy a Like new, $20.253-835- Harris Bed Bug Kit. 3978 Complete Room Treat - Find your perfect pet mans Program. Odor - in the Classifieds. less, Non -Staining, Buy www.nw-ads.com On -Line: homedep- ot.com (NOT IN STORES) Mau order Advertise your service Canada Drug Center is 800MB-2527 or mwadscom your choice for safe and Medical Guardian - Top - affordable medications. rated medical alarm and Our licensed Canadian 24/7 medical alert men! - mail order pharmacy will taring. Far a limited time, provide you with savings get free equipment, no of up to 90% on all your acllvatlen leas, no com- medication needs. Call mitment, a 2nd water - today 1-800-418-8975, proof alert button for free for $10.00 off your first and more - only $29.95 prescription and free per month. 800.617- shipping. 2809 Staff Contact: Planning Manager Isaac Conlen, 253-835-2643, isaac.conlen®cityoffederlway.com Published in the Federal Way Mirror March 7, 2014. FWM 2115 Federal Way NOTICE OFENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -family Project File No:13-104419-00-SE The City of Federal Way has determined that the following project does not have a probable signifi- cant adverse impact on the environment, and an Environmental Impact Statement(EIS) is not re- quired under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmen- tal checklist and other information on file with the city. Proposed Action: Proposed action is to de- velop 16 buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor temporary in- trusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336th Street at approximately the 1100 block of South 336th Street, Federal Way, WA SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exorcise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the de- velopment. TP11 Coordinate street and roadway improvement programs with appropriate state, regional, and lo- cal agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential signifi- cant adverse impacts. The applicant shall make school access improve- ments that provide for safe walking routes and ac- cess to bus stops for school age children as re- quired by the Federal Way School District and the City of Federal Way. Further information regarding this action is available to the public upon request at the Federal Way Department of Community and Economic De- velopment (Federal Way City Hall, 33325 8th Ave- nue South, Federal Way, WA 98003). Contact Jim Harris, Contract Planner, at 253-835-2652 or jim.harris®cityoffederalway.com. This DNS is is- sued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 21, 2014. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days (April 11, 2014) of the above comment deadline. Published in the Federal Way Mirror on March 7, 2014. FWM 2116 CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.city-Qffederalway.com DECLARATION OF DISTRIBUTION I, Clayton Wiebe hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑x Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or 0 posted to or at each of the attached addresses on March 7th 2014. Project Name Federal Way Performing Arts and Conference Center File Number(s) Signature PostingSites: Date K:\PLANNING INTERN\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc Federal Way City Hall - 33325 8th Avenue Federal Way Regional Library - 34200 1 st Way South Federal Way 320th Branch Library - 848 South 320th Street Subject Site - One board on S 316th, one board on 20th Ave S near subject property K:\PLANNING INTERN\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc r "It DEPARTp4ENT OF COMMUNITY AND ECONOMIC DEVELOPMENT All�k 33325 8th Avenue South Federal Way WA 98003 CITY OF 253-835-7000; Fax 253-835-2609 Federal Way www.c't offederalwa .Corn DECLARATION OF DISTRIBUTION I, L hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ANotice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Petmit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ foxed' e-mailed and/or ❑ posted to or at each of the attached addresses on 201/ l Project Name File Number(s) / q " `[ G7 (r " `I��G{ {� •S _' �'��- `{�2 - C Signature Date 3` K:\CD Administration Files\Declaration of Disiribuiion.doc/Last printed 11/19/20133:05:00 PM Posted Sites: Federal Way City Hall: 33325 8h Ave South Federal Way Library: 34200 lst Way South Federal Way 320h Library: 848 S. 320h St K:\CD Adminislralion Files\Declare Iion of Distribution:doc/Last printed 11/19/20133:05:00 PM Tina Piety From: Jennifer Anderson <jnderson@fedwaymirror.com> Sent: Wednesday, March 05, 2014 4:32 PM To: Tina Piety Subject: Re: Legal Notice Got it, thanks! Jennifer Anderson Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 Fax:253-925-5750 31919 1st Ave S, Ste 101, Federal Way, WA 98003 [Hill Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound info On Wed, Mar 5, 2014 at 2:44 PM, Tina Piety <Tina.Piet eit offederalw> wrote: Hello, Please publish the attached legal notice (PACC NOA, 14-100496-UP) in Friday's (3/7/14) issue. Please furnish an affidavit of publication. Thank you, Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 1 - A CITY OF =- Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Federal Way Performing Arts and Conference Center Project Description: A 700-seat performing arts and conference center with a 120-room hotel and associated site improvements, including surface parking, landscaping and plaza area, and storm water facilities. Applicant: Lorax Partners, representing City of Federal Way Project Location: 31510 20th Ave S, Federal Way Date Application Received: January 31, 2014 Date Determined Complete: February 27, 2014 Date of Notice of Application: March 7, 2014 Comment Due Date: March 24, 2014 Permits Under Review: Use Process III (File 14-100496-UP); Environmental Determination (File 14-100497-SE); and Transportation Concurrency (File 14-100498-CN) Existing Environmental Documents: Geotechnical Report Vicinity Map Required Studies: Preliminary Technical Information Report; Traffic and Parking Study Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on March 24, 2014. Only persons who submit written comments to the Director (address below), or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development (33325 81h Avenue South, Federal Way, WA 98003). Staff Contact: Planning Manager Isaac Conlen, 253-835-2643, isaac.conLen@ciiyoffederlway.com Published in the Federal Way Mirror March 7, 2014. File AI4-100496-UP Doc. I.D. 65180 1�kCITY OF Federal Way February 27, 2014 P J Santos Lorax Partners 101 Stewart Street, Suite 350 Seattle, WA 98101 CITY HALL FILE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com RE: Permit #14-100496-00-UP; Federal Way Performing Arts & Conference Center (PACC) 31510 20th Avenue South, Federal Way Dear Mr. Santos: The Community and Economic Development Department is in receipt of your Process IV Master Land Use (MLU) application and environmental checklist. The proposal is to construct a Performing Arts and Conference Center with hotel and associated site improvements at 31510 20`h Avenue South, Federal Way. Pursuant to Federal Way Revised Code (FWRC) 19.15.045, within 28 days of receiving an MLU application, the city shall determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this letter a Notice of Complete Application. The Process W MLU application is deemed complete as of February 26, 2014. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within FWRC 19.15.040, "Development Application Submittal Requirements." Submittal requirements are not intended to determine if an application conforms to city codes; they are used only to determine if all required materials have been submitted. A 120-day time line for reviewing this environmental checklist and Process IV application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line will be stopped at any time the city requires corrections and/or additional information. You will be informed of the status of the 120-day time line when you are notified in writing that corrections and/or additional information are needed. The Development Review Committee (DRC) staff is preparing initial technical review comments that will be forwarded to you in separate correspondence. Technical review comments may result in a request for additional information and revisions in order to comply with applicable code requirements. PUBLIC NOTICE The Notice of Application (NOA) will be distributed within 14 days of this letter as follows: 1) at least one notice will be posted at the subject property; 2) one copy will be posted at each of the City's official notification boards; 3) one copy will be published in the Federal Way Mirror. The department also has the responsibility to notify other agencies that may have jurisdiction over your development project or an interest in it. Mr. Santos February 27, 2014 Page 2 CLOSING If you have any questions regarding this letter or your development project, please contact me by email at isaae.conlen@—cityoffederalwgy.co or by phone at 253-835-2643. Sincerely, Isaac Conlen Planning Manager c: Joe Taflin, Pacland Engineering, 11400 SE 811' Street, Ste 345, Bellevue, WA 98004 Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Engineer Chris Ingham, South King Fire and Rescue Brian Asbury, Lakehaven Utility District 14-100496 Doc I.D. 65105 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: 2/6/14 TO: Rick Perez, Traffic Engineer Ann Dower, Senior Engineering Plan Reviewer Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue Lindsey Tiroux, Public Safety Officer FROM: FOR DRC MTG. ON FILE NUMBER (s) : RELATED FILE NOS.: PROJECT NAME : PROJECT ADDRESS: ZONING DISTRICT: Isaac Conlen 2/20/14 - Internal 14-100496-00-UP 14-100497-00-SE 14-100498-00-CN FEDERAL WAY PERFORMING ARTS & CONFERENCE CENTER (PACC) 31510 20TH AVE S CC-F PROJECT DESCRIPTION: Proposed 700-seat multipurpose performance hall/conference center facility & hotel, LAND USE PERMITS: Process III, Planned Action SEPA PROJECT CONTACT: LORAX PARTNERS P JSANTOS 101STEWARTSTSuite350 MATERIALS SUBMITTED: Land use application, SEPA checklist, site plans, elevations, renderings, concurrency application, narrative, geotechnical report, hazard materials inventory checklist, CEPTED checklist, etc. RECEIVE® 40k JAN 31 2014 MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DFVFLOPMENT SERVICES CITY OF FEDERAL WAY 33325 8"' Avenue South CITY OF 40;:t��CDS Federal Way, WA 98003-6325 Federal Way 253-8 www. 7; offede -835-2 orn www.c i t}Ll'fe dery iw ay_cn m lq� 100 APPLICATION NO(S) I V 0 1 b ( Date January 28, 2014 . Project Name Federal Way Performing Arts and Conference Center Property Address/Location 31510 20`t' Avenue South . NE. corner. of S. 3 e Street and 20'h Avenue South Parcel Number(s) 4921049166 Project Description L4ew muldbilMose 70-scat-perronnance Ball/cnriferencc center Facility and hotel PI.F.ASt? PRINT 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) _X_ Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI - _ SEPA wRcoject _ SEPA Only _ Shoreline: Variance/Conditional Use _ Short Subdivision Subdivision Variance: Commercial/Residential Required Information CC-F _-Zoning Designation CC-F Comprehensive Plan Designation N/A Value of Existing Improvements Value of Proposed Improvements Intentational Building Code (IBC): _Occupancy Type Construction Ty(Sc Applicant Name: PI Santos Address: 101 Stewart Street, Suite 350 City/State: Seattle, WA Zip: 98101 Phone: (206) 276-8727 Faz: Email: pj@lt+ xpar crs.csnla 1 / S gnttiure Agent (ifdil'4cnt ti.�n iAtipkanl) Name: Joe''aFim, PACLAND Address: 11400 SE 8'h Street, Suite 345 City/State: Bellevue, WA Zip: 98004 Phone: (425) 453-9501 x1515 Fax: (425) 453-8208 Email: joe@pacland,com Signature: � �,�� owner f G „ „11. Name: Jim Ferrell, City of Federal Way Address: 33325 8`h Avenue South City/State: Federal Way, WA Zip: 98003 Phone: (253) 835-7000 Fax: Email: Jim.Ferrell@cityoffederalway.cc Signature: RECEIVE® JAN 31 2014 Cm OF FEDERAL WAY CDS Federal Way Performing Arts & Conference Center 31 510 20T" AVENUE SOUTH FEDERAL WAY, WASHINGTON Process Ili Project Submittal • Master Land Use Application City Center Planned Action Application Prepared for: City of Federal Way Department of Community Development Services January 28, 2014 • A 1 BELLEVVE 11400 SE 81h St T (425) 453-9501 Suite 345 F (425) 453-8208 Bellevue, WA 98004 www.PacLand.com azv OF -� Federal Islay APPLICATION NO(s) MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8'h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 WWw.CIL oi'federalway.com Project Name Federal Way Performing -Arts and Conference Center Date January 28, 2014 Property Address/Location 31510 20"' Avenue South NE corner of S. 316'h Street and 201h Avenue South Parcel Number(s) 0921049166 Project Description Kew multi ut ose 700-motet fkifitigAd hotel iaUKU 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) _X_ 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 CC-F _—Zoning Designation CC-F Comprehensive Plan Designation: NIA Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): OccupattcyType Cgps_truciion Tyhr Applicant Name: PJ Santos Address: 101 Stewart Street, Suite 350 City/State: Seattle, WA Zip: 98101 Phone: (206) 276-8727 Fax: Email: pj @1c . apa crs.t oat Si.gna'ttire; I �_ Agent (if di l't�knt ti-n Applicant) Name: Joe-Tafl,n, PACLAND Address: 11400 SE 81h Street, Suite 345 City/State: Bellevue, WA Zip:98004 Phone: (425) 453-9501 x1515 Fax:(425) 453-8208 Email:joe@paciand.com Sgn�tut�c; .- Name: Jim Ferrell, City of Federal Way Address: 33325 81h Avenue South G I City/State: Federal Way, WA Zip:98003 Phone: (253) 835-7000 Fax: Email: Jim.Ferrell@cityoffederalway.c - , PJ w J� Signature: // p P v t- �Vo��J EXECUTIVE SUMMARY Federal Way Performing Arts and Conference Center 3150 20th Avenue South Federal Way, Washington Development Description The project will include the construction of a new multi -purpose performing arts hall and conference center (PACC) and hotel. The performance hall will include a 700-seat venue with a full stage, fly loft, orchestra pit and catwalk system. The conference center will feature two 1,500 square -foot meeting rooms that can be opened up to each other and to the building lobby to accommodate larger events. The PACC building program includes a total gross area of 42,000 square feet. The project site will also accommodate a future hotel located at the north side of the site. The hotel is projected to be a four-story structure with approximately 120 units and a total gross area of approximately 70,000 square feet. The project site will be redeveloped to include new parking facilities, utilities and landscape improvements. Approximately 173 parking stalls will be provided, including approximately 7 ADA accessible spaces. The existing S. 314th Street access will be widened to include a new left -turn egress lane, a through - right egress lane and ingress lane. Sidewalk and landscape improvements are proposed at the south side of S. 314th Street. The project site currently includes an existing unoccupied 46,216 square -foot retail building. The building and the associated existing site improvements will be demolished and removed as a part of the proposed development. Please also refer to the "Compliance Narrative" following this Executive Summary for additional project information. Approvals Requested City of Federal Way Process III Approval Project Schedule/Phasing The proposed project is scheduled to be constructed in two (2) phases, as market conditions allow. Phase 1 will include the 42,000 square foot Performing Arts and Conference Center (PACC) building and the associated site improvements. Phase 1 construction is scheduled to occur during 2015 or 2016, as funding conditional allow. Phase 2 will include the hotel and its associated site improvements. 0 L 1 Project Location The project is located at 3150 20th Avenue South, at the northeast corner of South 316th Street and 20th Avenue South in Federal Way, Washington, Site Data Total Site Area: Site Coverage: Area = 3.86 acres Building Area 47,072 sf 28.0% (168,142 sf) Standard Pavement 48,787 sf 29.0% Permeable Pavement 15,246 sf 9.1% Hardscape 39,177 sf 23.3% Landscaping 17,860 sf 10.6% Total: - 3.86 acres 168,142 sf 100.0% Landscaping: Required: 22 sf/parking stall = 3,806 sf Provided: 3,875 sf parking lot landscaping Parking: Required: 304 to 381 spaces weekday early afternoon peak (primarily conference center) 340 to 439 spaces weekday evening peak (primarily performing arts center) Refer to the Traffic and Parking Study memorandum by Transpo Group, dated January 23, 2014 for additional information. Provided: 173 spaces Standard Spaces: 112 Compact Spaces: 54 ADA Spaces: 7 Total: 173 Ak DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 81h Avenue South CITY OF Federal Way, WA 98003-6325 Federal Wadi253-835-2607; Fax 253-835-2609 1 ff www.citvaffederalway.com CITY CENTER PLANNED ACTION APPLICATION This checklist is used to determine whether a proposed project is eligible to be considered a Planned Action; and therefore, exempt from further review under the State Environmental Policy Act (SEPA). Project Name: Federal Way Performing Arts and Conference Center Project Location: 31510 20th Avenue South (NE corner of S. 316th Street and 20th Avenue South)_ Project Description: New multipurpose 700-seat performance hall/conference center facility and hotel Applicant: Lorax Parnters File #: (For Staff Use) 1. Please describe the proposed project in detail. Include the square footage of each proposed use. Also, describe any existing uses currently on site and indicate if they will be removed. The project will include the construction of a new multi -purpose performing arts hall and conference center (PACC). The performance hall will include a 700-seat venue with a full stage, fly loft, orchestra pit and catwalk system. The conference center will feature two 1,500 square -foot meeting rooms that can be opened up to each other and to the building lobby to accommodate larger events. The PACC building program includes a total gross area of 42,000 square feet. The project site will also accommodate a future hotel located at the north side of the site. The hotel is projected to be a four-story structure with approximately 120 units and a total gross area of approximately 70,000 square feet. The project site will be redeveloped to include new parking facilities, utilities and landscape improvements. Approximately 180 parking stalls will be provided, including approximately 7 ADA accessible spaces. The existing S. 314th Street access will be widened to include a new left -turn egress lane, a through - right egress lane and ingress lane. Sidewalk and landscape improvements are proposed at the south side of S. 314th Street. The project site currently includes an existing unoccupied 46,216 square -foot retail building. The building and the associated existing site improvements will be demolished and removed as a part of the proposed development. Bulletin #074 — January 1, 2011 Page 1 of 2 k:\Handouts\CC Planned Action Application 2. Please provide an estimate of the probable, net PM peak -hour vehicle trips to be generated by the proposed use(s). (You may deduct vehicle trips currently/previously generated by pre- existing uses on the site.) Please provide references and/or technical support for your estimates. Existing PM Peak Hour Trips: 0 Proposed PM Peak Hour Trips: 183 with a daytime conference, less with an evening performance Net New PM Peak Hour Trips: 183 Please see the Traffic and Parking Study memorandum provided by TranspoGroup, dated January 23, 2014, for additional information. 3. In order to be considered a "Planned Action" project, pursuant to the Federal Way Revised Code (FWRC) 14.15.130(3)(d)(ii), a project must meet all of the following criteria. Please verify that the proposed project meets these criteria. Feel free to provide explanatory notes, if applicable. a. ❑ The proposed project is not otherwise exempt from SEPA; and The project is not otherwise exempt from SEPA. b. -- The proposed project is consistent with the City of Federal Way Comprehensive Plan (FWCP) adopted under RCW 36.70A; and The proposed project is consistent with the City of Federal Way Comprehensive Plan. The project includes civic features and commercial activities and enhances the development of a strong urban center with a dynamic downtown core. The project is an important step for the evolution of the Federal Way downtown from a segmented, suburban strip -mall retail - oriented region to a strong, dense and interactive urban center. c. ❑ The proposed project is subsequent to or is implementing a project which has had its significant adverse environmental impacts adequately identified in the City Center Planned Action EIS; and The proposed project impacts were considered and identified within the City Center Planned Action EIS. d. ❑ The proposed project falls within the Planned Action qualifications identified in FWRC 14.15.130(3(c); and The proposed project falls within the Planned Action qualifications identified in FWRC 14.15.130(3)c. The project includes civic space and lodging space, both within the development envelope identified in the EIS. Bulletin #074 —January 1, 2011 Page 2 of 2 Uflandouts\CC Planned Action Application W e. ❑ The proposed project's adverse impacts are able to be mitigated through the application and/or inclusion of mitigation measures detailed in the Mitigation Document, as well as other applicable City, county, state, and federal requirements and conditions, which together constitute sufficient mitigation for the significant environmental impacts associated with the proposed project; and Yes. f. ❑ The proposed project complies with all applicable local, county, state, and federal regulations, and where appropriate, the proposed project complies with needed variances or modifications or other special permits have been identified; and Yes. g. ❑ The proposed project is not an essential public facility. The project is not an essential public facility. Bulletin #074 —January 1, 2011 Page 3 of 2 k:\Handouts\CC Planned Action Application PACC Compliance: Does not apply (no parking structure). (4) Pedestrian circulation and public spaces. (a) Primary entrances to buildings, except for zero lot line townhouse development and attached dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights -of -way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. PACC Compliance: The primary entrance is oriented toward South 316`s Street to the south, while also being easily accessible from the vehicular parking and drop-off areas to the east. A new stairway that will connect South 316t' Street to the plaza and building entrance is included in the project. (b) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. PACC Compliance: The primary pedestrian walkway, which is surrounded by a rain garden, is well separated and protected from vehicular circulation areas. The light gray concrete pedestrian collectors and crosswalks within the parking lot are well delineated from the black asphalt parking lot paving and are separated from cars with landscape on at least one side. (c) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights -of -way. PACC Compliance: The rain garden/walkway along the east edge of the Performing Arts & Conference Center provides the majority of the pedestrian connection with the adjacent hotel. The remainder of the connection is formed with a gray concrete crosswalk that contrasts with the black asphalt paving. (d) Bicycle racks should be provided for all commercial developments. PACC Compliance: Bicycle racks will be provided at convenient locations. (e) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, etc., should be incorporated into the site design. PACC Compliance: Lighting will be incorporated throughout the site design. Benches and trash receptacles will be provided in the plaza. (5) Landscaping. Refer to Chapter 19.125 FWRC for specific landscaping requirements and for definitions of landscaping types referenced throughout this chapter. PACC Compliance: Landscape types I and IV will be provided per the landscape plans. (6) Commercial service and institutional facilities. Refer to FWRC 19.125.150 and 19.125.040 for requirements related to garbage and recycling receptacles, placement and screening. (a) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: (i) Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. (ii) Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter. LMN Architects Page 3 (iii) Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. (iv) Chain -link fencing shall not be used where visible from public streets, on -site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. PACC Compliance: Loading, trash and recycling are located together near the northwest corner of the building in order to keep the south and east sides of the building, which are the public circulation and entry sides, free from these back -of -house functions. Trash and recycling dumpsters will be located adjacent to the loading dock in an area that is well screened from view with panels that match the building's cladding. (b) Site utilities shall comply with the following: (i) Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. (ii) Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. PACC Compliance: Electrical equipment (panels, etc.) is located in an interior utility room. The above - grade outdoor electrical transformer is located near the northwest corner of the building, adjacent to the loading dock driveway. The "front yards" of the building are the south and east sides of the building, so the transformer is not located in a front yard. (7) Miscellaneous site elements. (a) Lighting shall comply with the following: (i) Lighting levels shall not spill onto adjacent properties pursuant to FWRC 19.105.030(3). (ii) Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off -site glare. (iii) Lighting standards shall not reduce the amount of landscaping required for the project by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping. PACC Compliance: Site lighting will utilize cut-off fixtures that will not spill light onto adjacent property nor reduce the amount of required landscaping. (b) Drive -through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: [sub -items i though iv omitted] PACC Compliance: Does not apply (no drive -through facility). 19.115.060 Building design —All zoning districts (1) General criteria (a) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed function or use of the site. PACC Compliance: The existing site includes large retaining walls along its southern edge and partial western edge that were built to provide a relatively large, flat footprint for the existing big box store. So the "natural" topography of the site is no longer present. Nonetheless, the two buildings proposed on the project site are located to emphasize the slope that does exist. The Performing Arts & Conference Center will be located on a lower step with its ground level at elevation 474' and the hotel will be located on an upper step with its ground level at elevation 482'. LMN Architects Page 4 (b) Building siting or massing shall preserve public viewpoints as designated by the comprehensive plan or other adopted plans or policies. PACC Compliance: The plaza and entrance/lobby of the building are designed to emphasize the primary southern and southeastern views from the site, which are made possible because the site is elevated above South 316a' Street. (c) Materials and design features of fences and walls should reflect that of the primary building(s) and shall also meet the applicable requirements of FWRC 19.120.120, Rockeries and retaining walls. PACC Compliance: No fences or significant new site walls are proposed. Screen walls for both rooftop mechanical equipment and trash/recycle dumpsters will match the building's cladding. (2) Building facade modulation and screening options, defined. Except for zero lot line townhouse development and attached dwelling units, all building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case -by -case basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See FWRC 19.115.090(3) for guidelines pertaining to city center core and city center frame. (a) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60 feet. Alternative methods to shape a building, such as angled or curved facade elements, off -set planes, wing walls and terracing, will be considered; provided, that the intent of this section is met. (b) Landscape screening. Eight -foot -wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, may be considered in meeting the landscape width requirement of this section. (c) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. (d) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. PACC Compliance: The building facades that are more than 60 feet long and visible from rights -of -way and therefore require facade modulation or screening are the south, west and north facades. The building utilizes (a) modulation, (c) a large roof overhang that forms an entry canopy, and (d) pedestrian plaza, to fulfill the intent of this guideline. Please see detailed comments under section 3(b) below. (3) Building articulation and scale (a) Except for zero lot line townhouse development and attached dwelling units, building facades visible from rights -of -way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in subsection (3)(b) of this section. (b) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWRC 19.125.040(21) and subsection (3)(a) of this section: (i) Showcase, display, recessed windows; (ii) Window openings with visible trim material or painted detailing that resembles trim; (iii) Vertical trellis(es) in front of the wall with climbing vines or similar planting; (iv) Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; LMN Architects Page 5 (v) Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts commission may be used as an advisory body at the discretion of the planning staff); (vi) Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; (vii) Material variations such as colors, brick or metal banding, or textural changes; and (viii) Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. PACC Compliance: The building facades that are visible from rights -of -way and therefore require building articulation are the south, west and north facades. The building utilizes (ii) window openings, (iv) landscape material in front of walls, (vi) architectural features such as setbacks, indentations and overhangs, (vii) material variations, and (viii) landscaped public plaza, to fulfill the intent of this guideline. The south facade is comprised of angled planes formed primarily of glass window walls, augmented by a large roof overhang that announces the building entry. The window walls enclose a large public building lobby and the lobby is visually tied to a significant public plaza that is located along the south side of the building. The west facade begins at the south end as an extension of the south window wall, and then transitions to a more opaque wall clad in fiber cement panels with strategically located vertical windows providing daylight into the conference rooms. At approximately the mid -point of the west facade, the wall changes direction; this small change of angle is signaled by a large indentation in the wall. The west facade then changes color as the fiber cement panels proceed northward on the low one-story building which has openings for doorways and a window into the theater offices. Above this low one-story building, a screen wall made of the same colored fiber cement panels is provided to shield mechanical equipment. This screen wall is elevated two feet above the top of the one-story building in order to provide air flow to the equipment. The north facade encloses offices and dressing rooms in a low one-story portion of the building that is clad in fiber cement panels with windows into the offices and dressing rooms. The facade of this low building is modulated by the massing of the stage "bustle" and stage house that terrace up behind it, both of which are clad in a contrasting material, corrugated metal. 19.115.070 Building and pedestrian orientation — All zoning districts. (1) Building and pedestrian orientation, for all buildings except zero lot line townhouse development and attached dwelling units. (a) Buildings should generally be oriented to rights -of -way, as more particularly described in FWRC 19.115.090. Features such as entries, lobbies, and display windows should be oriented to the right-of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof should be incorporated into the street -oriented facade. PACC Compliance: The building entry is oriented toward South 316th St and the large building lobby is oriented toward South 316`h Street and to a lesser degree toward 20'h Avenue South. (b) Plazas, public open spaces and entries should be located at street corners to optimize pedestrian access and use. PACC Compliance: The plaza is located adjacent to South 316`h Street and accessed from the street via a new stairway. The plaza space extends to the corner of South 316'h Street and 201h Avenue South with landscaping. (c) All buildings adjacent to the street should provide visual access from the street into human services and activities within the building, if applicable. PACC Compliance: The lobby is primarily clad in a glass window wall, in order to provide visual access to and from human activities within the building and the adjacent plaza. The nature of the existing elevated LMN Architects Page 6 site is such that a building is separated from the street by the large existing retaining wall, however, the engagement of the building and plaza more than offset the tenuous visual connection to the street. (d) Multiple buildings on the same site should incorporate public spaces (formal or informal). These should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to provide a clear view to destinations, and to create a unified, campus -like development. PACC Compliance: A rain garden/walkway is provided to connect the PACC and the proposed hotel on the project site; this element is intended to be a significant landscaped corridor. 19.115.090 District guidelines (3) City center core (CC-C) and city center frame (CC-F). (a) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights -of -way and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject to the following criteria: (i) In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. (ii) In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. (iii) A greater amount of parking and driving area than is specified in subsections (3)(a)(i) and (ii) of this section may be located along other rights -of -way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director. PACC Compliance: The two buildings that are proposed for the project site are located in such a way to front on the three rights -of -way that adjoin the site - South 31e Street, 20`h Avenge South, and South 314`h Street. As viewed from the rights -of -way, the vast majority of parking will be located behind the two buildings, on the eastern portion of the site. Including the parallel parking stalls that will be added at South 314'h Street, surface parking and driving areas will occupy approximately 22 percent of the project's linear frontage along the three pedestrian rights -of -way, which is well below the limit of 40 percent. (b) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. PACC Compliance: The south side of the building is the principal entrance facade. The large glass wall of the lobby, which is also on the south side of the building, will be clearly recognizable from both South 316`h Street and 20`h Avenue South, which are the principal pedestrian rights -of -way. (c) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: (i) Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian -oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. LMN Architects Page 7 PACC Compliance: The principal south -end facade has distinctive and prominent entrance features, including a large quantity of transparent glass windows and doors. The exterior glass walls and overhanging roof are sculpted to achieve a building with an appropriate civic presence and scale, and which can be viewed from neighboring rights -of -way to the south, east and west as well as from the immediate approach to the building. The expressive roof doubles as an entry canopy. Well over 40 percent of ground level facades located along rights -of way contain transparent glass. A plaza at the south end of the building works in conjunction with the large building lobby to form a significant public open space. The landscape design intends to open rather than obscure views and helps to define different outdoor spaces. (ii) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented than in subsection (3)(c)(i) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. PACC Compliance: Please refer to the comments about the west and north facades under 19.115.060 (3) (b). (iii) Principal facades of single -story buildings with more than 16,000 square feet of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. PACC Compliance: A window wall framed by a projecting roof distinguishes the primary building entrance and a major pedestrian plaza is located adjacent to the building entrance. (d) Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights -of -way, or from the right-of-way nearest to the principal building entrance. Multiple -tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. PACC Compliance: A new stairway for pedestrians will be provided from South 316th Street to the plaza and building entrance that are adjacent to South 316th. An accessible, natural grey concrete pathway will be provided from 20th Avenue South to the building entrance via a sidewalk on the south side of the entrance driveway; that sidewalk adjoins the rain garden and concrete walkway that runs along the eastern side of the building to the building entrance. (e) Drive -through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWRC 19.115.050(7)(b)(ii), (iii), and (iv). PACC Compliance: Does not apply (no drive -through facilities). (f) Above -grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: (i) Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or (ii) A 15-foot-wide strip of Type III landscaping along the base of the facade; or (iii) A decorative grille or screen that conceals interior parking areas from the right-of-way. LMN Architects Page 8 1 PACC Compliance: Does not apply (no parking structure). (g) Facades of parking structures shall be articulated above the ground level pursuant to FWRC 19.115.060(3)(a). PACC Compliance: Does not apply (no parking structure). (h) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. PACC Compliance: The exterior lobby walls, which front on South 316a' Street and 201h Avenue South, are primarily clad in a window wall that will be well over 50 percent transparent. (i) Chain -link fences shall not be allowed. Barbed or razor wire shall not be used. PACC Compliance: Chain -link fences, barbed and razor wire will not be used in the project. 0) For residential uses, subsections (1)(g) through 0), (1), (m), (o), (q), and (r) of this section shall apply. PACC Compliance: Does not apply (project is not residential). 19.115.110 Design criteria for public space The following guidelines apply to public space that is developed pursuant to Chapter 19.225 FWRC. All public space proposed under this section shall meet the definition of "public space" as set forth in this title and all of the following criteria: (1) The total minimum amount of public space that shall be provided in exchange for bonus height is equal to 2.5 percent of the bonus floor area, in gross square feet; provided, that the total public space area shall not be less than 500 square feet. PACC Compliance: Does not apply (no bonus height in effect) (2) The public space may be arranged in more than one piece if appropriate to the site context, as determined by the director. PACC Compliance: The public space in this project is one contiguous piece. (3) The public space shall abut on, or be clearly visible and accessible from, a public right-of-way or pedestrian pathway. PACC Compliance: The public space is located adjacent to South 316`h Street. (4) The public space shall be bordered on at least one side by, or be readily accessible from, structure(s) with entries to retail, office, housing, civic/public uses, or another public space. PACC Compliance: The public space is bordered by the lobby and entrance of the PACC. (5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened parking lots, chain -link fences, or on -site blank walls, and may not be used for parking, loading, or vehicular access. PACC Compliance: The public space is a plaza that augments the entry experience into the PACC and is integrally connected to the public lobby space. It will be comprised of concrete paving, is separated from the f) parking lot, has no fences or blank walls, and is not intended for any vehicular use. LMN Architects Page 9 (6) The open space shall be sufficiently designed and appointed to serve as a major focal point and public gathering place. It shall include a significant number of pedestrian -oriented features, furnishings, and amenities typically found in plazas and streetscapes, and as defined in this title, such as seating or sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and bicycle racks. In addition, the open space(s) should provide one or more significant visual or functional amenity such as a water feature, attwork, or public restroom, and should allow for active uses such as vending, farmers' markets, live performing arts space, and art shows. PACC Compliance: Together, the building lobby and plaza are intended to be the primary focal point and gathering place of the project. The plaza will include several amenities including seating, trash receptacles and bicycle racks. Lighting will be integrated into the design. LMN Architects Page 10 Preliminary Geotechnical Engineering _•�;Report Proposed Performing Arts Center Federal Way, Washington 11 • i Mortenson Construction } _ �'GEDENGINEil S' ---` Earlh Uiaw e + Teci,naingy 1 ` �� `��J f ! �• ��� � '� _�� t mot; Preliminary Geotechnical Engineering Report Proposed Performing Arts Center Federal Way, Washington for Mortenson Construction December 19, 2012 GMENGINEERS2 8410154th Avenue NE Redmond, Washington 98052 425.861.6000 Preliminary Geotechnical Engineering Report Proposed Performing Arts Center Federal Way, Washington File No. 2207-016-00 December 19, 2012 Prepared for: Mortenson Construction 10230 NE Points Drive, Suite 300 Kirkland, Washington 98033 Attention: Rodger Benson Prepared by: GeoEngineers, Inc. 8410 154th Avenue NE Redmond, Washington 98052 425.861.6000 Braydan P. DuRee, PE Geotechnical Engineer Matthew W. Smith, PE Principal BPD:MWS:nld:lc r' 35217 )MAL Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2012 by GeoEngineers, Inc. All rights reserved. GWENGINEER� Table of Contents INTRODUCTION...................................................................................................................................I..........1 PROJECTDESCRIPTION......................................................................................................,.........................1 FIELD EXPLORATIONS AND LABORATORY TESTING.................................................................................1 FieldExplorations...................................................................................................................................1 LaboratoryTesting................................................................................................................................. 2 SITECONDITIONS..........................................................................................................................................2 SurfaceConditions.................................................................................................................................2 SubsurfaceSoil Conditions...................................................................................................................2 GroundwaterConditions........................................................................................................................3 CONCLUSIONS AND RECOMMENDATIONS................................................................................................3 Summary................................................................................................................................................3 EarthquakeEngineering........................................................................................................................5 Liquefaction..................................................................................................................................... 5 OtherSeismic Hazards................................................................................................................... 5 2009 IBC Seismic Design Information...........................................................................................5 ExcavationSupport................................................................................................................................5 ExcavationConsiderations............................................................................................................. 5 TemporaryCut Slopes.....................................................................................................................6 SoilNail Walls..................................................................................................................................7 SoldierPile and Tieback Walls.......................................................................................................9 TemporaryDewatering ....................... ................................................................................................12 FoundationSupport.............................................................................................................................12 GroundImprovement....................................................................................................................13 ShallowFoundations.....................................................................................................................14 DeepFoundations.........................................................................................................................16 Slab -on -Grade Floors...........................................................................................................................17 SubgradePreparation...................................................................................................................17 DesignParameters........................................................................................................................17 Below -Slab Drainage.....................................................................................................................18 Below -Grade Walls and Retaining Walls.............................................................................................18 PermanentSubsurface Walls.......................................................................................................19 SiteRetaining Walls......................................................................................................................19 Drainage........................................................................................................................................20 Earthwork.............................................................................................................................................21 Clearingand Site Preparation......................................................................................................21 SubgradePreparation...................................................................................................................21 StructuralFill.................................................................................................................................22 PermanentCut and Fill Slopes.....................................................................................................25 UtilityTrenches..............................................................................................................................25 Sedimentand Erosion Control......................................................................................................25 PavementRecommendations.............................................................................................................26 SubgradePreparation...................................................................................................................26 New Hot Mix Asphalt (HMA) Pavement........................................................................................26 GEOENGINEER� December 19, 2012 Page i File No. 2207-016-00 Table of Contents (Continued) Portland Cement Concrete Pavement.........................................................................................26 Asphalt -Treated Base....................................................................................................................27 DrainageConsiderations.....................................................................................................................27 Recommended Additional Geotechnical Services.............................................................................27 LIMITATIONS...............................................................................................................................................27 REFERENCES..............................................................................................................................................28 LIST OF FIGURES Figure 1. Vicinity Map Figure 2. Site Plan Figure 3. Earth Pressure Diagrams - Temporary Soldier Pile & Tieback Wall Figure 4. Recommended Surcharge Pressure APPENDICES Appendix A. Field Explorations Figure A-1 - Key to Exploration Logs Figures A-2 through A-8 - Boring Logs Appendix B. Laboratory Testing Figures B-1 and B-2 - Sieve Analysis Results Appendix C. Ground Anchor Load Tests and Shoring Monitoring Program Appendix D. Report Limitations and Guidelines for Use Page ii December 19, 2012 GeoEngineers, Inc. Flle No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington INTRODUCTION This report presents the results of GeoEngineers' preliminary geotechnical engineering services for the proposed Performing Arts Center to be located at 31510 20th Avenue South in Federal Way, Washington. The site is shown relative to surrounding physical features on the Vicinity Map (Figure 1) and the Site Plan (Figure 2). The purpose of this report is to provide preliminary geotechnical engineering conclusions and recommendations for the early design of the new development. GeoEngineers' geotechnical engineering services have been completed in general accordance with our proposal dated November 9, 2012. Our scope of work includes: Reviewing available reports and studies for the site and surrounding area; * Completing explorations at the site to characterize soil and groundwater conditions; * Providing International Building Code (IBC) 2009 seismic design criteria; Providing preliminary foundation, temporary shoring, slab -on -grade, permanent below -grade walls, and earthwork recommendations; and, Preparing this report. PROJECT DESCRIPTION GeoEngineers understands that Mortenson Construction and the City of Federal Way plan to develop a new Performing Arts Center on the property. We understand that several concepts of the proposed building are being developed, but the building layout has not yet been determined. We anticipate that the building will consist of one to two stories supported on shallow foundations, either constructed at -grade or possibly over one basement level. The proposed Performing Arts Center building will be located in approximately the same location as the existing retail building at the site. The existing cast -in -place retaining walls on the southern and western portion of the site may be removed and replaced as part of the project. We understand that the design team is considering replacing the existing walls with either mechanically stabilized earth (MSE) walls or a series of tiered cast -in -place concrete walls. This preliminary geotechnical report will be updated with a design -level report after a conceptual level plan has been developed and the preferred development alternative selected. FIELD EXPLORATIONS AND LABORATORY TESTING Field Explorations The subsurface conditions at the site were evaluated by drilling 7 borings (61 through 137) to depths ranging from approximately 39 feet to 411/2 feet below existing site grades. The approximate locations of the explorations are shown in Figure 2. Descriptions of the field exploration program and the boring logs are presented in Appendix A. GEOENGINEERS� December 19, 2012 Page 1 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Laboratory Testing Soil samples were obtained during drilling and were taken to GeoEnginccrs' laboratory for further evaluation. Selected samples were tested for the determination of the grain size distribution, fines content and moisture content. A description of the laboratory testing and the test results are presented in Appendix B. SITE CONDITIONS Surface Conditions The site consists of one parcel comprising about 3.87 acres and is currently occupied by an existing one-story masonry retail building and surface parking lot. The existing 49,700-square-foot retail building is located on the southern portion of the site and is currently unoccupied. The site is bounded by South 314th Street to the north, a commercial building and surface parking lot to the east, South 316th Street to the south, and 20th Avenue South to the west. The existing one-story building was constructed at grade and is surrounded by a surface parking lot paved with asphalt concrete pavement. The surface parking lot is relatively flat while 2Oth Avenue South slopes down towards South 316th Street. A cast -in -place concrete retaining wall is located along the south and the southern portion of the west side of the property. The wall supports up to about 15 feet of fill placed to level the site. Vegetation at the site is limited to small brush and trees in planter areas. Several utility easements for Federal Way Water and Sewer District cross the north portion of the site and are shown on the Site Plan, Figure 2. Buried utilities consisting of sanitary sewer, storm drain, gas, water, electric and telecommunications were marked at the site for the utility locate. In addition, street lights are present in the right-of-way adjacent to the site. Subsurface Soil Conditions GeoEngineers' understanding of subsurface conditions is based on our review of existing geotechnical information and the results of seven borings drilled as part of this study. The approximate locations of the borings are presented in the Site Plan, Figure 2. The borings were drilled through the existing pavement section and the subsurface conditions at the site generally consist of relatively shallow fill and competent glacially consolidated soils. Asphalt concrete pavement was observed to range from 2 to 4 inches thick and was underlain by 2 to 6 inches of crushed rock base course. The fill observed during drilling generally consists of loose to medium dense sand with gravel. The thickness of the fill ranged from about 11/2 feet at the north end of the site to about 91/2 feet at the boring locations completed in the southwestern portion of the site. The thickness, composition, and density of the fill are anticipated to vary across the site. Page 2 December 19, 2012 GeoEngineers, inc. File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington The glacially consolidated soils (glacial till) were encountered below the fill in each of the borings. The glacial till generally consists of dense to very dense silty fine to coarse sand with gravel and occasional cobbles. While not encountered during drilling, occasional boulders have been observed in glacial till soils and may be present at the site. Groundwater Conditions Groundwater was observed during drilling by observing the moisture content of the samples and by measuring the depth to water in each boring before the borings were backfilled. Groundwater was observed to be about 12 to 33 feet below existing site grades. Groundwater levels are anticipated to vary as a function of location, precipitation, season and other factors. CONCLUSIONS AND RECOMMENDATIONS Summary A summary of the preliminary geotechnical considerations is provided below. The summary is presented for introductory purposes only and should be used in conjunction with the complete recommendations presented in this report. For preliminary design purposes, the site can be designated as Soil Profile Type C per the 2009 IBC. At this time, the floor elevation of the building has not been determined. We anticipate that excavations can be accomplished using temporary cut slopes, soil nail walls, and/or soldier pile walls (with or without tiebacks). For preliminary design purposes, the static groundwater level can be assumed to be located deeper than about 12 feet below existing site grades. For preliminary design, we anticipate that dewatering can be accomplished with sumps and pumps (if required). The existing fill and glacially consolidated soils observed in the borings are considered to be capable of providing adequate support for slabs -on -grade. Conventional slabs -on -grade should be underlain by a 6-inch-thick layer of clean crushed rock. Where existing fill is present at the slab -on -grade elevation, the fill should be thoroughly re -compacted to at least 95 percent of the maximum dry density estimated in accordance with the ASTM D1557 test procedure. Below -grade drainage should be provided for the planned building. Where the finish floor elevation is located below surrounding site grades, below -grade drainage should be provided for basement walls and for preliminary design purposes, below the slab -on -grade. Where the finish floor elevation is located above surrounding site grades, below -grade drainage consisting of foundation drains installed outside the building footprint are recommended. m The glacially consolidated soils represent competent bearing soils. The fill present at the site is anticipated to be variable in thickness and density and for preliminary design purposes, should be assumed to require improvement/replacement to provide adequate foundation support unless drilled shafts are used to transfer the load to the competent bearing soils. Based on the borings completed for this study, fill will be present at the foundation subgrade elevation primarily in the southwestern portion of the site and the remainder of the site will have competent glacial soils present at foundation subgrade elevation. Earthwork and foundation GEOENGINEER� December19,2012 Page3 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington costs will be reduced if the planned structure can be located away from the southwest corner of the site. Alternatively, foundation costs will be lower if there is at least one below grade level in the southwestern portion of the site. m The planned building can be supported on shallow foundations with an allowable soil bearing pressure of 8 to 10 kips per square foot (ksf) for footings supported on undisturbed glacial till or on lean concrete extending down to undisturbed glacial till. If the competent bearing soils are located well below the planned building foundations (potentially the southern portion of the building), the following options may be considered for foundation support during preliminary design: 1. An allowable bearing pressure of 6 ksf may be used for footings supported on structural fill extending down to the dense native soils. 2. An allowable bearing pressure of 4 to 6 ksf may be used for footings supported on ground improved with rammed aggregate piers (GeopiersTM), depending on the extent of the ground improvement. 3. An allowable bearing pressure of 6 ksf may be used for footings supported on ground improved with lean concrete columns that transfer the foundation loads to the competent bearing soils 4. Drilled shafts used to support structures may be designed using an allowable end bearing capacity of 40 ksf for shafts supported on glacial till and an allowable side friction of 0.5 ksf in fill and 1.25 ksf in glacial till. The existing cast -in -place retaining wall can be replaced with a variety of retaining wall types. We understand that MSE and cast -in -place concrete walls are currently being considered. Alternative wall options are feasible for this site and will be assessed during final design, if necessary 1. Typical reinforcement lengths of MSE walls range from 0.7 to 0.9 times the wall height. Temporary excavations will be required to install the MSE wall reinforcing material. 2. Tiered cast -in -place retaining walls supporting horizontal backfill should be designed using a preliminary equivalent fluid density of 35 pcf (triangular distribution). For seismic loading conditions, a rectangular earth pressure equal to 7H pounds per square foot (psf) should be added to the active earth pressure. Other surcharge loading should be applied as appropriate. Lateral resistance can be provided by frictional resistance along the base of the wall using a coefficient of friction equal to 0.4 and by passive resistance in front of the wall using an equivalent fluid density of 400 pcf (triangular distribution). During final design, GeoEngineers will further assess the extent of fill anticipated to be present below the foundation subgrade elevation and the building loads. After the lowest finish floor elevation has been established, we will reassess the foundation support options. Our specific geotechnical recommendations are presented in the following sections of this report. Page 4 December 19, 2012 GeoEngineers, Inc. ReNa 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Earthquake Engineering Liquefaction Liquefaction refers to the condition by which vibration or shaking of the ground, usually from earthquake forces, results in the development of excess pore pressures in saturated soils with subsequent loss of strength. In general, soils that are susceptible to liquefaction include very loose to medium dense, clean to silty sands that are below the water table. Groundwater levels at the site are generally within the dense to very dense glacial till soils. Our analysis indicates that the soils that underlie the proposed building area have a low risk of liquefying because of the density and gradation of these soils. Other Seismic Hazards Due to the location of the site and the site's topography, the risk of adverse impacts resulting from seismically induced slope instability, differential settlement, surface displacement due to faulting, or lateral spreading is considered to be low. 2009 IBC Seismic Design Information For preliminary design purposes, the site can be designated as Soil Profile Type C per the 2009 1 BC. We recommend the use of the following 2009 IBC parameters for short period spectral response acceleration (Ss), 1-second period spectral response acceleration (Si) and seismic coefficients (FA and Fv) for the project site. 2009 IBC Parameter Soil Profile Type C Short Period Spectral Response Acceleration, Ss (percent g) 124 1-Second Period Spectral Response Acceleration, St (percent g) 42 Seismic Coefficient, FA 1.0 Seismic Coefficient, Fv 1.38 Excavation Support Excavation Considerations We understand that the proposed Performing Arts Center building may contain one below -grade level. Temporary cut slopes are anticipated to be the most cost effective means of excavation support. Depending on the location and finish floor elevation of the selected alternative, temporary shoring may be required to construct the below grade portion of the building if site constraints limit the use of temporary cut slopes. Temporary shoring consisting of soil nails or soldier piles (with or without tiebacks) is considered to be feasible for this site. Preliminary recommendations for temporary cut slopes, soil nail walls, and soldier pile walls are presented below. GEOENGINEERS� December 19, 2Q12 Page 5 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington The site soils may be excavated with conventional excavation equipment, such as trackhoes or dozers. It may be necessary to rip the glacially consolidated soils locally to facilitate excavation. The contractor should be prepared for occasional cobbles and boulders in the site soils. Likewise, the surficial fill may contain foundation elements and/or utilities from previous site development, debris, rubble and/or cobbles and boulders. We recommend that procedures be identified in the project specifications for measurement and payment of work associated with obstructions. Temporary Cut Slopes The stability of open -cut slopes is a function of soil type, groundwater seepage, slope inclination, slope height and nearby surface loads. The use of inadequately designed open cuts could impact the stability of adjacent work areas, could affect existing utilities and could endanger personnel. The contractor performing the work has the primary responsibility for protection of workers and adjacent improvements. In our opinion, the contractor will be in the best position to observe subsurface conditions continuously throughout the construction process and to respond to variable soil and groundwater conditions. Therefore, the contractor should have the primary responsibility for deciding whether or not to use open -cut slopes for much of the excavations rather than some form of temporary excavation support, and for establishing the safe inclination of the cut slope. Acceptable slope inclinations for utilities and ancillary excavations should be determined during construction. Because of the diversity of construction techniques and available shoring systems, the design of temporary cut slopes is most appropriately left to the contractor proposing to complete the installation. Temporary cut slopes and shoring must comply with the provisions of Title 296 Washington Administrative Code (WAC), Part N, "Excavation, Trenching and Shoring." For preliminary planning purposes, temporary unsupported cut slopes more than 4 feet high may be inclined at 1H:1V (horizontal to vertical) maximum steepness within the fill soils and no steeper than 3/4H:1V in the glacial till soils. During final design, GeoEngineers will assess the feasibility of steeper temporary cut slopes in the glacially consolidated soils. The above guidelines assume that surface loads such as traffic, construction equipment, stockpiles or building supplies will be kept away from the top of the cut slopes a sufficient distance so that the stability of the excavation is not affected. We recommend that this distance be at least 5 feet from the top of the cut for temporary cuts made at 1H:1V or flatter. Temporary cut slopes should be planned such that they do not encroach on a 1H:1V influence line projected down from the edges of nearby or planned foundation elements. Water that enters the excavation must be collected and routed away from prepared subgrade areas. We expect that this may be accomplished by installing a system of drainage ditches and sumps along the toe of the cut slopes. Some sloughing and raveling of the cut slopes should be expected. Temporary covering, such as heavy plastic sheeting with appropriate ballast, should be used to protect these slopes during periods of wet weather. Surface water runoff from above cut slopes should be prevented from flowing over the slope face by using berms, drainage ditches, swales or other appropriate methods. Page 6 December 19, 2012 GeoEngineers, Inc. Re No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Soil Nail Walls The soil nail wall system consists of drilling and grouting rows of steel bars or "nails" behind the excavation face as it is excavated and then covering the face with reinforced shotcrete. The placement of soil nails reinforces the soils located behind the excavation face and increases the soil's ability to inhibit a mass of soil from sliding into the excavation. It may be necessary to utilize vertical elements, post -tensioned nails and/or temporary cut slopes in areas where looser soils are present and/or where wall deflections must be limited to protect existing improvements. Soil nail walls are typically constructed using the following sequence: 1. Install vertical elements (where necessary) into vertical drilled holes and grout each hole with lean concrete. 2. Excavate the soil at the wall face to between 1 and 3 feet below the row of soil nails to be installed. Depending upon the soil conditions at the wall face, the excavation may be completed with a vertical cut or with berms (native or fill). 3. Drill, install and grout soil nails. 4. Excavate berm, if present, located within about 3 feet below the elevation of the soil nail. 5. Place drainage strips, steel wire mesh and/or reinforcing bars in front of the excavated soil. 6. Install shotcrete and place steel plates and nuts over the soil nails. 7. Complete nail pullout capacity testing on approximately one out of every 20 nails in an installed row. 8. Repeat steps two through seven for each row of nails located below the completed row. Vertical elements may be used to improve face stability of the site soils or to act as a cantilever wall to meet nail clearance requirements where buried utilities are present. Vertical elements typically consist of vertical steel beams placed in drilled holes located along the wall alignment and backfilled with lean concrete. Clean granular soils may be present locally at the site. Face instability where clean granular soils are present can be mitigated using vertical elements or by other means determined by the shoring contractor during shoring construction, as discussed below. Soil nails typically consist of #8 to 1-1/4" diameter threaded steel bars. The steel bars are placed in 6- to 8-inch-diameter holes drilled at angles typically ranging from 10 to 25 degrees below horizontal. Centralizers are used to center the steel bars in the holes. Once the steel bars are installed, the holes are grouted using cement grout or concrete. The soils typically are required to have an adequate standup time (to allow placement of the steel wire mesh and/or reinforcing bars to be installed and the shotcrete to be placed). Soils that have short standup times are problematic for soil nailing and may require the use of vertical elements. GEoENGINEER� December 19, 2612 Page 7 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington PRELIMINARY DESIGN RECOMMENDATIONS We recommend the following for preliminary design purposes: -. Vertical elements (where necessary) installed at approximately 6 feet on center. x A soil nail grid pattern of about 6 feet by 6 feet. A soil nail length ranging up to the wall height (but not less than 10 feet), inclined at about 15 to 20 degrees from the horizontal. A preliminary allowable load transfer of 1.5 kips/foot for fill soils and 3 kips/foot for the glacial till soils for 6- to 8-inch-diameter grouted nails. i . Strips of drainage material installed behind the shotcrete to relieve hydrostatic pressures. Additional drainage provisions may be necessary if significant groundwater is encountered during the excavation. The fill at the site and the fill associated with utilities located behind the walls will affect the soil nail design. Typically, the soil nail spacing is tighter or the soil nails are longer, or both, where fill or looser native soils are present compared to where competent glacially consolidated soils are present. Difficulties associated with face stability and standup time may be experienced during construction in the site soils. Fill soils are often loose to medium dense and, as a result, may have a shorter standup time. Cleaner sand and gravel soils or soils located in areas with groundwater may also exhibit shorter standup times. Spalling and raveling of the cut face may occur at these locations during soil nail wall installation. Construction techniques used to mitigate spalling and raveling include: Excavating leaving a 1H:1V (horizontal to vertical) earth berm in front of the wall. The soil nails are installed by drilling through the soil berm. The native soil berm is then removed to allow for installation of the drainage material and reinforcing steel and shotcrete. is Excavating to the planned back of shotcrete facing and then placing a 11-1:1V fill berm in front of the wall. The fill berm is then removed just before placement of drainage material, reinforcement, and shotcrete. III Shortening the length of wall drilled and shotcreted using a staggered excavation approach. Contractors experienced in the soil nailing method should be able to mitigate significant spalling and raveling conditions. Contractors should also be prepared to use techniques to address problems that occur because of caving soils. The contractor should be made responsible for the safety of the shoring system. SOIL NAIL WALL PERFORMANCE A soil nail wall is a passive shoring system that requires deflections for load to be applied to the soil nails. We recommend that the soil nail walls be designed such that average wall deflections are limited to 1 inch and ground surface settlements behind the wall are less than about 1 inch. Where existing structures are located within 10 feet of the shoring wall, the soil nail wall should be designed to limit deflections to less than 1/2 inch. The deflections and settlements are usually highest at the excavation face and decrease to negligible amounts beyond a distance behind the Page 8 December 19, 2012 GeoEngineers, Inc. He No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington wall equal to the excavation height. Wall deflections can be reduced by post -tensioning the upper row(s) of soil nails. Localized deflections may exceed the above estimates and may reflect local variations in soil conditions (such as around abandoned side sewers) or may be the result of the workmanship used to construct the wall. Monitoring of the shoring system should be completed as described in Appendix C, Ground Anchor Load Tests and Shoring Monitoring Program. DRAINAGE A suitable drainage system should be installed to prevent the buildup of hydrostatic groundwater pressures behind the soil nail walls. Drainage behind soil nail walls typically consists of prefabricated geocomposite drainage strips, such as Mirafi G100T"^, installed vertically between the soil nails. The drainage strips are typically a minimum of 16 inches wide and extend the entire height of the wall. Horizontal drainage strips may also be used in areas where perched groundwater is observed, or for other reasons. We recommend that drainage strips be connected to a tightline pipe installed along the base of the wall and routed to a suitable discharge point as described below in the Below Grade Walls and Retaining Walls section of this report. Soldier Pile and Tieback Walls Soldier pile walls consist of steel beams that are concreted into drilled vertical holes located along the wall alignment, typically 8 feet on center. After excavation to specified elevations, tiebacks are installed, if necessary. Once the tiebacks are installed, the pullout capacity of each tieback is tested, and the tieback is locked -off to the soldier pile at or near the design tieback load. Tiebacks typically consist of steel strands that are installed into pre -drilled holes and then either tremie or pressure grouted. Timber lagging is typically installed behind the flanges of the steel beams to retain the soil located between the soldier piles. Geotechnical design recommendations for each of these components of the soldier pile and tieback wall system are presented in the following sections. SOLDIER PILES We recommend that soldier pile walls be designed using the earth pressure diagrams presented in Figure 3. The earth pressures presented in Figure 3 are for full height cantilever soldier pile walls and full -height soldier pile walls with a single level or multiple levels of tiebacks. Recommended surcharge pressures for design of the shoring walls are presented in Figure 4. The earth pressures presented in Figure 3 represent the estimated loads that will be applied to the wall system for various wall heights. The earth pressures presented in Figure 3 include the loading from traffic surcharge. Additional surcharge loads (floor or foundation loads, etc.) can be evaluated using the surcharge pressures presented in Figure 4. Other surcharge loads, such as cranes, construction equipment or construction staging areas, should be considered by GeoEngineers on a case -by -case basis. In Figure 3, no seismic pressures have been included because it is assumed that the shoring will be temporary. We recommend that the embedded portion of the soldier piles be at least 2 feet in diameter and extend a minimum distance of 10 feet below the base of the excavation to resist "kick -out." The axial capacity of the soldier piles must resist the downward component of the anchor loads GEOENGINEER� December 19, 2012 Page 9 File Na. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington and other vertical loads, as appropriate. We recommend using an allowable end bearing value of 40 ksf for piles supported on the glacially consolidated soils. The allowable end bearing value should be applied to the base area of the drilled hole into which the soldier pile is concreted. This value includes a factor of safety of about 2.5. The allowable end bearing value assumes that the shaft bottom is cleaned out immediately prior to concrete placement. If necessary, an allowable pile skin friction of 1.5 ksf may be used on the embedded portion of the soldier piles to resist the vertical loads. LAGGING We recommend that the temporary timber lagging be sized using the procedures outlined in the Federal Highway Administration's Geotechnical Engineering Circular No. 4. The site soils are best described as competent soils. The following table presents recommend timber lagging thicknesses (roughcut) as a function of soldier pile clear span and depth. Shotcrete lagging can be used as an alternative to timber lagging, depending upon the contractor's preference. Depth (feet) Recommended Lagging Thickness (roughcut) for clear spans of: 5 feet 6 feet 7 feet 8 feet 9 feet 10 feet 0 to 25 2 inches 3 inches 3 inches 3 inches 4 inches 4 inches Lagging should be installed promptly after excavation, especially in areas where perched groundwater is present or where clean sand and gravel soils are present and caving soils conditions are likely. The workmanship associated with lagging installation is important for maintaining the integrity of the excavation. The space behind the lagging should be filled with soil as soon as practicable. The voids behind the lagging should be backfilled immediately or within a single shift, depending on the selected method of backfill. Placement of backfill will help reduce the risk of voids developing behind the wall and damage to existing improvements located behind the wall. Lean concrete is a suitable option for the use of backfill behind the walls. Lean concrete will reduce the volume of voids present behind the wall. Alternatively, lean concrete may be used for backfill behind the upper 5 to 10 feet of the excavation to limit caving and sloughing of the upper soils, with on -site soils used to backfill the voids for the remainder of the excavation. Based on our experience, the voids between each lean concrete lift are sufficient for preventing the buildup of hydrostatic pressure behind the wall. TIEBACKS Tieback anchors can be used for wall heights where cantilever soldier pile walls are not cost-effective. Tieback anchors should extend far enough behind the wall to develop anchorage beyond the "no-load" zone and within a stable soil mass. The anchors should be inclined downward at 15 to 25 degrees below the horizontal. Corrosion protection will not be required for the temporary tiebacks with a design life of less than one year. Centralizers should be used to keep the tieback in the center of the hole during grouting. Structural grout or concrete should be used to fill the bond zone of the tiebacks. A bond breaker, such as plastic sheathing, should be placed around the portion of the tieback located within the Page 10 December 19, 2012 GeoEngineers, Inc. Me No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington no-load zone if the shoring contractor plans to grout both the bond zone and unbonded zone of the tiebacks in a single stage. If the shoring contractor does not plan to use a bond breaker to isolate the no-load zone, GeoEngineers should be contacted to provide recommendations. Loose soil and slough should be removed from the holes drilled for tieback anchors prior to installing the tieback. The contractor should take necessary precautions to minimize loss of ground and prevent disturbance to previously installed anchors and existing improvements in the site vicinity. Holes drilled for tiebacks should be grouted/filled promptly to reduce the potential for loss of ground. Tieback anchors should develop anchorage in the glacially consolidated soils. We recommend that spacing between tiebacks be at least three times the diameter of the anchor hole to minimize group interaction. We recommend a preliminary design load transfer value between the anchor and soil of 4 kips/foot for glacially consolidated soils and 1.5 kips/foot for fill soil. Higher adhesion values may be developed, depending on the anchor installation technique. The contractor should be given the opportunity to use higher adhesion values by conducting performance tests prior to the start of installing the production tieback anchors. The tieback anchors should be verification- and proof -tested to confirm that the tiebacks have adequate pullout capacity. The pullout resistance of tiebacks should be designed using a factor of safety of 2. The pullout resistance should be verified by completing at least two successful verification tests in each soil type and a minimum of four total tests for the project. Each tieback should be proof -tested to 133 percent of the design load. Verification and proof tests should be completed as described in Appendix C, "Ground Anchor Load Tests and Shoring Monitoring Program." The tieback layout and inclination should be checked to confirm that the tiebacks do not interfere with adjacent buried utilities. DRAINAGE A suitable drainage system should be installed to prevent the buildup of hydrostatic groundwater pressures behind the soldier pile and lagging wall. It may be necessary to cut weep holes through the lagging in wet areas. Seepage flows at the base of the excavation should be contained and controlled. Drainage should be provided for permanent below -grade walls as described below in the Below Grade Walls and Retaining Walls section of this report. CONSTRUCTION CONSIDERATIONS Temporary casing or drilling fluid may be required to install the soldier piles where: Loose fill is present; The native soils do not have adequate cementation or cohesion to prevent caving or raveling; and/or Groundwater is present. GeoEngineers should observe and document the installation and testing of the shoring to verify conformance with the design assumptions and recommendations. GEoENGINEER� December 19, 2012 Page 11 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Temporary Dewatering Based on our understanding of the groundwater conditions, we anticipate that groundwater at the site is at approximately 12 to 33 feet below existing site grades. The groundwater appears to be perched within isolated sandy layers of the glacially consolidated soils. The soils within the planned excavation depth below the groundwater table are very dense and have a low permeability. For planning purposes, we recommend that the contractor plan to use sumps and pumps located within the excavation for required temporary dewatering associated with groundwater. The dewatering requirements will be further assessed after the preferred development alternative is selected and the lowest finish floor elevation has been established. Surface water from rainfall will likely contribute significantly to the volume of water that needs to be removed from the excavation during construction and will vary as a function of season and precipitation. �. . M Explorations completed at the site encountered fill of variable thickness overlying competent glacially consolidated soils. The fill present atthe site is anticipated to be variable in thickness and density and for preliminary design purposes, should be assumed to require ground improvement to provide adequate shallow foundation support, unless supported on deep foundations. The glacially consolidated soils will provide competent bearing for shallow foundations. Based on the borings completed for this study, fill will be present at the foundation subgrade elevation primarily in the southwestern portion of the site and the remainder of the site will have competent glacial soils present at foundation subgrade elevation. Earthwork and foundation costs will be reduced if the planned structure can be located away from the southwest corner of the site. Alternatively, foundation costs will be lower if there is at least one below grade level in the southwestern portion of the site. For preliminary design, the following foundation support alternatives may be considered: Shallow foundations bearing on competent glacial till or on lean concrete extending down to competent glacial till; Shallow foundations bearing on structural fill extending down to competent glacial till; Shallow foundations supported on existing fill improved with rammed aggregate piers (GeoPierSTM); - Shallow foundations supported on existing fill improved with lean concrete columns; and, m Deep foundation support, such as drilled shafts. During final design, GeoEngineers will further assess the extent of fill anticipated to be present below the foundation subgrade elevation and the building loads. After the lowest finish floor elevation has been established, we will reassess the foundation support alternatives. Page 12 December 19, 2012 GeoEngineers, Inc. ReNo. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Ground Improvement REMOVAL AND REPLACEMENT Ground improvement consisting of removal of the existing fill soils down to the competent glacial till soils and replacement with compacted structural fill. Removal of the old fill soils should extend beyond the edges of the building foundations a distance equal to the depth of the excavation below planned foundations. For preliminary design, imported Gravel Borrow or Seattle Type 17 should be used as structural fill within the building footprint and compacted to 95 percent of the maximum dry density (MDD). RAMMED AGGREGATE PIERS (GEOPIERST-) Improving the existing fill soils with rammed aggregate piers such as GeoPiersTM will provide adequate support of shallow foundations. For preliminary design, the rammed aggregate piers should extend through the existing fill soils and at least 2 feet into the underlying competent glacial till soils. We anticipate that rammed aggregate piers will need to extend up to about 10 feet deep on the southern portion of the building, depending on the location of the building and the final floor slab elevation. The rammed aggregate piers should extend to the bottom of the foundations and to within 2 feet of the floor slabs. Installation of the aggregate piers typically includes drilling 2- to 3-foot-diameter holes and filling them with crushed aggregate. Crushed aggregate is placed into the hole in approximately 1-foot lifts and compacted using a hydraulic densification system to create a column (pier) of crushed aggregate. Uplift resistance can be achieved by installing plate anchors at the base of the pier during construction. The rammed aggregate pier would support moderate foundation loads (both bearing and uplift) and reduce post construction settlement to an acceptable amount. An allowable bearing pressure of 4 to 6 ksf can be assumed for shallow foundations bearing above areas improved using rammed aggregate piers. Rammed aggregate piers can also be used to support the floor slabs if the risk of potential settlement of the existing fill soils is not acceptable. Based on our experience, we anticipate that the system may include the following elements for support of the design loads: Rammed aggregate piers 24 to 36 inches diameter. Depending of the actual building loads, column footings may be supported on four to five rammed aggregate piers placed on about a 4-foot center -to -center spacing in both directions. Perimeter footings may be supported on rammed aggregate piers placed at a spacing of 7 to 8 feet center -to -center. If needed for floor slab support, the rammed aggregate piers may be placed on a 7- to 8-foot center -to -center spacing in both directions. Up to 2 feet of crushed gravel will be placed over the top of the piers under the floor slab. Rammed aggregate piers would likely be drilled at a level about 1 to 2 feet below the building floor slab depending on the thickness of the crushed gravel layer. The crushed gravel layer could be incorporated into the recommended capillary break layer. GEoENGINEER� December 19, 2012 Page 13 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington LEAN CONCRETE COLUMNS Ground improvement consisting of 18-inch-diameter lean concrete columns could be used as an alternative foundations support. For perimeter foundations, the ground improvement columns should have a minimum spacing of 6 feet on center and extend at least 2 feet into the competent glacial till soils. For column foundations, each column foundation should bear on a minimum of four lean concrete columns that extend at least 2 feet into the competent glacial till soils. The lean concrete should have a minimum compressive strength of 500 psi. Shallow Foundations FOUNDATION BEARING PRESSURE Provided that footings are supported as recommended above, we recommend the following preliminary foundation bearing pressures: A preliminary allowable bearing pressure of 8 to 10 ksf may be used for footings supported on the glacial till soils or on lean concrete extending down to the dense glacial soils. The actual bearing pressure used for design will depend on the proposed footing subgrade elevation and will be updated in our design -level geotechnical report. III Footings supported on properly compacted structural fill extending down to dense glacial till may be designed using a preliminary allowable bearing pressure of 6 ksf. m Footings supported on ground improved with GeoPiersTM may be designed using a preliminary allowable bearing pressure of 4 to 6 ksf, depending on the configuration of the rammed aggregate piers. m Footings supported on ground improved with lean concrete columns may be designed using a preliminary allowable bearing pressure of 6 ksf. These allowable bearing pressures apply to the total dead and long-term live loads and may be increased up to one-third for short-term live loads such as wind or seismic forces. Existing fill and otherwise unsuitable soft soil should be improved/replaced from under all footings. FOUNDATION SETTLEMENT Provided that the existing fill soils are improved/removed and that the subgrade is prepared as recommended under Construction Considerations below, we estimate that the total settlement of shallow foundations will be about 1 inch or less. The settlements will occur rapidly, essentially as loads are applied. Differential settlements between footings could be half of the total settlement. Note that smaller settlements will result from lower applied loads. SIZE AND EMBEDMENT We recommend minimum widths of 24 and 36 inches, respectively, for continuous wall and isolated column footings supporting the proposed building. The exterior footings should be founded a minimum of 18 inches below the lowest adjacent grade. Interior footings should be founded a minimum of 12 inches below top of slab. All footings near below -grade, walls should be embedded to a depth that is at least below a 1H:1V line projected up from the bottom of the closest section of wall; otherwise, the below -grade walls need to be designed for lateral loads from the footings. Page 14 December 19, 2012 GeoEngineers, Inc. He No. 2207-016-DO Proposed Performing Arts Center Federal Way, Washington LATERAL RESISTANCE Lateral foundation loads may be resisted by passive resistance on the sides of footings and by friction on the base of the shallow foundations. For shallow foundations supported on native soils, the allowable frictional resistance may be computed using a coefficient of friction of 0.4 applied to vertical dead -load forces. The allowable passive resistance may be computed using an equivalent fluid density of 400 pounds per cubic foot (pcf) (triangular distribution). These values are appropriate for foundation elements that are poured directly against undisturbed glacially consolidated soils or surrounded by structural fill. The above coefficient of friction and passive equivalent fluid density values incorporate a factor of safety of about 1.5. FOUNDATION DRAINS We recommend that perimeter foundation drains be installed around the proposed Performing Arts Center building where the perimeter foundations are constructed as concentric footings with temporary cut slopes. The perimeter foundation drains should be installed at the base of the exterior footings. The drains should consist of 4-inch-diameter perforated collector pipe enveloped within a minimum thickness of 6 inches of gravel as described in the Structural Fill section of this report. The gravel backfill should be wrapped with a geotextile filter fabric meeting the requirements of construction geotextile for underground drainage (Section 9-33 of the 2012 WSDOT Standard Specifications). We recommend using either heavy -wall solid pipe (SDR-35 polyvinyl chloride [PVC]) or rigid corrugated polyethylene pipe (ADS N-12 or equivalent) for the collector pipe. We recommend against using flexible tubing for footing drainpipe. The pipes should be laid with a minimum slope of 1/2 percent and discharge into the stormwater collection system to convey the water to a suitable disposal location. The pipe installations should include a cleanout riser with cover located at the upper end of each pipe run. We recommend that the cleanouts be covered and be placed in flush -mounted utility boxes. Permanent drainage systems should intercept surface water runoff at the top and/or bottom of cut and fill slopes to prevent it from flowing in an uncontrolled manner across the site. The finished ground surface adjacent to new and existing buildings should be sloped so that surface water runoff flows away from the structures and the nearby slopes. Roof drains should be tightlined to an appropriate discharge point and should not be connected to the footing or wall drains. CONSTRUCTION CONSIDERATIONS We recommend that the condition of all subgrade areas be observed by GeoEngineers to evaluate whether the work is completed in accordance with our recommendations and whether the subsurface conditions are as anticipated. If soft areas are present at the footing subgrade elevation, the soft areas should be removed and replaced with lean concrete or structural fill at the direction of GeoEngineers. CiEOENGINEER� December 19, 2012 Page 15 File No 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Deep Foundations Deep foundations can be used as an alternative to supporting the building on shallow foundations where existing fill is located below the planned footing subgrade elevations. In our opinion, the building may be supported on deep foundations penetrating the loose fill soils and bearing in the underlying competent glacial till soils. Deep foundations consisting of drilled shafts may be used to support the building. We anticipate that drilled shafts will be the most economical deep foundation alternative, however, other deep foundation alternatives such as augercast piles, Omega piles (displacement augercast piles), and driven piles are considered feasible. Recommendations for drilled shafts are discussed below. DRILLED SHAFTS Drilled shaft foundations are constructed by drilling a shaft of specified minimum diameter to a specified tip elevation. The shafts may be drilled open hole in competent ground or may be drilled using temporary casing or drilling fluid in caving ground or where ground water seepage causes instability of the shaft. Upon completion of the shaft excavation, steel reinforcement is placed in the shaft and the shaft is filled with concrete. Axial Capacity. For preliminary design we recommend that drilled shafts extend through the fill soils and a minimum of 10 feet into the competent glacial soils. For calculation of end bearing resistance we recommend a preliminary end bearing capacity of 40 ksf for shafts supported on competent glacial till soils. For calculation of side resistance we recommend a preliminary allowable skin friction of 0.5 ksf in fill and 1.25 ksf in glacial till. Vertical downward capacity can be taken as the sum of total skin friction and end bearing. Uplift resistance can be taken as the total skin friction. These allowable end bearing and skin friction values apply to the total dead and long-term live loads and may be increased up to one-third for short-term live loads such as wind or seismic forces. The allowable capacities are based on the strength of the supporting soils for the depths below the existing ground surface and include a factor of safety of three for end bearing and two for shaft friction. The capacities apply to single shafts. If shafts are spaced at least three diameters on center, as recommended, no reduction for group action is needed. If shafts are spaced less than three diameters on center, the capacity should be reduced to 3/4 of the single shaft capacity. GeoEngineers should be contacted to evaluate shafts spaced closer than two diameters on center. The structural characteristics of shaft materials and structural connections may impose limitations on shaft capacity and should be evaluated by the structural engineer. No capacity reduction is required for eccentrically loaded shafts, provided that the shaft is structurally designed to support the eccentric load. Shafts of varying lengths will be suitable for support of single structural elements, provided that each shaft has adequate allowable capacity. Lateral Capacity. Lateral loads can be resisted by passive soil pressure on the vertical shafts and the pile cap. Base friction along the bottom of the pile cap should not be included in calculations of lateral capacity. Lateral resistance of the drilled shaft should be evaluated during final design, when the building location and finished floor elevation have been established. Shafts spaced closer than eight shaft diameters apart will experience group effects that will result in a lower Page 16 December 19, 2012 GeoEngineers, Inc. File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington lateral load for trailing shafts with respect to leading shafts for an equivalent deflection. We recommend that the lateral load for trailing shafts spaced three shaft diameters apart be reduced by 60 percent. Reductions of the lateral load for trailing shafts at spacings greater than three shaft diameters but less than eight shaft diameters apart may be linearly interpolated. Passive resistance on the pile cap can be estimated in accordance with the Lateral Resistance discussion in the Shallow Foundations section of this report. Pile cap deflections less than 1/2-inch will not fully mobilize the passive resistance in the soil and should be further evaluated by GeoEngineers. Settlement. We estimate that the post -construction settlement of drilled shaft foundations, designed and installed as recommended, will be on the order of 1 inch or less. Differential settlement is anticipated to be less than about one-half the post -construction settlement. Most of this settlement will occur rapidly as loads are applied. Construction Considerations. Temporary casing or drilling fluid may be required to install the drilled shafts where: Existing fill soils cave or slough during excavation; ® Cleaner portions of the native soils are encountered that do not have adequate cementation or cohesion to prevent caving or raveling; and/or, m Where perched groundwater is present. Cobbles and boulders typically exist within the glacial till soils, and the contractor should be prepared to deal with them. We recommend that procedures be identified in the project specifications for measurement and payment of work associated with obstructions. Slab -on -Grade Floors Subgrade Preparation We recommend that concrete slab -on -grade floors be constructed on a gravel layer to provide uniform support and drainage, and to act as a capillary break. We expect that slab -on -grade floors can be supported on the native glacial till soils, properly compacted structural fill extending down to these materials, or on improved ground. Prior to placing the gravel layer, the exposed subgrade should be recompacted to 95 percent of the MDD and evaluated by proof -rolling with heavy, rubber -tired construction equipment during dry weather and if access for this equipment is practical. Probing should be used to evaluate the subgrade during periods of wet weather or if access is not feasible for construction equipment. The exposed soil should be firm and unyielding, and without significant groundwater. Disturbed areas should be recompacted if possible or removed and replaced with compacted structural fill. Design Parameters We recommend that the slab -on -grade floors be underlain by a 6-inch-thick capillary break consisting of material meeting the requirements of Mineral Aggregate Type 22 (Seattle Standard Specifications Section 9-03.16). For slabs designed as a beam on an elastic foundation, a preliminary modulus of subgrade reaction of 150 to 250 pounds per cubic inch (pci) may be used for subgrade soils prepared as recommended, depending on the finished floor elevation and the GEoENGINEERs� December 19, 2012 Page 17 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington selected slab support alternative. Provided that loose soil is removed and the subgrade is prepared as recommended, we estimate that slabs -on -grade will not settle appreciably. Below -Slab Drainage For preliminary design purposes, where the finish floor elevation is located below surrounding site grades, below grade drainage should be provided below slabs -on -grade. Where the finish floor elevation is located above surrounding site grades, no below slab drainage is anticipated to be required; however, foundation drainage for perimeter foundations should be provided as recommended in Foundation Drains, above. We expect the static groundwater level to be located below the slab -on -grade level for the proposed building, and perched groundwater may be present above the slab subgrade elevation, depending on the finished floor elevation. Where an underslab drainage system is required, we recommend that an interior perimeter drain and one longitudinal drain be constructed. The location of the longitudinal drain will depend on the foundation and below grade structure design and may need to be modified —the civil engineer should develop a conceptual foundation drainage plan for GeoEngineers to review. The drains should consist of perforated Schedule 40 polyvinyl chloride (PVC) pipes with a minimum diameter of 4 inches placed in a trench at least 12 inches deep. The top of the underslab drainage system trenches should coincide with the base of the capillary break layer. The underslab drainage system pipes should have adequate slope to allow positive drainage to the sump/gravity drain. The drainage pipe should be perforated. Perforated pipe should have two rows of 1/2-inch holes spaced 120 degrees apart and at 4 inches on center. The underslab drainage system trenches should be backfilled with material meeting the gradation requirements described in the Structural Fill section of this report. The drainage material should be wrapped with a geotextile filter fabric meeting the requirements of construction geotextile for underground drainage, Washington State Department of Transportation (WSDOT) Standard Specification 9-33. The underslab drainage system pipes should be connected to a header pipe and routed to a sump or gravity drain. Appropriate cleanouts for drainpipe maintenance should be installed. A larger diameter pipe will allow for easier maintenance of drainage systems. We estimate that the flow rate for water collected in the below -slab drainage system and below grade wall drainage systems is anticipated to be less than 5 gallons per minute, depending on the finished floor elevation. If no special waterproofing measures are taken, leaks and/or seepage may occur in localized areas of the below -grade portion of the building, even if the recommended wall drainage and below -slab drainage provisions are constructed. If leaks or seepage is undesirable, below -grade waterproofing should be specified. A vapor barrier should be used below slab -on -grade floors located in occupied portions of the building. Specification of the vapor barrier requires consideration of the performance expectations of the occupied space, the type of flooring planned and other factors, and is typically completed by other members of the project team. L The following recommendations should be used for the design of below -grade walls that are intended to act as retaining walls and for other retaining structures that are used to achieve grade changes. Page 18 December 19, 2012 GeoEngineers, Inc. File No, 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Permanent Subsurface Walls Permanent below -grade walls should be designed for the same earth pressures (including surcharge pressures where applicable) as the adjacent temporary walls, and should also include a seismic load acting over the height of the wall equal to 7H psf, where H is the height of the wall in feet. Other surcharge loads, such as from foundations, construction equipment or construction staging areas, should be considered on a case -by -case basis. We can provide the lateral pressures from these surcharge loads as the design progresses. The soil pressures recommended above assume that wall drains will be installed to prevent the buildup of hydrostatic pressure behind the walls, as described in the Excavation Support section of this report, and tied to permanent drains to remove water to suitable discharge points. Site Retaining Walls We understand that the design team is considering replacing the existing cast -in -place retaining wall located on the southern and western perimeter of the site. A variety of wall types are available as replacement options. We understand that the design team is currently considering the options of mechanically stabilized earth (MSE) walls and/or a series of tiered cast -in -place concrete retaining walls. Preliminary recommendations for MSE walls and cast -in -place retaining walls are provided below. GeoEngineers will assess specific considerations for site retaining walls during final design, as appropriate. MECHANICALLY STABALIZED EARTH (MSE) WALLS MSE walls can be used to retain fills across the site. An MSE wall is a retention system that incorporates reinforcing materials such as metal strips, or geosynthetic soil reinforcement materials such as geogrids that are attached to wall facing elements and embedded in granular fill behind the wall elements. The reinforcing material interacts with compacted granular fill material behind the wall to provide resistance to horizontal loads by creating a gravity structure. MSE walls can be constructed with concave and convex face curves. A variety of architectural finishes are available for the wall facing elements (e.g. Keystone, Lock -block, Ultra -block, Tenswall, Allen Block, etc). Some wall systems allow for the use of geotextiles/geogrids, which may not attach directly to the facing elements. For preliminary design purposes, the length of the reinforcing materials is typically 70 to 90 percent of the wall height. The length generally depends on the soil type used for backfill, backslope conditions, competency of the foundation soils, and seismic parameters. MSE walls can be used in cut (less economical) or fill (more economical) areas where existing structures or right- of-way constraints do not preclude accomplishing an open cut excavation for construction. Construction of these walls will require a reinforced backfill zone at least equal to the reinforcement length. CONVENTIONAL CAST -IN -PLACE WALLS Conventional cast -in -place retaining walls may be utilized as retaining structures across the site. The lateral soil pressures acting on conventional cast -in -place subsurface walls will depend on the nature, density and configuration of the soil behind the wall and the amount of lateral wall movement that can occur as backfill is placed. GEoENGINEER� December 19, 2012 Page 19 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington For walls that are free to yield at the top at least 0.1 percent of the height of the wall, soil pressures will be less than if movement is limited by such factors as wall stiffness or bracing. Assuming that the walls are backfilled and drainage is provided as outlined in the following paragraphs, we recommend that yielding walls supporting horizontal backfill be designed using an equivalent fluid density of 35 pcf (triangular distribution), and that non -yielding walls supporting horizontal backfill be designed using an equivalent fluid density of 55 pcf (triangular distribution). For seismic loading conditions, a rectangular earth pressure equal to 7H pounds per square foot (psf), should be added to the active/at-rest pressures. Other surcharge loading should be applied as appropriate. Lateral resistance for conventional cast -in -place walls can be provided by frictional resistance along the base of the wall and passive resistance in front of the wall in accordance with the Lateral Resistance discussion in the Shallow Foundations section of this report. The above soil pressures assume that wall drains will be installed to prevent the buildup of hydrostatic pressure behind the walls, as discussed in the paragraphs below. Drainage Drainage behind the permanent below -grade walls is typically provided using prefabricated drainage board attached to the temporary shoring walls. Weep pipes that extend through the permanent below -grade wall should be installed around the perimeter of the building at the footing elevation. The weep pipes should have a minimum diameter of 2 inches. The weep pipes should be connected to perimeter footing drains, which are in turn connected to the underslab drainage system and a sump. The earth pressures presented in Figure 3 assume that adequate drainage is provided behind the wall. Prefabricated geocomposite drainage material, such as MiraDrain 6OOOTM, should be installed vertically to the face of the lagging. For soldier pile shoring walls, the drainage material should be installed on the excavation side of the lagging with the fabric adjacent to the lagging. Full wall face coverage is preferable for minimizing seepage and/or wet areas at the face of the permanent wall. Full wall face coverage should extend from the weep pipe elevation up to about three to five feet below the top of the wall to reduce the potential for surface water to enter the wall drainage system. Although the use of full wall face coverage will reduce the likelihood of seepage and/or wet areas at the face of the permanent wall, there is still a potential for these conditions to occur. If this is a concern, waterproofing should be specified. Positive drainage should be provided behind cast -in -place retaining walls by placing a minimum 2-foot-wide zone of gravel. A perforated drainpipe should be placed near the base of the retaining wall and surrounded by a minimum of 6 inches of gravel to provide positive drainage. Gradation recommendations for wall drainage material and gravel surrounding the drainpipe are described in the Structural Fill section of this report. The gravel surrounding the drainpipe should be wrapped with a geotextile filter fabric meeting the requirements of construction geotextile for underground drainage, WSDOT Standard Specification 9-33. The wall drainpipe should be connected to a header pipe and routed to a sump or gravity drain. Appropriate cleanouts for drainpipe maintenance should be installed. A larger -diameter pipe will allow for easier maintenance of drainage systems. Page 20 December 19, 2012 GeoEngineers, Inc. Fle No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington The on -site soils contain significant fines (material passing the U.S. standard No. 200 sieve) and will be highly moisture -sensitive and susceptible to disturbance, especially when wet. Ideally, earthwork should be undertaken during extended periods of dry weather when the surficial soils will be less susceptible to disturbance and provide better support for construction equipment. Dry weather construction will help reduce earthwork costs and increase the potential for reusing the native soils as structural fill. Trafficability on the site is not expected to be difficult during dry weather conditions. However, the native soils will be susceptible to disturbance from construction equipment during wet weather conditions, and pumping and rutting of the exposed soils under equipment loads may occur. Clearing and Site Preparation Construction of the proposed Performing Arts Center building will require demolition of the existing retail building, parking area, sidewalks and other appurtenant structures. Concrete and asphalt may be recycled and reused as structural fill; otherwise, it should be removed from the site along with other construction debris. Existing utilities should be removed from the building footprint and rerouted if needed. Existing utility trench backfill under the building footprint should be removed and replaced with structural fill. Areas to be developed or graded should be cleared of surface and subsurface deleterious matter including any debris, shrubs, trees and associated stumps and roots. Graded areas should be stripped of organic soils. The organic soils can be stockpiled and used later for landscaping purposes or may be spread over disturbed areas after completion of grading. If spread out, the organic strippings should be in a layer less that 1 foot thick, should not be placed on slopes greater than 3H:1V and should be track -rolled to a uniformly compacted condition. Materials that cannot be used for landscaping or protection of disturbed areas should be removed from the project site. Existing fill should be completely removed from below planned building foundations. The quantity and extent of the required excavations depends on the planned foundation elevations. If the building is constructed at grade, we anticipate that removal of existing fill will require excavations ranging in depths from about zero to seven feet. We anticipate that existing fill will be removed from below foundations if a below -grade level is planned. Subgrade Preparation Prior to placing new fills, pavement base course materials or gravel below on -grade floor slabs, subgrade areas should be proof -rolled to locate any soft or pumping soils. Prior to proof -rolling, unsuitable soils should be removed at the direction of GeoEngineers. Proof -rolling can be completed using heavy tire -mounted equipment such as a loaded dump truck. During wet weather, the exposed subgrade areas should be probed to determine the extent of soft soils. If soft or pumping soils are observed, they should be removed and replaced with structural fill. GEOENGINEERS� December 19, 2012 Page 21 File No, 2207-016-00 Proposed Performing Arts Center Federal Way, Washington If deep pockets of soft or pumping soils are encountered outside the building area, it may be possible to limit the depth of overexcavation by placing a non -woven geotextile fabric such as Mirafi 5OOX (or similar material) on the overexcavated subgrade prior to placing structural fill. The geotextile will provide additional support by bridging over the soft material and will help reduce fines contamination into the structural fill. This may be performed under pavement and building floor slab areas depending on actual conditions observed during construction, but it should not occur under future building foundations. After completing the proof -rolling, the subgrade areas should be recompacted to a firm and unyielding condition, if possible. We recommend that subgrade areas be recompacted to at least 95 percent of the MDD in general accordance with the ASTM D 1557 test procedure. If construction occurs during the wet weather months, generally October through May, routing of equipment on the subgrade soils will be difficult and the subgrade will likely become disturbed and softened. In addition, a significant amount of mud can be produced. Therefore, to protect the subgrade soils and to provide an adequate working surface for the contractor's equipment and labor, consideration should be given to placement of a working pad layer over the exposed subgrade soils. The working pad layer thickness and material should be the contractor's choice, but typically is about 12 inches thick consisting of clean granular materials. A geotextile separator, such as Mirafi 16ON, may also be placed on the subgrade prior to placing the working pad layer to prevent fines from pumping up into the material under equipment loads. Structural Fill MATERIALS We recommend that either the 2012 WSDOT Standard Specifications (Sections 9-03) or the 2011 City of Seattle Standard Specifications (Section 9-03.16), or equivalent be used to specify structural fill materials. Fill placed to support structures, placed behind retaining structures, and placed below pavements and sidewalks will need to be specified as structural fill as described below. III Structural fill placed beneath building foundations designed for no more than 6 ksf allowable bearing pressure and to support floor slabs should consist of imported WSDOT Gravel Borrow (Section 9-03.14(1)) or Seattle Bank Run Gravel (Mineral Aggregate Type 17), with the additional restriction that the fines content be limited to no more than 5 percent. Lean concrete/controlled density fill (CDF) or structural concrete should be used if fill is necessary below foundations designed for 8 ksf allowable bearing pressure, unless approved otherwise by GeoEngineers. Lean concrete/CDF should have a minimum compressive strength of 200 psi. Structural fill placed as capillary break material and around perimeter footing and wall drains should meet the requirements of Seattle 3/4-inch Crushed Gravel (Mineral Aggregate Type 22). m Structural fill placed immediately outside below -grade walls, retaining walls (drainage zone), or for below -slab drainage should consist of WSDOT Gravel Backfill for Walls (Section 9-03.12(2)) or Seattle 1-inch Washed Gravel or 3/4-inch Crushed Gravel (Mineral Aggregate Type 5 or Type 22). Page 22 December 19, 2012 GeoEngineers, Inc. File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington w Structural fill placed behind retaining walls should meet the requirements of WSDOT Gravel Borrow (Section 9-03.14(1)) or Seattle Bank Run Gravel (Mineral Aggregate Type 17). Structural fill placed to construct embankment and parking areas and to backfill utility trenches should consist of WSDOT Common Borrow (Section 9-03.14(3) or Seattle Backfill Embankment (Mineral Aggregate Type 10 or Type 15). If structural fill is placed during wet weather, WSDOT Gravel Borrow (Section 9-03.14(1)) or Seattle Bank Run Gravel (Mineral Aggregate Type 17), with the additional restrictions that the fines content be limited to no more than 5 percent. a Structural fill placed as crushed surfacing base course below pavements and sidewalks should meet the requirements of WSDOT Crushed Surfacing (Section 9-03.9(3)) or Seattle Top Course or Base Course (Mineral Aggregate Type 1 or Type 2). ON -SITE SOILS The on -site soils are moisture -sensitive and generally have natural moisture contents higher than the anticipated optimum moisture content for compaction. As a result, the on -site soils will likely require moisture conditioning in order to meet the required compaction criteria during dry weather conditions and will not be suitable for reuse during wet weather. The fill and glacially consolidated soils that meet the requirements for common borrow are expected to be suitable for structural fill in areas requiring compaction to at least 95 percent of MDD estimated in general accordance with ASTM D 1557, provided the work is completed during the normally dry season (June through September) and that the soil can be properly moisture - conditioned. It may be necessary to import sand and gravel with a low fines content to achieve adequate compaction for support of pavement areas and floor slabs for wet weather construction. Imported structural fill as described above should be planned under all building floor slabs and foundation elements and if construction occurs during wet weather. The use of existing fill and glacially consolidated soils that meet the requirements for common borrow as structural fill during wet weather should be planned only for areas requiring compaction to 90 percent of MDD or less, as long as the soils are properly protected from wet weather and not placed during periods of precipitation. The contractor should plan to cover and maintain all fill stockpiles with plastic sheeting if it will be used as structural fill. The reuse of on -site soils is highly dependent on the skill of the contractor and schedule, and we will work with the design team and contractor to maximize the reuse of on -site till soils during the wet and dry seasons. RECYCLED MATERIAL Existing asphalt pavement and portland cement concrete (PCC) rubble may be reused as structural fill if properly crushed during demolition. Recycled asphalt pavement, PCC rubble and base course materials may be reused as structural fill throughout the project. For use as general structural fill across the site, the asphalt and concrete rubble should be crushed or otherwise ground up and should meet the gradation requirements for structural fill described above. Recycled glass may also be used as structural fill in areas outside the building footprint. We recommend that recycled material meet the requirements described in Section 9-03.21(4) of the 2012 WSDOT Standard Specifications. GEoENGINEERS� December 19, 2012 Page 23 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington FILL PLACEMENT AND COMPACTION CRITERIA Structural fill should be mechanically compacted to a firm, non -yielding condition. Structural fill should be placed in loose lifts not exceeding 1 foot in thickness. Each lift should be conditioned to the proper moisture content and compacted to the specified density before placing subsequent lifts. Structural fill should be compacted to the following criteria: III Structural fill placed in building areas (around and below foundations or below slab -on -grade floors) and in pavement and sidewalk areas should be compacted to at least 95 percent of the maximum dry density (MDD) estimated in general accordance with ASTM International (ASTM) D 1557. m Structural fill placed behind below -grade walls should be compacted to between 90 to 92 percent of the MDD estimated in general accordance with ASTM D 1557. Care should be taken when compacting fill near the face of below -grade walls to avoid over -compaction and hence overstressing the walls. Hand -operated compactors should be used within 5 feet behind the wall. Wall backfill placed within the building footprint should be compacted to between 90 to 92 percent of the MDD within 5 feet of the walls and to at least 95 percent of the MDD beyond 5 feet of the walls. The contractor should keep all heavy construction equipment away from the top of retaining walls a distance equal to 1/2 the height of the wall, or at least 5 feet, whichever is greater. III Structural fill in new pavement and hardscape areas, including utility trench backfill, should be compacted to at least 90 percent of the MDD estimated in accordance with ASTM D 1557 except for the upper 2 feet of fill below final subgrade should be compacted to at least 95 percent of the MDD. ® Structural fill placed as crushed surfacing base course below pavements should be compacted to 95 percent of the MDD estimated in general accordance with ASTM D 1557. Non-structural fill, such as fill placed in landscape areas, should be compacted to at least 85 percent of the MDD estimated in general accordance with ASTM D 1557. In areas intended for future development, a higher degree of compaction should be considered to reduce the settlement potential of the fill soils. We recommend that GeoEngineers be present during probing of the exposed subgrade soils in building and pavement areas, and during placement of structural fill. We will evaluate the adequacy of the subgrade soils and identify areas needing further work, perform in -place moisture -density tests in the fill to verify compliance with the compaction specifications, and advise on any modifications to the procedures that may be appropriate for the prevailing conditions. WEATHER CONSIDERATIONS During wet weather, some of the exposed soils could become muddy and unstable. If so affected, we recommend that: m The ground surface in and around the work area should be sloped so that surface water is directed to a sump or discharge location. The ground surface should be graded such that areas of ponded water do not develop. m Slopes with exposed soils should be covered with plastic sheeting or similar means. Page 24 December 19, 2012 GeoEngineers, inc. He No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington The site soils should not be left uncompacted and exposed to moisture. Sealing the surFicial soils by rolling with a smooth -drum roller prior to periods of precipitation will reduce the extent to which these soils become wet or unstable. Construction activities should be scheduled so that the length of time that soils are left exposed to moisture is reduced to the extent practicable. Permanent Cut and Fill Slopes We recommend that permanent cut and fill slopes be constructed at inclinations of 2H:1V or flatter, and be blended into existing slopes with smooth transitions. Permanent fill slopes constructed in materials compacted to 85 percent of the MDD estimated in general accordance with ASTM D 1557 should be no steeper than 3H:1V. To achieve uniform compaction, we recommend that fill slopes be overbuilt slightly and subsequently cut back to expose well - compacted fill. To reduce erosion, newly constructed slopes should be planted or hydroseeded shortly after completion of grading. Until the vegetation is established, some sloughing and raveling of the slopes should be expected. This may necessitate localized repairs and reseeding. Temporary covering, such as clear heavy plastic sheeting, jute fabric or erosion control blankets (such as American Excelsior Curlex 1 or North American Green S150) could be used to protect the slopes during periods of rainfall. Utility Trenches Trench excavation, pipe bedding and trench backfilling should be completed using the general procedures described in the 2012 WSDOT Standard Specifications or other suitable procedures specified by the project civil engineer. The native glacial soils and fill soils encountered at the site are generally of low corrosivity, based on our experience in the Puget Sound area. Utility trench backfill should consist of structural fill and should be placed in lifts of 12 inches or less (loose thickness) such that adequate compaction can be achieved throughout the lift. Each lift must be compacted prior to placing the subsequent lift. Prior to compaction, the backfill should be moisture -conditioned to within 3 percent of the optimum moisture content, if necessary. The backfill should be compacted in accordance with the criteria discussed above. Sediment and Erosion Control In our opinion, the erosion potential of the on -site soils is low to moderate. Construction activities including stripping and grading will expose soils to the erosion effects of wind and water. The amount and potential impacts of erosion are partly related to the time of year that construction actually occurs. Wet weather construction will increase the amount and extent of erosion and potential sedimentation. Erosion and sedimentation control measures may be implemented by using a combination of interceptor swales, straw bale barriers, silt fences and straw mulch for temporary erosion protection of exposed soils. Disturbed areas should be finish graded and seeded as soon as practicable to reduce the risk of erosion. Erosion and sedimentation control measures should be installed and maintained in accordance with the requirements of the City of Federal Way. GEOENGINEERS� December 19, 2012 Page 25 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Pavement Recommendations Subgradc Preparation We recommend that the subgrade soils in new pavement areas be prepared and evaluated as described in the "Earthwork" section of this report. In cut areas in native soils, we recommend that the upper 12 inches of the existing site soils be compacted to at least 95 percent of the MDD estimated in general accordance with ASTM D 1557 prior to placing pavement section materials. If the subgrade soils are loose or soft, it may be necessary to excavate the soils and replace them with structural fill, gravel borrow or gravel base material. Based on our explorations, most of the pavement subgrade soils are expected to consist of medium dense to very dense silty sand with gravel and occasional cobbles. Pavement subgrade conditions should be observed and proof -rolled during construction to evaluate the presence of unsuitable subgrade soils and the need for overexcavation and placement of a geotextile fabric. New Hot Mix Asphalt (HMA) Pavement In light -duty pavement areas (for example, automobile parking), we recommend a pavement section consisting of at least a 2-inch-thick layer of 1/2-inch HMA (PG 58-22) per Sections 5-04 and 9-03, over a 4-inch-thick layer of densely compacted crushed rock base course. In heavy-duty pavement areas (for example, truck traffic areas, materials delivery) around the building, we recommend a pavement section consisting of at least a 3-inch-thick layer of 1/2-inch HMA (PG 58-22) over a 6-inch-thick layer of densely compacted crushed rock base course. The base course should meet the gradation requirements described in the Materials section of this report and be compacted to at least 95 percent of the MDD estimated in general accordance with ASTM D 1557. We recommend that a proof -roll of the compacted base course be observed by a representative from our firm prior to paving. Soft or yielding areas observed during proof -rolling may require overexcavation and replacement with compacted structural fill. The pavement sections recommended above are based on our experience. Thicker asphalt sections may be needed based on the actual traffic data and intended use. Portland Cement Concrete Pavement PCC sections should be considered for loading dock aprons, trash dumpster areas and where other concentrated heavy loads may occur. We recommend that these pavements consist of at least 6 inches of PCC over 6 inches of densely compacted crushed surfacing base course. A thicker concrete section may be needed based on the actual traffic data. If the concrete pavement will have doweled joints, we recommend that the concrete thickness be increased by an amount equal to the diameter of the dowels. The base course should be compacted to at least 95 percent MDD estimated in general accordance with ASTM D 1557. We recommend that PCC pavements incorporate construction joints and/or crack control joints that are spaced maximum distances of 12 feet apart, center -to -center, in both the longitudinal and transverse directions. Crack control joints may be created by placing an insert or groove into the fresh concrete surface during finishing, or by sawcutting the concrete after its initial setup. We recommend that the depth of the crack control joints be approximately 1/4 the thickness of the concrete, or about 11/2 inches deep for the recommended concrete thickness of 6 inches. We also Page 26 December 19, 2012 GeoEngineers, lnc. File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington recommend that the crack control joints be sealed with an appropriate sealant to help restrict water infiltration into the joints. Asphalt -Treated Base Because pavements may be constructed during the wet seasons, consideration may be given to covering the areas to be paved with asphalt -treated base (ATB) for protection. Light -duty pavement areas should be surfaced with 3 inches of ATB, and heavy-duty pavement areas should be surfaced with 6 inches of ATB. Prior to placement of the final pavement sections, we recommend that areas of ATB pavement failure be removed and the subgrade repaired. If ATB is used and is serviceable when final pavements are constructed, the crushed surfacing base course can be eliminated, and the design PCC or asphalt concrete pavement thickness can be placed directly over the ATB. Drainage Considerations We anticipate that shallow groundwater seepage may enter deep excavations depending on the time of year construction takes place, especially in the winter months. However, we expect that this seepage water can be handled by digging interceptor trenches in the excavations and pumping from sumps. If not intercepted and removed from the excavations, the seepage water will make it difficult to place and compact structural fill and may destabilize cut slopes. All paved and landscaped areas should be graded so that surface drainage is directed away from the building to appropriate catch basins. Roof downspouts should not discharge into the perforated pipes intended for providing wall drainage. Water collected in roof downspout lines must not be routed to the footing or wall drain lines. Recommended Additional Oeotechnical Services GeoEngineers should complete a design -level geotechnical engineering evaluation for the project, which is anticipated to confirm or modify as appropriate the preliminary design recommendations presented in this preliminary geotechnical report. GeoEngineers should also be retained to review the project plans and specifications when complete to confirm that our design recommendations have been implemented as intended. During construction, GeoEngineers should observe the installation of the shoring system, review/collect shoring monitoring data, evaluate the suitability of the foundation subgrades, observe installation of subsurface drainage measures, evaluate structural backfill, observe the condition of temporary cut slopes, and provide a summary letter of our construction observation services. The purposes of GeoEngineers construction phase services are to confirm that the subsurface conditions are consistent with those observed in the explorations and other reasons described in Appendix D, Report Limitations and Guidelines for Use. LIMITATIONS We have prepared this report for the exclusive use of Mortenson Construction, the City of Federal Way, and their authorized agents for the Proposed Performing Arts Center project in Federal Way, Washington. GEoENGINEER� December 19, 2012 Page 27 File No, 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Within the limitations of scope, schedule and budget, our services have been executed in accordance with generally accepted practices in the field of geotechnical engineering in this area at the time this report was prepared. No warranty or other conditions, express or implied, should be understood. Any electronic form, facsimile or hard copy of the original document (email, text, table and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Please refer to Appendix D titled "Report Limitations and Guidelines for Use" for additional information pertaining to use of this report. REFERENCES City of Seattle, 2011, "Standard Specifications for Road, Bridge and Municipal Construction." International Code Council, 2009, "International Building Code." U.S. Department of Transportation, Federal Highways Administration, 1999, "Geotechnical Engineering Circular No. 4, Ground Anchors and Anchored Systems," FHWA Report No. FHWA-IF-99-015. U.S. Geological Survey - National Seismic hazard Mapping project Software "Earthquake Ground Motion Parameters, Version 5.1.0 - 02/10/2011," 2002 data. Washington State Department of Transportation, 2012, "Standard Specifications for Road, Bridge and Municipal Construction." Page 28 December 19, 2012 GeoEngineers, Inc. ReNa. 2207-016-00 S 2947h Pl T9r �S S 296Th Pi Q\ ,509 S 296Th St- �S.��agyp.S 297Th PI S 298Th StNca(awea N N [7 0 a � S 300Th St g$ 1P y r I 2 S 3p1S! St I N L S 302Nd St {N7dwood Park S 301St St ¢ H S 302Nd St S 303Rd St, t m a>¢> rn rq U) > G L L• J S 304Th St S 304Th Stg �— `-� N v N N N N uJ LO H ui S 305Th St w + N a ¢ 1 8'305Th Pl t � Q a Q oa c > m rn v < 9 ¢ Steel Lake N N S 3p8Th Si 'n ' •I S 308Th St , F Q> m m L 9Sh h St sI Q I > g0m a N m S' S 310Th PI I IE 310Th St a a S o a U 1 Epp z F m I] U s. Al N N N S 312Th St �._ -•-• - w �+ > I Steel Lake Park N rn ¢m a S 313Th St S 314Th St Mn 61 > F d d NOf Q t Q Q_ r m Mirror Lake Park > a' S 3187h PI S 315Th PI t S 316Th St $ 31TTh PI m S 31$Th p1 S 3 Site 4 S 31Trh St m S 318Th PI S 319T `J h PI f S•320Th St• �• y 5 Q' > 53215tS! 532i51•PI y ¢ d I �+ R m W j1 a v IE S 325Th St S 324. St a irk y_-a a .a 3 S 325Th St D 3s Herron Way71 m a Q" g S3xeib•5ti �4c `' s 32TTn St Ory�r,�c K'ayCi a `e �Ci ,� ,S _S 32BTh P! 101 5 Celebratlorr Park '_ - S 330Th StCO la S1m jPanther Lake Pat* � > S 332Nd St 3 > N 3� c > isJ 9 yti • a L 0 �S fJ 92 U)o 0 �`� 4dy se 0 tr -_ �-��---��-`S336Th•Sl•--•-.._ LL U) C7 0 ti 0 N K�0 _ 7trmsfw� mEL Notes: 1. The locations of all features shown are approximate 2. This drawing is for information purposes. It is intended to assist in showing features discussed in an attached document. GeoEngineers. Inc. cannot guarantee the accuracy and content of electronic files. The master -0 file is stored by GeoEngineers, Inc. and will serve as the official record of C this communication. 3. It is unlawful to copy or reproduce all or any part thereof, whether for personal use or resale, without permission. Of Data Sources: ESRI Data & Maps, Street Maps 2005 ui c) Transverse Mercator, Zone 10 N North, North American Datum 1983 North arrow oriented to grid north - S 293Rd St N Q�co � r zw C,8melot Q� a a roar ~o S 298Th St S 299Th St • •• � S 300Th PI � P V t Q Z m S 302Nd PI ¢ Co v w m S 302Nd PI S 304Th St A n Tr Pt= q � > s a Lake Dolloff v S 312Th St S 312Th'P! n N Q z O� ua N S 321SI St l h � S 322Nd Stm E L Q, m a' Co a k N 1 v S 328Th St m d North La" U g .�� - cn-400 N WE S 2,000 0 2,000 Feet Vicinity Map Proposed Performing Arts Center Federal Way, Washington GEoENGINEERS Figure 1 3 i 30' �-" r-/ ;.[� G � • � ff L�lJ L.fJ t�1 +�i EASEMENT #1A i i FOUND 5/81" _ ' r--8-6 MENT #6 INGRESS, EGRESS i i REBAR W/CAP NON-EXCLUSIVE EASEMENT PER EXHIBIT X. , , TRAFFIC SIGNAL SEE SPECIAL NOTE #1. I (UNREADABLE) EASEMENT PER PERPETUAL EASEMENT �� B-7. /';, . - -REC N0. PER REC N0. ILd _ 861219598 VIC 812240445 a & 4" VERTICAL PVC STUBS I � 30' i 30' FEDERAL WAY WATER & ' SEWER DISTRICT 10' SEWER EASEMENT PER REC NO. 8903130453 i ; ---- ---------- -------,-1-------- ----_ _ _--- --- -------__--------- s -- ---------------------------- I I I I I , -------'--------------------------------JML----- ------ EASEM -_----- I�(T - FEDERAL WAY WATER & - i SEWER DISTRICT 10' WATER EASEMENT PER REC B'S 8803280350 co co04 Ci 81.39, 011 �oto 43.42' c a 58.57' O �z N CL i N I I Ld M [ j W f 1 to W rO r ; SSW COMMERCIAL BUILDING 00 o f i x' M r� i (1-STY CONC. BLOCK LOCK 3 04 ¢ 00000o STRUCTURE #31510) I 3 z 1 r EtQ CZ 3r U 6' CHAIN FIRE HYDRANT--- w LINK GATE SEE SPECIAL ' I I e o a NOTE #2 TRASH COMPACTOR r i GENERATOR MOTOR � _ J COVERED CONC- 50.55' 92.85' SIGN I ® �P- Lo 50.02' c"v :; :I.^''._{'' PLANTER, TYI I_ - ' ---------------• _ EASEMENT _¢- 4L NOI-E oEASEMENT -# 1 B 25' INGRESS & EGRESS _ ^w � p�ralnlln[r_ war I v -89'38'28' =35. I ;54.76 '/LAN 282.89' SEE SPECIAL SOUTH 31617-1 STREETo AI/lTC 17 _ .- Notes 1. The locations of all features shown are approximate. 2. This drawing is for information purposes. It is intended to assist in showing features discussed in an attached document. GeoEngineers, Inc. cannot guarantee the accuracy and content of electronic files. The master file is stored by GeoEngineers, Inc. and will serve as the official record of this communication. Reference: Survey file PDF provided by Mortenson Construction on 11/13/2012. Legend B-1 =':- Boring by GeoEngineers 60 0 60 FEET Site Plan Proposed Performing Arts Center Federal Way, Washington GWENGINEERS � Figure 2 1J 0 wOf CANTILEVER SOLDIER PILE H Base of Excavation mmI l IF 30 1 2, D 500 1� 30•H 60 500•D _ f psf —'-I psf psf Traffic Net Allowable Active Surcharge Passive Pressure Earth Pressure Pressure SOLDIER PILE WALL WITH ONE LEVEL OF TIEBACKS SOLDIER PILE WALL WITH MULTIPLE LEVELS OF TIEBACKS Ground Surface Ground Surface + 3H, 0.2H Hi Thl , 60° Base of Excavation 60� 3 Base of Excavation ;� { 0.2H 500 500 D 1 � H/4 P=30•H 60 D l1 � r 500•D 1-1/4 P=21 •H 60 l 500•D I psf psf psf psf psf psf Net Allowable Apparent pp Traffic Surcharge Net Allowable Apparent Traffic pp Surcharge Passive Pressure Earth Pressure Passive Pressure Earth Pressure Pressure Pressu re Notes: 1. Apparent earth pressure and surcharge act over the pile spacing above the base of the excavation. 2. Passive earth pressure acts over 2.5 times the concreted diameter of the soldier pile, or the pile spacing, whichever is less. 3. Passive pressure includes a factor of safety of 1.5 4. Additional surcharge from footings of adjacent buildings should be included in accordance with recommendations provided on Figure 4. 5, This pressure diagram is appropriate for temporary soldier pile and tieback walls. If additional surcharge loading (such as from soil stockpiles, excavators, dumptrucks, cranes, or concrete trucks) is anticipated, GeoEngineers should be consulted to provide revised surcharge pressures. NOT TO SCALE Legend No Load Zone H = Height of Excavation, Feet D = Soldier Pile Embedment Depth, Feet H = Distance From Ground Surface to Uppermost Tieback, Feet Thi = Horizontal Load in Uppermost Ground Anchor P = Maximum Apparent Earth Pressure Pounds per Square Foot Earth Pressure Diagrams Temporary Soldier Pile & Tieback Wall Proposed Performing Arts Center Federal Way, Washington GMENGINEERS� Figure LATERAL EARTH PRESSURE FROM POINT LOAD, Q P (SPREAD FOOTING Z=nH H Al i BASE OF EXCAVATION X= m.H QP A' aH R — L FOR m 5 0.4 QH = 0.28Qpn2 H 2 (0.1 6+n 2) 3 FOR m > 0.4 QH = 1.77QPm2 n2 H2 (m2+n2)3 C�' = UH COS' (1 .16) M Pl(H1 QP) R 0.2 0.78 0.59H 0.4 0.78 0.59H 0.6 0.45 0.48H SECTION A —A' OH J J B QP O �H wl I r 0 ILJIif X= m-H F Pressures from Point Load Q p QP = Point load in pounds QL = Line load in pounds/foot H = Excavation height below footing, feet 6H = Lateral earth pressure from surcharge, psf q = Surcharge pressure in psf 6 = Radians QH' = Distribution of vH in plan view PH = Resultant lateral force acting on wall, pounds R = Distance from base of excavation to resultant lateral force, feet LATERAL EARTH PRESSURE FROM LINE LOAD, QL (CONTINUOUS WALL FOOTING Iff —�� X= m.H �— r Q L R BASE OF EXCAVATION } FOR m 5 0.4 QH = 0.2n•QL H(0.1 6+n2 )2 FOR m > 0.4 6H = 1 .28m2 n-QL H(m2+n2)2 RESULTANT PH = 4.64QL (m2+I) M R 0.1 0.60H 0.3 0.60H 0.5 0.56H 0.7 0.48H Notes: 1. Procedures for estimating surcharge pressures shown above are based on Manual 7.02 Naval Facilities Engineering Command, September 1986 (NAVFAC DM 7.02). 2. Lateral earth pressures from surcharge should be added to earth pressures presented on Figure 3. 3. See report text for where surcharge pressures are appropriate. UNIFORM SURCHARGES, q (FLOOR LOADS, LARGE FOUNDATION ELEMENTS OR TRAFFIC LOADS) (psf) „ 1-(Psf), 0-H = LATERAL SURCHARGE PRESSURE FROM UNIFORM SURCHARGE Recommended Surcharge Pressure Proposed Performing Arts Center Federal Way, Washington GEOENGINEERs Figure 'od __ APPENDIX A Field Explorations 1 t Proposed Way Performing Arts Center Federal Way, Washington APPENDIX A FIELD EXPLORATIONS General Subsurface conditions were explored at the site by drilling seven borings (131 through 137). The borings were completed to depths ranging from about 39 to 411/2 feet below the existing ground surface. The borings were completed by Geologic Drill Exploration Inc. between December 4, 2012 and December 5, 2012. The locations of the explorations were measured by taping in the field. The approximate exploration locations are shown on the Site Plan, Figure 2. Bor1n-"; The borings were completed using a trailer -mounted and a track -mounted, continuous -flight, hollow -stem auger drilling equipment. The borings were continuously monitored by a geotechnical engineer from our firm who examined and classified the soils encountered, obtained representative soil samples, observed groundwater conditions and prepared a detailed log of each boring. The soils encountered in the borings were generally sampled at 21/2- and 5-foot vertical intervals with a 2-inch outside -diameter split -barrel standard penetration test (SPT) sampler. The disturbed samples were obtained by driving the sampler 18 inches into the soil with a 140-pound hammer free -falling 30 inches. The number of blows required for each 6 inches of penetration was recorded. The blow count ("N-value") of the soil was calculated as the number of blows required for the second and third 6-inch intervals. This resistance, or N-value, provides a measure of the relative density of granular soils and the relative consistency of cohesive soils. Where very dense soil conditions precluded driving at least 18 inches, the penetration resistance for the partial penetration was entered on the logs. The blow counts are shown on the boring logs at the respective sample depths. Soils encountered in the borings were visually classified in general accordance with the classification system described in Figure A-1. A key to the boring log symbols is also presented in Figure A-1. The logs of the borings are presented in Figures A-2 to A-8. The boring logs are based on our interpretation of the field and laboratory data and indicate the various types of soils and groundwater conditions encountered. The logs also indicate the depths at which these soils or their characteristics change, although the change may actually be gradual. If the change occurred between samples, it was interpreted. The densities noted on the boring logs are based on the blow count data obtained in the borings and judgment based on the conditions encountered. Observations of groundwater conditions were made during drilling by observing the moisture content of the samples and by measuring the depth of water prior to backfilling the boring. The groundwater conditions encountered during drilling are presented on the boring logs. Groundwater conditions observed during drilling represent a short-term condition and may or may not be representative of the long-term groundwater conditions at the site. Groundwater conditions observed during drilling should be considered approximate. GEoENGINEER� December 19, 2012 Page A-1 File No. 2207-016-00 SOIL CLASSIFICATION CHART ADDITIONAL MATERIAL SYMBOLS IJ MAJOR DIVISIONS SYMBOLS I TYPICAL DESCRIPTIONS GRAPH LETTERI CLEAN a flo o l� Gw WELL -GRADED GRAVELS, GRAVEL -SAND MIXTURES GRAVEL GRAVELS AND GRAVELLY SOILS (LITRE OR NO FINES) o 0 O O > O O GP POORLY -GRADED GRAVELS, GRAVEL -SAND MIXTURES GRAVELS WITH FINES GM SILTY GRAVELS, GRAVEL -SAND -SILT MIXTURES COARSE GRAINED SOILS MORE THAN 50% OFCOARSE FRACTION GC CLAYEY GRAVELS, GRAVEL- SAND - CLAY MIXTURES RETAINED ON NO. 4SIEVE (APPRECIABLEAMOUN7 OF FINES) CLEAN SANDS SW WELL -GRADED SANDS, GRAVELLY SANDS MORE THAN50% RETAINED ON NO 2W SIEVE SAND AND SANDY (LITRE OR NO FINES) SP POORLY -GRADED SANDS, GRAVELLY SAND SOILS SANDS WITH FINES y'M SILTY SANDS, SAND - SILT MIXTURES MORE THAN 50% OF COARSE FRACTION PASSING NO 4 SIEVE (APPRECIABLE AMOUNT' OF FINES) SC Jar CLAYEY SANDS, SAND - CLAY MIXTURES INORGANIC SILTS, ROCK FLOUR, ML CLAYEY SILTS VI TH SLIGHT PLASTICITY INORGANIC CLAYS OF LOW TO FINE GRAINED SILTS AND CLAYS LIQUID LIMIT LESS THAN CL MEDIUM PLASTICITY, GRAVELLY CLAYS, SANDY CLAYS, SILTY CLAYS, LEAN CLAYS OL ORGANIC SILTS AND ORGANIC SILTY CLAYS OF LOW SOILS PLASTICITY I I I I MH INORGANIC SILTS, MICACEOUS OR DIATOMACEOUS SILTY SOILS MORE THAN 50% PASSING NO.200 SIEVE CH INORGANIC CLAYS OF HIGH PLASTICITY SILTS AND LIQUID LIMIT GREATER THAN 50 CLAYS ii� OH ORGANIC CLAYS AND SILTS OF I MEDIUM TO HIGH PLASTICITY HIGHLY ORGANIC SOILS PT PEAT, HUMUS, SWAMP SOILS WITH HIGH ORGANIC CONTENTS NOTE: Multiple symbols are used to indicate borderline or dual soil classifications Sampler Symbol Descriptions In 2.4-inch I.D. split barrel [j Standard Penetration Test (SPT) ■ Shelby tube ® Piston F] Direct -Push ® Bulk or grab Blowcount is recorded for driven samplers as the number of blows required to advance sampler 12 inches (or distance noted). See exploration log for hammer weight and drop. A "P" indicates sampler pushed using the weight of the drill rig. SYMBOLS TYPICAL LETTER DESCRIPTIONS OGRAPH AC Asphalt Concrete CC Cement Concrete CR Crushed Rock/ Quarry Spalls r' Topsoil/ TS Forest Duff/Sod Groundwater Contact Measured groundwater level in _ exploration, well, or piezometer Groundwater observed at time of _ exploration YPerched water observed at time of _ exploration V1 Measured free product in well or _ piezometer Graphic Log Contact Distinct contact between soil strata or geologic units location of soil strata -Approximate change within a geologic soil unit Material Description Contact Distinct contact between soil strata or geologic units Approximate location of soil strata __ _ — change within a geologic soil unit Laboratory / Field Tests %F Percent fines AL Atterberg limits CA Chemical analysis CP Laboratory compaction test CS Consolidation test DS Direct shear HA Hydrometer analysis MC Moisture content MD Moisture content and dry density OC Organic content PM Permeability or hydraulic conductivity PP Pocket penetrometer PPM Parts per million SA Sieve analysis TX Triaxial compression UC Unconfined compression VS Vane shear Sheen Classification NS No Visible Sheen SS Slight Sheen MS Moderate Sheen HS Heavy Sheen NT Not Tested NOTE: The reader must refer to the discussion in the report text and the logs of explorations for a proper understanding of subsurface conditions. Descriptions on the logs apply only at the specific exploration locations and at the time the explorations were made; they are not warranted to be representative of subsurface conditions at other locations or times. KEY TO EXPLORATION LOGS GWENGINEER� FIGUREA-1 i Start End Drilled 12/4/2012 12/4/2012 Total 40 Depth (ft) Logged By EKV Checked By HRP Driller Geologic Drill Drilling Method Hollow -Stem Auger Surface Elevation (ft) Undetermined Hammer Rope & Cathead Drilling Deep Rock XL Vertical Datum Data 140 Ibs) / 30 (in Drop Equipment Easting (X) System Groundwater Northing (Y) Datum Dass_AReaaured Depth to Water ,i aau::n_tr Notes: 12/4/2012 25.0 FIELD DATA v d E E - ms MATERIAL o w o y `° > J DESCRIPTION REMARKS > L a i' 00 0 3 d — E m d cL N m« ' o W ❑ 0 5 w m ci roH m 0 o 0 U 20 oa AC Asphalt concrete pavement 3 inches thick cR Crushed rock base course, 2 inches thick sM Light brown silty fine to medium sand with gravel (medium dense, moist) (fill) 9 12 1 6 5-1 13 30 2 7 %F = 27 15 47 3 6 sM Light grayish brown silty fine to medium sand with gravel and occasional cobbles (very dense, moist) (glacial till) 10 13 84 4 14 28 5 Q 9 Perched water? - Grades to medium dense and wet 15 Increased gravel and cobbles 9 80 6 Grades to very dense and moist 20 i 3 50/6" Grades to light brown 25 1 Groundwater measured before backfilling Lenses offine to medium sand with silt 12 48 6 Grades to wet 8 6 inches of heave 30 10 34 9 Grades to dense 35 Note: See Figure A-1 for explanation of symbols. a Log of Boring B-1 Project: Proposed Performing Arts Center G M E N G I N E E RS Project Location: Federal Way, Washington Figure A-2 Project Number: 2207-016-00 Sheet 1 of FIELD DATA _ d E �, w m `s MATERIAL f REMARKS o _ m o o J DESCRIPTION o L > m u — c t CL m 111 0 of 00 v fn F- C7 00 M U o 8 35 13 55 10 Grades to very dense 40 q❑ a c7 (S F [7 Y� Lf S V E Y 8 a n 4 Ir V IN P Note: See Figure A-1 for explanation of symbols. Log of Boring B-1 (continued) Project: Proposed Performing Arts Center G W E N G I N E E R �3 ,JJ Project Location: Federal Way, Washington Figure A-2 �► Project Number: 2207-016-00 sheet 2 of 2 Start End Drilled 12/5/2012 12/5/2012 I Total 41.5 Depth (ft) Logged By EKV Checked By HRP Driller Geologic Drill Driling Hollow -Stem Auger Method Surface Elevation (ft) Undetermined Hammer Automatic Drilling Diedrich D50 Track -mounted Vertical Datum Data 140 (lbs) / 30 (In) Drop Equipment Groundwater Easting (X) System Northing (Y) Datum Dare Measured Depth to Water ft Notes: 12/5/2012 29.0 FIELD DATA d E - m s MATERIAL REMARKS o w o z 75 DESCRIPTION e L �, U N E C L - A �N � W> c � co U U T U Odw 00 mU Oa AC Asphalt concrete pavement 3 inches thick cR Crushed rock base course 4 inches thick SM Light brown and gray silty Tine to medium sand JA with gravel and occasional organic matter 12 9 + (loose to medium dense, moist) (fill) 6 5-1 11 12 2 6 15 17 3 10 inn Light brawn and gray slily fine to medlum sand 17 50/5" ° with gravel and occasional cobbles (very 6 % F = 31 dense, moist) (glacial till) 15 17 39 5 Grades to dense 20 11 50/5,, 6 Grades to very dense 25 14 64 7 Drill rods wet at 29 feet 30 9 Grades to wet 16 62 Groundwater measured before backfilling 35 Note: See Figure A-1 for explanation of symbols. Log of Boring B-2 Project: Proposed Performing Arts Center CC G M E N G I N E E R S Project Location: Federal Way, Washington Figure A-3 Project Number: 2207-016-00 Sheet 1 of 2 FIELD DATA d w �, E �, o MATERIAL REMARKS o w 2 o a 0 DESCRIPTION ca L N m> N O NN (0 N ay10 22 Ny Oo Zn a) W 0 c w M U In F- �i Ci (7 U 2 U U 35 42 9 Y Inches oease ][-18 Lenses of fine to coarse sand with silt 40 g 37 10 T. Grades to dense Log of Boring B-2 (continued) CC Project: Proposed Performing Arts Center GM G N G I N E E R Project Location: Federal Way, Washington Figure A-3 I Proiect Number: 2207-016-00 1,N et 2 of 2 Start End Drilled 12/4/2002 1214/2012 I Total Depth (ft) 39 Logged By EKV Checked By HRP Driller Geologic Drill Drillin Method Hollow -Stem Auger g Surface Elevation (ft) Undetermined Hammer Rope & Cathead Drilling Deep Rock XL Vertical Datum Data 140 (Ibs) / 30 (in) Drop Equipment Easting (X) System Northing (Y) Datum _Groundwater Date Measured Depth to Water ftElevation (ft) Notes: 12/4/2012 17.0 FIELD DATA v d M E w - MATERIAL s 9 o v DESCRIPTION REMARKS M r N Z N m O u — m • � ca t N a'w O m W 0:' m U U ♦- C7 5U g rj O a 0 AC Asphalt concrete pavement 2Y. inches thick Fill description based on drill cuttings CR Crushed rock base course 4 inches thick SM Light brown silty fine t0 medium sand with gravel [loose, tools[) (fill] 17 54 SA SM G SA (%uF = 31) Light grayish brown silty fine to medium sand with gravel and occasional cobbles (very dense, moist) (glacial till) 5 13 84 5 50/6" 3 115 10 18 76 4 15 Grades to wet 5 Groundwater measured before backfilling 18 68 9 20 18 40 a Grades to dense 25 12 34 7 30 s Grades to gray, very dense 18 82 35 Note: See Figure A-1 for explanation of symbols. Log of Boring B-3 Project: Proposed Performing Arts Center GEO E N G I N E E R S �'f Project Location: Federal Way, Washington Project Number: 2207-016-00 Figure ft Sheet 1 oof 2 FIELD DATA m E E 00 o MATERIAL i REMARKS w o o N z 0 DESCRIPTION e o > v_ a �, o �' m �, d E6 CC o, m :� 2 2 m 0, N Z. n 35 18 47 9 Grades to dense 0 wi x u a ffi 0 c+ x 0 r r7 Z3 z w U O a s w Note: See Figure A-1 for explanation of symbols. Log of Boring B-3 (continued) Project: Proposed Performing Arts Center G M E N G I N E E R� I%� Project Location: Federal Way, Washington �� Figure A-4 Project Number: 2207-016-00 Sheet 2of2 Drilled 12 tart 12%4 2012 Total Depth (ft) 39 Logged By EKV Checked By HRP Driller Geologic Drill I Drilling I Method Hollow -Stem Auger Surface Elevation (ft) Undetermined Hammer Rope & Cathead Drilling Deep Rock XL Vertical Datum Data 140 (lbs) / 30 (in) Drop Equipment Easting (X) System Groundwater Northing (Y) Datum Date Measured Depth to Water(ft) Elevation (ft) Notes: 12/4/2012 30.0 FIELD DATA v d a � E w - m `s MATERIAL o 9 o DESCRIPTION REMARKS d NO U tq 3 V m E C N w L a (0 d'y 7 O N y C N m �C AC Asphalt concrete pavement 4 inches thick Fill description based on drill cuttings CR Crushed rack base course 4 inchest thick SM Light brown silty fine to medium sand with gravel (loose, moist) (fill) SM Light brown silty fine to medium sand with 16.5 72 1 SA 7 SA (%F = 33) gravel and occasional cobbles (very dense, moist) (glacial till) 5-1 16 50/6" 2 6 12 50/5' 3 SD 17 56 4 9 15 a 0 2 h 0 50/6" 5 - 20 n _ Increasing gravel and cobbles �i 6 50/6" 6 w c� x 0 25 u$ `a 5 15 70 7 m 0 30 1 _ Groundwater measured before backfilling z_ 10 50/6" 8 35 a' Note: See Figure A-1 for explanation of symbols. Log of Boring B-4 Project: Proposed Performing Arts Center G M E N G i N E E R Project Location: Federal Way, Washington Figure A-5 Project Number: 2207-016-00 Sheet oft FIELD DATA a w - E �, m s MATERIAL REMARKS w z J DESCRIPTION o .y L a Z a 0 o N E p7 y J U m o m o 0 o 2 W O [0 U (n F U' (D U 35 9 Grades to wet 18 40 1.I l I Project Location: Federal Way, Washington Figure A-5 Project Number: 2207-016-00 sheet2of2 Start End Drilled 1215/2012 12/5/2012 Total 41.5 Depth (ft) Logged By EKV Driller Geolo Ic Drill Checked By HRP g Drilling Method Hollow -Stem Auger Surface Elevation (ft) Undetermined Hammer Automatic Drilling Diedrich D50 Track -mounted Vertical Datum Data 140 (lbs) / 30 (in) Drop Equipment System Groundwater Easting (X) NorthingDepth (1� Datum Date Measured to Water Elevation (ft) Notes: 12/5/2012 23.0 FIELD DATA _ E d E E _ w l m c s MATERIAL o w o �' z a .Z6 DESCRIPTION � REMARKS .� L N Z O O N ul 30 �, i1 - O N m C N N N a IO 1 0 O �� N 0� W 0 of m U V)H (D CD 0 MU 0,a 0 AC Asphalt concrete pavement 2 inches thick CR Fill description based on drill cuttings Crushed rock base course 2 incites thlCk Light brown silty fine to medium sand with gravel SM Nose, moist] (Till) 18 44 1 SA SM 8 = SA 37m ( ) Light brownish gray silty fine to medium sand with gravel and occasional cobbles (dense to very dense, moist) (glacial till) 5-1 16 40 2 10 13 65 8 7 15 18 40 4 Increasing gravel and cobbles _ 20 8 58 5 Less gravel and cobbles Grades to wet Groundwater measured before backfilling 25 14 33 6 30 12 31 7 35 Note: See Figure A-1 for explanation of symbols. a Log of Boring B-5 Project: Proposed Performing Arts Center G Eo E N G I N E E R ■ '� Project Location: Federal Way, Washington Figure A-6 "�� Project Number: 2207-016-00 Sheet 1 of FIELD DATA d E z w — cm`s MATERIAL REMARKS O w .... _ w o o D z m O7 On > J Jca U DESCRIPTION s d y > N w 30 Ct m E In M N O O O Z' U N o8 35 1B 27 incha5. of heave 40 16 43 8 inches of heave x 0 s? �m 0 'a (7 a O r Y N W S N Q Z r U Note: See Figure A-1 for explanation of symbols. n Log of Boring B-5 (continued) G Eo E N G I N E E R S I Project: Proposed Performing Arts Center Project Location: Federal Way, Washington Figure A-6 Project Number: 2207-016-00 Sheet 2 of 2 Start End Total 39 Drilled 12/4/2012 12/4/2012 Depth (ft) Logged By EKV Checked By HRP Driller Geol Ic Drill o9 Drilling Method Hollow -Stem Auger Surface Elevation (ft) Undetermined Hammer Rope & Cathead Drilling Deep Rock XL Vertical Datum Data 140 (lbs) / 30 (in) Drop Equipment Groundwater Easting (X) System Northing (Y) Datum Date Measured Depth to Water ft Elevation (ft) Notes: 12/4/2012 33.0 FIELD DATA d E `° w - m `s MATERIAL °' s y v w DESCRIPTION REMARKS ('p L a °' _ > Z °' fq 3 ° i m F C 2 m L a 2 a'y D N o� u C y� ❑ m w a) o m o CoW l4— Zi C7 (0U o`o g0 �� ❑a 0 AC Asphalt concrete pavement 214 inches thick Fill description based on drill cuttings CR Crushed rock base course 4 inches thick SM Light brown fine to medium silty sand with gravel (medium dense, moist) (fill) SM 5 50/6" 1 8 Light brown silty fine to medium sand with gravel and occasional cobbles (very dense, moist) (glacial till) 5 11 50/5" SA 9 SA (% F = 45) 14 81 3 10 12 50/6" 4 Increasing gravel and cobbles 15 i 1 50/6" 5 20 6 Less gravel and cobbles 13 49 25 18 30 7 30 18 38 8 . Grades to wet 35 Note: See Figure A-1 for explanation of symbols. Log of Boring B-6 Project: Proposed Performing Arts Center G M E N G I N E E RAJ / j/ Project Location: Federal Way, Washington -ter Figure A-7 Project Number: 2207-016-00 Sheet oft FIELD DATA 2 a)- M o `s MATERIAL REMARKS w Z DESCRIPTION o 4 O L O_ _ N U N U E J CL W 0 N lY O m U rn O F- (0 ?i N U' O (0 U` U 0 o i U Z ❑ a 35 1 - Groundwater measured before backfilling 1 67 9 Note: See Figure A-1 for explanation of symbols. Log of Boring B-6 (continued) Project: Proposed Performing Arts Center G EO E N G I N E E R Project Location: Federal Way, Washington Figure A-7 Project Number: 2207-016-00 Sheet 2of2 z a Start End Total 1214/2012 12/4/2012 Depth (ft) 41.5 Logged By EKVTgicDriller Geolo Drill Checked By HRP DrillingDrilled Method Hollow -Stem Auger Surface Elevation (ft) Undetermined Hammer Automatic Drilling Diedrich D50 Track -mounted Vertical Datum Data 140 (lbs) / 30 (in) Drop Equipment Easting (X) System _Groundwater Northing (Y) Datum Depth to P _ Date Measured Water ft Elevation (ft) Notes: 12/5/2012 24.0 FIELD DATA v E °' w m AD MATERIAL o oca co z � _ � DESCRIPTION e REMARKS _ �, a) m � W 0 = D: m U U)H 6 U'U Z>U 0- An Asphalt oonGrete pavement 2 inches thick CR Fill description based on drill cuttings Crushed rock base course 6 Inches thick SM Light brown silty Fine to medium sand with gravel tmedium dense, moist) (fill) _ 14 38 1 SA SM 6 SA (% F = 22) Light grayish brown silty fine to medium sand with gravel and occasional cobbles (very dense, moist) (glacial till) 5 16 77 2 8 18 89 3 to-17 70 4 Increasing gravel and cobbles 15 12 50/5" 5 20 16 42 6 Grades to dense �z "J 25 17 57 7 Grades to very dense, wet Less gravel and cobbles, medium dense 30 16 17 a =J Groundwater measured before backfilling Note: See Figure A-1 for explanation of symbols. Log of Boring B-7 Project: Proposed Performing Arts Center j V M E N G I N E E R r •' Project Location: Federal Way, Washington "�� Figure A-8 Project Number: 2207-016-00 Sheet 1 of 2 FIELD DATA d w 4 a E E m N > rn o MATERIAL D REMARKS o v_ 8 m 0 DESCRIPTION t > d > O U w 30 U d E C y « Co L N a'0) y O (0 d N ❑ O o ZID U W ❑ -' m U w ?i C7 C7U �U 08 35 15 45 Grades to dansa 40 18 33 10 GEOENGINEERS� Log of Boring B-7 (continued) Project: Proposed Performing Arts Center Project Location: Federal Way, Washington Project Number: 2207-016-00 Figure A-8 Sheet 2 of 2 APPENDIX 6 Laboratory Testing Proposed Performing Arts Center Federal Way, Washington APPENDIX B LABORATORY TESTING General Soil samples obtained from the explorations were transported to GeoEngineers' laboratory and evaluated to confirm or modify field classifications, as well as to evaluate engineering properties of the soil samples. Representative samples were selected for laboratory testing to determine the moisture content, percent fines (material passing the U.S. No. 200 sieve), and grain size distribution. The tests were performed in general accordance with test methods of ASTM International (ASTM) or other applicable procedures. Moisture Content Moisture content tests were completed in general accordance with ASTM D 2216 for representative samples obtained from the explorations. The results of these tests are presented on the exploration logs in Appendix A at the depths at which the samples were obtained. Percent Passing U.S. No. 200 Sieve (%F) Selected samples were "washed" through the U.S. No. 200 mesh sieve to estimate the relative percentages of coarse- and fine-grained particles in the soil. The percent passing value represents the percentage by weight of the sample finer than the U.S. No. 200 sieve. These tests were conducted to verify field descriptions and to estimate the fines content for analysis purposes. The tests were conducted in accordance with ASTM D 1140, and the results are shown on the exploration logs in Appendix A at the respective sample depths. Sieve Analysis Sieve analysis testing was performed on selected samples in general accordance with ASTM D 422. The wet sieve analysis method was used to determine the percentage of soil passing the U.S. No. 200 mesh sieve. The results of the sieve analysis were plotted, classified in general accordance with the Unified Soil Classification System, and are presented in Figures B-1 and B-2. GEOENGINEERS� December 19, 2012 Page6-1 File No. 2207-016-00 ❑c G a 0 co co 0 co 0 0 0 N 04 1111111010111101.■■■...■■■■■.■■ ■■■■. .................... .................... . ..................■ . .................... - �as�arsa��x��rsrs ■1■■■■■11�1IJ�■■■■■1 �i��■ii■rir • a�a;■ .����s�x r`rrrir,.�ii'liEa.Tirr■i■■�■�i iliiirr r�■�irtii■ ■■■■ ___WA_%r ■■■■■■ ■�___________ r �Ra��■ a____irr____i+! .................... : _ GEoENGINEERS SIEVE ANALYSIS RESULTS V" 0 0 0 � O O a a U a � co a6 > m z O m L o CDO uj N 10 L~L I zU w Q U W U CO O CD 3 a cu cn E 2 CD 0 2 a� W > w o � � o Q H CO- J J_ W N U Z_ Q q— z � W o FO -- -- - - --- -- °° M o m in - � 0 O w w C7 W O U v w o U = d LU ❑ N z O P: Q [o p j az x W Cl) m O O q W J CO O O T- O m O co O ti O O O LO O 'IT O ce) O N O o 1HJ19M Ag JNISSVd 1ND01:0d GEOENGINEERS� SIEVE ANALYSIS RESULTS FIGURE B-2 APPENDIX C Ground Anchor Load Tests and Shoring Monitoring Program �} t Proposed Performing Arts Center Federal Way, Washington APPENDIX C GROUND ANCHOR LOAD TESTS AND SHORING MONITORING PROGRAM Ground Anchor Load Testing General The locations of the load tests should be approved by the engineer and should be representative of the field conditions. Load tests should not be performed until the tieback grout and shotcrete wall facing, where present, have attained at least 50 percent of the specified 28-day compressive strengths. Where temporary casing of the unbonded length of test tiebacks is provided, the casing should be installed to prevent interaction between the bonded length of the tieback and the casing/testing apparatus. The testing equipment should include two dial gauges accurate to 0.001 inch, a dial gauge support, a calibrated jack and pressure gauge, a pump, and the load test reaction frame. The dial gauge should be aligned within 5 degrees of the longitudinal tieback axis and should be independently supported from the load frame/jack and the shoring wall. The hydraulic jack, pressure gauge and pump should be used to apply and measure the test loads. The jack and pressure gauge should be calibrated by an independent testing laboratory as a unit. The pressure gauge should be graduated in 100 pounds per square inch (psi) increments or less and should have a range not exceeding twice the anticipated maximum pressure during testing unless approved by the Engineer. The ram travel of the jack should be sufficient to enable the test to be performed without re -positioning the jack. The jack should be independently supported and centered over the tieback so that the tieback does not carry the weight of the jack. The jack, bearing plates and stressing anchorage should be aligned with the tieback. The initial position of the jack should be such that repositioning of the jack is not necessary during the load test. The reaction frame should be designed/sized such that excessive deflection of the test apparatus does not occur and that the testing apparatus does not need to be repositioned during the load test. If the reaction frame bears directly on the shoring wall facing, the reaction frame should be designed so as not to damage the facing. Verification Tests Prior to production tieback installation, at least two tiebacks for each soil type should be tested to validate the design pullout value. All test tiebacks should be installed by the same methods, personnel, material and equipment as the production anchors. Changes in methods, personnel, material or equipment may require additional verification testing as determined by the engineer. At least two successful verification tests should be performed for each installation method and each soil type. The tiebacks used for the verification tests may be used as production tiebacks if approved by the engineer. GEOENGINEERS� December19,2012 PageC-1 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington The allowable tieback load should not exceed 80 percent of the steel ultimate strength. Tieback design test loads should be the design load specified on the shoring drawings. Verification test tiebacks should be incrementally loaded and unloaded in accordance with the following schedule: Load Hold Time Alignment Load 1 minute 0.25 Design Load (DL) 1 minute 0.5DL 1 minute 0.75DL 1 minute 1.ODL 1 minute 1.25 DL 1 minute 1.5DL 60 minutes 1.75DL 1 minute 2.ODL 10 minutes The alignment load should be the minimum load required to align the testing apparatus and should not exceed 5 percent of the design load. The dial gauge should be zeroed after the alignment load is applied. Tieback deflections during the 1.51DL test load should be recorded at 1, 2, 3, 5, 6, 10, 20, 30, 50 and 60 minutes. PROOF TESTS Proof tests should be completed on each production tieback. The allowable tieback load should not exceed 80 percent of the steel ultimate strength. Tieback design test loads should be the design load specified on the shoring drawings. Proof test tiebacks should be incrementally loaded and unloaded in accordance with the following schedule: Load Hold Time Alignment Load 1 minute 0.25 Design Load (DL) 1 minute 0.5DL 1 minute 0.75DL 1 minute 1.ODL 1 minute 1.3DL 10 minutes The alignment load should be the minimum load required to align the testing apparatus and should not exceed 5 percent of the design load. The dial gauge should be zeroed after the alignment load is applied. Page C-2 December 19, 2012 GeoEngineers, lnc. File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington TEST TIEBACK ACCEPTANCE A test tieback should be considered acceptable when: 1. For verification tests, a tieback is considered acceptable if the creep rate is less than 0.08 inches per log cycle of time between 6 minutes and 60 minutes and the creep rate is linear or decreasing throughout the creep test load hold period. 2. For proof tests, a tieback is considered acceptable if the creep rated is less than 0.04 inches per log cycle of time between the 1 and 10 minutes or a creep rate less than 0.08 inches per log cycle of time between 6 minutes and 60 minutes and the creep rate is linear or decreasing throughout the creep test load hold period. 3. The total movement at the maximum test load exceeds 80 percent of the theoretical elastic elongation of the unbonded length. 4. Pullout failure does not occur. Pullout failure is defined as the load at which continued attempts to increase the test load result in continued pullout of the test tieback. Acceptable proof test tiebacks may be incorporated as production tiebacks provided that the unbonded test length of the tieback hole has not collapsed and the test tieback length and bar size/number of strands are equal to or greater than the scheduled production tieback at the test location. Test tiebacks meeting these criteria should be completed by grouting the unbonded length. Maintenance of the temporary unbonded length for subsequent grouting is the contractor's responsibility. The engineer should evaluate the verification test results. Tieback installation techniques that do not satisfy the tieback testing requirements should be considered inadequate. In this case, the contractor should propose alternative methods and install replacement verification test tiebacks. The engineer may require that the contractor replace or install additional production tiebacks in areas represented by inadequate proof tests. Shoring Monitoring Preconstruction Survey A shoring monitoring program should be established to monitor the performance of the temporary shoring walls and to provide early detection of deflections that could potentially damage nearby improvements. We recommend that a preconstruction survey of adjacent improvements, such as streets, utilities and buildings, be performed prior to commencing construction. The preconstruction survey should include a video or photographic survey of the condition of existing improvements to establish the preconstruction condition, with special attention to existing cracks in streets or buildings. GEOENGINEER� December 19, 2012 Page C-3 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Optical Survey The shoring monitoring program should include an optical survey monitoring program. The recommended frequency of monitoring should vary as a function of the stage of construction as presented in the following table: Construction Stage Monitoring Frequency During excavation and until wall movements have stabilized Weekly During excavation if lateral wall movements exceed 1 inch and until Twice Weekly wall movements have stabilized After excavation is complete/wall movements have stabilized and Twice monthly prior to the floors of the building reaching the top of the excavation Monitoring should include vertical and horizontal survey measurements accurate to at least 0.01 feet. A baseline reading of the monitoring points should be completed prior to beginning shoring installation. The survey data should be provided to GeoEngineers for review within 24 hours. For shoring walls, we recommend that optical survey points be established along the top of the shoring walls, at the curb behind the shoring walls, and along the centerline of adjacent streets. The survey points should be established at the top of every other soldier pile along the wall face, and the points along the curb line/centerline should be spaced every 25 feet. If lateral wall movements are observed to be in excess of 1/2 inch between successive readings or if total wall movements exceed 1 inch, construction of the shoring walls should be stopped to determine the cause of the movement and to establish the type and extent of remedial measures required. Page C-4 December 19, 2012 GeoEngineers, Inc. File No. 2207-016-00 14PPENDix D Report Limitations and Guidelines for Use �-.6i . D�) Proposed Performing Arts Center Federal Way, Washington APPENDIX D REPORT LIMITATIONS AND GUIDELINES FOR USE1 This appendix provides information to help you manage your risks with respect to the use of this report. Geotechnical Services Are Performed for Specific Purposes, Persons and Projects This report has been prepared for the exclusive use of Mortenson Construction, the City of Federal Way, and other project team members for the Proposed Performing Arts Center project in Federal Way, Washington. This report is not intended for use by others, and the information contained herein is not applicable to other sites. GeoEngineers structures our services to meet the specific needs of our clients. For example, a geotechnical or geologic study conducted for a civil engineer or architect may not fulfill the needs of a construction contractor or even another civil engineer or architect that are involved in the same project. Because each geotechnical or geologic study is unique, each geotechnical engineering or geologic report is unique, prepared solely for the specific client and project site. Our report is prepared for the exclusive use of our Client. No other party may rely on the product of our services unless we agree in advance to such reliance in writing. This is to provide our firm with reasonable protection against open-ended liability claims by third parties with whom there would otherwise be no contractual limits to their actions. Within the limitations of scope, schedule and budget, our services have been executed in accordance with our Agreement with the Client and generally accepted geotechnical practices in this area at the time this report was prepared. This report should not be applied for any purpose or project except the one originally contemplated. A Geotechnical Engineering or Geologic Report Is Based on a Unique Set of Project -specific Factors This report has been prepared for the Proposed Performing Arts Center in Federal Way, Washington. GeoEngineers considered a number of unique, project -specific factors when establishing the scope of services for this project and report. Unless GeoEngineers specifically indicates otherwise, do not rely on this report if it was: —I not prepared for you, I not prepared for your project, Is not prepared for the specific site explored, or m completed before important project changes were made. For example, changes that can affect the applicability of this report include those that affect: the function of the proposed structure; elevation, configuration, location, orientation or weight of the proposed structure; mi composition of the design team; or Ell project ownership. 1 Developed based on material provided byASFE, Professional Firms Practicing in the Geosciences; www.asfe.org. GEoENGINEER� December 19, 2012 Page D-1 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington If important changes are made after the date of this report, GeoEngineers should be given the opportunity to review our interpretations and recommendations and provide written modifications or confirmation, as appropriate. Subsurface Conditions Can Change This geotechnical or geologic report is based on conditions that existed at the time the study was performed. The findings and conclusions of this report may be affected by the passage of time, by manmade events such as construction on or adjacent to the site, or by natural events such as floods, earthquakes, slope instability or groundwater fluctuations. Always contact GeoEngineers before applying a report to determine if it remains applicable. Most Geotechnical and Geologic Findin ,,I�c Are Professional Opinions Our interpretations of subsurface conditions are based on field observations from widely spaced sampling locations at the site. Site exploration identifies subsurface conditions only at those points where subsurface tests are conducted or samples are taken. GeoEngineers reviewed field and laboratory data and then applied our professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ, sometimes significantly, from those indicated in this report. Our report, conclusions and interpretations should not be construed as a warranty of the subsurface conditions. Geotechnical Engineering Report Recommendations Are Not Final Do not over -rely on the preliminary construction recommendations included in this report. These recommendations are not final, because they were developed principally from GeoEngineers' professional judgment and opinion. GeoEngineers' recommendations can be finalized only by observing actual subsurface conditions revealed during construction. GeoEngineers cannot assume responsibility or liability for this report's recommendations if we do not perform construction observation. Sufficient monitoring, testing and consultation by GeoEngineers should be provided during construction to confirm that the conditions encountered are consistent with those indicated by the explorations, to provide recommendations for design changes should the conditions revealed during the work differ from those anticipated, and to evaluate whether or not earthwork activities are completed in accordance with our recommendations. Retaining GeoEngineers for construction observation for this project is the most effective method of managing the risks associated with unanticipated conditions. Misinterpretation of this report by other design team members can result in costly problems. You could lower that risk by having GeoEngineers confer with appropriate members of the design team after submitting the report. Also retain GeoEngineers to review pertinent elements of the design team's plans and specifications. Contractors can also misinterpret a geotechnical engineering or geologic report. Reduce that risk by having GeoEngineers participate in pre -bid and preconstruction conferences, and by providing construction observation. Page D-2 December 19, 2012 GeoEngineers, Inc. File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington -• Do Not Redraw the Exploration Lo-,-. Geotechnical engineers and geologists prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering or geologic report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognize that separating logs from the report can elevate risk. Give Contractors a Complete Report and Guidance Some owners and design professionals believe they can make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give contractors the complete geotechnical engineering or geologic report, but preface it with a clearly written letter of transmittal. In that letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with GeoEngineers and/or to conduct additional study to obtain the specific types of information they need or prefer. A pre -bid conference can also be valuable. Be sure contractors have sufficient time to perform additional study. Only then might an owner be in a position to give contractors the best information available, while requiring them to at least share the financial responsibilities stemming from unanticipated conditions. Further, a contingency for unanticipated conditions should be included in your project budget and schedule. Contractors Are Responsible for Site Safety on Their Own Construction Projects Our geotechnical recommendations are not intended to direct the contractor's procedures, methods, schedule or management of the work site. The contractor is solely responsible for job site safety and for managing construction operations to minimize risks to on -site personnel and to adjacent properties. Read These Provisions Closely Some clients, design professionals and contractors may not recognize that the geoscience practices (geotechnical engineering or geology) are far less exact than other engineering and natural science disciplines. This lack of understanding can create unrealistic expectations that could lead to disappointments, claims and disputes. GeoEngineers includes these explanatory "limitations" provisions in our reports to help reduce such risks. Please confer with GeoEngineers if you are unclear how these "Report Limitations and Guidelines for Use" apply to your project or site. Geotechnical, Geologic and Environmental Reports Should Not Be Interchanged The equipment, techniques and personnel used to perform an environmental study differ significantly from those used to perform a geotechnical or geologic study and vice versa. For that reason, a geotechnical engineering or geologic report does not usually relate any environmental findings, conclusions or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Similarly, environmental reports are not used to address geotechnical or geologic concerns regarding a specific project. GEOENGINEER� December 19, 2012 Page D-3 File No. 2207-016-00 Proposed Performing Arts Center Federal Way, Washington Biological Pollutants GeoEngineers' Scope of Work specifically excludes the investigation, detection, prevention or assessment of the presence of Biological Pollutants. Accordingly, this report does not include any interpretations, recommendations, findings, or conclusions regarding the detecting, assessing, preventing or abating of Biological Pollutants and no conclusions or inferences should be drawn regarding Biological Pollutants, as they may relate to this project. The term "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, and viruses, and/or any of their byproducts. If Client desires these specialized services, they should be obtained from a consultant who offers services in this specialized field. Page D-4 December 19, 2012 GeoEngineers, inc. ReNo, 2207-016-00 o. Federal Way DEPARTMENT OF ComNuiNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 LMA&itvoffedaraht ay.com HAZARDOUS MATERIALS INVENTORY STATEMENT CRITICAL AQUIFER RECHARGE AND WELLHEAD PROTECTION AREAS 1. WAY SHOULD THIS INVENTORY STATEMENT BE FILLED OUT? Critical Aquifer Recharge (CARAs) and Wellhead Protection Areas (WHPAs) are considered "critical areas" pursuant to Federal Way Revised Code (FWCC), Title 14, "Environmental Policy." This inventory statement must be filled out by the applicant or agent for any proposed activity listed in Section II of this handout, and which are located within Wellhead Capture Zones 1, 5, and 10 as shown on the Critical Aquifer Recharge and Wellhead Protection Areas Maps. Please refer to the handout on Critical Aquifer Recharge and Wellhead Protection Areas for a description of the review process. 11. ACTIVITIES GOVERNED BY CARA AND WHPA REGULATIONS The inventory statement must be filled out for the following activities: • Construction of any residential structure, including single-family development ■ Construction of any barn or other agricultural structure • Construction of any office, school, commercial, recreational, service, or storage building • Construction of a parking lot of any size ■ Other minor new construction (see WAC 19.7-11-800[21) ■ Additions or modifications to or replacement of any building or facility (does not include tenant improvements) ■ Demolition of any structure ■ Any landfill or excavation ■ Installation of underground tanks • Any division of land, including short plats Change of use, which involves repair, remodeling, and maintenance activities ■ Dredging ■ Reconstruction/maintenance of groins and similar shoreline protection structures • Replacement of utility cables that must be buried under the surface of the bedlands • Repair/rebuilding of major dams, dikes, and reservoirs ■ lnstallation or construction of any utility, except for on -going operation and maintenance activities of public wells by public water providers __� Personal wireless service facilities Project Name CAm4 Way �1 }6 V Applicant ' WVAX pAN�, Project Location 31510 20th Avenue South Tracking No. III. TYPES AND QUANTITIES OF HAZARDOUS MATERIALS Please provide the approximate quantity of the types of hazardous materials or deleterious substances that will be stored, handled, treated, used, produced, recycled, or disposed of in connection with the proposed activity. If no hazardous materials will be involved, please proceed to Section IV. MATERIAL LIQUID(gallons) SOLID (pounds) (1) Acid or basic solutions or solids (2) Antifreeze or coolants (3) Bleaches, peroxides, detergents, surfactants, disinfectants, bactericides, algaecides (4) Brake, transmission, hydraulic fluids (5) Brine solutions (6) Corrosion or rust prevention solutions (7) Cutting fluids (8) Deicing materials. (9) Dry cleaning or cleaning solvents (10) Electroplating or metal finishing solutions / (11) Engraving or etching solutions (12) Explosives (13) Fertilizers (14) Food or animal processing wastes (15) Formaldehyde / (16) Fuels, additives, oils, greases (17) Glues, adhesives, or resins (18) Inks, printing, or photocopying chemicals (19) Laboratory chemicals, reagents or standards (20) Medical, hospital, pharmaceutical, dental, or veterinary fluids or wastes (21) Metals (hazardous e.g. arsenic, copper, chrornium, lead, mercury, silver etc. (22) Paints, pigments, dyes, stains; varnish, sealers. (23) Pesticides, herbicides or poisons (24) Plastic resins, plasticizers, or catalysts (25) Photo development chemicals (26) Radioactive sources (27) Refrigerants, cooling water (contact) (28) Sludges, still bottoms (29) Solvents, thinners, paint removers or strippers (30) Tanning (leather) chemicals (3 1) Transformer, capacitor oils/fluids, PCB's (32) Waste oil (33) Wood preservatives (34) List OTHER hazardous materials or deleterious Gr substances on a se ate sheet. Bulletin 4056 — January 1, 2011 Page 2 of 3 k:111andoutslHazardous Materials Inventory Statement Project Name Fe.(W dwi RU, Applicant Project Location 31510 2Oth Avenue South Tracking No. IV. FURTHER INFORMATION Provide the approximate quantity of fill and source of fill to be imported to the site. Approximate QuantW of Imported Fill I Source of Fill Check box 41 if you do not plan to store, handle, treat, use; produce, recycle, or dispose of any of the types and quantities of hazardous material or deleterious substance listed in Section III. Check box(s) #2 through 45 (and fill in appropriate blanks) of the below table if they apply to your facility or activity. #1 [ The proposed development will not store, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous materials or deleterious substances listed above. #2 [ ]' Above ground storage tanks, having a capacity of gallons will be installed. 43 [ ] Construction vehicles will be refueled on site. Storage within wholesale and retail facilities of hazardous materials, or other deleterious #4 [ ] substances, will be for sale in original containers with a capacity of_ gallons liquid or pounds solid. The presence of chemical substances on this parcel is/will be for "temporary" non -routine #5 [ ] maintenance or repair of the facility (such as paints and paint thinners) and are in individual containers with a capacity of gallons liquid or mounds solid. Check any of the following items that currently exist or are proposed in connection with the development of the site. #1 Stormwater infiltration system (e.g., french drain, dry well, stormwater swale, etc.) Hydraulic lifts or elevator, chemical systems, or other machinery that uses hazardous materials 92 #3 [ ] Cathodic protection wells #4 [ ] Water wells, monitoring wells, resource protection wells, piezometers #5 [ j Leak detection devices, training for employees for use of hazardous materials, self-contained machinery, etc. SIGNATURE r �J SAN�@5' 1,0Ax I. N Print Name If you have any questions aboutfilling out this application form, please call the Department of Community Development Services at 253-835-2607. Please be advised that an application for a development permit —� lacking the required information will not be accepted. Bulletin #056 —January 1, 2011 Page 3 of 3' k:lHandouts\Hazardous Materials Inventory Statement rtranspo(3plolup WHAT TP.ANS?ORTATiON CAN BE. MEMORANDUM Date: September 23, 2014 TG: 13229.00 To: Patrick Doherty — City of Federal Way From: Kevin L. Jones, P.E., PTOE — Transpo Group PJ Santos — Lorax Partners cc: Joe Taflin, P.E. — PACLAND Subject: Federal Way Performing Arts & Conference Center — Traffic & Parking Study This memorandum documents our estimates of vehicular trip generation and parking demand associated with the Federal Way Performing Arts & Conference Center (PACC). It also generally describes vehicular circulation and site access operations and identifies measures to mitigate potential project -generated traffic/parking impacts. Project Description We understand the proposed project would include the demolition of a 46,200-sf building formerly occupied by Toys "R" Us and construction of a 42,000-sf PACC with a 700-seat auditorium, 119-room hotel and 173 parking stalls constructed on the northeast corner of S 316th Street and 20th Avenue S. Approximately 90 stalls or just over one-half of the total parking supply would be reserved for hotel parking with'the remaining 83 stalls designated for the PACC. Access is proposed via two driveways, one on S 314th Street and one on 20th Avenue S. It is anticipated that the proposed development would be open in 2017. Methodology We estimated a range of trip generation and parking demand recognizing both performances and conferences would range in size as well. For example, we estimated trip generation and parking demand for both a "design capacity" scenario reflecting 75 percent of the maximum performance/conference attendance as well as a "high -activity" scenario reflecting the highest possible attendance. Most PACC events would generate traffic and parking demand up to the "design capacity" scenario whereas the "high -activity" scenario is anticipated to occur far more infrequently, perhaps five times per year or less. It is also worth noting that from a scheduling perspective, we understand large conferences would not be scheduled the same day as an evening performance because, for numerous reasons, it would be infeasible to do so. A variety of assumptions were made to estimate project trip generation and parking demand. With respect to trips and parking demand generated by performances, these assumptions included the number of PACC staff, performers and audience members as well as arrival/departure patterns, travel mode split, and average vehicle occupancy (AVO) of each group. Similarly, for trips and parking demand generated by conferences, we made assumptions regarding the number of PACC staff and conference participants as well as arrival/departure patterns, travel mode split, and AVO of both staff and participants. All of the assumptions identified above are summarized in the attachment. Estimating trip generation and parking demand for the hotel component required fewer assumptions as estimates were primarily based on the number of rooms and average trip generation rates for hotels in Trip Generation (ITE, 91h Edition, 2012) and average peak parking demand rates for hotels in Parking Generation (ITE, 4'h Edition, 2010). However, recognizing that participants at large conferences would likely occupy some hotel rooms, an assumption was made (and described in the attachment) in order to not double count trips or parking demand. An assumption was also made with respect to percent occupancy with a large conference. Transpo Group 11730 118th Avenue N.E., Suite 600 Kirkland; WA 98034 425-821-3665 Fax: 425-825-8434 Trip Generation We estimated the number of vehicular trips generated by the proposed project during two time periods: (1) the weekday afternoon peak hour coinciding with the peak hour of adjacent street traffic (busiest one -hour period between 4:00 and 6:00 p.m.) and (2) the weekday evening peak hour associated with post -performance activity (busiest one -hour period between 9:00 and 11:00 p.m.). Whereas trip generation during the former period is necessary for transportation concurrency testing, we estimated trip generation during the latter period because no other hour would generate more vehicular trips than the hour immediately following a large performance, including any one -hour period associated with a conference. The attachment presents our detailed trip generation calculations, including those for the previous on -site use. For most days with a performance, we estimate the project would generate up to approximately 149 trips during the weekday afternoon peak hour and up to approximately 279 trips during the weekday evening peak hour'. For most days with a large conference and without an evening performance, we estimate the project would generate up to approximately 183 trips during the weekday afternoon peak hou?. With respect to potential trip credits, we estimate the Toys "R" Us likely generated 160 to 204 primary trips during the weekday afternoon peak hour, depending on the percentage of vehicle trips passing -by the site. Parking Demand Vehicular parking demand was estimated for two time periods: (1) weekday early afternoon between noon and 2:00 p.m. and (2) weekday evening between 7:00 and 9:00 p.m. The former period is associated with the peak parking demand for conferences whereas the latter period is associated with the peak parking demand for both the hotel and performances. Our detailed parking demand calculations are presented in the attachment. Assuming PACC staff would be required to park off -site, we estimate on most days, the hotel and conferences would collectively generate a parking demand of up to approximately 279 vehicles during the weekday early afternoon, 106 more vehicles than the on -site parking supply3. The City would need to execute one or more reciprocal agreements and/or lease/purchase agreements with adjacent property owners to provide parking for these additional vehicles and have such parking located within close proximity. This is also addressed in the "Mitigation Measures" section of this memo (see page 3). During the weekday evening on most days and assuming PACC staff would be required to park off -site, we estimate the hotel and performances would collectively generate a parking demand of up to approximately 330 vehicles, 176 more vehicles than the on -site supply considering not all of the stalls reserved for hotel use would be used by hotel guests4. Since this demand would occur during the weekday evening, one option to accommodate these additional vehicles would be the parking supply available during this time period in the approximate 1,190-stall parking garage at the Federal Way Transit Center. The Transit Center is located south of S 326th Street and east of 21 st Avenue S and the weekday evening is the off-peak period of the parking garage. On rare occasions with maximum attendance at performances, we estimate the project would generate up to approximately 185 trips during the weekday afternoon peak hour and up to approximately 378 trips during the weekday evening peak hour. 2 We estimate the project would generate u to approximately 222 trips during the weekday afternoon peak hour P J 9 P PP Y P 9 Y on rare occasions with maximum attendance at conferences. 3 On rare occasions with maximum attendance, we estimate the hotel and conferences would collectively generate a parking demand of up to approximately 356 vehicles during the weekday early afternoon, 183 more vehicles than the on - site parking supply. We estimate the hotel and performances would collectively generate a parking demand of up to approximately 429 vehicles during the weekday evening on rare occasions with maximum attendance. This estimate is 275 more vehicles than the on -site supply considering not all of the stalls reserved for hotel use would be used by hotel guests. UanspoaJ,ouP 2 of 3 Circulation In general, traffic generated by the PACC would circulate along the adjacent roadways, including S 314th Street to the north, S 316th Street to the south, 23rd Avenue S to the east, and 20th Avenue S to the west. All project traffic parking on -site would travel to/from the east/west via S 314th Street or to/from the north/south on 20th Avenue S and as such, increases in traffic is anticipated at the signalized intersections of S 314th Street/20th Avenue S, S 314th Street/23rd Avenue S and S 316th Street/20th Avenue S. As is the case today, with increases in traffic, the timing of these traffic signals would adjust automatically to serve this additional demand as well as possible. Moreover, with most PACC traffic occurring during the off-peak hours of adjacent street traffic, it is unlikely that the combination of existing and project traffic would exceed the intersection,capacity at these locations. For well -attended evening performances, the majority of project traffic would park off -site and one option would have this traffic parking at the Federal Way Transit Center parking garage given the time of day and parking availability. From a circulation perspective, all of these trips would travel to/from the north/south via 21 st Avenue S or 23rd Avenue S and as such, increases in traffic is anticipated at the signalized intersections of S 316th Street/23rd Avenue S and S 317th Street/23rd Avenue S and stop sign controlled intersection of S 316th Street/21 st Avenue S. Given that the pre- and post -event time periods align with the off-peak hours of adjacent street traffic, there likely would be excess intersection capacity to accommodate these additional trips. Access Operations Site access is proposed via 20th Avenue S and S 314th Street. The amount of project traffic at these access points is primarily controlled by the number of on -site parking stalls and turnover frequency. During the weekday afternoon peak hour, most of the traffic generated by the PACC would be inbound trips with an evening performance and without a daytime conference. The opposite would be true with a daytime conference and without an evening performance. More on -site vehicular delay would be associated with the latter scenario as outbound traffic would stop and wait for a gap in traffic along S 314th Street and 20th Avenue S. Assuming most of this outbound traffic would occur during a relatively short period of time following the completion of a conference, delays and on -site queuing would be possible given the high outbound traffic volume and the peaking characteristics of S 314th Street and 20th Avenue S. Most project traffic would be outbound during the weekday evening peak hour following a performance. This traffic would be required to stop and wait for a gap in traffic along S 314th Street and 20th Avenue S. However, unlike the scenario described above, less delay and less on -site queuing would be anticipated because the number of outbound trips would be limited to the number of parking stalls designated for the PACC and traffic volumes on S 314th Street and 20th Avenue S would be significantly less during the weekday evening peak hour as compared with the weekday afternoon peak hour. Mitigation Measures Given the findings described in this memo, we recommend the following mitigation measure in conjunction with the proposed PACC: • Implementation of an on -going traffic management plan, especially in conjunction with large conferences and performances. The plan would include monitoring of conditions and as necessary, use of traffic control police officers to facilitate vehicular egress at the two site accesses following large events; and • Exploration of reciprocal agreements with adjacent property owners and/or the lease/purchase of additional nearby parking to supplement the on -site parking supply and provide adequate mid -day parking in conjunction with large conferences. Attachment: Assumptions and Calculations ! LranspooRoup 3 of 3 Federal Way Performing Arts & Conference Center (PACC) — Traffic & Parking Study Assumptions and Calculations Trip Generation Weekdav afternoon peak hour coinciding with the peak hour of adiacent street traffic !busiest one -hour period between 4:00 and 6:00_p.m_.) o Performing Arts Center • Assume 10 PACC staff; 100% inbound vehicle trips; 1.0 avg. vehicle occupancy (AVO) • (10)*(1.0)*(1.0) = 10 inbound trips • Assume 20 to 40 performers; 100% inbound vehicle trips; 1.0 AVO • (20 to 40)*(1.0)*(1.0) = 20 to 40 inbound trips • Assume 20% of audience; 100% inbound vehicle trips; 2.2 AVO • 2.2 AVO consistent with Kirkland Performing Arts Center EIS • "design capacity" = 75% of 700 = (700)*(0.75) = 525-person audience • "high -activity" = 100% of 700 = (700)*(1.0) = 700-person audience • (525 to 700)*(0.20)*(1.0)/(2.2) = 48 to 64 inbound trips • Total = 78 inbound trips ("design capacity") to 114 inbound trips ("high -activity") o Conference Center • Assume 25 PACC staff; 100% outbound vehicle trips; 1.0 AVO • (25)*(1.0)*(1.0) = 25 outbound trips • Assume 50% of participants; 100% outbound vehicle trips; 1.3 AVO • 1.3 AVO consistent with Meydenbauer Convention Center Expansion EIS • "design capacity" = 75% of 400 = (400)*(0.75) = 300 participants • "high -activity" = 100% of 400 = (400)*(1.0) = 400 participants a (300 to 400)*(0.50)*(1.0)/(1.3) = 115 to 154 outbound trips • Total = 140 outbound trips ("design capacity") to 179 outbound trips ("high -activity") o Hotel • Trip data in ITE Trip Generation for Land Use (LU) 310 ("Hotel") • Average trip rate of 0.6 vehicle trips per hotel room • 51 % inbound trips and 49% outbound trips (119)*(0.6)'(0.51) = 36 inbound trips; (119)*(0.6)*(0.49) = 35 outbound trips • Assume 60% of rooms would not be occupied by conference participants • 60% consistent with "percent nonguest" in ULI Shared Parking for conference attendees at hotels a Trip gen for conferences captures the trips generated by the remaining rooms a (119)-(0.60)*(0.6) = 43 trips; (22 inbound trips and 21 outbound trips) ■ Total = 22 inbound trips and 21 outbound trips with a conference and 36 inbound trips and 35 outbound trips without a conference o Total = 149 trips ("design capacity") to 185 trips ("high -activity") with an evening performance and without a daytime conference, including 114 to 150 inbound trips and 35 outbound trips o Total = 183 trips ("design capacity") to 222 trips ("high -activity") with a daytime conference and without an evening performance, including 22 inbound trips and 161 to 200 outbound trips o Previous Toy Superstore (Toys "R" Us totaling 46,200 square feet) • Trip data in ITE Trip Generation for Land Use (LU) 864 ("Toy/Children's Superstore") • Average trip rate of 4.99 vehicle trips per 1,000 square feet gross floor area • 50% inbound trips and 50% outbound trips • (46.2)*(4.99)*(0.5) = 115 inbound trips and 115 outbound trips • Assume 10% to 30% of total vehicle trips passing -by the site • For traffic impact fees, Federal Way applies 30% pass -by rate for LU 864 ■ Can assume lower rate given lower volumes on S 316th St and 20th Ave S ■ (115)*(0.9) = 103 trips; (115)*(0.7) = 80 trips ■ Total = 160 to 204 primary trips, including 80 to 103 inbound and outbound trips 1 of 4 Federal Way Performing Arts & Conference Center (PACC) — Traffic & Parking Study Assumptions and Calculations Trip Generation (cont.) Weekdav evening peak hour associated with the post -event of_perforrninq arts center (busiest one -hour period between 9:00 and 11:00 p.m, o Performing Arts Center ■ Assume 10 PACC staff; 100% outbound vehicle trips; 1.0 AVO • (10)*(1.0)*(1.0) = 10 outbound trips • Assume 20 to 40 performers; 100% outbound vehicle trips; 1.0 AVO • (20 to 40)*(1.0)*(1.0) = 20 to 40 outbound trips • Assume 100% of audience; 100% outbound vehicle trips; 2.2 AVO • 2.2 AVO consistent with Kirkland Performing Arts Center EIS • "design capacity" = 75% of 700 = (700)*(0.75) = 525-person audience • "high -activity" = 100% of 700 = (700)*(1.0) = 700-person audience • (525 to 700)*(1.0)*(1.0)/(2.2) = 239 to 318 outbound trips • Total = 269 outbound trips ("design capacity") to 368 outbound trips ("high -activity") o Conference Center ■ Assume large conferences would not be scheduled the same day as a performance • Assume no vehicular trip generation during this hour o Hotel Trip data in ITE Trip Generation for LU 310 ("Hotel") • Average daily trip rate of 8.17 vehicle trips per hotel room ■ Weekday PM peak hour trip generation represents approx. 7% of daily trips • Assume 1 % of daily trips are generated during the evening peak hour ■ (119)*(8.17)*(0.01) = 10 inbound trips o Total = 279 trips ("design capacity") to 378 trips ("high -activity") with an evening performance and without a daytime conference, including 10 inbound trips and 269 to 368 outbound trips o Weekday evening peak hour trips would be significantly less with a daytime conference and without an evening performance o Previous Toy Superstore (Toys "R" Us totaling 46,200 square feet) ■ Assume store is closed after 9:00 p.m. on weekday evenings ■ Total = 0 primary trips 2 of 4 Federal Way Performing Arts & Conference Center (PACC) — Traffic & Parking Study Assumptions and Calculations Parking Demand Weekdav early afternoon peak parking demand nrimarily associated with the conference center (between noon and 2:00 p.m.) o Performing Arts Center • Assume no parking demand during this hour o Conference Center • Assume 25 PACC staff; 100% vehicle orientation; 1.0 AVO • (25)*(1.0)*(1.0) = 25 vehicles • Assume all of these vehicles would be required to park off -site • Assume 100% of participants; 100% vehicle orientation; 1.3 AVO ■ 1.3 AVO consistent with Meydenbauer Convention Center Expansion EIS • "design capacity" = 75% of 400 = (400)*(0.75) = 300 participants ■ "high -activity" = 100% of 400 = (400)*(1.0) = 400 participants • (300 to 400)*(1.0)*(1.0)/(1.3) = 231 to 308 vehicles • Total = 256 vehicles ("design capacity") to 333 vehicles ("high -activity") o Hotel • Without a daytime conference; trip data in ITE Parking Generation for LU 310 ("Hotel') • Average weekday occupancy rate of 67% • Average weekday peak parking demand of 0.89 vehicles per occupied suburban hotel room • Mid -day demand is approx. 75% of the peak period • (119)-(0.67)-(0.89)*(0.75) = 53 vehicles • With a daytime conference; assume 60% of rooms would not be occupied by conference participants • Assume 100% of the rooms are generally occupied • 60% consistent with "percent nonguest" in ULI Shared Parking for conference attendees at hotels ■ Parking demand for conferences captures the vehicles generated by the remaining rooms ■(119)*(1.0)-(0.60)-(0.89)-(0.75) = 48 vehicles • Total = 48 and 53 vehicles with and without a conference, respectively o Total = 304 vehicles ("design capacity") to 381 vehicles ("high -activity") with a daytime conference and without an evening performance o Weekday early afternoon peak parking demand would be significantly less with an evening performance and without a daytime conference 3of4 Federal Way Performing Arts & Conference Center (PACC) — Traffic & Parking Study Assumptions and Calculations Parking Demand (cont.) Weekdav evening Deak Darkinp demand ❑rimarily associated.with the oerfonninq_uh center (between 7:00 and 9:00 p.m.) o Performing Arts Center ■ Assume 10 PACC staff; 100% vehicle orientation; 1.0 AVO • (10)*(1.0)*(1.0) = 10 vehicles • Assume all of these vehicles would be required to park off -site ■ Assume 20 to 40 performers; 100% vehicle orientation; 1.0 AVO ■ (20 to 40)*(1.0)*(1.0) = 20 to 40 vehicles - • Assume 100% of audience; 100% vehicle orientation; 2.2 AVO ■ 2.2 AVO consistent with Kirkland Performing Arts Center EIS • "design capacity" = 75% of 700 = (700)*(0.75) = 525-person audience • "high -activity" = 100% of 700 = (700)*(1.0) = 700-person audience • (525 to 700)*(1.0)*(1.0)/(2.2) = 239 to 318 vehicles • Total = 269 vehicles ("design capacity") to 368 vehicles ("high -activity") o Conference Center ■ Assume large conferences would not be scheduled the same day as a performance • Assume no parking demand during this hour o Hotel ■ Trip data in ITE Parking Generation for LU 310 ("Hotel') • Average weekday occupancy rate of 67% • Average weekday peak parking demand of 0.89 vehicles per occupied suburban hotel room ■ (119)-(0.67)*(0.89) = 71 vehicles o Total = 340 vehicles ("design capacity") to 439 vehicles ("high -activity") with an evening performance and without a daytime conference o Weekday evening peak parking demand would be significantly less with a daytime conference and without an evening performance 4of4 4�� CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 w w %v.c i tvoffed a ra f ►uay.com Crime Prevention Through Environmental Design (CPTED) Checklist Instructions This checklist is designed to assist the project proponent in demonstrating how CPTED principles have been met. This goal can also be met by submitting a written explanation as to how each of the three design principles of Natural Surveillance, Access Control, and Ownership has been met. The checklist has been prepared to provide guidance and assistance in regard to the integration of CPTED principles into proposed project designs. The purpose of the checklist is to assist a project proponent in identifying and incorporating design strategies that implement the CPTED principles identified in Federal Way Revised Code (FWRC) 19.115.010. CPTED principles, performance standards, and strategies are used during project development review to identify and incorporate design features, which reduce opportunities for criminal activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices about their targets. In general: (1) The greater the risk of being seen, challenged, or caught; the less likely they are to commit a crime. (2) The greater the effort required, the less likely they are to commit a crime. (3) The lesser the actual or perceived rewards, the less likely they are to commit a crime. Through use of CPTED principles, the built environment can be designed and managed to ensure: (1) There is more chance of being seen, challenged, or caught; (2) Greater effort is required; (3) The actual or perceived rewards are less; and (4) Opportunities for criminal activity are minimized. CPTED Design Principles CPTED design principles are functionally grouped into three categories: (1) Natural Surveillance. This category focuses on strategies to design the built environment in a manner that promotes visibility of public spaces and areas. (2) Access Control. This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access. (3) Ownership. This category focuses on strategies to reduce the perception of areas as "ownerless" and therefore available for undesirable uses. Bulletin #021 —January 1, 2011 Page 1 of 2 k:\Ilandout \CPTED Instructions How to Use This Checklist This checklist has been prepared to assist in identifying appropriate strategies to incorporate CPTED design principles into proposed projects in Federal Way. The guidelines included in this checklist expand on the principles found in FWRC 19.115.010. It is recommended that the principles be reviewed initially to identify the approaches used to implement CPTED. Subsequent to this initial review, this checklist should be reviewed to identify additional strategies that may be applicable for a proposed project. Not all strategies are applicable to all projects. In addition, the CPTED principles may be addressed through strategies that are not listed. Checklist Design The checklist has been organized in the following manner: Functional Area Specific design element Section and Functional Area Evaluation addressed by CPTED principles Performance Performance Standard for Agency Performance Standard Standard Use Only What is the desired outcome of Strategy applying CPTED principles to this functional area `Apptirablc dwiac siic Plan Kcvkw �/.pplita6k durir{ Bui£ding Permit Review Strategy �X� I Technique which can be used Sett[ 1.a: Natural Surveillance to implement CPTED principles Check Box I.1 Blimd Corners _Conforms Indicate by checking this box iJ Avoid blind corners in pathways and parking lots. _Revise this strategy has been used in the .NA proposed project Comments: Strategy Write4n pathways should be direct. All barriers along 77ir section can be used to write pathways should be permeable (see through) in a vroregp which is not specificaU} listed but is employed in the project including landscaping, fencing etc. ■ Consider the installation of mirrors to allow users to see ahead of them and around corners 9 Process Applicability ❑ Other slr,"c 104le4tet when in the review process the identified guideline should be assessed Site Plan and Building Permit Review Certain guidelines and techniques are best applied during different points in the review process. To assist in facilitating CPTED review, guidelines which are best considered during site plan review are indicated with a " ■ " symbol. Guidelines that are most appropriately applied during building permit review are indicated with a "e" symbol. Bulletin #021 —January 1, 2011 Page 2 of 2 Ullandout \CPTED Instructions CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 81h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.cLqoffeder,ilway.com Crime Prevention Through Environmental Design (CPTED) Checklist Directions Please fill out the checklist to indicate which strategies have been used to implement CPTED principles in your proposed project. Please check all strategies that are applicable to your project for each of the numbered guidelines. You may check more than one strategy for each guideline. Your responses will be evaluated by City Staff, and will be integrated into the Site Plan and/or Building Permit review process. Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Section 1.0 Natural Surveillance 1.1 Blind Corners Conforms Avoid blind corners in pathways and parking lots, —Revise NA Comments: Pathways should be direct. All barriers along pathways should be permeable (see through) including landscaping, fencing etc. ■ 13 Consider the installation of mirrors to allow users to see ahead of them and around corners. e Other strategy used: Sidewalks intersections are held away from the building to avoid blind corners at sidewalks. 1.2 Site and Building Layout _Conforms Allow natural observation from the street to the use, from the _Revise use to the street, and between uses _NA Comments: Bulletin #022 -January 1, 2011 Page 1 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy ■ Applicable during Site Plan Review E) Applicable during Building Permit Review VOrient the main entrance towards the street or both streets on For Non -Single corners. ■ Family Oriented toward S 316th St. See note at Development bottom of this section. ❑ Position habitable rooms with windows at the front of the dwelling. ■ Access to dwellings or other uses above commercial/ retail development should not be from the rear of the building. ■ ❑ Offset windows, doorways and balconies to allow for natural observation while protecting privacy. ■ Locate main entrances/exits at the front of the site and in view of the street. ■ For Commercial/ Retail/ Industrial If employee entrances must be separated from the main and Community ❑ entrance, they should maximize opportunities for natural Facilities surveillance from the street. ■ In industrial developments, administration/offices should be located at the front of the building. ■ Avoid large expanses of parking. Where large expanses of For Surface g parking are proposed, provide surveillance such as security Parking and cameras. ■ Parking Structures Access to elevators, stairwells and pedestrian pathways should be clearly visible from an adjacent parking area. ■ Avoid hidden recesses. ■ Locate parking areas in locations that can be observed by adjoining uses. ■ Open spaces shall be clearly designated and situated at For Common/ �/ locations that are easily observed by people. Parks, plazas, Open Space common areas, and playgrounds should be placed in the front Areas of buildings. Shopping centers and other similar uses should face streets. ■ Other strategy used: Addition of stairway connecting S 316th St with plaza and building entry. Evaluation for Agency Use Only Bulletin #022 — January 1, 2011 Page 2 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy IN Applicable during Site Plan Review e Applicable during Building Permit Review 1.3 Common/Open Space Areas and Public On -Site Open _Conforms Space ,Revise Provide natural surveillance for common/open space areas. —NA Comments: Position active uses or habitable rooms with windows adjacent M to main common/open space areas, e.g. playgrounds, swimming pools, etc., and public on -site open space. ■ Design and locate dumpster enclosures in a manner which L�1 screens refuse containers but avoids providing opportunities to hide. ■ Locate waiting areas and external entries to elevators/stairwells LrJ close to areas of active uses to make them visible from the building entry. e Locate seating in areas of active uses. e • / Other strategy used: L� Public plaza is immediately adjacent to and readily visible from large glass enclosed lobby. 1.4 Entrances ,Conforms Provide entries that are clearly visible. _Revise _NA Comments: Design entrances to allow users to see into them before entering. ■ Entrances should be clearly identified (Signs must conform to Lv1 FWRC 19.140.060. Exempt Signs. (Applicable during Cerlifrcate of Occupancy Insnectian). Other strategy used: 1.5 Fencing —Conforms Fence design should maximize natural surveillance from the _Revise street to the building and from the building to the street, and _NA minimize opportunities for intruders to hide. Comments: Bulletin #022 — January 1, 2011 Page 3 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy i Applicable during Site Plan Review 6 Applicable during Building Permit Review ❑ Front fences should be predominantly open in design, e.g. pickets or wrought iron, or low in height. e Design high solid front fences in a manner that incorporates ❑ open elements to allow visibility above the height of five feet. e If noise insulation is required, install double -glazing at the ❑ front of the building rather than solid fences higher than five feet. e Other strategy used: No fences used in project. 1.6 Landscaping —Conforms Avoid landscaping which obstructs natural surveillance and _Revise allows intruders to hide. ,NA Comments: Trees with dense low growth foliage should be spaced or their crown should be raised to avoid a continuous barrier. r Use low groundcover, shrubs a minimum of 24 inches in height, or high -canopied trees (clean trimmed to a height of eight feet) around children's play areas, parking areas, and along pedestrian pathways. ■ Avoid vegetation that conceals the building entrance from the street. ■ Other strategy used: 1.7 Exterior Lighting _.Conforms Provide exterior lighting that enhances natural surveillance. ,Revise (Refer to FWRC 19.115.050(7)(a) for specific lighting _.NA requirements.) Comments: Prepare a lighting plan in accordance with Illuminating Engineering Society of America (IESA) Standards, which LJ addresses project lighting in a comprehensive manner. Select a lighting approach that is consistent with local conditions and crime problems. ■ Bulletin #022 — January 1, 2011 Page 4 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy a Applicable during Site Plan Review e Applicable during Building Permit Review Locate elevated light fixtures (poles, light standards, etc.) in a coordinated manner that provides the desired coverage. The useful ground coverage of an elevated light fixture is roughly twice its height. E For areas intended to be used at night, ensure that lighting supports visibility. Where lighting is placed at a lower height to support visibility for pedestrians, ensure that it is vandal - resistant. e Ensure inset or modulated spaces on a building facade, access/egress routes, and signage is well lit. e In areas used by pedestrians, ensure that lighting shines on pedestrian pathways and possible entrapment spaces. e / Place lighting to take into account vegetation, in its current and $ mature form, as well as any other element that may have the potential for blocking light. e Avoid lighting of areas not intended for nighttime use to avoid giving a false impression of use or safety. If danger spots are usually vacant at night, avoid lighting them and close them off to pedestrians. e Select and light "safe routes" so that these become the focus of legitimate pedestrian activity after dark. A Avoid climbing opportunities by locating light standards and electrical equipment away from walls or low buildings. e Use photoelectric rather than time switches for exterior lighting. e In projects that will be used primarily by older people (retirement homes, congregate care facilities, senior and/ or community centers, etc.) provide higher levels of brightness in public/common areas. e Other strategy used: 1.8 Mix of Uses In mixed use buildings increase opportunities for natural surveillance, while protecting privacy. Bulletin #022 — January 1, 2011 Page 5 of 9 Evaluation for Agency Use Only —Conforms Revise __NA Comments: k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Where allowed by city code, locate shops and businesses on lower floors and residences on upper floors. In this way, ❑ residents can observe the businesses after hours while the residences can be observed by the businesses during business hours. ■ ❑ Include food kiosks, restaurants, etc. within parks and parking structures. ■ Other strategy: used 1.9 Security Bars, Shutters, and Doors _Conforms When used and permitted by building and fire codes, security ,Revise bars, shutters, and doors should allow observation of the street ^NA and be consistent with the architectural style of the building. Comments: ❑ Security bars and security doors should be visually permeable (see -through). e Other strategy used: No security bars, shutters or doors used in project. Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Section 2.0 Access Control 2.1 Building Identification —Conforms Ensure buildings are clearly identified by street number to _Revise prevent unintended access and to assist persons trying to find —NA the building. Identification signs must conform to FWRC Comments: 19.140.060. Exempt Signs. ❑ Street numbers should be plainly visible and legible from the street or road fronting the property. e Bulletin #022 — January 1, 2011 Page 6 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review In residential uses, each individual unit should be clearly numbered. In multiple building complexes, each building entry ❑ should clearly state the unit numbers accessed from than entry. In addition, unit numbers should be provided on each level or floor. e ❑ Street numbers should be made of durable materials, preferably reflective or luminous, and unobstructed (e.g. by foliage). e For larger projects, provide location maps (fixed plaque ❑ format) and directional signage at public entry points and along internal public routes of travel. e Other strategy used: Highly visible building ID sign to be located on south retaining wall (on S 316th St). 2.2 Entrances ,Conforms Avoid confusion in locating building entrances. —Revise NA Comments: Entrances should be easily recognizable through design features and directional signage. (Signs must conform to FWRC 19.140.060. Exempt Signs. ■ VMinimize the number of entry points. R Other strategy used: 2.3 Landscaping _Conforms Use vegetation as barriers to deter unauthorized access. _Revise _NA Comments: ❑ Consider using thorny plants as an effective barrier. e Other strategy used: El 2.4 Landscaping Location ,Conforms Avoid placement of vegetation that would enable access to a ,Revise building or to neighboring buildings. ,NA Comments: Bulletin #022 —January 1, 2011 Page 7 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard S Irategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Avoid placement of large trees, garages, utility structures, M fences, and gutters next to second story windows or balconies that could provide a means of access. ■ 13 Other strategy used: 2.5 Security ,Conforms Reduce opportunities for unauthorized access _Revise ,NA Comments: Consider the use of security hardware and/or human measures M to reduce opportunities for unauthorized access. (Applicable during Certificate of0ccupancy Iris ection . Other strategy used: 2.6 Signage —Conforms Insure that signage is clearly visible, easy to read and simple to ,Revise understand [Signs must conform to FWRC 19.140.060. Exempt _NA Signs]. Comments: ❑ Use strong colors, standard symbols, and simple graphics for informational signs. e Upon entering the parking area, provide both pedestrians and For Surface ❑ drivers with a clear understanding of the direction to stairs, Parking and elevators, and exits. e Parking Structures 13 In multi -level parking areas, use creative signage to distinguish between floors to enable users to easily locate their cars. e ❑ Advise users of security measures that are in place and where to find them, i.e. security phone or intercom system. e ❑ Provide signage in the parking area advising users to lock their cars. e Bulletin #022 —January 1, 2011 Page 8 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review ❑ Where exits are closed after hours, ensure this information is indicated at the parking area entrance. e Other strategy used: m Signage is not yet designed but will consider CPTED principles. Section 3.0 Ownership 3.1 Maintenance ,Conforms Create a "cared for" image ,Revise _NA Comments: Ensure that landscaping is well maintained, as per FWRC m 19.125.090, in order to give an impression of ownership, care, and security. (Ongoing). Where possible, design multi -unit residential uses such that no ❑ more than six to eight units share a common building entrance. ■ Other strategy used: El 3.2 Materials _Conforms Use materials, which reduce the opportunity for vandalism. —Revise _NA Comments: Consider using strong, wear resistant laminate, impervious glazed ceramics, treated masonry products, stainless steel materials, anti -graffiti paints, and clear over sprays to reduce opportunities for vandalism. Avoid flat or porous finishes in areas where graffiti is likely to be a problem. e Where large walls are unavoidable, refer to FWRC 19.125.040(21) regarding the use of vegetative screens. e Common area and/or street furniture shall be made of long N� wearing vandal resistant materials and secured by sturdy anchor points, or removed after hours. e Other strategy used: Bulletin #022 —January 1, 2011 Page 9 of 9 k:\Handouts\CPTED Checklist i S_S_1.T____ES_T__R_UCT_URES_ A Division of Koshik Engineering, PC :PUBLIC WORKS Federal Way PAEC Storm Water Detention Vault Federal Way, Washington Structural Calculations Project No. S-14-060 First Issue 07-09-15 m Z cn 000 z 3 cn 03 yo D (D < O N n C O m lD < rn Z n m Z M m M RECEIVED JUL 15 2015 CITY OF FEDERAL WAY CDS 10511 19TH Ave SE, Suite C, Everett, WA 98208 ♦ (425) 357-9600 (phone) ♦ e-mail: dan@kosnik.com Federal Way Performing Arts Storm Water Detention Vault Project No. S=14-060 STRUCTURAL CALCULATIONS INDEX Sheet Design Criteria 01- 03 Lid Review 04 - 09 Wall Design & Footing Design 10 -17 Grated Opening Framing 18 - 23 i Federal Way PeLfQrrning Arts Center Storm Water Detention Vault DESIGN CRITERIA Code: Permitting Agency: Soil Cover: 2012 IBC City of Federal Way 2.4ft min to 3.4ft max e�e- Lid Loading: 150 psf uniform -live load HS20 truck wheel loading Aerial Fire truck wheel loading 75,0001b vehicle wt. Fire Truck outrigger loading 45k over 18" sq pad Grating: Foundation Desi n: Uniform live load does not act concurrently with truck wheel loading. same as lid loading Foundation design is based on the following values presented in the geotechnical report by GeoEngineers dated 12-19-12 and verified by GeoResources Allowable Bearing Pressure: 4,000 psf Lateral Earth Pressures on Vault Walls ( drained level backfill condition): Active: 35 pcf EFW At Rest: 55 pcf EFW Seismic Addition: E == 7H psf Uniform Saturated Soil Density: 12.5 pc:E Material Requirements_ Rebar: Grade 60 Concrete: f c= 4000 psi wall; f'c=3 000 psi footings and grade slab Lid: Pre -cast, Pre -stressed Hollow Core Plank 12-1/2" thick. SITE STRUCTURES Project Vy f� sheet FRONT AXEL: REAR AXEL # 1: REAR AXEL #2: date -el prj. no. HS20-44 HS25-44 72 OOOLBS 90 OOOLBS 8,O0,OLBS 10,000LBS Y 32,000LBS 32,000LBS PM, rrrr�� 40.,OOOLBS 40,000LBS 8,Q0G 1b HS -44 32AOO lb '52,0Cp-1b axle TD' l4rre 6,000 tb HSIS-44 24,000 ib 24,E-1b axie A Some os c reWnding' r W a C"b1hed wela�ht of first two axles V it Y*400%,. use spacing which produces maximum stxm For design of slobs., wterbe of wheel to be i ft from curb I HS 2 _ 44 TRUCK LIVE LOAD ON WALLS Iy �I /,,Q% �' AVERAGE UNIFORM HORIZONTAL LOAD- - SITE STRUCTURES 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 Project FWPAC PRECAST HOLLOW CORE PLANK REVIEW Lid Data Soil Desity 125 pcf Soil Cover depth over lid 3 ft Plank design clear span 22 ft Design Uniform Live Load 150 psf Design Superimposed Load 525 psf Plank capacity based on uniform superimposed load tables see appendix A sheet A4 for load span tables sheet 4 date prj. no. S- 4-0 0 Plank span 28 ft No of tendons 11 Allowable superimposed loads 413 psf Allowable superimposed loads base of design span of 22.25 ft Based on flexural capacity 654 psf Based on shear capacity 520 psf Plank capaciV based on truck load charts see appendix A sheets A2 & A3 for load span chart Plank span 22.25 ft No of tendons 11 Allowable soil cover without knee -walls n/a ft Allowable soil cover with knee -walls 1.75 to 3.5 ft CONCRETE TECHNOLOGY CORPORATION .�;i4b&i' P 121/21 HOLLOW CORE SLAB DIMENSIONS FOR DETAILII N Y t -u rvuminai mum) SPAN -LOAD TABLE ALLOWABLE SUPERIMPOSED LOAD in pounds per square foot Effective No. of SIMPLE SPAN in feet Prestress 112" e . 28 32 1 36 1 40 44 1 48 52 56 60 (KIPS) STRANDS 70:7 3 78 44 20 77.7 4 126 80 49 26 101.3 5 174 117 78 50 27 124.8 6 221 153 106 70 43 23* 148.4 7 267 186 129 89 59 36 172.0 8 307 216 153 108 74 49 29 195.5 9 343 243 174 125 89 61 40 23* 219.1 10 378' 270 195 142 103 73 50 31* 242.7 11 413' 297 217 160 117 85 60 40 24* SECTION PROPERTIES (with shear keys grouted) A = 313 in2 Zt = 1019 ins Zb = 947 ins w = 84 psf 1 = 6136 In4 Yt = 6.02 in Yb = 6.48 in NOTES: 1. The values glven in this table are based on hollow core slabs without shear reinforcement. Superscripts (1, 2, etc.) following values in the table Indicate the number of filled voids required at the ends of slabs to develop the allowable superimposed load. See page 2, "SHEAR" for discussion. 2. Asterisk (*) following values In the table Indicate that the total deflection under all loads is greater than U360 but less than U180. 3. Interpolation between values Is acceptable. bo not extrapolate values into the blank spaces of the table. 4. These Span -Load Tables are Intended as an aid to preliminary sizing. Sound engineering judgement Is required for the application of this Information to specific design cases. 10 MANUFACTURERS OF PRESTRESSED CONCRETE - TACOMA, WASHINGTON Oise 1P ('/"'kfMr P 12 11 O 10 Z i LL. 9 VA CL 0 T 8 u J 0 7 I"_ LL 6 W V 5 J_ O 4 LL O /= 3 V W 2 1 12%" HOLLOW CORE SLAB 45 KIP OUTRIGGER ON 1811Vx18" PADS @ 15'-0" O.C. � tl 4 , jIIlr Number of Filled Voids required - i -. - , • • .� 2 for 2'-0" at each end of each slab. — ,—y , s I 11 Strands .._- L..1..Strands IYsoll -125 p�....,.. - -• _ �. .. _.... J.. i }Y A. Strands �YSo�� = 135 pcf) -.. _. �,.. . ! ` _ 21. 0 . 14 16 18 20 22 1� 24 26 28 30 0. SIMPLE SPAN (ft) 32 34 36 38 GENERAL NOTES: 1.) A minimum cover depth of nine inches is required. 2.) Simple Span is centerline of bearing to centerline of bearing. 3.) -Knee wails are required at all manhole and vent openings. 4.) Interpolation between strand contours is acceptable. DO NOT extrapolate beyond the bounds of this chart. 5.) Soil cover is assumed to be uniform. 6.) Except as noted, soil cover unit weight is assumed to be 120 pcf. 7.) Minimum span length = 14'-0". 8.) The values shown on this chart are in compliance with IBC 2012 & ACi 318-11. 2/10/14 MANUFACTURERS OF PRESTRESSED CONCRETE . TACOMA, WASHINGTON 11 12 11 10 Z LL 9 a 0 8 u J 7 LL 6 W O 5 J O 4 N LL O 3 W 2 2 1 0 IL./L 11Vvi.Vww ..%011%.. ...a-r-%.. HS26-44 fItom: Tpum-,k I -I -ly +...__... lt-000 1. -- - —_ } ;C.._. _ f. _... # - = Number of Filled Voids required j ', Z �' for 2'-0" at each end of each slab. Vent NoW _ `- ... ._tra i I 5trar}ds {ysl =125 ` i •. .. 11 Strands (yfief =135 pcf) - ^ } I — i4 Knee I Walla — �'� .— r -• 14 16 18 20 22�� 24 26 28 30 32 34 36 38 /�V' SIMPLE SPAN (ft) GENERAL NOTES: 1.) A minimum clover, depth of six inches OR a three inch thick cast in place concrete topping slab is required. 2,) Simple Span is centerline of bearing to centerline of bearing. 3.) The Knee Wall envelope represents the maximum span and height of soil cover that can be supported by slabs with standard notches for manhole openings, assuming void fill concrete fc = 3,000 psi. Points failing outside this envelope require knee walls to support the slabs at manhole openings. 4.) Interpolation between strand contours is acceptable. ❑O NOT extrapolate beyond the bounds of this chart. 5.) Soil cover is assumed to be uniform. 6.) Except as noted, soil cover unit weight is assumed to be 120 pcf. 7.) Minimum span length=14'-0". 8.) The values shown on this chart are in compliance with IBC 2012 & ACI 318-11. 9.) The Vent Notch envelope represents the maximum span and minimumimaximum height of soil cover that can be supported by slabs with 6'/z" standard notches In adjacent slabs to accommodate 12" diameter vents, assuming void fill concrete fc = 3,000 psi. Refer to Detail 3 on page 13 of this brochure for vent notch details. 2110/14 MANUFACTURERS OF PRESTRESSED CONCRETE e TACOMA, WASHINGTON 8 --Ofe:� r b - 12 11 O 10 LL 9 a CM %— 8 u J O 7 F LL 6 W 5 _J O 4 LL O 3. C7 w 2 12%" HOLLOW CORE SLAB H S20-44 i# = Number of Filled Voids required 2 1- for2'-0" at each end of each slab. i F Vent Notch9 _ 11 Strands i ~ 11 Strands (ygoir =125 pcf) �\ L.� Sv.nr..l:i �..,., a3::., ..��i:�►�«:iif::l:::::::.:^.G:C ..a. .� ..t . 11 Strands (ygq„ =135 pcf) `9 W 1113 5 14 16 18 20 22N 24 26 28 30 32 34 36 38 /y�/• SIMPLE SPAN (ft) 1'J -1s 0-10&0 GENERAL NOTES: 1.) A minimum cover depth of six inches OR a three inch thick cast in place concrete topping slab is required. 2.) Simple Span is centerline of bearing to centerline of bearing. 3.) The Knee Wall envelope represents the maximum span and height of soil cover that can be supported by slabs with standard notches for manhole openings, assuming void fill concrete fc = 3,000 psi. Points falling outside this envelope require knee walls to support the slabs at manhole openings. 4.) Interpolation between strand contours is acceptable. DO NOT extrapolate beyond the bounds of this chart. 5.) Soil cover is assumed to be uniform. 6.) Except as noted, soil cover unit weight is assumed to be 120 pcf. 7.) Minimum span length = 14'-0". 8.) The values shown on this chart are in compliance with IBC 2012 & ACI 318-11. 9.) The Vent Notch envelope represents the maximum span and height of soil cover that can be supported by slabs with 6%" standard notches in adjacent slabs to accommodate 12" diameter vents, assuming void fill concrete fc = 3,000 psi. Refer to Detail 3 on page 13 of this brochure for vent notch details. 2/10/14 MANUFACTURERS OF PRESTRESSED CONCRETE ® TACOMA, WASHINGTON 7 -el,' �rar . Z LL 9 a 0 N 8` u J � 7 v LL 6 W O 5 V J_ O 4 CO) LL O = 3 O W 2 2 1 0 150 PSF } _ Vent Notch9 3 .. - .. # = Number of Filled Voids required for 2'-0" at each end of each slab. I 11 StrandsX. l I( f i Strands (ysoj, = 125 pcf) ` 11 Strands =135 pcf) a �--- �` - Knee — - - 7 i { -A. 5 14 16 18 20 22\ P 24 26 28 30 # SIMPLE SPAN (ft) 32 34 36 38 GENERAL NOTES: 1.) A minimum cover depth of six inches OR a three inch thick cast in place concrete topping slab is required. 2.) Simple Span is centerline of bearing to centerline of bearing. 3.) The Knee Wall envelope represents the maximum span and height of soil cover that can be supported by slabs with standard notches for manhole openings, assuming void fill concrete fc = 3,000 psi. Points falling outside this envelope require knee walls to support the slabs at manhole openings. 4.) Interpolation between strand contours is acceptable. DO NOT extrapolate beyond the bounds of this chart. 5.) Soil cover is assumed to be uniform. 6.) Except as noted, soil cover unit weight is assumed to be 120 pcf. 7.) Minimum span length=14'-0". 8.) The values shown on this chart are in compliance with IBC 2012 & ACI 318-11. 9.) The Vent Notch envelope represents the maximum span and height of soil cover that can be supported by slabs with 6'/z" standard notches in adjacent slabs to accommodate 12" diameter vents, assuming void fill concrete fc = 3,000 psi. Refer to Detail 3 on page 13 of this brochure for vent notch details. 2110/14 MANUFACTURERS OF PRESTRESSED CONCRETE o TACOMA, WASHINGTON 9 ate SITE STRUCTURES 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 Project FWPAC sheet: f% date: - prj. no. 5-14-OdO Vault Walls - Lateral Pressures Review Minimum soil cover depth to top of wall: Maximum soil cover depth to top of wall: Wall Height: At -Rest soil pressure: Active soil pressure: Uniform Addition to At -Rest soil pressure: Soil Density: _Load Combinations: �1.6 L (soil pressure) + 1.6 L (soil pressure) + Due to HS25 Truck Loadin : 2.4 ft min cover over lid: 3.4 ft max cover over lid: Total Factored Lateral Force: 2.4 ft min cover over lid: 3.4 ft max cover over lid. Due to Uni€orm Surcharge Load: Uniform surcharge: Equivalent lateral force: Total Factored Lateral Force: 3.4 ft max cover over lid: Due to Seismic Actives Uniform seismic addition: E _ Seismic lateral force: Total Factored Lateral Force: 3.4 ft max cover over lid: Combined Load Factor: 3.4 ft 4.4 ft 11.8 ft 55 pcf EFD 35 pcf EFD 100 psf 125 pcf 1.6 L (surcharge/wheel load) 1.0 L (seismic) 75 psf Uniform 56 psf Uniform 12961 plf 13641 plf 15p- psf .66 psf Uniform 13830 plf �pi1v��(,G! .bOP�'OQ 83 psf Uniform 7781 plf 1.52 SITE STRUCTURES 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 Project FWPAC sheet 1.1 date - - prj. no. S-14-060 Soil Density 125 pcf Soil Cover depth to the top of the wall 4.4 ft Ws1 = 242 psf Wall height 11.8 ft Ws2 = 649 psf Soil Pressure EFW 55 pcf Surcharge Information uniform S1 = 150. psf (on surface of ground) Equiv Ws = 66 psf 'truck Ws = 56 psf ( on surface of wall - see design chart) Critical Design Surcharge pressure 66 psf (on the surface of the wall) Calculated Design Forces W1= 308 F1 = 3634.4 lbs R top = 3094 Ibs W2= 649 F2 = 3829.1 Ibs R bot = 4370 Ibs M1 = 5361 M2 = 5797 Wall Reiinforcing Wall thickness Clear cover Rebar size Rebar area Bar spacing Rebar strength fy conc strength fc Load Factor M total= 11158 ft-Ibs 10: inches Comp block (a) = 2 inches Depth to CL bar (d) = 7 d-all = 0.60 sq-in 10 inches (DMn = 60 ksi -4000 psi Mu = 1:6 max tension reinforcing spacing: fs = 26387: psi S = s= Smax = Anchorage at Top of the Wall Ru = 4950 Of Rebar Dowel Size = Dowel Area = Shear capacity of Dowel = 10944 plf Dowel strength fy= Bearing capacity of Dowel = 5670 plf Dowel Spacing = Dowel brg length = conc strength fc = 1.06 inches 7.56 inches 7.03 inches 22834 ft-Ibs 17862 ft-Ibs 17.7 in 18.2:in 17.7 in - OK 0.76 sq-in 60 ksi 20 inches 2.25 inches 3000 psi Anchorage at Bottom of the Wall Ru = 6992 plf Rebar Dowel Size = 5 Dowel Area = 0.31 sq-in Nominal Shear friction capacity Dowel strength fy= 60 ksi of the footing to wall Dowel 11383 plf Dowel Spacing = 10 inches Coefficient of friction = 0.6 smooth surface SITE STRUCTURES 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 Proj ect FWPAC sheet date I r prj. no. S-14-060 Design Data (+f 29� Soil Density 125 pcf Soil Cover depth to the top of the wall 4.4 ft Ws1 = 242 psf Wall height 11.8 ft Ws2 = 649 psf Soil Pressure EFW 55 pcf Surcharge Information uniform S1 = 150 psf (on surface of ground) Equiv Ws = 66 psf truck Ws = 56 psf ( on surface of wall - see design chart ) Critical Design Surcharge pressure = v 0 psf (on the surface of the wall) Calculated Design Forces _ W1= 242 F1 = 2855.6 Ibs R top = 2704 Ibs W2= 649 F2 = 3829.1 Ibs R bot = 3981 Ibs M1 = 4212 M total= 10009 ft-Ibs M2 = 5797 Wall Reinforcinq Wall thickness 10 inches Comp block (a) = 1.06 inches Clear cover 2 inches Depth to CL bar (d) = 7.56 inches Rebar size 7 d-a/2 = 7.03 inches Rebar area 0.60 sq-in Bar spacing 10 inches (PMn = 22834 ft-Ibs Rebar strength fy 60 ksi conc strength fc 4000 psi Mu = 16014 ft-Ibs Load Factor 1.6 max tension reinforcing spacing: % = 23671 psi V s = 20.3 in s = 20.3 in Smax = 20.1 in - OK Anchorage at Top of the Wall Ru = 4327 Of Rebar Dowel Size = 8 Dowel Area = 0,76 sq-in Shear capacity of Dowel = 10944 plf Dowel strength fy= 60 ksi Bearing capacity of Dowel = 5670 plf Dowel Spacing = 20 inches Dowel brg length = 2.26 inches conc strength fc = 3000 psi Anchorage at Bottom of the Wall Ru = 6369 plf Rebar Dowel Size = Dowel Area = 0,31 sq-in ( Nominal Shear friction capacity Dowel strength fy= 60 ksi of the footing to wall Dowel 11383 plf Dowel Spacing = :10 inches Coefficient of friction = 0.6 smooth surface SITE STRUCTURES Project FWPAC 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 INTERIOR WALL HEADER GEOMETRY AND LOADS ANALYSIS Header Overburden & Uniform Loads sheet date - 0 • prj. no. 5-14-060 Lid weight 90 psf Soil Desity 125 pcf Load Factors Soil Cover depth over lid 3 ft LL 1.6 Plank design clear span left 22 ft DIL 1.2 Plank design clear span right 22 ft Design Uniform Live Load 150 psf Lid tributary width to header 22 ft Uniform service load to header 13530 plf Uniform factored load to header 17556 plf Truck Wheel Loads to Header Truck type H8-25 Axle Load 40000 Ibs Wheel Spacing 6 ft Cover depth 3.0 ft Axle assumed centered over & perpendicular to header distribution width 6.50 ft opening width 8A0 ft distribution length 13.00 ft length ea side of hdr 6.50 ft uniform load @ top of plank 473 psf wheel load to header from left span 2622 plf wheel load to header from right span 2622 plf Total wheel load to header 5245 plf Factored wheel load to header 8392 plf Design Loads & Forces in Header Service 18.8 klf Factored 25.9 klf Critical section for shear is at 1.2 feet from the face of the support Design Vu = 73 k Design Mu = 208 k-ft SITE STRUCTURES 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 Project FWPAC INTERIOR WALL HEADER DESIGN Header Data sheet date prj. no. 5-14-060 Header width 8 inches Concrete Strength 4000 psi Header span 8.00 ft Header depth — 46 inches d = 43.00 inches In/d ratio 2.23 Deep Beam limit In/d < 5.0 Min shear steel ( Area / spacing ) ratio 0.012 Min Rebar spacing Max spacing of shear steel 9.2 inches # 3 @ 9.17 # 4 @ 16.67 Min horiz steel ( Area / spacing ) ratio 0.02 # 4 @ 10.00 Max spacing of horzontal steel 15.33333 inches # 5 @ 15.50 Review shear capacity of header Reinforcing yield strength 60 ksi Shear reinforcing area 0.21 sq in Horz reinf area 0.31 sq in spacing _ 6 in Horz reinf spacing 12 in Reinf shear capacity OVs •66 k Conc shear capacity (l)Vc 37: k Total Shear Capacity 103 k Factored shear Vu 73 k Max (PVn @ In/d < 2 148 k Max (PVn @ 2 < In/d < 5 16214 k Review flexural capacity of header min As based on 200 bwd/fy 1.146667 sq inches min As based on eq 10-3 1.09 sq inches As reqd based on bending model 1.13 sq inches As reqd based on tie - strut model assume Vu is focused @ the center of the header then Tu = 81.10 k \ �� As reqd = 1.50 sq inches - %G A4 -- 1, �1 SITE STRUCTURES Project FWPAC 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 INTERIOR WALL HEADER DESIGN Header Data sheet date — - prj. no. 5-14-060' Header width 8 inches Concrete Strength 4000 psi Header span 8.00 ft Header depth tr 58 inches d = 55.00 inches In/d ratio 1.75 Deep Beam limit In/d < 5.0 Min shear steel ( Area / spacing ) ratio 0.012 Min Rebar spacing Max spacing of shear steel 11.6 inches # 3 @ 9.17 # 4 @ 16.67 Min horiz steel ( Area / spacing ) ratio 0.02 # 4 @ 10.00 Max spacing of horzontal steel 19.33333 inches # 5 @ 15.50 Review shear capacity of header Reinforcing yield strength 60 ksi Shear reinforcing area 0.21 sq in Horz reinf area 0.31 sq in spacing 6 in Horz reinf spacing 12 in Reinf shear capacity OVs 83 k Conc shear capacity We 47 k Total Shear Capacity 130 k Factored shear Vu 73 k Max Wn @ In/d < 2 189 k Max Wn @ 2 < In/d < 5 19630 k Review flexural capacity of header min As based on 200 bwd/fy 1.466667 sq inches min As based on eq 10-3 1.39 sq inches As reqd based on bending model 0.87 sq inches As reqd based on tie - strut model assume Vu is focused @ the center of the header then Tu = 6.41 k As reqd gd = 1.17 sq inches SITE STRUCTURES Project FWPAC 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 Design Data: Wall Foundation Loads A Soil Desity 125: pcf Soil Cover over the lid 3 ft Plank weight Uniform Live Load Truck Rating Wall Height 90 psf is sheet date I 'S prj. no. S-14-060 Per. wall Cell Width 22 ft Int. wall Cell Width left 22 ft Int. wall Cell Width right 22 ft 1:60 psf H325-44 Front Axle Load 10000 Ibs Rear Axle #1 Load 40000 Ibs 11.8 ft Rear Axle #2 Load 4.0000 Ibs Total vehicle wt 90000 Ibs Truck Wheel Load Distribution to Perimeter Wall Foundation Truck Per endicular to the Perimeter wall w1 rear axle #2 directly over wall & distance to axle #1 = 14ft total truck load to wall = 54545 Ibs distribution width = 37.6 ft Load @ base of wall = 1451 plf Truck Parallel to the ,perimeter wall w/one wheel over wall & 2nd wheel on plank Oncl axle 1&2 only total truck load to wall = 69091 Ibs talc distribution width = 45.6 ft Load @ base of wall = 1615 plf Truck Wheel Load Distribution to Interior Wall Foundation Truck Perpendicular to the e int. wall wl rear axle #2 _centered over the wall & dist between axles = 14ti total truck load to wall = 54545 Ibs distribution width = 37.6 ft Load '@ base of wall = 1461 plf Truck Perpendicular to the interior wall w1 rear axle #2 directly over waU & distance to axle #1_ =_14ft total truck load to wall = 54545 Ibs left plank Load @ base of wall = 1461 plf total truck load to wall = 54545 Ibs right plank Load @ base of wall = 1451 plf distribution width = 37..6 ft Truck Parallel to the interior wall w1 one wheel over wall & 2nd wheel on blank Oncl axle 1 &2 only ) total truck load to wall = 69091 Ibs left plank Load @ base of wall = 1515 plf total truck load to wall = 69091 Ibs right plank Load @ base of wall = 1515 plf distribution width = 45.6 ft _Truck Parallel to the interior wall w1 the truck centered over the wall Oncl axle 1&2 onlz total truck load to wall = 69091 Ibs distribution width = 45:6 ft Load @ base of wall = 1516 plf Uniform Live Load distribution to Wall Footi Perimeter Wall 1650 plf Interior Wall 3300 plf SITE STRUCTURES Project FWPAC sheet I _ 10511 19th Ave SE, Suite C date - �7 Everett, WA, (425)-357-9600 prj. no. S-14-060 Design Data: Wall Foundation Design _ Allowable Bearing Pressure 4000 psf Per. wall Cell Width 22 ft Rebar strength fy = 60 ksi Int. wall Cell Width left 22 ft Concrete strength = 3000 psi Int. wall Cell Width right 22 ft Soil Desity 125 pcf Plank weight 90 psf Soil Cover over the lid 3 ft Wall Height 11.8 ft Wall Thickness 10 inches Perimeter Wall Foof ncj Design _._ L.F Wu Design live load 1650 plf 1.6 2640 pif Soil Cover dead load 4438 plf 1.2 5325 pif Plank dead load 1065 plf 1.2 1278 pif Wall dead load 1475 pif 1.2 1770 pif total dead load 6978 pif 8373 plf Total live + dead Load 8628 pif 11013 pif Required Ftg Width 2.2 ft Selected Ftg Width 2.5 ft Selected Ftg Thickness 14 in Qu = 4405 psf As regd = 0.03 sq-in/ft Asmin = 0.43 sq-in/ft 1.33 x As regd = 0.04 sq-in/ft Mu = 1530 ft-Ibs at face of wall Vu = 3671 plf at face of wall phi Vn= 11732 plf at face of wall Interior Wall Footinq Design L.F Wu Design live load 3300: plf 1.6 5280 pif Soil Cover dead load 8250 plf 1.2 9900 pif Plank dead load 1980 pif 1.2 2376 pif Wall dead load 1475 plf 1.2 1770 pif total dead load 11705 plf 14046 plf Total live + dead Load 15005 pif K .� 19326 plf Required Ftg Width Selected Ftg Width Qu = 4832 psf As regd = 0.13 sq-in/ft Asmin = 0.43 sq-in/ft 1.33 x As regd = 0.17 sq-in/ft 3.8 ft 4 ft Selected Ftg Thickness Mu = 6056 ft-Ibs at face of wall Vu = 7650 pif at face of wall phi Vn= 11732 pif at face of wall 14 in SITE STRUCTURES Project FWPAC sheet: 10511 19th Ave SE, Suite C date: Everett, WA, (425)-357-9600 prj. no. S-14-060 Reinforcing at Top of Wall Below Grated Opening Desian Data Top of Footing to Inside Top of Vault (1-11) Top of Footing to Finished Grade (1-12) Soil Pressure EFW Controlling Lateral Surcharge Grating Span SURCHARGE W52 Calculated I Fbot of curb = Fbot of wall = Mwall unlform = Mwall triangle = Load Factor Wu= SOIL PRESSURE WS1 gn Forces 124.35 plf 830 pif 10235 ft-Ibs 15176 ft-Ibs 1.6 3437 Wall Reinforcing 11.83 ft curb height 14 ft curb horz reinf bar 55 pcf curb horz reinf spacing 60 psf depth to center of reinf 10 ft curb thickness GRATE M U horz curb = (pMncurb = Mbase of wall = R= MU horz wall = VAULT 1554 ft-Ibs 5107 ft-Ibs 25411 ft-Ibs 2148 pif 42960 ft-Ibs 1.17 ft 5 12 in o/c 4 in 8 in Ws1 = 770 Ws2 = 60 curb self -supported Wall Thickness 10 in Addl Horz Reinf 6 Clear Cover 2 in # of Addl Bars 3 Vert Rebar Size 7 As @ Top of Wall 1,33 sq-in Rebar Area 0.60 sq-in conc strength fc 4000 psi depth to reinf (d) 6.75 in Closure Reinf (3) - # 6 comp block (a) 1.95 in As in Closure 1.33 sq-in d - a/2 5.78 in OMn = 68889 ft-Ibs Mu = 42960 ft-Ibs SITE STRUCTURES 10511 19th Ave SE, Suite C Everett, WA, (425)-357-9600 Project Beam Design Below Grated Opening Design Data Height of Curb: 2.5 ft Curb Thickness: 6 in Soil Density: 125 pcf Beam Width: 12 in Beam Span: 6.67 ft Truck Rear Axle Load: 32 k Calculated Design Forces Soil Weight = 104 pif Curb Weight = 250 pif Self Weight— 156 pif Max Beam Reaction 23000 lb Load Factor: DL 1.2 LL 1A Wu = 613 pif Pu = 36800 lb Design for Flexure Reinf Size 6 ----- # of Top & Bot Reinf 3 Area of Steel 1.33 sq-in Depth to Reinf (d) 28.13 in Comp Block (a) .2.60 in d - a/2 26.83 in c0Mn = 169987 ft-Ibs Desian for Shear Tie Reinf Size 4 Area of Steel 0.20 Depth to Reinf (d) 1 p..50 Max Spacing 5.25 in Reinf Spacing 5, in 4)Vc = 5866 Ibs (PVs = 42067 Ibs (PVc +4)Vs = 47923 Ibs Mu = 102270 ft-Ibs Vu = 61331 Ibs sheet: date: - y prj. no. 1"-011 OR 2'-011 VJ I� ite tructure A Division of Kosnik Engineering PC Projeot H- 0 -: Ad I , x,� V/lp r Sheet �v Date 7 Job No v r� organ Ito Project Sheet / tructur@s - Date _ A Glvisinn of Kosnik Engineering PC Job No Nip f -1* �Q. -OrA-�j 144, �ga, d. 5,0) isite Sheet Project �. r � f tructure$ pate A DIvlslon of Koenik Engineering PC Job No OAD AB9., BEARING BARS 1-3116" ON CENTER, CROSS BARS 4" 4N CENTER (2" ❑iii H 20 TRUCK H-15 TRUCK H-10 TRUCK AUTO TRAFFIC BEARING WEIGHT LBS SECTION MOD, CROSS BAR H-20 TRUCK H-15 TRUCK BAR SIZE PER SQ. FT. PER FL OF WIDTH SIZE 1 x 1/4 10.1 0.421 1'-1 0'-10" 1 x•5/16 12.3 0.526 SEE 1'-1" 0'-11" 1'-2'I 11_011 1 x 3/8 :6__..-..._.. 0632 ,,.::•.Yu.. -, • ci s�'�rgM *, 1-1/Z x 1-1/2 x mim 5x 5x ��n:�� gig.. �u+��:.��--�x-.:.•��_..,.�,.,..,.....w._......�.-____.. ----- 14.6 0.947 18.0 1.184 BAR 1'-6" 21.3 - 1.421 19.1 1.684 - 1'-10" 11 1'_81' 23.6 2.105 TABLE + Z,-11, 2'-111I 28.2 .526 I 23.7 2.631 2_911 21_311 29.3 3.289 10 2;"9;; 21-711 32.E 5:�57 a:-..v 41_8n ' An 7 A 4Q7 68.9 15.78-8 „�� •n 1111 7 x 1/4 (Y4.o 4v.o147 7 x 3/8 96.0 30.944 101 1" 10'-0" 7 x 1/2 127.3 41.258 -11" lit -lit WHEN RECORDED RETURN TO CITY OF FEDERAL WAY P. 0. BOX 9718 FEDERAL WAY, WASHINGTON 98063 0 111111111111111111111111111111 20101222000938 PAGE WO 63,00 E2471827 12/22/2020 12:31 KING COUNTY, WA SALE 530.00 PAGE-001 OF 001 CHICAGO TITLE INSURANCE COMPANY STATUTORY WARRANTY DEED THE GRANTOR(S) PAL -DO COMPANY, INC., A WASHINGTON CORPORATION for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION the following described real estate situated in the County of KING State of Washington: LOT 3 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER RECORDING NUMBER 8612129019, IN KING COUNTY, WASHINGTON. SUBJECT TO: EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT W AND BY THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN. G CHICAGO TITLE INS. CO. REF# i 3 t ' -- - APR 2 4 2014 Tax Account Number(s): 092104-9166-03 CIP,• OF FEDERAL WAY CDS Dated: DECEMBER 20, 2010 PAL -DO COMPANY, INC. STATE OF W S INGTON 88 COUNTY n I CERTIFY THAT I OW OR HAVE SATISFACTORY EVIDENCE THAT BYUNG C. PARR AND YOUNG S. PARK ARE THE PERSONS WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT THEY SIGNED THIS INSTRUMENT, ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS PRESIDENT AND VICE PRESIDENT OF PAL -DO COMPANY, INC. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED- 9 _-Al ' y n_ v PR NTE NAME: NO AR PUBLIC ,AND R TE;E 5 AT OF WASHINGTON RSSI ING AT MY APPOINTMENT kxoRES JANN CLAY NOTARY FUaLlic STATE OF Wb,�f litri UPS uOt�l�iSSfOtt F.�Hr��"a JUKE ?5. 2014 CHICAGO TITLE INSURANCE COMPANY EXHIBIT A EscrowNo.:4360255 TERMS AND CONDITIONS OF STORM DRAIN EASEMENT, ESTABLISHED OVER ADJOINING LANDS FOR THE BENEFIT OF SAID PREMISES AND OTHER PROPERTY BY INSTRUMENT: RECORDED: RECORDING NUMBER: JULY 15, 1987 8707150886 UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM TOGETHER WITH ALL NECESSARY OR CONVENIENT APPURTENANCES AREA AFFECTED: A STRIP OF LAND 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE WEST 65 FEET AND WITHIN THE SOUTH 55 FEET OF THE EAST 55 FEET OF THE WEST 120 FEET OF SAID PREMISES RECORDED: SEPTEMBER 14, 1987 RECORDING NUMBER: 8709140815 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: WATER FACILITIES AND ALL APPURTENANCES AREA AFFECTED: PORTIONS OF SAID PREMISES RECORDED: MARCH 28, 1988 RECORDING NUMBER: 8803280350 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: SEWER FACILITIES AND ALL APPURTENANCES .0 CHICAGO TITLE INSURANCE COMPANY EXHIBIT A (continued) Escrow No.: 4 3 602 5 5 EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: RECORDED: RECORDING NUMBER: REGARDING: TRU PROPERTIES, INC., SUCCESSOR -IN -INTEREST TO TOYS "R" US, INC., A DELAWARE CORPORATION WAL-MART STORES, INC., A DELAWARE CORPORATION DECEMBER 24, 1998 9812240445 ESTABLISHMENT OF EASEMENT FOR INSTALLATION, MAINTENANCE AND REPAIR OF A TRAFFIC SIGNAL ON A NORTHWESTERLY PORTION OF SAID PREMISES. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: FEBRUARY 18, 1957 4772705 COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SURVEY RECORDED UNDER RECORDING NUMBER 8612129019. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: OCTOBER 24, 2006 RECORDING NUMBER: 20061024000518 COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: SEPTEMBER 27, 2007 20070927002037 TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 8106010916. MATTERS'DISCLOSED BY A SURVEY OF SAID PREMISES BY BASELINE ENGINEERING, INC. , DATED DECEMBER 7, 2010 UNDER JOB NO. 10-099 AS FOLLOWS: Chicago Title Insurance Company C \A(, Conk,(" OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TTTLE INSURANCE COMPANY, a Nebraska corporation (the "Com- pany") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of. 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing impruvcments located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. FORM 72-031-06 (6/08) ALTA Owner's Policy (6.17-06) CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, IVA 98104 Order No.: 001316532 PROPERTY ADDRESS: 31510 20TH AVENUE SOUTH Your No.: 31510 20TH AVE S ESCROW# 4360255 FEDERAL WAY, WASHINGTON CITY OF FEDERAL WAY P. O. BOX 9718 FEDERAL WAY, WASHINGTON 98063 Attu: SHIP PRIEST, MAYOR Enclosed are your materials on the above transaction If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. ««««««««««««««««««<»»»»»»»»»»»»»»»»»»» TrME UNIT 6 TELEPHONE: (206) 628-5610 FAX: (206) 628-9717 TOLL FREE: (800) 627-053D DARYL SAVIDIS SENIOR TITLE OFFICER AND UNIT MANAGER (EMAIL: DARYL.SAVIDIS@CIT.COM) DAVID P. CAMPBELL SENIOR 1111E OFFICER (EMAIL: DAVID.CAMPBELL@C1T.COM) E= EISENBREY TITLE OFFICER (E-MAIL: KF{Pf' MSENBREY@CIT.COM) MIKE HARRIS TITLE OFFICER (E-MAIL: MCHAELHARRIS@CTT.COM) <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> duet/rda/0120M CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 PHONE: (206)628-5610 FAX: (206)628-9717 Extended Owner's Policy of Title Insurance SCHEDULE A Policy No: 1316532 Your Ref: 31510 20TH AVE S ESCROW# 4360255 Address Reference: * * * SEE ATTACHED Amount of Insurance: $ 5, 3 7 5, 0 0 0.0 0 Premium: $ 7, 8 3 6.0 0 DateofPolicy: DECEMBER 22, 2010 at: 12:32 PM 1. Name of Insured: CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION 2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3. Title is vested in: CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION 4. The Land referred to in this policy is described as follows: LOT 3 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER RECORDING NUMBER 8612129019, IN KING COUNTY, WASHINGTON. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 080P1SA 11/14/07 bk • CHICAGO TITLE INSURANCE COMPANY ( Address Reference of Schedule A Exhibit) Policy No: 1316 53 2 31510 20TH AVENUE SOUTH, FEDERAL WAY, WASHINGTON TAX NO. 092104-9166 OOOPSAPC 11/14/07 bk CHICAGO TITLE INSURANCE COMPANY Extended Owner's Policy of Title Insurance SCHEDULE B Policy No:001316532 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: GENERAL EXCEPTIONS: au A. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. B. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL. C_ UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO; RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. D. WATER RIGHTS, CLAIMS, OR TITLE TO WATER. 06OPESBG 10/31/07 bk E CHICAGO TITLE INSURANCE COMPANY Extended Owner's Policy of Title Insurance SCHEDULE B Policy No: 1316532 SPECIAL EXCEPTIONS: n 1. TERMS AND CONDITIONS OF STORM DRAIN EASEMENT, ESTABLISHED OVER ADJOINING LANDS FOR THE BENEFIT OF SAID PREMISES AND OTHER PROPERTY BY INSTRUMENT: IF F RECORDED: RECORDING NUMBER: JULY 15, 1987 8707150886 2. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM TOGETHER WITH ALL NECESSARY OR CONVENIENT APPURTENANCES A STRIP OF LAND 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE WEST 65 FEET AND WITHIN THE SOUTH 55 FEET OF THE EAST 55 FEET OF THE WEST 120 FEET OF SAID PREMISES SEPTEMBER 14, 1997 8709140815 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: 090PESBS 10/31/07 bk FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION WATER FACILITIES AND ALL APPURTENANCES PORTIONS OF SAID PREMISES MARCH 28, 1988 8803280350 1 CHICAGO MLE INSURANCE COMPANY SPECIAL EXCEPTIONS CONTINUED: c x z r SCHEDULE B ( CONTINUED. ) Policy No: 0 01316 53 2 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION SEWER FACILITIES AND ALL APPURTENANCES PORTION OF SAID PREMISES LYING WITHIN A STRIP OF LAND 10 FEET IN WIDTH MARCH 13, 1989 8903130453 5. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: TRU PROPERTIES, INC., SUCCESSOR -IN -INTEREST TO TOYS "R" US, INC., A DELAWARE CORPORATION AND: WAL-MART STORES, INC., A DELAWARE CORPORATION RECORDED: DECEMBER 24, 1998 RECORDING NUMBER: 9812240445 REGARDING: ESTABLISHMENT OF EASEMENT FOR INSTALLATION, MAINTENANCE AND REPAIR OF A TRAFFIC SIGNAL ON A NORTHWESTERLY PORTION OF SAID PREMISES. 6. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: FEBRUARY 18, 1957 4772705 7. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SURVEY RECORDED UNDER RECORDING NUMBER 8612129019. x 8. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL 060PEBSC 10/31/07 bk • 0 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (CONTINUED) Policy No:001316532 SPECIAL EXCEPTIONS CONTINUED: STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: OCTOBER 24, 2006 20061024000518 Y 9. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: SEPTEMBER 27, 2007 20070927002037 N 10. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 8106010916. AD 11. MATTERS DISCLOSED BY A SURVEY OF SAID PREMISES BY BASELINE ENGINEERING, INC. , DATED DECEMBER 7, 2010 UNDER JOB NO. 10-099 AS FOLLOWS: A.) POSSIBLE ENCROACHMENT OF SIDEWALK ONTO A SOUTHERLY PORTION OF SAID PREMISES; ao 12. DECLARATION OF RECIPROCAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT, AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HILLSIDE PLAZA ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY AND: CITY OF FEDERAL WAY, A MUNICIPAL ORGANIZTION AND: PAL -DO COMPANY, INC., ,AWC RECORDED: DECEMBER 22, 2010 RECORDING NUMBER: 20101222000939 060PEBW 10/31/07 bk • CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (CONTINUED) Policy No:001316532 SPECIAL EXCEPTIONS CONTINUED: ** END OF SCHEDULE 8 ** I HORI� SIGNATORY Loan Policy Endorsements: N/A Owner's Policy Endorsements: 9.2-06, 25-06, 17-06, AND 18-06 06OPEBSC 10/31/07 bk Your R ncc: 31510 2ffWFE 5 ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT - FORM 9.2-06 (Owner's Policy - Improved Land) The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions or restrictions, or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. e. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings: a. That are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; b. Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 3. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping or driveways, excepted in Schedule B. 4. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraphs La. and 4 the words "covenants, conditions or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B. $Noc7rtsli/RDA/0%' Your *nce: 31510 20'I'1I AVB 5 ESCROW# 436025S ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. ' Authorized ignatory Kota: s endorsement shall not be r or binding until countersigned by an authorised signatory ENDOR$£CIRDA!0999 Your *ace: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA 25-06 (SURVEY) The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule A to be the same as that identified on the survey made by BASELINE ENGINEERING, INC., dated DECEMBER 10, 2007 and designated Job No.10-099. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or increase the face amount thereof. -) �'<F �:� Authorized ignatory Nate This endorsement shall not be VAaTd or binding until countersigned by an authorised signatory ENDORSEC/RnA/0999 Your lnce: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and fornring a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT FORM 17-06 (Access and Entry) The company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and have both actual vehicular and pedestrian access to and from 2MH AVENUE SOUTH AND SOUTH 316TH STREET (the "Street"), (ii) the street is not physically open and publicly maintained, or (iii) the insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provisions of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. X_-yy5_ 2, av"__ -Authorized ignatozy HoC This endorsement shall not be d or binding until countersigned by an autboriaed signatory 69DMUSC/RDA/0999 Your *Me: 315I0 =1 AVE 5 FSCROW 436Q255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT FORM 18-06 (Single Tax Parcel) The Company insures against loss or damage sustained by the Insured by reason of the Land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate taxes. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the poficy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Y,P-- k,5- L-aLL'=4 Authorized Signatory Note: TbAp endorsement ehall not be valid binding until countersigned by an authorized signatory ENDORSEC/RDA/0999 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered disk 7 or S. 3. Defects, liens, encumbrances, adverse claims, or other matters : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the Coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the True as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer: of (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS Covered Risk 5(d), "Public Records" shall also include environmental pro - The following terms when used in this policy mean: • tection liens filed in the records of the clerk of the United States District (a) "Amount Of Insurance': The amount stated in Schedule A. as may be in- creased or decreased by endorsement to this policy, increased by Section Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. 8(b), or decreased by Sections 10 and 11 of these Conditions. "Date A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would a purchaser or lessee of the TStle or lender on the (b) "Date of Policy": The date designated as of Policy" in Schedule (c) "Entity": A corporation, partnership, trust, limited liability company, or permit prospective Title to he released from the obligation to purchase. lease. or lend if there is other similar legal entity. a contractual condition requiring the delivery of marketable title. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes Z CONTINUATION OF INSURANCE (A) successors to the Title of the hnsured by operation of law as dis- The coverage of this policy shall continue in force as of Date of Policy in favor of Insured, but only so long as the insured retains an waste or interest in the lurid, or tinguished from purchase, including heirs, dcvisues, survivors, personal representatives, or next of kin; an holds an obligation secured by a purchase money Mortgage given by a purchaser from (B) successors to an Insured by dissolution, merger, consolidation, the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Tine. This policy shall not continue in farce in distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of favor of any purchaser from the Insured of either (1) an estate or interest in the Land, or Entity; (ii) an obligation secured by a purchase money Mortgage given to the Insured. (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CI-AUdANT (1) if the stock, shares, memberships, or other equity interests The Insured shall notify the Company promptly in writing (i) in case Of any litigation of the grantee are wholly -owned by the named Insured, as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Tide. as insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of and that might cause loss or damage for which the Company may be liable by virtue of the named Insured, provided the affiliated Entity and the this policy. or (iii) if the Tide, as insured, is rejected as Unmarketable Title. If the named Insured are both wholly -owned by the same person Company is prejudiced by the failure of the insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created the extent of the prejudice. by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the and defenses as to any successor that the Company would have had Company may, at its option, require as a condition of payment that the Insurer! Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. encumbrance, or other matter insured against by this policy that constitutes the basis of (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge loss or damage and shall state, to the extent possible, the basis of calculating the amount or notice that may be imputed to an Insured by reason of the Public Records of the loss or damage. or any other records that impart constructive notice of matters affecting the 5. DEFENSE AND PROSECUTION OF ACTIONS Title. (g) "Land": The land described in Schedule A, and affixed improvements that "Land" (a) Upon written request by the Insured, and subject to the Options contained in Section 7 of these Conditions. the Company, at its own cost and without by law constitute real property. The term does not include any prop- erty beyond the lines of the area described in Schedule A, nor any right, unreasonable delay, shall provide for the defense of an Insured in litigation tile, interest, estate, or casement in abutting suuM roads, avenues, alleys, in which any third party asserts a claim covered by this policy adverse to lanes, ways, or waterways, but this does not modify or limit the extent that the lnsum& This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the a right of access to and from the land is insured by this policy, (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instru- right to select counsel of its choice (subject to the right of the Insured to ment, including one evidenced by electronic means authorized by law. object for reasonable cause) to represent the Insured as to those stated causes It shall not be liable for and will not pay the fees of any other (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real of action. counsel. The Company will not pay any fees, costs, or expenses incurred property to purchasers for value and without Knowledge. VAth respect to by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Com- pany, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com- pany is prejudiced by the failure of the insured to furnish the required coop- eration, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reason- able times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis- sion to secure reasonably necessary information from third parties as re- quired in this subsection, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the In- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga- tions of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an rized by the Company up to the time of payment and that the Com- pany is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. & DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions_ 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent juris- diction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liabil- ity voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LI- ABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Com- pany up to the time of payment and that the Company is obligated to (b) pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were autho- Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attomeys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. I" Return Address: City of Federal Way Attn: John Mulkey, Street Systems Project Engineer 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 IIIa�II��IW�lI'IN��I�W 20110217000059 CITY OF FEDERA WD 65.00 PAGE-001 OF 004 02/17/2011 09:49 KING COUNTY, WA E2478984 02/17/2011 n :49 KING COUNTY, WA TAX $10.00 SALE $0.00 PAGE-001 OF 001 STATUTORY WARRANTY DEED Grantor (s): CITY OF FEDERAL WAY, a Washington municipal corporation GRANTEE (S): CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION Legal Description: That portion of Lot 3 of Survey recorded in Volume 52 of Surveys, page 220 under recording number 8612129019, in King County Washington; Together with easements for vehicular and pedestrian access and parking as created under recording number 8612191598 and as modified under recording number 8704071270. SEGREGATION REQUIRED ADDITIONAL LEGAL(S) ON: EXHIBIT "A" ASSESSOR'S TAX PARCEL ID#(S): 092104-9166 The Grantor, CITY OF FEDERAL WAY, a Washington municipal corporation, for and in consideration of Ten Dollars ($10.00), conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation, for the purpose of right-of-way, the real property described in Exhibit "A" and depicted in Exhibit "A-1" herewith attached and made a part hereof. -1- PARCEL:0921 "I- r0 APR 2 4 2014 CITY OF FEDERAL WAY CDS DATED THIS _ —�315r- day of , 2011. GRANTOR CITY OF FEDERAL WAY B : / �` �of y tf��' 4CaryM. Ro�P,-, Directorks, Public Works and Emergency Management 33325 8'h Avenue S Federal Way, WA 98003-6325 STATE OF WASHINGTON ) ss. County of KING ) On this ��-�kdayof 4jqn u a W 2011, before me personally appeared CARY M. ROE, P.E., and sAid person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director of Parks, Public Works and Emergency Management for the City of Federal Way, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument GIVEN my hand and official seal the day and year last above written. 0ald ftnM&6�3 CMOL ANi l tlY Notary (print name) 1 MI. NOTARY PUKX Notary Public in and for the State of STATE Of WA9NWOSO a N Residing at comme" EXOPM8 My Appointment expires f 2 2 2Qi2. -2- PARCEL: 092104-9166 EXHIBIT A PARCEL NO. 092104-9166 RIGHT OF WAY THE EAST SEVEN FEET OF THE HEREINAFTER DESCRIBED PARCEL "A" CONTAINING 3636.60 SQUARE FEET, MORE OR LESS PARCEL "A": (PER CHICAGO TITLE INSURNACE COMPANY ORDER NO. 1316532, DATED NOVEMBER 15, 2010.) LOT 3 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER RECORDING NUMBER 8612129019, IN KING COUNTY WASHINGTON; TOGETHER WITH EASEMENTS FOR VEHICULAR AND PEDESTRIAN ACCESS AND PARKING AS CREATED UNDER RECORDING NUMBER 8612191598 AND AS MODIFIED UNDER RECORDING NUMBER 8704071270. -3- PARCEL: 092104-9166 .i"fl I I +7' 30'�I ! ROW ICI I I � � 3 I ! c) M I cu cu a ! of o f Z Ln� 1 I I � 7'-WIDE RIGHT OF WAY AREA = 3,636.60 SF 1 I j PARCEL NO. I Li 092104-9116 !> ~" Q NE 1/4, SW 1/4, SEC. 9, T. 21 N., I = I R. 4 E., W.M. I �— A = 36.52'11'1 R=35.00 Ckj L=22.52' 1 I NTS PUBLIC WORKS Federal Way DEPARTMENT SW 316TH ST. EXHIBIT A-1 PARCEL NO. 092104-9166 FILE: PACC ROW I RIGHT OF WAY I CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 Order No.: 001316532 PROPERTY ADDRESS: 31510 20TH AVENUE SOUTH Your No.: 31510 20THAVE S ESCROW# 4360255 FEDERAL WAY, WASHINGTON CITY OF FEDERAL WAY P. O. BOX 9718 FEDERAL WAY, WASHINGTON 98063 Attn: SKIP PRIEST, MAYOR Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. TITLE UNIT 6 TELEPHONE. (206) 628-5610 FAX: (206) 628-9717 TOLL FREE: (800) 627-0530 DARYL SAVIDIS SENIOR TITLE OFFICER AND UNIT MANAGER (E-MAIL: DARYL.SAVIDIS@CIT.COM) DAVID P. CAMPBELL SENIOR TITLE OFFICER (E-MAIL: DAVID.CAMPBELL@CTT.COM) KEITH EISENBREY TITLE OFFICER (E-MAIL: KEITH.EISENBREY@CTT_COM) MIKE HARRIS TITLE OFFICER (E-MAIL: MICHAEL.HARRIS@CTT.COM) RECEIVED FEB 14 2014 CITY OF FEDERAL WAY CDS ti[let/rda/012004 x Chicago Titte Insurance Company OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation (the "Com- pany") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; G (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an -accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. FORM 72-031-06 (6/08) ALTA Owner's Policy (6-17-06) 6. An enforcement action based on uie exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, CIRCAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. x Countersigned: Authorized Signature Chicago Title Insurance Company By: Dq C President ATTEST: S'�� Secretary FORM 72-031-06 (6/08) ALTA Owner's Policy (6-17-06) 4. ARBITRATION Either the Company or the Insured may demand thu, the claim or controversy hall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the ,tnerican Land Title Association ("Rules"). Except as provided in the Rules, there hall be no joinder or consolidation with claims or controversies of other persons. ,rbitmble matters may include, but are not Limited to, any controversy orclaim between he Company and the Insured arising out of or relating to this policy, any service in :onnection with its issuance or the breach of a policy provision, or to any other ontroversy or claim arising out of the transaction giving rise to tiffs policy. All arbitrable natters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the iption of either the Company or the Insured. Ail arbitrable matters when the Amount 3f insurance is in excess of $2.000.000 shall be arbitrated only when agreed to by both he Company and the Insured. Arbitration pursuant to this policy and under the Rules -hall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of [his policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Tide or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance_ 16. SEVERABII.dTY In the event any prop_ _n of this policy, in whale or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect_ 17. CHOICE OF LAW; FORUM (a) Choice of Law: The insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of ade insurance of the jurisdiction where the Land is located. 'therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy_ In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or Federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Chicago Title Insurance Company National Claims Administration P.O_ Box 45023 Jacksonville, Florida 32232-5023 CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 PHONE: (206)628-5610 FAX: (206)628-9717 Extended Owner's Policy of Title Insurance SCHEDULE A Policy No: 1316532 Your Ref: 31510 20TH AVE S ESCROW# 4360255 Address Reference: * * * SEE ATTACHED Amount of Insurance: $5, 3 7 5, 0 0 0. 0 0 Premium: $ 7, 8 3 6 .0 0 Date of Policy: DECEMBER 22, 2010 at: 12 :32 PM 1. Name of Insured: CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION s 2. The estate or interest in the Land that is insured by this policy is: s FEE SIMPLE 3. Title is vested in: .CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION 4. The Land referred to in this policy is described as follows: LOT 3 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER RECORDING NUMBER 8612129019, IN KING COUNTY, WASHINGTON. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 060P1SA 11/14/07 bk CHICAGO TITLE INSURANCE COMPANY ( Address Reference of Schedule A Exhibit) Policy No: 1316532 31510 20TH AVENUE SOUTH, FEDERAL WAY, WASHINGTON TAX NO- 092104-9166 06OPSAPC 11/14/07 bk CHICAGO TITLE INSURANCE COMPANY Extended Owner's Policy of Title Insurance SCHEDULE B Policy No:001316532 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: GENERAL EXCEPTIONS: Au A. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS- B. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL. C. UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO; RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. D. WATER RIGHTS, CLAIMS, OR TITLE TO WATER. 060PESBG 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY Extended Owner's Policy of Title Insurance SCHEDULE B Policy No:1316532 SPECIAL EXCEPTIONS: n 1. TERMS AND CONDITIONS OF STORM DRAIN EASEMENT, ESTABLISHED OVER ADJOINING LANDS FOR THE BENEFIT OF SAID PREMISES AND OTHER PROPERTY BY INSTRUMENT: RECORDED: RECORDING NUMBER: a 2. UNDERGROUND UTILITY EASEMENT AND GRANTEE: PURPOSE: is AREA AFFECTED: RECORDED: RECORDING NUMBER: JULY 15, 1.987. 8707150886 THE TERMS AND CONDITIONS THEREOF: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM TOGETHER WITH ALL NECESSARY OR CONVENIENT APPURTENANCES A STRIP OF LAND 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE WEST 65 FEET AND WITHIN THE SOUTH 55 FEET OF THE EAST 55 FEET OF THE WEST 120 FEET OF SAID PREMISES SEPTEMBER 14, 1987 8709140815 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. .r 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: 06OPESBS 10/31/07 bk FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION WATER FACILITIES AND ALL APPURTENANCES PORTIONS OF SAID PREMISES MARCH 28, 1988 8803280350 CHICAGO TITLE INSURANCE COMPANY SPECIAL EXCEPTIONS CONTINUED: G s S J x SCHEDULE B ( CONTINUED ) Policy No: 001316532 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE - PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION SEWER FACILITIES AND ALL APPURTENANCES PORTION OF SAID PREMISES LYING WITHIN A STRIP OF LAND 10 FEET IN WIDTH MARCH 13, 1989 8903130453 5. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: G TRU PROPERTIES, INC., SUCCESSOR -IN -INTEREST TO TOYS "R" US, INC., A DELAWARE CORPORATION AND: WAL-MART STORES, INC., A DELAWARE CORPORATION RECORDED: DECEMBER 24, 1998 RECORDING NUMBER: 9812240445 REGARDING: ESTABLISHMENT OF EASEMENT FOR INSTALLATION, MAINTENANCE AND REPAIR OF A TRAFFIC SIGNAL ON A NORTHWESTERLY PORTION OF SAID PREMISES- . COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: FEBRUARY 18, 1957 4772705 7. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SURVEY RECORDED UNDER RECORDING NUMBER 8612129019. 8. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL 06OPEBSC 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY SCHEDULE B ( CONTINUED ) policy No: 001316532 SPECIAL EXCEPTIONS CONTINUED: STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: OCTOBER 24, 2006 20061024000518 Y 9. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY A,PPLICABLE LAW: RECORDED: SEPTEMBER 27, 2007 RECORDING NUMBER: 20070927002037 N 10. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 8106010916. AD 11. MATTERS DISCLOSED BY A SURVEY OF SAID PREMISES BY BASELINE ENGINEERING, INC. , DATED DECEMBER 7, 2010 UNDER JOB N0. 10-099 AS FOLLOWS: A.) POSSIBLE ENCROACHMENT OF SIDEWALK ONTO A SOUTHERLY PORTION OF SAID PREMISES; AO 12. DECLARATION OF RECIPROCAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT, AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HILLSIDE PLAZA ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY AND: CITY OF FEDERAL WAY, A MUNICIPAL ORGANIZTION AND: PAL -DO COMPANY, INC., AWC RECORDED: DECEMBER 22, 2010 RECORDING NUMBER: 20101222000939 080PEBSC 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY SCHEDULE B ( CONTINUED ) Policy No: 001316532 SPECIAL EXCEPTIONS CONTINUED: ** END OF SCHEDULE B ** XT HORZ2 SIGNATORY Loan Policy Endorsements: N/A Owner's Policy Endorsements: 9.2-06, 25-06, 17-06, AND 18-06 06OPESSC 10/31/07 bk Your F Wince: 31510 20 _ E S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT - FORM 9.2-06 (Owner's Policy - Improved Land) The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions or restrictions, or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. e. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings: a. That are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; b. Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 3. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping or driveways, excepted in Schedule B. 4. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions or restrictions' appear, they shall not be deemed to refer to or include the terms, covenants, conditions, or limitations contained in aninstrument creating a lease. As used in paragraphs La. and 4 the words "covenants, conditions or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B. ENDORSE/RDA/0999 Your once: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements, \ h tltliorized Signatory Note: hic endorsement shall not be r or binding until countersigned by an authorized signatory Your _ .nce: 31510 =AWE S ESCROW# 43602.55 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA 25-06 (SURVEY) The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule -A to be the same as that identified on the survey made by BASELINE ENGINEERING, INC., dated DECEMBER 10, 2007 and designated Job No. 10-099. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or increase the face amount thereof. , CF- Authorized Signatory Note. This endorsement shall not be r id or binding until countersigned by an authorized signatory Your . _nce: 31510 2= AVE S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT FORM 17--06 (Access and Entry) The company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and have both actual vehicular and pedestrian access to and from 20TH AVENUE SOUTH AND SOUTH 316TH STREET (the "Street"), (ii) the street is not physically open and publicly maintained, or (iii) the insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. —Authorized Sign atory Nat This endorsement shall not be binding until countersigned by an authorized signatory Your Mce: 31510 20TH AVE S ESCROW 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT FORM 18-06 (Single Tax Parcel) The Company insures against loss or damage sustained by the Insured by reason of the Land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate taxes. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Authorized Signatory Note: ''hic endorsement shall not be valid r binding until countersigned by an authorized signatory RNn0RCFf /RnA /rPQQ EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power- This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value For the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be in- creased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, ? personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured- (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known': Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any prop- erty beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instru- ment, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records' shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this pal icy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land. or holds an obligation secured by a purchase money Mortgage given by a purchaser from the insured, or only so long as the insured shalt have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (i'si) if the Title, as insured, is rejected as Unmarketable Title. If the Company isprejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its awn cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insftired to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters 6. not insured against by this policy. (b) The Company shall have the right, in Lion to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights wider this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Com- pany, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com- pany is prejudiced by the failure of the Insured to furnish the required coop- eration, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reason- able times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis- sion to secure reasonably necessary information from third parties as re- quired in this subsection, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the In- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga- tions of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Com- pany up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were autho- ria _I the Company up to the time of payment and that the Com- pany is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend. prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company sha14 have no liability for loss or dam- age until there has been a final determination by a court of competent juris- diction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liabil- ity voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LI- ABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attomeys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. First American Title Form WA-5 (6/76) File No.: NCS-576773-WAl Commitment Page No. 4 SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Federal Way is at 1.78%. Levy/Area Code: 1202 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. General and special taxes and assessments for the fiscal year 2013 are exempt. If the exempt status is terminated an additional tax may be levied. A.P. No.: 092104-9166-03. We note Special Charges for the year 2013 in the amount of $2.70, of which $0.00 has been paid. Balance due: $2.70 plus penalty and interest. We note Special Charges for the year 2012 in the amount of $2.70, of which $0.00 has been paid. Balance due: $2.70 plus penalty and interest. We note Special Charges for the year 2011 in the amount of $2.70, of which $0.00 has been paid. Balance due: $2.70 plus penalty and interest. 3. Covenants, conditions, restrictions and/or easements: Recorded: February 18, 1957 Recording No.: 4772705 4. Covenants, conditions, restrictions an easementlin the document recorded November 21, 1980 as Recording No. 8011240578 o Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 5. The terms and provisions contained in the document entitled "Notice of Additional Tap or Connection Charges" recorded June 1, 1981 as Recording No. 8106010916 of Official Records. The terms and provisions contained in the document entitled "Storm Drain Easement Agreement" recorded July 15, 1987 as Recording No. 8707150886 of Official Records. 7. Easement, including terms and provisions contained therein: Recording Information: September 14, 1987 as Recording No. 8709140815 In Favor of: Puget Sound Power and Light Company For: Underground electric system First American Title Form WA-5 (6/76) Commitment File No.: NCS-576773-WAl Page No. 5 8. Easement, including terms and provisions contained therein: Recording Information: March 28, 1988 as Recording No. 8803280350 In Favor of: Federal Way Water and Sewer District For: Water facilities 9. Easement, including terms and provisions contained therein: Recording Information: March 13, 1989 as Recording No. 8903130453 In Favor of: Federal Way Water and Sewer District For: Sewer facilities 10. The terms and provisions contained in the document entitled "Easement Agreement" recorded November 30, 1998 as Recording No. 9812240445 of Official Records. 11. Covenants, conditions, restrictions and/or easements: Recorded: October 24, 2006 Recording No.: 20061024000518 12. Covenants, conditions, restrictions and/or easements: Recorded: September 27, 2007 Recording No.: 20070927002037 13. The terms and provisions contained in the document entitled "Declaration of Reciprocal Access Easement and Maintenance Agreement" recorded December 22, 2010 as Recording No. 20101222000939 of Official Records. 14. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished to us so that a name search may be made. 15. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. First American Title Fonn WA-5 (6/76) Commitment INFORMATIONAL NOTES File No.: NCS-576773-WAI Page No. 6 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Lot 3 Bla #8611006, rec. 8612129019 APN: 092104-9166-03 D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. 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PUBLIC WORKS DEPARTMENT G17Y OF 33325 8`h Avenue South Federal Way Federal Way 98003-6325 253-835-2700; Faxax 253-835-27092709 www.eityoffedcr'a[lueay. corn C.APACITY RESERVE CERTIFICATE (CRC) This CONCURRENCY DETERMINATION is made this 28th day ofAvril 2014, by the City of Federal Way (COFW), a political subdivision of the State of Washington (hereinafter called the "City"). WHEREAS, the developer intends to develop the property described as Federal fty Performing Arts and Cu►If c re►:ce Center reviewed under City file CN Number(s)14-100498-00-CN (hereinafter called the "development"); and WHEREAS, RCW 36.70A requires that the City adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of the development are made concurrent with the development; and WHEREAS, the City adopted its comprehensive plan in November 1995; and WHEREAS, Chapter 19 of the COFW Revised Code was amended by the creation of Chapter 19.90 Division III on June 10, 2006 by Ordinance 06-525 effective January 1, 2007; and NOW, THEREFORE, a concurrency certificate is issued for the development of 42,000 SF PACC with 700-seat Performance Hal and 120 Raoms Hotel based on the facts and conditions set forth herein. Development Parameters This CONCURRENCY DETERMINATION is based on the following development: Development type: Performance Hall/Conference Center and Hotel Development size: 42,000 SF PACC with 700-seat auditorium and•120 rooms hotel Property address: 31510 201h Ave S Federal Way, WA Parcel No. (s): 0921049166 Number of New PM Peak Hour Vehicles Trips Generated: 0 Validity of Concurrency Determination This CAPACITY RESERVE CERTIFICATE is valid only for the specific development approval consistent with the development parameters and the City file number contained within this certificate. If the development is changed, expired, cancelled or withdrawn, it will be subjected to reevaluation for concurrency purposes. Terms of the Capacity Reserve Certificate This CAPACITY RESERVE CERTIFICATE is valid until the underlying development permit expires, is withdrawn or cancelled, whichever occurs first. Approved By: fZC Date: 25 - ZO 1 Printed Name: Richard A. Perez. P.E Title: City Traffic Engineer - � „�/ ► �GC7 Q. " Z,:S' Q PUBLIC WORKS DEPARTMENT r 33325 8`h Avenue South Fed a ra l Way ' AN Federal Way WA 98835-6325 2709 253-835-2700;Fax 253-835-2709 wv+w.oityoffederaiway.cam 2012 TRAFFIC CONCURRENCy REVIEW APPLICATION APPLICATION NO(s) Project Name Federal Way Performing Arts and Conference Center Date January 27, 2014 Property Address/Location 31510 20th Avenue South (NE corner of S. 316th Street and 20th Ave S) Parcel Number(s) 0921049166 Project Description New multipurpose 700-seat performance hall/conference center facility and hotel nrsnDRDIry nwns»u Name: City of Federal Way, JIVK ferr�(. 11,1apC Phone/Fax: (253) 835-7000 Address: City/State/Zip: 33325 8th Avenue South Federal Way, WA 98003 Email. jim.ferrpll,@rityoffederalway.com Cell: Signature: i � r i� APPLICANT (if different than Owner) Type of Development permit to be applied for: ® Commercial ❑ Multifamily (NIF) Phone/Fax: (206) 276-8727 City/State/Zip: Seattle, WA 98101 Cell: ❑ Subdivision ❑ Short Subdivision ❑ Single Family (SF) ❑ None (Feasibility only) ❑ Other Approval for City to perform Concurrency analysis: ❑ Yes ® No If NO: Applicant's Traffic Engineer must perform Concurrency analysis consistent with City procedures; however, the application fee remains the same. G,r�zl _ L,%-t t4 1jT�/{/��\ LADED VWXTRA%Concuncncy\CN TemplatOFnal TemplatcTW Concurency Application Rev. ]an2012 doc�0 (,/� �, f !I . �� L.�., tv ct )( LE 6, L-'L- — " ) Required Information — Application is incomplete and will be returned if not filled out. Gross Square Feet (Commercial) Existing 42,216. Proposed : 42.000 PACC Number of Dwelling Units Existing 0 Proposed 120 hotel rooms Number of Employees Existing N/A Proposed approximately 10-50 Parcel size (acres or square footage) Existing 3.86 proposed 3.86 Has the property previously been reviewed for concurrency? Yes__ No X If yes, date of original application Concurrency Permit No: Is this an amendment to an existing Concurrency Certificate? Yes Na X Will the project be phased? Yes, phasing is anticipated. Development Build -Out Year 2017 Note: - Commercial subdivisions and other projects constructed In phases shall be evaluated for concurrency us each phase is submitted for applicable development permits. - Once the concurrency test result has been determined, any changes to the development project require additional review will be billed on an hourly basis. Estimated Number of New Trip Generated by Project per Pre -application Summary: N/A If the applicant's engineer has prepared a trip generation analysis, please provide the following. If not, staff will calculate the trip generation based on the above information. Existing PM Peak Hour Trips (if applicable) Proposed PM Peak Hour Trips Net New PM Peak Hour Trips 183 with a da tirne conference, fewer with an evening performance CONCURRENCY TEST EXPIRATION C 199€1 • A Concurrency Reserve Certificate (CRC) is valid until the underlying development permit expires, is withdrawn or cancelled, whichever occurs first. In that case, a now concurrency application would be required. • A Concurrency Reserve Certificate is valid only for the specific development approval consistent with the development parameters and City file number within the CRC issued. ■ A Concurrency Reserve Certificate (CRC) runs with the land, and cannot be transferred to a different parcel. I have read the above information regarding expiration deadlines. I further understand that issuance of a concurrency certificate is not a guarantee that the City will issue a development permit or building permit. _y' zylL Prop y Owner/Agent.Sill alttre Date SlUBM1'I"TA1. R1 QUtRF.NtEN'TS'— ST,1 F`h'. USF O�YLY Permit Submittal: The following items are required for all applications: ❑ Completed and signed Concurrency Application ❑ Concurrency Application Fee paid (See Below) Net New PM Peak Hour Trip Less than 10 lQ. S0 51 - 500 1 Greater than 500+ 2012 Application Fee 5344.50 $1,584.50 PX4.50 $5,576.50 LAl)EMWMTRA\Concur y\CNTempla0Mnal Template\Fw Concorency Application Rev, fao2e12.doc 1 m m 'o m m E So E E H ;v pf m z 'C 0 2 2 E H 13 n U U 'u n n m(n xf ow Q C 0 U) 10 '0(-) ro q X� O w k C (D m (D (D K m > rt (D I G V V H- K K r w a > O O IA rt a m 'd O G rt G a 0 (D m H- rt rt m H- rt H- Co H- H- H- n N a w H- rt H N rt H- H- O rt rt (v � (D G a rt 0 'd £ (* r a K a K (D rt (D w U) rt (D (A C". 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Oti 8 O YI y O O O W O O O 0 0 H O O O O O 0 p O O O O O O 'z' O O O z O O 5 U1 O O O N° O O G O O O O ,p q G In rt K 1-3 ID d O O O O 0 0 m y 'EGG d C O O O krt o o o o b t7GG o z Q 0 0 o o o H H H H H H \ 00 \ \ m N \ dP O y y b 0 0 0 O O O d O O 0 0 o z o 0 m m m m m m m m m m m m m m m m m m m m m rt r r r r ( ( g G r r L7 w e C7 G( m r rt CT rt rt rt rt rt m rt rt rt m m m rt rt rt rt m m m rt (p (D (D (D (D (D (D (D (D (D (D (D (D (D (D (D (D N N N N r•( � K K K K K K K K K K K K K K K K K K K K ro �� '.d K(D rt rt rt 0 rt rt rt rt (T 'zi 7i 10 H H H Li 0 a w w (D (D p' �' �' q p' (D (D M' (D a G G d H H- w O (0 v- m m (D (D (D w (D fD (D (D fD b' N m N P• m 1 ` o o () n n K m ,) ro x C m m rt '(D r m /JJ • o K K O O O H- rt a (D r- O K K r- (D w ro C. ct K a W M E (D (T a rt K (q £ G O (D m rt 0O 'Y+ M m p (D O 0 t- ''< a a K (D m rt M a (D (D(D (D m M M fD H- (D w n Ci H K rt rt O (n M rt m a (p rt (D rt H- a w p G rt (D r' tj 0 w7 r t7 m a rt rt a p a n /0 rt M Cr 7 N rt a •H H- a K O O OM 0- M a PN M ro 0 (A m(D b' (D (D rt H O H- �3 r �f < rt r- K r- C t7 (D (D nom 'Hdrtrtrt � O I w a< (<D O m w rt � �l C n r„ �w N m 0. °�m Flp (D ft a a- I (D rt C U 0 _ a w S N vJ J d 0 " F H- rt (T q rt w El rt o 0 1 � N N �J rt &^ r � N D The Ridge Event Center Traffic impact Study HORROCKS G I N E, h K ZS B INTRODUCTION AND SUMMARY Purpose of Report And Study Objectives The purpose of this traffic study is to identify traffic impacts associated with the proposed Ridge Event Center development on the surrounding road network. The study objectives include: project description, define the study intersections, estimate trip generation and distribution for the site and adjacent developments, analyze 2010 AM and PM peak traffic conditions, describe traffic impacts of the project under 2010 conditions, and recommend improvements. Executive Summary Site Location and Study Area: The Ridge Event Center development is planned to be located on 1000 West and Center Street in Orem, Utah. Three study intersections, 800 West/ Center St., 1000 West/ Center St., and 1200 West/ Center St were analyzed with and without the project. Development Description: The Ridge Event Center development will be 10,000 sq. ft. It consists of 3,200 sq. ft. of ballroom, a bridal room, support rooms, and an office/storage. The project proposes two full accesses on 1000 West. Surrounding land uses consist of single family homes, retail, and Mountain View High School. Principal Findings: At build -out, the Ridge Event Center development is expected to generate an average of 53 new PM peak hour trips. Currently, the study intersections operate at level of service (LOS) C or better during the AM and PM peak hours. After traffic generated by the project is added to the roadway network, the study intersections experience some increase in delay, but remain at an LOS C or better in the year 2010, Conclusions and Recommendations: After the project is completed the study intersections are expected to operate at LOS C or better. 0 At build -out, the Ridge Event Center development is expected to generate an average of 53 new PM peak hour trips. The Midge Event Center Table of Contents PROPOSEDDEVELOPMENT.................................................................................................................1 SITELOCATION......................................................................................................................................1 LANDUSE............................................................................................................................................1 SITEPLAN AND ACCESS............................................................................................................................1 STUDY AREA CONDITIONS. .2 STUDY AREA ....................................... ................................... .:.... :............. :......................... .................2 ANALYSIS OF 2010 CONDITIONS.........................................................................................................4 EXISTINGVOLUMES ....................................... ............................................... .......................................... a STUDY INTERSECTION LEVEL OF SERVICE......................................................................................................4 PROJECTTRAFFIC ANALYSIS...............................................................................................................6 TRIPGENERATION .................................... ............................... :............................................................. 6 COMPARABLE LOCATION... _.......................................................................................................I.........6 TRIPDisTRIBUTION..............................................................................................................................7 CONCLUSIONS AND RECOMMENDATIONS......................................................................................I...8 The Ridge Event Center 12010 Site .Location The Ridge Event Center development is planned to be located on 1000 West and Center Street in Orem, Utah, The project site is shown in Figure 1. Figure 1 Project Site Location Land Use The Ridge Event Center development consists of the 10,000 sq. ft. building with 50 parking stalls; 15 stalls north and 35 stalls south of the building. The surrounding land uses consist of single family homes, retail, and Mountain View High School. Site Plan and Access The site proposes two full accesses on 1000 West approximately 150 feet apart. Figure 2 provides the project site plan. 1 0�_ � I'- I I " _01 The Ridge Event Center ��10 Accesses Figure 2 Ridge Event Center Site Plan Study Area The intersections studied for this report were: Center Street/1200 West: This is a four legged signalized intersection. 1200 West is a three - lane road with one right turn lane, one thru lane, and one left turn lane. Center Street is a four -lane road with one right turn lane, two thru lanes, and one left turn lane. it Figure 3 Center Street and 1200 West 2 The Ridee Event Center 12010 center Street/1000 West: This is a three- legged unsignalized intersection. 1000 West is - a local street with full access. Center Street is a three -lane road with two thru lanes and one shared middle turn lane. Center Street/800 West: This is a four legged intersection. 800 West is a three -lane road, with one right turn lane, one thru lane, and one left turn lane. Center Street is a four -lane road with one right turn lane, two thru lanes, and one left turn lane. Figure 4 Center Street and 1000 West Figure 5 Center Street and 800 West 3 The Ridge Event Center 2010 Existing Volumes Traffic counts for the AM and PM peak hour on 1000 West/ Center St. and 800 West/ Center St. were performed for the study intersections on February 4, 2010. Traffic counts for 1200 West/ Center St. intersection was performed previously in connection with the 1-15 CORE Project. Study Intersection Level of Service Level of service (LOS) is a term used by the Highway Capacity Manual (HCM) to describe the traffic operations of an intersection, based on congestion and delay. It ranges from LOS A (almost no congestion or delay) to LOS F (traffic demand is above capacity and the intersection experiences long queues and delay). LOS C is generally considered acceptable for rural intersections. LOS D is acceptable for urbanized intersections. LOS E is the threshold when the intersection reaches capacity. Tables 1 and 2 summarize the LOS delay for stop controlled movements at unsignalized and signalized intersections. Table 1: LOS—Unsignalized intersections Criteria Level of Service Average Control Delay (s/veh) at f s t Source: Highway Capacity Manual (HCM) 2000, Transportation Research Board National Research Council, Washington D.C., 2000 2 The Ridge Event Center 2010 Table 2: LOS — Signalized Intersections Criteria Level of Service Average Control Delay (s/veh) t le Source: Highway Capacity Manual (HCM) 2000, Transportation Research Board National Research Council, Washington A.C., 2000 Level of Service (LOS) analyses were conducted for the 2010 conditions with the project traffic add to the AM and PM peak hour volumes using Synchro software. Table 3 and 4 show the existing AM and PM peak hour performances at the study intersections. As demonstrated in the results, each intersection performs at LOS C or better under existing conditions during both the AM and PM peak hours. Table 3 AM Peak Hour Performance Existing 2010 Conditions 800 West/ Center Street B 1000 West/ Center Street* 6 1200 West/ Center Street C *Unsignalized intersection LOS is given at the worst approach Table 4 PM Peak Hour Performance Existing 2010 Conditions *Unsignalized intersection LOS is given at the worst approach 0 The Ridge Event Center 2010 _- ___._:.. _ - . --- -__ PROJECT TRAFFIC AWNSIS Trip Generation The Institute of Transportation Engineers' (ITE) Trip Generation Manual, 8`" Edition does not provide data on convention centers. As such, Horrocks Engineers performed a similar study at the Davis Conference Center in Layton, UT. From this study Horrocks was able to estimate a trip generation rate for the PM peak hour based on event attendees and used floor space. Comparable Location The Davis Conference Center located at 748 West Heritage Park Boulevard, Layton, Utah was chosen as a comparable location to the proposed the Ridge Event Center. The criteria shown in Table 5 demonstrates the suitability of the comparison. Table 5: Location Comparison The Ridge Event Center Grem, LIT 10,000sf I Yes Yes Yes No Davis Conference Center jLaytonA70,0Wsf1 Yes Yes Yes Yes Five separate events were counted at the Davis Conference Center during the PM peak hour. The events studied were a formal military banquet, a corporate training event, a high school graduation ceremony, and a two-day professional conference/trade show. Two of the events studied began during the PM peak while the remaining two events ended during the PM peak. Each event was analyzed based on the number of vehicles entering and exiting the conference center parking lots. These results were then compared to the used amount of space used by each event to estimate the above mentioned trip generation rate. Using the comparable location, the Ridge Event Center trip generation during the PM peak hour was calculated based on observations, traffic counts, and interviews with convention center management. Based on convention center data, an estimation of 20 sq, ft/person is needed during a seated event. Therefore 160 people, with an average of 3 people per vehicle, will generate 53 vehicles at the event center during this peak. Due to the nature of the use of the facility it is likely that most trips will occur outside the peak PM hour. However, to be conservative, it is assumed that all 53 vehicles will arrive during the PM peak hour. Table 6 summarizes this data for the PM peak hour. `6 The Ridge Event Center 12010 Table 6: Project Trip Generation Beginning PM Peak Hour The proposed development is expected to generate 53 new PM peak hour trips. Tables 7 and 8 illustrate existing 2010 plus project traffic conditions. Worst case scenario for peak hour volumes occur with an all day event assuming each PM peak hour trip has a corresponding AM peak hour trip. Table 7 PM Peak Hour Performance with Project *Unsignalized intersection LOS is given at the worst approach Table 8 AM Peak Hour Performance with Project *Unsignalized intersection LOS is given at the worst approach Under existing 2010 conditions with the project, the study intersections operate at a LOS C or better during the AM and PM peak hours. Trip Distribution The project site plan shows two parking lots; one north and one south of the building. Both parking lots are accessed from 1000 West. Due to proximity to Interstate-15, vehicles traveling on 1-15 will leave the The Ridge Event Center 0 freeway at the. Center Street exit and travel -eastbound on Center Street where they will turn right onto 1000 West and enter into either parking loft. Traffic from local residents will travel from State Street to Center Street and travel westbound before turning left onto 1000 West. Conclusions and RecnmmendationS + After the project is completed the study intersections are expected to operate at LOS C or better. ■ At build -out, the Ridge Event Center development is expected to generate an average of 53 new PM pear hour trips. M Walrnart n2571 Federal Way, WA PARKIN{., LICENSE AGREEMENT THiS PARKING LICENSE AGREEMENT ("Agreement"') is entered into efiiwtivc as of the Il� dray (if —)i - s , 2015, by and between WAL-MART REAL ESTATE RUSINESS TRUST, a Delaware Statutory Trust. whose address is 702 S. W. W1, Street, with officers at 2001 S. I-'. 10"' Street. Attn: Realty Managcanuffl, Bentonville, Alt M 16 ("I iLensor"); and the City of Federal Way, Washington., a municipal corporation with all address of 33325 8"' Ave South, Federal Way, Wa 98003 ("Licensee"). W I TNESS ETH WHEREAS, Licensor is the owner of that certain tract or partael. of land situated in the City of Federal Way, County of King, State of Washington, identified: as Tract I on the site plats attached hereto as Exhibit "A" (`.Tract I "); WHEREAS, Licensee is the owner or tenant of that certain tract or pareel of land in the same city, county. and state, which tract lies adjacent to Trust 1 and is identified as Tract 2 on Exhibit "A"; and WHEREAS, Licensee has reclucsted from Licensor, and Licensor is desirous of granting to Licens rc, a non-exclusive license for the parking of vehicles (c onrniercial trucks, buses. and sitnilar vehicles excluded) on a portion ofTract 1. NOW, THEREFORE, in consideration of one dollar (SLOO) and other good and valunhle consideration; the rc'ce:ipt and sufficiency of which is hereby acknowledged, Licensor doew hereby grant to Li{:e See anon-cxclusivc license liar the: parking of paissanger vchieles. IL011111elfciul trucks. buses. and similar xchicte-s excluded) ran the Parking Arco (as hereinafler defined) together with the right al' access thereto. Commercial trucks. buses, and similar vehicict sha11 he precluded from using the rights grunted hereby, but nothing herein shall limit or restrict Licensor's rights on Tract 1. i . Parking :4rea. The parking area shall be located in the area indicated on Exhibit "A" as '-Paarking .Area." Wal-Mart makers no representations or warranties concerning the condition of tic Purking Area, and Licensee shall cntvr the Parking Area in its "AS IS" condition. 2. Use od' Parkins Area. Till; parking abuts together with the ati6ltt of access thcmio granted hereby are to lie used nan•exclusively by employees and/or customers of Licensor for the parking 1)I'passe:n8cr ve}icles lssOcifl t 4 with the: busiate" Operation ioc:atW On Tract 2 (tile '`Pvraltilte. 1 Lisc"). S could the Parking Area be used for another purposc (as determined in Livcnsor's sole discretion). Licolisor may revoke and terminate this Agrecincnt upon live tj€ da& written notice to Lioprisee. and Licensee tat its sole: cost and expense) shall vacate and surrender tite Parking Area to Licensor upon five t5) days written rtuticc to 1 _lCCf15t;C. 3. Maintenance nf' Parkiaty Area. Licensee shall be responsible f'ar all ntainten.inve (including but nut limited to landscaping, cleaning, and snow removal) for the Parking .Area. Licensee is requ'irLd to use like or similar quality and type of materials originally installed by Licr;nsor tnt the Parking Area, and must not a[ter or change ilie grade: or elevation of the ]larking Area without Lic:esnsear's prior eeprittem consent. Licensee he'roby agrees and cuvunants that the Parking Area will be kept clean at all tirne;. free of any trash or delsris, It' Licensor: shall fail to 11111intuin the Parking Area in a clean manner, Liveusor sltull have the right set cloau the 11mleing Area. l.ivvilsul' shall then be permitted sty invoice Licensee f'or all costs incurred uud to add a 15 perce;ni administrative fee to such costs. Licenstw shall [lay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrc:aider the Parking Area to Licensor. 4. Darn:e+re to 1'urkine^Area t7r other lot sLrovemunts. If Licensee, its employees, or custorners damage, break, destresy, or ill any way impair the Parking Area, or any other Parking license Agreement Na e 1 of5 Walmart 112571 Federal Way, WA improvements on the Parking Area. Licensor, in ifc sole discretion. may mquire Licensee to either, (.i) restore at Licensee's sole cast and expense, the Parking Area undlor improvements on the Parking Area to its original quality and condition at the time Ellis agreement became effective; or (ii) Licensor may restore the Parking Area or improvements and invoice Licenseefur Lieertsor-s costs incurred in restoringthe damaged Parking Arco or improvements; wher upon licensee agrees to reimburse Licensor within thirty (30) days of receipt of an invoice for such expenses. 5. indemnification. (a) Licensee shall indemnify, defend, and hold hannless Licensor from any damages or liability to persons or property that inight arise at any tiinc during the.construction, operation. maintenance or from the use of the Parking Area by Licensee, its customers, suppliers, employees. and tenants or invitees using the Parking Area. Further, Licensee shall at all times during the duration of this Agreement maintain and pay for Commercial General Liability insurance allprding protection to Licensor and Licensee naming Lie:c°nsor its an additional insured on the policy or policies For a combined bodily injury and properly darnage' limit of liability not le.-,s than $2,000.000.00 tar each occurrence. Licensee add itionaliy shall deliver to Licensor a curt ilicate or eertificates from an insurance: company or inStAranCe COMpanies satisfactory to l.:icenseor evidencing the existence of such insurance and canine Licensor as an additional insured. 6. bl.ic Grt . Nofhing contained herein shall be'used or construed as a grant of tawny debts to any public or goy+eninlenual authority or agency. 7. chanex of Use of T=� 2, in the event that the use of `fract 2 is changed, Licensor shall be notified thereof and be provided the name and address of the owner orTract 2 .anti anv tenant thereof within thirty (-A0) da)N of the change it) use. 7 tie parties specifically agree that this Agtzcuient may he assped (or sublea_sul} to an attiliate, subsidiary ar related entity of ficensor without consent or notice. s. Personal .Property. Licenswe: hereby agrees and covenants that all items ("Property) placed in or on the Parking Area. Occupied or used by Licensee hereunder by Licensee, its employees. agents. or invitees of Licensee, or any occupant of the Parking Area, will lac rcmove:d froth tine Parking Area on or before tine terminatsotn dote. if Licensee fails to rcnnove tine Property within said period, Licensor shall have The right to remove the Property li,om the Parking Area and to invoice Licensee For all costs incurred and to add a 25 percent aelmi11istrative fie to such costs. Liicetisee shall ]lay suCh invoice with in fifteen (15) clays of its rcccipt. Such Property shall beceurtt: the salt: and personal property of Licensor. and Licensor [nay disposc of it at its discretion. a, Sceurity. All Property belonging to Liccnsft% employees. agents, or invitees of Licensee, or any occupant of she Parking Area, shall be at tine sole 11sk of Licensee, and Licensor shall not be liable to damage thereto or their or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph s above, such property shall be disposer[ of by I..iccnsor without obligation to Licensee. Licenscz shall be solely responsible for the sce ority and safety of all Property placed on or about the Parking ,area during the tell" of this Agrecinent. 10. insurance. Licensee will carry and keep in forec, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State. in an amount not leas than 52,t1()0.o00 single limited personal injury and property damage and S 1,000A0 Worker's Catnpensatintt insurance. The required cctverakc may be provided in the [corm of Comprehensive General Liability Insurance coverage togeftUr with Excess Liability insurance coverage. All politics of insurance shall be considered primary of any existing, sinnilatr insurance curried by Licentiar. Licensee shall furnish Licensor will, a Certificate of lnsuratice showing Licensor as additional insured prior to Licensee's entry onto the Parking Arca. The insurance provided ror Lieciwwr for others shall apply for the ttse of the parking area by licensec, its cuntotaners, suppliers, einplctyecs and tenants Or in itces using the part-Ing area. To the maxitnutn extent permitted by insurance policies that may be owned by Licensor or Parl ire License .Agreement Page 2 of 5 Walmart 4'2571 Federal Way, WA Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights ofsubrogation that might otherwise exist. 11. Duration. The initial term o-F this agreement shall be ten (10) years beginning on the eftLetive date listed in the introductory paragraph of this agreement and terininating ten (10) years from that date unless sooner terminated or extended in accordance with this a—reemeut. After the initial ten year term. Licensee shall have the right to extend the term of this agreement fbr five (5). five (5) year option periods. Should Licensee wish to extend the term of this agreement, notice shall be provided .in writing to Licensor not less than ninety (90) days prior to the expiration of the initial or subsequently exercised option period_ All agreements contained herein and the rights granted hereby shall be tertninable by either party, it its sole discretion, upon ninety (90) days written notice to the other party, 12. eloeatiun. Licensor reserves the right to modify or relocate the Parking Area anchor access thereto. 13. Utilities. Licensee shalt pay during the Tenn hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its Occupancy and use of the License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to the License Area, Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility compunies have been notified to bill Licensee directly For al] services to the License Area. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill froth f.,icensor. In the event Licensee fails to make payment Licensor shall be entitled to remit payment on -behalf of Licensor. Licensee shall thereafter relntburse. Licensor for the amount of the utility bill plus ten percent of the total to roirnburse Licensor for its administrative expense, 14. ppa r Li. 1n consideration of die privilege grunted and conceded by Licensor, L.icenscc shall pay as rent to licensor the sum of One Dollar ($1.00) per year, parable in trdvancc of the all ivcrsary date ofthe commencement of this agreement. A late fee of 5 percent :ball be assessed for payrnents that are delinquent more than three clays. .Any reimbursable due under this agreement (payment reimbursing Licensor for an expenditure made on behalf of Licensee) should be sent to either of the following addresses: OR (Regular plait) Wal-Mart Real -Estate Business Trust P.O. Box 500620 St, Louis, MO 63150-2215 (Overnight Mail) Wal-Mart heal -Estate Business "Trust 500 Market St.. 4th Floor Lockbox i; 500020 St. Louis, L40 6.3101 15. (_'omplianee with La . Licensee, in exercising the privileges granted by this Agreemcnt, shall comply with all applicable federal, state, county and municipal laws. ordinancos and regulations. Licensee shall secure at its setic cost and expense from all the appropriatc authorities, all licenses and.%or pettttits necessary to conduct the pemtitted use on the Parking .Area. Licensee hereby agrees to: 1) comply with all applicable laws, rules, codes and/or idler- regulation govenling such operation: and 2) obtain any and all necessary consents or approvals, and to display stone as requiml by any law. rule. code, or regulations of any administrative wr rerulaiory holy. city, county, state, or federal agency, or other such body as nra.v necessary foi• I..icensee's Prrniitted Use. Any 1'ee. fine. c(st. levy, or other such charge resutting frorn thaw failure of Licensee to obtain andlor display atty such itern shall be the sale responsibility of Licensee. Failure to pay any such charge shall be a defitult under- this I)ayking License Agreement Pae 3 of Walmart #12571 Federal Way, WA Agreement. If such charge remains unpaid for a period of ten (10) days Olen Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses an(Vor pennits nwessary to aper'a10 on the Parking Area, Licensor can revoke and terminate this .Agreement inimediately, and Licensee shall vacate the Parking A= itn-nodiateiy upon notifiewion. if:. Solicitation. Soliciation and/or distribution of literature is not permitted outside the building or anywhere else on Tract 1. Licensor shall have the sole right to determine what constitutes. solicitation. of its Associates and/or Customers. Liounsor shall have the right to ternintc this agreement should Licensee breach any covenant contained in this paragraph. 17. Headings. Tltc headings of the paragraphs cttnta'tned herein are intended for reference purposes only and shall not be used to interpret die agreements c;nntained herein or the rights granted hereby. M Notices. All notices shall be in writing and sent by certified mail, return receipt rcxluestcd io the address of the other party set forth in the introductory -paragraph hereto and be considered delivered upon deposit in the United States tnail. 19. Countcrpttrts. This Agreement may be cxecuWd in one or mart counterparts, including by facsimile, all parties nced not be sigl:atorics to the same documcnis, and all counts rlxtn signed documeals shall be: deemed to be an original and cite (1) instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. A'VAL-MART REAL ESTATE BUSINESS TRUST Name-./lT C "Title:'- CITY OF I DERAL� WAY By: Natnc. Title: MAYOR Parking License Agreement Page 4 of Walmirt 42571 Federal Way, WA EX111BIT "A" �.� t.y •'' T.- ...... a' S 314TH ST 1 R .x i IS 314TH ST U] ;� ;Clcxm�" d �r ri we L� Marcel 092104-9163 Number Nance WAL-MART PROPERTY TAX DEPT Site Address 31401 20TH AVE S 98003 }� LOT 3 OF FEDERAL WAY LLA # BLA97-0008 REC � Legal #.9801089005 SD LLA LOCATED IN NW 114 OF SW 114 OF SEC 9-21-4 & INCLUDES LOT 1 OF IBC SHORT PLAT � #1280064 (REVISED) REC #8105150882 Parking License Agreement Page 5 of5 f4 I.LN.'R•Li/v LLO �/� ■FS3Ep CH'+2*c 7YPE7 'Af S4G TY EJ!-54' � -•�• rYA7�CiJ-�-4.1025 j/ ,fi/N=4f1 /E 12 0 =487. 00-/Z'. Exl,r t . 1. ,E. rPIr.I- 2'L'.e� $EE A-1 VI lyvo` 6 AID $. NSITE Ib ETENTj N w/swa ee r +.n R.1,5n•.•%A. E LP EEA s +s� w '.,a.r2svl L� Iraxrrercw eEs. riA:R-ss• >ve irAs = 49S OE7 6. a ale$.7p-!z • �![0 wENF �dw .see -tea �F91 rS #20A 7Yo CB T�20 7YVE I f- 2/H=4^XJ•: 1 le 00 CB •r20B IYFt"1 p/M =498 00 2/N 'r 4&7.00 = 468. /. E. 485 00 /6 = 483 00 48.4. 00 Is - 479 66- /6" \„�01 y y iT,./2•LBSW _- BSL F.-/"rlvF S• 3 F.F. 492 F.F 491 F.F. 490 F.F. 489 488 F.F.487 �FF486 FF.485 FE 484 rE Rl le rw9l.S`= r 8"CA9P [a M,4I aaSc.F. .II•'C.67f YO=.dRd. iid -�rF •J.lfB-• Ca r22 rYPf x FF 89 742 sf F,F 88 ceEEl7ypEz � RlA...sBr.jS V� re :zI�RY T =ZEEO NSITE D 4 L ' 1.37 rad RA rC •t77 'r Ci3 �8 7YPE L ! 1 RIFT = 476.7 /E= 474. 50-•r/0" pg�IpSFp F//U/SH / ES GR/i0 T0-- 3.96 R•M � 3•Bv b+ 4G•�Go•�/p• rar-ra^e Y s. AB'!F 6'aR aDx V4,- ON51T 146,336 sf F.F. 474 eis A-?& 7v7 r R/M • -q 7E .rd IS c 4LO-P6 -/B• c�d`Sf•T-YPfII7L WIRESTR/GTBR RlM -n-10 lE .467. 90 -a' CURRENTLY BYPA 5ED=0 TV,-wi '6RD0••!.8' i r COW /0 7- I („8 F I6 7".Aw Z .¢rH = 4B7 v Rrrr u 4.M, & a„ f �l r � C 9 YMPE r t4r£!d-rAAo09•/.2 Arr !B'.• 4d0.0 TL.sO-rz � B. dE- tf A rrPPs�`y :z/Ar • 4 rcr l CB#?7yp, -4B" /EadiQ•76 -•Jtl' �- #e6 LF-IB-sHP�S•r.a4d d� DOWN SPOUT rrpEn -se- 47-• 50 a6sr-e/"Ale6 Q F. F. 4'rdt F.F. 463 F.F. 482 1 F.F. 481 f h a . /4 TYPE r J I1} r • 4ra.0 ¢r4.90-/i n A.r- W73.0e jr1pe r R]H = 464. 75 eB 32 YVYB L - ,C/H •• 447, iD �d 3l rrPa i 'Af . 4] T. L•a ttGg� (1 I Cy 4-;o TYPE S ' 2/H = 459. oa B'cup o zy,,, NOTE: . BL- USEQ. FOAn" r71ETN47 E XBWC.0 rElP Ca')FOSAI•I J0.6EC. 0-0 �� � � , . 1 OF1 Rr+7 To SEC. 9 -04 9 Hrad. rae rr srnrE 57Mn4Ro �•aysrcnx I.X. �r7.ad- /6i0 fu CLWCRM CBA$' I , �w� cvATeu yEPp�On7�Ar ... . - e 4 ¢T6.53-r2B^EATr_�LLr,�pp-rElKriRE 0 4r}17 •! rr•+c M s :I ExrAtIDEA awcmnT CURB N� 0 1 45.9,311 l.BP 1 u I . ce Yl spin-Y I s tiPiiw�il[C \ r; •b. f f I R,H = l ff-Ea �1 I SEE DsML Ms 5/Irzr •fS/• •T/ L� C6 TYPES B5 &P% d"C-�+P@ 2 .4a WP• &/ `}{ ' y �(VJvI 4f2-5 BCarp -, % ro.•v 5 L.F B" CN1P 5.2 % .:R4R4U C 171 /VI .a4 r+n ASG rr; !tlZ . ♦ 4.d7 •tog-5•Q � � �, /7/E c79 .75 1 +1r /E.= ¢LG 5•••/g',6r Y e l-d- •�41 4�=4 p(•!i lCrirjl•L� 1 +' !-f r 1r .i9 .. JLr•/]/ I f `[}�' EXISTING AREA TO ONSITE DETENTION FACILITY = 3.96 AC - 0.60 AC + 1.37 AC = 5.93 AC ropy f52.65 +0 L. F. /Z'ClAp S =G89•' -� - PORTION OF EXISTING ONSITE DETENTION VOLUME SERVING UPSTREAM AREAS = (1.37/5.93)'(8,202 CF) = 1,895 CF t=_ camas. SUMMARY: BECAUSE WE ARE REMOVING THE ONSITE DETENTION FACILITY, WE WILL NEED TO PROVIDE 1,895 CF OF .f/M 45f, 95 I-C 5/Ob ADDITIONAL DETENTION VOLUME IN OUR PROPOSED ONSITE DETENTION FACILTY. -4 CB x•/6 lly� w ^1R �AS • d7T 00 E- • 67A 7T yy-'rS FOR DETAIL OF SECTIOWS,IA EB-B SEE SHEET 2OF4 sea rac I.LL VICINITY MAP 2Baa• a, "O• -- VEPrir CLASS 8 ASPHALT CONCRETE• SEE57DQM PLAN FGr¢GLr;4T/oN L /%AWPM1yC`A0 Y14 LHPT WDI4HTDE MRPCEC.RRC•UinISCCHOE•JDA S6i URPAQV4, OG co!/PSE. 'Z'.- Awm coxpr: DPPT/ --T'/BD riSA.O T- "AVEL HA E -CLASS 'B' MAYBE REQU/RED DEPENDSVG ON So/L cOND/rIONS. PAVING SECTION WIaL WATER sLrARAOoN LEGAL DES6RIP710A1- 'eL}re ld6 Yr•1! /OTS Z 3 - 4 OF a/eoposED K/A/G CO. 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N m •• M V" h w It0 (Q (D tr r- "d 0 (D N rt O w (D rr C (t r- H O H. p h r- p t7 a(D F' m Fl H H- co w (D �V H O W o rr w (D .-. m H d r P. h J] (D 7 p 't7 rt rt p w m Cr -7 1 W G V' m w rt r P H- ew p C O N r r r w w C (D O rt rt w Fi M m ro C r- tr r � O F r- H- h Co � O w d M O P. r: O 0 0 r- (p rt rt r- h tr O r_ am rt G 0 �j w - d' (D p r- O Ft '5 of w tr rt ro tr (D h rr w P. p m 0 m P• G O (rD (D 7O a a a � W N P• tj P• 0 0 m rt "O o rt o H r 0 N- 'd r F' r- r rt o r- ti 0 rt rs' W w ((DD m (A N rt m '10 b a (D h m W m O tY m 13 (D F'- rr rt (D w � � 'dH- W Ft 0 ¢ m rr O (D G -n - rt h Fi o ro j v NJ P k O rt rt FS ((DD r- ro rt m H- ... w r ITS January 9, 2013 Intermountain Transportation Solutions Traffic Studies ♦ Transportation Analysis ♦ Signal Design ♦ Site Planning Raymond Wright, P.E. City of Spokane Transportation Department 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 RE: CONVENTION CENTER PHASE II EXPANSION, TRIP GENERATION CONFIRMATION LETTER AND IMPACT FEE ESTIMATE Dear Mr. Wright, RE: This letter provides a trip generation and impact fee summary for the Phase II expansion of the Spokane Convention Center in Spokane, WA. The analysis was prepared to support State Environmental Policy Act (SEPA) application and City building permit processes. Please review and contact our office with questions and/or comments regarding the project or this letter. PROJECT DESCRIPTION The Convention Center fronts the Spokane River located north of Spokane Falls Boulevard and west of the Division Street/Brown Street couplet in the Central Business District (CBD) of the City. Open for public use and occupancy in year 2006, the Center includes 100,160 square -feet (s.f.) of exhibition and meeting space for conventions, conferences, meetings, and trade shows (total does not reflect auxiliary uses such as public staging areas or storage). Principal access is located a little over 200 feet west of Brown Street along the north side of Spokane Falls Boulevard. This driveway provides access to the Double Tree Hotel, the Convention Center, C.I. Shenanigans Restaurant (which closed the week of October 8, 2012), and a 400 stall parking garage intended principally for support of Center and Hotel activities (the Restaurant has a designated surface parking lot). City of Spokane transportation staff has indicated no issue with the operation of this right -in and right -out only driveway. Figute 1 shows the location of the existing Convention Center. The existing building was constructed as Phase I of a more significant proposal and plan from year 2004/2005 that includes 173,000 square -feet (s.f.) of exhibition/meeting space (this area again addresses active venue spaces that does not reflect auxiliary/support space such as kitchens, ventilation, etc). SEPA documentation and the majority of studies performed to support this project, such as the Spokane Convention Center Expansion Traffic Impact Analysis (Transpo 2004), were reviewed and approved assuming the development of 173,000 s.f. of active exhibition and meeting space. Thus, 73,840 s.f. of active meeting facilities are have yet to be developed and are approved through many permitting processes on file with the City of Spokane. Officials with the Spokane Public Facilities District are currently proposing a 91,500 s.f. expansion of the Convention Center adjacent to existing facilities. Approximately 44,450 s.f. of this will be "active" space used for exhibitions, meeting, etc, with these areas projected to generate the majority PO Box 30097 509.991.8684 Spokane, WA. 99223 billw�'•:IntermountainTrans.com Ray Wright, P.E. January 9, 2013 Page 2 of 9 of additional site trips. The remainder of the facility is designated for passive support of current and proposed exhibit/meeting areas (storage areas, kitchens, etc.) and will not actively generate or support attendees and patrons (or notable trip levels). As such, the Phase II proposal will expand exhibition/meeting areas of the Convention Center to 144,610 s.f. of active attendance/exhibition areas, which is below the 173,000 s.f. allowance previously approved by City officials. The remaining facilities will NOT generate traffic or may generates staff trips occuring outside of the peak timeframes described through this letter. Access would continue from the current driveway. The project site located within a Downtown General (DTG) zone of the City, which allows for the proposal. The project would initiate following the acquisition of permits from City officials, with completion scheduled by year 2014. A site plan will be provided to City staff by SPFD officials soon. ATTENDANCE PROJECTIONS AND FIELD SURVEYS Trip generation was forecast based on 85`' percentile attendance projections for the proposed expansion, as established using attendance trends for the current facility. Spokane Public Facilities District officials provided attendance information for conventions, trade shows, meetings, and conferences for a timeframe extending between January 2010 and September 2012, as broken down on a daily basis. The data was reviewed to determine the highest average and 85"' percentile attendance days between the years reviewed, and then average and 85`" percentile attendance per 1,000 gross -floor area was determined for the existing 100,160 square -foot facility. Table 1 provides a summary of annual attendances, with summary details attached in Excel spreadsheets. Table 1. Attendance Summaries Year 2410 Through September 2012 Year 2012 Year 2010 Year 2011 11 (nine months) Total Visitors 265,749 244,765 213.871 Average Daily Visitors 1171 964 1230 85th Percentile Daily Visitors 1,502 1,188 1,560 As shown, average and 85t' percentile attendance days were both noted to occur this year (2012), with an average of 1,230 attendees and 85`h percentile of 1,560 attendees. This calculates to an average rate of 12.28 attendees per 1,000 square feet and an 85t' percentile rate of 15.58 attendees per 1,000 square -feet of existing Convention Center floor area. As indicated, approximately 44,450 s.f. of the proposed expansion will actively generate additional attendee -trips, which are the trips expected to impact City streets during the typical weekday AM and PM peak hours. Thus, after applying the rates discussed in the previous paragraph, it is expected that active expansion areas will generate an average daily attendance of 546 additional persons and an 85 h percentile daily attendance of 693 additional persons. Field Observations Traffic surveys were performed in November and December to support trip generation projections for this project. Surveys were administered through interviews performed throughout three days PO Box 30097 509.991.8684 Spokane, WA. 99223 bi11NvC;IntermountainTrans.com Ray Wright, P.E. January 9, 2013 Page 3 of 9 during the Washington State School Directors Conference (November 14-17) and the Northwest Mining Conference (December 2-7). The combined attendance of these two events was 2,000 persons; of which, 181 surveys were collected representing 9.1 percent of attendees between events. The questions were intended to obtain as much travel information as possible within a limited number of questions (thus, having a minimal impact on the attendee's time). A summary of survey questions administered at these conferences include: 1. Where are you from? 2. How did you travel to 512okane for this event (i.e. Car, train, plane, bus, etc.)? 3. How did you travel to the Convention Center today (i.e. Walk, car, transit, shuttle, etc.)? 4. If you stayed at a hotel, which hotel did you stay at (name or location sufficient)? 5. If you drove to the Convention Center, where did you park? (i.e. Convection Center Garage or Other). Please provide lot name or describe general location. 6. If you drove or arrived in taxi/shuttle, how many convention attendees rode with you? 7. Any comments on how we can better serve your transportation needs? 8. General comments? Survey results were summarized into information that could be helpful in predicting trip generation for the proposed expansion. Table 2 provides a summary of key survey results, including summary approach information (approach Spokane and Convention Center), hotel stay, and vehicle occupancy rates. Each row identifies the summary result, with the attendees and percentages of total participants summarized by each row. Table 2. Survey Result Summary Information Total Participants 181 Attendees 100 Percent Attendee/Participants) Method of Arrival to Drive -Regionally Located Fly - Non -Region Located Spokane, WA. 98 Attendees (54.1 Percent) 83 Attendees (45.9 Percent) Method of Arrival to Walk/Bike Drive Walk/Bike Drive Convention Center 57 Attendees 38 Attendees 46 Attendees 12 Attendees (No Transit Noted during (31.5 Percent) (21.0 Percent) (25.4 Percent) (6.6 Percent) interviews) Shuttle Taxicab Shuttle Taxicab 3 Attendees 0 Attendees 18 Attendees 7 Attendees (1.7 Percent) (0.0 Percent) (9.9 Percent) (3.9 Percent) Local Hotel Stay Yes Hotel No Hotel Yes Hotel No Hotel 72 Attendees 25 Attendees 81 Attendees 2 Attendees (39.8 Percent) (13.8 Percent) (44.8 Percent) (1.1 Percent) Vehicle Occupancy Rates Walk/Bike Drive Walk/Bike Drive NA 1.2 Att/Veh NA 1.7 Att/Veh Shuttle Taxicab Shuttle Taxicab 3.3 Att/Veh NA 4.8 Att/Veh 2.0 Att/Veh PO Box 30097 509.991.8684 Spokane, WA. 99223 billw�a.-Intermountaitirrans.corn Ray Wright, P.E. January 9, 2013 Page 4 of 9 Of the 84 participants who addressed the parking location question (many abstained as they walked to the facility), approximately 64.3 percent parked in the Convention Center garage, 13.1 percent parked in the South Convention Center lot (across Spokane Falls Boulevard from Convention Center), with the remaining 22.6 percent parking principally at hotels (and walking or Shuttle to campus). Note that many attendees were staying at hotels located within walking distance of the convention (Double Tree, Marriott, Travel Lodge), which is why the walking percentages are so high. The remaining survey questions reflect comments from participants, with the following being repeated comments of attendees (three or more attendees): Improved shuttle service and notification between hotels and Convention Center; Provide shuttle service between airport and Convention Center; Attempt to promote improved taxi -service between Airport and Convention Center; - Day pass for parking at Convention Center lots (have to pay again if leave campus); - Great facility and Spokane is a nice City. O TRIP GENERATION The Institute of Transportation Engineers (ITE) Trip Generation Manual (8"' Edition, 2008) does not maintain a land use that addresses the travel characteristics of a "convention center." As such, and upon confirmation with City officials, Phase II trip generation was projected using the process and methodology outlined within the original Spokane Convention Center Expansion Traffic ImpactAnalysis (Transpo, 2004), from here on referred to as Convention Center TIA, and based on projected attendance projections and the supplemental survey data collected from surveyed conventions. Please review this study in context to this letter for further description of the process. Note trip generation was developed using studies and surveys that reflect travel to/from for the Convention Center itself, and not from hotels. It is true that convention -associated trips would arrive and depart Spokane in -route to hotels, but this impact is a function of hotel trip generation and not of the convention center. The process/steps used in estimating trip generation are summarized as follows: 1. Average and 85"' percentile attendance projections were established as described in the previous section. The expanded 44,450 s.f. of active convention facilities are projected to elevate attendance by 546 persons on an average day and 693 persons on an 85`h percentile attendance day. 2. Per the survey process, 54.1 percent of attendees are expected from this region (eastern Washington and northern Idaho) and approach Spokane via personal automobile. The remaining 45.9 percent of attendees are expected from outside of this region and will use various travel modes to access conventions, conferences, trade -shows, and meetings. 3. Person trips were determined by applying a factor of 2.5 to attendance for regional and non - regional attendees to provide for one inbound and one outbound trip per attendee, with a 25 percent margin to account for inbound/outbound trips associated with employees, ticket acquisitions, deliveries, lunch -runs, etc. This is an assumption based on the previous Convention Center TIA, and is confirmed based on our experiences with other projects. Table 3 provides a summary of average and 85`' percentile attendees and person trip totals based on the first three steps in the process. PO Box 30097 509.991.8684 Spokane, WA. 99223 billw@Intermountainl'rans.com Ray Wright, P.E. January 9, 2013 Page 5 of 9 Table I Daily Attendance and Person Trip Summaries :Werag, 851- Percentile Total Daily Attendees 546 693 - Local/Regional (54.1 Percent) -295 -375 - Outside R *on (45.9 Percent) - 251 - 318 Person Trips Per Attendee 2.5 2.5 Total Person Trips 1,363 1,733 -Local/Regional -735 -938 - Outside Region - 628 - 795 4. The distribution of attendees between travel modes was then determined. Based upon the surveys, about 38.8 percent of local attendees would travel to/from the site by auto or taxi, 3.1 percent via shuttles, and 58.1 percent by walking or biking. Of attendees from outside the region, about 22.9 percent are expected by auto or taxi, 21.7 percent by transit or hotel shuttles, and 55.4 percent by walking or biking. Table 4 provides a summary of approaching and departing person trips by way of the principal travel modes discussed. Table 4. Travel Mode Summaries A-1-9c 85�h Percentile Total Person Trips 1,363 1,733 Local/Regional Person Trips 735 938 - Automobile/Taxi (38.8 Percent) -285 - 364 -Transit/Shuttle (3.1 Percent) -23 -29 - Walk/Bike (58.1 Percent) -427 -545 Outside Region Person Trips 628 795 - Automobile/Taxi (22.9 Percent) -144 -182 - Transit/Shuttle (21.7 Percent) -136 -173 - Walk/Bike (55.4 Percent) -348 -440 5. For local events, a rate of 1.2 persons per automobile/taxi and 3.3 persons per shuttle was assumed as based on surveys. A rate of 1.7 persons per automobile/taxi and 4.8 persons per shuttle were assumed of non -regional trips. This was applied to person trips to estimate trip generation for the Convention Center expansion. 6. The original Convention Center TIA makes some assumptions about arriving/departing and inbound/outbound distributions, and these assumptions were again used for this study. The TIA estimates that 30 percent of total automobile trips occur during the AM peak hour and 30 percent during the PM peak hour. An 80 percent inbound and 20 percent outbound assumption was used for the AM peak hour, with the reverse (20% in/80% out) assumed for the PM peak hour. Table 5 provides a summary of approaching and departing vehicle trips based on average attendances. Table 6 provides a summary based on 85`h percentile PO Box 30097 509.991.8684 Spokane, WA. 99223 billwCkJntermountaiidfrans.coin Ray Wright, P.E. January 9, 2013 Page 6 of 9 attendance for the weekday, and AM and PM peak hours of the typical weekday. Again, thcsc arc trip projections with the additional number of attendees assumed for events with the Convention Center expansion. Table 5. Vehicle Trip Generation Summaries — Average AM Peak Hour (30 Percent) PM Peak Hour (30 Percent) Weekday 1 (80% inbound-2 0°/0 outbound) 11 (20% inbound-80% outbound) Total In Out Total In Out Total Local/Regional Vehicle Trips 245 58 15 73 15 58 73 - Automobile/Taxi (1.2 occupancy) - 238 - 57 - Transit/Shuttle (3.3 occupancy) - 7 - 1 Local/Regional Vehicle Trips 113 25 9 34 9 25 34 - Automobile/Taxi (1.7 occupancy) - 85 - Transit/Shuttle (4.8 occupancy) - 28 Total Vehicle Trips 358 83 24 107 24 83 107 Table 6. Vehicle Trip Generation Summaries — 85`h Percentile AM Peak Hour (30 Percent) PM Peak Hour (30 Percent) Weekday (80% inbound-20% outbound) (20% inbound-80% outbound) Total In Out Total In Out Total Local/Regional Vehicle Trips 75 19 94 19 75 94 - Automobile/Taxi (1.2 occupancy) ]303 - 73- Transit/Shuttle (3.3 occu an - 2 Local/Regional Vehicle Trips 143 27 10 37 10 27 37 - Automobile/Taxi (1.7 occupancy) -107 - Transit/Shuttle (4.8 occupancy) - 36 Total Vehicle Trips 455 102 29 131 29 102 131 As shown, the expansion will generate 358 weekday trips during an average attendance condition, with 107 trips generated during the AM peak hour and 107 trips during the PM peak hour. There are 455 weekday trips generated by the 85`h percentile condition, with 131 trips generated during the AM peak hour and 131 trips generated during the PM peak hour. Trip Reductions The expansion has resulted in the closure of C.I. Shenanigans, which was a popular restaurant and bar located adjacent to (east) of the existing Convention Center. There are currently no plans to replace this restaurant anywhere within the CBD and, as such, the increase of trips associated with the expansion can be somewhat offset with the loss of this historically active restaurant. PO Box 30097 509.991.8684 Spokane, WA. 99223 billw@=JiatermountainTrans.coin Ray Wright, P.E. January 9, 2013 Page 7 a 9 Restaurant trips were determined using Institute of Transportation Engineers JTE) Trip Generation Manual (8 h Edition, 2008), per standard local methodologies. Even though Shenanigans serves breakfast and has a bar, this was a quality restaurant with higher prices and lower turnover rates. Thus, trip generation was predicted based on ITE Land Use Code 931 for a Quality Restaurant based upon rates that equates trips to the 7,000 square -foot size of the building. A summary of trip generation for the restaurant is provided on Table 7 for the weekday and AM and PM peak hours of the typical weekday. Table 7. Vehicle Trip Generation Summaries — CI Shenanigans Restaurant AN Peak Hour PM Peak Hour (33°�o inbound�i7°Iq outbound) (47°/° inbound-55% uutbouod) Weekdsry Tnr"ii In Uut total In Utu fatal Total Vehicle Trips 630 = = = 35 17 52 As shown, the restaurant is predicted to generate 630 weekday trips with 6 trips generated during the AM and 52 trips during the PM peak hour. These trips were then reduced from the projected totals of the convention center expansion to determine the net increase of traffic projected with the expansion versus reduction of the restaurant, over current traffic totals that exist on City streets today. A summary of this comparison is provided on Table 8 for the weekday, and AM and PM peak hours of the typical weekday. The comparison was provided based off 85`h percentile trip generation projections for the expansion, as this is the trip impact condition that would be reviewed for City concurrency evaluations. =able Vehicle Trip Gains —Net Gain In Trips (85`b Percent Condition) yy AM Peak Hour (30 Percent) PM Peak Flour (30 Pc=nt) Weekd (33% inbound-67%outbound) 11 (070/a inbound-33°l° outbound) 'local [n Out I'utal In Out I"oral Convention Expansion 455 102 29 131 29 102 131 C.I. Shenanigans 630 F 67] 35 17 52 Net Gain -175 +100 +25 +125 +85 +79 As shown, there is a net loss of 175 trips throughout the typical weekday. However, there is an increase of traffic during peak/commute rush hours with a gain of 125 trips projected during the AM peak hour and 79 trips during the PM peak hour. TRIP DISTRIBu'rION AND ASSIGNMENT Trip distribution was also based on data available from the Convention Center TIA, which in turn was based upon survey information collected for the initial study. These distributions were approved by City of Spokane staff. A summary of these distributions, and the resulting assignments PO Box 30097 509.991.8684 Spokane, WA. 99223 billwCi lntermountaiiarrans.com Ray Wright, P.E. January 9, 2013 Page 8 of 9 and projected gains in weekday and peak hourly trips, is shown on Table 9. Trip assignments were developed based on the net gains in traffic shown on Table 8 for the 85t` percentile attendance condition, as other trips already existing within the street system (as they were restaurant trips). Table 9. Vehicle Trip Generation Assignments —Gain In Traffic Percent � AM Peak OM Peak Distribution Weekda Hour 11 I•lour Division/Ruby North 20% -35 46 36 Division Street South Washinjpn Street North Stevens/Washington South Monroe/Lincoln North 10% -18 23 19 Monroe/Lincoln South 2% Interstate 90 West 10% -18 23 19 Interstate 90 East 30% -53 69 56 2°d/3rd Avenues West 3% 2°d/3rd Avenues East Main/Riverside Avenues West Spokane Falls/MLK Blvd East 2% Sprague Avenue East 5% 12 Total Trip Gains 100% -175 125 79 TRAFFIC IMPACT FEE The City of Spokane maintains a traffic impact fee for road improvements within the CBD. According to the fee schedule (attached), there is a TIF of $90 per PM peak hour trips gained for a project, which in this case is a net gain of 79 PM peak hour trips. The resulting TIF associated with the Convention Center Expansion is therefore $7,110 as based upon conservative 85ffi percentile attendance projections. The initial Convention Center expansion was approved to a building footprint of 173,000 s.f, with 73,840 square -feet reserved for future development. Thus, a level of traffic impacts have already been addressed and mitigated with initial approvals. It should therefore be noted that some duplication of mitigation will occur with the payment of this fee, but SPFD officials have agreed to it for the betterment of the downtown transportation. SUN D&ARY AND CONCLUSIONS A 91,500 s.f expansion of the Spokane Convention Center has been proposed by the Spokane Public Facilities District, with about 44,450 s.f. of this area used as "active" space for exhibitions, PO Box 30097 509.991.8684 Spokane, WA. 99223 billw@JntermountainTrans.com Ray Wright, P.E. January 9, 2013 Page 9 of 9 conventions, events, etc. The remainder of the expansion is designated for passive support of current and proposed exhibit/meeting areas (storage, kitchens, etc.) and will not actively generate new site trips. The 85`' percentile attendances of the existing Convention Center was reviewed and broken down into a rate of 15.58 attendees per 1,000 s.f. of building area. Based on this rate, the 44,450 s.f. expansion of active attendance areas results in a projected gain of 693 persons. Trip generation was based on the methodologies researched and outlined within the Spokane Convention Center Expansion TrajficlmpactAnalysis (Transpo, 2004), and based on manual surveys performed for two conventions in November and December 2012. The result is 85" Percentile attendance projections for the Center are expected to generate 358 typical weekday trips, with 107 trips generated during the AM and 107 trips generated during the PM peak hours. The expansion has resulted in the closure of an existing busy restaurant called C.I. Shenanigans, and this restaurant generates trips that already occur upon City streets. Thus, the expansion and restaurant trip totals were compared to determine the net gain in traffic projected with this development action. The result is a net decrease of 175 weekday trips; although a gain of 125 trips is expected during the AM peak hour and 79 trips during the PM peak hour. The City maintains a traffic impact fee for the downtown area of $90 per PM peak hour trip. Trip gains and the fee were compared to estimate a total of $7,110 in transportation impact fees would be provided to support City roadway improvements and mitigation strategies. We hope this information is sufficient to support SEPA and City building permit processes. Again, please review and feel free to contact our office with questions and/or comments. Sincerely, Intermountain Transportation Solutions William (Bill) White Christopher J. Reich Planning Principal Principal Engineer PO Box 30097 509.991.8684 Spokane, WA. 99223 billwCalntermountaidfrans.coin Ray Wright, P.E. January 9, 2013 Page 9 of 9 conventions, events, etc. The remainder of the expansion is designated for passive support of current and proposed exhibit/meeting areas (storage, kitchens, etc.) and will not actively generate new site trips. The 85"' percentile attendances of the existing Convention Center was reviewed and broken down into a rate of 15.58 attendees per 1,000 s.f. of building area. Based on this rate, the 44,450 s.f. expansion of active attendance areas results in a projected gain of 693 persons. Trip generation was based on the methodologies researched and outlined within the Spokane Convention CenterEVansien Trafic ImpactAnayI ds (Transpo, 2004), and based on manual surveys performed for two conventions in November and December 2012. The result is 85 h Percentile attendance projections for the Center are expected to generate 358 typical weekday trips, with 107 trips generated during the AM and 107 trips generated during the PM peak hours. The expansion has resulted in the closure of an existing busy restaurant called C.I. Shenanigans, and this restaurant generates trips that already occur upon City streets. Thus, the expansion and restaurant trip totals were compared to determine the net gain in traffic projected with this development action. The result is a net decrease of 175 weekday trips; although a gain of 125 trips is expected during the AM peak hour and 79 trips during the PM peak hour. The City maintains a traffic impact fee for the downtown area of $90 per PM peak hour trip. Trip gains and the fee were compared to estimate a total of $7,110 in transportation impact fees would be provided to support City roadway improvements and mitigation strategies. We hope this information is sufficient to support SEPA and City building permit processes. Again, please review and feel free to contact our office with questions and/or comments. Sincerely, Intermountain Transportation Solutions William (Bill) White Planning Principal PO Po-x 30097 Spokane, 'WA. 99223 0 Christopher). Reich Principal Engineer 509.991.8684 hill,.v@lntermountainTrans.com SITE LOCAT10N ITS CONVENTION CENTER EXPANSION SPOICANTENVASHINGTON c' t 1_7 -N - -0 _j E Mission -Ave !r Sinto Ave �n_ Sharp Ave ,,h ar P A v e? � it �� ; i �--- _. _ � f , ��� Ili �� r Babne Ave n a C,,- tawoAL U3 .. . ....... im Ave C, n tN, (_'o�rOGGNVENTION Cdege,,AveCENTER P.7 iy Park C I ty -c-binve ',on; w5lu r 5poktmt, C) H814 1-7 ;Yi rk tj a — E] �j — " Main Ave L Way L J I I Ll U_ J 0:) Li Ej Sprague.Ava O"_ L 8 -J- 260 Ave 3rd Ave 3(d Ave .5M 771 CO �Ave IF Blh Ave Ho5q,401 Ah Ave- _44 8M Ave 1636 W.First Avenue, Suite 112 �)09.60J.90 " tj Spokane, NWA. 99201 bil.1«.-@Interii.iountaii.i'l'rans.com T .< lD (7 N Q 0 - N � r-r N M n D 4A 4j 1. 4j'p. A V -P. 00 w 0) V O 5n N O 000 � 0 00 n 0 0 01+i m 0 Q m ,rt a• � r� o (D (D X Q N. 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(MD N (D n CLa '+ cD �n C umi 0, O � m m lu 2 O C c i) m N o D D � of r O \f h rr S m O M • y - O D D -0 w D O rT cu � v (Nn N 0) :3N 7r < c C:- O_ c O n H a0o � 3 3 o< 3 .� p .... o v 0 CD O 00 O a n W 3 :3 � N v A G O - Q -s In c �. O 0 rt c (D D Q: 7 O O 3 07 � 7 O 3 00 c SD^r (D '+ fD = fD J S O v v n O O O jr O O M � 3 O CQ 0 DJ W J �D — 3 X 2 s 0 0 v w O O rr -h p m * 0 ~' Z iv C)o m M rD 0 h N � rb I Off' rb v � 0 1" F p O S O 0 m No m 1 O fu e m rL a C 4 �' 3 04 i" X7 }� 0Q v m Lri t a) 0 0 0 0 o a 1 � W O 0 0 m 0 CD C 0 0 m 3 rp a n n C � f D rIAD o D o D D c c c 3 c m m' m 00 fD W 3 :: p In o n O O O (D 0 v N M n uu _0 n. Q Z3 Oq M O 0q 0) M O O 3 LM rr 0. O Qj a z D < O w N W i�o Ln o d � a m C ;r Q. m 2 O C M d X, OA G1 m m m O C O - C), m v m D c 0 7 M � S. 3 3 N OD G S M m d 2 O C O n O 3 m m m 3 n m n m 7 m a d tr m m m N N 97 m O_ m O1 M m I O 3 Oq a rt 7 Q n m h m m 3 A m A m m rF m Niagara Falls Convention and Conference Center Civic Project Table 3-2 Projected Trip Generation/Distribution Reuse of Falls Street Faire for Convention Center Functions Large Event Scenario Site Information a. Land Use: Convention Center b. Square Footage of Facility: 113,000 SF c. Peak Event Attendance: 6,000 Persons Peak Traffic Period & Scenario Assumptions a. Event Type b. Peak Weekend Traffic Period: c. Convention Attendee Arrivals During Peak Period (i.e., 25% Arrive at Hotels Outside of Peak Period) Opening night of a major event at facility, such a keynote reception. SAT 3:00 - 7:00 PM 75% x 6,000 = 4,500 Persons Weekend Peak Trip Generation a. Assumed Average Occupancy per Vehicle 2 Persons b. Assumed Average Transit/Shuttle Use Ratio 0.5 Persons c. Assumed Cumulative Automobile Occupancy Ratio includin Transit/Shuttle Use a. + b. 2.5 Persons/Vehicle d. Auto Trips Generated by Event During Peak 3:00 — 7:00 PM Saturday Period 4,500 Attendees - 2.5persons/vehicle) 1,800 Auto Trips Occurring Between 3:00 — 7:00 PM the Day of Event e. Assumed Auto Trips Occurring During Highest Single Peak Hour (80%) (1,800 Trips x 80%) f. Directional Distribution: 95% Entering the convention center area 1,440 Trips x 95% 5% Exiting the convention center area (1,440 Trips x 5%) 1,440 1,368 Auto Trips Occurring in Highest Single Hour in the Above Peak Period Auto Trips 72 Auto Trips Assumed Distribution - Based Upon Typical Average Daily Traffic on Downtown Streets Origin/Destination Percentage Entering Exiting 50 Robert Moses Pkwy/ John B. Daly Blvd - South 70% 958 Niagara Street - East 5% 68 4 Main Street/ Robert Moses Pkwy - North 10% 137 7 Rainbow Bridge - Canada 5% 68 4 Robert Moses Pkwy/1st Street 10% 137 7 TOTAL 100% 1,368 72 f"N'r° sia,z�J, Final — 13 September2002 32 o10 e ola e / 7 k 0 rLXX } c ju 4 m m -l< = CL m \ CL J » (D � $ f / ƒ � a rb C) � / 7 » 2 k » E 2 k / e 2 / \ g £ \ $ . 7 \ » in2 / % (D M \ ® ƒ . w .30/\ / m CL Nj o J J A @ $ � a ® % " R ƒ m n \ 2 / 0 & J ` 2 = 0)§ F % ® D 00 z � 2 A « � � 2 « ƒ , 0 k cr LM 0 � 0 t C % g m � / ■ 0 n /oCD 2 ƒ Q \ a rL $ 2 /a)£ m 0 2 c £ \ ID a � m J �. J � m � ■ � 7 7 a M pq. ■ ~ CL 0 n k / a o ; 7mw2 J �(\0 2 7 \ 6 ] ƒ I CL #Ln J e g f k i ® CL \ 2 J / T 2 7 } CL ƒ m a # 3 J # a - (D / m £ p � 2 � � = ch " L 0 P pt L 0 P pt / _ / E f 0 « / C E } \ / / (A \ (D m @ u �\ . � o ` c � M n / # C) k } � .. b h % /� 2 2 y (A/ o i« r r f> 2 c / R£ » _ & 3 ] 0 > 0£ ° 2 7 3 . k } ®\ \ [ & \ 9 ® \ - 0 % \eD 2 o°° $¥ 0 R © J/\ g o fu 7 § k ¢ \ K 0 \ ° � ) ] } 2 ° R \ J a _ 7 § GSDCFO° E E R \ / C } k 7 -0} m o § . m a [Al m rIlEF & � E ® % } \ - \ \ $ } @ } d m CD/ M \ § z 3 ® J } ƒ /CL $ 0 § « > - ƒ \ / # _ \ k \ / 0 o z \ G 2 \ � ƒ 2 n � � ƒ c § : a \ � / 0 g \ 2 � \ k $ � \ f \ � \ \ � / ¥ � � � ! § , . m c UO w 2 @ 2 him 2 § Ln o n k z ao w��]A ww N L:z j ao 0 00 0o N� o'�o. w S �x N o o G C 5 aa may. � g �o �' ��� H � 3 3 o c �• 2 r r A � N N II II II II II y e o c o r 7 !t NSC��kXkkXx r rote _ ro O w 0 0 0 A& T b W u M2 A rn is � G ro W O N E �O �O w A A N w w �• 'Z O[ J 0 � A m ee�e ge y a 00 H° aIt rn w � VJ A m y e � v iY �Hw IT w � Njn H � W U� •' M A TN Exhibit A—Sco Client Name: Project Name: Exhibit Dated: Scope of Services Lorax Partners of Services, Fee & Schedule Federal Way Performing Arts and Conference Center December 20, 2013 TG: 13229.PR The following scope is based on project information received by Transpo Group (Transpo) from Lorax Partners (Client), telephone conversations with the Client and City of Federal Way staff on December 19, 2013, and Transpo's professional experience preparing trafficlparking analyses for similar developments_ The project would include a 42,000-sf performing arts and conference center, 120-room hotel, and 173 parking stalls constructed on the northeast corner of S 316th Street and 20th Avenue S. Access is proposed via two driveways, one on S 314th Street and the other on 20th Avenue S. Concurrency Application and Traffic/Parking Study • Concurrency Application. Transpo will assist the Client in completing the required transportation concurrency application, including providing pertinent information such as the development build - out year and vehicular trip generation for the weekday peak hour of adjacent street traffic, one hour between 4:00 and 6:00 p.m. (weekday PM peak hour). Trip Generation Analysis. Vehicular trip generation will be estimated for the weekday PM peak hour and peak hour of the proposed facility estimated to occur on a Friday or Saturday evening and coinciding with post -event activity of the performing arts center. Trip generation for the performing arts and conference center will be estimated based on the anticipated event schedule and operational/program characteristics of the center whereas trip generation for the hotel will be estimated based on the number of rooms and average trip rates published by the Institute of Transportation Engineers (ITE) in Trip Generation. Parking Analysis. The proposed on -site parking supply and availability of other nearby supply will be addressed relative to the peak weekday daytime parking demand (primarily associated with the conference center) and Friday or Saturday evening peak parking demand (primarily associated with the performing arts center and hotel). Parking demand will be estimated based on the anticipated event schedule and operational/program characteristics of the performing arts and conference center whereas demand generated by the hotel will be estimated based on the number of rooms and average parking rates published by the ITE in Parking Generation. • Traffic/Parking Study. Vehicular trip generation and peak parking demand estimates will be documented in a draft memorandum. This memo will also qualitatively address vehicular circulation and site access operations and identify mitigation measures to reduce or off -set potential impacts. Mitigation will likely be limited to implementation of an on -going traffic/parking management plan. Transpo will finalize the memo following one round of review comments from the Client and City of Federal Way. Fee Transpo will complete the proposed scope of services for a lump -sum fee of $5,000 (inclusive of labor and expenses). Transpo will work closely with the Client and Federal Way staff to assure that all efforts are directed in a manner consistent with overall project objectives. Should the scope of services or project information change following contract execution, Transpo will notify the Client if these changes will affect the fee and require a contract amendment. Page 1 �` i:ranspocarouP Schedule Provided the Agreement for Services is executed by Monday, January 6, 2014, Transpo anticipates completing the proposed scope of services by Friday, January 17, 2014. This schedule can be impacted by factors outside the control of Transpo. Should the scope of services or project information change following contract execution, Transpo will notify the Client if these changes will affect the schedule and require a contract amendment. Vira lSPOOPOUP Page 2 § / ƒ Ef z0 § CL j LA a \ . \ / : / f : z R / .. G > ? � � z . / y £ M D \ \ § § -0 .. 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NJ/ o , < g E 0 / \ ± ® ƒ j= n o � )fD ± \ E R w S D ®2 �k7 ` $ X / CL- % 2M CL 0 ± / / § / � \ / � 7 = 2 \ ; { $ \ * \ \ Q e LU o \ 0 0 0 rl k -n LA / 2 fu I 2 w Pr rn � @ k � k ¢ % M 7 � 0 � \ k % / I ( % m 0 I 2 LA � � £ g m 0 ] § rr g S l c lu 0. 0 G o <: ± 0 2- \ ® E D o 7 \_ $ \ G ] m \ n Z3 CL ƒ < / -0 \ (D / \ \ � . \ d ƒ \ 2 � 0 M 2 \ / / % z z aq f o n a f \ D \ / \ w G 2 ® . g\ / n t e y, 1 m \ d� § � § � § � \ $ } ® CL / 7 \ Z5 § m= L n o 0 0 a 2 0; \ m f d a R ]> \ _0_0 D. C k \ . m 0 $ 2 ® m 2 / \ . \ /_ D q : d 0 CL � \ > _ > D \ zr 2 t / k CL 0 / w 0 a w m 00 Ln 0 E $ m CU k I k \ 2 e g � m E k % m 0. o d / / � £ % / I k / § I R m \ § ] CL. 2 m J m N � § m a- m � � 2 � m 0 § E � D 2 § CL n m m m m n m � I 1"hh'_ _..' ITT OF Federal Way Date: May 27t", 2014 MEMORANDUM Public Works Department To: City of Federal Way Surface Water Management and Development Services Staff From: Tony Doucette, P.E. Fei Tang, P.E. William Appleton, P.E. Subject: City of Federal Way Performing Arts and Conference Center —A Case Study for Re- development with Unclear Flow Control Requirements Purpose and Background This memorandum documents the analysis and evaluation comparing flow control requirements for re -development parcels that have some level of on -site existing detention serving a combination of on -site and off -site parcels. More specifically for the City of Federal Way Performing Arts and Conference Center (PACC) case study, the existing Level 1 (presumably) flow control facility serves both the site of the PACC and a smaller, previously developed off - site parcel. City staff evaluated several detention options versus three different target flow control scenarios as part of the PACC Master Land Use Application submittal review. Pre -Development Condition The PACC site was formerly a Target store and is fully paved with an abandoned building and a detention tank 129 feet long by 108 inches in diameter at the southwest corner of the site. The off -site area is a portion of the paved parking lot and building roofs in the strip mall development north of the PACC site. 8,202 cubic feet of storage volume in the detention tank serve both on - site and off -site areas before discharging to the storm drain system in 201" Ave S. The detention tank control structure is a manhole with three orifices and overflow to a 12-inch riser with approximately 3.1 feet of freeboard between the overflow and top of manhole. A summary of on -site and off -site areas contributing to the detention pipe is provided in Table 1. Note that the total PACC on -site area is 3.86 acres, but only 3.26 acres drain to the existing detention tank. A full discussion of existing conditions, drainage basins and site characteristics is provided in the Preliminary Technical Information Report (TIR) for the Federal Way PACC prepared by PAC LAND, dated January 28th, 2014. Table 1 Contributing Area Area (acres) On -site 3.26 Off -site 1.19 TOTAL 4.45 Post -Development Condition The existing, abandoned Target store will be demolished and replaced by the PACC and future hotel facility with an improved parking lot. No revisions will be made to the off -site contributing area. In the post -developed condition, the total on -site area of 3.86 acres will drain to the new detention facility. A summary of on -site and off -site areas contributing to the proposed detention vault is provided in Table 2. The design in the TIR proposes an 80-ft by 80- ft by 10-ft underground detention vault. PAC LAND sized the vault by evaluating the required Level 2 flow control facility for the on -site area only. The 78-ft by 78-ft by 10-ft vault required was then increased to 80-ft by 80-ft by 10-ft to add the equivalent pro -rated storage volume provided in the existing tank for the off -site area. The equivalent pro -rated storage volume was determined by dividing the off -site area (1.19 acres) by the total contributing area to the existing detention tank (4.45 acres) and multiplying the decimal result by the total detention tank volume (8,202 cubic feet). The added volume in the 80-ft by 80-ft by 10-ft vault is 3,160 cubic feet compared to the pro -rated volume of 2,193 cubic feet. Table 2 Contributing Area Area (acres) On -site 3.86 Off -site 1.19 TOTAL 5.05 Discussion of Target Scenarios SWM staff discussed a comparison approach to the review. In theory, since the off -site contributing area would remain untouched, the existing detention tank could continue functioning in place separate from a new detention vault for the PACC site. Leaving the tank in place and separating the PACC inflows would comply with City of Federal Way and King County development requirements that require new and redevelopment to provide Level 2 flow control. However, leaving the pipe in place is counter to the goals of both the development and the surface water management flow control. The development plans to revise the building and parking site layout, while surface water management would prefer both on -site and off -site runoff to meet Level 2 flow control requirements. The Western Washington Hydrology Model 2012 (WWHM) was used for the review analysis in lieu of the King County Runoff Time Series (KCRTS) model because it automates the process sizing of Level 2 flow control facilities. Three Target Scenarios were developed for vault performance comparison and summarized in Table 3. Table 3 Target Scenario Description Target Predeveloped Modeling Input Scenario 1. On -site predeveloped 3.86 acre PACC site modeled as "C, Forest, Flat" 2. On -site and off -site 3.86 acre PACC site modeled as "C, Forest, Flat" redevelo ed 1.19 acre off -site area modeled as "C, Pasture, Flat" 3. On -site predeveloped and off- 3.86 acre PACC site modeled as "C, Forest, Flat" site routed through existing 1.19 acre off —site area modeled as "Parking/Flat" detention tank volume routed through pro -rated existing detention facility The three scenarios consider a point of compliance as the existing manhole in 20"' Ave S immediately downstream of the existing detention facility. The intent of Target Scenario 1 (Target 1) was to determine the stream protection duration curve for development of the PACC site only. Target Scenario 2 (Target 2) provides the stream protection duration curve for the ideal surface water scenario where the full contributing area to the existing detention tank is mitigated with Level 2 flow control. Target Scenario 3 (Target 3) represents the "mixed" scenario stream protection duration curve if the off -site area continued to attenuate through the equivalent pro -rated storage volume provided for the off -site area in the existing detention tank, while the on -site area is routed through a new, separate vault providing Level 2 flow control. The goal of Target 3 is to compare what the target scenario at the point of compliance would be if the existing facility were instead separated into one each for off -site and on -site detention and only the on -site portion were improved. Model Results Several models were run to size detention vaults and compare different vault sizes and orifice configurations to the three target scenarios mentioned in the previous section. A summary of the vault size, storage volume, and orifice configuration results is shown in Table 4. A graphical depiction of each detention vault performance compared to the target scenarios is provided in Figure 1. Note that the stream duration target for each vault configuration is easily determined by noting the first number in the model name and the maximum flow value shown on the plot. For example, models 2-81, 2-85 and 2-90 are all compared to Target 2 and do not show any flow values above the Target 2 50-yr peak flow on Figure 1. The second set of numbers reflects the square dimension of the detention vault footprint. For example, 2-81 is an 81-ft by 81-ft by 10-ft detention vault. Table 4 Total Tank Orifice 1 Orifice 2 Orifice 3 Predeveloped Mitigated Vault Storage Dia (in)/ Dia (in)/ Dia (in)/ Model ID Description Descri tion Size Volume Ht (ft) Ht ft Ht ft Onsite Onsite L2 0_911 1.4" 0.9" ! (Target 1) Undeveloped FC 81 x81 65,610 0' 6.5' 7.3' On & Offsite: Combined 1.1" 2.0" 1.2" 2 (Target 2) Undev. L2 FC 96x96 92,160 0' 6.7' 7.5' On & Offsite Partial L2 1.1" 2.0" 1.2" 2-81 Undev. FC 81x81 65,610 0' 6.7 7.5' On & Offsite Partial L2 1.1" 2.0" 1.2" 2-85 Undev. FC 85x85 72,250 0' 6.7' 7.5' On & Offsite Partial L2 1.1" 2.0" 1.2" 2-90 Undev. FC 90x90 81,000 0' 6.7' 7.5' Offsite routed, Onsite Target 2 L2 1.7" 2.4" 1.5" 3 (Target 3) Undev. FC 8I x81 65.610 0' 67 7.5 ez di CL 0 E 7 2 LL I E u + 2, .� rt ml; tia zs ZS a cn 41 o 2 ct a o a a a u o o cs o Ln ■ ■ ■14 I I .bA 1.L a llllill{lml 0 --r- , o © 0 (sp) fll IF. i � I cs 0 ci ci o Summary and Conclusions The results summarized in Table 4 show that: • Target 1 and Target 3 result in similar sized vaults with different orifice configurations • Target 2 results in a much larger vault size than Target 1 or 3 Comments on Figure 1: • The three runs titled "2-81," 2-85" and "2-90" provide a sensitivity analysis of smaller vault sizes than required compared to Target 2 , but with the same orifice configuration • The vault size and orifice configuration required to mitigate Target 1 results in more frequent flows exceeding the stream protection duration of Target 2 than the vault size and orifice configuration required to mitigate Target 2. Reference the "Scenario 2-81 Mitigated" and "Scenario 1 Mitigated Vault Compared to Target 2" series shown. Conclusions: • Although Target 2 is preferred, Target 3 is the most likely considering it would be the condition if the facilities were separate. The 81-ft by 81-ft by 10-ft vault and orifice configuration to meet Target 3 reflects the most likely existing scenario if the contributing areas were combined downstream of two separate flow control facilities. • The consultants analysis using KCRTS to size a 78-ft by 78-ft by 10-ft vault and adding an additional 3,160 cubic feet of volume for an 80-ft by 80-ft by 10-ft vault is reasonable. Based on the results of this comparative review, the PACC vault should move forward with the consultants 80-ft by 80-ft by 10-ft recommendation. ■ The policy information from this case study for future applications where on -site and off - site areas combine on -site is to define the most likely existing Target stream protection duration and provide flow control as much beyond Level 2 for the on -site area as feasible. Additional Observations for Future Consideration: • The relative size of on -site and off -site areas should be considered in determining the Target stream protection duration curve. In the PACC case study, the off -site area was less than 25% of the total contributing area to the detention facility. The off -site impact on the stream protection duration curve may be unreasonable in situations where the off - site contributing area comprises a larger percentage of the total contributing area. For example, a vault size proposed to meet a "mixed" Target result that is smaller than what would be required for the on -site area only should be questioned. After Recording. Return to: Shamon Sperry, Esq. Lasher Holzapfel Sperry & Ebberson PLLC � 601 Union Street, #2600 1 Seattle, WA 9.810.14000 I ! 20101222000939 CHIE283 TITLE @as 76.00 12/22//2010F12:32 KING COUNTY, WA CHIGACOWLE INS. CO. R F#_►-316s:32-6 DECLARATION OF RECIPROCAL ACCESS EASEMENT AND MA.11TENANMAGREEMENT Refeience N'os;: N/A Grantors: HILLSIDE PLAZA ASSOCIATES LLC' ;' .,a Washington limited liability company CITY OF FEDERAL WAY a Municipal: organization PAL-66:COMPANY, INC. .. -a Washington carpoyatiari Grantees: HILLSIDE PLAZA ASSOCIATES LLC a Wa t irigton lirtuted7ia4fiityr Corti -pang CITY OF FEDERAL WAY a municipal organization,: I PAL -DO COMPANY, INC: DECLARATION OF RECIPROCAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT This DECLARATION OF RECIPROCAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT (the "Dee , 1aration'j'i's-.=de effective the 17th day of December, 2010 (the "Effective Date") by'and between HILLSIDE PLAZA ASSOCIATES LLC, a Washington limited Uability qom'pany.("HFA"); PAL-Db COMPANY, INC., a Washington corporation (" PDC'% and CITY -OF -F3DERAL. WAY, A muriielpal organization ("COFW") (HPA, PDC, and COFW may each be referred to is a "party" a4d,• collectively 'aa., the .,parties,5- RECITALS A. HPA is the owner of the lot 4n F60M Way, -WA legally described in Exhibit "A" attached hereto and made a part hereqrf (he-reinafter, "Lett .i B. COFW is the owner of tht lof in Federal WayL, VA leg'ally,des-cribed in Exhibit "B attached hereto and made a part hereof (hereinafter,:"L6t 3"). - PD'WA leg61l'y'-described in Exhibit 11C 0. Gs the owner of the lot in Fede ral .-Way.�- attached beret-O.and made a part hereof (hereinafter, "Lot 4") (Lot 2, Lot. 31, and.lot.4 referred to individually'as a "lot" and collectively as the "Lots"). U. tot Z'_ and -Lot 4 are currently subject to an Operatioif"and Easement Agreement b0tween- Dayton Hudsoni Corporation and BCE Development, Inc. madd- 64 -entered into as of 1jecernbei-0,19864trid reeorded under King County Auditor's HeNo. 8612191-590:-as subsequently modified by Art ertdmie6i No. I t6corded under King Auditor's FileNo. 8704071270 (the "OBA"). E. L6.t 3 was-_,Orevibusly removed from the OEA, and in connection therewith, the parties wish to provide for'-.4on-exickisive ea8 . err . ionts-,fbris-built utilities as well as the maintenance thereof NOW, THEREFORE; in c!Zt3$idera1i6n of the,- rnutual promises and 'covenants contained herein, and other valuable _consideration; the' receipt -and --sufficiency of which are hereby acknowledged, the parties herebyE!grA6 AGREEMENT,; Z. I Grant of Easement for Utilities. a. COFW hereby grants and conveys to HPA and PbC, and theirguccessors and or assigns for the benefit of Lot 2 and Lot 4, non-exclusive perpetual _e'asemi,4,-nts, in, Y0, over, .under'....-. along, and across those portions of Lot 3 necessary for the maintenance; operation, flow, passa use, connection, repair, replacement, and removal of utilities and related f66liti6s,Vsed by, tiedlo, SEA—DOCS:973419.1 Page 3 of en�,dyed-by, or for the benefit of Lot 2 or Lot 4, but only to the extent of as -built utilities currently in existence.as.of the date of this Declaration as well as those disclosed by survey made as of the date Of £iiis Declaration (and to the extent any such utilities are relocated pursuant to paragraph (d) below); 'such utilities to include without limitation sanitary sewers, storm drains, water (fire and domestic), gad, electrical, telephone, data, and communication lines and services. Except with respect to existing ground mounted' 'or above -grade utilities, all other utilities shall remain underground undess• required to :be above ground by the utility providing such services. The easement area far each=utility'shall be a corridor no larger than whatever is necessary to reasonably ' satisfy the utility company as to a public-Utilityor five feet (5'} on each side of the centerline as to a private utility: b. Notwithstandiog the foregoing, COFW shall have the right to use Lot 3 for any public or private use not inconsistent withthe purppses of this Declaration provided COFW shall not: i. Interfere with or diminish the utility services to Lot 2 or Lot 4; or i i. Reduce or unreasonably impair the useulness or function of such utility. G. COFW will also be responsible for -the mairitenance..,of landsra'ping and the surface of easement fleas to adequately provide for the access; ingress; artcf egress required by this Declaration. The easement rights granted hereunder are non-exclusive and sbaWbeusedin common with the COFW and the occupants of Lot 3 and invitees thereof. d.. CQFW shall have the right at any time to relocate a utility- line situated upon Lot 3, with sixty (00) ddys'.'prioit written notice to the owners of Lots 2 and 4, provided that such relocation: (i} shall riot IMCA re:With or diminish the utility services to Lot 2 or Lot 4; (ii) shall not -reduce or• unreasonably impair the usefulness or function of such utility; r (iii) shall be performed without�cost: ar expense to the owners of Lot 2 or Lot 4; (iv) shall be completed using materials and design.staridards which equal or exceed those originally used; and (v) shall have been approved by the utility coriipany and:the apprbpriate governmental or quasi -governmental agencies having jurisdiction thereover. SEA DOCS:978419.1 Page 4 of 1'J Documentation of the relocated easement area shall be at COFW's expense a.nd:shall-6e accomplished as soon as possible. The owners of Lot 2 or Lot 4 shall have a right to regwre ah .as -built survey of such relocated utility be delivered to it at COFW's expense. 'z Nothing in this 'Declaration shall confer upon Lot 4 an easement to maintain those portions of LQt� 4'sT-shaped and L-shaped planters/parking markers (collectively, "Planters") encroaching upon -;the east line of Lot' 3` gOFW reserves the right at COFW's expense and with a minimum of twet ty (20) days prior notice to thi owner of Lot 4, to reposition the Planters in an easterly direction,-bbt only solar to eliminate ariy.encroachrnent upon Lot 3. 2. Grant of Easement for Vehicular and Pedestrian Access. HPA, COFW, and PDC hereby grant and. convey to IjPA, COFW, arid PDC, end their succes5.ors and or assigns for the benefit of the Lots, non-exclusive: perpetual easements in, tg;.,over, under, along, and across those portions of the Lots necessary for:the maintenance;'operation, use, repaix and replacement of the as built two-lane,east.-west roadway connecting 20 Avenue St to 23 --Avenue S. and running along the Fsoutherly portion of Lot 2 and the northerly portions of Lot Tanc Lot 4 (the "Roadway") as well as the passage 4.. vehicles and pedestrians over and across the Roadway:'' In the event the City of Federal Way requires dedication of the Roadway to the -City o£ FederzJ Way for p4blic,street purposes.;'the parties. agree to consent to the dedication.aaid will convey'the-Roadway, without cost. 3, Casts of Construction and Maintenance. Each party shall hear a(i responsibIIjty for the work acid promptly pay all costs and expenses for the maintenance, repair, replace -merit, and other expenses assoeeated with the'party's utilities; provided, however, the casts acid expenses for work performed on.ittilities.w"it LL9t 3 shall be shared equally by the owners ofthe Dots so benefitted by the utility s[i being rx aintained, repaired, or replaced. By way of example, the costs And expenses for repairing a broken=storrri'drgnage line on -Lot 3 would by shared equally by the owners of Lot 3 and Lot 2 where•both.lots;tied into the same storm drainage line. Notwithstanding the..foregoing or --anything in this Declaration to the contrary, the parties agree to maintain„repair, and resurface the Roadway to keep the same in a smooth and evenly covered condition and to periodically, sweep, clean, recoat-,.and restripe the same as well as remove snow therefrom. Such activities shall, to,the�extent possible, be -scheduled to occur prior to or after normal business hours so as to, minimize the: interference --with the retail businesses and other permitted uses of the Lots. Except for datnage.to the Roadway -caused by a party, whereupon the party causing the damage shall punctuallyrepair or restore the:&mage at'its sole cost and expense with all due diligence, the costs, expenses,-and-proce.dur ' for maintaining, repairing, and replacing the Roadway shall be shared by the Lots propo4ibnaiely; by applying .a factor for, each Lot the numerator of which is the Lot's street frontage along the Roadway with the del p6minator.being the total street frontage of all Lots along the Roadway. Each party agrees to give the other parties notice of reasonable maintenance that needs to be performed as the result of nod-nAl wear Arid tear gn the Roadway and in the event the other parties do not agree to pay for such ffi intenance..withih thirty (30) days from the date of said notice, the party giving notice shall be entitled, -to peff9rM such SEA DOCs:978419.1 Pagc 5 of 13 maintenance and the other parties shall be liable to punctually pay for the costs of such maintenance In the event a party fails to comply with any provision of this Declaration, the other ,patties Aiay, upon forty-five (45) days' prior written notice to the non -performing party, proceed to cure the default:(and th9l.have a license to do so) by the payment of money or performance of some other action for the account of the iron -performing party. The foregoing right to cure shall not be exercised if:within sh6 :forty-fiv'& (45), day notice period (1) the non -performing parry cures the defaults or Ji):=if the default ismburable, but cafih t reasonably be cured within that time period, the non-perfamrin g party begins to cure s►kK&fault within such tune period and diligently pursues such action to completion Thp�forty-five-(*5) day 6tice period shall not be required if, using reasonable judgment, aparty reasonably deems that an emergency exists which requires immediate attention. In the event of such aii emergency; the pLty,prt ceed iig henceforth shall give whatever notice to the non -performing party as.-s reasonable uoder.the circumstances. Within ten (10) days of written demand (including providing copies of invoices 'selecting costs) each non -performing party shall j reimburse the other parties for any sum reasonably expended on the non -performing parry's behalf to cure the default, together with interest theieon.$t �ze ra'te of -three percent (3%) per annum in excess of the prime rate from time to time publkly announced by Bahk.-of Amer cab.pr its successor. t 4. W rk Standards. All work to be performed rivithin tare easerrrent areas or the Roadway i shall be iri'a careful and workmanlike manner, free of claiins,4nd_liens: Fur- hermore, the minimum standards for Work and maintenance within the easement areas and Roa4way,shall ,tie comparable to the prevailing standards for work and maintenance followed in other private ,com'mercial retail developments of comparable size and class in Ding County, Washirt�ton, and in..coopliance with all I applicable laws rules, regulations, development standards, orders, ordihb i.iies; and the provisions of this Declaration. All repairs`and replacements shall be performed with materials at least equal to the quality ofifie materials bgigg repaired or -replaced so as to maintain the architeotpral and aesthetic i harmony and integrity pf time Lots as a whole. Upon completion of any maintenance work on the utilities performed by ;the Qwners of Lo# 2; Lot 3, or Lot 4, as the case may be, said owners or their agents, shall remove (orpiuse f o.be removed) all debris and restore the surface of the affected area as I nearly as possible to the condition ch 4 was at the commencement of such work. 5. Duration. Each and -all ofthe co"Versants, conditions, limitations, easements, right, and restrictions contained herein shall be construed totoucli and coilwem the land and will run with and bind each Lot, shall be for the Benefit„of ea6 of the. -Lots, shall bo binding upon each owner of the Lots and the respective successors, assigns; heirs, aril persodal representatives of such Lot (but only during the time period said persons or entities hold fee title to su'cli garcelg);'and all benefits deriving i therefrom shall inure to the benefit of and be enfgi'ceahle by the owners, o_f the Lots benefitted hereby and the respective successors, assigns, heirs, and personal represerrtatiyes of such owners. Each such covenant, condition, restriction, and easement imposed upon the Lots, or any p,ottion thereof, shall constitute an equitable servitude in favor of the other Lots benefitted thereby: 6. Compliance with Law. Each owner of a Lot shall at all times exercise its,rightshereiri in accordance with all applicable statutes, orders, rules and regulations of anypublicAWhorit + having, 5EA ❑oC5:978419.1 Pege'� aF [3 I-) jurisdiction or claiming jurisdiction over the subject easement. TRelease and Indemnity. Each party does hereby release, indemnify, and promise to Aqfend-'and sav6 harmless the other parties from and against any and all liability, loss, damage, expense, actions, andi-an claim, including costs d reasonable attorneys' fees, incurred by any one of -fhern in defenk, thereof, a§serted tsr ari g directly or indirectly on account of or out of acts or PrOisslo-Ps of the i.n&rnnifying- party, a� the case may be, in the exercise of the rights or the p '�rfbrrhariees. of the duties`th6reof contained kaerein, including, but not limited to those resulting from any personal injury, property damage, out of or in connection with exercise of the easement rights"granted hereunder. 8. Effect of Breach. Nd breach, -whether or not material, of the provisions of this Declaration shall entitle tiny 9ne of. -the other -partii6s toxancel, rescind; :or otherwise terminate this Declaration, and such limitations shall trot affectiIA.My mariner, any Qtheirights or remedies which a party may have hereunder, at law or in equity hy reason of any bT6aph of the provisions hereof, including, without limitation, the �right tp'col 1.ecvdarn4es:vr to cqiiiPel specific performance. The remedies provided for in this Declaration :shall, W the rn rnum. extent.,permitted by law, be cumulative and in addition to -any rights or rbrneaieioffb 6 sat amounts q. parti - law,-br inequity, Any owed by a6_ party,. pursuant to this Declaration, Apgether with all• accrte#-interest thereon,:: shall constitute a lien upbn saidparty's Lot to secure reOymbtatsuch arnnnts,.-EaCbp:arty shall have the right, but'rpt th5 obligation, to record its lien and the party in default shAlLeixecirte such instrwnentsAs any one of the other parties may reasonably request fo pe _'Mit;the r6coidatibn of such lien. -:The parties shall have the right to foreclose any such lien in i4e manner proyided- by law. a. AhyproAsions of this Declaration which shall prove to be invalid, void, or illegal %'shall- in no way a$ct,:-'inip gir", dr. invalidate any other provisions hereof and such other provisions shall riemain..kn full.11orce and effect. b. --._Ti;nt isof tb'e essence. C. This D60ara;fiorr-shalr'be 6onsdVed,in accordance with and governed by the laws of the State of Washingto"a- d. This Declaration shay be executed.:,.in AnYi�umb6rbf counterparts, each of which shall be deemed an original, but all such counterparts tokethOr shall constitute one agreement. C. In the event any action is insti6ted:Mlh respect t6the . subject matter of this Declaration, the party prevailing in such action, whether bknaljudimeni or.ou . t-of-purt settlement, shall be entitled to recover from the other party thereto actual attorneys' fees �-and costs .- of si ich .. suit. f. Failure by any party to enforce any covenant conditiorr,...e nt,...,.o aseme r . .. ....... SEA DOCS:978419.1 Paga'7 of 13 restriction contained herein or in any certain instance or on any particular occasion shall not be deemed tq be, a waiver of such right on any such future breach of the same or any other covenant, condition; easement, or restriction. provisions of this Declaration shall be Iiberally construed to affect its -purpose; 0 section headings have been inserted for convenience only and shall not be considered or referred to in:'rssolviq queiions:oof interpretation or construction. No Dedication: The provisions ofthisDeclaration shall not be deemed to constitute a dedication for-publit'use-.nor ereate,,my rights in favor'of the general public. 11. Ameiidm=6. This Declaration M*Y not be modified in any respect whatsoever, or terminated, in whole or id part; except by written instrument executed by the parties. IN WITNESS WHEREOF, the undersigned have caused this'Declaratf on to be duty signed and effective as of the day and year first aboveW'ntter . HPA: HILLSBA PLAZA -ASSOCIATES LLC CITY OF FED-E 'Y a Washington firnited.liability company a municipal or nation I restriction contained herein or in any certain instance or on any particular occasion shall not be deemed io be a waiver of such right on any such future breach of the same or any other covenant, condition, eascment, or restriction. g. The provisions of this Declaration shall be liberally construed to affect its 'purpose; the:section.b6iffings have been inserted for convenience only and shall not be considered or referred to: -in resolving questions of`inier-�retation or construction. It, No Dedication..- The prgvisighs ofthis Declaration shall not be deemed to constitute a dedication.:for public use nor create an> rights, in, Tailor. of the general public. 11. Arisendtxents.. This Dec€aratiuti.rrlay not be modified in any respect whatsoever, or terminated, in whole or in.part,;excegf by writtin instrument executed by the parties. IN WITNESS WI-IFREOF,'the ghdersid'have caused thi6 Declaration to be duly signed and effective as of the day and year first above written:. HPA: COFW: HILLSIDE.PLAZA ASSOCIATES LLC CITY OF F DP �V►AY a Washington limited li tty company a municipal axganization By: St ey Rosen _ By: Skip Pr yst Its:: ana" Its: Mayor Y PDC: Jaa PAL -DO COMPANY; NO.' a Washington corporation By: Byun Chan Park Its: President `y - a [NOTARY 13LOCKS ON FOLLOWING PAGE] H SEA_DOCS:978419.1 Page 8,df 13•" STATE OF WASH NGTD; } }55. COLN'TY 4F KING ) I certify thatI know or (lays satisfactory evidence that. STANLEY ROSEN is the person who appeared before me, and that said person acknowledged. -signing this instrument as the Manager of Hillside Plaza Associates %LC and.t�cknowledged. that }ie signed the same as his free and voluntary act and on oath stating that his powers authorizing the eyecutibn.offhis instrument have not been revoked. DATEI]2010 E N L. LATTA(printed name): NOTARY PUBLIC in and forth State NOTARY PUBLIC , of Washirigtoit; residing at ELlP P. STATE 4F Wh EXPI T 9 M" Commission expires: ��— commiSSION EXPIRES � JANIIAR'( 23, 2012 STATE OF WASRMOTQN ) )S5. - COUNTY O MG ) I certify th4.i I know or _Have satisfactory evidence that SKIP P �thciuicrsoo who appeared before me, and that said person acknowledged signing this instrument as Mayor for the C.ity.9f Federal Way, and acknowl0ged that he signed the -same as his :fte;eand v ntary act and on oa#thistating that his powers authorizing the execution of -this instrument han revoked. DATED: {printed name): NDTARY,OUBLIC in and for the State of Washirigton; residing at My Cominission 16xp'ires! STATE'OF WASHINGTON ) )ss. :COUNTY OF KING ) I pertify that I knowor have satisfactoryevidence that STANLEY ROSEN 15 he person who appeared before rhe,, and lmt at'said person..acknowledged signing this instrument as the Hager of Hillside Plaza Associates LUC anal acknowledged that 'hp signed.the, same as his free and vo tary act and on oath stating that his Rowers' authorizing the execution of this instrument have not be revoked. DATED:: ,.:2010 (printed name): NOTARY PUBLIC in and for the State of Washirlgtan, residing at. My Cori m i ss i on. ex pi res STATE OF WASHINOTON ) 1' )ss COUNTY OF 1 n t}r ) I certify that kkno►v or hive satisfactoryevidence that SKIP PRIEST is the;peGSan wiio appeared before me, and that saiA person agk_noWledged signing this instrument as the Mayor for the City of Federal Way, and acknowledged that he: signed the, same as his free and voluntary act and on oath stating ut that his powers aprizing fheexecution o.f,this instrument have not been revoked. DATED: `? , 201 a ' ttrNNBF'— (printed name): '4`t1 .......... ;y �fy`� NOTARY..=f't1BLIC in and4fohe State o :� 5 RVp 1 k- of Washitigtari, residing atL D8 tjoT�i'y' ,xG My Conimissiori expiies: —I�—I Cr: .�, ail r �''�u���IN►► SEA1 DDC5:9784 }9.l Page 9 i0f 13 :' STATE OF WASHINGTQN ) )ss. COUNTY OF DING ) I certify that..l kno,* or have satisfactory evidence that BYUNG CHAN PARK is the person who appeared berQre me, aid that said -person acknowledged signing this instrument as the President of PAGDO CQMPANY, INC., acid ackn6wledgedthat.hr signed the same as his free and voluntary act and on oath stating that his powers authorizing the,execution ofOis instrument have not been revoked. DATED:: . e - ►�~t;�lay;�,iip;1{I��++4 (-Printed n M U NOTARY PURL C in and for the State of Washirlg"'T' residing at �Eder�PLiJ My;Cotiimission.expires d + FO11w11A►W�+ SEA DOCS:978419.1 Page 10413.:' h=]T "C (Legal Description for Lot 4) LOT .4 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER WORD N0-N` J ER 8-61212�,O19, IN KING COUNTY, WAS HINGTON. (EI+I(J 6F EXHIBIT TO) t I I CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 Order No.: 001316532 PROPERTY ADDRESS: 31510 20TH AVENUE SOUTH Your No.: 31510 20TH AVE S ESCROW# 4360255 FEDERAL WAY, WASHINGTON CITY OF FEDERAL WAY P. O. BOX 9718 FEDERAL WAY, WASHINGTON 98063 Attn: SKIP PRIEST, MAYOR Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> G TITLE UNIT 6 TELEPHONE: (206) 628-5610 FAX: (206) 628-9717 TOLL FREE: (800) 627-0530 DARYL SAVIDIS SENIOR TITLE OFFICER AND UNIT MANAGER (E-MAIL: DARYL.SAVIDIS@CTT_COM) DAVID P. CAMPBELL SENIORTITLE OFFICER (E-MAIL: DAVID.CAMPBELL@CTT.COM) KEITH EISENBREY TITLE OFFICER (E-MAIL: KEITH.EISENBREY@CIT_COM) MIKE HARRIS TITLE OFFICER (E-MAIL: MICHAEL.HARRIS@CTT.COM) <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> title[/rda/012004 Wo Chicago Tiue Insurance Company OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE 'EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation (the "Com- pany") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; G (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by art -accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. FORM 72-031-06 (6/08) ALTA Owner's Policy (6-17-06) 6. An enforcement action based oit u.e exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice_ 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Chicago Title Insurance Company By: J 1 �F President [� -0 ATTEST: Secretary c Countersigned: Z", - Authorized Signature FORM 72-031-06 (6/08) ALTA Owner's Policy (6-17-06) 4. ARBITRATION Either the Company or the Insured may demand tha die claim or ctrntroversy hall be submitted to arbi"don pursuant to the Title Insurance Arbitration Rules of the lmerican Land Title Association ("Rules"). Except as provided in the Rules, there hall be no joinder or consolidation with claims or controversies of other persons. arbitrable matters may include, but are not limited to, any controversy or claim Between he Company and the Insured arising out of or relating to this policy, any service in :onnection with its issuance or the breach of a policy provision, Or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable natters when dia Amount of Insurance is $2,000,000 or less shall be arhitrated at the ?ption of either the Company or the insured. Ali arbitrable matters when the Amount )f insurance is in excess of $2.000,000 shall be arbitrated only when agreed to by both ;he Company and the Insured. Arbitration pursuant to this policy and under the Rules ;hall he binding upon the parties. Judgment upon the award rendered by theArbitratar(s) may be enured in any court of competent jurisdiction. 15. LIABILITY LIMIITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy. this policy shall be construed as a whole. (b) Any claim of loss or damage that arises oul of the status of the Title or by any action asserting such claim skull be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, 00) extend the Date of Policy, or (iv) increase the Amount of Insurance_ y16. SEVERABRJTY In the event any pm ,n of this policy, in whole or in part. is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and deterridned the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall she court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any outer notice or statement in writing required to be given to the Company under this policy must be given to the Company at Chicago Title Insurance Company National Claims Administration P.O. Box 45023 Jacksonville, Florida 32232-5023 CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 PHONE: (206)628-5610 FAX: (206)628-9717 Extended Owner's Policy of Title Insurance SCHEDULE A Policy No: 1316532 Your Ref: 31510 20TH AVE S ESCROW# 4360255 Address Reference: * * * SEE ATTACHED Amount of Insurance: $ 5, 3 7 5, 0 0 0. 0 0 Premium: $ 7, 8 3 6. 00 Date of Policy: DECEMBER 22, 2010 at: 12 : 3 2 PM 1. Name of Insured: CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION C. 2. The estate or interest in the Land that is insured by this policy is: Y FEE SIMPLE 3. Title is vested in: _CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION 4. The Land referred to in this policy is described as follows: LOT 3 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER RECORDING NUMBER 8612129019, IN KING COUNTY, WASHINGTON. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 060P1SA 11/14/07 bk CHICAGO TITLE INSURANCE COMPANY ( Address Reference of Schedule A Exhibit) Policy No: 1316532 31510 20TH AVENUE SOUTH, FEDERAL WAY, WASHINGTON TAX NO- 092104-9166 060PSAPC 11/14/07 bk CHICAGO TITLE INSURANCE COMPANY Extended Owner's Policy of Title Insurance SCHEDULE B Policy No:001316532 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses that .arise by reason of. GENERAL EXCEPTIONS: Au A. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS- B.. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL- C. UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO; RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. D. WATER RIGHTS, CLAIMS, OR TITLE TO WATER. 060PESBG 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY Extended Owner's Policy of Title Insurance SCHEDULE B Policy No: 131.6532 SPECIAL EXCEPTIONS: D 1. TERMS AND CONDITIONS OF STORM DRAIN EASEMENT, ESTABLISHED OVER ADJOINING LANDS FOR THE BENEFIT OF SAID PREMISES AND OTHER PROPERTY 5 TRUMEN'i' RECORDED: RECORDING NUMBER: JULY 15, 1987- 8707150886 a 2. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM TOGETHER WITH ALL NECESSARY OR CONVENIENT s APPURTENANCES AREA AFFECTED: A STRIP OF LAND 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE WEST 65 FEET AND WITHIN THE SOUTH 55 FEET OF THE EAST 55 FEET OF THE WEST 120 FEET OF SAID PREMISES RECORDED: SEPTEMBER 14, 1987 RECORDING NUMBER: 8709140815 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. F 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: 060PESBS 10/31/07 bk FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION WATER FACILITIES AND ALL APPURTENANCES PORTIONS OF SAID PREMISES MARCH 28, 1988 8803280350 CHICAGO TITLE INSURANCE COMPANY SPECIAL EXCEPTIONS CONTINUED: G a i WIN SCHEDULE B ( CONTINUED ) Policy No: 001316532 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION SEWER FACILITIES AND ALL APPURTENANCES PORTION OF SAID PREMISES LYING WITHIN A STRIP OF LAND 10 FEET IN WIDTH MARCH 13, 1989 8903130453 5. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: L G BETWEEN: TRU PROPERTIES, INC., SUCCESSOR -IN -INTEREST TO TOYS "R" US, INC., A DELAWARE CORPORATION AND: WAL-MART STORES, INC., A DELAWARE CORPORATION RECORDED: DECEMBER 24, 1998 RECORDING NUMBER: 9812240445 REGARDING: ESTABLISHMENT OF EASEMENT FOR INSTALLATION, MAINTENANCE AND REPAIR OF A TRAFFIC SIGNAL ON A NORTHWESTERLY PORTION OF SAID PREMISES- . COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: FEBRUARY 18, 1957 4772705 7. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SURVEY RECORDED UNDER RECORDING NUMBER 8612129019. 8. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL 060PEBSC 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY SPECIAL EXCEPTIONS CONTINUED: FA N rmi Ao SCHEDULE B ( CONTINUED ) policy No: 001316532 STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LA114: RECORDED: OCTOBER 24, 2006 RECORDING NUMBER: 20061024000518 9. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: SEPTEMBER 27, 2007 20070927002037 10. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 8106010916. 11. MATTERS DISCLOSED BY A SURVEY OF SAID PREMISES BY BASELINE ENGINEERING, INC. , DATED DECEMBER 7, 2010 UNDER JOB NO. 10-099 AS FOLLOWS: A.) POSSIBLE ENCROACHMENT OF SIDEWALK ONTO A SOUTHERLY PORTION OF SAID PREMISES; 12. DECLARATION OF RECIPROCAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT, AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HILLSIDE PLAZA ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY AND: CITY OF FEDERAL WAY, A MUNICIPAL ORGANIZTION AND: PAL -DO COMPANY, INC., AWC RECORDED: DECEMBER 22, 2010 RECORDING NUMBER: 20101222000333 06OPEBSC 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY SPECIAL EXCEPTIONS CONTINUED: SCHEDULE B (CONTINUED) Policy No: 001316532 ** END OF SCHEDULE B ** ) -kf F- - U HORIZ SIGNATORY Loan Policy Endorsements: N/A Owner's Policy Endorsements: 9.2-06, 25-06, 17-06, AND 18-06 06OPEBSC 10/31/07 bk Your F r �; nce: 31510 2G M S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT - FORM 9.2-06 (Owner's Policy - Improved Land) The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions or restrictions, or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adj oining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. e. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings: a. That are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; b. Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 3. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping or driveways, excepted in Schedule B. 4. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraphs La. and 4 the words "covenants, conditions or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B. ENDORSE/RDA/0999 Your .once: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. ' uthorize Signatory Note: his endorsement shall not be v or binding until countersigned by an authorized signatory nwr--In-, I- Your nce: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and fornung a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA 25-06 (SURVEY) The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule -A to be the same as that identified on the survey made by BASELINE ENGINEERING, INC., dated - DECEMBER 10, 2007 and designated Job No.10-099. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or increase the face amount thereof. < F- E, � Authorized Signatory Note. This endorsement shall not be v yd or binding until countersigned by an authorized signatory Your . �nce: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT FORM 17--06 (Access and Entry) The company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and have both actual vehicular and pedestrian access to and from 20TH AVENUE SOUTH AND SOUTH 316TH STREET (the "Street"), (ii) the street is not physically open and publicly maintained, or (iii) the insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Authorized Signatory Rot This endorsement shall not be or binding until countersigned by an authorized signatory r�as�cr.� Your , nce: 31510 20TH AVE S ESCROW 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT FORM 18-06 (Single Tax Parcel) The Company insures against loss or damage sustained by the Insured by reason of the Land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate taxes. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Authorized ignatory Note: This endorsement shall not be valid r binding until countersigned by an authorized signatory FNnnRRFl /Rr)A /nqA ' EXCLUSIONS FROM COVERAGE r The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title_ 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS X. DEFINITION OF TERMS The following terms when used in this Policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be in- creased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity- (d) "Insured': The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, o personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured_ provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A. and affixed improvements that by law constitute real property. The term "Land" does not include any prop- erty beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads_ avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instru- ment. including one evidenced by electronic means authorized by law. (i) "Public Records-': Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records' shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "ritle": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees_ costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters 6. not insured against by this policy. (b) The Company shall have the right, in n to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Com- pany, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com- pany is prejudiced by the failure of the Insured to furnish the required coop- eration, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reason- able times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage_ All information designated as confidential by the Insured Claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis- sion to secure reasonably necessary information from third parties as re- quired in this subsection, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the In- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga- tions of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Com- pany up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were autho- rig the Company up to the time of payment and -that the Co pan, _)bligated to pay. Upon the exercise by the Company of either of the options provided for subsections (b)(i) or (ii), the Company's obligations to the Insured unt this policy for the claimed loss or damage, other than the payments requir to be made, shall terminate, including any liability or obligation to defer prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or dama sustained or incurred by the Insured Claimant who has suffered loss or damage reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this poli shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the vat of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or dams determined either as of the date the claim was made by the Insur Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will at pay those costs, attorneys' fees, and expenses incurred in accordance wi Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, encumbrance, or cures the lack of a right of access to or from the Land, cures the claim of Unmarketable Title, all as insured, in a reasonably dilige manner by any method, including litigation and the completion of ai appeals, it shall have fully performed its obligations with respect to th matter and shall not be liable for any loss or damage caused to the Insure (b) In the event of any litigation, including litigation by the Company or wi the Company's consent, the Company shaK have no liability for loss or dar age until there has been a final determination by a court of competent juri diction, and disposition of all appeals, adverse to the Title, as insured_ (c) The Company shall not be liable for loss or damage to the Insured for liabi ity voluntarily assumed by the Insured in settling any claim or suit witho the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF L ABILITY All payments under this policy, except payments made for costs, attorneys' fee and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pa} under any policy insuring a Mortgage to which exception is taken in Schedule B or I which the Insured has agreed, assumed, or taken subject, or which is executed by a Insured after Date of Policy and which is a charge or lien on the Title, and the amour so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed i accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this polic, it shall be subrogated and entitled to the rights of the Insured Claimant i the Title and all other rights and remedies in respect to the claim that th Insured Claimant has against any person or property, to the extent of th amount of any loss, costs, attorneys' fees, and expenses paid by the Compatr If requested by the Company, the Insured Claimant shall execute document to evidence the transfer to the Company of these rights and remedies. Th Insured Claimant shall permit the Company to sue, compromise, or settle i the name of the Insured Claimant and to use the name of the Insured Claimar in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of th Insured Claimant, the Company shall defer the exercise of its right to recove until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured o indemnities, guaranties, other policies of insurance, or bonds notwithstanding any terms or conditions contained in those instruments tha address subrogation rights. i CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 Order No.: 001316532 PROPERTY ADDRESS: 31510 20TH AVENUE SOUTH Your No.: 31510 20TH AVE S ESCROW# 4360255 FEDERAL WAY, WASHINGTON CITY OF FEDERAL WAY P. O. BOX 9718 FEDERAL WAY, WASHINGTON 98063 Attn: SKIP PRIEST, MAYOR Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. ««««««««««««««««««<»»»»»»»»»»»»»»»»»»» a TITLE UNIT 6 TELEPHONE: (206) 628-5610 FAX. (206) 628-9717 TOLL FREE: (800) 627-0530 DARYL SAVIDIS SENIORTITLE OFFICER AND UNIT MANAGER (E-MAIL: DARYL.SAVIDIS@CTT.COM) DAVID P. CAMPBELL SENIOR TITLE OFFICER (E-MAIL: DAVID.CAMPBELL@CTT.COM) KEITH EISENBREY TITLE OFFICER (E-MAIL: KEITH.EISENBREY@CTT.COM) MIKE HARRIS TITLE OFFICER (E-MAIL: MICHAEL.HARRIS@=.COM) <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> RECEIVED FEB 14 2014 CITY OF FEDERAL WAY CDS title[/rda/012004 w Chicago Titte Insurance Company OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation (the "Com- pany") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; 5 (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an -accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. FORM 72-031-06 (6/08) ALTA Owner's Policy (6-17-06) 6. An enforcement action based on uae exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Chicago Title Insurance Company By: "iv" '9Rt�F President ATTEST: x" v gg Y Secretary Countersigned: 4-4.4 Authorized Signature FORM 72-031-06 (6/08) ALTA Owner's Policy (6-17-06) 4. 'ARBITRATION Either the Company or the Insured may demand tha= the claim or controversy hall be stibmitted to arbilratioa pursuant to the Title Insurance Arbitration Rules of the lLmerican Land Title Association C'Rules"). Except as provided in the Rules. there stall be no joinder or consolidation with claims or controversies of other persons. Irbitrable matters may include, but are not limited to, any controversy or claim between he Company and the insured arising out of or rclating to this policy, any service in :onnection with its issuance or the breach of a policy provision, or to any other :ontroversy orclaiin arising out of the transaction giving rise to this policy. All arbitrable natters when the Amount of Insurance is $2 yr foss shall be arbitrated at the )ption of eitber the Company or the Insured. All arbitrable matters when the Amount >f insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both .he Company and the Insured. Arbitration pursuant to this policy and under the Rules hall be binding upon the parties. Judgment upon the award rendered by the Arbitrators) may be entered in any court of competent jurisdiction. IS. LIABitLITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. �16. SEVERABELITY In the event any pro'. Aof this policy, in whole Orin part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; ]FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by thispolicy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable 13w. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the Uni red Statcs of America or its territories having appropriate jurisdiction• 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy mu§l be given to the Company at Chicago Title Insurance Company National Claims Administration P.O. Box 45023 Jacksonville, Florida 32232-5023 • r I CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 PHONE: (206)628-5610 FAX: (206)628-9717 Extended Owner's Policy of Title Insurance SCHEDULE A . Policy No: 1316 5 3 2 Your Ref: 31510 20TH AVE S ESCROW# 4360255 Address Reference: * * * SEE ATTACHED Amount of Insurance: $ 5, 3 7 5, 0 0 0. 0 0 Premium: $ 7, 8 3 6. 0 0 Date of Policy: DECEMBER 22, 2010 at: 12 : 32 PM 1. Name of Insured: - CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION a 2. The estate or interest in the Land that is insured by this policy is: ' FEE SIMPLE 3. Title is vested in: -CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION 4. The Land referred to in this policy is described as follows: LOT 3 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER RECORDING NUMBER 8612129019, IN KING COUNTY, WASHINGTON. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 060P1SA 11/14/07 bk CHICAGO TITLE INSURANCE COMPANY ( Address Reference of Schedule A Exhibit) Policy No: 1316532 31510 20TH AVENUE SOUTH, FEDERAL WAY, WASHINGTON TAX NO. 092104-9166 06OPSAPC 11/14/07 bk CHICAGO TITLE INSURANCE COMPANY Extended Owner's Policy of Title Insurance SCHEDULE B policy No: 0 01316 53 2 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: GENERAL EXCEPTIONS: AD A. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. B. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL. C. UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO; RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. D_ WATER RIGHTS, CLAIMS, OR TITLE TO WATER, 060PESBG 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY Extended Owner's Policy of Title Insurance SCHEDULE B Policy No:1316532 SPECIAL EXCEPTIONS: v 1_ TERMS AND CONDITIONS OF STORM DRAIN EASEMENT, ESTABLISHED OVER ADJOINING LANDS FOR THE BENEFIT OF SAID PREMISES AND OTHER PROPERTY BY INSTRUMENT: RECORDED: RECORDING NUMBER: JULY 15, 1.987.4, 8707150886 s 2. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM TOGETHER WITH ALL NECESSARY OR CONVENIENT a APPURTENANCES AREA AFFECTED: A STRIP OF LAND 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE WEST 65 FEET AND WITHIN THE SOUTH 55 FEET OF THE EAST 55 FEET OF THE WEST 120 FEET OF SAID PREMISES RECORDED: SEPTEMBER 14, 1987 RECORDING NUMBER: 8709140815 W CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. a 3_ EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: 060PESBS 10/31/07 bk FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION WATER FACILITIES AND ALL APPURTENANCES PORTIONS OF SAID PREMISES MARCH 28, 1988 8803280350 CHICAGO TITLE INSURANCE COMPANY SPECIAL EXCEPTIONS CONTINUED: G s S J Fil SCHEDULE B ( CONTINUED ) policy No: 001316532 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE - PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: FEDERAL WAY WATER AND SEWER DISTRICT, A MUNICIPAL CORPORATION SEWER FACILITIES AND ALL APPURTENANCES PORTION OF SAID PREMISES LYING WITHIN A STRIP OF LAND 10 FEET IN WIDTH MARCH 13, 1989 8903130453 5. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: s BETWEEN: TRU PROPERTIES, INC., SUCCESSOR -IN -INTEREST TO TOYS "R" US, INC_, A DELAWARE CORPORATION AND: WAL-MART STORES, INC., A DELAWARE CORPORATION RECORDED: DECEMBER 24, 1998 RECORDING NUMBER: 9812240445 REGARDING: ESTABLISHMENT OF EASEMENT FOR INSTALLATION, MAINTENANCE AND REPAIR OF A TRAFFIC SIGNAL ON A NORTHWESTERLY PORTION OF SAID PREMISES_ 6. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: FEBRUARY 18, 1957 4772705 7. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SURVEY RECORDED UNDER RECORDING NUMBER 8612129019. 8. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL 06OPEBSC 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY SCHEDULE B ( CONTINUED ) policy No: 001316532 SPECIAL EXCEPTIONS CONTINUED: STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: OCTOBER 24, 2006 20061024000518 Y 9. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: m AD AO RECORDED: RECORDING NUMBER: SEPTEMBER 27, 2007 20070927002037 10. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 8106010916. 11. MATTERS DISCLOSED BY A SURVEY OF SAID PREMISES BY BASELINE ENGINEERING, INC. , DATED DECEMBER 7, 2010 UNDER JOB NO. 10-099 AS FOLLOWS: A.) POSSIBLE ENCROACHMENT OF SIDEWALK ONTO A SOUTHERLY PORTION OF SAID PREMISES; 12. DECLARATION OF RECIPROCAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT, AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HILLSIDE PLAZA ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY AND: CITY OF FEDERAL WAY, A MUNICIPAL ORGANIZTION AND: PAL -DO COMPANY, INC., AWC RECORDED: DECEMBER 22, 2010 RECORDING NUMBER 20101222000939 06OPEBSC 10/31/07 bk CHICAGO TITLE INSURANCE COMPANY SCHEDULE B ( CONTINUED ) Policy No: 001316532 SPECIAL EXCEPTIONS CONTINUED: ** END OF SCHEDULE B ** [OR22E SIGNATORY 7 H o Loan Policy Endorsements: N/A Owner's Policy Endorsements: 9.2-06, 25-06, 17-06, AND 18-06 060PEBSC 10/31/07 bk Your F ,—" nce: 3151020- .ES ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT - FORM 9.2-06 (Owner's Policy - Improved Land) The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions or restrictions, or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. e. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings: a. That are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; b. Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 3. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping or driveways, excepted in Schedule B. 4. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used is paragraphs La. and 4 the words "covenants, conditions or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B_ ENDORSE/RDA/0999 rm Your �.nce: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements:. -Authorized SignaVOX Note. Lis endorsement shall not be vbinding until countersigned by an authorized signatory --n-In- ~ry Your. 11—);nce: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA 25-06 (SURVEY) The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule -A to be the same as that identified on the survey made by BASELINE ENGINEERING, INC., dated DECEMBER 10, 2007 and designated Job No. 10-099. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or increase the face amount thereof. 7� Authorized Signatory Note This endorsement shall not be vwlTd or binding until countersigned by an authorized signatory }� Your. 1'�nce: 31510 20TH AVE S ESCROW 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT FORM 17-06 (Access and Entry) The company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and have both actual vehicular and pedestrian access to and from 20TH AVENUE SOUTH AND SOUTH 316TH STREET (the "Street"), (ii) the street is not physically open and publicly maintained, or (iii) the insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Aut prized Signatory Nat t This endorsement shall not be :-a d or binding until countersigned by an authorized signatory Your "—)nce: 31510 20TH AVE S ESCROW# 4360255 ENDORSEMENT Attached to and forming a part of Policy No. 1316532 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: ALTA ENDORSEMENT FORM 18-06 (Single Tax Parcel) The Company insures against loss or damage sustained by the Insured by reason of the Land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate taxes. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Authorized Signatory Not Thic endorsement shall not be valid s binding until countersigned by an authorized signatory FNnnRSRfYRIIA /M19 I EXCLUSIONS FROM COVERAGE ) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of. 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be in- creased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A_ (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any prop- erty beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instru- ment, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records- shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs_ or expenses incurred by the Insured in the defense of those causes of action that allege matters 6. not insured against by this policy. ' ) (b) The Company shall have the right, in )to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Com- pany, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com- pany is prejudiced by the failure of the Insured to furnish the required coop- eration, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reason- able times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis- sion to secure reasonably necessary information from third parties as re- quired in this subsection, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the In- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga- tions of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Com- pany up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were autho- ria ''1e Company up to the time of payment and that the Com- pany i iigated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend. prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent juris- diction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liabil- ity voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LI- ABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment- 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company - If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terns or conditions contained in those instruments that address subrogation rights.