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06-106382CITY OF MEMORANDUM FederalWayCommunity Development Services Department NOTICE OF DECISION ON FEDERAL WAY VILLAGE PRELIMINARY PLAT APPLICATION June 25, 2008 Pursuant to Federal Way City Code (FWCC) Section 20-128, this notice is to inform you that the Federal Way City Council, on June 17, 2008, approved by resolution the Federal Way Village preliminary plat application, file #06-106382-00-SU. An Environmental Mitigated Determination of Nonsignificance was issued for the above proposal on February 16, 2008. Pursuant to FWCC Section 20-128(c)(2) (enclosed), affected property owners may request a change in valuation for property tax purposes, notwithstanding any program of revaluation. The City Council's decision is the City's final decision on the preliminary plat application. Per FWCC Section 20-129, prior to construction of improvements pursuant to preliminary plat approval, engineering drawings for public improvements shall be submitted for review and approval to the Department of Public Works and the Lakehaven Utility District. The applicant may not engage in any activity based on the decision, including construction or site work, until final approval of all engineering and utility plans (including storm drainage), the payment of all pertinent fees, the submittal of performance and maintenance securities as may be required, and a pre -construction meeting has been held. Pursuant to FWCC Section 20-129(c), approval of the preliminary plat by the City Council constitutes acceptance of subdivision layout and design and includes all conditions, restrictions, and other requirements adopted by the Council as part of plat approval. City Council approval of a preliminary plat does not constitute approval for land clearing or grading, vegetation removal, or any other activities which otherwise require permits from the City. Pursuant to FWCC Section 20-130, the action of the City in granting or denying an application under this article may be reviewed pursuant to 36.70C in the King County Superior Court. The land use petition must be filed within 21 calendar days of issuance of the City's final decision on the preliminary plat application. Standing to bring the action is limited to the following parties: the applicant or owner of the property on which the subdivision is proposed; any property owner within 300 feet of the proposal; and any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision. Pursuant to FWCC Section 20-131, preliminary plat approval shall expire five years from the date of City Council approval unless substantial progress has been made toward completion of the entire plat, or the Federal Way Village Preliminary Plat File #06-106382-00-SU / Doc. I.D. 45995 Notice of Decision Page 1 initial phase of the plat, if the preliminary approval included phasing. The five-year preliminary plat approval period started on June 17, 2008. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request an extension from the Hearing Examiner. The request for extension must be submitted to the Department of Community Development Services at least 30 days prior to the expiration date of the preliminary plat. In considering whether to grant the extension, the Hearing Examiner shall consider whether conditions in the vicinity of the subdivision have changed to a sufficient degree since initial approval to warrant reconsideration of the preliminary plat. If the Hearing Examiner deems such reconsideration is warranted, a public hearing shall be scheduled and advertised in accordance with FWCC Section 20-119. If you have any questions regarding this notice of final decision, please contact Senior Planner Janet Shull, City of Federal Way's Department of Community Development Services, at 253-835-2644, or janet.shull@cityoffederalway.com. c: Applicant: Federal Way Village LLC Dan Biles PO Box 73790 Puyallup, WA 98373 Comments to Hearing Examiner: ESM Consulting Engineers Eric La Brie 33915 1' Way South, Suite 200 Federal Way, WA 98003 Federal Way Village Preliminary Plat File #06-106382-00-SU / Doc. I.D. 45995 Notice of Decision Page 2 CITY of MEMORANDUM r Federal 1 a y Community Development Services Department NOTICE OF DECISION ON FEDERAL WAY VILLAGE PRELIMINARY PLAT APPLICATION June 25, 2008 Pursuant to Federal Way City Code (FWCC) Section 20-128, this notice is to inform you that the Federal Way City Council, on June 17, 2008, approved by resolution the Federal Way Village preliminary plat application, File No. 06-106382-00-SU. An Environmental Mitigated Determination of Nonsignificance was issued for the above proposal on February 16, 2008. Pursuant to FWCC Section 20-128(c)(2) (enclosed), affected property owners may request a change in valuation for property tax purposes, notwithstanding any program of revaluation. The City Council's decision is the City's final decision on the preliminary plat application. Per FWCC Section 20-129, prior to construction of improvements pursuant to preliminary plat approval, engineering drawings for public improvements shall be submitted for review and approval to the Department of Public Works and the Lakehaven Utility District. The applicant may not engage in any activity based on the decision, including construction or site work. until final gnnrnval of all engineering and utility plans (including st( :he submittal of performance and maintenance tion meeting has been held. Pursuant to F acceptance of requirements does not cons which otherw Pursuant to F article may be must be filed application. S property on w any property c impacts from L) nary plat by the City Council constitutes ;onditions, restrictions, and other City Council approval of a preliminary plat tation removal, or any other activities -anting or denying an application under this y Superior Court. The land use petition final decision on the preliminary plat ving parties: the applicant or owner of the wner within 300 feet of the proposal; and who will suffer direct and substantial Pursuant to FWCC Section 20-131, preliminary plat approval shall expire five years from the date of City Council approval unless substantial progress has been made toward completion of the entire plat, or the initial phase of the plat, if the preliminary approval included phasing. The five-year preliminary plat Doc. I.D. approval period started on June 17, 2008. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request an extension from the Hearing Examiner. The request for extension must be submitted to the Department of Community Development Services at least 30 days prior to the expiration date of the preliminary plat. In considering whether to grant the extension, the Hearing Examiner shall consider whether conditions in the vicinity of the subdivision have changed to a sufficient degree since initial approval to warrant reconsideration of the preliminary plat. If the Hearing Examiner deems such reconsideration is warranted, a public hearing shall be scheduled and advertised in accordance with FWCC Section 20-119. If you have any questions regarding this notice of final decision, please contact Senior Planner Janet Shull, City of Federal Way's Department of Community Development Services, at 253-835-2644, or at janet.shull@cityoffederalway.com c: Applicant: Federal Way Village LLC Dan Biles PO Box 73790 Puyallup, WA 98373 Comments to Hearing Examiner: ESM Consulting Engineers Eric La Brie 33915 1' Way South, Suite 200 Federal Way, WA 98003 Doc. I.D. Ak CITY q0'::tS:P OF Federal Way DATE: May 2, 2008 TO: Tina Piety FROM: Janet Shull MEMORANDUM Community Development Services Department SUBJECT: Routing Hearing Examiner Decision: FEDERAL WAY VILLAGE - (07-102851-00-UP and 06- 106382-00-SU); 33701 PACIFIC HWY S Tina, Below are the parties who should receive a copy of the H.E. Decisions for the above. Dan Biles, Federal Way Village LLC — address on file Eric La Brie, ESM — address on file Lizzie Zemke, ESA Adolfson, 5309 Shilshole Ave. NW, Suite 200; Seattle, WA 98107 Ann Dower Janet — return original copy to me. 9AUL DEN IRPHY LACE P-L-L.C. ATTORNEYS AT LAW April 30, 2008 APR 3 0 2 'i" Clerks Office City of Federal Way N. Kay Richards Legal Assistant 206.447.2231 krichards @ oznwlaw. conz WO-4- 4a-"� *14S Laura K. Hathaway City Clerk City of Federal Way r P. O. Box 9718 Federal Way WA 98063-9718 Re: Federal Way Village Decisions - 06-106382-00-SU and 07-102851-00-LP IP/ 6 Dear Laura: At the request of Phil Olbrechts, enclosed are copies of the executed originals of the above - referenced decisions. Very truly yours, OGDEN MURPHY WALLACE, P.L.L.C. d N. Kay Richards, Legal Assistant to Phil Olbrechts /nkr Enclosures Established 1902 A Member of the International Lawyers Network with independent member low firms worldwide 1601 Fifth Avenue, Suite 2100 • SeoHle, WA 98101-1686 • 206.4477000 • Fox: 206.4470215 • Web: www.omwlaw.com I PA0694675.DOC;1 / 13041.900000/ f BEFORE THE HEARING EXAMINER FOR THE CITY OF Phil Olbrechts, Hearing Examiner I APR 3 0 ! ; ,RA WAY City Clerks Office City. of Federal Way RE: Federal Way Village, LLC FINDINGS OF FACT, CONCLUSIONS OF File No. 06-106382-00-SU LAW AND RECOMMENDATION INTRODUCTION The applicant requests approval of a preliminary plat to subdivide 25.47 acres into 95 zero -lot line townhouse residential lots. The Examiner recommends approval subject to conditions recommended by staff. ORAL TESTIMONY Staff summarized the staff report and staff and the applicant answered some questions from the Examiner. There was no testimony in opposition and the staff report and exhibits contained all information necessary to evaluate the proposal. EXHIBITS See list of exhibits at pp. 21 and 22 of the April 4, 2008, staff report prepared by Senior Planner Janet Schull. FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Federal Way Village, LLC. 2. Hearin . The Hearing Examiner conducted a hearing on the application at 10:00 a.m. at Federal Way City Hall on April 16, 2008. Substantive: 3. Site/Proposal Description. The applicant proposes to subdivide an approximate 25.47 acre site into 95 zero -lot line townhouse residential lots. The proposed preliminary plat map (Exhibits Al-A3), along with conceptual grading and utility plan (Exhibits A6-A7), tree retention plan (Exhibit A8), and a preliminary landscape plan (Exhibits A9-All) have been submitted into the record. Two large wetlands with 100-foot buffers are located to the east and west of the proposed zero -lot line townhouse development. Subdivision development would occur in a portion of the site located between the wetland buffers. On the east side of Wetland 2 is the site of the proposed commercial mixed -use portion of the Federal Way Village Master Plan, which will include over 300,000 square feet of commercial, retail, office, and multifamily residential development. The site is located in the east -central portion of the City, southwest of 1 PA0694672.DOC; 1/ 13041.900000/ ) Preliminary Plat Recommendation P. 1 Findings, Conclusions and Recommendation the intersection of South 336'h Street and Pacific Highway South (Exhibit B). The site is accessed from South 336th Street via a proposed new Road A and from Pacific Highway South via a new Road C. The subject site has a land area of approximately 44 acres. As shown on the preliminary plat map, Sheets 3 and 4 of 14, by ESM Consulting Engineers (Exhibit A2-A3), all lots in the zero -lot line townhouse plat meet or exceed the underlying code -required minimum lot size of 1,500 square feet (RM 2400). These lots range in size from 1,560 to 3,343 square feet, with an average lot size of 1,976 square feet. The subject site contains two wetlands (Wetlands 1 and 2). They are both regulated as Category II wetlands, with 100-foot buffers. Two small Category III wetlands (Wetlands 3 and 4) are located on the adjacent BC -zoned, proposed mixed use portion of the overall Federal Way Village Master Plan site. Wetlands 3 and 4 are proposed to be eliminated with development of the adjacent commercial mixed use development. Mitigation for the filling of Wetlands 3 and 4 has already been implemented as part of the South 336th Regional Stormwater Detention Facility located just south of the subject site. In addition, the site is located within ten-year contour areas associated with Critical Aquifer Recharge and Wellhead Protection Areas. 4. Characteristics of the Area. The surrounding land uses are business and office parks and community business. There is also a regional storage facility to the south. The property is situated southeast of the central portion of the City in an area with a mixture of existing uses and vacant property. The area to the north of the property and across South 336th Street is largely developed with office uses. A senior housing development is located to the immediate west of the property. A mixture of light industrial, business park development is located to the southwest. Immediately south of the property is the South 336th Street Regional Storm water Detention Facility. Immediately to the east of the proposed zero lot line subdivision is vacant land zoned Community Business (BC). This BC -zoned area represents the balance of the proposed 44-acre Federal Way Village Master Plan development. 5. Adverse Impacts. The project has undergone a SEPA review and was issued a MDNS. The mitigation measures identified were a transportation improvement plan and various improvements to traffic signal. Approval of the preliminary plan will be subject to submittal and approval of a tree clearing plan. Mitigation measures for wetlands on site have been addressed separately. Protection of the Aquifer Recharge and Wellhead Protection Areas will be addressed during the design and construction phase. The existing 336th Regional Stormwater Detention Facility should be able to handle the additional stormwater runoff resulting from the project. 6. Adequacy of Infrastructure and Public Services. As mitigated by staff, adequate infrastructure will serve development as follows: • Transportation: As proposed and as required by the FWCC, all internal and external public rights -of -way must be dedicated by statutory warranty deed to the City of Federal Way and improved to all applicable FWCC street standards. Internal streets are designed in accordance with the City's local access street standard with certain modifications that were reviewed and approved by the Public Works Department (see modification letter, Exhibit N). • Open Space: To comply with the common open space requirements, the applicant has proposed 34,679 square feet of common open space located in two tracts (Tracts 1 PA0694672, DOC;1 / 13041.900000/ ) Preliminary Plat Recommendation p. 2 Findings, Conclusions and Recommendation G and N) located along the eastern edge of the development and western edge of the buffer area associated with Wetland 2. Within these open space tracts, there is a pedestrian trail system and three lots. The total proposed square footage devoted to lots is 2,428 square feet (minimum required is 10 percent of 19,000 square feet, or 1,900 square feet). The common space and pedestrian trail is proposed adjacent to the edge of the buffer area associated with Wetland 2. A text note addressing dedication and maintenance provisions shall be noted on the face of the final plat and pursuant to the subdivision code, homeowners association covenants are required to be submitted for City review prior to final plat approval. 9 Drainage: Development of the site will create additional run off from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The existing South 3361h Regional Stormwater Detention Facility provides mitigation for the runoff rate increases under improved conditions of the development. Per the settlement agreement (Exhibit J), a portion of the overall Federal Way Village Master Plan site will be permitted to discharge to the existing South 336th Regional Stormwater Detention Facility. For areas of the site not covered by the agreement, rights to detention will be purchased for a fee of $5,022.0 per gross acre. Stormwater water quality shall be mitigated using approved facilities in accordance with the 1998 KCSWDM and the City's amendments to the manual. Final review and approval of the storm drainage facilities as shown on the engineering plans will occur in conjunction with full drainage review. Stormwater design and plat drainage elements must conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division, as outlined in the adopted KCSWDM and City amendments, the Comprehensive SU/face Water Management Plan, and the Stormwater System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed per City code requirements, prior to final plat approval and recording of the subdivision. • Water: The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The August 30, 2006, Certificate of Water Availability (Exhibit R) indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DBA). • Sewage: The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. An August 30, 2006, Certificate of Sewer Availability (Exhibit Q) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. • Schools: As part of the City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for review. Panther Lake Elementary, Ilahee Middle School, and Todd Beamer High School will serve the proposed subdivision. All middle school and high school students from this development would receive bus transportation to and from school, as these schools are over one mile from the subject site. Students attending Panther Lake Elementary l PA0694672.DOC; 1/ 13041.900000/ ) Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation will walk to school via sidewalks proposed along Road A, connecting to existing sidewalks on South 336"' Street and 1st Way South. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $1,729.50 per zero -lot line townhouse unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. • Fire Protection: The Certificate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The exact number and location of fire hydrants will be reviewed and approved by South King Fire and Rescue. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: FWCC 20-110 (4) and (5) provide the Examiner with the authority to conduct a hearing and make a recommendation to the City Council on preliminary plat applications. Substantive: 2. Zoning Designation: Multifamily Residential - RM2400, 3. Review Criteria and Application. FWCC 20-126(c) governs the criteria for preliminary plat approval. Those criteria are quoted in italics below and applied to the application under corresponding Conclusions of Law. FWCC 20-126(c): Decisional Criteria. A Hearing Examiner shall use the following criteria in reviewing the preliminary plat and may recommend approval of the plat to the City Council if: (1) It is consistent with the comprehensive plan; 4. The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Multifamily. The proposed land use, Residential Multifamily 2400 (RM-2400), with 1,500 square foot minimum lot size, is consistent with density allowances and policies applicable to this land use as established in the FWCP. FWCC 20-126(c)(2): It is consistent with all applicable provisions of the Chapter, including those adopted by reference from the comprehensive plan: 5. The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. l PA0694672.DOC; 1/ 13041.900000/ } Preliminary Plat Recommendation p. 4 Findings, Conclusions and Recommendation FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare. 6. The proposed preliminary plat would permit development of the site consistent with the current Multifamily Residential land use classification of the FWCP and map. Proposed vehicular access and fire hydrant locations must meet all requirements of South King Fire and Rescue. Sidewalks are proposed to provide safe access to schools and school bus stops. Future development of the plat in accordance with applicable codes and regulations should ensure protection of the public health, safety, and welfare. FWCC 20-126(c)(4): It is consistent with the design criteria listed in FWCC 20-2: FWCC 20-2: This chapter is adopted in furtherance of the comprehensive plan of the City. It is hereby declared that the regulations contained in this chapter are necessary to: (1) Promote the health, safety and general welfare in accordance with the standards established by the state and the city; 7. As noted in the Washington State Growth Management Act, the Washington State Legislature has found it to be in the public interest to prevent urban sprawl and to promote the efficient use of infrastructure. The infill development proposed by the applicant at urban densities meets these objectives. Also, as previously discussed, the project, as mitigated, creates no material or significant adverse impacts and there is adequate infrastructure to meet the needs of the new development. For these reasons, the project promotes the health, safety, and general welfare in accordance with the standards established by the state and the city. FWCC 20-2(2): Promote effective use of land by preventing the overcrowding or scattered development which would injury health, safety or the general welfare due to lack of water supplies, sanitary sewer, drainage, transportation or other public services, or excessive expenditure of public funds for such services: 8. As previously noted, the project constitutes infill development in an area that is already characterized and developed by residential development. Also as previously discussed, the project is served (or as conditioned will be served) by adequate infrastructure. For these reasons, the above criterion is satisfied. FWCC 20-2(4): Provide for adequate light and air. 9. The density of the project meets the density requirements for the RM 2400 zoning district. The applicant will have to comply with the dimensional requirements of the zoning code for any structures it builds in order to get through building permit review. The dimensional standards of the City's Zoning Code set the standard for adequacy of light and air and for these reasons the above criterion is satisfied. FWCC 20-2(5): Provide for water, sewage, drainage, parks and recreational areas, sites for schools and school grounds and other public requirements: 10. As noted in the Findings of Fact, the project is served by adequate infrastructure. 1 PA0694672.DOC; 1/ 13041.900000/ j Preliminary Plat Recommendation p. 5 Findings, Conclusions and Recommendation FWCC 20-2(6): Provide for proper ingress and egress: 11. According to staff, as conditioned, access to all lots will comply with City design standards. FWCC 20-2(7): Provide for housing and commercial needs of the community: 12. The project provides for infill development and urban densities and therefore satisfies the above criteria. FWCC 20-2(8): Require uniform monumenting of land divisions and conveyance of accurate legal descriptions: 13. FWCC 20-111(b) requires that the survey of the proposed subdivision must be made by or under the supervision of a registered land surveyor who shall certify that it is a true and correct representation of the land surveyed. This and other requirements like it help ensure that the objective of uniform monumenting of land divisions and accurate legal descriptions are satisfied. FWCC 20-2(9): Protect environmentally sensitive areas: 14. As noted previously, the project has gone through a review under the State Environmental Policy Act, which ensures that all environmentally sensitive areas are protected and mitigated. As noted above, mitigation measures for the nearby wetlands have been completed or will be in conjunction with the approval on the fill and buffer averaging. FWCC 20-2(10): Provide for flexibility and site design to accommodate view enhancement, protection, protection of streams and wetlands, protection of steep slopes and other environmental significant or sensitive areas. 15. The project incorporates features designed to comply with the above criterion vis-a-vis the wetlands and their buffers. FWCC 20-125(c)(5): It is consistent with the development standards listed in FWCC 20-151 through 20-157, and 20-178 through 20-187. 16. Development of this site is required to comply with the provisions of FWCC Chapter 20, "Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. l PA0694672.DOC;1 / 13041.900000/ l Preliminary Plat Recommendation p. 6 Findings, Conclusions and Recommendation RECOMMENDATION The Examiner recommends that the City Council approve the preliminary plat as set forth in the staff report for 06-106382-00-SU by Senior Planner Janet Shull, subject to conditions 1 through 10 therein noted. h Dated this Py� day of April, 2008. Phil Olbrechts Hearing Examiner City of Federal Way 1 PA0694672.DOC;1/13041.900000/) Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation 22-447 Appeals. (a) Who may appeal. The decisions of the hearing examiner may be appealed by any person who is to receive a copy of that decision under FWCC 22-443. (b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after the issuance of the hearing examiner's decision. The letter of appeal must contain: (1) A statement identifying the decision being appealed, along with a copy of the decision; (2) A statement of the alleged errors in the hearing examiner's decision, including specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal; and (3) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by the city. (1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour. (2) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. (3) The appeal will not be accepted unless it is accompanied by the required fee and appropriate costs. (4) The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: a. City staff preparation. Hourly cost of preparation. b. Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city- (d) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. I PA0694672.DOC;1/13041.900000/ 1 Preliminary Plat Recommendation p. 8 Findings, Conclusions and Recommendation BEFORE THE HEARING EXAMINER JHR C RL WAY Phil Olbrechts, H t-ExW*er 20(3 RE: Federal Way Village, LLC AA � INDIN �e���>! CO USIONS OF File No. 07-102851-00-UP N INTRODUCTION The applicant seeks approval to fill two Category III wetlands and buffer averaging within the environmentally sensitive areas of two Category II wetlands. The Examiner approves the request with conditions. See tape / transcript of public hearing. TESTIMONY EXHIBITS See list of exhibits at page 11 of the staff report for 07-10285 1 -00-UP by Senior Planner Janet Shull. FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Federal Way Village, LLC. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at Federal Way City Hall on April 16, 2008. Substantive: 3. Site/Pro asal Description. The overall proposal includes construction of 326,450 square feet of mixed use commercial, office, and multifamily residential space, and a 95-unit zero -lot line townhouse subdivision on an approximated 44-acre site (Exhibit A). The site is located at the southwest corner of the intersection of South 336th Street and Pacific Highway South, in Federal Way (Exhibit B). There are four wetlands on the subject site. The applicant is requesting the filling of two Category III wetlands (Wetlands 3 and 4), which represent approximately 0.30 acres of wetland area. Approximately 0.90 acres of new wetland was established along the southern edge.of Wetland 2 as part of the construction of the South 336110 Street Regional Stormwater Detention Facility. The applicant is also requesting buffer averaging within an environmentally sensitive area (Category II wetland buffer area) associated with Wetlands 1 and 2, in order to facilitate development of zero -lot line townhouse buildings, construct a public right-of-way, and construct a pedestrian trail connecting a series of common 1 PA0694663.DOC;1/13041.900000/ ) Wetland Buffer Modification P. 1 Findings, Conclusions and Decision open space areas. Proposed buffer averaging results in a total additional buffer area for the two wetlands of 39 square feet of buffer area. 4. Characteristics of the Area. The surrounding land uses are business and office parks and community business. There is also a regional storage facility to the south. 5. Adverse Impacts. The loss of the wetlands 3 and 4 and buffer averaging for wetlands 1 and 2 may impact water quality, wildlife habitat, drainage, and erosion. The impacts of the proposed variance are moderate. As noted below, however, mitigation measures either have already been implemented or will be implemented to minimize the effects to acceptable levels as set forth in the city code. Mitigation measures proposed performed and proposed by the applicant have been reviewed by the City's consultant, who found them to be code compliant. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing _Examiner: FWCC 22-1358 provides that wetland modification must be approved through a Process IV Review. FWCC 22-1359 provides that buffer averaging must be approved through a Process III Review. FWCC 22-388 provides that if the component requiring a Process III Review is part of a project requiring a Process IV Review, then the entire project shall be subject to a Process IV review. FWCC 22-431 through 22-460 provides that the Examiner shall issue a final decision on a Process IV review, which is appealable to the City of Federal Way City Council. Substantive: 2. Zoning Designation: The project site presently has a zoning designation of Community Business (BC) and Multifamily Residential (RM 2400). The comprehensive plan designations are Community Business and Multifamily. The proposed uses are allowed in the BC and RM 2400 zoning districts. 3. Review Criteria and Application. FWCC 22-1358(d) addresses the impacts to regulated wetlands (wetlands 3 and 4) and FWCC 22-1359(b) addresses buffer averaging (wetlands 1 and 2). FWCC 22-445(c) contains additional decision criteria that apply to all projects reviewed by the Hearing Examiner during Project IV Review. The criteria are quoted in italics below and applied to the project under corresponding Conclusions of Law. Wetlands 3 and 4 - Fill. FWCC 22-1358(d)(1): It will not adversely affect water quality. 4. According to staff, mitigation measures dealing with water quality have already been implemented. The proposed elimination of Wetlands 3 and 4 will not adversely affect water quality because the wetland elimination was considered and has already been mitigated as part of overall plans for construction of the Kitts Corner/ South 336' Regional Stormwater Facility System. { PA0694663.DOC; 1/13041.900000/) Wetland Buffer Modification p. 2 Findings, Conclusions and Decision FWCC 22-1358(d)(2): It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. 5. The elimination of Wetlands 3 and 4 will result in a loss of wildlife habitat associated with these wetlands. However, the combined 0.30 acres of wetland that is to be eliminated has been mitigated through the creation of 0.90 acres of forested wetland as provided in FWCC 22- 1358(e). Mitigation of these two wetlands was accomplished as part of the South 336th detention facility construction on a 3:1 basis. Specifically, 0.90 acres (of a total 1.23 acres) of forested wetland was created south of the earthen dam at the south end of Wetland 2 to compensate for 0.30 acres of wetland impacts resulting from the filling of Wetlands 3 and 4. FWCC 22-1358(d)(3): It will not adversely affect drainage or stormwater retention capabilities. 6. As noted above, the proposed filling of Wetlands 3 and 4 was anticipated in the design of the regional stormwater detention facility system. This system has been in place and is designed to accommodate the drainage requirements for the proposed development of the subject site. FWCC 22-1358(d)(4): It will not lead to unstable earth conditions nor create erosion hazards. 7. The construction of the proposed project is subject to City review and approval, during which time the applicant will be expected to provide final stormwater drainage, grading, and erosion control plans. This process should ensure compliance with the above criterion. FWCC 22-1358(d)(5): It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. 8. The wetlands proposed to be eliminated are located entirely within the subject site. As noted above, they have been mitigated with replacement wetland area within the same wetland system contiguous to Wetland 2, located at the south end of the subject site. The above criterion is satisfied. FWCC 22-1358(d)(6): It will result in no net loss of wetland area, function or value. 9. As noted above, mitigation for the two wetlands to be eliminated was accomplished as part of the South 336th detention facility construction on a 3:1 basis. Specifically, 0.90 acres (of a total 1.23 acres) of forested wetland was created south of the earthen dam at the south end of Wetland 2 to compensate for 0.30 acres of wetland impacts resulting from the filling of Wetlands 3 and 4. As a result, there will be no net loss of wetland area, function or value. FWCC 22-1358(d)(7): The project is in the best interest of the public health, safety or welfare. 10. The project is in the best interest of the public health, safety, or welfare because the eliminated wetlands have been replaced with three times the amount of wetland area at the south end of Wetland 2. This replacement wetland area is part of a wetland system that is a higher classification and provides better retention, water quality, and habitat functions than the eliminated wetland areas. { PA0694663.DOC; 1/] 3041.900000/l Wetland Buffer Modification p. 3 Findings, Conclusions and Decision Id FWCC 22-1358(d)(8): The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. 11. The mitigation measures have already been completed. FWCC 22-1358(d)(9): The applicant is committed to monitoring the project and to making corrections if the project fails to meet projected goals. 12. As noted above, the mitigation measures have already been completed. The mitigation site has been established and according to staff, the City of Federal Way has been monitoring it as part of its ongoing maintenance of the regional stormwater facility. Wetlands l and 2 - Buffer Averaging. FWCC 22-1359(b)(1): Reduced buffers will not affect the water quality entering a wetland or stream. 13. According to applicant's environmental report, "Functional Assessment of the Federal Way Village Wetland Buffer Averaging Plan" (Exhibit F), the proposed wetland buffer reduction should not adversely affect water quality because the minimum proposed buffer width is 50 feet. The wetland buffers are densely vegetated with mature, native plant communities, which will remain. Thus, the proposed reduction still leaves enough buffer width to effectively filter sediment, and pollutants out of water before they reach the wetlands. FWCC 22-1359(b)(2): Reduced buffers will not adversely affect the existing quality of wildlife habitat within the wetland or the buffer. 14. According to staff, the proposed averaged buffers will not adversely affect the existing quality of wildlife habitat within the wetlands any more than the standard buffer width would. Mature forested areas will be minimally impacted. The mitigation plan proposes to offset the loss of wetland buffer area associated with Wetlands 1 and 2 through the addition of wetland buffer areas contiguous with a portion of the remaining 100-foot buffer areas. As a result, total buffer area will be increased by 39 square feet, which should provide additional wildlife habitat. FWCC 22-1359(b)(3): Reduced buffers will not result in unstable earth conditions nor create erosion hazards. 15. According to staff, the project should not lead to unstable earth conditions or create erosion hazards because the existing wetland buffers are densely vegetated, not steeply sloped, and not narrow enough to create erosion from surface flow into the wetland. The above criterion is satisfied. FWCC 22-1359(b)(4): Reduced buffers will not be detrimental to any other public or private properties, including the loss of open space. 16. The proposed buffer averaging will result in less lost open space than the standard 100- foot buffers, because as noted above, 39 square feet of area will be added to the total buffer area. l PA0694663.DOC;1/13041.9000001) Wetland Buffer Modification p. 4 Findings, Conclusions and Decision The buffer averaging should not be detrimental to other properties because the wetlands and buffers in question are contained on site. Miscellaneous Criteria for Process IV Review. FWCC 22-445(c)(1): It is consistent with the Comprehensive Plan. 17. As noted above, the mitigation measures for the requested fill and buffer averaging is consistent with the following Comprehensive Plan (FWCP), Chapter 9, "Natural Environment," Wetlands sections: "Protect and enhance the functions and values of the City's wetlands," (Goal NEG7). "The City will protect its wetlands with an objective of no overall net -loss of functions or values," (Policy NEP43). "Mitigation sites should replace or augment the wetland values to be lost as a result of a development proposal. Sites should be chosen that would contribute to an existing wetland system, or, if feasible, restore an area that was historically a wetland." (Policy NEP49). "The City will protect wetlands by maximizing infiltration opportunities and promoting the conservation of forest cover and native vegetation." (Policy NEP51). FWCC 22-445(c)(2): It is consistent with all applicable provisions of this chapter and all other applicable laws. 18. Staff has found no inconsistencies with any other provisions of the Federal Way City Code. FWCC 22-445(c)(3): It is consistent with the public health, safety, and welfare. 19. As noted above, the mitigation measures will increase both the net amount of wetlands and buffers, which should result in better habitat and benefits associated with wetlands such as conservation and scenic resources. FWCC 22-445(c)(4): The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. 20. The streets and utilities in the area have been evaluated in accordance with all applicable codes, policies, and regulations, and determined to be adequate to serve the anticipated demand from the proposal, provided all recommended conditions of preliminary plat and master plan approval are met. The utility extension is a component of the overall infrastructure as required for the plat and Federal Way Village Master Plan. FWCC 22-445(c)(5): Proposed access to the subject property is at the optimal location and configuration for access. I PA0694663.DOC;1 / 13041.900000/ I Wetland Buffer Modification p. 5 Findings, Conclusions and Decision 21. The access to the subject property is provided at optimal locations and configurations as determined through the City's SEPA, Process III Director's Design Review, and preliminary plat review of the proposed overall master plan and zero -lot line subdivision. The proposed pedestrian trail is at the optimal location, connecting both ends of the plat within a network of connected common space areas. DECISION The Examiner approves the applicant's request as set forth in the staff report for 07-10285 1 -00- UP by Senior Planner Janet Shull, subject to conditions 1 through 4 therein noted. Dated this bpi day of , 2008. Phil Olbrechts Hearing Examiner City of Federal Way 1PA0694663.DOC;1 /13041.900000/) Appeal of Notice of Violation p. 6 Findings, Conclusions and Decision 22-447 Appeals. (a) Who may appeal. The decisions of the hearing examiner may be appealed by any person who is to receive a copy of that decision under FWCC.22-443. (b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after the issuance of the hearing examiner's decision. The letter of appeal must contain: (1) A statement identifying the decision being appealed, along with a copy of the decision; (2) A statement of the alleged errors in the hearing examiner's decision, including specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal; and (3) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by the city. (1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour. (2) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. (3) The appeal will not be accepted unless it is accompanied by the required fee and appropriate costs. (4) The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: a. City staff preparation. Hourly cost of preparation. b. Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (d) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. 1 PA0694663. DOC;1 / 13041.900000/ ) Appeal of Notice of Violation p. 7 Findings, Conclusions and Decision CITY OF � Federal Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELEVIINARY PLAT OF FEDERAL WAY VILLAGE Federal Way File No. 06-106382-00-SU PUBLIC HEARING April 16, 2008 Federal Way City Hall City Council Chambers 33325 8th Avenue South Table of Contents I. Project Information............................................................................................................................1 II. Consulted Departments and Agencies............................................................................................... 3 III. State Environmental Policy Act (SEPA)................................................................................... 1-V. Natural Environment........................................................................................................................:.7 V. Neighborhood Characteristics..........................................................................................................10 VI. Preliminary Plat Design................................................................................................................... IC VJI. Transportation..................................................................................................................................13 VIII. Public Services.................................................................................................................................14 IX. Utilities.............................................................................................................................................14 X. Analysis of Preliminary Plat Decisional Criteria.............................................................................15 XI. Findings of Fact...........................................................................................................................16 XII. Recommendations............................................................................................................................19 XIII. List of Exhibits.................................................................................................................................21 Report Prepared by: Senior Planner Janet Shull, AICP April 4, 2008 I. PROJECT INFORMATION Name: Federal Way Village File No: 06-106382-00-SU Engineer: ESM Consulting Engineers Eric La Brie 33915 1" Way South, Suite 200 Federal Way, WA 98003 253-838-6113 Owner: Federal Way Village,LLC Dan Biles, PE PO Box 73790 Puyallup, WA 98373 253-848-0820 Action Requested: The applicant is seeking preliminary plat approval pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions" (FWCC Section 20-110, "Preliminary Plat"). Relevant Dates: Master Plan Application Filed December 19, 2006 Preliminary Plat Application Filed December 19, 2006 Process IV Environmental Determination Filed May 25, 2007 Application Determined Complete May 30, 2007 Notice of Application Published June 2, 2007 Mitigated Determination of Nonsignificance Issued September 12, 2007 Director's Design Decision Issued January 11, 2008 Mitigated Determination of Nonsignificance Re -Issued February 16, 2008 Staff Representative: Senior Planner Janet Shull, AICP, 253-835-2644 Staff Recommendation: Preliminary Plat Approval with Conditions A. Decision Requested Preliminary Plat Approval — The preliminary plat application is subject to a public hearing by the hearing examiner, recommendation to the City Council, and decision by the City Council. An analysis of the applicable preliminary plat decisional criteria, findings, and recommendations is provided under Sections X, XI, and XII of this report. Federal Way Village File #06-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page I B. Description of the Project, Property, and Vicinity Description of the Proposed Subdivision — The applicant proposes to subdivide an approximate 25.47 acre site' into 95 zero -lot line townhouse residential lots. The proposed preliminary plat map (Exhibits Al A3), along with conceptual grading and utility plan (Exhibits A&A7), tree retention plan (ExhibitA8), and a preliminary landscape plan (Exhibits A9 All) are enclosed. Two large wetlands with 100-foot buffers are located to the east and west of the proposed zero -lot line townhouse development. Subdivision development would occur in a portion of the site located between the wetland buffers. On the east side of Wetland 2 is the site of the proposed commercial mixed -use portion of the Federal Way Village Master Plan, which will include over 300,000 square feet of commercial, retail, office, and multifamily residential development. 2. Property Description — The site is located in the east -central portion of the City, southwest of the intersection of South 336`h Street and Pacific Highway South (Exhibit B). The site is accessed from South 336h Street via a proposed new Road A and from Pacific Highway South via a new Road C. The subject site has a land area of approximately 44 acres. 3. Lot Sizes, Density — As shown on the preliminary plat map, Sheets 3 and 4 of 14, by ESM Consulting Engineers (Exhibit A2 A3), all lots in the zero -lot line townhouse plat meet or exceed the underlying code -required minimum lot size of 1,500 square feet (RM 2400). These lots range in size from 1,560 to 3,343 square feet, with an average lot size of 1,976 square feet. 4. Critical Areas — The subject site contains two wetlands (Wetlands 1 and 2). They are both regulated as Category II wetlands, with 100-foot buffers. Two small Category III wetlands (Wetlands 3 and 4) are located on the adjacent BC -zoned, proposed mixed use portion of the overall Federal Way Village Master Plan site. Wetlands 3 and 4 are proposed to be eliminated with development of the adjacent commercial mixed use development. Mitigation for the filling of Wetlands 3 and 4 has already been implemented as part of the South 336`h Regional Stormwater Detention Facility located just south of the subject site. In addition, the site is located within ten-year contour areas associated with Critical Aquifer Recharge and Wellhead Protection Areas. 5. Land Use, Zoning, and Comprehensive Plan Designation — Direction Zoning Comprehensive Plan Existing Land Use Site RM 2400 Multifamily Residential Vacant North OP Office Park Office South CE Commercial Regional Stormwater Detention Facility East BC Community Business Vacant West RM2400/CE Multifamily Residential Senior Housing Commercial Light Industrial 1 The entire Federal Way Village Master Plan site is approximately 44 acres. The area zoned RM2400 is the subject site for the preliminary plat application and is 25.47 acres in size. Federal Way Village Staff Report to the Federal Way Hearing Examiner File #06-106382-00-SU / Doc.1.D. 44593 Page 2 II. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Federal Way Department of Public Safety (Police); South King Fire and Rescue; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners within 300 feet of the site were mailed notices of the application. The site was also posted and notice published in the newspaper and on the City's official notice boards. No comment letters were submitted in response to the June 2, 2007, notice of application. C. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18, "Environmental Protection," all property owners within 300 feet of the site and all affected agencies were notified of the proposed action and the City's environmental decisions. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. III. STATE ENVIRONMENTAL POLICY ACT (SEPA) A. The City of Federal Way issued a Mitigated Environmental Determination of Nonsignificance (MDNS) for the proposed Federal Way Village Master Plan on February 16, 2008 (Exhibit Q.' The MDNS was issued in consideration of the overall master plan, of which the proposed zero - lot line subdivision is a part. This determination was based on review of information in the project file, including the environmental checklist and staff evaluation of the environmental checklist for Federal Way Village (Exhibit D), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MDNS. B. Mitigation measures for the project were identified as the following: 1. Prior to the issuance of the final plat approval or issuance of a building permit, whichever occurs first, for the residential phase for the zero lot line townhouse portion of the site, or prior the issuanoe'of a Certificate of Occupancy for any commercial buildings on site, the applicant shall construct impacted Transportation Improvement Plan (TIP) projects at the following locations. a. City Center Access Phase 2: Design study, environmental analysis to improve access to the City Center b. City .Center Access Phase 3: Add second southbound left -turn lane and third southbound right -turn lane 2 An MDNS was originally issued on September 12, 2007. Subsequent to the issuance of the MDNS, the project proposal was modified to be constructed in phases. As a result, the September 12, 2007, MDNS was withdrawn and then re -issued on February 16, 2008, with modified conditions which implemented mitigation measures in a phased manner coincident with phased construction. Federal Way Village File #06-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 3 c. City Center*Access Phase 4: Widen South 3201h Street bridge over I-5 and realign loop ramp and northbound off -ramp d: SR 99 Phase 3 / South 2840'Street — SR 509: Add High Occupancy Vehicle (HOV) lanes, second southbound left -turn lane at South 288'h, install raised median, and signal at SR 509 @ Redondo Way South with interconnect to 11th Place South e., South 348`h Street from 9'h Avenue South to SR 99: Add HOV lanes, install raised median, underground utilities, and add northbound left -turn at SR 99 f. South 320`h Street @ 0 Avenue South: Add second northbound lane, westbound left - turn lanes, westbound right -turn lanes, and widen I" Avenue South to five lanes to 316th Street g. SR 99 @ South 356" Street: Add westbound thru lane, eastbound, and northbound left - turn lanes h. South 348th Street at 1" Avenue South: Add second left -turn lanes eastbound, westbound, southbound, and westbound and southbound right -turn lanes i. I" Avenue South @ South 328th Street: Install raised median and improve access at South 328 h Street j. 10th Avenue SW/SW 344th Street / SW Campus Drive to 21" Avenue SW: Extend three -lane collector street, sidewalks, and street lights k. South 3200' Street @ 201h Avenue South: Add second left -turn lanes eastbound and westbound 1. 2 1 " Avenue SW / SW 356`h Street — 22nd Avenue SW: Extend two-lane collector and signal modifications in. SR 99 Phase 4 / SR 509 to South 312th Street: Add HOV lanes and install raised median n. SR 18 @ SR 161: Add third westbound left -turn lane, eastbound and westbound right - turn lanes, and add third southbound lane on SR 161 to South 352"d Street o. South 356h Street / SR 99 to SR 161: Widen to five lanes, bike lanes, sidewalks, illumination p. South 352nd Street / SR 99 - SR 161: Extend three lane principal collector and signal at SR-99 q. SW 320th Street @ 21" Avenue SW: Interconnect to 261h Avenue SW with the addition of a second westbound left -turn lane r. South 320th Street from I" Avenue South to 8`h Avenue South: Add HOV lanes and install raised median s. SW 336`h Way / SW 3401h Street from 26th Place SW to Hoyt Road: Widen to five lanes In lieu of constructing the above TIP improvements projects (a — s), the applicant may voluntarily offer to pay the project's pro-rata share contribution as identified in Table 1, below. The total pro-rata share contribution of $1,048,700 is further broken down for each proposed residential and commercial phase. The pro-rata share contribution for each project is calculated based on the formula below: Fair share contribution = Project generated PM peak trips Projected Total PM peak traffic These are calculated per the table below: Federal Way Village Staff Report to the Federal Way Hearing Examiner X (TIP project cost— value of right-of-way and frontage improvement) File #06-106382-00-SU / Doc. I.D. 44593 Page 4 Table I — FW Village TIP Pro-Rata Share Contribution TIP Est. TIP Project Background Fair -Share % of Map Project Name Project PM Peak Volume Contribution Total Fees #ID Cost Trips ($$) (Distributed ) la City Center Access Phase 2 $3,500,000 1 25 4730 $18,499 1.76% lb City Center Access Phase 3 $2,8503000 37 5364 $19,659 1.87% 1 c City Center Access Phase 4 $11,800,000 25 3755 $78,562 7.49% 2** 52R 9SPhase 509 $21,400,000 $146,514 13.97% 3 * * h 9'h Ave S -- SR 99 $4, 300, 000 $25, 617 2.44% 4 * * S 320'h St. @ 1 s' Ave S $6, 374, 000 $82, 522 7. 87% 5 SR 99 @ S 350 St $7,518,000 55 3,588 $115,242 10.99% 7 S 348`h St @ I" Ave S $23430,000 55 4546 $29,399 2.80% 8** 10'h Ave SW/SW 344"h St: $8 632, 000 $64,535 6.15% SW Campus Dr - 21 s1 Ave SW 9 1" Ave S @ S 328`h St $459,000 67 2474 $12,430 1.19% 10 S 320" St @ 20'h Ave S $1,482,000 49 3,719 $19,526 1.86% 11 ** sr Ave SW: $1,155, 000 $4, 695 0.45% SW 356'h St_ 22 Ave SW 12** SR99Phase 4 $19,400,000 $220,536 21.03% SR 509 to S 312lSt. 13 * * SR 18 @ SR 161 �$1, 737, 000 $28, 871 2.75% IS** S356rh St $5,979,000 $52,790 5.03% SR99toSR161 I 17 S 352°d St: $5,200,000 $12,324 1.18% SR 99 to SR 161 18 SW 320" St. @ 2 1 " Ave SW $1,748,000 18 3,957 $7,951 0.76% 19 * * 320'h fSt Ave S $6, 763, 000 $28,199 2.69% Is'Ave 1 Ave S — 8 Federal Way Village File #06-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 5 TIP Est. TIP Project Background Fair -Share % of Map project Name Project PM Peak Volume Contribution Total Fees #ID Cost Trips ($$) (Distributed) SW 336�h Way I SW 340'h St 23 * * from 26 P1 SW to Hoyt Rd $7, 777, 000 $80, 806 7.71 Total Pro-Rata Contribution $1,048,700 100% Cost per PM Trip — (Based on 611 Total Trips) $1,717 ** TIP pro-rata contribution calculated based on segment (All contributions are rounded to the nearest 100 dollars figure.) As required by state law, the City shall refund collected fees if not used for the identified TIP projects within five (5) years. TIP Calculation Phase I — Residential Prior to recording of the final plat approval, or building permit issuance, whichever occurs first, the applicant may offer to pay the project's pro-rata share contribution for the Phase I residential portion in the amount of $50,911 (30 residential PM trips x $1,717/ per PM trip). Fees collected will be allocated to each impacted TIP project as identified in Table 1. TIP Calculation Phase II — Commercial and Residential Prior to the issuance any building permits on site, the applicant may offer to pay the project's pro-rata share contribution of $3,768 for each 1,000 square feet of gross floor space proposed for any commercial building, and $541.60 per proposed residential unit up to a maximum of 55 units. The total pro-rata share contribution for all commercial buildings shall not exceed $964,600 (256,000 square feet of gross floor area). Fees collected will be allocated to each impacted TIP project as identified in Table 1. Any remaining building(s) without a building permit application after six years from the issuance of a Mitigated Determination of Nonsignificance (MDNS) decision may be subjected to concurrency and traffic mitigation fees as adopted by the City and applicable at that time, with such fee calculated and levied as set forth within the ordinance. 2. Prior to issuance of a building permit for development on any of lots 35 through 95, the applicant shall constructlmodify the traffic signal at SR 99/1611 Avenue South to accommodate the new west leg of South 340 Street for safe access into the site. The signal shall be constructed to all applicable standards and shall be reviewed and approved by the City and Washington State Department of Transportation (WSDOT). This condition is deemed complete if constructed by the commercial phase of the development. 3. Prior to issuance of a Certificate of Occupancy for any commercial development within the southerly portion of the site, the applicant shall construct/modify the traffic signal at SR 99/ 16'h Avenue South to accommodate the new west Ieg of South 340'h Street for safe access into the site. The signal shall be constructed to all applicable standards and shall be reviewed and approved by the City and WSDOT. 4. Prior to recording of the final plat for the residential portion of the site, the applicant shall construct a westbound left -turn lane on South 330h Street at the west site access point. The Federal Way Village File #06-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 6 left -turn lane shall be designed and approved by the City. Please note, per FWCC Section 22-1473, the project is required to construct improvements along South 3361' Street to meet a Type E street (five -lanes). Channelization and street improvement plans shall be prepared by a professional engineer registered in the State of Washington and submitted to the City of Federal Way for review and approval in concurrence with plat infrastructure construction, and constructed prior to final plat approval. 5. Prior to the issuance of a Certificate of Occupancy for any commercial building within the central portion of the site, the applicant shall construct a southbound right -turn lane at the north driveway on SR 99 to meet all applicable City and WSDOT standards. As identified in the Traffic Impact Analysis (TIA, Exhibit O) the right -turn lane should be 435 feet in length, plus appropriate tapers to meet safety, and shall be constructed to all applicable City and WSDOT standards. 6. Channelization and street improvement plans shall be prepared by a professional engineer registered in the State of Washington and submitted for review and approval by the City and WSDOT in concurrence with building permit application and constructed prior to the issuance of a Certificate of Occupancy for the first commercial building within the central portion of the site. C. The comment period for the MDNS concluded on March 3, 2008. Five comment letters were received (Exhibits EI-ES). The City replied to these comments (Exhibits FI-FS) and the appeal period ended on March 17, 2008, with no appeals to the City's environmental decision. The environmental decision is incorporated as though set forth in full. IV. NATURAL ENVIRONMENT A. Soils, Topography, Slopes — The 1973 King County soils survey map lists the soils type as Everett-Alderwood Gravelly Sandy Loam (EwC), 6 to 15 percent slopes. Everett-Alderwood soils with 6 to 15 percent slopes are characterized by slow to medium runoff and a slight to moderate erosion hazard. Typical soils excavation will occur with the street construction and for utility installation. The preliminary grading and utilities plan depicts clearing limits for construction of the following facilities: street rights -of way, usable recreation area, and utility development. The applicant has proposed to clear and grade all lots with construction of plat infrastructure due to the small size of the proposed zero lot line townhouse lots and the nature of the building construction, two to five attached units per structure. This request will be reviewed in relationship to development of a phased construction plan, as the applicant anticipates constructing the plat infrastructure and housing development in phases. The site topography is generally comprised of topographic highs in the northwest portion of the site and a topographic low wetland area in the central portion of the site. Slopes are generally flat, with gradients in the range of 5 to 10 percent (August 2, 2007, Existing Conditions Plan prepared by ESM Engineers, Exhibit A4). Federal Way Village File #06-106382-00-SU / Doc.1.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 7 B. Vegetation — Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-156. City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. This section goes on to state that for zero -lot line townhouse development, clearing and grading shall be allowed to accommodate the constructionof the buildings. If development is to be phased, clearing and grading shall also be phased. The Federal Way Village site contains approximately 1,586 significant trees. Tree calculations were done using a representative sample of forested areas within the site and applying it to all forested areas on the site. Approximately 10.46 acres of the overall 44-acre Federal Way Village site is un-forested. These areas are documented on the Preliminary Tree Retention Plan received 'August 2, 2007 (Exhibit A8). Significant trees located within Wetlands 1 and 2 and associated buffer areas will be retained. Within these areas, it is estimated that there are approximately 737 significant trees that will be retained. Pursuant to the provisions of FWCC Section 22-1568, removal of more than 75 percent of the significant trees requires replacement in the amount of 25 percent of the existing significant trees. For the Federal Way Village Master Plan site, a minimum of 25 percent of the existing significant trees on the subject site must be retained, which is approximately 397 significant trees. The approximately 737 significant trees that will be retained represent approximately 46 percent of the total number of significant trees. As the number of trees proposed for retention is greater than 25 percent of the existing significant trees, no tree replacement is required for the significant trees that are to be removed. C. Wetlands — There are four wetlands located on the overall Federal Way Village Site. Two of the wetlands (Wetlands 1 and 2) are located within the portion of the site where the zero -lot line townhouse subdivision is proposed. Wetland 1 is located in the northwestern portion of the site and is approximately two acres in size. Wetland 2 is approximately 2.46 acres in size and is located along the eastern boundary of the proposed subdivision and separates the proposed subdivision from the proposed mixed use commercial portion of the Federal Way Village Master Plan site. Both Wetlands 1 and 2 meet the FWCC definition of a Category II wetland. The standard buffer for Category II wetlands is 100 feet. Wetlands 3 and 4 are located to the east of the proposed zero -lot line townhouse preliminary plat, but within the overall Federal Way Village Master Plan site. These two wetlands are proposed to be filled due to grading activities in conjunction with construction of the internal roadway network and mixed -use commercial development. The Federal Way Village Buffer Averaging Plan (Exhibit H) identifies the existing wetlands and associated buffer areas, proposed wetland impacts and mitigation. Wetland reports prepared by Raedeke Associates Inc, and buffer averaging plans and functional assessment of the proposed buffer averaging prepared by J.S. Jones Associates, Inc provide relevant information about wetlands and associated wetland buffer areas; wetland function and values; endangered or threatened species or habitats; development impacts; and proposed mitigation for each impacted area. The Federal Way Hearing Examiner shall review the requests for filling of Wetlands 3 and 4 and wetland buffer area averaging for Wetlands 1 and 2, consistent with the procedural requirements of Process IV Hearing Examiner Review, as discussed in the staff report for Federal Way Village File 406-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 8 Process IV Hearing Examiner Review of Proposed Wetland Elimination and Wetland Buffer Modification Federal Way Village Master Plan, Federal Way File Aumber 07-102851-00-UP. Mitigation of wetland filling and wetland buffer area impacts is required under FWCC Section 22-1356. Specific wetland mitigation proposals will be presented for review and approval to the hearing examiner in accordance with provisions of FWCC Section 22-1358(d). Wetland buffer averaging is reviewed under FWCC Section 22-1359(b). D. Aquifer Recharge, Wellhead Protection Areas —The eastern half of site is located within the ten-year contour areas associated with Critical Aquifer Recharge and Wellhead Protection Areas. The applicant completed a January 23, 2007, Hazardous Material Inventory Statement for the Critical Aquifer Recharge and Wellhead Protection Area (Exhibit 1) and noted that the development of the proposed infrastructure will involve some of the types of hazardous materials listed in the checklist. The checklist identified materials utilized in construction (e.g. paint and solvents), fertilizers, and pesticides. In addition, the applicant has noted that construction vehicles will be refueled on site. This information will be reviewed in conjunction with engineering permits. The City will continue to protect groundwater resources in site development by encouraging storm drainage infiltration where soils and topography are conducive and requiring storm drainage to be detained, treated, and released in accordance with all applicable codes, polices, and regulations. Design and construction of surface drainage facilities in accordance with all applicable state and local codes, regulations, and policies, and recommended conditions of approval, as discussed in Section IX.C, below, will promote and ensure protection of groundwater resources. E. Stormwater Runoff— Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. The existing South 336th Regional Stormwater Detention Facility provides mitigation for the runoff rate increases under improved conditions of the development. Per the settlement agreement (Exhibit .I), a portion of the overall Federal Way Village Master Plan site will be permitted to discharge to the existing South 3361h Regional Stormwater Detention Facility. For areas of the site not covered by the agreement, rights to detention will be purchased for a fee of $5,022.0 per gross acre. Stormwater water quality shall be mitigated using approved facilities in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The applicant's storm drainage Preliminary Technical Information Report (TIR), revised May 4, 2007 (Exhibit L), was reviewed by the City's Public Works Department. According to the TIR, the proposed zero -lot line townhouse area flows easterly into Wetland 2 and/or West Hylebos Tributary 0014A. F. Wildlife and Habitat — The applicant submitted a September 7, 2004, Wetland Assessment prepared by Raedeke Associates (Exhibit M) that contains a wildlife inventory and assessment. According to the assessment, 27 wildlife species or their sign were observed on -site. No state or federally listed endangered, threatened, sensitive, or candidate species were observed on the property. Two green herons, state monitor species, were observed using habitats within Wetland 1 on one site visit. No heron nests were found on -site. Songbirds observed on -site include winter wren, wrick's wren, song sparrow, fox sparrow, American goldfinch, American robin, American crow, and black -capped chickadee. Red - winged blackbirds were observed. in Wetland 1. Summer resident birds observed included white -crowned sparrows, barn swallows, and Swainson's thrush. A northern flicker and downy Federal Way Village File #06-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Nearing Examiner Page 9 woodpecker were observed within the wetlands. Red-tailed hawks were observed flying low aver Wetland 1. No nests were observed, although the large cottonwoods and Douglas Fir trees in Wetland 1 and Wetland 2 may be large enough to support a hawk's nest. Four species of mammals were observed on the site. A cotton -tailed rabbit was observed adjacent to the northeast portion of Wetland 2. Squirrel nests were seen in two trees within Wetland 2. Mountain beaver burrows were found in areas throughout the buffers of Wetlands 1 and 2. Raccoon tracks were observed in Wetland 1. Matted vegetation and deer scat suggests potential bedding by black -tailed deer. Numerous Pacific tree frogs were observed in Wetland 1. Moderate numbers of snags were widely scattered in the forested wetland and buffers of Wetlands 1 and 2. Coarse woody debris was observed within Wetland 2, including several downed trees with exposed root wads. Each of these features could be used by a variety of wildlife. Approximately 16.58 acres of the overall 44-acre site (36 percent) is proposed as conservation open space contained in wetlands and wetland buffers. These 16.58 acres will be modified slightly by proposed wetland buffer averaging. The preservation of these wetlands and associated buffers, including retention of significant trees throughout the tracts, will continue to provide habitat opportunities for some types of wildlife. The applicant will be required to provide fencing and signage around the wetland buffer areas to identify the areas and provide for the protection of wildlife within these areas. V. NEIGHBORHOOD CHARACTERISTICS A. Vicinity — The property is situated southeast of the central portion of the City in an area with a mixture of existing uses and vacant property. The area to the north of the property and across South 336'h Street is largely developed with office uses. A senior housing development is located to the immediate west of the property. A mixture of light industrial, business park development is located to the southwest. Immediately south of the property is the South 330h Street Regional Stormwater Detention Facility. Immediately to the east of the proposed zero lot line subdivision is vacant land zoned Community Business (BC). This BC -zoned area represents the balance of the proposed 44-acre Federal Way Village Master Plan development. VI. PRELIMINARY PLAT DESIGN A. Lot Layout, Building Setbacks — The proposed subdivision layout is located between Wetlands 1 and 2 and will be accessed via new internal roadway network providing connection with South 336'h Street to the north and Pacific Highway South to the east. The proposed 95 lots range in size from approximately 1,560 to 3,343 square feet, with an average lot size of 1,976 square feet. Generally, the proposed lots are rectangular -shaped; lots 28 and 29 are pie -shaped. Access to most lots is via a 25-foot-wide private tract —each tract serving 8 to 10 townhouse units. Lots 25-28 and 56-78 are accessed via a 34-foot private roadway. Lots 52- 55 are accessed via a 60-foot minor collector. Federal Way Village File #06-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 10 Under the FWCC, a zero -lot line townhouse lot must contain a front yard structural setback of 20 feet, or 10 feet if parking is accessed from the rear yard. The rear yard structural setback is five feet, unless parking is accessed from the rear yard, and then the minimum setback is ten feet. There is no side yard setback requirement between individual units. However, there is a side yard setback between buildings. For buildings with two to six units, the minimum side yard setback is five feet. For buildings with more than six units the sideyard setback is ten feet. There is no maximum lot coverage for zero -lot line townhouse development. However, there is a minimum on -site private open space requirement of 200 square feet on each individual lot. Compliance with minimum setback requirements and private open space will be confirmed during the Process II Site Plan Review that will be required for each townhouse building. B. Architectural Design — Architectural design for the zero -lot line townhouse buildings is addressed by "A Development Plan for Village at Federal Way" by Donahue Design Group, received August 2, 2007. This document provides a set of guidelines that shall apply to building design within the Federal Way Village Master Plan area. The development guide was reviewed and found to be consistent with FWCC Chapter 22, Article XIX, "Community Design Guidelines." The development guide shall be applied during review of each proposed townhouse building within the Federal Way Village Master Plan area. If there is a case where the FWCC and the development plan for Village at Federal Way conflict, the City shall determine which standard applies to the project. C. Open Space — To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site for open space. For zero -lot line townhouse development, all required open space must be provided on site. A total of 400 square feet of open space must be provided on site per each zero -lot line townhouse unit. Of the 400 square feet, a minimum of 200 square feet per unit must be provided in common usable open space and a minimum of 200 square feet must be provided as private open space on each individually platted lot. Total common open space required for this plat is 19,000 square feet (95 lots x 200 square feet per lot). To comply with the common open space requirements, the applicant has proposed 34,679 square feet of common open space located in two tracts (Tracts G and N) located along the eastern edge of the development and western edge of the buffer area associated with Wetland 2. Within these open space tracts is a pedestrian trail system and three tot lots. The total proposed square footage devoted to tot lots is 2,428 square feet (minimum required is 10 percent of 19,000 square feet, or 1,900 square feet). The common space and pedestrian trail is proposed adjacent to the edge of the buffer area associated with Wetland 2. Due to the proximity to the wetland, open rail wood fencing and appropriate signage shall be incorporated within the pedestrian trail corridor to minimize potential for inadvertent human intrusion into the wetland and buffer. A text note addressing dedication and maintenance provisions shall be noted on the face of the final plat and pursuant to the subdivision code, homeowners association covenants are required to be submitted for City review prior to final plat approval. D. Vehicular Access and Circulation -Primary vehicular access to the site will be provided from South 336`h Street via proposed Roadway A that will run southward through the subdivision to an intersection with proposed Roadway C that will run eastward on top of an existing earthen Federal Way Village File #06-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page I 1 dam that crosses Wetland 2 and through the proposed mixed use commercial portion of the Federal Way Village project to intersect with Pacific Highway South. A series of private tracts and private Roadway B will provide access to individual lots. Pursuant to FWCC street improvement standards; all public street improvements (Roadway A from Intersection with South 336"' Street to Roadway C, and the entire length of Roadway C) must be dedicated to the City of Federal Way for right-of-way and must be improved to applicable City standards. See Section VII of this report for a detailed description of the proposed roadway system and improvements. E. Pedestrian System — As proposed and required, the plat complies with the FWCC subdivision code requirements for on and off -site pedestrian circulation; providing five foot sidewalks on both sides of public interior streets (Roadways A and Q. The new sidewalks will connect with existing sidewalk systems on South 3364' Street and Pacific Highway South. Private Roadways B and D will also have five foot sidewalks on both sides of the paved roadway. In addition, the private tracts shall have five foot sidewalks on one side of the paved roadway. A trail network is proposed in conjunction with the common open space areas that will provide an alternate north -south link through the subdivision. E. Clearing, Grading — Pursuant to FWCC Section 22-179, the preliminary plat is subject to approved preliminary clearing and grading plans, and all natural vegetation shall be retained on the site to be subdivided, except that which will be removed for infrastructure improvements or grading as shown on approved engineering plans. The applicant has proposed to clear and grade approximately 52 percent of the site. This would include clearing areas for roadways, utilities, and building sites for each of the zero -lot line townhouse buildings. FWCC Section 20-179 allows for the clearing and grading for the townhouse buildings. As the applicant is proposing phased development of the subdivision infrastructure and buildings, clearing and grading shall be reviewed in detail during engineering plan review in consideration of a proposed phasing plan. With the proposed clearing and grading activities for the entire Federal Way Village Master Plan development, the applicant would be removing approximately 54 percent of the significant trees located on the site, leaving approximately 46 percent of the significant trees and corresponding native vegetation within Wetlands 1 and 2 and their respective 100-foot wetland buffer in a native growth protection tract. A total of approximately 849 significant trees would be removed from the overall Federal Way Village Master Plan site without replacement or mitigation. The City will review the proposed grading and clearing request pursuant to FWCC Section 22- 1568(c)(1) in conjunction with engineering review. A TESC plan must be submitted with construction plans and approved by the City prior to issuance of engineering approval. F. Landscaping — The applicant's preliminary landscape plan (Exhibit A9 —All) provides landscaping as required by the FWCC Chapter 20, "Subdivisions," including landscaping of street trees along public roads. As a recommended condition of preliminary plat approval, the applicant's final landscape plan shall be prepared in accordance with the preliminary plat conditions of approval and shall be submitted for the City's review and approval prior to issuance of engineering approval for plat improvements. FWCC Section 22-1566(c) requires a minimum of 10 feet of Type III perimeter landscaping along arterial rights of way. This landscaping is proposed in Tract D located along South 336'h Federal Way Village — File #06-106382-00-SU / Doc.1.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 12 Street. No other perimeter landscaping requirements apply to the proposed zero -lot line townhouse subdivision. Street trees, when mature, open. space vegetation and retained. vegetation within Wetlands 1 and '2 and their buffer areas will contribute to visual buffering. The applicant's tree retention plan (ExhibitA8) indicates that 849 of the total 1,586 significant trees within Federal Way Village Master Plan site will be removed; including those located in future infrastructure areas as well as townhouse building lots and commercial mixed use development on the adjacent BC -zoned portion of the site. The project will retain all significant trees and vegetation within Wetlands 1 and 2 and their buffer areas. The applicant's preliminary landscape plan also proposes to add street trees along all public internal streets. Additional trees will be planted in conjunction within landscaping of proposed common open space areas. VH TRANSPORTATION A. Street Improvements — As proposed and as required by the FWCC, all internal and external public rights -of -way must be dedicated by statutory warranty deed to the City of Federal Way and improved to all applicable FWCC street standards. Proposed road sections are shown on Road Cross Sections, Sheet PP-08 (Exhibit A5). Internal streets are designed in accordance with the City's local access street standard with certain modifications that were reviewed and approved by the Public Works Department (see modification letter, Exhibit N). The plat will contain both public and private roadways, with cross -sections as depicted on Sheet PP-08 (Exhibit A5). The approved section for public Road A, which runs north -south through the subdivision, includes a section `S' with a 60-foot wide right-of-way, 36-foot pavement width, vertical curb and gutter, four -foot planter strips, five-foot wide sidewalks, streetlights, and street trees. This cross-section `S' will be utilized for the section of Road A located just south of its intersection with South 3361h Street to the intersection with private Road D; and the section of Road A between the north end of lots 94 and 95 to the intersection with public Road C. The approved modified section `S' for public Road A from the intersection with Road D south to the north end of proposed lots 94 and 95 is a 54-foot right-of-way, 30-foot pavement width, vertical curb and gutter, four -foot planter strips, five-foot wide sidewalks, streetlights, and street trees. A short section of Road A just south of the intersection with Road D to the south end of Lot 30 has an approved modification to reduce the right-of-way width to 48 feet, with a 30-foot paved section with no parking, four -foot planter strip on the east side of the road, and five-foot sidewalk on both sides. This section was approved to avoid the wetland buffer associated with Wetland 1. The approved section for public Road C is section `S' with a 60-foot wide right-of-way, 36-foot pavement width, vertical curb and gutter, four -foot planter strips, five-foot wide sidewalks, streetlights, and street trees. This section tapers to a modified section `Y' just to the east of the subdivision where Road C crosses Wetland 2 and the associated stream -on the existing earthen dam constructed as part of the South 330h Stormwater Detention project and per the settlement agreement. This modified section `Y' will have a 40-foot wide right-of-way, 24-foot pavement width with no parking, vertical curb and gutter, five-foot sidewalk, and streetlights. The remainder of the approved road sections will be private roads and tracts. Private Roads B and D shall have a modified section `Y' with 34-foot wide right-of-way, vertical curb and gutter, five-foot sidewalk, and streetlights. Private Tracts B, C, E, I, J, K, and L shall have a Federal Way Village File #06-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 13 modified section `Y' with 25-foot wide right-of-way, vertical curb and gutter, five-foot sidewalk, and street lights on one side. These private tracts shall serve between eight and ten townhouse units. B. Off -Site Trade Mitigation — This proposal has been reviewed under the State Environmental Policy Act (SEPA) as discussed in Section III of this report. VM. PUBLIC SERVICES A. Schools — As part of the City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for review. Panther Lake Elementary, Ilahee Middle School, and Todd Beamer High School will serve the proposed subdivision. All middle school and high school students from this development would receive bus transportation to and from school, as these schools are over one mile from the subject site. Students attending Panther Lake Elementary will walk to school via sidewalks proposed along Road A, connecting to existing sidewalks on South 330h Street and ? Way South. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $1,729.50 per zero -lot line townhouse unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. B. Fire Protection —The Cert f cate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The exact number and location of fire hydrants will be reviewed and approved by South King Fire and Rescue. IX. UTILITIES A. Sewage Disposal — The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. An August 30, 2006, Certificate of Sewer Availability (Exhibit Q) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. B. Water Supply— The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The August 30, 2006, Certificate of Water Availability (Exhibit R) indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DEA). C. Drainage Facilities —Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The existing South 3361h Regional Stormwater Detention Facility provides mitigation for the runoff rate increases under improved conditions of the development. Per the settlement agreement (Exhibit J}, a portion of the overall Federal Way Village Master Plan site will be permitted to discharge to the existing South 330 Regional Stormwater Detention Facility. For Federal Way Village / File #06-106382-00-SU / Doc.1.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 14 areas of the site not covered by the agreement, rights to detention will be purchased for a fee of $5,022.0 per gross acre. Stormwater water quality shall be mitigated using approved facilities in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's storm drainage TIP, revised May 4, 2007 (Exhibit L), was reviewed by the City's Public Works Department. According to the TIR, the proposed zero -lot line townhouse area flows easterly into Wetland 2 and/or West Hylebos Tributary 0014A. The applicant is proposing to convey roof runoff from the townhouse units to Wetland 2. The applicant's engineer and wetland biologist shall coordinate efforts and provide documentation showing how the roof runoff will be sent to the wetland(s) in a controlled manner and that the amount of roof runoff going to the wetlands will sustain wetland and wetland buffer health and function. Final review and approval of the storm drainage facilities as shown on the engineering plans will occur in conjunction with full drainage review. Stormwater design and plat drainage elements must conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division, as outlined in the adopted KCSWDM and City amendments, the Comprehensive Surface Water Management Plan, and the Stormwater System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed per City code requirements, prior to final plat approval and recording of the subdivision. X. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the hearing examiner for a public hearing. The preliminary plat application and the recommendation of the hearing examiner are submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria — Pursuant to FWCC Section 20-126(c), the hearing examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan. Staff Comment: The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Multifamily. The proposed land use, Residential Multifamily 2400 (RM-2400), with 1,500 square foot minimum lot size, is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. Federal Way Village Staff Report to the Federal Way Hearing Examiner File 406-106382-00-SU / Doc.1.D. 44593 Page 15 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with the current Multifamily Residential land use classification of the FWCP and map. Proposed vehicular access and fire hydrant locations must meet all requirements of South King Fire and Rescue: Sidewalks are proposed to provide safe access to schools and school bus stops. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in FWCC Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2 and the standards and regulations therein, as identified in the staff report; including effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and preservation of approximately 38 percent of the site as permanent open space. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in FWCC Sections 20-151 through 153, and 20-156 through 187. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 20, "Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. XL FINDINGS OF FACT Based on an analysis of the preliminary plat application, environmental record, and related decisional criteria, the Department of Community Development Services finds the following. The proposal is to subdivide a vacant 25.47 acre site into 95 zero -lot line townhouse residential lots with two wetland/open space tracts. Two wetlands and their associated 100- foot buffer areas are located on the east and west sides of the proposed. A separate Process IV request for wetland elimination (associated with commercial development on a portion of the Federal Way Village site outside of the proposed subdivision) and wetland buffer averaging for purposes of lot establishment, a pedestrian trail, and roadways has been forwarded to the Federal Way Hearing Examiner. 2. The proposed zero -lot line townhouse residential subdivision is consistent with the existing Federal Way zoning and comprehensive plan designations. The subject property contains environmentally sensitive areas as defined by the FWCC, including four regulated wetlands (Wetlands 1 and 2 within the portion of the site to be subdivided and Wetlands 3 and 4 on the adjacent portion of the site to be developed with mixed -use commercial uses). The site is also within the ten year contour areas associated with the Critical Aquifer Recharge and Wellhead Protection Areas. The City reviewed the Federal Way Village Staff Report to the Federal Way Hearing Examiner File #06-106382-00-SU / Doc. I.D. 44593 Page 16 applicant's specialized studies and material checklists related to sensitive areas, wetland determination and buffer averaging plan, and Hazardous Material Inventory Statement as part of environmental review and recommendations found in these reports have been applied in the MDNS, reflected in preliminary plat conditions, and forwarded to the Federal Way Hearing Examiner as appropriate. The applicant proposed to eliminates Wetlands 3 and 4; mitigation for wetland elimination has already been implemented as part of the construction of the South 336`h Regional Stormwater Detention Facility located just south of the proposed development. Design and construction of plat improvements in accordance with all state and local codes, policies, and regulations, and with all conditions as recommended, will ensure protection of environmentally sensitive areas and provide for the public health, safety, and welfare. 4. A MDNS was issued for this proposed action on February 16, 2008, based on a Staff Evaluation of Environmental Checklist. Mitigation measures for transportation were applied to the project in the MDNS. Five written comment were received regarding public transportation in the vicinity, potential of a private well located on adjacent property, the potential for archeological sites to be located on site, and questions about the proposed wetland buffer averaging. No appeals of the environmental determination were filed with the City. Pursuant to the FWCC, MDNS mitigation measures become conditions of project approval. 5. The preliminary plat was reviewed and determined to be consistent with all preliminary plat decision criteria set forth at FWCC Sections 20-126(c)(1) through (5), including consistency with the comprehensive plan; consistency with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; consistency with the public health, safety, and welfare; consistency with the design criteria listed in FWCC Section 20-2; and consistency with the development standards in FWCC Sections 20-151 through 20- 153, and 20-156 through 20-187. 6. Lot sizes of the 95 proposed lots meet or exceed the underlying required minimum lot size of 1,500 square feet and range in size from 1,560 to 3,343 square feet, with an average lot size of 1,976 square feet. The applicant's proposed grading plan clears approximately 62 percent of the site, including 54 percent of existing significant trees, in conjunction with street and utility construction, and clearing of lots for construction of zero -lot line townhouse buildings. City staff will review the grading request, subject to review of a final grading plan and subject to all conditions of preliminary plat approval. Mass grading requests can generally be approved at the time when construction plans are 80 percent complete. The applicant's request for mass grading will also be evaluated within the context of proposed project phasing. Generally, grading activity is permitted for each phase as it is constructed. Areas that are not proposed for immediate construction must be vegetated as soon as vegetation is complete. This note must be included on the plans. A TESC will be required to eliminate stockpile -related erosion and aesthetic issues and provide protection of critical areas. The applicant proposes to eliminate Wetlands 3, and 4, and also proposes wetland buffer averaging for buffers associated with Wetlands 1 and 2. These requests are subject to a Process IV Hearing Examiner's decision pursuant to FWCC Section 22-1312(c) and FWCC Chapter 22, Article XVI. Denial or modification of the requests will require modification of the proposed subdivision design. Federal Way Village Staff Report to the Federal Way Hearing Examiner File #06-106382-00-SU / Doc.1.D. 44593 Page 17 The applicant's significant tree inventory indicates approximately 737 of an estimated 1,586 significant trees will be retained within the areas contained within Wetlands 1 and 2 and their associated 100-foot buffer areas. All significant trees and vegetation within the wetlands and their associated buffer areas will be retained in Native Growth Protection Tracts (NGPT's). 10. The applicant has proposed a pedestrian trail that will run north -south through the site linking common open space tracts and tot lots adjacent to the buffer area associated with Wetland 2. The proposal results in preservation of approximately 16.58 acres (or 38 percent) of the overall 44-acre master plan site in conservation open space, with approximately 34,679 square feet in usable open space. 11. The City's Public Works Traffic Division has reviewed and concurred with the applicant's Village at Federal Way Traffic Study prepared by Transportation Engineering Northwest, LLC. The MDNS requires the applicant to construct or voluntarily contribute the project's pro- rata share to the City's impacted Transportation Improvement Plan (TIP) projects, which will address impacts to the transportation system. 12. Public access will be provided by construction of Road A, connecting with South 3360' Street to the north, and construction of Road C, connecting with the proposed mixed use commercial portion of the Federal Way Village to the east and Pacific Highway South. Plat layout provides for good vehicle and pedestrian circulation in accordance with all applicable right-of- way improvement requirements. In accordance with the FWCC, all public street improvements must be dedicated as City right-of-way. The City's Public Works Traffic Division has reviewed the project and concluded that the proposed street layout is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. 13. The application was routed to the Federal Way School District for review and comment. Based on information provided by the school district, the site will be served by Panther Lake Elementary School, Ilahee Middle School, and Todd Beamer High School. Middle school and high school students from the plat will be bussed from existing nearby stops, or new and additional stops as the district may determine appropriate for the conditions. Elementary school students will walk to school via new sidewalks constructed within the subdivision connecting to existing sidewalk and roadway corridors. 14. This project is vested to the 1998 KCSWDM and the City of Federal Way addendum to the KCSWDM, subject to the legal and binding agreements associated with the properties. Level 1 flow control and resource stream water quality requirements as outlined in the KCSWDM will be met. Development of the Federal Way Village Master Plan site is included in the detention capacity of the South 336th Street Regional Stormwater Detention Facility located south of the project site. Portions of the site will need to purchase the right for a fee of $5,022.00 per gross acre. A settlement agreement between the City of Federal Way and Campus Gateway and Associates, effective May 1996, allowed the construction of a regional detention facility and conveyance improvements within the subject site and specifies that the property owners will not be required to provide on -site detention and will be allowed to discharge to the regional facility. The applicant's TIR was reviewed and accepted by the City's Public Works Department. The applicant proposes to direct roof runoff from townhouse lots into Wetland 2. The applicant's engineer and wetland biologist will be required to provide documentation showing how the roof runoff will be sent to the wetland(s) in a controlled manner and that the amount of roof runoff going to the wetlands will sustain wetland and wetland buffer health and function. Federal Way Village File 406-106382-00-SU / Doc.1.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 18 15. The preliminary plat application was reviewed for consistency with all applicable state and local codes, policies and regulations, including the Federal Way Comprehensive Plan (FWCP); Federal Way City Code (FWCC) Chapters 18, "Environmental Policy"; 19, "Planning and Development"; 20, "Subdivisions"; 21, "Surface and Stormwater Management"; Chapter 22, Article XI, "District Regulations"; Article XIV, "Critical Areas"; Article XVI, "Improvements'; Article XM "Landscaping"; Article XIX, "Community Design Guidelines"; the 1998 King County Surface Wafer Design Manual; and King County Road Standards. As proposed and recommended by staff, the preliminary plat is consistent with the FWCP and all other applicable codes and regulations. 16. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. 17. As proposed and recommended by staff, approval and development of the proposed preliminary plat will ensure consistency and compatibility with existing surrounding uses and densities. 18. Pursuant to the FWCC, prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII. RECOMMENDATIONS Based on review of the applications, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends that the hearing examiner recommend approval of the preliminary plat; and approve the Process W component of the application, subject to the following conditions. Prior to the City's approval of engineering plans, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing tree preservation within the plat, all landscaping within plat boundaries, wetland buffer area planting, restoration of any open space areas disturbed by plat infrastructure construction, and street trees for review and approval by the Directors of Community Development Services and Public Works. Prior to submittal to the City, the landscape plan shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations and/or conditions contained in the Hearing Examiner Decision to be issued on the Process IV decision (City of Federal Way File Number 07-102851-00-UP) regarding proposed buffer averaging for Wetlands 1 and 2. Pursuant to FWCC Sections 22-1243 and 22-1356(b), the City may require the applicant to pay for the services of a wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring on behalf of the City, as determined by the Community Development Services Director. 2. Prior to the City's approval of engineering plans, the applicant's engineer and wetland biologist shall coordinate efforts and provide documentation showing how the roof runoff will be sent to the wetlands in a controlled manner and that the amount of roof runoff going to the wetlands will sustain wetland and wetland buffer health and function. Pursuant to FWCC Sections 22- 1243 and 22-1356(b), the City may require the applicant to pay for the services of a wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring on behalf of the City, as determined by the Community Development Services Director. Federal Way Village File #06-106382-00-SU / DOc.1.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 19 I Prior to the City's approval of engineering plans, the applicant shall submit detailed design drawings (including elevation and section details) for any proposed rockeries and retaining walls associated with plat construction. Rockery and retaining wall design must reflect residential scale, design, and sensitivity of materials or treatment, including use of vegetation and/or terracing, where they are visible from adjacent residences or usable open space. 4. All on -site fencing associated with plat construction is subject to the City's final review and approval of design, location, and any screening. Fencing shall allow for the migration of small wildlife animals, where appropriate. Any chain link fencing, if approved by the City, shall be vinyl coated black or green and shall be screened with vegetation. 5. Prior to final plat approval, open rail fencing, appropriate vegetation, and appropriate signage shall be installed to separate the common open space areas, pedestrian trail, and residential lots from the Wetland 1 and 2 buffer areas. 6. The final plat drawing shall establish sensitive areas open space tracts for both Wetland 1 and 2 and their associated buffer areas, to be owned in common and maintained by property owners of the proposed subdivision. Removal or disturbance of vegetation and landscaping shall be prohibited within these tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A note shall be included on the final plat map that the sensitive areas open space tract shall not be further subdivided, may not be developed with any buildings or other structures, and may not be used for financial gain. The final plat drawing shall dedicate all usable open space in open space tracts to be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within these tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in open space tracts to meet conditions as approved by the City. A note shall be included on the final plat map -that the open space tract shall not be further subdivided, may not be developed with any buildings or other structures except as may be approved by the City for recreational purposes only for the benefit of the homeowners, and may not be used for financial gain. Prior to issuance of a construction permit, the applicant must record a Boundary Line Adjustment (BLA) with the King County Department of Elections and Records at the applicant's expense. Said BLA shall establish a separate lot that is consistent with the proposed boundaries of the proposed zero -lot line townhouse development. The BLA shall also establish a separate lot that is consistent with the boundaries of Wetland 2 and its associated buffer area. The remaining proposed lots establish parcel boundaries that are consistent with the proposed internal street network. 9. Prior to issuance of a construction permit for any zero -lot line townhouse building within the proposed subdivision, the applicant must record an affordable housing agreement that establishes that a minimum of five (5) units (95 units x 5% = 4.75 — rounds up to 5) within the Federal Way Village zero -lot line subdivision plan area will remain affordable as defined in Section 22-976(b) of the FWCC for the life of the project. Such agreement shall be in a form approved by the City and must be recorded with the King County Department of Elections and Records at the applicant's expense. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant. Federal Way Village File 406-106382-00-SU / Doc. I.D. 44593 Staff Report to the Federal Way Hearing Examiner Page 20 10. Prior to issuance of construction permit for any zero -lot line townhouse building on the Federal Way Village site, detailed building'and site plans and any minor site plan modifications shall be submitted and reviewed.via Process II, Site Plan Approval. The following shall be considered as part of this review in addition to applicable sections of the FWCC: a. Compliance with comprehensive plan amendment ordinance #05-490, as amended by ordinance #07-556; and b. Consistency with design guidelines established in, "A Development Plan for Village at Federal Way" (received August 2, 2007). In cases where the development plan guidelines and City zoning ordinance standards conflict, the City shall determine which standard applies. XHL LIST OF EXHIBITS A Al — Reduced Scale Preliminary Plat Map,3 revised January 15, 2008 A2 — Preliminary Plat — North, revised January 15, 2008 A3 — Preliminary Plat — South, revised January 15, 2008 A4 — Existing Conditions, revised August 2, 2007 A5 — Road Cross Section's revised, January 15, 2008 A6 — Preliminary Grading and Utility Plan Sheet PP-6, revised August 2, 2007 A7 — Preliminary Grading and Utility Plan Sheet PP-7, revised August 2, 2007 A8 — Preliminary Tree Retention Plan, revised August 2, 2007 A9 — Preliminary Landscape Plan Sheet PP-10, revised August 2, 2007 Al — Preliminary Landscape Plan Sheet PP-11, revised August 2, 2007 Al I — Preliminary Landscape Plan Sheet PP-12, revised August 2, 2007 Al2 — Open Space Plan, revised January 15, 2008 B. Vicinity Map C. MDNS Issued February 16, 2008 D. Staff Evaluation with SEPA Checklist E. Comment Letters Received Following MDNS El — DNR (e-mail) E2 — Muckleshoot Indian Tribe Fisheries Division (e-mail) E3 — Department of Archeology and Historic Preservation E4 — King County Metro (e-mail) E5 — Harry Horan F. City Response Letters to MDNS Comments F1 —Response e-mail to DNR F2 — Response letter to Muckleshoot Indian Tribe Fisheries Division F3 — Response letter to Department of Archeology and Historic Preservation F4 Response letter to King County Metro F5 — Response letter to Harry Horan G. Director's Process III Decision for the Federal Way Village Master Plan and Findings, Issued January 25, 2008 H. Buffer Averaging Plan, prepared by J.S. Jones and Associates, Inc, revised December 5, 2007 I. Hazardous Material Inventory Checklist, January 23, 2007 J. Settlement Agreement 3 Full size plan sent to the Federal Way Hearing Examiner, Federal Way Village - File #06-106382-00-SU / Doc. I.D.44593 Staff Report to the Federal Way Hearing Examiner Page 21 K. Geotechnical Engineering Study Federal Way Village, prepared by Earth Consultants, Inc, received January 23, 2007 L. Preliminary Technical Information Report (TIR) prepared by ESM Consulting Engineers, revised May, 9, 2007(includes Settlement .Agreement) M. Wetland Assessment of the Kitts Corner Property, prepared by Raedeke Associates, Inc, September 7, 2004 N. City Right -of -Way Modification Letter, August 28, 2007 0. Traffic Impact Analysis 01— Village at Federal Way, Updated Transportation Impact Study prepared by Transportation Engineering Northwest, LLC, July 16, 2007 02 — February 11, 2008, Memorandum Revising Updated Transportation Impact Study, July 16, 2007 P. School Access, E-Mail from Federal Way School District, October 29, 2007 Q. Certificate of Sewer Availability R. Certificate of Water Availability TRANSMITTED TO THE PARTIESLISTED HEREAFTER: Federal Way Hearing Examiner Applicant —Federal Way Village, LLC Project Engineer — ESM Engineers, Inc Federal Way Staff— Janet Shull, Ann Dower, Sarady Long, William Appleton City's Critical Areas Consultant —Lizzie Zemke, Adolfson Associates Federal Way Village Staff Report to the Federal Way Hearing Examiner File #06-106382-00-SU / Doc. I.D. 44593 Page 22 FEDERAL WAY — A,-,V-V I I R R 0- R A SOUND PUBLISHING NEWSPAPER 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 semi -weekly newspaper. That said newspaper is published in the English language continually as a semi -weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained at 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 L-1373 as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 29th day of March. 2008 , and ending on the 29th day of March, 2008, 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 1155.74 which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090 Subscribed to and sworn before me this 2nd day of April, 2008. Notary Public in and for the State of Washington, Residing at Federal Way �krrrr����� 1414 S. 324th STREET, SUITE B210, FEDERAL WAY, WA 98003 n 253-925-5565 ■ F A X: 253-925-5750 CITY OF FEQERAL WAY Wetland Report, and Traffic Impact Analysis NOTICE OF LAND USF- PUBLIC HEARING De.velopmenr Regulations to be used for. Prol- ecr Mitigation, Known at This Time: Federal Federal Way Village Master Plan -- Process IV Way City Code (FWCC) Chapter 18, '=Environ- Decision and Preliminary Plat mental Policy' {SEPA); FWCC Chapter 19. Fe eral Way Files 407.142851-00-UP and "Planning and Development FWCG Chapter a0 10fi382-00 Sli 20, "Subdivisions": FWCC Chapter 21, "Surface Notice is hereby given that the City of Federal and Stormwateir 1Nanagement"; and FWCC Way Hearing Examiner will hold a public hear- Chapter 22. "Zoning." ing at 2.00 p.m. on April 16, 2008, in Federal Consistency with Applicable City Plans and Way City Council Chambers (33325 8th Av- Regulations: The project will be reviewed en.ue South, PO.Box 9718, Federal Way. WA for consistency with all applicable codes and 98063-9718) for the fallowing project, regulations including the FWCC: King County Name: Federal Way Village Master Plan Surface Water Design Manual as amended by - Process IV, Preliminary Flat, and Wetland The City of Federal Way; and fling County Road Buffer Intrusions Standards as amended by the City. Description: Proposed subdivision Any person may participate in the public hearing of the eastern hall of a 44-acre undeveloped by submitting written comments to the Nearing master planned, mixed use site into 95 zero- Examiner eilher bydelivering written comments lot line townhome residential lots. Witt) on -site to the Department of C¢mmuriity Development open space and recreation area and right -of- Services betore the heating. or by appearing at way improvements. Examiner will also review the hearing and presenting public testimony in proposed etiinination of regulated Wetlands 3 person, or through a representative. The Hear - and 4. with wetland replavement and mitiga- ing Examiner will issue a recommendation on tion and proposed wetland buffer averaging for the preliminary plat application within 10 work - Wetlands 1 and 2, ing days after the close of the hearing. Any Applicant: Federal Way Village LLC, person has the right to request a copy of the Aftry Dan Siles, PE. PD Box 73790. Puyallup Hearing Examiner's decision, once made. Only WA 98373 persons who submit written or oral comments Location: The southwest corner of South 336th to the Hearing Examiner may appeal the Hear - Street and Pacific Highway Sou[h, parcels ing Examiner's decision. The application is to 202104-9001. 202104-9004. 202104-90694 be reviewed under all applicable codes: regula- 262104-9070 and 202104-9072. Federal Way, The , and da lit lies ova able the City of Federal du rig WA Date Application Received; December 19, working hours in [he Department .of Commu- 2006 pity ❑evelopment Services •(33325 8th Avenue Date. Determined.ComAlete: May 30. 2007 South. PO Box 9718, Federal Way, WA 98063- Date of Notice of Application: June 2. 2007 9718). The staff report to the Hearing Examiner Date of Director's Decision on Master Pan: will be available for review one week before January 11, 208 the hearing. Questions regarding this propoSal Date of SEPA Oetermination: September 12, should h ll, be di t ctkd t 5 Senior Planner Janet 2007, Re -issued February 16, 2008 Existing Environmental Documents: Storm- FWM 1373 water Drainage Technical Inlormation Deport, hate of Publication: march 29.2008 44k CITY OF 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.cityoffederalway.com DECLARATION OF DISTRIBUTION I, hereby declare, under penalty of perjury of the laws of the State of Washington, that ❑ 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 ❑ FWCC Interpretation ❑ Other was gmailed ❑ faxed gp 2008. Project Name File Number(s) Signature ❑ Land Use Decision Letter 10 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 ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on Date d2 ACC K:\CD Administration Files\Declaration of Distribution.doc/Last printed 2/14/2008 5:03:00 PM CITY OF Federal Way NOTICE OF LAND USE PUBLIC HEARING Federal Way Village Master Plan — Process IV Decision and Preliminary Plat Federal Way Files #07-102851-00-UP and #06-106382-00-SU Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. on April 16, 2008, in Federal Way City Council Chambers (33325 8 h Avenue South, PO Box 9718, Federal Way, WA 98063-9718) for the following project. Name: Federal Way Village Master Plan — Process IV, Preliminary Plat, and Wetland Buffer Intrusions Description: Proposed subdivision of the eastern half of a 44-acre undeveloped master planned, mixed use site into 95 zero -lot line townhome residential lots, with on -site open space and recreation area and right-of-way improvements. Examiner will also review proposed elimination of regulated Wetlands 3 and 4, with wetland replacement and mitigation and proposed wetland buffer averaging for Wetlands I and 2. Applicant: Federal Way Village LLC, Attn: Dan Biles, PE, PO Box 73790, Puyallup WA 98373 Location: The southwest corner of South 336 h Street and Pacific Highway South, parcels 202104-9001, 202104-9004, 202104-9069, 202104-9070 and 202104-9072. Federal Way, WA Date Application Received: December 19, 2006 Date Determined Complete: May 30, 2007 Date of Notice of Application: June 2, 2007 Date of Director's Decision on Master Plan: January 11, 2008 Date of SEPA Determination: September 12, 2007, Re -Issued February 16, 2008 Existing Environmental Documents: Stormwater Drainage Technical Information Report, Wetland Report, and Traffic Impact Analysis Development Regulations to be Used for Project Mitigation, Known at This Time: Federal Way City Code (FWCC) Chapter 18, "Environmental Policy" (SEPA); FWCC Chapter 19, "Planning and Development"; FWCC Chapter 20, "Subdivisions"; FWCC Chapter 21, "Surface and Stormwater Management"; and FWCC Chapter 22, "Zoning." Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the FWCC; King County Surface Water Design Manual as amended by the City of Federal Way; and King County Road Standards as amended by the City. Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering written comments to the Department of Community Development Services before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will issue a recommendation on the preliminary plat application within 10 working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision, once made. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file is available for review during working hours in the Department of Community Development Services (33325 8a' Avenue South, PO Box 9718, Federal Way, WA 98063-9718). The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this proposal should be directed to Senior Planner Janet Shull, AICP, at 253-835-2644. Published in the Federal Way Mirror on March 29, 2008 File 907-102851-00-UP Doc. 1D. 44789 W ca w —Air, 0 ^' C W ui y � N a) > .2 2 cc J a.a .in a rl- I L I* O O EPA DEPT OF ECOLOGY WSDOT ENVIRONMENTAL REVIEW SEC ENVIRONMENTAL REVIEW SEC ENVIRONMENTAL AFFAIRS 1200 6T" AVE MD-126 PO BOX 47703 REGULATORY COMPLIANCE SEATTLE WA 98101 OLYMPIA WA 98504-7703 PO BOX 47331 OLYMPIA WA 98504-7331 US ARMY CORPS/ENGINEERS ATTN REGULATORY BRANCH PO BOX 3755 SEATTLE WA 98124 RAMON PAZOOKI SNO-KING PLANNING MGR WSDOT SOUTH KING COUNTY PO BOX 330310 SEATTLE WA 98133-9710 TIM PAYNE PIERCE COUNTY TRANSIT PO BOX 99070 LAKEWOOD WA 98499 US FISH & WILDLIFE SERVCE 510 DESMOND DR SE #102 LACEY WA 98503 GARY KRIEDT KING COUNTY TRANSIT DIV ENV PLANNING MS KSC-TR-0431 201 S JACKSON ST SEATTLE WA 98104-3856 KING CO ROADS DIVISION COUNTY ROADS ENGINEER 155 MONROE AVE NE RENTON WA 98056 SOUTH KING FIRE & RESCUE 31617 1 ST AVE S FEDERAL WAY WA 98003 MUCKLESHOOT INDIAN TRIBE FISHERIES DIVISION ATTN ENVIRONMENTAL REVIEWER 39015 172ND AVE SE AUBURN WA 98002 OFFICE OF ARCHAEOLOGY & HISTORIC PRESERVATION PO BOX 48343 OLYMPIA WA 98504-8343 JAMEY TAYLOR DNR SEPA CENTER PO BOX 47015 OLYMPIA WA 98504-7015 TRAVIS NELSON WDFW PO BOX 73249 PUYALLUP WA 98373 PSRC GROWTH MANAGEMENT DEPT 1011 WESTERN AVE #500 SEATTLE WA 98104-1040 PERRY WEINBERG SOUND TRANSIT 401 S JACKSON ST SEATTLE WA 98104-2826 GERI WALKER FWPS 31405 18T" AVE S FEDERAL WAY WA 98003 FW CHAMBER OF COMMERCE PO BOX 3440 FEDERAL WAY WA 98063 LAURA MURPHY TRIBAL ARCHAEOLOGIST MUCKLESHOOT INDIAN TRIBE 39015 172ND AVE SE AUBURN WA 98092 WA STATE DEPT WILDLIFE 600 CAPITOL WAY N OLYMPIA WA 98501-1091 WA NATURAL HERITAGE DNR PO BOX 47014 OLYMPIA WA 98504-7014 LARRY FISHER WDFW 1775 12T" AVE NW STE 201 ISSAQUAH WA 98027 ATTN SEPA REVIEW PUGET SOUND CLEAN AIR AGENCY 1904 3RD AVE STE 105 SEATTLE WA 98101-3317 LEE DORIGAN PUBLIC HEALTH SEATTLE/KING 401 FIFTH AVE STE 1100 SEATTLE WA 98104 LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 FEDERAL WAY DISPOSAL PO BOX 1877 AUBURN WA 98071 LINDA HAYES PUYALLUP TRIBE OF INDIANS 3009 E PORTLAND AVE TACOMA WA 98404 PAT PROUSE MARY AUSBURN SAM PACE QWEST PSE SEA/KING CO ASSOC/REALTORS 1600 7T" AVE RM 1206 6905 S 228T" ST SKC-SVC 29839 154T" AVE SE SEATTLE WA 98121 KENT WA 98032 KENT WA 98042-4557 MASTER BUILDERS ASSOC WASH ENVIRON COUNCIL CHRIS CARREL 335 116T" AVE SE 615 2ND AVE STE 380 FRIENDS OF THE HYLEBOS BELLEVUE WA 98004-64 SEATTLE WA 98104-2245 PO BOX 24971 FEDERAL WAY WA 98093 FW COMMUNITY COUNCIL PO BOX 4274 FEDERAL WAY WA 98063 SEATTLE PI 101 ELLIOTT AVE W SEATTLE WA 98121 FEDERAL WAY MIRROR 1414 S 324T" STE B-210 FEDERAL WAY WA 98003 KING COUNTY ASSESSORS 500 4T" AVE RM 700 SEATTLE WA 98104 LISA PEMBERTON-BUTLER SEATTLE TIMES NORTH 1200 112T" AVE NE STE C145 BELLEVUE WA 98004-3748 SOUTH COUNTY JOURNAL PO BOX 130 KENT WA 98035-0130 COMCAST - SE PUGET SOUND AREA COMCAST CABLE STORE CONSTRUCTION/ENG MANAGER 1414 324T" S 4020 AUBURN WAY N FEDERAL WAY WA 98002 AUBURN WA 98002 LINDA SHAFFER PIERCE TRANSIT PO BOX 99070 LAKEWOOD WA 98499-0070 BARCLAY PLACE HOA 1034 SW 334T" FEDERAL WAY WA 98023 ATTN NEWSROOM TACOMA NEWS TRIBUNE 1950 S STATE ST TACOMA WA 98405 FEDERAL WAY NEWS 14006 1 ST AVE S STE B BURIEN WA 98168 JOHN KIM KOREA POST 28815 PACIFIC HWY S STE 4B FEDERAL WAY WA 98003 CHERYLPARAS PSE CMTY SERVICES DEPT 3130 S 38T" ST TACOMA WA 98409 BELLACARINO WOODS HOA 35204 6T" AVE SW FEDERAL WAY WA 98023 LORI KITTREDGE DAN BILES PE BROOKLAKE COMNTY CENTER METRO TRANSIT FEDERAL WAY VILLAGE LLC 726 S 356T" KSC-TR-0413 737 BOX 90 FEDERAL WAY WA 98023 201 S JACKSON ST PO O BOX P 90 98373 SEATTLE WA 98104-3856 It CITY OF 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.citvoffeder_alway.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ 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 ❑ FWCC 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 I e-mailed and/or ❑ posted to or at each of the attached addresses on AA�,7 2008. Project Name File Number(s) Signature Date 3/2 7 IZc', K:\CD Administration Files\Declaration of Distribution.doc/Last printed 2/14/2008 5:03:00 PM CITY OF Federal Way NOTICE OF LAND USE PUBLIC HEARING Federal Way Village Master Plan — Process IV Decision and Preliminary Plat Federal Way Files #07-102851-00-UP and #06-106382-00-SU Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. on April 16, 2008, in Federal Way City Council Chambers (33325 8`h Avenue South, PO Box 9718, Federal Way, WA 98063-9718) for the following project. Name: Federal Way Village Master Plan — Process IV, Preliminary Plat, and Wetland Buffer Intrusions Description: Proposed subdivision of the eastern half of a 44-acre undeveloped master planned, mixed use site into 95 zero -lot line townhome residential lots, with on -site open space and recreation area and right-of-way improvements. Examiner will also review proposed elimination of regulated Wetlands 3 and 4, with wetland replacement and mitigation and proposed wetland buffer averaging for Wetlands 1 and 2. Applicant: Federal Way Village LLC, Attn: Dan Biles, PE, PO Box 73790, Puyallup WA 98373 Location: The southwest corner of South 336`h Street and Pacific Highway South, parcels 202104-9001, 202104-9004, 202104-9069, 202104-9070 and 202104-9072. Federal Way, WA Date Application Received: December 19, 2006 Date Determined Complete: May 30, 2007 Date of Notice of Application: June 2, 2007 Date of Director's Decision on Master Plan: January 11, 2008 Date of SEPA Determination: September 12, 2007, Re -Issued February 16, 2008 Existing Environmental Documents: Stormwater Drainage Technical Information Report, Wetland Report, and Traffic Impact Analysis Development Regulations to be Used for Project Mitigation, Known at This Time: Federal Way City Code (FWCC) Chapter 18, `Environmental Policy" (SEPA); FWCC Chapter 19, "Planning and Development"; FWCC Chapter 20, "Subdivisions"; FWCC Chapter 21, "Surface and Stormwater Management"; and FWCC Chapter 22, "Zoning." Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the FWCC; King County Surface Water Design Manual as amended by the City of Federal Way; and King County Road Standards as amended by the City. Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering written comments to the Department of Community Development Services before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will issue a recommendation on the preliminary plat application within 10 working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision, once made. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file is available for review during working hours in the Department of Community Development Services (33325 80' Avenue South, PO Box 9718, Federal Way, WA 98063-9718). The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this proposal should be directed to Senior Planner Janet Shull, AICP, at 253-835-2644. Published in the Federal Way Mirror on March 29, 2008 File 907-102851-00-UP Doc. ID. 44789 Page 1 of 1 Tina Piety - Legal Notice From: Tina Piety To: admin@fedwaymirror.com; dgrigg@soundpublishing.com Date: 3/27/2008 10:28 AM Subject: Legal Notice Attachments: FW Village HE Notice.DOC Hello, Please publish the attached legal notice (FW Village HE Notice, 07-102851-00-UP) in Saturday's (3/29/2008) issue. Please furnish an affidavit of publication. Thank you, Tina file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\47EB76BDCHP... 3/27/2008 (3/27/20.08) Tina Piety -_Re: Legal Notice From: Teryl Heller <theller@fedwaymirror.com> To: "Tina Piety"<Tina.Piety@cityoffederalway.com> Date: 3/27/2008 10:40 AM Subject: Re: Legal Notice Attachments: FW Village HE Notice. DOC Hi Tina: Received. Will publish 3/29/08 as requested. Thanks. Teryl Heller Federal Way Mirror 1414 South 324th Street, Suite B210 Federal Way, WA 98003 (phone) 253-925-5565 (fax) 253-925-5750 On Mar 27, 2008, at 10:28 AM, Tina Piety wrote: 4k 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.ciivoffederalway.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ 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 ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter l 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 Amailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 2008. Project Name File Numbers) 7 Ci h I - G- 2 � J Signature Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 2/14/2008 5:03:00 PM 44cay Or 2.& Federal Way NOTICE OF LAND USE PUBLIC HEARING Federal Way Village Master Plan — Process IV Decision and Preliminary Plat Federal Way Files #07-102851-00-UP and #06-106382-00-SU Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at Z:00 p.m. on April 16, 2008, in Federal Way City Council Chambers (33325 8`h Avenue South, PO Box 9718, Federal Way, WA 98063-9718) for the following project. Name: Federal Way Village Master Plan — Process IV, Preliminary Plat, and Wetland Buffer Intrusions Description: Proposed subdivision of the eastern half of a 44-acre undeveloped master planned, mixed use site into 95 zero -lot line townhome residential lots, with on -site open space and recreation area and right-of-way improvements. Examiner will also review proposed elimination of regulated Wetlands 3 and 4, with wetland replacement and mitigation and proposed wetland buffer averaging for Wetlands 1 and 2. Applicant: Federal Way Village LLC, Attn: Dan Biles, PE, PO Box 73790, Puyallup WA 98373 Location: The southwest corner of South 336`h Street and Pacific Highway South, parcels 202104-9001, 202104-9004, 202104-9069, 202104-9070 and 202104-9072. Federal Way, WA Date Application Received: December 19, 2006 Date Determined Complete: May 30, 2007 Date of Notice of Application: June 2, 2007 Date of Director's Decision on Master Plan: January 11, 2008 Date ofSEPA Determination: September 12, 2007, Re -Issued February 16, 2008 Existing Environmental Documents: Stormwater Drainage Technical Information Report, Wetland Report, and Traffic Impact Analysis Development Regulations to be Used for Project Mitigation, Known at This Time: Federal Way City Code (FWCC) Chapter 18, `Environmental Policy" (SEPA); FWCC Chapter 19, "Planning and Development"; FWCC Chapter 20, "Subdivisions"; FWCC Chapter 21, "Surface and Stormwater Management"; and FWCC Chapter 22, "Zoning." Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the FWCC; King County Surface Water Design Manual as amended by the City of Federal Way; and King County Road Standards as amended by the City. Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering written comments to the Department of Community Development Services before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will issue a recommendation on the preliminary plat application within 10 working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision, once made. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file is available for review during working hours in the Department of Community Development Services (33325 8`I' Avenue South, PO Box 9718, Federal Way, WA 98063-9718). The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this proposal should be directed to Senior Planner Janet Shull, AICP, at 253-835-2644. Published in the Federal Way Mirror on March 29, 2008 File!l07-102851-00-UP Doe ID 44789 t O cc N o fa0 CD ui cu W v J a .in a uL IL o M d O d. 6 O 132180 0020 K R S HOLDINGS LLC - 34100 9th Ave S Federal Way WA 98003-6710 202104 9119 M ichac l A Patys6n 4604 SW 3.27th PI Federal Way WA 98023-1928 212104 9026 ✓ CHRISTIAN FAITH CENTER PO Box 98600 Seattle WA 98198-0600 212104 9050 CITY OF FEDERAL WAY 33530 [sty/lays Federal ay WA 98003-6200 202104 9002 CITY OF FEI�RAL WAY 33530E ay S Pcder7llVay WA 98003-6200 202104 9120 ✓ Michael A & Larry W Pattison 4604 SW 327th PI Federal Way WA 98023-1928 212104 9027 Employees Cu Weyerhaeuser PO Box 869 Longview WA 98632-7538 212104 9068 \/ CHRISTIAN FAITH CENTER PO Box 902 Kent WA 98035-0902 390380 0150 l' 390380 0160 SPECTRUM BUSINESS PK & SPECTRU INSTITUTE FOR FAMILY DEV 3620 100th St SW #A 34004 16th Ave S #200 Tacoma WA 98499-4429 Federal Way WA 98003-8951 797820 0060 926480 0110 Elinor Glee Draper Herb Simon PO Box 2156 33721 9th Ave S Tacoma WA 98401-2156 Federal Way WA 98003-6762 926480 0150 926501 0010 OMNI BUILDING LLC GRANVILLE COURT LLC 909 S 336th St #205 401 2nd Ave S #600 Federal Way WA 98003-7394 Seattle WA 98104-3803 9265010080 926501 0080 WASHINGTON TRUCKING WASHINGTO RUCKING ASSOCIATIO ASSOCIAT 930 S 336th St 930 S 33 St Federal Way WA 98003-6384 Fede ay WA 98003-6384 926503 0020 926503 0030 HOEFER HOLDINGS LLC PARKWAY WPDKS PARTNERSHIP 16503 Railroad Way 1500 S 336th St Snohomish WA 98296-8177 Federal Way WA 98003-6387 926503 0040 926503 0050 T L C ENTERPRISES HASSEN PROPERTIES INC 714 Rose St 3727 S 194th St Fircrest WA 98466-7232 Seattle WA 98188-5360 202104'9051 PROGRESSIVE CASUALTY INS CO 5920 Landerbrook Dr #BLDG-30H-L Mayfield Heights OH 44124-6506 212104 9025 OH INVESTMENTS LLC ✓ 29326 8th Ave S Federal Way WA 98003-3736 212104 9037 Employees C eyerhaeuscr PO Box 86 Longvi WA 98632-7538 212104 9069 CHRISTIA AITH CENTER PO Box 9 00 Seattle A 98198-0600 797820 0050 t� COLUMBIA STATE BANK PO Box 2156 Tacoma WA 98401-2156 926480 0120 Frito-Lay 3131 S Vaughn Way #301 Aurora CO 80014-3509 926501 0010 GRANVILL OURT LLC 401 2nd A S #600 Seattle A 98104-3803 926503 0010 ✓ Du S & Ann Y Jung 33501 Pacific Hwy S Federal Way WA 98003-6809 926503 0035 ✓ KC PROPCO. LLC 33504 13th PIS Federal Way WA 98003-6358 926503 0053 SCHULTZ MURPHY PROPERTIES - 95 S Tobin St #201 Renton WA 98057-5324 ,F"v-r_�Ww . M1 � 2021049001 ►� 926503 0055 'o SOUTH KING MULTI -SERVICE CENTE Jean M. Merlino 1200 S 336`h St 11738 4" NW Federal Way WA 98003-6347 Seattle WA 98177 9264800140 _✓ Herb Simon and Theodore Johnson 1019 Pacific Ave., Suite 119 Tacoma, WA 98402 2021049086 / Horan R/E Investments, Inc. 33903 Pacific Hwy S Federal Way, WA 98003 2021049069 ✓ Kitts Corner Partners, LLC 1026 Bellevue Way SE Bellevue, WA 98004 2121094050 TFM Te e Associate P.O.B 3121 Feder I Way, WA 98003 2021049080 Ralph Jones P.O. Box 9785 Corpus Christi, TX 78469 2021049051 ✓ Progressive Casualty Ins. Attn: RE Notifications P.O. Box 89429 Cleveland, OH 44101 2021049024 T. F. McElroy Temple Assoc.✓ P.O. Box 3121 Federal Way, WA 98003 2021D49072 Chase W. J. Trust ATTN: MacLeod J. H. Trust 336 Shore Drive - Camano Island, WA 98298 2021049004 Wayne B. Knight 3715 165"' Ave KPN Lakebay, WA 98349 2021049090 Curtis & Elizabeth Nelson 627 E Francis Ave Spokane, WA 99270 2021049070 ✓ Campus Gateway Associates Attn: Leonard Schardt CPA 1026 Bellevue Way SE Bellevue WA 98004 2021049001 2021049002 2021049004 James E Merlino , City of Federal Way Wayne B & Dagmar Q Knight 11728 0 Ave NW PO Box 9718 3715 1651hAve Kp N Seattle WA 98177-4517 Federal Way WA 98003-6200 Lakebay WA 98349-8527 2021049051 Progressive Casualty Ins Co. Attn: RE Notifications PO Box 89429 Cleveland OH 44101 2021049028 E Curtis Nelson 627 E Francis e Spokane 99208-3624 2021049119 Michael Pattison 4604 SW 327t'' PI, Federal Way WA 9802 2121049025 OH Investments LLC 29326 8m Ave S Federal Way WA 98003- 2121049068 Christian Faith Center PO Box 902 Kent WA 98035-0902 2021049058 King County Library System 960 Newport Way NW Issaquah WA 98027-2702 2021049120 Michael A & Larry W Pattison 4604 SW 327th PI Federal Way WA 98023-1928 C'U5� 6 r''Ze.f 3903800160 Institute for Family Development 34004 16th Ave S #200 Federal Way WA 98003-8951 9264800110 Campus Business Parks LLC 14100 SE 30" St. #200 Bellevue WA 98006-1657 9265010010 Granville Court LLC 401 2"d Ave S #600 Seattle WA 98104-3803 7978200050 Columbia State Bank 1 PO Box 2156 Tacoma WA 98401-2156 9264800120 Frito-Lay ✓ 3131 S Vaughn Way #301 Aurora CO 80014-3509 2021049090 E Curtis & Elizabeth A Nelson 627 E Francis Ave Spokane WA 99208-3624 2021049182 Federal Way Public Schools 31405 181h Ave S Federal Way WA 98003-5433 2121059068 Joseph E & Linda A Heutmaker 3238 S 270th St ?1 Kent WA 98032-7032 2121049069 on Christian Faith Center PO Box 98600 Seattle WA 98198-0600 3903800150 Spectrum Business Park 3620 100th St SW #A 10 Tacoma WA 98499-4429 9265010080 / Washington Trucking Association 930 S 336" St Federal Way WA 98003-6384 7978200060 Elinor Glee Draper i PO Box 2156 Tacoma WA 98401-2156 9264800150 Omni Building LLC 909 S 336th St. #205 Federal Way WA 98003-7394 9265030010 Du S & Ann Y Jung 33501 Pacific Hwy S Federal Way WA 98003-6809 9265030020 2121049027 9265030030 Hoefer Holdings LLC Employees CU Weyerhaeuser Parkway WPDKS Partnership 16503 Railroad Way PO Box 869 1500 S 3361h St `' Snohomish WA 98296-8177 Longview WA 98632-7538 Federal Way, WA 98033-6387 9265030035 9265030040 "9265030050 KC Prop Co. LLC T L C Enterprises Hassen Properties, Inc. 33504 131h PI S 714 Rose St 3727 S 194"' St Federal Way WA 98003-6358 Fircrest WA 98466-7232 Seattle WA 98188-5360 9265030055 South King Multi -Svc Center 1200 S 336"' St Federal Way WA 98003-6347 2021049004 Wayne Knight 3715 165th Ave KPN Lakebay WA 98349 9265030053 Schultz Murphy Properties 95 S Tobin St #201 Renton WA 98057-5324 9264800140 Herb Simon and Theodore Johnson 1019 Pacific Ave., Suite 119 Tacoma WA 98402 2021049001 Jean Merlino 11758 4th NW Seattle WA 98177 2021049080 Ralph Jones , PO Box 9785 Corpus Christi TX 78469 2021049086 2021049069 2121049070 Horan R/E Investments Kitts Corner Partners LLC Campus Gateway Associates 33903 Pacific Hwy S 1026 Bellevue Way SE Attn: Leonard Schardt CPA Federal Way WA 98003- Bellevue WA 98004 1026 Bellevue Way SE Belelvue WA 98004 King County 300' Radius 0060 �I 1 z 90�7 0025 xf :00T6 d 0030 a — w cn ui OW J ym _ _ F- 9172 ODD 00T5 [ _ r Y }. 102 G 0100 z 1 55 SE .R,.— 0103 III S 35T5 0096 Oi00 �I 0106 3H T � ti 02W A" 0190 r 0205 0270 'i ` 0210 0190 �,97 70 0220 I L0160 0725 3 07 3 1ST 4U53`�7 f 9137 4123 _ gull (e) 2DW King C—y - f 9U63 W39 Legend The Buffer I A- 10 Agr at-. c reW w 10acres ■ CS CmnnMry&S. Buffered Selection A 35 Agera!1,,r*. a e DU Par 35 acres ® R3 - Regcrid r4 rr s l- County Boundary i - Fa-c: ■ p� x Mountain Peaks Al M read I bra Streets RA 25 Rra' Aran, me Oil per 5 area ■ Qp� • Noaf rsRA 5 - Ra Arm, cre DU ps ales a Incorporated Incorporated Area - Arrarafs � RA• 10 • R.etzi A"=. ate DU as 10 ares r1 R • urvm Reser e, we DU per 5 acres f Forest Production District Boundary R 1 - RessderRa me ix.l per acre Agricuttural Production tiislnzl Boundary R 4 Resdw"i 40u pee awe t.irtlan Growth Area Late R4, Rewdmta, P.Oil per acre ElLakes and Large (bvers R,A • Resd=7w, a DU per acre f f Streams R•12 R—J--,12OUowacre R• 18 • Rrydesrral, 18 04.1 pes acre Tribal Lands R124 Res.dwria, 26 f71J pis acre Parcels ® R,48 Readerk�*, 48 GU pis aae Zoning Nf3 Ne�isragcd £3�res 4-1 'he information included on this map has been compiled by King Counly staff from a variety of sources and is subject to change wilhout notir_e- King Counly nakes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County .hall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from ne use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King :ounty. )ate:8-24-20106 Source: Kino County NAP-Prooerty Information f11ttoJlwww.metrokr-aovlGlSIiMAPt J• m z, o c 22 `p S� a� 4ti •a 1 . • • . L= 248 STALI. _ C7 --10 L3 - 334 STALLS GROUND FLOOR FIRST FLOOR SECOND & THIRD FLOOR EXHRBIT PAGE--LOFL .. rTFm SECOND FLOOR fi'I FIRST FLOOR FIRSTFLOOR SECOND FLOOR THIRD FLOOR PROJECT DATA RESIDENTIAL j OFFICE RETAIL PARKING LABEL pIJILDR.e. FOOTPRMT BUILDRJG AREA BU ILD MG USE PARKING REQUIRED NO OF I FLOORS NO_ OF WITS GOITRU •ISCTION TT TPE A 1JS00 SF 22J300 OF RESDENTIAL L'I/ UNIT- 26 IST-31;tD IS TYPE III-B B B0000 SF 80000 SF RETAIL ANCHOR 1/ 3" 8F- 267 IST TTPE 111-8 C 10.00•Z SF 10000 SF RETAIL I/ 300 SF- 33 IST TYPE V-B D 12000 OF 12,800 SF PARK) -Svcs GROIAID TTPM III-B 129WO SF OFFICE I/ 300 SF- 40 IST Tyre fir-B 24,000 SF RESIDEN ITIAL L'T/ LINIT- 34 2ND/3R0 20 TYPE III-B E 12A S" 5F 12000 SF PARKING C4ROUN0 TT'PE 111-8 1Pm00 SP OFFICE V 300 SF. 20 1ST TYPe III-B 6000 SF RETAIL 1/ 300 SF- 20 IST TTPE 111-15 24000 SF RESIDENTIAL Of UNIT- 34 2ND/3RD 20 TYPE III-B F 1000 SF 3~ SF RESTAURANT I/ Iwo SF- 30 19kT TYPE V-B 4000 OF RETAIL I/ 300 SF- 13 IST TYPE V-9 1000 OF OFFICE/ RETAIL V 300 SF. 23 2ND TYPE V-B G 4,500 OF 4---" SF RETAIL V 300 SF- 0 IST TYPE V-0 4-100 OF OFFICE/ RETAIL I/ 300 SF. 15 2ND TTPE V-15 } H 30A00 SF 3po0 SF RETAIL I/ 300 OF. 10 IST TYT'8 111-15 3,400 SF REBTAURAI4T 1/ 100 SF- 34 1ST TYPQ III-B 23*00 SF PARKING IST TYPE 111-15 30000 OF PARKiNC. 2140 TYPE 111-15 30000 SF CFFFICE I/ 300 SF- Imo 3RD TYPE 111-15 U 4,200 SF 4.200 SP RETAIL I/ 300 SF- 14 IST TYPE V-15 K 1J50 SF 1J50 OF RETAIL V 300 SF- 24 IST TYPE V-S L 5Jm0 OF 5J00 SF RESTAURANT V I" SF. 51 IST TYPE V-15 m 6J00 SP &Joo SF RESTAURANT V I" SF- 61 IST TYPE V-15 N 60AD00 SF 60AWO SF PARKING GR•OIAID TYPE II1-m 600@O SF RETAIL V 300 SF-200 IST TYPE I11- TarAL 326~ OF i I,064 Ss, (LEAJ J TOTAL 139200 SF CPARKIW J PARKJW. PROVIDED, 1,146 STALLS VYL 12Ia_ I ----- - S �h1 r l.c �7d J l� r ✓! l� . Page 1 of 4 Janet Shull - Fwd: Federal Way Village From: Greg Fewins To: Janet Shull Date: 12/12/2007 11:10 AM Subject: Fwd: Federal Way Village Attachments: Pages 1-5 from Preliminary Plat Map.pdf; FWV road modifications.pdf; Federal%20Way% 20Village%20MDNS.pdf JS- would you please take a look at this and let's get together ASAP. I would like your input on what may have been agreed to and don't have time right now to got through the details. Thanks Greg >>> "Kurt Wilson" <kurt@soundbuilthomes.com> 12/12/2007 9:55 AM >>> Cary: Thank for taking the time to meet last night to discuss the project and the final issues that need resolution in order to get to a public hearing. I would like to summarize our discussion and contemplated action items so that we can try to keep things moving forward as expeditiously as possible. - Dedicate 7ft of ROW along 336th from the west property line to 13th. (this can be written as a condition of approval and required to be dimensioned on the engineering plans) - Dedicate 7ft ROW and set aside land for future additional ROW on 336th from 13th to Hwy 99 as to allow for a future NB turn lane. This requires that building placement not be located as to require future condemnation in when the additional ROW is needed. (one solution alleviate this issue is to leave things where they are, and to put 5ft of the 10ft landscape buffer into a Tract to be dedicated to the City for future ROW use, but maintained by our development until such time as the Tract is improved. When improved, there would still be a 5ft landscape buffer strip remaining. This provides a benefit to the City and taxpayers as to not have to buy the ROW in the future. - Consider taking the attached site plan to hearing which shows the 94 lots and the reduced road sections that were previously requested. . - Work on a development agreement that addresse the r zone condition and current condition #2 in the SEPA determination as to provide flexibility in acco shing the requirement previously placed on the property prior to having a formal development plan and understanding the implications of such timing related requirements. ake condition #2 consistent with - Consider amending SEPA ASAP (via an R-MDNS or AddendumiEo the intent of the Rezone condition a made with Phase 1 of the `1 commercial or prior to issuance of building permit for lots south of those accessed by Tract J. (41 lots) Consider deleting condition #4 as there is no nexus to this requirement and its benefit is really only to the future development which may occur north of 336th on 13th. Consider revising condition #6 as to require this improvement with- the 3rd phase of commercial,deuelap, ent.. •� Allow for the construction of the public road through the commercial portion of the site to be built in r p eases proportional to the phases being built. - Allow a condition of approval which requires 340th ROW dedication or an agreement with the 340th improvements to O on any neighboring property to the south to allow for construction of prior building in Phase 1 of the commercial consistent with the intent of SEPA condition #5 I would like to make sure that we are all on the same page moving forward with respect to using conditions of approval to satisfy the contemplated changes above so that additional time and money is not wasted, knowing that these are all preliminary drawings of which will be refined and submitted for final review at site plan approval for each commercial building and engineering plan submittal for the plat. If ROW dimensions for illustration file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\475FC1B9CH... 12/12/2007 Page 2 of 4 purposes need to be made, we can do that with a mylar pen and stamp the plan as approved to use with the p- plat hearing proceeding. Once we are able to nail down specifics on our agreement, how long will it take to get a draft development agreement together? Can we take that and the plat to the HE Examiner with a proposed conditional approval that allows the council to act on the DE Agreement at the same time as the plat and does not put the HE examiner in a position having hearing something he can not approve? Thanks for your attention to this matter and I look forward to moving this project forward. Please let me know you thoughts on timing and how fast we may be able to act as to get the issues addressed and a public hearing scheduled for the plat. Respectfully, Kurt Wilson PO Box 73790 Puyallup, WA 98373 253-539-8116 office 253-377-7147 cell 253-535-0977 fax From: Dan Biles Sent: Wednesday, December 12, 2007 8:27 AM To: Kurt Wilson Subject: FW: Residential Roadway Modification approval Dan Biles, P.E. SBI Developing PO Box 73790 Puyallup, WA 98373 253-848-0820 office 253-250-2320 cell 253-200-2122 fax Confidentiality Notice: This email message, its content including images and attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution, in part or in full, is prohibited. If you are not the intended recipient then please immediately and permanently delete/destroy all copies and versions of this email. Contact SBI Developing LLC. at 253-848-0820 if you have any questions. From: Dan Biles Sent: Thursday, September 13, 2007 11:38 AM To: Ken Miller; 'Rick Perez' Cc: Kurt Wilson Subject: FW: Residential Roadway Modification approval Ken/Rick, Here is a quick analysis of the on -street parking at FWV. Each lot has a requirement to have 2 parking spaces (one in the garage) and that is accounted for in the plat design. The section of Roadway A that the city wanted to change from Section 2 to Section 1 had about 600 ft of uninterrupted parking on one side, or about 30 stalls at 20 feet in length (there is little more than one space per unit if you only count the area immediately in front of the lots). Continuing down where we had expanded Roadway A to Section 1, there is another —200 ft of uninterrupted parking on both sides of the road, or another file:HC:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\475FC1B9CH... 12/12/2007 Page 3 of 4 20 spaces. There are 30 lots that would utilize the parking in this area, so the 50 spaces are more than enough to meet their needs. For Roadway C, the city wanted that changed from a Section 4 (no parking) to a Section 1 (parking on both sides). There is —160 ft or so of available parking along this section, or 16 spaces if Section 1 is built. i would suggest using Section 2 through here and that would build 8 spaces. There are 11 units (two are corners with Roadway A) all of which have 2 parking stalls on the lots, so I would think that another 8 would meet the need for visitor parking here. After looking at this, it appears as though there is significantly more parking within this section of the plat than is actually needed and I would even suggest that using Section 2 for Roadway A south from its intersection with Roadway D would provide an adequate amount of off -site parking for guest. Thanks for your consideration. Dan Biles, P.E. SBI Developing PO Box 73790 Puyallup, WA 98373 253-848-0820 office 253-250-2320 cell 253-200-2122 fax Confidentiality Notice: This email message, its content including images and attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution, in part or in full, is prohibited. If you are not the intended recipient then please immediately and permanently delete/destroy all copies and versions of this email. Contact SBI Developing LLC. at 253-848-0820 if you have any questions. From: Kurt Wilson [mailto:kurt@soundbuilthomes.com] Sent: Wednesday, September 12, 2007 9:07 AM To: Eric LaBrie; Fred Brown; Dan Biles Cc: JPotter936@aol.com Subject: RE: Residential Roadway Modification approval I talked with Ken Miller and Rick Perez today. They were open to discussing the idea of going back to the original road sections if we had good justification. I think we need to show how many cars can park on the street with the original road sections we proposed in order to show that there is adequate parking. Can some look at this so we can meet with them ASAP? Kurt Wilson PO Box 73790 Puyallup, WA 98373 253-539-8116 office 253-377-7147 cell 253-535-0977 fax From: Eric Pennala[mailto:eric.pen nala@esmcivil.com] Sent: Thursday, August 30, 2007 2:56 PM To: Dan Biles; Kurt Wilson Cc: Eric LaBrie; Fred Brown Subject: Residential Roadway Modification approval Dan and Kurt, Attached is your roadway modification approval from Ken Miller. The City approval increased the ROW file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\475FC1B9CH... 12/12/2007 Page 4 of 4 width of road sections 1 in the south west potion of the site from 48' to 60'. The requirement for an additional 12' of ROW results in the loss of the zero lot line duplex lots in the center of the project. Call if you have any questions. Thanks, ERIC PENNALA, AICP ESM CONSULTING ENGINEERS, LLC I Project Planner www.esmcivii.com eric.pennala@esmcivii.com I Federal Way I Bothell I Cle Elum 33915 1st Way S, Ste 200 Federal Way, WA 98003 Tel: 253.838.6113 Fax: 253.838.7104 Civil Engineering I Surveying I Land Planning I Landscape Architecture GIS file://CADocuments and Settings\default\Local Settings\Temp\XPgrpwise\475FC1B9CH... 12/12/2007 AVPA I Ums U— NVId 13)4 — SWIMS 133WS 3SV-1-11A .AVAA -IVY :13©D� ❑� imenS3U p r wc� I n awsa M role vM A4NAM- Onn '3OV-1-11n AVM -IdU3a33 ice; $! 0Iw �a.``"A'", 916tt d I �133ais i�l Hinos ---- - ---- G a6ed — - ;pd-suoilengi ua pea lllll�^_1INS-1aue� Lon lZ6/Z4). Page 1 of 3 Janet Shull - RE: 340th St and 336th improvements From: Ann Dower To: Dan Biles Date: 12/7/2007 4:59 PM Subject: RE: 340th St and 336th improvements CC: Cary Roe; Ken Miller; Rick Perez; Sarady Long; William Appleton Dan, A number of issues have been raised both via email and in the meeting on November 30 between the city and Kurt Wilson. We are working on all of them, but will not have an answer until Cary Roe and Kurt are able to meet again. Cary will be setting this up very shortly, and I will send you an update as soon as possible. We have discussed your question regarding S 340th St Improvements and reached the following conclusion: Both Federal Way Village and Progressive must either reach written agreement regarding the construction of 340th Street, or each project must be designed to stand alone with respect to providing a functional street and connection to Pacific Highway South. 1. The Zoning Approval for Federal Way Village requires that S 340th Street be constructed. South 340th Street shall be constructed to meet the City's Cross Section R standard, which consists of 40' of pavement, 4' planter strips, six-foot sidewalks, and 3' utility strips all within a 66' right-of-way. 2. If the above mentioned parties are unable to reach an agreement that would result in the roadway being constructed equally on each property, then the first development in will be required to construct a 3/4 street section on their property, which will allow the improvement to function adequately until the balance of the roadway is built. A 3/a street improvement would consists of at least 24' of pavement, one 4' planter strip, one 6' sidewalk, and one 3' utility strip. 3. The Federal Way Village plans submitted do not show a definite right-of-way dimension along the south side of the property, however it scales out to be approximately 20 feet. If the developer wishes to progress to preliminary plat approval or to land use approval for the commercial portion, the plat map must show a minimum of 33' of right-of-way dedication on all portions of S 340th Street along the southern property line. In addition, please note the following: 1. It is the responsibility of the developer to acquire any construction or grading easements on the neighboring property to accommodate road construction. These must be agreed to prior to public hearing and finalized prior to construction of the road. 2. Only minor grading situations can be accommodated through an easement. The actual road improvements must be within dedicated right-of-way or property intended to be dedicated upon completion of the project. If you have questions, please contact me. Ann Dower file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\475CFBA7CH... 12/10/2007 Page 2 of 3 ann.dower@cityoffederalway.com 253-835-2732 33325 8th Ave S PO Box 9718 Federal Way, WA 98063-9718 >>> "Dan Biles" <danb@soundbuilthomes.com> 12/3/2007 2:20 PM >>> Ann, I have been digging into this additional ROW dedication along 336th as requested in your email last week. "Regarding 336th, both the site plan and preliminary plat show 52' of right of way east of "Road A". King County Records shows that 52' is the existing right-of-way width. Sarady's and my previous comments required a 12' r.o.w. dedication in this area. Sarady verified today that there needs to be another turn lane, therefore there needs to be a 12' dedication in addition to the existing 52, for a total width from center line of 64'." Currently, the preliminary plat indicates a ROW dedication of 7 feet from the existing 42 ft to 49 feet to match the City's Section E detail as required in the attached memos (I also have comments within these documents). We do not have a problem with this dedication. However, the text included in your earlier email reads as if we need to dedicate out to 64 ft east beginning at our "A" road intersection. That doesn't match the requirements outlined in the attached documents. Can you please clarify; is what we are showing okay west of the 13th Street intersection? Where we do have a concern is the requirement to dedicate an additional 12 feet from the 13th Street intersection to SR 99. Currently, there is 52 ft of ROW along our frontage from the 13th Street intersection to SR 99. This is in excess of the Section E required in the attached memos. In addition, while one of the comments contained in the Site Plan review memo mentions a CFP that contains a second left turn lane, I can't find that project in the TIP. Furthermore, the approved TIA for this project indicates that this intersection (as currently configured) operates at a LOS of "D" in 2020 with this project fully built out. So I don't see where the need for a second left turn lane comes from. Now, there is room on the site plan to add some additional ROW along this stretch without impact any of the building envelopes or parking layouts, but I don't think an additional 12 feet is needed to design/construct the channellization required along this frontage. I would suggest a condition of approval that will require the dedication needed to ensure proper channellization from the 13th St intersection to the intersection at SR 99 and that this will be worked out during the detailed design of the commercial frontage improvements. Regarding 340th: I don't understand why we can't go to a PH with a condition of approval that reads "2. Prior to final plat approval, or building permit issuance, whichever occurs first, for the residential portion of the site, the applicant shall construct/modify the existing traffic signal at SR 99 116th Avenue South to accommodate the new west leg of South 340th Street for safe access into the site. The signal shall be constructed to all applicable standards and shall be reviewed and approved by the City and Washington State Department of Transportation (WSDOT). This condition is deems complete if constructed by the commercial phase of the development." and -a Prior to the issuance of a CO for the first commercial building on site, the applicant shall construct/modify the existing traffic signal at SR 99/16th Avenue South to accommodate the new west leg of South 340th Street for safe access into the site. The signal shall be constructed to all applicable standards and shall be reviewed and approved by the City and WSDOT. This condition is deemed complete if constructed by the residential phase of the development." Both of these conditions are from the SEPA conditions of approval as outlined in the memo you sent me on Friday. Again, 1 don't see any reason for the city to need to require us to have an agreement between us and our neighbor in place for this to get built. The requirement is on both us and them to construct this prior to getting either CO or final plat. And while we are discussing a cost sharing arrangement with them, there is no need to hold up the hearing based on this. Thanks, Dan Biles, P.E. SBI Developing PO Box 73790 Puyallup, WA 98373 253-848-0820 office file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\475CFBA7CH... 12/10/2007 I-) Page 3 of 3 253-250-2320 cell 253-200-2122 fax confidentiality Notice: This email message, its content including images and attachments, is for the sole use of the intended recipient ( s ) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution, in part or in full, is prohibited. If you are not the intended recipient then please immediately and permanently delete/destroy all copies and versions of this email. Contact SBI Developing LLC. at 253-848- 0820 if you have any questions. From: Ann Dower[mailto:Ann.Dower@cityoffederalway.com] Sent: Friday, November 30, 2007 9:08 AM To: Dan Biles Cc: Janet Shull; William Appleton Subject: 340th St improvements Dan, In response to your email regarding 340th improvements: "We are working on an agreement with the neighboring property owner regarding the ROW dedication and cost sharing of the 340th improvements. Is this something you need now? I would think that since all of the individual sites must go through an administrative site plan approval, this could be addressed at that time. " The actual agreement, or a letter ofintent from the neighbor, is something I need prior to preliminary plat approval, to show the hearing examiner that the road can be built as proposed and there is no obstruction to the second access. I think, between this and the email re: 336th improvements, I've covered your questions. If not, please contact me. Ann Dower ann.dower@cityoffederalway.com 253-835-2732 33325 8th Ave S PO Box 9718 Federal Way, WA 98063-9718 file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\475CFBA7CH... 12/10/2007 Janet Shull - Re: Federal 11Vay Village proposed townhome and mixed use❑development at 5 336th an From: "Geri -Walker -ESC" <gwalker@fwps.org> To: "Janet Shull" <Janet.Shull@cityoffederalway.com> CC: "Jo -Boyer -TRANS" <jboyer@fwps.org> Date: 10/29/2007 9:57 AM Subject: Re: Federal Way Village proposed townhome and mixed use development at S 336th an Hi Janet, Thanks for the information on the previous name of this development. As I mentioned, we commented in November 2004 under the Kitts Corner name. I've faxed that correspondence to you. The school service areas for this development are Panther Lake Elementary, Illahee Middle School and Todd Beamer High School. Panther Lake is within the one mile radius and students would be expected to walk to school from this development. It appears that Road A exits to S 336th at about 19th Ave S. I believe there are sidewalks along the entire route to Panther Lake Elementary at 34424 1 st Ave S. There are currently no middle school or high school bus stops in the immediate area of this development. There are a couple of options I discussed with Jo Boyer, Dispatch Supervisor/ Basic Ed Router, in our Transportation Department. There is currently a metro bus stop just south of S 336th on Pacific Hwy S. This could be used as a school bus stop for middle school and high school students. Another possibility is to incorporate a bus pullout at Road A and S 336th street. This would allow the bus to exit the lanes of travel for eastbound traffic on S 336th Street to pick up the students. The last option we talked about would be to have the bus enter the development at Road A and exit to Pacific Hwy S when that connection is complete from Road C. The current student yield for single family dwellings is .7060 and for multi -family is .2546 per unit. If we apply the .7060 to the 92 townhomes and the .2546 to the 55 condo units, we could expect 79 or 80 new students from this development. These are averages only. Please let me know if you need additional information from me on this development. Sincerely, Geri Walker "Janet Shull" <Janet.Shull@cityoffederalway.com> writes: >Hello Geri, >1 mailed you a site planin May for the above -referenced project. The project is a 46-acre mixed use project that contains 92 townhome units in a subdivision and 55 condos located above retail space in a commercial mixed use development. >1 think I am approximately 30 days from issuing a preliminary plat decision on the project, but realized in going back through the files that I had not received any school district comment. I want to make sure I have School district input on this. j {1012S12D�y Janet Shril[ -Fie: _I=ede�al Way Village proposed town nomeancmixed useoat535an ? >1 am happy to send you another copy of the site plan, since it has been so long. I am wondering if you ever received it. >Please let me know if I should send another copy of the site plan. >Thank you, >Janet Shull >253-835-2644 FWPS BUSINESS SVC Fax 12539410442 Oct 29 2007 09:57am P001/00, 31405 18'' AV S Federal Way WA 98003 (253) 945-2071 VOICE (253) 941-0442 FAX 1-Met From: Geri Walker F�rj �f f Pages: (Including Cover Sheet) Phone: Date: /O '� ,(f 7 Re; CC: Q Urgent C1F0r Review i] Please Comment CI Please Reply O Please Recycle All;kCITY OF Federal Way October 1, 2007 Mr. Dan Biles, P.E. SBl Developing PO Box 73790 Puyallup, WA 98373 RE: Permit No. 06-104927-00-S f; Federal Way Village 33701 Pacific Hwy S Street Modification Request Dear Mr. Biles: CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. ci tyo ffederal wa y. c om This letter responds to your request to modify the street cross sections within the proposed Federal Way Village Development from the approved modification request dated August 28, 2007. Specifically, you are requesting that the portions of Roadway A (south of the intersection with Roadway D) and Roadway C, that are required to be constructed using roadway Cross Section 1 (60' of ROW containing: 36' of pavement, 4' planter, 5' sidewalk and 3' utility strip on each side), be modified to Roadway Cross Section 2 (54' of ROW containing: 30' of pavement, 4' planter, 5' sidewalk and 3' utility strip on each side). Although the proposed development appears to meet Community Development guidelines regarding the number of parking spaces required for each dwelling, additional parking to accommodate guests and overflow parking from the community is needed. While roadway Cross Section 2 does provide additional parking on one side of the street, given the density of the proposed development, we do not believe it will be adequate. Therefore, your request to deviate from the approved modification request dated August 28, 2007, is denied. Please contact William Appleton, Development Services Manager, at (253) 835-2730 if you have any additional questions or concerns about this matter_ Sincerely, Ken Miller, P.E. Deputy Public Works Director KM/WA:cc cc_ William Appleton, P.E., Development Services Manager Ann Dower, Engineering Plans Reviewer Day File [, ' CSDC ROCS` SA V F,2641130 5096. DOC 100 Ruby St. 5E, Suite B • • Tum ater, VVA 95501 Phone (3&0) 943-1470 ' =ax (380) 943-1471 N. Juiy 12, 2007 � Mr. Dan Biles, PE snce s113m Entitlement Manager SBI Developing, LLC PO Box 73790 Puyallup, WA 98373 Re: Tree issues on Federal Way Village, adjacent to SR-99 Pacific Highway South and South 336th Street, Federal, Way, Washington Dear Mr. Biles: As authorized, Professional Forestry Services, Inc, has reviewed the site plan and inspected the site of the planned Federal Way Village. The following comments are the result of our review of the project 1. The size of the site is 46.15 acres with approximately 16.58 acres or 36% of the site in wetlands and associated buffers. 2. Species of trees on the property are primarily black cottonwood and Douglas - fir with scattered red alder, bigleaf maple, Oregon ash, and Pacific madrone. 3. In our opinion, all trees to be retained within the project area should occur within the wetlands and associated buffers. There may be some opportunity to save a few trees along the upland edge of the buffers. Any retention in these areas will solely depend upon the actual grading plan. 4. All trees adjacent to South 33& Street and Pacific Highway will be severely impacted by this development. No trees are recommended to be retained in these areas. In our opinion, the southwesterly storm winds encountered in Western Washington would not permit retention adjacent to these roads. Single trees or narrow strips of trees would not be able to survive adjacent to these roads. The only opportunity that may exist are trees on and adjacent to Parcel #202104-9086. The most practical situation is to concentrate all retention of trees within or adjacent to the wetland buffers and within the wetlands. All other trees on the site should be removed. As you move forward with this project and need further analysis, please let us know. Sincerely, 'Certified h i D. Jac , CF, ACF Fore r #1244 MDJ:dkd j0pns foF fh'* flaill'a RESUBMITTED AUG 0 2 2007 CITY OF FEDERAL WAY BUILDING DEPT. W July 18, 2007 Ms. Janet Shull, AICP Contract Planner City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 V%' •er• �v Job No.1122-006-006 Re: Mass grading request for the Federal Way Village site. Project File Nos. 06-106382-00-SU and 06-106384-00-SE Dear Janet: Thank you for your letter, dated June 12, 2007, regarding the Federal Way Village Center project With this letter and the enclosed information, we respectfully request mass grading of the proposed development areas of the Federal Way Village site. Mass grading and removal of existing trees and natural vegetation is necessary, except in the wetland and wetland buffer areas, over the entire Federal Way Village site, The unique conditions relative to the RM 2400 zoned portion of the site are: Minimum 1,500 sf lot size and the feasibility of constructing attached townhouses will require that individual lots be cleared and graded during plat construction. The commercially zoned portion of the site is proposed to be developed with approximately 13 buildings totaling approximately 326,450 square feet of retail commercial and mixed use buildings with associated public improvements and parking. Federal Way Municipal Code Chapter 22-1568 exempts commercial property from retaining existing vegetation in perimeter landscape areas. However, all trees and vegetation within the on -site environmentally sensitive areas and sensitive area buffers will be used to meet the minimum 25 percent tree retention requirement The 46 acre Federal Way Village site is covered with vegetation at a fairly uniform density which includes several thousand significant trees. Environmentally sensitive areas and buffers to be retained as native comprise approximately 37 percent of the total site, or approximately 17 acres. Areas disturbed during construction would be protected from erosion. Measures taken may include diverting surface water away from the stripped areas and covering them with straw, in addition to using silt fences and straw bales. Disturbed areas would be vegetated at the end of construction. Erosion control would be in accordance with the Washington State Department of Ecology (DOE) Stormwater Management Manual. RESIJBMp AUG 0 2 2007 33915 1st Way South Tel (253) B38 6113 Bothell (425) 415 6144 Civil EnginDING Ulht Suite 200 Fax (253) 838 7104 www.esmcivii.com Project Management Pub it arks Federal Way. WA 98003 Toll Free (800) 345 5694 Land Surveying Landscape Architecture Ms. Janet Shull July 18, 2007 Page 2 Thank you for your time in reviewing this request If anything else is required, or if you have any questions regarding this project, please contact me immediately. Otherwise, we look forward to processing the Federal Way Village Master Plan application with the City of Federal Way. Sincerely, ESM CONSULTING ENGINEERS, LLC. Eric S. Pennala, AICP Project Planner Enclosures: As Noted Above Cc: Dan Biles, SBI Development, LLC Jon Potter, Stateside Investment LLC Joe Donahou, Donahou Design Group Besm jobs11122100610061documentlletter-009.doc M CITY OF Federal Way Project Name: Project File No: DEPARTMENT OF CONINIUiNITY DEVELOPMENT SERVICES 33325 81° Avenue South PO Box 9718 Federal Way WA 98063-9718 253-8352607; Fax 253-835-2609 rtvoftcderalwav'Coin RECEIVED JUN 0 7 2007 SIGN INSTALLATION CERTIFICAT&.1,OFFEOEFIALMy Y BUILDING DEPT. re lip J !�J Project Address: Installed By: �r G� r c 4 [ L: ,. C L L- _ _ Date of Installation: Location of Installation: c�- hv.:, i .i `' -4 i d~D IµC lt�h l•��ri 1�S-J'g JvP3 Dd @Sr@d IR i'@d F1,�91 eaz.•m I•=Vt"b i"S 9rAh 1-6y r4sKt a63 @l•r+►.E Bd iYl 7 •r e. n M• •R• '4' r _ n a +� 15r q.r w w- p n �• sa w •n a � xa in T T n � ,n- rY M I hereby testify that the sign installed frilly complies with the installation standards of the Department of Community Development Service's "Instructions for Obtaining & Posting Public Notification Signs" and that the sign will be maintained until a final decision is issued on the land use action. I understand that failure to return this certificate within five days of posting may result in delays, notice of corrections, and re -mailings at the applicant's expense. Installer's Name Date Installer's Signature Phone Bulletin 4'036 — AUgIISt 18, 2004 Page 1 of l k:\Handouts\Sign Installation Certificate 00 rn r. 00 /Im Cf)M N 00 N O CD 00 O O OOO O 00•000000 00 00 00 00 0 ()N.D CD M .--i C-4 00 00 00 O O O W o W w a w o w w o w w ¢ w 0 m W o N rn rA �i En ¢ O v) a a a t/) w a �r�++�' �7Tyy Ga t W N 00 en [�j - Ch N G' d Q Q3 W M M W X a 00 7. iC O 0 U M O O ai 7 0 O A O Pqpq pq O V] M O N M o o O .M-i O C.E Q .Nr Pa W o Cl V N Pr P-r Pi [*1 Pi M rn G c C W V r C 0 W U d H zQ o a ~' ZM w 1-4 o wU °H C� P� n O W OF V W �m U A Ko dvUi U H v OL o :�. o w w w J ¢ 0 O a 0 U w cn � ¢ a w o L O U U f�-. z H w a Q v' ' w' CL rn o 0 0 0 Ln 00 01 N N NCD CC -4 C) .Ni O O Os ON ON m m m Os O\ ON ON O O O O J O 't It �t d It ct �t 00 00 �[ 00 CD CDO O Cl CD O O O 00 N N N N N N N N N N N N O l— F- enO G O O O CD ON a\ N cV N� N [�1 N T N N N N N M t� am) y a\ ill r C+7 ?t r 3"'r t N CC`1NCV''N w 0 Ol (o d X81 Image Map Page 05/18/2007 01:07 PM cITY Of 'A Federal Way x •I! is 3 15558�] 47' 17 35.82=5 R Aerial Photo Map 81 N E 20-21-04 - NE quarter of Kroll 736 " i' � •G .ter. WA V: i � G tag A r. 17 35125535 N P1loWs are shown won paicat s and street na•nea Many la^dmartts tre labeled - Scale: 0 250 500 Feet N This map is and is sir o ay no warrarnias.�+d is simper f a graft i c {u p' u5arll&:R7 n. http://www.cityoffederalway.com/folders/home/businesseconomicdevelopment/citymaps/generalcitymaps/x8l.htm Page 2 of 3 May 9, 2007 Ms. Janet Shull, AICP Contract Planner City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Job No.1122-006-006 Re: Response to Comments regarding Federal Way Village Zero Lot Line (ZLL) Townhouse and Commercial Master Plan Project File Nos. 06-106382-00-SU and 06-106384-00-SE Dear Janet: Thank you for your letter, dated February 13, 2007, regarding the Master Plan submittal for the Federal Way Village Center project. With this letter and the enclosed information, we respectfully request your continued review of this application, as modified herein. The following is an outline of the City's comments, along with ESM's responses to each item in bold italics We have respected the City's numbering system in our response for your ease of review. A. Preliminary SEPA Process III and Process IV Comments Planning Division Janet Shull SEPA Checklist • JS Jones and Associates, Inc. prepared the Conceptual Wetland Buffer Averaging Plan, fRaedske Associates, Inc, prepared the Wetland Delineation for the site dated September 5, 2006 Sections AB., B,3.a.2, and Section B.4.d of the Environmental Checklist have been revised accordingly, 10 JS Jones and Associates prepared the Conceptual Wetland Buffer Averaging Plan. Raedeke Associates, Inc, prepared the Wetland Delineation for the site dated September 5, 2006. Sections AB., B,3.a.2, and Section B.4.d have been revised accordingly. The SEPA Environmental Checklists Section B.>2.c has been revised to state that the proposal will comply with the recreation and open space requirements of the FWCC. RESUBMITTED MAY 0 9 2007 33915 1st Way South Tel (253) 838 6113 Bothell (425) 415 6144 Civil Engineering BUlLta4f9qa4T9ff. Suite 200 Fax (253) 838 7104 www.esmciviL.com Project Management Public Works Federal Way. WA 98003 Toll Free (800) 345 5694 Land Surveying Landscape Architecture Ms. Janet Shull May 9, 2007 Page 2 2. Project Phasing. • A proposed phasing plan is shown on the plan sheets 3. Critical Areas. • The existing drainage course associated with Wetland 2 is shown on the existing conditions and site plan maps JS Jones and Associates, Inc, prepared the Wetland buffer averaging plan. • The boundaries of the wetlands, streams and buffers on the site were established as part of the Settlement Agreement and Covenant (Agreement) between the Property Owners and the City of Federal Way, and were recorded at King County under recording number 9704211043. Paragraph d of the agreement specifically states; ,The boundaries of the wetlands, streams and buffers for streams and wetlands on the Property are established the Agreemen4 and the City fully accepts such boundaries as to the initial development of each parcel or subsequent legal parcel. These buffer boundaries are based on the City's current regulations which require a 100 foot buffer for wetlands and streams The City is considering revision of its regulations which may result in lesser buffers and buffer averaging. The Property Owners are to benefit from any changes in the City's current regulations; however, if the regulations require greater buffers, the City shall not require increased buffers on the Property. Moreover, these boundaries can be changed through the negotiation process between the City and the Property Owners or their successors in interest upon application for a site plan. If reduced boundaries are eventually established as to the wetlands they will be binding on the City and its successors in interest" • The public road crossing the wetland in the southern portion of the site will occur as pro vided for in the Agreement between the Property Owners and the City of Federal Way recorded at King County under recording number 9704211043. Paragraph c of the agreement specifically states. - 'The Maintenance Access Road will be used by the Property Owners, their successors, their agents, designees, and other permittees for ingress and egress and any other purpose reasonably necessary for the use of the Property not inconsistent with the City's use and in compliance with all applicable laws and codes It may be paved and widened in pursuance of future development at the Property Owner's expense." RESUBMITTED MAY 0 9 2007 CITY OF FEDERAL WAY BUILDING DEFT Ms. Janet Shull May 9, 2007 Page 3 4. Site Plan. Approximate square footage of each commercial building including its potential use(s) and required parking has been placed on the revised site plan. Revised road, grading and drainage plans for the commercial portion are not provided because grading design and roadway layout has not changed from the original submittal. A more detailed submittal and review of the construction plans will occur during the engineering phase of development • Typical parking stall, row, and aisle dimensioning is included with the resubmittal. Information regarding design elements including but not limited to pedestrian oriented spaces, sidewalk paving material, commercial and residential architectural building design is provided in the development plan design guidelines prepared by Donahou Design Group. Specific location, material, and color of street furniture will be addressed during the subsequent Process lI administrative review of individual building pad. However, review of the proposed street lights will be addressed during the engineering phase of development The PreliminaryZLL Townhouse Plat site plan has been revised so that all proposed lots are a minimum 1500 square feet or greater. • The note indicating minimum site coverage has been eliminated. • Notes have been placed on sheet 14 of the revised submittal for both the residential and commercial portions of the application. • Information regarding parking provided for the ZLL Townhouses is provided on page 37 of the in the development plan design guidelines prepared by Donahou Design Group. Building setback notes have been revised per code requirements 5. Preliminary Landscape Plan. • Total parking stasis provided in the commercial portion of the Federal Way Village Master Plan equal 1,146. The total area of proposed parking lot landscaping will equal 25,212 square feet (1,146 x 22 square feet per stall = 25,212 sf). A note regarding parking lot landscaping is shown on sheet 14 of the resubmittal. In addition, parking lot landscaping design guidelines for the commercial area are provided on pages 29 of the development plan design guidelines prepared by Donahou Design Group. A detailed review of the parking lot landscaping will be conducted during the engineering phase of development • A note regarding the use of drought tolerant plant material has been placed on sheet 14 of the resubmittal. A detailed review of landscaping will be conducted during the required design review phase for each commercial building included in the development MAY 0 9 2007 CITY OF FEDERAL WAY BUILDING DEJ= Ms. Janet Shull May 9, 2007 Page 4 6. Significant trees, vegetation and grading. • The approximately 46 acre Federal Way Village site is covered with vegetation at a fairly uniform density that includes several thousand significant trees The tree retention calculation, as shown on sheet 12 of the application, is an extrapolation of the actual number of trees located a one acre portion of the site. All trees within the on -site environmentally sensitive area and sensitive area buffer will be used to meet the minimum 25 percent tree retention requirement Environmentally sensitive areas comprise approximately 37 percent of the total site, or approximately 17 acres • Mass grading and removal of existing trees and natural vegetation on individual lots in the ZLL townhouse portion is necessary for reasonably site development (See Attached Letter) 7, Conceptual building design and elevations. • Architectural/Building Design and building elevations for the ZLL Townhouses are provided on pages 30-37 of the development plan design guidelines prepared by Donahou Design Group. 8. Affordable housing requirements. • Prior to occupancy of phase 1 of the development, the applicant will record an agreement for the provision of Affordable housing within the Federal Way Village development C. Public Works/Traffic, Sarady Lang Preliminary comments concerning the Traffic Impact Analysis (TIA) report. • Refer to the attached comment response letter and revised T/A prepared by TENW. D. Public Works/Engineerinci Ann Dower The TIRs for the subdivision and the commercial development need to be combined into one TIR for the entire site, and include a copy of the settlement agreement • The T/Rs for the subdivision and the commercial development portions of the Federal Way silage Site have been combined into one TIR, which includes a copy of the settlement agreement Enclosed with this letter are the following materials: Resubmittal Application (1 copy). • Master Plan Site Plan (10 copies). • RESUBMITTEDPreliminary Plat Map Set (10 copies). • Reduced 11" X 17" copy of Preliminary Plat (1 copy). MAY 0 9 2007 CITY OF FEDERAL. WAY BUILDING ❑EF*=- - Ms. Janet Shull May 9, 2007 Page 5 Revised Preliminary Technical Information Report (4 copies). Revised SEPA Environmental Checklist (10 copies). Revised Traffic Impact Study (4 copies). We understand that these materials meet the requirements of a "complete application" to begin processing the preliminary plat pursuant to FWMC section 22.434 and the City's Preliminary Plat Requirements Checklist. We also understand that the City may place the project on hold to request additional information or changes to the application where it does not meet the Citys codified development regulations. Sincerely, ESM CONSULTING ENGINEERS, L.L.C. Eric S. Pen nala, AICP Project Planner Enclosures: As Noted Above Cc: Dan Biles, SBI Development, LLC Jon Potter, Stateside Investment, LLC Joe Donahou, Donahou Design Group Besm-jobs11122V00610061docu mentlletter-008.doc �3ESUBMITTE® MAY 0 9 2007 CITY OF FEDERAL WAY BUILDING Dr-p- May 9, 2007 Ms. Janet Shull, AICP Contract Planner City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Job No.1122-006-006 Re: Mass Grading request for the Federal Way Village Zero Lot Line (ZLQ Townhouse portion of the site. Project File Nos. 06-106382-00-SU and 06-106384-00-SE Dear Janet: Thank you for your letter, dated February 13, 2007, regarding the Federal Way Village Center project. With this letter and the enclosed information, we respectfully request mass grading of the proposed development areas of the Federal Way Village site. Mass grading and removal of existing trees and natural vegetation is necessary, except in the wetland and wetland buffer areas, over the entire Federal Way Village site, The unique conditions relative to the RM 2400 zoned portion of the site are: Minimum 1,500 sf lot size and the feasibility of constructing attached townhouses will require that individual lots be cleared and graded during plat construction. The commercially zoned portion of the site is proposed to be developed with approximately 13 buildings totaling approximately 326,450 square feet of retail commercial and mixed use buildings with associated public improvements and parking. Federal Way Municipal Code Chapter 22-1568 exempts commercial property from retaining existing vegetation in perimeter landscape areas. However, all -trees and vegetation within the on -site environmentally sensitive areas and sensitive area buffers will be used to meet the minimum 25 percent tree retention requirement. The 46 acre Federal Way Village site is covered with vegetation at a fairly uniform density which includes several thousand significant trees. Environmentally sensitive areas and buffers to be retained as native comprise approximately 37 percent of the total site, or approximately 17 acres. Areas disturbed during construction would be protected from erosion. Measures taken may include diverting surface water away from the stripped areas and covering them with straw, in addition to using silt fences and straw bales. Disturbed areas would be vegetated at the end of construction. Erosion control would be in accordance with the Washington State Department of Ecology (DOE) Stormwater Management Manual. RESUbivii I i m) 33915 1st Way South Tel (253) 838 6113 Bothell (425) 415 6144 Civil Engi'eeri/pn OF y rP +� WAY Suite 200 Fax (253) 838 7104 www.esmcivii.com Project tdanagemen� 017UIL 1 J J'L�TJF{ T Federal Way. WA 98003 Toll Free (600) 345 5694 Land Surveying an scape rch�!eclurs Ms. Janet Shull May 9, 2007 Page 2 Thank you for your time in reviewing this request. If anything else is required, or if you have any questions regarding this project, please contact me immediately. Otherwise, we look forward to processing the Federal Way Village Master Plan application with the City of Federal Way. Sincerely, ESM CONSULTI GINEERS, L.L.C. Pennala, AICP Project Planner Enclosures: As Noted Above Cc: Dan Biles, SBI Development, LLC Jon Potter, Stateside Investment, LLC Joe Donahou, Donahou Design Group hesm-jobs11122100610061docu mentlletter-009.doc RESUBMITTED MAY 0 9 2007 CITY OF FEDERAL WAY._ BUILDING G'T:.; ,; ; CITY OF �. Federal January 16, 2007 Mr. Dan Biles, P.E. Federal Way Village, LLC PO Box 73790 Puyallup, WA 98373 CITY HALL 33325 8th Avenue South y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 . www.cityoffederalway.com Re: NOTICE OF INCOMPLETE APPLICATION, ADDITIONAL INFORMATION REQUESTED Federal Way Village, 33701 Pacific Highway South, Federal Way Federal Way File Nos. 06-106382-00-SU and 06-106384-00-SE Dear Mr. Biles: The Department of Community Development Services is in the process of reviewing information you submitted on December 19, 2006, for the proposal to, develop an .87-unit zero -lot -line (ZLL) townhouse subdivision at 33701 Pacific Highway South. The project is being reviewed under the provisions of Federal Way City Code (FWCC) Chapter 20, Article II, Division 6, "Preliminary Plat," and Chapter 22, Article VII, "Process IV Review — Hearing Examiner Approval", in addition to State Environmental Policy Act (SEPA). INCOMPLETE APPLICATION During the course of the City's review, the following items were found to be missing or incomplete. In order for your application to be considered complete and ready for processing, the items below must be provided. A master plan for the entire Federal Way Village site must be submitted. Per Condition 1 of Ordinance 05-490, establishing new zoning designations for the subject site, a single master plan for the entire Federal Way Village site must be submitted, reviewed, and approved prior to proceeding with development of any portion of the site. The submitted preliminary plat plans will be reviewed as part of the overall master plan. SEPA and process IV land use decisions will be issued in conjunction with the entire master plan, incorporating the preliminary plat for the ZLL townhouse residential portion of the site. 2. SEPA Checklist — The environmental checklist must be revised as follows. Per Condition 1 of Ordinance 05-490, a project action SEPA review and decision will be issued on the overall proposed buildout of the Federal Way Village site per the proposed master plan. Therefore, the environmental checklist must be completed to address buildout of the entire site per the proposed master plan. Some sections of the submitted checklist discuss overall buildout of the site, while other sections of the checklist address only the proposed ZLL townhouse subdivision. The checklist must be revised so that all responses evaluate the proposed buildout of the entire site. Mr. Dan Biles, P.E. Page 2 January 16, 2007 3. A Hazardous Materials Inventory Statement must be submitted. The subject lies within a designated 10-year wellhead capture zone as shown on the City of Federal Way Critical Aquifer Recharge and Wellhead Protection Area Map. A handout and the required inventory statement are enclosed. The enclosed inventory statement must be completed and submitted for evaluation. 4. New zero lot line townhouse and roadway development standards must be adopted prior to designation of the project submittal as a "compete application. " The application has been accepted and will be reviewed with preliminary technical comments provided based upon draft development standards as prepared by city staff. (Please note that at the time of this writing, draft roadway standards have not yet been finalized by city staff.) Once staff has finalized draft roadway standards, preliminary technical comments will be provided that evaluate the proposed roadway configuration per the draft standards. Until both the ZLL townhouse and roadway development standards are officially adopted, the city is unable to designate the project submittal a complete application. The advantage of proceeding with review of the project submittal with preliminary technical comments at this time is that the project stands to be further along in the project review and approval process once the proposed new development standards are officially adopted; The inherent risks in proceeding with preliminary technical review in advance of adoption of new development standards are that either the draft standards are modified prior to adoption, or are potentially not adopted by the City Council, resulting in moderate to significant redesign of the overall site master plan. These risks were discussed during a meeting (October 24, 2006) with the Federal Way Village development team and representatives of Federal Way's Development Review Committee. PRELIMINARY SEPA AND PROCESS IV COMMENTS In addition to completeness items discussed above, preliminary SEPA and process IV review comments are provided below. These issues were identified in reviewing the application for completeness. Responses to these items are helpful in reviewing the project when the city begins formal review. A. Planning Division, Janet Shull,-(206) 244-3749, ia_netshulldesip-n cr,comeast.net 1. Consideration for Project Phasing In the resubmittal, please consider and present a proposal for development phasing of the overall master plan. Land use decisions are only valid for a five-year period with the potential for a one-time extension of up to one additional year for complete buildout of the subject site, unless otherwise proposed and approved. As the Federal Way Village is a large master -planned mixed -use development, the applicant should give careful consideration to the overall timeframe necessary to complete development of all phases of the master plan. The city may consider requests for extended project File 406-106382-00-SU Doc I D. 39432 Mr. Dan Biles, P.E. Page 3 January 16, 2007 completion timelines when the applicant determines that overall buildout of a phased development may exceed five years. It is strongly recommended that a proposed phasing plan be submitted for consideration by city staff. 2. Wetland 1 Evaluation (reference City of Federal Way File Number 06-105489-AD) The city's wetland consultant, ESA Adolfson, conducted a site evaluation (November 30, 2006) of Wetland 1, located on the western half of the subject site adjacent to the proposed ZLL townhouse development. Adolfson's site evaluation indicated that portions of the northern and eastern boundaries of Wetland 1 may be as much as 20 feet greater than that indicated in the submitted wetland reports prepared by Raedeke Associates. At the time of this writing, city staff is working with representatives of ESA Adolfson and Raedeke Associates to schedule a site visit to establish a mutually agreeable wetland and associated buffer boundary. The outcome of this wetland evaluation may necessitate a revision of the preliminary plat design. 3. Reduced Scale Site Plan for the Preliminary Plat • In the resubmittal, please include one 11 x 17 inch reduced paper: copy of the _ preliminary plat map. (Note'this is a proposed submittal requirement per. draft code revisions.) As technical comments are being provided based on draft code language, it is recommended that this information be submitted at this time. 4. Overall Site Plan ■ The preliminary plat site plan indicates that a number of lots are proposed at less than the minimum allowable 1800 square feet. The draft development standards for ZLL townhouse development establish a minimum lot size of 1800 square feet in the RM 2400. zoning district. The site plan must be revised so that no ZLL townhouse lot is less than 1800 square feet. • The project notes read that the minimum site coverage is 70 percent. The draft code language establishes no minimum or maximum lot coverage. This note should be eliminated. ■ Required parking spaces should be changed to read 2.0 off-street parking spaces per unit based on the draft development standards. Note that at least one of these stalls must be in a garage. Conceptual site development should show how the parking spaces shall be provided on each lot. ■ Front yard setback should read: 20 feet when parking is accessed from the front yard and 10 feet otherwise. • Side yard setback should read 10 feet when more than six attached units and five feet for a group of two to six units, with zero feet between attached units. File a06-106352-00-S11 Doc. I. D. 39432 Mr. Dan Biles, P.E. Page 4 January 16, 2007 Rear yard setback should read five feet, and 20 feet when parking is accessed via an alley. 5. Preliminary Landscape Plans • The preliminary landscape plans must show how the minimum 400 square feet of open space per dwelling unit requirement is met. Of. the 400 square feet per unit requirement, a minimum of 200 square feet of private open space must be shown for each townhouse unit. This private open space area should be shown in conjunction with conceptual building plans as discussed below. A proposed tot lot is indicated on Sheet 10. The overall size of this area must be at least 10 percent of the overall required open space area and must be shown on the plan sheets along with dimensioning. 6. Significant Trees, Vegetation, and Grading * A December 12, 2006, letter from ESM (submitted along with application materials on December 19, 2006), indicates that mass grading and removal of existing significant trees and natural vegetation is proposed: All significant trees and natural vegetation must be retained on the site to be subdivided, except that which will be removed for improvements or grading as shown on approved engineering plans. Clearing and grading of individual lots is not permitted during construction of the plat infrastructure, except in locations to be determined by the city that presents extreme topography or other unusual conditions. Specifically, FWCC Section 20-179, states: "All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision." "Existing mature vegetation shall be retained to the maximum extent possible," If it is the applicant's desire to pursue mass grading of this site, a formal request in the form of a letter with supporting documentation must be submitted for the city's consideration that explains why mass grading is being proposed and what unusual conditions exist at the site to warrant mass grading. In addition to these general requirements for subdivisions, significant trees are to be retained within required perimeter landscape areas and on -site recreation areas unless they interfere with proposed recreation activities. Also, note that significant trees required to be retained in on -site environmentally sensitive areas can be used to meet the minimum 25 percent retention requirement. File#06-106351-00-sU Doc I.D. 39432 Mr. Dan Biles, P.E. Page 5 January 16, 2007 The applicant is advised to review FWCC Section 22-1568 et seq. for details regarding significant tree retention and replacement and resubmit tree retention and inventory plans that address the requirements of this section. 7. Conceptual Building Design and Elevations ■ The preliminary plat submittal must provide conceptual building foot print and elevation drawings for the proposed ZLL townhouses and show how parking and private open spaces requirements are met for each lot. ■ The submitted conceptual building design will be evaluated per the applicable requirements of FWCC Chapter 22, Article XIX, "Community Design Guidelines." B. Building Division, Scott Sproul, (253) 835-2633, scott.s rout a citvoffederalway.cout Comments will be available at a later date. C. Public Works/Engineering, Ann Dower, (253) 835-2732, ann.do►r•er ar ci# offederal'*vav:com Please refer to enclosed January 10, 2.007, memorandum. D. Public Works/Traffic, Sarady Long (253) 835-2743, sarad .lots citvoffederalwa .coin Comments will be available at a later date. Please note that the traffic division will provide comments on the proposed roadway configuration after draft roadway development standards have been finalized by staff. E. Lakehaven Utility District, Brian Asbury, (253) 946-5400, bashury dlakehaven.or The applicant has not completed and submitted to Lakehaven all applications necessary to be able to determine the applicant's specific requirements for connection to Lakehaven's water and/or sewer systems to serve the subject property. As previously noted, the applicant will need to submit one, or more, of the following applications to Lakehaven to formally commence the water and/or sewer plan review process: Developer Extension Pre -Design or Developer Extension Agreement. Lakehaven continues to emphasize that the owner/applicant should apply separately to Lakehaven for one of the above processes early in the pre- design/planning phase to avoid delays in the overall development process. Lack of any submitted applications at this time will quite possibly cause development process delays in the future. Availability certificates for both water & sewer were issued on March 28, 2006, for the proposed project. F. South King Fire and Rescue, Chris Ingham, (253-946-7244), cliris.inahninANoutlikingtire.o�r. Comments will be available at a later date. File 406-106382-00-S1! Doc I.D 39432 Mr. Dan Biles, P.E. Page 6 January 16, 2007 Please submit eight copies of revised SEPA checklist and/or required plans, and four copies of any revised reports, along with the enclosed resubmittal form. After receipt of the requested information noted in the incomplete application section of this letter, the department will notify you within 14 days whether your application is considered complete or -what, if any, information is still needed. It is important to note that the department cannot begin processing your formal application until all items are submitted. Please call me at 206-244-3749 if you have any questions. I look forward to working with you, Sincerely, '61 �� -�� Janet Shull, AICP Contract Planner Enc. Memorandum from Ann Dower, January 10, 2007 PDF Provided by Lakehaven Utility District Indicating Utilities at and Adjacent to the Subject Site Hazardous' Materials Inventory Statement Handout Resubmittal Form C: Scott Sproul, Acting Building Official Ann Dower, Engineering Plans Reviewer .Sarady Long, Traffic Engineer Chris Ingham, South King Fire and Rescue Brian Asbury, Lakehaven Utility District File 906-106352-00-5 U Doc. I.D. 39432 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL RECEIVE® DEC 1 9 2006 DATE: December 20, 2006 GI7Y ar= RAL Why OE TO: Will Appleton, Development Services Manager 111LINGP7, Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire and Rescue Geri Walker, Federal Way School District Stacy Flores, Public Safety Officer FROM: Janet Shull FOR DRC MTG. ON: January 4, 2007 - Internal COMPLETENESS REVIEW EXPEDITED REVIEW FILE NUMBER(s): 06-106382-00-SU RELATED FILE NOS.: 06-106384-SE PROJECT NAME: FEDERAL WAY VILLAGE PROJECT ADDRESS: 33701 PACIFIC HWY S ZONING DISTRICT: RM 2400 PROJECT DESCRIPTION: Proposal to subdivide portion of (3) lots into 87 single family lots. LAND USE PERMITS: Preliminary Plat, SEPA PROJECT CONTACT: FEDERAL WAY VILLAGE LLC DAN BILES, P.E. PO BOX 73799 2538480820 (Primary) MATERIALS SUBMITTED: Preliminary Plat conceptual drawing, title report, certificate of water and sewer availability, parcel maps, wetland maps, mailing envelopes (3 sets), environmental checklist, noise evaluation, geotechnical evaluation, preliminary TIR, preliminary TIA, preliminary plat, existing conditions (topo), conceptual grading and utility plan, road cross sections, preliminary landscape plans, tree retention/inventory plan. MASTER LAND USE APPLICATION �y DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES ECF_1'J 33325 8'" Avenue South CITY OF' -._. i PO Box 9718 Federal Way 9 7006 253Federal Way WA 9$-835-2b07; Fax 253-835-97835-Z60909 ■► %yw. c ityo ffcderalway.com tal-Tv or rEpF-RAL WAY F11-41J.DI 02 DEPT. �I C APPLICATION NO(S) 100S 6 3 T `-SGDate Project Name Federal Way Village Property Address/Location _SW quadrant of the S 336th`•Street and Pacific Highway South intersection Parcel Nurnber(s) 070• �913$G; 10; 072 • f6SS and 0a4 DD t Project Description PLEASE I'TUN '1> 1 0 Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Camp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process If (Site Plan Review) IV 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 PC WI Variance: Commercial/Residential Required Information BC/ RM2400 Zoning Designation BC multi.- Comprehensive Plan Designation amT x Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type 0 Applicant Name: Federal. Way Villages LLC ATTN: Kurt Address: PO Box 73790 City/State; Puyallup WA Zip: 98373 Phone: 253/848-0820 Fax: Email: Signature: Agent (if different than Applicant) rrfi'r' Name: ESM Consulting Engineers LLC ATTN: Eric S. Address: 33915 1st Way South, Suite 200 City/State: Federal Way WA Zip: 98003 Phone: 253/838-6113 Fax: 25 3 / 8 3 104 Email: er .1 iz sm ivil . com Signature: ' Owner Kitts Corner Development, LLC Name: 1026 Bellevue Way, SE Address: Bellevue, WA City/State: 98004 Zip: 425-455-4772 Phone: Fax: 425-453-2762 Email: 1sc adt@nw1ink.com Signature: ennal a Bulletin #003 - August 18, 2004 Page 1 of I k:WandoutsWasler Land Use Application O 4- CITY OF 1�1c:e d Nre� I VAla y APPLICATION NO(S) Project Name Federal Way Village MASTER LAND USE APPLICATION REOt� ENT OF COM�4 UNIn' DrWELOPMENT SERVICES �,,� 33325 8 Avenue South PO Box 9718 DEC 1 9 ?_006 Federal Way WA 98063-9718 253-8.35-2607; Fax 253-835-2609 wv,i .cl oftederalwa .corn CITY OF FEDERAL WAY BUILDING DEPT. Date Property Address/Location SW quadrant of the S 336th Street and Pacific Hi Parcel Number(s) 202104-904.9.; 9070; - 4"; -9656; 9072; 4&815-and ,99&tr-- Project Description FWMKAI 7 South intersection Mixed use 46--acre counnercial and residential "Federal Way Village" Center Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Camp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Direc(or—s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision '?K(iH^ Variance: CoinmerciaVResidentiai Required Information BC/ RLV400 Zoning Designation BC multi- Comprehensive Plan Designation family 0 Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Name: Federal. Way Villages LLC ATTN: Kurt Address: PO Box 73790 City/State: Puyallup WA Zip: 98373 Phone: 253/848-0820 Fax: Email: Signature: Agent (if different than Applicant) Name: ESM Consulting Engineers LLC ATTN: Eric S. Address: 33915 1st Way South, Suite 200 City/State: Federal Way WA Zip: 98003 Phone: 253/838-6113 Fax: 25 3 / 8 38— Email: a . pa nal vil . corn Signature: — r Owner Kitts Corner Development, LLC Name: 1026 Bellevue Way, SE Address: Bellevue, WA City/state: 98004 Zip' 425-455-4772 Phone: Fax: 425-453-2762 Email: is aadt@nwlin , com Signature: annala N 1 Bulletin ##003 — August I8, 2004 Page I of 1 k:\Handouts%Maslcr Land Use Application f 4 A � I Qf RECEIVED December 12, 2006 DEC 1 g 2.006 Job No.1122-006-006 QITY QF F0o;;Rn4 ► AY BUILDI O DE~PT, Ms. KathX McClung 33325 8t Avenue South PO Box 9718 Federal Way, WA 98063-9718 Re: Preliminary Plat Submittal for Federal Way Village Preliminary Long Subdivision, King County Parcel No(s). 20210 9e69`, - 070, - 9072,--9080, �909e. Dear Ms. McClung: ,ncl�ci� With this letter and accompanying information, ESM Consulting Engineers is submitting a preliminary plat application for the approximately 46 acre Federal Way Village site, located in the southwestern quadrant of the Pacific Highway South (SR 99) and S 336th Street intersection. SCHOOL WALKING CONDITIONS The future school -aged children who will live within this project will attend Panther Lake Elementary, Illahee Middle, and Todd Beamer High Schools. All school -aged children will be bused to their respective schools. GRADING Mass grading would occur in the developable areas of the site for the construction of roads, utilities, and home sites, Cut and fill quantities would be (approx. 6,529 c.y. of cut and 18,825 c.y. of fill). Gravel would be imported from an approved off -site source as required for road base and trench backfill.13,774 c.y. of non-structural surface duff material will also be removed from the site DRAINAGE Through the use of the 1992 Department of Ecology Stormwater Management Manual for the Puget Sound Basin, and the King County Runoff time Series program, the intent is to convey stormwater runoff from the proposed asphalt roadways an several other impervious surfaces to the existing South 336th Regional Storage Facility, via proposed catch basins, underground pipes, and a water quality filtration vault 33915 1st Way South Suite 200 Federal Way, WA 98003 Tel (253) 838 6113 Bothell (425) 415 6144 Civil Engineering Land Planning Fax (253) 838 7104 voww.esmcivil corn Project Management Public Works Toll Free (800) 345 5694 Land Surveying Landscape Architecture Ms. McKlung December 12, 2006 Page 2 ROADS This project will be responsible for the construction of the internal plat roads. Additionally, as conditioned by the Comprehensive Plan and Zoning Map amendment for the site, development of the site will include design, construction, and dedication of the following public roadways in accordance with appropriate street sections: a. Thirteenth (1 Sh) Place South from South 336th Street to the site's south Property line. b. South 340th Street from Pacific Highway South to the intersection of 1 S Place South extended. c. A roadway connecting from South 330h Street through the residential area, connecting to 13"' Place South extended. Enclosed with this letter are the following materials: Application (1 copy). • Preliminary Plat and SEPA fees. • Preliminary Plat Map Set (10 copies). • Three sets of self-addressed, stamped envelopes (with City of Federal Way return address) of persons owning property within a 300' radius. • Title report not more than 90 calendar days old (2 copies). Availability Certificates from Lakehaven Utility District for sewer and water. O Reduced 11" X 17" copy of Preliminary Plat (1 copy). Y Preliminary Technical Information Report (4 copies). SEPA Environmental Checklist (10 copies). • Proposed Street Modification Request (4 copies). • Noise Evaluation (4 copies). • Geotechnical Engineering Study (4 copies). Traffic Impact Study (4 copies). We understand that these materials meet the requirements of a "complete application" to begin processing the preliminary plat pursuant to FWMC section 22.434 and the City's Preliminary Plat Requirements Checklist. We also understand that the City may place the project on hold to request additional information or changes to the application where it does not meet the City's codified development regulations. Ms. McKlung December 12, 2006 Page 3 Thank you for your time in reviewing this application. If anything else is required, or if you have any questions regarding this project, please contact me immediately. Otherwise, we look forward to processing this application wit the City of Federal Way. Sincerely, ES SULTING E EERS, LLC. Eric ennala, AICP Project Planner Enclosed as noted Cc: Dan Biles, SBI Development Jon Potter, Federal Way Village, LLC hesm-jobs11122100610061docu mentl letter-006.d oc t�� J s 5ew4e Eat King County a Dept. of Development and Environmental Services Building Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Alternative formats available S--r (l (206) 296-6600 TTY (206) 296-7217 upon request King County Certificate of Sewer Availability This certificate provides the Seattle King County Department of Public Health and the Department of Development and Environmental Services with information necessary to evaluate development proposals. Do not write in this box number name ❑ Building Permit Preliminary Plat or PUD ❑ Short Subdivision ❑ Rezone or other Applicant's name: Fi91?X_A2!Q== 11`t LL/ L _ -- Proposed use: M_ q , �0 M VkTi -FLM IL}r - 109 L&L) (f-? r Q27 Location: S W 8F- ;yaaa:2 -4Al 900 q t7aQ _906 !�27e . 9572- go90. (a ,ach map aAd legate! scription necessa Sewer agency information: 1. a. Sewer servlcecANDe provided by side sewer connection Drily to an existing _gy size sewer pM- Sl t l z and the sewer system has the capacity to serve the proposed use. )e6R nV,1-i7-r*M14,Y : b. '9506-r service will require an improvement to the sewer system of. (i) ✓ feet of sewer trunk or lateral to reach the site; and/or A2) The construction of a collection system on the site; and/or (3) Other (describe) il ` P E;6 yM+J� lt}�L�[,sr0`e.. how-AItgsU/La �s aymRFcTjo< 4o -5 O 5� tali' - L^1y,+At'�>ui-_L_ ;L�; wf'r��`�" 2. .1� a. The sewer system improvement is in conformance with a County approved sewer comprehensive plan. OR 0 b. The sewer system improvement will require a sewer comprehensive plan amendment. a. The proposed project is within the corporate limits of the district or has been granted Boundary Review Board approval for extension of service outside the district or city. OR ❑ b. Annnexation or Boundary Review Board (BRB) approval will be necessary to provide service. 4. Service is subject to the following: a. Connection charge: b. Easement(s): c. Other: SlDn!vfJ�ihRj �R13WO$� CB-tit,t.tr ~Q.G�n-� IYIi�'DI/J'(.t L'>!��'i— f'+� +�•F�`� 'f'eF. P$MALt4'�.�i ��gg vV The District, at its sole discretion, reserves the right to delay or deny sewer service based upon capacity limitations in District and Other Purveyor radl;]-. . • '� I certify that the above sewer agency information is true. This certification shall be valid for one year from date of DEC 9 7 006 signature. LAKEHAVEN UTILITY DISTRICT Agency name ENGINEERING TECHNICIAN II Title sewer availability form.doc b-cert-sewer.pdf LEN COR WELL QF FE0ERAL7I Xt gyratory e RUILDING DEPT. G ?t9 -tom ig ature Dates 02-07-2002 VUBBAM93mf i 6Y MMAPPLTABU LAM IMAxrlAf= ERU'S , g KING.CCjUNT1!.CERTIFICATE:, King County inr7/trE�. l�iv�alAB1L1TY Department of Development and Environmental Services Building Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Alternative formats available 206-296-6600 M206-296-7217 upon request King County Certificate of Water Availability This certificate provides the Seattle King County Department of Public Health and the Department of Development and Environmental Services with information necessary to evaluate development proposals. Do not write in this box number name ❑ Building Permit J ( Preliminary Plat or PUD ❑ Short Subdivision ❑ Rezone or other Applicant's name: L. Proposed use: N) IIC � - t15= -Awe 1. ❑ a. Water be provided by service connection only to an existing (size) water main that is feet from the site. OR b. nater service will re uIre arymprovement to the water system of. (1) 1 -,rA'r feet of water main to reach the sit : and/or (2) The Construction of a distribution systemSon the sile,,andlorwl (3) Other(descrtbe)f� /+UA19P 2. a. The water system is In Conformance with a County approved water comprehensive pan - OR ❑ b. The water system improvement is not in conformance with a County approved water comprehensive plan and will require a water comprehensive plan amendment. (This may cause a delay in Issuance of a permit or approval). 3. 1 a. The proposed project is within the corporate limits of the district, or has been granted Boundary Review Board / approval for extension of service outslde the district or city, or is within the County approved service area of a private water purveyor. OR ❑ b. Annexation or Boundary Review Board (BRB) approval will be necessary to provide service. 4. 1cl a. Water is or will be avai b{e at the raja flow and duration indicated below at no less than 20 psi measured at the / nearest fire hydrant feet from the bullding/property (or as marked on the attached map): Rate of flow at Peak Demand Duration ❑ less than 500 gpm (approx. :A;lp— m) ❑ less than 1 hour 500 to 999 gpm ❑ 1 hour to 2 hours I0,- 1000 gpm or more 2 hours or more fl. other ca cu afon of gP A96- Cf �i �61fL+J►l �Ld k1 trte.rt�.t� =:Iu+ ta•t). �n �° f� (Idols: Commercial build[ng pemlits which includes mullifami y suuCtures require ow res caloutation.) OR ❑ b. Water system is not capable of providing fire flow. 5. a. Water system has cerlifieate9 of water right or water right claims sufficient to provide service. OR ❑ b. Waters sle does gpI rrently have r�ecessa ter rights or we el n' Ift lan N1.b� a 1�N31� dd�rt+'� R? SLtrlR 7. /All f+�e iOR� CommenWcondilions'. r r-r% D I certify that the above water purveyor Information is true. This certl5cation shall be vard for one year from date of signature. N !! LAKEHAVEN UTILITY DISTRICT LEN CORNWELL Agency name SigZryame��, ?�ofi ENGINEERING TECHNICIAN II Title SI n tur ?� Date % OF FEDERAL WAY �,,ri' JILDIN ❑EPT fir—' p;! Pressure Zone Hi/Lo Elevations of Property 'b �7 +1- ft ( WH 0 ` Est. Lo/Hi Pressure psi The District, at its sole discretion, reserves the right to delay or deny water service based upon capacity limitations in District and Other Purveyor facilities. water availability form b-cert-waler.pdr Rev.05.19-2003 UMAVA)xABIRM OUT= WL®A Village at Federal Way Federal Way, WA UPDATED Transportation Impact Study May 8, 2007 EXPIRES �- z� Prepared for: SBl Developing, LLC PO Box 73790 Puyallup, Washington 98373 Prepared by: % ' Transportation Engineering NorthWest, LLC Transportation Engineering/Operations • Impact Studies ♦ Design Services ♦ Transportation Planning ► Forecasting Seattle Office: PO Box 65254 ► Seattle, WA 98155 ► Office/Fax (206) 361.7333 ► Toll Free {88.8,L Eastside Office: 816 -6th Street 5 ► Kirkland, WA 98033 j� ITTED MAY 0 9 2007 CITY OF FEDERAL WAS' BUILDING DEPT. Village at Federal Way Federal Way, WA UPDATED Transportation Impact Stud Table of Contents INTRODUCTION..............................................................................................................................1 ProjectDescription......................................................................................................................1 EXISTINGCONDITIONS.................................................................................................................3 RoadwayConditions................................................................................................................... 3 5 CollisionHistory .......................................................................................................................... 8 ExistingPeak Traffic Volumes..................................................................................................... JIntersection 8 Level of Service.............................................................,......................................... Services.-, I .... ...14 f Public Transportation P .............. . ................................. 4 ..... ... 1. 1 ....................... Nonmotorized Transportation Facilities ...................................:.............:.........:.........I...........15 -� Planned Transportation Improvements .................. :............... :...:::............................................ 16 TRANSPORTATION IMPACT ANALYSIS....................................................................................18 Forecasts Non -Project Traffic ....................................................................................................18 1 Project Trip Generation .................... :.............................. ........... ........................ ......... ... ...... 1-.19 22 TripDistribution and Assignment.............................................................................................. 22 Intersection Level of Service Impacts.........................................,.......................................,...... Public Transportation Impacts................................................................................................... 30 Nonmotorized Transportation Facilities ...... :.................................... ............................ .............. 3 Site Access, Safety, and Circulation Issues.............................................................................. 31 PROJECT MITIGATION MEASURES...........................................................................................37 - Appendix A - Traffic Counts Appendix B - Detailed Level of Service Summary Sheets Appendix C - 2009 and 2020 Future Traffic Volume Estimates I V Transportation Engineering NorthWest, LLC May 8, 2007 Page 1 J Village at Federal Way Federal Way, WA UPDATED Transportation Impact Study List of Figures Figure1: Project Site Vicinity..................................................................................................................2 Figure2: Conceptual Site Plan...............................................................................................................4 Figure 3: Weekday A.M. Peak Hour Study Intersection Locations........................................................10 Figure 4: Weekday P.M. Peak Hour Study Intersection Locations........................................................11 Figure 5: Weekend Peak Hour Study Intersection Locations................................................................12 Figure6: Project Trip Distribution...................................................,.....................................................23 List of Tables Table 1: Intersection 3-Year Historical Collision Rates...........................................................................6 Table 2: Level of Service Criteria for Signalized and Unsignalized Intersections....................................9 Table 3: Estimated 2006 Weekday A.M. Peak Intersection Levels of Service........................................9 Table 4: 2006 Weekday P.M. Peak Intersection Levels of Service.......................................................13 Table 5: 2006/2007 Weekend Peak Intersection Levels of Service......................................................14 • Table 6: Proposed Land Use - Weekday Project Trip Generation......................................................20 Table 7: Proposed Land Use - Weekend Project Trip Generation . .21 Table 8: Weekday Trip Generation Comparisons.................................................................................21 Table 9: Weekend Trip Generation Comparisons.................................................................................22 Table 10: Estimated 2009 Weekday A.M. Peak Intersection Levels of Service....................................22 = Table 11: Estimated 2009 Weekday P.M. Peak Intersection Levels of Service............ ........................24 Table 12: Estimated 2009 Weekend Peak Intersection Levels of Service ..25 Table 13: Estimated 2020 Weekday A.M. Peak Intersection Levels of Service....................................26 Table 14: Estimated 2020 Weekday P.M. Peak Intersection Levels of Service.'—....I...........................27 Table 15: Estimated 2020 Weekend Peak Intersection Levels of Service..... ....................................... 28 Table 16: 2009 Weekday P.M. Peak Intersection Levels of Service (Improvements)...........................29 -� Table 17: 2020 Weekday P.M. Peak Intersection Levels of Service (Improvements)...........................29 table 18: 2020 Weekend Peak Intersection Levels of Service (Improvements)...................................30 j ._J Table 19: Intersection #34 -13th Place S at S 336th Street Historical Collision Records .......................34 Table 20: Signal Warrant Summary ......................................................................................................35 { j Table 21: 2009 Weekday Peak Hour Site Driveway Operations(UnsignaliizedIntersections Only) .......................35 _J Table 22: 2009 Weekend Peak Hour Site Driveway Operations(UnslgnatlzedIntersections Only) .......................36 ' Table 23: 2020 Weekday Peak Hour Site Driveway Operations (Unsignatized Intersections Only).......................36 _y Table 24: 2020 Weekend Peak Hour Site Driveway Operations (Unsignaliized Intersections Only).......................36 Table 25: Proportional Share Contributions (2009 Buildout Year).......................................................41 i� May 8, 2007 Transportation Engineering NorthWest, LLC Page ii 1 i� Village at Federal Way Federal Way WA UPDATED Transportation Impact Stud INTRODUCTION This traffic study is an update to the Kitts Corner development, completed by Transportation Engineering Northwest, LLC (TENW) in September 2004. The project has been re -named as the Village at Federal lay. The proposed development would consist of up to 110 townhouses and 255,950 square feet of commercial space (59,500 squarefeet of general office space, 178,850 square feet of retail shopping center space, and 17,600 square feet of quality restaurant space) 'on the southwest corder of the SR 99 at S 336'h Street intersection in Federal Way, WA. The original traffic study comprised of 160 residential townhouses, 40,000 square feet of office space, and 139,000 square feet of retail shopping center space. Therefore, the overall land use j assumptions have decreased by approximately 50 townhouses and increased by approximately 19,500 square feet of general office space, 39,850 square feet of retail shopping center space, and 17,600 square feet of quality restaurant space from when the original traffic study was completed. For the purpose of this analysis, the year 2009 and 2020 were selected as build -out years for full completion of the project per City of Federal Way requirements. This transportation impact study addresses the following: ➢ Description of the proposed project. ➢ Assessment of existing conditions through field reconnaissance and review of existing planning documents. ➢ Estimation of weekday vehicular daily, a.m., and p.m. peak hour trips and weekend vehicular daily and peak hour trips generated by the proposed development. ➢ Assignment of weekday a.m., weekday p.m. peak hour, and weekend peak hour project trips onto the existing roadway network. ➢ Evaluation of level of service (LOS) impacts at key intersections during weekday a.m. - peak, weekday p.m. peak, and weekend peak hours. ➢ Assessment of public transportation and nonmotorized transportation impacts. ➢ Evaluation of site access, safety, and circulation issues. ➢ Identification of mitigation measures to maintain acceptable levels of mobility and safety _- based upon City of Federal Way and Washington State Department of Transportation (WSDOT) standards and guidelines. Project Description J The Village at Federal lay development would be located at the southwest quadrant of the SR 99 and S 336ffi Street intersection in Federal Way, Washington. The proposed development would consist of up to 110 townhouses and 255,950 square feet of commercial space (59,500 square j feet of general office space, 178,850 square feet of retail shopping center space, and 17,600 square feet of quality restaurant space). The study area and site location are shown in Figure 1. May 8, 2 Transportation Engineering Northwest, LLC Pagege I J I I R Village at Federal Way Federal Way WA UPDATED Transportation impact Study ki (Not to Scale) enTransportation Figure 1 Engineering NorthWest, LLc Project Site Vicinity Village at Federal. Way Tram1portadon Impaq:Study May 8, 2 Transportation Engineering Northwest, LLC Page 2ge 2 —j Village at Federal Way II Federal Way, WA UPDATED Transportation Impact Stud Vehicular site access would be provided via the construction of new internal roadways, including extension of 13'h Place S onto S 336`' Street, with two additional access points onto S 336`h (. Street (western driveway is full access and eastern driveway is restricted to right -in -right out access), and a restricted right -in -right out access driveway onto Pacific Highway South (SR 99). .The south site driveway (S 340'h Street) onto Pacific Highway South (SR 99) would connect as the west leg of the existing Pacific Highway South (SR 99) at the 16`h Avenue S/SR 161 intersection, which is controlled by a traffic signal, providing full access into and out of the 1 project site at this location. The applicant would construct and fully fund all half street improvements on the north side of the street connecting to this approach. A conceptual site plan showing residential and commercial uses is illustrated in Figure 2. EXISTING CONDITIONS This section describes existing transportation system conditions in the study area.. It includes an inventory of existing roadway conditions, collision history, traffic volumes, intersection levels of service, public transportation services, nonmotorized transportation facilities, and planned roadway improvements. Roadway Conditions 1 The following paragraphs describe existing arterial roadways and intersections that would be used for site access. Roadway characteristics are described in terms of number of lanes, posted speed limits and shoulder types and widths. I-5 is classified by WSDOT as an urban interstate highway. The roadway consists of four, 12- - f _ foot travel lanes in each direction and 10-foot paved shoulders. The speed limit is posted at 60 mph. SR 18 is an urban principal arterial as classified by WSDOT. There are two -travel lanes in each direction. The roadway consists of 12-foot travel lanes with 10-foot paved shoulders. The speed limit is posted at 35 mph. Pacific Highway S (SR 99) is classified by the City of Federal Way as a principal arterial. The roadway consists of four travel lanes with a center, two-way left -turning lane. Travel lanes are 12 feet with 8-to 10-foot paved shoulders on both sides of the street. The posted speed limit is 40 mph. SR 161 (16`h Avenue S/Enchanted Parkway) is a principal arterial as classified by the City of Federal Way. The roadway consists of four tra Tel lanes north of S 363:d Place. Travel .lanes are 11 to 12 feet. Curbs, gutters and sidewalks are located in the vicinity and north of S 360`h Street. The speed limit is posted at 45 mph. S 320`h Street is a six -lane roadway between SR 99 and the I-5 Ramps. The roadway narrows to t 5 travel lanes west of SR 99, with one lane dedicated as a two-way, center left -turning lane, and _1 consists of 4 travel lanes east of I-5. Curbs, gutters and sidewalks are also provided. Travel lanes are 11 to 12 feet. The posted speed limit is 35 mph in the commercial district. { May 8, 2007 Transportation Engineering Northwest, LLC Page 3 J I J Village at Federal Way Federal Way, WA 1, • -'. L:N. _ P � ' WO* 4M 5 p0 p - t d,335 � d_ ,' - i rl p�_ MAP i 9 (Not to Scale) Transportation Engineering NorthWest, LLC UPDATED Transportation Im S 33hth St '#'u°Ii'd'� a sc Ir - N W o- Lk .. ai r� ql v{ f ❑+ I w L7- ° � ° F. 08, v �3 qo' ap wars 152 o .••:ems.. - 'p- i7 L ' Q N Village at Figure 2 Federal. Way Conceptual Site Plan Transportation Engineering Northwest, LLC em Transportation Impact Stud May 8, 2007 Page 4 Village at Federal Way Federal Way, WA UPDATED Trans onation Impact Stud S 336`h Street is a four -lane roadway west of 13s' Place S, a five -lane roadway (2 lanes westbound and 3 lanes eastbound) east of 13`h Place S, and a two-lane roadway east of SR 99. Along the property frontage of the proposed Village at Federal IYiay development, the curb -to -curb pavement width west of 13`h Place S is 44 feet and east of 136' Place S is 55 feet. The .roadway " 1 consists of curbs, gutters and sidewalks west of and 4-foot paved shoulders east of SR 99. The speed limit is posted at 35 mph. 13'h Place S north of 336 h Street S is an unchannelized roadway with curbs, gutters and 1 sidewalks. The curb -to -curb pavement width is 44 feet. Parking is permitted on. both sides of the street. There is no posted speed limit sign. 1 1" Way S/r' Avenue S is a four -lane roadway with curbs, gutters and sidewalks in the vicinity 1 of S 336"' Street. The roadway consists of 11-to 12-foot travel lanes. The speed limit is posted lat 35 mph. I S 348h Street is a four -lane roadway with _a two-way, center left -turning lane. East of SR 99 an additional HOV lane is provided in each direction. The roadway consists of curbs, gutters, and ^] sidewalks. Travel lanes are 11 to 12 feet in width. The posted speed limit is 35 mph. S 356h Street east of 151 Avenue S is a two-lane roadway with 1- to 6-foot paved shoulders. - West of 1" Avenue S, the roadway consists of 4 travel lanes with a two-way, center left -turning lane, 4-foot bicycle lanes, curbs, gutters and sidewalks. Travel lanes are 11 to, 12 feet. The speed limit is posted at 35 mph east of 1' Avenue S and 40 mph west of 1" Avenue S. Collision History The • frequency and severity of collisions are commonly weighted against speed, volume, and _ functional classification of a roadway segment or intersection. These variables are considered in determining if a certain location has an unusually high collision rate. The average annual collision rate is calculated by summing the total number of collisions that occurred at a specified ` intersection or roadway segment during the past three years, and dividing the total by three. Collision data for an intersection is also measured by collision rates per million entering vehicles — (MEV). Collisions per MEV reflect the number of vehicles traveling through an intersection, providing a different indication of design -related versus volume -related incidences. The City of Federal Way identifies safety inadequacies as those intersections with a collision rate greater than 1.0 collisions per MEV. Table 1 summarizes historical collision data as provided by the City of Federal Way for the most recent 3-pear period between January 1, 2003 to December 31, 2005 at all study intersections. Of the 42 study intersections, 17 intersections are considered to be safety inadequacies based upon the City of Federal Way's collision rate standard of 1.0 per MEV. The high number of collisions at intersections are generally attributed to the high traffic volumes traveling through the intersections, negligent driving, drivers failing to yield, and drivers following too closely. 9 May S, 2 -ATransportation Engineering NorthVl/est, LLC Pagege 5 5 J d J Village at Federal Way Federal Way. WA Table 1: Intersection 3-Year Historical Collision Rates UPDATED Transportation ID # Intersections Fatal Collisions Injury Collisions PDO Collisions Total Collisions Average Annual Collision Rate Collision Rate per MEV 1 SR 99 / S 288th St 0 13 18 31 10.3 0.90 2 SR 99 I SR 509 (S Dash Pt Rd) 0 15 23 38 12.7 1.00 3 SR 99 / S 304th St 0 7 1 17 24 8.0 1 0.76 4 SR 99 / S 308th St 0 1 1 13 24 8.0 0.83 5 SR 99 1 S 3 i 2th St 0 27 57 84 28.0 2. 1 3 6 SR 99 / S 316th St 0 10 16 26 8.7 0.75 7 SR 99 1 S 320th St 0 34 100 134 44.7 2.09 8 SR 99 / S 324th St 0 6 29 35 11.7 0.84 9 Sit 99 1 S 3361h St 0 15 40 55 18.3 1.36 10 SR99/SR161/16thAve S 0 2 5 7 2.3 0.24 11 SR 99 / S 344th St 0 4 10 14 4.7 0.83 12 SR 99 / S 348th St 0 12 58 70 23.3 1.36 13 SR 99 / S 356th St 0 10 16 26 8.7 0.80 14 SR 161 / 16th Ave S / S 344th St ❑ 3 2 5 1.7 0.25 15 SR 161 1 SR 18 / S 348th St 0 36 60 96 32.0 1.40 16 SR 161 / Enchanted Pkwy / S 352nd St Q 6 13 19 6.3 0.66 17 SR 161 / Enchanted Pkwy/ S 356th St 0 22 33 55 18.3 2.07 18 1 st Ave S/ S 312th St 0 1 1 2 0.7 0.08 19 1st Ave S 1 S 320th St 0 18 36 54 18.0 1.25 20 1st Ave S / S 330th St 1 6 13 20 6.7 0.73 21 1st Wy S / S 336th St 0 7 14 21 7.0 0.80 22 1st Ave S / S 348th St 0 9 24 .33 11.0 0.79 23 21st Ave SW / SW 336th St 0 37 68 105 35.0 2.58 24 10th Ave S 1 SW Campus Dr 0 1 1 22 33 1 1.0 1.19 25 9th Ave S / S 336th St 0 5 6 11 3.7 0.45 26 20th Ave S / S 336th St 0 3 4 7 2.3 0.49 27 20th Ave 5 1 5 320th St 0 25 32 57 19.0 1.60 28 23rd Ave S 1 S 320th 5t 0 22 41 63 21.0 1.14 29 25th Ave S / S 320th St 0 13 32 45 15.0 0.89 30 1-5 513 Ramps 1 S 320th 5t 0 24 52 76 25.3 1.41 31 1-5 NB Ramps / S 320th St 0 2 0 2 0.7 0.05 32 Weyerehaeuser Way S / S 320th St 0 4 11 15 5.0 0.45 33 Military Rd S / S 320th St 0 2 1 3 1.0 0.07 34 13th PI S / S 336th St 0 1 3 6 9 3.0 0.42 35 Weyerehaeuser Way S / S 336th St 0 2 8 10 3.3 0.57 36 9th Ave S 1 S 348th St 0 18 17 35 1 1.7 1.04 37 1 st Ave S 1 S 356th St 0 13 20 33 11.0 1.19 38 35th Ave SW / SW 340th St 0 3 10 13 4.3 0.64 39 Hoyt Road SW / SW 340th St 0 7 15 22 7.3 0.86 40 SR 161 / S 360th St 0 3 12 15 5.0 0.58 41 21st Ave SW / 5W 320th St 0 19 29 1 48 16.0 1.19 42 21st Ave SW 1 SW 356th St 1 Q 1 17 2$ 1 45 15.0 1.68 Source: Cit}' of Federal Way Corridor Report, July 2006. MEV - ivSillaon entering vehicles. May 8, 2 Transportation Engineering Northwest, LLC Page 6ge 6 �{ Village at Federal Way 11 Federal Way, WA UPDATED TEans oitation Im act Stud Transportation improvements are planned at 14 of the 17 intersections that are considered to be 1 safety inadequacies per City of Federal Way standards identified above in Table 1, which should improve safety issues at these intersections. Recent and future transportation improvement projects on the Pacific Highway S (SR 99) corridor should address safety and capacity related problems at the following 5 intersections: 1) # 2 — SR 99 / SR 509 (S Dash Point Road), 2) #5 — SR 99 / S 312� Street, 3) #7 — SR 99 / S 320'h Street, 4) #9 — SR 99 / S 336"' Street, and 5) #12 — SR 99 / S 348t` Street. Safety inadequacies at the following 9 intersections would be addressed via safety and capacity transportation improvement projects identified in the City's latest 6-year Transportation Improvement Pmgram (TIP) - the TIP projects identified below are summarized in the Planned Transportation Improvements section of this study: 1) Intersection #15 — SR 161 / SR 18 / S 348"' Street would be addressed via TIP project ID #13. 2) Intersection #17 — SR 161 / Enchanted Parkway / S 356h Street would be addressed via TIP project ID #15. 3) Intersection #19 — 1't Avenue S / S 3M h Street would be addressed via TIP projects ID #4 and #19. 4) Intersection #24 — 10'' Avenue S / SW Campus Drive would be addressed via TIP project ID #8. 5) Intersection #27 — 20'' Avenue S / S 320`' Street would be addressed via TIP project ID #10. 6) Intersection #30 — I-5 Southbound Ramps / S 320''' Street would be addressed via TIP projects ID #1a to 1c. 7) Intersection #36 — 9"' Avenue S / S 348"' Street would be addressed via TIP project ID #3. 8) Intersection #41 — 21't Avenue S / SW 320''' Street would be addressed via TIP project ID #18. 9) Intersection #42 — 21't Avenue S / SW 356"' Street would be addressed via TIP project ID #11. There are 3 remaining intersections without planned transportation improvements. The following paragraphs summarize collision type(s) at each intersection with potential improvements to improve current safety issues. It should be noted that the measures identified below are independent of the proposed Village at Federal Wray development as they represent � existing safety issues. ! ➢ Intersection #23 — 2r Avenue SW / SW 336' Street. Approximately 40 percent of all collisions at this intersection were related to approach turns. Current phasing at this F� intersection provides for protected+permitted left -turns at all approaches. With a particularly high number of through and right -turn movements at the intersection, a potential improvement to improve safety issues and minimize turning movement conflicts could be to provide protected left -turns at all approaches. ➢ Intersection #28 — 23' Avenue S / S 32& Street. Roughly 40 percent of all collisions at this intersection were related to rear -ends, with a majority occurring on S 320"' Street. Providing additional signal heads and improving coordination/timing between signals on S 320'h Street should be considered. j May 8, 27 Transportation Engineering Northwest, LLC Page 7 —J %9 I �j Village at Federal Way II Federal Way, WA UPDATED Transportation Impact Stud ➢ Intersection #37 — V Avenue S / S 356`� Street. A majority of collisions at this 1 intersection were related to rear -ends (approximately 45 percent) and approach turns (roughly 40 percent). A number of potential improvements could be provided to include: 1) Current phasing in the eastbound/westbound direction provides for protected+permitted left -turns. With a high number of eastbound/westbound through and right -turn movements, provide protected left -turns. 2) Current phasing is permitted in the northbound/southbound direction with over 1,000 southbound approach volumes (a majority are left- and right -turn movements) and only 80 northbound approach volumes. Due to the relatively high difference between northbound and southbound volumes and turning movements, provide split phasing between the two legs. 3) A westbound right -turn only lane could minimize rear -ends that may be caused from the shared westbound through -right lane. There was one fatality identified at Intersection #20.- 15C Avenue S at S 330`h Street. This 1 collision occurred as a result of one vehicle entering the intersection at a right angle with no other vehicles involved in the collision. This intersection generally averages about 7 collisions per year with a 0.73 MEV. Therefore, it is assumed that the fatality at this intersection was an j aberration and not as a result of any design flaw at the intersection. Existing Peak Traffic Volumes Peak hour traffic volumes typically represent the highest hourly volume of vehicles of the average day passing through an intersection during the typical 7-9 a.m, and 4-6 p.m. peak period. Therefore, these volumes were used to evaluate traffic impacts that would occur as a result of the development. In addition, peak hour volumes on weekends (Saturdays) were also evaluated for traffic impacts. Peak hour turning movements counts were obtained from the City of Federal Way, and All Traffic Data Services Inc. and Traffic Count Consultants, Inc. also conducted peak hour traffic counts. All traffic counts were conducted in 2005, 2006, and 2007. Traffic counts are provided in Appendix A. Intersection Level of Service Level of service (LOS) serves as an indicator of the quality of traffic flow at an intersection or j road segment. The LOS grading ranges from A to F, such that LOS A is assigned when minimal -J delays are present and low volumes are experienced. LOS F indicates long delays and/or forced flow. Table 2 summarizes the delay range for each level of service at both signalized and unsignalized intersections. The methods used to calculate the levels of service are described in the updated 2000Highnray Capacity Manual (Special Report 209, Transportation Research Board). Level of service for signalized intersections is defined in terms of control delay, which is a measure of driver discomfort, frustration, and increased travel time. The delay experienced by a motorist is made of up a number; of factors that relate to traffic control, geometries, traffic demand, and incidents. Total control delay is the difference between the travel time actually �1 experienced and the reference travel time that would result during base conditions (i.e., the absence of traffic control, geometric delay, any incidents, or as a result other vehicles). LOS F at signalized intersections is often considered unacceptable to most drivers, but does not y automatically imply that the intersection is over capacity. May 8, 2 J Transportation Engineering North�/est, LLC Pagege 8 8 1 I J Village at Federal Way Federal Way.. WA UPDATED Transportation Impact Stud Jammed conditions could occur on one or all approaches, with periods of long delays and 1 drivers waiting for multiple signal cycles to progress through the intersection. f For unsignalized intersections, a level of service and estimate of average control delay is -j determined for each minor or controlled movement based upon a sequential analysis of gaps in the major traffic streams and conflicting traffic movements. In addition, given that unsignalized intersections create different driver expectations and congestion levels than signalized intersections, their delay criteria are lower. Control delay at unsignalized intersections include deceleration delay, queue move -up time, stopped delay in waiting for an adequate gap in flows through the intersection, and final acceleration delay. Intersection LOS were calculated using the methodology and procedures outlined in the 2000 Higbmay Capacity Manual, Special Report 209, Transportation Research Board (TRB), using the nchmG, HCS2000, and aaSIDRA_ ,� software programs. The adopted LOS standard in the City of Federal Way is LOS E at signalized and all -way stop intersections with a maximum volume -to -capacity (v/c) ratio of 1.00. Table 2: Level of Service Criteria for Signalized and Unsignalized Intersections Level of Service Signalized Intersection Delay Range (sec) Unsignalaed Intersection Delay Range (sec) A <_10 <_10 B > l0to<_20 > 10to<_15 C > 20to535 > 15to<_25 D > 35to:555 > 25to<_35 E > 55to<_80 > 35to<_50 F > 80 > 50 Source: "�Iighway Capacity Manual", Special Report 209, Transportation Research Board, 2000, Update. The City of Federal Way requires a level of service analysis be conducted at study intersections affected by 100 or more trips during the weekday a.m. peak hour, 10 or more trips during the } weekday p.m. peak hour, and 100 or more trips during the weekend peak hour. Therefore, per the City of Federal Way requirements and in addition to project site driveway intersections onto Pacific Highway S (SR 99) and S 336`h Street, study intersections for LOS analysis comprised of 3 intersections during the a.m. peak hour (it should be noted that Intersection #9 — SR 99 j S 336ffi Street is not impacted by more than 100 trips during the weekday a.m. peak hour, but was analyzed due to its close proximity to project site driveways on SR 99 and S 336" Street), 42 intersections during the p.m. peak hour, and 14 intersections during the weekend peak hour. Figures 3 through 5 summarize study intersection locations analyzed during the weekday a.m. peak hour, weekday p.m. peak hour, and weekend (Saturday) peak hour. Existing weekday peak hour levels of service at study intersections are summarized in Tables 3 and 4. Table 3: Estimated 2006 Weekday A.M. Peak Intersection Levels of Service Signalized Intersection Traffic Control LOS Delay V/C #9 - SR 99 at S 336111 St Signalized C 32 0.61 #10 - SR 99 at 1611 Ave S/SR 161 Signalized B 14 0.39 Unsignalized Intersection Traffic Control LOS Delay V/C #34 - 1311 PI S at S 33611 St EB Left A 9 0.05 SB C 19 0.15 Note: Analysis based on 5ynchro G and HCS 2000 results using H012000 contml delays and L 'S. May 8, 2 Transportation Engineering Northwest, LLC Pagege 9 9 Village at Federal Way Federal Way WA UPDATED Transportation Impact Stud 99 Pover(y Bay 1 sS 298th.5t v, 5 304th St 1 42 in a tn QtA S 08 h St F•t U ITT r x 110, Ot IR °I ai > Q Q l t s1 Q u 3w N � rn a !� N ` 18 Project Site z .„ ' S 360th St F m 3 d Q 99LM Pd '^ o 5 161 do c S 368th St Legend Signalised Study Intersection Unsignalized Study Intersection (Not to Scale) Transportation Rgure 3 Village at %oEngineering Weekday A.M. Peak Hour Federal. Way NorthWest', LLC Study Intersection Locations Transpoitatlon Impact Study %9 Transportation Engineering NorthWest, LLC May 8, 2007 Page 10 Village at Federal Way Federal Way, WA UPDATED Transportation Impact Stud Transportation Figure 4 Village at Engineering Weekday P.M. Peak Hour Federal Way NorthWest, LLC Study Intersection Locations Transpoitadon Impact Study May 8, Transportation Engineering Northwest, LLC Pagege 11 1 1 Village at Federal Way Federal Way, WA UPDATED Transportation Impact Study May 8, Transportation Engineering Northwest, I.LC Pagege 12 12 Village at Federal Way Federal Way, WA UPDATED Transportation Impact Study Table 4: 2006 Weekday P.M. Peak Intersection Levels of bervice ID # Signalized Intersections Traffic Control LOS Delay WC 1 SR 99 / S 288th St Signalized E 59 0.86 2 SR 99 / SR 509 (S Dash Pt Rd) Signalized B 15 0.74 3 SR 99 / S 304th St Signalized B 17 0.74 4 SR 99 / S 308th St Signalized B 12 0.60 5 SR 99 / S 312th St Signalized D 40 0.81 6 SR 99 / S 316th St Signalized B 20 0.60 7 SR 99 / S 320th St Signalized D 37 0.76 8 SR 99 / S 324th St Signalized D 44 0.76 9 SR 99 / S 336th St Signalized C 33 0.64 10 SR 99 / SR 161 / 16th Ave S Signalized C 29 0.45 12 SR 99 / S 348th St Signalized D 44 0.94 13 SR 99 / 5 356th St Signalized E 65 0.93 14 SR 161 / 16th Ave S / S 344th St Signalized B 11 0.43 15 SR 161 / SR 18 / S 348th St Signalized D 39 0.87 16 SR 161 / Enchanted Pkwy / S 352nd St Signalized B 18 0.57 17 SR 161 / Enchanted Pkwy / S 356th St Signalized C 24 0.69 18 1 st Ave S / S 312th St Signalized C 35 0.65 19 1 st Ave S / S 320th St Signalized D 40 0.82 20 1 st Ave S / S 330th St Signalized C 30 0.87 21 1st Wy S / S 336th St Signalized C 31 0.56 22 1 st Ave S / S 348th St Signalized D 51 0.98 23 21 st Ave SW / SW 336th St Signalized D 38 0.91 24 1Oth Ave S / SW Campus Dr Signalized B 19 0.54 25 9th Ave S / S 336th St Signalized D 41 0.73 27 20th Ave S / S 320th St Signalized B 20 0.71 28 23rd Ave S / S 320th St Signalized D 1 51 0.93 29 25th Ave S / S 320th St Signalized B 15 0.76 30 1-5 SB Ramps / S 320th St Signalized D 35 0.92 31 1-5 NB Ramps / S 320th St Signalized B 15 0.69 32 Weyerhaeuser Way S / S 320th St Signalized B 18 0.63 33 Military Rd.S / S 320ch St Signalized E 80. 1.09 36 9th Ave. S 1 S 348th St Signalized. C 25 1.0.1 37 1st Ave S / S 356th St Signalized C 27 0.85 38 35th Ave SW / SW 340th St Signalized B 19 0.75 39 Hoyt Rd SW / SW 340' St Signalized D 37 0.72 40 SR 161 / S 360th St Signalized C 20 0.52 41 21 st Ave SW / SW 320th St Signalized D 36 0.89 42 21st Ave SW / SW 356th St Signalized D 41 0.68 ID # Unsignalized Intersections Traffic Control LOS Delay WC 1 1 SR 99 / S 344th St EB WB NB Left SB Left D C A A 28 25 10 9 0.55 0.29 0.05 0.02 26 20th Ave S / S 336th St EB Left SB A E 9 48 0.06 0.67 34 13th PI S / S 336th St EB Left SB B E 10 47 0.02 0.50 35 Weyerhaeuser Way S / S 336th St Roundabout A 9 0.37 Note: Analysis based on Synchro 6. HC:5 2000, and aa511At1A 2.1 results using 1Ki m 2mu conrroi onays anu u o. May 8, Transportation Engineering Northwest, LLC Pagege 13 13 Village at Federal Way Federal Wa WA UPDATED Trans artatlon Impact Stud As shown above, during the weekday a.m. peak period, all' intersections analyzed currently operate. at LOS C or better with v/c ratios less than 1.00. During the weekday p.m, peak period, Intersections #33 -- Military Road S / S 320'h Street and #36 — 9'h Avenue S / S 348`h Street have a v/c ratio greater than 1.00. All unsignalized intersections operate at LOS E or better with a v/c ratio less than 1.00 under existing conditions during the weekday a.m. peak hour and weekday p.m. peak hour. Detailed level of service summary worksheets are provided in Appendix B. Table 5 summarizes existing weekend peak intersection levels of service. As shown, all intersections operate at LOS E or better with a v/c ratio less than 1.00. Table 5: 2006/2007 Weekend Peak Intersection Levels of Service ID # Signalized Intersections I Traffic Control LOS Delay WC 7 SR 99 / S 320th St Signalized E 80 0.90 8 SR 99 / S 324th St Signalized D 51 0.73 9 SR 99 / S 336th St Signalized C 23 0.50 10 SR 99 / SR 161 / 16th Ave S Signalized D 51 0.43 14 SR 161 / 16th Ave S / S 344th St Signalized A 6 0.31 15 SR 161 / SR 18 / S 348th St Signalized D 51 0.88 16 SR 161 / Enchanted Pkwy / S 352nd St Signalized C 28 0.90 17 SR 161 / Enchanted Pkwy / S 356th St Signalized C 31 0.69 21 1st Wy S / S 336th St Signalized D 47 0.39 25 9th Ave S / S 336th St Signalized C 25 0.25 40 SR 161 / S 360th St Signalized C 22 1 0.44 ID # Unsignalized Intersections Traffic Control LOS Delay V/C 26 20th Ave S / S 336th St EB Left A 8 0.02 SB B 13 0.22 34 13th PI S / S 336th St EB Left A 8 0.02 SB B 13 0.02 35 Weyerhaeuser Way S / S 336th St Roundabout I A 6 0.19 Note: Analysis based on Synchro 6, HCS 2000, and aaSti3RA 2.1 results using rtt,<<t 2000 control amys anu Traffic counts for Intersections #7, 16, 17, 26, 35, and 40 were conducted in April 2007. Public Transportation Services Pierce Transit and King Country -Metro provide public transportation services in the vicinity of the project site. A transit stop is provided on the south side of SR 99 at its intersection with S 336`" Street. Pierce Transit Routes 402 and 500 and Ding County -Metro Routes 174 and 197 stop at this location. A King County -Metro stop is located on S 336`s Street, west of its —� intersection with 13`' Place S for Route 194. All transit stops are served by a covered shelter with a bench and lighting. Both transit stops are located on the proposed property frontage and/or across the street from the proposed development. J Pierce Transit Routes Route 402 provides service to Spanaway, Graham, Puyallup and Federal Way. Northbound service from Spanaway to Federal Way is provided between about 5:30 a.m. until 5:20 p.m. on weekdays and 8:20/9:20 a.m. until 5:20 p.m. on weekends. Southbound service from Federal Way to Spanaway is from 6:25 a.m. to 7:25 p.m. on weekdays and 9:20 a.m. to 6:20 p.m. on weekends. Transit service is provided on average every hour. May 8, Transportation Engineering Northwest, LLC Pagege 14 14 Village at Federal Way Federal W WA UPDATED Transportation Impact Stud Route 500 connects downtown Tacoma with Fife and Federal Way. Northbound service 1 between Tacoma and Federal Way operates from 5:00 a.m. until 11:25 p.m. on weekdays, and 7:30 a.m. until 11:25 pm, on weekends. Southbound service from the Federal Way, to Tacoma operates between 5:40 a.m. to 11:50 a.m. on weekdays, and from 7:35 a.m. until 11:55 p.m. on 1 weekends. Transit stops average every 30 to 60 minutes on weekdays and 60 minutes on weekends. King County -Metro Routes Route 174 provides service to downtown Seattle, Boeing Industrial, Burien, SeaTac, Des Moines, and Federal Way. Service from Federal Way to downtown Seattle begins at 4:15 a.m. on weekdays, 5:15 a.m. on Saturdays, and 6:15 a.m. on Sundays. Daily service from Federal Way to downtown Seattle ends at 2:15 a.m. Service to Federal Way from downtown Seattle operates begins at 5:30 a.m. on weekdays and 6:30 a.m. on weekends. Daily service to Federal Way from downtown Seattle ends at 3:30 a.m. Transit stops average every 30 minutes. Route 194 connects downtown Seattle with SeaTac and Federal Way. Service from Federal Way to downtown Seattle operates between 5:40 a.m. until 8:45 p.m. on weekdays and from 6:00 a.m. until 7:00/8:30 p.m. on weekends. Service to Federal Way from downtown Seattle operates between 4:30 a.m. until 10:00 p.m. on weekdays and from 6:45 a.m. to 6:45/9:45 p.m. on weekends. Transit service averages every half-hour. Route 197 provides weekday service to the University District, Kent -Des Moines, and Federal Way. Morning service is provided from Federal Way to the University District with 5 runs 1 between 5:40 a.m. until 7:30 a.m. with stops averaging every 30 minutes. Afternoon/ evening j service is provided to Federal Way from the University District with 7 runs between 3:05 p.m. until 6:15 p.m. with service averaging every 30 minutes. j Park -and -Ride Lots In addition, there are five park -and -ride options in the vicinity of the Village at Federal Way - 1 development. The Federal Way Transit Center is located at 23`4 Avenue S / S 317``' Street, over 1 1-1/2 miles northeast of the project site. The Federal Way Park -and -Ride is located at S 320`h Street and 25`s Avenue S in the vicinity of I-5, which is approximately 1-1/2 miles northeast of J the proposed development. The Our Saviour's Baptist Church Park -and -Ride is located at 720 S 320"' Street, roughly 1-1/2 miles north of the project site. The South Federal Way Park -and - Ride is located at S 348`' Street and 9"' Avenue S, about 1 mile southwest of the project site. The Sunrise United Methodist Church Park -and -Ride is at the northeast corner of S 356`s Street and 1" Avenue S, approximately 2 miles southwest of the proposed development. Nonmotorized Transportation Facilities In the vicinity of the project site, raised sidewalks are provided on S 336`s Street and adequate shoulders are provided on SR 99. Painted crosswalks are provided at the signalized intersections of Intersection #9 - SR 99 at S 336 h Street and Intersection #21 - 1" Way S at S 336`' Street. May 8, Transportation Engineering Northwest, LLC Page 15ge 15 Village at Federal Way Federal Way, WA UPDATED Transportation Itnact Stud Planned Transportation Improvements The section identifies planned transportation improvements for roadways, intersections and public transportation services that would be impacted by trips from the proposed TlUzge at Federal Way development. These improvements are not guaranteed for construction,' they simply define a need that should be addressed as funding becomes available. —1 The City of Federal Way's Transportation Improvement Plan (TIP), 2007-2012, identified the following transportation improvement projects that would be impacted by 10 or more weekday p.m. peak hour trips (unless otherwise noted) by the proposed development: I ➢ TIP ID #1a - City Center Access Phase 2. This is a design study, with environmental analysis to improve access to the City Center of Federal Way. The estimated project cost is $3,500,000 and is anticipated for completion in 2008. ➢ TIP ID #1b - City Center Access Phase 3. This project would add a second southbound left -turn lane and third southbound right -turn lane at the I-5 Southbound Ramps with S 320`h Street. The estimated project cost is $2,850,000 and is anticipated for completion in 2009. ➢ TIP ID #1c - City Center Access Phase 4. This improvement would widen the S 320`h Street bridge over I-5 and realign the loop ramps and I-5 Northbound Off -Ramp. The estimated project cost is $11,800,000 and is anticipated for completion in 2011. ➢ TIP ID #2 - Pacific Highway S HOV Lanes, Phase 3: S 284`h Street — SR 509. The roadway would add one HOV lane in each direction, a second southbound left -turn lane at its intersection with S 28e Street, install a raised median, and provide a signal at SR 509 and Redondo Way S with interconnect to 116' Place S. The estimated project - cost is $21,400,000 and is anticipated for completion in 2008. ➢ TIP ID #3 - S 348`h Street between 9`h Avenue S and SR 99. Add HOV lanes and install a raised median. Provide a second northbound left -turn lane at SR 99. The 1 project cost is estimated at $4,300,000 and is anticipated for completion by 2008. J ➢ TIP ID #4 - S 320`h Street at V Avenue S. Add a westbound right -turn lane and additional northbound and westbound left -turn lanes would be provided. 1" Avenue S would be widened to 5 travel lanes to S 316'h Street. The estimated project cost is $6,374,000 with an anticipated completion date of 2010. J ➢ TIP ID #5 — SR 99 at S 356`h Street. Add westbound thru-lane and eastbound and northbound left -turn lanes. The project cost is estimated at $7,518,000 and is anticipated for completion in 2007. ] ➢ TIP ID #7 - S 348`h Street at 1" Avenue S. Add westbound and southbound right - rum lanes and additional eastbound and westbound left -turn lanes. The project cost is estimated at $2,430,000 with an anticipated completion date of 2009. ➢ TIP ID #8 — 10' Avenue SW / SW 344`h Street: SW Campus Drive to 21" Avenue SW. Extend 3-lane collectors. Provide sidewalks and street lights. The estimated project cost is $8,632,000 and is anticipated for completion in 2012. g� May 8, Transportation Engineering North�/est, LLC Pagege 16 16 Village at Federal Way Federal Way, WA UPDATED Transportation Impact Stud ➢ TIP ID #10 - S 320`h Street at 20`h Avenue S. Add second eastbound and westbound left -turn lanes. The estimated project cost is $1,482,000 and is anticipated for completion by 2011. ➢ TIP ID #11- 21st Ave SW / SW 357th St: SW 356th St - 22nd Ave SW. Extend the 2-lane collector roadway and provide signal modifications. The estimated project cost is $1,155,000 and is anticipated for completion by 2007. ➢ TIP ID #12 - Pacific Highway S HOV Lanes, Phase 4: SR 509 - S 312`b Street. Add HOV lanes and install a raised median. The project cost is estimated at $19,400,000 with an anticipated completion date of 2010. ➢ TIP ID #13 - SR 18 at SR 161. Add eastbound and westbound right -turn lanes, a third westbound left -turn lane, a second northbound right -turn lane, and a third southbound lane on SR 161 to S 352"d Street. The estimated project cost is $1,737,000 and is anticipated for completion in 2007. ➢ TIP ID #15 — S 356th St: SR 99 - SR 161. Widen the roadway to 5 lanes with bicycle Ianes, sidewalks, and illumination. The project cost is estimated at $5,979,000 with an anticipated completion date of 2011. It should be noted that this madway is not irrmpacied by 10 or more weekday p.m. peak hour trips, however, the proposed development will be benefiting from this TIP pr ject with planned improvements at Intersections # 13 & # 17. ➢ TIP ID #18 — SW 320'h Street at 2V Avenue SW. Add a second westbound right -turn lane and interconnect to 26`h Avenue SW. The project cost is estimated at $1,748,000 with an anticipated completion date of 2010. ➢ TIP ID #19 - S 320`b Street from 1" Avenue S to 8'h Avenue S. Add HOV lanes and install a raised median. The project cost is estimated at $6,763,000 and is anticipated for completion in 2012. ➢ TIP ID #23 — SW 336h Way / SW 340'h Street: 26t' Place SW to Hoyt Road. Widen the roadway to 5 lanes. The project cost is estimated at $7,777,000 with an anticipated completion date of 2012. King County Metro's Six -Year Transit Development Plan, 2002-2007 (Updated November 2004), identified the following planned transit improvements: ➢ Service between Auburn/Green River Community College and Federal Way would improve by 2007 to every 10 to 15 minutes. J➢ Service between Seattle Central Business District and Federal Way would be provided every 30 minutes by 2007. 1 ➢ Service between SeaTac and Federal Way would be improved to every 15 to 20 minutes by 2007. The City of Federal Way provided a base year 2007 Synchro network, which was used as the 2009 baseline without project transportation network. All transportation improvements identified above were assumed to be complete by the year 2009 and 2020 without the proposed development and therefore used as the 2009 and 2020 baseline without project transportation Jnetwork. !J May 8, 7 JI Transportation Engineering North�/est, LLC Pagege 17 Village at Federal Way Federal Way,WA UPDATED Transportation Impact Study TRANSPORTATION IMPACT ANALYSIS The following section describes transportation impacts the proposed Village at Federal lay -� development would have on critical intersections in the site vicinity. The discussion includes non -project related traffic forecasts, new .trips generated by the proposed development, distribution and assignment of new project trips, impacts on levels of service at nearby significant intersections, public transportation services and non -motorized facilities, and site access, circulation, and safety issues. Non -Project Traffic Forecasts For the purpose of this traffic analysis, years 2009 and 2020 were selected as build -out years. _ The City of Federal Way's EMME/2, 2004 Existing, 2009 No action and 2014 No action traffic 1 forecasting models were used to determine baseline without project. travel demand forecasts. Link traffic volumes within the model were applied directly at each intersection from year 2004 to future year 2009 or 2014, which generated a specific growth rate for all approaches at each z intersection. A weighted growth rate was assumed in the area and found to be approximately 2 J percent per year between 2004 and 2009, and roughly 1 percent per year between 2004 and 2014. Thus, to estimate no action volumes, an annual average growth rate of 2 percent per year was used from 2006/2007to 2009 and 1 percent per year between 2006/2007 and 2020. i In addition to the no action growth rates, traffic generated by the following ten (10) pipeline developments were considered to be completed by 2009 and 2020 (forecasts provided in Appendix C): ➢ Opus Crossingwould consist of 224,500 square feet of shopping center space with a health and fitness center. Project volumes were provided by the City of Federal Way. j ➢ FV Marketplace would consist of a 295,000 square feet of commercial uses and a 223,00 square foot super Wal-Mart store. Project volumes were provided by the City of Federal Way. ➢ Campus Ceesewould consist of 115 single-family homes. Project volumes were provided by The Transpo Group, Inc. ➢ Christian Faith Center project volumes were provided by the City of Federal Way. ➢ I-owe's would consist of 169,000 square feet for a home improvement warehouse and garden center. Project volumes were provided by the City of Federal Way. ➢ Prium Mixed -Use would consist of a 143,746 square feet mixed -use building with 54 _ residential units. Project volumes were provided by the City of Federal Way. ➢ Progress Service Centerwould consist of 15,373 square feet of an insurance claim center. Project volumes were provided by the City of Federal Way. _.i ➢ Banner Bank would consist of a 5,100 square foot drive thru bank. This project would generate a total of 40 weekday a.m. peak hour, 150 weekday p.m. peak hour, and 125 J weekend peak hour trips. ➢ The Commons atFWlwould consist of 39,745 square feet of a retail, bank, and restaurant. Project volumes were provided by the City of Federal Way. J ➢ FW Community Centerwould consist of a 78,000 square foot community center. Project volumes were provided by the City of Federal Way. May 8, Transportation Engineering Northwest, LLC Pagege 18 18 Village at Federal Way Federal Way WA UPDATED TrampoMtion Impact Stud Project Trip Generation Trip generation rates compiled by the Institute of Transportation Engineers (ITE) Trip Generation Manual, 7`e Edition, 2003, were used to estimate weekday daily, a.m. peak hour, p.m. peak hour, and weekend daily and weekend peak hour vehicular trip generation by the proposed development. The weekend day was assumed to be Saturday, which would generate more project traffic volumes than on Sundays. Average rate equations were used to determine trip generation for residential condominium/townhouse (ITE Land Use Code 230), general office (ITE Land Use Code 710), shopping center (ITE Land Use Code 820), and quality restaurant (ITE Land Use Code 931). The average rate equation for the shopping center (ITE Land Use Code 820) land used was based upon procedures in the ITE Trip Generation Handbook, March 2001 for Chapter 3.4 Recommended Procedure for Estimating Trip Generation on pages 9 to 11. Taking the procedure all the way to Step 8, the answer to both Question 8A and 8B is "yes." Therefore, it is recommended to choose whichever line (regression equation or weighted average rate) that T best fits the data points at the size of the independent variable in question. With a size of 178,850 square feet, either the regression equation or weighted average rate may be used. The weighted average rate was used since the project site is located within an area that consists of multiple strip malls and retail centers, and is not a stand-alone project. 1 Pass -by trip percentages and internal capture rates were also used in determining net trip generation of the proposed development and based on ITE Trip Generation methodologies. Pass -by Rates Retail and restaurant land uses have a unique characteristic to their trip generation rates. Many of the trips that will use new retail and restaurant developments are not "new" trips. They are existing trips that are or will be traveling near the new retail and restaurant development site, regardless of whether the development were there or not, but have no reason to stop without 1 the development. These existing trips are called pass -by trips and diverted trips. Pass -by trips are those traveling on streets immediately adjacent to the site with easy access. Diverted trips are those that are traveling on other streets that will change their existing travel pattern and divert to the site. Pass -by trips are not considered to have direct impacts on the adjacent transportation facilities Y� because they would be there anyway. It is only the impacts created by existing trips diverted onto different routes and by "new" trips, which would not be made unless the retail and restaurant development occurred, that are considered to be site -specific transportation impacts. Pass -by rates were assumed to be the average rate for retail shopping center (34 percent on weekdays and 26 percent on weekends) and quality restaurant (44 percent on weekdays and weekends), as identified in the ITE Trip Generation Handbook, 2003. Pass -by assumptions 1 reduced the overall external site area trip generation by 19 percent during the weekday a.m. peak hour, 29 percent during the weekday p.m. peak hour, 30 percent during the weekday daily, and 27 percent during the weekend peak hour and weekend daily. In the original Kitts Corner analysis, J an average pass -by rate of 30 percent was used on weekdays and 25 percent on weekends, which is the same or lower on weekdays and 2 percent higher on weekends. May 6, Transportation Engineering North�/est, LLC Pagege 19 19 i J Village at Federal Way i Federal Way,WA UPDATED Transportation Impact Stud J Internal Trips To account for trips made between uses within the development, an evaluation was conducted to determine the potential for internal trip reduction of the site area as a whole. This trip reduction potential or ."capture" of trips internal to the site has the net effect of reducing vehicle trip making and impacts to the external street system outside of the site area. Variable internalization assumptions, based upon documented research by ITE of internalization potential, were made for "linked trips" that would occur between these uses and stay internal to the site area based upon the type, size, and amount of retail, and the internalization market with jobs and residents. For the proposed development, based upon ITE Trip Generation methodologies, internalization adjustments of 10 percent during the weekday a.m. peak hour, 8 percent during the weekday p.m. peak hour, 6 percent during the weekday daily, and 4 percent during the weekend peak hour and weekend daily were made. It should be noted that in the original Kitts Corner analysis, an overall internalization adjustment of 10 percent was used in estimating weekday and weekend project trip generation. Therefore, the overall internal rates are the same or lower during peak weekdays, and lower by 6 percent on weekends. Trip Generation Results Tables 6 and 7 summarize estimated trip generation by the proposed action on weekdays and Saturdays Cl worst -case" weekend scenario). On weekdays, a total of 6,730 daily, 241 a.m. peak hour (154 entering and 87 exiting), and 603 p.m. peak hour vehicular trips (285 entering and 318 exiting) would be generated at full build -out. A total of 7,880 daily and 797 (417 entering and 380 exiting) peak hour vehicular trips would occur on Saturdays. Tah1p 6! Frnnnsed Land Use - Weekday Proiect Tria Generation Land Use ITE Land Use Code Size A.M. Peak Hour' P.M. Peak Hour' Daily Trips' Enter Exit Total Enter Exit Total Residential Condominium/Townhouse 230 110 Dwelling Units 8 40 48 38 19 57 6 00 Less Internal Trips' -2 -11 -13 -13 -10 -23 -200 Residential CondominiunalTownhouse Trips 6 29 35 25 9 34 400 General Office 710 59,950 Gross Leasable Area 81 11 92 15 74 89 700 Less Internal Tr1ps3 -2 -2 -4 -5 -9 -14 -130 General Office Trips 79 9 88 10 65 75 570 Shopping Center 820 178,850 Gross Floor Area Area 112 72 184 322 349 671 7,700 Less Internal Trips3 -12 -4 -15 -16 -15 -32 -310 Less Pass -by Tr -34 -23 57 104 113 -217 -2,500 Shopping CenterTrips1 66 45 112 202 221 422 4,890 Quality Restaurant 931 17,600 Gross Floor Area 7 7 14 88 44 132 1,600 Less Internal Trips' -1 0 -2 -2 -2 -3 -30 Less Pass -by Trips' -3 -3 -6 -38 -19 -57 -700 Quality Restaurant Trips 3 4 6 1 48 23 1 72 1 870 Total Project Trip Generation -- 208 130 338 463 486 949 10,600 Less Internal Trips3 -- - -17 -17 -34 -36 -36 -72 -670 Less Pass -by Trips4 -- -37 1 -26 -63 -142 -132 -274 -3,200 Project Trip Generation -- - 154 1 87 1 241 285 1 318 603 6,730 1. Trip rates based on ITE Trip Generation, 7th Edition, 2003 2. Internal capture rates based upon Table 7.1 and 7.2 in the ITE Trip Generation Handbook, March 2001. 3. Passby percent based upon documented average rate For LUC 820 and LUC 931 from ITE Trip Generation Handbook, March 2001. i May 8, ` 1 19 Transportation Engineering Northwest, LLC Pagege 20 20 i I Village at Federal Way Federal Way WA UPDATED Transporration impact Study Table 7: Proposed Land Use - Weekend Project Trip Generation Land Use ITE Land Use Code Size Peak Hour' Daily Trips' Enter E1dt Total Residential Condominium/Townhouse 230 110 Dwelling Units 28 1 24 52 600 Less Internal Trips' -10 1 -8 -18 -200 Residential Condominium/Townhoase Tilps 18 16 34 400 General Office 710 59,950 Gross Leasable Area 13 11 24 100 Less Internal Trips' -5 _2 -7 -20 General Office Thps 8 9 17 80 :Shopping Center 820 178,850 Gross Floor Area 453 436 889 8,900 Less Internal Trips' _9 _14 -23 -200 Less Pass -by Trips' 115 -1 10 -225 -2,300 Shopping Center Trips 329 312 641 6,400 Quality Restaurant 931 17,600 Gross Floor Area 112 78 190 1,700 Less Internal Trips' 1 -1 2 0 Less Pass -by Trips' -49 -34 -83 -700 Quality Restaurant Trips 62 43 105 1,000 Total Project Trip Generation 606 549 1,155 11,300 Less Internal Trips' -- -25 25 -50 -420 Less Pass -by Trips' -• 4 -144 -308 0 L78 Project Trip Generation -- -- ±17 380 797 0 1. Trip rates based on ITE Trip Gvieraliun, 70, Edition, 2003 2. Internal capture rates based upon Table 7.1 and 7.2 in the ITE Trip Generation Handbook, March 2001. 3. Passby percent based upon documented average rate for LUC 820 and LUC 931 from ITE Trip Generation Handbook, March 2001. Tables 8 and 9 compare the trip generation under current land use assumptions with those identified in the original traffic study completed for Kitts Corner during weekday and weekend conditions. As shown, weekday trip generation would increase by 31 a.m. peak hour trips, 133 p.m. peak hour trips, and 1,630 daily trips on weekdays. Weekend trip generation would increase by 272 trips during the peak hour and 2,480 daily trips. Since the methodology in estimating trip generation for this project is more consistent with pass - by and internal trip adjustment factors identified in the ITE Trip Generation Handbook, March i 2001, overall project trip generation increases on weekdays and weekends. Pass -by and internal trip percent adjustments are lower under the current analysis than what was identified in the w original traffic analysis, thereby increasing net trip generation estimates on weekdays and weekends. Tahlp At Wopkrlav Trin Generation Colmnarisons Land Use (On Weekdays) A.M. Peak Hour P.M. Peak Hour Dail Enter Exit Total Enter Exit Total Trips Current Project Trip Generation 154 87 241 285 318 603 7,730 Original Traffic Study Trip Generation 115 95 210 220 245 470 5,100 Weekday Trip Generation Difference 39 -8 31 65 73 133 1,630 1 - Original Kitts Corner Traffic Study, completed by TEN W m September Z004. May 8, Transportation Engineering Northwest, LLC Pagege 21 21 Village at Federal Way Federal Way, WA UPDATED Transportation Impact Study TAIP 9- Wpskond Trin Ceneratinn Cmmnarisom Land Use (On Weekends) Peak Hour Daily Enter I Exit Total Trips Current Project Trip Generation 417 380 797 7,880 Original Traffic Study Trip Generation' 280 245 525 5,400 Weekday Trip Generation Difference 337 135 272 1 2,480 i - urigmw "as t-orner i wric z,=y, compietea oy i ji-4w m zeptemoer /uu +. Trip Distribution and Assignment j -Existing traffic patterns, standard traffic engineering practices and guidelines, and the EMME/2 1 forecasting model were used to distribute trips generated by the Village at Federal lay development. In general, trip distribution from the site is predicted to be the following (also shown in Figure 6): ➢ 13 percent northerly via I-5, SR 99, and 15Y Way S. ➢ 26 percent southerly via I-5, SR 161, SR 99, 1" Avenue S, and 1 6`h Avenue SW. ➢ 15 percent easterly via S 320`h Street, Military Road, S 336`h Street, and SR 18. 1 ➢ 10 percent westerly via S 320"' Street, S 336"' Street, and S 350h Street. ➢ 19 percent to neighborhood districts in the vicinity of the project site. r ➢ 17 percent local to business and commercial districts on SR 99, S 320t` Street, S 336ffi 4 Street, S 3486 Street, and S 356`h Street. Intersection Level of Service Impacts Intersection levels of service impacts were evaluated at study intersections in 2009 and 2020 during the weekday a.m. peak hour, weekday p.m. peak hour, and weekend peak conditions. Detailed level of service summary worksheets are provided in Appendix B. 2009 Level of Service Impacts I Tables 10 and 11 summarize 2009 levels of service during the weekday a.m. and p.m. peak hour. The study intersections analyzed during the weekday a.m. peak hour would operate at LOS C or better with a v/c ratio less than 1.00 in 2009 with and without the project. Takla 1 fL Fctimatpei 9nng Wpokda►► A_M- Peak Intersection Levels of Service ID # Signalized Intersections Traffic Control Without Project With Project LOS Delay V/C LOS Delay WC 9 SR 99 / S 336th St Signalized C 30 0.61 C 32 0.63 10 SR 99 / SR 161 / 16th Ave S Signalized A 8 0.43 B 11 0.43 34 13th PI S / S 336th St Signalized -- -• -- A 4 0.31 ID # Unsignalized Intersections Traffic Control LOS Delay V/C LOS Delay V/C 34 13th PI S / S 336th St EB Left A 9 0.04 -- -- -- SB C 18 0.12 -- - - r4ote: Ariarysis uasea on optirruzeo cycle iengtns ana spits using aynuuo o.V anu Mi ,a cwV rcauiu U„.,K.,..... ­..., �........�—.1....•.----- May 8, Transportation Engineering TlorthWest, LLC Pagege 22 22 Village at Federal Way Federal Way, WA UPDATED Transportation Impact Stud IJ (Nol to ScaEe) Transportadon Figure 6 Engineering NorthWest, LLC Project Trip Distribution NorthWest, %9 Transportation Engineering NorthWest, LLC Village at Federal. Way Transporm6on Impact;Study May 8, 2007 Page 23 'J Village at Federal Way Federal Way WA UPDATED Transportation Impact Study Table 11: Estimated 2009 Weekday P.M. Peak Intersection Levels of Service Without Project With Project ID # Signalized Intersections TraicControf LOS Delay V/C LOS Delay V/C 1 SR 99 / S 288th St Signalized C 34 0.65 C 34 0.66 2 SR 99 / SR 509 (S Dash Pt Rd) Signalized C 21 0.77 C 21 0.77 3 SR 99 / S 304th St Signalized B 17 0.78 B 17 0.79 4 SR 99 / S 308th St Signalized B 12 0.61 B 12 0.62 5 SR 99 / S 312th St Signalized D 40 0.86 D 40 0.86 6 SR 99 / S 316th St Signalized C 21 0.70 C 21 0.71 7 SR 99 / S 320th St Signalized D 41 0.79 D 41 0.81 8 SR 99 / S 324th St Signalized D 37 0.90 D 38 0.91 9 SR 99 / S 336th St Signalized D 36 0.72 D 41 0.76 10 SR 99 / SR 161 / 16th Ave S Signalized B 20 0.63 D 36 0.66 11 SR 99 / S 344th St Signalized C 23 0.52 C 23 0.53 12 SR 99 / S 348th St Signalized; F 82' 1.01 F 82: 1.02 13 SR 99 / S 356th St Signalized D 46 0.90 D 47 0.91 14 SR 161 / 16th Ave S / S 344th St Signalized B 12 0.50 B 12 0.52 15 SR 161 / SR 18 / S 348th St Signalized D 51 0.91 D 53 0.92 16 SR 161 / Enchanted Pkwy / S 352nd St Signalized C 21 0.65 C 21 0.68 17 SR 161 / Enchanted Pkwy / S 356th St Signalized C 24 0.80 C 25 0.80 18 1st Ave S / S 312th St Signalized C 35 0.67 C 35 0.68 19 1st Ave S / S 320th St Signalized C 35 0.78 D 36 0.79 20 1st Ave S / S 330th St Signalized C 22 0.86 C 23 0.89 21 1st Wy S / S 336th St Signalized C 27 0.65 C 28 0.71 22 1 st Ave S / S 348th St Signalized C 29 0.79 C 30 0.80 23 21st Ave SW / SW 336th St Signalized D 53 0.90 D 53 0.90 24 1 Oth Ave S /. SW Campus Dr Signalized B 17 0.62 B 18 0.64 25 9th Ave S / S 336th St Signalized D '38 0.78 D 35 0.82 26 20th Ave S / S 336th St Signalized B 17 0.49 B 18 0.52 27 20th Ave S / S 320th St Signalized B 18 0.65 B 17 0.65 28 23rd Ave S / S 320th St Signalized E 57 0.94 E 58 0.95 29 25th Ave S / S 320th St Signalized B 14 0.77 B 14 0.78 30 1-5 SB Ramps / S 320th St Signalized C 26 1 .78 C 27 0.79 31 1-5 NB Ramps 1 S 320th St Signalized B 18 0.72 B 18 0.72 32 Weyerhaeuser Way 5 / 5 320th -St Signalized B 17 0.71 B 17 0.74 33 Military Rd 5 / S. 320th St Signalized E 75- 1.08 E 77' 1':09 34 13th PI 5 1 S 336th St Signalized -- A 10 0.52 36. 9th Ave S I S 348th St Signalized D 38 1-08 D 39 1.03 37 1 st Ave S / S 356th St Signalized C 28 0.88 C 31 0.89 38 35th Ave SW / SW 340th St Signalized C 23 0.44 C 23 0.45 39 Hoyt Rd SW / SW 340' St Signalized D 39 0.54 D 39 0.55 40 SR 161 / S 360th St Signalized B 18 0.57 B 18 0.61 41 21 st Ave SW / SW 320th St Signalized D 35 0.92 D 36 0.92 42 21 st Ave SW / SW 356th St Signalized C 24 0.77 C 24 0.77 ID # Unslgnalized intersections Traffic Control LOS Delay V/C LOS Delay V/C 34 13th PI S / S -336th St EB Left B 10 0.02 - -- SB F 52 0,53 1-- -- - 35 1 Weyerhaeuser Way S / S 336th St Roundabout A 7 0.39 1 A 7 0.46 No:c: :loialt's:s based on optimized cycle lengths and splits using Synchro 6.0 and HCS 2000 results Using HCM 2000 control delays and LOS May8, Transportation Engineering Northwest, LLC Pagege 24 24 Village at Federal Way I Federal Way,WA UPDATED Transportation Impact Stud During the weekday p.m. peak hour, Intersection #12 - SR 99 / S 348t" Street would operate at 1 LOS F with a v/c ratio greater than 1.00 with and without the project in 2009. The following 2 intersections have. a v/c ratio greater than 1.00 with and without the project in 2009: 1) #33 - Military Road S at S 320u' Street, and 2) #36 - 9th Avenue S / S 348`s Street. All other 1 intersections during the weekday p.m. peak hour are anticipated to operate at LOS E. or better I with a v/c ratio of 1.00 or less in 2009 with and without the project. Intersection #34 -- 13u' Place S at S 336`h Street would operate at LOS F as an unsignalized intersection without the project in 2009. As part of the proposed development, this intersection would be signalized, and therefore, would improve its level of service to LOS B with the project in 2009. Table 12 summarizes weekend peak intersection levels of service in 2009. As shown, all intersections analyzed would operate at LOS E or better with a v/c ratio of 1.00 or less with and without the project in 2009. Table 12: Estimated 2009 Weekend Peak Intersection Levels of Service ID # Signalized Intersections Traffic Control Without Project With Project LOS Delay V/C LOS Delay V/C 7 SR 99 / S 320th St Signalized E 61 0.96 E 65 0.97 8 SR 99 / S 324th St Signalized C 33 0.86 C 34 0.84 9 SR 99 / S 336th St Signalized B 19 0.50 C 25 0.55 10 SR 99 / SR 161 / 16th Ave S Signalized D 37 0.58 D 41 0.59 14 SR 161 / 16th Ave S / S 344th St Signalized B 20 1 0.51 C 1 20 0.54 15 SR 161 / SR 18 / S 348th St Signalized D 51 1 0.98 D 1 53 1.00 16 SR 161 / Enchanted Pkwy / S 352nd St Signalized C 31 0.90 C 32 0.93 17 SR 161 / Enchanted Pkwy / S 356th St Signalized C 22 0.77 C 23 0.79 21 1st Wy S / S 336th St Signalized C 1 33 0.42 C 34 0.49 25 9th Ave S / 5 336th St Signalized C 22 0.24 C 20 0.30 34 13th PI S / S 336th St Signalized -- - -- A 10 0.30 40 SR 161 / S 360th St Signalized B 16 0.52 B 16 0.54 ID # Unsignalized Intersections Traffic Control LOS Delay WC LOS Delay V/C 26 20th Ave S / S 336th St EB Left A 8 0.02 A 1 8 0.02 SB B 14 0.25 C 16 ..28 34 13th P1 S / S 336th St EB Left A 9 0.01 SB C 16 0.02 - - -- 35 Weyerhaeuser Way S / S 336th St Roundabout A 6 0.20 A 7 0.23 Note: Analysis based on optimized cycle lengths and splits using Synchro 6.0 and HCS 2000 results using HCM 2000 control delays and LOS. 2020 Level of Service Impacts Tables 13 and 14 summarize 2020 weekday a.m. and p.m. peak hour levels of service. During the weekday a.m. p.m. peak hour, all intersections analyzed are anticipated to operate at LOS C or better with a v/c ratio of 1.00 or less with or without the proposed project in 2020. May 8, 19 Transportation Engineering TlorthWest, LLC Pagege 25 25 Village at Federal Way Federal Way. WA UPDATED Transporution Impact Study TahlP 1 3! Estimated 2020 Weekday A.M. Peak Intersection Levels of Service ID # Signalized Intersections Traffic Control Without Project With Project LOS Delay WC LOS Delay WC 9 SR 99 / S 336th St Signalized C 29 0.64 C 31 0.64 10 SR 99 / SR 161 / 16th Ave S Signalized B 12 0.50 B 15 0.52 34 13th PI S / S 336th St Signalized A 4 0.33 ID # Unsignalized Intersections Traffic Control 1 LOS Delay WC LOS Delay WC 34 13th PI S / S 336th St EB Left I A 10 0.05 - - SB I C 19 0.14 - -- -- .,r Note: Analysis based on optimized cycle lengths and splits using Synchro 6.0 and HLb -Zut1V results using tip A cUuu conaui U-ya a U ,- During the weekday p.m. peak hour, the following 3 intersections would operate at LOS F with a v/c .ratio greater than 1.00 with and without the project in 2020: 1) #12 — SR 99 /. S 348`, Street, 2) #28 — 23`a Avenue S / S 320" Street, and 3) #33 — Military Road S at S 320" Street. Intersection #36 — 9" Avenue S / S 348" Street would have a v/c ratio greater than 1.00 with and without the project in 2020. Intersection #23 — 215t Avenue SW / S 336`h Street would have a v/c ratio greater than 1.00 with the project only in 2020. All other intersections during the weekday p.m. peak hour are anticipated to operate at LOS E or better with a v/c ratio of 1-00 or less in 2020 with and without the project. Intersection #34 — 13`' Place S at S 336' Street would operate at LOS F as an unsignalized intersection without the project in 2020. As part of the proposed development, this intersection would be signalized, and therefore, would improve its level of service to LOS A with the project in 2020. Table 15 summarizes weekend peak intersection levels of service in the year 2020. As shown, Intersection #7 — SR 99 / S 320* Street would operate at LOS F with the project in 2020 and have a v/c ratio greater than 1.00 with and without the project is 2020. Intersections #15 — SR 161 / SR 18 / S 348`h Street and #16 — SR 161 / S 352e° Street would have a v/c ratio greater than 1.00 with and without the project in 2020. All other intersections analyzed would operate at LOS E or better with a v/c ratio of 1.00 or less with or without the proposed project in 2020 during the weekend peak hour. Future Intersection Needs This section identifies potential intersection improvements to those locations estimated to operate at LOS F and/or consist of a v/c ratio .greater than 1.00 under 2009 and 2020 conditions during the weekday a.m. peak hour, weekday p.m. peak hour, and weekend peak hour. Based upon the intersection level of service analysis conducted above, transportation improvements are only anticipated as a result of deficiencies during the 2009/2020 weekday p.m. peak hour and 2020 weekend peak hour. All deficient intersections would operate at LOS F and/or consist of a v/c ratio greater than 1.00 with and without the development during 2009 and 2020 weekday p.m. peak hour and weekend peak hour conditions, except for Intersection #23 — 21" Avenue SW / S 336thStreet, which would have a v/c ratio greater than 1.00 with the project only in 2020. All other intersection improvements would be warranted without the proposed Villa at Federal Way project. May 8, Transportation Engineering Northwest, LlC Pagege 26 26 Village at Federal Way Federal Way, WA UPDATED Trans ortation Impact Stud Table 14: Estimated 2020 Weekday P.M. Peak Intersection Levels of Service ID # Signalized Intersections Traffic Control Without Project LOS Delay WC With Project LOS Delay WC 1 SR 99 / S 288th St Signalized C 34 0.68 C 35 0.68 2 SR 99 / SR 509 (S Dash Pt Rd) Signalized C 22 0.84 C 22 0.84 3 SR 99 / S 304th St Signalized C 21 0.85 C 21 0.85 4 SR 99 / S 308th St Signalized B 13 0.62 B 12 0.63 5 SR 99 / S 312th St Signalized D 42 10.92 1 D 1 43 0.93 6 SR 99 / S 316th St Signalized C 22 0.76 C 22 0.70 7 SR 99 / S 320th St I Signalized D 41 0.88 D 41 0.93 8 SR 99 / S 324th St Signalized D 44 0.96 D 44 0.98 9 SR 99 / S 336th St Signalized D 42 0.83 D 44 0.88 10 SR 99 / SR 161 / 16th Ave S Signalized D 48 0.71 D 45 1 0.71 1 1 SR 99 / S 344th St Signalized C 25 1 0.55 C 24 0.56 12 SR 99 / S 348th St Signalized F 99 1.07 F > 100 1.08 13 SR 99 / S 356th St Signalized E 63 0.94 E 63 0.95 14 SR 161 / 16th Ave S / S 344th St Signalized B 14 0.53 B 14 0.55 15 SR 161 / SR 18 / S 348th St Signalized E 59 0.96 E 1 61 0.97 16 SR 161 / Enchanted Pkwy / S 352nd St Signalized C 21 0.72 C 21 0.74 17 SR 161 / Enchanted Pkwy / S 356th St Signalized C 27 1.0.84 C 29 0.84 18 1 st Ave S / S 312th St Signalized D 36 0.74 D 37 0.74 19 1 st Ave S / S 320th St Signalized D 42 0.85 D 42 0.85 20 1 st Ave S / S 330th St Signalized C 28 0.93 C 29 0.95 21 1st Wy S /'S 336th St Signalized C 27 0.71 C 26 0.76 22 1 st Ave S / S 348th St Signalized C 29 0.87 C 30 0.90 23. 21 st Ave SW / SW 336th St Signalized E 65 0.96 E 68 1.03 24 1 Oth Ave S / SW Campus Dr Signalized C 29 0.71 C 30 0.72 25 1 9th Ave S / S 336th St Signalized C 35 1 0.82 D 40 0.90 26 20th Ave S / S 336th St Signalized C 25 0.56 C 27 0.59 27 20th Ave S / S 320th St Signalized B 18 0.69 B 18 0.70 28 23rd Ave 5. /'S 320th St 5lnriali;ed: F. 83 I .Q6 F . 831 1.: 29 25th Ave S / S 320th St Signalized B 16 0.85 B 18 0.85 30 1-5 SB Ramps / S 320th St Signalized D 36 0.89 D 36 0.90 31 1-5 NB Ramps / S 320th St Signalized C 23 0.78 C 24 0.78 32 Weyerhaeuser Way S / S 320th St Signalized B 18 0.80 B 18 0.82 33 Miftarji Rd S 1'S 320th St Signalized F 98 1.16 F 100 1.17 34 13th PI S / S 336th St Signalized -- -- A 9 0.56 36 9th Ave 5 1 S: 348th S.t. S.ignallzed: D. 51 1.15 D ... 52 1.15 37 1st Ave S / S 356th St Signalized D 46 0.96 D 46 0.98 38 35th Ave SW / SW 340th St Signalized B 14 0.48 B 14 0.49 39 Hoyt Rd SW / SW 3401 St Signalized C 32 0.63 C 32 0.63 40 SR 161 / S 360th St Signalized B 19 0.60 B 19 0.62 41 21 st Ave SW / SW 320th St Signalized D 39 0.96 D 39 1 0.96 42 21st Ave SW / SW 356th St Signalized C 27 1 0.81 C 27 0.81 ID # llnsignalized Intersections Traffic Control LOS Delay I WC LOS Delay V/C 34 13th PI S / S 336th St EB Left SB: B F 11 >100 0.02 0:85 -• -- - -- - - 35 Weyerhaeuser Way S / S 336th St Roundabout A 7 0.41 A 7 0.50 Note, Analysis based on optimized cycle lengths and splits using Synchro 6.0 and HCS 2000 results using HCM 2000 control delays and LOS. May 8, 7 Transportation Engineering Northwest, LLC Pagege 27 I j j Village at Federal Way Federal Way, WA UPDATED Transportation Impact Study Tmhla 1 S• FctimataA 9A9f1 Waalranti Paak Intarcartinn Levelc of Service ID # Signalized Intersections Traffic Control Without Protect With Proieet LOS Delay WC LOS Delay V/C 7 SR 99 f 5 320th St Signalized E 77 1.04 F 81 1.06 8 SR 99 / S 324th St Signalized ❑ 39 0.93 D 42 0.95 9 SR 99 / S 336th St Signalized C 23 0.57 C 25 0.60 10 SR 99 / SR 161 / 16t h Ave S Signalized D 38 0.61 D 42 0.62 14 SR 161 / 16th Ave S / S 344th St Signalized B 20 0.54 B 1 19 0.58 1 S SR 161 / SR 18 1 S 348.th St �tnalled E 62 1.04 E 65 1.06 16 SR 14.1 1 Enchanted Pkwy / S 35.2nd St Signalized D 43 1.04 D 4.3 1.04 17 SR 161 / Enchanted Pkwy /S 356th St Signallied C 27 0.83 C 27 0.86 21 1 st Wy S / S 336th St Signalized D 37 0.45 D 42 0.53 25 9th Ave S / S 336th St Signalized C 28 0.27 C 28 0.32 34 13th PI S / S 336th St Signalized -- -- A 8 0.31 40 SR 161 / S 360th St Signalized B 18 0.58 B 18 0.61 ID # Clnsignalized Intersections TrafBcControl LOS Delay V/C LOS Delay V/C 26 20th Ave S / S 336th St EB Left A 8 0.02 A 8 0.02 SB C 15 0.28 C 17 0.32 34 13th PI S / S 336th St EB Left A 9 0.01 - -- - SB C 17 0.03 - 35 1 Weyerhaeuser Way S / S 336th St Roundabout A 6 0.22 A 7 0.25 Note: Analyses based on optmuzcu cycle iengus and spots using ayncnro o.0 and rn-z auuu resuics UNU16 raLsn 4- a= u Potential baseline traffic improvements are summarized in subsequent paragraphs, with improved level of service results shown in Tables 16 and 17 during 2009 and 2020 future conditions. As shown below in Table 16 during the weekday p.m. peak hour in 2009, traffic improvements would be needed at Intersection #12 - SR 99 at S 348t' Street, Intersection #13 - SR 99 at S 356"' Street, Intersection #33 - Military Road S at S 320'" Street, and Intersection #36 - 9'h Avenue S at S 348`h Street with and without the' proposed development. Traffic improvements are assumed to be the following in 2009 as a result of deficiencies during the weekday p.m. peak hour: ➢ Intersection #12 - SR 99 at S 348`h Street: Provide an eastbound right -turn lane. This intersection's level of service would improve to LOS E with a v/c ratio less than 1.00. ➢ Intersection #33 - Military Road S at S 320'b Street: Construct an eastbound right - turn lane. This intersection's level of service would improve to LOS D with a v/c ratio less than 1.00. ➢ Intersection #36 - 9`h Avenue S at S 348'h Street: Provide a westbound right -turn lane. This intersection's level of service would improve to LOS C with a v/c ratio less than 1.00. May 8, Transportation Engineering Northwest, LLC Pagege 28 28 Village at Federal Way Federal Way, WA [UPDATED Transportation Impact Study Tml,la 1 A- 9nn9 wppkeia►r P-M- Peak Intersection Levels of Service (Improvements) ID # Signalized Intersections Traffic Control Without Project With Project LOS Delay WC LOS Delay I V/C 12 SR 99 / S 348th St' Signalized E 73 0.97 E 72 0.94 33 Military Rd S / S 320th Ste Signalized D 49 0.90 D 50 0.90 36 9th Ave S / S 348th St' Signalized C 23 0.98 C 24 0.94 All Note: Analysis based on optimized cycle lengths and splits using Synchro 6.0 ana t-tta euuu results using nl,,n cvvv LVLJUV I . -14 1 — Provide an eastbound right -turn lane. 2 — Construct an eastbound right -turn lane. 3 — Provide a westbound right -turn lane. os. As shown below in Table 17 during the weekday p.m. peak hour in 2020, traffic improvements would be needed at Intersection #12 — SR 99 at S 348`h Street, Intersection #28 — 23`d Avenue S at S 320a' Street, Intersection #33 — Military Road Sat S 320'h Street, and Intersection #36 — 9`h Avenue S at S 348`h Street with and without the proposed development. Traffic improvements are assumed to be the following in 2020 as a result of deficiencies during the weekday pm. peak hour: ➢ Intersection #12 — SR 99 at S 348h Street: Provide a second eastbound left -turn lane, an eastbound right -turn lane, and reconfigure westbound leg to provide one left -turn only lane, two through lanes, and one through -right lane. This intersection's level of service would improve to LOS D with a v/c ratio less than 1.00. ➢ Intersection #tB — 23'd Avenue S at S 320d' Street: Construct a westbound right -turn lane. This intersection's v/c ratio would improve to less than 1.00. This improvement is needed with the project in 2020 only. ➢ Intersection #28 — 23'd Avenue S at S 320`h Street: Provide a westbound right -turn lane. This intersection's level of service would improve to LOS E with a v/c ratio less than 1.00. ➢ Intersection #33 — Military Road S at S 320`h Street: Construct eastbound and westbound right -turn lanes. This intersection's level of service would improve to LOS D with a v/c ratio less than 1.00. ➢ Intersection #36 — 9`h Avenue S at S 348 h Street: Provide a westbound right -turn lane and second southbound left -turn lane. This intersection's level of service would improve to LOS C with a v/c ratio less than 1.00. Table 17: 2020 Weekday P.M. Peak Intersection Levels of Service ID # Signalized Intersections 12 SR 99 / S 348" St' 23 21st Ave SW / SW 336th 28 23rd Ave S / S 320th St' 33 Military Rd S / S 320th St" 36 1 9th Ave S / S 348th Se Traffic Control Without Project With Project LOS I Delay WC LOS Delay VIC Signalized D 43 0.96 D 43 0.97 Signalized E 55 0.94 E 56 0.94 Signalized E 60 0.96 E 61 0.96 Signalized D 47 0.96 D 48 0.97 Signalized C 22 0.87 C 22 1 0.87 Note: Analysis based on optimized cycle lengths and splits using Synchro 6.0 and HCS 2000 results using HCM 2M control delays and LOS 1 — Provide a second eastbound left -turn lane, an eastbound right -turn lane, and reconfigure westbound leg to provide one left -turn only lane, two through lanes, and one through tsght lane. 2 — Construct a westbound right -turn lane. 3 — Provide a westbound right -turn lane. 4 — Construct eastbound and westbound right -tun lanes 5 — Provide a westbound right -turn lane and second sourhbound left -turn lane. May 8, Page 07 29 Transportation Engineering Northwest, LLC Page 29 Village at Federal Way Federal Way, WA UPDATED Transportation Impact Stud As shown below in Table 18 during the weekend peak hour in 2020, traffic improvements would be needed at Intersections #7 — SR 99 / S 320`h Street, #15 — SR 161 / SR 18 / S 348`' Street, and #16 — SR 161 / S 352nd Street with and without the proposed development. Traffic improvements are assumed to be the following in 2020 as a result of deficiencies during the weekend peak hour: ➢ Intersection #7 — SR 99 / S 320th Street:. Provide a northbound right -turn only lane. This intersection's LOS would improve to LOS E with a v/c ratio less than 1.00. i ➢ Intersection #15 — SR 161 / SR 18 / S 348 h Street: Provide a southbound right -turn only lane and permitted+over phasing for all right -turns at the intersection. This 1 intersection's v/c ratio would improve to less than 1.00. Ij ➢ Intersection #16 — SR 161 / S 352°d Street: Provide a northbound right -turn only lane. This intersection's v/c ratio would improve to less than 1.00. Tahlp 1 A: 2020 Weekend Peak Intersection Levels of Service (Improvements) ID # Signalized Intersections Traffic Control Without Project I With Project LOS I Delay V/C LOS Delay I WC 7 SR 99 / S 320th St' Signalized E 65 0.98 E 66 0.98 15 SR 161 / SR 18 / S 348th Ste Signalized E 56 0.95 E 60 0.97 16 SR 161 / Enchanted Pkwy / S 352nd St3 Signalized C 33 0.84 C 33 0.87 Note: Analysis based on Synchro 6.0 and HC5 2DDD results using HUM 2000 control delays and LOS. 1 — Construct a northbound right -turn only lane. 2 — Provide a southbound right -turn only lane and permitted+over phasing for all —rights turns at the intersection. 3 — Construct a northbound right -turn only lane. } Public Transportation Impacts No public transportation improvements are required by Pierce Transit as a result of the proposed Village at Federal Way development. King County -Metro requires that all transit stops/shelters on property frontages be maintained and clear pathways with ADA access be provided. No trees or bushes should be located in the vicinity of the transit stops/shelters that may restrict access. Furthermore, during construction of the proposed development, if the transit stops/shelters need to be removed or relocated, the applicant will need to file a permit and provide a traffic control plan at least one month in advance for approval. The transit stops/shelters must be placed back in their original locations after construction has been Jcompleted. 1 Nonmotorized Transportation Facilities Adequate raised sidewalks are currently provided on S 336`s Street. Existing paved shoulders between 8 to 10 feet are located on SR 99. There is an abundance of raised sidewalks or paved shoulders on arterial roadways within the site vicinity. No additional nonmotorized treatments are anticipated for the Village. at Federal Way development. May 8, Transportation Engineering North�/est, LLC Page 30ge 30 �I Village at Federal Way Federal Way, WA UPDATED TransporPtlon Impact Stud Site Access, Safety, and Circulation Issues Vehicular site access would be provided via the construction of new internal roadways, including extension of 13`s Place S onto S 33e Street, with two additional access points onto S 336ffi I Street (western driveway is full access and eastern driveway, is restricted right -in -right out access), and a restricted right -in -right out access driveway onto Pacific Highway South (SR 99). The south site driveway (S 340th Street) onto Pacific Highway South (SR 99) would connect as the west leg of the existing Pacific Highway South (SR 99) at 16`h Avenue S/SR 161 intersection, which is controlled by a traffic signal, providing full access into and out of the project site at this location. Signal modifications would need to be made to accommodate the new leg of the intersection. Additionally, the applicant would fully fund half street improvements on the north side connecting to this new approach. 1 The internal roadways within the project site would provide adequate one-way and two-way fire and emergency vehicle. access via driveways onto S. 336`s Street and Pacific Highway South (SR 99). The applicant would be required to fully fund and construct the necessary site driveways l and associated frontage improvements onto Pacific Highway South (SR 99) and S 336`h Street. j The south site driveway (S 340`" Street) would need to be improved to a minimum 24-foot paved 1 surface with planter strip, raised sidewalks, and street lights. Any internal streets within the residential developtent of the project should be adopted per type W street or as per roadway } modifications approved by the City of Federal Way Public Works Director. The proposed roundabout within the residential development of the project should be designed to meet all applicable standards and shall be approved by the City of Federal Way. Driveway Distances The City of Federal Way Public Works Development Standards (Chapter 3.2.13 Driveways) requires a minimum spacing of 250 feet on state highways and/or 150 feet minimum spacing for right - turn in/out driveways. There may not be more than one driveway for each 330 feet of lot frontage. For the two proposed driveways onto Pacific Highway South (SR 99), they would be 1 located approximately 620 feet from one another. The north site driveway onto Pacific Highway South (SR 99) is located approximately 630 feet south of S 336,hStreet: On S 336' Street, the proposed driveways are located approximately 350 feet to 805 feet from other intersections/driveways. Therefore, all site driveways onto Pacific Highway South (SR 99) and S 336`" Street would meet City of Federal Way requirements. Sight Distance Sight distance is the length of the roadway or straight-line distance a driver can see ahead at any ` particular time, and is taken as the mini nurn sight distance required for a driver to stop a vehicle after seeing an object in the vehicle's path without hitting that object. Sight distance is directly related to vehicle speeds and resultant distances traversed during perception and breaking reaction time. Entering sight distance is the minimum sight distance needed for the driver of a vehicle stopped at an intersection to safely cross a roadway or enter and achieve average running speed without interrupting approaching vehicles on the major street. May 8, Transportation Engineering North�/est, LLC Pagege 31 31 Village at Federal Way Federal Way WA UPDATED Transportation Impact Study The minimum stopping sight distance and entering sight distance are based on guidelines found I in the WSDOT Design Manual (Figure 910-18a Sight Distance for Grade Intersection with Stop j Control and Figure 650-2 Design Stopping Sight Distance). For a 50 mph design speed limit on Pacific Highway South (SR 99), the stopping sight distance requirement is 460 feet and the entering sight distance requirement is 770 feet based upon WSDOT design guidelines. Field measurements on Pacific Highway South (SR 99) were estimated at a minimum of 800 feet of. sight distance to the north of the unsignalized northern site driveway. For a 45 mph design speed limit on S 336`h Street, the desirable stopping sight distance requirement is 395 feet and the desirable entering sight distance requirement is 695 feet based upon WSDOT design guidelines. On S 336ffi Street, field measurements were estimated to be a minimum of 800 feet of sight distance at both proposed site driveways in both east -west directions. Therefore, sight distance is met at all proposed site driveways onto Pacific Highway 7 South (SR 99) and S 336t' Street. Turning Warrant Analysis 1 Left- and right -turn movements represent critical turning movements at unsignalized J intersections, increasing the potential for intersection delay and safety issues. An evaluation of the potential need for a southbound right -turn lane at Intersection #10 - SR 99 at 16'h Avenue S and a westbound left -turn lane at Intersection #43 — West Site Driveway at S 336`' Street intersection was conducted considering typical weekday and weekend peak periods (as requested by the City of Federal Way). { Intersection #10 — SR 99 at 16`b Avenue S Based upon procedures and guidelines found in WSDOT's Design Manual, January 2005 (Figure 910-11 Right -Turn Lane Guidelines), a separate southbound right -turn pocket is warranted during the 2009 and 2020 weekday p.m. peak hour and weekend peak hour traffic volume demands. This is based on 21 southbound right -turn volumes during the weekday p.m. peak hour and 25 southbound right -turn volumes during the weekend peak hour in 2009 and 2020. The southbound right -turn pocket should be a minimum of 60 feet with a 100- foot minimum taper for a roadway posted at 40 mph. Intersection #43 —West Site Driveway, at S 336 h Street Based upon procedures and guidelines found in WSDOT's Design Manual, January 2005 (Figure 910-8a Left -Turn Storage Guidelines Two Lane-Unsignalized), a westbound left -turn lane is warranted during 2009 and 2020 weekday p.m. peak hour and weekend peak hour traffic volume demands. This is based on over 2 percent of westbound left -turns during the weekday p.m. peak hour and over 5 percent of westbound left -turns during the weekend peak hour in 2009 and 2020. Per City of Federal Way guidelines, the left -turn lane should be designed to accommodate the 95`h percentile queue, which is estimated at 25 feet (1 vehicle) in 2009 and 2020 under weekday and weekend peak hour conditions. _J J May 8, Transportation Engineering Northwest, LLC Pagege 32 32 I J Village at Federal Way Federal Way, WA UPDATED Transporiatlon Impact Stud l Signal Warrant Analysis (Intersection #34 — 13' Place S at S 336"' Street) I A signal warrant analysis was conducted based upon guidelines and procedures of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), 2000, to determine if and when signal control would be warranted at Intersection #34 -13'b Place S at S 336ffi Street. The following signal warrants were reviewed under MUTCD guidelines and discussed in subsequent paragraphs: Warrant 3 — Peak Hour. Warrant 6 — Coordinated Signal System. Warrant 7 — Crash Experience. Warrant 8 — Roadway Network (Combination of Warrants). Warrant 3 - Peak Hour The Peak Hour traffic signal warrant would be applied where traffic conditions are such that for a minimum of 1 hour of an average day, the minor -street traffic suffers undue delay when entering or crossing the major street. 1 Warrant 3 is met if either of the following conditions is met: l ➢ If all three of the following criteria exist for the same 1 hour (any four consecutive 15- minute periods) of an average day: 1) the total stopped time delay experienced by the traffic on one minor -street approach controlled by a STOP sign equals or exceeds 4 S vehicle -hours for a one -lane approach; 2) the volume on the same minor -street approach equals or exceeds 100 vehicles per hour for one moving lane of traffic; and 3) the total entering volume serviced during the hour equals or exceeds 800 vehicles for intersections with four or more approaches. ➢ When for any 1 hour of an average day, the vehicles per hour for the total of both approaches of the major street and the corresponding vehicles per hour on the higher - volume minor -street approach all fall above the applicable curve in Figure 4C-3 for the existing combination of approach lanes. SThe Peak Hour warrant is not met during the weekday a.m. peak hour, weekday p.m. peak hour, or we peak hour in 2009 or 2020 based upon 2 or more approach lanes on the major street and 2 approach lanes on the minor street for a posted speed limit less than 40 mph. Warrant 6 - Coordinated Signal System J Progressive movement in a coordinated signal system sometimes necessitates installing traffic control signals at intersections where they would not otherwise be needed in order to maintain proper platooning of vehicles. Warrant 6 would be met if on a two-way street, adjacent traffic control signals do not provide the necessary degree of platooning and the proposed and adjacent -- traffic control signals will collectively provide a progressive operation. _J May 8, Jl Transportation Engineering Northwest, LLC Pagege 33 33 Village at Federal Way Federal Way,WA UPDATED Transportation Impact Stud The nearest traffic control signals to Intersection #34 - 13`h Place S at S 336`s Street are located approximately 1,550 feet to the west at Intersection #25 - 9th Avenue S at S 336a` Street and roughly 815 feet to the east at Intersection #9 - SR 99 at S 336ffi Street. Both intersections are within close proximity of Intersection #34 - 13`h Place S at S 336`h Street. Therefore, a traffic 1 signal is warranted under Warrant 6 conditions. Warrant 7- Crash Experience The Crash Experience is intended for use where the severity and frequency of crashes are the principal reasons to consider installing a traffic control signal. A traffic signal would be warranted if all of the following conditions are met: 1) ' Adequate trial of alternatives with satisfactory observance and enforcement has failed to reduce the crash frequency; 2) Five or more reported crashes, of types susceptible to correction by a traffic control signal, have occurred within a 12-month period, each crash involving personal injury or property damage apparently exceeding the applicable requirements for a reportable I crash; and 3) For each of any 8 hours of an average day' the vehicles per hour given in both of the 80% columns of Condition A and Condition B in Table 4C-1 exists on the major street and on the higher -volume minor -street approach to the intersection. These major -street and minor -street volumes shall be for the same 8 hours. On the minor street, the higher volume shall not be required to be on the same approach during each of the 8 hours. Table 19 summarizes the total number of historical collisions at Intersection #34 - 13"' Place S at S 336`h Street intersection between 2003 and 2005. As shown, the affected intersection shows a lower than normal average annual collision rate. The total number of collisions experienced at the affected intersection in 3 years is less than the minimum 5 reported collisions within a 12- month period under condition 2 of the traffic signal requirements for Warrant 7. In addition, conditions 1 and 3 are also not met. Therefore, warrants are not met for the Crash Experience condition. Table 19: Intersection #34 - 13" Place S at S 33611 Street Historical Collision Records Average Annual i y Intersection 2003 2004 1 2005 L Total Collision Rate #34 — 13th PI S at S 336th St 1 2 6 9 3.0 Source: City of Federal Way Corridor Report, July 2006. warrant 8- Roadway, Network (Combination of Warrants) Installation of a traffic control at some intersections might be justified to encourage concentration and organization of traffic flow on a roadway network. Warrant 8 would be met if the common intersection of two or more major routes meets one or th of the following J criteria: 1) The intersection has a total existing, or immediately projected, entering volume of at least 1,000 vehicles per hour during the peak hour of a typical weekday and has 5-year projected traffic volumes, based on an engineering study, that meet one or more of Warrants 1, 2, and 3 during an average weekday; or May 8, Transportation Engineering Northwest, LLC Pagege 34 34 �{ Village at Federal Way I4 Federal Way, WA UPDATED Transportation Impact Stud 2) The intersection has a total existing or immediately projected entering volume of at least 1 1,000 vehicles per hour for each of any 5 hours of a non -normal business day (Saturday or Sunday). Warrant 8 is met under criteria 1 with over 1,000 vehicles entering Intersection #34 - 13`h Place S at S 336`h Street between 7-9 a.m. and 4-6 p.m. weekday peak periods and 12-1 p.m. weekend peak periods. Also, 5-year projected traffic volumes show the intersection would meet one or _ more of Warrants 1, 2, and 3. Although criteria 2 is not met, a traffic signal is warranted under Warrant 8 based on criteria 1 conditions. Signal Warrant Summary ' Table 20 summarizes findings based on the signal warrant analysis conducted above. As shown, Warrants 3; 6 and 8 are met under future conditions. Based on traffic volumes, a traffic signal may be warranted under future conditions. It is recommended that a traffic signal be installed as a result of southbound stop -controlled movements at the intersection operating at LOS F under 2009 and 2020 conditions without the proposed development during the p.m. peak hour. 1 Table 20: Sienal Warrant Summary 1 j Warrant Type Warrant Met 3 Peak Hour No 6 Coordinated Signal System Yes 7 Crash Experience No 8 Roadway Network Yes Site Driveway Intersection Operations A level of service analysis was conducted at all unsignalized site driveways onto Pacific Highway South (SR 99) and S 336' Street during the weekday a.m. peak hour, weekday p.m. peak hour, and weekend peak hour in 2009 and 2020. As shown in Tables 21 through 24, Intersection #43 —West Site Driveway at 13`h Place S would operate at LOS F during the weekday p.m. peak hour in 2009 and 2020. This intersection would improve to LOS C or better in both 2009 and 2020 with the installation of a raised curb median onto S 336`h Street. Stop -controlled movements at other unsignalized site driveway intersections would operate at LOS C or better with a v/c ratio less than 1.00, and entering/exiting queues of less than 2 vehicles in 2009 and 2020 with the project. Tahlp 21- 2009 Weekday Peal( Hour Site Driveway Operations (Unsignafized Intersections Onfy) ID # 43 Unsignalized Intersections West Site Driveway at 131 Place S Traffic Control WB Left A.M. Peak Hour P.M. Peak Hour LOS A Delay 8 V/C 0.03 LOS B Delay 12 V/C 0.04 NB C 15 0.03 F 86 0i62 44 East Site Driveway at 131 Place S NB A 10 0.01 B 11 0.03 45 SR 99 / North Site Driveway EB B 10 0.03 C 16 1 0.24 Note; Analysis based on HCS 2000 resuh using HC:M 2000 control delays and LOS. May 8, Transportation Engineering TlorthWest, LLC Pagege 35 35 Village at Federal Way Federal Way WA UPDATED Transportation Irn aci Study T2h1a 99- 911139 Wppkend Peak Hour Site Drivewav ODerations (unsipnatized Intersections Only) ID # Unsignalized Intersections Traffic Control LOS Delay I WC 43 West Site Driveway at 13- Place S WB Left A 9 0.03 NB C 16 0.18 44 East Site Driveway at 131' Place S NB B 10 0.03 45 SR 99 / North Site Driveway EB B 12 0.19 Note: Analysis Mse l on ril,J Luuu results using ri�.m —vw wii— --yo --u ,....1. Table 23: 2020 Weekday Peak Hour Site Driveway Operations (Unsignalized Intersections Only) A.M. Peak Hour. P.M. Peak Hour ID # Unsignalized Intersections Traffic Control LOS Delay WC LOS Delay WC 43 West Site Driveway at 131 Place S WB Left A 9 0.01 B 12 0.05 1 NB C 18 0.06 F . > 100 0.79 I 44 East Site Driveway at 131 Place S NB B 10 0.01 B 12 0.04 45 SR 99 / North Site Driveway EB B 10 0.03 C 18 1 0.27 Note: Analysis based on HC5 20DO results using HCM 2000 control delays and LOS. Tmhla 94• 9n9n Waakand Ppak Hour Site Driveway ODeradons (Unsignalized Intersections Only) ID # Unsignalized Intersections Traffic Control ILOS 1 Delay WC 43 West Site Driveway at 131 Place S WB Left A 9 0.03 NB C 19 0.22 44 East Site Driveway at 13" Place S NB B 10 0.03 45 SR 99 / North Site Driveway EB B 12 0.18 Note: ,Analysis Disco on zuuu results using rium -mu cunuui uciaya — —1. The signalized site access intersections of #10 — SR 99 at SR 161/16`' Avenue S would operate at LDS D with a v/c ratio less than 1.00 in 2009 and 2020 with the project, and #34 —13`b Place S (Center Site Driveway) at S 336`' Street would operate at LOS A with a v/c ratio less than 1.00 with the project in 2009 and 2020. J May 8, Transportation Engineering North�/est, LLC Pagege 36 36 J Village at Federal Way Federal Way WA UPDATED Trans ortatian Impact Stud PROJECT MITIGATION MEASURES A review of impacts to intersection levels of service, public transportation services, —� nonmotorized transportation facilities, and site access, safety, and circulation issues was conducted in association with the proposed Village at Federal Wray development at the southwest quadrant of SR 99 at S 336ffi Street in Federal Way, Washington. Existing Safety Issues The following paragraphs summarize collision type(s) at each intersection with potential improvements to improve current safety issues. It should be noted that the measures identified below are independent of the proposed Villrtge at Federal Wray development as they represent existing safety issues. ➢ Intersection #23 — 21" Avenue SW / SW 336'b Street. Approximately 40 percent of all collisions at this intersection were related to approach turns. Current phasing at this intersection provides for protected+permitted left -turns at all approaches. With a particularly high number of through and right -turn movements at the intersection, a J potential improvement to improve safety issues and minimize turning movement conflicts could be to provide protected left -turns at all approaches. ➢ Intersection #28 — 23" Avenue S / S 32& Street. Roughly 40 percent of all collisions at this intersection were related to rear -ends, with a majority occurring on S 320'h Street. Providing additional signal heads and improving coordination/timing between signals on S 320'' Street should be considered. ➢ Intersection #37 — 17' Avenue S / S 356h Street. A majority of collisions at this intersection were related to rear -ends (approximately 45 percent) and approach turns _J (roughly 40 percent). A number of potential improvements could be provided to include: 1) Current phasing in the eastbound/westbound direction provides for protected+permitted left -turns. With a high number of eastbound/westbound through and right -turn movements, provide protected left -turns. 2) Current phasing is permitted in the northbound/southbound direction with over 1,000 southbound approach volumes (a majority are left- and right -turn movements) and only 80 northbound approach volumes. Due to the relatively high difference between northbound and southbound volumes and turning movements, provide split phasing between the two legs. 3) A westbound right -turn only lane could minimize rear -ends that may be caused from the shared westbound through -right lane: 2009 Intersection Improvements -� The following improvements would be warranted without development of the Village at Federal Wray project in 2009 based upon weekday p.m. peak hour conditions: ➢ Intersection #12 — SR 99 at S 348ffi Street: Provide an eastbound right -turn lane. The proportional share contribution towards this improvement is estimated at 1 percent (78 p.m. project volumes and 5,824 total entering p.m. volumes) in 2009. May 8, 7 � Transportation Engineering TlorthVl/est, LLC Pagege 37 Village at Federal Way Federal Way,WA UPDATED Transportation Impact Study ➢ Intersection #33 — Military Road S at S 320`h Street: Construct an eastbound right - turn lane. The proportional share contribution towards this improvement is estimated at less than 1 percent (30 p.m. project volumes and 4,268 total entering p.m. volumes) in 2009. ➢ Intersection #36 — 9 h Avenue S at S 348 h Street: Provide a westbound right -turn lane. The proportional share contribution towards this improvement is estimated at less than 1 percent (18 p.m. project volumes and 3,698 total entering p.m. volumes) in 2009. 2020 Intersection Improvements The following improvements would be warranted without development of the Village at Federal Way project in 2020 based upon weekday p.m. peak hour conditions (unless otherwise noted): ➢ Intersection #12 — SR 99 at S 348`h Street: Provide a second eastbound left -turn lane, an eastbound right -turn lane, and reconfigure westbound leg to provide one left -turn only lane, two through lanes, and one through -right lane. The proportional share contribution towards this improvement is estimated at approximately 1 percent (78 p.m. project volumes and 6,194 total entering p.m. volumes) in 2020. ➢ Intersection #23 — 23`d Avenue S at S 320`h Street: Construct a westbound right -turn lane. The proportional share contribution towards this improvement is estimated at less than 1 percent (36 p.m. project volumes and 4,435 total entering p.m. volumes) in 2020. This improvement is needed n ith the project in 2020 only. ➢ Intersection #28 — 23`d Avenue S at S 320d' Street: Provide a westbound right -turn lane. The proportional share contribution at this intersection is estimated at less than 1 percent (36 p.m. project volumes and 5,920 total entering p.m. volumes) in 2020. ➢ Intersection #33 — Military Road S at S 320d` Street: Construct eastbound and westbound right -turn lanes. The proportional share contribution towards this improvement is estimated at less than 1 percent (30 p.m. project volumes and 4,614 total entering p.m. volumes) in 2020. ➢ Intersection #36 — 9`h Avenue S at S 348 h Street: Provide a westbound right -turn lane and second southbound left -turn lane. The proportional share contribution towards this improvement is estimated at less than 1 percent (18 p.m. project volumes and 3,938 total entering p.m. volumes) in 2020. 1 The following improvements would be warranted without development of the ay Village at Federal —) lproject in 2020 based upon weekend peak hour conditions: ➢ Intersection #7 — SR 99 / S 320' Street: Provide a northbound right -turn only lane. The proportional share contribution towards this improvement is estimated at approximately 2 percent (112 weekend peak project volumes and 6,917 total entering weekend peak volumes) in 2020. ➢ Intersection #15 — SR 161 / SR 18 / S 348`h Street: Provide a southbound right -turn only lane and permitted+over phasing for all right -turns at the intersection. The proportional share contribution towards this improvement is estimated at approximately J 2 percent (159 weekend peak project volumes and 7,755 total entering weekend peak volumes) in 2020. J May 8, Transportation Engineering TlorthWest, LLC Paggee 38 J I J Village at Federal Way Federal Way, WA UPDATED Transportation impact Stud ➢ Intersection #16 — SR 161 / S 352nd Street: Provide a northbound right -turn only lane. The proportional share contribution towards this improvement is estimated at approximately 3 percent (104 weekend peak project volumes and 3,919 total entering weekend peak volumes) in 2020. Site Access Improvements ➢ Intersection #10 — SR 99 at 16t' Avenue S: Construct a southbound right -turn pocket to be a minimum of 60 feet with a 100- foot minimum taper per WSDOT guidelines under 2009 and 2020 conditions. The applicant would most likely be required to pay a proportional share contribution towards this improvement, which is estimated in 2009 at 8 percent (274 p.m. project volumes and 3,844 total entering p.m. volumes) and in 2020 at 8 percent (274 p.m. project volumes and 4,084 total entering p.m. volumes). ➢ Intersection #34 — 13`h Place S at S 336`h Street: It is recommended that a traffic signal be installed at this intersection as a result of the traffic signal warrant analysis and southbound stop -controlled movements operating at LOS F under 2009 and 2020 conditions without the proposed development. The applicant would most likely be required to pay a proportional share contribution towards this improvement, which is estimated in 2009 at 8 percent (201 p.m. project volumes and 2,495 total entering p.m. volumes) and in 2020 at 8 percent (201 p.m. project volumes and 2,668 total entering p.m. volumes). ➢ Intersection #43 — West Site Driveway at S 336' Street: Provide a westbound left - turn lane to meet WSDOT left -turn lane guidelines. Per City of Federal Way guidelines, the left -turn lane should be designed to accommodate the 95' percentile queue, which is estimated at 25 feet (1 vehicle) in 2009 and 2020 under weekday and weekend peak hour conditions. Additionally, this intersection would operate at LOS F during the weekday p.m. peak hour in 2009 and 2020. This intersection would improve to LOS C or better with the installation of a raised curb median onto S 336`h Street, to be located west of the proposed west site driveway. The raised curb median would act as a refuge lane for northbound left -turns onto S 336d' Street. The applicant would most likely be required to fully fund this improvement or the proportional share contribution towards this improvement is estimated in 2009 at 10 percent (217 p.m. project volumes and 2,398 total entering p.m. volumes) and in 2020 at 9 percent (217 p.m. project volumes and 2,565 total entering p.m. volumes). ➢ As part of the development, the unsignalized north site driveway onto Pacific Highway South (SR 99) would be restricted to provide right -turn access/egress movements only. ➢ As part of the project, the south site driveway (S 340`h Street) on Pacific Highway South (SR 99) would connect as the west leg of the intersection of Pacific Highway South (SR 99) at 16d' Avenue S/SR 161, which is controlled by a traffic signal. Signal modifications would need to be made to accommodate the new leg of the intersection. Additionally, the applicant would fully fund half street improvements on the north side connecting to this new approach. %9 Transportation Engineering Northwest, LLC May 8, 2007 Page 39 Village at Federal Way Federal Way, WA UPDATED Trans ortaton Impact Stud ➢ The applicant would be required to fully fund and construct the necessary site driveways and associated frontage improvements onto Pacific Highway South (SR 99) and S 336" Street. The south site driveway (S 340`h Street) would need to be improved to a minimum 24-foot paved surface with planter strip, raised sidewalks, and street lights. Any internal streets within the residential development of the project should be adopted per type W street or as per roadway modifications approved by the City of Federal Way Public Works Director. The proposed roundabout within the residential development of the project should be designed to meet all applicable standards and shall be approved by the City of Federal Way. Public Transportation Improvements King County -Metro requires that all transit stops/shelters on property frontages be maintained and clear pathways with ADA access be provided. No trees or bushes should be located in the vicinity of the transit stops/shelters that may restrict access. Furthermore, during construction of the proposed development, if the transit stops/shelters need to be removed or relocated, the _ applicant will need to file a permit and provide a traffic control plan at least one month in I advance for approval. The transit stops/shelters must be placed back in their original locations I after construction has been completed. TIP Proportional Share Contributions The proposed development would be required to pay proportional share contributions towards those improvements on the City's 6-pear TIP that are impacted by 10 or more p.m. peak hour trips. Table 27 summarizes proportional share contributions based on a 2009 buildout year only. The proposed development would be required to pay a proportional share contribution of _ $1,071,207 towards the City's TIP projects. The 2020 buildout year is too far into the future to calculate proportional share contributions as the City's TIP projects would most likely have changed by then. I May 8, Transportation Engineering ldorthWest, LLC Pagege 40 40 Village at Federal Way Federal Way, WA UPDATED Transportation Impact Study Table 25: Proportional Share Contributions (2009 Buildout Year) Baseline PM 2009 Total PM Project TIP Vehicles in Project PM Vehicles in Pro-Rata Project Pro -Rats Project' Description 2009 Peak Tdps2 2009 Share Costa Contributiot 1 a City Center Access Phase 2 3,773 25 3,798 0.006 $3,500,000 $'22 579 1 b City Center Access Phase 3 5,327 36 5,363 0.007 $1,850,000 $19,131 1c City Center Access Phase 4 3,773 25 3,798 0.006 $11.800,000 $76 124 2 Pacific Highway S HOV Lanes Phase 3 from S 284th St - SR 509 3,023 22 3,046 0.007 1$21,400,000 $156,922 3 S 348th Street between 9th Ave S and SR 99 3,449 19 3,468 0.005 $4,300 000 $22 942 4 S 320th Street at 1 st Avenue S 4,300 54 4,354 0.012 $6,374,000 $ 79,053 5 SR 99 at S 356th St 3,533 54 3,587 0.015 $7,518,000 $113,179 7 S 348th Street at 1 st Avenue S 4,491 54 4,545 0.012 $2,430,000 $28,871 8 10th Ave SW / SW 344th St: SW Campus Dr to 2lstAve SW 2,510 36 2,546 0.014 $8,632,000 $122,079 10 S 320th St at 20th Ave S 3,670 48 3,718 0.013 $1,482 000 $19,133 11 21st Ave SW / SW 357th St: SW 356th St - 22nd Ave SW 2,680 12 2,692 0.004 $1,15S,000 $5,149 12 Pacific Highway S HOV Lanes, Phase 4 from SR 509 - S 312th St 2,701 28 2,729 0.010 $19,400,000 $199,035 13 SR 18 at SR 161 7,648 121 7,769 0.016 1 $1,737,000 $27 053 155 S 356th St- SR 99 - SR 161 946 7 953 0.007 $5,979,000 $43,940 18 SW 320th St at 21st Avenue SW 3 497 18 3,515 0.005 $1,748,000 $8,951 19 S 320th St from 1st Ave S to 8th Ave 5 2,866 12 2,878 0.004 $6 763,000 $28,199 23 SW 336th WY/SW 340th St: 26th PI SW to Hoyt Rd 1,605 21 1,626 0.013 $7,777,000 $98,867 Total Proportional Share Contribution in 2009 only $1 071,2C 1 - Source: City of Federal Way's 2007-2012 Transportation Fmprovernenr Program. 2 - Per City of Federal Way requirements, only those TIP projects impacted by 10 or more PM peak hour development trips should provide a pro-rata share contribution towards off -site improvements. 3 - 20D9 total PM volumes include 2 percent annual growth rate and pipeline project trips as provided by the City of Federal Way. 4 - Based on the tote] project cost. 5 - It should be noted that this roadway is not impacted by 10 or more weekday p.m peak hour trips, however, the proposed development will be benefiting from this TIP project with planned improvements at Intersections 413 & #17. May 8, Transportation Engineering North�/est, LLC Pagege 41 41 RECEIVED DEC 1 9 Z006 CITY OF FEDERAL WAY BUILDING DEPT, GEOTECHNICAL ENGINEERING STUDY FEDERAL WAY VILLAGE PACIFIC HIGHWAY SOUTH AND SOUTH 336TH STREET FEDERAL WAY, WASHINGTON September 15, 2006 Project No. E-12613 Prepared for Mr. Kurt Wilson SBI Development PO Box 73790 Puyallup, Washington 98373 Earth Consultants, Inc. A Bureau Veritas Company 1805 136th Place N.E. Suite 201 Bellevue, WA 98005 (425) 643-3780 Toll Free (888) 739-6670 rg2& September 15, 2006 Mr. Kurt Wilson SBI Development PO Box 73790 Puyallup, Washington 98373 Project No. E-12613 Dear Mr. Wilson: Earth Consultants, Inc. Geotechnical Services Department We are pleased to submit our report titled "Geotechnical Engineering Study, Federal Way Village, Pacific Highway South and South 336th Street, Federal Way, Washington." This report presents the results of our field exploration, selective laboratory tests, and engineering analyses. The purpose and scope of our study were outlined in our proposal PR-12613, dated August 21, 2006. We appreciate this opportunity to have been of service to you. If you have any questions, or if we can be of further assistance, please call. Respectfully submitted, EARTH CONSULTANTS, INC. Nels E. Reese Staff Geologist NER/KMW/skp Kristina M. Weller, PE Associate Principal Earth Consultants, Inc. A Bureau L'Y-itns Coripczny 1805 136th Place, N.E., Suite 201 Bellevue, WA 98005 Main: (425) 643.3780 Fax: (425) 746.0860 TABLE OF CONTENTS E-12613 PAGE INTRODUCTION.........................................................................................................................2 General...................................................................................................................................2 ProjectDescription...............................................................................................................2 Scopeof Services.................................................................................................................2 SITECONDITIONS.....................................................................................................................3 Surface...................................................................................................................................3 Subsurface.............................................................................................................................3 Groundwater..........................................................................................................................4 LaboratoryTesting...............................................................................................................4 DISCUSSION AND RECOMMENDATIONS..............................................................................5 General...................................................................................................................................5 Site Preparation and General Earthwork............................................................................5 Erosion Control and Stripping..........................................................................................5 TemporarySlopes............................................................................................................6 StructuralFill.....................................................................................................................6 PermanentSlopes............................................................................................................7 UtilitySupport and Backfill..................................................................................................7 PavementAreas....................................................................................................................8 Foundations...........................................................................................................................8 Slab -on -Grade Floors...........................................................................................................9 Seismic Design Considerations..........................................................................................9 GroundRupture. .................................................................................. 10 Liquefaction....................................................................................................................10 Ground Motion Response..............................................................................................10 SiteDrainage.......................................................................................................................10 LIMITATIONS............................................................................................................................11 AdditionalServices.............................................................................................................11 TABLE OF CONTENTS, Continued E-12613 ILLUSTRATIONS Plate 1 Vicinity Map Plate 2 Test Pit Location Plan Plate 3 Typical Footing Subdrain Detail APPENDICES Appendix A Field Exploration Plate Al Legend Plates A2 through Al Test Pit Logs Appendix B Laboratory Test Results Plates 131 and B2 Particle Size Distribution Report GEOTECHNICAL ENGINEERING STUDY FEDERAL WAY VILLAGE PACIFIC HIGHWAY SOUTH AND SOUTH 336TH STREET FEDERAL WAY, WASHINGTON E-12613 INTRODUCTION General This report presents the results of the geotechnical engineering study completed by Earth Consultants, Inc. (ECI) for the proposed Federal Way Village residential and commercial development located in the southwest corner of the intersection of Pacific Highway South and South 336th Street in Federal Way, Washington. The general location of the site is shown on the "Vicinity Map," Plate 1. The purpose of this study was to explore the subsurface conditions at the site and, based on the conditions encountered, to provide recommendations for developing the site with residential and commercial developments. Project Description The subject property is located in the southwest corner of the intersection of Pacific Highway South and South 336th Street in Federal Way, Washington. The site currently is an undeveloped tract of land consisting of wooded areas, wetlands, and a gravel access road. Review of a preliminary site plan indicates the eastern portion of the site will be developed with 16 retail shops, associated roadways and parking facilities. The site plan also indicates that the western portion of the site will be developed with 93 residential lots and associated roadways. Based on our experience with similar projects, we anticipate the residential and commercial structures will be two to three stories in height and will likely be of relatively lightly -loaded wood frame construction with a combination of slab -on -grade and wood joist floors. Wall loads will be on the order of 2 to 3 kips per lineal foot, and column loads will likely be in the range of 20 to 40 kips. We estimate slab -on -grade floor loads will be around 150 pounds per square foot (psf). Based on review of a preliminary site plan by ESM Consulting Engineers, LLC, most of the proposed residential lots will be accessed off a new north —south -trending roadway connecting to South 336th Street. The commercial development proposed for the eastern portion of the site will be accessed off multiple new roadways connecting to South 336th Street and Pacific Highway South. Earth Consultants, Inc. Page 1 A Bureau Veritas Company Geotechnical Engineering Study E-12613 September 15, 2006 SITE CONDITIONS Surface The subject site consists of an approximately 10-acre, irregular -shaped property located at the southwest corner of the intersection of Pacific Highway South and South 336th Street in Federal Way, Washington, as shown on Plate 1. The site is bordered to the west by a multi- family residential development, to the north by South 336th Street, to the east by Pacific Highway South, and to the south by a stormwater retention facility and commercial buildings. The site topography is generally comprised of topographic highs in the east and west portions of the site and a topographic low wetland area in the central portion of the site, each bounded by slopes with gradients in the range of 5 to 10 percent. The elevation change between the topographic highs and topographic low is approximately 15 feet over a horizontal distance of 200 feet. The eastern and western portions of the site contain medium- to large -diameter trees and areas of dense underbrush, including blackberry brambles and shrubs. A portion of the southeast corner of the site contains a flat area of graded and compacted fill, with scattered sagebrush covering the area. Two large concrete slabs were observed near the northeast corner of the wetland area. The wetland area is vegetated with grass, small trees, and wetland plants. Subsurface Subsurface conditions at the site were evaluated by excavating 12 test pits at the approximate locations shown on the `Test Pit Location Plan," Plate 2. The test pits were excavated to a maximum depth of 17 feet below existing grade. The test pit logs are included as Plates A2 through A13. Please refer to the test pit logs for a detailed description of the subsurface conditions encountered at each test pit location. A description of the field exploration methods is included in Appendix A. The following is a generalized description of the subsurface conditions encountered. At each of the test pit locations, a surficial layer of topsoil was encountered. The topsoil was typically 4 to 12 inches thick, with localized areas that were up to 16 inches thick. The topsoil was characterized by its dark color and organic content. Underlying the topsoil at Test Pits TP-1 and TP-8, medium dense to dense fill comprised of silty sand with gravel (Unified Soil Classification SM) and sandy silt (ML) was encountered. The fill extended to depths of 4 to 11 feet and was underlain by a thin layer of topsoil at each location. Earth Consultants, Inc. Page 3 A Bureau Veritas Company Geotechnical Engineering Study E-12613 September 15, 2006 It is important to note that these test results may not accurately represent the overall in -situ soil conditions. Our geotechnical engineering recommendations are based on our interpretation of these test results. ECI cannot be responsible for the interpretation of these data by others. DISCUSSION AND RECOMMENDATIONS General Based on the results of our study, in our opinion, development of the site with single-family residences and commercial structures is feasible from a geotechnical engineering standpoint. Conventional spread and continuous footing foundation systems bearing on competent native soil or newly placed structural fill may be used for support of the residences and structures. Slab -on -grade floors may be similarly supported. At the test pit locations, soils suitable for foundation support were generally encountered at depths of 1 to 1.5 feet below existing grade. If loose soil is encountered at construction foundation and slab subgrade elevations, it should be overexcavated and replaced with structural fill or the footings should be extended to the underlying competent soil. This report has been prepared for specific application to this project only and in a manner consistent with that level of care and skill ordinarily exercised by other members of the profession currently practicing under similar conditions in this area. This report is for the exclusive use of SBI Development and their representatives. No warranty, expressed or implied, is made. This report, in its entirety, should be included in the project contract documents for the information of the contractor. Site Preparation and General Earthwork Based on our understanding of the proposed development plan, site earthwork will likely consist of the following: installing erosion control measures; stripping the site; cutting and filling the site to provide building pad and street grades; installing underground utilities; preparing curb, gutter, sidewalk, roadway and parking subgrades; and excavating foundations for the single-family residences and commercial structures. Erosion Control and Stripping Prior to removal of the vegetation, the clearing limits should be flagged. Silt fencing should be installed downslope of proposed grading areas. We recommend that, once the site clearing limits are flagged, ECI should be contacted to walk the site with the grading contractor in. order to provide additional geotechnical and erosion control recommendations. After the site is cleared and grubbed, the proposed grading areas of the site should be stripped and cleared of surface vegetation, organic matter, and other deleterious material. Existing utility pipes to be abandoned should be plugged or removed so they do not provide a conduit for water and cause soil saturation and instability problems. The concrete slabs observed near the northeast corner of the wetland area should be removed. Earth Consultants, Inc. Page 5 A Bureau Veritas Company Geotechnical Engineering Study E-12613 September 15, 2006 Based on the results of our laboratory tests, most of the on -site soils at the time of our exploration appear to be at or near optimum moisture content and should be suitable for use as structural fill. Laboratory testing indicates the site soils have from 2 to 60 percent fines passing the U.S. No. 200 sieve. Soil with fines in excess of 5 percent will degrade if exposed to excessive moisture, and compaction and grading will be difficult if the soil moisture increases above its optimum condition. If the site soils are exposed to excessive moisture or cannot be adequately compacted, it may be necessary to import a soil that can be compacted. During dry weather, any non -organic, compactable soil with a maximum grain size of 4 inches can be used. Fill for use during wet weather should consist of a fairly well -graded granular material having a maximum grain size of 4 inches and no more than 5 percent fines passing the U.S. No. 200 sieve based on the minus 3/4-inch fraction. Permanent Slopes Permanent cut and fill slopes should be inclined no steeper than 2HA V. Cut slopes should be observed by ECI during excavation to verify that conditions are as anticipated. Fill slope construction should also be observed under the full-time observation of an ECI representative to test structural fill soils. Supplementary recommendations can be developed, if needed, to improve stability, including flattening slopes, placing erosion control fabrics, or installing surface or subsurface drains. Permanently exposed slopes should be hydroseeded with an appropriate species of vegetation to reduce erosion and improve stability for the surficial layer of soil immediately after construction. In the summer months, it may be necessary to water the slopes to maintain the hydroseed germination. Utility Support and Backfill We anticipate storm, sewer, water, and franchise utilities will be installed on site. If remedial measures are necessary to provide adequate support for utilities, the unsuitable soils should be overexcavated and replaced with crushed rock and a pipe bedding material, such as pea gravel. Utility trench backfill is a primary concern in reducing the potential for settlement along utility alignments, particularly in pavement areas. It is important that each section of utility line be adequately supported in the bedding material. The material should be hand tamped to ensure support is provided around the pipe haunches. Fill should be carefully placed and hand tamped to approximately 12 inches above the crown of the pipe before heavy compaction equipment is brought into use. The remainder of the trench backfill should be placed in lifts having a loose thickness of less than 12 inches. A representative of ECI should be on site during excavation and backfill of the utility trenches to provide recommendations for the suitability of the soils for use as backfill and to perform representative testing on backfill soils. Earth Consultants, Inc. Page 7 A Bureau Veritas Company Geotechnical Engineering Study E-12613 September 15, 2006 With foundation support obtained as described, for design, an allowable soil bearing capacity of 2000 psf should be used for the competent native soil or structural fill. Loading of this magnitude would be provided with a theoretical factor -of -safety in excess of 3.0 against shear failure. For short-term dynamic loading conditions, a 113 increase in the above allowable bearing capacity may be used. Continuous and individual spread footings should have minimum widths in accordance with local building codes. With structural loading as expected and provided the above design criteria are followed, total settlement of approximately 1 inch is estimated, with differential settlement of approximately 0.5 inch. Most of the anticipated settlements should occur during construction as dead loads are applied. Horizontal loads can be resisted by friction between the base of the foundation and the supporting soil and by passive soil pressure. acting on the face of the buried portion of the foundation. For the latter, the foundation' must be poured "neat" against the competent native soils or backfilled with structural fill. For frictional capacity, a coefficient of 0.30 should be used. For passive earth pressure, the available resistance should be computed using an equivalent fluid pressure of 300 pounds per cubic foot (pcf). These lateral resistance values are allowable values, and a factor -of -safety of 1.5 has been included. As movement of the foundation element is required to mobilize full passive resistance, the passive resistance should be neglected if such movement is not acceptable. Footing excavations should be observed by a representative of ECI prior to placing forms or rebar to verify that conditions are as anticipated in this report. Slab -on -Grade Floors Slab -on -grade floors should be supported on competent native soil or granular structural fill. Disturbed subgrade soil must either be recompacted or replaced with structural fill. Slabs placed on structural fill or on native soils should be provided with a capillary break consisting of a minimum of 4 inches of free -draining sand or gravel. In areas where slab moisture is undesirable, a vapor barrier, such as a 6-mil plastic membrane, should be placed beneath the slab. Seismic Design Considerations Earthquakes occur in the Puget Lowland with regularity; however, the majority of these events are of such low magnitude they are not detected without instruments. Large earthquakes do occur, as indicated by the 1949, 7.2 magnitude earthquake in the Olympia area and the 1965, 6.5 magnitude earthquake in the Midway area and the 2001, 6.8 magnitude earthquake in the Nisqually area. There are three potential geologic hazards associated with a strong motion seismic event at this site: ground rupture, liquefaction, and ground motion response. Earth Consultants, Inc. Page 9 A Bureau Veritas Company Geotechnical Engineering Study E-12613 September 15, 2006 Final site grades must allow for drainage away from foundations. The ground should be sloped at a gradient of 3 percent for a distance of at least 10 feet away from the structures. Footing drains should be installed around the perimeter of the residences and commercial structures, at or just below the invert of the footing, with a gradient sufficient to initiate flow, as shown on the "Typical Footing Subdrain Detail," Plate 3. Under no circumstances should roof downspout drain lines be connected to the footing drain system. Roof downspouts must be separately tightlined to discharge. Cleanouts should be installed at strategic locations to allow for periodic maintenance of the footing drain and downspout tightline systems. LIMITATIONS Our recommendations and conclusions are based on the site materials observed, selective laboratory testing and engineering analyses, the design information provided us, and our experience and engineering judgment. The conclusions and recommendations are professional .opinions derived in a manner consistent with that level of care and skill ordinarily exercised by other members of the profession currently practicing under similar conditions in this area. No warranty is expressed or implied. The recommendations submitted in this report are based on the data obtained from the test pits. Soil and groundwater conditions between test pits may vary from those encountered. The nature and extent of variations between our exploratory locations may not become evident until construction. If variations do appear, ECI should be requested to reevaluate the recommendations of this report and to modify or verify them in writing prior to proceeding with the construction. Additional Services As the geotechnical engineer of record, ECI should be retained to perform a general review of the final design and specifications to verify that the earthwork and foundation recommendations have been properly interpreted and implemented in the design and in the construction specifications. ECI should also be retained to provide geotechnical services during construction. This is to observe compliance with the design concepts, specifications, or recommendations and to allow design changes in the event subsurface conditions differ from those anticipated prior to the start of construction. Earth Consultants, Inc. Page 11 A Bureau Veritas Company Reference: King County K8mp745 ByThomas Brothers Maps Earth Consultants, Inc. A Bureau Veiiias Company VICINITY MAP FEDERAL WAY VILLAGE FEDERAL WAY, WASHINGTON LEGEND TP-1 I _ Approximate location of test pit, —� Project No. 12613, August 2006 A*k NORTH 160 SCALE IN FEET REFERENCE: ESM CONSULTING ENGINEERS, LLC vrs 0*" Earth Consultants, Inc. s'' A Bureau Veritas Company MUMM TEST PIT LOCATION PLAN FEDERAL WAY VILLAGE S 336TH STREET & PACIFIC HIGHWAY S FEDERAL WAY, WASHINGTON DRWN. DNM PROJ. NO. 12613 CHKD. NER DATE 9/8/06 PLATE 2 4 INCH MI PERFORM 2 INCH MIN. 4 INCH MAX. 12 INCH MIN. Z_ 2 U Z_ 2 INCH MIN. LEGEND Surface seal; native soil or other SCHEMATIC ONLY - NOT TO SCALE -• �: low permeability material NOT A CONSTRUCTION DRAWING Washed rock or pea gravel � Earth Consultants, Inc. Drain pipe; perforated or slotted e:s A Bureau Veritas Company rigid Schedule 40 PVC or SDR 35 pipe laid with perforations or slots facing down; tight jointed; with a TYPICAL FOOTING SUBDRAIN DETAIL positive gradient. Do not use FEDERAL WAY VILLAGE flexible corrugated plastic pipe. S 336TH STREET & PACIFIC HIGHWAYS Do not tie building downspout FEDERAL WAY, WASHINGTON drains into footing lines. DRWN. DNM PROJ. NO. 12613 CHKD. NER DATE 9!7/06 PLATE 3 APPENDIX A FIELD EXPLORATION E-12613 Our field exploration was performed on August 24, 2006. Subsurface conditions at the site were explored by excavating 12 test pits to a maximum depth of 17 feet below existing grade. The test pits were excavated by Aikins' Excavation using a tracked excavator. The approximate test pit locations were determined by measuring from site features depicted on a preliminary site plan provided by ESM Consulting Engineers, LLC. The elevations were estimated from topographic lines depicted on the site plan and from the King County iMap Web site. The locations and elevations of the test pits should be considered accurate only to the degree implied by the method used. These approximate locations are shown on Plate 2. The field exploration was continuously monitored by a geologist from our firm, who classified the soils encountered, maintained a log of each test pit, obtained representative samples, and observed pertinent site features. All samples were visually classified in accordance with the Unified Soil Classification System that is presented on the "Legend," Plate Al. Logs of the test pits are presented on Plates A2 through A13. The final logs represent our interpretations of the field logs and the results of the laboratory tests on field samples. The stratification lines on the logs represent the approximate boundaries between soil types. In actuality, the transitions may be more gradual. Representative soil samples were collected and returned to our laboratory for further examination and testing. MAJOR DIVISIONS GRAPH LETTER TYPICAL DESCRIPTION SYMBOL SYMBOL ` o°O°O°o° GW Well -graded ravels, ravel -sand mixtures, 9 9 9 Clean gravels D > gw little or no fines Gravel and (little or no fines) ! l ! ! l ! l GP Poorly -graded gravels, gravel -sand gravelly soils lb w in w gl� mixtures, little or no fines More than 50% coarse fraction Gravels with fines • 412�bli • l GM Silty gravels, gravel -sand -silt mixtures Coarse -grained soils retained on No. 4 (appreciable amount g m Sieve of fines) GC Clayey gravels, gravel -sand -clay mixtures ge Well -graded sands, gravelly sands, little or no More than 50% Sand and sandy Clean sand ° e° ° ° sw fines material larger than No. 200 sieve size soils (little or no fines) ° ° • •°°° SP Poorly -graded sands, gravelly sands, little or no More than 50% sP fines SM Silty sands, sand -silt mixtures coarse fraction passing No. 4 Sands with fines Sm Sieve (appreciable amount SC of fines) Clayey sands, sand -clay mixtures Sc ML Inorganic silts and very fine sands, rock flour, ml silty -clayey fine sands, clayey silts with slight plasticity Silts Liquid limit CL Inorganic clays of low to medium plasticity, gravelly and clays less than 50 cl clays, sandy clays, silty clays, lean clays Fine-grained soils I " rlillll I I I OL Organic silts and organic silty clays of low l t I! I I l I I l r I 1 of plasticity More than 50% MH Inorganic silts, micaceous or diatomaceous fine material smaller than mh sand or silty soils CH Inorganic clays of high plasticity, fat clays No. 200 sieve size Silts Liquid limit and clays greater than 50 ch rr r� OH Organic clays of medium to high plasticity, oh organic silts r , Highly organic soils p•r Peat, humus, swamp soils with high organic Pt contents Topsoil W W W y W W Humus and duff layer Fill Highly variable constituents The discussion in the text of this report is necessary for a proper understanding of the nature of the material presented in the attached logs. Dual symbols are used to indicate borderline soil classification. C TORVANE READING, tsf I 2" O.D. SPLIT SPOON SAMPLER qu PENETROMETER READING, tsf W MOISTURE, % dry weight 2.4" I.D. RING OR SHELBY TUBE SAMPLER P SAMPLER PUSHED ' SAMPLE NOT RECOVERED WATER OBSERVATION WELL pcf DRY DENSITY, lb. per cubic ft. LL LIQUID LIMIT, % Q DEPTH OF ENCOUNTERED GROUNDWATER DURING PI PLASTIC INDEX EXCAVATION 1 SUBSEQUENT GROUNDWATER LEVEL WITH DATE Earth Consultants, Inc. LEGEND - Al � A Bureau veritas Company �'J Test Pit Log Project Name: Sheet of Federal Way Village 1 1 Job No. Logged by: Date: 12613 NER 8/24/06 Excavation Contractor: Aikins' Excavating _ Test Pit No.: TP-1 Approx. Ground Surface Elevation: 310' Notes: General Notes W (%) o L � `` >. C9 cn a p "- m U) � o d � >. U) Surface Conditions: Depth of topsoil and sod 4", tall grass and brush 9.1 22.4 20 2 14.2 i y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 SM Brown silty SAND with gravel, medium dense, dry (Fill) -becomes dense, moist -lens of poorly graded sand with gravel Brown sandy SILT, medium dense, moist (Fill) -59.9% fines -light seepage TOPSOIL, contains roots and organics - — Gray poorly graded SAND with silt, medium dense to dense, moist -contains organics, small roots ML TPSL a� a, SP-SM SM — Brown silty SAND with gravel, medium dense, moist - Test pit terminated at 17' below existing grade. Groundwater seepage encountered at 11' during excavations. Test pits excavated with a Hitachi EX120 tracked excavator by Aikins' Excavating. Elevations estimated from site plan provided by ESM Consulting Engineers, LLC and King CountyMAP Web site. Earth Consultants, Inc. A Bureau Veitz Covny Test Pit Log Federal Way Village Federal Way, Washington Proj. No. 12613 Dwn. DNM Date 9/7/06 Checked NER Date 9/7/06 1 Plate A2 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this log. Test Pit Log Project Name: Sheet of Federal Way Village 1 1 Job No. Logged by: Date: Test Pit No.: 12613 1 NER 8/24/06 TP-2 Excavation Contractor: Approx. Ground Surface Elevation: Aikins' Excavating 310' Notes: General Notes w (%) t -a a E `` >. C� rn a u) -5 Surface Conditions: Depth of topsoil and sod 12" to 16", 12" to 24" diameter a . cconifers, medium thick underbrush o Li- 5 E Ulu)to 4.1 30.1 1 2 3 4 5 6 7 $ g 10 11 SM Brown silty SAND with gravel, loose to medium dense, dry -caving from 1.5' to 11' ° p ° o O O O o°o 000 > O o°o 000 ) cJ o° o 000 � CJ °p > O Ic GW Gray well -graded GRAVEL with sand, medium dense, moist (Outwash) -lens of increased fines Test pit terminated at 11' below existing grade due to heavy caving. No groundwater encountered during excavation. Earth Consultants, Inc. A Bumau Ve(iw C pany Test Pit Log Federal Way Village Federal Way, Washington Proj. No. 12613 Dwn. DNM I Date 9/7/06 Checked NER Date 9/7/06 Plate A3 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarify representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this log. Test Pit Log Project Name: Sheet of Federal Way Village 1 1 Job No. Logged by: Date: Test Pit No 12613 NER �8/24/06 TP-3 _ Excavation Contractor: Approx. Ground Surface Elevation: Aikins' Excavating 300' Notes: General Notes W (%) o r - E C7 w L a o m rn o J >. rn Surface Conditions: Depth of topsoil and sod 8", 12" diameter trees and brush 1.8 2.7 3.2 . 1 . w • 1 lb ! 1 ! . ris •li ►w � w •. • il• 2, 3 a 5 6 7 $ 9 10 11 12 13 GP Grayish brown poorly graded GRAVEL with sand, medium dense, dry (Dutwash) -thin sand lens -moderate caving -1.1 % fines SM I Brown silty SAND with gravel, dense, slightly moist -decreasing fines Test pit terminated at 13' below existing grade. No groundwater encountered during excavation. ?:J Earth Consultants, Inc. A Burmu Ve(itas Carpany Test Pit Log Federal Way Village Federal Way, Washington Proj. No. 12613 Dwn. DNM Date 9/7/06 Checked NER Date 9/7/06 Plate A4 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysts and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or Interpretation by others of information presented on this log. Test Pit Log Project Name: Sheet of Federal Way Village 1 1 Job No. Logged by: Date: Test Pit No.: 12613 NER 8/24106 TP-4 Excavation Contractor: Approx. Ground Surface Elevation: Aikins' Excavating _ _ 332' Notes: General Notes W (%) 2 Q- E m >. 0 rn w aai U_ E o m cn U Surface conditions: Depth of topsoil and sod 12", 12" to 24" diameter trees, u) E underbrush � >. cn 2.4 1.6 � 1 2 3 4 5 s S 9 10 11 12 SM Brown silty SAND with gravel, medium dense, dry -decreasing fines -caving 0 0 ; > v p O p > co 00 0 000 >v GW Grayish brown well -graded GRAVEL with sand, medium dense, slightly moist (Outwash) ML Gray SILT, dense, slightly moist -contains gravel -increasing gravel and cobbles 2" to 6" diameter Test pit terminated at 12' below existing grade. No groundwater encountered during excavation. 01P Earth Consultants, Inc. MODEM A Bumau vctitz Co,rpany Test Pit Log Federal Way Village Federal Way, Washington Proj. No. 12613 Dwn. DNM Date 9/7/06 Checked NER Date 9/7/06 Plate A5 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this log. Test Pit Log Project Name: Federal Wa Village Job No. Logged by: 12613 NER Excavation Contractor: Aikins' Excavatin Notes: — — Date: 8/24/06 - - General W U O @ E a aa) ri E C) Q uUi E Notes M C� cn rn T N i SM 3 2 3.0 3 GW i] q oe o 4 p�0 5 SM 6 7 s 9 Sheet of 1 1 Test Pit No.: TP-5-- --� Approx. Ground Surface Elevation: 306 — — - - surface Conditions: Depth of topsoil and sod 12", scattered 12" to 36" diameter trees, underbrush Brown silty SAND with gravel, medium dense, dry Brown well -graded GRAVEL with sand, medium dense, slightly moist silty Gray SAND with gravel, dense, slightly moist (Glacial Till) -increasing moisture -thin lenses of silt s.7 111 Test pit terminated aeX Ica ation. existing g rade. No groundwater encountered during i Test Pit Log r Federal Way Village Earth Consultants, Inc• Federal Way, Washington A Bu,rau Veriius C� Plate A6 Checked NER Date 9/7/06 tests, analysis Dwn. DNM Date 9/7/06 Iaratory sneering retation by Proj. No. 12613 hole, modified by eng' Subsurface conditions depicted represent our observations at the time and location of this exp t res onsibility far the use or interp and iudgmenL They aeottne a th ilT, r presentative of other times and locations. We cannot accept p others of information presented Test Pit Log Project Name: Sheet of Federal Way Village 1 1 Job No. Logged by: Date: Test Pit No.: 12613 N E R _ 8/24/06 _ TP-6 Excavation Contractor: Approx. Ground Surface Elevation: _Aikins' Excavating J 335' Notes: o General W a Notes (%) CE ;, 9 cn 1 L N a s o u � � o U ,E, Surface Conditions: Depth of topsoil and sod 8", scattered trees, brush . 1 . GP Drown poorly graded GRAVEL with sand, medium dense, slightly •� moist (Outwash) •� 2 •• • 2.0 ! l ! -4.2%fines -iron oxide staining �. 3 -increasing fines ! l ! -becomes gray, dense, moist 4 w 5 (I •w ... r�• 7 w g w 9 !�! 10 A 8.7 11 Test pit terminated at 11' below existing grade. No groundwater encountered during excavation. Test Pit Log Earth Consultants Inc. Federal Way Village A Bureau Vmi&s Ca?pnay Federal Way, Washington Proj. No. 12613 Dwn. DNM Date 9/7/06 Checked NER 7 Date 9/7/06 Plate A7 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of Information presented on this log. Test Pit Log Sheet of Project Name: Federal Wa Village — — — T Date: Test Pit No.: Job No. Logged by: �— 8/24/06 TP-7----- 12613 NER — — -- — Approx. Ground Surface Elevation: Excavation Contractor: 320' — -- -- Aikins' Excavating — — — - - - — — Notes: Surface Conditions: Depth of topsoil and sod 6", blackberry brambles L 0 w a General W � E a ri m E Notes i 11 I SM Brown silty SAND with gravel, medium dense, dry 1 GW Brown well -graded sandy GRAVEL, medium dense, dry (Outwash) 04, 3 1.9 a a, q -caving 0 0 4 �Nn -contains 4" to 6" diameter cobbles ODO 5 Q OHO 6 . 0 a 7 a p $ SM Gray silty SAND with gravel, dense, moist (Glacial Till) 10 7.6 11 TeSt pit terminated at 11' below existing grade. No groundwater encountered during excavation. I I ' I Test Pit Log Federal Way Village 0 Earth Consultants, Inc. Federal Way, Washington u A Br�u Veritas Crn,�iarry Plate A8 Checked NER Date 9/7/06 Proj. No. 12613 Dwn. DNM Date 917/06 p ry engineering tests, analysis Subsurface con dtlions depicted represent our observations at the time and location of this exploratory hole, modified by 9 and judgment. They are not necessarilmayorepresentative of other times and locations. We cannot accept responsibility for the use or interpretation by others of inforiion presented on this I g Test Pit Log Project Name: Sheet of Federal Way Village 1 1 1 Job No. Logged by: Date: Test Pit No.: 12613 1 N E R 8/24/06 TP-8 Excavation Contractor: Approx. Ground Surface Elevation: Aikins' Excavating _ 320' Notes: General Notes W t o. E 0 U) a a m cn U U > cn Surface Conditions: Depth of topsoil and sod 4", sparse trees, thin brush SM Brown silty SAND with gravel, medium dense to dense, dry (Fill) 1 2 -chunks of asphalt 3.2 3 4 TPSL TOPSOIL, contains organics SM Brown silty SAND with gravel, medium dense, moist 5 0 0 o GW Brown well -graded GRAVEL with sand, medium dense to dense, CJ Ic 0 . p 000 6 moist (Outwash) -caving C7 opo 000 7 00 0 000 9 CJIc 00 0 000 10 > CJ OHO 000 11 2.2 > c-) OoO 12 Test pit terminated at 12.5' below existing grade. No groundwater encountered during excavation. Test Pit Log Earth Consultants, Inc. Federal Way Village A Bureau Vmtas Cerny Federal Way, Washington Proj. No. 12613 Dwn. DNM I Date 9/7/06 Checked NER I Date 9/7/06 Plate A9 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this log. Test Pit Log Project Name: Sheet of I Federal WayVillage 1 1 Job No. Logged by: Date: Test Pit No.: 12613 NER _ _ 8/24/06 Test Excavation Contractor: Approx. Ground Surface Elevation: Aikins' Excavating 314' Notes: o General W L Notes %j 2 ,E, C9 U) o o u m U 0 o j T Surface Conditions: Depth of topsoil and sod 6", tall brush o 0 o GW Brown well -graded GRAVEL with sand, medium dense, dry p (Dutwash) DSO 000 1 0 2 O -light caving p 3 00 0 000 4 p 00 0 Q 0 5 2.4 -becomes gray, slightly moist p OHO 000 s CJ 11 7 SM Gray silty SAND with gravel, dense, moist (Glacial Till) 8 9 10 11 5.8 12 7 Test pit terminated at 12' below existing grade. No groundwater encountered during excavation. _ Test Pit Log " Earth Consultants Inc. Federal Way Village r FA Bur= Veritas Crn�any � Federal Way, Washington W m Proj. No. 12613 Dwn. DNM Date 9/7/06 Checked NER Date 9/7/06 Plate A10 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this log. Test Pit Log Project Name: Sheet of Federal Way Villa e 1 1 Job No. Logged by: 1 Date: Test Pit No.: 12613 NER 8/24/06 TP-10 Excavation Contractor: Approx. Ground Surface Elevation: Aikins' Excavating 305' Notes: 2 o L „ � o Surface Conditions: Depth of topsoil and sod 8", tall brush and blackberry General Notes w a� (�7a) `a � a a o � m U a D >1 brambles 0 U) U) 0 0 , GW Brown well -graded GRAVEL with sand, medium dense, dry o (Outwash) 0 0 1 -contains some silt 0 -decreasing fines CJ 2 OHO o 0 1.5 0 3 o. o OHO o 4 -increasing moisture OHO ,0 5 0 OHO 000 6 0 7 SM Gray silty SAND with gravel, dense, moist (Glacial Till) 8 9 10 11 1.1 12 Test pit terminated at 12' below existing grade. No groundwater encountered during excavation. m 0 W W a' [9 m Test Pit Log a Earth Consultants, Inc. Federal Way Village a. A BwPau Venters Cmpany Federal Way, Washington W Proj. No. 12613 Dwn. DNM Date 9/7/06 Checked NER Date 9/7/06 Plate Al Subsurface conditions depicted represent our observations at the tune and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other tunes and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this fog. Test Pit Log Project Name: Sheet of Federal Way Village 1 1 Job No. Logged by: Date: Test Pit No.: 12613 1 NER 8/24/06 TP-11 _ Excavation Contractor. Approx. Ground Surface Elevation: Aikins' Excavating 305' Notes: o General W L T o Surface Conditions: Depth of topsoil and sod 8", 12" to 24" diameter trees, Notes ���°� 2; o U_ E co E sparse underbrush 0In U) CO . 0 e GW Brownish gray well -graded GRAVEL with sand, medium dense, v moist (Outwash) Oo O OQO 1 CJ 2 o ° °0° -sand lens 1.7 CD vo O 3 000 4 CJ O° o 000 5 q 400 6 CJ o°O 000 7 8 -iron oxide staining on gravel SM Gray silty SAND with gravel, dense to very dense, moist (Glacial Till) 9 -interbeddded lenses of silt and sand 10 11 -increasing moisture 8.8 12 Test pit terminated at 12' below existing grade. No groundwater encountered during excavation. =' Test Pit Log Earth Consultants Inc. F � Federal Way Village 11PW A Bureau ire Con any Federal Way, Washington w Proj. No. 12613 Dwn. DNM Date 9/7/06 Checked NER Date 9/7/06 Plate Al2 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this fog, Test Pit Log Project Name: Sheet of Federal Way Village 1 1 Job No. Logged by: Date: Test Pit No.: 12613 NER 8/24/06_ TP-12 Excavation Contractor: Approx. Ground Surface Elevation: Aikins' Excavating 305' Notes: _ w o t �, COo Surface Conditions: Depth of topsoil and sod 8", 12" to 24" diameter trees, General Notes o f6 >, a n o LL M U n Z) >, underbrush (D/D) 0 to to U) a 0 D GW Grayish brown well -graded GRAVEL with sand, medium dense, dry co (Outwash) oDo 000 1 q 2 -light caving 1.6 O40 -becomes moist q 3 oDo 0 0 0 -moderate caving 3.5' to 11' q 4 -sand lens with thin bedding visible oDo 0o �0 5 q 4' 6 -interbedded layers of sand and gravel OD D q ❑DO DOD 7 q 8 oD o ODO C) 9 oD o O0O 10 CJ OD O 0 0 D 0 D 11 SP Gray poorly graded SAND, medium dense, moist 9'ar D 0 12 c n 13 4.4 a v 14 Test pit terminated at 14' below existing grade. No groundwater encountered during excavation. Test Pit Log Earth Consultants, Inc. Federal Way Village A Bum= Veiw Conpany Federal Way, Washington Proj. No. 12613 Dwn. DNM I Date 9/7/06 Checked NER I Date 9/7/06 Plate Al auosurrace conainons aepictea represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this log. APPENDIX B LABORATORY TEST RESULTS E-12613 rr w z W U D_ W 11 [e Particle Size Distribution Report GRAIN SIZE - mm % COBBLES % GRAVEL % SAND % SILT I % CLAY USCS AASHTO PL LL 1.3 38.8 59.9 ML 57.2 41.7 1.1 GP 73.5 22.3 4.2 GP SIEVE PERCENT FINER inches sze O ❑ 1.5 100.0 100.0 100.0 3/4 100.0 82.4 60.9 3/8 99.0 56.4 34.7 GRAIN SIZE D60 0.0752 10.6 18.7 D30 0.803 7.21 D10 0.244 0.247 COEFFICIENTS Cc 0.25 11.25 Cu 43.39 75.82 O Source: ❑ Source: ,�s Source: EARTH SIEVE number size PERCENT FINER O ❑ #4 98.7 42.8 26.5 #8 97.6 36.2 21.2 # 16 96.5 32.3 18.3 #30 95.3 26.9 15.1 #50 92.9 13.8 11.2 # 100 82.2 3.5 7.1 #200 59.9 1.1 4.2 Sample No.: TP1 Sample No.: TP3 Sample No.: TP6 CONSULTANTS, INC. SOIL DESCRIPTION O TP1:6.5' ML Brown sandy Silt,22.40/o Moisture ❑ TP3:3' GP Brown poorly graded Gravel with sand,1.8 % Moisture p TP6:2.5' GP Brown poorly graded Gravel with sand;2.0% Moisture REMARKS: O Sampled by:NER Tested by:FTJ ❑ Sampled by:NER Tested by:FTJ A Sampled by:NER Tested by:FTJ Elev./Depth: 6.5' Elev./Depth: 3' Elev./Depth: 2.5' Particle Size Distribution Report 100 90 80 NL 70 lY Z 60 ILL Z 50 W U W 40 Ci. 30 20 10 flkrli 0 ILLIf I 200 100 10 __A 1 0.1 0.01 0.001 GRAIN SIZE - mm O SOIL DESCRIPTION Brown well -graded Gravel with sand;2.4% Moisture REMARKS: Tested by:FTJ O Source: Sample No.: TP9 Elev./Depth: 5' EARTH Client: SBIDev. Project: Federal Way Village CONSULTANTS, INC. Project No.: E-12613 Plate B-2 COBBLES °% GRAVEL %SAND %SILT %CLAY USCS AASHTO PL LL �Z.� 36.2 1.3 GW SIEVE PERCENT FINER inches O ewe 1.5 82.5 3/4 72.7 3/8 51.0 GRAIN SIZE �60 12.6 SIEVE number PERCENT FINER DISTRIBUTION E-12613 3 Copies to: Mr. Kurt Wilson SBI Development PO Box 73790 Puyallup, Washington 98373 6 Copies to: Mr. Eric LaBrie ESM Consulting Engineers 33915 First Way South, Suite 200 Federal Way, Washington 98003 RECEIVE DEC 1 9 Z006 oEnvironmentN'G"Dptimum EP�"' A Division of OE Enterprises, Inc PO Box 114 Issaquah, WA 98027 Tel (425) 391-8292 www.optimumenvironment.com E-mail Errol@optimumenvironment.com Noise Evaluation Federal Way Village LLC SBI Developing LLC PO Box 73790 Puyallup, WA 98373 Introduction Federal Way Village LLC is proposing to develop an approximately 45 acre site known as Kitts Corner located on the SW corner of S. 336th St and Pacific Hwy S. in Federal Way, WA, with a combination of residential and commercial uses (See Figure 1- Zoning Map). The site is largely wooded with meandering roads traversing the site. It is bisected by a wetland and includes a regional storm water detention system operated by the City of Federal Way (See Figure 2 - Aerial Photo). The area surrounding the site is zoned for business, office and other commercial uses. A senior living center is located adjacent to the NW corner of the site. This noise evaluation will: 1) Summarize a series of noise measurements taken to determine existing day and night noise levels on and adjacent to the site. 2) Identify existing sources of noise on the site. 3) Determine compliance of existing land uses at the site boundaries with noise regulations, especially at the residential boundaries. Federal Way Village LLC Noise Evaluation_ 4) Identify methods to attenuate and mitigate noise from both the proposal and from existing activities. 5) Determine compliance with noise limitations as promulgated by Washington State statutes and administrative. code (WAC 173-60) as referenced by the City of Federal Way in Chapter 22-956. Noise Regulations and Interpreting [Measurements Applicable Noise Regulations Noise regulations applicable to the site are codified in WAC 173-60, which has been adopted by reference by the City of Federal Way, WA. The maximum permissible noise levels from WAC 173-60 are summarized in Table I below: Table I Noise Limitations dBA EDNA* OF NOISE SOURCE EDNA OF RECEIVING PROPERTY CLASS A CLASS B CLASS C RESIDENTIAL COMMERCIAL INDUSTRIAL A - RESIDENTIAL 55 57 60 B - COMMERCIAL 57 60 65` C - INDUSTRIAL 60 65 70 *Environmental Designation for Noise Abatement (based on Land Use and Zoning) Between the hours or 10:00 PM and 7:00 AM the limitations of the above table shall be reduced by 10 dBA for the receiving property for residential (Class A) zones. These noise levels may be exceeded on the receiving property for any one hour day or night as follows: 15 dBA for 1.5 minutes; Approximately -equivalent to L2.5. 10 dBA for 5 minutes; Approximately equivalent to L8.3. 5 dBA for15 minutes; Approximately equivalent to L25. These regulations exempt a wide range of noise sources on both public and private property from the noise limitations in Table I. Exemptions Optimum Environment 2 October 16, 2006 1 Federal Way Village LLC Noise Evaluation include, but are not limited to: vehicles, trains, planes and natural sources. A comprehensive list of exemptions to the noise limitations can be found in WAC 173-60. Under the applicable noise regulations and definitions, activity from noise sources and the proposed uses on the site are 57 dBA at the residential/commercial EDNA boundaries and 60 dBA at the commercial/commercial EDNA boundaries. The City of Federal Way Zoning Code (Chapter 22) related to office and retail uses (several sections) specifies that 'The site must be designed so the noise from this use will not be audible off the subject property, based on a certificate to this effect signed by an acoustical engineer and filed with the development permit application." There are no requirements in the zoning code that limit noise off the subject property from residential zones or uses. Interpreting Measurements and Correlating with Regulations Today's integrating sound level meters measure noise energy and total noise exposure, and the noise metrics used correlate with but are not directly representative of the limitations described in Table I above. The standard noise metric used by today's integrating meters is the L descriptor, which is a statistical description of the noise energy exceeded a specified percentage of the time. Lmax is the highest and Lmin the lowest sound levels observed during the measurement period. Leq is the average sound energy level observed during the measurement period. The measurements taken with the digital noise meter directly measure and record Lmax, Lmin and Leq. When the 5, 10 and 15 dBA allowable noise exceedances In the regulations shown in Table I are factored into a one hour measurement period - as noise energy - the Leq limitation measured by the noise meter associated with an EDNA limitation in the regulations is 4.2 dBA higher than the limitation. For example: The noise limitation in Table I at the commercial/residential EDNA boundary is 57 dBA. When the total noise energy from the allowable exceedances Is included (up to 72 dBA for 1.5 min, 67 dBA for 5 min and 62 dBA for 15 min) for any one hour period, the resultant one - hour Leq is 61.2 dBA. Therefore, a measured Leq less than 61.2 dBA is considered to be in compliance with the noise limitations described in Table I. Correspondingly a 50 dBA limitation = 54.2 dBA Leq, 70 = 74.2 Leq, etc. The data from the noise measurements will be evaluated in terms of Leq to determine compliance of the site with the noise limitations in WAC 173-60. i Optimum Environment 3 October 16, 2006 Federal Way Village LLC Noise Evaluation Measurement periods can be of any duration from a few seconds to several hours. For this noise evaluation, 10 to 15-minute measurement periods are used and are reasonably representative of expected hourly Leq noise levels at the EDNA boundary. Since the digital noise meters measure and record all noise (exempt and non-exempt) generated, two factors have to be considered in any noise evaluation: How do you incorporate the noise exceedances allowed in Table I? If the meter measures all noise, how do you differentiate between exempt noise sources, other (external) non-exempt noise sources and determine the actual noise contribution of the facility being evaluated and compliance with the regulations? Rather than incorporating the exceedances, for purposes of this report, if the Leq is less than the 60 dBA limitation at the commercial/commercial EDNA (property) boundary then the site is considered to be in compliance with the regulations at both the residential and commercial boundaries. Measured Noise Levels Noise measurements were taken on Tuesday September 12, 2006 between 1:30 and 3 PM, and 11:15 PM and 12:45 AM (Wed). Weather was clear with winds 2-4 mph. Daytime temperature was about 70 degrees F, dropping to below 60 degrees F at night. Skies were'clear. Noise measurements were taken with Quest 2800 - Type II integrating noise meter set on slow response with windscreen attached and calibrated prior to and after the measurements. The noise meter was calibrated to 110.0 dBA prior to the measurements, and recalibrated at 110.0 dBA at the conclusion of each set of measurements. Noise measurement locations are shown in Figure 2 Aerial Photo. Table II summarizes the highest, lowest and average noise levels from existing activity adjacent to the site. Optimum Environment 4 October 16, 2006 Federal Way Village LLC Noise Evaluation_ Table rr Noise Measurements dBA Location v h* Dur m.s. Lmax Lmin Le Daytime Site 1 50' off CL SE 336th St 1092 15:00 Site 2 50' off CL Pac Hwy S. 2404 15:00 Site 3 Center of Site NA 15:00 Site 4 SW Corner (Frito Lay) NA 15:00 Night Site 1 50' off CL SE 336th St 92 10:00 Site 2 50' off CL Pac Hwy S. Site 3 Center of Site Site 4 SW Corner (Frito Lay) * vph= vehicles per hour 78.9 49.7 68.2 79.7 48.9 67.6 68.1 44.4 56.3 70.3 42.2 54.3 77.7 32.3 60.6 148 10:00 73.6 42.8 58.9 NA 10:00 71.3 39.8 55.4 NA 10:00 55.6 43.6 45.9 The primary source of noise on the site was external to the site and created by vehicle traffic (exempt) - primarily on Pacific Hwy S and S. 336t" St. Traffic volumes were counted at Sites 1 and 2 during the measurements. Noise levels decreased rapidly as the center of the site was approached, declining to a minimum at the SW corner of the site. Noise levels (day) drop below 60 dBA Leq approximately 250 feet from Pacific Hwy S and S 336th St, and are below 55 dBA Leq in the SW corner. Night Leq noise levels in the SW corner were approximately 45 dBA. Other sources of external noise included jet, helicopter and plane flyovers (exempt). The site is located under the flight pattern for SeaTac International Airport, and was in north flow (landing) during both the day and night measurements. Hammering and backup alarms (exempt) were audible at measurement Site 4 during the day measurements. The red lines in Figure 2 show the approximate 55 and 60 dBA noise contours resulting from existing off -site noise sources. In Optimum Environment 5 October 16, 2006 Federal Way Village LLC Noise Evaluation summary, audible and measurable noise on the site originates offsite and is generated primarily by exempt sources. Including exempt noise, only Site 4 in the SW corner is below with both the day and night noise limitations. Noise Expected from Site Activities Development of the site for business and residential uses will create short-term noise from construction activity and long-term noise from on -site traffic movement and other sources typically generated by normal residential and business activities. Short-term noise from construction activity would include hammering, sawing and operation of small electric or pneumatic tools (nail guns). Backup alarms (an exempt source) would occur from excavation equipments and trucks. Noise from these activities would cease on completion of the project. Noise from construction activities are exempt from the noise limitations under WAC 173-60-050(3)(a). Long-term noise would originate from typical residential and business activities: Internal traffic movement, landscaping of the grounds, people talking, doors opening and closing and other noises usually associated with residential and business activities. Based on the noise measurements and the zoning (Figure 1), the present proposed location of the business and residential zones is the best alternative to minimize noise levels from exterior sources at the residential/commercial EDNA boundaries. The residential homes along S. 336th St will be exposed to higher levels of traffic noise. Based on the noise measurements, existing business activity along the west property boundary is relatively quiet and well below the noise limitations and will not impact the proposed residences. The measured Leq noise levels of 55 dBA and below are representative of the noise levels in the residential zone, with exception of the homes located along S. 336th St. Under the 1974 EPA guidelines relating to the impacts of noise, levels of 55 dBA and under are considered "generally acceptable" and do not pose a health risk to humans. The proposed business areas will be exposed to the higher noise levels from off -site traffic (55 to 68 dBA Leq) on adjacent streets and provide a buffer between traffic noise from Pacific Hwy S and the residences. Optimum Environment 6 October 16, 2006 Federal Way Village LLC Noise Evaluation -- Because of the nature of business activities, higher noise levels are normally tolerated from activities. Noise Mitigation The City of Federal Way has no rules or standards relating to noise reduction in buildings constructed in inherently noisy environments, except that all new construction conforms to the standards specified in WAC 51-11 (WA State Energy Code) and WAC 51-50 & 51 (International and Residential Building Codes). The City does specify in its Zoning Code (Chapter 22) that in the Office/Retail/Professional zones do not generate noise that is audible off -site. There are no requirements in the zoning code that noise generated in residential zones must not be audible off -site. In general, buildings that are in compliance with the Washington State Energy Code (WAC 51-11) requirements normally reduce exterior noise levels 25 dBA or more. Therefore, current construction practices will yield interior noise levels in the residential units that are below 40 dBA and will not interfere with sleeping. Additional mitigation may be achieved by locating bedrooms of homes in the residential area adjacent to S. 336th St and the west property boundary on the back side of the homes, away from exterior sources of noise. Findings 1. The site is presently vacant and all sources of measured noise originate off the site. 2. Based on measurements on the site existing noise levels exceed 60 dBA Leq within 250 feet of the arterials along the north and east site boundaries and are below 55 dBA Leq in the SW corner of the site. 3. Traffic on local arterials and aircraft in the SeaTac flight patterns are the dominant contributors to noise measured on the site. 4. The quietest area on the site is adjacent to the west boundary at the SW corner. Noise from the Frito-Lay facility was periodically audible, but made no measurable contribution to the overall existing noise levels and noise levels were well below any regulatory limitations at the residential/commercial EDNA boundary. Optimum Environment 7 October 16, 2006 1 Federal Way Village uuC Noise Evaluation 5. The City of Federal Way has adopted by reference the State Noise limitations (WAC 173-60), the State Energy Program (WAC 51-11 and the State Building Codes (WAC 51-50 & 51). 6. The City of Federal Way Zoning Code (Chapter 22) does regulate noise originating from Office/Retail/Professional zones to not be audible off the property boundaries. It does not regulate noise originating from residential sources off the property boundaries. 7. Construction of buildings - commercial and residential - to the WA State Energy Code standards achieves approximately a 25 dBA reduction in interior noise levels. For residences this should reduce interior noise levels to below 40 dBA in sleeping areas. It will also similarly reduce noise levels from interior business activities to the exterior, and is expected to achieve compliance with the Zoning Code regulations described in Finding 6. Conclusion The site is located in a generally noisy environment created primarily by local traffic and jet aircraft flyovers from SeaTac airport. Noise from adjacent business sources makes a negligible contribution to measured levels on the site. Construction of the proposed buildings to the Washington State Energy Code regulations is expected achieve interior noise levels below 40 dBA in sleeping areas of the proposed residences, and achieve compliance with the Federal Way Zoning Code for noise generated by proposed businesses. Prepared by Errol Nelson P.E. Expires 2/11/08 Optimum Environment 8 October 16, 2006 .& Neod'eral Way Set View r— ZMWFW M� P� AS Data Tools . 6,A� Select Tools E Federai'Q'Y&y Property in-,.-,-.rmation Legend 25 it. Contours Streams kohijor Streets Streets ARTERYL COLLECTOR Wetlands Zoning (Detafl) Famels Puget Sound Lakes Zoning - Generalized ■ C7,v-, 8.vCFmfji:Y S--ve Neighboring Cities ja<wxparalwhrtw, yea A1di_: Key, NI'm Tm=a ,Lon!,n,T,,, Figure 71" Iflaue LL' ,--I Federal Way Now .iL Send To Printer Back To TerraServer Change to 11x17 Print Size Show Grid Lines Change to Landscape USGS Federal Way, Washington, Unified States 13 Jun 2002 _ `4& 4Y �t - �.. _ILL� i� � • i, -Draw 0' 'ZOOM 0' ' ZOOyd Image courtesy of the U.S. Geological Survey ro ,,)ft Corporation, Terms of Use Privacy Statement N �-)4se Measurement Sites figure 2 &L Contours i�ecrlierrai Warr Village LAL Form No. 14 Subdivision Guarantee Guarantee No.: 4268-877495 GUARANTEE Issued by First American Title Insurance Company 3866 S 74th St, Tacoma, WA 98409 Title Officer; Pat Fullerton Phone; (253)471-1234 FAX,• RECEIVED DEC 19 Z006 CITY OF FEDERAL WAY BUILDING DEPT. FistAmalingn Title Form No. 14 Subdivision Guarantee (4-10-75) ■ .First American Pat Fullerton (206) 615-3055 pfullerton@flrstam.com Amy Garza (206)615-3010 amgarza@firstam.com LIABILITY $ 1,000.00 FOURTH REPORT Title Team One Fax No. (866) 904-2177 Colleen Franz (206) 615-3050 dranz@firstam.com SUBDIVISION GUARANTEE Guarantee No.: 4268-877495 Page No.: 1 First American We Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn - (253)471-1234 Fax - Jennifer Salas (206)615-3011 jsalas@firstam.com Tina Kotas (206) 615-3012 tkotas@firstam.com ORDER NO.: FEE $ 350.00 TAX $ 30.80 YOUR REF First American Title Insurance Company a Corporation, herein called the Company 4268-877495 Federal Way Village LLC Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Federal Way Village LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: November 9, 2006 at 7:30 A.M. FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No.: 4268-877495 Page No.: 2 Wayne B. Knight and Dagmar Q. Knight, husband and wife, and Jane Cloe, as her separate estate, as to Parcel A; John H. MacLeod and Sarah MacLeod, who also appears of record as Sally MacLeod, trustees under the John H. MacLeod and Sarah MacLeod Family Trust, U.D.T. August 8, 1986; and William J. Chase and Jeanette M. Chase, trustees of the William J. Chase and Jeanette M. Chase Living Trust, as to Parcel B; Jean M. Merlino, presumptively subject to the community interest of her spouse if married on or since June 28, 1993; James E. Merlino, as his separate estate; and Merlino Federal Way Land LLC, a Washington limited liability company, as to Parcel C; Campus Gateway Associates, a Washington limited partnership, as to Parcel D; Kitts Corner Partners LLC, a Washington limited liability company, as to Parcel E; Ralph 0. Jones, Jr., as his separate estate, as to Parcel F; and E. Curtis Nelson, Jr., and Elizabeth A.H. Nelson, husband and wife, as to Parcel G B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: The land referred to in this report is described in Exhibit A attached hereto. RrstAfnvritan Tit/e Form No. 14 Subdivision Guarantee (4-10-75) EXHIBIT A LEGAL DESCRIPTION Parcel A: Guarantee No.: 4268-877495 Page No.: 3 The North half of the North half of the North half of the Southeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying Westerly of State Highway. Parcel B: That portion of the South half of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying West of the Seattle -Tacoma Highway; EXCEPT roads, and EXCEPT the following portion: Beginning at a point on the West boundary of the Seattle -Tacoma Highway 30 feet Northeasterly of a point where the West boundary of said highway intersects the South line of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; running thence West parallel with the South line of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., 200 feet; running thence North 0010'12" East to the North line of the South half of the South half of said Northeast quarter of the Northeast quarter of said Section 20; thence East along said line of said South half of the South half of the Northeast quarter of the Northeast quarter of said Section 20 to the West boundary of the Seattle -Tacoma Highway; thence Southwesterly along the West line of Seattle -Tacoma Highway to the point of beginning. ALSO EXCEPT therefrom that portion conveyed to the State of Washington by instrumnet recorded under Recording No. 3722662. Parcel C: The North half of the South half of the Northeast quarter of the Northeast quarter of Sectino 20, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion thereof described as follows: Commencing at the Northeast corner of said Section 20; thence South 00009'38" West along the Easterly line thereof 877.49 feet; thence North 89048'55" West 241.00 feet to the true point of beginning; thence continuing North 89048'55" West 82.00 feet; thence South 00009'38" West 108.68 feet; thence South 89048'55" East 82.00 feet; thence North 00009'38" East 108.68 feet to the true point of beginning; AND EXCEPT that portion thereof described as follows: Commencing at the Northeast corner of said Section 20; thence South 00009'38" West along the Easterly line thereof 877.49 feet; thence North 89048'55" West 60.00 feet to the West boundary of Primary State Highway No. 1 (also known as U.S. Highway 99) and the true point of beginning; FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 4 thence continuing North 89048'55" West 181.00 feet; thence South 00009'38" West 108.68 feet; thence South 89048'55" East 81.00 feet; thence South 00009'38" West 24.87 feet; thence South 89048'55" East 90.00 feet, more or less, to the Westerly margin of said Primary State Highway No. 1; thence Northerly along said West margin to the true point of beginning. AND EXCEPT that portion thereof conveyed to the State of Washington for Primary State Highway No. 1 (also known as U.S. Highway 99). Parcel D: The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; Except the West 300.00 feet thereof; AND Except the North 42 feet thereof conveyed for road by deed recorded under Recording No. 7410030037; TOGETHER with the North half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington; Except the North 42 feet thereof conveyed for road by deed recorded under Recording No. 7410030037; And Except that portion lying Westerly of Primary State Highway No. 1 (Pacific Highway South) as conveyed by deeds recorded under Recording Nos. 1778234 and 3715474. And Except the East 223.6 feet of that portion of the South 223.6 feet of the North 265.6 feet of the East 319 feet of the North half of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., lying Westerly of Primary State Highway No. 1 (Pacific Highway South) as conveyed by deed recorded under Recording No. 1778234 (said "excepted" parcel also being known as an unidentified Lot in King County Boundary Line Adjustment No. 8810007, recorded under King County Recording No. 8812200807). ALSO Except that portion conveyed to the City of Federal Way under instrument recorded under Recording No. 20020926001701. (Also known as New Lot 2 of King County Boundary Line Adjustment No. BLA 00-105818-000-00-SU, recorded under Recording No. 20010802900007) Parcel E: That portion of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the South margin of South 336th Street with the West margin of Pacific Highway South, as conveyed by deed recorded under Recording No. 1778234; thence South 1012'23" West along said West margin 223.60 feet to the South line of the North 265.60 feet of said subdivision; thence North 88044'45" West along said South line 223.60 feet to the West line of the East 262.40 feet of said subdivision; thence North 1012'23" East along said West line 223.60 feet to the said South margin of South 336th Street; thence South 88044'45" East 223.60 feet to the point of beginning. FirstAmer%Can Title Form No. 14 Guarantee No.: 4268-877495 Subdivision Guarantee (4-10-75) Page No.: 5 EXCEPT those portions conveyed to the City of Federal Way by deeds recorded under Recording Nos. 19990816000053,19990819001819 and 20020927001676. Parcel F: That portion of the South half of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the point of intersection of the Westerly boundary of Primary State Road No. 1 as the same existed prior to July 29, 1947, with the Southerly line of said subdivision, and running thence Northeasterly, along said prior boundary line, 30 feet to the true point of beginning of the tract herein described; thence Westerly, parallel to the Southerly line of said subdivision 200 feet; thence North 0010'12" East to the Northerly line of said subdivision; thence Easterly, along said Northerly line, to said prior Westerly boundary of State Road No. 1; thence Southerly, along said Westerly boundary to the true point of beginning; Except that portion of the North 25 feet thereof, lying East of a line drawn South 0037'02" East from a point on the North line of said subdivision which is South 891127'02" West 100 feet from the Westerly line of Primary State Road No. 1 as conveyed to the State of Washington by deeds recorded under Recording Nos. 3706374 and 3722663, records of said County; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deed recorded in Volume 2663 of Deeds at Page 127, records of said County. Parcel G: That portion of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, range 4 East, W.M., in King County, Washington, described as follows: Commencing at the Northeast corner of said Section 20; thence South 00009'38" West along the Easterly line thereof, 877.49 feet; thence North 89048'35" West, 137.00 feet to the Point of Beginning; thence continuing North 89048'35" West, 186.00 feet; thence South 00009'38" West, 108.68 feet to the South line of the North half of said subdivision; thence South 89048'35" East, along said South line, 183.00 feet; thence South 00009'38" West, 24.87 feet; thence South 89048'35" East, 86.28 feet to the Westerly margin of Primary State Highway No. 1 (also known as U.S. Highway 99); thence along said Westerly margin along a curve to the left, the center of which bears North 82030'57" West, 2805.00 feet distant, through a central angle of 00033'20", an arc distance of 27.20 feet; thence North 89048'35" West, 56.73 feet; thence North 27056'13" West, 20.98 feet; thence North 00009'38" East, 88.05 feet to the True Point of Beginning. (Also known as Revised Parcel B of City of Federal Way Boundary Line Adjustment No. 99-0007, recorded under Recording No. 20000126900005) APN: 202104900404 First Annerkan Title Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4268-877495 Page No.: 6 1. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of Federal Way as disclosed by instrument recorded under recording no. 8905120210. 2. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Harry J. Horan as his sole and separate property pursuant to Decree of Dissolution entered in King County Superior Court Grantee/Beneficiary: Ray E. Zimmerman Trustee: Commonwealth Land Title Company of Washington, a Washington corporation Amount: $250,054.45 Recorded: November 19, 1992 Recording Information: 9211190738 According to the public records, the beneficial interest under the deed of trust was assigned to Zimmerman Properties Limited Partnership by assignment recorded January 6, 1993 as 9301060635 of Official Records. Portion Parcel G 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: James E. Merlino, Michelle F. Merlino, Jean M., Paul L. Merlino and Cheryl Merlino Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $120,000.00 Recorded: April 21, 1997 Recording Information: 9704211044 Parcel C 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Campus Gateway Associates, a Washington limited partnership Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $60,000.00 Recorded: April 21, 1997 Recording Information: 9704211045 Parcel D and other property FirstAmerican Tit/e Form No. 14 Subdivision Guarantee (4-10-75) 5. Deed of Trust and the terms and conditions thereof. Guarantee No.: 4268-877495 Page No.: 7 Grantor/Trustor: William J. Chase and Jeanette M. Chase, husband wife, as Trustees of the William J. Chase and Jeanette M. Chase Living Trust, and John H. MacLeod and Sarah MacLeod, husband and wife, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust Grantee/Beneficiary: The City of Federal Way, Washington, a municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $90,000.00 Recorded: April 21, 1997 Recording Information: 9704211051 Parcel B 6. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: E. Curtis Nelson, Jr., and Elizabeth H. Nelson Grantee/Beneficiary: Washington Trust Bank Trustee: First American Title Company Amount: $182,000.00 Recorded: January 10, 2001 Recording Information: 20010110000491 Parcel G 7. Question of the marital status of Jean M. Merlino on June 28, 1993, date of acquiring title. In addition, title is subject to matters which the record may disclose against the name of said spouse, if married. 8. Terms and conditions of the William J. Chase and Jeanette M. Chase Living Trust, under which title is vested. 9. Terms and conditions of the John H. MacLeod and Sarah MacLeod Family Trust, under which title is vested. 10. 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. 11. Easement resulting from King County Superior Court condemnation, including terms and provisions contained therein: Cause No.: 823293 In Favor of: Lakehaven Sewer District For: sewer main(s) Affects: Parcel A 12. Terms, covenants, conditions and restrictions as contained in unrecorded Lot Line Adjustment No. 685018, disclosed by numerous instruments of record. Parcel G Rf!t, American Tithe Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 8 13. Easement, including terms and provisions contained therein: Recording Information: 7612010610 In Favor of: Lakehaven Sewer District For: sewer main(s) Parcel C 14. Right to make necessary slopes for cuts or fills upon said premises for 336th Street as granted by deed recorded October 8, 1974 under recording no. 7410080037. Parcel D 15. Easement, including terms and provisions contained therein: Recording Information: 7612010602 In Favor of: Lakehaven Sewer District For: sewer main(s) Parcel D 16. Easement, including terms and provisions contained therein: Recording Information: 7612010603 In Favor of: Lakehaven Sewer District For: sewer main(s) Parcel D 17. Easement, including terms and provisions contained therein: Recording Information: 7612230644 In Favor of: Lakehaven Sewer District, a municipal corporation For: sewer mains and appurtenances Parcel B 18. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 8610279015, recorded in volume 52 of surveys, at page(s) 1, in King County, Washington. Parcel G 19. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: December 20, 1988 Recording Informaton: 8812200807 20. Easement, including terms and provisions contained therein: Recording Information: 8812231027 In Favor of: Exxon Corporation For: access Parcel E First American Me Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 9 21. Right to make necessary slopes for cuts or fills upon said premises for South 336th Street as granted by deed recorded May 12, 1989 under recording no. 8905120210. 22. Easement, including terms and provisions contained therein: Recording Information: 9210272854 In Favor of: owners For: ingress and egress Parcel G 23. Easement, including terms and provisions contained therein: Recording Information: 9601020659 In Favor of: City of Federal Way For: drainage facilities Parcel A 24. Easement, including terms and provisions contained therein: Recording Information: 9601020660 In Favor of: City of Federal Way For: drainage facilities Parcel A 25. Easement, including terms and provisions contained therein: Recording Information: 9601020661 In Favor of: City of Federal Way For: detention and wetland/stream restoration Parcel A 26. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9607129012 , in King County, Washington. 27. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 9704211043 28. Easement, including terms and provisions contained therein: Recording Information: 9704211047 In Favor of: City of Federal Way For: innundation/surface water Parcel B FirstAmerican Title Form No. 14 Guarantee No.: 4268-877495 Subdivision Guarantee (4-10-75) Page No.: 10 29. Easement, including terms and provisions contained therein: Recording Information: 9704211048 In Favor of: City of Federal Way For: wetlands, stream & buffers Parcel B 30. Easement, including terms and provisions contained therein: Recording Information: 9704211049 In Favor of: City of Federal Way For: access maintenance road & storm drainage Parcel B 31. Easement, including terms and provisions contained therein: Recording Information: 9704211050 In Favor of: City of Federal Way For: dam & appurtenant surface water structures & wetlands mitigation and stream reconstruction Parcel B 32. Easement, including terms and provisions contained therein: Recording Information: 9704220986 In Favor of: City of Federal Way For: inundation Parcel C 33. Easement, including terms and provisions contained therein: Recording Information: 9704220987 In Favor of: City of Federal Way For: access maintenance road & storm drainage Parcel C 34. Easement, including terms and provisions contained therein: Recording Information: 9704220988 In Favor of: City of Federal Way For: westlands & stream buffers Parcel C 35. Easement, including terms and provisions contained therein: Recording Information: 9704221245 In Favor of: City of Federal Way For: manhole & related facilities Parcel D FlrstAmerlcan Title Form No.14 Subdivision Guarantee (4-10-75) 36. Easement, including terms and provisions contained therein: Recording Information: 9704221246 In Favor of: City of Federal Way For: manhole & related facilities Parcel D 37. Easement, including terms and provisions contained therein: Recording Information: 9704221247 In Favor of: City of Federal Way For: wetlands & stream buffers Parcel D Guarantee No.: 4268-877495 Page No.: 11 38. Easement, including terms and provisions contained therein: Recording Information: 9704221248 In Favor of: City of Federal Way For: access maintenance road & storm drainage Parcel D 39. Easement, including terms and provisions contained therein: Recording Information: 9704221249 In Favor of: City of Federal Way For: inundation Parcel D 40. Easement, including terms and provisions contained therein: Recording Information: 9706180616 In Favor of: City of Federal Way For: manhole & related facilities Parcel D 41. Possession and Use Agreement and the terms and conditions thereof: Between: City of Federal Way, a Washington municipal corporation And: Rajinder Johal and Kulwinder Johal, husband and wife Recording Information: 9806052195 Parcel E 42. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 19990816000033 FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 12 43. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: January 26, 2000 Recording Informaton: 20000126900005 44. Easement, including terms and provisions contained therein: Recording Information: 20010110000492 In Favor of: mutual owners For: reciprocal easements (driveway aisles) Parcel G 45. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: August 2, 2001 Recording Informaton: 20010802900007 46. Easement, including terms and provisions contained therein: Recording Information: 20030109002453 In Favor of: City of Federal Way For: rights -of -way and utilities Parcel E 47. The terms and provisions contained in the document entitled "Ordinance No. 05-490" Recorded: June 24, 2005 Recording No.: 20050624000625 Said instrument also recorded under Recording Nos. 20050624000623, 20050624000624, 20050624000626,20050624000627,20050624000628,20050624000629,20050624000630 48. The terms and provisions contained in the document entitled "Memorandum of Agreement to Purchase Real Property" Recorded: September 19, 2006 Recording No.: 20060919000872 49. Matters that may be disclosed upon recordation of the final subdivision. RkstAn,?eixdt7 Title Form No. 14 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES Guarantee No.: 4268-877495 Page No.: 13 A. 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. B. General taxes for the year 2006, which have been paid. Tax Account No.: 202104900404 Code Area: 1205 Amount: $ 5,901.46 Assessed Land Value: $ 500,000.00 Assessed Improvement Value: $ 0.00 (as to Parcel A) C. General taxes for the year 2006, which have been paid. Tax Account No.: 202104907201 Code Area: 1205 Amount: $ 9,958.65 Assessed Land Value: $ 843,900.00 Assessed Improvement Value: $ 0.00 (as to Parcel B) D. General taxes for the year 2006, which have been paid. Tax Account No.: 202104900107 Code Area: 1205 Amount: $ 13,674.46 Assessed Land Value: $ 1,159,100.00 Assessed Improvement Value: $ 0.00 (as to Parcel C) E. General taxes for the year 2006, which have been paid. Tax Account No.: 202104907003 Code Area: 1205 Amount: $ 33,591.08 Assessed Land Value: $ 2,847,200.00 Assessed Improvement Value: $ 0.00 (as to Parcel D) First Amt rlcdl7 Tit/e Form No. 14 Subdivision Guarantee (4-10-75) F. General taxes for the year 2006, which have been paid. Tax Account No.: 202104906906 Code Area: 1205 Amount: $ 5,551.78 Assessed Land Value: $ 470,400.00 Assessed Improvement Value: $ 0.00 (as to Parcel E) G. General taxes for the year 2006, which have been paid. Tax Account No.: 202104908001 Code Area: 1205 Amount: $ 3,855.27 Assessed Land Value: $ 326,700.00 Assessed Improvement Value: $ 0.00 (as to Parcel F) H. General taxes for the year 2006, which have been paid. Tax Account No.: 202104909009 Code Area: 1205 Amount: $ 2,765.88 Assessed Land Value: $ 135,800.00 Assessed Improvement Value: $ 82,400.00 (as to Parcel G) Guarantee No.: 4268-877495 Page No.: 14 FirstAmerlcan Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4268-877495 Page No.: 15 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the Followng: (a) Defects, liens, encumbrances, adverse cialms or other matters affecting the title to any property beyond the lines of the land expressly described in the description sett forth In Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or In Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not Include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right; title, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of bust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall tame ib an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No fluty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured Is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which In its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability at waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or 'interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the rlght, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (40) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of toss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorised representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative or the Company, the Assured shall grant its permission, In writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. Ali information designated as confidential by the Assured provided to the Company, 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 Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information From third parties as required In the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1252 (Rev. 12115/95) FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the titre, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the titre, as stated herein. Guarantee No.: 4268-877495 Page No.: 16 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all fights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Titre Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) FirstAmerican Title