16-104308ci-rr OF
Federal Way
November 29, 2016
NWCC Center Plaza, LLC
Attn: Mark McDonald
1402 E Pike St
Seattle, WA 98122
RE; Permit #16-104305-00-SM; NWCC Center Plaza, LLC
2104 S 3200' Street
Dear Mr. McDonald,
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
This letter responds to your request to waive the required dedication, of Right of Way along
21't Ave S, which abuts the above -referenced property. After evaluating the existing conditions
along the referenced street, review of Federal Way Revised Code (FWRC) provisions
(Sections 19.135.070 and 19.135.090), and direction provided by the City Council, the Public
Works Department hereby reduces the Right of Way dedication requirement from five (5) feet
to three (3) feet, to allow for the utility strip along the west side of the existing sidewalk.
Code Section (FWRC) 19.135.070; Modifications of Improvements Along Property Frontage,
allows the Public Works Department to grant a request to modify, defer, or waive the required
street improvements only after consideration of four specific reasons. The reason most
applicable here is contained in FWRC Section 19.135.070(1), "Improvements as required would
not be harmonious with existing street improvements."
21st Avenue South is classified as a Minor Collector, corresponding to Federal Way Roadway
Section "Q". This roadway section requires a 40-foot paved roadway, 12-foot sidewalks, and a
3-foot utility strip, all within a 70-foot right-of-way. The existing roadway improvements are,
essentially, constructed to the current standard, however, are not constructed 'symmetrical'
across the centerline of the street.
The applicant shall dedicate 3-feet of properly, for use as the utility strip as depicted on the
street section 'Q', to the City for right-of-way along the 21st Ave S street frontage. The
dedication shall be through a Statutory Warranty Deed, recorded at Icing County at the owner's
expense, and shall occur prior to Final Building Permit sign -off and/or Certificate of Occupancy.
Please complete and return the enclosed Statutory Warranty Deed Worksheet, along with an
exhibit page with the legal description of the dedication area, as well as a drawing exhibit that
depicts the area, at your earliest convenience.
16-104308-00-SM Doc LD
The conditions of this right-of-way modification will be applicable for a period of one -year. If.a
Building Permit is not issued within the one year time period, this waiver will be void, and -a -new
request for modification must be submitted.
If you have any questions, please contact Kevin Peterson, Engineering Plans Reviewer, at
(253) 835-2734.
Sincerely,
El Walsh, P.E.
Deputy Public Works Director
WA/KP:su
CC' Jim Wieben, DDG Architects, 8383 158th Ave NE, Suite 380, ,Redmond, WA 98052
Becky Chapin, Associate Planner
Sarady Long, Senior Transportation Planning Engineer
Project File (kp)
Day File
16-104308-00-SM Doc I.D.
57
CITY OF
Federal Way
PUBLIC WORKS
DEPARTMENT
STREET MODIFICATION REQUEST /ACTION
Project Name MOD Pizza
Permit # 16-101237-CO
Location 2104 S 320' St
Request Applicant is requesting that the City reconsider the requirement to dedicate 5
feet of property for Right of Way along their 21st Ave S frontage. Construction of any actual
street improvements was previously waived under 16-104308-SM.
Staff Analysis 2Is'
Ave S is a Minor Collector, corresponding to roadway Section `Q'
requiring a 40 foot paved roadway (2-12 foot lanes with 8 feet of parking on each side), 12 foot
sidewalks and 3 foot utility strips, within a 70 foot ROW.
Existing roadway improvements are approximately 39 feet of paved roadway with 12 foot
sidewalks on each side, within an approximate 70 foot ROW (exact width of ROW is difficult to
verify, given the indeterminate width of right of way that was acquired along the west side of
21 st). The current roadway improvements are not built symmetrically about the centerline of
ROW — the survey for MOD pizza shows the ROW line on their side to be at the back edge of
the sidewalk, while it appears there's a fairly wide utility strip behind the sidewalk on the east
side of 21 St. The current lane markings along the MOD Pizza frontage provide an approximate 14
foot southbound lane, an approximate 16 foot wide northbound lane, and approximately 8-9 foot
parking lane on the east side of the roadway.
In 2006, the City acquired additional right of way from this property to allow for construction of
the 12 foot sidewalk. At the time the minimum amount of property required to complete the
project was acquired. The utility strip per the current Section `Q' was not considered a part of
that project.
Requirements / Conditions of Approval Given that the road is in place and approximately
meets the Section `Q' configuration in regards to width, lane and sidewalk widths; although it is
not centered within the Right of Way, reduce the required dedication from 5' to the 3' to
encompass the utility strip per Section `Q'.
Staff Recommendation:
Initial Date Approve Deny
Development Services Reviewer CE S"r KP �� Z q_ _ er ❑
Development Services Manage
Traffic Division Reviewer
Traffic Division Manager
Deputy Director
Director Decision
0
omith & Hennessey
PLLC
y RECEIVED
ATTORNEYS AT LAW
316 Occidental Avenue South, Suite 500 C CP Z 1 �Q�6
Seattle, Washington 98104 JG
Julia K. Doyle Telephone: (206) 292-1770 CITY OF FEDERAL WAY
jdoyle@smithhennessey.com smi[hhennessey.com Facsimile: (206) 292-1790
PUBLIC WORKS DEPT.
www.smithhennessey.com
FOR YOUR
URGENT REVIEW
September 19, 2016
VIA FACSIMILE AND U.S. MAIL
E.J. Walsh, P.E.
Deputy Public Works Director
City of Federal Way
City Hall
33325 8th Avenue South
Federal Way, Washington 98003-6325
Fax No.: (253) 835-2709
Re: Permit #16-104308-00-SM; NWCC Center Plaza, LLC
2104 S 320th Street
Dear Mr. Walsh:
We are the attorneys who represent NWCC Center Plaza LLC ("NWCC"). We are in
receipt of your letter to NWCC dated September 7, 2016 in connection with the above -
referenced matter. In your letter, you state that the City of Federal Way (the "City") seeks a
dedication of property for Right of Way, via a Statutory Warranty Deed, before a permit can be
issued to NWCC to proceed with its construction of a MOD Pizza restaurant at the above -
referenced location. Such an exaction is unfounded and improper under the applicable law.
Both the federal and the Washington State constitutions prohibit the taking of private
property by a government entity without just compensation. Dedication of land to a public body
as a condition of permit approval must bear an "essential nexus" to the harm prevented by such
an exaction. Nollan v. California Coastal Commission, 483 U.S. 825, 107 S.Ct. 3141, 97
L.Ed.2d 677 (1987). The title exaction must be "roughly proportional" to the adverse impact of
the project on the community. Dolan v. City of Tigard, 512 U.S. 374, 114 S.Ct. 2309, 129
L.Ed.2d 304 (1994). Otherwise, it constitutes an unconstitutional taking without just
compensation to the property owner.
Here, the City does not dispute that the requisite 40-foot paved roadway, 12-foot
sidewalks and a 3-foot utility strip, all within a 70-foot right -of way, already exist at the subject
location. However, the City seeks an additional five-foot right-of-way, at the expense of NWCC,
so that it might have the option to make these improvements "symmetrical" across the roadway
centerline at some undetermin d Lime in the future.
E. J. Walsh, P.E.
September 19, 2016
Page 2
In our view, the City's need, if any, for a symmetrical roadway at this location does not
bear any nexus to and is not in any way proportional to any potential adverse impact of building
a MOD Pizza restaurant. On the contrary, we understand that the City is in agreement with
NWCC that a MOD Pizza at this location is highly desirable and would create a positive impact
on the surrounding community. Furthermore, we submit that the utility of symmetry in this
instance does not outweigh the property and constitutional rights of NWCC.
Given the above, we, on behalf of NWCC, respectfully request that the City withdraw its
request for dedication of property, and permit NWCC to proceed with the project. We would
appreciate your response to this request as soon as possible, as our client is standing by to begin
construction as soon as the permit is issued. In the meantime, if you wish to discuss the
foregoing, please do not hesitate to contact the undersigned or Jim Smith of this firm.
Thank you and best regards.
Very truly yours,
SMITH & HENNESSEY PLLC
4ia.le
cc: Mark McDonald
Joanna Barnhart
James A. Smith, Jr.
CITY of CITY HALL
33325 8th Avenue South
Federal
Way Federal Way, WA 3)98003-6325
A�k 7000 (253) 835-7000
www. cityofiederalway.. com
Jim Ferrell, Mayor
September 7, 2016
NWCC Center Plaza, LLC
Attn: Mark McDonald
1402 E Pike St
Seattle, WA 98122
RE.- Permit #16-104308-00-SM; NWCC Center Plaza, LLC
2104 S 32O0 Street
Dear Mr. McDonald,
This letter responds to your request to waive the required street improvements along
21"t Ave S, which abuts the above -referenced property. After evaluating the existing conditions
along the referenced street, review of Federal Way Revised Code (FWRC) provisions
(Sections 19.135.070 and 19.135.090), and direction provided by the City Council, the Public
Works Department hereby waives the requirement to construct street improvements on
21stAve S; however, dedication of property for Right of Way along that street is required.
Code Section (FWRC) 19.135.070; Modifications of- Improvements Along Property Frontage,
allows the Public Works Department to grant a request to modify, defer, or waive the required
street improvements only after consideration of four specific reasons. The reason most
applicable here is contained in FWRC Section 19.135.070(1), "Improvements as required would
not be harmonious with existing street improvements."
21't Avenue South is classified as a Minor Collector, corresponding to Federal Way Roadway
Section "Q". This roadway section requires a 40-foot paved roadway, 12-foot sidewalks, and a
3-foot utility strip, all within a 70-foot right-of-way. The existing roadway improvements are,
essentially, constructed to the current standard, however, the City requires that they be
constructed 'symmetrically' across the centerline of the street.
Dedication of property for Right of Way will allow any future improvements to be constructed
symmetrically across the roadway centerline.
The applicant shall dedicate 5-feet of property to the City for right-of-way along the 21't Ave S
street frontage. The dedication shall be through a Statutory Warranty Deed, recorded at King
County at the owner's expense, and shall occur prior to Final Building Permit sign -off and/or
Certificate of Occupancy; Please complete and return the enclosed Statutory Warranty Deed
Worksheet, along with an exhibit page with the legal description of the dedication area, as well
as a drawing exhibit that depicts the area, at your earliest convenience.
I:\csdc\dots\save\24658237032.doc
The conditions of this right-of-way modification will be applicable for a period of one year. If a
Building Permit is not issued within the one year time period, this waiver will be void, and a new
request for modification must be submitted.
If you have any questions, please contact Kevin Peterson, Engineering Plans Reviewer, at
(253) 835-2734.
Sincerely,
E. ). Walsh, P.E.
Deputy Public Works Director
WA 11/P:su
Enclosure: Statutory warranty Deed Worksheet
cc: Jim Wieben, DDG Architects, 8383 158t' Ave tic, Suite 380, Redmond, WA 98052
Becky Chapin, Associate Planner
Sar ady Long, Senior Transportation Planning Engineer
Project File (kp)
Day File
i : \csdc\docs\save \24658237032. doc
August 24, 2016
Mr. Marwan Salloum
Public Works Director
City of Federal Way
33325 8" Ave. S.
Federal Way, WA 98003
Project: NWCC Center Plaza — MOD Pizza
2104 S 320" St, Federal Way, WA
Subject: Street Improvement Modification Request
Permit Number 16-101237--00-CO
Dear Mr. Salloum,
RECEIVED
AUG 31 2016
CITY OF FEDERAL WAY
CDS
Donohou Design Group
I am submitting this letter to request a waiver or deferral of the required street frontage improvements
along 21" Ave S associated with our Building Permit application. It is my understanding that the final
design for future street improvements to 21" Ave S is not yet complete. The Owner feels that it would be
in the best interest of the City and he to defer all street frontage improvements along 21" Ave S associated
with this project until the entire scope and design of the 2Ig Ave S street improvements is finalized, thus
ensuring uniform improvements and preventing demolition and reconstruction of new frontage
improvements. Our request is as follows:
PUBLIC WORKS REVIEW COMMENTS:
As referenced in Comment No. One of the Technical Comment Letter, Dated August 16, 2016,
the Owner of the property located at 2104 South 320u' Street, Federal Way requests
consideration of his proposal to defer or waive the requested street frontage improvements
along 21'�t Ave S.
Per FWRC 19.135.070 criteria, (1) The improvement as required would not be harmonious with
existing street improvements, would not function properly or safely or would not be
advantageous to the neighborhood or city as a whole.
Construction of street frontage improvements along the relatively small portion of 21't Ave S
fronting 2104 S 320u' St prior to final design of the remainder of street frontage improvements
along 21st Ave S associated with the Six Year Transportation Improvement Plan would not be
advantageous to the neighborhood or city as there is already a pedestrian sidewalk along 21t
Ave S and frontage improvements in this area would not provide any additional function. In
addition, constructing frontage improvements along the project parcel prior to final design of
the remainder of 21st Ave S frontage improvements creates a high risk, low reward, scenario
where it is highly likely the new frontage improvements would need to be reconstructed at the
time of construction for the Six Year Transportation Improvement Plan improvements to allow
for uniform improvements. We therefore request that the street frontage improvements
requirement be waived for this project until such time as the entire 21t Ave S street frontage
improvements section can be constructed.
Per FWRC 19.135.070 criteria, (4) The required improvement is part of a larger project that has
been scheduled for construction in the city's adopted six -year transportation improvement
program.
Since the detailed road improvement design work has not yet been finalized for this section of
the Six Year Transportation Improvement Program, we request that the street improvements
requirement be waived or delayed for this project until such time as the design of the complete
road section is finalized.
End of Response
Thank you for taking the time to review our request to waive the street 6 year TIF modification
requirement for new curb and gutter. Please let me know if you have any questions.
Sincerely,
Jim Wiebe
Project Manager
DDG Architects
Cc Joe Donahou, DDG
Mark McDonald
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NOTES:
* SIDEWALK DIMENSION IS MEASURED FROM THE BACK OF WALK TO THE FACE OF CURB.
1. USE DECORATIVE PEDESTRIAN LIGHTS IN CITY CENTER. SEE STANDARD DETAILS 3-42 & 3-43.
2. USE STANDARD DETAILS 3-30, 3-31, & 3-32 FOR STREET TREE & STREET LIGHTS.
3. STREET TREES LOCATED IN CURBSIDE PITS.
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PLLC
ATTORNEYS AT LAW
316 Occidental Avenue South, Suite 500
Seattle, Washington 98104
Julia K. Doyle Telephone: (206) 292-1770
jdoyle@smithhennessey.com Facsimile: (206) 292-1790
www.smithhennessey.com
October 10, 2016
VIA EMAIL
Becky Chapin
City of Federal Way
City Hall
33325 8th Avenue South
Federal Way, Washington 98003-6325
Re: Permit #16-104308-00-SM; NWCC Center Plaza, LLC
2104 S 3201h Street
Dear Ms. Chapin:
RESUBMITTED
OCT 13 Z016
CITY OF FEDERAL WAY
CDS
FO_
URGENT REVIEW
As you know, we are the attorneys who represent NWCC Center Plaza LLC ("NWCC")
in connection with the above -referenced building permit. This letter follows our telephone
conversation on October 6, 2016, when we discussed the City of Federal Way's five-foot
building setback requirement, which is set forth in Section 19.225.040 of the Federal Way City
Code. You advised that the Planning Department would consider waiving this requirement if the
proposed setback incorporates "streetscape amenities, public on -site open space, or other
architectural element(s) or improvements." We, on behalf of NWCC, request that a waiver of
the setback requirement be granted in light of NWCC's existing landscaping design.
Attached is an architectural rendering of the exterior of the proposed structure and the
surrounding area, including the setback. Also attached is a copy of the plans for the same area.
As you can see, the landscape plan incorporates park -like elements, with 37 trees, 165 shrubs,
and a thick groundeover that spans the perimeter of the pedestrian right-of-ways. The varietals
chosen are well adapted to the Pacific Northwest climate, with a mix of evergreen and deciduous
plants that should provide year-round color and depth to the landscape. The design is simple but
with enough contrasting dynamic focal points to maintain visual interest. The landscape is
intended to complement and enhance the architecture of the building and the surrounding area so
as to create an inviting atmosphere for customers, employees, and pedestrians, and with the goal
of attracting new customers. The landscaping will be an improvement to the property and the
surrounding area, will create a lush oasis that well exceeds the City's criteria for an exemption
from the five-foot setback requirement.
Based on the landscaping plans for the setback area, NWCC respectfully requests that the
City waive the five-foot setback requirement and permit NWCC to proceed with the project. We
Becky Chapin
October 10, 2016
Page 2
would appreciate your response to this request as soon as possible, as our client is standing by to
begin construction as soon as the permit is issued. In the meantime, if you wish to discuss the
foregoing, please do not hesitate to contact the undersigned.
Thank you and best regards.
Very truly yours,
SMITH & HENNESSEY
Enclosures
cc: Mark McDonald
Joanna Barnhart
James A. Smith, Jr.
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