LUTC PKT 02-28-2005
MEETING AGENDA
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES: February 7, 2005
3.
PUBLIC COMMENT (3 minutes)
4.
BUSINESS ITEMS
A.
Ming Court Preliminary Plat
E.
Steel Lake LMD Annual Report Presentation
Action Barker/15 Min
Action Harris/IO Min
Action MichaelsonilO Min
Action Zukowski/IS Min
Information Bucich/20 Min
Action Bucich/l0 Min
Action Bucich/l0 Min
Action SalloumilO Min
Action Sallouml30 Min
B.
Campus Crest Preliminary Plat and Concomitant Agreement
C.
Colella Estates Final Plat
D.
City Center Access Study - Budget Update
F.
North Lake Aquatic Weeds Grant
G.
Steel Lake RFB for Aquatic Weeds Management
H.
2005 Asphalt Overlay Project - Bid A ward
I.
Mayer Right of Way Lease Agreement
5.
FUTURE MEETINGS/AGENDA ITEMS
6.
ADJOURN
Committee Members
Jack Dovey, Chair
Eric Faison
Michael Park
City Staff
Kathy McClung, Community Development Services Director
E. Tina Piety, Administrative Assistant
253-835-2601
G:IJ.UTCIJ.UTC Agendas and Summaries 2005\02-28-05 LUre Agenda.doc
City of Federal Way
City Council
Land UselTransportation Committee
February 7,2005
5:30 p.m. .
. City Hall
Council Chambers
MEETING MINUTES
In attendance: Committee members Jack Dovey, Chair, and Council Members Eric Faison and Michael Park;
Mayor Dean McColgan; Deputy Mayor Linda Kochmar; Council Members Jeanne Burbidge and Jim Ferrell; City
Manager David Moseley; Director of Public Works Cary Roe; City Attorney Pat Richardson; Surface Water Manager
Paul Bucich; Traffic Engineer Rick Perez; and Administrative Assistant E. Tina Piety.
1. CALL TO ORDER
Chair Dovey called the meeting to order at 5:34 pm.
2. APPROVAL OF MEETING MINUTES
The minutes of the January 24, 2005, meeting were approved as presented.
3. PUBLIC COMMENT
None.
4. BUSINESS ITEMS
A. AG 04-108, Lakota Creek Restoration Improvement Project - Project Acceptance - This project is
complete with the exception that landscaping will be maintained by the contractor for two years and portions
of the landscaping cost will be paid after the end of the maintenance period. This project includes a
contingency and when asked why, staff responded it is needed because of water flows at this time of year. It
was m/s/c to authorize final acceptance of the completed Lakota Creek Restoration Improvement Project,
constructed by Wagner Development, Inc., in the amount of $807,131.55 as complete, and place it on the
March 1, 2005, City Council Consent Agenda.
B. Status ofthe 1-5, SR161, SR18 Interchange Project - Mr. Perez introduced Bruce Nevitt and Paul
Johnson from the Washington State Department of Transportation (WSDOT). Mr. Nevitt is the project
engineer and gave an overview of the project. They currently have three alternatives (down from an
originally 11), from which the technical advisory committee will choose a preferred alternative at their
February 23rd meeting. Following this decision, WSDOT will begin work on the environmental analysis and
access decision report (this report researches traffic impacts). Mr. Johnson, the project manager, went over
the specifics of the three alternatives. In order to choose the preferred alternative, they have developed a
series of criteria (on such items as environmental, noise, and construction impacts, and traffic operations
and safety) and will assign points to each alternative based on these criteria. Mr. Faison commented that
due to the amount of traffic, he feels it is important to have a road connecting the proposed frontage to
Home Depot and Costco. The preferred alternative will be presented to the public at an Open House in
March. WSDOT has the funds for the environmental and access decision reports, but will need to seek
funding for the final design, right-of-way purchases, and construction. The Committee discussed funding
possibilities, and WSDOT said the project could be constructed in phases. Because the Council feels it
would be a way of informing the public about this issue, the Committee requested that this issue be placed
on the February 15, 2005, City Council Agenda.
5. FUTURE MEETINGS
The next scheduled meeting will be February 28,2005, because February 21st is a holiday.
6. ADJOURN
The meeting adjourned at 6:40 p.m.
G:\LUTC\LUTC Agendas and Summaries 2005102-07-05, LUTC Minutes.doc
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CITY OF .,,:_A. ".
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMO RAND UM
To:
Jack Dovey, Chair
Land Use/Transportation Committee
FROM:
Deb Barker, Associate Planner 00
David ~Manager
Ming Court p~iminary Plat
Application No. 00-102793-00-SU
VIA:
RE:
DATE:
February 22, 2005
I.
STAFF RECOMMENDA nON
Staff recommends the Land Userrransportation Committee forward to the City Council a
recommendation approving the Ming Court preliminary plat with conditions, based on the findings
and conclusions in the February 1,2005, Report and Recommendation by the Federal Way Hearing
Examiner.
II. SUMMARY OF ApPLICATION
The applicant requests approval of a 15-10t residential subdivision, as provided for under Federal
Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. A neighbor
appealed the environmental determination based on flooding, privacy, and easement concerns.
Following the preliminary plat and appeal hearing, the Hearing Examiner denied the neighbors'
appeal and recommended conditional preliminary plat approval. At the public hearing, the applicant
requested approval to modify the preliminary grading plan to mass clear and grade the entire site. In
his February 1,2005 Report and Recommendation, the Hearing Examiner stated the City Council
has enacted strong criteria requiring the retention of natural vegetation to the maximum extent
possible; that the criteria is inconsistent with mass grading; that the applicant has not shown specific
reasons why mass grading would be appropriate; and recommended against mass grading. The
applicant has subsequently submitted a letter dated February 10,2005, to the Federal Way City
Council requesting approval to mass clear and grade the entire site. Staffs recommendation and
position not supporting this request remains unchanged, consistent with the Hearing Examiner's
recommendation to the City Council.
III. REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision at a public
meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures,
preliminary plat applications are brought to the Land UsefTransportation Committee for review and
recommendation prior to review by the full Council.
IV. HEARING EXAMINER'S RECOMMENDATION
On February 1,2005, the Federal Way Hearing Examiner issued a Report and Recommendation
(Exhibit A) to approve the proposed preliminary plat. The Hearing Examiner's recommendation
includes all conditions recommended by staff, and further does not recommend support of the
applicant's request for mass grading. The Examiner's recommendation was issued following
consideration ofthe following: staff report (Exhibit B); and testimony presented at the January IS,
2005, public hearing (Exhibit C). Subsequent to the public hearing, four letters have been submitted
regarding the preliminary plat application (Exhibit D). The Hearing Examiner Report and Decision
for SEPA Appeal, February 1,2005, is included for reference (Exhibit E).
The Hearing Examiner's recommendation is subject to the following conditions of preliminary plat
approval:
1.
Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be
generally consistent with the clearing limits depicted on the March 19, 2004 Conceptual
Drainage Plan of Ming Court, plan page C1.0, prepared by Sitts and Hill Engineers, Inc. The
clearing limits on the plan sheet referenced above are the approximate clearing limits necessary
for roads, utilities, and pond. The clearing and grading limits on the approved plan may be
modified with the approval of the Community Development and Public Works Departments
during final engineering plan review as required to reflect changes in road and utility designs, if
any.
2.
Prior to issuance of construction permits, the applicant shall in writing notify Lakehaven Utility
District of the pending commencement of earth disturbance activities so that the District can
monitor the adjacent well and water tower for sedimentary impacts.
3.
Prior to issuance of construction permits, a final landscape plan prepared by a licensed
landscape architect shall be submitted for review and approval by the Director of Community
Development Services, and shall include the following elements:
(a) Street trees on internal plat streets.
(b) Cul-de-sac landscaping.
(c) Storm Drainage Tract A screening.
(d) Significant tree identification and replacement.
4.
Prior to final plat approval, the applicant shall widen the east side of the Sth Avenue South
shoulder and install an extruded curb, north from the subject site to South 30gth Street as
required by the Public Works Director.
February 22,2005
Page 2
Land Use/Transportation Committee
Ming Court Preliminary Plat
Prior to final plat approval, the applicant shall implement approved traffic safety measures for
students walking to the junior and senior high schools as required by the Public Works
Director.
5.
Prior to final plat approval, the applicant shall install a barricade as approved by the Federal
Way Public Works Department at the southern portion of7th Place South with signage to alert
residents to the future extension of this road.
6.
Prior to final plat approval, the applicant shall pay the alternative fee-in-lieu of providing on-
site open space, as proposed and accepted, which fee shall be calculated on the basis of 15
percent of the most recent assessed valuation or MAl appraisal at that time, subject to approval
by the Directors of Parks and Community Development Services.
7.
If included in the final engineering design, retaining walls and rockeries design shall be
harmonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation, and
textural treatment to be designed by the applicant and approved by the Community
Development Services Department.
8.
V.
PROCEDURAL SUMMARY
May 12, 2000
December 1, 2000
December 6, 2000
October 23,2004
November 22,2004
January 18,2005
February 1,2005
February 28, 2005
Date of application for 15-lot Ming Court preliminary plat
Date application determined complete
Date of Notice of Application
Environmental determination issued
SEP A appeal filed
Hearing Examiner Public Hearing
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
Hearing Examiner issued recommendation of conditional approval of
preliminary plat to the City Council. The Hearing Examiner also
issued a Report and Decision on the SEP A appeal.
City Council Land Use/Transportation Committee meeting
(This committee forwards a recommendation to the full Council for a decision
at a public meeting [see Section VII, below].)
VI. DECISIONAL CRITERIA
Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of
the Hearing Examiner public hearing; oral comments received at the public meeting (provided these
do not raise new issues or information not contained in the Examiner's record); and the Examiner's
February 22, 2005
Page 3
Land Use/Transportation Committee
Ming Court Preliminary Plat
report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC
Section 20-126(c), as noted below:
1.
Consistency with the Federal Way Comprehensive Plan;
2.
Consistency with all applicable provisions of the FWCC, including those adopted by
reference from the comprehensive plan;
3.
Consistency with the public health, safety, and welfare;
4.
Consistency with the design criteria listed in Section 20-2; and
5.
Consistency with the development standards listed in Sections 20-151 through 157, and
20-178 through 20-187.
Findings and conclusions that the application is consistent with these decisional criteria are set forth
in the Hearing Examiner's report and recommendation.
VII. COUNCIL ACTION
The Federal Way City Council's review of the application is limited to the record of the hearing
before the Hearing Examiner, oral comments received during the Public Meeting (so long as those
comments do not raise new issues or information contained in the Examiner's record), and the
Examiner's written report. The City Council may receive new information not in the record pursuant
to FWCC Section 20-127(b).
A draft resolution approving the proposed preliminary plat as recommended by the Hearing
Examiner is attached (Exhibit F). After consideration of the record, the City Council may, by action
approved by a majority of the total membership, take one of the following actions, pursuant to
FWCC Section 20-127:
1.
Adopt the recommendation; or
2.
Reject the recommendation; or
3.
Remand the preliminary plat back to the Hearing Examiner, pursuant to FWCC Section
20-127(b); or
4.
Adopt their own recommendations and require or approve a minor modification to the
preliminary plat, pursuant to FWCC Section 20-127(d).
VIII. PROPOSED MOTION
I move that the Land Userrransportation Committee forward to the City Council, and place on the
March 15,2005 City Council consent agenda, a recommendation approving the Ming Court
Preliminary Plat Resolution.
Land Use/Transportation Committee
Ming Court Preliminary Plat
February 22, 2005
Page 4
EXHIBITS
A.
B.
C.
D.
E.
F.
Hearing Examiner Report and Recommendation, February 1,2005
Staff Report to Hearing Examiner
Written testimony presented at the Public Hearing
Letters submitted following Hearing Examiner Report and Recommendation
Hearing Examiner Report and Decision for SEPA Appeal, February 1,2005
City Council Draft Resolution for Ming Court Preliminary Plat Approval
*NOTE:
A full copy of the Staff Report to the Hearing Examiner, with exhibits, is available in the City
Council Room.
Â
... OFCOMMITTEEREPORT
Jack Dovey, Chair
Michael Park, Member
Eric Faison, Member
Land Use/Transportation Committee
Ming Court Preliminary Plat
February 22,2005
Page 5
... CITY OF
.,~ Federal Way
Page - 1
February 1, 2005
De-En Lang
Lang Associates, Inc.
1 0658 Riviera Place N E
Seattle, WA 98125
RE:
MING COURT PRELIMINARY PLAT
FWHE#05-0 1 RELATED FILE NO. 00-102 793-00-SU
Dear Applicant:
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CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
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Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner
relating to the above-entitled case.
Very truly yours,
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DEPUTY HEARING EXAMINER
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All parties of record
City of Federal Way
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CITY OF FEDERAL WAY
FEB 2
2005
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OFFICE OF THE HEARING EXAMINER
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IN THE MATTER OF:
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FWHE#
05-01
MING COURT - PRELIMINARY PLAT
APPROVAL
Related File # 00-1 02793-00-SU
I. SUMMARY OF APPLICATION
Applicant requests preliminary plat approval of a 15-lot residential subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and
requiring approval pursuant to FWCC Section 20-110.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 18, 2005
February 1, 2005
At the hearing the following presented testimony and evidence:
1.
2.
3.
4.
5.
6.
Deb Barker, Associate Planner, City of Federal Way
De-en Lang, Proponent, 10658 Riviera Place, Seattle, WA 98125
Ron L. Rassilyer, Appellant, 30932 - 5th Place South, Federal Way, WA
Paskal G.Hite, 30936 - 5th Place South, Federal Way, WA 98003
Patricia Buchanan, 801 S. 310th Place, Federal Way, WA 98003
Harold Hartman, 30855 - 8th Ave. S., Federal Way, WA 98003
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
Staff Report with all attachments
Power Point Presentation
SEPA Environmental Appeal Power Point Presentation
1/12/05 Letter from Robert and Patricia Buchanan
Memo from Deb Barker
FWCC 20-179 Retention of Vegetation
EXHIBIT -A-
PAGE .L_OF I'
/-
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Page - 3
7.
8.
9.
10.
Original Site Plan
Resolution #04-426 (Specifically Finding No.2)
1/17/05 Letter from Robert and Patricia Buchanan
Letter from Harold Hartman with questions and map
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" with
attachments and hereby incorporated in its entirety by this reference.
3.
All appropriate notices ~ere delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4.
A Mitigated Determination of Non-Significance was issued on October 23,2004,
a timely appeal was filed on November 22, 2004. A decision denying the appeal
and upholding the threshold determination of the environmental official has been
issued at the same time that this decision was issued.
5.
The applicant is requesting preliminary plat approval of a 15 lot single family
residential subdivision on a 3.83 acre undeveloped site. The site is located at
30901 - 8th Avenue South. The subject site, along with all of the adjacent
properties, are zoned RS-7.2. This is a single family residential zone which
requires 7,200 square foot minimum lot sizes. The proposed lot sizes for this
development range from 7,200 square feet to 10,210 square feet. The
surrounding areas to the east, west, and south are fully developed with single
family residences. The Lakehaven Utilities District water tower and well are
located on the site to the north.
6.
The plat map shows mainly rectangular lots with two pan handle lots located on
the northwest and southwest corners of the plat. The applicant will be required
to construct sidewalks along street frontages on both sides of the internal plat
roads. Both the junior and senior high schools are located less than one mile
from the site, thus the students will probably walk to the schools. The
surrounding areas do lack sidewalks, thus there is a condition of approval that
restricts parking on one side of the street during the time when students will walk
to and from school.
EXHIBIT A
PAGE ~ OF 10 -
Page - 4
7.
8.
9.
10.
11.
12.
Civil and Environmental Engineers, Inc., a geotechnical engineering firm,
prepared a geotechnical report for the site and determined that the soils are
suitable for residential development. The soil survey map lists the soil types as
Alderwood Gravelly Sandy Loam. These types of soils have slow runoff and
present slight erosion hazards. The topography of the site ranges from generally
flat to fairly irregular in the western portion. There are no regulated wetlands on
site.
FWCC allows the applicant to make a "fee in lieu" payment to provide adequate
recreational opportunities. The applicant would have the option of constructing
these recreational facilities on site, but has chosen to make a fee in lieu
payment.
The applicant will construct internal plat roads to city local access standards.
Access to the site will be via 8th Avenue South. The proposal is to have one
internal plat road, South 310th Court, end in a cul-de-sac. The other road that will
provide access to the lots, 7th Place South, will end at the south property line
which will allow for a potential future connection.
The Lakehaven Utility District will provide both domestic water and fireflow to the
site and sanitary sewer service to each lot.
There appears to be a problem in this area with water and flooding. This
applicant, along with the already approved applicant of Lakota Crest, have
entered into a joint agreement to improve the culvert at Fisher's Bog to help with
the storm drainage problem. This will help everyone in the neighborhood. The
applicant is also required to satisfy all requirements of the FWCC as it relates to
storm drainage. The applicant is not required to cure all of the existing problems
on site. The applicant just cannot add to this problem. The applicant will have to
handle the storm drainage problem on its site and use its system to contain and
then release at pre-development rights. Though it may not appear to be so by
the testimony given by neighboring property owners, the development will most
likely help in the stormwater problem. The mitigation measures contained within
the SEPA determination specify what the applicant will be required to do before
development.
The original application and the cities recommendation is to not allow for mass
grading of the site. The applicant is now requesting authority from the city to
allow mass grading. Mass grading would mean that all roads, utilities, lot areas,
EXHIBIT Pc
PAGE 4 OF 10
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Page - 5
and storm drainage facilities will be prepared for construction and all vegetation
is removed. There are certainly valid reasons for the applicant to mass grade
the site. An exhibit was submitted by the applicant indicating that the Lakota
Crest development was allowed to mass grade. This development is located
fairly close to this site. It presented many of the same storm drainage problems.
City staff in that particular development recommended and the Hearing Examiner
approved a condition of approval that did not allow mass grading. There are
certainly competing policies regarding this issue. The city maintains that mass
grading significantly adversely impacts the aesthetics of the area. The city points
to Section 20-179 FWCC, which reads as follows:
20-179
Retention of Vegetation
a.
All natural vegetation shall be retained on the site to be subdivided
except that which will be removed for improvements or grading as
shown on approved engineering plans. A preliminary clearing and
grading plan shall be submitted as part of the preliminary plat
application.
b.
Existing mature vegetation shall be retained to the maximum extent
possible. Preservation of significant trees pursuant to FWCC20-
1568 shall apply solely to the development of each single family lot
at the time a building permit is applied for.
The Federal Way City Council has enacted strong criteria requiring retention of
natural vegetation "to the maximum extent possible". Such criteria is
inconsistent with mass grading. There will be a significant amount of vegetation
and trees that will be maintained. Though the City Council did allow mass
grading on the Lakota Crest development, there may have been particular plat
specific reasons for allowing mass grading on that development. The applicant
has not shown site specific reasons why mass grading would be appropriate.
Given the strong policies against mass grading, mass grading is not
recommended.
13.
Prior to recommending approval of the proposed preliminary plat to the Federal
Way Counsel, the Examiner must find that the request satisfies the criteria set
forth in FWCC Section 20-126(c). Findings on each criteria are hereby made as
follows:
A.
The project is consistent with the single family high density designation of
EXHIBIT A
PAGE~OF ..ßL
Page - 6
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the Federal Way Comprehensive Plan as it proposes minimum lot sizes of
7200 square feet, consistent with density allowances and policies
applicable to single family residential development.
B.
The project is consistenfwith all applicable provisions of the FWCC
including those adopted by reference from the Comprehensive Plan. The
preliminary plat must comply with provisions of FWCC Chapter 18,
"Environmental Policy"; Chapter 20, "Subdivisions"; and Chapter 22,
"Zoning". Construction of single family homes must comply with all
applicable development codes and regulations.
C.
The project is consistent the public health, safety, and welfare. All
facilities and services are available to serve the preliminary plat, and the
storm drainage facility will protect water quality in Fisher's Bog and Mirror
Lake.
D.
The project is consistent with the design criteria set forth in FWCC Section
20-2. These design standards address effective use of the land,
promotion of safe and convenient travel on streets, and recognizes the
housing needs of the community.
E.
The preliminary plat complies with the development standards set forth in
FWCC Section 20-151 -157 and FWCC Section 20-158 - 187.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
The proposed preliminary plat makes appropriate provisions for the public health,
safety and general welfare for open spaces, drainageways, streets, roads, alleys,
other public ways, water supplies, sanitary waste, fire protection, transit stops, parks
and recreation and playgrounds, schools and school grounds, and safe walking
conditions.
The proposed plat will serve the public use and interest by providing an attractive
location for a single residential subdivision while at the same time protecting
EXHIBIT ;r
PAGE--OF )0
Page - 7
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downstream critical areas and, therefore, should be approved.
4.
The Federal Way City Council should approve the proposed preliminary plat subject
to the following conditions:
1.
Clearing limits for the construction of the plat improvements (roads, pond,
and utilities) shall be generally consistent with the clearing limits depicted on
the Conceptual Drainage Plan of Ming Court, plan page C1.0, dated March
19, 2004, and prepared by Sitts and Hill Engineers, Inc. (Exhibit A). The
clearing limits on the plan sheet referenced above are the approximate
clearing limits necessary for roads, utilities, and pond. The clearing and
grading limits on the approved plan may be modified with the approval of the
Community Development and Public Works Departments during final
engineering plan review as required to reflect changes in road and utility
designs, if any.
2.
Prior to issuance of construction permits, the applicant shall in writing notify
Lakehaven Utility District of the pending commencement of earth disturbance
activities so that the District can monitor the adjacent well and water tower
for sedimentary impacts.
3.
Prior to issuance of construction permits, a final landscape plan prepared by
a licensed landscape architect shall be submitted for review and approval by
the Director of Community Development Services, and shall include the
following elements:
(a)
(b)
(c)
(d)
Street trees on internal plat streets.
Cul-de-sac landscaping.
Storm Drainage Tract A screening.
Significant tree identification and replacement.
4.
Prior to final plat approval, the applicant shall widen the east side of the 8th
Avenue South shoulder and install an extruded curb, north from the subject
site to the South 308th Street as required by the Public Works Director.
5.
Prior to final plat approval, the applicant shall implement approved traffic
safety measures for students walking to the junior and senior high schools
as required by the Public Works Director.
6.
Prior to final plat approval, the applicant shall install a barricade as approved
EXHIBIT L
PAGE--Î-OF ,0
~-
Page - 8
by the Federal Way Public Works Department at the southern portion of 7th
Place South with signage to alert residents to the future extension of this
road.
7.
Prior to final plat approval, the applicant shall pay the alternative fee-in-lieu
of providing on site open space, as proposed and accepted, which fee shall
be calculated on the basis of 15 percent of the most recent assessed
valuation or MAl appraisal at that time, subject to approval by the Directors
of Parks and Community Development Services.
8.
If included in the final engineering design, retaining walls and rookeries
design shall be harmonious with the residential use of the site and shall
promote residential design themes through such means as terracing,
orientation, natural material selection, use of vegetation, and textural
treatment to be designed by the applicant and approved by the Community
Development Services Department.
RECOMMENDATION:
It is hereby recommended that the City of Federal Way City Coun<?il approved the
preliminary plat of Ming Court subject to the conditions contained in the conclusions above.
DATED THIS 1st DAY OF February, 2005.
1UJf~
MARK E. HURDELBRINK
Deputy Hearing Examiner
TRANSMITTED THIS 1st DAY OF February, 2005, to the following:
APPLICANT:
Mr. De-En Lang
Lang Associates, Inc.
10658 Riviera Place NE
Seattle, WA 98125
ENGINEER:
Sitts & Hill Engineers, Inc.
2901 South 40th Street
Tacoma, WA 98409
EXHIBIT 2!:
PAGE -LOF 1tL
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Page - 9
OWNER:
David Ling
1937 NE 107th Street
Seattle, WA 98124
P. Gene Hite, 30936 - 5th Place South, Federal Way, WA 98003
Dick and Kathy Clare, 31104 - 6th Ave. S., Federal Way, WA 98003
Ronald L. Rassilyer, 30932 - 5th Place South, Federal Way, WA 98003
Michael and Uta Tipper, 31116 - 6th Ave. S., Federal Way, WA 98003
Rob and Pat Buchanan, 801 S. 310th Place, Federal Way, WA 98003
Pearl Rhyner, 31112 - 5th Way South, Federal Way, WA 98003
Jennifer Grey, 31108 - 5th Way S., Federal Way, WA 98003
Hal Hartman, 30855 - 8th Ave. S., Federal Way, WA 98003
City of Federal Way, c/o Chris Green, P.O. Box 9718, Federal Way, WA 98063-9718
EXHIBIT .-A-
PAGE-3-°F 1°
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CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127,- following receipt of the final report and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of the
hearing before the hearing examiner, oral comments received during the public meeting (so
long as those comments do not raise new issues or information not contained in the examiner's
record) and the hearing examiner's written report. These materials shall be reviewed for
compliance with decisional criteria set forth in section 20-126. The city council may receive
new evidence or information not contained in the record of hearing before the hearing
examiner, but only if that evidence or information: (i) relates to the validity of the hearing
examiner's decision at the time it was made and the party offering the new evidence did not
know and was under no duty to discover or could not reasonably have discovered the evidence
until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or
omitted the evidence from the record. If the city council concludes, based on a challenge to the
hearing examiner recommendation or its own review of the recommendation, that the record
compile<;t by the hearing examiner is incomplete or not adequate to allow the city council to
make a decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary findings
and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the preliminary plat is
necessary, the city council shall adopt its own recommendations and approve or disapprove the
preliminary plat. '
As part of the final review, the city council may require or approve a minor modification to the
preliminary plat if:
(d)
The change will not have the effect of increasing the residential density of the plat;
The change will not result in the relocation of any access point to an exterior street from
the plat;
The change will not result in any loss of open space or buffering provided in the plat;
and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter the
project.
(a)
(b)
(c)
EXHIBIT I'r
PAGE ~OF 10
~..
CITY OF;,'" " " "< ,...""f'
Federa I Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
MING COURT PRELIMINARY PLAT
Federal Way File No: OO-lO2793-00-SU
PUBLIC HEARING - January 18,2005
2:00 P.M.
CITY COUNCIL CHAMBERS
FEDERAL WAY CITY HALL - 33325 8th Avenue South
Report Prepared by:
Deb Barker and Jane Gamble, Associate Planners
EXHIBIT '8
PAGE-L-OF 2.1
TABLE OF CONTENTS
SECTION
PAGE
I.
II.
III.
IV.
V.
VI.
VII.
GENERAL INFORMATION
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
STATE ENVIRONMENTAL POLICY ACT
NATURAL ENVIRONMENT
NEIGHBORHOOD CHARACTERISTICS
GENERAL DESIGN
TRANSPORTATION
VIII. PUBLIC SERVICES
IX.
X.
XI.
XII.
UTILITIES
ANALYSIS OF DECISIONAL CRITERIA
FINDINGS OF FACT AND CONCLUSIONS
RECOMMENDA nON
XIII. LIST OF EXHIBITS
3
4
5
5
6
6
8
9
10
11
12
14
16
EXHIBIT 8
PAGE ~ OF ~f -
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 2
OO-IO2793-00-SU / DocID29871
File No:
00-102793-00-SU
Agent:
De-En Lang
Lang Associates, Inc.
10658 Riviera Place NE
Seattle, W A 98125
Phone: 206-306-8880
Engineer:
Sitts & Hill Engineers, Inc.
2901 South 40th Street
Tacoma, W A 98409
Phone: 253-474-9449
Owner:
David Ling
1937 NE 10ih Street
Seattle, WA 98124
Phone: 206-367-8354
Action
Requested:
Preliminary plat approval of a 15-10t residential subdivision as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring
approval pursuant to FWCC Section 20-110.
Staff
Representative:
Deb Barker, Associate Planner, 253-835-2642
Staff
Recommendation:
Preliminary Plat Approval with Conditions (Refer to Section XII)
I.
GENERAL INFORMA nON
A. Description of the Proposal- The applicant proposes to subdivide a vacant 3.83-acre lot into
15 residential single-family lots. The subject site is zoned RS 7.2, requiring a minimum lot size
of 7,200 square feet per lot.
The proposed action is depicted in the following documents: preliminary plat map, prepared by
Sitts and Hill, revised June 17,2003; Conceptual Drainage Plan of Ming Court, prepared by
Sitts & Hill Engineers, Inc., revised June 17,2003; and preliminary landscape plan, prepared by
Aspen Design Group, revised June 18,2003. (Exhibit A).
B.
Location - The site is located at 30901 8th Avenue South, Federal Way, on King County Tax
Parcel #082104-9207, in the NW Section 8, Township 21 North, Range 4 East (Exhibit B-
Vicinity Map).
C.
Parcel No. - 082104-9207. The site legal description is on the plat map.
D.
Size of Property- The subject site has a land area of3.83 acres (166,834 square feet).
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIBIT ~
~_._z,I-
00-] 02793-00-SU / Doc 1029871
E.
Land Use and Zoning -
Direction
Site
North
South
East
West
Zoning
RS-7.i
RS- 7.2
RS- 7.2
RS- 7.2
RS- 7.2
Comprehensive Plan
SF - High Density
SF - High Density
SF - High Density
SF - High Density
SF - High Density
Existing Land Use
Vacant
Lakehaven Utility Watertower
SFR
SFR
SFR
F.
Background - The Ming Court Preliminary Plat is a proposed 15-10t, single-family residential
subdivision on a 3.83-acre undeveloped site. Existing single-family development is situated to
the south, east, and west of the subject site, with a Lakehaven Utility District water tower and
well site to the north. Preliminary plat improvements will include grading for the roadway and
installation of storm drainage facilities and utilities.
The preliminary plat application was submitted on May 12,2000 (Exhibit C), and determined to
be complete on December 1, 2000. Due to the fact that downstream flooding problems
identified in the Mirror Lake Basin would be exacerbated by the Ming Court development, the
City placed the application on hold until a solution to the flooding situation was developed. The
Ming Court developer and the developer of another proposed subdivision within the Mirror
Lake Basin (Lakota Crest), in conjunction with the City's Surface Water Management division,
developed mitigation measures that would help alleviate the flooding problems. Following
receipt of a letter of intent to execute cost-sharing agreement for the proposed mitigation
measures between the Ming Court developer and the Lakota Crest developer (Exhibit D -
Agreement), the City continued review ofthe preliminary plat application with concurrence
from the applicant. The Ming Court SEP A determination was postponed so that the Lakota
Crest environmental analysis, which dealt with flooding mitigation, could conclude and that
mitigation could be incorporated into the Ming Court environmental determination. The 52-lot
plat of Lakota Crest received preliminary plat approval on September 22, 2004. The SEP A
determination for Ming Court preliminary plat was issued on October 23, 2004.
II.
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
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, SWM, and Traffic Divisions; Parks, Recreation, and Cultural Resources
Department; Department of Public Safety (Police); Federal Way Fire Department; 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 complete preliminary
plat application on December 6, 2000 (Exhibit E - Notice of Application, Exhibit F - Mailing
List). In response to the Notice of Application, the City received four public comment letters
regarding the proposal (Exhibit G -Citizen Comments). The City responded in writing to all
parties that provided written comments on the notice of application (Exhibit H - City
Response). . EXHIB T ~
lRS-7.2 = sin le-famil residential, 7,200 SF minimum lot size. I
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
00-1 02793-00-SU / Doc!D 2987\
c.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and
all affected agencies (Exhibit 1- SEPA Mailing List), were notified of the proposed action and
the City's environmental decision. In addition, the site was posted and notice placed in the
newspaper and on the City's official notice boards. In response to the City's environmental
decision, the City received four comment letters and one appeal. See Section III below for
infonnation.
III. STATE ENVIRONMENTAL POLICY ACT
A.
The City of Federal Way issued a Mitigated Environmental Determination ofNonsignificance
(MDNS) for the proposed action on October 23, 2004 (Exhibit J - MDNS). This determination
was based on review of infonnation on file, including the environmental checklist (Exhibit K -
SEPA Checklist), and staff evaluation of the environmental checklist for Ming Court (Exhibit L-
Staff Evaluation), 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.
The City received four comment letters during the 14-day SEP A comment period (Exhibit M -
SEPA Comment Letters). The City responded in writing to all parties that provided written
comments on the SEPA decision (Exhibit N - Response to SEPA Comment Letters).
C.
The City received a timely appeal of the SEP A MDNS from Ronald L. Rassilyer (Exhibit 0-
SEPA Appeal). Pursuant to FWCC Section 20-115, the SEPA appeal hearing and preliminary
plat application hearing shall be held simultaneously. The staff report to the Hearing Examiner
on the SEPA appeal is under separate cover (File No: 00-102794-00-SE).
IV. NATURAL ENVIRONMENT
A.
Soils - The applicant provided a geotechnical report, Report of Geotechnical Investigation,
Ming Court, prepared by Soil and Environmental Engineers, Inc., February 11,2000 (Exhibit P
- Geotech Report). Site soils are discussed in detail in the geotechnical report. The geotechnical
report concludes that the site is suitable for residential development following incorporation of
specific recommendations. There is a drainage swell in the western portion of the site oriented
in a north-south direction, and ground water was identified in several test pits. Infiltration
potential was not thought feasible, and a stormwater detention system was recommended. The
1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam
(AgB). Alderwood soils are characterized as moderately well drained soils that have a weakly
consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgB soils are
described as capable for urban development, runoff is slow, and erosion hazard is slight.
B.
Topography - The site is rectangular in shape and the site surface varies from being relatively
flat in the eastern portion to fairly irregular in the western portion. The highest portion of the
site is located approximately in the center, and the lower areas of the site are located at the
south-central and northwestern portions of the site. Elevation relief across the site varies from
about 10 to 12 feet (northeast to southwest). The City of Federal Way Environmentally
Sensitive Areas Map does not reveal this site to be in a problem area relative to landslide,
seismic hazard, erosion, steep slope hazards, or 100-year flood plain.
Page 5
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Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIBIT ~
nAI'-l: C. n~ '2.L
v.
C.
Vegetation - Existing vegetation consists of deciduous and conifer trees, with grass and
shrubs. The Significant Tree Inventory map, prepared by Aspen Design Group, April 19,
2000, submitted with the preliminary plat identifies 56 trees on the subject property that
meet the FWCC definition of significant. According to the March 19,2003, conceptual
drainage plan, prepared by Sitts & Hill Engineering, grades will only be altered and
vegetation removed from those areas proposed for roadway or storm drainage
improvements consistent with FWCC Section 20-179. Forty-one percent or twenty-three
significant trees are to removed. The remaining trees located on individual lots shall be
regulated in accordance with FWCC Section 22-1568 with individual building permits.
D.
Wetlands - The Federal Way Wetland Inventory does not reveal any wetlands, streams, or 100-
year floodplains, on or within 200 feet of the site. Staff concurs with the findings and
conclusions of the June 1999 Watershed Company report (Exhibit Q - Wetland Report) that
states that the 809 square-foot wetland located in the southwest portion of the site does not meet
the FWCC definition of regulated wetland due to its size. Therefore, that area will not be
regulated as a wetland.
E.
Mirror Lake Basin - Ming Court is located in the Mirror Lake Basin, which is subject to
flooding problems. Both the Ming Court and the pending Lakota Crest preliminary plat
developments would exacerbate flooding conditions. The project developers, in conjunction
with the City's Public Works Surface Water Management (SWM) division, developed
mitigation measures that will help alleviate the flooding problems. The two developers signed a
letter of intent to execute cost-sharing agreement for the proposed mitigation measures. The
Lakota Crest development incorporated the Mirror Lake mitigation within their permits, and
received preliminary plat approval. While Lakota Crest is located some distance from the Ming
Court and does not affect the property covered by this preliminary plat proposal, the two plats
are located within the same basin. Construction of both Ming Court and Lakota Crest is
contingent upon the installation of the Mirror Lake basin improvements.
NEIGHBORHOOD CHARACTERISTICS
A.
Vicinity - The vacant site is zoned RS-7.2 (Single-Family Residential, 7,200 square-foot
minimum lot size) by the Federal Way Zoning Map. The site is designated Single-Family High-
Density by the Federal Way Comprehensive Plan (FWCP). The proposed lot sizes ranging
from 7,200 square feet to 10,202 square feet in size conform to both the FWCC and FWCP.
The site is fully surrounded by RS-7.2 zoned property. With the exception of the Lakehaven
Utility District site to the north, surrounding properties are fully developed with single-family
residences.
B.
Public Parks - The site is approximately 1/2 mile northeast of French Lake Park and
approximately 1/2 mile northwest of Mirror Lake Park. These parks provide some recreational
opportunities for residents in the area.
VI. GENERAL DESIGN
A.
Lot Size - The proposed Ming Court lots range in size from 7,200 square feet to 10,202 square
feet. All lots on the preliminary plat map meet the minimum 7,200 square-foot minimum lot
SIze.
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Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIBIT '6
DA"-C ~ nl: '2-1
B.
Lot Layout - Most of the proposed lots are of rectangular shape, and two proposed lots gain
access from panhandles connected to the lots. All building setback lines (BSBL) are depicted
on the preliminary plat map, and each lot contains an adequate building area.
c.
Open Space - To provide adequate recreational opportunities commensurate with new
residential development, FWCC Chapter 20, "Subdivisions," requires dedication ofland on-site
for open space, or a fee-in-lieu payment. Pursuant to FWCC Section 20-155(b), the applicant
has requested to pay a fee-in-lieu of providing on-site open space. The City P ARCS Director
has agreed to the fee-in-lieu of on-site open space proposal. The open space fee amount of 15
percent of the assessed land value will be due at the time of final plat approval based on the
land value at the time. The subject site is within park planning area E.
D.
Subdivision Access and Roadway System - Access to the site will be via 8th A venue South,
which is classified as a minor collector street. In the proposed plat, South 31 oth Court is to end
in a cul-de-sac with a center island, while 7th Place South, which extends to the southern
property line, will provide for future right-of-way extension to the south. Section VII of this
report provides a detailed description of the proposed roadway system and improvements.
E.
Pedestrian System - Sidewalks will be provided along all street frontages. Specifically, interior
full street improvements include five-foot wide sidewalks on both sides ofthe proposed 7th
Place South, and the South 31 Oth Court cul-de-sac. In order to facilitate safe pedestrian corridors
for school children, the applicant shall be required to widen the east side of the 8th Avenue
South shoulder and construct an extruded curb, north from the subject site to the South 308th
Street intersection. This will be reviewed in conjunction with the plat engineering review.
The Junior and Senior High Schools are less than one mile from the subject site and students
will walk to these schools from the proposed subdivision site. The School District notes that the
walking routes are through developed residential neighborhoods that lack sidewalks. While
there are gravel or paved shoulders available, vehicles park in these locations, forcing
pedestrians to walk in the street. The School District suggested that the City limit parking on
one side of the walking route streets during the hours that students are walking to and from
school. The Traffic Division reviewed the walking route and detennined that the parking along
11 th Avenue South and 13th Avenue South should be restricted on one side of the street only
during hours that students walk to and from school. The applicant conducted a public meeting
on this proposal on January 13,2005.
Prior to final plat approval, the applicant shall implement approved traffic safety measures for
students walking to the Junior and Senior High Schools. Refer to Section VIII for additional
discussion of pedestrian system.
F.
Clearing and Grading - The March 19,2003 preliminary drainage plan, prepared by Sitts &
Hill Engineers, Inc., depicts grading limits that meet City standards for development clearing
noted in FWCC Section 20-179 (Exhibit A).
Based on this grading, vegetation is retained on undeveloped lots. The effects of this project
construction can be addressed through the establishment of a Temporary Erosion and
Sedimentation Control Plan (TESC) during plat infrastructure construction, and pennanent
stonnwater management facilities post-construction.
Page 7
OO-1O2793-00-SU / Doc ID 29871
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIBIT -e
DAt'.C :J na: 2-'
To prevent the potential accumulation of silt and sediment in the downstream MiITor Lake
drainage basin, staff recommends that mass grading be prohibited on this site. Environmental
review of the proposed subdivision identified the SEP A condition that, in order to mitigate
potential erosion impacts to MiITor Lake downstream ofthis project, clearing, grading and
street/utility work for the plat improvements will not be permitted from October I to April 30,
unless approved in writing by the Public Works Director. Additional stonn drainage measures
should be implemented and a careful evaluation done in order to allow clearing, grading, and
street/utility work for the plat improvements during the wet season, should the Public Works
Director approve such a proposal. The TESC plans are required to be approved and
implemented in accordance with the City's engineering standards in conjunction with plat
infrastructure construction.
In addition, according to the February 11,2000 Report of Geotechnical Investigation, prepared
by Soil and Environmental Engineers, ground water seepage was encountered in six of the
seven test pit locations dug at the site in January 2000. Seepage ranging from two to four feet
below the CUITent ground surface was observed. It was the opinion of the Engineer that ground
water seepage encountered was due to surface infiltration perching on top of relatively
impenneable glacial till. The report contained specific site preparation and structural fill
recommendations for the proposed subdivision. These recommendations shall be incorporated
into the final engineering documents and reviewed by the City of Federal Way. All new
impervious areas created by the development, including the roof drains for each new home, will
be required to drain to the new drainage system constructed for the plat, and all new lots will be
required to be graded to minimize stormwater runoff to adjacent properties.
Additionally, erosion control plans are required to be implemented on each individual lot
during home construction. Following plat infrastructure construction and recording of the final
plat, building pennits for construction on each of the lots will result in additional clearing and
grading on each individual lot.
VII. TRANSPORT A TION
A.
Street Improvements - Access to the site will be provided by 8th Avenue South.
The City's Traffic Division has reviewed the project and concluded that the proposed street
layout of the Ming Court subdivision is consistent with the adopted codes and comprehensive
plan in place at the time of the complete application.
The Ming Court Plat will provide street improvements consisting of 28 feet of paving, vertical
curb and gutter, a four-foot wide planter strip with appropriate street trees, a five-foot wide
sidewalk, and a three-foot wide utility strip within a 52-foot right-of-way, consistent with the
FWCP street classification of Cross Section W. Streetlights are to be provided with the plat
development in confonnance with FWCC Section 22-1522.
In the proposed plat, South 3 10th Court is to end in a cul-de-sac with a center island consistent
with Cross Section Z, while ih Place South, which extends to the southern property line, will
provide for future right-of-way extension to the south. The applicant shall install a baITicade as
approved by the Federal Way Public Works Department at the southern end ofih Place South
with signage to alert residents to the future extension of this road. All internal streets shall have
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 8
0O-1O2793-00-SU / Doc ID 29871
EXHIBIT 8
PAGE~~ OF 31
a minimum pavement section of three inches of Class B asphalt over seven inches of crushed
surfacing.
The City's Public Works Department and Federal Way Fire Department have reviewed the
proposed access, street improvements, and curve radius for confonnance with code standards.
VIII. PUBLIC SERVICES
A.
Schools - A Ming Court School Access Inventory Analysis (Exhibit R), addressing the access
standards of the Federal Way School District, was prepared for this project. Under current
School District boundaries, Nautilus Elementary School, Sacajawea Junior High School, and
Federal Way High School would serve the proposed subdivision.
The elementary school is more than one mile from the subject site and bus transportation is
provided for these students. As noted by the School District in a May 26, 2000 letter, existing
pedestrian routes of travel from the subject site to the school bus stop on 8th Avenue South are
not safe. The elementary school bus stop is on the east side of 8th Avenue South at South 309th
Place, and the applicant agreed to install a raised crosswalk with signage on 8th A venue South
north of the entrance to the subdivision to create safe crossing locations as required by FWCC
Section 20-156(a). As part of the City's Neighborhood Traffic Safety (NTS) program, the City
installed a speed hump on 8th A venue South north of the entrance to the subdivision to control
speeding on 8th Avenue South. This speed hump addresses the need for a crosswalk by reducing
vehicle speeds on the roadway, and a crosswalk is not needed.
However, the shoulder on sth Avenue South is narrow, does not meet the City's recommended
shoulder standard for minor collectors,2 and is bordered by a drainage ditch, limiting safe
refuge opportunities for pedestrians. In order to facilitate safe pedestrian corridors for school
children, the applicant shall be required to widen the east side of the 8th Avenue South shoulder
with an extruded curb, north from the subject site to the South 30Sth Street intersection. This
will be reviewed in conjunction with the final plat review.
The Junior and Senior High Schools are less than one mile from the subject site and students
will walk to these schools from the proposed subdivision site. The School District notes that the
walking routes are through developed residential neighborhoods that lack sidewalks. While
there are gravel or paved shoulders available, vehicles park in these locations, forcing students
to walk in the street. The School District suggested that the City limit parking on one side of the
walking route streets during the hours that students are walking to and from school. The Traffic
Division reviewed the walking route and concurred with the School District to restrict parking
on one side of 11 th A venue South and 13th Avenue South streets only during hours that students
walk to and from school.
The applicant conducted a public meeting on the proposed parking restrictions on January 12,
2005. Traffic staff will update the Hearing Examiner during the Public Hearing on the results of
this meeting. Prior to final plat approval and as provided for under FWCC Section 22-l56(a),
the applicant shall ìmplement approved traffic safety measures for students walking to the
Junior and Senior High Schools.
2 The shoulder is approximately four feet in width, and the recommended standard is five feet.
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 9
OO-1O2793-00-SU / Doc ID 29871
EXHIBIT -.h-
ÞAt'.t;" OF &1 ~-
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 $3,011.50 per single-family housing unit. School impact fees are
determined on the basis of the School District's Capital Facilities Plan and are subject to
annual adjustment and update.
B.
Public Parks - The site is approximately Y2 mile northeast of French Lake Park and
approximately Y2 mile northwest of Mirror Lake Park. These parks provide recreational
opportunities for residents in the area. On-site open space requirements are discussed in Section
VI of this report. The site is located within Park Planning Area E.
c.
Fire Protection - The January 11,2000, Certificate of Water Availability (Exhibit S) 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 Fire Department requires that a
fire hydrant be located within 350 feet of each lot. The exact number and location of fire
hydrants will be reviewed and approved by the Fire Department.
IX. UTILITIES
A.
Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A January 11, 2000, Certificate of Sewer Availability
(Exhibit T) 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. A January 11, 2000, Certificate
of Water Availability indicates Lakehaven's capacity to serve the proposed development
through a DEA. Lakehaven Wellhead #25 and two water tanks are located north of the
proposed Ming Court development. Lakehaven considers residential development a low risk to
wellhead protection areas. The subject property is outside the required 100-foot sanitary buffer
for Wellhead #25. Water quality to the Wellhead would be a concern only if spills from heavy
equipment with large fuel tanks occurred during construction activities. To this end, the City of
Federal Way will require the applicant to notify Lakehaven Utility District prior to the
commencement of any construction activity at the site.
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 King County Surface Water Design Manual (KCSWDM)
and the City's amendments to the manual. A Level III Downstream Analysis and Preliminary
Technical Information Report (TIR) prepared by Sitts and Hill Engineers, Inc. dated AprilS,
1999 and revised March 3, 2000 (Exhibit U) and reviewed by the City's Public Works
Department who concurred with information in the report. The applicant also submitted a
conceptual drainage plan, March 19,2003, prepared by Sitts and Hill Engineers, Inc. Basin
information is provided in Section Iv.E.
The applicant proposes to install a combined open detention and water quality wetpond, with
interior wet plantings in conformance with the King County Surface Water Design Manual, to
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page IQ
QQ-1O2793-QQ-SU / Doc ID 29871
EXHIBIT ~
I'U A'" ........ ^ .. ~ - t
provide on-site flow control and water quality protection. The preliminary TIR proposes that
the detention pond, as required by the City, be a Level 3 Flow Control Facility, as provided in
the KCSWDM. The Level 3 Flow Control Facility must be designed to match durations for 50
percent of the two-year through 50-year peak flows, and to match the lOO-year annual peak
outflow, to the pre-developed level. The Engineer states that with this strict discharge, it
appears little or no impacts to the downstream drainage system is anticipated, up to and
including the lOa-year peak outflow.
Final review and approval of the storm drainage facilities as shown on the engineering plan will
occur in conjunction with full drainage review.
x.
ANALYSIS OF 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 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-l26(c), the
Hearing Examiner may recommend approval of the proposed preliminary plat only if the following
decisional criteria are met. Decisional criteria and staffresponses are provided below.
1.
The project is consistent with the comprehensive plan.
StajJComment: The application is subject to the 2000 Federal Way Comprehensive Plan
(FWCP), which designates the property as Single-Family High-Density. The proposed land use,
Single-Family Residential plat, with 7,200 square-foot minimum lot size (RS-7.2), 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, as vested in 2000.
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 Single-Family High-Density land use classification of the FWCP and map.
Proposed access and fire hydrant locations must meet all requirements ofthe Federal Way Fire
Department. Future development of the plat and associated improvements including those
proposed improvements at Fishers Bog in accordance with applicable codes and regulations
will ensure protection of the public health, safety, and welfare.
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
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EXHIBIT -B...-
PAGE II OF ~l__-
4.
It is consistent with the design criteria listed in 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, and
provision for the housing needs of the community. 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 Sections 20-151 through 157, and 20-
158 through 187.
Staff Comment: Development of this site is required to comply with the provisions of FWCC
Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning,"
and all other applicable local and state development codes and regulations. As proposed, the
plat is consistent with the FWCC requirements. The final plat must meet all FWCC
requirements for lot size, lot configuration, tract configuration, and access design. With minor
design changes to comply with FWCC requirements and recommended conditions of approval
by City staff, the preliminary plat application complies with all applicable statutes, codes, and
regulations.
XI. FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, environmental record, and related decisional criteria,
the Department of Community Development Services finds that:
1.
The proposed action is to subdivide a vacant 3.83-acre parcel into 15 single-family lots with
one storm drainage tract. There are single-family residential land uses to the south, east, and
west of the subject site, and a Lakehaven Utility District water tower and well site to the north.
2.
Zoning for the site is RS 7.2. The proposed residential subdivision and density is consistent
with existing adjacent land uses and zoning, and the project will be compatible with adjacent
residential uses provided all recommended conditions of preliminary plat approval are met. The
proposed subdivision vested to City codes and regulations as of December 1, 2000, including
the 2000 Federal Way Comprehensive Plan (FWCP).
3.
A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued for this
proposed action on October 23,2004. Four comment letters were received. Mr. Ronald L.
Rassilyer appealed the SEP A determination on November 22, 2004. The Hearing Examiner will
review the SEP A appeal concurrently with the preliminary plat review, pursuant to FWCC
Section 20-115.
4.
Water and sewer facilities are available from the Lakehaven Utility District and are adequate to
serve the proposed development. Sewer facilities will include the extension of mainline sewer
trunk through the site. It is the applicant's responsibility to secure all necessary water and sewer
services from the utility providers and services of other utility providers as necessary. As
recommended per condition #2 of the preliminary plat approval, the applicant shall notify the
District before commencing any earth moving activities so that the District can monitor the
adjacent well and water tower for sedimentary impacts.
Page 12
00-1 02793-00-SU / Doc ID 29871
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIBIT 'B
Þ4r.r; I?. OF 2.1
5.
As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family residence. Preliminary building setback lines (BSBL) are identified on the
preliminary plat map.
6.
The recreation and open space needs of subdivision residents will be met through payment to
the City's Parks Department of an optional fee-in-lieu providing the on-site open space, which
shall be utilized to improve recreation opportunities within the park planning area of the subject
property as provided for in FWCC Section 20-155. Pursuant to condition #5 of preliminary plat
approval as recommended, such fee shall be calculated based on the assessed value at that time
and paid prior to final plat recording.
7.
Public access into the subdivision will be provided from sth A venue South. As proposed, site
access and street design will be at the optimum locations and configurations for safe and
adequate traffic circulation. Channelization and street improvement plans, prepared per the
City's engineering standards, are subject to review and approval in conjunction with
engineering plans review. Full street improvements within a 52-foot wide right-of-way are to be
installed for SW 30gth Street and ih Place South. Pursuant to condition #6 of preliminary plat
approval as recommended, prior to final plat approval, the applicant shall install a bamcade as
approved by the Federal Way Public Works Department at the southern end of7'h Place South
with signage to alert residents to the future extension of this road.
s. The existing speed hump on sth Avenue South north of the entrance to the subdivision provides
a safe pedestrian connection from the subject site to the elementary school bus stop on the east
side of sth Avenue South at South 309th Place as required by FWCC Section 20-156(a). As
recommended in condition #4 of preliminary plat approval, prior to final plat approval, the
applicant shall widen the east side of the sth Avenue South shoulder with an extruded curb,
north from the subject site to the South 30Sth Street intersection, the details of which shall be
reviewed in conjunction with the plat engineering review, and as required by the Public Works
Director.
9. Students will walk to the Junior and Senior High Schools from the proposed subdivision site
through developed residential neighborhoods lacking sidewalks. As recommended per
condition #5 of preliminary plat approval, prior to final plat approval, the applicant shall
implement approved traffic safety measures for students attending these schools as required by
the Public Works Director.
10. The subject property is wooded with second growth forest, and contains 56 trees that meet the
FWCC definition of significant. The applicant has proposed to remove 23 significant trees with
site grading for the installation of roadways and utilities. The remaining significant trees will be
regulated under FWCC Section 22-156S during residential building pennit review. As
recommended in condition #3 of preliminary plat approval, the landscape plan shall include
stonn drainage facility or tract screening, street trees, and tree conservation techniques.
II. The proposed preliminary plat is pennitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning." Lots that are rectangular in shape and that range in size from 7,200 square feet to
10,202 square feet in size are consistent with the standards of Article III of the 2000 FWCC
Chapter 20.
12. Surface water facilities shall be designed in accordance with the KCSWDM standards and
adopted Federal Way amendments subject to engineering plans review and approval. A
Page 13
OO-1O2793-00-SU / Doc ID 2987\
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIBIT --Þ
ftAt!e ."- nc: 2J
stonnwater detention/water quality tract must be dedicated to the City of Federal Way, and
downstream facilities and/or upgrades must be provided where necessary.
13. The geotechnical report submitted with the application contains specific recommendations and
conclusions for the proposed development, including site preparation and grading of the subject
site. The recommendations shall be incorporated into Engineering plans prepared for site
development. Supplemental geotechnical analysis may be required by the City's Public Works
Director or Building Official, as allowed by FWCC, during development of the site in
confonnance with FWCC Section 22-1286.
14. If included in the final engineering design, to minimize aesthetic impact and be consistent with
the residential nature of the proposal, all retaining walls and rockeries shall include aesthetic
treatment as approved by the Community Development Services Department.
15. The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, "Environmental Protection"; FWCC Chapter 20, "Subdivisions";
FWCC Chapter 22, "Zoning"; and all other applicable codes and regulations. As proposed, and
with conditions as recommended by staff, the preliminary plat is consistent with the FWCP and
all applicable codes and regulations. The applicant is responsible to obtain outside agency
pennits as applicable.
16. Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded per City code requirements, and final
plat documents will be reviewed for consistency with the conditions of preliminary plat
approval and all applicable codes, regulations, and standards pertaining to final plat review.
XII. RECOMMENDA nON
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the preliminary plat
subject to the following conditions:
1.
Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be
generally consistent with the clearing limits depicted on the Conceptual Drainage Plan of Ming
Court, plan page C 1.0, dated March 19, 2004 and prepared by Sitts and Hill Engineers, Inc.
(Exhibit A). The clearing limits on the plan sheet referenced above are the approximate clearing
limits necessary for roads, utilities, and pond. The clearing and grading limits on the approved
plan may be modified with the approval of the Community Development and Public Works
Departments during final engineering plan review as required to reflect changes in road and
utility designs, if any.
2.
Prior to issuance of construction pennits, the applicant shall in writing notify Lakehaven Utility
District of the pending commencement of earth disturbance activities so that the District can
monitor the adjacent well and water tower for sedimentary impacts.
3.
Prior to issuance of construction pennits, a final landscape plan prepared by a licensed
landscape architect shall be submitted for review and approval by the Director of Community
Development Services, and shall include the following elements:
Page 14
00-1 02793-00-SU I Doc lD 29871
EXHIBIT a
DAI'.C lei n~ 2J
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
(a) Street trees on internal plat streets.
(b) Cul-de-sac landscaping.
(c) Stonn Drainage Tract A screening.
(d) Significant tree identification and replacement.
4.
Prior to final plat approval, the applicant shall widen the east side of the 8th Avenue South
shoulder and install an extruded curb, north from the subject site to the South 30Stl1 Street as
required by the Public Works Director.
5.
Prior to final plat approval, the applicant shall implement approved traffic safety measures for
students walking to the junior and senior high schools as required by the Public Works
Director.
6.
Prior to final plat approval, the applicant shall install a barricade as approved by the Federal
Way Public Works Department at the southern portion of7'h Place South with signage to alert
residents to the future extension of this road.
7.
Prior to final plat approval, the applicant shall pay the alternative fee-in-lieu of providing on
site open space, as proposed and accepted, which fee shall be calculated on the basis of 15
percent of the most recent assessed valuation or MAl appraisal at that time, subject to approval
by the Directors of Parks and Community Development Services.
8.
If included in the final engineering design, retaining walls and rockeries design shall be
hannonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation, and
textural treatment to be designed by the applicant and approved by the Community
Development Services Department.
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 15
0O-1O2793-00-SU / Doc ID 2987\
EXHIBIT ~
n^,,"F: IC f\r: ~
XIII
LIST OF EXHIBITS
A.
B.
e.
D.
E.
F.
Gl-G4.
Hl-H4.
1.
J.
K.
L.
Ml-M4.
Nl-N4.
O.
P.
Q.
R.
S.
T.
U.
Preliminary Plat Map of Ming Court, June 17,2003 (T-l); Conceptual Drainage Plan of
Ming Court (C 1.0); and Preliminary Landscape Plan revised June 18,2003
Vicinity Map for Ming Court Preliminary Plat
Master Land Use Application for Ming Court Preliminary Plat, May 12,2000
Letter of Intent to Execute Cost Sharing Agreement
Notice of Application
Mailing list
Four public comment letters based on the Notice of Application
City Responses
SEP A Mailing list
MDNS
Environmental Checklist
Staff Evaluation of Environmental Checklist
Public Comment letters for Ming Court SEP A Determination
City response to SEP A public comment letters
SEP A Appeal from Ronald L. Rassilyer
Geotechnical Report, February 11,2000
Wetland Report
Ming Court School Access Inventory Analysis
Certificate of Water Availability, from Lakehaven Utility District
Certificate of Sewer Availability, from Lakehaven Utility District
Level III Downstream Analysis and Preliminary Technical Information Report (TIR)
resubmitted April 7, 2003
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent - De-En Lang, Lang Associates, Inc.
Applicant - David Ling
Page 16
00-1 02793-00-SU / Doc ID 29871
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
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MING COURT
PRELIMINARY PLAT
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Map Date: October '04
City of Federal Way
33325 8th Avenue S.
PO Box 9718
Federal Way, WA 98OE
www.cityoffederalway.c
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FILE NO: 00-102793-00-SU, 00-102794-00-SE
ADDRESS: 30901 8TH AVENUE S
EXHIBIT -B
PAGEZL-OFA-
This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warrenty as to its accuracy.
FACSIMILE COVER SHEET
January 19, 2005
VIA FACSIMILE
9()J. s"" , h 10th S feet
No.: 253-835-2509
T.¡èl"".O, W;".~_;n, nn 9'~'1"~
Phl'"': l_~¡ l;n-.u (,
Fdc"jfnil~ ~,<;, 'l7:" {;'n.:¡
TO:
Jason Suzaki
RE:
Ming Court
FROM:
KELLY L. BAKER
Transmitted herewith are a total of _6- pages, including this cover sheet. Ify u do
not receive all pages please call sender, KELLY BAKER, of McCARTHY, GAUSS UX
&. ROURKE, INC., P.S., at (253) 272-2206 for resending.
Documents FAXed:
1.
Exhibits 4,9,10
LAW OfFICE OF
McCARTHY,CAUSSEAUX
& ROURKE, INC., P .5.
902 South 10th Street
Tacoma, Washington 98405
(253) 272..2206 (Swîtchboard)
(253) 272-6439 (Facsimile)
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801 S. 310th Place
Federal Way, WA. 98003
CITY OF FEDERAL WAY
A TIN: CITY HEARING EXAMINER
FEDERAL WAY. WA. 98063-9718
January 12. 2005
FILE NO: 0O-102794-00-SE. ADDRESS~ 30933 8m AVENUE S.
Dear Sir:
We would for purpose ofintroductioll, respectfully refer you to our previous letter
addressed to Ms.. Deb Barker of November 3, 2004. This letter was responded to by M
Kathy McClung on November 15.2004. We appreciated this response. however. wish t
be assured that our primary concerns remain part of your considerations.
Our remaining and most prevalent concern is that this proposed development would
substantially contribute to the escalation of traffic, especially as the Ming Coun
Development access way (South 309m Court) is to be located off 8th Avenue South at
point directly opposite the school bus stop (South 309th Place). Ms. Kathy McClung's
assurances (response letter of November 15. '04) speak of a planned and "marked
crosswalk with signage on 8th Avenue South north ofllie entrance to the subdivision"
(to be facilitated by Mr. Ling. applicant) and of him bejng required to widen the east sid
of the 8th Avenue South shoulder with an extruded curb. north from the subject site to
South 308th Street intersection..."
However. these assurances do not really reassure us. From our area knowledge and
observations (our residence has a full visual observation of the crosswalk and environs) e
are not sure the City has taken into full account the illmtrds that will be caused by this
development. If these hazards cannot be counted because of City departmental "lega' ,.
when considering this development we would nevertheless like to pojnt out: 8 TK
AVENUE SOUTH IS A PRIMARY ACCESS ROAD. IF NOT THE ONL Y ROAD~
TO AT LEAST THREE SCHOOLS. AND THE FEDERAL WAY BOYS & GIRLS
CLUB (A BLOCK A WAY FROM THE PROPOSED DEVELOPMENT). The hazard
to children who very often choose to walk to school. etc. is not being reviewed carefu lly
enough.
Our point ìs that lithe City wishes to pemùt new developments. some consideration
should be given to improving the present road scenario, which is that.¡~H~~~~th
does not afford proper paved, raised sidewalks which would at leastlSIAlUI:I II ,
protection to the not inconsiderable. numbe~ of children. ol~er adul,~od in 0 ..
general who regularly walk, cycle and use this road at what IS really, grèà1Ì5e~'- -
hazard.
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We have not addressed, but it also needs to be considered. where coIlStrûction workers
are planning to p(p"k then- velúcles when not in use or while seeking proper access to thi
proposed development - parking is at a premium along the aforementioned and already
severely impacted. 8th Avenue South, and we trUSt wouJd not be permitted on or ~ the
residential byroads such as the Birchwood Complex (S. 310th Place etc.)m
I
We remain opposed to pennission being granted to proceed with the proposed
development for the reasons stated herein and also for any mentioned but not addressed
by response. in òur origina1letter of Nov. 3rd. 2004 to Ms. Deb Barker.
Sincerely,
R ~T ~.~~
Robert L. Buchanan.
~ cd;. <.: 0.. c: ~ "- h o..~ <""-
Patricia A. Buchanan
C~~A7'7r~7 ~~'~T ~~~7 ~T"~~
&01 S. 310111 Place
Federal Way, W A. 98003
CITY OF FEDERAL WAY
A TTN : CITY HEARING EXAMINER
FEDERAL WAY, WA 98063-9718 January 17,2005
0/
FILE No.: 00-102794-00-S£. ADDRESS; 30~ 8m AVENUE S.
Dear Sir:
Further to our letter to you of January 12,2005, we find upon further review that we
failed to make our point over the pedestrian crossing and sidewalks to be provided on
Eighth Avenue South:
If Mr. Ling, applicant, is to be required as a condition of Ming Court construction, to
install these above-mentioned features, it should be a further proviso that tills work be
completed BEFORE the completion ofMing Court construction, not afterwards. We
make this point because we feel these improvements need to be done now not later,
especially in light of the fact that Millg Court is not projected to be completed until
October, at a time of year when weather conditions deteriorate and may become such
the City may have difficulty in enforcmgtúnely completion of these needed improvement.
Our other concern. over parkíng. stands as defined.
. Fìnally, we respectfully point out that in the City's listing OfPllblic Services (Final Staff
Evaluation for Envíronrnental Checklist dated October 20, 2004, St. Vincent de Paul
Catholic Church and quite sizeable School were not mentioned. St. Vincents is located
few blocks further down glb Avenue South and do further contribute to the substantial
traffic impact and child concerns.
Síncerely,
I(~<p~
Robert L. Buchanan
vf(ìv-T~~ 0 'Y\ADkc'-^~
Patricia A. Buchanan
EXRTBrr
EXHIBIT
PAGE~ F_~ ---
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From: Harold L. Hartman
Owner
30855 8th Ave. S.
253-839- 7123
Question 1.......1 will be developing the property
to the north and bordering the access road to b
constructed for this project (see drawing). Will
the utilities be underground or above ground,
and will it be possible to have the utilities set up
so that I can tap in when I do the development?
Question 2......Will the access road be a public
road and willi be able to use it if I subdivide an
put in houses with driveways off the new road?
Harold L. Hartman
EXHI~T
PAGE 0
EXHIBIT V
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RECEIVED B"
COMMUNITY DEVelOPMENT ARTMENT
JAN 1 8 2005
January 17, 2005
Gene Rite
30936 5th PI. S.
Federal Way, W A.
(253) 529-8792
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98003
Kathy McClung
City of Federal Way
RE: #00-102794-000-00; Response To SEP A Comments
Ming Court Preliminary Plat
Ms. McClung:
Pursuant to your letter dated Nov. 17,2004, I picked up on the word "recommendations,"
regarding site drainage preparations. This would indicate to me that the developer
would not be accountable to properly prepare the site. This could result in our flooding
problem being aggravated. I believe the developer should be held to rigid standards on
this matter. I also believe that, due to the disruption of our privacy and security, a 6'
wooden fence should be built across our property line. This would separate the two
properties and should be provided by the developer.
Sincerely,
p~ 1d:1::
P. Gene Rite
EXHIBIT D-¡
PAGE i_OF -JJl",-
City of Federal Way
Federal Way City Council
33325 8th Ave South
Federal Way, WA
February 8, 2005
Dear Federal Way City Council:
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We, the undersigned, are very much in favor of the upcoming decision to be made
regarding the Ming Court preliminary plat application. Ming Court is located on 8th Ave
South in Federal Way. Our three homes are on the south side, adjacent to the proposed
development, and are subject to much of the refuse being thrown there as well as the
unwanted traffic this undeveloped land draws. Rodents also infest our homes.
We were in attendance at the January 18th, 2005 hearing of the Ming Court preliminary
plat application and are in agreement that developing Ming Court would be such a benefit
to our entire neighborhood, that we urge the Federal Way City Council to approve the
preliminary plat of Ming Court.
Please place this letter of affirmation in the official records involving the Ming Court
case.
Thank you for your consideration.
Sincerely,
Richard and Kathryn Clare
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EXHIBIT. Þ - Z.
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RECEIVED BY
COMMUNITY DEVELOPMENT DEPARTMENT
FE8 1 ] 2005
801 S. 310th Place
Federal Way, WA. 98003
CITY OF FEDERAL WAY
ATTN: Ms. Deb Barker, Assoc. Planner
FEDERAL WAY, WA. 98063-9718
February 10, 2005
FILE NO: 00-102794-00-SE. ADDRESS: 30901 8TH AVENUE S. MTNG COURT
Dear Ms. Barker,
We would like to comment that we were very impressed by the "Land Use Public
Hearing" as conducted by the City. More especially, your presentation of the Hearing, of
guiding, as it were, the proceeding so that it was clear and concise for all present, was
excellent.
As for the Report and Decision of the City of the Hearing Examiner, we are very relieved
to hear the Examiner apparently agreed with us over the urgency of sidewalk improvement
(8th Avenue South), and as our concerns were primarily about traffic impact/safety should
the Ming Court development be permitted, in essence we are pleased with the Examiner's
decision. We can and do feel concern for the house owners residing immediately west of
the development-to-be as far as potential flooding oftheir properties, but that is perhaps
not a concern we can present.
Thank you very much for helping us to feel our concerns as residents need not be
dismissed as unimportant, in fact that such opinions and participation are valued. It has
been an interesting and worth while process for us.
We will continue to keep an eye on further developments of the project.
Sincerely,
j~~~~ C't s......chcx^~
Patricia A. Buchanan
¡fðbv;'-{B~~
Robert L. Buchanan
Szo¡ - r /29
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EXHIBIT b - .:3
PAGE ?Þ OF 10
. RECEIVED BY
COMMUNITY DEVELOPMENT DEPARTMENT
/)/\. Lang Associates, Inc.
~ Land Use and Development Consultants
10658 Riviera Place N.E. . Seattle. Washington. 98125. Tel: (206) 306-8880. Fax: (206) 362-6848
FEB 1 1. ZO05
February 10,2005
City Council
C/o Ms. Cris Green, City Clerk
City of Federal Way
33325-8th Ave S
P.O. Box 9718
Federal Way, WA 98063-9718
Re:
Ming Court Preliminary Plat
FWHE#O5-01 Related File No. 00-102793-00-SU
Dear Member of the City Council:
We are consultants representing the applicant of the subject preliminary plat. Mr. Mark E.
Hurdelbrink, Deputy Hearing Examiner issue a recommendation to the City Council after the
public hearing was held on January 18, 2005. We disagree with Condition 1 of the
conditions of approval and would like to present the following arguments before the Council.
BACKGROUND
1. The subject preliminary plat was submitted on May 12, 2000. The original submittal
included a grading plan showing mass grading of the site (reduced copy attached).
2. Planning staff informed the applicant that mass grading was not allowed in the City
and insisted that the grading plan be revised. Staff cited Council decisions in the
past.
3. At staffs insistence, the applicant revised the grading plan and limited clearing and
grading to street right-of-ways and utility corridors.
4. Due to drainage concerns downstream at Mirror Lake and Fisher's Bog the project
along with other project named "Lakota Crest" (City File No.98-103452-00SU) were
put on hold until solutions were found in 2004.
5. Lakota Crest was approved but the proposed mass grading was rejected by the
Hearing Examiner.
6. Applicant of Lakota Crest appealed Hearing Examiner's recommendation to the
Council and the Council approved the mass grading by Resolution No. 04-426 (copy
attached).
Restrict clearing and grading to street right-of-ways and utility corridors would have the
following problems:
1. Increase import and export material during individual lot clearing and grading, thus
increase frequency and duration of truck traffic generated by the project. Since
utilization of on-site material for cut and fill would be limited.
EXHIBIT þ.A/
PAGEA-OF JO
Federal Way City Council
February 10, 2005
Page 2
2. Increase in import and export of cut and fill material would also increase secondary
impact to extraction and dump sites off the project site.
3. Individual lot clearing and grading are very inefficient and expensive. This is due to
small lot sizes and tight construction spaces. It would be even more difficult after
some of the homes are built.
4. Individual lot clearing and grading would also increase needs for rockery and
retaining walls.
5. Erosion control would have to be implemented on individual lots and for longer
duration.
6. Tree retention requirements can be better implemented with mass grading during
plat construction.
We believe the subject project site is similar to Lakota Crest in location and topography. You
have approved mass grading proposed by Lakota Crest applicant. The subject project's
original proposal did include mass grading, we therefore request that you reverse Mr.
Hurdelbrink's recommendation and allow mass grading in the proposed preliminary plat of
Ming Court.
If you have any questions or need any additional information, please contact me at (206)
306-8880 or E-mail me at deenlanQ@yahoo.com.
Sincerely,
LANG ASSOCIATES, INC.
De-En Lang
President
Enclosure
Cc:
Mr. Mark E. Hurdelbrink
Ms. Deb Barker
Mr. David Ling
EXHIBIT b-l.(
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RESOLUTION NO. 04-426
A RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF
FJt~DERt\J, WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE LAKOTA CREST PRRLIMINAUY 11LAT,
FEDERAL WAY FILE NO. 98-103452;'00 SUo .
WHEIU~s, tllC owner, Lyle Homes, opp! ¡cd to the City ofFederot Way for pcc1iminary plat approval to
¡;uhdividc certain real I)ropcrty kQ.own AS Lnkota Crest and consisting of 10,8 acres into forty-three (43) single-
family rcsldontiat lots located northwest or 010 intersection of SW 31Zlb SlrteI. and 1$1 Avenue Soulh which
parccl adjoins n 7-1] store at tho northwcsl corner of said jntcrsection: and
WIJ~RnA.":/) On May S. 2004. an Elwironmcnlal Mitigated Determination ofNonslgnificance (MDNS)
was iSS\lw by the Dircctol' ofFcdoral Way's Department ofCommulÙty Development Services pursuant to the
StoiC'. Envlrormle1ltol Policy Act (S'Er A), RCW 43.21 C; and
WHEREAS, on Jun~ 2, 2004, ISM Consulting ~nginccrs on behalf ofLy1e Ilomes, appealed tho SEPA
Mitigated Determination oJNonstgnfjiamcc; and
WHEREAS. pursuant to Fedr:ral Way Clcy Code Section :20.115, the SEPA appeal hGl1ring and
preliminary piaL application open record ~ring shaH be hold SimultaneollSty, and
WHEREAS, the FcdcJ1\1 Way Land Use HCé)ring Examiner on July 13, 2004, held a public hearing
con~.oI"!Ung the Lakota Crest preliminary plat and SEP A appeal; and
W(lf.REAS. the Hearing ExlUnincr lcft the record open until Jul)l27, 2004; arid
WHEREAS, on Ju ty 26, 2004. tbel City of F ederat W flY issued' a revised SEP A Mitigated Ðeterm;natiOf/
OJ Nomigl1ljlc.Q/JCC for tho L..'tkota Crest proliminftry plat; 8nd
WHERf.:AS, 00 July 26, 2004, BriaI11~wlcr, on behalf of the appellant, wil.hclr~w tho appeal of the
May 5, 2004 MDNS; and
Whereà.s, following the conclusioll of s~lid hearing, 01\ August 10,2004, the FedCt~l WAY L-Ind Use
Hearing Examiner issued a written Report and Recommcnda~ion containing findil)g.~ amI conclusion~. .nd
recommending approval of the preliminary plat of Lakota Crest subject to conditions set forth tllcrein; and
. .
Whereas, foltowiu(: the oonc1usion of S<lid hearing, on August] 0,2004, the Federal Way Land Use
Res. fI~~26
. P~cc I
ORIGINAL
EXHIBIT-Þ"C¡
ftAl!e ~ nc 10
'-
.....~
1 learing Examiner issued a Memorandum Decision statine that 1hc Examiner will take no further act ion on the
withdrawn SEPA appoaJ; ànd
WIlf.RP.AS, the Federal Way City Council has jurisdiction and authority pursuant lo Section 20-127 of
lhe Fodera} Way City Cod~ to approve, deny, or modify a preliminaJ)' plat and/or its conditions; and
WHEREAS, on ScptOinbcr 13, 2004, the City Council Land Use and Trnnsporlalion Committee
considered the record and the Hec'1ri~g Examinc! ~ommßndation on the Lakota. Cccst preliminmy plat,
- .
pursuant 1.0 Chapter 20 of Federal Way City Code, Chapter 58.17 of the RCW, and nil other applic.'\blc City
codes, and voted to forward a rccommend.\Uon for approval of tho proposed Lakola Crest prcliJnÌ1\ary plat to
the f\dt City Council, except the WIC recommended to eliminate rIDding number twenty and condition
number three of the Hcuring Exanúl1er recommendaLion; and
WHI!REAS, on Septembt.."I' 13, 2004, the City COUl1cit lAnd Use and TranSpol1ation Committee
recommended to thc City Council to allow ma.'\s clearing 8nd grnding pf the site; and
WHEREAS. on SeJ1tcm~cr 21, 20M, the City Council considered the rerord and tho Hearing Examiner
recommendation On the Lakota Crest preliminary plat. and the recomrncndatlon of the Land Use and
'rnmsJ>ortation Committee pursuant to Cbaptl..'f 20 of Federal Way CiJ)J Code, Chapter 58.17 ofdtc RCW, and
at! other applicable City codes.
Now mHluwORE. TIlE CITY COUNCU- Of')1 If¡ CITY OF FEDERAl. WAY, W ASIIINGTON, DOES HF.REI3Y
RHSOJ..VE AS FOLLOWS:
Section 1. AdoDtion.Q{Jìindin(t9 of FðClIU1d Coqçily¡iQ!.1.â<
1.
1'h~ fiodÎl\gS of fact and conclusions of the Land Use Hearing Examiner's August 10.200.1
Report and Recomm~nd:tlion, attached hereto :ts Exhibit A and incorporated by this reference, arc hcf(.by
adopted ~IS the finding:; and conclusions of the Fedoral Way City Council except findìng number twenty and
condition number thr~ arc not adopted. Any finding docrhcd ~o bc;a conclusion, and anycoMlusion deemed to
be it finding, shan be treated as such.
2.
The Fc:úcl1I.l Way City Council hereby etiminates í1ndlng number twenty and COndition
m..im 1>ct three of the August 10,2004 Hcaring Examiner Report and Rcconunendation, and finds mass grading
t{c~.#1-944.~~_--, rOte 2
EXHleJT J)~
PAGE--Z-OF JO
,
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oftho cr.tire site at the time of plat infrnsÚllcture construction will promote efficient construction on the sit~
reduce truck trips during coustruction onhe sile and durins construction of homes on future building 101."., and
altow for balancing c.ut and fill 11\ntcnals on tho Silo. consideration of surroul1ding7.oJting and uses, and lack of
ability [or long tc.:rm preservation of signifi~nt trees on the site. make the site conducivc to mass grading,
3.
Base<! on, ¡"feral/at the Ilnalysis and conclusions in the SlaffRcport and HcaringExamil1Crts
recommendation. and conditions of flpproval as established ~erein, and 11)0 establishment of a City Council
finding allowing mass clearing and grading orthe sitet the prôposQd subdivision makes appropriate provisions
for the public hoa!lht safely, and general wclft\n\ and for such open spaces, drainage ways, streets or co.'tds,
alleys, other public waY$. transit stops, potable Wf'tCr suppliCSt snnitary waste, parks and tecrcation, play
groul1d~, scl1ooh¡ <lnd ¡choo1grounds. and~l other l'elevant facts as arc required by City code and state law,
and provides for sidewalks and other planning fC4lWCS to assurcsafe waJkingc{)oditîons for students \\1\0 walk
10 and fl'Orn school.
4,
The public use 8t\d interest will b~ SClVed by the preliminary plat approval granted hcr~in.
Scction 2. J\pp,1i.f3.tion Approval. Based upon the recoouneodation of the Federal Way L."Ind Use
Henring Examiner and fïnding.s and conclusions contained therein as adopted and revised by the City Council
imrnooiately abovo, the I,akotl\ Crest preliminary plat, FE:deral Way File No, 98.103452-00 SU, is hcreby
approved, subject to conditions as contai~ in the August 10. 2004, Report and Rccorruncndalion of the
Fedoral W~y Land U$(,\ Heåring Bxamìncr (Exhibit A) as modified by findings and conclusions adopted in
Section 1 abovl;,
SOClÎon 3,...Conditions of ARPJ9~8.1 IntCAral. The conditions of approval or Ute preliminary plat arc all
integral10 cl\ch other with res~t to tho City Council finding that the public use and interest will be ser~'Cd by
the platting or subdivision of the subject property. Shoo Id allY court havïngjurisdiction over the sobjoct matter
declare any of me conditions invalid, then, in said ~vent. the proposed preHnlinaryplatapproval gl'81~tcd in this
r~lutjon shaH be deemed void, and th~ preliminalY plat shalt be remand~ to the City of Fcdecal Way
Hcari ng Examiner to rev icw tbe impac~ of the iuvalldatJoD of lU1y condition or conditions aru; oonduct such
additional proceedings as arc necessary io assure dlat the proposed plat malœs appropriat~ provisions for tho
RC)!J./I 04-426 ---Page 3
EXH'~'T D~
PAGE OF 10
, .
public health, safety, and genaral welfare and od\cr factors as required by Chapter 58.17 of the RCW and
applicable Cityordinan~c.s, rule$, and regulations, and forward such recommendation to the City Council for
further ~ion.
~cction 4. Scvetabi1i~. If any section, sentence, clause. or phrase of this resolution should bo held to
bc ¡nva! id or unconslÌllltiooal by 1\ court of competcntjurisdictioo, such il1validit)'or unconstitutiOflalily sha11
not affect the validity or constitutionalilyof any other scçtion, sentence, clause. Or phr(l$c of this resolution.
.5'.eç.t.iQn S. Ralífication. Any act consistent with the authority and prior to (he effective date of the
rœolution is hereby ratified and affirmed.
Section §'.J~f(çc\Î.~. This resolution shall be effèCtivo irnmcdiately upon passage by tho Fcd~ral
Way City Council.
RI!!iOLVHDßYnlECITYCOUNCn,OF'lHl~CITYOFFBDERAL WAY, WASHINGTON, THIS 21 DAYOP
Sc.ptcaber
, 2004.
ArmST:
AI'l'ROVHI> AS TO FORM:
~.~
C ATTORNEY, PATRICLAA. RICIIARDSON
FILED Wl'œ THE CITY CLERK: --1)jj.J!LO4
PASSUP BY'Tlm CITY CouNCIL: 09/21/04
< RESOumON No. 04-426
Red' 04-426 ...J Pegc.(
EXHIBIT D-4
PAGE , 0 OF J.!L
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'Q'~ CITY OF
,~: Federal Way
Page - 1
CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
February 1, 2005
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------~.
Ronald L. Rassilyer
30932 - 5th Place South
Federal Way, WA 98003
RE:
MING COURT - SEPA APPEAL
FWHE#OS-01 RELATED FILE NO. 00-1 02793-00-SU
Dear Applicant:
Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner
relating to the above-entitled case.
V¿¡¡ø
MARK E. HURDELBRINK
DEPUTY HEARING EXAMINER
MEHI ca
cc:
All parties of record
City of Federal Way
Ol( ~& - Œb
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EXHIBIT -L
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CITY OF FEDERAL WAY
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OFFICE OF THE HEARING EXAMINERLo-
IN THE MA TIER OF:
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FWHE#
05-01
Related File # 00-1 02793-00-SU
MING COURT - SEPA APPEAL
I. SUMMARY OF APPEAL
The responsible official issued a Mitigated Determination of Non-Significance on October
23, 2004, pursuant to the State Environmental Policy Act. Ronald L. Rassilyer appealed
that determination on November 22, 2004.
.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 18, 2005
February 1, 2005
At the hearing the following presented testimony and evidence:
1.
2.
3.
4.
5.
6.
Deb Barker, Associate Planner, City of Federal Way
De-en Lang, Proponent, 10658 Riviera Place, Seattle, WA 98125
Ron L. Rassilyer, Appellant, 30932 - 5th Place South, Federal Way, WA
Paskal G.Hite, 30936 - 5th Place South, Federal Way, WA 98003
Patricia Buchanan, 801 S. 310th Place, Federal Way, WA 98003
Harold Hartman, 30855 - 8th Ave. S., Federal Way, WA 98003
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
Staff Report with all attachments
Power Point Presentation
SEPA Environmental Appeal Power Point Presentation
1/12/05 Letter from Robert and Patricia Buchanan
Memo from Deb Barker
FWCC 20-179 Retention of Vegetation
EXHIBIT e
PAGE 2- OF ~
/-
Page - 3
7.
8.
9.
10.
Original Site Plan
Resolution #04-426 (Specifically Finding No.2)
1/17/05 Letter from Robert and Patricia Buchanan
Letter from Harold Hartman with questions and map
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" with
attachments and hereby incorporated in its entirety by this reference.
3.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4.
The underlying application requests preliminary plat approval to subdivide a 3.83
acre lot into 15 residential lots. The proposal will include developing a road
system, street improvements, utilities, storm drainage control improvements, and
other related infrastructure improvements.
5.
Pursuant to the State Environmental Policy Act, the City of Federal Way
responsible official issued a Mitigated Determination of Non-Significance on
October 23, 2004. A timely appeal was filed by Ronald L. Rassilyer on
November 22, 2004.
6.
The SEPA appeal stated "we are appealing this on the basis of flooding and
privacy concerns. There are underground springs in the northwest corner of the
lot. Also about easement." No other information was provided from the
appellant.
7.
A responsible official is required under SEPA to review proposals for the
potential for probable significant adverse environmental impacts from a
development. The responsible official reviews the environmental checklist and
supporting documents to make that threshold determination. WAC 197-11-782.
If the environmental official determines that there may be probable significant
adverse environmental impacts, then a Determination of Significance is issued.
If the responsible official does not determine that a proposal will have probable
significant adverse environmental impacts, or that these impacts can be
EXHIBIT e
PAGE ~ OF ?
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I
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Page - 4
mitigated, then a Determination of Non-Significance is issued. In this particular
case, the responsible official reviewed the environmental checklist and other
supporting documents and found that the proposal would not have probable
significant adverse environmental impacts. Therefore, a Mitigated Determination
of Non-Significance was issued.
8.
The threshold determination of the responsible official carries substantial weight
according to Federal Way City Code 18-51(d) and RCW 43.21C.075(3)(d). For
an appeal to be granted, the responsible official's decision must be shown to be
"clearly erroneous". Haden v. Port Townsend, 93 Wn. 2d 870 (1980). A decision
is "clearly erroneous" when, even when there is evidence to support the decision,
the reviewing body is left with a definitive and firm conviction that a mistake has
been committed. The burden is on the appellant to show that the environmental
official's determination is clearly erroneous.
9.
The appellant essentially stated three issues of the threshold determination that
were improperly addressed or determined. Findings on each of these issues are
hereby made as follows:
1.
Flooding
There was testimony at the hearing regarding the flooding problem that
apparently occurs both on this site and offsite. This specific issue was
addressed in the threshold determination. A condition of the MONS is a
requirement that the proposed culvert modification and lowering at
Fisher's Bog must be completed prior to initiating clearing grading on this
site. This will help with the flooding at Mirror Lake. This proposal will be
required to satisfy all requirements regarding a storm water retention and
removal which will ensure that this development will not exasperate the
problem. The underlying applicant is not required to solve the ongoing
flooding problem. The condition contained within the threshold
determination will help alleviate some of these problems. There was no
expert testimony given that would indicate that the determination on this
issue was improper.
2.
Privacy Concerns
Presumably the neighboring property owners are concerned because
there will now be houses adjacent to the property. Clearly this will effect
the privacy interests of neighboring property owners, but the property is
EXHIBIT e
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Page - 5
zoned for residential development. No buffering between these homes is
required. There are required setbacks that are satisfied by the applicant.
Therefore, there is no significant adverse environmental impact as it
relates to privacy.
3.
Easement Issue
The appellant has issues regarding how the easement that has been
granted to the applicant for utilities is going to effect neighboring property
owners. The testimony at the hearing indicated that there essentially will
be no effect of these easements on neighboring property owners. All
storm water issues will have to be handled pursuant to conditions of
approval in the underlying preliminary plat decision.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2.
The appellant has not shown that the threshold determination of the environmental
official is clearly erroneous. Any potential significant adverse effects to the
environment were analyzed and properly dealt with in the mitigated determination
of non-significance, therefore, the SEPA appeal is denied.
DECISION:
The appeal of Ronald L. Rassilyer is hereby denied.
DATED THIS 1st DAY OF February, 2005.
M:&:~K
Deputy Hearing Examiner
EXHIBIT- E
PAGE£OF ~
0 ' . .
Page - 6
TRANSMITTED THIS 1st DAY OF February, 2005, to the following:
APPELLANT:
Ronald L. Rassilyer
30932 - 5th Place South
Federal Way, WA 98003
APPLICANT:
Mr. De-En Lang
Lang Associates, Inc.
10658 Riviera Place NE
Seattle, WA 98125
ENGINEER:
Sitts & Hill Engineers, Inc.
2901 South 40th Street
Tacoma, WA 98409
OWNER:
David Ling
1937 NE 107th Street
Seattle, WA 98124
P. Gene Hite, 30936 - 5th Place South, Federal Way, WA 98003
Dick and Kathy Clare, 31104 - 6th Ave. S., Federal Way, WA 98003
Michael and Uta Tipper, 31116 - 6th Ave. S., Federal Way, WA 98003
Rob and Pat Buchanan, 801 S. 310th Place, Federal Way, WA 98003
Pearl Rhyner, 31112 - 5th Way South, Federal Way, WA 98003
Jennifer Grey, 31108 - 5th Way So, Federal Way, WA 98003
Hal Hartman, 30855 - 8th Ave. S., Federal Way, WA 98003
City of Federal Way, c/o Chris Green, P.O. Box 9718, Federal Way, WA 98063-9718
EXHIBIT é
PAGE (, OF---1:..
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Page - 7
PROCESS IV
Rights to Appeal
Decisions of the hearing Examiner may be appealed by any person who is to receive a
copy of that decision under FWCC Section 22-443.
The appeal, in the form of a letter of appeal, must be delivered to the Department of
Community Development Services within fourteen (14) calendar days after the issuance
of the Hearing Examiner's decision. The letter of appeal must contain:
2.
A statement identifying the decision being appealed, along with a copy of
the decision;
3.
A statement of the alleged errors in the Hearing Examiner's decision,
including specific factual finds and conclusions of the Hearing Examiner
disputed by the person filing the appeal; and
4.
The appellant's name, address, telephone number and fax number, and
any other information to facilitate communications with the appellant.
The person filing the appeal shall include, with the letter of appeal, the fee established
by the City of the costs of preparing a written transcript of the hearing (or in the
alternative, the appellant may prepare the transcript at his or her sole costs from tapes
of the hearing provided by the City).The appeal will not be accepted unless it is
accompanied by the required fee and cost (or agreement of the appellant to prepare the
transcript).
Appeals from the decision of the Hearing Examiner will be heard by The City Council.
The decision of City Council is the final decision of the City.
EXHIBIT e
PAGE ~ OF ~---
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF MING COURT,
FEDERAL WAY FILE NO. OO-lO2793-00-SU.
WHEREAS, owner David Ling applied to the City of Federal Way for preliminary plat approval to
subdivide certain real property known as Ming Court and consisting of 3.83 acres into fifteen (15) single-
family residential lots at South 31 Oth Street at 7th Place South located west of 8th Avenue South; and
WHEREAS, on October 23, 2004, an Environmental Mitigated Determination of Nonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and
WHEREAS, on November 22, 2004, Mr. Ronald Rassilyer appealed the SEP A Mitigated
Determination of Nonsignificance; and
WHEREAS, pursuant to Federal Way City Code Section 20-115, the SEPA appeal hearing and
preliminary plat application open record hearing shall be held simultaneously; and
WHEREAS, the Federal Way Land Use Hearing Examiner on January 18, 2005, held a public
hearing concerning the Ming Court preliminary plat and SEP A appeal; and
Whereas, following the conclusion of said hearing, on February 1, 2005, the Federal Way Land
Use Hearing Examiner issued a written Report and Recommendation containing findings and
conclusions, and recommending approval of the Ming Court preliminary plat subject to conditions set
forth therein; and
Whereas, following the conclusion of said hearing, on February 1, 2005, the Federal Way Land
Use Hearing Examiner issued a SEPA Appeal Report and Decision concluding that the appellant did not
show that the threshold determination was erroneous, that any potential significant adverse effects to the
and
environment were analyzed and properly dealt with in the MDNS, and that the SEP A appeal was denied;
DRAF.
EXHIBIT
PAGE' OF
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-
127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions;
and
WHEREAS, on February 28, 2005, the City Council Land UselTransportation Committee
considered the record and the Hearing Examiner recommendation on the Ming Court preliminary plat,
pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City
codes, and voted to forward a recommendation for approval of the proposed Ming Court preliminary plat
to the full City Council, with no changes to the Hearing Examiner recommendation; and
WHEREAS, on March 15, 2005, the City Council considered the record and the Hearing Examiner
recommendation on the Ming Court preliminary plat, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1.
The findings of fact and conclusions of the Land Use Hearing Examiner's February 1,
2005 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are
hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to
be a conclusion, and any conclusion deemed to be a finding, shall be treated as such.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision
makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are
required by City code and state law, and provides for sidewalks and other planning features to assure safe
walking conditions for students who walk to and from school.
Res. #
, Page 2
EXHIBIT ~
PAGE Z- OF --L
3.
The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the Ming Court preliminary plat, Federal Way File No. OO-IO2793-00-SU, is hereby
approved, subject to conditions as contained in the February 1,2005, Report and Recommendation of the
Federal Way Land Use Hearing Examiner (Exhibit A).
Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are
all integral to each other with respect to the City Council finding that the public use and interest will be
served by the platting or subdivision of the subject property. Should any court having jurisdiction over the
subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat
approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the
City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or
conditions and conduct such additional proceedings as are necessary to assure that the proposed plat
makes appropriate provisions for the public health, safety, and general welfare and other factors as
required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
. or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
Res. #
. Page 3
EXHIBIT f=
PAGE --'_OF ~-
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS - DAY
,2005.
OF
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED As To FORM:
CITY ATTORNEY, PATRICIAA. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED By THE CITY COUNCIL:
RESOLUTION No.
Res. #
, Page 4
EXHIBIT. F
PAGE-t-OF ~
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
To:
Jack Dovey, Chair
Land Use/Transportation Committee
VIA:
Jim Harris, Senior Plann21~'
David Moseley, City ~~
Campus Crest prelimi~ary ~ ~d Concomitant Agreement
Application No. 03-104293-00-SU and 03-104311-00-UP
FROM:
RE:
DATE:
February 22, 2005
I.
REQUESTED ACTION
The applicant requests approval of a preliminary plat application and revision of a Concomitant
Zoning Agreement.
II.
STAFF RECOMMENDATION
Staff recommends the Land Use/Transportation Committee forward to the City Council a
recommendation approving the Campus Crest preliminary plat with conditions, and approval ofthe
Campus Crest Concomitant Zoning Agreement based on the findings and conclusions in the February
8,2005 Reports and Recommendations, by the Federal Way Hearing Examiner.
III. SUMMARY OF ApPLICATIONS
The applicant requests approval of a 114-10t residential preliminary plat, as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval.
The applicant also requests to modify the terms and conditions of a 1990 Concomitant Zoning
Agreement as amended, applicable to the 22.4-acre Campus Crest site. The current Concomitant
Zoning Agreement allows only townhome/condominium development on the site. The proposed
concomitant agreement amendment would allow the subject property to be developed with a single-
family residential plat. In addition, the applicant requests to modify the terms of the 1990 agreement
in regard to the status of the building permit application, landscape standards abutting single-family
zoning, building setbacks along Campus Drive, required improvements to Campus Drive, building
height, maximum density of233 units, phased construction, and loth Avenue corridor dedication and
improvement.
IV. REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision on the
preliminary plat application at a public meeting, after review of the Hearing Examiner's
recommendation. Consistent with City procedures, preliminary plat applications are brought to the
Land Use/Transportation Committee for review and recommendation prior to review by the full
Council.
Pursuant to Section 8 of the 1990 Concomitant Agreement and Section 22-488 et al of FWCC, the
City Council issues a final decision on the Concomitant Zoning Agreement at a public meeting, after
review ofthe Hearing Examiner's recommendation. The concomitant agreement as proposed allows
the subject property to be developed in conformance with the proposed preliminary plat application.
V.
HEARING EXAMINER'S RECOMMENDATIONS
On February 8, 2005, the Federal Way Hearing Examiner issued a Report and Recommendation
(Exhibit A) to approve the proposed preliminary plat. The Examiner also issued a Report and
Recommendation on February 8, 2005, to approve the Concomitant Zoning Agreement for the subject
property (Exhibit B). The Hearing Examiner's recommendations include all conditions recommended
by staff. The Examiner's recommendations on the preliminary plat and concomitant agreement were
issued following consideration of a staff report for the preliminary plat (Exhibit C), and staff report
for the concomitant agreement (Exhibit D), and testimony presented at the January 25, 2005 public
hearing. The Hearing Examiner has recommended approval of the concomitant agreement and
approval of the preliminary plat, subject to the following conditions:
1.
2.
The Campus Crest preliminary plat shall not be deemed approved unless the proposed Campus
Crest Concomitant Agreement is concurrently approved, and allows the site to be developed
with single-family housing.
Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised
landscape plan that includes the following landscaping to be approved by the City:
a.
Arterial buffer landscaping in Tracts F and G per FWCC Section 20-178 and in compliance
with the accompanying concomitant agreement. In order to insure the long-term viability
and maintenance ofthe landscape screen in Tracts F and G, irrigation of these landscape
areas is required. The applicant shall coordinate the landscape plan in Tract F and G with
Lakehaven Utility District, and provide written approval of the plan from Lakehaven in
respect to potential conflict with Lakehaven Utilities located within these tracts;
b.
Landscaping adjacent to retaining walls in Tracts F, G, and H shall be an appropriate type,
size, and density to provide visual separation and screening of the walls, and provide a
visual enhancement to the site;
c.
Street trees in right-of-way landscape planter strips per Public Works Department
Standards;
d.
Landscaping of Tract M adjacent to Road B shall be planted with Type III landscaping
including trees, shrubs, and groundcover, to provide a visual separation between the public
right-of-way and the proposed stormwater facilities. This landscape tract shall be owned
and maintained by the homeowners' association. If cyclone fencing is used around the
storm drainage ponds, the fencing shall be coated black or green;
e. Significant tree replacement in accordance with FWCC requirements.
Campus Crest Preliminary Plat and Concomitant Agreement File #03-104293 / Doc. LD. 30329
Land Use/Transportation Committee Memo Page 2
3.
Prior to approval of engineering construction plans, the applicant shall provide the City a
significant tree survey based on an acceptable statistical forestry sampling methodology to
accurately detennine the number of significant trees on the site. The applicant shall also provide
a significant tree replacement plan, to replace at least 25 percent of the significant trees removed
from the site. Pursuant to FWCC Section 20-186, areas of the plat where significant trees are
removed for subdivision improvements (infrastructure) are not subject to significant tree
replacement. The significant tree replacement plan shall be approved by the Department of
Community Development Services prior to engineering plan approval. The replacement trees
shall be planted by the applicant and inspected by the Department of Community Development
Services prior to final plat approval.
4.
Design and construction of the project shall comply with all requirements and recommendations
of the project geotechnical engineer.
5.
Prior to final plat approval, the applicant shall provide a paved trail connecting Tract D to the
adjacent BP A Trail. The plan for the trail connection shall be reviewed and approved by the
Public Works and PARCS Departments in conjunction with engineering plan review.
6.
On the final plat map, Tract M shall be revised to include any proposed retaining walls within
the south side of Tract H. The retaining walls, if included in the plat construction, shall be
owned and maintained by the future homeowners' association.
7.
Prior to approval of construction plans, the applicant shall provide written correspondence from
the Federal Way Public School District regarding the Districts' commitment to eliminating an
existing easement on the site. Prior to final plat approval, the applicant shall document to the
City that the existing school district easement has been extinguished.
8.
If included in the final engineering design, retaining walls and rockeries on individual lots shall
be harmonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation
screening, and textural treatment to be designed by the applicant and approved by the
Community Development Services Department.
Due to the proximity to Campus Drive and the potential aesthetic impact from large untreated
walls, retaining walls shall be a maximum height of four feet within Tract G, and a maximum
height of nine feet of exposed surface above grade in Tract M. Any walls in Tract M shall
include but are not limited to the following design features: horizontal and vertical undulation,
terracing with a minimum width of six feet between terraces to allow a safe area for
maintenance; landscape screening; and wall texturing.
9.
Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus
stop shelter footing and bus stop landing in accordance with King County Metro standards for
the site frontage along SW Campus Drive. Prior to construction, the applicant shall provide
approval of the landing design and location from Metro. Due to other development in the area of
the site, Metro may detennine the site frontage is not the appropriate location for a future bus
stop, and these improvements would not be required if so detennined by Metro.
10. Improvements for the project include the off-site connection of Road D to the 10th Avenue SW
stub in Campus Highlands. Design and construction of the extension shall meet applicable City
standards and be reviewed by Bonneville Power Administration. The design and construction of
10th Avenue SW shall include a raised crossing per City standards at the BP A Trail for safety
purposes.
File #03-104293 / Doc. I.D. 30329
Page 3
Campus Crest Preliminary Plat and Concomitant Agreement
Land Use/Transportation Committee Memo
11. On the final plat map, roadway "D" and a portion of road "C", from the existing terminus of 1 oth
Avenue SW in Campus Highlands extending to the point where Road D (and portion of Road C)
connects to 12th Avenue SW, shall be revised to be a 56-foot wide right-of-way, with a 36-foot
paved roadway, and two-foot utility easements on either side (Roadway Section'S' - Minor
Collector). The street connection to 12th Avenue SW shall be as shown on the plans, or modified
to connect at 12th Avenue SWat SW 343rd Place. Final road alignment will be determined
during engineering plan review.
Tracts A and B, as shown on the plans, may be eliminated or revised upon final road alignment.
VI. PROCEDURAL SUMMARY
September 18, 2003
November 7, 2003
November 15,2003
Date of application for 114-10t Campus Crest preliminary plat and
Concomitant Agreement
Date application determined complete
January 25, 2005
September 29,2004 Environmental determination issued
Public notice of application issued
February 8, 2005
February 28, 2005
VII. DECISIONAL CRITERIA
Hearing Examiner Public Hearing
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
Hearing Examiner issues recommendation of conditional approval of
preliminary plat and approval of Concomitant Zoning Agreement to
the City Council
City Council Land Use/Transportation Committee meeting
(This committee forwards a recommendation to the full Council for a decision
at a public meeting [see Section VIII, below].)
The decisional criteria for the preliminary plat is set forth in FWCC Section 20-127, and findings and
conclusions that the application is consistent with these decisional criteria are set forth in the Hearing
Examiner's report and recommendation.
The decisional criteria for the concomitant agreement is set forth in FWCC Section 22-489, and
findings and conclusions that the application is consistent with these decisional criteria are set forth in
the Hearing Examiner's report and recommendation.
VIII. COUNCIL OPTIONS
The Federal Way City Council's review of the application is limited to the record of the hearing
before the Hearing Examiner, oral comments received during the public meeting (so long as those
comments do not raise new issues or information contained in the Examiner's record), and the
Examiner's written report. The City Council may receive new information not in the record pursuant
to FWCC Sections 20-127(b) and 22-489(c).
Campus Crest Preliminary Plat and Concomitant Agreement
Land Useffransportation Committee Memo
File #03-104293 / Doc. lD. 30329
Page 4
A draft resolution recommending approval of the proposed Concomitant Zoning Agreement and
preliminary plat application as recommended by the Hearing Examiner is enclosed (Exhibit E). After
consideration of the record, the City Council may, by action approved by a majority of the total
membership, take one of the following actions, pursuant to FWCC Section 20-127 and 22-489(c):
1.
Adopt the Hearing Examiner's recommendations and approve the Concomitant Zoning
Agreement and preliminary plat; or
2.
Reject the recommendation and deny the Concomitant Zoning Agreement and
preliminary plat; or
3.
Remand the preliminary plat and Concomitant Zoning Agreement back to the Hearing
Examiner pursuant to FWCC Section 20-127(b); or
4.
Adopt their own recommendations approving the Concomitant Zoning Agreement and
require or approve a minor modification to the preliminary plat pursuant to FWCC
Section 20-127(d).
IX. COMMITTEE RECOMMENDATION
Forward option - to the full City Council for approval on March 15,2005.
APPROVAL OF COMMITTEE REPORT
Jack Dovey, Chair
Michael Park, Member
Eric Faison, Member.
EXHIBITS
A.
B.
C.
D.
Hearing Examiner Preliminary Plat Report and Recommendation, February 8, 2005
Hearing Examiner Concomitant Agreement Report and Recommendation, February 8, 2005
Campus Crest Preliminary Plat Staff Report to Hearing Examiner, January 17, 2005*
Campus Crest (Parcel 7) Concomitant Agreement Staff Report to Hearing Examiner, January 17,
2005*
City Council Draft Resolution for Campus Crest Preliminary Plat and Concomitant Agreement
Approval
Concomitant Agreement for Development of Campus Crest Property (Parcel 7)
Preliminary Plat Maps for Campus Crest
E.
F.
G.
* Copies of all exhibits to the staff reports are not attached to this memo. A copy of these exhibits is in a
notebook in the City Council Conference Room or is available from City staff.
Campus Crest Preliminary Plat and Concomitant Agreement
Land Useffransportation Committee Memo
File #03-104293 / Doc. I.D. 30329
Page 5
~ CITY OF
"{'~< Federal Way
Page - 1
CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
February 8/ 2005
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Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
RE:
CAMPUS CREST PRELIMINARY PLAT
FWHE#OS-02 RELATED FILE NO. 03-1 04293-00-SU
Dear Applicant:
Enclosed please find the Report and Recommendation of the City of Federal Way Hearing
Examiner relating to the above-entitled case.
Very truly yours,
~/U¡
MARK E. HURDELBRINK
DEPUTY HEARING EXAMINER
MEH/ca
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All parties of record
City of Federal Way
EXHIBIT A
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CITY OF FEDERAL WAY
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CAMPUS CREST PRELIMINARY PLAT
OFFICE OF THE HEARING EXAMINERL____--_---:: - .
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FWHE# 05-02
FW# 03-1 04293-00-SU
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval of a 114 lot residential subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and
requiring approval pursuant to FWCC 20-100.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 25, 2005
February 8, 2005
At the hearing the following presented testimony and evidence:
1.
2.
Jim Harris, Senior Planner, City of Federal Way
Katherine Omi, Triad Associates 11814 - 115th Avenue NE, Kirkland, WA
98034
At the hearing the following exhibits were admitted as part of the official record of these
proceedings: .
1.
2.
Staff Report with all attachments
Power Point Presentation (hard copy)
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
EXHIBIT --EL-
PAGE-.LOF -LL
Page - 3
policies and provisions in this matter and is hereby marked as Exhibit "1" with
attachments and hereby incorporated in its entirety by this reference.
3.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4.
The applicant has a possessory ownership interest in a triangular, unimproved,
22.4 acre site consisting of two parcels within the southcentral portion of the City
of Federal Way. SW Campus Drive abuts the north property line and previously
approved subdivisions the west property line. The Bonneville Power
Administration (BPA) transmission line easement abuts the southeast property
line which serves as the hypotenuse of the triangle. The applicant requests
preliminary plat approval to allow subdivision of the site into 114 single family
residential lots. In addition to preliminary plat approval, the applicant requests an
amendment to the concomitant zoning agreement dated February 27, 1990,
which covers the site.
5.
The preliminary plat map shows access provided onto SW Campus Drive near
the center of the north property line and a second access extending southeast
from the southwest corner of the plat, crossing the BP A easement, and
connecting with 10th Avenue SW in the Campus Highlands Division II
subdivision. A third access extends west near the center of the west property line
and intersects with an off-site, internal plat road. Roads circulate through the site
to provide access to all lots, and four recreational tracts are spread throughout
the site. The subdivision will also provide a connection to the trail within the BPA
easement.
6.
The site is located within the Residential Multi-Family (RM 3,600) zone
classification of the Federal Way City Code (FWCC). The RM 3,600 classification
authorizes minimum lot areas of 3,600 square feet subject to a concomitant
agreement. The applicant proposes a minimum 5,000 square foot lot size which
exceeds the minimum authorized by the RM 3,600 classification. Abutting uses
include single family and multi-family development located in the RM 2,400 and
RS 7.2 zone classifications.
7.
Lot sizes range between 5,000 square feet and 9,212 square feet and most are
of rectangular shape. All lots provide a reasonable building envelope considering
setbacks.
8.
Chapter 20 FWCC requires dedication of 15% of the project site as open space.
EXHIBIT A
PAGE-3-0F JL
Page - 4
However, Section 20-155(b) authorizes the applicant to propose and the City
PARCS Director to receive a fee in lieu of payment for the portion of the 15% not
provided. The plat provides approximately 3.9% usable and buffer open space,
and thus the applicant must pay an open space fee in the amount of
- approximately 11.1 % of the gross land value. The PARCS Director has agreed-
to accept such payment in lieu.
9.
The applicant has requested to clear and grade the entire 22 acre site to include
all proposed lots in conjunction with grading of infrastructure. The applicant has
justified the request due to the unique topography of the site, the design of the
streets generally parallel to the contours of the site, the ability to reduce erosion,
and the ability to preserve only minimal amounts of vegetation in a phased
grading plan. Due to the topography, the grading plan shows retaining walls on
three sides of the stormwater drainage facility (Tract H) located adjacent to SW
Campus Drive. Retaining walls extend to 20 feet in height and the applicant will
construct such walls in a manner to minimize potential aesthetic impacts. The
applicant proposes to undulate and terrace the walls, treat the walls
architecturally, and provide landscaping. Retaining walls in Tract G will consists
of smaller walls in accordance with a conceptual pond landscape plan approved
by the City.
10.
The applicant commissioned the Transpo Group, a qualified traffic engineering
firm, to prepare a Traffic Impact Analysis (TIA) to assess impacts of subdivision
traffic on city streets and intersections. The City's Traffic Division reviewed and
accepted the July, 2004, revised TIA which proposes three accesses, a looped
interior street network, and one permanent cul-de-sac. The applicant will design
and construct all street improvements in accordance with FWCC standards. The
applicant must improve the frontage of 12th Avenue SW along the west property
line to City Standard Cross M Section which includes a six foot wide landscape
strip with street trees and streetlights, an eight foot wide sidewalk, and three foot
wide utility strip. The applicant must dedicate 14 feet of right-of-way to complete
these improvements. As previously found, Campus Drive abuts the north
property line and the City classifies said road as a principal arterial.
Improvements to Campus Drive will include additional asphalt paving to create a
64 foot wide, paved roadway, concrete curbs and gutters, six foot planter strip
with trees and streetlights, eight foot sidewalk, and three foot utility strip.
Roadway tapers and transitions at each end will assure safe transition between
. the existing roadway width and proposed improvements. Said improvements will
require a dedication of seven feet for the Campus Drive right-of-way. Road "0"
which will connect to 10th Avenue SW in Campus Highlands will meet the Minor
EXHIBIT A
PAGE.lOF ----'L
Page - 5
11.
12.
13.
14.
15.
Collector Street Section which includes 36 feet of pavement with vertical curb
and gutter, four foot planter strips with street trees, five foot sidewalks, and one
foot utility strips within a 56 foot wide, dedicated right-of-way. The internal plat
roads will meet the Local Street Section to include 28 feet of pavement with
vertical curb and gutter, four foot planter strips with street trees, five foot
sidewalks, and three foot utility strips with streetlights within a 52 foot wide right-
of-way. Private access tracts will consist of 24 feet of pavement, five foot wide
sidewalks, and two foot utility strips.
The applicant will also provide off-site mitigation in accordance with mitigating
measures set forth in the MONS. The applicant will make a pro rata payment of
$202,301 for improvements to the intersection of Campus Drive and 10th Avenue
SW. Metro Transit has not has yet determined the necessity of improvements on
Campus Drive.
The site is located within the boundaries of the Federal Way School District
which has determined that school aged children residing in the plat will attend
Sherwood Forest Elementary, Saghlie Junior High, and Decatur High School.
Students will walk to the elementary and junior high school, but will ride school
buses to Decatur High School. The applicant must comply with the City School
Impact Fee Ordinance and make a payment of $2,868 per lot plus a $143.50
administrative fee per lot.
The Lakehaven Utility District will provide potable water and fire flow to the site
and sanitary sewer service to each lot.
The applicant will design all storm drainage facilities in accordance with the
criteria set forth in the 1998 King County Surfacewater Design Manual and the
City's amendments thereto. The applicant must install Level 1 flow control and
resource stream water quality treatment in accordance with the manual. The site
lies within the Panther Lake drainage basin and the applicant may provide either
on-site flow control to the Level 1 flow control standard or pay for off-site
detention in Panther Lake. The applicant has preliminarily chosen to pay for off-
site detention. The storm drainage plans show a two facility treatment train to
provide water quality treatment in accordance with the resource stream
protection requirement. During construction the applicant will provide erosion and
sediment control measures and may be limited to grading and clearing during the
winter months.
According to a geotechnical engineering investigation performed by Krazan and
EXHIBIT A
PAGE -r OF.i2-
Page - 6
Associates, Inc., the soils are capable of supporting urban development and
have a slow to medium runoff rate and moderate erosion hazard. Vegetation on
the site consists of heavy second growth forest with a mixture of conifer and
broadleaf deciduous trees and dense understory of native shrubs. The applicant
retained Triad Associates to prepare a tree retention plan. Said plan identifies a
total of 1,707 significant trees. Section 20-179 FWCC requires the retention of
natural vegetation on the site except that removed for improvements or grading.
The applicant has requested to remove all trees on the site and must therefore
meet the significant tree removal and replacement criteria. No wetlands exist on
the site.
Prior to obtaining preliminary plat approval the applicant must establish that the
request satisfies the criteria set forth in Section 20-126(c)FWCC. Findings on
each criteria are hereby made as follows:
16.
A.
The project is consistent with the 2002 Federal Way Comprehensive Plan
which designates the property for multi-family development. The proposed
single family land use meets the minimum lot sizes required in the
applicable multi-family zone classification.
B.
The project is consistent with all applicable provisions of the FWCC
including those adopted by reference from the comprehensive plan. The
preliminary plat must comply with the provisions of FWCC Chapter 18
Environmental Policy; Chapter 20 Subdivisions; Chapter 22 Zoning; and
all other applicable codes and regulations. The proposed preliminary plat
will meet the requirements of the proposed concomitant agreement for the
site, but does not meet the requirements of the effective 1990 agreement.
Therefore, for the plat to proceed the City must approve the revised
concomitant agreement.
C.
The project is consistent with the public health, safety, and welfare. All
public facilities and services are available to serve the site and all
infrastructure will meet City standards.
D.
The proposed preliminary plat complies with the design criteria listed in
Section 20-2 FWCC. The plat provides an effective use of the land,
promotes safe and convenient travel on streets, and provides for housing
needs of the community.
E.
As previously found, the project complies with the development standards
EXHIBIT A
PAGE~OF -'L
Page - 7
listed in Sections 20-151-157 and Sections 158-187 FWCC.
IV. CONCLUSIONS
_From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2.
The applicant has established that the proposed preliminary plat makes appropriate
provision for the public health, safety, and general welfare for open spaces,
drainage ways, streets, roads, alleys, other public ways, sanitary waste, potable
water supplies, transit stops, schools and school grounds, parks and recreation and
playgrounds, and safe walking conditions.
3.
The applicant has also shown that the preliminary plat satisfies all criteria set forth
in Section 20-126(C) FWCC and therefore should be approved subject to the
following conditions:
1.
The Campus Crest preliminary plat shall not be deemed approved unless
the proposed Campus Crest Concomitant Agreement is concurrently
approved, and allows the site to be developed with single-family housing.
2.
Prior to proceeding with plat infrastructure construction, the applicant shall
provide a revised landscape plan that includes the following landscaping
to be approved by the City:
a.
Arterial buffer landscaping in Tracts F and G per FWCC Section
20-178 and in compliance with the accompanying Concomitant
Agreement. In order to insure the long-term viability and
maintenance of the landscape screen in Tracts F and G, irrigation
of these landscape areas is required. The applicant shall
coordinate the landscape plan in Tract F and G with lakehaven
Utility District, and provide written approval of the plan from
lakehaven in respect to potential conflict with lakehaven Utilities
located within these tracts;
b.
landscaping adjacent to retaining walls in Tracts F, G, and H shall
be an appropriate type, size, and density to provide visual
separation and screening of the walls, and provide a visual
EXHIBIT f4
PAGE -+_OF -1L
Page - 8
enhancement to the site;
c.
Street trees in right-of-way landscape planter strips per Public
Works Department Standards;
d.
Landscaping of Tract M adjacent to Road B shall be planted with
Type III landscaping including trees, shrubs, and groundcover, to
provide a visual separation between the public right-of-way and the
proposed stormwater facilities. This landscape tract shall be owned
and maintained by the homeowners' association. If cyclone fencing
is used around the storm drainage ponds, the fencing shall be
coated black or green;
e.
Significant tree replacement in accordance with FWCC
requirements.
3.
Prior to approval of engineering construction plans, the applicant shall
provide the City a significant tree survey based on an acceptable
statistical forestry sampling methodology to accurately determine the
number of significant trees on the site. The applicant shall also provide a
significant tree replacement plan, to replace at least 25 percent of the
significant trees removed from the site. Pursuant to FWCC Section 20-
186, areas of the plat where significant trees are removed for subdivision
improvements (infrastructure) are not subject to significant tree
replacement. The significant tree replacement plan shall be approved by
the Department of Community Development Services prior to engineering
plan approval. The replacement trees shall be planted by the applicant
and inspected by the Department of Community Development Services
prior to final plat approval.
4.
Design and construction of the project shall comply with all requirements
and recommendations of the project geotechnical engineer.
5.
Prior to final plat approval, the applicant shall provide a paved trail
connecting Tract D to the adjacent BPA Trail. The plan for the trail
connection shall be reviewed and approved by the Public Works and
PARCS Departments in conjunction with engineering plan review.
6.
On the final plat map, Tract M shall be revised to include any proposed
retaining walls within the south side of Tract H. The retaining walls, if
EXH I B IT --A-
PAGEJ.-OF -D--
Page - 9
included in the plat construction, shall be owned and maintained by the
future homeowners' association.
7.
Prior to approval of construction plans, the applicant shall provide written
correspondence from the Federal Way Public School District regarding
the Districts' commitment to eliminating an existing easement on the site.
Prior to final plat approval, the applicant shall document to the City that
the existing school district easement has been extinguished.
8.
If included in the final engineering design, retaining walls and rockeries on
individual lots shall be harmonious with the residential use of the site and
shall promote residential design themes through such means as terracing,
orientation, natural material selection, use of vegetation screening, and
textural treatment to be designed by the applicant and approved by the
Community Development Services Department.
Due to the proximity to Campus Drive and the potential aesthetic impact
from large untreated walls, retaining walls shall be a maximum height of
four feet within Tract G, and a maximum height of nine feet of exposed
surface above grade in Tract M. Any walls in Tract M shall include but are
not limited to the following design features: horizontal and vertical
undulation, terracing with a minimum width of six feet between terraces to
allow a safe area for maintenance; landscape screening; and wall
texturing.
9.
Prior to final plat approval, as required by Metro, the applicant shall design
and construct a bus stop shelter footing and bus stop landing in
accordance with King County Metro standards for the site frontage along
SW Campus Drive. Prior to construction, the applicant shall provide
approval of the landing design and location from Metro. Due to other
development in the area of the site, Metro may determine the site frontage
is not the appropriate location for a future bus stop, and these
improvements would not be required if so determined by Metro.
10.
Improvements for the project include the off-site connection of Road D to
the 10th Avenue SW stub in Campus Highlands. Design and construction
of the extension shall meet applicable City standards and be reviewed by
Bonneville Power Administration. The design and construction of 10th
Avenue SW shall include a raised crossing per City standards at the BPA
Trail for safety purposes.
EXHIBIT A
PAGE CLOF ~-
. .
Page - 10
11.
On the final plat map, roadway "0" and a portion of road "C", from the
existing terminus of 1 Oth Avenue SW in Campus Highlands extending to
the point where Road 0 (and portion of Road C) connects to 12th Avenue
SW, shall be revised to be a 56-foot wide right-of-way, with a 36-foot
paved roadway, and two-foot utility easements on either side (Roadway
Section'S' - Minor Collector). The street connection to 12th Avenue SW
shall be as shown on the plans, or modified to connect at 12th Avenue SW
at SW 343rd Place. Final road alignment will be determined during
engineering plan review.
Tracts A and 8, as shown on the plans, may be eliminated or revised upon
final road alignment.
RECOMMENDA TION:
It is hereby recommended to the Federal Way City Council that the preliminary plat
Campus Crest be approved subject to the conditions contained in the conclusions
above.
DATED THIS 8th DAY OF February, 2005.
..1JZ-1~
MARK E. HURDELBRINK
Deputy Hearing Examiner
TRANSMITTED THIS 8th DAY OF February, 2005, to the following:
APPLICANT:
Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
ENGINEER:
Mr. Roy Lewis, P.E.
Triad Associates
11814 - 1151h Avenue NE
Kirkland, WA 98034-6923
EXHIBIT A
P AGE ----1IL 0 F -L2-
Page - 11
OWNER:
Klak Federal Way LLC
500 Shokie Blvd. #444
North Brook, IL 60062
OTHERS:
Kevin L. Jones, P.E.
11730 - 118th Avenue NE, Ste. 600
Kirkland, WA 98034
Rich Stohr
Centex Homes
11241 Slater Avenue NE #100
Kirkland, WA 98033
Katherine ami
11814 -115th Avenue NE
Kirkland, WA 98034
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
EXHIBIT A
PAGE-"--OF --1L-
. . .. .
Page - 12
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of the
hearing before the hearing examiner, oral comments received during the public meeting (so
long as those comments do not raise new issues or information not contained in the examiner's
record) and the hearing examiner's written report. These materials shall be reviewed for
compliance with decisional criteria set forth in section 20-126. The city council may receive
new evidence or information not contained in the record of hearing before the hearing
examiner, but only if that evidence or information: (i) relates to the validity of the hearing
examiner's decision at the time it was made and the party offering the new evidence did not
know and was under no duty to discover or could not reasonably have discovered the evidence
until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or
omitted the evidence from the record. If the city council concludes, based on a challenge to the
hearing examiner recommendation or its own review of the recommendation, that the record
compiled by the hearing examiner is incomplete or not adequate to allow the city council to
make a decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary findings
and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the preliminary plat is
necessary, the city council shall adopt its own recommendations and approve or disapprove the
preliminary plat.
As part of the final review, the city council may require or approve a minor modification to the
preliminary plat if:
(d)
The change will not have the effect of increasing the residential density of the plat;
The change will not result in the relocation of any access point to an exterior street from
the plat;
The change will not result in any loss of open space or buffering provided in the plat;
and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter the
project. .
(a)
(b)
(c)
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CITY HALL
33325 8th Avenue South. PO Box 9718
FederalVVay, VVA 98063-9718
(253) 835-7000
www.cityoffederalway.com
~ í=;;deral Way
February 8,-2005
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Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
RE:
CONCOMITANT AGREEMENT FOR CAMPUS CREST FWHE #05-02, FILE NO.
03-104311-00-UP
Dear Applicant:
Enclosed please find the Report and Recommendation of the City of Federal Way Hearing
Examiner relating to the above-entitled case.
Very truly yours,
'lkØ
MARK E. HURDELBRINK
DEPUTY HEARING EXAMINER
MEH/ ca
cc:
All parties of record
City of Federal Way
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CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
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FWHE# 05-02
FW# 03-104311-00-UP
CAMPUS CREST CONCOMITANT
AGREEMENT
I. SUMMARY OF APPLICATION
The applicant is requesting modification of a February 27, 1990, Concomitant
Zoning Agreement (CZA) as amended by City Council resolution 93-144. The CZA as
amends pertains to a 22-acre parcel located at approximately the 700 block of SW Campus
Drive. Pursuant to Section 8 of the 1990 agreement, amendment of the existing
agreement shall be processed in the same manner as a rezone of property.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 25, 2005
February 8, 2005
At the hearing the following presented testimony and evidence:
1.
2.
Jim Harris, Senior Planner, City of Federal Way
Katherine Omi, Triad Associates 11814 -115th Avenue NE, Kirkland, WA
98034
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
Staff Report with all attachments
Power Point Presentation (hard copy)
III. FINDINGS
1.
On February 27, 1990, the City of Federal Way, Polygon 2000, Inc., and the
EX.HIBtT ~
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Quadrant Corporation entered into a concomitant agreement establishing the
zoning and methods of resolving potential disagreements with respect to vesting
rights as well as the applicability of King County or City of Federal Way regulations
with regard to two parcels of property presently owned by the applicant. In 1993 the
parties agreed to amend the concomitant agreement which the City Council formerly
adopted in Resolution No. 93-144 on June 15, 1993. The City Council again
amended the concomitant agreement in 1997 by approving a golf driving range on
the subject site. However, such improvement was never constructed and the
agreement permitting the driving range expired. Therefore, the property was once
again subject to the original 1990 agreement as amended in 1993.
On April 21, 2004, the applicant submitted a written request to amend the
1990/1993 concomitant agreement which to development of the site with single
family residential homes. Changes to the agreement include elimination of a
provision requiring development of the site exclusively with townhomel
condominium type units sold in a condominium format and replacement with a
provision allowing single family residential homes. Other changes proposed include
the following:
2.
A.
Elimination of the reference to a 1989 building permit application filed with
King County.
B.
Elimination of the required 60 foot wide landscape buffer and solid board
fence adjacent to single family housing.
C.
Reduction of the 60 foot wide building setback requirement along Campus
Drive with a buffer which averages 45 feet in width.
D.
Dedication of seven feet of right-of-way for Campus Drive and specifications
for its construction.
E.
Elimination of the maximum 30 foot building height as the Federal Way City
Code (FWCC) regulates heights of structures.
F.
Replace the maximum density of 233 units on the 22.4 acre site with a
maximum of 114 single family tots.
G.
Eliminate the provision requiring phased construction of no more than 100
units per year.
EXHIBIT ---IL-
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H.
Clarify the dedication, funding, and construction standards for 10th/12th
Avenue SW.
3.
Section 8 of the 1990 concomitant agreement provides in part:
This agreement may be amended by the Owners by filing an
application therefore, which shall be considered and heard in the
same manner as a rezone of property....
Article 8 FWCC provides that quasi-judicial rezones require Process V review.
Section 22-476 FWCC provides that under Process V review the Examiner holds
a public hearing and then makes a recommendation to the Federal Way City
Council which then decides upon the application. Section 22-488(c) FWCC sets
forth the decisional criteria for quasi-judicial rezones. Findings on each criteria
are hereby made as follows:
1A.
1B.
1C.
10.
The proposed amendments to the concomitant agreement are in the best
interest of the residents of the City. The site will develop in accordance
with all applicable City codes and regulations and will provide a range of
housing opportunities to include smaller lot single family as opposed to
the required townhome condominiums. Such will assist the City in meeting
its density requirements under the Growth Management Act based upon
the market for single family homes.
Changes to the concomitant agreement are appropriate because site
conditions in the vicinity have changed since the adoption of the original
agreement in 1990. The City of Federal Way developed the adjacent BPA
corridor with a multi-use, public trail and the Federal Way School District
constructed Saghlie Middle School on 16 acres near the subject property.
Included within the 16 acres is a City public park known as Saghlie Park.
The construction of the park and school have resulted in new roads and
traffic circulation changes.
The agreement is consistent with the Federal Way Comprehensive Plan
which designates the site for both single family and multi-family
development, and also encourages the extension of the 10th/12th Avenue
corridor.
The amendment complies with all applicable provisions including those
adopted by reference from the comprehensive plan. The City's
EXHIBIT --8-
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1E.
2A.
28.
2C.
2D.
2E.
Community Development Review Committee has reviewed the proposal
and determined that the revised agreement and associated preliminary
plat will comply with all applicable codes and regulations.
Approval of the amendment will further the public health, safety, and
welfare as it will allow for new single family housing opportunities.
Furthermore, the amendment will allow construction of infrastructure
which will benefit the City as a whole.
As previously found, all the criteria set forth in Subsection 1 are met.
The proposed project complies with Chapter 22 FWCC as set forth above.
The site plan consists of the proposed preliminary plat which covers the
parcel. The plat is designed to minimize all adverse impacts on developed
properties in the vicinity of the site. The preliminary plat proposes lot
sizes in excess of the minimum authorized by the RM 3,600 zone
classification and consistent with other development in the area. The
preliminary plat also provides mitigation for traffic impacts, erosion
impacts, and off-site transportation impacts.
Development of the preliminary plat will not adversely impact public
services and facilities. The lakehaven Utility District has issued water and
sewer availability letters for the project. Furthermore, development of the
site as presently allowed would authorize a significantly higher density.
The amendment will reduce the density from 233 potential units to a
maximum of 114 units.
The rezone has merit and value for the community as a whole based upon
the provision of single family residential housing options and the
completion of the 1 01h/12th st. corridor.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2.
The applicant has established that the request to amend the concomitant zoning
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agreement relating to properties known as the Campus Highlands Townhome
property satisfies all criteria set forth in Section 22-488 FWCC and therefore should
be approved.
RECOMMENDATION:
It is hereby recommended that the City of Federal Way City Council approve the
proposed amendment to the concomitant agreement for the Campus Highland
Townhome property.
DATED THIS 8th DAY OF February, 2005.
MA~~
Deputy Hearing Examiner
TRANSMITTED THIS 8th DAY OF February, 2005, to the following:
APPLICANT:
Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
OTHERS:
Mr. Roy Lewis, P.E.
Triad Associates
11814 -115111 Avenue NE
Kirkland, WA 98034-6923
Klak Federal Way LLC
500 Shokie Blvd. #444
North Brook, IL 60062
Kevin L. Jones, P. E.
11730 -118111 Avenue NE, Ste. 600
Kirkland, WA 98034
Rich Stohr
EXHIBIT ~
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Centex Homes
11241 Slater Avenue NE #100
Kirkland, WA 98033
Katherine Omi
11814 - 115th Avenue NE
Kirkland, WA 98034
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
EXHIBIT 8
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CITY COUNCIL REVIEW, ACTION
Pursuant to Section 22-488, following receipt of the final report and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city council.
The city council review ofthe application shall be limited to the record of the hearing before the
hearing examiner, oral comments received during the public meeting (so long as those
comments do not raise new issues or information not contained in the examiner's record) and
the hearing examiner's written report. These materials shall be reviewed for compliance with
decisional criteria set forth in section 20-125. The city council may receive new evidence or
information not contained in the record of hearing before the hearing examiner, but only if that
evidence or information: (i) relates to the validity of the hearing examiner's decision at the time
it was made and the party offering the new evidence did not know and was under no duty to
discover or could not reasonably have discovered the evidence until after the hearing
examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence
from the record. If the city council concludes, based on a challenge to the hearing examiner
recommendation or its own review of the recommendation, that the record compiled by the
hearing examiner is incomplete or not adequate to allow the city council to make a decision on
the application, the city council may by motion remand the matter to the hearing examiner with
the direction to reopen the hearing and provide supplementary findings and/or conclusions on
the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the rezone is necessary,
the city council shall adopt its own recommendations and approve or disapprove the rezone.
As part of the final review, the city council may require or approve a minor modification to the
application.
EXHIBIT ---11-
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~
CITY OF ~
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
Campus Crest Preliminary Plat
Federal Way File No. 03-104293-00-SU
PUBLIC HEARING - January 25, 2005
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33325 8th AVENUE SOUTH
Table of Contents
I. General Infonnation.. """"""'" ...... ..... .... """""" ...............,........ """"""""""'" ........ ..........2
ll. Consulted Departments, Agencies, and Public ....................................................................3
ill. State Environmental Policy Act...........................................................................................4
IV. Natural Environment............... ............... ....."... """"""""""""""'" .... .......... .......................4
V. Neighborhood Characteristics .......... """""""""""""""" """""""" ....................................5
VI. General Design.................................. """"""""""""""'" ............... .....................................5
Vll. Transportation...... ............. """ ......... .... .......................... "'" .".... .....".. ............. .......... ..........7
Vli. Public Services...... """""" """""'" """""""""""""""""'" ................." ................ ..............9
IX. Utilities... ..... "" """"""'" ... "" ....... .......... ........ ..... """""'" ........ ........ """"" ... ""'" ......... .... ...9
X. Analysis of Decisional Criteria """"""""""""""""""""'" .......................... """"""""'" ..1 0
XI. Findings of Fact and Conclusions ........... """""""""""'" ..".... ....". .............. """ ...... .........12
Xli. Recommendation............... ...... .......... ..... """ """""""""""" """"""""""""""'" """""'" .16
Xli. List of Exhibits...... "'" ....... ................"......... ................... ....................... .................... ""'" .19
Report Prepared bY:Rj 1
Jim Harris, Senior Planne t1 '
January 17, 2005 ~
EXHIBIT C,
PAGE--LOF ~
File No:
03-1O42930-00-SU
Engineer:
Mr. Roy Lewis, P.E.
Triad Associates
11814 115th Avenue NE
Kirkland, W A 98034-6923
Phone: 425-82 I -8448
Owner:
Klak Federal Way LLC
500 Shokie Blvd., #444
North Brook, IL 60062
Applicant:
Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Suite 202
Kirkland, W A 98033
Phone: 425-202-3675
Action
Requested:
Preliminary plat approval of a 114-lot residential subdivision as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring
approval pursuant to FWCC Section 20-110.
Staff
Representative:
Jim Harris, Senior Planner, 253-835-2641
Staff
Recommendation:
Preliminary Plat Approval with Conditions (Refer to Section XII)
I
GENERAL INFORMATION
A. Description of the Proposal- The applicant proposes to subdivide two vacant parcels totaling
approximately 22.4 acres into 114 separate lots. The subject property is zoned RM-3600*. The
asterisk denotes that the property is subject to a concomitant zoning agreement. Each of the
proposed lots meets the 5,000 square-foot minimum lot size requirement of the multi-family
zoning district.
The proposed action is depicted in the following documents: Campus Crest preliminary plat
map, revised July 29,2004 (sheets 1 - 3 of 14); Campus Crest Preliminary Grading Plan, April
14,2004 (sheets 4 and 5); Campus Crest Preliminary Utility Plan, April 14, 2004 (sheets 6 and
7); Campus Crest Preliminary Roads and Stonn Drainage Plans, April 14, 2004 (sheets 8 - 11);
Campus Crest Preliminary Roads Details, April 14, 2004 (sheet 12); Campus Crest Preliminary
Planting and Tree Retention Plan, July 29,2004 (sheets 13 and 14); Campus Crest Preliminary
Topography Survey, September 15,2003; Conceptual Pond Landscape Plan - 2 pages,
November 8, 2004 (Exhibit 1).
The applicant has requested to modify certain provisions of the existing 1990 Concomitant
Zoning Agreement applicable to the subject property, as the proposed preliminary plat does not
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 / Doc. ID. 29953
EXHIBIT Page2 C,
PAGE ~OF .1L
comply with the terms of the 1990 Agreement as amended. Since single-family use is not
permitted on the subject property under the terms of the existing Concomitant Zoning
Agreement, approval of a new Concomitant Agreement is required concurrent with approval of
the preliminary plat. The staff report and recommendation on the CZA amendment is under
separate cover to the Hearing Examiner, and the Examiner will review and hold a public hearing
on the CZA amendment request concurrent with the preliminary plat.
B. Location - The site is generally located along the south side of SW Campus Drive at
approximately the 700 block SW. The site also abuts the east side of lib A venue SW adjacent to
the plat of Orchid Lane. The Campus Crest site also abuts the City-owned BP A corridor along the
southeasterly side ofthe site (Exhibit 2-Vicinity Map).
C.
Parcel Nos. - 192104-9043 and 192104-9008. The site legal description is on the plat map.
D.
Size of Property - The subject site has a land area of 978,784 square feet (22.46 acres).
E. Land Use and Zoning -
Direction Zoning Comprehensive Plan Existing Land Use
Site RM-3600*1 Multi-Family Vacant
North RM-2400 Multiple-Family Multi-family
South RS- 7.22 SF - High Density SFR3
East RS-7.2 SF - High Density SFR
West RM-2400* Multiple-Family Preliminary plat of Wynstone
RS-7.2 SF - High Density Preliminary plat of Wynstone
F.
Background - The Campus Crest preliminary plat application was submitted on September 18,
2003 (Exhibit 3). The preliminary plat application includes a request to amend the Concomitant
Zoning Agreement that applies to the subject property. The application was determined complete
on November 7, 2003.
II
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
The following departments, agencies, and individuals were advised of this application.
A.
Community Development Review Committee (CDRC), consisting ofthe Federal Way
Community Development Services Planning and Building Divisions; Public Warks Engineering
and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of
Public Safety (Police); Federal Way Fire Department; 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 complete preliminary
plat application and Concomitant Zoning Agreement amendment request on November 15,
J RM-3600 = multi-family residential 3,600 square feet oflot area per unit, with Concomitant Agreement
2 RS- 7.2 = single-family residential, 7,200 square-foot minimum lot size
3 SFR = single-family residential
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 / Doc. 10.29953
EXHIBIT -' Page 3
PAGE .-3-0F -t-~
2003. The City also conducted other public notice on November 15, in accordance with City
code requirements.
C.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet ofthe site, and
all affected agencies, were notified of the proposed action and the City's environmental decision.
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
A.
The City of Federal Way issued a Mitigated Environmental Determination ofNonsignificance
(MDNS) (Exhibit 4) for the proposed action on September 29, 2004. This detennination was
based on review of information on file, including the environmental checklist (Exhibit 5), and staff
evaluation of the environmental checklist for the Campus Crest proposal, 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.
The City received comment letters on the proposal fTom the Washington State Department of
Natural Resources (Exhibit 6), Bonneville Power Administration (Exhibit 7), and Washington
State Department of Transportation (Exhibit 8).
C.
No appeals of the environmental determination were submitted to the City.
IV NATURAL ENVIRONMENT
A.
Soils - The applicant provided a Geotechnical Engineering Investigation, April 4, 2003 (Exhibit
9), and an Updated Grading Plan Review, April 13, 2004 (Exhibit 10), by Krazen and
Associates Inc. The site soils are discussed in detail in the geotechnical report and addendum.
The geotechnical report concludes that the site is suitable for residential development. The 1973
King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (Age).
Alderwood soils are characterized as moderately well drained soils that have a weakly
consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgC soils are
described as capable for urban development, runoff is slow to medium, and erosion hazard is
moderate.
B.
Topography - The site has a slope falling generally fTom south to north. The overall slope of the
site averages approximately eight percent slope, with areas of slope up to approximately 60
percent in isolated areas at the north end of the site. Based on information provided in the
Krazen report, the slopes that exceed 30 percent on-site, were created by cuts that were
completed for construction of SW Campus Drive and utility construction. Therefore, there are no
regulated slopes or any other geologically hazardous areas on the site.
C.
Vegetation - The site is heavily wooded and consists primarily of second growth forest
with a mixture of conifer and broadleaf deciduous trees, with a dense understory of native
shrubs.
03-104293 / Doc. l.D 29953
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
EXHIBIT~4
PAGE ~OF -CL
The 7/29/04 Tree Retention Plan, by Triad Associates, identifies a total of 1,707 significant trees
are on the site, The significant tree count was estimated based on a random sample of the count
of significant trees within three one-acre blocks on the site shown on a preliminary topography
survey of the site by Triad Associates, 9/15/03 (Exhibit 1). The one-acre block tree count
samples range from 44 significant trees per acre to 112 significant trees per acre, The significant
tree survey random sample is acceptable for the purposes of estimating the significant trees on
the site for the purposes of preliminary plat review. However, prior to removal of the trees, a
more accurate assessment of the quantity of significant trees based on an accepted statistical
forestry sampling method shall be provided in order to detennine complete compliance with
applicable code requirements.
Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and
landscape plan pursuant to FWCC Section 20-186. City policy and FWCC Section 20-179 state
"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... and; existing mature vegetation shall be retained to the maximum extent
possible, " Retained significant trees outside of plat infrastructure areas are regulated under
FWCC Section 22-1568, "Significant Trees," at the time of individual home construction.
The applicant has requested to remove all the trees on the site in conjunction with plat
infrastructure construction. Therefore, the significant tree removal and replacement would apply
to areas of the site that ate outside infrastructure areas if the request to remove all the significant
trees is approved,
D.
Wetlands - The applicant provided a wetland assessment from Wetland Resources lnc, April 28,
2003 (Exhibit 11). The wetland assessment concludes that there are no regulated wetlands or
streams on or within 100 feet of the site,
v
NEIGHBORHOOD CHARACTERISTICS
A.
Vicinity - The property is triangular in shape and is situated generally in the south-central
portion of the City. The site is located along Campus Drive, an arterial roadway at approximately
the 700 block SW. The subject site abuts the BPA corridor on the southeast. The site also abuts
12th Avenue SW, a collector roadway, and the Wynstone preliminary plat on the west side of the
site.
B.
Public Parks - The site abuts the City's BP A Trail, which is located on the abutting property.
The site is also in close proximity to Saghalie Park, which is a 32-acre community park, and the
Weyerhaeuser King County Aquatic Center.
VI GENERAL DESIGN
Lot Size - The proposed Campus Crest lots range in size from 5,000 square feet to 9,212 square
feet for single-family use. All proposed lots meet the minimum 5,000 square-foot minimum lot
size for single-family residential use required in the RM zoning district (FWCC Section 22-666)
as requested to be allowed in the proposed new Concomitant Agreement.
B. Lot Layout - Most of the proposed'lots are of rectangular shape. Preliminary building setback
lines (BSBL) are depicted on the preliminary plat map, and each lot contains an adequate
building area,
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
A.
03-104293 / Doc. lD. 29953
Page 5
EXHIBIT ~
PAGE ç OF---a-
c.
Open Space - To provide adequate recreational opportunities commensurate with new
residential development, FWCC Chapter 20, "Subdivisions," requires dedication ofland on site
for open space, or a fee-Ín-lieu payment. Pursuant to FWCC Section 20-1 55(b), in an April 19,
2004 letter to the City (Exhibit 12), the applicant has requested to pay a fee-in-lieu for the
balance of the required 15 percent open space not provided on site. The City PARCS Director
has agreed to accept a fee-in-lieu for a portion of open space. The open space fee in lieu amount
is detennined at the time of final plat based on the assessed land value at the time of final plat
approvaL
Open space credit as allowed by City code for buffer open space up to two percent of the gross
site area is proposed in Tracts F and G. Usable open space in A, B, D, K, and L is provided. As
proposed on the preliminary plat map, the proposal provides the following open space:
approximately 18,583 square feet of usable open space (1.9%); approximately 19,571 square
feet of buffer open space credit as FWCC Section 20-155(c) allows maximum of two percent
buffer open space of the gross land area. Therefore, as currently proposed, the applicant would
be required to pay an open space fee-in-lieu in the amount of approximately 11.1 percent of the
gross land value at the time of final plat. A final calculation of open space will be conducted
with review of the final plat and must comply with FWCc.
D.
Subdivision Access and Roadway System - Access to the site will be via 12th Avenue SW
adjacent to the west side of the site, through extension of lOth Avenue SW across the BPA
corridor from Campus Highlands, and from a new access point on SW Campus Drive. The
preliminary plat also includes construction of a looped interior street network and one pennanent
cul-de-sac. Section VII of this report provides a detailed description of the proposed roadway
system and improvements.
E.
Pedestrian System - Sidewalks will be provided along all street frontages. Specifically, interior
full street improvements include five-foot wide sidewalks on both sides of all streets, and eight-
foot sidewalks on the project frontage along lOth Avenue SW, and along the frontage on SW
Campus Drive.
In accordance with FWCC Section 20-156, the subdivision includes four, 20-foot wide
pedestrian and bicycle access tracts.
F.
Landscape Buffers - In accordance with FWCC Section 20-178, a minimum ten-foot wide Type
III landscape strip shall be provided along all arterial streets to shield new residences from
arterial streets. Campus Drive is an arterial street; therefore, landscape buffering along this street
is required. The preliminary plat map provides landscape buffers in Tracts F and G that average
approximately 45 feet in width abutting Campus Drive. The associated concomitant agreement
further discusses the landscape buffer along SW Campus Drive.
G. Clearing and Grading - In a request from Triad Associates received January 7,2005 (Exhibit
13), the applicant has requested approval to clear and grade the whole 22-acre site, including all
of the proposed lots, in conjunction with clearing and grading for construction of the site
infrastructure. The applicant's request to clear and grade the site provides justification for the
request based on the following: the unique topography of the site; the design of the streets.
generally parallel to the contours of the site; the applicant's ability to reduce erosion impacts by
mass grading the site in one operation; and because the unlikely long-tenn viability and
preservation of minimal amounts of vegetation that would be retained through a phased grading
operation.
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 / Doc. I.D. 29953
EXHIBIT _c. Page 6
PAGE ---k-OF ~
In regard to clearing and grading plats, 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. "
City staff supports the clearing and grading request to clear and grade the entire site in one
operation as proposed by the applicant based on the following factors: existing site topography
which averages approximately 8.5 percent slope across the entire site; proposed cut depths up to
15 feet; proposed fill depths up to 32 feet for construction of future roadways; irregular lot
grades that would result without mass clearing and grading of the site. Without clearing and
grading ofthe site some of the resulting grades on future lots would exceed 20 percent slope,
and would result in the need for extensive additional grading to create building lots with finish
grades conducive to single-family development. By allowing mass grading of the entire site, the
applicant will have the ability to minimize import and export of material and create lots with
finish grades conducive to single-family development.
The preliminary grading plan identifies retaining walls up to approximately ten feet in height, on
and between several of the proposed lots. Retaining walls are also proposed on three sides of the
stormwater facility in Tract H. The retaining walls within Tract H are up to 20 feet in total height
and therefore should be designed and constructed in a manner to minimize potential aesthetic
impact along SW Campus Drive. The applicant has prepared a Conceptual Pond Landscape Plan
(Exhibit 1) that proposes small retaining walls within Tract G; and in order to visually enhance
the appearance of the walls within Tract H, the applicant has also proposed to undulate and
terrace the walls within Tract H, treat the walls architecturally, and provide landscaping between
the walls. To minimize aesthetic impact and be consistent with the residential nature of the
proposal, all walls shall include aesthetic treatment.
VII TRANSPORTATION
A.
Street Improvements - A July 2004, revised Traffic Impact Analysis (TIA) by The Transpo
Group was submitted for the project (Exhibit 14). The City's Traffic Division has reviewed the
project and concluded that the proposed street layout of the Campus Crest subdivision for the
purposes of preliminary plat review is consistent with the adopted codes and comprehensive plan
in place at the time of the complete application.
Access to the site will be via 12th Avenue SW adjacent to the west side of the site, through
extension of 10th Avenue SW across the BP A corridor from Campus Highlands, and from a new
access point on SW Campus Drive. The preliminary plat also includes construction of a looped
interior street network and one permanent cul-de-sac.
All streets shall be designed and constructed by the applicant per FWCC requirements. In
accordance with FWCC standards, all street improvements must be dedicated as City right-of-
way and improved to full street standards, unless otherwise noted.
The street frontage of 12th Avenue SW shall include street improvements per City Standard
Cross Section 'M', including improvements along the east half ofthe street with six-foot
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landscape strip with street trees and street lights, eight-foot sidewalk, and three-foot utility strip.
A right-of-way dedication of 14 feet along the street frontage is required to complete these
improvements.
Campus Drive, abutting the project site, is classified as a Principal Arterial. Improvements to the
project frontage along SW Campus Drive are depicted on the April 14, 2004 preliminary road and
utility plan, by Triad Associates. Improvements to Campus Drive are required in accordance with
City standards, including additional asphalt paving to create a 64-foot paved roadway, with concrete
curb and gutter, six-foot planter strip with street trees and street lights, eight-foot sidewalk, and
three-foot utility strip, per City Standard Roadway Section 'E'. The improvements shall provide
sufficient new roadway tapers and transitions at each end of these improvements to provide for safe
transition between existing roadway width, and the proposed improvements. Along the Campus
Drive frontage, a dedication of seven feet of property to the City is required for right-of-way.
As currently depicted on the preliminary plat drawings, road "D" is incorrectly depicted as a
local access street in regard to right-of-way width and improvements. Within the plat and
connecting off-site, Road D and the connection to 10th Avenue SW in Campus Highlands, shall
be improved to a Minor Collector Street Section, corresponding to City standard roadway
Section "S." The required street improvements include 36 feet of pavement with vertical curb
and gutter, four-foot planter strips with street trees, five-foot sidewalks, and one-foot utility
strips, within a 56-foot dedicated right-of-way. Two-foot utility easements, along both sides of
the dedicated right-of-way, are required for utilities and streetlights.
Within the plat, roads A, B, C, and E shall be improved to Local Street Section, corresponding
to a City standard roadway Section "W." The required street improvements include 28 feet of
pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot
sidewalks, and three-foot utility strips with streetlights, within a 52-foot wide dedicated right-of-
way.
All private access tracts shall comply with Federal Way cross-section "Y" and include 24 feet of
pavement, five-foot sidewalks, and two-foot utility strips.
Street lighting is required on all streets, pursuant to FWCC Section 22-1522.
The Public Works Department and Federal Way Fire Department have approved preliminary
roadway improvements and curve radius, for the purposes of preliminary plat review.
B.
Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental
Policy Act (SEP A). The SEP A mitigation conditions require construction of City Transportation
Improvement Program (TIP) projects that are impacted by 10 or more PM peak hour trips, or
alternatively, the applicant may voluntarily contribute a pro-rata share to the impacted TIP
projects. The MDNS specifically identifies off-site street improvements to be constructed by the
applicant, or pro-rata mitigation in lieu of constructing improvements. The MDNS also identifies
required improvements to the intersection of Campus Drive and 10th Avenue SW. The total pr~
rata mitigation fee is $202,301.00.
Required improvements to the project's street frontages are code-based requirements in the
FWCC, and are independent of the SEP A mitigation.
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c.
Transit - The City received a November 18, 2003 memo from King County Metro, regarding
transit improvements associated with the site (Exhibit 15). King County Metro has requested the
developer to install transit related improvements along SW Campus Drive in conjunction with
development of the site, as development of the site with 114 residential units may result in a
sufficient number of new residents using public transit services. However, the Metro comments
were based on a different site layout and may apply only in part to the current site layout. Metro
will be reviewing the engineering plans to determine if transit improvements are warranted.
VIII PUBLIC SERVICES
A.
Schools - The Federal Way School District reviewed the proposed subdivision and noted that
school students in the Campus Crest Plat site would attend the following schools under current
service areas: Sherwood Forest Elementary, Saghalie Junior High, and Decatur High. Students
from Campus Crest would walk to Sherwood Forest and Saghalie Junior High. Sidewalks and
safe walking areas are provided from Campus Crest to both of these schools. High school
students would attend Decatur High and appropriate bus stops would be provided.
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 are collected at the time of building permit
issuance. For the year 2005, the school impact fee is $2,868.00 plus a $143.50 administrative fee
per 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.
Public Parks - The Campus Crest site abuts the City's BP A Trail, which is located on the
abutting property. The site is also in close proximity to Sagha1ie Park, which is a 32-acre
community park, and the Weyerhaeuser King County Aquatic Center. These public parks
provide recreational opportunities for residents in the area.
Open space requirements are discussed in Section VI of this report.
c.
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 Fire Department requires that a fire hydrant be
located within 350 feet of each lot. The exact number and location of fire hydrants will be
reviewed and approved by the Fire Department.
IX UTILITIES
A.
Sewage Disposal- The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A February 19, 2003, Certificate of Sewer Availability
(Exhibit 16) 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. A February 19, 2003, Certificate
of Water Availability (Exhibit 17) indicates Lakehaven's capacity to serve the proposed
development through a DEA.
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c.
Drainage Facilities - Development of the site wiH create additional runoff from new impervious
surfaces such as streets, driveways, and rooftops. Stonn drainage faci1ities are being designed in
accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the
City's amendments to the manual. The applicant's April, 2004 préliminary stonnwater Technical
Infonnation Report (TIR) (Exhibit 18) by Triad Associates, was reviewed by the City's Pub1ic
Works Department for the purposes of preliminary plat review.
Levell Flow Control and Resource Stream Water Qua1ity treatment are required for the project,
per the 1998 King County Surface Water Design Manual and the City of Federal Way
Addendum to the manual.
The site lies within the Panther Lake Drainage Basin. As such, the applicant may provide on-site
flow control to the Levell flow control standard, or elect to pay for off-site detention provided
in Panther Lake. The cost for utilizing Panther Lake for off-site detention is $1,728.00 per gross
acre. The preliminary indication is the applicant will choose to pay for off-site detention in
Panther Lake.
The applicant has proposed to construct a two-facility treatment train to provide water quality
treatment for the site. Final design options for the water quality treatment train facility will be
detennined during engineering review of the plat improvements. As proposed, this design meets
the Resource Stream Protection requirement for Water qua1ity treatment. It can be expected to
remove at least 80 percent total suspended solids, and 50 percent total zinc removal.
The preliminary design proposes to collect and convey stonnwater through a series of
pipes and catch basins into the water quality treatment faci1ities, located near the plat
entrance road at SW Campus Drive.
In order to mitigate potential erosion impacts to downstream drainage systems and Panther Lake,
the applicant shall provide on-site Erosion and Sediment Control measures per the requirements
of the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum
to the manual. The City may further 1imit clearing and grading activities during the wet season
(October 31 to March 31) per the SEP A mitigation measure.
The proposed water quality faci1ities as preliminarily designed are adequate to serve the
proposed development. Final review and approval of the stonn drainage facilities will occur in
conjunction with fun drainage review.
x
ANALYSIS OF DECISIONAL CRITERIA
The FWCC estab1ishes 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 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.
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Staff Comment: The apphcation is subject to the adopted 2002 Federal Way Comprehensive
Plan (FWCP), which designates the property as multiple-family. The proposed single-family
land use on the subject property is consistent with the underlying Comprehensive Plan
designation and is a pennitted use.
In addition, the City's Comprehensive Plan identifies the north-south extension of 12th Avenue
SW and east-west extension of 10th A venue across the BP A corridor from Campus Highlands.
The Campus Crest plat as proposed and conditioned will implement construction of frontage
improvements on 1th Avenue SW (a Principal Collector) abutting the site, and extension and
construction of 10th Avenue SW across the BPA corridor (a Minor Collector).
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. The preliminary plat application is not consistent with the 1990
Concomitant Zoning Agreement applicable to the site. However, the proposed preliminary plat is
consistent with the proposed Concomitant Agreement for the site. Therefore, the approval of the
preliminary plat must be subject to concurrent approval of the associated proposed Concomitant
Agreement.
3.
The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat would pennit development of the site consistent
with the current Multiple-Family land use classification of the FWCP and map, provided the
preliminary plat is consistent with and approved concurrently with the proposed Concomitant
Agreement for the applicable portion of the site.
Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire
Department. Future development of the plat and associated improvements including street
improvements, and other infrastructure improvements 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 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, and provision
for the housing needs of the community. 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 Sections 20-151 through 157, and 20-
158 through 187.
Staff Comment: Development of this site is required to comply with the provisions of FWCC
Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning,"
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and all other appJicable local and state development codes and regulations. As proposed, the plat
is consistent with the FWCC requirements provided the recommended conditions of approval
are adopted.
XI FINDINGS OF FACT AND CONCLUSIONS .
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds that:
1.
The proposed action is to subdivide two vacant parcels totaling approximately 22.4 acres into
114 separate lots.
2.
Pursuant to the City's November 7, 2003 Notice of Complete Application, the plat is subject to
codes and policies in place on November 7,2003, including the 2002 Federal Way
Comprehensive Plan (FWCP).
3.
The subject property is designated Multiple-Family in the 2002 FWCP.
4.
The two parcels comprising the site are zoned RM-3600*. The asterisk identifies that the
property is subject to a concomitant zoning agreement. Pursuant to FWCC Section 22-666,
single-family residential use is pennitted in the RM zoning district with a minimum lot size of
5,000 square feet per lot. As recommended with conditional approval, the proposed residential
subdivision and density is consistent with applicable zoning and subdivision regulations.
5.
The applicant has requested to modify certain provisions of the existing 1990 Concomitant
Zoning Agreement (CZA) applicable to the site. The staff report and recommendation on the
CZA amendment is under separate cover to the Hearing Examiner, and the Examiner will review
and hold a public hearing on the CZA amendment request concurrent with the preliminary plat.
6.
Since single-family use is not pennitted on the subject property under the tenns of the existing
Concomitant Zoning Agreement, approval of a new Concomitant Agreement is required
concurrent with approval of the preliminary plat.
If the new Concomitant Agreement is not adopted concurrent with approval of the preliminary
plat application, then the preliminary plat application cannot be approved as proposed.
7.
An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this
proposed action on September 29, 2004. The City received no appeals of the SEP A
detennination, and the SEPA appeal period expired on October 27, 2004.
8.
As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family residence. There is presently an unused access easement for Federal Way Public
Schools, which bisects the site. The easement as existing could impact development ofthe site in
accordance with the preliminary plat. In an April 19, 2004 letter from the applicant, the
applicant identifies they intend to have the easement extinguished. The easement does not
impact the site for the purposes of preliminary plat; however, the easement would impact the
final plat if it were not extinguished.
9.
To provide adequate recreational opportunities commensurate with new residential development,
FWCC Chapter 20, "Subdivisions," requires dedication ofland on site for open space, or a fee-
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in-lieu payment. Pursuant to FWCC Section 20-155, the applicant has proposed a combination
of buffer open space, usable open space, and a fee-in-lieu of on site open space. As currently
proposed, the preliminary plat map includes approximately 1.9 percent usable open space, two
percent buffer open space, and approximately 11.9 percent fee-in-lieu in order to meet the code
requirement.
To facilitate meeting the perimeter block standards ofFWCC Section 20-156 and meet the code
standard in FWCC Section 20-156 regarding provision of access for established trails, a paved
connection from Tract D to the adjacent BP A Trail should be provided.
10. The applicant provided a Geotechnical Engineering Investigation, April 4, 2003 (Exhibit 8) and
an Updated Grading Plan Review, April 13, 2004 (Exhibit 9), by Krazen and Associates Inc.
The geotechnical reports provide engineering analysis of cut and fill slopes and recommended
setbacks, and classification of the subsurface soils for design ofthe stonnwater management
facilities. The geotechnical engineering reports are sufficient for the purposes of preliminary plat
review. The applicant shall design and construct the project in accordance with all
recommendations from the geotechnical engineer.
11. In a January 7,2005 memo (Exhibit 12), the applicant has requested approval to clear and grade
the entire site including all the future lots in conjunction with clearing and grading the site for
infrastructure for the site. The applicant's request to clear and grade the whole site is based on
the site's unique topography; the design of the streets generally parallel to the contours ofthe
site; the applicant's ability to reduce erosion impacts by mass grading the site in one operation;
and because of the unlikely long-tenn viability and preservation of vegetation that would be
retained through a phased grading operation.
City staff supports the clearing and grading request to clear and grade the entire site in one
operation as proposed by the applicant based on the following factors: existing site topography
which averages approximately 8.5 percent slope across the entire site; proposed cut depths up to
15 feet; proposed fill depths up to 32 feet for construction offuture roadways; and resultant
irregular lot grades that would result without mass clearing and grading of the site. Without
clearing and grading of the site, some ofthe resulting grades on future lots would exceed 20
percent slope and would result in the need for extensive additional grading to create building lots
with finish grades conducive to single-family development. By allowing mass grading of the
entire site, the applicant will have the ability to minimize import and export of material and
create lots with finish grades conducive to single-family development.
12. The preliminary grading plan identifies retaining walls up to approximately ten feet in height on
and between several of the proposed lots. Retaining walls are also proposed on three sides of the
stonnwater facility in Tract H. The retaining walls within Tract H are up to 20 feet in total height
and therefore should be designed and constructed in a manner to minimize potential aesthetic
impact along SW Campus Drive. For the purposes of preliminary plat review, the applicant has
prepared a Conceptual Pond Landscape Plan (Exhibit 1) that proposes two small retaining walls
within Tract G, and two terraces of walls within Tract H. The applicant has also proposed to
undulate and tier the upper walls, treat the upper walls architecturally and provide landscaping
between the walls, in order to visually enhance the wa1ls. To minimize aesthetic impact and be
consistent with the residential nature of the proposal, all walls shall include aesthetic treatment.
In order to minimize the maintenance for the stonnwater treatment facility, the retaining walls
. proposed on the south side of Tract H shall be located in a private tract. Specifically, Tract M
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shall be expanded to include the proposed retaining walls that are currently proposed within
Tract H.
13. The subject property is wooded with primarily second growth forest. Significant tree retention
and/or replaçement shan be provided in accordance with FWCC Section 20-179 and 22-1568.
The 7/29/04 Tree Retention Plan, by Triad Associates, identifies a total of 1,707 significant trees
are on the site. The significant tree count was estimated based on a random sample of the count
of significant trees within three one-acre blocks on the site shown on a preliminary topography
survey of the site by Triad Associates, 9/15/03 (Exhibit I). The one-acre block tree count
samples range from 44 significant trees per acre to 112 significant trees per acre. The significant
tree survey random sample is acceptable for the purposes of estimating the significant trees on
the site for the purposes of preliminary plat review. However, prior to removal of the trees, an
accurate assessment of the quantity of significant trees shall be provided in order to determine
complete compliance with applicable code requirements.
14. Removal of all of the trees from the site as proposed will alter the aesthetics of the site and
transform the site from a densely vegetated condition to urban development. In order to
minimize potential aesthetic and visual impacts along Campus Drive and the surrounding
residential area, and to provide some visual enhancement to the site, landscaping improvements
must be implemented. Prior to issuance of construction permits, a final landscape plan prepared
by a licensed landscape architect shan be submitted to the City for approval in accordance with
FWCC requirements. The landscape improvements shall be completed prior to final plat
approval, unless a financial guarantee is approved by the City for completion of the landscape
improvements. The final landscape plan shall include, at a minimum, the following elements:
A.
Arterial buffer landscaping in Tracts F and G per FWCC Section 20-178 and in compliance
with the accompanying Concomitant Agreement. In order to insure the long-term viability
and maintenance of the landscape screen in Tracts F and G, irrigation of these landscape
areas is required. The applicant shall coordinate the landscape plan in Tract F and G with
Lakehaven Utility District, and provide written approval of the plan from Lakehaven in
respect to potential conflict with Lakehaven Utilities located within these tracts;
B.
Landscaping adjacent to retaining walls in Tracts F, G, and H shall be an appropriate type,
size, and density to provide visual separation and screening from the walls, and provide a
visual enhancement to the site;
C.
Street trees in right-of-way landscape planter strips per Public Works Department
Standards;
D.
Landscaping of Tract M adjacent to Road B shall be planted with Type III landscaping
including trees, shrubs, and groundcover, to provide a visual separation between the public
right-of-way and the proposed stormwater facilities. This landscape tract shall be owned
and maintained by the homeowners' association. If cyclone fencing is used around the
storm drainage ponds, the fencing shall be coated black or green;
E.
Significant tree replacement in accordance with FWCC requirements.
15. 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 applicant's preliminary
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Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
storm drainage TIR by Triad Associates, as revised April 2004, was reviewed and preliminarily
accepted by the City's Public Works Department.
Levell flow control and Resource Stream Water Quality Protection are required for this site per
the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to
the manual. In lieu of providing on-site flow control, the applicant has chosen to pay the pro-rata
share fee of $1,728.00 per gross acre for off-site detention in Panther Lake. In addition, the
applicant has proposed a two-facility treatment train on this site, which meets the Resource
Stream Protection requirements for water quality treatment.
In order to mitigate potential erosion impacts to downstream drainage systems and Panther Lake,
the applicant shall provide on-site Erosion and Sediment Control measures per the requirements
of the 1998 King County Suiface Water Design Manual and the City of Federal Way Addendum
to the manual.
The proposed flow control and water quality facilities are adequate to serve the proposed
development. Final review and approval of the storm drainage facilities as shown on the
engineering plan will occur in conjunction with full drainage review.
16. A July 2004, revised Traffic Impact Analysis (TIA) by The Transpo Group was submitted for
the project (Exhibit 13). The City's Traffic Division has reviewed the project and concluded that
for the purposes of preliminary plat review, the proposed street layout of the Campus Crest
subdivision as recommended by City staff is consistent with the adopted codes and
Comprehensive Plan in place at the time of the complete application.
Access to the site will be via 12th Avenue SW adjacent to the west side ofthe site, through
extension of lOth A venue SW across the BP A corridor from Campus Highlands, and from a new
access point on SW Campus Drive. The plat also includes construction of a new interior street
system that interconnects the three access points. The project will result in approximately 115
new weekday evening peak hour trips.
The extension of lOth Avenue SW across the BP A corridor is identified in the 2002
Comprehensive Plan and is recommended as a condition of project approval. This roadway
extension implements the goals of the Comprehensive Plan and implements the FWCC
perimeter block standard of 2,640 feet.
The TIA recommends that to minimize potential conflicts between motorists and trail users, a
raised pedestrian crossing should be implemented at the junction of the BP A Trail and the new
roadway across the BP A corridor.
The City's Traffic Engineer has reviewed the project and concluded that the proposed street
layout of the Campus Crest subdivision as conditioned is consistent with the adopted codes and
Comprehensive Plan in place at the time ofthe complete application.
Street improvements proposed and required for the proposal are depicted on the preliminary plat
drawings by Triad Associates (Exhibit 1). The street improvements are described in detail in
Section VIII of the staff report and are incorporated by reference as set forth in full. All public
right-of-ways will be dedicated to the City. Pedestrian Tracts A, B, D, K, and L, as proposed,
meet applicable City standards for pedestrian tracts including a 20-foot width with a 12-foot
wide paved walkway.
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The 2002 Federal Way Comprehensive Plan identifies 10th Avenue SW crossing the site is
classified as a Minor Collector roadway. As currently depicted on the preliminary plat map,
Road D does not meet the width requirement for a minor collector. Therefore, City staff is
recommending the construction plans and final plat map be modified so proposed Road "D" on
site, across the BPA and the extension of road "c" connection to 12th Avenue SW be modified
to meet the minor collector street standard of 56 feet of right-of-way. In modifying the width of
road "D", the pedestrian Tracts A and B may be eliminated, as they are not specifically required
to meet the FWCC pedestrian block perimeter standard.
17. New sidewalks and pedestrian facility improvements in conjunction with existing walking areas
will provide a safe pedestrian route of travel for school children who walk from the Campus
Crest plat to Sherwood Forest Elementary School and Saghalie Junior High. School children
would be provided bus transportation from Campus Crest to Decatur High School.
18. King County Metro has requested the developer to install transit related improvements along SW
Campus Drive in conjunction with development of the site, as development ofthe site with 114
new residential units may result in a sufficient number of new residents using public transit
servIces.
19. 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.
20. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning."
21. The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter
22, "Zoning," and all other applicable codes and regulations. As proposed, and recommended by
staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations,
provided the proposed accompanying Concomitant Agreement is adopted concurrently.
22. 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 RECOMMENDA nON
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the preliminary plat
subject to the following conditions:
1.
The Campus Crestpreliminary plat shall not be deemed approved unless the proposed Campus
Crest Concomitant Agreement is concurrently approved, and allows the site to be developed
with single-family housing.
2.
Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised
landscape plan that includes the following landscaping to be approved by the City:
a.
Arterial buffer landscaping in Tracts F and G per FWCC Section 20-178 and in compliance
with the accompanying Concomitant Agreement. In order to insure the long-tenn viability
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and maintenance of the landscape screen in Tracts F and G, irrigation of these landscape
areas is required. The applicant shall coordinate the landscape plan in Tract F and G with
Lakehaven Utility District, and provide written approval of the plan from Lakehaven in
respect to potential conflict with Lakehaven Utilities located within these tracts;
b.
Landscaping adjacent to retaining walls in Tracts F, G, and H shall be an appropriate type,
size, and density to provide visual separation and screening of the walls, and provide a
visual enhancement to the site;
c.
Street trees in right-of-way landscape planter strips per Public Works Department
Standards;
d.
Landscaping of Tract M adjacent to Road B shall be planted with Type III landscaping
including trees, shrubs, and groundcover, to provide a visual separation between the public
right-of-way and the proposed stonnwater facilities. This landscape tract shall be owned
and maintained by the homeowners' association. If cyclone fencing is used around the
stonn drainage ponds, the fencing shall be coated black or green;
e.
Significant tree replacement in accordance with FWCC requirements.
3.
Prior to approval of engineering construction plans, the applicant shall provide the City a
significant tree survey based on an acceptable statistical forestry sampling methodology to
accurately detennine the number of significant trees on the site. The applicant shall also provide
a significant tree replacement plan, to replace at least 25 percent of the significant trees removed
from the site. Pursuant to FWCC Section 20-186, areas of the plat where significant trees are
removed for subdivision improvements (infrastructure) are not subject to significant tree
replacement. The significant tree replacement plan shall be approved by the Department of
Community Development Services prior to engineering plan approval. The replacement trees
shall be planted by the applicant and inspected by the Department of Community Development
Services prior to final plat approval.
4.
Design and construction of the project shall comply with all requirements and recommendations
of the project geotechnical engineer.
5.
Prior to final plat approval, the applicant shall provide a paved trail connecting Tract D to the
adjacent BP A Trail. The plan for the trail connection shall be reviewed and approved by the
Public Works and P ARCS Departments in conjunction with engineering plan review.
6.
On the final plat map, Tract M shall be revised to include any proposed retaining walls within
the south side of Tract H. The retaining walls, if included in the plat construction, shall be
owned and maintained by the future homeowners' association.
7.
Prior to approval of construction plans, the applicant shall provide written correspondence from
the Federal Way Public School District regarding the Districts' commitment to eliminating an
existing easement on the site. Prior to final plat approval, the applicant shan document to the
City that the existing school district easement has been extinguished.
8. If included in the final engineering design, retaining walls and rockeries on individual lots shall
be hannonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation
Campus Crest Preliminary Plat 03-104293 / Doc. LD 29953
Staff Report to the Federal Way Hearing Examiner Page 17
EXHIBIT'_L
PAGE -n-OF ---l1f-
screening, and textural treatment to be designed by the applicant and approved by the
Community Development Services Department.
Due to the proximity to Campus Drive and the potential aesthetic impact from large untreated
walls, retaining walls shall be a maximum height of four feet within Tract G, and a maximum
height of nine feet of exposed surface above grade in Tract M. Any walls in Tract M shall
include but are not limited to the following design features: horizontal and vertical undulation,
terracing with a minimum width of six feet between terraces to allow a safe area for
maintenance; landscape screening; and wall texturing.
9.
Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus
stop shelter footing and bus stop landing in accordance with King County Metro standards for
the site frontage along SW Campus Drive. Prior to construction, the applicant shall provide
approval of the landing design and location from Metro. Due to other development in the area of
the site, Metro may determine the site frontage is not the appropriate location for a future bus
stop, and these improvements would not be required if so determined by Metro.
10. Improvements for the project include the off-site connection of Road D to the 10th Avenue SW
stub in Campus Highlands. Design and construction of the extension shall meet applicable City
standards and be reviewed by Bonneville Power Administration. The design and construction of
10th Avenue SW shall include a raised crossing per City standards at the BP A Trail for safety
purposes.
11. On the final plat map, roadway "D" and a portion of road "C", from the existing tenninus of 10th
Avenue SW in Campus Highlands extending to the point where Road D (and portion of Road C)
connects to 12th Avenue SW, shall be revised to be a 56-foot wide right-of-way, with a 36-foot
paved roadway, and two-foot utility easements on either side (Roadway Section'S' - Minor
Collector). The street connection to 12th Avenue SW shall be as shown on the plans, or modified
to connect at 12th Avenue SWat SW 343m Place. Final road alignment will be detennined
during engineering plan review.
Tracts A and B, as shown on the plans, may be eliminated or revised upon final road alignment.
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 / Doc. ID 29953
EXHIBIT C. PagelS
PAGE~OF -t!t-
XIII LIST OF EXHIBITS
1. Campus Crest preliminary plat map, revised July 29,2004 (sheets 1 - 3 of 14); Campus Crest
Preliminary Grading Plan, April 14, 2004 (sheets 4 and 5); Campus Crest Preliminary Utility
Plan, April 14, 2004 (sheets 6 and 7); Campus Crest Preliminary Roads and Storm Drainage
Plans, April 14, 2004 (sheets 8 - 11); Campus Crest Preliminary Roads Details, April 14, 2004
(sheet 12); Campus Crest Preliminary Planting and Tree Retention Plan, July 29, 2004 (sheets
13 and 14); Campus Crest Preliminary Topography Survey, September 15,2003; Conceptual
Pond Landscape Plan - 2 pages, November 8, 2004
2. Campus Crest Vicinity Map
3. Master Land Use Application for Campus èrest Preliminary Plat and Concomitant Agreement
4. SEPA MDNS, September 29,2004
5. SEPA Checklist for Campus Crest, dated revised July 27, 2004
6. Department of Natural Resources Letter, October 1, 2004
7. Bonneville Power Administration Letter, December 2, 2003
8. WSDOT Letter, December 22, 2003
9. Krazen and Associates Geotechnical Investigation, April 4, 2003
10. Krazen and Associates Updated Plan Review, April 13, 2004
11. Wetland Assessment by Wetland Resources Inc, April 28, :2003
12. Letter from Triad Associates dated April 19, 2004
13. Clearing and Grading Request from Traid Associates dated received January 7,2005
14. Traffic Impact Analysis, revised July 2004, by The Transpo Group
15. King County Metro Letter, November 18,2003
16. Certificate of Sewer Availability by Lakehaven Utility District, February 19, 2003
17. Certificate of Water Availability by Lakehaven Utility District, February 19, 2003
18. Preliminary Storm Water Technical Information Report (TIR), by Triad Associates, April 2004
Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been
provided to the Hearing Examiner.
TRANSMITIED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant
Applicant Agent - Roy Lewis P.E., Triad Associates
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03- 104293 / Doc. J.D. 29953
Page] 9
EXHIBIT -'---
P AGE ----tCt- 0 F --14-
~
CITY OF ~
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
CONCOMITANT AGREEMENT FOR PARCEL 7
700 Block of SW Campus Drive
Federal Way File No. 03-104311-00-UP
PUBLIC HEARING - January 25, 2005
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33325 8th AVENUE SOUTH
Table of Contents
I.
II.
III.
IV.
V.
VI.
VII.
General Information............... .... """""""'" ""'" ......................................... """""'" ...... ......2
Consulted Departments, Agencies, and Public .....................................:..............................5
State Environmental Policy Act......... .............. ""'" ..... ................................ "" ..... """""" ...6
Analysis of Decisional Criteria .................... ...... ......... ..........".. ....... ........ ... "" ..... ......... .......6
Findings of Fact and Conclusions .......... ..... """""""""""" .............. """""""""""'" ....... ...8
Recommendation """""""""""""""""""""""""""""""""""""""""""""""""""""".....9
List of Exhibits.................... """""""""""""'" """"""""""""""""'" """""'" """"""" ....1 0
Report Prepared by: 1\
Jim Harris, Senior Planne(~ ~
January 17,2005 ,~..
EX HI B 11'--L
PAGE--1-0F --KL
File No:
03-104311-00-UP
Applicant:
Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Suite 202
Kirkland, W A 98033
Phone: 425-202-3675
Action
Requested:
The applicant has requested modification of a February 27, 1990, Concomitant
Zoning Agreement (CZA) as amended by City Council resolution 93-144. The CZA
as amended pertains to a 22-acre parcel located at approximately the 700 block of
SW Campus Drive. Pursuant to Section 8 of the 1990 agreement, amendment of the
existing agreement shall be processed in the same manner as a rezone of property.
Staff
Representative:
Jim Harris, Senior Planner, 253-835-2641
Staff
Recommendation:
Adoption of the proposed new Concomitant Agreement, superseding the 1990
Concomitant Zoning Agreement as amended. (Refer to Section VI)
I
GENERAL INFORMA nON
A.
Description of the Proposal- The applicant has requested to amend the existing 1990
Concomitant Zoning Agreement (CZA) relating to certain property known as the Campus
Highland Townhome property (Parcel 7) (Exhibit A-Master Land Use Application) (Exhibit B-
Applicant's request, April 21, 2004). The requested CZA amendment would allow the subject
property to be developed with single-family development, whereas under the 1990 CZA only
townhome/condominium format is permissible. In addition, the applicant has requested to
modify terms of the 1990 agreement in regard to the following subjects: status of building permit
application; landscape standards abutting single-family zoning; building setbacks along Campus
Drive; required improvements to Campus Drive; building height; maximum density of 233 units;
phased construction; housing type; and 10th/12th Avenue corridor dedication and construction.
Pursuant to Section 8 of the 1990 CZA, amendments of the agreement shall be considered and
heard, "by filing an application therefore, which shall be considered and heard in the same
manner as a rezone of property." Therefore, this application is being reviewed via a Process V,
Project Rezone (FWCC Section 22-477 et aI), and will be heard concurrently with a preliminary
plat application for the property.
In order to simplify and consolidate the agreement applicable to the subject property, a new
Concomitant Agreement (Exhibit C) superseding the 1990 Agreement and subsequent amending
resolutions has been prepared rather than amending the 1990 Concomitant Zoning Agreement as
amended.
The subject property is comprised of approximately 22.4 acres and is currently zoned RM-
3600*. RM-3600 is a multi-family zoning with a minimum of 3,600 square feet of lot area per
dwelling unit for multi-family use. The asterisk (*) denotes that the property is subject to a
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 2
03-104311-00-UP/Doc ID 29917
EXHIBIT P
PAGE --..L.OF --1£L
concomitant zoning agreement. The subject parcel known as Campus Highland Townhome
property or Parcel 7 comprises the entire area of the proposed Campus Crest preliminary plat,
which is being reviewed concurrently by the Hearing Examiner under File No. 03-104293-00-
SUo
The proposed action is depicted in the following documents: Campus Crest preliminary plat
map, revised July 29,2004 (sheets 1 - 3 of 14); Campus Crest Preliminary Grading Plan, April
14, 2004 (sheets 4 and 5); Campus Crest Preliminary Utility Plan, April 14, 2004 (sheets 6 and
7) ; Campus Crest Preliminary Roads and Storm Drainage Plans, April 14, 2004 (sheets 8 - 11);
Campus Crest Preliminary Roads Details, April 14, 2004 (sheet 12); Campus Crest Preliminary
Planting and Tree Retention Plan, July 29,2004 (sheets 13 and 14); Campus Crest Preliminary
Topography Survey, September 15,2003; Conceptual Pond Landscape Plan - 2 pages,
November 8, 2004.
B.
Location - The site is located generally along the south side of SW Campus Drive at
approximately the intersection ofih Avenue SW.
c.
Parcel No's. - 192104-9008 and 192104-9043.
D.
Size of Property - The subject site has a land area of approximately 978,563 square feet (22.4
acres).
E. Land Use and Zoning -
Direction Zoning Comprehensive Plan Existing Land Use
Site RM-3600*1 Multi-Family Vacant
North RM-2400 Multip!l;}-Family Multi-family
South RS. 7.22 SF - High Density SFR3
East RS. 7.2 SF - High Density SFR
West RM-2400* Multiplð-Family Preliminary plat of Wynstone
RS- 7.2 SF - High Density Preliminary plat of Wynstone
F.
Background - The CZA amendment request and associated Campus Crest preliminary plat were
filed with the City on September 18, 2003. The application was determined complete on
November 7,2003. The Campus Crest site is comprised of two separate parcels. The Campus
Crest preliminary plat application includes a request to amend the Concomitant Zoning
Agreement that applies to the subject property.
At the time of incorporation of the City of Federal Way in February 1990, an application by
Polygon and Quadrant Corporation to develop Parcel 7 of the Campus Crest Property was under
review by King County. On February 27, 1990, a concomitant agreement between the City of
Federal Way and the owners of the subject property was entered into relating to the zoning of the
1 RM-3600 = multi-family residential 3,600 square feet of lot area per unit, with Concomitant Agreement
2 RS-7.2 = single-family residential, 7,200 square-foot minimum lot size
3 SFR = single-family residential
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 3
03-104311-00-UP/DoclD29917
EXHIBIT'--D-
PAGE -3-0F --"L
subject property commonly known as the Campus Highland Townhome property (Parcel 7)
(Exhibit D). The property owners and the City entered into the 1990 agreement for the purpose
of resolving any potential disagreements with respect to vesting rights and the applicability of
King County or City of Federal Way regulations as a result of incorporation.
The 1990 CZA set development standards for development of the site with up to 233 dwelling
units. In summary, the 1990 CZA addresses the following items: status of a 1989 building
permit application at King County; landscape standards abutting single-family zoning; building
setbacks along Campus Drive; required improvements to Campus Drive; building height;
maximum density of 233 units; phased construction; housing type; and lOth/ 1 ih Avenue corridor
dedication.
The 1990 agreement was amended in 1993 via Resolution 93-144 (Exhibit E). The effect of
Resolution 93-144 was to modify terms of the 1990 agreement in regard to landscape buffering
adjacent to single-family zoning, and clarify provisions regarding timing and funding for the
construction of 10th Avenue SW.
In 1997, the City Council adopted an amendment to the 1990 Concomitant Agreement, which
approved a golf driving range use on the subject site. However, the golf driving range was never
constructed and the agreement permitting the driving range expired, and zoning ofthe subject
property reverted to the 1990 agreement as amended.
The applicant submitted a written request, April 21, 2004, to amend the 1990 Concomitant
Agreement as amended (Exhibit B).
The current preliminary plat proposal for Parcel 7 includes development of the site with single-
family residences on proposed lots of 5,000 square feet. Most of the terms of the 1990 CZA are
inapplicable to the current proposal in respect to the proposed single-family development. In
order to simplify and consolidate the agreement applicable to the subject property, a new
Concomitant Agreement superseding the 1990 Agreement (as amended) has been prepared
rather than amending the 1990 Concomitant Zoning Agreement as amended.
Table 1 (Exhibit F) summarizes the history of the concomitant agreement for the site and
summarizes the following: terms of the 1990 CZA; terms of Resolution 93-144; terms of the
applicant's request for amendment of the CZA; and the City staff recommendation regarding the
proposed new Concomitant Agreement.
The proposed Concomitant Agreement will supersede the 1990 Agreement as amended and will
result in the following actions summarized below and as described in detail in the proposed
Concomitant Agreement:
.
Elimination of reference to the 1989 building permit application filed with King County.
.
Elimination of the required 6O-foot landscape buffer and solid board fence, adjacent to
single-family zoning. No perimeter landscape buffer is required by code, as the proposed
single-family housing is compatible with adjacent existing and proposed single-family uses.
.
The 60-foot building setback requirement along Campus Drive will be replaced with buffer
open space tracts along the SW Campus Drive frontage that average approximately 45 feet
in width, as depicted on the preliminary plat map.
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 4
03-1O4311-00-UP/Doc ID 29917
EXHIBIT'~
PAGE~OF ~
II
.
Dedication of seven feet of right-of-way for Campus Drive along the property frontage and
frontage improvements to Campus Drive shall be designed and constructed as described in
the agreement.
.
Eliminate the 30-foot maximum building height requirement from the agreement; as this
standard is consistent with and repeats the 30-foot height regulation in FWCC.
.
Replace the maximum density 0[233 units on the 22.4-acre site (which equals I unit per
4,375 square feet of lot area), with a maximum of 114 single-family lots, each with a
minimum of 5,000 square feet.
.
Elimination of the 1990 provision requiring phased construction of no more than 100 units
per year.
.
Elimination ofthe 1990 provision requiring all units to be townhome/condominium type
units sold in condominium format, and allow development of 114 single-family units on
5,000 square-foot lots to be sold at market rate.
Clarify dedication, funding, and construction standards for 10thllth Avenue SW on the site
as depicted on the preliminary plat maps and as described in the agreement.
.
The proposed Concomitant Agreement under consideration constitutes an agreement that
modifies the permitted use on the property and sets development standards relating to project
mitigation, design standards, and development standards. As previously identified, the
agreement is being presented to the Hearing Examiner through the rezone process as required by
the 1990 CZA. Ultimately, the development standards contained within the agreement shall be
consistent with the standards for the Campus Crest preliminary plat. The agreement and the
preliminary plat are mutually inclusive, in that as proposed, they must both be reviewed and
approved or denied concurrently.
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
The following departments, agencies, and individuals were advised of this application.
A.
B.
C.
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; Department of
Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal
Way Public Schools. CDRC comments have been incorporated into this report where applicable.
All property owners within 300 feet of the site were mailed notices of the complete preliminary
plat application and Concomitant Zoning Agreement amendment request on November 15,
2003. The City also conducted other public notice on November 15, 2003, in accordance with
City code requirements.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and
all affected agencies, were notified of the proposed action and the City's environmental decision.
In addition, the site was posted and notice placed in the newspaper and on the City's official
notice boards.
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 5
03-104311-00-UP/Doc ID 29917
EXH I B 111--D--
PAGE--LOF --KL
III STATE ENVIRONMENTAL POLICY ACT
A.
The City of Federal Way issued a Mitigated Environmental Determination of Nonsignificance
(MONS) for the proposed action on September 29,2004. This determination was based on review
of information on file, including the environmental checklist, and staff evaluation of the
environmental checklist for Campus Crest preliminary plat, 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 MONS.
B.
No appeals of the environmental determination were submitted to the City.
IV ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Although the proposal is not a rezone, Section 8 of the 1990 CZA states: "the
agreement may be amended by the owners by filing an application therefore, which shall be
considered and heard in the same manner as a rezone of property." Therefore, pursuant to FWCC
Chapter 22, "Zoning," Section 22-488, the Hearing Examiner shall use the following criteria for the
requested CZA amendments:
(I) The City may approve an application for a quasi-judicial nonproject rezone only if it finds that:
a.
The proposed rezone is in the best interest of the residents of the City; and
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The site will be developed in accordance with all applicable City codes and
policies. Development of the site in accordance with the proposed agreement and proposed
preliminary plat, which provides detached single-family market rate housing is in the best
interest of residents of the City. The proposed new Concomitant Agreement and associated
preliminary plat will provide new housing opportunities for the public, assist in meeting the
City's responsibilities under the state Growth Management Act related to housing targets,
and will extend, interconnect, and provide infrastructure to support the proposed
development in accordance with the City code and Comprehensive Plan.
b.
The proposed rezone is appropriate because either:
1.
Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those changed
conditions, a rezone is within the public interest; or
The rezone will correct a zone classification or zone boundary that was inappropriate
when established;
2.
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The site conditions in the vicinity have changed since adoption of the original
CZA in 1990. First, the City of Federal Way has developed the adjacent BPA Corridor with
a multi-modal trail for public use. Second, Saghalie Middle School and Saghalie Park have
been constructed on 16 acres very near the subject property. The school and park
construction have resulted in roadway construction (SW 340th Street) that terminates at the
west side ofthe proposed Wynstone preliminary plat site, and will be extended to the west
side of the Campus Crest, upon development ofthe Wynstone site. Third, the adjoining
Staff Report to the Hearing Examiner Page 6
Campus Crest Concomitant Zoning Agreement Amendment ËxH1iBïT~
PAGE ~OF -UL-
Orchid Lane plat has extended lOth/12th Avenue SW adjacent to a portion of the Campus
Crest site. Finally, the building permit application for the townhome/condominium project
identified and referenced in the 1990 CZA agreement has expired.
c.
It is consistent with the Comprehensive Plan;
Staff Comment: The subject property is designated multiple-family in the 2002
Comprehensive Plan. The new Concomitant Agreement will result in single-family
development on the site. Single-family housing is permitted in the multiple-family land use
designation. In addition, the proposal would result in construction of a segment of the
I oth/lih Avenue SW corridor through the site, and extension of the east-west lOth Avenue
SW across the BPA corridor from Campus Highlands. Both the lOthllih Avenue SW
Corridor and the east-west lOth Avenue SW extension are identified in the 2002
Comprehensive Plan.
d.
It is consistent with all applicable provisions of the chapter, including those adopted by
reference from the Comprehensive Plan; and
Staff Comment: The proposed preliminary plat associated with the new Concomitant
Agreement is being reviewed for compliance with all applicable City code requirements.
The City's Community Development Review Committee has reviewed the proposal in
relation to zoning code requirements and regulations. As proposed and recommended by
City staff, the proposed new Concomitant Agreement and associated preliminary plat will
comply with all applicable codes and regulations.
e.
It is consistent with the public health, safety, and welfare.
Stciff Comment: The proposal is consistent with the public health, safety, and welfare, as it
provides for new single-family housing opportunities. In addition, the associated
preliminary plat includes construction of infrastructure necessary to serve the future
residents. The preliminary plat also provides for on-site open space, and fee-in-lieu of open
space as allowed by FWCc.
(2) The City may approve an application for a quasi-judicial project related rezone only if it finds
that:
a.
The criteria in subsection (c)(l) of this section are met; and
b.
The proposed project complies with this chapter in all respects; and
Staff Comment: The proposed preliminary plat associated with the new Concomitant
Agreement as recommended by City staff is being reviewed for compliance with all
applicable City Code requirements. The City's Community Development Review
Committee has reviewed the proposal in relation to zoning code and subdivision code
requirements and regulations. As proposed and recommended by City staff, the proposed
new Concomitant Agreement and associated preliminary plat will comply with all
applicable codes and regulations.
c. The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the vicinity of the subject property, and
StatfReport to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 7
03ÊOX1HiBITD2~17 P
PAGE .-10F --W-
Staff Comment: The proposed site plan minimizes adverse impacts on developed properties
in the area. The proposed Campus Crest single-family plat is adjacent to single-family
development across the BP A, and adjacent to the single-family portion of the Wynstone
preliminary plat to the west. The SEP A MDNS issued on September 29, 2004, includes
mitigation measures for traffic impacts, erosion impacts, and off-site transportation impacts.
d.
The site plan is designed to minimize impacts upon the public services and utilities; and
Staff Comment: The proposed Concomitant Agreement as recommended by staff allows for
single-family housing rather than the current CZA which allows only
townhouse/condominium format housing. The proposed Concomitant Agreement results in
a reduction in density on the site from 233 potential units to a maximum of 114 single-
family units on the site, and the proposal will result in less impact on public services and
utilities than would result under the existing CZA provisions and density allowance. The
proposal also includes construction of utility and roadway improvements commensurate
with the proposal and these improvements will mitigate impacts to public services and
utilities.
e.
The rezone has merit and value for the community as a whole.
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The new Concomitant Agreement, if approved, will result in development of
single-family housing in accordance with applicable City standards, rather than
townhome/condominium housing as currently permitted in the 1990 CZA as amended. The
proposal will include construction of required utility and roadway improvements. By
providing new development in accordance with FWCC standards including compliance
with open space provisions, payment of school impact mitigation and traffic mitigation
fees, providing market rate housing, and construction of utilities and roadway
improvements, the proposal has merit and value to the community as a whole.
v
FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds that:
1.
The application is for revision to a Concomitant Agreement between the City of Federal Way
and Polygon, for a 22.4-acre parcel of property known as the Campus Highlands Townhome
property, Parcel 7, located along the south side of SW Campus Drive at approximately the 700
block.
2.
The site is zoned RM-3600*. Single-family use on lots a minimum of 5,000 square feet are
permitted in the RM-3600 zone.
3.
The 1990 Conèomitant Agreement as amended allows only townhome/condominium housing on
the site and the agreement also contains development standards for the site pertaining to the
following: status of a 1989 building permit application at King County; landscape standards
abutting single-family zoning; building setbacks along Campus Drive; required improvements to
Campus Drive; building height; maximum density of233 units; phased construction; housing
type; and 10th/12th Avenue corridor dedication.
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 8
03-1 04311-00-UP/Doc ID 29917
EXHIBIT ---'L
PAGE-10F ~
4.
The 1990 CZA was amended in 1993 by City Council Resolution 93-144. The effect of
Resolution 93-144 was to modify terms of the 1990 agreement in regard to landscape buffering
adjacent to single-family zoning, and clarify provisions regarding timing and funding for the
construction of 10th Allenue SW.
5.
Pursuant to Section 8 of the 1990 CZA, the agreement may be amended by the owners by filing
an application therefore, which shall be considered and heard in the same manner as a rezone of
property.
6.
The Campus Crest preliminary plat application for the subject project (parcel 7) includes
development of the site with 114 single-family residential lots. Most of the terms of the 1990
CZA are inapplicable to the current proposal in respect to proposed single-family development.
In order to simplify and consolidate the agreement applicable to the subject property, a new
Concomitant Agreement superseding the 1990 Agreement (as amended) has been prepared
rather than amending the 1990 Concomitant Zoning Agreement as amended.
7.
The proposed Concomitant Agreement is being reviewed concurrently with the Campus Crest
preliminary plat application.
8.
If approved, the proposal will result in a new agreement that allows single-family use on the
property with 5,000 square-foot lots. In addition, the new agreement modifies and memorializes
terms ofthe agreement in regard to the following subjects: status of building permit application;
landscape standards abutting single-family zoning; building setbacks along Campus Drive;
required improvements to Campus Drive; building height; maximum density; phased
construction; housing type; and lOth/lth Avenue corridor dedication and construction, as fully
described in the new Concomitant Agreement.
9.
The development standards of the proposed Campus Crest preliminary plat shall be consistent
with the standards contained in the agreement. The agreement and the preliminary plat are
mutually inclusive, in that as proposed, they must both be reviewed and approved or denied
concurrently.
10. An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this
proposed action on September 29, 2004. The City received no appeals of the SEP A
determination and the SEP A appeal period has expired.
11. The proposal has been reviewed for compliance with Federal Way City Code and the Federal
Way Comprehensive Plan. The proposal meets the decisional criteria for the rezone process in
FWCC Section 22-488 as discussed in Section IV above.
VI RECOMMENDA nON
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the new Concomitant
Agreement, subject to approval of the Campus Crest preliminary plat.
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 9
03-1 04311-00-UP/Doc ID 29917
EXHIBIT ----IL-
!:JA.GE. _--1-0F -1fL
VII LIST OF EXHIBITS
A.
B.
C.
D.
E.
F.
Master Land Use Application
Concomitant Agreement Revision Request, revised April 21, 2004
Draft Concomitant Agreement
1990 Concomitant Agreement
Resolution 93-144, with Hearing Examiner's Recommendation and Staff Report
Table I, Summary of Agreement History
Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been
provided to the Hearing Examiner.
TRANSMITIED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent - Triad Associates
Applicant
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 10
03-1 04311-00-UP/DocID 29917
EXHIBIT ------1L-
PAGE -1fl_OF -1/L
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE CAMPUS CREST PRELIMINARY PLAT AND
CONCOMITANT ZONING AGREEMENT FOR PARCEL 7,
FEDERAL WAY FILE NO's. 03-104293-00-SU and 03-10431l~O-UP.
WHEREAS, the developer, Campus Crest LLC, applied to the City of Federal Way for preliminary plat
approval to subdivide certain real property known as Campus Crest and consisting of 22.4 acres into 114
single-family lots generally south of SW Campus Drive at the 700 SW block; and
WHEREAS, the developer, Campus Crest LLC, applied to the City of Federal Way to modify the terms
and conditions of a 1990 Concomitant Zoning Agreement (as amended by Resolutions) applicable to the
subject property, to allow the subject property to be developed with single-family residential development and
clarify the status ofthe building permit application, landscape standards abutting single-family zoning, building
setbacks along Campus Drive, required improvements to Campus Drive, building height, maximum density of
233 units, phased construction, and 10th Avenue corridor dedication; and
WHEREAS, on September 29, 2004, an Environmental Mitigated Determination of Non significance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and
WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development
Services; and
WHEREAS, the Federal Way Hearing Examiner, on January 25,2005, held a public hearing concerning
the Campus Crest preliminary plat and Concomitant Zoning Agreement; and
WHEREAS, following the conclusion of said hearing, on February 8,2005, the Federal Way Hearing
Examiner issued a Report and Recommendation containing findings and conclusions, and recommending
approval of the preliminary plat of the Campus Crest preliminary plat subject to conditions set forth therein;
and
Res. #
, Page 1
EXHIBIT r
PAGE---L.OF ~
WHEREAS, following the conclusion of said hearing, on February 8,2005, the Federal Way Hearing
Examiner issued a Report and Recommendation containing findings and conclusions, and recommending
approval of the Campus Crest Concomitant Zoning Agreement; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of
the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 8 of the
1990 Concomitant Zoning Agreement and Section 22-488 et al of the Federal Way City Code to approve,
deny, or modify a concomitant zoning agreement pursuant to the rezone procedure; and
WHEREAS, on February 28,2005, the City Council Land Use/Transportation Committee considered
the record and the Hearing Examiner recommendation on the Campus Crest preliminary plat and Concomitant
Zoning Agreement, pursuant to Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, and voted to forward a recommendation for approval of the proposed Campus
Crest preliminary plat and Concomitant Zoning Agreement to the full City Council, with no changes to the
Hearing Examiner recommendations; and
WHEREAS, on March IS, 2005, the City Council considered the record and the Hearing Examiner
recommendations on the Campus Crest preliminary plat and Concomitant Zoning Agreement, pursuant to
Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1.
The findings of fact and conclusions of the Hearing Examiner's February 8,2005, Campus
Crest Preliminary Plat Report and Recommendation, and the findings of fact and conclusions of the Hearing
Examiner's February 8,2005, Campus Crest Concomitant Zoning Agreement Report and Recommendation,
attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted as the findings and
conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion
deemed to be a finding, shall be treated as such.
Res. #
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EXHIBIT --L-
PAGE-LOF ~
2.
Based on, inter alia, the analysis and conclusions in the Staff Reports and Hearing Examiner's
recommendations, and conditions of approval as established therein, the proposed subdivision makes
appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage
ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, play grounds, schools and school grounds, and all other relevant facts as are required by City code
and state law, and provides for sidewalks and other planning features to assure safe walking conditions for
students who walk to and from school.
3.
The public use and interest will be served by the preliminary plat approval and Concomitant
Zoning Agreement granted herein.
Section 2. Preliminary Plat Application Approval. Based upon the recommendation of the Federal Way
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, the Campus Crest preliminary plat, Federal Way File No. 03-104293-00 SU, is hereby approved,
subject to conditions as contained in the February 8, 2005, Report and Recommendation of the Federal Way
Hearing Examiner (Exhibit A).
Section 3. Concomitant Agreement Approval. Based upon the recommendation of the Federal Way
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, the Campus Crest Concomitant Agreement for parcel 7, Federal Way File No. 03-104311-00 UP, is
hereby approved, as contained in the February 8, 2005 Report and Recommendation of the Federal Way
Hearing Examiner (Exhibit B).
Section 4. Conditions of Approval Integral. The conditions of approval of the preliminary plat and
Concomitant Zoning Agreement are all integral to each other with respect to the City Council finding that the
public use and interest will be served by the platting or subdivision of the subject property. Should any court
having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the
proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat
shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of
any condition or conditions and conduct such additional proceedings as are necessary to assure that the
Res. #
, Page 3
EXHIBIT --E-
PAGE 3 OF-H-
proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors
as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence; clause, or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon completed execution of
the Campus Crest Concomitant Agreement.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS - DAY OF
,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED As To FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WIlli THE CITY CLERK:
PASSED By THE CITY COUNCIL:
RESOLUTION No.
EXHIBIT E
PAGE ~OF -H-
Res. #
, Page 4
CONCOMITANT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND CAMPUS CREST LLC FOR
DEVELOPMENT OF CAMPUS HIGHLANDS TOWN HOME PROPERTY (PARCEL 7)
JANUAR Y -' 2005
The City of Federal Way ("City") and Campus Crest LLC, ("Owner"), a Washington limited
liability corporation, co11ectively referred to herein as "the Parties", enter into the fo11owing
concomitant agreement ("Agreement") replacing an earlier concomitant agreement, changing the
allowed use under that earlier agreement, and defining the necessary right-of-way improvements
associated with the development of a parcel of property, specifically described below in Section 2
("Parcel 7").
WHEREAS, the City of Federal Way, Washington, a non-charter optional municipal code
city incorporated under the laws of Washington, has authority to enact laws and enter into
agreements to promote the public health, safety, and general welfare of its citizens and thereby
control the use and development of property within its jurisdiction; and
WHEREAS, a concomitant agreement was entered into between the City and the previous
owners, Polygon 2000 and Quadrant Corporation, in February 1990 regarding the zoning of
Campus Crest Property Parcel 7; and
WHEREAS, an additional amendment to the 1990 concomitant agreement via Resolution
93-144 altered the original conditions applicable to Parcel 7; and
WHEREAS, various tenns of the 1990 concomitant agreement as amended are no longer
applicable to the proposed use and development of Parcel 7; and
WHEREAS, the Owner desires to develop Parcel 7 in a manner different than what is
allowed in the 1990 concomitant agreement as amended and has initiated a discussion with the City
with respect to amending the 1990 concomitant agreement; and
WHEREAS, both Parties agree that a new Agreement is appropriate; and
WHEREAS, the City wishes to preserve its rights under the 1990 concomitant agreement as
amended, including development being restricted to residential use, predetennined buffer area,
maximum density requirements, and right-of-way improvements; and
NOW THEREFORE, in consideration of the mutual promises and obligations set forth
herein, it is hereby covenanted and agreed by and between the Parties hereto as follows:
1. Description of Agreement. This Agreement is a concomitant agreement that al1ows for a
change in the allowed use of certain property subject to a previous concomitant agreement, as well
as, development standards and conditions governing the use of the property. The Agreement
provides the developer with certainty regarding the local regulations and mitigation requirements
that will govern development [or a specified project. The concomitant agreement is a conJition to
and limitation upon the change of use of the property, if adopted by the City Council. That is, if the
allowed use is changed subject to concomitant agreement, its use and development is restricted both
EXHIBIT F.
PAGE .-L-OF --!-
by the regulations applicable to the underlying zoning classification and the provisions of the
concomitant agreement, and where development standards in the agreement are more restrictive,
they govern property development. The development of the property is conditioned and limited by
the concomitant agreement. This Agreement supersedes the 1990 concomitant agreement as
amended by Resolution 93-144 as it applied to Parcel 7.
2. Location. Campus Crest LLC is the owner of certain real property, King County tax parcel
numbers 192104-9008 and 192104-9043, situated in Federal Way, Washington, located along the
west side of SW Campus Drive south of the intersection at 10th Avenue SW ("Parcel 7"). Parcel 7
is more particularly described on Exhibit A attached hereto and incorporated herein by this
reference.
3. Project Description. The Project consists of development of 114 single-family lots as
depicted on the Development Plan, attached hereto as Exhibit B (the "Development Plan").
4. Concomitant Agreement. If the allowed use of Parcel 7 is changed from multi-family to
single-family by the Federal Way City Council, Owner and the City agree that Parcel 7 may be
developed only in accordance with the standards and mitigation set forth in the Agreement. Parcel
7 shall be developed as described in the Agreement, and as depicted in the Development Plan. The
allowable use of the property shall be limited to that described in the Agreement. All development
standards, including mitigation, identified in the Agreement shall apply to property development.
No development on Parcel 7 shall be inconsistent with the Agreement or City Code. Parcel 7 is
subject to the Agreement, and shall be developed only in accordance with the development
standards identified within the Agreement, including the Development Plan, unless and until the
Agreement is amended or rescinded, as authorized by the City.
5.
Development of Property.
5.1 Pennitted Uses. Owner covenants and agrees that it will limit any use of Parcel 7 to
single-family residences, as depicted in the Development Plan, attached as Exhibit B.
5.2 Relationship Between City Development Regulations and Development Standards
Identified in Agreement. Development Regulations include all provisions ofthe Federal
Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The
Agreement establishes site-specific development standards, including mitigation. Property
development shall be consistent with both development regulations and the development
standards identified in the Agreement. Where the development standards in the Agreement
are more restrictive, they shall govern development of Parcel 7, as specified herein.
6. Development Standards, Including Mitigation. The Project shall be consistent with all
specified development standards. Owner shall construct, install or implement, as part of Project
construction, all mitigation required by the Agreement.
6.1
Project Design and Site Configuration.
6.1.1 Pennitted Development. Owner agrees that development shall be of
single-family residences only. No other development will be allowed without an
amendment to this Agreement. EXH I B IT _L
2 PAGE - ~ OF---!t-
6.1.2 Buffer Open Space Tract. Owner agrees to provide an open space tract,
averaging 45 feet in width along SW Campus Drive, as depicted in the Development
Plan, attached as Exhibit B. City agrees that up to two percent (2%) of this tract will
qualify as buffer open space under FWCC 20-155.
6.1.3 Maximum Density. The maximum density for Parcel 7 shall be 114 single-
family lots, as depicted in the Development Plan, attached as Exhibit B.
6.2 Right-of-way Improvements. Owner shall perfonn, as part of Project construction
and prior to issuance of final plat approval unless otherwise noted, the following right-of-
way improvements described in the attached Exhibit C as required and approved by the
Director of Public Works.
6.2.1
lih Avenue SW. The portion of lih Avenue SW located within Parcel 7:
a. Dedicate 14 feet of Right-of-Way to the City. Right-of-Way dedication to be via
Statutory Warranty Deed.
b. Provide street improvements for the east side of the right-of-way: six-foot
planter strip with street trees and street lights, eight-foot concrete sidewalk, and
three- foot utility strip.
6.2.2
SW Campus Drive. SW Campus Drive, along Parcel 7 frontage:
a. Dedicate seven feet of Right-of-Way to the City. Right-of-Way dedication to be
via Statutory Warranty Deed.
b. Construct additional asphalt paving to widen SW Campus Drive to provide for a
full-width Section 'E' Roadway per City Standards, complete with concrete curb
and gutter, six-foot planter strip with street trees and street lights, eight-foot
concrete sidewalk, and three-foot utility strip.
c. Provide sufficient new roadway tapers and transitions from the widened paved
edge at the property boundary.
7. Other Project Review Processes. The Project will be subject to preliminary plat
approval, engineering plan review, final plat approval, and any other applicable review
processes. The final design of the buildings and other improvements, precise location of
building footprints, location of utilities, detennination of access points, and other design
issues win be detennined during that process and must be consistent with the Agreement
and the Development Plan.
8. Waiver and Mutual Release of Claims of Invalidity. The City and Owner acknowledge
and represent that the tenus of this Agreement have been jointly negotiated and that each party
enters into this Agreement voluntarily. Further, Owner and the City agree that this Agreement is
authorized under law and each party waives any claim that the Agreement is invalid or illegal. The
agreements and representations in this Section are material to this Agreement and are being relied
upon by both Parties.
3
EXHIBIT -!-
PAGE ~ OF ~
9.
General Provisions.
9.1 Binding on Successors.
9.1.1 The Agreement shall bind and inure to the benefit of the Parties and their
successors in interest, and may be assigned to any successor in interest to the Project
property.
9.1.2 This Agreement is intended to protect the value of, and facilitate the use and
development of, Parcel 7 and to protect the public health, safety, and welfare of the
City. Therefore, the covenants set forth herein shall be construed to and do touch
and concern Parcel 7 and the benefits and burdens inuring to Owner and to the City
from this Agreement shall run with the land and shall be binding upon Owner, its
heirs, successors, and assigns, and upon the City.
9.2 Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Washington. Venue for any action to enforce the terms of this
Agreement shall be in King County Superior Court.
9.3 Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the
invalidity of the application thereof to any person or circumstance, shall not affect the
validity of the remainder of this Agreement, or the validity of its application to other persons
or circumstances.
9.4 Authority. The City and Owner each represents and warrants to the other that it has the
respective power and authority, and is duly authorized, to execute and deliver this
Agreement and that the persons signing on its behalf are duly authorized to do so. Owner
further represents and warrants that it is the fee owner of Parcel 7, that it has authority to
agree to the covenants and provisions contained herein, and that there are no other persons,
entities, or parties with any fee interest in Parcel 7.
9.5 Amendment. This Agreement may be modified only by written instrument authorized
by the City Council and duly executed by the City Manager and Owner, and their successors
and assigns; provided, however, notwithstanding the provisions of this Agreement to the
contrary, the City of Federal Way may, without the agreement of Owner, adopt and impose
upon Parcel 7 restrictions and development regulations different than those set forth herein,
if required by a serious threat to public health and safety. Moreover, five years after the date
of the execution of the Agreement, the City may elect, without the agreement of Owner, to
apply development regulations in effect at that time to any development within the scope of
the Agreement that is not vested at that time, pursuant to the prior submittal to the City of a
complete building permit application.
9.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully
set forth herein.
4
EXHIBIT - L -
PAGE ~Of ---'-
9.7 Headings. The headings in this Agreement are inserted for reference only and shaH not
be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
9.8 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire
agreement of the Parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as expressly set forth herein. This Agreement does not
set forth aH conditions applicable to the Project to the extent that additional conditions may
be imposed as part of any permit issued by the City, as required by the Federal Way City
Code as determined by the discretion of the Directors of the Departments of Community
Development Services and/or Public Works.
9.9 Enforcement. Subject to the notice and cure provisions of this section, in the event
either party fails to satisfy any of its obligations under this Agreement, the other party shaH
have the right to enforce this Agreement by an action at law for damages or in equity for
specific performance. The Parties acknowledge that damages are not an adequate remedy
for breach by either party. In addition to the remedies set forth herein, in the event of a
material breach of this Agreement by Owner, and after notice to the Owner and an
opportunity for Owner to cure the breach as set forth below, the City may enforce this
Agreement under the enforcement provisions of the Federal Way City Code in effect at the
time of the breach, and/or it may terminate this Agreement and take action to amend the
Comprehensive Plan and zoning designation of the Parcel 7. No party shaH be in default
under this Agreement unless it has failed to perform its duties or obligations under this
Agreement for a period of thirty (30) days after written notice of default from the other
party. A notice of default shaH specify the nature of the alleged default and the manner in
which the default may be cured. If the nature of the default is such that it cannot be
reasonably cured within thirty (30) days, then a party shaH not be deemed in default if the
party commences a cure within thirty (30) days and, thereafter, diligently pursues
completion of the cure.
9.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages
resulting from a breach thereof, the prevailing party as determined by the court, shaH be
entitled to recover its reasonable attorneys' fees.
9.11 Police Power. Nothing in this Agreement shaH be construed to diminish, restrict or
limit the police powers of the City granted by the Washington State Constitution or by
general law. This Agreement is an exercise of the City's police powers, the authority
granted under RCW 36. 70B.170-.21 0, and other laws.
9.12 Recording; Assignment. The Agreement shaH be recorded with the Real Property
Records Division of the King County Records and Elections Department.
9.13 No Third Parties. The Agreement is made and entered into for the benefit of the
parties hereto and their successors and assigns. No other person or entity is an intended
third party beneficiary. No other person or entity shaH have any right of action under this
Agreement.
5
EXHIBIT' F
PAGE Ç~OF~
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year
indicated.
CITY OF FEDERAL WAY,
a Washington municipal corporation
CAMPUS CREST LLC
a Washington limited liability corporation
BY:
BY:
David H. Moseley, City Manager
Date:
Date:
ATTEST: This - day of January 2005.
N. Christine Green, CMC
Federal Way City Clerk
Approved as to Form
for City of Federal Way:
Approved as to Form
for Campus Crest LLC:
Patricia A. Richardson, City Attorney
Richard R. Wilson, Attorney
for Campus Crest LLC
ST ATE OF W ASH1NGTON
)
)ss.
)
COUNTY OF KING
On this day, personally appeared before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, to me known to be
the of Campus Crest LLC, a Washington corporation, the corporation that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he/she is authorized to execute said instrument on behalf of said corporation.
Given under my hand and official seal this - day of
,2005.
(notary signature)
K:\CD\Camplis Crest Concomitant
(typed/printed name of notary)
Notary Public in and for the State
0 f Washington.
My commission expires:
EXHIBJT F
PAGE \P OF~
6
EXHIBIT A
TO CONCOMITANT AGREEMENT
LEGAL DESCRIPTION OF PARCEL 7
7
EXHIBIT F
PAGE---=t-OF -'-
EXHIBIT B
TO CONCOMiTANT AGREEMENT
DEVELOPMENT PLAN
8
EXHIBIT F
PAGE-----Î-OF ~
EXHIBIT C
TO CONCOMITANT AGREEMENT
SECTION 6.2 RIGHT-OF-WAY IMPROVEMENTS
9
EXHIBIT Í-
PAGE~OF ~
I
.
SCALE: 1" = 100'
0 50 100 200
~ I
TRACT TABLE
"'ACT
A
B
C
D
E
yg .
R£CREA nON
RECR£A nON
ACŒSS
RECR£AnON
ACCESS
SO FT
2.000 SF
4.35JSF
3.72B SF
4,841 SF
"2# SF
GROSS SHE AREA
2ONING .., COIIPREHENSIVE
PUN ClASSlFlCA TlON
PROPOSED USE
NUMBER OF LOTS PROPOSED
PROPOSED DENSITY
SÐVAŒ DISPOSAL
WAÆR SUPPLY
SCHOOL
FIRE
BUILDING SE7HJlCK UNe
978.563 SF/22.46 AC
RM 3600 - CONCOIoIITANT ACR£Ð.tENT
REVISION
SlNG1L FAMILY Of:rACHED
114
5. I UNITS/ACRE
LAJŒHA IÆN. UT/UTY DISTRICT
LAJŒHAIÆN UT/UTY DIS11?ICT
FEDERAL WAY SCHOOL DlST NO. 210
KING COUNTY FIRE DIST NO. 39
RWNr, 20'
REAR; 5'
SIre 5'
OPEN SPACE CALCUlA TlON
REQUIRED OPEN SPAC£.'
(1sx OF CROSS SlÆ AREA)
REOUIRED USABJ.E OPEN SPAŒ
(lOX OF GROSS SlÆ AREA)
PROPOSED TOTAL USABI£ OPEN SPACE 19.953 SF/,~6 AC
RECREATION/1ANDSCAPE "'ACTS, A,B.O.K,& L 18.583 SF/,43 AC
OPEN SPACE !RAW, F, G 1,370 SF/,03 AC
(2% OF ",ACTS F AND G AREA COUNTFD IVWARDS
OPEN SPACE REQUIR£MENTS)
'46.- SF/J.37 AC
97,856 SF/2..25 AC
NOTES
,. INSTRUMENT A tION FOR 7HlS -10' WAS A ONE IJINjJÆ 7HEOOOUTE
AND .El£C1RONIC DISTANCE /JEASURfNG UNIT. PROCEDURES USED IN mls
SURIO' IŒ'RE FlÐ..D "'AIe<Sl; MŒ1ING OR EXCEEDING STANDI<RDS SET
BY WAC 332-130-090.
2. mE INFORA/ATION DEPICTED ON mlS MAP REPRESENTS THE R£5ULTS
OF A -10' MADE ON DAÆ INDICATED AND CAN ONLY BE CONSIDE1IED
AS INDICATING TIlE GENERAL CONDI1ION EXlSnNG AT mAT TIIotE.
3. EASEMENTS SHOMI Pm ælCACO TlTl£ REPORT ORDER NO. 7112636
DATED SEP1FN8ER S. 2003 AT &00 Au'
4. SANITARY S£IŒ'R AND STORM ORAINAGE: FAC/11TIES HAVE BEEN ASBUILT
mROUGH fIELD ML<SUREMENTS OF THE LOCA TlON OF THE ACCESS
STRUCTURES, THE TOP ELEVATION OF TIlE STRUCTURES. AND TIlE INVERT
ELEVATIONS OF ANY PIPES ENTERING OR LEAVING 1HE S",UC1URES. IT
IS STANDARD PRACnCE IV SHOW THE PIPES CONNECTING 1I£Sf:
S11?/JC1URES AS STRAIGHT UNES. THIS IS ONLY AN ASSUMPTION AND
THE ACTUAL LOCATION OF 1HE PlPIHG MUST BE I£R1F/ED IN mE FtEUJ
BY THE: CONSTRUCTION CON1RACTOR PRIOR IV ANY CONSTRUCnON.
5. UNDERGROUND UTlUnES II£RE LOCATED BASED ON TIlE SURFACE
EVIDENCE OF UTIUTIES (PAINT MARKS. SAW CUTS IN PAIÆMENT,
COVERS. uos. ETc.) AND AS-BU1LT INFORMAtION PRO\1DED BY
THE UTIUTY PURVEWRS. THE: CON",ACTOR SHAI.L \£1ItFY mE
EXACT LDCAnON. Ð.EVATION AND SIZE OF ÐOSnNG UT/U1/ES
PRIOR TO CONS",UC1lON.
6. CONTOURS ARE BASED ON A DRAKING BY I.EROY S<H<IÐVRS AND
ENGINEERS SUPPt.EMEN1ED, IN SOIoIE AREAS; "'/H U/J/TED
TOPOGRAPHIC SURIIOWG BY Tl'JAD ASSOCIAÆS /HE LEROY
DRAtHNC JOB N/J/JlJER IS OOD647D AND 1HE DRAII1NC IS DATU>
5/18/2002. ROADWAY TOPOGRAPHY, U1tU1I£S. SOIL LOG MAPPING.
1RE£ SAMPlE PLOTS. SECTION SUBDf\1S1ON CON1ROI. AND THE:
CALCULATFD BOUNDARY HAVE BEEN PROvtDED BY TRIAD
ASSOCIAÆS UIUlTY PAINT MARKS MR£ PROIItD£D BY AC1Jl1N
JL""'" 5'
'-'---"'~
yo' !;
.-:Ý ',~SW="'ST I"
-'i ,~
~~Q",
~~->-
->-,
"-
'-
VICINITY MAP
Nor IV SCAlE
OWNERS
KJ.AK FE1JEJIAL WAY uc. C,AJ KI.AFF REALTY
SOD SHOKIE 8/.10. I #4
NORTH BROOK. .. 60062
(312) 36o-f234
DEVELOPER
:::'<MPUS CREST LtC
825 FJFIH A 1e.'UE; SUITE 202
K:FIJ<I.AN/), WA 98D.J3
('25) 202--3675
CQNTAC" 1oIIa/AEl. WALSH
PROJECT ENGfNEERIPlANNERI
5 URVEYOR/LAN DSCAPEARCH fTECT
"',<0 ASSOC"res
11814 115/H A\£NUE NE
KfF"<KU.ND, WA 98034
(+25) 821-8#8
(425) 821-3<81 (FAX)
CONTAC1O ROY E. l£KIS oR, PE
LEGAL DESCRIPTION
TriOSE PD/WONS OF THE NOR/HEAST QUARÆR OF THE NOR/HIlEST QUARtER AND
/HE SQU/HEASr QUARÆR OF THE NOR/HIlEST QUARÆR AI.L IN SEcnON f9,
IVIINSHIP 2f NORTH. RANGE: 4 EAST, "'lL4ME17E MERIDIAN. IN KING COUNTY,
WASHINGTON, SAID PORTIONS BÐNG MORE PARTICULARLY DESCRIBED AS FOLLOI'&
COIoIMENCING AT /HE IlEST QUARTm CORNER OF SAJD SECTION f9.
THENCE ALONG THE EAS~T CENIDIUNE OF SAID SEC1ION " SOU/H 88'58'22"
EAST f,282.94 FŒT ro 1HE SO/1/HIlEST CORNER OF TIlE SOU/HEAST QUARÆR
OF SAID NORlHWESr OIJARffR;
THENCE ALONG /HE IlEST UNE THEREOF NOR/H Df73"f2" EAST 202.55 FEET TO
THE NOR/HllESffRLY UNE OF /HAT CERTAlN EASEMENT GRANTED TO THE: UNITED
STATES OF AMERICA FOR Ð.ECTRICAL ",ANSIoIISSION UNES BY DOCUMENTO
R£CORD£D UNDER RECORDING NU/J8ERS 3>94572. 3258849 AND 5029580. IN KING
COUNTY. WASHINGTON AND 1HE TRUE POINT OF BEGINNING;
THENCE CONTINlJ/NC ALONG SAID IIE5T LINE AND THE IlEST LINE OF SAID
NORTHEAST QUARffR OF SAID NOR/H14£ST QUARffR NOR/H Ot7ft2" EAST
1.502.83 FEET IV A POINT ON THE SOU7HERL Y MARCIN OF THE LANDS DESCRIBED
IN DEED REr:ORDED lJNOCR RECORDING NUMBER 8501170665, IN KING COUNTY,
WASHINGTON. SAID POINT 88NC ON A CVRVE CONCAVE IV /HE NORTHEAST
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PRELIMINARY PLANTING/TREE RETENTION PLAN
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CAMPUS CRES T
PROJECT NUMBERS 03-104293-00-SU,
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Carpi"'. Japonlca/Japane.e Hornbeam
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){y AVERAGE EXISTING SIGNIFICANT TREES
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Sallx .ltchen.I./Slti<a WIllow
ASSUMED NUMElER OF SIGNIFICANT TREES
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PROPOSED NUM!3ER OF REPLACEMENT TREES, 43Ø
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CITY OF'tV,,¡ ""Wlkl""';7
Federal Way
MEMORANDUM
February 22, 2005
RE:
Jack Dovey, Chair
Land U se/Transportation Committee
Lori Michaelson, AICP, Senior ~
David ~anager
Colella Estates Final Plat Application
Federal Way File No. 04-l03l07-00-SU
To:
FROM:
VIA:
MEETING DATE:
February 28, 2005
I.
RECOMMENDATION
Staff recommends that the Land Use/Transportation Committee forward to the City Council
a recommendation approving the Colella Estates Final Plat Resolution.
II.
SUMMARY OF ApPLICATION
The applicant requests final plat approval for Colella Estates, a combination cluster subdivision
and conventional subdivision including 86 residential single-family lots on approximately 59
acres. Lot sizes range from 7,200 square feet (SF) to 13,538 SF, with average lot sizes of 7,500
SF in the cluster portion and 8,000 SF in the conventional portion. The Colella Estates
subdivision is located in the northwest portion of the City between SW 309th Street and SW
3l6th Street, at 30th and 27th Avenues SW, with the majority oflots located north of SW 31th
Street.
The conventional subdivision portion of the site is zoned Single Family Residential-RS 7.2, and
the cluster portion of the site is zoned Single Family Residential-RS 15.0. Pursuant to Federal
Way City Code (FWCC) Chapter 20, "Subdivisions," Section 20-136, the City Council may
approve the final plat application only if all criteria of FWCC § 20-136(b) are met. Findings and
conclusions contained in the attached staff report to the City Council and referenced in the
attached resolution indicate that the plat has been constructed, or financially secured pursuant to
FWCC § 20-135, in accordance with the approved preliminary plat, and the applicable FWCC
requirements.
III. REASON FOR COUNCIL ACTION
The final decision for final plats rests with the City Council in accordance with FWCC § 20-
l36(b). Bringing this matter before the City Council Land Use/Transportation Committee for
review and recommendation prior to the full Council is consistent with how land use matters
are currently processed by the City.
IV. PROPOSED MOTION
I move that the Land Use/Transportation Committee forward to the City Council, and place
on the March 15,2005, City Council consent agenda, a recommendation approving the
Colella Estates Final Plat Resolution.
ApPROVAL OF COMMITTEE REpORT
Jack Dovey, Chair
Michael Park, Member
Eric Faison, Member
Colella Estates Final Plat Application
Land Use/Transportation Memorandum
File #04-103107-00-SU / Doc. J.D. 30452
Page 2
... CITY OF
~. Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT
Request for Final Plat Approval
I.
COLELLA ESTATES FINAL PLAT
Application No. 04-1O3107-00-SU
RECOMMENDA nON
The City of Federal Way staff has reviewed the final plat of Colella Estates for compliance with
preliminary plat conditions and all applicable codes and policies, and recommends approval of the
final plat application.
II. GENERAL INFORMA nON
Date:
Request:
Description:
Owner:
Agent:
Engineer:
Location:
February 22, 2005
Request for City Council approval of the Colella Estates final plat application,
pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions."
Colella Estates is a subdivision of approximately 59 acres into 86 single family
residential lots (Exhibit A, Final Plat Map). The 86-lot subdivision encompasses 42
lots in a conventional subdivision, and 44 lots in a cluster subdivision, pursuant to the
City's subdivision code as vested. The conventional lots are located generally within
the southeast portion of the overall site and the cluster lots are located generally
within the northerly portion of the site. The subdivision sets aside 57 percent of the
total 59-acre site (or 33.61 acres) in permanent conservation and usable open space.
SBI, LLC Land Development
PO Box 73790
Puyallup, W A 98373
Kurt Wilson, SBI, LLC Land Development
Same as above
Touma Engineers & Land Surveyors
6632 South 191st Place, Suite E-102
Kent, W A 98032
The site is located in the northwest portion of the City, between SW 309th Street and
SW 316th Street, at 30th and 27th Avenues SW, with the majority of the lots located
north of SW 31th Street, in Section 12 Township 21 North, Range 3 East W.M.
(Exhibit B, Vicinity Map).
Site Access:
Access to the subdivision site has been provided by extending existing streets,
including 30th Avenue SW, 27th Avenue SW, SW 31th Street, and SW 315th Street,
and by constructing new public streets within the plat, including SW 309th Street,
SW 31 Oth Street, and SW 311 th Street.
Sewage
Disposal:
Lakehaven Utility District
Water
Supply:
Lakehaven Utility District
Fire
District:
King County Fire District No. 39
School
District:
Federal Way Public School District No. 210
Report
Prepared By: Lori Michaelson, AICP, Senior Planner
III. HISTORY AND BACKGROUND
The Colella Preliminary Plat was granted approval by the Federal Way City Council on January 7,
2004, per City Council Resolution #04-407. Attached are the Collella Estates preliminary plat
resolution and preliminary plat map (Exhibits C and D, respectively).
As noted above, the 59-acre Colella Estates site contains both a conventional and a cluster
subdivision, pursuant to the City's subdivision code.! A 13.86-acre portion of the site is zoned RS
7.2 and approved for a conventional subdivision. The remaining 45 acres is zoned RS 15.0 and
approved for a cluster subdivision. The conventional portion includes Lots #1 - #42 and the cluster
portion includes Lots #43 - #86. Lot sizes in the conventional portion range from 7,200 square feet
(SF) to 13,538 SF, with an average lot size of approximately 7,500 SF. This meets or exceeds the
minimum lot size of 7,200 SF as required by the underlying zoning. Lots sizes in the cluster portion
range from 7,500 to 10,200 SF, with an average lot size of approximately 8,000 SF. This meets and
exceeds code provisions for reducing lot sizes in cluster subdivisions (FWCC § 20-154).2 The
number oflots in the cluster subdivision (44) also confonns to the density provisions of the
subdivision code by not exceeding the number of lots that would otherwise be allowed for a
conventional subdivision ofthe same gross land area, or 85 10ts.3
I The Colella Estates plat is vested to a previous subdivision code which was in effect on June 30, 1999, the date of complete
preliminary plat application.
2 Pursuant to the subdivision code to which the plat is vested, lots in cluster subdivisions may be reduced in size by up to half of
the underlying minimum lot size, but in no case smaller than 3,600 square feet.
3 The total number oflots permitted is calculated by subtracting required open space (15%) and streets (20%) from the gross land
area, then dividing by the minimum lot size of the underlying zoning district.
Colella Estates Final Plat
Final Plat Staff Report
File #04-103107-00-SU! Doc. J.D. 30449
Page 2
The owner applied for final plat approval on August 4, 2004. At this time, all required plat
infrastructure improvements have been completed or are financially secured, in accordance with
approved engineering and landscape plans, and the subdivision code requirements for plat expiration
and completion of plat improvements.4 Unfinished improvements that are bonded and must be
installed within six months of final plat approval include landscaping (site-wide); improvements to
usable open space tracts, such as playground equipment, benches, and informal trails; installation of
remaining required street lights; sign age for sensitive areas; signage at the northerly terminus of 30th
Avenue SW indicating future street extension; and bollards to block vehicle access to mid-block
pedestrian pathways.
The final plat map (Exhibit A) reflects certain minor changes from the preliminary plat (Exhibit D).
Principally, the changes affected the locations of seven lots and some aspects of usable open space.
The changes were driven by Condition #11 of preliminary plat approval, whereby construction of
seven lots located near the Joe's Creek slope was prohibited until completion of a five-year
geotechnical monitoring period and assurance of no adverse impact to the slope resulting from storm
water migration from the adjacent infiltration pond (Tract D). Condition #11 also noted that the
applicant may seek alternative designs to eliminate the need for the condition. Therefore, the
applicant relocated the seven "at risk" lots to areas that are unencumbered by geotechnical concerns,
with the conCUITence of the geotechnical engineer. Five of the seven lots were moved to adjacent
blocks within the cluster portion of the plat (at SW 309th/310th/and 311 th Streets), and two were
moved to the conventional/southerly most portion of the plat (along 30th Avenue SW).
Consistent with the approved preliminary plat, the final plat maintains 57 percent ofthe 59-acre site, or
33.61 acres, in total open space. This significantly exceeds the 15 percent open space requirement for
the plat, or 8.88 acres. Eight of the total 33.61 acres is maintained in usable open space interspersed
across the site, including about six acres in play areas (Tracts L, C, F, and a portion of Tract G) and the
remaining two acres in an extensive system of formal and informal pedestrian pathways and trails. In
addition, Tracts Land C will be improved with structured playground equipment, sport court, and
benches, and additional benches will be provided at various locations along the trails.
Although the above-noted relocation of seven lots resulted in a slight reduction of total usable open
space as required and approved, from 8.8 acres to 8 acres,s the P ARCS Director approved the
changes6 as meeting the recreational needs of residents and in fact improving the open space plan.
Specific changes to usable open space resulting from relocating the seven "at risk" lots include the
addition of a large, usable tract in the cluster portion of the plat (Tract L), and redesign of usable
open space in the area south of South 314th Street (Tract E). The P ARCS Director determined that
these changes improve the previous plan by adding a major, centrally-located play area in proximity
to the cluster lots. The director also deemed the Tract E open space to be sufficient to serve the lots
in that area,? and to be more suitably located and sized for usable open space, given its new location
(away from a street comer) and reconfiguration (from an irregular shape to a rectangle shape).
4 FWCC § 20-131, "Duration of Approval," provides that the preliminary plat shall expire unless plat improvements are
substantially completed within five years of preliminary plat approval. FWCC § 20-135, "Improvements-Completion or
Guarantee," requires final plat improvements to be complete or otherwise secured for completion within six months of final plat
approval.
sA total of 8.8 acres of usable open space is required for the plat which includes 6.7 acres (15%) for the 45-acre cluster portion
and 1.4 acres (10%) for the 13.86-acre conventional portion; however, open space category percentages can be modified by the
Parks Director pursuant to FWCC § 20-155.
6 FWCC § 20-155 allows the Parks Director to alter the open space category percentage requirements based on certain criteria,
provided the total combined amount of all on site open space categories is not less than 15 percent of the gross land area of the
subdivision site.
7 Tract E contains .33 acres of usable open space in close proximity to the adjacent Lots #1-6.
Colella Estates Final Plat
Final Plat Staff Report
File #04-103107-00-SU / Doc. J.D. 30449
Page 3
The changes to the final plat are minor changes that do not affect the principle components of the
approved preliminary plat, including the number of lots, lot design, minimum lot size, access,
vehicle and pedestrian circulation, right-of-way improvements, surface water facilities and utilities,
clearing and grading, or adequate open space. The relocation of the seven "at risk" lots to
"buildable" areas of the site is a more efficient and predictable use of land and construction
resources. The open space changes have been reviewed and approved by the P ARCS Director.
Pursuant to RCW 58.17.110 and FWCC § 20-136, the City Council is charged with detennining
whether: 1) the proposed final plat is in substantial confonnance to the preliminary plat and to all
conditions of preliminary plat approval; 2) the subdivision meets the requirements of all applicable
state laws and local ordinances that were in effect at the time of preliminary plat approval; 3) all
taxes and assessments owing on the property have been paid; and 4) all required improvements have
been made or sufficient security has been accepted by the City.
City of Federal Way staff has reviewed the Colella Final Plat for compliance with preliminary plat
conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions
have been met or are financially secured as allowed by FWCC § 20-135. A proposed resolution of the
City of Federal Way to approve the final plat of Colella is enclosed (Exhibit E).
IV. COMPLIANCE WITH SEP A CONDITIONS
The following lists the SEP A conditions of the Mitigated Environmental Detennination of
Nonsignificance (MDNS) issued on May 24, 2003, for the Colella Estates Preliminary Plat. As noted
in the associated staff responses, all SEP A conditions of approval have been met.
1.
As required by the Public Works Director, prior to final plat approval, the applicant shall
prepare and submit to the City a monitoring plan, prepared by a qualified professional, to
monitor any increase in groundwater or seepage, or slope movement within the Joe's Creek
ravine associated with the Tract D infiltration pond. At a minimum, the plan shall include
perfonnance goals and objectives, detailed monitoring and reporting activities, and a
monitoring timeline. No development of Lots 68 - 74 (above Joe's Creek) shall be allowed
until the monitoring is complete and the buildability of the lots is detennined, along with any
additional mitigation measures that may be required for lot development and/or stonn facility
retrofit and/or associated environmental compliance as applicable. The lots will be detennined
buildable if the monitoring plan substantiates that the development will have less than a 25
percent chance of failing by collapsing, or becoming dangerous and/or uninhabitable within a
50 year time period due to slope movement. The monitoring program shall commence after the
drainage basin serving Tract D is 80 percent built-out and shall continue for three to five years,
as detennined by the City depending on monitoring results, and shall include at least two wetter
than nonnal winters. Pursuant to the FWCC, the City will retain a qualified professional at the
applicant's expense to review the plan and monitoring and reporting results. In addition, prior
to issuance of any building pennit on the subject lots, the City may require the applicant to
enter into an agreement releasing and indemnifying the City from and for any slope-related
damage or liability.
Colella Estates Final Plat
Final Plat Staff Report
File #04-1 03 1O7-O0-SU / Doc. \.0. 30449
Page 4
Staff Response: This condition has been met by relocating the seven "at risk" lots to positions
within the plat that are outside of any areas of geotechnical concern, with the concurrence of
the applicant's geotechnical engineer, and where home construction can proceed concurrent
with the overall plat.
2.
As required by the Public Works Director, in order to mitigate identified project-related impacts
to the City's transportation network, prior to final plat approval the impacted Transportation
Improvement Plan (TIP) projects listed below must be constructed; or in lieu of constructing
the improvements the applicant may voluntarily pay the project's pro-rata share contribution,
calculated in the amount of $53,600.
I)
South 288th Street at SR 99 - Add left-turn lanes on South 288th Street, 18th Avenue
South, and interconnect to Military Road.
SR 99: South 284th Street to SR 509 - Add HOV lanes, second southbound left turn lane
at South 288th Street, install raised median, and install a signal at SR 509 at Redondo
Way South with interconnect to 11th Place South.
South 320th Street at 1 st Avenue South - Add second northbound and westbound left-
turn lanes, westbound right-turn lanes, and widen 1 st Avenue South to five lanes to
South 3 16th Street.
South 320th Street: 8th Avenue South to SR 99 - Add HOV lanes, install raised median,
underground utilities, and illumination.
2)
3)
4)
Project generated P.M peak traffic
Fair share contribution = ----------------------------------------------- x TIP project cost
Projected Total P.M. peak traffic
Colella Estates TIP Project Proportional Share Calculation
TIP Project Description Factor* TIP Cost 2003 Site Gen. Share % Share $
Enterinl!: Vol. Trips (PM)
S 288th St @ SR 99 100% $1,725,000 4,555 13 0.29% $4,900
SR 99: S 284th St - SR 509 100% $9,632,000 3,868 13 0.34% $32,400
S 320th St. @ 1st Ave S 100% $2,760,000 4,692 16 0.34% $9,400
S 320th St: 8th Ave S - SR 99 50%* $6,191,000 4,502 10 0.22% $6,900
Total Pro-rata Mitigation' = $ 53,600
*Note: Site generated trips only impact half ofthe project length, therefore TIP cost was reduced by 50%
Staff Response: This condition has been met. The applicant has voluntarily paid the in-lieu-of
pro-rata share contribution of $53,600.
3.
As required by the Public Works Director, in order to mitigate adverse traffic impacts to local
neighborhood streets, a total of six speed humps shall be constructed as part of the required
infrastructure improvements for the plat; two on SW 31 th Street, two on SW 315th Street, and
one each on 26th Avenue SW and 2ih A venue SW. A detennination of final speed hump
locations will be made by the City's Public Works Director during engineering plans review of
Colella Estates Final Plat
Final Plat Staff Report
File #04-103107-oo-S0 / Doc. J.D. 30449
Page 5
v.
plat infrastructure improvements. The applicant shall design the speed humps to meet Federal
Way and all applicable standards and shall construct them prior to final plat approval in
accordance with City-approved engineering plans.
Staff Response: This condition has been met. At this time, a total of nine (9) speed humps
have been installed in the adjacent neighborhood. Prior to plat construction, four were installed
by the City as part of the Neighborhood Traffic Safety Program. The Public Works Director
determined that neighborhood traffic safety concerns would be adequately addressed by the
applicant installing a total of five speed humps during plat construction (in addition to the four
already installed by the City), and setting aside $20,000 for possible additional future measures
based on the "after-study" required by Condition #15 of preliminary plat approval (addressed
below). At this time the applicant has installed the required five speed humps at appropriate
locations as determined by the Director, and also met Condition #15.
COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS OF ApPROVAL
The following lists conditions of preliminary plat approval as referenced Federal Way City Council
Resolution #04-407 (Exhibit C). As noted in the associated staff responses, all required
improvements have been completed or bonded per code, inspected, and approved by the City.
1.
Prior to the City's approval of engineering plans, all construction-related recommendations of
the applicant's geotechnical report and conditions of preliminary plat approval shall be
reflected on applicable construction drawings.
Staff Response: This condition was met, as all applicable geotechnical conditions were
reflected on the approved engineering plans and drawings.
2.
As required by the Directors of Community Development and Public Works, no grading or
clearing activities shall occur on the site between the dates of October 1 st and April 30th, in
order to prevent potential erosion impacts to steep slopes and/or sedimentation impacts to
adjacent major streams.
Staff Response: This condition was met. All clearing and grading activity associated with plat
infrastructure improvements was completed by October 1,2003, following implementation of
all erosion control measures as required by the approved engineering plans.
3.
Prior to final plat approval, the plat map shall be revised to include a text note stipulating that
erosion control plans are required for construction of each individual lot. Any additional
recommendations related to future home construction, as may be identified by the on-site
geotechnical engineer during plat construction, shall be added to the plat map prior to final plat
approval.
Staff Response: This condition has been met by including the required note (Note #1) on the
final plat map. No additional geotechnical recommendations were identified by the
geotechnical engineer during plat construction to be applied to the final plat.
4.
Prior to final plat approval, a text note shall be added to the plat map indicating that maximum
lot coverage is 50 percent for lots zoned RS 15-0, and 60 percent for lots zoned RS 7.2.
File #04-103107-00-S0 / Doc. LD. 30449
Page 6
Colella Estates Final Plat
Final Plat Staff Report
Staff Response: This condition has been met by adding the required note (Note #2) to the final
plat map.
5.
Prior to final plat approval, the applicant shall submit a final landscape plan, prepared by a
licensed landscape architect, addressing all landscaping within plat boundaries; including open
space tracts, slope vegetation, revegetation of disturbed stream buffer areas, visual screening of
storm drainage tracts, and street trees, for review and approval by the Directors of Community
Development; Public Works; and Parks, Recreational, and Cultural Services (PARCS).
Prior to submittal to the City, the landscape plan shall be reviewed and signed by a geotechnical
engineer and shall reflect all applicable recommendations contained in the applicant's
geotechnical report (Exhibit X), and shall be reviewed and signed by a qualified wetland
biologist and shall reflect all applicable recommendations contained in the applicant's Wetland
Assessment and Stream Buffer Mitigation Plan (Exhibit X). Pursuant to FWCC § 22-1286(d)(2),
§ 22-1243, § 22-1313(3), and § 22-1358(e)(1), the City may require the applicant to pay for the
services of a geotechnical engineer and/or wetland biologist to review plans, provide
recommendations, and conduct inspections and/or monitoring on behalf of the City, as
determined by the Community Development Director.
Staff Response: This condition has been met by submitting a final landscape plan that
addressed all requirements established in the condition. At this time, the landscape plan has
been approved by the City; bonded pursuant to FWCC § 20-135; and must be installed within
six months of final plat approval. Any additional review by a geotechnical engineer or wetland
biologist, as authorized by the cited codes, will be determined upon landscape inspection.
6.
Prior to final plat approval, the applicant shall submit a final open space plan depicting the
location and design of playground equipment, for review and approval by the Directors of
Community Development and P ARCS. As determined based on this review, the City may
require street signage regarding notification of park area(s) if located near a street curve with
limited sight distance, and/or the City may require a raised and marked pedestrian pathway for
pedestrian safety.
Staff Response: This condition has been met by submitting the required open space plan,
which was reviewed and approved by the Directors of Community Development and PARCS.
The applicant's approved usable open space plan includes a full size sport court (in Tract L),
"tot lot" (in Tract C), and benches interspersed in play areas and along trails. In addition, staff
determined that the play areas are sufficiently visible to not require any additional pedestrian
safety measures beyond the right-of-way improvements as installed.
7.
Prior to final plat approval, as required by the Public Works Director, the plat map shall be
revised to include a text note stipulating that any open space tract owned by homeowners and
improved as required by the City's mid-block pedestrian standard shall be permanently
maintained per the constructed standard, with no obstructions or alterations thereto except
maintenance.
Staff Response: This condition has been met by adding the required note (Note #3) to the plat
map.
8. Prior to final plat approval and recording, as required by the Public Works Director, the plat map
shall be revised to include a text note stipulating that any landscaping or fencing within private
File #04-103107-00-50 / Doc. J.D. 30449
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Colella Estates Final Plat
Final Plat Staff Report
yards and within common open space where abutting any City-required mid-block pedestrian
pathway, shall not obscure views into the pedestrian pathway for safety purposes.
Staff Response: This condition has been met by adding the required notes (Note #4) to the
final plat map.
9.
As required by the Public Works Director, construction plans shall reflect Department of
Ecology discharge standards for both class AA and Class A surface waters, as follows,
"Turbidity shall not exceed 5 NTU over background turbidity when the background turbidity is
50 NTV or less, or have more than a 10 percent increase in turbidity when the background
turbidity is more than 50 NTU." The applicant is required to meet this standard for all surface
water discharges into Lakota and Joe's Creek during construction and until at least 80 percent
of available lots are fully built upon and stabilized. In order to ensure compliance with this
standard, the applicant is required to provide pre-disturbance monitoring values for background
turbidity on both creeks, and provide monitoring on a regular basis (storm event dependant)
during construction and as required by the City.
Staff Response: This condition was met during plat construction by implementing a City-
approved monitoring plan, which continues to apply to the installation of remaining final plat
improvements. Seasonal construction limits also continue to apply to the remaining plat
improvements, and will help to control any erosion or surface water runoff-related concerns.
Any concerns about storm drainage discharge to Joe's and Lakota Creek during individual
home construction will be addressed during review of erosion control plans for the individual
lots (as required by Condition #1, above).
10. As required by the Public Works Director, the Tract "0" detention pond shall be designed in
accordance with the "Resource Stream Protection" requirements of the 1998 King County
Surface Water Design Manual (KCSWDM) or as otherwise approved by the Public Works
Director.
Staff Response: This condition has been met by designing the Tract "0" detention pond in
accordance with the condition and as reflected on approved engineering plans.
11. As required by the Directors of Community Development and Public Works, prior to final plat
approval, Lots #68 through #74 shall be converted to an open space tract, with an associated
text note stipulating that any subdivision, sale, or development of any or all of the tract area is
prohibited, until completion infiltration monitoring for Tract "D," as required by the City's
May 24, 2003 MDNS, and a determination of build ability is made by the City. In the interim,
such area shall not be sold by the developer, shall be stabilized with hydroseeding, and be kept
reasonably free of invasive vegetation. Alternatively, the applicant may propose an alternative
design that eliminates the infiltration impact, as documented in a geotechnical report, and if
City staff concurs with the alternative and determines it to be consistent with preliminary plat
approval, and if approved by Council, all or some of these lots could be platted for sale and
home construction.
Staff Response: As described under "History and Background" above, this condition has been
met by relocating the seven lots to areas not subject to geotechnical monitoring and converting
the area to permanent usable open space.
Colella Estates Final Plat
Final Plat Staff Report
File #04-103107-00-S0 / Doc. 1.0. 30449
Page 8
12. As required by the Director of Public Works, prior to final plat recording, the applicant shall
install signage at the north terminus of 30th Avenue SW, identifying the street for future
connection.
Staff Response: This condition has been met by bonding for this improvement, with
installation required within six months of the final plat approval.
13. All on site fencing associated with plat construction is subject to the City's final review an
approval of design, location, and any screening. Fencing shall allow for the migration of small
animals. Any chain link fencing, if approved by the City, shall be vinyl coated black or green,
and shall be screened with vegetation.
Staff Response: This condition has been met through installation of appropriate fencing.
Black, vinyl coated chain link fencing has been installed along the top of the Joe's Creek slope,
and split-rail fencing has been installed along the wetland buffer. Pursuant to the landscape
plan, as approved and bonded, both fences will be screened with vegetation and the landscaping
must be installed within six months of final plat approval.
14. Rockeries and retaining walls associated with plat construction must reflect residential-scale,
design sensitive materials and landscaping where they are visible from adjacent residences or
usable open space.
Staff Response: This condition has been met. The only retaining wall visible to future
residences is at the south end of the Tract "L" open space. It is a rockery wall as typically
utilized in residential development and does not exceed eight feet in height. Native evergreen
trees to screen the rockery will be installed pursuant to the landscape plan, as approved and
bonded, and to be installed within six months of final plat approval.
15. As proposed by the applicant with the City's concurrence, the applicant will address potential
future traffic impacts to local neighborhood streets by performing a neighborhood traffic "after
study," to be performed when 75 percent of the buildable lots are occupied, and to set aside
$20,000 to be used to install additional traffic calming measures that may be identified by the
study, as required by the Public Works Director.
Staff Response: This condition has been met by the applicant submitting $20,000 to the City
for future traffic calming measures as may be identified pursuant to the "after study."
VI. FINAL PLAT DECISIONAL CRITERIA
Pursuant to FWCC § 20-136, if the City Council finds that the following criteria have been met, the
City Council may approve the final plat for recording.
1.
The final plat is in substantial conformance to the preliminary plat.
Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA
have been met, and the final plat substantially conforms to the preliminary plat as approved and
with minor reconfigurations thereto.
Colella Estates Final Plat
Final Plat Staff Report
File #04-1 03 1 07-O0-SU I Doc. !.D. 30449
Page 9
2.
The final plat is in conformity with applicable zoning ordinances or other land use controls.
Staff Response: This criterion has been met. The conventional/cluster plat meets applicable
zoning standards, as vested, pursuant to FWCC § 20-151 through 20-157, including subdivision
and lot design, size, density, open space, and pedestrian and bicycle access. The cluster plat
meets the intent and purpose of cluster subdivisions by preserving 57 percent of the 59-acre site
in open space, including conservation tracts for steep slopes and an on-site regulated wetland
and buffer; and usable open space as required to meet the recreational needs of residents. All
required plat infrastructure improvements have been installed or bonded pursuant to FWCC §
20-135, and must be constructed within six months of final plat approval. As provided in
FWCC § 20-133, maintenance bonds are in place for the installed improvements.
3.
That all conditions of the Hearing Examiner and/or City Council have been satisfied.
Staff Response: This criterion has been met as documented in the staff comments above.
4.
That the public use and interest shall be served by the establishment of the subdivision and
dedication by determining if appropriate provisions are made for, but not limited to, the public
health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, and shall consider all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for students who only
walk to and from school.
Staff Response: This criterion has been met. The final plat is consistent with applicable vested
zoning and subdivision regulations and ensures the public health, safety, and welfare is
protected. The plat infrastructure has been installed, with remaining required improvements
consisting only of landscaping, open space improvements, and similar improvements, and
bonded pursuant to FWCC 20-135. The completed infrastructure improvements as installed
include safe walking routes to school; preservation of wetlands and buffers; on site recreational
open space with play equipment; drainage system installation; water system installation; sewer
system installation; and street improvements, including curb, gutter, sidewalks, street trees,
street lights, and signage.
5.
That all required improvements have been made and maintenance bonds or other security for
such improvements have been submitted and accepted.
Staff Response: This criterion has been met. As noted above, all required infrastructure
improvements have been completed or bonded, as verified by City staff; and water and sewer
service completed, as certified by Lakehaven Utility District in an e-mail dated February 18,
2005.
6.
That all taxes and assessments owing on the property being subdivided have been paid.
Staff Response: Prior to being recorded, the plat is reviewed by the King County Department
of Assessments to ensure that all taxes and assessments have been paid.
Colella Estates Final Plat
Final Plat Staff Report
File #04-103107-00-SU / Doc. J.D. 30449
Page 10
VII. CONCLUSION
Based on site inspections, review of final plat maps, construction drawings, and the project file, staff
has determined that the application for final plat approval for Colella Estates meets all platting
requirements ofRCW 58.17.110 and FWCC Chapter 20, "Subdivisions," Division 6, "Final Plat," as
vested. Plat infrastructure improvements have been fully completed or financially secured pursuant to
FWCC § 20-135. The project has been developed in substantial conformance with Resolution #04-
407. A recommendation for final plat approval and final plat resolution (Exhibit E) is therefore being
forwarded to the City Council.
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
8\12 x 11 Reduced Copy of Colella Estates Final Plat Map
V icinity Map
Resolution #04-407, City of Federal Way Preliminary Plat Approval of Colella Estates
Preliminary Plat
8\12 x 11 Reduced Copy of Colella Estates Preliminary Plat Map
Final Plat Resolution of the City of Federal Way, Washington, approving the Colella Estates
Final Plat
Exhibit D
Exhibit E
Colella Estates Final Plat
Final Plat Staff Report
File #04-103107-00-SU I Doc. J.D. 30449
Page I]
~.:::-~- ~.- --
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SEe.
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RESOLUTION NO. 04-407
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, W ASIDNGTON, APPROVING WITH
CONDITIONS, THE COLELLA ESTATES PRELIMINARY PLAT,
FEDERAL WAY FILE NO. 99-101323-00-SU.
WHEREAS, the owner(s), Soundbuilt Homes (SBI, LLC) and others through written authorization,
applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known
as Colella Estates Preliminary Plat, consisting of 59 acres, into eighty-six (86) single family residential
lots, in a combination conventional and cluster configuration, located north of Southwest 320th Street
along and north of 30th Avenue. SW (if extended); south and west of Dash Point Road; and between
"Lakota Creek" and "Joe's Creek", to the west and east of the site, respectively; in Section 12 Township
21 North, Range 3 East, W.M.; and
WHEREAS, on June 30, 1999, the preliminary plat application was determined complete by the
Department of Community Development Services, and vested to all City codes, policies, and regulations
in effect on that date; and
WHEREAS, a Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by
the Director of Federal Way's Department of Community Development Services pursuant to the State
Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and
WHEREAS, on May 24, 2003, a Mitigated Environmental Determination of Nonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and
WHEREAS, no comments or appeals responsive to the MDNS were submitted to the Department
of Community Development Services; and
WHEREAS, on November 4, 2003, the Federal Way Land Use Hearing Examiner held a public
hearing concerning the Colella Estates preliminary plat; and
Doc. 1.0. 2ì425 4 # 4
page. of Reso 04- 07
t(Q)~)f
WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued a written Report and Recommendation, dated November 18, 2003, containing his
findings and conclusions, and recommended approval of the preliminary plat of Colella Estates subject to
the conditions set forth therein; and
WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City
Council has jurisdiction authority and to approve, deny, or modify a preliminary plat and/or its
conditions; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, on December 15, 2003, the City Council Land Use and Transportation
Committee considered the record and the November 18,2003, recommendation by the Hearing Examiner
regarding the Colella Estates preliminary plat, and voted to forward a recommendation for approval of the
proposed Colella Estates preliminary plat, with no changes to the Hearing Examiner recommendation, to
the full City Council; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, on January 6, 2004, the City Council considered the record and the Hearing
Examiner's November 18, 2003, recommendation on the Colella Estates preliminary plat.
Now TIlEREFORE, TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Adoption of Findings and Conclusions.
I.
The findings and conclusions contained in the Land Use Hearing Examiner's November
18, 2003 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference,
are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed
to be a conclusion and/or any conclusion deemed to be a finding, shall be treated as such.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report and the
recommendation and conditions of approval as established in the Hearing Examiner's November 18,2003
Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's
Doc. 1.0. 25425
page 2 of 4/reso 104-407
health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds,
schools and school grounds, and all other relevant facts as are required by City code and state law; and
provides for sidewalks and other planning features to assure safe walking conditions for students who
walk to and from school.
3.
The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval.
Based upon the November 18,2003, Report and Recommendation of the Federal Way Land Use
Hearing Examiner and the findings and conclusions contained therein as adopted by the City Council
immediately above, .the preliminary plat of Colella Estates, Federal Way File No. 99-101323-00-SU, is
hereby approved, subject to the conditions contained in the November 18, 2003 Report and
Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A).
Section 3. Conditions of Approval Integral.
The conditions of approval of the preliminary plat are all integral to each other with respect to the
City Council's finding that the public use and interest will be served by the platting or subdivision of the
subject property. Should any court having jurisdiction over the subject matter declare any of the
conditions invalid then, in that event, the proposed preliminary plat approval granted in this Resolution
shall be deemed void and the preliminary plat shall be remanded to the City of Federal Way Hearing
Examiner to review the impacts of the invalidation of any condition or conditions. Upon such review, the
Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed
plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as
required by Chapter 58.17 RCW and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability.
Doc. LD. 25425
page 3 of 4/ reso1O4-407
If any section, sentence, clause, or phrase of this Resolution should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of any other section, sentence, clause, or phrase of this Resolution.
Section 5. Ratification.
Any act consistent with the authority and prior to the effective date of the Resolution is hereby
ratified and affinned.
Section 6. Effective Date.
This Resolution shall be effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 2 DAY
OF
January
,2004.
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APPROVED AS TO FORM:
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CITY ATIORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERIC 12/23/03
PASSED BY THE CITY COUNCIL: 01/07/04
RESOLUTION No: 04-407
Doc. J.D. 25425
page 4 of 4/resoI04-407
----
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING THE FINAL PLAT OF COLELLA ESTATES,
FEDERAL WAY, WASIDNGTON, FILE NO. 04-103107-00-SU
WHEREAS, on November 18,2003, the Federal Way Hearing Examiner conducted a public hearing
on the preliminary plat application resulting in the November 18, 2003, Recommendation of the Federal
Way Hearing Examiner; and
WHEREAS, the preliminary plat of Colella Estates, City of Federal Way File No. 99-1O1323-00-SU,
was approved subject to conditions on January 7, 2004, by Federal Way City Council Resolution No. 04-
407; and
WHEREAS, the applicant submitted the application for final plat for Colella Estates within the
required time of receiving approval for the above-referenced preliminary plat; and
WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 04-
407; and
WHEREAS, the City of Federal Way's Department of Community Development Services and Public
Works Department staff have reviewed the proposed final plat for its confonnance to the conditions of
preliminary plat approval, and final plat decisional criteria, and their analysis and conclusions are set forth
in the February 22, 2005, Staff Report, which is hereby incorporated by reference as though set forth in
full; and
WHEREAS, the applicant has complied with the conditions of the mitigation measures of the May 24,
2003, State Environmental Policy Act Mitigated Detennination of Nonsignificance, as discussed in the
February 22,2005, Staff Report; and
WHEREAS, The City Council Land Use/Transportation Committee considered the application and
staff report for the Colella Estates final plat at its February 28, 2005, meeting and recommended approval
by the full City Council; and
WHEREAS, the City Council reviewed and considered the Staff Report and the application for final
plat for Colella Estates during the Council's March 15,2005 meeting.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS
FOLLOWS:
Section 1. Findings and Conclusions.
1.
The final plat for Colella Estates, City of Federal Way File No. 04-103107-00-SU, is in
substantial confonnance to the preliminary plat and is in confonnance with applicable zoning ordinances
or other land use controls in effect at the time the preliminary plat application was deemed complete.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein
by reference, and on the City Council's review of the application for final plat, the proposed subdivisi()n
makes appropriate provision for public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code,
or which are necessary and appropriate, and provides for sidewalks and other planning features to assure
safe walking conditions for students who walk to and from school.
3.
The public use and interest will be served by the final plat approval granted herein.
4.
All conditions listed in the January 7, 2004, Federal Way Resolution No. 04-407 have been
satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as
allowed by Federal Way City Code Section 20-135.
5.
All required improvements for final plat approval have been made and/or sufficient bond, cash
deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all
required plat improvements as identified in the February 22,2005, Staff Report.
Res. #
Page #2
6.
All taxes and assessments owing on the property being subdivided have been paid or will be
paid, prior to recording the final plat.
Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I
above, the final plat of Colella Estates, City of Federal Way File No. 04-103107-00-SU, is approved.
Section 3. Recording. The approved and signed final plat, together with all legal instruments
pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the
King County Department of Records. The applicant shall pay all recording fees.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
resolution.
Section 5. Ratification. Any act consistent with the authority, and prior to the effective date, of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal
Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS
DAY OF
,2005.
CITY OF FEDERAL WAY
Mayor, Dean McColgan
ATTEST:
City Clerk, N. Christine Green, CMC
ApPROVED AS TO FORM:
Res. #
Page #3
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
Res. #
Page #4
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
January 28, 2005
Land Use and Transportation Committee
r4J ~rvid H. Mo~anager
\~ ~aryanne Zukow~i: ~.E., Senior Traffic Engineer.
City Center Access Study - Budget Update
POLICY QUESTION:
Should the Land Use and Transportation Committee (LUTe) recommend approval of additional budget to the
City Center Access Study?
BACKGROUND:
The City Center Access Study had a maximum dollar budget amount of $500,000.00 to complete a traffic study
for feasibility of an Access Point Decision Report (APDR). The City of Federal Way study is lead by the
partnership and direction ofthe core support team on the requirements of this study.
The interchange is experiencing significant congestion for many hours of the day and is currently at capacity. If a
successful and viable access solution is found, Federal Way will proceed in developing an APDR to submit to the
Washington State Department of Transportation (WSDOT). The access solution is needed to address the safety
issues and the congestion at the interchange of S 320th Street and Interstate 5 and includes access to the Federal
Way City Center. Currently, the City has verbal authorization by the State and an approval to proceed with the
report that will go to the Federal Highways Administration (FHW A). An APDR is the initial step required by
FHW A before revising an interstate highway interchange.
At the direction of the core support team, additional work was completed early in the project study. Reducing the
scope and budget has occurred since that time, to meet the $500,000.00 budget constraint. Staff has a projection
of an overage of the allowable budget as outlined below.
CH2M Hill, Inc. is carrying a line item within their contract for WSDOT expenses to attend, participate, review,
and approve the work on this project study. That amount is $25,000. The City is paying WSDOT expenses from
the project budget account directly to WSDOT. To date, those expenses are approximately $13,000. It is
undetermined at this time if the total charges will equal $25,000, but it can be expected to be between $16,000 and
$25,000 for this phase of the project.
At this time CH2M Hill, Inc. has requested a maximum contract expenditure $500,000; therefore, staff is
requesting an increase of $16,000 to $25,000 to the City Center Access budget.
Maximum budget expenditure to $525,000 is justified for:
.
Review and analysis work of 47 alternatives with a contract amount of25 alternatives
Review and analysis work of 15 alternatives with a contract amount of 5 alternatives.
.
This work was completed at the direction of the core support team early in this project phase (June 2004). In
addition, the 47 alternatives that were analyzed contained citizen's ideas for transportation improvements.
On July 29, 2004, LUTC did not approve the public stakeholder team request for additional work and analysis as
well as an increase in scope and budget for the City Center Access Study. LUTC also questioned at that time if
staff could move tasks around within the project to increase additional analysis. Staff reported that we were
having difficulty now with the existing budget to move any scope items to accommodate additional scope as
requested from the public stakeholder team.
Since July 2004 staff and CH2M Hill, Inc. have transferred task items of the contract between the City of Federal
Way and CH2M Hill, Inc. to manage the scope and budget. Additionally, CH2M Hill, Inc. changed management
of the project in September of 2004, realizing a significant savings. Additional savings have been realized in
reduction of scope throughout the project, but we are still anticipating an overrun of 3.2% to 5 %. Examples of
the reduction of the consultant scope and the perfonnance of that work perfonned by City staff was:
.
All pubic involvement activities in meetings, production, and planning.
All stakeholder-meeting activities in meetings, production, and planning
All public presentations.
Direct participation in writing technical memorandums.
Review and coordination of comments incorporated in technical memorandums.
Staff completion of traffic engineering.
Black & White graphics in lieu of color.
.
.
.
.
.
.
PROJECT SAVINGS AND CONTINGENCY:
Currently there is a total of $44,251 in mitigation funds collected for the City Center Access Study and the S 320th
Street @ 1-5 projects that is available to utilize for this budget need of $25,000. Mitigation funds have a five-year
expiration to utilize before they are required to be returned to the developers. It should be noted that the
environmental documentation and Access Point Decision Report would be required in order to have the S 320th
Street and 1-5 project (for the currently-adopted Transportation Improvement Plan) approved by WSDOT.
Staff Recommendation:
Authorize an increase in the project budget to a maximum of $525,000 and use collected mitigation funds.
Committee Recommendation:
Forward the Staff Recommendation to the March 15,2005 City Council Consent Agenda.
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CITY OF FEDERAL WAY
MEMORANDUM
FROM:
SUBJECT:
February 28, 2005
Land Use and Transportation Committee
David H. Mo~anager
Paul A. Buci:h, lE:, ~u~face Water Managel!~
Steel Lake Annual Report Presentation - Informational Only
DATE:
TO:
VIA:
POLICY QUESTION:
Presentation on Steel Lake Annual Report for information only. A copy of the 2004 Annual Report is attached
for Council use.
BACKGROUND:
Surface Water Management is pleased to present to the City Council the first Annual Report for Steel Lake
Management District No.1. This report summarizes the efforts of the Steel Lake Advisory Board, Surface Water
Management staff, and the contractor conducting aquatic weeds management in the lake in 2004, the first year of
the Lake Management District. A significant effort was conducted in 2004 to further reduce/eradicate invasive
weeds such as Eurasian milfoil, ffagrant water lily, and identify other species of concern. Major points of the
LMD activities include development of the 2004 annual work plan, a Spring community meeting, summer aquatic
weeds work shop, development of a Steel Lake LMD page on the City of Federal Way's web site, and
expenditure of the remaining Ecology early infestation grant.
The LMD ended 2004 with a budgetary surplus of $6,41 1.39. This is due to utilization of the remaining Ecology
early infestation grant of $3,909.49 as well as planned savings in the annual work plan. Eight single-family parcel
owners did not pay their LMD assessment fees in 2004 resulting in a shortfall of $625 out of expected revenues of
$13,658.00. Owners not paying the fee will be billed the next year for previous years' fees plus interest in
accordance with the LMD governing ordinance.
STAFF RECOMMENDATION:
None - informational presentation only
COMMITTEE RECOMMENDATION:
None - informational presentation only
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Project File/Steel Lake LMD I Annual report
k:llutc\2005\2-28-05 steel lake annual re¡X)ft presentation, doc
STEEL LAKE
Lake Management District
2004 Final Report
December 2004
Prepared for:
Steel Lake LMD
Prepared by:
City of Federal Way
Public Works Department
Surface Water Management Division
1Q
2.0
3.0
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.1.0
5.0
5.1
6.0
7.0
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TABLE OF CONTENTS
INTR 0 D U CTI 0 N .........................................................................................................................................1
BACK G R 0 UN D.............. """""""" .......... ........ ...... """"""""""" """"" ........ ............ """"""""" ...... ........., 1
2.1
2.2
2.3
STEELLAI\.E 2001 .........................................................................................................................................1
STEELL.\I\.E 2002 """"""""""""""""""""""""""""""""""""""""""""""""""""'"..............................2
STEELLAI\.E 2003 """""""""""""""""""""""""""""""""""""""""""""""""""'"................................2
'" ...,
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200-1 LM D A CTIVITIE S ............ ........ """" .... .... ...... ...................... "" .... ...... ...... .......... ...... """"" ................ 3
SLAC ApPOINTMENTS """""""""""""""""""""""""""""""""'".............................................................3
2004 WORI\. PLAN.........................................................................................................................................4
2004 SPRING COMl\IITNITI" MEETING """"""""""""""""""""""""""""""""""""""""""""""""""""""4
SUMMER COOl\. OUT & AQUATIC WEEDS WORI\. SHOP.................................................................................4
SLAC MEETINGS """""""""""""""""""""""""""""""""""""""""""""""""""""................................5
IA VMP UPDATE.............................................................."""""""""""""""""""""""""""""""""""""".6
WrnPAŒ................................................"""""""""""""""""""""""""""..............................................6
EARLY INFESTATION GRANT.........................................................................................................................7
3.3
3.4
3.5
3.6
3.7
3.8
200-1 AOUA TIC WEED MANAGEMENT ACTIVITIES """"""""""""""""""""""""""""""""""""" 7
:Ll INITIAL SPRING StTRVEY................................................................................................................................ 7
4.2 HERBICIDE TREATMENTS..............................................................................................................................8
-1.2.1 Fragrant Water Lilv Treatment.....................................................................................................9
4.2.2 Mi/fòil Treatment """"""""""""""""""""""""""""""""""""""""""""""""""""....................9
4.3 POST TREATMENT ASSESSMENT """""""""""""""""""""""""""""""""""""""""""""""""""'"........10
4.4 FINAL FALL SURVEY """""""""""""""""""""""""""""""""""""""""""""""""""""........................10
4.5 WATERLrLY U;¡LANDCONTROL..................................................................................................................10
WATER QUALITY MONITORING .......................................................................................................11
2004 PosTTREATMENT 2.4-0 MONITORING ..............................................................................................11
ED U CA TI 0 N/PUB LI C INV 0 L VE MENT ...............................................................................................12
~ SLAC RESPONSIBILITIES.............................................................................................................................13
6.2 NON-NATIVE AQUATIC PLANT IDENTIFICATION AND PREVENTION PLAN.................................................... 13
6.3 INFORMATIONAL AND WORI\.SHOP ACTIVITIES............................................................................................14
6.4 2003 EDlTCATION/PtTBLIC INVOLVEMENT...................................................................................................14
6.4.1 2003 Public Education Materials.................................................................. .............................1-1
6.4.2 2003 Steel Lake Natural Yard Care Program ..........................................................................15
6.5 2004 EDUCATION/PUBLIC INVOLVEMENT...................................................................................................15
6.5.1 2004 Public Education Materials...............................................................................................15
200-1 B UDG E T REV E IW ..:.....................................................................................................................".. 16
TABLE 2. 2004 LMD BUDGET OVERVIEW """"""""""""""""""""""""""""""""""""""""""""""""'".........16
11 TASI\.I BUDGET. AQUATIC VEGETATION CONTROLITREATMENT...............................................................17
TABLE 4. 2004 LMD BUDGET. TASK I AQUATIC VEGETATION CONTROL/TREATMENT ......................................17
7.2 TASI\. 2 BlTDUET. Pl1BLlC EDlTCATION.........................................................................................................17
TABLE 5. 2004 LMD BUDGET. TASK 2 PUBLIC EmTcATION ................................................................................17
7.3 TASI\. 3 BUDGET. EARLY INFESTATION GRANT ...........................................................................................18
ANNU AL EV ALUA TION AND RECO MMENDA TIONS FOR 2005...................................................18
tl 2004 LMO EVALlTATION """"""""""""""""""""""""""""""""""""""""""""""""""""....................18
8.1.1 Aquatic Vegetation Management.................................................................................................18
8.1.2 Contract Manazement """""""""""""""""""""""""""""""""""""""""""""""""""'"..........IR
2004 STEEL LAKE LMD
FI NAL REPORT
8.1.3 Public Education..........................................................................""""""""""""""""""""""""" /8
8.1.4 Algae........................................................................................."""""""""""""""""""""""""""" /9
8.1.5 Other................................................................................................................................................. /9
8.2 RECO!\lIvlEND.\TIONS FOR 2005 ...................................................................................................................19
8.2.1 Aquatic Vegetation Manaf!.ement................................................................................................. /9
8.2.2 Contract Management...................................................................................................................20
8.2.3 Public Education............................................................................................................................20
8.2.4 AI[!ae.................................................................................................................................................20
8.2.5 Other.................................................................................................................................................20
2004 STEEL LAKE LMD
FINAL REPORT
TABLES AND FIGURES
Table 1.
Table 2.
Table 3.
Table 4.
Table 5.
2004 Steel Lake 2,4-D Water Sampling..............................12
2004 LM D Budget Overview... ............ ...... ',"""""" ...... .....16
2004 LMD Property Assessment.............................. .........16
2004 LMD Budget, Task 1................................................17
2004 LMD Budget, Task 2.................................................17
APPENDICES
Figure 1. 2004 Steel Lake glyphosate treatment zones....................21
Figure 2 2004 Steel Lake 2,4-D treatment zones............................22
Appendix A 2004 Work Plan.......................................................23
Appendix B 2004 AquaTechnex Final Report................................24
Appendix C Public Education Material Examples..........................25
2004 STEEL LAKE LMD
FI NAL REPORT
ACKNOWLEDGMENTS
The City of Federal Way wishes to ackI10\\ledge the significant contribution provided by the
members of the Steel Lake Advisory Committee (SLAC) toward the completion of the first year
of the Lake Management District for Steel Lake. 111e SLAC include: Margaret Reyhner. Tom
Dezutter. Monica Nelson. Monte Decker. Kurt Rueter. Bill Linehan. and Robert Sowders.
Special thanks goes to all City Council members and lake residents who supported the fonnation
of the LMD. In addition. Surface Water Management staff were instrumental in directing the
aquatic weed management and public education efforts. Key staff included Dan Smith and Don
Robinett. In addition, recognition is awarded to Leslie Ryan-Connelly, who provided invaluable
assistance during the LMD formation process.
111e support of various agency staff is also appreciated. including those individuals who attended
meetings and provided both regulatory and technical guidance. Ackno\\ledgements are awarded
to: Kathy Hamel (Washington Department of Ecology). and Sally Abella (King County Water
and Land Resources Division).
2004 STEEL LAKE LMD
FI NAL REPORT
1.0
INTRODUCTION
This report outlines Steel Lake aquatic weed management activities undertaken in 2004. Included
in the discussion are the efforts leading up to the fon11ation of the Steel Lake Management
District (LMD). Specifically, this report summarizes the steps taken to remove Eurasian
watem1Ïlfoil (milfoil) and fragrant water lily from Steel Lake during 2004: and describes all other
aquatic weed management action taken during the year to achieve the LMD goals.
Noxious freshwater weeds are plants that are not native to Washington. are generally of limited
distribution, and pose a serious threat to our state and Steel Lake. Because nonnative plants have
few controls in their new habitat. they spread rapidly. out-competing and effectively destroying
native plant and animal habitats, and degrading recreational opportunities. In addition, noxious
freshwater weeds have the potential to lower property values (Ecology, 2004).
Actions of the LMD are driven by the presence of noxious w'eeds in Steel Lake and the
detrimental effects they can have on the waterbody if left unchecked. The Washington State
Noxious Weed Control Board classifies noxious weeds based on the stage of invasion of each
species. This classification system is designed to prevent small infestations from becoming large
infestations, and to contain already established infestations to regions of the state where they
occur and prevent their movement to uninfested areas of Washington (Ecology, 2004).
The following is a list of noxious weeds detected in Steel Lake in 2004:
Common Name Scientific Name
Eurasian watermilfoil Myriophyllum spicatum
Fragrant water lily Nymphaea spp.
Yellow Flag iris Iris pseudacorus
Japanese knotweed Polygonum japonicum
2.0
BACKGROUND
2.1
Steel Lake 2001
Steel Lake was free of milfoil through 1998 following a successful Eurasian watermilfoil
(milfoil) eradication program in the mid 1990s. In the summer of 2001, a King County
Department of Natural Resources and Parks survey indicated that Steel Lake had again become
infested with milfoil.
In late 2001, the City of Federal Way provided notification of the re-infestation to Steel Lake
residents, and began to develop an immediate strategy for future aquatic weeds management. In
early 2002, the City researched and organized files conceming the history of aquatic plant
management in the lake, and began contacting and gathering support of lakeside residents. It was
2004 STEEL LAKE LMD
FI NAL REPORT
discovered that the Steel Lake Residents Association had essentially dissolved. As a result. the
City moved forward with plans to help re-fonn a Steering Committee comprised of motivated
lake residents interested in reviving the aquatic weed management program.
2.2
Steel Lake 2002
Early in 2002. the City acquired quotes for aquatic plant management services from qualified
professional finns. AquaTeehnex. LLC was selected to perfonn milfoil surveys and treatment:
and to provide other management activities for the control of the invasive weed for the upcoming
vear.
Efforts also began early in 2002 to initiate the Steel Lake Management District (LMD) planning
process. A Steering Committee was established to carryon further funding discussions. in
particular LMD fornlation. In July 2002, the City obtained an Early Infestation Grant from the
Department of Ecology totaling $24,378.00.
TIlat year, the Ecology Grant helped to fund underwater surveys: a single 2,4-D herbicide
treatment to eradicate five acres of milfoil: and Ecology-required water quality monitoring for
the herbicide. The City submitted an Early hlfestation Grant Payment Request to Ecology at the
end of 2002 in the amount of$7.587.14.
2.3
Steel lake 2003
hl 2003, SWM staff ,vorked diligently to fonn a LMD. An updated Integrated Aquatic
Vegetation Management Plan (IA VMP) was developed, fonning the groundwork for the LMD
work plan. In addition, estimates for LMD property assessments were derived from the budget
outlined in the IA VMP. The Department of Ecology approved the 2003 IA VMP on October 2,
2003.
AquaTechnex continued to work under contract for the City in 2003. Two aquatic plant surveys
were conducted that established populations of all submerged, floating and emergent aquatic
plants. Hand-pulling of mil foil ,vas recommended for milfoil control (no herbicide application).
LMD development took shape during 2003. The Steel Lake Committcc met ten times during the
year. actively taking a role to educate their neighbors about Steel Lake concerning the aquatic weed
management program undertaken by the City. TIle Conunittee assistcd in thc effort by distributing
infonnation door-to-door. and began to set the groundwork for LMD development. Nine conunittee
members contributed 180 hours of volunteer time to the meetings.
The City and the Steering Committee moved forward by organizing the LMD fornlation process.
A neighborhood meeting for residents was held on April 3,2003 at Fedcral Way High School to
discuss foffilatiön of thc LMD. Residents helped conduct the presentation. discussing the pros
and cons of fonning the district and assisted with the ad hoc committee's recommendation
regarding the decision to move forward with district fonnation. Eighteen residents attended the
meeting. The group agreed to accept the committee's recommendation to fonn a Lake
Management District.
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2004 STEEL LAKE LMD
FINAL REPORT
A public hearing was held by the City Council on June 17. 2003 on whether to create Lake
Management District Number One for the City of Federal Way. Many residents testified in favor
of the LMD: two residents expressed reservations or concerns. On July L 2003 the City Council
approved a resolution to create the district and called for a public vote of affected property
owners. The vote was conducted in July and August and final results were 5,963 in favor and 170
against.
The City Council responded to the vote by passing an ordinance creating the LMD on October
16, 2003. At the same meeting, the City Council passed a resolution creating an advisory
committee to oversee the district. On November 18, a public hearing was conducted to hear
objections to the assessment roll. No objections were received: therefore, the City Council
adopted and confiffi1ed the assessment roll immediately following the hearing. Applications for
Steel Lake Advisory Committee membership were mailed to eligible property owners December
L 2003.
Following the 2003 contract work perfoffi1ed by AquaTechnex. the Steering Committee reviewed
the control efforts undertaken during the past year, and began developing a 2004 LMD Work
Plan. Additionally, SWM staff began preparing a 2004 contract for aquatic weed management.
The City submitted an Early Infestation Grant Payment Request to Ecology at the end of 2003 in
the amount of$12.844.88.
3.0
2004 LMD ACTIVITIES
3.1
SLAC Appointments
A total of six applications for appointment to the Steel Lake Advisory Committee (SLAC) were
received by the City Clerk early in the year. Interviews for the positions were held in mid
January. The following SLAC members were appointed by majority vote of the City Council:
Tom Dezutter - Lake resident (Chair) *
Monte Decker -lake resident (Co-Chair)*
Margaret Reyhner - lake resident
Monica Nelson - lake resident
Kurt Rueter - City of Federal Way, Parks Department
Bill Linehan (alternate) -lake resident
Robert Sowders (alternate) -lake resident
* Elected to positions by SLAC on October 14.2004
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2004 STEEL LAKE LMD
FI NAL REPORT
3.2
2004 Work Plan
Following the February 19 SLAC meeting, the final 2004 Work Plan (Appendix A) was
developed by SWM staff. Outlined in the Work Plan were goals that were based upon the
requirements outlined in the fA VMP: and also on the anticipated aquatic weed management
efforts required for the upcoming year. Budget figures for the Work Plan were derived from: (I)
the estimated annual aquatic weed management costs: (2) the expected LMD annual assessment
revenue: and, (3) the remaining funds from the Department of Ecology Early Infestation Grant.
The following is a brief outline of the 2004 Work Plan:
Task J, Aquatic Vegetation Control and Treatment
ll1Îs section describes the goals for effectively controlling and/or treating targeted invasive
aquatic weeds (milfoil and fragrant water lily) for the year. It also includes an estimate of all
associated expenses necessary to accomplish the task.
ll1e contractor. AquaTechnex, would be responsible for: conducting the required diver surveys:
mapping of all aquatic plants: and providing the appropriate control/treatment efforts.
AquaTechnex would also provide the necessary pennit-required notifications to lake residents,
and develop a final report.
Task 2, Public Education
This part of the annual Work Plan describes all public education elements designed by the
Committee to help infom1 lake residents and users about the impacts of invasive aquatic weeds.
Items included in Task 2 include: annual community meeting (spring) and annual cook
out/workshop (summer): development of annual report: quarterly newsletter (!)'teel Lake View):
boater outreach program: improved signage at boat launch: and web site development.
Task 3, Ear(}' Infestation Grant
ll1Îs section describes the remaining amount of funds left in the Department of Ecology Early
Infestation Grant account that helped supplement the LMD in 2004.
3.3
2004 Spring Community Meeting
ll1e Steel Lake Spring Community Meeting was held on March 25th, 2004 at City Hall, Council
Chambers. The Committee and SWM staff reviewed past efforts, and outlined the 2004 Budget
and proposed 2004 Work Plan. Various questions from lake residents were addressed. Maps
and resident lists were provided that described properties likely to be impacted by water lily
infestations, based on the 2003 survey. An open question period ended the meeting. which was
attended by approximately 25 lake residents.
3.4
Summer Cook Out & Aquatic Weeds Work Shop
ll1e second meeting was held on June 19th at Steel Lake Park. This community-building event
provided free hotdogs and hamburgers to lake residents in attendance, as well as provided public
education displays on aquatic plant identification, the proposed 2004 milfoil and fragrant water
lily treatment areas. and other LMD activities. Representatives from King County and
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2004 STEEL LAKE LMD
FI NAL REPORT
AquaTechnex assisted with the public education displays and answering aquatic weed
management questions. Over 20 households, totaling more than 70 people attended the event.
Individuals from the King County Water and Land Resources Division were on hand to assist
City staff with the event. Hands-on educational materials were utilized to display live specimens
of both native and noxious weeds found in Steel Lake. Maps were presented that illustrated
plant locations, and the expected areas planned for milfoil and fragrant water lily treatment. A
representative from AquaTechnex assisted with answering aquatic weed management questions.
Over 20 households, totaling more than 70 people, attended the event.
3.5
SLAC Meetings
The LMD Advisory Committee met four times in 2004. The minutes for each meeting may be
accessed through the web page devoted to Steel Lake LMD (http://www.citvoffederalwav.com).
The following are brief abstracts from each SLAC meeting:
February 19 at Ci(r Hall
The first LMD Advisory Committee Meeting was used primarily to finalize the 2004 Work Plan.
The Work Plan itemizes a set of tasks to be accomplished during the year (vegetation control.
treatment. and public education). and outlines the budget goals. The plan was designed to meet
the requirements set out in the IA VMP. The following outlines the Work Plan items:
.
Milfoil control will be accomplished by hand-pulling this year if plant populations exist in
same quantity as 2003. A contingency plan for herbicide treatment will be made if deemed
necessary.
AquaTechnex will be contacted to re-treat fragrant water lily on the behalf of lake
homeowners who received an ineffective water lily treatment in 2002.
Treatment of white water lily should not exceed an estimated two (2) acres, and will
comply with IA VMP Fish Habitat Mitigation Plan. ll1e majority of the treatment will take
place on the north. east and south shorelines: ,vith a small treatment needed on the edge of
the large raft located at the west end to accommodate lake access.
Yellow flag iris (non-native weed) control will not be funded by the LMD, but will be
addressed through property owner education.
The need to purchase equipment (such as weed cutters and rakes) will be evaluated: and
may not be required this season.
The purchase of an electric motor for the City-owned boat was approved.
Different elements of, and approaches to, Public Education were discussed and agreed
upon: (1) quarterly ne,vsletter, (2) annual evaluation report. (3) annual spring community
meeting, (3) summer plant identification workshop, and (5) improved signage at the
approach to the boat launch. A lake resident cookout-workshop was planned.
A March 25th date was set for the Spring Community Meeting, and will be used to present
the 2004 Work Plan to the lake residents. SWM staff will prepare a PowerPoint
presentation.
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June 10 at Steel Lake Maintenance Facili(~'
The Committee reviewed the results of the spring aquatic plant survey, and discussed treatment
and control options. Particular attention was paid to the scope of fragrant water lily treatment.
ensuring that the amount of eradication did not exceed the IA VMP limits. Terry McNabb of
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2004 STEEL LAKE LMD
FI NAL REPORT
AquaTechnex. Inc. was on hand to discuss treatment methods and notification procedures.
Herbicide application locations and the treatment schedule for milfoil and fragrant water lily
were established. The Committee finalized the planning for the June 19th Summer Cook Out and
Aquatic Weeds Workshop.
August 16 at Steel Lake Maintenance Facility
Several important topics were discussed at length:
. TIle group reviewed the results of the August 10 post treatment survey conducted by
AquaTechnex. The survey indicated that the treatment was effective for both mil foil and
fragrant water lily. The Committee concurred with the post treatment survey findings.
A discussion followed conceming the function of the LMD to provide education rather
than control of emergent non-native weeds populating the lake (Yellow flag iris and
Japanese knotweed).
TIle intent of the.lA VMP regarding native aquatic weed management was discussed by
SWM staff. Control options were reviewed that ensure that the minimum ace rage of
native vegetation is maintained for fish and wildlife habitat.
Potential for the emergence of fragrant water lily islands migrating on the lake this year
was discussed. Possible control options were reviewed.
An up-to-date budget analysis was presented by SWM staff.
LMD Committee structure was discussed.
October 14 at Steel Lake Maintenance Facility.
The Committee reviewed the successes of the LMD 2004 aquatic weed management activities.
The following outlines important meeting highlights:
. An exanlination of the budget was conducted. with SWM staff providing to-date
expenses and the expected end of year balance.
The Committee expressed an overall favorable opinion conceming the effectiveness of
the milfoil and water lily treatments: and agreed that much was accomplished during the
first year of the LMD.
Recommendations were discussed conceming aquatic weed management program
improvements for next year: contract language refinement: possible control of emergent
weeds: weed rake loan program: water lily island removal (contracted or volunteer
effort): and.
Election of Committee Chair and Vice Chair: and presentation of draft Committee By-
Laws.
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3.6
IAVMP Update
In March 2004. SWM staff updated the Integrated Aquatic Vegetation Management Plan.
Updated 2003 IA VMP aquatic weed management infonnation included: plant identification
surveys: maps: and milfoil herbicide treatment.
3.7
Web Page
One of the public education goals outlined in the 2004 Work Plan included the development of a
web page devoted to Steel Lake LMD (http://www.citvoffederalwav.com). SWM staff worked to
keep the content fresh and up-to-date through the year. LMD web site infonnation includes:
. Steel Lake aquatic weed management history
. Current lA VMP (with figures and maps)
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2004 STEEL LAKE LMD
FINAL REPORT
.
2004 Work Plan
LMD-rclated publications such as: Steel Lake Vie!'!'.. infonllative flyers (milfoil, blue-
green algae, yellow flag iris): public notices: and SLAC Meeting notes.
.
3.8
Early Infestation Grant
In July 2002, a State of Washington Department of Ecology Aquatic Weeds Management Fund
Early Infestation Grant was awarded to Federal Way (Grant Number G0300067) for the
identification and removal of milfoil from Steel Lake during a two-year period. The Grant was
critical to the successful development of a long-tenn aquatic weed management program for
Steel Lake.
The Early Infestation Grant penllitted both the City and lake residents to accomplish the
following tasks:
.
Contract with a company in the summer of 2002 to immediately identify
pioneering colonies of milfoil. ,
Implement a comprehensive annual aquatic weed management program.
Re-<>rganize lake resident involvement.
Develop and distribute public education materials.
Research LMD feasibility and infonn residents through public meetings.
Forn1 a LMD.
and treat
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The underwater survey, conducted on May 17 and 18, 2004, constituted the final Early
Infestation Grant expenditure. The City submitted the last Payment Request to Ecology in the
an10unt of $3,909.49. This request included work perfonned in 2004 through the spring survey.
The Early Infestation Grant funds utilized during the 2002-2004 period, allowed the City and
lake residents to begin implementing a plan for LMD development. As a result, the grant became
a cornerstone for Steel Lake's long-tern1 aquatic weed management program.
4.0
2004 AQUATIC WEED MANAGEMENT ACTIVITIES
4.1
Initial Spring Survey
On May 17 and 18, 2004, AquaTechnex perfonned the first systematic aquatic plant survey of
the lake. The survey team, including an aquatic biologist and an underwater diver, documented
and mapped submerged, floating, and emergent plant species and their densities.
The spring survey indicated that milfoil was present as a few plants scattered near the shoreline
around the whole perimeter of the lake - densities that appeared to have either increased or
remained unchanged from 2003. Fragrant water lily populations were noted to have increased in
density, filling in areas eradicated during the 2002 treatment (lilies were not treated in 2003). In
addition, locations of Japanese knotweed and Yellow flag iris (both noxious weeds) were located
along small segments of the shoreline (See 2004 AquaTechnex Final Report, Appendix B).
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2004 STEEL LAKE LMD
FI NAL REPORT
4.2
Herbicide Treatments
TIle herbicide treatment program was designed to meet the requirements of the IA VMP, while
staying within the 2004 budget. In addition, AquaTechnex applied all herbicides under a
Washington State Department of Agriculture (WSDA) National Pollutant Discharge Elimination
System (NPDES) General PemlÌt.
The General Pennit covers all noxious and quarantine-list weed control activities that discharge
herbicides directly into surface waters of the state of Washington. Persons conducting herbicide
applications are required to be covered by the General Pennit for control activities into water
bodies that are contiguous with rivers. creeks. and lakes: or into navigable waters. In addition,
the applicator complies with all herbicide label instructions and public notice procedures.
Glyphosate (AquaPro) was used for fragrant water lily treatment in 2004. Glyphosate is a
systemic herbicide registered by the United States Environmental Protection Agency (USEP A)
for aquatic applications. Glyphosate controls a large variety of annual and perennial weeds such
as fragrant water lily. The active ingredient in AquaPro moves through the plant from the point
of foliage contact to and into the root system. V isi ble effects on most annual weeds occur within
2 to 4 days, 7 days or more on most perennial weeds, and 30 days or more on most woody plants.
Extremely cool or cloudy weather following treatment may slow the activity of this product and
delay visual effects of control. Visible effects include gradual wilting and yellowing of the plant
which advances to complete browning of above-ground gro\\1h and deterioration of underground
plant parts.
TIle advantages of glyphosate include:
.
The product is a fast-acting systemic herbicide effective in removing targeted plants with
no impact to plants not treated.
It's application can be conducted in a spot-treatment or isolated area fashion.
TIlere are no water use restrictions.
.
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DMA4*IVM (active ingredient is 2,4-D) is a systemic herbicide registered by the USEPA for
freshwater applications. DMA4*IVM was the post-emergent herbicide used to control Eurasian
watennilfoil in 2004. Other species such as bladderwort, water lilies. water hyacinth. etc. are also
deemed to be slightly to moderately susceptible to 2,4-D applications at higher label rates.
Herbicides containing 2,4-D can be effectively used for spot-treatment programs in lakes.
Effectiveness of the treatment is dependent upon the timing of the application and density of the
target plant community. Following application the targeted plants will begin to show signs of
injury in approximately two weeks, followed by plant breakdown and death.
TIle advantages of 2, 4-D include:
.
A fast-acting systemic herbicide, 2,4-D is effective in removing selected plants
(especially milfoil) with little to no impact on native plants at labeled rates.
It's application can be conducted in a spot-treatment or isolated area.
Treated waters can be used for swimming within 24 hrs.
TIlere are no fish consumption or swimming restrictions.
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2004 STEEL LAKE LMD
FINAL REPORT
4.2.1
Fragrant Water Lily Treatment
All fragrant water lily locations illustrated on the spring survey maps were digitally measured by
City staff in the GIS Division. The size (acreage) and location of fragrant water lily colonies
were calculated and presented to the Committee. It was agreed that only 58% of the fragrant
water lily would be eradicated in 2004. This would allow for the gradual replacement of native
vegetation over time, an important step toward fish habitat preservation. In addition. this
measured removal effort would reduce the potential that an extensive number of floating lily
islands would fonTI in the lake.
Figure 1 (Appendix) illustrates the areas designated for white water lily treatment in 2004. The
individual areas, calculated from the Fall 2003 survey maps, were used to define the following:
.
A total of 3J2 acres of fragrant water lily infested the lake
A total of 0.58 acres of fragrant water lily ,"ould be re-treated at no cost
A total of 1.34 acres of fragrant water lily would be treated using LMD funds
.
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The first glyphosate application was conducted on July 9. Glyphosate (AquaPro). a liquid, was
sprayed directly on the lily pads. A total of 120 ounces (making a 1.5% concentration solution)
was used in the process, and applied at a rate of 1.92 gallons per acre.
It is important to note that a minor rain event occurred during the July 9 application (0.02 inches
recorded at SeaTac). Witnesses report that rainfall accumulation on the lily pads appeared to
wash off some of the glyphosate product. AquaTechnex was notified of this observation, and
retumed on July 30 to perform a second 'louch-up" to plants that survived the initial treatment.
To effectively eradicate white water lily populations, it is characteristic to perform a second
treatment during the growing season.
4.2.2
MUfaU Treatment
Based upon the spring survey results, approximately five acres of lake area were infested with
milfoil. Due to the aggressiveness of milfoil colonization, the likelihood for reinfestation, and
the failure of hand-pulling in 2003. a zero tolerance for the noxious ,veed was established. All
detected milfoil would be treated with herbicide. Figure 2 (Appendix) represents the areas of the
lake targeted for milfoil herbicide treatment using 2,4-D.
Application of 2,4-D was completed on July 9. 2,4-D (DMA4*IVM) was injected into the water
column (at the rate specified) directly over the submerged milfoil plant populations. The
herbicide was applied from a motorboat equipped with a 20-gallon sprayer connected to an
undef\vater delivery boom. Six separate areas (total acreage of5.4-acres) were treated with 2.4-D
at a rate of 2 to 4 ppm. A total of 50 gallons of herbicide was used for this treatment. Areas
targeted for treatment included:
.
Area A: 1.0 acre, 9.25 gallons
Area B: 1.0 acre. 9.00 gallons
Area C: 1.4 acre. 13.0 gallons
Area D: 0.1 acre, 1.00 gallons
Area E: OJ acre, 2.75 gallons
Area F: 1.6 acre. 15.0 gallons
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2004 STEEL LAKE LMD
FI NAL REPORT
4.3
Post Treatment Assessment
On August 10. an AquaTechnex Aquatic Biologist retumed to Steel Lake to detenninc the
effectiveness of the herbicide treatments. Through visual inspection and plant grab sampling. the
littoral zone of the lake was assessed by the biologist. ll1e following is paraphrased from an
AquaTechnex Post Treatment Assessment letter report received by SWM on August 10:
.
No surviving mil foil was found: most plants fell apart when handled. Stalks of dead
milfoil remained in two small areas near the middle of the north shore. Each plant ,vas
blackish brown and spongy to the touch. No surviving milfoil was found during today's
visual survey. and no further control is required in 2004.
Most of the areas of fragrant water lily are showing good signs of control. A few of the
lily may survive the 2004 control season. but further control is not advisable until next
year due to current conditions and point of gro\\1h.
.
Several Steel Lake Advisory Committe~ members made post treatment visual observations as
wdl. and reported good results. SWM staff also peIfonned a post treatment survey of the lake
(utilizing an underwater viewing tube) and detem1ined that the herbicide application was
effective in severely dan1aging all targeted plants. Underwater photos taken of the treated milfoil
through the viewfinder were emailed to Kathy Han1eI. Department of Ecology. Ms. Hamel
responded by commenting that the milfoil depicted in the photos looked heavily damaged by the
herbicide application.
4.4
Final Fall Survey
A second survey was perfomed on September 8 at the end of the season, using identical methods
as in the initial survey. AquaTechnex reported the following:
4.5
.
Excellent treatment results for milfoil. Only one surviving milfoil plant was discovered,
and was immediately hand-pulled by the diver.
All treated fragrant water lily areas were reduced to a sparse density: were very
unhealthy: and showed signs of decay.
Native plant population (both submerged and floating) areas are increasing in densites,
and now cover approximately 60% of the lake littoral zone.
Two non-native emergent weeds, Yellow flag iris and Japanese knotweed. are expanding
in density.
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Water Lily Island Control
Following summer water lily treatment. Steel Lake has historically witnessed the emergence and
migration of floating masses of roots and muck. ll1is year, the Advisory Committee discussed
water lily island removal options. In addition. the 2004 Work Plan addressed the potential need
for such action: but because of unknowns. a budget figure necessary to fund such action was not
established.
For discussion, it is noteworthy to describe several recent attempts undertaken by Steel Lake
residents to remove water lily root masses. In the summer of 2003, several people volunteered
10
2004 STEEL LAKE LMD
FI NAL REPORT
their efforts to remove a water lily island that beached on the west end near 30421 28th A venue
South. An attempt to capture by net and move the island to the park boat launch failed. The
group eventually chopped the material into manageable pieces with shovels, walked them to
deeper water. and let the muck/root mass sink to the lake bed with minimal sediment release.
The 2003 action occurred during the WDFW timing guidelihes (July 15 to September 15) for
aquatic beneficial plant removal and control activities. City staff reviewed the information
contained in the WDFW pan1phlet Aquatic Plants and Fish, and approved the control method.
An individual Hydraulic Project Approval (HPA) \vas not necessary.
In the fall of 2004, another water lily island was discovered in roughly the same location.
Measuring approximately 6 feet by 10 feet, the root mass removal was planned for November 20,
2004. Although the control action was to take place outside of the timing window, City staff
received written approval from WDFW to complete the work. In addition, the use of a boat
equipped with an internal eombustion engine was approved by City Parks Department.
A group of lake residents seized the mass by draping it with chain-link fence, and tried to tow it
to the boat launch. The fencing apparently snagged on the lake bed on the approach to the
shoreline, allowing the water island to sink.
Due to the lack of reliable methodology in the aquatic \veed management industry, no firm
methods have been adopted by the LMD concerning this type of work. In addition, lake residents
have little experience removing large water lily root masses and muck. It is expected that control
methods selected will be refined over time as experience is obtained.
In 2005, water lily island removal is planned to be included as a LMD scope of work item for the
aquatic weed management contract. The contractors will be expected to perform lily island
removal when required, using methods that comply with the WOFW HPA. This may involve
mechanically breaking the mass with shovels or by hose pressure: or towing to the shoreline
vvhere the vegetation can be properly collected and disposed. .
5.0 WATER QUALITY MONITORING
5.1
2004 Post Treatment 2,4-D Monitoring
Per the 2004 Work Plan, City of Federal Way personnel collected samples from Steel Lake to
determine 2,4-0 concentrations both before and after treatment. This sampling procedure was
undertaken to provide a precise anal}1ical measurement of the contractor's performance. Due to
LMO budget limits, only the concentration of 2,4-0 was selected to be monitored.
Background samples (before treatment) were collected: and post treatment samples were
collected on DAY I (July 10) and DAY 3 (July 12). Samples were taken in the middle of the
lake (outside the treatment areas) and inside two individual treatment sites (one on the north
shoreline and the other on the south shoreline). All san1ples were collected using a Wildco Alpha
2.2 liter Van Dorn style water bottle. See Figure 2 for sample locations.
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2004 STEEL LAKE LMD
FI NAL REPORT
The samples were retrieved from various depths. and combined into individual composite
samples. Samples were chilled. and delivered the same day to Sevem Trent Laboratories. Inc.
(STL Seattle) and analyzed specifically for 2.4-0 (a chlorinated herbicide). using USEP A
Method 8151 GC/MS Modified. Table I below outlines the results of the sampling.
Table 1. 2004 Steel Lake 2,4-D Water Sampling
Date Pre/Post Inside/Outside Location Concentration (ppb)
Treatment Zone
6/25/04 Pre Outside Middle of lake 0.840
6/25/04 Pre Inside, Zone F South shoreline, 2200 S. 308th St 0.863
7/10/04 Post 1 Day Outside Middle of lake 126
7/10/04 Post 1 Day Inside, Zone F South shoreline, 2200 S. 308th. 118
7/10/04 Post 1 Day Inside, Zone B North shoreline, west of 2417 S. 304th st. 68.4
7/12/04 Post 3 Days Outside Middle of lake 88.6
7/12/04 Post 3 Days Inside, Zone F South shoreline, 2200 S. 308th St. 88.3
7/12/04 Post 3 Days Inside, Zone B North shoreline, west of 2417 S. 304th st. 87.3
2.4-0 samples generally remained above the EP A drinking water standard of 70 ppb for three (or
more) days. but by day three all samples were below the EP A irrigation water restriction of 100
ppb. 2.4-0 appeared to be very mobile, with the concentrations detected in the untreated middle
of the lake as high as in the treated areas. 111e analytical findings, combined with the visual
observations of plant extemlÌnation, indicate that 2,4-0 was applied in sllftìcient concentrations
to achieve the intended results without impacting water quality.
6.0
EDUCATION/PUBLIC INVOLVEMENT
111e function of the LMO is based upon program elements outlined in the IA VMP. 111e IA VMP
is a dynamic document initially prepared by SWM staff and implemented in 2003. All education
and public involvement efforts undertaken in 2003 are included in this section due to their
significance regarding LMO development during the period.
The Community Education and Involvement Program for Steel Lake. based primarily on the
IA VMP, consists of three parts: (I) A Steel Lake Advisory Committee (SLAC) to oversee
implementation of the LMO, (2) A Non-Native Aquatic Plant Identification and Prevention Plan,
12
2004 STEEL LAKE LMD
FI NAL REPORT
and (3) A series of infonnational and workshop activities designed to alert homeowners to
stormwater pollution prevention and best management practices (lawn, garden, home care
activities) that protect the lake's ,'vater quality.
6.1
SLAC Responsibilities
The Steel Lake Advisory Committee has adopted the following responsibilities:
.
Review annual plant survey information and detern1Ìne the need for a second annual survey.
Develop an annual aquatic plant management Work Plan based upon the information
revealed in the annual plant surveys. The Work Plan will prioritize aquatic weed problem
areas and identify preferred control methods for each species.
Assist the City of Federal Way with oversight of control work to keep contractors
accountable.
Participate in preparation of an annual evaluation report that summarizes plant control
activities, lake user's perspectives on the plant community, and recommendations for the
next year's control strategy.
Assist with presentation of aquatic plant management efforts to lake residents at an annual
Steel Lake community meeting.
Ensure that all lake residents, whether legal water rights users or not receive proper
notification pursuant to the requirements ofthe NPDES Noxious Weed Permit.
Determine and participate in other annual community involvement and education strategies
as needed.
.
.
.
.
.
.
6.2
Non-Native Aquatic Plant Identification and Prevention Plan
Eradication and control efforts will only be successful if future infestations are prevented, or
detected early, and eliminated soon after detection. Since the re-introduction of non-native
aquatic plants to Steel Lake is almost certain, a prevention and detection plan is essential.
Therefore,' a properly informed community of residents and lake-users ""ill be more likely to
identify and report noxious aquatic weeds and other potential problems.
The four main elements to the Non-Native Aquatic Plant Ident~fication and Prevention Plan
adopted by the LMD, are as follows:
I. Annual distribution of educational materials. 1l1e SLAC will compile published
materials and generate literature specifically related to Steel Lake for distribution to all
lakefront residents each vear.
2. Annual plant identification workshops. A Steel Lake community meeting will be utilized
to educate residents on native and non-native aquatic plant identification. Aquatic plant
experts will be invited from the Department of Ecology, King County Noxious Weed
Control Program, or other entities to help inforn1 the residents.
3. Improved signs. Improved noxious weed identification signs will be installed before and
at the boat launch. The improved signage will identify the species of concern and
illustrate how boat owners should clean their boats before entering and when leaving the
lake.
13
2004 STEEL LAKE LMD
FI NAL REPORT
4. Boater outreach. Volunteers from the SLAc. as well as other lake residents. will
conduct outreach efforts with boaters during opening day of fishing season. Boaters will
be given educational materials about non-native plants and instructed on how to prevent
re-infestation of the lake. Boaters may be approached at the boat launch and/or on the
water bv other boaters.
6.3
Informational and Workshop Activities
Beginning in 2003 during the LMD development phase and continuing through 2004, Steel Lake
residents were offered educational materials and instructional workshop opportunities designed
to infoffi1 the public so they may help protect the lake from water quality degradation. The
infoffi1ation provided addressed both aquatic weed management practices and non-point water
quality pollution issues (i.e., the reduction in thc amount of nutrients running off of their yards
and property into the lake). Details concerning 2004 inforn1ational and workshop activities may
be found in Section 3.0 of this report.
6.4
2003 Education/Public Involvement
6.4.1
2003 Public Education Materials
Regular articles about Steel Lake were published in Surface Water Management's quarterly
newsletter. The Water Log. At the Steel Lake Steering Committee's request all property owners
around the lake received the newsletter in the mail. The following Water Log publications and
Stecl Lake-related articles were prepared in 2003:
Volume 1 Issue 3 - January 2003
","'teel Lake Management District Formation Moves Fon<,'ard"
Volume 1 Issue 4 - May 2003
"Public Hearing on Steel Lake Management District"
Volume 2 Issue 1 - July 2003
"Steel Lake Management District Vote "
Volume 2 Issue 2 - November 2003
"Steel Lake Management District Created"
111e Integrated Aquatic Vegetation Management Plan (IA VMP) was posted on the City's wcbsite
after adoption by the Department of Ecology.
An article was also published in the City of Federal Way's fall newsletter that were mailed to all
residents. The article was called "City Moves to Form Lake Management District/òr ,)'teel
Lake. "
14
2004 STEEL LAKE LMD
FINAL REPORT
6.4.2
2003 Steel Lake Natural Yard Care Program
Three educational workshops were conducted in April and May 2003 on Natural Yard Care
within the Steel Lake basin. Thirty people participated in the \vorkshops that were co-sponsored
by King County. Workshop instructors and topics were as follows:
Workshop # I
Marianne Binetti, "Good Bugs, Bad Bugs"
Doug Rice, King County, "Natural Yard Care"
Workshop #2
Julian Durant Hendrikus Organics, "I1"s Alive! Growing Healthy Soil"
Debbie Natelson, 'The Magic of Mulching"
Workshop #3
David McDonald, Seattle Public Utilities, "Smart Watering"
Greg Rabourn, King County, "Honey, I Shrunk the Lawn"
Surveys were conducted after each workshop and all were well received. Follow-up surveys were
sent in November 2003 to learn ,vhether gardeners implemented any of the things they had
learned at the workshops. A control group survey was also mailed to residents in the
neighborhood to provide a basis for comparison.
6.5
2004 Education/Public Involvement
6.5.1
2004 Public Education Materials
Note: All 2004 LMD public Education materials may be found on tlte City's website,
www.citvofederalwa)'.com.
In April of 2004, SWM staff began publishing a quarterly public education newsletter, The Steel
Lake View. The newsletter is mailed and/or e-mailed to all lake residents and interested parties.
Article topics for the newsletters so far have included: The 2004 Work Plan; The Purpose of the
LMD; Getting to KnO\v Your Committee; Milfoil and Fragrant Water Lily Treatment and
Environmental Tips: Yellow Flag Iris Control; Nutrient Loading: and Japanese Knotweed
Control. An example of this publication is included in Appendix C. The following supplemental
articles also appeared September 2004 edition of the Water Log: "Why You Shouldn't Feed the
Ducks or Geese" and "Fighting Nasty Weeds"
As an additional component of the public education progran1, SWM staff developed and
distributed infoffi1ational flyers on controlling yellow flag iris and blue green algae to all lake
residents. SWM staff also created a milfoil public education brochure in April of 2004. SWM
staff and lake residents distributed the brochures to boaters on the Opening Day of fishing
season, April 24, 2004. Approximately 70 brochures were handed out to local boaters.
15
2004 STEEL LAKE LMD
FINAL REPORT
7.0
2004 BUDGET REVEIW
TIle 2004 Work Plan budget was derived from the scope of aquatic weed management expected
for the year. and it's associated cost. Table 2 below provides an overview of the final LMD
budget for 2004:
Table 2.
2004 LMD Budget Overview
TASK Revenue Actual Expenses
LMD Annual Assessment * $13,033,00
Task 1. Aquatic Vegetation $9,044.84
Control/Treatment .
Task 2. Public Education $1,086.26
Task 3. EarlY Infestation Grant $3,909.49
King County Assessment Fees $400.00
TOTAL REVENUE $16,942.49
TOTAL EXPENSES $10,531.10
YEAR END BALANCE $6,411.39
* LMD Annual Assessment figure represents total amount of funds collected by King County in 2004
Table 3 below outlines the types and number of LMD properties assessed in 2004 and their
associated assessment dollar amount. pursuant to the provisions described in City of Federal Way
Lake Management District Number One:
Table 3.
LMD Property Assessment
Parcel Type Number Assessment Total
Fee
Single Family 89 $85.00 $7,565.00
Multi Family 1 $275.00 $275.00
Vacant 9 $30.00 $270.00
City Parcel (Steel Lake Park) 1 $2,048.00 $2,048.00
State Parcel (WDFW Boat Launch) 1 $3,500.00 $3,500.00
TOTAL ASSESSMENTS $13,658.00
According to officia:ls with the King County Department of Assessments, eight (8) single-family
parcel owners did not pay their LMD assessment fees in 2004, for a total of $625.00. TIlercforc.
only $13.033.00 was collected in 2004. and transferred into the City of Federal Way LMD
account. Parcel owners not paying their LMD assessments will be billed next year for both the
2004 and 2005 fee total (plus interest).
The following sections outline the estimated expenses (listed in the 2004 Work Plan) compared
to the actual end-or-year expenses for each task:
16
2004 STEEL LAKE LMD
FINAL REPORT
7.1
Task 1 Budget, Aquatic Vegetation Control/Treatment
Table 4 below illustrates the budgeted elements for Task I. All Task I scope goals were
completed in 2004, leaving a balance of$950.16.
Table 4.
2004 LMD Budget, TASK 1 Aquatic Vegetation Control/Treatment
GOAL 2004 Work Plan Actual Expenses
Estimated Expenses
Two diver surveys (Spring & Summer) $3,000.00 $3,000.00
Milfoil hand-pulling $1,BOO.00 $0
Milfoil herbicide treatment $1,725.00 $1,925.00
Fragrant water lily herbicide treatment $620.00 $830.80
Permit fee and notifications $500.00 $500.00
Water Qualitv monitorinç¡ (2,4-0) $1,000.00 $945.00
Native pond weed control $0 $0
Non-native pond weed control $300.00 $0
Post control survey $500.00 $500.00
Contractor final report $350.00 $350.00
Water lily island removal $0 $0
Yellow flag iris control $0 $0
Electric boat motor $200.00 $202.36
Weed rakes $0 $166.36
Contractor taxes $0 $625.32
TOTALS $9,995.00 $9,044.84
7.2 Task 2 Budget, Public Education
Table 5 below illustrates the budgeted elements for Task 2. All Task 2 goals will be completed
in 2004 (includes the completion, printing, binding, and delivery of this report), leaving an
estimated balance of $213.74.
Table 6.
2004 LMD Budget, TASK 2 Public Education
GOAL Estimated Expenses Actual Expenses
Quarterlv newsletter $100.00 $0
Annual evaluation report $70000 * $700.00
Annual sprinç¡ Community Meeting $100.00 $20.00
Summer cook-out/workshop $200.00 $189.12
Improved signage at boat launch $200.00 $17714
Boater outreach program $0 $0
City LMD web paç¡e $0 $0
TOTALS $1,300.00 $1,086.26
.
The estimated cost to print, bind and deliver full-color copies of this report to all LMD property
owners, Council Members and necessary city staff is $700.00.
17
2004 STEEL LAKE LMD
FI NAL REPORT
7.3
Task 3 Budget, Early Infestation Grant
In July 2002, the City obtained an Early Infestation Grant from the Department of Ecology
totaling $24378.00 (see Section 3.8). 1l1is yeaL the City submitted the last Early Infestation
Grant Payment Request to Ecology in the amount of $3.909.49. completing Task 3 GoaL which
included work perfonned in 2004 through the spring survey.
8.0
ANNUAL EVALUATION AND RECOMMENDATIONS FOR 2005
The following provides an evaluation of the 2004 aquatic vegetation management program for
Steel Lake. and recommendations offered for the 2005 LMD:
8.1
2004 LMD Evaluation
8.1.1 Aquatic Vegetation Management
Milfoil detection and treatment was successful throughout the lake, and was consistent with the
intent of the IA VMP. Due to the potential for aggressive re-infestations, targeted milfoil control
and/or treatment is anticipated to be included as an annual aquatic vegetation management task.
Fragrant \vater lily treatment was highly successful. Although light rain occurring during the first
treatment may have reduced the effectiveness of the first herbicide application, the weather \vas
excellent for the second event (however the wind came up and waves may have washed over
treated plants along the 28th Street end of the lake). Spot treatment for fragrant water lily areas
experiencing some re-gro\\1h is expected in 2005.
As described in this report. the removal of selected floating water lily islands by several lake
resident met with marginal success this year. The process of boat motor, and fence to drag the
mass proved difficult. If this volunteer effort is undertaken again, a larger boat and motor will be
required. 111e LMD may need to consider and/or attempt other removal methods: or pursue
contract removal.
8.1.2 Contract Management
The contractor failed to provide effective communication with City staff throughout the season
regarding treatment scheduling. One delay resulted from the contractor having insufficient
product on hand. Several lake residents and users complained of erratic scheduling that included
short notice for treatment received from the contractor. In addition. the contractor scheduled
surveys with minimum notice.
It is also noteworthy to comment that the contractor never responded to City and SLAC requests
to provide pricing and a recommended solution for the removal of floating water lily islands.
8.1.3 Public Education
Many residents were harvesting submerged plants before the lake was treated for milfoil and
many could not identify the milfoil plant. Communication needs to take place with residents to
help them identify milfoil from other plants and to wait for an identified period after the
18
2004 STEEL LAKE LMD
FINAL REPORT
treatment before they work their shore areas. In addition. with the LMD providing weed rakes
for resident use, an education program for this task must be developed.
The summer cook out / workshop in 2004 was a success (see Section 6.5.1). TIle 2005 event is
planned to be similar, with more emphasis on proper aquatic plant management for both native
and noxious weeds.
8.1.4 Algae
For most of the summer the lake was as clear as many long-time residents could remember.
Algae blooms did appear late in the year (September), as the wet weather returned and the lily
pads were decomposing. Several sanlples were collected by SWM staff and submitted to the
King County Lake Stewardship Progranl for analysis. The samples contained species commonly
found in urban lakes, including blue-green types that can produce toxins. It is not known
whether the algae blooms result from decomposing lily pads or nutrient-laden stornl water runoff.
8.1.5 Other
A few items to note:
.
The absence of the geese was noticeable, an~ may have contributed to the clarity of the
lake.
The LMD needs to continue to support agencies that provide for control of water fowl.
.
8.2
Recommendations for 2005
8.2.1 Aquatic Vegetation Management
(Based on SLAC observations and lake resident feedback)
Milfoil identification and treatment should remain the highest priority. The goal should be zero
tolerance for gro\\1h.
The large fragrant water lily raft should continue to be treated at the West end of the lake (near
the apartment property and the vacant parcel) by reducing the perimeter by ten to fifteen feet. In
addition, the water lily gro\\1h adjacent to the 304th Street residences at the west end should be
eradicated. Spot treatment should occur on any lily re-gro\\1h from the 2004 treatment areas.
An acceptable and effective method for the removal of floating/decomposing water lily islands
must be developed that meets the LMD budget and satisfies WDFW requirements. As thc
process used by several lake resident volunteers in November 2004 was marginally successful,
contract removal utilizing a larger boat and motor: or by hydraulic method (with water under
pressure to release the sediment from the roots) must be explored.
The LMD should evaluate the cost and consider budgeting for the treatment of Yellow flag iris
and Japanese knotweed areas around the lake.
19
2004 STEEL LAKE LMD
FI NAL REPORT
Native aquatic plants, while not noxious weeds, can be troublesome in many areas of the lake.
The LMD will provide appropriate control tools (weed rakes) that shore owners may use if they
choose: and will monitor the impact that these native plants have on the beneficial uses of the
lake.
A continuing education progran1 for algae identification and prevention should be implemented.
8.2.2
Contract Management
SWM staff will prepare a request for proposals regarding aquatic vegetation control in Steel Lake
for 2005. The contract language will compel the contractor to adhere to strict notification
procedures and timeframes. Also, the scope of work will reflect additional tasks to be perfom1ed,
such as water lily island removal and emergent weed control.
8.2.3 Public Education
The periodic distribution of educational materials will continue in 2005, including inforn1ation
that communicates the seasonal growth patterns of aquatic w'eeds. As many shore owners/LMD
members have submerged plants growing on the lake bottom on their beaches, this inforn1ation
will assist with identification of plants (both native and noxious), and ensure that owners arc
implementing best management practices.
The annual pre-treatment cook out/workshop fo'r lake resident will be scheduled. This hand-on
and face-to-face is the ideal method for helping residents to understand the process of managing
aquatic plants.
The LMD may consider having a joint discussion with other LMDs (Summit Meeting) to share
experiences and factor into the 2005 plan.
8.2.4 Algae
TI1e LMD will research a legislative bill targeting algae that is currently being drafted by the
State Legislature for 2005 session. The intent of bill is to increase the priority of preventing and
controlling Hazardous Algae Blooms (HAB) in lakes.
In defining HABs as a health threat, the legislation will categorizes along with invasive noxious
aquatic weeds (like milfoil). As a result, first priority will be given for pemlÍts and grants each
year. In addition. it will allow grant money, controlled by the DNR, to be used to prevent and
control HAB in addition to other invasive noxious weeds.
8.2.5 Other
The LMD and the City need to continue supporting agencies that provide for control of water
fowl.
20
2004 STEEL LAKE LMD
FINAL REPORT
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2004 STEEL LAKE LMD
FINAL REPORT
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22
2004 STEEL LAKE LMD
FI NAL REPORT
Appendix A
2004 LMD Work Plan
23
2004 STEEL LAKE LMD
FI NAL REPORT
2004 Steel lake Work Plan
Prepared by Steel lake lMD Advisory Committee
Federal Way, WA
February 26, 2004
Pursuant to City of Federal Way Ordinance creating Lake Management District
{LMD)Number 1 for Steel Lake, the Steel Lake Advisory Committee has developed the
following set of tasks, goals, and costs for the management of aquatic weeds in Steel Lake
in 2004. These goals meet the intent of the 2003 Steel Lake Integrated Aquatic Vegetation
Management Plan (IA VMP), as referenced by the LMD.
TASK 1.
Aquatic Vegetation Control/Treatment
Goals Estimated
Expenses
Extend a one-year contract to AquaTechnex, Inc. for 2004. The annual scope of
work for AquaTechnex includes: two systematic surveys; control/treatment efforts
(milfoil, white water lily, non-native pond weeds); and one post control inspection.
Scope of Work attached).
. Two systematic aquatic plant surveys performed per contract Scope of $ 3,000.00
Work
. Lake-wide milfoil control. Diver hand removal per Scope of Work. $ 1,800.00
(Estimated 12 hours labor).
. Contingency for milfoil herbicide treatment per Scope of Work. $ 1,725.00
(Estimated 3 acres).
. Targeted white water lily control that will involve application of herbicide $ 620.00
(Glyphosate) to surface areas totaling a maximum of two (2) acres.
Treatment will focus on areas along the north, east and south shorelines.
The majority of the large colony at the west end will be left un-treated this
season. The precise locations of white water lily treatment will be
identified during the growing season following the first 2004 annual diver
survey. Note: the 2-acre total is likely to include areas re-treated this
year by AquaTechnex for several property owners following the failed
2002 treatment. This effort would not be covered by LMD funds.
. Permit/Notifications $ 500.00
. Contingency for permit-required water Quality monitoring $ 1,000.00
. Control of native pond weeds is not recommended in 2004 unless severe $0
problems are documented per IAVMP (i.e., when they impact beneficial
uses of the lake, such as swimming, boating, or fishing).
. Non-native pond weeds identified in the 2003 survey, such as bladderwort $ 300.00
(Utricualia) or curly leaf pondweed (potamoaeton c.), will be removed by
hand if recommended by AquaTechnex (Estimated 3 hours labor). The
precise location of these plant colonies will be identified during the
QrowinQ season followinQ the first 2004 annual diver survey.
. Post control Visual Inspection per Scope of Work. $ 500.00
. Final Report per Scope of Work. $ 350.00
Floating white water lily mat removal action will be decided by Advisory $0
Committee on an as-needed basis.
2004 Steel Lake LMD Work Plan
Februarv 26. 2004
Page I
TASK 1.
Aquatic Vegetation Control/Treatment (continued)
Control yellow flag iris (Iris pseudacorus) by providing lake residents information $0
concerning the associated environmental and legal risks of herbicide application.
This plant is located in individual patches around lakeshore, and is a Class C "Weed
of Concern". The IAVMP requires that homeowners be responsible for the
management of this emergent plant on their shoreline. (See Task 2, Public
Education)
Purchase needed equipment (electric boat motor for City of Federal Way boat). This $ 200.00
equipment will improve aquatic plant management surveillance. The Advisory
Committee decided that other equipment purchases listed in the IAVMP budget
would not be necessary this year i.e., (weed cutter, rakes, fish habitat structures,
pump, generator, and hose).
TASK 1 - Total Estimated Expenses $ 9,995.00
TASK 2.
Public Education
Goals Estimated
Expenses
A quarterly newsletter will be distributed to all LMD residents. This publication $ 100.00
will include: Advisory Committee Meeting minutes, plant management activities,
aquatic plant educational materials, and informative water quality-related topics.
Distribute an annual evaluation report that summarizes plant populations and $ 700.00
locations, control activities, and lake user's perspectives on plant communities.
Information to include color maps indicating plant community locations and
recommendations for the following year's control strategy.
An Annual Steel Lake Community Meeting will be scheduled for early spring. $ 100.00
This meeting is designed to provide lake residents an opportunity to review the
annual work plan (developed by the Advisory Committee), and allow for LMD
questions or concerns in a public setting.
A Plant Identification Workshop will be scheduled during the growing season. $ 200.00
This workshop is designed to provide LMD residents with visual examples of
both native and non-native aquatic plants. Technical personnel representing the
City of Federal Way, King County and Washington Department of Fish & Wildlife
will be prepared to provide guidance and answer questions.
Improved signage will be purchased and placed at the approach to the boat
ramp parking area to warn boaters to remove milfoil prior to launching. $ 200.00
2004 Steel Lake LMD Work Plan
February 26.2004
Page 2
TASK 2. Public Education (continued)
Volunteers from the Advisory Committee as well as other lake residents will $0
conduct outreach efforts with boaters during opening day. Boaters will be given
educational materials about non-native plants and instructed on how to prevent
re-infestation of the lake.
Begin installing LMD information on the City of Federal Way, Public Works, $0
Surface Water Management web page. Information to include electronic versions
of updated IAVMP, Advisory Committee minutes, reports, maps, and photos.
TASK 2 - Total Estimated Expenses $ 1,300.00
TASK 3.
Early Infestation Grant
Goals Revenue
Continue operating under the existing Department of Ecology Early Infestation $ 3,946.00
Grant, and submit vouchers to the Department of Ecology for Steel Lake aquatic
plant management activities conducted in 2004 until funds are exhausted.
2004 LMD Task Budget Totals
Task Expenses!
Revenue
LMD Annual Assessment $ 13,598.00
TASK 1. Aquatic Vegetation Control/Treatment $ 9,995.00
TASK 2. Public Education $ 1,300.00
TASK 3. Early Infestation Grant Revenue (+) $ 3,946.00
King County Department of Assessments LMD collection fees $ 400.00
ESTIMATED YEAR END BALANCE $ 5,849.00
2004 Steel Lake LMD Work Plan
February 26. 2004
Page :I
Appendix B
2004 AquaTechnex Final Report
24
2004 STEEL LAKE LMD
FI NAL REPORT
Gill of Federal Wav
Sleellake 2004
Year End Repon
P.O. Box 118. Centralia, WA 98531. (360) 330-0152. Fax: (360) 330-0174. www.aquatechnex.com
11-8-04
Daniel Smith, Water Quality Coordinator
City of Federal Way
P.O. Box 9718
Federal Way, W A 98063-9718
RE:
2004 Aquatic Plant Management of Steel Lake
Dear Dan,
Thank you for enlisting the services of AquaTechnex to assist in the control effort of
Eurasian watermilfoil (EWM) and White Water Lily control at Steel Lake. As per
contract, this 2004 Year End Report will describe the methods and results associated with
the control and surveys of Steel Lake. Incorporated with this Year End Report are
GPS/GIS maps, a table depicting lake morphology and plant species occurrence at Steel
Lake. Lastly, this Year End Report contains an assessment of the effectiveness of the
Eurasian watermilfoil and White Water Lily control and recommendations for 2005
management activities.
AquaTechnex aquatic biologists reviewed Steel Lake May 17 and 18,2004 to complete
the first systematic survey. The following equipment was used to complete this survey:
boat, SCUBA gear, global positioning system (DGPS), and dive sled. A diver swam
transects and was pulled behind the boat using a dive sled to view submerged plant
species and densities throughout the littoral zone. The diver would surface to report
plant species and densities as they changed to the technician in the boat. At the point of
species change the boat technician would record reported species, densities and location
using the DGPS unit. The submerged survey was followed by a visual survey of
emergent and floating leaf aquatic plants which were also recorded using a DGPS unit.
All data was then used to generate detailed maps of plant locations and densities. Please
review figures 1-1 thru 1-4.
Results of this survey indicated the invasive species Eurasian watermilfoil (EWM) and
White Water Lily (WWL) densities have increased or remain unchanged. In 2003 the
EWM was controlled through diver hand pulling. Results indicated last years effort to
eradicate the few scattered locations was unsuccessful. Few areas showed reduced
densities and a few new patches were found during the May survey. No WWL control
was completed in 2003. Many of the lily areas have filled in or expanded from 2002.
The native species Po/am age/on amp/~fbliolls was noted as increasing in littoral zone
coverage and density. Lastly, 3 locations of Japanese knot weed were located and
recorded on the shoreline of Steel Lake. See figures 1-1 thru 1-4.
The first control effort was completed July 9th. Both EWM and WWL were controlled in
a combined effort. Two teams of licensed aquatic herbicide technicians applied the
herbicides to Steel Lake in a joint effort. The two teams started at the park boat launch
and began the application by one team applying AquaPRO to the WWL and the second
team applying OMA4 to EWM. Each team continued around the lake in opposite
directions. AquaPRO (Active ingredient Glyphosate) was applied in a foliar spray at the
labeled concentration of active ingredient to kill all exposed lilies. The herbicide was
directly applied to the lily pads, controlling the spray through aiming the spray gun,
covering each pad with the liquid product, increasing the effi~acy of the treatment.
DMA (active ingredient 2,4-0) was applied by injecting DMA directly over the EWM
weed beds. Two technicians used a motorboat containing a 20 gal sprayer with
connecting boom, DGPS unit and survey map. This team concentrated on the portion of
Steel Lake with EWM (see figures 1-2 and 1-6).
On July 30, two AquaTechnex technician teams returned to the lake with the same
equipment needed to perform a second WWL treatment. Technicians again used
AquaPRO dispersed with spray guns to control the remaining patches ofWWL.
AquaTechnex aquatic biologist assessed the results of the two herbicide treatments at
Steel Lake on August 101h. Equipment used to complete this visual survey was a boat,
polarized glasses, view scope, grab rake, and global positioning system (DGPS).
Biologist took grab samples and visually inspected the littoral zone to determine the
effectiveness of the control effort. It was detennined the EWM was effectively
controlled and the WWL was in the process of dying.
AquaTechnex aquatic biologists performed a final systematic survey of Steel Lake on
September 8,2004. The following equipment was used to complete this survey: boat,
SCUBA gear, global positioning system (DGPS), and dive sled. A diver swam transects
and was pulled behind the boat using a dive sled to view submerged plants species and
densities throughout the littoral zone. The diver would surface to report plant species
and densities as they changed to the technician in the boat. At the point of species change
the boat technician would record reported species, densities and location using the DGPS
unit. The submerged survey was followed by a visual survey of emergent and floating
leaf aquatic plants which were also recorded using a DGPS unit. Lastly, all data was then
used to generate detailed maps of plant locations and densities. Please review figures 2-1
thru 2-4.
The September survey indicates the WWL control effort provided good reductions in
densities (see figure 2-1). A comparison can not be made between the May and
September WWL surveys maps. The majority of the WWL pads do not teach the surface
until late June to mid July (see figures 1-1 and 2-1). However, all controlled WWL Areas
on the map were reduced to a sparse density. These areas were very unhealthy and
showing signs of decay during the survey. The WWL Patches, represented by dots were
reduced from larger areas to a few remaining pads. Follow up control will be required to
effectively eradicate the control areas. By the end of 2005 it is projected 98% or greater
of the original WWL population being controlled will be eradicated.
The 2004 EWM control efforts provided excellent results. EWM populations were
completely removed from all control areas. One EWM plant was located in a new area
during the September Survey. This plant was immediately pulled by the SCUBA diver.
The suITounding area was heavily scanned and no additional EWM plants were found.
The native plants in the littoral zone of Steel Lake are increasing in surface area covered.
Floating leaf and submerged aquatic plants covered approximately 60 percent of the lake
littoral zone. Noted submerged plants with increased densities are P. ampl~folious, and
Naja.\'. Non-native invasive species lrispseudcorus, and Polygol1um cuspidatum are also
expanding in their range.
As a result, AquaTechnex proposes the following management actions for 2005 at Steel
Lake:
.
Systematic survey in late spring to determine the 2004 control effort. Each
season EWM auto-fragments in the fall as their mode of reproduction. These
newly establishing plants are in general visible only to SCUBA divers and it is
critical these plants are not missed.
.
In reviewing the results of the 2004 EWM control effort the spring 2005
survey will determine type or if control is needed.
.
Perform fragrant whitewater lily control at the point when most lily pads are
on the surface, nonnally the middle to end of July. Use a systemic herbicide
to provide eradication.
.
Review Iris and Japanese knotweed status and discuss control.
.
Follow-up control efforts with a complete littoral zone visual survey.
Marking all viable EWM plants, if any, using GPS equipment to record any
remaining or new control areas.
.
Any remaining plants showing signs of life must be removed. It is important
any known viable EWM plants remaining could fragment new viable plants
and must be controlled. Deploy decided control prior to auto-fragmentation.
It is possible plants will remain after the 2004 control efforts. Our goal is
eradication, this will only occur with active management through thorough
surveys followed with herbicide applications, SCUBA diver hand pulling
and/or bottom baITiers (depending on densities).
.
Perform a second lily herbicide application by mid August if needed to touch
up any remaining fragrant whitewater lily plants.
.
Perform final systematic survey. Record all species and extents using Trimble
GPS. Record raw data and into GIS software. Build maps documenting 2005
survey results.
We here at AquaTechnex would like to thank the City of Federal Way for the opportunity
to aid in the EWM and WWL management efforts at Steel Lake. Our prior management
activities have given us unique insight concerning the EWM control efforts at the lake
and we look forward to working with City and residents to maintain all of the beneficial
uses of the lake that those in the community currently enjoy. Please do not hesitate to
contact us if you have any questions concerning this Year End Report.
Figure 1-1.
Steel lake May 2004
Floati ng Leaf Plant
Survey
Legend:
. Patch of moderate Nymphaea spp.
Patch of sparse Mymphaea spp.
- Large area of Nymphaea spp.
- Large area of Nuphar spp.
-+
AQuaTl:c.nex
.,......,.,. .". 5. .....~
c' c.'. ','.'.""'..-,
100
0
100
200 Meters
Figure 1- 2.
Steel Lake May 2004
Eurasain watermilfoil
Survey
Legend:
. Eurasian watermilfoil: 1 - 3 plants
Eurasian watermilfoil: 4 - 6 plants
. Eurasian watermilfoil: 7 - 10 plants
+
.~
"""","'."""0"
100
0
100
200 Meters
]
Figure 1-3.
Steel Lake May 2004
Emergent plants survey
Legend:
. Typha spp. point
.. Typha spp. area
. Elocharis spp. point
.. Eleocharis spp. area
. Polygonum japonicum
Iris pseudacorus point
c=J Iris pseudacorus area
.. Scirpus spp. area
. Scirpus spp. point
+
..~
n" .,."".,.-"""
100
0
100
200 Meters
Figure 1-4.
Steel lake May 2004
Submerged plants survey
Legend:
. Ultricularia spp.
- Potamogeton amplifolius/richardsonii
. Potamogeton amplifoliuslrichardsonii
- Naja spp. and chara mixed
-+
A~uall1c.nex
~:~:.~;':',:,'~;.;',;,~':~
100
0
100
200 Meters
Figure 1-5.
Steel Lake May 2004
Sediment survey
Legend:
c=J Sedimentary/Metasedimentary rock
.. Organic muck
-+
Aqua TI:cllRl:x
~:~:,~:';',::~;.~~~~':~
100
100
0
200 Meters
-
.-
~
-
.-
E
...
CI)
....
cae.
u)CI)~ns
I~C:E
~ ftS ftS-
CI) ...J .- 0
... - U) ...
~CI)ca"
mCÞ"'c
.- .. ~ 0
U-(I)WO
~
s
CP
:E
ftS
!
ftS
Õ
...
-
r::
0
(,)
~
'ê
fd
~
r::
.. ftS
"C ïii
c t!
Q) ~
C)W
~~
(:)
(:)
N
(:)
(:)
....
(:)
*
,.
(:)
(:)
....
Figure 1-7:
Steel lake 2004
White Water lily
Control Zone
Legend:
. Patch of moderate Nymphaea spp.
Patch of sparse Nymphaea spp.
- Large area of Nymphaea spp.
- Large area of Nuphar spp.
~ Nymphaea spp. control zone
+
.~
n', M'< '"""..""",,
100
0
100
200 Meters
Figure 2-1.
Steel lake September 2004
Floati ng Leaf Plant
Survey
Legend:
Nymphaea spp. area
c=J Sparse
.. Dense
Nymphae spp. point
Sparse
. Moderate
. Dense
c=J Nuphar spp. area
Nuphar spp. point
+
AquaTechnex
"",~",~,c.n!, ",~ ,';,.,.."c..
of u"'" .".1.""aq..~"..,..
100
0
100
200 Meters
Figure 2-2.
Steel Lake
September 2004
Eurasian watermilfoil
Survey
Legend:
. Myriophyllum spicatum
Note:
The single Eurasian watermilfoil noted
on the map was hand pulled during
the survey.
+
AquaTechnex
.<t,"~~"~,, ,..,~ U,,'...n.o,.
of ~""""""..o.q..m.."'" .
100
0
100
200 Meters
~ I
Figure 2-3:
Steel Lake September 2004
Emergent Plant Survey
Legend:
. Japanese knotweed
- Typha ssp.
. Typha spp.
- Scirpus spp.
. Scirpus spp.
D Iris spp.
Iris spp.
-+
~~~!,~~.h.~
af La,. ,..'."'.Q"'~"'"
100
0
100
200 Meters
Figure 2-4:
Steel Lake September 2004
Submerged Plant Survey
Legend:
Potamogeton spp. area
- Sparse
D Moderate
- Dense
Potamogeton spp. patch
. Sparse
Moderate
~ Dense
Najas spp. mixed with Chara area
-+
AquaTechneK
""""n'-~,Q ",~ !o', ,.."".
a! '-"',. ,'.'.,~.Q"'~"'"
100
0
100
200 Meters
Table 1-1.
Steel Lake Morphology Aquatic Plant Survey, 2004
Prepared for City of Federal Way
By AquaTechnex
Steel Lake MorpholoQv
Physical Data
Drainage Area
Lake Area
Lake Volume
Mean Depth
Maximum Depth
Shorline Length
Bottom Slope
Sediment Types
0.38 sq mi
46 acres
600 ac-ft
13 ft
24 ft
1 .3 miles
1.50%
Inflow
Outflow
Unconsolidated sedimentary
de posits/Metased imenta ry
rocks/Muck (highly
decomposed organic material)
Intermittent
Absent
Aquatic Plant Species and Distribution
Distribution Value and Definitions
0 the value was not recorded
1 few plants in only 1 or a few locations
2 few plants, but with a wide patch distribution
3 plants growing in large patches, co-dominant with other plants
4 plants in nearly mono-specific patches, dominant
5 thick growth covering the substrate at the exclusion of other species
Scientific name
Emergent Plants
Typha spp.
his pseudacorus
Eleocharis spp.
Scirpus spp.
Polygonum japonicum
Floating Plants
Nuphar spp.
Nymphaea spp.
Submersed Plants
Utricularia spp.
Myriophyllum spicatum
Potamogeton richardsonii
Potamogeton crispus
Potamogeton amplifollus
Common name
Cattail
Yellow Flag Iris
Spike Rush
Bull Rush
Japanese knotweed
Yellow pondlily
Fragrant waterlily
Bladderwort
Eurasian watermilfoil
Clasping-Leaf Pondweed
Curly-Leaf Pondweed
Large-Leaf Pondweed
Status and comments
4
4
4
4
1
1
4
1
1
4
1
4
Table 1-1 (Continued).
Scientific name
Najas spp.
Chara
Algae
Cladophora spp.
Anabaena spp.
Common name
Naiad
Muskgrass
Status and comments
3,5
3,5
Filamentous green algae
Filamentous blue-green algae
0
a
Remarks
Emersed aquatic plants are scattered in moderate to dense patches around the shoreline of the
lake. Floating leaf and submerged aquatic plants covered approximately 60 percent of the lake
littoral zone. Noted plants with increased densities are, P. amplifolious, Iris
pseudcorus, Najas and Polygonum cuspidatum .
Appendix C
Public Education Material Examples
25
2004 STEEL LAKE LMD
FI NAL REPORT
LMD: Year
Number One
By Dan Smith,
Water Quality Program
Coordinator
The LMD is concluding a
very successful first year.
Adhering to the Work Plan
presented to the lake resi-
dents last February, the Ad-
visory Committee set out to
implement an effective
aquatic weed management
program for 2004.
Based upon the findings of
the spring underwater plant
survey, two types of noxious
weeds were targeted for
treatment: milfoil and fra-
grant (white) water lily. A
total of five (5) acres of mil-
foil were treated with 2,4-D;
and approximately two (2)
acres of fragrant water lily
was eradicated with gly-
phosate. Both of the aquatic
herbicides were applied un-
der a State of Washington
permit.
Early on, management of the
LMD required a review of
the scope of work proposed
by the contractor. This was
followed by constant over-
sight of their performance.
Committee members were
continually plugged into the
process, providing valuable
input when required; and
Surface Water Management
(SWM) staff responded to
citizen concerns.
Volume 3 Page
October
JAPANESE KNOTWEED, A NEW NOXIOUS
WEED ARRIVES ON THE LAKE
By Don Robinett, ESA
& NPDES Coordinator
A very aggressive nox-
ious weed has been ob-
served on a few proper-
ties on Steel Lake this
year. While only a few
Japanese knotweed
plants have been ob-
served, it should not be
neglected because this
plant has a habit of
quickly out competing
and crowding out all
other plants in the area.
This plant thrives primar-
ily in the late spring and
summer, but appears to
die back in the winter.
However, its resilient
horizontal root structure
is still alive and will
sprout even more plants
the following growing
season.
Knotweed is also diffi-
cult to remove. Its root
structure can spread out
underground in a 25 ft
radius from a single
plant. So, if you try pull-
ing or digging it up, the
root fragments left be-
hind will grow new
plants. So pulling or dig-
ging it up actually en-
courages growth.
Weed whacking does not
- .....-
,~, .~~
~: ' ,
.. ' ,,~,'t -
~ ..,. -" """ ?,., '-'II' 'j'
'\' ,,-\\ {.'. '\i.. " . ".: '.~'" r".." '~
...i.t.¡ii,i: ~,.:'t\' ',~ ~i~"."l\-""" ,..~.
'l/þ',1' ~i;;~}~:;'d'~' \J!:,:
~.1i:.~"*,t'('~,""'~~ '~ir.,~,i,'V.Þ}j,~~! \ ',. . '~'."!4t~,~r.."
,.. : '.ù.'.I.,,'~r':;W?,"'; . ,"'~' bi. \,"}~~Tt"'I¡' ."
, ",",'W",,> -.,",~\I.>'!':'~' j.,~.",
. ,..-,'...;;i." ......>~...., Jfò',"~
. ~ ,'¡" ,TlIA '\"j ¡. J "
'~ :{.!iV f.f~, It:
.' , ,{ '.' """,', \,
~!
>'
"
.
'\
, "',
Japanese Knotweed
(polygonum cuspidatum)
It's tall red stems resemble bamboo
work either. While cut-
ting back the stems may
slow the growth of the
original plant, any plant
fragments left behind or
placed in a compost pile
will likely sprout new
plants.
Recommended Treat-
ment
According to the Univer-
sity of California- Davis
web site, herbicides con-
taining glyphosate[N-
(phophonomethy 1)
glycine] have been found
to be very effective
against Japanese knot-
weed. Application is
more effective in the fall
when leaves are translo-
cating to rhizomes
(horizontal root struc-
ture). Application of this
chemical near water may
only be done by contrac-
tors licensed by the state
for the use of aquatic her-
bicides. Repeated appli-
cations over several years
may be necessary to com-
pletely eradicate this
weed.
It should be noted that
knotweed is not a species
covered under the LMD
charter, so it is up to pri-
vate property owners to
control it on their own
property.
F or more information on
Japanese knotweed check
out the following web
site: http://
tncweeds. ucdavis. edu/
esadocs/ documnts/
polycus.html.
Steel Lake
< ,Management
'DiStrict '
, C9nuriittee
, ~ embers
" Margaret Reybner,
Uke Resident
253839-5813
, MOnica Nelson,
~e Resident
253839-2735
Tom Dezutter,
Lake Resident
, 253941-6073
, MOJite Decker,
. I:á1èeResident
25,3529':'5995
cuter,
fFederal Way
. . &. Recreation
,',~S3 835-6961
, " ~in Linehafi, Lake
'i1t.eSìdent (Alternate)
2S~, 941":8005
, .~ .cR,~ Sowders,
..' .~e Resident
. (Att~ate) ,
.253941-1832
For up to date info
on LMD activities
check out the
SWM web site at
http://
www.cityoffederal way. co
mI depts/Pw/swmlswm-
Imd.htm
~
CITY OF ~
Federal Way
City of Federal Way
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
Phone: 253-835-2752
Fax: 253-835-2709
Ernail: donald.roblnett@cltyoffederalway.
com
Help Prevent Nutrient Loading in the Lake
By Don Robinett, ESA & NPDES Coordinator
With the reoccurrence of blue green
algae in Steel Lake again this year, SWM
staff and the LMD Committee want to
remind residents how important it is to
do your part to help reduce nutrient load-
ing in the lake.
Nutrients such as nitrogen and phospho-
rus can come trom many sources. How-
ever, the most common sources are lawn
and garden fertilizers, fecal matter from
household pets, ducks and geese and
soaps from car washing.
Why is nutrient loading bad? As eve-
ryone knows, nutrients can be a good
thing in the right quantities. They help to
make our lawns green and our gardens
flourish. Excessive nutrients, however,
degrades water quality and feeds noxious
weeds and bacteria (like blue green al-
gae) resulting in algae blooms and other
adverse impacts which reduce beneficial
usage of the lake.
What can you do to help prevent nu-
trient loading in the lake?
. Use a mulching lawn mower, which
will decrease the amount of fertilizer
used to maintain your lawn.
. Use organic time release fertilizers.
This will decrease the amount of nu-
LMD: Year Number One
Continued from page 1
Timely Advisory Committee meetings
were utilized to critique the LMD pro-
gram and to examine the proposed budget.
City staff strived to keep the lake resi-
dents informed this year as well, with
public meetings, a workshop, notifica-
tions, improved signage, and newsletters.
In addition, the SWM web page was the
place to obtain up-to-date LMD activity,
program milestones, and maps.
We learned a great deal this first year. The
Advisory Committee will be meeting
within the next month to review our suc-
cesses, and to begin the preparation for
2005. As we get a firm handle on the dif-
.
trients washed into the lake during
rainfall events.
Regularly pick up pet droppings
from your lawn.
Don't feed the ducks or geese.
Feeding ducks and geese encourages
them to over winter, resulting in an
unhealthy build up of fecal matter
on our docks and shores. All this
feces gets washed into the lake when
IS rams.
Wash your car at a licensed car
wash. Otherwise, soapy water,
which contains phosphorus, runs
into our catch basins which flow to
the lake.
.
.
Resident, Bill Linehan observes
water lily treatment
ficult issues - milfoil and water lily - the
LMD can move forward by implementing
innovative ideas that will improve the qual-
ity of Steel Lake for residents and users
alike.
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 28, 2005
Land Use and Transportation Committee
David H. Mo~ Manager rr7~-7
Paul A. Bucich, P~'., S~rface Water Manag~)
North Lake Aquatic Weeds Management Grant Acceptance
POLICY QUESTION:
Should the Council accept a Department of Ecology Grant for Aquatic Weeds Management on North
Lake in the amount of$80,2l0.03 ($59,934.63 reimbursable)?
BACKGROUND:
Prior to annexation, King County and the residents of North Lake applied to the State Department of
Ecology for an Aquatic Weeds Management Grant. The purpose of the grant is to assist residents and
the local jurisdiction managing invasive aquatic weeds in the lake. Historically, North Lake has
experienced an on-going struggle with noxious aquatic weeds, including milfoil, fragrant water lily and
purple loosestrife. Prior to submittal of the grant application, City staff discussed with King County
staff and the North Lake Homeowners Association who would manage the grant if it came through and
the area was successfully annexed to the City. The type of work required for the grant is of like nature
to work City SWM staff has conducted on Steel Lake for the past four years. As such, SWM staff is
capable of managing the work as well as the grant. If the City does not step in to manage the work and
the grant, the residents of North Lake will lose out on the state funding. Acceptance of the grant will
require City SWM staff time, but the grant will reimburse a significant portion of the expense. SWM
believes the additional work can be accommodated and is complimentary to the on-going Steel Lake
LMD efforts. There will be an economy of efforts since staff will work on Steel Lake and North Lake at
the same time and propose to use one contractor for the aquatic weeds management, e.g., herbicidal
applications and diver surveys.
The break down of the $80,210.03 grant is as shown on the attached table. The City's out of pocket
expenses are anticipated to be approximately $2,950 over three years. This does not include staff time
that is expected to be reimbursed through the grant at 75%. The maximum reimbursement from
Ecology is $59,934.63 (approximately 75% of total work).
OPTIONS:
1. Authorize the City Manager to negotiate the final grant details with the Department of Ecology
and execute an agreement with Ecology for aquatic weeds management in North Lake. The
grant total is expected to be $80,210.03 with a 25% match of in-kind contributions and cash
match.
2. Direct the City Manager to reject the Department of Ecology Grant and provide direction to staff.
STAFF RECOMMENDA nON:
Staff recommends forwarding Option I to the March 15, 2005 City Council Consent Agenda for
Approval:
Authorize the City Manager to negotiate the final grant details with the Department of Ecology and
execute an agreement with Ecology for aquatic weeds management in North Lake. The grant total is
expected to be $80,210.03 with a 25% match of in-kind contributions and cash match.
COMMITTEE RECOMMENDA nON:
Forward the above staff recommendation to the March 15, 2005 City Council Consent Agenda.
, ,
" ""
"", AÞPROV ~ °I\c'~Ol\'Jl\'JITl'JJ:,E RE.,POR,'I',: :',':::'
,,' , " , ','" ' ", ... ,
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" ,~..
"",
'" "",
','",
'"..,
'.. ..'
"'"
'" :""
,;:;:Jack DoveY~,Ch~
..' ..
",.,
"." " ,,', ,,'
",:":,, , "'.... ,,' ""'...' ,
'Michael pà~k, MeiJ¡ber ,.'"
","',: '/"""
,.,.,: '.." ..'" ,';':
,,"" " , " '.., ".,"
~r¡c Fais~ìì'1\fernb~r '
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cc: Project File/North Lake A WMG
n:.,iI: !Jk" "(PH:, weds
Match Amounts
Total Project cost = $80,210.03 i
Budgeted Match % of Total
75% of tota I project $60,157.52 ;
Required match $20,052.51 Budgeted in-kind match $13,825.00 17.2%
Budgeted cash match $ 6,450.40 8.0%
Ecology $ after match $59,934.63 74.7%
K' d M t h'
F
d
n- In ac Ing un s
Item Cost Units Unitsl year Years Notes Total
Volunteer hours $ 15.00 per hour 135 5 8-10 very active $10,125.00
community members. -2
certified divers on lake.
Time estimates include
boat surveys, diver
training, bottom barrier
maintenance, steering
committee meetings,ID
workshops, educational
fl~r development.
Educational Materials $ 500.00 per year 1 5 Communitymember $ 2,500.00
De\elopment and time spent developing
Presentation materials and presenting
materials to youth
groups and other
organizations
Boat rental $ 40.00 per day 6 5 $ 1,200.00
Total est. in-kind
match $13,825.00
Cash Match
Item Cost Units Unitsl year Years Notes Total
Community self-tax $ 500.00 per year 1 5 Based on $ 2,500.00
implementation of one or
more community-based
funding strategies
outlined in IAVMP. Will be
assessed annually into
future (indefinitely).
KG DNRP Noxious Weed $ 1,000.00 per year 1 1 Dedicated cost share $ 1,000.00
Control Program Cost Share funds from Noxious
Weed Control Program
Grants $ 1,000.00 per year 1 2 Estimate based on likely $ 2,000.00
sources.
KG Staff - Aquatic Noxious $31.68 per hour 10 3 See below for salary and $ 950.40
Weed Specialist burden rates as of 2003.
Total est. cash match $ 6,450.40
't
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CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 28, 2005
Land Use and Transportation Committee
David H. ~ Manager ff9) -
Paul A. Bucich, ~E., Šurface W atee Manag~ .
Aquatic Weeds Management Request For Proposals
POLICY QUESTION:
Should the City Surface Water Management Staff issue a Request for Proposals for aquatic weeds
management in accordance with the Lake Management District (LMD) No. I annual work plan for Steel
Lake? Should the RFP include work on North Lake in accordance with the Department of Ecology
approved Integrated Aquatic Vegetation Management Plan (IA VMP) for North Lake thereby achieving
an economy of scale and costs?
BACKGROUND:
Surface Water Management is preparing a Request for Proposals for aquatic vegetation management for
Steel Lake in accordance with the approved IA VMP and the recommendations of the Steel Lake
Management Advisory Committee's annual work plan. This work will utilize a consultant to conduct
surface and underwater surveys of Steel Lake for invasive aquatic weeds including milfoil, fragrant
water lily, purple loosestrife, and yellow iris. The contractor would also provide aquatic herbicide
treatment for selected plants. SWM staff provides water monitoring, public education of efforts, and
preparation of a final report on the annual removal efforts. The work is funded by Lake Management
District No. I (Steel Lake) with Surface Water Management providing support services through
management of the contract and staff time.
Surface Water Management has utilized the same finn for three years and feels it is time to re-advertise
the work.
If the Council agrees, SWM would like to include efforts on North Lake for aquatic vegetation
management in the RFP due to the similar nature of work. While inclusion of North Lake will result in
increased annual expenditures by the utility, if the Council approves acceptance of the Ecology grant for
aquatic weeds management, the actual out of pocket expenses are estimated to be less than $3,000 over
three years.
OPTIONS:
1. Authorize the Surface Water Utility to prepare and advertise a Request for Proposals for aquatic
vegetation management for Steel Lake in accordance with the IA VMP for Steel Lake and the
direction of the Steel Lake Advisory Board's annual work plan. Direct the City Manager or
designee to negotiate a contract based on the proposals and execute the contract in accordance
with City purchasing guidelines.
2. Authorize the Surface Water Utility to prepare and advertise a Request for Proposals for aquatic
vegetation management for Steel Lake in accordance with the IA VMP for Steel Lake and the
direction of the Steel Lake Advisory Board's annual work plan and the IA VMP and Ecology
Grant for North Lake. Direct the City Manager or designee to negotiate a contract based on the
proposals and execute the contract in accordance with City purchasing guidelines.
3. Direct staff to not issue the Request for Proposals and provide direction to staff.
ST AFF RECOMMENDA nON:
Staff recommends forwarding Option 2 to the March 15, 2005 City Council Consent Agenda for
Approval:
Authorize the Surface Water Utility to prepare and advertise a Request for Proposals for aquatic
vegetation management for Steel Lake in accordance with the IA VMP for Steel Lake and the
direction of the Steel Lake Advisory Board's annual work plan and the IA VMP and Ecology Grant
for North Lake. Direct the City Manager or designee to negotiate a contract based on the proposals
and execute the contract in accordance with City purchasing guidelines.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 15,2005 City Council Consent Agenda.
APPROVAL OF COMMITTEE REPORT:
~- Jaek Dovey, Chair
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Eric Faison, Member
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cc: Project File/Steel Lake LMD I Annual work plan
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CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 28, 2005
land Use and Transportation Committee
David H. Moß~anager ,,~--
Marwan Sall~um~.~., S~eet Systems Manager~.--
2005 Asphalt Overlay Project Bid Award
POLICY QUESTION:
Should the Council award the 2005 Asphalt Overlay Project to the lowest responsive, responsible bidder?
BACKGROUND:
Four bids were received and opened on February 9, 2005 for the 2005 Asphalt Overlay Project; please see
attached Bid Tabulation Summary. The lowest responsive, responsible bidder is lakeside Industries with a total
bid of$I,45l,724.49.
AVAILABLE FUNDING:
The budget for the 2005 Asphalt Overlay Project is $1,753,767, and is comprised of the following:
2005 Overlay Budget
2005 Structures Budget
2004 Carry Forward
Mitigation
Total Funding Available
ESTIMATED EXPENDITURES:
The following is a breakdown of the estimated total project construction costs:
SCHEDULE
A
B
C
D
E
F
G
DESCRIPTION
S 320th Street (25th Avenue to 1-5)
11 th Avenue S (S 320th Street to S 324th Street)
S 344th Street (SR-99 to 9th Avenue S)
Palisades
West Marc
19th Avenue SW
Madrona Meadows
ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS:
10% Construction Contingency
Pavement Management System
In-house Design
Construction Administration
City's Administrative Fee
Printing and Advertising
ESTIMATED TOTAL PROGRAM COST:
$1,481,000
$124,767
$ 48,000
$100,000
$1,753,767
AMOUNT
$234,574.36
$218,585.31
$77,589.52
$196,082.52
$344,780.67
$94,506.52
$285,605.59
$1,451,724.49
$145,172.45
$22,000
$75,000
$75,816
$73,229
$3,500
$1,846,441.94
February 28,2005
Land Use and Transportation Committee
2005 Asphalt Overlay Project - Bid Award
Page 2
In order to stay within budget it is recommended that Schedule "F" (19th Avenue S) be deleted from the
project and a contract amount of$I,357,217.97 be awarded to Lakeside Industries.
OPTIONS:
1. Award Schedules A, B C, D, E, and G of the 2005 Asphalt Overlay Project to Lakeside Industries lowest
responsive, responsible bidder, in the amount of $1,357,217.97 and approve a 10% contingency of
$135,721.80, for a total of $1,492,939.77, and authorize the City Manager to execute the contract. If
project funding allows, approve adding all or a portion of Schedule F back into the contract with the
understanding that the total cost will not exceed the total funding available for this program.
2. Reject all bids for the 2005 Asphalt Overlay Project and direct staff to rebid the project and return to
Committee for further action.
3. Do not award the 2005 Asphalt Overlay Project to the lowest responsive, responsible bidder and provide
direction to staff.
STAFF RECOMMENDA nON:
Staff recommends forwarding Option 1 to the March 15,2005 City Council Consent Agenda for Approval:
Award Schedules A, B, C, D, E, and G of the 2005 Asphalt Overlay Project to Lakeside Industries the lowest
responsive, responsible bidder, in the amount of $1,357,217.97 and approve a 10% contingency of
$135,721.80, for a total of$I,492,939.77, and authorize the City Manager to execute the contract. Ifproject
funding allows, approve adding all or a portion of Schedule F back into the contract with the understanding
that the total cost will not exceed the total funding available for this program.
COMMITTEE RECOMMENDA nON:
Forward the above staffrecommendation to the March 15,2005 City Council Consent Agenda.
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Project File
k:llutc\2005\2-28-05 2005 asphalt overlay project- bid award.doc
2005 ASPHALT OVERLAY PROJECT
RFB No. 05-102
BID OPENING DATE FEBRUARY 9, 2005
Vendo, Name ->
Loeat'on ->
Item
SCHEDULE A - SOUTH 320TH STREET
1 Mob"zation @ 10%
2 T,affie Contmllabo,
3 Road,;de Clean"p
4 A'phalt ConCiete Saw,"«ing
5 Roadway E" Inel. H""'
6 Con,t",tion Gootextile fo, Sepa,ation
7 CSTC fo, Pavement Repai, & Widen"g, 100 H""'
8 Pla",ng of Bif"m,"o", Pavement
9 A,phalt ConCiete Pavement CI. A
10 ACP CI. A fo, Pavement Repa" & Roadway W'den"9
11 A'phalt ConCiete Pavement fo, P,,;eve"o9 CI. A
12 Pav,ng Fab,ie
13 AdJ"'t Mooho;e
14 Adj"" Catch Ba""
15 Wheel Cha" Ramp Type " Complete
16 Removal ood Replacemeot of Cooe"te Sidewalk
17 Removal ood Replaeemeot of Type C P,ee.,t naif" Cu'b
18 Ra;,ed Pavemeot Ma'ke', Type 2
19 Hyd<ant Ma,k", Type 2B
20 Deteeto, Loop'
21 Paint Lioe
22 PI.,tie Lioe
23 PI.,tieT<affie Anow
24 PI.,t" Stop Lioe
25 PI.,tie Cm"walk Lioe
26 Pa"tW;deLioe
27 PI.,tie Wide Line
SCHEDULE. - 11TH PLACE S
1 Mob"zat,on@ 10%
2 T,alfie Contmllabo,
3 Road,ide Clean"p
4 A'phalt Cone,," Saweu«ing
5 Roadway Exe Incl. Haul
6 Con,IIuclion Geotextile fo, Sepa,ation
7 CSTC fo, Pavement Repa" & Wide",ng, Inc. Haul
8 Plan;ng of Bitumino", Pavement
9 A'phalt ConCiete Pavement CI. A
10 ACP CI A fo' Pavement Repa" & Roadway Widening
11 A'phalt ConCiete Pavement fo, P,,'eve"ng CI A
12 Paving Fab'ic
13 AdJ"'t Manhole
14 AdJu" Catch B.,'"
15 AdJu" Exi,t"g Monument C.,e & Cov"
16 Wheel Cha" Ramp Type " Complete
17 Wheel Cha" Ramp Type 2, Complete
18 Removal and Rep;aeementofExt,uded Conc"teCu,b
19 Removal and Replacement of ConCiete C",b & Gu«"
20 Removal and Replacement of ConCle" Sidewalk
21 Removal and Replacement of Cone,," ApplOaeh
22 Rai"d Pavement Ma<k", Type 2
23 Hyd'ant Ma,k", Type 2B
24 Deteclo, Loop'
25 Pa"t Line
26 PI.,t" Lioe
27 PI.,tie T,aff" Anow
28 PI.,tiey,,1d Ma,ke"
29 PI.,tie Stop Line
30 PI.,tie Cm"walk Line
31 Pa"tWide Line
32 PI.,tic Wide Line
33 Paint ExtlUded Cu,b
34 Sod
35 Portable Chaogeable Memge Sign
SCHEDULE C - 5 344TH STREET
1 Mob"zat,oo@ 10%
2 T,affic Cont'ollabo,
3 Road,ide Cleanup
4 ,,"phalt ConCiete Saweu«ing
5 Roadway Exe Incl. Haul
6 Con,t,uclion Geotextile fo, Sepatat,oo
Amount U"'t!
1 "
570 .."
1'"
1336 -
279 . -
738,-
234
6358
1941
337 -'.
100 -',
3141.'
2 .;.
10 ,,'
2 ,"
g,-
77.
2.68 ..
7 '.'
58 . ,.
4,497
1398
18 ,;.
171.'
1.180 .'
511 .
513 .
30'.'
1 "
510 ...,
1'"
426 .'
64 .-
153 ..'
73 '.
9373 ,'-
1752 ".
71 ",
100 ",
2781 "
4 ;,
t ,',
9 ,-,
3,',
2 . ,.
70 .
68 .'
12 "'
22 ..-
266 ..',.
8,';'
28 ".
351 ..
7032 '
24 -'.
11 ,.,
101 .'
760 '
233 .
395 .'
70 .'
5.,'
20: '.'
1 ."
180 "°,
1 ",
677 '
175 : ,
420 ,1
81111
L....," ind1<.-
KoI,U'IIA
Pric.
140,000-00
1:IfJC-o
$01.00000
lit..
910.00
90 '0
11000
la,;
130.00
15500
13a.oO
1145
$oI('AI.QC
S:IQOOlJ
$1.~~ 00
.,Si)1A!
11600
12~o.'
1"-"0 -
1.00 }~
10.20
9120
$45.00
1'.00
1'.55
1020
11.2~
'zoo I)¡;
$40.000 00
$.."6.00
$3..000 00
SO.O'
1'000
10.10
11000
52.&<.
9sa CO
$5500
uaoo
IUS
1400.00
9300.00
I2IiO 00 ,
11.6110 00
1'.700 0'
"5. }J
$3100
154.$(¡
1110 70
s:240.00
s;¡-'Q
"25.00
lUX!
91_40
94500
S1CJ(¡.o-~
1400
S: 65
SQ.~'
11.21
SO8Ø
125,00
,2!!!!iR
. .
I
I
TÐI!IJ
140,lJI.v.00
PD,AZO.OO
.. M.COQOO
5" ..
12,7 O.00
S1UO
5U4!I.00
"1,120.301
1~,,75aOO¡
l'a.5J~ O'~,
53.0CO 00
14.;;S645,
$IOO.:JC
A.ooo.oo
"00.' <.0
11.3!<OOi!
9'.232.00
S1!17C 00
151UX!
$23.200.00
51"'40
SI.Bnec
1810.00
SI!I&4oo
11.147 DC
S19HU
164' 25
~
134,170.'1
S41i.IiDO.OO
I1UUlloo
S3,t'OOOO
1426
SlK9.0II
115.10
1159.00
S2!i,713 OS
seo,516.00
13.005.00
13.1100011
14.801175
.II.BOO OD
lSOO.OO
12.25000
14,500.00
13.400.00
$1,12000
12.81100
1702 00
12.127.40
5A1401
164.00
SI1.9QO.00,
- . ;1~'.oG
Ù...'-iC'
It,OIO I)"
51,100':
1404.'
91,~'
-,14U¡'
- '149:1.7'
. I'
51
..i!
118
Bid 2
W..tem A'phalt, Inc.
Maple Valley, WA
Price
$21,07247
$3600
$4,000.00
$2.75
$26.40
$3.30
$3080
$3.30
$45.10
$6600
$66.00
$1.54
$275.00
$275.00
$990.00
$114.00
$35.20
$385.00
$19.80
$49500
$0.12
$1.54
$187.00
$13.20
$5.50
$055
$3.30
$220.00
$18,59338
$36.00
$3,000.00
$2.75
$26.40
$3.30
$3080
$3.30
$45.10
$66.00
$6600
$1.54
$275.00
$275.00
$165.00
$99000
$99000
$11 00
$63.80
$114.00
$114.40
$385.00
$1980
$49500
$0.12
$1.54
$187.00
$82.50
$1320
$5.50
$055
$3.30
$440
$27.50
122000
$7,437.34
$36.00
$2,00000
$2.75
$26.40
$3.30
Total
$21,072.07
$20,520.00
$4,000.00
$3,674.00
$7,36560
$2,435.00
$7,207.20
$20,98140
$87,539.10
$22,242.00
$6,600.00
$4,837.14
$550.00
$2,75000
$1,98000
$1,029.60
$2,710.00
$I,03t80
$13860
$28,710.00
$539.64
$2,152.92
$3,36600
$2,25720
$6,490.00
$281.05
$1,692.90
$6,60000
$18,593.36
$18,360.00
$3,000.00
$1,171.50
$1,68960
$50490
$2,248.40
$30,930.90
$79,015.20
$4,686.00
$6,600.00
$4,282.74
$1,100.00
$275.00
$1,485.00
$2,970.00
$1,98000
$770.00
$4,338.40
$1,37280
$2,51680
$1,024.10
$15840
$13,86000
$42.12
$10,829.28
$4,488.00
$90750
$1,33320
$4,180.00
$128.15
$1,30350
$308.00
$137.50
$4,40000
$7,43734
$6,480.00
$2,000.00
$1,861.75
$4,620.00
$1,386.00
Bid 3
ICON Mate';al,
Tukwita, WA
P,lce
$40,000.00
$36.00
$4,00000
$160
$30.00
$1.00
$3000
$300
$55.00
$75.00
$55.00
$2.00
$275.00
$27500
$1,00000
$10000
51250
$350.00
$1000
$400.00
$0.17
$165
$5000
$2.00
$140
$0.25
$400
$96.00
$15,000.00
$35.00
$3,00000
$160
$3000
$1.00
$30.00
$3.00
$55.00
$75.00
$55.00
$2.00
$275.00
$27500
$17500
$1,000.00
$1,000.00
$6.00
$65.00
$10000
$11000
$35000
$10.00
$425.00
$0.17
$165
$5000
$2tOO
$2.00
$1.40
$0.25
$400
$1.00
$1600
$9600
$7,000.00
$36.00
$2,000.00
$1.60
$3000
$1.00
ge 1 f 3
Total
$40,000.00
$20,52000
$4,000.00
12,137.60
$8,37000
$738.00
$7,02000
$19,074.00
$106,755.00
$25,27500
$5,50000
$6,28200
$55000
$2,750.00
$2,00000
$900.00
$962.50
$938.00
$70.00
$23,200.00
$764.09
$2,306 70
$900.00
$410.40
$1,652.00
$12775
$2,052.00
$2,880.00
$15,00000
$18,360.00
$3,000.00
$68160
$1,920.00
$153.00
$2,'"0.00
$28,\19.00
$96,36000
$5,32500
$5,50000
$5,562.00
$1,100.00
$27500
$1,575.00
$3,00000
$2,00000
$420.00
$4,420.00
$1,20000
$2,42000
$931.00
$80.00
$11,900.00
$59.67
$I1,B02.BO
$1,200.00
$231.00
$242.40
$1,06400
$5825
$1,580.00
$70.00
$80.00
$1,92000
$7,000.00
$6,480.00
$2,000.00
$1,083.20
$5,250.00
$420.00
Bld4
Wat,on A'pha. Paving Company
Redmond, WA
Price
$27,500.00
$36.00
$4,000.00
$001
$3500
$100
$15.00
$355
$5000
$90.00
$5000
$1.65
$350.00
$350.00
$1,650.00
$100.00
$20.00
$350.00
$10.00
$46000
$0.17
$1.65
$50.00
$2.40
$1.00
$0.25
$400
$125.00
$36,000.00
$36.00
$3,000.00
$0.01
$20.00
$050
$10.00
$2.65
$4600
$6000
$46.00
$1.65
135000
$350.00
$22500
$1,650.00
$1,850.00
$12.00
$70.00
$100.00
$150.00
$350.00
$10.00
$50000
$017
$1.65
$50.00
$21.00
$2.00
$140
$025
$4.00
$1.00
$2000
112500
$29,000.00
$36.00
$2,000.00
$0.01
$30.00
$0.50
Total
$27,500.00'
$20,520.00
$4,000.00
$13.36
$9,76500
$738.00
$3,51000
$22,570.90
$97,050.00
$30,330.00
$5,000.00
$5,182.65
$70000
$3,500.00
$3,300.00
$900.00
$1,54000
$938.00
$70.00
$26,680.00
$764.49
$2,306.70
$900.00
$410.00
$1,652.00
$127.75
$2,052.00
$3,750.00
$36,00000
$1B,36000
$3,00000
$426
$1,280.00
$76.50
$730.00
$24,838.05
$80,592.00
$4,260.00
$4,600.00
$4,588.65
$1-'00.00
$35000
$2,02500
$4,950.00
$3,700.00
$840.00
$4,760.00
$1,20000
$3,30000
$931 00
$8000
$14,000.00
$59.B7
$",602.80
$1,200.00
$231.00
$242.00
$1,064.00
$58.25
$1,580.00
$70.00
$10000
$2,500.00
$29,00000
$6,480.00
$2,00000
$6.77
$5,250.00
$210.00
En9lnee.. Estimate
Price
$24,12565
$36.00
$4,000.00
$120
$35.00
$100
$2500
$2.90
$42.00
$65.00
$42.00
$600
$36000
$360.00
$1,500.00
$70.00
$16.00
$300.00
$10.50
$450.00
1025
$120
$95.00
$3.25
$2.00
$5.50
$5.50
$155.00
$20,54063
$3600
$3,000,00
$120
$35.00
$1.00
$25.00
$2.90
$42.00
$65.00
$4200
$600
$36000
$360.00
$270.00
$1,500.00
$1,55000
$10.00
$5000
$7000
$13000
$30000
$10.50
$450.00
$0.25
$120
$95.00
$4000
$3.25
$2.00
$5.50
$5.50
$300
$16.00
$155.00
$8,07648
$36.00
12,00000
1120
$35.00
$100
Total
$24,,25.651
$20,52000
$4,00000,
$1,60320'
$9,765.00
$738.00
$5,850.00
$18,438.20
$81,522.00
$21,905.00
$4,200.00
$18,846.00
$720.00
$3,60000
$3,000001
$63000:
$1,232.00
$804.00
$7350
$26,100.00
$1,124.25
$I,677.BO
$1,710.00
$555.75
$2,36000
$2,810 50,
$2,82150!
$4,65000,
$20,540.63
$18,360.00
$3,000.00
$51120
$2,240.00
$153.00
$1,825.00
$27,181.70
$73,584.00
$4,61500
$4,200.00'
$16,686001
$1,"0.00
$360.00'
$2,430.00
$4,500.00
$3,100.00
$700.00
$3,400.00
$84000
$2,860.00
$79800
$84.00
$12,600..001
$8775
$8,438.00'
$2,28000'
$440 001
1328.251
$1,520001
$1,281.501
$2,17250:
$21000,
$80.00
$8,076.48
$6,480.00
$2,00000
$812.00
$6,125.00
$42000
2005 ASPHALT OVERLAY PROJECT
RFB No. 05.102
BID OPENING DATE FEBRUARY 9 2005
Bld2 Bld3 Bid.
Veodol N,me --> We,'em "'ph,It, Ino ICON M,'ell,l, W,',on A'ph,1t Pevlng Comp,ny I Engln.... E.timot.
Lo"tlon ----> T"kwll, WA Redmond WA
-:;.,. - '.
7 CSTC fo, Pevemen' Rep"1 & Widening, Ino H,", 194 ", - ,=',)~),_a.ao- $30.80 $5,975.20 $30.00 $5,820.00 $10.00 $1,940.00 $25.00 $4'850001
8 PI,",ng ofBIt"m,no", P,vemen' 2651:" '~-C-I2.5Ii. $3.30 $8,748.30 $3.00 $7,95300 $400 $10,604.00 $2.90 $7,687.90
9A,pheItCon"eteP,vemen'CIA 603 '< 1387$. $45.10 $27,195.30 $55.00 $33,165.00 $52.00 $31,35800 $42.00 $25,326.00
10 ACPCI Afol P,vemen' Rep'"& Roedw'yWIdenln9 170". Slif,QG' $63.80 $10,846.00 $75.00 $12,750.00 $60.00 $10,20000 $65.00 $11,05000
11 A,ph,1t Con"ete P,vemenlfol Plelevelln9 CI A 50 :'j SJ876 $6380 $3,190.00 $55.00 $2,750.00 $52.00 $2,600.00 $42.00 $2,100.001
12P,vongF'b"o 787.;' 1200 $1.54 $1,211.98 $2.00 $1,574.00 $2.50 $1,967.50 $8.00 $4,722001
13 AdJ",tC,tohB,,'n, 1,', '300110 $275.00 $275.00 $275.00 $275.00 $350.00 $350.00 $360.00 $36000:
14 Adj",tE,',tlngMon"men'C", & Covel 3", $25000 $165.00 $495.00 $17500 $52500 $225.00 $67500 $27000 $810.00
~~ ~:~:~~,":~:::¡,::~:~; ~o;~::te Sldew,'k 2; '.': i S~:.: :~~~~~ :;:~:~~~ $~~~~~~ :~:~~~~~ $~~~~~~ :~:~:: $1~~~~~ :~:~~~~~
17 HydlentM"kel,Type2B 3"'! -'1800 $19.80 $59.40 $10.00 $30.00 $10.00 $30.00 $10.50 $31.50
18 Port,ble Ch,n e,ble Mem e 51 n 20 :,.,! $200 CiJ i22000 $4,400.00 $96.00 $1,92000 $125,QO_----.J.2,500.00 $155.00 $3,10000
SCHEDULE D- PAU5ADE5
1 MObll"tlO'@10%1..I$!.UOOOO$16,940..00$16,940.00 $22,00000 $22,000.00 $60,00000 $60,000.00 $20,649..41 $20'849.411
2 Tleff" ContlOll,boi 550 ,.., $38.00 $36 00 $19,80000 $36.00 $19,80000 $36 00 $19,800.00 $3600 $19,80000
3 Ro,d"de Cle,n"p 1.. S3,aoot» $3.000.00 $3,00000 $3,00000 $3,00000 $3,00000 $3,000.00 $3,000 00 $3,00000,
4 A,ph," Con"ete S,w,"",ng 3662 " 1Q.01 $2.75 $10,070.50 $160 $5,859.20 $0.01 $3662 $120 $4,394.401
5 Ro,dw,y E" Inol H,"I 375 : . $10.00 $2640 $9,900.00 $30.00 $11,250.00 $20.00 $7,500.00 $35.00 $13,12500:
6 CO"""ctlO' Geote"'"e fOi Sep",t", 1498.' 10.10 $330 $4,943.40 $100 $1,498.00 $0.50 $749.00 $1.00 $1,498.00
7 CSTC fol P,vement Rep,,' & Wlde"'g, 100 H,"I 462 ", "000 $30.80 $14,229.60 $30.00 $13,860.00 $1000 $4,620.00 $25.00 $11,550.00
8 PI,"on9 of BIt"mlno", P,veme" 57B8 " 12 15 $3.30 $19,10040 $3.00 $17,364.00 $5.50 $31,834.00 $2.90 $16,785.20
9 A'ph,ItCon"eteP,vemenfCIA 780 ',i<IIJ~5 $45.10 $35,178.00 $55.00 $42,900.00 $77.00 $60,060.00 $42.00 $32,760.00
10 ACPCI AfOlP,vemenl Rep"1 & Roedway W'denlng 428", 85800 $63.BO $27,306.40 $7500 $32,100.00 $77.00 $32,95600 $6500 $27,82000
11 "'ph,1t Con"ete P,vement fOi Plelevellng CI A 100',! 148:¡S $63.BO $6,380.00 $5500 $5,500.00 $77.00 $7,700.00 $42.00 $4,200.00
12 P,vln9 F,b,'o 3809 ..' ' -"5-UO $154 $5,865.86 $2.00 $7,618.00 $165 $6,26485 $6.00 $22,854.00
13 Adl"'t C,toh B"on, 3 . ,. S30GDO $27500 $82500 $27500 $825.00 $350.00 $1,050.00 $360.00 $I,OBOOO
1. Ad)",' ExI,tln9 Mon"ment C"e & C"el 20 . ,. : 125000 $16500 $3,300.00 $175.00 $3,500.00 $225.00 $4,500.00 $270.00 $5,40000
15 WheelCh"IR,mpTypel,Complete 10 .. ",5OCOO $990.00 $9,900.00 $1,00000 $10,000.00 $1,650.00 $18,500.00 $1,500.00 $15,00000
16 Wheel Ch,l, R,mp Type 2, Complete 7 , ... 11.100.00 $990.00 $6,93000 $1,000.00 $7,000.00 $1,850.00 $12,950.00 $1,550.00 $10,850.00,
17 Remov,',ndRepleoementoIE""'dedCon"e'eC"b 97,' "'00 $11.00 $1,067.00 $600 $582.00 $12.00 $1,164.00 $1000 $970.001
18 Remov,l ,nd Repleoement of Con"ete C"b & G""el 92 .' mSll $6380 $5,869.60 $65.00 $5,980.00 $70.00 $6,44000 $5000 $4,600.00:
19 Remov,l ,nd Repleoemen' of Con"ete Sldew,lk 50 -,' 95850 $114.40 $5,720.00 $100.00 $5,000.00 $100.00 $5,000.00 $70.00 $3,500.00
20 Remov,',ndRepleoementofCon"eteApp",oh 14 :,' sapo $11440 $1,601.60 $110.00 $1,54000 $15000 $2,100.00 $130.00 $I,B20.00
21 Malnten,noe Rook foIShoolde"e"n,t"ct'on, Ino! H,"I 237", I U5 00 $30.80 $7,299.60 $3000 $7,11000 $35.00 $8,295.00 $21.00 $4,977
22 Hydlant M"kel, Type 2B 10 , <. II 11..00 $19..80 $198..00 $10.00 $100.00 $10..00 $100...00 $10..50 $105
23 PI"'"SlopLI", 46:' 1400 $1320 $60720 $240 $11040 $2.40 $11040 $325 $149
4 Sod 16 ';' moo $3300 $52800 $1600 $25600 $1000 $16000 $t600
D _u- - ---
SCHEDULE E . WEST MARC
1 Mobll"tlon @ 10% 1 .:; S45.:xJO.00 $27,270.25 $27,270.25 $6,00000 $6,000.00 $48,500.00 $48,500.00 $36,673.04 $36,673
2 Tlafflo Cont"II,bOl 760 ". SJI! co $36.00 $27,360.00 $3600 $27,360.00 $36.00 $27,360.00 $36.00 $27,360
3 RoadSld, Cle,n"p 1 .. 13,:!OO 00 $3,000.00 $3,000.00 $3,00000 $3,000.00 $3,000.00 $3,00000 $3,000.00 $3,000
. A,ph,1t Con"ete S,woo"ong 767 .' 1001 $3.B5 $2,95295 $160 $1,227.20 $0.01 $7.67 $120 $920
5Roadw,yExoinoLHaoi 57,,' "0.l1li'- $26.40 $1,504.80 $3000 $1,710.00 $20.00 $1,140.00 $3500 $1,995
6 Con,t"ctlon Gaote"',le 101 Sep"atlOn 227,' 10 !C, $3.30 $749.10 $100 $22700 $0.50 $113.50 $1.00 $227
7CSTCIOIP,vementRepall&Widenln9,lno.Haol 70", I 110,00 $30.BO $2,158.00 $3000 $2,100.00 $10.00 $700.00 $2500 $1,750
8 PI,nm9 01 BIt"mlno", P,vemenf 12300.- i sa 85 $330 $40,590.00 $300 $36,900.00 $2.65 $32,595.00 $2.90 $35,670
9 A'phaItCon"eteP,vemenIC' A 2737 ", '317~ $4510 $123,438.70 $55.00 $150,53500 $5000 $136,850.00 $42.00 $114,954
10 ACPCL AfOi P,vement Rep,,' & RoedwayWIdenln9 70 ", I~OO $63.80 $4,466.00 $75.00 $5,25000 $60.00 $4,200.00 $65.00 $4,550.
11 A'ph,1t Con"ete P,vemenlfOi Plelevellng CL A 100 ", 131.75 $6380 $6,38000 $55.00 $5,50000 $50.00 $5,000.00 $42.00 $4,200.00
12 P,vong F,b"o 11797 ..- $135 $1.54 $18,16738 $200 $23,594 00 $140 $16,515.80 $6.00 $70,78200
13 Adl"'t M,nhole 3 " S40CCO $275.00 $825.00 $27500 $82500 $350.00 $1,050.00 $360.00 $1,08000
14 Ad,",tC"ohB"in, 13,,'" 930000 $27500 $3,57500 $275.00 $3,575.00 $350.00 $4,550.00 $360.00 $4,68000
IS AdJ",tExI,tln9Mon"mentC"e&Covei 45.... $25COO $16500 $7.42500 $17500 $7,875.00 $225.00 $10,12500 $27000 $12,15000
16WheeICh",R,mpTypel,Completo 19;,; 1'.50000 $990.00 $18,810.00 $1,000.00 $19,000.00 $1,650.00 $31,35000 $1,500.00 $28,500.00
17 Wheel Ch"1 R,mp Typ, 2, Complete 22 , ... S'-'OO.oo $99000 $21.78000 $1,000 00 $22,00000 $1,850.00 $40,700.00 $1,550.00 $34,100.00
18 Remo""nd Repleoemeot of """ded ConOiete C"b 138 .' SID 00 $11.00 $1,51800 $600 $82800 $12.00 $1,65600 $10.00 $1,380 DO!
19 Remo'" eod Rep'aoement of Con"ete C"b & G""e, 141 .. '. t36,SO $63 BO $8,99580 $65..00 $9,165.00 $70.00 $9,870..00 $50..00 $7,050.001
20 Removal and ReplaoementofCon"eteS'dewalk 49 .,- SAi\!) $11440 $5,60560 $10000 $4,900.00 $100.00 $4,90000 $7000 $3,43000
;; ~::~:;;;;: ::::~:;::;:'~:;~;:::;'~~¡~~~~:Ol Haol ~~:~ :.~ $;;~:~ :~:~~:~~ $;;:~~ :~:::~~ $;~~~~ :~::: $;~~~~ :~~~:I
23 HydlentM"k&l,Type2B 1610 3100 $19.BO $316.80 $10.00 $160.00 $1000 $180.00 $10.50 $168.001
2. Sod 49 ,:- $211110 - $33.00 $1,617.00 $16.00 $78400 $1000 $490.00 $16.00 $784.00
2S S eadH"m Com late 2 '... ~OOCCO $1,32000 $1,100.00 $2,20000 $3,500.00 $7,000.00 $2,200.00 $4.400.00'
SCHEDULE F . 19TH AVENUE 5 ,,', -
1 Mobll"""@ 10% 1 .. $9,916.46 $9,916.46 $17,000.00 $17,000.00 $30,000.00 $30,00000 $9,42472 $9,424.72
2 TI,fflo ContlOlI,bOl 225 ..¡ $36.00 $8,100.00 $36.00 $8,100.00 $36.00 $8, tOO 00 $36.00 $8,100.00
3 Roed"de Cle,n"p 1 '.' $2,000.00 $2,00000 $2,00000 $2,00000 $2,000.00 $2,00000 $2,00000 $2,000.00
4 A'phalt Con"ete Saw,"tton9 972 .' $2.75 $2,673.00 $160 $1,555.20 $0.01 $9.72 $120 $1,166.40
S Roadw,y Exo Ino! Hao' 148 :' $26.40 $3,907.20 $30.00 $4,44000 $20.00 $2,960.00 $3500 $5,18000
6 Const"otlon Geote"'"e 101 Sepaletlon 354 ,,- $3.30 $1,168.20 $1.00 $354.00 $0.50 $17700 $100 $35400
7 CSTC fOi P,v,ment Rep'" & Wldenmg, Ino. Haol 164 ", $30.80 $5,05120 $3000 $4,920.00 $10.00 $1,640.00 '2500 $4,10000
8 Pl'nlng of Blt"mlno", Pavement 2961 ,,:- $3.30 $9,771.30 $300 $8,883.00 $355 $10,511.55 $290 $8,586.90
ge 2 13
2005 ASPHALT OVERLAY PROJECT
RFB No. 05-102
BID OPENING DATE FEBRUARY 9. 2005
Vendo' Name->
Loeabon ->
9 A'phalt Cone'e'e Paveme" CI A
10 ACP CI A fo' Pavement Rep'" & Roadway Widenin,
11 Asphalt Cone,..e Pavement fo, P,elevelin, CI A
12 AdjU" M,"hole
13 Adju,' Ex"bn, Monumen' C"e & Cove,
14 Wheel Chai, Ramp Type " Comple'e
15 Removal ,"d Replaeeme" of Type C P,ee'" T"fjk Cu,b
16 Ra"ed Pavement M..ke', Type 2
17 Hyd"n' M..ke" Type2B
18 De'ee'" Loop'
19 PI"beUne
20 PI"be T"ffie Anow
21 PI"be C""walk lone
22 Portable Ch,"oeabie Me"'oe Sion
SCHEDULE G - MADRONA MEADOWS
1 Moblizaboo @ 10%
2 T"fjie Coo',,' lab"
3 Road"de Cle,"up
4 A'phelt Coo"e'e Saweuttin,
5 Roadway Exe "" Haul
6 Coo,"ueboo Geo'ext"e f" Sep..aboo
7 CSTC f" Pavement Repai' & Widemn" I", Haul
8 PI,"m9 of B,'ummou, Pavement
9 A,phalt Coo"e'e Pavemen' CI A
10 ACP CI A f" Pavement Rep,,' & Roadway Wideom,
11 Asphalt Coo"e'e Paveme" f" P,elevelin, CI A
12 Pavin,Fab"e
13 Adju" Manhole
14 Adju" Catch B"m,
15 Adju,' Ex"bn, Mooumen' C"e & Cove,
18 WheeIChai,RampTypel,Comple'e
17 Wheel Chai, Ramp Type 2, Complete
18 Removal ,"d Replacemen' of Ext'uded Con,,"e Cu,b
19 Removal ,"d Replacemen' of Cone<e'e Cu,b & Gutte,
20 Removal ,"d Replacemen' of Con"e'e Sidewalk
21 Mam'e"nee Rock ", ,houlde, ,eeo",',"ebon, ,", Haul
22 Hyd"n' Ma,ke" Type 2B
23 Pain' lone
24 PI"be Stop lone
25 PI"be C""walk Lme
26 Sod
COpi.. Submitted
Bid S",,'u,e
Bid Bond
Refe,e"e,
Bid 2 Bid 3 Bid 4
We,'em A'phalt, ", ICON Ma'e,iai, Wa"'n A'phalt Pavin, Comp,"y Enoinee.. Estimsta
Mania Vslie" WA Tukw;la WA Redmood WA
773 1o, .- UII.75_',.c $45,10 $34,88230 $5500 $42,515,00 $50,00 $38,650,00 $42,00 $32,466 DO!
142 It, tGt,OO' $63,80 $',05'60 $7500 $10,650,00 $60,00 $8,520,00 $6500 $9,230,00
50 ,,' Nt1'--' $6380 $3,190,00 $55,00 $2,750,00 $50,00 $2,50000 $42,00 $2,100,00
8 tc, .: $400.00: $27500 $2,200,00 $27500 $2,200,00 $350,00 $2,800,00 $360,00 $2,880,00
6 '" -? ~82iòl» $16500 $990,00 $175,00 $1,OSOOO $22500 $1,350,00 $27000 $1,620,00
31'. I 51.sGC100 $990,00 $2,970,00 $1,00000 $3,00000 $1,650,00 $4,950,00 $1,500,00 $4,500,00
18 ,' ltOQO $33,00 $59400 $12,50 $22500 $20,00 $380,00 $16,00 $28800
13 ','.: 114500 $385,00 $500,50 $350,00 $45500 $350,00 $455,00 $300,00 $390,00
3 ..c. MIlO $1980 $59.40 $1000 $30,00 $10,00 $30,00 $10,50 $31 ,so
2 :', _00 $495,00 $990,00 $500,00 $1,000,00 $650,00 $1,300,00 $450,00 $900,00
4862 .' -$140 $154 $7,487.48 $1.65 $8,022,30 $165 $8,022,30 $120 $5,834.40
12 'c, "'5.110 $18700 $2,244,00 $50,00 $60000 $5000 $600,00 $95,00 $1,14000
140 - S}.e5 $5,78 $809,20 $1.40 $196,00 $1,40 $196,00 $2.00 $28000,
20 :-', I:IOØC!I $242,00 $4,840,00 $9600 $1,920,00 $125,00 $2,500,00 $155,00 13,100,001
"', I l4O.aortI» $23,55158 $23,551,58 $4,000,00 $4,000,00 $55,500,00 $55,500,00 $30,71158 $30,711,58
565 ,,. I ;..oø . $3600 $20,340,00 $36,00 $20,34000 $3600 $20,340,00 $36,00 $20,340,00
,. A - a.oøa.oo $2,000,00 $2,000,00 $2,00000 $2,000,00 $2,00000 $2,000,00 $2,000,00 $2,000,00
1574 , .. 111.O! $2,75 $4,32850 $160 $2,518.40 $001 $15,74 $120 $1,888,80
159 ". 51000 ',- '- $26,40 $4,19760 $30,00 $4,770,00 $20,00 $3,180,00 $35,00 $5,56500
827 ,,' IO.JØ.'- $3,30 $2,72910 $1.00 $827,00 $050 $413.50 $100 $827,00
196 '" 11000" $3080 $6,036,80 $30,00 $5,88000 $1000 $1,960,00 $25,00 $4,90000
9538 .:. 12.95 '- $3,30 $31,475.40 $3,00 $28,61400 $2,65 $25,275,70 $2,90 $27,66020!
2032 ". $3& 7F $45,10 $",64320 $55,00 $111,76000 $5000 $101,600,00 $42.00 $85,34400'
181 ", 85500 $63,80 $11,54780 $75,00 $13,575,00 $60,00 $10,860,00 $6500 $11,76500
100 ., 13& 75 .~ $63,80 $6,38000 $55,00 $5,500,00 $50,00 $5,000,00 $42,00 $4,20000
'715 .,. n35 .': 1"-'1 $1,54 $14,961,10 $200 $19,430,00 $140 $13,60100 $6,00 $58,290,00
2 ';, r:=i¥' $275,00 $55000 $275,00 $550,00 $350,00 $700,00 $380,00 $720,00
1 "A $275,00 $275,00 $27500 $275,00 $35000 $350,00 $380,00 $380,00
28,'- mo.oø:'; $165,00 $4,620,00 $175,00 $4,'0000 $225,00 $6,300,00 $270,00 $7,66000
19 - '- 51.5110.00 $990,00 $18,810,00 $1,00000 $19,000,00 $1,650,00 $31,350,00 $1,500,00 $28,50000
21 '.' ...101100 $990,00 $20,790,00 $1,000.00 $21,000,00 $1,850,00 $38,85000 $1,550,00 $32,55000
5'5 .' -1900 $11,00 $6,54500 $6,00 $3,570,00 $10,00 $5,950,00 $10,00 $5,950,00
40 .' 138 50 $63,80 $2,55200 $6500 $2,600,00 $70,00 $2,80000 $50,00 $2,000,00
48 ',' $18. 50 $11440 $5,491,20 $100,00 $4,80000 $100,00 $4,800,00 $70,00 $3,36000,
8 c., $25 00 $3080 $246.40 $3000 $24000 $100,00 $800,00 $21,00 $168 DO!
8 ", HOO $19,80 $158.40 $10,00 $8000 $10,00 $80,00 $1050 $84,001
7340 .' 110011 $0,11 $807,40 $0,17 $1,247,80 $0,17 $1,247,80 $0,25 $1,835,00
7',' 10100, $13,20 $1,04280 $2.40 $189,60 $2,40 $18' 60 $3.25 $266,75
120 ., .: 9185' $5,78 $693,60 $140 $168,00 $1.40 $168,00 $2,00 $240,00
47 ,c- ..' .t~MO - _15500 $2,585.00 $16,00 $752.00 _.11000 $470.00 $16.00 $75200
ONE
YES
YES
NJA
ONE
YES
YES
NJA
ONE
YES
YES
NJA
We,'em Bid
$1,542,347.05
W"tem en'md tOl B 25
Unit C", Total Bid
$0.12 $4247
0=351LF= $42.12
Difference = -$0.35
We"em ente,ed fOl G 25
Unit C", Total Bid
$5.78 $69300
Q = 120 = $693,60
Difference = $0,60
Total Diff, =
$0,25
ge3 f 3
CITY OF FEDERAL WAY
MEM 0 RAND UM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 28, 2005
Land Use and Transportation Committee
David H. M~anager 1\ ~i-
Marwan Salloum, P.E., Street Systems Manager ~
Mayer Right of Way Lease Agreement
POLICY QUESTION:
Should the Council authorize the lease of unimproved public right of way at the end of 53rd Avenue SW?
BACKGROUND:
Mr. Kurt Mayer owns water front property adjacent to 53rd Avenue SW. The only access to the property is
through a dirt path on the unopened portion of 53rd Avenue SW and a tram system located on his property mid-
hillside. Mr. Mayer wishes to expand the existing tram system from mid-hillside terminal to a new terminal
adjacent to the improved street area on top of the hillside. Mr. Mayer inquired about the vacation of the right of
way on 53rd Avenue SW between SW 311 th Place and Puget Sound so he can construct his tram extension. Staff
informed Mr. Mayer that the City code section 13-103 (3) do not allow vacation of right of way abutting any body
of water. Then Mr. Mayer inquired about leasing a portion of the right of way for the purpose of constructing his
proposed tram rail extension. Staff indicated that leasing part of the unopened portion of the right of way,
approximately 1,690 square feet, might be an option but will require City Council approval. Also, the
construction of the tram extension will require submittal of Environmental Checklist and Shoreline permit
approval before leasing the property if the purpose behind the lease is to construct a tram extension. Mr. Mayer
submitted the required documentation and was issued a Determination of Nonsignificance (DNS) on his
Environmental Checklist (SEP A) and approval for his Shoreline Permit on November 2nd, 2004.
During staff review of the survey information provided by Mr. Mayer for SEP A and the Shoreline Permit, it was
noted that an auxiliary building and a concrete deck was built within the city right of way area encumbering
approximately 1,736 square feet. The building encroachment was brought to Mr. Mayer's attention. He informed
staff that the building was constructed more that twenty years ago and the County was aware of this encroachment
and required Mr. Mayer to sign a "Statement of Encroachment and acknowledgement of County Interest" (copy
attached). Staff informed Mr. Mayer that this area would also be added and presented to Council as part of the
lease agreement.
The proposed lease agreement is for five (5) years with an option for renewal upon mutual written agreement of
the parties of three additional five years renewal terms. The lease rate is set at an annual rent of $1.00 per square
foot per year for a total of $17,130.00 plus 12.84% leasehold excise tax.
Mr. Mayer has reviewed the attached agreement and agrees with the proposed agreement in principle. He
requested staff present the following two changes to the City Council:
1.
Two leases instead of one - Mr. Mayer prefers one lease for the tram area and one lease for the
auxiliary building area.
StaffJeels that both areas are within the same stretch of the unopened right of way and for the purpose
and use of one parcel and one owner. Therefore the lease should remain as one lease. If the city needs
one of the areas for any purpose or the tram is no longer needed by the Mayer's, then a lease amendment
can be processed to modifY the lease area.
2.
The City's standard language for a right of way lease allows the city to tenninate the lease
without prior notice and without cause. Mr. Mayer would like this language changed to read that
the city may terminate the lease on any non-discriminatory basis that is also not arbitrary or
capnclOUS.
Because the property in question is a City right of way, the City's practice has been to allow the use only
under a license, which is terminable at will by the City. The Agreement with the Mayer's, although
referred to as a lease is really only a license.
OPTIONS:
I. Authorize the City Manager to execute the attached lease agreement as written.
2. Authorize the City Manager to execute a lease agreement that incorporates Mr. Mayer's requested
changes.
3. Reject the lease agreement and have staff instruct Mr. Mayer to remove the existing Improvements from
the public right of way.
4. Direct staff to any other option the committee would like staff to evaluate.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the March 15,2005 City Council Consent Agenda for Approval:
Authorize the City Manager to execute the attached lease agreement as written
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 15,2005 City Council Consent Agenda.
APPROVAL OF COl\1MITTE.E REPORT:
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Michael Park, :\1ember
Eric Fa.ison, Member
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I\ING COUNlY II£AL PROPERlY OMS/ON
511OA K.C. ADNItIISTRAT1ON BUIll.
500 fIf1H AVÐIU£
SEATI1.E, YfA, .10.
File No.:
85.3-33
STATEMENT OF ENCROACIMEIIT
AND ACKNOWLEDGEMENT OF COUNTY ~
TH[S STATEMENT 15 llade for the public record so as to advise the parties
dealing with the property described herein as to its status and "cknowledgJlK!/lt
by known and current owners of Interest as to King County Interest.
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~he property is legally described as follows:
That portion of Lot 14, Block 1, Healy PalisaDes Þ.ddition. Volume
33 of Plats. page 45, records of King County, Washington and
second class tide lands adjacent. less portion lying Southerly of
a Hne beginning on the Northeasterly Hne 14l.18 feet
Northwesterly of the Southeasterly corner; thence South 48'00'01"
West 53.13 feet to the Southwesterly line. TOGETHER WITH that
portion of Lot is said 8lock I, described as fon010/5:
BEGINMII1G on the West l1ne 349.05 feet Northerl! of the Southwest
corner of said Lot 15; thence North 15'60'00' West 82.711 feet:
thence South 30'00'00. East 80.0 feet; thence South 60.00'00"
West 21.29 feet to Pol nt of 8egl nnlng.
TIlE FEE OWNER. whose signature appears belOll, acknowledges that the
boathouse ami a portion of the deck is constructed tlithln the County right of.
III~ 53 Drive Southwest. The fee owner further acknowledges and understands
tile County has right of wa,y interest in this property which ..y at SOlIe time
in the future be acted upon. The fee owner further acknowledges and agrees
that the continueil encroachment of his boatllouse and a portion of his deck
upon CountY right of way does not create any ri~ts, title or interests in the
County rigl1,t of way, nor In anywa,y defeats the rights of the County to sucll
ri~t of way .and furtller that the fee owner agrees that such penuission for
the continued encroachl1lent is subject to revocation at any tiE without prior
notice an4 wi'thout cause. The fee owner shan not hilve or claim any da/1lllges
or clt.illlS of any kind whatsoever as a rtlsult of the ter1ll1natton of the
encmchllents and the relllOval of the i.11Ipl'Ovellents or encroachi n9 HellS.
THE FEE OIlllEII AGREES the existing structure and existing use shall not be
expanded in any anneI'. Only repairs and maintenance of axisting structures
III&y be allowed wltll1n the right of w~.
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THE FEE OWNER and tlte fee owner's succeuors, assigns or other person's
In any way assUl1l1ng the owner's interest In the property alSo are bollnd by the
Stat_nt of Encroachment and Acknowl edg8ll\ent Agreement.
IN WITNESS WHEREOf, the parties herlto have subscribed their names as of
the :i' of 9-<~1 , 19...£t::::
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FEE O'olNER{S}:
KING COlJt(TV. WASHiNGTON
DEPARTMENT OF PUBLIC WORKS
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Donald J. LaBelle. Director
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STATE Of IlASHINGTOft )
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COUNTY OF KING )
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¡-..' ~ \otI~xecllted the within and foregoing InstrllHnt. and acknowledged that
. of1/frI' signed the SIUlt! as "rlk.'v/~ free and volunhry act and
, ~ses and purposes therein mentioned.
GlVEK under fJY hand and official seal this Ç/ day of J.."t Y
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:' .~'I~)):; State of Washington. residing
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LEASE AGREEMENT
1.
PARTIES.
THIS LEASE dated the - day of , 2005, is between the
CITY OF FEDERAL WAY, a non-charter optional municipal code city organized and
existing under the laws of the State of Washington, Lessor ("City"), and Pamela R.
Mayer, a married woman as her separate estate, Joseph E. Mayer, a married man as his
separate estate, and Natalie A. Mayer-Yeager, a married woman as her separate estate
("Lessee"), owners of the Property located at 53rd Avenue SW ("Adjacent Property")
legal description attached as EXHIBIT A.
2.
PREMISES.
The City hereby leases to Lessee, upon the following terms and conditions, the
premises ("Premises") located in the City of Federal Way, King County, Washington.
The Premises are comprised of approximately one thousand six hundred ninety (1,690)
square feet in the tram area and approximately one thousand seven hundred thirty-six
square feet in the boathouse and bulkhead area, for a total of approximately three
thousand four hundred twenty-six (3,426) square feet, and are legally described as
follows:
(See EXHIBIT B attached.)
The parties acknowledge that the Premises are a portion of 53rd Avenue South
West owned by the City and over which the City exercises governmental authority
pursuant to, inter alia, RCW 35A.47 and RCW 47.24, and Federal Way City Code
("FW CC") Chapter 13.
3.
TERM.
This Lease term shall be for five (5) years, commencing upon the date of issuance
of the building pem1Ít for the tram, unless terminated sooner pursuant to Paragraph 10, or
other provisions, of this Agreement. Upon the mutual written agreement of the parties,
this Lease may be renewed for three (3) additional five (5) year renewal terms. Consent
to renewal shall be at the sole discretion of the City.
4.
RENT.
A. Rental Rate.
Lessee shall pay the City an annual rent of One Dollar ($1.00) per square foot per year,
for a total of Seventeen Thousand One Hundred Thirty and NOll 00 Dollars ($17,130.00),
plus 12.84% leasehold excise tax, payable in advance on or before the first (1st) day of
Lease Agreement
K:/Public Works/Mayer Lease Agrmt
Page 1
the Lease term. All rents shall be made payable to City of Federal Way and are to be
received at the following address:
Director of Management Services
City of Federal Way
33325 8th Avenue South
P.O. Box 9718
Federal Way, WA 98063-9718
Said rental is exclusive of any sale, franchise, business or occupation, or other tax based
on rents. Should any such taxes apply during the life of this Lease, the rent shall be
increased by such amount.
B. Annual Rent Increase.
The rent shall be increased each renewal term (if any), by the amount of inflation
as determined by the Consumer Price Index - Washington. Rent increases pursuant to
this paragraph shall commence on the first renewal term of this Lease.
5.
USE.
Lessee shall use said premises for the following purposes and no other without
prior written consent of the City: .
Operation, use, repair and maintenance of Tram, Boathouse, and Bulkhead as
shown on EXHIBIT C. Expansion of the existing uses described in EXHIBIT C
shall not be allowed.
6.
GENERAL TERMS AND CONDITIONS.
Attached hereto as EXHIBIT D and incorporated herein by reference are
"Federal Way General Terms and Conditions," which shall govern the obligations and
performance of the parties under this Lease.
7.
INDEMNIFICATION.
Lessee agrees to indemnify, defend, and hold City, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney fees) to or by any and all persons
or entities, including, without limitation, their respective agents, licensees, invitees or
representatives, arising from, resulting from, or connected with this Agreement or the
Lessee's use of the Premises.
Lease Agreement
K:/Public Works/Mayer Lease Agrmt
Page 2
8.
ENTIRE AGREEMENT - AMENDMENTS.
This printed Lease, together with the "Terms and Conditions" attached as
EXHIBIT D, and any and all Exhibits expressly incorporated herein by reference and
attached hereto shall constitute the whole agreement between the parties. There are no
terms, obligations, covenants or conditions other than those contained herein. No
modification or amendment of this Lease shall be valid or effective unless evidenced by
an agreement in writing signed by both parties.
9.
NOTICES.
Required notices, except legal notices, shall be given in writing to the following
respective address:
To The City:
City Manager
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, WA 98063-9718
With a copy to:
City Attorney
City of Federal Way
33325 8th Avenue South
P. o. Box 9718
Federal Way, WA 98063-9718
To Lessee:
Pamela R. Mayer, Joseph E. Mayer and Natalie A.
Mayer- Yeager
312 South 11ih Street
Tacoma, W A 98444
With a copy to:
Gordon Thomas Honeywell
Attn: Warren J. Daheim or William E. Holt
1201 Pacific Ave., Suite 2100
P.O. Box 1157
Tacoma, W A 98401
Or to such other respective address as either party hereto may hereafter, from time to
time, designate in writing. Notices sent by mail shall be deemed to have been given
when properly mailed.
10.
TERMINATION
The City may terminate this Lease at any time without prior notice and without
cause.
Lease Agreement
K:/Public Works/Mayer Lease Agnnt
Page 3
11.
VACATION OF RIGHT-OF-WAY.
In the event the City vacates all or a portion of the Premises pursuant to the
FWCC, this Lease shall be terminated for that portion of the premises vacated.
Termination shall be effective upon the effective date of the vacation ordinance adopted
under FWCC Section 13-103, as existing or as hereafter amended.
12.
REMOVAL OF FACILITIES
Upon the expiration, termination, or revocation of the rights granted under this
Lease, the Lessee shall remove all of its improvements from the Premises within 90 days
of receiving notice from the Public Works Director to do so. Any costs incurred by the
City in removing any improvements on the leased premises shall be a lien on the
Adjacent Property, if not co'/ored by the dama;;e deposit. Provided, however, that the
City may permit the improvements to be abandoned in place in the City's sole discretion
and in such a manner as the City may prescribe. Upon permanent abandonment, the
improvements shall become the property of the City.
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the
- day of ,2005.
LESSEE:
By
Pamela R. Mayer
By
Joseph E. Mayer
By
Natalie A. Mayer-Yeager
LESSOR:
CITY OF FEDERAL WAY
By
David H. Moseley, City Manager
ATTEST:
By
City Clerk, N. Christine Green, CMC
Lease Agreement
K:lPublic Works'Mayer Lease Agrmt
Page 4
APPROVED AS TO FORM:
By
Patricia A. Richardson, City Attorney
ST ATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me,
to me known to be the individual described in and who executed the foregoing
instrument, and on oath swore that he/she/they executed the foregoing instrument as
his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this
day of
,200_.
(typed/printed name of notary)
Notary Public in and for the
Washington.
My commission expires
State of
Lease Agreement
K:/Public Works/Mayer Lease Agrmt
Page 5
EXHIBIT A
LEGAL DESCRIPTION OF ADJACENT PROPERTY
LOT 16A, BLOCK 1, HEALY PAUSADES, ACCORDrNG TO THE PLAT THEREOF RECORDED
IN VOLUME 33 OF PLATS, PAGE 45, fN KING COUNTY. 'vV ASHfNGTON.
TOGETHER WfTH THAT PORTION OF VACATED SW 311 Hf PLACE, ALSO KNOWN AS PARK
LANE, BY V ACA nON ORDfNANCE 5899 AS WOULD ATTACH BY OPERATION OF LAW.
LOT 14, BLOCK I, HEALY PAUSADES, ACCORDfNG TO PLAT RECORDED fN VOLUME 33 OF
PLATS, PAGE 45 fN KfNG COUNTY W ASHfNGTON, EXCEPT THE SOUTHERLY 115 FEET
THEREOF AS MEASURED ALONG THE EAST UNE OF SAm LOT 14, AND THAT PORTION OF
LOT 15 fN SAID BLOCK I DESCRffiED AS FOLLOWS:
BEGINNfNG ON THE WESTERLY LINE OF SAm LOT 15 AT A POfNT NORTH 15°06' WEST,
349.05 FEET FROM THE SOUTHWEST CORNER OF SAill LOT 15; THENCE CONT£NUrNG
ALONG SAm WEST LfNE NORTH 15°06' WEST, 82.78 FEET; THENCE SOUTH 30° EAST, 80
FEET; THENCE SOUTH 60° WEST, 21.29 FEET TO THE POrNT OF BEGfNNfNG.
TOGETHER WfTH THE FOLLOWrNG DESCR£BED PARCEL:
BEGINNfNG ON THE WESTERLY LfNE OF SAm LOT 15 AT A POfNT NI5°16'10"W, 430.66
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE S30° 10'54"E, 30.67 FEET TO THE
TRUE POfNT OF BEGfNNrNG; THENCE CONTlNUfNG S30010'54"E, 15.34 FEET; THENCE
N12°32'30"W, 5.47 FEET; THENCE N39°28'30"W, 10.26 FEET TO THE TRUE POfNT OF
BEGINNrNG.
EXCEPT THAT PORTION DESCRffiED AS FOLLOWS:
BEGINNING ON THE WESTERLY LfNE OF SAm LOT 15 AT A POfNT NI5°16'10"W, 430.66
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE S45°00'W, 2.03 FEET; THENCE
S33°53 '45"E, 30.22 FEET; THENCE N30° 10'54"W, 30.67 FEET TO THE TRUE POfNT OF
BEGINNfNG.
ALSO EXCEPT THAT PORTION DESCR£BED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERL Y CORNER OF SAm LOT 14; THENCE N15°06'38"W,
ALONG THE UNE BETWEEN LOTS 14 AND 15, BLOCK I IN SAm PLAT OF HEALY
PAUSADES, 115.18 FEET TO THE POINT OF BEGINNfNG OF TH£S DESCR(PnON; THENCE
CONTrNUE N15°06'38"W, 27.00 FEET; THENCE S48°00'0 I "W, 53.l3 FEET TO A POfNT ON THE
WESTERL Y UNE OF LOT 14, THENCE N78°28' 30"E, PARALLEL WfTH THE SOUTHERL Y LINE
OF SAID LOT, 47.48 FEET TO THE POfNT OF BEGfNNfNG.
[1298697 vOl-doc)
- l -
EXHIBIT B-1
LEGAL DESCRIPTION FOR
PROPOSED TRAM FACILITIES PERMIT AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH LANE) AS DEDICATED TO THE
PUBLIC ON THE PLAT OF HEALY PALISADES, AS RECORDED IN VOLUME 33 OF PLATS,
PAGE 45, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PLAT;
THENCE N14°10'38'W, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 143.37
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S14°10'38"E ALONG SAID LOT LINE AND THE EASTERLY MARGIN OF SAID
STREET, A DISTANCE OF 39.00 FEET;
THENCE S38°20'18'W, A DISTANCE OF 26.10 FEET;
THENCE S64°35'OO'W, A DISTANCE OF 26.93 FEET, MORE OR LESS, TO THE WESTERLY
MARGIN OF SAID STREET; .
THENCE N25°25'00'W, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 18.46 FEET,
MORE OR LESS, TO AN ANGLE POINT;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN, N27°44'OO"W, A DISTANCE OF
2.71 FEET, MORE OR LESS, TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING
BEARS N38°20'18"E;
THENCE N38°20'18"E, A DISTANCE OF 64.75 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
(CONTAINS 1,690 SQUARE FEET, MORE OR LESS, OR APPROXIMA TEL Y 0.04 ACRES.)
Prepared by BASELINE Engineering, Inc.
BASELlNE.Job No. 02-108
File Name: 02108- TramFacilitiesPermitDesc.doc
Date: 10/18/2004
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EXHIBIT B-2
LEGAL DESCRIPTION
PROPOSED DECK LEASE AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH LANE) AS DEDICATED TO THE
PUBLIC, AND OF THE PARCEL LABELED "COMMUNITY BEACH", ALL ON THE PLAT
OF HEALY PALISADES, AS RECORDED IN VOLUME 33 OF PLATS, PAGE 45,
RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PLAT;
THENCE, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 318.00 FEET TO
THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S50o00'W A DISTANCE OF 37.00 FEET;
THENCE N14°10'38"W A DISTANCE OF 52.00 FEET;
THENCE N50o00'E, A DISTANCE OF 38.81 FEET, MORE OR LESS, TO THE EASTERLY
LINE OF SAID "COMMUNITY BEACH" PARCEL;
THENCE SOooOO'W, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 6.65 FEET,
MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 14;
THENCE SI4°10'38"E, ALONG THE WEST LINE OF SAID LOT, A DISTANCE OF 46.34
FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
(CONTAINS 1,736 SQUARE FEET. MORE OR LESS, OR APPROXIMATELY 0.04 ACRES)
[1298697 vOLdoc]
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-'-" -., BASELINE [NGIN[[RING. II<C. MAYER TRUST ESTATE,
--"'- 3'1042 5JRO AVENUE SW
~ ow-."",,-, =--~~.:=- fEDERAL WAY. WA 9602)
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AGREEMENT
EXHIBlL__,.
"".,
EXHIBIT D
CITY OF FEDERAL WAY
GENERAL TERMS AND CONDITIONS
1.
LATE PAYMENT, TAXES, AND LICENSES.
A. LATE PAYMENTS. There will be a late collection charge of
twelve percent (12%) of the rent, per annum, for any delinquent rental not delivered to
the City of Federal Way (the "City") by the tenth (lOth) of the month in which rent is
due.
B. LICENSE AND TAXES. Lessee shall pay throughout the tenn of
this Lease, all applicable taxes and all license and excise fees covering the business
conducted on the premises.
C. OTHER CONSIDERATION. No offset, reduction, or credit
toward rent shall be allowed unless it is in writing and signed by the City Manager of the
City.
2.
COMPLIANCE WITH ALL LAWS AND REGULATIONS.
In using the premises, Lessee will comply with all applicable laws, ordinances,
and regulations of any and all authorities having jurisdiction. Lessee specifically agrees
to comply, and pay all costs associated with achieving such compliance, without any
notice of requirements from the City, and that the City does not waive this section by
giving notice of demand for compliance in any instance.
3.
IMPROVEMENTS AND ALTERATIONS.
A. Lessee shall make no alterations or improvements to or upon the
premises, or install any fixtures (other than trade fixtures which can be removed without
injury to the premises) without first obtaining written approval from the City.
B. Upon the expiration, tennination, or revocation of the rights
granted under this Lease, the Lessee shall remove all of its improvements or alterations
from the Premises within 90 days of receiving notice from the Public Works Director to
do so. Any costs incurred by the City in removing any improvements on the leased
premises shall be a lien on the Adjacent Property, if not cB-Vcred by the dmnage deposit.
Provided, however, that the City may pennit the improvements or alterations to be
abandoned in place in the City's sole discretion and in such a manner as the City may
Lease Agreement - General Terms and Conditions
K:lPublic Works/Mayer Lease Agnnt
Exhibit D
prescribe. Upon pennanent abandonment, the improvements or alterations shall become
the property of the City.
4. CONDITION OF PREMISES. Lessee has inspected and knows the
condition of the premises and it is understood and agreed that the premises are leased on
an "as is" basis without any obligation on the part of the City to make any changes,
improvements, or to incur any expenses whatsoever for the maintenance or repair of the
premises. The City does not warrant the suitability of the site for any purpose, including
the intended Use, and specifically does not warrant the suitability or stability of the soil
or slope for any use.
5. CONSTRUCTION DEFECTS. The City shall not be liable to Lessee
for claims or damages arising from any defect in the construction of or the present
condition of the premises, whether known or unknown, or for damage by stonn, rain, or
leakage or any other occurrence.
6.
MAINTEN AN CEo
A. Lessee shall, throughout the tenn of this Lease without cost or
expense to the City, keep and maintain the leased premises and all improvements,
landscaping, fixtures, and equipment which may now or hereafter exist thereon, in a neat,
. clean, and sanitary condition and shall, except for reasonable wear and tear, at all times
preserve the premises in good and safe repair. Upon the expiration or sooner tennination
of the Lease, Lessee shall forthwith return the same in as good condition as existed at the
commencement of occupancy (ordinary wear and tear excepted).
B. If, after thirty (30) days' notice from the City, Lessee fails to
maintain or repair any part of the leased premises or any improvement, landscaping,
fixtures or equipment thereon, the City may, but shall not be obligated to, enter upon the
leased premises and perfonn such maintenance or repair, and Lessee agrees to pay the
costs thereof to the City upon receipt of a written demand. Any unpaid sums under this
paragraph shall be payable as additional rent on the next rent payment date due following
the written demand and will bear interest at the maximum rate allowed by Washington
State Law. Any unpaid sums and interest remaining after the rent payment due date shall
become a lien against the Adjacent Property.
7. INDEMNITY AND HOLD HARMLESS. Lessee agrees to indemnify
and hold the City hannless as provided herein to the maximum extent possible under the
law. Accordingly, Lessee agrees for itself, its successors, and assigns, to defend,
indemnify, and hold hannless the City, its appointed and elected officials, and employees
from and against liability for all claims, demands, suits, and judgments, including costs of
defense thereof for injury to persons, death, or property damage which is caused by,
arises out of, or is incidental to Lessee's exercise of rights and privileges granted by this
Lease. Lessee's obligations under this section shall include:
(a)
Indemnification for any and all claims;
Lease Agreement - General Terms and Conditions
K:lPublic WorkslMayer Lease Agrmt
Exhibit D
(b) The duty to promptly accept tender of defense and provide defense
to the City at Lessee's own expense;
(c)
Indemnification of claims made by Lessee's employees, agents or
invitees; and
(d) Waiver of Lessee's immunity under the industrial insurance
provisions of Title 51 RCW, of which the waiver has been mutually negotiated by the
parties.
In the event it is necessary for the City to incur attorney's fees, legal expenses or
other costs to enforce the provisions of this section, all such fees, expenses and costs shall
be recoverable from Lessee.
In the event it is determined that RCW 4.24.115 applies to this Lease, Lessee
agrees to defend, hold harmless, and indemnify the City to the maximum extent permitted
thereunder, and specifically for its negligence concurrent with that of the City to the full
extent of Lessee's negligence. Lessee agrees to defend, indemnify, and hold harmless the
City for claims by Lessee's employees and agrees to waiver of its immunity under
Title 51 RCW, of which waiver has been mutually negotiated by the parties.
8. LIABILITY INSURANCE. Lessee shall procure and maintain for the
duration of this Lease, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with Lessee's operation and use of the
premises at a level of no less than $2 million per occurrence, and the City shall be named
as additional insured on all such insurance policies.
A. OTHER INSURANCE PROVISIONS. The policy is to contain,
or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers
are to be covered as insured as respects liability arising out of premises rented or used by
Lessee.
2. Lessee's insurance coverage shall be primary insurance as
respects the City, its officers, employees, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of Lessee's insurance and shall not contribute with it.
3. Any failure to comply with reporting prOVISIons of the
policy shall not affect coverage provided to the City, its officers, officials, employees, or
volunteers.
4. Coverage shall state that Lessee's insurance shall apply
separately to each insured against whom claim is made or suit is brought except with
respect to the limits of the insurer's liability.
Lease Agreement - General Terms and Conditions
K:/Public Works/Mayer Lease Agrmt
Exhibit D
5. Insurance policy shall be endorsed to state that coverage
shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to the City.
B. ACCEPT ABILITY OF INSURERS. Insurance is to be placed
with insurers with a Bests' rating of no less than A:XI.
C. VERIFICATION OF COVERAGE. Lessee shall furnish the
City with certificate(s) of insurance and with original endorsement(s) effecting coverage
required by this contract. The certificate and endorsement for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements or each insurance policy are to be provided by the City and
are to be received and approved to the City before occupancy commences. The City
reserves the right to require complete certified copies of all required insurance policies at
any time.
9. RELEASE AND WAIVER. To the extent a loss is covered by insurance
in force, and to the extent the City is not indemnified for such loss by Lessee under
Section 7 above, the Lessee hereby releases the City from liability and waives all right of
recovery against the City for any loss from perils insured against under the City's
respective fire or comprehensive general liability insurance policies, including any
extended coverage endorsements hereto; provided, that this Lease shall be incapable if it
would have the effect of invalidating any insurance coverage of the City.
10. SURRENDER OF PREMISES. At the expiration or earlier tennination
of this Lease, Lessee shall promptly surrender possession of the premises to the City.
11. DEFAUL T AND RE-ENTRY. If any rents above reserved or other
obligations provided herein, or any part thereof shall be and remain unpaid when the
same shall become due, or if Lessee shall violate or default on any of the covenants and
agreements herein contained, the City may serve written notice to Lessee ordering
compliance and Lessee shall have thirty (30) days from receipt of such notice in which to
comply. If Lessee has not cured the default within 30 days of receiving notice from the
City of such default or, if such default is not curable within 30 days, if Lessee fails to
commence such cure within 30 days or fails thereafter to diligently pursue such cure to
completion, the City may immediately cancel this Lease and re-enter said premises using
such force as may be required.
12. ASSURANCE OF PERFORMANCE. In the event of a default in the
perfonnance of any obligation under this Lease that remains uncured for more than ten
(10) days after demand, the City may request and Lessee shall provide adequate
assurance of the future perfonnance of all obligations under this Lease. The adequacy of
any assurance shall be detennined according to commercially reasonable standards for
Lessors of real property in the County of King, State of Washington. Adequate assurance
shall include, but not be limited to, a deposit in escrow, a guarantee by a third party
Lease Agreement - General Terms and Conditions
K:/Public WorkslMayer Lease Agrmt
Exhibit D
acceptable to the City, a surety bond, or a letter of credit. Lessee's failure to provide
adequate assurance within twenty (20) days of receipt shall constitute a material breach
and the City may in its discretion tenninate this Lease.
13. ADVANCES BY THE CITY FOR LESSEE. If Lessee fails to pay any
fees or perfonn any of its obligations under this Lease other than payment of rent, the
City will mail notice to Lessee of its failure to payor perfonn. Twenty (20) days after
mailing notice, if Lessee's obligation remains unpaid or unperfonned, the City may pay
or perfonn these obligations at Lessee's expense. Upon written notification to Lessee of
any costs incurred by the City under this paragraph, Lessee will reimburse the City within
twenty (20) days.
14. NON-WAIVER. It is hereby agreed that no waiver of any condition or
covenant in this Lease or any breach thereof, shall be taken to constitute waiver of any
subsequent breach.
15. INSPECTION AND "FOR RENT" SIGNS. The City reserves the right
to inspect the premises at any and all reasonable times throughout the tenn of this Lease,
provided that the City shall not interfere unduly with Lessee's operations. The right of
inspection reserved to the City hereunder shall impose no obligation on the City to make
inspections to ascertain the condition of the premises, and shall impose no liability upon
the City for failure to make such inspections.
16. LIENS. It is understood and agreed that this Lease is executed and
delivered upon the express condition that Lessee will not and cannot contract any debt or
debts for labor, materials, services, or otherwise which will or may become a lien against
the interest of the City in the premises, or the City hereby denies to Lessee any right,
power, or authority to do any act, or contract any obligation or liability which would in
any way subject the interest of the City in the premises to any lien, claim,. or demand
whatsoever.
17. LIENS BY CITY. If the City incurs any costs arising from any provision
of this Lease, the City may incorporate any unreimbursed costs or payments due into an
assessment lien on the Adjacent Property. The City shall certify to the county treasurer
the confinned amount and notify Lessee in writing of the certification. The county
treasurer shall enter the amount of such assessment upon the tax rolls against the property
for the current year and the same shall become a part of the general taxes for that year to
be collected at the same time and with interest at such rates as provided in RCW
84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city. The lien shall be of equal rank with
the state, county and municipal taxes. The validity of any assessment made under the
provisions of this chapter shall not be contested in any action or proceeding unless the
same is commenced within 15 calendar days after the assessment is placed upon the
assessment roll.
Lease Agreement - General Terms and Conditions
K:lPublic Works/Mayer Lease Agrmt
Exhibit D
18. ASSIGNMENT OR SUBLEASE. Lessee may not assign this Lease nor
transfer occupancy of the Premises or use or ownership of any improvements installed
thereon, in whole or in part, without the prior written consent of City.
19.
CONDEMNATION.
A. The City and Lessee will give to the other immediate written
notice of the receipt of notice of any proceedings with respect to a condemnation and of
any intention of any authority to exercise the power of eminent domain.
B. If all of the premises are taken by any lawful authority under the
power of eminent domain for a period which will end on or extend beyond the expiration
of the tenn of this Lease, this Lease tenninates as of the date condemner takes
possession, and Lessee will have no claim or interest in or to any award of just
compensation except that Lessee will be entitled to an amount equal to the fair market
value of Lessee's leasehold interest in any improvement taken by the condemner made to
the premises by Lessee, but not to exceed the amount of that part, if any, of the award
attributable to the value of the improvements.
C. If part of the premises is taken by any lawful authority under the
power of eminent domain for a period which will end on or extend beyond the expiration
of the tenn of this Lease, the City or Lessee may choose to tenninate this Lease as of the
date the condemner takes possession. If neither the City nor Lessee elects to tenninate
this Lease, the rent will be reduced in the same proportion that the value of the portion of
the premises to be taken bears to the value of the entire premises as of the date
condemner takes possession. Lessee will have no claim or interest in or to any award of
just compensation or damages except that Lessee will be entitled to an amount equal to
the fair market value of Lessee's leasehold interest in the part taken by the condemner of
any improvements made to the premises by Lessee, but not to exceed the amount of that
part, if any, of the award attributable to the value of the improvements.
D. If temporary use of all or a portion of the premises is taken by any
lawful authority for a period which would reduce the leasehold and, consequently, would
cause the premises to be untenantable for the use by Lessee for the purposes set forth in
the section of this Lease title "Use," then, at Lessee's detennination, the City or Lessee
may choose to tenninate this Lease. If the City or Lessee elect to tenninate the Lease, the
Lease will tenninate the date the condemner takes possession and Lessee will have no
claim or interest in or to any award of just compensation except that Lessee will be
entitled to an amount equal to the fair market value of Lessee's leasehold interest in any
improvements made to the premises by Lessee. If neither the City or Lessee elects to
tenninate this Lease, the Lease will continue in full force and Lessee will be entitled to
receive any award fonn condemner for the use of all or part of the premises, EXCEPT
that Lessee may elect to have the rents reduced by the amount proportionally attributable
to any partial temporary taking, in which event Lessee shall not be entitled to any portion
of the award attributable to said use.
Lease Agreement - General Terms and Conditions
K:/Public WorkslMayer Lease Agrmt
Exhibit D
E. It is understood and agreed that Lessee shall not be party to any
negotiation or proceedings at law wherein the City claims compensation other than that
which is defined statutorily as constituting "just compensation."
20. ANTI-DISCRIMINATION. In all services or activities and all hiring or
employment made possible by or resulting from this Lease, there shall be no
discrimination against any employee or applicant for employment because of sex, age
(except minimum age and retirement provisions), race, color, creed, national origin,
martial status, sexual orientation, or the presence of any sensory, mental, or physical
handicap, unless based upon a bona fide occupational qualifications. This reqùirement
shall apply to but not be limited to the following: Employment, advertising, layoff or
tennination, rates of payor other fonns of compensation, and selection for any of the
tenns of RCW 49.60, Title VII of the civil Rights Act of 1964 or any other applicable
federal, state, or local law or regulations regarding non-discrimination. Any violation of
this provisions shall be considered a violation of a material provision of this Lease and
shall be grounds for cancellation, tennination, or suspension, in whole or in part of the
Lease by the City and may result in ineligibility for further City agreements.
21. HEIRS, AGENTS, AND ASSIGNS. Subject to and without limiting any
provisions of this Lease pertaining to assignment and subletting, the provisions of this
Lease bind the heirs, successors, agents and assigns of any of the parties to this Lease.
22. CAPTIONS. The captions in this Lease are for convenience only and do
not in any way limit or amplify the provisions of this Lease.
23. TIME IS OF THE ESSENCE. Time is ófthe essence ofthis Lease, and
in the event of the failure of Lessee to pay any charges at the time in the manner herein
specified, or to keep any of the covenants or agreements herein set forth, Lessee shall be
in default.
24. CUMULATIVE REMEDIES. No provision of this Lease precludes the
City from pursuing any other remedies for Lessee's failure to perfonn its obligations.
Further, this Lease may be enforced at both law and equity. Damages are not an adequate
remedy for breach.
25. ATTORNEYS' FEES/COLLECTION CHARGES. In the event legal
action is brought by either party to enforce any of the tenns, conditions, or provisions of
this Lease, the prevailing party shall recover against the other party in addition to the
costs allowed by law, such sum as the court may adjudge to be reasonable attorneys' fees.
26. HOLDING OVER. If Lessee holds over after the expiration or earlier
tennination of the tenn hereof without the express written consent of the City, Lessee
shall become a tenant at sufferance only at a rental rate equal to one hundred fifty percent
(150%) of the rent in effect upon the date of such expiration (prorated on a daily basis),
and otherwise subject to the tenns, covenants, and conditions herein specified so far as
applicable Acceptance by the City of rent after such expiration or earlier tennination
shall not result in a renewal of this Lease, nor affect the City's right of re-entry or any
Lease Agreement - General Terms and Conditions
K:/Public Works/Mayer Lease Agrmt
Exhibit D
rights of the City hereunder or as otherwise provided by law. If Lessee fails to surrender
the premises upon the expiration or termination of this Lease despite demand to do so by
the City, Lessee shall indemnify, defend, and hold the City harmless from all loss or
liability including, without limitation, any claim made by any succeeding tenant founded
on or resulting from the failure to surrender, and including without limitation any design,
engineering, construction or other costs for construction, installation, modification or
alteration of street, sidewalk or related improvements within the Premises or within the
53rd Avenue South right-of-way, attributable to or resulting from the failure to surrender.
Lessee's indemnification herein shall be together with interest, attorney's fees, and costs.
27. HAZARDOUS SUBSTANCES. Lessee shall not without first obtaining
the City's proper written approval, generate, release, spill, store, deposit, transport, or
dispose of (collectively referred to as "Release") any hazardous substances, sewage,
petroleum products, radioactive substances, medicinal, bacteriological, or
disease-producing substances, hazardous materials, toxic substanc~s or any pollutants or
substances defined as hazardous or toxic as defined and in accordance with applicable
federal, state, and local laws and regulations in any reportable quantities ("Hazardous
Substances") in, on, or about the premises. In the event, and only in the event, the City
approves su~h Release of Hazardous Substances on the premises, Lessee agrees that such
release shall occur safely and in compliance with all applicable federal, state, and local
laws and regulations. Lessee shall indemnify and hold the City harmless form any and all
claims, liabilities, lawsuits, damages, and expenses, including reasonable attorneys' fees
(hereinafter "Claim") for bodily injury or death, property damage or loss, or cleanup
costs arising out of this Lease to the extent such injury, death, damage, loss, or costs are
caused by the Release by Lessee or any of its agents, representatives or employees in, on,
or about the premises occurring during the term of this Lease.
Lessee shall be fully and completely liable to the City for any and all clean-up
costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any
governmental authority with respect to Lessee's use, disposal, transportation, generation
and/or sale of Hazardous Substances in or about the premises, common areas, or
buildings. Lessee shall indemnify, defend, and save the City harmless from any and all
of the costs, fees, penalties, and charges assessed against or imposed upon the City (as
well as the City's attorney's fees and costs) as a result of Lessee's use, disposal,
transportation, generation and/or sale of hazardous substances.
Upon Lessee's default under this Section, the City shall be entitled to the
following rights and remedies:
(a)
At the City's option, to terminate this Lease immediately; and/or,
(b) To recover any and all damages associated with the default,
including, but not limited to clean-up costs and charges, civil and criminal penalties and
fees, adverse impact on marketing a space in the building, loss of business and sales by
the City and other tenants of the building, diminution of value of the premises and/or
Lease Agreement - General Terms and Conditions
K:/Public Works/Mayer Lease Agrmt
Exhibit D
building, the loss or restriction of useful space in the premises and/or building, any and
all damages and claims asserted by third parties and the City's attorney's fees and costs.
28. SEVERABILITY. If any tenn or provision of this Lease or the
application of any tenn or provision to any person or circumstance is invalid or
unenforceable, the remainder of this Lease, or the application of the tenn or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force.
END OF GENERAL TERMS AND CONDITIONS
Lease Agreement - General Terms and Conditions
K:/Public Works/Mayer Lease Agnnt
Exhibit D
Recording Requested By:
When Recorded Mail To:
CITY OF FEDERAL WAY
33325 8th Ave S
PO Box 9718
FEDERAL WAY, W A 98063
ATTN: Marwan Salloum
SHORT FORM LEASE
Grantor: City of Federal Way
Grantee: Pamela R. Mayer, Joseph E. Mayer. and Natalie A. Mayer-Yeager
Legal Description (abbreviated):
Complete legal description is on page - of document
Assessor's Tax Parcel ID#:
Reference Nos. of Documents Released or Assigned:
This Short Fonn Lease is made as of the - day of , 2005, by
and between CITY OF FEDERAL WAY, a non-charter optional municipal code city
organized and existing under the laws of the State of Washington ("Landlord"), and
PAMELA R. MAYER, a married woman as her separate estate, JOSEPH E. MAYER, a
married man as his separate estate, and NATATLIE A. MAYER-YAEGER, a married
woman as her separate estate ("Tenant").
RECIT ALS
Landlord and Tenant have entered into a Lease as of the date set forth above (the
"Lease") with respect to the property described on Exhibits A-I and A-2 hereto (the
"Premises"). Landlord and Tenant wish to give notice of the Lease. Accordingly, they
agree:
1. Agreement. Landlord leases to Tenant and Tenant leases from Landlord,
the real property identified on Exhibit A attached hereto.
2. Tenn. This Lease tenn shall be for five (5) years unless tenninated sooner
pursuant to Paragraph 10 of the Lease, or other provisions of the Lease. Upon the mutual
[Moyer - L<ase Ie Boathouse Tram]
written agreement of the parties, this Lease may be renewed for three (3) additional five
(5) year renewal tenns. Consent to renewal shall be at the sole discretion of the City.
3. Other Tenns. The terms of this Short Form Lease are subject to the terms
of the Lease and any amendments, renewals or extensions thereof, the provisions of which
are hereby incorporated by this reference.
Landlord:
CITY OF FEDERAL WAY, a non-charter
optional municipal code city organized and
existing under the laws of the State of
Washington
By:
David H. Moseley, City Manager
ATTEST:
By:
N. Christine Green, City Clerk, CMC
APPROVED AS TO FORM:
By:
Patricia A. Richardson, City Attorney
Tenant:
Pamela R. Mayer
Joseph E. Mayer
Natalie A. Mayer-Yeager
[Mayer - L"a.", re I~oathouse Tram]
-2-
WEH - 02127/98
STATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Pamela R. Mayer, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
she executed the foregoing instrument as her free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this
day of
, 200_.
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
STATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Joseph E. Mayer, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
he executed the foregoing instrument as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this
day of
, 200_.
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
[Mayer - 1..::1.« TO Boathouse Tram]
-3-
WEH - 02127/98
STATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Natalie Mayer-Yeager, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
she executed the foregoing instrument as her free and voluntary act and deed for the uses
and purposes therein mentioned.
GNEN my hand and official seal this
day of
,20O_.
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
[Mayer - Le3Se re Boathouse Tram]
-4-
WEH .02/27/98
EJRIBIT A-I
LEGAL DESCRIPTION FOR
PROPOSED TRAM FACILITIES PERMIT AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH LANE) AS DEDICATED TO THE
PUBLIC ON THE PLAT OF HEALY PALISADES, AS RECORDED IN VOLUME 33 OF PLATS,
PAGE 45, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PLAT;
THENCE N14°10'38'W, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 143.37
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S14°10'38"E ALONG SAID LOT LINE AND THE EASTERLY MARGIN OF SAID
STREET, A DISTANCE OF 39.00 FEET;
THENCE S38°20'18'W, A DISTANCE OF 26.10 FEET;
THENCE S64°35'OO'W, A DISTANCE OF 26.93 FEET, MORE OR LESS, TO THE WESTERLY
MARGIN OF SAID STREET; .
THENCE N25°25'OO"W, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 18.46 FEET,
MORE OR LESS, TO AN ANGLE POINT;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN, N27°44'OO"W, A DISTANCE OF
2.71 FEET, MORE OR LESS, TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING
BEARS N38°20'18"E;
THENCE N38°20'18"E, A DISTANCE OF 64.75 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
(CONTAINS 1,690 SQUARE FEET, MORE OR LESS, OR APPROXIMA TEL Y 0.04 ACRES.)
Prepared by BASELINE Engineering, Inc.
BASELlNE.Job No. 02-108
File Name: 02108- TramFacilitiesPermitDesc.doc
Date: 10/18/2004
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EXHIBIT A-2
LEGAL DESCRIPTION
PROPOSED DECK LEASE AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH
LANE) AS DEDICATED TO THE PUBLIC, AND OF THE
PARCEL LABELED "COMMUNITY BEACH", ALL ON THE
PLAT OF HEALY PALISADES, AS RECORDED IN VOLUME
33 OF PLATS, PAGE 45, RECORDS OF KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14,
BLOCK 1 OF SAID PLAT;
THENCE, ALONG THE WEST LINE OF SAID LOT 14, A
DISTANCE OF 318.00 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE S50o00'W A DISTANCE OF 37.00 FEET;
THENCE NI4°l0'38"W A DISTANCE OF 52.00 FEET;
THENCE N50o00'E, A DISTANCE OF 38.81 FEET, MORE OR
LESS, TO THE EASTERLY LINE OF SAID "COMMUNITY
BEACH" PARCEL;
THENCE SOooOO'W, ALONG SAID EASTERLY MARGIN, A
DISTANCE OF 6.65 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF SAID LOT 14;
THENCE SI4°l0'38"E, ALONG THE WEST LINE OF SAID
LOT, A DISTANCE OF 46.34 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING.
(CONTAINS 1,736 SQUARE FEET, MORE OR LESS, OR
APPROXIMATELY 0.04 ACRES)
[Mayer - Lease re Boathouse Tram]
-2-
WEH - 02127/98