LUTC PKT 05-16-2005
City of Federal Way
City Council
Land Use/Transportation Committee
May 16, 2005
5:30p.m.
City Hall
Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: May 2, 2005
3. PUBLIC COMMENT (3 minutes)
4. BUSINESS ITEMS
A.
Saghalie Firs Preliminary Plat
Action Shul1/5 Min
Action Kirkpatrick/5 Mill
Action Roe/IS Min
B.
Proposed Interlocal Agreement between Federal Way and King
CmUlty Relating to Annexation Areas
Lloyd Enterprises, Inc. Request for Amending the Designated Truck
Route Ordinance
C.
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
Committee Members
Jack Dovey, Chair
Eric Faison
Michael Park
City Staff
Kathy McClung, Community Development Service!! Director
Marianne Stiles, Administrative Assistant
253-835-2701
G:\LUTCltUTC Agendas and Summaries 2005\05-16-05 LUTC Agendo.doc
City of Federal Way
City Council
Land Use/Transportation Committee
May 2, 2005
5:30 pm
City Hall
Council Chambers
MEETING MINUTES
In attendance: Committee members Jack Dovey, Chair, Council Member Michael Park, Council Member Eric Faison,
Deputy Mayor Linda Kochmar; Council Member Jim Ferrell; Council Member Jeanne Burbidge; Assistant City Manager
Derek Matheson; Assistant City Attorney Karen Kirkpatrick; Community Development Services Director Kathy McClung;
Public Works Director Cary Roe; Public Works Deputy Director Ken Miller; Street Systems Manager Marwan Salloum;
Traffic Analyst Sarady Long; Traffic Engineer Rick Perez; Surface Water Manager Paul Bucich; SWM Project Engineer Fei
Tang, Senior Planner Margaret Clark, Senior Planner Jim Harris, and Administrative Assistant Marianne Stiles.
1. CALL TO ORDER
Chair Dovey called the meeting to order at 5:30 pm.
2. APPROVAL OF MEETING MINUTES
The minutes of April4t\ and April 18th, 2005, were approved.
3.
PUBLIC COMMENT
Margaret Nelson - Ms. Nelson read and submitted a statement on banning commercial trucks except when
loading. She spoke regarding commercial vehicles parking in residential neighborhoods, specifically West
Campus. One specific truck is a problem and has not been dealt with by code compliance as they must see the
truck in place and work 9am - 5pm. She suggests writing an ordinance restricting vehicles and setting
compliance and fining (monetary) levels to fix this problem.
Scott Chase - Mr. Chase also spoke about commercial trucks causing problems in residential neighborhoods,
parking on the street at night, using driveways as a 'safe haven' exploiting a jurisdiction issue. HE stated the
in/out activity of this truck is a violation ofthe ordinance and should be dealt with in a timely manner.
Chainnan Jim Ferrell- Noted that he is on the same neighborhood board as Mr. Chase and is a neighbor of Ms.
Nelson. It says it is a problem
Chairman Eric Faison - Stated that issue was sent to LUTC and will return to the agenda June 6th, 2005.
4. BUSINESS ITEMS
A. South 336th Street at 1 st Avenue South Intersection Improvements - 30% Design Status Report
Marwan Salloum presented the background information on the project. It appears to be with in budget: the
project is $360,000 and there is $402,000 in the budget. He is presenting it to the council as per present policy;
the project is 30% complete. He recommends that the committee forward Option 1 to the council agenda.
Councilman Faison asked how much the extension and median changes along 1 st A venue will cost.
Mr. Salloum replied that is will cost between $100,000 and $120,000. A "Permissive Left" or free left-hand
turn lane, is included in the project at a cost of $60,000.
G:ILUTCILUTC Agendas and Summaries 2005105.02-05 tUTC Minulcs.doc
Land Uscffransportation Committee
Page 2
5/11/2005
Councilman Faison asked if the lane should be extended ifthe free left turn is allowed.
Rick Perez answered that they are looking at the 6yr versus the 20yr forecast; both options are needed to meet
the forecast and it is best to start working on it.
Option 1 was moved by Park. Seconded by Faison. Passed
B. Lakota Creek East Branch Restoration Project - Bid Award
Paul Bucich provided background information. Kemper Construction is the low bidder; they are $80,000 under
the engineer's estimate. He recommended forwarding option 1 to the council agenda for approval.
Moved by Faison. Seconded by Park. Passed
C. Joe's Creek Habitat Restoration Project, 50% Design Status Report
Paul Bucich provided background information, the project is 50% complete. He recommended forwarding
option 1 to the council agenda for approval.
Moved by Park. Seconded by Faison. Passed
D. AG 05-037 SW 356th Pond Fence Project Acceptance
Paul Bucich provided background information. He recommended forwarding option 1 to the council agenda for
approval.
Moved by Faison. Seconded by Park. Passed
E. CTR Interlocal Agreement with King County
Rick Perez provided background information on the city's efforts to comply with the state's Commute Trip
Reduction requirements.
Councilman Dovey asked if $9000 is well spent if 15-20 people are using the system.
Mr. Perez responded that the city is required to continue adding incentives until the goal is reached.
Councilman Faison asked if the FlexPass is a bus pass for $40/year that works as a multi-zone pass and
includes Pierce Transit. Mr. Perez confmned this.
Councilman Dovey asked if any City employee can use it. Mr. Perez confirmed any full-time employee.
Moved by Park. Seconded by Faison. Passed
F. 23rd Ave S & S 314th Street (Private Rd) Traffic Signal, Project Acceptance
Ken Miller provided background information; the project is complete and under budget. He recommended
option 1.
Moved by Faison. Seconded by Park. Passed
G. 2004 Comprehensive Plan
a. Follow Up on Puget Sound Partnership Request
Margaret Clark provided background information.
Councilman Faison said they like the staff idea but thinks that a) multi-family homes should be
allowed and that b) they should be urged to maintain as many trees as possible and keep buildings
close to the street.
Council debated the issue and there were concerns that they were beginning to be too restrictive, and
may disallow Starbucks when they disallow all drive-through franchises. Concomitance was discussed
as well as the fact that this is a rezone from less intensive to more intensive use. In the end, this passed
with two modifications: a) Remove fast-food restaurants from the restricted list and b) remove multi-
family use from the restricted list.
G:\LUTCILUTC Agendas and Summaries 2005\05-02-05 LUTC Minutes.doc
Land Use/Transportation Committee
Page 3
5/11/2005
Moved. Seconded. Passed with modifications (above). Clarification: Option 2 passed.
b. Kitts Corner
Margaret Clark provided background information. Staff recommends approval on eight conditions
(inCluded in the report).
Councilman Faison asked if there would be a roundabout and if mixed-use is allowed. Ms. Clark said
mixed-use is allowed. Mr. Perez stated that the City would have to move buildings to have a
roundabout, a 3-lane one would be best, and this is a Right of Way (ROW) issue. The council
discussed the total size of the development, the zoning mix (17acres BC / 28 acres RM), the potential
for accidents, and the 2 properties not yet signed off on.
Councilman Dovey asked if the properties would be rentals &/or owner-occupied?
John Potter replied that they would most likely be owner occupied.
Moved by Faison. Seconded by Park. Passed
H. SR99 Phase 11- northbound left turn lane @ 332nd - Information Only
Rick Perez provided background information. It requires a minor deviation from state regulation, which is for a
50' clearance, while there are 38.5' available.
The council discussed adding signage or changing the median to restrict truck turning. State approval will take
anywhere from four weeks to three months. The bid process may be slow but will get the best price. The council
liked option one the best but discussed possible school district activity.
Council gave direction to staff: Return to the committee with infonnation on the timeframe and feasibility, and
where the money will come from (revenue source). Council agreed there will be a future discussion on
negotiation rules for staff.
I.
Explanation of City Tree Ordinance - Information Only
Kathy McClung provided information al information about the City's Free Ordinance. She stated that trees have
been identified as an important issue for citizens. The council discussed whether or not they should add more
teeth to the law. The city's ordinance is more strict than some other city's. This more ofa problem with
contractors than with property owners and the issue should be revisited.
Council gave direction to staff.' put this issue on the action plan list for next year.
6. FUTURE MEETINGS
The next scheduled meeting will be May 16,2005.
7. ADJOURN
The meeting adjourned at 7:30 p.m.
G:\LUTCILUTC Agendas and Sununaries 2005\05-02.05 LUTC Minutes.doc
~
CITYOF"" ._18
Federal Way
May 9, ZOOS
Jack Dovey, Chair
Land UsefTransportation Committee (LUTe)
David M~anager
Janet Shull, AI~P, Contract Plann~~
SAGHALlE FIRS PRELIMINARY PLAT
Application Number 04-103295-00-SU
MEETING DATE: May 16, ZOOS
TO:
VIA:
FROM:
SUBJECT:
I.
STAFF RECOMMENDATION
Staff recommends the Land Use/Transportation Committee forward to the City Council a
recommendation approving the Saghalie Firs preliminary plat with conditions, based on the
findings and conclusions in the AprilZ7, 2005, Report and Recommendations by the Federal Way
Hearing Examiner.
II.
SUMMARY OF ApPLICATION
The applicant requests approval of a 34-lot residential subdivision, as provided for under Federal
Way City Code (FWCC) Chapter 20, "Subdivisions", subject to City Council approval.
Following the preliminary plat hearing, the Hearing Examiner recommended conditional
preliminary plat approval. At the public hearing, the applicant requested approval to clear and
grade the entire site with the exception of two small areas, representing approximately six building
lots, where existing vegetation would be retained until such time as these individual lots would be
developed. In the April 27, 2005 Report and Recommendations, the Hearing Examiner
recommended upholding the staff recommendation that would allow for some clearing and grading
beyond that necessary for roadway and utility construction, but not as extensive a clearing and
grading area as requested by the applicant. The staff recommendation would retain vegetation on
approximately 17 building lots until such time as these individual lots were developed.
At the public hearing, the applicant also presented testimony regarding a proposed roadway
modification request for SW 341 st Street that was denied by the City's Public Works Department.
In the April 27, 2005 Report and Recommendations, the Hearing Examiner also recommended
upholding the Public Works Department's denial of the applicant's roadway modification request.
ill.
IV.
V.
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 Use/Transportation Committee for review and
recommendation prior to review by the full Council.
HEARING EXAMINER'S RECOMMENDATION
On April 27, 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 additional clearing grading, nor does it recommend support ofthe
applicant's request for a roadway modification to SW 341 st Street. The Examiner's
recommendation was issued following consideration of the following: staff report (Exhibit B); and
testimony presented at the April 5, 2005 public hearing (Exhibit C). Subsequent to the public
hearing, the record was left open for two weeks. During this time, two memos were submitted
from staff providing additional background infonnation and analysis regarding site clearing and
grading and the roadway modification request for SW 341 st Street (Exhibit D).
The Hearing Examiner's recommendation is subject to the following conditions of preliminary plat
approval:
1.
Final plat approval shall require full compliance with drainage provisions set forth in the
FWCc. Final review of the stonn drainage engineering plans will occur in conjunction with
full engineering review.
2.
Due to the existing site soil conditions, a seasonal clearing restriction from October I to April
30 shall be required.
3.
Clearing limits for the construction ofthe plat improvements (roads, ponds, and utilities and
approximately 17 of the proposed lots) shall be generally consistent with the clearing limits
depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit "16"). The
clearing limits identified on the plan sheet referenced above are the approximate clearing
limits necessary for road, utility, pond, and necessary lot grading due to topographic
conditions that would provide for the functioning of the proposed on-site stonn drainage
wetponds and alleviate large areas of on-site flooding. 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.
PROCEDURAL SUMMARY
August 19, 2004
Date of application for 34-10t Saghalie Firs preliminary plat
September 9, 2004
Date application detennined complete
September 18,2004 Date of Notice of Application
Land Use /Transportation Committee
Saghalie Firs Preliminary Plat
File No. 04-103295-00-SU / Doc LD. 31561
Page 2
February 5,2005
Environmental determination issued
April 5, 2005
Hearing Examiner Public Hearing
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
April 27, 2005
Hearing Examiner issued recommendation of conditional approval of
preliminary plat to the City CounciL
May 16, 2005
City Council Land UsefTransportation 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 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 fi-om 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 ofthe 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 20-1 27(b)(i) or (ii).
The draft resolution approving the proposed preliminary plat as recommended by the Hearing
Examiner is attached (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:
Land Use /Transportation Cornmittce
Saghalie Firs Preliminary Plat
File No. 04-1O3295-00-SU / Doc. I.D. 31561
Page 3
VIII.
EXHIBITS
A.
B.
C.
D.
E.
1.
Adopt the recommendation;
2.
Reject the recommendation;
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).
PROPOSED MOTION
I move that the Land Useffransportation Committee forward to the City Council, and place on the
June 7, 2005 City Council consent agenda, a recommendation approving the Saghalie Firs
Preliminary Plat Resolution.
Hearing Examiner Report and Recommendation, April 27, 2005
Staff Report to the Hearing Examiner
Written testimony presented at the public hearing
Memos submitted following Hearing Examiner Public Hearing
Cîty Council Draft Resolution for the Saghalie Firs Preliminary Plat Approval
APPROV AI. OF COMMl1TEE ACTION: .. ':',:I:.:.,:~,;<"'! ;,.
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Land Use /Transportation Committee
Saghalie Firs Preliminary Plat
File No. 04-103295-00-80/ Doc ID 31561
Page 4
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APR 2 8 2005
CITY OF FEDERAL WAY ¡ "-----.. - ..J I
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OFFICE OF THE HEARING EXAMINER -"'-'-----'..0__.1
IN THE MATTER OF:
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FWHE# 05-05
FW# 04-1 03295-00-SU
SAGHALIE FIRS PRELIMINARY PLAT
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval to allow a 34 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:
April 5,2006
April 27. 2005
At the hearing the following presented testimony and evidence:
1.
2.
3.
4.
5.
6.
Janet Shull, Contract Planner, City of Federal Way
Craig Sears, applicant, 15 Lake Bellevue, 8te. 102, Bellevue, WA 98005
Jeff Schramm, 16625 Redmond Way, 8te. M-323, Redmond, WA 98052
Matt Weber, AHBL, 2215 N. 30th St., Ste. 300, Tacoma, WA 98403
Ken Miller, Deputy Public Works Director, City of Federal Way
Greg Fewins, Senior Planner, City of Federal Way
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
Staff Report with all attachments
Power Point Presentation
Letter from Matt Weber to Gary Ro£(City of Federal Way) dated August 18,
2004
Memorandum to City of Federal Way Hearing Examiner from Ken Miller,
Deputy Director of Public Works, dated April 19, 2005
Memorandum to City of Federal Way Hearing Examiner from Janet Shull
4.
5.
Page - 3
dated April 18, 2005
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 applicant has a possessory ownership interest in a generally rectangular,
9.57 acre parcel of unimproved property located southwest of the present
terminus of 19th Avenue SW and east of 21st Avenue SW within the City of
Federal Way. The applicant requests preliminary plat approval to allow
subdivision of the site into 34 single family residential lots with a minimum lot
size of 7,200 square feet, a maximum lot size of 7,545 square feet, and an
average lot size of 7,261 square feet.
5.
The site plan shows access provided from the north via an extension of 19th
Avenue SW along the north property line and a second access provided via a 60
foot wide strip of property extending east from 21st Avenue SW to the western
property line of the site. This future road, known as SW 34151 Street, will extend
through the center of the plat to connect with 19th Avenue SW. Such will create a
pass through route through the plat commencing at the intersection of 19th
Avenue and SW 336th St. and terminating at the future intersection of 341st St.
and 21 st Avenue. However, the applicant desires to construct SW 341 st St. to
emergency vehicle access (EVA) standards from the eastern plat boundary to
21 st Avenue to prohibit the above described pass through route. The applicant
believes that such route will serve as a "cut-through" and allow drivers to avoid
the congested intersection of 336th St. and 21st Avenue.
6.
The applicant submitted a request for modification to allow construction of 341s1
Street to EVA standards to the City Public Works Director pursuant to Section
22-1477 of the Federal Way City Code (FWCC) which authorizes the Director to
modify, defer, or waive requirements for roadway improvements (Exhibit "3").
The basis for the modification included the lack of alignment with the intersection
Page - 4
at SW 342nd St. and 21st Avenue as the applicant could not acquire right-at-way
from the Washington State Department of Transportation (through the park-and-
ride lot) to allow said alignment. The separation of the 341 st/342nd intersections
and the existing bus turn into the park-and-ride lot will measure approximately
115 feet, less than the intersection spacing requirements required by the FWCC.
The separation from the future SW 341 st Street and SW 342nd Street would
measure approximately 90 feet centerline to centerline. The applicant also refers
to a letter from the Federal Way School District dated January 13, 2005, (Exhibit
"19") wherein the District supported the EVA road due to concerns about the
increase of traffic that the pass through route would cause on 1'9th Avenue SW in
front of Saghalie Middle School. The District agreed with the applicant that
drivers would have the opportunity to bypass the 336th Street/21st Avenue
intersection, and that such increased traffic would detrimentally impact the safety
of students/pedestrians crossing 19th Avenue SW to walk to the school and City
park. However, the letter also indicates that should the City require construction
of a full service road, it should consider traffic calming measures and conversion
of the existing crosswalk on 19th Avenue S. to a raised crosswalk. The City
responded to the District's concerns by requiring through the SErA process
traffic calming devices on both 19th Avenue and SW 341st Street to slow traffic in
front of the school and to make the alternative route less desirable. Such would
reduce the number of vehicles using the "cut through". In addition, failure to
provide a full access to the west to 21st Avenue would violate several FWCC
requirements to include Section 20-151 which encourages subdivision design to
distribute traffic to collector street systems "to avoid intrusion or overburden of
residential streets". 19th Avenue presently provides access to intense
commercial uses to include Fred Meyer, and adding traffic from 34 lots would
"overburden" said street. Furthermore, Section 20-151(c) FWCC prohibits cul-
de-sac streets longer than 600 feet. If SW 341 st is not connected, 19th will
become a cul-de-sac more than 1,000 feet in length. Section 22-151(d) FWCC
limits block perimeters to 2,640 feet for streets, and failure to connect 341 5t
Street would exceed said standards. While the applicant's traffic engineer
asserts that the bypass would accommbdate several thousand cars per day to
include "a couple of hundred cars" per hour during the peak period, he did not
perform a detailed analysis. He also determined that the road would
accommodate the anticipated volumes, but that the volumes would create safety
concerns. The City staff does not agree with the applicant's traffic engineer
regarding the number of vehicles using the bypass. Staff points to a similar
situation on 8th Avenue SW between SW 356th Street and SW Campus Drive.
Traffic counts show a volume of 1,139 vehicle trips per day on said bypass.
Page - 5
7.
The Examiner agrees with the Public Works Director's interpretation of the
criteria setforth in Section 22-1477 FWCC regarding modification, deferment, or
waiver of requirements for roadway improvements. Construction of SW 34151
Street to full access standards is harmonious with existing street improvements,
will function properly and safely, and will be advantageous to the neighborhood
and City as a whole. Even though the school district has concerns regarding
future traffic volumes, district school buses have difficulty negotiating the
intersection of 19th and 336th and the completion of SW 34151 Street will provide a
much better bus route to Saghalie Middle School. No topographic or physical
conditions preclude the construction of the improvements, and proper vertical or
horizontal alignments are easily determined. The required intersection with 215t
Avenue SW will not have a correct alignment with SW 342nd, but the City traffic
engineer will grant a modification due to the importance of the connection
(Exhibit "12"). While the required improvement does not appear in the City's Six
Year Transportation Improvement Program, the comprehensive plan supports its
construction. The extension of 19th Avenue SW and the development of the site
into 34 single family lots also requires its construction.
8.
The applicant requests relief from the requirements of Section 20-179 FWCC
which reads:
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...
b.
Existing mature vegetations shall be retained to the
maximum extent possible.....
The applicant desires to mass grade the entire site except for small areas in the
southwest and northeast portions (Exhibit "15"). The City agrees with the grading
plan for the portion of the plat north of the future 341 5t Street, but asserts that the
portion of the plat south of 34151 Street and north of the internal plat cul-de-sac
road does not need filling until development of the lots. The central issue
between the applicant and the City concerns the amount of ponding that will
occur due to the blockage of drainage pipes under SW 341 5t Street following
filling which will occur to the north thereof. The applicant asserts that off-site
drainage will cause flooding throughout the site and upstream basin. A
significant amount of off-site drainage flows across the site from south to north
through an existing ditch abutting the south property line and extending onto the
Page - 6
9.
10.
southern portion of the plat. However, the City's conditions of approval allow
clearing and grading in the vicinity of the ditch if necessary to ensure that off-site
flow is captured and conveyed to the plat storm detention facilities located along
the north property line. Staff supports clearing and grading to ensure the
continuation of said flow. Thus, the only source of ponding which will occur south
of 341s1 Street will be drainage from the south 11 +/- acres of the site. Runoff
from such a small area will not threat life, safety, or improvements in the vicinity
of SW 341 sl Street. Such is especially true as in the Preliminary Technical
Information Report (Exhibit "9"), the project engineer writes that runoff from roof
surfaces and yards in lots 19 through 34 will be infiltrated into the underlying
soils. Thus, much of the rainfall on the southern 11 acres of the site should
infiltrate into the ground.
Additional reasons cited for the mass grading exemption would apply to virtually
any phased development. Such reasons include wood chips used in site
stabilization, truck loads of brush and material hauled off site, provision of
temporary erosion control measures, balancing of fill and grade, homes occupied
during land clearing and excavation, and less disruption to the neighborhood.
The Examiner must assume that the City Council considered these negative
impacts along with the desirability of retaining as much vegetation on the site as
possible prior to development in its adoption of Section 20-179 FWCC.
The site is located within the Residential Single Family (RS 7.2) zone
classification of the FWCC, and the Federal Way Comprehensive Plan
designates the site as Single Family High Density. The RS 7.2 zone
classification authorizes single family residential homes on minimum lot sizes of
7,200 square feet as outright permitted uses. Abutting parcels to the south, east,
and west are also located in the RS 7.2 classification and Single Family High
Density designation. Parcels to the north are located in both the Neighborhood
Business and RS 7.2 classification. Surrounding uses include a Fred Meyer store
to the north and the Saghalie Middle School to the northeast. Vacant parcels
abut the south and east property lines. However, a single family residential
subdivision is proposed for the parcel to the east. A church and WSDOT park-
and-ride lot are located to the west.
11.
The applicant provided a geotechnical engineering study of the site prepared by
Earth Consultants, a qualified expert. The study determined that soils are
suitable for residential development. Soils include a 12 inch layer of topsoil, three
to five feet of loose to medium dense silty sand with gravel, and very dense silty
sand with gravel. Because of wet soil conditions the expert recommends a
Page - 7
12.
13.
14.
15.
16.
summer earthwork schedule.
The topography slopes down from the western and eastern boundaries to a
shallow depression that extends through the site from north to south. However,
the site has no steep slopes or other geologically hazardous areas. The northern
portion of the parcel is forested and the southern portion is vegetated with grass
and a few trees. The applicant has identified significant trees and plat approval is
subject to an approved tree clearing and landscape plan which meets Section
20-186 FWCC. A wetland reconnaissance performed by a qualified expert
concludes that no regulated wetlands exist on the site. The applicant's wildlife
habitat assessment letter concludes that no State endangered, threatened, or
sensitive wildlife species or habitats are present on the site.
The applicant proposes to pay a fee in lieu in providing on-site open space, and
the City PARCS Director has agreed to the payment. Section 20-155 FWCC
requires an open space fee of 15% of the assessed land value as calculated at
the time of final plat approval.
As previously found, an extension of 191h Avenue and a newly constructed SW
341 sl Street will provide access to the site. An internal plat cul-de-sac extending
south from 191h Avenue SW near the south property line will provide access to
lots 25 - 34. A second cul-de-sac road extending north from 341 sl Street will
provide access to lots 9 - 18 and the Tract C storm drainage pond.
Landscape requirements include a ten foot wide, Type 3 landscape buffer along
all exterior property lines and abutting non-residential uses. However,
landscaping of the Tract C and D storm drainage facilities must meet Public
Works standards.
All internal and exterior roads providing access to lots must meet all FWCC
requirements and all such right-of-way areas must be dedicated to the City. The
applicant will improve all plat roads to full street standards with the exception of
the southern portion of 19th Avenue SW and the western portion of SW 341 sl
Street where the City has authorized two-thirds street improvements. The
applicant must construct both 191h Avenue and SW 341s1 Street to local access
standards which include 36 feet of pavement, vertical curb and gutter, four foot
planter strip with street trees, five foot wide sidewalk, street lights, and a three
foot wide utility strip within a 60 foot wide right-of-way. 341s1 Street will have a
two-thirds street improvement from the western plat boundary to the 21s1 Avenue
intersection where it will once again have a full width with 35 foot radii. The two
Page - 8
17.
18.
19.
20.
cul-de-sac roads must meet local access standards to include 28 feet of
pavement with vertical curb and gutter, four foot wide planter strips with street
trees, five foot wide sidewalks, and three foot wide utility strips with street lights
within a 52 foot wide right-of-way. Mitigating measures in the MONS require a
$5,400 proportionate share payment to improvements at the SW 348th Street/1st
Avenue South intersection and a $42,210 proportionate share payment to
improvements at the 10th Avenue SW/SW 344th Street intersection for a total
mitigation cost of $47,610.
The applicant will pay school impact fees to the Federal Way School District to
offset the impact of school aged children residing in the plat. The school district
reviewed the school access analysis provided by the applicant and has
requested installation of traffic calming devices in the area of the school which
the MONS requires. No bus stops presently exist for elementary school students
in the area, and the closest bus stop for Decatur High School is located at SW
19th Place and 20th Place. The applicant and school district have agreed to
coordinate needed bus stops within the plat.
The Lakehaven Utility District has provided a Certificate of Water Availability
indicating that it can provide both domestic water and fire flow to the site. The
district has also provided a Certificate of Sewer Availability which confirms its
capacity to serve the proposed development through a Developer Extension
Agreement.
The applicant will design and install all storm drainage facilities in accordance
with the 1998 King County Surface Water Design Manual and the City's
amendments thereto. Due to its location within the West Branch Hylebos Creek
Basin, the applicant must detail how the project will meet the special
requirements of the basin plan. The preliminary design proposes to collect and
convey water through a series of pipes and catch basins into two storm drainage
detention ponds which will include water quality treatment facilities. The facilities
must provide Level 1 flow control and resource stream protection menu water
quality treatment. The City has determined that the proposed facilities meet said
standards. The applicant will also provide an additional on-site storage capacity
of 1.11 acres to alleviate downstream flooding per the requirements of the 1996
Comprehensive Surface Water Facility Plan.
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:
Page - 9
A.
As previously found, the project is consistent with the Single Family High
Density designation of the comprehensive plan.
B.
Compliance with the provisions of FWCC Chapter 18 "Environmental
Policy", Chapter 20 "Subdivisions, Chapter 22 "Zoning", and all other
applicable codes and regulations will ensure consistency of the project will
all applicable provisions of the FWCC including those adopted by
reference from the comprehensive plan.
C.
The project is consistent with the public health, safety, and welfare as it
will meet all applicable codes and regulations.
D.
The project is consistent with ;311 design criteria set forth in Section 20-2
FWCC. The proposed subdivision provides an effective use of land,
promotion of safe and convenient travel on streets, and for the housing
needs of the community.
E.
The preliminary plat is consistent with the development standards listed in
Sections 20-151 through 157 and 20-178 through 187 assuming
compliance with conditions of approval to include construction of roads
and retention of vegetation during filling and grading of portions of the
site.
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 of Saghalie Firs is consistent with the Single Family
High Density designation of the comprehensive plan and meets all bulk regulations
of the RS 7.2 zone classification.
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, transitstops, fire protection, sanitary waste, parks andrecreation,
playgrounds, schools and school grounds, and safe walking conditions.
Page - IO
4.
The proposed preliminary plat satisfies all applicable requirements of the FWCC to
include Section 20-126(c) and will serve the public use and interest by providing an
attractive location for a single family residential subdivision convenient to a park-
and-ride facility, schools, parks, and commercial retail facilities. Therefore, the
preliminary plat should be approved subject to the following conditions:
1.
Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Final review of the storm drainage engineering plans will
occur in conjunction with full engineering review.
2.
Due to the existing site soil conditions, a seasonal clearing restriction from
October 1 to April 30 shall be required.
3.
Clearing limits for the construction of the plat improvements (roads, ponds,
and utilities and approximately 17 of the proposed lots) shall be generally
consistent with the clearing limits depicted on the modified Proposed Clear
and Grade Alternative Site Plan (Exhibit "16"). The clearing limits identified
on the plan sheet referenced above are the approximate clearing limits
necessary for road, utility, pond, and necessary lot grading due to
topographic conditions that would provide for the functioning of the proposed
on-site storm drainage wetponds and alleviate large areas of on-site flooding.
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.
RECOMMENDA TION:
It is hereby recommended that the Federal Way City Council approve the
preliminary plat of Saghalie Firs subject to the conditions contained in the
conclusions above.
Page - 11
TRANSMITTED THIS 27th DAY OF April, 2005, to the following:
AGENT:
AHBL
Lisa Klein
2215 North 30th Street, 8te. 300
Tacoma, WA 98403-3350
ENGINEER: AHBL
Matt Weber, P.E.
2215 North 30th Street, 8te. 300
Tacoma, WA 98403-3350
OWN ER:
Saghalie Firs LLC
Kevin O'Brien
Jeffrey E. Hamilton
7947 159th Place NE, Suite 100
Redmond, WA 98052-4306
Jeff Schramm
TENW
16625 Redmond Way, Ste M-323
Redmond, WA 98052
Craig Sears
15 Lake Bellevue, 8te. 102
Bellevue, WA 98005
Tom Vasilaos
16622 178th Avenue NE
Woodinville, WA 98072
City of Federal Way
c/o Chris Green
P,O. Box 9718
Federal Way, WA 98063-9718
, . .
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 afterthe 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:
(a)
(b)
(c)
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.
(d)
FILE
Qff~ A
Fed erat Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
SAGHALIE FIRS PRELIMINARY'PLAT
Federal Way File No. 04-103295-00-SU
PUBLIC HEARING - April 5, 2005
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33325 8th Avenue South
Table of Contents
I. General Infonnation ..............-..............................;...............................................................2
U. Consulted Departments, Agencies, and Public ....................................................................3
lli. State Environmental Policy Act...-.-...-...................................................-.:......-......-..............3
N. Natural Environment..................... .-................................ ,-,,""""'" ...... ................... .............4
V. Neighborhood Characteristics....-.......... ...............................-.......-.......................... ........ :..,.5
VI. General Design.............................................--..-......."""""""""""""""""""""""""""'"...5
VIT. Transportation '" """"""""'" ........-............ .... """""" ... """"'" ............. ...... ................. ......... 7
Vill- Public Services ......""'-'-""""""""""""""'-"-""'" ........................~........................ ..............8
IX. Utilities......-......._....... ....................-....-""""'" ....... "-.. ......""""" ..-... ....-.......,. ..... ........ ....... ..9
X. Analysis of Decisional Criteria """""""""""""""""""""""""".""""-""""'"...,..............10
XI. Findings ,of Fact and Conclusion .............................................,.........................................11
Xll. Recommendation """--"""""""""""""""'-""""""""'"....................................................14
Xli. List of Exhibits.......................-..-...................................,..--.,...... ""'-"-""""'-" ............ ..... ..14
Report Prepared by:
Janet Shull, AICP, Contract Planner
March 18,2005
~;. ':.,':"..
'~I t~ OO:(ry:'î
~................ ..:.:".;. '1<-:'1. "
'\ ~ "" "
File No:
04-103295-00-SU
Agent:
AHBL
Ms. Lisa Klein
2215 North 30th Street, Suite 300
Tacoma, VVA 98403-3350
Phone: 253-383-2422
Engineer:
AHBL .
Mr. Matt Weber, P.E.
2215 North 30th Street, Suite 300
Tacoma, W A 98403-3350
Phone: 253-383,.2422
Owner:
Saghalie Firs LLC
7947 159th Place NE, Suite 100
Redmond, W A 98052-4306
Action
Requested:
Preliminary plat approval of a 34-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
Rep resentative:
Janet Shull, AICP, Contract Planner, 206-244-3749
Staff
Recommendation:
Preliminary Plat Approval with Conditions (Refer to Section XU)
I
GENERAL INFORMATION
A. Description of the Proposal ~ The applicant proposes to subdivide 9.57 acres of vacant land into
34 residential single-family lots. The subject site is zoned RS 7 .2, requiring a minimum lot size
of7,200 square feet per lot.
The proposed action is depicted in the following documents: preliminary plat cover sheet,
revised March 16,2005 (sheet 1 of 5); boundary and topographic survey, revised November 12,
2004 (sheet 2 of 5); preliminary plat map, revised November 12, 2004 (sheet 3 of 5); preliminary
grading and drainage, revised November 12,2004 (sheet 4 of5); preliminary water and sewer,
revised November 12, 2004 (sheet 5 of5) and preliminary landscape plan by Lane and
Associates (Sheets L-l, L-2, and L-3) revised November 12, 2004 (Exhibit 1).
B. Location - The site is located east of21s1 Avenue SW, west of19th Avenue SW, at SW 341s1
Street" in Federal Way, W A.
C. Parcel Nos. - 242103-9006 and 242103-9054. The site tegal description is on the cover sheet
(Sheet 1 of Exhibit 1).
Staff Report to the Hearing Examiner
Prelímînary Plat of Saghalie Firs
Page 2
04-1O3295~SU / DodD 31092
D. Size ofProperty-,- The subject site has a land area of 416,873 square feet (9.57 acres).
E. Land Use and Zoning-
Direction Zoning
Site RS-7.21
North BN and
RS-7.2
South RS-7.2
East RS-7.2
West RS-7.2
Comprehensive Plan
SF - High Density
Existing Land Use
Vacant
Neighborhood Business
SF - High Density
SF - High Density
Department Store
Middle School
Vacant
SF - High Density
Vacant (proposed subdivision)
Single.Family Residential
SF - High Density
Church and
Metro Park and Ride
F-
Background - The preliminary plat of Saghalie Firs was submitted on August 19, 2004 (Exhibit
2). City staff deemed the revised application complete on September 9,2004.
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
and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Federal Way Fire
Department; Lakehaven Utility District; and Federal Way Public Schools. CORC 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 on September 17, 2004 (Exhibit 3). The City also conducted other public notice
on September 18, 2004, in accordance with City code requirements. In response to the notice of
applícation, the City received no comment letters regarding the proposal.
B.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners within 300 feet of the site (Exhibit 4), 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 ~d on the City's official notice
boards.
c.
m STATE ENVIRONMENTAL POLICY ACT
A. The City of Federal Way issued a Mitigated Environmental Determination ofNonsignificance
(MDNS) (Exhibit 5) for the proposed action on February 5, 2005- This determination was based
IRS-7.2 '" single-family residenlial, 7,200 SF minimum lot size.
SlaffReport to the Hearing Examiner
Preliminary Plat ofSaghalie Firs
Page 3
04-1O3295-SU I Doc/P311192
on review of infonnation on file, including the environmental checklist (Exhibit 6), and staff
evaluation of the environmental checklist for Saghalie Firs, 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 two comment letters during the 14-day SEP A comment period (Exhibit 7). The
City responded in writing to all parties that provided written comments on the SEP A decision
(Exhibit 8).
C.
The City received no appeals of the SEP A MDNS.
IV NATURAL ENVIRONMENT
A. Soils - The applicant provided a geotechnical engineering study by Earth Consultants, August
17,2004 (Appendix D of Preliminary TIR, Exhibit 9). Site soils are discussed in detail in the
geotechnical report. The geotechnical engineering study concludes that the site is suitable for
residential development under proper conditions. According to the study, the site is immediately
underlain by an up-td-twelve~inch thick layer of topsoil. The native soils underlying the topsoil
layer consist of three to five feet of loose to medium dense silty sand with gravel (Unified Soil
Classification SM) underlain by very dense silty sand with gravel (SM).
According to the geotechnical engineering study, site soils are moisture sensitive due to their
high fines content. Once disturbed in a wet condition, they will be unsuitable for support of
foundations, slabs, or pavements. The study recommends that a summer earthwork schedule be
observed due to these soil conditions. .
B.
Topography-The site generally slopes down from the western and eastern boundaries to a
shallow depression that extends from north to south. The site does not have any steep slopes or
any other geologically hazardous areas.
C.
Vegetation - The northern parcel (north ofSW 341st Street) is forested, and includes
associated underbrush. The southern parcel (south of SW 341 st Street) consists of grassy
areas with a few trees. There are existing trees on the site that meet the definition of
significant tree per the FWCC. These trees have been identified on the preliminary
landscape plans. 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.
D. Wetlands ~ The applicant provided a wetland reconnaissance letter prepared by Altman Oliver
Associates, November 7,2003 (Exhibit 10), that concludes there are no regulated wetlands on the
subject site.
Staff Report to the Hearing Examiner
Preliminary Plat of Saghalie Firs
Page 4
04-103295-SU I DotJD31092
v
E.
Wildlife Habitat - The applicant provided a wildlife habitat assessment letter preparèd by Altman
Oliver Associates, November 7, 2003 (Exhibit II), that concludes there are no state endangered,
threatened, or sensitive wildlife species or habitats on the site.
NEIGHBORHOOD CHARACTERISTICS
A.
Vicinity - The property is situated generally in the south-central portion of the City. The site is
located east of21 st Avenue SW and west of 19th Avenue SWat SW 341 st Street. The subject site
abuts a large commercial property to the north, and also abuts a middle school to the northeast.
To the west is a church and a park and ride lot. To the east and south of the site are existing
undeveloped property zoned RS- 7.2 as well as some existing single-family residences.
Public Parks - The site is loCated. within the City's parks planning area C. Within this service
area are the following parks facilities: Alderdale Park, Coronado Park, and Saghalie Park These
parks provide recreational opportunities for residents in the area.
B.
VI GENERAL DESIGN
A.
Lot Size - The proposed Saghalie Firs lots range in size from 7,200 square feet to 7,545 square
feet. All lots on the preliminary plat map meet the minimum 7,200 square-:foot minimum lot
SIze,
B.
Lot Layout - Most of the proposed lots are of rectangular shape. 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 of land on~site
for open space, or a fee-in-lieu payment. Pursuant to FWCC Section 20-1 55(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 a fee-in-lieu of on-site open space. The open space fee amount is 15 percent of the
assessed land value at the time of final plat approval.
D. Subdivision Access and Roadway System - Access to the site will be via two new streets: an
extension of 19th Avenue South southward along the eastern boundary of the site, and SW 341 st
Street, which will connect with 21 S{ Avenue SW, located to the west of the site. Two cul-de-sac
streets are also proposed. Section vn of this report provides a detailed description of the
proposed roadway system and improvements.
The initial preliminary plat application included a request for a roadway modification to the
western portion of SW 341 st Street. The specific request was to develop the western segment of
the roadway for emergency vehicle access only. City staffreviewcd and subsequently denied the
roadway modification request in a November 9, 2004 letter (Exhibit 12), citing the Federal Way
Comprehensive Plan provision for the development of this road (Comprehensive Plan Map 1II-
6),
E.
Pedestrian System - Sidewalks will be provided along all street fi-ontages. Specifically, interior
full street improvements include five-foot wide sidewalks on both sides of the street and four-
Page 5
04-1O329S-SU / Doc ID 31092
Staff Report to the Hearing Examiner
Preliminary Plat ofSaghalie Firs
footplanter strips. Two-thirds street improvements on the southern portion of 19th Avenue SW
and western portion ofSW 341st Street will include five-foot wide sidewalks and four-foot
planter strips. -
F.
Landscape Buffers - In accordance with FWCC Section 22-1566, a ten-foot wide Type m
landscape buffer will be provided along all property lines abutting nonresidential uses. The
preliminary landscape plan provides for the required landscape buffers along the western site
boundary in Tracts A and B as well as along the northern site boundary in Tract C. Landscaping
of the Tract C and Tract D wetponds will be provided in accordance with Public Works
standards.
G.
Clearing and Grading - In a November 12, 2004 letter (Exhibit 13) to the City, the applicant
requested approval to clear and grade the entire site at the time of construction of the plat
infrastructure. In general, the FWCC does not support mass clearing and grading of a proposed
plat unless there are unusual site conditions and/or existing topographical conditions that support
eXtensive site grading at the time of inftastructure development. Specifically, FWCC Section 20-
179, states:
"All natural vegetation shall be retained on the site to be subdivided except that which will,
be removed for improvements or grading approved in the preliminary subdivision or short
subdivision. "
"Existing mature vegetation shall be retained to the maximum extent possible. "
Factors such as convenience of balancing on-site materials and avoiding transporting excess
materials off-site, are not supported by the FWCC as conditions to allow for mass clearing and
grading of a subdivision site. .
The applicant identified in their November 12, 2004 letter, that there are unusual site conditions,
in that off-site stormwater flows onto the property trom the south, and that the proposed storm
drainage facility will provide for an additional 1.11 acres of stOrage volume to accommodate this
condition and alleviate downstream flooding. The applicant further states that by mass grading
the site, the off-site and on-site drainage will be forced to flow via a swale to the proposed pond.
The applicant states that without the provision to mass grade the site, stonnwater will not be able
to reach the planned discharge and would cause flooding throughout the site and upstream basin.
The applicant also submitted an exhibit (Exhibit 14) to illustrate the flooding conditions that
would result if the clearing and grading limits where established for only those areas associated
with inftastructure construction. City staff met with the applicant on January 11,2005, to discuss
the unusual site conditions associated with this site and to review the exhibit illustrating these
site conditions.
Subsequent to this meeting, the applicant submitted a revised proposed clear and grade
alternative plan (Exhibit 15) that would retain two areas in natural vegetation. While City staff
concurs with the applicant that there are certain unusual site conditions that support grading of
additional areas of the site outside of the limits of site inftastructure, City staff does not support
the extent of the clearing and grading proposed by the applicant. City staff reconnnends clearing
and grading limits be established as depicted on the modified clear and grade alternative plan
Staff Report to the Hearing Examiner
Preliminaty Plat of Saghalie Firs
Page 6
04.103295-SU I Doc1D31092
(Exhibit 16). This area would allow for the clearing and grading of areas associated with
infrastructure, landscape tracts, and most of the northern portion of the site to address the
condition where existing topography would prohibit stormwater from reaching the on-site storm
drainage facility.
H.
Vegetation and Significant Trees - The applicant's request to grade most of the site, also would
result in removal of most of the vegetation on the site, except for eight significant trees that are
proposed to be retained, as depicted on sheet L-l (Exhibit I). The applicant does propose
replacement of significant trees that would be removed in conjunction with the proposed
clearing and grading limits (refer to sheet L-I). Replacement trees are proposed within perimeter
landscape buffer tracts A, B, and C. .
vn TRANSPORTATION
A. Street Improvements - Access to the site win be provided by an extension of 19th Avenue SW
along the eastern b~undary of the site, which will connect the site with SW 336th Street to the
north- In addition, SW 341 sl Street will be constructed through the site, connecting the site with
21 Sl Avenue SW to the west. Interior streets shall also be designed and constructed by the
applicant per FWCC requirements. In accordance with FWCC Section 20-176, all street
improvements must be dedicated as City right-of-way and improved to full street standards,
except the southern portion of 19th AvenueSW and the western portion ofSW 341st Street
fTontage, where two-thirds street improvements are permitted.
An August 2004, Traffic Impact Analysis (rIA) by Transportation Engineering Northwest was
submitted for the project (Exhibit 17). The City's Traffic Division has reviewed the project and
concluded that the proposed street layout of the Saghalie, Firs subdivision is consistent with the
adopted codes and comprehensive plan in place at the time of the complete application-
Pursuant to FWCC Section 22-1525, 19th Avenue SW and SW 341SIStreet along the project
frontages shall be improved to Local Access Standard corresponding to a Cross-Section "S."
The required street improvements will include 36 feet of pavement (curb to curb), vertical curb
and gutter, four-foot planter strip with street trees, five-foot sidewalk, streetlights, and a three-
foot utility strip all within a 6O-foot right-of-way- Along the southern portion of 19th Avenue SW
and western portion of SW 341 st Streets, where'two-thirds street improvements are allowed, the
paved street shall be 28 feet minimum. SW 341 SI Street shall be improved to full width at 21 SI
Avenue SWwith 35;.foot radii. .
Internal plat streets (cul-de-sac streets "Road A" and "Road B") shall be improved to Local
Access Standard corresponding to a Cross-Section "W." The required street improvements will
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. All this shall be built
within a 52-foot wide dedicated right-of-way.
Street lighting is required on all streets pursuant to FWCC Section 22-1522.
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
Staff Report to the Hearing Examiner
Prelinûnary Plat ofSaghalie Firs
Page 7
04-1O3295-SUI DodD 31092
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.
Required improvements to the project's streetfÌ'ontages are code~based requirements in the
FWCC, and are independent of the SEP A mitigation.
vm PUBLIC SERVICES
A. Schools - The applicant provided a September 8, 2004, School Access Analysis (Exhibit 18).
The Federal Way School District reviewed the school access analysis and provided comments,
January 13, 2005 (Exhibit 19). Written comments fÌ'om the school district staff identified an
impact to student/pedestrian safety in the vicinity of the Saghalie Middle School site due to the
construction of SW 341 st Street and the potential for additional vehicle traffic along 19th Avenue
SW. The school district requested that traffic calming measures be included along 19th Avenue
SW and SW 341s1 Streets as project mitigation. Such measures were included as SEPA
mitigating measures in the MDNS issued for the preliminary plat (Exhibit 5).
The school access analysis identifies that there are currently no Olympic View Elementary
students residing in the area, so there are no identified school bus stops for the area. The school
access analysis (Exhibit 18) indicates that any bus stops that would be needed within the project
area are supported by the applicant. School pedestrian access to Saghalie Middle School will be
via sidewalks provided in conjunction with new roadways constructed within the project site.
The closest existing bus stop for Decatur Way High School is located at SW 19th Place at 20th
Place.
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development.
School impact fees, as authorized by City ordinancè are collected at the time of building pennit
issuance. School impact fees are detennined on the basis of the district's Capital Facilities Plan
and are subject to annual adjustment and update.
B.
Public Parks - The Saghalie Firs site is located within parks planning area C which includes two
neighborhood parks (Alderdale Park and Coronado Park) and one community park (Saghalie
Park). These parks provide recreational opportunities for residents in the area.
On-site parks and open space requirements are discussed in Section VI of this report.
C. Fire Protection '- The Certificate of Water Availability:fi-om the Lakehaven Utility District
indicates that water will be available to the site in sufficient quantity to satisfy fIfe flow
standards for the proposed devdopment. 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.
Staff Report to the Hearing Examiner
Preliminary Plat of Saghalie Firs
Page 8
04.1O3295.SU /DocID3I092
IX UTILITIES
A.
Sewage Disposal ~ The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A November 24,2003, Certificate of Sewer Availability
(Exhibit 20) 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 November 24, 2003,
Certificate of Water Availability (Exhibit 21) indicates Lakehaven's capacity to serve the
proposed development through a DEA.
C.
Drainage Facilities - Development of the site will create additional runoff from new impervious
surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the /998 King County Surface Water Design Manual (KCSWDM) and the
City's amendments to the manual. The applicant's November 12,2004 preliminary Technical
Infonnation Report (TIR), (Exhibit 9) by AHBL, was reviewed by the City's Public Works
Department.
The project site is located within the West Branch Hylebos Creek Basin sub-basin. The Final
TIR must detail how the project will meet the special requirements of the Hylebos Creek Basin
Plan.
The preliminary design proposes. to collect and convey water through a series of pipes and
catch basins into two storm drainage detention ponds and water quality treatment facilities
located at the northern limits ofthe site- The larger pond, Tract C, is located adjacent to
commercial property. The smaller pond, Tract D, is located at the northeast comer of the
site adjacent to vacant single-family residential zoned land- Another subdivision,
Lakehaven Estates, is currently proposed for this adjaéent site and is undergoing review
by City staff.
Level I flow control and Resource Stream Protection Menu water quality treatment is required
for this site per the /998 King County Suiface Water Design Manual and the City of Federal
Way Addendum to the manual. The applicant has proposed two wetponds, one to serve the
majority of thè site located in Tract C and a smaller wetpond to serve roadway runoff, located in
Tract D. As proposed, this design meets Levell flow control standards and the Resource Stream
Protection Menu.
An additional on-site storage capacity of 1.11 acres must be provided to alleviate downstream
flooding per the 1996 Comprehensive Surface Water Facility Plan. The proposed on-site
detention ponds provide capacity for this additional 1.11 acres storage.
The proposed flow control and water quality facilities, are adequate to serve the proposed
development. Final review and approval ofthe storm drainage facilities as shown on the
engineering plan will occur in conjunction with full drainage review.
Staff Report to the Hearing Examiner
Preliminary Plat of Saghalie Firs
Page 9
04-1O3295~SUI Doc lD3J092
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 20-126(c). the
Hearing Examiner may recommend approväl of the proposed preliminary plat only if the following
decisional criteria are met. Decisional criteria and staff responses are provided below.
1.
The project is consistent with the comprehensive plan.
'Staff Comment: The application is subject to the'adopted 2003 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.
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 of the Federal Way Fire
Department. Future development of the plat and associated 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 putposes identified in FWCC
Section 20-2, and the standards and regulations therein, as identified in the staff report,
including effective use ofland, 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-
178 through 187-
Staff Report to the Hearing Examiner
Preliminary Plat of Saghalie Firs
Page 10
04-JO3295-SU I Doc ID 3 1092
Staff Comment: As proposed, the plat is general1yconsistent with the development standards
listed in Sections 20-151 through 157 and 20-178 through 187: The proposed plat is not
consistent With the FWCC requirements in regard to retention of vegetation on the site (FWCC
20-179). While the applicant proposes to retain some areas of mature vegetation including some
significant trees, these areas are limited in size. The proposed area to be graded is larger than the
portions of the site that are to be improved by infi-astructure and/or have unique site
characteristics. The modification to the proposed grading limits recommended by City staff
would comply with the provisions of this section.
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 9.57 acres of vacant land into 34 single-family lots.
2. Pursuant to City's September 18, 2004 Notice of Complete Application, the plat is subject to
codes and policies in place on September 18, 2004, including the 2003 Federal Way
. Comprehensive Plan (FWCP).
3.
The subject property is designated Single-Family High-Density in the 2003 FWCP.
4.
Zoning for the site is RS-7.2 (minimum lot size 7,200 square feet). The proposed residential
subdivision and density is consistent with applicable zoning and subdivision regulations.
5.
An Environmental Mitigated Determination ofNonsignificance(MDNS) was issued for this
proposed action on February 5,2005. There were no appeals of the MDNS..
6.
As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family rësidence. Preliminary building setback lines (BSBL) are identified on the
preliminary plat map. .
7.
No open space is proposed on site. Pursuant to FWCC Section 20-155, the applicant has
proposed fee-in-lieu of on-site open space fee. The fee-in,.lieu of on-site open space shall be paid
at the time of final plat approval.
8.
An August 17, 2004 geotechnical engineering study, states that site soils are moisture sensitive
due to their high fIDes content, and once disturbed in a wet condition, they will be unsuitable for
support of fòundations, slabs, or pavements. The study recommends that a summer earthwork
schedule be observed due to these soil conditions.
9.
The northern half of the subject property is forested and includes associated underbrush. The
southern half of the site consists of grassy areas with a few trees. Significant tree retention and/or
replacement shall be provided in accordance with FWCC Section 20-179 and 22-1568. Trees
that may be left on individual lots following the plat infrastructure construction may be removed
during individual home construction and subject to retention and replacement standards of
FWCC Section 22-1568.
Staff Report to the Hearing Examiner
Preliminary Plat of Saghalie Firs
Page II
04~103295-SU / Poc JD31092
In a November 12, 2004 letter (Exhibit 13) to the City, the applicant has requested approval to
clear and grade the entire site at the time of construction of the plat infrastructure. The applicant
identified unusual site conditions, that City staff concurred with, that support some expansion of
the clearing and grading limits from the areas associated with infrastructure and utility
improvements. Allowing for the clearing and grading of these additional areas, particularly
within the northern portion of the site, will alleviate on-site and off-site flooding conditions that
would result from maintaining existing topography on these portions of the site.
However, the applicant's proposal for clearing and grading the majority of the site is not compliant
with FWCC Section 20-179, which states:
"All natural vegetation shallhe retained on the site to be subdivided except that which will
be removed for improvements or grading approvedin the preliminary subdivision or short
subdivision. "
"Existing mature vegetation ~hall be retained to the maximum extent possible. "
Areas where grading should be pennitted are identified on a modified clear and grade alternative
plan (Exhibit 16). The areas recommended for clearing and grading are the areas for right-of
ways and utilities, and areas where topography would hinder the functioning of the on-site
stonnwater detention facilities. Areas not recommended' for clearing and grading are those areas
where nrinimalgrade change is proposed on the preliminary grading plan, and the resultant
grading is generally a convenience for site development.
10. The pròposed clearing and grading of the majority of the site would result in the removal of all
but eight significant trees at the site. The proposed significant tree retention/replacement plan
does generally comply with FWCC Section 20-179 and 20-186. Provisions must be included for
retention and/or replacement of significant trees at the site, in accordance with applicable FWCC
requirements. Ifreplacement significant trees are necessary to meet FWCC requirements, the
significant tree replacement trees shall be located in perimeter planter strips Tracts A, B, and/or
C.
11. Prior to proceeding with plat construction, a fmallandscape plan, prepared by a licensed
landscape architect, shall 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.
Non-residential land use buffer landscaping in Tracts A, B, and C per FWCC Section 22-
1566;
B.
Street trees in right-of-way landscape planter strips per Public Works Department
Stanruuds; ,
C.
Landscaping ofthe Tract C and D wetponds shan be in accordance with Public Works
standards. If cyclone fencing is used around the stonn drainage ponds, the fencing shall be
coated black or green.
Staff Report to the Hearing Examiner
Preliminary Plat ofSaghalie Firs
Page 12
04-1 03295.$U I Doc 1031092
12. Development of the site will create additional runoff ftom new impervious surfaces such as
streets, driveways, and rooftops. Stonn drainage facilities are being designed in accordance with
the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary
stonn drainage TIR by AHBL, as revised November 12, 2004, was reviewed and accepted by
the City's Public Works Department.
Levell flow control and Resource Stream Protection Menu water quality treatment is
required for this site per the J 998 King County Suiface Water Design Manual and the
City of Federal Way Addendum to the manual. The preliminary design proposes to collect
and convey water through a series of pipes and catch basins into two storm drainage
detention ponds and water qualîty treatment facilities located at the northern lìmits of the
site.
The proposed flow control and water quality facilities are adequate to seIVe the proposed
development. Final review and approval of the stonn drainage facilities as shown on the
engineering plan will occur in conjunction with full drainage review.
13. An August 2004, Traffic hopact Analysis (TIA) by Transportation Engineering Northwest was
submitted for the project. Public access will be provided by an extension of 19th Avenue SW
along the eastern boundary of the site, which will connect the site with SW 336th Street to the
north. In addition, SW 341 Sl Street will be constructed through the site, connecting the site with
21 SI Avenue SW to the west.
The City's Traffic Engineer has reviewed the project and concluded that the proposed street
layout ofthe Saghalie Firs subdivision is consistent with the adopted codes and comprehensive
plan in place at the time of the complete application.
14. 19th Avenue SWand SW 341S'Street along the project frontages shall be improved to Local
Access Standard coITesponding to a Cross-Section "S." The required street improvements will
include 36 feet of pavement (curb to curb), vertical curb and gutter, four.foot planter strip with
street trees, five-foot sidewalk, streetlights, and a tl1fee-foot utility strip all within a 60-foot right-
of-way. Along the southern portion of 19th Avenue SW and western portion of SW 341 Sl Streets,
where two-thirds street improvements are allowed, the paved street shall be 28 feet minimum.
SW 341s' Street shall be improved to full width at the 21st Avenue SW with 35-foot radii.
15. Internal plat streets (cul..<fe-sac streets «Road A" and "Road B") shall be improved to Local
Access Standard coaesponding to a Cross-Section "W." The required street improvements will
include 28 feetofpavement with vertical curb and gutter, four-foot planter strips with street
trees, five-foot sidewalks, and three-foot utility strips with streetlights. AU this shall be built
within a 52-foot wide dedicated ¡jght-of-way.
16. The applicant provided a September 8, 2004, school access analysis. The school access analysis
has been reviewed by the Federal Way School District. New frontage and internal plat sidewalks
will provide a safe pedestrian route of travel for school children that walk to Saghalie Middle
School. Transportation to Olympic Elementary School and Decatur High School is via bus
transportation- Federal Way Public Schools has requested the developer construct traffic calming
devices in the vicinity of Saghalie Middle School. Traffic calming is a SEP A mitigating
condition of the MONS.
StaffRepoTt to the Hearing Examiner
Preliminary Plat of Saghalie Firs
. - Page 13
04-1O3295-SU /00< ID31092
17. 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 necessazy water
and sewer services from the utility provider.
18. The proposed preliminary plat is pennitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning'"
19. 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.
20. Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded, per City code requirements.
xu RECOMMENDATION
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services reconunends approval of the preliminary plat
subject to the following conditions:
1.
Final plat approval shall require full compliance with drainage provisions set forth in the FWCC.
Final review of the storm drainage engineering plans will occur in conjunction with full
engineering review-
2.
Due to the existing site soil conditions, a seasonal clearing restriction from October 1 to April 30
shall be required. '
3.
Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and
approximately 17 of the proposed lots) shall be generally consistent with the clearing limits
depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit 16). The
clearing limits identified on the plan sheet referenced above are the approximate clearing limits
necessary for road, utility, pond, and necessary lot grading due to topographic conditions that
would provide for the functioning of the proposed on-site storm drainage wetponds and alleviate
large areas of on-site flooding. The clearing and grading limits on the approved plan may be
modified with the approval of the Conununity Development and Public Works Departments
during final engineering plan review as required to reflect changes in road and utility designs, if
any.
XIll LIST OF EXHIBITS
1. Cover Sheet, revised March 16,2005 (sheet 1); Boundary and Topographic Survey, revised
November 12,2004 (Sheet 2); Preliminary plat map, revised November 12, 2004 (sheet 3);
Preliminary Grading and Drainage Site Plan, revised November 12,2004 (sheet 4); Preliminary
Water and Sewer, revised November 12,2004 (sheet 5); and Preliminary Landscape Plan by
Lane and Associates (Sheets L-1, L-2, and L-3) revised November 12, 2004
. 2. Master Land Use application for Saghalie Firs Preliminary Plat application
Staff Report to the Hearing Examiner
Preliminary Plat ofSaghalie Firs
Page 14
04-1 03295-SU / Doc ID 31092
3 ~ Notice of Application maIling list for property owners within 300 feet of the proposed plat,
September 17,2004 .
4. SEP A MDNS notice mailing list for property owners within 300 feet of the proposed plat,
February 4, 2005
5. SErA MONS, February 5,2005 (with Staff Evaluatîon)
6. SEP A Checklist for Saghalie Firs, August 17, 2004
7. SErA comment letters (2)
8. Staff response to SErA comment letters (2)
9. Preliminary Technical Infonnation Report (TIR), revised November 12, 2004
10. Altman Oliver Associates letter re: Wetland Reconnaissance, November 7, 2003
11. Altman Oliver Associates, letter re: Wildlife Habitat Assessment, November 7, 2003 .
12. City of Federal Way letter to AHBL re: roadway modification request, November 9,2004
13. AHBL letter to the City re: request for mass grading, November 12, 2004
14. Effects of Grading for Roadway and Pond Construction, site plan, February 3, 2005
IS. Proposed Clear and Grade Alternative, site plan, February 3,2005
16. Staff Recommended Proposed Clear and Grade Alternative
17. Traffic hnpact Analysis, by Transportation Engineering Northwest, August 2004 I
18. School Access Analysis, by AHBL, September 8, 2004
19. Federal Way Public Schools comment letter, January13, 2005
20. Certificate of Sewer Availability by Lakehaven Utility District, November 24,2003
21. Certificate of Water Availability by Lakehaven Utility District, November 24, 2003
Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been
provided to the Hearing Examiner.
TRANSMIITED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent - AHBL
Applicant
Staff Report to the Hearing Examíner
PrcJinùnary Plat ofSaghalie Firs
Page 15
04-103295-80/ Doc ID "092
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PREUMltfARY PLAT
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August 18,1004
Mr. Cat}' Roe
Public Works Director
CÎt}, of Fed(:¡;al Way
PO Box 9718 ,
Federal Way, WA 98063w9718
Project:
Subject:
,
Saghalie Firs, Part II, OUt Job No. 203102.31
Roadway Modification Request (or Sagþalie Fus Preliminary Plat
File #O3-1Q4776-000-O0.pç
Dear Carr;
The applic;mt for the Saghalîe Firs Preliminary Pla.'!: is hereby requesting a Modification from
the Federal Way Zoning Code, Chapter 22, Article xVI rebted to improvements for new
development. Section 22-1477 states dut the pubþc \vorks director may modify, defer, Or
waive requkements for roadway hnprovemeiHs on¡1y after consideration of a written request.
TIlls Modification Request proposes a modiftCatioh to, the consttUccion of
2/3 improvements fpr SW 341" as outlined in the 'City's pre-application meeting letter, to
provide Emergency V ehiclè acèess at this location :until such time that the Cit}' resolves
l:XÍ$ti.ng alignment conflicts. A complete description ot the, reasons and special
cirC1.Jm$c:¡nces for chis request as well as a gn¡.phic that' illustrates the pto'pett'f and èX.Îsring
roadway ~nts is enclosed.' ','
Project, Location and Description
, ,
Applications for the Saghalie Firs Pre1imiruuy Pla.i ~oU~wing Process IV have been submítted
COncurrent with this Modification Request. Sághàlie Fírs is a proposed 34.1ot single-family
residential subdivision 00 9.57 acres Ut the City offed~tal Way~ '
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The Sagbalie Firs Preli,m.inary Plat is comp1:ised oftV¡o parcels locareci ea.st of 21 st A ventlt' SW
at SW 341st Street and south ofSW 336th Street ,at the current terminus of19rh A\-enue SW.
The address' is 34025 19th Avenöe SW and the King County tax parcel ntltnbeù are'
242103.9006 and 242103-9054. The tWO parcels are generally rec~~~~ in shape_~~a
'---66=foot"pañ1iandle"'-ilii"texceridSfrom.'diewest edge-'o'tcherectangu1a.t parcels, west to
21st Avenue SW. The property codle north of me panhandl~ is ()wil~ by the
Evergteèo Bible Chapel and the property tó the south of the panhandle is owned by
Washington State Department ofTEaI1s¡x;rration (WSDO1) for the Twin Lakes Park and Ride.
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Civil €ngin88f!1.
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Proposed access to rht: site will be via the extension:of 19'" .lh-enl,.l~ $W along the property's
east boundary. SW 341 il Street will be Constlllcted 1:0 e~œnd east-west from 19th Avenue SW t
21;( A venue SW within th~ proposed plat- . ! . J
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Basis for Modification
In the City's 2002 Comprehensi,'e Plan, the fut1)r~ extþnsion ofSW 341~( £xom
19¡h Avenue SW to 2l" Avenue SW is shown as a !Pla~ned Street Seccion Type S - two lanes
plus parking (single-family). However. the project is ~ot included in the City's 2004-2009
Transportation Improvement Plan. ¡ I
In the City's pre-applicacion meeting letter dated :Pec~,mber 1, 2003, conunems from the
Public Works Traffic Division stated that the appijcanf would be expécted to constrUct .
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SW 341 Street to Type S street cross-section stan~[ct$ from 19 Avenue SW to the west
edge of the rectangu.lar porcion of the property. F~oml that edge, the applicant is expected to
transition from. fuD width to 2/3 Street improvem~nts jlnd then transition back to full width
at 21" Avenue SW. The letter further stated that the r9adway should be aligned with the
existing stteet on the west. side of 21 ~( Avenue SW~ A ~opÿ of the letter is pco,'ided.
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View oj SW 34~ Street (left) from bkS tJl171-in
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This Modification Request proposes a modificacion to ilie improvements required of SW
341-;1 requested in the City's pre-application meeting letter until such time that the City
resoh.-es existing alignment conflicts. The applicant proposes entering into a No-Protest
Waiver Agreement with the Cirr for the full consrmccion of SW 341" Strtet at a future date. I
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~ft. Cary Roe
_-\ugust 18, 2004
Page 3
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At this time, we see three options for irnproveme~ts tþ SW 341" Street in coojunction with
the de\Velopmeot of Saghalie firs: ; , ¡ ,
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(1) As outlined in the City's pre-application letcér~ cÓOSttt,.lct SW 341st Streer to align with
SW 342nd Street. In chis scenario, right~of.war would need to be acquired by the City
from WSDOT. The WSDOT property has þeen developed by WSDOT for the Park
and Ride, howe".ert and may not be available Or acceptable to WSDOT for dedication.
furthermore, the applicant does not own the prçpúty necessary to align the
intétSecÚons ofSW 341st Street and SW 342nd Street and negotíarions with'WSDOT
have been unsuccessful In addition, the separaboo along 21'" Avenue SW of the
proposed intersection oESW 341st / SW 342nd ~nd the existing bus turn intO the Park
and Ride lot would be apptoXÍ1'n9.tely I1S', w¡hich is less {haa the intersection spaeirtg
requirements as required pee Federal Way City COde. Please refer to Ollr attached
exhibit. . ¡ i
Construct SW 34101 Street within the existing panhandle location. This ah:ernatìve is
problemaJ:ic in that the panhâ1\dle is approxima.tdy 90 feet, centerline to centerline,
from the existing alignment of SW 342"J Street. Coastnlction of SW 341~' at the
existing location would not meet the City's Public Works Development Stal1c{ard
3.2.1O.B.5 which states that offset intersections shall be avoidd. Ie would also conflict
with the City's minimum intetSection spacin~ stapdards-
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Construct SW 341st as proposed in this Mo~fidtion Request. Under this scen:u:io, th
roadway would be <:onstroeted to full width throogh the developed portion of the
property- The roadway would be cransitioned to:Emergency Vehicle Access along the
length of the panhandle:. This Modification Request proposes a temporary solution
chat provides secondary access for Saghalie F'i.ts to meet EVA requirern.entS while
issues related to the proper alignment are resplveä by the City at a future date.
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(2)
(3)
Response to Code
Federàl Way City Code 22-1477 states that the public works director may modify, defer, or
waive the requirements fór: roadway Ímprovement$ after consideration of a writren request.
This Modification requests the !e:duction in the requir~d roadway improvemeats for the
extensiOn of SW 341~ to 21>1 Avenue SW, The code rJquíces that the following items are
addressed by the modification request:
(1)
The improvement as required would not bt: hatmonious with existing street
improvements, would not function properly Of safely Ot would not be
ad¥antagGous-tG the-neighborJ;tood or city as a whole. . m
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Imptovement option (1) stated above would not!be ~armonious or safe beca.U$~ eJcistit:1g
str~et improvements prevent the alignment from! me~ting Cit}. int~rsection' spacing
requirements and would create an unsafe conilici bed.veen the proposed intersection and th
bus entry to the Park & Ride lot to the south. Furth~rmore, the applicant does not own the
property necessary to align the Ïrttersections ofSW 3f1" Su-eet and SW 34200 Street and
negotiations with WSDOT ha,,'e been unsuccessful. ¡
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Improvement optiOJ1 (2) would not be humonio~s of safe because ex.isting screet
improvements prevent this alignment from meetipg CXitr intersection offset and spacing
requirements. Having intersections doset than t~e City minimums would cause driver
confusion and Cteate an unsafe condition. ¡ I
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The proposed improvement would limit access a~ sW¡ 341st Street to Emergency Vehicles,
pro\fiding a temporary solution to existing ali~ent and safety issues.
(2)
Unusual topographic or physical conditions:preclude the COl1$tNction oCme
irnpJ:ovcmentS as required. i ¡ ,
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The existing physical conditions preclude the constnlction of the improvements as required.
These conditions relate to the existing development df propert}' surroundiAg the area
precluding safe roadway alignment thac meets City code.
(3) Proper vertical or hod%ontal alignments ba~ot be detecm..ined because the
existing streetS do not have cortect alignjeits.
As stated previoll$ly. this request is based on the fact that the horizontal alignrn~nt of the
existing "panhandle" is not aligned with the inte~eccibn of SW 342"11 and construction of a.
new City road at this loeanoa would cause an I.1l1s~fe 1ondirion.
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(4) The requ.ire4 improvement is part of a lafge~ project that has been scheduled for¡
~onstmction in the city's adopted sèç-year transponation improvement program I
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The ~xcension of SW 341 ~C Street is not included i.ft th~ city"s six-year TIP.
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In conclusion. the Applicant has proposed a proj¿ct Jith a roadway layout chat addresses th
requirements for access and plans for the future consUucrion of SW 341 'I Street (0 meet the
intent of the City's Comprehensive Plan. Granting of the Modification is necessary fol: this
development [0 proceed while the City resolves the alignment issues for th.Îs roadway. The
requested Modification is based on sound engineering judgment and requirements for: safety,
---fuQctioJ)" and ~intainability-are-JuUy :met.
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.Mr. CaI)' Roe
..\ugUSI 18.2004
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Our project team is availablé to answer any quescifns}hat may arise:. Pleø.$e feel free to
contact me at (425) 869-1300 with any questions ?r rt;quests for additional information.
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Matt Webec, P.E.
Ptoject Manager
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~eb. Barker~ Deparaneot of Community pbhniP.~ & Development
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Craig Sears, Taylor Development
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Lisa Kleirt, AHBL
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FILE
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Federal Way
MEMORANDUM
Community Development Services
Department
DATE:
April 18, 2005
TO:
City of Federal Way Hearing Examiner
Janet Shull, AICP, Contract Plannetf ~
FROM:
SUBJECT:
SAGHALIE FIRS PRELIMINARY PLAT (04-103295-00-SU)
Further Review of Proposed Clear and Grade Limits
Community Development Services Department and Public Works Department staff has had the
opportunity to review additional infonnation provided by the applicant (attached Exhibit 1) submitted
electronically on April 6, 2005. The exhibit iiIustrates the potential for on-site ponding that would result
with the clear and grade limits as recommended by staff in the Report to the Hearing Examiner dated
March 18, 2005 (Exhibit 16).
Upon further review of the potential ponding effects of the staff-proposed clearing and grading limits, staff
maintains that the clear and grade limits should remain as recommended in the Hearing Examiner report
dated March 18,2005, Condition Number 3.
This decision to maintain the original recommendation is based on the following:
1.
Based on the applicant's analysis (attached exhibit), limits ofponding can be anticipated to be greater
in the vicinity of lots 21-24 under the staff recommendation. However, the ponding in the vicinity of
Tract A related to the off-site stonnwater flow is eliminated. Therefore, the overall potential ponding
area for the southern half of the subject site, as a result of the staff recommendation, is roughly
equivalent to the potential ponding resulting from clearing and grading for the on-site improvements
only (Exhibit 14 of Staff Report to Hearing Examiner);
2.
The potential ponding in the vicinity of lots 21-24 under the staff recommendation will not threaten
life, safety, or improvements.
3.
There has been no detailed infonnation provided by the applicant as to the frequency or duration of
the potential ponding.
4.
The City's engineering consultant, (Weston Oft, Perreet Engineering) reviewed the applicant's TIR
{Exhibit 9 of the Report to the Hearing Examiner) with regard to site soil conditions. According to the
applicant's TIR, runoff from non-polluting surfaces is expected to be infiltrated (Section 4.2 -
Developed Site Hydrology). This would seem to indicate that the soils on site will accommodate
infiltration. The wetland biologist reviewing the site did not indicate any areas with standing water,
which also is an indication that the present configuration of the site allows for drainage- It appears
that there is four to five feet of soils that should support sQme degree of infiltration on top of dense
glacial till in the area where water may pond. No groundwater seepage was noted during the time the
borings were taken, which further supports the idea that surface water in this area would be able to
infiltrate.
5.
The ponding would be the result of on-site flow originating primarily ITom the lots that are not being
cleared and graded for infrastructure development (lots 19-31). Retention of existing vegetation on
lots 19-31 would facilitate infiltration of stonnwater and lessen the extent and duration of on-site
ponding represented on the attached Exhibit 1.
6.
Off-site stonnwater flow is addressed in the staff rec.ommepdation, which allows for clearing and
grading of Tract A along the western property line. This off-site flow is the primary contributor to the
existing ponding on site and apparently was resolved by the staff recommended clear and grade
limits.
7.
Staff is supportive of a modification to the clear and grade limits in the vicinity of Tract A, if it is
determined to be necessary to ensure off-site flow is captured and conveyed to the stonn detention
facilities (for example, construction of a berm just east of Tract A). Any such modification of the staff
recommended clear and grade limits is supported by Condition #3 of the Hearing Examiner Report
dated March 18,2005.
Attachment: Exhibit I, Effects ofStatrProposed Clear and Grade Alternative
04-103295
Doc_J.D- JIJI7
FILE
QTTOF.,4
Fed e'ra I Way
MEMORANDUM
Public Works Department
DATE:
April 19,2005
TO:
City of Federal Way Hearing Examiner
~
FROM:
Ken Miller, Deputy Director Public Works
SUBJECT:
SAGHALIE FIRS PRELIMINARY PLAT (04-103295-00'-SU)
Additional Infonnation regarding SW 341 st Street
The purpose of this memorandum is to provide additional infonnation regarding City staff s denial
, (November 9,2004) of the applicant's request for a roadway modification to SW 34lst Street to provide for
emergency vehicle access only.
The report to the Hearing Examiner, dated March 18,2005, contained a copy of the City's denial letter
(Exhibit 12, November 9,2004). The following is additional infonnation in support of the denial of the
applicant's roadway modification request:
1.
SW 341 st Street is depicted in the Comprehensive Plan (Map ID-5) to connect from 19th Avenue SW
to 21st Avenue SW. A11yrevision would require Council approval.
2.
The /fplicant's proposal to construct SW 341 st Street for emergency vehicle access only would result
in 19 Avenue SW being the only vehicular access to tbe proposed 34 lots as well as several existing
single-family residences located east of the proposed plat. The proposed plat and the existing single
family will generate in excess of340 daily trips. Furthermore, 19th Avenue SW would be a dead end
roadway tenninating at the southern property line of the subject site. This would result in more than
25 lots being accessed by 19th Avenue SW. Per the development standards for local street (FWCC
Section 22-1528), a single-family development of25 lots would generate approximately 250 average
daily traffic. To provide a safe and efficient traffic circulation, a second access should be provided for
any single-family development that generates more than 250 average daily traffic.
3.
Subdivi$ion should be designed so that traffic is distributed in a logical manner toward a còllector
street system, to avoid intrusion or overburdening of residential streets, and to connect with planned
or existing streets (FWCC Section 20-151). The proposed plat would meet this requirement with SW
34lst Street connecting to 21st Avenue SW.
4.
Per FWCC Section 22-151 (c), No Street or combination of streets shall function as a cul-de-sac
longer than 600 feet. Without access through to 21 st Avenue SW, 19th Avenue South and SW 341 st
Street would essentially be a cul-de-sac of 1000+ feet in length,
5.
Per FWCC Section 22-151 (d), Blockperimeters should be no longer than 1,320 feet for
nonmotorized access, and 2,640 feet for streets. IfSW 341 st Street does not connect to 21 st Avenue
SW, the block perimeter requirements of FWCC Section 20-15 I (d) for vehicular access are exceeded.
04103295
Doc. J.D. 31328
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6.
SW 341 st Street is a panhandle access for the subject property and is culTently used as an access
easement for the existing single-family residences located east of the proposed plat.
7.
The previous development that was referred to in the applicant's testimony on April 5, 2005, was a
different use than the proposed single-family subdivision (multi-family senior housing). In addition,
that project had a condition whereby a second access to SW 344 th Street was to be provided.
8.
To reduce cut-through traffic, the Federal Way Public Schools (FWPS) is satisfied with the traffic
calming measures that have been applied to this project as a SEP A condition. In addition, in the
second letter submitted by FWPS (Exhibit 19 to the Hearing Examiner Report), FWPS states that the
construction of SW 341 st Street may serve to alleviate difficulties with bus access to Saghalie Middle
School by providing an alternate access route from 21 st Avenue SW to the school site. In regard to the
possible cut-through traffic, staff does not agree with the applicant's traffic engineer assumption of
3,000 plus vehicles daily using 19th Avenue SW as a result ofSW 34pt Street connection to 21st
Avenue SW. 8th Avenue SW between SW 356th Street and SW Campus Drive has an average daily
traffic of 1,139. 19th Avenue SW, which is the same roadway classification (minor collector) as 8th
Avenue SW would be expected to have similar traffic volume when fully extended to SW 344th
Street. Please see attached traffic count data.
Basedon the above information, City staff maintains that the applicant's request to construct SW 341st
Street for emergency vehicle access only should be denied.
04103295
00<:.1.0.31328
Saghalie Firs
Preliminary Plat
Effects of Staff Proposed
Clear and Grade Alternative
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Unique Site Conditions:
Upstream/Off-site Drainage must be
controlled to correct a drainage problem
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limits of clearing
and grading
significant trees to
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Fill necessary to
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possible area to be
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home construction
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PAlIK AND RIlE PONDS
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grading necessa-ry for;'/'
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT
OF SAGHALIE FIRS, FEDERAL WAY FILE NO. 04-103295-00-SU.
WHEREAS, owner Kevin O'Brien applied to the City of Federal Way for preliminary plat approval to
subdivide certain real property known as Saghalie Firs and consisting of 9.57 acres into thirty-four (34)
single-family residential lots at SW 34pt Street located east of2pt Avenue SW; and
WHEREAS, on February 5, 2005, an Environmental Mitigated Detennination 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, the Federal Way Land Use Hearing Examiner on April 5, 2005, held a public hearing
concerning the Saghalie Firs preliminary plat; and
WHEREAS, following the conclusion of said hearing, on April 27, 2005, the Federal Way land Use
Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of the Saghalie Firs preliminary plat subject to conditions set forth therein; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section20-127 of
the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, on May 16,2005, the City Council land Useffransportation Committee considered the
record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, pursuantto Chapter
20 of the 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 Saghalie Firs preliminary plat to the full City
Council, with no changes to the Hearing Examiner recommendation; and
WHEREAS, on June 7, 2005, the City Council considered the record and the Hearing Examiner
recommendation on the Saghalie Firs preliminary plat, pursuant to Chapter 20 of the 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 April 27, 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.
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 inunediately
above, the Saghalie Firs Preliminary Plat Federal Way 04-103295-00-SU, is hereby approved subject to
conditions as contained in the April 27, 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 ofthe 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 Hearing
Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional
Res. #
, Page 2
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 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, 1HIS _DAY OF
,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATIEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED As To FORM:
CITY ATIORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BvTHE CITY COUNCIL:
RESOLUTION No.:
Res. #
, Page 3
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE 8T AFF REPORT
DATE:
TO:
May 16, 2005
VIA:
FROM:
SUBJECT:
David Mo y, anager
patricia A. Ri rdson, City Attorney fl¥-
Proposed Interloca1 Agreement Between Federal Way and King County Relating to
Records Transfer, Public Works, Surface Water Management, Jail and Police Services
in Annexation Areas
Policy Question
Should the City Council approve an lnterlocal Agreement with King County to delineate the shifting of
responsibilities for North Lake, Redondo East and Parkway Annexation Areas from King County to the
City of Federal Way?
Background
On December 21,2004 the City Council voted to approve the Annexation of North Lake, Redondo East
and Parkway Areas from King County and the Annexation was effective January 1, 2005. The City and
King County agreed to continue negotiations about the transfer of responsibilities for the Annexation
Areas after the effective date.
On February 1, 2005, the City Council voted to approve an Interlocal Agreement with King County for
permitting in the Annexation Areas, but issues related to Records Transfer, Public Works, Surface Water
Management, Collection of City Drainage Fees, Jail Services, and Police Services in the Annexation
Areas remained unresolved.
After extensive discussion and negotiation, the City Staff and King County have developed an lnterlocal
Agreement to address these issues. Representatives from Public Works and Surface Water Management
have met with King County to iron out operational issues not addressed in the proposed lnterlocal
Agreement. The attached draft represents a working compromise that addresses the transfer of
responsibilities for the Annexation Areas.
lnterlocal AQJ'eement
Term. 5 years.
Records Transfer. The County shall transfer to the City all design and engineering drawings, as
built drawings, improvements to and facilities of the right of ways, and maintenance records
related to Roads and Surface Water Management in the Annexation Areas. The County shall also
provide such other specific records as the City may request in writing from the County.
Surface Water Management. The County shaH transfer to the City, and the City agrees to
assume ownership and fun and complete responsibility for the operation, maintenance, repairs,
1
and any subsequent improvements to the drainage facilities. The City agrees to accept the
Drainage Facilities and Drainage Facility Property Interests in AS IS condition.
Collection of Drainage Fees. The parties agree that in accordance with the terms of the
agreement executed by the Parties in 1992 and amended in 1997, the County on behalf of the City
shall bill for and collect the City's surface water management fee within all areas of the city
limits, including the Annexation Areas,
Jail Services. All misdemeanor crimes that occur in the annexation areas prior to the date of
annexation will be considered crimes within the jurisdiction of King County for the purposes of
determining financial responsibility for Jail Services. An misdemeanor crimes that occur in the
annexation areas on or after the date of annexation will be considered crimes within the
jurisdiction of the City of Federal Way for the purposes of determining financial responsibility for
Jail Services.
Police Services. On the etfective date of the annexation, police service responsibility within the
annexation areas transferred to the City. Criminal cases and investigations pending in the County
prior to the effective date ofthe annexation remain the responsibility ofthe County. The parties
have agreed to implement the police transition plan attached to the Agreement as Exhibit D.
Options
1. Forward the proposed Interlocal Agreement to the fun City Council on June 7, 2005 with a
recommendation of approval.
2. Modify the proposed lnterlocal Agreement and forward to the fùll City Council on June 7, 2005 with a
recommendation of approval as modified.
3. Reject the proposed lnterlocal Agreement and return to staff with recommendations.
Staff recommendation
Forward the proposed Interlocal Agreement to the fun City Council on June 7, 2005 with a
recommendation of approval. (Option I)
Committee recommendation
Forward Option 1 to the full City Council for approval at the June 7, 2005 City Council meeting.
,.
K:\AGNDITEM\FW Annex lLA 2.2005 - LUTc.doc
2
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND
KING COUNTY FOR THE TRANSFER OF RECORDS, PUBLIC WORKS,
SURFACE WATER MANAGEMENT, COLLECTION OF DRAINAGE FEES,
JAIL AND POLICE SERVICES REGARDING THE ANNEXATIONS OF THE
NORTH LAKE, REDONDO EAST, AND PARKWAY ANNEXATION AREAS
THIS AGREEMENT is made and entered into this - day of ,2005. The
parties ("Parties") to this Agreement are the City of Federal Way, a State of Washington
municipal corporation ("City") and King County, a political subdivision of the State of
Washington ("County").
WHEREAS, the North Lake, Redondo East, and Parkway annexation areas ("Annexation
Areas") became effective on January 1, 2005, pursuant to City ordinances 04-479, 04-
480, and 04-481; and
WHEREAS, as of the date of legal annexation of the areas, January 1, 2005, pursuant to
state law, the City owns, and has the responsibility for the operation, safety and
maintenance of all fanner County roads, bridges and rights-of-way located within the
City limits together with all appurtenances located within such rights-of-way, including
but not limited to, drainage facilities, environmental mitigation sites and monitoring
projects, street lights, traffic signals and traffic signs; and
WHEREAS, the City and the County want to facilitate an orderly transition of services
associated with the Annexation Areas; and
WHEREAS, the City and the County desire to mutually detennine the appropriate timing
for the transfer of public records; and
WHEREAS, the City and the County want to ensure a smooth transfer of ownership and
maintenance of existing surface water facilities and have the County collect surface water
management fees for the Annexation Areas on behalf of the City in accordance with the
terms of an existing agreement between the Parties; and
WHEREAS, the County sheriff department and city police department have heretofore
agreed upon a transition plan relating to policing services for the Annexation Areas; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter
into this Agreement as authorized or provided for by the Growth Management Act,
codified at Chapter 36.70A RCW, the Interlocal Cooperation Act, codified at Chapter
39.34 RCW, and other Washington law, as amended;
NOW THEREFORE, in consideration of the mutual tenns, provisions and obligations
contained herein, it is agreed by and between the City and the County as follows:
1. TERM. This Agreement shall be deemed to take effect retroactively as of January 1,
2005, following the approval of the Agreement by the official action of the governing
bodies of each of the Parties and the signing of the Agreement by the duly authorized
1
representative of each of the Parties, and shall continue in force for a period of five
years.
2. RECORDS TRANSFER. The County shall transfer to the City all design and
engineering drawings, as built drawings, improvements to and facilities of the right of
ways, and maintenance records related to Roads and Surface Water Management in
the Annexation Areas. The County shall also provide such other specific records as
the City may request in writing from the County. The County shall make its best
effort to provide the records within 30 days of the execution of this Agreement or
with respect to records other than those specified in the first sentence of this section,
within 30 days of written request from the City. If records have been archived, the
County wiU notify the City that an additional 15 days may be required to retrieve the
records. The County may elect to provide original records or copies of records. The
County shan not be required to create records or compilations that have not already
been created or to provide records that cannot be located after a diligent search.
3. SURFACE WATER MANAGEMENT.
a. Transfer of Drainage Facilities and Drainage Facility Property Interests.
1. The County hereby transfers to the City, and the City hereby agrees to
assume ownership and full and complete responsibility for the operation,
maintenance, repairs, and any subsequent improvements to the drainage
facilities ("Drainage Facilities") identified in Exhibit A attached hereto
and incorporated herein by reference. The Parties both acknowledge that
upon January 1,2005, the effective date ofannexation, the City undertook
operation and maintenance of the facilities identified in Exhibit A, in
anticipation of the execution of this Agreement.
11. The County agrees that as soon as reasonably possible after the parties
have executed this Agreement it will convey by quit claim deed in
substantially the fonn in Exhibit B attached hereto and incorporated by
reference, to the City, and the City agrees to accept, the drainage facility
property interests ("Drainage Facility Property Interests") identified in
Exhibit C, attached hereto and incorporate herein by reference, subject to
aU rights, conditions, covenants, obligations, limitations and reservations
of record for such property interests. The City agrees to abide by and
enforce all rights, conditions, covenants, obligations, limitations and
reservations for the Drainage Facility Property Interests.
b. Condition of and Responsibility for Operations, Maintenance, Repairs, and
fmprovements of Drainage Facilities and Drainage Facility Property Interests.
i. The City agrees to accept the Drainage Facilities and Drainage Facility
Property Interests in AS IS condition, and to assume fun and complete
responsibility for aU operations, maintenance, repairs, and improvements
of the Drainage Facilities and Drainage Facility Property Interests.
2
11.
King County does not make and specifically disclaims any warranties,
express or implied, including any warranty of merchantability or fitness
for a particular purpose, with respect to the Drainage Facilities and
Drainage Facility Property Interests, and no official, employee,
representative or agent of King County is authorized otherwise.
c. Environmental Liability related to the Drainage Facilities and Drainage
Facility Property Interests.
i. "Hazardous Materials" as used herein shall mean any hazardous, dangerous
or toxic wastes, materials, or substances as defined in state or federal
statutes or regulations as currently adopted or hereafter amended.
ii. Nothing in this agreement shall be deemed to waive any statutory claim
for contribution that the City might have against the County under federal
or state environmental statutes that arises from hazardous materials
deposited or released on the Drainage Facilities or Drainage Facility
Property Interests by the County during the County's period of ownership.
The City may not, however, assert such a claim to the extent that the City
creates the need for or exacerbates the cost of remediation upon which a
statutory claim for contribution is based as a result of the City perfonning
construction activities on, changing the configuration of, or changing the
use ofthe Drainage Facilities or Drainage Facility Property Interests.
iii. If the City discovers the presence of hazardous materials at levels that
could give rise to a statutory claim for contribution against the County it
shall immediately notify the County in writing. The parties shall make
their best efforts to reach agreement as to which party is responsible for
remediation under the tenus of this Agreement prior to undertaking any
remediation.
iv. In no event shaH the County be responsible for any costs of remediation
that exceed the amount necessary to satisfy the state or federal agency
with jurisdiction over the remediation.
d. Indemnification related to Drainage Facilities and Drainage Facility PropeT1Y
Interests.
1.
King County shall indemnify and hold hanDless the City and its elected
officials, officers, agents or employees, or any of them, from and against
any and all claims, actions, suits, liability, loss, costs, expenses and
damages of any nature whatsoever, arising from those occurrences related
to the Drainage Facilities and Drainage Facility Property Interests that
occurred prior to January 1, 2005, except to the extent that indemnifying
or holding the City harmless would be limited by Section 3( c) of this
3
Agreement. In the event that any suit based upon such a claim, action,
loss or damage is brought against the City or the City and King County,
King County shall defend the same at its sole cost and expense and, if
final judgment be rendered against the City and its elected officials,
officers, agents and employees or jointly against the City and King County
and their respective elected officials, officers, agents and employees, King
County shall satisfy the same.
ii. The City shall indemnify and hold hannless King County and its elected
officials, officers, agents and employees, or any of them, from and against
any and all claims, actions, suits, liability, loss, costs, expenses and
damages of any nature whatsoever, arising from those occurrences related
to the Drainage Facilities and Drainage Facility Property Interests that
occur on or after January 1, 2005, except to the extent that indemnifying
or holding the County harmless would be limited by Section 3(c) of this
Agreement. In the event that any sui t based upon such a claim, action,
loss or damage is brought against King County or King County and the
City, the City shall defend the same at its sole cost and expense and, if
final judgment be rendered against King County and its officers, agents
and employees or jointly against King County and the City and their
respective officers, agents and employees, the City shall satisfy the same.
iii. Each Party to this Agreement for a period of three years following transfer
shall immediately notify the other of any and all claims, actions, losses or
damages that arise or are brought against that Party relating to or
pertaining to the Drainage Facilities and Drainage Facility Property
Interests.
IV.
Each Party agrees that its obligations under this paragraph extend to any
claim, demand, and/or cause of action brought by or on behalf of any
employees, or agents. For this purpose, each Party, by mutual negotiation,
hereby waives, with respect to the other party only, any immunity that
would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW, but only to the extent necessary to
indemnify the other party.
v. The provisions of this Section 3 shall survive the expiration or teTIl1ination
of this Agreement.
4. COLLECTION OF CITY DRAINAGE FEES. The parties agree that in accordance
with the tenus of that certain agreement executed by the Parties in 1992 and amended
in 1997 (the "drainage fees collection agreement"), the County on behalf of the City
shall bill for and collect the City's surface water management fee within all areas of
the city limits, including the Annexation Areas, and said drainage fees collection
agreement shall be deemed amended as necessary to accomplish this, until such
agreement may be otherwise modified or tenninated.
4
5. JAIL SERVICES. All misdemeanor crimes that occur in the annexation areas prior
to the date of annexation will be considered crimes within the jurisdiction of King
County for the purposes of determining financial responsibility under the Interlocal
Agreement for Jail Services. All misdemeanor crimes that occur in the annexation
areas on or after the date of annexation will be considered crimes within the
jurisdiction ofthe City of Federal Way for the purposes of determining financial
responsibility under the Interlocal Agreement for Jail Services
6. POLICE SERVICES. On the effective date of the annexation, police service
responsibility within the annexation areas transferred to the City. Criminal cases and
investigations pending in the County prior to the effective date of the annexation
remain the responsibility of the County. The parties have heretofore agreed to
implement the police transition plan attached hereto at Exhibit D. In addition to the
provisions of that transition plan, the parties further agree as follows:
a. Sharing of community infonnation: The County agrees to provide lists that the
County may have regarding the annexation areas to the City upon request. These
lists may include, but are not limited to: members of block watch programs,
community groups, and/or homeowner's associations.
b. Annexation of Emergency Response (911) Services: The City and County agree
to coordinate emergency response services to preserve the safety of those in the
annexation areas.
c. Records Retention Policy. The parties acknowledge that state law authorizes the
retention, destruction and archiving of police records on a basis other than
provided for general public records. Nothing in this agreement shall require
either party to alter their policies with respect to police records so long as such
policies are consistent with state law.
7. ADMTNISTRA TION AND CONTACT PERSONS. The Parties stipulate that the
following persons shall be the administrators of this Agreement and shall be the
contact person for their respective jurisdiction.
City of Federal Way: King County:
City Manager
City of Federal Way
33325 8th A venue South
P.O. Box 9718
Federal Way, W A 98003-9718
Deputy County Executive
King County Courthouse
Suite 4000
516 Third Avenue
Seattle, W A 98104
8. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance with
federal, state, or local laws and regulations. Specifically, in meeting the
commitments encompassed in this Agreement, all parties will comply with the
5
requirements of the Open Meetings Act, Public Records Act, Growth Management
Act, State Environmental Policy Act, and Annexation Statutes. The Parties retain the
ultimate authority for land use and development decisions within their respective
jurisdictions as provided herein. By executing this Agreement, the Parties do not
purport to abrogate the decision-making responsibility vested in them by law.
9. INDEMNIFICATION. The following indemnification provisions shall apply to the
entirety of this Agreement except for Section 3 concerning Drainage Facilities and
Drainage Facility Property Interests, which Section shall be controlled exclusively by
the provisions therein.
a. The County shall indemnify and hold hannless the City and its officers, agents
and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason or arising
out of any negligent action or omission of the County, its officers, agents, and
employees, or any of them, in performing obligations pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss, or damage is
brought against the City, the County shall defend the same at its sole cost and
expense, provided that the City retains the right to participate in said suit if any
principal or governmental or public law is involved, and if final judgment be
rendered against the City and its officers, agents, and employees, or any of them,
or jointly against the City and County and their respective officers, agents, and
employees, or any of them, the County shall satisfy the same.
b. The City shall indemnify and hold hannless the County and its officers, agents
and employees or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason or arising
out of any negligent action or omission of the City, its officers, agents, and
employees, or any of them, in performing obligations pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss, or damage is
brought against the county, the City shall defend the same at its sole cost and
expense, provided that the County retains the right to participate in said suit if any
principal of governmental or public law is involved; and if final judgment be
rendered against the County and its officers, agents, employees, or any of them, or
jointly against the City and County and their respective officers, agents, and
employees or any of them, the City shall satisfy the same.
c. The City and the County acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from the
concurrent negligence of the City, its agents, employees, and/or officers and the
County, its agents, employees, and/or officers, this section shall be valid and
enforceable only to the extent of the negligence of each party, its agents,
employees and/or officers.
6
d. The provisions of this Indemnification Section shall survive the expiration or
tennination of this Agreement with respect to any event occurring prior to such
expiration or tennination.
10. GENERAL PROVISIONS.
a. Entire Agreement. This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
b. Filing. A copy of this Agreement shall be filed with the Federal Way City Clerk
and recorded with the King County Auditor.
c. Records. Until December 31, 2011, any of either party's records related to any
matters covered by this Intergovernmental Agreement not otherwise privileged
shall be subject to inspection, review, and/or audit by either party at the
requesting party's sole expense. Except as otherwise provided in Section 6( c),
such records shall be made available for inspection during regular business hours
within a reasonable time of the request.
d. Amendments. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
e. Severability. If one or more of the clauses of this Agreement is found to be
unenforceable, illegal, or contrary to public policy, the Agreement will remain in
full force and effect except for the clauses that are unenforceable, illegal, or
contrary to public policy.
f. Assignment. Neither the City nor the County shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent ofthe other Party.
g. Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors in interest, heirs, and assigns.
h. Dispute Resolution. The Parties should attempt if appropriate use a fonnal
dispute resolution process such as mediation, through an agreed upon mediator
and process, if agreement cannot be reached regarding interpretation or
implementation of any provision of this Agreement. All costs for mediation
services would be divided equally between the Parties. Each jurisdiction would
be responsible for the costs of their own legal representation.
1.
Attorneys' fees. In the event either of the Parties defaults on the perfonnance of
any tenus of this Agreement or either Party places the enforcement of this
7
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all
its own attorneys' fees, costs and expenses.
J. No waiver. Failure of either the County or the City to declare any breach or
default immediately upon the occurrence thereof, or delay in taking any action in
connection with, shall not waive such breach or default.
k. Applicable Law. Washington law shall govern the interpretation of this
Agreement. King County shall be the venue of any arbitration or lawsuit arising
out of this Agreement.
1. Authority. Each individual executing this Agreement on behalf of the City and
the County represents and warrants that such individuals are duly authorized to
execute and deliver the Agreement on behalf of the City or the County.
m. Notices. Any notices required to be given by the Parties shall be delivered at the
addresses set forth above in Section 9. Any notices may be delivered personally
to the addressee of the notice or may be deposited in the United States mail,
postage prepaid, to the addresses set forth above in Section 9. Any notice so
posted in the United States mail shall be deemed received three (3) days after the
date of mailing.
n. Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor.
o. Equal Opportunity to Draft. The Parties have participated and had an equal
opportunity to participate in the drafting of this Agreement. No ambiguity shall be
construed against any party upon a claim that that party drafted the ambiguous
language.
p. Third Party Beneficiaries. This agreement is made and entered into for the sole
protection and benefit of the parties hereto. No other person or entity shall have
any right of action or interest in this Agreement based on any provision set forth
herein.
IN WITNESS THEREOF, the Parties have executed this Agreement.
CITY OF FEDERAL WAY:
KING COUNTY:
David H. Moseley, City Manager
Date:
Date:
ATTEST:
ATTEST:
N. Christine Green, CMC, City Clerk
8
DATED:
Approved as to Fonn:
Patricia A. Richardson, City Attorney
K:\Intcrlocal\FW Annex ILA FINAL
DATED:
Approved as to Fonn:
9
King
County
facili Ifile #
091820
091821
091822
092368
092480
092625
Exhibit A
Drainage Facilities Transferred to City
Facility Name
Address
Facility Elements
Dedicated
Tract?
Regency Woods Oiv. 1 pond 1 37200 19th Way S. Wetland, pond, ditCh, Y - Tract E
ve etated ditch,
37694 18th PI. S. Pond Y - Tract H
37546 21st Ave. S. Pond Y - Tract I
1405 S. 282nd PI. Wet ond, ond Y - Tract A
36800 19th Ave. S. Pond N
3712317th Ave. S. Pond Y - Tract C
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Exhibit B
Form of Quit Claim Deed
AFTER RECORDING RETURN TO:
City of Federal Way
QUIT CLAIM DEED
GRANTOR - KING COUNTY
GRANTEE - CITY OF Federal Way
LEGAL - .
TAX NO. - N/A
The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of
Washington, for and in consideration of mutual benefits, receipt of which is hereby
acknowledged, conveys and quit claims unto the Grantee, the CITY OF FEDERAL WAY,
a municipal corporation of the State of Washington, those certain real property interests,
as legally described in ExhibitA, attached hereto and made a part of this Deed:
Dated this
day of
,2005.
KING COUNTY, WASHINGTON
BY
TITLE
II
STATE OF WASHINGTON
)
)SS
)
COUNTY OF KING
I certify that signed this instrument, on oath
stated that he was authorized by the King County Executive to execute the instrument,
and acknowledged it as the of
King County, Washington to be the free and voluntary act of said County for the uses
and purposes mentioned in the instrument.
Dated
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires
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Exhibit C
Drainage Facility Property Interests Transferred to the City
Tract A, App1ewood, as recorded in Volume 142 of Plats, pages 56-59, records of King
County, Washington. (Tax Acc't No. 025130-0340)
Tract E, F, H, I, Regency Woods Division #1, as recorded in Volume 154 of Plats, pages
81-97, records of King County, Washington. (Tax Acc't. No. 721265-2240, 721265-
2250,721265-2270,721265-2280)
Tract C, Regency Woods Division #2, as recorded in Volume 156 of Plats, pages 16~20,
records of King County, Washington. (Tax Acc't. No. 721266-1090)
Easement over Tract T for temporary stonn drainage facilities, Regency Woods Division
#1, as recorded in Volume 154 of Plats, pages 81-97, records of King County,
Washington
All drainage easements dedicated to King County or the public in the following recorded
plats:
Redondo East -
Plat name:
Recording Number:
Parkway -
Plat Name:
Recording Number:
Plat Name:
Recording Number:
Northlake -
Plat Name:
Recording Number:
Plat Name:
Recording Number:
Plat Name:
Recording Number:
Plat Name:
Applewood
198802160998
Regency Woods Div 1
199401111218
Regency Woods Div 2
199104230427
Equitys Uplands Diy. No.2
196604126013442
Hcatherwood Lane
20040309001515
North1ake Ridge Div 1
20040121001558
Northlake Ridge Div 2
13
Recording Number:
Plat Name:
Recording Number:
Plat Name:
Recording Number:
Plat Name:
Recording Number:
Plat Name:
Recording Number:
20041207000341
Goldmaur
196811266439614
Northlake Shore1ands
Unrecorded
North Lake Village Addition
Unrecorded
Richards North1ake Acres
Unrecorded
The following declarations of covenant:
Declaration of Covenant filed under recording number 9605290589 over Lot "B" of short
plat no. 976004 as recorded under auditors file no. 7612090656; being a portion of the
north 166.00 it. ofthe Southwest quarter of the Northwest quarter of sec. 33, twp. 22 N.,
rge. 4E, W.M., in King County, Washington, lying between the Seattle-Tacoma Highline
Co. Road (16th Ave. So.) and State Road No.1 (Pacific Hwy. So.,) except the South
60.00 it. ofthe West 100 ft. thereof.
Declaration of Covenant filed under recording number 19991015000763 over lots 1, 2, 3
and Tract X of King County Short Plat No. 978056 according to the Short Plat filed
under King County Recording No. 7907060921.
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Exhibit D
Federal Way Police Services Transition Plan
The City of Federal Way will annex the areas of North Lake, Parkway and Redondo East
effective January 1, 2005. Police-related transition considerations are described in this document.
,-~--------- ----------- --_.------ --" -. ------_u - -- --_.----------------- ---~----------------_._------------- - -- ----
Official Effective Date: Midnight, December 31, 2004
Desired outcomes
1. The King County Sheriff's Office and City of Federal Way share a goal to work together to
ensure that the transition is conducted in a professional manner, and that there are no
breaks in service for the residents of the annexation areas.
Roles and responsibilities
1. The KCSO Contracts Unit is responsible for:
a. Facilitating the transition process.
b. Ensuring that all transition elements are addressed and completed.
c. Working with Precinct Three to address operational components of change.
d. Working with non-precinct KCSO units to ensure smooth transition.
e. Serving as primary contact for city of Federal Way.
2. The KCSO Precinct Three is responsible for:
a. Ensuring the operations are smoothly transitioned, including crime information as
requested by Federal Way.
3. The City of Federal Way, including its police department, is responsible for:
a. Ensuring that the police department is able to provide service in to the
annexation areas beginning at 12:01 a.m. on January 1,2005.
b. Determining the information needed from the KCSO regarding crime, detective
cases, or other law enforcement activities.
c. Requesting the information identified above in a timely manner.
Workload
1 . Records
a. The KCSO will retain all original records for events happening before effective
annexation date. We will provide copies of the records upon written request from
the Federal Way Police Department, following KCSO protocols.
2. Fingerprinting and Concealed Weapons Permits
a. Federal Way residents can continue to receive these services at KCSO locations,
or may go to the Federal Way Police for these services.
3. Sex offender tracking, contacts, and notifications
a. Federal Way will become responsible for holding community meetings for any
sex offenders living in the annexation areas, with the exception of already-
scheduled meetings. Further, they will be responsible for all legally mandated
contacts. The KCSO retains responsibility for sex offender registration.
4. Investigations
a. KCSO detectives will continue to handle all investigations that are active at the
date of annexation, unless otherwise negotiated with the city. At Federal Way's
request, we will arrange for an information exchange with city detectives in order
to pass on information regarding any cases that they will investigate.
15
Emergency 9-1-1 Services (Communication & Dispatch)
1. Federal Way Police will be responsible for ensuring that their communications and
dispatch services are prepared to take annexation area calls beginning at 12:01 a.m. on
January 1, 2005. This includes arranging for such 9-1-1 calls to be directed to the proper
communications center.
2. The KCSO will be responsible for discontinuing communication and dispatch service to
the annexation areas at midnight on December 31, 2004. They will assist Federal Way's
communications service in making the switch, with Federal Way having primary
responsibility.
Notification to affected units
1. The KCSO Contracts Unit will notify all KCSO units of the annexations, and will work with
them to resolve any concerns.
16
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
May 16, 2005
Land Use and Tr
David H. ,ger
Cary M. Roe, P.E., ublic Works Director (!4~
Lloyd Enterprises, Inc. Request for Amending the Designated Truck Route Ordinance
POLICY QUESTION:
Should FWCC 15-183 Designated Vehicle Routes be amended to include additional Streets?
BACKGROUND:
Federal Way City Code Section 15-183, designates truck routes (vehicles rated in excess of 30,000 pounds gross
weight) only on streets with Principal Arterial classification. This truck route designation was established in 1991, via
Ordinance 91-103 and was amended in 2000, Ordinance 00-365.
A letter from Lloyed Enterprises, Inc. dated February 22,2005 (see attached letter) was addressed to Council Member
Jack Dovey and copied to all Council members. The letter requests that S 373rd /S 376m Street corridor between Milton
Road and Pacific Highway South be designated as a truck route.
On April 4, 2005, Staff presented Lloyd's request to the Land Use and Transportation Committee (a copy of the April
4, 2005 memo is attached). The Committee forwarded a recommendation to the full City Council to direct staff to
request from Lloyd Enterprises, Inc. the necessary funds to conduct the Hylebos Creek bridge capacity and Roadway
pavement section evaluation. In addition, Staff was directed to research when and why King County placed the weight
restriction on these roadway segments. When the analyses and research with King County are complete, staff was
directed to return to LUTC for further action and direction. The City Council approved the committee recommendation
on April 19, 2005.
Staff contacted lloyd's and received commitments for payment of the actual cost of the above requested analysis. Staff
contracted with King County Bridge Division to conduct the Bridge Load Rating analysis and WSDOT Testing lab to
conduct the Pavement Section evaluation both analysis are complete (copy of both reports are attached to this
memo). The bridge load rating analysis indicates that the Hylebos Creek bridge has the capability to support Lloyd
truck traffic. On the other hand, the Pavement Section evaluation report indicates that the existing roadway section will
not support the Lloyd's truck traffic. The report indicates the proposed truck traffic will reduce the design life of the
existing pavement from 15 years to 4 or 5 years. The report also recommends that if the city were to allow truck traffic
on the proposed truck route an overlay of 2" over the entire route is recommended.
Staff also contacted King County Maintenance Division to inquire about the timing and basis for placing weight
restrictions on these roadway segments. As of the date of writing this memo, King County Staff were still working on
reviewing their records and files in an effort to provide the infonnation as requested.
OPTIONS:
1. Inquire and confirm whether or not Lloyd's is willing to fund the 2" asphalt overlay of the proposed truck
route as recommended in the roadway pavement analysis before proceeding with any further steps or analysis.
2.
Continue to move forward with the suggested steps outlined in the April 4th, 2005 LUTC memo which include
analysis of potential intersection improvements for the following locations:
a. S 373rd St. and Pacific Hwy S. traffic signal warrant analysis
b. 8th Ave. S., 373rd St., and S. 376th St. intersection sight distance e and turning radius analysis
c. Milton Road and S 376th St intersection sight distance
3.
Conduct neighborhood meeting to identify and address any potential public concerns with the proposal
4.
Not approve the request for the proposed truck route request
STAFF RECOMMENDATION:
As this is a policy issue, staff is not making a recommendation, but rather seeks direction on how the committee would
like to proceed.
COMMITTEE RECOMMENDATION:
Forward the Committee recommendation to the June 7, 2005 City Council Consent Agenda
,Å\',~R~V^i;,¡OF C()~~~t~~ RÉŸfIR~t;~.. ","§i~ ~,~'~!I}~i - -t.: .,i 1";;',:", ~\#
-c, _.,'~.:'~;- "",}:?~;i",~,,.;.r:'~j:~~.:j'{}C:;it ;..~~;: ;:,~i~~/¡~¡
.",.""jj¡..Jack Dove~" Cb8Ir'll,h";"!",,,,t! ,; ""r','¿:/'" ':.,......' Mich8:ç~.rJGI~~e~r ..".ih~'t 'F, "'ilì'.I!;r"~ "'alS~~~Mçmh~tt ,.,.''" ,:,:.;
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CITY OF FEDERAL WAY
MEMORANDUM
DA TE:
TO:
VIA:
FROM:
SUBJECT:
April 4, 2005
Land Use and Transportation Committee
t Manager
Carr M. Roc, P. -" Public Works Director {J/JvV!....
Lloyd Emerprises, Inc. Request/or Amending the Designated Truck Route OrdiltaJ ce_~.~--
POLICY QUESTION:
Should FWCC 15-183 Designated Vehicle Routes be amended to include additional Streets?
BACKGROUND:
Federal Way City Code Section 15-183, designates truck routes (vehicles rated in excess of 30,000 pounds gross
weight) only on streets with Principal Arterial classification. This truck route designation was established in 1991. via
Ordinance 91-103 and waS amended in 2000, Ordinance 00-365.
A letter from Lloyed Enterprises, Inc. dated February 22, 2005 (see attached letter) was addressed to Council Member
Jack Dovey and copied to all Council members. The letter requests that S 373rd /S 376th Street corridor between Milton
Road and Pacific Highway South be designated as a truck route. .
At the Februl}ry 28, 2005 Land Use and Transportation Committee meetin~, the Committee requested staff to present
Lloyd Enterprises, Inc. Letter requesting the designation of S 373rd /S 37611 Street corridor between Milton Road and
Pacific Highway as a truck route for committee direction.
To assist the committee in evaluating Lloyds Enterprises, Inc. request, staff suggests the committee consider the
following issues in making their decision. on amending the designated Truck Route ordinance:
1. Hylebos creek bridge capacity. The existing Hylebos creek bridge capacity is unknown and should be
determined before this request is approved. The cost of the bridge capacity evaluation is estimated at $2,500.
2. Roadway pavement section evaluation. The roadway pavement section for every street within the corridor
should be evaluated for the additional loading and the short and the long-term impacts to the roadways. The
cost for this evaluation is estimated at $J,700.
3. Analysis of potential intersection improvements for the following locations:
.
S 37}rd Street and Pacific Highway South Traffic Signal Warralit Analysis
8th Avenue South and S 373rd street intersection sight distance
Milton Road and S 3761h Street intersection sight distance
.
.
Estimated cost for this analysis is $6,000.
4. Possible neighbors/public opposition to this proposal. Staff suggests that a neighborhood meeting be held to
identify and address any potential public concems with this proposal.
OPTIONS:
I. Direct staff to request from Lloyd Enterprises, Inc. the necessary funds to conduct the above listed analysis So
the City can comprehensively evaluate their request and identify any required improvements.
2.
Direct staff to spend City funds to conduct the above listed analysis so the City can comprehensively evaluate
their request and identify any required improvements. No City funds are currently budgeted to perfom1 the
analysis.
3.
Not approve Lloyd Enterprises, Inc request for designating S373rd/S376th Street couidor between Milton
Road and Pacific Highway South as a tmck route.
4.
Direct staff to evaluate any other option or alternative that the committee deems appropriate.
STAFF RECOMMENDATiON:
As this is a policy issue, staff is not making a recommendation, but rather seeks direction on how the committee would
like to proceed.
COMMITTEE RECOMMENDATION:
Forward the Committee recommendation to the April 19, 2005 City Council Consent Agenda
Fill Dirt, Gravel
Crushed Rock. Top Soil
Lloyd Enterprises, Inc.
P.O. Box 3889, Federal Way, WA-98063-3889
FAX: 253-838-0103
PHONE: 253-874-6692/ 253-927-0416 '
LLOYD I . 238 OB
DUÃ~~~f1,)I~;
FEB 2 3 2005
FEOERALWAY PUBUCWORKf:J
ADMINISTRATION DIVISION
COpy
February 22, 2005
Mr. Jack Dovey, Council Member
City of Federal Way
Chair, Land Use and Transportation Committee
33530 Is' Way South
Federal Way, WA. 98063~9718
RE: 375Ih/376
Dear Council Member Dovey:
I am writing to request that you review the possibility of re~opening 3751h/3761h street to ~ruck traffic. If,
upon your review, you find that the action may be feasible, I would ask that you take thIs request to the
Land Use and Transportation Committee for further review and approval.
Lloyd Enterprises used this access to highway 99 for a number of years. In approximately 1992, for no
apparent reason, weight restrictions were placed on the road and we were no longer able to access 99 to
go south out of our pit. When our company requested reconsideration from the City administration, we
were denied. We were advised at the time, from people behind the scenes, that the action was strictly
political. We learned, over the years, that this was in fact the case.
Lloyd Enterprises is at a complete disadvantage when it comes to bidding jobs south of Federal Way,
due to the added truck times that we must figure into our bids. We have lost as many as 200 jobs, since
the ban was put into place, due to the non~competitive position we are in. In the Fife industrial park as
example, which is approximately 10 minutes from our facility, we have virtually been eliminated due to
non competitive pricing. From the top of our pit to the same point on highway 99 it takes one of our
trucks twenty (20) to thirty (30) minutes to commute through the Costco, Lowes, 3481h (Triangle
Quadrant) and back down 99. During the summer when Six Flags is open these times are even more.
. When the construction begins on the Opus project, one can only guess what additional delays will be
encountered. One of our trucks equals four (4) to five (5) vehicles parked in the same spot. These
trucks are added to the traffic snarl each and every day in the Triangle Quadrant.
As far as adding more truck trips on Federal Way roads is concerned, it will be six of one and a half
dozen of the other. Using our existing business we would add no trips, only fe-distribute them.
However; we would be able to improve our efficiency and be able to possibly add two (2) to three (3)
additional trips per day per truck, depending on the job site location. What would that do for the City
of Federal Way? It would allow us to be able to pick up more jobs during the year adding to our
revenue and increase the taxes paid to the City.
What is the down side? Very few, but what there are can easily be addressed. There is a corner that a
laurel hedge has grown to approximately IS feet that needs to be cut down to improve the sight distance.
This should be done no matter what. All vehicles must pull out into the intersection in order to see if
traffic is approaching. Local traffic going through this intersection, which include trucks (local
deliveries) and school busses are at risk. The Hylebos creek passes through the valley and experiences
some flooding due to the low height of a small bridge. The bridge is a very substantial bridge but due to
the small opening under it flooding will occur during high rain levels. Within the next year or two the
Hylebos is going to b~ rerouted and a new higher bridge is to be installed which will eliminate the
February 22, 2005
RE: 375th/376
(co!1t.) flooding problem. One corner, the same one as the laurel hedge is at, has a sharp turn. One
might think that trucks would have a hard time maneuvering around it. We, as stated earlier, used this
route for years and had absolutely no problems with the corner. Trucks are much more maneuverable
today than they were even five (5) years ago. This is not a problem. Local delivery trucks, including
ours, do it daily. What is the integrity ófthe infrastructure, road base, on 375th and 376'h? Actually it is
better than that of Milton Road (5'1. Ave). It is a very good road and I don't see that adding the trucks
will affect this road in any way. How many trips per day would we using the road? Some days may be
as few as none. If our business takes us north, west or east we would continues using the existing route.
If we are going south, the possibility exists that thirty (30) to forty (40) trips would be using corridor.
What effect would opening the route back up have on the quality of life for the neighbors. The entire
route has limited residential frontage. Onl~ six or seven homes ingress/egress on to the corridor, yes it
would effect them slightly. The 376/375" road is also used to access the Spring Valley Montessori
school. The school sets back off and away ITom the route. The A.M and P.M traffic would have to be
considered by our drivers. While not a problem it is a little bit heavier because this is a complete car
pool school. No busing is utilized by the school. However, our trucks normally complete there runs
around 3 P.M. and we could miss a lot of this P.M. traffic.
A concern for Federal Way is the problem with the City of Milton. Why won't they let the trucks go
south on 51h Ave. This has been addressed as a condition in our master plan approval and we have an
agreement with the City of Milton and the City of Federal Way to improve 51h Ave when we hit a bench
mark in the build out of the business park. This should take place within the next seven (7) to eight (8)
years. When the improvements occur, trucks will be able to go south out of our facility. If we build out
the commercial and industrial earlier, the improvements will OCcur sooner. Currently, 51h Ave can
barely handle car traffic due to the degradation of the road,
If you require further information or clarification please do not hesitate to call and [ will respond
immediately.
If, after the Land Use and Transportation Committee agrees with the request, by copy of this letter to all
Council members and Cary Roe, Public Works Director I am formally requesting, that the full Council
repeal the weight limit and open up the corridor for truck use.
Thank you in advance for your time to consider this request.
Sincer~;...,._..::~--::::::> .
.//~......
/~:./ ¿;rzçF;¿::~¿~-
Robert D. Couper, øf6cer
C.C.: Mayor, Dean McColgan
Deputy Mayor, Linda Kochmar
Council Member, Michael Park
Council Member, Jim Ferrell
Council Member, Eric Faison
Council Member, Jeanne Burbidge
Public Works Director, Cary- Roe
~
@)
KIng County ,
Road Services DIvision
Department ofTranspDrtatJon
201 SouthJackson Street
Seattle, WA 98104.3856
May 9, 2005
AI Eroter
Street Systems Project Engineer
City of Federal Way
33325 - 8th Avenue South
P. O. Box 9718
Federal Way, WA 98063-9718
RE:
Load Rating Report (LFD) for City of Federal Way - Hylebos Creek Bridge No. 3005
Dear Mr. Emter:
Your service request regarding load rating for the above-referenced bridge has been completed.
The load rating and inspection reports are enclosed for your use. The inventory and operating
ratings for the HS-20 truck using the LFD method (National Bridge Inspection Rating) will
be entered into the Washington State Inventory of Bridges and Structures (WSBIS) coding fonn
and reported to the state as part of the bridge inspectionlupdate process.
National Bridge Inspection Standards (NBIS) require vehiclÙar bridges to be load rated based
on the known condition of the bridge. All bridges are :rated to the American Association of
State Highway and Transpü.rtation Officials (AASHTO) and Washington State Department of
Transportation (WSDOT) truck configuration standards. There are two levels that establiSh load
capacities upper and lower limits: the Inventory Rating and the Operating Rating. The Inventory
Rating is the load that a bridge can carry for an indefinite number of loading cycles without
detriment to the bridge. The Operating Rating is the maximum pennissible live load that can be
carried on an infrequent basis.
The rating analyses are based on current rating methods established by WSDOT and confonned
to cmrent AASHTO and WSDOT design standards. Additionally, load rating was perfonned for
HS-20 truck per the 1994 Manual for Condition Evaluation of Bridges as required by Federal
Highway Administration (FHWA) using the LFD method and can be found under the NBI Rating
in the summary sheet. WSDOT uses six trucks to check the capacity levels, but only three are .
required for posting; they are: Type 3, Type 382, and Type 3-3. Bridges are required to be posted
for load limits when the load rating factor for the Operating Rating for these three trucks are less
than 1.0. There is no need to post load linúts on this bridge based on our load rating results.
:!t
..'
AI Emter
May 9, 2005
Page 2
In addition to the standard rating trucks, Lloyd Enterprises, Inc_'s transfer trucks with trailers
(51 Tons GVW) and the tnlck and trailer set (45.75 Ton GVW) were rated They are all rated
above 1.0 and do not need to be load restricted. .
Thank you very much for the opportunity for us to provide this service to the City of Federal Way.
If you have any questions, please contact Jessy Jose at 206-296-8786 or myself at 206-296-8786-
Sincerely,
«
Stephen Jiang, P.E, S.E.
Bridge Engineer .
Bridge Inspection and Structural Design Unit
SJ:JNJ:mp
Enclosures
cc:
Richard A. Brater, Manager, Engineering Services Section
Jim Markus, Managing Engineer, Bridge Inspection and Structural Design Unit
Rey Sugui, Program Analyst, Roads Finance
",
.'
<8 King County
BRIDGE RATING SUMMARY
Bridge Name:
Bridge Number:
Span Types:
Brldg Length:
HyJebos Creek Bridge
3005A
Concrete Tub units -
15'~9H
Design Load:
T:
H5-15
100 -
Rating by;
Checked by:
. Pate:
Jessy Jose
Stept¡en Jiang
51612005
Rating Method:
LRFD -2-
Truck
HS~O - 1.00
HTO 1 (Type 3) 25 tons ...!.:1.2...
HTD 2 (Type 352) 36 tons -.!l!L
MSHTD 3 (Type 3-3) 40 tons ....!.:12..
01,. ~ 1 ....L1L
01,.-2 0.98
LLOYD transfer wI trailers(SIr) ~
, LLOYD truck and trailer (45T) ...11!.
~
WSD
RF
Tons
Year Built: 1950
1.65
1.65
1.65
1.65
1.30
1.30
1.65
1.65
NBrRating
ruck RF Tons
HS-20 (INV) 0.75 27.0 2.17
HS-20.(OPER) 1.25 45.0 1.30
-
Remarks: I
36.0
29.8
~
58.0
~
101.4
64.3
~
1.10
1.10
, 1.10
- 1.10
1.10
1.10
1.10
1.10
- Controllin Point
Shear
Shear
Shear
Shear
Shear
Shear
Shear
Shear
Controilin Point
Shear
Shear
-
rating sumrTjary template.
~
::7:: Washington State
"/I Department of Transportation
Memorandum
Date:
May 4, 2005
TO:
Al Emter
Street Systems Project Engineer
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718
Chris J. Jof'nfÆ / Pete Palmerson
MS29
FROM:
SUBJECT: City of Federal Way
South 373rd Street
RO 2207; Group 06; CS 1700 CT
Load RaUn!! and Pavement Recommendations
I!!!!.es 7 I z.. 1.. 10 ""
Introduction
Per your request, our Office has perfonned a load rating of a section of a proposed truck
haul route located in the city of Federal Way, Washington. Our analysis was limited to
the section of route from the west end of the South 375th Street Overcrossing (WSDOT
Bridge #5/501) to 8th Avenue South, 8th Avenue South from 375th Street South to 373rd
Street South and 373rd Street from 8th Avenue South to SR 99. For the purpose of this
project, postmiles are measured from 0.0 at the west end of the South 375th Street
Overcrossing to 0.60 at the intersection of SR 99 and South 373rd Street.
It is our understanding that King County will be evaluating the effect of the additional
loading on the bridge over Hylebos Creek on South 373rd Street that currently has a 5-ton
load restriction.
The analysis is based on a IS-year pavement design life, a directional ADT of 40 trucks,
the results of falling-weight deflectometer (FWD) testing and current pavement thickness
based on core samples taken at 13 locations. In addition, we have documented the
existing condition of the roadway with our pavement data distress identification van.
This van records the pavement profile (ride, faulting and rutting) and takes a video
record.
Traffic and Existing Pavement
There is currently no traffic data specifically for the haul route. We estimate the one-way
ADT to be 600 based on the ADT for South 37Sth Street at Milton Road South and the
turning movements at the intersection of SR 99 and South 373rd Street. The design
however is based on the proposed truck traffic from the pit.
The existing roadway(s) consist of 2 lane residential streets with little or no paved
shoulder. According to the city of Federal Way website, South 373rd Street and South
37Sth Street were overlayed with asphalt concrete in 200 I and 8th A venue South was
overlayed with in 1997. The existing pavement is in very good condition, with no visible
signs of distress. The results of the pavement coring are shown in Table 1.
DOT Form 7()()'008 EF
Revised 5199
Core
Postmile Section Thickness Lane
(ft)
0.05 South 375th Street 0.30 Westbound
0.09 South 375m Street 0.35 Westbound
0.10 81D Avenue South 0.32 Westbound
0.11 8tn Avenue South 0.30 Westbound
0.16 8m Avenue South 0.26 Westbound
0.17 South 373m Street 0.53 Westbound
0.24 South 37300 Street 0.40 Westbound
0.28 South 373m Street 0.48 Westbound
0.33 South 37300 Street 0.40 Westbound
0.38 South 37300 Street 0.43 Westbound
0.48 South 373m Street 0.33 Westbound
0.53 South 37300 Street 0.29 Westbound
0.58 South 373(0 Street 0.30 Westbound
Table 1
Recommendations
Based on the results of our analysis of the effect of the increased truck traffic, we
estimate the effective design life of the existing pavement to be 4 to 5 years. In order to
achieve a 15 year design life, we recommend that the haul route be improved as follows:
1. Grind transverse butt joints to a depth of 0.15' tapering to 0.00' in the length of
30' at the west end of Bridge #5/501 and at both ends of the Hylebos Creek
Bridge on South 373rd Street. King County should provide recommendations
regarding bridge paving.
2. Grind a transverse butt joint to a depth of 0.15' tapering to 0.00' in the length of
30' at the paving limits.
3. If necessary, crack seal those cracks greater than JA" in accordance with Section
5-04.3(5)C of the 2004 Standard Specifications for Road, Bridge, and
Municipal Construction.
4. Overlay the roadway, with 0.15' HMA Class '12", PG 64.22 or ACP Class A.
HMA Test Requirements
The 15-year calculated design ESALs of 0.5 million should be used for HMA test
requirements per Section 9-03.8(2) of the 2004 Standard Specifications.
If you have questions or require further infonnation, please contact Pete Palmerson at
(206) 768-5906.
CJJ :pjp
Serial File:
Job No:
RO-2207
05-084
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RECORDS CENŒ~
h,¡"l[Ç) "."7oft'; -
King County Executive
Randy Revelle
Department of Public Works
Donald J. LaBell.., Director
February 22, 1985
TO:
Paul C. Hooper. County Road Engineer
Donald J. laBelle, Director of PUbl~C~kS
louis J. Haff. Maintenance Engineer~~
South 373rd Street et a. - Breakup
_4.~~-""""",.... -
FM:
RE:
It was brought to my attention this week by neighborhood residents and Division
5 Acting Superviso~ Bob Napie~ that a major truck hauling operation was taking
place on several of our King County roads. Those roads are as follows:
South 375th Street (Milton Road to 8th Avenue South)
South 373rd Place (South 375th Street to South 373rd Street)
8th Avenue South (South' 375th Street to 'South 353rd Street)
South 373rd Street .(Highway 99 to South 372nd Way)
This hauling consists of large volumes of dump trucks with pony trailers which
are destroying the above roads. I have talked with Deputy Prosecuting -Attorney,
Mike Duggan, and he was of the opinion that we could load limit the road to
prevent further damage. I,have therefore talked with Dale Jonson in our Traffic
and Planning Section and he has taken action to limit the above roads to five (5)
tons. This action may require an ordinance from the Council. as soon as possible,
to validate its authority. -
The enclosed map indicates the area.
lJH:syl
Enc1o$u re
Road. and Engineering DI..I.lon 956 King Count~. Administration Buildin!, ,,00 Fourlh ^vonue 5eanle. W..hlnglon 9KI04 IZoo) 3~~.,~90
. ... ............ ..... ... .. .... . ,.,.. ......... ... ........ ......",..
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Lloyd Enterprises, Inc.
',I,':U- SOUTH 318d1 STREET AUBURN, WA 88002
, . '\ PHONE: 83.7886/827-0418
lJctI\IIod - Banded - Inlllrcd - Stoll WId, hrmit
. LLOYDI . 238 QS
AID: 07
Dump Trucks and Trailers
Loaders and Dolers
Fill Dirt, Gre",-...., ,
Crushed Rock, Top:So '
,-"
:;:.,1. t),
PL(!U~: '.'!~):':;(::;
March 4, 1985
King County Road Engineering
900 King County Admin. Bldg.
500 4th Ave.
Seattle, WA 98104
Attn: Paul Hooper
Dear Paul,
Dept.
This Ie t ter is in regards to ,our c.oncern abou t the
weight restric.tion on 373rd Street in South King County.
We have a gravel source in Milton whic.h has several
100,000 yards of material to remove. '
The majority of our contrac.ts from the Milton site
are to supply material in the Fife and Tacoma area. The
only way we c.an get to Tac.oma or Fife is to use 373rd
Street, unless we go c.lear back to Federal Way which is
about fifteen minutes a trip. This adds another 50~ a
ton to the pric.e which puts us out of the ball park for
bidding contracts competitively.
We have to remove at least 100,000 yards a year of
material 'or pay a large pønalty. So as you ,can see it
really puts a hardshipori us not being able to use the
street. Please let me know what I can expect in the
near future~ '
Sincerely,
~~
Arnold Ellingson
AE:ld
1r'f.;~;;'~';'7':"~':~"îr~~"<,'::,,:::.:':~":':',i."""'m"""," "'""""", "'""""'M~. ~
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FBLÉ~ 3 ';3-$;;
King County EIecutl""
Randy Revelle
Department of Public Works
Donald J, laBelle, DireClo"
March 13, 1985
Mr. Arnold Ellingson
Lloyd Enterprises, Inc.
5800 South 3l6th Street
Auburn, WA 98002
RE:
Weight Restrictions On South 373rd Street, et al
~",~""^'"",""
Dear Mr. Ellington:
Thank you for your March 4, 1985 letter regarding concerns
with weight restrictions recently placed on several King County
roads which are affecting your business operations.
As you know, on February 22, 1985, King County placed load
restrictions On portions of South 373rd Street, Eighth Avenue
South, and South 373rd Place when it became obvious that the
light bituminous surfaces of those roads were disintegrating
as a result of the large volume of trucks hauling from your
operation at that time. On March 11,1985, the King County
Council formalized this action with passage of an ordinance.
Whether or not it will be possible to open these roads will
depend on solving two existing technical deficiencies. First,
as mentioned above, the roads are not structurally suitable for
heavy volumes of maximum weight loads. Secondly, the inter-
sections are dimensionally too tight to allow safe turning move-
ments of trucks. During the week of February 22, the trucks
were taking both traffic lanes and the opposite shoulder to
accomplish turning maneUVers. This is not acceptable from a
perspective of traffic safety.
King County has no plans to improve the above roads and has not
budgeted funds for that purpose. In addition to the above
technical problems, we now have the potential of an adverse
neighborhood opinion which may decide to oppose lifting of the
weight limits.
R""da and Engineering m..lalon 956 King County Admlnl$\rallon Building 500 fourth A\'tmue Se.onle. Washington 98]()4 120ti13'¡' ., ~9(1
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Mr. Arnold Ellingson
March 13, 1985
Page Two
I recommend that you and Mr. Lloyd arrange to meet with me and
the Roads Maintenance Engineer, at my office to discuss alterna-
tives available to you in this case. An appointment may be
scheduled by calling my secretary at 344-7490.
Thank you for writing.
Sincerely,
d5 ü t!/). l-~tli/
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PAUL C. HOOPER, P. E.
County Road Engineer
PCH/LJH:sy1
cc:
Louis Haff, Maintenance Engineer
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Tucci:&Sons Inc
Heavy Construction
4224 Willler Roaa
~. "Tacoma, Washington
98443
2Q6-9:n.6676
June 12, 1985
Department of Public Works
155 Monroe Avenue N.E.
Renton, Washington 98056
Attention:
Mr. John O. Grover
Field Engineer
Maintenance Section, Road Division
Re:
King County Subro Claim No. 117
Gentlemen:
Reference our letter dated May 3, 1985 and the onsite meeting
yesterday with representatives ,from King County.
Item Nos. 1-5 of our letter dated May 3, 1985 were discussed
and the damaged roadway surfaces were inspected. Tucci & Sons
has agreed to the following repairs Ae~ndiTlg upon KiTlg County
releaving Tucci &. Sons from any further responsibility ref~J:l"ed
to in King County's letter of April 3, 1985. ~
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South 373rd Place - Remove temporary patch and furnish
and apply tack coat and asphalt concrete overlay on
sagged Section as marked.
S.W. radius of intersection ilt South 373rd Place and
South 373rd Street - Éxcavate and grade damilged radius,
furnish and place asphalt concrete base course and
place asphalt concrete,base course and finish course.
(King County forces to extend culvert section or
furnish and place catch basin.)
~ South 373rd Street between South 372nd Way and 8th Avenue
South - Remove and replace damaged road surface on north
edge of rolld.
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June 12, 1985
Department of Public Works
Page 2 of 2
G
South 373rd Street and 8th Avenue South (S.W. Radius)
Remove and replace damaged road surface (King County
forces to extend culvprt section or furnish and place
catch basin.)
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Hylebos Creek Bridge east approach - Place asphalt
concrete patch. (King Countr forces to excavate and
bac.kfill. )
North edge of roadway on South 37Jrd Street between
Hylebos Creek and Pacific Highway South - Replace
damaged road surface (King County to remove existing
damaged area and prepare for asphalt concrete.)
R. L. Napier to coordinate scheduli,:,g,.,Qf. work by King county
forces with Pat Gailey for asphalt patching. Tucci & Sons will
complete all work by July 12, 1985.-
If yoo have any questions, please contact me at our Tacoma office.
Very truly yours,
TUCCI & SONS, INC.
~'¿'
. C. ~i~fi}7y
~ Ò. Vice-President
Acknowledged and accepted by:
KING COUNTY DEPARTMENT OF PUBLIC WORKS
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King County Executive
Randy Revelle
Department of Public Works
Donald J. LaBelle, Dirøclor
FILED C¡~t z ~~ 3
September 10, 1985
Mr. .C. Patrick Gailey
VicePresident
Tucci & Sons Incorporated
4224 Waller Road
Tacoma, WA 98443
RE: King County Subro Claim No. 117
Dear Mr. Gailey:
The repairs listed below to South 373rd Plate and South 373rd Street were
completed as of July 16, 198~. Jne work has been inspectea by Roads Division
Supervisor, c. R. Haulman, and found to be satisfactory.
1 ~.
South 373rd Place - Remove temporary patch and furnish and apply tack
coat and asphalt concrete overlay on sagged section as marked.
Southwest radius of intersection at South 373rd Place and South 373rd
Street - Excavate and grade damaged radius, furnish.and place asphalt
concrete base course and place asphalt concrete base course and finish
course. (King County forces to extend culvert section or furnish and
place catch basin.)
2.
3.
South 373rd Street between South 372nd Way and Eighth Avenue South-
Remove and replace damaged road surface on north edge of road.
South 373rd Street and Eighth Avenue South (Southwest Radius)- Remove
and replace damaged road surface (King County forces to extend culvert
section or furnish and place catch' basin.)
4.
5.
Hylebos Creek Bridge east approach - Place asphalt concrete patch.
(King County forces to excavate and backfill.)
North edge of roadway on South 373rd Street between Hylebos Creek and
Pacific Highway South - Replace damaged road surface (King County to
remove existing damaged area and prepare for asphalt concrete.)
6.
The completion of this work has no bearing on future responsibility for Tucci
& Sons.
Roads snd Engineering DIvision 956 King County Administration Building 500 fuurth Menu" s...ttl.. washingtOn 98104 12061344.7490
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September 10, 1985
Page Two
. If you have Questions regarding this matter, please feel free to call me
at 344-7490.
Thank you for your cooperation and prompt completion of the road repairs.
Sincerely,
lØ,~~;. ~
County Road Engineer
LJH:CRH:syl
CC: James Cleary, Acting Maintenance Engineer
ATTN: Bob Gaunt, Acting Superintendent
C. R. Haulman, Supervisor
John Grover, Field Engineer
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D.]a. SHAfFER COMPANY
PROPERTY DEVELOPMENT
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October 10, 1985
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Mr. Paul Hooper
County Road Engineer
Department of Public Works
956 King County Administration
Building
Seattle, Washington 98104
Dear Mr. Hooper:
Subject: Closure of South 373rd Street
Over the last few months we have resolved some issues concerning the scope
of ourexëavation activities and can now focus on other issues such as this
road closure. Your continuing cooperation is greatly appreciated.
~~~~
Project ~~:r7Iv-
for The Corridor Group
DS:cm
NORTHGATE EXECUTIVE CENTER. SUITE 403 155 NE 100TH. SEATTLE. WA 98125 (206) 524-5535
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King County E¡rec:utlve
Randy Revelle
Department of Public Works
Donald J. LaBelle, Director
f~LED 1t1-~(/-a~
October 22, 1985
Mr. Don Shaffer, Project Manager
The Corridor Group
Northgate Executive Center, Suite 403
155 Northeast 100th Street
Seattle, WA 98125
RE:
Closure of South 373rdStreet
Dear Mr. Shaffer:
Thank you for your October 10,1985 letter concerning the
closure of South 373rd Street.
Since our May meeting,Paul Hooper has retired and I have been
appointed as County Road Engineer. This does not, of course,
impact your concerns or King County's position on this matter.
In response to the points raised in your letter, I offer the
following:
. Haul Road Agreement: At the time this subject was discussed
it seemed to be a potential method of measuring impacts and
establishing mitigations. The agreement format, which has
only recently been finalized, is not applicable to ongoing
projects such as yours. Instead it is intended for use on
short term projects where hauling impacts are more easily
measured and projected.
In lieu of a haul road agreement, I believe it would be in
the best interest of your firm and King County to agree on
the nature and extent of improvements necessary to safely
allow hauling on South 373rd Street, and to identify in
such an agreement what shall be done by your firm to
accomplish said improvements. This can possibly be
accomplished simply by a letter form of agreement.
. Tucci and SOllS, Inc.: The invoice from King County to
Tucci and Sons, Inc., for estimated repair costs on South
373rd Street has been satisfied. Tucci and Sons, Inc.,
completed all repairs at their expense.
Road. and Enginee~ing Dlvl.ion 956 Kìn~ County Admini",..tion Bulldlnll 5011 Fool'lh A,"""" :;"o"h Washlnlllon "91"4 12()BI344.74~(
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October 22,1985
Page Two
. Design Sketch/Intersection of Sduth373rd StreSt and 8th
Avenue South: Mark Madden of our Roads Division staff has
prepared a rough sketch of this intersection. However, the
sketch itself is not sufficient to use as a design drawing.
I will have our Engineering Services Section survey, design
and draft a plan for the improvement of the intersection.
Said plan will identify the necessary extent of construction
and right of way needs. This plan will be completed by
December 31,1985.
King County appreciates your cooperation in this matter, and we
look forward to working with you to resolve the current
circumstances.
Thank you for writing.
Sincerely,
t!~(tl1 E.
County Road Engineer
LJH:pe
cc:
Rex H Knight, Manager, Engineering Services Section
Mark Madden, Traffic Operations Engineer
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Councilman Paul Barden
King County Council
Room 402. King county Courthouse
516 Third Avenut
Seattle. Washington
98104
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\-EON WOODWORTH, Cna',man
12061927,3750
2323",,'" 373'.
Feo...' Way, WA 95003
May 30. 1 986
RECEIVED
JUN 02 1986
I~ING COUNTY
~U8l1C WORKS O1RfCTnR
Dear Councilman Barden.
Enclosed. please find petitions signed by 82 Spring Valley
Residents and parents of the students at the Montessori School
on 8th Avenue South. that drive South 373rd Street every day.
some. several times a day. All would be adversely impacted by
allowing trucks on this street.
We feel that the statements on the petition are enough. and
very good reasons for making the load limit on these street~ a
permanent load limit of 5 tons.
It should especially be noted that we have seen a dramatic
decrease in the number of trucks using this route to by-pass the
State Weigh Station on 1-5 since the temporary restr~ction was
imposed.
Please consider this matter very carefully and thank you for
your consideration.
Yours t:rnly.
J(~ W#&()1J~
Leon Woodworth
Spring Valley Resident
CC to:
Washington State Patrol
King County Road Haintainence Department J..M hA.ç d-'/:eÁ
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King County Exe('uti~
TIM HILL
400 King County Courthouse
516 Third Avenue
Seatlle, Washington 98104
(206) 344-1040
JUN 3 01986 FiLED
June 23,1986
Mr. Leon Woodworth
King CoW1ty Outdoor Sports Council
232 South 373rd Street
Federal Way, WA 98003
South 373rd Street
RE:
Dear Mr. Woodworth :
..<,
Thank you for sending me a copy of your May 30, 1986 letter and petition
to Councilman Barden su¡;:porting the establishment of a permanent truck
load li1nit on South 373rd Street. I have advised Mr. Barden that I
would be responding to you direct1 y on this issue.
Roads Division staff continue to address traffic safety concerns on
SOuth 373rd Street. Those that are of interest involve, (1) the lack of
a good turning radius at the intersection of Eighth Avenue South and
SOuth 373rd Street, and (2) the lack of a walkway along Eighth Avenue
South. The addition of these two items will make the route safer than
it is at present. In the past, the Departrœnt of Public Works has tied
its support of the truck restriction to the lack of these items.
Removal of the existing load li1nit ordinance requires a new ordinance
with a public hearing. At the public hearing, all sides of each issue
are heard by the full County Council. The County Council then makes a
ruling based on the hearing testilnony and its previous knowledge of the
issue.
The Department of Public Works will send you prior notification of a new
hearing on this issue if one occurs. You may also express written or
verbal concerns at the hearing if you have additional safety concerns.
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June 23,1986
Page Two
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please contact Louis J. Haff, County Road Engineer, at 344-7490 if you
have any' questions.
Thank you for writing.
Sincerely,
¿)~
Tim Hill
King Count~_<,ExeC\1tive
TH:n>1:cp
Paul Barden, King County Counci1nember
Donald J. LaBelle, Director, Department of Public works
ATI'N: Louis J. Haff, P.E., County Road Engineer
- John J. Logan, Traffic and Planning Engineer
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MARCH 6. 1985
PAUL BARDEN
INTRDDUCEDBY:
POSED NO.:
85-110
2
,
OROINA/ilCE NO. . 144 ~'jL::'.j <L:.~~:.~t-
AN OR,DIffANCE re11ting to trltfl' control,
proMbiitling _lOlds In excess of 10,000 pounds
except 10'1' lOca-1 de11Mrles In King County
on South '373Jo!dStreet, South 375th Street,
8th AýèflueSØllth and South 373rd Pllce
(IIII!ndfii!['k.C.C. 46.44.080) and declaring
In8llerQeftcy.
BE IT ORDAINED BY THE COIMCIl OF KING COtJHTY:
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SECTION 1. K.C.C. 46.44.080, prohibiting operation of trucks and
other vehLles on county roods Is hereby lllllended by adding the fo11owlng:
SOUTH 373RD STREET (Pacific Highway SOuth
to South 31~d Way)
.
,
10
10,000 pounds
SOUTH 373R0- STREET (-8th Avenue South to
South 31211d "'1)
8TH AYENUE$í)jj'11¡f' (SOuth 373rd Street to
South 31Sth ,Strttt)
SOUTH 375'TH SYREtT (8th Avenue Sout'"
to Mil tbft-RNd)
10,000 pounds
J1
1:Z
10,000 pounds
10,000 pounds
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(except loc", de-11verles in king County, school buses
ðIId I!II8rgency Yehic,les).
11
SECTION 2. Signs to evidence the above described restriction shan
be 'nsta11ed by the proper authority Ind shill rud. "load limit 5 Tons".
5ECTlOfil 3. The county cDUnen finds as a fact and declares thlt
at
l'
20
an 888rgellCY exists and that this ordinance is netessery for the illlllediate
preservation of pub1fc pHce, health or safety or for the support of
21
22
county go~M88ftt and its e-xisting 'public 1!1st1tutlons.
JNTRODIJC£ ) AND READ for the ffrat tiMe this 4f1.....
dlY
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34
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of
, 1985.
dayof ~
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PASSED this
, 1985.
.
71
KING COUNTY COUNCIL
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ATTEST:
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. APPROVEO this ,2 2~ day of
, 1985.
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Spring Valley Montessori School ~,:~~~eíneJlIótlls
36605 Pacific Highway South. Federal Way, WA 98003
May 11, 2005
Cary Roe
City of Federal Way
P.O- Box 9718
Federal Way, WA 98063
RE: Lloyd Enterprises. 373rd Street Request
Dear Mr. Roe:
GlIlsevin Kayíhan
becutil'e DÜeet",
Marra Justus Foldi
Dllew" or Development
RECEIVED
MAY ';1 2005
F€QaW. WAY PUBLIC WORK!:
"~TIONDJV SION {
As a Federal Way resident since 1957 I have enjoyed, observed, and helped the
city to come into its own. It is always more beneficial to have the important
decisions made for us close to home; by fellow residents. They all gave their
time and energy to organize meetings which we all attended to help make
Federal Way a city, our city. Ours to help it grow, be comfortable in it and make
it appealing to newcomers. This of course implies that the city grows, becomes
financially sturdier.. .etc.. .and keeps businesses growing instead of diminishing.
As Pacific Highway South needed widening; the state, county, city did acquire
property for widening to insure safety. What we are looking at now is the use of
373rd. We are again facing the same thing that was faced in the 1980's and
1990's. At that time the authorities wisely decided that what is being proposed
again was unsafe then. It is still unsafe, no adjustments or improvements have
been made to the road.
Three hundred seventy third street is not wide nor strong enough to
accommodate single trucks (let alone the huge double ones) and allow a car to
go by in the opposite direction. What has happened is that people end up in the
ditch; which is on both sides of the road. Thinking only of safety, there is no
earthly reason for anyone to believe that this merits a change.
There was a negative impact when the vehicle license tax was glibly voted down
by the majority of Washington voters. This diminished monies for the state
roads, county roads, road improvement in general, and schools. Great harm was
done.
On 8th Avenue when we built the Multipurpose Building in 2001 we were required
for safety purposes to widen the road at our expense. We built
(253) 927-2557 . (253) 874~6003 . Fax (253) 838-5193 . www.spríngvalicy-org . E-mail: jllstlls@springvallcy-org
A Non-Pmfìt Organization PromotiT!R HiRhest Academic Standard_I Since 1951
City of Federal Way/Cary Roe - Can't.
Page 2
the building with much added cost and great sacrifice because of all the
difficulties of construction. The school construction followed all the requirements
of the city.
We now have the building used by the many members of the city, community,
and of course our school. I am personally responsible for the bank loan because
"not-for-profit" enterprises are not in a position to receive loans without an
individual assuming the responsibility of the loan.
If the local residents' cars end up in a ditch on the side of the road they have a
major problem. If the huge trucks will hamper the parents driving their children to
our school, they might remove the children from the school due to the
inconvenience and safety issue. Our investment and hard work would be
diminished and we would not be able to serve the community and lose the
possibility of repaying the bank. This is not politics, not personal
misunderstandings but hard facts. The school was not instrumental in
preventing the truck traffic originally.
The weight bearing capacity of the bridge. and the narrowness of the road create
the greatest danger. No one can guarantee safety under the newly suggested
changes.
Thank you for your time concerning this matter.
f\~~~~
MadeleineJ. Justus
cc: Jack Dovey
Land Use & Transportation Committee Chair
Members of the committee