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LUTC PKT 08-06-2007 City of Federal Way City Council Land Use/Transportation Committee August 6, 2007 5 :30 p.m. City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: July 2, 2007 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. S 333rd Street at 1 sl Way South Traffic Signal- Final Acceptance and Retainage Release B. CTR Agreement with WSDOT C. CTR Agreement with King County D. FlexPass Contract Renewal E. Lakehaven Estates Preliminary Plat F. Countdown Pedestrian Signals G. Flashing Yellow Arrow Traffic Signals; Follow-up H. 2008-2013 Transportation Improvement Plan (T.1.P.) 1. Code Enforcement Issue 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Action 5 min/Miller Action 5 min/Long Action 5 min/Long Action 5 min/Long Action 10 minlBergsagel Action 10 min/Perez Action 10 min/Perez Action 30 min/Perez Action 15 minIRoe Committee Members Jack Dovey, Chair Linda Kachmar Dean McColgan City Staff Cary M. Roe, P.E., Assistant City Manager/Emergency Manager Darlene LeMaster, Administrative Assistant II 253-835-2701 G:\LUTC\LUTC Agendas and Summaries 2007\08.06-07 LUTe Agenda,doc City of Federal Way City Council Land Use/Transportation Committee July 2, 2007 5:30 pm City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey, Committee Member Linda Kochmar and Committee Member Dean McColgan; Assistant City Manager/Emergency Manager Cary Roe, Deputy Public Works Director Ken Miller, Deputy City Attorney Aaron Walls, Street Systems Manager/Deputy Public Works Director Marwan Salloum, Surface Water Manager Paul Bucich, Traffic Engineer Rick Perez, Traffic Engineer Sarady Long, Senior Traffic Engineer Maryanne Zukowski, and Administrative Assistant II Tina Piety 1. CALL TO ORDER Committee Chair Dovey called the meeting to order at 5:30 p.m. 2. APPROVAL OF MINUTES The June 4, 2007, LUTC meeting minutes were approved. Moved: McColgan Seconded: Dovey Passed: Unanimously 3. PUBLIC COMMENT A June 22,2007, letter regarding the City Center Access Study from H. David Kaplan was read into the minutes. 4. BUSINESS ITEMS A. Lake Lorene 50% Design and Authorization to Proceed to 85%: Request to Combine with Lake Jeanne Proiect Paul Bucich provided the background information on this item. There was no public comment. There was no discussion. Moved: McColgan Seconded: noveyPassed: Unanimously Committee APPROVEll Option 2 to the July 17, 2007, City Council Consent Agenda for approval. B. Resolution to Set the Public Hearing for 2008-2013 Transportation Improvement Plan (T.I.P.) Rick Perez provided the background information on this item. There was no public comment. There was no discussion. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee P ASSEll Option 1 to the July 17, 2007, City Council Consent Agenda for approval. C. Grant Funding for Transportation Improvement Proiects Marwan Salloum provided the background information on this item. There was no public comment. There was no discussion. Moved: Dovey Seconded: McColgan Passed: Unanimously Committee PASS Ell Option 1 to the July 17, 2007, City Council Consent Agenda for approval. G:\LUTOLUTC Agendas and Summaries 2007\07-02-07 LUTC Minutes.doc Land Use/Transportation Committee Page 2 July 2, 2007 D. Local Commute Trip Reduction Plan Sarady Long provided the background information on this item. This is an information item and therefore, there is no vote. There was no public comment. Committee Chair Dovey asked who the number on the chart represents. Mr. Long replied it is the number of employers east of 1-5. He noted that employers in the area would like to see more routes. Committee Member McColgan why was there a six percent drop in drive alone rate between 1993 and 1995. Mr. Long replied that there are a number of reasons, one of which could be housing prices. Committee Member Kochmar commented that how transit routes have changed played a role. She suggested that the city study the issue of more routes. E. City Center Access Draft Public Involvement Plan Maryanne Zukowski provided the background information on this item. There was one public comment via a letter submitted from H. David Kaplan who was unable to be present (see attached). Committee Member Kochmar asked why 20 members for the Public Stakeholder team. She is concerned about the commitment level from 20 members. Ms. Zukowski replied that 20 members would be from a variety of demographic areas. Eleven members from the previous stakeholder team have expressed interest in participating on this team. Committee Member Kochmar suggested that new members be advisors, since new members would have to be educated about what has already happened and that could take a long time. Moved: Kochmar Seconded: McColgan Passed: Unanimously Committee PASSIm Option 1 to the July 17, 2007, City Council Consent Agenda for approval. F. "Transit Now!" Funding Letter ofIntent Rick Perez provided the background information on this item. There was no public comment. Mr. Perez discussed other ideas for additional transit service and Committee Member Kochmar suggested a fourth letter on the provision of additional service on Dash Point Road be included. Committee Chair Dovey asked if the letters could be combined. Mr. Perez responded that King County Metro Transit feels the proposals are different enough to warrant separate letters. Moved: llovey Seconded: McColgan Passed: Unanimously CommitteeP ASSED Amended Option 1 with the addition of a fourth letter on the provision of additional service on Dash Point Road. G. Emergency Equipment Cary Roe provided the background information on this item. There was no public comment. Mr. Roe informed the Committee that staff had researched placing a generator at Dumas Bay, but the wiring is old and it would be expensive to upgrade the wiring to the point a generator could be used. He also stated that Steel Lake Maintenance has a generator, but the wiring needs to be updated to accommodate it. In addition to the suggested equipment, the city will post notices at gathering places (such as City Hall and other public facilities) during emergency situations. Mr. Roe noted that if the LUTC and full City Council approved the purchase of the emergency equipment, either in the mid-biennium budget adjustment or in the 2009/2010 Budget process, equipment replacement costs would need to be addressed. Committee Chair Dovey asked how many people the Community Center could serve as an emergency shelter. Mr. Roe replied that it could serve approximately 200 people. He commented that the City has worked with the Red Cross on storing supplies. Committee Chair Dovey asked why the Evidence Building needs a generator. Mr. Roe replied that some of the evidence requires refrigeration. Committee Chair Dovey expressed concern with having only one portable generator. Undoubtedly, the city would need more than one. Mr. Roe responded that the city is working with senior housing developments, retirement centers, churches, and non-profits on the best way to utilize the proposed generator. In addition, the city is working with these groups on ways they may be more prepared. He commented that most of the city's power outages have not been citywide. Committee Chair Dovey commented that the city might be better served with more generators and one less snow truck. Mr. Roe stated that the city has three primary snow/ice routes. The city's current snow trucks are often called off a primary route to deal with other streets that need them. The proposed equipment would allow the city to keep the three larger trucks on the primary routes and leave the smaller trucks to deal with others. G:ILUTCILUTC Agendas and Summaries 2007107-02-07 LUTe Minutes.doc Land Use/Transportation Committee Page 3 July 2, 2007 Committee Member McColgan asked of the proposed fimding sources, in what order would you use them. Mr. Roe replied that REET can only be used for capital funds and most of the proposed list is capital items. Mr. Roe commented that city staff has been researching the idea of a matching grant process to help churches, senior housing developments, and retirement centers prepare for emergencies. The city would offer funds (say $10,000) that an organization would match. Committee Member McColgan asked why the city would put city funds into private facilities that by law should already be prepared for emergencies. Mr. Roe responded that there are a number of older facilities in the city that are not subject to current requirements. In addition, during talks with these organizations, the city has found that while they may be prepared in the overall sense (i.e., they have a generator), some have overlooked the specifics (Le., sufficient gas reserves for the generator). Moved: Kochmar Seconded: McColgan Passed: Unanimously Committee PASSED Amended Option 1, with the addition of $55,000 for a second portable generator and $100,000 grant program, with funding from unallocated REET, to the July 17, 2007, City Council Agenda. 5. FUTURE MEETING The next regular meeting is August 6,2007. 6. ADJOURN The meeting adjourned at 7:05 p.m. G:\LUTaLUTC Agendas and Summaries 2007107-02-07 LUTC Minutes.doc JUNE 22, 2007 TO: LUTC FROM: H. DAVID KAPLAN There is a good possibility that 1 will not be able to be at your July 2 meeting. Ifthat is the case, 1 want to communicate to you the comments 1 would have made at the meeting. I am pleased that we are finally getting to the Environmental Assessment stage of the CCAP. This is where the rubber meets the road, so to speak! You have heard my concerns in the past, so 1 will summarize them briefly. 1. 1 am concerned that a S. 31ih Street exit will have a negative impact on the Skate Park, the Ball Field and the wetland of Steel Lake Park to the extent that both the Skate Park and the ball Field will not function. I question whether an expanded roadway will comply with our city's wetland setback regulations. 2. Ifthe S. 31ih Street 1-5 exit is built, that will mean destruction ofthe Parks and Public Works Departments maintenance yard/office and two buildings of adjacent apartments. That means the city will have to acquire new maintenance facilities and building residents will need to find other housing. 3. Traffic will increase to the point that a signal will be needed at 28th and 31i\ and probably at the pedestrian crosswalk for the two sections of Steel Lake Park. Such additional traffic makes the park a hazard for our younger and disabled citizens. 4. I question the value of a third 1-5 exit within eight blocks against the "quality of life" issues that are raised. 5. I would expect that a detailed count of traffic using the HOV exit would be provided to the stakeholders and core team for their consideration. I look forward to this on-going discussion. H. David Kaplan 30240 27th Avenue South Federal Way, WA 98003-4212 G:ILUTCILUTC Agendas and Summaries 2007107-02-07 LUTC Minutes.doc COUNCIL MEETING DATE: September 4,2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South 333rd Street at 1 st Way South Traffic Signal - Final Acceptance and Retainage Release POLICY QUESTION: Should the Council accept the S 333rd Street at 1st Way South Traffic Signal Project constructed by Totem Electric, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 6, 2007 CATEGORY: 1ZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~!!~""'2~!!J..Y:.~~!l:M:i.D~~,_~:~:,:I:>~Pl!ty~l!!?~i.(;~l:)T~~:I:>i.~~(;!l:)~ DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated August 6, 2007. Options Considered: 1. Authorize the final acceptance of the S 333rd Street at I st Way South Traffic Signal Project constructed by Totem Electric, mc., in the amount of$240,085.99 as complete. 2. Do not authorize the final acceptance of the S 333rd Street at pt Way South Traffic Signal Project constructed by Totem Electric, mc., as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 above to the September 4, 2007 City Council Consent Agenda for approval. DIRECTOR ApPROVAL: ~ Conunittee - Council CITY MANAGER ApPROVAL: Council COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the September 4, 2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: HI move final acceptance of the S 333rd Street at 1'1 Way South Traffic Signal Project constructed by Totem Electric, Inc. in the amount of$240, 085.99 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 6, 2007 Land Use and Transportation Committee Neal Beets, City Manager Ken Miller, P.E., Deputy Public Works Director S 333rd Street and rt Way S Traffic Si~hal- Final Acceptance and Retainage Release BACKGROUND: - Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Totem Electric, Inc. is complete. The final construction contract amount for Schedule A is $240,085.99. This is $42,278.51 below the $282,364.50 (including contingency) budget that was approved by the City Council on April 18, 2006. cc: Project File Day File COUNCIL MEETING DATE: September 4,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007/2008 COMMUTE TRIP REDUCTION (CTR) CONTRACT WITH WSDOT POLICY QUESTION: Should the City Council authorize staff to accept State CrR technical funds for the crR program implementation? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 6, 2007 CATEGORY: I:8J Consent 0 Ordinance 0 Public Hearing o City Council Business 0 Resolution 0 Other STAFF REPORT By: Sarady Long, Traffic Engineer DEPT: Public Works m ..mmm mmm ......... ..... mmmg(~kR~~~J':zR:I?:'.Gi!YI.~~f.g~.I?~gi!1~~~mmm ... mm mm . ..mmmmmmmmmmmmmmmmmm._ Attachments: Memorandum to the Land Use and Transportation Committee dated August 6, 2007. Options Considered: 1. Authorize staff to accept State CTR technical funds for the CTR program implementation. 2. Do not authorize staff to accept State CTR technical funds for the CTR program implementation. STAFF RECOMMENDATION: Staffrecommends forwarding Option I to the September 4,2007 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: c1;2 Co '!tee DIRECTOR ApPROVAL: ~ Committee COWlcil COWlcil COMMITTEE RECOMMENDATION: Forward the staff recommendation to the September 4,2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: HI move approval to authorize staff to accept state CrR technical funds for the CrR program implementation. " (BELOW TO BE COMPLETED BY CITY CLERKSOFFlCE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 6, 2007 Land Use and Transportation Committee (LUTe) Neal Beats, City Manager Sarady Long, Traffic Engineer tYV Rick Perez,P.E., City Traffic Engineer lv'!/ 2007/2008 Commute Trip Reduction (CTR) Contract with WSDOT BACKGROUND: The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR) plans and programs as required by State law. The CTR program requires a two-year agreement with WSDOT from July 1,2007 to June 30, 2009. The purpose of the agreement is to allow the State to reimburse the City its proportionate share of the technical assistance funding. The City current CTR agreement with WSDOT has expired and a new agreement is required. UPDATE: Based on 13 affected worksites, the agreement caped funding allocation to the City at $28,225.97 for the first year (July 1, 2007 through June 30, 2008) and requires an amendment for additional funding for the second year. As in the past, due to workload and expertise the City will continue to use technical funds from WSDOT to contract with King County for the CTR support services. Staff will present this contract to the LUTC and Council committee as a separate agenda item. K:'!utc\W07\2007-2008 Commute Trip Reduction (CTi<.) .\greerndlt with WSDOT.cloc COUNCIL MEETING DATE: September 4, 2007 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 200712008 COMMUTE TRIP REDUCTION (CTR) PROGRAM AGREEMENT WITH KING COUNTY POLICY QUESTION: Should the City Council authorize the City Manager to enter into an agreement with King County for crR program implementation? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 6, 2007 CATEGORY: [8J Consent 0 Ordinance o City Council Business 0 Resolution STAFF REPORT By: Sarady Long, Traffic Engineer .........g~~.~I.?~~~~,...I.?:.~.:,...~i~I~.(;lffj~.~~g~~l?l?!.. o Public Hearing o Other DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated August 6, 2007. Options Considered: 1. Authorize the City Manager to enter into an agreement with King County for CTR program implementation. 2. Do not enter into an agreement with King County for CTR program implementation and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the September 4, 2007 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Committee Council Council COMMITTEE RECOMMENDATION: Forward the staff recommendation to the September 4,2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move authorizing the City Manager to enter into an agreement with King County for crR program implementation. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM SUBJECT: August 6, 2007 Land Use and Transportation Committee Neal Beets, City Manager Sarady Long, Traffic Engineer Rick Perez, P.E., City Traffic Engineer r.r 2007/2008 Commute Trip Reduction (CTR) Program Agreement with King County DATE: TO: VIA: FROM: BACKGROUND: The Washington State's Commute Trip Reduction (CTR) Law requires all major employers, both public and private, who employ one hundred (100) or more full-time employees who are scheduled to arrive at a single worksite between 6:00 am to 9:00 am to develop plans and programs to reduce Single Occupant Vehicle (SOV) and Vehicle Miles Traveled (VMT) commuting trips. Currently, there are 13 major employers in Federal Way that are affected by the CTR Law. In order to comply with the state CTR Law and to ensure consistency and fairness in its administration, the City entered into a Professional Services Agreement with King County. The purpose of the agreement is to delegate implementation of the CTR Act as required by state law and local CTR Ordinances to King County. The work to be performed under this agreement is described in the attached Exhibit A, Commute Trip Reduction Services Contract Scope of Work Period July 1, 2007 through June 30, 2008. Over the last ten (10) years the City has been contracting with King County for the CTR support services to implement the program. Staff believes this is a cost-effective relationship, as most cities have a full- time CTR coordinator. The 2006/2007 Professional Service Agreement will be fully funded by the state CTR grant. Based on the current 13 affected worksites, the City ofPederal Way will receive approximately $28,226. The State CTR grant would be sufficient to fund the 2007/2008 Agreement with King County Metro, which is at $23,069. Please see attached Exhibit B for assumptions of state grant and expenditures. K:\lutc\2007 2007/2008 Commute Trip Reduction (CTR) Program Agreement with King County.doc Federal Way - Exhibit A Commute Trip Reduction Services Contract Scope of Work Period: July 1, 2007, through June 30, 2008 Work Activities -14 current sites 1. REQUIRED ACTIVITIES A. Notification of new sites 1. Identify contact for potential sites 2. Send notification inquiry 3. Confirm status 4. Secure state code 5. Create time line and legal file B. Data Management and Survey Processes 1. Ongoing coordination of contact information and survey schedules with employers and WSDOT 2. Compilation / distribution of aggregate survey data as requested 3. Periodic survey processes and oversight of online survey process C. Program review 1. Remind employers of submittal deadlines 2. Monitor program report receipt 3. Review revised programs for sites that did not make progress and evaluate the potential for progress toward SOV reduction 4. Review program reports for completeness for new sites and for sites that made progress toward goal 5. Recommend action to jurisdiction 6. Generate approval letter for City signature E. Exemptions, Modifications and Compliance Issues 1. Inform new sites about process and criteria 2. Receive requests and copy to City 3. Copy request to state for comment 4. Review and analyze request and provide comments to City 5. Contact employer as needed, generate and send response per City F. Records maintenance 1. Maintain master file records on all affected sites 2. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 3. Provide WSDOT with an electronic copy of the CTR database of the City's CTR-affected employers, quarterly or as required by WSDOT 4. Provide quarterly report information for jurisdiction to conduct state funds billing Schedule As needed First quarter and as necessary Ordinance schedule by site As needed On-going II. EMPLOYER SERVICES G. Program Development As needed New Sites 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance 3. Assist with voluntary baseline survey. Analyze survey data and make programs recommendations. H. New ETC Consultation/Briefing As needed I. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance 1. Program Implementation Assistance As needed Provide assistance in the following categories: I. Identify resources and implementation requirements 2. Coordinate/attend network group meetings 3. Communicate with ETCs about transportation issues, including Sound Transit, Metro Transit, Special events and items of interest (e.g.: construction and road closures, Air Quality alerts, WSRO bulletins) 4. Provide two employee awareness campaigns per year J. Training Quarterly Provide county-wide basic training to new ETCs 1. Basic Training part 1: ETC orientation 2. Basic Training part 2: Program Implementation and Promotion 3. Survey briefing 2 Federal Way CITY OF FEDERAL WAY Exhibit B Period: July 1, 2007 through June 30, 2008 FUNDING State CTR Funds TOTAL FUNDS AVAILABLE $ 28,226 NUMBER OF SITES 14 CTR SERVICES CONTRACT Required Activities New Site Notification / Site status change $ 101 Data Management & Survey Processes $ 3,236 Program Review & Site Analysis $ 7,035 Exemptions, Modifications and Compliance Issues $ 603 Records Maintenance $ 2,261 Total Required Activities $ 13,236 Employer Service 1. Employer Training $ 490 2. Incentives $ 700 3. Promotions & Marketing $ 1,407 4. Other: Program Development $ 1,608 Program Implementation $ 5,628 Total Employer Service $ 9,833 CONTRACT TOTAL $ 23,069 COUNCIL MEETING DATE: September 4,2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007/2008 AREA FLEXPASS FOR CITY HALL EMPLOYEES POLICY QUESTION: Should the City Council authorize the City Manager to enter into a FlexPass agreement with King County Metro for crR program implementation for the City Hall site? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 6, 2007 CATEGORY: [8J Consent 0 Ordinance o City Council Business 0 Resolution STAFF REPORT By: Sarady Long, Traffic Engineer m~is:.~!'.~!.~:2:'~:~:2~i:tYI~l.l:f~(;~!'lgi!l~~E o Public Hearing o Other DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated August 6, 2007. Options Considered: 1. Authorize the City Manager to enter into a FlexPass agreement with King County Metro for CTR program implementation for the City Hall site. 2. Do not enter into the PlexPass agreement with King County Metro for CTR program implementation and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the September 4, 2007 City Council Consent Agenda for approval. DIRECTOR ApPROVAL: ~ Committee Council CITY MANAGER ApPROVAL: Council COMMITTEE RECOMMENDATION: Forward the staff recommendation to the September 4,2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "] move authorizing the City Manager to enter into a FlexPass agreement with King County Metro for crR program implementation for the City Hall site. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDillEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM August 6, 2007 Land Use and Transportation Committee Neal Beets, City Manager Rick Perez, P.E., City Tra~fic Engineer ~ Sarady Long, Traffic Engmeer ,r p SUBJECT: 2007/2008 Area FlexPass for City Hall Employees DATE: TO: VIA: FROM: BACKGROUND: The Washington State Commute Trip Reduction (CTR) Law and the City's CTR ordinance require all major employers, both public and private, who employ one hundred (100) or more full-time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to make a good faith effort as defined in RCW 70.94.534(2) to develop plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips. City Hall is one of 13 employers in Federal Way that are affected by the CTR Law. In compliance with State CTR law and local CTR ordinance, the City provides Flexpass to all affected employees and up to $30 incentive in the form of Commute Bonus/Bonus Plus vouchers for employees not able to utilize the FlexPass. The incentive program has been effective in reducing single occupancy vehicles (SOV's). The graph below depict City's employee drive alone rate from 1993 to 2007. Since 1993, the drive alone rate for affected employees have been steadily declining from 91 % in 1993 to 81 % in 2005 and slightly inching up to 83.5% in 2007. 92.0% 90.0% 88.0% G> 86.0% c 0 <C 84.0% G> > ';: 82.0% c ~ 0 80.0% 78.0% 76.0% 74.0% City Hall Drive Alone Rate 1993 1995 1997 1999 2001 2003 2005 2007 Survey Year Area FlexPass The Area FlexPass program is a low-cost annual pass sponsored through King County Metro. The program includes elements beyond the normal bus pass at the price of $70 per employee per year. With the Flexpass, eligible employees may use it to ride on all parts of the regular route transportation system via King County Metro, Pierce Transit and Sound Transit. The Flexpass Program will pay up to $65 per employee per month for vanpools, $20 per month for vanshares and a Home Free Guarantee in case of emergency. Additionally, the FlexPass Program provides $2,520 in the form of Commuter Bonus Plus Vouchers for promoting of other alternative modes. The existing FlexPass agreement with King County Metro will expire August 31 sl of this year. The City may purchase the pass for either affected employees starting work between 6:00 a.m. and 9:00 a.m. or all full time employees in City Hall, whether they use it or not. Based on 160 affected employees at City Hall, the Area FlexPass will cost approximately $11,200. The FlexPass agreement would be from September I, 2007 through August 31, 2008. Staff believes this is the most cost effective method of implementing the CTR program for the City Hall site. As a major employer and the lead jurisdiction for implementing CTR among all affected employers in Federal Way, it is important that we show our commitment to the spirit and to the goals of the CTR Law. Therefore, staff is recommending purchasing FlexPass for all 160 affected employees at City Hall. This is a budgeted item on the 2007/2008 budget. K:\LUTC\2007\2007/2008 Area FlexPass for city Hall Employees.doc ,. ,'7 COUNCIL MEETING DATE: September 4, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Lakehaven Estates Preliminary PJat, File No. 01-102053-00-SU POLICY QUESTION: Shall the proposed 13-lot Lakehaven Estates Preliminary Plat be approved? COMMITTEE: Land Use & Transportation Committee CATEGORY: rg] Consent MEETING DATE: August 6,2007 D City Council Business D Ordinance IZI Resolution D D Public Hearing Other ~!~~~.~~2~:!~.x:mA!?4y..:?~~g~~g~J?.{\~~~~.~!:l:!~.!>..!.!:l:.1!!?:~!..mmm_m DEPT: Community Development Attachments: Report and Recommendation by the Federal Way Deputy Hearing Examiner, Stephen K. Causseaux, dated July 6,2007; Staff Report; Preliminary Plat Map; Draft Resolution. Note: A binder with the Staff Report to the Hearing Examiner, with exhibits, is available in the City Council Room. Options Considered: [See FWCC ~ 20-127] 1. Adopt the recommendation. 2. Reject the recommendation. 3. Remand the preliminary plat back to the Hearing Examiner. 4. Adopt new recommendations and require or approve a minor modification to the preliminary plat. 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). Findings and conclusions that the application is consistent with the decisional criteria are set forth in the Hearing Examiner's report and recommendation. The City Council may receive new information not in the record pursuant to FWCC Section 20-127(b). STAFF RECOMMENDATION: Approval, based on the findings and conclusions ofthe Federal Way Hearing Examiner. CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: ~ Committee Council Doc. I.D. 41752 ...-" ... COMMITTEE RECOMMENDATION: 1 move that the Land Use and Transportation Committee forward to the City Council, and place on the Seotember 4, 2007, City Council consent agenda, a recommendation approving the Lakehaven Estates Preliminary Plat Resolution. Dean McColgan, Member Jack Dovey, Chair Linda Kochmar, Member PROPOSED COUNCIL MOTION: "1 move approval of Sterling Woods Preliminary Plat" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Doc. J.D. 41752 Page -I ------ - --T-----------'--- CITYHALi.- 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com _~___.__CJIY.-o.F--------------------- -- ~, Federal Way ~~(c;~O\\ff~~ JUL 1 1 2007 IW c;i1y Clerk's Office CltV' of Federar 'Nil'! July 6, 2007 Omega Investments Attn: Tom S. Vasilatos 16622 178th Avenue NE Woodinville, Washington 98072 RE: LAKE HAVEN EST AlES PRELIMINARY PLAT FW# 01-1 02053-00-SU Related File # 01-10255-00-SE Dear Applicant: Enclosed please find the Report and Recommendation of the City of Federal Way Hearing Examiner relating to the above-entitled case. SKC/bao cc: All parties of record City of Federal Way Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER LAKE HAVEN ESTATES PRELIMINARY PLAT ) ) ) ) ) ) FW# 01-102053-00-SU Related File # 01-1 0255-00-SE IN THE MATTER OF: I. SUMMARY OF APPLICATION The applicant requests preliminary plat approval to allow subdivision of a two lots (2.78 acres) into 13 single-family residential lots. The project includes storm drainage facilities and utility improvements, as well as construction of a private access tract which will be accessed from SW 340th Street. The applicant is choosing to make a payment to in lieu of providing open space. The site is vacant and partially wooded. Street improvements, water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will be installed to serve the plat. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: JUlie 26, 2007 July 6, 2007 At the hearing the following presented testimony and evidence: 1. Andy Bergsagel, Associate Planner, City of Federal Way 2. Ann Dower, Public Works, City of Federal Way 3. Paul Cyr, Applicant Agent, 18215 72nd Ave S, Kent, Washington 98032 4. Pat Taitano, 18215 72nd Ave S, Kent, Washington 98032 5. Tom Vasilatos, Applicant, 16622 178th Avenue NE, Woodinville, Washington 98072 6. Lawrence Fortman, PO Box 24510, Federal Way, Washington 98093-1510 7. Jo-Ellen Nelson, PO Box 3229. Federal Way, Washington 98063 At the hearing the following exhibits were admitted as part of the official record of these proceedings: Page - 3 1. Staff Report with all attachments 2. Slide Show 3. Letter of Water Availability Received June 18, 2007 4. Sewer Availability 5. Revised 345th Street Plans 6. Issues for the Record (Verbage tor Conclusions Change) III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, 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 an irregularly shaped, unimproved, 2.77 acre parcel of property located at the southeast corner ot the intersection of 19th Avenue SW and SW 340th Street within the City of Federal Way. The parcel abuts the south side of SW 340th Street and the east side of the unopened 19th Avenue SW right-of-way. 19th Avenue SW provides access to SW 336th Street to the north. SW 341st Street, a private road, extends east from 21st Avenue SW to the unopened 19th Avenue SW right-of-way. The applicant will extend SW 341 st Street across the southern property line of proposed lots 11-13 to provide access thereto. 5. The preliminary plat map shows that nine lots will access onto SW 340th Street. either directly or by Tract C, a private access road that could serve as many as four lots. The southern three lots will access onto SW 34151 Street, and proposed Lot 9 will access onto 19th Avenue SW. Tract A, located in the northwest corner of the site, will serve as an on-site storm drainage facility which the applicant will dedicate to the City. The plat map shows a strip of property along the west property line with a maximum width of 20 feet dedicated to the City for the 19th Avenue SW right-ot- way. The applicant will dedicate the 341s1 Street improvements along the south property line to the City as well. Page - 4 6. The preliminary plat map shows a minimum lot area of 7,272 square feet, a minimum lot width of 53 feet, and a density of 4.7 dwelling units per acre. Abutting uses include the Saghalie Junior High School across SW 340th Street to the north, the Saghalie Firs preliminary plat across 19th Avenue SW to the west, and larger lots, either vacant or improved with single-family homes to the east and south. The Fred Meyer shopping center is located at the northwest corner of the 19th Avenue SW/SW 340th Street intersection. 7. The parcel and abutting parcels in all directions are located within the Single-Family High-Density designation of the Federal Way Comprehensive Plan and the Single- Family Residential (RS-7.2) zone classification of the Federal Way City Code (FWCC). Section 22-631 FWCC authorizes s'ingle-family detached dwellings as outright permitted uses in the RS-7.2 classification subject to a minimum lot size of 7,200 square feet and a maximum lot coverage of 60%. The RS-7.2 classification requires setbacks of 20-foot front yard, 5-foot side yard, and 5-foot rear yard. All lots meet the minimum lot size standards, and the rectangular shapes will provide a reasonable sized building envelope that can meet all required setbacks. The preliminary plat provides no open space, and the plat parcel has no critical areas to include wetlands or geotechnically hazardous areas and is likewise not impacted by critical area buffers. 8. The topography of the parcel slopes upward to the east from 19th Avenue SW, and the eastern portion is flat. The eastern portion of the site is wooded, and vegetation in the western portion consists of scattered trees and brush. A significant stand of trees is located along the east side of Lot 11, adjacent to a parcel improved with a single-family dwelling. Conditions of approval address protection of said trees. 9. Chapter 20 FWCC sets forth the City subdivision code and Articles III and IV set forth the design criteria and required improvements for subdivisions. Findings set forth hereinafter address all applicable criteria set forth in the subdivision code. 10. Section 20-151 FWCC entitled "Subdivision Design" requires that subdivisions provide for the distribution of traffic in a logical manner toward a collector street system to avoid overburdening of residential streets. The plat will distribute traffic onto SW 340th Street that will then travel north on 19th Avenue SW to SW 33ath Street or west on SW 341 sl Street to 21 st Avenue SW. 191hA venue SW is essentially a commercial street serving Fred Meyer, other shopping areas to the north, and the Saghalie Middle School. The plat map also shows intersections at 900 angles, no cul-de-sac longer than 600 feet, no block perimeters due to the odd shape of the Page - 5 parcel, no road construction on steep slopes, and adequate entering and stopping sight distance. 11. Section 20-152 FWCC entitled "Lot Design" requires that all lots provide a rectangular shaped building area which meets required setbacks. Said section also requires the plat map to must show that emergency apparatus can access all lots, that all lots take advantage of topographic and natural features, and that all lots abut a public street right-of-way, but have no access onto arterial streets. In the present plat, each lot provides a rectangular shaped, reasonably sized building envelope, and the City Fire Marshall's Office has reviewed the plat design and determined that each lot will have emergency vehicle access. The site does not pose significant topographic or natural feature concerns, and all lots will abut either a public street or a private access tract approved by the City. No abutting road meets the definition of an arterial. Prior to final plat approval. 19th Avenue SW must be extended to SW 341 sl Street, and a road development agreement guarantees completion of said road (Exhibit 18). 12. Section 20-155 FWCC requires all residential subdivisions to provide open space in the amount equal to 15% of the gross ~and area of the parcel. However, the City Parks Director may accept a fee in lieu of payment following consideration of the City's overall park plan, and the quality, location, and service area of the open space that the project would provide. The preliminary plat map shows no open space, but the Parks Director has approved and prefers the fee in lieu of open space. The amount of the fee will equal 15% of the most recent assessed value of the property at the time of final plat approval. 13. Roads and sidewalks constructed as part of the street improvements will provide pedestrian and bicycle access. The applicant will make all street improvements shown on the preliminary plat map as described above in accordance with Section 21-176 FWCC. The project satisfies lot size and density requirements as set forth in Section 20-177 FWCC and will provide landscaping in accordance with Section 20-179 FWCC. 14. Section 20-179 FWCC requires the retention of all natural vegetation on site except that removed for improvements or grading. Said section also requires retention of existing mature vegetation to the maximum extent possible to include preservation of significant trees. The City reviews significant tree preservation pursuant to Section 22-1568 FWCC upon building permit application for each lot. The FWCC does not support mass clearing and grading of a proposed plat, and the applicant does not propose such during development of the present plat. Therefore, Page - 6 significant trees will remain on each lot until application for a building permit. The Nelson family expressed concerns regarding protection of significant trees growing along the' common border of their property with proposed Lot 11. Staff recommended a condition that requires the applicant to clearly show the approximate location of all trees on the Nelson property that may have roots extending over the property line. The condition also requires that a certified arborist determine whether tree protection measures employed by the applicant can keep the Nelson's trees sate. Staff desired implementation of the condition at the final plat stage. The applicant asserted that because it will not mass grade the site, the evaluation should occur at the time ot building permit application for Lot 11. Staff agreed at the hearing to the applicant's proposed timing of said condition, 15. Section 20-180 FWCC sets forth the criteria for streets and rights-of-way and requires that all streets within an approved subdivision be within a dedicated public right-of-way. The project will have no internal roads with the exception of Tract C that will remain a private access serving a maximum of four lots. Existing abutting roads are city streets and the applicant will dedicate newly constructed/roads to the City. Conditions of approval and the FWCC require the applicant to construct abutting roads to City standards. 19th Avenue SW will consist of a Type S street and will have a pavement width of 36 feet within a 60-foot right-ot-way, curb, gutter, 4-foot wide planter strip with trees, 5-foot sidewalk, and streetlights. Tract C Will meet the cross-section Y requirements ot a 38-toot width with a sidewalk along one side. The applicant does not desire to reduce the width as it will likely utilize Tract C for access to either three or four lots. The applicant will construct 341 sl Place with half-street improvements consisting ot a pavement width of 20 feet within a 32-foot- wide right-ot-way. Because the applicant could not secure an easement from the property owner to the south, it will apply for a deviation to allow removal of the 4-foot wide vegetative strip separating the sidewalk from the curb. At such time as full street improvements are made, the applicant will reinstall the vegetative strip, and move the curb 4 feet from the sidewalk. The City Public Works Department must agree to the deviation. If it does not, the applicant must dedicate four additional feet of right-ot-way from the south property line ot Lots 11, 12, and 13 to provide the full half-street improvements. The City Environmental Official in its SEPA review determined that plat traffic would not adversely impact existing roads and intersections and therefore neither required the preparation ot a traffic impact analysis nor imposed off-site traffic mitigation. 16. The Lakehaven Utility District will provide both potable water and fire flow to the site and will likewise provide sanitary sewer service to each lot in compliance with Sections 20-181 and 182 FWCC. Page - 7 17. The storm drainage facilities will meet City standards that include the 1998 King County Surface Water Design Manual. The applicant has submitted a Preliminary T echnicallnformation Report that Public Works staff have reviewed and determined that it complies with an City requirements. The applicant proposes to direct most storm drainage from the site to the Tract A storm drainage facility for treatment before release to the City system. 18. The applicant has submitted a landscape plan that addresses significant trees in accordance with Section 22-1568 (b) FWCC, The plan identifies 20 significant trees on the site, and the applicant proposes to retain one such tree and plant four replacement trees on Lots 1,2, 9, and 10 (1 each). 19. In accordance with Section 20-187 FWCC, the applicant must comply with the City School Impact Fee Ordinance and make a per lot payment to the Federal Way School District to offset the impacts on the district of school-aged children residing in the plat. 20. Prior to gaining preliminary plat approval, the applicant must show that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: a. The project is consistent with the Federal Way Comprehensive Plan which designates the property as Single-Family High Density. b. The project complies with all applicable provisions of Chapter 20 FWCC, including those adopted by reference from the Comprehensive Plan. The plat must comply with all provisions of. FWCC Chapter 18 entitled "Environmental Policy", Chapter 20 entitled "Subdivisions", Chapter 22, entitled "Zoning", as well as all other applicable codes and regulations. Conditions of approval assure compliance with all criteria within the FWCC. c. The project is consistent with the public health, safety, and welfare assuming compliance with conditions of approval. d. The project is consistent with the design criteria listed in Section 20-2 FWCC. Page- 8 e. The project satisfies all development standards set forth in Sections 20-151-157, and 20-178-187 FWCC subject to compliance with conditions of approval. 21. Residents raised concerns regarding access to their lots upon construction of street improvements to SW 341 sl Street, as development of Saghalie Firs has interfered with access. The City, during the construction phase, will assure that abutting residents do not lose access to their homes. Violations by another applicant in another plat cannot justify either plat denial or conditioning plat development beyond the requirements of adopted City Codes, 22. Residents also raised concerns regarding an off-site wetland draining across their parcels. Concerns include the interference with said flow by plat construction. The applicant confirmed that it would not block any such flows and would accommodate the flows within its drainage system. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and make recommendations on the issues presented by this request. 2. The applicant has shown that the requestfor preliminary plat approval is consistent with the Single-Family High-Density designation of the City of Federal Way Comprehensive Plan and meets all bulk regulations of the RS-7.2 zone classification of the FWCC. 3. 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, transit stops, potable water supplies, sanitary waste, fire protection, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single-family residential subdivision convenient to schools and shopping opportunities as well as a park-and-ride, and therefore should be approved subject to the following conditions: Page - 9 1. Prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee-in-Iieu of open space, calculated on 15% of the most recent assessed value of the property at the time of final plat. 2. Prior to the issuance of any clearing and grading permits, the applicant shall submit a current King County Certificate of Water Availability, since the certificate in the file has expired. 3. Prior to issuance of any clearing and grading permits, the applicant shall submit a current King County Certificate of Sewer Availability, since the certificate in the file has expired. 4. Prior to any site development of Lot 11, the applicant must submit a revised Sheet L2 that clearly shows the approximate location of all of the trees on the Nelson Property, for those trees with roots that might extend over the property line onto lakehaven Estates; at that trme the applicant shall also submit a letter from a certified arborist stating whether tree protection measures on the lakehaven Estates site are necessary to keep the Nelsons' trees safe. If the arborist's letter indicates that tree protection measures are in order, those tree protection measures shall be shown on the revised Sheet l2, to be turned in at the time of the application for a clearing and grading permit. 5. Prior to the issuance of building permits for lots 1, 2, 9, or 10, a significant tree replacement shall be placed on each of those lots. 6. Prior to approval and recording of the Final Plat, 191h Avenue SW (from SW 340th Street to SW 34151 Street) adjacent to the plat must be constructed and accepted by the Public Works Department. RECOMMENDA TION: It is hereby recommended to the Federal Way City Council that the lakehaven Estates preliminary plat be approved subject to the conditions contained in the conclusions above. DATED THIS 61h DAY OF July 2007. . . Page - ]0 TRANSMITTED THIS 6th DAY OF July 2007, to the following: APPLICANT/OWNER: Omega Investments Attn: Tom S. Vasilatos 16622 178\h Avenue NE Woodinville, Washington 98072 AGENT: Barghausen Consulting Engineers Attn: Mr. Paul Cyr 182157200 Avenue South Kent, Washington 98032 OTHERS: Lawrence Fortman PO Box 24510 Federal Way, Washington 98093-1510 Rob Rueber KC Investments 6220 29th Street NE Tacoma, Washington 98422 Pat Taitano 18215 72nd Avenue S Kent, Washington 98032 City of Federal Way c/o Laura Hathaway 33325 8th Avenue South Federal Way, WA 98063-9718 . . Page - ]] CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127., following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) The change will not have the effect of increasing the residential density of the plat; (b) The change will not result in the relocation of any access point to an exterior street from the plat; (c) The change will not result in any loss of open space or buffering provided in the plat; and (d) 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. (G (Q) ~\r( .~ ClTY OF ,~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE HEARING EXAMINER LAKEHAVEN ESTATES PRELIMINARY PLAT Preliminary Plat File No. 01-1 02053-00-SU SEP A File No. 01-1 02055-00-SE PUBLIC HEARJNG Council Chambers, Federal Way City HaJJ 33325 gthA venue South 2 p.m., Tuesday, June 26, 2007 Report Prepared b)': Andy BergsageJ, Associate Planner May 30, 2007 File No: 01-102053-00-SU (Preliminary Plat) 01-1.02055-00-SE (SEPA) . Project Location: SE comer of 19th Avenue SW and SW 34151 Street (No site address) Parcel Numbers: 192104-9025 & 242103-9053 Applicant/Owners: Oniega Investments Attn: Tom S. Vasilatos 16622 178tb Avenue NE W oodinviJ)e, W A 980n Agent: Barghausen Consulting Engineers Attn: Mr. Paul Cyr . 182J 5 nnd Avenue South Kent, W A 98032 Action Requested: Preliminary plat to subdivide 2.78 acres into 13 single-family lots. Staff Representative: Andy Bergsagel; Associate Planner, 253-835-2644 Staff Recommendation: Conditional Approval TABLE OF CONTENTS General ................................................................................................................................. ........ ...................3 ' Consulted Departments, Agencies & Public..... ...........,.............. ......... ....... ..... .......... ..... ......... .................. ...3 State Environmental Policy Act ................ ............. ......... ......:....... .... ......... .............................. ............. ........4 Neighborhood Characteristics. .... ............................ ...... ............ ........... .....................,.......... ......... .... ......... ...4 Natural Environment............................... ............ ...................... .... ........................ ................ ........... ......... ....5 Subdivision Design (FWCC 20-] 5]) ............... .... .......... ................................................. .... ..........................5 Lot Design (FWCC 20-] 52)..... ..... .................... ............., ..... ..... ........ ... ....... ......... ............ ...... ..... ......... ..... .... 6 Density (FWCC 20-] 53) . ........ .................. ...... ............. ..... ........ ................... .......... ....... ....... ................ ......... 6 Open Space and Recreation (FWCC 20-155) ..........................................................................................~.....6 Pedestrian and Bicycle Access (FWCC 20-156)................................................................................:.......... 7 Improvements Required (FWCC 20- 1 76) ..........;....... ................................................................................... 7 Density Regulations (FWCC 20-177) .... ............ .........,........ ............. ......... ............................,.. .......,............ 7 Landscape Buffers (FWCC 20-178).... .............. ........~..... ............ ..........,.......... ................... ..... ................. ....7 Retention of Vegetation (Clearing and Grading) (FWCC 20-179) ...............................................................7 Streets and Rights-of-Way (FWCC 20-180) .................................................................................................. 7 Water (FWCC 20-] 8 1 ).. ........ ........... ......................... ............... ................. .................... .......... ....... ............ ..... 8 Sewage Disposal (FWCC 20-182) ......, .... ............... ...... ........ ............ ..........;.... ..... ................ .... ............... .....9 Stonn Drainage (FWCC 20-183) ............ .......... ...................... ...... .......... .......... ...... .... ................ ............. .....9 Landscaping Protection and Enhancement (FWCC 20-186) ........................................................................9 Monuments (FWCC 20-187)...................... ............................... ........ ........... ........ ... ..... ............ ...................J 0 Public Services. ............ ....... .~.............................. ............ ..... ......... ................ ........ ........ ...... ......... ....... ...... ..10 Decisional Criteria..... .............. ................. .............................. ..... .......:............... ...... ....... ........... ........ .... .......10 Findings of Fact and Conclusions .... ... .......... .............. ................................................................................ 1 1 Recommendation......................................................................... ..'................ ..... ............... ....... ................. ..13 Conditions................................................................................................ ...... ........ ............ .......... ............... .13 List of Exhibits...................................................................................... ........................... ........... ....... ........ .13 GENERAL 1. ProjectDescription: The proposal is to subdivide two lots (2.78 acres) into 13 single-family Jots. The project includes storm drainage facilities and utiHty improvements, as wen as construction of a private access tract which will beaccess.ed from SW 340th Street. The applicant is choosing to make a payment in lieu of providing open space on the site. The site is vacant and. partially wooded. Street improvements, water, sewer~ utilitie~, storm drainage control improvements, and other related infrastructure improvements wiJ) be installed to service the plat. Enclosed are the fonowing drawings: . Sheet 1, Revised Preliminary Plat, by Barghausen Consulting Engineers, resubmitted March] 9, 2007. . Sheet 2, Preliminary Grading and Drainage Plan, by Barghausen Consulting Engineers, resubmitted March ]9,2007. . Sheet 3, Preliminary Utility Plan, by Barghausen Consulting Engineers, resubmitted March 19, 2007. . Sheet 4, Preliminary Storm Drainage Pond Plan, by Barghausen Consulting Engineers, resubmitted March 19,2007. . Sheet 11, Preliminary Street Tree Landscape Planting Plan, by Barghausen Consulting Engineers, resubmitted May 22, 2007. . Sheet L2, Preliminary Significant Tree Retention and Replacement Plan, by Barghausen Consulting Engineers, resubmitted May 22, 2007. (The combined 6-sheet plan set by Barghausen shall be considered Exhibit].) . Boundary & Topographic Survey, by Barghausen Consulting Engineers; received May 24, 2001. (Exhibit 2) 2. Location: SE Comer of] 9lh Avenue SW and SW 341 sl Street, Federal Way. (No site address.) Refer to the Zoning and Vicinity Map (Exhibit 3) and the Aerial Photography (Exhibit 4). 3. Parcel Numbers: 242]03-9053 & 192104-9025 4. . Siie of Property: The westerly parcel is 82,328 square feet (1.89 acres) and the easterly parcel is 38,565 square feet (0.89 acres) for a total of 120,893 square feet (2.78 acres). 5. Land Use and Zonzng: Subject Site: To the North: To tbe South: To tbe East: To tbe West: Zoning RS-7.2 RS-7.2 RS~ 7.2 RS-7.2 RS-7.2 Comprebensive Plan Single-Family-High Density Single-Family High Density Single-FamHy High Density Single-Family High Density Single-Family High Density Existing Land Use Single-Family B.esidential Single-Family Residential Single-Family Residential Single-Family Residential Single-F~mily Residential CONSULTED DEPARTMENTS, AGENCJES & PUBLIC The following departments, agencies, and individuals were advised of this application. 1. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Development Services and Lakehaven Estates Staff Report to the Hearing Examiner Page :I File No. OJ-J02055-00-SEI Om 10 .WS(l4 Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public. Safety (Police); South King Fire Department (formerly Federal Way Fire Department); Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. 2. All property owners and occupants within 300 feet of the site were mailed the Notice of Application, dated July 4, 2001. (Exhibit 7). The site was also posted and notice published in the newspaper and on the City's official notice boards. One written comment letter was received during the comment period from Mr. and Mrs. Jolm F. Nelson, 1530 SW 341st Place, Federal. Way, WA 98023 (Exhibit 16). The comments are summarized below in italicS with a staff response for each comment. The Nelsons are welcome to present any further comments and documentation at the public hearing. "We have a drain field on the west side of our property which should be protected. We would like to know what security measures are being taken to protect our 'property." Response: All stormwater runoff from the site will be conveyed to an infiltration facility in the northwest comer of the site. This location is a minimum of 200 feet away from the drainfield in question. In addition, the infiltration facility is approximately24 feet below the elevation of the neighbor's site. This distance and elevation difference exceeds setback requirements for both the City of Federal Way and King County Health Department. Therefore, the project is expected to have no impact on the Nelsons' drainfield. "There are some large, significant, native trees on ihe west side of our property which need protection. .." FWCC 22-1568 addresses significant trees. Specifically, FWCC 22-1568( c )(6) addresses significant tree protection. The Preliminary Significant Tree Retention Plan (Sheet L2) by Barghausen does not address the trees which are nearthis propertyline. The City's project planner visited the site. It is not clear where these trees are in relation to the property line. If the trees are close to the property line, the Nelsons have pointed out a valid public safety concern in that the roots of their large trees may be damaged. A condition is listed below, under Decisional Criteria, #3, regarding public safety. 3. Also, in accordance with the State Environmental Policy Act (SEPA) property owners and affected' agencies were notified (see details below). ST A TEENVIRONMENT AL POLlCY ACT An environmental "Determination of Non significance" (DNS) was issued by the City of Federal Way for the proposed action on December 27,2006 (Exhibit 8). This determination was based on review of . information in the project file, including the annotated environmental checklist, resubmitted June 1, 2004 (Exhibit 9), resulting in the conclusi()ll that the proposal. would not result in probable significant adverse impacts on the environment. In accordance with SEPA and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice. boards. No comments were received during the comment period and the determination was not appealed. NEIGHBORHOOD CHARACTERISTICS The property is located south of SW Campus Drive and is accessed from] 9th A venue South and SW 3401h Street. Saghalie Middle School is across the street to the north. The Wynstone Subdivision is to the east and the Saghalie Firs Subdivision is to the west. Both are under constmction. To the south there are some larger lots which could cooceivablybe platted in the future. About a block to the southwest there is the Twin Lakes Park & Ride. Lakehaven Estnles Slaff Report to the Hearing Examiner Page 4 File No. OI-I02055-00-SEI Doc. ID.J9804 NATURAL ENVIRONMENT 1. Soils. A geotechnical report was not required for critical area review, since the .site contains no geotechnicalJy hazardous areas. The applicant submitted lnfiltration Test Results (a report) by Associated Earth Science~J dated October 3, 2006 (Exhibit 15); the Public Works Department found the report to be acceptable. Soils will.be excavated during the construction ofthe street and on-site water quality treatment facilities, and during installation of utilities. Th~ preliminary clearing and grading plan depicts clearing limits for construction of the aforementioned items. . 2. Topography. The western parcel slopes up from 19th Avenue SW. The eastern parcel is mostly flat. The stonnwater will mostly drain westward to the proposed stonnwater pond near 19th Avenue South and SW 340lb Street. 3. Critical Areas. The City of Federal Way Critical Areas Map does not indicate any critical areas or associated buffers on the site. A "Wetland Determination" by B-twelve Associates, lnc., dated February 17, 2000, found no wetlands on the site (Exhibit 13). 4. Vegetation. The site is partiaJJy wooded. For specifics, refer to the "Landscaping and Significant Trees" section below. 5. Wildlife and Habitat. No wildlife species recognized as priority species are known to inhabit the site or the vicinity. However, songbirds, squirrels, and other wildlife will likely use any significant trees that are to remain and any replacement trees. SUBDJVlSlON DESIGN (FWCC 20-151) In the following analysis, pertinent text of the code is provided in italics, with a staff response following. 1. Subdivisions should be designed so that traffic is distributed in a logical manner toward a collector street system, to avoid intrusion and over-burdening of residential streets, and to connect with planned Dr existing streets. The traffic will be distributed in a logical manner (as shown on the preliminary plat map). The preliminary plat map shows that SW 340'h Street is already completely developed. The "Tract C" private access tract, off of this street, win.serve Lot 6 and Lot 10. Along the west of the plat, 19th A venue SW is currently under construction (May 2007) as part of the Saghalie Firs Plat. Along the south property line of the western parcel, half street improvements (labeled as "Tract B") will be dedicated to the City and be Jrnown as SW 34151 Place. 2. Streets should be coordinated with existing intersections to avoid offsetting new intersections, and should intersect at a 90-degree angle, plus or minus J 5 degrees. The proposed SW 34 1 51 Place will align with SW 34151 Street, at a 90-degree angle with 191b Avenue SW. 3. No street, or combination of streets, shall function as a eul-de-sac longer than 600 feet. There are no streets ending in a cul-de-sac which are longer than 600 feet. . 4. Block perimeters should be no longer than 1,320 feet for non-motorized access, and 2,640 feet for streets. It is impossible to have a block perimeter around the site due to the odd shape of the site and the fact that the site does not include the two parcels to the southeast. 5. Subdivisions on steep slopes should be designed so that streets are constructed generally parallel, rather than perpendicular, to the slope. Tract C is the only street or access easement near a slope and it meets the criterion. Lakehaven Estates StaffRepoTl.lo the Hearing Examiner Page 5 File No..OI-J02055-00-SEI Doc.JD.39R04 6. Streets should be designed in conformance with adopted standards for sight distance at intersections, as prescribed in FWCC 22- J J 5 J 'et seq. The proposal was reviewed by the Public Works Traffic Division and found to be in conformance. LOT DESIGN (FWCC 20-152) 1. All lots. should be of ample dimensions to provide, a regularshaped building area which meets required setbacks. The setback lines have been shoWn on Sheet I. The zoning chart for "detached dwelling units" in the RS zones requires a front setback of 20 feet, a side setback of 5 feet, and a rear setback of 5 feet [FWCC 22-631]. The proposal meets the criteria. 2. All lots shall be designed to provide access for emergency apparatus. The proposal has been reviewed by the Fire Marshal's Office and found to meet the criterion. 3. All lots should be designed to take advantage of topographic and natural features, view orientation and privacy. The site does not pose significant concerns in tenns of topography, natural features, view orientation, or privacy. 4. Except in a cluster subdivision, 01/ lots should abut a public street right-of way. Residential lots should not have access onto arterial streets. The proposal shows that all lots viill abut a public street right-of-way or approved private access tract. Neither SW 340th Street nor 19th Avenue SW is an arterial. . . 1t is important to' note that a major obstacle to approval of the preliminary plat and cause for delay was the fact that four of the lots would have been land-locked, prior to the extension of 19th Avenue SW; however, that portion of the avenue is anticipated to be constructed and dedicated in 2007, as part of the Saghalie Firs Plat. (SaghaJie Firs was previously Imown as the "Courtyard Vj)]age.") A letter from Kim Scattarella, of the Public Works Department, to Paul Cyr, ofBarghausen, dated September ]2, 2002, elaborates on this situation (Exhibit 17). There is a "Road Development Agreement: ]91h Ave. SW, Federal Way, WA," entered into on September 19,2005, between Omega International Investment Corp. (Tom S. Vasilatos) and Norris Homes Inc. (John Norris) which wm guarantee the completion of 191hA venue SW (Exhibit 18). DENSITY (FWCC 20-153) 1. All lots in conventional subdivisions shall meet the density and minimum lot size requirements of Chapter 22 FWCC. Calculation of density in subdivisions shall not include streets or vehicle access easements. The site meets the minimum density of7,200 square feet per lot. Therefore, an lots meet the minimum size for the zone, as dictated by the RS zoning chart for "detached dwelling unit" in FWCC 22~631. Lot ~losure calculations are expected at the time of the final plat. 2; The site is not considereda "cluster subdivision." OPEN SPACE AND RECREATION (FWCC 20-155) All residential subdivisions shall be required to provide open space in the amount of J 5 percent of the gross land area of the subdivision site; except for subdivisions created underFWCC 20- J 54, a fee-in-lieu payment may be made to satisfy open space requirements at the discretion of the parks director after consideration of the city's overall park plan, quality, location, and service area of the open space that would otherwise be provided within the project. The fee-in-lieu of open space shall be calculated on ]5 percent of the most recent assessed value of the property. The applicanl does not show open space on the site plan and proposes fee-in-lieu of open space. The Parks Director approves and prefers the fee-in-lieu Lakehaven Estates Staff Report to Ihe Hearing Examiner Page 6 File No. 0 I - I 02055-00-SEI Doc. 1.0. 39804 of open space for this application. As a condition of approval of this application, prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee-in-lieu of open space, calculated on ] 5 percent of the most recent assessed value of the property at the time of final plat. PEDESTRJAN AND BJCYCLE ACCESS (FWCC 20-156) The site is relatively small, and no special pedestrianlbicycle paths are needed to connect to other areas. The roads and sidewalks wilJ suffice. lMPROVEMENTS REQUIRED (FWcc 20-176) Street improvements, and the dedicl.ltion of rights-of way and/or easements~ shall be required in . accordance with FWCC22-1471 et seq., regartjing required improvements to rights-ofway and vehicular access easements. If a plat is subject to a dedication, dedication language shall be include.d on the face of the plat... Tract C will remain private. Tract B will be a half-street, dedicated to the City as SW 341 SI Place. Also, the plat shows a strip ofJand to be dedicated to the City, in order to provide a width of 60 feet for 19th Avenue SW. The required language shall be included on the final plat and dedicated via a Statutory Warranty Deed. DENSJTY REGULA TJONS (FWCC 20-177) Density or parcel size, setbacks, and buffers shall be in accordance with Chapter 22 FWCC, "Zoning." As mentioned above, the proposal meets this requirement. . LANDSCAPE BUFFERS (FWCC 20-178) . Subdivision design should pI:ovide a ten-foot-wide Type III landscape strip along all arterial streets to shield new residences from arterial streets [FWCC 22-1565(c)). Said landscape strip shall be provided in a separate tract to be owned and maintained by the homeowners' association. However, this site. does not border on an arterial. Therefore, the landscape buffer along the main road is not required. For other landscaping and significant tree issues, refer to the "Landscaping Protection and Enhancement" section below. RETENTION OF-VEGETATJON (CLEARING AND GRADING) (FWCC 20-179) (a) All natural vegetation shall be retained on the site to be subdivided except that which will be removedfor improvements or grading as shown on approved engineering plans. A preliminary clearing and grading plan shall be submitted as part of preliminary plat application. . (b) Existing mature yegetation shall be retained to the maximum extent possible. Preservation of significant trees pursuant to FWCC 22-1568 shall apply solely to the development of each single- family lot al the time a building permit is applied for. 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 infrastructure development. Sheet 2 shows that the "clearing and grading limits" will meet the criteria. The significant trees are to remain until a building permit for each lot is applied for. Sheet L2 shows that the site will require four replacement trees. (See "Landscaping Protection and Enhancement" below.) STREETS AND RJGHTS-OF- WAY (FWCC 20-180) (a) All streets within an approved subdivision shall be within a dedicated public right-ofway. Private tracts may be used in short subdivisions and cluster subdivisions using cross-section type "Y", as . described in FWCC 22-1528. Lakehaven Estales Staff Report to the Hearing Examiner Page 7 . FiJe No.OJ -) 02055-00-5E1 DodD. 39804 (b) All streets within the public rights-ofway shall be improved to the standards specified in FWCC 22- J 47 J et seq., regarding required improvements to rights-of way and vehicular access easements and tracts. (c) All streets abutting the subdivision or short subdivision shall be improved in accordance with FWCC 22-1471 et seq., regarding required improvements to rights-of way and vehicular access easements. (d) All traffic control devices within the subdiVision or short subdivision shall be provided by the developer as required by the director of public works. (e) Streets shall be provided to develop a street network with a block perimeter of no greater than 2,640 feet, as measured on centerlines. This requirement may be modified if connections cannot be made due to: (1) Topographical constraints. (2) Environmentally sensitive areas. (3) Adjacent development is not being conducive. (/) Additional off-site street and traffic control improvements may be required to mitigate impacts resulting from the subdivision or short subdivision. The plans have been reviewed by the Public Works Department to ensure consistency witb these regulations. 1. Road specifics. The plans show the following improvements: J!flr Avenue SW is designated as a Type S street, consisting of 36 feet of pavement, within a 60-foot right-of-way (to include curb, gutter, four-foot-wide planter strip with trees, five-foot sidewalk, and streetlights). The half-street improvements shaH be from street centerline. Right-of-way dedication will be required. The proposed Tract C meets the Cross-Section Y requirements and is 38 feet wide with a sidewalk on one side of it. However, the applicant may consider the newly passed Private Driveway Standards (Exhibit] 9), passed as part of Ordinance 07-554, to see if Drawing No. 3-2CC for "Driveway Serving 2 Lots" would apply. The new requirement is for a20~foot-wide minimum easement and 16- foot-wide minimum pavement (if serving onl1two Jots). SW 341st Place will consist ofbalf-street improvements, consisting of 20 feet of pavement, within a. 32-foot-wide right-of-way, with potential for the remaining 28-foot-wide right-of~way to be . dedicated by adjacent property owners in the future. This street sban be dedicated to the City as right-of-way. 2. Block perimeter. The block perimeter requirement does not apply, since the site is blocked on the southeast by private properly. It is conceivable that the block perimeter could be achieved in the future, jf surrounding sites are subdivided. 3. OjJ-Site Traffic Mitigation/Concurrency. This application was granted an envirorimental Determination of Non significance (as noted above) in December of2006, prior to when the City's "concurrency" program for traffic mitigation took effect January] , 2007. At the time of the DNS, a subdivision with fewer than 10 PM peak hour trips through any given Transportation Improvement Plan (TIP) project, did not require SEPA traffic mitigation, so a Traffic Impact Analysis (TlA) was not required. WATER (FWCC 20-181) All Jots in a subdivision or short subdivision shall be served by a water system designed and constructed to the specffications of the Lakehaven utility district or city of Tacoma public utilities department or any other appropriate district. Lakehaven Eswles SlaffReport 10 the Hearing Examiner Page 8 File No. 0 I-I 02055-00-SEI Oo<.ID 39804 Lakehaven Utility District is the water purveyor. Refer to Exhibit 14, Lakehaven Utility District's map of services in the area. The applicant submitted a King County Certificate of Water Availability, approved April 5,2001 (Exhibit ]0). These certificates expire after one year. Prior to the issUance of any clearing and grading permits, the applicant shall submit. a current King County Certificate of Water Availability, since the certificate in the file has expired. LUD has reviewed the preliminary plat and found it to be. acceptable. The final plat drawings must include Lakehaven Utility District's standard easement language. A developer extension agreement with Lakehaven Utility District will be required to extend mainline sewer facilities to fully serve the site. The District's Capital Facilities Charges are calculatedon the basis of Equivalent Residential Units (ERU). One (1) single-family lot is equal to one (I) ERU. The District's (2007) Capital Facilities Charges are $3,118/ERU for water. SEWAGE DISPOSAL (FWCC 20-182) Wherever feasible, all lots in subdivisions and short subdivisions shall be connected to a sanitary sewer system designed and constructed to the specifications of the Lakehaven utility district or other appropriate district. Lakehaven Utility District is the sewer purveyor. Refer to Exhibit 14, Lakehaven Utility District's map of services in the area. The applicant submitted a King County Certificate of Sewer Availability, approved AprilS, 2001 (Exhibit] I). These certificates expire after one year. Prior to the issuance of any clearing and grading permits, the applicant shan submit a current King County Certificate of Sewer Availability, since the certificate in the file has expired. A developer extension agreement with Lakehaven Utility District will be required to extend mainline sewer facilities to fully serve the site.. The District's Capital Facilities Charges are calculated on the basis of Equivalent Residential Units (ERU). One (1) single-family lot is equal to one (1) ERU. The District's (2007) Capital Facilities Charges are $2,720/ERU for sewer. STORM DRAJNAGE (FWCC 20-183) All subdivisions and short subdivisions shall be provided with an adequate storm drainage system designed and constructed in accordance with/he surface water management requirements in FWCC 21- 26 et seq., and the storm and suiface water utility requirements in FWCC 16-76 et seq. In addition to the plans, the applicant submitted a "Preliminary Technical Information Report" (TIR), by Barghausen Consulting Engineers, revised October 23, 2006 (Exhibit 12). Public Works staff.have reviewed the proposal and found it to be in compliance with the storm and surface water requirements. As shown in the TIR and plans, the requirements of the] 998 King County Surface Water Design Manual (KCSWDM). wm be met. Final review and approval of the storm drainage facilities will occur as part of the Final Plat process. LANDSCAPJNG PROTECTlON AND ENHANCEMENT (FWCC 20-186) (a) A landscape plan prepared by Q licensed landscape architect shall be submitted with each subdivision or short subdivision application. The plan shall identify existing wooded areas, significant trees, meadows, rock outcroppings, and other landscape features. The plan shall also show proposed buffers, open spaces, street trees, and other omamentallandscaping. (b) Significant trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, except for those to be removed in areas to be improved or graded as shown on the preliminary plat. During construction C?f subdivision improvements and permitting C?f single-family residences, protection techniques, as required in Chapter 22 FWCC, Zoning, shall be used to protecl the identified trees from harm or Lakehaven ESfales Slaff Reporllo the Hearing Examiner Page 9 File No. 0 I-I 02055-00-SEI Doc./D 39804 destruction, and to restore trees damaged or lost. Significant trees to be preserved shall be visibly marked by flagging. The applicant submitted a 'landscape plan, entitled "Preliminary Significant Tree Retention and Replacement Plan" (Sheet L2), stamped by Arthur M. Seidel, a registered landscape architect. Significant trees are addressed in FWCC 22- I 568(b).The significant trees on this site are shown on Sheet L2. There are 20 significant trees. The code states that 25 percent of significant. trees on a site must be retained or replaced, so the requirement is for five trees to be retained or replaced. Sheet L-2 shows one significant fir tree to remain and four replacement trees, one each on lots 1,2, 9, and 10, thereby meeting the criteria. As a condition of preliminary plat approval, prior to issuance of building permits for lots 1, 2, 9, or 10, a replacement significant tree shall be placed on each of those lots. (See related note about the trees on the Nelson property in the "Decisional Criteria," #3, below.) MONUMENTS (FWCC 20-187) Permanent survey control monuments shall be provided for all final plats and short plats. .. The monuments will be dealt with at the Final Plat stage. PUBLIC SERVICES 1. Schools. The application was routed toGeri Walker at the Federal Way School District and found to be acceptable. School impact fees, as authorized by City ordinance, are collected at the time the building permit is issued. School impact fees are determined on the basis of the district's Capital Facilities Plan and are sl,lbject to annual adjustment and update. 2. Public Parks. Refer to the analysis of open space requirements above. The Director of Parks has determined that a fee-in-lieu of open space on site is preferable for this proposal. 3. Fire Protection. The proposal has been reviewed by South King Fire Department (previously known as the Federal Way Fire Department) and found to be acceptable. The applicant submitted a King County Certificate of Water Availability, approyed April 5, 2001 (Exhibit 10), indicating that water wiJ) be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. As mentioned above, a current certificate is being required as part of this d.ecision. 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 as part of the final plat process. . 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. Pursuant to FWCC 20-1 26(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below: ]. The project is consistent with the Comprehensive Plan. The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Single-Family High Lakehaven Estates Staff Repon to the Hearing Examiner Page 10 File No. OJ - I 020SS-00-SEI Doc.lD. J9804 Density. The proposed land use, single-family residential, with 7,200 square-foot minimumlot 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 referencefrom the ComprehenSive.Plan. The prelimimiry plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivjsions," 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 conditioned, the proposed preliminary plat will comply with all provisions ofthe chapte~ ' 3. The project is consistent with the public health, safety, and welfare. Mr. and Mrs. Nelson have pointed out a public safety concern in their comment letter (noted above). They have stated that there are trees on their property, near the property line, which might extend onto the Lakehaven Estates property. If those roots are disturbed, it could create a hazard, in that the trees could become unstable. Therefore, as a condition of approval, prior to any clearing and grading, the applicant must submit a revised Sheet L2 which clearly shows the approximate location of all of the trees on the Nelson property, for those trees with roots that might extend over the property line onto Lakehaven Estates; the applicant shall also submit a letter from a certified arborist stating whether tree protection measures on the Lakehaven Estates site are necessary to keep the Nelsons' trees' safe. If the arborist's letter indicates that tree protection measures are in order, those tree protection measures shan be shown on the revised Sheet L2, to be turned in at the time of the application for a clearing and grading permit.]t is conceivable that the applicant might have to increase the size of the lot near the Nelsons' trees slightly, and decrease other lots slightly. A sJi.ght change in lot sizes would therefore be acceptable at the Final Plat stage. As conditioned, the plat wj]J be consistent with public health, safety, and welfare. 4. ]t is consistent with the design criteria listed in Section 20-2. The plat will be consistent with the purposes identified in FWCC Section 20-2, including effective use ofland, promotion of safe and convenient travel on streets, and provision for the housing needs oflhe community. 5. it is consistent with the development standards listed in Sections 20-151 through 157, and 20-178 through 187. The plat will be consistent with these development standards, as described in the . analysis above. FJNDlNGS 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 as follows: ]. The proposal is to subdivide twoIots (2.78 acres) into 13 single-family lots. 2. The application was deemed complete on June 29, 2001, and followed by correction letters and resubmittals. The plat is subject to codes and policies in place on that date, including the Federal Way Comprehensive Plan (FWCP). A major obstacle to approval of the preliminary plat was the fact that four of the lots would have been land-locked, prior to the extension of ] 9th A venue SW, but 19th A venue is currently under construction (May 2007) as part of the Saghalie Firs Plat, and is subject to the Road Development Agreement between the owners of the. Saghalie Firs property and Lakehaven Estates property (Exhibit] 8). . 3. The subject property is designated Single-Family High-Density in the FWCP.. Lakchaven Estates S13[f Report to the Hearing Examiner Page) ) File No. OJ-J02055-00-SE/ Doc 1039804 4. Z.oning f.or the site is RS-7.2 (minimum l.ot size 7;200 square feet). The pr.op.osed residential subdivisi.on and density is c.onsistent with applicable z.oning and subdivisiQn regulations. 5. A N.otice .of Application was issued .on July 4, 200 1. One CQmment letter was received during the CQmment periQd. An envirQnmental DeterminatiQn QfNonsignificance(DNS) was issued for the pr.oPQsed acti.on on December 27, 2006. NQ c.omments .or appeals regarding the DNS were received. . . 6. As prop.osed, each l.ot cQntains an adequate size and shape building envel.ope' to contain a single- family residence. Building setback lines are identified .on the preliminary plat map. 7. N.o .open space is prQP.osed .on site. Pursuant t.o FWCC SectiQn 20- 155, the applicant has pr.oPQsed fee-in-lieu .of .on-site .open space, which the Direct.or .of Parks finds t.o be acceptable. 8. No envirQnmentally critical areas are knQwn t.o be .on the site. 9. Significant tree retenti.on and/Qr replacement shall be provided in acc.ordance with FWCC Secti.on 20-179 and 22'-1568. Trees.that are left.on individual l.ots f.oll.owing the c.onstructi.on Qfplat infrastructure may be rem.oved during individual h.ome cQnstructi.on, subject tQ tree retenti.on and replacement standards .of FWCC Secti.on 22- 1568. 10. Areas where grading sh.ould be pemitted are identified .on the revised clearing and grading plan. The areas rec.ommended f.or clearing and grading are the areas fQr rights-.of":way and utilities, including the stQrmwater detentiQn facilities. 1 1. DevelQpment .of the site will create runQff frQm new imperviQus surfaces such as streets, driveways, and rQ.oftQPs. StQrm drainage facilities are being designed in accQrdance with the 1998 KCSWDM and the City's amendments tQ the manual. The applicant's preliminary stQrm drainage TIR was reviewed and accepted by the City's Public Works Department. Final review and apprQval of the stQrm drainage facilities as shown .on the engineering plans will .occur as part .of the final plat process. 12. Public WQrks staff have reviewed the prQject and concludeo that the prQPQsed street laYQut and street imprQvements .of the subdivisiQn are cQnsistent with ad .opted codes and the CQmprehensive Plan. 13. This prQject is expected tQ prQduce 10 .or fewer PM peak hQur vehicle trips. The DNS was issued prior tQ the City's CQncurrency Ordinance taking effect on January 1,2007. TherefQre, nQ .off-site traffic mitigatiQn .or CQncurrency fee is required. . 14. Water and sewer facilities are available frQm the Lakehaven Utility District and are adequate tQ serve the proPQsed develQpment. It is the applicant's resPQnsibility tQ secure all necessary water and sewer services frQm the utility provider. } 5. The prQPosed subdivisiQn and all attachments have been reviewed fQr compliance with the FWCP, FWCC Chapter 18, "Environmental PrQtectiQn," Chapter 20, "SubdivisiQns," Chapter 22, "ZQning," and all .other applicable cQdes and regulatiQns. As prQPQsed, and recQmmended by staff, the preliminary plat is cQnsistent with the FWCP and the applicable cQdesand regulatiQns. 16. Mr. and Mrs. Nelson, .owners of adjacent prQperties have PQinted .out a public safety CQncern in their CQmment letter. They have stated that there are trees .on their prQperty, near the prQperty line, which might extend ontQ the Lakehaven Estates prQperty. If thQse rQots are disturbed, it eQuId crea'te a Lakehaven Estates SlaffRepoT1lo the Hearing Examiner Page 12 File No. 0) -) 02055-00-SE/ Doc. J.D. J98U4 hazard, in that the trees could become unstable. However, as conditioned, an arborist ~ll inspect the site to ensure tree protection measures are in place if necessary. RECOMMENDATlON . Based on review of this application, the environmental record, and pertinent decisional criteria~ the Department of Community Development Services recommends conditional approval oftJie preliminary plat. . CONDITIONS 1. Prior to approval of the final plat, the applicant must submit to the City ofFederaJ Way the fee-in- lieu of open space, calculated on ] 5 percent of the most recent assessed value of the property at the time of final plat. 2. Prior to the issuance of any clearing and grading permits, the applicant shall submit a current King County Certificate of Water Availability, since the certificate in the file has expired. 3. Prior to the issuance of any clearing and grading permits, the applicant shan submit a currentKing County Certificate of Sewer Availability, since the certi.ficate in the file has expired. 4.. Prior to any clearing and grading, the applicant must submit a revised Sheet L2 which clearly shows the approximate location of all of the trees on the Nelson property, for those trees with roots that might extend over the property line onto Lakehaven Estates; at that time the applicant shan also submit a Jetter from a certified arborist stating whether tree protection measures on the Lakehaven Estates site are necessary to keep the Nelsons' trees safe. Jf the arborist's letter indicates that tree protection measures are in order, those tree protection measures shall be shown on the revised Sheet L2, to be turned in at the time of the application for a clearing and grading permit.. 5. Prior to issuance of building permits for lots 1, 2, 9, or 10, a significant tree replacement shall be placed on each of those lots. 6. Prior to approval and recording of the Final Plat, 19111 Avenue SW (from SW 340m Street to SW 34 pI Street) adjacent to the plat must be constructed and accepted by the Public Works Department. LlST OF EXHJBJTS Copies of a)) exhibits have been provided to the Hearing Examiner. Only the Zoning & Vicinity Map and . Sheet I of the plans are enclosed for other recipients of this report. I. Set of plans by Barghausen Consulting Engineers, Sheets 1-4 (resubmitted March 19, 2007) and Sheets L.I and L.2 (resubmitted May 22, 2007) 2. Boundary & Topographic Survey, by Barghausen Consulting Engineers, received May 24,200) 3. Zoning and Vicinity Map 4. Aerial Photography Map 5. Quarter Section Map 6. Master Land Use Application Form 7. Notice of Application, July 4,2001 8. SEP A Determination of Non significance (DNS), December 26, 2006 9. Annotated SEP A checklist, resubmitted June I, 2004 10. King County Certificate of Water Availability, approved AprilS, 200] (expired) ] 1. King County Certificate of Sewer Availability, approved April 5, 200] (expired) Lakehaven Estates Slaff Report 10 the Hearing Examiner Page 13 File No. 0 I-I 02055-00-SE/ Doc. 1.0. 39804 12. Preliminary Technical Information Report (TlR), by Barghausen Consulting Engineers, revised October23, 7006 ] 3. . Wetland Determination by B-twelve Associates, Inc., dated February J 7,2000 ]4. Lakehaven Utility District map of services in the area 15. Infiltration Test Results (report) by Associated Earth Sciences, October 3, 2006 ]6. Comment letter from Mr. and Mrs~ John F. Nelson, dated July 17,2001 . 17. Letter from Kim ScattarelJa, of the Public Works Department, to Paul Cyr; of Barghausen, ~ated September 12, 2002 ]8. "Road Development Agreement: 191h Ave. SW, Federal Way, WA," entered into on September 19, 2005, between Omega: lntemational lnvestment Corp. (Tom S. Vasilatos) and Norris Homes lnc. (John Norris) 19. Private Driveway Standards (per Ordinance 07-554) 20. Notice of Hearing, published JUne 2, 2007 TRANSMITTED TO THE PARTIES LISTED HEREAFTER Stephen Causseaux, Jr., Federal Way Hearing Examiner Ann Dower, Public Works Development Engineering Janet Shull, City Contract Planner for SaghaJie Firs Geri Walker, Federal Way School District Soma Chattopadhyay, Public Works Traffic Division Geri Walker; Federal Way School District Chris lngham, South King Fire Brian Asbury, Lakehaven Utility District Owner of Sagbalie Firs: Norris Homes, lnc. Attn: John Norris 2053 Faben Drive MercerlsJand, WA 98040 Agent: Barghausen Consulting Engineers Mr. Paul Cyr ] 8215 72nd A venue South Kent, W A 98032 Applicant for Sagbalie Firs: AHBL Attn: Lisa Klein 22 J 5 North 30tb Street, Suite 300 Tacoma, W A 98403 Owner: Omega Investments Attn: Tom S. VasiJatos ) 6622 1781b Avenue NE Woodinville, WA 98072 Owner of Wynstone: David J. Hopkins 14112 123'd Avenue NE Kir~and, WA 98034 Applicant for Wynstone: Brad Plemmons 101 T Street SE Auburn, W A 98002 Public Commenters: John and Jo-Ellen Nelson PO Box 3229 Federal Way, WA 98063 John and Jo-Ellen Nelson 1530 SW 34) 51 Place Federal Way, WA 98023 Lakehaven Estates Staff Report to the Hearing Examiner Page 14 File No. OJ-I02055-00-SE/ 0." I.D.39804 ~ 1'-50' G 2S ~ 100 ..--------, 02410J-905) OW:CA INTERNATlOHAllNV. SOftp 166221l8ffiAVfM,J(Nf.: WOClOItMl..JLff1I 98011 0192104-9025 OI.4E~IN1tRN.I.1lOflALINV COllP Itf.ll \llm~ AIJ(W( Ii( WOOOItMUE. WIO. 98072 Q'<)21~-9IX>2 i"EOWAYscttOOlDISTIZIO 1l4051STHA.\I(NUE'i FEIlf:RN.. ..,,"y, WIt 9flO()j 0192104-!X)Jl fIIlERAl WAY PlJ9UC SCHOOL'> 31405 H'TH AVl:HVE S fEI)[fW. '1101.\', WA 98003 0192104-9050 ColTY Of fIOOW- WAY }J5JOl$TWA'fS ffD(~\flA.Y.'" 96l)Ul 0192104-9053 m)'<<"''f'3~C\<;Tf2\~ jl4C)SloJlll"V[NUES rEOfRAJ... WAY. 'IIA ~600j 01n104-90JO JiWlD " CAAQL HOPKINS 14"2 I23ROAV[ Nt: KlRKUNO. 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"'ett;o1>".s- ~I: PREUMINI\RY GRADING AND DRAINAGE PLAN FOR G roo50' ~ w '" o >- (1l '" w ,. w ::i o \f LAKEHA VEN ESTATES A PORnON QF THE NE \/4 OF SECTION 24. rO\NNSHIP 21 S.. RANGE 3E- AND THE SE \14 OF SECTION 19. TOWNSHIP 21 S.. RANGE 3 E . wM. KING COUN1Y. WI\SHINGTON SAGHAILE JUNIOR\HIGH SCHOOL I , /~~ #1~0 ({i-W to ....",..,.- i . ?,-.-. 'r. ./ 'f'RCJf'066> ~ -;/...., -""" 'f'" :::tr~::::~-t~--- I \ ~ ~'1}1'\..\ ~ .# TRACT B "'" -..-. _rooM ~"y .#"p #1}1'\..' ({i-4P ~ Q}:i~~ @~~~ _.J1Uf(5d.fi]ff..Sl<<I~ ~ --- ::r'~ --- ~{;,\\OIWSIIl --'"" --- -- (1 . ------ H( l;"' ~ 1\ ~~ ~ ~~ ., ll~~ :~ \ ui.... OIzi O~<i j~~ '!l<{':\ >iE~ 6~- ~~8 \2~ l - 1 it 1{ 011 \ d II \ JJ ,~ \' ~i Ii ~i "l !! ;5 ~ 1i~a~ ~~!'! ; ~~~~ ~~~*' RESUBMI1TE! MAR 1 9 'lOOl CIlY Of FEOERAL W \.\'~ ' BUilDING DEPT. 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RANGE 3E. AND Tl-E SE 1/4 OF SECllON 19, TOWNSHP 21 s.. RAHClE 3 E. WM KtlG COU\ffi', WASHINGTON ~1 r-50' ~~ lr:o 'j.1l1>~'j. G'J>V'~~?.~ #c~. SAGHALE JUNIOR~ SCHOOL , I ~~ ~~l /~L ~~~\~-i~~\ ~I I.LS-_ }1'l-1O.______1HfL~ '.t:. If' ~~1.-lIs. _ _ ~ lE-~oIICrrrfS,L -~ , ;---mACl J \ :1~fl.JAATIONAHOWA.~-, ~-_-::"'-"::"-}-J: ~/ofClLJlY '\ -----,L'=---~---' -;],-- --'= ./11 , ------~ :li ...1Z- t>-0 \ ~:'=~-~=~;,~~-~, II! Cl~~'~~ ; -:-~;fJI~;i~.:-:;kft -~~ II 'l~' :1: _; I' :1 :1; *;1; ;1 ~i: ~ :1: :: ----JL~~~~----'i J~"" I ~ ~ il: -~~1-~: / -----,~ --'"'-TRACTS '""''''''''''''''''''''''' (OElllCAtEDroClJY) f'ROI'OSS) WATEll I'ROPOSEO SAN. SEWER <1i'?0 \W-1~0 <1i';,p~ \W-:!~) \.~4P- ~:!~ <1i'<j>P' llTl1lY KEYNOlES q;.. "DSfJMC[$lWl'mtNl!WlllEJ(URJJ'I'IIjSllUt'rS1'DS~ \:Y~AfEACHLOT. @ =".v~~POIlNllH6€N\IIln'l'lJISIlIlttmlS~ @='~~~I'IllOll~~ @) COIIIETmDlmC_SIMll,fIElDlIOWY ~sn:.__~lOlXlNSl1'lUCl'-. l..E<EN[)o """"......""""'" -- -- """" _ 0-.. 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"'....<~ f i <\15 .~ :i;; ~ 16 f::. ~ 1'-50' PRELIMINARY SIOtllFICANT TREE RETEtfT10N AND REPLACEMENT PLAN FOA LAKEHAVEN ESTATES ^ pOfmON oF lHE N.E 1/4 oF SEC110N 24, TOWNSl-lIf' 21 S. RANGE JE. AND lHE BE 1/4 OF SECTlON 19. TOWNSI-If' 21 S. RANGE J E. WM KING COUNTY, WASHINGTON rn II" .n:5Q lOCI _ _ _-----.J SAGHAILE .JUNIOR~ SCHOOL , _CT A Of\l SITE DFWNAC( n.ClUJ'f . -- - , f r (MlIEOEllOl.1'fDltICIl'I'l II <1' f I \ -.- - ti L - _ ~_ ___---.-~-...J i;Y"C: .~:c:-'~~~,;;:-);~ ! I r 1 .10 I :ll :1; ~ J: : I: ; I: 1I:--- I III Ip II' ~...../'l, 11 11 j I JIL -. ___JIL __n_.JIL~, ~:-_l ./ .J J I .. _ ..j- ________L ~..1~~\.\ <:;<<-5'" ~,~0 $~<p<>- ~.1~~\.) ~",~Spc y,S.1:l- \1>-0 ~qIi;.':jJ?-~ #1~~ ~",<(;.Spc .. 1,0#_IO~WIr.I""'\II_9'OCl.C l-ft(ffld:_VlIlOOO'f'lZ\f TREE PflOTECllON FENCING DR AIL EXISllNG TREE PAUNlNG DETAIL t<ltl\l~( SlGNFlCAHT ffiEE CAl..CIJlA 1lONS ... ....... DI$lIlD$lCM'QIlI"fIlEI:S 11 2S"~~ us ~nesllEfMO 1 _~ftI:5J lUVt.lIUI!l.fWl_~ t ~ - . . ~!!!Li!fi-- ~eL~~,I"'" . iiiK~~~ < ~="~!I:l:llr=eIWUIll :. 1llElUeUllF~1llfB.OJllilIO_M:""lIUllfllEUllEll~ ~_~!Jf"l\<("..uol.I'Il'ilFGtl-$fl'(~lll(pMlaf I. ~ollCl~~~~~~'r~~_ 1 tir.~WiT~.~~~~"::'J1l(~ ~r::~ .. L~:fu~~(JIlSlOlW:[or~VAt(JlI'U$HIU8E:PV<I'/l1'(1) _. SlGMRCANT rnEE LEGEND JI:- o "* @ o ~~IO.{ SOUlCoWM.~/ ww.... WU~ OOotlfi~ril(MN!KS '~~Il.IlW<(Il.Il. ~..::oll' :>fIl&UOl. ~1UI~U'0W0I:JJ;ll. ~~::"'_'1'~. I Sloll(("Wl'IlloII'C'IOll'l<<i ~~- SIN(("(i'JY(.llI(:~ 15{ASOIO;~l\5{1fl'~ , RECEIVED MAY 2 2 Z007 CITY OF FEDERAl WAY BUILDING Oa>r. OWNER/DEVELOPER ~'fc.t ~- ~"" lW2 'm'II ~ Ill.. ~"'fIll7! l:-l:~l~I$iIl -.- (LlllI'ICIllI:o<O._ {~IlII.~."'_1'UtQ ENGINEffiIPLANNER/LANO SIJ1VEYOA ~~~tf:... 1atl, n..,4't.SOO1lI 1lOff._ Nlln ~t.~l-:lf!.>n CONv.&1: WGItIJBI, p_E./~~..mn.'.l..s. . "j 5 rJ2 ~ ~ a:Z ~ w:'i f.i ~i CI.l ~ we: ~ ii~~ ~~ ~ ~~ ~ ~~ ~'!J81 ~z<i. ..J!l!3: /jj<('1 ~j!:..J ::<~~ ~~Q ",0 ~~ i I PI; II H ~ l. , II . I' ! .; ... t .I :1 ~ .0 H ~; 0' ~~ Ii !~ ~ ~I ~ . ~ ",.f;)" ....... ~ ::J. _ ~ .. <C . :! ~ ~ l f ~~& t co....~ -~ ) . N~ 8 N~~ ..J~ .; g ~ ~ ~~E~ ~~'f,. ;;u S F. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING LAKE HAVEN ESTATES PRELIMINARY PLAT, FEDERAL WAY FILE NO. 01- 102053-00 SU. WHEREAS, the owner(s), Omega Investments (Tom Vasilatos), applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Lakehaven Estates and consisting of 2.78 acres into thirteen (13) single-family residential lots located at SE comer of 19th Avenue SW and SW 341st Street (Parcel Numbers: 192104-9025 & 242103-9053); and WHEREAS, on December 27, 2006, an Environmental Determination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C; RCW, and WHEREAS, the Federal Way Hearing Examiner on June 26, 2007, held a public hearing concerning Lakehaven Estates preliminary plat; and WHEREAS, following the conclusion of said hearing, on July 6, 2007, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Sterling Woods preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- 127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on August 6, 2007, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Sterling Woods preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Sterling Woods preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and Doc. J.D. WHEREAS, on September 4, 2007, the City Council considered the record and the Hearing Examiner recommendation on Sterling Woods preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's July 6, 2007, Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions ofthe 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 immediately above, Lakehaven Estates preliminary plat, Federal Way File No. 01-102053-SU, is hereby approved, subject to conditions as contained in the July 6, 2007, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Doc. J.D. '. '. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY ,2007 OF CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: Doc. J.D. .. ... CITY CLERK, LAURA HA THA WAY, CITY CLERK APPROVED As To FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. Doc. 1.0. COUNCIL MEETING DATE: September 4, 2007 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COUNTDOWN PEDESTRIAN SIGNALS POLICY QUESTION: Should the City retrofit existing pedestrian signals to provide countdown pedestrian signal indications? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 6,2007 CATEGORY: IZI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other .~!~!.I!~!2~!!!Y..:_~~~~_.Y~~~~?..J.>..:.~..:.?.....~.!1:yI~'.l.[f'i~.~l1.g!l1.~~~.... .. DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated August 6,2007. Options Considered: 1. Continue the existing practice of installing countdown pedestrian signals on new traffic signals and pedestrian signals that are replaced as needed. 2. Implement a three-year program to retrofit existing pedestrian signals with countdown pedestrian signals at an annual cost of $67,000, subject to approval in the mid-biennium adjustment. 3. Implement a three-year program to retrofit existing pedestrian signals with countdown pedestrian signals for the top 37 ranking intersections (covering all 6-lane arterial crossings) at an annual cost of $37,000, subject to approval in the mid-biennium adjustment. 4. Do not use countdown pedestrian signals. STAFF RECOMMENDATION: Staff recommends forwarding Option 3 to the September 4,2007 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Committee Council Council COMMITTEE RECOMMENDATION: Forward the staff recommendation to the September 4,2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move approval of the staff recommendation to implement a three-year program to .retrofit existing pedestrian signals with countdown pedestrian signals for the top 37 ranking intersections (covering all 6-lane arterial crossings) at an annual cost of $37,000, subject to approval in the mid-biennium adjustment. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 6, 2007 Land Use and Transportation Committee Neal Beets, City Manager Rick Perez, P.E., City Traffic Engineer Iff Countdown Pedestrian Signals BACKGROUND: In response to a cItIzen comment, the City Council requested information on the City's use of countdown pedestrian signals. These signals provide a numerical output for the number of seconds left in the "flashing don't walk" phase of a traffic signal. Countdown pedestrian signals are a relatively new development and were experimental for a number of years. Federal standards were adopted for their use in 2000. The City's first implementation of them was for the intersection of 23rd Avenue S at S 314th Street, where staff determined that it would be a good test location due to its history of pedestrian crossing concerns from nearby senior housing residents. As hoped, these did prove popular. Similarly, on a national level, countdown pedestrian signals have proven popular with citizens. Although safety studies have raised concerns about increasing noncompliance by pedestrians, this appears to be related primarily to faster pedestrians entering the crosswalk after the "flashing don't walk" indication has begun, but these pedestrians are generally clearing the crosswalk before conflicting vehicular traffic is released, so no increase in vehicle/pedestrian collisions is noted. One study found that less than 1 % of pedestrians remained in the street at the end of the "flashing don't walk" indication. Based on this local and national experience, staff has now adopted countdown pedestrian signals as a standard for new signal installations, as well as replacement of worn or damaged pedestrian signals. The cost to retrofit an intersection with countdown pedestrian signals is approximately $3,000. The number of City-owned signals to be retrofitted would be 67, for a total cost of $201,000. If desired, staff recommends that a complete retrofit program be phased over at least three (3) years to avoid near simultaneous replacement at the end of the signals' estimated ten-year life cycle. Attached is prioritized list of intersections. The list is prioritized based both crossing distance and estimated pedestrian volumes. However, since we do not have pedestrian volumes at every signalized intersection, staff developed a proxy measure based the number of transit stops per hour, and the presence of school crossings, parks, and senior housing. No budget exists for such a program at this time. If desired, staff would recommend that this be considered in the mid-biennium adjustment. COUNTDOWN PEDESTRIAN SIGNAL PRIORITY LIST ~ Route y y y 25.73333 SR 99 (ev S 320 5t 39 15 N Y N 25.45 23 Ave 5 (al S 320 5t 33 37 N y N 22.48333 SR 509 (eil SW 3 I 2 St 28 4 Y N y 20.73333 SR 99 (eil16 Ave S i S 340 SI 40 6 N N N 20.5 SR 18 ((il SR 161 40 6 N N N 20.5 23 A v Sea) S 317 SI 28 59 N Y N 20.31667 SR 99 (eil S 288 SI 33 8 N y N 20.06667 25 Ave 5 I Gateway Cenler Blvd (ill S 320 SI 29 40 N Y N 19.53333 SR 99 ((il S 324 St 31 14 N y N 18.96667 5R 99 ((il S 336 St 37 10 N N N 18.43333 6 Av SW (eil SW Campus Dr 25 4 y N Y 18.33333 SR 99 (eil SR 18 37 8 N N N 18.26667 8 Av SW ((V SW 356 St 30 4 Y N N 17.33333 42 Av SW (eil SW 320 St 30 2 Y N N 17.16667 SR 99 (iiJ S 356 SI 36 4 N N N 17.13333 SR99 (ill S312 St 29 10 N y N 17.03333 I I PI S (iiJ S 320 SI 28 19 N y N 16.98333 23 Av S (ill S 312 SI 23 4 N Y Y 16.73333 5R 99 (ill S 316 St 29 6 N Y N 16.7 I AvS(ill S344 SI 29 4 Y N N 16.53333 20 A v S (ill S 320 SI 27 21 N Y N 16.35 21 Av SW (ill SW 336 StI SW Campus Dr 27 15 Y N N 15.85 SR 99 (ill S 304 SI 27 8 Y N N 15.26667 SR 99 (ciJ S 308 SI 27 8 y N N 15.26667 11 PI S (ill SR 509 21 0 y N Y 14.8 23 Av S @ S 322 SI 24 26 N Y N 14.36667 14AvS (tiJ, S 312 SI 26 4 N y N 14.13333 23 Av S @S316S1 26 4 N y N 14.13333 21 AvSW(tiJ,SR509 20 0 y N Y 14 I WySCjiJBPA Tr 25 4 N N Y 13.33333 23 Av S (iiJ S 314 SI 24 4 N Y N 12.53333 19 Av SW (ill SW Campus Dr 24 4 y N N 12.53333 Militarv Rd S (ill S 288 St 24 3 N Y N 12.45 SR 99 (ill S 276 SI 29 11 N N N 12.11667 SR 99 (ill S 330 St 28 10 N N N 11.23333 9AvS(alS348 St 28 8 N N N 11.06667 26 Av SW (ciJ SW 320 St 22 4 Y N N 10.93333 I AvS(alS356St 22 4 Y N N 10.93333 I Wy@S336S1 28 4 N N N 10.73333 I AvSra S 320 St 20 19 N Y N 10.58333 20 Av S il S312 St 21 4 N y N 10.13333 18AvS il S 288 SI 21 0 N Y N 9.8 SR 161 C< S 352 St 27 2 N N N 9.766667 20 Av S S316 St 20 6 N Y N 9.5 I AvS@ S 348 St I SW Campus Dr 26 8 N N N 9.466667 Weverhaeuser Wv S tal S 320 St 26 4 N N N 9.133333 9 AvSra S 336 St 25 4 N N N 8.333333 20 Av S S 314 St 19 0 N Y N 8.2 32 Av S S 320 St 24 4 N N N 7.533333 16AvS il S 356 St 18 0 Y N N 7.4 SR 99 @ SR 509 23 8 N N N 7.066667 21 Av SW (ill SW 320 St 22 IS N N N 6.85 8AvSW(iiJSR509 23 4 N N N 6.733333 I A v S (al S 325 PI 23 4 N N N 6.733333 I AvS@S330St 23 4 N N N 6.733333 21 Av SW (al SW 334 St 16 11 Y N N 6.716667 8AvS(Q)S312St 22 4 N N N 5.933333 8AvS@S312St 22 4 N N N 5.933333 10 Av SW tal SW Campus Dr 22 4 N N N 5.933333 16Av SI Redondo Wy S (ill SR 509 16 0 N N Y 5.8 21 Av SW tal SW 344 St 21 12 N N N 5.8 21 Av SW (al SW 325 PI 21 11 N N N 5.716667 8 A v S (al S 320 St 20 19 N N N 5.583333 Hoyt Rd SW @ SW 340 St 21 8 N N N 5.466667 35AvSW(alSW340St 20 6 N N N 4.5 21 Av SW (al SW 356 St 20 6 N N N 4.5 I AvS(illS312St 20 4 N N N 4.333333 Military Rd S (ill S 304 St 20 3 N N N 4.25 2IAvSW@SW348St 20 2 N N N 4.166667 SW Cam us Dr (ill SW 346 St 19 4 N N N 3.533333 SR 161 (( S 356 St 18 2 N N N 2.566667 1 WvS(( S 333 St 16 4 N N N 1.133333 20 Av S @ S 336 St 16 4 N N N 1.133333 16AvS illS344St 16 2 N N N 0.966667 Militarv Rd S (al S Star Lake Rd 15 3 N N N 0.25 COUNCIL MEETING DATE: September 4, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FLASHING YELLOW ARROW TRAFFIC SIGNALS FOLLOW-UP POLICY QUESTION: Should the City Council authorize further implementation of flashing yellow arrow traffic signals? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 6, 2007 CATEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~~~~!>.2~!l.:l'y':...~i~~!'~E~~~...~:~:~g~!X_I~~f1}.~.~~g~!l~.~~..... . DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated August 6, 2007. Options Considered: 1. Continue evaluating the existing flashing yellow arrow installation prior to implementing additional installations. 2. Implement the staff proposal to: a. transfer the remaining fund balance to a Flashing Yellow Arrow Signal Modification account; b. implement flashing yellow arrow indications as funds allow, as ranked; and c. use flashing yellow arrow displays for future protected/permitted signal displays. 3. Discontinue the use of the flashing yellow arrow display. STAFF RECOMMENDATION: Staff recommends forwarding Option 2 to the September 4 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: eM Committee Council Council COMMITTEE RECOMMENDATION: Forward the staff recommendation to the September 4, 2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "] move approval of the staff recommendation to transfer the remaining fund balance to a Flashing Yellow Arrow Signal Modification account; implement flashing yellow arrow indications as funds allow, as ranked; and use flashing yellow arrow displays for future protected/permitted signal displays. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 6, 2007 Land Use and Transportation Committee Neal Beets, City Manager Rick Perez, P.E., City Traffic Engineer ~ Flashing Yellow Arrow Follow-Up POLICY QUESTION: Should City Council authorize further implementation of flashing yellow arrow traffic signals? BACKGROUND: On June 20, 2006, City Council authorized the implementation of a flashing yellow arrow traffic signal modification at the intersection of 9th Avenue Sand S 336th Street as a pilot' project, and reservation of remaining funding to be used for any future implementation of flashing yellow arrow installations pending a follow-up study of its effectiveness. The flashing yellow arrow installation was completed in November 2006. The final cost was $27,374, leaving $94,935 in ending fund balance. Initial citizen response was mostly positive, with some calls from citizens concerned that they were interpreting the new displays correctly. One negative e-mail was directed at the fact that we were unable to complete the conversion prior to the evening peak hour. Since that time, comments have continued to be mostly positive, with some requests for more widespread implementation, and one comment expressing confusion about the display. Collision history, although limited, has also been positive. The intersection averaged 3.75 reported collisions from 2003 through 2005. In the 6 months following the conversion, only one collision was reported (a 47% reduction in collision rate) and, based on the collision report, it does not appear to be related to any confusion regarding the signal indication. Delay and queue reduction has been significant, although that would have been expected with any protected/permitted left-turn phasing treatment and is not specific to the flashing yellow display. Based on this information, staff considers the flashing yellow arrow implementation successful, and recommends that the remaining funding be transferred to a new Flashing Yellow Arrow Signal Modification capital project account for additional installations. This account could also be used as a match for federal safety improvement grants for more widespread implementation. Staff also anticipates using flashing yellow arrow displays for all new protected/permitted phasing applications with dedicated left- or right-turn lanes. Flashing Yellow AlTow Follow-Up August 6, 2007 Staff has evaluated intersections for future implementation based on evening peak hour delay reduction and ranked the intersections in the attached spreadsheet. Based on the remaining fund balance, staff estimates the three or four top-ranking intersections could be completed with the remaining fund balance, as follows in priority order: 1. SR 99 at S 31 ih Street eastbound and westbound 2. 1 st Way S at S 336th Street northbound and southbound 3. 1 sl Avenue S at S 31 ih Street, all directions 4. Military Road S at S 288th Street, northbound and southbound. Staff proposes to implement these signal modifications in this order until the fund balance is expended. Flashing Yellow Arrow Follow-Up August 6, 2007 I FLASHING YELLOW ARROW CONVERSION PRIORITY ~ SR 99 @ S 312 St 50.2 35.7 28.88% 4008 58116 Too many opposinQ lanes OK 1 Wy S @ S 336 St 41.1 31.2 24.09% 3938 38986 OK Split phase required Military Rd S @ S 288 St 39.4 30.8 21.83% 3032 26075 OK Limited siQht distance 1 Av S @ S 312 St 34.2 25.9 24.27% 2841 23580 OK OK 11 PI S @ S 320 St 49.5 45.0 9.09% 3882 17469 Split phase required OK SR 509 @ SW 312 St 40.9 32.9 19.56% 1991 15928 OK No left-turn lane 21 Av SW @ SW 336 St / SW Campus Dr 46.4 44.8 3.45% 4640 7424 OK OK 1 Wy S @ S 333 St 11.2 8.3 25.89% 2419 7015 OK No left-turn lane 6 Av SW @ SW Campus Dr 7.7 5.5 28.57% 3031 6668 No left-turn lane OK 8 Av S @ S 320 St 10.5 8.8 16.19% 3867 6574 No left-turn lane OK SR99@16AvS/S340St 8.7 6.1 29.89% 2383 6196 OK No opposing thru 20 Av S @ S 336 St 31.7 29.0 8.52% 2122 5729 OK OK Hoyt Rd SW av. SW 340 St 33.1 31.0 6.34% 2644 5552 OK OK 8Av SW @ SW 356 St 7.4 4.9 33.78% 2198 5495 No left-turn lane OK SR 99 @ S 316 St 19.9 18.8 5.53% 3582 3940 Too many opposinQ lanes OK 11 PI S av. S 324 St 23.9 21.9 8.37% 1324 2648 OK No opposing thru 19 Av SW @ SW Campus Dr 14.2 13.3 6.34% 2883 2595 OK OK 1 Av S @ S 320 St 55.6 55.1 0.90% 5172 2586 OK Limited sight distance 8AvSav.S312St 10.9 9.5 12.84% 1586 2220 No opposing thru OK 16 Av S / Redondo Wy S @ SR 509 10.9 9.8 10.09% 1856 2042 Limited siQht distance OK SR 99 @ S 276 St 4.7 4.0 14.89% 2862 2003 Too many opposing lanes OK 20 Av S @ S 320 St 30.1 29.6 1.66% 3653 1827 OK Too many opposinQ lanes 8 Av S @ S 312 St 8.6 8.1 5.81% 1726 863 No opposinQ thru OK Weyerhaeuser Wy S av. SR 18 WB 17.7 17.4 1.69% 2424 727 OK No opposinQ thru Military Rd S @ S 304 St 20.5 20.2 1.46% 2155 647 OK Split phase required 14 Av S av. S 312 St 12.2 12.0 1.64% 1727 345 Split phase required OK 18 Av S @ S 288 St 5.2 5.0 3.85% 1382 276 No left-turn lane OK 21 Av SW av. SR 509 7.7 7.6 1.30% 1915 192 OK Solit ohase required COUNCIL MEETING DATE: September 4,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008-2013 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should the City approve the proposed 2008-2013 Transportation Improvement Plan? COMMITTEE: Land Use/Transportation MEETING DATE: August 6, 2007 CATEGORY: D Consent D City Council Business D Ordinance D Resolution !3J D Public Hearing Other ~!~~!.!~~2~!~y':~i~.~..I>.~!~;?;,...I>..:.~.:.,....<:::iry!~~[f'i~..~1.?:g~1.?:~~~.mm...............m......... ..... m........................~~~~:..~~?~~~...'!!.?~~s...... .....m... m.......... Attachments: 1. Staff report with exhibits to the LUTC dated August 6, 2007. Options Considered: 1. Adopt the proposed 2008-2012 Transportation Improvement Plan. 2. Amend the proposed 2008-2012 Transportation Improvement Plan. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Committee Council Council COMMITTEE RECOMMENDATION: Forward staff recommendation to the September 4,2007 City Council Public Hearing Agenda. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: HI move approval of the resolution adopting the 2008-2012 Transportation Improvement Plan. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 6, 2007 Land Use and Transportation Committee Neal Beets, City Manager Rick Perez, P.E., City Traffic Engineer fl(j? 2008-2013 Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the September 4, 2007 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Revised Plan: Attached for your review and comment are the proposed 2008-2013 TIP and ASIP (Exhibit A), a location map (Exhibit B), and a draft resolution for adoption (Exhibit C). The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan TP81, which reads, "Prioritize transportation projects considering concurrency, safety, support for non-SOV modes, environmental impacts, and cost effectiveness." The scoring criteria as established for Transportation TIP/CIP Prioritization ranked each project. Staff also reviewed and analyzed available grant-eligible programs suitable for project programming. The proposed plan does not significantly differ from the previous year's plan; changes should be noted as completed projects and updated costs to current year 2007. It should be noted that costs are currently increasing at a rate far greater recently than our historical 3% average. The revised cost estimates reflect significantly higher costs to reflect assumptions of higher cost increases in the foreseeable future. Two new projects are being proposed. Comvleted Pro;ects: . 21 st Ave SW / SW 357th St: SW 356th St - 22nd Ave SW, extends a two lane collector and provides signal modifications. . SR 18 @ SR 161, adds eastbound and westbound right-turn lanes, a third westbound left-turn lane, a second northbound right-turn lane, and adds a third lane on SR 161 southbound to S 352nd St. 2008-2013 TIP August 6, 2007 Projects with Modified ScoTJe . Ith Ave SW / SW 344th Street Extension: SW Campus Driver - 21st Avenue SW, extends 3-lane collector. Ith Avenue SW improvements are being constructed by development, leaving a southbound right-turn lane to be constructed at the intersection of loth Avenue SW and SW Campus Drive, and the segment of SW 344th Street between 12th Avenue SW and 19th Avenue SW to be constructed. . SW 336th Way / SW 340th St: 26th PI SW - Hoyt Rd SW, widening to 5 lanes. The project is modified to construct a new traffic signal at 26th PI SW to address concurrency needs. New Projects . SR99 @ SW 31th St, adds a second northbound left-turn lane. This project was approved as part of the mitigation package for the City Center Planned Action. . 21st Ave SW @ SW 336th St. This project provides intersection widening to add left-turn lanes on all approaches and a westbound right-turn lane. Alternative Intersection Concepts In response to Council concerns about the long-term viability of large intersection and corridor widening projects, staff has also been reviewing alternative concepts to improve roadway capacity without major intersection and corridor widening. One of the more promising concepts is a variation on a Median U-Turn Intersection Treatment (MVTIT), aka "Michigan Left''. In this alternative, left-turn movements are prohibited at the intersection and are accommodated by V-turns approximately 600-1000 feet downstream, followed by right-turns at the intersection. This has been used near Detroit MI for 40 years, but with wide (40-60 foot) medians. However, Maryland and North Carolina are beginning to implement the concept with narrower median treatments, and staff sees some potential to implement the concept to address some larger intersections. Advantages of the Michigan Left treatment are reduced pedestrian crossing distances, costs, collision rates, delays, and congestion. Disadvantages are informing drivers to use it properly, signal spacing making it difficult to achieve good coordination, and left-turn access restrictions at driveways within the treated area. Staff proposes to provide a staff report in the future to more fully explore the viability of the Michigan Left concept in Federal Way. EXHIBIT A Map IDe. I ------------[ocatTon 1a ib iC '2 1 SR 99 HOV Lanes Phase 3: S 2841h SI SR 22.~ 3 .. '5 i '7 8 1 10th Ave SW I SW 3441h St SW Campus Dr 21s1 ~ve 5W _ 10 11 12 SR 99 HOV Lanes Phase 4: 5R 509 S 3121h 5t 13 SR 99 14 SW31 15 5356tl 16 S 304th St 28th Ave S 17 S 352nd 51: SR 99 - SR 161 18 SW 320tl1 51 21sl Ave SW 19 S 3201h Sf: 1st Ave S - 8th Ave S 20 Military Rd 5: S Star Lake Rd - 5 288th 5t 21 SW 320th St 47th Ave 5W 22 S 312th St 28th Ave S 23 SW 3361h Wy / SW 340th St 26th PI SW - Hoyt Rd Subtotal Capital Pro'eets Map 10 Location 24 5 3141h 51: 20th Ave S - 23rd Ave 5 25 1st Ave 5: S292nd5t-$312thSt Subtotal Non-Motorized Capital Proiects TOTAL CAPITAL PROJECT COSTS Draft 25 Jul 07 Draft 08 TIP_xis 7/31/2007 DRAFT TRANSPORTATION IMPROVEMENT PLAN (TiP) - 2008 TO 2013 CAPITAL PROJECTS Description Design Study. Environmental analysis to improve acc:ess to City Center Add 2nd S8 left-turn lane, 3rd S8 right-turn lane Widen 5 320th $1 bridge over 1-5, realign loop ramp and NO off-ramp Add HOV lanes. 2nd SB left.turn lane @ 288th, install raised median, signal @ SR 509 @ Redondo Wy 5 with interconnect 10 11th PI S Add HOV lanes, install raIsed median, underground utilities Add 2nd teft-tum lanes, we, NB, S8 righl.turn lanes, widen 1st Ave 5 to 51aoesto $ 316th St Add we thru lane, EB, NB 2nd left.turn lanes Add HOV lanes, install raised median, underground utilities, illumination Add 5B, WB, righi-turn lanes, 2nd EB, WB left-turn lanes Extend 3-lane collectors. sidewalks, streetlight::;, add SB right-lurn lane at SW Campus Dr Install raised median. Improve access at 328th Add 2nd left-turn lanes EB, WB Add 2nd left-turn lanes all approaches, WB right-turn lane Add HQV lanes, install raised median Add 2nd left-turn lane NB Add EB, WB left-turn lanes WIden to 5 lanes, bike lanes, sidewalks, illumination Add NB right-turn lane, signal Extend 3 lane principal collector and signal at SR.99 Add 2nd we left.turn lane, Interconnect to 26th Ave SW Add HOV lanes, install raised median Widen to 5 lanes, sidewalks, streetlights Inslalltrafficsignal Add S8 right-turn lane Widen to 5 lanes, add -sl!irii'lTat 26th PI 5W NON-MOTORIZED CAPITAL PROJECTS Description Install sidewalks, ADA ramps, ~urbs & gutter, pedestrian improvements Shoulder improvemenls Ye-ar 2007 Costs in $ thousands Previous Years T 2007 T 206ouT 2009 2010 2011 2012 2013 Total 5a~ 2a~ 1.4a~ 1,4021 3,500 2,850 2,850 3,700 8,100 8,821 20,621 5.000 8,200 8,800 22,000 300 600 6,862 7,762 45. 1,260 10,890 12,600 2.760 4,758 7,518 676 1,093 4,996 8758 15,523 100 500 2.970 1,830 5,400 546 546 4,342 5,434 1,800 1,800 5,760 5,760 1,235 1,235 9878 12,348 2,350j 2.3501 7.3001 7,300 5,648 24,948 857 857 6854 8,568 370 3,326 3,696 871 871 6,970 8,712 2,148 2,148 1,0001 4.2a~ 5,200 4,320 4,320 1,130 5,633 8760 15,523 1,307 1,307 10,454 13,068 360 360 7861- 1,0921- 54. 540 5,899 7535 15,312 _,11ili ff."501'" 25,54or 24,459 33,830 38,841 38,810 43,071 225,511 Year 2004 Costs In $ thousands Previous Years 2006 2007 2008 2009 2010 2011 2012 Total 1,980 1,980 2,640 2.640 1,980 0 2,640 0 4,620 9,1101 11,fl501 25,5401 24,4591 35,810 43,071 230,131 EXHIBIT A Map r Costs in $ thousands ID** Location 2010 2011 2012 2013 Total 1a City Center Access Phase 2 I 3,500 1b City Center Access Phase 3 2,850 2,850 1c City Center Access Phase 4 3,700 8,100 8,821 20,621 2 SR 99 HOV Lanes Phase 3: S 284th St - SR 509 22.000 3 S 348th St: 9th Ave S - SR 99 7,762 4 S 320th St@ 1st Ave S I 10,890 12,600 5 SR 99 @ S 356th St 7,518 6 S 320th St: 8th Ave S - SR 99 676 1,093 4,996 8758 15,523 7 S 348th St @ 1st Ave S I 1,830 5,400 8 10th Ave SW / SW 344th St: SW Campus Dr - 21st Ave SW i 546 4,342 5,434 9 1st Ave S @ S 328th St ) 1,800 10 S 320th St@ 20th Ave S 5,760 5,760 11 21st Ave SW @ SW 336th St 1,235 1,235 9878 12,348 12 SR 99 HOV Lanes Phase 4: SR 509 - S 312th St I 7.300 5,648 24,948 13 SR 99@S312thSt , 857 857 6854 8,568 14 SW 312th St @ SR 509 i 3,696 15 S 356th St: SR 99 - SR 161 871 6.970 8.712 16 S 304th St@ 28th Ave S 2,148 2,148 17 S 352nd St: SR 99 - SR 161 I 5,200 18 SW 320th St@ 21st Ave SW 4,320 4,320 19 S 320th St: 1 st Ave S - 8th Ave S 1,130 5.633 8760 15,523 20 Military Rd S: S Star Lake Rd - S 288th St 1,307 1,307 10,454 13.068 21 SW 320th St@47thAve SW 360 360 22 S 312th St@ 28th Ave S 540 540 23 SW 336th Wv / SW 340th St: 26th PI SW - Hoyt Rd , 1,092 5,899 7535 15,312 Subtotal Capital Projects I 33,830 38,841 38,810 43,071 225,511 Map I Costs in $ thousands ID Location I 2009 2010 2011 2012 Total 24 S 314th St: 20th Ave S - 23rd Ave S I 1,980 1,980 2.5 1st Ave S: S 292nd St - S 312th St I 2,640 2,640 Subtotal Non-Motorized Capital Projects I 1,980 0 2,640 0 4,620 TOTAL CAPITAL PROJECT COSTS II 35,810 I 38,8411 41,4501 43,071 230,131 Draft 25 Jul 07 Draft 08 TIP.xls 7/31/2007 \ City of Federal Way \2008-2013 Transportation Improvement Plan Legend . IntersectiOn Improvement _ Corridor Improvement _ Non-MotoriZed Improvement \MaIl Date: JulY. 2007 CitY of Federal Wsti, 33325 8th Ave S. PO SOx 9718 Federal Wsti, WA 98063 (253) 835-7000 ... ... ~ 1.2 N =:1_ A Federal Way ~"'a.", ThiS map is acc:ompanied by no warrries. and is simply a grapNe repreeentaliOn. ~~T .....,........ EXHIBIT C RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AN EXTENDED AND REVISED TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN FOR 2008-2013, AND DIRECTING THE SAME TO BE FILED WITH THE WASHINGTON STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. (AMENDS RESOLUTION 91-67, 92-117, 93-155, 94-186, 95-210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-433, 05-451, and 06-481). WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated its Transportation Improvement Program ("Program") on October 19, 1993, by its passage of Resolution No. 93-155; and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 4, 1994 (Resolution No. 94-186); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 1995 (Resolution No. 95-210); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 16, 1996 (Resolution No. 96-236); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 1, 1997 (Resolution No., 97-258); and RES # , PAGE 1 WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 7, 1998 (Resolution No., 98-273); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 1, 1999 (Resolution No., 99-299); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 20, 2000 (Resolution No., 00-316); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 17, 2001 (Resolution No., 01-343); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 18, 2002 (Resolution No., 02-365); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 15,2003 (Resolution No., 03-391); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on November 2, 2004 (Resolution No., 04-433); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 19, 2005 (Resolution No., 05-451); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 18, 2006 (Resolution No., 06-481); and WHEREAS, the City Council of the City of Federal Way has reviewed the work accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and RES # , PAGE 2 WHEREAS, a public hearing was held on the revised Transportation Improvement Program on September 4, 2007, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation Improvement Program and an Arterial Street Improvement Plan for the ensuing six calendar years; and WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually reVIse and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEP A Responsible Official has adopted the DNS Federal Way File 06-101947 SE, as amended, issued for the City's 2008 - 2013 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) which includes the extended and revised projects contained in the TIP adopted herein; and WHEREAS, adoption ofthe City's 2008 - 2013 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) adopted herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6) RES # , PAGE 3 MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. LAURA HATHW A Y, CMC RES # , PAGE 4 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. RES # ,PAGE 5 COUNCIL MEETING DATE: August 7, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CODE COMPLIANCE REPORT POLICY QUESTION: THIS REPORT IS INFORMATIONAL TO THE COUNCIL REGARDING CODE COMPLIANCE ISSUES AND FUTURE ACTIONS ON A PARTICULAR CODE COMPLIANCE CASE AND ON NUISANCE PROPERTIES IN GENERAL. COMMITTEE:LUTC MEETING DATE: 8/6/07 CATEGORY: D Consent D City Council Business Ordinance D Resolution D X Public Hearing Other ST AFF REPORT By: KATHY DIRECTOR DEPT: Community Development Attachments: See staff report attached Options Considered: N/A STAFF RECOMMENDATION: Jnfor nly CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal Way Memorandum DATE: July 31, 2007 To: Land Use and Transportation Committee Katliy McClung, Community Development Director t~\(..; FROM: RE: Code Compliance Issues MEETING DATE: August 7, 2007 At the council meeting of July 17,2007, council members requested a report on the code violation at 2316 SW 325th Street, reported to them by citizens during the public comment period. This property has been a chronic problem that we have had a difficult time resolving for a number of reasons. However, the system we have in place with code compliance officers works about 90 percent of the time. Code compliance officers first work with the property owner through mutual cooperation. If that doesn't work then a Notice and Order to Correct Violation (Notice and Order) is issued, and/or a Violation Agreement is executed. History The property in question at 2316 SW 325th Street is in serious disrepair and has been a code compliance issue since 1993. The owner has a history of broken promises and has let the property get progressively worse and it is now not only an eyesore, but also a health hazard. Originally, the complaints were regarding moss on the roof and junk cars parked in the driveway. Back in the early 1990's the code compliance officer had marginal success getting the property owner, Mr. Hoban, to remove the junk cars and repair storm gutters, etc. In 1996, the first Notice and Order was issued to the property owner. At that time, additional junk and appliances were in the yard, vegetation was overgrown, and the water service was discontinued. The property owner claimed that an injury was preventing him from taking care of the problems and he did not have the funds to hire someone to take care of it. The property owner has continued to neglect the property. The property is totally overgrown with blackberry vines, trees, and other vegetation. Now an oversized RV is on the property and another junk vehicle. Code Compliance Officer Greg Vause has investigated the complaints and found that about $40,000 has accrued in fines and was turned over to collection in 2005. The property owner has told city staffthat he is ill and can't maintain the property. Greg also had King County Health Department staff accompany him on a recent visit and he agreed there was a health problem and will support the City with any compliance action. Obstacles 1. The biggest obstacle the city has is that once a citation is issued and the property owner refuses to resolve the violation, we have been unsuccessful at resolving the enforcement issue. Regardless of the fines that accrue, and even if we are successful at collecting the fines, the property still is an eyesore. 2. The city has not adopted the exterior property maintenance portion of the International Property Maintenance Code (IPMC). Without this section of the IPMC, or another similar code, city staff has not been able to enforce maintenance of overgrown vegetation. 3. The city adopted junk vehicle regulations in November oflast year, which clarifies when there is ajunk car violation. The procedures for removing the vehicles has not been put in place and have been delayed because of the vacancy of all our code compliance positions, the building official, and the attorney that was advising the department. Currently, we are aware of around 25 sites with outstanding junk car violations. Some of those are new cases and will most likely be resolved without special abatement procedures. Staff has been working with the City Attorney's office to establish procedures to remove the cars. The City Attorney's office has researched procedures used in other jurisdictions and has recommended one that is successfully used in Pierce County. 4. In the past, we have relied on the Washington State Patrol to sign the papers that verify that the car is ''junk'' so it can be towed by a junk hauler. The state patrol has cut this service to jurisdictions. The code compliance staff has arranged training for the end of August from the Washington State Patrol, where they will receive the certification needed. Options 1. City staffis going to review the code compliance procedures and recommend some changes for all compliance cases to make the process as streamlined as possible and more effective. 2. The building official will be bringing the IPMC to the council within the next month in order to make any city amendments to the code from the recently state adopted 2006 IPMC. One option will be to adopt the noxious weed portion, which has to date been an exception in Federal Way. In the meantime, the staffwill prosecute based on the rodent harborage section of the IPMC. Next Steps 1. Code compliance staff issued a current Notice to Abate for the junk vehicle and a Notice of Violation for the other violations to the property owner on the Hoban case this week. This will start the new procedures the City Attorney's office is recommending and will use the rodent harborage section of the IPMC for the first time. Below please find a brief overview of the recommended procedures implementing Ordinance Number 06-534 (Junk Vehicles), which will be used in response to the recent Citizen Action Requests. The procedures outlined below are modeled after a program recently developed by the Pierce County Prosecutor's office which has proven to be very successful. LUTC Memorandum Code Compliance Issues Meeting Date: August 7, 2007 Page 2 Abatement of Junk Vehicles A. Serve a "Notice of Violation and Abatement" via certified mail to both the property owner of record and the vehicle's last registered owner of record, if the vehicle's owner's identity can be determined and that person is different from the property owner. I. The "Notice of Violation and Abatement" shall provide that a hearing may be requested within 15 days and that if no hearing is requested, the vehicle will be removed. B. Once the period (15 days) to request a hearing has expired, a letter will be sent to property owner and vehicle's last registered owner of record, if applicable, indicating that the city will commence superior court proceedings to abate the violation, unless the property owner enters into a Right of Entry Agreement with the city authorizing the city to abate the violation(s) and recover costs of abatement. C. If the property owner fails to enter into Right of Entry Agreement within ten days, the case will be forwarded to the City Attorney's office for filing in superior court. D. File Complaint for Abatement of a Public Nuisance in superior court and subsequent pleadings in order to obtain a preliminary injunction, warrant of abatement, and judgment for costs and attorneys fees. Pierce County stated that approximately 90% of junk vehicles reported were removed by either the property owner or registered owner following receipt ofthe "Notice of Violation and Abatement." An additional 8% of junk vehicles are removed following receipt of the letter indicating that the County will commence proceedings in Superior Court to abate the violation. Of this 8% some vehicles are voluntarily removed by the property owner or registered owner, others are removed by the County pursuant to a Right of Entry Agreement. Based on Pierce County's experience, only 2% of junk vehicle cases require filing a complaint in Superior Court in order to obtain a warrant of abatement to remove the vehicle. 2. Code compliance staff are finding qualified junk haulers and property clean up companies so that we are ready to proceed when we have all other procedures in place. 3. Staffwill review our current code and procedures and bring forward any code change recommendations to the council for direction at the first LUTC meeting in September. The code compliance program has not been as aggressive and efficient as we would like. Now that the code compliance and building official positions are filled, and Proposition #1 added an additional code compliance officer and part time attorney to work with the code compliance program, we are ready to add the tools needed to accomplish the council's goals of cleaning up the city's neighborhoods. LUTC Memorandum Code Compliance Issues Meeting Date: August 7, 2007 Page 3