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LUTC PKT 09-11-2000 ...... . on .......... ~U~/Tra · :....:... · Eafid:. nsportaU iCo mittee ?.''' 5:30 pm " ::.' "~:.~;:!.'.".'."' .' '.;' ;,.i...:. :!.'..i '. · . ":..'' Cit~ ··Hall Counci.!..'Chambers 2. 3. 4. CALL TO ORDER MEETI'NG AGENDA Approval of Minutes of the August 7, 2000, Meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS 2000 Comprehensive Plan Amendment Process - Selection Process Tresden Place Preliminary Plat Transit Pullouts on SR99 and South 320th Street SR 99 - South 312th Street to South 324th Street Improvement Project & 85% Design Status Report E. Sound Transit Update Fo Commute Trip Reduction(CTR)/Congestion Management Air Quality (CMAQ) Grant Acceptance FUTURE MEETING AGENDA ITEMS. SWM/CIP West Hylebos Channel Stabilization 2000 King County Comprehensive Plan Update Blue Ribbon Report (September 25) Windswept Preliminary Plat (October 2) 6. ADJOURN Action Clark/15 min Action Michaelson/l$ min Action Perez/20 min Action Salloum/15 min Info Perez/5 min Action Perez/10 min Committee Members: Phil Watkins, Chair Jeanne Burbidge Dean McOo/gan City Staff: Stephen C//fton, D/rector, Community Deve/opment Services Sandy Ly/e, Administrative Assistant 253.661,4116 I:\LU-TRANS\Sept 11, 2000 LUTC AGN.doc August7,2000 5:30 pm City:of Federal Way ,,. City Council Land Use/Transportation Committee City Council Council Chambers MEETING SUMMARY In attendance: Committee members Phil Watkins, Chair, Jeanne Burbidge; Deputy Mayor Linda Kochmar; City Manager David Mosely; Director of Community Development Services Stephen Clifton; Public Works Director Cary Roe; Assistant City Attorney Bob Sterbank; Director of Management Services Iwen Wang; Senior Planner Margaret Clark; Assistant to the City Manager Derek Matheson; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Watkins called the meeting to order at 5:35 pm. 2. APPROVAL OF MINUTES The minutes of the July 17, 2000, meeting were approved as presented. 3. PUBLIC COMMENT There was no public comment on any item not included in the agenda. 4. BUSINESS ITEMS 11th Place South Storm Drain Replacement Bid Award - A routine maintenance cleaning of the existing 48" diameter corrugate metal pipe under 11th Place south between South 320th Street and South 323rd Place revealed that the pipe has collapsed in two areas and all the pipe joints are disconnected and/or separated. Seven bids were received for the 11th Place South Drainage Improvements Project. The Committee m/s/c recommendation to the City Council at its September 4, 2000, meeting to award the project to the lowest responsive bidder, C. A. Goodman, in the amount of $80,401.00 with a 10% contingency of $8,400.10. Miscellaneous Code Amendments - In 1997, Land Use Codes were changed to comply with requirements of HB 1724. Many other changes that should have taken place in order to be consistent were not incorporated into the amendments. The Federal Way City Code (FWCC) Text Amendments proposed basic housekeeping changes to incorporate previously unchanged miscellaneous code references. The Committee m/s/c to the City Council at its next meeting recommendation of approval of those miscellaneous code amendments. Co PAA - Cost Estimate - The intent of the comprehensive planning process is to allow the City to make informed decisions regarding development and annexation of the Planned Annexation Areas (PAA). Consistent with the Federal Way comprehensive Plan, as portions of the PAA annex, they will be provided with the same levels of service enjoyed by areas inside Federal Way, while at the same time maintaining current Citywide service levels. The costs of resolving existing levels of service and infrastructure deficiencies are anticipated to be relatively costly in the PAA. Given the anticipated costs of resolving the existing deficiencies and providing services to the PAA and the relatively low anticipated tax revenues, it is possible that annexation under the current zoning designations and tax structure will be revenue neutral for the City of Federal Way. However redesignation of areas of the PAA for higher intensity land uses many not be feasible due to the surface water and environmental constraints of the PAA. Further, it is anticipated that many PAA residents will have negative perceptions regarding annexation to the city of Federal Way based on the potential for increased taxes and the character of the PAA as a "rural" area. These concerns regarding annexation are typical of unincorporated areas adjacent to cities. Both residents of the PAA and the City Council desire a comprehensive approach to planning and zoning the PAA whereby all parcels in the PAA will be reviewed concurrently with full citizen involvement. Phase II of the PAA Study is to develop a comprehensive plan for the Federal Way PAA. This Comprehensive Plan would ensure orderly annexation of this unincorporated urban growth area consistent with the Countywide Planning Policies (CWPPs), the King County Comprehensive Plan, and the Federal Way Comprehensive Plan and to be incorporated into the Federal Way Comprehensive Plan at a later date. FWSD Capital Facilities Plan/School Impact Fee - The updated Capital Facilities Plan contains the consistent but more detailed information related to school capacity and the calculation of the proposed school impact fee increase. The new fees, effective January 1, 2001, are $2,710 per single-family dwelling unit and $830 per multi-family dwelling unit. This is a $327 or 13.7% increase for single family, and $44 or 5.6% increase for multi-family units from the 2000 level. The Committee m/s/c the draft Federal Way School District 1999/2000 Capital Facilities Plan and proposed impact fee to full Council approval with implementation of the proposed fee subject to the State Supreme Court's decision on 1-695. Eo Amendments to Countywide Planning Policies - The Committee agreed that individual cities should respond to evaluations by outside agencies of their jurisdictions. They agreed, especially in regard to housing targets and buildable lands, that the Growth Planning Management Council (GMPC) should not dictate to jurisdictions. The Committee pointed out that the topics of buildable lands and housing targets are still a work in progress. The Committee m/s/c approval of a special Land Use Transportation Committee meeting of the whole at 5:30 pm on Monday, August 14, 2000, to vote on the Countywide Planning Policies (CPP). Their concern was to ensure that their ideas and concerns were included in the final draft of the CPPs, due by August 21, 2000. Planning Commission Work Program Status - The Committee reviewed the status of each item on the 2000 Planning Commission Work Program. Wellhead Protection, Transportation Impact Fees and Endangered Species Act remain "on hold" status awaiting completion of work by outside agencies. FUTURE MEETINGS Due to the Labor Day Holiday, the next meeting will be held in Council Chambers at 5:30 pm on September 11, 2000. ADJOURN The meeting adjourned at 7:05pm. I:~LU-TRANS~.ugust 7,00 LUTC sum.doc CITY OF FEDERAL WAY MEMORANDUM September 11, 2000 To: FROM: VIA: SUBJECT: Phil Watkins, Chair Land Use/Transportation Committee (LUTC) Stephen Clifton, AICP, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner ~ David M h~~~ianager 20 C P U t 00 ompre ensive lan pda e BACKGROUND A formal process for updating the comprehensive plan and development regulations was adopted in March 1999. This process sets up a yearly deadline of September 30 to submit applications for amendments. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to consider for adoption. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee, before Council deliberation. Changes and updates to the comprehensive plan can be divided into updates to chapters and requests for changes to comprehensive plan designations and zoning for specific parcels. A. Updates to Chapters The City is in the process of completing the 1999 Comprehensive Plan Amendments (requests received April 1999). First reading of the ordinance adopting these amendments was August 1, 2000, and second reading was September 5, 2000. In addition, the City is presently accepting requests for the 2001 Update; the deadline for application is September 30, 2000. The 2000 Update will focus on five site-specific requests received in September 1999, and two site-specific requests, which were received in April 1999, but were deferred to the 2000 Update cycle based on the requests of the applicants. The only chapter to be updated as part of this cycle is Chapter 6, "Capital Facilities," based on input from the Law Department. Page 1 of 20 B. Site-Specific Comprehensive Plan Changes (Exhibit A Composite Map) In September 1999, the City received the following five site-specific requests: Request from DMB Consulting Engineers on behalf of the owners of the Goodwin Dental Clinic to change the comprehensive plan designation and zoning of 0.48 acres located north of South 288~ Street and east of Pacific Highway South from Multifamily and RM 1800 (one unit per 1,800 square feet) to Community Business and BC zoning (Exhibit B). Request from Bessie Danilchik to change the comprehensive plan designation and zoning of approximately 22 acres located north of South 304th Street and east of Pacific Highway South from Single Family High Density Residential (RS 7.2 and RS 5.0, Single Family - one unit per 7,200 and 5,000 square feet respectively) and Multifamily Residential (RM 1800 - one unit per 1,800 square feet) to Multifamily (RM 2400 - one unit per 2,400 square feet) (Exhibit C), Request from Roger Cartland on behalf of himself and four other property owners to change the comprehensive plan designation and zoning of 4.91 acres located south of South 304th Street and on both sides of Military Road from Single Family High Density Residential and RS 7.2 (Single Family - one unit per 7,200 square feet) to Community Business (Exhibit D). Mr. Cartland has since sold his property to Linda Peterson of Pat's Plumbing. Request from Jerry Jackson on behalf of himself and others for a City of Federal Way Community Business comprehensive plan designation and BC zoning with a Development Agreement associated with annexation of 27.19 acres located north of SW 320th Street and east of 1-5. The property presently has a King County Comprehensive Plan Designation of Commercial Outside of Office and Urban Residential (4-12 dwelling units per acre) and zoning of Office and R-4 (Residential, four units per acre) (Exhibit E). o Request from Pae Wen Taylor to change the comprehensive plan designation and zoning of 4.26 acres located north of South 356th Street and west of Pacific Highway South from Business Park and BP zoning to Community Business and BC zoning (Exhibit F). Requests deferred from April 1999 based on applicants' request: Request from a number of property owners to change the comprehensive plan designation and zoning of 45°85 acres located south of South 336~ Street and west of Pacific Highway South from Business Park and BP zoning to Community Business and BC zoning and Multifamily (Exhibit G). The properties located east of the wetlands and adjacent to Pacific Highway South are requested to be Community Business and the northern three parcels west of the wetlands are requested to be Multifamily ° Request from the Weyerhaeuser Company to change the comprehensive plan designation and zoning of 49.97 acres located south of South 336th Street and east of Pacific Highway South from Business Park and BP zoning to Multifamily and RM 3600 zoning (one unit per 3,600 square feet) (Exhibit H). Page 2 of 20 II REASON FOR COUNCIL ACTION Pursuant to FWCC Article IX, "Process VI Review," the City Council is required to review all requests concurrently. Further, prior to adoption, the Council is required to hold a public hearing at which time it selects those amendment requests it wishes to consider for adoption based on specific criteria outlined in Section IV of this staff report. III PROCEDURAL SUMMARY September 30, 1999 September 11, 2000 Deadline for Applications LUTC Meeting - A summary of all requests will be presented to the LUTC for determination of which requests should be considered during the upcoming amendment process. IV DECISIONAL CRITERIA The following criteria shall be used in selecting the comprehensive plan amendments to be addressed during the upcoming cycle: Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. 2. Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. 3. Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. 4. In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: 1. Whether the proposed amendment can be incorporated into planned or active projects. Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. 3. Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. 4. Order of requests received. Page 3 of 20 Based on its review of requests according to the above criteria, the Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. V STAFF ANALYSIS AND RECOMMENDATION SITE SPECIFIC REQUEST #1 Parcel: Location: Size: Proponent: Owner: 332204-9109 North of 288~h Street and east of Pacific Highway (Exhibit B) 0.48 acres. DMB Consulting Engineers on behalf of the owners of the Goodwin Dental Clinic Thomas Goodwin & Carl Jacobsen (Goodwin Dental Clinic) Existing Comprehensive Plan Designation: Multifamily Existing Zoning: RM 1800 (Multifamily - one unit per 1,800 square feet) Proposed Comprehensive Plan Designation: Community Business Proposed Zoning: Community Business (BC) DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. Before the City's incorporation, this site had split zoning under King County. The westem half was designated BC (Community Business) and the eastern half was designated RM 900 (Multiple Dwelling). A medical/dental clinic was an authorized use in either zone and the clinic was constructed in 1980. Upon incorporation, the site was zoned RM 1800 (Multifamily - one unit per 1800 square feet) by Federal Way. A medical/ dental clinic is a nonconforming use in this zone. The property is located one parcel to the east of Pacific Highway South. Adjacent uses to the east and west are commercial, and uses to the south of South 288~ Street are commercial and vertical mixed-use (commercial on the first floor with residential above). Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The site has been developed as a medical/dental clinic since 1980. Designating the site as Community Business will not conflict with any polices within the comprehensive plan and due to its area (0.48 acres), a change from multifamily to business should have a minimal effect on the City's land capacity. Page II-17 of the 1998 Federal Way Comprehensive Plan (FWCP) states that, "The Community Business Designation generally runs along both sides of SR-99 from South 272na to South 348t~.'' This site falls within that area. Page 4 of 20 Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws, including the Growth Management Act. The area is already developed with all existing services, and the change would be from one urban designation to another. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response There will be very little analysis necessary to reach a recommendation on this request, as it is an existing use, which is compatible with the adjacent uses. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five new requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received Page 5 of 20 Staff Response This was the second request received. Staff Recommendation: That the request go forward for further analysis. SITE SPECIFIC REQUEST #2 Parcels: Location: Size: Proponent: Owner: 042104-9012 & 042104-9221 North of South 304th Street and east of Pacific Highway South (Exhibit C) 22.16 acres Bessie Danilchik Bessie Danilchik Existing Comprehensive Plan Designation: Single Family High Density Residential & Multifamily Existing Zoning: RS 7.2 (Single Family - one unit per 7,200), RS 5.0 (Single Family - one unit per 5,000 square feet), and RM 1800 (Multifamily - one unit per 1,800 square feet) Proposed Comprehensive Plan Designation: Multifamily Proposed Zoning: RM 2400 (Multifamily - one unit per 2,400 square feet) DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process (1998 Comprehensive Plan Update); however, Parcel No. 042104-9012 (21.8 acres), which makes up the majority of the site, was studied as part of the 1995 Comprehensive Plan Amendment process. At that time, this parcel had a split comprehensive plan designation of High Density Residential and Suburban Residential and zoning of RS 7.2 (Single Family - one unit per 7,200 square feet). Ms. Danilchik requested a multi-family comprehensive plan designation and zoning. The City Council approved a comprehensive plan designation of Multifamily Residential and zoning of RM 1800 (Multifamily - one unit per 1,800 square feet) for the western portion of the property, which borders on Pacific Highway South, and a comprehensive plan designation of High Density Residential and zoning of RS 5.0 (Single Family- one unit per 5,000 square feet) for the eastern portion of the property. Land uses in the immediate vicinity have not significantly changed during the last five years. However, the applicant has stated in their application that the size of the property, its undeveloped state, and proximity to Pacific Highway South has resulted in an attractive nuisance and there is now a marked increase in prostitution, transients, drug traffic, shooting, and dumping of trash. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Page 6 of 20 Staff Response The overall vision of the comprehensive plan is to provide an appropriate balance of services, employment, and housing. In addition, the land use concept envisions promotion of housing in the City's commercial areas close to shopping and employment. Although the site is presently zoned for single family and multi-family development, it has several environmental challenges. As shown on (Exhibit C, Page 1), there is a wetland on the southwestern portion of the site. In addition, there are steep slopes on the eastern and western portions. City staff has conducted several preapplication conferences with interested parties; however, none of the proposed development plans were pursued, based on the costs of development. The applicant has included a letter from Dev Co. Inc., explaining the challenges associated with development of the site (Exhibit C, Pages 3-5). Federal Way Policy LUP9 states, "Designate and zone land for Federal Way's share of regionally- adopted demand forecasts for residential, commercial and industrial uses for the next 20 years." RM 2400 zoning would result in a density of 18 units per acre, as opposed to the presently allowable density of 24 units per acre on the portion adjoining Pacific Highway and eight units per acre on the remainder of the site, and would allow the eastern portion of the site, which has less environmental constraints, to be developed at a higher density then presently allowed. The recent draft City of Federal Way Market Analysis, prepared for the City by ECONorthwest, identifies a shortage of land zoned outright for residential development in terms of meeting regional forecasts, based on historical development. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws, including the Growth Management Act (GMA). In addition, GMA goals include encouraging growth in urban areas, reducing urban sprawl, and providing affordable housing, all of which should be furthered by development of this site. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this, since this is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Page 7 of 20 Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Staff Response Five new requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received. Staff Response This was the first request received. Staff Recommendation: That the request go forward for further analysis. SITE SPECIFIC REQUEST #3 Parcels: 092104-9100; 092104-9096; 092104-9261; 401320-0006; 092104-9220; 092104-9295 Location: South of South 304th Street and on both sides of Military Road (Exhibit D) Size: 4.9 acres. Proponent: Roger Cartland on behalf of himself and four other property owners Owners: Please refer to the following table: Parcel No. Property Owner Acres 092104-9 i 00 Roger Cartland (at time of amendment request) 1.03 acres 092104-9096 Allan Woida 2.25 acres 092104-9261 Robert Robinson 0.46 acres 401320-0006 Vilma Stewart Taylor 0.3 acres 092104-9295 Marilyn Schumacher 0.44 acres 092104-9220 Marilyn Schumacher 0.41 acres Total 4.9 acres Existing Comprehensive Plan Designation: Single Family High Density Residential Existing Zoning: RS 7.2 (Single Family - one unit per 7,200 Proposed Comprehensive Plan Designation: Community Business Proposed Zoning: Community Business BC) Page 8 of 20 BACKGROUND Mr. Cartland was the original proponent. However, Mr. Cartland has since sold his property to Linda Peterson of Pat's Plumbing. Ms. Peterson has signed the application and has indicated that she would like to be part of the amendment request. The City has never received a signed application from Ms. Schumacher. DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. Existing uses in this area include two nonconforming uses--Pat's Plumbing on Parcel No. 092104-9100 and a Sign Shop (Vilma's Signs) on Parcel No. 401320-0006. Based on information provided by the applicant, there have been various nonconforming uses on Parcel No. 092104-9100 for over 20 years (Pages 2-4 of Exhibit D). The City's permit system references Vilma's Signs as an existing business since 1993. Based on existing information, conditions in the immediate vicinity have not significantly changed to make the requested change within the public interest. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The overall vision of the comprehensive plan is to restrict commercial development to the downtown (City Center Core and Frame), to Pacific Highway South, generally between South 272na Street and South 348~h Street, and to the areas found around South 348* Street, approximately between SR-99 and I-5. In addition, there are a dozen nodes of Neighborhood Business located throughout the City. These nodes have traditionally provided retail and services to adjacent residential neighborhoods. Comprehensive Plan Policy LUP48 states, "The City shall limit new commercial development to existing commercial areas to protect residential areas." Changing the comprehensive plan designation and zoning of these six parcels would not be consistent with the overall vision of the comprehensive plan. In addition, the recent draft City of Federal Way Market Analysis, prepared for the City by ECONorthwest, identifies a shortage of land zoned outright for residential development in terms of meeting regional forecasts, based on historical development. It also identifies the City has enough capacity designated for different uses to accommodate the 20- year employment forecast; therefore, there is not a demand for additional commercially zoned land. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws. Page 9 of 20 Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: The request does not meet Criteria No. 2 above; however, the remainder of the criteria will still be addressed. Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response If the Council determines that this request should be analyzed further, the proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received. Staff Response This was the fourth request received. Staff Recommendation: That the request not go forward for further analysis based on Criterion No. 2. Page 10 of 20 SITE SPECIFIC REQUEST #4 Parcels: Location: Size: Proponent: Owners: 092104-9139; 092104-9316; 092104-9187; 092104-9140; 092104-9206; 0921049028; 092104-9310 & 092104-9318 North of SW 320°~ Street and east of I-5 (Exhibit E) 27.19 acres Jerry Jackson. Please refer to following table: Parcel No. Owner Acres 092 ! 04-9139 All-American Homes 9.15 acres 092104-9316 All-American Homes 0.33 acres 092104-9187 Larry Weigel 1.15 acres 092104-9140 Donald J. Henderson 2.28 acres 092104-9206 Arthur Henderson 0.33 acres 092104-9028 William Pruett 5.25 acres 092104-9310 Winchester Investment Corporation 4.6 acres 092104-9318 Youngyul Na 4.1 acres Total 27.19 acres Existing Comprehensive Plan Designation: King County Comprehensive Plan Designation of Commercial Outside of Office and Urban Residential (4-12 dwelling units per acre) Existing Zoning: King County Office and R-4 (Residential, four units per acre) Proposed Comprehensive Plan Designation: Community Business with a Development Agreement Proposed Zoning: Community Business with a Development Agreement BACKGROUND This request for a comprehensive plan and zoning designation of BC with a Development Agreement is associated with a request for annexation of 27.19 acres. The uses to be associated with the Development Agreement are outlined on Pages 3 and 4 of Exhibit E and include a variety of retail uses, commercial recreation uses, office, hotel, and transit-related facilities. The applicant had previously submitted a 10 percent petition for 21.4 acres in September 1999 (Page 2 of Exhibit E). At that time, the City did not accept the 10 percent petition based on outstanding grading related code violations on file with King County. Since that time, the applicant has worked with King County and has obtained a permit to restore the site. This permit was issued on April 6, 2000, and expires one year from that date. The applicant has indicated that the restoration work will be completed between October and December 2000, which is the rainy season and the most appropriate time to perform plant restoration work. Subsequent to receiving permit approval to restore the site from King County, the applicant resubmitted a 10 percent petition, which included more properties than originally proposed. However, this petition has since been withdrawn and a new 10 percent petition, which includes all properties in the comprehensive plan amendment request, is pending. The site is adjacent to the City of Federal Way on both the east and west boundaries. As shown on Page 1 of Exhibit E, there is one property on the southeastern portion of the site that is excluded from the request. This property is owned by Patty Murphy who is on record as saying that she has no objections to annexation; however, she does not desire commercial zoning. Ms. Murphy presently resides on the site. Page 11 of 20 DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area has never been studied before, as the site is not presently part of the City. However, the requested change is within the public interest since this area is part of the Federal Way Potential Annexation Area (PAA) and property to the east has recently been annexed to the City. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan Staff Response The overall vision of the comprehensive plan is to provide an appropriate balance of services, employment, and housing. The recent draft City of Federal Way Market Analysis, prepared for the City by ECONorthwest, identifies that the City has enough capacity designated for additional commercially zoned land. Moreover, this study states that the finance, insurance, real estate, and services (FIRES) sector has the greatest demand for future built space. Therefore, the request for a Community Business designation is not consistent with the overall vision of the comprehensive plan. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposed annexation is consistent with the Growth Management Act. RCW 36.70A. 110(3) states, "Urban growth should be located first in areas already characterized by urban growth that have existing public facility and service capacities to serve such development, and second in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources. Further, it is appropriate that urban services be provided by cities, and urban government services should not be provided in rural areas." Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Page 12 of 20 Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. The recently completed draft market analysis provides information on future demand for various types of uses. In addition, the City is in the process of updating the Transportation Model, which will provide traffic related information to aid in decision- making. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received. Staff Response This was the fifth request received. Staff Recommendation: That the request goes forward for further analysis based on a comprehensive plan designation and zoning of Office Park and that the Patty Murphy property be included to avoid creating islands. SITE SPECIFIC REQUEST #5 Parcel: 292104-9127 Location: North of South 356th Street and west of Pacific Highway South (Exhibit F) Size: 4.26 acres. Proponent: Tae Wen Taylor. Owner: Sam Tsai Existing Comprehensive Plan Designation: Business Park Page 13 of 20 Existing Zoning: Business Park Proposed Comprehensive Plan Designation: Proposed Zoning: Community Business (BC) Community Business DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. The areas immediately to the north and south were studied as part of the 1995 Comprehensive Plan Update. At that time, the area to the north requested a Multifamily designation and the area to the south requested Community Business. The request was denied because the City envisioned the four comers of the Pacific Highway South/South 356t~ intersection as Business Park. The applicant is requesting a Community Business designation to allow a neighborhood convenience store/gas station to serve the area. Conditions in the immediate vicinity have not significantly changed to make the requested change within the public interest. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The overall vision of the Comprehensive Plan is to restrict commercial development to the downtown (City Center Core and Frame), to Pacific Highway South, generally between South 272na Street and South 348~ Street, and to the areas found around South 348th Street, approximately between SR-99 and I-5. In addition, there are a dozen nodes of Neighborhood Business located throughout the City. These nodes have traditionally provided retail and services to adjacent residential neighborhoods. The recent draft City of Federal Way Market Analysis, prepared for the city by ECONorthwest, identifies that the City has enough capacity designated for different uses to accommodate the 20-year employment forecast; therefore, there is not a demand for additional commercially zoned land. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. Page 14 of 20 If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: The request does not meet Criteria No. 2 above; however, the remainder of the criteria will still be addressed. Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response If the Council determines that this request should be analyzed further, the proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received. Staff Response This was the third request received. Staff Recommendation:That the request not go forward for further analysis based on Criteria No's 1 and 2. Page 15 of 20 The two following requests were originally submitted in ,~pril 1999. Based on traffic-related questions and questions pertaining to supply and demand of variously zoned land in the City, the applicants requested that work be deferred on their requests until a citywide market analysis and transportation model had been completed. The market analysis is in a draft stage to be finalized ver~ shortly. The transportation model is in process. SITE SPECIFIC REQUEST #6 Parcels: Location: Size: Proponent: Owner: 202104-9069,202104-9070, 202104-9001,202104-9090, 202104-9086, 202104- 9080, 202104-9072, 202104-9004, 202104-9051, and 202104-9100 South of South 336~h Street and west of Pacific Highway South (Exhibit G) 45.85 acres. Various Property Owners (see following table) Please refer to following table Number Parcel No. Owner Acres 1 202104-9069 Johal Rajhinder; Kulwinder 1.15 acres 2 202104-9070 Campus Gateway Associates 16.75 acres 3 202104-9001 Gene Merlino 8.9 acres 4 202104-9090 Richard Lyons 0.2 acres 5 202104-9086 Richard Carson 4.93 acres 6 202104-9080 Ralph Jones 1.5 acres 7 202104-9072 Chase WN Trust 7.75 acres 8 202104-9004 Slisco/Knight/Dagmar 4.44 acres 9 202104-9051 Bob Wright 8.28 acres 10 202104-9100 Orville & Victoria Cohen 0.85 acres Total 45.85 acres Existing Comprehensive Plan Designation: Business Park Existing Zoning: Business Park Proposed Comprehensive Plan Designation: Community Business for the areas east of the wetlands and Multifamily for the northern three parcels west of the wetlands (numbers 2, 3, and 7 in the above table) Proposed Zoning: Community Business (BC) Business for the areas east of the wetlands and Multifamily for the northern three parcels west of the wetlands (numbers 2, 3, and 7 in the above table) BACKGROUND This request was originally received in April 1999. At that time, only Parcel Numbers 202104-9070, 202104-9001, and 202104-9051 had requested a comprehensive plan and zoning designation change from Business Park to Community Business. In June 1999, the requests were presented to the LUTC, which made a recommendation to the full council that this request should be analyzed further and should incorporate all parcels presently zoned Business Park in this vicinity. The Council concurred. As a result of further analysis by staff, potential traffic related impacts were identified in association with a change to a BC designation. In addition, staff realized that the market data in the existing comprehensive plan was outdated and could not be relied upon. City Council authorized the preparation of both a market analysis and transportation model. In November/December 1999, the applicants requested that their comprehensive plan amendment requests be deferred until the market analysis and transportation modeling had been completed. Page 16 of 20 The owners of Parcels 202104-9070, 202104-9001, and 202104-9072 have recently requested that their original request be amended to allow Multifamily uses west of the on-site wetlands (Pages 2 and 3 of Exhibit G). The following decisional criteria only apply to the request as amended for these three parcels. DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This request is an amendment to a request originally submitted in April 1999. Since that time, a draft City of Federal Way Market Analysis, prepared for the City by ECONorthwest, has identified a shortage of land zoned outright for residential development in terms of meeting regional forecasts, based on historical development. This study also indicates that the City has enough capacity designated for commercially zoned land. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The overall vision of the comprehensive plan is to provide an appropriate balance of services, employment, and housing. In addition, the land use concept envisions promotion of housing in the City's commercial areas close to shopping and employment. The draft market analysis shows that in general, there is an overabundance of available commercially zoned land and a shortage of land zoned outright for residential. This request would tend to shift this imbalance. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws. In addition, GMA goals include encouraging growth in urban areas, reducing urban sprawl, and providing affordable housing, all of which should be furthered by development of this site. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. Page i 7 of 20 If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. StaffResponse The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. The recently completed draft market analysis provides information on future demand for various types of uses. In addition, the City is in the process of updating the transportation model, which will provide traffic related information to aid in decision- making. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five new requests for site-specific comprehensive plan amendments were received for the present update (Year 2000 Update). In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. This request is an amendment to one of these requests previously received in April 1999 (Year 1999 Update). Criterion No 8 Order of requests received. Staff Response Please see response to previous criterion. Staff Recommendation: That the request go forward for further analysis. Page 18 of 20 SITE SPECIFIC REQUEST #7 Parcels: 212104-9003,212194-9004,212104-9016,212104-9051,212104-9063,212104- 9064,212104-9065,212104-9066,212104-9067,212104-9069,212104-9083, & 212104-9084 Location: South ofSouth 336~ Street and east ofPacific Highway South(Exhibit H) Size: 49.97 acres Parcel No. Acres 212104-9003 5 acres 212194-9004 4.91 acres 212104-9016 5 acres 212104-9051 5 acres 212104-9063 5 acres 212104-9064 4.94 acres 212104-9065 4.92 acres 212104-9066 4.91 acres 212104-9067 2.32 acres 212104-9069 5.01 acres 212104-9083 1.62 acres 212104-9084 1.34 acres Total 49.97 acres Proponent: Peter Orser, representing the Weyerhaeuser Company Owner: The Weyerhaeuser Company Existing Comprehensive Plan Designation: Business Park Existing Zoning: Business Park Proposed Comprehensive Plan Designation: Multifamily Proposed Zoning: Multifamily - RM 3600 zoning (one unit per 3,600 square feet) BACKGROUND This request was originally received in April 1999. In June 1999, this request was presented to the LUTC, which made a recommendation to the full Council that this request should be analyzed further. The Council concurred. Based on further analysis, staff realized that the market data in the existing comprehensive plan was outdated and could not be relied upon. City Council authorized the preparation of both a market analysis and transportation model. In November/December 1999, the applicants requested that their comprehensive plan amendment requests be deferred until the market analysis and transportation modeling had been completed. A draft market analysis has been prepared and is in the process of being finalized, and the transportation model is in process. Page 19 of 20 V COUNCIL ACTION Pursuant to FWCC Section 22-523(D), based on its review of requests according to the criteria in Section IV of this staff report, the City Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add or delete an amendment for consideration. VI LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Composite Map of Site Specific Requests Site Specific Request #1 (3 pages) Site Specific Request #2 (5 pages) Site Specific Request #3 (4 pages) Site Specific Request #4 (4 pages) Site Specific Request #5 (1 page) Site Specific Request #6 (3 pages) Site Specific Request #7 (1 page) l:\00cmpamn\Staff Report on Selection Process to 82100 LUTC Meeting.doc/9/7/O0 12:04 PM Page 20 of 20 DR PAGE__LOF 3 0 0 '~AV H..LSI. ~ ~ ~'~'0 ~.~c / g 0 ~'C: ~ I=. O O O I 13. OON J · 'S "::IAV H18 I. 'S 'XMH Ol_.-IlOVd 16TH AVE. S. CIVIL DBM CONSULTING oF_ PAGE ENGINEERS ENGINEERING DESIGN · LAND PLANNING · SURVEYING ENVIRONMENTAL SERVICES CITY OF FEDERAL WAY APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT FOR PROPERTY LOCATED AT 1718 SOUTH 288TH STREET 3. SUPPORT FOR THE AMENDMENT Please exphin the need for the amendment (why is k being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). In order for the existing business to remain on the site ~tb the a~te signage and the po~sibility of futum building mx4rwations, a rezone is required The d?ange in zone ~Jl allow the building sorre f~x ibility and ~ll aho allow it to remain as a fumi~ng business in the cormo~. LUP26: "Provide employment and business opportunities by allocating adequate land for commercial, office, and business park development." RESPONSE: Since the ~ orijnally allorud a ctrnmrial/ojJ~ use to exist on the site, and mrm'errial uses exist ac~acmt to the site to the west and smth, the ~ is an asset to the mmmrdty It tmrd& onp/om~ and is a ser-dee to the ~ In Mdition, sime the land Tms off~radly allocatecl for this us~ it is LUP30: "Ensure compatibility between mixed-use developments and residential areas by regulating height, scale, setbacks, and buffers." RESPONSE: The existing busir~ss is corrpatible ~ith the s~ng areas due to the ades adxom:l to rdating to height, sca& saba&s, and buffers. LUP31: "Encourage quality design and pedestrian and vehicle circulation in office, commercial, and business park developments." RESPONSE: The, existing bui~ is desigr~ per t4ng ~ eodes and regulations and ~ a quality design induding ~ ~w ~ ~n and zd'2ide cirodatkra. 502 16TH STREET NORTHEAST*SUITE 312 * AUBURN, WASHINGTON* 98002 PHONE (253) 887-0924 · FAX (253) 887-0925 LUP32: "Encourage commercial development to locate along street edge (where deemed appropriate) to provide pedestrian street access. Provide pedestrian access between developments and to transit stations." RESPONSE: The exbting ~ dinic is located alortg the edge of Smth 288~ Strea ~ngpec~trian street aoaess. Pedestrian atress is also available to the s~ businesses and residou~ ~ indua~ a transit station on Padfic Hi~x~y S~th apprcocirrutdy ~ blo& a~uy from the site. LUG6: "Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image." RESPONSE: The existingfarrily dozd care business is locatecl at the ~osection of Padf~ Hi~ S~th and Sm& 288~ Strea. Due to the location oCthe~ it is in a ~ual port~ of the City and tlwr~ore it is s~ng mrtmof, ty and ties in dosdy ~ the s~ uses. There is a ~ dinic located LUP39: "Encourage transformation of Pacific Highway (SR-99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged." RE SPONSE : The oarrent use of the ex bting building is a rrMi~/dontal ojf~ ~ has ex bred on the site sirwe1980. The exisd, ng use is ~ to the sun'madirtg ~ has beot and ~51l mr~tinue to be an asset to the quality rrixed-use busirtesses in the s~ area~ The business is located in an area aO'ax~ to other to the mrm'ur~ and integrad~n of this type of arro~ is erwourage~ Bmusse theproject is already existirt3 it is an established ~ q)~e in the area and is forM into the mrtmmity and the sunmnding ~/business area. CFP7: "Maximize the use of existing public facilities and promote orderly compact urban growth." RE S PONS E : The suO'ect ~ dinic is a sovJe to thepublic and is an existing fadlity that b otrro~y in qoeratior~ With a Corprd-ao~ive Plan A ~ the fadlity ~ll be allovM to uzilize business signs and perform any necessary building rrn4.fwations. The fadli~ o~s isti~ 9r the b~klir~ park ir~ and lanclscapirt3 preso~ty utilizes loo% ¢f the s~ 99084c.001 502 16TH STREET NORTHEAST*SUITE 312 * AUBURN, WASHINGTON* 98002 PHONE (253) 887-0924 * FAX (253) 887-0925 '$ '~AV H$O~ 'S '~A¥ '$ '~AV H19~ 'S 'AMH Ol-IIOVd · s '~^v .z~ 'S '~AV ISI,~ ,, c'- ~ 0 ~ (~ 0 ~__ W O~LLN o~ I!----1 ""~1'"'-' PAG E__A_OF SUPPORT FOR THE AMENDMENT (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it beingproposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). We have owned this 22+ acre property for 60 years now. We are shocked at the accelerating deterioration of the surrounding neighborhood. There is a marked increase in prostitution, transients, drug traffic, shooting, dumping and trashing. "No Trespassing" signs are torn down and/or ignored. This all across the street from Federal Way High School. We believe this tract's size and undeveloped state on a major thoroughfare (I-99) challenges the safety of the community. Due to governmental laws, codes, rules, restrictions, regulations, ordinances, the cost of community amenities (such as sidewalks, road and signal light improvements, etc.) no one has been willing to develop this property at a single family density, even for the lowest income housing. To bring this general comment into recent focus, see DevCo letter dated 24 October 1998. Due to Federal Way's restrictions which require larger setbacks and do not allow density transfers, even RM 3600 zoning is economically inadequate to produce development of this tract. Accordingly, we respectfully request an amendment change for this tract to a minimum of RM 2400 density. Such a change would serve economic feasibility and allow attractive development in the community while preserving sensitive areas. Such a change would dramatically increase taxable revenues on this land which would benefit Federal Way. Such a change would go a long way toward solving the problem of an increasingly unsafe and crime- ridden area near the city's developing core. FEE There is no fee for the initial application. If after a public hearing, the City Council determines that the request shall be further considered for adoption, site specific requests must be submitted for a preapplication conference with a $300 fee (non-refundable, but credited to the formal application fee). If after the preapplication conference, the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee of $564, plus $56 per acre will be required. In the case of a non-site specific amendment, the fee will be $564. 5. SIGNATURE t Signature Date Print Name If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at (253) 661-4000. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. AMNDAPP. WPD R~VlSEO 7/~6/99 Comprehensive Plan Amendment Application Page 3 File # October 24, 1998 Kristina Danilchik fax #206-720-1661 Dear I<.ristina: DEvCo, INC. PAGE_ OF.,, Re:. Federal Way Prope.r~. I regret to advise you that ;ye will be unable to proceed Mth development of your property under current conditions. Federal Wa5' was likeb' created as a result of the community's opposition to multi-family development. The current policies of the City reflect that hesitation with respect to denser residential development. Most jurisdictions require different wetland buffer v,Sdths, depending on the class (or environmental value) of the wetland. Most King County buffers are 25 feet or 50 feet. Federal Way requires a 100 foot buffer for all wetlands and streams, l~any jurisdictions have ordinances which permit a "density transfer" from aa area of one zoning to an area of differing zoning, provided the parcels are contiguous. No such "density transfer" is possible in Federal Wa>,. Othem'ise, we could take advantage of the higher density zoning (RM1800) which your proper(3, ha, along Highway 99. Were it not for the stream and buffer, that property could theoretically support over 100 ap ~armlent units. As it is, that property has little practical value, because it is almost ali within 100 feet of the stream. Our architects ','ere hoping that it may yield three fourplexes (twelve townhouses). Between the RM1800 portion and RS5 portion of your site, approximately 35% of your site is completely miavailable for development became of the stream and buffer, based on the old wetlands delineation. If a new delineation were done, we consider it likely that the wetlands area has increased Since that earlier delineation. One alternative for development of the RS5 portion of your site is to build 5,000 square foot lots with sin~e family homes on them. Under the subdivision ordinance, the City requires park mitigation of either a dedication of 15% of the site (on top of the weflaads buffer) or a payment basically equal to 15% of the value of the site. However, ever), jurisdiction in the State is under pressure from Olympia to provide its fair share of less expensive housing. So within the last few years, along with many other jurisdictions, the City of Federal Way adopted a cluster housing ordinance under which smaller lots (as small as 3,600 square feet) can be created, provided the overall density does not exceed that under the applicable zoning. The Federal Way cluster ordinance allows either single family or duplex buildings on those 3,600 square foot lots, but no larger (i.e. no townhouses). Under the cluster ordinance, 15% of the site must be set aside as usable open space (no payment in lieu is possible). The City will not allow any portion of the wetlands buffer to count, towards the 15% open space requirement. Another 20% of the site is assumed to be unavailable because of roads, etc. We expect that, under the clustering ordinance, the City will allow some compromise of the road ',~4dth standards applicable to the 5,000 square foot lots. 365 llSth Avenue SE. Suite 118, Bellevue, WA 98005 (425) 453-9551; (425) 453-9566 (fax) PAGE, ,OF Accordingly, the RS5 portion of your site could be developed either as 5,000 square foot lots or (under the clustering ordinance) as 3,600 square foot lots. Your site has a considerable mount of Topography. The City has a significant tree retention ordinance, but at this point, we believe that trees preserved in the wetlands buffer will satisfy the tree ordinance. All areas in excess of 40% slopes must be left 'tmdeveloped, but at this point, we do not believe there are any such areas. There is apparently no planning lhnitation on cuts and fills, but of course any cuts and fills are subject to geotechnical feasibility. Most importantly, the topography severely limits the use of small lots, basically bemuse buildii~.gs and parldng lots have to be flat and level. As a result, it is veu difficult to achieve grade changes with the renlaiJaing small setback areas. Even a 10% slope is very challenging for small lots. If we were to develop the site with 3,600 square foot lots, we would either lose a lot of developable area, or have to build a tremendous mount of retaining walls, even after all the cuts and fills. The amount of topography on your site would make development of even the 5,000 square foot lots problematic. Development of your site faces many other challenges. Access to sanitary sewer service, available only across the wetlands, is not assured. Two entrances to the property are required. The City has said that an access to Hig.hway 99 could only be right in and ri~ht out (with some possibility of left in depending on conflicts with roads to the north). It would be very expensive and not necessarily possible to cross tlie stream with an access to I-Iighway 99, in any case. As you 'know, we have been discussing possible access via file Lakehaven Utility District property in the northeast comer of the site with the District. We villi have to pay the District for such access, and it is not certain that it is available. At this point~ we are hoping that access can be provided ,,'ia 20th Avenue in the southeast comer of the site and via a separate driveway onto the site from South 304th Street. Whether that access is feasible depends largely on whether there is enough "sight distance" so that roms into and out of the property do not conflict with traffic on South 304th Street. Developme~.t of your property would be expensive. The City would require half improvements on Highway 99 (even if there is n.o access there), South 304th Street and 20th Avenue South, at a cost of perhaps $140,000 for 304th, $70,000 for 20th, and $200,000 for H. ighway 99, plus design costs. These figures assume that 304th would not have to be filled because oft. he "sight distance" issue. There would be an additional traffic mitigation payment which the City. has estimated at $100,000. The City.' collec~s a school mitigation cost of $2,882 per single fanxily unit plus $864 per to,~xml~ouse unit. The sewer and water com~ection fees to Lakehaven. Utility District would total approximately $6,000 per single family unit and $3,600 per tov, uflaouse. The cumulative effect of these issues is that we do not consider it feasible to develop the property under the cra-rent allowed uses, even in this very healthy mm'ket. We encourage you to pursue the following land use changes with the City: - red'ucJa~g the 100 foot wetlands setback; - allowing a density transfer from the RM1800 portion to the RS5 portion; and - alloMng more than duplexes (say, up to 6-plexes) on the RS5 portion. 365 ll8th Avenue SE. Sui.te 118, Bellevue, WA 98005 (425) 453-9551; (425) 453-9566 (fax) 2lO.ct :(]I :NO~!l.-I ~S:~I 86-S~-&30 These changes could lead to the development of your property. However, the topography of your site is such that, in our opinion, the only way in which it will be developed is as a multi-family site throughout. If you are able to make some progress with thc City on this front, I ask that you let me know. Thank you very much for working with us as you did. We appreciate the opportunity to attempt to develop the property. Good luck to you with all your ttadertakings. DevC°~]nc- Evan ~Hunden Pre~/~m PAGE_ 5 OF.,, 365 ll8th Avenue SE. Suite 118, Bellevue, WA 98005 (425) 453-9551; (425) 453-9566 (fax) J::: --CCI- '~ ,... · ~ iii {;L ~___ ~ ~ ~ ~ ~ o ~ ~ PA~E, i OF ~ ' ., .t: /,i,l:~';I . - / / I .. / ~ ~ '~/ ." . ..: .......~. ~.. ...:. ...~:. I ~ '~ ~ I ~ ~II 0 , SUPPORT FOR THE AMENDMENT (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). Introduction The Cartland, Robinson, Powers, Taylor, and Woida families seek an amendment to the City of Federal Way's Comprehensive Plan to change the designation of their properties from Single Family High Density to Community Business. The westerly 250-feet of the Woida property is proposed to remain Single Family High Density. At first blush, this request would appeal to be wholly incompatible with the goals and policies of City of Federal Way's Comprehensive Plan. However, closer examination of the proposed amendment area's historical and existing land uses and unique features of geography suggest that land within the amendment area is not well suited for future single family residential development. As such, landowners within the amendment area have investment-backed expectations that the City of Federal Way's Comprehensive Plan will include designations for their properties that bear a reasonable opportunity for implementation in the marketplace. Historical and Existing Land Uses For over 20 years, the Cartland and Taylor properties have been used for heavy commercial land uses. The Taylor property is used as a sign shop. The Cartland property was initially developed by the King County Water District 124 as a parking, storage, and maintenance facility. Subsequently the site was used by an electrical contractor - Cartland Alarm. By 1983, significant changes to the site were performed to accommodate the Cartland Alarm business. On-site grading activities created parking for up to 55 employees and storage areas for the flat beds, trailers, boom trucks, ladder trucks, dump trucks, and other equipment required for the burgeoning business. Berms as high as ten feet were installed along the northern and western property lines to minimize noise and visual impacts to adjacent properties. Moreover, substantial remodeling of the front office building was performed to acquire Underwriter Laboratory Certification for the alarm business. In July 1997, Statewide Towing and Recovery requested a zoning code interpretation from the code compliance officer of the City of Federal Way that would allow towing and impound activities to occur on the Cartland property. In October 1997, a similar use determination was made by the code compliance office that towing and impound I uses were similar to the existing non-conforming use of the property and other activities that occurred over the past 20 years. The alarm business and towing business continue uninterrupted through today. Three letters from lessees of the property, dated August 20th, 23rd, and September 9, 1999, attest to the long-term, continuous use of the property as an impound yard and tow truck dispatch office. Unique Features of Geography The proposed amendment area, depicted on Exhibit A, is situated along Military Road South between South 304th Street and where an elevated portion of Interstate 5 crosses Military Road. The portion of Military Road South situated within the amendment area is designated as a minor arterial in the City of Federal Way's Comprehensive Plan. Other portions of Military Road South are classified as principal arterials in the Comprehensive Plan. In short, Military Road is a very busy road. Interstate 5 (I-5) is also in very close proximity to the amendment area. In fact, the right-of-way associated with I-5 immediately abuts the Taylor and Woida properties. The Cartland property is separated from the I-5 right-of-way only by the right-of-way associated with Military Road. The elevated design of Interstate 5 through the amendment area creates noise and air quality impacts that make the area unsuitable for residential development. In fact, ambient noise levels within the proposed amendment area consistently exceed preferred noise standards for outdoor activities. Air quality in the immediate vicinity of Interstate 5 may also be a factor that inhibits single-family residential development within the proposed amendment area. Single family residential development within the proposed amendment area is not supported by policies in the Transportation Element of the Comprehensive Plan related to functional road classification. Military Road South is identified in the Comprehensive Plan as a minor arterial. Single family residential development is intended to be served by local roads that funnel traffic to collector roads. The traffic from collector roads is directed to arterial roads. Existing development west of the amendment area did not make provisions for the future development of the amendment area. Even massive redevelopment between 28~h Avenue South and Military Road would not create an area of sufficient dimensions to create a road network of local and collector roads to connect with Military Road. As such, development of single family residents within the amendment area does not support the Transportation Element goals and policies in the City of Federal Way's Comprehensive Plan. 2 Commercial Development within the Proposed Amendment Area Having established that the proposed amendment area is not well suited for single- family residential development, a discussion of the merits of the Community Business designation for the area are now in order. One obvious, but yet unstated, reason for the proposed amendment is for the protection of the existing properties used for commercial use. The Taylor and Cartland properties are existing non-conforming land uses. The ability to refinance or sell these properties are significantly encumbered by their status as non-conforming uses. Moreover, the location of these properties near an elevated portion of I-5 suggests that redevelopment is unlikely without the construction of expensive public and private infrastructure improvements that would make single family residential development far too costly. The Community Business designation would permit existing and planned uses of property wkhin the proposed amendment area. Furthermore, the shallow depth of the parcels would preclude big-box commercial development that would unduly impact the surrounding area. The lot dimensions and current uses occurring thereon are not unlike similar lots and uses to the north on Pacific Highway. Through the implementation of the City of Federal Way's development regulations, careful practice of environmental review, and administrative site plan review under the auspices of Use Process II, Federal Way staff is vested with both the authority and obligation to ensure that future development is compatible with existing development. Requirements for fencing, berming, and landscaping, the implementation of design standards, and restrictions on hours of operation represent but a few of the many tools that City of Federal Way staff could potentially employ to ensure that future development is compatible to surrounding development and that impacts related to said development are mitigated. ~SJ.IINI'I A.I.IO :XVM 1¥~ Annexation and Zoning Amendment Request For the All-American Homes/Jackson Parcel Approximately 27 Acres on I-5 & South 320th Street August 1, 2000 This request is for annexation into the City of Federal Way with a concurrent zoning amendment for approximately 27 Acres on the North East comer of 1-5 and South 320th Street. The owner of the majority of this property, Jerry Jackson and All-American Homes, wants to make this a win/win situation. Mr. Jackson lives in the City of Federal Way and owns a business in the city of Federal Way. His business, Coldwell Banker All-American Associates, employees over 100 people and has been headquarted in Federal Way for over 17 years. Mr. Jackson wants this property to be an asset to the City of Federal Way. In an effort to agree on the correct zoning for this property it would be important for the City to visualize the potential value and opportunity that this property can bring to the City of Federal Way. Comparing The Size of this parcel to other properties in Federal Way, this 27 Acre Parcel is Larger than the SeaTac Village property totaling approximately 16 acres. Larger than the Gateway Center property including Marie Callendars and the Marriott Hotel plus the Truman School property to the North totaling approximately 25 acres. Larger than the Park and Ride South of 320th on 1-5 plus the Holiday Inn Hotel, the Free i-Net Building and the gas station/mini mart on 320th Street totaling approximately 18 acres. A property of this size holds the potential of making a significant contribution to the City of Federal Way in several ways: 27 Acre Vacant Parcel in City and On Major Freeway Exit: This will be the largest vacant parcel of ground available inside of/or concurrent to the City of Federal Way frame or core area and located on a major freeway exit it provides easy freeway access. (Likewise, the adjacent freeway connectivity is too noisy for residential use.) PAGE 4 Tax Base: This ground once built on has the potential of generating a tax base equal to or greater than the Gateway Center, or SeaTac Village. Annexation Attraction: This property, correctly developed can serve as an enticement for the residents east of I-5 to want to be annexed into the City of Federal Way. Presently, there are no grocery stores in the eastside potential pre-annexation area. As it stands now most of these residents do their grocery shopping in Auburn or Edgewood choosing to not cross over I-5 through the traffic into Federal Way. Strategic use of this property can attract other property owners to also choose to annex into the City of Federal Way thereby helping the City to meet their Urban Growth residential housing unit commitment. Development Potential: Correctly zoned, with a developer's agreement, this property provides the site to meet many of the recommendations of Hunter Interests Incorporated, the consulting firm that was hired by the City of Federal Way. Zoning Request The applicant is requesting BC Zoning with a Developers Agreement with conceptual information that would allow for the following uses: A shopping center that would include a grocery store, drug store, Starbucks coffee shop, video store, cleaners, cards and gift store, restaurant and gas station. A field house, sports arena, performing arts center, theaters, office buildings or hotel. A transit center, bus barn or park and ride. Jerry Jackson wants the City of Federal Way to be proud of this annexation and the future development of this property, as well as to have it be a profitable opportunity by creating a lucrative tax base that will benefit the city and its residents for decades to come. 0 Lu ~o ~ ~:"' ~ PAGE__J_IOFt .-- ~or' r.-,~ . ) (1) ~ .. ~" E E'~ · - 0 0 -'l 0 ~ 0 " i // '$ 'AMI-'I OI--IlOVd 0 (4 ._ E '~ 'E IL~ o ~ o '$ '::lAy H.L6 0 0 0 fl. J 4049 P.0~/084 DEVELOPMENT W~..~-tlNGTOI~ LLC August 9, 2000 Margaret Clark, Senior Planner City o'f Federal Way 33530 Ia Way South Federal Way, WA 980034221 Re: Revision lo Application- PRE00-0049/CPA 99-0005 Dear Ms. Clark: We are working with Dick Borsini o'f Colliers to determine fea..qlbility for development on lhe parcels at the southwest comer of 336t~ and Pacific Highway. As these parcels front on Pacific Highway, the developmem would have high visibility and ease of access to thc freeways and other areas of Federal Way. We believe the highest and best use of these parcels is retail and/or office. Other uses we have considered include medical or professional, and a fitness dub. In fact, we have an interested party tbr a combined uso ~ a fitne~ club and physical lherapy (health clinic). In addition, we 'know that other retail users have expressed interest in the site. We don't sec this as ma industrial area. Thc true'ks, loading, access, and aesthetics required or allowed for industrial development don't fit with other uses along Pacific 14_ighway and would be disruptive to the exigting truffle flow and use of neighboring parcels. Office would be considered but typically requires a different environment than that existing along Pacific HighwaY. We believe the zoning should be changed to allow for market flexibility. AttacheA i.q a site. plan of the three parcel.q that fi'eot on the. intersection of Pacific Highway and 336~ Street. We're showing a combined use of retail and fitness center. The ~rea of la~M to the we, st of thc wetland doe~ not have good exposure to fl~e street but is set in a nice environment for residential use. We suggest the zoning for this area to allow lbr Multi-~mity. Thc usable area west of the wetlands is approximately 7,8 acres, which would provide approximately 140 units. Please call me if you have any questions or ced addle.oriel information. Sincerely, G-minor Development Robert Heat Vice President 1133, 164~' ST. S.W, i SUITE 107 / I.¥NNWOOD, WA 9803,7-8121 ! (425) 7424242 F~((425) 742-5553 PAb 3 ,.~5 -~ 0 TO: VIA: RE: CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM City Council Land Use and Transportation Committee Phil Watkins, Chair Loft Michael ,~P, Senior Planner David Mo~/~anager Preliminary Plat of Tresden Place Application No. 99-103381-00-SU (Related File No. 99-103384-SE) DT: August 15, 2000 II. III. SUMMARY OF APPLICATION The applicant requests approval of a 48 lot single family residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, Subdivisions; subject to City Council approval. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, Subdivisions, the City Council issues a final decision at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with city procedures, preliminary plat applications are brought to the Land Use and Transportation Committee for review and recommendation prior to review by the full Council. HEARING EXAMINER'S RECOMMENDATION On August 2, 2000, the Federal Way Heating Examiner issued a report and recommendation (attached) to approve the proposed preliminary plat, as recommended by staff; at, er consideration of a staff report (attached) and testimony presented at a July 18, 2000 public heating; subject to the following conditions: Prior to final plat recording, the applicant shall either obtain a right-of-way vacation from the City Federal Way to vacate the westerly portion of the th existing South 298 Street right- of-way, and execute an agreement to acquire the south half of such vacated right-of-way from the property owner to the south; or alternatively, the applicant shall eliminate Lots #47 and/or #48 as proposed. If any structures will remain on the site, all applicable building and zoning nonconformances must be corrected to meet applicable codes, including structural setbacks from property lines; and in addition, sheds and/or other accessory buildings are not permitted as primary uses on single family residential lots. 3. The applicant shall obtain the services of a qualified geotechnical engineer to review engineering design and specifications; be present on site during all land surface modification activities; verify subsurface conditions; inspect and conduct compaction tests for the roads, building lots, detention pond and retaining walls; ensure implementation of the recommendations in the 3/16/00 geotechnical report; and provide the city with any additional geotechnical recommendations for plat construction and furore homes on the site, including revegetation of disturbed areas and lot drainage adjacent to the steep slope; subject to determination by the Directors of Community Development Services and Public Works. 4. Prior to final plat recording, the preliminary plat map shall be revised as follows: (a) (b) (c) (d) (e) (0 (g) (i) Notation that no driveways will be allowed to lots abutting Military Road, and all driveways must be set back a minimum distance of 25' from adjacent intersections; Revise plat road sections to include street lights, street trees, and 3" depth "Class B" asphalt concrete (in lieu of 2" as shown); per "Type U" cross-section; Notation that any fencing adjacent to Military Road right-of-way shall be located inside (eas0 of the required landsape buffer tract; Notation that no sight-obscuring fencing or landscaping will be permitted along lot lines abutting the internal pedestrian pathway; Relocate the retaining wall alongside Military Road South, out of the right-of-way; Language dedicating all public rights-of-way, the storm drainage tract, and the pedestrian pathway, to the City of Federal Way; Language dedicating the landscape buffer tract to the Homeowners within the plat; and establishing responsibility for maintenance of cul-de-sac landscaping with Homeowners; Drainage easement restrictions that structures, fill or obstructions (including but not limited to decks, patios, outbuildings, or overhangs) shall not be permitted beyond the building setback line or within drainage easements. Additionally, grading and construction of fencing shall not be allowed within drainage easements shown on the plat map, unless otherwise approved by the City of Federal Way; Any geotechnical restrictions and conditions for future building development, pursuant to Condition #3, above. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: (a) Visual screening of all property boundaries of the detention tract (and fencing if applicable) from adjacent properties and the right-of-way; (b) Street trees on the project side of Milita~ Road, and both sides of South 298~ Street and internal plat streets; (c) Ten foot Type III landscape tract against Military Road; (d) Vegetative screening of retaining walls; (e) Cul-de-sac landscaping; (f) Revegetation of disturbed slope areas (as recommended by the geotechnical engineer pursuant to Condition #3, above); (g) Significant tree identification and replacement; and (h) Type III landscaping in the area of Lots #47 and #48, if the existing right-of-way is not vacated pursuant to Condition # 1, above, resulting in eliminating these lots from the plat. Prior to final plat recording, the applicant shall pay the alternative fee-in-lieu of providing on site open space, as proposed and accepted, which fee shall be calculated on the basis of 15% of the most recent assessed valuation or MAI appraisal, at that time, subject to approval by the Directors of Parks and Community Development Services. Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of retaining walls and rockeries; showing that these are harmonious with existing adjoining residential uses and promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment; for review and approval by the Directors of Community Development and Public Works. Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of fences, where visible from rights-of-way or pedestrian areas, showing that these utilize natural materials and colors; and that fencing of the detention pond (if required by the KCSWDM) is vinyl coated in a dark color and screened by landscaping (pursuant to an approved landscape plan); for review and approval by the Directors of Community Development Services and Public Works. IV. PROCEDURALSUMMARY February 16, 2000 Notice of Application issued. May 20, 2000 Environmental determination issued. July 1, 2000 Notice of Public Hearing issued. July 18, 2000 Hearing Examiner public hearing. August 2, 2000 Heating Examiner's report and recommendation issued* (attached) (Pursuant to FWCC Section 22-126, the Heating Examiner issues a recommendation to the City Council.) September 11, 2000 City Council Land Use and Transportation Committee meeting. (This committee forwards a recommendation to the full Council for a decision at a public meeting (see Section VI, below). September 19, 2000 City Council public meeting. (Pursuant to FWCC Section 22-127, the City Council shall consider the application at a scheduled meeting following receipt of the report and recommendation by the Heating Examiner. *Note: No challenge to the Hearing Examiner's recommendation has been submitted. V. DECISIONAL CRITERIA Pursuant to FWCC Sec. 20-127, the scope of City Council review is limited to the record of the Heating Examiner public heating; 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 section 20-126(c), as noted below: (1) (2) (3) (4) (5) Consistency with the Federal Way Comprehensive Plan; Consistency with all applicable provisions of the Federal Way City Code, including those adopted by reference from the comprehensive plan; Consistency with the public health, safety, and welfare; Consistency with the design criteria listed in section 20-2; and Consistency with the development standards listed in sections 20-151 through 157, and 20-178 through 20-187. Findings for determining that the application is consistent with these decisional criteria are set forth on pages 2-6, paragraph 3, of the Hearing Examiner's report and recommendation. VI. COUNCIL ACTION By action approved by a majority of the total City Council, and pursuant to FWCC Sec. 20-127(c), the City Council may, after considering the Hearing Examiner's recommendation, adopt or reject the recommendation; and may require or approve a minor modification to the preliminary plat, pursuant to Sec. 20-127(d). Attached is a dratt resolution recommending approval of the proposed application as recommended by the Heating Examiner. Subject to a recommendation by the Land Use and Transportation Committee, this resolution will be included in the September 5, 2000 City Council agenda packet. ATTACHMENTS: HEARING EXAMINER REPORT AND RECOMMENDATION, DATED AUGUST 2, 2000 STAFF REPORT TO HEARING EXAMINER, DATED JULY 11, 2000 CITY COUNCIL DRAFT RESOLUTION FOR PRELIMINARY PLAT APPROVAL CITY OF~ (253} ~1-4000 FEDERAL WAY. WA 98003-6210 August ~, 2000 Richard Butko Butko Construction Co. P.O. Box 3266 Federal Way, WA 98063 Michael Knapp Sound Engineering, Inc. 1019 Pacific Avenue, Ste. 906 Tacoma, WA 98402 RE: PRELIMINARY PLAT OF TRESDEN PLACE Process IV era Dear Applicants: Enclosed please find the Report and Decision relating to the above-entitled case. Very"'~'~~--~truly';"y°urs' ~ STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/ca cc: All parties of record' City of Federal Way CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MA'FI'ER OF: PRELIMINARY PLAT OF TRESDEN PLACE PROCESS IV ) ) ) ) ) ) FWHE# 00-11. 99-103381-00-SU Related #99'-103384-SE I. SUMMARYDF APPLICATION The applicant is requesting preliminary plat approval of a forty-eight (48) lot single family residential subdivision of 8.53 acres, pursuant to Federal Way City Co_de (FWCC) Chapter 20, Subdivisions, Div. 6, Preliminary Plat. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 18, 2000 August 2, 2000 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way Michael Knapp, Sound Engineering, Inc., 1019 Pacific Avenue, Suite 906, Tacoma, WA 98402 3. Jack Hendrickson, 21246 15~ Ave. S., Des Moines, WA 98198 Tim Holderman, Sound Engineering, Inc., 1019 Pacific Avenue, Suite 906, Tacoma, WA 98402 5. Bill Crow, 14109 Marian Street, Enumclaw, WA 98022 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments Amendment to Staff Recommendation #1 ....... 3. Letter from Michael Knapp to Examiner dated July 18, 2000 o The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). The applicant has a possessory ownership Interest in two adjoining, basically rectangular shaped parcels of property consisting of 8.53 acres abuffing the east side of Military Road South within the City of Federal Way. The parcels are prese.ntly improved with an abandoned single family residential dwelling, two small detached sheds, and fencing. The applicant requests preliminary plat approval to allow removal of existing improvements and subdivision of the site into 48 single family residential lots. The south property line abuts S. 298~ St., the west leg of which the applicant will relocate to eliminate its off-set intersection with Military Road, Proposed lots 47 and 48 are contingent upon the City Council's vacation of the present 298t" St. right-of-way following relocation, and an agreement with the abutting property owner to the south. The site is within the northeast portion of the City at the northeast corner of the intersection of Military Road South and S. 298~ St. and approximately 125 feet west of Interstate - 5. The plat map shows a looped plat road system with one access near the northwest comer onto Military Road South and a second access extending north from S. 298~' St. near the east property line. A .55 acre storm drainage tract is located at the northeast corner of the site. South 298~ St. presently extends east from Military Road South at an approximate 100 foot offset to the south from 298~ on the west side of Military Road. The plat map shows that the applicant will align the east leg with the west leg, and that the west leg will return to its present right-of-way approximately 450 feet east of Military Road. Thus, parcels to the east using S. 298~ St, for access will not be impacted. The site is located within the RS-5.0 zone classification which authorizes single family residential dwellings on minimum lot sizes of 5,000 square feet, and which requires front yard setbacks of 20 feet and side and rear yard setbacks of five feet. The plat shows a minimum lot size of 5,000 square feet, a maximum lot size of - 10. 11. 12. 7,565 square feet, and that all required setbacks can be met. The parcel abutting the north property line is within the RM-3,600 Multi-Family zone classification and improved with a mobile home park. The abutting parcel to the east is located within the RS-5.0 zone classification and improved with the Steel Lake Grange. Parcels to the south and southwest are within the RS-9.6 and RS-7.2 zone classifications and Improved with single family residential dwellings. Parcels to the north and northwest are within the RS-9.6 and RS-5.0 zone classifications and also improved with single family residential dwellings. The proposal for a single family residential subdivision on 5,000 square foot minimum lot sizes conforms with the zoning and is compatible with existing and future uses In the area as contemplated by the Federal Way Comprehensive Plan and the Federal Way City Code (FWCC). Most of the site has significant grade changes which will necessitate substantial grading. Slopes range between 5% and 10% with the exception of a 100% slope located eight to 15 feet north of the north property line. This slope ranges from 12 to 32 feet in height and was artificially created by grading for the mobile home park. The applicant commissioned a geotechnical engineering study by Earth Consultants which was submitted March 16, 2000. The study determined that the slope is stable in its present condition and configuration and consists of very dense glacial till soils. Site preparation will include grading 75% of the parcel and constructing retaining walls varying between two and six feet in height along Military Road. Conditions of approval require a supplemental geotechnical analysis to review final design specifications, observe land surface modification activities, verify subsurface conditions, monitor construction activities, and ensure compliance with the recommendations contained in the present geotechnical report. On-site vegetation consists of domestic shrubs and grasses with a variety of deciduous and evergreen trees. Approximately 50% of the existing significant trees outside of proposed rights-of-way and the storm water detention pond tract will be eliminated, and the applicant proposes replacement trees along the western and northern perimeters. A condition of approval requires a final landscape plan which will meet the requirements of the significant tree ordinance. The site supports no threatened or endangered plant or animal specifies, but is likely limited to small birds and animals. Retention of trees and vegetation where possible and installation of landscaping will help mitigate the loss of habitat. No wetlands or streams are located on the site and the only critical area is the steep slope eight to 15 feet off-site to the north. The applicant has designed the plat to provide internal pedestrian circulation. Improvements will ensure safe access by school aged children to both Internal and adjacent school bus stops. The plat map shows a mid block, non-motorized, 3 13. 14. 15, 16. 17. pedestrian/bicycle pathway between a cul-de-sac in the west-central portion of the site and the mid point of the internal plat road extending north from S. 298"~ St. The path will have a paved width of 12 feet and be located within a 20 foot wide tract. Design requirements include pedestrian scale lighting and no sight obscuring fencing or landscaping on abutting lots. The applicant has submitted a preliminary landscape plan which shows street trees in planter stdps along the east side of Military Road, both sides of S. 298m St., both sides of internal plat roads, and within the cul-de-sac. The applicant will also provide a minimum ten foot wide Type III landscape strip along Military Road in a separate tract to be maintained and owned by homeowners. The storm detention tract must also be screened from adjacent streets and residences. The significant tree replacement plan will also be reviewed and approved with the landscape plan. Conditions of approval require a final landscape plan depicting all required landscaping elements. The City Subdivision Code requires the applicant to provide open space in the amount of 15% of the gross land area of the parcels, or as an option (which the applicant has requested), the applicant may pay a fee in lieu of providing the on-site open space. The Parks Director has accepted the fee as requested. Right-of-way improvements to Military Road will Include pavement widening, tapers, curb and gutter, street trees in a planter strip, streetlights, an eight feet wide sidewalk, and a utility stdp all constructed within the right-of-way width of 39 feet as measured from the centerline. The applicant will also construct a southbound left turn lane in Military Road with a storage length of 50 feet at the 298r"/Mllitary Road intersection. As previously found, the applicant will also correct the existing hazardous offset intersection. The applicant will overlay existing concrete over the full width of Militanj Road for the length of the project frontage including tapers to ensure a safe and consistent road section. Improvements to S. 298~ St. and internal plat roads will Include e 32 foot pavement width, five foot wide sidewalks, four foot wide planter strip, and streetlights within a 56 foot wide right-of-way. The Federal Way School District will bus elementary and Junior high school students from bus stops within the proposed subdivision and high school students from a bus stop on Military Road just outside the plat. The sidewalk system will provide safe routes for students walking to bus stops. The applicant must also comply with the City School Impact Fee Ordinance and make a per lot payment to offset the impacts on the district of school aged children residing within the plat. The applicant will pay an optional fee in lieu of providing an on-site recreational open space which the City will utilize to improve recreational opportunities within the planning area of the site. Steel Lake Park ts located approximately one mile 4 18. 19, 20. southwest of the site. Lake Haven Utility District will provide sanitary sewers, domestic water, and fire flow to the site. Abutting property owners raised concerns regarding the impact of storm water runoff. The applicant must design and construct storm drainage facilities in accordance with the requirements of the 1998 King County Surface Water Design Manual and the City's amendments thereto. The storm water plans propose to collect and convey storm water to a combination water quality/detention pond at the northwest comer of the site. The pond will then discharge storm water at a metered rate to the existing City drainage ditch on Military Road. The applicant's grading plan will assure that all storm water is directed to the storm drainage pond, with the exception of the runoff from the S. 298~' St. pavement near the southeast corner of the site which will continue to flow to the ditch along Interstate-5. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the criteria set forth in Section 207126(c) FWCC. Findings on each criteria are hereby made as follows: The proposed preliminary plat is consistent with the Federal Way Comprehensive Plan adopted December, 1998, which designates the property as Single Family. High Density. Developing the site with minimum 5,000 square foot lot sizes is consistent with density allowances and policies. The preliminary plat complies with all applicable provisions of the FWCC including those adopted by reference. The plat must comply with all FWCC provisions to include those set forth In Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter 22. Zoning, C. The preliminary plat is consistent with the public health, safety, and welfare. The project complies with the design criteria set forth in Section 20-2 FVVCC. It promotes the effective use of land by proposing a development in compliance with both the comprehensive plan and zoning. The proposed plat avoids congestion and promotes safe and convenient travel on City streets by providing significant street improvements along Military Road to include a left turn lane and alignment of the east and west legs of S. 298~ Street. Adequate air and light are addressed by meeting all setbacks, and water and sewage will be provided by the Lake Haven Utility District. The project complies with FWCC Sections 20-151 through 20-157 which set forth subdivision design standards, and Sections 20-178 through 20-187 5 . FWCC which set forth required infrastructure improvements to include water, sewage, storm drainage, street lighting, streets, and landscaping. IV~ CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: The Headng Examiner has jurisdiction to consider and make .recommendations to the City Council on the Issues presented by this request, Section 20-110 FWCC requires the Examiner to review a preliminary plat for compliance with applicable sections of the FWCC and RCW 58.17 at a public hearing and Issue a written recommendation to the City Council which then makes the final decision. The applicant has established that the request for preliminary plat .approval of Tresden Place is consistent with the Single Family High Density designation of the Federal Way Comprehensive Plan and satisfies all bulk requirements of the RS-5 zone classification of the Federal Way City Code. The applicant has also established that the request satisfies .ali criteria set forth in Sec[ion 20-126(c) FWCC, the design criteria listed in Section 20-2 FWCC, and the development standards listed in Sections 20-151 through 20-157 FWCC and in Sections 20-178 through 20-187 FWCC. o The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, transit stops, parks, playgrounds, schools and school grounds, sidewalks, and other planning features that assure safe walking conditions for students, The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision in a mixed use area of the City while at the same time correcting existing road deficiencies. The Federal Way City Council should approve the proposed preliminary plat subject to the following conditions: Prior to final plat recording, the applicant shall either obtain a right-of-way vacation from the City of Federal Way to vacate the westerly portion of the existing South 298~' Street right-of-way, and execute an agreement to acqUire the south half of such vacated right-of-way from the property owner to the south; or alternatively, the applicant shall eliminate lots 47 and/or 48 as proposed. If any structures will remain on the site, all applicable building and zoning nonconformances must be corrected to meet applicable codes, including structural setbacks from property lines; and in addition, sheds and/or other accessory buildings are not permitted as primary uses on single family residenti.al lots. The applicant shall obtain the services of a qualified geotechnical engineer to review engineering design and specifications; be present on site during all .land surface modification activities; verify subsurface conditions; inspect and conduct compaction tests for the roads, building lots, detention pond and retaining walls; ensure implementation of the recommendations in the 3/I6/00 geotechnical report; and provide the city with any additional geotechnical recommendations for plat construction and future homes on the site, Including revegetation of disturbed areas and lot drainage adjacent to the steep slope; subject to determination by the Directors of-Community Development Services and Public Works. Prior to final plat recording, the preliminary plat map shall be revised as follows: Fo Go Notation that no driveways will be allowed to lots abutting Military Road, and all driveways, must be set back a minimum distance of 25 feet from adjacent intersections. Revise plat road sections to include street lights, street trees, and 3" depth "Class B" asphalt concrete (in lieu of 2" as shown); per "Type U" cross-section; Notation that any fencing adjacent to Military Road right-of-way shall be located .Inside (east) of the required landscape buffer tract; Notation that no sight-obscuring fencing or landscaping will be permitted along lot lines abutting the internal pedestrian pathway; Relocate the retaining wall alongside Military Road South, out of the right-of-way; Language dedicating all public rights-of-way, the storm drainage tract, and the pedestrian pathway, to the City of Federal Way; Language dedicating the landscape buffer tract to the Homeowners within the plat; and establishing responsibility for maintenance of cul- o de-sac landscaping with Homeowners; Drainage easement restrictions that structures, fill or obstructions (incJuding but not limited to decks, patios, outbuildings, or overhangs) shall not be permitted beyond the building setback line or within drainage easements. Additionally, grading and construCtion of fencing shall not be allowed within drainage easements shown on the plat map, unless otherwise approved by the City of Federal Way; Any geotechnical restrictions and conditions for future building development, pursuant to Condition #3, above. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: - Visual screening of all property boundaries of the detention tract (and fencing if applicable) from adjacent properties and the right-of-way; Street trees on the project side of Military Road, and both sides of South 298~ Street and internal plat streets; C. Ten foot Type III landscape tract against Military Road; D. Vegetative screening of retaining walls; E. Cul-de-sac landscaping; Fo Revegetation of disturbed slope areas (as recommended by the geotechnical engineer pursuant to Condition #3, above); Significant tree identification and replacement; and Type Iii landscaping in the area of Lots ~,7 and #48, if the existing right-of-way is not vacated pursuant to Condition #1, above, resulting in eliminating these lots from the plat, Prior to final plat recording, the applicant shall pay the alternative fee-in-lieu of providing on site open space, as proposed and accepted, which fee shall be calculated on the basis of 15% of the most recent assessed valuation of MAI appraisal, at that time, subject to approval by the Directors of Parks and Community Development Services. 8 Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of retaining walls and rockeries; showing that these are harmonious with existing adjoining residential uses and promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment; for review and approval by the Directors of Community Development and Public Works. Pdor to issuance of construction permits, the applicant shall submit elevations and design descriptions of fences, where visible from rights-of- way or pedestrian areas, showing that these utilize natural materials and colors; and that fencing of the detention pond (if required by the KCSVVDM) is vinyl coated in a dark color and screened by landscaping (pursuant to an approved landscape plan); for review and approval by the Directors of Community Development Services and Public Works. - RECOMMENDATION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Tresden Place subject to the conditions contained in the' conclusions above. DATED THIS ?, ~"~.. DAY OF August, 2000. Hearing Examiner TRANSMITTED THIS ~,~ DAY OF August, 2000, to the following; APPLICANT(S): Richard Butko Butko Construction Co. P.O. Box 3266 Federal Way, WA 98063 Michael Knapp Sound Engineering, Inc. 1019 Pacific Avenue, Ste. 906 Tacoma, WA 98402 OWNER: Hans~rang Church 3407 Reith Road Kent, WA 98032 James Geluso Jack W. Hendrickson Todd Christopherson 8111 Crow 32015 First Ave. S. Federal Way, WA 98003 21246 15~h Ave. S, Des Moines, WA 98198 16400 Southcenter Parkway #502 Seattle, WA 98188 1409 Marian Street Enumclaw, WA 98022 City of Federal Way cio Chris Green 33530 l"t Way S. Federal Way, WA 98003 lO PROCESS IV Rights to Appeal Decisions of thc hearing Examiner may be appealed by any person who is to receive a copy of that decision under FWCC Section 22-443. The appeal, in the form of a letter of appeal, must be delivered to the Dep.artment of Community Development Services within fourteen (I 4) calendar day~ after the issuance of the Hearing Examiner's decision. The letter of appeal must contain: A statement identifying the decision being appealed, along with a copy of the decision; A statement of the alleged errors in the Hearing Examiner's decision, including specific factual finds and conclusions of the Hearing Examiner dispute, d by the person filing the appeal; and The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. The person filing the appeal shall include, with the letter of appeal, the fee established by the City of the costs of preparing a written transcript of the hearing (or in the alternative, the appellant may prepare the transcript at his or her sole costs from tapes of the hearing provided by the City).The appeal w/Il not be accepted unless it is accompanied bY the required fee and cost (or agreement of the appellant to prepare the transcript). Appeals from the decision of the Heating Examiner will be heard by The City Council. The decision of City Council is the final decision of the City. The action of the City in granting or deny/ng an application under this article may be reviewed pursuant to P,,CW 36.70C in the King County Superior Court. The Land Use Petition must be filed within twentv.on~ (211 calenfli~' day1 after the final land use decision of the City. CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF TRESDEN PLACE PUBLIC HEARING: July 18, 2000 -- 2:00 P.M. FEDERAL WAY CITY HALL - CITY COUNCIL CHAMBERS 33530 1ST WAY SOUTH FILE NO. APPLICANT(S): OWNER: ACTION REQUESTED: STAFF REPRESENTATIVE: STAFF RECOMMENDATION: 99-103381-00-SU (RELATED FILE #99-103384-SE) Richard Butko Butko Construction Co. PO Box 3266 Federal Way, WA 98063 Michael Knapp Sound Engineering, Inc. 1019 Pacific Avenue, Suite 906 Tacoma, WA 98402 Hansarang Church 3407 Reith Road Kent, WA 98032 Preliminary plat approval of a forty-eight (48) lot single family residential subdivision of 8.53 acres, pursuant to Federal Way City Code (FWCC) Chapter 20, Subdivisions, Div. 6, Preliminary Plat. Lori Michaelson, AICP, Senior Planner, (253) 661-4045 Preliminary Plat approval with conditions as recommended. Report prepared by: Loft Michaelson, AICP, Senior Planner, $uly 11, 2000 TABLE OF CONTENTS II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. General Information ......................................................................................................... 2 Consulted Departments and Agencies .............................................................................. 3 State Environmental Policy Act ....................................................................................... 4 Natural Environment ........................................................................................................ 4 Neighborhood Characteristics .......................................................................................... 6 General Design ................................................................................................................ 6 Transportation ................................................................................................................. 8 Public Services ................................................................................................................ 9 Utilities .......................................................................................................................... I0 Analysis of Decisional Criteria ..................................................................................... '.. 11 Findings of Fact and Conclusions ................................................................................... 12 Recommendation ........................................................................................................... 14 List of Exhibits .......................................................................................................................... 16 GENERAL INFORMATION a. Description of proposal The applicant proposes to subdivide two existing parcels of land into 48 lots, with associated right-of-way improvements, storm drainage facilities, utilities, and landscaping (Exhibit A). The proposed lots will have a minimum 5,000 square feet, consistent with site zoning. Access to the plat is proposed from Military Road South and South 298th Streets. A portion of South 298th Street is proposed to be relocated to align with the westerly leg of the existing intersection with Military Road South. Lots #47 and 48 are contingent on an approved right-of-way vacation and agreement with the property owner to the south. This requirement is addressed as Condition # 1 of preliminary plat approval, as recommended. The site is undeveloped except for an existing abandoned dwelling, two small detached sheds, fencing, and rockery. All existing structures and improvements are proposed to be demolished with plat construction. One of the two sheds is located on a proposed property line. If any structures will remain on the site, all applicable building and zoning nonconformances must be addressed, including setbacks from property lines. In addition, sheds and/or other accessory buildings are not permitted as primary uses on single family residential lots. This is addressed as Condition #1 of preliminary plat approval. b. Location The subject property is located at 29660 Military Road South, at the northeast comer of Military Road South and South 298th Streets (Exhibit B). The site is generally bordered on the west by Military Road South, and on the south by South 298th Street. Interstate 5 is located approximately 125 feet to the east of the site. c. Legal Description The east half of the west half of the north 659.69 feet of the Northeast quarter of the southeast quarter of Section 4, Township 21 North, Range 4 East, W.M., in King County WA; except the south 30 feet for road purposes and that portion conveyed to the State of Washington under King County Recording No. 4986691; and that portion of the west half of the north 659.69 feet of the northeast quarter of Section 4, Township 21 north, range 4 east, W.M, in King County, WA, lying easterly of old Military Road; except the south 30 feet thereof for South 298th Street. d. Size of Property The site has a total land area of 371,567 square feet, or 8.53 acres. The westerly parcel contains 3.84 acres and the easterly parcel contains 4.69 acres. Zoning and Comprehensive Plan Designations, and existing uses (Exhibit C) 2 Direction Zoning Comprehensive Plan Existing Uses Site RS-5.0*SF** - High Density Vacant/Abandoned House North RM-3600 Multifamily Mobile home park East RS-5.0 SF - High Density Steel Lake Grange South RS-9.6 .... SF residential Southwest RS-7.2 .... West RS-9.6 SF - High Density SF residential Northwest RS-5.0" SF residential/Military Rd *Single family residential, 5,000 SF minimum lot size **Single Family II. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies and individuals were advised of this application: The Community Development Review Committee (CDRC) consisting of the City of Federal Way Department of Community Development Services Planning and Building Divisions; Public Works Department; Parks and Police Departments; Federal Way Fire District; Lakehaven Utility District; and Federal Way School District. CDRC comments have been incorporated into this report where applicable. bo Pursuant to FWCC Sec. 20-118 and 20-119, all owners of real property located within 300' of site boundaries were mailed notices of application and public heating. The site was also posted and notice published in the newspaper and on the city's official notice boards. The application was also mailed to utility companies proposed to provide electricity, telephone, natural gas, cable television, and solid waste collection services, as well as the Washington State Department of Transportation. No written comments concerning the application or the public hearing have been received as of the date of this report. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18, Environmental Protection, all property owners and occupants within 300 feet of all site boundaries, 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 public comments regarding the initial determination were received, and the decision was finaled without modification. 3 III. IV. STATE ENVIRONMENTAL POLICY ACT (SEPA) An Environmental Determination ofNonsignificance (DNS) was issued for the proposed action on May 20, 2000 (Exhibit D). No comments or appeals were received prior to the established deadlines of June 5, 2000, and June 19, 2000, respectively, and the initial determination was finaled without modification. NATURAL ENVIRONMENT a. Surface water management Development of the site will create additional runoff from new impervious surfaces such as streets, ckiveways, and rooftops. Storm drainage facilities are required to be designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the city's amendments to the manual. The applicant's preliminary storm drainage and erosion control report, dated 1/i 8/00 (Exhibit E) and Technical Information Report, dated 5/31/00 (Exhibit F) were reviewed and accepted by the city's Public Works Department. The preliminary design proposes to collect and convey storm water to a combination water quality/detention pond, located in a storm detention tract in the northwest comer of the property. The pond will discharge in a design-controlled manner to the existing ditch along Military Road South. Storm water runoff from the Military Road improvements will be treated using a coalescing plate separator, which will drain into the proposed storm sewer as it exits the site. See Section IX.c, Drainage Facilities, below, for additional information. b. Soils The 1973 USDA Soil Conservation Service (SCS) soil survey for King County classifies site soils as Alderwood Gravelly Sandy Loam, 0 to 6 percent slopes. The Alderwood Series is characterized as moderately well drained soils, capable of adequate compaction, runoff is slow, and erosion hazard is slight. The applicant's Geotechnical Engineering Study, by Earth Consultants, dated March 16, 2000 (Exhibit G) analyzed subsurface conditions at the site and provided geotechnical recommendations for the proposed development, as noted in the following paragraphs. As discussed in c., below, implementation of the recommendations of the applicant's geotechnical study, along with staff-recommended conditions of project approval, will address soils-related concerns. c. Topography The bulk of the site has significant grade changes, necessitating substantial grading for plat improvements and to minimize slopes on building sites. The property generally has a high point in the center and slopes down in all directions. Average site slopes are from 5%-10%, with a steep slope (as defmed by FWCC), located off site, 8 to 15 feet from the north property boundary. The applicant's geotechnical report (Exhibit G) identifies the slope as 12 to 32 feet high, with a gradient of approximately 100% (1H: 1V). The report states that the slope is a cut slope, created during grading for the mobile home park to the north, and 4 that it is stable in its present condition and configuration, with very dense glacial till soils noted on the face of the slope. Pursuant to the applicant's preliminary grading plan (Exhibit t0, as accepted by the city, approximately 75% of the site will be graded for plat improvements and related building pads. Retaining walls ranging from two to six feet in height will be constructed along Military Road; in the central portion of the site; and in the northwest corner near the detention pond. As proposed, the area of lots 1 through 4, 25 through 30, and 40 through 45 will requke only minimal grading. The applicant's geotechnical report (Exhibit G) provides recommendations for site preparation and general earthwork, fill slope placement, foundations, retaining walls, excavations and slopes, and site drainage. The report recommends a ten foot land surface modification setback from the top of the steep slope, with an additional fifteen foot structural setback; provided that the fill slope recommendations in the report are implemented, i.e., setting the toe of the proposed fill 10' away from the top of the existing slope, and keying the fill into the existing slope using horizontal benches. The £mal grading plan will be reviewed with engineering plans review to verify that excavation slopes and clearing limits are the minimum necessary to achieve reasonable grades for building sites and slope stabilization. In addition, based on site conditions, the applicant's geotechnical report and the preliminary grading plan, a supplemental geotechnical analysis is recommended for site development. This requirement is addressed as Condition #3 of preliminary plat approval, as recommended. Under this condition, the applicant shall obtain the services of a qualified geotechnical engineer to review final design and specifications; be present on site during all land surface modification activities; verify subsurface conditions; monitor construction activities; ensure implementation of the recommendations of the geotechnical report; and provide the city with any additional recommendations for plat construction and future home construction; including revegetation of disturbed areas adjacent to the steep slope. Implementation of the recommendations in the applicant's geotechnical report, and staff- recommended conditions of project approval, will minimize topographic and vegetation impacts and ensure slope and site stability. It will also identify any geotechnical conditions or requirements applicable to furore lots and fmal plat review. d. Vegetation On site vegetation includes domestic shrubs and grasses, with a variety of deciduous and evergreen trees. All natural vegetation is required to be retained except that which will be removed for public improvements, per the approved final grading and engineering plans. Based on preliminary grading and landscape plans, the applicant estimates that approximately 50% of the existing significant trees outside of proposed rights-of-way and the detention pond tract, will be eliminated, and replacement trees are proposed along the western and northern perimeters of the site. Pursuant to Condition #5, as recommended, the applicant shall submit a £mal landscape plan, including all required elements, as detailed in VI.c., below. Also, future development of individual building lots is subject to code requirements for significant tree retention and/or replacement, at the time of construction permitting. 5 VI. e. Ve2ldlife Small birds and animals (squirrels, field mice, etc.) are likely to inhabit the site. No threatened or endangered species are known or suspected to inhabit the site. Retention of significant trees and existing vegetation where possible, and required landscaping, will help mitigate the introduction of human activities on wildlife habitat. f. Mapped Sensitive Areas As noted previously, a slope meeting the FWCC definition of steep slope, is located fi`om 8 to 15 feet from the north property boundary of the site. Pursuant to FWCC Division 4, the city may permit land surface modifications adjacent to a regulated slope, subject to an accepted geotechnical report and related recommendations. The applicant's geotechnical report (Exhibit G) determined that the slope is stable in its present condition and configuration, and recommended specific measures for slope setbacks and slope fill placement to control impacts to the slope. These recommendations, and supplemental geotechnical analysis as recommended pursuant to Condition #3, will minimize topographic impacts and ensure slope stability. King County and City of Federal Way Sensitive Areas Maps do not reveal the site to be in a problem area relative to landslides, seismic hazards, erosion, wetlands, streams, or 100-year floodplains. An existing shallow ravine, located approximately 150 feet south of the south plat boundary, was inspected by Habitat Technologies, Inc. on May 10, 2000; and it was determined, with the city's concurrence, to not meet the FWCC definition of a stream. NEIGHBORHOOD CHARACTERISTICS The property is situated in the northeast portion of the city, in a residential area characterized by a mix of high density single family and multifamily development. The site is bounded on the west by Military Road South, an medal street; and Interstate-5 is located about 125 feet off site to the east. As proposed and with conditions of approval as recommended, the preliminary plat will be compatible with adjacent uses and development in the surrounding neighborhood. GENERAL DESIGN a. Subdivision access and roadway design Access to the proposed subdivision will be provided by new internal public streets, with loop access to Military Road on the west, and South 298th Street on the south. The Public Works Department and Federal Way Fire Department have reviewed the proposed access, street improvements, and curve radii. See Section VII. a., below, for a detailed description of proposed and required street improvements. For adequate site distance and access management, driveways will be prohibited onto Military Road, an medal street; and driveways will be set back at least 25' fi`om adjacent intersections. These and other necessary provisions will be recorded on the face of the final plat map, pursuant to Condition #3 of preliminary plat approval, as recommended. 6 b. Pedestrian system The preliminary plat is designed to provide good internal pedestrian circulation and connectivity to adjacent sidewalks. The proposed pedestrian improvements will also ensure safe access by school age children to internal and adjacent school bus stops. Right-of-way improvements include sidewalks on both sides of internal streets and South 298th Street, and along the project frontage of Military Road South. In addition, in accordance with code, the plat provides a mid-block non-motorized pedestrian/bicycle pathway between the internal streets. The pathway will include a paved width of 12 feet within a 20-foot wide tract, conveyed to the city as right-of-way prior to final plat recording. Pedestrian-scale lighting is also required for this pathway, subject to engineering plans review and approval. In addition, no sight-obscuring fencing or landscaping is permitted along the pathway on abutting lots. Provisions for pathway dedication, and fencing and landscaping restrictions, are set forth in Condition #4 of preliminary plat approval, as recommended. c. Landscaping The applicant submitted a preliminary landscape plan in accordance with code. As part of required street improvements, street trees will be provided in planter strips along the project frontage of Military Road; on both sides of South 298th Street and the internal plat streets; and within the street cul-de-sac. The plat is also required to provide a minimum 10 foot Type III landscape strip along Military Road, which shall be placed in a separate tract for ownership and maintenance by homeowners. Cul-de-sac landscaping shall also be maintained by homeowners. Landscaping is also required around the storm detention tract for screening from adjacent streets and residences, and the recommendations of the geotechnical report with respect to revegetation of disturbed slope areas will be applied to the project. The applicant's proposed significant tree replacement plan must be reviewed and approved with the landscape plan, and significant trees are required to be visibly flagged. In addition, if Lots #47 and #48 are not approved (pursuant to Condition # 1), Type III landscaping shall be required in place of these lots. A final landscape plan depicting all required elements is addressed as Condition # 5 of preliminary plat approval, as recommended. d. Open space In order to provide adequate recreational opportunities commensurate with new residential development, the city's Subdivision Code requires on site open space in the amount of 15% of the gross land area of the site; or, as an option which the applicant has requested, an alternative fee may be paid in lieu of providing the on site open space. The applicant's fee- in-lieu request was accepted in concept by the Parks Director, based upon consideration of the city's overall park plan, and the quality, location, and service area of the open space that would otherwise have been provided within the plat, Pursuant to Condition #6 of preliminary plat approval, as recommended, the optional fee is to be calculated on the basis of 15% of the most recent assessed or appraised property value at the time of final plat review, and paid to the city before final plat recording. 7 e. Lot layout Proposed lots range in size from 5,000 to 7,500 square feet, and are generally rectangular in shape. No important view corridors are located in or adjacent to the plat. In accordance with the applicant's preliminary grading plan (Exhibit H), rockery retaining walls will be constructed along Military Road; in the central portion of the site; and in the northwest comer near the detention pond. Retaining walls and rocker/es must be located outside of fights-of-way; may not displace or reduce any required landscaping; and are subject to setbacks and/or permit requirements as applicable. As proposed, the preliminary plat map places a retaining wall within the Military Road right-of-way. This wall must be relocated, as noted in Condition//4 of preliminary plat approval, as recommended. In addition, in order to minimize visual and aesthetic impacts to adjacent residential areas, retaining wall and rockery design should promote residential design themes through terracing, natural material selection, placement of vegetation, and textural treatment requirements as applicable. Any proposed fencing of the prelimimary plat and the detention pond (if required), is also subject to setback and permit requirements as applicable. In addition, perimeter fencing along Military Road must be placed inside the required landscape tract. Aesthetic and locational criteria for retaining walls, rockeries, and fences, is addressed as Conditions//7 and/t8 of preliminary plat approval, as recommended. VII. TRANSPORTATION a. Street imlJrovements As proposed and as required, right-of-way (ROW) improvements to Military Road will include pavement widening, tapers, curb and gutter, street trees in a planter strip, street lights, 8' sidewalk, and utility strip, within a ROW width of 39'; measured fi.om centerline (after the proposed 9' ROW dedication). Also, a southbound left-turn lane, with storage length of 50', will be installed at the 298th Street/Military Road intersection. In addition, in order to correct the existing hazardous offset intersection of South 298th Street and Military Road, the easterly leg of South 298th Street will be aligned with the existing westerly leg. The applicant will also be required to overlay existing concrete within the full width of Military Road, for the length of the project frontage, including tapers; in order to ensure a safe and consistent road section at this location. Improvements to South 298t~ Street and intemal plat streets, will be designed and constructed in accordance with street cross-section "Type LF' (FWCC 22-1528, Local Street rights-of-way). This includes a 32' paved width, 5' sidewalk, 4' planter strip, and street lights, within a 56' ROW. The street section shown on the preliminary plat map will be consistent with these design requirements, provided it is revised to include street trees, street lights, and a 3" compacted depth asphalt concrete, pursuant to Condition/t4, as recommended. The applicant's channelization and street improvement plans, prepared per the city's engineering standards, are subject to review and approval in conjunction with engineering plans review. VIII. b. Adequacy of Local Streets The city's Traffic Analyst reviewed the project's Traffic Impact Analysis and determined that the proposed street design and related improvements appropriately mitigate project- generated traffic impacts, with no additional mitigation measures required. PUBLIC SERVICES a. Police and Fire Services Police and fire delivery is expected at a rate typical to single-family subdivisions. Federal Way police and fire departments reviewed the preliminary plat for compliance with emergency access, hydrant locations, and fire flow requirements. b. Schools As part of the city's review, the preliminary plat and the applicant's School Access Analysis were reviewed by the Federal Way School District. In accordance with the Subdivision Code, the applicant is required to provide safe pedestrian route(s) for established and planned school walking routes. According to district boundaries, the proposed subdivision will be served by Valhalla Elementary School, Totem Junior High School, and Thomas Jefferson High School. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. The district has determined that elementary and junior high school students will be bussed from point(s) within the proposed subdivision, and a high school bus stop will be provided on Military Road, just outside the plat. The sidewalk system as proposed will provide safe routes for students walking to bus stops. School impact fees, as authorized by city ordinance and collected at the time of building permit issuance, are currently $2,383 per single family housing trait. School impact fees are determined on the basis of the school district's Capital Facilities Plan and are subject to annual adjustment and update. c. Recreation Steel Lake Park is located approximately one mile southwest of the site. As proposed by the applicant and supported by the city, payment of the applicant's optional fee in lieu of providing on site recreational open space will be utilized to improve recreational opportunities within the park comprehensive plan planning area of the subject property. d. Fire Protection A Certificate of Water Availability from King County (Exhibit I) indicates that water is available to the site in sufficient quantity to satisfi~ fire flow standards for the proposed plat. 9 IX. UTILITIES a. Sewage Disposal The applicant proposes to serve the subdivision by a public sewer system managed by Lakehaven Utility District. A Certificate of Sewer Availability (Exhibit J) indicates the district's capacity to serve the proposed development via an extension of the existing sewer line at Military Road South, subject to a Developer Extension Agreement b. Water Supply The applicant proposes to serve the subdivision with a public water supply and distribution system managed by Lakehaven Utility District. A Certificate of Water Availability (Exhibit I) indicates the District's capacity to serve the proposed development via an extension of the existing water main at Military Road South, subject to a Developer Extension Agreement c. Drainage Facilia'es Storm drainage facilities are required to be designed in accordance with all applicable requirements of the 1998 King County Surface Water Design Manual (KCSWDM) and the city's amendments to the manual The preliminary plat is designed to collect and convey storm water to a combination water quality/detention pond located in a storm tract along the north boundary of the project. The pond will discharge in a design-controlled manner to the existing ditch along Military Road South. Storm water runoff fi.om the Military Road improvements will be treated using a coalescing plate separator, which will drain into the proposed storm sewer as it exits the site: The property generally has a high point in the center and slopes down in all directions, although mostly to the north. While the property itself slopes off in several directions, the drainage still ends up in the same downstream drainage system to the north. A 2,530-square foot area of proposed pavement at the southeast comer of the site will drain to the existing ditch along Interstate-5 without detention or treatment. There is currently 4,288 square feet of pavement draining to this area under existing conditions. Analysis of the comprehensive drainage map indicates that this new drainage will recombine with the rest of the basin via the existing Interstate-5 drainage ditch. No water quality treatment will be required for runoff from this area, since the amount of untreated stormwater runoff will decrease, after removing existing pavement and installing catch basins at the intersection of 298~ Street South and at the eastern road of the subdivision. As required by the city's engineering standards, drainage tracts and easements shall be labeled and dimensioned, with corresponding language, on the face of the fmal plat; and all building downspouts, footing drains, and drains fi.om impervious surfaces such as patios and driveways, are required to be connected to the approved storm drainage outlet. In addition, surface water detention ponds are required to be screened fi.om public rights-of-way and adjacent property with landscape screening, per the city's amendments to the KCSWDM. Dedication and easement language for the storm drainage tract, and landscape screening and fencing, are addressed in Conditions//4, #5, and #8, as recommended. l0 X. ANALYSIS OF DECISIONAL CRITERIA Pursuant to FWCC Chapter 20, Subdivisions, Sec. 20-110, preliminary plat applications are submitted to Federal Way Hearing Examiner, who shall conduct a public hearing; review the preliminary plat for compliance with applicable sections of the Subdivision Code and other applicable ordinances or regulations of the city and RCW 58.17; and shall issue a written recommendation to the City Council, who will then decide upon the application. Pursuant to FWCC Sec. 20-126(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the Comprehensive Plan. Staff comment: The application is subject to the adopted December 1998 Federal Way Comprehensive Plan (FWCP), which designates the property as Single Family - High Density. The proposed land use, Single Family Residential, 5,000 square foot minimum lot size (RS-5.0) is consistent with density allowances and policies applicable to this land use as established in the FWCP. The project is consistent with all applicable provisions of the Federal Way City Code, including those adopted by reference. Staff comment: The preliminary plat application is required to comply with the provisions of the Federal Way City code, Chapter 18, Environmental Policy; Chapter 20, Subdivisions; Chapter 22, Zoning; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all applicable codes and regulations. 3. The project is consistent with the public health, safety, and welfare. Staff comment: The proposed preliminary plat would permit development of the site consistent with the current Single Family High Density land use classification of the city's Comprehensive Plan and Zoning Maps. Access and fire hydrant locations must meet all requirements of the Fire District. Development of the site in accordance with applicable codes and regulations will ensure protection of the public health, safety and welfare. 4. The project is consistent with design criteria listed in seca'on 20-2. Staff comment: The proposed preliminary plat would promote the purposes identified in FWCC Sec. 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and flexible site design to protect steep slopes. As proposed and with conditions as recommended by staff, the application complies with all provisions of the chapter. The project is consistent with the development standards listed in sections 20-151 through 157, and 20-178 through 20-18Z Staff comment: Development of the site is required to comply with the provisions of FWCC Chapter 20, Subdivisions; Chapter 18, Environmental Protection; Chapter 22, Zoning; and all othe applicable local and state development codes and regulations. As proposed, and as recommended by city staff, the preliminary plat will comply with all applicable statutes, codes, and regulations. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, the environmental record, and related decisional criteria, the Department of Community Development Services finds that: The proposed action is to subdivide a land area of 8.53 acres into 48 single family lots; with two of the lots contingent upon an approved right-of-way vacation, to be requested under separate action, pursuant to Condition # 1 of preliminary plat approval, as recommended. The site is vacant except for an existing abandoned dwelling, detached sheds, fencing, and rockery. All existing structures and improvements are proposed to be demolished with the project. Any structures or improvements that remain on site must meet all applicable code requirements, including setbacks fi'om property lines, as noted in Condition #2 of preliminary plat approval, as recommended. Proposed lot sizes and density is consistent with the current Zoning and Comprehensive Plan designations for the site of RS-5.0, and Single Family-High Density, respectively; and the project will be compatible with adjacent residential land uses, provided all recommended conditions of preliminary plat approval are met. The site contains significant grade changes, and a steep slope is located off the north property boundary. The applicant's geotechnical engineer explored site and subsurface conditions and provided geotechnical recommendations for site preparation and general earthwork, steep slope fill placement, foundations, retaining walls, excavations and side slopes. Implementation of the report recommendations, as well Condition #3 of preliminary plat approval, as recommended, will minimize topographic impacts and ensure slope stability related to plat improvements and future building construction. An Environmental Determination ofNonsignificance (DNS) was issued for the proposed action on May 20, 2000. No comments or appeals were received, and the determination was £maled without modification. This determination is incorporated by reference as though set forth in full. Water and sewer facilities are available fi'om Military Road South and are adequate to serve the proposed development, subject to developer extension agreements. It is the applicant's responsibility to secure all water and sewer services and the services of other utility providers as necessary. 12 Surface water facilities will be designed in accordance with the 1998 KCSWDM and the city's amendments, subject to engineering plans review and approval, and are adequate to serve the development. Safe and adequate vehicle access is provided by new internal public streets, with loop access to Military Road on the west, and South 298th Street on the south. The Public Works and Fire Departments have reviewed the proposed access, street improvements, and curve radii. As proposed, and as recommended pursuant to Condition #4, site access and street design will be at the optimum locations and configuration for safe and adequate traffic circulation. Channelization and street improvement plans, prepared per the city's engineering standards, are subject to the city's review and approval in conjunction with engineering plans review. Safe and adequate pedestrian and non-motorized circulation is provided through good internal and external pedestrian and bicycle connectivity; as well as safe access for school age students to internal and adjacent bus stops for bus transportation to schools, as determined and provided by the School District. 10. Ownership, maintenance, and access rights to public and private areas will be ensured by conveyance of all rights-of-way, the storm detention tract, the bicycle/pedestrian pathway, and drainage easements, to the City; and conveyance of the 10' landscape tract along Military Road, and maintenance of cul-de-sac landscaping, to the Homeowners within the plat; pursuant to Condition #4, as recommended. 11. The recreational and open space needs of subdivision residents will be met though payment to the City Parks Department of an optional fee-in-lieu of providing the on site open space, which shall be utilized to improve recreational oppommities within the park comprehensive plan planning area of the subject property. Pursuant to Condition #6 of preliminary plat approval, as recommended, such fee shall be calculated and paid prior to final plat recording. 12. All required landscaping and aesthetic control of plat improvements, including retaining walls and fences, will be appropriately addressed, pursuant to Conditions #7 and #8 of preliminary plat approval, as recommended. 13. The proposed preliminary plat is permitted by Federal Way City Code (FWCC) Chapter Chapter 20, Subdivisions; and Chapter 22, Zoning. 14. The proposed subdivision and all attachments have been reviewed for compliance with the Federal Way Comprehensive Plan (FWCP), Federal Way City Code Chapter 20, Subdivisions; Chapter 22, Zoning; Chapter 18, Environmental Protection; and all other applicable codes and regulations. As proposed and with conditions as recommended by staff, the preliminary plat is consistent with the Comprehensive Plan and all applicable codes and regulations. The applicant is responsible to obtain outside agency permits as applicable. 15. Prior to final plat approval, all required and approved improvements will be constructed, or the improvements appropriately bonded, per city code requirements; and final plat documents will be reviewed for consistency with the conditions of preliminary plat approval and all applicable codes, regulations, and standards, pertaining to £mal plat review. XII. RECOMMENDATION Based on review of this application, the Determination of Environmental Non-Significance and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: Prior to final plat recording, the applicant shall either obtain a right-of-way vacation from the City Federal Way to vacate the westerly portion of the existing South 298th Street fight- of-way, and execute an agreement to acquire the south half of such vacated fight-of-way from the property owner to the south; or alternatively, the applicant shall eliminate Lots #47 and #48 as proposed. If any structures will remain on the site, all applicable building and zoning nonconformances must be corrected to meet applicable codes, including structural setbacks from property lines; and in addition, sheds and/or other accessory buildings are not permitted as primary uses on single family residential lots. The applicant shall obtain the services of a qualified geotechnical engineer to review engineering design and specifications; be present on site during all land surface modification activities; verify subsurface conditions; inspect and conduct compaction tests for the roads, building lots, detention pond and retaining walls; ensure implementation of the recommendations in the 3/16/00 geotechnical report; and provide the city with any additional geotechnical recommendations for plat construction and future homes on the site, including revegetation of disturbed areas and lot drainage adjacent to the steep slope; subject to determination by the Directors of Community Development Services and Public Works. 4. Prior to final plat recording, the preliminmy plat map shall be revised as follows: (a) (b) (c) (d) (e) (g) (i) Notation that no driveways will be allowed to lots abutting Military Road, and all driveways must be set back a minimum distance of 25' from adjacent intersections; Revise plat road sections to include street lights, street trees, and 3" depth "Class B" asphalt concrete (in lieu ofT' as shown); per "Type LF' cross-section; Notation that any fencing adjacent to Military Road fight-of-way shall be located inside (east) of the required landsape buffer tract; Notation that no sight-obscuring fencing or landscaping will be permitted along lot lines abutting the internal pedestrian pathway; Relocate the retaining wall alongside Military Road South, out of the fight-of-way; Language dedicating all public fights-of-way, the storm drainage tract, and the pedestrian pathway, to the City of Federal Way; Language dedicating the landscape buffer tract to the Homeowners within the plat; and establishing responsibility for maintenance of cul-de-sac landscaping with Homeowners; Drainage easement restrictions that structures, fill or obstructions (including but not limited to decks, patios, outbuildings, or overhangs) shall not be permitted beyond the building setback line or within drainage easements. Additionally, grading and construction of fencing shall not be allowed within drainage easements shown on the plat map, unless otherwise approved by the City of Federal Way; Any geotechnical restrictions and conditions for future building development, pursuant to Condition #3, above. 14 o o Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: (a) (c) (d) (e) (g) (h) Visual screening of all property boundaries of the detention tract (and fencing if applicable) from adjacent properties and the right-of-way; Street trees on the project side of Military Road, and both sides of South 298a' Street and internal plat streets; Ten foot Type III landscape tract against Military Road; Vegetative screening of retaining walls; Cul-de-sac landscaping; Revegetation of disturbed slope areas (as recommended by the geotechnical engineer pursuant to Condition #3, above); Significant tree identification and replacement; and Type III landscaping in the area of Lots #47 and #48, if the existing fight-of-way is not vacated pursuant to Condition # 1, above, resulting in eliminating these lots from the plat. Prior to final plat recording, the applicant shall pay the alternative fee-in-lieu of providing on site open space, as proposed and accepted, which fee shall be calculated on the basis of 15% of the most recent assessed valuation or MAI appraisal, at that time, subject to approval by the Directors of Parks and Community Development Services. Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of retaining walls and rockeries; showing that these are harmonious with existing adjoining residential uses and promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment; for review and approval by the Directors of Community Development and Public Works. Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of fences, where visible from rights-of-way or pedestrian areas, showing that these utilize natural materials and colors; and that fencing of the detention pond (if required by the KCSWDM) is vinyl coated in a dark color and screened by landscaping (pursuant to an approved landscape plan); for review and approval by the Directors of Community Development Services and Public Works. LIST OF EXHIBITS --- NEXT PAGE 15 LIST OF EXHIBITS* h~ B: C: D: E: F~ G: H: I: J: Preliminary Plat Map, by Sound Engineering, dated 3/22/00** Vicinity Map Zoning Map - Site and Vicinity Environmental Determination of Non-Significance, dated 5/20/00 Preliminary Storm Drainage and Erosion Control Report, by Sound Engineering, Inc., dated 1/18/00'* Technical Information Report, by Sound Engineering, Inc., dated 5/31/00'* Geotechnical Engineering Study, by Sound Engineering, Inc., dated 3/16/00'* Demolition and Erosion Control (Grading) Plan, Sheet C2, dated 2/30/00** Certificate of Water Availability, dated 10/6/99 Certificate of Sewer Availability, dated 10/6/99 *Not all copies of staffreports include all exhibits as listed. Exhibits are available upon request to the Department of Community Development Services. **Full size copies of maps, plans, or reports provided to the Hearing Examiner only. Zo UJ Z LU -r- Z i~lmll?l? ~PIl~II?II'I?PI~ O~r_iN..D 1019 Pacific Avenu e, Suite 906 Tacoma. WA 98402 Bus: (253) 573-0040 ~__~GINEEI{ING~ l~c. F~.: ~ ~m ~v[ ~1.~ ' ~ ~ ~und ~ soundenginc.~m Tresden Place Subdivision Vicinity Map f N Not to Scale VICINITY MAP EXHIBIT_ '~ ..... - - ~C SP 1180082 83032808Z4 LOT I LOT RM 3600 RS 5.0 SUBJECT ~ROPER-['Y, 5 · .'S~:298T~H.. ST. I ~$ ZONING MAP SITE AND VICINITY EXHIBIT CITY OF~=____~ (253) 661-4000 FEDERAL WAY, WA 98003-6210 ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE TRESDEN PLACE PRELIMINARY PLAT FEDERAL WAY FILE No: SEP99-0025 (99-103384) DESCRIPTION OF PROPOSAL: PROPONENT: LOCATION: LEAD AGENCY: CITY CONTACT: Preliminary Plat Approval of a 48-Iot subdivision, requiring revi'ew by the Federal Way City Council. Richard Butko, Butko Construction, Inc. 29660 Military Road, with access from Military Road South & South 2980, Street. City of Federal Way Lori Michaelson, Senior Planner, 253-661-4045 The responsible Official of the City of Federal Way hereby makes the following decision based upon impacts identified in the environmental checklist, Federal Way Comprehensive Plan, "Final Staff Evaluation for Environmental Checklist," this action, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules (SEPA) pursuant to RCW 43.31C.060. The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.032(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by 5:00 p.m. on June 5, 2000 . Unless modified by the City, this determination will become final following the above comment deadline. Any person aggrieved of the City's final determination may file an appeal with the City within 14 days of the above comment deadline. RESPONSIBLE OFFICIAL: POSITION/TITLE: ADDRESS: DATE ISSUED: .. May 20~ 2000 SIGNATURE: L:V2$[}C3[X3C. S~AVL%4890~)I47.DOCJI,~t printed M~y 17. 2000 8:34 AM Stephen Clifton, AICP Director of Community Development Services 33530 First Way South, Federal Way, WA 98003 I~OLIND 1019 Pacific Avenue, Suite 906 Tacoma. WA 98402 Bus: (253) 573-0040 Fax: ~2531 573-0142 sound@ soundenginc, com Tresden Place Subdivision Vicinity Map 3434TH ST 3121H .../ 32.0TH ST S 328TH Not to Scale t/5 Map by Thomas Bro0~ers Maps 0 1997 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF TRESDEN PLACE, FEDERAL WAY FILE NO. 99-103384-00-SU. WHEREAS, the applicant Richard Butko, Butko Construction Company, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Tresden Place and consisting of 8.53 acres into forty-eight (48) single family residential lots located on the northeast corner of Military Road South and South 298t~ Street; and WHEREAS, on May 20, 2000, 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, RCW 43.21C, and no one appealed the DNS; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on July 18, 2000 concerning the preliminary plat of Tresden Place; and WHEREAS, following the conclusion of said hearing, on August 2, 2000, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings, conclusions and recommending approval of the preliminary plat of Tresden Place subject to conditions set forth therein; and Res. # , Page I 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 September 5, 2000, the City Council considered the written record and the Recommendation of the Hearing Examiner, 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 Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and schools as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Res. #__, Page 2 Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Tresden Place, Federal Way File No. 99-103381-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated August 2, 2000 (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Res. # , Page 3 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2000. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, ROBERT S. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Res. # , Page 4 DATE: TO: FROM: VIA: SUBJECT: September 5, 2000 Phil Watkins, Chair Land Use and Transportation Committee Richard A. Perez, City Traffic Engineer ~ David H. ~~A~Manager Bus Pullout Feasibility Analysis BACKGROUND In conjunction with the 2001 - 2006 Transportation Improvement Plan approval, the City Council directed staff to conduct an analysis of the feasibility of constructing bus pullouts along the Pacific Highway South and South 320th Street corridors. In addition, staff also included South 348th Street from Enchanted Parkway South (SR 161) to 1st Ave South as High Occupancy Vehicle (HOV) lanes are planned along all these corridors. ANALYSIS Several factors should be considered in determining the feasibility of providing transit bus pullouts. These include: · Curb lane volumes · Number of lanes each direction · Vehicle speeds · Location with respect to pedestrian crossings, intersections, and driveways · Transit operators' policies · Passenger loading times · Passenger volumes · Frequency of transit service · Construction costs · Environmental constraints · Right-of-way impacts Curb lane volumes determine both how many other vehicles would be delayed by in-lane bus stops and the availability of gaps for a bus reentering the lane from a pullout. Based on our latest 2015 forecasts, HOV lane usage on these corridors varies from 200 to 700 vehicles per hour (vph), whereas the general- purpose lanes' volume varies from 500 to 1000 vph per lane. The number of lanes each direction on the street determine the ease with which other vehicles on the street are able to change lanes to reduce delays from a bus using an in-lane stop. On a two-lane road, there is little or no chance of passing a bus stopped at a bus stop. On a multi-lane street, the ability to pass a stopped bus is determined by the volume and speed of traffic in the other lanes. Typical volumes September 5, 2000 LUTC Memo - Bus Pullout Feasibility Analysis Page 2 at capacity of signalized urban arterials vary between 400 and 1000 vph per lane, depending primarily on signal timing. Vehicle speeds determine the availability of gaps for buses reentering a lane from a pullout and the relative safety of an in-lane stop. At higher speeds, the risk of a rear-end collision increases, and a larger gap is needed for a bus to reenter the traffic stream. The speed limits are 45 mph on Pacific Highway South between S 272nd Street and S 308th Street, and 40 mph between S 308th Street and S 356th Street. However, City staff is encouraging the state to lower the speed limit to 35 mph as Pacific Highway South is reconstructed to reflect actual speeds attainable for signal coordination. The speed limits on the S 320th Street and S 348th Street segments analyzed for this effort are 35 mph. Site-specific factors are evaluated to determine the proper location for a bus stop to be placed as close as possible to a safe pedestrian crossing area. However, stopped buses may create unsafe conditions for sight distance at intersections or driveways. Any policy attempting to dictate the exclusive use of "near- side," "far side," or "mid-block" stops as a general rule will have several exceptions. Passenger loading times determine the length of time that other vehicles are delayed at an in-lane stop. Metro staff indicates that no stops in Federal Way outside of park and ride lots have significant loading times. Both the number of passengers using a stop and the freqUency of bus arrivals determine the "dwell time" (amount of time that the bus is stopped) and the frequency with which other vehicles on the street are delayed by in-lane stops. Transit operators' policies vary. Per Metro "Transportation Facility Design Guidelines" adopted in 1991, bus stop pullouts shouM be used on two-lane streets and roads with a posted speed limit of 40 mph or at heavily used stops with longer than average bus dwell times. Based on discussions with Metro staff, this policy predates discussion of an extensive network of arterial HOV lanes. Under most conditions, Metro staff would prefer to avoid pullouts from arterial HOV lanes, suggesting that other lanes would be used to bypass stopped buses. City forecasts suggest otherwise, because the general purpose lanes will be so saturated that it will be difficult for HOV's to change lanes. However, this also suggests that despite the delays from in-lane bus stops, the HOV lanes will still provide a time advantage over the general- purpose lanes. Ultimately equilibrium between the HOV and general-purpose lanes is self-maintaining. Pierce Transit policy is that pullouts are undesirable unless the posted speed limit is 40 mph or higher, the stop has longer than average dwell times, or if required by the jurisdiction responsible for the roadway. The Washington State Department of Transportation (}VSDOT) Design Manual recommends pullouts when any of the following conditions exist: · Curb lane volumes exceed 250 vph · Passenger boardings are higher than 20 per hour · Vehicle operating speeds are higher than 45 mph · Accident problems are recurrent The design manual also notes, however, that there are no absolutes Considerations for the use of pullouts beyond those noted are the construction costs, roadway geometries and location of driveways. in determining site pullouts. availability of right-of-way, In response to the WSDOT criteria, curb lane volumes can be expected to exceed 250 vph in most, if not all, cases. Passenger boarding information is not available. Posted speeds are not higher than 45 mph. September 5, 2000 LUTC Memo - Bus Pullout Feasibility Analysis Page 3 Since this is a new facility with revised lane geometry, no collision data is available. Roadway geometry should not be a consideration as these corridors have design speeds well above operating speeds. The Draft Pacific Highway South Corridor Study completed in 1998 recommends that transit pullouts be provided throughout the corridor. WSDOT staff has consistently maintained that having in-lane bus stops in HOV lanes would reduce the incentive to use HOV lanes and therefore pullouts should be provided without regard to cost or expected transit service levels. Construction costs for pullouts are determined by several factors including the size of the pullout, right- of-way impacts and environmental constraints. Right-of-way impacts include the cost of the land, lost parking or landscaping area, which may make a given land-use non-conforming, or partial or complete take of buildings. METHODOLOGY Each existing bus stop on Pacific Highway South and the portions of S 320th Street and S 348th Street that are planned to have HOV lanes was checked for the impact of constructing pullouts. For each location, the construction cost was estimated using pullout templates developed by Metro and WSDOT, considering grading and environmental impacts. Right-of-way was estimated at $28 per square foot, unless a non-conformance would result from the construction of the pullout, in which case it was estimated at $35 per square foot. The entire cost of a structure was included if a pullout location impacted that structure. Not all Metro routes have ridership data available by stop location. Therefore, in order to use a consistent methodology, the total number of buses per hour for peak and midday hours is used as a proxy. Existing numbers are taken from summer route schedules. Future year forecasts are provided in two cases: "Optimistic" and "Pessimistic". The optimistic forecasts are based on year 2006 service levels forecast by Metro for the Transit Operational Analysis for the Sound Transit environmental assessment for Federal Way projects, which was developed before the passage of 1-695. The pessimistic forecasts are based on the example network developed by Metro to illustrate the impacts of the passage of 1-695 under the current policy for service reductions. It should be noted that the impacts ofi-695 on Pierce Transit service levels have already taken effect and Sound Transit service levels remain unaffected by 1-695, as their operation funding has no state sources. The benefit/cost ratio can be calculated using the estimated construction cost of a transit pullout and the person-delay cost. This is shown in the Table 1. Note that locations and scenarios with a benefit/cost ratio over 1.00 are shaded. CONCLUSIONS Based on the assumptions in this benefit/cost analysis, the following pullout locations are financially feasible (listed by project). SR 99 Phase 1 (312th to 324th): None. SR 99 Phase 2 (324th to 340~): · Northbound at 340th (assuming no right-of-way), · Northbound at 336th except under the pessimistic scenario, · Both directions at 333ra under the optimistic scenario, Table 1 - Bus Pullout Feasibility Bus Pullout Location Buses/Hour (Peak) RAN Cost Benefit/Cost Ratio StreetCross-Stree~ Direction Existing Optimistic Pessimistic Req'c RAN Const. Total Optimistic!Pessimistic Comment S 320th St 1 Ave S EB 6 8 1 1100$38,500 $38,200 $74,700 0.46 0.06 Grade and arid possible building S 320th St I Ave S WB 6 8 I 1100$30,800 $12,000 $42,800 0.79 0.10 Possible wetland S 320th St 5 Ave S EB 6 8 1 1100$30,800 $12,000 $42,800 0.79 0.10 S 320th St 5 Ave S WB 6 8 I 850 $29,750 $19,700 549,450 0.69 0.09 Possible Building and Ddve Aisle S 320th St 8 Ave S EB 6 8 I 850 i $29,750 $18,500 $48,250 0.70 0.09 Grade S 320th St 8 Ave S WB 8 10 1 750 $164,000$8,300$172,3000.25 0.02 BuUding. Not possible S 320th St 10 Ave S EB 8 10 1 1100$265,000$12,000 $277,0000.15 0.02 SF House to the back S 320th St 10 Ave S WI9 8 10 1 1100$940,000$25,200 $965,2000.04 0.00 Grade and building to the back S 320th St 11 PI S EB 8 10 1 1100$670,000$12,000 $682,0000.06 0.01 Building to the back S 320th St 11 PI S WB 8 10 1 1100$38,500 $36,200 $74,700 0.57 0.06 Grade and possible building S 320th St SR 99 WE~ 8 10 1 1100$38,500 $36,200 $74,700 0.57 0.06 Grade and possible building S 320th St SR 99 EB 8 10 1 1100$38,500 $12,000 $50,500 0.84 0.08 S 320th St 20 Ave S EB 8 10 I 1100$30,800 $12,000 $42,800 0.99 0.10 Parking S 320th St 20 Ave S WB 8 10 1 1100$38,500 $8,300$46,800 0.91 0.09 Building to the back S 320th St 23 Ave S WE) 8 10 1 1100$30,800 $32,500 $63,300 0.67 0.07 Grade S 348th St 9 Ave S EB 6 8 4 1100$30,800 $12,000 $42,800 0.79 0.40 S 348th St SE 99 EB 4 8 4 1100$30,800 $12,000 $42,800 0.79 0.40 Detention Pond S 348th St SR 99 WB 6 8 4 850 $29,750 $28,20(] $57,950 0.59 0.29 Grade and Parking SR 99 S 272 St SB 4 17 6 1100$38,500 $12,00(] $50,500 [[~ 0.50 Parking and ddve aisle to the back SR99 S276St SB 4 6 2 1100$450,000$25,200 $475,2000.05 0.02 Building SR 99 S 279 St NB 4 6 2 1100$30,800 $25,20¢ $56,000 0.46 0.15 Need retaining wall SR 99 S 279 St SB 4 6 2 1100$30,800 $12,0OC $42,800 0.60 0.20 SR 99 S 288 St NB 4 6 2 1100$38,500 $12,00(; $50,500 0.50 0.17 DriveAisle and parking to the back SR 99 S 288 St SB 4 6 2 1100$38,500 $25,20¢ $63,700 0.40 0.13 Topo Constraints, drive aisle and parking SR 99 S296 St SB 4 6 2 1100$38,500 $12,00C $50,500 0.50 0.17 Ddve Aisle to the back SR 99 S 300 St NB 4 6 2 750 $26,250 $17,30¢ $43,550 0.59 0.20 Topo Constraints - need retaining wall SR 99 S 304 St NB 4 6 2 1100$30,800 $12,000' $42,800 0.60 0.20 Possible building SR 99 S 304 St SB 4 6 2 1100$30,800 $12,000 $42,800 0.60 0.20 Possible soil contamination SR 99 S 308 St NB 4 6 2 1100$30,800 $12,000 $42,800 0.60 0.20 SR 99 S 308 St SB 6 8 2 1100$30,800 $12,000 $42,800 0.79 0.20 SR 99 S 312 St NB 4 6 2 1100$30,800 $12,000 $42,800 0.60 0.20 Parking SR 99 S 312 St SB 2 6 2 1100$38,500 $12,000 $50,500 0.50 0.17 Drive aisle and parking lot SR 99 S 316 St NB 2 6 2 1100$624,000$12,000 $636,0000.04 0.01 Building SR 99 S 316 St SB 2 6 2 1100$820,000$12,000 $832,0000.03 0.01 Building SR 99 S 320 St NB 2 2 0 850 $1,680,00(; $8,318$1,688,318 0.01 0.00 Building SR 99 S 3?4 St SR 8 6 850 $4~5 000 ! $9 600. $434.5.~0.0 .......... 0.14 0.06 Buildin. g __.~R r~g m t-'. 333 Si . h-.-3.. 14 . $J8 ~C,O 15'2 gCC ShO 500 1.~,B :; 0 hO - . ,800 0 o.g9 0.40 Parking $~ [,~'~ = ~; 340 St. .t ..=~ l . ~ [~1','1 ...... 4 I (." i S= I,5,2__00Cl s12.0003.54 i 1.42 Lx s: "c P,,,-C,..! SR 99 S 340 St SB 6 10 4 1100 $30,800$12,000$42,800 0.99 0.40 SR 99 S 344 St NB 5 8 3 850 $420,000 $9,500 $429,500 0.08 0.03 Building SR 99 S 344 St SB 5 8 3 850 $29,750$9,500 $39,250 0.87 0.32 Parking lot to the back SR 99 S 348 St NB 5 8 3 750 $26,250$9,500 $35,750 0.95 0.36 Located close to ddve aisle and building SR 99 S 348 St SB 5 8 3 1100 $184,800 $12,000$196,800 0.17 0.06 Ddve aisle, slope, and building. Notes: R/W needed for bus pullout based on WSDOT Design Manual Benefit/Cost Assumptions 1,100 sq. ft. for Mid-block location * 1 minute in-lane bus stop delay 850 sq. ft. for Near-Side Corner location * $10/person-hour value of time 750 sq. fi. for Far-Side Corner location * 50% probability of given bus stopping at given stap · Off-peak delays not significant R/W Cost Assumptions * No collisions from in-lane stops due to Iow speeds · $28 per sq. ft. for ROW with no impact * 400 HOV's per hour · $35 per sq. ft. for ROW with drive aisle, parking and possible building * 10 vehicle queue behind in-lane bus stop · Building purchase costs are based on King County Metroscan * 2.2 passengers per HOV · 15 seconds delay for bus to re-enter HOV lane from pullout Retaining Wall Construction Cost Estimate: * 40 passengers per bus · Rockery retaining wall at $12 per sq. ft. * Cost amortized over 20 years at 6% · Cement retaining wall at $22 per sq. ft. * 1 peak hour per weekday Bus-Pullout costs September 5, 2000 LUTC Memo - Bus Pullout Feasibility Analysis Page 4 · Both directions at 330th under the optimistic scenario SR 99 Phase 3A (284th to SR 509): None SR 99 Phase 3B (272nd to 284th, currently under WSDOT jurisdiction): · Both directions at S 272nd under the optimistic scenario. SR 99 Phase 4 (SR 509 to 312th): None SR 99 Phase 5 (340th to 356th): None S 320th St Re-stripe (I-5 to SR 99): None S 320th St Phase 1 (SR 99 to 8th); None S 320th St Phase 2 (8th to lSt): None S 348th St Phase 2 (SR 99 to 9th): None S 348th St Phase 3 (9t~ to lSt): None Right-of-way acquisition costs are the biggest obstacle to cost-effectiveness. Many of these locations would have a positive benefit/cost ratio if the City did not have to purchase right-of-way to locate pullouts. Therefore, to reduce the cost of pullout construction, it is recommended that staff continue to implement the Comprehensive Plan policy TP10, using redevelopment to acquire right-of-way to the fullest extent allowable by nexus considerations. Each of these locations should be subject to a site- specific analysis when potential sites redevelop and when capital projects are designed in order to update the assumptions used in this analysis. RECOMMENDATION Based on this analysis, transit pullouts generally are not cost-effective on Pacific Highway South, S. 320th Street, or S. 348th Street corridors. No design changes are necessary on Pacific Highway South Phase 1. Staff has recently begun design for Pacific Highway South Phase 2 where several pullouts appear to be cost-effective; therefore the traffic analysis for this project will include a site-specific analysis of these pullouts. Staff recommends that no additional action be taken at this time, however a site-specific analysis should be conducted as property adjacent to each bus stop redevelops or street improvement projects are designed. RP/SL:jlf k:\lutc\2000\bus-pullouts.doc CITY OF~ DATE: TO: FROM: VIA: SUBJECT: September 5, 2000 Phil Watkins, Chair Land Use and Transportation Committee Marwan Salloum, Street_Systems Manager ~ David H. er Pacific Highway Smith HOV Lanes Phase I (South 312th to 324th Street) Improvement Project 85% Design Status Report BACKGROUND The Pacific Highway South HOV Lanes Phase I (South 312th to 324th Street) Widening Improvement Project includes adding HOV lanes north and southbound, adding curb, gutter and sidewalk, adding lighting and landscapingto meet the Downtown standards, adding planted medians, restricting left turn movements to intersections as much as possible, and consolidating driveways where possible. The purpose of the project is to improve aesthetics and traffic flow, to reduce accidents by eliminating conflicts, and to promote transit and carpool use. An average of more than 40,000 vehicles a day use this section of Pacific Highway South, which operates at an average level Service "E". From 1994 through 1996, (the last years that reliable data is available) there were 379 accidents in this sectionwith 184 accidentshaving one or more injuries. No fatalities were reported during this period. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: Surface Water WH 11-CIP-3 Storm Drain Up Size Project (Approximately 60% of this Surface Water Management project will be completed as part of this road project.) Utility Underground Conversion within project limits. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: The Topographical Surveys The Geo-technical Investigation The Environmental Site Assessment (ESA) Phase I & II SEPA Determination and Project Permitting NEPA Environmental Classification Project Design to 85% Open House held on February 23, 2000 Ongoing tasks include: Right of way requirements (property appraisals, negotiation, acquisition, and certification) Complete design to 100% Utility Underground Conversion Agreement with Puget Sound Energy for project limits. September 5, 2000 LUTC Memo - Pacific Hwy. S. HOV Lanes Phase I, 85% Page 2 PROJECT FUNDING The project is funded as follows: PROJECT EXPENDITURES Planning and Design Right of Way Acquisition Year 2001 Construction 10% Construction Contingency 10% Construction Management Underground Conversion (PSE & US West) TOTAL PROJECT COSTS $894,511 2,537,106 6,010,000 601,000 601,000 500,000 $11,143,617 FUNDING AVAILABLE Total Grant Funding Mitigation Fund Surface Water Fund Budgeted City Matching Fund TOTAL AVAILABLE BUDGET $9,839,433 47,899 211,000 1,110,000 $11,208,332 (TIA $1,274,000, STPUL $2,399,433, and STPC $5,396,000, WSDOT $770, O00) Part of SWM project WH11-CIP-03 CITY CENTER DESIGN DEVIATIONS Some minor deviations from the City Center Design Guidelines are needed to facilitate this project. The following is a list of said deviations: PLANTER STRIP The planter strip (the planting area between the back of curb and the sidewalk) was eliminated at properties, such as Chevron and Texaco, where providing planter strip would impact the function of the business to the extent the City would have to buy the entire property. Also, planter strip was eliminated at locations where driveways are close together, such as Taco Bell. The width of the planter strip was also adjusted at locations where the sidewalk butts up against the buildings, such as Schuck's Auto Supply at S. 324th Street. MEDIAN Currently, the Washington State Department of Transportation (WSDOT) requires a one-foot-shy distance from the center lane to the median. The City is attempting to obtain a waiver of this requirement, however, should the request for waiver be denied, the median minimum width would be reduced from six feet to four feet. NON-CONFORMING PROPERTIES Many properties are non-conforming for Type III landscaping, parking, and setback distance to the sidewalk and right- of-way. This project will increase the number of properties that will be non-conforming. The City is attempting to accommodate conformance as is practical. September 5, 2000 LUTC Memo - Pacific Hwy. S. HOV Lanes Phase I, 85% Page 3 OVERHEAD UTILITIES CONVERSION 'All overhead utilities along Pacific Highway between S. 312th and S. 324th will be convened into an underground system except for the Puget Sound Energy (PSE) electrical transmission system (115,000 volts or larger). RELOCATION OF PSE ELECTRICAL TRANSMIS SION SYSTEM (115,000 VOLTS OR LARGER) Three options were investigated for the relocation of the electrical transmission system. The first option would relocate the existing transmission system from the east side to the west side of Pacific Highway South, placing the poles behind the sidewalk. The new system would be built parallel to the existing one in order to maintain continuity of electrical service. This option would require four overhead crossings of Pacific Highway South within a one-mile distance. Currently, there are no crossings of Pacific Highway South. The second option is to convert to an underground transmission system, with a preliminarycost estimate of three million dollars. The cost for transmission conversion is not included in Schedule 71 (ElectrictariffG) Conversions;therefore the City would be responsible for 100% of the cost. Maintenance for an underground system is significantly more costly than an above ground system in terms of time, materials and traffic disruption. The third option would leave the system on the east side of Pacific Highway South. The transmission system poles would be relocated to behind the sidewalk south of the electrical substation. North of the substation, the transmission system poles would be relocated to the planter strip behind the curb line. The new line would reuse the existing conductor and would result in a shorter construction time with fewer construction impacts. The costs for relocating the transmission lines under this option would be paid by PSE. The City would not be expected to reimburse PSE for these costs. The PSE standard for a transmission pole is a wood pole. The only deviation from the wood pole is whenthe locationof the pole necessitates the use of a galvanized steel pole. There are four locations within the project limits where a galvanized steel pole is required. The four required galvanized steel poles would be provided by PSE at no cost to the City. Should the City desire consistency by using only galvanized steel poles within the project limits the City would have to pay the difference in cost, which is estimated at approximately $60,000. COMMERCIAL OVERHEAD SERVICE Approximately ten commercial overhead electrical services within the project limits will need to be addressed by either converting to an underground system, or by allowing the service to remain overhead. PSE will provide a connection point at the property line to each commercial business. Staff is in the process of investigating all available options for reconnecting the existing services to the underground system, including cost and responsibility, and will report to the committee at the 100% design report. RECOMMENDATIONS: Staff recommends placing the following items on the September 19, 2000 Council Consent Agenda: Authorize staffto proceed with the final design of the Pacific Highway South HOV Lanes Phase I - South 312th to South 324th Street Widening Improvement Project and return to the LUTC Committee at the 100% design completion stage for further reports and authorizations. September 5, 2000 LUTC Memo - Pacific Hwy. S. HOV Lanes Phase I, 85% Page 4 2. Authorize Puget Sound Energy to proceed with the design for relocating the electrical transmission system on the east side of Pacific Highway, as described in the third option, at no cost to the City. 3. Authorize Puget Sound Energy to use galvanized steel poles for all poles within the project for consistency and aesthetic purposes, at an additional cost to the City of approximately $60,000. MS:jlf KSLUTC\2000\sr99phaseI85%.doc Date: September 1, 2000 To: Federal Way Land Use and Transportation Committee Chair: Phil Watkins, City Councilmember Via: From: David Moseley, City Manager Stephen Clifton, Community Development Services Direct"~-~ RE: Sound Transit Update At the request of the Land Use and Transportation Committee (LUTC), this memorandum has been prepared to provide you with an update on recent activities related to three specific projects proposed for the Federal Way area. These include the: 1) Federal Way Transit Center and Parking Structure (City Center) with HOV direct access ramps from I-5; 2) Star Lake Park & Ride Lot with direct access to an in-line station within the median of I-5; and 3) SR-99 Pacific Highway South Park & Ride Lot, due south of South 272"d Street (plans not available at this time). Since the August 1, 2000, LUTC meeting, three significant events have taken or will soon take place. These include: 1) August 1, 2000, letter to Sound Transit from the Federal Way City Council expressing the Council's support to transfer costs savings from three other Sound Transit projects in the Federal Way area to the Federal Way Transit Center/City Center project; 2) mitigation; and 3) selection of the Phase II design team. 1. Budget At the July 17, 2000, LUTC meeting, cost estimates for all three projects and the HOV Direct Access Ramp that will serve the Federal Way Transit Center (see Attachment A) were presented to committee members. As noted during the meeting, the Federal Way Transit Center is budgeted at $14,300,000; the estimated cost to construct the facility is $34,769,000. Sound Transit staff is proposing to group the projects together with the realized savings from the other two projects and the HOV Direct Access Ramp @ 317th Street used to offset the difference. By combining the projects, the total budgeted amount of $84,394,000 for all the projects is sufficient to cover the projected costs of $83,731,000. Another alternative is to transfer cost savings from the other projects directly to the Federal Way Transit Center. The LUTC and subsequently, the full City Council were supportive of both these approaches. A August 1, 2000, letter was sent to Sound Transit expressing the Council's support of these proposals. Per my conversations with Fred Choe, Sound Transit Project Manager, Sound Transit staff will be presenting budget information related to Federal Way area projects along with a copy of the our August 1, 2000, letter to the Sound Transit Finance Committee on September 7, 2000. The Sound Transit Executive Committee will next review the proposal on September 15, 2000. The full Sound Transit Board will review these proposals on September 28, 2000. 2. Mitigation The Public Works Department continues to coordinate with Sound Transit to identify appropriate street, traffic, and surface water mitigation for their proposed City Center improvements. Discussions to date have resulted in a draft agreement between Sound Transit and the City, which include street frontage improvements on 23rd Avenue South, new traffic signals South 317th Street and South 316th Street, onsite and offsite surface water quantity/quality, and offset pro-rata share traffic mitigation associated with transportation projects listed on the City's Six-year Transportation Improvement Plan (TIP). In addition, staff has structured the draft agreement to preserve the portion of the site originally identified for Transit Oriented Development. When the draft agreement reaches a final form, staff will forward the agreement to the City Council for their consideration. 3. Phase I! Design Team ! assisted Sound Transit by reviewing Requests For Proposals (RFP) from four firms wing to be selected as the design team for Phase 2 of the Federal Way Sound Transit projects. Following this review, ! met with Sound Transit staff to discuss the RFPs and to select two firms to be interviewed. On August 1, 2000, ! participated on the Sound Transit panel that listened to presentations from each firm. KPFF and their associated subcontractors were selected as the design team. This same company prepared the conceptual designs presented to the City Council on August 5, 1999. If you have any questions related to this project, please call me at 253-661-4109, or e- mail at Stephen. Clifton@ci.federal-way.wa.us. K:\Sound Transit\September 11, 2000 LUTC - ST Update.doc CITY OF~ DATE: TO: FROM: VIA: SUBJECT: August 31, 2000 Phil Watkins, Chair Land Use and Transportation Committee Richard A. Perez, City Traffic Engineer plT{~ Sarady Lon~~lyst David H. 19losel~qt~ l~anager 2000 Commute THp Reduction (CTR) Congestion Mitigation and Air Quality (CMAQ) Grant Acceptance BACKGROUND Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 legislature and incorporated into the Washington Clean Air Act as RCW 70.94.527. The intent is to improve air quality, reduce fuel consumption, and reduce traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicles (SOV) for the commute trip. The law requires that 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 work site between 6:00 a.m. and 9:00 a.m. to develop and implement a Commute Trip Reduction Plan. There are currently 14 employers within the City of Federal Way who are affected by the CTR Law. PROFESSIONAL SERVICES AGREEMENT 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 (PSA) with King County Metro to implement the CTR Act on behalf of the City of Federal Way. Over the last four years the PSA with King County Metro has been fully funded by the state CTR grant. However, due to an increase in affected worksites statewide with no additional state funding, the state CTR allocation was reduced by approximately 24% on a per site basis. Based on the 14 currently affected worksites, the City received a total allocation of $23,328 for the year 2000 and will receive an estimated $26,400 in 2001 for 17 affected worksites. The state allocation alone will not be sufficient to fully fund the PSA with King County Metro. Table 1, below, depicts the dollar amounts of the state CTR grant allocation and the PSA with King County Metro from 1997 through 2000. August 31,2000 LUTC September 11 - CMAQ Grant Acceptance Page 2 Table 1 - CTR Allocation and PSA with King County Metro Year Number of State CTR Grant PSA with King Overage/ (1/1 - 12/31) Affected Sites Allocation County Metro (Sho~age) 1997 12 $25,574.00 $23,324.00 $2,250.00 1998 12 $26,193.00 $23,660.00 $2,533.00 1999 12 $24,339.00 $23,866.00 $473.00 2000 14 $23,328.00 $26,948.00 ($3,620.00) CONGESTION MITIGATION AIR QUALITY FEDERAL GRANT On November 23, 1999, the counties of King, Pierce and Snohomish submitted a joint application for the CTR/Congestion Mitigation Air Quality (CMAQ) federal grant through the Washington State Department of Transportation (WSDOT), in part to offset the funding shortfall. The Puget Sound Regional Planning Council (PSRC) Executive Board and WSDOT have approved the application. The City would receive an estimated CMAQ grant allocation of $17,121.27. The City would need to provide approximately $2,672.04 from the year 2000 state CTR grant allocation to be used as local matching funds for a total of $19,793.31. WSDOT has allocated approximately $8,952 of this amount to offset the funding shortfall remaining for the 2000 PSA with King County Metro, and for the shortfall in the anticipated 2001 PSA. The remaining amount of $10,841 would be reserved for other CTR enhancement programs for all affected work sites in Federal Way. See attached Exhibit 1 - Scope of Work for more detail. RECOMMENDATION Staff recommends placing the following item on the September 19, 2000 Council Consent Agenda: Authorize the City Manager to accept the $17,121.27 CMAQ grant from the Washington State Department of Transportation (WSDOT) to be used to offset the funding shortfall for the Professional Services Agreement (PSA) with King County Metro and for Commute Trip Reduction (CTR) enhancement programs. SL:jlf k:\lutc~2000~2000cmaq grant acceptance.doc EXHIBIT I SCOPE OF WORK Implementation of Commute Trip Reduction (CTR) Plan A grant of $17,121.27, is awarded to the contractor. The Contractor agrees to supply $2,672.04 local matching fund for a total Project funds of $19,793.31. The Contractor shall allocate $8,952.19 of the grant to implement the Commute Trip Reduction plan, Task 1, and $10,841.12 to develop and implement the CTR Enhancement program to CTR Affected Worksites, Task 2, within affected jurisdictions. In return for the grant, the contractor will complete the tasks and provide WSDOT with the information described below. CONTRACTOR TASK TASK 1, Commute Trip Reduction (CTR) Implementation plan The Contractor, or its designee, shall implement all of the Commute Trip Reduction (CTR) provisions listed below. The Contractor shall include all of these provisions in interlocal agreements with other jurisdictions, local transit agencies, regional transportation planning organizations, or other eligible organizations, as necessary, to coordinate the development, implementation, and administration of CTR plans and ordinances. Technical Guidance and Support The Contractor, or its designee, will work collaboratively with and provide technical guidance and support to affected employers. The Contractor, or its designee, will provide basic services to help employers set up and maintain their CTR programs to reach the applicable program goals. As stated in the CTR Task Force Guidelines, at a minimum, these basic services provided by the Contractor, or its designee, shall include, but are not limited to: a) b) c) d) e) f) g) h) i) J) Written information on basic requirements of the CTR ordinance, CTR zones, and an explanation of how the plan is intended to achieve its goals; At least one Employee Transportation Coordinator (ETC) basic training class per year, using WSDOT provided ETC Handbook or other training materials reviewed and approved by WSDOT; Informational materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance (which may include model employer programs); Forms for annual progress reports that are consistent with the Task Force requirements; Guidance for employers to prepare their CTR program descriptions and annual program reports; State-supplied employee survey forms and training for employers designed to achieve a successful survey process; Annual review of an employer's CTR program including a determination as to whether the employer is acting in good faith to meet the goals established by the CTR law; Professional assistance in developing, implementing, and/or modifying an employer's CTR program; Regular opportunities for an employer's ETC to network with other local ETCs; and Promotional materials such as posters, clip art, or articles which will assist the employer in implementing a worksite CTR program. 2o Quarterly Progress Report and Invoice Submit to WSDOT a quarterly invoice (state form AIg) or WSDOT approved invoice format along with the quarterly progress reports, in the format provided in Attachment 1, that accurately assess the progress made by Contractor, or its designee, in implementing RCW 70.94.521-.551; these reports and invoices are to be submitted within forty-five (45) days after the end of each quarter and within forty five (45) days after the project completion date or forty five (45) days after the termination date of this Agreement, whichever is applicable. TASK 2, Commute Trip Reduction Enhancement Program The Contractor shall develop a work plan to enhance the effectiveness of CTR program. The Contractor shall submit the work plan to WSDOT for review and approval before proceeding with the work. The work plan includes but is not limited to: 1. Promotion · Develop and implement worksite-specific promotion material and distribute to ETCs. · Enhance employee awareness promotions such as "Oil Smart", "Rideshare Week" and the statewide "Relax" campaigns. · Develop promotional materials, such as generic promotional fliers and with Question and Answer flyers, campaign posters and other direct marketing services for ETCs. · Develop and implement electronic communication with ETCs such as website with links to local ordinances as well as to statewide resources; include new sample email, clip art for ETCs to download and use. 2. Technical Assistance · Enhance ETC training material. Offer new ETCs orientation and ETC training to all new ETCs (new sites or new ETCs at existing sites). · Develop additional tools for ETCs to use with employees and management to increase support in implementation of CTR program. · Develop and offer new topics of interest for "continuing education" for ETCs. · Develop and implement an ETC Incentive Program. 3. Employer and ETC Recognition · Enhance existing Employer Recognition and award programs. WSDOT TASKS: Review and approve Contractor Work Plan WSDOT will review, comment, modify and authorize contractor's CTR enhancement program work plan.