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LUTC PKT 11-23-1998 ~. City of federal Way Citv Council Land lJserrransportnlion Committee November 23, 1998 5:30pm City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minutes) 4. COMMISSION COMMENT 5. BUSINESS ITEMS A. High Point Park Action B. Residential Design Guidelines Action C. Mirror Lake Drainage/Development Action D. Hoyt Road/34Oth Interlocal Agreement Action w/City of Tacoma E. Weyerhaeuserrrruck Ordinance Revision Action Request F. Street Sweeping contract Action G. Northwest Church Channelization Request Action H. 1999 Grant Applications for Transportation Action Improvement Projects Hess/l 0 min Hinshaw/McClung/lO min Pratt/30 min Miller/5 min Miller/20 min Miller/5 min Perez/20 min Roe/ I 0 min 6. FUTURE rvlliETING AGENDA ITEMS SWManagement/Dept of Ecology Ordinance & Manual Package Open Cut of ROW vs Boring Weyerhaeuser Request to Modify Endangered Species Act Update Non Residential Design Guidelines Adult Entertainment Regulations RT A Process Planning Commission Work Program 7. ADJOURN Committee lv/embers: Phil Watkins, Chair Jeanne Burbidge Almy Gates City Staff: Greg Adom"e, Director, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 I:\LU- TRANS\NOV23LUT.AGN City of Federal Way City Council Land Use/Transportation Committee November 2. 1998 5:30pm City Hall Council Chambers SUMMARY In attendance: Committee members Phil Watkins (Chair), Mary Gates and Jeanne Burbidge; Council Member Linda Kochmar; Director of Community Development Services Greg Moore; Public Works Director Cary Roe; Principal Planner Greg Fewins; Surface Water Mnager Jeff Pratt; Assistant City Attorney Bob Sterbank; Senior Planner Margaret Clark; Development Services Manager Stephen Clifton; Surface Water Manager Jeff Pratt; Associate Planner Deb Barker; Administrative Assistant Tina Piety . 1. CALL TO ORDER The meeting was called to order at 5:33pm by Chairman Phil Watkins. 2. APPROVAL OF MINUTES The minutes of the October 19, 1998, meeting were approved as presented. 3. PUBLIC COMMENT There was no public comment on any non-agenda items. 4. COMMISSION COMMENT There was no additional comment from any of the City Commissions. 5. BUSINESS ITEMS A. Revised COIIlPrehensive Plan - Final review by the Land Use/Transportation Committee of the updated Comprehensive Plan drew additional letters and comments. Three letters were placed into the record. The three were comments on traffic related issues; one was from Chris Picard of the Washington State Department of Transportation; a second was signed by Stephanie Beckman of the Puget Sound Regional Council; and the third was from Paul Toliver of the King County Department of Transportation. As a result of the WSDOT input, some text clarifications were made by the Committee. Donald Barovic commented that he feels his property has been taken from him by the City's inaction on a rezone of his land. Larry Draper of Lake Oswego, OR, spoke to eliminate SW 342nd Street as a most beneficial option for his proposed development of a new senior housing complex. Geri Walker and Carolyn Callahan, both of the Federal Way School District, expressed their concerns regarding a proposed road to extend behind the Fred Meyer Store. They feel that such a road would increase traffic at Saghalie Junior High School and compromise student safety. Discussion was largely concerned with Chapter 3, Transportation, and Chapter 7, City Center. Previous changes and edits were reviewed, questions and concerns were addressed resulting in several text changes. The Committee m/s/c recommendation of approval of the Comprehensive Plan as, amended, and with certain requests for follow-up, to the City Council at their November 17, 1998, meeting, B. Residential Capacity of PAA - Staff responded to a request from the Committee at the October 19, 1998, meeting regarding the housing potential in the Potential Annexation Areas. If the City were to annex the entire PAA over the next twenty years, the City would have to accommodate 1,723 new households. King County zoning presently has the capacity to accommodate 3,376 households. C. Countywide Plannin{! Policies - The proposed amendments to the Countywide Planning Policies does not directly affect the City of Federal Way and complies with the intent of the Growth Management Act. It does not impact household redistribution. The Committee m/s/c recommendation of approval to City Council at the November 17, 1998, meeting for approval of a boundary shift in the Urban Growth Area in the vicinity near the Cougar Mountain Regional Wildland Park. D. Blackberry Hill Final Plat - The preliminary Plat of Blackberry Hill, a cluster subdivision of II single family lots on 2.34 acres, was originally approved by the City Council on September 6, 1994. Based upon site visits, review of the final plat maps, construction drawings, and the project file, the final plat approval for Blackberry Hill meets all platting requirements ofRCW 58.17.070 and Section 20-134 of the Federal Way City Code. The Committee m/s/c recommendation of approval to City Council at it's November 17, 1998, meeting. E. South 340th RSF Final Acce.,ptance - The Committee m/s/c recommendation of approval of final acceptance of the completed SW 340th Regional Stormwater Storage Facility constructed by Scoccolo Construction, Inc. 6. FUTURE MEETINGS 7. ADJOURN The meeting was adjourned at 7:40pm. I:\LU.TRANS\NOV2LUT .SUM CITY OF FEDERAL WAY MEMORANDUM November 23, 1998 To: City Council Land Use and Transportation Committee FROM: Marion B. Hess, Senior Planner SUBJECT: Final Plat Application for High Point Park III - King County File No. S89P00491 Federal Way File No. ILA90-0014SUB I. RECOMMENDA nON ApPROVE. Based on a site visit, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for High Point Park III Final Plat meets all platting requirements ofRCW 58.17.070, King County Title 19, and Section 20-134 of the Federal Way City Code. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. II. SUMMARY OF ApPLICA nON Westmark Investment Corporation is requesting final plat approval of High Point Park III, a proposed 19-1ot single family subdivision on 11 acres, located generally between Hoyt Road SW and 40th Court SW, and SW 330th Place (if all roads were extended). High Point Park III is an 'A' List Item being processed under the City of Federal Way/King County Interlocal Agreement. The City of Federal Way granted preliminary plat approval for High Point Park III per Resolution 92-113 on June 16, 1992. City staff has reviewed the final plat of High Point Park III for compliance with preliminary plat conditions and all applicable codes and policies, and has determined the final plat meets all specified conditions, codes, and policies. The attached staff report addresses how the applicants have fulfilled conditions of preliminary plat approval as listed in Resolution 92-113 and the May 20,1992, Federal Way Hearing Examiner Findings, Conclusions, and Conditions. High Point Park III Final Plat November 23, 1998 Page 2 III. REASON FOR COUNCIL ACTION As required by RCW 58.17.170 and Section 20-134 ofthe Federal Way City Code, prior to approving a final plat, the council is charged with determining whether the final plat substantially conforms to all terms of the preliminary plat approval, and whether the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval. Bringing this matter before the City Council Land Use/Transportation Committee for review and recommendation prior to a decision by the full council is consistent with how land use matters are currently processed by the City of Federal Way. IV. PROCEDURAL SUMMARY Jun 5, 1989 Application for a 25 lot preliminary plat approval filed with King County. Feb 13, 1990 Mitigated Determination of Non significance (MDNS) issued by King County. Feb 21, 1990 Appeal of the MDNS filed with King County. Feb 28, 1990 City of Federal Way incorporated. Mar 13, 1990 Project placed on the Interlocal Agreement' A' List. May 8, 1991 City of Federal Way Hearing Examiner denies the appeal ofthe MDNS. May 12, 1992 Public Hearing on preliminary plat by the City of Federal Way Hearing Examiner. May 20, 1992 Recommendation of preliminary plat approval issued by the City of Federal Way Hearing Examiner. fun 16, 1992 Public hearing on the preliminary plat application in front of the Federal Way City Council. Nineteen lot preliminary plat approved by the City of Federal Way per Resolution 92-113. High Point Park III Final Plat November 23, 1998 Page 3 May 9, 1995 Land Use/Transportation Committee Meeting: The Committee forwards to the full City Council a recommendation for approval of a fourth year preliminary plat extension of time. Jun 6, 1995 City Council granted a fourth-year extension of the preliminary plat approval period to June 16, 1996. Apr 2, 1997 Final plat application submitted. Application put on hold to resolve issues of compliance with Hearing Examiner conditions. Sep 8, 1998 Final plat processing fee paid by applicant. Nov16, 1998 City Council Land Use/Transportation Committee discusses application for final plat approval of High Point Park III. v. DECISIONAL CRITERIA Although the plat is vested to the design standards of King County Codes, the preliminary and final plat applications have been processed in accordance with Federal Way Subdivision Procedures. Pursuant to Section 20-134 of the Federal Way City Code, the City Council shall approve the final plat based on written findings if the following criteria has been met. 1. The final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. 3. All conditions of the Hearing Examiner and/or City Council have been satisfied. 4. All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. 5. All taxes and assessments owing on the property have been paid. All of the above criteria have been met. High Point Park III Final Plat November 23, 1998 Page 4 VI. COUNCIL ACTION A draft resolution recommending approval of the final plat for High Point Park III is in the process of being prepared by the Legal Department. After consideration of the staff report and recommendation, if the City Council finds that all criteria outlined in RCW 58.17.170, King County Title 19, and Section 20-134 of the Federal Way City Code have been met, the City Council may approve the plat for recording by a majority vote of its membership. LIPRMSYSIDOCUMENT\ILA90 ]P.14\LUTCMEMO.DOC FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT FINAL PLAT OF HIGH POINT PARK III King County File No. S89P0049 Federal Way File No. ILA90-0014-SUB Report Prepared by Marion B. Hess, Senior Planner November 4, 1998 1. SUMMARY OF PROPOSED ACTION High Point Park III is a proposed subdivision of 11 acres into 19 single family lots (Exhibit A). The zoning for subject site at the time of application to King County (June 5, 1989) was RS 7200, Residential Single Family. Current Federal Way zoning is RS7.2. Lot sizes range from 7,650 square feet to 40,274 square feet, with an average lot size of25,219 square feet. Primary access is from the west (Hoyt Road and SW 331st Place) and secondary access from the north (42nd Place SW). Currently, SW 331st Place bisects the property into two areas. This road has been widened to 28 feet in width and regraded. All roads, except Hoyt Road, have been constructed to King County full street standards (no half-streets) with sidewalks on both sides. The east half of Hoyt Road has been reconstructed along the full length of the subject subdivision. The applicant has provided the subject subdivision with public sewer and public water systems managed by the Lakehaven Utility District and Tacoma Public Utilities respectively. II. GENERAL INFORMATION Location: Generally between Hoyt Road SW and 40th Court SW, and between SW 332nd Place and SW 330th Place (if all roads were extended, Exhibit B). Owner/Developer: Westmark Development Corporation 16400 Corporation Parkway #303 Tukwila, W A 98188 Staff Report Final Plat of High Point Park III Page 2 Engineer: T ouma Engineers Tom Touma 15668 West Valley Hwy Seattle, W A 98188 King County Zoning: RS 7200 (Residential Single Family) Acreage: 11 Number of Lots: 19 See/Town/Range: 14-21-03 Proposed Use: Detached single-family residences Sewage Disposal: Lakehaven Utility District Water Supply: City of Tacoma Public Utilities Fire District: Federal Way Fire Department (District No 39) School District: No. 210 (Federal Way) III. HISTORY AND BACKGROUND The application for preliminary plat approval of High Point Park III was filed with King County on June 5, 1989, for 25 lots. As part ofthe State Environmental Policy Act (SEP A) environmental review process, King County Building and Land Development (BALD) issued a threshold Mitigated Determination of Non significance (MDNS) for the proposed development on February 13, 1990. On February 21,1990, an appeal of the SEPA determination was filed with the King County BALD. On May 8, 1991, the Federal Way Hearing Examiner issued a decision to deny the appeal of the SEP A determination. The site plan has since been revised as shown in Exhibit A to comply with the conditions of the MDNS and applicable King County plans, codes, and other official documents. These issues have been adequately addressed with the imposition of the recommended preliminary plat conditions. Staff Report Final Plat of High Point Park III Page 3 The preliminary plat application was filed and vested with King County prior to the incorporation of Federal Way. The City of Federal Way and King County entered into an Interlocal Agreement on March 13, 1990, for processing land use applications. As an 'A' list item of the agreement, the city assumed responsibility for its continued processing. This included preparing the Preliminary Plat Staff Report for the Federal Way Hearing Examiner. The city is responsible for making a decision on the preliminary and final plat for High Point Park III. The application is to be reviewed under King County design regulations in effect at the time the preliminary plat application was submitted (see Sections XII, item 2, Parks and Open Space, page 14, and XIII, item 3, Drainage, page 17 for exceptions). Processing of the application is being conducted under Federal Way regulations (i.e. notification, time lines, appeal procedures, decisional criteria, etc.). IV. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE Pursuant to SEPA (RCW 43.21C), the responsible official of the King County BALD issued a MDNS for the proposed development on February 13, 1990. The determination was based on review of information in the project file including the environmental checklist, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the following measures are complied with: 1. The applicant shall submit a study, prepared by a wildlife habitat biologist, containing an inventory of on-site wildlife and habitat. Any species inventoried in this study and verified by the Washington State Department of Wildlife (WDW) as being endangered or threatened, as defined under the Revised Code of Washington (RCW) 77.12.020, shall be protected by wildlife buffers as recommended by the WD W. Wildlife buffer requirements to be implemented by the applicant, if any, shall be reviewed and approved by King County BALD, Subdivision Technical Committee, in consultation with King County Resource Planning prior to the preliminary plat approval. If buffers are required, the subdivision shall be redesigned to reflect and provide the buffers. 2. Construction work related to clearing, filling, or grading shall be limited from April 1 to September 30, inclusive. Select clearing, filling, or grading activities may be allowed outside of this time period on a weekly basis, provided written approval is granted each week by BALD for specific activity. NOTES: Measures to mitigate the following identified impacts will be determined by the Hearing Examiner and placed on the proposal under the authority of King County codes and ordinances at the time of the Subdivision public hearing. Erosion and Staff Report Final Plat of High Point Park III Page 4 Sedimentation (KCC 9.08), Drainage (KCC 9.08), Surface Water Run-off (KCC 9.04), Sensitive Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction (Ord. #8041). Affected agencies, tribes, and the public were offered the opportunity to comment on or appeal the determination for 29 days. As discussed in Section III, History and Background, on February 21,1990, an appeal of the SEP A determination was filed with the King County BALD. The appellant requested that a threshold determination be based on information submitted prior to rendering environmental impacts and public review, and conditions rendered by King County were vague, obscure, and subject to manipulation. On May 8, 1991, the F ederal Way Hearing Examiner issued a decision to deny the SEP A appeal. V. CONDITIONS OF PRELIMINARY PLAT ApPROVAL The following conditions were developed by the Hearing Examiner and approved by the City Council in Resolution 92-113. Staff response is presented after each condition respecting compliance with the condition. 1. The plat shall comply with all platting provisions of Title 19, King County Subdivision Ordinance (with the exception of 19.38, open space requirements, see condition #21). Staff Response: The final plat complies with the King County Subdivision Ordinance. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952 (Exhibit AI) except as modified for the City of Federal Way. Staff Response: A title report has been submitted to verify ownership interest in the subject property. 3. The area and dimensions of all lots shall meet the minimum requirements of the RS 7200 zone classification. Compliance with the conditions of preliminary plat approval may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Staff Report Final Plat of High Point Park III Page 5 Staff Response: All lots meet the minimum requirements of the RS 7200 zone. 4. The applicant must obtain the approval of the City of Federal Way for the adequacy of the fire hydrant, water main, and fire flow standards. Staff Response: The applicant has obtained approval for these services from the City of Tacoma and Federal Way Fire Department. 5. A Developer Extension Agreement must be entered into between the applicant and the Water Purveyor for the water system. As part of the design ofthe water system, looping of the new system to existing mainlines may be required to provide circulation and maintenance enhancements, and piping shall extend to far edges of the property in accordance with the requirements of the Federal Way Water and Sewer District. Staff Response: An agreement has been signed between the applicant and City of Tacoma Water Division. The water system has been installed and accepted by the City of Tacoma. 6. A Developer Extension Agreement must be entered into between the applicant and the Lakehaven Utility District for the sewer system. As part of the agreement, the applicant will be required to extend sewer mains to the far edges of the property where property can be served, and to construct off-site utilities to obtain services. In addition a collection system is required to extend to the far edges where uphill property can be served. Staff Response: An agreement has been signed between that applicant and the Lakehaven Utility District for a sewer system installation. The district is in the process of inspecting the system and reviewing the final plat for adequate sewer easement widths. The final plat will not be recorded until this is completed. 7. Final plat approval shall require full compliance with drainage provisions set forth in King County Ordinance 9163 as established in the 1990 King County Surface Water Design Manual (1990 KCSWDM). Compliance may result in reducing the number and/ or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the code and requirements and shall apply to all plats: a. Federal Way Public Works Department approval of the drainage and roadway plans is required prior to any construction. Staff Report Final Plat of High Point Park III Page 6 Staff Response: The Public Works Department has approved the drainage and roadway plans. b. A separate Erosion and Sediment Control (ESC) plan for this project shall be submitted with the drainage and roadway plans. The plan shall show the limits of the area to be cleared (limits of clearing) during construction of roads and the installation of drainage improvements and utilities, and provide a schedule of construction (construction sequence). The plans shall include provisions for protecting exposed soils from weathering by wind or rain by covering piles of soil with tarp. The plan shall comply with core requirement No.5 of the 1990 KCSWDM. Due to potential erosion hazard, clearing shall be limited only to the months of April through September, and only to those areas required for construction of roadways and utilities. Prior to any clearing or grading, a boundary delineation acceptable to the City of Federal Way shall be provided on the site between lots and any areas designated as a Native Growth Protection Easement (NGPE). Said boundary delineation shall remain in place until a dwelling is constructed on the lot or ownership transferred to the first owner/occupant, at which time a five foot fence shall be installed. Staff Response: This condition has been met by the Public Works Department approving the clearing and grading plans. c. Retention/detention (RID) facilities used to control runoff from the site to off-site drainage courses shall be located in a separate tract. Access for maintenance shall be provided to all facilities. This will require a 15-foot access roadway to all RID manholes. The design frequency storm events shall be 2-year, 24-hour and 10-year, 24-hour with runoff from the site restricted to no more than the pre-developed runoff rates for those storm events. Detention volume in the pond shall be increased above this design level by 30 percent in accordance with the 1990 KCSWDM. Staff Response: This condition has been met by the Public Works Department approving the engineering plans for storm drainage detention. d. Prior to recording of the final plat, those portions of the retention/detention facilities necessary to control the flows discharging from the site shall be constructed and operational. Staff Report Final Plat of High Point Park III Page 7 Staff Response: A final inspection has been conducted by Public Works Department and the facility accepted as built. e. Oil/water separation facilities shall be provided at each point of permanent storm drainage release from the site to prevent contaminants from entering the natural drainage features, both off-site and on-site. In addition to oil/water separators, the applicant is required to provide biofiltration prior to discharge of stormwater. Such biofiltration includes 200 feet of broad, flat-bottom, grass-lined swales or the equivalent, the design of which shall be in conformance with Section 4.6.3 of the 1990 KCSWDM. A I5-foot gravel access shall be provided along the entire length of each biofiltration swale for maintenance. Staff Response: This condition has been met by the Public Works Department approving the engineering plans on and accepting the facilities as built. f. Drainage outlets (stub-outs) shall be provided for each individual lot, except for those lots approved for infiltration by the City of Federal Way. Stub-outs shall be shown on the engineered plans and shall conform to the following: 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof down spouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location. 2) Outlets on each lot shall be located with a five-foot-high, 2 x 4 inch stake marked 'storm.' The stub-out shall extend above surface level, be visible, and be secured to the stake. 3) Pipe material shall conform with under drain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable feature detectable from the surface. 4) Drainage easements are required for drainage systems designed to convey flows through more than one lot. 5) All individual stub-outs shall be privately owned and maintained by the lot home owner. Staff Report Final Plat of High Point Park III Page 8 Staff Response: This condition has been met by the Public Works Department approving the drainage plans; and a "Downspout" note appears on the face of the final plat addressing the above wording. g. In some cases, on-site stormwater infiltration systems may be suitable for use on individual lots depending on soil conditions. The system shall be used where suitable. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at six-foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water, and the occurrence of mottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. If the soils report is approved, the infiltration systems shall be installed at the time of the building permit. A note to this effect shall be placed on the face of the final plat map. The drainage plan and the final plat map shall indicate each lot approved for infiltration. A typical infiltration system design shall be submitted for approval with the plat drainage plans and shall be referenced on the final plat map. The design shall be in conformance with Section 4.5.1 of the 1990 KCSWDM. Staff Response: This condition has been met by the Public Works Department approving the engineering plans. Approved drainage plans do not include infiltration systems for any of the lots due to unsuitable soils as documented by the soils analysis. h. A downstream drainage analysis shall be included with the drainage plan. This analysis must extend for a minimum distance of 14 mile from the point of release of each flow discharging from the site. The analysis shall conform to Section 1.2.2 of the 1990 KCSWDM, and must address any existing problems with flooding, capacity, overtopping, scouring, sloughing, erosion, or sedimentation of any drainage facility, whether natural or man-made. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals a more restrictive situation, more stringent drainage controls than would otherwise be necessary for a project of this type may be required. These controls may include additional on-site rate and/or volume controls, off-site improvements, or a combination of both. Any off-site improvements will require the approval of all affected property owners. Staff Response: This condition has been met by the Public Works Department accepting the drainage analysis and approving the drainage plans. Staff Report Final Plat of High Point Park III Page 9 1. Current standard notes and ESC notes, as established by the City of Federal Way Public Works Department, shall be placed on the engineered plans. Staff Response: This condition has been met by the Public Works Department approving engineering plans with the above notes. J. The following note shall be placed on the face of the final plat map: "All building downspouts, footing drains, and drains from all impervious surfaces, such as patios and driveways, shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with the City of Federal Way Public Works Department under Project #ILA90-PPI4SUB and SUB97-0001. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed prior to certificate of occupancy and shall comply with plans on file." Staff Response: This condition has been met by the above note being placed on the face of the final plat. 8. a. The following shall be protected by a NGPE, dedicated as separate tracts, and depicted on the engineering plans and the face of the recorded final plat * Areas with slopes of 40 percent or greater. * Slopes 25 percent or steeper adjacent to slopes of 40 percent or greater. * Tract 'A' northeast of existing S W 331 st Place and proposed 42nd Place S W. Staff Response: This condition has been met by the identification ofNGPE tracts depicted on the plat map and identified by notes. b. The following statement shall be shown on the approved engineering plans and recorded final plat: "Building Setbacks and Native Growth Protection Easements (NGPE) Structures, fill, and obstructions (including, but not limited to decks, patios, outbuildings, fences or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted flood plains (if applicable), and within any Native Growth Protection Easement(s) as established during engineering plan reVIew. Staff Report Final Plat of High Point Park III Page 10 Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety, and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by the City of Federal Way, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed, or damaged without express permission from the City of Federal Way, which permission must be obtained in writing from the City of Federal Way Department of Community Development Services or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Federal Way or its successor agency." Staff Response: This condition is met by the above wording appearing on the face of the final plat. c. The boundaries of the NGPE and all Building Setback Lines (BSBL's) shall be shown on the face of the recorded plat by delineating their distance at each property boundary from an adjacent property comer and by indicating their distance from an approximately or precisely located natural feature (typically the top or toe ofthe slope). Staff Response: This condition has been met. d. As part of the review, the applicant must prepare a special study recommending construction procedures to insure that no impact will occur to any area within 10 feet of the NGPE, and demonstrate that the structure will in no way increase or concentrate surface water over the top of the slope. Staff Response: This condition has been met by the redesign ofthe preliminary plat and the Public Works Department approving drainage plans. 9. A five foot tall fence must be installed on the edge of any NGPE area at the time that a dwelling is constructed on the adjoining lot or ownership ofthat lot transferred to the Staff Report Final Plat of High Point Park III Page 11 first owner-occupant. This fence must be constructed of such material which would allow visibility of the NGPE from the lots. A statement to this effect must be placed on the face of the recorded plat. Staff Response: This condition has been met by the above wording appearing on the face of the final plat. 10. All construction and upgrading of public and private roads shall be done in accordance with the King County road standards established and adopted by Ordinance No. 8041 (1987 King County Road Standards). Staff Response: This condition has been met by the Public Works Department approving engineering plans for public and private roads. 11. There shall be no direct vehicular access to or from Hoyt Road for any lots abutting it and SW 331st Way for lots #7 through #10. Staff Response: This condition has been met by the above wording appearing on the face of the final plat 12. All roadway improvements shall be improved with vertical curb, gutter, and sidewalks on both sides for internal roadways, east side for Hoyt Road. Staff Response: This condition has been met for roadway improvements and sidewalks will be completed (or bonded) prior to the recording of the final plat. 13. a. All right-of-ways, roads, and sidewalks shall be dedicated to the public upon recording of the final plat. Staff Response: This condition has been met by wording on the face of the final plat stating the above. b. A geotechnical report shall be prepared by a licensed geotechnical engineer to address recommended designs for the proposed roadways. The report shall detail the soil and groundwater conditions. The recommendations to ensure integrity of future roadways shall be subject to review and approval by the City of Federal Way. Staff Response: This condition has been met. A geotechnical study has been completed and incorporated into the engineering plans approved by the City of Federal Way. Staff Report Final Plat of High Point Park III Page 12 14. All internal roads will be constructed to King County full street improvements (no half- streets). The following lists the classification of each: a. SW 331st Place - Subcollector. b. 42nd Place SW - Minor Access. c. Unnamed cul-de-sac west ofSW 331st Place - Minor Access. NOTE: If the paved width of minor access streets is to be less than 28 feet, each lot shall provide for four off-street parking stalls per King County King County Road Standards Section 2.03 note #8). Staff Response: This condition has been met. 15. Hoyt Road SW shall be constructed to King County full street Secondary Arterial standards for the east half fronting the subject project. Staff Response: This condition has been met. 16. Twelve feet of additional right-of-way for Hoyt Road SW shall be dedicated along the western property boundary, allowing for 42 feet of right-of-way from the control centerline. Staff Response: This condition has been met by the final plat dedication of 12 feet of additional right-or-way. 17. Hoyt Road improvements shall include a Class 2 bicycle facility. Staff Response: This condition has been met by Hoyt Road paved improvements including a Class 2 bicycle facility. 18. Planter islands within cul-de-sacs shall be landscaped to the approval of the City of Federal Way. The planter islands shall also be permanently maintained by the abutting lot owners. This shall be stated on the face of the final plat. Staff Response: This condition does not need to be included on the face of the final plat as no planter islands are to be constructed. 19. The applicant shall comply with Federal Way Titles 16 and 22 by providing for 1.1 acres of usable open space, or pay to the City of Federal Way Parks, Recreation, and Cultural Services Department a fee-in-lieu of reservation or dedication for usable open space and parks in the amount of$22,185.00. Staff Response: This condition has been met. Staff Report Final Plat of High Point Park III Page 13 20. Any fencing constructed along any street shall include a landscaped area placed along the perimeter of each fence. This shall be placed on the face of the plat prior to final plat recording. Adjacent property owners shall be responsible for the continued maintenance of subject landscaping. Staff Response: This condition is met by the above wording appearing on the face ofthe final plat. 21. At the time of recording of the final plat, any open space areas, including any areas designated as a NGPE, shall be dedicated as separate tracts. In order to provide for its ownership and continued maintenance, said tracts shall be either dedicated to the City of Federal Way or to a Homeowners Association or other workable organization. The determination as to ownership shall be made by the City of Federal Way prior to recording of the final plat. Staff Response: This condition has been addressed on the final plat map, in the text on the face of the final plat, and, in the conditions, covenants, and restrictions to be filed with the final plat. 22. If a Homeowners Association is formed, the Declaration of Protective Covenants, Conditions, and Restrictions shall be reviewed by the City of Federal Way to ensure that adequate provisions are made for ownership and maintenance of common areas. Staff Response: This condition has been met by the submittal of a draft "Declaration of Protective Covenants, Conditions, and Restrictions." This draft is to be finalized and recorded with the final plat. Draft "Articles ofIncorporation" to create a Homeowners Association and must be submitted prior to recording of the final plat. 23. Easements shall be provided for all utilities not located within public right of way. The width of the easements for the individual utilities shall be approved by the respective utility provider. These easements shall be clearly labeled on the face of the final plat. Staff Response: Lakehaven Utility District requires sewer easements to be 15 feet in width, offset by five feet on one side of the centerline of the main and ten feet on the other. The easement statement is shown on the face of the final plat and the following statement included on the face of the final plat: "The NGPE restriction shall not prohibit the beneficiary of any utility easement, or the City, from repairing or maintaining any such utilities or roadway improvements, Staff Report Final Plat of High Point Park III Page 14 provided that reasonable precautions are undertaken to minimize disturbance to the NGPE and building setback areas, and that surface disturbances from construction are restored to match pre-existing plant materials to the maximum extent possible." Staff Response: The above conditions have been met. 24. A 10 foot utility easement shall be provided along the front 10 feet of all lots and tracts adjacent to the proposed streets. The following statement shall be noted on the face of the final plat: "Easements & Reservations: An easement is hereby reserved for and granted to any public utility and their respective successors and assigns, under and upon the front ten feet parallel with and adjoining the street frontage of all lots and tracts in which to install, lay, construct, renew, operate, and maintain underground pipe, conduit, cables, and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with utility service, together with the right to enter upon the lots at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition. No utility lines shall be placed or permitted to be placed upon any lot unless the same shall be underground or in conduit attached to abuilding." Staff Response: This condition has been met by the above wording appearing on the face of the final plat. 25. The following has been established by SEPA as a necessary mitigation of this development. The applicants must demonstrate compliance with these items prior to final plat approval: a. Applicant shall submit a study, prepared by a wildlife habitat biologist, containing an inventory of on-site wildlife and habitat. Any species inventoried in this study and verified by the Washington State Department of Wildlife (WDW) as being endangered or threatened, as defined under the Revised Code of Washington (RCW) 77.12.020, shall be protected by wildlife buffers as recommended by the WDW. Wildlife buffer requirements to be implemented by the applicant, if any, shall be reviewed and approved by King County BALD, Subdivision Technical Committee, in consultation with King County Resource Planning prior to the preliminary plat approval. If buffers are required, the subdivision shall be redesigned to reflect and provide the buffers. Staff Response: This condition has been met. Staff Report Final Plat of High Point Park III Page 15 b. Construction work related to clearing, filling, or grading shall be limited to April 1 to September 30, inclusive. Select clearing, filling, or grading activities may be allowed outside of this time period on a weekly basis, provided written approval is granted each week by BALD for specific activity. NOTE: Measures to mitigate the following identified impacts will be determined by the Hearing Examiner and placed on the proposal under the authority of King County codes and ordinances at the time of the subdivision public hearing: Erosion and Sedimentation (KCC 9.08), Drainage (KCC 9.08), Surface Water Run-off (KCC 9.04), Sensitive Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction (Ord. #8041). NOTE: Due to incorporation, any statements referencing submittals to and review by King County BALD, shall instead be submitted to and reviewed by Federal Way. Staff Response: This condition has been met. 26. The applicant shall participate with the city in developing and financing school bus crosswalks in the area. The exact location of these crosswalks shall be determined by the City of Federal Way and the Federal Way School District. Staff Response: This condition is to be completed prior to the recording of the final plat. 27. The applicant shall demonstrate compliance with King County Slope-Density Ratio Residential Density Guidelines for Sloping Ground. Staff Response: This condition has been met. 28. The applicant shall demonstrate compliance with Administrative Guidelines for Building Setbacks From Hazardous Slopes On Plats and Short Plats. Staff Response: This condition has been met by the identification of building setback lines for each lot on the final plat map. 29. A geotechnical/soils report shall be submitted along with each building permit application for any lots containing slopes in excess of 20 percent. This condition shall be placed on the face of the plat prior to final plat recording. Staff Report Final Plat of High Point Park III Page 16 Staff Response: This condition has been met as the above wording appears on the face of the final plat. 30. The easterly terminus ofSW 331st Place shall provide a temporary turnaround in conformance with the design criteria in the 1987 King County Road Standards. Staff Response: This condition has been met as a temporary turnaround is shown on the final plat map. VI. DECISIONAL CRITERIA Pursuant to Section 20-134 of the FWCC, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: CRITERION #1: The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met. CRITERION #2: The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. CRITERION #3: All conditions ofthe Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met. CRITERION #4: All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: The criterion has been met. All road and storm drainage improvements have been constructed. In addition, all water and sewer lines have been installed. Adequate bonding is in place with the city, Lakehaven Utility District, and the City of Tacoma. CRITERION #5: All taxes and assessments owing on the property have been paid. Staff Response: Prior to being recorded, the final plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. Staff Report Final Plat of High Point Park III Page 17 VII CONCLUSION Based on a site visit, a review of the final plat map and text, construction drawings, and the project file, staff has determined that the application for final plat approval for High Point Park III meets all platting requirements ofRCW 58.17.070, King County Title 19, and Section 20-134 ofthe Federal Way City Code, and all other applicable city codes. A recommendation of final plat approval is therefore being forwarded to the City Council for their review and action. VIII EXHIBITS Exhibit A Vicinity map. Exhibit B Reduced copy of preliminary plat. Exhibit C Reduced copy of final plat. Exhibit D Resolution 92-113 - June 16, 1992, City Council of Federal Way Preliminary Plat Approval of High Point Park III with Accompanying Hearing Examiner Report, Findings, and Conditions. Exhibit E Draft resolution approving the subject final plat. Exhibit F City of Tacoma correspondence approving water system. Exhibit G Lakehaven Utility District correspondence approving sewer system. Exhibit H City of Federal Way Public Works Department correspondence accepting all street, sidewalk, storm drainage, and other required improvements. Exhibit I SEP A Mitigated Determination of Non significance. L:\PRMSYSIDOCUMENTIILA90 ]P. 14\ST AFFRPTDOC City of Federal Way High Point Park 3 (Final Plat) Vicinity Map 18th $T ..,.. f SW 317th PL Feder I Way sw 319th PL s\foJ 319t\1 ST ~~1\\' sw 330t\1 S\ ~ en w > <C .c 3 to M Taco a Map Date: November 5, 1998 City of Federal Way, 33530 First Way S, Federal Way, WA 98003 (253) 661.4000. This map is intended for use as a graphical representation 0 Nl Y The City of Federal Way makes no warranty as to its accuracy Vicinity Map ~~ 3 Scale: 1 to 10380 1 Inch equals 865 Feet o _.._l,OOOFeet ~ HIStT GE-LOF N z. ~9(~~;~~~:: City of Federal Way High Point Park 3 (Final Plat) Detail Map 6 Map Date: November 5,1998. City of Federal Way, 33530 First Way S, Federal Way, WA 98003 (253) 661.4000. This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warranty as to its accuracy. Vicinity Map 51. Theresa Church Scale: 1 to 4440 1 Inch equals 370 Feet o 500 Feet ~ A OF Z. L\ ~J .""=. ~ - = GIS DIVISION ( ( tIIIJ,p-<<r (*Xl ..IN.... ""-s"'~,(~~_, NOl!)N~VM. ,oil"'" 'h'''~3$ 6US3MON3 v~no~~ 1. nd I.tJ'fNIWI13Iid III >lCltfd iNIOd H91H It I ::~:i:':~i I~ i ! II id 3. · ~k I '''31. ~ idpII. ~ ~ ti f: I~ :::::::.:~~ I !I ..~ ~~ b ~~ E 'lli ~ :s ~ . !; - I i j..: t.t t.l 'I"'~~ ~.U ~.~~ ,<(, I."'~ f::~~ IIi! ~~i~ !Ew2 E.h ~~~l n~l ~, ~ ~ ~ f ~ t ~ i ! ~ . . aU ll)~ ~,". --~ ~~ -.fa (3~ ,; <t)~ :;..c ~ I 0 I .. r ~ I .. ~ . 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I 1 " l \ (j ,. ~ G- al;!- z~! ~~! --------- : ~ RESOLUTION NO. 92-113 \ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF HIGH POINT PARK III, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S89P0049 (FEDERAL WAY FILE NO. lLA-90-0014-SUB). WHEREAS, applicant had applied to King County for preliminary plat approval; and WHEREAS, subsequent to the application, but prior to the Hearing Examiner hearing on the preliminary plat, the City of Federal Way incorporated; and WHEREAS, an interlocal agreement between the City of Federal Way and King County requires the City to make decisions on the preliminary plat application using Federal Way procedures and King County substantive criteria; and WHEREAS, as a condition of extending applicant's timeline to complete the preliminary plat application process, the applicant Qas agreed.to the application of the Federal Way Code Titles 16 and 22, relating to Parks and Open Space, and the 1990 Surface Water Design Manual Standards for this plat; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on May 12, 1992, concerning the preliminary plat of High Point Park III; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Findings, conclusions, Conditions, Recommendations and Decision on May 20, 1992; and EXHIBIT PAGE I D OF ~o COpy WHEREAS, the City Council of the City of Federal Way is the governmental body now having jurisdiction and authority to pass upon the approval, denial or modification of the conditions of said preliminary plat using the substantive criteria of the King County Codes; and WHEREAS, the City Council having considered the written record and recommendation of the Hearing Examiner, pursuant to FWC 16.110.40, on this date; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: section 1. The Findings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner issued on May 20, 1992, following a hearing held on May 12, 1992, which included a recommendation to approve the preliminary plat of High Point Park III subject to certain conditions, are hereby adopted as the Findings, Conclusions and conditions of the City Council. sect.lon 2. The City Council makes the following additionaI Findings of Fact: 1. This plat and the conditions for approval assure that appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds; and - 2 - EXHIBIT PAGE 2.. P OF zo 2. The public interest will be served by the granting of this preliminary plat. Section 3. Based upon the Findings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner, as adopted by reference by the City Council set forth hereinabove and the additional Findings of Section 2 herein, the preliminary plat of High Point Park III, Building and Land Development File No. S89P0049 (Federal Way File No. lLA-90-0014-SUB) is hereby approved subject to the Conditions contained in the Recommendation of the Federal Way Land Use Hearing Examiner Report for this matter dated May 20, 1992, attached hereto as Exhibit A and incorporated by reference. section 4. 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 Hearing Examiner for the City of Federal Way 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 - 3 - '<.. EXHIBIT 1> PAGE :1 OF 2.0 and applicable County and/or City ordinances, rules and regulations and forward such recommendation to the City Council for further action. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 16th day of June 1992. CITY OF FEDERAL WAY ~cr~ MAYOR, ROBERT STEAD -'Ay /\/ {) /L ~~~ .JITY CL~ MA EN M.SWANE~/ CMC I D AS TO FORM: \ G CITY ATTORNEY, CAROLYN A. LAKE FILED WITH- THE CITY CLERK: June 10, 1992 PASSED BY THE CITY COUNCIL: June 16, 1992 RESOLUTION NO. 92-113 92L491 - 4 - EXHIBIT 1> PAGE 4- OF z,o '\ OFFlCE OF THE HEARING EXA.1\1Th""ER OF THE CITY OF FEDERAL 'VA Y In Re the Application of Westmark Development Corporation For Preliminary Plat Approval of that tract of land known as High Point Park III ) ) ) ) ) ) ) ) ) FILE #ILA-90-0014-SUB FWHE #92-3 RECO I\.f1\.1E......a) A TI 0 NON PRELIMJNARY PLAT APPLICATION 1. BACKGROUl'H) Al\"'D SUMMARY OF APPLICATION High Point Park ill is a proposed subdivision of 11 acres into 20 single family lots (Exhibit A). The zoning for subject site at the time of application to King County (June 5, 1989) was RS 7200, Residential Single Family. Proposed lot sizes range from 8,582 square feet to 49,910 square feet, with an average lot size of 18,818 square feet. Primary access is proposed from the west (Hoyt Road and S.W. 331st Place) and secondary ~"" access from the north (42nd Place S.W.). Currently, S.W. 331st Place bisects the property into two areas. This road is proposed to be widened to 28 feet in width and regraded. All roads are proposed to be constructed to King County full street improvements (no half-streets) with sidewalks on both sides. Hoyt Road is proposed to be reconstructed along the east half fronting subject subdivision. The applicant proposes to serve the subject subdivision by means of a public sewer and public water system managed by the Federal Way Water and Sewer District and Tacoma Public Utilities respectively. Public water and sewer are available to serve the site. II. PROCEDURAL Th"TORMA TION Hearing Date: Decision Date: May 12, 1992 May 20, 1992 At the hearing the following presented testimony and evidence: 1.) Stephen Clifton, Senior Planner, City of Federal Way 33530 - 1st Way South, Federal Way, WA 98003 2.) Tom Touma, Project Engineer 15668 West Valley Highway, Seattle, WA 98188 ) EXHIBIT -./1... EXHIBIT J> PAGE S" OF ~o mGH POINT PARK ill FILE HILA-90-0014-SUB; F\VHE #92-3 PAGE 2 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1.) Staff Report A.) Preliminary Plat, Conceptual Grading and Utilities Plan, and Slope Analysis (Reduced). Vicinity Map. Application for Preliminary Approval (6/5/1989). Mitigated Determination of Non-Significance (MDNS) (2/13/1990). Preliminary Plat on which the Mitigated Determination of Non- Significance was Issued. Appeal Letter of SEPA Determination (2/21/1990) Hearing Examiner's Decision on SEPA Appeal (5/8/1991). King County Transmittal List. Correspondence from Department of Transportation (2/13/1990). . Correspondence from King County Conservation District (2/19/1990). Correspondence from Washington Natural Gas (2/23/1990). Correspondence from King County Traffic and Planning (2/12/1990). Correspondence from Washington State Department of Wildlife (4/12/1990). N.) Correspondence from King County Geologist (3/14/1990). 0.) Correspondence from King County Department of Parks, Planning and Resources (5/9/1990). Correspondence from King County BALD Division Site Development Review Section (6/27/1989). Q.) Correspondence from Seattle-King County Department of Public Health and Environmental Services (5/26/1989). Correspondence from Federal Way Water and Sewer (5/19/1989). Correspondence from Federal Way Water and Sewer (5/22/1989). Federal Way Development Review Correspondence from Federal Way Water and Sewer District (1/16/1992). D.). Federal Way Development Review Correspondence from King County Fire District #39 (1/16/1992). V.) Federal Way Development Review Correspondence from Federal \Vay Building Department (1/7/1992). Soil Classifications and Approximate Boundaries. Map depicting existing drainage pattern. Correspondence from Susan Meyer, Wetlands Specialists (1/16/1992). King County Administration Guidelines, Building Setbacks from Hazardous Slopes on Plats and Short Plats. AA.) Slope Analysis - Building Setback Lines from Hazardous Slopes. AB.) King County Slope-Density-Ratio Residential Guidelines for Sloping Ground. B.) C.) D.) E.) F.) G.) H.) 1.) J.) K.) L.) M.) '\ W.) X.) Y.) .Z.) ) P.) R.) S.) T.) EXHIBIT j) PAGE--'-OF 2.0 "'\. ) HIGH POINT PARK ill FILE #ILA-9o-0014-SUBj FWHE #92-3 PAGE 3 AC.) King County Chapter 21.49 -- Road Adequacy Standards. AD.) Correspondence from Federal Way Public Schools (1/24/1990). AE.) Correspondence from Federal \Vay Public Schools (1/10/1992). AF.) Map depicting school bus stops near subject site. AG.) Map depicting parks and spaces near subject site. AH.) Letter from King County to Tom Touma (7/8/1991). AI.) King County Motion 5952. 2.) Preliminary Plat Map 3.) Conceptual Grading and Utilities Plan 4.) Slope Analysis 5.) Letter submitted by Mrs. Robert Stiers ill. FTh~INGS 1. The applicant has a possessory ownership interest in an II-acre parcel of property bordered by Hoyt Road S.W. on the west, south of S.\V. 329th Place. The site is bisected by S.W. 331st Place which provides access from Hoyt Road, with a secondary access from the north via 42nd Place S.W. .. 2. The site is zoned RS 7200, which is a single-family residential zone with a minimum lot size of 7,200 square feet. The applicant is proposing to develop the site consistent with said zone into 20 single-family residential lots, with a minimum lot size of 8,582 square feet, a maximum lot size of 49,910 square feet, and an average lot size of 18,818 square feet. Public sewer and water are available to serve all lots. 3. The site slopes downward from east to west from a maximum elevation of 416 feet to a minimum elevation of 270 feet. Slopes range from 6% to over 40%, with the majority of the site averaging a 20 % slope. The applicant has shown all slopes of 40 % and steeper on the site plan. In addition, Native Growth Protection Easements are shown around all such slopes. Despite such slopes and easements all lots have an adequate building envelope to support a reasonably-sized single-family residential dwelling, without the necessity of a variance. Most of the steep slopes which exceed 40 % are located in the south portion of the plat, which has the larger lot sizes. 4. The site is bisected by a major drainageway flowing from east to west across the south portion of the plat and terminates at Tract B which is located at the northwest corner of the intersection of S.W. 331st Place and Hoyt Road. This tract is the location of the plat drainage pond. In addition to the on-site detention facilities the drainage plan includes on-site filtration, oil/water separators, and a bio-f1..ltration swale. Condition 7 requires the applicant's drainage plan to meet the requirements of King County Ordinance 91.63 and be designed by a professional engineer. EXHIBIT D PAGE 7 OF to ffiGH POINT PARK ill FILE #ILA-90-0014-SUB; F\VHE #92-3 PAGE 4 \ ') 5. Except for the northeast corner, plat soils consist of alderwood gravelly, sandy loam (AgD), which is characterized by severe erosion hazards. Building foundations are severely limited in AgD soils. A condition of approval requires that a site-specific geo- technical engineering report be submitted with each building permit application for lots containing slopes in excess of 20 %. Goo-technical reports are also required to address road and utility construction. 6. The site is presently undeveloped and is heavily wooded with trees and second story vegetation. Surrounding uses include single-family residential plats, and a church bordering the east property line. The proposed single-family development is compatible with existing and proposed adjoining uses and the immediate neighborhood. 7. The site will generate approximately 224 vehicle trips per day and will not have a direct traffic impact on any intersection or roadway within the city of Federal Way operating at LOS F. Thus the traffic impact is below the threshold to warrant mitigation for surrounding roadways or intersections. However, the applicant has agreed to provide mitigating measures which include the design and. construction of roads in accordance with the 1987 King County Road Standards; the re-grading of S.W. 331st Place to a uniform maximum slope of 15%; increasing the width of S.\V. 331st Place from 26 feet to 28 feet; and correcting sub-standard site distance at two intersections within the plat and at the intersection of S.W. 331st Place and Hoyt Road S.W.. 8. Because of the steep slopes on the site, in lieu of dedicating land for park purposes, the Federal Way Parks Department is recommending that the applicant pay a fee of $22,185 pursuant to Title 22.30 of the Federal Way Zoning Code. The applicant has agreed with the alternative mitigating measure. 9. At the time the preliminary plat was submitted there were no ordinances in place requiring the mitigation of school impact fees, and therefore none will be required. However, the applicant has agreed to work with the school district to address crosswalk needs. 10. The applicant questioned the need for an additional wildlife study since a similar study had been previously prepared in conjunction with the hearing on the environmental appeal in this matter. The Community Development Department agreed that a new study was not required, and the proposed condition requiring a study is eliminated. EXHIBIT I> PAGE-LOF ZO IDGH POINT PARK III '\ FILE #ILA-9a-OOl4-SUB; F\VHE #92-3 PAGE 5 11. A letter expressing concerns regarding drainage from this site and another site in the area was submitted by Mrs. Robert Stiers. She is concerned about existing drainage impacts to her property which is located down the hill from her site, and is further concerned that said impacts will be exacerbated by the development of this site. As previously indicated the drainage system will be designed by a professional engineer, and will be to King County Standards. The drainage system is adequate to accommodate storm water from the plat and downstream properties should not be adversely impacted. IV. CONCLUSIOI\S 1. The proposed preliminary plat of High Point Park III is consistent and compatible with the goals and objectives of the 1985 King County Comprehensive Plan, and the 1986 Federal Way Community Plan and Area Zoning. If the applicant complies with the recommended conditions of preliminary plat approval, the proposal will comply with Titles 19 and 21 of the King County Code, as well as other official land use controls of King County. The proposed preliminary plat will also comply with the City of Federal Way Code Titles 16 and 20 for open space, and the 1990 King County Surface \Vater Manual. '\ 2. The proposed preliminary plat of High Point Park III makes appropriate provisions for the public health, safety, and general welfare; open spaces; drainageways; streets and roads; transit stops; potable water supplies; sanitary waste; parks and recreations; playgrounds; schools and school grounds, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. The preliminary plat of High Point Park III will serve the public use and interest by providing an attractive location for single-family residential development in a growing area of Federal Way. V. RECO~fl\ffil\1)A nON It is hereby recommended that the request for preliminary plat approval of High Point Park III be APPROVED subject to the following conditions: 1. The plat shall comply with all platting provisions of Title 19, King County Subdivision Ordinance (with the exception of 19.38, open space requirements, see condition #16). 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952 (Exhibit AI) except as modified for the City of Federal Way. .'\ EXHIBIT PAGE , }) OF Z~ HIGH POINT PARK ill \ FILE #ILA-9o-0014-SUB; F\VHE #92-3 PAGE 6 3. The area and dimensions of all lots shall meet the minimum requirements of the RS 7200 zone classification. Compliance with the conditions of preliminary plat approval may result in reducing the number and/or location of lots as shown on the preliminary approved plat. 4. The applicant must obtain the approval of the City of Federal \Vay for the adequacy of the fire hydrant, water main, and fire flow standards. 5. A Developer Extension Agreement must be entered into between ~he applicant and the Federal Way Water and Sewer District for the water system. As part of the design of the water system, looping of the new system to existing mainlines may be required to provide circulation and maintenance enhancements, and piping . . shall extend to far edges of the property in accordance with the requirements of the Federal Way Water and Sewer District. 6. A Developer Extension Agreement must be entered into between the applicant and the Federal Way Water and Sewer District for the sewer system. As part of the agreement, the applicant will be required to extend sewer mains to the far edges of the property where property can be served, and to construct off-site utilities to obtain services. In addition a collection system is required to extend to the fc.r edges where uphill property can be served. . ." 7. Final plat approval shall require full compliance WiL~ drainage provisions set forth .in King County Ordinance 9163 as established in the 1990 King County Surface Water Design Manual (1990 KCSWDM). Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Code and requirements and shall apply to all plats: . a. Federal \Vay Public Works Department approval of the drainage and roadway plans is required prior to any construction. b. A separate Erosion and Sediment Control (ESe) plan for this project shall be submitted with the drainage and roadway plans. The plan shall show the limits of the area to be cleared (limits of clearing) during construction of roads and the installation of drainage improvements and utilities, and provide a schedule of construction (construction sequence). The plans shall include provisions for protecting exposed soils from weathering by wind or rain by covering piles of soil with tarp. The plan shall comply with core requirement No.5 of the 1990 KCS\VDM. EXHIBIT \) PAGE-ILOF to .... mGH POINT PARK III FILE #ILA-90-0014-SUB; F\VHE #92-3 PAGE 7 Due to potential erosion hazard, clearing shall be limited only to the months of April through September, and only to those areas required for construction of roadways and utilities. Prior to any clearing or grading, a boundary delineation acceptable to the City of Federal Way shall be provided on the site between lots and any areas designated as a NGPE. Said boundary delineation shall remain in place until a dwelling is constructed on the lot or ownership transferred to the first owner-occupant at which time a five foot fence shall be installed. c. Retention/detention (RiD) facilities used to control runoff from the site to off-site drainage courses shall be located in a separate tract. Access for maintenance shall be provided to all facilities. This will require a 15-foot access roadway to all RID manholes. The design frequency storm events shall be 2-year, 24 hour and lO-year, 24-hour with runoff from the site restricted to no more than the pre-developed runoff rates for those storm events. Detention volume in the pond shall be increased above this design level by 30 percent in accordance with the 1990 KCS\VDM. ." d. Prior to recording of the fmal plat, those portions of the retention/detention facilities necessary to control the flows discharging from the site shall be constructed and operational. e. Oil/water separation facilities shall be provided at each point of permanent stann drainage release from the site to prevent contaminants from entering the natural drainage features, both off-site and on-site. In addition to oil/water separators, the applicant is required to provide biofJ.ltration prior to discharge of stonnwater. Such biof1.1tration includes 200 feet of broad, flat-bottom, grass-lined swales or equivalent, the design of which shall be in confonnance with Section 4.6.3 of the 1990 KCSWDM. A 15-foot gravel access shall be provided along the entire length of each biofiltration swale for maintenance. f. Drainage outlets (stub-outs) shall be provided for each individual lot, except for those lots approved for inf1.1tration by the City of Federal Way. Stub-outs shall be shown on the engineered plans and shall conform to the following: EXHIBIT j) PAGE.iLOF It> ffiGH POINT PARK ill '\ FILE #ILA-90-0014-SUB; FWHE #92-3 PAGE 8 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof downspouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location. 2) Outlets on each lot shall be located \ltith a five-foot-high, 2" x 4" stake marked "storm". The stub-out shall extend above surface level, be visible and be secured to the stake. 3) Pipe material shall conform with underdrain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable feature detectable from the surface. -., 4) Drainage easements are required for drainage systems designed to convey flows through more than one lot. 5) All individual stub-outs shall be privately owned and maintained by the lot home owner. g. In some cases, on-site stormwater infiltration systems may be suitable for use on individua110ts depending on soil conditions. The system shall be used where suitable. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at 6-foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water and the occurrence of mottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. If the soils report is approved, the infiltration systems shall be installed at the time of the building permit. A note to this effect shall be placed on the face of the final plat map. The drainage plan and the f111a1 plat map shall indicate each lot approved for inf1.ltration. A typical infiltration system design shall be submitted for approval with the plat drainage plans and shall be referenced on the final plat map. The design shall be in conformance with Section 4.5.1 of the 1990 KCSWDM. EXHIBIT ~ PAGE 12. OF Z6 HIGH POINT PARK III FILE #ILA-90-0014-SUB; F\VHE #92-3 PAGE 9 " 8. h. A downstream drainage analysis shall be included with the drainage plan. This analysis must extend for a minimum distance of 1/4 mile from the point of release of each flow discharging from the site. The analysis shall conform to Section 1.2.2 of the 1990 KCS\VDM and must address any existing problems with flooding, capacity, overtopping, scouring, sloughing, erosion or sedimentation of any drainage facility, whether natural or man-made. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals a more restrictive situation, more stringent drainage controls, than would otherwise be necessary for a project of this type, may be required. These controls may include additional on-site rate andlor volume controls, off-site improvements, or a combination of both. Any off-site improvements will require the approval of all affected property owners. . i. Current standard notes and Erosion/Sedimentation Control (ESC) notes, as established by the City of Federal Way Public Works Department, shall be placed on the engineered plans. j. The following note shall be placed on the face of the final plat map: "All building downspouts, footing drains, and drains from all impervious surfaces, such as patios and driveways, shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with the City of Federal Way Public Works Department under Project # . This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the fmal building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed prior to certificate of occupancy and shall comply with plans on file. " a. The following shall be protected by a Native Growth Protection Easement (NGPE) , dedicated as separate tracts, and depicted on the engineering plans and the face of the recorded final plat * Areas with slopes of 40% or greater. * Slopes 25 % or steeper adjacent to slopes of 40 % or greater. * Tract "A" northeast of existing S. W. 331 st Place and proposed 42nd Place S.W. EXHIBIT j) PAGE 13 OF 16 mGH POINT PARK ill '\ FILE #ILA-90-0014-SUB; FWHE #92-3 PAGE 10 b. The following statement shall be shown on the approved engineering plans and recorded final plat: "Building Setbacks and Native Growth Protection Easements (NGPE) Structures, fill and obstructions (including, but not limited to decks, patios, outbuildings, fences or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted floodplains (if applicable), and within any Native Grov..1h Protection Easement(s) as established during engineering plan review. Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by the City of Federal Way, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed or damaged without express permission from the city of Federal Way, which permission must be obtained in writing from the City of Federal Way Department of Community Development or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Federal Way or its successor agency. " c. The boundaries of the NGPE and all Building Setback Lines (BSBL's) shall be shown on the face of the recorded plat by delineating their distance at each property boundary from an adjacent property corner and by indicating their distance from an approximately or precisely located natural feature (typically the top or toe of the slope). EXHIBIT j) PAGE J+ OF to '\ HIGH POINT PARK ill FILE #ILA-90-0014-SUB; F\VHE #92-3 PAGE 11 d. As part of the review, the applicant must prepare a special study recommending construction procedures to insure th2.t no impact will occur to any area within 10' of the NGPE and demonstrate that the structure will in no way increase or concentrate surface water over the top of the slope. 9. A five foot tall fence must be installed on the edge of any NGPE area at the time that a dwelling is constructed on the adjoining lot or ownership of that lot transferred to the first owner-occupant. This fence must be constructed of such material which would allow visibility of the NGPE from the lots. A statement to this effect must be placed on the face of the recorded plat. 10. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 8041 (1987 King County Road Standards). 11. There shall be no direct vehicular access to or from Hoyt Road for any lots abutting it and S.W 331st Way for lots #7-#10. 12. All roadway improvements shall be improved with vertical curb, gutter, and sidewalks on both sides for internal roadways, east side for Hoyt Road. 13. a. All right-of-ways, roads, and sidewalks shall be dedicated to the public upon recording of the fmal plat. b. A geotechnical report shall be prepared by a licensed geotechnical engineer to address recommended designs for the proposed roadways. The report shall detail the soil and groundwater conditions. The recommendations to ensure integrity of future roadways shall be subject to review and approval by the City of Federal Way. 14. All internal roads will be constructed to King County full street improvements (no half-streets). The following lists the classification of each: a. S.W. 331st Place - Subcollector b. 42nd Place S.W. - Minor Access .c. Unnamed cul-de-sac west of S.W. 331st Place - Minor Access Note: If paved width of minor access streets are to be less than 28 feet, each lot shall provide for four off-street parking stalls per King County King County Road Standards Section 2.03 note #8). EXHIBIT j) PAGE IS OF 20 ) mGH POINT PARK ill FILE #ILA-90-0014-SUB; FWHE #92-3 PAGE 12 15. Hoyt Road S. \V. shall be constructed to King County full street Secondary Arterial standards for the east half fronting subject project. 16. Twelve feet of additional right-of-way for Hoyt Road S.W. shall be dedicated along the western property boundary, allowing for 42 feet of right-of-way from the control centerline. 17. Hoyt Road improvements shall include a Class 2 Bicycle facility. 18. Planter islands within cul-de-sacs shall be landscaped to the approval of the City of Federal Way. The planter islands shall also be permanently maintained by the abutting lot owners. This shall be stated on the face of the final plat. 19. The applicant shall comply with Federal Way Titles 16 and 22 by providing for 1.1 acres of usable open space or pay to the City of Federal Way Parks Department a fee-in-lieu of reservation or dedication for usable open space and parks in the amount of $22,185.00. '\ 20. Any fencing constructed along any street shall include a landscaped area placed along the perimeter of each fence. This shall be placed on the face of the plat prior to final plat recording. Adjacent property Q',l,'ners shall be responsible for the continued maintenance of subject landscaping. 21. At the time of recording of the fmal plat, any open space areas, including any areas designated as a NGPE shall be dedicated as separate tracts. In order to provide for its ownership and continued maintenance, said tracts shall be either dedicated to the City of Federal Way or to a Homeowners Association or other workable organization. The determination as to ownership shall be made by the City of Federal Way prior to recording of the final plat. 22. If a Homeowners Association is formed, the Declaration of Protective Covenants, Conditions, and Restrictions shall be reviewed by the City of Federal Way to ensure that adequate provisions are made for ownership and maintenance of common areas. 23. -Easements shall be provided for all utilities not located within public right of way. The width of the easements for the individual utilities shall be approved by the respective utility provider. These easements shall be clearly labelled on the face of the final plat. ....... EXHIBIT I> PAGE--LOF Zb ) HIGH POINT PARK III FILE #ILA-90-0014-SUB; FlVHE #92-3 PAGE 13 24. A 10 foot utility easement shall be provided along the front 10 feet of all lots and tracts adjacent to the proposed streets. The following statement shall be noted on the face of the final plat: "Easement Reservations An easement is hereby reserved for and granted to any public utility and their respective successors and assigns, under and upon the front ten feet parallel with and adjoining the street frontage of all lots and tracts in which to install, lay, construct, renew, operate and maintain underground pipe, conduit, cables and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with utility service, together with the right to enter upon the lots at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition. No utility lines shall be placed or permitted to be placed upon any lot " unless the same shall be underground or in conduit attached to a building." 25. The following has been established by SEPA as a necessary requirement of this development as mitigation. The applicants shall demonstrate compliance with these items prior to fInal plat approval: Construction work related to clearing, filling, or grading shall be limited to April! to September 30, inclusive. Select clearing, filling, or grading activities may be allowed outside of this time period on a weekly basis, provided written approval is granted each week by BALD for specific activity . NOTES: Measures to mitigate the following identified impacts will be determined by the Hearing Examiner and placed on the proposal under the authority of King County codes and ordinances at the time of the Subdivision public hearing. Erosion and Sedimentation (KCC 9.08), Drainage (KCC 9.08), Surface Water Run-off (KCC 9.04), Sensitive Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction (Ord. #8041). Note: Due to incorporation, any statements referencing submittals to, and review by King County BALD, shall instead be submitted to, and reviewed by Federal Way. EXHIBIT I> PAGE 11 OF 1,0 HIGH POINT PARK ill FILE #ILA-90-0014-SUB; FWHE #92-3 PAGE 14 26. The applicant shall participate with the City in developing and financing school bus crosswalks in the area. The exact location of these crosswalks shall be determined by the City of Federal Way and the Federal Way School District. 27. The applicant shall demonstrate compliance with King County Slope-Density Ratio Residential Density Guidelines for Sloping Ground. 28. The applicant shall demonstrate compliance with Administrative Guidelines Building Setbacks From Hazardous Slopes On Plats and Short Plats. 29. A geotechnica1Jsoils report shall be submitted along with each building pennit application for any lots containing slopes in excess of 20 %. This condition shall be placed on the face of the plat prior to fmal plat recording. 30. The easterly terminus of S.W. 331st Place shall provide a temporary turnaround in conformance with the design criteria in the 1987 King County Road Standards. ." Dated this 20th day of May, 1992. VI. RIGHTS TO RECONSIDERA nON AND CHALLENGE Any person who has a right to challenge a recommendation under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Planning Department within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal Way Zoning Code. Within ten (10) working days after receiving a request for reconsideration", the Hearing Examiner shall notify the persons who have a right to appeal under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner '- EXHIBIT J) PAGE~OF z'D ') -) mGH POINT PARK ill FILE #ILA-90-0014-SUB; F\VHE #92-3 PAGE 15 may be challenged by any person who is to receive a copy of that recommendation pursuant to FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the Planning Department within fourteen (14) calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is flied, then within fourteen (14) calendar days of either the decision of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of appeal, the fee established by the City. The appeal will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. EXHIBIT P PAGE l' OF ZtJ ... <n (:::)(5 a~ ~r \I ~ ~ <: ~Q: L5 l1Jcn -J~ C5~ U)~ ~ "..j v ~ ~ <( -.J Q. ~ S I :~ I ~I I ~I I ) I / / i. ~ / /', ~ <' ',.<0 \ \ ~ '\ '\ '\ ~ '\ \ EXHIBIT I> PAGE I,IJ OF ZoO w[lJill~u RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING, WITH CONDITIONS THE FINAL PLAT OF HIGH POINT PARK III, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S89P0049 AND FEDERAL WAY FILE NO. lLA-90-0014SUB WHEREAS, the preliminary plat for High Point Park III, King County Building and Land Development File No. S89P0049 and City of Federal Way File No. lLA-90-0014SUB, was approved subject to conditions, on May 20, 1992, by Federal Way Resolution No. 92-113, and WHEREAS, the applicant submitted the application for final plat for High Point Park III within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, City of Federal Way community Development Services staff, having reviewed the proposed final plat for its conformance to the conditions of the preliminary plat; and WHEREAS, the Land Use/Transportation Council Committee considered the application for final plat for High Point Park III at its November ,1998 meeting and recommended approval by the full City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings of Fact. The Federal Way City Council makes the following Findings of Fact: , pagel 1 EXHIBIT E. PAGE-1__0F If- Res.# 1. The final plat for High Point Park III, King County Building and Land Development File No. S89P0049 and city of Federal Way File No. lLA-90-0014SUB, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances and other land use controls in effect at the time of submittal of the complete application. 2. All conditions as contained in the May 20, 1992 Recommendation of the City of Federal Way Hearing Examiner, as adopted by the City Council in Resolution No. 92-113, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant. 3. Ninety five percent (95%) of all required improvements huve been made and sufficient bond, assignment of funds, or other security have been accepted by the city of Federal Way as financial guaranty for completion of all required plat improvements. 4. All taxes and assessments owing on the property being subdivided have been paid. 5. The following additional conditions adopted by the City Council on May 15, 1990 at the time of preliminary plat approval have been satisfied: a. The applicant has constructed the surface water drainage system of sufficient capacity to provide detention for the volume of water involved in a one hundred year event storm, with an outflow rate equal to the two year event storm. Res.# , Pagel 2 EXHIBIT PAGE 1.. E OF + b. The surface water drainage has been reviewed by King County Surface Water Management for compliance with the King County and Federal Way Surface Water Management Codes and meets the requirements of the King County Surface Water Management Department. c. In acknowledgment that the city of Federal Way had no City-owned park and recreation facilities at the time the preliminary plat was filed, and that a determination had been made by the applicant and the Hearing Examiner, that a fee in lieu of dedication should be paid to the city of Federal Way and not King County. section 2. Approval. Based upon the above Findings of Fact, the final plat of High Point Park III, King County Building and Land Development File No. S89P-0049 and city of Federal Way File No. lLA-90-0014SUB, is approved, subject to execution and delivery of a Bond, Assignment of Funds, or other security instrument in form and content acceptable to the City, sufficient to guarantee satisfaction of the conditions that are required by the city. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. All recording fees shall be paid by the applicant. , Pagel 3 EXHIBIT PAGE :3 E OF + Res.# Section 4. severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the author~ty 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 , 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. EXHIBIT E PAGE_+_~_OF + Res.# , Pagel 4 11/18 '9811 :10 ID:LANIERFAX3800 FAX: PAGE 2 I" I ~ AGREEMENT THIS AGREEMENT entered into this day of . 1996. between tho CITY OF TACOMA. 8 municipal corporation, for aDd OIl behalf of its Department of Public Utilitios, Water Division, herciDBftcr rcf'emd to u tile "City, - 8Dd Davlin Consuueuon. Inc., and University IlM:StJDent Corporation hereinafter rcf'cned to II the -Contractor- and the -x>eve1oper,. rapoetively. WITNESSETH TBA~ WHEREAS the Cont.ractor and Developer have proposed to iftsIalIll the DeYe1oper'a c:o.t estimated to be the sum of: $ 33,445, a water distribution main and rclalClCl operating equipment and appurtcnam:cs to City staridards and speciftcaUON at the panicu1ar location indicated in the following described area: The Plat of Blp Point Park m located at Hoyt Road S. W. aad 33l1t Place S.W., In the SW & SE J/4 Sec:doa 14. T21N, IUE. W.M. (private ~trac:t No. 1993-31) the details of which are further n:f'erred to on DrawlDg No. 1993-31, attached hereto. marked Exlu'bit II A. and by this reference incorporated herein, and to furnish a bond to the City, to guarantee full performance 8J\d to indc~ and hold lhc City twmleu from all Uena and defective materials or ClqWpmcnl. a copy or said bond being attached, marked Exh.Ibit "B,. aDd by thia RferoDcc inoorporatod herein. and WBEIlEAS at the "?,,,plctioo or sald "'"'" the DoveIopcr P"'f"Il O~. Q id system and Improvement to the City. \J . -r I . . NOW, THEREfORE, in consideration of tile mutual benefits to be derived, it is agreed 1.5 follows: 1. The Contm;tor shalJ proceed to furnish said pcrfonnanc:e bond and, at the QOSt as dctennined by City.. to co~ the said imp1'OYClDClll j.n ac:cordaDc;c with City aandard& and specifications.. a copy of which i. altKhod. marked Eldlibit .C," and by the reference incorporated herein. 2. Upon completion of the work by tho Conb'lCtOr, and upo'n ac:c:epIanQC or the impl'OY'Cl1lcnt by the City for the purpoee of providing maintenance and operation, the waleI' main and appurtcnan~ automatically become the property of the City. ~. From the date of acccptancc of this project, 1M City shall maintain and operate the dJlUibution maiRl, valves. meter&, IICMCClS and other appuncnances. and provide ICMCIC in ICQOrdance with Chapter 12.10 of the OftlQial Code of the City of'Tacoma, subject to all torma, oovenanta and conditions thereof. ,~~~ ngmeer CITY or TACOMA DEPARTMENT OF PUBLIC trnUTlES By#L~ I' or ofUtilitics -1>iP-e4: /~ lt~~~, ~ ~~ perintcndc ater Divisio CONTRAcroR: DAVLIN CONSTR.. INC. By/lIrA 4k.J ~ aVid Waud. President !ill /.l/f ~ ]Jft/E w;~M6A.-T cp/JAJMfZ,v/ DEW PER: UNIVERSl1YINV. CORP. ~...A4 "A-._. I I-V'i,Q~ I~V -,.c.f f.lVu.r'()'","f-V EXHIBIT F PAGE-.l.__.._OF__ 3 11/18 '98 11: 10 ID:LANIERFAX3800 FAX: PAGE 3 ~ Tacoma PublIc Utl/ltl.. etober 2, 1997 Mark Criss,," Din:ctur 3628 South'35th Slr~t P.O. Box 11007 Tncumn, WA 1/&411-0007 University Investment Corp. 8549 Hunts Pointe Lane Bellevicw W A 98004 Division5 Light Wllter Belt Une Dear Gentlemen: Water Main Installed Under Private Contract No. 1993.31 High Point Park Division 3 Please be advised that the water mains and appurtenances installed under the subject project have been constructed, hydrostatically tested, flushed. and sampled.in accordance with our.approved plans and specifications and are now in service. The fire flow available in this area is approximately 8,000 OPM for a duration of 60 minutes. THESE NEW MAINS WILL NOT BE OFFICIALLY ACCEPTED for operation and maintenance by the City until. after City forces perfonn a fmal inspection of the completed site, and all required correction to water main facilities are madc. THE DEVELOPER MUST NOTIFY US AS SOON AS THE SITE IS COMPLETED AND READY FOR FINAL INSPECTION. The Contractor /Developer's Performance Bond shall remain in full force and effect for one year following final acceptance. If an Assignment of Funds. Letter of Credit. Cashier's Check or Certificate of Deposit was submitted in lieu of a Bond. it may be substituted for with a performance Bond of the same amount, .at the time offinal acceptance. Fees for the installation of your water services should now be paid if you have not already done so. - Also, you should .notify your surveyor to prepar~ the water easements,' if applicable. Note that if easements are required no services will be installed until the appropriate easements have been submitted to us for recording. If you have any questions please call me at 502-8746 Sincerely. ~~ Utility Services Specialist Water Division GW:ro Ene. ce: Davlin Construction, Inc. Carl Anderson, Public Works Bldg. Div. Tom Dolan, Public Works - BiUS ~Gettnty Fire: Marshal F~.1 wA1 EXHIBIT F PAGE~_.OF 3 11/18 '98 11:11 ID:LANIERFAX3800 FAX: PAGE ---....--,--. T~~ ~ ~ ~ TACOMA WATER ~. 3628 South 35th Street P.O. BOll 11007 Tacoma, Washington 98411.0007 TACOMA PUBLIC UTILITIES September 9, 1998 Mr. Nizar Sayani University Investnlent Corp. 8549 Hunts Point Lane Bellevicw. W A 98004 Dear Mr. Savani; Fin a) AcceptaDce of Private CODtract No. 1993-31 We hereby certify that DavliD Construction, Inc. and Cobra Construction Compauy has completed the work of installing a water main for the plat of High Point Park Div. III located in Hoyt Road & SW 3311t Street, in accordance with approved plans and specifications. During construotion, the material, appurtenant equipment and workmanship were inspected, and the Dlain was tested hydrostatioally under a pressure of200 p.s.i. The above installation complies with the requirement fOf a permanent water main, and _ has been accepted this date by Tacoma Water for operation and maintenance as authorized by Public Utility Board Resolution No. 8942. Sincerely, ~~ fr Linda McCrea, P.E. Water Distribution Manager co: Davlin Construction, Inc. Cobra Construction Co. Jeny Thorson, Fire Marshall EXHIBIT PAGE 3 F OF 3 LM:ro doc;0791 f 4 --_.~ I f j I -_J . I RECEIVED BY COMMUNITY DEV8DPMENT DEPARTMENT RECEI'![D Tf;:S DAY ~ov J8 m9fiIGH POINT PARK III Agreement No. 95-336 Jua 25 IZ 30 f'i1 '96 r. _. : . l.'i' . ..;,:"A;)G R E E MEN T THIS AGREEMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington. hereinafter referred to as the "District" and HIGH POINT JOINT VENTURE, C/O UNIVERSITY INVESTMENT CORPORATION, 8549 HUNTS POINT LANE, BELLEVUE, WA 98004-1102, hereinafter referred to as "Developer". WITNESSETH: WHEREAS, the District operates and maintains a sanitary sewer system within its boundaries which can serve property of Developer, ~ ~ d" :> .-i :;, ~ ~ o ,., and WHEREAS, Developer desires to construct certain sewer mains and appurtenances at its own cost to serve Developer's property, for delivery to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that: ::> ~ .. 1. The land for which domestic sewer service is r~uested and to which this Agreement applies, is realty in King County, Washington, legally described in Exhibit "A", attached hereto and by this reference incorporated herein. By executing this Agreement, Developer represents and warrants that it is the owner of record of the above-described property. If such representation of ownership is invalid, this Agreement shall be void. Developer agrees that the District may require Developer to furnish a title report for the property at Developer's expense. ~ x 2. At the time the Developer executes and delivers this signed Agreement to the District, the Developer shall pay all associated charges as set forth in Resolution No. 95-793, or any subsequent amendment thereto, which charges are more specifically described as follows: 3 !!:l [3 ~ Section B - AJ-2: Developer Extension Charge - deposit against the District's administrative, inspection, engineering, legal and other costs, including the cost of main cleaning prior to accept- ance, associated with the extension of water facilities. $ 5,700.00 >- ~ ~ "" :.e :5 ~ ~ (See subsections a & b below.) .D N :p e ~ ,. , ,:. Page 1 ',' ~ .:f~ .;,',.' i..,; t....~ . ,..\J;,XHIBJT PAGE I 5to r /lI-(JO 4}2. 2~5 IPoou q5l1o~qo .'. ~l~:~~ I.;.. <r OF~ Section C - AJ-3: Latecomers Admini- strative Fee to cover the District administrative cost for Latecomer pay- back associated cost. $ .00 Section E: Right-of-way construction to cover District's cost associated in the Right-of-way Construction Permit for city, county, and/or state permit. $ .00 Total: $ 5.700.00 a. These amounts shall be paid to the District, prior to the District's execution of the agreement, as a deposit against actual expenses. The District shall determine, on a monthly basis, its actual costs associated with the project and shall submit to Developer,if and at such time as its expenses exceed the deposit herein, a request to increase said deposit by such additional amounts as are due to repay the District for actual costs in excess of the amount previously collected plus an amount to increase said deposit to the next five hundred dollar ($500) increment. Payment shall be made within thirty days of the date of the letter requesting same. In the event that the deposit exceeds the District's actual expenses, the District shall issue to the Developer, at project closing, a refund of such unused amounts. tt:> N 'lj' o ~ o ~ o c./) ( b. The Developer Extension Charge deposit includes the expense of the District's review of preliminary plans, which review shall not in any way be deemed an approval of plans for construction purposes. 3. In the event this Agreement is not executed and returned, along with the above-referenced charges, within six months from the date of transmittal of same to the Developer, which date of transmi ttal is APR ll.. '2.5) ,<1 '1 tp , the Agreement shall be void and a new Developer Extension Application, along with application fee, will be required. 4. In the event work and construction described herein is not commenced wi thin six ( 6 ) months from the date plans and specifications have been approved, this Agreement shall be void and of no force or effect whatsoever. In the event that \'lOrk has commenced within the time period specified herein, construction shall be completed on or before MAY ~1) 11<11 If construction is not completed by such date, this Agreement shall be void and of no force or effect whatsoever. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement~ 5. The District's engineers shall review final plans and specifications for sewer main construction to be performed by the Developer under this Agreement. If preliminary plans are not deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developer's contractor shall meet with District representatives for a pre- construction conference before construction is commenced. The Developer shall submit mylar originals and duplicate reproducible mylar originals prior the preconstruct ion conference. Page 2 . . ( '". I ":".~:.:; :..,. ,):,:,':':::'. 'EXHIBIT -I;..' .;:" . '/.:,F\'PAGE z., 6 OF " 6. Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed. In furtherance of this obligation, Developer shall procure from its design engineer, Touma Engineers' , or such other licensed engineer or surveyor that will be consulting on the construction phase of the project, a written statement, which shall be submitted to the District prior to the preconstruction conference, warranting and guaranteeing that accurate data will be collected during construction of the facilities to enable the engineer to submit actual and reliable "as-built" locations to the District. At the conclusion of construction and prior to and as a condition of acceptance, the engineer shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and that the "as-built" drawings submitted to the District are accurate and reliable. The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of the warranty of location described above. No approval of any new engineer or surveyor shall be unreasonably withheld by the District. ~ N ~ o ~ o C'- o r.c 0') 7. In the event an easement is required over realty other than realty described in Paragraph No. 1 herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to the preconstruct ion conference. Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete. 8. Construction shall be performed in accordance with District approved plans and specifications and only under the supervision of workers or craftsmen experienced in the installation of sewer mains and the related work. 9. By execution of this Agreement, the District does not guarantee sanitary sewer service will be provided to realty described herein. In the event that any District facilities, such as lift stations, treatment plants and sewer trunk lines, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damages which occur to Developer arising out of such District refusal to connect or time delay necessary to take remedial action. 10. The District shall not be obligated to allow connection of any property designated in the King County Sewerage General Plan as "Non-local Service Area". 11. The Developer and its agents agree to indemnify and hold the District harmless from any and all claims which may be assessed against the District as a result of the construction or maintenance of the work described in this Agreement prior to acceptance by the District. The Developer shall maintain in full force and effect during the construction period, liability insurance in the minimum amounts as follows: Bodily injury liability coverage with limits of not less than $500,000.00 for bodily injury, including accidental death to anyone person, and subject to that limit for . ~. "-. , ..: Page 3 ~ ~ ~~H ;";. .: . ....:. ~..: . "... . .:. '; ~ .... q.~,:",:'~,J"'" ',,', ,,'EXHIBIT , . . ,.:.:,./::f,!il:'PA't3'E ) c;. OF '3 each person, in an amount of not less than $1,000,000.00 for each accident; and property damage coverage in an amount not less than $1,000,000.00 for each accident. A certificate of insurance shall be provided, prior to the preconstruct ion conference, stating the amounts of the coverage and the inclusion of the District as an additional insured. Ten days written notice shall be given to the District for cancellation or expiration of this insurance. 12. Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (not including Saturday, Sunday, or national holidays) prior to such date. No sewer facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently, and in a first-class workmanlike manner be carried to completion. Developer shall maintain at the construction area at all times during construction, a representative to whom District notices may be given regarding construction. Said representative shall be designated in writing by the Developer before start of work. Developer may request inspections during construction upon two (2) days notice to the District. 13. Testing of sewer facilities shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be accepted. Developer agrees that at such time as the District has performed inspection of the sewer connection and has delivered an itemized punch list to Developer and/or Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. ~ N ~ o ~ o l'- C c.... C') 14. Upon completion of construction, Developer or contractor shall deliver to the District a bond in the amount of ten percent (10%) of construction costs or $5,000.00, whichever is greater, that a reliable contractor will make and pay for repairs necessary within one (1) year from the date of acceptance of said construction, arising from faulty labor or material. Form,of bond is to be approved by attorney for the District. Developer shall also deliver a Bill of Sale for sewer mains and appurtenances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 15. Upon completion of construction, Developer shall submit for acceptance and approval to the District a statement of monies and/or other accounting of monies expended to perform construction described herein, together with such other engineering records and data as may be required by the District. 16. Work and construction performed under this Agreement shall not be connected to the District's sewer system until all provisions and requirements of this Agreement and District Resolutions, on the part of the Developer, have been fully complied with. 17. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent of Federal Way Water and Sewer. 18. Developer shall not assign this contract without the written consent of the District. .10 .;. ~ . . :.: : \" ,',:':.....= r';":.::.., "'. Page 4 , " .. .-' '. ~.:!~.~:. ." '.':~/~';'~ :.'E'XHIBIT Gr pAGE~OF '1 t. . 'tfl ;. :..: :.. ~j ;.~~ ,.. 19. The District shall provide sanitary sewer service following the District's acceptance of the sanitary sewer system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No. 95-793. Said connection charges shall consist of the Capital Facilities Charge (CFC), Side Sewer Permit Fee and any other such charges to be levied in accordance with said District Resolution No. 95-793 or amendments thereto or any other applicable District Resolution at time service is requested. 20. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 21. This Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, as stated herein, the District may foreclose said lien in the manner authorized by law. 22. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. (/) N 'd" o ,-j o ~ o tI:; O"J 23. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisions of this Agreement against the other~ that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its actual attorney's fees and costs, including those incurred on appeal. WITNESS our hands and seals. HIGH POINT JOINT VENTURE LAKEHAVEN UTILITY DISTRICT King County, Washingto~ UNIVERSITY INVESTMENT CORP. Joint Venturer By ~~tf'~ Its V. fJrll IcltvJ Da te: /V1fi"1 7, Ie; b Dated: .9--- /.3 - 9ta SILVER DEVELOPMENT CORPORATION Joint Venturer By _~'.L ( "r~<-!~ Its Date: Iv\ '7 ( \ ~ 1 l ~ . ~ ... ~ '" :. ; ~ ""; r ~'):.~; ! ;., ',: Page 5 '" 'I """"E'X"HIBIT ~ .:.,.:....-...~. ", ., ~ i~;\'lit'p AG1~:' 5 ,0 F ----11- ..~ H ;: .! ~"~ ,\.. LUXOR INVESTMENT CORPORATION Joint Venturer By /-at'c7k~ ' ?,e r ..>-J iJ.( IVT Its Date: /l1/J.'/ '7//', /79t STATE OF WASHINGTON ss: County of King (J:) N 'C1' o ~ o 1"- o (J:) r:n Jlcer~ify ~hat I ~now or have satisfactory evidence that___ IQSn//rT 0'D:..t.-/PNl.- signed this instrument, on oath stated that ~ was authorizep to execute the instrument and acknowledged it as the 1/. Pr-ec.lo/./u I- of UNIVERSITY INVESTMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. !.. ;;;1/ 7/ /:?'?L DATED: ht"....~A~ l, iJ.J~ MOU~IIR H. TOUMA 5T A TE OF WASHINGTON NOT ARY "0-- PUBLIC IIY COl.ll.llSSION E.XPIRES 8-09-99 Notarv Public Title My appointment expires g- /t) / Iff '7 STATE OF WASHINGTON ss: County of King I certify that I kn9w or have satisfactory evidence that ___ /J,h;f /;- A/DOr-,/cJNP7 signed this instrument, on oath stated that ~ was authoriz~d to ~xecute the instrument and acknowledged it as the p",.~-aI'C:-/;_~ of SILVER DEVELOPMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ~~f C/ ~h"'~ ? /79C. , hc.~~::) MOUNIR H. H 5T ATE OF WASHINIi i ,,,I NOT ARY _.On PUBLI C \IV CO\,\1IISS10N E.XPlRES 8-09-99 Notary Public Title %"/71/7f? My appointment expires Page 6 ~ ~~f ''', :'::'i()..:.': ..:. ",' ~ ..'. ...,'~ 'i;!.l~l'..;::'~...:_:. ~;.'_,..,.;..':'~': ;'" .,' :.. ,."~:-.":/~ "':;:':-E'~:"X'~"':':H'::-I:BIT ; '. '" _; t1:"'. ~. .. .', PAGE , (; OF " ~ N ~. o ..-i o t"- O c.o ~ , :.,EXH.I'B:'T , ,,:"PAGE'lOF t) STATE OF WASHINGTON ss: County of King I certify that I know or have satisfactory evidence that ___ /~/7Jed ZftOht'lr7L signed this instrument, on oath stated that ~ was au~borized tg execute the instrument and acknowledged it as the P)/b9/d.e~.(.r of LUXOR INVESTMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ~ 'Cf ~ DATED: /o.<'~ 7.7., ~_____.. L " ';};' . /C:'Nkd-- ~ Notary Public Title MOur'~;h fl. .. STATE OF WASHINGllm NOTARY --0.- PUBLIC IlY COI!llISSION EXPIRES 8-09-99 8'/7 //f9/ My appointment expires MOUNIR H. TOUMA STATE OF WASHINGTON NOT ARY --h. PUBLIC MY COMMISSION EXPIRES 8-09-99 . .' or I: .. ..-;~.. .... ".."l,' .: -~. . . Page 7 I.: RECEIVED BY OOMMUNITY DEVELOPMENT DEPARTMENT NOV 1 6 1998 HIGH POINT PARK III Agreement No. 95-336 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and HIGH POINT PARK JOINT VENTURE, C/O UNIVERSITY INVESTMENT CORPORATION, 8549 HUNTS POINT LANE, BELLEVUE, WA 98004-1102, hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on May 13, 1997, hereinafter referred to as "Agreement", tp provide for the construction of certain sewer facilities for connection to the District's sanitary sewer system, which Agreement was recorded under King County Auditor's File No. 9607010462, and WHEREAS, to accommodate Developer's construction schedule, the District desires to allow an extension in the construction period, as same is referenced in the Agreement; NOW, THEREFORE, BE IT AGREED as follows: 1. It is agreed that the original completion date set forth in Paragraph No. 4 of the Agreement shall be extended to January 31, 1999, in conformance with the provisions set forth therein. 2. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect. Page 1 EXHIBIT tr PAGE_-'__OF ...J:S WITNESS our hands and seals. HIGH POINT JOINT VENTURE UNIVERSITY INVESTMENT CORP. Joint Venturer By ~~j Its ~ N.6.t.riuJ Date: Oc..r ~ 2..1. 1'1 <iX' I SILVER DEVELOPMENT CORPORATION Joint Venturer By ;4i -----: L . Its P rt 5 I'd JAJ- Ptl. 2-P it. /tJ1t Date: LUXOR INVESTMENT CORPORATION Joint Venturer By Its Date: Page 2 LAKEHAVEN UTILITY DISTRICT King County, Washington Z?~ -:1 ~sv MaRa~eFf~~-getv~~ Water Operations & Engineer1ng Manager Dated: #01/. I ~ let 78 EXHIBIT PAGE , (8- OF " STATE OF WASHINGTON ) ) ss: County of King ) I certify that I know or have satisfactory evidence that ___ TM/./'tY{. SAYA#i signed this instrument, on oath stated that SH~ was authorized to execute the instrument and acknowledged it as the p./2.liJllJWr of UNIVERSITY INVESTMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: oJ. ,).Jf / P? r c---.... ~u,~ :A Notary Public Title -u~ MOUN1R H. TOUMA ST A.1E OF WASHINGTON NOT ARY --0-- PUBLIC MY COll.IJ.:SSiO;-l EXPIRES 5-09-99 My appointment expires <6h/199JY STATE OF WASHINGTON ) ) ss: County of King ) I certif I know or have satisfactory evidence that ___ A J~ signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the PW.llJFur of SILVER DEVELOPMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: DJ eJ-v/ ~ MOUNIR H. TOUMA STATE OF WASHINGTON NOT ARY --0-- PUBLIC MY COMMiSSION EXPIRES 8-09-99 My appointment expires ?II? )/91r Page 3 EXHIBIT PAGE to tir OF '3 STATE OF WASHINGTON ) ) ss: County of King ) I certify. that I know or have satisfactory evidence that___ I)/Uc-b 7JffJCKA-NI signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of LUXOR INVESTMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: o C-j!. c5J..o / /ffJ' ~~~'jJ; '--- Notary Public Title 12...(.1 ~ L J - r." i i f . . .....;-.,L.... 'n.~:!1:;-,G:Ci~ t~c~ ~RY --0-_ PUollC 1.4'( COlJ.L!:SS/C:, U.PIRES 8-09-99 .-.. 1 . \ro,." :..-\ My appointment expires r/~ /;J'P? Page 4 EXHIBIT PAGE .. ~ OF '3 Exhibit "A" High Point Park III - LEGAL DESCRIPTION That portion of the northwest quarter of the southeast quarter of Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington, and of the northeast quarter of the southwest quarter of said Section 14 lying easterly of Dumas Bay Road (also known as F.B. Hoyt Road Southwest and 47th Avenue Southwest) as conveyed to King County by instruments recorded under Recording Number 5075182; EXCEPT the north 658.46 feet thereof as measured along the east line of said northwest quarter of the southeast quarter; AND EXCEPT all that portion lying east of a line beginning at a point on the south line of said northwest quarter of the southeast quarter which lies 650.00 feet west of the southeast quarter corner of said 'subdivision and running northwesterly to a point on the south line of the north 658.46 feet (measured along the east line of said subdivision) which lies 950.00 feet westerly of the east line of said subdivision. C.D ~ I ~ ...~. - ~ 0 , 0' r- 0 ~I .' f.J.' ,~ a') C,. o'- ~ .... EXHlBIT " PAG\E2li~:OF~~>)$'::' ..i " , ~ . "," " :) 13:56 NOV 191 1998 TEL NO: 253-529-4081 *1334 PAGE: 2/2 LAKEHAVEN UTILITY DISTRICf 31627 - 1st Avenue South. P.O. Box 4249- Federal Way, Washington 98063 Seattle: 253-941-1516. Tacoma: 253-927-2922 · Fax: 253-839-9310 November 19, 1998 Marion Hess City of Federal Way 33530 First Way South Federal Way. WA 98003 Re: Developer Extension Agreement No. 98-336 Plat of High Point Park m Dear Mr. Hess: This letter serves as a status report on the referenced project for your use in advising the City of Federal Way Council on final plat approval. The sanitary sewer has been instilled to District Standards by the, developer and the District has inspected and tested the system as constructed. lbe developer has extended the . sanitary sewer to the southerly edge of property in accordance with the District's Resolution No. 86-070. Resolution 86-070 states that everyone is required to extend the water and/or sewer to the far edge of property where adjacent property can be served. The District will allow service connections to the system. The following items remain outstanding and are required for final acceptance of the sewer system for maintenance and operation by the District: I. Acceptance of the "as-built" original fixed-line mylar sewer plans. Your engineer bas submitted "as-built" mylars, but they win need some modifications before they are acceptable. 2. Reconciliation of the project account Please contact me at (253) 946-5406, if you have any questions. .-- .- Sincerely, ~~ If Engineering Technician JAJIkrb EXHIBIT G- PAGE~.OF ,\ c: University Investment Corp. . Nizar Sayani Touma Engineers Tom Jovanovich Commissioner Dick Mayer Commissioner Donald LP. Miller Commissioner Mark Miloscia Commissioner Beverly J. Twedd Commissioner interoffice MEMORANDUM Federal Wa De 't of Public Works Development Services Division To: From: Subject: Date: Marion Hess, Senior Planner ~ Trent Ward, Acting Senior Development Engineer I .W. SUB97-OOO1/ILA 90-PPI4; High Point Park ill Final Plat 11/18/98 PLAT IMPROVEMENTS CONSTRUCTION APPROVAL 1. The Public Works Development Services division has completed construction inspection of subject plat and hereby deems the civil site improvements acceptable and in compliance with the approved civil design drawings issued under ILA 90-PP14 (dated 4-1-96) and applicable Federal Way City Code (FWCC). The "Performance" portion of the applicant's bond will be released upon receipt of all outstanding Public Works fees. Subsequent to the release of the Performance bond, the project's (2) year Maintenance bond will be in effect to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. 2. Pursuant to item (26) of the Hearing Examiners conditions of approval: "The applicant shall participate in developing and financing school bus crosswalks in the area. The exact location of these crosswalks shall be determined by the City of Federal Way and the Federal Way School District." This condition shall be complied with prior to occupancy of any residence constructed within the plat. NNALPLATAPPROVAL Prior to recording the Final Plat map for said plat, the following conditions shall be met: 1. All outstanding Public Works fees shall be paid in full. 2. As-built drawings shall be submitted to the Public Works Dept. for review. 3. The bio-filtration swale is constructed along the westerly side of lot 1 and Tract "0". As such, a storm drainage easement shall be granted to the City of Federal Way Public Works Dept. for facility maintenance and operations purposes. Said easement shall comply with the requirements as set forth in the 1990 King County Surface Water Design Manual (KCSWDM) and shall be clearly noted on the face of the plat. L:\PRMSYS\DOCUMENT\SUB97_00.01\PWll1698.DOC EXHIBIT PAGE , ~ OF ---L- <8 King County Building & Land Development Division Parks, Planning and Resources Department 3600 - 136th Place Southeast Bellevue, Washington 98006-1400 Determination of Non-Significance (Mitigated) Effective Determination Date: February 13, 1990 FILE: S89P0049 High Point Div. 3 Proponent: Westmark Development Corp. 575-0481 R E 0 f:= /l,.;_.-. '-' "-! V t: LJ FEa 1 3 1990 SUBDIVISIONS 16400 Southcenter Parkway #303 Tukwila, WA 98188 Proposal Description: The subdivision of 11 acres into 25 lots in the RS 7200 (Single Family Resi- dential) zone. Location: Generally between Hoyt Rd SW and 40th ct SW, and between SW 332nd PI and SW 330th Pl (if all were extended), in Federal Way. COMMUNITY PLAN: Federal Way DRAINAGE SUBBASIN: Lower puget Sound STR: W 14-~1~03 Mitigation under SEPA for this proposal includes: 1. Applicant shall submit a study, prepared by a wildlife habitat biOlogist containing an inventory of on-site wildlife & wildlife habitat and recommenda- tions to reduce impacts to wildlife & habitat. Any species inventoried in this study and verified by WA State Dept. of wildlife (WDW) as being endangered or threatened, as defined under the Revised Code of WA 77.12.020, shall be pro- tected by wildlife buffers as recommended by the WDW. wildlife buffer require- ments to be implemented by the applicant, if any, shall be reviewed & approved by KC BALD, Subdivision Technical Commitee, in consultation with KC Resource Planning prior to the preliminary plat approval. If buffers are required, the subdivision shall be redesigned to reflect and provide the buffers. 2. Construction work related to clearing, filling, or grading shall be limited to April 1 to Sept.30, inclusive. Select clearing, filling, and grading acti- vities may be allowed outside of this time period on a weekly basis, provided written approval is granted each week by BALD for specific activity. NOTES: Measures to mitigate the following identified impacts will be deter- mined by the Hearing Examiner and placed on the proposal under the authority of KC Codes/Ordinances at the time of the Subdivision public hearing: Erosion and Sedimentation (KCC 9.08), Drainage (KCC 9.08), Surface Water Run- Off (KCC 9.04), Sensitive Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction (Ord.8041). The Building and Land Development Division has determined that an environmen- tal impact statement (EIS) is not required under RCW 43.21C, WAC 197-11, and KCC 20.44. This decision was made after review of a completed environmental checklist, other information on file at the Division's office, and mitigation proposed and/or required as part of this project. The proposal or required mitigation is now part of the proposed action. T~~~ and~ agree- ments are deemed necessary to mitigate environme~~~J' ident~ed during the environmental review process. PAG E I OF Z- b~ ). Page 2 FILE: S89P0049 Any interested party may submit written comments on tnls proposa~. wrltten comments or appeals must be received in the BALD office before 4:30 pm on ' February 28, 1990 Any appeal shall state with specificity the reasons why the determination should be reversed. ALL APPEALS MUST BE ACCOMPANIED BY A NON-REFUNDABLE $70.00 FILING FEE. Comments or appeals should be addressed to: King County Building and Land Development Division 3600 - 136th Place SE Bellevue, WA 98006 ATTN: SEPA Center Phone: (206) 296-6662 PLEASE REFERENCE FILE NUMBERS WHEN CORRESPONDING. R onsible Offi ia LEGEND: NGPE = NATIVE GROWTH PROTECTION EASEMENT BSBL = BUILDING SETBACK LINE KC BALD = KING COUNTY BUILDING AND LAND DEVELOPMENT DIVISION EXHIBIT I. PAGE~~_.OF Z- Memo TO: Land Use and Transportation Committee FROM: Kathy McClung, Deputy CDS Director ~ DATE: November 16, 1998 RE: Residential Design Guidelines Attached please find a draft ordinance for residential design guidelines. The guidelines will provide design guidance for multifamily development, non-residential development in residential zones and residential uses in commercial zones. The are meant to complement the existing regulations which did not address these uses. Mark Hinshaw first presented concepts to the Planning Commission who gave direction about which guidelines should be applied to what use and how strong (shall/should) the language should be. He used that direction to finalize the language in the draft ordinance. He will attend the meeting Monday to present the recommendations and answer questions. Attached are: 1) draft ordinance 2) Planning Commission Findings 3) July 1, 1998 staff report 4) Finalized version of concepts Please note that in the draft ordinance code language I have only put in one sample page of the use charts. Since the same language will be repeated about 50 times, I did not feel like you needed to see every page. These pages will be included in the final product that goes to the full Council and will be provided upon request. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, ADOPTING DESIGN GUIDELINES FOR NON-RESIDENTIAL USES IN RESIDENTIAL ZONES, MULTI-FAMILY USES. A. WHEREAS amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and B. WHEREAS the Federal Way City Council has considered adding residential design guidelines to the FWCC; and C. WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission as a priority item for its review and recommendation; and D. WHEREAS the Federal Way Planning Commission, having considered the Proposal at public hearings during 1998 on July 15, and August 19, pursuant to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC Section 22-528; and E. WHEREAS the public was given opportunities to comment on the Proposal during the Planning Commission review; and F. WHEREAS the City of Federal Way SEPA responsible official has issued a , PAGE 1 ORD# Declaration of Nonsignificance on April 28, 1998; and G. WHEREAS following the public hearings, the Planning Commission submitted to the land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments adding sections to the FWCC as noted previously; and H. WHEREAS the Federal Way land Use and Transportation City Council Committee met on , 1998 to consider the recommendation of the Planning Commission and has moved to forward the Proposal, with amendments, to the full City Council; and I. WHEREAS there was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOllOWS: Section 1. FindinQs. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the state's Growth Management Act; and 2. The Federal Way Comprehensive Plan contains policies that call for the adoption of residential design guidelines; and 3. The Federal Way SEPA responsible official has issued a Declaration of , PAGE 2 ORD# Nonsignificance on April 28, 1998; and 4. The proposed code amendments would not adversely affect the public health, safety or welfare; and 5. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held public hearings on the proposed regulatory amendments and has considered the testimony, written comments, and material from the public by and through said hearings. Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: 1. The Proposal is consistent with the following Comprehensive Plan goals and policies contained in the Land Use chapter: LUG1 Improve the appearance and function of the built environment. LUP1 Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP2 Use design and performance standards to achieve a greater range of housing options in multiple family designations. 2. The Proposal bears a substantial relationship to the public health, safety , PAGE 3 ORD# and welfare because it implements policies that promote site sensitive development. Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A and by this reference is incorporated herein. Section 4. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this , 1998. day of CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ , PAGE 4 ORD# ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD# , PAGE 5 Attachment "A" ARTICLE XIX. COMMUNITY DESIGN GUIDELINES Sec. 22-1630. Purpose. The purpose of this article is to: (1) Adopt design guidelines for commercial, office, and industrial development in accordance with land use and development policies established in the Federal Way Comprehensive Plan. (2) Require minimum standards for design review to maintain and protect property values and enhance the general appearance of the city. (3) Increase flexibility and encourage creativity in building and site design, while assuring quality development pursuant to the comprehensive plan and the purpose of this article. (4) Achieve predictability in design review, balanced with administrative flexibility to consider the individual merits of proposals. (5) Improve and expand pedestrian circulation, public open space, and pedestrian amenities in commercial, office and industrial zoned areao of the city. (Ord. No. 96-271, ~ 3, 7-2-96) Sec. 22-1631. Administration. Applications subject to community design guidelines shall be processed as a component of the governing land use process, and the director of community development services shall have the authority to approve, modify, or deny proposals under that process. Decisions under this article will consider proposals on the basis of individual merit and will encourage creative design alternatives in order to achieve the stated purpose and objectives of this article. Decisions under this article are appealable using the appeal procedures of the applicable land use process. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 97-291, ~ 3, 4-1-97) Sec. 22-1632. Applicability. This article shall apply to all commercial, office, and industrial development applications in commercial zones subject to FWCC 22, Zoning, which were submitted for review after July 1, 1996 and shall apply to commercial and institutional uses in residential zones, residential uses in commercial zones and multifamily uses which were submitted after 1998. Subject applications for remodeling or expansion of existing developments shall meet only those provisions of this article that are determined by the director to be reasonably related and applicable to the area of expansion or remodeling. This article in no way should be construed to supersede or modify any other city codes, ordinances, or policies that apply to the proposal. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 97-291, ~ 3, 4-1-97) Sec. 22-1633. Definitions. (1) Arcade: A linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. (2) Awning: A rooflike cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. (3) Canopy: A permanent, cantilevered extension of a building that typically projects over a pedestrian walkway abutting and running along the facade of a building, with no habitable space above the canopy. A canopy roof is comprised of rigid materials. (4) Parking structure: A building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. (5) Plaza: A pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features include special paving, landscaping, lighting, seating areas, water features, and art. (6) Public on-site open space: A space that is accessible to the public at all times, predominantly open above, and designed specifically for use by the general public as opposed to serving merely as a setting for the building. (7) Right-of-way: Land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic; so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. (8) Streetscape: A term in urban design that defines and describes the character and quality of a street by the amount and type of features and furnishings abutting it. Such features and furnishings may include trees and other landscaping, benches, lighting, trash receptacles, bollards, curbing, walls, different paving types, signage, kiosks, trellises, art objects, bus stops, and typical utility equipment and appurtenances. (9) Surface parking lot: An off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. (10) Transparent glass: Windows that are transparent enough to permit the view of activities within a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is permitted, provided a reasonable level of visibility is achieved. Reflective or very dark tinted glass does not accomplish this objective. (Ord. No. 96-271, ~ 3, 7-2-96) Sec. 22-1634. Site design: all zoning districts. (a) General criteria: (1) Natural amenities such as views, significant or unique trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (2) Pedestrian areas and amenities should be incorporated in the overall site design. pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (3) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (4) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (b) Surface parking lots: (1) Site and landscape design for parking lots are subject to the requirements of FWCC Article XVII. (2) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on- site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (5) See Section 22-1638 for supplemental guidelines. (c) Parking structures {includes parking floors located within commercial buildings}: (1) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (2) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including roof lines, facade design, and finish materials. (3) Parking structures should incorporate methods of articulation and accessory elements, pursuant to Section 22-1635(c) (2), on facades located above ground level. (4) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not permitted. (6) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to landscaping, planters, and decorative grilles and screens. (7) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain link fencing is not permitted for garage security fencing. (8) See Section 22-1638(c) (4) for supplemental guidelines. (d) Pedestrian circulation and public spaces: (1) Primary entrances to buildings should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. Pedestrian pathways from R.O.W. Pedestrian connections (3) pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights- of-way. (4) Bicycle racks should be provided for all commercial, developments. (5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, free standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, etc., should be incorporated into the site design. (6) See Section 22-1638 for supplemental guidelines. (e) Landscaping: Refer to FWCC Article XVII for specific landscaping requirements and for definitions of landscaping types referenced throughout this article. (f) Commercial service and institutional facilities: Refer to FWCC Section 22-949 and Section 22-1564 for requirements related to garbage and recycling receptacles, placement and screening. (1) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: a. Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. b. Trash and recycling receptacles shall include covers to prevent odor and wind blown litter. c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. d. Chain link fencing shall not be used where visible from public streets, on-site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. Trash and storage areas Loading areas (2) Site utilities shall comply with the following: a. Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. b. Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (g) Miscellaneous site elements: (1) Lighting shall comply with the following: a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC Section 22-954(c) b. Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off-site glare. c. Light standards shall not reduce the amount of landscaping required for the project by FWCC Article XV1I, Landscaping. (2) Drive-through facilities such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: a. Drive-through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate screening. b. The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof, provided such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. c. Drive-through speakers shall not be audible off site. d. A bypass/escape lane is recommended for all drive- through facilities. e. See Section 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, ~ 3, 7-2-96) Sec. 22-1635. Building design: all zoning districts. (a) General criteria: (1) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation; or the proposed function or use of the site. Emphasizing natural topography (2) Building siting or massing shall preserve public viewpoints as designated by the Comprehensive plan or other adopted plans or policies. (3) Materials and design features of fences and walls should reflect that of the primary building(s) . (b) Building facade modulation and screening options, defined: All building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII, Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case by case basis; provided that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See Section 22-1638(c) for guidelines pertaining to City Center Core and City Center Frame. (1) Facade modulation: Minimum depth: 2 feet; Minimum width: 6 feet; Maximum width: 60 feet. Alternative methods to shape a building such as angled or curved facade elements, off-set planes, wing walls and terracing, will be considered, provided that the intent of this section is met. (2) Landscape screening: 8 foot wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Article XVII, Landscaping, may be considered in meeting the landscape width requirement of this section. Incorporating modulations Incorporating landscaped buffers (3) Canopy or arcade: As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. (4) Pedestrian Plaza: Size of Plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. Incorporating canopy/arcade Incorporating pedestrian plaza (c) Building articulation and scale: (1) Building facades visible from rights-of-way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in paragraph (2) below. Building articulation Accessory Elements (2) Methods to articulate blank walls: Following is a non- exclusive list of methods to articulate blank walls, pursuant to FWCC Article XVII Section 22-1564{u) and Section 22-1635{c) (1), above: a. Showcase, display, recessed windows; b. Vertical trellis{s) in front of the wall with climbing vines or similar planting; c. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; d. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way Arts Commission may be used as an advisory body at the discretion of the planning staff); e. Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; f. Material variations such as colors, brick or metal banding, or textural changes; and g. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. (3) See Section 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, ~ 3, 7-2-96) Sec. 22-1636. Building and pedestrian orientation: all zoning districts. (a) Building and pedestrian orientation: (1) Buildings should generally be oriented to rights-of- way, as more particularly described in Section 22-1638. Features such as entries, lobbies, and display windows, should be oriented to the right-of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof, should be incorporated into the street-oriented facade. (Does not apply to residential zones.) (2) Plazas, public open spaces and entries should be located at street corners to optimize pedestrian access and use. (3) All buildings adjacent to the street should provide visual access from the street into human services and activities within the building, if applicable. (4) Multiple buildings on the same site should incorporate public spaces (formal or informal). These should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to provide a clear view to destinations, and to create a unified, campus-like development. Shared public spaces/plazas (Ord. No. 96-271, ~ 3, 7-2-96) Sec. 22-1637. Mixed Use residential buildings in commercial zoning districts. (a) Ground level facades of mixed-use buildings that front a public right-of-way shall meet the following guidelines: (1) Retail, commercial, or office activities shall occupy at least 20 percent of the gross ground floor, area of the building (unless exempt from this requirement by FWCC district zoning regulations) . (2) If parking occupies the ground level, see Section 22- 1634 (c) . Residential ground level facade elements (3) Landscaped gardens, courtyards, or enclosed terraces for private use by residents should be designed with minimum exposure to the right-of-way. (Ord. No. 96-271, ~ 3, 7-2-96) Sec. 22-1638. District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (a) Professional Office (PO), Neighborhood Business (BN), and Community Business (BC): (1) Surface parking may be located behind the building, to the siders) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to Section 22-1634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should incorporate windows and other methods of articulation. (3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right-of-way or pedestrian area. For residential uses onlv: (4) Siqnificant trees shall be retained within a 20- foot perimeter strip around site. (5) Landscaped vards shall be provided between buildinq(s) and public street(s). Parkinq lots should be beside or behind buildings that front upon streets. (6) Parkinq lots should be broken UP into rows containinq no more than 10 adlacent stalls, separated bv plantinq areas. (7) pedestrian walkwavs (min. 6' wide) shall be provided between the interior of the prolect and the public sidewalk. (8) Liqhting fixtures should not exceed 20 feet in heiqht and shall include cutoff shields. This shall not apply to public parks and school stadiums. (9) Principal entries to buildinGs shall be hiqhliqhted with plaza or qarden areas containinq plantinq, liqhting, seating, trellises and other features. Such areas shall be located and desiqned so windows overlook them. (10) Common recreational spaces shall be located and arranged so that windows overlook them. (11) Units on the Ground floor (when permitted) shall have private outdoor spaces adlacent to them so those exterior portions of the site are controlled by individual households. (12) All new buildings, includinq accessory buildinqs, such as carports and garaqes shall ap?ear to have a rook pitch ranqinG from at least 4:12 to a maximum of 12:12. (13) Carports and qaraqes in front yards should be discouraqed. (14) The longest dimension of any buildinG facade shall not exceed 120 feet. BuildinGs on the same site may be connected by covered pedestrian walkways. (15) Buildinqs should be desiqned to have a distinct "base", "middle" and "toP". The base (typically the first floor) should contain the qreatest number and richness of elements such as windows, materials, details, overhanqs, cornice lines, and masonry belt courses. The midsection by comparison may be simple. (Note: sinqle-story buildinqs have no middle.) The top should include a distinct roof shape that is visible from nearby streets (e.q. pitched, vaulted or terraced) . (16) Architectural features that reinforce a "residential" environment shall be incorporated into all buildinqs. These include entry porches, prolectinq window bays, balconies or decks. individual windows (rather than strip windows), offsets, and cascadinq or stepped roof forms. Window openinqs shall have visible trim material or painted detaininq that resembles trim. (b) Office Park (OP), Corporate Park (CP), and Business Park (BP): (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to Section 22-1634(d). (2) Buildings with ground floor retail sales or services should orient major entrances, display windows and other pedestrian features to the right-of-way to the extent possible. (3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right-of-way or pedestrian area. For residential uses only: (4) Section 22-1638-(a) 4-16 shall apply. (c) City Center Core (CC-C) and City Center Frame (CC-F): (1) The City Center Core and Frame will contain transitional forms of development with surface parking areas. However, as new development or re- development occurs, the visual dominance of surface parking areas shall be reduced. Therefore, surface parking areas shall be located as follows: a. The parking is located behind the building, with the building located between the right- of-way and the parking areas, or it is located in structured parking; or b. Allor some of the parking is located to the side(s) of the building; or c. Some short-term parking may be located between the building(s) and the right-of-way, but this shall not consist of more than one double-loaded drive aisle, and pedestrian circulation shall be provided pursuant to Section 22-1634(d). Large retail complexes may not be able to locate parking according to the above guidelines. Therefore, retail complexes of 60,000 square feet of gross floor area or larger may locate surface parking between the building(s) and the right-of- way. However, this form of development shall provide for small building(s) along the right-of- way to break up and reduce the visual impact of the parking, and pedestrian circulation must be provided pursuant to Section 22-1634(d). For purposes of this guideline, retail complex means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is located or will locate. (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should incorporate windows and other methods of articulation. (3) Building facades that are visible from a right-of- way and subject to modulation per Section 22- 1635(b), shall incorporate facade treatment as follows: a. The facade incorporates modulation and/or a landscape screening, pursuant to Section 22- 1635(b); and b. The facade incorporates an arcade, canopy or plaza; and/or one or more articulation element listed in Section 22-1635 (c) (2); provided that the resulting building characteristics achieve visual interest and appeal at a pedestrian scale and proximity, contribute to a sense of public space, and reinforce the pedestrian experience. (4) Drive-through facilities and stacking lanes shall not be located along a facade of a building that faces a right-of-way. (5) Above grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A 15-foot wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right-of-way. (6) Facades of parking structures shall be articulated above the ground level pursuant to Section 22- 1635 (c) (1) . (7) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. For residential uses only: (8) Section 22- 1638 (a) 4-16 shall applv. iQl Commercial and institutional uses in all residential zones and all multifamily uses in multifamily zones: Section 22- 1638 (a) 4-9 and 12-16 shall apply. (Ord. No. 96-271, ~ 3, 7-2-96) Sec. 22-1639. Design criteria for public on-site open space. The following guidelines apply to public on-site open space that is developed pursuant to the height bonus program established in FWCC Article XI, Division 8. (1) Open space developed under this section should be located so that it: a. Abuts a public right-of-way, or alternatively, is visible and accessible from a public right-of-way; b. Is bordered on at least one side by, or is readily accessible from, structure(s) with entries to retail or office uses; housing, civic/public uses, or another public open space; and c. Is situated for maximum exposure to sunlight. (2) Open space site design and configuration must meet a majority of the following guidelines: a. The gross area of the open space does not incorporate any other site elements such as setbacks, landscaping, buffers, paving, or storm drainage facilities, that would otherwise be incorporated into site design without exercising the open space option; b. The gross area of the open space encompasses at least 2.5 percent of the lot area, up to a total aggregate square footage of 25,000 square feet. c. The open space area must be clearly visible and accessible from the adjacent right-of-way; d. The primary area is at least 25 feet in width; e. 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"E ;:J " u u 0 0 0 9 ~ '-' CITY OF FEDERAL WAY Planning Commission DATE: TO: FROM: SUBJECT: October 1, 1998 CITY COUNCIL ROBERT VAUGHAN, CHAIR PLANNING COMMISSION RECOMMENDATION - Residential Design Guidelines ----------------------------------------------------------------- I . BACKGROUND The Federal Way Comprehensive Plan contains goals and policies that provide for residential design guidelines. In 1996, the City adopted design guidelines for commercial uses in commercial zones with the intent of implementing design guidelines for residential zones and residential uses at a later date. I I. PLANNING COMMISSION PROCESS The Planning Commission held a public hearing on July 15, and August 19, 1998. Mark Hinshaw of LMN Architects prepared the staff report and recommendations. Hinshaw presented design concepts which the Planning Commission refined. I I I. SUMMARY OF AMENDMENTS The code amendments reviewed by the Commission during this code revision process included design standards to be applied to residential uses in commercial zones, multifamily proj ects in multifamily zones and commercial and institutional uses in residential zones. The amendments are written to be consistent with the existing design guidelines for commercial zones. The desired goal was to make projects pedestrian oriented, incorporate public spaces, and to design projects to be compatible with neighborhoods. The recommendation is a combination of prescriptive and descriptive guidelines. IV. PLANNING COMMISSION FINDINGS & RECOMMENDATIONS The Planning Commission bases its recommendation of adoption of the proposed amendments to the FWCC relative to the residential design guidelines on the following: 1. The City's residential areas are an important feature to the City's character and quality of life; and 1 2. The City of Federal Way adopted design guidelines for commercial zones in 1996 with the intent of following up with adoption of guidelines for residential zones and residential uses; and 3. The proposed amendments are consistent with the provisions of the Land Use Chapter of the Comprehensive Plan including the following: LUG1- Improve the appearance and function of the built environment. LUP1- Develop residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP2- Use design and performance standards to achieve a greater range of housing options in multiple family designations. 4. The Federal Way SEPA responsible official issued a Declaration of Nonsignificance on April 28, 1998; and 5. The proposed code amendments would not adversely affect the public health, safety or welfare. qL-<:-L:&1J ~ Robert Vaughan, Chair { Federal Way Planning Commission ~Y,- 2 n." ""')::IVCI1 U."... (~li=t..I{_'l -.....-1- L... 1~ _ ,.' "EI/E!'V:i!:t')T nr:u~H I City of Federal Way Planning Commission 'f" .' '>. Date: July 1, 1998 Applicant: City of Federal Way Proposed Action: Code Amendments to Chapter 22, Article XIV of Federal Way City Code (Design Guidelines) Staff Representative: Mark Hinshaw, FAIA AICP LMN Architects Staff Recommendation: Staff recommends that the Planning Commission consider the analysis and recommendations included in this report as a basis upon which to develop recommended amendments to the Design Guidelines section of the City's code for City Council adoption. I. Introduction This report describes a number of urban design guidelines that, upon adoption into the City's land use code, would help shape the quality and character of development in residential and non-residential areas. The guidelines are intended to: -- Ensure compatibility between residential and non-residential uses. -- Ensure compatibility between higher density residential development and lower density residential development -- Ensure the livability of all types of residential development -- Promote public safety and security in site and building design.. -- Provide for convenience and accessibility of residents to destinations. -- Contribute to the visual appeal of the city's neighborhoods, as well as the city as a whole. -- Implement the City's Comprehensive Plan -- Expand upon existing design guidelines to include residential development -- Achieve a balance between predictability and flexibility This report describes how these guidelines would relate to other guidelines already in the code, analyzes the issues, suggests several alternative approaches, and recommends one particular approach. However, specific code language is not proposed. If the Commission agrees with the direction of the recommended approach, specific amendments will then be crafted and brought back for consideration. II. Back2round In 1996, the City adopted a new land use code. Intended to replace a previous interim code, the new code simplified many provisions and consolidated standards into cross-referenced charts. The new code also included a set of design guidelines intended to encourage more desirable forms of commercial development than had been seen. These guidelines have been applied to numerous development proposals, with markedly better results. Because the city was experiencing a considerable amount of commercial development, an effort was made to initially concentrate on commercial areas and eventually extend the use of guidelines to other uses and areas. The current guidelines include a wide range of design criteria directed toward site design and building design. Some guidelines are broad, while others are more detailed. The guidelines contain illustrations. They also include some statements that use the word "shall," meaning they are mandatory, and others that use the word "should," meaning strongly recommended. However, the more suggestive statements reflect city policy; applicants must demonstrate how they can or cannot achieve the intent of all applicable guidelines. The City staff applies the guidelines using an administrative process. A report presents an analysis of a proposal for its compliance with code standards and guidelines and inidicates conditions as necessary. As a result of several recent projects, it is now apparent that additional design guidelines are needed to govern several situations. As the community matures, both new development and redevelopment must respect the character of established neighborhoods and ensure that new, forms of residential development are safe, comfortable, and attractive. III. Issues The current design guidelines do not cover certain situations that are being increasingly found in various city locations: Non-Residential Development in Residential Districts The land use code allows certain types of non-residential uses, such as schools, churches, senior housing and day care to locate within single family and multiple family districts. In some instances, recent development of this type has not fully recognized the need to blend in with surrounding residences. Differences in building bulk and materials, the amount of paved surfaces, and the intensity of lighting can be abrupt. While some development has carefully softened its impacts on neighboring uses, others have not been successful. Guidelines would help staff, in their review of projects, to direct proponents to include appropriate measures to enhance both site design and building design. Having a set of guidelines "levels the playing field" by describing clear expectations and providing consistency during review. Development in Multiple Family Districts Federal Way incorporated after the county had permitted the development of numerous apartment complexes that are scattered throughout the community. Standards of review were not extensive and, consequently, a considerable amount of higher density development is repetitive in design, undistinguished in character, poorly designed, and out of scale with nearby lower density areas. While much of the land zoned for higher density has already been developed, there are still areas remaining and some of the earlier projects may be close to being redeveloped. It is important, therefore, to establish review criteria that will allow staff to work with applicants in the design of projects. Multiple Family Development in Non-Residential Districts Increasingly, as the demand for housing grows, apartment and condominiums will be developed in areas previously considered as commercial. This was anticipated and even promoted by the City's comprehensive plan as a means of accommodating growth without altering the character of established neighborhoods. Furthermore, with changing demographics, such as the aging population, developers will seek out properties that can accommodate housing to meet demand. Although historically land values in commercial areas were too high to justify residential development, there are indications that housing may now be a competitive form of development. design guidelines are useful to ensure that the intent of planning policies is carried out and that these higher density forms of development are of high quality. In all of the situations outlined above, there are common concerns. For example, the type and extent of landscaping can make a huge difference in compatibility and character. The location and amount of asphalt consuming a site significantly determines it visual impact. The bulk and scale of buildings can produce either an intrusive presence or one in which different activities can gracefully coexist. Pedestrian connections between development areas can make a huge difference to seniors, children and those who use transit. The entire image of the community, in fact, is affected by the nature of transitions between widely varying land uses. Finally, cities are increasingly making use of principles known as CPTED or "community policing through environmental design." These principles suggest ways of preventing unsafe conditions within neighborhoods and public places so that undesirable activities are discouraged. IV. Alternatives ,. The following describes three methods of increasing the number and specificity of review criteria to address these issues. All of these build upon the existing approach used in the current design guidelines -- applicable to commercial development -- that have proven to be both workable and effective. A. Add Prescriptive Guidelines This method can produce a high degree of predictability. Guidelines contain quantitative standards that cannot be waived. Proponents know exactly what is required. There is little room for interpretation. Such guidelines are useful when certain characteristics are highly desired; where the city is certain that particular features must be included in all development. These are also the most legally defensible in that there is no ambiguity. An example of such as guideline is "All residential development shall include pedestrian walkways at least 8 feet wide, connecting buildings to the nearest public street." This still leaves room for some variation in design, such as the precise material used, but it is a clear specification. B. Add Descriptive Guidelines This method allows for considerable flexibility, but the wording rarely uses numerical standards, so words are relied upon to suggest the direction. This involves some amount of discretionary judgment on the part of the decision-maker. But it does allow for creative solutions. It is appropriate to use in cases where a wide range of possible designs is acceptable or desired. An example of this type of guideline is "The ground levels of principal buildings should incorporate architectural features, such as courtyards, trellises, seating, and canopies that encourage and support pedestrian activity." There are many ways to accomplish this; the reviewer would need to work closely with the applicant to ensure that the intent was met. C. Add a Mixture of Prescriptive and Descriptive Guidelines This method offers both some degree of predictability and some degree of flexibility. It would provide a number of guidelines that are mandatory, relatively specific, and address issues of primary concern. But there would also be a number of guidelines that would suggest directions that are strongly suggested. However, these are not mandatory since there may be certain situations in which the statements are difficult or inappropriate to apply. Even so, the applicant would need to demonstrate how the intent of the guideline might be met. The City would make the determination of applicability. All of the guidelines, whether prescriptive or descriptive, are considered to be important. The proposed guidelines represent this alternative, ie. a blend of prescriptive and descriptive standards. The benefit of having both quantitative and qualitative guidelines is that the fundamental issue of ensuring good design is established, but there is an allowance for creative variations. Guidelines should not be heavy-handed and dictatorial, but rather should encourage a development that satisfies both public sector and private sector objectives. V. Recommendation The attached chart displays a number of design guidelines applying to site design as well as building design. Both must be used to achieve a desirable result. The wording of each guideline is set forth to express the concept; translation into more precise code language may involve some refinement. Eventually, diagrams will be added to help illustrate the guidelines. For the purpose of presenting the guidelines, they have been shown in a matrix form, indicating whether they apply to particular situations. This can allow discussion to focus upon both the substance of the guidelines and their appropriate application. The recommended applicability of each guideline is shown, but it expected that further discussion may result in changes. In addition, many of the statements use the word "shall." Further discussion might result in changing this to "should" in some cases. We believe that this array of guidelines will produce development that is significantly more compatible, livable, and attractive. Site Design Guidelines 1. All significant trees shall be re- tained within a 20' perimeter strip around site r- qj 1 ~ 1 -~ 2. Landscaped yards shall be pro- vided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. rr-- ~_O) 2D' 3. Parking lots shall be broken up into rows containing no more than 10 adjacent stalls. sepa- rated by planting areas. 4. Pedestrian walkways (min. 6' wide) shall be provided be- tween the interior of the project and the public sidewalk(s). rr= I L 5. Lighting fixtures shall not ex- ceed 20' in height and shall in- clude cutoff shields. , to 6. All principal entries to buildings shall be highlighted with plaza or garden areas. containing planting. lighting, seating. trel- lises and other features. Such areas shall be located and de- signed so that windows over- look them. 7. Common recreational spaces should be located and arranged so that windows overlook them. * 8. Units on the ground floor shall have private outdoor spaces ad- jacent to them so that exterior portions of the site are con- trolled by individual house- holds.* 9. The side of the development facing any street providing ac- cess should have fencing no higher than 30" that allows vis- ibility into the site. * Building Design Guidlines 1. All new buildings. including ac- cessory accessory buildings such as carports and garages. shall have a roof pitch ranging from at least 4:12 to a maximum of 12:12. 2. Carports and garages within front yards should be discour- aged. 3. The longest dimension of any building fa~ade shall not exceed 120 feet. Buildings on the same site may be connected by cov- ered pedestrian walkways. I' .J' =.1 } \ '2-0' } 4. Buildings should be designed to have a distinct "base," "middle," and "top." The base (typically the first floor) should contain the greatest number and rich- ness of elements such as win- dows, materials. details, over- hangs, cornice lines. and ma- sonry belt courses. The mid sec- tion. by comparison. may be simple. (Single-story buildings have no middle.) The top should include a distinct roof shape that is visible from nearby streets (e.g. pitched. vaulted, or terraced). mm mm 5. Window openings should have visible trim, either in the form of actual trim material or painted detailing that resembles trim. I-- I-- 6. Architectural features that re- inforce a "residential" environ- ment should be incorporated into all buildings. These include entry porches, projecting win- dow bays, balconies or decks, individual windows (rather than strip windows), offsets, and cascading or stepped roof forms. MEMO FROM: Planning Commission Kathy McClung, Deputy Director .~ TO: DATE: August 12, 1998 RE: Residential Design Guidelines Attached are the draft regulations prepared by Mark Hinshaw. Since these will eventually be incorporated into the design guideline chapter of the.Zoning Code. I am also including that chapter so that you can put them in context. I will be out of the office for the next two weeks but Margaret Clark and Mark Hinshaw will be at your meeting on the 19th. ._.vv;.nf,JJ.U .' ......... - --.:..- -'. See- 22-1640; Non-l!csidcnti!J Develooment in SR. RS 5.0. RS 7.2. RS 9.6. ~ 15.0. ~ 35.0 .D istricts. ill Site Desie;n= 00 Significant trees shall be retained witltip a 20-foot perimeter strip Wund site. 2(} .au Land<:cat'ed vards shaU be provided between bmlding(s) iIDd p-ublic strectfs). Parldn~ lot..; should be bqside OT behind bqiIdiJlgs tpat tj:ont upon meets. f.J;1 Parldne lots shpuld be broken un into I'QWs containing DQ lpore than 10 sdillccnt stalls. s~arated bv planting' areas. @ Pedestrian walkwavs (nUn. 6' wide) shall be provid~ ~tweon tbe interior of the proiect and the puplic sidewa1k(s). 08/12/98 WED 14:40 [TX/RX NO 5J971 ~ ...... v .. "'.--- VoJ# ....-. ........... ..~........ ...vu u..cJ Oc.lUU .I,....4J.J.' .n...l\.\""uJ.....J;.."'J....)'_ -" SC\:, 22-1640. ill J2uildin2J}esj~; !!!l AU new btrildiugs. inclnding a~sory buildings. Sl!Ch as Orrports and g3IJlges.. sha)1 aupear to !lave a rooftJitch ral.!gine: from at Jeast 4:J2 to a ~um of 1~:12L 00 DqlOrts and g<mI8e5 wjdrlu. . f'r:Qnt yards should be djscour- ~ !9. The longest: dime~oD of am' buildipg ~e sh~ not ~xceed 120 feel. Btuldings Qll rh<<;: same site JIYlybe c0n- nected by cov~red ~an ylalkways. lz..o'~ ~ ~ @ Buildings should be designeq to have a distinct "base." "'middle." and Utop." T1qLba~ (tvPica1ly the Urst :tJ,oorl shoul~ coutain the great~ , number and richness of elements such as v.indows. rnateri~. details. overhangs. cornice lines. and masonlY ~lt courses. The I1J-\ds~tion. bv comDanspn. lI).8.y be shoole. (Note: single-stoxy buildinRS have no middle.) The top s.l}.ould include a distinct roof shape that is visible froJ!! , I)~ streets (c.~. Ditchxd. vaulted. or telUlr;.ed). ffiHlfH HUB '0 (TURX NO 5397) - 08/12/98 WED 14:~ .~--..,. -~- -- See. ~:Z-1642; Multivle-Plll1lilv Development in RM 3.6. RM 2.4, RM 1.8 Di$tricts.. ill Site Desiw. fg} Sil!11ificant trees shall ~ retai.qed within a 2()..fuot perim~ SU;p 3{Ound sitc~ 20' !hl Lantfscaped yards shall be provi~ bem-ecm buUdin~(s') 89d public str~(sl Parkinf: Jots should be beside or behind buildin'gs that front upon ~ . -t. . ~~l .~ I . 1 , {g Parldn~ lots should be broken up into rows containinf! no more than 10 adjacent stalls. separated by Dlantin~ areas. @ Pede..c;trian wa~ays (min, 6' wide) shall be vfovided betweep. the mterior of the prqject and the public sidewalk(s). 08/12/98 . '.,';::0 14: 40 (TX/RX NO 5J97] ~ V.L.LI V.LV ...-............_...__.........<OJ _.... '-' ..,_...., ...."'v.... "'..." --' .-.-....... s~ .22-1642, i21Bui!dine Des:en: !ill .till pew buildings_ incluQin~ accessory- buiIdines su~ as caJpOrtS and gat:ll@.'es. @taJl aooear to have a rOQfpitch ranging fu;lJ!1 at least 4:}2 f9 a m~um of J~:I2. !Ql Qu'pot15 ;tnn garages within front yards should ~ di~r- ~ed.. ~ The longest dimension of any buiIdillg facade shall not ~ceed 120 feet Buildin~ on the same site mav be con- nected by CQvered pedestrian, wa]kways~ Jz.o~~ ~ .,r @. Buildin~s should be designoo to have a distinct "base. It "middle," 3lld "1:op." The bas~ (tYDicaUy the first floor) should contain the greatest number and richness Qf elemenf5 such as \\.indows. materials. det4ils. overban~s. cornice Jines. and masonry b<tlt courses, The midsection. bx compatison_ m<lY be simple. (Note: sing.le-stolY buildine:$ ,have no miQ-d1e,) The t9Q should in.clude a distinct roof ~MQC I:h.at is visible from nearbY streets (e. go" pitchcQ. vaulted. or tcua~d). 08/12198 WED 14 :4<.. - (TX/RX NO 5397] _._ _"'" ...,.v yUUV S~.~2-1644 Mu1tiOIe-Farrdl Developmentin PQ. 01'. ~N:lIC. CC-F. CC-:C. :UP llistri~. ill Site DesieJJ: W. Significant ~ shaD 1]e retaineQ wit!J!n ~ 2O-foot perimeter strip around site. ill Lantjscaf)ed vardci slqU ~ provjd~ between building(5) an4 pu'9Jic streett's). Par-png lo~ should be beside or behind buildings that front ~ ~ !fl Par~1! lots should be brokeq up mtl) rows conlaining no more than YO adjacent $1I~ separnted bv planting ~reas. @ P~estrian walkways (mip. 6' WIde) sba1l be vrovided be~een the interior of the prolect and the publi!;; sidewa lk(s), oJ. 4.. . J...&I~ IU'~U.L.LA.:."'~'" ~.~ ", r I 001 ~ \I.L4,/I VoL'V 2CJ 08/12/98 WED 14:40 [TX/RX NO 53971 ~V.L~I V,J..V ~.il..A. ..VV ";,,,&c.I u..,\JV _ .... .v.: ~,.a..":\.""J.lJ..L.L\"~ -.--- - See ZZ-1644. (2) Buildiu1! J)~im: 00. All new buildinf!s. illC~. accessory lluildjngs. ~ as c:nports and garal!CS.. dmll ~ to have a IQafpi1clt ranmne:{fom atl~4:I2 to ~ maximum Qf 12:12. 00 Camorrs and garag~ wi1hit! front vards sho1!ld be discour- ~ {s;1 The Ion~e~ dimension of apy building meade shall Dot e'}~ 120 fe~t. ~dinf!S 011 t]Je same site mav be 9On- ~~ bv covered pedestrian walkwaYs. ~ 12-0~~ ~ .. @ Buildings should be dac;ign~ to bave a distiru:t <'base.... "middle." and "tQP." The ~ (lypicallv the first floor) should con~ the greatest JWl11ber and Jjchness Qj s:lelT!ents suyh as wiudows. materials. de~ils. overl}an~. cornice liues. and masonry belt wurses. The midsection. by s;omparison. may be simple. (Note: singJe.story lJuildin gs have no middle.) TIte top should include a qisti!1ct [00[ - slume that is visiplc frc!m nearby streets (e.g.. pitc;:hcd. vaulred. or recra~), 08/12/98 WED 14: 40 (TI/RX 1'10- 5J971 CITY OF FEDERAL WAY MEMORANDUM DATE: November 19, 1998 TO: FROM: Phil Watkins, Chair Land Use/Transportation Commit!':' t. ' Jeff Pratt, Surface Water Manager t. , Mirror Lake Drainage/Development Issues RE: BACKGROUND Mirror Lake is a privately owned lake in the possession of 52 separate property owners. Fisher's Bog, which at times is connected to Mirror Lake, is a publicly owned open space parcel. Often, in times of wet weather, Mirror Lake and Fisher's Bog exchange flows. In the early stages of a large volume storm Mirror Lake flows to Fisher's Bog - after a time, in large volume storms, Fisher's Bog flows to Mirror Lake. This means that in certain circumstances Mirror Lake and Fisher's Bog must be considered a single closed depression system rather than a lake draining to a bog. Recent wet winters and their resulting runoff have produced higher than average water surface levels in Mirror Lake and Fisher's Bog. These high water levels have created nuisance flooding, groundwater flooding, and, in at least one case, structural flooding on properties abutting Mirror Lake. Nuisance flooding includes inundation of lawns and lake side structures such as boat ramps and docks, bulkheads, and beach steps. Groundwater flooding is the flooding of crawlspaces and basements due to high groundwater levels associated with high lake levels. Structural flooding describes the case in which water enters the living space of a home through a doorway or sill. Historically, nuisance and groundwater flooding have been problems on Mirror Lake. Both the nuisance and groundwater flooding problems likely arise from the fact that a few homes have been constructed at relatively low elevation in close proximity to the lake. Preliminary development proposals for two projects in the Mirror Lake drainage basin have recently been submitted to the City. One of these projects abuts Mirror Lake on its southeastern corner and proposes the construction of approximately fifteen single family homes. The other project proposed lies over vacant land within the northwest quadrant of the 1st Avenue South and South 312th Street intersection. This project proposes the construction of about fifty single family homes. Due to the physical characteristics of the Mirror Lake/Fisher's Bog system, discussed in more detail below, these projects have the potential to directly impact the water levels in this system. Staff is seeking Council direction on resolution of the issues associated with both the existing drainage problem on the Mirror Lake/Fisher's Bog system and potential development related drainage requirements for the two proposed single family home projects. To provide the Council with the necessary information with which to provide direction, this memo is divided into the following subsections: Watershed Characteristics, Solution Alternatives, and Alternative Comparisons. A brief summary follows the three subsections and a staff recommendation is provided at the end of this memo. Watershed Characteristics The Mirror Lake watershed covers an area about 200 acres in size. Mirror Lake drains through two culverts and an open channel into Fisher's Bog. Fisher's Bog drains a watershed which adds almost another 350 acres of area - for a combined Mirror Lake/Fisher's Bog system total of approximately 550 acres. Of this total 130 acres (or about 24 %) of land remain in a forested state and have the potential for development. The remaining 420 acres have already been developed as residential or commercial properties. Subsequent to incorporation the City has approved construction projects in this system's drainage basin totaling less than five acres (or 1 % of the total drainage area) - these projects include the Blackberry Hill plat and the St. Lukes parking lot expansIon. Fisher's Bog drains to the Lakota wetland system via a pipeline within the S320th Street pavement. Surface water cannot escape Fisher's Bog until it reaches the elevation of 301.94 - the elevation of its outlet pipeline. Practically this means that, because Mirror Lake drains to Fisher's Bog, water elevations in high volume storms will attain elevations on Mirror Lake in excess of 302.00 before beginning to drain. Nuisance and groundwater flooding problems on Mirror Lake initiate at an approximate water surface elevation of 301.00. Structural flooding begins at elevation 301.46. A comprehensive hydrologic study of the system drainage basin has been completed and has determined the following lake elevation recurrence interval relationship: Recurrence Interval 2 year 5 year 10 year 25 year 50 year 100 year 200 year Mirror Lake Water Surface Elevation 300.67 301.29 301.64 302.04 302.31 302.56 302.80 Since 1993 the Mirror Lake residents association has been recording daily lake levels. The two highest recorded water surface elevations (for the 5 years of record) occurred during February of 1996 (301.40) and January of 1997 (302.06). As a note, the highest recorded lake levels correspond to the two wettest years in the last 30 years of record. In addition, the January 1997 lake level was the result of a heavy rainfall on saturated and frozen ground followed by relatively rapid warm-up and melting - the end result of which was a "one hundred year" volumetric event. Anecdotal information provided by Mr. Eldred Pilant, a 57 year resident of Mirror Lake, suggests systems - effectively trans locating the current problem. Due to the expense involved SWM has not commissioned a detailed study of potential Lakota Wetland system impacts, rather we have used our best judgement to prepare the preliminary estimates presented above. Many options are available which effectively "move the structures" away from the water. All of the options presented here are used by the Federal Emergency Management Agency (FEMA) In dealing with structures located within major river floodplains. The options include: . Raising the floodprone structure above the design flood level . Moving the floodprone structures out of the floodplain . Constructing berms or floodwalls around floodprone structures . Performing dry floodproofing - strengthening existing foundations, floors, and walls while making the structure watertight . Performing wet floodproofing - making utilities, structure components, and contents flood and water resistant . Purchasing floodprone structures and relocating or demolishing them Of the listed "moving the structure" options, the two most viable are raising the floodprone structures and/or constructing floodwalls around them. The total estimated cost of this solution is between $200,000 and $300,000 based on cost guides obtained from FEMA. Alternative Comparisons In order to facilitate a comparison of the pros and cons of the two general types of solution alternatives discussed in the previous section, the following is presented for your consideration: 1st Approach = "Moving the Water", i.e., lowering the outlet system or installing a pump station Pros: Eliminates nuisance flooding Minimizes groundwater flooding Protects structures from extreme events Is recommended by Mirror Lake Residents Association Cons: High cost - preliminary estimates are in the range of $lMillion dollars Environmental impacts - to both the Lakota Wetland/Stream system as well as Fisher's Bog Translocates the problem - levees or berms may be required around homes near the Lakota system Ongoing operation and maintenance costs - pump option only 2nd approach - "moving the structures", i.e., installingfloodwalls or raising flood prone homes Pros: Low cost - preliminary estimates are in the range of $200,000 to $300,000 Contains problem on-site - no adverse downstream environmental impacts Protects structures from extreme events Cons: Nuisance flooding continues - some yard flooding would be eliminated Groundwater flooding continues Aesthetically less appealing - walls could be as high as three feet in some locations Is not recommended by Mirror Lake Residents Association An additional consideration derives from the fact that the City is now entertaining two development proposals which will impact the Mirror Lake/Fisher's Bog system. As a condition of approval, these projects will be required to mitigate their downstream impacts. The form that this mitigation takes will depend upon two major factors - the degree of impact and the preferred solution alternative. Because the Mirror Lake/Fisher's Bog system outlet is high relative to surrounding property and structures, it effectively acts as a closed depression. This means that flood elevations in the lake result from the volume of storm water being introduced to it - not the rate at which the volume is introduced. This is a very important distinction because it dictates that the drainage standards that will be applied to the development proposals will be quite restrictive. Given the known downstream problems and the fact that the drainage standards are likely to be quite restrictive, it may be the case that a developer contribution toward the preferred solution alternative would be preferable to the installation of on-site stormwater retention/detention facilities. In other words, it is possible that the combined cost, to the developers, of compliance with the restrictive development drainage requirements on these two proposed sites will be substantial. Instead of using this money to install on-site facilities, it might be used to construct floodproofing/structure relocation ("moving the structure") improvements to homes around Mirror Lake - concurrent with new plat construction. RECOMMENDATION As a part of the City's Comprehensive Plan update process SWM modified its long range Capital Facilities Plan (CFP). One of the modifications included in the CFP dealt with the Mirror Lake drainage issue. As a permanent fix, staff recommended that the floodproofing ("moving the structure") alternative solution of the Mirror Lake problem be inserted as a CFP project in a manner consistent with established ranking criteria guidelines. Currently, the "Mirror Lake Floodproofing/Relocating Structures" project has been inserted into the CFP in rank order and is scheduled for completion in the year 2012. Given the opportunity afforded by the recent development proposals, staff now recommends that the possibility of developer contribution being applied to the floodproofing/structure relocation solution, thereby substantially accelerating the completion of the project, be fully explored - should this be the preferred solution alternative of the Committee. that Mirror lake has risen above the elevation of 302.00 on at least one occasion prior to 1997 - during the early 1950's. The City's modeling effort, being conservative in approach, suggests that Mirror Lake elevations have exceeded 302.00 on two occasions in the past - both in the 1950's. The City's modeling of the 1996 and 1997 storms match the highest recorded stages almost exactly. A survey of Mirror Lake which provides more detailed topographic information around the lake at elevations 305.00 and lower was recently completed by the engineering firm designing both of the earlier mentioned proposed development projects. Three houses around the lake have low sill elevations (the elevation at which point surface water may enter living quarters) that are less than 303.00. The lowest is situated at an elevation of 301.46 - well below the predicted 100 year high water elevation. The next lowest is situated at an elevation of 302.69 - just above the predicted 100 year high water elevation. The last home with a low sill elevation below 303.00 sits at 302.84 - just above the predicted 200 year high water elevation. Including these three houses, five house low sill elevations lie below the elevation of 304.00. Solution Alternatives There are two general approaches which can be taken to mitigate or eliminate flooding problems around Mirror Lake. The first approach involves moving the water away from the structures. The second approach involves moving the structures away from the water. Two major variations on the theme of "moving the water" have been fully investigated by SWM and preliminary cost estimates have been prepared for each. The first variation involves lowering the downstream conveyance pipeline which drains Fisher's Bog. This lowering would result in a corresponding lowering of high water elevations in Mirror Lake. This lowering can be most economically accomplished via the installation of a new pipeline - through the hill separating the Bog from the Lakota Wetland system. A preliminary estimate of the cost of this option is $1.1M dollars - including new pipe installation, right-of-way acquisition, permits, mitigation, and Lakota Wetland conveyance improvements. The second variation on the theme of "moving the water" investigated by SWM involves the installation of a pump station at an appropriate location. This station would pump water to the Lakota Wetland system almost continuously during the rainy season. The estimated cost of this variation is $933,000 - including construction, permitting, and mitigation. There would also be an estimated annual operation and maintenance cost of $19,000. Another variation on the theme of "moving the water" explored by SWM involved the excavation of Fisher's Bog to create additional storage space for the water flowing from Mirror Lake. This variation was discounted early in the process as rough cost estimates were extraordinarily high and the likelihood of obtaining a permit for the work was extremely low. As a final note any solution involving the increase in discharge from the Mirror Lake/Fisher's Bog system into the Lakota Wetland system must be approached with caution. The potential exists for increasing flooding downstream, damaging wetlands and stream systems, and overwhelming downstream conveyance CITY OF - . - -- EC~ ~~ RY' DATE: November 17, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee \6^ FROM: Ken Miller, Street Systems Manager SUBJECT: The SW 340th Street @ Hoyt Road Intersection Improvement Project Interlocal Between the City of Federal Way and the City of Tacoma BACKGROUND The City is currently completing the design of a new traffic signal and intersection improvement at SW 340th Street and Hoyt Road. At this time the intersection is a four way stop and is very congested. The project will add a new signal and left hand turn lanes on Hoyt Road. The project is funded from the following sources. Oil Rebate Grant Traffic Mitigation City of Federal Way City of Tacoma $ 200,000.00 $ 85,000.00 $ 91,000.00 $ 40.000.00 Total 416,000.00 Attached is the proposed interlocal between Federal Way and Tacoma granting $40,000.00 to the City towards the project. The project is anticipated to begin construction in April 1999. RECOMMENDATION Place the following recommendations on the December 1, 1998 Council Consent agenda for approval: 1. Approve the proposed interlocal between the City of Federal Way and Tacoma for $40,000.00. 2. Authorize the City Manager to execute the agreement. CC: PROJECT FILE/DAY FILE K:\LUTC\1998\340HOYT.MEM . ,..~ .. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND CITY OF TACOMA FOR THE SW 340TH STREET AT HOYT ROAD SW INTERSECTION IMPROVEMENT PROJECT DRAFT ( THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and the City of Tacoma (hereinafter "Tacoma"), (collectively "Parties "). WHEREAS, the City proposes to proceed with the SW 340th Street at Hoyt Road SW Intersection Improvement Project as defined by the Scope of the Project (hereinafter "Project"); and WHEREAS, the City shall provide the necessary administrative, construction inspection, and clerical services necessary for the execution of the Project. WHEREAS, the scope of the project includes signalization at the intersection of SW 340th Street and Hoyt Road SW and the addition ofleft turn pockets on Hoyt Road SW. WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, Tacoma will benefit from the intersection improvements with improved traffic flow from Tacoma streets through the intersection ofSW 340th Street and Hoyt Road SW within the City of Federal Way. NOW, THEREFORE, it is mutually agreed between the parties hereto that Tacoma will participate in the funding of the SW 340th Street at Hoyt Road SW Intersection Improvement Project in the amount of forty thousand dollars ($40,000) payable within sixty (60) days of the billing by the City. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year set forth below. CITY OF FEDERAL WAY CITY OF TACOMA Kenneth E. Nyberg, City Manager Ray E. Corpuz, Jr., City Manager Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney, Robin Jenkinson Go ~"f. ,'"------ -- . - - - T' -,.,.---~~-- \ CITY OF FEDERAL WAY ATTEST this _ day of City Clerk, N. Christine Green, CMC , 1998 Page 2 CITY OF TACOMA ATTEST this _ day of . City Clerk, Rick Rosenblant , 1998 CITY OF - ----. ~.....~~~ - ~ -=:;&....I-=.. ~..... ~~ RY'" DATE: November 19, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee ~ FROM: Ken Miller, Street Systems Manager SUBJECT: Truck Route Ordinance Amendment Request by Weyerhaeuser BACKGR01JND Attached are two letters from the Weyerhaeuser Company requesting the Truck Route Ordinance (attached 91-103) be revised to restrict trucks from driving through the East Campus area. The truck route ordinance was drafted in 1991 due to complaints from citizens regarding Bulk Haulers and container trucks using S/SW 356th Street to bypass the weigh station on Pacific Highway South on their way to and from the Port of Tacoma. The ordinance prohibits vehicles in excess of 30,000 pounds gross weight from driving through the City other than on the following designated routes: State Route 5 State Route 18 State Route 99 State Route 161 State Route 509 South 320th Street (1-5 to SR99) 16th Avenue South (SR99 to SRI8) Vehicles rated in excess of 30,000 pounds gross weight are not subject to this restriction when making less than ten local deliveries per day to the same destination. Local Deliveries are defined as deliveries with destinations or origins within the City limits. When making more than ten local deliveries per day to the same destination the vehicles are subject to restrictions and routes determined by the Public Works Director. Therefore, the ordinance as written allows vehicles rated in excess of 30,000 pounds to use the roads in the Weyerhaeuser East Campus provided the trips have destinations or origins within the City limits and the number of trips per vehicle are fewer than ten. The following table briefly describes truck route ordinances for other cities in King County. CITIES WITH TRUCK ROUTE ORDINANCES Auburn Same as Federal Way, 30,000 GVW restriction and local deliveries less than 10 per day except on designated truck routes Bellevue 32,000 GVW restriction except on designated routes, other arterials shall be used when there is no alternative. Any departure for delivery from these designated routes shall use the shortest and most direct route for delivery Redmond 32,000 GVW restriction except on designated routes, unless traveling to or from a destination within 1/2 mile of the City limits Renton 26,000 GVW restriction except on designated truck routes. Trucks making deliveries off the designated route shall take the most direct arterial route Tacoma, Tukwila, Kent, Des Moines, and SeaTac responded to the survey that they had no truck route ordinance. 1997 traffic data from Transpo, Weyerhaeuser's traffic consultant, showed peak hour truck and bus counts of 3 %. Daily totals for truck and bus counts on South 336th Street east of Highway 99 were 281, Weyerhaeuser Way South of South 336th Street were 373, and Weyerhaeuser Way to the north of South 336th Street was 215. If trucks were prohibited from using streets in East Campus they would be forced to use South 348th Street to get to 1-5 and SR 18. We are currently performing a vehicle classification survey on Weyerhaeuser Way and South 336th Street and the results will be presented at the November 23, 1998 LUTC meeting. However, the current ordinance and any amendment would require enforcement by the Police to be effective in prohibiting trucks. RECOMMENDATION Staff is requesting direction on how the Committee would like to proceed with this request. cc: project file day file K:\LUTC\1998\ TRKRTORD.MEM ~', ~ V-I.... .....- ..r ~-' '.." A. ~yerhae ~ Corporate Headquarters Tacoma WA 98477-0001 Tel (206) 924 2345 , 1998 FEDERAL WAY PUBLIC WCli-KF AnMINIS'fRATION DMS:m, Cary Roe, PE. Director of Public Works City of Federal Way 33530 First Way South Federal Way, WA 98003 RE: City of Federal Way Truck Route Ordinance - . Dear Cary: My purpose in writing is to request that the City of Federal Way Council consider Weyerhaeuser Company's proposal that the existing truck route ordinance (91-103) be amended or eliminated as it applies to the roadways and streets traversing Weyerhaeuser's Campus. It is Weyerhaeuser's desire that heavy truck traffic (in excess of 30,000 poWlds gross weight) be restricted from the aforementioned roadways. Specifically, South 336110 Street from Interstate 5 eastward to its intersection with Weyerhaeuser Way and Weyerhaeuser Way from its intersection with South 320. Street southward to the Weyerhaeuser Campus southern boundary. As I wrote in my letter of August 21,1998, Weyerhaeuser Company has the safety of its employees and visitors as one of its ubnost priorities. The ever-increasing volume of heavy truck traffic utilizing the roadways on Weyerhaeuser Campus is in Weyerhaeuser Company's opinion jeopardizing the safety of employees and visitors alike. As you may be aware, there is significant pedestrian traffic during most daylight hours. The makeup of such traffic is Weyerhaeuser employees, invited guests and general public. The Campus is utilized by many as the site of recreational activities. Oft times recreational activity on weekends exceeds weekday use. Unfortunately, while heavy truck traffic is decreased on weekends it is not completely stopped The configuration and alignment of the roadways has created minimal sight distances and consequently reduced stopping distances. Traffic studies conducted earlier this year indicate the average speed of vehicular traffic exceeds posted speed limits. A concerted effort by the City's Police Department this spring and summer has achieved significant results in reducing speeders. Each of the aforementioned factors singularly and collectively; significant foot traffic, minimal sight distances, excessive speeds and heavy weight vehicles with increased stopping distances, contribute to an unsafe condition. Unrelated to safety, but of significant mutual importance to Weyerhaeuser and the City, is the degradation of the roadway surface and roadbed as a result of the excessive vehicle weight. The roadways were not originally constructed to accommodate heavy truck traffic. The replacement of deteriorated roadway earlier this summer is evidence of such degradation. -. .,:' ,,- Page two City of Federal Way Truck Route Ordinance Thank you for your assistance. I stand ready to provide additional infonnation that you or the City Council may deem necessary to assist with the Council's consideration. !i=clY' Edward E. Reed Corporate Region Facilities Manager Cc: Bill Stivers Judd Haverfield Susan Heikkala Mike Kerr August 21, 1998 *~-~ ~-_. Corporate HeBdquarters I J Tacoma. Washington 9B477 T"I'''I ". 2345 jJ ~_A~ ~~CE.llit tnL 1 : lCM.~g 2(p .. r ~""'" ~., } r:. lj\!iJ ,...J. Q;., 'Ii.,) "'...! .....v '.' ':'.l""- A Weyerhaeuser Mr. Cary Roe, PE, Director of Public Works City of Federal Way 33530 First Way So Federal Way, W A 98003 RE: City of Federal Way Truck Route Ordinance Fli~)JC lJAL. W..('i'''{ FUBLlC vromc:;, l''-YII.<T'I'-F(''''''-'l,,,,.j(',''.r r'~'; ,-."'....':, r U"'pujrq;tl~~g _n__ - --Dearf'ary:---- -no - ____..__--_. _..____- Thank you for the recent transmittal of the referenced ordinance. As I conveyed when we met last. the safety of Weyerhaeuser employees and visitors to the East Campus is of the utmost importance. In that regard, Weyerhaeuser believes one way to enhance its goal of a safe environment is to take action to mitigate the ever increasing volume of heavy truck traffic. Consequently, it is Weyerhaeuser's desire to restrict truck (in excess of 30,000 pounds gross weight) traffic on its East Campus. That is, S 336m Street from Interstate 5 eastward to its intersection with Weyerhaeuser Way. Additionally, Weyerhaeuser Way at its intersection with S 320tb southward to the Campus southern boundary. Local deliveries to Weyerhaeuser's East Campus facilities will be the exception. It is apparent that the existing ordinance (91-103) will not accommodate such restriction. I am requesting that the next step in the process to modify or replace the ordinance be initiated. Please advise as to what additional information you may require or how I may be of assistance in expediting the process. Thank you, for your efforts thus far. I am looking forward to hearing from you. Edward E. Reed Region Facilities Manger Cc: Judd Haverfield Susan Heikkala Steve Lewis Bill Stivers I ORDINANCE NO. 91-103 ) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON WHICH RESTRICTS ALL VEHICLES RATED IN EXCESS OF 30,000 POUNDS' GROSS WEIGHT TO DESIGNATED VEHICLE ROUTES EXCEPT FOR LOCAL DELIVERIES AND PROVIDES AUTHORlTY TO THE PUBLIC WO~KS DIRECTOR TO RESTRICT VEHICLES MAKING LOCAL DELIVERIES NUMBERING TEN OR MORE TRIPS PER DAY UNDER CERTAIN CIRCUMSTANCES TO DESIGNATED ROUTES. WHEREAS, the Federal Way City Council finds that this ordinance is in the interest of the public health, safety and welfare; NOW, THEREFORE, The City Council of the City of Federal Way, Washington does hereby ordain as follows: Section I - Puroose. The purpose of this ordinance is to restrict all vehicles rated in excess of 30,000 pounds gross weight as defined by RCW 46.16.111 to designated truck routes except for those vehicles making local deliveries, and to provide authority to the Public Works Director to restrict such vehicles making local deliveries numbering ten or more trips per day to the same destination under certain circumstances to designated routes. Section 2 - Street Use Restriction ChaDter Adopted. A new Federal Way City Code, ) Chapter 10.28, entitled "Street Use Restrictions" is hereby adopted as follows: Chapter 10.28 STREET USE RESTRICTION Sections: 10.28.010 10.28.020 10.28.030 10.28.040 10.28.050 Authority of Public Works Director - Limitations Signing Designated Vehicle Routes Limitation Applies to Weight Rate, Not Actual Load Violation - Penalty 10.28.010 Authority of Public Works Director - Limitations A. Authority The Public Works Director has the following authority, with respect to public highways, streets and thoroughfares, under Federal Way's jurisdiction, subject to the limitation described in paragraph B of this section: (1) to prohibit the operation thereon of trucks or other vehicles; (2) to impose limits as to weights; (3) to determine haul routes for local trips; (4) to impose any other restrictions as may be deemed necessary, in the judgment of the Pub! ic Works Director, which restriction may be imposed on school buses, public transit and emergency vehicles, except under emergency response conditions, in addition to trucks and other vehicles. ) COpy I I B. Limitations The Public Works Director shall not, however, prohibit the use of any city street designated by the State Transportation Commission as forming the part of the route of any primary state highway through the city, by vehicles or any class of vehicles, or impose any restrictions or reductions in permissible weights unless the restriction, li!TIitation or prohibition, or reduction in permissible weight, is first approved in writing by the State Transportation Commission. 10.28.020 Signing Whenever the Public Works Director determines weight limits are necessary, pursuant to 10.28.010, he or she shall erect, or cause to be erected and maintained, signs designating the provisions of the weight limit at each end of the portion of any public highway, street or thoroughfare affected by such limitations. No such limitations, pursuant to 10.28.010, shall be effective unless the signs are in plate. In no other case shall enforcement and effectiveness of this ordinance be conditioned on signage. 10.28.030 Designated Vehicle Routes A. Vehicles Rated in Excess of 30.000 Pounds Gross Wei~ht The Public Works Director shall erect or cause to be erected and maintained, signs designating the following public highways, streets and thoroughfares within the limits of the City of Federal Way as vehicle routes for all vehicles rated in excess of 30,000 pounds gross weight (gw) as defined for the purposes of this chapter by RCW 46.16.111, which is adopted by this reference, including all future amendments or additions thereto: ) State Route 5 State Route 18 State Route 99 State Route 161 State Route 509 South 320th St. 16th Avenue So. - (Interstate Highway 5) - State Route 99 to State Route 5 - (pacific Highway South) - (Enchanted Parkway) - (Dash Point Road) - State Route 99 to State Route 5 - State Route 99 to State Route 18 All other streets within the limits of the City of Federal Way shall be restricted to allow only vehicles rated under 30,000 pounds gross weight, except as provided for in paragraph B of this section. B. Local Deliveries - Vehicles Rated in Excess of 30.000 Pounds Gross Weight. ) Vehicles rated in excess of 30,000 pounds gross weight as defined by RCW 46.16.111 are restricted to the designated truck routes noted in paragraph A of this section, except such vehicles are not subject to the restriction when making less than ten local deliveries per day to the same destination numbering ten or less per day. "Local deliveries" are defined, for the purposes of this ordinance, as all deliveries with destinations or origins within the limits of the City of Federal Way. Vehicles rated in excess of 30,000 pounds gross weight as defined by RCW 46.16.111, when making more than ten local deliveries per day to the same destination, shall be subject to those route restrictions and designations promulgated by the Public Works Director, as provided in Section 10.28.010 above. 10.28.040 Limitation Applies to Weight Rate, Not Actual Load ') All route limitations shall apply to vehicles based upon the vehicle's weight rate designation, regardless of the actual vehicle weight or load in any given trip, or at any given time. 10.28.050 Violation - Penalty A violation of this chapter shall be a traffic infraction with a maximum penalty of a fine in the amount of Two Hundred Fifty Dollars ($250.00). Any person charged with this infraction may post bail in this amount, which may be forfeited. In the event any person shall fail to respond to a notice of infraction issued pursuant to this ordinance, the local court shall impose an additional monetary penalty of Twenty Five Dollars ($25.00), pursuant to RCW 46.63.110(3). ) Section 3 - Publication. A summary of this ordinance shall be published as required by Jaw, however, pursuant to the provisions of RCW 35.12.140, the aforementioned RCW Section 46.61.111, adopted by reference, need not be published but shall be authenticated and recorded with the Federal Way City Clerk. Not less than one copy of such statute in the form in which it was adopted shall be filed in the office of the Federal Way City Clerk for use and examination by the public. Section 4 - Severability. If any section, subsection, clause or phrase of the sections herein are for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the chapter, it is hereby expressly declared that the sections herein, and each subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that anyone or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 5 - Administration. The City Manager is hereby authorized to implement such administrative procedures as m~y be necessary to carry out the directions of this legislation. Section 6 - Effective Date. This ordinance shall be effective five days after passage and publication of an approved summary consisting of the title hereto. CITY OF FEDERAL WAY <lJJl J;; /1 / RL;:/ MA YOR, DEBRA ERTEL ) ,CMC FILED WITH CITY CLERK: May 29, 1991 PASSED BY CITY COUNCIL: June 18, 1991 PUBLISHED: June 21, 1991 EFFECTIVE DATE: June 26,' 1991 ORDINANCE NO. 91-103 ) ) CITY OF - :~-: ECERRL. ~~ AY" DATE: November 17, 1998 TO: Phil Watkins, Chair Land Use & Transportation Committee FROM: Ken Miller, Street Systems Manager ~~ SUBJECT: Street Sweeping Contract Extension for 1999 Background The 1997 Street Sweeping was rebid in December 1996 and the contract was awarded to Action Services, Inc. in the amount of $64,954.20. Street sweeping services have been provided to the City by Action Services for approximately twenty one months. To date we have received very few complaints regarding the service provided by the contractor. The contractor has requested a 2.5%, or $1,672.57, increase for 1999 due to increased costs for disposal and equipment repair (please see attached letter). The 1998 contract amount of $66,902.83, plus the 2.5% requested increase of $1,672.57 equals a total of $68,575.40 for 1999 street sweeping services. Note that the new contract amount is still $4,207.00 below the second low bid received in December 1996 of $72,782.40. Recommendation Staff requests the committee place the following staff recommendations on the December 1, 1998 City Council consent agenda: 1. Approve extending the Action Services, Inc. contract term for street sweeping services through December 31, 1999; 2. Approve an increase in compensation of $1,672.57 (2.5%), for a 1999 total of $68,575.40; 3. Authorize the City Manager to execute the contract amendment. KM:km attachment cc: Contract File Day File k:\Jut\1998\stsweep.99 NOV- 9-98 MON 12:04 PM ACTION*SERVICES*CORP. FAX NO. 1 360 373 9711 P. 1 "Isn't it time you got Action ?" ~lcr/pn SerrJC~S Corpofa//PD ro 8.., ,rn') Br '11't'r1"II \Nfl. '1S,1:' (1[,0,17:< -1'(.", * FA'( :;7, '1711 November 7, 1998 City of Federal Way 33530 1st Way S Federal Way, WA 98003 Attn: Ken M11ler Re: Street sweeping contract 1999 At this time. Action Services would like to request that the contract for street sweeping services for the City ofFedera1 Way be extended through 1999. Due to the rising cost of equipment, repair of same and dumping fees, we are asking for a 2.5% cost of living increase in the contract. If you have any questions or concerns, please call this office at your earliest convenience. Sincerely, Tony D. Sandefur 11/09/98 MON 12:13 [TX/RX NO 6823] interoffice MEMORANDUM Federal Way Dept. of Public Works Traffic Services Division To: Phil Watkins, Chair Land Use and Transportation Committee From: Rick Perez, City Traffic Engineer /if Subject: Northwest Foursquare Church Expansion - Frontage Improvements Date: November 20, 1998 Background Northwest Foursquare Church, located on the southwest corner of SW 348th Street and 21st Avenue SW, intends to expand the church in order to accommodate existing demand. The church has a driveway onto SW 348th Street and onto 21 st Avenue SWat the intersection of SW 349th Street. It was determined by staff that the value of the improvements exceeded the threshold for nonconformance, thus requiring half-street frontage improvements on 21"t Avenue SW. 21 st Avenue SW is classified as a principal arterial in the Comprehensive Plan, and is currently a four-lane street. The Comprehensive Plan and the current 20-Year Capital Improvement Program calls for eventual widening to five lanes, with curb, gutter, street lights, and street trees. Neither of the two intersections on the church's frontage has a high accident rate. However, the 21st Avenue SW corridor accident rate between SW 344th Street and SW 356th Street is higher than the statewide average for similar facilities. Staff determined that the proposed expansion would not generate a significant number of new peak hour trips, based on existing driveway counts conducted at the church's driveways. The church is already generating the number of trips that would be expected when the proposed expansion is constructed. However, staff was also concerned about the safety of the public during the church's peak hours and therefore requested a warrant analysis for left-turn lanes on 21st Avenue SW. The church submitted an analysis that concluded that left-turn lanes were warranted on 21st Avenue SWat SW 348th Street and SW 349th Street. Based on this finding, staff required the construction of left-turn lanes at these two intersections, pursuant to Federal Way City Code 22- 1516(b). Since the intersections are close enough to each other as to have overlapping transitions, this would effectively create a two-way left-turn lane. Section 22-1516(b) adopts the 1987 King County Road Standards, which by reference adopts the Washington State Department of Transportation Design Manual. The Design Manual provides guidelines for when left-turn lanes at intersections should be constructed and refers to Highway Research Record 211 for guidelines for constructing left-turn lanes on four-lane roadways. The applicants were understandably concerned about the cost of these improvements, as it would require both the acquisition of additional right-of-way and widening on both sides of 21st Avenue SW approximately 450 feet beyond the frontage of the church in both directions. As a countermeasure, the applicants proposed restriping 21st Avenue SW between SW 344th Street and SW 356th Street to provide only one lane in each direction and a two-way left-turn lane. This would also provide a wide shoulder that could be used as a bike lane. The applicants would still construct frontage improvements for the ultimate 5-lane street on their side of 21 st Avenue SW. Analysis The applicants point out several advantages of restriping 21st Avenue SW to three lanes. The wider shoulders can be used as bike lanes. Also, three-lane streets generally have lower crash rates than four-lane streets. There are several reasons for this: 1. Left-turning vehicles are removed from through traffic lanes. This reduces the incidence of rear-end crashes where a left-turning vehicle is waiting for a gap in oncoming traffic and is rear-ended by a driver not noticing that the left-turning vehicle is not moving. It also reduces turning accidents as the left-turning driver does not feel pressured to make a left-turn by using an inadequate gap in order to avoid being rear-ended. 2. Moving though traffic lanes further from the curb line allows traffic entering from side streets and driveways improved sight distance from these side approaches. 3. Reducing the number of through traffic lanes reduces the number of lanes of oncoming traffic that side-street traffic must observe in order to determine when a safe gap exists to enter the street. 4. The two-way left-turn lane can be used by left-turning vehicles entering the street, allowing drivers to concentrate on observing through traffic one direction at a time. 5. The wide shoulder / bike lane provides a larger turning radius for right-turning vehicles, allowing higher speed turns. This reduces the speed differential in the through lane between through and right-turning traffic, thus reducing the potential for rear-end accidents involving right-turning vehicles. The disadvantages are less technical in nature and more policy driven. 1. The proposed restriping would reduce the capacity of 21 st Avenue SW. This does not directly create a concurrency issue for the City in the near term (six-year time frame), but would by 2015. In general, 3-lane roadways can operate well up to 15,000 vehicles per day or 825 vehicles per hour in the peak direction. These thresholds have been added in the draft Comprehensive Plan amendment. Based on the applicant's data, 21 st A venue SW is approaching these volumes. However, these volume thresholds are based on generic assumptions. In this case, the two signalized intersections on this segment of 21 st Avenue SW have adequate capacity and could absorb more traffic for now. However, the concurrency analysis conducted for the Comprehensive Plan amendment identifies the need for dual left-turn lanes on SW 356th Street at 21st Avenue SW by the year 2015. In order to provide this, 21st Avenue SW must have two northbound lanes to receive the dual left- turn lanes. Therefore, the 5-lane section will be needed by 2015. 2. The proposed restriping would be inconsistent with past policy direction. WSDOT is anticipating that the Park-and-Ride Lot at 21 st Avenue SW and SW 344th Street would begin construction in 1999 as a result of the passage of Referendum 49. This would add 97 peak hour trips to this segment of 21 st Avenue SW. As part of the Park-and-Ride Lot, WSDOT has been required by the City to widen 21 st Avenue SW to the planned 5-lane section between SW 339th Street and SW 344th Street and install a traffic signal at SW 344th Street. 3. Exempting this proposal could be inconsistent with other pending applications. Two subdivision applications are being processed that would abut and access 21 st Avenue SW in this segment, adding 69 single-family homes. Although review is not complete, it is anticipated that both of these subdivisions would also be required to provide the 5-lane section, since left-turn lanes could be warranted at their respective access points. 4. Revising the current policy direction could have a significant cumulative impact on the City's ability to provide streets that can accommodate forecast travel demand. The current 6- Year TIP is already heavily influenced by concurrency needs that stretch the City's ability to fund needed improvements. This trend could be expected to accelerate if the City does not aggressively pursue frontage improvements necessary to accommodate both safety and capacity needs. Also, concurrency requirements do not address the need for safety improvements. If the projects selected for the TIP are driven by concurrency requirements, needed safety improvements may not be funded adequately. 5. The proposed restriping would provide bike lanes (whether signed as such or not) on a street that is not identified as a bike route in the current Comprehensive Plan amendment. Provision of bike lanes could raise the expectation of bicyclists that 21 st Avenue SW would have bike lanes when 21 st Avenue SW is constructed to its ultimate width. The addition of bike lanes throughout the length of 21 st Avenue SW would add substantial cost to City for future reconstruction, and would include intersections that were recently improved without bike lanes. By comparison, the City currently is designing Phase III of BPA Trail, and is preparing a grant application for its construction. The BP A Trail would provide a parallel facility one-half mile to the east of 21 st Avenue SW. It should be noted that if all of the left-turn lanes were found to be warranted as a result of the proposed developments cited, the City would obtain the ultimate five-lane section between SW 339th Street and SW 351 st Street. It should also be noted that the church's application would not add a significant number of new trips. The improvements are required based on the code, and might be considered as not reasonably related to the impacts of the development in a court of law. Recommendation Staff seeks policy direction regarding the reduction of roadway capacity in order to reduce development costs. Potential alternatives include, but are not necessarily restricted to, the following: 1. Accept the church's proposal to restripe 2pt Avenue SW between SW 344th Street and SW 356th Street, while still requiring the half-street frontage improvement on the church's frontage, and amend policy to not require additional turn lanes regardless of volume warrants except to address: (a) high-accident intersections; (b) high-accident intersections or concurrency needs; or (c) high-accident intersections, concurrency needs, or developments that generate more than 10 new peak hour trips at an intersection (the current threshold for being considered a significant impact); 2. Require the left-turn lane only at SW 348th Street and restrict the church's driveway onto 21 st Avenue SW to right-in/right-out access, which would provide one safer means of turning left from and to 21 st Avenue SW while reducing the length of 21 st A venue SW that would need to be reconstructed, and amend policy to require only the minimum level of improvements that provide a reasonable means to address: (a) high-accident intersections; (b) high-accident intersections or concurrency needs; or (c) high-accident intersections, concurrency needs, or developments that generate more than 10 new peak hour trips at an intersection (the current threshold for being considered a significant impact); 3. Maintain the existing policy and require the church to provide turn lanes where warranted under City Code and its adopted standards for general roadway safety and efficiency. cc: project file day file K:\LUTC\1998\NWCHURCH.MEM m fT, ;z fTl '3'N 'is H16Z C.J1 C.J1 CD ex> g: g: )> )> < < m m Z ;Z fTl fTl C.J1 ....... -i I )> < m cn< . m UO!S!^!~riS 'M'S _m _I lOl8p!8-pue-)j.Jed CITY OF - --~- EC~ ~~FD-' DATE: November 19, 1998 TO: Phil Watkins, Chair Land Use and Transportation Committee FROM: Cary M, Roe, Public Works Director ~ SUBJECT: 1999 Grant Applications for Transportation Improvement Projects Background Grant applications are being accepted for federal (TEA-21) and state (TIB) funding by December 15, 1998 for the Hazard Elimination Program and January 15, 1999 for all other grant programs, Staff has reviewed the scoring criteria for each grant program with respect to the projects on the City's currently adopted Transportation Improvement Program, Attached for reference is the current TIP, The listing below identifies the proposed funding sources for each project. The amounts shown for the City's match are conservative estimates and could fluctuate based on each project's competitiveness statewide, Development impact fees collected for these projects are included in the amounts shown for the City's match, SR 99: S 312 Street - S 324th Street Add HOV lanes (right of way, construction) Federal Surface Transportation Program (40%) State Urban Arterial Trust Account (40%) City Match (20%) $ 3,358,200, $ 3,358,200, $ 1.679.000, $ 8,395,400, SR 99 @ S 330th Street Signalization, pedestrian improvements (construction) Federal Hazard Elimination (49,3%) State Pedestrian Facilities Program (already obtained) City Match (20%) $ 160,000, $ 100,000, $ 65.000, $ 325,000, S 288th Street @ SR 99 Add left-turn lanes (design, right of way, construction) State Urban Arterial Trust Account (80%) City Match (20%) $ 892,200, $ 223.100, $ 1, 115,3 00 , Land Use and Transportation Committee November 18, 1998 Page 2 S 312th Street @ 14th Avenue S Signalization (design, construction) State Pedestrian Facilities Program (80%) City Match (20%) $ 100,000, $ 25.000, $ 125,000, S 336th Street @ Weyerhaeuser Way S Signalization or Roundabout (design, construction) Federal Hazard Elimination (46,2%) Weyerhaeuser Contribution (26,9%) City Match (26,9%) $ 300,000, $ 174,350, $ 174.350, $ 648,700, Total Amounts Federal Grants State Grants Weyerhaeuser Contribution City Match $ 3,818,200, $ 4,524,750, $ 174,350, $ 2.166.450, $10,609,400, Recommendation Staff recommends that the Committee approve the above listed federal and state grant applications and forward to the December 1, 1998, City Council meeting for consideration, CMR\RAP:jg cc: Public Works Managers Grant Files Roe Working File Day File k:l1utc 119981grantapp, 99