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LUTC PKT 11-06-2017 Committee Members City Staff Bob Celski, Chair Marwan Salloum P.E., Public Works Director Lydia Assefa-Dawson, Member Mercedes Tenuta, Administrative Assistant II Mark Koppang, Member (253) 835-2701 City of Federal Way City Council Land Use/Transportation Committee November 6, 2017 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action or Info Council Date Time A. Approval of Minutes: October 2, 2017 Tenuta 3 Action N/A 5 min B. Military Road S and S 298th Street Compact Roundabout Project – 30% Design Status Report Preston 7 Action November 21, 2017 Consent 5 min C. 2017-2019 Transportation Demand Management Implementation Agreement Long 9 Action November 21, 2017 Consent 5 min D. 2017-2019 Commute Trip Reduction (CTR) Program Implementation Agreement with King County Long 17 Action November 21, 2017 Consent 5 min E. SCATBd Agreement Renewal Perez 23 Action November 21, 2017 Consent 5 min F. Acceptance of Water Quality Stormwater Capacity Grant Thurlow 33 Action November 21, 2017 Consent 5 min G. RESOLUTION: Soundview Manor Final Plat Approval Harris 35 Action November 21, 2017 Consent 5 min 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, December 4, 2017 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURN This page left blank intentionally. ' .... 2 Committee Members City Staff Bob Celski, Chair Marwan Salloum P.E., Public Works Director Lydia Assefa-Dawson, Member Mercedes Tenuta, Administrative Assistant II Mark Koppang, Member (253) 835-2701 City of Federal Way City Council Land Use/Transportation Committee October 2, 2017 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski, Committee member Mark Koppang, and Committee member Lydia Assefa-Dawson. Councilmembers in attendance: Deputy Mayor Jeanne Burbidge and Councilmember Susan Honda. Staff in Attendance: Public Works Director Marwan Salloum, Deputy Public Works Director/Street Systems Manager Desireé Winkler, Deputy City Attorney Mark Orthmann, Surface Water Manager Theresa Thurlow, Street Systems Project Engineer Christine Mullen, Street Systems Project Engineer Naveen Chandra, SWM Project Engineer Fei Tang, and Administrative Assistant II Mercedes Tenuta. 1.CALL TO ORDER: Chair Celski called the meeting to order at 5:00 PM 2.PUBLIC COMMENT (3 minutes): There were no public comments. 3.COMMITTEE BUSINESS Topic Title/Description A.Approval of Minutes: September 11, 2017 Committee approved the September 11, 2017 LUTC minutes as presented. •Moved: Koppang •Seconded: Assefa-Dawson •Passed: 3-0 B.S 320th Street at 20th Avenue S Intersection Improvements – Project Acceptance Street Systems Project Engineer Christine Mullen explained that this project increased the capacity of the intersection by adding a second left turn lane in both directions on S 320th Street and included utility relocations, pavement widening, sidewalks, upgrades to the traffic signal, storm drainage improvements, and street lighting and trees. Ms. Mullen indicated that prior to the release of retainage on a project, City Council must accept the work as complete to meet the State Department of Revenue and Labor & Industries requirements. Ms. Mullen also presented before and after photos and stated the project came in below budget by $254,261.29. Committee member Mark Koppang and Public Works Director Marwan Salloum had a brief discussion pertaining to the allocated capital fund where savings are put for future projects that require City matching funds. Committee forwarded Option #1 (Authorize final acceptance of the S 320th Street at 20th Avenue S Intersection Improvements Project constructed by Titan Earthwork, LLC, in the amount of $1,202,274.46 as complete) to the October 17, 2017 Council Consent Agenda for approval. •Moved: Assefa-Dawson •Seconded: Koppang •Passed: 3-0 DRAFT 3 Committee Members City Staff Bob Celski, Chair Marwan Salloum P.E., Public Works Director Lydia Assefa-Dawson, Member Mercedes Tenuta, Administrative Assistant II Mark Koppang, Member (253) 835-2701 C.Sacajawea Middle School Safe Routes to Schools – Project Acceptance Street Systems Project Engineer Christine Mullen explained that this project provided an 8-foot sidewalk, bike lane, planter strip, street trees, and ADA ramps. Ms. Mullen indicated that prior to the release of retainage on a project, City Council must accept the work as complete to meet the State Department of Revenue and Labor & Industries requirements. Ms. Mullen also presented before and after photos and stated the project came in below budget by $136,906.66. Committee member Mark Koppang had a question regarding the plan to continue the sidewalk in front of school. Ms. Mullen explained that a grant application and a Transportation Improvement Board (“TIB”) application have been submitted. Committee forwarded Option #1 (Authorize final acceptance of the Sacajawea Middle School Safe Routes to Schools project constructed by Sound Pacific Construction, LLC, in the amount of $940,906.34 as complete) to the October 17, 2017 Council Consent Agenda for approval. •Moved: Koppang •Seconded: Assefa-Dawson •Passed: 3-0 D.South 352nd Street Extension from Enchanted Parkway South to Pacific Highway South Project – Project Acceptance Street Systems Project Engineer Naveen Chandra explained that this project extended South 352nd Street from Enchanted Parkway South to Pacific Highway South with two through-lanes, 1 center turn-lane, a bike lane, sidewalk in both directions, and a new traffic signal installed at South 352nd Street and Pacific Highway South. Mr. Chandra indicated that prior to the release of retainage on a project, City Council must accept the work as complete to meet the State Department of Revenue and Labor & Industries requirements. Mr. Chandra also presented before and after photos and stated the project came in below budget $300,069.90. Committee member Mark Koppang and Chair Celski congratulated the Public Works Department on the savings and hard work. Committee forwarded Option #1 (Authorize final acceptance of the South 352nd Street Extension from Enchanted Parkway South to Pacific Highway South Project constructed by Scarsella Brothers, Inc., in the amount of $2,694,350.06 as complete) to the October 17, 2017 Council Consent Agenda for approval. •Moved: Assefa-Dawson •Seconded: Koppang •Passed: 3-0 E.Lakota Park Stormwater Facility Repair Project – 30% Design Status Report SWM Project Engineer Fei Tang revisited the winter of 2015 Lakota Park flooding incident that caused settlement of the berm with pictures and background information. Mr. Tang explained that this project will mitigate the berm settlement with placement of low permeability soil topped with 3 inches across the surfacing to restore the existing walking trail on top of the berm as well as replace approximately 470 linear feet of the deteriorated concrete pipe. Mr. Tang also provided the cost estimates and available funding which also included recently awarded grant funding. A brief discussion was held between committee members, Mr. Tang, and Mr. Salloum regarding trenching the field, project timeline, and project budget savings in relation to grant reimbursement and ability for funds to be moved. Committee forwarded Option #1 (Authorize staff to proceed with design of the Lakota Park Stormwater Facility Repair Project and return to LUTC and Council at the 85% design completion for further reports and authorization) to the October 17, 2017 Council Consent Agenda for approval. •Moved: Koppang •Seconded: Assefa-Dawson •Passed: 3-0 4 Committee Members City Staff Bob Celski, Chair Marwan Salloum P.E., Public Works Director Lydia Assefa-Dawson, Member Mercedes Tenuta, Administrative Assistant II Mark Koppang, Member (253) 835-2701 4.OTHER 5.FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, November 6, 2017 at 5:00 p.m. in City Hall Council Chambers. 6.ADJOURN: The meeting was adjourned at 5:20 PM Attest: Mercedes Tenuta Administrative Assistant II Approved by Committee: 5 This page left blank intentionally. 6 COUNCIL MEETING DATE: November 21, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MILITARY RD S / S 298rn STREET COMPACT ROUNDABOUT PROJECT-30% DESIGN STATUS REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the Military Rd S / S 298th Street Compact Roundabout Project and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 6, 2017 CATEGORY: IS] Consent D Ordinance D Public Hearing 0 City Council Business D Resolution 0 Other STAFF REPORT BY: Erik Preston, P .E ., Senior Traffic Engineer ~ DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 6, 2017. Options Considered: 1. Authorize staff to proceed with design of the Military Rd S / S 298th Street Compact Roundabout Project and return to the LUTC and Council at the 85% design completion stage for further reports and · authorization. 2. Do not authorize staff to roceed with this roj ect and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the Novembe Council Consent Agenda for approval. COMMITTEE RECOMMENDATION: / move to forward Option I to the November 21, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the Military Rd S I S 298'" Street Compact Roundabout Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization . " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TAB LED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinan ces only) REVISED -11/2016 7 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2017 TO: Land Use and Transportation Committee VIA: FROM: Jim Ferrell, Mayor , \_ _.-- Matwan Salloum, P.E., Public Works Directo~ Erik Preston, P.E., Senior Traffic Engineer ~ SUBJECT: Military Rd S & S 298th St Compact Roundabout Project -30% Design Status Report BACKGROUND: This Project will construct a compact roundabout at the intersection of Military Rd S at S 298th St. This project requires right-of-way acquisition from only one parcel. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • Topographical Survey and Utility Mapping • NEPA/SEP A Document Preparation and Submittal • Right of Way research and calculations • Project Design to 30% • Draft Traffic Analysis Report • Draft Illumination Design Report • Draft Surface Water Technical Memo Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Right of Way Plans and Acquisition PROJECT ESTThIATED EXPENDITURES: Consultant Design Right of Way Construction Cost 10% Construction Contingency Construction Management (in house) TOT AL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds WSDOT Safety Grant TOTAL AVAILABLE BUDGET PROJECT BUDGET SHORTFALL: $122,011 $50,000 $690,000 $69,000 $0 $931,011 $80,344 $723,092 $803,436 $127,575 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. 8 COUNCIL MEETING DATE: November 21, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2017-2019 TRANSPORTATION DEMAND MANAGEMENT IMPLEMENTATION AGREEMENT POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with the Washington State Department of Transportation (WSDOT) allowing the State to reimburse the City its proportionate share of the technical assistance funding for implementing the State Commute Trip Reduction (CTR) law? COMMITTEE: Land Use & Transportation Committee CATEGORY: ISi Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Sarady Long, Senior Trans. Plannin En MEETING DATE: Nov. 6, 2017 D D Public Hearing Other DEPT: Public Works -Traffic Div. Attachments: Memorandum to the Land Use and Transportation Committee dated October 10, 2017 . Exhibit l; Project Scope of Work Options Considered: 1. Authorize the Mayor to enter into an agreement with WSDOT to accept state CTR technical funds in amount of $38,869 for the 2017 -2019 biennium . 2. Do not authorize the Mayor to enter into an agreement with WSDOT and implement CTR program as required by state law and local CTR ordinance without the State CTR technical fund. The City would need to allocate budget in the amount of $38,869 for the 2017 -2019 biennium. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option l to the November 2 Council Consent Agenda or approval. COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement with WSDOT to the November 21, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Transportation Demand Management Implementation Agreement with WSDOT to accept the state CTRfand in the amount of $38,869, effective July 1, 2017 through June 30, 2019, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNClL ACTION: 0 APPROVED 0 DENlED 0 TABLED/DEFERRED/NO ACTlON 0 MOVED TO SECOND READING (ordinances only) REVISED-11/2016 9 COUNCIL BlLL # 15T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: October 10, 2017 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor \\ ~ . Marwan Salloum, P.E., Director of Public Works ~ Sarady Long, Senior Transportation Planning Engineer ~ SUBJECT: 2017 -2019 Transportation Demand Management Implementation Agreement BACKGROUND: The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR) programs as required by State law. The CTR program requires a two-year agreement with WSDOT from July 1, 2017 through June 30, 2019. The purpose of the agreement is to allow the State to reimburse the City its proportionate share of the technical assistance funding. The work performed under this agreement is as described in the attached EXHIBIT I, Project Scope of Work Commute Trip Reduction (CTR). The City's current CTR agreement with WSDOT has expired and a new agreement is required to receive funding. The agreement capped funding allocation to the City at $38,869.00 for the July 1, 2017 through June 30, 2019 biennium. As in the past, due to workload and expertise the City will continue to use the funding allocation from WSDOT to contract with King County for their CTR support services. Staff will present this contract to the LUTC and Council committee as a separate agenda item. cc : Project File Day File 10 EXHIBIT l Project Scope of Work Commute Trip Reduction (CTR) 1. Scope of Work A. Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements: 1. · The work plan shall identify the deliverables, schedule, expected outcomes, performance measures and the budget specific to strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include, but are not limited to, recruiting new employer worksites, reviewing employer programs, administering surveys, reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. 2. The administrative work plan budget shall identify how the CONTRACTOR will use the state funds provided in this AGREEMENT for each task . The work plan shall also provide an estimate of the other financial resources not provided in this AGREEMENT that will be used to complete each task. 3 . The administrative work plan must be approved in writing by the WSDOT Project Manager, and shall be incorporated as a written amendment to the AGREEMENT. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a written amendment to this AGREEMENT. B. Work to be Performed The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The CONTRACTOR agrees to implement a CTR program based on the approved administrative work plan and the draft or adopted local CTR plan and to comply .with all provisions of the applicable county or city ordinance. C. Use of State Funds for Incentives// The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR. D. Quarterly Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified by WSDOT in Section 7 -Progress Reports of the AGREEMENT , in Exhibit 2, "Project Progress Report", and as integrated with the deliverables identified in the administrative work plan, along with all invoices in accordance with Section 5 -Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and accurately reflect actual State funded expenditures. Only those activities identified in the CONTRACTOR'S approved administrative work plan will be reimbursed byWSDOT. E. Final Progress Report The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of which is attached hereto as Exhibit 4, "Final Project Progress Report," to replace the last quarterly progress GCB2751 Page 8 of 13 11 report in the period of the AGREEMENT. The final progress report shall provide an estimate of any other financial re sources not provided in this AGREEMENT that were used to complete each task and shall provide a list of the funds provided in this AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting partner(s). F. Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94 .544, and by ordinances adopted pursuant to RCW 70.94.527(5). G. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation , and administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances. H. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures section contained in the CTR Guidelines which may be obtained from WSDOT or found at hllp://www.wsdot.wa.gov/Trans it/CT.R/law.htm . I. Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. J. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip reduction employer surveys. K. Planning Data The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested . These updates shall be submitted electronically in a format specified by WSDOT. L. Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts , as requested. These updates will be submitted in a format specified by WSDOT. GCB2751 Page 9 of 13 12 EXHIB1T2 Project Progress Report Commute Trip Reduction (CTR) Quarterly Project Report Reporting quarter: Date: Organization: Agreement number: Biennial Estimate of drive-alone trips to reduce to meet goal: tareets Key • deliverables: (from administrative work plan) Completed activities this quarter • Planned activities for next quarter • Describe issues, risks or challen2es and resolutions • Estimated expenditures of state funds for this quarter I • GCB2751 13 Page IO of 13 EXHIBIT 3 Invoice Voucher Template iNVOICE VOUCHER 'Em.ail a scan of Ille signed originilll with s141POrting document5 if required to PTOlnvoices@lwsdolwa.g~ and Cc to !he assigned Community Liaison S\tlject: 0 0 MINORlrY BUSINESSES MARK BOX{ES}F APPROPRIATE M~ w CM E CJ' VENDOR OR Ci.AfloAANT (WARRANT TO 81:: PAYABl.E TO) VEM>OR'S CERTIFICATE. I hear ~arily \ftler pa,;My af paji.syih.Jt me: it.ems ;;nd tcial listed heran ara proper ch.-ijes ror ·rraera1s. merdlandise ·tr se,w;es fumishEd ta lhe State cl Washingta,, and lhai all goods fi.mishad ao:! / er 5e1vees rnEn!<l h¥! beefl pm.ided wi!hcu disormilaln a. the grounds af r.r::i!, ®'ell, color, "'1tioffal aigin, sex er age. FEDERAL LO. NO . OR SOCIAL SECURITY NO. (fur repcrti,g pasorol SEMO: llOlllraCt ~tol.R.S) BY (SIGNATURE IN IN() •--• • TillE DATE INSTRUCTIONS TO VENDOR OR CLAIMANT: Show complete detail for each item below. "' DE.SCRPTION CURRENT DAlE EXPENOrTURES . TDM lmplementallorlAdnliristrarion and Employer Support En"'"""'r T raifSIQ/Networlt.ina Total Billed This Pertod $0.00 AGREEMENT PROGRAM DESCRIPTION BIi.LB> PERK:>D INVOICE NUMBER 2015-17 TOM lmplementatioo 0 FOR WSDOT ONLY ACCOUNTING CLASSIFICATION JOBIUIBER • WORK SlmQBJ ORG NET AMOUNT VOOCHERI OP NUMBER 2P6773-0723 NZ13 631020 $0.00 ~ by Business Se,v,oes St1 Date ' GCB275 l Page 11 of 13 14 EXHIBIT 4 Final Project Progress Report Commute Trip Reduction (CTR) Final Project Report Biennium: 2015-2017 Date: Organization : Agreement number: GCB Biennial Estimate of drive-alone trips to reduce to meet goal : targets • Deliverables: • (from administrative work Dian) Describe your proaress on each of your deliverables this biennium . • Did you meet your targets for this biennium? Why or why not? What were your major successes this biennium? How did they help you make progress toward the goals in your jurisdiction's CTR plan(s) and/or work plans/scope of work? • What were your major challenges this biennium? How did they hinder your progress toward the goals in your jurisdiction's CTR plan(s) and/or work plans/scope of work? • How do you measure the performance of your strategies? • What did you learn this biennium? • What would help you be more successful in the future? Please be specific (If it's more resources, how much and what would they be for, etc.) . • For each of the strategies in your administrative work plan , describe your expected outcomes, whether you met those outcomes, and why or why not. Strategy Expected Performance Outcomes Why or why not? outcomes measures met? GCB2751 Page 12 of 13 15 If your organization used other financial resources besides state CTR funds to implement the activities in your administrative work plan for this agreement, please provide the information below. Source of local funds Total local funds: Estimated funds spent this a reement How the funds were used If your organization disbursed any state CTR funds to other organizations to implement the activities in your administrative work plan for this agreement, please lis~ the total amount disbursed for the biennium below. Organization Total disbursement: GCB2751 Total disbursed this a reement 16 Purpose of disbursal Page 13 of 13 COUNCIL MEETING DATE: November 21, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2017-2019 COMMUTE TRIP REDUCTION (CTR) PROGRAM IMPLEMENTATION AGREEMENT WITH KING COUNTY POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with King County for CTR program implementation? COMMITTEE: Land Use & Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution MEETING DATE: Nov . 6, 2017 D D Public Hearing Other DEPT: Public Works-Traffic Div. Attachments: Memorandum to the Land Use and Transportation Committee dated October I 0, 2017 . Exhibit A; Scope of Work Options Considered: 1. Authorize the Mayor to enter into an agreement with King County in the amount of $33,646 for CTR implementation. 2. Do not authorize the Mayor to enter into an agreement with King County and hire part-time (0 .60 FTE) CTR Coordinator. The City will need to identify and supplement additional budget on a yearly basis to cover employee cost and program start up. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 21, 2017 City Council Consent Agenda for approval. COMMITTEE RECOMMENDATION: I move to forward option 1 to the November 21, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Agreement with King County with a compensation of $33,646, effective July 1, 2017 through June 30, 2019, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinanc es only) REVISED -11 /2016 17 COUNCIL BILL# I sT reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: October 10, 2017 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor . '\. ~ Marwan Salloum , P.E ., Director of Public Works ~ Sarady Long, Senior Transportation Planning Engineer ~ ... __ _ SUBJECT: 2017-2019 Commute Trip Reduction Program Implementation Agreement with King County BACKGROUND: The Washington State's Commute Trip Reduction (CTR) Law requires the City to develop plans and programs to reduce Single Occupant Vehicle (SOY) and Vehicle Miles Traveled (VMT) commuting trips . The law only applies to major employers with one hundred (100) or more full-time employees scheduled who arrive at a single worksite between 6 :00 am to 9 :00 am. Over the last 18 years, the City has contracted with King County for their CTR support services to implement the CTR program . The existing agreement with King County has expired and staff proposes to enter into a new, two-year Professional Services Agreement. The work to be performed under this agreement is described in the attached Exhibit A -Scope of Work . The proposed 2017 -2019 CTR Implementation Agreement with King County would be fully funded by the state CTR technical assistance grant. For the July l, 2017 through June 30 , 2019 biennium , the state capped technical assistance funding allocation to the City at $38,869 .00. This agreement will be presented to the LUTC on November 6, 2017 as a separate ag enda item. The State CTR grant would be sufficient to fund the 2017 -2019 Agreement with King County Metro, which is estimated at $33 ,646 .00. Please see attached Exhibit B for assumptions of the state grant and expenditures . Staff believes this is a cost-effective way to implement the CTR program , as most cities have a full-time CTR coordinator. cc : Project File Day File 18 Exhibit A -Scope of Work City of Federal Way Commute Trip Reduction (CTR) Program Implementation Agreement Period: July 1, 2017 -June 30, 2019 Strategy 1: Train all new employee transportation coordinators (ETCs) and new and existing worksites to ensure that they have an understanding of the requirements of the law, implementation strategies and their site's performance to date. Description Consult with ETCs at new sites and with new ETCs at existing sites, provide ETC training and consultations with new ETCs, offer program and survey briefings aligned with CTR cycles and update King County website CTR pages. Deliverables Offer one (1) live, online Skype presentation explaining details of CTR Program requirements, and one (1) live Skype presentation detailing the CTR Survey process; also includes maintenance of and updates made to above presentations as needed. Strategy 2: Track and notify employers of legally required activities and provide technical assistance to all employers for legal compliance. Description Notify new sites; assist them with baseline survey and initial program development. Send survey and program notifications to all sites, review extensions and exemptions requests, set up and assist sites with paper and online surveys and program reporting. Negotiate steps for compliance with non-compliant worksites. Maintain database and master file records on all sites. Provide WSDOT with an electronic copy of city's CTR-affected employers and ETCs quarterly or as required by WSDOT. Deliverables New site, survey and program reporting notifications within timeframes specified in law or ordinance; documentation of sites' compliance with required activities, provision of electronic and paper records in accordance with WSDOT requirements; and documentation of infractions as needed to conduct enforcement actions. 2017-2019 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A : Scope of Work-Page 11 of 14 19 Strategy 3: Focus program review.and survey analysis time on sites that have not made progress towards goal and spend less time reviewing program reports for sites that have made progress or goal. Recommend to worksites that have not made progress measures to improve their performance. Description • For sites that have met or made progress towards goal, focus program review for completeness of report and approve using electronic submittal. • For no progress sites, conduct survey analysis and make recommendations for program improvements to ETC. Review programs for inclusion of recommendations, as well as completeness and program summary. Deliverables Program approvals, consultations with sites that have not made progress or goal. Strategy 4: Assist ETCs with marketing of commute programs and ensure they meet their program information distribution requirements. Help ETCs become a major resource to their employees by providing them with up-to-date commute information, tools for communicating with employees, turn-key commuter promotions, and opportunities to attend employer network group meetings. Brief description Review program summary and make marketing recommendations at sites that did not make progress towards goals. Send transportation related news and announcements via email to all ETCs; coordinate and distribute materials and information for promotions such as Wheel Options and Bike to Work Day; schedule, promote, engage speakers and invite ETCs to employer network group meetings, as needed. Deliverables Email & mailings to sites, distribution of promotional materials to sites, network group meetings as needed. 2017-2019 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A: Scope of Work -Page 12 of 14 20 • Strategy 5: Actively promote alternatives to drive-alone commuting at worksites targeted by location, corridor, industry or lack of progress toward goal. Brief description Identify highly congested employment areas and/or sites that have not made progress toward goals for targeted outreach. Develop strategies to help ETCs communicate and promote program to employees, implement targeted promotions. Deliverables Promotions or events at targeted areas. Strategy 6: Administer program Brief description Perform general update and implementation of the CTR Plan and ordinance, including development and execution of implementation contract between King County CTR Services and City of Federal Way and the Administrative Work Plan; provisions of quarterly report information for city to complete state funds billing and reporting requirements. Meet quarterly with CTR staff to review activities and accomplishments. Other activity as incurred costs for materials, as directed by the city. Provide the city with draft responses to inquiries by the CTR Board and others, as requested. Deliverables Executed CTR contract, updated CTR Plan ready for city editing and delivery to PSRC and the CTR Board 2017-2019 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A : Scope of Work -Page 13 of 14 21 Exhibit B -Cost Estimate City of Federal Way Com.mute Trip Reduction (CTR) Program Implementation Agreement Period: July 1, 2017 -June 30, 2019 FUNDING State Commute Trip Reduction Funds TOTAL FUNDS AVAILABLE NUMBER OF SITES COMMUTE TRIP REDUCTION SERVICES CONTRACT Strategy 1 Strategy 2 Strategy 3 Strategy 4 Strategy 5 Strategy 6 CONTRACT TOTAL 2017-2019 Commute Trip Reduction Agreement Between King County and the City ofFederal Way Exhibit B: Cost Estimate -Page 14 of 14 22 $38,869.00 11 $1634.00 $10,972.00 $4862.00 $7161.00 $3269.00 $5148.00 $33,646.00 COUNCIL MEETING DATE: November 21, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SCATBD AGREEMENT RENEWAL POLICY QUESTION: Should the Council authorize the Mayor to execute the agreement to continue the City's participation on the South County Area Transportation Board? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Rick Perez, P.E., Ci Traffic Engineer MEETING DATE: November 6, 2017 D Public Hearing D Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 6, 2017. Options Considered: 1. Authorize the Mayor to execute the agreement to continue the City's participation on the South County Area Transportation Board. 2 . Do not authorize the agreement and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Novemb r 21, 2017 City Council Consent Agend for approval. COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the November 21, 2017 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move approval for the Mayor to execute the agreement to continue the City's participation on the South County Area Transportation Board " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-11/2016 23 COUNCIL BILL# 1ST reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: SUBJECT: CITY OF FEDERAL WAY MEMORANDUM November 6, 2017 Land Use/ Transportation Committee Jim Ferrell, Mayor • \ '--__ Marwan Salloum, P.E., Director of Public Works ~ Rick Perez, P.E., City Traffic Engineer /vJ? SCATBd Agreement Renewal BACKGROUND: The South County Area Transportation Board ("SCATBd") is a group representing agencies in and around the South King County subarea with responsibilities for all modes of transportation within the area. It serves as a forum to promote cooperation within the subarea and a lobbying force with county, regional, and state agencies on transportation issues and policies. King County and Sound Transit have specifically identified subareas in its transit policies, and SCATBd represents our subarea in those venues. The attached agreement is a minor update of past agreements, with the only change being the replacement of "intermodal" with "multimodal". This agreement extends through 2020. cc : Project File Day File 24 South County Area Transportation Board Agreement Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Muckleshoot Indian Tribe King County Transmitted to parties for approval and signature on ____ _ THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called "Black Diamond"; the CITY OF BURIEN, hereafter called "Burien"; the CITY OF COVINGTON, hereafter called "Covington"; the CITY OF DES MOINES, hereafter called ''Des Moines"; the CITY OF ENUMCLAW, hereafter called "Enumclaw"; the CITY OF FEDERAL WAY, hereafter called "Federal Way"; the CITY OF KENT, hereafter called "Kent"; the CITY OF MAPLE VALLEY, hereafter called "Maple Valley"; the CITY OF MILTON, hereafter called "Milton"; the CITY OF NORMANDY PARK, hereafter called "Normandy Park"; the CITY OF PACIFIC, hereafter called "Pacific"; the CITY OF RENTON, hereafter called "Renton"; the CITY OF SEATAC, hereafter called "SeaTac"; the CITY OF TUKWILA, hereafter called "Tukwila"; the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County" as members of the South County Area Transportation Board. WHEREAS, the parties to this agreement recognize that multi-jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board has served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the south King County area; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: l 25 1.0 Purpose of this Agreement The purpose of this Agreement is to recognize the South County Area Transportation Board as the transportation board for the south King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. 2.0 Members and Voting Members shall have full voting rights, limited voting rights or shall be non-voting members, as follows: 2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement shall have full voting rights on all of the following issues before the South County Area Transportation Board, unless otherwise noted, including: 1. Administrative issues, such additional members and use of dues 2. Recommendations to Sound Transit on policies and capital and service plans and implementation. 3. Recommendations to King County on Metro Transit planning, development and implementation of products and services. 4. Identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. 5. Recommendations to WSDOT on policies, programs and projects. 6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 7. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 8. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation-related programs. 2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add members with limited voting rights on the issues such as those listed below by unanimous vote of the parties to this agreement in attendance at a regular meeting. 1. Recommendations to WSDOT on policies, programs and projects. 2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 3. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 4. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation-related programs. 2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by the South County Area Transportation Board. 2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The South County Area Transportation Board may remove non-voting members by a unanimous vote of the parties to the agreement at a regular meeting. 2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area Transportation Board. 2 26 3.0 Representation and Conduct 3.1 Rep res entat ion of ci ty and county members shall be as follows: Full Votinl? Members Number of Representatives City of Algona 1 City of Auburn 1 City of Black Diamond 1 City of Burien 1 City of Covington I City of Des Moines I City of Enumclaw I City of Federal Way 1 CityofKent 1 City of Maple Valley I City of Milton 1 City of Normandy Park 1 City of Pacific 1 City of Renton 1 City of SeaTac 1 City of Tukwila I Muckleshoot Indian Tribe I King County 3 3.2 Elected officials shall be appointed to the South County Area Transportation Board by their cities and counties for a one-year term. King County representation shall be a maximum of two Councilmembers and the King County Executive. · 3.3 Each city or county participating member may appoint an alternate for a one-year term. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.0 Operating Procedures 4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited voting members and non-voting members, if any, dues for limited and non-voting members, if any, and operational issues such as election of officers, formation of subcommittees and rules of order. A chair and vice-chair shall be elected per the operating procedures and shall be responsible for setting meeting agenda, running meetings and any other activities identified in the operating procedures. 5.0 Lead Agency 5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through annual dues, and general administrative and program support for the South County Area Transportation Board. King County assumes wage and benefit costs of its staff performing Lead Agency responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole discretion, shall determine the level of staffing available based upon funding. 5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area Transportation Board membership rosters and distribution lists; arranging for Board meetings, including scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board meeting support to the chair and vice chair; attending Board meetings ; and preparing Board meeting summaries. 3 27 6.0 Financing and Cost Sharing Guidelines 6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of $100.00 per full voting representatives in annual dues to remain members in good standing. The Lead Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt of the invoice. Members not in good standing shall lose voting rights until the required dues are paid. Additional dues above $100.00, and any dues required by limited or non-voting members, will be determined by the South County Area Transportation Board as prescribed in the operating procedures. Revenue from dues shall be used for special events, public education, or other expenses authorized by the South County Area Transportation Board. The designated Lead Agency shall not be required to pay yearly dues. 6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by June 30 of each year whether additional annual dues above $100.00 per voting representatives will be required of the South County Area Transportation Board member jurisdictions for the following year. 6.3 Additional financial contributions: If additional financial contributions beyond an increase in dues are determined to be necessary, costs shall be shared among all voting members, with an option for King County to recuse itself from further financial obligations. Recused members may not vote on determining the additional financial contribution or uses for the additional funds. 6.4 . Modification to Agreement Required: If additional funds are determined to be necessary, a modification to this agreement specifying cost-sharing, purpose, scope of work, administration, collection and disbursement of funds and other details is required in order to obligate a member jurisdiction to funding participation. 7.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to the chair of the South_ County Area Transportation Board at least thirty (30) days in advance of the · effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to the South County Area Transportation Board and shall pay any dues required to be paid under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. All obligations other than dues cease upon withdrawal. Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw from the Agreement. 8.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2019, provided that unless terminated earlier in accordance with Section 9.0, this Agreement shall be automatically extended upon the same terms or conditions for another term commencing January 1, 2020 and ending no later than December 31, 2021. 4 28 9.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 11.0. 10.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain with the Lead Agency. 11.0 Return of Funds At such time as this Agreement expires without being extended or revised, or is terminated in accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party's percentage share of the total balance at the time of termination. 12.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 13.0 Legal Relations 13.1 The parties shall comply with all applicable state and federal laws and regulations. 13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 13 .3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions ofRCW Title 51. In the event either party incurs attorney's fees, costs or other legal expenses to ·enforce the provisions of this section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. 13.4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. S 29 14.0 Entirety and Modifications 14.1 This Agreement merges and supersedes all prior negotiations , representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 14.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 15.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. City of Algona City of Auburn City of Black Diamond By: ______ _ By: -------By: ---------- Date: Date: Date: ---------------------- City of Burien City of Covington City of Des Moines By: ______ _ By: ____ _ By: _____ _ D ate: Date: Date: ------------------ 6 30 City of Federal Way City of Kent City of Maple Valley By: _____ _ By: ------By : ______ _ Date: Date: Date: City of Normandy Park City of Pacific City of Renton By: -------By: ------By: _____ _ Date: Date: Date: ------------------ City of SeaTac City of Tukwila Muckleshoot Indian Tribe By: _____ _ By: ______ _ By: ______ _ Date: Date: Date: ------------------ King County City of Enumclaw City of Milton By: _____ _ By: ______ _ By: ______ _ Date: Date: Date: ------------------ 7 31 This page left blank intentionally. 32 COUNCIL MEETING DATE: November 21, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ACCEPTANCE OF WATER QUALITY STORMWATERCAPACITY GRANT POLICY QUESTION: Should the Council authorize staff to accept the 2017-2019 Department of Ecology Water Quality capacity grant in the amount of $50,000. COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov . 6, 2017 CATEGORY: [2J Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manager 1--DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 6, 2017 . Options Considered: 1. Authorize SWM staff to accept the 2017 Department of Ecology Water Quality Capacity Grant award in the amount of $50,000 . 2. Do not authorize SWM staff to accept the 2017 Department of Ecology Water Quality Capacity Grant award in the amount of $50 ,000. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Nov e Council Agenda for a pprova l. COMMITTEE RECOMMENDATION: I move to forward option I .to the Novemb er 21 s1, 201 7 cons ent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize SWM Staff to proceed with acceptance of the Department of Ecology Water Quality Capacity Grant in the amount of $50,000. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -11/2016 33 COUNCIL BILL# 18T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: CITY OF FEDERAL WAY MEMORANDUM November 6, 2017 Land Use and Transportation Committee Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director~~~ El Walsh , P.E., Deputy Director Public Work Theresa Thurlow, P. E. , Surface Water Manager SUBJECT: Department of Ecology Water Quality Stormwater Capacity Grant BACKGROUND: On 8/22/2017, Council authorized SWM Staff to apply for the 2017 Department of Ecology Water Quality Stormwater Capacity grant which is intended to assist with NPDES Phase II permit requirements in 2017-2019. City of Federal Way Public Works Surface Water Management staff has received notification of grant award and subject grant agreement. cc : Project File Day File 34 COUNCIL MEETING DATE: November 21, 2017 ITEM#: -------'------------------====--- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUNDVIEW MANOR FINAL PLAT APPROVAL RESOLUTION POLI CY QUESTION: Should the City Council adopt a resolution approving the Soundview Manor Final Plat, (City File No. 15-104753-SU)? COMMITTEE: Land Use/Transportation CATEGORY: D Consent D City Council Business STAFF REPORT BY: Jim Harri s, Planner Attachments: D Ordinance ~ Resolution 1. Resolution approving the Soundview Manor Final Plat. MEETING DATE: November 6, 2017 D D Public Hearing Other DEPT: Community Development 2. Soundview Manor Final Plat Staff Report, November 6, 2017, with exhibits . ,Options Considered: 1. Approve the Final Plat and Resolution as presented. 2. Modify the Final Plat and/or Resolution and approve as modified. 3. Do not approve the Final Plat and provide direction to staff. MAYOR'S RECOMMENDATION: Adopt the Resolution approving the Soundview Manor Final Plat. io/n/,., COMMITTEE RECOMMENDATION: I move to forward the Resolution approving the Soundview Manor Final Plat to the November 21, 2017, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Resolution approving the Soundview Jvfanor Final Plat." (BELOW TO BE C01'ltll'l£TEJ) BY CITY CLERKS' OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -11/201 6 35 COUNCIL BILL# I ST reading Enaclmcnl reading ORDINANCE# RESOLUTION# CITY OF ~ Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO LAND USE & TRANSPORTATION COMMITTEE SOUNDVIEW MANOR FINAL PLAT Federal Way File No. 15-104753-00-SU Report prepared by Jim Harris, Senior Planner, November 6, 2017 I RECOMMENDATION Approval of the Soundview Manor Final Plat is recommended (Exhibit A). City of Federal Way staff has reviewed the final plat application and finds it complies with the preliminary plat conditions and all other applicable codes and policies. II POINT SUMMARY Meeting Date: Land Use/Transportation Committee-Monday, November 6, 2017-5:00 pm. Plat Location: King County Parcels 112103- 9060 and 112103-9119. Parcels are located along Dash Point Road east of 441" Avenue SW intersection (Exhibit B). Description: Soundview Manor is a proposed 21-lot single-family residential subdivision on approximately 9 .2 acres. The Soundview Manor preliminary plat application was granted approval by the Federal Way City Council.on May 6, 2013, per City Council Resolution 13-636 (Exhibit C). Access to Soundview Manor is via SW Dash Point Road onto a new roadway within the plat. All required roads, sidewalks, pedestrian pathways, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or are financially guaranteed. Owner: High Country Soundview Manor LLC Jim Christensen 3535 Factoria Blvd. SE, Suite 500 Bellevue, WA 98006 36 Agent: Water: Sewer: Fire District: School District: CES NW, Inc. Craig Deaver 310 29111 St. NE, Suite 101 Puyallup, WA 98372 Tacoma Water Lakehaven Water and Sewer District South King Fire and Rescue Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan and zoning designation for the subject property is Single Family High Density Residential and RS 9.6, respectively. The Soundview Manor plat is a standard subdivision with a minimum permitted lot size of 9,600 square feet. The lot sizes on the final plat range from 9,603 square feet to 15,327 square feet. The 21-lot Soundview Manor Preliminary Plat was granted approval by the Federal Way City Council on May 6, 2013, per Resolution 13-636. The 9.2-acre subdivision includes tracts for storm drainage, open space, wetland buffer, landscaping, and pedestrian pathway. The applicant applied for final plat approval on September 17, 2015, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17 .110 and Federal Way Revised Code (FWRC) 18.40, the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) all required improvements have been made or sufficient security has been accepted by the city. City of Federal Way staff has reviewed the Soundview Manor Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWRC 18.40.040. A proposed resolution to approve the Soundview Manor Final Plat is enclosed (Exhibit E). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution 13-636). Required improvements have been completed or financially secured as allowed by FWRC 18.40.040 and identified by staff responses following each condition. 1. Pr io r to proceeding with pl at infra structure construction , the applicant sh a ll provide a revised landscape plan that in c ludes the following land sc aping to be approved by the city: a. Arterial buffer landsca ping sh a ll be required in Tracts C and D per FWRC 18 .60 .030 . b. Stormwater detention facility buffer landscaping shall be required in Tract A, includ ing trees , shrubs, and ground cover, to provide a visu a l separation between the public right-of-way and the Staff Report To Land Use & Transportation Committee Sound view Manor Fina l Plat 37 Page 2 15 -104753-00-SU/Doc. 1.D. 70972 proposed stormwater facilities. This landscaping shall be placed in a separate tract that shall be owned and maintained by the homeowners' association. If cyclone fencing is used around the storm drainage ponds, the fencing shall be coated black or green. c. Street trees in right-of-way landscape planter strips per Public Works Department standards. d. · Indication of methods to protect significant trees identified for retention in Tracts B, E, F, and G during plat and home construction in accordance with FWRC 19.120.160 requirements. Staff Response -This condition has been met. Landscape plans meeting this condition were approved by the Community Development and Public Works Departments. 2. Prior to final plat approval, all plat landscaping improvements shall be completed, inspected, and approved by the Community Development Department, unless a financial guarantee is approved by the city for completion of the landscape improvements. Staff Response -This condition has been met. All required landscaping has been installed by the applicant and inspected by City staff Trees and vegetation within open space tracts were preserved during construction. 3. Design and construction of the project shall comply with all requirements and recommendations of the project geotechnical engineer. Staff Response -This condition has been met. The geotechnical report dated 5/18/2006 was reviewed. A geotechnical engineer was on site during construction to provide testing, direction, and field reports. The design maintained recommended separation from groundwater. 4. Prior to final plat approval, the final plat drawing shall dedicate all common open space in designated wetland buffer and open space tracts to be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the city. A note shall be included on the final plat map that the open space tract shall not be further subdivided; may not be developed with any buildings or other structures except as may be approved by the city for recreational purposes only for the benefit of the homeowners; and may not be used for financial gain. Staff Response -This condition has been met. Notes on sheet 5 of the final plat include language as required in this condition. 5. Prior to final plat approval, appropriate signage shall be installed to denote the boundary of the designated wetland buffer area: Tract B and open space Tract E. Staff Response-This condition has been met. Wetland buffer signs have been placed along the edge of the wetland buffer tract between Tracts B and E. 6. Prior to final plat approval, the applicant shall provide a paved trail connecting Soundview Drive to the sidewalk on the south side of SW 3141h Street. The 8-foot-wide paved trail with 2-foot gravel shoulders on each side shall be in a dedicated tract to be owned and maintained by the future homeowners' association. The plan for the trail connection shall be reviewed and approved by the Public Works Department in conjunction with engineering plan review. Staff Report To Land Use & Transportation Committee Soundview Manor Fin al Plat 38 Page 3 15-104753-00-SU/Doc . I.D. 70972 Staff Response -This condition has been met. A paved pedestrian trail has been constructed within Tract H, and will be owned and maintained by the future homeowners' association. The Public Works D epartment approved a minor r e vision to the trail, as it is co nnected to the sidewalk on the north side of SW 314'h Street rather than the south side of SW 314'" S1re et. This minor revis ion was s upported in order to reduce the grade of the trail and to reduce the amount and extent of land excavation required to construct the trail. 7. On the final plat map, Tracts A, C, D, and H shall be revised to provide details of any proposed retaining walls within these tracts . The retaining walls, if included in the plat construction, shall be owned and maintained by the future homeowners' association. Due to the proximity to SW Dash Point Road and the potential aesthetic impact from large untreated walls, retaining walls visible from SW Dash Point Road shall include, but are not limited to, the following design features : horizontal and vertical undulation, terracing with a minimum width of six feet between terraces to allow a safe area for maintenance; landscape screening; and wall texturing. Staff Response -This condition has been met. There are no retaining walls in Tracts A, C, D, or H Several rock retaining walls no taller than six feet in height have been approved and constructed on several individual lots, and all these rockery walls will be owned and maintained by the future individual lot owners. 8. If included in the final engineering design, details for retaining walls and rockeries on individual lots shall be provided. Retaining walls shall be harmonious with the residential use of the site and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation screening, and textural treatment to be designed by the applicant and approved by the Community Development Department. Staff Response-This condition has been met. Several rock retaining walls no taller than six feet in height have been approved and constructed on individual lots. Community Development staff reviewed the design of the walls and found the rock walls indicative of residential character. 9. If the City hasn't done so already, City engineering staff shall review the comment letter from Ting-I Lee, dated May 19, 2008, Ex 4, to ensure that his concerns have been adequately addressed and do not reveal any issues of noncompliance with City development standards. City engineering staff may require further design modifications and conditions as necessary to satisfy City standards. Staff Response -This condition has been met. The following bullet points provide a brief response of how each of the comments in Mr. Lee's letter have been addressed o The street connection to SW 314'" St was eliminated due to unusual topographic conditions. A s ide walk connec tion wa required for safe school access. o The internal road, 43•·<1 Place SW, was reviewed and approved by South King Fire and Rescue and City review staff It meets all City standards, including maximum of 15% slope. o Sta.ff is aware of the downstream erosion issue . It was closely monitored during construction, and the project did not impact any offsite areas. The completed project provides infiltration up to and including the 100-year storm, and is not anticipated to create additional impacts to any downstream property. o The wetlands on the west side of the plat originally received runoff primarily from Tract B (wetland buffer) and Tract E (Open Space). Drainage patterns in these tracts have not been altered In addition, a minor portion of lots 14-19 originally drained to the wetland. These lots have been graded so that runoff from yards and decks will flow toward the wetland, while the Staff Report To Land Use & Transportati on Committee Soundview Manor Final Plat 39 Page 4 15-10475 3-00-SU/Doc . l.D . 70972 roofs will be tightlined to the infiltration system, thus maintaining the wetland hydrology. The wetland report did not require additional measures to be taken. o All walls were kept to six feet tall or less. o The Storm.filter vault is a commonly-usedproprietary device that is allowed by current storm water regulations. The City will maintain the unit, as is common with other subdivisions. o Collision history over the last three years was reviewed and no fatalities were found. WSDOT reviewed and approved the road and channelization plans. o The project was closely monitored during construction. Staff did not receive complaints regarding dust and mud tracked onto the streets. Noise was addressed as necessary. o SW 314th St connection was not included on the approved preliminary plat, and therefore was not constructed, thus reducing the amount of clearing and heavy equipment operation in the area. Standard construction practices were followed. A geotechnical engineer was on site during construction and provided.field reports. V STATE ENVIRONMENTAL POLICY ACT (SEPA) The city issued a Mitigated Determination ofNonsignificance (MDNS) for the proposal on August 3, 2012. Based on goals and policies of the Federal Way Comprehensive Plan, the following conditions were incorporated into the MDNS document to minimize potential significant adverse impacts from the development. Conditions were satisfied per the staff responses following each condition. 1) Clearing, grading, wall, and utility line construction for the plat shall be limited to the months between April 30 and October 1 (known as the "dry season"). After final plat approval, these seasonal restrictions shall also apply to construction on individual lots. The Public Works Director may revise this restriction based on weather patterns and individual site considerations. Staff Response -This condition has been met. Erosion control was monitored and the seasonal restriction was observed during construction, and will continue to be observed during home construction. 2) Prior to clearing, the applicant shall retain the services of a certified ESC supervisor with experience in construction supervision/inspection and a background in geology, soils science, or agronomy who shall be responsible for erosion control throughout the project. Staff Response -This condition has been met. A certified ESC supervisor was provided who monitored onsite conditions. 3) Prior to engineering approval, the applicant shall demonstrate to the satisfaction of the city that the engineering plans have fully incorporated Critical Areas Special Provisions from the 2009 KCSWDM (section 5.D.3). Staff Response -This condition has been met. The applicant was required to restrict activity during the wet season and will continue to meet this requirement during home construction. No work was done within the wetland buffer. 4) The engineering plans shall include turbidity testing that shall be performed pursuant to section D.4.2-3 of the 2009 KCSWDM. Staff Response -This condition has been met. The stream was monitored. Stormwater was contained and treated on site. Staff Report To Land Use & Transportation Committee Sound view Manor Final Plat 40 Page 5 15-104753-00-SU/Doc. 1.0. 70972 5) The engineering plans shall include school access improvements as follows: a) Street lighting at the entrance to the development, and along the sidewalk to be installed on the south side of SW Dash Point Road, from the entrance of the development west to 44th Avenue SW. b) A paved walkway within a public right-of-way to be dedicated to the city and maintained by a homeowners' association through the east side of the development, including sufficient lighting along said path, to SW 3141h Street in the Twin Lakes neighborhood. Foliage on either side of the paved walkway shall allow for clear visibility to support student safety. Staff Response -This condition has been met. Streetlights were provided at the entrance, on the internal street, and along SW Dash Point Road. A lighted walkway was installed in Tract H between lots 2 and 3. VI DECISIONAL CRITERIA Pursuant to FWRC 18.40.050, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA determination have been met or financially guaranteed, and 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. Staff Response: This criterion has been met. The plat meets the RS 9. 6 zoning standards in effect at the time the application was determined to be complete. The lot sizes exceed the underlying minimum lot size requirement of 9,600 square feet for single family lots in the RS 9. 6 zone. Construction of the plat infrastructure is substantially complete and as provided in FWCC 20-135, performance and maintenance bonds are in place for the entire plat and off-site improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to school bus stops; provisions for open space; drainage system installation; water 5ystem installation; sewer system installation; and street improvements. Staff Report To Land Use & Transportation Committee Sound view Manor Final Plat 41 Page 6 15-104753-00-SU/Ooc. 1.D. 70972 The.final plat provides approximately 24.9 percent of the site as open space. The majority of the open space is conservation open space, and there is also a landscape buffer open space along the Dash Point Road frontage. The.final plat provides 1.48 percent of the site in usable open space (Tract H). The applicant has proposed to pay a fee-in-lieu of providing the remaining 8.52 percent of usable open space on site. In order to meet the FWRC required minimum 10 percent usable open space standards, prior to recording the plat, the applicant shall pay $30,416.00for the required open space fee-in-lieu in the amount of 8. 52 percent of the assessed land value of the gross land area. ($357,000 assessed value 18.52 percent= $30,416.00). 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has b~en met. All road and storm drainage improvements for Soundview Manor have been constructed and a maintenance bond is in effect. In addition, sewer lines have been installed and approved in a letter dated September 15, 2017, by Lake haven Water and Sewer District, and water lines have been approved by Tacoma Water District in a letter dated September 20, 2017. 6. That all taxes and assessments owing on the property being subdivided have been paid . Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Soundview Manor meets all platting requirements ofRCW 58.17.110 and FWRC 18.40.050. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed as allowed by FWRC 18.40.040. The project has been developed in conformance with Resolution 13-636, approving the Soundview Manor Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. VIII EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Reduced Copy (8Y:z x 11) Soundview Manor Final Plat Vicinity Map Resolution 13-636 Soundview Manor Preliminary Plat Approval Reduced Copy (8Y:z x I !).Approved Soundview Manor Preliminary Plat Proposed Resolution Approving the Soundview Manor Final Plat Staff Report To Land Use & Transportation Committee Soundview Manor Final Plat Page 7 15-104753-00-SU/Doc . I.D . 70972 42 SOUNDVIEW MANOR A PORTION OF THE NE 1/4 OF TNE IW 1/4 OP SECTION 11, TOWNSHIP 21 NOIITN, IIANGII I UIT OP T1ta WIU..AaTTI! •11m1AN CITY OF Pn>EIAL WAY, KINCJ COlatTY, WAININGITON LEGAL DESCRIPTION ttNl:CtL k nc 1i1CJ1t1>t u2 FtET c. n« soonct.1S1 OJ~TtR <l" I>( HC1JQ£\SI or.,~ r, w SCllI>fflU1 OU.iA'TtP r, SCCTIOM 11. TO'M&tP 11 lll(Jlt~ IUHCC J CA.St U . f: ~ «Mf1Y. ·-"" ~B.c,l;~=~:~~~·::,::J~~~.~~ ~~.S:~. l tMD SO,HM " u~ 'l!Ot ~ ~ W t or r ... Hon ltCWt; o:w'T lK '6T 8(10 rt:Il TIO(Of; NO cxci,1 '1tJi 1 P(MfOi ~',('rt'D T0 Ill. 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PO:>I.Sffl»I TilACf: ALL COH\f:TANCDi f1f LOTS 1M THtS Pl.Al lilllm C(Jrff.r.M A i\ JOINT Oi*OI~ INttRDT IN 1'11AC1' H raR '*'IER9111' AMO t.&MNT!HANI% P'#OSt'S.. 'TRACT H I! A PE.'Dtlm~ ACC:US DtACl rc»e PVaJC USA« Mm IS 10 W(MNN CIP(N fa.A.Ct H IMY NOT et ~ •111 NN 8l.fl.Oll4CS OR SwtUGlURtS... MAY N01 8£ '1.IA1lffil ~. AND lilAY N01 Bl" U!IED rOR rtfN-1~ GAltt CITY FILE NO. 15-104753-00-SU 11 10,IHI SF PLAT NOTES M.L ROOS" DRAINS NI:> ANY FOOn*1 DRAINS FOl't BUILDIN(;S DR R(TAIMINO WAU.$ 5HAU. &I[ 00,,N~ClED TO TH( Sflltl:t 'S'l'S1'DI. FOOTING °"_.,tts MAY ONI..Y Ii( ODNNE:ClED TO ftOCW" OftAINS AT A POINT l)Q!MrtSTJICMI cw 1"[ LOn' ROOr D01N$POUT5 .mo 1i1u,r BC 1ME La.EST P094T Of THE. roonttc: DRAIN TRAl'TIC IMPM:f fa tACH i.or w.u. K 4SSE$$U) m,snc; 1WP,1,C;;t ,u:s ~,.. • 8UIL.DINO POMI APPUCAUOM '1 i $$UtD f'CR EA~ U)l l#U» OO'tRAtD AS ~D av rtotAAL WAV Ql'f cooc. ~ PI.ACI: ,.4 7:9,.670 SOJAAC FtET, Cmt:Affl> l"OR P'Vf&.JC iltJQfl-Q(--W ... Y uPC)t M'tC't()HO 0, 1M$ l'l.At MC) '!TAnJTOAY 'WAM:A,t,V occo. Fl(tOROftC HUiUIOt ______ _ JO o. 05170 ~,~ .. IO" IIO 0 00 12'> 6-..J I -----< LEGEND • SET RE9AJII! AHO CAP 1.S J04:r.t LJttl.(.SS OlHtftWISE" l«)m, 0 rouNO PROPD.TY C()Mj[R A.!i MOltD IJ 5ET on Of rto(ltAL WAY SfANtwrt) "'""'"" ___ ., ADDRESSES I EXHll=IIT_A..z...... PAGE s OF __ --+ CESMY.INC S!iEET 5 OF 5 48 ra _ s - - ~o u n a v 1 e w Ma n o r P. r e l i m i n a r y Pl a t Fi l e 07 - 1 0 3 1 0 9 - S U ·/ 07 - 1 0 3 1 1 1 - S E ano,A Federal Way Parcels 11 2 1 0 3 - 9 0 6 0 & 112103-9119 \ \ RESOLUTION NO. 13-636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING SOUNDVIEW MANOR PRELIMINARY PLAT, FEDERAL WAY FILE NO. 07- 103109-00 SU. WHEREAS, the owner, Westbrook Investments LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Soundview Manor, and consisting of 9.01 acres into twenty one (21) single-family residential lots located on the south side of the 4400 block of SW Dash Point Road; and WHEREAS, on August 3, 2012, a final Environmental Mitigated Determination o/Nonsignificance (MDNS) was issued by the Director of Federal Way's Community and Economic Development Department pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C; RCW, and WHEREAS, the Fede~l Way Hearing Examiner.on January 30, 2013 and February 27, 2013, held a public hearing concerning Soundview Manor preliminary plat; and WHEREAS, following the conclusion of said hearing, on March 13, 2013, the Federal Way Hearing Examiner issued written Findings of Fact, Conclusions of Law and Recommendation containing findings and conclusions, and recommending approval of the Soundview Ma,ior preliminary plat subject to conditions set forth therein; and WHEREAS, on April 3, 2013, the applicant's agent CES NW Inc, submitted a letter requesting clarification of the Federal Way Hearing Examiner's Decision; and WHEREAS, on April 5, 2013, the Federal Way Hearing Examiner issued an Order on Clarification in response to the applicant agent's letter; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 18.35.180 of the Federal Way Revised Code to approve, deny, or modify a preliminary plat and/or its conditions; and EXHIRIT __ r;_ PAGE I OF l/ Resolution No. 13-636 Page I o/4 49 WHEREAS, on May 6, 2013, the City Council considered the record and the Hearing Examiner recommendation on Soundview Manor preliminary plat, pursuant to Title 18 of Federal Way Revised Code, Chapter 58.l 7 RCW, and all other applicable City codes. Now THEREFORE, TIIE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions of Law. I. The findings of fact and conclusions of law of the Hearing Examiner's March 13, 2013 Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner Findings of Fact and Conclusions of Law contained therein. as adopted by the City Council immediately above, Soundview Manor preliminary plat, Federal Way File No. 07-103109-00 SU, is hereby approved, subject to conditions as contained in the March 13, 2013 Findings of~~i~ ,,. __ , __ of Law and Recommendation of the Federal Way Hearing Examiner (Exhibit A). PAGE 2 Of L/ Resolution No. 13-636 Page2of4 50 Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 13-636 51 EXHl~IT_t_ _____ PAGE J OF Y Poge3of4 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IBIS 6TII DAY OF May, 2013. ATTEST: APPROVED As TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 04-26-2013 PASSED BY THE CITY COUNCIL: 05-06-2013 RESOLUTION No. 13-636 Resolution No. 13-636 CITY OF FEDERAL WAY ~fl? MAY0R,S PRIEST EXHJRIT _____ C_ PAGE Y OF ':/ Page4of4 52 53 Si l £ .l D & R f . S S ~ Y . a & D C M « tl l l l i e l " - M I D l r D 'O l , : t ) m. M . M C • ~ PA R C E i . IU & I I S n ~ M i rm » -• n 1 On E I I UE V S . O P E I __ ... m2 t 1 1 s a l 1 1 1 W . . ~ .c =: ·:: n - = - Pt O t ( i , ; Q t Q .. D : , SU R V E Y er 'f l . f f l : ' R1 4 8 " C e r . . ~ .. ~ JI O l H I S J I I I n C IU U W r . .. . '6 J n -~ - , u ~ .. . . .m ~ VE B l 1 C A L DA n J I I .: a ) . . i l K J I O t l ( J F t t O J & • Y BA S I S Of BE A R I N G S . . . fT K . - a 1 5 1 1 1 1 " - ' l f l " 11 1 1 1 ! . 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CITY OF FEIEIAL W~J1Zf1D RESOLUTION NO. __ A RESOLUTION of the City of Federal Way, Washington, approving the Soundview Manor Final Plat, Federal Way, Washington, File No. 15-104 7 53-00-SU. WHEREAS, on January 30, 2013 and February 27, 2013, the Federal Way Hearing Examiner conducted a public hearing on the Soundview Manor Preliminary Plat application resulting in the recommendation of the Federal Way Hearing Examiner, -dated March 13, 2013, and the Hearing Examiner issued an Order on Clarification dated April 5, 2013; and WHEREAS, the Soundview Manor Preliminary Plat, City of Federal Way File No. 07- 103109-00-SU, was approved subject to conditions on May 6, 2013, by Federal Way City Council Resolution No. 13-636, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, the applicant submitted the final plat application for Soundview Manor within the required 7-year completion time pursuant to RCW 58.17.140(3); and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 13-636; and WHEREAS, the City of Federal Way's Community Development Department and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Community Development Department Staff Report, dated November 6, 2017, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Soundview Manor Final Plat during its Res olution No . 17-__ Page 1 of 4 EXHl'.f:if'f E PAGE I OF_U/_ 54 meeting on November 6, 2017; and WHEREAS, the City Council reviewed and considered the application and staff report for the Soundview Manor Final Plat during the City Council's Meeting on November 21, 2017. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Soundview Manor Final Plat, City of Federal Way File No. 15-104753-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the staff report, dated November 6, 2017, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by city code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 13-636, dated May 6, 2013, have been satisfied, and/or satisfaction of the conditions have been Resolution No. 17-__ 55 Page2 o/4 Rev 6/17 EXHJRIT £ PAGE :2 OF y sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City Code 20-135. 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. Application ApprovaJ. Based upon the Findings and Conclusions contained in Section 1 above, the Soundview Manor Final Plat, City of Federal Way File No. 15-104753-00- SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legaJ instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 17-__ 56 Page 3 of 4 Rev 6/17 EXHIRIT E' PAGE 3 OF Y Secti on 6. Ratific ation. Any act consistent with the ~uthority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. 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 _______ , 20 . CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RY AN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL : RESOLUTION NO.: R esolu tion No . 17-__ 57 Page4 o/4 Rev 6/1 7 EXHl~IT E PAGE Y OF Y