Public Works Response to Request Waiver of Street Improvements, letter dated December 13, 2018Ctry OF
A�k 77, Federal Way
(7entered on Opportunity
December 13, 2018
Duncanson Company, Inc.
Attn: Harold Duncanson
145 SW 155th St, Suite 102
Seattle, WA 98166
RE. Permit #18-105305-00-SM, Mage Green Phase II, 217 SW 354th Court
Response to Request Waiver of Street Improvements
Dear Mr. Duncanson,
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway com
Jim Ferrell, Mayor
This letter responds to your request to waive the required street improvements along 1st Avenue South
and SW 356th Street, both of which abut the above -referenced property. Your request does indicate that
the owner is willing to dedicate property for additional City right of way.
After evaluating the existing conditions along the referenced street, review of Federal Way Revised Code
(FWRC) provisions (Sections 19.135.070 and 19.135.090), and direction provided by the City Council,
the Public Works Department hereby waives the requirement to construct the street improvements on both
1st Ave S and SW 356th St.
Federal Way Revised Code (FWRC) Section 19.135.070; Modifications of Improvements Along Property
Frontage, allows the Public Works Department to grant a request to modify, defer, or waive the required
street improvements only after consideration of four specific reasons. The reasons most applicable here
are contained in FWRC, Sections 19.135.070(1) "Improvements as required would not be harmonious
with existing street improvements."
1 st Ave S is classified as a Minor Arterial, corresponding to Street Section `C', which requires a 72-foot
paved roadway, 6-foot planter strips, 8-foot sidewalks and 3-foot utility strips in a 106-foot right of way
(53-foot %z-street ROW). Existing improvements along this project frontage consist of a 56-foot paved
roadway, 6.5-foot planter strip, and 8-foot sidewalk within a 42-foot (1/2-street) right of way.
The applicant shall dedicate 11-feet of property to the City for right-of-way along the 1 st Ave S frontage
and include the appropriate radius at the intersection with SW 356th St. This dedication of property will
allow for any future improvements to be constructed per the Type `C' standard listed above.
SW 356th St is classified as a Minor Arterial, corresponding to Street Section `G', which requires a 66-
foot paved roadway, 6-foot planter strips, 8-foot sidewalks and 3-foot utility strips in a 100-foot right of
way. Existing improvements along this project frontage consist of a 66-foot paved roadway, and 5.5-foot
sidewalk (no planter strip) within a 42-foot (1/2- street) right of way.
The applicant shall dedicate 8-feet of property to the City for right-of-way along the SW 356th St
frontage, and include appropriate radii at the intersections at both 1st Ave S and 2nd Ave SW. This
dedication of property will allow for any future improvements to be constructed per the Type `G' standard
listed above.
Dedications associated with this (Phase II project) shall occur prior to Final Building Permit sign -off
and/or Certificate of Occupancy of the first Building Permit issued under the Phase II approval.
Additionally, during our research of this request, it was found that the original Village Green (Phase I)
project was to have dedicated right of way along its frontage with 1st Ave S. According to records
researched, this dedication never occurred; therefore, as a condition of this Land Use Approval (18-
105293-UP), the owner will be required to dedicate this additional right of way. The additional dedication
will be 23-feet in width in order to meet the City's Type `C' right of way width, noted above.
Dedication of the right of way along I st Ave S, associated with the Phase I project, will need to occur
prior to the Phase II Land Use approval.
All dedications shall be through a Statutory Warranty Deed, recorded at King County at the owner's
expense. A Statutory Warranty Deed worksheet is enclosed. Please complete and return this form,
including all necessary exhibits and other information listed on that form, to the attention of the plan
reviewer listed below, so that the City can prepare the deed documents.
The conditions of this right-of-way modification will be applicable for a period of one year. If a Land Use
approval is not issued within the one year time period, this waiver will be void, and a new request for
modification shall be submitted.
If you have any questions or concerns, please contact Kevin Peterson, Engineering Plans Reviewer, at
(253) 835-2734.
Sincerely,
EJ Walsh, P.E.
Public Works Director
KP:mt
enc, Statutory Warranty Deed worksheet
cc: Powell Family Land Company, P.O. Box 98309, Des Moines, WA 98198
Becky Chapin, Senior Planner
Sarady Long, Sr. Transportation Planning Engineer
Project file (kp)
Day file
18-105305-00-sM
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