2010-05-18 HEX# 10-004 Exhibit R` CITY of
� Federal
January 14, 2009
C I TY F IALL-
Way
3:,325 8ih Avenues Sou[h
Mailing Address: PO Box 9718
Federal way. wA 98063.(3718
(2531 835 - 7000
%"Iliv ."tI l)neti�!,]i. _is •:Orrn
Mr. Harold Duncanson, P.E.
Duncanson Company, Inc.
145 SW 155"' Street, Suite 102
Seattle, WA 98166
RE: Permit No. 08-105172-00-SM; VILLAGE GREEN PHASE IT & III — Request for
Modification/Waiver of Street Improvements and Undergrounding of
Overhead Utilities
Dear Mr. Duncanson,
This letter responds to your request to waive the required street improvements, dedication of
property for additional right-of-way, and undergrounding of existing overhead utilities along SW
356th Street and 1" Avenue South, which abut the above -referenced property. After evaluating
the existing conditions along the referenced streets, review of Federal Way City Code (FWCC)
provisions (Sections 22-1477, 22-1496, and 16-47), and direction provided by the City Council,
the Public Works Department hereby waives the requirements for the street improvements and
undergrounding of overhead utilities. However, the City does require that the necessary right-
of-way be dedicated along both SW 356t' Street and lrt Avenue S.
Code section (FWCC) 22-1477; 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 reason most applicable
here is contained in FWCC Section 22-1477(1), "Improvements as required woui.! �.JL L-,e
harmonious with existing street improvements."
SW 356"' Street is classified as a Principal Arterial, corresponding to Federal Way Roadway
Section "C". This roadway section requires a 72-foot paved roadway, 6-foot planter Strip, 8-foot
sidewalk, and a 3-foot utility strip, all within a 106-foot right-of-way. Application of the required
street improvements would result in an improved street section that is not harmonious with
existing street improvements, which consists of a 66-foot roadway with 5.5' sidewalks, within
an 84-foot right-of-way.
Dedication of an 11-Foot wide strip of property adjacent to the existing edge of right-of-way is
required. The additional right-of-way dedication shall be recorded at the County prior to
issuance of Certificate of Occupancy of the first building constructed on Parcel D of the Village
Green Campus.
First Avenue South is classified as a Principal Arterial, corresponding to Federal Way Roadway
Section "I". This roadway section requires a 58-foot paved roadway, 6--foot planter strip, 8-foot
sidewalk, and a 3-foot utility strip, all within a 92-foot right-of-way. Application of the required
street improvements would result in an improved street section that is not harmonious with
PAGE �
ur
Mr_ Harold Duncanson, P.E_
Duncanson Company, Inc.
RE: Permit No. 08-105172-00-SM,- VILLAGE GREEN PHASE 11 & III
January 14, 2009
Page Two
existing street improvements, which consists of a 56-foot roadway with 5.5-foot sidewalks,
within an 84-foot right-of-way.
Dedication of a 4-Foot wide strip of property adjacent to the existing edge of right-of-way is
required. The additional right-of-way dedication shall be recorded at the County pnor try
issuance of Certificate of Occupancy of the first building constructed on Parcel D of the Village
Green Campus.
The 11-foot and 4-foot right-of-way dedication lines shall join with a 25-foot radius curve.
Consistent with the waiver to construct street improvements on both SW 356ffi Street and I'
Ave South, your request to waive the undergrounding of the existing overhead utilities is hereby
granted.
In response to your assertion (after right-of-way dedication for the King County Road
Improvement Project) that no further taking of land would be required for the OWs planned
improvements to SW 356`h Street. When the design of this road improvement project began,
the City had not yet incorporated. In fact, the City had not yet adopted its Comprehensive Plan
(first adopted in 1995), until sometime after completion of the SW 3561h project, and did not
adopt street cross-section standards until 1998, which was some time after the original land use
application submittal for the first phases of the Village Green project. Therefore, we fee; �`!at
the requirement to dedicate the additional right-of-way is authorized under current City Codes
and the Comprehensive Plan.
The conditions of this right-of-way modification will be applicable for a period of one year from
the date of this letter.. If a building permit is not issued within the one-year time limit, this
waiver will be void, and a new request for modification must be submitted.
If you have any questions, please contact Kevin Peterson, Engineering Plans Reviewer, at (253)
835-2734.
Sincerely,
4��' NQka_�
Ken Miller, P.E_
Deputy Public Works Director
KM/KP-.cb
cc: Deb Barker, Senior Planner
Sarady Long, Senior Transportation Planning Engineer
Project File / KP
Day File
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