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Home My WebLink AboutLUTC PKT 09-13-2004 I Çitý of Fedéral Way,;, . , , ' , . City Council' '" " Land Use/Transportation Committee September 13, 2004 6:00 pm .. , .. ,City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: August 16, 2004 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. B. C. D. Neighborhood Traffic Safety Project - SW 30Sth Street Danville Station Division II Final Plat Lakota Crest Preliminary Plat Local Adoption of State Building Code Action Action Action Action Perez/lO min ~ Barker/l0 min ~\," Harris/l0 min ~ Martin/3D mintJ) ~ s. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Jack Dovey, Chair Eric Faison Michael Park City Staff Kathy McOung, Director, Community Development 5erviœs Krystal Kelsey, Administrative Assistæt 253-835-2701 K:\COUNCIL\LUTC STAFFING - 2004\09-13-04 AGENDA.doc City of Federal Way City Council Land Use/Transportation Committee I City Hall I Council Chambers I August 16, 2004 5:30 p.m. MEETING MINUTES In attendance: Committee Members Jack Dovey, Chair, Eric Faison and Michael Park; ~-1ayor Dean McColgan, Deputy Mayor Llflda Kochmar, Council Member Jeanne Burbidge, Council Member Jim Ferrell; Public vVorks Director Cary Roe; Deputy City Attorney Ka~e:: Kirkpatrick; Community Development Services Director Kathy ~1cClung; City Traffic EncJineer Rick Perez, Senior Traffic Maryanne Zukowski; Street Systems ~1anager Marwan Salloum, and AdminIStrative Asslstallt I(rystal Kelsey, 1. CALL TO ORDER Chair Dovey called the meeting to order at 5: 33 pm, 2, APPROVAL OF MINUTES The summary minutes of the June 21, 2004, meeting was approved as presented. 3, PUBLIC COMMENT None, 4, BUSINESS ITEMS A. 2004 ASPHALT OVERLAY - PROJECT ACCEPTANCE - Mr, Salloum presented the staff report to the Committee and clarified that Schedules C & F were completed as part of the project. The Committee m/s/c to place the staff recommendation on the September 7, 2004 City Council Consent Agenda. B. REVISED SOUND TRANSIT TOD AGREEMENT - Mr. Moseley presented the staff report to the Committee. The Committee asked that the phrase "north end of the "be stricken from the first paragraph of the agreement on page 5 as It pertains to the project parking garage. COUNCIL REQUESTED REVISION ITEM 2 fA & B): Committee Member Park asked for clarification of the term "east" in describing the TOO property in item 2b; Mr. Moseley confirmed that the "east" lot accurately described the property In question, and that changes to the west TOD property were not altered by this amendment. COUNCIL REQUESTED REVISION ITEM J: Committee Member Faison asked if the grid road in the exhibit was used for illustrative purposes or if it was accurately portrayed. Mr. Moseley clarified that in part it was illustrative, but that the City owns 30 feet of the property. Deputy Mayor Kochmar asked for clarification of travel routes in the area; Mr. Moseley reviewed the routes for the Committee, Deputy Mayor Kochmar inquired about the type of development on the west track. Mr. Moseley described the development most likely as small scale, multi-story office space or mixed-use facility, with an estimated square footage of 10,000 sf. The City's Comprehensive Plan would allow approximately 12 - 14 stories. Deputy Mayor Kachmar asked about the lack of definitive language pertaining to lease options. Mr. Moseley guessed that the language was not definitive so that Sound Transit could reevaluate the terms and use of the facility at the end of the lease period. Deputy Mayor Kochmar inquired with reference to landscaping for the east TOO, Mr. Moseley stated that Sound Transit would provide the landscaping for the east TOO per Exhibit "0" of the agreement Committee Member Park asked about the cost to complete the 21st Avenue South Grid Road. Mr. Roe estimated the cost at $1.9 million dollars. Chair Dovey asked Mr. Moseley abo!Jt satisfying the terms of Transit Oriented Development under the agreement with Sound Transit. Mr. Moseley stated that the agreement is silent on the size of the development, but does dictate use and types of businesses required. Chair Dovey also asked if the City would have input on the development. Mr. Moseley answered that we would, however Sound Transit would be in the lead for the first half of the agreement. If Sound Transit fails to find a developer, then the City would be in the lead for the second half of the agreement. Chair Dovey asked Mr. Roe about the likelihood of finding funds (approximately $900,000) to complete the grid road at once, rather than separately. Mr. Roe answered that it would be difficult, but not impossible to find funding; however, Sound Transit has already begun the construction process. The City would be required to bid the project, and might have difficulty getting through the property acquisition process in order to coordinate with Sound Transit's work on the grid road. Committee Member Faison asked if it would be possible to get an update at the next meeting. Mr. Moseley and Mr. Roe agreed to have more information at the next meeting, including information about property acquisition to build a full road rather than a 3f4 road. Chair Dovey inquired about the large amount of fees that the City is waiving. Mr. Moseley inquired that the fees are not significant and are limited only to the 21st Avenue Grid Road and is a small way for the City to encourage TOO. Chair Dovey further asked about the traffic flow through 21st. Mr. Roe replied that the road is not a large volume collector - it is anticipated that it will be mainly used as a convenience route. The models do not suggest significant use: COUNCIL REOUESTED REVISION, ITEM 7: Council Member Ferrell inquired about the scope of security and financial responsibility. Mr. Moseley answered that Sound Transit is responsible for funding the security. Personnel are envisioned as part of the security measures. Council Member Ferrell inquired about Sound Transit's expectation of a ratified contract; could the City address this at the September 7 Council meeting instead of the special Council Meeting on August 24? Mr. Moseley responded that Sound Transit requested the signed agreement as soon as possible, and did not know if postponing the issue would be a fatal flaw. The Committee amended the recommendation to read: \\I move the proposed revised TOO Agreement to full City Council for placement on the August 24, 2004 City Council agenda, with a recommendation for approval and authorization for the City Manager to execute the Agreement as amended by the Committee to delete 'north end of the' on page 5, line 1." The Committee m/s/c to place the recommendation as amended on the August 24, 2004 Special City Council Consent Agenda. C. SCHOOL IMPACT FEE SCHEDULE UPDATE - Ms. Wang presented the staff report to the Committee. Ms. Wang reported that annually, the City reviews the School District's methods of calculation to ensure that it is in compliance with City Code. This year, one revision resulted from this process. Committee Member Faison asked if there are schools from the Federal Way School Districted located within Auburn's city limits. Ms. Wang answered there are no schools located in Auburn. However, there are schools from the Federal Way School District located within the city limits of Kent and Des Moines. Fees collected from development in Federal Way are spent on schools outside of Federal Way's city limits. Mr. Faison asked if there is a way the City could limit that practice. Ms. Kirkpatrick agreed to investigate the possibility of applying all school impact fees the City collects to schools that are strictly located within City limits. Committee Member Faison expressed that he felt it is only fair to limit the fees collected to the city that is collecting them. Committee Member Faison directed Ms. Kirkpatrick to research the issue. The Committee m/s/c to place the staff recommendation on the August 24, 2004 City Council Consent Agenda. D. CITY CENTER ACCESS STUDY BRIEFING - Mr. Dave Kaplan read a statement in opposition to the suggestion to videotape Stakeholder meetings and also in opposition to the appointment of a replacement Stakeholder Team member. Ms. Hope Elder stated that she is in opposition to videotaping the meetings, and does not believe Stakeholders should be allowed to appoint their own replacements. Ms. Dini Duclos thanked Maryanne Zukowski for her 'hard work and agreed with the previous two speakers regardirKJ videotaping and the appointment of replacements to the team. Ms. Zukowski presented her staff report to the Committee. Mr. Ferrell asked how the Stakeholder Team feels about videotaping the meetings. Ms. Zukowski replied that when polled, nine members responded to the survey. Six of those members were not opposed to the idea; three were adamantly opposed. A consensus was not reached on this issue. Deputy Mayor Kochmar asked Ms. Zukowski if funding is available in the current contract to cover videotaping. Ms. Zukowski answered that there is not. Chair Dovey asked Ms. Zukowski to confirm that if nothing is added, the project would stay on track and on budget. Ms. Zukowski confirmed that he was correct. G:\LUTC\LUTC Agendas and Summaries 2004\August 16. 2004 LUTC Minutes.doc Committee Member Faison agreed with Chair Dovey to keep looking at creative ways to reach the public. Committee Member Faison stated that although he doesn't personally have a strong opinion about videotaping, the Committee should defer to those who are strongly opposed. Mayor McColgan inquired about attendance at the meetings. Are the same individuals consistently coming or are different people coming each time. Has staff contacted team members? Ms. Zukowski replied that team members have been contacted by phone, e-mail, and traditional mail without response. Mayor McColgan suggested that those who fail to attend be asked one more time if they definitively would or would not like to continue serving as a stakeholder. If there is no reply, staff should assume that they do not wish to continue. Committee Member Faison suggested that the appointee in question should be considered a citizen participant but not a voting member of the Stakeholder Team. Committee Member Park inquired about the intended goal of the increased public outreach. Ms. Zukowski replied that the goal is to reach a majority of the citizens - not to add additional options. Council Member Ferrell asked how much of the original budget has been spent. Ms. Zukowski replied that she would need to run an expenditure report to provide an accurate figure. Council Member Ferrell asked if staff anticipated running under budget. Ms. Zukowski replied that the budget is very tight and that staff is working diligently to remain within the budget; she did not anticipate a surplus of funds at the end of this process. The Committee m/s/c to work within the original scope of work without a budget increase, to continue creative ways of reaching the public, to deny the request to videotape the stakeholder meetings, and to deny the suggestion to add the eliminated option back into the process. E. KING COUNTY TRANSPORTATION FUNDING PROPOSAL - Mr. Roe presented the staff report. Mr. Roe suggested that the City express an interest in the ballot, but that more information is needed prior to making a formal decision. Committee Member Faison agreed. Mayor McColgan asked Mr. Roe if a decision has been made already, or if King County is genuinely requesting input. Mr. Roe replied that the County seems genuinely interested in the opinions of local cities. To make the ballot, a decision must be reached by September 17. Committee Member Park asked how much the City of Federal Way would receive; Mr. Roe responded approximately $1.15 million. Chair Dovey stated that he was not in support of this ballot measure. Mr. Roe stated that no action or recommendation has been requested/made. Staff simply wanted the Land Use and Transportation Committee to be made aware of the status. There is question about the legality of the ballot and where the funds are headed. The City of Federal Way has an opportunity to impact these decision$ and is an important ally or opponent to this issue. The Committee thanked Mr. Roe for his presentation. Mr. Lawson Bronson addressed the Committee, stating that he felt it would be unwise for the City to pursue ths ballot measure. Also, in regards to the City Center Access Study, he felt that although he attended the meeting, he did receive feedback. Mr. Bronson further requested that the Committee consider asking for public comments after staff reports so that citizens might address points raised or clarified by staff. In summary, Mr. Bronson wanted to thank the City of Federal Way for an open government approach. F. LOCAL ADOPTION OF STATE IBUILDING CODE - This item was pulled from the agenda and will be presented at the next meeting. 5. FUTURE MEETING The next scheduled meeting is September 13, 2004. 6. ADJOURN The meeting adjourned at 7:50 p.m. G:\LUTC\LUTC Agendas and Summaries 2004\August 16. 2004 LUTC Minutes,doc ~ CITY OF .", ~ Federal Way DATE: September 13, 2004 FROM: Jack Dovey, Chair Land Use and Trans~rtation Committee Rick Perez, P.E., City Traffic Engineer (J11~ Raid Tirhi, P.E., Senipr Traffic Engineer " David H. ~nager Neighborhood Traffic Safety (NTS) Project - SW 30Sth Street TO: VIA: SUBJECT: BACKGROUND: Residents in the vicinity of SW 308th Street between First and Sixth Avenues SW have requested installation of traffic calming devices in the an~a based on concerns of high traffic speeds and cut-through traffic. Currently, adopted NTS installation criteria are based on a point system as follows: 0.5 0.3-0.5 0.1 500-1100 26-29 1.0 0.5-0.7 0.2 1101-1700 29.1-32 1.5 0.7-0.9 0.3 1701-2300 32.1-35 2.0 0.9-1.1 0.4 2301-2900 35.1-38 2.5 1.1-1.3 0.5 2901-3500 38.1-41 3.0 More than 1.3 More than 0.5 More than 3500 More than 41 * Note: Each fatal collision counts as two injury collisions Installation criteria are met if the severity score is equal to or greater than 3.0 points. A traffic study indicated that the subject location had no accidents reported in five years. The average daily traffic volume was documented at 1,153 vehicles per day; the 85th percentile speed was reported at 35.2 mph. The total severity score measures 3.0 points, which meets the minimum score to qualify for installation of traffic calming devices. On May 3, 2004 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might be effective in reducing speed within the neighborhood. Discussions were held between the neighborhood residents, Lake Grave School officials and Oty staff in an effort to mitigate the identified problems in the neighborhood. A consensus was reached to propose raising the existing two crosswalks in front of the school and installing one speed hump along SW 308 Street. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed speed hump locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: Traffic Calmin. Device A B C Total Ballots Sent 132 110 144 386 Ballots Returned 49 37% 42 38% 51 35% 142 37% Returned wlo Response 17 13 13 43 Yes Votes 23 72% 23 79% 26 68% 72 73% No Votes 9 28% 6 21% 12 32% 27 27% One of the installation criteria requires a 50% majority approval of the returned ballots. Based on the ballot results represented in the above table, all locations met the balloting criteria with a 73% average approval rate. On September 8, 2004 staff conducted a second neighborhood meeting to inform the residents about the balloting results and the remainder of the process. The estimated cost of this project is less than $10,000; there is adequate funding in the 2004 NTS Program budget to fund this project. RECOMMENDATION: Staff requests that the Committee place the following project recommendation on the September 21, 2004 City Council Consent Agenda: Approve the installation of one speed hump and two raised crosswalks along SW 308th Street between First and Sixth Avenues SW. . ,', ,,", APPROVAU~Of'COMMITTEE REPORT: ", , :""', ;:¡,:r', , ..'.. \.. ~~ ' :~f~ , :',:i,¡¡;'::;".,!:"; " :, :,:, , '¡!iii,: " ':;.' ..,;;:;' " " ,':,j,: ';, :',:, ',L.., ,:_:'-~._-_..-..-,--,---_..,-,-_._-_.._- -'---'.._------", -"-------jack..I?~.v,"è,y~"cìlai¡'-.-"'----' .,,',; Micha~1 Park, Member .'.. ""1 ' '. :, ' ',:..' " "'0 : Eric Faison~ Member:': : ",' , " " ....- .. ".,,~~~===~~~-,,==-""""'- ,-, cc: Project File Central File k:\lutc\2004\09-13-04, nls -Iakegrove-sw 304 st.doc 9m2004 ,.. ,~ CITY OF ~ Federal Way MEMO RAND UM DATE: September 3,2004 SUBJECT: Jack Dovey, Chair Land Useffransportation Committee Deb Barker, Associate Planner f)b David M~nager Danville Statio~ ~ Fin~ Plat Application Federal Way File #O4-101152-00-SU To: FROM: VIA: I. STAFF RECOMMENDATION Staff recommends that the Land Use/Transportation Committee forward to the City Council a recommendation approving the Danville Station Division II Final Plat Resolution. II. SUMMARY OF APPLICA TION/EXHIBITS This application requests final plat approval for Danville Station Division II, a subdivision of 44 single-family lots on 13.06 acres. The Federal Way City Council granted preliminary plat approval for the 44-10t residential subdivision on October 17,2000. The Danville Station Division II subdivision is located east of 21 sl Avenue SWat SW 346th Place and 18th Avenue SW. Zoning for the site at the time of application was and continues to be Residential Single-Family (RS 7.2). Pursuant to Federal Way City Code (FWCC) Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-136(b) are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the application is consistent with these criteria: The following exhibits are included with this memorandum: Exhibit A, Vicinity Map; Exhibit B, Final Plat Map; Exhibit C, Resolution; and Exhibit D, Staff Report (with attachments). III. REASON FOR COUNCIL ACTION The final decision for final plats rest with the City Council in accordance with FWCC Section 20- 136(b). Bringing this matter before the City Council Land Useffransportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. LandlUse Transportation Committee Danville Station II Final Plat Application September 3, 2004 Page I . '. IV. PROPOSED MOTION I move that the Land Useffransportation Committee forward to the City Council, and place on the September 21,2004, City Council consent agenda, a recommendation approving the Danville Station Division II Final Plat Resolution. COMMITTEE ACTION Eric Jack Dovey - Chair Michael Park LandlUse Transportation Committee Danville Station II Final Plat Application September 3, 2004 Page 2 PU GET SOU N 0 S.W. 320lh ST. ~ COMMENCEMENT BAY .AAA.A.AA.A..AA ^^^^^^^^ VICINITY MAP Not To Scale EXH I B IT .-A PAGELOF ---L- ~ CONSULTING eNi'~Ei~I~1 720 SouU1 348th Street Federal Way. WasNngtoo 98003 (253) 838-6t13 CM ----... Land ~ P.-oec< -- P\bIc W-.. ' Land "'"""'"" JOB NO. DRAWING NAME: DATE: DRAWN: 770-01-970 VICINITY 10-15-98 SLS 1.. DANVILLE STATION DIVISION No.2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP. 21 N., RGE. 3 E., W.M. City of Federal Way, King County, Washington ~ FEDERAl WAY DFPARTMENT OF PUBLIC WORKS ,"","ED 'NO "'RO""D ""S ------ O" Of -------------------- . lEGAL DESCRIP11ON ~ "'E SOUTH H'lF 0' "'E SOUT" HAlF Oc TH' 'O"" ''IF OF "" "R"'EAST OU""R o' THE SOu'HEAST OUARTER OF SECTION 2<, TOWNS<" " ""H. RANC' , EAST. "" IN "NC COUNTY. WAS<,"CTON EXCEPT "'E "'ST 205 'EET TH'RED'. TO"""R """ AN """'" 'OR INCR'SS. 'CRESS AND U"LI"ES. OVER. UNDER ANO 'CROSS "" NCRTH 30 FEET OF "" "'ST 205 F!ET OF "" SOUTH HAlF o' T« SOUTH H'LF OF THE NOR'" HAL' OF "'E NDR"'EAST QUARTER OF "'E SOUTHEAST OU"TER OF SA" SEC"ON 24, EXCEPT "'E "'ST 30 FEET Fe," ""0 AND EXCEPT "'AT PORnON CONVE""D TO THE CI'" OF 'mERAL W" FOR "'" PlACE SW BY OEEO "COROED UNOER RECOROING NU"BER 2003°"00007<5 \f.~R~f} H~:' OF "'E NORTH H'" OF THE SDU'" H'" OF THE NORTHEAST OU'RTER OF "'E SOU "'EAST QUARTER OF SECnON 2<, 'O,,"S<" " NORTH, RANCE' EAST. W", IN "NC COUNTY. WA,","CTON, EXCEPT "'E "'ST 'o FEET CONV""'D TO "NC CooNTY FOR R"O BY DEEO RECORDEO UN"R RECORO,NC NU"BER 8<"27 ANO EXCEPT "'AT POR"ON CONVE""D '0 TH' CITY Of FEDERAl W" 'OR "" AVENUE SOO'" BY OEED RECORDED UNDER R'CORDINC NU"BeR 2OD30"OOoo"'. ~ '"' EAST H'lF OF TH' NORTH H'lF OF TH' SOUT" <'" OC -H' NOR"'EAST OUARTER D' THE SOUTH"" DUARTER OF SEcnON 24. TOWNShiP" NOR;H. RANC' , EAST. "".. IN "NC COUNTY, WASH,"CTON ~ KNOW AlL PEDPLE BT THES' PRESE"S THAT WE. THE UN)ERSCNED O,""ERS 0' INTEREST '" THE lANO HEREBT SUBOI",ED, HEREBY DEClARE THIS ?CAT TO SE THE CRAPH" REPRESENTA"ON OF TH' SOBOl VISION "AD' «R(BY, AND 00 HEREBY DEDICATE TO "'E uSE 0' TH' PV'LlC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREDN AND DEOIC'TE "" USE THEREOF FOR AlL PUBLIC PURPOSES NOT INCON~ST[NT """ THE USE "'EREOF 'OR PUBLIC "ONWAY PURPOSES, <NO ALSO TH' RIGHT TO "AKE ALL NECESSARY SLOP" 'OR CUTS AND ,"-,S UPON "'E LOTS AND TR'CTS SHOWN TeEREON IN "" o"c..AL RE"ON"'LE GRAOING OF SAID STREETS AND 'VENUES, AND FUR"'ER DEOICATE TO "'E US< OF "'E PU'LiC ALL THE EASE"ENTS AND TRACTS SHOWN ON THIS PLAT FOR "L puaLic PURPoSES AS INOIC'TED THEREON, INCLUOINC 'UT "T LI"'TED TO PARKS, OPEN SPACE. U"U"ES AND DR"NA" UNLESS SUCH 'ASE"'NTS DR TR'CTS 'RE SPECIFlC'LLY IOE""FlED ON "'IS PLAT" BEING OEO<CATED "" CONVE""D TO , PERSON OR ENmy D"'ER THAN "'E PUBUC. IN WHICH C'S( '" DO HEREBY OErnCATE 'NO CONVEY SUCH STREETS. E""'ENTS. OR TR'CTS TO THE PERSON OR EN"TY "EN"FlED 'NO 'OR "'E PURPOSE STATED. FUR""', "" UNDER~ONED OWNERS OF TH' LAND HERERBT SUBOI~DED, WAil" AND RELE'" FOR "'E"S"""S. "'EIR HE"S AND ASSIONS AND ANY PERSON OR ENTITY DE""NC "TLE FRO" "'E UNOER~CNED, ANY AND "L Cl"'S 'OR DA"ADO:S ADAINST "'E OTY OF FEDERAl WAY, ITS SUCCESSORS AND AS~ONS WHICH "AY BE OCCASIONEO BY "'E DESlON, ESTABLI,""ENT, CONSTRUCTION, OPER'TlON. "'LURE '0 OPER'TE, "" "AiNTENANCE OF ROADS AND/OR """N'" SYSTE"S. 'LTE""ONS OF THE DRooND SURFACE, VEGETATION, DRAINADE OR SURFACE OR SUBSU,",'CE WATER FLoWS """N "'E SUBOI~SlDNS OR """'N ANY DRAIN'DE "" DETE""DN "OLmES D"ONED TO RECEIVE OR ACTUAlLY RECEI~ND DRAINAGE FRON "'E SUBOI~SIONS AND "'E CITY OF FEDER" WAy'S RE"EW AND "'PROV" OF PlANS AND PER"ITS 'OR SA"E D"'ER "'AN CLAI"S RESULTINC FRO" INAOEQUm "AiNTENANCE BY "'E CITY OF FEDER" WAY FUR"'ER, THE UNDERgONED OWNERS OF "'E LAND HERERBY SUBOI~DED, 'CREE "'" """SELVES. THEIR HEIRS 'HD AS~GNS TO INDE"NIFY, HOLO HAR"LESS, 'HD DEFEND "'E CITY OF FEDER" WAY, ITS SUCCESSORS AND ASSIGNS, "ON AND AGAINST ANY DA""', INCLUOING ANY COSTS OF DEFENSE. CLAI"ED BY PERSONS """'N OR """OUT THE SUBOI"'ONS TO H"'" BEEN C'USED BY "'E DESiON. ESTABLlSH"ENT. CONSTRUC"ON, OPERATION, FAIL""E TO OPE"TE, OR "AiNTENANCE OF ROADS AND/OR DRAINAGE SYSTE"S, "TERATIONS OF "'E GRooND SURFACE, VE"TAnON, DRAINAGE, OR SUR"CE OR SUBSURFACE WATER FLOWS """IN "'E SUBrn~SIONS OR """'N ANY OR"NAGE OR DETENTION FAc"m" DE~GNED TO RECEIVE OR 'CTU'LLY RECEI~NC DRAINAGE "0" "" SUBOI~SlDNS AND "'E CITY OF FEDERAl WAy'S RE~EW 'NO ",PROV" 0' PlANS AND PER"'TS 'OR S'"E. PRO~DEO, "'IS w"VER AND INOEUN",CATlDN Sl<ALL NOT" CONSTRUED AS RELEASIND "'E CITY 0' FEO£R" WAY, ITS SUCCESSORS DR AS$lONS, FRON LlABIUTY 'OR ""'DES, INCLUOING THE COST OF DEFENSE, RESU,"NC FROM AND TO "'E EXTENT OF "'E SOLE NEDLIDENCE OF "'E CITY OF FEDER" WAY. ITS SUCCESSORS, OR AS~ONS. "'IS SUBOI~SION, DEOICATION. RELEASE, INDE"NIFICATION OF CLAIMS. 'HD ACREE"ENT TO HOLO HAR"LESS IS UADE """ "'E FREE CONSENT AND IN 'CCOR"NCE """ THE DE$lRES OF SA" OWNERS IN, "'0 WHET/Jì.REO' '//'f!ïJ, ANOS ~/J'E'LS' _~-ML&/.ÆL/..<-_- SCHNEIDER HO"ES, In<.. A WASHINGTON CORPORATION n GERALO E. SCHNEIDER, PRESIDENT ~~ç¡¡:. "---~é___- :A:¡A~~I~~J". ~6'.P~-~- BYS'V, r. y~ /[¡Co'/t1I!Þ TITW 5tvrdJ4 ACKNOWLEDGMEI'ITS STATE OF WASHINCTON COUNTY OF _J<!lliL I CERTI'Y THAT I KNOW OR HAVE SATISFACTORY E~OENCE THAT -----_.9-'~-"-$~~QQ.EB______-- ~ONED THIS INSTRU"ENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXEcuTE THE INSTRU"ENT AND ACKNOWlEDGED IT AS THE _.I'.8",oolL OF ------_.CJ1!!i!Otß..IJQ!rI""'~""------- TO BE THE FREE 'NO VOLUNTARY ACT OF SUCH PARTY 'OR THE USES AND PU ES "EN"ONED IN THE INSTRu"ENT - ~~~~-- I'SI"}'ATURE) ¿, Nß b';v £a..tMc--_----- ~i'";'PPo~x'~:i~; J..d~----- ~i:,:¡TYOF ot~t~'gi'f' I CERTI'Y THAT I KNOW OR H'VE SATlSF'CTORY E~DENCE THAT -':,Lt;.i!~J:>-~--€t!A=--------- ~~~g.i~~G~~S;:~~E~'E ~g11~~ r¡,~ ~.:'~_=~'-~~i.tk":'~~:=.:U_~- "i~ '~,s'i'~E"~~~E '~~D VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPO S :.tEO IN THE INSTRU"ENT DATED1#.~J~__-------- ~. '.~ "¡' iÆ. .~ GNA E) u;¡;,í./ -j/'éCJf'ItJ'-r ñ,ü---------------- "Y AP~O~x'~¡~i .-5J¡~!s._------ NOTARYPU.lIC OTATE OF WASHINGTON JUANITA M. TERW>WGEA .,_""'_T~,- AECOADING CERTIFICATE RECOROING No. --------------------------------------- "LED FOR REGORO AT THE REOUEST 0' THE FEDERAL WAY CITY COUNCIL THIS -------- DAY OF -------------- , 20___- . AT ----- ",NUTES PAST ~-------". AND RECORDED IN VOLUME ------- OF PLATS, PAGES ---------- RECORDS OF KING COUNTY, W'SHINGTON. DI"'SION OF .FOOROS ,NO" 'OTIONS ----------------------- -- -------- ----------------------------- ----- MANAOER SUPERINTENDENT OF RECORDS FEDERAL WAY FILE No. 04-101152-00-SU i~ VOL"'" 20____- ¡;¡¡;¡:¡C;;¡;;¡¡¡S¡;¡¡¡ië¡õ-"-------- FEDERAl WAY DFPARTMENT OF COMMUNITY DEVELOPMeNT "'"INED AN' APPRO""D "'IS -- DAY OF --------------- , 20__---, DIREëiô;¡C;¡-c"""UNITY DEiELoP"ENT ---- FEDFRAI WAY CITY COUNCIL "'"INED AND APPROVED "'IS --- DAY OF ----------- . 20_" ;;;;¡o,------------- ,rn:së-mYCL"'----------- KING COUNTY DFPARTMENT OF ASSESSMENTS E""INED AND APPRO""D THIS ------ O" OF -----~------------- . 20___- ,,""Õ<¡¡¡¡Y'S"SESSÕR---------- õi;¡¡-~"cö¡',,"ii"-'SSESSÕR-------- 'CCOUNT NUN"R """-90", -9021. -90" KING COUNTY FlNANCF DIVlSION CERTIFICATe I HEREBY CERTIFT THAT ALL PROPERTY TAXES ARE PAl' '"AT ""RE 'RE NO DELiNOUE" SPECIAL ASSEss"ENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL "SESSMENTS CER""" TO ""S OF"CE FOR COLLECnON ON ANY 0' THE PROPERTY HEREIN CONTAINED DEOICATED AS STREETS, ALLEYS, OR FOR ANT DT<ER PUBLIC USE, 'RE PAlO IN 'ULL ""S --- DAY OF ----------- ' 20____- "ANÃÕi'~cciiÑ,T¡'NANCE D""'ÕÑ--- ,,;¡¡¡-y---------- ~ ,. CDNTROLLINC BOUNDARY DATA WAS OBTAINED BY ~RECT FlELO "EASURE"ENTS E"P""NC CONVENTIONAl TR'VERSE PROCEDURES USING , TOPCON "" "'EOODllTE """ INTEGRAL DISTANCE "EASURING "mo. ""0 WOR' BY D"P, INC IN 2002. AlL "EASURE"ENTS 'RE IN U.S. SURVEY FE" 2. PAOFlC NOR"""ST mli COMPANY FIRST '"'NDED PLAT CERTIFICATE. ORDER No, 493066, D'TED FEBRUARY 6. 2004, ANO SUPPLE"ENTAl REPORT" "'EREOF. DATED "ARCH " 2004, WERE RELiED UPON 'OR DISCLOSURE OF "'E ""S"NG 0' mLE OF "'E LAND CONPRISIND THIS SUBOI~SlON, ,,"IC< 'CCOROINC TO SAID PLAT CER""CATE IS SUBJECT TO "'E 'DL""'NG (AND D"'ER) SPEOAL mEPnONS. '. TER"S AND COND"ONS OF LlCENS( TO ENTER PROPERTY RECDRDED UNDER RECORDING NU"BER 2002022700"'" B. TER"S AND CONOITlDNS OF 'GREE"ENT RECORDED U"ER RECOROINC NU"BER 20"0202000736 AN' "OOIFIED BY '"END"EHT TO DEVELOPER "'EN$lON 'CR""E" RECORDED UNDER RECOROINC NU"BER 20040"'00"" NO WARRANTY IS HEREBY "ADE, EXPRESS OR '"PLIED. 'S TO "'E 'CGURACT AND/OR CO"PLmNESS OF SAID PLAT CER"FlCm , TR'VERSE CLOSURES 'OR "'IS SUB"~SlON mEED TeE REDvlRE"ENTS OF WAC 'J2-IJD-D9D ESTABLiSH"ENT OF LOT CORNERS IS BT RAOIAL SUR""Y PROCEDURE, "'TH INOEP'NOENT "'ASURE"ENTS , LOT C""NERS HAVE BEEN ST"ED "'TN ,/," X 2" CALVANIZED PIPE 'NO PLASTIC CAP "'R'ED -DMP INC PLS 22"" UNLESS OTHER"'SE INOICATED HEREON TR'CTS "," . T, lANDSC'PE BUFFER TR'CTS. 'RE HEREBY DEDICATED 'NO CONVE""O TO THE "N~LLE STATION . . .., ORGAN"'TlDN '"ALL BE RESPONSIBLE FOR "'E . G "'THIN SAlO TRACTS '"'LL BE PROHIBITED EXCEPT , EXIS""G LANDSCAPINC " APPROVED BY THE O. TR'CT 'B', , STOR" ORAINAGE TR'CT, IS HEREBY OEDIC'TED AND CONVEYED TO THE CITY OF FEDERAL W", ITS SUCCESSORS AND ASSICNS. " 7 TR'CTS "C" AND '0" ARE OPEN SP'CE TRACTS HEREBT DEOIC'TED AND CONVE""D TO THE "N~LLE ST,"ON COM"UNITY ORGAN","ON, "'ErR SUCCESSORS 'NO "~ONS. FOR OPEN SP'CE AND RECREATIONAL USE, SAID ORGANIZATION ,"AlL BE RESPONSIBLE "'" "'E ""NTENANCE "'EREOF RE"OVAL OR DISTURBANCE OF LANDSCAPING """'N SAID TR'CT '"'LL BE PR,,",BITED mEPT AS "AY BE NECESSARY"'" "'E "AiNTENANCE ANO REPlAN""D OF EXISTING LANOSCAPING " APPROVED BY "'E CITY OF FEDERAL WAT DEPAR""NT OF COMMUNITY DEVELOP"ENT TR'CTS "C" AND "0" "AT NOT BE 'UR"'ER SUBD<MDEO AND "AY NOT BE USED "'" FlNANCI" GAIN EASEMENT RESERVATiONS' 'N EASE"ENT IS HEREBT RES(RVED 'OR AND GRANTED TO PUCET SOUND ENERCT, DWEST CO""UNlC'"ONS INTERNAnONAL, INC.. LAKEH'VE U"UTY OISTRICT AND CO"C'" C'BLE CO""UNIC'TIONS, INC. UNDER AND UPON "'E EXTERIOR TEN FEET PARALLEL "'TH AND ADJ<>NING "'E STREET FRONTACE OF ALL LOTS AND ""CTS IN ,,"ICH TO INSTALL, CAT, CONSTRUCT. RENEw. OPERATE AND "AI",AlN UNDERORooND PIPE. CONDUIT. C'BLES AND "'RES "'TH NECESSARY "aLm" AND OTHER EQUIPUENT 'OR "'E PURPoSE OF SER"'NG "'IS SUBOI~SlON AND OTHER PROPERTY """ RElATED U"LI"" TOCE"'ER "'TH THE RlDHT TO ENTER UPON "'E LOTS AT 'LL ""ES 'OR "'E PURPOSES HEREIN ST'TED THESE E"E"ENTS ENTERED UPON 'OR "'Es( PURPOSES '"ALL BE RESTORED" NEAR'S POSSIBLE TO "'EIR ORICINAL CONOI"ON BY THE UTILITY. NO liNES OR "'RES 'OR SAID unLinES ,"'LL BE PlACED OR P,,"ITTED TO BE "'CED UPON ANT LOT UNLESS THE S'"E ,"ALL BE UNDERDROUND OR IN , CONDUIT ""CHED TO A BUILOINC PRIVATE" STORM DRAINANGE EASEMENT RESERVAT1ONI , PRIVATE DRAINADE EASEUENT IS ALSO HEREBY RESERVED 'OR AND GRANTED TO "'E OWNERS OF THE LOTS OF "'IS SUBD<~SION UNDER AND UPON SAJO EXTERIOR" 'EET 'OR "'E PURPOSE OF IN"~OUAL LOT STOR" DR"NACE - CONVEYANCE. SAID O,""EO5 ,"ALL BE EOUAlL Y RESPON~BLE 'OR THE "AiNTENANCE OF "'E STOR" DR"NAGE "c"mES . BENE""ND "'ElR LOT. LAND SURVEYOR'S CERTIFICATE' I HEREBY CER"" "'AT ""S "AT OF "N~LLE STA"ON DI~SION No 2, IS B'SED UPO< AN 'CTUAL 5URVEY AND SUBOI"~ON OF SEcnON 2<, TOWNSHIP" NOR"', RANO( , EAST. W".. THAT "'E COURSES AND DISTANCES 'RE '"0,"" CORRECT\. Y HEREON. "'AT "'E "ONU"ENTS H'VE B"N SET ANO "'E LOT AND BLOC' CORNERS H'VE BEEN STA"D CORRECTLY ON THE GROUND AND "'AT I H'VE FULLY CONPLIED "'TH THE PRO"SlONS OF "'E PlATTlNG REGUlATIONS P E. OR OW PLS.. CERTI"C'TE~22"'--- DALEY-" RROW-PDBLETE. INC. 726 'UBURN WAY NOR'" 'UBURN, W"HINDTON. .BDO2 (m) "'-22DO (",) "'-2206 SHEET 1 OF 4 DALEY-MORROW-POBLETE. INC, 726 AUBURN WAY NORTH AUBURN. WASHINGTON .BO02 PHONE' (253)33'-2200 ("')333-2206 ~ EN~N~~~ ~;~.1( " 'U< 04 EXHIBIT PAGE \ ~ .t) , . ~ Of &.f .,.,: VOL/PO. DANVILLE STATION DIVISION No.2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP, 21 N" AGE. 3 E" W,M. City of Federal Way, King County, Washington - - - - ........--""1:"2'-' ""'9,_262.<~ - - - - - - - - - ~,,;-,,~24;19 ð-05'5O'08' ""'3','00"",', R-224 00' VO"""pR 02 <... - ,ATION, DV'SION No, 1 L-22.8r ~ ~> . D"N'!'LL~vc'L 214/23-26 1'_- I -^ I \ 25 ~I;" \"!12i13114115) I \'6i171'BI19120121122~: ~ ~W 3451h PL NS3"37 3~ - - SHEET 3 OF 4 89'2T40'E 11019.9sc-----SEE SHEET 4 OF 4---- , 74.77' 'I, ,. I [,006"47'10" '0 ;;; ¡ R-3loq":':; N ~ 34 I 33 32 31 30 29 28 27 L-3,67 20 ;:; a"'7 19 w2m " wQ¿ " Z&1,c <5- ~ "Õ-' <"Ii [t 0 (t <{ > wo. ¡" ",' 8: ~f p :z: ~ ~ < ~ [t ~ I- , ~ ~ : ~ 9 : -0 \ :;:: ',------ SEE '" , '" oiD :;::' TRACT got) 37 ",I 'A'- ð¡:¡ ~1 I N8g3r55'EZ~ «: 5'00 I 15401' "'iñ[---- , 6 "¡:;:: :~:.~~ ~ : ~;~g¡!! iJ\ : ~I-~- ~ ~~~ ~i;il :;:: ~;5ðb ~I~g~ i ~~3~0~ ~ '1,30 , ¡~ ~ . ANE "'-- - ROSEL~F-/i6-2B ~- ~ \!OL, ,~- . ~¥J~c~:;:1{;¡' -= -=-:::-. ~~9(~ ~:;~Z~."w. - - - - - L------- - - - - - - -- .J. VOS"ED ""CH 02 - - SW ¿-47th PL. - -~; S/'. "'" D'S< ... W/PUNCH '" "" I ~-- BASIS OF BEARINGS' GRAPHIC SCALE ""'" M"'H 02 mE "NE """" ,~, MO"U',," COWED ^' 'HE 0 ',","'ECnON 0' "" '"' S ~'H S ,. """ PC '" "E p, ""'"<N' NE" '" ","RSEcnON 0" sw "'" PL ~TH "" "" S,IV ""'" N65'.,W,' "'E"""'L C;L~ i24-'/~,,~ - T : ì ! ~---~- 36 42 41 ~I 43 44 ,I ::, ¡¡ I TRACT '0' UNPLA TTED i ¡ ~~ I I MERI~AN' PER Pc" C, 'O"L" Lm, I 'OL "6/26-26 I SEE SHEET 3 OF 4 I 24 2:5 STONE MONUME'" NOT "~'" 'H" S",",T I 1 . I """ ¡~ - - - - - - - - ADDRESS TABLE LOT No, ADDRESS LOT No,l ADDRESS 1 1923 SW 346TH PL 24 ,1734 SW 346TH PL 2 1919 SW 346TH PL 2S 11740 SW 346TH PL 3 1913 SW 346TH PL 26 i ;:~~ 2 S:~;H46:~/~w 4 1909 SW 346TH Pc 5 1627 SW 346TH PL 27 1713 SW 345TH PL 6 1623 SW 346TH PL 34505 16TH AVE, SW 7 1617 SW 346TH PL 28 1721 SW 345TH'PL 6 1811 SW 346TH PL 29 1733 SW 345TH PL 9 1607 SW 346TH PL 30 1747 SW 345TH PL 34607 16TH AVE, SW 31 1753 SW 345TH PL 10 1735 SW 346TH PL 3Z 1763 SW 345TH PL 14606 '6TH AVE, SW 33 1784 SW 345 TH PL, 11 1731 SW 346TH PC 34 1769 SW 345TH PL 12 1725 Sw 346TH PC 34504 18TH AVE SW 13 1721 SW 346TH PL 35 1956 SW .\45TH PL 14 1717 SW 346TH PC 36 1971SW345THPL, 15 34522 16TH AVE Sw 37 '984 SW 345TH PL 16 34520 16TH AVE Sw 38 16ZZ SW 346TH PC 17 34516 16TH AVE SW 34513 16TH AVE, SW 18 34512 16TH AVE SW 39 1628 SW 346TH PL 19 34506 16TH "" SW 40 1834 SW 346TH Pc 20 34502 16TH AVE SW 41 '964 SW 346TH PC 1695 SW 345TH PL 42 1970 SW 346TH PC 21 1714 SW 346TH PC 43 '984 SW 346TH PL ZZ 1720 SOY 346TH PC 44 134444 21ST AVE, SW 23 1728 SOY 346TH DL NO" 'LL ADDRESSES SHOWN4RE PRElIMINARY ONcY AND SUBJECT TO CHANGE FEDERAL WAY FILE No, 04-101152-00-SU 35 TRACT 'B' :;:! CIJI 40 18 2 3 5 u. u. 00 6"' ... 7 t;j t;j W W I I (If (If W W \)i \)i TRACT 'C' 12 13 14 9 10 11 4 N89'4O'26'E 11274,35' UNPLA TTED SEE SHEET 4 OF 4 r-- '~I ~I - - - '7° I I ~ I I : <Ì: 24"19 - --I/'---->:c CO", """MEN< 25 - 30 NOI ""'EO ,«S S","'T S'"80""'ON " SEC 24, TWP, 21 N, RGE, 3 E, WM. 'E' "" CE 'OSEL" "NE 'OL "'6/26-26 - ("""I 1 '°," < .00 " """ -N~,"--~'------------- l,AKEHAVEN EASEME~ RESERVAllON <N E"EMEN' " HE"" """,C"" "'ER",O F"" ,"0 "'"TED TO """,",H UnL""' 0""'" FOR SO LONG'S" SH^Ci OWN ^', """'" INE onun" """"" ""ElN UNOER ,"0 UPON T"E "E' S"OWN ON 'HE PL" ,"0 OESCRlB" HEREIN AS -"", ",,"E"- ,"°/" -"w" E'SE"E'" 10 """L, "^,N"", REP"R, "PL"', ,"0 OOE"" wAT" ,"0 Stwf' ""NS ,"0 'Peu,""'NCES FO< T"" "SO'"S'ON ,"0 0"'" PROPER,., 'DCETHER ~'" 'HE RlGH' 10 ENIER UPON S^,O E"E"ENTS " '" n"" FI>< T"E PUPPOSE STAT" 'O ac,L"NG "'L 'OO<ERY, FENCL TRE<S DR STRUCru" 0' ,"T «NO "<>,, BE """, " PL'"TEO, 'DR SH'" <NT FOLL "ATER'" BE p"CED ~'H" '"' aOUNOAR"S '" S^,O E.""'HT "" NO '"mnON SH'LL BE M<DE ~"" mREE FEE> OF "'O ."", "" Stwf' SE'"CE ""","S ,"0 T"E Sue"CE LEVEL OF 'H' GROUND ~I"'N '"' E"E"Em "E' SH'" " """""EO AT ,HE ELE""'" " CO"ENTl' """G G"NTOR "omON"" GeANTS 10 '"E ,","TEE, "" uSt OF SUC" 'OD,nON" "'" '""WATE" "","" '0 S"O ""M'" "c< .S "<>,, " ,"u"" Fo' n<E CONs"ucn" RCOONSTRUCnON, ""NIEN"" '" oPE""ON 0' "" ..", OR ,,"', "C"""S "'E U" '" SUC" 'ODlnON" "E' ,"m RE "'LD 10 , ""O"OL" ""'"U" 'NO " "ru"EO TO T"E CONO"'O' E"5"" "'ME""'" acFORE mE PROPER" W>ô ENTE'E' ,,0>, ,. "'NTEE 0< "S 'CEHTS, " '00",," ro THE OTHER RE51R1CmNS "ERE', C",""'" S""L NO' CON",' TO A TH'" P"'" '" """'"' " Of"ER 'IG"T '" U"" '" "'E """"', ,~"" wOULD "",'R DR U"" '"' C",,(('S USE OF 'HE "SEMENT "" REFERENCES 1 "NG COONTY "S"SORS "AP OF SE ,,-,'-J , PAC"" NORTHwfST mu: COM"NY OF "'H"CICN, 'NO "PST ,MENOEO PL" CERn"CATE OROER NO "'066, "'EO '£BPU"Y 6, 20°', ,"0 SU?PLE"ENT","""'T N' "'(REOF "'ED "'eo" " 'OO, , P,," OF ROSELLA "NE, VOL "'/26-26 , FE"'" WAY BLA Ho, .L> 00->0<0" '" Np, 20010327900006 5 "'HINOooH STATE OEPm"ENT OF "ANSPO,"'M" - "HO COUNTY SUNORY "TE PL.ANS - FEOERAL w" "" & "DE ,or NO 2, ""0",0 "" 26, 19" 6 PL" OF "R<LAHE ESmES - "VO"ON 2, "OL "'/9-12 , PL." OF ""VOLLE STATION O'VO"ON No " VOL "'/"-26 SEE SHEET 1 OF 4 FOR ADDmONAL NOTES OALEY-MORROW-POBLETE, INC, 726 AU9URN WAY NORTH 'U9URN, W'SHINGTON 98002 PHONE (253)333-2200 (CA»33J-nOS p ~ SHEET 2 OF 4 ~~" ENGINEERING - SURVEYING '" ,i0oi LAND PLANNING 02>" ""OD' EXHIBIT PAGE 2- u. 0 t;j W J: (If W W (If ~ OF t"f J ~\r,) ~ ~'!\ ~) I i§ ,----TRACT 'A' I """'" 30'FE' \s" ,0'( 5 Sn'" I 0, , ! I, 'I '- I W Ii': DANVILLE STATION DIVISION No.2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP. 21 N., RGE. 3 E, W.M. City of Federal Way, King County, Washington VOL/PG. $ c~,,>\ ~"b~ o~":;\, ! -A710N: DIVISION No, 1 ¡ iSV~L' 214/23-26 I I '1-' ',2 I 14 16 ~-6 , 9 10 ,0 ,,'<I " ,,- 0-.1 ¿ --' ~NSl',"/2,S,'/2,"/2,"'/""" -.:; ¡ ~ - ~"-'/" 5(C H, '=-"~"- ~ - =-l.L - - - - -----=- --=-=- ~ -,' - 'B9""'O-",;-;ccõN><-!ËO 10 'nE ""ÕF ,,"(R" ." .r----- - ~ 7 SW 345th PL N89";i'~;~ ïå¿~5."'o'oo"5 ~ I ~ 26~0J.'_'!" - .2~5Q'_- _.§~5.9'- -" - -- - - - _,n8§- r- --- - - I / "" .,' 'C,"c U"I"'/~ ~:~~'ÕÕ"~I I v ,'f ~ ;~~'~:ESE~:';'~~A~~S~:J;~6~; L=39,61' "" "" " ": ô o' Ò-5,""OF. ¡:: ~ 35 ¡:; ~ ~:? ',233 SF' ~ :? 0 0 z z "' '" ¡:3~ ~~ 3 - g ~ 67,05' Z \; 43,34' :(j 26,52' 'f '0- 37 ;::~ 36 ',20' S,'. ~:? ;,2" S" z : ::,34 , w I - ;?i ,;:; I TRACT 'B' STORM ""''O' SEE 'O'£ 5 S,En , OF , if'. Ice ,~ ,,89"40'27"[ '98,04' 71 00' 5 '- 7100' 72. 76' -" ,-,,' 510R" ;<: O"'N ES., 6650' 6650' 70,00' 70 DO' "89'40'27"[ N89'40'27"[ .~ 26 41 ',m SF" SlN,N'!2,S'!',NE'/',"'/', 5(C,2','-2'N,'-",". N89"40'26'E 1274,35' '0 SE PlA' CORN(R- UNPLA rrt:D GRAPHIC SCALE 50 ,0 ¡", -.. " 50 ïO ...... "N,m) , Ie," . 50 " LEGEND Elr ~ @ 'OUNO M"UM'N' IN CASE " , \ \ \ ST",T ""O" 11"1""1 I 2' 2' , \ :':'è. è.l":: " \ \ § ~ ;r;'~;"E':.;ÍJr'% ~WE'..,f~fE:,'s~1vA "ON , c~ Sn,,'2er, ,,-.!!:::--,/ METER EASEMENT DETAIL SCALE '-'5' SE1 "O'o"EN, IN '^" 5OREW "0 "'55 "ASN" -O"" INC 'IS 22"2- IN CONcerT' IN 2- " 2" GALVANIZED iRON PiPE CURVE TABLE CURVE DELTA I LENGll-I RADIUS C2 68'33'33" 2991' 25,00' C3 02"49'56" 865' 175,00' C9 66'25'19" 2898' 25,00' C>O 53"07"8"' 23'8' 2500' 2' BY 2' "CcUS"" .^", ."" EASEMENT SEE ""ER "".ENT DETAIL '''is SHm LEn 'O; ceRNERS sn AS OESCPi'" " NOTE' S",H , er , SEE SHEETS 1 AND 2 OF 4 FOR ADDITIONAL NOTES DALEY-MORROW-POBLETE, INC, 726 AuaURN WAY NORTH AUBURN, WASHINGTON 9BOO2 PHONE (2")030-2200 (",')O3D-2206 ~ ~ FEDERAL WAY FILE No. 04-101152-00-SU SHEET 3 OF 4 ~,n ~" ,ENG>NEERING - SURVEYING '" '"' LAND PLANNING "", 'D "G 0' EXHIBit ~ PAGE }Þ .OF -L DANVILLE STATION DIVISION No.2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP. 21 N., RGE. 3 E, W,M. City of Federal Way, King County, Washington t] , " 0 A" v, It_uE f;;~~ '-~~:/, g'~'i~' ON i NO-' II i 't 25 . ~,,' :' V, '6 :-' 06;79:20:21 '22 23124 i^..c~ 1 'N'. 5""'/2,5'/2"'/2_"'/"-..."~ 1 "200W, L~~ð'Oõ4T10' - - ---.l..- - - - ~ - - - - - ~'~EC~',.:-~ - ---=- ~ - ~'<9'~'H,'72 ,"oRa3?,OO' - - -----+---- - - 1'- ,- - - - - -,""",,"' "'-56' "",,.,",,1'0 '"E, CI" DC lED"" w" ,t I' 3900" '32'E ~~La3,6T I '. SW 345th PL '" REe No '°°"530000"5 ~ C1 N83"37 N- - i ì N8nT40'E 1019,9 " 1 77' õ, / ' 39,22'** 63,29' 6322' ** 6315' _'§10J?'__"-§.J~OQ'----~"QO':'_'*]!L~'- ---' -, ~?4", -- ,:~I £~;6-:43" ------------ ------ 6~90'41'48~" I / "f:fiiE,24 "' > '_L/ L"~25 00' I R=2500':::"¡ 6-86'54"'8" - . 1,"'L=39,03' ','< , , ,'< ?- ,0'<1, '< ?- ,'< L,,=39'57' ¡ " '" 1 ," ::i ,I.. R: 2500'¿ 20 ::::, c: ("oJ '" " 0 ¡:¡ "' N " "0 ;.-, ¡:¡ c, ¡:¡ ¡... , i ~ N' L=3792' 8,"° 5" 'L~z- "'-' 34 ~::; 33 ~ ~ 32 ~ ~ 31 ~I:; 30 ; ':: 29 'Ò;::; 28 );;: 27 ,~ I:~;' N89'50'32"W :' Q ,"",ms-"":::"""""':::',20"'"O '202SI-0;:::7,20IS"-_7,005-.D;::7,20851rD;::7,20'5,,1, IS"* '15,00' ;;_C1~ <üI =! §! ~;::- "§! ~-- --0 0 ~O;~~~=,: 19 ,'N-', ~ ,> 00 0-7,S' 7 0-308' 6300' Z 6300' Z 634" ,'" ~~.t::"~o.,'I":~_~7'U;O"~;' g,:, 7,'°' 5Ir .~ '~:"-N' ,o,~,_,^~i'- ;~o8'~' ,~.. ~o~- ~, ~ H ~::' = = .' :' ;:: - ~ N5~33;2;GC '16i~:~CE "3i.~J~O'E N8i,1?~~"E ! 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ENGJNEERING - SURVEYlNG '" "'" LAND PLANNING 0212' ,,,"co, ~ ð EXHIBIT 2> P AGE -Lo FUL- l . . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF DANVILLE STATION DIVISION II, FEDERAL WAY, WASHINGTON, FILE NO. 04-101152-00-SU WHEREAS, the preliminary plat for Danville Station Division II (formerly Keller Preliminary plat), City of Federal Way File No. 04-101152-00-SU, was approved subject to conditions on October 17,2000, by Federal Way Resolution No. 00-324; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 00-324 and in the September 12,2000, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant submitted the application for final plat for Danville Station Division II within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the September 3,2004, Staff Report; and WHEREAS, the City Council Land Useffransportation Committee considered the application for the Danville Station Division II final plat at its September 13, 2004, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat for Danville Station Division II during the Council's September 21, 2004, meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Danville Station Division II, City of Federal Way File No. 04-101 152-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning Res. # . Page 1 EXHIBIT C, PAGE , OF ~ ordinances or other land use c<i>ntrols 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 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, play grounds, and schools and school grounds as are required by City Code, or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only 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 the Federal Way Resolution No. 00-324 and the conditions listed in the September 12,2000, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the September 3,2004, 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 Approval. Based upon the Findings and Conclusions contained in Section 1 above, the final plat of Danville Station Division II, City of Federal Way File No. 04-101152-00-SU, is approved subject to satisfaction of compliance with plat conditions and conditions required by the Public Works Director as identified in the Staff Report and as required by applicable codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the Res. # , Page 2 EXHIBIT C, PAGE ~ OF ~ King County Department of Records. The applicant shall pay all recording fees. Section 4. Severability. Ifany section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ,2004. City of Federal Way Mayor, Dean McColgan Attest: City Clerk, N. Christine Green, CMC Approved as to Fonn: City Attorney, Patricia A. Richardson FILED WIlli THE CITY CLERIC PASSED BY THE CITY COUNCIL: RESOLUTION No: Res. # . Page 3 EXHIBIT C PAGE ~. OF ~ ~ CITY OF ." ~ F~deral Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval I. DANVILLE STATION DIVISION II FINAL PLAT Formerly Keller Plat Federal Way File No. 04-101152-00-SU RECOMMENDATION, City of Federal Way staff has reviewed the final plat of Danville Station Division II (formerly Keller Preliminary Plat) for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. INTRODUCTION Date: Request: Description: Owner: Engineer: September 3,2004 Request for final plat approval for Danville Station Division II. Danville Station Division II Subdivision is a proposed subdivision of 44 single- family lots on a 13.061-acre site. Access to Danville Station Division II Subdivision is via 21st Avenue SW from the west, 18th Avenue SW from the north and south, and SW 345th Place from the east. All required roads, sidewalks, storm drainage facilities, sewer lines, and water lines have been constructed in accordance with preliminary plat approval granted by the City Council on October 7, 2000, or financially guaranteed in accordance with the Federal Way City Code (FWCC). Schneider Homes, 206-248-2471 Attn: Dennis Alfredson, PE 6510 Southcenter Blvd Tukwila, W A 98188 Sean Reinicke, 253-333-2200 DMP, Inc. 726 Aubmrn Way North Auburn, fN A 98002 I The size of the Keller preliminary plat was listed at 14.03 acres. However, with the dedication of both right-of-way on 21st Avenue SW and tract B storm drain8.$e tract completed with the recording of Danville Station Division I, the ultimate size of DanviIle Station Division II is reduced to 13.06 acres. EXHIBIT Þ PAGE I OF ~ Location: SE V4 Section 24 Township 21 North, Range 03 East, W.M, Federal Way, King County (see Exhibit A - Vicinity Map) Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire Dept: Federal Way Fire Department School Dist: Federal Way School District Prepared By: Deb Barker, Associate Planner III. HISTORY AND BACKGROUND The Danville Station Division II Subdivision is a proposed subdivision of 44 single-family lots on 13.06 acres (Exhibit B - Final Plat Map). The Keller Subdivision Preliminary Plat (Exhibit c- Preliminary Plat Map) was granted approval by the Federal Way City Council on October 17,2000, per Resolution 00-324 (Exhibit D - Preliminary Plat Resolutiön). Zoning for the site is RS 7.2, with a minimum lot size of 7,200 square feet. Lot sizes on the final plat range from 7,200 square feet to 15,724 square feet, with the average size being approximately 8,171 square feet. The developer applied for final plat approval on March 29, 2004. Improvements installed under Engineering Application Number 00-1O6039-00-EN are now substantially complete or bonded. The final plat application was determined complete on August 6, 2004. Pursuant to RCW 58.17.110 and FWCC Section 20-136, the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if 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) if all taxes and assessments owing on the property have been paid; and 4) if all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the final plat of Danville Station Division II Subdivision for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met. A proposed resolution ofthe City of Federal Way, Washington, to approve the final plat Danville Station Division II Subdivision is enclosed (Exhibit E - Draft Resolution of Final Plat Approval). IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval in the same order referenced in Federal Way City Council Resolution 00-324. Required improvements have been completed as allowed by FWCC Section 20-135. The applicant has provided a written response to the Examiner's conditions (Exhibit F - Response to Hearing Examiner Conditions). Final Plat Staff Report Danville Station Division II 04-101152-O0-SU I Doc,,D. 28212 Page 2 Hearing Examiner Condi~ions of Approval Related to Final Plat Application 1. Prior to issuance of construction permits, a landscape plan prepared by a licensed landscape architect shall be submitted to the City for approval, and shall include the following elements: a. Required ten-foot Type III arterial street landscape buffer along the 2151 Avenue SW frontage. Staff Response: This condition has been met. The landscape plan depicting Tracts A and C was approved by the Department of Community Development Services in conjunction with review and approval of the engineering plans. Tracts A and C provide a vegetative buffer from the 2151 A venue SW arterial. Tract A contains trees, shrubs, and groundcover in conformance with FWCC Section 20-178. Tract C contains shrubs and ground cover; trees were eliminated due to the proximity of the BPA easement. The vegetation has been planted, inspected, and approved. Provisions for ownership and maintenance are identified in note #5 of page I of 4 of the final plat document. b. Open space area landscaping. Staff Response: This condition is met. The landscape plan depicted shrubs and grass in the Tract D open space tract. The vegetation has been planted, inspected and approved. Provisions for ownership and maintenance are identified in note #7 of page 1 of 4 of the final plat document. c. Street trees in planter strips inside plat boundaries along the 2151 Avenue SW frontage. Staff Response: This condition has been met. A landscape plan depicting right-of-way landscape planter strips was approved by the Public Works Department in conjunction with review and approval of the engineering plans. The street trees have been planted, inspected, and approved. d. Significant tree replacement plan. Staff Response: This condition has been met. A tree preservation plan (in the form of a clearing and grading limits plan) consistent with the preliminary plat approval was approved by the Department of Community Development Services in conjunction with review and approval of the engineering plans. According to the preliminary plat application, there were 86 significant trees identified on the subject site; 25 of the significant trees were removed during infrastructure and utility construction. Prior to approval, eight replacement trees were to be installed. The landscape plan depicts two fir trees planted at the rear of lots 38, 39, and 40, and two fir trees at the east side of lot 35. The eight ten-foot tall Douglas Fir trees have been planted, inspected, and approved. e. Visual screening ofthe storm water infiltration tract from the right-of-way with landscaping an&or fencing. Staff Response: This condition has been met. A landscape plan for visual screening of Tract B was approved by the Department of Community Development Services in conjunction with review and approval of engineering plans. The perimeter of Tract B has Final Plat Staff Report Danville Station Division II 04-101 I 52-00-SU / Doc, I.D 28212 Page 3 been planted with trees and shrubs; the vegetation has been inspected and approved. In addition, a four-foot tall chain link fence has been installed. 2. Prior to final plat approval, the existing structures on Lots 42,43, and 44 must be removed or relocated to conform to building setbacks requirements as established by the FWCC, or lot lines must be adjusted accordingly. Staff Response: This condition has been met. Structures on lots 42 and 43 have been removed from the subject site. The existing house and garage on lot 44 has been retained. The lot lines have been adjusted to accommodate this structure, and required setbacks maintained. 3. Prior to issuance of construction permits, the applicant shall submit an easement for the temporary cul-de-sac at the western terminus of SW 345111 Place located on Lots 35 and 36 for the review and approval of the Public Works Director. The approved easement shall be noted on the face of the plat and recorded by the applicant. The easement shall include provisions for extinguishment of the easement when SW 345th Place is extended. Staff Response: This condition is no longer applicable to the plat. The applicant revised the plat to eliminate the need for a cul-de-sac extension on SW 345th Place. The lots that required access off the cul-de-sac in the preliminary plat design now gain access off the main roadway on SW 345th Place. 4. Prior to issuance of construction permits, a note shall be added to the face of the plat that required setbacks for structures or improvements on Lots 35 and 36 shall be measured from the edge of the recorded easement for the temporary cul-de-sac at the terminus of SW 345th Place until such time as the easement is extinguished. Staff Response: This condition is no longer applicable to the plat. As the roadway configuration has been revised, the easement is no longer required for the revised plat. 5. Prior to issuance of construction permits, the applicant shall revise the plat to locate a future permanent cul-de-sac bulb at the terminus of SW 346111 Place at the intersection with 21 st Avenue SW within a separate tract. The applicant shall label the future permanent cul-de-sac bulb tract as "Tract X." Tract X shall include the entire portion of the future permanent cul-de- sac bulb outside of the required SO-foot SW 346111 right-of-way that is required for the cul-de- sac to meet City street improvements standards. Tract X shall be dedicated to the City of Federal Way at such future time that SW 3451h Place is extended to 2151 Avenue SW, or at such future time that the City deems necessary for the construction of the permanent cul-de-sac and requests dedication. A note shall be added to the face of the plat indicating the purpose, dedication requirement, and dedication timing of Tract X. Staff Response: This condition will be met with the recording of the final plat. The applicant requested to complete the dedication of the tract along with the recording ofthe final plat. City staff concurred. The statutory warranty deed has been prepared and will be recorded with the final plat. 6. Prior to final plat approval, the applicant shall provide a financial guarantee in a form and substance acceptable to the City to guarantee the following: 04-101152-O0-SU / Doc,J.D, 28212 Page 4 Final Plat Staff Report Danville Station Division II 7. 8. 9. a. Design and construction of the permanent cul-de-sac at the intersection of SW 346th Place and 21 sl Avenue SW, including all improvements required for the cul-de-sac to meet City street improvements standards; Design and removal of the improvements within the to-be-closed intersection of SW 3461h Place and 21s1 Avenue SW; Design and construction of all frontage improvements on 2151 A venue S W in the area of the to-be-closed intersection required to meet City street improvements standards; Restoration of any disturbed areas outside the permanent cul-de-sac, including Open Space Tract B and Lots 42, 43, and 44; Design and removal of the temporary cul-de-sac at the western terminus of SW 345th Place at the property line of tax lot 2421039085; Design and construction of all frontage improvements required to meet City street improvements standards for the frontages of Lots 35 and 36 on SW 345th Place; Restoration of any disturbed areas on Lots 35 and 36 resulting from the removal of the temporary cul-de-sac and the construction of required frontage improvements; and, Design and construction of half-street improvements for the extension of SW 3451h Place to the shared property line with tax lot 2421039085. b. c. d. e. f. g. h. The form and substance ofthe financial guarantee shall be based on implementation of the above projects in ten years, and current cost estimates for the above projects shall be inflated by a factor of3.5 percent, compounded annually for the ten year period. Staff Response: This condition has been met. The applicant has provided a perfonnance/maintenance bond for the improvements listed above. Prior to issuance of construction permits, the applicant shall revise the plat to correctly label SW 346th Street to the west of21s1 Avenue SW, which is currently incorrectly labeled as "SW 3451~ Street." Street names shall be added for 16th Avenue SW. Staff Response: This condition has been met. The plat streets have been correctly labeled on the plat map. Prior to issuance of construction penn its, the applicant shall submit design and construction plans for a speed hul11!p on SW 345th Place, for the review and approval of the Public Works Director. The speed hump shall be designed and located to discourage potential cut-through traffic into adjoining neighborhoods. Staff Response: This condition has been met. The speed hump was installed in conjunction with Danville Station Division I. Prior to issuance of construction penn its, the applicant shall submit design and construction plans for a raised pedestrian crosswalk at the regional BP A trail crossing on SW 3441h Place, for the review and approval of the Public Works Director. Staff Response: Thi$ condition has been met. The raised pedestrian crosswalk was installed in conjunction with Dan~ille Station Division I. 10. Prior to issuance of construction permits, the applicant shall submit design and construction plans for street lighting at the intersections of SW 345th Place with 15th Place SW, in the vicinity ofthe Parklane Estates neighborhood, for the review and approval of the Public Works Final Plat Staff Report Danville Station Division II 04-1 01 1 52-O0-SU / Doc.I.D, 28212 Page 5 Director. The street lighting shall be designed and located to enhance overall pedestrian and vehicular safety by increasing visibility. Staff Response: This condition has been met. The required lighting was installed under Danville Station Division I. 11. Prior to issuance of construction permits, the applicant shall submit design and construction plans for raised pavement markers along the roadway centerline in the vicinity ofSW 346th Place and 16th Avenue SW, for the review and approval ofthe Public Works Director. The raised pavement markers shall be located in areas where there is the potential for vehicular traffic to "drift" across the centerline while traversing curves in the roadway. Staff Response: This condition is considered to be met as bonding is in place. Approved engineering plans depicted the required raised pavement markers along the roadway centerline ofSW 346th Place and 16th Avenue SW consistent with this condition of approval. However, due to settling and continued construction traffic, the final lift of asphalt and other associated improvements have been bonded and will be installed after 80 percent build-out of the homes, or within two years of final plat approval, whichever is less. The raised markers will be installed in conjuJ:).ction with the final lift of asphalt for the plat. The applicant has provided separate financial guarantee assuring the completion of this work. 12. The final plat drawing must establish the required open space areas and arterial street landscape buffers along the 21 5t Avenue SW frontage, in separate tracts to be owned in common and maintained by property owners of the residential subdivision, and prohibiting removal or disturbance of landscaping within the tracts, except as necessary for maintenance or replacemént of existing plantings and as approved by the City. The open space and arterial street landscape buffers along the 21 5t Avenue SW frontage shall be maintained in a condition consistent with the approved landscape plan pursuant to Recommended Condition No.1, above. Staff Response: This condition has been met. The final plat drawing depicts Tracts C and D as open space tracts and depicts Tracts A and B as landscape buffers adjacent to 21 5t Avenue SW. Notes 5 and 7 on Sheet 1 of 4 of the final plat identifies ownership and maintenance obligations of the open space tracts and of the landscape buffers. Tract D contains a children's play area and sports court. An eight-foot wide paved path running through Tracts C and D provide usable open space. This also provides a neighborhood pedestrian level connection between 21 5t Avenue SW to Tract D of Parklane Estates Division 2. 13. Stormwater conveyance, water quality, and infiltration facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. Staff Response: This condition has been met. Stormwater conveyance, water quality, and infiltration facilities used to control stormwater runoff from Danville Station Division I and II are located within Tract B, a storm drainage tract, which will be dedicated and conveyed to the City of Federal Way based on note #6 on sheet 1 of 4 of the final plat map and through a statutory warranty deed that will be recorded with the plat. 14. All streets shall have a minimum pavement section of three inches of Class B asphalt over six inches of crushed surfacing to support the traffic loads. Final Plat Staff Report Danville Station Division II 04-101 1 52-O0-SU I Doc,J.D. 28212 Page 6 Staff Response: This condition has been met with a financial guarantee. Engineering plans approved under file #00-1 06139-00-EN depicted the required street section of three inches of Class B asphalt over six inches of crushed surfacing top course. Under Division I, settling occurred on these streets. During Division I final plat process, the applicant submitted an analysis which recommended that a final lift of asphalt be installed after the majority of the residential construction was complete. In order to mitigate Danville Station Division I road settlement, the applicant was required to grind along all curbs; all castings, storm lids, and monuments adjusted to final grade after the asphalt overlay; reconstruct the subgrade in areas as recommended by the Public Works Director; and provide a minimum l-W' Class B asphalt overlay over the entire length and width of each street within the subdivision. This work, which is to also be incorporated in Danville Station Division II, shall occur after 80 percent build-out of the homes within the plat, or within two years of final plat approval, whichever is less. The applicant has provided separate financial guarantee assuring the completion of this work. 15. Clearing for the construction of the plat improvements, including roads, stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the Preliminary Grading and Utility Plan that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until approved permits are issued for development of the residential lots. Staff Response: This condition has been met. Engineering plans submitted for this application depicted clearing limits consistent with this condition. Clearing of individual lots will occur in conjunction with construction of homes on each of the individual lots. 16. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City code requirements. Design and construction of plat improvements shall c~:mform to the FWCC, 1990 King County Surface Water Design Manual (KCSWDM), Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. Staff Response: This condition has been met. All required improvements depicted on the approved engineering plans have been installed, inspected by the City, and bonding secured per City requirements. Drainage plans and a Technical Information Report were developed in conformance with the 1990 KCS WDM, Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicab~e codes and regulations. V. SEPA CONDITIONS 1. The applicant shall either: a. Construct the following impacted Transportation Improvement Plan project as required by the Public Works Department, prior to building occupancy; or, b. Contribute the project's pro-rata share of the construction cost of the following TIP project prior to issuance of building permits: Final Plat Staff Report Danville Station Division II 04-10 II 52-O0-SU / Doc, I.D 28212 Page 7 Tip Project Description Project Total PM Pro-Rata Tip Mitigative Impact Peak Hour Share Project Fee Volume Cost 1. S 3561h Street - ]'1 Avenue S to 17 trips 1562 trips 1.09% $7,205,000 $78,400 SR99: Widen to five lanes 2. 2]SI Avenue SW/SW 357tn 33 trips 2279 trips 1.44% $750,000 $10,900 Street: SW 35(jh Street - 22nd Avenue SW: Extend two-lane connector TOTAL $89,300 Staff Response: This condition has been met. The applicant elected to make a pro-rata share , contribution in lieu of constructing the improvements. The applicant paid $89,300.00 on August 5, 2004. 2. The applicant shall design and construct a southbound left turn storage bay to provide the required channelization and storage for the intersection of 21st Avenue SW and SW 346th Place. Before civil plan approval, the applicant shall submit calculations and design for the left turn storage bay for the review and approval of the Public Works Traffic Division. Channelization, striping, and construction notes addressing the new channelization plans shall include existing stripe removal and the terminus/extent of construction as required by City standards. Such modifications shall be prepared and stamped by a licensed civil engineer registered in the State of Washington. The applicant shall dedicate the right-of-way required for construction of the southbound left turn storage bay. Before issuance of Final Plat Approval, the applicant shall construct the southbound left turn storage bay consistent with the approved channelization plans. Staff Response: This condition has been met through a financial guarantee. The improvements have been constructed; however, the final lift of asphalt and the striping will occur after 80 percent build- out of the homes within the plat, or within two years of final plat approval, whichever is less. 3. The applicant shall design and construct all necessary traffic calming devices to mitigate neighborhood traffic impacts in coordination with neighborhood groups, and in compliance with City requirements. These devices may include speed humps, traffic circles, chicanes, curb extensions, signs, pavement markings, or any other device proposed by the applicant and/or neighborhood residents and approved by the Public Works Director. Before issuance of Preliminary Plat Approval, the applicant shall submit plans for the traffic calming devices for the review and approval of the Public Works Traffic Division. The plans shall be prepared and stamped by a licensed civil engineer registered in the State ofWashmgton. Before issuance of Final Plat Approval, the applicant shall construct the traffic calming devices consistent with the approved plans. Staff Response: This condition has been met. The applicant met with neighborhood groups and ultimately provided neighborhood traffic calming measures on plans approved by the City. Speed humps and striping for both Danville Station I and Danville Station II were installed with Danville Station Division I plat improvements consistent with approved plans. VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: Final Plat Staff Report Danville Station Division II 04-101 1 52-00-SU I J)oc,J.D. 28212 Page 8 I. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the final plat is representative of the preliminary plat and the conditions of preliminary plat and SEP A mitigation have been met or financially guaranteed. 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 zoning standards for the RS 7.2 zoning district and provides single-family dwelling unit lots that range from 7,200 square feet to 15,724 square feet in size. As provided for in FWCC Section 20-135(b), performance and maintenance bonds are in place for the entire plat including frontage improvements, streets, and all infrastructure. The applicant has created two open space tracts pursuant to FWCC Section 20-155, and installed open space related improvements. The plat is within planning Area C of the 1995 Federal Way Parks, Open Space, and Recreation Comprehensive Plan. The applicant has created Tracts A and C, which are ten-foot wide landscape areas between the subdivision and the 21'1 Avenue SW arterial, as provided under FWCC Section 20-178(a). Tracts A and C, which shall be owned in common by the property owners of the entire plat, includes trees and shrubs and groundcover to meet the intent of a Type III buffer, although trees are eliminated from Tract C due to BP A easements. 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 are financially guaranteed to be completed within two years of final plat approval. All life safety improvements have been completed. 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, and 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 only 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 adequately financially guaranteed as discussed above, including: safe walking routes of travel to schools and school bus stops, open space, drainage systems and water and sewer installed, and street improvements provided. 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 been met. All road, pedestrian pathway, and storm drainage improvements have been constructed and/or financially guaranteed. In addition, all water and sewer lines have been installed and approved by Lakehaven Utility District as identified in the August 4, 2004, letter of substantial completion from Lakehaven Utility District. Final Plat Staff Report Danville Station Division II 04-101 152-O0-SU I Doc, I.D. 28212 Page 9 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 detennined that the application for final plat approval for Danville Station Division II Subdivision meets all platting requirements ofRCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or financially guaranteed to guarantee that the plat conditions and code requirements will be completed within two years of final plat approval as allowed by FWCC Section 20-135. The project has been developed in confonnance with Resolution 00-324, approving Keller Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. ' EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Vicinity Map Danville Station Division II Subdivision I 1 x 17 Reduced Copy of Final Plat Map of Danville Station Division II Subdivision 8~ x 11 Reduced Copy of Approved Preliminary Plat of Keller Preliminary Resolution 00-324 - October 17,2000, City of Federal Way Preliminary Plat Approval of Keller Subdivision Draft Resolution of Final Plat Approval Applicant Response to Hearing Examiner Conditions Final Plat Staff Report Danville Station Division II 04-10 I I 52-O0-SU / Doc, I.D. 28212 Page 10 .A.A.A.AAA.A s.w. 32Oth ST. SITE ~ VICINITY MAP Not To Scale EXHIBIT --À PAGELOF -L- ~ CONSULTING eNGINEe~8 LLC ~ IGI$I~I 720 South 348111 Street Fede<aI Way. Washington 98003 (253) 838-6"3 eM --.... Land -- ProJect -"""""'" PubIc w_. Land - JOB NO. DRAWING NAME: DATE: DRAWN: 770-01-970 VICINITY 10-15-98 SLS 'L DANVILLE STATION DIVISION No.2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP. 21 N., RGE. 3 E., W.M. City of Federal Way, King County, Washington APPROVALS FEDERAL WAY DEPARTMENT OF PUBUC WORKS EXAMINED AND APPROVED THIS ------ DAY OF ------------------------- , I LEGAL DESCRIPTION PARCEL A' Tl-IE SOUTH HALF OF Tl-IE SOUTH HALF OF THE NORT., HALF OF Tl-IE NORTl-IEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24. TOWNSHIP 21 NORTH, RANGE 3 EAST, W,M, IN KING COUNTY, WASHINGTON; EXCEPT Tl-IE WEST 205 FEET THEREOF; TOGETl-IER IMTl-I AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, OVER, UNDER AND ACROSS THE NORTH 30 FEET OF Tl-IE WEST 20S FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTl-IEAST QUARTER OF THE SOUTHEAST QUARTER OF SAiD SECTION 24; EXCEPT Tl-IE WEST 30 FEET FOR ROAD, AND EXCEPT Tl-IAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY FOR 345th PLACE S,W. BY DEED RECORDED UNDER RECORDING NUMBER 20030530000745, PARCEL B: Tl-IE WEST HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDEe UNDER RECORDiNG NUMBER 842327, AND EXCEPT Tl-IAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY FOR 21st AVENUE SOUTl-I BY DEED RECORDED UNDER RECORDING NUMBER 20030530000744, PARCEL C' Tl-IE EAST HALF OF Tl-IE NORTH HALF OF Tl-IE SOUTH HALF OF Tl-IE NORTl-IEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND 00 HEREBY DEDICATE TO Tl-IE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE Tl-IEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON Tl-IE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO Tl-IE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON Tl-IIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE 00 HEREBY DEDICATE AND CONVEY SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED, FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HERERBY SUBDIVIDED, WAIVE AND RELEASE FOR THEMSELVES, Tl-IEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM Tl-IE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS 'M-iICH MAY BE OCCASIONED BY Tl-IE DESIGN, ESTABLISHMENT, CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS, ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE OR SURFACE OR SUBSURFACE WATER FLOWS IMTHIN THE SUBDIVISIONS OR IMTHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM Tl-IE SUBDIVISIONS AND Tl-IE CITY OF FEDERAL WAY'S REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER Tl-IAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY, FURTHER, Tl-IE UNDERSIGNED OWNERS OF Tl-IE LAND HERERBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INOEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS IMTHIN OR 'MTHOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN, ESTABLISHMENT, CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS, ALTERATIONS OF Tl-IE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUBSURFACE WATER FLOWS 'MTHIN Tl-IE SUBDIVISIONS OR IMTHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE, OR ACTVALL Y RECEIVING DRAINAGE FROM Tl-IE SUBDIVISIDNS AND THE CITY OF FEDERAL WAy'S REVIEW AND APPROVAL OF PLANS AND PERMITS FDR SAME, PROVIDED, THIS WAiVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST DF DEFENSE, RESULTING FROM AND TO THE EXTENT OF THE SOLE NEGLIGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS, OR ASSIGNS, Tl-IIS SUBDIVISION, DEDICATION, RELEASE, INDEMNIFICATION OF CLAIMS, AND AGREEMENT TO HOLD HARMLESS IS MADE 'MTH THE FREE CDNSENT AND IN ACCORDANCE WITl-I THE DESIRES OF SAID OWNERS, IN 'MTNESS 'M-iEÍ;O¡;WE SE(JU~ANDS ~~SEALS: ~l£~g~âJP~~--- SCHNEIDER HOMES, Inc., A WASHINGTON CORPORATION BY: GERALD E. SCHNEIDER, PRESIDENT , /~-A-.-~~. - r-:t?~?_--- ~f~RTHWEST BA A WASfjllWTON BÒRPO , ON ¿? BY~v. r. f~ /'flc.-';/~ mTI:: .GN~q ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF -~J.toJß.. I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIOENCE THAT GERALO E. SCHNEIOER SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE WAS AUTHOR¡ZED-TO-EXECL¡ï:Ë-THE-¡i~isTRUMEÑT- ANÕ- ACKNOWLEDGED IT AS THE -.PBE.SlQfJ,lI- OF ------_s.Ç,Hl!.EIQE.'L!:I.QME.S~JQ.c~------- TO BE THE FREE ANO VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PU ES MENTIONED IN THE INSTRUMENT, ~"-~~~--- IGNA TURE) ¿¡(ik!:YÞ~;' -------------- TITLE ' MY APPOI~XT~~~~ ~J' <; -_0£-____---- STATE OF WA)5.I-jINGTOI\ COUNTY OF ~L'li<;;lr I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ßL(!1~j).-~--€J!.A~---------- SIGNED THIS INSTRUMENT, O.N"OA)l:! STATED THAT _HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE ~~_.!:_-- OF -------E.~lflC_.MQf!JJ:jYtE.~Le.Al!lL____- TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOS S ~ED IN THE. INSTRUMENT. DA TED --~L~)ÞV ------------- jþ, f¡r~~fl'C------------- IGNAT E) -_~íj_~£a'5J~T --------- TITLE M Y APPOI~X~~~~ ß bL~~---------- NOTARY PUBLIC STATE OF WASHINGTON JUANITA M, TERWILLIGER lAy "",,"""0.' "",.. IAAV 10,2O/HI RECORDING CERTIFICATE RECORDING No, ---------------------------------------- FILED FOR RECORD AT THE REQUEST OF THE FEDERAL WAY CITY COUNCIL THIS --------- DAY OF -------------------- , 20___- , AT ----- MINUTES PAST ~--_____.M, AND RECORDED IN VOLUME -------- OF PLATS, PAGES ------------ RECORDS OF KING COUNTY. WASHINGTON, DIVISION OF RECORDS AN.D ELECTIONS ---------------------------------- ---------------------------------- MANAGER SUPERINTENOENT OF RECORDS FEDERAL WAY FILE No. 04-101152-00-SU II va.../PG. 20______. ----------------- PUBLIC WORKS DIRECTOR FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT EXAMINED AND APPROVED Tl-IIS ----- DAY OF ----------------------- , 20____, ------------------------- DIRECTOR OF COMMUNITY DEVELOPMENT FEDERAL WAY CITY COUNCIL EXAMINED AND APPROVED THIS ----- DAY OF ---------------------------- , 20___. -------------------------- ---------------------------------- MAYOR ATTEST: CITY CLERK KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS ------- DAY OF ------------------------- , 20_____. -------------------------- -------------------------------- KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER: 242103-9021, -9022, -9056 KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID. THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS, OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS ------- DAY OF ---------------- , 20_____- ------------------------------ MANAGER, KING COUNTY FINANCE DIVISION ----------------------------- DEPUTY NOTES 1, CONTROLLING BOUNDARY DATA WAS OBTAINED BY DIRECT FIELD MEASUREMENTS EMPLOYlNG CONVENTIONAL TRAVERSE PROCEDURES USING A TOPCON 2110 THEODOLITE WITH INTEGR!\L DISTANCE MEASURING METER. FIELD WORK BY DMP, INC. IN 2002, ALL MEASUREMENTS ARE IN U,S, SURVEY FEET, 2. PACIFIC NORTHWEST TiTlE COMPANY FIRST AMENDED PLAT CERTIFICATE, ORDER No, 493066, DATED FEBRUARY 6, 2004, AND SUPPLEMENTAL REPORT #1 THEREOF, DATED MARCH 3, 2004, WERE RELIED UPON FOR DISCLOSURE OF THE VESTING OF TITLE OF THE LAND COMPRISING THIS SUBDIVISION, 'M-iICH ACCORDING TO SAID PLAT CERTIFICATE IS SUBJECT TO THE FOLLOWING (AND OTHER) SPECIAL EXCEPTIONS, A, TERMS AND CONDITIONS OF LICENSE TO ENTER PROPERTY RECORDED UNDER RECORDING NUMBER 20020227001772. B, TERMS AND CONDITIONS OF AGREEMENT RECORDED UNDER RECORDING NUMBER 20010202000736 AND MODIFIED BY AMENDMENT TO DEVELOPER EXTENSION AGREEMENT RECORDED UNDER RECORDING NUMBER 20040114002176. NO WARRANTY IS HEREBY MADE, EXPRESS OR IMPLIED, AS TO THE ACCURACY AND/OR COMPLETENESS OF SAID PLA T CERTIFICATE. 3. TRAVERSE CLOSURES FOR THIS SUBDIVISION EXCEED THE REQUIREMENTS OF WAC 332-130-09D ESTABLISHMENT OF LOT CORNERS IS BY RADIAL SURVEY PROCEDURE, W1TH INDEPENDENT MEASUREMENTS 4 LOT CORNERS HAVE BEEN STAKEO WITH 3/4" X 24" GALVANI2ED PIPE AND PLASTIC CAP MARKED "DMP INC, PLS 22962" UNLESS OTHERWISE INDICATED HEREON, 5. TRACTS "A" & "E", LANDSCAPE BUFFER TRACTS, ARE HEREBY DEDICATED AND CONVEYED TO THE DANVILLE STATION COMMUNITY ORGANIZATION, THEIR SUCCESSORS AND ASSIGNS, SAID ORGANIZATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE THEREOF, REMOVAL OR DISTURBANCE OF LANDSCAPING IMTHIN SAID TRACTS SHALL BE PROHIBITED EXCEPT AS MAYBE NECESSARY FOR THE MAINTENANCE AND REPLANTING OF EXISTING LANDSCAPING AS APPROVED BY THE CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT, 6. TRACT "B", A STORM DRAINAGE TRACT, IS HEREBY DEDICATED AND CONVEYED TO THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, 7. TRACTS "c" AND "0" ARE OPEN SPACE TRACTS HEREBY DEDICATED AND CONVEYED TO THE DANVILLE STATION COMMUNITY ORGANIZATION, THEIR SUCCESSORS AND ASSIGNS, FOR OPEN SPACE AND RECREATIONAL USE. SAID ORGANI2ATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE THEREOF. REMOVAL OR DISTURBANCE OF LANOSCAPING \'I1THIN SAID TRACT SHALL BE PROHIBITED EXCEPT AS MAY BE NECESSARY FOR mE .IAINTENANCE AND REPLANTING OF EXISTING LANDSCAPING AS APPROVED BY THE CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT. TRACTS "c" AND "0" MAY NOT BE FURTHER SUBDIVIDED AND MAY NOT BE USED FOR FINANCIAL GAIN. EASEMENT RESERV A TlONS: AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY, QWEST COMMUNICATIONS INTERNATIONAL, INC" LAKEHAVE UTILITY DISTRICT AND COM CAST CABLE COMMUNICATIONS, INC. UNDER AND UPON THE EXTERIOR TEN FEET PARALLEL IMTH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES AND WIRES WITH NECESSARY FACiLITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY \'11TH RELATED UTILITIES, TOGETHER \'11TH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN ST~ TED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION BY THE UTILITY, NO LINES OR \'I1RES FOR SAID UTILITIES SHALL BE PLACED OR PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN A CONDUIT A ITACHED TO A BUILDING PRIVATE STORM DRAINANGE EASEMENT RESERVATION: A PRIVATE DRAINAGE EASEMENT is ALSO HEREBY RESERVED FOR AND GRANTED TO THE OWNERS OF THE LOTS OF THIS SUBDIVISION UNDER AND UPON SAID EXTERIOR 10 FEET FOR THE PURPOSE OF INDIVIDUAL LOT STORM DRAINAGE - CONVEYANCE, SAID OWNERS SHALL BE EQUALLY RESPO,NSIBLE FOR THE MAINTENANCE OF THE STORM DRAINAGE FACILITIES BENEFi.ING THEIR LOT. LAND SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS PLAT OF DANVILLE STATION DIVISION No.2, IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON, THAT Tl-IE MONUMENTS HAVE BEEN SET AND THE LOT AND BLOCK CORNERS HAVE BEEN STAKED CORRECTLY ON THE GROUND AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS, P UL E, OR OW P.L.S.. CERTIFICATE No. 22962 DALEY-M RROW-POBLETE, INC, 726 AUBURN WAY NORTH AUBURN, WASHINGTON, 98002 (253) 333-2200 (FAX) 333-2206 DALEY-MORROW-POBLETE, INC, 726 AUBLIRN WAY NORTH AUBURN, WASHINGTON 98002 PHONE: (253)333-2200 (FAX)333-2206 p ~ ENGINEERING - SURVEYING LAND PLANNING SHEET 1 OF 4 ;gm C»< mX - -OJ - ~ ~IOJ 02123 13 AUG 04 va../PG. DANVILLE STATION DIVISION No.2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP. 21 N., RGE. 3 E., W.M. City of Federal Way, King County, Washington APPROVALS FEDERAL WAY DEPARTMENT OF PU8UC WORKS EXAMINED AND APPROVED THIS ------ DAY OF ------------------------- , 20______. LEGAL DESCRIPTION PARCEL A: THE SOUTH HALF OF THE SOUTH HALF OF THE NOR", HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M. IN KING COUNTY, WASHINGTON; EXCEPT THE I'ÆST 205 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, OVER, UNDER AND ACROSS THE NORTH 30 FEET OF THE I'ÆST 205 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; EXCEPT THE I'ÆST 30 FEET FOR ROAD. AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY FOR 345th PLACE S,W, BY DEED RECORDED UNDER RECORDING NUMBER 20030530000745, PARCEL 8: THE I'ÆST HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE I'ÆST 30 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDEe UNDER RECORDING NUMBER 842327, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY FOR 2151 A VENUE SOUTH BY DEED RECORDED UNDER RECORDING NUMBER 20030530000744, PARCEL C' THE EAST HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE AND CONVEY SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED, FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HERERBY SUBDIVIDED, WAIVE AND RELEASE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TiTlE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE DESIGN, ESTABLISHMENT, CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS, ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TD RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAY'S REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY, FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HERERBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR II1THOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN, ESTABLISHMENT, CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS, ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE- DR ACT1JALL Y RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FDR SAME, PROVIDED, T1-1IS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING FRDM AND TO THE EXTENT OF THE SOLE NEGLIGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS, OR ASSIGNS, THIS SUBDIVISION, DEDICATION, RELEASE, INDEMNIFICATION OF CLAIMS, AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHæl'Æ SE(JU~ANDS ~flSEALS: ~.!£Á-g~/¿IÞLÆú~--- SCHNEIDER HOMES, Inc., A WASHINGTON CORPORA TION BY: GERALD E. SCHNEIDER, PRESIDENT , ~çã;~-~~---- ~~RTHWE$"T BA A WASfjllWTON j7ÒRPO , ION /? BY~v. r. ÝC..P~ /f/CI:!iJI!Þ mTI:': GJv~4 ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF -~~~ I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT -----_.9!;B!'<J,IL~..?,.Ç!:!t:!.QQ..EB______--- SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE _..PBI~Q.QŒ- OF -------~ÇtiJol~IQ~~J:'-QME.S~Jr¡ç~------- TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND Pl!Rf'TI}ES MENTIONED IN THE INSTRUMENT. ~~.ê~~~--- ,_IGNATURE) d{2Jgr- ý Pdt':.¿____---------- TITLE' MY APPOI~:~~~~ ~/ <) --QJL--------- /) . ~T -LO42--;~ ~ '^"O~ - m~~~'\. " I '1-- ~ I \' IWUC J t .~." " '. ."... JI~"',~.~ ~ - ' , """" ,-- STATE OF WA.$HINGTObi COUNTY OF ~~~~,r ~ Ú I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT __L(Jj!19-.Q_~--lf.-A~---------- SIGNED THIS INSTRUMENT, ON.o°ATf:I. STATED THAT _HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE ~~.!!~--- OF ----___'E.~.!flLMQ.I!JJ:jYi~~Le..Þ,1:!lS.__---- TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOS S ~/tED IN THE INSTRUMENT, DA TEO__G!J~)J:.<.j ------------- ill ~ WI~8k______------ IGNAT E) --~í!_~§Jd.."5} ~T --------- TITLE MY APPOI~X~~~~ ß~~(...---------- NOTARY PUBLIC STATE OF WASHINGTON JUANITA M, TERWILLIGER My oIøøe>'n""on' e..... MAV 1O, 2OOG RECORDING CERTIFICATE RECORDING No, ---------------------------------------- FILED FOR RECORD AT THE REQUEST OF THE FEDERAL WAY CITY COUNCIL THIS --------- DAY OF --------------------- , 20___- , AT ----- MINUTES PAST ~--_____,M, AND RECORDED IN VOLUME -------- OF PLATS, PAGES ------------ RECORDS OF KING COUNTY, WASHINGTON, DIVISION OF RECORDS AND ELECTIONS ---------------------------------- ---------------------------------- MANAGER SUPERINTENDENT OF RECORDS ----------------- PUBLIC WORKS DIRECTOR FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT EXAMINED AND APPROVED THIS ----- DAY OF ------------------------- , 20____, ----------------------- DIRECTOR OF COMMUNITY DEVELOPMENT FEDERAL WAY CITY COUNCIL EXAMINED AND APPROVED THIS ----- DAY OF --------------------------- , 20___. ----------------------- ------------------------------ MAYOR ATTEST: CITY CLERK KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS ------- DAY OF ------------------------- , 2O_____. -------------------------- ------------------------------ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER: H2103-9021, -9022, -9056 KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS, OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL. THIS ------ DAY OF ------------------ , 20______. ------------------------------ MANAGER, KING COUNTY FINANCE DIVISION --------------------------- DEPUTY NOTES 1. CONTROLLING BOUNDARY DATA WAS OBTAINED BY DIRECT FIELD MEASUREMENTS EMPLOY1NG CONVENTIONAL TRAVERSE PROCEDURES USING A TOPCON 2110 THEDDOLITE WITH INTEGRAL DISTANCE MEASURING METER. FIELD WORK BY DMP, INC. IN 2002, ALL MEASUREMENTS ARE IN U,S, SURVEY FEET. 2. PACIFIC NORTHWEST TITLE COMPANY FIRST AMENDED PLAT CERTIFICATE, ORDER No, 493066, DATED FEBRUARY 6, 2004, AND SUPPLEMENTAL REPORT #1 THEREOF, DATED MARCH 3, 2004, WERE RELIED UPON FOR DISCLOSURE OF THE VESTING OF TITLE OF THE LAND COMPRISING THIS SUBDIVISION, WHICH ACCORDING TO SAID PLAT CERTIFICATE IS SUBJECT TO THE FOLLOWING (AND OTHER) SPECIAL EXCEPTIONS, A, TERMS AND CONDITIONS OF LICENSE TO ENTER PROPERTY RECORDED UNDER RECORDING NUMBER 20020227001772. B. TERMS AND CONDITIONS OF AGREEMENT RECORDED UNDER RECORDING NUMBER 20010202000736 AND MODIFIED BY AMENDMENT TO DEVELOPER EXTENSION AGREEMENT RECORDED UNDER RECORDING NUMBER 20040114002176. NO WARRANTY IS HEREBY MADE, EXPRESS OR IMPLIED, AS TO THE ACCURACY AND/OR COMPLETENESS OF SAID PLA T CERTIFICATE. 3. TRAVERSE CLOSURES FOR T1-1IS SUBDIVISION EXCEED THE REQUIREMENTS OF WAC 332-130-090. ESTABLISHMENT OF LOT CORNERS IS BY RADIAL SURVEY PROCEDURE, WITH INDEPENDENT MEASUREMENTS 4 LOT CORNERS HAVE BEEN STAKED WITH 3/4" X 24" GALVANIZED PIPE AND PLASTIC CAP MARKED "DMP INC. PLS 22962" UNLESS OTHERWISE INDICATED HEREON. 5. TRACTS "A" & "E", LANDSCAPE BUFFER TRACTS, ARE HEREBY DEDICATED AND CONVEYED TO THE DANVILLE STATION COMMUNITY ORGANIZATION, THEIR SUCCESSORS AND ASSIGNS, SAID ORGANIZATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE T1-1EREOF, REMOVAL OR DISTURBANCE OF LANDSCAPING WITHIN SAID TRACTS SHALL BE PROHIBITED EXCEPT AS MAY BE NECESSARY FOR THE MAINTENANCE AND REPLANTING OF EXISTING LANDSCAPING AS APPROVED BY THE CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT. 6, TRACT "B", A STORM DRAINAGE TRACT, IS HEREBY DEDICATED AND CONVEYED TO THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS. 7. TRACTS "c" AND "D" ARE OPEN SPACE TRACTS HEREBY DEDICATED AND CONVEYED TO THE DANVILLE STATION COMMUNITY ORGANIZATION, T1-1EIR SUCCESSORS AND ASSIGNS, FOR OPEN SPACE AND RECREATIONAL USE, SAID ORGANIZATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE THEREOF, REMOVAL OR DISTURBANCE OF LANDSCAPING WITHIN SAID TRACT SHALL BE PROHIBITED EXCEPT AS MAY BE NECESSARY FOR T1-1E MAINTENANCE AND REPLANTING OF EXISTING LANDSCAPING AS APPROVED BY THE CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT, TRACTS "c" AND "D" MAY NOT BE FURTHER SUBDIVIDED AND MAY NOT BE USED FOR FINANCIAL GAIN. EASEMENT RESERVATIONS: AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY, OWEST COMMUNICATIONS INTERNATIONAL, INC" LAKEHAVE UTILITY DISTRICT AND COM CAST CABLE COMMUNICATIONS, INC. UNDER AND UPON THE EXTERIOR TEN FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR T1-1E PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH RELATED UTILITIES, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN ST~ TED THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION BY THE UTILITY. NO LINES OR WIRES FOR SAID UTILITIES SHALL BE PLACED OR PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN A CONDUIT ATTACHED TO A BUILDING PRIVATE STORM DRAINANGE EASEMENT RESERVATION: A PRIVATE DRAINAGE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE OWNERS OF THE LOTS OF THIS SUBDIVISION UNDER AND UPON SAID EXTERIOR 10 FEET FOR THE PURPOSE OF INDIVIDUAL LOT STORM DRAINAGE -- CONVEYANCE, SAID OWNERS SHALL BE EQUALLY RESPONSIBLE FOR THE MAINTENANCE OF THE STORM DRAINAGE FACILITIES BENEFI{ING THEIR LOT, LAND SURVEYOR'S CERTlFICA TE: I HEREBY CERTIFY THAT THIS PLAT OF DANVILLE STATION DIVISION No.2, IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON, THAT T1-1E MONUMENTS HAVE BEEN SET AND THE LOT AND BLOCK CORNERS HAVE BEEN STAKED CORRECTLY ON THE GROUND AND THAT I HAVE FULLY COMPliED WITH THE PROVISIONS OF THE PLATTING REGULATIONS, PÀllL E, 1A0RROW'P.L.S.. CERTIFICATE No, 22962 DALEY-MðRROW-POBLETE, INC, 726 AUBURN WAY NORTH AUBURN, WASHINGTON, 98002 (253) 333-2200 (FAX) 333-2206 DALEY-MORROW-POBLETE, INC. 726 AUBURN WAY NORTH AUBURN, WASHINGTON 98002 PHONE: (253)333-2200 (FAX)333-2206 ~ ENGINEERING - SURVEYING LAND PLANNING FEDERAL WAY FILE No. 04-101152-00-8U SHEET 1 OF 4 02123 ~m C»< m:J: - -OJ - ~ 0 ~ OJ . 13 AUG 04 VOL/Po. DANVILLE STATION DIVISION No.2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP. 21 N., RGE. 3 E., W.M. City of Federal Way, King County, Washington - -24::19 - - - -:;-VK ,~ LéAD r. - - - , ,,\, 3Y 5" CO~C I '. ' . ,,~.,,--- - - - ,,"O5'SO',,!, ""CO ^"" . è . ~81:'4..5.5 E 1327.19' - R=224,00 -~ ~ I -- - L=22.8" ~- ';'..01 - , 2." - - -- - -- - i 22 I 23 I 2;) ~ ~"7'"2'E - ~ . I 1'18 77' \ -- 74., (f) - 1 \ SHEET 4 OF 4 - l:r=Oõ4~~ ~ t:! R=31.00 <J:: (\ L=3,67' 20 f- N ~ N (f) I WZO1 - 0"'- (\ W-lD N Z (f)ú) -<J::>~ fQ ;;1õ~ '0: 0 R <J:: > ~Q W 00. C\!. ~, : b" 0 Õ ~ : z!2 f-- N () ~ 0:: .w f-- ~ '", 0 I " 0 z ~ 0 ~ ¡~ J.iu ~ "' J. 0 : 7' oro ~I TRACT Q'./ gLqI 37 (J) 'A'J <' o~ , ..) Z~ ~ I I N89"31'55'E ~ p~I:I~- 154,01' NI ~ ::! I . '" ~- .1",9~ :;;",0 ' . "'1<60<0 . I "'b" . 31~0~ ~ ~I;I Z N N - ;;<3 N~. ~- ::;1598 U'J 00 ' -1~05S ~~¡~~ 0 . P:i 50.00' 0 -' --1 'ž . 30' ~ ~ ~ ; SEE SHEET 3 OF 4 I SEE SHEET 4 OF 4 ~ Lf>, \---"NE ROSEL36/Z¡_2B . -=----==----- VOL, ì I 1 5/8" BRASS DISK - ---= -- - _N~9'~ 827.62M 827,6'.M - ---- - - - - -- W/PUNCH IN CASE -- - ---- - (BASIS OF BEARINGS)"' (':'l. - - - L------------ 1 ~i~I~E~ ,f:R¿~E02 ---- - - - - - SW 347th PL - - - -:--==--0;~~8" BRASS DISK , W/PUNCH IN C.;SE 1 VISITED MARCH 02 '" N ~ BASIS OF BEARINGS: GRAPHIC SCALE ::: THE LINE BETWEEN THE MOIJUMENT LOCATED AT THE 100 0 50 100 200 INTERSECTION OF 21st AVE, S. WITH S.W. 347th PL. .. I I' i ANO THE P,I ,IONUMENT NEAR THE INTERSECTION - - OF SlY. 347th PL. WITH 18th AVE. S,W, ( IN FEET ) BEARING N85'49'46"W 1 inch = 1 00 It THEORETICAL C;L~ r~~"- I I I ~:r Ì" i l \ 9 I wi ^" I I! , '-- SEE SHEET 36 35 "<I' u.. 0 42 41 43 n I- W W I If) 44 2 ~I UNPLA TTED w w If) ~I Ii TRACT '0' I I I MERIDIAN: PER PLAT OF ROSELLA LANE \ VOL. 136/26-28 I. I ?"NY1LlE; ~UT'ON O1V1S,ON No 1 :2113 II I'VO~' 214/23-26 14 ì5) I ~16117118 ~ 3 OF 4 - - --; - ~~W 345th PL. N89"2740 E ! 1019.95' - - - - SEE TRACT 'B' 34 33 32 31 30 29 28 27 ~! (J)' ,: WI :;1 ..c:, ~l 18 "<I' u.. 0 19 40 39 38 26 25 24 23 22 21 17 "<I' I- W w I If) w w If) 3 5 u.. u.. 0 0 6 n "<I' 7 I- I- W W W W I I If) If) W W W W If) If) TRACT 'C' 112 13 14 10 11 8 9 4 N89"40'26'E 1274,35' UNPLA TTED ¡--- I in ""I ~I I 1 21 - --.¡ t- >:. <: CONC. MONUMENT 25 ~ 30 NOT VISITED THIS SURVEY SUBDIVISION OF. SEC. 24, 1WP, 21 N" RGE, 3 E" W,M. "ER "LA T OF ROSELLA LANE VOL. 136/26-28 24 1319,78' '1 - - - - - - - .J 3~. 7~ - - - - - - - - - - - - - ="'" /¡--...:...L- - - - - - N89'36'48"W 263B.57 25 STONE MONUMENT NOT VISITED THIS SURVEY ADDRESS TABLE LOT No, ADDRESS LOT No, ADDRESS 1 1923 SW 346TH PL, I 24 1734 SW 346TH PL. 2 1919 SW 346TH PL. 25 1740 SW 346TH PL. 3 1913 SW 346TH PL. 1748 SW 346TH PL. 4 1909 SW 346 TH PL, 26 34512 18TH ."'VE SW 5 1827 SW 346TH PL. 27 1713 SW 345TH PL 6 1823 SW 346TH PL, 34505 16TH AVE, SW 7 1~7 SW 346TH PL, 28 1721 SW 345THPL, 8 1811 SW 346TH PL, 29 1733 SW 345TH PL 1807 SW 346TH PL, 30 1747 SW 345TH PL, 9 34607 18TH AVE, SW 31 1753 SW 345TH PL. 10 1735 SW 346TH PL, 32 1763 SW 345 TH PL. 14606 18TH AVE, SW 33 1784 SW 345TH PL, 11 1731 SW 346TH PL, 1789 SW 345 TH PL. 12 1725 SW 346 TH PL, 34 34504 18TH AVE. SW 13 1721 SW 346TH PL, 35 1958 SW 345TH PL, 14 1717 SW 346TH PL, 36 1971 SW 345TH PL, 15 34522 16TH AVE, SW 37 1984 SW 345 TH PL. 16 34520 16TH AVE, SW 1822 SW 346TH PL. 17 34516 16TH AVE, SW 38 34513 18TH AVE. SW 18 34512 16TH AVE SW 39 1828 SW 346TH PL 19 34506 16TH AVE, SW 40 1834 SW 346TH PL 20 34502 16TH AVE, SW 41 1964 SW 346TH PL. 1695 SW 345 TH PL, 42 1970 SW 346TH PL. 21 1714 SW 346TH PL, 43 1984 SW 346 TH PL. 22 1720 SW 346TH PL, 44 34444 21ST AVE. SW 23 1728 SW 346TH PL, NOTE: ¡ILL ADDRESSES SHOWN ARE PRELI~IINARY ONLY AND SUBJECT TO CHANGE FEDERAL WAY FILE No, 04-101152-00-SU . ~m C»< m:l: \tJ ãi :¡ ~\W f LAKEHAVEN EASEMENT RESERVAllON AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN UTILITY DISTRICT FOR SO LONG AS IT SHALL OWN AND MAINTAIN THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHO\\N ON THE PLAT AND DESCRIBED HEREIN AS "WATER EASEMENT" AND/OR "SEWER EASEMENT" TO INSTALL, MAINTAIN, REPAIR, REPLACE, AND OPERATE WATER AND SEViER 'IAINS AND APPURTENANCES FOR THIS SUBDIVISION AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENTS AT ALL TIMES FOR THE PURPOSE STATED. NO BUILDING, WALL, ROCKERY, FENCE, TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA. NO EXCAVATION SHALL BE MADE V~THIN THREE FEET OF SAID WATER OR SEWER SERVICE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE USniENT AREA SHALL BE MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING. GRANTOR ADDITIONALLY GR,\NTS TO THE GRANTEE. THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION. RECONSTRUCTION, MAINTENANCE AND OPERA TION OF SAID WA TER OR SEWER FACILITIES. THE USE OF SUCH ADDITiON.AL AREA SHALL BE HELD TO A REASONABLE MINIMUM .~ND BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY GRANTEE OR ITS AGENTS. IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, GRANTOR SHALL NOT CONVEY TO A THIRD P,RTY ANY EASEMENT OR OTHER RIGHT OF USAGE IN THE PROPERTY, WHICH WOULD IMPAIR OR L"IIT THE GRA~TEE'S USE OF THE EASEMENT AREA. REFERENCES_- 1. KING COUNTY ASSESSORS MAP OF SE. 24-21-3 2 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INc. FIRST AMENDED PLAT CERTIFICATE ORDER NO. 493066, DATED FEBRUARY 6, 2004, AND SUPPLEMENTAL REPORT #' THEREOF, OA TED MARCH 3, 2004, 3. PLAT OF ROSELLA LANE, VOL. 136/26-28. 4 FEOERAL WAY 8.L,A. No. BLA 00-104047 REC. No. 20010327900006 5 W,ASHINGTON STATE DEPARTMENT OF TRANSPORTATION - KING COUNTY SUNDRY SITE PLANS - FEDERAL W,AY PARK & RIDE LOT NO.2, APPROVED MAY 26, 1995. 6. PLAT OF PARKLANE ESTATES - DIVISION 2, VOL. 156/9-12. 7 PLAT OF OANVILLE STATION DIVISION No " VOL. 214/23-26. SEE SHEET 1 OF 4 FOR ADDITIONAL NOTES -. . DALEY-MORROW-POBLETE, INC, 726 AUBURN WAY NORTH AUBURN, WASHINGTON 98002 PHONE: (253)333-2200 (FAX)333-2206 SHEET 2 OF 4 13 AUG 04 ENGINEERING - SURVEYING LAND PLANNING p ~ 02123 VOL/PO, DANVILLE STATION DIVISION No, 2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP. 21 N., AGE. 3 E., W.M. City of Federal Way, King County, Washington ,0:, ~ S, LN, ,N. 1/2, S 1/2, N 1/2, NE 1/,4", ',:, " N 1 Sé 1/4, SEe. 24, T-21N, R-3E, W.M '- N 1. "-- ¡"' -- -- --=----- L", CD , N89'27'40"é 37111' CONVEYED TO THE CITY OF FEDERAL WAY! SW 345th PL PéR REe. No, 20030530000745 0 ' . N89'27'40'E 1019.95' tk .§.6-"O,:3.'- ..![! - .§.~5Q'- -I-- - ~~5J2'- -*~ - - - - - - _lllc8j)- r - --- -:- -,;=.../ , 10' PlI9l1C UTILITY/ ~=~~3~,~) j f' "" 10 3: 3: 3: DR~V:TE DRAINAGE ~ASEMENT K;;;;:;".~., ' 0'" ,," ,I L... lO. . ' , ' , ,I, SEe cASEMENT KESERVATIONS L .)9,.., 1,0' 4" I, LO '°1 0 ,0 ~ û) ~ (1) ~ -,;- ~ (J1 S~EET 1 OF 4 ;::.. /'.(ij - ~ 37 "I"') 36 ,CJ 35 ' 0;) ,,~ 0;) NCO NIX) NO;) TRAT" I, <! /.... 3: 0 7,204 SF:t "0 7,216 SF:!: "0 7,233 SF:!: " 0 C B I~ <' it 'f ~ - 8 ~ 8 ~ 8 -' STORM DRAIN/IGE . 5 V1 -..J 0 Z Z Z SEE NOTE 6 SHEET 1 OF 4 ,;5 8 Ï Q 0 I "",c.~ <' 0 3::11';~ I \~. TRACT 'A'..) ~ 6705' 6650' 66 "0' N89'40'27"r: '98 001' C/)~!;:: ~ LANDSCAPE BUFFER Z ' , ." ,~' , , ill!"' I -; Õ I \SEENO~E5SHEET10F4 ';i'43,34 ,7.0,~0'-" .7,O,~0'" 71.00',: 71.00' 72,76' >;;~i5 30' 1 N89'31'55'E15401' cri N89402/ E Nô94027 E ~ ::= " <J:gll;::~ - - -+ - 0 '0 N 3: 3:" 1 0 STORM .s::, 0 e: 510p' \ 112,48' (-13°'1 26,52' ;::. ":': DRAIN ESMT ,,3: iCJ ~~ ~~ V1 21' II 1- 00' 42" 41 40 '<!- ,,' ' , ,CJ 10~ wZ I .1 ,:0, I 8209 SF~ n - ='" 0 38 I. ;:' :¡? g I I CJ L--J 'N ,- 7,232 Sc::t 7.278 SF:!: ~J, ~ 39 ~ û) 7,295 Sc::t I~ ;S ~ ,.;:; I ai 44, CO :-;- 0 7,278 SF:!: :- N I õ ::0 <!e: II"') I"wl~ 4J 0 00 w :š,b: ' 15,7.24 SF:!: I ¡§:¡? I ~ 0 0 -6,=89'39'29" I - 0" L w~ I 6=23'54'11" ~:;¡; I 9,550 SF::t ~ Z R=25.00' I b L5 I , ~!z"'1 R=25,Oq' w" L=3912' / \, ~l g:~~ I L=10.43 - 71:'00'- - **-J.730' - - - - - - -, , ;~-I I ' 71 :i:5g I SW 346th PL, j(¡ l 0:: ~t:J3i I - _N89'40'26"E 2~74' - - z '-' V1 I ' DEDICATED TO THE CITY OF FEDERAL WAY -- N I :J": I 18,63 UPON THE RECORDING OF THIS PLAT en I mz'~ N "" ~~ .6=13'46'19 lJ'_- ;;; o~ II - L=85,33' *.. .-'/ ~U~**_~_6Q,Q.o':"":- .S' -- -"2' - ,I ---- 3:~ w I N89'40'26'E t>~27:2è~~-ç~ ,8,,: " " ' C/)I/J I 100' R-360,O()-.-' 'ò ;,.,(J1-,;-", 1 n,' <XJ '" - N89'40'26"E 94,92' -' ~.-' 1 ;,. 0,..... ... I '" "'~ 0 n , . -,' .-', -" OJ I" '" "', "" '" W ,...'~ ,- -92.58'---::0'- -:'¡'Ö"/C3:OS m::5úJcri '0", 3 IO",ai~ 0", 5 '0", 6 g 7 8 >""11' 0-:)..,.,9' NO- 0 '0,<0- 0 0 ' 'OJ- <t:Z " '~'13'36"W '1" 1-"/\ ,')1 ¡.. - J, ai II II ,9,000 SF:!: :0 ':os 0 9,000 SFI 0 8,100 SF::t 0 -- "'.... I C10 " 32.88' ú _-,.",/í Ik ~ .,¡- <1-,:?i lúJ: Z4 û) û) '!2 L O)W <!... I '- - L> ' - ~ 1- I' ~ - 0 ~V1, ~§ I g -----~SJ'-- ¡L------T---:; ----"3 ----'3: ----:3: [s,ïõOSF::t-3: l----;-----;::. ____.;-1----- ~WO, IT' ~' - , ' c' ' , ~ - : ~ I g '\\ ! 50' PUGE.T SOUND 3: 1 ;:'; 2~:; ,;:'; I, z ;;'; ,I ;J:, ~ f- wOo I - 76' 1\ / ENERGY cASEMENT '.,¡- 8,177 SF:!: ê:n 8,S46 SF:!: ' ê:n :. 0 ê:n 5i '~ (J1 UJ 'I ""6 Ô'. \' / PER REC, No, I"') ~ ~ ~ ',~"', ~ I - :- w '5 o:¡<¡ I 3: , o;t9'~8" í,=>D' / 20031224000001 "(J1 0 0 0 I",::;: 0 I 0 8 ~ "-'¡:""0',", <L"/ 7 ' 1- 0 0 0"",": 0..1 0 - ;: 'j:!ò Ò -r----1--r --------- ---0 -----z -----z -:--:;---z ~,---z ¡----z -----L- ----w- ~---- ~z I , , ~---,_.-'\ 50' PUGET SOUND POWER & 0 15 S,'O.R,M--< I' W ,0 I I Z DR"N ',"" I ' ) i2 i;! I o;::? ê:n 20' 1.:LlGHT COMPANY EASEMENT ES~,iT. : '44.46' .1 Vì 8: I ~ s~-:?;----~- I_L~~~C:..N~":'6~~0~:.._-- 57,00' 57.00' 60,00" ',:5400' ". :;',60.00' 54.00' ~~ Z-~L=~=J=~1=~«N~~~~~~4------~~~~~~6~~~~======-~===1=====-============~-- '-' I ' "' I I . 30' ELECTRIC TRANSMISSION AND 50' PUGET SOUND DOWER & - 1 I 20 10,00' ¡ --j 20' ¡SANITARY S~WER EASEMENT DISTRIBunON LINE EASEMENT .~D T LIGHT COMPANY ::ASEMENT ¡ TOT¡e ~.~,R~:: g - 2.0.00' ,PER REC, No. 20040813001434 PER REC, No. 2382525 ¡ PER REe. No. 7903060803 7~C8 8~' ED ;>~ c'",l'o i\,~O, o""?, c?6'~o/6';" I i I DANVILLE ISTATIONi DIVISION I iVOL214/23-26 I 10 I 11 I -'? II ,~ No, 15 ~ : - - r - - -- 1 '~ *1* ---- , I j~ I "" I f- 34 IW ;w II I(f) Iw 'w '(f) 26 30' S, LN" N, 1/2, S. 1/2, NE 1/4, SE 1/4, SEC. 24, T-21N, R-3E, WM. N89'40'26'E 1274,35' TO SE PLAT CORNER- UNPLA TTED GRAPHIC SCALE 50 -=- 0 l1li: 25 j 50 ¡ 100 I ( IN FEET ) 1 inch = 50 It LEGEND ! /.-'---~~..... / '"' / \ / \ I \ ! \ I STREET MARGIN TYPICAL 1 l 2' 2' I \ IN2' 2:NI ! \ L- -1.J / \ w':J TYPICAL WATER METER EASEMENT \ S j SEE LAKEHAVEN EASEMENT RESERVATION " Õ ~ SHEET/2 OF 4 ..... -,"" .-' ..... ~.-' ---- EB ~ ,OUND MONUMENT IN CASE SET MONUMENT IN CAS:: @ SCREW AND BRASS WASHER "D,~P I,NC PLS 22962" IN CONCRETE IN 2" BY 24" GALVANIZED IRON PIPE CURVE TABLE CURVE DELTA LENGTH I RADIUS C2 68'33' 33" 29,91' I 25,00' C3 02'49'56" 8,65' ¡ 175,00' C9 66'25'19" 28,98' ¡ 25,00' C10 5.3'07' 48" 23,18' I 25.00' * 2' BY 2' EXCLUSIVE \VATER METER EASEMENT SEE METER EASEMENT DETAIL THIS SHEET LEFT LOT CORNERS SET AS DESCRIBED IN NOTi: 4 SHEET 1 OF 4 METER EASEMENT DETAIL SCALE: 1"=5' FEDERAL WAY FILE No. 04-101152-00-SU SHEET 3 OF 4 SEE SHEETS 1 AND 2 OF 4 FOR ADDITIONAL NOTES , DALEY-MORROW-POBLETE, INC, 726 AUBURN WAY NORTH AUBURN, WASHINGTON 98002 PHONE: (253)333-2200 (FAX)333-2206 ENGINEERING-SURVEYING LAND PLANNING p ~ 02123 13 AUG 04 ;gm ø>< m% ~~ ~Iœ . ""'. VOL/Fa. DANVILLE STATION DIVISION No, 2 A PORTION OF NE 1/4, SE 1/4, SEC. 24, TWP. 21 N., RGE. 3 E., W.M. City of Federal Way, King County, Washington 5: ,I S, LN., N. 1/2, S. 1/2','11/2, NE '/4", ',;, ~ S~ 1 /4, ~EC 24, ~2'N, ~-3E, W~ ~ - --'t--+o N89'27'40"E 557.58' CONVEYED TO THE CITY OF FEDERAL WAY r SW 345th PL. PER REC. No. 20030530000745 ~ t - J3~0§- -*~ - §J~~ - -1- _6.),..Q0~ - ~*~9-,-4..2'~ i " 6=90'41'48'" 3; 3; 3; R.:'2500:~ , ' - L-39,57 i 0 - 0 - 0 ' ",n ('Jú) N¡"" I"" -NN -Nn -N~ 1- I":;;: è"J;: 29 :')::: 28 è"J'; 27 ';; l;i~ 0 - 7,200 SF", 0 - 7,208 SFot 0 - 7 204 SF~ I : I'" 0 0 0-' ~Im w"" Z :': Z 'OJ '--18:;: I ~Ce' "- ~ I (J) ¡g I iõ ::s N I ',..'-' 6308' 6300' 63,00' 6341"~:;;; S 13 8466' 8465' 84,65' <1:;;: ~ Ô ~189'34'20"E N89'34'20"E N89'34'20"E; £gl;= ~ 3 3 3 lD ~~I ~ ';' 'T- '-T- ;,.- '~- 21 IOJ IS= ,')0 nú) n- nlD ~ 01 ~z - 0 - - - r') - ~ 8,195SF~ IlD 1""0 s:' oi 24 s:' oi 23 s:' oi 22 s:' oi 6 §; 8 01 8,388 SF", 8 01 8,401 SF'", 8 01 8.414 SFot 8 01 6=89'30'58" I I ~ 2 2 Z 2 R.:30.00: ! N89'SO'32"W 10'5' L-46,87 \ '15-" ./ - ' ,.) 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(), ,'Ò / / ~ ,.: 19615 SFot 0 9,075 SF", 0 8,325 SF", 0 9,075 SFot ~ 8,295 SF", 0 ~ 8,245 SF", .&' ,,(j ,0' / / 1:;;"'1' ~ ~ ~ - ~ -_CO'___-/'f --~~ ------ ----- ----- ----------- ~----- i' / - e¡ '" -: I? ? ? ? ? i 50' PUGET SOUND ').0,' 'PoOP ! :>8 8~ 00 I ~ ~ :;!; ;;; On [ENERGY EASEMENT cO" /' >.,-;"-", ,Io:"l _n :' - - PERREC.No V (J)N "'0 Ú),", 01 01 01 (J) 01 20031224000001 ",,", / N N 0 N' I - - - :- - ~ ú) uh >-c,z -I 0 0 0 0 0 ,~<j / ' > ' !:: '" L 0 0 0 0 0 ",.':J 1...../ CD <I:--;jTU ¡¡?- I- - - - 2 - - - - - 2 ,- - - - z - - - - - 2 - - - - - 2 - - Ix-~ ,':J° ~ - - - - - - - ~ .c~ ~8 I \ ",,'I "" ã5 g ¡:: 1;! I - 50' PUGET SOUND POWER & .... z :=' w S\ LiGHT COMPANY EASEMENT - 10£ I 65.00' 60.50' 55.50' 60,50' 55,50' PER REC. No. 7603050539 - -13 ~- - 1- \ L - - - - - - ~~'~0~2~'~ 392~0:" - - - - -TRACT 'C'- - -=- -=- -=- -=- -=- -=- --C_::- -=-.: -=- T~ ~ ~-=-- - - is =>- gl-1-~- - - - - - - - - - - - - - - - - - - - -OPEN SPACE- - - - - - - - - - - - - - _1- - -. 0 01 S\ 30' ELECTRIC TRANSMISSION AND SEE NOTE 7 SHEET 1 OF 4 50' PUGE.T SO. UNO POWER & I ì 25' I 25' LO¡ ¡DISTRIBUTION liNE EASEMENT LIGHT COMPANY EASEMENT----1 g 10'1 PER REC. No. 2382525 465.48' PER REC No 7903060803! 1 I . ¡STA TION, DIVISION 'No, " VOL, 214/23-26 i I 20 1 21 ' I ¡ 22 25 ŒI :J! I ===i= I I 16 19 N - ~ r- ~ ---- I 1 ~6'40'31" I I 6=05'50'08" ~=55.CO" I R=200.00'- L=6<1~ b.=06'47'1O' ~=~37' ¡ N8y~'3_~"E ~""R=31.00' , ,m ~ "471 1 "'L=367' I ~9,OO 7'32'E " . i C1 N83'3 - 0 N_~- , 74,77' 0_, ! - - 0 \ I / ----tiÞO3"26'24" ,'\ / X l=LH,S' "::?::¡ '-_/ 1\ 86"'4'~8" ;i 0,' , 25' fú)\ L 6= ~,L 20 r-- 0 C\i <-, c<')' R=25.00' ,..... W (\ .1 'L='792'8,050Scot '" N v'. 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I ~I-c<') I - c--- en: 34 ~ n OJ. 7,204 Sc:!: 0 - a:il 0 oJl Z I 3\ 3 0- 'OJ- NlD NCO - aJ - 01 33 ~ n 32 ~ n 31 7,202 SF:!: 0 I:: 7,202 SF", 0 :: 7,202 SFot 0 0 2 2 ? 01- N 0 ~:;: 30 0 :: 7.201 SF", 0 2 w w If) 25' 1 65.08' I 83.92' I N89'34'20"E lDl ú)1 26 - nl 8183 SCot ;,I-c') c---' ' . - aJ I 01 . , - co I 6=90'20'31" 0 01 rR=25,00' ~ L=39.42' '- - - 59.36' - 6329' 63,22' 63,15' 84.66' N89'34'20"E 84.66' N89'34'20"E :;'; -1 204.57' Sw 346th PL , '26"E 502.37- ~8~ 17 7,338 SF", N lD N lD I~ W (¥) Z ~ <{ ':gW ..J -~,.: õo Y: oJ" (\ cr . - <( ~ ~ Q. / b 0 z 25 8,375 SF:!: - - - - -*.l! - .§.O~OQ'- -g, 3i.0..Q' - "1" .líi..OJ.: - tv68'~O' -776' < 7<"11' o. ~6J:?' i.J... -r-<::2.. - -- n f I-- ~ W n w -01 I :- If) 0 - 0 w - --2 W (j) - 6=90'00'31'..1 ~I R=25,00'--J i ;Ò L=39.27' i' 0 9 °9,317SFotl ------~----40----'- ú) I - -01 3; 01 , ú), 01 ~-;;; ~:~ 0 01 ' --2 ----- :-_----+gs --- 0 0 i 2 I 54,00' I 63,00' 1\ N89'40'26"E 519,00' : - - - - - - - - - - - - - _~TO_ANGLE_POINT-TRACT"':'D"--:o' - -1- - - - - - - - - - - - -'O-S-:; ~~E-; - ~ - -:â g -TRACT "0" g IÚ) 74887' 110 '<t 6 - ICe - ¡g; 8:2 7 is;;; 8 0 9,000 SF", 0 8,100 SFot ú) ú) 3' -~ n 01 ~'" z", ~':iö I>:Wao : ~~<ñ 0 owg : 0.>-", o:¡; 0 f- 3F () ~8u <f: 1- ~ a:: w>- "- OIl>:' :)Ow 0. ::¡ 0. 60.00' UNPLA TTED N89'40'26'E 1274,35' -TO sw PLU CORNER S. LN, N. 1/2, S. 1/2, NE 1/4, SE 1/4, SEe. 24. T-21N, R-3E, W.,1 -------- ./ " / " / , ; \ / \ I \ I STREET MARGIN TYPICAL I \ 2' 2" I \ 1"'2' 2",,1 I \ L- -1.J I \ ' w::? TYPICAL WATER METER EASEMENT \ § é5 SEE LAKEHAVEN EASEMENT RESERVATION ..... Ö ~ SHEET) OF 4 "-~.:!::----./ 50 0 I I - - - 25 .. 50 ¡ 100 I LEGEND GRAPHIC SCALE ( IN FEET) 1 inch = 50 It. (1) ~ FOUND MONUMENT IN CASE SET MONUMENT IN U,SE * SCREW AND BRASS WASHER "DMP INC PLS 22962" IN CONCRETE IN 2" BY 24" GALVANIZED IRON PIPE 2' BY 2' EXCLUSIVE WATER METER EASEMENT SEE METER EASEMENT OETAIL THIS SHEET LEFT @ METER EASEMENT DETAIL SCALE: 1"=5' CURVE TABLE CURVE DELTA LENGTH RADIUS C, OS'SO'OS" 22,S,' 224,00' C4 13'41'41" 19.12' SO.OO' CS 'S'44'37" 26,17' SO.OO' C6 2S'31'12" 3S,63' SO.OO' C7 26'32'2," 37.06' SO.OO' CS OS'Ol'o7" 7,01' SO.OO' LOT CORNERS SET AS DESCR!8ED IN NOTE 4 SHEET 1 OF 4 FEDERAL WAY FILE No, 04-101152-00-SU SHEET 4 OF 4 SEE SHEETS 1 AND 2 OF 4 FOR ADDITIONAL NOTES . 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"-.. gè~~...",,~ '"""",,, "~,, ....,. ..,~- ...."..-, ..". :::'.:O.~'::~" """"..... "....., ""-C!Ao!!!Q!L \\9"-,,0»,,'" SU"'" ,.... ""ON" ""U'-" "0 00" ..".,....""".." ","'" " "" "'."",,"" """"',"LC "., """."'" D'("~.' '" "... ,., ""","", .... "" 'C..OO""" ~'"'.. '.OW' ""ON " ..". ">ON , "'" """on "'"""'" .. ". 'ON'",".' ",.."", .", 0 ¡'~;:> ::-:. "'C', m> ",..~... '" "'".,"" ..., Tim ¡¡ ~ 'g¡ ¡¡ """",,u,,~.. """",."", ~..............,..«,,~ "',"" "0, . "'.O" ------- H -- ----- -- OPE>' ,.'A ' J. t--1,j~ -- - < (ÕÕ) ~ '"", " " ' --- OPeN SPACE ""."" "'c"',,, I ,."..., .w~"'" . '........, I . "",. ~~";;." ."...~, -- ,. - - -- - ., - -- -. -- 1: - --- - -- - --- -- -... ,- -- --- ""'.",'.0""""."",,, .."".' ",......, """, >-"'.....-- ~~"::; ::.:C :'.. , ¡¡ -- ',1_- i II I Ci:!Y e - 0 ~ Ii, 11:1 . i} . ,q f ¡ ~ ~ ., I ~ ~ I ~ ~ r ; ¡ (j)'" w~ I ~- I () ,8 !~ . :J ~:, > >- z ~ < a. a: ~ w 0 ~~ u 2 a:~ < Q.- ..J 2 >- a:a ~ w!E ...J < ...J > W >- ~ 8: i ~ ~ II ---i .-- w'" ----- "~,.,,,'" .. ~~. ~~^"~~, --- ,..".,,"- ~" V"'~ .:'.~,m-- .~-'f RESOLUTION NO. 00-324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF KELLER, FEDERAL WAY FILE NO. SUB98-0008 (98-103945-00-SU). WHEREAS, the applicant Dick Schroeder, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Keller, consisting of 14.03 acres, into forty-four (44) single family residential lots located on the east side of the 34600 block of 21st Avenue SW; and WHEREAS, on April 15, 2000, a Mitigated Determination of Nonsignificance (MONS) was issued for the proposal by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.2IC, and no appeals of the MONS were filed; and WHEREAS, the Federal Way Hearing Examiner held a public hearing on August 29, 2000, concerning the preliminary plat of Keller; and WHEREAS, following the conclusion of said hearing, on September 12, 2000, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings, conclusions and recommending approval of the preliminary plat of Keller, subject to conditions set forth therein; and EXHIBIT Þ PAGE I OF~ Res. 000-32'1 Page 1 OR\ GINAL ,- '\ ,-, WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny or modifY a preliminary plat and/or its conditions; and WHEREAS, on October 17, 2000, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by 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, potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and school grounds and all other relevant facts, as are required by City Code and state law or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. Res. #00- 32~Page 2 EXHIBIT D PAGE 2.. OF ~ 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application ApprovaL 8ased upon the recommendation of the City of Fcderal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Keller, Federal Way File No. S0898-0008 (98- 1O3945-00-S0), is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Hearing Examiner dated September 12,2000 (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City ,.()f-Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Res. #OO-32~Page 3 EXHIBIT P PAGE -LOF !f ~ { Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS -1l DAY OF October ,2000. CITY OF FEDERAL WAY ~~--< ",".. MA YOR, MI ... ' PARK CLERK, N. CHRISTINE GREEN, CMC è APPROVED AS TO FORM: ---ßrt C~ INTERIM CITY A TIORNEY, ROBERT S. STERBANK FILED WITH THE CITY CLERK: 10/09/00 PASSED BY THE CITY COUNCIL: 10/17/00 RESOLUTION NO. 00-324 Res. #00-32,4page 4 EXHIBIT :D PAGE 4: OF Jf:- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF DANVILLE STATION DIVISION II, FEDERAL WAY, WASHINGTON, FILE NO. 04-101152-00-SU WHEREAS, the preliminary plat for Danville Station Division II (fonnerly Keller Preliminary plat), City of Federal Way File No. 04-101 1 52-00-SU, was approved subject to conditions on October 17, 2000, by Federal Way Resolution No. 00-324; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 00-324 and in the September 12,2000, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant submitted the application for final plat for Danville Station Division II within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public - Works Department staff have reviewed the proposed final plat for its confonnance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the September 3, 2004, Staff Report; and WHEREAS, the City Council Land Useffransportation Committee considered the application for the Danville Station Division II final plat at its September 13, 2004, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat for Danville Station Division II during the Council's September 21,2004, meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. l. The final plat for Danville Station Division II, City of Federal Way File No. 04-101 1 52-00-SU, is in substantial confonnance to the preliminary plat and is in confonnance with applicable zoning Res. # , Page] EXHIBIT e PAGE---L-OF ?1 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 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, play grounds, and schools and school grounds as are required by City Code, or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only 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 the Federal Way Resolution No. 00-324 and the conditions listed in the September 12,2000, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the September 3, 2004, 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 Approval. Based upon the Findings and Conclusions contained in Section 1 above, the final plat of Danville Station Division II, City of Federal Way File No. 04-101152-00-SU, is approved subject to satisfaction of compliance with plat conditions and conditions required by the Public Works Director as identified in the Staff Report and as required by applicable codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. , Page 2 EXHIBIT e PAGE Z, O¡:--3- Res. # ...............,...........,..uuu"a",""""",...ua.. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2004. City of Federal Way Mayor, Dean McColgan Attest: City Clerk, N. Christine Green, CMC Approved as to Fonn: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: RESOLUTION No: Res. # , Page 3 EXHIBIT PAGE ~ OF f: 3 ~I schneider homes. inc. 6510 Southcenter Boulevard. Suite #1 . Tukwila. WA 98188. (206) 248-2471 . FAX (206) 242-4209 June 7,2004 Jim Harris City of Federal Way P. O. Box 9718 33530 1st Way S Federal Way, WA 98003-6221 Re: Plat ofDanville Station Division 2 (formerly Keller) City permit # 04-101152-00-SU f1 E SUB IV] i T'TE 0 JUN D ?2nOt () Y{ - J 01 J 5 2 - ~ Dear Jim: The City's review comments in the May 21 Memo have been addressed thus: 1. "... the City must approve a landscape plan. . . " The plan has been submitted for review and comments. It is acknowledged that arterial buffer and open space landscaping, as well as significant tree replacement, must be complete prior to recording. a. In the open space and arterial landscaping that lies within the BP NPSE easements the Leyland Cypress that was formerly proposed has been deleted and replaced with Kwanzan Flowering Cherry. b, Eight replacement significant trees are now shown on the plan. c. The landscape plan has been signed by a licensed landscape architect. 2. "... the arterial landscape buffer, open space landscaping, significant tree replacement, and recreational facilities must be completed prior to final plat approval. " This is acknowledged. 3. "... identify the location of existing buildings. . . Existing buildings are now shown; specifically, the building on lot 44 is shown. 4.. " . . . addresses for each lot must be shown. . . "" Addresses are now shown. 5. .. . . . lot closures must be stamped and signed by a professionall~XHíBí~ y PAGE I OF?Þ www.schneiderhomes,com SC-HN-EI-245 P8 Lot closures are now stamped and signed by a professional land surveyor. 6. "... provide a separate I O-foot wide landscape buffer tract along 21st Ave SW. . . A 10-foot buffer has been added as directed. 7. "... the cul-de-sac bulb. . . needs to be located 10 feet to the east. .. " The bulb has been relocated 10 feet to the east. 8. "Your. .. inquiry regarding dedication of the trail. . . has been forwarded. . . for review and decision. . . " Acknowledged. 9. "... Note I I ... to state: Tracts C and D may not be subdivided or used for financial gain" Note 11 has been modified as directed. I O. "Provide a copy of proposed CC&Rs together with documents that establish and govern any homeowners' association. " Attached. 11. "Provide statements of approval for water-and sewer. . . " Will be forwarded when received. 12. ". . .all items on the final. . . punch list must be completed" Acknowledged. 13. ". .. the exact dimensions and location [of the cul-de-sac bulb] must be shown on the final plat map. " The dimensions and location are shown. 14. "A bond quantities worksheet must be provided. . . " Abond quantities worksheet is attached. 15 "... A bond must be in place prior to final plat approval. . . " Acknowledged. EXHIBIT Y PAGE z.. OF ~ 16. "Raised pavement markers. . . must be installed or bonded. . . " The cost for the markers is included in the bond quantities worksheet. 17. ". . . pond landscaping must be installed prior to final plat. . . " Acknowledged. 18. "Address all comments on the enclosed final plat map redline. " All comments are addressed with the exception of the comment under Land Surveyor's Certificate, for which exemption was granted by Ann Dower via email. 19. "The traffic impact pro-rata share of $89,300.00 must be paid prior to final plat approval. " The check is expected to come as the plat gets close to sending to the Land Use Committee. Respectfully, SCHNE~. HOMES, INC. 1// . - V D~S redson, P .E. Man er of Development & Construction EXHIBIT F PAGE ~ ~OF '? ~ CITY OF If/' - ~ Federal Way DEP ARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM FROM: Jack Dovey, Chair Land Use and Transportatìon Committee Jim HlUTis, Senior Plano~~ . David M~age' Lakota Crest PrelimInary Plat Application No. 98-1 03452-00-SU To: VIA: RE: DATE: September 7, 2004 I. STAFF RECOMMENDA nON Staff recommends the Land Use and Transportation Committee forward to the City Council a recommendatio~ approving the Lakota Crest preliminary plat with conditions, based on the findings and conclusions in the August 10,2004, Report and Recommendation by the Federal Way Hearing Examiner. II. SUMMARY OF ApPLICA nON The applicant requests approval of a 43-10t residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. III. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision at a public meeting, after review ofthe Hearing Examiner's recommendation. Consistent with City procedures, preliminary plat applications are brought to the Land Use and Transportation Committee for review and recommendation prior to review by the full Council. IV. HEARING EXAMINER'S RECOMMENDA nON On August 10,2004, the Federal Way Hearing Examiner issued a Report and Recommendation (Exhibit A) to approve the proposed preliminary plat. The Hearing Examiner's recommendation includes all conditions recommended by staff. The Examiner's recommendation was issued following consideration of the following: staff report (Exhibit B); testimony presented at the July 20, 2004, public hearing; staff memoranda to the Hearing Examiner dated July 26,2004 (Exhibit C); and July 26, 2004, letter from Brian Lawler, Attorney representing the applicant (Exhibit D). The Hearing Exàminer's recommendation is subject to the following conditions of preliminary plat approval: 1. Final plat approval shaH require fun compliance with drainage provisions set forth in the FWCc. Final review of the storm drainage engineering plans will occur in conjunction with full engineering review. 2. As required by the Public Works Department, the applicant shall designate and provide an onsite Erosion Sediment Control Supervisor, who possesses a Construction Site Erosion and Sediment Control Certification. This ESC Supervisor will be available for the duration of the project. The qualifications and responsibilities of the ESC Supervisor are outlined in the KCSWDM. The City may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. 3. Based on FWCC Section 20-179 and due to potential erosion impacts, drainage impacts, and visual impacts, clearing and grading of the entire site shall not be permitted in conjunction with construction of the plat infrastructure. Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately Yz of the proposed lots) shall be generally consistent with the clearing limits depicted on the redline Preliminary Grading and Utility Site Plan (Exhibit 20). The clearing limits red-lined on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would result in large cut or fill slopes on future lots. The clearing and grading limits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. In accordance with FWCC Section 20-179 and 22-1668, existing mature vegetation shall be retained on the site to the maximum extent feasible. In any event, in accordance with FWCC requirements, a minimum of 25 percent of the existing significant trees shaH be retained during construction of the initial site grading. A significant tree retention/replacement plan shall be reviewed and approved by the Community Development Department prior to issuance of construction permits. 4. Prior to approval of construction plans, the applicant shall provide written approval from Federal Way Public Schools for installation of a gate, or other approved device, or approval of alternative access to aHow school children to access Lakegrove Elementary School from the site. The pedestrian improvements shaH also be approved by the City prior to construction plan approval, and completed prior to final plat approval. 5. Prior to final plat, the applicant shaH design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards. Prior to construction, the applicant shall provide approval of the landing design and location from Metro. 6. As required by the Public Works Department, grading around the ponds shall be done in such a way as to reduce or eliminate the need for walls, rockeries, and slopes greater than 3: 1. Land Use and Transportation Committee Lakota Crest Preliminary Plat 98-103452 / Doc. I.D. 28549 Page 2 V. PROCEDURAL SUMMARY September 8, 1998 November 24, 1998 July 10, 2003 August 19,2003 May 5,2004 July 20, 2004 July 27,2004 August 10, 2004 Date of application for 52-lot Lakota Crest preliminary plat Date application determined complete Revised 43-lot preliminary plat submitted Revised Notice of Application issued Environmental determination issued Hearing Examiner Public Hearing (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) Hearing Examiner Record closed Hearing Examiner issued recommendation of conditional approval of preliminary plat to the City Council September 13, 2004 City Council Land Use and Transportation Committee meeting (This committee forwards a recommendation to the full Council for a decision at a public meeting [see Section VII, below].) VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new issues or information not contained in the Examiner's record); and the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-126(c), as noted below: 1. Consistency with the Federal Way Comprehensive Plan; 2. Consistency with all applicable provisions of the FWCC, including those adopted by reference from the comprehensive plan; 3. Consistency with the public health, safety, and welfare; 4. Consistency with the design criteria listed in Section 20-2; and 5. Consistency with the development standards listed in Sections 20-151 through 157, and 20- 178 through 20-187. Findings and conclusions that the application is consistent with these decisional criteria are set forth in the Hearing Examiner's report and recommendation. 98-103452/ Doc I.D. 28549 Page 3 Land Use and Transportation Committee Lakota Crest Preliminary Plat VII. COUNCIL ACTION VIII. EXHIBITS *Non: The Federal Way City Council's review of the application is limited to the record of the hearing before the Hearing Examiner, oral comments received during the Public Meeting (so long as those comments do not raise new issues or infonnation contained in the examiners record), and the Examiner's written report. The City Council may receive new infonnation not in the record pursuant to FWCC Section 20-127(b). A draft resolution approving the proposed preliminary plat as recommended by the Hearing Examiner is attached. After consideration of the record, the City Counci I may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-127: I. Adopt the recommendation; or 2. Reject the recommendation; or 3. Remand the preliminary plat back to the Hearing Examiner, pursuant to FWCC Section 20- 127(b); or 4. Adopt their own recommendations and require or approve a minor modification to the preliminary plat, pursuant to FWCC Section 20-127(d). PROPOSED MOTION I move that the Land Use/Transportation Committee forward to the City Council, and place on the September 21, 2004, City Council consent agenda, a recommendation approving the Lakota Crest Preliminary Plat Resolution. A. B. C. D. E. Hearing Examiner Report and Recommendation, August 10, 2004 Staff Report to Hearing Examiner, July 20,2004 * Staff Memoranda to the Hearing Examiner, July 26, 2004 Letter from Brian Lawler, Attorney representing the applicant, July 26,2004 City Council Draft Resolution for Lakota Crest Preliminary Plat Approval A full copy of the Staff Report to the Hearing Examiner, with exhibits, is available in the City Council Room. ApPROVAL OF COMMITTEE REPORT Jack Dovey, Chair Michael P~rk, Member Eric Faison, Member 98-1034521 Doc. I.D. 28549 Page 4 Land Use and Transportation Committee Lakota Crest Preliminary Plat CITY OF ., ED ERA'L ~ CITY HALL 33530 1 st Way South PO Box 9718 (253) 661-4000 Federal Way, WA 98063-9718 ~~FD J Vj AUG ¡ ¡ 2004 ¡ /D; ~:----J City or ",-, August 1 O! 2004 ESM Consulting Engineers LLC Mr. Phillip Kitzes 720 South 348th Street Federal Way, WA 98003 RE: PRELIMINARY PLAT OF lAKOTA CREST Dear Applicant: Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner relating to the above-entitled case. Very truly yours, c; s$ftux, JR, HEARING EXAMINER SKC/ca cc: All parties of record City of Federal Way (j ; ~J-' ~F, . ~ tJ-' EXHIBIT II PAGE--L-OF ~ Page - 2 CITY OF FEDERAL WAY 1_--:::---- 'c-- r ~- 1('" 'i-\] :-.-0 -:--.-..-- 0 Cc:;¡ ~ I;:~ U" 11// ;":::-.-;;;::-"~ ~:::, l!J U" , h, " -'" II"~! -,I I i! I J ¡ I AUG 7 1 2004 I! U) ~ . ¡"---" -C~K'-Ot' ' C ty "':) 'Ire I of Federal ~\;ay OFFICE OF THE HEARING EXAMINER IN THE MA ITER OF: ) ) ) ) ) I. . SUMMARY OF APPLICATION LAKOTA CREST PRELIMINARY PLAT FWHE# 04-06 98-103452-00-SU The applicant is requesting preliminary plat approval to allow construction of a 43 lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions" and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 20, 2004 August 10, 2004 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Jim Harris, Senior Planner, City of Federal Way Rick Perez, Traffic Engineer, City of Federal Way Brian Lawler, Attorney for Applicant, 1001 Fourth Avenue Plaza, Suite 4300, Seattle, Washington 98154 Phillip Kitzes, ESM Consulting Engineers, LLC, 720 South 348th Street, Federal Way, WA 98003 Jim Holland, P.O. Box 1600, Orting, WA 98360 Jack Willing, Northwest Land Development, 1601 - 114th Avenue SE, Suite 100, Bellevue, WA 98004 Larry Peterson, ESM Consulting Engineers, LLC, 720 South 348th Street, Federal Way, WA 98003 . Greg Heath, Heath & Associates, 2214 Tacoma Road, Puyallup, WA 98371 Karen Jorgenson, Assistant City Attorney, City of Federal Way Marylyn Gates, 31404 - 7th PI. SW, Federal Way, WA 98023 Robert Roper, 525 SW 312th St, Federal Way, WA 98023 Bill Murphy, 31315 - 2nd Avenue SW, Federal Way, WA 98023 Duncan Blanchard, 31460 - ¡th PI. SW, Federal Way, WA 98023 EXHIBIT ~ PAGE-2-0F Page - 3 14. 15. 16. Pat Raine, 31430 - 7th PI. SW, Federal Way, WA 98023 Barbara Hartloff, 31434 - 7th PI. SW, Federal Way, WA 98023 Greg Fewins, Senior planner, City of Federal Way At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Staff Report with all attachments (preliminary plat) Staff Report with all attachments (SEPA appeal) Power Point Presentation (hard copy) Preliminary Grading and Utility Site Plan Mass Grading Issue (outline) Colored photographs (labeled 6A-6D) Map entitled "Lakota Crest Area WIde Exhibit" Letter submitted by Robert Roper dated July 20, 2004, with attachments Tacoma News Tribune article dated July 8, 2004 Tacoma News Tribune article dated September 30,2003 Map entitled "Overall Drainage Basin Lakota Crest Site and Mirror LakelFishers Bog" III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 2. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). The applicant has a possessory ownership interest in an unimproved, rectangular, 10.88 acre parcel of property located northwest of the intersection of SW 312th Street and 1st Avenue South within the City of Federal Way. The parcel encloses a 7-11 store located at the northwest corner of said intersection. The applicant requests preliminary plat approval to allow subdivision of the site into 43 single family residential lots. 4. The preliminary plat map shows access provided from both 1st Avenue South EXHIBIT ~ PAGE --3-0F 5. Page - 4 6. 7. and SW 312th Street and a looped road system providing internal access to all future lots. The preliminary plat proposes an average lot size of 7,636 square feet and a minimum lot size of 7,200 square feet. Landscape perimeter buffers in four tracts will measure .22 acres, and two storm drainage tracts located adjacent to SW 312th St. will measure atotal of 1.03 acres. The site is located within the Single Family High Density designation of the Federal Way Comprehensive Plan and the Single Family High Density (RS-7.2) zone classification of the Federal Way City Code (FWCC). Said zone classification authorizes single family residential dwellings on minimum 7,200 square foot lot sizes as outright permitted uses. The proposed plat complies with the bulk regulations of the RS-7.2 classification. Abutting uses along the north property line include a multi-family complex in the RM-1,800 zone classification and an elementary school in the RS-7.2 classification. Single family residential homes and vacant parcels located east of 1st Avenue South opposite the site are located within the RS-7.2 classification and the Professional Office (PO) zone classifications. 8. Parcels abutting the west property line are located within the RS- 7.2 zone classification and improved with a church and single family dwellings. Parcels to the south across SW 312th St. are also located in the RS- 7.2 classification and improved with single family residential dwellings. The 7-11 store at the NW corner of the intersection is located within the Neighborhood Business classification. The parcel is approximately one-eighth mile north of French Lake Park and three-quarters of a mile east of Lakota Park, both of which can provide recreational opportunities for future plat residents. 9. The plat map shows rectangular lots which include five panhandle lots. The building setback lines shown on the map establish that each lot contains an adequate building area. The applicant will construct sidewalks along all street frontages to include both sides of internal plat roads. The required half street improvements on 1st Avenue South and SW 312th Street will include eight foot wide sidewalks and six foot planting strips. The applicant will also provide a concrete, passenger shelter footing and landing pad for Metro Transit along the 312th Street frontage. 10. GeoResources, a geotechnical engineering firm, prepared a geotechnical report for the site (Exhibit "6") and determined the soils suitable for residential development. The Alderwood Gravelly Sandy Loam soils have slow runoff and EXHIBIT A PAGE~OF ---1£ Page - 5 11. 12. slight erosion hazard. The topography of the site ranges from generally flat to gently to moderately sloping in the west portion. Vegetation consists primarily of second growth forest with a mixture of conifer and broad leaf deciduous trees and a dense understory of native shrubs. The applicant must submit and obtain approval of a tree clearing and landscape plan in accordance with Section 20- 186 FWCC. No regulated wetlands or streams exist on the site. In accordance with Section 20.178 FWCC, the applicant will provide a ten foot wide, Type 3 landscape strip along both arterial roads to provide buffering for the new residential dwellings. The applicant will construct internal plat roads to City local access standards corresponding to a cross-section W which requires 28 feet of pavement, vertical curb and gutter, four foot wide planter strips with street trees, five foot wide sidewalks, and three foot wide utility strips within a 52 foot wide right-of-way. The applicant will also construct half street improvements on 1st Avenue Southwest and SW 312th Street in accordance with minor arterial standards corresponding to a cross-section K. The said improvements will include 22 feet of pavement as measured from centerline to curb, vertical curb and gutter, six foot wide planter strip with trees, eight foot wide sidewalk, street lights, and a three foot wide utility strip. The half street right-of-way width will measure 39 feet. The applicant must dedicate a three foot wide strip along its frontage with SW 312th Street to accommodate the improvements. The required off-site traffic mitigation is set forth in the Revised Mitigated Determination of Nonsignificance and includes pro rata share payments to seven City transportation improvement projects in the total amount of $49,588.29. The Federal Way School District determined that students will walk to the schools which will serve the site, namely lake Grove Elementary, Lakota Junior High, and Federal Way Senior High. The applicant will provide access to lake Grove Elementary via a 15 foot wide walkway extending from the internal plat road north to the school grounds. Sidewalks exist along all walking routes to lakota Junior High and Federal Way High School. The applicant must also comply with the City School Impact Fee Ordinance and make a per lot payment to the district to offset the impacts of school aged children residing in the plat. 13. The lake Haven Utility District will provide both domestic water and fire flow to the site and sanitary sewer service to each lot. The Federal Way Fire Department will require the installation of hydrants within 350 feet of each lot. 14. The Mirror lake residents association raised substantial con~~~~;~g ;; ~ Page - 6 15. 16. impact of stormwater runoff from the site on the water quality of both Mirror lake and Fishers Bog located downstream. During periods of heavy rainfall Fishers Bog backflows into the lake. Concerns specifically include an increase in phosphorus from the stormwater runoff which would encourage the same that algae growth affects other lakes such as lake Steilacoom in lakewood, Washington. Residents commissioned Taylor Associates, Inc., to perform a qualitative review of documents prepared by the applicant and City staff addressing stormwater quality and impacts on the lake. Based upon said review, residents request the addition of several additions of approval to include stormwater quality treatment consistent with the Sensitive lake Protection Menu of the King County Surface Water Design Manual (KCSWDM). City staff has required and the applicant has agreed to treat the stormwater in accordance with the Resource Stream Protection Menu in the KCSWDM for both Fisher's Bog and Mirror lake. The applicant submitted a completed application for preliminary plat approval to the City in 1998, and in accordance with RCW 58.17.033, vested the plat for consideration in accordance with the comprehensive plan, zoning, and land use ordinances in effect on said date. However, on July 1, 2003, the applicant agreed to waive its vested rights and have the project reviewed under current FWCC standards (Exhibit "19"). Present City standards require the applicant to design the storm drainage system to meet the Resource Stream Protection Menu. The City environmental official did not impose mitigating measures pursuant to SEPA requiring compliance with the more strict Sensitive lake Protection Menu, and since no appeals were filed of that determination, it is now final. Testimony at the hearing established that complex stormwater issues arising from surface water runoff from the plat to the Mirror lake and Fishers Bog drainage basins have delayed development of the plat. The site is split into two different drainage basins of approximately the same size. In each basin the stormwater system will collect stormwater runoff in catch basins and area drains and direct said water via underground pipes to one of the combined stormwater detention/water quality facilities. The stormwater from the facility serving the western portion of the site will discharge to a drainage ditch flowing west along SW 312th Street which eventually discharges into Mirror lake. The eastern pond will discharge water to a conveyance system along 151 Avenue South which flows south and west to Fishers Bog. Prior to discharge the stormwater will flow from a wet pond detention combination through a basic sand filter downstream of the wet pond. According to the applicant's engineer, the system will remo.ve A EXHIBIT P AGE ---.ftL 0 F .Jí. Page - 7 17. 18. 19. 20. approximately 50% of the phosphorus. According to Exhibit "11", the Mirror Lake sub-basin area consists of 200 acres, and the portion of the Lakota Crest subdivision therein measures .5 acres or approximately 2.7% of the sub-basin. The Fishers Bog sub-basin area measures 343 acres, and the portion of the Lakota Crest subdivision therein measures 5.3 acres or 1.5% of the sub-basin. Treatment as proposed in accordance with City standards will ensure that the runoff from the project will not adversely impact the water quality of either Mirror Lake or Fishers Bog. The applicant will also reduce the elevation of the downstream discharge from Fishers Bog which prevent future backflow from the bog into Mirror Lake. Construction of the storm drainage system in accordance with the requirements of City standards will ensure protection of water quality for Mirror Lake and Fishers Bog. ~ The applicant has requested authority from the City to allow mass grading of the site which means that all roads, utilities, lot areas, and storm drainage facilities will be prepared for construction and all vegetation removed. The applicant cites valid reasons for mass grading to include better quality control by the geotechnical engineer, protection of geologically hazardous areas, and a '"'balance of cut and fill. The cut and fill balance would"eliminate the need for stockpiling material and the necessity of importing and exporting materials from the site. The applicant also asserts that mass grading will reduce erosion, decrease the risk for sedimentation of the existing 'public storm drainage system, reduce impacts to existing on-site residences, and allow control over the entire site as opposed to piecemeal grading by individual builders. The City agrees that mass grading has positive benefits especially in the area of reduced truck traffic, but asserts that mass grading significantly, adversely impacts the aesthetics of the area. Furthermore, the City points to Section 20- 179 FWCC which reads as follows: 20-179 'Retention of Vegetation a. All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading as shown on approved EXH I B IT 'is: PAGE -=:LOF Page - 8 engineering plans. A preliminary clearing and grading plan shall be submitted as part of preliminary plat application. b. Existing mature vegetation shall be retained to the maximum extent possible. Preservation of significant trees pursuant to FWCC 20-1568 shall apply solely to the development of each single family lot at the time a building permit is applied for. (emphasis supplied) The Federal Way City Council has enacted strong criteria requiring retention of natural vegetation "to the maximum extent possible". Such criteria is inconsistent with mass grading. While the applicant has submitted cogent arguments on behalf of mass grading, such arguments could be made on many preliminary plat sites, and thus, if accepted, would essentially change a strong City policy. Similar arguments were likely made to the City Council prior to its adoption of Section 20-179 FWCC. Therefore, staff properly enforced said section with a condition prohibiting mass grading. Furthermore, the geotechnical report (Exhibit "6") under the paragraph entitled "Erosion and Sedimentation Control" reads in part: Removal of natural vegetation should be minimized and limited to the active construction areas. Thus, both the FWCC and the geotechnical engineer do not favor mass grading. 21. Prior to recommending approval of a proposed preliminary plat to the Federal Way City Council, the Examiner must find that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: A. The project is consistent with the Single Family High Density designation of the Federal Way Comprehensive Plan as it proposes minimum lot sizes of 7,200 square feet, consistent wìth density allowances and policies applicable to single family residential development. EXHIBIT A PAGE---1-0F .J£ Page - 9 B. The project is consistent with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. The preliminary plat must comply with the provisions of FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; and Chapter 22, "Zoning". Construction of single family homes must comply with all applicable development codes and regulations. C. The project is consistent with the public health, safety, and welfare. All facilities and services are available to serve the preliminary plat, and the storm drainage system will protect water quality in Fishers bog and Mirror Lake. D. The project is consistent with the design criteria set forth in Section 20-2 FWCC. These design standards address effective use of the land, promotion of safe and convenient travel on streets, and provision for the housing needs of the community. E. The preliminary plat complies with the development standards set forth in Sections 20-151 through 157 and Sections 20-158 through 187 FWCC. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. 3. 3. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, water supplies, sanitary waste, fire protection, transit stops, parks and recreation and playgrounds, schools and school grounds, and safe walking conditions. The proposed plat will serve the public use and interest by providing an attractive location for a single residential subdivision while at the same time protecting downstream critical areas and therefore should be approved. The Federal Way City Council should approve the proposed preliminary plat EXHIBIT A PAGE~OF -----'Í. Page - 10 subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Final review of the storm drainage engineering plans will occur in conjunction with full engineering review. 2. As required by the Public Works Department, the applicant shall designate and provide an onsite Erosion Sediment Control Supervisor, who possesses a Construction Site Erosion and Sediment Control Certification. This ESC Supervisor will be available for the duration of the project. The qualifications and responsibilities of the ESC Supervisor are outlined in the KCSWDM. The City may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. 3. Based on FWCC Section 20-179 and due to potential erosion impacts, drainage impacts, and visual impacts, clearing and grading of the entire site shall not be permitted in conjunction with construction of the plat infrastructure Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately % of the proposed lots) shall be generally consistent with the clearing limits depicted on the red line Preliminary Grading and Utility Site Plan (Exhibit 20). The clearing limits red-lined on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would result in large cut or fill slopes on future lots. The clearing and grading limits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. In accordance with FWCC Section 20-179 and 22-1668, existing mature vegetation shall be retained on the site to the maximum extent feasible. In any event, in accordance with FWCC requirements, a minimum of 25 percent of the existing significant trees shall be retained during construction of the initial site grading. A significant tree retention/replacement plan shall be reviewed and approved by the Community Development Department prior to issuance of construction permits. ~XHIBI'T -'L- PAGEJ/LOF -'.S:. Page - 11 4. Prior to approval of construction plans, the applicant shall provide written approval from Federal Way Public Schools for installation of a gate, or other approved device, or approval of alternative access to allow school children to access Lakegrove Elementary School from the site. The pedestrian improvements shall also be approved by the City prior to construction plan approval, and completed prior to final plat approval. 5. Prior to final plat, the applicant shall design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards. Prior to construction, the applicant shall provide approval of the landing design and location from Metro. 6. As required by the Public Works Department, grading around the ponds shall be done in such a way as to reduce or eliminate the need for walls, rockeries, and slopes greater than 3:1. RECOMMENDATION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Lakota Crest subject to the conditions contained in the conclusions above. TRANSMITTED THIS \D ~ DAY OF August, 2004, to the following: AGENT: ENGINEER: ESM Consulting Engineers LLC Mr. Phillip Kitzes 720 South 348111 Street Federal Way, WA 98003 ESM Consulting Engineers LLC Mr. Andrew Martin Larry Peterson 720 South 348111 Street Federal Way, WA 98003 fE}{...n8åT A PAGE--1LOF ~ Page - 12 OWNER: Lyle Homes 11555 SE 8th Street,Suite 140 Bellevue, WA 98003 Bob Roper 525 SW 312th Street Federal Way, WA 98023 Bill Murphy 31315 2nd Avenue SW Federal Way, WA 98023 Greg Heath Heath and Associates 2214 Tacoma Road Puyallup, WA 98371 Jim Holland P.O. Box 1600 Orting, WA 98360 Duncan Blanchard 31460 - 7th PI. SW Federal Way, WA 98023 Pat Raine 31430 - 7th PI. SW Federal Way, WA 98023 Marie Trotignon 426 SW 316th St. Federal Way, WA 98023 David Ling 1937 NE 107th SE Seattle, WA 98125 Barbara Hartloff 31434 - 7th PI. SW Federal, WA 98023 Kris Box & Val Aker 31422 - 7th PI. SW Federal Way, WA 98023 Marylyn Gates 31404 - 7th PI. SW Federal Way, WA 98023 Justin Lagers P.O. Box 4011 Federal Way, WA 98063 Margaret Patjens 418 SW 316th Federal Way, WA 98023 Taylor Associates, Inc. 7104 Greewood Avenue N. Seattle, WA 98103 Sophia A. McNeil 605 SW 312th St. Federal Way, WA 98023 Christy White 31411 - 7th PI. SW Federal Way, WA 98023 [E}(tnß~7 A PAGE~OF ~ Page - 13 Dave Danforth 31238 - 8th Avenue SW Federal Way, WA 98003 City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 EXHIß~T Þ PAGE--B-OF -1í Page - 14 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to disçovèr or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the E)(H U31T A PAGE---N-OF~ (c) Page - 15 (d) plat; and The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. ~XHÐßrr A PAGE-tr-°F --tf- CITY Of: ~*pø::~,~:::<::::,>;~.".:/ Federal Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER LAKOTA CREST PRELIMINARY PLAT Federal Way File No. 98-103452-00-SU PUBLIC HEARING - July 20, 2004 FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33530 FIRST WAY SOUTH Table of Contents I. General Information........, ........ ...............".. ....... ......................".... ................... ....... ........ 1 II. Consulted Departments, Agencies, and Public.................................,.........................,......2 III. State Environmental Policy Act...................................................................................,...3 IV. Natural Environment........................................................................................................3 V. Neighborhood Characteristics ................., ,....................,...... ......... .......,................ ...........4 VI. General Design.. ...... ... ............................,... ..................,. ............... ............. ....,. ...... .......... 4 VII. Transportation ........ ............. ....... .,....... ..............,............................. ...............,... .............6 VIII. Public Services ............................,...................................................................................7 IX. Utilities................................................................................................,...........................8 X. Analysis of Decisional Criteria ................................,.................,......................................9 XI. Findings of Fact and Conclusion.................................................................................... 10 XII. Recommendation......... ..... ....." ...." """ ........................,... ...,..,.. ..,........ .......... .,.... ......,... 14 XIII. List of Exhibits.............................................................................................................. 15 Report Prepared by: 1\ Jim Hams, Senior Planner.:.;) \) July 13,2004 "" EXHIBIT B rl~ G E ---L 0FJ1 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT FOR THE PUBLIC HEARING OF JULY 20, 2004 LAKOTA CREST PRELIlVtINARY PLAT File :\0: 98-IO3452-00-SU Agent: ESM Consultll1g Engineers LLC Mr. Phillip Kitzes 720 South 34Sth Street Federal Way, WA 98003 Phone 425-251-6113 Engineer: ESM Consulting Engmeers LLC Mr. Andrcw Martin 720 South 348th Street Federal Way, WA 98003 Phone 425-251-6113 Owner: Lyle Homes 11555 SE 8th Street Suite 140 Bellevue, W A 98003 Phone: 425-646-6317 Action Requested: Prelimina¡y plat approval of a 43-lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110. Staff Representative: Jim Harris, Senior Planner, 253-835-2641 Staff Recommendation: Preliminary Plat Approval with Conditions (Refer to SectIon XII) GENERAL INFORMA nON A. Description of the Proposal- The applicant proposes to subdivide a vacant 10.8 acre lot into 43 resIdential smglc-family lots. The subject site is zoned RS 7.2, requiring a minimum lot size of 7,200 square feet per lot The proposed action is depicted in the following documents: prclimimuy plat map, July 3, 2003 (sheet 2 of 5); along with the Lakota Crest Prelimina¡y Grading and Utility Site Plan (sheets 1 and 2), March 8, 2004; Lakota Crest Fishers Bog Plan and Profile Improvements (sheet 5 of 5), July 3, 2003; and preliminary landscape plan by ESM, revised November 17, 2003 (~..i;~þi1 n", RT 12 l&-'b~t~J~Ø IJ. P,"J,,! ~.' ',r". " 01:' .-2 L :"'t. \.i; r: ~ . --I--L- Location - The site is located at the northwest quadrant of the intersection of 1st Avenue South and South 3 12th, in Federal Way, W A. The site does not, however, include the small commercial parcel of property directly at the northwest comer of the intersection. B. c. Parcel Nos. - 072104-9200. The site legal description is on the plat map. D. Size of Property - The subject site has a land area of 473,824 square feet (10.88 acres). E. Land Use and Zoning - Direction Site North South East West F. Zoning Comprehensive Plan Existing Land Use RS-7.i SF - High Density Vacant RS-7.2 and SF - High Density Elementary School RM-1800 Multiple-family Multi-family BN and Neighborhood Business Convenience-store and fast food RS-7.2 SF - High Density SFR2 PO Professional Office Vacant RS-7.2 SF - High Density SFR RS-7.2 SF - High Density Church and SFR Background - The preliminary plat of Lakota Crest was submitted on September 8, 1998 (E' ibit 2). The initial application was for a 52-lot plat and included a request for a rezone to RS 5.0. T e initial application was detennined complete on November 24, 1998. On July 10,2003, the applicant submitted a revised preliminary plat for a 43 single-family lot plat in confonnance wi the existing zoning lot size. The five-year delay was in large part due to a significant stonnwat r drainage issue that the applicant and City mutually analyzed. The drainage issue will be resolv by constructing improvements at Fishers Bog, that the applicant has proposed in conjunction 'th the revised preliminary plat application. In addition, the applicant withdrew the rezone request. In response to the revised preliminary plat, City staff deemed the revised application complete on August 19,2003. II CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRe), consisting of the Federal Way Comm 'ty Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public Safe (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. EXHIBIT PAGE OF-Jrl- IRS-7.2 = single family residential, 7,200 SF minimum lot size. 2SFR = sin Ie famil residential. Staff Report to the Hearing Examiner Preliminary Plat of Lakota Crest P ge2 98-103452-O0-SU / Doc I 27961 B All property owners within 300 feet of the site were mailed notices of the complete preliininmy plat application on November 25, 1998. The City also conducted other public notice on November 28, 1998 in accordance with City Code requirements. The applicant submitted a revised plat in 2003 and the City issued a notice of the revised complete application on August 20, 2003. A revised notice of land use application was mailed to owners of property within 300 feet of the site on August 20, 2003. The site was again posted and notice published in the newspaper and on the City's official notice boards. In response to the revised notice of application, the City received eight public comment letters regarding the proposal (Exhibit 3). c. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "EnvIronmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. III STATE ENVIRONMENTAL POLICY ACT A The City of Federal Way issued a Mitigated Environmental Determination ofNonsignificance (MDNS) (Exhibit 4) for the proposed action on May 5,2004. This detennination was based on review of infonnation on file, including the environmental checklist (Exhibit 5), and staff evaluation of the environmental checklist for Lakota Crest, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MDNS. B. The City received eleven comment letters during the 14-day SEP A comment period. The City responded in writing to all parties that provided written comments on the SEP A decision. C The City received a timely appeal of the SEP A MDNS from ESM Consulting Engineers on behalf of their client. Pursuant to FWCC Section 20-115, the SEP A appeal hearing and preliminary plat application hearing shall be held simultaneously. The staff report to the Hearing Examiner on the SEP A appeal is under separate cover. IV NATURAL ENVIRONMENT A Soils - The applicant provided a geotechnical engineering investigation by Geo-Resources, April 12, 1998 (Exhibit 6). Site soils are discussed in detail in the geotechnical report. The geotechnical report concludes that the site is suitable for residential development. The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgB). Alderwood soils are characterized as moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgB soils are described as capable for urban development, runoff is slow, and erosion hazard is slight. B Topography - The site has a slope falling gradually, generally from east to west. The site does not have any steep slopes or any other geologically hazardous areas. There are a couple of constructed cut slopes in excess of 40 percent, in the southeast portion of the site. However, since the cut slopes are constructed, these areas are not considered as geologically hazardous (landslide hazard) areas. e.' ~.7rt..!~n'! ë-.~ Mrc3 8 c;;~~ w-~ ~ L~ uJ pl\f\f: U n"'" - Page3 Ii \;~ C -=I-~~'" ~452-00-SU I Doc ID 27961 Staff Report to the Hearing Examiner Preliminary Plat of Lakota Crest v C. Vegetation - The site is heavily wooded and consists primarily of second growth forest with a mixture of conifer and broadleaf deciduous trees, with a dense understory of native shrubs. Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-186. City policy and FWCC Section 20-179 state "All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision... and; existing mature vegetation shall be retained to the maximum extent possible. " Retained significant trees outside of plat infrastructure areas are regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction. D. Wetlands - The applicant provided a wetland site evaluation letter from Terra Associates, April 23, 1997, that concludes there are no regulated wetlands or streams on the subject site (Exhibit 7). NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated generally in the north-central portion of the City. The site is located along two minor arterial roadways. The subject site abuts a small commercial property at the southeast corner of the site, and also abuts an elementary school and multi-family complex to the north. To the west are single-family residences and a church complex, and across 151 A venue is undeveloped property zoned professional office. B. Public Parks - The site is approximately 1/8 mile north of French Lake Park and approximately 0/4 mile east of Lakota Park. These parks provide recreational opportunities for residents in the area. VI GENERAL DESIGN A. Lot Size - The proposed Lakota Crest lots range in size from 7,200 square feet to 10,226 square feet. All lots on the preliminary plat map meet the minimum 7,200 square foot minimum lot size, except proposed lot number three is approximately 7,102 square feet. All lots must be a minimum of 7,200 square feet on the final plat map. B. Lot Layout - Most of the proposed lots are of rectangular shape, and five proposed lots gain access from panhandles connected to the lots. All building setback lines (BSBL) are depicted on the preliminary plat map, and each lot contains an adequate building area. The building setback lines for lots 5, 20, and 21 are incorrect and shall be revised on the final plat map to meet applicable FWCC requirements. Proposed lots 11 and 12 do not meet FWCC Section 20-152, requiring each lot to abut a public right-of-way. The fmal plat will need to revise these to meet applicable code requirements. Lot number 5 must include a panhandle width a minimum of 22- feet in order to provide a 12-foot wide driveway with five-foot side setbacks. c. Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on-site for open space, or a fee-in-lieu payment. Pursuant to FWCC Section 20-l55(b), the applicant has requested to pay a fee-in-lieu of providing on-site open space. The City P ARCS Director has agreed to a fee- in-lieu of on-site open space. The open space fee amount is 15 percent of the assessed land value at Staff Report to the Hearing Examiner Preliminary Plat of Lakota Crest . Page 4 PAGE--S:-°F ~8-103452-O0-SU I Doc ID 27961 the time of final plat approval. D. Subdivision Access and Roadway System - Access to the site will be via two new streets, which access 1st Avenue South and SW 3 12th Street. An interior looped street system is also proposed. Section VII of this report provides a detailed description of the proposed roadway system and improvements. E. Pedestrian System - Sidewalks will be provided along all street frontages. Specifically, interior full street improvements include five-foot wide sidewalks on both sides of the street. Half street improvements on 1st Avenue South and SW 3 12th Street will include eight-foot wide sidewalks and six-foot planter strips. Metro Transit commented on the proposal in a November 21, 2003, letter and requested construction of a concrete passenger shelter footing and landing pad along the 3 12th Street frontage (Exhibit 8). F Landscape Buffers - In accordance with FWCC Section 20-178, a ten-foot wide Type III landscape strip shall be provided along all arterial streets to shield new residences from arterial streets. The preliminary plat map provides for the required landscape buffers along both 1 5t Avenue South and SW 3 12th Street. G. Clearing and Grading - In a November 25, 2003, letter (Exhibit 9) to the City, the applicant has requested approval to clear and grade the entire site at the time of construction of the plat infrastructure. In summary, the applicant has proposed mass clearing and grading in order to balance on-site cut and fill of materials and eliminate the need to transport soils off-site. The applicant also identified in their November 25, 2003, letter that by allowing the developer to grade the entire site initially, potential sediment and containment runoff may be controlled by directing it to the ponds, prior to entering the existing stonnwater system. The applicant identifies that allowing initial clearing and grading of the entire site will reduce potential impacts to Mirror Lake. The applicant also identified in a July 3, 2003 letter, (Exhibit 10) that mass clearing and grading of the site is necessary because of the proposed deep on-site drainage ponds resulting in excess material to balance on~site, and without approval to mass grade the site, large stockpiles of excavated materials would be required on site? or material would need to be trucked off-site. As stated in an October 13, 2003, City staff letter to the applicant (Exhibit 11), based on FWCC provisions, City staff is not supportive of the extent of the clearing and grading proposed. Specifically, FWCC Section 20-179, states: "All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision. " "Existing mature vegetation shall be retained to the maximum extent possible, " Factors such as convenience of balancing on-site materials and avoiding transporting excess materials off-site, are not by themselves compelling reasons for City staff to support the mass clearing and grading request. City staff considered the following factors regarding the proposed clearing and grading: close proximity of the site to Mirror Lake and potential erosion and sedimentation impacts; proximity and visibility of the site from two abutting arterial streets; Staff Report to the Hearing Examiner Preliminary Plat of Lakota Crest BIT P~5 PAGE--1ø..-OF -4 9ß-1O3452-OO-SU I Dœ ,.,"', gradual slope of the site; balanced cut and fills; reduction of transporting excess materials; ability to stockpile excess materials; and visual impacts resulting from removal of all vegetation from the site, Including all but three significant trees. In addition, the April 12, 1998, Geotechnical Analysis by Geo Resources, under the Erosion Section recommends, " removal of natural vegetation should be mInImized and limited to active constructive areas," H. Vegetation and Significant Trees - The applicant's request to grade the entire site, also would result in removal of all the vegetation on the site, except, three significant trees are proposed to be retained, as depicted on sheet L-I. If mass clearing and grading the site is approved, the proposal to retain the three significant trees may not be achievable, due to the proposed grading, and due to the proximity of the three trees adjacent to new sidewalks, utility corridors, and drainage ponds. In addition, when removing all the vegetation on a 10.8-acre site and retaining three perimeter trees, the viability of the retained trees is questionable due to potential root disturbance and wind-throw VII TRANSPORT A nON A Street Improvements - Access to the site will be provided by two new public streets, which will connect to 1 st A venue South and S W 3 12th Street. Interior streets shall also be designed and constructed by the applicant per FWCC requirements. In accordance with FWCC Section 20-176, all street improvements must be dedicated as City right-of-way and improved to full street standards, except the frontage of I sl A venue South and the SW 3 12th Street frontage, where partial street improvements are permitted. A March 2004, revised Traffic Impact Analysis (TIA) by Heath and Associates was submitted for the project. The TlA is an exhibit to the associated SEP A appeal report. The City's Traffic Division has reviewed the project and concluded that the proposed street layout of the Lakota Crest subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. Pursuant to FWCC Section 22-1525, 1st Avenue SW and SW 312th Street along the project frontages shall be improved to Minor Arterial Standard corresponding to a Cross-Section "K." The required half-street improvements will include 22 feet of pavement (centerline to curb), vertical curb and gutter, six-foot planter strip with street trees, eight-foot sidewalk, streetlights, and a three-foot utility strip all within a 39-foot (half) right-of-way. Three feet of dedication will be required on SW 3121h Street to accommodate these improvements. No dedication will be required on I st A venue South. Internal plat streets shall be improved to Local Access Standard corresponding to a Cross-Section "W." The required street improvements will include 28 feet of pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot sidewalks, and three-foot utility strips with streetlights. All this shall be built within a 52-foot wide dedicated right-of-way. All internal streets shall have a minimum pavement section of three inches of Class B asphalt over seven inches of crushed surfacing top course. SW 312th Street and 1 sl Avenue shall have a minimum pavement section of 8" of Class A asphalt over 6" of crushed surfacing top course. Street lighting is required on all streets, pursuant to FWCC Section 22-1522. StafTReport to the Hearing Examiner Preliminary Plat of Lakota Crest EJ{F~~ß~T 98-103452-00-SU /Doc~:~:~ Pl{GE---1-0F -Ll- The Public Works Department and Federal Way Fire Department have approved preliminary roadway improvements and curve radius, as proposed. B. Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental Policy Act (SEP A). The SEP A mitigation conditions require construction of City Transportation Improvement Program (TIP) projects that are impacted by 10 or more PM peak hour trips, or alternatively, the applicant may voluntarily contribute a pro-rata share to the impacted TIP projects. As noted in Section III above, the applicant has appealed the SEP A detennination, and the SEP A appeal and traffic impact mitigation is discussed under separate cover to the Hearing Examiner for review of the SErA appeal. Required improvements to the project's street frontages are code-based requirements in the FWCC, and are independent of the SErA mitigation. VIII PUBLIC SERVICES A. Schools - The applicant provided a January 1999, School Access Analysis (Exhibit 12). The Federal Way School District reviewed the school access analysis and provided several comments dated as follows: March 5, 1999 (Exhibit 13), May 26, 1998 (Exhibit 14), and June 4,2003 (Exhibit 15). Written comments from the school district staff indicate current boundaries show Lakegrove Elementary, Lakota Junior High, and Federal Way Senior High schools will serve the proposed subdivision. Students will walk to each of the schools, as they are all less than one mile from the site. The school access analysis identifies that access to Lakegrove Elementary can be accommodated by installing a gate or opening in the school's fence, along the common property line between the school and the proposed subdivision. The school access analysis indicates that installation of this gate is a proposed mitigation and recommended condition. School pedestrian access to Lakota Junior High will be via existing walkways along SW 312th. A safe crossing of 312th currently exists at a marked crosswalk across SW 312th, just west of 4th Avenue SW. School pedestrian access to Federal Way High School will be via existing sidewalks as indicated in the School District's staff June 4, 2003 email. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as ;authorized by City ordinance and collected at the time of building permit issuance, are currently $3,269.00 per single-family housing unit. School impact fees are determined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. B. Public Parks - The Lakota Crest site is approximately 1/8 mile north of French Lake Park and approximately o/c mile east of Lakota Park. These parks provide recreational opportunities for residents in the area. On-site parks and open space requirements are discussed in Section VI of this report. Staff Report to the Hearing Examiner E"H I fO _1 Page 7 Preliminary Plat of Lakota Crest ^ . g~ 98-1O3452-O0-SU I Doc1D27961 PAGE-J-OFJ.:l- c. Fire Protection - The Certificate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Fire Department requires that a fIfe hydrant be located within 350 feet of each lot. The exact number and location of fIfe hydrants will be reviewed and approved by the Fire Department. IX UTILITIES A. Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District: A June 9, 2003, Certificate of Sewer Availability (Exhibit 16) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. B. Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A June 9, 2003, Certificate of Water Availability (Exhibit 17) indicates Lakehaven's capacity to serve the proposed development through a DEA. c. Drainage Facilities - Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The applicant's November 2003 preliminary stormwater Technical Information Report (TIR), (Exhibit 18) by ESM Consulting Engineers, LLC, was reviewed by the City's Public Works Department. The preliminary design proposes to collect and convey water through a series of pipes and catch basins into two storm drainage detention ponds and water quality treatment facilities located at the southeast and southwest corners of the site adj acent to S W 312 th Street. Level 3 flow control and Resource Stream Protection Menu water quality treatment is required for this site per the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. The applicant has proposed two wetponds, each followed by a sand f1lter, to serve the two separate basins on this site. As proposed, this design meets Level 3 flow control standard and both the Resource Stream Protection Menu and the Sensitive Lake Protection Menu. It can be expected to remove at least 80 percent total suspended solids, 50 percent total zinc (and other metals), and 50 percent total phosphorous. In addition, as part of the Lakota Crest project, the applicant has submitted plans and analysis supporting an offsite project to lower the outlet to Fishers Bog. This project is designed to reduce existing flooding problems within the Mirror Lake basin and alleviate any potential flooding problems resulting from the Lakota Crest Subdivision. Design and analysis of the off-site project at Fishers Bog project is provided in an April 4, 2002, memorandum by Tetra Tech/KCM, Inc. In order to mitigate potential erosion impacts to Mirror Lake downstream, the applicant shall designate and provide an onsite Erosion Sediment Control Supervisor, who possesses a Construction Site Erosion and Sediment Control Certification. e qualifications and responsibilities of the ESC SupervisQrar.Ç.,OJJ.tJÎIled' . the KC M. The City may further limit StafIReport to the Hearing Examiner II ¡j ¡;".,.¡ W Page 8 Preliminary Plat of Lakota Crest PAGE+OF ---1=1--' 98-103452-O0-SU / Doc 1027961 clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. The proposed flow control and water quality facilities, in conjunction with the Fishers Bog outlet project, are adequate to serve the proposed development. Final review and approval of the stonn drainage facilities as shown on the engineering plan will occur in conjunction with full drainage reView. Final review of the stonnwater quality and detention will occur in conjunction with the full drainage review. x ANALYSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications, Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application . and the recommendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. l. The project is consistent with the comprehensive plan. StajfComment: The application is subject to the adopted 2002 Federal Way Comprehensive Plan (FWCP), which designates the property as Single Family - High Density. The proposed land use, Single Family Residential plat, with 7,200 square foot minimum lot size (RS-7.2), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. StajfComment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. StajfComment: The proposed preliminary plat would pennit development of the site consistent with the current Single Family High Density land use classification of the FWCP and map. Proposed access and [¡Ie hydrant locations must meet all requirements of the Federal Way Fire Department. Future development of the plat and associated improvements including those proposed improvements at Fishers Bog in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. Staff Report to the Hearing Examiner Preliminary Plat of Lakota Crest , 0 P~9 E}( Ii H3 ~T ----.!2.-- 98-103452-O0-SU I Doc ID 21961 PAGE---"L_orr ~ XI 4 It is consistent with the design criteria listed in Section 20-2. StajJComment: The proposed preliminary plat would promote the purposes identified in FWCC SectIOn 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, and provision for the housing needs of the community. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5 It is consistent with the development standards listed in Sections 20-15 I through 157, and 20-158 through 187. StajJComment: Development of this site is required to comply with the provisions of FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable local and state development codes and regulations. As proposed, the plat is not consistent with the FWCC requirements in regard to preservation of trees and vegetation on the site Several minor items as discussed in the findings in regard to lot size, access width, and lot layout must be modified on the final plat map to comply with FWCC requirements. In addition, as proposed the plat does not comply with FWCC and Federal Way standards to mitigate potential visual impacts resulting from large walls and/or rockeries, and to minimize future (public) maintenance ofwalls/rockeries within the future public storm drainage facility. However, the final plat must meet all FWCC requirements for lot size, lot configuration, tract configuration, and access design With minor design changes to comply with FWCC requirements and recommended conditions of approval by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposed action is to subdivide a vacant 10.8-acre parcel into 43 single-family lots. 2. Pursuant to the applicants July 1,2003 letter (Exhibit 19), and the City's August 19,2003 Notice of Complete Application, the plat is subject to codes and policies in place on August 19,2003, including the 2002 Federal Way Comprehensive Plan (FWCP). 3. The subject property is designated Single Family High Density in the 2002 FWCP. 4 Zoning for the site is RS-7.2, (minimum lot size 7,200 square feet). As recommended with conditional approval, the proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations. One of the proposed lots does not meet the minimum lot size; however, a minor adjustment of final lot lines at the time of final plat can resolve the insufficient lot size. 5. An Environmental Mitigated Determination ofNonsignificance (MONS) was issued for this proposed action on May 5, 2004. The applicant has appealed the SEP A determination. The Hearing Examiner will review the SEP A appeal concurrently with the preliminary plat review. 6. As proposed, each lot contains an adequate size and shape buil ing envelope to contain a future StafTReport to the Hearing Examiner ~XH ~ ß rr Page 10 Preliminary Plat of Lakota Crest .- -" - --'., I'~'" -,., 98-103452-O0-SU/DocID27961 ~ A G ~ --11-0 ~,. ----I-f- single-family residence. Preliminary building setback lines (BSBL) are identified on the preliminary plat map. 7. No open space is proposed on site. Pursuant to FWCC Section 20-155, the applicant has proposed fee-in-lieu of on-site open space fee. The fee-in-lieu of on-site open space shall be paid at the time of fmal plat approval. 8. On the final plat map, the following modifications shall be made in order to comply with FWCC requirements; a) Lot number 13 shall be adjusted to include a minimum lot area of 7,200 square feet in order to meet the underlying minimum lot size of the zoning map; b) Proposed lots II and 12 do not meet FWCC Section 20-152, requiring each lot to abut a public right-of-way. These lots will need to be redesigned on the fmal plat map to meet applicable code requirements for access, alternatively, access to lots 11 and 12 could be provided by a 38-foot private street Section Y as pennitted by the FWCC Section 22-1528; c) Lot five shall provide a panhandle width of at least 22 feet as required by the Public Works Director; d) Pedestrian Tract G shall be revised to comply with FWCP Section ZZ consisting of a 20-foot wide tract with a 12-foot wide paved surface, unless otherwise modified by the Public Works Director. 9. The subject property is wooded with primarily second growth forest. Significant tree retention and/or replacement shall be provided in accordance with FWCC Section 20-179 and 22-1568. Trees that may be left on individual lots following the plat infrastructure construction may be removed during individual home construction and subject to retention and replacement standards of FWCC Section 22-1568. 10. In a November 25, 2003, letter (Exhibit 9) to the City, the applicant has requested approval to clear and grade the entire site at the time of construction of the plat infrastructure. In summary, the applicant has proposed the mass clearing and grading in order to balance the on-site cut and fill of materials and eliminate the need to transport soils off-site. The applicant also identified in their November 25, 2003, letter that by allowing the developer to grade the entire site initially, potential sediment and containment runoff may be controlled by directing it to the ponds, prior to entering the existing stonnwater system. The applicant identifies that allowing initial clearing and grading of the entire site will reduce potential impacts to Mirror Lake. The applicant also identified in a July 3, 2003, letter (Exhibit 10) that mass clearing and grading of the site is necessary because of deep on-site drainage ponds resulting in excess material to balance on-site, and without approval to mass grade the site, large stockpiles of excavated materials would be required on site, or material would need to be trucked off-site. The proposal for clearing and grading the entire site is not compliant with FWCC Section 20-179, which states: "All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision. " "Existing mature vegetation shall be retained to the maximum extent possible. " The topography of the site is a fairly gradual slope, and no regulated slopes are on the site. StafTReport to the Hearing Examiner Preliminary Plat of Lakota Crest (EXHcß~T PAGE-D-O? ---P- Page 11 98-1 03452-O0-SU I Doc ID 27961 Factors such as convenience of balancing on-site materials and avoiding transporting excess materials off-site are not sufficient reason to allow clearing and grading the entire site. The following factors support limiting the extent of clearIng and grading at the site: close proximity of the site to Mirror Lake and potential erosIOn and sedimentation impacts; proximity and visibilIty of the site from two abuttIng arterial streets, gradual slope of the site; ability to transport excess materials off-site; ability to stockpile excess materIals; and visual impacts resulting from removal of all vegetation from the site, including all but three significant trees. In addition, the April 12, 1998, GeotechnIcal Analysis by Geo Resources, under the Erosion Section recommends, "removal of natural vegetatIon should be mInimized and limited to active constructive areas." Areas where grading should be permitted are IdentifIed on a redline grading plan (Exhibit 18) The areas recommended for clearing and grading are the areas for right-of ways and utilities, as well as areas where the topography would result in cut or till slopes on lots that would require further extensive grading in conjunction with future home construction. Areas not recommended for clearing and grading are those areas where minimal grade. change is proposed on the preliminary grading plan, and the resultant grading is generally a convenience for infrastructure construction. II The proposed clearing and grading of the entire site would result in the removal of all but three signifIcant trees at the site. The proposed significant tree retention/replacement plan does not comply with FWCC Section 20-179 and 20-186. Provisions must be included for retentIOn and/or replacement of significant trees at the site, in accordance with applicable FWCC requirements. If replacement significant trees are necessary to meet FWCC requirements, the significant tree replacement trees shall be located in perimeter planter strips Tracts A, B, C, or D. 12. Prior to Issuance of construction permits, a final landscape plan, prepared by a licensed landscape archItect, shall be submitted to the City for approval in accordance with FWCC requirements. The landscape improvements shall be completed prIor to final plat approval, unless a tinancial guarantee is approved by the City for completion of the landscape improvements. The final landscape plan shall include, at a minimum, the following elements: A. Arterial buffer landscaping in Tracts A, B, C, and D per FWCC Section 20-178: B. Street trees In nght-of-way landscape planter strips per Public Works Department Standards; c. Landscaping of the Tract E and F ponds shall be in accordance with Public Works standards. If cyclone fencing is used around the storm drainage ponds, the fencing shall be coated black or green 13 In order to provide transit facilities for the proposed action, in accordance with RCW 58.17.110, Metro Transit has requested the developer to design and construct a bus stop shelter footing and bus stop landing In accordance with King County Metro standards. Prior to construction, the applicant shall provide the City with approval of the landing design and location from Metro. 14. In order to mitigate potential visual impacts resulting from large walls and/or rockeries, and to minimize future (public) maintenance ofwalls/rockeries within the storm drainage tracts, finish grading around the ponds shall be done in such a way as to reduce or eliminate the need for walls, rockeries and slopes greater than 3: 1. 15. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 Staff Report to the Hearing Examiner Preliminary Plat of Lakota Crest Page 12 98-1O3452-00-SU / Doc ID 27961 KCSWDM and the City's amendments to the manual. The applicant's preliminary stonn drainage TIR by ESM Consulting Engineers, LLC, as revised November 2003, was reviewed and accepted by the City's Public Works Department. Level 3 flow control and Resource Stream Protection Menu water quality treatment is required for this site per the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. The applicant has proposed two wetponds, each followed by a sand filter, to serve the two separate basins on this site. As proposed, this design meets Level 3 flow control standard and both the Resource Stream Protection Menu and the Sensitive Lake Protection Menu. It can be expected to remove at least 80 percent total suspended solids, 50 percent total zinc (and other metals), and 50 percent total phosphorous. In addition, as part of the Lakota Crest project, the applicant has submitted plans and analysis supporting an offsite project to lower the outlet to Fishers Bog. This project is designed to reduce existing flooding problems within the Mirror Lake basin and alleviate any potential flooding problems resulting from the Lakota Crest Subdivision. Design and analysis of the off-site project at Fishers Bog project is provided in an April 4, 2002, memorandum by Tetra Tech/KCM, Inc. In order to mitigate potential erosion impacts to Mirror Lake downstream, the applicant shall designate and provide an onsite Erosion Sediment Control Supervisor, who possesses a Construction Site Erosion and Sediment Control Certification. The qualifications and responsibilities of the ESC Supervisor are outlined ìn the KCSWDM. The City may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. The proposed flow control and water quality facilities, in conjunction with the Fishers Bog outlet project, are adequate to serve the proposed development. Final review and approval of the stonn drainage facilities as shown on the engineering plan will occur in conjunction with full drainage reView. 16. A March 2004, revised Traffic Impact Analysis (TIA) by Heath and Associates was submitted for the project. Public access will be provided from entrances to both SW 3 12th Street and 1 st Avenue Soûth. The plat also includes construction of a new interior street system looped around the site. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of the Lakota Crest subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. 17. SW 3 12th Street and 1 S\ Avenue South are designated as minor arterials. All internal streets within the proposed plat of Lakota Crest are designated as local streets by the FWCP. Half-street improvements to SW 312th Street and 1st Avenue South frontage are required by the FWCC, and full street improvements within the plat are required by the FWCC. All public right-of-ways will be dedicated to the City. Pedestrian Tract G as proposed does not meet applicable City standards for pedestrian tracts. Pursuant to FWCC Section 20-156, on the fmal plat, Tract G shall be revised to meet FWCP Section ZZ including a 20-foot width with a l2-foot wide paved walkway. 18. The applicant provided a January 1999, school access analysis. The school access analysis has been reviewed by the Federal Way School District. New frontage and internal plat sidewalks and pedestrian facility improvements to the adjacent Lakegrove Elementary School, in conjunction with StafTReport to the Hearing Examiner Preliminary Plat of Lakota Crest ~~"H' e R Ii? Page 13 t!,;;.^ U gUll 98-103452-OO-SU I Doc1D27961 PAGE~O~ --Í1- existing walking areas will provide a safe pedestrian route of travel for school children who walk to Lakegrove Elementary School, Lakota Junior High School, and Federal Way High School. 19. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. 20. The proposed preliminary plat is pennitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning." 21. The proposed subdivision and all attachments have been reviewed for compliance with the FWCP; FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. As proposed, and recommended by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations, provided minor design changes to lot size, and configuration per the FWCC are included on the final plat map. 22. Prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCc. Final review of the storm drainage engineering plans will occur in conjunction with full engineering reVIew. 2. As required by the Public Works Department, the applicant shall designate and provide an onsite Erosion Sediment Control Supervisor, who possesses a Construction Site Erosion and Sediment Control Certification. This ESC Supervisor will be available for the duration of the project. The qualifications and responsibilities of the ESC Supervisor are outlined in the KCSWDM. The City may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. 3. Based on FWCC Section 20-179 and due to potential erosion impacts, drainage impacts, and visual impacts, clearing and grading of the entire site shall not be pennitted in conjunction with construction of the plat infrastructure . Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately Y2 of the proposed lots) shall be generally consistent with the clearing limits depicted on the redline Preliminary Grading and Utility Site Plan (Exhibit 20). The clearing limits red-lined on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would result in large cut or fill slopes on future lots. The clearing and grading limits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during fmal engineering plan review as required to reflect changes in road and utility designs, if any. Staff Report to the Hearing Examiner A Page 14 Preliminary Plat of Lakota Crest (EXt'UBIT -Jl.-- 98.103452-O0-SU /Doc1D27961 ~AGE~Or --n. In accordance with FWCC Section 20-179 and 22-1668, existing mature vegetation shall be retained on the site to the maximum extent feasible. In any event, in accordance with FWCC requirements, a minimum of 25 percent of the existing significant trees shall be retained during construction of the initial site grading. A significant tree retention/replacement plan shall be reviewed and approved by the Community Development Department prior to issuance of construction pennits. 4. Prior to approval of construction plans, the applicant shall provide written approval from Federal Way Public Schools for installation of a gate, or other approved device, or approval of alternative access to allow school children to access Lakegrove Elementary School from the site. The pedestrian improvements shall also be approved by the City prior to construction plan approval, and completed prior to fmal plat approval. 5. Prior to final plat, the applicant shall design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards. Prior to construction, the applicant shall provide approval of the landing design and location from Metro. 6. As required by the Public Works Department, grading around the ponds shall be done in such a way as to reduce or eliminate the need for walls, rockeries, and slopes greater than 3: 1. XIII LIST OF EXHIBITS 1. Preliminary plat map, July 3, 2003 (sheet 2 of 5); along with the Lakota Crest Preliminary Grading and Utility Site Plan (sheets 1 and 2); Lakota Crest Fishers Bog Plan and Profile Improvements (sheet 5 of 5); and preliminary landscape plan by ESM revised November 17, 2003 2. Master Land Use application for Lakota Crest Preliminary Plat application 3. Eight public comment letters regarding the revised Notice of Application 4. SEPA MDNS, May 5, 2004 5. SEPA Checklist for Lakota Crest, July 3, 2003 6. Geotechnical engineering investigation by Goo-Resources, April 12, 1998 7. Wetland site evaluation letter from Terra Associates, April 23, 1997 8. Metro Transit comment letter, November 21, 2003 9. ESM letter to the City, November 25, 2003 10. ESM letter to the City, July 3, 2003 11. City of Federal Way letter to ESM, October 13,2003 12. School Access Analysis, by ESM, January 1999 13. Federal Way Public Schools comment letter, March 5, 1999 14. Federal Way Public Schools comment letter, May 26, 1998 15. Federal Way Public Schools email, June 4,2003 16. Certificate of Sewer Availability by Lakehaven Utility District, June 9,2003 17. Certificate of Water Availability by Lakehaven Utility District, June 9, 2003 18. Preliminary Stonn Water Technical Infonnation Report (TIR), November 2003 19. Letter from Lyle Homes to the City of Federal Way, July 1,2003 20. Redline Staff Recommended Clearing and Grading Limits Plan Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided Staff Report to the Hearing Examiner Preliminary Plat of Lakota Crest Page 15 98-1 03452-O0-SU I Doc ID 27%1 to the Hearing Examiner. 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',' ~ I , I , I I I "."".".PI"C'L-/ I IS[[ 'HIS SH,,:r 'OR I I'LOoNT """'. ¡=::::::::=::=::~¡, ' ¡: :' !i i' Hm.om",o lAW"~' : :. "AN""" ",,¡e. rIP""" : . Sf:[ S",""CAm., THIS ¡ i" 'Hm : TRACT "[" ¡ '!--- "O,. """...", : : '-n" LOoN""" ou"". : : rIP,,^, : : '" s><£" H'OR : L~~'- ,'n- I 1-.--.... //,. I :,:J-~--:-.-:~-'-- S.W. 312TH ST. - -r \ _n.-oo,lAHOSCAPt BUrr". rIP"" - -- -- ~ - s(, Sffi:" t-2 rOR "",,",NO F'W<. "woos,,", .","" PI"", ""'WI.' 'u' ""'"""""" J. t ¡ .{ ì ., -.-n, . '\"-'----'TI~-I--~ ( .- SCI\I..E l' " '0' CON1"OUR HTERVAL - 2' OAruo.< K.C.A.s. 1""-1'"'--- " '" " TRACT" A" W' LOoNOSC"" ",rr,.. ""'CAl "I g,,: H ro, 'lA"TlNC ,,^" .-., lø -"",-~"""""""""_,,~,,, Com"""-,,"'~"""_œ ..."..._"........ Bol~i,"r I Comm.. Nom. T..__.,...~". """"""-"""~""""Ao' .""'--"~.~-"'-"'.."...... """', ".,,'-.of.,""'" . ",,___~.""""'."'" .# ,.""~,,,-""'~""" """,.,..V........,,.,..m;"',,_,,;~ .....h""""_'~"'~ 0 --,....,..I"""~', 0 ,~--'""".,'_"""" ~ ~"""""~_,~. D H""""""~.."""""""""""".""" 'to" """"___"'M"""""""" '-j n VICINITY MAP .-..------- - 5'.. ~ ~ ""..,.... " ~,":';".;:,:, ~,~:';"';::. ~;:=~:'::".'.>r,.,. ~,'~~,:, ... ""..,..,. " "".."'~. " ""..,..... .. :.::..~..:;, """.""~,". ..., .....~, ... ,. ,," """"', '~""'"',O" TI"".'.-" j::g~::::::::::::::::r.:::.. M!!!i: =:,,"¡~"""""""'O""'. """""'" HYDROSEEO- MIX FOR PLANTING STRIP GERM..A"ON .. APPLICATION RATE ..,...,......... PROPORTION ~ "" NOTES "'O"'<A""'~' M"'" 0-""'" wo, ,r ""'" ~""T"~E"""""'. :'.:. "::'::'.~~~ ~:~~~::o':"::::;~ .~=:,~;':;>:~';" """"M,'_R""H '" ".....",.."", """"""TO ""'MO "'-"^"'"""'"'OTO~~'.."""""""'" OCTO"" ,. "'0 .....",...... """NO..., 'o,",'RT~'~"""."'O O'.""R, "o""IN"IN"'o,-~"""",O"'~~"""-, LUm'.T~R ( tOOl" , NOTE;..- :J:U.:,W"j"i" STREET LOCATIONS ARE APPROX'MATE "'1 AND SHOULD BE ADJUSTED PER FINAL DRIVEWAY AND UTILITY LOCATIONS, EXHIBIT-L ' W ARN~G; PAGE..LOF -ß.... THE UTILITY LOCATIONS SHOWN I ARE APPROXIMATE ONLY, DEPTH UNKNOWN, CAl.l 1 -60<)-424-5555, m (/) W ~ 0 J: W -' >- -' I- C/) W ex: () <t: l- e ~ <t: ..J "Jf__., ,.,-, :::',M to< L-1 1 M 4_, ( :~D';1". ,"","- """", , ! j (-' ---( ) /" ;;-'" u, TRACT "A" A PORTION OF TI-E SW 1/4 OF TI-E NE 1/4 OF 81:(;. <;<;. I WN. "1N, H<.>N. 4C ~~;~ ~~-~ ",.,X:'!ir:õ' "'" ""n m£E- ~""'"' "'5"m'-'.-o' '<N<' "e", I .1 001 WI ~I ~I I I \ __~L +-¡ - '"' ," !F¡o L- - -~" "" ------'- " " '----'- u5 W > < t- OO .... TRACT "8" TRACT "C" , ':..-:' ,:','~- ,~-~- -----,----- n VICINITY MAP '7 SoW. 312TH ST. i !~ ' ~I;" E ¡ I~ g : ..' d , d i ~ : . ,; ¡ . : . ! TRACT -0" scÞUor,~r caNTOLOI INTERVAL" 2' DATUM K,C,A,S, ---- ----- m ,~~, ;, IŒ&I-:--- \ I 1-[;\]:41--=-------- I I I ¡---Œ'§2l-::=--' I I : I I ,--~ì i: J I I I I I I I I I I I I I II I I I I : J II I I- I I I I ' I I I ~kJ]~ I I "NO" I I I I I +;: I ¡-rc-:r"'c;~r~~~i:,~~, R4'" ,$ n L L___~' LE:i'" '" I IL---__=III I I L_------- --' I I I I ------ --~ I I \ ---_J I '---- I ----Œ@------) 00 w ~ 0 J: W -I >- -I t- (/), Wi a:, °t «~ t-~ 01 ~: « .J '"ii TRACT "F" ",s;.esoeN""~!",,,!O,,~SIJBMI1ra¡;¡;;;~, ~-, sn "£E "<[N!"," "^N, SNE£! '-I«J~" TRACT "E" ~XHII3IT ---1 W ARtI!tlg PAGE...I..-OF - THE UTIUTY LOCATIONS SHOWN ARE APPROXIMATE ONLY, DEPTH UNKNOWN, CALL 1-800-424-5555, L-2 - ~~""""" -- 2 ~ 4_- -Jt A PORTION OF THE SW V4 OF THE 1£ V4 Of t)tOIJ. aa. I WN. :¿1N, HbN. 4C n 'i * r---1F-¡- I ;on____- -----+---- I '~ I r ---I,,!:, . I '1 I \ ~ .I\\~~::L ""~-~~J-,'C~~-::-J~~:~~J:~ ='-=~~ , "f~ +- - ,- SW 31OTH ST. - , - . -¡~~ r r~C'."~'c~r~'-~- - )\ ~ III - ~ ~(/) I I (/) --' ,,' I . 1111 W> . ~-------r- _uu- _____n- -_u_--,- -- ~W I II I I .> < II °< (:) ¡' I I- ,,"---- ~ I ~ "~Oll. I I I I ~~' I I ----~~!~~-,~J'~~~1~~;~;;;:-:~~:"'~-_. ".l: - >o~ >\,~ . I // ~~~'-~---~. I 0-- '--l;~'="~-=-'~=~,--' /,'// 1 J r' I / I I" I ----oj I ~- I ,'0 I I " I : jV-- -I ~ I ¡ ¡ = ro>. . --.-l ~ !ui rnn--- - ---,---~ ~ I ~ I- ii ¡ ~- "-'n. -------~-------~-------~------~ . ¥ 1- t TRACT oF"' """" "",~o.<;( TRACT °[" """',., OI"~". t .~ " -, ----- '=-, -. --G~t\' , , I -~n:ij-----=..:-- s.w. 312TH ST. , - -- -----,--- , -TRACT Bum..- M'IC"- --- - - - TRACT ° ,,' ". '-'"',,"" I~ TR~CT °6" "I íD"'" """,- ""'CA' I -_J .. i ( - - ----- I -\- -- ~--ll--- ---I~~\ -.'1'.1.. ' ¡ '. ¡ ,,' ~ ! '=-.0."""'" ',..,.-- SCA1,E, 1'.40- Coo<T"'-"' NTERVAL . Z DATUM K.C.A,s. ~-- , ~ '" " '" VICINITY MAP """00,"""""",,.,,000"""'. EXISTING SIGNIFICANT TREES SURVEY go-^""", """" œ"""~' "",.,,~,,.,w,m,,"""" '""'"' ".' """ '""°""""'""'-""""""'"'00'- . ".".", ,"0"" I ""'~ "D.O'" r, I_, """~""""",~,.".""""",,, ."'" ...... '" "...."".. """ ,~.m"",",n"', TREE RETENTION REQUIREMENTS PER FWCC 22-1568(0)(1)(a) """"""~""",,,".""'.'D""'_D , .,"'-'C,...."""......,""..........""', . D"" ""U"."" ,.." NO" .u."",....""""""""""""""""""""'" """""">looUG'-"'.""""""-_C'f""'-'" TREE RETENTION PLANT LEGEND ,o"~-",.,,. ~) "'.,~~ß~' ""'" _o..".,,'~~.. ,-....--..., """",... ( . _. .' !"'- - c_~," '."m"'".'" fi:){111\3rL PAGElOF RESUBMITTEl NOn 6 2QI¡ WARNING: THE UTIPTY LOCATIONS SHOWN ARE APPROXIMATE ONLY. DEPTH UNKNOWN. CAlL \-800-424-5555. , ':..::: ,;o:~- ,~-~- in $n -I !Iì I! I~ ~ .., '" gJ ,5 ~L E : ,; . . I (/) w ::E 0 J: W ...J >- ...J I- en w a: u « I- 0 ~ « ..J ~~ -~. -~ ..~ =:'," L-3 3 ...... ...... l"""""""" """""""..... ""'" ""'-I. ,. M"'I.I. '00" "'" ....... ,- """'" ""o.......".. '.eoAK """'.......,...,........."" 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'::'.::;' , ~:...- ,:';".~- ~u ,~~ -I ~ j; ~ £.,: E ~!I 8 01' =' gJ ~ Ø¡ (/) w :::!: 0 J: W -I >- -I I- (f) W a: 0 « I- 0 ~ « ..J ::::':','m,j[ L-4 4 ~4~. .-) r'ì FILE ~ í=ëderal Way MEMORANDUM Community Development Services Department DATE: July 26, 2004 TO: ML Steve Causseaux, City of Federal Way Hearing Examiner via fax 253-272-6439 . 902 South lOth Street, Tacoma, W A 98405 FROM: ~~ Jim Harris, Senior Planner C) - SUBJECT: Lakota Crest Preliminary Plat - File No's 98-103452-00-SU & 103438-00-SE The Examiner left the Lakota Crest preliminary plat and SEPA appeal public hearing record open until July 27, 2004, to address outstanding issues. This memorandum provides additional information regarding SEPA mitigation measure number three and proposed clearing and grading limits for the preliminary plat. First, the City has corrected an error identified by the applicant in condition number three of the City's May 5, 2004, Mitigated Determination of Non significance (MONS). Specifically, the City's May 5, 2004, environmental determination incorrectly calculated the pro-rata traffic impact mitigation fee for Transpol1ation Improvement Plan (TIP) project number 23 to be $78,206.63. The correct traffic impact mitigation fee for TIP project number 23 is $3,729.81. To rectify this error, the City modified the MONS pursuant to WAC 197-11-340(2)(f). The modified MONS was sent to agencies with jurisdiction. There is no comment or appeal period associated with this modification procedure. A copy of the modified MONS is enclosed. By revising MONS condition number three to correctly calculate the pro-rata traffic impact mitigation fee related to TIP project number 23, the total Lakota Crest preliminary plat pro-rata traffic impact mitigation fee has been reduced from $124,065.11 to $49,588.29. By revising the traffic impact mitigation fee for TIP project number 23 from $78,206.63 to $3,729.81, the SEP A appeal issue identified by the appellant has been substantially reduced or eliminated. However, the City's analysis and position on this appeal issue remains unchanged. Second, City staff and the applicant were unsuccessful in reaching agreement on the clèaring and grading limits. The City's analysis and position on site clearing and grading remains unchanged. At this time, we request the Examiner close the record and issue decisions on both the preliminary plat application and SEPA appeal. c: Rick Perez, PE, Traffic Engineer Karen Jorgensen, Assistant City Attprney Greg Fewins, Deputy Director of Community Development Services Ken Miller, PE, Deputy Director of Public Works Ann Dower, Engineering Plans Reviewer Chris Green, City Clerk Phil Kitses, ESM, 720 348th Street, Federal Way, W A 98003 Jack Willing, Lyle Homes, 11555 SE 8th Street, Suite 140, Bellevue, WA 98004 Brian Lawler, Lawler Burroughs & Baker, 1001 Fourth Avenue Plaza, Suite 4300, Seattle, WA 98154 EXHIBIT (;". PAGE-LOF --!- 98-103438 Doc. 10.28285 Jj ,",", "',' , " ',' , , , ... A nORNEYS AT LA W / LA\VLER BURROUGHS & BA~ER, P.c. ROBERT F. BAKER BLAIR B, BURROUGHS BRIAN E, LAWLER DENISE M, HA\-fEL 1001 FOURTlI A VENUE PLAZA, SUITE 4300 SEAlTLE, WASHINGION 98154 (20ó) 464-1000 . FAX (206) 682-3584 July 26,2004 /<z~~\" '",',;"',',' ~(:? /~~'" ',"~ ':",' '. \~ ,,\., ,"-::\ ':",,',';',\" ';7;' '- ...,.,-"'" /,'; , ',\ """ ',;? 0 ' ~'?"" , , z-. <';::; C'~ .> > . ,/ c.!/, ~ / / ,~/) / I).. / " '. 'J /'" / .'\ " ,\ , .: ,~ ,/." ' , '..)\' ~~ «:\,','/ /.,;" , ... /\. , / '/' ',,'" , 'v (~./ ", // ", / ~/ Fax: 253.272.6439 Ì\,/fr. Steven Causseaux City of Federal \Vay Hearing Examiner 902 S. 10th Street Tacoma \V A 98405 Re: SEP A Appeal of Lyle Homes, Inc. City File No. 98-103438-00-SE Dear Examiner Causseaux: You have received a July 26, 2004 letter from the City of Federal VVay SEP A Responsible Official indicating that the City has issued a revised :M-DNS on the Lakota Crest project. Specifically, in Condition #3, the mitigation fee for City TIP #23 has been amended from $78,206.63 to $3,729.81. Based on the City's July 26, 2004 letter and the revised M-DNS, the appellant Lyle Homes Inc. hereby withdraws it appeal of the May 20, 2004 M-DNS. The ,applicant continues to disagree ,."ith the fity over mass grading and related landscaping retention, which are not part of the SEPA appeal. Given the relatively small lot sizes and the required plat infrastructure (roads and storm water ponds), the applicant maintains the entire site will be cleared and graded. It is everyone's interest to have a single grading event. Thank you. Very truly yours, Ljkffi BU;~OU~~IBIT -1L Brian t:jWler PAGE-t-OF -L RESOLUTION NO. ~jPJ M ~ ~ßJr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE LAKOTA CREST PRELIMINARY PLAT, FEDERAL WAY FILE NO. 98-103452-00 SUo WHEREAS, the owner, Lyle Homes, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Lakota Crest and consisting of 10.8 acres into forty-three (43) single- family residential lots located northwest of the intersection of SW 3 12th Street and 151 A venue South, which parcel adjoins a 7-11 store at the northwest comer of said intersection; and WHEREAS, on May 5,2004, an Environmental Mitigated Determination of Non significance (MDNS) was issued by the Director ofF ederal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, on June 2, 2004, ESM Consulting Engineers on behalf of Lyle Homes, appealed the SEP A Mitigated Determination of Nonsignificance; and WHEREAS, pursuant to Federal Way City Code Section 20-115, the SEPA appeal hearing and preliminary plat application open record hearing shall be held simultaneously; and WHEREAS, the Federal Way Land Use Hearing Examiner on July 13,2004, held a public hearing concerning the Lakota Crest preliminary plat and SEP A appeal; and WHEREAS, the Hearing Examiner left the record open until July 27, 2004; and WHEREAS, on July 26,2004, the City of Federal Way issued a revised SEP A Mitigated Determination of Nonsignificance for the Lakota Crest preliminary plat; and WHEREAS, on July 26, 2004, Brian Lawler, on behalf of the appellant, withdrew the appeal of the May 5, 2004 MONS; and Res. # , Page 1 EXHIBIT £ PAGE-.LOF --!L Whereas, following the conclusion nf said hearing, on August 10, 2004, the F edera! W a~ ~ßr Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Lakota Crest subject to conditions set forth therein; and Whereas, following the conclusion of said hearing, on August 10,2004, the Federal Way Land Use Hearing Examiner issued a Memorandum Decision stating that the Examiner will take no further action on the withdrawn SEP A appeal; and WHEREAS, the Federal Way City Council has jurisdiction and authoritypursuantto Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat andlor its conditions; and WHEREAS, on September 13, 2004, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Lakota Crest preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Lakota Crest preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on September 21, 2004, the City Council considered the record and the Hearing Examiner recommendation on the Lakota Crest preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's August 10,2004 Report 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 Res. # , Page 2 EXHIBIT ~ PAGE-2-0F -.!::L 1i));Jp dI appropriate provisions for the public bealtb, safety, and general welfare, and for such opèn sP{~ ( , 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 Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Lakota Crest preliminary plat, Federal Way File No. 98-103452-00 SU, is hereby approved, subject to conditions as contained in the August 10,2004, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Counci I 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 inval ¡dation 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 ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Res. # , Page 3 EXHIBIT r PAGE~OF --!::L Section 5. Ratification. Any act consistent with the authority and prior to the ~~~ resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOL VED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS - DAY OF ,2004. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED As To FORM: CITY ATTORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. Res. # . Page 4 EXHIBIT E PAGE~OF -Y- ~ CITY OF ,. ~ Federal Way DATE: September 13, 2004 FROM: Jack Dovey, Chair Land Use and Transportation Committee Mary Kate Martin, Building Official tW::A TO: VIA: David H. Moseley, City Manager SUBJECT: Local Adoption of State Building Code BACKGROUND: Generally, no action is required by the local jurisdiction to adopt the State codes unless certain local amendments are desired. However, this year's adoption of the State Building Code incorporates over six years effort for the State of Washington to switch from the Uniform codes, traditionally adopted by the state but now no longer published, to the International codes, the current re-configuration of the Uniform codes. As the State Building code, the City is required by our articles of incorporation to adopt and enforce the currently adopted State Building Code. Because the International codes represent a significant change in regulation and code format, however, some adjustment and accommodation in the Federal Way City Code was necessary. Additionally, the State does not adopt codes pertaining to local code enforcement and other administrative concerns. This working draft provides adoption language to update current city code to be consistent with the adoption of the International code adoption. The material presented tonight is to provide this committee with detailed information to review for inclusion in the local adoption ordinance. Each change is accompanied by a summary of the change and the reason for it. Staff would return to the committee at their next meeting with the actual draft of the ordinance pending council direction regarding these changes. FUNDING: None required RECOMMENDATION: Staff recommends no action at this time with a complete draft of the ordinance, without editorial text, to be presented at the next committee meeting for action. ::.'.]a'ck:Oojley;\:, . :.., .,' ". '::¡~M¡i1~~~~. APPROVAL OF COMMmEE REPORT: ',::",~;::::';:i"i".;.:--';;'i:::~~:i;)': ", Summary of changes to FWCC section 5-2: Proposed changes update the City building code to current state code adoption of the International Codes and the Uniform Plumbing Code as amended by the State. Reason for change: Consistency with state law. Proposed language: Chapter 5, Article I, section 5-2 of the Federal Way City Code is amended to read as follows: 5-2 Conflicts. In case of conflict among the following adopted codes, the codes as numbered shall govern over those following: (1) Uniform International Building Code; (2) International Residential Code (~ ~) Uniform International Mechanical Code; (J 1) Uniform International Fire Code; (4 §) Uniform Plumbing Code. Summary of changes to FWCC section 5-3: The name of the Fire District is updated. Reason for change: Editorial Proposed language: Chapter 5, Article I, section 5-3 of the Federal Way City Code is amended to read as follows: 5-3 Interpretation. (a) Whenever the following words appear in the codes and regulations adopted by this chapter, they shall be interpreted as follows: (1) Administrative authority shall mean the building official. (2) Board of appeals shall mean the hearing examiner appointed by the city. (3) Chief, fire chief or chief of the bureau of fire prevention shall mean the fire chief of the King County Fire District No. 39 Federal Way Fire Department. (4) City treasurer shall mean the director of administration and finance. (5) Corporation counsel shall mean the city attorney. (6) Municipality and jurisdiction shall mean the city of Federal Way. (b) Whenever reference is made to local authority, codes, jurisdiction and similar concepts within the codes adopted by this chapter, interpretation shall render such reference applicable to the applicable city designation, jurisdiction and authority. Summary of changes to FWCC section 5-37: Update code references. Consistency with Chapter 8 Page 1 of 23 Reason for change: Editorial Proposed language: 5-37 Authority to adopt rules and regulations. (a) The city shall adopt rules and regulations for the implementation of this chapter, including: (1) Procedures to assure that building permits for structures conform to the requirements of this chapter. (2) Procedures to assure that these standards shall be reviewed as part of the subdivision, planned unit development, rezone, conditional use and unclassified use permit processes. (3) Procedures to assure that a report of fire protection impacts is submitted in all cases where a proposed structure or land use is regulated. (4) Standards published by the National Fire Protection Association including a standard known as NFPA 13R to be applied to all R1 and R2 occupancies. (5) Procedures to allO'N f-or hydrant spacing requirements to be relaxed by as much as 50 percent pursuant to the UnIform Fire Code, except 'Nhere such allowances would unreasonably reduce fire protection to the area or structures served. (ê§) Procedures for automatic fire extinguishing systems which shall indicate the type and configuration of systems based on occupancy and shall be developed from nationally recognized standards. (b) No less than one copy shall be available for public inspection and review in the fire department office or the building department. The city may offer the rules and regulations for sale for a reasonable cost to cover printing and handling. Summary of changes to FWCC section 5-42: Proposed changes deletes the entire section and re-numbers section 43 as appropriate Reason for change: These local administrative amendments are moved to the section 5-67 Amendments for ease in locating all local amendments. Proposed language: Federal way City Code section 5-42 is deleted in its entirety. . - . Chapter 5, Article Il, section 5 12 of the Federal \l'lay City Code is amendod to road as fo.'Jows: 5-42 Permits. (a) The issuance or granting of a permit or appro\/a.' of plans and spec.'ficaUons shall not be doomed or constr~~ed to be a permit for, or an :JPProval o~ any violation of any of the provisions of this chapter. No parmit presuming to giv-o authority to violate or canoe I the pro'lisEons of this chapter sha.'J be va/Ed, exoept insofar as the VIOrk or use which it 3uthorized is kJwful. Page 2 of 23 (b) Tho issuanco or gronting of 0 permit or opprovoi of p,/{ms sholi not pro'./{)nt tho building officiai from thereoftor requiring the correction of errors in tho pkJns :3nd spocfficotions or from preventing construction operations from being carried on when in viokJtion of this or any other pro'lision of this Code or from revoking ony certificote of appro'ioi when issued in error. (G) E'./{)ry permit issued by the building official under the pro'lisions of this chaptor shoi! expire by .'Imitotion ond become nui! and v-oid if the "'-Ork authorized by such permit is not commenced within 180 days. Bofore such V'/ork con be recommenced, :3 new permit shan bo first obtained and the foe therefor shoi! bo one half tho omount required for a new permit for such work provided no changos hov-G boon mode, or wii! be made in tho originoi pions ond specificotions for such work; ond pro'lided further, that such suspension or abondonment hos not exceeded one roor. AU fond surface modification, building, piumbing and mechonico! permits for R 3 and U occupancies shoi! expire one year from tho date of issue. Such permits may be renewed for one hail of the amount of tho or/gino! permit fee for the first permit issued for such w-ork. 5-43 6 Enforcement (administration). Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil actions. 5-44 3- 5-65 Reserved. Summary of changes to FWCC section 5-66(a): Proposed changes update the City building code to current state code adoption of the International Building and Residential Codes as amended by the State. The Barrier-free code has now been amended into the text of the International Building Code causing the corresponding WAC reference to become archaic Reason for change: Consistency with state law. Proposed language: 5-66 Building codes adopted The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (a) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: Page 3 of 23 (1) Chapter 51 30 L'1-/I'.C Barrier free facilities; and f2t f1l Chapter 51-11 WAC - Washington State Energy Code; and fð1 {2l Chapter 51-13 WAC - Washington State Ventilation and Indoor Air Quality Code; and f4} Ql Chapter 51-4Q 50 WAC - State Building Code Adoption and Amendment of the 1997 Edition of the Uniform Building Codo and Uniform Buik1ing Codo Standards; except Section 1003.3.3.3 which is adopt-ed without state amendment except as tho amendment app.'ios to four dwelling units 0," loss; ;;md 2003 International BuildinG Code; and (4) Chapter 51-51 WAC - State BuildinG Code Adoption and Amendment of the 2003 International Residential Code; and Summary of changes to FWCC section 5-66(b): Appendices to the code are not in effect unless specifically adopted. The appendices referenced in section 5-66 (b) replace appendices previously adopted by the city and add two guidelines not currently in the city code for rodent proofing and flood resistant construction. These appendices, provide additional standard requirements pertaining to Rodent Proofing (Appendix F), Flood-Resistant Construction (Appendix G), Patio Covers (Appendix I and H (IRC)), Grading (Appendix J) and Exisitng Building and Structures (Appendix J, (IRC)). Appendix requirements only apply in specific applications wihere the potential for problems specific to the appendix topic is found. Reason for change: Consistency with local regulations and to provide specific guidelines for dealing with project specific issues. Proposed language: (b) Appendix Chapters 3, Division I,' and Division ,'!; 1; 15; 31, Division !!; 33; 31, Di'lision I of the Uniform Building Code 1997 Edition, published by tho International Confomnce of Building Officials Appendix Chapters F. G. I. and J of the International BuildinG Code. 2003 Edition. and Appendix Chapters Hand J of the International Residential Code. 2003 Edition; both published by the International Code Council. Summary of changes to FWCC section 5-66(c): This language was inserted into city code to keep the city current with respect to code requriements and to allow designers the option of taking advantage of the flexibility introduced by the International codes. Reason for change: This section is no longer necessary since the State has now adopted the most current codes. Proposed language: Delete section 5-66 (c) in its entirety. Page 4 of 23 Summary of changes to FWCC sections 5-67 (1) thorugh (4): Changes update the references to the former Uniform Codes to reflect the appropriate code sections in the International Codes and to be consistent with text format. Reason for Change: Consistency with code adoption. Proposed language: The following amendments to the Code adopted in FWCC 5-67 are hereby adopted: (1) Section~ 104.2.4 114.1 and R114.1 are amended aRfI suppl()montod in their entirety to read as follows: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWCC1-16. (2) Section~ 104.2.5 113.2 and R113.2 are amended aRfI supp!()monted in their entirety to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official may, by issuance of an order to cease activity under the FWCC 1-16, order such use discontinued and the structure, or portion thereof, vacated. (3) Section~ 106.3.1 106.1.1 and R106.1.1 are amended and supplemented by the addition thomof of 3 new soction to bo known as subsectlon 106.3. 1 (8), of a new second paraGraph to read as follows: The applicant must supply A~s much information as required to provide an accurate environmental disclosure. (4) Section 106.4.4 and R106.4 are amended and supplemented by the addition of a new paragraph sections to be known as 106.4.1and R106.4.1. respectively. to read as follows: Amended Permit When the size of the building is increased or the scope for which the permit was issued is changed, the building official may amend the building permit. When such fees specified in section~ .:t-O+ 108 and R108 have been paid and when changes to the plans and application are approved, the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit. ~<',)<' 5 ~(z~ Summary of changes to FWCC sections 5-67 (5): This section is redundant to the application and permit validity sections amended elsewhere in the code. Reason for Change: Clarification and consolidation of similar or identical code requirements. Proposed language: Delete FWCC section 5-67 (5) in its entirety Summary of changes to FWCC sections 5-67 (6): This change allows the city to expire inactive applications and permits on a two year schedule with the opportunity for up to one 12 month extension. The new code does not set a definite limit for expiring permits. Reason for Change: Model code provisions seem to be unnecessarily restrictive as well as adding unecessary expense to the administration of the provisions. Proposed language: (6Q) Section~ WM 105.3.2 and R105.3.2 is are amended aRd supplemented in their entirety to read as follows: (d) Expiration of plan (0 '/io w. l',pplic3tions for bui.'ding permits whioh ha',¡e not boon 3ppro'md by tho dop3rtmont of community development, pubHc YIOrkS department, fim pmvention bura3u, King County he3/th department, or building di'/ision within 180 days foUewing tho dato of 3ppUcation shan expim by !imitation and become null 3nd void if no permit h3S boon issued. Any timo spent in tho state on'limnment3.' poHoy 3Ct review process sh3n not be includod in tho 3Uett-od 180 days. Plans and other ck1t3 submitted for raviev.' thereafter may be ratumed to the app.'ic3nt or destroyed by the building offici31. The building official may extend the 180 ck1y time limitation foJ.1owing tho 3pptio3tion for pormit for a period of not more th3n 180 days upon request of the app.'icant showing. th3t circumstances beyond tho control of tho 3ppHcant have prevented 3ction from being takon. The review time by other dep3rtmonts may not be extondod. No appHcation shall bo oxt-onded mora than once. In order to ranev.' action on an appUc3tion aft-or expiration, tho Clpplicant shan pay a now appJic3tion fao, and tho "application dat.e" sh311 be tho date of payment of the new application fee-. Upon notification of tho availabi.'ity of permit by the building official, such permit must bo obtained within 180 days of 3fJplic3tion date. The building official m3Y extend the 180 day time limitation following tho application for a permit by not mora than 180 days upon request of the appticant showing that circumst3nces beyond the control of tho 3pp.(icant have prevont-od action from being taken. No unissued permit sh3.'! bo ext-ondod more than once. In order to renew 3ction on an Page 6 of 23 application aftor oxpiration, tho applicant shaH resubmit plans and pay a now application foo and any remaining pkln ,ro'/low too. Tho ,ufcs and regulations in offeot on tho ck1to of such reapplication shaN go '10m tho permit application. (a) Time Limitation of application Applications for buildinG permits which have not been approved (when appropriate) bv communitv development services department. buildinG and planninG divisions; public works department, development services and traffic divisions; Federal Wav fire department, fire prevention division or KinG Countv health department within 24 months followinG the application date shall expire bv limitation and become null and void if no permit has been issued. Anv davs the application is under review for the state environmental policv act (SEPA) .shall not be included in the allotted 24 months. One extension mav be Granted for up to 12 months if that extension period would fall within the same code cvcle. Expired applications that are eliqble for such extension mav be renewed for a period not exceedinG that time remaininG within the 12 month period. Such expired applications can be renewed for one-half the amount of the oriGinal permit fee or an amount derermined bv the buildinG official, not to exceed one-half the oriGinal application. fee. All extensions shall be requested in writinG. A new, complete permit application and full fees must be submitted to restart the review process on anv expired application that cannot be extended. The new application date is the date of the new submittal. (6) Section 105.5 and section R105.5 are amended in their entiretv to read as follows: (b) Expiration Every permit issused bv the buidinG official under the provisions of this chapter shall expire and become null and void if the work authorized. bv such permit is not commenced and completed within 24 months. One extension mav be Granted for up to 12 months if that extension peroid would fall within the same code cvcle. Expired permits that are eliGble for such extension mav be renewed for a period. not exceedinG that time remaininG within the 12 month period. Such expired permits can be renewed for one-half the amount of the oriGinal application fee o-r an amount determined bv the buildnG official, not to exceed one-half the oriGinal permit fee. All extensions shall be requested in writinG. A new, complete permit application and full fees must be submitted to recommence work on anv expired permit that cannot be extended. The buildinG official mav evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application. Page 7 of 23 Summary of changes to FWCC section 5-67 (7): Modifies two separate section of the code, moving the provisions for projects that do not receive a certificate of occupancy to a revised FWCC section 5-67 (6) and creating a new item (7) that eliminates the Temporary Certificate of Occupancy provisions of the code and replaces it with Limited Access Agreements, the instrument currently used by the city. Reason for Change: These changes reflect what has long been the administrative practices of the city but is not specifically reflected in the state code. In revised FWCC section 5-67 (6), the practice of issuing a final approval rather than issuing a certificate of occupancy is addressed. Some speculative construction projects do not receive a certificate of occupancy because they do not yet have an occupant. In these cases, a certificate of occupancy is not issued but a final approval is. This amendment to the state amended codes clarifies that practice. In the new section 5-67 (7) the city formalizes a successful limited access agreement procedure. The city has found Temporary Certificates of Occupancy to be an ineffective means for completing projects and still allowing access to buildings for the purpose of preparing them for occpancy. The Limited Access Agreement has the affect of a legal contract between the city and the building owner and has proved extremely effective for allowing necessary use while keeping up momentum to complete the project. Proposed language: (7) Section~ W&-4 110.1 and R110. 1 is are amended and supplemented by the addition of a second paragraph to read as follows: Buildings or other projects authorized bv a buildinG permit that do not require a certificate of occupancy in order to be occupied #1a1 ha'l-o not received a final appm'la! shall not be occupied without w-ritten :JpprO'v'{1! of tho building officia!.until such permit has written final approval from the buildinG inspector as authorized bv the buildinG official. (8) Sections 110.3 and R110.3 are amended in theirentiretv to read as follows: Temporary occupancy. The buikJjng official is :Juthorizod to issue a tompor:Jry certificato of occupancy bofore tho comp!-otion of tho ontire I//-ork co~'ord by tho pormit, prO\/idod that such portion or portions c:Jn bo occupied s:Jfoly. The building official sh:J.'! sot :J timo period during which the temporary cortificate of occupancy is 'Kliid. Limited Access Agreement Limited use may be Granted for any buildinG not vet issued a Certificate of Occupancy pursuant. to sections 110. 1 or R110.1 throuGh a properly executed Limited Access Aqreement. Such aGreement shall be siGned bv the leGally identified corporate officer or property owner havinG authority to represent the corporation or property owner in such aGreements or contracts, and the City Manager; as neqotiated and recommended bv the buildinG official or their desiGnee and accordinG to city policy. Page 8 of 23 Summary of changes to FWCC section 5-67 (8): Re-numbers item (8) and updates the references to the former Uniform Codes to reflect the appropriate code sections in the International Codes and to be consistent with text format. Reason for Change: Consistency with code adoption. Proposed language: (g~) Section§. 1801.7 1807.4.3 and R405.are of the Uniform Building Code i£ hereby amended and supplemented to read as follows: Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to insure that underfloor spaces remain free of running or standing water. As a minimum, such drains shall be installed around the perimeter of the building at the footings. Additional drains may be required in the underfloor space. The drainpipes shall be of sufficient size to adequately convey water to an approved location, but shall be a minimum size of four inches. Provisions shall be made to prevent the drainage system from becoming blocked with soil. The building official may waive the provisions of this section when soils appear to adequately drain the site and no water will stand or run under the building. Summary of changes to FWCC section 5-67 (9): Deletes the deletion of the effective date provision contained in the Uniform Building Code Chapter 34, Existing Buildings Reason for Change: The new code's language allows the city to establish their own effective date which will be done by policy rather than code amendment until we have more experience with the provisions of the new code. This allows staff some flexibility to apply the code as approiate without dictating a specific date at this time. Proposed language: Federal Way City Code section 5-67 (9) is deleted in its entirety. Summary of changes to FWCC section 5-68: Changes update the references to the former Uniform Codes to reflect the appropriate code sections in the International Codes and to be consistent with text format. Reason for Change: Consistency with code adoption. Proposed language: Section§. 4.Qã 112 and R112 of the Unif-orm International Building and Residential Code§., as adopted by this chapter, i£ hereby are amended in their entirety to read as follows: 4.Qã112.1 General. Appeals of decisions or determinations made by the building official relative to the application and interpretation of this Page 9 of 23 Code, except orders, rulings or decisions pertaining to enforcement of this Code, shall be made to the hearing examiner pursuant to FWCC 5-6. ~112.2 Limits of authority. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearing examiner be empowered to waive requirements of this Code. ~112.3 Enforcement. Civil enforcement of the provisions of this Code and the terms and conditions of any permit or approval issued pursuant to this Code shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this Code. Summary of changes to FWCC Article IV.- Five-Story Wood Framed Buildings: Changes update the references to the former Uniform Codes to reflect the appropriate code sections in the International Codes and to be consistent with text format. Reason for Change: Consistency with code adoption. This article will be further evaluated for applicability with the adoption of the International Codes Proposed language: 5-69 Purpose - General. The purpose of this article to authorize the construction of five-story wood frame buildings as an approved alternate design and construction method under Section 104.2.8 of the 1997 Edition of the Unif.orm International Building Code, and to set forth the criteria and standards which must be met before a building permit may be issued for a five-story wood frame building. 5-70 Construction. (a) International Building Code requirements. Five-story wood frame buildings must comply with all requirements of the Uniform International Building Code, except as modified or supplemented by this article. In the event of a conflict between the Uniform International Building Code and the provisions of this article, the provisions of this article shall control. References in this article to building construction "types" (e.g., Type I or Type V) shall have the same meaning as set forth in the Uniform International Building Code. (b) Lowest story construction requirements. The lowest story in a five- story'wood frame building shall be constructed of Type V-A fire-resistive , Page 10 of 23 construction, except that all structural frame and load bearing elements must consist of approved, two-hour fire-resistive construction. (c) Upper four stories. The upper four stories of a five-story wood frame building shall be constructed of at least Type V-A fire-resistive construction. (d) Use of Type V above Type I construction. Where Type V wood frame stories are constructed over Type I construction, the Type V stories shall be separated from the Type I stories as provided in Uniform International Building Code Section 311.2.2.1 (4-99-7 2003 Edition), as presently constituted or as may be subsequently amended. 5-71 Occupancy. (a) Occupancy of five-story wood frame buildings shall be allowed as provided in Table á-B 503, Unif-orm International Building Code, .:t-99+ 2003 Edition as presently constituted or as may be subsequently amended, except that B, M, and R-1 occupancies shall be allowed on any floor. (b) Occupancy shall have the same meaning as set forth in the .:t-99+ 2003 Edition of the Uniform International Building Code, as presently constituted or as hereinafter amended. 5-72 Stair enclosures. Where buildings are designed and constructed pursuant to this section, all stair enclosures shall be of two-hour fire-resistive construction with one- and-one-half-hour opening protection. 5-73 Fire detection and protection. (a) Five-story wood frame buildings shall be protected throughout by an automatic fire sprinkler system complying with Uniform International Building Code Standard 9 1 and International Fire Code as detailed in the Standard known as tNFPA 13~, as set forth and contained in the .:t-99+ 2003 Uniform International Building and Fire Codes and as amended by the State Building Code. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, one-hour fire-resistive construction required in FWCC 5-70. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of wood frame construction may be permitted, (b) All stair enclosures and'elevator shafts shall be pressurized as set forth in Uniform International Building Code Sections 905.3.2 and 905.5.3.3 909, as presently constituted or as may be subsequently amended. In addition, a class I standpipe system as required by Uniform International Building Code Section 004-:ã 905 and the Standard known as NFPA 14 Uniform Building Code Standard 9 2, as presently constituted or as may be subsequently amended, shall be installed. (c) A standby power-generator set shall be provided on the premises in accordance with the 4-99-7 2003 Uniform International Building Code Page 11 of 23 Section 403.&4 403.10 and the +B99 2002 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to stair enclosures, an elevator shaft pressurization, and elevators. (d) A monitored manual and automatic fire detection system, subject to the approval of the fire chief, shall be installed throughout the building and provide alarm, trouble and supervisory monitoring of the automatic fire sprinkler system. 5-74 Height. The maximum height of buildings designed and constructed pursuant to this section shall be 65 feet. The height shall be measured as provided in the W9+ 2003 Uniform International Building Code as presently constructed or hereafter amended. Buildings constructed under this article shall also be subject to the requirements of Chapter 8 FWCC pertaining to high-rise buildings, as applicable. 5-75 Basic allowable floor area. The basic allowable area of floors of five-story wood frame buildings shall be as allowed in Table á-B 503 :md Sections 504 through 505, Uniform International Building Code, 499+ 2003 Edition, as presently constituted or as may be subsequently amended, plus 25 percent.. 5-76 Fire department access. Site design for any five-story wood framed building shall include access sufficient for fire department vehicles, as determined by the fire chief and building official. Fire department vehicle access shall be documented on site and building plans. 5-77 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: . (1) Structural observation provided by the engineer of record for structural frame elements; and (2) Special inspections as required in the ~ 2003 Uniform International Building Code, as presently constructed or as hereafter amended. 5-78 Maintenance of fire protection systems. The owners of five-story wood frame structures shall maintain the fire and life-safety systems required by the Uniform International Building Code and the Federal Way City Code in an operable condition at all times. Unless otherwise required by the fire chief, testers approved by the fire department shall conduct yearly testing of such systems. A written record Page 12 of 23 shall be maintained and shall be forwarded to the fire marshal and be available to the inspection authority. Summary of changes to FWCC section 5-102 Fees: Deletes this section in its entirety Reason for Change: Section is unnecessary and redundant. Payment in accordance with the city's fee schedule is specified in Uniform Plumbing Code section 103.4.1 Proposed language: Delete section 5-102 in its entirety 5-1Oð 2 - 5-115 Reserved Summary of changes to FWCC section 5-116 Code Adopted: Updates the WAC references and Edition dates and allows the use of the International Plumbing Code as an approved alternate. Reason for Change: As a result of the state code adoption and amendment process the WAC chapters have changed. New editions adopted in these WACs are updated for consistency with the state code. Proposed language: 5-116 Plumbing code adopted. The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city; (1) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: a. Chapter 51-46 56 - State Building Code Adoption and Amendment of the 4-99+ 2003 Edition of the Uniform Plumbing Code; except Section 701.1 which is adopted without state amendment; and b. Chapter 51-47 57 - State Building Code Adoption and Amendment of the 4-99+ 2003 Edition of the Uniform Plumbing Code Standards. (2) The 2003 International Plumbing Code as presently constituted or as may be subsequently amended provided that in the event of conflicts with the State Plumbing Code code adoption of the Uniform Plumbing Code, the State code will prevail. Such conflicts will be reviewed and a determination issued by the building official or their designee. Summary of changes to FWCC sections 5-117: This change amends the the Uniform code section in its entirety by adding two subsections related to permit and application expiration. The amending language allows the city to expire inactive applications and permits on a two year schedule with the opportunity for up to one 12 Page 13 of 23 month extension. It also adds subsections amending the fee sections of the Uniform Plumbing Code and revised permits. Reason for Change: This change creates a consistent expiration policy for construction related permits. Model code provisions seem to be unnecessarily restrictive as well as adding unecessary expense to the administration of the provisions. In addition, a new subsection creates a consistent fee payment policy to be applied to all permit types, with a final new subsection adding detailed information for revised permits, consistent with the building code. Proposed language: (2) Section 103.3.4 is amended in its en tire tv to read as follows: (a) Time Limitation of application Applications for plumbinG permits which have not been afJProved (when aPfJrofJriate) bv community development services department, buildinG and planninG divisions; public works department, development services and traffic divisions; Federal Way fire department, fire prevention division or Kinq County health department within 24 months followinG the application date shall expire bv limitation and become null and void if no permit has been issued. Anv days the application is under review for the state environmental policy act (SEPA) shall not be included in the allotted 24 months. One extension may be Granted for up to 12 months if that extension period would fall within the same code cycle. Expired applications that are eliqble for such extension may be renewed for a period not exceedinG that time remaininG within the 12 month period. Such expired applications can be renewed for one-half the amount of the oriGinal permit fee or an amount derermined bv the buildinG official, not to exceed one-half the oriGinal application fee. All extensions shall be requested in writinG. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. (3) Section 103.4.3 is amended in its en tire tv to read as follows: (b) Expiration Every permit issused bv the buidinq official under the provisions of this chapter shall expire and become null and void if the work authorized bv such permit is not commenced and completed within 24 months. One extension may be Granted for up to 12 months if that extension peroid would fall within the same code cycle. Expired permits that are eliqble for such extension may be renewed for a fJeriod not exceedinG that time remaininG within the 12 month period. Such expired permits can be renewed for one-half the amount of the oriGinal application fee or an amount determined bv the buildnq official, not to exceed one-half the oriGinal permit fee. All extensions shall be requested in writinG. Page 14 of 23 A new, complete permit application and full fees must be submitted to recommence work on any expired permit that cannot be extended. The buildinG official may evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application. (4) Section 103.4 is amended in its entire tv to read as follows: 103.4 Fees Fees are to be paid in accordance with the provisions contained in International BuildinG Code sections sections 108. 1, 108.2, and 108.4 throuGh 108.6. and the fee schedule set bv resolution and on file in the city clerk's office, as now exists or is hereafer amended, deleted, added to or modified. (5) Section 103.2 is amended and supplemented bv the additon of a new subsection 103.2.4 to read as follows: 103.2.4 Amended constrcution documents. ChanGes made durinG construction are to comply with the provisions of International BuildinG Code section 106.4 as amended bv Federal Way City Code section 5-67 ML Summary of changes to FWCC section 5-141 Code Adopted: Updates the WAC references and edition dates and adds the International Fuel Gas Code. Reason for Change: As a result of the state code adoption and amendment process the WAC chapters have changed. New editions adopted in these WACs are updated for consistency with the state code. Proposed language: 5-141 Code adopted. The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: a. Chapter 51-4 -.9.2 - State Building Code Adoption and Amendment of the 499+ 2003 Edition of the Unif{)rm International Mechanical Code and of the 2003 Edition of the International Fuel Gas Code. Summary of changes to FWCC sections 5-142: This change amends the the Uniform code section in its entirety by adding two subsections related to permit and application expiration. The amending language allows the city to expire inactive Page 15 of 23 applications and permits on a two year schedule with the opportunity for up to one 12 month extension. It also adds subsections amending the fee sections of the International Mechanical and International Fuel Gas Codes and revised permits. Reason for Change: This change creates a consistent expiration policy for construction related permits. Model code provisions seem to be unnecessarily restrictive as well as adding unecessary expense to the administration of the provisions. In addition, a new subsection creates a consistent fee payment policy to be applied to all permit types, with a final new subsection adding detailed information for revised permits, consistent with the building code. Proposed language: Federal Way City Code section 5-142 is amended to read as follows: 5-142 Amendments. The following amendments to the mechanical code adopted in FWCC 5- 141 are hereby adopted: (1) Section 111.1/ is amendod and supplemented by the addition of a new par~graph to road ~s follows: Mech~nical permits shan expi,ro one (1) year from the date of issue. Mechanical permits may be reneltled for one half of the original permit fee fo.r the first permit issued for such w-ork. (1) A new section 106.3.3 is added to read as follows: 106.3.3 Time Limitation of application Applications for mechanical and fuel Gas permits which have not been approved (when appropriate) bv community development services department. buildinG and planninG divisions; public works department. development services and traffic. divisions; Federal Wav fire department, fire prevention division or Kinq Countv health department within 24 months followinG the application date shall expire bv limitation and become null and void if no permit has been issued. Anv days the application is under review for the state environmental policv act (SEPA) shall not be included in the allotted 24 months. One extension mav be Granted for UP to 12 months if that extension period. would fall within the same code cvcle. Expired applications that are eliqble for such extension mav be renewed for a period not exceedinG that time remaininG within the 12 month period. Such expired applications can be renewed for one-half the amount of the oriGinal permit fee or an amount derermined bv the buildinG official, not to exceed one-half the oriGinal application fee. All extensions shall be requested in writinG. A new, complete permit application and full fees must be submitted to restart the review process on anv expired application that cannot be extended. The new application date is the date of the new submittal. Page 16 of 23 (2) UMC Table No.1 ^ is deleted in its entirety and replaced with the currently adopted city of Federal \A'ay Fcc Resolution. (2) 106.4.1 is amended and supplemented bv the addition of a third paraGraph to read as follows: ChanGes made durinG construction are to comply with the provisions of International Buildina Code section 106.4 as amended bv Federal Way City of Federal Way Code section 5-67 (4). (3) Add SooUon 303.1.4: 303. 1. 4 Suspended unit heaters. Suspended unit heators shan bo supported as requfmd by their listing and with the bottom of the unit at least so'/-On foot above the (roor in areas subjoGt to human impact and in oxitw-ays. (3) Section 106.4.3 is amended in its entirety to read as follows: (b) Expiration Every permit issused bv the buidina official under the provisions of this chapter shall expire and become null and void if the work authorized bv such permit is not commenced and completed within 24 months. One extension may be Granted for UP to 12 months if that extension peroid would fall within the same code cycle. Expired permits that are eliable for such extension may be renewed for a period not exceedinG that time remaininG within the 12 month period. Such expired permits can be renewed for one-half the amount of the oriGinal application fee or an amount determined bv the buildna official. not to exceed one-half the oriGinal permit fee. All extensions shall be requested in writinG. A new, complete permit application and full fees must be submitted to recommence work on any expired permit that cannot be extended. The buildinG official may evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application. (4) Section 106.5.2 is amended in its entirety to read as follows: 106.5.2 Fee schedule Fees are to be paid in accordance with the provisions contained in International Buildina Code sections sections 108.1. 108.2, and 108.4 throuGh 108.6. and the fee schedule set bv resolution and on file in the city clerk's office, as now exists or is hereafer amended. deleted. added to or modified. (4 §) Section 300:-2 301.7 is amended and supplemented bv the additon of a new subsection 301.7. 1 to read as follows: Page 17 of 23 ~ 301.7.1 Means of Disconnect. An approved, independent means of disconnect for the electrical supply to each of piece of equipment shall be provided adjacent to and within sight of the service side of the equipment served when the supply voltage exceeds 50 volts. Summary of changes to FWCC section 5-166 Code Adopted: Adopts the International Exisiting Building Code and the International Property Maintenance Code. Eliminates certain sections from the adoption of the property maintenance code. Reason for Change: The Uniform Code for the Abatement of Dangerous Buidlings and the Uniform Code for Building Conservation are no longer published. The International Exisitng Building Code and International Property Maintenance Code replace the Uniform codes. Some sections are either accounted for in other chapters of the city code or are inconsistent with current city regulations and are therefore not adopted. Proposed language: 5-166 Codes Adopted The following codes, as presently constituted or subsequently amended are all adopted as amended, excepted in this chapter, together with all amendments provided in this title, and shall be applicable within the city: as may be added to, or and additions (1) Uniform Code for the /I.batoment of Dangerous Buildings, 1997 Edition, published by the International Conference of Bui.'ding OffKJiaJs; aRfi- 2003 Edition of the International ExisitinG BuildinG Code and; (2) Uniform Coáo Housing Code, 1997 Edition, pubHshed by the Intornational Conference of Building OffiCials and; 2003 Edition of the International Property Maintenance Code, except sections 106, 111, 303, 307. 308, and 507 are not adopted. (3) Uniform Code for Building Conse:y-ation, 1997 EdItion, pub.'ished by the Intern3tional Conforonce of Building Officials. Summary of changes to FWCC section 5-168 Amendments: Changes the code references from the Uniform code to International codes, deletes certain language from the International Property Maintenance Code and inserts current city code language into the IPMC for consistency with esatablished code compliance procedures.. Reason for Change: The International Property Maintenance Code is, in some respects, much more comprehensive but not consistent with code compliance program goals. Conflicting provisions are deleted from the adopted sections and city code language developed for code compliance procedures is incorporated into the new code. Page 18 of 23 Proposed language: 5-168 Amendments - Unif-arm Code for the Abatement of Dangerous Buildings. International Property Maintenance Code (a) Section 200 102.3 is amended to read as follows: Section 202 /\b3tcmont of Dangerous Buildings 102.3 Application to other codes. fl.ll buiklings or portions theroof which 3ra daterminod aft-or inspoction by tho building official to bo ckmgerous 3S dafinod in this Coda 3ra hereby dao.brad to be public nufs3noes and sh3H bo 3bated by rep3ir, rehabi.'itation, domoHtion or remo'/-3l in accordanoo with tho procedura specified in section 101 of this Code as 3mendad heroin and ChClptcr 1 FV'/CC, Artiole 1/.', Civi.' Enfomoment of Coda. .In tho ovent of any conflict befy¡eon tho ::1pp/icablo provisions of this Coda and Chaptcr 1 FWCC, 4Ft" 1/1 tR t . f . . Å 1/ , R . dd't' I W.O n., 0 mora ros nc Ive prowslOns s. a.. app.y. epalrs, a I Ions or alterations to a structure, or changes of occupancy, shall be done in accordance with procedures and provisions of the International Existing Building Code and Chapter 1 FWCC. Article 11/. Civil Enforcement of Code. In the event of a conflict between the applicable provisions of this Code and Chapter 1. FWCC. Article 11/, the more restrictive shall apply. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Intem3t/ona! Zoning Coda Federal Way City Code. (b) Sootfon 205 is de/otcd in its en tfra ty. Section 103 is amended to read as follows: Section 103.5 is deleted in its entirety. (c) Section ~ 107 is amended and supplemented to read as follows: Section 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in sections 107.2 and the applicable provisions of the Federal Way City Code Chapter 1. Article 11/, Civil Enforcement of Code to the parson rasponsiblo fo rthe '.Iiokltion as spocifiod in this code. Not/oos for condamnation procedures shaH also comply 'lAth section 108.3. Section ~ f'olotico and Order. 107.2 Form Such notice prescribed in Section 107.1 shall be in accordance with Tho building offic.b.' sh3.'1 issuo a noticoand ordar pursuant to FWCC 1-17. In addition to the information required by FWCC 1-17, the notice and order shall contain: Delete items 1-6 from section 107.2 and replace with the followinq: Page 19 of 23 1. A statement that the buildinq official has found the buildinq to be danqerous with a brief and concise description of the conditions found to render the buildinQ danQerous under the provisions of section 3f)2 108 of this Code. 2. Statements advisinQ that if any required repair or demolition work (without vacation. beinq also required) is not commenced within the time specified. the buildinq official: (i) Will order the buildinQ vacated and posted to prevent further occupancy until the work is completed; and (ii) May proceed to cause to be done and charqe the costs thereof aQainst the property or its owner. Delete subsection 107.3-107.4 (d) Sections 101.4 and 101.5 are deloted in their entirety. Section 108.2 is amended and supplemented to read as follows: 108.2 Closing of Vacant Struétures If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation the structure "Do Not OCCUpy" on the premises and order the structure to be closed up so as not to be an attractive nuisance. Upon failure of the owner to close up such premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. (e) Section 108.3 is amended and supplemented to read as follows: 108.3 Notice Whenever the code official has condemned closed a structure or locked out equipment under the provisions of this section, notice shall be posted in a conspicuous place in. on or about the structure or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with section 107.3 FWCC Chapter 1. Article 111. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in section 107.2. Page 20 of 23 Every notice to vacate shall be issued, served and posted as an order to cease activity under FWCC 1-16 (f) Section 108.4 is amended and supplemented to read as follows: 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on or at each entry of the premises or on the defective equipment a placard reading: DO NOT ENTER UNSAFE TO OCCUpy It is a misdemeanor to occupy this buildinq, or to remove or deface this notice. Buildinq Official City of Federal Way 108.4.1 Placard removal. The code official shall remove the condemn3tion placard posted in accordance with the provisions of section 108 whenever the defect or defects upon which #Ie conoomn3tion p.'3c3rding such action were was based have been elimminated. Any person who defaces or removes 3 oondemn3tion the placard without the approval of the code official shall be subject to the penalties provided by this code. (e) Section 403 is 3mended 3S follows: (q) add section 108.6 to read as follows: Section 4W 108.6 Repair. Vacation and Demolition. The followinq standards shall be followed by the buildinq official (and by the hearinq examiner if an appeal is taken) in order!nq the repair. vacation or demolition of any danqerous buildinq or structure: 1. Any buildinq declared a danqerous buildinq under this Code shall be made to comply with one of the followinq: 1.1 The buildinq shall be repaired in accordance with the current buildinq code or other current code applicable to the type of substandard conditions requirinq repair: 1.2 The buildinq shall be demolished at the option of the buildinq owner; or 1.3 If the buildinq does not constitute an immediate danqer to the life, limb, property or safety of the public it may be vacated. secured and maintained aqainst entry. Page 21 of 23 2. If the buildinq or structure is in such condition as to make it immediately danqerous to the life. limb. property or safety of the public or its occupants. it shall be ordered to be vacated. (f) Section 404.1 if; 3mendod 3S follows: Move current noticing requirements from item (f) to item (e)- amendments to section 108.3 (g) Chapt-ors 5 and 6 am deleted in their entirety. (h) Amend section 202 to read as follows: Delete the definitions of GARBAGE. INOPERABLE MOTOR VEHICLE. AND RUBBISH (h) Sections 701.1 and 701.2 are deleted in their entirety. (i) Section 301.2 is amended to read as follows: 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements. except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwe!!ing unit, rooming unit or R I' .t 'ét~ I" I 't fI ouse.(Oepmg um are msponsl e or ¡(eopmg m a c.oan, sam ar}' an safe condition that part of the dvl{)/!.'ng unit, rooming unit, housekeeping unit or premises which thay occupy and control. (i) Chapters 8 and 9 3m delot-od in thoir entirety. (j) Section 302 ;s amended to read as follows: Delete subsection 302.4 in its entirety. (k) Section 302 is amended to read as follows: Delete subsections 304.2. 304.8, 304.9, 304.14 - 304.18 in their entirety. Summary of changes to FWCC section 5-320 Electrical codes adopted: Updates the references for the elctrcial codes and deletes the adoption of the Uniforma Administrative Code Reason for Change: Primarily editorial, now that the 2002 National Electric Code (NEC) contains administrative provisions, it is no longer necessary to adopt separate administrative provisions. Proposed language: Page 22 of 23 5-320 Electrical codes adopted. . (a) Adoption by reference. Thoro is hereby adopt-od and incorporatod by reference as sot forth in fun tThe followinG codes as now existing or hereafter adopted or amondod presentlv constituted or as mav be subsequentlv amended, subject to tho additions, amendments or delotions sot forth in FV'/CC5 322: are all adopted as amended, added to, or excepted in this chapter. toGether with all amendments and additions provided in this title, and shall be applicable within the citv: (1) The National Electrical Code (NEC), 4996 2002 Edition, as published by the National Fire Protection Association; (2) Tho Uniform Jl.dministrati'/-o Codo Provisions, 1993 Edmon, as pubf.ishod by the International Conference of BuikHng Officials except Soctions 301.2.1, 301.2.2, 301.2.1, F-oo TabJos 3 /\ through 3 H; (ðg) The laws, rules and regulations for installing electrical wiring and equipment set forth in Chapter 19.28 RCW; (4 ~) The following chapters of the Washington Administrative Code: a. Chapter 296-43 WAC, Heating Installation; b. Chaptor 296 11 V'I/\C, Safoty StanckJrds, Eloctrical Construction Co do; GQ. Chapter 296-45 WAC, Safety Standards, Electrical Workers; Sf.. Chapter 296-46@l WAC, Safety Standards, Installing Electrical '.^/ires and Equipment Electrical Safetv Standards. Administration, and Installation~:. o. Chapter 296 17 V'II'.C, Electrical V'li.ring and /\pparatus. (b) Purpose. This chapter is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this chapter is to provide minimum standards to safeguard life or limb health property and public welfare, by regulating and controlling building construction and work related thereto. Page 23 of 23 Summary of changes to FWCC section 8-1: Re-state purpose section. Reason for change: Consistency with Federal Way City Code 5-1. Proposed language: 8-1 Purpose. The purpose of this ch:Jpter is not to oreato or otherllise establish or designate ::my particular oklss or group of persons who wHo' or should be ospeci:Jlty prot-actod or bonofitt-ad by tho t-arms of this ch:JfJtor. The purpose of the codes and reaulations adopted in this chapter are to provide for and promote the health, safety and welfare of the oeneral public, and not to create or otherwise establish or desianate any particular class or aroup of persons who will or should be especially protected or benefited bv the terms of these codes and reoulations. Summary of changes to FWCC section 8-4: Deletes language in 8-4 and replaces it with the same language as 5-4. Reason for change: Consistency with Federal Way City Code 5-4. The current langauge is confusing and difficult to administer. The language from 5-4 gives the fire marshal the same ability to administer the fire code provisions as is given to the building official to administer the building code. Proposed language: 8-4 Alterations, repairs and additions to buildings. Tho pm"~is¡ons of this ch:Jptor shaH :Jpply to :lIt buildings which :Jre alt-amd or repaired one or mom times during any 70 month period, where the '1{11ue of the :Jlterations or repairs during that period exceeds 50 percent of the building's assessed value as determined by the King County :ludit-or as of the d:lte the first permit appJic:ltion for such alterations or ropairs is submitted t-o the city. Any addition to an existing structure shaY be considored new construction subject to tho prO'.lÍsions of this ch:JfJter. The provisions of this chapter shall apply to all new construction, relocated buildinos. and to any alterations, repairs or reconstruction. except as provided for otherwise in this chapter. Summary of changes to FWCC section 8-4: Update code references from Uniform to International Codes and code section references. Reason for change: Consistency with Federal Way City Code Chapter 5. Proposed language: 8-5 Fire protection of high-rise buildings. Page 1 of 8 High-rise buildings shall be provided with fire protection systems in accordance with Uniform International Building Code Sections 403.2 through 403.40 13 and Uniform International Building Code Chapter 9 as adopted by this Code. 8-6 - 8-25 Reserved. Summary of changes to FWCC 8- Article II index: Update code references from Uniform to International Codes and WAC rule references. Reason for change: Consistency with State code and Federal Way City Code Chap 5. Proposed language: Article II. STANDARDS Sections: Division 1. Generally 8-26 - 8-35 Reserved. Division 2. Administration 8-36 Authority to adopt rules and regulations. 8-37 Additional conditions. 8-38 Liability. 8-39 Uniform International Fire Code Section 103.1.1 108.1 amended- Board of appeals. 8-40 Civil enforcement. 8-41 - 8-50 Reserved. .. ,'..- '.. . .. "'..' Division 3. Fire Code 8-51 Code adopted. 8-52 Amendments. 8-53 New materials, processes or occupancies which may require permits. 8-54 Structures over water. 8-55 - 8-65 Reserved. Division 4. Fire Alarms and Sprinkler Systems 8-66 Definitions. 8-67 Life safety/rescue access. 8-68 Fire detection system. 8-69 Installation. 8-70 - 8-90 Reserved. Page 2 of 8 Summary of changes to FWCC section 8-36: Deletes item (4). Reason for change: Provisions contained in the code are adequate. This section is unnecessary and redundant. ' Proposed language: 8-36 Authority to adopt rules and regulations. (a) The city shall adopt rules and regulations for the implementation of this article, including: (1) Procedures to assure that building permits for structures conform to the requirements of this article. (2) Procedures to assure that these standards shall be reviewed as part of the subdivision, planned unit development, rezone, conditional use and unclassified use permit processes. (3) Procedures to assure that a report of fire protection impacts is submitted in all cases where a proposed structure or land use is regulated. (4) Procedures to a!kJw for hydrant spacing requirements to be relaxed by as much as 50 percent pursuont to the Uniform Fjre Code, except whem such allowances v/ould unreasonably reduce fire protection to the orao or structures served. (b) No less than one copy shall be available for public inspection and review in the fire department office or the building department. The city may offer the rules and regulations for sale for a reasonable cost to cover printing and handling. Summary of changes to FWCC section 8-39: Update code references from Uniform to International Codes and WAC rule numbers. Reason for change: Consistency with state law. Proposed language: 8-39 Uniform International Fire Code Section 103.1.4 108.1 amended - Board of appeals. 103.1.4 108.1 Appeals. Section 103.1.4 108.1 of the Uniform International Fire Code, as adopted by this chapter, is hereby amended to read as follows: Appeals made from any ruling made under this article, except for rulings or decisions pertaining to enforcement of this article, may be made to the hearing examiner appointed by the city. Procedural rules concerning appeals shall be as provided in process III of Chapter 22 FWCC, Zoning. Page 3 of 8 Summary of changes to FWCC section 8-51: Update code references from Uniform to International Codes and WAC rule references. Deletes some state amendments. Reason for change: Consistency with state law and eliminate state amendments to section of the fire code that the city has previously not adopted. Proposed language: 8-51 Code adopted. The following code, as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, is adopted and shall be applicable within the city: (1) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: Chapter 51-44 54 WAC - State Building Code Adoption and Amendment of the 499+ 2003 Edition of the Uniform International Fire Code including Appendices Ch3pters ! A, ! C, J! F, !!.' P., J!! B, 3nd II! C It. C, D, E. and F. State amendments to Sections 103.2. 1. 1, 1109.8.3, 7101.2.3, 3nd 7802, are adopted only to tho extent that they apply t-o buildings containing four dw{J/ling units or less; in 3/1 other ..-aspocts tho foregoing state 3mondmonts are not 3dopted. State amendments to Sections 901.2.2.1, 901.1.2, 902.1, 902.2 through 902.2.1.1 3nd 7902.1.7.2.1, 308.3.4-308.3.5, 308.3.7, 503.1-503.4, 903.2.10.3, 3006.4 are not adopted for any buildings. b. Chapter 51 15 Lftßl.C State BuikJing Cooo Adoption ~md IImondment of the 1997 Edition of the Uniform Fire Cock Stanck1rds. Summary of changes to FWCC section 8-52: Update code references from Uniform to International Codes. Reason for change: Consistency with fire code. Proposed language: 8-52 Amendments. The following amendments to the fire code adopted in FWCC 8-51 are hereby adopted: (1) Section 1102.3 307.1 is amended to read as follows: Section 1102.3 307.1. Open burning prohibited. Open burning within the city limits is prohibited. (2) Section 1007.3.3.6.2 is amended to re3d 3S fo!/o'lls: Tho installation or use of 3ny electric, o.'ootronic or moohanical a/3rm device II/hich gives 3utomatic notico t-o the communications con tor of Page 4 of 8 the city fire dopartment on emergenoy. or business telephone numbers is prohfbit{)d. Individuals, agenc/es or companies m::w use the special telephone line for automatic notification when approved by the fi:-e chief. This pro'lisian specifically inc.f.udes devices utilizing the public telephone system. (2) Amend section 906. 1 to delete the exception to 906.1. Item 1. (3) Section 7701.7.23304.1 is amended to read as follows: fa} The storage of explosives and blasting agents within the city is prohibited. Exception. The fire chief may issue a special permit for such storage where it appears in his or her judgment there will be no undue danger to persons or property. (1) Section 8201.2 is amendod by the addition of two new paragraphs to read as fo!!oV'ls: The aggregate capacity of anyone instaH-ation which contains mom than 2,000 water gallons of ,Iiquefæd petroleum gas is prohibited V'lÍthin tho city. Exception. The fife chiof may issue a special pormit for such storage where it appears in his or her judgment there '11m be no undue dangor to persons or property. (4) Amend 1008.1.8.3 to delete 1008.1.8.3. exception 2.1 (5) Appendix I! F shall apply to at.' aboveground flammable and combusf.ib.fo Hquid stor{1go tanks. Summary of changes to FWCC section 8-66: Update code references from Uniform to International Codes. Reason for change: Consistency with state law. Proposed language: 8-66 Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board of appeals shall mean the hearing examiner appointed by the city pursuant to process I of Chapter 22 FWCC, Zoning. Page 5 of 8 Fire detection system shall mean a heat and/or smoke detection system monitored by a central and/or remote station conforming to the current requirements of the National Fire Protection Association standards and/or the fire chief or designee. Fire sprinkler system shall mean an integrated system of piping connected to a water supply with sprinklers which will automatically initiate water discharge over a fire, conforming to the current requirements of the National Fire Protection Association standards andlor the fire chief or designee. Life safetylrescue access shall mean an unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder. An alternate method would be at least one stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the Uniform International Building Code. Summary of changes to FWCC section 8-68: Update code references to new International codes and language to reflect new terminology. Reason for change: Consistency with International codes. Proposed language: 8-68 Fire detection system. (a) All occupancies exceeding 3,000 square feet gross floor area shall be required to provide an approved automatic fire detection system. AFea sep3r;.¡tion Fire walls as noted in Section á()4.6 705 of the Uniform International Building Code shall not be considered to separate a building to enable deletion of the required fire detection system. (b) The following are exceptions to this section: (1) Group U or R, Division 3, occupancies; (2) Occupancies protected throughout by an approvedlmonitored automatic sprinkler system can delete heat detectors from the system. Summary of changes to FWCC section 8-69: Update code references to new International codes and language to reflect new terminology. Reason for change: Consistency with International codes. Proposed language: 8-69 Installation. Fire sprinkler systems shall be installed: (1) In all Group R, Division 3, occupancies exceeding 2,500 square feet gross floor area (including attached garages) without adequate fire flow except as cited. (2) In all R-3 occupancies without approved fire department access as defined in Section 9():1. 503 of the Uniform International Fire Code. Page 6 of 8 (3) In all Group R, Division 4- 2., occupancies having three or more levels or containing five or more dwelling units and Group R. Division 1 hotels occupancies having three or more floor levels or containing 10 or more guest rooms. Quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling unit and guest room portions of the buildings. For the purposes of this section, condominiums shall be treated as apartments. For the purpose of this section, a floor level shall be defined as "that portion of a building included between the upper surface of any floor and the surface of the next floor or roof above." fI.rea sepa.ration Fire walls as noted in Section MU:-ê 705 of the Uniform International Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (4) In Group A occupancies that are used as nightclubs and discos where no alcohol is served and where the total gross floor area exceeds 5,000 square feet. Area separation Fire walls as noted in Section MU:-ê 705 of the Uniform International Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (5) In all other occupancies requiring 2,000 gallons per minute or more fire flow, or where the total floor area included within the surrounding exterior walls on all floor levels, including basements, exceeds 10,000 square feet. lima separation Fire walls, as noted in Section ~ 705 of the Uniform International Building Code, shall not be considered to separate a building to enable deletion of the required fire sprinkler system. Group U occupancies are excepted from this subsection. (6) In all occupancies where the building is classified as an overwater structure. Summary of changes to FWCC section 8-121: Eliminate reference to RCW subsections. Reason for change: Redundant and confusing- all definitions are adopted per the RCW. Proposed language: 8-121 Definitions. (a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (b) The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the construction of this article, when applicable. RCW 70.77.120 through 70.77.230 as novi stated or hereaft-o{ amended am adopt-od by reference and 3 A copy of the same shall be kept on file in the office of the city clerk for public use and inspection. In addition, the following term is defined: Dangerous fireworks shall mean any firework.2 not defined as a "common consumer firework.2" under the provisions of RCW 70.77.136. Page 7 of 8 Summary of changes to FWCC section 8-122: Change name of King County Fire District #39 to Federal Way Fire Department. Reason for change: Updates name of fire district. P~posed language: 8-122 Findings of fact. The city council hereby adopts the document, ëntitled "Proposed Prohibition of Fireworks Sale or Use in Federal Way," prepared by KiRf} County Firo Protection Dlstrict ".'0. 39 the Federal Way Fire Department, and makes the following findings of fact: (1) The risks of fires and the danger to public safety and property damages are increased by the sale and use of fireworks within the city. (2) The types of fireworks involved in fires within the city include both the illegal (dangerous) fireworks, and legal (common consumeò fireworks as defined in RCW 70.77.136. (3) Banning the use of all fireworks within the city is rationally related to the city council legislative purpose of reducing and/or eliminating the risk of major property damage and risK to public safety which results from the sale, possession and use of any fireworks. Page 8 of 8