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Home My WebLink AboutROW Mod Response 030220CITY OF L Federal Way C'enten ►' on Opportunity March 2, 2020 S J Architects Attn: Steve Joo 4021 262nd PL SE Issaquah, WA 98029 RE: Permit #20-100439-00-SM; Hwang Short Plat, 32604 45TH CT SW Response to request to waive or modify street improvements Dear Mr. Joo: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Jim Ferrell, Mayor This letter responds to your request to waive the required street improvements along Hoyt Road SW which abuts the above -referenced property, and which is required by City code as part of the subdivision of the referenced property. After evaluating the existing conditions along the referenced street and surrounding neighborhood, review of Federal Way Revised Code (FWRC) provisions (Section 19.135.070), and direction provided by the City Council, the Public Works Department hereby waives the requirement to construct street improvements in Hoyt Road SW as part of this development. FWRC Section 19.135.070; Modifications of Improvements Along Property Frontage, allows the Public Works Department to grant a request to modify, defer, or waive the required street improvements only after consideration of four specific reasons. The reason most applicable here is contained in FWRC 19.135.070(1), "Improvements as required would not be harmonious with existing street improvements, would not function properly or safely, or would not be advantageous to the neighborhood or city as a whole." Hoyt Rd SW is classified as a Minor Arterial, corresponding to City Standard Street Section Type `K', which consists of a 44-foot wide roadway, 6-foot planter strips, 8-foot sidewalks, and 3-foot utility strips within a 78-foot right of way. Existing improvements along the property frontage vary: South of SW 326th St the total width of travel lanes are approximately 22' from edge stripe to edge stripe, a 6-foot school safe walking route, and 36-feet of total paved width within an 84-foot ROW. North of SW 326th St the total width of travel lanes are approximately 22-feet, edge stripe to edge stripe, and 29-feet of total paved width (no school walking rote) within a 72-foot ROW. This approval is conditioned as follows: 1. The owner will have to dedicate a strip of property to the City for right of way along the Hoyt Road frontage. The width of the strip shall be adequate in width to accommodate future development of Hoyt Road to the Type K street standards noted above, along the northern portion of the property. (Current County Assessor's mapping does not give adequate dimensions to accurately determine how much right of way will be required. Accurate survey data for existing right of way will have to be provided with the short plat application.) 2. The owner will be required to sign, notarize, and record the enclosed `LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT'. Once the document is fully signed and notarized, take it to the King County Recorder's office located at 500 Fourth Ave, Suite 430, Seattle, WA 98104, open Monday — Friday 8:30-4:30. After the recording is completed, please either bring back or mail back a conformed copy to City Hall (33325 8th Ave S, Federal Way, WA 98003). Your request also asked the City to waive the requirement to construct a shared access driveway to current City standards. The City's 2-lot shared driveway standard corresponds to City Standard Street Section Type 3-2CC, which consists of a 16-foot paved road within a 20-foot easement. The access road to the existing house is an approximately 12-foot wide paved driveway. Because access to the new lot cannot be made from Hoyt Road, the driveway to the future lot will have to be shared with the existing driveway, which is situated between a neighbor's rock wall and a stream and wetland on the subject property. Because of the existing constraints to be able to widen the driveway to current standards, the Public Works Department hereby approves this request and the owner will not have to improve the existing driveway to City standards. An easement will need to be provided on the short plat drawings for shared access (and utilities if necessary) along the driveway alignment. The conditions of this modification will be applicable for a period of one year from the date of this letter. If a preliminary short plat approval permit is not issued within the one-year time limit, this waiver will be void, and a new request for modification must be submitted. If you have any questions, please contact Kevin Peterson, Engineering Plans Reviewer, at (253) 835 2734. Sincerely, " O.t;� � JAU) Desiree Winkler, P.E. Deputy Public Works Director KP/DW:ss Enclosure: Local Improvement District Waiver of Protest Covenant cc: Project File/kp Day File ADDRESS: City of Federal Way Attn: Kevin Peterson, Public Works Department 33325 8th Avenue South Federal Way, WA 98003-6325 CITY OF FEDERAL WAY LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT Grantor(s): JONGWOON WOO HWANG, a married person, and EUI SOON HWANG, an unmarried person Grantee(s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): Lot 23, Twin Lakes View and that portion of the SE % of the NE '/ of Sec 14, TPW 21 N, R 3 E, W.M. Assessor's Tax Parcel ID#(s): 873218-0230 S-T-R:14-21-03 Permit No: 19-105202-PC THIS COVENANT is made by JONGWOON WOO HWANG, a married person, and EUI SOON HWANG, an unmarried person ("Property Owners") in favor of the City of Federal Way, a Washington municipal corporation ("City"). A. The Property Owner owns certain real property commonly known as 32604 45th Ct SW, Federal Way, WA 98023 and legally described as follows: "See Exhibit "A" attached hereto and incorporated herein by this reference. ("Property"). B. The Property Owner has submitted a request for a permit under Permit No. 19-105202-PC to subdivide the Property which abuts a substandard City right-of-way known as Hoyt Road SW, which project will impact and derive special benefits from the public right-of-way. C. The City may, in the future, construct, reconstruct or improve Hoyt Road SW to City standards including, but not limited to, curbs, gutters, sidewalks, driveways across sidewalks, storm drains, retaining walls, street illumination, landscaping, slope protection, underground power, and necessary appurtenances consistent with good street construction ("Improvements"), so as to benefit the Property, through the formation of a Local Improvement District. NOW, THEREFORE, the Property Owner agrees as follows; Permit. The Property Owner may obtain a building permit for subdivision of the property without the installation of the Improvements so long as all other conditions of the permit, if any, are complied with to the City's satisfaction. 2. No Protest. Pursuant to RCW 35.43.182 and in consideration of the City approving said permit, the Property Owner agrees to participate in and not protest the formation of a Local Improvement District pursuant to RCW 35.43.180. Term. This Covenant shall be for a term of ten (10) years commencing on the date of execution hereof and terminating ten (10) years thereafter. 4. Improvements. Nothing in this Covenant shall in any way absolve the Property Owner of any underlying obligation to make any public improvements as a condition of permit approval under any application other than Permit No. 19-105202-PC prior to the expiration date of this Covenant or upon eighty (80) days' written notice from the City if such public improvements are required pursuant to the Federal Way Revised Code, any other permit application, or other applicable laws, rules, or regulations, as now existing or hereafter adopted or amended. The Improvements may be necessary to mitigate the effects of the development of the Property. This Covenant shall be construed only as providing an alternative means for payment for necessary public improvements through the formation of a Local Improvement District. Binding Effect. This Covenant shall be construed to touch and concern the land, shall run with the land, and bind the Property Owner, its successors in interest, heirs, and assigns. 6. Filing. This Covenant shall be recorded by the Property Owner with the King County Office of Records and the Property Owner shall pay all recording fees. 7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owner's right to object to the Property Owner's individual assessment (including the determination of special benefits allocable to the Property), or to appeal to the Superior Court the decision of the Federal Way City Council affirming the final assessment roll. DATED this _day of , 20_ Signature pages follow PROPERTY OWNER: JONGWOON WOO HWANG 32604 45th Ct SW Federal Way, WA 98023 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, JONGWOON WOO HWANG, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she executed the foregoing instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 120. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires PROPERTY OWNER: EUI SOON HWANG 32604 45th Ct SW Federal Way, WA 98023 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, EUI SOON HWANG, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she executed the foregoing instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ^ , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires Rev. 05/17 EXHIBIT `A' Lot 23, Twin Lakes View, according to the plat thereof recorded in volume 128 of Plats, pages 4 and 5, records of King County, Washington. Together with that portion of the Southeast quarter of the Northwest quarter of Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington, lying easterly of Old F.B. Hoyt Road, as conveyed to King County by deed recorded under Recording No. 993517 and lying westerly of 47th avenue SW (F.B. Hoyt Road SW) as conveyed to King County be deed recorded under Recording Nos. 5075185 and 5174291; Together with that portion of vacated F.B. Hoyt County Road adjoining, which upon vacation, attached to said property by Operation of Law as provided by Ordinance 4996, recorded under Recording No. 8008260790. Situate in the County of King, State of Washington.