LUTC 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.
.
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APPROVAU~Of'COMMITTEE REPORT:
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k:\lutc\2004\09-13-04, nls -Iakegrove-sw 304 st.doc
9m2004
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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
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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
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"'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"'.
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'"' 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
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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 \
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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"",',
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- ,ATION, DV'SION No, 1 L-22.8r ~ ~> .
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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'
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'E' "" CE 'OSEL" "NE
'OL "'6/26-26
-
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"""
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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
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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.
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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 . ~,,' :'
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39,22'** 63,29' 6322' ** 6315' _'§10J?'__"-§.J~OQ'----~"QO':'_'*]!L~'- ---' -, ~?4", -- ,:~I
£~;6-:43" ------------ ------ 6~90'41'48~" I / "f:fiiE,24 "' > '_L/
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25' I",§."~' I "~90'20'31" 00; ',375", om 5,38"', om 8,'0"'" 00; 8,""'" 00; 6=89'30'58"1 0 "'1 in
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FEDERAL WAY FILE No. 04-101152-00-SU
SHEET 4 OF 4
SEE SHEETS 1 AND 2 OF 4 FOR ADDITIONAL NOTES
DALEY-MORROW-POBLETE, INC,
726 AUBuRN W<Y NORTH
AUBURN, wASHINeTON 98002
RHO" (25»033-2200 (1A')O33-2206
~~n ..... ENGJNEERING - SURVEYlNG
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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
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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
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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
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ENGINEERING - SURVEYING
LAND PLANNING
SHEET 1 OF 4
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13 AUG 04
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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
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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
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~I TRACT Q'./ gLqI 37
(J) 'A'J <' o~
, ..) Z~
~ I I N89"31'55'E
~ p~I:I~- 154,01'
NI ~
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. 31~0~
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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~~"-
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'-- SEE SHEET
36
35
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41
43
n
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W
I
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44
2
~I
UNPLA TTED
w
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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:,
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18
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19
40
39
38
26
25
24
23
22
21
17
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w
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w
w
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3
5
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I- I-
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W W
I I
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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
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~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
.
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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
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DALEY-MORROW-POBLETE, INC,
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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_--:::----
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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.
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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
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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.
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent - ESM Consulting Engineers
Applicant
~ 11-
fJß~GE~O~ ---Q-
Staff Report to the Hearing Examiner
Preliminary Plat of Lakota Crest
Page 16
98-1O3452-O0-SU / Doc ID 27961
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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
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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
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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
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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.
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'.. . ..
"'..'
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