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20-100439CITY OF Aft� Federal Way March 2, 2020 S J Architects Attn: Steve Joo 4021 262nd PL SE Issaquah, WA 98029 RE: Permit #20-100439-00-SM; Hwang Short PIat, 32604 45TH CT SW Response to request to waive or modify street improvements Dear Mr. Joo: CITY HALL 33325 8th Aver sue South Rederai Way, VVA 98003-6325 (253) 635-7000 A;ww. dtyrffederaly✓a y. com Jin? Ferreil, Niayor This letter responds to your request to waive the required street improvements along Hoyt Road SW which abuts the above -referenced property, and which is required by City code as part of the subdivision of the referenced property. After evaluating the existing conditions along the referenced street and surrounding neighborhood, review of Federal Way Revised Code (FWRC) provisions (Section 19.135.070), and direction provided by the City Council, the Public Works Department hereby waives the requirement to construct street improvements in Hoyt Road SW as part of this development. FWRC Section 19.135.070; Modifications of Improvements Along Property Frontage, allows the Public Works Department to grant a request to modify, defer, or waive the required street improvements only after consideration of four specific reasons. The reason most applicable here is contained in FWRC 19.135.070(1), "Improvements as required would not be harmonious with existing street improvements, would not function properly or safely, or would not be advantageous to the neighborhood or city as a whole." Hoyt Rd SW is classified as a Minor Arterial, corresponding to City Standard Street Section Type `K', which consists of a 44-foot wide roadway, 6-foot planter strips, 8-foot sidewalks, and 3-foot utility strips within a 78-foot right of way. Existing improvements along the property frontage vary: South of SW 326th St the total width of travel lanes are approximately 22' from edge stripe to edge stripe, a 6-foot school safe walking route, and 36-feet of total paved width within an 84-foot ROW. North of SW 326th St the total width of travel lanes are approximately 22-feet, edge stripe to edge stripe, and 29-feet of total paved width (no school walking rote) within a 72-foot ROW. This approval is conditioned as follows: 1. The owner will have to dedicate a strip of property to the City for right of way along the Hoyt Road frontage. The width of the strip shall be adequate in width to accommodate future development of Hoyt Road to the Type K street standards noted above, along the northern portion of the property. (Current County Assessor's mapping does not give adequate dimensions to accurately determine how much right of way will be required. Accurate survey data for existing right of way will have to be provided with the short plat application.) 2. The owner will be required to sign, notarize, and record the enclosed `LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT'. Once the document is fully signed and notarized, take it to the King County Recorder's office located at 500 Fourth Ave, Suite 430, Seattle, WA 98104, open Monday — Friday 8:30-4:30. After the recording is completed, please either bring back or mail back a conformed copy to City Hall (33325 8th Ave S, Federal Way, WA 98003). Your request also asked the City to waive the requirement to construct a shared access driveway to current City standards. The City's 2-lot shared driveway standard corresponds to City Standard Street Section Type 3-2CC, which consists of a 16-foot paved road within a 20-foot easement. The access road to the existing house is an approximately 12-foot wide paved driveway. Because access to the new lot cannot be made from Hoyt Road, the driveway to the future lot will have to be shared with the existing driveway, which is situated between a neighbor's rock wall and a stream and wetland on the subject property. Because of the existing constraints to be able to widen the driveway to current standards, the Public Works Department hereby approves this request and the owner will not have to improve the existing driveway to City standards. An easement will need to be provided on the short plat drawings for shared access (and utilities if necessary) along the driveway alignment. The conditions of this modification will be applicable for a period of one year from the date of this letter. If a preliminary short plat approval permit is not issued within the one-year time limit, this waiver will be void, and a new request for modification must be submitted. If you have any questions, please contact Kevin Peterson, Engineering Plans Reviewer, at (253) 835 2734. Sincerely, Desiree Winkler, P.E. Deputy Public Works Director KP/DW:ss Enclosure: Local Improvement District Waiver of Protest Covenant cc: Project File/kp Day File ADDRESS: City of Federal Way Attn: Kevin Peterson, Public Works Department 33325 8th Avenue South Federal Way, WA 98003-6325 CITY OF FEDERAL WAY LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT Grantor(s): JONGWOON WOO HWANG, a married person, and EUI SOON HWANG, an unmarried person Grantee(s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): Lot 23, Twin Lakes View and that portion of the SE '/ of the NE '/ of Sec 14, TPW 21 N, R 3 E, W.M. Assessor's Tax Parcel ID#(s): 873218-0230 S-T-R:14-21-03 Permit No: 19-105202-PC THIS COVENANT is made by JONGWOON WOO HWANG, a married person, and EUI SOON HWANG, an unmarried person ("Property Owners") in favor of the City of Federal Way, a Washington municipal corporation ("City„). A. The Property Owner owns certain real property commonly known as 32604 45th Ct SW, Federal Way, WA 98023 and legally described as follows: "See Exhibit "A" attached hereto and incorporated herein by this reference. ("Property")- B. The Property Owner has submitted a request for a permit under Permit No. 19-105202-PC to subdivide the Property which abuts a substandard City right-of-way known as Hoyt Road SW, which project will impact and derive special benefits from the public right-of-way. C. The City may, in the future, construct, reconstruct or improve Hoyt Road SW to City standards including, but not limited to, curbs, gutters, sidewalks, driveways across sidewalks, storm drains, retaining walls, street illumination, landscaping, slope protection, underground power, and necessary appurtenances consistent with good street construction ("Improvements"), so as to benefit the Property, through the formation of a Local Improvement District. NOW, THEREFORE, the Property Owner agrees as follows: Permit. The Property Owner may obtain a building permit for subdivision of the property without the installation of the Improvements so long as all other conditions of the permit, if any, are complied with to the City's satisfaction. 2. No Protest. Pursuant to RCW 35.43.182 and in consideration of the City approving said permit, the Property Owner agrees to participate in and not protest the formation of a Local Improvement District pursuant to RCW 35.43.180. 3. Term. This Covenant shall be for a term of ten (10) years commencing on the date of execution hereof and terminating ten (10) years thereafter. 4. Improvements. Nothing in this Covenant shall in any way absolve the Property Owner of any underlying obligation to make any public improvements as a condition of permit approval under any application other than Permit No. 19-105202-PC prior to the expiration date of this Covenant or upon eighty (80) days' written notice from the City if such public improvements are required pursuant to the Federal Way Revised Code, any other permit application, or other applicable laws, rules, or regulations, as now existing or hereafter adopted or amended. The Improvements may be necessary to mitigate the effects of the development of the Property. This Covenant shall be construed only as providing an alternative means for payment for necessary public improvements through the formation of a Local Improvement District. 5. Bindin , 1~ffcc . This Covenant shall be construed to touch and concern the land, shall run with the land, and bind the Property Owner, its successors in interest, heirs, and assigns. 6. Filing. This Covenant shall be recorded by the Property Owner with the King County Office of Records and the Property Owner shall pay all recording fees. 7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owner's right to object to the Property Owner's individual assessment (including the determination of special benefits allocable to the Property), or to appeal to the Superior Court the decision of the Federal Way City Council affirming the final assessment roll. DATED this _day of , 20_ Signature pages follow PROPERTY OWNER: JONGWOON WOO HWANG 32604 45th Ct SW Federal Way, WA 98023 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, JONG► OWN WOO iIWANG, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she executed the foregoing instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20___„ Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires PROPERTY OWNER: EUI SOON HWANG 32604 45th Ct SW Federal Way, WA 98023 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, EUI SOON H%VMNG, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she executed the foregoing instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ........... ..... . „ __....._ ", 20__... Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires Rev. 05/17 EXHIBIT `A' Lot 23, Twin Lakes View, according to the plat thereof recorded in volume 128 of Plats, pages 4 and 5, records of King County, Washington. Together with that portion of the Southeast quarter of the Northwest quarter of Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington, lying easterly of Old F.B. Hoyt Road, as conveyed to King County by deed recorded under Recording No. 993517 and lying westerly of 47th avenue SW (F.B. Hoyt Road SW) as conveyed to King County be deed recorded under Recording Nos. 5075185 and 5174291; Together with that portion of vacated F.B. Hoyt County Road adjoining, which upon vacation, attached to said property by Operation of Law as provided by Ordinance 4996, recorded under Recording No. 8008260790. Situate in the County of King, State of Washington. CITY Or Federal Way PUBLIC WORKS DEPARTMENT STREET MODIFICATION REQUEST / ACTION Project Name Hwang 2-lot Short Plat Permit # 19-105202-PC Location 32604 45th Ct SW Request #1 The applicant is seeking to waive street frontage improvements in Hoyt Road SW, adjacent to the subject property. Staff Analysis Hoyt Rd SW is classified as a Minor Arterial, corresponding to City Standard Street Section Type `K', which consists of a 44-foot wide roadway, 6-foot planter strips, 8-foot sidewalks, and 3-foot utility strips within a 78-foot right of way. Existing improvements along the property frontage vary: South of SW 326th St the driving surface is approx. 22' from edge stripe to edge stripe, a 6-foot school safe walking route, and 36-feet of total paved width within an 84-foot ROW. North of SW 326th St the driving surface is approx. 22-feet, edge stripe to edge stripe, and 29-feet of total paved width (no school walking route) within a 72-foot ROW. The total length of property frontage along Hoyt Road is approximately 870-feet. The original plat that this property is a part of - Twin Lakes View - specifically restricts direct vehicular access to Hoyt Road SW, therefore both lots will be accessed from 45th Ct SW. Requirements / Conditions of Approval Staff recommends approval of the request to not construct the improvements since there will be no direct access to Hoyt Road, there will be minimal traffic impacts of 1 new SF residence as a result of the subdivision, and the cost of improvements along this frontage would not be proportionate with the development. Staff recommends that the owner dedicate right of way, adequate in width to accommodate future development of Hoyt Road to the Type K street standards, along the northern portion of the property. (Current County Assessor's map does not give adequate dimensions to accurately determine how much right of way may be required. Accurate survey data for existing right of way will have to be provided with the short plat application.)) �. Staff Recommendation: , �`�` k 0 Initial Date ave Deny Development Services Reviewer je f 2 Zs` u_) C� ❑ Development Services Manager CA C142nJao d ❑ w `4\ Traffic Division Reviewer Traffic Division Manager ZS �e6 zo2a Deputy Directoru'Z��'Zi✓ ❑ Director Decision 8­- I:\formletters\Street Mod Requests\Street Mod Request Form - Hwang SP Hoyt Road.docx Scan completed form into Amanda folder CITY OF Federal Way PUBLIC WORKS DEPARTMENT STREET MODIFICATION REQUEST / ACTION Project Name Hwang 2-lot Short Plat Permit # 19-105202-PC Location 32604 45th Ct SW Request #2 The applicant is also seeking to waive the requirement to improve the existing driveway to the City standard 2-lot shared access driveway. Staff Analysis The applicant is proposing to subdivide one existing lot into two lots. Currently, there's an existing SF residence on the southern portion of the lot. The City's 2-lot shared driveway standard corresponds to City Standard 3-2CC, which consists of a 16-foot paved road within a 20-foot easement. The access road to the existing house is an approximately 12- foot wide paved driveway. Because access to the new lot cannot be made from Hoyt Road, the driveway to the future lot will have to be shared with the existing driveway, which is situated between a neighbor's rock wall and a stream and wetland on the subject property. Requirements / Conditions of Approval Due to the existing constraints of the neighboring rockery and the on -site critical areas and associated buffers, staff recommends approval of the request to not improve the existing driveway to City standards. Staff Recommendation: Development Services Reviewer Development Services Manager Traffic Division Reviewer Traffic Division Manager Deputy Director Director Decision Initial Date Approve Deny lc Q •Z ❑ �5 �e6 2D ZD � ❑ 3 2,2 0/ ❑ I:\fonnletters\Street Mod Requests\Street Mod Request Form - Hwang SP Hoyt Road.docx Scan completed form into Amanda folder Skk"o- I(Dou3� � RECEIVED FEB 0 3 2020 SJ ARCHITECTS CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT January 31, 2020 EJ Walsh, P.E. Public Works Director City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Re: Hwang Short Plat, 32604 451h Court SW, Federal Way, Parcel #873218-0230 Dear Mr. Walsh, Proposed property for the short plat is a long and narrow single family residential lot with total area of 84,916 sq. ft. Owner is pursuing to see if the northern end of the property will be acceptable to be divided into another single family lot. This is to request to waive the requirement of the Street Frontage Improvements ( FWRC 19.135.040) for the above referenced project for following reasons, and also to request a narrower access road for the two lot private driveway(3-02CC 2 Lot Private Driveway). 1. I have learned that the property will not be allowed to have a direct access onto Hoyt Road per the recoded plat. Original plat indicates that the residential lots should have no direct access onto Hoyt Road. In the case, the meaning of Street "Frontage" Improvement of Hoyt Road would not be applied for the proposed project. 2. Due to the long and narrow property shape, it will require the total length of 870.78 feet improvements where the property is faced with Hoyt Road. Construction of improvements for the total length will make the proposed project, one additional property, not be feasible. Northern lot will be remained undeveloped which may be loss of opportunity for additional piece of land and growth of community. 3. After the detailed study about the available lot size throughout the short plat, if it is found that the lot is big enough for dedication, the property owner will dedicate right-of-way on Hoyt Road for future Street Frontage Improvement by the City of Federal Way. Although, this will require detailed studies including wetland delineation of the property, wetland buffer zone study, and area of the access road from the 45th Court SW to the property. We hope we will be able to find the good result. Hwang Short Plat, 32604 45th CT SW Federal Way WA 98023, Parcel #873218-0230 Page 1 of 2 4. Discussed with the pre -application plans reviewer, I learned that City of Federal Way standards for a 2-lot access drive is a 16 feet paved access road within a 20 foot wide easement. However, given the site constraints — the wetland/stream and their associated buffers — I would like to request you to allow a narrower access road. A narrower access road would be a key factor for the proposed project's feasibility. Please review the circumstances and let me know if it will be possible to waive the requirement of the Street Frontage Improvement (FWRC 19.135.040) and be possible to allow a narrower access road. 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A 1 "° 219 S5 W ,. �.`'� >, N 73-v 0'g3 "^ ` d 1 6 25 t� 1 a 8•.0. 9a �r 2s 34- '�• ,l q - r LOW � O a 1m zQ CIO ice_ � r.,� . �' �- �,� '• - *� Q n SK • � a � 'o m o E _ a lee II °s8�ro 1� � - 1. mw.EL r� ► - m r•i`4 -5. y�� � l�,l. I • row � o i •'�:- �� �- 4 �i E E ro a d on - 1r .. ° a ( � iA rncd E" Lip Kg z �M U CT-a"j AM ORDER NO.: 5207129611 LEGAL DESCRIPTION EXHIBIT The land referred to is situated in the County of King, City of Federal Way, State of Washington, and is described as follows: Lot 23, TWIN LAKES VIEW, according to the plat thereof recorded in Volume 128 of Plats, pages 4 and 5, records of King County, Washington; TOGETHER WITH that portion of the Southeast quarter of the Northwest quarter of Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington, lying Easterly of Old F.B. Hoyt Road, as conveyed to King County by Deed recorded under Recording No. 993517 and lying Westerly of 47th Avenue S.W. (F.B. Hoyt Road S.W.) as conveyed to King County by Deeds recorded under Recording Nos. 5075184 and 5174291; TOGETHER WITH that portion of vacated F.B. Hoyt County Road adjoining, which upon vacation, attached to said property by Operation of Law, as provided by Ordinance No. 4996 recorded under Recording No. 8008260790. SITUATE in the County of King, State of Washington Property Address: 32604 45th Court Southwest, Federal Way, WA 98023 ABBREVIATED LEGAL Lot 23, TWIN LAKES VIEW and that portion of the Southeast quarter of the Northwest quarter of Section 14, Township 21 North, Range 3 East, W.M. Tax Account No. 873218-0230-00 Page 1 of 1 q81looJ619 When recorded return to: OLO REPUBLT won Woo Hwang PAGE-001 OF 5.3 B g 08/11/2015 13 !on:37 32604 45th Ave Ct SW KING COUNTY, WA Federal Way, WA 98023 E2749031 KING COUNTY, WA TAX 15403,92 SALE $33:310-00 PAGE-001 OF 001 - 2P(01( STATUTORY WARRANTY DEED OLD REPUBLIC TrtLF LTA] THE GRANTOR(S) NNii jjcole Rcnec Drake who acquired title as Nicole Renee Sampson and Stuart Drake, wife and husband, for and in consideraion of ten dollars (S 10.00) and other good and valuable consideration, in hand paid, conveys, and warrants to longwon Woo Hwang, a married person, and Eui Soon Hwang, an unmarried person, the following described real estate, situated in the County of King, State of Washington: The [and referred to is situated in the County of King, City of Federal Way, State of Washington, and is described as follows: Lot 23, TWIN LAKES VIEW, according to the plat thereof recorded in Volume 128 of Plats, pages 4 and 5, records of King County, Washington; TOGEi1-IER Wr that portion of the Southeast quarter of the Northwest quarter of Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington, lying Easterly of Old F.B. Hoyt Road, as conveyed to King County by Deed recorded under Recording No. 993517 and lying Westerly of 47th Avenue S.W. (F.B. Hoyt Road S.W.) w wnveyed to King County by Deeds recorded under Recording Nos. 5075184 and 5174291; TOGETHER WITH that portion of vacated F.B. Hoyt County Road adjoining, which upon vacation, attached to said property by Operation of Law, as provided by Ordinance No. 4996 recorded under Recording No. 8008260790. SITUATE in the County of King State of Washington Property Address: 32604 45th Court Southwest, Federal Way, WA 98023 Tax Parcel Numbetjs): 873218-0230-00 Dated: August 10, 2015 Nicole Renee Drake Stuart Drake LPB 10-05(i) STATE OF ss. COUNTY OF hljj�o,&dt I certify that I know or have satisfactory evidence that Nicole Renee Drake and Stuart Drake the pers4g who appeared before me, and said pam&cknowledged that he/sh ey s gned this instrument and acknowledged it to be hislha ithe'sr rec and voluntary act for the uses and purposes mentioned in this instrument.. Uacrx/J V l 0, '2 l: D0Or Notary nameprintedortyped: Ra! o 0 Thy Notary public in and for the State of r4 4 Residing at -t-A C V pS S f o rc SPATE My appointment expires: 4F TES�'1E55EE �` Commission Expires bfOTARY pMay 15, 2018 � LIELIC �_ ti �r��MER'1 G LPB I0-05(i) . uav [aaa avra•aa •.auu t.va uu r-a . auV vl.uuvL+.luu total. tau llaa.•. a'VL.,La t.\/l�l■l�L' �L'.V (See back page for instructions) LJ Check box if artial sale of ro Nicole Renee Drak And Stuart Drake, wife and Name husband ac aMailing Address 1885 Basham LN ce City/Statetzip Clarksville, TN 37043 Phone No. (including area code) Send all property tax correspondence to: LJ Same as Buyer/Grantee Name Jongwon Woo Hwang and Eui Soon Hwang Mailing Address 32604 45th Ave Ct SW City/stale/Zip Federal Way, WA 98023 Phone No. (with area code) _ _ 11 multiple u. _crs, hst percentage at Ownership nett 10 name Jongwon Woo Hwang,A '(MYYVCt Name nr\d 1FA-rQ 15,KYl 'O(Ii 00a _ _ C10 Lu m Fes- Mailing Address 2401 Windward Blvd Apt 205 rz m city/state/zip Champaign, IL 61821 U Phone No. (including area code) List all real and personal tax parcel account Listed assessed values) numbers — check box if personal property 873218-0230-00 Street address of property: 32604 45th Ave Ct SW, Federal Way, WA 98023 This Property is located in ❑ unincorporated King County OR within ❑ city of Federal Way, ❑ Check box ifany of the listed parcels are being seg regaled from a larger parcel. Legal description of property (if more space is neeileJ.�you may attach a separate sheet to each page of the affidavit) See Exhibit "A" Attached .{[�OLD REPUBLIC TITLE ETD Enter Abstract Use Categories (Please see list on back page of this farm) If exempt from property tax per chapter 84.36 RCVS' tnonprofil organi7,ation),include: Seller's Exempt Reg. No.: YES NO Is this property designated as forest land chapter 84.33 RCW? Is this property classified as current use (open space, farm and agricultural, or timber) land per chapter 8434? Is this property receiving special valuation as historical ❑ property per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space. farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must their determine if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does ® does not qualify for continuance DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) do not wish to continue, all additional tax calculated pursuant to chapter 9426 RCW, shall be due and payable by the seller or transferor at the time ofsale. (3) OWNER(S) SIGNATURE List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number reason for exemption: WAC No. (Sect ion/Subsection) Reason for exemption Type of Document Statutory Warranty Deed l}ate.!r4'Flncumrnt 08/10/15 Gross Selling Price *Personal Property (deduct) Exemptiorr Claimed (deduct) Taxable Selling Price 'Ezcise Tax: State Local *Delinquent Interest: State Local *Delinquent Penalty *County Technology Fee *State Technology Fee *Affidavit Processing Fee Total Due $ $303,310.00 $ O.OG $ $303,310.00 $ 0.00 $ 0.00 $ 0.00 $ �7�2�b ova $ r 5.00 $ $ 5,403.92 A MINIA4UM OF $10.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS Er(CERTIFY DER PENALTY OF PERJURY THATTHE FOREGOING ISTRUEAND CORRECT Signature of Signature of Grantor or Grantor's A eni Grantee or Grantee's A en Name (print) Sarah Larson, ge Name (print) Sarah La on Atellf Date & city of signing: 8/'11/2 Everett � Date & city of signing 811 1/2015 Everett Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars (55.000.00), or by both imprisonment and fine (RCW 9A20.020 (IC). REV 84 0001 a (06/23/05) THIS SPACE —TREASURER'S USE ONLY COUNTY TREASURER 1111111111111111111111111111111111111111{Ill(