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LUTC PKT 02-06-2006 City of Federal Way City Council Land Use/Transportation Committee February 6Th, 2006 City Hall 5:30 p.rn. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: January 9Th, 2005 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Lakehaven Utility District ILA; Preliminary Engineering Services Action 5 min / Salloum Amendment No. 1 B. S 333rd Street and 1st Way South Traffic Signal- 100% Design Action 10 min / Miller Approval and Authorization to Bid C. Pena Final Plat Action 10 min / Barker D. 2006 Planning Commission Work Program Action 15 min / Clark E. Update on King County Annexation Model Project Action 10 min / McClung 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members City Staff Jack Dovey. Chair Cary M. Roe. P.E.. Public Works Director Eric Faison Marianne STiles, AdministraTive Assistant Michael Park 253-835-2701 G:ILU1CILUTC Agelldas and Summaries 1006\02,.06.06 LUTe Ag~"d(J.dQ{: City of Federal Way City Council Land Use/Transportation Committee January 9Th, 2006 City Hall 5:30 pm Council Chambers MEETING MINUTES In attendance: Council Member Jack Dovey, Council Member Michael Park, Council Member Eric Faison, Council Member Linda Kochmar, Mayor Dean McColgan; lnterim City Manager Derek Matheson; Economic Development Director Patrick Doherty; Public Works Director Cary Roe, Public Works Deputy Director Ken Miller; Street Systems Manager Marwan Salloum; Community Development Director Kathy McClung; Senior Planner Lori Michaelson; Deputy City Attorney Karen Kirkpatrick; and Administrative Assistant Marianne Stiles. Three citizens also attended, 1. CALL TO ORDER Councilman Dovey called the meeting to order at 5:30 pm, 2. APPROVAL OF MINUTES The December 19T\ 2005, minutes were approved. 3. PUBLIC COMMENT none 4. BUSINESS ITEMS A. Grant Funding for Transportation Improvement Projects Marwan Salloum provided background information to the committee. Cmte PASSED staff recommendation to fwd Option I to the January 17Th Council Consent Agenda, Councilman Park. SECONDED Councilman Faison 'J>:"\~~~J?ml!ll~ll.imously. B. Pac Hwy S. HOV Lanes Phase HI Project (S. 284Th to Dash Pt. Rd.) - 85% Status Report Marwan Salloum provided background information to the committee. Chair Dovey recused himself from the vote. Cmte PASSED staff recommendation to fwd Option I to the January t 7tl. Council Consent Agenda. ~ 9ygp~yi::()11~cill!1(l11f'(li~()~~. .. m.. ..... m .~gG9Np..~i? :~y: ~~~~cTi~~~)>_a~k... ..... '.'::. P'!\.~:~.~Q:~:t~-O----____~mmm.:..,} Mayor Park asked when the 100% level will be reached. Marwan Salloum replied that they should know by April or May, with Puget Sound Regional Council (PSRC) grant results, Councilman McColgan asked if having HOV lanes on SR99 actually encourages car pooling. He asked why the lane couldn't be opened for general use by all traffic, Marwan Salloum replied that the HOV lanes have a dual purpose. They function as right-hand turn lanes for cross streets and into businesses. Also, the grant funding that was received to widen the road was pre-qualified on including HOV designated lanes. Cary Roe said the HOV lanes encourage 2+ populated vehicles to migrate into the HOV lanes, freeing up the other lanes for other drivers, The HOV lanes also work for transit buses. When the corridor is complete, north to south, it will be more heavily used. Councilman McColgan asked if the City has done an out-put survey to see the end result. Cary Roe said that when it is finished a study will be done and also the affect of the HOV lanes, SR99 is a State Route, and is subject to State regulation, Mayor Park asked if some areas ofSR99 were narrowed 10' - IS' from the original design due to acquiring reduced Right Of Way (ROW). Cary Roe confirmed that the project will have a reduced impact on private property. Mayor Park also noted that the section of SR99 from 200th - 216th in SeaTac does not include HOV lanes, Cary Roe explained that when that section was renovated the decision was made to put an HOV lane in only one direction. Mr. Roe continued, mentioning that today at a KPEC meeting it was confirmed that the City will likely receive $970,000 (i'\LUTC\LUTC AgtnJjts i$nd Summ~ril::; 2006\01-09-06 Lure Minutes.doc: ______m_n Land Use/Transportation Committee Page 2 December 191\ 2005 in funding from PSRC's County Wide Fund. Additionally, no final action on funding is required today. The City's outstanding grant for regional mobility program request on this project has been short-listed and has a good chance of receiving $1,214,000 in funding. Councilwoman Kochmar asked if Phase II will include light rail on the west side ofSR99. Cary Roe responded that the northern portion is planned to be on SR99. After the Kent-Des Moines interchange the route is undecided. It will either follow 1-5 or SR99. Light rail would have a significant impact and cost on the newly renovated SR99. If the light rail lines are elevated they will be even more expensive. Councilwoman Kochmar requested any public information available on this issue. c. Proposed Text Amendments to FWCC Chapter 22, "Zoning", Pertaining to City Center and Neighborhood Business Zones Lori Michaelson provided a summary of the background information provided at the last LUTC meeting on December 19,2005. Detailed discussion is included below. ._..__.____c:;~~~_!:'A:_~_~~P_.t~_~_.?}!~_~~I1!I1!~!lc!<l~io}~~, f!~~_ t!t_e~!'J.<l_p_I!i.I!lt~~g1g1i~~i~Il_m____~___.,.,___,_M___._.._m.--.--------------1 lMQ_y~QJ?y_f.~~~(:~I'!l.aJl-E~!-~~!l:---..-.~-~~Q.~p,gQ-bX..<;:~ll!:l.cJI~<l_l1_!'_<l_.t:.~:.__.._.._!'_~_~~_~q,. t,!,n_ar.! i.I!I.~~I~.!'i._.._..j ,_.._.._.._c:;_Il?-~~_!'.A_~_~~Q..t~_~_g;A~!:ILIl,g.E~~~i!?i~~?Il..!r~I1!_s_taff~_r(~.c.~IEIE_ep_~~!i~Il:.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._ ~QyE_I2__~y_~~~(:gIl?:<l__Il.E<l_!.~~!l:_.._..___~g~Q.~p1;:Q_bX__<;:~ll!lcj.1!lc1~11}~()~~y:__________~~_~~gQ_~_.I::()!,J.A_tl!.iIl.s_!:: Cmte PASSED all three single-story related staff recommendations with a modification of the 20,000 sq ft size ~~i~.llIl?:t()<l-Jg,ggQ_~q_!!_!l1~~il!ll!Il?::. .._ _ _ _ __._....'mmm'."'.'.mmmmmmm.__."..'.m....'...m.'.'..'._......'.m'...."..'....'...'..'mm'.'....m.'. '..."" '.', ~Qy'~Q..!?,y_C;:()l,ll1cil~ap _.I::~i_~()!.l:____m___~~~Q~pgp _~Y.C;:()ll!l(:i.1.rp<l-!-:1.J)_~~:.._.._.. _!'AS.~.~p..l!_n_a.Ililp.glJ~ly:i All item "c' recommendations are going to the January 17th Council Consent Agenda. Discussion: Ms. Michaelson stated that the Planning Commission forwarded 23 ofthe 27 amendments with their recommendation to approve. The remaining four were forwarded without recommendation because a no consensus was reached. The Planning Commission wants a more gradual building-height increase and staff agrees with this recommendation and provided implementing text. The options available to the LUTC members are on page seven; staff recommends Option I, to adopt the draft ordinance as noted. 'Non-conformance' was discussed; "legal" non- conformance is OK within certain thresholds. The main considerations oflending institutions are: I) Ability to rebuild if damaged, 2) Ability to continue operating the use, 3) Degree/extent to which non~conformance may impact the value of the structure. Councilwoman Kochmar asked: if a business that was over 25,000 sq ft sold, would it have to conform? Ms. Michaelson replied that selling it does not force conformity; the question would be: do they want to expand? Under proposed code they could add additional floors to increase square footage. Chairman Dovey asked about non- conformity on size: IfWal-Mart sold their 50,000 sq ft building to a 70,000 sq ft buyer, would it be ok? Ms. Michaelson replied that yes, because the code deals with "new". Chairman Dovey asked, if it burns down could they rebuild? Ms. Michaelson said yes, although the city could require minor improvements. Councilman Park asked about the permitted yearly expansion of 1,000 sq ft - could a property expand 1,000 sq ft a year for 12 years and end up with a 12,000 sq ft addition? What is the reasonable square footage for an expansion, for small business owners? Ms. Michaelson replied that only 'minor' expansions are allowed for additions such as seating area, or entrance structures, and then with the Director's approval. Councilwoman Kochmar asked if non-conformity would be a problem for a sale, or a loan for a remodel. Ms. Michaelson said financing decisions depend on a lender's guidelines and risk- assessment. Councilwoman Kochmar asked what the old theatre would have to do to redevelop, using the shell. Ms. Michaelson replied that, if they used the existing building, they'd be free to remodel it unless it had been "abandoned". If they wanted to tear it down and start over then they would have to meet code (i.e. the 20,000 sq ft max size). Patrick Doherty noted that the existing rebuild allowance is only 75%; the new code allows 100% rebuild and is better for lending companies, encouraging them to lend. Councilman Park asked if the 20,000 sq ft single-story size limitation is unique. It's not a concern in [areas such as] Bellevue because their property values are so high. Patrick Doherty said the City works towards maximizing the value & utility of property to build up its value as it also naturally increases. Councilman McColgan asked, based on a site max of20,000 for single-story construction, what is the definition ofa "site"? Ms. Michaelson responded that a site is the "subject property" as defined by code, Question: IF an owner builds one 20,000 sq ft building, can they then split and sell half their property and build another 20,000 sq ft building on the new section? Patrick Doherty said that if G:ILUTCILUTC Agendas and Summaries 2006\01-09-06 LUTC Minutes,doc Land Use/Transportation Committee Page 3 December 19th, 2005 people tried to out-fox the regulations the permit process would catch up with them. Example: parking spaces for the retail space would need to be retained. Councilman McColgan asked how the 20,000 sq n size was arrived at? Ms. Michaelson said that Faith Lumsden's study suggested 15,000 - 25,000 sq ft. Patrick Doherty said they chose 20,000 sq ft as a nice compromise. Mom & Pop stores will fit within that size range; larger sites will have more resources. Councilman Faison said he is going to propose a maximum size of 10,000 sq ft for single story development and wants the full Council to address larger buildings and more parking. He clarified that the Lumsden study recommended 10,000 - 25,000 sq ft. Councilman McColgan asked another question about splitting a site. The response was that if the developer/owner had built it up to capacity the city would not allow the permit to split it. He then asked about an equivalent to University Village; how would such a development take place in Federal Way? Patrick Doherty responded that the U-VilIage development was almost entirely a re-build (except for the Crate & Barrel). Federal Way's code will encourage multiple stories. Question asked: so one single-story building OR multiple multi-story buildings are allowed? Patrick Doherty replied that only ONE single-story 20,000 sq n building would be allowed. Councilman Faison noted that this is about giving more options; there are many other areas in Federal Way that single-story development can go without restriction. Councilman Park stated that property values should go up fast enough that the 20,000 sq n limit on single story development will not be a problem soon. He asked ifthere was data on the change in property values in the last five years, Cary Roe responded that case studies show that it does go up. Safer, better roads positively affect property values. Patrick Doherty agreed that property values are rising; things also depend on what's going on "next door". Chairman Dovey restated that the goal of tonight's LUTC is to forward a recommendation to the full Council. Councilman Park suggested the gambling industry should self-regulate. Councilman Faison said that while he is not against gambling in general be wants a consistent focus on the downtown 'City Center'. There are other areas where gambling establishments could operate within Federal Way. Councilman Faison made a motion to modify the maximum size restriction on single story development to 10,000 sq ft, to better promote multi-story development. Councilman Park agrees with Councilman Faison. Chainnan Dovey thinks it will stimulate conversation and agrees to forward it to Council. Councilman McColgan asked that the Council be informed what the impact of the size reduction might be. Councilman Faison wants to prohibit grocery and hardware stores in the city center unless they are part of a mixed use development or accompanied by structured parking, and thus said, should apply to the City Center Core and the portion of the City Center Frame located: N of 3201h, S of312'h, W ofI-5, E ofSR99. Councilman Faison will raise these issues at Council. Another issue is: is the area north of the Core a separate zone? Kathy McClung said staff will research a Frame A and Frame B issue. Councilman Faison said that north of the Core seems different from the west of the Core (Best-Buy, etc). SR99 is the dividing line. 5. FUTURE MEETINGS The next scheduled meeting will be February 6th, 2006. 6. ADJOURN The meeting adjourned at 6:54 p.m. G:\LUTC\LUTC' Agendas and Summaries 2006\OI-OQ-06 LUTe Minutc5,d()c CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2006 TO: Land Use and Transportation COrnmittee~ VIA: Derek Matheson, Interim City Manager FROM: Cary M. Roe, P.E., Public Works Director ~ Marwan Salloum, P.E., Street Systems Manager ~. SUBJECT: Lakehaven Utility District Interlocal Agreement; reliminary Engineering Services Amendment No.1 POLlCY QUESTION: Should the Council authorize staff to enter an Amendment to the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects to extend the term to December 31,2006? BACKGROUND: The Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects was executed on November 17, 2005. The term of this agreement is January to December, and amended yearly. The Interlocal Agreement has a $50,000 limit per term and may be amended depending on the Capital Projects within the term. OPTIONS: 1. Authorize staff to enter an Amendment to the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects to extend the term to December 31, 2006. 2. Do not authorize staff to proceed and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the February 21,2006 City Council Consent Agenda for approval: Authorize staff to enter an Amendment to the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects to extend the term to December 31, 2006. COMMITTEE RECOMMEND A TION: Forward the above staff recommendation to the February 21,2006 City Council Consent Agenda. ec: Project File Day File FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHA VEN UTILITY DISTRICT FOR PRELIMINARY ENGINEERING SERVICES FOR WATER AND SANITARY SEWER INFRASTRUCTURE RELATED TO TRANSPORTATION AND SURFACE WATER MANAGEMENT PROJECTS This First Amendment ("Amendment") is dated effective this first day of January, 2006 and is entered into by and between the City of Federal Way (hereinafter "City"), and Lakehaven Utility District, (hereinafter "District"). A. The City and District entered into an Interlocal Agreement dated effective November 17, 2005. B. Paragraph VI (C) of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. The parties desire to amend the Agreement to extend the term of the Agreement. NOW, THEREFORE, the parties agree to the following tenns and conditions: 1. Term. Paragraph V, DURATION of the Agreement shall be amended to extend the tenn of the Agreement until December 31, 2006. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY LAKEHA VEN UTILITY DISTRICT -- City Manager, David H. Moseley Don Peny, General Man er PO Box 9718 PO Box 4249 Federal Way, WA 98063-9718 Federal Way, W A 98063-4249 (253) 835-2401 (253) 941-1516 APPROVED AS TO FORM: APP~aVED AS, T7~ Patricia A. Richardson, City Attorney Gene~e~teven H. Pritchett ATTEST: Laura K. Hathaway, CMC, City Clerk K:\contract\2005\05-I77a lakehaven i1a CITY OF FEDERAL WAY MEMORANDUM DATE: February 6,2006 TO: Land Use and Transportation committ~ VIA: Derek Matheson, Interim City Manager '.' ~\'^- FROM: Cary M. Roe, P.E., Public Works Director ~ Ken Miller, P.E., Deputy Public Works Director SUBJECT: South 333rd Street and r' Way South Traffic Signal Project -100% Design Approval and Authorization to Bid the Project POLICY QUESTION: Should Council approve the 100% Design for the South 333rd Street and 1st Way South Traffic Signal Project and authorize staffto proceed with bidding the project? BACKGROUND: Transportation Consultants Northwest completed a Traffic Impact Analysis (TIA) for the new City of Federal Way Community Center expected to open late 2006. As part of this TIA, a traffic signal warrant analysis was performed by the consultant determining the requirement for a new signal at the intersection of S 333rd St and 1 st WayS. The intersection is currently controlled by stop conditions. This project will install a fully actuated traffic signal and crosswalks at the all "legs" of the intersection. The signal will facilitate both pedestrians and vehicular traffic. The signal is expected to operate at a Level of Service (LOS) B at project opening. A left turn lane will be "striped" on the east leg of the intersection on S 333rd Street for the left turns "south bound" onto 1st Way South. This will require the removal of "on street" parking for approximately 400 lineal feet along both sides of the road. We have notified and met with the businesses along the street of the new traffic signal project where the "no parking" restrictions will be enforced. Perteet Engineering, Inc. was awarded the design contract for this project and has submitted 100% design plans and contract documents. An updated cost estimate of the project is provided below. The project is scheduled to be advertised for bid in March 2006 and work is anticipated to be completed by December 2006. The lowest response bid will be brought back to LUTC and Council for approval and award. Project estimated expenditures: ITEM COST ESTIMATE Design $40,000.00 King County Signal Review 2,000.00 Construction Estimate 267,414.00 10% Construction Contingency 26,741.00 Easement Title Report and Mailing 500.00 Sub-Total $336,655.00 Printing Plans and Specifications 900.00 Advertising 1,800.00 Total Estimated Expenditures: $339,355.00 K:\LUTC\2006\02-06-06 S333rd St and 1st Way S Traffic Signal Project 100% Design & Authorization to Bid.doc Available funding: ITEM COST ESTIMATE Estimated Project Cost 339,355.00 Total Available Budget (Balance of 1995 voter $340,000.00 approved bond issue for transportation improvements) Project Budget Savings $645.00 OPTIONS: 1. Approve 100% design for the South 333rd Street and 1st Way South traffic signal project and authorize proceeding with advertising the project for bid. 2. Do not approve 100% design and authorize bidding the project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the February 21 sr, 2006 City Council Consent Agenda for Approval: Approve 100% design for the South 333rd Street and 1st Way South traffic signal project and authorize proceeding with advertising the project for bid. COMMITTEE RECOMMEND A TION: Forward the above staff recommendation to the February 21 sr, 2006 City Council Consent Agenda. cc: Project Filc - 1 'T A venue Sand S 333St Traffic Signal Projcct 100% Day File K:\LUTC\2006\02-06-06 S333rd St and 1st Way S Traffic Signal Project 100% Design & Authorization to Bid.doc ~ CITY OF 411~' Federal Way MEMORANDUM DATE: January 30, 2006 To: Jack Dovey, Chair Land Use/Transportation Committee FROM: Deb Barker, Associate Planner ~ VIA: Derek Matheson, Acting City Manag~ RE: Pena Final Plat Application Federal Way File No. 05-106360-00-SU MEETING DATE: February 6, 2006 I. RECOMMENDATION Staff recommends that the Land Use/Transportation Committee forward to the City Council a recommendation approving the Pena Final Plat Resolution. II. SUMMARY OF ApPLICATION The applicant requests final plat approval for Pena subdivision of seven residential single-family lots on approximately 1.44 acres. Lot sizes range from 7,205 square feet (SF) to 9,215 SF, with average lot sizes of7,573 SF, The Pena subdivision is located in the western portion of the City east 0[21st SW and south of SW 3441h Street, with access from 181h Avenue SW as extended south of SW 344th Street. The subdivision is zoned Single-Family Residential (RS 7.2). Pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions," Section 20-136, the City Council may approve the final plat application only if all criteria ofFWCC 9 20-136(b) are met. Findings and conclusions contained in the attached staff report to the City Council and referenced in the attached resolution indicate that the plat has been constructed, or financially secured pursuant to FWCC 9 20-135, in accordance with the approved preliminary plat, and the applicable FWCC requirements. III. REASON FOR COUNCIL ACTION The final decision for final plats rests with the City Council in accordance with FWCC ~ 20-136(b). Bringing this matter before the City Council Land Use/Transportation Committee for review and recommcndation prior to the full Council is consistent with how land use matters are currently processed by the City. IV. PROPOSED MOTION I move that the Land Use/Transportation Committee forward to the City Council, and place on the February 6, 2006, City Council consent agenda, a recommendation approving the Pen a Final Plat Resolution. . -""'.~ Land Use/Transportation Committee 05-106360/o"c LD. 34759 Pcna Final Plat Pagc 2 .~ CITY OF ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval PENA FINAL PLAT Federal Way File No. OS-106360-00-SU I. RECOM M ENDA TlON City of Federal Way staff has reviewed the Pena final plat for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. INTRODUCTION Date: January 30, 2006 Request: Request for final plat approval for Pena Subdivision. Description: The Pena Subdivision consists of seven single-family lots on a 62,659 square-foot site. Access for the Pena Subdivision is via 18th Avenue South from the north and SW 345Th Place from the cast. 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 July 1, 2003, or financially guaranteed in accordance with the Federal Way City Code (FWCC). Owner: Crescent Homes, 206-778-7920 Ted Cheslebon 425 Pontius A venue North, # 125 Seattle, W A 98109 Engineer: Mr. Mike Bowen, PLS, 2,53-838-6113 ESM Consulting Engineers 33915 l't Way South, Suite 200 Federal Way, W A 98003 Location: NE in 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: Lakebaven Utility District Fire Dept: South King Fire and Rescue School Dist: Federal Way School District Prepared By: Deb Barker, Associate Planner III. HJSTORY AND BACKGROUND The Pena Subdivision is a proposed subdivision of seven single-family lots on a 62,659 square-foot site (Exhibit B - Pinal Plat Map). The Pena Subdivision Preliminary Plat (Exhibit C - Preliminary Plat Map) was granted approval by the Federal Way City Council on July 1,2003, per Resolution 03-388 (Exhibit D - Preliminary Plat Resolution). Zoning for the 1.44-acre site is RS 7.2, with a minimum lot size of7,200 square feet. Lot sizes on the final plat range from 7,205 square feet to 9,215 square feet, with the average size being approximately 7,573 square feet. The developer applied for final plat approval on December 14,2005. Improvements installed under Engineering Application Number 03-1 04434-00-EN are now substantially complete or bonded. The final plat application was determined complete on January 24, 2006. Pursuant to RCW 58.17.110 and FWCC Section 20-136, the City Council is charged with determining whether: I) 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 Pena final plat application vision 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 of the City of Federal Way, Washington, to approve the Pena final plat is enclosed (Exhibit E - Draft Resolution of Final Plat Approval). IV. COMPLIANCE WITH PRELIMINARY PLAT CONDJTIONS The following lists conditions of preliminary plat approval in the same order referenced in Federal Way City Council Resolution 03-388. Required improvements have been completed as allowed by FWCC Section 20-135. Hearing Examiner Conditions of Approval Related to Final Plat Application I. Final plat approval shall require full compliance with drainage provisions set forth in the PWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Engineering plans for the Pena Preliminary Plat must depict the re-grading of the Belle Meadow bioswale and the removal and replacemcnt of the concrete dividcr as recommcnded by the revised TIR. The work must be reviewed and approved by City staff. The improvl.:ments must hI.: inspected and approvl.:d by City staff prior to final plat approval for the Penn Subdivision. ~,~,~M_. -~._. Request for Final Plat Approval File No. OS.I06360-00-SLJ/ Doc. LD 34635 Pena fill<ll Pial P<lgc 2 B. If, for any reason, the required improvements to the Belle Meadow storm drainage facility are not constructed, the applicant will be required to eonstmct a storm drainage facility in conjunction with Pen a Preliminary Plat construction. Staff Response: This condition has been met. Engineering plans for the Pena subdivision called for re-grading of the Belle Meadow bioswalc and relocation of the concrete divider in the storm pond to provide for adequate residency time for stormwater flows. The work in the Belle Meadow pond Was carried out, and has been inspected and approved by Public Works staff. v. SEPA A Detcrmination of Nonsignificance (DNS) was issued on November 16,2002. There were no conditions of approval for the subject application. 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: 1. 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 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 7,205 square feet to 9,215 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 opted to make an open space fee in lieu of payment pursuant to FWCC Section 20-155. Based on the assessed land value of $76,000.00 (Exhibit F ~- 2006 King County Property Tax AssessmenV, and as provided by the Federal Way Parks Director, the applicant has made a payment to the City of $11 ,400.00, based on 15 percent of the assessed land value. The plat is within planning Area C of the 1995 Federal Way Parks. Open Space, and Recreation Comprehensive Plan. The applicant has created Tract A, a ten- foot-wide landscape area between the subdivision and the 21 Sl A venue SW arterial, as provided under FWCC Section 20-178(a), Tract A, which shall be owned in common by the property owners of the entire plat, includes trees and shrubs and groundcover to !llcet the intent of a Type III buffer. 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 arc financially guaranteed to be completed within two years of final plat approval. All Ii Ie safety improvements have been completed, 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by deterrnining if appropriate provisions arc made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other --- ~~... ... Request for Final Plat Approval File No. 05-1 06360-00-SU/ Doc W.\4635 Pena Final PlaT Page J public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, plaYe.'Tounds, 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 provided via fee in lieu of payment, drainage systems and water and sewer installed, and street improvements. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: Thiscriterion 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 October 5, 2005, letter of substantial completion from Lakchaven Utility District. 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 determined that the application for Pena final plat approval meets all platting requirements of RCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or financially secured 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 conformance with Resolution 03-388, approving the Pena Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. EXHI BITS Exhibit A Vicinity Map of Pena Subdivision Exhibit B 11x17 Reduced Copy of Pen a Final Plat Map Exhibit C 81;2 x II Reduced Copy of Approved Pena Preliminary Plat Exhihit D Resolution 03-388 - July 1,2003, City of Federal Way Pena Preliminary Plat Approval Exhibit E Draft Resolution of Final Plat Approval Eyhibit F King County 2006 Property Tax Information -~..-'~ -~." ,..,. --~,-,~,-,~._~. .., ~ Request for Final Plat Approval File No_ 05-1 06360-00-SU/ Doc. 1.0 .146.\5 Pena final Plat Page 4 .--.......--...".'.-.'-.'. .----..-." '''--.' ,,---.- ----.-..-.---.. n. ..____"__.....,, ".'__..___.. . _._____...__ -.-----..1 : City of Federal Way Pena Final Plat I I Federal Way File # 05-106360-00-SU EXHIBITL PAGE f OF N .._._,,__.__... _."._ ,__.. ...._...._n... ._...,,__.. ..._..u__".. _."___._._.___. -.----.--. --.--.-.. PENA SUBDIVISION pc. A PORTION OF SECTION 24, T. 21 N., R. 3 E., W.M. OEDICATION CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON !<:tJow A~l. PEDPl;: By TH;:~E P'?E"5i::!'-iJS ,.,J,i WE.:, rHe iJ~])tR5tCNf;) OWN!:::..':; 0' [NT::'ESl IN T~E LANQ HE~E3Y lEGAl.. OESCRIPTION SIJ8('JI'lIDED, H::~tay Of,C;ARF. Tr-lIS ~'i...^l 'rJ m:: rl.l~ GRb.PI-11C ;;l~PRESt:Nf;.'f!ON OF TH~ S'JcDM;:",liiN 'AAOE H;::Ri..~ P,l.RCtl -A~ 0"- CITY Of' F"EDE.fl:A(. WAY BOUNCA,\Y U!lit. A',).IUSTfrAE"1<i7 NlWi=lER au. DO,. J(;.sJ~7, R::SO;.,'Dff) AND DO l'i(i=F3':' CC.DICAT( I(! THE" CITY fO~ THr.: uSE 'Jf I'HE Du8LIC rORE'/l:J-: All ;;TRE:::TS t.N~) A'/(Nl,Jf~ ~OT . lJNDER KINe; (~O\)NTY RECORDING t-.I~, ::j'(,)cJ~OJ2790t}'J(j<:., MCJ~~ Pr.f:(i"ICUl.,ARl'" ()!:SCRI8~;) AS. FOcl.OWS: ~!-InWN A:"; Pf'.W"TE :1(R~~'J~ AND L)[:)::'::;.T[ i"Hr: uS;:: THERt:O~ FOR (,L!... PUBLIC PUR"-'QS[S '-lOT !NCmj~lSTE~!T WITti l'l-![ uSE nIEiEOI' tOR PI)R~,!r. f"IICH\'J!\y ;;!.,;~PGS[S, ANO AlSU H![ RIGHT TO MAK~ Al,- ~~EC[ssMY $lel:,[S ""OR THE NO~TH HAL, OF Tr-it NORTH HALf Oi'" Tr-;[ :-.JCRT!1 H/lLr Qj'" n,,~~~ NORT~iE..t.,::;T OU~RT~R Of TclE C,UTS AND riL.lS UPO'" :HE lOTS :A~ID TRACTS St<!OWN I1EI=l:(ON iN T~!E O"1IGINAl R("'~ONA2li:: GIl:A[;tING OF Sp..D SCU1HEAST Ol)ARTl;R OF St:.Cr:ON 24, TOWNSI-fIP 21 NORTH, RIi,~GE .3 EAST, WilLAtvI[TIE M[RI'JI!\N, I~ SIREUS ,'\N[) t,vENUE::;" AI\:I) >Ur<:T;1f~ DEOIC~TE TO :'1E U':;E OF TIt[ PUBL!C: ,l.ll T~i.E: C:,\SEME!'.,I':i ,l.~D TR"'CTS KINe COUNTY, WASHIf\(;ION~ tiH()WN o!.~ T\IIS f"LAr FOR Al.~_ p....ii)vC Pl:f~;::>OS[S t,S INbl\;.:.h:': h~~[8N, I~J:::Ilj":"IG SUT NO! lIMITFO T~ ?,:.p.::s OPOJ SPACE, UTili/IE:::; AND Dr~l\,I~ACE: U~LE5:;: SUC'1 i::A::.1: MHtiS OR TRACrs ARt: SPECIFICALLY IOENTIFICD ON 7~Ii'S ::)(r,:ffJT THE wEST 30 1="[1:'1 (:~:JNvfYro TO w.:i"lG CCUNi.... rGR 1i10AD Pi'!" OFt;:) REe.)Rr.~[) UND::r1 ~LAY ...S BEI;.;G OEClIGATE:D OR CmNEY:::D 10 ,\ PERSON OR E}ii,TY 0TH::F: frlA~1 THE .='UBLIC. :N ',J,:HICH' ;::ASE \~E i?f.CO.rWJNG ,'YO. E'42,}j!; )0 HERESY Dm!C~;[ !l.Ni) ~XH'Nf"Y SUCH ':;TRI,:E.l'S. i...ASlMENTS, O~ :1~ACT'3 70 THE ;:>i:f\SC~ O~ ENTIN ID~~TI;"ltL:' AND FOR THE PI.JI':!;"o':,E S'L...T:.[l ':"fJD [x(:("?T THA"'i" PG~11(1N CONv('fEv TO THE :;.';TE: (l" W,l.SHING1CN at DEED ~~C~)R[)ED lJ~mE~ l'1l:.t(lMOINf. NO. 950~' 5 \ 4,59. ::l!RTHER, Tf.lE IJ:-.JDt~:;I(;N:::-() (;''''''N[RS OF 7H:. lMJ[) SU;:Ji):Villc;D H::RE[3Y '''i~IV~ AKr~ R;:LE.\S~ r'Cfl IH[!'.\'Si::..vES, . H.I[IR HH-l~ AND t,::''5IGI\:~~ A~[) ANY FE"iSON O~ ::NTITY DE;';:iVING TITl.,;:: FROM LHi... liNnrRS:CN;:J. .LNY Ar;!') ,,",'"-L N':D [x;:;E?T ."A. POR~ION DESCRIBEO AS FOLLOWS: CU,11JS FOR DAMAGi:S AGt,:N$ r THE Ci...... or i7"EDER'AL, \'fAY, liS suCCESSORS ANO AS3:\.,N~ WI,IC'1 J.1AY e~ OCC.i\SION~~D !=lY 'f-iE J[SIG:>J" ESTAl;l~I'.7>HMENT, (~ONSTRLJCTIO~l, OPERATION, FA,ILU~E: 1:() ()P;:RAT;:. Of< l..1AINTfNANt:F ~EGINNI"iG Al" H-!J; NORT~EAST GOF1~tll: Or- SAiD SOUTHEAst QUARTER oF' $n~TIClN 2-'1; Of ~oA05 ANfJ/OR QRA!NAGE Sl"'$TEM$, ALT(RMrONS Of" we GROUND S~IR'P:~~, Vi!.GETA'/"ION, DRAiNAGE. OR SlIRF",C~ OR ';j'J1:!,~")\..'r~r;,Ci: \';A~~R Fl.;;)'.':":; WITHIN THt SUfJDIVISlON5 Or.: Will"llN Ar-IY Or.:A:Ni,Ct: O~ DEENTI.)N r,1E..~:C[ All.;l"(,: THI:: NORTH LINE '1HERi::O~" S 69' j 4':;:;" w" 61>t>.71", r!::tl 10 1 HE" ~.).::T liNe. r)~ THA. ;:"ACll.ITII;;S Dl;:SIG~!:.O TO R(CnVE DR AC'I'UALl)" ~EC.EIVINO ORAINAGE: FROM THE 5USOIVI$ION$ 4,ND TliE erN N PARCE.l DESCRIBED IN ""KING COuNTY SITt: PLANS - r'tot::RAl WAY PARK AND R!O~ NO. 21 r:!ECOROING ri:.Ot:RAL WAY'$ REVIi::(II AND APPROVAL or I'LAr-:s AND P[RMI1:S fOR SAM[ OTH[R THA"I ClAH,4S RESULTING f~OM NO. SQ04151459, F/:ECORDS QF KING CCU:-?f'r, WASHINGTON; INAOEOu,t.Tt: MAINTENANCE: By TI1E CITY OF H::DERAl WM. rH(NC~ AlO'-lG SAID EAST UN!:. S OO'4~'05~ E, SO,OO rED; FURTHER, THE lJND(R51(:NE"P OWNERS OF THE :...A~ID HER~8Y suBDiV1DE"D ACREE: FOR THF:1.1SElVt;S, tH!::I~ H[:~? AND AS~IClllS TO lNDtMNIF"Y, HOLO ~IARMLESS AND l::U[NI) lt~1; CllY of f--EOfF~AL WAY, 11s ::)\)CCI;~SORS AND TM(NCf S 89-14'~~,- w. J2,n '(I:T; ASSIGNS, FROW. AND A(;AINST ANY DN;lAGE.. Ir-./CwDINC ANY COSTS OF DEF'!;NS~, C~:MW By P-S"RSDNS WITHIN M WITHOuT THE ~U80IVjSION$ TO HAVE 6~f;N CAUSEO ey T~E O(~IGN, t.$T~BlISHIiAENT, CONsTRUCTION" O?I::~,A,r:O~. TH(r..:CE ~ OO'OO's7' W, \ j4 07 F((T TO THE SOUTH LINE Of SAID NORTH HALF' Of n-f€:" NOR,I,j ~(ALr fA!lU~[ TO OP[RA1:E.. OR MAJIIIT[NANCE" Of ROADS, AND/OR CRAINACt sysYEIA. AJ.TI:~AIIONS O~. T!-iE GROtlND OF fHI: NORTH~~1: QUA!ol.I:.~ O~ ,'HE SOUTHEAST OUARt'(J=i Of SECTION ;{4; Sl,JRFA::E, vE:Gf.l'AT!()~l. DR'\IN4.GE, 011: 3l.JRFACE OR SU8SUF1f;\CE wATI;R rLOWS WITHIN TI.IE SlJ[]D:VlS:ON$ OR Wfr~IIN AN.... DRAINAGE OR DH(NTION fACILITIES (lE51(;NEQ TO RECEIVi: CR At~TuAL!...)" RECEI'/IN(; DRAINAGE fRO,", .tHE THe;:NCS: )',lONG SAiO SQUlt-l LINE: N 89'19'Ht E. 598,,44 fEET 10 TH( ~AST L~fIIE N" ~AlD ;;O!.f!"l-Iv,':n SUBOIVIS(ONS AND T!-l( CITY or fEDi::lMl WA"{'5 RE....,If;W AND ),~P~OVAL or PLANS A!'olD Pt:RMli<; FoR SAME OUARIE~ Ot:' SECtiON 24. ?Rr,NlDED, TI-lI:; WAIVI;:R ANn INDt\.,A;.JIFICATION $I-iAU, NOT Bt CONSTRUED /lS ~ELEA5INC: THIi: dTY c.t f~DtRAL WAY. . ITS SlJCCf.ssOR5 OR f$SI(;NS, FROM UABlllTY ~'OR DAtJ.'&'G~S, I~ClUDINC Tm; cos1 C~ D::r-EN$[, RESUL'[,NG ~FtO~~ THENcr ^LO~G SAID EAS'f LIlliE N 00"09'28"' t:_ 164,~4 n:ET TO HiE pOINT OF' B!::GII'J"lINC ANt) TO THE EXTEN7 i:,)F "!H~ SOLE ~EGUGt:.'NC;t: C.f' YHji" CITY OF .~e:();.:f,/,,1.. w,w, )TS SUCC;:$SO~S, OR ASSIG~IS ~XCtPT Ttf~ U\$TERLY 26 ~E[1'" IHHI:(Of'" CONVEYf.O TO Tf-l( Cln' Of FtO{~A(. l;\:AY BY DE-fa ~tCORD[O THIS 15\)80I'lISI0:-l, DEDI(;A110N, ~E:"'[A~~, INDEMNIFICATION OF CLAIMS AND ACRE(M(J,T TO HOL.0 HARMLESS IS MADe: uND::~ f;lECORDI"-iG NUMI'lf.R 20020429001221- WITH THE rR~f. CONSt:.Ni AND IN ACCORD~cE WITH Ti-lE DESIRf;S oF' 54,1(1 OwN[RS" IN W;TNC3$ WHr.R~OF wi: '3(: 0\,)11 ~AND5 AND ':i~ALS. \.t!:';!.!'" DESCRIP110N ro~ TRACT ,. jJ.- c~;i:':;"(:E.NT CONSH~U::JI-ON''- IN.C--.--" BftNC ~ PORTION Or PA~CEL '''A- OF CITY Of fEDERi\l WAY BOUNDARY LINE AD-IUSTMEN1" NUMBER t-.. WA5HINGTON CO~?CRA110N ElLA OI).lQ4().<!.7, I1[CDRDi::D UNDtR KING COUNTY REcoROIN(; NO" 2DD'D~i7'1;OO(10Q, MORE pM:r\CU!..~~~'i (J[SCRI8LD AS fOLlow5 ElY 'OIJD 9[TERSO~ --,,,.,,.. 8EGI"'NING AT ,He: S()l;T'iWEST CORNEf:1 OF '5AID f"A~CEI,. w~': 1"ITL.E: ~,,~~~f?I~_, H.__~ THI:N~E AlONG lH1:. wEST LINE TI-lFREOF, NOR1H m,00'04" WEst" M,88 F'EET TO iJolE BE-GINNING OF A TANGENT CURV(; ACKNOWLEDGMENTS ) Tf~E~Ci:. 2<-,41 FI:E:'f AI,CfK; THE ~RC. Of" SAil) CuRvE:; 1:0 THE RIGHT HAVlNG.A. RADIUf;. OF 2500 i'"EtT 5'rATE OF W,\9,INGr(.1N ) 5s :'"H~OU(,H :, Ci:>H~AL ANC~E: OF 55'56'39"; , ., COlmTY OF KINe ) THt:NC;i: l!;,l.vING 910 ::Uf.:Vt., SOUT!-l (;(tOO'Q~" EAST, 1092(, ..TET TO A POINT ON TI-l!: SDUTH LINE OF ,~.4,"CEL "A~: ON THIS __ s~,y 0, "'_",,"""___." 7.0G6, ClI:.'"ORt: ~(, TH::: U:~1JI::~3IGfI,IE(,) _ . NOTARY .\'IU1:lU(.~ )N ,N'iD rOR Jj-!t ::';TAE O~ WASj.IING1:0~" P~RSO~A!..LY ,\PP(AOl::r.: n~~NCt r.~QNC SAID :50UTH LINE. SOLlTI-" 89"19'10" wEST. 11.00 f.e:n 10 THE P'OINT Dr etc.Ii"JNI~(;: __lQQI2_..!:\;."1,~B.~,,,,,,,"., m ,~t: i<::NGW!\l TO 8i: i.lil- ,"'R""SIOs...IIj~.,.____ CF C~F:sC[NT CO:\l~,:RI,.;Cl:ON, :~G, II"ip.T [X::Clm:o 'jf-!L rO"EGCI~,E; INST~l)MCNI, '.1':0 CCN.L.I,:NIN(i 1,135 SOUA~E r::ET (0.026 ACf:iES), MORE OR LESS ACKNO'.....LE::~Gc:D "':-1:) INST~~:t,.l[NT Tfj BE" TI,E' F.,E:: -'"Nil V(1i..:.m r A,":~ ACT A.'-I:.> iJ~t.D OF ~~ID COfl;'v~ATIO~ FO;:1 'ME 1J$E::S AND i:lUR;'cSES 1i-1[R(lN MEN:iGNEC ~N:) !)~ O;';H STAlED tHAI' ~f.,~, _,_ 'Ii,\,;:" ,),VTHOR!Z~D T:) ::)(;::(;~)fE. S~IO 1]-';5TfI\JI,.'(~T. ,~ wITN(~S WH[:'iE::;=-" I ~H:'Vr.: ~;::RC:'U~jTC S!::7 ~,IY H~~.n n"-IL) ,\f'i'!x!::D f.U Q;;-FI::'~:_ APPROVALS SD-.L THE D:,v ,1\1"0 ...t:AR .IRST A~O\'E WftT'i~:N DEPARTMEN, 01= PUBLIC WORKS ~2~~~~~~~,~;~t.~;;;I~~()'~~C,~ _~~[~ir-;':;:"G~ EX~~I~[~ AND AP?IWJ::;.l lH!S~__".,_,_____DAY OF~~~, 2006. ~11~l~CI~.~.;:;ls:.:,lm-l :.X~;::S __,. .o'li"=ll'i'C'''''WORK<.; DIQt:.C r~'--.-"-'- "" .". -'.'''. ,- -. ,-,,-...__. DEPARTMeNT OF COMMUNrrY DEvf:L..OPMENT [XAMI~U) AND APPROVED Tf-iIS___DAY Of _ ~~, ~_ 2006 EXCEPTIONS FROM TITLE REPOI'lT ~EGAL DtscRIPTIONS, EA'StMENTS, CD'JENANTS, CONDITION5 ANI) RES1:RIClIONS AS S~,iOWN C1(I4EO~ A~~ FRCi\~ ,_.~~,,,..,,,,,, ~.._......-----....-.,.,."'''-----'''' Cl-!lCilIOO TITLE INSuRANce CO~~ANY PLAT CERTIFle,.l,T!;: NO_ 11 ~ 1 e(l~ :JATED A'JGIJ:3T 31, 200:;. :N ;:>Rt:P,.l,RI~.(: DIR:.crC~ or CQMMUNITY DE\'!::LOF'Mt')'JI 1~~~';~~' T~[M ;,~~s?[~~~ b~~g~C;~~N ^~H~~~E:~~~9:~T O~lTi~,:;;5t~:~.H ~~~ 1!~~~S~~L;~~R~of:l y!\N~~~~Lf~~SSl!tS F5DERAL WAY CITY COUNCIL INfORMATION CCNT,\IN!:':D II.J SAIi;l CE~IIF'ICAT't: !N REGAR:t)$: TO TITLE Is5lJ[$ l'O PR~PAf.!E. THIS PlJ,T t,,"';D TH[R[FOR~ OU'""lIFI(S n-i~ M-'?'$ ACCuR,A.CY AND cm,lPLt.'rt:NESS TO 1HA'I' ExTENT. r:)(AMIN!:D A"8 t,PPROvED THI~_D..w Or ~__ 2006, ~AS~I~l~~~~CTA~g ~~( Ey'{~~iN;N60~o~~?~a~sINll,~xf.:C:~:.T~1N C~~~;'~~DE~~~~~~i~~~~~R~?g~Lg ~~:~~~;1A!~ 01: MA)"O~ ,__',~.,~~'. ",.~--- "'~""...._-__ RE:CoRPING IIiO 950<11 ~ 1460" ,;TTEST: \.)"!1 CI,n;~l\ 2) $VSJE(:T 10 AN EI\SE.\i[NT rDr'l SANITARY sEWER P~JRP'JS[S TO lAI-:EHAVt:1II uTILITY OISTRICT AND l"HE TERM':; ---.,.,. ,,,,^,,,,,,,. -.'-'''-----.-~.~...~"--~,,~,.-~.....,, ~,.- AND CONDITIONS mEREOF" AS CONTAINED IN INSTRUMEN"t !1:(COROm uN[;I(R Rr.COii:~INC NO, 19990901CC008:i. .3) SuBJECT 10 AN ~A5;E;~E.I'IIT F'OR SANITAt:!)" ~E;Wl;;R FACILITIES, TO UoKI:.HAvEN uTiliTY DIST;;!!ct AN!;,1 THE mws KING COUNTY O~PAAiMeNT OF ASSESSMENTS AND CONOITIONS THe;:RE"Oi:" AS CON'\'"AINf.,Q IN IN$TRlIMENT F;1ECOr.:OE:1"J uNDER R:E:CORn,~G NO. 20020.401001;1:17. 4) SUBJECT 10 ~ uCENSf m~ INSPECTION OF CONSTRVc'fIoN II,..4PROVEMUHS PuRPOSES TO TH[ Cli1' OF (\(A/..IIl'lED ~ND APPROVfD TtiIS~~~M)" OF' . 2005, n::D~RAl WAY AND THE TERI-AS AND CONDITIONS 1"Ht:REOF AS C:ON1AINEO IN INSTRUI,..4E'Il1: R((:CRr,;::O UNDE.fI Ri:COROINC NO" 2Qo5:J~i4000~~7. KI]';G COUNJ"Y A$S(:5:5b~!1~"-~~. DEPUTY KINC'70UNT'f ASSESSO~ 5) SVfiW~CT TO T!-lA.T ,,),f..Rt,"EMENT .c-c~A' CONSTRUCTION or CERTAIN ......ATER AND 5tw(R I~PROvD.l[NTS oETVIE.~;N 1-42103-9019-04 rE::OEft'AL wAY WATER AND SeWER OISTRICT "'NO PARK~AN~ VEN1U~ES. INS" AND THE T~H:WS AND CO:-JDI'rIONS ACCOUNT Ni)MR(RS -~.","~"-- "._~~, TH[~[OF AS CO!'.lIA!NFD IN INS'l'P!UM(NT RECO~D[[) t)NDrR R(CORDING NO" 9112~!)O~7a. 6) SuB.JECT TO CFNERAL ~ND 5P~C'^L TAXES ANU CtiARGE5 IF r'.PPuCABLE r:OR .&.CC:O~N, ~O. 2421{}.,!-~019-0.." ttlNANCE DIVISION CERTIFICATE . ' I H~REB)" C(~tl~ AU, PROPERTY TAXES ARE PAID. iHAl Tti~RE ,\R~ NO DELINQuENT 7) SUElJ[CT TO A 0((1) Of T~USr AND ASSI(jNM~NT R[~T'5 AND/OR U;:ASES ~UROOS~S ~IDRniWE51 ~INANC:Al SPI:.CI,I\l A55t:SSLlE:NTS Cf.RTln(D TO Tr<IS OfFICE rOR COLLECTION AND THAf ALL COHP. AND THE 1"fRM$ AND CONomCiNS THE~[or !IS CONi'A/NF:[J IN IN3T.~VMENT R~CDRDED U~I)~'1i ~fr.O'WING ,"/0" SPECIAL ,l,s:;rSSMENT~ CER1Jflt:D TO TI1J5 D.F'FlCE F(lR ~O~.LECTIOI'II ON ANY OF l"Ht z00502'D3000B9~ PI:H)Pt~!l" HERriN CONT.:>,INEO. DEDICATED AS sT~E:ET!>, Al,.LEYS OR fOR AN)" OTI-!E:R PUf;I,IC USE, AR'E PAID IIIl .ULL. THI5_0AY or ~~, "lOve, f'INANCt O:\1S10N w-"""Gi::R FINANCE:~N- OE!='uT'f RECOI'lDING CERTIFICATEO fiLED FOR "t.C~O A'I YHE REQl)(ST OF n.j[ CIT'!' OF ~E:D[!;'Al wAY THIS _ DAy O.e' < ~~, 2005 A.D" -'.T -----1,.1INUTi';S PAST _~.M" AND RECO'l'O(O IN 0 SUAVEYOFrS CER-rIFlCATE VOLUME - OF Pl.ATS. PAG[S _._.....__,_ ~[COROS OF KING COUN1Y" WASHINGTON. r- OIVISION Of RF;CORDS AND ELECTIONS :EXI:IlBIT I HER~SY C(RTlFY 1:HAT THIS PlJo.1 of "PEN" suBDIVl'510N" IS BASED UPON A $URvE:Y or SECTIDN i:J i4, TOWNSHIP 21 NORT~t !~ANC5; 3 EASe W.M". :HAt AU. COURSES ANO [)ISTANCES AR[ SHeWN t..A;..iAGC:R SUPCR R GJ CORRECTLY HERrON, :HAl Al.L MONUMENTS. AND CO~N(RS. AS SHOWN I'i(REON '.'I,LL BE Ii>fT lJ' CORRE"lY ON TH' GROeNU. .s cONsTRuC"ON " cOMPLETED ANO THAT' "'VE fV(.<.' COMP"'O ",COHO'NO NO PAGE OF WIT~ TI1E ?Rl)vISICNS Of THE PLATTll"C Rr,:"CULA1IONS . r-'~ l .. ~ CONSULTING ENGINEERS ccC '1."/ !' /Jfi.' ~ !GlIff>1 I ._J2,U,<u..LL~..--- .~"-" . @' MIC. HAEl R. BOWEN. PROFESSIONAL LANO SLlRV!::'it)R I ,,~~:fJ~,:" :)$Q1$ 1$t Way SI,;) .h, $t,,!te 200 Cfvf El'IQIneat4ng CUHlFICAT( NO 2'Jl~94 ,~",' ~~:' U l....1"Id Surv.vlnO l' ' . FedenaI Way, W.otllngton 98003 pt-o)IIICt ~t (253) 838~ 8113 P\JbkI Works ~",,_"'.~_.'_" Land F'taMing iTDERAL WAY FILE NO: .__,,2~-10636Q-QO-SU ~~'_ TWP, 21N., RNG. J L. w ~l DAft 200~ 11 09 JOB NO. i1.57 D01-DDS-0002 OWG NAME:: 11~"l\OC1\:l05V'LOT5\F'P--O'.DWG DRAWN ov: ~,Ii!.$. SHI::ET OF' .3 .,."~'" SUBDIVISION PG PENA A PORTION OF SECTION 24, T. 21 N., R. 3 E., W.M. CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON n LEGEND CURVE TABLE LINE TABLE G:i ~ MO~(,JI.A[NT IN CASE:. r>ER P'LAT or "I)ANVILLE STATION DIVlS!ON NO. ]~ RECORDINC NO. [0Rvi:r-DEi~~._,' ~",~~f)'V.l~~g r-UN{l"-8i~!.~s~~ :.ENGTH 200J05JOOOO6B4 I C1 .H1S':?C" 25.;)0 14.5.3 : L\ N B9-j9'10- t: I 25.7~ . lit PROPl;:RTY CORNE.~, 51:., f.!:EBAA: AND CAD .C2 5~'56')9" '26,5c;.~', ~}~~~LJ ~ ~~ ! ~ ~~~~~~~:,'~r";{:;i'-I STJo.MPED: "ESM LLC 29~!d1 297.B'" _SU~?~..~~'~. '1s.eo ".3.(U,~",_j (F~\ '" 10' WIDE UT!LlTlf~ [A5t:M[NT (~t:r, !;.'SfM'fNl f c' "'73'0;" 660 '6.0' ~ ~~ .~ ~~:~~:~~~:.:;,t==:J . DDlCATlQNS NOH: 2 ON ~HE'E:T t OF ~) ([2) . SANITAR't' SEWER EASEM!::NT (~Er. !i.:)(CEPTION ~l~t;~~ j ON ~HEE:T '\ Of 3) (0) - ~O' WIO( MI.ITI,IAL !3Ef'JEFI, ACCESS &: UflLi'IY V.se:tvi[I>IT (FOR THE I3,f,NETIT Of LO) , ""NO LOT :n ~ = RADIUS t. .:10 DElTA (, ... ARC LENGTH ( ) " RADIAl., BEARING SCALE: 1" = 50' <> ~, R.I\l.llAl. BE.\F~fNG ';1 LOI CORNER ~~,. '''b ...,."",. . .,.' '" [I] ... ~Ff;: NOTE ON SH[El 2 N ~~ ~r.l.Al'INl; TO NUMSE~ 50' 25' 0 SO' 100. Cf--- ~--- -- ---- -. -- - ----'<89-';4,,5"['" - ------ - ----- - --- -. ----T .\':: g , . [IjR""DING ".1 B.\!;'( Sw 344THSTREET :~':l1 D t:. =89+14'59 ;2> l,INE (TYPiCAl,) ...... . - , ':.J: ...::: i"'- 8 R=25.QO' '"' ~ J 3: b-" ~i 1..",,38.94' \, ['g' N 89-14'.55" I:. 527.64' ~'"~~ _1 ~ ~ <:n I . -, 71lSB' ___..,;850'___.., f----- 78,41 -----, r.u--.78.72...."'1 25' 1:.1& LJ~q.o.p '''-6' 750,'---." e-- .8u80.---. ,----.. , . , I ,,'", I .~'___n'o ---~ ,-.---. '. .. _ ~ . . : : I. (; fli':it.8A C"I IL'> W LI'"J"'; "-' L..; , I.>) , .:) -.t tY l1,] ~ . .; ~O' ~ $ ~ . : 2 ~ : ~ ~ :~ ~ '~ ,6. , ~ ~ 7 ~ 1 ~ ~: ~ ~ ~ ~ ~ ;: ro <{> '!' ,.-, 0 3 4 <.5 5 ,,::5 (7,2C~ S.r.) ~ 0 ('"1215 s r)' ""' ., I.J.. .!.;.! .~ (I;I.~:~_~~iig-i7,~5:.:J....'?8~(7:!8~5Y.) ~ (7,205S.r,) g P.205S,C.) ~8 ~g' ~..:! '", I,.... c6.23 ~ i ;i ~~___~'~'~~.~::__j ~::::::::--::::~- \"::'?jr:;'~:; .----....--:.-~ "-~--::::,~:-~ L ' ~ I~ I u~ ~ z g ",. ~; 89'\9'10- ",,' (<c~ ,.... !l9.i9'\O" E _I} 3~.. -:<$. ~ W I - _.- - eo \6'" c6 I [II - l > SO ; . ".00' ",.QO' -----,. " '0'_ ,. 8 - -----=-=---l 4: ~. c.4> ,'==.t--. 1 "N 89'19'10 E J74.90' -. -1' <J:l \ /b...--- ~ _ v 22' tn TRACT A~ - -" -.<J,- ~ '" , . S.w. 344TH PLACE.____:~.,_ ~ ._- T"" .' i" " ; F) I G !~p / r-r--,- \ '\ (fJ ( '1 ( ~ " W (\J . 1 ., "'! . '" , - .;]. ,- I ::> 1 SEE EASEMEtiT.QF.IAII,,~~~~ ~ ~ 13 \ 2 I ""(ACT ,0 'j zl I I '" I"' (f), i ' . WI i ii !.: WI "LM !,,' -~-.~ > I c'J 0 ~ I IJ6,I'-'I'I: [.,- S-'-0.TVi)'..: DI\/'r:'(:!,\' \,,-, -j 4 <( g: z ~/'-rJ~;iDJ~IC: I~i..', ~;(:030'5J~~~~e~i.,' 1: ~l~ ~-- . u" ".~ . . ~ -=~<l: J'- ~ BASIS OF BEARINGS o 1:ILA'l' oF' DA.NVILLt: s'rAilol-,I NO, 1 (\J AS "ECO~OED 'UNDER ~ECD"DrNG NO, 2ooM5~OOOOi5B4 EASEMENT DETAIL SCALE: i" '" 20"": I I <l: J 3 I- 1 c. ~------~ 0 ~ .. - - <l: L_______ ---r-" - a: I- ::0' / -:r T /~/ / (~2) / 15' S~W~i-l: t;"S[r..iE::-J; / < // /~ / /' 0 r- / " '- 5' OROV''N'' "fa'"! \J (,) ~ CONSULTING ENGINEERS llC IGI$I1@f1 3:391$ 1st Way South, Sulte 200 Clvl engm"llIrlng !..and SUI'V.vlr\g Fed.r" w..". WtlsNngtOf'l 0800:> Project Mai'laQGll'I'IieIl'lt (26:3' 83a-art:> f"ut!.Iko WOr'klll "*""- FED[;.<.~L WAY FILE NO: 05-' 053150--00.' Sli PAlE 200~ ., 1 "'09 JOB NO. '157 001 005 0002 DwC NAMe.: 11~'l$)Ol\OO5\PlOT5\~r. O:}.!:lWG $RAI'fN 8Y a,lt'3, SHc.ET , or ~ PENA SUBDIVISION VOl_ PG. A PORTION OF SECTION 24, T. 21 N., R. 3 E., W.M. CllY OF FEDERAL WAY, KING COUNlY, WASHINGTON F"!JUl-iO ::.- x 5" COl'JO,OF ',1QNUMtNl WI"!H !.fAD PLUG t~ND TACK' ~ JU~'[ ;)C;::)D " _~~._______.,,~l,~~_~~___~.,,~,,-,--_. _. ""_.____".. _.'--.'~'6"'7~-:---"---_.'~-'~- ~".--,"""'---24 19 560,45 ~ i .,. . - IJ ,'NICEL " , \,u . c:rr~( DF r.--ED. e::~AJ... V.V A.y.... ~oUj\ICJ/\;-1.y :, I'''''' I_J!'-!.E. ADJUsTME.!'rr S"-Jn. .~;I_A QIJ~-JOt!047 L:! ~ 1\~C(:JRDINr;j NO. 200-~J:127fJ(jOOO~ ... 0 ::18 N 89'19"0. E 552.27'~_~_'___'__-=__'_="'=':\\"--" (/ s'w. 344TH PLACE - -!(~n-' "uH. IJ......~. I' -j'l- I I ,----,--' "-,---"-"'\ (.- . r---I ! I I I. I~- f-- .! (.. I r.1 . D~,^NIU..C ~,-~.~~~F~~/ISDN Net -I r~-- ! I ---~- I 1- J~l-L-::'~Oj ref:++-- .. I" --- - ~-~ I f-.---- I il I I b i. .. I ' EASEM~NT DEDICATIONS ~! ~ l I I ! J) AN EAS:.'iA[.kJT IS rl[R.i:8"1' CA'.'lNTED 'iD l-!rKfl-\A\I~)j lJTJUTY OJSTRlCL :T3 M[lRS, suCCESSORS AND A'3:SICNS. FOR s.o lONG AS 1"1' ~ I uj .",~ \ i ; I ~~~~~N O,~N -~V~~(~A~~1~~E:~E ~1~II.J~~:T~~~~~i~i~D E~;~~j~rr.~g~IN~~l~.P~~INT~N~~~P&~~~NRE~~I;H;N6~~;r~~~E D~~f:~a~~D '" W I \) I S~wi="R MA:NS I.,~O !,PPL'RTE~~NCt.::; FOR THIS S:UBDrvISION AND OTHER F'Ji!OC\tRf'f TOCETHER WITH THE RICHl 10 ENTER UP>JN SAlD ;1 ( ~ ,,_._1---L- ~~~~r~~\~~c'~~~ T~~f.~~~~~~~~;~R:HOl\~tS A~~AT~~E( M~f::~~~lD~~G~L~~ :~~~;R;~l/~~~O:~~E~ gFR s~~u~~~~~[3~ :iJ/~IN~O ~ I ~ L. '--_~_,.. ~__ ~~~A6~6~~og~~~~:N~r~n,~~o~~~~~~~ ~~~E ~~~~ ~~~ ~A~PNi~~F~ ~r T~'JI~~:A~6~E~S s~~~~Nfl~;l~~\I~~\N~~O ~~~~N~g:F~~~Il~g~~tL~f" ~ I <t; S W 345TH PL.ACE C~AI\'T~ TO polE C~ANTi"f, T!'1t us!: C,t" :SUCh lI.D;)IlICt,lAL ,),REA IMM[p!Air;!..Y ADJACENT to SAID EASt:MENT .A~[A ,J..s. SHALL tiE REOUm:~D I .,. i I-- j----=---' ".~'_.'._'--"',,".~--------r"-.--"r FOf( ";f1E (C:-';ST;;:U.C;lle~. R(CONSTRUCTIQN, MAINTEIIlJl,N':E AIIlD {)P(RATION OF SAILJ WATER Jl,ND $ANi'fARY 5EWt.~ FAl:;ll1TIE"S. THt: uSE I Z f/J I I or:- SUCH .l.DDI,ION..l.t AR[;.:<. ':;"AlL 8E I~ELC ;0 A RE.ASONA8lE MINIMUM ANT) BE RE;:TURNED 10 THE CONDIT!QN ~X!STING IMMfD1ATF.L Y I ~ I I I A~mR~ T~!~ >'r?O"F.R'J( \'iA.S E:-.JTiJ~ED l!?Cr-r 9Y GRA!\!TE.E: OT ITS AGENrs. IN ADDITION TO 1+;( OTHER Re.5f~ICTIONS HER~IN, CRANTa"- I I C\J ,I ~;HAi.i. NDT CDI\'Ji:.Y fO A Tli)F1D F'ARIT ~""1" EAS~M~~T O~ QiHER R1C~T OF U'S.6.(';( IN TnE PRO"'~RT'f WHICH wOl,ll.O IMPAI~ :)R I.I~IT 'to ! 1.\ ihi~ CRA~T[,:'~ uSE Of' =H[ ~AsrM[Ni A;":tA. I g :' L 2) ...~J [ASf.:.'E:Nl :S "CR[ey ;~t:SERV;:.~, FOR ~~D \,Qt~':l:'YEO ~O PI)\;[". SOUND t:N~P1:.CY, ING., GAS COMPANY, PUGti' SO~)~O l:;NERGY, i.:.~ i j ~,___ ~~C~PE~ll~$2?~~cCCOE~.;~~i f~~~S;s~;c~;,+;~~~E~~~~i,~':N~'Xl'~~C~C~~~A(~ ofA"~gr ~~FM~~l' L~~~ ~~~~~S u:.~~~5:A~~~D~~T~I~N~HJH~:':T I r i " , '_YI~~ "'"R,\t.LE::L WITI-! ANIJ !lD..JO:NI~:v ,l.i..L STRu:r(S); :~ ""HICI~ .0 Cr;NST~\JCT, O~::R~'fL MA..INTAI~, ~I:::PAIR. REPu<Cf AND ENl..A~C( . .._.. __ J:::'!.....A r of" UND~~CROliNI) C>Pf.S. Cl1NDv:,5, CA~L;::S.. AND \\":RE5 wIT~~ ALL N~CE.SS..l.RY 01:/ CONVtNic.NT l):-.IOr:RGROUND OR OROU"H}-MOUNTING ! DA;-',!\./IU..E ST'A "(!O[l.j 01~/!.s!a!'! N:I. 2 Ae;.,u;rl[N~t<.'C. f'J Tkm[TO ,rQ~ THI;: F'UR~(lSi:: or ~(liI'/~Nc. TrlJ$ 5UiJDlVI5:0:-J ,t,Nl) OTj..l[R prmPfRTY WJTI<1 ELt:CTRIC. GAS, TELEPHDNE:, I I HE:CDFlDJNq !,O. 2DO~~!JlJ2,"~OCJ.JDO'::~ ~~~i~'l~.g~ '~~g ~lj~~~s~~'L~R~I~'hi~~;i[~~tt:Hi::R W:TH "ji-iE RI(;~T TO [Ni't:R Ui~ON Tt;~ ~TREtis, lOTS, TR~CTS. ANO SP~.ct5 AT All : Ii) J; ,.1.1.(, :.0:5" $H..llt BE Sli3':,.C< ro ~N [..SC~I!:,'\\T 2.50 ,o'U./ !~ '.\':()TI-i r'AR,~U_::L \\':TH AND A9:J'l1INC "'1.1. I,',[TfR:QR lOT UN~S ANJ ) I l I S,:)O ;:-i'"i;T ;N W'j!H ClARII.L.if"l, WIi'H A.'-:[) A8!)TT1NG ,\~L ~::.t.,1~ LUr l.!N'.; 'Of<: 'Ht. PiJRPO:;~ Or I'IR1VI.,Tt: STORM ORA:NAC['. IN IHi:. I I l / E\I'::NT lOT liNE. S ARC: AClJ!1STm ^fTE~ rf-;[ Ji!t.GORI)IN(; OF TI-IIS P'i..Al. THf !;ASi:.'M[~JT SH~l.l MOVE WiTH ~HE ",DJl..!STtc: lOT liNES. ..---r MAINTENANCE: Dr "'L_ PR\VAil 'STORM DRA.;~J.I.,GE fA'5!;:IJl:.N'rS aN THIS '-"L.}..l ::'1->.1.11 ~E iHE Rt:::)PON~I8IlITY O~' '(H( LOTS DERIVIN(; 'I /..- 3EN(F"Ir i""ROM SAiD ~A~[ME'NT. NO STp.vCTt)'?rS OTHtR THAN ~ENCES 8r? Y~.RU DRAI"'S SllAlL BE CONSTRUCT~D WITHIN T'-![Sf.' I .--- ----- ..__"'..-" f.lI.~~MI;:NTS. tHE:SE" EAS~M!:NT:; nAVE. NOT SrEN DEPIC~ED H~J~(:~I i ----- p.s:Ji'. ---- i S.w_ 346T~___------ ..-/ 4) tOTS', &. 2 ::iH~U.. 2E SuE!Jt:C' ~'O, t-.ND tH:~':~fl;ii:D BY', A :;e, ;:()~)T Mu,UAi.. 8:.~E.IT INCRESS/'::G~E~S & LJT!LiT1" EII,S(M!;NT (n) t I ------ ~~N~;~~~~D DI~ %:JI~~~~T~~~~IL ("~~D~~~iY,::i i~ G~~~~8rgu;~w~~~~;'!_~ ~~R;I.O~,~?:T[':;~(:~~~~~E~~p~~:t.tL_a~AJ~U~JS:AC:t;O Tf1f ! I J IMP~ovEME:~TS WITHIN SAID !AU"Tk,.JAl.. (.t,SEMENT l,,"AT BE~EFIT OM.Y L01:; 1 AN~ :? SHAl.L 8e: S!-l.ARED BY "1H( OWNeRS of' S"-ID LOTS. I M^INlt.NAfl:C!:: AND I?Ei>AJR or IMPROvE~..I[jljTS SHAt<tiO WIT!-i OTM!::R LOTS WliHIN T~E Pu<, 5HAU t;'IE THE Ji!E'5p:l'CN$IBILITI' Dc All lOT '0 ' ........._ _.~. m NOTES OWNf~S (CU^LL Y. . ~! - 1) n,r. 30UNO...RY F"OR 'tHiS PlAT WAS ES:TABlI$~U;> 9'r THAT RtC.ORD 0,' 5IJF-V!::."Y 3v E~~\, I"+C, RECORDm UNDER R;::CQRD1NG NO, 9705229011. A:-!O ~ i aOUNOAR'1" L!N~ ADJUSll,A(1'H R~CORDED UND!::~ RECOR!:;I1NC NO. 2001032790000(:. I " I 2) TR,\CT A \~ A ~,.ANDSCAPE el)f'H:~ TRACT. TO 81: OE()ICAi(l) TO "NO Wl1'ljTAINtO SY THE PEN'!' Sl..ISDIVISION HOME: OWNERS ASSOCIAftON. R~Mav,,-!... I Q:. OR OISTUREl,l,NCt. OF LANOSCA~!NC If,'Jl~IN THi;; TRACT 15 "ROH19ITI=:D, (XCfPT AS NE:CESSAAY FOR l...4AINT(NANCli: OR REPLA(;[MF:NT Or E)cISTlNG l5 ~ l I PLA~T\~CS AND AS AOPROvED BY THE CITY Or F'EDt.~AL WAY, "-NY FENCING WITHIN ri~ACT /J, SHALL l:lt: lOc,:AT~f) DN 1HE EA~TmN SluE: OF nf;: TR:;\CT. I ~ ~ ~ I ::;) "HE: RO^D AND ~,iC)RM QRAINAGe': S'l"STE:~' SHAL,L BE CON'SlRlJC'fE:v ~CORO!NG TO 'fHE: APP~OVm ENGINf.fRINC PLANS r>t:'RMIT NOS. z"";\D TT~I 01-104415-'OQ-SLi. 01,.10/l416_00_[N It OJ-l0...t\34-EIII ON FILE wITH THE" CITY D~ FEDERAl,. WAX. ANY OEIJIATION fROM THE APPROVtO ~L..ANS 'j:5 ~ I WILL Fl'e:OuIRl; APPROVAL fROM Ttlr. CllY O~ rtOER/Il W,,"'Y. ow~ I ~ 8 0 4) SjDE SEwER STI.,JAS nAVE. BEEN INSTALLED WI1H ,HE CONSTRuCTION OF TI-!1:: ,,"WN ~J;WER S'l'S'!"e:t.i TH~ INVE~T ELEVATIONS OF" lnOSE PIPfS WILL ~:r:::.~z I l PLA -, 0" 0'''""'"[ THE ","'MU" ""'5HE" ClOO" "EVA.1ION R(OUjRED TO OeTAIN GR:AVIi'Y ~lOW It.JTO THe:. MAIN SEw(R SYSTEM, THE: Pl.ANS ON ,l!lLE WITH "'"-- ---..L.._ RosEL.l-..A LAN.~ ~i:~[N Ulll1i'r' DISTRICT 5~OULD B( CONSU!..lE:O PIM~ TO COI.i~[NCING o:rSl(;N DRAWING,:> rOF! ANY r\!TlJRI;:" DEV(LOPM("NT ON J'f-i[ LOTS SHOWN VOL n.s P.AG~_tS 28-28 . S ~W 3..........----...... 5) DURING fH( COUR:SE Of. C,ONSiRUCTION of A;-':'" lOT wITf'lIN THIS SUBOIVISION, STUij-QUl INVERT HEV!o.TIONS ~OR STORM ORA,INACE SHOUl.D Bt: i I "'""---. 47TH PlACE-~ vE:l=Ilf!ED B'T" rHf. INDMDUAL LOt aUILDER OR OWNt.~ 10 PROvIDE TME NECES5A~'Y S~OPt: "R:OM THt PROPOSED I-IOU$t: I I 15) OUtlDlIIIG sET9ACKS AR:r AS ctlLLOWS: f"lONT: 20. ::tIDE: 5. R!::AR: 5' ~~OM THE PROPt!1t'l' LINE- j' ~ ~ n 'lL '''''AllY "wi" "SO"E'" 0'0"_"<0 "'R''', '"' HE.'"" CO_"""O TO LA",HAV'_ UT,clTY o,S'",cr FOR TH[ .V""O" 0, >["'-"NO 'H" . ! I I SUB~IWjlON AND orHE~ PRO='f:RTY WITH WAT(R AND SA"'JITA.R'l' St:Wt:R SERvICE. ~~,-1 I 8) S,\'/, J.4.t.TM ?~ct W:;H:~ TI-!~ g:OlJNDARI[S O~ THIS DlAT ~iER'EBY DEDICATED TO THE c!YY or rm(RA\,. WAY UPON RF,CORDlNG O~ TI1IS GLA.7, ~;.:.-=_ _ 9) lOTS SHAll H,;"Vt. :-':0 DiRI.CT f..Cct.S5 TO S.w, 34;1.Tr-I ST. OR 2\51 ~VE, S w -* -------..... .24 ]Cl ~w~,}~--,---_.""-_.._-- N S9.".:,~.5T'''''''''-~---- .-.-"-" ~,--- ' '5:J~ '-OUND 4- K 4~ CONCRb n EXRMlt~70t) ~ PAGE '; OF ~ 0 ADORESS TABL~ SCALE; 1 n.. 100' ~"- -.. i""'\ ~.~ ~-"... .....,,-,.. ""'--'9 ~ CON S U l TIN G EN GIN E i:; A L...b..h.L Lor AOl)R(SS j2Jj --=- IIIIC_.....,. _~ - ;g;:J{: ~::~~ :~.~~ ' 00' ~O' 0 100' 200' .. I S I -$ I ~ I -:s ~344fl'4~'- (:Nil ~(J~ril'lQ mnil70~1'.PlAa--"- :;1391& 1&t Way aouth" Suito 200 I..~ !lI,arv.-ying r 5 _~~5a $W 3~~PL/l,C:: _._ Federal Way. WaahlnQton 98003 Pto~t M_~ r fi 1 B47 '5 'N :;H'<:,H PLACE (2!5.3) 838-8113 P\JbIc W~1IiI r 7 =1-102 S W:"~';'TM PLAcE" I L'6t'ld ~ F[DE;:(A!. WAY r.:ILE NO:_,~9.e:.3~~",_..._ DATE 200~-11 D9 JOB NO. 1157001005-0002 '"''''~ ~,,,.!<;". "('-7\""f'l'\nn'~\~I(lT<:''\F'P~o;?,DWG DRAWN B"f: 8,R.5. 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RESOLUTION NO. 03-388 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS, THE PENA PRELIMINARY PLAT, FEDERAL WAY FILE NO. 01-104415-00 SUo WHEREAS, the owner Mr. Federico Pena, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Pena, consisting of 1.44 acres, into seven (7) single family residential lots located south ofSW 344th Street between 18th Avenue SW and 21st Avenue SW; and WHEREAS, on November 16, 2002, an Environmental Detennination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to thc State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and WHEREAS, no comments or appeals responsivc to the DNS wcre submitted to the Department of Community Development Services; and WHEREAS, on May 19, 2003, the Federal Way Land Use Hearing Examiner held a public hearing conceming the Pena preliminary plat; and WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation, dated June 3, 2003, containing his findings and conclusions, and recommended approval of the preliminary plat of Pen a subject to the conditions set forth therein; and WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City Council has jurisdiction authority and to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, on June 16, 2003, the City Council Land Use and Transportation Committee CCcg\P>)f EXHIBIT P - Res.103-388 , rage I File#Ol-I0441pl!:G'E'Docf 23381 OF ~ considered the record and the recommendation by the Hearing Examiner regarding the Pena preliminary plat, and voted to forward a recommendation for approval of the proposed Pena preliminary plat, with no changes to the Hearing Examiner recommendation, to the full City Council; and WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, on July I, 2003, the City Council considered the record and the Hearing Examiner's recommendation on the Pena preliminary plat. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Adoption of Findings and Conclusions. I. The findings and conclusions contained in the Land Usc Hearing Examiner's June 3, 2003, 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/or 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 the recommendation and conditions of approval as established in the Hearing Examiner's June 3, 2003, Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school 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 June 3,2003, Report and Recommendation of the Federal Way Land Use Hearing Examiner and the findings and conclusions contained therein as adopted by the City Council immediately Res. #!>3: 388 , Page 2 File #OI-I044E~HfSI~81 - PAGE~OF . above, the preliminary plat of Pen a, Federal Way File No. 01-I04415-00-SU, is hereby approved, subject to the conditions contained in the June 3, 2003, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). ~~ction 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's 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 that 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 invalidation of any condition or conditions. Upon such review, the Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as required by Chapter 58.17 RCW 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 oat 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 affirmed. EXHIBIT 1;> PAGE ~ OF 12-- Rcs.1I03-388 , rage3 File #OI-I04415-00-SU / [)odD. 23381 "' 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, W ASHING1"ON, THIS JstDA Y OF July ,2003. CITY OF FEDERAL WAY ~ ~B:ri~ ApPROVED AS TO FORM: cjJ~I7~" CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH TIlE CITY CLERK: 6/19/03 PASSED BY THE CITY COUNCIL: 7/1/03 RESOLUTION NO: 03-388 EXHI~T 1) PAGE OF -.J l" Res.1P3- 388 , Page 4 File #0 I - I04415-00-SU I Doc LD mSI ~._,-,. ., m~--------- n /'~~---'~::;--~L.,-;-'.-i-'~~-'-..~~_.'_._-" - --. . ":- . l ; .-""1 \, I I , : ,~ : ......"'~ .1~r~~,I!l'11 t' ,', "I{" U Lj.: !lit.! r- '.'.. ~i, I 'j- ',,; J ,~~,.j 10 Page-l ~-~ J J City C~i:TKSGfiS- · ~'i3Y ----------------- CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) , ) PRELIMINARY PLAT OF PENA ) FWHE# 03-04 ) FW File #01-104415-QO-SU ) I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a seven lot residential lot subdivision as provided for under Federal Way City Code (FWGC) Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: May 19, 2003 Decision Date:- June 3, 2003 At the hearing the following presented testimony and evidence: 1. Deb Barker, City of Federal Way, Associate Planner 2. Stuart Scheuerman, ESM Consulting Engineers. 720 S. 34Sth St.. Federal Way. WA 98003 ' At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Power Point Presentation III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary eVidence::J:> the record, and taken this matter under advisement. EXHIBIT PAGE ~ OF . , Page - 2 2. The Community Development Staff Report sets forth general finqings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the reqlJirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a rectangular, unimproved 1.44 acre parcel of property abutting the south side of SW 344th Street and the east side Qf 21st Avenue SW within the City of Federal Way. The site abuts 21st Avenue SW for approximately 100 feet and SW 344th Street for approximately 550 feet. 18th Avenue SW abuts the parcel's east property line and SW 44th Place abuts the eastern 80% of the south property line. The applicant requests preliminary plat approval to allow subdivision of the site into seven single-family residential lots with a minimum lot size of 7,205 square feet and a maximum lot size of 9,224 square feet. 5. The preliminary plat map shows that Lots 3 through 7 will access directly onto SW 344th Place and that Lots 1 and 2 will have a common driveway access onto said street. Thus, the platwill have no internal roads and no access onto 21st Avenue SW or SW 344th Street. 6. The site and abutting properties in all directions are located in the Residential Single-Family (RS-7.2) zone classification which authorizes single-family residential homes on minimum lot sizes of 7,200 square feet. The Federal Way Comprehensive Plan designates the site as Single-Family - High Density. The preliminary plat complies with both the applicable zone dassification and comprehensive plan designation. Abutting uses include a park and ride facility to the north, the approved preliminary plat of Belle Meadow to the south" vacant property to the east across 18th Avenue SW, and vacant and single-family parcels to the west across 21st Avenue SW. 7. The site contains Alderwood, gravely, sandy loam soils which are moderately well- drained and capable of supporting urban development. The site has a gradual slope rising from west to east at three to four percent and no steep slopes or other geologically hazardous areas. Vegetation consists of several conifer trees, apple trees and grass. Seven trees meet the definition of "significant" and the apPlicant) will preserve all seven trees. EXH~ ': ): .., ~~ ;" '". PAGE 2- '. J "'" Page - 3 8. The site contains no wetlands or streams, and development will not impact the nearest wetland to the site which is more than 200 feet to the northeast. The site, formerly used for grazing and pastureland, does not support any endangered or threatened species of plants or animals. The site provides some habitat for rodents and songbirds. 9. The parcel, located in the western portion of the City, is in an area developing with single-family residential dwellings. To the south the plats of Belle Meadow and Keller will have single-family homes on lot sizes ranging from 7,205 to 9,442 square feet. . The site shows no open space and the applicant will make an in-lieu-of payment as approved by the City Director of Parks, Recreation, and Cultural Services in accordance with Section 20-155 FWCC. 10. All lots are of rectangular shape and the average lot size measures 7,752 square feet. The applicant has shown building footprints on each lot and all lots will have adequate building area for a reasonably sized home. 11. Vehicular access to the site is provided by 18th Avenue SW which extends south from SW 344th Street, and thence by SW 344th Place which extends west from 18th Avenue SW. As previously found, all lots will access directly onto SW 3441h. The applicant will install half-street improvements on the north side of SW 344111 place and will include six foot wide sidewalks which will link to an existing sidewalk on 18th Avenue SW. The applicant will provide a ten foot wide, landscape buffer tract along the western side of the parcel adjacent to 21st Avenue SW and will plant street trees therein. 12. Half-street improvements on SW 344th Place will include the dedication of 22 feet of additional right-of-way and the construction of eight feet of new pavement width which will combine with the existing 20 feet. The applicant, in addition to the sidewalk, will install a vertical curb and gutter, four foot wide planter strip with street trees, and a three foot wide utility strip. Street lights will be installed on the south side of 344th Place within the Belle Meadow subdivision. The applicant must also install street trees and vegetation within the southwest 344lh Street right-of-way. 13. School aged children residing in the plat will attend Sherwood Forest Elementary, lIIahee Junior High, and Federal Way Senior High School. Junior and senior high students will receive bus transportation as said schools measure more than one')) mile from the site, but elementary school students will walk to sCi~tcant prepared a school access analysis which identifies a safe walki .,:>1 fQ( , elementary students walking to and from school. The applica'PAGE p~hPOI p, - -Ie -- .3 0 . Page - 4 impact fees as authorized by City Ordinance at the time of buildin9- permit issuance which presently equals $3,894.00 per single-family housing unit. 14. While the plat proposes no open space or community parks, the Keller subdivision, currently under construction, will provide a future park which will contain a picnic area and play equipment and will also provide both pedestrian and bicycle connections to the existing BPA trail to the east. An additional access to the BPA trail is located approximately one-half mile to the east through the Park Lane Estates subdivision. The park and ride facility contains a pedestrian walking trail and Saghalie Park is located approximately one mile to the northeast. 15. The Lakehaven Utility District has verified that it has ability -to provide domestic water, fire flow, and public sewers to the site. 16. The City Public Works Director approved the applicant's request to direct storm water runoff from newly created impeNious surfaces to the Belle Meadow storm drainage facility located on the south side of SW 344th Place opposite Lots 5 through 7 of the plat. The applicant verified that the Belle Meadow Facility has sufficient pond capacity and water quality treatment for the two subdivisions. However, the applicant must regrade the bioswale, remove the concrete divider, and replace it in a manner to provide adequate residency time for storm water flows. All storm drainage facilities must be in place prior to final plat approval. 17. Section 20-126(C) FWCC authorizes the Examiner to recommend approval of the proposed preliminary plat to the Federal Way City Council if the project satisfies the decisional criteria set forth therein. Findings on each criteria are hereby made as follows: , A. As previously found, the project complies with the Federal Way Comprehensive Plan which designates the property as "Single-family - High Density". The applicant proposes a single-family subdivision with minimum lot sizes of 7,200 square feet which is consistent with the comprehensive plan. B. The project is consistent with all applicable provisions of Chapter 20 FWCC, including those adopted by reference from the comprehensive plan. The applicant must comply with provisions of FWCC Chapter 18, Environmental Policies; Chapter 20, Subdivisions; Chapter 22, E~i-I an~t~ applicable codes and regulations. IB P~GE 1.f OF ~ PAGEn Page - 5 C. As previously found, the project is consistent with the public health, safety, and welfare as it provides all facilities and services, safe walking conditions, and all factors set forth in RCW 58.17.110. D. As identified in the Staff Report, the project meets all design criteria set forth in Section 20-2 FWCC. E. The proposed preliminary plat complies with all development standards listed in Sections 20-151 through 157, and 20-158 through 187 FWCC. - IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. , 2. The applicant has established that the proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, stree'ts, roads, alleys, other public rights-of-way, potable water supplies. fire protection. sanitary waste, parks and playgrounds, schools and school grounds, and safe walking conditions. 3. The proposed preliminary plat satisfies all criteria set forth in the FWCC and is consistent with the goals, policies, and objectives of the Federal Way Comprehensive Plan. 0 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single-family residential subdivision in a growing area of the City. Therefore, the Federal Way City Council should approve the preliminary plat subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm 1:> drainage engineering plans shall comply with the fOIlOWini:XHI\T _ A. Engineering plans for the Pen a Preliminary Plat mftA(9Iict r~F ~ grading of the Belle Meadow bioswale and the removal and replacement of the concrete divider as recommended by the revised EXHI PAGE . 6 . Page - 6 TIR. The work must be reviewed and approved by City staff. The improvements must be inspected and approved by City staff prior to final plat approval for the Pena Subdivision. B. If, for any reason, the required improvements to the- Belle Meadow storm drainage facility are not constructed, the applicant will be required to construct a storm drainage facility in conjunction with Pena Preliminary Plat construction. RECOMMENDATION: The Federal Way City Council should approve the proposep preliminary plat of Pena subject to the conditions contained in the conclusions above. DATED THIS 3rd DAY OF June, 2003. '. / TRANSMITTED THIS 3rd DAY OF June, 2003, to the following: Agent: ESM Consulting Engineers Inc. Stuart Scheuerman 720 South 348th Street Federal Way, WA 98003 ' Engineer: ESM Consulting Engineers Inc. Monty Bakken, P.E. 720 South 348th Street Federal Way, WA 98033 Owner: Fortunato Pena D 1102-6282 Kathleen Ave. Apt 1102 EXHIBIT Burnaby BC, Canada V5H4JH PAGE~OF IV: _""0. . 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 discover 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) The change will not have the effect of increasing the residential density of the plat; (b) The change will not result in the relocation of any access point to an exterior street from the plat; (c) The change will not result in any loss of open space or buffering provided in the plat; and (d) The city determines that the change will not increase any adverse impacts or undesirable effects of the project and thatthe change does not significantly alter the project. EXH~ b PAGE ~ ~~ ..- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE PENA FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 05- 106360-00-SU WHEREAS, on May 19,2003, the Federal Way Hearing Examiner conducted a public hearing on the preliminary plat application resulting in the June 3, 2003, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the Pena preliminary plat, City of Federal Way File No. 01-104415-00-SU, was approved subject to conditions on July I, 2003, by Federal Way City Council Resolution No. 03~388; and WHEREAS, the applicant submitted the application for Pena final plat within the required time of receiving approval for the above.referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 03- 388; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposedfinaJ plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the January 30, 2006 Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, there were no conditions resulting from the Novcmber 16, 2002, State Environmental Policy Act Detennination of Nonsignificance (DNS), as discussed in the January 30, 2006 Staff Report; and WHEREAS, the City Council Land Use/Transportation Committee considered the application and staff report for the Pcna final plat at its February 6, 2006 meeting, and recommended approval by the full City Council; and EXHIBIT e PAGE , OF 3 RES #_... "__~, Page 1 WHEREAS, the City Council reviewed and considered the Staff Report and the application for Pena final plat during the Council's February 21,2006 meeting. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Pena final plat, City of Fcderal Way File No. 05-106360-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemcd 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 hcalth, 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, playgrounds, and schools and school grounds as are required by City Code, or which 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. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the July 1, 2003, Federal Way Resolution No. 03-388 have been satisfied, and/or satisfaction of the conditions have been sufficiently guarantced by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the January 30, 2006 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. EXHIBIT e RES# , Page 2 PAGE ~ OF ~ Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, thc Pena final plat, City of Federal Way File No. 05-106360-00-SU, is approved. 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. TIle applicant shall pay all rccording fees. Section 4. Scverability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a eourt 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 affirmed. Section 6. Effective Date. l11is 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~_ DA Y OF ,2006. CITY OF FEDERAL WAY '-' ~~,,",,-~~-_.'- Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway, CMC ApPROVE[) AS TO FORM: -_...~~-. -- City Attorney, Patricia A. Richardson FILED WITH TIlE CITY CLERK: _.._"_"...~w PASSED BY THE CITY COUNCIL: -,,~-,- RESOLUTION No: ~, e EXHIBIT RES # , Page 3 ~---.,~,~'''''--,. PAGE 3 OF ~ , King County Property Tax Information Page 1 of2 ~ g KING COUNTY HOME I NEWS I SERVICES I DIRECTORY I CONTACT King County Ecommerce Property Tax Web: Real Property Account Information Always at yllt/, """rvice Account/Parcel Summary Tax Account 242103901904 Number Parcel Number 2421039019 Account Status This account is active. Tax Name CRESCENT CONSTRUCTION INC 540223 Mailing Address 2505 YALE AVE E #125 SEATTLE WA 98102 Amount Due $ 492.83 Payment Status 2006 tax amounts will be available Feb 15. 2006. If applicable, prior year(s) taxes are delinquent. Annual Statement Requested Statement Reque$.t StatemenLto be Mailed Request "~~.~..w,."....,,,~""'"""""1 Payment/Search' 'S~~rqb.,Agciiri' View Options ............,.'..'.'N.~'^.,"'" I 2006 Tax Information Tax Amount: $ 0.00 Land Value: $ 76,000 Fees Improvement Value: $ 0 Total Billed: $ 0.00 Levy Code: 1205 Amount Paid: $ 0.00 Status: Taxable Interest: $ 0.00 Penalty: $ 0.00 Amount Due: $ 0.00 2005 Tax Information ."""""m.~"~,,,,~~,.......NU===,_._._~='mm,w,,,w,,,,, ... ,~=,,,.............,,..,,,,.~.~,~,~,w~,'mmN .".,.""",,,_.m.mm,w,',,,,',',,',',',,',',,',wm~,"_,.".,,,..,~,,','muum'~'m'~m',~ Tax Amount: $ 887.98 Land Value: $ 73,000 Fees Improvement Value: $ 0 Total Billed: $ 887.98 Levy Code: 1205 Amount Paid: $ 443.99 Status: Taxable Interest $ 13.32 Penalty: $ 35.52 Amount Due: $ 492.83 2004 Tax Information l= Tax Amount $ 769.32 Land Value: $ 63,000 EXHIBIT Fees Improvement Value: $ 0 PAGE--L-OF --L.. https://payrnents.rnetrokc.gov /rnetrokc.ecornrnerce. propertytaxwe blRealProperty .aspx?Par... 1/18/2006 ~ CITY OF .. ~ Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 25, 2006 To: Land Use/Transportation Committee 0--- VIA: Derek Matheson, Interim City Manage FROM: Kathy McClung, Director of Community Development Services i'~ Margaret H. Clark, AICP, Senior Planner t(I.At'C...- SUBJECT: 2006 Planning Commission and Long Range Planning Work Program MEETING DATE: February 6, 2006 A. REQUESTED ACTION Request that the Land Use/Transportation Committee (LUTC) prioritize the 2006 Planning Commission Work Program and forward a recommendation of approval to the City Council. B. BACKGROUND At the beginning of each calendar year, the Planning Commission's Work Program for that year is approved by the City Council. The purpose of this memorandum is to assist the LUTC and City Council in approving a work program. We have, therefore, provided you with the following information: 1. Table I ~ Items completed in 2005. 2. Table II - Items to be Carried Over into 2006 and their status. 3. Table III - Potential New Work Items 4. Table IV - For background purposes only, we have included a list of the reporting and monitoring that City staff completes for King County and the state on an annual basis. C. INPUT FROM PLANNING COMMISSION Staff presented the potential work program to the Planning Commission and requested their input at their January 18,2006, meeting. The Planning Commission recommended that the following item be researched for possible inclusion in the work program: A conditional use process to legalize nonconforming uses that may be compatible with the adjacent neighboring uses. D. 2005 PLANNING COMMISSION WORK PROGRAM - ITEMS COMPLETED IN 2005 Table I shows the amendments that were completed in 2005 and whether or not they are required by state law. TABLE I Description Status Required by State Law Amend FWCC Chapter 22, Article XVlII, Completed. Effective 4/28/05. No "Signs, " related to signs in areas annexed to the City and allowing for a 10-year amortization period. Amend FWCC Chapter 22, Article XVIlI, Completed. Effective 4/28/05. No "Signs, " to provide for commercial advertising signs for athletic fields. 2004 Comprehensive Plan Update. This Completed. Effective 6/I6/05. RCW 36.70A.130 requires includes the Puget Center Partnership and that cities consider Kitts Comer site-specific requests and amendments to their amendments to Chapter 5, "Housing." comprehensive plan on an annual basis. Amend FWCC Chapter 22, Article XVI/1, Completed. Effective 10/13/05. No "Signs, " to include freeway commercial signs. Research allowable uses in the Completed. Effective 10/27/05. No Neighborhood Business (BN) zone to meet changing market conditions. City Center and Neighborhood Business City Council approved the frrst reading No Code Amendments. The key aspects of the of the ordinance on January 17, 2006. proposed amendments include limiting new single story construction, prohibiting gambling activities and the sale of second- hand merchandise, removing residential density caps, increasing some base building heights (including the base height ofmulti~ family in the City Center Core and City Center Frame from 35 to 70 feet), updating the height bonus program, modifying site and building design standards, and allowing 100 percent replacement of improvements that are damaged or destroyed by sudden accidental cause. All amendments apply to the City Center-Core and/or City Center- Frame zones. The gambling prohibition also applies to the Neighborhood Business zone. 2006 Planning Commission and Long Range Planning Work Program January 25,2006 Land Use/Transportation Committee Staff Report Page 2 ~_.,,- E. 2005 PLANNING COMMISSION WORK PROGRAM -ITEMS TO BE CARRIED OVER INTO 2006 Table II shows the amendments that were started in 2005 but not yet completed, and whether or not they are required by state law. T ABLE II Descriution Status Required by State Law 2006 Development Regulations Update. A draft for the off.site real. RCW 36.70A.130 requires that These requests were received in 2004 and estate sign amendment has cities consider amendments to their 2005. On December 6, 2005, the City been prepared and will be development regulations from Council gave staff direction to draft the heard by the Planning interested parties on an annual following code amendments: Conunission on February basis. 15, 2006. Planning 1. Reduce the 200-foot lineal consultant, Janet Shull, is separation requirement for off-site drafting the zero-lot line real-estate directional signs in order development amendment. to indicate a turn or change in direction of travel. The other code amendments 2. Allow single*family units on 2,400 have not been started as yet. lots in the multifamily (RM 2400) zone. 3. Allow zero-lot line development in the multifamily (RM 2400) zone. 4. Allow increased building heights for certain uses in the Neighborhood Business (BN) and Community Business (Be) zones. 5. Require buildings in the BN zone to be located adjacent to rights-of-way. 6. Amend the reguIations for the City's commercial zones to meet the requirements ofRCW 36.70A.450, related to a home occupation day care in a residential dwelling. 2005 Comprehensive Plan Update. In The proposed amendments RCW 36. 70A.130 requires that September 2004, the City received four will be presented to the cities consider amendments to their site-specific requests for changes to the LUTe for the selection comprehensive plan on an annual comprehensive plan designation and process in February 2006 basis. zoning. Due to workload, staff has not and to the Council in March initiated any work on these requests to 2006.2 date. I 1 Staff is proposing to combine the site-specific requests received in September 2004 (2005 Comprehensive Plan Amendments) with those received in September 2005 (2006 Comprehensive Plan Amendments). By combining the 2005 and 2006 site-specific requests, we will be able to complete both updates in 2006 and be on schedule for the 2007 Comprehensive Plan Update (deadline for these requests is September 30,2006). 2 All requests for site-specific comprehensive plan amendments and changes to the development regulations are subject to the selection process. 2006 Planning Commission and Long Range Planning Work Program January 25, 2006 Land Use/Transportation Committee Staff Report Page 3 Description Status Reauired bv State Law 2006 Comprehensive Plan Update. In The proposed amendments RCW 36.70A.130 requires that September 2005, eight additional site- will be presented to the cities consider amendments to their specific requests were received. I LUTC for the selection comprehensive plan on an annual process in February 2006 basis. and to the Council in March 2006.2 Traffic Impact Fee and Concurrency A draft code amendment RCW 36.70A.070(6)(b) requires Management System has been prepared and will jurisdictions to adopt an ordinance be presented to the City for transportation concurrency. Council in a study session, or presented directly to the LUTC. Amend FWCC Chapter 18, Article /1/ to This code amendment will A provision for a shoreline add flexibility in measuring the shoreline be prepared in conjunction stringline setback itself is not stringline setback. with the Shoreline Master required; however, the City must Program currently amend its shoreline regulations to underway. meet the new requirements of the updated Shoreline Master Program. Adoption is scheduled for JuIy 2007. Amend the FWCC to require applicants to Not started. The Public No hold traffic-related neighborhood Works Department has meetings, when necessary, to mitigate stated that they will prepare traffic impacts. this amendment in 2007 in conjunction with traffic- related amendments to the comprehensive plan. Adopt Cottage Housing regulations. Draft has been prepared No and workshop held with the Planning Commission. F. POTENTIAL NEW WORK ITEMS FOR THE 2006 PLANNING COMMISSION WORK PROGRAM Table III lists potential new code amendments. Some of these were previously presented to the Council but were not chosen due to staff resources and other proposed amendments that were determined to be of higher priority. TABLE III Description Initiated by Required by State Law Amend FWCC Chapter 22 to require design Staff No standards and development requirements for essential public facilities. This is an omission in the current code. 2006 Planning Commission and Long Range Planning Work Program January 25, 2006 Land Use/Transportation Committee Staff Report Page 4 Description Initiated by Required by State Law Research changes to FWCC Section 20-179, Staff No "Retention of Vegetation, " to determine the extent of a site that can be cleared for installation ofinfrastrocture and preparation of building lots. Amendments as result of the Planned Action City CounciI No SEP A, including increased building height and other items identified in downtown study. Amend FWCC Chapter 22, Article XVIII, City Council No "Signs," to provide for offsitesignsfor special events. Construction hours amendment. Amend FWCC Staff No Section 22-1006, "Development Activities and Heavy Equipment Operations," to allow the Director of Community Development Services the flexibility to detemUne allowable hours of operation on a case-by~case basis. Inconsistencies with appraisal requirements. Staff No Remove inconsistencies between FWCC Chapter 22, Article IV, "Nonconformance," and Article XVI, "Improvements," pertaining to who is authorized to conduct an appraisal of property. Research compliance with the GMA of density Staff Recent Central Puget Sound Growth lower than four dwelling units per net acre. Management Hearings Board (CPSGMHB) decisions have adopted a "bright line" rule, which requires comprehensive plans and development regulations within Urban Growth Areas (UGAs) to have densities no less than four dwellings units per net acre. CondilwnalUseProcess Planning The Planning Connnission was concerned Commission about the status of existing nonconfomUng uses that may be compatible with the adjacent neighboring uses and were interested in a process that might legalize the use. G. OTHER LONG RANGE PLANNING RESPONSIBILITIES Table IV shows reporting or monitoring work that is required by King County or the State of Washington to be done on an annual basis. 2006 Planning Commission and Long Range Planning Work Program January 25, 2006 Land Use/Transportation Committee Staff Report Page 5 TABLE IV Description Status Required by State Law ANNUAL REPORTS Office of Financial This is an annual report provided to the State RCW 43.62.030 requires OFM to Management Yearly Office of Financial Management (OFM). annually determine the population of Population Estimate Report all cities and towns of the State of Washington as of April 1 ST. King County Benchmark and This is an annual data request made of all cities RCW 36. 70A.130 required Annual Growth lnformation by King County to fulfill requirements of the Countywide Planning Policies Report Growth Management Act (GMA). (CWPP's) to be adopted by King County by July 1, 1992. The CPP's set up the Benchmark Program to assess progress in meeting the CPP' s. Track and Inventory Under the Buildable Lands Program, six RCW 36.70A.215 requires evaluation Buildable Lands counties, including King County, must of data collected under the Buildable annually collect data on land capacity and Lands Program. development activity from their cities and unincorporated areas. H. OPTIONS The LUTC and/or City Council may add additional work items to the 2006 Work Prograrn. Once all the items are on the list, the staff can work with the LUTC to prioritize the list, or come back to your next meeting with a recommendation for prioritization. I. STAFF RECOMMENDATION Staff recommends approval of the 2006 Planning Commission Work Program as prioritized by the Land Use/Transportation Committee. J. COMMITTEE REcOMMENDA nON Forward LUTC recommendation to the , 2006 City Council Consent Agenda. 1:\2006 Planning Commission Work Program\LUTC\020606 Staff Report to LUTC/l/30/2006 1:14 PM 2006 Planning Commission and Long Range Planning Work Program January 25, 2006 Land Userrransportation Cormnittee Staff Report Page 6 CITY OF FEDERAL WAY MEMORANDUM TO: Land Use and Transportation Committee FROM: Kathy McClung, Director CDS ~ Cary Roe, Public Works Director ~ VIA: Derek Matheson, Interim City Manager. ro..../"..... DATE: January 18,2006 RE: AubumlFederal WaylKing County Annexation Project For the past year, city staffhave participated in a experimental project with Auburn and at the invitation of King County to look at joint development standards that could be applied in the annexation areas. The initial concept was that as development in the annexation occurs, the County would apply some consistent development standards which would ultimately make the annexation areas more attractive to the cities to annex. Staff from both cities and the county have made great progress at agreeing to storm water, street standards and mitigation and even some park mitigation that the County would be willing to implement in the annexation areas as development occurs. This part of the project is nearly complete. At our last meeting on December 20th, we were informed by the County that in order to implement these standards, the county will expect the City to work diligently with the County to provide public information to citizens in the annexation areas, attend about 6 meetings in the area with county staff and implement an annexation action for the entire annexation within 18 months of executing an interlocal agreement. At the end of 18 months, if the annexation areas are not incorporated, then the County may go in another direction (not identified) and not implement the development standards we have agreed to. The purpose of bringing this item to you is keep you up to date on this project and to let you know that staff believes that 18 months is an unrealistic time frame to incorporate the entire annexation area. In the short term, temporary staff support and additional staff resources would need to be dedicated to this project. Even under the best of circumstances, 18 months would be very ambitious to prepare the citizens for a vote and file the appropriate paperwork to get it on the ballot in time. In the long term, based on our recent experience and Annexation Study, we know that there are citizens that are strongly opposed to annexation in some of these areas. The Annexation Study also identified that without a long-term funding solution, these areas will be a financial drain to city resources.