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LUTC PKT 06-19-2006 --- ---------- City of Federal Way City Council Land Use/Transportation Committee June 19th, 2006 City Hall 5 :30 p.m. Council Chambers MEETING AGENDA l. CALL TO ORDER 2. APPROVAL OF MINUTES: June 5th, 2006 .., PUBLIC COMMENT (3 minutes) J. 4. BUSINESS ITEMS A. 2007-2012 Transportation Improvement Plan Adoption- Action 5 min / Perez Presentation B. CTR Grant Agreement Amendment Action 5 min / Perez C. Maggie's Meadow Preliminary Plat Action 5 min / Bergsagel D. Northlake Ridge Division 3 Final Plat Approval Action 15 min / Fewins & Pat Simmons (King County) E. King County Policy Update Action 5 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 Lee, Administrative Assistant Dean McColgan 253-835-1701 G..\LlT[C'\LCrrc Agendas and Summorll:~S 2(106\06-19-06 L{ff(' Agtmda.doc ---------- City of Federal Way City Council Land Use/Transportation Committee June 5th, 2006 City Hall 5:30 pm City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey; Council Member Linda Kochmar; Committee Member Dean McColgan; Mayor Michael Park; Council Member Jeanne Burbidge; Committee Member Eric Faison; Interim City Manager Derek Matheson; Community Development Director Kathy McClung; Community Development Deputy Director Greg Fewins; Public Works Director Cary Roe; Public Works Deputy Director Ken Miller; Surface Water Manager Paul Bucich; City Traffic Engineer Rick Perez; Street Systems Manager Marwan Salloum; Street Systems Project Engineer Brian Roberts; Deputy City Attorney Karen Kirkpatrick; Administrative Assistant II Marianne Lee; citizens Evelyn Caste liar and Floyd Little. 1. CALL TO ORDER Councilman Dovey called the meeting to order at 5:31 pm. Council Member Faison will be late and is excused. 2. APPROVAL OF MINUTES The May 15th 2006, minutes were approved. Moved: McColgan Seconded: Dovey Passed: Unanimously 3. PUBLIC COMMENT None 4. BUSINESS ITEMS Chair Dovey moved to amend the agenda because the person speaking on Item A is not yet present. The LUTC will start with Item B, go to Item C and then return to Item A. A. Violation of Zoning Code Appeal/Hearing Examiner Decision Chair Dovey asked Kathy McClung to read the chronology as it appears in the packet and said that fifteen minutes are allotted to this; there is no time for questions. Evelyn has come to the Council several times and has taken three minutes and has not been able to get enough time to speak to us and this is her opportunity to address the Council. Chair Dovey reminded everybody that this is an opportunity to go over the information and not discuss personnel issues or things like that. Kathy McClung identified herself and title for the record. She began the chronology: In October of 2005 the Community Development department received a citizen complaint that there was some recent paving on the Castellar's property with asphalt. So the Code Compliance officer notified the Caste liars of the potential code violation. There were a number of conversations between the owner and the code compliance officer asking for more information and clarification which lead to a meeting in November with the owner and several CD staff and some Public Works staff. The owner had the understanding that a permit was not required to do the paving and the person that had spoken to her indicated that paving under 5000 square feet would not require a surface water drainage review but paving from the property line to the edge of the street would require a Right Of Way (ROW) permit and that there may be other issues that the Community Development department would require. A deadline was given to remove the asphalt and that deadline came and went so the Code Compliance officer issued a Notice of Violations and an Order to Correct. November 28th of 2005 the owners appealed the notice and order and indicated that they would be G ILUTOLUTC Agendas and SUmrnaJies 2006106.05-06 LUTe Minutes FINALdoc Land Use/Transportation Committee Page 2 June 5th, 2006 out of the country for a couple of months. That absence was accommodated and the hearing was scheduled for March of2006. Deputy Hearing Examiner Terrence McCarthy was the Hearing Examiner for the Hearing on March 8th, There were different motions and actions that happened after the Hearing which lead to the Hearing Examiner issuing the decision in April of 2006. The Hearing Examiner determined that the City and the Caste lIar's had reached an agreement concerning the shipping containers on the property and therefore that was not a violation. The act of asp halting the entire property did not trigger the need for a land use modification request and therefore there was no violation and Castellar's subsequently applied for and received a permit to extend their access into the ROWand therefore there was no violation. Chair Dovey thanked Ms. McClung and then invited Mrs. Castellar to the podium. He noted that there was almost a full Council present. Ms. Castellar said she had planned for 15 minutes. Chair Dovey said if she had planned for 15 and he had no objections from the other Council Members he would give her 15. There were no other objections. Ms. Caste liar passed a hand-out to the Council Members. Ms. Castellar started by reading a small portion of Federalist Paper # 51, published on Friday, February 8th, 1788 by Hamilton and or Madison. Today you have given me this opportunity to share my story and a grievance. I hope to accomplish the following: a process needs to be in place to prevent citizens from being trapped into meetings that intimidate, disparage, and abuse. Proper notice of such meetings will do much to help avoid the intimidating, disparagement and abuse that I was subject to. I will explain. On November 1 I received a call at 8:25am from the Deputy Director of Community Development. He asked me if! would come and meet him at his office at 2pm. I was asked to go into the large conference room. The following people were present (referring to the names written on the handout) all very important people. I felt very intimidated and I so mentioned. I wanted to know why I was not advised of a formal meeting and why my husband was not invited. The five men moved on, as if! had not spoken. I have the complete written version, which is #1 in your packet so you can read it. The minute I mentioned that I felt uncomfortable the meeting should have ended. Instead I ended up in tears from the vituperations and I was too embarrassed to walk out of the room, having to endure over an hour of badgering and belittling. Meetings that include such high profile public officials, with the powers that they have, should be communicated to the unsuspecting and trusting citizen. Again, a process needs to be in place to prevent citizens from ever being trapped into meetings that intimidate, disparage, and abuse. Second, I propose that this Council take a new look at our City policies to ensure that the use of private property is not needlessly interfered with. My city government should represent me, not rule me. The following is my summary of after we were given permission to put down asphalt or pavement on our property. First (see handout 2) we received notice that we were in a wetland buffer. That was not true. We were told that we had no right to do anything on our property unless the city staff give their approval. I was tricked into a meeting. We received a new notice of violation with six new trumped up charges. At the hearing on March 7th, both the contractor and the previous owner testified that the asphalt was covering old asphalt. [Handout] number 4 is the person who laid the asphalt. You can look at the hearing record and the previous owner testified. Number 5 [holding up the handout] you can see the impervious surface where we asphalted. We've had the property since 1991, right after Federal Way became a city, and nothing's ever grown there so even on cement you have things growing out of it. This was from a year ago [the picture taken]. You can also see the five containers that were there. So, even after having the testimony that it was covering old asphalt, on March 7th the Hearing Officer writes: "There was no testimony that the City told the Caste liars that they had to obtain a permit. There was no testimony that the City informed them that it would be impossible for the Castellars to obtain a permit for a vacant lot in a residential area." On March 8th the Hearing Officer sent letters to the City and to us to leave the record open to see, and these are his words 'if the City would consider, and use their power', which they indicated they had used in the past, to correct a wrong when the staff had been involved. Here is the letter [holding it up] keeping the record open so we can get the permits. When I attempted to contact my city representatives I was told I GILUTC\LUTC Agendas and Summaries 2006106-05-06 LUTe Minutes FINAL doc Land Use/Transportation Committee Page 3 June 5th, 2006 could not have contact with my representatives and that you were also contacted and could not have contact with me. The City sent me a Land Surface Modification Application. The City Interim Manager chose to support the staffs actions. The fee for the land surface modification is $1,949.50, We were told that we would not be approved for a land surface modification. The attempt to collect the fee came after the testimony by both the contractor and the previous owner that the asphalt covered impervious land and that there was no land surface modification. The Hearing Officer wrote the following, and this is #11 (in the handout) "The City's request that the applicant be required to remove the pavement which they installed, would appear to request that the applicants violate FWCC 21-1 and that it would require clearing and grading of the site in order to remove the top layer of asphalt." This is the full appeal I am giving you so you can see the Hearing Officer's full take on what actually happened from his side. I asked the City Council to please take a new look at City policies and pass good laws that will guarantee 'we the people' that the use of private property is not ever again interfered with by the heavy handed tactics of a corrupted City staff. Please, Council Members, take up the cause of freedom, the freedom of the private interest of the individual, balanced by a concern and duty over the public rights. My City government represents me, it does not rule me. Finally, and this is the last thing, we have to send a 40' container to Honduras, not the 20' one, because we had to send 12 hospital beds, lab equipment, etc., to help build a free hospital closer to our free clinic. We are already putting clothes for another trip to Honduras in the 20' container that is on the property. Now that we have the asphalt we would like to bring in one or two more containers that have been donated to help us collect items to be sent to Honduras. Under the current city code I am forced to ask permission to bring in a new container to our property. Last year there were five containers on this property; today there are only four. This is property that is on Pacific Highway and leads to the Port of Tacoma where we ship containers to the free clinic and the two hospitals in Honduras. May we, my husband and I, bring containers, chattel and moveable property, to our property to facilitate our charitable efforts in Honduras? I ask this not for me but for a forgotten part of the world, with the highest child death rate in this hemisphere. Thank you for your thoughtful consideration of the above. Chair Dovey said he appreciates Ms. Castellar for coming forward but said he can't tell her about the container. There's a process on how that is done and he is going to have to refer her to the City staff because the City has rules and regulations on how to do that. But he is sure the City will look into it. Ms. Caste liar said that she has looked at this and there is nothing that covers a container on their property. There is nothing, and it's considered chattel but because of the way the City code is structured, if it's not listed that we can do it, then we can't. Chair Dovey said he thought Ms. Castellar's request has been heard and there will probably be some discussion and he is sure she will get an answer if there's a way to do it or if there's not a way to do it. Chair Dovey said he wanted to make sure she understand that he appreciated her coming forward; she prepared a lot of time and has given a lot of information and he is thankful that she were able to take time and come forward. Ms. Caste liar thanked Chair Dovey. Council Member Kochmar said what she would like to ask is, and she thinks staff might do this is, she thinks the City has an appeal process for a grievance. A grievance appeal process for citizens in our City who feel that they need to have a process. Although this would not come out of Chair Dovey's committee it would come from the Mayor's, it would be good to look at different ways citizens at large could have grievances. Council Member Kochmar said that because they do have citizen complaints from time to time there should be some kind of a process, perhaps a policy, that would allow for a grievance process and she does believe staff is going to look at that. Chair Dovey said that is not a bad idea and he appreciates Council Member Kochmar bringing that forward. He thanked people for their time and thanked Ms. CasteIIar for coming forward. If there are no further comments the Committee will move to item D. The committee did not take action; this was an information-only item. B. 9th Avenue Sat S 336th Street Signal Modification / Flashing Yellow Arrow Pilot Proiect Rick Perez provided the background information on this item. Staff recommends Option L G:\LUTClLUTC Agendas and Summaries 2006\06-05.06 LUTe Minutes FINAL doc Land Use/Transportation Committee Page 4 June 5th, 2006 Council Member Burbidge asked about the time there is a yellow display, whether it's arrow or a solid circle, will that be changed at all. Will it be the same? Mr. Perez responded that the flashing yellow arrow in this case would be dependent on how long it's green in the opposite direction. That would not change. You'd be able to make a left turn during the flashing yellow which would be displayed at the same time the opposing through- traffic has a green. Council Member Burbidge said that the studies they've done so far indicate there is a result of more safety in using this system then there is in what we have now. Mr. Perez said that's correct. The Federal Highways Administration has been very carefully been watching because they have to approve every experiment site. They are so confident now that, based on a couple of year's worth of data, that they have issued an interim approval where they are delegating the authority to experiment to the states. It's widely expected that this will be adopted as a national standard in the 2008 edition of the manuaL Thus far the safety has been as good if not better than conventional protected/permitted left-turn phasing. There was one study in Dallas that even suggested it's even safer than protected only left-turn phasing because you're providing people options without some of the other restrictions and confusion inherent in the conventional display. Council Member Burbidge asked if the solid yellow phase would be as long as it is now. Mr. Perez said absolutely. Staff believes that providing the left-turn arrow does make it more intuitive. Chair Dovey asked for confirmation that the County will be less expensive to do this than if we went out to bid? That's correct, Mr. Perez replied, because for the City to bid it we have to design it. Staff can give a sketch to King County, which was already done to get a cost estimate, and the signal techs know what to do at that point. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option I on to the June 20th, 2006 City Council Consent Agenda. C. Pacific Highway South Left Turn Pockets to S332nd St. and S316th St. Brian Roberts, Streets Systems Engineer, provided the background information on this item. He introduced himself and thanked the Council Members and Committee Members and citizens. He presented the policy question: Should the median on Pacific Highway South be modified to permit north- bound to west-bound left turns at S 332nd Street and should the existing north-bound to west-bound left-turn pocket at S 316th Street be lengthened to increase its storage capacity? When the Pacific Highway South HOV Lanes Phase II project was originally designed there were no median breaks between signalized intersections. This was true between S 336th St. and S 330th St. In January of 2004 Mr. Kim, a local businessman, submitted a traffic analysis for the Council's consideration that was in support ofa median break at S 333rd St., which the Council ultimately approved. At the same time that this occurred Council also expressed interest in a north-bound left-turn pocket at 332nd St. that would provide enhanced access for the Ernie's Fuel Stop and for Pacific Coast Ford. This same median break would also facilitate a future East/West connection between Pacific Highway South and 1st Avenue South. Council requested that staff submit a revised channelization plan to the WSDOT and to secure a source of funding to construct this additional left-turn median break. The channelization plan was approved on May 8th of this year. We estimate construcfion costs for this left-turn pocket at $81,760.00. That includes a 10% City contingency. We estimate $16,000 in design costs for a total project cost of $97,760.00. Staff proposes to pay for this using unexpended funds from the SR99 Phase II project. When the SR Phase I project was designed there was a 210 foot long left-turn storage pocket for the north- bound left-turn (west turn) lane at 316th Street. After SR Phase I construction was completed, the Pavilions II redevelopment was also concluded and as a result of that Pavilions II completion, we've experienced an increase in traffic in that general area. Today the left-turn queues routinely back up onto the north-bound through lanes. If any of you have tried to drive through that segment of Pacific Highway you are familiar with that problem In response to numerous citizen requests staff have looked at the possibility of increasing the length ofthe left-turn pocket. Staff proposes to extend that pocket so that the taper of the north-bound left turn pocket is immediately backed up against the taper for the south-bound left turn pocket for 31Sth Street. We would maximize the available space out there so we're able to increase the storage G:\LUTC\LUTC Agendas and Summaries 2006\06-05-06 LUTC Minutes FINAL doc ------ Land Useffransportation Commiuee Page 5 June 5th, 2006 space from the current 210 feet to 390 feet. We can do this without compromising the length of the left turn pocket to S 31Sth Street. No channelization plan is required for this revision to Pacific Highway South, as we are only modifying and lengthening an existing feature. Construction costs for this would be $81,480.00, This includes a 10% City contingency. Design costs would be roughly $16,000.00. Total project costs would be $97,480.00 and staff proposes using unexpended funds from the Phase II project to pay for this construction. So as far as options considered, our first option would be to authorize staff to design and bid these two left- turn pocket revisions in the median and to pay for this construction with the unexpended funds from the SR99 Phase II project. The other option is to not authorize staff to proceed and staff would then seek additional direction from the Committee and from the Council. Staff recommends that they be authorized to proceed with the design and bid of both of these left turn pockets and use unexpended funds from SR Phase II to do so. Mr. Roberts finished by asking if there were any questions. Chair Dovey asked for public comment on the Pacific Highway South Left Turn Pockets to S332nd St and S316th St. Floyd Little, Pacific Coast Ford: [purchased Pacific Coast Ford the year the City was incorporated in 1990. We're celebrating our 16th year as an entity in the City ofF ederal Way. [am here tonight to support the left turn lane at S 332nd & Pacific Highway. Council Member McColgan asked about the 316th modification. Was Best Buy there before we redid that intersection or was it after Best Buy was put in? Mr. Perez said that Best Buy was in the permitting process at the time that we were under design for SR99 Phase I. Staff actually asked them specifically to . look at that aspect: is there adequate queue storage for Phase II of Pavilion Center? The answer provided by their traffic analysis was 'yes'. The City reviewed it so the responsibility is shared... they made their best guess. The City concurred with that guess. It turned out to be wrong. Council Member McColgan also asked about signalization. Traffic backs up because it takes forever to make that left turn. Have we checked to see if we can fix the problem with the signals? Mr. Perez replied that staff has looked at modifying the signal timing to extend it much further that it currently is, in terms of how long the left turn phase gets a green. That would, unfortunately, adversely affect the signal coordination for south-bound SR99 to a pretty significant extent. That may be a situation where, by certain times of day we may be able to, for instance with this flashing yellow if we decide to implement that elsewhere, certain times of day we may be able to modify that. Right now, City policy is when you have three opposing lanes you have to go to the protected left-turn phasing and that does limit how much green time you can provide for a left-turn movement. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option I on to the June 20th, 2006 City Council Consent Agenda. D. Update on NPDES Phase II Permit Paul Bucich provided the background information on the draft NPDES Phase II Permit, it's current status and major issues. The Phase II Stormwater Permit generally requires: Public education and outreach; Public involvement and participation; Illicit discharge, detection and elimination; Construction site stormwater runoff and control; Post-construction stormwater management; and Pollution prevention/good housekeeping for municipal operations. Staff has the following major issues with the current draft permit language: re-development requirements, monitoring requirements, use of the 2005 Ecology Manual, annual cost tracking and reporting, effectiveness testing of treatment methods (BMP's), and fiscal, liability and DOE staffing concerns. G:\LUTClLUTC Agendas and Surmnaries 2006\06.05-06 UITC Minutes F1NALdoc Land Userrransportation Committee Page 6 June 5th, 2006 Staff has been working with Stormwater staff from other municipalities to review the current draft permit process. The DOE has received thousands of comments. It is their intention to respond to groupings of comments. They are starting on larger stormwater monitoring efforts and are working with the Attorney General's office on re-development issues. DOE intends to issue the final permit around September. The permit issuance may be delayed if the Legislature is included in the process. Staffhas requested a second draft permit to work out existing issues. Federal Way staff will continue to work with DOE and other interested parties through the development of the permit. Staff has strongly asked them to consider issuing a second draft permit. Are there any questions? Council Member McColgan noted that SWM is working with the Association of Washington Cities (AWe), but asked if staff are also working with the Suburban Cities Association and with other King County cities? Mr. Bucich responded that he has not been in contact with the Suburban Cities Association but has been working with other city's staff. He believes that the A WC has. Chair Dovey asked if the other cities that are going through this process are coming up with the same questions and concerns or is this just Federal Way specific. Mr. Bucich replied that these are all the same issues. Chair Dovey asked that, as it goes through this process, and assuming that these key points that staff are arguing are not changed and are not addressed, what would staff recommend Council do? Mr. Bucich said that he thinks when staff sees what the final permit is going to say the City needs to think about what our options are. Council Member Faison thanked Mr. Bucich for all the hard work he and his staff have put in. He has heard from several people, both on the private side and the public side, and really appreciates the leadership position Mr. Bucich has taken on, not only on this issue but generally in the region. Moved: McColgan Seconded: Faison Passed: Unanimously Committee PASSED Option 1 on to the June 20th, 2006 City Council Consent agenda. E. Sign Fixture Easement for Old City Hall Ken Miller provided the background information for this item. Council Member McColgan asked if it was the understanding of Financial Services that that sign would remain where it is at. Mr. Miller said that when staff originally went through the sale of the Old City Hall they put some stakes in a line for the ROW but on the very corner, where the sign is, it's a radius. Staff had not staked the radius where the sign was. So, when Old City Hall was sold staff does not believe that the purchaser realized the sign was in the ROW because staff did not. Moved: McColgan Seconded: Faison Passed: Unanimously Committee PASSED Option 1 on to the June 20th, 2006 Council Consent Agenda. 5. FUTURE MEETINGS The next scheduled meeting will be June 19th, 2006. 6. ADJOURN The meeting adjourned at 7:10 p.m GILUTCILUTC Agendas and Summaries 2006106-05-06 LUTC Minutes ffNAL doc ---- ---------- COUNCIL MEETING DATE: 18th, 2006 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007-2012 Transportation Improvement Program - Public Hearing & Adoption POLICY QUESTION: Should the City Council approve the resolution to adopt the proposed 2007 ... 2012 Transportation Improvement Plan? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 19, 2006 CATEGORY: ~ Consent 0 Ordinance ~ Public Hearing 0 City Council Business 0 Resolution 0 Other ~!~~~.~P~~T B_\.'.:J~i~!.)?~!l?~2~.~~.~..~!!Y.I!.'!ffi~.~!1.g~Q~~.. ................ ....._..~~.~~:.!~?~~~.~~r.~.._.............._.........._ Attachments: LUTC memo on Adopting the TIP Resolution The Resolution Adopting the TIP for 2007-2012 Options Considered: l.Approve the resolution adopting the proposed 2007... 2012 Transportation Improvement Plan 2.Deny approval. __..._m__..__.____._.____.___.__.__...__......_m.._._...._..........._ ...m,. .....__....._. .........._....~....__.._......~._~..._............._.._..__.._......_.._._..._._...._._.......__..__._..._...._........____._._._.__.___........._........._.___.........._...__......._...._......................_..................._ .............-.....-.-.,.-........-- STAFF RECOMMENDATION: Authorize Option I to approve the resolution adopting the proposed 2007 - 2012 Transportation Improvement Plan. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: {J/hI'\ Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the July 18th, 2006 City Council Consent Agenda. Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: HI move approval of Option 1, to approve the resolution adopting the proposed 2007 - 2012 Transportation Improvement Plan. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # -------- CITY OF FEDERAL WAY MEMORANDUM DATE: June 19,2006 TO: Land Use and Transportation commi~ VIA: Derek Matheson, Interim City Manag FROM: Rick Perez, P.E., City Traffic Engineer PI( SUBJECT: 2007-2012 Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identifY capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the July IS, 2006 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Revised Plan: Attached for your review and comment are the proposed 2007-2012 TIP and ASIP (Exhibit A), a location map (Exhibit B), and a draft resolution for adoption (Exhibit C). The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan TP81, which reads, "Prioritize transportation projects considering concurrency, safety, support for non-SOY modes, environmental impacts, and cost effectiveness." The scoring criteria as established for Transportation TIP/CIP Prioritization ranked each project. Staff also reviewed and analyzed available grant-eligible programs suitable for project programming. The proposed plan does not significantly differ from the previous year's plan; changes should be noted as completed projects and updated costs to current year 2007. No new projects are being proposed. Completed Proiects: . S 3361h St @ 151 Way S, added a westbound right-turn lane, provided signal modifications, and extended the southbound left-turn lane. . S 336th St @ 9th Ave S, provided signal modifications_ . 215t Ave S: S 3lSth St - S 320th St, Extended the City Center grid road to the new Sound Transit Station. . Westway Neighborhood, installed up to 22 new street lights in the Westway neighborhood to address a crime prevention program in partnership with the City's Public Safety Team. ~-----_.- Proiects with Design Complete in 2006 . S 320th St @ 1 sl Ave S, adds a second northbound and westbound left-turn lanes, a new westbound right turn lane, and widens I sl Ave S to five lanes to S 3 16th St. . SR99 HOY Lanes Phase 3: S 284th St - SR 509, adds HOY lanes, a second southbound left-turn lane at S 288lh St, installs raised medians, a new signal at SR 509 @ Redondo Way with interconnect to 11th PI S. . 21st Ave SW I SW 35ih St: SW 356th St - 22nd Ave SW, extends a two lane collector and provides signal modifications. . SR 18 @ SR 161, adds eastbound and westbound right-turn lanes, a third westbound left-turn lane, a second north right-turn lane, and adds a third lane on SR 161 southbound to S 352nd St. 0 0 0 .. ... ... 0 '" I'- N '" N I'- '" 0 N '" '" <0 .. '" :; 0 <0 I'- 00 ;;; '" .... 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MS:Jt\VISl-Z....i __,>'___"_'"'_n._ iY.. -' .. : ~l MS3AVI1:1. ~/ ;:10\ 6' CD;;t~ ;.. 3NAo11 . -liV/~.. . ~. ~ i t ra "-. 01,' ..... ~, - ~.....' iS~16f::!N'- fh! .t:,t 5 ~: ...C\BDllW ;-;1 17"" ,~ ~ ~'.... ~ , i U1 E co &1 ;:;' ~ <lJ/ i ~ J' '3 &~ i ~ ~ ~ ...... . "'" 0.. ..c ~\~: / . ,A rJ/.. '> x ,%,,! . ~~':I.'~ </.' I 0..\ I ~.._' > ril", I ., /,,,, ~;,. . . " .~ ''is''''' a j. ~, ~i - /r ~I iP"'" 1 I ~.~ EXHffiIT C RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AN EXTENDED AND REVISED TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN FOR 2007-2012, AND DIRECTING THE SAME TO BE FILED WITH THE WASHINGTON STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. (AMENDS RESOLUTION 91-67, 92-117, 93-155, 94-186, 95-210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-433, and 05-451). WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated its Transportation Improvement Program ("Program") on October 19, 1993, by its passage of Resolution No. 93-155; and WHEREAS, the Federal Way City Council further updated its Transportation hnprovement Program on October 4, 1994 (Resolution No. 94-186); and WHEREAS, the Federal Way City Council further updated its Transportation hnprovement Program on July 18, 1995 (Resolution No. 95-210); and WHEREAS, the Federal Way City Council further updated its Transportation hnprovement Program on July 16, 1996 (Resolution No. 96-236); and WHEREAS, the Federal Way City council further updated its Transportation hnprovement 'Program on July 1, 1997 (Resolution No., 97-258); and RES # , PAGE 1 WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 7, 1998 (Resolution No., 98-273); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 1, 1999 (Resolution No., 99-299); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 20, 2000 (Resolution No., 00-316); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 17, 2001 (Resolution No., 01-343); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 18, 2002 (Resolution No., 02-365); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 15,2003 (Resolution No., 03-391); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on November 2, 2004 (Resolution No., 04-433); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 19, 2005 (Resolution No., 05-451); and WHEREAS, the City Council of the City of Federal Way has reviewed the work accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and WHEREAS, a public hearing was held on the revised Transportation Improvement Program on July 18,2006, in compliance with the requirements of State laws; and RES # , PAGE 2 WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation Improvement Program and an Arterial Street Improvement Plan for the ensuing six calendar years; and WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually revise and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEP A Responsible Official has adopted the DNS Federal Way File 06-101947 SE issued for the City's 2007 - 2012 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) which includes the extended and revised projects contained in the TIP adopted herein; and WHEREAS, adoption of the City's 2007 - 2012 Transportation Improvement Plan (TIP) and Arterial Street hnprovement Plan (ASIP) DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation ofthe extended and revised Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) adopted herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6) calendar years (2007-2012 inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, which sets forth the City's transportation project locations, RES # , PAGE 3 types of improvements and the estimated costs thereof, is hereby approved and adopted. Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibit A, with the Washington State Secretary of Transportation and a copy with the Washington State Transportation Improvement Board. Section 3. Severability. If any section, sentence, clause or phrase oftms Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase oftms Resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the Resolution is hereby ratified and affirmed. Section 5. Effective Date. This Resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. LAURA HATHA WAY, CMC APPROVED AS TO FORM: RES # , PAGE 4 ----- CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. RES # , PAGE 5 -_.._~-- --------- ~~~ --------- COUNCIL MEETING DATE: July 5,2006 ITEM #: - .... .......-................. ......-........- .....-....... ...._...._...._......-._...~.-._....._...__......._._.- ....-...---...-..........--......-...- ....__....__._....~..._._.....~-_......._~..._......_~.._...._....._..__.__.._-_..._.........~........__.- ............-....~~.._..~... .........._..__._..........._.._....._......_...._..~.... ..-..--...-........ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2005/2007 COMMUTE TRIP REDUCTION (CTR) AGREEMENT AMENDMENTS' POLICY QUESTION: Should the Council approve an amendment to the CTR agreement with the Washington State Department of Transportation (WSDOT) for CTR grant funding? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 19,2006 CATEGORY: t8J Consent 0 Ordinance 0 Public Hearing 0 City Council Business D Resolution 0 Other STAFF REpORT By: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works ..-.---.-.-.......-.._......--.__..~..._....__.....__._._._....._.___......._._...__.._~.__....__..._.._m_.._.___._____.__........~..._._..~__._m.._.._..__....__..._......_.__.__.._._...~._______._..__._._.._._.____._~_.._._..__m__._..._...__...__..___~...___~.H_~ Attachments: 1. Staff report with exhibits to the LUTC dated June 19th, 2006. Options Considered: 1. Approve an amendment to the CTR agreement as proposed by WSDOT for the CTR grant funding allocation of$28,225.97 for the July 1,2006 through June 30, 2007. 2. Reject the proposed amendment by WSDOT and implement CTR as required by state law and local ordinance using in-house staff and City's budget. -..-....--..-....-......-...---.--...-...-........_..--....__......._.._.....___........_........._._.__............___.._....__.__.._.._.____..H__...H___._____.....___...__....._...__...__...._.__..__H_~._......_._....._.____._..__....__.._..____..H____.____..._..___._m.________..__ STAFF RECOMMENDATION: Staff recommends Option I. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Council Committee Council COMMITTEE RECOMMENDATION: Authorize Option 1 to approve an amendment to the CTR agreement as proposed by WSDOT for the CTR grant funding allocation of $28,225.97 for the July 1,2006 through June 30, 2007. Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "[ move approval of the amendments to the CTR agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1ST reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # --------------- ------ CITY OF FEDERAL WAY MEMORANDUM DATE: June 19th, 2006 TO: Land Use and Transportation commi~~ VIA: Derek Matheson, Interim City Manage . FROM: Rick Perez, P.E., City Traffic Engineer ~ Sarady Long, Traffic Engineer SUBJECT: Commute Trip Reduction (CTR) Agreement Amendment BACKGROUND: The Washington Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR) plans and programs. The CTR program requires a two years agreement with WSDOT. The agreement capped funding allocation to the City at $25,623 for the first year (July 1,2005 through June 30, 2006) and requires an amendment for additional funding for the second year. The first year of the agreement will expire June 30, 2006 and an amendment is needed to get additional funding for the second year from July 1, 2006 through June 30, 2007. The amendment proposed by WSDOT would add the second year's funding allocation to the City in the amount of $28,225.97. This is an increase of$2,602.97 from the first year agreement. As in the past, due to workload and expertise, the city will continue to use the technical fund from WSDOT to contract with King County for the CTR support services. Staffwill present this contract to the LUTC and Council as a separate agenda item. cc: Day File 06-19-06 2006 WSDOT CTR Contract Amendment.doc --------- -- ---- ------ COUNCIL MEETING DATE: July 5, 2006 ITEM #: --_._----- ----~--------~-_._._-~_._--_._--_.._-_._---_.__._---,..---...-.-...--------.-"------.-.-.-.--.---.------..-. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Maggie's Meadow Preliminary Plat, File No. 05-103028-00-SU POLICY QUESTION: Shall the proposed nine-lot Maggie's Meadow Preliminary Plat be approved? COMMITTEE: Land Use & Transportation Committee MEETING DATE: June 19,2006 CATEGORY: ~ Consent 0 Ordinance 0 Public Hearing 0 City Council Business ~ Resolution 0 Other STAFF REpORT By: Andy Bergsagel, Associate Planner ~ DEPT: Community Development --.----..--...-..-.-----.--.,..---..--.---.-.----....-...- -.--.--.-..----.--.---.-----..----- - --_..-.__._._..._.._.-.__...._-----_.~--- .. ..----.-............--..--- Attachments: Report and Recommendation by the Federal Way Hearing Examiner, Stephen K. Causseaux, Jr., dated May 30,2006; Staff Report; Preliminary Plat Map; Draft Resolution. Note: A binder "vith the Staff Report to the Hearing Examiner, vvith exhibits, is available in the City Council Room. Options Considered: [See FWCC ~ 20-127] l. Adopt the recommendation. 2. Reject the recommendation. 3. Remand the preliminary plat back to the Hearing Examiner 4. Adopt new recommendations and require or approve a minor modification to the preliminary plat. Decisional Criteria: Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new i~sues or information not contained in the Examiner's record); and the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-126(c). Findings and conclusions that the application is consistent with the decisional criteria are set forth in the Hearing Examiner's report and recommendation. The City Council may receive new information not in the record pursuant to FWCC Section 20-1 27(b). ._----_.__._--._------_.....__._._.._....._........_--~-_....--._-_.~.._._--_..._._...._------_._---------_._......_-------.--....-.-.-.--..--...----------.-.--.-.-...-.--..----.-.------...--.- STAFF RECOMMENDATION: Approval, based on the findings and conclusions of the Federal Way Healing Examiner. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: IltUG Council Committee Council COMMITTEE RECOMMENDATION: I move that the Land Use and Tram.portation Committeeforward to the City Council, and place on the Jutv 5. 2006. City Council consent agenda, a recommendation approving the Maggie's Meadow Preliminary Plat Resolution. Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "f move approval of Maggie 's Meadow Preliminary Plat" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING MAGGIE'S MEADOW PRELIMINARY PLAT, FEDERAL WAY FILE NO. 05- 103028-00 SUo WHEREAS, the owner, Pool Brothers Construction, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Maggie's Meadow and consisting of2.32 acres into nine (9) single-family residential lots located at the 400 Block of South 3 12th Street on the north side of the street; and WHEREAS, on April 19, 2006, an Environmental Determination of Nonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), Chapter 43.21 C; RCW, and WHEREAS, the Federal Way Hearing Examiner on May 16, 2005, held a public hearing concerning Maggie's Meadow preliminary plat; and WHEREAS, following the conclusion of said hearing, on May 30,2006, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Maggie's Meadow preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority purSuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on June 19,2006, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Maggie's Meadow preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Maggie's Meadow preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on July 5, 2006, the City Council considered the record and the Hearing Examiner recommendation on Maggie's Meadow preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. ____nu_ Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's May 30, 2006 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, Maggie's Meadow preliminary plat, Federal Way File No. 05-103028-00 SU, is hereby approved, subject to conditions as contained in the May 30,2006, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision ofthe subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. 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. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY OF ,2006 CITY OF FEDERAL WAY MAYOR, MICHAEL PARK A TIEST: CITY CLERK, LAURA HA THA WAY, CITY CLERK ApPROVED As To FORM: CITY ATIORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No. -- I, (:) tPJ 1f \~ ,\ ../ ' \. '- . CITY OF Federal Way DEP ARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE HEARING EXAMINER MAGGIE'S MEADOW PRELIMINARY PLAT Federal Way File No. 05-103028-00-SU SEPA File No. 05-103030-00-SE PUBLIC HEARING Council Chambers, Federal Way City HaJJ 33325 8tb A venue South May 16, 2006 Report Prepared by: Andy Bergsagel, Associate Planner May 3, 2006 EXHIBIT " PAGE OF ,. ----.- -------- ;.;- . c . TABLE OF CONTENTS A. General ...... ~... ................. ............................................................................................... ... ............ .....3 B. Consulted Departments, Agencies, & Public.. ......... ............. ............. ................................ ..............4 C. State Environmental Policy Act ..... ........ ........ ......... .... ....... ....... ......... ............ ....................... ...... .....4 D. Neighborhood Characteristics ............................ ......... .......... ............................... ...... ................ ......4 E. Natural Environment ......... ..... .............. .... .... .......... ................ ..................... ............ .,...... .......... .......4 F. Subdivision Design............................... ........... .......................... ..... ................ ....... ....... .............. '" ...5 G. Lot Design............................................ ................ ............. ...... ........... .............. ............. ...................5 H. Density ................... .............. ................. ................... ............. ........................ ................. ............. ..... 6 I. Open Space & Recreation ............ ...... .... ..... ............................................................ ...... .... ...............6 J. Pedestrian & Bicycle Access........... .................... ........... .............. ................ ......... ....... ....................6 K. Landscape Buffers.. .............. ......... ....... ........... ...... ...... ...... ...... ........... ............. ............. ............. .......6 L. Clearing & Grading.................. ................. ........ ....... ............ ............. ............................. ........ .... '" ... 7 M. Transportation ........ ......... .......................... ............... .............................. ................ ..... .............. ........ 7 N. Public Services.............................. .............................. ............ ..... ........ ............. ............. .......... ........ 7 O. Utilities & Stormwater .... ........ ....... .......... ....................... ............ ............. ............ ........ .................... 8 P. Decisional Criteria. ...................... ..... ............... '" ........... .......... ........... .............. ..... .......... ...... ........... 8 Q. Findings of Facts and Conclusions..... ............. .......................... ...................... ..... ........... .... ...... .......9 R. Recommendation.... -......... ....................................................... ......... ............................... ...... ......... 11 S. List of Exhibits .. ...... ........ ..... ................................. ........... ........ ......... ......... ..... ...............................11 File No: 05-103028-00-SU (Subdivision) 05-103030-00-SE (SEPA) Applicant/Owner: Pool Brothers Construction (Matt Pool) 1317 North 28th Street Renton, W A 98056 Agent: Sadler Barnard & Associates (Mike Luna) 12714 Valley A venue East, Suite B Sumner, W A 98390 253-826-8135 ext. 105 Action Requested: Preliminary plat approval of a 2.32-acre lot into nine residential lots, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions." Staff Representative: Andy Bergsagel, Associate Planner 253-835-2644 Staff Recommendation: Preliminary Plat Approval , I " '.',,;; ;',.~ ...f . . ,:.- ~, -,.:. "7~"'" ~'-p"......; _.....,. ""__':"~""":,-'~~_",,,,,,,,,.,,,,,,..,_>~. , ,.1 ,'~ _.... Staff-Report to the....H~ring Examin~t r. File #05- J03028/Doc. m 34451 Maggie's Meadow;P~iminary Plat'> , Page 2 .. --, - , ,,-.' . ...... - - -'~'--.'." -'. ~, ..... . -'~ ~-_._-- A. GENERAL 1. Project Description. Subdivision of a 2.32-acre lot into nine residential lots. The project -, includes storm drainage facilities and utility improvements, as well as construction of a cul-de- sac road to be known as 4th Avenue South, which will be accessed from South 312m Street. The applicant is choosing to make a payment in lieu of providing open space. The site is currently wooded and undeveloped. Street improvements, water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will be installed to service the plat. Exhibit I: Set of plans. Enclosed are the following drawings (dated): . Preliminary Plat Map (December 6, 2005) . Temporary Erosion and Sedimentation Control (TESC) and Demolition Plan (December 12, 2005) . Grading and Drainage Plan (April 20, 2006) . Sanitary Sewer and Water Plan (September 21,2005) . Preliminary Landscape Plan (June 14,2005) 2. Location. 400 Block of South 312th Street on the north side of the street (Exhibit 2). 3. Parcel No. 082104-9057. (A legal description is on the plat map.) 4. Size of Property. The subject site currently has a land area ofl01,129 square feet (2.32 acres). I 5. Land Use and Zoning: I Zoninl! Comprehensive Plan Existinl! Land Use Subject Site: RS- 7.2 Single-Family High Density Vacant To the North: RS-7.2 Single-Family High Density Single-Family Residential I To the South: RS-7.2 Single-Family High Density Church To the East: RS-7.2 Single-Family High Density Single-Family Residential To the West: RS-7.2 Single-Family High Density Single-Family Residential 6. Project Review Timeline: December 16, 2004 Preapplication Meeting June 24, 2005 Application Received July 20, 2005 Application Determined to Be fucomplete August 1, 2005 Denial of Hammerhead Request (Cul-de-sac Required) September 22, 2005 Resubmittal October 7,2005 Application Determined to Be Complete October 12, 2005 Notice of Application and Optional Determination of Non significance November 23, 2005 Request for fuformation' December 14,2005 Resubmittal December 20, 2005 Request for fuformation February 24, 2006 Right-of-Way Modification Request Received March 22, 2006 Right-of-Way Modification Request Approved . Staff Report to the Hearing Examiner File #05-103028/Doc.lD. 34451 Maggie's Meadow Preliminary Plat Page 3 ---- . . . B. CONSULTED DEPARTMENTS, AGENCIES, & PUBLIC I The following departments, agencies, and individuals were advised of this application. I 1. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works ! Development Services and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public Safety (Police); South King Fire Department (formally Federal Way Fire Department); Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. 2. All property owners and occupants within 300 feet of the site were mailed notices of the complete preliminary plat application (Exhibit 3). The site was also posted and notice published in the newspaper and on the City's official notice boards. No written comments were received. 3. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. C. STATE ENVIRONMENTAL POLICY ACT An environmental "Determination of Non significance" (DNS) was issued by the City of Federal Way for the proposed action on October 12, 2005 (Exhibit 16). The optional anticipated DNS process was used, with one integrated comment period. This determination was based on review of information in the project file, including the environmental checklist, resubmitted September 22, 2005 (Exhibit 5), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. No comments or appeals on the SEP A decision were submitted to the City. D. NEIGHBORHOOD CHARACTERISTICS The property is located just north of SW 3l2lb Street, between 1st A venue South and Pacific Highway South, in a single-family residential area, which is mostly developed. There are several large parcels to the west of the site, which could be subdivided in the future. The area to the north has been platted and developed as a large subdivision. The site is within walking distance of Mirror Lake Elementary School. E. NA TURAL ENVIRONMENT 1. Soils. The site contains Alderwood Gravelly Sandy Loam in the 0-6% range per the 1973 King County Soils Survey Map, Sheet 15. A geotechnical report was not required as part of this application, as the site contains no geotechnically hazardous areas. Soils will be excavated during the construction of the street and on-site water quality treatment facility, and during installation of utilities. The preliminary clearing and grading plan depicts clearing limits for construction of the aforementioned items. Staff Report to the Hearing Examiner File #05-103028/Doc.I.D. 34451 Maggie's Meadow Preliminary Plat Page 4 - -~-- 2. Topography. The site is rolling with less than 10 feet change in elevation for the entire site. The water will drain southward along the new road to the storm water detention pond. 3. Critical Areas. The City of Federal Way Environmentally Critical Areas Map does not indicate any critical areas, other than a wellhead protection zone. A Wellhead Protection Zone Checklist has been submitted. The project will not be a threat to the wellhead, because only typical household uses are expected. 4. Vegetation. The site is wooded and consists of secondary forest, consisting primarily of conifer trees, with an understory of native shrubs. A significant tree retention plan was submitted as part of the landscape plan (Exhibit 1). There are a total of210 significant trees on the subject property. Pursuant to FWCC Section 22- .I 568, 25 percent of these trees must be saved or replaced, which would be 52 trees. The applicant proposes to retain 27 trees and provide 27 replacement trees, thus meeting the requirement. Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-158. City policy and FWCC Section 20-179 state that existing mature vegetation shan be retained to the maximum extent possible. Significant trees located outside of the clearing limits would be regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction. 5. Wildlife and Habitat. No wildlife species recognized as priority species are known to inhabit the site or the vicinity. F. SUBDMSION DESIGN [FWCC 20-151 J 1. The traffic will be distributed in a logical manner and (as shown on the preliminary plat map) is planned to connect with 3rd Avenue South to the northwest, ifthe adjoining property should be developed. I 2. The proposed street is in line with 4th A venue South, across SW 312th Street. I 3. The cul-de-sac street is less than 600 feet long and therefore, meets the criteria for such a street. I 4. The block perimeter does not meet the standard, because the site is surrounded on three sides by I privately held land. The Deputy Director of Public Works has granted a modification to road standards (Exhibit 6) which allows for the design as shown on the site plan. I 5. The site does not contain steep slopes that will affect street layout. 6. The new street is designed in conformance with adopted standards for sight distance at intersections, as evidenced by the AASHTO analysis (Exhibit 7). G. LOT DESIGN [FWCC 20-152] 1. All lots are of ample dimensions to provide a regular shaped building area that meets required setbacks. The setback lines have been shown on the plans pursuant to the zoning chart in FWCC 22-631 for "detached dwelling units" in the RS-7.2 zone. Staff Report to the Hearing Examiner File #05-1 03028/Doc. J.D 34451 Maggie's Meadow Preliminary Plat Page 5 --~..._--_.----~-_._- . . 2. All lots are accessible by emergency apparatus. 3. The site does not pose significant concerns in terms of topography, natural features, view orientation, or privacy. Preservation of some of the significant trees and underbrush is proposed. 4. All lots will abut a public street right-of-way-the new 4th Avenue South-which will not be an arterial. H. DENSITY (FWCC 20-153] 1. The site meets the minimum density of 7,200 square feet per lot. The proposed lots range in size from 7,209 to 7,258 square feet. Therefore, all lots are of the minimum size for the zone, as dictated by the RS zoning chart for "detached dwelling unit" in FWCC 22-631. 2. The site is not considered a "cluster subdivision". I. OPEN SPACE AND RECREATION [FWCC 20-155] All residential subdivisions shall be required to provide open space in the amount of 15 percent of the gross land area of the subdivision site; except for cluster subdivisions, a fee-in-lieu payment may be made to satisfy open space requirements at the discretion of the Parks Director after consideration of the City's overall park plan, quality, location, and service area of the open space that would otherwise be provided within the project. The applicant does not show open space on the site plan and proposes fee-in-lieu of open space. The Parks Director approves and prefers the fee-in-lieu of open space for this application~ The fee-in-lieu of open space is calculated on 15 percent of the most recent assessed value of the property at the time of fmal plat approval. As a condition of approval of this application, prior to approval of the Final Plat, the applicant must submit to the City of Federal Way the fee-in-lieu of open space. J. PEDESTRIAN AND BICYCLE ACCESS [FWCC 20-156] The site is small and is limited in that it is surrounded on all sides by privately held land. A sidewalk will be provided along the front of all of the lots. As mentioned above, the Deputy Director of Public Works has granted a right-of-way modification for the pedestrian block perimeter standard. K. LANDSCAPE BUFFERS The Subdivision Code states that the design should provide a 10-foot-wide Type III landscape strip along all arterial streets to shield new residences from arterial streets. Said landscape strip shall be provided in a separate tract to be owned and maintained by the homeowners' association. Perimeter fencing in subdivisions shall be located on the interior side of landscape strips planted along arterial streets [FWCC 20-178]. The landscape plan shows a 10-foot landscaped buffer along South 312th Street; this buffer will screen the stonnwater pond. The "Covenants, Conditions, and Restrictions" (CC&Rs) must state that the landscaping in the buffer strip along SW 31th Street will be maintained by the homeowners' association in perpetuity. Staff Report to the Hearing Examiner File #05-1 03028/00c. I.D. 3445/ Maggie's Meadow Preliminary Plat Page 6 L. CLEARING AND GRADING In the superceded set of plans submitted September 21, 2005 (Exhibit 9), the Clearing and Grading Plan showed clearing and grading extending far beyond the road and stonnwater tract area, to be built at the time of the construction of the plat infrastructure. In general, the FWCC does not support mass clearing and grading of a proposed plat unless there are unusual site conditions and/or existing topographical conditions that support extensive site grading at the time of infrastructure development. Specifically, FWCC Section 20-179 states, "All natural vegetation shall. be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision." It also states, "Existing mature vegetation shall be retained to the maximum extent possible. "The applicant was advised to revise the (September 21, 2005) plans, or provide written justification for the clearing and grading. The applicant responded by submitting a revised set of engineering drawings, which showed reduced clearing and grading limits, which staff found to be acceptable. M. TRANSPORTATION 1. Street Improvements. Access to the site will be provided by an extension of 4th Avenue South, north of South 312th Street within the boundary of the site, with provisions for future extension to connect with 3rd A venue South to the northwest, if the adjoining property should be developed. The extension of 4th A venue South shall be developed to half-street section standards as shown on the Grading and Drainage Plan, with an80-foot diameter cul-de-sac turnaround at the north end. The frontage along South 3 12th Street shall be improved to half- street standards on the north side of the centerline, with tapers and transitions, as shown on the Grading and Drainage Plan. Pursuant to FWCC Section 22-1528, the new 4th A venue South shall be developed in accordance with a City Standard Roadway Cross-Section "W". The required street improvements will include 20 feet of pavement, with vertical curb and gutter on the east side only, a four-foot planter strip with street trees, five-foot sidewalks, and three-foot utility strip with streetlights, all within a 32-foot-wide dedicated right-of-way. In accordance with FWCC Section 20-176, all street improvements must be dedicated as City right-of-way and improved to the aforementioned standards. Street lighting is required on all streets pursuant to FWCC Section 22-1522. Required improvements to the project's street frontages are code-based requirements in the FWCC, and are independent of the SEP A mitigation. 2. Off-Site Traffic Mitigation. Since this project will produce fewer than 10 PM peak hour trips, the applicant was not required to provide a Traffic Impact Analysis (TIA) for traffic mitigation. Consequently, as mentioned above, the Director issued a DNS. N. PUBLIC SERVICES 1. Schools. The application was routed to Geri Walker at the Federal Way School District on June 30, 2005. The September 22, 2005, resubmittal package was also routed to her. The staff planner received no comments from the school district on this proposal. School impact fees, as authorized by City ordinance, are collected at the time the building permit is issued. School impact fees are determined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. Staff Report to the Hearing Examiner File #05-1 03028/Doc. ID. 34451 Maggie's Meadow Preliminary Plat Page 7 . 2. Public Parks. Refer to the analysis of open space requirements above. The Director of Parks has determined that a fee-in-lieu of open space on site is preferable for this proposal. 3. Fire Protection. The King County Certificate of Water Availability approved by the Lakehaven Utility District (Exhibit 11) indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved by the Fire Department. o. UTILITIES AND STORMW A TER 1. Sewage Disposal. The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A Certificate of Sewer Availability, dated July 16, 2004 (Exhibit 10), indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. 2. Water Supply. The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A Certificate of Water Availability, dated July 16,2004 (Exhibit II), indicates Lakehaven's capaCity to serve the proposed development through a DEA. 3. Drainage Facilities. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The applicant's revised Preliminary Surface Water Technical Information Report (TIR)by LPD Engineering, dated September 14,2005 (Exhibit 12), was reviewed by the City's Public Works Department and found to be acceptable. The preliminary design proposes to collect and convey water through a series of pipes and catch basins into a stormwater detention pond and water quality treatment facility located at the southern end of the development. The proposed flow control and water quality facilities are adequate to serve the proposed development. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. P. DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Pursuant to FWCC 20:"1 26(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below: Staff Report to the Hearing Examiner File #05-1 03028/Doc. J.D. 34451 Maggie's Meadow Preliminary Plat Page 8 -- I. The project is consistent with the comprehensive plan. The application is subject to the adopted 2003 Federal Way Comprehensive Plan (FWCP), which designates the property as Single- Family High-Density. The proposed land use, Single-Family Residential plat, with 7,200 square-foot minimum lot size (RS-7.2), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat win comply with all provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. The proposed preliminary plat would permit development ofthe site consistent with the current Single-Family High- Density land use classification of the FWCP and map. Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire Department. Future development of the plat and associated improvements in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in Section 20-2. The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2, and the standards and regulations therein, as identified in this staff report, including effective use of land, promotion of safe and convenient travel on streets, and provision for the housing needs of the community. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20- 178 through 187. As proposed, the plat is consistent with the development standards listed in Sections 20-151 through 157 and 20-178 through 187. Q. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposed action is to subdivide a 2.32-acre lot into nine single-family residential lots. 2. The application (resubmittal) was deemed complete on October 7, 2005. The plat is subject to codes and policies in place on that date, including the 2003 Federal Way Comprehensive Plan (FWCP). 3. The subject property is designated Single-Family High-Density in the 2003 FWCP. 4. Zoning for the site is RS-7.2 (minimum lot size 7,200 square feet). The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations. Staff Report to the Hearing Examiner File #05-1 03028/Doc. rD. 34451 Maggie's Meadow Preliminary Plat Page 9 . , . 5. A Notice of Optional Determination of Nonsignificance (DNS) was issued for this proposed action on October 12,2005, along with the Notice of Application. No comments were received. The responsible official issued a final DNS on April 19, 2006. -. 6. As proposed, each lot contains an adequate size and shape building envelope to contain a future single-family residence. Preliminary building setback lines are identified on the preliminary plat map. 7. No open space is proposed on site. Pursuant to FWCC Section 20-155, the applicant has proposed fee-in-lieu of on-site open space, which the Parks Director finds to be acceptable. 8. No environmentally hazardous areas are known to be on the site, other than a critical aquifer protection zone, which will not be affected by the development. 9. The subject property is forested. Significant tree retention and/or replacement shall be provided in accordance with FWCC Section 20-179 and 22-1568. Trees that may be left on individual lots following the construction of plat infrastructure may be removed during individual home construction and are subject to retention and replacement standards ofFWCC Section 22-1568. 10. Areas where grading should be permitted are identified on the revised clearing and grading plan (Exhibit I). The areas recommended for clearing and grading are the areas for right-ofways and utilities, and areas where topography would hinder the functioning of the on-site stormwater detention facilities. 11. The applicant has submitted a preliminary landscape plan which generally meets the requirements. A final landscape plan is required prior to proceeding with plat construction. 12. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary storm drainage TIR, as revised September 14, 2005, by LPD Engineering, was reviewed and accepted by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plans will occur in conjunction with full drainage review. 13. Public Works staff have reviewed the project and concluded that the proposed street layout and street improvements of the subdivision are consistent with the adopted codes and the Comprehensive Plan. 14. The applicant was not required to provide a Traffic Impact Analysis (TIA) for traffic mitigation, since this project will produce fewer than 10 PM peak hour vehicle trips. No offsite traffic mitigation is required. 15. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. 16. The proposed subdivision and all attachments have been reviewed for compliance with the FWCP, FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. As proposed, and recommended Staff Report to the Hearing Examiner File #05-) 03028/Doc,I.D. 34451 Maggie's Meadow Preliminary.Plat Page 10 by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations. R. RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recortnnends approval of the preliminary plat. s. LIST OF EXHIBITS 1. Set of plans (dated): Preliminary Plat Map (December 6,2005), Temporary Erosion and Sedimentation Control (TESC) and Demolition Plan (December 12, 2005), Grading and Drainage Plan (April 20, 2006), Sanitary Sewer and Water Plan (September 21, 2005), Preliminary Landscape Plan (June 14,2005)_ 2. Vicinity Map. 3. Notice of Application and Optional (Anticipated) Detennination of Non significance. 4. Zoning Map. 5_ SEPA checklist, resubmitted September 22,2005. 6_ Request for Modification to Road Standards, regarding pedestrian connectionlblock perimeter. 7. Modification to Road Standards, regarding pedestrian connectionlblock perimeter. S. AASHTO sight distance analysis. 9. Superceded set of plans submitted September 21,2005, showing additional clearing and grading. JO_ King County Certificate of Sewer Availability, approved by Lakehaven Utility District. 11. King County Certificate of Water Availability, approved by Lakehaven Utility District. 12. Preliminary Surface Water Technical Information Report (TIR), dated September 14,2005. 13. Letter from Deputy Director Ken Miller, denying hammerhead turnaround_ 14_ Letter from applicant proposing SO-foot-wide cul-de-sac, dated September IS, 2005. 15. Master Land Use Application form for Maggie's Meadow Preliminary Plat. 16. Final DNS, issued April 19, 2006. 17. Quarter-section Map_ Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMITTED TO THE PARTIES LISTED HEREAFTER: Stephen Casseaux, Jr., Federal Way Hearing Examiner Agent: Sadler Barnard & Associates (Mike Luna) Applicant: Pool Brothers Construction (Matt Pool) Kevin Peterson, Public Works Development Engineering Sarady Long, Public Works Traffic Engineering Greg Fewins, Deputy Director of Community Development Services Staff Report to the Hearing Examiner File #05- J 03028/Doc.I.D. 34451 Maggie's Meadow Preliminary Plat Page J 1 , , ~ Federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 Page - 1 www.cityoffederalway.com CL Gr t:t /9) fE rG fE U \If ff ~ ~O~_~ Ul] MAY 30 2006 U!) City Clerks Office City 01 Federal Way May 30, 2006 Pool Brothers Construction Matt Pool 1317 North 28th Street Renton, WA 98056 RE: MAGGIE'S MEADOW PRELIMINARY PLAT FW#05-103028-00-SU Related File # 05-103030-00-SE Dear Applicant: Enclosed please find the Report and Recommendation of the City of Federal Way Hearing Examiner relating to the above-entitled case. SKC/ca cc: All parties of record City of Federal Way EXHIBIT 20 , PAGE OF , Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) FW#05-103028-00-SU MAGGIE'S MEADOW PRELIMINARY PLAT ) Related File # 05-103030-00-SE ) ) J. SUMMARY OF APPLICATION The applicant requests preliminary plat approval to allow subdivision of a 2.32-acre lot into nine residential lots. The project includes storm drainage facilities and utility improvements, as well as construction of a cul-de-sac road to be known as 41h Avenue South, which will be accessed from South 312\h Street. The applicant is choosing to make a payment to in lieu of providing open space. The site is currently wooded and undeveloped. Street improvements, water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will. be installed to.serve the plat. II. PROCEDURAL INFORMATION Hearing Date: May 16, 2006 Decision Date: May 30, 2006 At the hearing the following presented testimony and evidence: 1. Andy Sergsagel, Associate Planner, City of Federal Way 2. Mike Luna, 12714 Valley Avenue, Sumner, WA 98390 3. Rafael Contreras, 350 S. 3121h Street, Federal Way, WA 98003 4. Ron Sina, 30939 - 51h Way South, Federal Way, WA 98003 5. Sarady Long, Traffic Analyst, City of Federal Way 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 -- - Page - 3 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" with attachments and hereby incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a rectangular, 2.32 acre, unimproved parcel of property abutting the north side of S. 3121h Sf. opposite its intersection with 41h Avenue S. within the City of Federal Way. The parcel abuts S. 3121h St. for 165 feet and measures 525 feet in depth. The applicant requests preliminary plat approval to allow subdivision of the site into nine single family residential lots. 5. The preliminary plat map shows access provided to all lots via a single, internal plat road extending north from S. 312lh St. and terminating in a cul-de-sac approximately 75 feet south of the north property line. The internal road will become a northern extension of 41h Ave. S. and will also provide a potential future road connection to adjoining lots from the west side of the cul-de-sac. All lots will access onto the internal plat road. A 12,499 square foot storm drainage tract is located at the northeast corner of the intersection of the internal plat road and S. 3121h St. Lot sizes vary between 7,209 square feet and 7,258 square feet, and all lots measure at least 54 feet in width. 6. Abutting uses to the west include ~me house on a large lot and undeveloped property. Six lots abut the east property line and single family residential homes in the Parkwood Campus subdivision abut the north property line. Uses across S. 312111 St. to the south include St. Luke's Church, Federal Way Mission Church, and Church of the Good Sheppard. Mirror Lake Elementary School is located to southeast. A parcel of property under separate ownership and within the Parkwood Campus subdivision separates the parcel from 5\h Way South. 7. The site and abutting properties are located in the Single Family High Density designation of the City of Federal Way Comprehensive Plan and the Residential ----~ -- - - -------- -_._~ --------- Page - 4 Single Family (RS-7.2) Zone classification of the Federal Way City Code (FWCC). The RS-7.2 classification authorizes detached, single family residential homes on minimum 7,200 square foot lot sizes as outright permitted uses. 8. Soils on the site are Alderwood gravelly sandy loam and the topography is flat, varying between 410 feet near the northwest corner to 420 feet in the central portion of the site. No critical areas such as wetlands or steep slopes exist on the. site, but a wellhead protection zone does appear. The applicant has submitted a wellhead protection zone checklist showing that the project will not threaten the wellhead due to development of the site with singlefamily homes. 9. No wildlife species recognized as priority species inhabit either the site or the vicinity. The parcel is heavily vegetated with undergrowth and 210 significant trees. FWCC Section 22-1568 requires the applicant to save or replace 25% of said trees, or 52 trees. The applicant proposes to retain 27 trees and replant 27 trees, thus meeting ordinance requirements. The applicant must also provide a tree clearing plan and landscape plan which meet the requirements of Section 20-158 FWCC, and must also retain mature vegetation to the maximum extent possible. 10. The rectangular shaped lots provide reasonably sized building envelopes which meet required setbacks of 20 feet front yard, five feet side yard, and five feet rear yard. No building will extend above the 30 foot building height, and each lot will provide a minimum of two, on-site, parking spaces. FWCC 20-155 requires the applicant to maintain 15% of the gross land area of the subdivision in open space. However, the applicant may propose a fee in lieu of payment to satisfy said requirement subject to acceptance by the City Parks Director. The Director must consider of the City's overall park plan and the quality, location, and service area of the open space. In the present case, the Parks Director has approved and in fact prefers the fee in lieu of open space. The City Subdivision Code requires a ten foot wide, Type 3 landscaping strip along arterial streets to provide buffering for new residences. Said strip will consist of a separate tract owned and maintained by the homeowners association, and perimeter fencing will abut the interior side of said buffer. The buffer will screen the storm drainage tract, and the subdivision CCRs will require the homeowners association to maintain the buffer in perpetuity. 11. The applicant submitted an initial clearing and grading plan on September 21, 2005, which showed virtually all of the site cleared and graded with the exception of an area along the east property line. The City did not approve said plan and Page - 5 the applicant revised the plan to reduce the cleared area to the road and storm drainage pond. The new clearing and grading plan satisfies FWCC 20-179 which reads: All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision. The City approved the revised clearing and grading plan. 12. The applicant will construct the internal plat road, 4th Avenue S., to half street section standards to include an 80 foot diameter cul-de-sac. The FWCC also requires the applicant to improve S. 312th Sf. to half street standards on the north side of the centerline with tapers and transitions as shown on the grading and drainage plan. The internal41h Avenue South will include a pavement width of 20. feet, vertical curb and gutter on the east side only, a four foot wide planter strip with street trees, five foot wide sidewalks, a three foot wide utility strip, and streetlights all within a 32 foot wide right-of-way dedicated to the City. Since the project produces fewer than ten p.m. peak hour trips, the City did not require a Traffic Impact Analysis (TIA) nor any traffic mitigation. The applicant must comply with the City School Impact Fee Ordinance and make a per lot payment to the Federal Way School District to offset the impacts on the district of school aged children residing in the plat. 13. The Lakehaven Utility District will provide both domestic water and fire flow to the site, and the fire department wiIJ determine the location of fire hydrants. The Lakehaven Utility District will also provide sanitary sewers to each lot. The plat makes appropriate provision for fire protection, potable water supplies, and sanitary waste. 14. The applicant will construct the storm drainage facilities to meet adopted City standards which include the 1998 King County Surfacewater Design Manual and the City's amendment to the manual. The revised preliminary storm drainage plan was found acceptable by the Public Works Department. The preliminary design proposes to collect water in catch basins and convey it through a series of pipes into a stormwater detention pond and water quality facility. 15. Prior to obtaining approval of a preliminary plat the applicant must establish that the request satisfies the criteria set forth in Section FWCC 20-126(c). Findings ---- Page - 6 on each criteria are hereby made as follows: A. The project is consistent with the 2003 Federal Way Comprehensive Plan which designates the property as Single Family High Density. B. The project is consistent with all applicable provisions of the FWCC including those adopted by reference by the comprehensive plan to include FWCC Chapter 18 Environmental Policies, Chapter 20 Subdivisions, Chapter 22 Zoning, and all other applicable codes and regulations. C. The project is consistent with the public health, safety, and welfare as it provides an attractive location for a single family residential subdivision convenient to schools and shopping and employment opportunities along SR-99. D. The project is consistent with the design criteria listed in Section 20'-2 FWCC_ E. The project complies with the development standards listed in Sections 20-151 through 157 and 20-178 through 187 FWCC as proposed. 16. The applicant requested and obtained a waiver by the Public Works Department of the pedestrian block perimeter standards set forth in Sections 20-151 and 20-156 FWCC. The basis for the applicant's request was the 1.68 foot wide strip of property separating the northeast corner of the plat parcel from 5th Way South and the approval by the City in 1993 of the Parkwood Campus preliminary plat which intentionally denied access to 5th Way South for the plat parcel. In the letter requesting the waiver the applicant also asserted that Section 20-156(c)(3) FWCC provided justification as the owner of the adjacent development is not cooperative. However, the applicant pointed to the previous approval of the Parkwood Campus project as the primary reason justifying the.waiver. The Public Works letter dated March 22,2006, noted that the adjacent property owner had failed to respond to the applicant's request to negotiate an agreement that would allow for the construction of the pedestrian connection. At the hearing Sarady long, Public Works Traffic Engineer, testified that the Public Works Department granted the variance based on both grounds cited by the applicant, but mainly for the reasons regarding Parkwood Campus (see Exhibit "6"). Therefore, even though Mr. Ronald Bina, owner of the abutting parcel, appeared at the hearing and indicated that he was conducive to selling property for a pedestrian access, such is not relevant becaUse -- Page - 7 the Public Works Department granted the waiver primarily for other reasons. IV. CONCLUSIONS F rom 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 shown that the request for preliminary plat approval is consistent with the Single Family High Density designation of the City of Federal Way Comprehensive Plan and meets all bulk regulations of the RS-7.2 zone classification of the FWCC. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, fire protection, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved. RECOMMENDA TION: It is hereby recommended to the Federal Way City Council that the request for preliminary plat approval of Maggie's Meadow should be granted. DATED THIS 30th DAY OF May, 2006. dlf1(a-- sTEP K. CAUS X.. Hearing Examiner ! Page - 8 TRANSMIITED THIS 30th DAY OF May, 2006, to the following: APPLICANT/OWNER: Pool Brothers Construction Matt Pool 1317 North 28th Street Renton, WA 98056 P.O. Box 3023 Renton, WA 98056 AGENT: Sadler Barnard & Associates Mike Luna 12714 Valley Avenue East, Suite B Sumner, WA 98390 OTHERS: Rafael Contreras 350 S. 312th Street Federal Way, WA98003 Ron Bina 30939 - 5th Way S. Federal Way, WA 98003 City of Federal Way c/o Laura Hathaway 33325 8th Avenue South Federal Way, WA 98063-9718 . , . Page - 9 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 that the change does not significantly alter the project. . ~ ~ ~ !II. REV 1, 12-8-05 RtvlSE ROAD AT SOUTHWEST CORNER loOT 9 ~~e~ 30STS PRELIMINARY PLAT !II !II RESUBMITTED '< '< OF DEe 1 4 2005 ~ 0> CITY OF FEDERAl. WAY N i MAGGIE'S MEADOW BUII.DINGDEPT. t SE 1/4. NW 1/4, SEC. 8. T. 21N., R. 4E., W.M. 320TH ST VICINflY t.W> N.T.S. PARKWOrYf C~ EVERGREEN VOL lfffMIGs.87-90 ,,~\\ ESTAoT1ESpcflVl!!77 ~O~ VOL 1 . TURNER, JULIUS S. ..' .. OT 09 O. ::', ~C l! 6&72850280 ............ eAASS CI>J' IN CASE H 0 I CIJ . ;!; l!l " .. ",.. W/ srARBURST 0"4 II "'tl: i 1,0\23 :; 'tLot.a4~ .... 'If' LotIO \0 1Lld.1'''''",,,U ('0/07/2004 ~ " C l., Q.l I HA5AYEN, IZZAT I .. :; ~.. ~ ::.. I ... ""'...... 8872850230" SITE I.IES N 88'55'02' W O..j . ....;/ ~@ iZ'1:I:::....... i l.88 FEET FROM THE WEST · . 0.1 · A /........... d... . MAROIN OF 5TH WAY S. I i I' "-,--,-.._~-.- ....--...--161.2'_ -t- ! i;g !'I \ ,\ llM1.QW I I~ I _. I ~ \~,,; POOL BROTHER. CONSTRUCT'ON LLC 1 I ~ I "'I' ~ ,\'i~ =i:~fg~, ~~3 980~8 I i li"~. ~ ~~ PHONE, 2B3-405-3m I i ~ I I ~' f$l q" ~ S Ql\W I i ill I i..,~.:..e.. ~ <>V POOL BROTHERB CONSTRUCTION I.LC I I '" I I "'!; . ;;: \P u ~ =i:~rg~. ~139BO~B I . I;!; .' ~ ~ II, 0 ~p .-..-.." , :! , . · '''' ' I~.~. \"'" ~\Q lAND SUOvNOO I . 12 ; . TRANSr(RR(O 8Y \ . ~ BAASS CJoP IN CASE SAoLER/BAANAOO ANO ASSOC" INC. I t 1 ! , I \2114 VALLE'! AVE. E. I I' (l L ! i \ I . ::j SUMNER. WA. 9B390 I .::! '-'-'-'-'-'-'-'-'-'-~I .'..-....".-.-.l.-. , ">\.If)j PHONEI 2~3-826-a'3~ 1 !i1 '. ,., L ' I"i.! WllWW Iii s~~O--W LPO ENGINEERING I . . '. . '_", """"",-:-r:1 ;~f,&EW::09~~~~AVE. S. 1 L._._ _.__P~ry:~TI~.:IJT~R~R.9.Al!..C~~CI!Ot:'.....,:_.i_ ,'0;"...., Iii PHONE'206-126-1211 I 15.00 TEMPORAAY ,.'" i ! 20NINQ rll,tJ I.ANn U$r' O~!;\QNATION<;l; I CONSTRUCTION Z -.: 16.00' THE SUSJ CT PROPERTY ANG ALL I.OT$ WITHIN 100 EASEMENT I ~~ rci::.~ ~~'~:'..::'~~~: ~'~~~E:I~2 1.-._._ -.- - - _ _ _ _._ _ _'_ _____.__...... BINGLE FAMILY J~j\~~l~ OUTSIOE OF AAEA TO BE OEVELOPEO I ZONING IN~AMlfION FOR RIGHT OF WAY AND UTll.ITIES, MINIMUM 1.0 51 E 1,200 SO. FT. 133 X .25-33 TREES REO. TO BE RETAINED \ FRONT SETBACK 20' 34 ARE RETAINED . ~~r \ REAR SEtBIICK S' eUILbING HEIGHT 30' PAAKINO 2 SPACts PE:lt UNIT !fAD/US AR LEN 1H LOT COVEIWlE BO~ .0 O,B lOT INFORMATION FOR PutCr'l MCl8210...QM1 0 ;;5 101,'29 SQ. FT./2.32 .-cots . 5 J .1 OPEH SPACE REQUIRED lB.'89 SQ. FT./0.35 ACRES ".50 87." OPEN SPACE PROVIOEO: PROPOSEO FEE IN UEu RIGHT OF WAY DEDiCATEO FOR 312TH' 1,320 SQ. FT. ~~~~",?,:'T~9,~~O 70. FT. LI ,""'Ne / ANO ACCESS mACT' 21'21 $Q FT L1 N '0451 E 1 .00 ~ LAAQm I.OT: "'.~&e so. Fr, . 01'04 a 10.00 a> EUNA, RON S""'\.LEST LOT: 1.201 SQ. FT J S 01'0< a w a.o 0821048227 . AVERAOE LOT, 1,219 so. FT. . Undevolopod ., " 6 S 8::; 0 : ~ ~~fg4N90gS R. ~ ~,~ t...r:S"<1.' .ktQP'..o.. " ,.. 8 MONUMENT FOUND THIS SURVEY $ ill FQUNO PROPERTY CORNER AS INOICATEO ~~Sl!;..9.f.....i;AR!.t:HL 1\.T ....'" ., . REBAR. CAP LSI 6228 PLAT or e:\lERGAEEN ESTAtES SOulH J;\l 'l:l. POWER POLE vOt.. 101. PACES 75..71 (PLAT) _ Ul1L1TY POLE ,_. u.,,_..._..._ - CUY ANCHOR VERTICAL DATUM 'I' . '* stREEt UCKT 'NGVii"2.~"B'''"*2200:':04 EI".Uon. 363,4, ,,:' 0" '422 IllI .~ONE OR CABLE PEOESTAL ./ . HANDICAPpeD . RAMP . Ci1 FIRE HYDRANT ..!:QU!.PMENL\LSJiP. i i s. WATER VALVE tOPCON OTS 36 TOTAL STAnON KIM, JONO '" ". 1llf wATtR ME11:R HP"480X OATA COLLECTOR _ ;0 0821 048253 ",~~:o' . CATCH BASIN OR I~LEt lB a:jl.:' ~,.. @ (i) _HOLE_ORAlN OR SEWER llIlJ l.I:. . ~ 1111: * CONIFER AS DESCRIBED ..1'8Ql:;.QVJKJJ!;;P. ., . . OECIOUOUS AS OESCRIBEO ~~~'fJRT~:'~~~~A" COU.tCnGN 01 ...,..-.., EOCE or PAVlNC AT FACE OF CURB IJt.....--.-. tOOl Oft PA\t(MENT -x p--- CHAIN LINK OF!: WIRE F'ENCE I. Q \0 w'" WATERuNE 10/S'" .. $-- SANITARy SEWER I~ :!trl l~GAl otSCRtPTION ~ J Cl ...~ . THAT PORTION OF T~E SOUTH ~ALF Or THE NORTHWEST OUARTER OF _ ..... I Q /'" SECTION 6, TOWNSHIP 21 NORTH, RANGE ~ EAST, W.M. IN KING COUNTY,. . . . zU'" 'NO ROBERT ",~.o' WAS~INOTON. DESCRIBED AS FOLLOWS: 0 3u 60 911 _. ,_. m_, T BEGINNING AT A POINT 30 FEET NORTH AND 500.41 FEET WEST OF THE r-..I"'" - . k 0121049067 ~ SOUTHEAST CORNER OF THE WEST HALF Or THE SOUTHEAST OUARTER or 0 l'; C 0;- THE NORTHWEST QUARTER OF SAID SECTION S; THENCE WEST ON THE SCALE 1 "..30':; 1"/ NORTH I.INE OF THE FRENC~ lAKE COUNTY ROAD. '65 FEET; T~ENCE '" ~~ p~~AI~~L Ri%H~H~N~~~THTOLI~IOOFN~r~ ~6"Jci. 6,3~4.~~~E~E,"bC~HE I ~.. ... .. SOUTHWESTERI.Y UNE OF BUENNA COUNTY ROAD; THENCE SouTH 37'0\' TOPOGRAPHY PROVIDED BY OTHERS. ~:2~L~~ ~D T~~U~~~~~RL;E~I~~'N~~46 FEET; THENCE SOUTH ~~R~gt~'%~~R~[TI~~C~~mN~fD T~~ KOTNOG, VALERIY EXCEPT THAT PORTION THEREOF CONVE'rED TO KINO COUNTY BY DEED THIS PRELiMINARY PLAT IS INTENDED OR 0821049230 RECORDED UNDER RECOROING NUMBER B606030359. IMPLIED AI.SO ExCEPT THAT PORTION QUIETED IN KING COUNTY CAUSE NO. , 02~2~19282-3, OESCRISED AS fOU.OWS, .., ~~~~:~~~O~u~~Tl~EOrE~C~~ 8~rT6~~s~~~T~f"~b~~~~~ZiG~F4 THE ':0" ~ .0' EAST, W.M.. IN KING COUNTY, WAS~INOTON LYING WITHIN THE FOLLOWING ~~~ T ~~~I%~bE~T A POINT 455.00 FEET NORTH AND 500.41 FEET WEST, AS "'0)' MEASURED ALONO AND AT RIGHT ANGI.E TO THE SOUTH UNE THEREOF. FROM T~E SOUT~EAST CORNER OF THE WEST HAI.F TO THE SOUTHEAST OUARTER OF T~E NORTHWEST QUAATER OF SAID SECTION 8: THENCE .... .:. ""r'" NORTH 0I'O~'3B' EAST, AT RIOHT ANGLE TO SAID SOUTH UNE. 205.00 I ~ I FEET TO THE NORTH LINE or T~E SOUTH 660.00 FEET OF SAID...: . ' ... SUBDIVISION: THENCE SOUTH 07'29'1 I" WEST, 68.30 FEET: THENCE SOUTH " .:!I I ~I 02'04'30' EAST. 137.61 FEET TO THE POINT OF BEGINNINC: ^" :e ~ ! ~' CONTAINING 780.56 SOUARE FEET. MORE OR LESS:..y . I "/ 0 SITUATE IN KING COUNTY, WASHINCTON. .Jt'" .,t .(l "'", " "," ~ I ~ . " CCllLC CENTERLINE Of ; I CIJ 4TH AVE souTH PROJECTED LANOSCAPESTRIP . .q lli INTERSECTS NORTH RIGHT OF WAY TO BE OWNED );!; ..... ::l 5.86' EAST OF PROP LINE AND MAlNTAINEQ".. ::J .... .. . .... ,,,.,' By HOMEOWNERS,' (;> .., ffi ,(ASSOC.. CIJ ~ ..... d[-.;S 1.330 SQ. FT, " ,... ,~'L15 <f' .01 ' ~I ""la'"'''''' t; ~ . ~:~ I ~ till' ~ ....1 .J~.. .(l COPPER PL.UG IN CASE _. "tIo..l W/ PUNCH IN CONC \(') AASS CI>J' IN CASE (10/07/2004) S.outh 312th Street wi ST'RBURST 7 8~....... .._.... ..sa~5;.O~.~1.7U;. 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'1/le " ~ '. - f: g,. ~h g I " ; f~ o. ~ 'i ! ~ ~ ~ .,1 iil ~ ~ ~ I ~ ~'::i \fi 00 .... en ~ f"Q.- "' N 0<:: !- f ~ If a I Ii' J Pool Brothers Construction LLC WEISMAN DESIGN GROUP~ i Ma~gie's Meadow II~- r- It ~ I .! 2m IASTMAlIlSON mlET ..... !f . , ",," 11A:1i: illl2-141l b s.: ~ I" "" PH 101, fAlIOU12J7ti ~ i l> Federal Way, Washington !, ::,' IKIIllHEl'llWW.lIOGl/fC.COM ~ @ q I I I _..~..__.__.- ..,_'h._._._..____,,_._.~ _. _.~~__._.,'__..~.... . __'___..__~___.~"..._- --------- COUNCIL MEETING DATE: July 5, 2006 ITEM #: .--...---..-...----...-.-.--.-.-.--........_.___._...___._..__....__.____~.___.______~._..._....._....._...__._...__..._.______._....._._..._'.__...._...__._......~.._..__H.._._._...._.........._.._~..___._._._.............___..__......._.___h..._HH'_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Northlake Ridge Division 3 Final Plat; King County File No. L02POO 13 COMMITTEE: Land Use & Transportation Committee MEETING DATE: June 19,2006 CATEGORY: [8] Consent D Ordinance D Public Hearing D City Council Business [8] Resolution 0 Other STAFF REpORT By: Pat Simmons, Engineer DEPT: Land Use Services Division, __________.________.__._____.________.______________.______________________._________ K~gS_~!ln~pD~~____._____________ Attachments: Draft City of Federal Way resolution; King County staff report dated received June 9, 2006; King County Department of Development and Environmental Services letter dated June 9, 2006; City of Federal Way letter dated July 15,2005; June 11,2004 King county Hearing Examiner report and decision; Undated King County Examiner's summary of appeal arguments; November 16,2004 King County Hearing Examiner revised report and decision; Northlake Ridge Division 3 Final Plat map and documents pages 1-6. Note: A file with all exhibits is available in the City Council Room. Options Considered: L Adopt the recommendation; 2. Reject the recommendation; or, 3. Remand the final plat back to King County. Background: A 47 lot plat application was submitted to King County on October 29,2002 and is vested to all platting laws and regulations administered under King County's jurisdiction. The City of Federal Way annexed this area into the city's jurisdiction in January 2005. In February 2005 the City of Federal Way and King County entered into Interlocal Agreement No. AG05-29 relating to processing of vested building and land use applications. Pursuant to section 2.4 of the interlocal agreement the City of Federal Way shall be responsible for scheduling and making final decisions on these types of applications as supported by King County staff analysis set forth in King County's report and recommendation. The applicant has satisfied or guaranteed all applicable King County regulations and conditions of approval and King County Department of Development and Environmental Services is recommending approval of the final plat. ---..-..,-..---....-..-.......--..---.-.......--_._._..__._..._._....__.H....._...._..__.....__.._____._..___..__.____...__.__.._______....._.._.._H.__._...._.__.~......_......_.__._....__._....._._..__.._....____..___.___._.__.H...__.._....___.......__._.__.___ STAFF RECOMMENDATION: Approval. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Council Committee Council COMMITTEE RECOMMENDATION: I move that the Land Use and Transportation Committee forward to the City Council, and place on the July 5, 2006, City Council consent agenda, a recommendation approving the Northlake Ridge Division 3 Final Plat. Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move approval of North lake Ridge Division 3 Final Plat." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1ST reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # ------------- ------------------------- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, APPROVING THE FINAL PLAT OF NORTHLAKE RIDGE DIVISION 3, FEDERAL WAY, W ASIDNGTON, KING COUNTY FILE NO. L02POO13 WHEREAS, a 47 lot plat application was submitted to King County on October 29,2002 and is vested to all platting laws and regulations administered under King County's jurisdiction; and WHEREAS, on April 20, 2004, the King County Hearing Examiner opened a public hearing on the preliminary plat application and closed the hearing on May 25, 2004; and WHEREAS, the King County Hearing Examiner issued a report and decision on June 11, 2004 for the southern 34 lots of this plat; and WHEREAS, the applicant filed an appeal in July 2004 on the decision that two non- contiguous parcels could not be included in the same plat application; and WHEREAS, on the King County Council approved the appeal and on November 16, 2004 the King County Hearing Examiner issued a revised report and decision on the plat; and WHEREAS, the City of Federal Way annexed this area into the city's jurisdiction in January . 2005; and WHEREAS, the engineering plans were submitted to King County on November 17, 2004 and King County issued approval of the plans with the City of Federal Way's concurrence on July 22, 2005 and for construction of required improvements in August 2005; and WHEREAS, the recreation and landscaping plan was submitted to King County on January 7, 2005 and approved on March 2005; and WHEREAS, in February 2005 the City of Federal Way and King County entered into Interloca1 Agreement No. AG05-29 relating to processing of vested building and land use applications; and WHEREAS, the final plat map for Northlake Ridge Division 3 was submitted to King County pursuant to the interlocal agreement on November 1,2005; and WHEREAS, performance bonds in the amount of $430,000.00 for road and drainage improvements, $55,000.00 for landscaping and recreation improvements and $27,000.00 for street trees have been furnished to King County to guarantee completion of all required improvements within two year of the date of recording the final plat; and WHEREAS, these financial guarantees are transferable to the City of Federal Way; and WHEREAS, King County will provide onsite inspections of road and drainage work on behalf of the City of Federal Way under the terms of the interlocal agreement; and WHEREAS, the applicant has satisfied or guaranteed all applicable King County regulations and conditions of approval and King County Department of Development and Environmental Services is recommending approval of the final plat; and WHEREAS, pursuant to section 2.4 of the interlocal agreement the City of Federal Way shall be responsible for scheduling and making final decisions on these types of applications as supported by King County staff analysis set forth in King County's report and recommendation; and WHEREAS, the City of Federal Way City Council Land Useffransportation Committee considered the request and staff report for the final plat at it's June 19, 2006 meeting, and recommended approval by the full City of Federal Way City Council; and WHEREAS, the City of Federal Way City Council reviewed and considered the request and staff report for final plat during it's July 5,2006 meeting. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Northlake Ridge Division 3, King County File No. L02POO13, ------- ~--- --------- -- satisfies or guarantees all applicable regulations and conditions of approval and King County Department of Development and Environmental Services is recommending approval of the final plat. 2. Based on, inter alia, the analysis and conclusions in the staff report, which are adopted herein by reference, and on the City of Federal Way City Council's review ofthe request for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by King County 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 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 June 9, 2006 letter from James H. Sanders,P.E., Development Engineer, King County Department of Development and Environmental Services. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application ApprovaL Based upon the Findings and Conclusions contained in Section I above, the final plat of Northlake Ridge Division 3, King County File No. L02P0013, 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 in the King County Department of Records. The applicant shall pay all recording fees. -- ---- ----- -- ------------------~- Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2005. CITY OF FEDERAL WAY Mayor, Michael Park A TrEST: City Clerk, Laura Hathaway APPROVED AS TO FORM: City Attorney, Patricia A. Richardson ~--~----- - - - ----- -- FILED WIlli THE CITY CLERIC PASSED BY lliE CITY COUNCIL: RESOLUTION No: -- ____ _n_ -- ----- , Rfice'VED J8ECelM{ij) r North Lake Ridge Division 3 ~~~El~"." CITY OF ::':.:DERAL WAY hi 1 . . h' d . h . f F d 1 W . J BUtt-DING DEPT. T spat IS m an area t at was mcorporate mto t e CIty 0 e era ay m anuary 0 2005. This area also has 3 platfand one new short plat that have preliminary approval creating over 250 new home sites when completed. This plat was applied for to King County on October 29,2002. The public hearing for the plat was open on April 20, 2004 and closed May 25, 2004. King County Hearing Examiner issued a report and decision on June 11,2004 for the southern 34 lots ofthis plat. The applicant filed an appeal on July, 2004 on the decision that two non contiguous parcel can not be included in the same plat application. The King County Council approved the appeal and a revised report and decision was issued on November 16,2004 The Engineering plans were submitted to the County for approval on November 17,2004 for review and approvaL King County issue approval with the city concurrence of the July 22, 2005 and the construction of the required improvements in August, 2005 The recreation and landscaping plan was submitted on 1/7/2005 and approved on March 25,2005 The final Plat map was submitted to the county per the interlocal agreement on November 1,2005 and is nearing completion. King County DDES is recommending approval of the Plat document. REeEIVED JUN 0 9 2006 CITY OF FEDERAL WAY. BUILDING DEPT. --- ---- -- ----------- 8 King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 June 9, 2006 Kathy Mc Clung, Planning Manager 33325 8th Ave S Federal Way, WA 98001 Dear Ms. McClung: The Land Use Services Division has completed the review of the final map page and supporting documents for recording for short plats (File L02P0013 and L04S0054). This review has determined that the short plat has met all applicable regulations and conditions of approval. This agency's review was performed pursuant to the interlocal agreement between the City of Federal Way and King County. Based on that review, the County recommends the final map page mylars be approved and signed by the City, then forwarded to the Records and Elections Office to be recorded. To assist in your discretionary decision, we are forwarding a copy of the key file documents to you at this time. A performance bond in the amount of $430,000.00 has been furnished to King County to guarantee all road and drainage required improvements are completed and Landscaping and recreation Financial Guarantee of$55,000.00 and a street tree Financial Guarantee of $27,000.00 within two years of the date of recording. This financial guarantee is transferable to the City. It is our understanding King County will provide on-site inspections of road and drainage work on behalf of the City under the terms of the interlocal agreement. If you have any questions on this letter, please contact Pat Simmons at 296-6636. After obtaining the city approvals, please deliver the plat mylars together with one copy and a copy of this letter to the King County Assessors Office for processing. For information call Nimpa Gueco at 206 205-5735. At the time of recording please send a copy of the recorded short plat to Joanne Carlson in care of King County at the address above. Sincerely, James H. Sanders, P.E. Development Engineer cc: Applicant ------ ----------- ..~ Feder~1 Way :t: tDJ(P) ~ CITY HAll 33325 8th Avenue South. PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 '''7:~~fi!1!!r:>.~ i' www.cityoffederalwaycom -;, , ~ ,', f 1 July 15, 2005 I 1 ~ James Sanders King County Departt-ent of Development and Environmental Services 900 Oakesdale Avenre sw Renton, W A 98055 ' Re: Northlake Esres Division 2 ; File #02 -!OJ 122 -lJOO..OO-1 A Dear Me. Sanders: The Public Works epartment Development Services division has completed review of the roadway and dr "nage plans for the proposed Northlake Estates Division 2 project. Staff has determined that the plans conform to the requirements outlined in the Letter of Understanding dated April 7, 2004. Therefore, the City of Federal Way has no objection to the approval by ng County of the roadway and drainage plans for Northlake Estates Division 2, dated 613/05. " If you have any que~ions regarding this matter, please contact Ken Miller, P .E., Deputy Public Works Direct~r at (253) 835-271 L cc: Ken Miller, P.E. Deputy Public Works Director William Applet P.E., Development Services Manager Kevin Peterson, ngineering Plans Reviewer Mr. Mark Sumr 18215 7200 A venue South, Kent, W A 98032 Day File Patrick Briggs, ecutive Assistant, City Manager's Office Deb Barker, Pia er I 1:\csdc\docs\save\20440974076.~oc . ,- L. )0 June 1 J, 2004 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 REPORT AND DECISION SUBJECT: Department of Development and Environmental Services File No. L02POO13 '-~'--~--"~-'-'"'._,- - - eroPO~~~4 0148.-.-"--,~_..~..~,~.-..~,,..."_._.- ~....~..'.'~"" . ,-........""'"'. .'_.-...."c.,,:-cc.~',.., __.< _..~-.""...;--:-r..,.'"'-_'.,._O-.,.,..".,,~"\-7.~~_" NORTHLAKE ESTATES DIVISION 2 Preliminary Plat Application Location: South of South 328lh Street between 38th A venue South And South Military Road Applicant: GWC, Inc., represented by James Jaeger Jaeger Engineering 9419 South 204th Place Kent, Washington 9803 I Telephone: (253) 850-0934 King County: Department of Development and Environmental Services, represented by Kim Claussen 900 Oakesdale A venue Southwest Renton, Washington 98055-1219 Telephone: (206) 296-7J67 Facsimile: (206) 296-6728 SUMMARY OF DECISIONIRECOMMENDATION: Department's Preliminary Recommendation: Approve, subject to conditions Department's Final Recommendation: Approve, subject to conditions Examiner's Decision: Approve, subject to conditions EXAMINER PROCEEDINGS: Hearing Opened: April 20, 2004 Hearing Closed: May 25, 2004 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is avail.ble in the office of the King County Hearing Ex~'O py - '" .. > L02POO 13-North1ake Estates Division 2 2 FlNDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS OF FACT: 1. General Information: Applicant: GWC, Inc. Attn. Terry DeFoor 24633 NE 133rd Street Duvall, WA 98019 (206) 999-8874 -'-<,--" -.---~..~-"""""-~""'- "'" ~ . _O.".....__~"'~:,..,.E_'..."......._~.,." Engineer: Jim Jaeger Jaeger Engineering 9419 South 204th Place Kent, W A 98031 (253) 850-0934 STR: 15-21-4 Location: The site is located south of South 328tb Street, between 42nd Avenue South and South Military Road Zoning: R-4 Acreage: 8.24 acres Number of Lots: 34 lots Density: Approximately 4.39 units per acre Lot Size: Ranges from approximately 4,500 to 5,000 square feet Proposed Use: Single-family detached dwellings Sewage Disposal: Lakehaven Water Supply: Lakehaven Fire District: King County District No. 39 School District: Federal Way Complete Application Date: October 29, 2002 2. Except as modified herein, the facts set forth in the King County Land Use Services Division's preliminary report to the King County Hearing Examiner for the April 20, 2004 public hearing are found to be correct and are incorporated herein by reference. The LUSD staff recommends approval of the application, subject to conditions. 3. On October 29,2002 GWC, Inc. filed a preliminary plat application to subdivide 10.05 acres into 47 lots for single-family residential development. The preliminary plat application was comprised of two non-contiguous groups of parcels. The larger southern property constituted 8.24 acres and was proposed for development at 34 lots. Another 13 lots were proposed for plat development further north on two parcels located adjacent to and south of the intersection of South 328tb Street and 4200 Avenue South. These two northern parcels are themselves separated by the undeveloped right-of-way for 4200 A venue South. The easterly ofthetwo northern parcels is separated from the main southern complex of proposed lots by three intervening properties . .- L02POO 13-Northlake Estates Division 2 3 under unrelated ownership at a distance of about 350 feet. The westernmost of the northern two parcels lies adjacent to the northeast comer of Northlake Estates Division 1, which received preliminary approval on October 3, 2003. Northlake Estates Division 1 also lies adjacent to lot I and lots 26-44 along the western flank of the southern Division 2 property. The roadway for 420d A venue South is being constructed as a primary access to Division 1 and will serve the southern Division 2 property as well. However, the northernmost 700 feet of 4200 Avenue South has been relocated approximately 200 feet west of the original undeveloped right-of-way._ The result is that the proposed northern 13 lots of Division 2 would have its own separate access to South 328lh Street in the location where a private gravel road now exists. As proposed by the Applicant, the access road along the existing 4200 Avenue South right-of-way serving the northern tier lots would be barricaded against vehicle access north of the southern plat property. 4. At the public hearing held April 20, 2004 the Hearing Examiner expressed skepticism at the legality of approving within a single subdivision application lots platted within non-contiguous -~----'" pHtpt:;Iti&;. 'f'b~ hC-aIingwaS t'unrinued'U'1lUuwt}u:l pa~rief t-hisissueand :reF the"-..~---,~,~"_we'<" preparation by the Applicant of an alternative plat map limited to the proposed lots on the southern parcel. It was understood that submission of this revised plat map limited to the southern parcel would not operate to prejudice any future appeal of the Examiner's decision not to approve within the same application the 13 lots proposed for the northern property. 5. Although not served by a corrunon access road, the northern and southern properties proposed for development within Northlake Estates Division 2 were designed to share some facilities. Specifically, surface runoff from the northern property received a diversion variance so that it could be piped approximately 800 feet to a treatment pond located on the east side of the southern parcel adjacent to Military Road South. The Applicant also proposed to serve both northern and southern properties with a single recreation tract located at the northwest comer of the southern plat property. At such location it would have been within a 300-foot walking distance of 6 lots within the southern property and 1 lot within the northern property. But overall it would have provided a more convenient amenity for Division I. residents than for Division 2. The plat revision submitted May 13,2004 (exhibit 25) enables the recreation tract to be moved to an interior location within the southern property which places it within 300 feet of25 of the 34 lots. Also as noted by neighborhood resident Peter Poorman, the original proposed location of the recreation tract at the northwest comer of the southern property would have created an attractive evening congregation place for teenagers from outside the neighborhood due to its isolated location and lack of road frontage visibility. 6. The main southern property is characterized by a elongated wetland on the western half of the property that extends off-site to the north. Plat drainage flows from the west into the wetland, then sheet-flows overland east to Military Road. From there it travels south and further east into the Mill Creek system. The off-site downstream drainage system for the plat will require conveyance upgrades along Military Road and is subject to level 2 release requirements in order to avoid exacerbating erosion problems downstream in Mill Creek. It is expected that some roof and yard drainage from adjacent lots will be directed to the wetland in order to maintain its hydrology. 7. The traffic mitigation measures required for Northlake Estates Division 2 largely mimic the requirements placed on Division I, and it is anticipated that the principal road improvements will be constructed as a part of the Division I plat. These improvements include left and right turn lanes on Military Road at South 32Slh Street as well as an acceleration lane on Military Road northbound. Nonetheless, area residents have expressed skepticism as to whether these lane . -4 L02POO] 3-Northlake Estates Division 2 4 improvements will provide effective mitigation during rush hour conditions when left turns from South 3281b Street onto Military Road may be impeded by bumper-to-bumper traffic. According to staff, traffic warrants supporting installation of a signal at the Military Road/South 328th Street intersection have yet to be met. But the need for a signal at this location or nearby further south on Military Road appears to be an issue that will need to be addressed soon in view of the intense development activity taking place in this neighborhood. Northlake Estates Division 2 will also make a pro rata share contribution to lane and signalization improvements to relieve an Level of Service F condition at the South 320lh StreetIMilitary Road South intersection, and Division 1 will contribute to a State safety improvement project at the Weyhaeuser Way/SR 18 interchange. A LOS F condition at the South 320th Street southbound ramp to Interstate 5 also exists, but the State currently has no project to improve that facility and has requested no mitigation payments from this Applicant. 8. Neither the Applicant nor King County DDES provided detailed argument in support of their ""-~""~'c' . comention Ihat.non-cellrlguouS prope-f ti6s~IHaybt: platted. within it l>jllgi~:subdivil>iuu apptication: _,~o;;__.~~ Both pointed to a few instances where this has occurred in the past and suggested that nothing within either state subdivision law or county codes specifically prohibits the practice. Ray Florent, a licensed surveyor who supervises on behalf of DDES the final platting process, testified that while no regulatory framework exists for determining when the platting within a single subdivision on non-contiguous properties is appropriate, the rule of thumb employed by DDES was that the inclusion of separate properties within a single plat is acceptable when they are close enough together that they can be linked on the final plat through common survey controls and monumentation. CONCLUSIONS: 1. The preliminary approval conferred by this decision is limited to the 34 lots proposed on the southern 8.24 acres of the Applicant's property and is predicated on a conclusion that inclusion of non-contiguous properties into a single subdivision application is authorized neither by state law nor county codes. Turning first to the history of subdivision statutes generally, subdivision laws emerged in the 19th century in order to provide more precision to the division of large tracts of land that were typically described simply in terms of metes and bounds. See generally, Thompson on Real Property (2nd Thomas edition) voL 9, section 85.1 1 (b), page 878 (1999). As further elaborated in Powell on Real Property, "early subdivision regulations were intended to simply create an accurate public record of property boundaries as land was divided into small enough parcels that boundaries became particularly important". Powell on Real Property, voL 12, page 9-48 (2004). Based on historical practices, Powell offers the following general definition of the subdivision process: "Subdivision regulations apply to the subdivision of land. . . . A straight-forward definition of the word would be the division of a tract or parcel of land into two or more lots or parcels." Ibid, page 9-50. 2. The Washington subdivision statute set forth in RCWChapter 58.17 follows the historical format. RCW 58.17.020 (I) defines the term "subdivision" as the "division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. . ." The primary argument put forward for viewing this definition as authorizing the inclusion within a single subdivision of non-contiguous parcels relies on the fact that the ___m_ -~---~--- - ~ '-' L02POO J 3-Northlake Estates Division 2 5 word "land" can be regarded as either singular or plural. The contention is that the regulatory use of the word "land" in its plural sense is a reasonable construction of an ambiguous term and thus authorizes platting non-contiguous parcels within a single subdivision application. The problem with this argument is that any ambiguity as to whether the word "land" is intended to be used in a singular or a plural sense is clarified within the following paragraph of the statute. RCW 58.17.020 (2) defines the term "plat" as a "map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications." Since a plat is simply the map of a subdivision, the reference in the "plat" definition to the division of a "tract or parcel" in the singular implicitly rejects any argument that the earlier use of the word "land" was intended to include its plural application. Consistent with the historic understanding, RCW Chapter 58.17 contemplates within the term "subdivision" only the division ofa unitary tract or parcel ofland, - . _. ..i_ <~~..-~--.:....-_""""'-" -----.--~...:-",.:...._"_."-,-;-,,_,,,_~__~.,- ~7. The oelmitron of the lerrrf"subdivision"colltiiined within tlie King County TitIe 19 A Land Segregation ordinance follows state law in defining the term as meaning "a division or redivision ofland" (KCC 19A.040.320). This is not surprising because one of the stated purposes of the title is to "ensure consistency with Chapter 58.17 RCW" (KCC 19AOLOlO F). While the same argument can be made as to a possible generic use ofthe term "land", the overall context of the regulations governing county subdivision practices indicates a contrary conclusion. For example, subdivision applications are required to be consistent with county zoning controls, and the fundamental regulatory term "site" is defined within the Zoning Code at KCC 28.06,1170 as "a single lot, or two or more contiguous lots that are under common ownership or documented legal control, used as a single parcel for a development proposal in order to calculate compliance with the standards and regulations of this title." Similarly, the concept that a development site is a single entity is clearly expressed within the notice of application requirements stated at KCC 20.20.060, which apply to subdivisions. KCC 20.20.060 F. I provides in pertinent part as follows: "A single notice board shaH be posted for a project. This notice board shaH may also be used for the posting of the notice of decision and notice of hearing shall be placed by the applicant: a. at the mid-point of the site frontage or as otherwise directed by the department for maximum visibility; b. five feet inside the street property line except when the board is structurally attached to an existing building, but a notice board shall not be placed more than five feet from the street property without approval of the Department" Supplementing the single site and notice board terminology quoted above, subsection 20fKCC 20.20.060 F deals specifically with circumstances in which additional notice boards may be required. These exceptions are also strictly limited to problems attendant to providing notice to a single site. If it indeed were contemplated that multiple parcels could be included in a single subdivision application, this topic would have been addressed in section 2. 4. Title 19 A itself contains a number of instances which make clear that its regulatory purview is restricted to development proposals consisting of single or contiguous parcels. The graphics requirements for preliminary plat applications stated at KCC 1 9A.08. 150 B.l require submission of a map prepared by a surveyor which shows the "location of all physical and legal description . . . L02POO 13-Northlake Estates Division 2 6 encroaclunents affecting the boundary between the application site and the adjoining parcels. Encroaclunents may be from the application site onto the adjoining parcels or from the adjoining parcels onto the application site." This description is particularly compelling because it not only relates specifically to subdivision applications but also pointedly draws a distinction between the singular application site and plural adjoining parcels. Consistent with state authorization conferred at RCW Chapter 58.17, KCC Chapter 19A.20 provides for the use of binding site plans as an "alternative method for division ofland for commercial and industrial zoned property, mobile home parks, trailer parks or condominiums" (KCC 19A.20.01O A). Here we have an alternative procedure for the "division ofland" that is subject to the following specific requirement pursuantto KCC 19A.20.020 B: "The site that is subject to the binding site plan shall consist of one or more contiguous lots." Since the use of a binding site plan exists simply as a parallel method for effecting a subdivision, the specific ......"""-.". --1'"eqtiiremoot-f0r-eemi~rQYi4~~cf~lev,ant.guidance:~.al.chaIacle~.1heprocess.... c...~~,... 5. Allowing for the inclusion of non-contiguous parcels into a single subdivision application without a supporting framework of legislative authorization also creates some difficult legal and practical problems. Mostobviously, if it is acceptable to include within a single subdivision application non-contiguous properties separated by over 300 feet and 3 intervening non-related parcels, the question arises whether there can be any legally defensible spatial limits on the inclusion of non-contiguous properties into a single application. If 300 feet of separation is acceptable, why not 1,000 feet? Why not a half-mile? Why not five miles? And if two noncontiguous parcels can be conjoined in a single application, why not three? Four? Ten? While one may argue about precisely where the line should be drawn, there is clearly a point where the distance between non-contiguous parcels becomes so great or the number of conjoined separate parcels so large that their inclusion into a single subdivision application intuitively becomes absurd. But without an adopted legislative policy to guide the process, the administrative interpretation of where that line should be drawn is almost by definition arbitrary and capricious, and arguably also a denial of equal protection of the law to whichever applicant finds him or herself just outside the informally determined boundary defining an acceptable degree of non-contiguity. With recent growth management legislation making developable urban parcels more scarce with each passing day, the time may have indeed arrived when the inclusion of non-contiguous properties into a single subdivision application has become a desirable policy goal. But such decision should be made systematically and deliberately by the legislative authority subject to clearly defined regulatory limitations on its employment, not introduced haphazardly through the back door by administrative fiat. 6. A final loose end needs to be tied down with respect to the Tract F recreation area proposed within the revised plat. At 390 square feet per lot, for 34 lots the total recreation area required is 13,260 square feet. Tract F as depicted on exhibit 25 shows 12,406 square feet plus another 889 square feet for a pedestrian Tract C. The problem is that Tract C lies about 350 feet north of Tract F and has no functional relationship to it. While a trail that is a recreation amenity itself may qualify as an on-site recreation facility, and perhaps also a pedestrian path that leads to a recreation tract, we fmd nothing in KCC 21A.14.180 through 200 that justifies qualifying a completely unrelated pathway as recreational area. Therefore, Tract F will need to be revised to provide 13,260 square feet of recreational area. ---~--~ . -- . L02POO13-Northlake Estates Division 2 7 7. If approved subject to the conditions imposed below, the proposed subdivision makes appropriate provision for the public health, safety and welfare; serves the public use and interest; and meets the requirements ofRCW 58.17.110. 8. The conditions of approval imposed herein, including dedications and easements, will provide improvements that promote legitimate public purposes, are necessary to serve the subdivision and are proportional to its impacts; are required to make the, proposed plat reasonably compatible with the environment; and will carry out applicable state laws and regulations and the laws, policies and objectives of King County. DECISION: The preliminary plat application for Northlake Estates Division 2, as revised and received for 34 lots on May 13, 2004, is APPROVED, subject to the following conditions of final plat a,eprovaI: . - ~. .~,,-,'.",,',-.,....~--:;..~ .-._- :~~',,,,---"'-.>.__ u.... . _ L Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. The plat shall 'comply with the base density and minimum density requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. The ?:~:". applicant shall provide the TOR certificates prior to engineering plan approval and final plat. In the event the TOR certificate is not provided, the densitylnumber of lots shall be decreased accordingly. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 5. The applicant must obtain the approval of the King County Fire Protection Engineer certifying the adequacy of the fire hydrant, water main, and fire flow to meet the standards of Chapter 17.08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or locationoflots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and fmal review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. . , ~ L02POO 13-Northlake Estates Division 2 8 b. Current standard plan notes and ESC notes, as established by DDES Engineering Review shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designed for individual lot infiltration systems, the systems shall be constructed at the '~~~'''~~'-~''---timevfi,uildin81'c.lmit and shall eomply-with-phms;m-tffe:-u .,......_.",._~~.."._."'. .. ..... .~,,~.. 7. A drainage adjustment (L03V0038) is approved for this site. All conditions of approval for this adjustment shall be met prior to engineering plan approval. This drainage adjustment approval shall remain valid for the future conveyance of flows from tax lots 203 and 0581 to the Tract A drainage facility at such time as these tax lots receive preliminary plat approval. 8. The storm water detention facility shall be designed at a minimum to meet the Level 2 Flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual (KCSWDM). 9. The 100-year floodplain for all onsite wetlands or streams shall be shown on the engineering plans and the final recorded plat per Special Requirement #2 in the KCSWDM. An analysis shall be provided with the engineering plans for an overflow provision from the onsite wetland; an overflow provision shall be provided as needed. 10. The following road improvements are required to be constructed according to the 1993 King county Road Standards(KCRS): a. Roads A and B shall be improved at a minimum to the urban subaccess street standard; with a temporary turnaround provided at the north end of Road B. b. The frontage along 42nd Ave South up to the northern line of lot 31 shall be improved to the urban neighborhood collector standard; unless already constructed by others. Note that this improvement is also a requirement for Northlake Estates Div I (L02POOO I). c. The S 3281h St channelization/left turn lane on S 328th St and the channelization/left turn lanes on Military Rd (engineering plan L04SR006 for Northlake Est. Div. I) shall be completed with this development unless already constructed with Div. I. d. The plat frontage along S. Military Road shall be improved at a minimum to the urban principal arterial street standard. Twenty feet of additional R/W shall be provided along the frontage. A RIW radius shall be provided at the southwest quadrant of the S 328th StlMilitary Road intersection. A minimum 8-foot wide paved shoulder shall be provided on the west side of Military Road between the northern plat property line and South 2381h Street. ..., L02P0013-Northlake Estates Division 2 9 e. Tracts P, E and the tract serving lots 33-34 shall.be improved as joint use driveways per Section 3.01 of the KCRS. Lots 27 thru 32 shall also be served by joint use driveways. These tracts and joint use driveways shall be owned and maintained by the owners of the lots served. Notes to such effect shall be included on the engineering plans and the final recorded plat. f. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KeRS. 11. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 12. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by ~..~..u-tlIC appli{;abl~ fCt;. urdinaIICtl'. 'ftre appticm1i1laslhe option to etther: (I) paylne MPSlee at fiiial-"" ..~. plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 13. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected " immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 14. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Permanent survey marking, and signs as specified in KCC 2IA.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 15. Preliminary plat review has identified the following specific sensitive areas requirements which apply to this project. All other applicable requirements from KCC 21 A.24 shall also be addressed by the applicant. Wetlands a. Class 2 wetland(s) shall have a minimum buffer of 50 feet, measured from the wetland edge. b. The wetland(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). c. Buffer averaging may be proposed pursuant to KCC 2IA.24.320, provided the total amount of the buffer area is not reduced and better resource protection is achieved, subject to review and approval by a DDES Senior Ecologist. -~ ______u______ L02POO13-Northlake Estates Division 2 12 20. The following conditions have been established pursuant to SEP A authority as necessary requirements to mitigate the adverse environmental impacts of this development. The applicant shall demonstrate compliance with these items prior to final approval: a. A 4-foot high split rail fence and signs shall be located along the outer boundary of the wetland buffers (i.e. Sensitive Area Tracts). The fencing and sign details shall be shown on the final engineering plans. Sensitive area signs shall be installed on the fence at 100- foot intervals or as appropriate. The fencing and signs shall be maintained by the abutting lot owners and/or Homeowner's Association as identified on the face ofthe final plat. b. Prior to final plat approval, the applicant shall pay King County Dept. of Transportation (KCDOT) a pro-rata share of the cost of improvements under Countywide Capital Improvement Project No. C743 12. The amount of this pro-rata payment shall be $820.00 ..~-""'""" ~-~"~-~-~-is based u~orthIake-Estates-Biv:-1'l'roieet-<s'C3ieuiated O.51.~~.shMe of-tbe~~'"'-''~~''''''' traffic volumes at South 320th Street/Military Road South intersection at full build out and KCDOT's estimated cost of $162,000 for such project. Countywide improvement project C743 12 will provide for a) upgrading the traffic signal system to full quad/eight phase operation and b) extension of the southbound left turn lane at the north leg of the intersection of South 320lh Street and Military Road South. (King County Comprehensive Plan Policies T-215, T-303, T-305, T-306, T-307, T-309) 21. An easement for public use shall be provided over the pedestrian access tract. This shall be shown on the engineering plans and final plat. This tract shall be owned and maintained by the HOA. 22. Location of existing wells and associated well radii, if any, located on tax lot 154 shall be shown on the engineering plans and final plat. This may result in the reconfiguration and/or loss of lots. ORDERED this II th day of June, 2004. TRANSMITTED this 11th day of June, 2004, to the parties and interested persons of record: Clark Casperson Robert Castona Terry DeFoor P.O. Box 2521 PO Box 2727 GWC, Inc. Auburn WA 98071 Belfair W A 98528 24633 NE 133rd Sl Duvall WA 98019 Charles Gibson Richard Hawley Skip Holman 33461 - 33rd PI. S. 33071 Military Rd. S. Quadrant Corp. Auburn WA 98001 Auburn WA 98001 PO Box 130 Bellevue WA 98009 James Jaeger Norm & Lois Kutscha Gerald Marie Jaeger Engineering 33021 38th Avenue S. 33049 Military Rd. S. 9419 South 204th PI. Auburn WA 98001 Auburn WA 98001 Kent WA 98031 -- - ------- , .. L02POO 13-Northlake Estates Division 2 13 McAndrews Group Patricia Ann McDowell James & Simone Perry 914-1401h Avenue NE. Suite #100 33220 Military Rd. S. 33030 - 38th Ave. S. Bellevue W A 98005 . Auburn WA 98001 Auburn VVA 98001 Peter Poonnan Seattle KC Health Oept Troy & Paewen Taylor 32818 - 42nd Ave. S. E. Dist Environ. Health 5119 - 9th Ave. NVV Auburn VVA 98001 14350 SE Eastgate Way Seattle WA 98107 Bellevue WA 98007 Greg Borba Kim Claussen Nick Gillen DDES/LUSD ODES/lUSD DDES/LUSD MS OAK-DE-0100 Current Planning Site Development Services MS OAK-DE-Ol00 MS OAK-DE-0100 Kristen Langley Carol Rogers Steve Townsend ODES/LUSD ODES/LUSD DDES/lUSO land Use Traffic MS OAK-DE-0100 e_e__~_~.._.__.._~~~ctioU~_~._.__.."_~.,, ... ,,~~-_.~ . . 'JlJS OAK-DE::Olij{J' ... . ...... . MS . OAK~DE~0100 larry West Bruce Whittaker Darren Carnell DDES/LUSD DDES/lUSD PAO Office Goo Review Pre!. Review Engineer MS KCC-PA-0550 MS OAK-DE-0100 MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or before June 25, 2004. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifYing the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before July 2, 2004. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 3rd Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the CounciL MINUTES OF TIlE APRIL 20 AND MAY 25, 2004, PUBLIC HEARINGS ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L02POO13. Stafford L. Smith was the Hearing Examiner in this matter. Participating in the hearings were Kim Claussen, Bruce Whittaker, Ray Florent and Kristin Langley, representing the Department; and James Jaeger, representing the Applicant; and Martha Hawley, Gerald Marie, PeterPoonnan and Robert Castona. - --~ " '" L02P0013-Northlake Estates Division 2 14 The following exhibits were offered and entered into the record on April 20, 2004: Exhibit No. 1 DDES file no. L02POO13 Exhibit No.2 DDES preliminary report for the April 20, 2004 hearing Exhibit No. 3 Application for land use permits dated June 21, 2002 Exhibit No.4 Environmental checklist dated June 21, 2002 Exhibit No. 5 SEPA Mitigated Determination of Non-significance dated March 19,2004 Exhibit No. 6 Affidavit of posting indicating a posting date of February 20,2004, and DDES receipt on March 5, 2004 Exhibit No. 7 Plat map (revised), received March 4, 2004, Exhibit No. 8 GIS neighborhood map Exhibit No. 9 Assessors maps (4), NW/SWINE/SE 15-21-04 Exhibit No. 10 Level I Drainage Analysis by Jaeger Engineering received June 21, 2002 "EXJiib1t' N6~n-wa1andl!va1uadbn & ~in~l'l7Wtltltifefl~ualiUIi attdBufftl". :.---'"'"-_.~.. Establishment Plan by Habitat Technologies, dated March 1, 2003 Exhibit No. 12 Traffic Impact Analysis by Gibson Traffic Consultants, dated April, 2002 Exhibit No. 13 City of Federal Way letters: a) 10/14/03 and b) 08/01/02 Exhibit No. 14 Memo from Gibson Traffic Consultants dated 3/17103 Exhibit No. 15 Letters from Peter Poorman: a) received 4/02/04 and b) dated 11/30/02 Exhibit No. 16 Letter from Richard & Martha Hawley dated January 30, 2003 Exhibit No. 17 Conceptual drainage plan received 03103/03 Exhibit No. 18 Conceptual intersection plan received 03/03/03 Exhibit No. 19 Conceptual recreation space plan received 03/03/03 Exhibit No. 20 KC SWDM adjustment request for file no. L03Y0038, dated 11/06/03 Exhibit No. 21 Road variance L02V0071 for file no. L02P0001, dated 04/21/03 Exhibit No. 22 Additional conditions of plat approval nos. 21 and 22 The following exhibits were offered and entered into the record on May 25,2004: Exhibit No. 23 Letter to the Hearing Examiner from James Handmacher dated May 3, 2004 Exhibit No. 24 Memorandum to the Hearing Examiner from Joe Miles dated May 4, 2004 Exhibit No. 25 Plat Map Revision Exhibit No. 26 Statement from Ray Florent Exhibit No. 27 Revised recommendations from DDES SLS:gao L02POO 13 RPT _g,~,'i!"r -~~='''''='''----'-'''_-'l1~'''i~~~~i~gfuJ__"""",,,,,_, .r .r' / I EXAMINER'S SUMMARY OF APPEAL ARGUMENTS I RE: Department of Development and Environmental Services I File No. L02POO 13 Proposed Ordinance No. 2004-0418 NORTHLAKE ESTATES DIVISION 2 Proposed Plat 1. Examiner: Stafford L Smith 2. Parties to the Appeal: Appellant: James Jaeger representing GWC, Inc., the applicant Resoondent: Peter Poonnan 3. Location: South of South 328th Street between 38th Avenue South and South Military Road 4. Issues on Appeal: I A. Do the state subdivision statute (RCW Chapter 58.17) and the county subdivision regulations (KCC Title 19 A) authorize the inclusion of non-contiguous parcels within a single I subdivision application? 5. Appellant's Arguments: I A. The regulatory definitions relied upon in the hearing examiner's decision are subjective and capable of conflicting interpretations. B. DDES supports the inclusion of non-contiguous parcels into a single subdivision application. Two prior subdivisions have been identified in which the county approved non-contiguous parcels within a single application. I C. Requiring a second subdivision application to be submitted for the northern parcel would I result in additional time and expense for the applicant. 6. Respondent's Arguments: A. The appeal should be denied because it creates an increase in density that imposes adverse impacts onto neighboring residential properties. 7. Examiner's Recommendation: No change from June J J, 2004, report and decision. This appeal raises a fundamental question of legal interpretation that will create an important precedent for the future processing of subdivision applications. 4 ----~ . , ~. . November 16, 2004 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 REVISED REPORT AND DECISION SUBJECT: Department of Development and Environmental ServicesFil~ No. L02P~013 ,......."...',...,...-".. ~~"'--'~Propo-sed()rdlOanceNo. 2004-0148 ...... ". . .-,...---~ --_."".,.,,-,' h....~~_" NORTHLAKE ESTATES DIVISION 2 Preliminary Plat Application Location: South of South 328lh Street between 38th Avenue South And South Military Road Applicant: GWC, Inc., represented by James Jaeger Jaeger Engineering 9419 South 204th Place Kent, Washington 98031 Telephone: (253) 850-0934 King County: Department of Development and Environmental Services, represented by Kim Claussen 900 Oakesdale A venue Southwest Renton, Washington 98055-1219 Telephone: (206) 296-7167 Facsimile: (206) 296-6728 SUMMARY OF DECISIONIRECOMMENDATION: Department's Preliminary Recommendation: Approve, subject to conditions Department's Final Recommendation: Approve, subject to cOIiditions Examiner's Decision: Approve, subject to conditions EXAMINER PROCEEDINGS: Hearing Opened: April 20, 2004 Hearing Closed: May 25, 2004 The report originally issued by the Hearing Examiner on June 11, 2004 has been revised consistent wJth the terms of the appeal decision adopted by the King County Council on October 11,2004. COpy _.._._n____ . .( L02P0013-Northlake Estates Division 2 2 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS OF FACT: 1. General Information: Applicant: GWC, Inc. Attn. Terry DeFoor 24633 NE 133rd Street ~,""'~2" . DUVllll,--W A9S01' . "---,..".,...,.""""'".............~"'.,-,-", ,-"-",,,,.,..~,,,--. (206) 999-8874 Engineer: Jim Jaeger Jaeger Engineering 9419 South 204th Place Kent, W A 98031 (253) 850-0934 STR: 15-21-4 Location: The site is located south of South 328th Street, between 42nd Avenue South and South Military Road Zoning: R-4 Acreage: 8.24 acres Number of Lots: 34 lots Density: Approximately 4.39 units per acre Lot Size: Ranges from approximately 4,500 to 5,000 square feet Proposed Use: Single-family detached dwellings Sewage Disposal: Lakehaven Water Supply: Lakehaven Fire District: King County District No. 39 School District: Federal Way Complete Application Date: October 29, 2002 2. Except as modified herein. the facts set forth in the King County Land Use Services Division's preliminary report to the King County Hearing Examiner for the April 20, 2004 public hearing are found to be correct and are incorporated herein by reference. The LUSD staff recommends approval of the application, subject to conditions. 3. On October 29. 2002 GWC, Inc. filed a preliminary plat application to subdivide 10.05 acres into 47 lots for single-family residential development. The preliminary plat application was comprised of two non-contiguous groups of parcels. The larger southern property constituted 8.24 acres and was proposed for development at 34 lots. Another 13 lots were proposed for plat development further north on two parcels located adjacent to and south of the intersection of South 328!h Street and 42nd A venue South. These two northern parcels are themselves separated ----_..~ -----.---- . ;.. , L02POO 13-Northlake Estates Division 2 3 by the undeveloped right-of-way for 42nd A venue South. The easterly of the two northern parcels is separated from the main southern complex of proposed lots by three intervening properties under unrelated ownership at a distance of about 350 feet. The westernmost of the northern two parcels lies adjacent to the northeast comer of North lake Estates Division 1, which received preliminary approval on October 3,2003. Northlake Estates Division I also lies adjacent to lot 1 and lots 26-44 along the western flank of the southern Division 2 property. The roadway for 42nd A venue South is being constructed as a primary access to Division I and will serve the southern Division 2 property aswelL However, the northernmost 700 feet of 42nd Avenue South has been relocated approximately 200 feet west of the original undeveloped right-of-way. The result is that the proposed northern 13 lots of Division 2 would have its own separate access to South 328th Street in the location where a private gravel road now exists. As proposed by the Applicant, the access road along the existing 42nd Avenue South right-of-way serving the northern tier lots would be barricaded against vehicle access north of the southern plat property. .~>'~=-' """"""-"'ti'\..~"""""""'_"'>. "" """" -~~~"""'""'''''''''----_.~''<'''''~-'''-'''~Y',,,';,'''~''''''':,',,",-;,,-''~'''''....,'",_,.-, ---,--.- 4. At the public hearing held April 20, 2004 the Hearing Examiner expressed skepticism at the legality of approving within a single subdivision application lots platted within non-contiguous properties. The hearing was continued to allow the parties to brief this issue and for the preparation by the Applicant of an alternative plat map limited to the proposed lots on the southern parcel. It Was understood that submission of this revised plat map limited to the southern parcel would not operate to prejudice any future appeal of the Examiner's decision not to approve within the same application the 13 lots proposed for the northern property. 5. Although not served by a common access road, the northern and southern properties proposed for development within Northlake Estates Division 2 were designed to share some facilities. Specifically, surface runoff from the northern property received a diversion variance so that it could be piped approximately 800 feet to a treatment pond located on the east side of the southern parcel adjacent to Military Road South. The Applicant also proposes to serve both northern and southern properties with a single 15,208 square foot recreation tract located at the northwest comer of the southern plat property. At such location it will be within a 300-foot walking distance of 6 lots within the southern property and 1 lot within the northern property. Overall it provides a more convenient amenity for Division I residents than for Division 2. As noted by neighborhood resident Peter Poorman, the proposed location of the recreation tract at the northwest comer of the southern property creates an attractive evening congregation place for teenagers from outside the neighborhood due to its isolated location and lack of road frontage visibility. 6. The main southern property is characterized by a elongated wetland on the western half of the property that extends off-site to the north. Plat drainage flows from the west into the wetland, then sheet-flows overland east to Military Road. From there it travels south and further east into the Mill Creek system. The off-site downstream drainage system for the plat will require conveyance upgrades along Military Road and is subject to level 2 release requirements in order to avoid exacerbating erosion problems downstream in Mill Creek. It is expected that some roof and yard drainage from adjacent lots will be directed to the wetland in order to maintain its hydrology. 7. The traffic mitigation measures required for Northlake Estates Division 2 largely mimic the requirements placed on Division 1, and it is anticipated that the principal road improvements will be constructed as a part of the Division I plat. These improvements include left and right turn lanes on Military Road at South 32Sth Street as well as an acceleration lane on Military Road northbound. Nonetheless, area residents have expressed skepticism as to whether these lane -- - -~_._-----~ , .:t L02P0013-Northlake Estates Division 2 4 impro.vements will pro.vide effective mitigati'On during rush ho.ur co.nditi'Ons when left turns fro.m S'Outh 328th Street 'Ont'O Military Ro.ad may be impeded by bumper-to.-bumper traffic. Acco.rding to. staff, traffic warrants supporting installation of a signal at the Military Road/South 328tb Street intersectio.n have yet to. be met But the need fo.r a signal at this lo.catio.n o.r nearby further so.uth on Military Ro.ad appears to. be an issue that will need to. be addressed s'O'On in view o.f the intense devel'Opment activity taking place in this neighb'Orhood. No.rthlake Estates Divisio.n 2 will als'O make a pro. rata share co.ntributio.n t'O lane and signalizatio.n improvements to. relieve an Level o.f Service F canditio.n at the Sauth 320th StreetJMilitary Raad So.uth intersectio.n, and Divisio.n I will c'Ontribute to. a State safety impro.vement pr'Oject at the Weyhaeuser Way/SR 18 interchange. A LOS F co.nditi'On at the So.uth 320th Street s'Outhbaund ramp to. Interstate 5 also. exists, but the State currently has no. pro.ject t'O imprave that facility and has requested no. mitigatio.n payments fram this Applicant. -'~~:-='<'~entfe Applicant nor ~o~1'fOVtded11etatted-argumentilrsupport'uftheir"~" co.ntentio.n that n'On-contigu'Ous properties may be platted within a single subdivisi'On application. Bo.th P'Ointed to a few instances where this has o.ccurred in the past and suggested that n'Othing within either state subdivision law 'Or co.unty c'Odes specifically prahibits the practice. Ray Flo.rent, a licensed surveyo.r who. supervises o.n behalf 'OfDDES the final platting pr'Ocess, testified that while n'O regulat'Ory framew'Ork exists for determining when the platting within a single subdivisio.n 'On no.n-co.ntiguous pro.perties is appr'Opriate, the rule 'Of thumb emplo.yed by DDES was that the inclusi'On o.f separate properties within a single plat is acceptable when they are cl'Ose en'Ough to.gether that they can be linked 'On the final plat thro.ugh c'Ommo.n survey co.ntr'Ols and m'Onumentatio.n. CONCLUSIONS: L The preliminary appro.val c'Onferred by this decisi'On is limited t'O the 34 l'Ots pr'OP'Osed 'On the I s'Outhern 8.24 acres afthe Applicant's pr'Operty and is predicated 'On a c'Onclusi'On that inclusi'On 'Of I n'On-c'Ontiguo.us properties int'O a single subdivision applicati'On is authorized neither by state law I n'Or c'Ounty c'Odes. Turning first t'O the histary 'Of subdivisio.n statutes generally, subdivisio.n laws emerged in the 19th century in order t'O pro.vide m'Ore precisi'On to. the divisi'On oflarge tracts 'Of I land that were typically described simply in terms 'Of metes and bo.unds. See generally, I Thompson on Real Property (2nd Tho.mas editio.n) vol. 9, secti'On 85.11(b), page 878 (1999). As further elaborated in Powell on Real Property, "early subdivisi'On regulatians were intended to. simply create an accurate public rec'Ord o.f pr'Operty bo.undaries as land was divided int'O small enaugh parcels that bo.undaries became particularly impo.rtant". Powell on Real Property, Vo.l. 12, page 9-48 (2004). Based o.n histo.rical practices, Powell 'Offers the f'Ollo.wing general definiti'On o.f the subdivisio.n pr'Ocess: "Subdivisio.n regulati'Ons apply to. the subdivisian 'Ofland . . . . A straight-f'Orward definiti'On 'Of the wo.rd W'Ould be the divisio.n'Of a tract 'Or parcel o.f land into two. 'Or mare lots 'Or parcels." Ibid, page 9-50. 2. The Washingto.n subdivisio.n statute set farth in RCWChapter 58.17 fo.ll'OWS the historical fo.rmat. RCW 58.17.020 (1) defines the term "subdivision" as the "divisi'On o.r redivision o.fland into. five o.r mo.re Io.ts,tracts, parcels, sites 'Or divisi'Ons f'Or the purp'Ose o.f sale, lease, 'Or transfer 'Of awnership. .." The primary argument put fo.rward fo.r viewing this definitian as autho.rizing the inclusi'On within a single subdivision o.f no.n-c'Ontiguo.us parcels relies 'On the fact that the ward ------- -- , \../ . L02POOl3~Northlake Estates Division 2 5 "land" can be regarded as either singular or plural. The contention is that the regulatory use of the word "land" in its plural sense is a reasonable construction of an ambiguous term and thus authorizes platting non-contiguous parcels within a single subdivision application. The problem with this argument is that any ambiguity as to whether the word "land" is intended to be used in a singular or a plural sense is clarified within the following paragraph of the statute. RCW 58.17.020 (2) defines the term "plat" as a "map or representation of a subdivision, showing thereon the division of a tract or parcel ofland into lots, blocks, streets and alleys or other divisions and dedications." Since a plat is simply the map of a subdivision, the reference in the "plat" definition to the division of a "tract or parcel" in the singular implicitly rejects any argument that the earlier use of the word "land" was intended to include its plural application. Consistent with the historic understanding, RCW Chapter 58.17 contemplates within the term "subdivision" only the division of a unitary tract or parcel of land. ~'-'-"""-"-:r~'- The aefinition of ffi-e-tenn nsubdivision" contalnedwitliTii'theIGhgC6uritY- Title '19Al,3fid' .~,-, "",.",,,,,,,,,,,',,,,,,,,,",z. Segregation ordinance follows state law in defining the tenn as meaning "a division or redivision ofland" (KCC 19A.040.320). This is not surprising because one ofthe stated purposes of the title is to "ensure consistency with Chapter 58.17 RCW" (KCC 19A.01.010 F). While the same argument can be made as to a possible generic use of the term "land", the overall context of the regulations governing county subdivision practices indicates a contrary conclusion. For example, subdivision applications are required to be consistent with county zoning controls, and the fundamental regulatory term "site" is defined within the Zoning Code at KCC 28.06.1170 as "a single lot, or two or more contiguous lotsthat are under common ownership or documented legal control, used as a single parcel for a development proposal in order to calculate compliance with the standards and regulations of this title." Similarly, the concept that a development site is a single entity is clearly expressed within the notice of application requirements stated at KCC 20.20.060, which apply to subdivisions. KCC 20.20.060 F. I provides in pertinent part as follows: "A single notice board shall be posted for a project. This notice board shall may also be used for the posting of the notice of decision and notice of hearing shall be placed by the applicant: a. at the mid-point ofthe site frontage or as otherwise directed by the department for maximum visibility; b. five feet inside the street property line except when the board is structurally attached to an existing building, but a notice board shall not be placed more than five feet from the street property without approval of the Department" Supplementing the single site and notice board terminology quoted above, subsection 2 ofKCC 20.20.060 F deals specifically with circumstances in which additional notice boards may be required. These exceptions' are also strictly limited to problems attendant to providing notice to a single site. If it indeed were contemplated that multiple parcels could be included in a single subdivision application, this topic would have been addressed in section 2. 4. Title 19A itself contains a number of instances which make clear that its regulatory purview is restricted to development proposals consisting of single or contiguous parcels. The graphics requirements for preliminary plat applications stated at KCC 19A.08.150 B.I require submission of a map prepared by a surveyor which shows the "location of all physical and legal description encroachments affecting the boundary between the application site and the adjoining parcels. " t L02P0013-Northlake Estates Division 2 6 Encroachments may be from the application site onto the adjoining parcels or from the adjoining parcels onto the application site." This description is particularly compelling because it not only relates specifically to subdivision applications but also pointedly draws a distinction between the singular application site and plural adjoining parcels. Consistent with state authorization conferred at RCW Chapter 58.17, KCC Chapter 19 A.20 provides for the use of binding site plans as an "alternative method for division ofland for commercial and industrial zoned property, mobile home parks, trailer parks or condominiums" (KCC 19A.20.0 lOA). Here we have an alternative procedure for the "division ofland" that is subject to the following specific requirement pursuant to KCC 19A.20.020 B: "The site that is subject to the binding site plan shall consist of one or more contiguous lots." Since the use of a binding site plan exists simply as a parallel method for effecting a subdivision, the specific requirement for contiguity provides relevant guidance as to the general character of the process. _._,..-",.......... ~- -,. =.~~-~-,....,.~~_..,,,.,._-'-~:;_.?>...,~.__.....__. .._z_,~.~._"'''.'.7:,.,_...,..".~.__.'''_,_,.,~'''~_~~,.,.._~_, 5. Allowing for the inclusion of non-contiguous parcels into a single subdivision application without a supporting framework of legislative authorization also creates some difficult legal and practical problems. Most obviously, if it is acceptableto include within a single subdivision application . non-contiguous properties separated by over 300 feet and 3 intervening non-related parcels, the question arises whether there can be any legally defensible spatial limits on the inclusion of non- contiguous properties into a single application. If 300 feet of separation is acceptable, why not 1,000 feet? Why not a half-mile? Why not five miles? And if two noncontiguous parcels can be conjoined in a single application, why not three? Four? Ten? While one may argue about precisely where the line should be drawn, there is clearly a point where the distance between non-contiguous parcels becomes so great or the number of conjoined separate parcels so large that their inclusion into a single subdivision application intuitively becomes absurd. But without an adopted legislative policy to guide the process, the administrative interpretation of where that line should be drawn is almost by definition arbitrary and capricious, and arguably also a denial of equal protection of the law to whichever applicant finds him or herself just outside the informally determined boundary defining an acceptable degree of non-contiguity. With recent gro:wth management legislation making developable urban parcels more scarce with each passing day, the time may have indeed arrived when the inclusion of non-contiguous properties into a single subdivision application has become a desirable policy goal. But such decision should be made systematically and deliberately by the legislative authority subject to clearly defined regulatory limitations on its employment, not introduced haphazardly through the back door by administrative fiat. 6. Even though it is clear under applicable state and local regulations that no legal authorization for the combination of non-contiguous parcels into a single plat application presently exists, in this instance there are extenuating circumstances that warrant permitting the original 47 lot application for Northlake Estates Division 2 to be approved. Divisions 1 and 2 are inter-related parts of a single overall development plan. They share a common access road system and are subject to the same traffic impact mitigation requirements. . Both segments of the proposed Division 2 plat are connected to Division 1, so the overall development demonstrates the requisite contiguity even if the later application by itself does not. It is clear from the record that both the Applicant and DOES staff reviewed Divisions 1 and 2 as an integrated project, and the collective impacts of the two inter-related proposals were adequately addressed. Thus, although the requirement for parcel contiguity within a single plat application needs to be recognized and upheld pending future enactment oflegislation authorizing departure from this principle, in this instance withholding approval from the northern 13 lots of North lake Estates Division 2 would , } . L02POOI3-Northlake Estates Division 2 7 serve no compelling public purpose and would impose a hardship on an applicant who has conscientiously attempted to conform to the County's review procedures. Northlake Estates Division 2 should therefore be approved as originally submitted for 47 lots. 7. Finally, at 390 square feet per lot, the recreation space requirement for a 47 lot plat totals 18,330 square feet. The 15,208 square foot tract H does not satisfy the standards stated at KCC 21A.14.180. Pedestrian trails or pathways may qualify under appropriate circumstances as recreation area only if they provide direct access to recreation facilities. 8. If approved subject to the conditions imposed below, the proposed subdivision makes appropriate provision for the public health, safety and welfare; serVes the public use and interest; and meets the requirements of RCW 58.17.110. -~,~ . g-.'~ - "._"~'_-=~" _'__.. ',m ."':'~-"~~:"": ... ':. _ .~_': .. ",_.- ,.."._~,~_,,_,:,~,,";'K'_.'~:~_._.,_,.,.. _ ,_",'-._ '""",,"~~-~..'~_""_"".~~"'_"_'_' "Tlie cunuitmns nfapprovaJimposed lieiein:IiiClUillrig ded'iCaitons and easements: will provide improvements that promote legitimate public purposes, are necessary to serve the subdivision and are proportional to its impacts; are required to make the proposed plat reasonably compatible with the environment; and will carry out applicable state laws and regulations and the laws, policies and objectives of King County. DECISION: The 47 lot preliminary plat application for Northlake Estates Division 2, as revised and received on March 4,2004, is APPROVED, subject to the following conditions of final plat approval: . 1. Compliance with all platting provisions of Title 19A of the King County Code. ,-, 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification. AIJ lots shalJ meet the minimum dimensional requirements of the R-4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. The applicant shall provide the TDR certificates prior to engineering plan approval and final plat. In the event the TDR certificate is not provided, the density/number oflots shall be decreased accordingly. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 5. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04~ Compliance may result in reducing the number and/or location oflots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other -, , L02POO 13-Northlake Estates Division 2 8 applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DOES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DOES Engineering Review shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on .".,~.~,.,. '~~.e'~'~'~"--"tfte .approvedeonsuucllon drawings #-"-~~-~~----oft'1'i1e-wtth OOI!San6!or1he"King"""--" County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designed for individual lot infiltration systems, the systems shall be constructed at the time of building permit and shall comply with plans on file." 7. A drainage adjustment (L03V0038) is approved for this site. All conditions of approval for this adjustment shall be met prior to engineering plan approval. 8. The stormwater detention facility shall be designed at a minimum to meet the Level 2 Flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual (KCSWDM). 9. The 100-year floodplain for all onsite wetlands or streams shall be shown on the engineering plans and the final recorded plat per Special Requirement #2 in the KCSWDM. An analysis shall be provided with the engineering plans for an overflow provision from the onsite wetland; an overflow provision shall be provided as needed. 10. The following road improvements are required to be constructed according to the 1993 King county Road Standards(KCRS): a. Roads A and B shall be improved at a minimum to the urban subaccess street standard, with a temporary turnaround provided at the north end of Road B. b. The frontage along 42nd Ave S (adjoining Lots 1 and 28 thru 34) shall be improved to the urban neighborhood collector standard, unless already constructed by others. Note that this improvement is also a requirement for Northlake Estates Div 1 (L02POOO 1). c. 42nd Ave S(from 8 328th 8t. to the south line of Lot 35) shall be improved at a minimum to the full width urban subaccess street standard. R/W radii shall be provided at the 8 328th St/ 42nd Ave S intersection. 42nd Ave 8 from the south line of Lot 35 to the south line of Lot 46 shall be improved at a minimum to the urban Y2-street standard with a temporary turnaround at the south end. d. The frontage along 8 328th St. shall be improved at a minimum to the urban neighborhood collector street standard. The S 328th St channelization/left turn lane on S 328th St and the channelization/left turn lanes on Military Rd (engineering plan L048R006 for Northlake Est. Div, I) shall be completed with this development unless already constructed with Div. 1. --- ---- , . . L02POO 13-Northlake Estates Division 2 9 e. The plat frontage along S. Military Road shall be improved at a minimum to the urban principal arterial street standard. A minimum 8 foot wide paved shoulder shall be provided on the west side of Military Rd between the northern property line of the southern parcel and S. 238lh Street. Twenty feet of additional R/W shall be provided along the frontage. A R/W radius shall be provided at the southwest quadrant of the S 328th St/Military Road intersection. f. Tracts D, E and G shall be improved as joint use driveways per Section 3.01 of the KCRS. Lots 29 thru 34 shall also be served by joint use driveways. These tracts shall be owned and maintained by- the owners ofthe lots served. Notes to this effect shall be included on the engineering plans and the final recorded plat. g. TractF shall be improved as a private access tract per Section 2.09 of the KCRS. This tract shall be owned and maintained by the owners of the lots served. Notes to this effect shall be included on the engineering plans and the final recorded plat. ~-'''.''''''- ~ n. .- ModificatIOns to the above roa(J c(}hGitions may be consideted'kcc()rding to-ihevari;rlce'-'"'' provisions in Section 1.08 of the KCRS. 11. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 12. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 13. Lots within this subdivision are subject to King County Code 2IA.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 14. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 2IA.24. Permanent survey marking, and signs as specified in KCC 2IA.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 15. Preliminary plat review has identified the following specific sensitive areas requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. Wetlands a. Class 2 wetland(s) shall have a minimum buffer of 50 feet, measured from the wetland edge. -- ., <- L02POO 13-Northlake Estates Division 2 10 b. The wetland(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). c. Buffer averaging may be proposed, pursuant to KCC 2IA.24.320,-provided the total amount of the buffer area is not reduced and better resource protect-tion is achieved, subject to review and approval by a DOES Senior Ecologist d. A minimum building setback line of 15 feet shall be required from the edge of the tract Alterations to Streams or Wetlands e. If alterations of streams and/or wetlands are approved in conformance with KCC 21A.24, then a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or ,~',""",-,-,=,"""~~,___"_~___."""..""";=,-,,,,,~__..c,,,,,,,,,,,..,,.,_,,; _ other financial guarantee will be required at the time of plan approval, to guarantee that the mffiga.tionmeasures are Installed accordingto1nFi;fari:"1JDce'ffie-imtigatton'worK IS" ~<~~~._- completed to a DOES Senior Ecologist's satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. 16. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf ofthe public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. 17. Suitable recreation space consisting of 18,330 square feet shall be provided consistent with the requirements ofKCC 2IA.14.180 and KCC 21A.l4.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). Trails or pathways shall not be credited toward recreation space requirements unless they provide direct access to recreation facilities. -- - , . J . L02POO 13-Northlake Estates Division 2 II a. A detailed recreation space plan (i.e., area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plans. At a minimum, all equipment must at a minimum meet Consumer Project Safety Standards. Also, b. Low fencing and landscaping is required along the western perimeter of Tract H to prevent conflicts between recreation space users and vehicular traffic. c. A paved walkway shall be provided from 42nd Ave S. sidewalk improvements to the recreation tract d. A performance bond for r~cre~ti~m spac~ improvements ~h~ll be I!.~Sl~9.J?ri.Q!J9re<?9I<J1QK"," .~.".> ~~-;,,->,,_." ~ - 6fthe J5la1:~- - - ... '----_."' 18. A homeowners' association or other workable organization shall be established to the satisfaction ofDDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 19. Street trees shall be provided as follows (per KCRS 5.03 and KCC 2IA.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if Military is on a bus route. If Military is a bus route, the street tree plan shall also be reviewed by Metro. ----- ., \ L02POOl3-Northlake Estates Division 2 12 h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DOES has completed a second inspection and determined that the trees have been kept healthiand thriving. 20. The following conditions have been established under SEP A authority as necessary requirements to mitigate the adverse environmental impacts ofthis development. The applicant shall demonstrate compliance with these items prior to final approval: a. A 4-foot high split rail fence and signs shall be located along the outer boundary of the -"~-"._~~---w~<4-lma<<~~~.ff-aets1..,-:r-be--.fe-neing'il-~.~J~lk.~, on the final engineering plans. Sensitive area signs shall be installed on the fence at 1 00- foot intervals or as appropriate. The fencing and signs shall be maintained by the abutting lot owners and/or Homeowner's Association as identified on the face of the final plat. b. Prior to final plat approval, the applicant shall pay King County Dept. of Transportation (KCDOT) a pro-rata share of the cost of improvements under Countywide Capital Improvement Project No. C743 12. The amount of this pro-rata payment shall be $1134.00 which is based upon Northlake Estates Div. I project's calculated 0.7% share of the traffic volumes at South 320lh StreetlMilitary Road South intersection at full build out and KCDOT's estimated cost of $162,000 for such project. Countywide improvement project C74312 will provide for a) upgrading the traffic signal system to full quad/eight phase operation and b) extension of the southbound left turn lane at the north leg of the intersection of South 320th Street and Military Road South. (King County Comprehensive Plan Policies T-215, T-303, T-305, T-306, T-307, T-309) 21. An easement for public use shall be provided over the pedestrian access tract. This shall be shown on the engineering plans and final plat. This tract shall be owned and maintained by the HOA. 22. The location of existing wells and associated well radii, if any, on tax lot 154 shall be shown on the engineering plans and final plat. This may result in the reconfiguration and/or loss oflots. 23. The following modifications shown on exhibit 25 shall be incorporated into the plat design: a. The reconfiguration of lot 7 to provide direct access to tax lot 154 from road A; and b. The relocation of the pedestrian access tract to the northern side oflot 18. ORDERED this 16th day of November, 2004. fford L. Smith King County Hearing Examiner . . ;/ . L02POO 13-Northlake Estates Division 2 13 TRANSMITTED this 16th day of November, 2004, to the following parties and interested persons of record: Clark Casperson Robert Castona Terry DeFoor P.O. Box 2521 PO Box 2727 GWC, Inc. Auburn W A 98071 Belfair W A 98528 24633 NE 133rd St. Duvall WA 98019 Charles Gibson Richard Hawley Skip Holman 33461 - 33rdPl. S. 33071 Military Rd. S. Quadrant Corp. Auburn W A 9800 I Auburn WA 98001 PO Box 130 I BelIevue W A 98009 Brad Hughes James Jaeger Norm & Lois Kutscha I _.~~~ "..- PO Rox 1461 ",.__c... ... ra.~~rBIl~jueeriD8-~~-~~---~.~.331l.2~.3.8ih. Av.emle.S.... ".~.c.,~"',....._,_'.'~_h~"'f-'f_~~..._ . Rancho Mirage CA 92270 9419 South 204th PI. Auburn WA 98001 I Kent W A 98031 Gerald Marie McAndrews Group Patricia Ann McDowell 33049 Military Rd. S. 914-140th Ave. NE, #100 33220 Military Rd. S. Auburn W A 98001 Bellevue W A 98005 Auburn WA 98001 Pete Nichols James & Simone Perry Peter Poorman c/o Quadrant Corporation 33030 - 38th Ave. S. 32818 - 42nd Ave. S. 1110 - I 12th Ave. NE, #300 Auburn W A 9800 I Auburn W A 98001 BelIevue W A 98004 Seattle KC fIealth Dept. Troy & Paewen Taylor Darren Carnell E. Dist. Environ. Health 5119 - 9th Ave. NW Prosecuting Attorneys Office 14350 SE Eastgate Way Seattle W A 98107 Civil Division Bellevue W A 98007 MS KCC-PA-0554 Kim Claussen Lisa Dinsmore Nick Gillen DDES/LUSD DDES/LUSD DDES/LUSD Current Planning MS OAK-DE-OIOO Site Development Services MS OAK-DE-OIOO MS OAK-DE-QIOO Kristen Langley Anne Noris Carol Rogers DDES/LUSD Clerk of Council DDES/LUSD Land Use Traffic MS KCC-CC-I025 MS OAK-DE-OIOO MS OAK-DE-O I 00 Steve Townsend Larry West Bruce Whittaker DDES/LUSD DDES/LUSD DDES/LUSD Land Use Inspections Geo Review Pre!. Review Engineer MS OAK-DE-OI00 MS OAK-DE-OIOO MS OAK-DE-OIOO Kevin Wright Prosecuting Atty's Office Civil Division MS KCC-P A-0550 --- -------------- - ---- n L02POO 13-Northlake Estates Division 2 14 NOTICE OF RIGHT TO APPEAL In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or before November 30, 2004. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before December 7,2004. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeaL Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 3rd Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the --Cteflns not open onthespecm-ed :closing' ttme,-In which even"Ttrettveryprtort(f't}rtr~<cltrse"'utbusillt;:s:so1t ~.,.........".'~ the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE APRIL 20 AND MAY 25, 2004, PUBLIC HEARINGS ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L02POO13. Stafford L. Smith was the Hearing Examiner in this matter. Participating in the hearings were Kim Claussen, Bruce Whittaker, Ray Florent and Kristin Langley, representing the Department; and James Jaeger, representing the Applicant; and Martha Hawley, Gerald Marie, Peter Poorman and Robert Castona. The following exhibits were offered and entered into the record on April 20, 2004: Exhibit No. I DDES file no. L02POO13 Exhibit No.2 DDES preliminary report for the April 20, 2004 hearing Exhibit No.3 Application for land use permits dated June 21, 2002 Exhibit No.4 Environmental checklist dated June 21, 2002 Exhibit No.5 SEP A Mitigated Determination of Non-significance dated March 19, 2004 Exhibit No.6 Affidavit of posting indicating a posting date of February 20,2004, and DDES receipt on March 5, 2004 Exhibit No. 7 Plat map (revised), received March 4, 2004 Exhibit No.8 GIS neighborhood map Exhibit No.9 Assessors maps (4), NW/SWINE/SE 15-21-04 Exhibit No. 10 Level I Drainage Analysis by Jaeger Engineering received June 21, 2002 Exhibit No. 11 Wetland Evaluation & Delineation, Wildlife Habitat Evaluation and Buffer Establishment Plan by Habitat Technologies, dated March 1,2003 Exhibit No. 12 Traffic Impact Analysis by Gibson Traffic Consultants, dated April, 2002 Exhibit No. 13 City of Federal Way letters: a) 10114/03 and b) 08/01/02 Exhibit No. 14 Memo from Gibson Traffic Consultants dated 3117/03 Exhibit No. 15 Letters from Peter Poorman: a) received 4/02/04 and b) dated 11130/02 Exhibit No. 16 Letter from Richard & Martha Hawley dated January 30,2003 --------~--~-- -- -------------~---- . . I .J L02POOl3-Northlake Estates Division 2 15 Exhibit No. 17 Conceptual drainage plan received 03/03/03 Exhibit No. 18 Conceptual intersection plan received 03/03/03 Exhibit No. 19 Conceptual recreation space plan received 03/03/03 Exhibit No. 20 KC SWDM adjustment request for file no. L03V0038, dated 11/06/03 Exhibit No. 21 Road variance L02V0071 for file no. L02POOOI, dated 04/21/03 Exhibit No. 22 Additional conditions of plat approval nos. 21 and 22 The following exhibits were offered and entered into the record on May 25, 2004: Exhibit No. 23 Letter to the Hearing Examiner from James Handmacher dated May 3, 2004 Exhibit No. 24 Memorandum to the Hearing Examiner from Joe Miles dated May 4, 2004 Exhibit No. 25 Plat Map Revision Exhibit No. 26 Statement from Ray Florent .~, ~'.- . Exhibit No: 2f'RevlseoreeonUhenda'"fiens from DDES--'~-" ..~~~.. "~--~-_.~,--~~-< SLS:gao L02POO 13 RPT2 _....."._ ._..__.___"_,__._._.'._.._._,_'. _ . _ ..~.._ ___.__~__"___,____.__..~,__._______.~ .______.___._ .. .__._..,_....... .....___...______.._........__....________._...___. . _....___.__..___..M____.._ VOLUME/PAGE """ NORTHLAKE RIDGE DIVISION 3 A REPLA T OF LOT 2, KCSP 482004, LOT 1, KCSP 482005 AND LOT 3, KCSP 1076065, AND A PORTION OF THE NE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 OF THE SE 1/4, ALL OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN KING COUNTY, WASHINGTON hORTH-QIJARTER CORNER SECTION 15 l.OtA1IOH OF 1IlUTAR'f R(W) CXllIPlED FllOM 4',4' CONCRETE ~ONU~ENT WflH RElXlRO 1NFllRlIA1ION. SEE RElXlROS OF BRASS SCREW '1<csc #6846' SIIlMY NOS. 1904048003, 740322O3ll2 I AND 20001221100016. AlSO SEE lItE IQNC t COUIIl'/ EI<<lINEERING IlEPNl1llENT RCHT OF --- - I LJ ~~ :27:,~~~a:r - - - - r -1- .,.. - - r- - I CENTER OF SECTION 15 ~ \ 3-58-5, SlEET 8 II 9 OF 9 SHWS lI\TfD I 1 1 I I FOUNO l' IRON PIPE II'" . DEtEIlBER 1959. I 1 1 I:ill: S22'35'58'E, 3.14 ~ e ~ ~ ~,QUAATER CORNER SECTION 15 I I I CALCULATED CENTER Of 51 ~ 4 ,4 CONC~ETE MONUM~ WflH , 80CITH SECTION (01-08-OJ) ~ BRASS PIN KCSC '6858 ~~ro.7t(l/LR2)-- 828THSTlIEET __ 217.71'(ROS1) \ - - - - - - .- 218.10' C - _ _ H89'OS'55'W 2644.37' (NLR2) 1322.18' - - -I' '- 1322.19 _. WEST QUARTER CORNER SECTION 15 "0 I I I , I 54 0 42 ' I \ FOUNO H/2' BRASS DISK SET ". - IN 4',4' MONUMENT WITH PUNCH - - - - .J I , I r 53 1 41 0.25 DOWN IN CASE (01-09-03) '" f- _1- _1- _1- -r-;;:; I 9 3 '" I 1-"::'':../ I I -----, 51 I L'~ 5'" 37 \- 238.29 - TRACT 8 f-- - ...., - :!l: i 58915'19"[ I m I ..j-501'5 \635 . I _ --1 _ - - ,...... _ _ ~ 01' 2 ~ - - - 1 r T '1 r T t.9 I T 'M 150.00 iJi_ - -;- 1,'6'1:::,':00.-;, -". U:GENO I, '^o ~~I.."<I'.".'.....Vll,Rnv' """'08'"S"W'""'" .,,-<:,... _0.,'1\"\'\'. C'J IV", I 'tv .~'t "r;"l "tv "tr I ~n t" ( ",,;:, <J 1.- l',v' ,,\ ~...,v-\ I + I Cl I ILL I ~- \, I ~ <'-. ,.0. ,^T , I -~___ ~-L,.., - \ I !""i ?:....'"' ~Vl ,~ faUNa SECTION CORNER OR QUARTER ::e --..., a 328llt ST (," ~- - - - - _ _ _ __ IIoQtIIl AS NOTED _.J ,_, ~G8 L ~ ....:.... -, - ~. \ '--- v Ie 5 K.C.S.P 482004 LOT ~ , + 1-- I..l {50.1 \:;:... '~"r..... 18 "" Rc" .. B-05'B^B" t>~ CALCULATEO POSITION SECTION CORNER e';:! < ~ . _ ::..: ~ :- .., 0 / , ,.. I....,Sll ,"v. ,,0. ~v, v ,~ .~~. 0_ -~ r t,O'" '"'!.., ~ J B./ 'or , 'I 8 1 9 !- N891S'19'W 519.72' '(G~ (M) DIMENSION ME'ASUREO FOR THIS SURVEY ~t o. 107 I-- - -l!ll .., I TR . y.. B1) '1 lot'-' I 1 ....:.W. illl i:! I J (.n(.~ 3gll!t-~ I.M;::' ,,~! (!/. ~ ~ (NLR2) DIMENSION CITED ON PLAT OF NORTHI.AKE I L,J . Z'S . - t 7 -, <I 5B J l;~v i r::--, -l.~ l1\ 18 ~.(~'Il- 4jO ::? a RIDGE OMSlON 2. VOL 225, PP. 20-25 :,,::. 0::' :06 I ::: i!:r 70 \ <. .,':!,..9 'y /'0.,," /, _ ~ 1 ~"":.... ~ i!i <C 0 r- ,e ,O....i ^' ,B ,/ /" ... -.,/ > i 2 ~,. A> ,. NL 1 CAllOUT CITED. ON PLAT OF NORTHLAKE ; - ~. 0 . - -i . \ 'C... -=- ~ ~'./ ,~,~. / 12/,. \ ";. .." fIJ RiDe;, VOL 219. pp, 81-86 :::: :::~ w , I \_ ~ 1 z/ 'j ('...,~~:J'r:'~':x.' R=J2ioo' C Q~~'" E I !I 1-- ~~ 'W I., I .,.-(. oJ ('~.J ,<. (l 511 NL2 CAllOUT CITEO ON PLAT OF NORTl-lLAKE Ie o~.,:5, _' 8 / ::: ~ ,r-f'S" I",\.J 0" \L=IJ6.2~'" <l'l RIDGE DIVISION 2, VOL 225. PP. 20-25 ....-,,~.J_ - '+ _ _ .&=2J:4755 .... 18 J.. 1 I-;-<'\",::' ..,r:-,.... I B5 I 96 1 va. 330TH }" \ , - - - - -, - - .C''r\....' 1"".: ,~ r - - -, \ ,~. ,,~,J i~:";,~ '"' 85-'-951 ( !} I ~ ' ,v,l I I r-- 1:;- W---,--- -...., ~ I ~t) ,2 I Uj n-' "'A I I 1-' ~ - - - - + '"':.;- j f--:::: -r- -:;:; "j ~I..::' _I_~.:c.. "'I1tSr- -"-...J ot'-' ot'-' 589,s'19"E 412.71' ~ J, / 66 " 88 0, ~ 'A I pj b ~ f' I 100 1--- - -"'1 "'I-__'_~'::"J 1-..:::_..... c!"l r= ... 4- ..;:., -I "'1"\ tit' i;) . lo~ 1 'IdOl A~Tt'"1'\ _____L:::~ t~t~..J"'L.~9_'_9.:...! ~.:g I ~ . !2~~51 v,...~"c" ~<;}l ~ ,~, I E J l 6B I 69 J I gO I 91 J i I 20"'" I 8. am STREET ""'--l;j SOUTH UNE OF NORTH 3/4 (l~' I 'v, r 3', ~ - - - - - - 1- - - - -i ItS - 589'519 r 418 4 _. Of sournwEST 1/4. lS-21-04 "\~ '~. 8.am <. 0' I . r---------- ~ I -----f-~('I- r 1 - PLAC!. - <' ,-::c. Ill! "R"DOc~~ K'"'' '-n',,'''' ""^RT D' ,T ~ I 1"" I" I I I T I ",,, j. I ' V, ~c.v "~~' .....V....._II .)rlV\1 I ~'" I "~I()l A"rT 1'\ _ 'w ~~ 132' 311 301 291 2B 2i'I261 2:, I 2tol 231 22 I 8 I SlxrEENlli POSITION I V'Hn" E" 589'17'28'[ ~ - I --___J _LL.L....JrL-l-f-~-lr~-l-t-_1 PER NL1 & NL2 589'17'28'[ 1319.49'- 1319,49' _)~ I I LBB I I I I \.'" I I \ \ -;-r ^ - 99 I --< 170 69 68 67166'65) L..:::J "49 \4B 14i'146 '45144143142IGI4~ /40 I 0 \C')1-' , v2 I _ _ _ _ -l ;\ I> J ~ I - L: j _1_ 1.: .J - I 63 I ~" \-1..L _1- J... ...L..-L ..1-1._1 I 3. "\ " ~ ,,\) r o^ ' 8. 332Nl PLACE - - .......<. 5v \/ 8. 332Nl PLACE -I / -: .. '!!:! 98 (,Cl+ 1--::' -i - r 1 '-1- r l - 162 ...s:-Js-;.~<;.J.>/ / - l - -. - - 1- l ,_. '/ ~B" ,," '" '- I 10"1 17'li'01."I"tl"<I"'III-<~\('(",\:l.~ '. ,~, "I f' '\.....-- " !i -J ....1 I.... I., It IJ I.... ,r'o: n"'~'oJ,~ I ,.... + ,'- L... '1' 3 I .., /' '" TRA/'T A ----1---- r.:-, f-_I L.L....J 1_,," .('",~('\,,' -;;," 1::;- ;;-""" -., 4, I) ( , nv' ~ I a.' I ~2 '"' B" T T;., 0>< (...."rv...J I ~. _J ~ "+ ,~ I '"' I 5 L.- -L I '/ / ....----... ., I---I~I- '..] L" r'~" "\,lv '~r-,-r- -- ---; --. / \1 ) - - - _ -.J L 93 I ;1 97 C ~~,J ..'~:" :;~ .J~!:II 18 + 13 I i I 6 I v / / <'-2i' I -- ~ --1 /,5<" ')--.~., -:'ji!-- --; L..--;TRACTDI / o. , 94 I", - I' ',%-v"'" v - 'r.L 5:'..1 I 'a '0 < I" I CIIt t.. 36!j .- 1 r -;;-, fl -; -, i'9 r II ~. ' I- .:.: ::. ..!..:. 1 ~ -- ../ - - - - -l 1-9~' -I I- B.,.J.. 1-, ~5B /5" l- ":""...J I o~ +" I i Iii -j I Iii!- 3:, I \ I 1 - - I'.J. 80 "I CIIt ..J...' I ..' L~+:':"'"'1 ~--1---f ~ --"'I J( I I 05 1 96 ) ~ / ).. '...l ...... 06 J I 0' ,~ I 0 I ' I ~-i 34 I . I n, 8' 1 I - "' J 'v I . u f' __ L____...., r - 4~ w :'...1 "t't-.....f.:J---. - '- - - - _...1 -" 1.....33 'iJ TRACT 8 r I- - - -....8. 1........./ 82 i) 1 - - 8. 383AD STlIEET I -- I 94 I I -~~ _ I ~l IT ,,'T r T -II T T T T T' 32; 'S . -----l 'TR"'T" -~ I FRnv,,- 100 10,IOt 10. '0'10"lOB '00D'3^ [--"""I Q SI I ' nv' ""\ .. 4.. .. --' .- ., . .. v 31: /51 ~ ;-----L--_____.1._L__ -..=.--,:i-L-=-J=-L-=-J_,=--=-_I_.L:::--,..l... // ~ - I ~ I I~ / )('1 I I ~ ~ I 1ill ~. J~: ~~ ~ / n I 116 'OJ / /// ' iSW CORNER. COVi. LOT 4 I / I PER ROS 9705229011 ~ I VOL 114. SURVEYS, PC. 281 ~ -J / / .- _ _ 1319.52' (NLR2) _ :.. - jr- N68'S6'39'W 2639.03' (NLR2) 1- - - - __ _ _, _ _ __ _ _\ I tEST CORNER SECTION 15 SOUTH QUARTER CORNER SECTION 15 ~ 2633.60 (M) SOUTHE'AST CORNER SECTION 15 . NOT ESTABUSHEO. LOCATED IN NORTH LAKE FOUNO 3',3' CONCRETE MONUMENT F2U~O CONCRETE MONUMENT W~ WITH 8RASS NAIL (01-07-03) 3,3 TOP, WflH LfAI) CORE WflH 3/4' BRASS WASHER N'lD TACK DOES FILE NO. L02P0013 (01-07-03) JOB NO. 11529 RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: Barghausen Recording No. ___.___ I hereby certify thot this plot of NORTHLAKE RIDGE ONISION 3 , , Filed for record ot the request of the City of Federal Way. this_ is bos~d upon on octuol survey ond subdivision of Section 15 Consulting Engineers, Inc, day of __.__.__. 200_, at ___minutes Township 21 North, Range 4 East.. W.M., that the courses and Civil Engineering Lond Plonning Surveying Environmentol Services 1'5 post.___ _' m, and recorded in Volume__of Plots ot distonces ore shown correctly thereon; that the monuments will be 18215 72nd Av~nue South K'ent WA. '98032 ~ pages_ through__, records of King County. Washington. set and the lot and block corners will be staked correctly on the Telephone: (425) 251-6222 F~x: (425) 251-8782 ~ DIVISION OF RECORDS AND ELECTIONS ground os construction is completed and that I hove fully complied ~ with the provisions of the plotting regulations NW4 OF SE4, AND NE4 OF SW4, SEC, 15" T21N"R4E, W,M, '" \.. Manager ------------ Superintendent of Records Da~t30/Q.L-_-- SHEET 1 OF 6 9 .:10 G 133HS OOOdZ01 'ON 311~ S300 :J ~ ffM 13tij.tf~l'91 '03S 'tMS ~O t3N ONV 't3S ~ tMN ;~ 'S31VNIOHOOO Ollr.) 3Hl ~OlU - Q. 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V 13:JlIVd 3~mVN~IS .lJ.NnO:> ~NI>t NOlldllJOS30 lVD3l N01ElNIHSV M 'A1NnO~ ElNI)I 'AVM 1V1::I303.:J .:JO A11~ NVIOn:l3~ 3113~V111M ' lSV3 V 3E>NVt::I 'H1t::lON ~G dlHSNM01 'g~ NOl1n3S :10 11'1 'v/~ 3S 3H1 :10 v/~ MN 3H1 :10 aNV 'v/~ MS 3H1 :10 v/~ 3N 3H1 :10 NOl1t::lOd V aNV '9909LO~ dSn>f 's 101 ONV '900GBv dSn>f '~ 101 'vOOGBv dSn)l 'G 101 :10 1V1d3t::1 V 8 NOISIAIO 3801~ 3>tV1Hl~ON 3OVd/3V1mO^ -------- _.._...._--~.._-.._- "_._~~--_..~.--- --~_._~ ~~'~-"'--'-'--- -~--_._. ... _.. .__n__..___.__ -----.-...-...-.-----....---.-... .._--------_..._--~-_._._-----~._--_._---_.._-~---------_.~-- [ VOUUMEjPAGE ] NORTHLAKE RIDGE DIVISION 3 A REPLAT OF LOT 2, KCSP 482004, LOT 1, KCSP 482005 AND LOT 3, KCSP 1076065, AND A PORTION OF THE NE 1/4 OF THE SW 1/4, AND OF THE NW 1/4 OF THE SE 1/4, ALL OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON PLAT NOTES: CITY Of FEDERAL WAY DRAINAGE EASEMENT AND COVENANT 1. LOTS WITHIN THIS SUBDIVISION SHAlL BE SUBJECT 10 THE DECLARATION OF PROTl:CTIVE COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF ALL DRAINAGE EASEMENTS WITHIN llilS PLAT, NOT SHOWN AS 'pRIVATI:', ME HEREBY GRANTEO AND CONVEYED 10 THE CITY OF FEDERAl. WAY A POLITICAl. NORTHLAKE RIDGE (ALSO KNOWN AS NORfHlAKE RIOGE PHASE 1), RECORDED AT KING COUNTY RECORDER'S NUMBER 20040129000425, AND CLARIFIED BY SUBDMSlON OF THE STATI: OF WASHINGTON, FOR THE PURPOSE Of CON'IEYING, STORING, MANAGING AND FACIUTATING STORM AND SLRFACE WATl:R PER THE INSTRUMENT RECORDED AT KING COUNTY RECORDER'S NUMBER 20041207000342 ('DECLARATION"). THE ARTICLES OF INCORPORATION FOR lliE NORTHlAKE ENGINEERING PLANS APPROVED FOR llilS PlAT BY KING COUNTY, TOGETHER WITH lliE RIGHT OF REASONAllLE ACCl:SS (INGRESS AND EGRESS), 10 ENTER SAl0 RIDGE HOMEOWNERS ASSOCIATION HAVE BEEN RU:D WITH lliE STATE OF WASHINGTON IN OLYMPIA. DRAINAGE EASEMENT FOR THE PURPOSE OF INSPECTING, OPERATING, MAINTAINING, REPNRING AND iIlPROVING THE OR.'JNAGE FACIlI11ES CONTAlNEO THEREIN. 2. DIRECT VEHICULAR ACCESS TO OR FROM SOUTH 328lli STREET FRO~ LOTS 42 THROUGH 45 IS PROHIBITED. ALSO, DiRECT VEHICUlAR ACCESS TO OR NDTI: THAT EXCEPT FOR THE FACILITIES WHICH HAVE BEEN FORMAl.LY ACCEPTED FOR MAINTENANCE BY lliE CITY OF FEDERAl. WAY, MAINTENANCE OF ORAlNAGE FAClllrlES ON PRIVATE PROPERlY IS THE RESPONSIBlUTY OF lliE PROPERlY OWNER. THE OWNERS OF SAID PRIVATE PROPERTY ARE REQUIRED TO OBTAIN FROM 42NO AVENUE S. FROM LOT 1 IS PROHIBITED. ALSO, DIRECT VEHICUlAR ACCESS TO OR FROM MIUTARY ROAD SOUTH FROM LOTS 15, 16, 45 AND PRIOR WRmEN APPROVAL FROM CITY OF f!OEflAL WAY AND ANY REQUIRED PERMITS FROM THE CITY Of fEDERAl. WAY FOR ACTMTIES SUCH AS CLEARING 46 IS PROHIBITED. AND GRADING, PRIOR TO RLlING, PIPING, CUTTING OR REMOVING VEGETATION (DCEPT FOR ROUTINE LANDSCAPE MAINTENANCE SUCH AS LAWN ~OWING) IN 3. SCHOOL IMPACT FEES Will BE PAID TO THE CITY OF FEDERAl. WAY AT THE TIME OF BUILDING PERMIT ISSUANCE. OPl:N vtGETATED DRAINAGE FAClllrlES (SUCH AS SWALES, CHANNELS, OITCHES, PONDS, ETC.), OR PERFORMING pm ALTERATIONS OR MOOIRCATIONS 10 THE DRAINAGE FAClllrIES, CONTAINED WITHIN SAID DRAINAGE EASE~ENT. THIS EASEMENT IS INTENDED TO FAClllrATI: REASONAIllE ACCESS TO THE ORAlNAGE 4. ALl FEES REQUIRED BY KING COUNTY COOE 14.75, MITIGATION PAY~ENT SYSTEM (MPS), HAVE BEEN PAID. FACILITIES. THIS EASEMENT AND COVENANT SHALL RUN WITH THE LAND AND IS BINOING UPON THE OWNERS OF SAID PRIVATE PROPERlY, THOR HEIRS, SUCCESSORS AND ASSIGNS. 5. THE HOUSE ADORESS SYSTEM FOR llilS PlAT SHALl BE AS FOLLOWS: ADDRESSES SHALl BE ASSIGNED FOR THE NORlli-SOUlli ROADS WITHIN THE RANGE EASEMENTS AND RESERVATIONS OF 32900 TO 33009 AND WITHIN THE RANGE OF 4200 TO 4369 FOR THE EAST -WEST ROADS. INDMDUAL ADDRESSES WIll BE ASSIGNED TO THE PRINCIPAL A PRIVATI: EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPpm, QWEST COMMUNICATIONS, COMCAST CABLE co~ppm, ENTRANCE OF EACH RESIDENCE OR BUILDING, IN ACCORDANCE WITH KING COUNTY CODE 16.08. LAKEHAvtN UTIUTY DISTRICT AND All LOT OR TRACT OWNERS WITHIN THIS PLAT, (OTHER PRIVATE UTILITIES) AND THEIR RESPECTIVE SUCCESSORS AND 6. lRACT "A. IS A S10RM DRAlNACE TRACl AND IS CONVEYED UPON RECORDING TO THE CITY OF FEDERAL WAY FOR OWNERSHIP ANO MAINTENANCE PURPOSES. ASSIGNS, UNDER AND UPON ALL PRIVATE STREffi, ALLEYWAYS, TRACTS AND PRIVATE ORIVES, AND THE EXTERIOR TEN (10) FEET PARALlEL WITH AND ADJDlNING THE STREET FRONTAGE OF ALl LOTS, TRACTS ANO SPACES (INCLUDING 42NO AVENUE SOUTH), TOGETHER WITH THE EXTERIOR 1!:N (10) fEET 7. TRACT 'B" IS A RECREATION TRACT FOR THE BENEFIT OF All LOT OWNERS IN THIS PLAT AND THE OWNERS OF LOTS 1 THROUGH 6 OF KING COUNTY PARAIJ.IL WITH AND ADJOINJNG SOUTH 328TH STREET, AND WITHIN ENTIRE TRACTS '0', r', 'G' AND 'H', AND FIVE (5) FEET PARAIJ.IL WITH AND ADJOINING ALLEYWAYS, PRfoIATE DRIVES, AND TRACTS "0', OF', 'G" AND 'H', FURTHER EASEMENTS ARE RESERVED OVER PRIVATI: lANDS FOR VAULTS, SHORT PLAT L04Soo54. EACH OWNERSHIP OF A LOT IN THIS PLAT (LOTS 1 THROUGH 47, INCLUSIVE) INCLUDES AN EQUAL AND UNDIVIDED OWNERSHIP PEDESTALS AND RELATED FACILITIES ('VAULT EASEMENTS') ADJACENT TO THE 5-FOOT WIDE UTILITY EASEMENT RESERVED IN THE PRECEDING SENTENCE INTEREST IN SAID TRACT 'B'. THE HOMEOWNERS' ASSOCIATION AS ESTABLISHED IN NOTE 1, ABOVE, SHAlL BE RESPONSiBLE FOR THE MAINTENANCE OF SAID AS FOLLOWS: THE VAULT EASEMENT ~AY OCCUPY UP TO AN ADDITIONAL 5-fEET IN WIDTH FOR A TOTAL WIDTH Of 10 FEET) WITH THE U:NGTH OF TRACT '8'. SHDULO THE HOMEOWNERS' ASSOCIATION FAIL TO PROPERLY MAINTAIN SAID TRACT "8", THEN THE LOW OWNERS OF ALL LOTS 1 THROUGH 47 EACH VAULT EASE~ENT EXTENOING 5 FEET FROM EACH END OF THE AS-BUU VAULT(S). THE NUMBER AND LOCATION OF VAULT EASEMENTS Will BE SHALL BE EOUALlY RESPONSIBLE FOR THE COST OF MAINTENANCE OF SAID TRACT "B". "AS INSTALlED' DURING THE unUTIES INITIAL INSTALlATION OF FACILITIES. THE EASEMENTS ARE RESERVEO AND GRANTED IN OROER TO INSTALl, LAY, 8. TRACT 'C. IS A SENSITIVE AREA TRACT CONTAINING A WETLANO AND ITS BUFFER AND IS HEREBY CONVEYED TO THE HOMEOWNERS' ASSOCLl.TION 100000RED CONSTRUCT, RENEW, OPERATE, MAINTAIN, REPAIR, REPlACE AND ENlARGE UNDERGROUND PIPES, CONDUITS, CABLES, WIRES, VAULTS !.NO PEDESTALS, WATl:R ~ETERS, FIRE HYDRANTS, SANITARY SEWER STRUCTURES AND PRIVATE STORM DRAINAGE STRUCTURES ALONG WITH NECESSARY FACILITIES AND IN NOTl: 1, ABOVE, FOR OWNERSHIP AND MAlNTl:NANCE PURPOSES. (SEE 'RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBOMSION AND OTHER PROPERlY WITH mCTRIC, CAS, TELEPHONE, TELEViSION, TmCOM- AT RIGHT) , MUNICATIONS, DATA TRANS~ISSlON, STREET LIGHTS, PRIVATI: STORM DRAINAGE, N>lD OTHER UTILITY SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON 9. TRACT i)" IS A PRIVATE JOINT USE ORIVEWAY TRACT FOR INGRESS, EGRESS, PRIVATE DRAINAGE AND UTIUTlES FOR THE BENER! OF lliE OWNERS OF THE STREETS, LOTS, TRACTS, AND SPACES AT ALL TIMES FOR THE PURPOSES HEREIN STATED. LOTS 9 AND 10. OWNERSHIP OF LOT 9 AND 10 WITHIN THIS PlAT INCLUDES AN EQUAL AND UNOMOED OWNERSHIP INTEREST IN TRACT '0', AND AN EQUAL THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHAlL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO LINES AND UNOIVlDED RESPONSIBILITY FOR THE MAINTENANCE OF THE FACILITIES WITHIN SAID TRACT. ADDITIONALLY, AN EASE~ENT IS HEREBY RESERVED FOR AND OR WIRES FOR TRANS~ISS\ON OF ELECTRIC CURRENT OR FOR TELEPHONE, CABLE TELEVISION. TEu:COMMUNICATIONS OR DATA TRANSMISSION USES GRANTED TO IAKEHAVEN UTILITY DISTRICT, MR. UNDER AND ACROSS SAID TRACT '0' FOR THE MAINTENANCE OF THE SANITARY SEWER FACILITIES CONTAINED SHALl BE PLACED OR PER~ITTED TO BE PlACED WITHIN THE EASEMENTS UNLESS THE SAME SHAll BE UNDERGROUND. NO PERMANENT STRUC- THEREIN. TURE SHAlL 81:: PLACED WITHIN THE EASEMENTS WITHOUT PERMISSION FROM EASEMENT OWNERS 10. TRACT 'F' IS A PRIVATI: ACCESS TRACT FOR INGRESS, EGRESS, PRIVATI: ORAlNAGE AND unUTlES FOR THE BENEFIT OF THE OWNERS OF LOTS 43, 44, DOWNSPOUT NOTE 45, 46 AND 47. OWNERSHIP OF LOTS 43, 44. 45, 46 AND 47 WllHIN THIS PLAT INCLUOES AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN SAID TRACT ALl BUILDING DOWNSPOUTS, FOOTING OR.'JNS, ANO DRAINS FROM ALl IMPERVIOUS SURFACES SUCH AS PATIOS AND ORIVEWAYS SHAll BE CONNEC1!:D TO THE "F", AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF lliE FACIUTIES WITHIN SAID TRACT. PERMANENT STORM ORAlN DUTlfT AS SHOWN ON lliE APPROVED CONSTRUCTION DRAWINGS NO. P4099 ON FILE WITH KING COUNTY DEPARtMENT OF OEVE- LOPMENT AND ENVlRONMENTfoL SERVICES (DOES) AND/OR THE KING COUNTY DEPARTMENT OF TR.lNSPORTATION, THIS PlAN SHALl BE SUBMITIEO WITH lliE 11. TRACT "G' IS A PRIVATI: JDlNT USE ORIVEWAY TRACT FOR INGRESS, EGRESS, PRIVATE DRAINAGE ANO UTILITIES FOR THE BENEFIT OF THE OWNERS OF APPUCATlON OF ANY BUILDING PERMIT. ALL CONNEC110NS OF THE DRAINS MUST BE CONSTRUCTED ANO APPRDVEO PRIOR TO THE FINAL BUILDING INSPECTION LOTS 39 AND 40. OWNERSHIP OF LOT 39 AND 40 WITHIN THIS PlAT INCLUDES AN EilU'l. ANO UNDMDED OWNERSHIP INTEREST IN TRACT .r:, AND AN EQUAL APPROVAL. FOR THOSE LOTS THAT ME DESIGNATED FOR INDIVIDUAL LOT INFILTRATION SYSTl:MS, THE SYSTEI.IS SHAlL BE CONSTRUC1!:O AT THE TIME OF AND UNDMOED RESPONSIBILITY FOR THE IoIAINTENANCE OF THE FACILITIES WITHIN SAlO TRACT. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO BUILDING Pl:RMIT ANO SHALl COMPlY WITH PlANS ON FILE. lAKEHAVEN UTILITY DISTRICT, OVER, UNDER ANO ACROSS SAID TRACT "G' FOR THE IoIAINTENANCE OF THE SANITARY SEWER FACilITIES CONTAINED THERBN. PRIVATE DRAINAGE EASEMENT COVENANT 12. TRACT 'H" IS A PEDESTRIAN ACCESS TRACT FOR THE BENER! OF THE PUBLIC FOR FOOT ACCESS BE1\YEEN 44TH AVENUE SOUTH AND MILITARY ROAD THE OWNERS OF PRIVATE PROPERTY WITHIN THIS PLAT ENCUMBERED WITH ORAlNAGE EASEMENTS SHOWN AS 'pRIVATE', HEREBY GRANT AND CONVEY TO lliE SOUTH. THE OWNERSHIP OF A LOT IN THIS PLAT (LOTS 1 THROUGH 47, INCLUSIVE) INCLUDES AN EQUAL AND UNDIVIOED OWNERSHIP INTEREST IN TRACT CITY OF FEDERAL WAY, A POLITICAL SUBDMSlON Of THE STATI: OF WASHINGTON, THE RIGHT, BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND 'H". THE HOMEOWNERS' ASSOCIATION AS ESTABLISHED IN NOTE 1, ABOVE SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACT "H". SURFACE WATER PER THE ENGINEERING PlANS APPROVED FOR THIS PLAT BY THE CITY OF FEDERAl. WAY, TOGETHER WITH THE RIGHT OF REASONNlLE ACCESS SHOULD BE HO~EOWNERS' ASSOCIATION FAIL TO PROPERLY MAINTAIN SAID TRACT "H', THEN THE LOT OWNERS OF ALL LOTS 1 THROUGH 47 SHALL (INGRESS AND EGRESS), TO ENTER SAID DRAINAGE EASEMENT FOR lliE PURPOSE Of OBSERVING THAT lliE OWNERS ME PROPERLY OPERATING AND WlNTAlNING BE EQUALLY RESPONSiBLE FOR THE COST Of MAINTENANCE OF SAID lRACT ''ft. THE ORAlNAGE FACILITIES CONTAINED THERON. THE OWNERS Of SAlO PRIVATI: PROPERlY ARE RESPONSIBLE FOR OPERATING, MAINTAINING ANO REPAIRING lliE DRAINAGE FACIUDES CONTAINED WITHIN SAID DRAINAGE EASEMENT, AND ARE HEREBY REQUIRlD TO OBTAIN ANY REQUIRED PERMITS FROM lliE CITY Of FEDERAl. 13. All PRIVATE STORM DRAINAGE EASEMENTS (PSDE) SHOWN HEREON ME HEREBY CONVEYED TO THE LOT OWNER WHO WOULD BENEFIT FROM THE EASE- WAY PRIOR TO F1WNG, PIPING, CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE lANOSCAP!: MAlmEHANCE S(/CH AS LAWN lfOWING) IN OPEN vtGl'- MENT. DETAILS REGAROING THE LOCATION OF ORAlNAGE FAClUTIES WITHIN THE PSOE ME SHOWN ON THE ENGINEERING PlANS IDENTIFIED IN THE OOWNSPOUT TATl:O DRAINAGE FAClllrlES (SUCH /oS SWALES, CHANNELS, D~CHES, PONDS, ETC.), OR PERFORMING ANY foLTERATIONS OR MODIFICATIONS TO THE DRAINAGE NOTE, AT RIGHT. THE OWNER OF SAID LOTS SHALl BE RESPONSiBLE FOR THAT PORTION OF THE PRIVATE DRAINAGE FACILITIES THEY BENEFll OF THE USE, FAClllrIES, CONTAINED WITHIN SAID DRAINAGE EASEMENT. THIS COVENANT SHALl RUN WITH THE lAND AND IS BINDING UPON THE OWNERS OF SAID PRIVATE AND SHALL EQUALLY SHARE THE MAINTENANCE OF THAT PORTION OF THE ORAlNAGE FACILITIES USED IN COMMON. PROPERTY, THEIR HEIRS, SUCCESSORS ANO ASSIGNS. 14. ALl PRIVATE WATERLINE EASEMENTS (PWU:) ARE HEREBY CONVEYEO TO THE LOT OWNER WHO WOULD BENEFIT FRoM THE EASEMENT FOR THE MAlNTI:- PUBLIC DRAINAGE EASEMENT RESTRICTIONS NANCE AND REPAIR OF WATER FAClllrIES. STRUCTURES, FILL, OR OBSTRUCTIONS (INCLUDING BUT NOT LIMITED TO DECKS, PATIOS, OUlllUILDlNGS, OR OVERHANGS) SHAlL NOT BE PER~ITTED BEYOND THE BUILDING SETBACK LINE OF THE PUBUC DRAINAGE EASEMENTS. ADDITIONALlY, GRADING ANO CONSTRUCTION OF FENCING SHALl NOT BE AllOWED WITHIN 15. ALl SANITARY SEWER EASEMENTS (SSE) AND WATl:RLlNE EASEMENTS (WLE) ME HEREBY CONVEYED TO lAKEHAVEN UTILITY DISTRICT FOR THE CONSTRUC- THE PUBLIC DRAINAGE EASE~ENTS SHOWN ON THIS PLAT MAP UNLESS OTHERWISE APPROVED BY KING COUNTY DOES OR ~S SUCCESSOR AGENCY. TION, MAINTENANCE AND REPAIR OF THE SANITARY SEWER AND WATERUNE FACILITIES. TRACT NOTE 16. ALL STORM DRAINAGE EASEMENTS (SOE) ARE HEREBY CONVEYED TO THE CITY OF FEDERAL WAY FOR THE CONSTRUCTION, MAINTENANCE AND REPAIR OF TRACTS "A' THROUGH "0. AND "F' THROUGH 'H" ARE CONSIDERED 'lRACTs' PURSUANT TO KCC 19A.04.33D. STORM ORAlNACE FACILITIES. A iRACT' IS lAND RESERVEO FOR SPECIFIED USES INCLUDING, BUT NOT U~ITEO TO, RESERVE TRACTS, RECREATION, OPEN SPACE, SENSITIVE AREAS, SUR- 17. THE TEMPORARY TURNAROUND EASEMENT (TIE) SHOWN HEREON WITHIN LOTS 15, 16, 17, 16, 19 AND TRACT"H" BECOMES NUll AND VOID WHEN 44TH FACE WATER RETENTION, UTIUTY FAClllrlES AND ACCESS. mACTS ARE NOT CONSIDERED LOTS OR BUILDING SI1!:S FOR PURPOSES OF RESIDENTl'oL OWEWNG AVENUE SOUTH IS EXTENDED TO A PUBLICLY MAINTAINED ROAD SYSTEM AND IS ACCEPTl:D FOR MAINTENANCE BY A PUBUC AGENCY. THIS EASEMENT MAY CONSTRUCTION. OTHERWISE BE EXTINGUISHED BY lliE RECORDING OF AN EXTINGUISHMENT DOCU~ENT REViEWED AND APPROVED, AND SIGNED BY THE KING COUNTY lAND USE RESTRICTIONS FOR SENSITiVE AREA TRACTS AND SENSITiVE AREAS AND BUFFERS SERVICES DIVISION OR ITS SUCCESSOR AGENCY. A REVEW FEE MAY BE ASSESSED FOR THIS SERVICE. DEDICATION OF A SENSiTIVE AREA TRACT/SENSITIVE AREA AND BUFFER CO~ TO THE PUBLIC A BENEFICIAL INTEREST IN THE lANO WITHIN THE TRACT/ 1 B. INTENTIONALlY LEFT BlANK. SENSITIVE AREA AND BUFfER. THIS INTEREST INCLUDES THE PRESERVATION OF NATIvt VEGETATION FOR ALl PURPOSES lliAT BENER! THE PUBLIC HEALTH, SAFETY AND WElfARE, INCLUOING CONTROL OF SURFACE WATER ANO EROSION, MAINTENANCE OF SLOPE STABILITY, AND PROTl:CTION OF PlANT AND ANIMAl. 19. INTENTIONALlY LEFT BlANK. HABITAT. THE SENSITIVE AREA mACT /SENSITIVE AREA AND BUFFER IMPOSES UPON All PRESENT AND FU1\JRE OWNERS ANO OCCUPIERS OF THE lAND SUBJECT TO THE TRACT/SENSITfoIE AREA AND BUFfER lliE OBUGATION, ENFORCEABLE ON BEHALF Of THE PUBLIC BY KING COUNTY, TO LEAVE UNOISTURBED ALl TREES 20. THE FENCING AND THE ASSOCIATED SENSITIVE AREA SIGNS LOCATED BE1\YEEN THE SENSITIVE AREA TRACTS AND THE ADJACENT LOTS SHALL BE ~AIN- AND OTHER VEGETATKlN WITHIN THE TRACT/SENSITIVE AREA AND BUFFER. THE vtGETATION WITHIN THE TRACT/SENSITIVE MEA AND BUFFER MAY NOT BE CUT, ~ TAlNED BY THE ABUTIlNG LOT OWNERS. PRUNED, COVERED BY m, REMOVEO OR OAI4AGED WITHOUT APPROVAL IN WRITING FROM lliE KING COUNTY DEPARTMENT OF OEVELOPMENT AND ENVIRON- MENTAL SERVICES OR ITS SUCCESSOR AGENCY, UNLESS OTHERWISE PROVIOED BY LAW. x 21. THE STREET TREES, TO BE PlANTED TO FULFill A CONOITION OF PLAT APPROVAL, SHALl BE PlANTED ACCORDING TO THE APPROVED ENGINEERING PlANS c. "- NO. P4099 ON FILE WITH KING COUNTY. THE STREEl TREES PlANTED WITHIN AND/OR ABUTTING INDIVIDUAL LOTS SHALL BE OWNED AND MAINTAINED BY THE THE CO~~ON BOUNDARY BETWEtN THE TRACTjSENSmvt AREA AND BUFfER AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE l OWNERS OF SAID LOTS, SUBJECT TO THE PROVISIONS Of THE DECLARATION WHICH IMPOSE ADDITIONAL DUTIES UPON THE OWNERS AND THE HOMEOWNERS' FLAGGED TO THE SATISFACTION OF KING COUNTY PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER OEVELOPMENT ACTIVITY ON A LOT ASSOCIATION RELATED TO STREEl TREES. THE STREEl TREES PlANTED WITHIN AND/OR ABUTTING THE PRIVATE AND PUBLIC TRACTS WITHIN THIS PlAT SHALL BE SUBJECT TO THE SENSITIVE AREA TRACT/SENSITIVE AREA AND BUFFER, THE REQUIRED MARKING OR flAGGING SHAlL REMAIN IN PlACE UNTIL ALL OEVElOP- 0 OWNED AND MAINTAINED BY THE HOMEOWNERS' ASSOCIATION IDENTIFIED IN NOTE 1, ABOVE, UNLESS KING COUNTY OR ITS SUCCESSOR AGENCY HAS AooPTED MENT PROPOSAl. ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA ARE COMPlETED. '" A TREE MAINTENANCE PROGRAM; SUCH OWNERSHIP AND MAINTENANCE IS FURTHER SUBJECT TO lliE PRO\1SIONS OF THE OECLARATION WHICH I~POSE ADDI- " nONAL DUTIES UPON THE OWNERS AND THE HOMEOWNERS' ASSOCIATION RElATED TO STREET TREES. NO BUILDING FOUNDATIONS ARE ALlOWED BEYOND THE REQUIRED IS-FOOT BUILDING SETBACK UNE, UNLESS OTHERWISE PRO\1DED BY lAW. ~ ROAD AND SIDEWALK EASEMENTS '5 22. THE ROAD AND STOR~ DRAINAGE SYSTE~S SHALl BE CONSTRUCTED ACCOROING TO lliE APPROVED PlAN AND PROFILE, PLAN NO. P4099 ON RLE WITH <J V1 KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTfoL SERVICES (ODES). ANY DEVIATION FROM lliE APPROVED PlANS WILL REQUIRE WRmEN AN EASEMENT IS HEREBY RESERVED FOR AND CONVEYEO TO THE CITY OF FEDERAl. WAY UNDER AND UPON THAT PORTION OF LOTS 1 THROUGH 2S, LOTS 35 0> APPROVAL FROM THE PROPER AGENCY, CURRENTLY DOES. lliROUGH 36, LOTS 41 THROUGH 43 AND LOT 47, ANO TRACTS "8', '0', 'F', 'G", AND "H' SHOWN AS PERMANENT RIGHT OF WAY EASEMENT (PRWE) IN WHICH '" TO CONSTRUCT. MAINTAIN, REPAIR AND REPlACE ROADWAYS, ANO AN EASEMENT IS HEREBY DEDlCATl:D TO 1\!E PUBLIC USE FOR SIOEWALK PURPOSES UNDER AND r'C 0 23. A SUBOIVISION GUARAN1!:E PREPARED BY STEWMT TITLE GUARANTY COMPANY, THEIR ORDER NO. 205123197 N>l0 DATED FEBRUARY 22, 2006 AND ALl UPON THOSE AREAS SHOWN AS PERMANENT RIGHT OF WAY EASEMENl (PRWE). SEE SHEETS 4, 5, AND 6 FOR GRAPHIC REPRESENTATION OF THE EASEMENT SUPPLEMENTALS THEREOF, WERE RELIED UPON FOR RECORD ITEMS AFFECTING THIS SUBDIVISION. ACCORDING TO THIS SUBDMSION GUARANTEE, THE ... FOLLOWING ITEMS AFFECT THIS SITE: PLAT NOTES (continued) 0 f;:: 25. ALl INDIVIDUAL STUB-OUTS AND INRLlRATION SYSTEMS SHALL BE PRIVATELY OWNED AND MAINTAINED BY THE LOT OWNER. " A. RESERVATIONS ANO EXCEPTIONS, INCLUDING THE TERMS ANO CONDITIONS THEREDF REGARDING MINERALS, RECORDING NO. 2179B22. 0> " B. AN EASEMENT AND THE TERMS AND PROVISIONS CONTAlNEO THEREIN FOR AN ELECTR1C TRANSMISSION AND/OR DISTRIBUTION SYSTEM, RECOROING 26. SINGLE FAMilY RESIDENCES CONSTRUCTED ON LOTS CREA1!:D BY THIS SUBDIVISION MUSl PROVIDE PERfORATED STUB-OUT CONNECTIONS PER DETAILS - - NO. 5627609. THIS TOTAL MEA THE EASEMENT IS WITHIN HAS BEEN GRAPHICALLY OEPIC1!:D ON SHEET 6. SHOWN ON THE APPROVED ROAD AND DRAINAGE PLANS NO. P4D99 ON FILE WITH THE KING COUNTY DEPAR1l.1ENT OF DEVELOPMENT AND ENVIRONMENTAL E SERVICES (DOES) AND/OR THE KING COUNTY DEPAR1MENT OF TRANSPORTATION. C. FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK-UP OR CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR SEWER ;;; 27 llilS PLAT WAS APPROVED WITH THE USE OF RESIDENTIAL DENSITY CREDIT FROM THE TRANSFER OF DEVELOPMENT RIGHTS PROGRAM, TOR CERTIFICATI: ~ FACILITIES OF KING COUNTY WATER DISTRICT NO. 124 AS DISCLOSED BY INSTRUMENT RECORDING NO. B1D6010916. NO. 68, AND IS SUBJECT 10 THE REOUIREMENTS OF THE PROGRAM PER KCC 21A.SS.1DO. " '" D. AGREEMENTS AND THE TER~S AND CONDITIONS THEREOF WITH LAKEHAVEN UTILITY DISTRICT FOR UTILITIES, RECORDING NO. 2D02112000DB05, 26. BUFFER AVERAGING WPS USED IN TRACT 'C'; SEE APPROVED CONSTRUCTION DRAWINGS NO. P4099 ON FILE WITH KING COUNTY DEPARTMENT OF 0' AND FOR SEWER ANO WATER SERVICE, RECORDING NO. 20060126000466. DEVELOPMENT ANO ENVIRONMENTAL SERVICES (DOES). ~ " E. COVENANTS, CONDITIONS, RESTRICTIONS, AND/OR EASEMENTS CONTAINED THEREIN, RECORDING NO. 890315103B. '" 29. THE TRACT DESIGNATIONS WITHIN THIS PLAT ARE NON-SEQUENTl'oL. THIS PLAT CONTAINS lliE FOllOWING TRACTS: 'A', 'B", 'C", '0., 'r', 'G" AND "H' 0 0. THIS PLAT ODES NOT CONTAIN A TRACT "E". <0 F. WElLSITE COVENANTS AND RESTRICTIONS CONTAINED IN INSTRUMENT RECORDING NO. 6561473. <0 N G. AN EASEMENT AND THE Tl:RMS AND PROVISIONS CONTAINED THEREIN FOR AN ELECTRIC TRANS~ISSION AND/OR DISTRIBUTION SYSTEM, RECORDING NO. --:: 82012103BO. NOT GRAPHICALLY DEPICTED. " 0. H. AN EASEMENT AND THE TERMS AND PROVISIONS CONTAINED THEREIN FOR ELECTRIC TRANSMISSION AND/OR OISTRIBUTION SYSTEM, RECOROING JOB NO, 11529 <- NO. 5633003. CAN NOT BE GRAPHICALLY DEPICTED, BUT IS IN THE AREA OF LOTS 35-39 ON SHEET 6. 11 Barghausen ~ I. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS UPON SAID PRE~ISES FOR MILITARY ROAD SOUTH AS GRANTED BY DEED RECORDED /' <0 UNDER RECORDING NO. 200405200007BS. '" Consulting Engineers. lne, N 24. ALL LOTS SHALL BE SUBJECT TO AN EASEMENT 2.5 FEET IN WIDTH, PARALLEL WITH AND ADJACENT 10 ALl INTERIOR LOT UNES, AND 5 FEET IN WIDTH, Civil Engineering, Land Planning, Surveying, Environmental Services ~~ PARALLEL WITH N>l0 ADJACENT TO ALL REAR LOT LINES, FOR THE PURPOSE OF PRIVATE DRAINAGE. IN THE EVENT LOT LINES ARE ADJUSTED AFTER THE 18215 nnd Avenue South Kent, WA, 98032 c 0 RECORDING OF THIS PLAT, THE EASEMENTS SHAlL MOVE WITH THE ADJUSJIO LOT LINES. ~AINTENANCE OF ALL PRIVAlt DRAINAGE EASEMENTS ON THIS PLAT 0:: 0 Telephone: (425) 251-6222 Fa,: (425) 251-B782 '" 0 SHALL BE THE RESPONSIBILITY OF ALL LOTS DERMNG BENEFIT FRO~ SAID EASEMENT. NO STRUCTURES OTHER THAN FENCES SHALL BE CONSTRUCTED WITHIN ...... - THESE EASE~ENTS. ~ :::: (plat notes continued at right) NW4 OF SE4, AND NE4 OF SW4, SEC, 15, T21N-R4E, W,M, '" 0- j? i.: DDES FILE NO. 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'''_'''_'__'~.._...... ---.---- VOLUME/PAGE NORTHLAKE RIDGE DIVISION 3 A REPLA T OF LOT 2, KCSP 482004, LOT 1, KCSP 482005 AND LOT 3, KCSP 1076065, AND A PORTION OF THE NE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 OF THE SE 1/4, ALL OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMErrE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON , , '\ , I f"\"'T" .., , LEGEND LV I I \\ SYMBOL OESCRlPI1ON 1.("'1"(""1"") 482DD4 . lONG COUNTY STANDARD MONUMENT TO BE SET AS CONSTRUCTION IS COMPu:TEO r\,-,~~ S MONUMENT FOUNO AS NOTED , -, r- (' "1-'" BSBL BUILDING SETBACK UNE r\C_v. I ~\..I. UTIUTY fASEMENT (SEE EASEMENTS AND RESERVATIONS ON SHEET 3) \~ UE WLE WATERUNE EASEMENT (SEE NOTE 15 ON SHEET 3) ~ , SSE SANITARY SEVIER EASEMENT (SEE NOTE 15 ON SHEET 3) ~ / SDE STORM DRAINAGE fASEMENT (SEE NOTE 16 ON SHEET 3) PSOE PRIVATE STORM DRAINAGE EASEMENT (SEE NOTE 13 ON SHEET 3) ~ , PWlE PRIVATE WATERUNE EASEMENT (SEE NOTE 14 ON SHEET 3) ~~ ' \~ JUO JOINT USE DRr>8AY TTE ~POIWlY TURNAROUND EASEMENT (SEE NOTE 17 ON SHEET 3) 1RWE ~PORARY RIGHT OF WAY EASEMENT (SEE NOTE 19 ON SHEET 3) 1b PRWE PERMANENT RIGI{f Of WAY EASEMENT (SEE 'ROAD AND SIOEWAlK EASEMENTS' NOTE ON , <.PO SHEET 3) ~@ 22' ~ , , a _\. ~ 15 , ~\ . ~ SEE NOTES 2, 13, ~ I PI 15, 16, 17 AND 1~ 13 I e ONSIIEET3 - g!i! SEE NOTE 13 I~ ~ , ~~ DN SHEET 3 ~ \ 10' PSOE NB8'55'2B'W 100,00' " ~ l NB8'55'2B'W \. , " <; , i- 54,00' -I % \ ~~ ... \ <l\\t 5 0 20 40 80 Cf) ~ I I- w ~ 10 . ~ SCAu:: " = 40' ::::> ~ , W ~~ z .... 8'" \ w I~ SEE NOTES 9, 1~ .., W > f;j ANO 14, SHT, 3 - ~ :J: < i!; , % ~ i!; , (f) ... ~ ~ \ W ~ \ w (f) \ .1 ~.~ 10' PSDE- \ ~I"':; 8 I~ TRACT A , --- SEE NaTE 6 , I SEE NOTE 13 I ~ ON SHffi 3 STORM DRAINAGE FACILITIES -- L ON SHEET 3 ~ 1<; , ! NB8'5S'2B'W 100,00' -\ ~ ~ '\ i ~ 9 THIS PORTION IS DEOICATEO TO THE PUBUC ')~ USE FOR ROAD PURPOSES UPON THE 7 . i SEE NOTES 9 RECORDING Of THIS PLAT III AND 13, SHT. 3 ~ 22' SEE NOTE 13 ~ , ON SllEET 3 \ " " _\ !- _\ !- 41 ' < , UNPLATTED I S89'15 19 r 412.71 -' \- I uNPLATTED , - - I \ - - I 22' 29,33' e to..: ~ I ~ A ~ ~ JOB NO. 11529 Barghausen Consulting Engineers, Ino, ;3 Civil Engineering, Land Planning, Surveying, Environmental Services E 18215 72nd Avenue South Kent, WA. 98032 Iii Telephone: (425) 251-6222 Fa,: (425) 251-8782 ~ NW4 OF SE4, AND NE4 OF SW4, SEC, 15-T21N-R4E, W.M. DOES FILE NO. L02P0013 SHEET 5 OF 6 ---I - ------- -------------------- 9 -'0 9 133HS '""'0' \:lOOdZOl .ON 3ll.:! 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'.- OO.OS _.. , .- ,6g'FJZl 3Sg,FJO.6EJS '" I ,OO'Ogl 3.gg,FJO.6EJS -L,I \ q, ~ "" \ ,- SO't9L ,0008,l' ...... ~I _ _ ,OO69l _ _ -\,l - ~- J.33t:1J.S HJ.8~t HJ.nOS S L NO~03S JO M3lN30 ~ \ .NOIlVOOl !/Ool ~ illHS 335 - - - I 3dld NOMI ONllO.J I ~ N01E:>NIHSV M 'A1NnO~ E:>NI>I 'A V M lV~303.:1 .:10 A11~ NVIOU:13fI\J 3113f1\JV111M 'lSV3 V 3e>N\f~ 'H11::I0N ~G dlHSNMOl 'g~ NOI1~3S .:10 11\f 'v /~ 3S 3Hl .:10 V /~ MN 3Hl .:10 ONV V /~MS 3Hl .:10 V /~ 3N 3Hl .:10 NOI11::I0d V ONV '9909LO~ dSO>l '8 101 ONV 900GBv dSO>l '~ 101 'vOOGBv dSO~ 'G 101 .:10 1 V1d3~ V I 8 NOISIAIO 380ltJ 3>1V1HltJON \.... 3~Vd/3~n10^ __....._.___,..._.___.______..w. . _ . __~_.._ ___.__. ."_ ..._._.__.._______._.~.._ __..._._.._.____.____._._.........__...._.... _ . _"."."..__ _._ _m_____n__.."..."..............__ .._...__, .._..___ _.". ------- COUNCIL MEETING DATE: ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENTS TO THE KING COUNTY COUNTYWIDE PLANNING POLICIES POLICY QUESTION: SHOULD THE CITY COUNCIL RATIFY TWO AMENDMENTS TO THE KING COUNTY COUNTYWIDE PLANNING POLICIES? COMMITTEE: LUTC MEETING DATE: June 19,2006 CATEGORY: Igl Consent 0 Ordinance 0 Public Hearing o City Council Business 0 Resolution 0 Other STAFF REpORT By: Kathy McClung, Director DEPT: Commu.~ity ~~~~lo~~~~!___________ ......_......................_..__.._...."._..m......~....................._..__......_........................__m.mm_...._..._........_..... ...........m.........._._................. .............._ ...............__........................__.._..m_..._._._._......__.._ .._.._._.._....__ _ ~......_ _ M"__ The City has received a request from King County to review and ratify amendments to the King County Countywide Planning Policies (CPPs) (Exhibit A). Under the Growth Management Act (GMA), countywide planning policies serve as the framework for each individual jurisdiction's comprehensive plan, and ensure regional consistency with respect to land use planning efforts. The CPPs were developed by the Growth Management Planning Council (GMPC), adopted by the King County Council, and ratified by the cities in 1994. Subsequent amendments to the CPPs are recommended by the GMPC, adopted by the King County Council, and ratified by the cities. Amendments to the CPPs become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County. A city shall be deemed to have ratified the amendments unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. The 90-day deadline for this proposed amendment is July 24, 2006. The amendments are described as follows: Ordinance No. 15426 (GMPC Motion Nos. 05-1 and 05-2) (Exhibit B)- Motion 05-1 - Amend the Interim Potential Annexation Area of the City of Kent. Motion 05-2 - Amend the Countywide Planning Policies by designating South Lake Union area of Seattle as an Urban Center. The following definitions are provided to assist you with this report: Countywide Planning Policy (CPP) - Policies created by the GMPC and adopted by the county and cities that provide basis for comprehensive planning and compliance to the GMA. Growth Management Planning Council (GMPC) - A formal body comprised of elected officials from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. Potential Annexation Area (P AA) - Designated areas in the county that will eventually be annexed into adjacent cities. Urban Center - Areas within incorporated cities that are intended to receive a high level of growth. Urban centers must meet certain criteria to be so designated. Federal Way's City Center Core zoned area has been designated an urban center. II. DISCUSSION A discussion of the amendments is included in a short report by King County staff (Exhibit C). Neither of the recommended changes impact Federal Way. Attachments: Exhibit A - Request from King County; Exhibit B - Proposed King County Ordinance; Exhibit C - King County Staff Report OPTIONS CONSIDERED: 1) Recommend that the full Council adopt the amendments to the King County Countywide Planning Policies as recommended by staff. 2). Recommend that the fuD Council disapprove the amendments to the King County Countywide Planning Policies. __.___..______......._._.._......__......__n___...........___._~___._.._.__...___..._._.....__m_._....__._._._d__..__...__..__..__.._._.....____..___..._.._.__.__..___.__................_.._........__.___._._.._......__._.__.~__ STAFF RECOMMENDATION: Recommend adoption of the amendments to the King County Countywide Planning Policies. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Council Committee Council COMMITTEE RECOMMENDATION: RECOMMEND APPROVAL OF THE AMENDMENTS TO THE KING COUNTY COUNTYWiDE PLANNING POLICIES. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move approval of the LUTC recommendation for amendment to the King County Countywide Planning Policies. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERREDINO ACfION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # Cc-y Y\ I 'v:> (-r rl ... @ EXHIBIT A I in) fE ~ IE ~\V7 ~qR1 PAGELOE ~' i 1-..1 I I I i 1~'1 \ i! I d j ! i 1 ; ~ i J I ! i 1 LlI MAY 1 8 2006~... J I King County ,~ J ____._j --' - City Clerks Oil", J City of Federal 'N,v cr:.. ~ ~'-'-Y\ May 15, 2006 CD hie.- The Honorable Michael Park City of Federal Way 33325 8th Ave. South P.O. Box 9718 Federal Way, WA 98063 Dear Mayor Park: We are pleased to forward for your consideration and ratification the enclosed amendments to the King County Countywide Planning Policies (CPP). On April 24, 2006, the Metropolitan King County Council approved and ratified amendments on behalf of unincorporated King County. Copies of the King County Council staff report, ordinance and Growth Management Planning Council motions are enclosed to assist you in your review of these amendments. . Ordinance No. 15426, GMPC Motion Nos. 05-1 and 05-02, amending the Countywide Planning Policies by amending the interim potential annexation areas map and ratifying the amended Countywide Planning Policies for unincorporated King County. In accordance with the Countywide Planning Policies, FW-1, Step 9, amendments become effective when 'ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the interlocal agreement. A city will be deemed to have ratified the amendments to the Countywide Planning Policies unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90-day deadline for this amendment is July 24, 2006. . @ "((:"'C,,-fO .......(.. -- _._._~ ------- EXHIBIT A PAGE--2-0F: ~ If you adopt any legislation relative to this action, please send a copy of the legislation by the close of business, July 24, 2006, to Anne Noris, Clerk of the Council, W1039 King County Courthouse, 516 Third Avenue, Seattle, WA 98104. If you have any questions about the amendments or ratification process, please contact Paul Reitenbach, Senior Policy Analyst, King County Department of Development and Environmental Services, at 206-296-6705, or Rick Bautista, Council Staff, King County Council, at 206-296-0329. Thank you for your prompt attention to this matter. Sincerely, . Ron Sims King County Executive Enclosures cc: King County City Planning Directors Suburban Cities Association Stephanie Warden, Director, Department of Development and Environmental Services (DOES) Paul Reitenbach, Senior Policy Analyst, DOES Rick Bautista, Council Staff, Growth Management & Natural Resources Committee (GM&NR) -Sc~ i b+ 13 KING COUNTY 1200 King County Courthouse 516 Third Avenue Seanle, Wk98l04 Signature Report EXHIBrr f3 April 24, 2006 PAGE I OF:/~ Ordinance 15426 Proposed No. 2006-0074.1 Sponsors Constantine I AN ORDINANCE adopting amendments to the 2 Countywide Planning Policies; amending the interim 3 potential annexation areas map and ratifying theamended 4 Countywide Planning Policies for unincorporated King 5 County; and amending Ordinance 10450, Section 3, as 6 amended, and K.C.c. 20.10.030 and Ordinance 10450, 7 Section 4, as amended, and K.C.C. 20.10.040. . 8 9 10 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: II SECTION 1. Findings. The council makes the following findings: 12 A. The metropolitan King County council adopted and ratified the Growth 13 Management Planning Council recommended King County 2012 - Countywide Planning 14 Policies (Phase I) in July 1992, under Ordinance 10450. 15 B. The metropolitan King County council adopted and ratified the Phase II 16 amendments to the Countywide Planning Policies on August 15, 1994, under 9rdinance 17 11446. 1 EXHIBIT 6. Ordinance 15426 ~PAGE~OF: l~ 18 C. The Growth Management Planning Council met on September 21, 2005 and 19 voted to recommend amendments to the King County Countywide Planning Policies, 20 amending the interim potential annexation areas map as shown in Attachment A to this 21 ordinance and designating South Lake Union an Urban Center as shown on Attachment B 22 to this ordinance. 23 SECTION 2. Ordinance 10450, Section 3, as amended, and K.C.C. 20.10.030 are 24 each hereby amended to read as follows: 25 Phase II. I 26 A. The Phase II Amendments to the King County 2012 Countywide Planning I 27 Policies attached to Ordinance 11446 are hereby approved and adopted. 28 B. The Phase II Amendments to the King County 2012 - Countywide Planning 29 Policies are amended, as shown by Attachment 1 to Ordinance 12027. 30 C. The Phase II Amendments to the King County 2012 - Countywide Planning 31 Policies are amended, as shown by Attachment 1 to Ordinance 12421. 32 D. The Phase II Amendments to the King County 2012 - Countywide Planning 33 Policies are amended, as shown by Attachments I and 2 to Ordinance 13260. 34 E. The Phase II Amendments to the King County 20 I 2 - Countywide Planning 35 Policies are amended, as shown by Attachments I through 4 to Ordinance 13415. 36 F. The Phase II Amendments to the King County 2012 - Countywide Planning 37 Policies are amended, as shown by Attachments I through 3 to Ordinance 13858. 38 G. The Phase II Amendments to the King County 2012 - Countywide Planning 39 Policies are amended, as shown by Attachment 1 to Ordinance 14390. 2 Ordinance 15426 EXHIBIT.8 I~ PAGE '3 OF 40 H. The Phase II Amendments to the King County 2012 - Countywide Planning 41 Policies are amended, as shown by Attachment 1 to Ordinance 14391. 42 I. The Phase II Amendments to the King County 2012 - Countywide Planning 43 Policies are amended, as shown by Attachment 1 to Ordinance 14392. 44 J. The Phase II Amendments to the King County 2012 - Countywide Planning 45 Policies are amended, as shown by Attachment 1 to Ordinance 14652. 46 K. The Phase II Amendments to the King County 2012 - Countywide Planning 47 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653. 48 L. The Phase II Amendments to the King County 2012 - Countywide Planning 49 Policies are amended, as shown by Attachment 1 to Ordinance 14654. 50 M. The Phase II Amendments to the King County 2012 - Countywide Planning 51 Policies are amended, as shown by Attachment 'I to Ordinance 14655. 52 N. The Phase II Amendments to the King County 2012 - Countywide Planning 53 Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656. 54 O. The Phase II amendments to the King County 2012 - Countywide Planning 55 Policies are amended, as shown by Attachment A to Ordinance 14844. 56 P. The Phase II Amendments to the King County 2012 - Countywide Planning 57 Policies are amended as shown by Attachments A, Band C to Ordinance 15121. 58 Q. The Phase II Amendments to the King County 2012 - Countywide Planning 59 Policies are amended, as shown by Attachment A to Ordinance 15122. 60 R. The Phase II Amendments to the King County 2012 - Countywide Planning 61 Policies are amended, as shown by Attachment A to Ordinance 15123. 3 Ordinance 15426 EXHISrr ..jj ~Of f:A , 62 S. Phase II Amendments to the Kin~ County 2012 - CountyWide Planning 63 Policies are amended. as shown by Attachments A and B to Ordinance xxx. 64 SECTION 3. Ordinance 10450, Section 4, as amended, and K.C.C. 20.10.040 are 65 each hereby amended to read as follows: 66 Ratification for unincorporated King County. 67 A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes 68 specified are hereby ratified on behalf of the population of unincorporated King County. 69 B. The amendments to the Countywide Planning Policies adopted by Ordinance 70 10840 are hereby ratified on behalf of the population of unincorporated King County. 71 C. The amendments to the Countywide Planning Policies adopted by Ordinance 72 11061 are hereby ratified on behalf of the population of unincorporated King County. 73 D. The Phase II amendments to the King County 2012 Countywide Planning 74 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of 75 unincorporated King County. 76 E. The amendments to the King County 2012 - Countywide Planning Policies, as 77 shown by Attachment I to Ordinance 12027 are hereby ratified on behalf of the 78 population of unincorporated King County. 79 F: The amendments to the King County 2012 - Countywide Planning Policies, as 80 shown by Attachment I to Ordinance 12421, are hereby ratified on behalf of the 81 population of unincorporated King County. 82 G. The amendments to the King County 2012 - Countywide Planning Policies, as 83 shown by Attachments I and 2 to Ordinance 13260, are hereby ratified on behalf of the 84 population of unincorporated King County. 4 EXHIBIT_.h - Ordinance 15426 ~ 5 OF !;A- .... 85 H. The amendments to the King County 2012 - Countywide Planning Policies, as 86 shown by Attachment 1 through 4 to Ordinance 13415, are hereby ratified on behalf of 87 the population of unincorporated King County. 88 I. The amendments to the King County 2012- Countywide Planning Policies, as 89 shown by Attachments 1 through 3 to Ordinance 13858, are hereby ratified on behalf of 90 the population of unincorporated King County. 91 J. The amendments to the King County 2012 - Countywide Planning Policies, as 92 shown by Attachment 1 to Ordinance 14390, are hereby ratified on behalf of the 93 population of unincorporated King County. 94 K. The amendments to the King County 20 I 2 - Countywiqe Planning Policies, as 95 shown by Attachment 1 to Ordinance 14391, are hereby ratified on behalf of the 96 population of unincorporated King County. 97 L. The amendments to the King County 2012 - Countywide Planning Policies, as 98 shown by Attachment I to Ordinance 14392, are hereby ratified on behalfofthe 99 population of unincorporated King County_ 100 M. The amendments to the King County 2012 - Countywide Planning Policies, as 101 shown by Attachment I to Ordinance 14652, are hereby ratified on behalf of the 102 population of unincorporated King County. 103 N. The amendments to the King County 20 I 2 - Countywide Planning Policies, as 104 shown by Attachments I through 3 to Ordinance 14653, are hereby ratified on behalf of 105 the population of unincorporated King County. 5 E~HIB1T f2=> , Ordinance 15426 -i~ . . I .. ..... . PAGE 0 ~~ 106 O. The amendments to the King County 2012 - Countywide Planning Policies, as 1 107 shown by Attachment I to Ordinance 14654, are hereby ratified on behalf of the 108 population of unincorporated King County. 109 P. The amendments to the King County 2012 - Countywide Planning Policies, as 110 shown by Attachment 1 to Ordinance 14655, are hereby ratified on behalf of the 111 population of unincorporated King County. 112 Q. The amendments to the King County 2012 - Countywide Planning Policies, as 113 shown by Attachments 1 and 2 to Ordinance 14656, are hereby ratified on behalf of the 114 population of unincorporated King County. 115 R. The amendments to the King County 2012 - Countywide Planning Policies, as 116 shown by Attachment A to Ordinance 14844, are hereby ratified on behalf of the 117 population of unincorporated King County. 118 S. The amendments to the King County 2012 - Countywide Planning Policies, as 119 shown by Attachments A, Band C to Ordinance 15121, are hereby ratified on behalf of 120 the population of unincorporated King County. 121 T. The amendments to the King County 2012 - Countywide Planning Policies, as 122 shown by Attachment A to Ordinance 15122, are hereby ratified on behalf of the 123 population of unincorporated King County. 124 U. The amendments to the King County 2012 - Countywide Planning Policies, as 125 shown by Attachment A to Ordinance 15123, are hereby ratified on behalf of the 126 population of unincorporated King County. 6 ---~ ---- - EXHIBrr 0 Ordinance 15426 I~ PAGE I Of 127 V. The amendments to the King County 2012- Countywide Planning Policies. as 128 shown by Attachments A and B to Ordinance xxx, are hereby ratified on behalf of the 129 population of unincorporated King County. 130 Ordinance 15426 was introduced on 3/6/2006 and passed by the Metropolitan King County Council on 4/24/2006, by the following vote: Yes: 8 - Me. Phillips, Mr. von Reichbauer, Ms_ Lambert, Mr. Dunn, Mr. Gossett, Ms. Hague, Ms. Patterson and Me. Constantine No: 0 Excused: I - Me. Ferguson KING COUNTY COUNCIL KING COUNTY, WASH . ATTEST: '" {~ -,J:: c::> -- c:> ,... en -~ .H :::t: ,.-..} r-r"l -, ::;'ct I' . > -< .'-" Anne Noris, Clerk of the Council -" I '- -' 7......."'" ~~~ W ~ ~ : - --c.." ."" 4J ,.r . ~:-c:. -.- .----", ~ r-n APPROVED this ~ day of J1\~ t;,~) ~ , 2006. c ..,- ~-- .. . ' \ I ---' C, - --- r-J Attachments A. Motion No. 05-1 and Map, B. Motion No. 05-2 and Map 7 ---..-.--- IS 420 J 't;.Xt'lHJ; 8. ~' 0 06 0 7 ..... ~.._-- . - 4 _._-_..~ 9/21/05 PAGE-LOF: '., ~~ -.~ Attachment A Sponsored By: Executive Committee /pr 1 MOTION NO. 05-1 2 A MOTION to amend the interim Potential Annexation Area 3 map in the Countywide Planning Policies. 4 5 6 7 WHEREAS, Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative 8 designation of Potential Annexation Areas (P AA) and the eventual annexation of these 9 areas by cities. 10 11 WHEREAS, the attached P AA map amendment corrects an error on the interim P AA map 12 by deleting a 30.3 acre area from the City of Tukwila' s P AA and adding this area to the 13 City of Kent P AA. 14 15 WHEREAS. the attached P AA map amendment is supported by the City of Tukwila and 16 the City of Kent. 17 18 BE IT RESOLVED lHAT TIlE GROWTH MANAGEMENT PLANNING COUNCIL OF 19 KING COUNTY HEREBY MOVES AS FOLLOWS: 20 21 22 1. Amend the Interim Potential Annexation Area ~ap by including the 30.3 -acre area in 23 the Potential Annexation Area of the City of Kent. 24 25 2. This amendment is recommended to the Metropolitan King County Council and the 26 Cities of King County for adoption and ratification. 27 28 ADOPTED by the Growth Management Planning Council of King County on 29 September 21, 2005 in open session and signed by the chair of the GMPC. 30 31 32 33 Ron Sims, Chair, Growth Management Planning Council 34 - 1 - 15-42-6 .; EXHIBIT_. 13..,,~=~.9.() ( g~. {\ ~ mentA If PAGE G1 O~i ~..~_, ~ .~ 'Vu . + Propos~ent <8 Interim P AA Map Amendment King County 1M ........... hduote4 _ IIlIIi __ hM ~ ~ ., 1Gr,.c.au.., ....'""" .-M,cI_..........d..do-oe .............. JCint c....q --- .. .............. Of CJ --...- - ....... - .. --..y. --- Proposed ATea ........, ... tigtt& II> _... _1Ucb.......... 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Executive Committee /th I MOTION NO. 05-02 2 A MOTION to amend the Countywide Planning Policies by 3 designating the South Lake Union area of Seattle as an Urban 4 Center. South Lake Union is added to the list of Urban 5 Centers foHowing Countywide Planning Policy LU-39. 6 7 8 .9 WHEREAS, a goal of the Growth Management Act is to encourage development in Urban 10 Areas where adequate public facilities exist or can be provided in an efficient manner; 11 12 WHEREAS, Policy LU-39 of the Countywide Planning Policies of King County describes 13 the criteria for Urban Center designation; 14 15 WHEREAS, Policy LU-40 of the Countywide Planning Policies of King County describes 16 standards for planned land uses within Urban Centers; 17 18 WHEREAS, the City of Seattle has demonstrated that South Lake Union meets the criteria 19 for designation as an Urban Center, and 20 21 WHEREAS, King County Comprehensive Plan Policy U-I 08 supports the development of 22 Urban Centers to meet the region's needs for housing, jobs, services, culture and recreaton 23 and to promote health. 24 25 BE IT RESOL YED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF 26 KING COUNTY HEREBY MOVES AS FOLLOWS: 27 28 29 l. The South Lake Union area of Seattle is designated as an Urban Center. The list of 30 Urban Centers following Countywide Planning Policy LU-39 is modified to include 31 South Lake Union. 32 33 2. This amendment is recommended to the Metropolitan King County Council and the 34 Cities of King County for adoption and ratification. 35 36 - 1 - EXHIBIT .B t~-~15426 'J PAGEJLOf: . 1 ADOPTED by the Growth Management Planning Council of King County on 2 September 21, 2005 in open session and signed by the chair of the GMPc. 3 4 5 6 Ron Sims, Chair, Growth Management Plarining Council 7 - 2 - ~_5426 2006-074 South lake Union Boundaries EXHIBIT B -. PAGEROE f~ Lake Union - ;- _._-~ L .....~ ....... . --~r ; :.~:.~l~-...~ . '.L:1. Parcels D Urban Center Boundary City of Seattle - OPD - Park Hay 19.2005 EXHIBIT ~- . PAGEioE .A@ Metropolitan King County Council Growth Management and Unincorporated Areas Committee Revised Staff Report Agenda Item: 5 Name: Rick Bautista Proposed Ord: 2006-0074 Date: March 21, 2006 (Adoption of GMPC Motions 05-1 and 05-2) Attending: Paul Reitenbach, DOES SUBJECT: Adopting amendments to the Countywide Planning Policies to correct a mapping error that affects 30 acres of the potential annexation area (PM) for the City of Kent and to designate South lake Union as an Urban Center. BACKGROUND: The Growth Management Planning Council and Countywide Planning Policies The Growth Management Planning Council (GMPC) is a formal body comprised of elected officials from King County, Seattle, Bellevue, the Suburban Cities, and SpeciafOistricts. The GMPC was created in 1992 by interlocal agreement, in response to a provision in the Washington State Growth Management Act (GMA) requiring cities and counties to work together to adopt Countywide Planning Policies (CPPs). Under GMA, countywide planning policies serve as the framework for each individual jurisdiction's comprehensive plan, and ensure countywide consistency with respect to land use planning efforts. As provided for in the interlocal agreement, the GMPC developed and recommended the CPPs, which were adopted by the King County Council and ratified by the cities. Subsequent amendments to the CPPs follow the same process: recommendation by the GMPC, adoption by the King County Council, and ratification by the cities. Amendments to the CPPs become effective when ratified by ordinance or resolution by at least 30% of the city and county governments representing at least 70% of the population of King County. A city shall be deemed to have ratified an amendment to the CPPs unless, within 90 days of adoption by King County, the city by legislative action disapproves it. SUMMARY: Proposed Ordinance 2006-0074 would adopt the following two motions (05-1 and 05-2) approved by the GMPC in September 2005: . GMPC Motion 05-1 would correct a mapping error that affects 30 acres of the PM for the City of Kent. . GMPC Motion 05-2 would amend the CPP Policy LU-39by adding South Lake Union to the list of Urban Centers. The ordinance would also ratify the change on behalf of the population of unincorporated King County, as required by Countywide Planning Policy FW-1, Step 9. I~ -- - - , ~ ~j t'.t ~ 1<1.<' ~ ~" ""';: ~ ~~}: J, t .__~~,~ - PAGe :2 OF: .;<-. In order to be designated as an Urban Center, Junsm-ctlons must meet specific criteria in the Countywide Planning Policies, including having planned land uses to accommodate: . A minimum of 15,000 jobs within one-half mile of a transit center; . At a minimum, an average of 50 employees per gross acre; and . At a minimum, an average of 15 households per acre. In addition to these requirements, Policy lU-40 states that fully realized Urban Centers shall be characterized by the following: . Clearly defined geographic boundaries; . An intensity/density of land uses sufficient to support effective and rapid transit; . Pedestrian emphasis within the Center; . Emphasis on superior urban design which reflects the local community; . Limitations on single-occupancy vehicle usage during peak commute hours; . A broad array of land uses and choices within those land uses for employees and residents; . Sufficient public open spaces and recreational opportunities; and . Uses which provide both daytime and nighttime activities in the Center. GMPC Recommendation The GMPC, through the adoption of Motion 05-1, has declared that the City of Seattle has demonstrated its commitment to developing a fully realized Urban Center at South lake Union as envisioned in the Countywide Planning Policies. A complete analysis of the city's proposal as presented to the GMPC is included as Attachment 4 to this staff report. Specific factors leading to the GMPC action are that South lake Union: . Is adjacent to three of Seattle's existing urban centers, and together with those other centers, forms the geographic basis of the City's Center City strategy. This strategy aims to attract and accommodate high-quality urban development serving both the region's and the City's goals. . Is in a key location within the regional transportation system, between 1-5 and SR99. . Contains a wide mix of uses, including major employers like the Fred Hutchinson Cancer Research Center, the Seattle Times, and PEMCO Insurance, along with a growing amount of residential uses. . Already exceeds the CPPs' employment criteria, for both the number and density of jobs. The area currently has over 19,000 jobs, which is about 57 jobs per acre, compared to the criteria of 50 jobs per acre. The City has established a growth target for South lake Union of 16,000 additional jobs over the next 20 years, which would increase the density to over 100 jobs per acre. . Is being planned to accommodate an additional 8,000 housing units over the next 20 years, producing a density of 27 housing units per acre within the Center, compared to the criteria that calls for 15 units per acre. . Exceeds PSRC's criteria for a regional growth center. There are currently 60 activity units (population + employment per gross acre) in South lake Union, while the PSRC criteria call for