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Council PKT 12-04-2012 SpecialCITY OF � Federal Way AGf N DA FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall December 4, 2012 6:00 p.m. www. cityoffederalwa y. com 1. CALL MEETING TO ORDER 2. WYNSTONE EAST (CAMPUS CREST) Final Plat 3. ADJOURNMENT COUNCIL MEETING DATE: December 4, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJEGT: WYNSTONE EAST FINAL PLAT APPROVAL (AKA CAMPUS CREST� ITEM #:�_ POLICY QUESTION: Should the City Council adopt a resolution approving t�e Final Plat of Wynstone East? COMMiTTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing � City Council Business STAFF REPORT BY: Senior Planner Janet Attachments: Staff Report, Draft Resolution Options Considered: � Resoiution AICP 1. Approve the Final Plat and resolution as presented. 2. Modify the Finai Plan and/or resolution and approve as modified. 3. Not approve the Final Plat ❑ Other DEP'r: CED MAYOR'S RECOMMENDATION: Adopt the Resolution approving the Final Piat of Wynstone East MAYOR APPROVAL: N/A Committee COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Resolution 12- approving the Wynstone East Final Plat. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # L7 DENIED 1sT reading � TABLED/DEFERRED/NO ACTION L7 MOVED TO SECOND READING (ordinarrces only) REVISED — 08/12/2Q10 DoC. I.D. Enactment reading ORDINANCE # RESOLUTION # ` � CITY OF � Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval WYNSTONE EAST (AKA CAMPUS CREST) FINAL PLAT. Federal Way File No.12-102820-00-SU I RECOMMENDATION City of Federal Way staff has reviewed the final plat of Wynstone East (aka Campus Crest) for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II INTRODUCTION Date: November 27, 2012 Request: Request for final plat approval for the Wynstone East subdivision. Description: Wynstone East is a proposed 114-1ot single-family subdivision on approximately 22.6 acres. The preliminary plat ("Campus Crest") was granted approval by the Federal Way City Council on March 15, 2005, per City Council Resolution OS-443. Access to Wynstone East is from Southwest Campus Drive via 9�' Avenue SW and from 12`�' Avenue SW via SW 341gt Street. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or fmancially guaranteed. Owner: Quadrant Homes 14725 SE 36�' Street, Suite 100 Bellevue, WA 98006-1606 Engineer: Bazghausen Consulting Engineers Inc. 18215 72"d Avenue South Kent, WA 98032 425-251-6222 Location: The subject property is located in the City of Federal Way, on the south side of SW Campus Drive, in the 900 block (Exhibit A— Vicinity Map). Sewage Disposal: Water Supply: Fire District: School District: Report Prepared By: Lakehaven Utility District Tacoma Water District South King Fire and Rescue Federal Way School District Senior Planner Janet Shull, AICP III HISTORY AND BACKGROUND The 114-1ot Campus Crest Preliminary Plat was granted approval by the Federal Way City Council on March 15, 2005, per Resolution OS-443(Exhibdt D). The 22.6 acre subdivision includes designated Access « » « �, « » « , Easement Tracts (Tract C, Tract E, Tract I, and Tract J' ); Storm Drainage Tract (Tract "H"); Landscape Tracts (Tract "G," Tract "F," and Tract "M"); and Open Space Tracts (Tract "D," Tract "K," and Tract "L") (Exhibit B— Final Plat Map). Note: Open Space Tracts A and B as indicated on the approved preliminary plat map were eliminated. This was anticipated in the approved preliminary plat, and open space fee-in-lieu calculations have been revised to reflect the reduction in on-site open space (see Section VI-4 of this staff report). A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Wynstone East is attached (Exhibit �. Zoning for the site is Multifamily, RM 3600. The Wynstone East plat is a standard subdivision under the codes, and the minimum permitted lot size is 5,000 square feet. The lot sizes on the Wynstone East final plat range from 5,000 square feet to 7,935 square feet, with the average size being approximately 5,619 square feet. The applicant applied for engineering approval on November 29, 2006. Engineering approval (Notice to Proceed) was granted on July 18, 2008, and site work commenced shortly thereafter. Clearing and grading activities ran through the summer of 2008. Work was stopped in early November 2008 due to concerns with stormwater discharge during construction activities. On May 28, 2010, the applicant was granted a two-year plat extension per state law changes that allowed up to seven years for plat completion. On October 19, 2011, the applicant was granted an additional two-year extension to complete the site work as the site had sat vacant for a period af time due to the economic downturn and ownership transfer. The current owner resumed site work during the spring/summer of 2012, extending into the fall of 2012. The developer applied for final plat approval on June 20, 2012, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Federad Way Revised Code (FWRC) 18.40.050, the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminaxy plat approval and subsequent approved modifications; 2) the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) a11 required improvements have been made or sufficient security has been accepted by the city. Wynstone East (aka Campus Crest) File #12-102820-00-SU / Doc ID 62409 Staff Report for Request for Final Plat Approval Page 2 of 8 � City of Federal Way staff has reviewed the Wynstone East final plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or fmancially secured as allowed by FWRC 18.40.040. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution OS-433). Required improvements have been completed or financially secured as allowed by FWRC 18.40.040. Conditions of Approval for Preliminary Plat (Resolution 05-433) The following conditions are per the Hearing Examiner Decision incorporated by reference into Resolution OS-433. 1. The Campus Crest preliminary plat sha11 not be deemed approved unless the proposed Campus Crest Concomitant Agreement is concurrently approved, and allows the site to be developed with single- family housing. Staff Response: This condition has been met. The Concomitant Agreement was approved by the City Council in conjunctdon with the passage of Resolution OS-433 and was recorded June 3, 2005 (recording no. 20050603001038). 2. Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised landscape plan that includes the following landscaping to be approved by the city: a. Arterial buffer landscaping in Tracts F and G per FWCC Section 20-178 and in compliance with the accompanying Concomitant Agreement. In order to insure the long-term viability and maintenance of the landscape screen in Tracts F and G, irrigation of these landscape areas is required. The applicant shall coordinate the landscape plan in Tract F and G with Lakehaven Utility District, and provide written approval of the plan from Lakehaven in respect to potential conflict with Lakehaven Utilities located within these tracts: b. Landscaping adjacent to retaining walls in Tracts F, G, and H shall be appropriate type, size, and density to provide visual separation and screening ofthe walls, and provide a visual enhancement to the site; a Street trees in right-of-way landscape planter strips per Public Works Department Standards; d. Landscaping of Tract M adjacent to Road B shall be planted with Type III landscaping including trees, shrubs, and groundcover, to provide a visual separation between the public right-of-way and the proposed stormwater facilities. This landscape tract shall be owned and maintained by the homeowners' association. If cyclone fencing is used around the strnm drainage ponds, the fencing shall be coated black or green; e. Signifcant tree replacement in accordance with FWCC requirements. Sta,f,�'Response: This condition has been met. The applicant submitted a landscape plan that was reviewed by city sta, f�'and Lakehaven Utility District. The final landscape plan was approved on March 30, 2012. All on-site landscaping has been installed, inspected, and approved. 3. Prior to approval of engineering construction plans, the applicant shall provide the city a significant tree survey based on an acceptable statistical forestry sampling methodology to accurately determine the number of significant trees on the site. The applicant shall also provide a significant tree replacement plan, to replace at least 25 percent of the significant trees removed from the site. Wynstone East (aka Campus Crest) Stafi Report for Request for Final Plat Approval File #12-102820-00-SU / Doc ID 62409 Page 3 of 8 Pursuant to FWCC Section 20-186,' areas of the plat where significant trees are removed for subdivision improvements (infrastructure) are not subject to significant tree replacement. The significant tree replacement plan shall be approved by the Department of Community Development Services prior to engineering plan approval. The replacement trees sha11 be planted by the applicant and inspected by the Department of Community Development Services prior to final plat approval. Staff Response: This condition has been met. The applicant submitted a tree retention plan that was reviewed and approved by staff on March 30, 2012. The site was planted per the plan and inspected and approved by the Department of Community and Economic Development prior to final plat approval. 4. Design and construction of the project shall comply with all requirements and recommendations of the project geotechnical engineer. Staff Response: This condition has been met. A geotechnfcal engineer was onsite throughout construction to oversee grading, compaction testing, slope and wall construction, and paving. 5. Prior to final plat approval, the applicant shall provide a paved trail connecting Tract D to the . adjacent BPA Trail. The plan for the trail connection shall be reviewed and approved by the Public Works and PARCS Departments in conjunction with engineering plan review. Staff Response: This condition has been met. A paved traid/stair was constructed within Tract D per the plan that was approved by Public Works and PARCS Departnnents. 6. On the final plat map, Tract M shall be revised to include any proposed retaining walls within the south side of Tract H. The retaining walls, if included in the plat construction, shall be owned and maintained by the future homeowners' association. Staff Response: This condition has been met. The boundaries of Tract M were revised to include retaining walls on the south side of Tract H. Note 11 on Sheet 3 of the Fdnal Plat drawings specifies that the walls shall be owned and maintained by the future homeowners' association. 7. Prior to approval of construction plans, the applicant shall provide written correspondence from the Federal Way Public School District regarding the District's commitment to eliminating an existing easement on the site. Prior to final plat approval, the applicant shall document to the City that the existing school district easement has been extinguished. Staff Response: This condition has been met. The appdicant has provided a copy of the Release of Easement, recording number 20120215002210, between the Federal Way Public School District and The Quadrant Corporation. 8. If included in the final engineering design, retaining walls and rockeries on individual lots shall be harmonious with the residential use of the site and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation screening, and textural treatment to be designed by the applicant and approved by the Community Development Services Department. 1 This section of the FWCC has been superseded by FWRC Chapter 19.120, Article III, "Tree and Vegetation Retenrion Requirements," so the refereT►ced citation is pursuant to the zoning code in effect at the time of vesting as it applies to this project. Wynstone East (aka Campus Crest) File #12-102820-00-SU / Doc ID 62409 Staff Report for Request for Final Plat Approval Page 4 of 8 Due to proximity to Campus Drive and the potential aesthetic impact from large untreated walls, retaining walls shall be a maximum height of four feet within Tract G and a maximum height of nine feet of exposed surface above grade in Tract M. Any walls in Tract M shall include but are not limited to the following design features; horizontal and vertical undulation, terracing with a minimum width of six feet between terraces to allow a safe area for maintenance; landscape screening; and wall texturing. Staff Response: This condition has been met. No walls were incduded in Tract G. Wadls in Tract M are constructed of rockery and are screened with landscaping from public view. Walds within individual lots were not included in the final engineering design for the pdat. 9. Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards for the site frontage along SW Campus Drive. Prior to construction, the applicant sha11 provide approval of the landing design and location from Metro. Due to other development in the area of the site, Metro may determine the site frontage is not the appropriate location for a future bus stop, and these improvements would not be required if so determined by Metro. Staff Response: This condition has been met. Two bus pads were located on SW Campus Drive, one to the east of 9`" Avenue SW and the other at the east end of the project frontage improvements. King County Metro determdned that neither pad required a shelter at this time. 10. Improvements for the project include the off-site connection of Road D to the 10`� Avenue SW stub in Campus Highlands. Design and construction of the extension shall meet applicable City standards and be reviewed by Bonneville Power Administration. The design and construction of 10`� Avenue SW sha11 include a raised crossing per City standards at the BPA Trail for safety purposes. Sta,f,�'Response: This condition has been met. Tenth Avenue SW has been connected to the development via 11 `h Avenue SW, a new road within the plat. The Bonneville Power Administration reviewed the plans. The raised crossing was constructed and meets city standards. . 11. On the final plat map, roadway "D" and a portion of road "C", from the existing terminus of 10"' Avenue SW in Campus Highlands extending to the point where Road D(and portion of Road C) connects to 12`� Avenue SW, shall be revised to be a 56-foot wide right-of-way, with a 36-foot paved roadway, and two-foot utility easements on either side (Roadway Section `S' — Minor Collector). The street connection to 12�' Avenue SW at SW 343`� Place. Fina1 road alignment will be determined during engineering plan review. Tracts A and B, as shown on the plans, may be eliminated or revised upon final road alignment. Staff Response: This conddtion has been met. Roadway "D, " now 11 `" Avenue SW, and Roadway "C, " now SW 341s` Street, meet the required roadway cross section. V SEPA CONDITIONS 1. Clearing, grading, and street/utility work for the plat improvements is not permitted from October 31 to March 30, unless approved in writing by the Public Works Director. Wynstone East (aka Campus Crest) File #12-102820-00-SU / Doc ID 62409 Staff Report for Request for Final Plat Approval Page 5 of 8 Staff Response: This condition has been met. The applicant adhered to the city's standard procedures for work during the wet season. 2. The applicant sha11 construct the nine city Transportation Improvement Plan (TIP) projects impacted by the proposal, or, in lieu of constructing these TIP projects, prior to final plat approval, the applicant may voluntarily pay a pro-rata share contribution of $202,301.00 toward construction of the impacted TIl' projects. Staff Response: Prior to bedng recorded, the appdicant shall pay the City of Federal Way $202,301.00 in traf,�'ic mitigation fees. 3. Modify the signal at SW 336�' StreetJ21$` Avenue SW intersection from protected plus permitted to protected only phasing for left-turn movements. Staff Response: This condition has been met. The City of Federal Way modified the signal to address safety concerns and therefore, this condition has been met. 4. Modify the eastbound left-turn indication at SW Campus Drive/10�' Avenue SW intersection from protected plus permitted to protected only and employ a southbound overlap phase. Stafj''Response: This condition has been met. The applicant modified the eastbound left-turn indication at SW Campus Drive/10`h Avenue SW intersection as part of the construction of the Wynstone Plat located directly west of Wynstone East. In lieu of performing the signal modifications as identified in conditions #3 and #4, prior to issuance of final plat approval, the applicant may elect to have the City perform the work and reimburse the City for all expenses of modifying these two signals. Based on the estimated cost from King County, the total cost for modifying these signals is $15,015 ($8,943 +$6,072), respectively. Staff Response: As both conditions #3 and #4 above have been met, no fee-in-lieu is necessary. VI DECISIONAL CRITERIA Pursuant to FWRC 18.40.050, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Sta,f�'Response: This criterion has been met, as the conditions ofpreliminary plat and SEPA mitigation have been met or financially guaranteed, and the final plat is in substantial confor»iance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met and/or financiadly guaranteed. The plat meets the RM 3600 zoning standards in effect at the time the application was determined to. be complete. The lot sizes are not less than the underlying minimum lot siae of S, 000 square feet for single family dots in Wynstone East (aka Campus Crest) File #12-102820-00-SU / Doc ID 62409 Staff Report for Request for Final Plat Approval Page 6 of 8 the RM 3600 zone. As provided in FWRC 20-135, performance and maintenance bonds are in place for the entire plat and off-site improvements. In addition, a performance bond is in place for any incomplete items as described in Sections IV and V above. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. Add plat conditions have been met and/or financially guaranteed to be completed within six months offinal plat approval. All life safety improvements have been completed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions aze made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Sta, fjF'Response: This criterion has been met. The final pdat ds consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been anstalled and/or adequately financialdy guaranteed as discussed above, incduding: safe walking routes to school bus stops; open space preservatdon; drainage system installation; water system instadlation; sewer system installation; and street improvements. Pursuant to FWRC 19.100.070, the applicant will pay the city a total of $229,755.12 in lieu ofproviding required usable open space on site. Prior to being recorded, the applicant will pay the ciry $114,877.56 (one/half of the total fee representing 57 lots) of the open space fee-in-dieu. Pursuant to FWRC 19.100.070(1)(b), the appdicant is deferring open space fee-in-lieu payments for the remaining 571ots (one/half the tota1114 lots) via covenants which have been executed and widl be recorded with the plat documents. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Wynstone East have been constructed and/or financially guaranteed. In addition, sewer and water lines have been instadled and approved by Lakehaven Utility District as identified in the letter of substantiad completion from Lakehaven Utility District. A stormwater conveyance system and water quality constructed wetland has been installed. Detentdon will be provided offsite by Panther Lake Regionad Detention Facility, for which the developer has contributed $46,656.00. 6. That all taxes and assessments owing on the property being subdivided have been paid. Sta, fj''Response: Prior to being recorded, the plat is reviewed by the King Counry Department of Assessments to ensure that all taxes and assessments have been paid. VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Wynstone East meets all platting requirements of RCW 58.17.110 and FWRC 18.40.050. Plat infrastructure improvements have been substantially Wynstone East (alca Campus Crest) File #12-102820-00-SU / Doc ID 62409 Staff Report for Request for Final Plat Approval Page 7 of 8 completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed within six months of final plat approval as allowed by FWCC 18.40.040. The project has been developed in conformance with Resolution OS-433, approving the Wynstone East Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VIII EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Vicinity Map for Wynstone East (aka Campus Crest) Reduced Copy (8%2 x 11) of Wynstone East Final Plat Map (This exhibit is not included in all copies of staff report.) Reduced Copy (8%z x 11) of Approved Campus Crest Preliminary Plat (This exhibit is not included in all copies of staff report.) Resolution OS-433, City of Federal Way Preliminary Plat Approval of Campus Crest (with Hearing Examiner Preliminary Plat Approval Recommendation) (T`his exhibit is not included in all copies of staff report.) Fina1 Plat Resolution of the City of Federal Way, Washington, Approving the Wynstone East Final Plat Reduced Copy (8%z x 11) of Approved Landscape Plan (This exhibit is not included in all copies of staff report.) Wynstone East (aka Campus Crest} File #12-102820-00-SU / Doc m 62409 Staff Report for Request for Final Plat Appmval Page 8 of 8 �T + � � t� ` WYNSTONE EAST BEINQ A PORTION OF THE NE1/4 8. 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Wt�EREas, the developer, Campus Crest LLC, applied to the City of Federal Way for �eliminary plat approval to subdivide certain real property known as Campus �rest and cons�sting of 22.4 acres into 114 single-family lots generally south of SW Campus Drive at the 700 SW block; and WHEREAS, the developer, Campus Crest LLC, applied to the City of Federal Way to modify the ter�ns and cflnditions of a 1990 Concomitant Zoning Agreement (as amended by Resolutions) applicabie to the subject property, to allow the subject property to be developed with single-family residential�devebpment and clarifythe status of the buitding permit appf%arion, landscape standards abutting single-family zoning, building setbacks along Campus Drive, required improvements to Campus Drive, building height, maximum density of 233 units, phased construction, and 10'� Avenue corridor dedication; and WHEREAS, on September 29, 2004, an Environmentat Mitig�ted Determination of N�significance (NIDNS) was issned by the Director of Federal Way's Department of Commanity Development Services pwsttant to the State Environmental Policy Act (SEPA), RC W 43.21 C; and WHExEAS, no appeats on the MDNS were submiued to the DeparGment of Community Devetopment Services; and WHEREAS, the Federal Way Hearing Examiner, on January 25, 2005, hetd a public hearing con�ning the Campus Crest pretiminary plat and Concomitant Zoning Agreemen� and WHEREAS, following the conctusion of said hearing, on February 8, 2005, the Federal Way Heazing Examiner issued a Report and Recommendation containing findings and concletsions, and recommending approval of the preliminary plat of the Campus Crest preliminary plat subject to conditions set forth therein; and Res. # OS-443 Page 1 � � � � � � ' " � EXHIBIT�,�, o� W1-��tEAS, following the conclusion of said hearing, on February 8, 20U5, the Federal Way Hearing Examiner issued a Repctrt and Recommendation containing findings and conctusions, and recommending approval of the Campus Crest Concomitant Zoning Agreement; and WHERE�►s, the Federal Way City Council has jurisdiction and authority pursvant to �ection 20-127 of the Federal A'ay City Code to approve, deny, or modify a preliminary plat and/or 'sts conditions; and WHEREAS, the Federat Way City Council has jurisdiction and suthority pursuant to Sectian 8 of the 1990 Concomitant Zoning Agraement and Section 22-488 et al of the Federal Way City Code to approve, deny, or modify a concomitant zoning agreement pursuant to the rezone procedure; and WHEREAS, on February 28, 2005, the City Conncii Land Uselfransportation Committee considered the tecord and the Hearing Examiner recommendation on the Catnpus Crest preliminary plat and Concomitant Zoning Agreement, pursuant to Chapters 20 and 22 ofFederal Way CityCode, Chapter 58.17 RCW, and all other app(icable City codes, and voted to forward a recommendatiai for approval of the proposed Campus Crest preliminary plat and Concomitant Zoning Agreement to the full City Council, with no changes to the Hearing Examiner recommendations; and WI-�REAS, oa March 15, 2005, the City Council conside�ed the record and the Hesring Examiner recommendations on the Campus Crest preliminary plat and Concomitant Zoning Agreement, pursuant to � Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all other applic�ble City codes_ NOW TI3EREFORE, TNE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHMGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section, 1. Adoption of Findin� of Fact and Conclusions. The fmdings of fact and conclusions of the Hearing Examiner's February 8, 2005, Campus Crest Preli�ninary Plat Report and Recommendation, and the fmdings of f�t and conclasions of the Heazing Examiner's February 8, 2005, Campus Crest Concomitant Zoning Agreement Report and Recommendation, attached Aereto as Exhibits A and B and incorporated by this reference, are hereby adopted as the findings and conciusions of the Federal Way City Couocil. Any iinding deemed to be a conclusion, and any conclusion de�med to be a finding, shall be treated as such. Res. # OS-443 . Page 2 �. EXNIBIT C�,�,�' �-ti� 2. Based on, inter alia, the analysis and conclusions en tfie StaffReports and Hearing Examiner's recommendati�s, and conditions of approval as established therein, the }xoposed subdivision makes appropriate provisions for the puWic health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, al�eys, other pubtic ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and school grounds, and all other relevant facts as are required by Citycode and state law, and provides for sidewalks and other planning feateues to assure safe walking conditions for students. who watk to and from schooL 3. The public use and interest will be served by the preliminary plat approval and Concomitant Zoning Agreement granted herein. Section 2. Preliminarv Plat Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and iindings and conclusions coritained therein as adopted by the City Council immediately above, the Campus Crest pretiminary piat, Federal Way File No. 03-104293-00 SU, is hereby approved, subject to conditions as contained in the February 8, 2005, Report and Recommendation of the Federal Way Hearing Examiner (Elchibit A). Section 3, Concomitant Agrcement Approval. Based upon the rec�mmendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately ' above, the Campus Crest Concomitant Agreement for parcel7, Federal Way File No. 03-i04311-00 UP, is hereby approved, as contained in the Februazy 8, 2005 Report and Recommendation of the Federal Way Hearing Examiner (Exhibit B). Section 4. Conditions of Approvat Inte�ral. The conditions of approvai of the preliminazy plat and Concomita�t Zoning AgeemenC are all integat 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 subj�t property. Should any court having jurisdiction over the subject matter declaze 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 shali be remanded ta the City of Feder�l Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions a�d conduct such additional proceedings as are necessary to assure that the g� � OS-443 , p�e 3 �XHIBIT 3��fo proposed plat makes appropriate provisions for the pub[ic heatth, safety, and generai welfare and other factas as required by RCW Chapter 58. i 7 and applicable City ordinances, rules, and regulatians, and fonvard such recommendation to the City Councii for further action. Section 4. Severabiiitv If any secti�, sentence, ctause, or phrase of this resolutiai-shaild be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidityor unconstitutionaiity shall not affed the validity or constitutianality of any other section, sentence, clause, or phrase of this resolution. Secti� 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 immediatety upon completed execufion of the Campus Crest Concomitant Agreement. RESOLVED BY'iHE CITY COUNCIL OF THE CITY OF FEDERAI. WAY, WASHINGTON, THIS i S DAY OF March , 2045. CITY OF FEDERAL WAY �. �����<<� ���.�.-����✓ C.����,� > YOR, >EA MCC�LGAN .� ATTEST: �" L��� CirY LERK, N. ndE GREElv, CMC APPROVED AS TO FORM: �� � �-- i����.s.l�s_ C1TY ATTORNEY, P.e►'T[uC1A A. RICFIARDSON FILED WI'TI-[ THE CITY CLERK: 3/ 8/ 2005 PASSED BY THE CITY COUNCIL: 3/ 15/ 2005 RESOLUITON NO. 05-443 � � OS-443 , p� 4 EXHIBIT`D � ��' }.• . `O CITY OF =..�- Federal Way Page - I Februa�y 8, 2005 Mr. Michael Walsh Campus Crest LLC 825 Fifth Avenue, Ste. 202 Kirkland, WA 98033 �) RE: CAMPUS CREST PREUMINARY PLAT FWHE#OS-02 RELATED F1LE NO. 03-104293-00-SLl Dear App(icant CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www cityolfederalway.com ; .--�. =-.�.� i c j ': t � � :�''� : � `"/"�.�---_. �' � i :5 ��,.7 j� � i� l r 1^. I � --�� ��"u`�---! _ j.. � )�r�� "��'' � .1 '' i F '� ; � �� � E8 9 2005 ' �� � �i � �--____ �_� �`"' � �`.. ,- ::, :�,Y- ----__ _._ - .'ra� �.���� . Enclosed ptease find the Report and Recommendadon of the City of Federal Way Hearing Examiner relating to the above-entided case. Very truly yours, � ;��G� �� � MARK E. HURDELBR(NK DEPLITY HEARING EXAMINER MEH/ca cc: Ai! parties of record City of Federal Way � �- . . �; � � EXH161T 17 � � Page - 2 ; _ -.__ � , � :� j �_ .. _ - - _.-- -- -- -- _.... -� ; � �. r r �` �...� . CITY OF FEDERAL WAY ' � L_;;; i �- - OFFICE OF THE HEARING EXAMINER:_.___� .- � � . - - - ;' --�-1:_____: _._---� IN THE,MATTER OF: ) ) ) CAMPUS CREST PRELIMINARY PLAT ) ) ) FWHE# 05-02 FW# 03-9 04293-00-SU I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat app�oval of a 114 lot residentiai subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions,° and �equiring approval pursuant #o FWCC 20-100. II. PROCEDURAL lNFORMATION Hearing Date: January 25, 2005 Decision Oate: February 8, 2005 At the hearing the following presented testimony and evidence: 1. Jim Harris, Senior Planner, City of Federa! Way 2. Ka#herine Orni, Triad Associates 11814 — 115�' Avenue NE, Kirkland, WA 98Q34 At the hea�ing the following exhibits were admitted as pa�t of the official record of these proceedings i� 2. 1. Staff Report with all attachments 2. Power Point Presentation (hard copy) I11. FINDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the �eco�d, viewed the site and taken this matter unde� advisement. The Community Development Staff Repo�t sets forth general findings, applicable _ A • � .; ` � � . � �� � Page - 3 poiicies and provisions in this matter and is hereby marked as Exhibit "1" with attachments and hereby inco�porated in its enti�ety by this reference. 3. All appropriate notices were delivered in accordance.with the requi�ements of the Federai Way City Code {FWCC). 4. The applicant has a possessory ownership interest in a triangula�, unimproved, 22.4 ac�e site consisting of finro pa�cets within the southcentral poriion of the City of Federal Way. SW Campus Drive abuts the no�th property line and p�eviously approved subdivisions the west property line. The Bonneville Power Administ�atio� (BPA) transmission line easement abuts the southeast property line which serves as the hypotenuse of the triangle. The applicant �equests preliminary plat approval to allow subdivision of the si#e into 114 single family residential lots. !n addition to preliminary plat approvai, the applicant requests an amendment to the concomitani zoning agreement dated February 27, 1990, which covers the site. 5_ The preliminary plat map shows access provided onto SW Campus Drive near the cente� of the north property line and a second access extending sou#heast f�om the southwest comer of the plat, crossing the BPA easement, and connecting with 10"' Avenue SW in the Campus Highlands Division 11 subdivision. A third access extends west nea� the ce�ter of the west p�operty tine and intersects wi#h an off-site, intemal plat road. Roads circulate through the site to p�ovide access to all lots, and fou� �ecreational tracts are spread throughout the site. The subdivision will also provide a connection to the trail within the BPA easement 6. The site is located within the Residential Muiti-Family (RM 3,600) zone classification of the Federal Way City Code (FWCC). The RM 3,600 ciassification authorizes minimum lot areas of 3,600 square feet subject to a concomitant agreemenf. The applicant proposes a minimum 5,000 square foot lot size which exceeds the minimum autho�ized by the RM 3,600 ctassification. Abutting uses include single family and multi family devetopment located in the RM 2,400 and RS 7.2 zone classifications. 7_ Lot sizes range between 5,000 square #eet and 9,212 squa�e feet and most are of �ectangular sfiape. All lots provide a �easonable building enveiope considering setbacks. 8. Chapter 20 FUVCC requi�es dedication of 15% of the project site as open�space. � � _� � .. � � .��._ � r - , � . Page - 4 However, Section 20-155(b) authorizes the applicant to propose and the City PARCS Oirector to receive a fee in lieu of payment for the portion of the 15% not provided. The plat p�ovides approximatety 3.9% usable and buffe� open space, and thus the applicant must pay an open space fee in the amount of approximately 11.1 % of the gross land value. The PARCS Director has agreed - to accept such payment in lieu. 9. The appficant has �equested to clear and grade the enti�e 22 acre site to include ali p�oposed lots in conjunction with grading of infrastructure. The applicant has jusUfied the reques# due to the unique topography of the site, the design of the streets generally parallel to the contours of the site, the ability to reduce erosion, and the ability to preserve only minimal amounts of vegetation in a phased grading plan. Due to the topography, the grading plan shows retaining walls on three sides of the stormwaie� drainage facility (Tract H) located adjacent to SW Campus Drive. Retaining walls extend to 20 feet in height and the applicant will construct such walls in a manner to minimize po#ential aesthetic impacts. The appticant proposes to undulate and tenace the walls, treat the walls architecturally, and provide landscaping. Retaining wa11s in Tract G will consists of smaller walls in accordance with a conceptual pond landscape plan approved by the City. 10. The applicant commissioned the Transpo Group, a qualified traffic engineering firm, to p�epare a T�affic tmpact Anatysis (TIA) to assess impacts of subdivision traffic on city st�eets and intersec#ions. The City's Traffic Division �eviewed and accepted the July, 2004, revised TIA which proposes three accesses; a looped interior street nefinrork, and one permanent cul�le-sac. The applicant will design and construct al1 st�eet improvements in accordance with FWCC standards. Tfie applicant must improve the frontage of 12�' Avenue SW along the west property line to City Standard Cross M Sec6on which includes a six foot wide landscape sttip with street t�ees and streetlights, an eight foot wide sidewalk, and three foot wide utiiity strip. The applicant must dedicate 14 fee# of right-of-way to complete these improvements. As previously found, Campus Drive abuts the north properiy line and the City classifies said road as a principa! arterial. Improvements to Campus Dfive will include additional asphalt paving to create a 64 foot wide, paved roadway, concrete curbs and gutters, six fioot planter strip with t�ees and streetlights, eight foot sidewalk, and three foot utility strip. Roadway tape�s and transitions at each end will assure safe transition betwee� . the existing roadway width and proposed imp�ovements. Said improvements will require a dedication of seven feet for the Campus Drive right-of-way. Road °D" which will connect to 10"' Avenue SW in Campus Highlands will meet the Minor . 1 �� �- - r� : ► :r � . Page - 5 Collector St�eet Section which includes 36 feet of pavement with vertical curb a�d gutte�, four foot planter st�ips with street trees, five foot sidewalks, and one foot utiiity strips within a 56 foot wide, dedicated right-of-way. The intemal plat roads will meet the Local Street Section to inciude 28 feet of pavemen# with vertical curb and gutter, four foot planter strips with street trees, five foot - sidewalks, and three foot utility st�ips with streetlights within a 52 foot wide right- of-way. Private access tracts will consist of 24 feet of pavement, five foot wide sidewalks, and two foot utility strips. 11. The applicant wil! also provide off-site mitigation in accordance wi#h mitigating measu�es set forth in the MDNS. The applicant will make a p�o �ata payment of $202,301 fo� improvements to the intersection of Campus Drive and 10`� Avenue SW. Metro Transit has no# has yet determined the necessity of improvements on Campus Drive. � 12. The site is located within the boundaries of the Federal Way School District which has determined that schoo! aged children �esidi�g in the plat will attend Shen�vood Forest Elementary, Saghlie Junio� High, and Decatur High School. Students will walk to the elementary and junior high school, but will ride school buses to Oecatur High School. The applican# must comply with the City School tmpact Fee O�dina�ce and make a payment of $2,868 per lot plus a$143.50 adminis#rative fee per lot. � 13. The Lakehaven Utility District will provide potable water and fire flow to the site and sanitary sewer service to each lot. 14. The applicant wili design all storm d�ainage facitities in accordance with the criteria set forth in the '1998 King County Surfacewater Design Manual and the City's amendments thereto. The applicant must install Level 1 flow controi and resource stream water quality treatment in acco�dance with the manual. The site lies within the Panther Lake drainage basin and the applicant may provide either on-site flow control to the Level 1 flow control standard or pay fo� off-site detention in Panther Lake. The applicant has prelimina�ily chosen to pay fo� off- site detention. The storm drainage plans show a two facility treatment train to provide water quality t�eatment in acco�dance with the resource stream p�otection requirement. During construction the applicant will p�ovide erosion and sediment control measures and may be limited to g�ading and clearing during the winte� months. 15. According to a geotechr�ical engineering investigation performed by Krazan and _ i� . .. . , � � �. : � � � ,. Page - 6 Associates, inc., the soiis are capable of supporting urban development and have a slow #o medium runoff rate and moderate erosion haza�d. Vegetation on the site consists of heavy second growth forest with a mixture of conifer and broadleaf deciduous trees and dense understory of native shrubs. The appiicant �etained Triad Associates to prepafe a t�ee retention pian. Said plan identifies a total of 1,707 significant trees. Section 20-179 FWCC requires the retention of naturai vegetation on the site except that removed fo� imp�ovements or grading. The applicant has requested to remove all trees on the site and must therefore meet the significant tree removal and �eplacement criteria. No wetlands exist on the site. 16. Prior to obtaining preliminary plat approval the applicant must es#ablish that the request satisfies the c�iteria set forth in Section 20-126(c)FWCC. Findings on each criteria are hereby made as follows: A. The project is consistent with the 2002 Federal Way Comprehensive Plan which designates the property for multi-family development. The proposed single family iand use meets the minimum lot sizes required in the appiicable mul#i-family zone classification. B. The project is consistent with aN applicable provisions o# the FWCC including those adopted by reference from the comprehensive plan. The preliminary plat must comply with the provisions of FWCC Chaptef 18 Environmental Policy; Chapte� 20 Subdivisions; Chapter 22 Zoning; and all o#her applicabte codes and regulations. The proposed preliminary plat will meet the �equirements of the proposed concomitant agreement for the site, but does not meet the requicements of the effective 1990 agreement. Therefore, for-the plat #o proceed the City must approve the revised concomitant ag�eement. C. The project is consis#ent with the public health, safety, and welfa�e. All public facilities and services are available to serve the site and all infrastructure wili meet Ci#y s#andards. D. The proposed preliminary plat complies with the design criteria listed in Section 20-2 FVIICC. The plat provides an effective use of the land, promotes safe and convenient travel on stree#s, and provides for fiousing needs of the community. E. As previously found, #he project complies with the development standa�ds t _ . i ._,_ •. • i � : � • � Page - 7 listed in Sections 20-159-157 and Sections 158-187 FVVCC. IV. CONCLUSIONS _From the fo�egoing findings the Hearing Examiner makes the following conclusions: 1. The Heari�g Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the proposed preliminary plat makes appropriate provision for the public health, safe#y, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, sanitary waste, potable water supplies, transit s#ops, schools and school grounds, pa�ics and recreation and playgrounds, and safe watking conditions. 3. The applicant has also shown that the preliminary plat satisfies all criteria set fo�th in Section 20-126(C) FV1/CC and therefore should be approved subject to the fotiowi�g conditions: The Campus Crest preliminary plat shall not be deemed approved unless the proposed Campus Crest Concomitant Agreement is concur�ently approved, and allows the site to be developed with single-family housing. 2. Prior to p�oceeding with plat infrastructure construction, the apPlicant shall p�ovide a revised landscape ptan that includes the following landscaping to be approved by the City: a. Arterial buffer landscaping in T�acts F and G per FV1/CC Section 20-178 and in compliance with ihe accompanying Concomitant Ag�eement. In order to insure the long-term viability and maintenance of the landscape screen in Tracts F and G, irrigation of these landscape areas is requi�ed. The applicant shaA coordinate the landscape plan in T�act F and G with Lakehaven Utili�ty District, and provide w�itten approval of the plan from lakehaven in �espect to potential conflict with Lakehaven Utilities located within these tracts; b. �andscaping adjacent to retaining walls in Tracts F. G, and H shall be an appropriate type, size, and density to provide visuai separation and screening of the walts, and provide a visual _ ' �,. '� i ._ ' : � , . Page - 8 enhancement to the site; c. Street t�ees in right-of-way landscape planter st�ips per Public Works Department Standa�ds; � d. Landscaping of Tract M adjacent to Road B shai! be planted with Type 11! landscaping including trees, sh�ubs, and groundcover, to p�ovide a visual separation between the public right-of-way and the proposed stormwa#e� facilities. This landscape tract shail be owned and maintained by the homeowners' association. tf cyclone fencing is used around the storm drainage ponds, the fencing shal! be coated black or green; e. Significant t�ee replacement in accordance with FWCC requirements. 3. Prior to approval of engineering construction plans, the applicant shall provide the City a significant tree survey based on an acceptable stat�stical forestry sampling methodology to accurately deteRnine the number of significant trees on the site. The applicant shall also provide a significan# t�ee replacement plan, to replace at least 25 percent of the significant trees removed ftom the site. Pursuant to FWCC Sectio� 20- 186, areas of the plat where significant trees are removed fo� subdivision improvements (infrastructure) are not subject to significant tree repiacement. The significant tree replacement plan shall be approved by the Depattment of Community Development Services prior to engineering plan approval. The replacement t�ees shall be planted by the applicant and inspected by the Department of Commu�ity Development Services prior to final plat appcovaL 4. Design and const�uction of the project shall comply with all requirements and recommendations of the p�oject geotechnical engineer. 5. Prior to final plat approval, the applicant shal! provide a paved trail connecting Tract D to tF�e adjacent BPA Trail. The ptan for the trail connection shall be reviewed and approved by the Public Works and PARCS Departments in conjunction with engineering plan review. 6. On the final plat map, T�act M shall be revised to include any proposed retaining walls within the soutli side of Tract H. The retaining walls, if EXHIBIT Page - 9 included in the plat construction, shall be owned and maintained by the future homeowners' association. 7. Prio� to approvai of const�uction plans, the applicant shall p�ovide written cor�espondence from tfie Federai Way Public School District rega�ding the Dist�icts' commitment to elirninating a� existing easement on the site: Prior to finai pia# approval, the applicant shall document to the City that the existing school district easemenf has been extinguished. 8. If included ir� the final engineering desig�, retaining walls and �ockeries on individual lots shall be harmonious with tfie residential use of the site and shall promote residential design themes th�ough such means as terracing, orientation, natural material selection, use o# vegetation screening, and #extural treatment to be designed by the applicant and approved by the ,Community Development Services Department. Due to the p�oximity to Campus Drive and the potential aesthetic impact from large untreated walls, retaining walls shall be a maximum height of � four feet within T�act G, and a maximum height of nine feet of exposed surface above g�ade in T�act M. Any waUs in Tract M shal! include but a�e not limited to the following design #eatures: horizontal and vertical undulation, terracing with a minimum width of six feet between terraces to allow a safe area for maintenance; landscape screening; and wai! texturing. 9. Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus stop shelter footing and bus stop landing in accordance witfi King County Metro standards for the site f�ontage along SW Campus Drive. Prior #o construction, the applicant shall provide approval of the landing design and location from Metro. Due to other development in the area of the si#e, Metro may detefmine the site frontage is not the appropriate location for a future bus stop, and these imp�ovements would not be required if so determined by Metro. 10. Improvements for the project include the off-site connection of Road D to the 10�' Avenue SW stub in Campus Highlands. Design and construction of the exfension shall meet applicable City standards and be reviewed by Bonneville Power Administration. The desig� and construction of 10"' Avenue SW shali include a faised c�ossing pet City standards at the 6PA Trail for safety purposes. _ � .. '�' ` i : I � Page - 10 1'! . On the final piat map, roadway °D" and a po�tion of road "C", from the existing termi�us of '10'� Avenue SW in Campus Highlands extending to the point where Road D(and po�tion of Road C) connects to '12"' Avenue SW, shall be revised to be a 56-foot wide right-ofi way, with a 36-foot paved roadway, and two-foot utiiity easements on either side (Roadway Section 'S' — Minor Coftecto�). The st�eet connection to 92"' Avenue SW shall be as shown on the plans, or modified to connect at 12�' Avenue SW at SW 343`� Place. Final road alignment wiil be dete�mined during engineering plan review. Tracts A and B, as shown on the plans, may be eliminated o� �evised upon final road alignment. RECOMMENDATION: It is hereby recommended to the Fede�al Way City Council that the preliminary plat Campus Crest be approved subject to the conditions contained in the conclusions above. DATED THIS 8`� DAY OF February, 2005. - �� MARK E. HURDELBRINK Deputy Hearing Examiner TRANSMITTED THIS 8�' DAY OF Febfuary, 2005, to the following: APPLICANT: M�. Michae! Waish Campus C�est LLC 825 Fifth Ave�ue, Ste. 202 Kirlcland, WA 98033 ENGINEER: Mr. Roy Lewis, P.E. Triad Associates 1'1814 —115"' Avenue NE Kirkland, WA 98034-6923 . _ . • . ' ' I 1 ': . � . . . . i � Page - 11 OWNER: Klak Federa! Way LLC 500 Shokie Blvd. #444 No�th Brook, 1L 60062 OTHERS: Kevin L. Jones, P.E. 11730 —118�' Avenue NE, Ste. 600 Kirkland, WA 98034 Rich Sfohr Gentex Homes 11241 Slater Avenue NE #100 Kirlcland, WA 98033 Katherine Omi 11814 —115"' Avenue NE Kiricland, WA 98034 City of Federal Way c% Chris Green P.O. Box 9718 Federai Way, WA 98063-9718 � �� P : EXHIBIT'� t5 Page - 12 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the fina! report ar�d recommendation of the hearing examine�, a date shail be set for a public meeting tiefore the city council. The city council review of the preliminary plat appiication shall be limited to the recocd of the � hearing before the hearing examiner, oral comments �eceived during the public meeting (so long as those comments do not �aise new issues or info�rnation not contained in the examiner's record) and the hearing examine�'s written �epo�t. These materials shall be reviewed fo� compliance with decisional c�iteria set fo�th in section 20-i26. The city council may receive new evide�ce or information not contained in the reco�d of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examine�'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 �easonably have discovered the evidence until after the hearing examine�'s decision; or (ii) the hearing examiner imp�operly excluded or omitted the evidence f�om the record. !f the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the reco�d compiled by the hearing examine� is incomplete or not adequate to aQow the city council to make a decision on the application, the city council may by motion remand the matte� to the hearing examiner with the direction to �eopen the hearing and p�ovide supplementary findings andlor conclusio�s on the matte� o� 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 �ecord 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 app�oving or disapp�oving tfie preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapp�ove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary p1a# if: (a) The change will not have the effect of increasing the residentiai density of the plat; (b) The change will �ot result in the �elocation of any access point to an exterior st�eet from the plat; (c) The cha�ge wi1! not result in any loss of open space or buffering p�ovided in the plat; and . {d) The city determines that fhe change wil( not increase any adverse impacts or undesirable effects of the project and that the change does not sig�ificantly alte� the p�oject. � � � . �� �� � ` . � � � � � � � � RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE WYNSTONE EAST (aka CAMPUS CREST) FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 12-102820-00-SU WHEREAS, on January 25, 2005, the Federal Way Hearing Examiner conducted a public hearing on the Campus Crest preliminary plat application resulting in the Recommendation of the Federal Way Hearing Examiner, dated February 8, 2005; and WHEREAS, the Campus Crest preliminary plat, City of Federal Way File No. 03-104293- UO-SU, was approved subject to conditions on March 15, 2005, by Federal Way City Council Resolution No. OS-433, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, the applicant submitted the final plat application for Wynstone East (aka Campus Crest), within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution OS-433; and WHEREAS, the City of Federal Way's Department of Community and Economic Development and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Final Plat Staff Report, dated November 27, 2012, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council reviewed and considered the application and Final Plat Staff Report for the Wynstone East final plat during the Council's Special Meeting on December 4, 2012. Resolution No. 12- Page 1 of 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Wynstone East final plat, City of Federal Way File No. 12-102820-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the Final Plat Staff Report, dated � November 27, 2012, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, ancl schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe vvalking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way Resolution No. OS-433, dated March 15, 2005, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way Revised Code Section 18.40.040. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Final Plat Staff Report. Resolution No. 12- Page 2 of 4 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 A�proval. Based upon the Findings and Conclusions contained in Section 1 above, the Wynstone East final plat, City of Federal Way File No. 12-102820-00-SU, is approved. Section 3. Recordin�. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records and Elections. The applicant shall pay all recording fees. Section 4. Severabilitv. 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. Corrections. The City Clerk and the codifiers of this resolution are authorized to rnake necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 12- Page 3 of 4 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 4TH DAY OF DECEMBER, 2012. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST I:���I.�� CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COIJNCIL: RESOLUTION NO: IZesolution No. 12- Page 4 of 4 __._ _ _ -_ _._ � �. .� .;. , .. . �� �; � -> ,�, -- �-- -- — �� ; _� ----- �_ � �� � — -� � ;- — � ;= _� � - —�� � __ �-' ..�.: � ,'�� {'. ,'��;. � � ;� SE� �HE \ � . ro�\ r - -- -\ `�' i — - - r+��� � �,.... � -. � .b' `s,'; �7i. . . ' f�� Overall Landscape Plan � :�' ' �,_ � ._._ -�_--I_- _�_ �� . 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