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Council PKT 05-20-2014 SpecialCITY OF .� Federal Way AGENDA FEDERAL WAY CITY COUNCIL SPECIAL MEETING / STUDY SESSION Council Chambers - City Hall May 20, 2014 5:30 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CROSSPOINT FINAL PLAT • Staff Presentation 4. PERFORMING ARTS AND CONFERENCE CENTER DISCUSSION S. ADJOURNMENT COUNCIL MEETING DATE: May 20, 2014, SPECIAL MEETING ITEM #: CITY OF FEDERAL WAY CITY COUNCIL SPECIAL MEETING AGENDA BILL MOM SUBJECT: CROSSPOINT FINAL PLAT APPROVAL POLICY QUESTION: Should the City Council adopt a resolution approving the Final Plat of Crosspoint? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing City Council Business Resolution ® Other STAFF REPORT BY: Jim Harris, Contract Planner DEPT: CD Attachments: Staff Report for Crosspoint Final Plat to City Council and Draft Resolution Action on this agenda item will occur at the May 20, 2014, City Council Regular Meeting Options Considered: 1. Approve the Final Plat and resolution as presented. 2. Modify the Final Plat and/or resolution and approve as modified. 3. Not approve the Final Plat. MAYOR'S RECOMMENDAaON: N/A MAYOR APPROVAL: 17ll[ S / DIRECTOR APPROVAL: Comi ttee CcGncil Initi ay Initial/Date CHIEF OF STAFF: ee Coiyy tiaUDate Wtilil/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08112/2010 RESOLUTION # aM� I► � /Ylk DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO CITY COUNCIL Request for Final Plat Approval CROSSPOINT (A.K.A. CROSSPOINTE) FINAL PLAT Federal Way File No. 14- 101008 -00 -SU RECOMMENDATION City of Federal Way staff has reviewed the final plat of Crosspoint for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II INTRODUCTION Date: May 13, 2014 Request: Request for final plat approval for the Crosspoint subdivision. Description: Crosspoint is a proposed five -lot single - family subdivision on approximately 1.4 acres. At the time this five -lot plat preliminary plat application was determined complete on April 25, 2003, any divisions of land into five or more lots were required under Federal Way Revised Code to be processed as a formal subdivision rather than a short plat. The preliminary plat ( "Crosspointe ") was granted approval by the Federal Way City Council on October 19, 2004, per City Council Resolution 04 -432. The plat name has recently been changed to drop the "e" at the end of Crosspointe, as it has recently been found that a different subdivision in King County has already used the name Crosspointe, (with an "V5). Access to Crosspoint is from 20`h Avenue Southwest, at approximately the 35700 block. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or financially guaranteed. Owner: STJ Partners LLC PO Box 1001 Enumclaw, WA 98022 253- 299 -6838 Surveyor: D.R. Strong Consulting Engineers 620-7 1h Avenue Kirkland, WA 98033 425- 827 -3063 Location: The subject property is located in the City of Federal Way, on the west side of 20`h Avenue SW at approximately the 35700 block (Exhibit A — Vicinity Map). Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: South King Fire and Rescue School District: Federal Way School District Report Prepared By: Jim Harris, Contract Planner III HISTORY AND BACKGROUND The five -lot Crosspointe Preliminary Plat was granted approval by the Federal Way City Council on October 19, 2004, per Resolution 04 -432 (Exhibit D). The 1.4 -acre subdivision includes a designated access tract (Tract "A," which is reserved for future dedication to the City of Federal Way for public right -of -way); and Private Storm Drainage Tract (Tract `B "); (Exhibit B — Final Plat Map). Zoning for the site is Single Family 9.6, RS 9.6. The Crosspoint plat is a standard subdivision under the codes, and the minimum permitted lot size is 9,600 square feet. The lot sizes on the Crosspoint final plat range from 9,612 square feet to 10,471 square feet. On December 10, 2009, the applicant was granted a retroactive two -year plat extension that allowed up to seven years for plat completion until October 19, 2011. On November 4, 2011, the applicant was granted an additional retroactive two -year extension until October 19, 2013, to complete the site work as the site had sat vacant for a period of time due to the economic downturn. On September 5, 2013, the City granted the applicant an additional one -year extension until October 19, 2014, to complete the site work and apply for final plat. The applicant applied for engineering approval on July 25, 2007, and the City approved engineering plans for the plat infrastructure on July 8, 2008. However, due to the economic downturn, the applicant chose to delay construction until the economy showed signs of improvement. Engineering approval (Notice to Proceed) was granted on June 7, 2013, and site work commenced shortly thereafter. The developer applied for final plat approval on March 6, 2014, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Federal 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 preliminary 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) all required improvements have been made or sufficient security has been accepted by the city. City of Federal Way staff has reviewed the Crosspoint 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 financially secured as allowed by FWRC 18.40.040. Crosspoint File # 14- 101008 -00 -SU / Doc ID 65516 Staff Report for Request for Final Plat Approval Page 2 of 6 A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Crosspoint is enclosed (Exhibit E). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution 04 -432). Required improvements have been completed or financially secured as allowed by FWRC 18.40.040. Conditions of Approval for Preliminary Plat (Resolution 04 -432) The following conditions are per the Hearing Examiner Decision incorporated by reference into Resolution 04 -432. Final plat approval shall require full compliance with drainage provisions set forth in the FWRC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B. On -site stormwater quality treatment and detention using Level 2 flow control shall be provided using the basic water quality menu options of the 1998 KCSWDM as amended by the City of Federal Way. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. Staff Response: This condition has been met. The City Public Works Department reviewed and approved the storm drainage plans in accordance with the conditions of the preliminary plat approval. The drainage improvements have been constructed and inspected by City staff. 2. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: A. 20'h Avenue SW shall be improved along the frontage of the project as a Minor Collector, half - street improvement. Improvements will include a minimum of 18 feet of pavement from the centerline of the right -of -way, vertical curb and gutter, four -foot planter strip, street trees, streetlights, and five- foot -wide sidewalk, and three -foot utility strip within existing right -of -way (curb, planter strip, sidewalk, and utility strip will be provided on only the west side of 20"' Avenue SW). B. The private access tract shall be improved to the private access tract standard and shall be limited to serving Lot 4 and providing access to the private stormwater detention pond. All five lots in the subdivision shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tract shall be included on the plat and the language approved by the City. Improvements shall include a 30 -foot tract width and 20 -foot pavement width with vertical curb, gutter, four -foot planter strip, and a five- foot -wide sidewalk on the north side of the street. A three - foot -wide Crosspoint File #14- 101008 -00 -SU / Doc ID 65516 Staff Report for Request for Final Plat Approval Page 3 of 6 utility easement shall be provided along the southern lot line of Lot 4. Tract length shall be limited to a maximum of 150 feet from face of curb to end of the tract. C. The private access tract shall have a minimum pavement section of three inches of Class B asphalt over seven inches of crushed surfacing on all internal streets; 201' Avenue SW shall have three inches of Class B asphalt over eight inches of crushed surfacing. Staff Response: This condition has been met. The City Public Works Department reviewed and approved street improvement and access tract plans in accordance with the conditions of the preliminary plat approval. Prior to final plan approval, the Public Works Department approved a minor modification to the length of Tract A, to allow a total maximum tract length of 169 feet; however, the tract is less than 150 feet to where access is provided to the private storm drainage tract, which meets the intent of the condition. During construction of the plat improvements, Public Works staff allowed a revision to the public access tract road to eliminate the 4-foot planter strip. The purpose in doing this was to move the southern edge of the roadway further north in order to help preserve more of the neighboring laurel hedge along the plat's southern boundary. All other access road and public road improvements were constructed to the above described standards. The street improvements have been constructed and inspected by City staff. 3. Clearing for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Preliminary Road Grading, Storm Drainage, and Utility Plan, Sheet 4, that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. Staff Response: This condition has been met. The City Public Works Department reviewed and approved a clearing limits plan in accordance with the conditions of the preliminary plat approval. The clearing limits comply with the preliminary plat approval. 4. The applicant shall construct an attractive, well built, six foot high, solid board fence along the applicant's south property line. The applicant shall install the posts in concrete and cap the posts. Staff Response: This condition has been met. The fence has been constructed and complies with the design and construction standards in the condition. V SEPA In conjunction with the Preliminary Plat review, the City issued a State Environmental Policy Act (SEPA) Determination of Nonsignificance (DNS) for the proposal on February 4, 2004. The final plat complies with the SEPA DNS. 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: Crosspoint File #14- 101008 -00 -SU / Doc ID 65516 Staff Report for Request for Final Plat Approval Page 4 of 6 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA determination have been met or financially guaranteed, and the final plat is in substantial conformance 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 financially guaranteed. The plat meets the RS 9.6 zoning standards in effect at the time the application was determined to be complete. The lot sizes exceed the underlying minimum lot size requirement of 9,600 square feet for single family lots in the RS 9.6 zone. Construction of the plat infrastructure is substantially complete and as provided in FWRC 20 -135, performance and maintenance bonds are in place for the entire plat and off-site improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed.. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, 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. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to school bus stops; provisions for open space; drainage system installation; water system installation; sewer system installation; and street improvements. Pursuant to FWRC 19.100.070, the applicant will pay the city a total of $33,750.00 in lieu of providing required usable open space on site. Pursuant to FWRC 19.100.070(I)(b), the applicant is deferring open space fee -in -lieu payments for all five lots via covenants which are being drafted and will be recorded with the final plat documents. The covenant will require open space fee payment of $6, 750.00 for each lot, prior to the point of sale of each new house on each lot or five years following the recording of the covenant, whichever is earlier. Pursuant to FWRC 19.100.070, the applicant will pay the city a total of $16,026.49 (Impact fee $15,559.70 plus administration fee $466.79) for payment of traffic impact fees for the five lots. Pursuant to FWRC 19.100.070(3)(b), the applicant is deferring traffic impact fee payments for all five lots via covenants which are being drafted and will be recorded with the final plat documents. The covenant will require traffic impact fee of $3,205.30 ($3,111.94 TIF plus $93.36 administrative fee) for each lot, prior to the point of sale of each new house on each lot. The traffic impact fee amount may be different than the amount identified above, as the fee shall be calculated based on the impact fee schedule in effect on the date of payment of the impact fee. Crosspoint File #14- 101008 -00 -SU / Doc ID 65516 Staff Report for Request for Final Plat Approval Page 5 of 6 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 Crosspoint have been constructed and a maintenance bond is in effect. In addition, sewer and water lines have been installed and approved by Lakehaven Utility District as identified in the letter of substantial completion from Lakehaven Utility District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Crosspoint meets all platting requirements of RCW 58.17.110 and FWRC 18.40.050. Plat infrastructure improvements have been substantially 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 FWRC 18.40.040. The project has been developed in conformance with Resolution 04 -432, approving the Crosspoint Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VIII EXHIBITS Exhibit Vicinity Map for Crosspoint Exhibit B Reduced Copy (8'/2 x 11) of Crosspoint Final Plat Map (This exhibit is not included in all copies of staff report.) Exhibit C Reduced Copy (8'/2x 11) of Approved Crosspointe Preliminary Plat (This exhibit is not included in all copies of staff report.) Exhibit D Resolution 04 -432, City of Federal Way Preliminary Plat Approval of Crosspointe (with Hearing Examiner Preliminary Plat Approval Recommendation) (This exhibit is not included in all copies of staff report.) Exhibit E Final Plat Resolution of the City of Federal Way, Washington, Approving the Crosspoint Final Plat Crosspoint File #14- 101008 -00 -SU / Doc ID 65516 Staff Report for Request for Final Plat Approval Page 6 of 6 ADDRESS: 35717 20TH AVENUE S.W.EI IAA �. _ �, I FILE NO: 03- 101214.00 -SU ly -to I Dog- 00-,sv EXHIBIT PAGE.._1,.._OF..L_ CROSSPO.INT A PORTION OF GOVERNMENT LOT 2 SHEET 1 (THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER), SECTION 25, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON LEGAL DESCRIPTION APPROVALS THE SOUTH 277.0 FEET OF THE NORTH 657.0 FEET OF THE EAST 267.5 FEET OF THE WEST 330 FEET OF DEPARTMENT OF PUBUC WORKS GOVERNMENT 2, SECTION 25, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON: EXAMINED AND APPROVED THIS _ DAY OF 2014. EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEW UNDER RECORDING NO. 3308564; ALSO EXCEPT ANY PORTION OF SAID PREMISES THAT MAY UE SOUTH OF THE BOUNDARY UNE BETWEEN KING DIRECTOR OF PUBLIC WORKS COUNTY AND PIERCE COUNTY. - SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT EXAMINED AND APPROVED THIS _ DAY OF 2014. DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT K. THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, XEREBY DECLARE THIS PUT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WIN THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE UTUTIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PUT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC. M WHICH CASE WE 00 HEREBY DEDICATE AND CONVEY SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE AND RELEASE FOR THEMSELVES, MR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM 714E UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE DESIGN, ESTABUSHMENT, CONSTRUCTION, OPERATION, FAIWRE TO OPERATE, OR MAINTENANCE OF ROADS AND /OR DRAINAGE SYSTEMS, ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE OR SURFACE OR SUBSURFACE WATER FLOWS WTHIN THE SUBDIVISIONS OR MINIM ANY DRAINAGE OR DETENTION FACUTIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HERESY SUBDIVIDED, AGREE FOR THEMSELVES. THEIR HEIRS W AND ASSIGNS TO INDEMNIFY, HO HARMLESS, AND DEFEND THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE. CLAIMED BY PERSONS WITHIN OR WTHOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN, ESTABUSHMENT, CONSTRUCTION, OPERATION. FAIWRE TO OPERATE, OR MAINTENANCE OF ROADS AND /OR DRAINAGE SYSTEMS, ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WTI-0N ANY DRAINAGE OR DETENTION FACIUTIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDI SIGNS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME. PROVIDED. THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY. ITS SUCCESSORS OR ASSIGNS, FROM UABIUTY FOR DAMAGES, INCLUDING THE COST OF DEFENSE. RESULTING FROM AND TO THE EXTENT OF THE FROM NEGLIGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS, OR ASSIGNS THIS SUBDIVISION. DEDICATION, RELEASE, MDEM14FICA71ON OF CLAIMS. AND AGREEMENT TO HOD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS STJ PARTNERS, LLC. FIRST FINANCIAL CROUP, INC. A WASHINGTON LIMITED LIABILITY COMPANY BY: BY: ITS: ITS: ACKNOWLEDGMENTS STATE OF WASHINGTON ) ) SS COUNTY OF 1 CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT ON OATH STATED THAT SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF STJ PARTNERS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT PRINTED NAME COMMISSION EXPIRES STATE OF WASHINGTON ) ) SS COUNTY OF ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF FIRST FINANCIAL GROUP, INC. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT PRINTED NAME COMMISSION EXPIRES CITY FILE NO. 1 4- 1 01 008 -00 —SU DIRECTOR OF COMMUNITY DEVELOPMENT FEDERAL WAY CITY COUNCIL EXAMINED AND APPROVED THIS _ DAY OF 2014. MAYOR CITY CLERK KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS _ DAY OF 2014. KING COUNTY ASSESSOR KING COUNTY PARCEL NO. 2521039017 DEPUTY COUNTY ASSESSOR FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DEUNOUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION, AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED 70 THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS . OR FOR OTHER PUBLIC USE ARE PAID IN FULL THIS _ DAY OF 2014. MANAGER FINANCE DIVISION DEPUTY SURVEYORS CER7I:ICAIIE I HEREBY CERTIFY THAT THIS PLAT OF CROSSPOINT IS BASED UPON AN ACTUAL SURVEY AND SUWMSION OF SECTION 25. TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M.. AS REQUIRED BY STATE STATU7ES; THAT THE INSTANCES. COUYN GLES ARE 514 THEREON CORRECTLY; THAT THE MONUMENTS SHALL BE SET AND LOT A. BLOCSHALL BE ST ED CORRECTLY ON THE GROUND. AND THAT I HAVE FULLY COMPUW WITH THE 7A A LOCAL ST ATUTES AND REGULATIONS GOVERNING PLATTING. O STEPHEN J. REt, PROFESSIONAL LAND SURVEYOR DA CERTIFICATE NO. 37555 D.R. STRONG CONSULTING ENGINEERS 620 7TH AVE KIRKLAND. WASHINGTON 9BD33 PHONE (425) 827 -3D63' RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF STJ PARTNERS, U.C. THIS _ DAY OF 2014, AT MINUTES PAST _M. AND RECORDED IN VOLUME OF PLATS, PAGES) AFN RECORDS OF KING COUNTY, WASHINGTON. MANAGER SUPERINTENDENT OF RECORDS J FG s TED D.R. STRONG EXtI IT 2011 CONSULTING ENGINEERS M ENGINEERS PLAAWERS SI.WVEYDRS PAGE �OFTJTY FF +LWAY. r 6 - 7WAVSNW KR2N2AA0,WAWIIJO o.rJanxw P42,Tenz423 JOB N0. 09091 CROSSPOINT A PORTION OF GOVERNMENT LOT 2 (THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER), SECTION 25, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., CITY OF FEDERAL WAY. KING COUNTY. WASHINGTON EASEMENT DEDICATIONS 1. AN EASEMENT IS HEREBY RESERVED. GRANTED AND CONVEYED TO TACOMA POWER (ELECTRIC COMPANY), PUGET SOUND ENERGY, INC. GS COMPANY), CENTURYUNK TELEPHONE COMPANY AND COMCAST CABLE COMPANY AND OTHER UTIUTY PROMD RS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, IN WHICH TO CONSTRUCT, OPERATE. MAINTAIN, REPAIR, REPLACE AND ENLARGE UNDERGROUND PIPES, CONDOTS, CABLES, AND WIRES WIN ALL NECESSARY OR CONVENIENT UNDERGROUND OR GROUND - MOUNTING APPURTENANCES THERETO FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OMER PROPERTY WITH ELECTRIC. GAS TELEPHONE, TELEVISION AND OTHER UTILITY SERVICES, TOGETHER WITH THE RIGHT TO ENTER UPON THE STREETS; LOTS, TRACTS AND SPACES AT ALL WES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION BY THE UTILITY. NO LANES OR LURES FOR THE TRANSMISSION OF ELECTRIC CURRENT, TELEPHONE OR CABLE TELEVISION SHAD. BE PLACED OR BE PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. THE EASEMENTS HEREBY GRANTED AND CONVEYED ARE GRAPHICALLY DEPICTED AND IDENTIFIED HEREON AS UTILITY EASEMENT. 2. A NON- EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND CONVEYED TO LAKEHAVEN UTILITY DISTRICT. AND ITS HEIRS. SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET OF ALL LOTS, TRACTS AND SPACES WITHIN T1RE PLAT LUNG PARALLEL WIN AND ADJOINING THE PUBLIC RIGHT -OF -WAY, IN WMICH TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REFUGE AND ENLARGE WATER AND SEWER MAINS AND APPURTENANCES FOR THIS SUBDIVISION AND OTHER PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON THE STREETS, LOTS, TRACTS AND SPACES AT ALL TIMES FOR THE PURPOSES HERON STATED. 3. THE 5 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 2 AND 3 IS FOR THE BENEFIT OF LOTS 1, 2, 3 AND 4 FOR PRIVATE STORM DRAINAGE FACILITIES TINE OWNERS OF SAID LOTS 1. 2, 3 AND 4 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WTHIN SAID EASEMENT. CITY OF FEDERAL WAY DRAINAGE EASEMENT AND COVENANT ALL DRAINAGE EASEMENTS WITHIN THIS PLAT, NOT SHOWN AS PRIVATE', ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF FEDERAL WAY, A POUTICAL SUBDIVISION OF THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONVEYING, STORING. MANAGING AND FACILITATING STORM AND SURFACE WATER PER THE ENGINEERING PLANS APPROVED FOR THIS PUT BY THE CITY OF FEDERAL WAY, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS), TO ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF INSPECTING, OPERATING MAINTAINING REPAIRING AND IMPROVING THE DRAINAGE FACILITIES CONTAINED THEREIN. NOTE THAT EXCEPT FOR THE FACILITIES WHOP HAVE BEEN FORMALLY ACCEPTED FOR MAINTENANCE BY THE CITY OF FEDERAL WAY, MAINTENANCE OF DRAINAGE FACILITIES ON PRIVATE PROPERTY IS THE RESPONSIBILITY OF THE PROPERTY OWNER. THE OWNERS OF SAID PRIVATE PROPERTY ARE REWIRED TO OBTAIN PRIOR WRITTEN APPROVAL FROM THE CITY OF FEDERAL WAY, AND ANY REQUIRED PERMITS FROM THE CITY OF FEDERAL WAY FOR ACTIVITIES SUCH AS CLEARING AND GRADING, PRIOR TO FILLING PIPING. CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE LANDSCAPE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH AS SWALES, CHANNELS, DITCHES, RCN$ ETC.), OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACILITIES, CONTAINED WITHIN SAID DRAINAGE EASEMENT. THIS EASEMENT IS INTENDED TO FACILITATE REASONABLE ACCESS TO THE DRAINAGE FACILITIES THIS EASEMENT AND COVENANT SHALL RUN WIN THE LAND AND IS BINDING UPON THE OWNERS O SAID PRIVATE PROPERTY, THEIR WEIRS SUCCESSORS AND ASSONS. LAKEHAVEN UTILITY DISTRICT EASEMENT PROVISION AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKOHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS, FOR SO LONG AS IT SHALL OWN AND MAINTAIN THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PUT AND DESCRIBED HEREIN AS YNATERUNE EASEMENT' (WILE) AND SANITARY SEWER EASEMENT' (SSE) TO INSTALL, MAINTAIN, REPLACE, REPAIR AND OPERATE WATER AND SEWER MANS AND APPURTENANCES FOR THIS SUBDIVISION AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TINES FOR PURPOSES WCIDENT THERETO. NO BUNtOING, WALL ROCKERY, FENCE. TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAN) WATER OR SEWER SERVICE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING. GRANTOR HEREBY AGREES THAT NO WATER AND /OR SEWER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WTHIN OR PROXIMATE TO SAID EASEMENT, UNLESS SUCH INSTALLATION IS APPROVED BY GRANTEE AND IS IN CONFORMANCE NTH THE THEN - CURRENT EDITION OF THE CRITERIA FOR SEWAGE WORKS DESIGN' PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY. GRANTOR HEREBY FURTHER AGREES THAT NO OTHER UTUtt FApUtt -OR APPURTENANCE OF ANY KIND, INCLUDING UTIUTY SERVICE CONNECTIONS, SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WITHIN THREE FEET IS). MEASURED HORIZONTALLY FOR PARALLEL ALIGNMENTS, OR WITHIN SIX INCHES (8'), MEASURED VERTICALLY FOR CROSSING OR PERPENDICULAR ALIGNMENTS, OF ANY PORTICN OF THE GRANTEE'S FACILITIES. GRANTOR ADDITIONALLY GRANTS TO ME. LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REWIRED FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION O SAN WATER OR SEWER FACILITIES THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO AREASONABLE MINIMUM AND BE .RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY IKE LAKEHAVEN UTILITY DISTRICT, ITS AGENTS SUCCESSORS AND ASSIGNS. IN ADDITION TO OTHER RESTRICTIONS HEREIN, GRANTOR SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY SUBJECT TO THE EASEMENT THAT WOULD IMPAIR OR UNIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN. TITLE RESTRICTIONS I. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT FOR WATER LINES AS DISCLOSED BY INSTR THE LEGAL DESCRIPTION UMENT RECORDED UNDER RECORDING NUMBER 3185933. CONTAINED WITHIN SAID INSTRUMENT IS INSUFFICIENT TO DETERMINE THE EASEMENTS EXACT LOCATION WITHIN THE SITE. 2. IRIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT FOR WATER LINES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 3187723. THE LEGAL DESCRIPTION CONTAINED WITHIN SAID INSTRUMENT IS INSUFFICIENT TO DETERMINE THE EASEMENTS EXACT LOCATION WTHIN THE SITE. 3. THIS STE IS SUBJECT TO THE TERMS AND COND17IONS OF AN EASEMENT FOR WATER UNES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 3315530. THE LEGAL DESCRIPTION CONTAINED WTHIN SAID INSTRUMENT IS INSUFFICIENT TO DETERMINE THE EASEMENTS EXACT LOCATION WITHIN THE SITE 4. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT IN FAVOR OF THE CITY OF TACOMA FOR POLES, ANCHORS, EQUIPMENT. DISTRIBUTION, SERVICE AND GUY "RES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 6096362 AND IS SHOWN HEREON. THE EASEMENT DESCRIBED "THIN SAID INSTRUMENT IS LOCATED ON PROPERTY NOT WMIN THIS SITE. 5. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN ESN CONSULTING ENGINEERS AND JEFF AND DEBORAH BELUNGHAUSEN REGARDING A STORM SYSTEM AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20061016000404. 6. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN UKEHAVEN UTNJTY DISTRICT AND STJ PARTNERS, LLC. REGARDING THE CONSTRUCTION OF SEWER MAINS AND APPURTENANCES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 2DO71120000470, SAID AGREEMENT HAS BEEN AMENDED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 200803000258. 7. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A LICENSE BETWEEN STJ PARTNERS, LLC. AND THE CITY OF FEDER& WAY REGARDING THE RIGHT TO ENTER THE PROPERTY TO INSPECT ME CONSTRUCTION OF IMPROVEMENTS AND PERFORMANCE OF WORK AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20130709001388. NOTES AND RESTRICTIONS 1. UPON THE RECORDING OF THIS PUT, TRACT A, A PRIVATE ACCESS TRACT, IS HEREBY GRANTED AND CONVEYED TOGETHER YMTH ALL MAINTENANCE OBLIGATIONS TO THE OWNERS OF LOTS 1. 2, 3. 4 AND 5 OF THIS PUT. OWNERSHIP OF SAID LOTS INCLUDES AN EQUAL AND UNDIVIDED OF INTEREST IN TRACT ANN AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. 2 TRACT A SHALL REMAIN A PRIVATE ACCESS TRACT UNTIL SUCH TIME AS THE CITY OF FEDERAL WAY, OR ITS SUCCESSOR AGENCY, REWIRES THAT IT BE DEDICATED AS PUBLIC RIGHT OF WAY. 3. UPON THE RECORDING OF THIS PUT, TRACT B. A PRIVATE STORMWATER TRACT IS HEREBY GRANTED AHD CONVEYED TOGETHER NTH ALL MAINTENANCE OBLIGATIONS TO ME OWNERS OF LOTS 1, 2, 3, 4 AND 5 OF THIS PLAT. OWNERSHIP OF SAID LOTS INCLUDES AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT B AND AN EQUAL AND UNDIVIDED RESPONSIBNTY FOR THE MAINTENANCE ON SAN TRACT. 4. THE BUILDING SETBACK LINES ON CORNER LOT 4 HAVE BEEN SHOWN TEAM A TYPICAL FRONT YARD SETBACK; HOWEVER, PER FEDERAL WAY REVISED CODE 19.05 (DEFINITIONS ON PROPERTY UN%, THE FlRONT PROPERTY LANE AN CORNER LOTS MAY BE ON EITHER STREET WITH THE BUILDING SETBACK LINES SED ACCORDINGLY. 5. ANY SINGLE FAMILY RESIDENCE CONSTRUCTED ON LOT 5. SHALL BE EQUIPPED WITH A FIRE SPRINKLER SYSTEM. 6. TRANSPORTATION IMPACT FEES IN THE AMOUNT OF $3.205.30 PER LOT SHALL BE PAID AT THE TIME OF BUILDING PERMIT APPLICATION. TRACT NOTE TRACTS A AND B ARE CONSIDERED TRACTS; A TRACT IS LAND RESERVED FOR SPECIFIED USES INMUDNG BUT NOT UNITED TO, RESERVE TRACTS, RECREATION. OPEN SPACE, SENSITIVE AREAS, SURFACE WATER RETENTION UTILITY FACILITIES AND ACCESS TRACTS ARE NOT CONSIDERED LOTS OR BUILDING SITES FOR PURPOSES OF RESIDENTIAL DWELLING CONSTRUCTION. DOWNSPOUT NOTE ALL BUILDING DOWNSPOUTS, FOOTING DRAWS. 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 PERMIT NO. D7- 104108 -00-EN ON FILE WHIN CITY OF FEDERAL WAY. IBS PLAN SHALL BE SUBMITTED WTH THE APPLICATION OF ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO THE FINAL BUILDING INSPECTION APPROVAL PRIVATE DRAINAGE EASEMENT COVENANT THE ONNER(S) OF PRIVATE PROPERTY WITHER THIS PLAT ENCUMBERED NTH DRAINAGE EASEMENTS SHOWN AS 'PRIVATE' HEREBY GRANT AND CONVEY TO THE CITY OF FEDERAL WAY, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON, THE RIGHT, BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND SURFACE WATER PER THE ENGINEERING PLANS APPROVED FOR THIS PLAT BY THE CITY OF FEDERAL WAY, TOGETHER NTH ME RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS) TO ENTER SAID DRAINAGE EASEMENT FOR IRE PURPOSE OF OBSERVING THAT THE OWNER(S) ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACIUM CONTAINED THEREIN. THE OWNER(S) OF SAID PRIVATE PROPERTY ARE RESPONSIBLE FOR OPERATING. MAINTAINING. AND ROARING 111E DRAINAGE FACILITIES CONTAINED WINN SAID DRAINAGE EASEMENT AND ARE HEREBY REQUIRED TO OBTAIN ANY REQUIRED PERMITS FROM THE CITY OF FEDERAL WAY OR ITS SUCCESSOR AGENCY, PRIOR TO FILLING. PIPING CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE LANDSCAPE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACIUTES (SUCH AS SPAES, CHANNELS, DITCHES PONDS ETC) OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACITIES CONTAINED WITHIN SAN DRAINAGE EASEMENT. THIS COVENANT SHALL RUN VAIN THE LAND AND IS BINDING UPON THE OWNER(S) OF SAID PRIVATE PROPERTY, THEIR HERS, SUCCESSORS AND ASSIGNS- PRIVATE EASEMENT PROVISIONS THE OWNERS OF THE LAND HEREBY SUBDIVIDED DO HEREBY GRANT AND CONVEY TO THE OWNER THE OF E BENEFITED LOTS AS STATED IN THE EASEMENT DEDICATIONS OR ANY OTHER PRIVATE EASEMENT SHOWN AND THEW SUCCESSORS AND ASSIGNS A PERPETUAL EASEMENT FOR THE STATED UTILITIES AND /OR USE SHOWIL THESE EASEMENTS AND CONDITIONS SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE BINDING ON THE SUCCESSORS, HERS AND ASSIGNS OF THE OWNER(S) OF TIE LAND HEREBY BURDENED. TOTE ONNER(5) O THE LOTS BENEFITED AND THEIR SUCCESSORS AND ASSIGNS SHALL HAVE THE RIGHT NTHOUT PWOR N 100FN Oi ANY SUIT OR PROCEEDINGS OF LAW AT SUCH TIMES AS MAY BE NECESSARY TO ENTER UPON SAID EASEMENT FOR THE PURPOSE O CONSTRUCTING, MAINTAINING, REPAIRING. ALTERING, OR RECONSTRUCTING SAN UTILITIES AND /OR USER FACILITIES OR MAKING ANY CONNECTIONS THERETO WITHOUT INCURRING ANY LEGAL OBLIGATION OR LIABILITY THEREFORE: PROVIDED THAT SUCH SHALL BE ACCOMPLISHED IN A MANNER THAT IF EXISTING PRIVATE IMPROVEMENTS ARE DISTURBED OR DESTROYED THEY WILL BE REPAIRED OR REPLACED TO A CONDITION SIMILAR AS THY WERE IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE ONE BENEFITED. THE OWNER(S) O THE BURDENED LOT SHALL RETAIN THE RIGHT TO USE THE SURFACE OF SAID EASEMENT IF SUCH USE DOES NOT INTERFERE NTH THE INSTALLATION OR USE OF SAID UTILITIES. HOWEVER, THE OWNERS) OF THE BURDENED LOT SHALL NOT ERECT OR MAINTAIN ANY BUILDINGS OR STRUCTURES WITHIN THE EASEMENT. ALSO THE OWNER(S) OF THE BURDENED LOT SHALL NOT PLANT TREES. SHRUBS OR VEGETATION HAVING DEEP ROOT PATTERNS N*CH MAY CAUSE DAMAGE TO OR INTERFERE WTH SAID UTILITIES AND /OR USES FAGUTES. ALSO THE OWHER(S) OF THE BURDENED LOT SHALL NOT DEVELOP OR BEALMFY THE EASEMENT AREAS IN SUCH A WAY AS TO CAUSE EXCESSIVE COST TO THE OWNER(S) OF THE LOT BENEFITED PURSUANT TO ITS RESTORATION LUTES HEREIN. R. MIS SITE IS SUBJECT TO THE TERMS, PROVISIONS OF A NOTICE OF ADDITIONAL TAP OR CONNECTION CHARGES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8106010916. S. THIS SITE IS SUBJECT TO THE RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS UPON ME PROPERTY AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 3308564. FOR UTILITIES S DISCLOSED BYE INSTRUMENT RECORDED UNDER RECORDING NUMBER 20140122000150 OF TACOMA cx� SHOWN HEREON. CITY FILE NO. 14- 101008 -00 -SU D.R. STRONG CONSULTING ENGINEERS ENGINEERS PlAWW BURVEWCIRS b'1P -TON AVENUE K4MG.4ND, WA ltltli 0425ffiT.9pA1 F425.AZl.N2l JOB NO. 09091 NORTH GRAPHIC SCALE ` 20' 40' 80' 1 INCH - 40 FT. BASIS OF BEARINGS NO1V7'07'E BETWEEN THE MONUMENTS FOUND IN PLACE ALONG THE CENTERLINE OF 20TH AVENUE SW. PER THE ENGINEERING DE4p1 PLANS PREPARED BY ESM CONSULTING ENGINEERS LLC, UNDER PROJECT NUMBER 1399 -001 -007, DATED 6/29/08 REFERENCES I. HAMSTEAD GREEN DIVISION 1 RECORDED IN VOLUME 156 OF PLATS, PAGES 1 THROUGH 5 UNDER KING COUNTY RECORDING NUMBER 9103210847. 2. RECORD OF SURVEY RECORDED IN VOLUME 104 OF SURVEYS. PAGE 45. UNDER KING COUNTY RECORDING NUMBER 9506129004. 3. RECORD OF SURVEY RECORDED IN VOLUME 14 OF SURVEYS, PAGE 244. UNDER KING COUNTY RECORDING NUMBER 7809299001. SURVEYOR'S NOTES 1. ALL TIRE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM CHICAGO TIRE INSURANCE COMPANY SHORT PLAT CERTIFICATE ORDER NUMBER 1371566 DATED SEPTEMBER 3. 2033 AND SUPPLEMENTAL COMMITMENTS NUMBER 1 AND NUMBER 2 THERETO DATED SEPTEMBER 13, 2013 AND FEBRUARY 19, 2014, RESPECTVFiY. IN 'PREPARING THIS MAP, D.R. STRONG CONSULTING ENGINEERS SING HAS CONDUCTED NO INDEPENDENT T17LE SEARCH NOR IS D.R. STRONG CONSULTING ENGINEERS INC. AWARE OF ANY TIRE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY REFERENCED THAN TIRE INSURANCE COMPANY COMMITMENT. D.R. STRONG CONSULTING ENGINEERS INC. HAS RELIED WHOLLY ON CHICA00 TITLE COMPANY REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFORE D.R. STRONG CONSULTING ENGINEERS INC. QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS To THAT EXTENT. 2. ALL SURVEY CONTROL INDICATED AS 'FOUND' WAS RECOVERED FOR THIS PROJECT IN JULY, 2013 .3 PROPERTY AREA - 61,6004 SQUARE FEET (1.41413 ACRES). 4. ALL DISTANCES ARE IN FEET. S. THIS IS A FIELD TRAVERSE SURVEY. A LEICA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED W WAC 332 -13G -090. ALL MEASURING INSTRUMENTS AND EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS LEGEND ® FOUND MONUMENT AS NOTED O FOUND CORNER MONUMENT AS NOTED. • SET 5/8' X.24' RESAR WITH PLASTIC 3 CAP STAMPED FORS 37555' x SET TACK AND LEAD WITH i' BRASS 5 WASHER STAMPED 'D.R.S 37555' POE PRIVATE STORM DRAINAGE EASEMENT VBF VERTICAL BOARD FENCE BSBL BUILDING SETBACK LINE CITY FILE NO. 14- 101008 -00 —SU CROSSPOINT A PORTION OF GOVERNMENT LOT 2 (THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER), SECTION 25, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON SW. 356TH ST. LOT NO. — ' N87'22'30'W 331.71' (331.77 MEA.) 1 FOUND CONCRETE MONUMENT PUNCHED 2 35715 20TH A . SW 3 DON MONUMENT PLUG DOWN 0.7' IN MONUMENT CASE HOUND PUNCHED S WITH PUNCHED 2' BRASS 35733 20TH AVE. SW. 5 35703 20TH AVE. SW. CAP STAMPED DOWN MONUMENT 0.4' IN MONUMENT CASE I- UNPLATTED g XI 10' X 22.01' LAKEHAVEN UNPUiIED UTILITY DISTRICT SSE SEE LAKEHAVEN UTILITY DISTRICT 30' EASEMENT PROVISION SHEET 2 —'— S. LINE N. 380 CWT. LOT 2, SEC. 25 FENCE BSBL T1P.T -21 -3 N87 301 229.41 -� 1� CORNER 15� 0.7'N. % 0.8'E OF I UTIIJ EASEMENT SEE ESM'T. PROP. CORNER L _ G DEDICATION 1. SHEET 2 N87�3pTW 101713 S.F. VTIJ EASEMENT SEE SEE NOTES EASEMENT DEDICATION 1& `� I 2. SHEET 2 k CITY OF 3 UNPLATTED .P RESTRICTIONS 5, SHEET 2 1 1 TACOMA UTILITY EASEMENT I 1 96123 S.F. REC. NO. 20140122000150 ¢I y I I I °I a l n l I i�10' N FENCE CORNER IS 1.OE. OF N88-52'SSW 57.97' 1 98123 S.F. I PROP. LINE FENCE END IS 0.4'E. X '0.3'S. _�_ - G- \ n tD OF PROF. 'n° r -- I'6- --- 5' PDE SEE ESM'T. L ° I^ DEDICATION 3, SHEET 2 ryIc w TRACT B - I 3. 0�s; 961a S.F. i •° n QS• 7� •PRIVATE S70RM DRAINAGE FACIUtt n I L _ _ _ _ _ _ _ I FENCE CORNER IS SEE NOTES k RESTRICTIONS 3.. p _ _ _ _ r _ _ _ _ - 7 _ _ _ _ 1 0.VE. X 0.TN. OF PROP. CORNER SHEET 2 4 I 9 4 I 96223 S.F. I SEE NOTES k R- 26.G0' I I '� FOUND 4' CONCRETE y GATE O 439000 ^W RESTRICTIONS A 9130231 MONUMENT WITH PUNCHED 1 -1/2' BRASS CAP 5.67' a, SHEET 2 1e41.52' L. — STAMPED 'REPLACEMENT PLAT 'A' 28.60' — — —� MON L6 . R1 1 {1.01' N8722'30'W 169.61' 0.1E O' PROP. CORNER MAO PROP. RN AND B �$, TRACT A FOUND 5/8' REBAR WITH CAP STAMPED 'BOL7TMA 11286' 55984 S.F. FENCE IS PRIVATE ACCESS SEE NOTES k 3,4•N. W 0.2'E. X 0.4'S. OF PROP. X__ RESTRICTIONS 1 C 2, SHEET 2 ppOp, LINE X CORNER X F ,{, FENCE CORNER LE 2.6'NE. OF PROP. LINE N8772'30'W 168.45 '1C S. LINE N. 657 COPT. LOT 2, SEC. 25 -21 -3 Q`�OD -� 30.OP I -- . ��--- L - - -- I 30' — _ — FOND 4' CONCRETE \ ri MONVMENT YA7N1 PUNCHED Ott OF TACOMA \ POWER EASEMENT REC. I NO. 6098362 l 1 -3/4' BRASS CAR DOWN I Q2 IN NONUYENT CASE f� SW. 358TH CT.— UNPIATTED A � s � 1 I ADDRESS TABLE V' ALL ADDRESSES ARE FEDERAL WAY. 98023 \ LOT NO. ADDRESS Qp, \ �\ ' FOUND 4' CONCRETE 1 35707 207H A . SW. 2 35715 20TH A . SW 3 35721 20TH AW. SW. 4 35733 20TH AVE. SW. 5 35703 20TH AVE. SW. MONUMENT NTH PUNCED 1 -314' BRASS CAP DOWN 0.2' IN MONUMENT CASE EXHIBIT y ' " ' D.R. STRONG PAGE O� �` CONSULTING ENGINEERS SUP S c�4� ENGINNEERB PINMERB SIMVFYORS' M. FYIAVFJANE AIRO-ID, WA DB= 0423.B27.JOM F425A2 a1 JOB NO. 09091 ------------ A —4 > �o 0 PRIVATE ACCESS TRACT m— — — — — - JE 9 In %I PAGE...... 90 0) 20 2 co WILLEX USA 1, g4 CROSSPOINTE— 03- 101214— 00— SU Cm' 0• fzcm,:,#Ay PRELIMINARY SITE & LJTI.L!— PLAN 0 o 0 > > �o 0 PRIVATE ACCESS TRACT m— — — — — - JE 9 In %I PAGE...... 90 0) 20 2 co WILLEX USA 1, g4 CROSSPOINTE— 03- 101214— 00— SU Cm' 0• fzcm,:,#Ay PRELIMINARY SITE & LJTI.L!— PLAN RESOLUTION NO. 04-432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE CROSSPOINTE PRELIMINARY PLAT, FEDERAL WAY FILE NO. 03-101214-00 SU. WHEREAS, the owner, Willex =USA, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property knoivn as Crosspointe and consisting of 1.4 acres into five (5) single - family residential lots located along the west'side of 20`' Avenue SW at 35717 20'h Avenue SW; and WHEREAS, on February 4, 2004, an Environmental Determination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21 C; RCW,and WHEREAS, the Federal Way, Land Use Hearing Examiner on September 7, 2004, held a public hearing concerning the Crosspointe preliminary plat; and WHEREAS, following the conclusion of said hearing, on September 21, 2004, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Crosspointe 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 October 4, 2004, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Crosspointe 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 Crosspointe preliminary plat to the full City Council, with no changes to the )clearing Examiner recommendation; and WHEREAS, on October 19, 2004, the City Council considered the record and the Hearing Examiner recommendation on the Crosspointe preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. R Rcs. 4 04 -432, Page 1 EXH I BIT --_._g R i G I N A L PAGE_!`QF_ l3 I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. I 1. The findings of facrand conclusions of the Land Use Hearing Examiner's September 21, 2004 Report and Recommendation, ;attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health , safety, and general welfare and for such open spaces, drainage ways, streets or roads, allays, 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 Apprpval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Crosspointe preliminary plat, Federal Way File No. 03- 101214 -00 SU, is hereby approved, subject to conditions as contained in the September 21, 2004, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to'the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City 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 Res. N 04432, Page 2 EXHIRIT_�__ PAGE 2 OF.2._ provisions for the public health, safeXy, 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 and 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 19"' DAY OF October, 2004. CITY OF FEDERAL WAY MA , DEAN MCCOL A ST' r CITY CLERK, N. CHRISTINE GREEN, CIVIC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 1012/04 PASSED BY THE CITY COUNCIL: 10119/04 RESOLUTION No. 04;432 Res. # 04 -432, Page 3 EXHIRIT_. 1..._ PAGE _OF. a- Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: PRELIMINARY PLAT CROSSPOINTE SUBDIVISION FWHE# 04 -08 FW# 01- 101214 -00 -SU Related File # 03101215 -SE I. SUMMARY OF APPLICATION The applicant requests preliminary plat approval of a five -lot residential subdivision. The proposal includes the subdivision of 1.4 acres into five residential single- family lots. One existing single- family dwelling and two existing outbuildings on the property will be demolished. The proposal also includes developing a private access tract what will be reserved for potential future public dedication. Street improvements, water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will be installed to service the plait. II. PROCEDURAL INFORMATION Hearing Date: September 7, 2004 Decision Date: September 21, 2004 At the hearing the following presented testimony and evidence: 1. Jane Gamble, associate Planner, City of Federal Way 2. Stuart ScheuerMan, P.E., ESM, Consulting Engineers, L.L.C., 720 South 348' Street, Federal Way, WA 98003 3. Jeff Bellinghausen, 35809 20' Ave SW, Federal Way, WA 98023 4. Kim Scattarella,, Public Works Engineering and Traffic Division, 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. Memorandum Correction Errata to Staff Report EXHIBIT .D- PAGE__ OF. L3 Page - 3 3. Power Point Presentation (Hard Copy) 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 provision$ in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate noticeswere delivered in accordance with the requirements of the Federal. Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a rectangular, 1.4 acre parcel pf property abutting the west side of 201 Avenue SW, south of its intersection with SW 356' St. within the City of Federal Way. The applicant requests preliminary plat approval to allow subdivision of the site into five single family residential lots. 5. Improvements on the $ite include a single family residential dwelling and two outbuildings, all of whit;h the applicant will demolish and remove. Vegetation on the site consists of heivy underbrush and trees, and a major of the property slopes downward in a southwesterly direction with slopes of less than 2 %. Abutting uses on the ryorth side include residential development and undeveloped land while residential subdivisions located within the City of Tacoma abut the souto and west sides of the parcel. 6. The preliminary plat map shows four lots abutting 20'h Avenue SW and the fifth lot located in the northwest corner of the parcel behind lots one and two. A stormwater detention facility is located in the southwest corner of the parcel south of the fifth lot and west of lots three and four. A 12 foot wide driveway extends west from 20d,' Avenue SW along the north property line to provide access to lot five, and,a 30 foot wide private access tract extends west from 20' Avenue SW along the ±south property line to provide access to the storm drainage facility. Lots one and five and lots two and three have joint accesses onto 20' Avenue SW and lot.four will access onto the private access tract serving the storm drainage pond. EXMIRIT._j�_ PAGE __. _ OF,_. a. Page - 4 7. The parcel is located within the Single Family High Density designation of the City of Federal Way Comprehensive Plan and the Single Family Residential (RS) 9.6 zone classification of the Federal Way City Code (FWCC). Section 22 -631 FWCC authorizes deta0ed single family dwelling units as outright permitted uses in the RS 9.6 zones classification. Said section requires a minimum tot size of 9,600 square feet, front yard setbacks of 20 feet, and side and rear yard setbacks of five feet. Said section also authorizes a maximum lot coverage of 60 %. The preliminary plat map shows that all lot sizes satisfy the bulk regulations of the RS -9.6 zone classification, and that the rectangular lot shapes provide a reasonably sized building envelope for single family residential home. 8. No wetlands exist on orlwithin 200 feet of the parcel as established by a wetland assessment, and no priority species of wildlife inhabit the site or nearby vicinity. The alderwood gravelly;sandy loam soils can support urban development. Six trees on the site meet the definition of "significant ", and the applicant will retain three of such trees. Pursuant to Section 22 -1568 FWCC, the applicant will not need to. replace significant trees. 9. In accordance with Chapter 20 FWCC the applicant proposes to make a "fee in lieu" payment as opposed to dedicating open space. The City will calculate the fee in lieu based upon 15% of the assessed value of the property or a recent appraisal thereof. 10. The applicant will construct half street improvements on the west side of 200' Avenue SW across the,plat frontage. Half street improvements include a four foot wide planter strip, dive foot wide sidewalk, and three foot wide utility strip. Furthermore, as part ot'; the required school access route, the applicant will construct a five foot wipe, asphalt, walking path next to the driving surface of 20u' Avenue SW from the north property line of the plat to the existing sidewalk on SW 356'x' St. The applicant will separate the walking path from the travel surface by an extruded asphalt; curb. The private easement providing access to lot four and the storm drainago pond will include a four foot wide planter strip and five foot wide sidewalk. 11. All five tots in the subdivision will have ownership of the private access tract serving the storm drainage pond and must execute a maintenance agreement with language approved by the City. Improvements on the 30 foot wide access tract will include a 20 foot pavement width with vertical curb and gutter, four foot planter strip, street trees, and a five foot wide sidewalk on the north side of the exM1-Q1r_--L.. PAGE--k.OF!a_ Page - 5 tract. The applicant wilt also set aside the tract for future right -of -way dedication. 12. Schools serving the situ include Enterprise Elementary, Ilahee Junior High, and Federal Way Senior High. The school district provides bus transportation to all schools and walking paths from the plat provide safe access to school bus stops located at the intersection of 18u' Avenue SW and SW 357` St. and at SW 356'" and 200' Avenue SW. As previously found, the applicant will provide a safe route for school related pedestrian traffic with the five foot wide, asphalt, walking path extending to the existing sidewalk on SW 3561 St. The applicant must also comply with the City School Impact Fee Ordinance and make a per lot payment to the district of $3,2691 per single family housing unit, collected at the time of building permit issuance. 13. The Lakehaven Utility pistrict will provide both potable water and fire flow to the site and will also provide public sewer service to each lot. The applicant will design all storm drainage facilities to the standards set forth in the 1998 King County Surface Water iDesign Manual and the City's amendments thereto. The City's Public Works Department has reviewed the technical information report provided by the applicant's consulting engineers. The drainage plan proposes to collect stormwater from impervious surfaces and direct it to a private stormwater detention and water quality facility near the southwest corner of the site. The City will approve the final review of the facility and storm drainage plan. The applicant proposes to discharge stormwater from the site to the City of Tacoma's conveyance system which discharges to Commencement Bay. The detention pond will drain into a ditch which discharges to a catch basin at the start of the City of Tacoma's storrr water conveyance system. An abutting property owner testified that flooding occurs in the ditch area, and the applicant confirms standing water due to the flat topography. The applicant attempted to acquire an easement extending frpm the storm drainage pond to Tacoma's catch basin. However, the abutting ;property owner was unwilling to grant the easement. Even without the easement the storm drainage system meets all adopted City standards, and the volume of stormwater discharged from the plat will not exceed existing runoff'and will therefore not contribute to downstream flooding. 14. The abutting property Owner to the south expressed concerns regarding the a paved private access tract and sidewalk. The access road essentially dead ends at the storm drainage Pond, and the City has placed a barricade at the terminus. Children and other peuestrians access parcels to the west via the access tract, and trespass on the property to the south: Paving the road and installing a EXH HIT PAGE.... .OF-2 Page - 6 sidewalk will likely increpse the pedestrian cut through traffic. The Examiner has therefore added a condition of approval which requires the applicant to construct a six foot high, solid board fence along the south property line of the parcel. 15. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the critl ria set forth in Section 20- 126(C) FWCC. Findings on each criteria are hereby' made as follows: A. As previously found, the project is consistent with the Single Family High Density designation of the comprehensive plan. B. The preliminary plat must comply with the provisions of FWCC Chapter 18 "Environmental Policy'; Chapter 20 "Subdivisions "; Chapter 22 "Zoning "; and all other applicable City codes and regulations. Conditions of approval ensure compliance with all requirements. C. The project will be consistent with the public health, safety, and welfare, assuming compliance with conditions of approval and adopted City standards. D. The preliminary plat complies with the design criteria set forth in Section 20 -2 FWCC. E. The preliminary plat complies with the development standards set forth in Sections 20 -151 through 157, and Sections 20 -158 through 187. IV. CONCLUSIONS From the foregoing findings toe Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat is consistent with the Single Family High Density designation of the Federal Way Comprehensive Plan and satisfies all bulk regulations of the RS 9.6 zone classification. 3. The proposed preliminary plat satisfies all criteria set forth in Section 20- 126(C) FWCC. EXM!RIT L PAGE_�-OF l3 Page - 7 4. 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, potable water supplies, sanitary sewers, transit stops, schools and school grounds, parks and playgrounds, and safe walking conditions. The preliminary plat will setve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved subject to the followingiconditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWQC. Compliance may result in reducing the number and /or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage i plans and analysis shall comply with the 1998 KCSWDM and amerjdments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B. On -site sOrmwater quality treatment and detention using Level 2 flow control shall be provided using the basic water quality menu options of the 1908 KCSWDM as amended by the City of Federal Way. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. 2. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: A. 20' Avenue SW shall be improved along the frontage the project as a Minor Collector, half - street improvement. Improvements will include a minimum of 18 feet of pavement from the centerline of the right -of- way, vertical curb and gutter, four -foot planter strip, street trees, streetlights, and five -foot sidewalk, and three -foot utility strip within existing right -of -way (curb, planter strip, sidewalk and utility strip will be provided on only the west side of 20' Avenue SW). B. The private access tract shall be improved to the private access tract EXHIRI ' PAGE OF,i Page - 8 standard and shall be limited to serving Lot 4 and providing access to the private stormwater detention pond. All five lots in the subdivision shall hava undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tract shall 'be included on the plat and the language approved by the City. Improvements shall include a 30 foot tract width and 20 foot pavement width with vertical curb, gutter, four -foot planter strip, and a five foot wide sidewalk on the north side of the street. A three foot wide utility easement shall be provided along the southern lot line of Lot 4. Tract length shall be limited to a maximum of 150 feet from face of curb to:end of the tract. C. The private access tract shall have a minimum pavement section of three inches of Class B asphalt over seven inches of crushed surfacing ion all internal streets; 20' Avenue SW shall have three inches of'Class B asphalt over eight inches of crushed surfacing. 3. Clearing for the, construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Preliminary Roai Grading, Storm Drainage, and Utility Plan, Sheet 4, that was prepared b} the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the: Community Development and Public Works Department during final engineering plan review as required to reflect changes in road and utility designs, if any. 4. The applicant shall construct an attractive, well built, six foot high, solid board fence along the applicant's south property line. The applicant shall install the posts in concrete and cap the posts. EXHIBIT PAGE. O ,OFD_ Page - 9 RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Crosspointe be approved subject to the conditions contained in the conclusions above. ' DATED THIS 21$' DAY OF Septemb r, 004. STE EN K. CAUSSEAUX, JR. Wearing Examiner TRANSMITTED THIS 213` DAY OF September, 2004, to the following: ENGINEER: Stuart Scheuerman, P.E. ESM, Consulting Engineers, L.L.C. 720 South 30 Street Federal Way: I WA 98003 OWNER: Willex — USA;, 206 -953 -8421 31182 3rd Coiurt South Federal Way, WA 98003 Jeff Bellinghausen 35809 20' Ave SW Federal Way, WA 98023 EXMIRIT_ PAGE OF 3 Page -10 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 disc overed 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 incomIplete 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 direlction 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 chance 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 EXHIRI ' PAGE-IL-OFD Page -11 (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. EXH!RIT D PAGE 13 OFD,_ RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, approving the Crosspoint (a.k.a. Crosspointe) final plat, Federal Way, Washington, File no. 14- 101008 -00 -SU WHEREAS, on September 7, 2004, the Federal Way Hearing Examiner conducted a public hearing on the Crosspointe preliminary plat application resulting in the Recommendation of the Federal Way Hearing Examiner, dated September 21, 2004; and WHEREAS, the Crosspoint (a.k.a. Crosspointe) preliminary plat, City of Federal Way File No. 03- 101214- 00 -SU, was approved subject to conditions on October 19, 2004, by Federal Way City Council Resolution No. 04 -432, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, the applicant submitted the final plat application for Crosspoint, within the required time of receiving approval including three plat extensions discussed in the final plat staff report for the above - referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 04 -432; and WHEREAS, the City of Federal Way's Department of Community 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 May 13, 2014, 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 Crosspoint final plat during the Council's Special Meeting on May 20, 2014. Resolution No. 14- EXHIBIT Pa e I of PAGE I QF- -�e� "'° � _ NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Crosspoint final plat, City of Federal Way File No. 14- 101008- 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 May 13, 2014, 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, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. herein. 3. The public use and interest will be served by the final plat approval granted 4. All conditions listed in Federal Way Resolution No. 04 -432, dated October 19, 2004, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way Revised Code 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 Resolution No. 14- �H'B'� �� Page 2 of4 — .,...R"O n o PAGE � OF_.:�..... Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Crosspoint final plat, City of Federal Way File No. 14- 101008- 00 -SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records and Elections. 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. Corrections. The City Clerk and the codifiers of this resolution are authorized to make 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 this 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. 14- Page Page 3 of 4 Rev 1 /10 PAGE.1.©F._i RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_ CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 14- Page 4 of 4 EXHIBIT E Rev 1/10 PAGE.�QF=