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RES 14-662RESOLUTION NO. 14 -662 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 -662 Page I of 10 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 -662 Page 2 of 10 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 -662 Page 3 of 10 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 20'h day of May, 2014. CITY OF FEDERAL WAY ATTEST: CITY CLERK, CAROL CN LY CMC APPROVED AS TO FORM: INTERIM !CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 5 -15 -2014 PASSED BY THE CITY COUNCIL: 5 -20 -2014 RESOLUTION NO.: 14 -662 Resolution No. 14 -662 Page 4 of 10 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 "e "). 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`h Avenue Kirkland, WA 98033 425- 827 -3063 Location: The subject property is located in the City of Federal Way, on the west side of 2& Avenue SW at approximately the 35700 block (Exhibit A — Vicinity Map). Resolution No. 14 -662 Page 5 of 10 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. A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Crosspoint is enclosed (Exhibit E). Resolution No. 14 -662 Page 6 of 10 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. 1. 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. 201h 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`h 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 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. Resolution No. 14 -662 Page 7 of 10 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; 201h 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. 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: 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 Resolution No. 14 -662 Page 8 of 10 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(1)(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 (Impactfee $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. 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 Resolution No. 14 -662 Page 9 of 10 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 ExhibitA 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' /z x 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 Resolution No. 14 -662 Page 10 of 10