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LUTC PKT 02-10-1997 ~ I City of Federal Way City Council l..and Use/Transportation Committee February 10 1997 5:30pm City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. BUSINESS ITEMS A. Heritage Woods Plat, Division I Action B. School Impact Fees Action 5. OTHER ITEMS 6. FUTURE MEETINGS/AGENDAS South 336th & Kitts Retention Facility ROW Landscape Maintenance Contract South 356th 50% Design, Mitigation Plan & Blueberry Farm Righ Hand Turn Lane at South 336th Planning Commission Work Program Renaming of 32Oth Street and SR99 7. ADJOURN Harris/20 min Moore/20 mill Committee Members: Phil Watkins, Chair Ron Gintz Mary Gates I:\LU- TRANS\FEBIOLUT .AGN City Staff: . Greg Moore, CDS Director Sandy Lyle, Administrative Assistant 661-4116 City of Federal Way City Council Land Use/Trarispol1~ltion Committee la/lUary .13, 1997 5: 30pm City Hall Council Chambers SUMMARY In attendance: Committee members Phil Watkins, chair, and Mary Gates; Councilmember Hope Elder; Director of Community Development Services Greg Moore; Public Works Director Cary Roe; Assistant City Attorney Bonnie Lindstrom; Principal Planner Greg Fewins; Senior Development Engineer Gary Barnett; Street Systems Engineer Ken Miller; Surface Water Manager Jeff Pratt; Traffic Engineer Rick Perez; Associate Planner Deb Barker; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:30 pm. 2. APPROVAL OF MINUTES The minutes of the December 16, 1996, meeting were approved as submitted. 3. PUBLIC COMMENT There was no public comment on items other than those included in the agenda. 4. BUSINESS ITEMS A. Twin Lakes Park and Ride - The Hearing Examiner has recommended approval of the Twin Lakes Park and Ride subject to conditions which include increased lighting, security and landscaping. The discussion that followed was facilitated by Paula Hatley, METRO Sounding Board, and Susan Everett, WSDOT. The total cost of this project is $7 million. METRO has committed to $1 million of that amount. The Committee m/s/c recommendation of Option #2 of the Park and Ride project (with improved structures and restrooms) to the full Council. B. Metro ACCESS - One of the recommendations of the METRO Sounding Board was to reduce Dial-A-Ride transit (DART) in favor of enhanced ACCESS options and improved transit service within the City of Federal Way boundaries. Park Woodworth of King County METRO said that costs of the ACCESS program were anticipated to double with future demand. ACCESS operates three-quarters of a mile on either side of regular bus routes and denies ACCESS service to those who are able to use regular transit. School transportation is not provided because METRO is uncomfortable taking responsibility for the care of disabled children. ADA qualified passengers may be accompanied by another person. C. Soundine- Board Recommendations - Final Report - The METRO Sounding Board, comprised of interested Federal Way citizens, has formulated three alternative final recommendations for the future of transit within the boundaries of the City of Federal Way. The first makes local travel in Federal Way easier to use by implementing a grid system and by providing transfers. This option discontinues the DART system, necessitating that some passengers qualify for ACCESS. There are new connections with Kent and Auburn via the Twin Lakes Park and Ride. The second option serves neighborhoods and students which have not previously had transit. Peak service is increased but weekend service is lost. Option three improves DART by putting smaller buses into new neighborhoods and expands service to Twin Lakes, allowing transfers at a transit center. Of the three plans, this option appears most like service as it currently exists. The Sounding Board supports a transit center in the downtown area. The most frequent citizen request is to be able to purchase passes for Federal Way transit locally and not just through the mail. D. South 32Oth & SR 99 Renamin~ - At a previous City Council meeting, staff was directed to investigate the process for renaming portions of South 32Oth Street and Pacific Highway South. Through discussions with the WSDOT, Municipal Research Center, and various cities in the Puget Sound area, it was determined that there is no legal procedure that must be folIo wed by a city when renaming City streets, except that the change must be established by ordinance or resolution. The Committee directed that a move forward is critical now because of an upcoming area code change. Both changes could be made on company letterhead at the same time. Ideas for assistance getting out information included the Federal Way Chamber, the Federal Way News, and a dedicated phone line. The Committee m/s/c the request to the City Council for direction and a plan"of action. E. Till Grant J\wlication Ap.vroval for Street Improvement PrQjects - When projects become eligible for funding the City becomes responsible for matching money. The higher the match, the more likely it is the City will be awarded a grant. The Till street and pedestrian grant applications recommended for funding in each category are 23rd Avenue South improvements (SeaTac Mall "ring" road); South 32Otb & SR99 intersection; South 336th street improvements; 23rd Avenue South improvements; 21st Avenue SWat SW 334th pedestrian signal; South 312th Street Dash Point Road to 14th Avenue SW pedestrian walkway. The Committee m/s/c recommendation that Council approve the projects at the January 21, 1997, Council meeting. F. Surface Water System R~rt - December rainfall totals were double the normal expected amount. Staff was happy to report that storm water storage facilities, new or redeveloped in the last year, worked very well. Those projects highlighted were the 336th and Kitts Regional Stormwater Detention Facility and the projects on First Way at 352nd and 317th Streets. The past problematic areas continued in 1996 to be problems. Those included Joe's Creek, Lakota Creek, Fisher's BoglMirror Lake, Bellacarino Woods, Grouse Point, and SW 34Oth Street. 5. OTHER ITEMS There were no other items to discuss. 6. FUTURE MEETINGSI AGENDAS The next meeting date in February will be determined when potential agenda items are identified. The Committee noted that President's Day Holiday is on February 17, 1997. 7. ADJOURN The meeting was adjourned at 8:10pm. I:\LU- TRANS\1AN13UT.SUM CITY OF FEDERAL WAY MEMORANDUM DATE: February 3, 1997 To: City Council Land Use/Transportation Committee FROM: Jim Harris, Associate Planner RE: FINAL PLAT APPLICATION FOR HERITAGE WOODS DIVISION I Federal Way File # 80091-0001 & 80092-0005 I. SUMMARY OF ApPLICATION Parklane Ventures Inc. is requesting final plat approval of Heritage Woods Division I, a 45 lot division of the 111 single family lot Heritage Woods Preliminary Plat. The site is located on the west side of Military Road, generally between South 282nd and 284th Streets. The City of Federal Way granted approval of the III single family lot preliminary plat of Heritage Woods per City Council Resolution 92-122 on October 20, 1992. Included in Resolution 92-122 is an intent to rezone 29.5 acres of the site ftom RS 9.6 to RS 7.2. upon completion of the final plat. City staff has reviewed the final plat of Heritage Woods Division I for compliance with preliminary plat conditions and all applicable codes and policies and recommends approval of the plat and approval of the rezone ordinance to the City Council. The attached staff report addresses how the applicant has fulfilled conditions of preliminary plat approval referenced in Resolution 92-122. II. REASON FOR COUNCIL ACTION As required by RCW 58.17.170, and Section 20-134 of the Federal Way City Code, prior to approving a final plat the council is charged with detennining whether the final plat substantially conforms to all terms of the preliminary plat approval, and whether the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval. Pursuant to Section 20-303 of the Federal Way City Code, if the applicant completes development of the property in conformance with the resolution of intent to rezone and the approved site plan, then the city shall make the zone classification change approved in the resolution. The lots in Heritage Woods Division I have been developed in accordance with the resolution of intent rezone, and meet the minimum standards of the RS 7.2 zoning district. City Council Land UselTransportation Committee February 3, 1997 Page 2 Bringing this matter before the City Council Land UselTransportation Committee for review and recommendation prior to a decision by the full council is consistent with how land use matters are currently processed by the City of Federal Way. III. HEARING EXAMINER'S RECOMMENDATION A recommendation as to disposition of final plats by the Hearing Examiner is not required. IV. PROCEDURAL SUMMARY Jan 14, 1991 Jan 10, 1992 Application for preliminary plat is filed with the City of Federal Way. Application to rezone a portion of the site from RS 9.6 to RS 7.2 is filed with the city. April 8, 1992 Mitigated Determination of Non-Significance is issued by the city. ~ ,. June 1, 1992 Public Hearing on Preliminary Plat application and rezone application by the city's Hearing Examiner. June 16, 1992 Recommendation of preliminary plat approval and rezone approval issued by the Hearing Examiner. June 23, 1992 Request for Reconsideration of Hearing Examiner decision filed by the City of Federal Way Public Works Director. Oct 2, 1992 Oct 20, 1992 Oct 17, 1995 Sept 3, 1996 Hearing Examiner issued Decision on Reconsideration granting request for reconsideration in part and denying in part. Federal Way City Council approved Preliminary Plat and project related rezone application. Hearing Examiner issues a one year extension to the Heritage Woods Preliminary Plat. Final plat application submitted. Sept 20, 1996 City of Federal Way grants fifth year administrative extension, to expire on October 20, 1997, based on 1995 amendment to RCW 58.17.140. Feb 10, 1997 City Council Land Use/Transportation Committee reviews application for final plat and project rezone for Heritage Woods Division I. City Council Land UselTransportation Committee February 3, 1997 Page 3 V. DECISIONAL CRITERIA Pursuant to Section 20-134 of the Federal Way City Code, the City Council shall approve the final plat based on written findings if the following criteria has been met. 1. 2. The final plat is in substantial conformance to the preliminary plat. The final plat is in conformity with applicable zoning ordinances or other land use controls. All conditions of the Hearing Examiner and/or City Council have been satisfied. All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. All taxes and assessments owing on the property have been paid. 3. 4. 5. All of the above criteria have been met as identified in the attached staff report. Pursuant to Section 20-303 ofthe Federal Way City Code, the City Council shall approve the zone reclassification trom RS 9.6 to RS 7.2 if the applicant completes development on the property in conformance with the intent to rezone. This criteria has been met, as Division I meets the standards of the RS 7.2 zoning district. VI. COUNCIL ACTION A resolution approving the final plat for Heritage Woods Division I is attached to the staff report. An ordinance reclassifying a portion of the site trom RS 9.6 to RS 7.2 is also attached to the staff report. After consideration of the staff report and recommendation, if the City Council finds that all criteria outlined inRCW 58.17.170, Section 20-134 and Section 20-303 of the Federal Way City Code have "been met, the City Council may approve the plat for recording and approve the zoning reclassification by a majority vote of its membership. The applicant has requested that the City Council suspend council rules to adopt the rezone ordinance in one reading, and condense the rezone ordinance enactment time trom thirty days to five days (Exhibit G to staff report: January 30, 1997, letter trom Parklane). enc hwoodollut<wmm DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval and Rezone Approval I. INTRODUCTION Date: Request: Description: Owner: Engineer: Location: HERITAGE WOODS DIVISION I Federal Way File Nos SUB91-0001 & SUB92-0005 February 3, 1997 Request for final plat approval and zone map change from RS 9.6 to RS 7.2, for Heritage Woods Division I. Heritage Woods Division I is a proposed subdivision including 45 single family lots. Division I comprises a portion of the Heritage Woods Preliminary Plat of 111 single family lots on 41 acres. The 111 lot Heritage Woods Preliminary Plat was granted approval by the Federal Way City Council on October 20, 1992, per Resolution 92-122. Included in Resolution 92-122 is an intent by the City Council to rezone 29.5 acres of the site ITom RS 9.6 to RS 7.2. Access for Division I is ITom Military Road at South 282nd Street. All required roads, sidewalks, storm drainage faciJities, sewer lines, and water lines within Division I have been constructed. Parldane Ventures 31620 - 23rd Avenue South, Suite 320 Federal Way, Washington 98003 (206) 946-3652 Jim Jaeger Jaeger Engineering 9419 South 204th Place Kent, W A 98031 (206) 850-0934 Along the west side of Military Road between South 282nd and South 284th Streets; in Section 33, Township 22 North, Range 4 East, WM, King County (Exhibit A - Vicinity Map). Staff Report - Final Plat Heritage Woods Div. I Page 2 Sewage Disposal: Lakehaven Utility District. Water Supply: Lakehaven Utility District. Fire District: No. 39 - King County. School District: No. 210 - Federal Way. Report Prepared By: Jim Harris, Associate Planner. II. HISTORY AND BACKGROUND ~ Heritage Woods Division I is a proposed subdivision including 45 single family lots on approximately 28 acres (Exhibit B - Division I Final Plat Map). Division I comprises a portion of the Heritage Woods Preliminary Plat of 111 single family lots on 41 acres (Exhibit C - Preliminary Plat Map). The 111 lot Heritage Woods Preliminary Plat was granted approval by the Federal Way City Council on October 20, 1992, per Resolution 92-122 (Exhibit D - Resolution 92-122). During the engineering design and review phase, the developer chose to construct the project in multiple phases. This application is for final plat and rezoning of a 45 lot division of the approved 111 lot project. The remainder of the preliminary plat must be constructed and have a final plat application submitted by October 20, 1997, or the remainder of the preliminary plat and project related rezone will expire. A proposed Resolution of the City of Federal Way, Washington, to approve the final plat of Heritage Woods Division I is attached (Exhibit E - Final Plat Resolution). Zoning for the 41 acre site at the time of preliminary plat application was RS 9.6 for the eastern 29.5 acres and RS 7.2 for the western 11.5 acres. Included in Resolution 92-122 is an intent to rezone the easterly 29.5 acres of the site fÌ"om RS 9.6 to RS 7.2. Resolution 92-122 established an intent to rezone the eastern 29.5 acres of the site upon final plat approval. The eastern portion of Division I is currently zoned RS 9.6 and the attached ordinance will reclassify the eastern portion of Division I to RS 7.2, consistent with the intent to rezone. Lot sizes on the Division I final plat range fÌ"om 7,201 square feet to 11,173 square feet. Staff Report -Final Plat Heritage Woods Div. I Page 3 A proposed ordinance to rezone a portion of Heritage Woods Division I from RS 9.6 to RS 7.2 is also attached (Exhibit F - Rezone Ordinance). Access for Division I is from Military Road at South 282nd Street. A second access to Division I and the remainder of the plat will be developed at South 284th Street from Military Road, with construction of that portion of the plat. The developer applied for final plat approval for Division Ion September 3, 1996. Improvements for Division I are now substantially completed. As per RCW 58.17.170 and Section 20-134 of the Federal Way City Code, the City Council is charged with determining whether: the proposed final plat conforms to all terms of the preliminary plat approval~ if the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval~ if aU taxes and assessments owing on the property have been paid~ and if all required improvements have been made or sufficient security has been accepted by the city. City of Federal Way staffhas reviewed the final plat of Heritage Woods Division I 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 Federal Way City Code (FWCC) section 20-133. III. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The foUowing lists conditions of preliminary plat approval and SEP A conditions in the same order referenced in Federal Way City Council Resolution 92-122 and SEP A MDNS respectively. Current City policy is to approve final plats upon substantial completion of required improvements. Required improvements have been substantially completed, however a few items have not. Responses to some conditions below include references to a June 1, 1997 completion timeline. This is due to the applicant's inability to complete certain improvements during adverse winter weather. Recognizing the unusual weather conditions during the past few months, a June 1, 1997 completion date has been established for completion of outstanding improvements. This allows the applicant the ability to record the final plat prior to completing a few remaining improvements. Financial guarantees are on file with the City to ensure that these items are addressed by the established deadline of June 1 1997. 1. Pursuant to section 20.130.30 of the Environmental Policy Ordinance, all mitigation measures of the Apri/8, 1992, Determination of Non significance are incorporated by '" .'. Staff Report - Final Plat Heritage Woods Div. I Page 4 reference as conditions of this approval. Failure to comply with the mitigation measures shall constitute grounds for suspension and/or revocation of this approval. STAFF RESPONSE: This condition has been met. See comments in section IV of this report below regarding compliance with SEP A conditions. 2. Approval of this proposed preliminary plat is subject to approval of rezone application number RZ92-0001. In the event that rezone application number RZ92-0001 is modified or denied, any action to approve this preliminary plat shall be deemed invalid and a new public hearing required STAFF RESPONSE: An ordinance to reclassify the zoning for the eastern portion of Division I to RS 7.2, consistent with Resolution 92-122, is attached to this report. Final plat approval of future division(s) of Heritage Woods will include rezone ordinances for those remaining portions of the site currently zoned RS 9.6. 3. To the maximum extent feasible, existing natural vegetation shall be utilized within all landscape buffer areas as required by the Director of Community Development Services. As proposed, the applicant will provide a 15 foot wide buffer of native vegetation along the rear of lots adjoining the north, south, and west property lines of the site. STAFF RESPONSE: This condition has been met. With the exception of areas approved for clearing and grading, natural vegetation has been left. The rear of lots abutting the north and west site perimeter have a 15 foot wide Native Growth Protection Easement (NGPE). Note 11 on sheet 5 of 7 of the final plat map identifies clearing and building limitations in the NGPE. 4. Prior to final plat approval, lot number 59 shall be reconfigured to be located entirely outside of any required 100 foot wetland setback area. STAFF RESPONSE: This condition has been met. Lot 59 on the preliminary plat map has been renumbered lot 45 on the final plat map. Lot 45 on the final plat map is configured so that it is entirely outside the required 100 foot wetland setback. 5. Prior to final plat approval, all proposed usable open space shall be dedicated to the city as required by the Parks Director. As proposed, the applicant will construct tennis court facilities as approved by the Parks Director. As proposed, the applicant will erect a sign or monument regarding 'Old Military Road' as approved by the Parks Director. STAFF RESPONSE: This condition has been modified by approval of a Process I review. The revised condition reads as follows: Staff Report - Final Plat Heritage Woods Div. I Page 5 Revised Condition # 5: The developer will construct a minimum improvement of a 140 foot by 200 foot irrigated, soil amended lawn area graded and seeded to Parks Department standards, and 12 park trees. There shall be $50,000.00 expended for construction and material, and the developer shall provide records at no cost to the city of all labor, materials, and equipment associated with the park development. Additional park amenities will be constructed by the developer if any of the $50,000.00 budget remains after the lawn area and trees are installed The Parks Department will provide the park improvement design of the lawn area, trees, and irrigation system at no cost to the developer. The developer will also erect a sign or monument regarding "Old Military Road" as approved by the Parks, Recreation, and Cultural Services Department Director. Prior to final plat approval of Heritage Woods Division L the developer shall post a $50,000. 00 bond to ensure construction of the improvements. The open space tract shall be dedicated to the City of Federal Way with recording of Heritage Woods Division L and the park improvements shall be completed by the developer within 12 months of recording of Division I, or by recording of Division IL whichever is first. STAFF RESPONSE: Tract A comprising approximately 4.1 acres of usable open area will be dedicated to the City of Federal Way upon recording of Division I final plat. Prior to final plat recording, the applicant will post a $50,000 bond to ensure construction of the improvements in the public park. Signage noting the historical significance of Old Military Road must be placed per Parks Department approval prior to plat recording, or the applicant may provide a cash deposit of 120 percent of the Parks Department estimated cost of the sIgn. 6. No general site clearing or grading shall occur on or within 25 feet of geologically hazardous areas located on lots 52, 53, 56, 57, and 58. Any building construction located within these sensitive areas or setbacks shall be by piling or pier type foundation construction as required by the Building Official, to minimize grading and disturbance within the geologically hazardous area. Upon completion, all disturbed areas shall be replanted as required by the Building Official. STAFF RESPONSE: Lots 52-58 of the preliminary plat are not included in Heritage Woods Division 1. On January 8, 1997, the applicant submitted a Process I application to modify preliminary plat conditions six and seven. Conditions six and seven will be addressed in a future division of Heritage Woods. 7. Individual homeowners for lots 52,53,56,57, and 58 shall be responsible for providing the city with services of a qualified professional engineer for purposes of reviewing and inspecting pier or piling type residential construction located within geologically hazardous areas, as required by the Building Official. Staff Report - Final Plat Heritage Woods Div. I Page 6 STAFF RESPONSE: See response to item 6 above. 8. The developer shall be responsible for providing the city with services of a qualified professional engineer for purposes of reviewing and inspecting any street or utility work located within geologically hazardous areas, as required by the Public Works Official. STAFF RESPONSE: This condition has been met. Both 26th Avenue South and 25th Place South and associated utilities were constructed within small portions of geologically hazardous areas. The developer provided the services of a testing laboratory for confirming compaction of roadway subbase and crushed rock courses during construction. 9. Due to potential erosion hazard and impacts to environmentally sensitive areas, clearing shall be limited only to the months of April through October. STAFF RESPONSE: This condition has been met. Site clearing and grading was generally limited to occur between April and October. When weather conditions were favorable, exceptions were approved to allow clearing and grading between October and April. . 10. Retention/detentionfacilities used to control runoff from the site to off-site drainage courses shall be located in a surface water tract to be dedicated to the city at the time of final plat approval, as required by the Public Works Director, unless located within improved City of Federal Way rights-of-way. All retention/detention facilities shall be landscaped to provide a visual buffer from surrounding properties. A landscape plan shall be submitted for approval by the Director of Community Development Services prior to issuance of construction permits. STAFF RESPONSE: The improvements within the stormwater tract have been installed and are operational. Final acceptance and dedication of the surface water system improvements in Tract E are to be deferred until final plat approval for the last Heritage Woods Division, due to potential for on-site erosion and additional maintenance during development of additional divisions. Note 10 on Sheet 5 of7 indicates future dedication of Tra,ct E upon completion of Division II or upon request by the Public Works Director. A landscape plan for buffering the retention/detention facility has been approved by the Department of Community Development Services and implemented by the developer. 11. Prior to final plat approval, those portions of the surface water facilities necessary to retain/detain, convey, and treat the flows discharging from the site shall be constructed and operational. Staff Report - Final Plat Heritage Woods Div. I Page 7 STAFF RESPONSE: This condition has been met. The surface water facilities have been constructed. The Public Works Department has evaluated the operation of the constructed surface water facilities. The surface water facilities are working adequately at this time to protect the downstream conditions. Minor punch list items remain to be completed by June 1, 1997. The punch list items are included in the performance bonding. 12. A 15-foot gravel access shall be provided along the entire length of each biofiltration swale for maintenance as required by the Public Works Director. The biofiltration swale and gravel access shall be located in a surface water tract to be dedicated to the city prior to final plat approval. STAFF RESPONSE: See response in item 10 above regarding surface water drainage improvements. A 15 foot gravel access to the biofiltration swale has been constructed. The bioswale is located in Tract E which will be dedicated to the city upon completion of the last division of Heritage Woods. 13. In some cases, on-site surface water infiltration systems may be suitable for use on individual lots depending on soil conditions. This type of system shall be used where suitable. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at six foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water, and the occurrence of mottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. If the soils report is approved, the infiltration systems shall be installed prior to occupancy of the residence. A note to this effect shall be placed on the face of the final plat map. The drainage plan and the final plat map shall indicate each lot approved for infiltration. STAFF RESPONSE: This condition has been met. A soils analysis was completed as part of the design work for the plat inftastructure. This analysis found the soils to be poor in infiltratiçm potential. As such, positive stonn drainage connections to the piped stonn drainage system were provided for each lot. A note on sheet 7 of 7 of the final plat addresses lot drain connections. 14. Existing on-site surface water ponds shall be retained as part of the storm drainage system and shall be utilized as a one-cell wetpond for treatment of runoff prior to entering the detention facilities or biofiltration swale. Discharge into the pond shall be oriented to maximize the retention and settlement times of the water in the pond The pond shall be located in a surface water drainage tract to be dedicated to the city prior to final plat approval, as required by the Public Works Director. Staff Report - Final Plat Heritage Woods Div. I Page 8 STAFF RESPONSE: The existing on-site pond has been incorporated into the storm drainage system as a one-cell wet pond. Routing of the storm water has been designed to maximize the retention time and treatment effectiveness in the pond. The pond is located within Tract E along with the other associated storm drainage faci1ities. See response to item 10 above regarding dedication. 15. A geotechnical report shall be prepared by a licensed geotechnical engineer to address recommended designs for proposed roadways. The report shall detail soil and groundwater conditions. Recommendations to ensure integrity of future roadways shall be subject to review and approval by the Public Works Director. STAFF RESPONSE: This condition has been met. Pavement Design Recommendations, a report by GeoTech Consultants, Inc., was prepared on May 8, 1995, for the proposed street improvements in the plat. This report provided detailed soil and groundwater conditions. Further pavement design for Military Road South was provided by Jaeger Engineering in April 1996, with review and final approval by the Public Works Director. f 16. A temporary paved tum-aroundwill be constructed at the westerly end of 25th Place South in accordance with Section 2.07 of the King County Road Standards. Sidewalks shall be constructed to extend through the temporary tum-around area. Temporary easements shall be provided and shall be placed on the face of the final plat as required by the Public Works Director. STAFF RESPONSE: This condition has been met as modified by the Public Works Director. The applicant requested to amend the street design to delete the sidewalks through the cul- de-sac. Upon review of the construction drawings, the Public Works Department determined the extension of sidewalks through the temporary cul-de-sac are not necessary at this time. The approved design will more easily accommodate the future extension of the roadway. Temporary easements are shown on the plat map. 17. A 10-foot utility easement shall be provided along the front of all lots and tracts located adjacent to the proposed street rights-of-way as required by the Public Works Director. STAFF RESPONSE: This condition has been met. This 10-foot uti1ity easement has been accommodated by Easement Provisions and Reservations note on sheet 7 of 7 of the Final Plat drawings. 18. Applicant is required to construct Military Road South to a three lane configuration with curb, gutter, sidewalk, and bike lanes on both sides of Military Road Staff Report - Final Plat Heritage Woods Div. I Page 9 STAFF RESPONSE: In 1994 and 1996, the applicant requested modifications to requirements along Military Road South. Specifically, the requests were to reduce the width of sidewalk along the west side of Military Road; eliminate the landscape median within the left-hand turning lane; eliminate the bicycle path, curb, gutter, six-foot-wide landscape strip and eight- foot-wide sidewalk along the east side of Military Road; and widen the easterly side of Military Road an additional five feet to create a shoulder. Pursuant to Resolution 92-122 (resolution granting Preliminary Plat approval), minor modifications may be granted subject to Use Process I procedures. After issuing public notification, and considering all information related to the request, the city issued a decision on May 24, 1996. The city granted modifications related to improvements along the east side of Military Road only. As such, Military Road will be constructed to include three lanes of travel, a bike path, vertical curb, gutter, and concrete sidewalk on the west side only, and asphalt wedge curb and eight-foot- wide asphalt shoulder along the east side (to provide for pedestrian and bicycle circulation). Construction of the east portion of Military Road, the final pavement overlay, and striping for the lanes and bike path have not been completed due to unfavorable weather conditions. A cash set aside for 120 percent of the construction cost of the remaining items provides financial assurance to complete the remaining improvements as required by the Public Works Department by June 1, 1997. IV. SEPA CONDITIONS 1. All development activities shall be designed and constructed in accordance with recommendations and conclusions contained in the June 19, 1990, Report of Geotechnical Investigation, prepared by Geotechnical Services for the proposed development, as required by the Public Works Director and Building Official. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director or Building Official for development activities located within sensitive areas. STAFF RESPONSE: This condition has been met. The subdivision improvements were developed in accordance with geo-technical recommendations. The Public Works Department approved engineered plans for construction of the subdivision improvements. 2. The Public Works Director may require that trees, shrubs, and ground cover be retained within clearing, grading, and construction limits, except where necessary for installation of approved improvements, or may require replacement of vegetation in disturbed areas until future home construction occurs. STAFF RESPONSE: A clearing limits plan and erosion control plan were designed by a 1icensed engineer and approved by the Public Works Department. Additional erosion and Staff Report - Final Plat Heritage Woods Div. I Page 10 sedimentation control measures are required on an as needed basis. A financial guarantee has been posted to provide financial assurance of implementing erosion control devices as may be required in the future by the Public Works Department. 3. Lot 59 shall be reconfigured to be located outside of the 100 foot setback of adjacent wetland areas, or an easement shall be recorded against the lot to preclude homeowner use and development of all lot area located within the required 100 foot setback, prior to recording of the final plat. STAFF RESPONSE: This condition has been met. Lot 59 on the preliminary plat map has been renumbered Lot 45 on the final plát map. Lot 45 is configured to meet SEP A mitigation measure #3, as the lot is located outside the 100 foot wetland setback. 4. A final wetland mitigation plan shall be approved by the Director of Community Development Services prior to beginning any onsite construction work associated with the subdivision. The plan shall include the following information: a. Mitigation Plan including the following elements: 1) Environmental goals and objectives, including public access and buffer measures. 2) Performance standards. 3) Detailed construction plans. 4) Timing. 5) Monitoring program for a minimum of five years. 6) Contingency plan. 7) Performance bonding in an amount of 120 percent of the costs of implementing each of the above elements. b. Mitigation shall be designed to improve the functions and values of impacted wetland and setback areas, and shall include the following minimum replacement ratios for each acre impacted: 1) For forested wetlands with at least 20 percent of the surface area covered bywoo£{y vegetation greater than 20 feet in height, the replacement ratio shall be a minimum of 3: 1. 2) For scrub-shrub wetlands with at least 30 percent of its surface covered by wo~ vegetation less than 20 feet in height as the uppermost strata, the replacement ratio shall be 2:1. . 3) For emergent wetlands with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata, the replacement ratio shall be 1.5:1. 4) The replacement ratio for all other wetlands shall be 1.25: 1. Staff Report - Final Plat Heritage Woods Div. I Page 11 STAFF RESPONSE: This condition has been met. See additional staff comments under sub item 4( d) below. A wetland mitigation, creation, and enhancement plan was approved by the city prior to issuance of construction plans for the subdivision improvements. The wetland mitigation, creation, and enhancement plan met the requirements of SEP A mitigation measure 4 (a & b), and has been implemented and accepted by the city's consulting wetland biologist. Performance bonding for wetland maintenance and contingency shall be provided by the developer prior to final plat recording. c. All required wetland mitigation improvements, except monitoring, shall be completed and accepted by the Director of Community Development Services prior to submitting the final plat for final approval. In any event, all mitigation work shall be completed within six months from the time wetland or wetland setback areas are initially disturbed through related subdivision construction activity. STAFF RESPONSE: This condition has been met, as discussed in staff response 4(b) above. d The applicant shall pay for services of a qualified professional selected and retained by the city to review the wetland mitigation plan and other relevant information, conduct periodic inspections through the construction phase, issue a written report to the Director of Community Development Services stating the project complies with requirements of the mitigation plan, and to conduct and report to the director on the status of the monitoring program. STAFF RESPONSE: The applicant has paid for the services of the city's wetland consultant through the design and construction phase. The applicant will pay an outstanding consultant review invoices prior to final plat recording. Prior to plat recording, a cash deposit will also be provided by the developer to cover city consultant review of the approved five year wetland monitoring program. 5. Prior to final plat approval, the applicant shall construct downstream drainage improvements identified in the December 20, 1991, Preliminary Drainage Analysis, prepared by Jaeger Engineeringfor the site, as required by the Public Works Director. In lieu of constructing these improvements, prior to final plat approval and at the discretion of the Public Works Director, the applicant may pay $60,696.00 as their pro-rata contribution towards implementation of these improvements. STAFF RESPONSE: The developer has selected to pay the pro-rata contribution towards design and construction of the downstream drainage improvements. The amount to be paid by the developer prior to recording Division I final plat is $60,696. A partial contribution based on the ratio oflots in Division I to the number oflots in the entire subdivision is not r Staff Report - Final Plat Heritage Woods Div. I Page 12 recommended since Division II development area has been cleared, resulting in an increase in runoff trom Division II at this time. 6. All homes located within this subdivision shall be properly sound insulated to achieve a level of 45 Ldn within general habitable space and 40 Ldn within bedrooms, consistent with the Uniform Building Code and other regulations, as required by the Building Official. STAFF RESPONSE: This condition will be implemented during pennitting and construction of homes. In addition, a note to this effect has been placed on sheet 5 of7 on the final plat. 7. Any development within designated open space areas shall be designed and constructed, as required by the Director of Community Development Services, to protect and enhance wildlife habitat to the maximum extent feasible. This effort may include, but is not limited to, revegetation and restoration of disturbed areas, retention and/or replacement of significant vegetation, and use of vegetation or other features which provide habitat for native wildlife species. STAFF RESPONSE: This condition has been met. Prior to site construction, an approved wetland mitigation, creation, and enhancement plan was approved by the City of Federal Way. The wetland mitigation, creation, and buffer enhancement plan has been approved by the city's consulting wetland biologist. All non-buildable open space areas disturbed during construction have been re-planted with native vegetation. 8. Beyond required frontage improvements, the applicant shall construct Military Road South widened to four lanes with provisions for bicycles, sidewalks, signal modifications, illumination, street trees, and property acquisition from 1-5 to South 288th Street, as required by the Public Works Director prior to final plat approval. In lieu of constructing these improvements, prior to final plat approval and at the discretion of the Public Works Director, the applicant may pay $11,600 as their pro-rata contribution towards implementation of these improvements. STAFF RESPONSE: The developer has elected to pay a pro-rata contribution in lieu of constructing street improvements beyond the trontage of the site. The amount to be paid for Division I is $4,756.00 which is 41 percent of the $11,600. This contribution is based on a ratio of the 45 lots in Division I to the total of 111 lots in the approved preliminary plat. The $4,756.00 must be provided prior to recording Division 1. 9. Prior to final plat approval, Military Road South shall be paved from the north and south termini of the required right-of-way improvements abutting the site with tapers to match into the existing pavement improvements. The tapers shall be provided as approved by the Public Works Director. Staff Report - Final Plat Heritage Woods Div. I Page 13 STAFF RESPONSE: This condition has been partially constructed with all unfinished work financially secured to be completed by June 1, 1997 as agreed by the developer and Public Works Department. See item 18 in section III above regarding completion of improvements on Military Road. 10. Prior to final plat approval, a north bound left turn lane on Military Road South at the intersection with South Star Lake Road shall be designed and constructed, as required by the Public Works Director. StAFF RESPONSE: A north bound left turn lane at the intersection of Military Road South and Star Lake Road has been designed to the approval of the Public Works Department. The pavement widening, overlay, and striping for the lane has not yet been completed due to unfavorable winter construction conditions. A cash set aside for 120 percent of the construction cost must be provided prior to final plat recording to assure completion of the turn lane concurrent with completion of Military Road by June 1, 1997. f 11. Prior to final plat approval, the applicant shall coordinate with the city and King County the modification of the signals at South 288th Street and South 272nd Street, respectively, through adjustments in timing and phasing to mitigate the LOS F operations of the intersections, as required by the Public Works Director. STAFF RESPONSE: The developer has installed conduit along the site's ffontage on Military Road South to provide for future signal interconnect between South 288th Street and South 272nd Street. Other improvements consist of conversion of the left turn phasing at South 272ndlMilitary Road to protected/permissive on all four legs, (pending King County approval) and conversion of the left turn phasing to protected/permissive on Military Road South at South 288th (north and south legs only). This condition will be completed concurrently with Military Road improvements by June 1, 1997. 12. Prior to final plat approval, the applicant shall design and construct a traffic island and signage at the intersection of South 284th Street! Military Road South to route westbound traffic from South 284th Street right only onto Military Road South, as required by the Public Works Director. STAFF RESPONSE: No access to or from the site will occur at this location with Division 1. This condition will be implemented with approval of the applicable division of Heritage Woods. A traffic island and signage at the east side of the intersection of South 284th Street and Military Road South has been designed to the approval of the Public Works Department. Since these facilities coincide with the development of Division II, construction of the island and signage have been deferred to completion of Division II. Staff Report - Final Plat Heritage Woods Div. I Page 14 13. Prior to final plat approval, the applicant shall prepare and submit for approval and recording a Transportation Management Plan (IMP) that is acceptable to METRO and the City of Federal Way Public Works Director. STAFF RESPONSE: A TMP is intended to encourage reduction in traffic generation through the use of car pooling, subsidizing use of buses, and other means. METRO has been contacted and provided information on development of a TMP. The developer will construct a bus pad on the west side of Military Road concurrently with Military Road improvements by June 1, 1997, thus improving METRO access. Information on ride sharing, and bus schedules wil1 also be provided by the developer to prospective home buyers. 14. A minimum ten foot wide paved or concrete pedestrian path shall be constructed from 23rd Court South to 22nd Avenue South prior to final plat approval, as required by the Public Works Director. The entire path shall be provided for general public use by means of dedication, easement, or other acceptable mechanism. STAFF RESPONSE: The pathway to be located in Tract B has not been constructed, and must be completed by to June 1, 1997. A cash set aside for 120 percent of the construction cost must be provided prior to recording Division 1. ~ V. DECISIONAL CRITERIA Pursuant to Section 20-134 of the Federal Way City Code, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: CRITERION # 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 SEP A mitigation have been met, financial1y guaranteed, or deferred to a future phase of the plat. CRITERION #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, subject to the approval of the ordinance rezoning a portion of the site £Tom RS 9.6 to RS 7.2. The plat meets the zoning code standards for the RS 7.2 zoning district. CRITERION #3. 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. Staff Report - Final Plat Heritage Woods Div. I Page 15 CRITERION #4. 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 Division I have been constructed or financially guaranteed. In addition, all water and sewer lines for Division I have been installed and approved by Lakehaven Utility District. Adequate bonding is in place with the city and Lakehaven Utility District. CRITERION #5. All taxes and assessments owing on the property 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. VI. CONCLUSION Based on a site visit, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Heritage Woods Division I meets all platting requirements ofRCW 58.17.170, and Section 20-134 of the Federal Way City Code. Certain financial securities and other items will be provided to the City prior to recording the plat at King County. The project has also been developed in conformance FWCC section 22-298 regarding project related rezones, and Resolution 92- 122 regarding the intent to rezone a portion of the site. A recommendation of final plat approval and zoning reclassification is therefore being forwarded to the City Council for your approval. VII. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G G:\CDSlhwoods.rpt Vicinity Map for Heritage Woods. 8Y2 x 11 Reduced Copy of Final Plat Map of Heritage Woods Division I (seven pages). 8Y2 x 11 Reduced Copy of Approved Preliminary Plat of Heritage Woods. Resolution 92-122 - October 20, 1992, City of Federal Way Preliminary Plat Approval of Heritage Woods. Final Plat Resolution of the City of Federal Way, Washington, Approving the Final Plat of Heritage Woods Division 1. Rezone Ordinance Reclassifying Zoning for a Portion of Heritage Woods Division I from RS 9.6 to RS 7.2. Letter from Parklane dated 1/30/97 . . ..; -," .. ~a.: YAlDOI;OO -.. .......", .~ . Vie iN \ T'{ ~\-rA$ WbOPS MAY . EXHIB~T ~ A PAGE--L- OF --L- I HERITAGE PORTIONS OF SECTION 33, CITY OF FEDERAL WOODS DIVISION TOWNSHIP 22 NORTH, RANGE 4 fAST, WAY, KING COUNTY, WASHINGTON W M "' .n" ",." "OCO1.O', " 0.' 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PHONE NO,: 12061,838-1,937 HERITAGE PORTIONS OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON WOODS DIVISION W M ~j CO;?' c'; \ \ I ,- ,; I:, "- \, ',' \ ~, " \- ': U\~ \ :"1 <i~~~.~, \ ' ......~ ': ' TRACT QJ ;:~;~~, FUTURE ¡)"'~, : DEVELOPMENT .. <3.1Z0,6 5' / /' ( p SEE SHEET 4 , , , " ,,", .. -- .- t;- ~ ~ ~ <:S ,/' , / \.. "- '::, ::, " , ;, 6 ---:::, ,"', ;.,' , t::ígf}¡ ¡:; ~ f/$i@ 6,25<; - if '............... " .:; --' ~,9!" '3'0":;;-"",, ~'oá~". 65' <8'"", I I I I I I I / I "'v / II W.lland -F' \ I --~\ II ~; m I on '~-r, r. ;,:;;;~ ~. , I 'i-" £'\'~~ ,'" ~,~ :, I C ~I':' ':: ' ;'/! Ig,.; I q;: "'; <I '-, :>:'!' 1..4""$C I,'" OO~.,' I, -;" "'ëtL4 'PING;;, J)~~di 1;;::- :;! /'. "4tlVf:""B1Ji,."'tt"'N b ~'" 1:-<"- ~: "~YCltyPt.4"rl:ps.,<00' ~ ¡-Y..; I ,,':t -" 'LtL4~&C' "ROv,!": , ,I,') / '. S. <8~~ """ 1 ~-, ---~ .~- 8°--- <;"", "':"'---"'.y ~ ..' ,!(; - ~oo S",þ , ~ 6' 't.93~'-~6" r(££'ì. ., L,,§;;.~ ,Sf ¡ TRACT I!] OPEN SPACE 7,63Z 5," '41"'" S16.~6 " IIOQ- DEEDED TO CITY OF FEDERAL WAY 114.5'0 5,F ~ \;¡°\!1 ' ,0 on ::;\0 ëii 0 .. .. og z' 2 7,426 5 F / ! SCAL£ ,.' . 5,' / '., ,"" ~-<.:~:y;~;: " i~f5~'~, """, .~ ~, ",,'Ì' '¡;¡¡" ,ra- ~I~ c?~+'? "I .o!f", ¡¡I I t- 3C I / I I I rY"" 50 " 0 "">PHIC 5CAL£ " 1 i ,ì' ~ / EXHIBIT --B-- PAGE ~ OF-=Z §J ""NO'EO ><cuse NUMB" / SURVEYOR'S SEAL / , , -~.... I ,-,-,"-..J,:, . M:i' , ': -?J; - o' BUSINESS NAME: DR:Y,CC?, ~YE,~,~.!lA~P,IN:Lõ .I.NC., ADDRESS: ..31218".~C::I~!C::,~I,GH¥I~:r'~""mm_.. < c r CITY. STATE: ,~EI!E.RA!-,_'!I~~'Oo¥l~,SI:t!~,TC?N..98003, PHONE NO. : ,-'~~I ~,~:l~~?"....... Oo...n ,.. 'n" "t ~ FW NO, SUB. 92-0005 and see also 91-000: ... - coo.... ii« SHEET 2 """', OF ,n!.n,n, SHEETS HERITAGE PORTIONS OF SECTION 33, TOWNSHIP 22 NORTH. CITY OF FEDERAL WAY, KING COUNTY. WOODS DIVISION RANGE 4 £AST. 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CAS( ,... 33, -".41"W T':~i CONe. ..,s I~ I~ SECTION BREAKDOWN ,."'O"".-" ',., s', !5XHIBIT ß ~PAGE--LOF --2- FW NO, sue 92-0005 and see also 91-0001 RECORDING CERTIFICATE, LAND SURVEYOR'S CERTIFICATE: SUR'ÆTt7R'S'GEAL BUSINESS NAME, DRYCD SLiRVE,Y ,"'!d ,M,,~PIN!i, ,I!I,C", ADDRESS. 3121,8 PA~IFIC,HIGH,~"Y,~.,....,...... " '0' " ,',0 '." "" ;; . ,"'""." " "'" ',',., ~; ,', .",' .." '", '.. ;,rl :;::;;;:::;~::':;::";:'i;~:.~~i;:"J;:,'::::';~':"'~:'.;, "~~::. ,../,' or i CITY, STATE. FEDERAL",!A:r,,\VAS~.l.NGT,qN,,?IIO9~.. PHONE NO,: 12061,838-1,937 HERITAGE PORTIONS OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON WOODS DIVISION W M ,.., ~.. ~ . c .... ~ ..!. ' ~spc:~~l¡~, <---<.~: ::> .;~'::( if' ¡¡ ;; , ----=--, oJ "s.. U) ---, 1¡.~~,?", .e' ¡-'>6 ./ , t"'3 >c' 00, >-... 'q;o 0 à: 4'Z.eo.,,~.. 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'" Z' 2 I ,/ 7,426 s' se~e"'56"" \100:' ;' , / .I J ~ SCAl£I"'5C' 1 ~ , , ,r:, , GRAPHIC SCAC£ '" ;' '., LV" --<:;.~?;-;~~ " ¡~~!:if "'> .' .>! ~ , / EXHIBIT ---B-- PAGE ~ OF-:L / SURVEYOR'S SEAL I ~ "'-NOTEs ""us< """BE. .. ~ i 'ï'-'- .I.~ :. I' .I.)¡¡' . '. - "r.t,,)', ,i-°' ,V t - '.:.... ii"'~ BUSINESS NAME: DR:-:cr,>,~VE,~,~~APP,IjG,I,NC, ADDRESS: ,_3,12Ia-"~~I~!~..~I,GH¥I~:r:,s."--------,, CITY. STATE: .F~RA!-_.~A':'--¥l~,~!~:rOH,98003, PHONE NO, : ,.!~~I a,~I!:!9F....---... ".... FW NO, SUB, 92-0005 and see also 91-0001 SHEET 2"..----- OF ,..1.."".. SHEETS HERITAGE PORTIONS WOODS OF SECTION 33, TOWNSHIP 22 NORTH, CITY OF FEDERAL WAY, KING COUNTY, DIVISION RANGE 4 EAST, WASHINGTCJ'N W M " / / / . 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"-~2f 'I -rt----,;;!uõ:._--j---':::;ir;;:;:,- " ,,"°0" 1 "PERMANENT ------ I wATERMAIN EASEMENT -- I "-':--:J= 3:::;'~BJROi.J::.., 01\ 2 VOl"", ,}2 PAGES 47,4P 7575€ " "e 55 5¿ " . 5E 5~ TRACT ŒJ OPEN SPACE DEEDED T.o CITY OF FEDERAL WAY l7e,,40 SF, '5;, e,}?- C e --¿:,'~ ::-,¿ ~~ '" é~1/'~r~il-c , ~' 7,6~;..,e --¡¡;- ;>::Jp:'c -=.:- -~----- /10/ ~ ,,>, -- 1(' è,~ q;~,: I;;~ II '.... ~:- ;e~ -'h" '/-'> ï1281~21 s.,..~,.,1 .' ~-,' "~;/J:~j.,1~222 c! /:/>{"- <"""',I28I44I/.'.'~ ~. '" :"\~";. ,f' (,> " f-.,'f,f<:- 13 1281sel ", i/I ; 61' ,e ";' l ~ S:~Ct ..' . 5~' 1 " ,-",\~,~,...,..::: ro.-.. " " GR"PH'C SC~Lt / ,'/ TRACT ŒJ OPEN SPACE ¡ "':'----~L~c~+~hT~RFY ~~;gZI4052' DEEDED TO CITY OF FEDERAL WAY - WATERMAIN EASEMENT TO BE VACATED WHEN 23« AVE, S, BECOMES PUBLIC R/>o DuRING RECORDING Of' DIVISION 2 OF 13 7 EXHIBIT PAGE 3 SURV~,,!~, ~EAL 6USlNESS NAME:,()RYC,O,SlJ!IV~:r ond,MA,PPING,INC" ADDRESS: ...31~1~ !,"'Ç!F!Ç,~"!'oH\!IIAr, $, ~ DENOTE5 HOU5E """B" CORNfO lOTS W~'C~ MA,' BE """"ERED ON EIT><E- 40AD ACCORO,"" TO THE FRO"' ENTOANCE ORIENTAT;O' i "..L.r'~ CITY. STATE: FEDERA~,II!A"',,\!II!,~I,NGT~,~8.oO3.. I,', /V - , ", ',/, .: PHONE NO,: ,!2.ot;I,8,38:~937.......----, ,----'--"" ., 0'-' ",' c...~n 3 7 ",...~rTc HERITAGE PORTIONS OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON WOODS DIVISION W,M 60°"'- &" , ~I~'~ s"e°t>; ~c' v" ~ ,::: ~it ~ , i2 SO/o ",>'0, I ">O~<"I" 17" I ;- I I I I Y I, -.,. Ii< "', \~ ~ l"i ' Ia.. ~ I a. - 0.. 10 - ", 1-:" '0:. I~ '1" \~ "'ø I~ Ie 1'5 1'0 I'" I I ',~ ":::1. ,'::. ,..) \~ ~ ;..., 1. ~fi .~::;~,; ::-~;;MJ k1fôF:I :_~.,~':,\ -', .--:~~:~,. ::c- "'~ ' SCA_, '" . ~C' '5õ. . " " , GR"PHI: SC~_c -- :.: ....:: 1 I \ \ I I I \ \~c cc' ,~ Î I /', \, \IIT"--- /" """', TRACTŒ] / I \ I. \ ~ \. ---......,/ \ / , \' I ~o::., ..... ", \'t. 183,527 S. /" II ,\ '. -q," '" ~,~ -:;'1, ..--/ / -',\' \, \...:. ) --,,-"'-' -...., "'I,. C' \_'~" --..--"-- . " 1'- i'l \V'~ '........,-,/ " ~-,",o, .- -- .,", -~} \ \' '" ,,- "" I . - I \ \oo - .... ",'-¿ r-- ,...."" / f~11 I Ìð // I ... "".... " ",.., ~ ","\N f.... / "".... \. I ""1'\1 I ~\.- ""...."" --------- ',.... ~"\' /"~'S """".... """""""" '- """",.... // i ~\\ \ \ j, // /.I¡:-',~ ""....""",. '-,." \ \/,,>'//\ ""....I",,""~'\;, , " V .,' I ~\ \r' ..}",- / ' ........$:,,/v/~~~~:... \, """ . Pond, ø""" i g, \ \1\ )~~ð/ \\' .... """.... -l - -...., ... "J "\ ,\..<; / ""...."'E-"" "'~e \~ '-", 0""'- ""/1 ~ .\1;'<; / -l6o9"""~ l'4;!~ ;:'~'b "" .. ,--- /' ~\ \/ '\\ / ...,~~:, \ .... "'~"".... 'ó,O>, /"'-" ---, Y \If c" ., ""....,:?"".... Oò{ð',,' .-:- -,,~ , / / \/ Ii .." --- . - "".... """".... ,... ò'.;;"- /::<;q.I/ 1,1 .--- 76,14,5. ""...., .~:-", ,,"' ( A'/'" Y\ II ..-- TRACT fC1 """""".... " ~;óc ",- .", 4' ,0"'/ ,,<; /1 " JJ'- ~ "".... ""', G ..--~ \ "/<p/~ ;- "".... '_s!>o;JO~ /~" '- ,~JJ'7~..,,{, °1 \, :1 "'. .... """""0'58"1' .-/ "r '- )~/,;.~L~' "'I \,::,.\1 C "".... .... ",,--,,----- ----- /," /'1-" '1;\ 15,,':1 ~ """".... """".... . / /' ,,\ // ~// -\ \~' ÌI """".... '1-------- ,," \ \ / / I i~i\\~ ...,1 ------ N<9O"'36" , " / I '" '" ,,'" ... -----"-- 2J46' ~/I / I Ie>-.\c. . "J'- .-- iJö,/ t>r--:.----------- - --~------.../ // I i~:r '5, ", 4.-., -..' "'ITAPY!1AO>. """', ' ð~6'----- V, \ ,,4 ' ' , 5340.,9'20"1' 2~,~';~'\ I;'~W';;EA$C ~:!ö!pf 'J: ------.../, ...... ""7~1 li'i,\ : ' 69 -,' , 65 Cc., " '46 .-:~"~..,.J "... , -- ,~'.:' ""><--11 o' ..... / R,I, Ë 1 ; J;;;;::J " _.._--"_...-.~ ....~B..4 ~-"; ~, \ ~ / "I I g ,I ' I ~ ~3Ii] /- ~O:t ,ï ..-.:::.::-- ~\ ",;, " ..... ./ ~I I' ':' 'I OLO MILITARY " ,I ~~/o"'" ~';'¡OPt .j ,-:: ¡""!!>.":'" ~"c. - ~ "'I ;;;Y'I ROAO IVACATE! " !" Y'"... ;. .-.' , "'1"""" ~o9'- -%-",s.. II 1 A,F,,0770214C, «\"",430, ',;.. """"", ,"""\"""~ ""~o.,~"~.,.,.,, I 0 ; ~;~ ~¡g 44 ...~,~ , 25' ~~'o~....' ~. j~lglfi ""~~3.( ,~ <4:;' II : - w".., " ë => on,o on--.. """FER -- _",_/oò -....'f "-"'09 ' r 'r- ;:"0"-- <> "';~ 7,786 SF ~,:<:o! 7,800 5.F ~,!:i ~---- / ~,'" 1::,:0 ....~"' ,;¡¡, .1 ,I 11(' ~ y- .", .- 0" on on -----_/ "1"1<0 ...."s"" '., J ( - " z; TRACT tBJ. FÜTURE : ,,:1 .- """".... ;,-- ,-I' ¡ i '- /""- ----../ ' FF,~~- ~~,¡..~-; DEVELOPMENT I/ "".... ' ;/: !, '- 35CC" /. ' "E.A~~NT\.,O'. '6,:::-~' ð",05.'44". ~I "----- -'I / I N 6000 42,O~':'T~':"""~~P"""Ñ 78~4 c~ 1 -J ...1 II 0 , .. 75.62. AROtJNO EASE, TO CITV OF ;,.,I 6.05043'46-' "J.. ¡", I I ,;(;'-', '. FEDERAlWAYs.."".,.""",,¡. "'20,Oc~ -""""'" ;:;, Ii:> ~, - ----ij'.--. ",- -----, , , """-"'0 E.::-:- 0 !i;, I ':$ on /,25th. N34009'20"W PLACE:GI S. R.t'>.",:: '10 ~" '!il I ,- :;;" " -Oo':¿o9'. '&" "I, '¿~~~_:/'/~-":,,-- 717~:2C02' J---::- i~t" "-'\.o,¡ EX 181 ! r Q ~" !' ð'0703"43-~/ ~'~~,l~:,---e;>"" "~' ~" ,. II- I j.,L 42 ~ t 41 h 40 j ,', 09 ""'c ~~' \,---~,,-->, PAG / I ~ ï § ~ 8,m 5 F f ~ 8,44R sr l'~ 39 C'"J;~~,......j~4¿:3£;3n ""----- SEE SHEET 2 ,~--..L. 127'3~1 k7967, 11,173 5,F ,,):- ----- -- - UR ~~'6.sEAL BUSINESS NAME: ORYCO SURVEY 181d.~PP'!~_I!,C, _,,8",:,,- -'--"-,,~,,~,O£.:,, ' 6CC~'¡.~ ~o'~;~>/~' ----_:.. S .,,~ - ADDRESS: ..31218"PAClf!!=_~I,GHYl~Y--~'.....-----, N'".~9'20"\'I 160 c" --1 iiT¿-oï;¡'.-.':v;-" "" f'~ þ-"";,, ,/ ./ ", '":;',,, ' IItt.ò-' .'~, ';' /' ... 3,: <J'~9"..)-/ ç}~;- ;~.. {¡j"?ï"} / ~~. . \-vi ' J / ~ ~~-"-/~ SEE SHEET 3 ~ .... ' , ~ DENOTES HOUSE NWII'- . CORN£Ñ LOT WH'CH MAV BE """'EREO "" EITHER ROAe . ACCO."'NG TO THE FRONT ENTR...C( ORIENTATION CITY. STATE: F~R,AL ",A~.,~..ASHI!'G.TOf,~8~q3 PHONE IfI, : _!~~!_~:'8:1'37......,,--..--...... r:W NO, O:IIR Q?-OO05 and see also 9/-0001 SHEET ..--...4..-----" OF .._I......SHEETS HERITAGE WOODS DIVISION PORTIONS OF SECTION 33. TOWNSHIP 22 NORTH. CITY OF FEDERAL WAY. KING COUNTY, RANGE 4 EAST, WASH I NGTÕN W M PLAT NOTES 1. THE MONUMENT CONTROL SHOWN FOR THIS SUBDIVISION WAS ACCOMPLISHED BY FII<LD TRAVI<RSI< UTILIZING A TOP GUN 2 SEC, THEODOLITE WITH AN INTEGRAL ELECTRONIC DISTANCE MEASURING UNIT, THE LINEAR AND ANGULAR CLOSURE OF THE TRAVERSE MET OR EXCEEDED THE STANDARDS OF WAC 332.130-090, IB, THE TEMPORARY TURN AROUND EASEMENT TO THE CITY OF FEDERAL WAY SHALL 9E REMovED UPON THE DEDICATION OF 25TH. PLACE S, TO THE WEST, THIS EASEMENT REMOVAL SHALL BE CONCURRENT WITH THE CITY OF FEDERAL WAY'S ACCEPTANCE OF THE ROAD EXTENSION, 2, A GEOTECHNICAUSOILS REPORT SHALL BE SUBMITTED WITH EACH BUILDING PERMIT APPLICATION FOR ANY LOTS CONTAINING SLOPES IN EXCESS OF TWEN'N (20) PERCENT, 3, DURING THE COURSE OF CONSTRUCTION OF ANY LOT WITHIN THIS SUBDIVISION. STUB-OUT INVERT ELEVATIONS FOR STORM DRAINAGE AND/OR SANITARY SEWER SHALL BE VERIFIED BY THE INDIVIDUAl LOT BUILDER OR OWNER TO PROVIDE THE NECESSARY SLOPE FROM THE PROPOSED HOUSE. 19. PRIOR TO OCCUPANCY. THE PROPERTY OWNER SHALL INSTALL STREET TREES BETWEEN THE STREET CURB AND SIDWALK ALONG THE LOT FRONTAGE. AS SPECIFIED IN THE RECORDED COVENANTS. CONDiTIONS AND RESTRICTIONS IC.C.¡R:,' FOR THIS PlAT. THE SPECIFIC PlANTING LOCATIONS SHALL BE SHOWN AND APPROVED ON THE BUILDING PERMIT SITE PLAN FOR EACH LOT, 4. All BACK LOT CORNERS HAVE BEEN STAKED WITH A 1/2.INCH BY 24-INCH REBAR AND PLASTIC CAP MARKED 'LS 622B'. CORNERS ABUTTING STREETS HAVE BEEN MARKED AT THE BACK OF THE CONCRETE CURB WITH A DRillED HOLE AND A "P-K' BRAND MASONARY NAIL OR LEAD AND TACK SET AT THE STREETWARD PROJECTlON OF THE LATERAl LOT UNE BETWEEN THE LOTS. PLAT BOUNDARY STAKED WITH 2" CIA. PIPE FIlLED WITH CONCRETE AND TOPPED WITH BRASS PLUG. 5. ADDRESSES SHOWN HEREON WERE PROVIDED BY THE CITY OF FEDERAl WAY PRIOR TO THIS PLAT RECORDING AND ARE SUBJECT TO CHANGE. EACH Lors ADDRESS Will BE CONFIRMED BY THE CITY PRIOR TO THE OCCUPANCY OF THE DWElliNG ON THAT LOT. IN SOME CASES, TWO PROPER'N ADDRESS NOTATIONS HAVE BEEN SHOWN FOR ONE LOT. THE ADDRESS THAT WILJ. BE USED WILJ. BE DEPENDENT ON THE LOCATION OF THE DRIVEWAY. 6, All HOMES LOCATED WITHIN THIS SUBDIV1SION SHALl. BE PROPERLY SOUND INSULATED TO ACHIEVE A LEVEL OF 45 LDN WITHIN GENERAl HABITABLE SPACE AND 40 LDN WITHIN BEDROOMS, CONSISTENT WITH THE UNIFORM BUILDING CODE AND OTHER REGUlATIONS, AS REQUIRED BY THE BUILDING OFFICIAL 7. TRACT 'A'IS DESIGNATED AS OPEN SPACE AND SHAlL BE CONVEYED TO THE CITY OF FEDERAl WAY VIA STATUTORY WARRANTY DEED. B. TRACT '8' IS DESIGNATED AS OPEN SPACEJPEDESTRIAN PATH NlD SHALL BE CONVEYED TO THE CITY OF FEDERAl WAY VIA STA'IUTORY WARRANTY DEED. 9. TRACTS 'C. '0' NlD 'F' ARE ENV1RONMENTALLY SENsmVE AREAS AND ARE PERMANENT OPEN SPACE TRACTS. THE TRACTS ARE SET ASIDE NlD RESERVED FOR PERMANENT OPEN SPACE FOR l1iE BENEFIT OF PRESENT AND Fl/TVRE OWNERS OF LOTS IN l1iIS SUBDIVISION. NO BUILDING SHALl. BE CONSTRUCTED OR LOCATED IN TRACTS 'C". '0'. OR 'F AND SUCH TRACTS SHAlL NOT BE FURTHER SUBDIVIDED OR USED FOR FINANCIAl GAIN. NlY VEGETATION REMOVAl. MAINTENANCE OR OTHER ACTIVITY IN TRACTS 'C", 'D', OR'F' REQUIRES l1iE PRIOR APPROVAl OF l1iE CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT. " 10. TRACT 'E' IS A DRAINAGE TRACT NlD SHALl. BE CONVEYED TO THE CITY OF FEDERAL WAY VIA STATUTORY WARRANTY DEED UPON COMPlETION OF DMSION 2. FOR OWNERSHIP AND THE CONSTRUCTION, MAINTENANCE. UPGRADING. ere. OF THE STORM DRAINAGE FACILITIES LOCATED THREREON. IN ORDER TO PRESERVE l1iE NATURAL INFILTRATION CHARACTERISTICS OF l1iE AREA. l1iERE SHALL BE NO DEVELOPMENT OF NlY ORGANIZED RECREATIONAL ACTlVI'N .FACILITY WITHOUT l1iE PRIOR WRITTEN APPROVAl OF l1iE CITY OF FEDERAl WAY DEPARTMENT OF PUBUC WORKS OR ITS SUCCESSOR AGENCY. 11. "NATIVE GROWTH PROTECTION EASEMENT (NGPE) ARE AREAS WHERE NO VEGETATION ANDIOA TREES ARE TO BE CUT NlOIOR REMOVED, EXCEPT THOSE WHICH ARE DEAD. DYING. DISEASED. OR CONSIDERED A POTENTIAl SAFE'N HAZARD. ANY VEGETATION AND/OR TREE REMOVAl IN THE NGPE REQUIRES THE PRIOR APPROVAl OF l1iE CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT. NO STRUCTURE SHALJ. BE CONSTRUCTED AND/OR LOCATED IN A NGPE EXCEPT AS AUTHORIZED BY l1iE DEPARTMENT OF COMMUNI'N DEVELOPMENT SERV1CES,' 12. TRACTS 'G', 'H' AND '.1 ARE DESIGNATED FOR Fl/TVRE DEVELOPMENT FOR SINGLE FAMILY LOTS (DIVISION 2). 13. l1iE MINIMUM FINISHED FLOOR ELEVATIONS SHOWN FOR LOTS 2B, 29, 30. 36, 37. 43. 44 AND 45 WERE SPECIFIED ON THE APPROVED SANITARY SEWER ENGINEERING PLANS ON FILE AT LAKEHAVEN WATER AND SEWER DISTRICT. DEPENDING ON l1iE FINAL DESIGN AND LOCATION OF THE HOUSE ON l1iE LOT, THE MINIMUM FINISHED FLOOR ELEVATIONS MAY BE ADJUSTED BY l1iE BUILDER TO OBTAIN GRAVI'N SANITARY SEWER SERVICE (i.e. IF l1iE HOUSE IS CLOSER TO l1iE SIDE SEWER IT MAY ACTUALLY BE ABLE TO HAVE A FINISHED FLOOR LOWER THAN THAT SPECIFIED). IN THE EVENT THE BUILDER CHOOSES TO BUILD THE HOUSE AT A LOWER FINISHED FLOOR. NlD DRAINAGE TO THE SANITARY SEWER SYSTEM BY GRAVITY IS NOT POSSIBLE, l1iEN l1iE HOUSE WILJ. BE REOUIRED TO UTILIZE A PRIVATE GRINDER PUMP STATION APPROVED BY THE LAKEHAVEN WATER AND SEWER DISTRICT. LOT 2B 29 3D MIN. FF 483,5 484.0 0483.5 LOT 36 37 43 MIN. FF 466.0 466.0 428,0 LOT MIN. FF 44 45 427.5 441.0 14. l1iE VERTICAL DATUM FOR l1iIS PLAT IS BASED ON KING COUN'N AERIAl'SURVEY (K.C.A.S.) BENCHMARK USED: BRASS CAP MONUMENT LOCATED WEST OF THE INTERSECTION OF S. 2B81h STREET AND MIUTARY ROAD, B.M. 1125 ELEVATION. 0483.76' 15. A 1Q.FOOT NON.EXCLUSIVE DRAINAGE EASEMENT ADJACENT TO ANY ROAD FRONTAGE AND AS-FOOT NON,EXCLUSIVE DRAINAGE EASEMENT ON EACH SIDE OF ALL PROPERTY LlNEsSHALL BE CREATED WIl1i RECORDING OF DIVISION 1. MAINTENANCE OF THE DRAINAGE EASEMENT FACILITIES SHALL BE BY THE LOT OWNER. EXHIBIT ---IL- PAGE ~ OF 7 16. A NON.EXCLUSIVE DRAINAGE EASEMENT ACROSS l1iE REAR PORTION OF LOTS 25,27,28,29.30,31,33,34, AND 36 AS SHOWN ON l1iE PLAT MAP SHEET 4, SHALJ. BE CREATED WITH RECORDING OF DIVISION 1. MAINTENANCE OF THE DRAINAGE EASEMENT FACILITIES SHALL BE BY THE LOT OWNER. 17, PRIOR TO FEDERAL WAY PUØLIC WORKS DEPARTMENT APPROVAL Of FINAL PUNCH LIST ITEMS FOR MILITARY AND STAR LAKE ROAD CONSTRUCTION, NO MORE THAN TWELVE 1121 SINGLE FAMILY PERMITS MAY BE ISSUED. AND NEITHER FINAL INSPECTION SIGN-OfF NOR APPROVAL FOR OCCUPANCY FOR ANY SINGLE FAMILY STRUCTURE MAY OCCUR. SURVEYOR'S SEAL '" 8USINESS NAME: DRYCO SURVEY and MAPPING INC ADDRESS: 31219 PACIFIC HIGHWAY S , ,. ,L . ,.. " . ~ "- ,..?'. \ Vv'" \"" I ... CITY, STATE: FEDERAL WAY. WASHINGTON 9BO03 PHONE ~': 12061 938-1937 HERITAGE PORTIONS WOODS DIVISION OF SECTION 33, TOWNSHIP 22 NORTH, CITY OF FEDERAL WAY, KING COUNTY, LEGAL DESCRIPTION: PARCEL A THAT PORTION OF THE NORTHWEST OUARTER OF THE SOUTHEAST OUARTER OF SECTION 33. TOWNSHIP 22 NORTH. RANGE. EAST. W.M,. IN KING COUNTY. WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33. SAID POINT OF BEGINNING BEING FURTHER DESCRIBED AS BEING THE CENTER OF SAID SECTION 33. THENCE S 88"23'." E AlONG THE NORTH UNE OF SAID SUBDIVISION, 1183.23 FEET TO THE NORTH WESTERLY MARGIN OF THE 'NEW" MILIT AAY ROAD. AS EST ABUSHED BY DEED RECORDED MARCH 15. 1939 UNDER KING COUNTY RECORDING NUMBER 3035989, THENCE ALONG THE SAID MARGIN THE FOlLOWING THREE COURSES AND DISTANCES S3S"2Z32'W. 1505.88 FEET, saa.,e'51'E. 2..0. FEET. S35"22'32'W, 18.12 FEET TO THE SOUTH UNE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, THENCE N8r18'51'W AlONG SAID SOUTH UNE. 31U9 FEET TO THE SOUTHWEST CORNER OF SAID NOImiWEST 0UARTEfI OF THE SOUTHEAST QUARTER, THENCE HaI_.3°E AlONG THE WEST UNE OF SAID SUBOMSION 1318.39 FEET TO THE mUE POINT OF BEGINNING, EXCEPT THAT PORTION OF THE SOUTH 8!;.00 FEET OF THE NORTHWEST QUARTER OF THE SOI1THEAST QUAATER OF SAID SECTION 33. LYING BETWEEN THE "OLD" AND "New MIUTARY ROADS, AND EXCEPT PORTION lYING WITHIN '0lD" MILlTAAY ROAD. AlSO KNOWN AS JOHN RICE COUNTY ROAD NO. 127 AS ESTABUSHEDONJUNE2..181U, TOGETHER WITH THE SOUTH 15 FE£T OF THE EAST 82.5 FEET OF THE NORTHEAST 0UARTEfI OF THE SOUTHWEST QUARTER OF SAID SECTION 33, AND TOGETHER WITH THAT PORTION OF VACATED 'OlD' MILlTAAY ROAD. AlSO KNOWN AS JOHN RICE COUNTY ROAD NO. 127 AND AlSO KNOWN AS HOlST ROAD. VACATED BY KING COUNTY ORDINANCE NUMBER 3055, RECORDED UNDER KING COUNTY RECORDING NO. 77O21.œ25. MORE PAImC\JlNIY DESCRIBED AS FOllOWS: AlL THAT PORTION OF'OlD" MILITARY ROAD. AlSO KNOWN AS JOHN RICE COUNTY ROAD NO. 127 LYING SOUTHERlY OF THE NORTH UNE OF THE NORTHWEST QUAR1ÐI OF THE SOUTHEAST QUARTER OF SAID SECTION 33, LYING NORTHERLY OF THE SOUTH 85 FEET OF SAID SUBDIVISION. PARCEL B THE EAST .'2.5 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH. RANGE. EAST. W.M.. IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 15 FEET OF THE EAST 82.5 FEET OF SAID SUBDIVISON. AlSO EXCEPT, THAT PORTION IF ANY lYING WITHIN THE PlATS OF LAURELWOOD NORTH NO. 3 AND lAURElWOOD NORTH NO. '. ACCOROING TO THE PlAT THEREOF RECORDED IN VOlUME 83 OF PlATS, PAGE 59 AND VOLUME tI7 OF PLATS. PAGE e, RESPECTIVelY. . PARCEL C THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33. TOWNSHIP 22 NORTH, RANGE. EAST. W.M..IN KING COUNTY, WASHINGTON. DESCRIBED AS FOU.OWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION. THENCE N53"34'IWE 713.45 FEET, THENCE SS8"~rE 854,03 FEET. THENCE S44"15'44'W 207.55 FEET 10 THE SOUTH UNE OF SAID SUBOMSION , THENCE ON SAID SOUTH UNE N88"23'041 'W 1038.71 FEET 10 THE POINT OF IIEGINNtNG. EXCEPT THAT PORT1ON THEREOF lYING WITHIN THE FOllOWING DESCRIBED PARCeLIIEGNIING AT THE SOUTHWEST CORNER OF SAID NORTHEAsT QUARTER. THENCE 1I53"3oI'04"E 173.45 FEET. THENCE SS8"42'18"E 854.03 FEET. S44"15"44'W 1".87 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING S44.15'44'W. A DISTANCE OF 72.88 FEET TO THE SOUTH LINE OF SAIl) NORTHEAST QUARTER, THENCE AlONG SAID SOUTH UNE N88"23'41'W. A DISTANCE OF 350 FEET. THENCE NoW"15"""E. A DISTANCE OF 240 FEET. THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING (AlSO KNOWN AS A PORTION OF lOT 8 REDONDO HEIGHTS ACCORDING TO THE UNRECORDED PlAT THEREOF.) PARCEL D THAT PORTION OF THE SOUTHWEST QUAATER OF THE NORTHEAST QUAATER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST. W.M.. IN KING COUNTY, WASHINGTON. DESCRIBED AS FOllOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SU8OMSION. 'IMENCE ~.1'W AlONG SOUTH UNE THEREOF 20<.3. FEET THENCE NoW.1S44"E.294.70 FEET. THENCE SO1"10'12"W ALONG EAST lINE OF SAID SUBDIVISION 218.74 FEET TO THE POINT OF BEGINNING. REDONDO HEIGHTS. UNRECORDeD lOT SA. TOGETHER WITH AU. APPURTENANCES, HEREDITAMENTS AND TENEMENTS. (AlSO ICNOWN AS LOT SA LESS COUNTY ROAD OF REDONDO HEIGHTS UNRECORDED. ) PARCEL E THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE. EAST. W.M.IN KING COUNTY. WASHINGTON. DESCRIBED AS FOllOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER, THENCE N53"34'OC"E 713.45 FEET, THENCE SS8"42'18"E 854.03 FEET, S44.1S44'W 134.87 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING S44.15'...'W. A DISTANCE OF 72.88 FEET TO THE SOUTH UNE OF SAID NORTHEAST QUARTER, THENCE AlONG SAID SOUTH UNE N88"23'41'W. A DISTANCE OF 350 FEET, THENCE N.u"15""'E. A DISTANCE OF 240 FEET, THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING (AlSO KNOWN AS A PORTION OF lOT 8 REDONDO HEIGHTS UNRECORDED. ) CONTAINS .1.886 ACRES MORE OR LESS. EASEMENTS 1. EASEMENT AND THE TERMS AND CONDmoNS THEREOF: GRANTEE: PUGET SOUND POWER & UGHT COMPANY, A WASHINGTON CORPORATION ELECTRIC TRANSMISSION AND ORIOISTRIBUTION LINES TOGETHER WITH All OR CONVENIENT APPURTENANCES THERETO PURPOSE: AAEA AFFECTED: A RIGHT-oF.WAY 5 FEET IN WIDTH AS NOW STAKED OR CONSmUCTEDDVER, ACROSS AND UPON THE SOUTHEASTERLY 150 FEET OF PARCElS C. D. E AND OTHER PROPERTY OCTOBER 2., 1915 15102.0520 RECORDED: RECORDING NUMBER: 2. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAl PURPOSES: FOR: UNDISCLOSED IN FAVOR OF: WATER DISTRICT NUMBER 15 DISCLOSED BY INSTRUMENT RECORDED: FEBRUARY 1.. 1977 RECORDING NUMBER: 77021.0525 AFFECTS: THAT PORTION OF PARCElS A AND B LYING WITHIN VACATED "OLD' MILITARY ROAD 3. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILlS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: RECORDING NUMBER: GRANTEE: AFFECTS: JULY 8. 1938 3003158 CQUNTY OF KING, STATE OF WASHINGTON PORTION OF PARCELS C AND 0 ADJOINING MILITARY ROAD SOUTH FW N() SUB 92-0005 ond see also 91-0001 RANGE 4 EAST, WASHINGTQN W.M DEDICATION KNOW All PEOPLE BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED. HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MACE HEREBY. AND DO HEREBY DEDICATE TO THE USE OF THE PUBUC FOREVER All STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR All PUBUC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBUC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE All NECESSARY SLOPES FOR CUTS AND FILlS UPON THE LOTS 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 TAACTS SHOWN ON THIS PLAT FOR AlL PUBUC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT UMITED TO PAAKS. OPEN SPACE. IITIUTlES AND DRAINAGE UNLESS SUCH EASEMENTS OR TAACTS AAE SPECIFICAU. Y IDENTIFIED ON THIS PlAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBlIC, III WHICH CASE WE DO HEREBY DEDICATE 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 FOR THEMSelVES. THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITlE FROM THE UNDERSIGNED. ANY AND All ClAIMS FOR DAMAGES AGAINST CITY OF FEDERAl WAY. ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABlISHMENT, CONSTRUCTION. OR MAINTENANCE OF ROADS, ANOo'OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN ClAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAl WAY. FURTHER. THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED. AGREE FOR THEMSElVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOlD THE CITY OF FEDERAl WAY, ITS SUCCESSORS AND ASSIGNS. HARMLESS FROM ANY DAMAGE. INCLUDING ANY COSTS OF DEFENSE. CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TQ HAVE BEEN CAUSED BY AlTERATIONS OF THE GROUND SURFACE. VEGETATION, DRAINAGE. OR SURFACe OR SUe-SURFACE WATER R.OWS WITHIN THIS SUØOMSlON OR BY ESTABlISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDMSlON. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHAll NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS, FROM UAIIIUTY FOR DAMAGES, INClUDING THE COST OF DEFENCE. RESlA.TING IN WHOLE OR IN PART FROM THE NEGlIGENCE OF THE CITY Of FEDERAl WAY. ITS SUCCESSORS, OR ASSIGNS. THIS SUBOMSION. DEDICATION, WAIVER OF CLAIMS AI«) AGREEMENT TO HOlD HARIo1l.ESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WlJNESS TOF .......,... - - -- ~ 1/1¿~"-'" J ~Æ ,.. "", '_11 -... "M - "" /, .. x,.',. :,. '"l r 0"'. ~bI.."...r-. !!",",-,'" oC.o!""~ eoleY .if.¿.,... . ---.... ACKNOWLEDGMENT STATEOFWASI..oTON COUNTY OF KING ..' I CERT1FYTHATI KNOW OR HAVE SATISFACTORY EVIDENCE THAT Ial I-"r1JrAUaù IS THE PERSON WHO APPEARED BEFORE ME. AND SAIO PERSON ACKNOWl£DGED THAT (S)HL SIGNED THIS INSTRUMENT. ON OATH STATED THAT (S)HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWlEDGED IT AS ,.. Iasn£ OF - ~ - 0 - "'1Jp BE THE FREE AND VOLUNT AllY ACT OF SUCH PARTY FOR THE USES AI«) f'\JRPOSES IoIENTIONED IN THE INSTRUMENT. DATED THIS ~ DAY OF ,..., 1897. ~"Ø4~~ NOTAAY PUBlIC IN AND FOR E STATE OF WASHINGTON. RESIDING AT ~ ~ MY COMMISSION EXP1RES ....... , )a:D PRINTED NAME 1"'" \ ~ STATE OF WASHINGTON ) ) COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT f"'¡'¡,. 't.~, 1oJ,'!-If... IS THE PERSON WHO APPEARED BEFORE ME. AND SAID PERSON ACKNOWLEDGED THAT (S)HE SIGNED THIS INSTRUMENT. ON OATH STATED THAT (S)HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENTANDACKNOWLEDGEDITAS t'jf< fo"'..s;"p~'" OF ,>.,.¡;.:"" @.... I' TO BE THE FREE AND VOlUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATEDTHIS,;>..1ft04, DAY OF ~(UoU"N 1897. IS , ~-- NOTAAY PUBbc IN AND FOR THE STATE OF WASHINGTON. RESIDING AT MYCOMMISSIONEXP1RES""~ '~IOG" PRINTEONAME . ,"'" STATE OF WASHINGTON COUNTY OF KING IS I CERTIFY THATI KNOW OR HAVE SATISFACTORY EVIDENCE THAT -~T."'"L ,.' r.:,;:.-: IS THE PERSON WHO APPEARED BEFORE ME. AND SAID PERSON ACKNOWlEDGED THAT (S)HE SIGNED THIS INSTRUMENT, ON OATH STATED THAT (S)HE WAS AUTHORIZED TO EXECUTE THE INsmUMENT AND ACKNOWlEOGED IT AS : (.. I.:,,',: ;. , .. OF '1./, A"" ';~C,,'F.'- .,. ro BE TH1: FREE AND VOlUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES ~ENTIONED ~ IT DATeD THIS ~ DAY OF ~ftn I g 13 , . \":., r" NOTARY PUBLIC IN AND FOR THE MY COMMISSION EXPIRES" ,.. SURVEYOR'S SEAL BUSINESS NAME: DRYCO SURVEY and MAPPING INC. ADDRESS: 31218 PACIFIC HIGHWAY S .,;. .~ ,.,~ . ~'v\" ."" , CITY. STATE: FEDERAL WAY, WASHINGTON 98003 PHONE NO.: 12061 B38-1931 ~... ~(" 6 7 SHEETS SHEET OF HERITAGE WOODS DIVISION PORTIONS OF SECTION 33. TOWNSHIP 22 NORTH. RANGE 4 EAST. W M CITY OF FEDERAL WAY. KING COUNTY. WASHINGTÒN APPROVALS DEPARTMENT OF COMMUNITY DEVELOPMENT EXAMINED AND APPROVED THIS _DAY OF .1997. CITY ENGINEER EXAMINED AND APPROVED THIS _DAY OF .1997. DIRECTOR OF COMMUNITY DEVELOPMENT FEDERAL WAY CITY COUNCIL EXAMINED AND APPROVED THIS DAY OF 1997. ATTEST: MAYOR. CITY OF FEDERAL WAY CITY CLERK KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS DAY OF 1997. KING COUNTY ASSESSOR ACCOUNT NUMBER DEPllTY KING COUNTY ASSESSOR FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALl PROPERlY TAXES ARE PAID. THAT THERE ARE NO DEUNQUENT SPECIAl ASSESSMENTS CERTIAED TO THIS OFACE FOR COllECTION AND THAT AU. SPECIAl ASSESSMENTS CERTIAED TO THIS OFACE FOR COllECTION ON ANY OF THE PROPERlY HEREIN CONTAINED. DEDICATED AS STREETS. ALlEYS OR FOR ANY OTHER PUBlIC USE. ARE PAID IN FULL THIS DAY OF 1997 FINANCE DIVISION MANAGER, FINANCE DIVISION DEPUTY DOWNSPOUT NOTE ALL BUILDING DOWNSPOUTS. FOOTING DRAINS AND DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHAll BE CONNECTED TO THE APPROVED PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS DEPARTMENT (F.W.P.W.D.) UNDER PROJECT NO. SUB92.oooS 8nd 8'80 8ee 9H)OO1 THIS PLAN SHALL BE SUBMmeD WITH THE APPUCATION FOR ANY BUILDING PERMIT. AlL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO THE FINAL BUILDING INSPECTION APPROVAL AlL INDIVIDUAl STUB-OUTS SHAll BE PRIVATELY OWNED AND MAINTAINED BY THE LOT OWNER. All STORMWATER CONVEYANCE FACILITIES FROM INDIVIDUAl LOTS TO THE CATCH BASINS IN THE STREETS SHAlL BE OWNED AND MAINTAINED BY THE INDIVIDUAL LOT OWNERS. PUBUC AND PRIVATE DRAINAGE EASEMENT RESTRICTIONS STRUCTURES. ALL OR OBSTRUCTlONS(INCLUDING BUT NOT UMITED TO DECKS. PATIOS. OUTBUILDINGS. OR OVERHANGS) SHALL NOT BE PERMITTED BEYOND THE BUILDING SETBACK UNE OR WITHIN THE DRAINAGE EASEMENTS. ADDITIONAlLY. GRADING SHALL NOT BE AlLOWED WITHIN THE DRAINAGE EASEMENTS SHOWN ON THIS PLAT MAP UNLESS OTHERWISE APPROVED BY THE CITY OF FEDERAL WAY PUBLIC WORKS DEPARTMENT. EASEMENT PROVISIONS AND RESERVATIONS A NON-ÐCClUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ANY PUBUC AND/OR FRANCHISE UTUJTY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. AND THE CITY OF FEDERAl WAY. UNDER AND UPON THE FRONT TEN (10) FEET PARAlLEL WITH AND ADJOINING THE STREET FRONTAGE OF AU. LOTS AND TRACTS IN WHICH TO INSTALL. LAY. CONSTRUCT. RENEW. OPERATE AND MAINTAIN UNDERGROUND PIPE. CONDUIT, CABlES. WIRES. WATER METERS AND ARE HYDRANTS WITH NECESSARY FAClUTlES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ElECTRIC. CASL£ T.V~ TELEPHONE. GAS. AND OTHER IJTIUTY SERVICES TOGETHER WITH THE RIGHT TO EH1ëR UPON THE LOTS AND TRACTS AT AU. TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENT ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAl CONDITION. NO IJTILITY UNES SHALL BE PLACED OR PERMmeD TO BE PLACED UPON ANY LOT OR TRACT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. LAKEHAVEN UTILITY EASEMENT DEDICATION A NON-ÐCClUSIVE EASEMENT IS HEREBY IRREVOCABlY RESERVED FOR AND GRANTED TO LAKEHAVEN UTILITY DISTRICT FOR SO LONG AS IT, OR ANY ASSIGN OR OTHER SUCCESSOR IN INTEREST. SHALL OWN AND MAINTAIN THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PLAT AND DESCRIBED HEREIN AS "WATER EASEMENT" OR "SEWER EASEMENT" TO INSTAlL MAINTAIN. REPLACE. REPAIR AND OPERATE WATER AND SEWER MAINS AND APPURTENANCES FOR THIS SUBDIVISION AND OTHER PROPERlY, TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENTS AT ALL TIMES FOR THE PURPOSE STATED. NO BUILDING. WALL. ROCKERY. TREES OR STRUCTURES OF ANY KIND SHAll BE ERECTED OR PLANTED. NO FENCING SHALL BE INSTALLED WITHIN SAID EASEMENT UNLESS APPROVED BY THE LAKEHAVEN UTILITY DISTRICT NOR SHAll ANY FILL MATERiAl BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA. NO EXCAVATION SHALL BE MADE WITHIN THREE FEET OF SAID 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 AODITIONALL Y GRANTS TO THE GRANTEE. THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION. RECONSTRUCTION. MAINTENANCE AND OPERATION OF SAID WATER OR SEWER FACILITIES. THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A REASONABLE MINIMUM AND THE EASEMENT AREA AND THE ADDITIONAL AREA SHALL BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY GRANTEE OR ITS AGENTS. EXHIBIT PAGE 7 B 7 OF SURVEYORS SEAL BUSINESS NAME: ORYCO SURvEY and MAPPING INC. < c : .}< " .v--;';. r1 ~/ - ð ADDRESS 31218 PACIFIC HIGHWAY S. CITY. STATE: FEDERAL WAY. WASHINGTON 98003 PHONE /p.: 12061 838-1937 ;: !=' ... ... ¡ ~\ ,... \1 ~ iwØ \= °::::' .::" '::-.":.- Tech"; cal services Uriliroi ted ..... ~ ..,....".~.._.._-- ,-~~" ~~. »~.. .. ......... ,..."'" """'" --=====~==-'~~--- -' ..' r US .--~""--' [=i ~ ~>,""'rlL14I ( ~:'.~: -:--cr.:"':;-"'~~~.""" ---"..- ......--..-.""'" .."",- .....-........."""""..........,...'" ......",. ~~z..~Ei:E-'!.¡.'r~": :;. :,.:~i?~~s-.~.. := ~~~~~~~~ .~ ..-,-----"--~- ....---- --~----_........u"... 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",~. ......-' . ...,..,......,- ."...~",............ --,."..,...., ,m,""'" . ,......co> """,.."",,' . ".I~" ...."" -'" '" "", . .......- . ..",.... .............1 -' ...-., ..,......-' . -........- ...-"".' -""'"""" ,..no ""-' . .....".."........~.'" . .-.""........."...- ._Wø..11 . "",.,..........."""" . .. '" ....""-' ..,,-....-, .u",.,,~ .-......-""" "'......., -, ~ TO"'" --"""""""""..""""0""""""" --, n.<"" ","""",w"",_""".."",", n.<",c ...-""""""",_woGt ...-'J'-- _....-- "","'0 err""""'." ........"...........-- - n.<"'. ~",..,.,o._""""""-'U-" ......--- tU"" ..............soc,-.,.....--. ,cn"""""",.""",""O,"",P ..,.va."'""'" "",... TOT'" .....,.." "....." TOT"""" St",'-'" o"...M'" ",..."... ""...".., ..,....". r MAP .'-L-ClHIT - y~ - ,,>.EGER ENGINEERING ~",......"o"'c" ",., "J'O" 0 ,..-.-, -, p¡,Rt<LAI£ VE:HTTflfS IN<:. PRELIMINARY FLiT CF ¡.£RITßG£ woWS secTION :;3. TWP. 22 f£, R!J£. -4 f. 911223 w.M.I-, c .. Ie r ( RESOLUTION NO. 92-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING AN INTENT TO REZONE APPROXIMATELY 29.5 ACRES OF THAT SITE, LOCATED BETWEEN 288TH AND 248TH STREETS, WEST OF MILITARY ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE-FAMILY RESIDENTIAL (RS 9.6) TO SINGLE-FAMILŸ RESIDENTIAL (RS 7.2) (RZ-92-001), APPROVING A PRELIMINARY PLAT OF AN 111 LOT SUBDIVISION TO BE LOCATED ON A SITE CONSISTING OF APPROXIMATELY 41 ACRES IN SIZE, AND COMMONLY KNOWN AS HERITAGE WOODS. WHEREAS, the applicant, Parklane Ventures has a possessory ownership. interest in a 41.9 acre parcel of property located on the west side of Military Road immediately south of its intersection with South Star Lake Road and Interstate 5 overpass; and WHEREAS, the western 12.4 acres of the site are presently ~ zoned RS 7.2, while the eastern 29.5 acres are presently zoned RS 9.6; and WHEREAS, the applicant is requesting a zoning reclassification for the eastern. 29.5 acres to RS 7.2, and is addi tionally requesting to subdivide the entire site into 111 single-family residential lots (commonly known as Heritage Woods), pursuant to Federal Way Preliminary Plat Application SUB-91-0001; and WHEREAS, the property to be rezoned is legally described as contained in Exhibit A attached hereto; and WHEREAS, applicant has applied for a project specific ( rezone, wherein the city shall evaluate the applicant's specific development proposal for the subject property as part of the EXHIBIT J PAGE-Lr°F~ P f .. ) decision on the rezone; and WHEREAS, pursuant to Federal Way Zoning Code 130.30, a project is processed according to Process III related rezone described in Chapter 155 of the Federal Way Zoning Code; and WHEREAS, after all proper notice requirements, a public hearing was held on the project specific rezone and Preliminary Plat Application on June 1, 1992; and WHEREAS, the city of Federal Way Hearing Examiner, having heard public testimony and reviewed all written comments and evidence issued on Rezone and Recommendation presented, a Preliminary Plat Application on June 16, 1992; and WHEREAS, the Hearing that the Examiner recommended request for rezone classification from RS 9.6 to RS 7.2 and the preliminary Heritage plat approval for Federal Woods, Way Preliminary Plat Application SUB-91-0001, be approved subject to, the conditions contained in the Recommendation on Rezone and Preliminary Plat Application; and WHEREAS, on June 23,1992, a Request for Reconsideration of the Examiner's Recommendation was timely filed by the Public Works Director for the City of Federal Way; and WHEREAS, the Request was distributed to parties of record in accordance with Federal Way Zoning Code §155.65(2) on June 23, 1992; and WHEREAS, responses were received from the applicant on June 30,1992, which were also circulated to parties of record; and ) -2- EXHIBIT ~ PAGE :;) OF. 307 WHEREAS, pursuant to Federal Way zoning Code §155.65(6), the Examiner accepted the Request for Reconsideration, but limited the scope of the Reconsideration to four issues; and WHEREAS, on october 2, 1992, the Examiner issued a Decision on Reconsideration wherein the Request for Reconsideration was granted in part and denied in part; and WHEREAS, there have been no challenges to the Examiner's Recommendation and Decision on Reconsideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: section 1. Findinqs of Fact and Conclusions. Pursuant to Federal Way Zoning Code 155.75, the city council has considered the application and, after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's ,J Recommendation .and the Decision on Reconsideration, the city Council hereby adopts by reference the Findings of the Federal Way Land Use Hearing Examiner as contained in the Examiner's Recommendation and Rezone on Preliminary .Plat Application, and as modified by the Decision on Reconsideration; both documents which are attached hereto as Exhibits A and B¡ NOW, THEREFORE, section 2. Criteria to Rezone. The City council adopts by reference the findings of specific criteria which an applicant must meet in order to obtain a zone reclassification pursuant to Federal Way Zoning Code 130.60, as contained in the Recommendation on Rezone and Preliminary Plat Application, Finding No. 23 (a), (b), (c), (d) and (e). " -3- E}{HIBIT D PAGE .3 OF 30 ) \, . ! Section 3. Application Ap?roval. The Preliminary Plat ) Application SUB-91-0001 for the subject 41.9 acre, located between 280th and 284th Streets, west of Military Road, in the City of Federal Way, and commonly known as Heritage Woods, is approved as evidenced by the City Council's adoption of this Resolution of Intent to Rezone which shall permit the applicant herein to subdivide and develop the subject property, pursuant to the plans on file with the zoning city this application; the for and reclassification of the 29.5 acres of property legally described in Exhibit A from RS 9.6 to RS 7.2 is approved as.a project specific rezone. The approval for this project related rezone shall be subject to the development of this property in conformance \Õ1ith the . plans on file with the City, SUB-91-0001, and is further subject to .those Conditions as contained in Examiner's through 1 18, Recommendation on Rezone and Preliminary Plat. Application, dated June 16, 1992, and adopted by reference herein. section 4. Conditions of' Approval. . Approval of the Heritage Woods preliminary plat and the project related rezone is further subject. to the additional Condition contained in the Decision on Reconsideration of the Examiner dated October 2, 1992, which curbs ,..f require as part of shall this development that gutters, sidewalks and bike paths shall be required on both.sides of Military Road adjacent t9 this project. ) -4- EXHIBIT D PAGE l{ OF '36'~ section 5. SEPA Conditions Incorporated by Reference. Pursuant to section 20.130.30 of the Environmental Policy Ordinance, all mitigation measures of the April 8, 1992, Mitigated Determination of Non-Significance are incorporated by reference as condition of this approval, except Condition No. 8 shall be modified to reflect that the required lane improvement shall be three lanes, rather than five; and in addition, the Applicant's alternative pro-rata contribution contained in section 8 shall be adjusted accordingly. Failure to comply with mitigation measures shall constitute grounds for suspension and/or revocation of this approval. section 6. Effect of Approval. The effect of the approval of this preliminary plat application and project related )- rezone shall be to allow the applicant, subject to all applicable codes and ordinances, to develop the subject property in ~ conformance with this Resolution of Intent to Rezone and pursuant to the preliminary plat application SUB-91-0001 approved as part of this Resolution. section 7. Zoninq Map Chanqe. At such time as the applicant completes development of the subject property in conformance with this Resolution of Intent to Rezone and, in conformity with Preliminary Plat Application SUB-91-0001 approved as part of this resolution, the City Council shall, by ordinance, make the zone reclassification to the Zoning Map as approved herein. ) -5- EXHIBIT D PAGE 5 OF :J () .~~ " \ ) <. ;) section 8. Future Minor Modifications. Following the adoption of this Resolution of Intent to Rezone, the applicant may apply for minor modifications to Preliminary Plat Application SUB- 91-0001 pursuant to Federal Way Code 130.70 and by use of Process I procedure, described in Chapter 145 of the Federal Way Zoning Code, and based upon the criteria therein. section 9. Maior Modifications. Following the adoption of this resolution of intent to rezone, any major modification to the Preliminary Plat Application SUB-91-0001 shall be reviewed pursuant to Federal Way zoning Code Chapter 130.75 and using the provisions if an it through of . Chapter 130.55 .75 were as application for a new quasi-judicial project related rezone. section 10. Time Limitations. The applicant shall complete the development of the subject property 'in conformance with this Resolution of Intent to Rezone and.in conformance with the Preliminary Plat Application SUB 91-0001 within three (3) years of the date of the adoption of this Resolution ,pursuant to Federal Way Zoning Code 130.80.1. section 11. Upon completion of this Rezone Map Chanqe. project in full compliance with this Resolution of Intent to Rezone and in conformance with Preliminary Plat Application SUB-91-0001as on file with the City of Federal Way, the City shall give effect to the rezone by adopting an ordinance which shall amend the zone classification on this Zoning Map for the property described in Exhibit A herein from RS Single-Family Residential 9.6 to RS single-Family Residential 7.2. -6- EXHIBIT D PAGE (, OF 3ð section 12". Conditions of APproval Inteqral. The conditions of approval of the preliminary plat and the project related rezone are all integral to each other with respect to the city Council finding that the public use and interest will be served by the rezone and the subdivision of the subject property. Should any court having jurisdiction over the subj ect matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval and rezone granted in this resolution shall be deemed void and the preliminary plat and notice of intent to rezone shall be remanded to the Hearing Examiner for the city of Federal Way to review the impacts of the invalidation of any condition or conditions and to conduct such additional proceedings as are necessary to ensure that the proposed plat makes appropriate provisions for the public health, safety and welfare and other factors as required by RCW Chapter 58.17 and applicable city ordinances, rules, regulations, and shall such recommendation to the city Council for further action. section 13. 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 14. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way city Council. -, -7- EXHIBIT D PAGE Î OF JC ) RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 20th day of October , 1992. ATTEST: CITY OF FEDERAL WAY ~ MA~RJ!L~- M~~S APPROVED AS TO FORM: TTORNEY, CAROLYN A. LAKE \ ) FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 92-122 October 20,1992 October 20,1992 .."" la\kathleer\reso\parklane.res ) -8- EXHIBIT 0 PAGE f OF '3õ EXHIBIT A ) LEGAL DESCRIPTION THE EJ...ST 4'2.5 FEET OF THE NORnŒAST. OUA.RTER OF THE SOUTHWEST OUA.RTER OF SECTION 33, TOWNSHI? 22 NORTH, RANGE 4 EAST. W.M.. IN KING COUl,ny. WASHINGTON. EXCEPT THE SOUTH 15 FEET OF niE EA.ST 82.S FEET OF Sf..ID 5UBDIVISON. PARCEL C THA. T PORTION OF niE SOUltl.WEST QUARTER OF niE NORniEAST OUARTER OF SECTION 33. TOWNSHIP 22 NOR11-I, RA.NGE" EJ...ST. W.M., IN KING COUNTY. WA.SINGTON, DESCRIBED J...S FOLLOWS: BEGlIlNlNG AT THE SOUïHWEST CORNER OF SAID SUBDIVISION. THENCE NS3"3.('(;.4'E 773.1..S FEET. THENCE S5S"L,1S-E 65-4,03 FEET, 11-IENCE $.4"'S'4o(iY 207.55 FEET TO niE SOUni LINE OF SAID SUBDIVISION. 11-IENCE ON SAID >aUTH LINE N88"Z3'~1"W '036.7' FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION niEREOF LYING WITHIN niE FOLLOWING DESCRIBED PARCEL BEGINNING AT niE SOUTHWEST CORNER OF SAIQ NORTHEAST ooA.RTER. THENCE N53-:;'¿'().4"E 773.1..S. FEET. THENCE SSS"L,16-E 65-4.03.FEET. S4o("'S~"W ':;¿.S7 FEET TO THE TRUE. ?OINT OF BEGINNING. THENCE CONTINUING S4'",S'L4"W. A DISTANCE OF 72.68 FEET TO niE SOU11-I LINE OF SAID NORTHEAST QUARTER. 11-IENCE AlONG SAID $0011-1 LINE NSS"23'¿,iY. A DISTIJ-./CE OF 3.50 FEET, 11-IENCE N¿,(.'S'¿,("E, A DISiANCE 0:=. 2¿o FEET. niENCE SOUTHEASTERLY TO niE TRUE ?OIIIT OF BEGINNING ALSO KNOWN AS A PORTION qF LCT 6 REDONOO HEÞ3HTS UNRECORDED. ) ARCEL D \ ~ ïMA T ?ORTIOH OF THE SOUniWEST OUARTER OF niE NORTHEAST OUARTER OF SECTION :?-3, TOWNSHIP 22 NOR11-I. Rf..NGE ~ EAST. W.M.. IN KING COUNTY. WASHINGTON. DESCRIBED AS FOllOWS: . ~- BEGIt-:Num AT mE SOUTHEAST OUARTER OF SAID SUBDIVISION. THENCE NSS"23'¿ 1 -W ALONG SOUni LINE 11-IEREOF 2i:.4.3l. FEET ïnENCE N4~-'S'L4c 29-'.70 FEET. 11-IENCE SO'"'O"2-E ALONG EAST LINE 0:=. SAID SUBDIVISION 2'6.7' FEET ro 11-(E P\)INT OF BEGINNING, REDONDO HEIGHTS, UNRECORDED lOT SA. TOGETHER WTi1-! ALL A.PPURTENASCES, HERE~ITAMENTS AND TENEMENTS, ALSO KNOWN AS LOT 510. LESS COUNTY ROAD OF REDONDO HEIGHTS UNRE~ORDED. . PARCEL E TnA T ;>ORnoH OF THE SOUTHWEST QUARTER OF 11-IE NORTHEAST QUARTER OF SECTK)N 33, TOWNSHIP 22 NORTH, tV-NG:: ~ EJ...ST. W.M. IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING AT TnE SOUTIiweST CORNER OF SAID NORTHEAST OUARTER, THENCE N53-~"(,).(-E 773..1..S FEET. Tl-ŒNCE S5B"L:r~6-E €.SL.C3 FEET. 5"oC"'S'u'W '3-4.87 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING S.u-~!i'¿.c-W. A DISTANCE OF 72.68 FEET TO THE SOUTH LINE OF SAID NORTHEAST OUARTER, THENCE ALONG SAID SOUTH LINE N88-23'¿,-W. A DISTANCE OF 350 FEET. THENCE NJ.4"'5'L(-E. A DISTf..NCE OF 240 FEET. ThENCE SOUTHEAS"ŒRl Y TO THE TRUE POINT OF BEGINNING ALSO KNOYt'N AS A PORTION OF LOT 6 REDONDO HEIGHTS UNRE'::ORDED. < COfJT.\ISS ¿'.B66 ACRES J.AORE OR LESS. , EXHIBIT () PAGE '" OF 3ò'~ Exhibit B CITY OF fEDER.\L WAY OFFICE OF THE HEA.RL'\G EXA_\lIXER In Re the A ppl1c.ation of Parl.Jane Ventures, loc. ) ) ) ) ) ) ) ) FILE #SÙ~ 91-0001; RZ-92-0001 F\\RE #92-4 For Rezone and .Preliminary Plat Appro'Ç"al of that tract of land known as Heritage \\loods RECO:\ [\1£'\"DA 110:\ O~ REZOXE A... '\"D PRELL\1Th'A_~ Y PLAT APPLICA TIO~ I. BACKGROl~l) A~"\l) Sl~'[\1..\..~Y OF APPLICA TIO~ T:~e ~P?lk.~.,;t is p:iOposL:g deyelopme.iìt of a 111 Jet ~i¡;g1e-fë..:,~i1)' :ít~:ët;¡ti¡ù pre}~~~¡;~J' pl~t. Lï ~Gdirio;), the::'PPDc¿,'1t 1S p.o;-osL'1g to rez.o!ìeL~e t<..Sterly 29,S'::.cres of L':Je s:~e frem RS 9.6 (,:,..oJ'" ï:"-mil' Y .RÞ~;a:"n..;-') to RS 7 ? (';"',01... i:'-,.....;,., Res;~......~;-i) -J.;'=o .... ... c:.. - '"'-. .... .uc:.J - .- -_.~;-... c..;..-).. .L;......-c..¡, \. ) . If IT, PROCEDVRAL I\tO'R.;'L\TIO~ H~ring D~te: Decision D::.te: Ju¡:e I, i992 J'.:;)e 16, 1992 At the he.ë.ring ûie foiJo',:,'ir;g pres.ent~ ttsümojjy 2.;":d e\,jdej')~: . 1.) Greg Fe',:,'ins, Senior Plê.nJJei. Ciiy of FeóeJël Vhy . 33530 - 1st \Vay SOUL'J, Fede;-d \V~y, \VA 980~3 " 2,) 3.) 4,) ) ~1;""'" \r,~"e- T-:.-:c E-c;:........- C:~ C: -.:'..~"'-, \1~_.. .;.. -..'-L.: J, Jc:.;;; ,,:;,~.........J, ;'J 'J... ,"",""..Jc:..l "'.G.) 33530 - 1st \V::.y SOULl, Fe:.derël W~y, \VA 98003 Joel H~ggEId, ALtorney H uw (b B~h2Jf of AppEc¿-,!) 1515 IBM BuiJding, Se¿n}e. \VA 98101 Ro"" F1i~on, PEIk}2Jie Vejj~jes 31620 - 23rd Avenue SOULÌ), Fe:je¡-d \V'è.Y, \VA 9S003 5.) Do;) Cê.1T, D2'yjd Ev'è.r.s & .å,$~oc:ë:es. L'1c. 4]5 - USLÌ1 Aven'J~ S.E., Bdk\\}~. \VA 98004 6.) Dz2e Offi;), Tedmjc.:?J SèI"ic::s ] 5559 S.E. 6ïL1 PJ2c.e, BelJenJe, \VA 98006 EXHIBIT :D 'PAGE ~o OF J Ò 7.) KeÎlj",e'...1 HG....ÎÌ)1~o;) 2S~25 ~h1jt.üy RoGd SOUL"" FeÙrd \\'2)' \VA 9~('='3 PARKLA..'\E V£:\TL-RESíHERJTAGE \\"OODS FILE #SUB-91-0001; RZ-92-0001 F\\1fE FILE #92-4 PAGE 2 8.) 9.) 10.) 11.) '" 12.) 1:3.) Don Founwn, Fe.derd \Vay School District 31405 - 18L1 Avenue South, FeGerd \Vë.y, \VA 9S0J3 Pë.t Byrne 28216 Milit.ê.IY Roë.d SOUL;, Fe.de;ê..l\\"ë.y, \VA 93003 H. Dë.vid Kë.p1<m 30240 - 2ïi.."1 Avenue South, Fe.derd Wë.y, \VA 9SC(13 Crë3g \Vë.l:e.r . 2539 So\J'Lh 2ï9Ül P1ë.ce, Fe.de.rd \Vë.y, ,VA 98003 D~'1 Kolos1-)' 2ï841 - 25i..Ì1 Drive Sou!..Ì1, Federd \Vë.y, WA 9St)J3 Cuolyn l.<ke, Acting City ArLorney, City of F¿e¡-d \Vë.y 33530 - 1st \Vë.y SOUi..Ì1, FëGe:ë.l \Vë.y, \VA 980~3 }..t the he2.ring Lie following ex.iÜbits we:::~ ë.d:rJrLb:i ê.S put of L"¡~ omc:21 ::;;.cc¡å cf L';e$~ p::oce.e.dings: 1.) , St.ë..fi Report :\ ) ~'f'\"""~";C;'l ê...;"'ö P'o;t 'V-;"'s (fu~.'l ~~ CC~)' r"':-cyid~ ;0 !.!:~ H~;;:?: ., '.r'::'- _. . .-.. --r - - EX2JTDner only) Vicir~ty },{ë.p Legë..l. Descripcio:1. Sub.~e.a Zon~"1g Mq CommuruC2.tloi1S Reœ~\'ëd 0:1. SEP A April 8, 1992 Ei1VlrOi1iìie¡¡t¿} DeteJiT¿iië.tO:l (If >:o~s~giiif:c¿,"1œ August 28, 1990 '\V~ùë..nd De.tz.rTIiim?rio71, I¡;:p;:ct Asse.s£::ne.nt ê..:-;à Co-r".p."-' ^r.;~'c-.~o"'" R"õ'\.""- P...---..,; ",-,.. D-y'd -.t."--s. --Id . <:'<:'o.:.'e:s ,1.......,.u.c.J... .uu~~L; Ii "'r~~' J",.!-'<:.J....... VJ ~, \<:'..J. c... ...- "-'.~. (copy provided. to H~--îg EXWi1ner only) \VetJêJ1d Anë..lysis Re.q~Ù"e.d by Secùo~s 80.35 ê.Jjd 80.160.4 F\VZC (Gdopte.d 212ï /90) Ju;Je 19, 1990 'Report of Geo1echjjjc¿J l.r\'est:gë15o;1' p;e;>ë..red '::>y Geote.chn.iC21 Services (copy pro,,'jòe.à to Ee¿r=.ng Exê.;;:~-;er (I;;})') Ge.ote.chnjC21 A..n2Jysis Re.q'.Jiæd by SecUO;1 80.65.1 FWZC h..r¡UZl)' 10, 1992 'Sign.ifi~t T¡~ Survey' P,ep2J~\;mM~S ê..:-;d 0 - Assocj2.tt:s (copy provided to Hem..îg Ex~-:-j;-.er (\I;~nll:n 1- h,j1U?rj 10, 1991 Ijjs~ti(\n Report (If O~~;-\'c.dPAGJ::-e ?;lþë...-AC:j~ Dë.yid E\'2.'ìS 2.r¡d Ass~i2~s (copy pro\'¡è~.d :0 EI?~..j"'1g rx::':7::-.er;'~~)""- E.) C.) D.) E.) F.) G.) H.) 1.) L) K.) L) . ) P.-\RKLA.'\E VE:\TCRESiHERlTAGE \\"OODS FILE F'.Sl13-91-0001; RZ-n-OOOI F\VHE FII..E .f92-~ PAGE 3 \) 2.) 3.) 4.) 5.) 6.) ï.) 8.) Q ) ,. 10.) i 1.) 12.) 13.) 14.) 15.) 16.) > n.) 18.) 'f. ) 1. 1990 Port of Se.ë.1tJe Pê.Jt 150 ~o¡se Exposure ~,fê.p Dnft 1996 Port of Se.:~!e Pm 150 No]s~ Ex;'-Jsure ~h? De.c~j;')ber 1990 'Tü.f¡]c Jmp~ct AJ1ëJysis' p;që.re.d by D~\':d E"ê.,:1S 2_:~d Associë.tes (copy provided to HezrJJìg Ex::...7li.-.er only) FedeJë.l \Vay Wê.1er ê.J;d Se'",'er District c.;:d High1ine \Vë.ier Distr.ct CerJiJCGtts of \\'ê.ttr ~Îd Sewer Avë.iJê.biliry D::..r-Þmner ïo 1901 'p,....);'"t"\;"'-:T\.I 1")..-..;1"-:';:-'" Å-::J)'(:s' '¡):e~~~ b.y J~~£er ............ ~ -, ' .~""--"-J """"'-0._:::;- . -' - . . ~ Eroginæring (copy provided 10 He¿,rjng Exë:r¿¡;er only) . R.). h.'ìuê.ry 11, 1991 '/..I~2.1YSjS cÎ Re.cre¿:::o:1 ~å Open S?ê.c~ prep2:ed by Dê.vid EvG.;1S ë:Jd Assoclê.~"'.s (copy provide.d to Exê.J-niner only) Jë.nuay 8,1992 B}S!O~c.ë.J So:~ety oÍ Fë.de~ë.l ~,Vé.y u¡fer Jê.JïUUY 11, 1991 'School A~ss ::.nd School Impê.ctAnë.1ysis' prepê.!'e:.å by D-\,id E\'--s --d ~ (SO~;-"'s (CO:1Y ""'-0\"C."": .0 uþ-:,.:,..t1'E"~-'~""'r 0.,.,1\.') ~ . t:.JJ t:.J1 .~- ~.c.~ r 1:" -;:;.;.¡, """~"".::> . ^ ,.~.~ .. J utter from Cheryl \\lÜ~ow 2..ÏJå JOh.ì Speng1e:r 1990 ADT Sub..Jt"..e.d by, Tii7l M:ïlJe,r Existing 'Wiå~ìing A.re¿.ssub¡;-¿r~ by Tim ~ffilt.L 1991 King County T~ïsport.ê.~oi1 PJ2..:ì utter from :MI. ê,nd }.{rs. Bush J\1:emo of A~orne"y JOèl Hê.ggirå, .,:¡iLl ë.t':..ê.chme:-.t.s utter from Ecologist J. Mê.cklb, sDbmhte.d by Rc.:, FEtto;'} T ":-"""':' f,,:,o"'" Ro'l.. F1~,~0'" ~o "I..!'P~~"'C7 E"-::"""';"""":' -...-...... .. ... - ¡J .....,. fi__..,. "'.~"""'" utter from P...ilèa Sr.JLÎl Two o\'erhuès submitte:.d by D2Je Off~î Le.:iter from Keíme.t.~ Hê..i-¡ïiiLo¡} uner ;.Or:l H. Dê.vid K.ë.p1ë..:ì Le.t'~r from M3chael and Jë..-¿œ Porte.I' Copy of P~k 2.nd Or-;1 Sp2œ Mêp s~:,ii1ir~ by Dë.î Kc10sky Funner notes of John SIY"-ngler 21ìd Cheryl \V'hitlow ~\femo from Greg Fe.~'ins to He.2.¡":ii1g Ð:ê.JïJ.¡jer, ¿¿,~ 6/3/92 Hë.;iav.;ntte¡} fv:e.d re.spons.e of Aii)'. JC'~1 Haggc::d ~o Exh;b~t i 7 ~L) N.) 0.) P.) Q.) Jmpê.ct' P..~-::;g s.) 'T.) Ill. FI'\l)r\GS OF FACT Tnt. ë.ppl5Cë..nt h2.S a possessory o..;;¡ej's~j? :¡¡ie¡est in 2.' 41.9 êcre p:?Ice.l of property 1ocaie.d on the west side of Mi]jt.ë.ry Road j;;¡me.diately SO~L" of :ts iniene.cúO:1 w¡in Sou~h Si.U" Lale Road ë..ïd Ù1e Lît.e.rst¿t.e 5 o\"erp2.5s. The ..:..e.s~.;:) ]2,4 aGes ~i~j'esen¡Jy zoned RS 7.2, whiJe Ù1e e.2.5tern 29.5 acres ê.je presenüy W:1e.d IXHbøtl:~i;,:-~.t JL- :s requesting a wne re.:b.ssifiC3¡jO:1 for L1~ e..:s~J;1 29.5 aGes :o'~å7~E~¡d ~dOf~ oÎ u'1e enD,C s:!e ij)~o 111 s:ngle..fé...,'TILY ¡es:èc:-;L3~ JoLs.r#'\U P.\J~KL\..."E V E."TCRESiH ERl TAG £ \\'0005 fILE ~SUB-91-0001 j RZ-92-0001 F\\TŒ FILE :f92-~ PAGE ~ 2. \ " The nonhe.;;.s:ern po¡1jon of \Ì.e P;O?OS~ ¡ez.o;¡e ue.a is he..;:siiy imp~clë..d \:..iÜ1 se:1si¡j\'e ~e¿s, )nch;di;;g Wë:ÙëJìGS ~~d yc.;-.cs. T;-.~ 'P?l.ic;::.t h::.s p:c.;.csë:.d io proièCt tJ-,ese CUë;¿S by prov~d1ng subSt.ê.J'.H1::J bd:er.ng ë.;",d i.O èe\"e~opïï¡eí1t W~L'::;1 s;:jd ë.;e.ë.S. Tne ë.ppEc;:.;-;t h::.s e1ec~ed to request a rez.o;;e 10 RS 7.2 ü o?~s.e.d 10 c1'..:s:=..:::g L':e èe\,c}op¡¡.e;:t \,"h:c)-) is ë.11owed u::der the Federd Y"lë.y ZJ:I:-.::-.g Cc-:e, ê.S a fjje,;:..."~S cf ;.;Q:ec:~r.g ~e¡¡s~¡j\"e ë.;t¿s. Tne reduced s.e.bë.cks ê...-;d Jot si¡,.;;s ë,;;,-\crized in a ch:s:e,t.d Ge\'eJop¡-¡:ent cou1d -CCI'"'\--~-'.:o -""~-c,\":--"",, "-", CoO_'" ",--,:.., (? 1"'"5 '0'5 --- ---e) -s :5 -er."e(.!eJ h)' :;".:0 c. """'":J\..-';':'.,,- ':'.:--r. 1..J:',c......:) ~:.... _..:.;;.~ L:,._,,) -.v J L r-;:l c.L. c.,. ; ~~.... .. ...v ë.pplk.2.I1t in u~e ¡eZOí1e ¡~üest. 3. -1 "~"""-e1~-:"'-rv -'-1 ,..,.,-...., (."...0"'$ -,,-1"',-:-",,\""'; -~-"'~(."s """"0 ,. r:':'__J ":"')1'"'\-,"; ::ot SO'JL"-1 2~2;.d ...... }-.. _lJ~,:t:...J. .:-'.c. :I.<=.::- -;: ... ::.'-':--~~'" c...."____~ I..'" -'~.:'<:"'; -="....c.u~. ~ S~~t ~:d SO°..::,:'" 2S4ï..i S:.;~i. Lï ~èè:iCo?), a S~Ò ;cad (25(1 ?;~~ So~:.J)) èe¿è-e;¡ès H t:'-,~ -,1'"'\-::-- ""'70';""\."'-] ,,~... 't :s --.':C:"'-""..I .:--t °1-.:S 7r"-:::0' "'cl,,1d .0" ex!ë~..de:j \F'O;1 ..... .......l...a r- r"""J L .o-.Jv. .I "-'.... -:-c..;::;;.;.J 1.:.<; 1.::..1 . ""'- ... -. ....... 0 .. r . de'vë19pme.j.t of plOp-tITj to the. jlOru1 o.:;~Ü~ ~s ê.ho ZO¡¡çd R.S 7.2. Aillo!..S _Lì t,'¡e p}ë.t .'¥.-'ill ê.cce.ss ori!O Lï~ma..1 plH reads '~':-:5Ò Uè configured iT! a Cl:cuJu pë.!iër7l \;'iÙ c~l-óe.- ~cs. 4. "'ITO,'",c::""a """or-"'---es ~..., ~i' C~;""""-"o~s :-.. "",-,.......\ RS .:;: 0 ~;:- -,? -"'0'":"') C' ù 6 ï=...c...:-,. ~,.. -u ""'::o.r'. r-JL; _ac:..:...l.._......._.. --"^".,~.. ..I. ,_'oj ,-,~, .-......;)"'"'.. "-^ "'.:-L ."'0-' ""þ "9 " ~--A ---~-1 -;1 0: ."..,. --0---] ..o..~' or- ,. r:,:._-., .,.,C-ù' :.,.., ,"....:0 :--...;:--... .l .I. UJ" - ...1 <:.I..J"- !,t:...J\.,oÇ;-, c..:.J. .I. 1.:;- ;.-'J :,:::JL .......L . ';'\L:..:....~l -,.:. .:.a u...... JJ:'::"""':;c..~ \"C:"'~N :s -,..,.,......A "'s -,? "'- VS" () -'::--':......:_;; :-'-i"'\~"_:"S .'0 ."..... ..."'~. ---o(.s ".'¡,i,!-~. . .û....L.l J L....:.I,-""~,, .- ",'J...' -... ~_'l\..:_:"':;~ :.I..:-~':'~- - :..:,- ~l c.\... .. -'--.,:.<:....1) ."c-d" --e zo-_..I RS 0 6 S..--..-,::-;; ..,-s ...... c,""'e'o-",A -"'."'~:"-'Y ...:.0,., ~:""'c:'e :--:'Y ::<.. Co <:..! JJÇ.J - ..... ~l.\.'L:':";';- \.:;);:: c..;... '-' ; :.>;::.;.,¡ C.-.'-;';;)J'-;;;'. """-'l .l:,_: -lc...J::.:... -... - -es~G'.:o-'~-' ,-'....=:n:-~I: e.'-""J>~t ..0- - C"'....--;., -f'\-"..'-~. 1'"'\: .~~ ~:.", ,; l "'-J~t:.J. ~.........Ll..u:;- ^'^";- ,¡ 'J. t:. .::':.\.;. :¡...,.~;~L ....'.1. L..!¡..... ...-. 5. Be:cë."~~ oÎ ~:-'e 1:;C"~~~c.!T.t \:,e:h.,...h f'.' ~h,.. t~~.:o "~è ë.""':""11,('..:-t co~':-;-~~~:o~.e..,; ê. \;¡:"'};::;d -. -. -':;"'" .. --.-. ... -.- ---, _0 rr--' ...... .-- .. - srudy by Dê.vid Evê.jjS ë..ïd Ass.cdê.tt.s, I;.co, whkh p;¡epë.;e;j 2. "',;'e.¡}ê....;jd detem.¿-;ê.15o:1 :-""'-ct ",..r..~s-"'-' --0' ""1".-1"'..",,'-..1 -:':-.":0"'" .,.-"",,-+ ,-'.",-_..1 ,.._..~. _.1.8 10()0 (E""!-.:'o:t .1G) ;JJ:.l-'c. ~"...... ¡u....uL ~ """""JJ'^"r-':':""- :¡"-',;~~ .1 .C:.=-""", L ~.cu '-.~';\J_L ,_...... "':..' ; . A c.o;¡",¡p1e~td ê.?pH~15o;1 for t:ht ;t:::.o;-:~ ë..:-:d s'.Jb(i\'1S~O;1 ":'"ë...S s'Jbd!~e.d 0;) Septe¡-¡.ber 24, 1991 t ê....;îd Wê.S \'tst~ ~;jde.r Se::riO;1 80.1.~5.2 of i.h~ F\VZC ê.ÓOp~e.d Febr~ê.I)' 27, 1990. The We.Ùê.JïÓS ;¡ep-:)¡t -':"ê.S ë.CCDïë.1t~y ~.d COITÕ:ùy p¡epë.l"'~ b éccorèê.Jïœ w5Ù ~d Se.ct50Z1. Tn~ reDO:1 es~b15s~;es L'-:ë.t t:"..:t:~ ë.:~ s~ ..;.tÙë.;¡Gs ë..:";d 2. ::v;:d 1o!~'I'h~ 1.31 ëc:-es . . ~ 0.., '¡"þ S:,~ Fo"- or- "'..e (.;.., "'et.:~.-c's --.- -,.,-(.:(:',..--..1 .0 i-~ -- -,,'-......-\ '0'e'1-~c~s .""'0' .0'-' , .. L..!.~ llZ. a.:J U, -"^-'" ~. c..... ....uJJ., "....c.;.J L ...'v _c:.;....;c.......... ... L.:t:..!J' , ~J .:.<:....1 1 A3 -c";"'s ":"\""""0""-:""1" A'I ---"'S C,.: ~"'" """"--c~s ...,'" ~-.a '-:-.--c"'..1 0,- C':t'"'l'.c"..1 .....y ."" Co..... '-"rr'- .-wH.-...)." ~I..... 1 _.~ ..,..~c... . "'.:....1 -"'- ""r-Co.;;;.:..¡ l '-r'c.;;;.:..¡ J Lie proposed developme.nt; .25 écrtS '.:;ill be. 1 Ti1péCt.e.d by ù~~ ',:;¡óening of :Milit2ry Rozd Sou..'1 ê.j.d i1'.e bë.Jê...')ce. by L'ie co:-:s!.ï"~C~O."1 of the p.opo~ s:.;:.èi\'is:o:1. A \"ery sïï¡ill PO;¡tjO;1 of i.Ì',e \;'e.ù~ïd \;'w be¡jj.~ëc:.=j by f:X~vZt50;1 ;;"-.å i.,~s!¿}Ja¡jo;1 of a .e.quÙ"tJi SllÛtLIY ~wer .li.'1e ',:;h.5Ò hë.S no o:her ;tL'O:ìë.b}e. phys:c~..1 }c.:...::.do:l on tJ-.e sileo Proposed Lot 59 is JOCG1ed wiihin ihe re.quire.d lC()-foot ~,bëck ;. C'?:1 a \;'eùë..:,d, 2.nd DUst toe reconfigured . 6. ....e -:-,.,..1:1"'-;:-.1'S '~"e"~-c's ev........., .,-..->--:-...-1 '> c.o-I"':>':"\"',,:' _:..:~-:.:",... :-,'--:"" """':c'"',-O'ìCS"'S J,. c.r.r-.~' ...~. ^r"'-U r"'r'~;::.J '" "'-"'-rlL..:c.l ""1.....;--""" l-'~' "'..." . r - ~ ùie cre.ë.t5o;) of .06 zc;es of fo:e~:ed '.:.~¡J:~..')d. e::h~')c.erï'.t;-..t C'Ï EXHtBl ex¡~",:,-:~ Jl. '".eùëJìd btoit:=.t, 2.nd erL~;:"Îc.è¡-;,e;-.t c-i ,25 ëc;es of wetJ::...~d t-:..:i:-er PÀGt~~~ ) \ ': ) P.-\RKL\..'\E VE...'-.;TCRESiHERlTAGE \,"OODS FILE #SUB-91-0001; RZ-92-0001 F\VHE FILE #92-4 PAGE 5 ) proposed c.onceptu..a1 mit.ig2ùon pJ~î will resu1t in a net Joss of weùand fu;¡clion and \'ëJue. In 2ddii5on, Ùie pJG.,¡î does not provJde measures for contro1ling or encouraging public access into or from se.nsiù\'e weùand ~eas. However, these eJements \;:jjl be co¡¡sJóere.d In u~e finiÙ mii5g::.tion pJ::"'î re.quire.d by the co;¡d~¡jons cont25ne.d j¡¡ the. M.it.ig2.ted Detem-Jnat1on of Non-SignifiC<.1iœ. The appliü.r;t hü ë:grë:.td to ill cor.dilioj)s in Úie 1IDNS. Conòit3ons require.d ïJuough the e¡¡vironmenl2l review process ë:de.quë:te1y ::ddress weùê.;îd impacts ê.Ssodatëd wh.l this proposed ¿evelop:;;er.t. The site r.2.S a -iiìe.óium outside Re;¿onGo/MDto;1 ch2.nnel <?quifer" bfùtr2.t~o;1 r<:.ting 2.S sçt forul in ui.e Fe.derd ~Vay Comprehe;¡sive PJ::"'î (FWCP). Ho"",'ever, Ùìe ponio:l oÍ the ~:o.. S"b:.....-t .0 "":s Aesicn-':o"" )'s '~'" lo";e- e"'\'-o:o"" """:c1.., co-'.:"'s O~e"" ,..~0;>J.- ~o-'c's ~a..... u J""'" ~ u:.,¡ u '::;'; c.u u ..;".... J. .... 'c.u H .... U.. ..~., .i:- ò1 .... ~.- r ,. and ',;'eùê.;ïd ue¿s 2nd is propv~ ~o be prote:cí.éd ::.s 2.:"1 e.jn'i;onmer,1.2l1y sensitive Ue2. The pmpose.d design of ú~e 'subdivision, :nduding prote:cto:l of Li¡s pordo:1 of L~e si:e 1S consistent with Policy :NE-10; F\VCP, ',;'hich 2.åvises w"e City to Dmltdeve1opment b 2.ctÏve <?quifer re:ch2.Jge 2.Je.ë.S. 7. The 2ppllc.?Jjt comrnissioi1e;d a ge.o-:.e:ch;-LiC¿} engme:ef.L'1g report due to st~pslopesê.;"1å weua.nås on ¡he site. (Exhibit 1I). T.¡e ge:o-techpJc2.l repert revwe.d Li~t ,,~'iÙ the. ex~priojj of Û;e weùE1iòs G.,¡,d ste:ep s10pe Ue.ë.S there ue ,,0 unusuiÙ g-êO-t~hn1c2.l coü¿itions 0:1 LÌ1e site. No sign.ifk~Ît ge.o.~f!J~c2.l impacts related to des¡gn G.:Jå co¡¡struc~O;1 cf improvements v.it.iLî e¡-¡VlrOniiìentG.ily ~;;s:tive v.'eùë.nå ue¿s i::e exp>...cted. The 2.pptiC2J¡t will be re:qüÜ"êd to me:et ill recÖmme¡¡òatlons contEine.d b the geo-tech:n.iCGl report which ue ap?1ic:<.bJe to deveJopme./it wi&.in 25 f~t ofgeoJogkG11y """>"""o'o"s .-..".. -"'... C:"y """'~y -1so -A""UU'-" .'L.... ~""p':/"'~-t 00 ~_o_:'"" U"'" S-"""':~"s 0: - .~ ' u c.J~. J. U" H ,o.: c...: !v.: "u......:.:" .u~, l C:;~.'"a .., t:!. ~ J. Go .. . n-oress:o--' ...n-:n""r -nd -eo.:", or -lOp,."" "ec"o-':o'" r!! Hc.J ..., .:;u -.-. t:.: ~. I.... .Go"""" . .."L.C.LJ u. 8. Dë.v;d EVê.;îS 2..ïd Assod2.tes, L,c., performed a "signiñc2..:"1t t"~ srudy" in ]ê.;ïUZIY 1992 (Exhib¡t lK). Sub~\Jent to the date of ~d study Lie <?ppliCGJit i.ncr~eå Lie ë.Jï:ou.-.t of open sp~ce from 11.06 acres to i2.13 acres. F\VZC Se:::tO:1 90. J 5.3 re.q:.:hes t:b.t 25 % of ë.ll existL¡g significant tr~s b~ mù:,tGL,të or replace.d on ùie site. The proje=::t ê..S p;o?O~ -,;'ill me.et Li.is requirement ê.;îd a fin2.l s:gn5fiüjjt i:æ report will be subm5t1~ with Û'le f1.,21 construct5on p1ans. DeveJopme¡;t pJa..,s fer e.2ch bdivióuë.l Jet wil~ be reviewed for possible protb:L5oi1 of additjonal tr~. 9. F\VZC Sð:ÚO:1 16.2S0 requires bufftrs from ë.T..e.rial st;eets or esl2b1ishe.d 2djace;;t J¡:..nd uses. Tne 2pp1)~t proposes to s;:risfy this requiremer.t by providing a 20-fc>Ot \:;iòe ]z..r¡GSC2.?"'....d bdi'er 2Jong ~E)jt.2.I)' R02d SouLi-¡. Th~ appl.:c¿nt 2Jso p;opDses10 m?.Ï:lw:l 15-f~t of veget2.i3oi1 2.1ong the re.2.r pr°r-rty Ibes of lots 2djoirur.g L1e norLÌl, SOUL1 ë.JJd west. properi)' li;;e.s. At the he-G.ring, b responding io Ù'".c re.çuest oEXHI'B1tr ¡J-;c 12- app)jc.~.nt ::gre.ed to exte:1d Ùie buffer to Lot 4]. PAGE It¡ OF....Ja.. 10. PARKL.~'\E VE:\TLlliSiHERJT AGE WOODS mE #SlJB-91-0001 j RZ-92-0001 F\\1Œ FILE #92-4 PAGE 6 11. 12. ) \. ~. , ) David Evans and Assocj2tes, I;1c. " p¡ep2.jd ë..., inspection ,e?o;t of observed "'11å1jfe, dated January 10, 1991 (Exhibit 1L). ACCDjding io the jepolt û'ïe site provides hê.bit.Gt for small mammals, rodents, and reptiJes, ë..S well ë..S sor:gbi:ès 2..-r¡d insects. The !ei!er Iiientioils oDservê.tio;) of "2.." uruóent5f:e:.d ..;'ûoGpe.cker." TI¡e p::të.:e.d wooèpecker is liste.å . G..S .. sensitive.' by the \Vë..S:-¡¡¡g~O;1 St¿:e Depë.rime.;:t of \\'i.1dlife. By Jetter G2te.d ~fê.Y 23, i992 (Exhibit 8), the person conducting the siUdy, Joru, D. Macklin, C];;.ñfie.d û'1e woodpecker sighÙJ"1g by i;¡djc¿ili;g L~ë.t h ";'ê..S most lil:e1y a do';.;;-/)' ',:;oodpt.eke.r or a 11&j -I,"~ ',:,'oodpecke.r, G..S opposed to a pUe¿,ted woOOpecker. Tf;~ pjJe¿,te.d woodpecker is . signific¿nùy ]uger \J,iLÌ1 very distinCbye mukings, G;';d ';;'ou1d have b~;1 6:.s:1y \ \ -ecoc:/":;_-.A Thu<: .he-e. --e no eT'1r..",.. C'e~~.. U"""""."-eo. or <':'-<:;"';\"" <:p"""~es 0.... '"r-... <:':e \. I ::> I,Leu.. -, u ) c.J . .)'-=J:> l;:.u, 'u'""'~...), , . _........I_.~ ... .' '^-, " I.,;¡".P , ...--J The ~ppii~¡t is proposi.ng to preserve 12.13 ê.c:es (ë.pp¡:o:rj;::ë.:ely 29 % oÎ û'Je si:e) Q open Sp2~. F\VZC 16.250 requires L~ë.t 15 % of L~e 5i~e be ;;;:::"'J~Zie.d ê..S ope;1 sp?c~. Tnerefore LÌ)e ê.pplic¿j1t is proviòing ëJmost t\:.'Ìœ Üie Op-"...;1' S"p2œ ê..S required by ûle code. 4.21 ë.cres ~s åesiE!".?ted for uszb1e ODe:'} S;)2œ. The ?D;)Dc:¿;t 'DropoSêS to co;JstJ~ct a - ..... èo'.1b1e-wide te~is court b this u~bk ::.:e:a fer public 1Jse ::,:,d de:.dicë.te it to t;";e City. . The proposed p12t ê..S subrnitt.eó is coZisistent .,;-jth Ü¡e requlIe;-.,er¡i..S of ilie F\VZC, eÿ=-;1 s--";;" c--'s -'"'d ool:c:"'s OcL .....,. '¡:"":C? --."; -c~~J'I"-""'lY -;":_~."'s -~-1.r<' -"'d -"""-"-~o"" -,èJG-"'" .::..U<:.l ~, . I I... LiJv ¡; n ,"""U G .~~:..... )'-~:::.- r'~~~' ...........~~ ,L imp2Ci.S resulting from ü"ïe deveJop¡¡¡eDt. 13. 'DlÍs site is impacted by no~se f¡o~ ilicr-~"1 ~Jl\'iï;g ~-:å èip!T"-';o;g f~ow i1:e S~¡Le- T::.coma L'1term.i:Îon2.1 A..L-port. The. ë.ppE~t hê..S ë.g:".'d to e.mpJoy ë.:ppropr:ë.:e c.onstruci5on me¿sures to rë:düœ noise .,;'it:':¡b homes co;;s~:n~c:=.j 0;1 st:bdi\"~5io:s 1o;.s. , A ."T,. T'-.. F.,.Ae.-' \1.~-y \1.~.'e- --d $;:'...,,- D:s~-' ."'d .'-.. U~..'I..1:-.s ','t-.,=-- 'D:s~""';ct ~-O\':c~" .DO';" J,.... '-"U 1<:..J. ,"\<:< '"YG.~Lc:..J """""1 J.L.(J\..LG.OJ """"""";""""'.'" 1G....1 J:"'J ,yJ ." 1.,;, se""'r "'1"d ,.,.',.- S,,"",o:,..,. .0 .'1.... ":'e Po.'" C':s."':c:.s h-\... S.':'::'c:~""'t """D-C:~ '0 r.."",'" 1.;"-.. "'... <;.., "":':.0-.1. ...l'J""'" , L..:.....;,. "-",,,'JUJ I':'" ~J,."..."o...<:.':'G':l)' ;O...J'", ¡v proposed development. The. appliWit is requestii1g exd1Js~Ye Wë.ter se¡v5ce from Lie Fe.deJ21 \Vay D1strict, ~ìd \=Y.m p~opo~ 2.." ij¡:erJoc2l ::.ge;1cy ë.gr~j;1ent 2J71eilèIT:e~t 10 êàjust Lie s.erviœ 2.Je.a. boun&...-y b~~.;.~;) ù'ïe. j\;'O åistrk:.s. Cerrif;e<:.tes of -';'ë.:er ë...'lå se~"er êvë.5Jë.bility were provid::d by bOLi d1Si.riCts (Exhib1t ID). 15. Replë.œment of m.iUrd 2Ie.2.S \;'i~Ì1 Pê.\'e.d (k..eJo?~ ue.::.s ';.'ill.coj',triþu~e some po11~t?.ìi.S to ground 2.1id surface Wê.t.ers. TI,e ?ppUcG.nt is proposL¡g to ::-Jt.ig2te the impact of L~ese pollutants by instaJJing oilJwë.i.er sepë.1Gtors i;1 the o;1-si~e e<:.lcn bë.5i11s 2.J'ldJor by usi..-;g grc..Ss-1L¡ed s,,;,'2Jes to UGmport run-off ir.~o o;)-site detencio;)¡'ret.ent.ion ponds. J::eger Engineering prepued a "preliITÚr.ë.ry ¿rclm.ge 2...ï2.1)'sis" (h\5bit lQ), which proy)de.d a technic¿} 2JjaJys;s of on-site ëJ1d do";ï1süe¿,.-;1 dr2Í1i2ge coí1è;.:o~s. Tre report )åeí1tjf;ëd ë..'l existing flooding probJem ne.u the i;)~¡~tion of St2.I w:e Ro2d and SouLh 272nd Su~t, 2pproximat.eJy 112 mjJe dOWn5tIe.;:..1-:1. Tne City OÏ Fe.èerd \\'ø~T"'} a ..Q.. project 10 reJ..je:\"e ¡jUs sii1J¿Lio;1, 2...îd L~e ë.prUCê.Jît ',:;ill co;.ù-i,;):.::~ to a~~~D~~e crii- ()" C'Î L'f)e propose.d ir:1p;o\'emen;s. The Ci,y of Fe.deïd \\"ë.)' 2dC'?:eJ a s1"'Mœ;.~Vr ~ i , . PA.RKLA..'\E V£.'~TCRESrH£R1TAGE \rOODS TILE F.'SUB-91-0001; RL-92-0001 FWHE FILE .792-~ PAGE 7 16. 17. \ ) " ) m~ua1 in 1990 whkh requires impíOvements such as surf~œ '.\'~:er de:ention, bio- fùtrGt5o;¡ 2.nd oil/wê.ler sep2.fê.llon. The ê.pp15~l's p;opoS2l exc"-".Gs ;;;;;:iï;1um Liresho~ds of sajd m2.1ìuë.J. The origir,2.1 ro2d bed of "Old Mili!2ry RO2Ò" 3S l0C2ted W~~1~Z1 the p)2.t bo'Jnd2.ries. \Vhile this road has military historic¿l s3grJf¡c.ë..nce, it is not identified as having a S'C"'ü"::r",....t \":S'O-;A_1 \:-lue Th- -p~l:r",..t l..,':t l..o"'e "er \",~..,..,~::~].. ,;:--.~:>...I 10 Phc.:o 2. .~. l¡~. IU , J.\..<:.l G..I. I.... G r .~. I._, I.'" ,'--.-..-. J -~j=-U .- "" pe.rmê.;~ent muker identifying the lo-..ë.rio:1 of PQ]d :M.ilit2.Iy Road. II David Ev2.1ìs 2Jjd Associates, Inc., prep;:,¡e.d 2. .sc~ool ê.~Ss ê.,::d school i;np2ct 2.¡îë.Jysis" (ExÞjbit IT). 'Tr..is. report establishes t:~2t ~P?;cx1~ately 93 s¡-;;ë~:-;~ ',;-ill res~de in ilie development Up0!1 its complerion. Ho',:;ever, b2..~ upon 2. r¿11c::O:1 in the number of Jots, the Federe.! \Vay School DistI1ct c.2..1cula\.es that appro:~~:'u¡ë.!zly ï4 students will reside in the de\'elopment,. Th~ school district s~tes &.ê.1 ilie Ljc~ in Üì~ number of srudeni.s is 'ÎLiúga~ through tb~ use of COn5u-ùcrion bonds, imp2.ct f~s, 2..:jd St2!e ffië.tchbg funds. The .District is concerned abo~t t~e access of sruåe:!Î.S 10 Më.:k TWê.b E1emen~::ry School. \Vithout appropriate peèestri2..:î p~ilis scho::>l-age c~é:e:1 would b~'¡equiIe:d to wë.1k 2.Jong 1-filit2.J.)' Road South 2.nd Som::; Si2.r ùke Roê.d- Thes.e :iOê.CS ue high sp~.d, high-\'olum~ merië.Js, ~d would po~ a signiñ~t &nger to c]-,;1d.en. The ê.ppEcê.nt has ê.gr~ to provide a r...destrian paLl f:iom 22!"Jå A\'em;~ SO1JL1 ~o 23rd Co'Jrt Som::;, be.t',,'~:l Lots 35 2Jïd ~6~ 1"1 aådiric¡'} , L"je. applicz¡t has 2.g.~ 10 provide. 2. paün;'ay -10'"'0' -'1-,:0 11'V'""':0,:,, 0& -'l.e r""'er' ,:..... -'-'-0"-'" -'f..:o -o~n-"'rt --"'~O'" -,: -'f.,:o "".. ,..1..;C'j1 ,"ill', G.! ¡'::> 1..:.... ...,..,....U a J. u:"""",", .I.U", uu to:;.. L.:"", U .:...~ l:'~¿- '.' \"'J. 1..:.... :--GL "'41. j , provide a much shorter pat.J1 to th~ scÌio:>1. 18. A signific.2.nt issue regê.íåLïg L1)e imerpretzrlo:1 of Lie Fe::e¿ë.J \V~y Zonbg Code, 'Lie Fe.åerd \Vay Comprehensiy~ Plê.Jî ê.!id Ti¡)e 22 of t'ïe Fe:de. ë.l \Vay City Cod~ remë.ins unresolved. Th~ City Public \Vorks Dire;Ctor hê..S deteITci.:ïe.d thê.t th~ 2.pplic¿"jt must improve Y.illitë.ry Road South to a fiye-]2..:ïe ¡Q2d',;'ay v.ith CUj "us, g'J~ers, side',:.'ë.lks êJ1d bike paL'ïs on bOLi sides GJong ibe. si:.e's entire frontage. The Dirëelor bê..Ses his decision 0:1 F\VZC SecriO!1 110.25, tli~ City of Feó~¡-d '.'.'2.y's cu.r-.e;-,l Six-Ye.a.r Tr~"1spo~t5o¡'J Imprcye:nent Prog¡?.111 (TIP), 2.."Jd K;::g Co'.!:-,iy's furu.e 1992 T¡-c::ïSpOj'~::O:1 N'e.e.ds Report (unpublished as yet). The requirement for the 'C.-1d:.1) of roadway is based on existing 2.nd projected trc.ffic lcaås, G.:id the. ne:::d for ~e n;rni..,g movements. Tne ê.ppliC2.nt states that F\VZC SecriO:1 1 iO,25 must be re¿d i" conjuncùon W]t.Ji the comprehensive. p]2J1 and Tiùe 22. When tt-¡o~ secrions a.,-e ;,~d together the. applk::.nt 2Igues thê.t it is Lie code.'s intent 10 require Lt-¡e 2pplJc.a.r.t tD ;¡;irigê.!e trc.ffic i¡;¡p::cts ~used by t1)¡s development, and Ùìë.t Üje trJDc impê.ct ê..."'.~ys:s (prepue.d by D2\'id Ev2.1ìs & Associates, Exhibit 10) est¿,b15shes Lt-¡~t a L'Lr~-J¡:..:..~ :oad with curb, gu!1er, side-':"2lk ë.nd bike paLi on the 'J,'est s:de ¡s sdf;dent to m5tg:::= ~¿f:c im~cts frcr:1 ps s'Jbåivisio;1, EXHltJlT PAGE-LLOF .-JL- PARKLA..'\E VE..'\TCRE.SiHERlTAGE \rOODS mE #SlíB-91-0001j RZ-92-0001 F\VHE FILE #92-4 PAGE 8 19. 20, '\ , " "- , The. e.xisting avenge. dë.ily traffic on Milil2.Iy Road adjoining ¡j-,e. project site. is 16.500 vehicJe trips, In Ù1e evening peak hour 1Ì1ere 2J"e 1 ,388 \'e.hic)~ trips, Upon development of u'ìis site. inffic Oi1 1\1115121)' R02d \1o.m be incre.::..st.d by 1,1 ;.6 \"e1:ic1e tIips per day. a.nd 118 ve.hicks èüfuîg Ll~ e\'e.ning pe2k hour. S~d cou;¡LS ~~10t:;¡t 10 a 6. S % dëiìy increase. ê.r;d a 9.8 % pe¿k ho\;r inc.e.2..Se. The app)iCGJit c:..ss.erts Ù1ë.t MiJiw-y Road at L1is J~t.10i1 is a coJJec~or merial since 1Ì1e Comprehensive. P1~ì map ¡e.jle.::Ls it ë..S such. Ho'v,'e.veí, p.vZC Chm 110-1 ièe.~t5f)es miner me.ri2.ls ë..S hë.\'1ng avenge. èë.51y tJë.fñc volumes ber':"~:1 8,000 \'ehicJe. trips per è-ay 2Jld 30.0:X) ve.h.ic1e trips per &Y. '>=,'he.:e..::.s c.oiJ:::.:~or U"'.ëri~S have. d~;ly trcific volumes oÎ betv.'eê.;1 3,OJO ~ïd 9.00a ve.hk1e tJ-ips perëL.y. ~~L:or Uitri2Js ue. åefme.d ~ ":' 'N. ~'..~, - _..:- -, :~- -' - ~-dr--:':.: "...~--...."..",.. ë..S .uïL-ra-c.ommUn1LJ .0<:G\=.<:ÿs COuj1fCu..,g com'¡¡Ün"J ~'-j...e.s t:.J, J<:\..~ues. "'"HC.~ ~ colle:c.tor ë.ræ.ri2Js êJe. defi.ïed ë..S ~iJ1tn-commuruty W2.Ô';;ë.)'s cor~e.cting residential n"'=c'n'Do-'nooc:s ".;,-,. co~~"m'~ """n""rs --0' .-c;i;':e~" ,....0'-'" -""""'5 O. ...o-d --'" ~o;r:;~l'y ......~ .L "no"" u.:...... LJ "",,-J~.... ~. Je..u..<l.:~. D...; .):~ J.. C. <:..J..... r'~~c:...!.l cont"'olJ-.~ "':"il :_r_~""....-t -CifSS '0 -,!-"...:_- P"'o-"'-:-- "O,:,...~ "pO"" .~.. -'"'0"" . u t::U ""'JU J..iJJ"""'1""""¡ C. L c.vt..au.;,.:;' J y-,¡c..;;::;:'. """c;j~ u' a UI\.. c.v ..... åefl11itio;1s ~ïd trciiic volumes. Militë.ry Ro~d SouÙ is a minor U1en21. Tne. comprehens"lye pj~ï mê.p is a gene~ ë.liz.ë:d m2.p wh~ch jdenli~ts ge¡-¡e.ïdly whkh ro::òs ê.I"e "~-C:D-' --:;:.~~11: coi1;:"'-'or ~""""":_'I: ~-Q' -:-or ~-...~-11: D"o""',""r -'-:e. c:""""'~n-c fL...J J_c.J. c..J......J,~-, _.......L c..J........J.c.J-. c:.JJ UlJ.¡. C4L....J.~_, .r:............. u, -:---~J c1ë..Ssific¿tiOil cri~ria is found in F\VZC Chut 110-1. n;:: existing trc.f¡~C volume. 0;1 " :Milit2.r)' Roë.d SouLÌ1 gre.ë.ùy exc""""':'s ihe trJ~c y01umes sp~~::~ for a collector ë.IteriëJ, and f21ls ',;.'ithin 1.1e avenge å.ë.ily tr¿iic yo1umes of a ~¡or ë.í.e..riëJ. 21. The. MDNS cont2i.-:s six off-si~ trJfic mit5gat1on me¿sU.::5 whkh Ùie applic2JJt ht:..S 2.gre::=.d 10 p>-r.orm. Tjje~ ITie.ë..Sures ue ê.S foDo\=.:5: a,) b,) c.) d,) e.) f.) COjjû-ibu&.g S11 .60a 2..S j~ pro-nta co¡û-ibutc:1 ~o":"2l"d j¡;:p;o\'em~;1ts Lï M:ilii2.iJ' Road from 1-5 to SOULl 288Ll Si7~t; p2.\"ing Yillituy Road SoUth ;. om L1~ ¡-¡Oï,"' ~ïd s.ouÙ t.emid of L1~ required right-of-way iiilproveme.ïts ë..bu.-tJ;g Die site.; cojjstructing a noru'1boünd }eft tu.¡11 J;:J1~ 0:1 ~\filit:="I)' Road $ou1.l at the in~r~rio;1 with St2.r w:e Roaå; " cooròinating with Ù1e.. City ë.nd King COUjjiy to :;¡oöify me sign2Js ë.t South 28SL~ StI~t 2Jìd SOUL~ 272nd Street; cksiga G.iid consû-uct a trJfic isJë.nd <:..îd s:pëge a 1.le. i.ï¡~rse.c:¡jo;1 of Sout..'1 284t..l StJ~tí!-.iilit2.ry R02d 50u...'1 :0 ;-o:.::e wesibound trcific from SOULl 2S~...1 Si::eet r.ght o;:Jy O;"/ÎO MiJ¡~y Rc~d So:;':,; prepë.:e and sub;nit for 2?pro"ë.l a trc..¡-,s?"~"'-L?¡)C':1 J:i2.,"")2geme¡¡t pJ::""ï ih~t is ëccept.:bJe to MelIo GJld tJ-,e.. City, EXHIBIT j) PAGE 17 OF.~"""" ) \ ) !~ PARKL..\..."""E VE.'\TCRESiHERITAG£ WOODS FILE #SL~-91-0001; RZ-92-0001 F\\l1E FILE #92-4 PAGE 9 The applic.arlt di~gr~s wiÙ'l Finding of FGct #12 in the ~m~s which stL.tes Ù'I::t F\VZC Section 110.25 requires Ùìe constn.Jct.Ïoi1 of a ñ\'e-IéJìe êJ1erië.l roGd se:ct50í1 ë.long the pJ2.t front2ge wiÙ'l Mi}it2.r)' Road SauLi-¡. 22. Concerns r~se.å by spr-...ë.keïS a Lie }¡e¿,¡":Jg to incJude the. ;:P?DC¿1t'S tr2fi1C expert 2.nd citi..z.e.ns of Lie 2.Iea. were 2.ddressed to the Ílye-Jê.J"1e road s~tO:1 requireme::t. Testimony indiCG!.ed ù"-:2.t 1lililU)' RoGd i? basic.illy a ¡',;'o-}ë.J.e ¡o;:d ¡-or i'-S entire Jength, eXcept for intersections where it is wióene-.d îo Üu'æ lë!ies. \Videning ~~~]jtuy Rœd to five lêJ".èS ',;'ill cr~tè ë..n unnec.es~.IY s.,:,'zt:i thrO\:gh the comm\mity si;¡;:;u to SR99. SR99 2...ïd T-5 --~ O'~~;c-,"Å. for nic:.. \'o}""e th"'O"c~_"-:-f--;C TT"'r~f~ l"1"\-;:';o~s ,.'iil bþ' C-~-~~Å .01 ~..... '-_',::>I.D'.J - "."", ",.1. L:,. -:;'" L:c...:J.. 1,.;.,.><0...... """""'..-.-.. "u ..... .~,;::.u co""s~-ÜCt;...C7 a S1...ort -~\'...-1-,.... .o-.d r"'--.~o:'l "'~;c"" "'ill'l -....~.., ~~::t ~;-f-,- "'111 ~o,.~ :"'0;":" " u U,I.,::> II l J. '- .'::":1'- ¿ '" ~U a, "h.: .¡ n 1,,----. -'- ~c...:J.l.,. Yo_. I.. ,..... J. ,.. a tV,'o-l;:,ne configurc.î5on tDfive j2.J1tS then b2.ck to t""o lë..nes, Vehicles will üœ to get ê.Ìiead of oilier vehkles to hêse b~¡ttr êCCtSS to Üie trJi1c 1:5::t H SOIJi.:l 28S~1 Stre.et. Funhermore, widening Milituy Ro~d 'hill ~dversely jmp:icthou$~s on both sides oÎ LÌ'Je roãd. 23. F\VZC Seeton 130.60 s.::ts for-Ò the criteria !':"ruch (L'1 applk::.:,t must me:=t L-1 o¡-óer to obt~.ii1 2. zone red2.Ssiñcat:oí1. F~di.¡gs !ëq'.1ir::d by s.zid s~:iO:1 2.7e hereby iT;2.de 2..S foDo',:..s: a.) The p:;-opos:::.å rezone is L, L"¡~ b~st Lïterest of ilie City. 1-1 aódirioí1 to developing the si~ b acc.cr¿~îœ with ill C~ty codes ~¡d regulatoDS, t1-.e --,:,,\,:,."'-t :5 --o":c':-- -'-cst -..:,... ,~... C-~..., ~---... -....r.":-"'.-; ....." ---':c-"""" c..i:'.r"U~I . .:-'¿ oJ UI.:;. <:.illl ~""""'" U"" r"'-'¿ ':'r~'"'" J---iU.:..L.....u VJ c,P.F""' <:'1.-...... codes, ê.I'.d is c.onsu.Jct..¡g 2. double tem-~s court on 4.1 acres 2...'1d de.ålcê.iing the improvement .21ong ',;'iL1 L':-,~ acre.G.ge 10 i.::'ïe City. Funnermore, the applkë.r.t is buffering ex.isrl;-.g ~¿joini¡¡g àe\'eJopmeji1S, P'O\"""'~;t"\a ::....d ';"es~oJ":-.a c:.:>-~:":"e --þ~~ -"d P"-""":':~:1 ",-ì'-"-,,s '0 e""s"-~ . -UJ'~-I.. . LI'",_-U-JU>' ~~,c:..: '.V\.\,;,IJ..::>"c..u."'G; ~ ..\..!J... safe access to schools. D.) The re.z,oi1e -.;.m correct a zone cJë..SsifiCGDon or z,o¡;e bound2.I)' Li::.t W2..S LïappropriaiL when esi.ë:blished. The site lS ]o~te.d within the suburb2..T'l res¡óe.nt5ë..l Jê.J')d use cJa.ssi¡!Cê.tion oíûie comFt:-.e.:¡si\'e pJ<:..î. BOLi RS 7,2 2Jìd RS 9.6 siJÎgJe-f2J-nily zones ~e ~Jow2..b1e w:Ù1i.1 LJ-..3s cJ2.ssific2rion. The properJes adjoining the S-OUtÌl and west of i.~e site ;:;e cuITenùy Wòe.d RS 7.2. The site i&Jf is sp)jt-z,one.d, -.=,-j¡j¡ Gpp:oxj¡T,2tely 30% being W¡;e.d RS 7.2. l1ïe RS 9.6 proptrJes 2..!e ~e;;er¿]y JOC2te.d e¿st of :!\1ilii.aJ)' Roê.d, wiL1 L~e sjj'¡2l1er Jots sizes on Lie west s:åe of MjJii.2.ry R02d. The wile reda.ssi¡]Cê.t1on would ë.lJo":" co;;;p~ble de¡;siiy and de\'eJopme~t st2.nèuds L~o'..:ghout the en1:ÌIe si:~. As p:e\'ious}y st¿,e..d the appJj.c¿;-.l h~ ~r¡e op<30:1 of cJus,erir.g the s'Jb.::\"isjo~~Îr¡~, a D èe:1s:;y ",,'bÒ ¡s ca;:-,~~'J~e ;0 L~e RS 7.2 z..c:-.::.g, J:AI-UCB 1- P4GI; f ~ n¡: ~ð '" ) PARKL~'\E VE...~TLlŒS/HERlT AGE WOODS mE #S1.JB-91-0001; RZ-92-0001 F\VRE Fll..E #92-4 PAGE 10 24. \ '\ c.) The propo~ project comp15es wjL~ Ù1e Feèerd W2.y Zùnir'.g Code in ¡Jl respects. d.) The site pl2J1 is des5gned° to Ti'.lIllmi2e ill ê.d\"eíse imp2cts 0:1 èe\'e10p6d properties i11 Ùìe immeói2~ vkinity. e.) Tne site plê...1'l is designed to ínirJmire imp!ct.$ D?Q;1 publk services ë..:¡å . Dtil1ries, L, f2.ct, jjO imp2.cts to public serY~œs ÍJ2.\"e b~n ide;¡:5fle.d. The ê.pplicê.nt h2.d two commun.1ty meetings ê.J,d 2.~dressed concerns rcise.d by suITounóing resiåents. Tne~ con~:ns Lîc1uòedtrJñc; wi.!d}j~-e h.bit2.t, prote:::rion of se.nsitive ë..re.2S, existing drdnê.ge probleins, ;md tÌ".e lë.ck of pub. The site is 10Cê.teå ê.pproximê.te1y 1.25 miles from t-Ì)e n~est lor--2l p2Ik. However, ¡J-¡e ê.ppliCë.J1t C<:Jl1ìot be required to sell the si~ to Ùìe City, nor 6e City be re.q-.:i:"~ to purchase L'is si~e for a p2Ik. IV. CO~CLUSIONS 1. In the circülë.rion St:Ct1on of Lie. Fedelë.l \Vë.y Comprehensive Plê.J' Lie folJo\:.'ing stE.tements ue. mê.åe on pê.ges 29 ê.J¡d 30: "Trc.ific imp2.cts created by developments should be mj1jg2.ie.d by ù'ïe developer. On the oL1er hê.;id, existing trJñcåefide:¡cies shoulå b~ ê.ôd:resse.d 0'1 a breGGer sc¿Je, inc1udLig mirig2rion by LÌ)e Chy of Fe.del2.1 \\'2.y. IiT.p.ovem~jjts 10 'L~e trc.risportition system 1.'1 Fe.òerd \V2.y should be ?;ë.:";.;;e.d ë_!1d des5g:¡ed b 3- regioml context. . . ." . Policy T-12 of the eûmprehensive p1~ st2tes thê.t the City s;-Jou1d "require mirigGuo:¡ of dUb:t trcJìsport2.rion imp2ctS cre.ë.ted by new development." The comprehensive p)::.., contemplates 1..1 at develor-is will address \J-¡e direct i;-¡¡pacts of Lieir p2.i""Jcdê.I development on L'ïe public road system, while region2.1 2J)d exis:ing probJe;ns wou1d be aèèïesse.d by the City. 2. FWZC Se.::rion 16,300,30 requires Li2.t ill st"~lS abuLïi;-;g a p;oposed subdivision be ijj')pro\'ed in 2cc.o.Óê.J)C-e with Ch2p:er 110 of Ù1e Fe.der.:..l W2Y Zojji:1g Code. F\VZC Se:crion 110,05 est.2blishe.s Ù1e requirements for the improvei:1ents ë...ì 2.ppHC2.nt must mê...~e wiL.~in rights-of-way ë.èjë.cent \0 we piOposed subdi\"is:on. F\V~~BI~.25(1) Q.. s~!es 25 foUo\;'s: CAnt 1- PAGE --1LO~ ~ t \ \ ') , ~ ) P.-\RKL\..'\"E VE~Tl~/HERlTAGE WOODS FILE #SLïB-91-0001 i RZ-92-0001 . F\VHE FILE #92-4 PAGE 11 "Generd - The Development St2.nå2Ids portion of ch2.I1s 110-1 2J1d 110-2 establish the improvements that must be insI.2.iJe.d, bG..S~ on the c12.Ssifk2t10:1 of the various rights-of-way within the City. The appl1C2.:.t shGJl, consistent wiL~ Ùie provisioi1s of this Chapter, iiìStall ill iTi)pmyements es~blishe.d j¡1 Ch2.rt.S 119-1 2J1d 110-2 GJong the enilie froni2.ge ê.nd wjdth of e.::.ch right-of-'Ÿt'ay, other thë;, 2..lJeys, that abuts Üïe subject property." Chart 110-1 2.ilows three-];me, four-l~e, or fi\'e-]~e mLïor 2r~riG1 ro2ås. There 2.I'e no tests or guida_nee re.t fOIùi in s¿Jd chart to ~dent5fj w;-.eÙier 2. ~'!¡:~, four or fi\'e-]ê.J'1e !02d is 2.ppropn2te for a åe\'elopment. As prev~ously St1ted, :_h~ coiï;prehensiye pJ2..'1 s!2.:es t.l1ê.t deve!opers should be respo;)sib]~ fer j7J~g2tL¡g. L-.~ b1p2.Cts of t:leir 0',::11 development. L, addirion, Tiùe 22 of the Fe.èel¡Ù \'Yay Dry Cod~ is entitled ":!\1eû'ïods to :Mitigate Development Imp2cts. II Seeton 22.10 s!Ztes- i.;~2.t it isi.;'1e purpos~ of th3s section to "provide 2lterna1Íves for prosp.xrive develope-is of h:.nd wid1in the. City to rnltigat.e t1ïe direct impacts that have bæ., spedficilly i¿~¡¡tif;e:j by ule City ::..s 2. conse.quenœ of proposed development. II Include.d wiü-¿, L';~ 5mpacts 5denrifie.à bs~d ~""'~';O'" ~-A S'-'::'A'i.S ~"e"s ~;"d O';-e- P"bï=c "'-\'5 <::.::..-';o...?? '0 ct~'e<: '"' ..,~.... ~s .....,."u ..~.... u-...... , c:.J.J .J I ~l LJJ.I.' ...... "'c:.... ...........L.! a --.J -:¿.~ -, .u& }'c:..Ll, c:. follows: "Tile ofñd21 or body ch;:.rge.d '.;11.; gr-ciitLïg ûi~ ne::.ëss.ü-y 2.p:;:,Z'ov¡Ù for a proposed development sh~l review ë..;, ê.?pliCë..ït'S propos¿J for '¡¡-Jrigati~g ~-'Y ¡òenti!1eó, dir~t impacts. . . . . No omd21 or boGy shill ::.pp:ove a deveJopme:nt urJess --o'.;c:o-s ~-.... bAA... --~.. .0 _:';~-"'. :r..-';':::.."; C':_"'"'"t :_-~cts .'I.,~. ~-. ,tJl ~l_J.. I.c.'.... ---u ...c........ ......u.;c...... l.......IL.:..-... -...."^,, ..,,:::-t:. ....,t:.L c:..... cons.eoue.nces of such deve1o?ffiti1t." . . . 3. Tne Fedel21 \Vay Comprehei1sive P12..î, Chê.pte.r 110 of òe Ft.óeJù \Vay ZonLïg Code,. êJid Title 22 of iJie Feóerd \\~ê.Y City Code must be read tcgeû1er c:.:ld COns1stë¡¡ÜY if possible. LTl reading the~ ~rions togeÙ1er) Chart 11 0-1 p:o\'~des ëÙternatives of LÌ'}r~, four, ê.J1d five-j~e roads for minor ~:.f:ri2h. The co¡¡¡p::~;;ensi\'e p]2..Tl ::.nd Ti¡}e 22 provide guiå2..î~ to the Public \Vo¡ks DirëCior ë.S to whkh widLi should be r~uire.d bë..Sðd upon the åire:ct impacts of Lr-Ie development on t.he ex5súng road system, i,î Ü-Js C2.Se :MilitU)' Road SOui.~. Such Lï~erp.e:.:.~on is CO;1s~ste::t ":":!~ So1jth'.\~ck v. uc.ev 58 \Vn, A'Dp. 886 (1990); Cobb v. Snohomish CouniV 64 \\';), ADD. 451 (]991\ ëJid Un]jmited v, Kitsa)> CountY 50 Wi'}, AD}>. 723 (j 988). ) 4. Tne ê.ppDC2Jìt' s L""2.ffic study provides tr.JJ~C c.oU;¡~ 2..1d a }enl of seryjee ê.J;2JYSJS for the ¡¡umber oÏ lanes re.quire.d for ~iilitz.)' ROëd SOU~1 foUo,,\oi,ïg èe\"eJopme"t oj L~jS proje.cl. The tr2ffic study establishes L1ê.t a Ù"J~-J2.!ie ro~d is more t.h~1 2de.qu~¡e 10 h2J1ó1e l.rcJJic i:1 e2ch èuection, pJus \'ehkJes Œmi::g !ef, 2t ~Ò pJ2l 2~SS. The é...,2Jysis es!..2bljs)-J~ () é...î LOS E for both plat 2ccesses on10 ~1jlitëry R02d SOt:'-l, HE}(HIi3I¡~ per.or;ne.d by u~e t.nffjc cr:gi;-~r ¡e\"e..:Je:d L":::t òe,e \\'e;-~ c:-.!y lp')'Í';i.&-~:es è:;r.jðF~e 3ð "'\:11: ~ tJ SJ. . .. 17 P.-\.RKLA..'\,',£ VE.~TCRESiHERIT.-\GE WOODS mE #SljB-91-0001 j RZ-n-OOOl FWHE FILE #92-4 PAGE 12 --, \ ~ '" ':: ~ . ~( ',ti evening pe.2..~ hour \\'hich do not proy;èe zdeqt:z:e rime fer i1.:mJ:;g Jj"'.ovements. L'1 th~ morning pcl hour only 9 minutes W~je unë.\'2..ÎJë.bJe for left PJiTIS. There <:.Ie ë.de.qu2!e gzps for Jeft rum movements, The eï:gineer used 7 sec.oDès ê..S 2..11 20eq,U2.!e g2.p for ÎUrning movements. These gë.pS ue c.<.us.e.d by Lie pJë.!ooning of c<.IS from ne2Joy trc.ff:c . sign2Js. The u-c..ffic engin~r reœmmended a curb, guL1er, s~(k,:,'ë.l.~, ë.J1d bike 12.J~e 2Jong Lie west frontGge, plus a ~nter ruQ p--'V...ke:t for e<:ch 1'12.t 2.ccess. P.Js opin:o:1 Wê-S Ù'.zt no curb, gUtter, sidewille 2..."!d bike p~L1 Wê..S .t.qui:ed 0:1 ï.1;e ~t.s~de, ê-S it would not se.rye this development. 5, T1-'e Pl'bHc "'I.TO-"~ D;-:-""-~o,- C:~:d ...ot C:"'"P~-.,="" :1-.", ~....~- <;-'G"~ "-"t ~-~..,.t ':.¡~s è"'-~do'" -0 .1.. -.,.. n J~ u~......1 ... ..L.;o......:;."_.,,ut:J.1.,--,... -"v- ....~¡;;.u,.. '-'-:--' H' -""""=-e ~r-.. .-l\'e. 1--.. -o-d 0... .-:"'C -_..._-~ :-~-"'\'e-"'-o,,:- 0,\."'- --,..".. O~ .1-.. Cl'ty ~'-"'-.~.u Uh.. .1 -.c...::" , C. 0' Uc..J.1. .:-<:...;::.1"", J..~J¿v ..,~,¡~ _1 ';"o"L c....~ .1 Uo~ L, the King County Trcl1S¡K)1"tzrion nt.t.ds re.ÿ:)rt, ê..jjå ù"ïe City's trcl'1Sportê.rion 2.nå improvemer.t p12.n. The TIP, .wiille ;,:ot a s'Jbsï.it'2~ fer ¡]-.~ comprehensive pl2..!î, ~s ë.åopte.d by tbe. City of Fe:de.Jë.l \V~y City Council, Ho',:..e.\:er, tbe TIP is dir=c~ towud pub)jc system-wide trc.nsport¿tion pl~ú1i.i)g ë.nd ¡¡e;::ds. It is ;:ot conce.me.å -.:.ith dÌIect pJ2.t impë.cts of pri....ë.~ de.\'eJo:?¡j1~r:t. Th~ TIP does not co!:s~dtr Li~ spe:::if:c imp.:cts of e.ê.ch development in d~~e.rmining rt:q"Jirtd i:¡;proveme¡¡ts. For exê.illple, if Lie 2.ppik.2.Ilt hê.d requested a do',:,'!) zone to rr..û-.5:::Dm l-ë.c:-e. lot sizes for ~"-¡~ p~.-pos~ of developing "rc.r,che.t:es" Gj'jd ü"¡us deve1op¡ng ilie. site in:o possibly 20 or 30 sL;gle-f2.mily re.sidem5ë.l homes, under tÌ:e TIP 2..;;d Kbg Co~¡jt)' Tü.31S?C,í.¿iio:l re.;.o;t t.';~ zpplic2.7,t ":;o~1d s:ill b~ rê4u~e.d to ii7iFO",é :Mili~-y Rozå SOl2Ù to five J~;es. T;-,e.refore, bê..Se.åupcn Lie 2.ppliC2."1t's trzfñc study 2.7:d s?:;.cific¿jJy, E~~bh A 10 Exhi:.it 7 of Ùis r~o:-d, 1\r.;i,~-y ~c-d So"'h -'O-::T .1.e P-o:--. r------e ...;~, C.,..->_o.. -c'",-".-"" .,.:...., - "--...,. 1.,.... C-oss ::... Co uU ~ ".:;.~' . Jo...~ JJU"~.:. n.Lõ.l y-....Jc...... C. '-"i~,c..1)' n...., Go u............-.c:..¡..... . s~tion WiL1 curb, gur...er) s1èe-.:.'w:: ë..lå bike. pa1 on û'ïe west side fol.1m:,'Llg de\'e1opment 01- .~:s S~o... l."'-P-O\':-cr "\"'i1=--ov Ro-d Sou'1., _0 '> '1--:-......_1--... r.:...-~:o... -10-'cr 'r-oS e..,-..""A P1-t U1i .u.... 'u, .ul~ !VJ..l..UI.<:.J..I - ~ 1..11 L c;. L:1ô......- "c..:.~ ->--- .1 Co.; ,,~L.i'~ ..L.:.J.... .~ frontë.ge. '~'ill jj'lltig~ie Ù"e diIed )jjjp~Ci.S of û-Jfjc cre<::.=d by 1.:11S deye10pr;¡e!J!. 6. Tne propo~ pæl.imim-rj pht of :He~t?g~ Wo-XS is co:1sist=::t ~Îd compztib!e v-'iLÌ1 iÌ;e. goë.Js ê..,T"Jd obje:crives oj the. City of Ftierc.1 Wë.y Compjèhe"s¡ye PJê..:î ~~d Ü:e City of Fe.deJë.l \Vë.y Zoning Code, ê-S wen ê..S o'.her zppl.ic.<.bJe codes. If Lie ë.pplic2Jjt compEes with the re:commeJ'jóe.d conditions of prel.iïninû)' p1ë.t é.p~.;o...;J, ~Îd the co"ditioj,s . co;-¡t¿jJ)e.d in L~e. J\-Et5gë.~e.d Deterïï.Í:1z!5o:1 of N"on-S:gnjfjc¿;-.~, ;:¡e ?!Opo~ will comp1)' \;'11;1 the Federe.! \Vay SubGiv1s10n Code, ê.S \;"(:11 ê.S ou~ef off1ciêJ ]ëJìd use cor.t;ols of Fe:derd 'Nay. . 7. The pJOpose.d preUminê..J.)' p1zt of Herii..?ge Wc-ods jj;ëJ.;es Zp;"opr1ë.te pJOvjsio;-¡s for the pubEc he2JL~ s¿fety, ê.J1d ge;-¡erc.1 wejfz.;e, ope;) Spë.C-es, drc...i:.ë.ge'.l,'ë.ys, Süe.eLs ê..;;d rozås, tr"c.nsit stops, potabJe. water suppl1es, s¿îit¿ry \1,'2.51e, pub ë.:.d ,ec,e..atSons, pJë.ygïounds, schoo]s ê.J1d schoo1grounds, ::1C1uèir-.g. s:¿ewë.l}:.s ë.;"d OL\..¡e. r F:~.-";)r'.eK'HtBtT~-ssure . . s.::..fe w¡:Jk)ng co;¡GitSo;-¡s for siUden'..s 10 v,'ëJk. iO ë..j¡d fro;:) 5(:-;('('1. iU\~l.::n)-:ê..J.J. - --' of Heri:..::.~e \VOC'Cs will ~r"\"e L\.~ ?t:'o~c ;;S~ ::..~j ¡;-:e;~sl :y ;:.;r~. ::"î:;]JiJ. ~ .) '. - ~ ) '" ,t I; ) P.-\RKL.~"'"E VE.'~n7RESiHERITAGE WOODS FILE #SUB-91-0001 i RL-92-0001 F"\VHE Fll..E #92-~ PAGE 13 locat5on for single-family resident52.1 deve10pment, while at L~e ~ï1e lime pro~ect5ng and preser..ing sensilive ë.re.2S ë.J1d open Sp2ceS. The proposed rez.one from RS 9.6 to RS 7.2 is cons¡ste~t \;'1:.'1 u~e suburb2J1 resident521 . ]ê.J'jd use cJÃSsifiC2lion of Ù1e City of F~erd \Vay Comprer.e;1si\"e pjë.J1, 2J1d meels ill re.quuements of Chap~r 130 of the Feeerd \Vay Zoning Code. 8. v. RECO:'\£\Œ~l)A nON It is her~by recom~ende.d iliat the request for zone re:c]::.ssifiC2tlo:1 i.om RS 9.6 to RS 7.2 ëJ'.d for prëliiïtL'1~ 'P!2.t 2.pproval of Hëri~ge \VO\.'"\Ós be approvëÓ, subje:ct to the foUowmg condit5ons: - A. 1. PRELL\lliARY PLAT APPLICATIO~ Xo. ~l~91-0001 , PUTsuaJÏt to section 20.130.30 of the Envuonme::tG.l Policy OrdL'1ê.J'1ce, ill mitigation me¿sures of Ù'.e AprÜ 8, 1992 ï::i!igate.d åeterrrili'12.to:l of nonsign.ifiCêJice ue lrlcorp0rc.tëd by reference ê..S co!":ditiOiìS of this ë.pprov2J. Failure to comply .w'lth ili~ ¡;-.itig2.tion me¿sures sf.ill coüstitute grounds for suspension. 2nd/or re\,()C¿.tlo!l of th5s 2.pp:Lovë.l. 2. ApprovëJ of this propo~ prelimL~~.ry pl2.t is s'J~5::::t 10 ::.pprovë.l of rezone ê..ppli~rion number RZ-92-00Jl. 1¡ the event ü12.t re:z.o..e 2.ppliCGuo:1 number RZ- 92-OO~ 1 is modified or dede:d, ê..IîY acrion to ê.pprov: this preliminë..l")' p1ë.t shë..11 ~.. è....---ej :-"~':d ë..;""d a_...., """"";c '""";~"'t7 r"""";-.....; ~..... ---... .....,,- . ..-.... Z'-""~ ..~.u"'" '""'i"'--~. 3. To tbe m2...xim~m exterJ fe¿sib1e, ex5stLîg në.ruJ ëJ ytget¿t5on shill be utiliz.e.d wiû1.i.¡ ill ]ë..;jås~p~ bufftr G.re.G.S ::.s required by ¡j-,e Director of Commuruty Deyelopmeiit. 1¡ ë.ddition to the ¡ê4uire:d twenty fovt ',;:ide buffer located ::JO:ïg :Milit2I)' Ro2.d South, Li-¡e 2.ppliC2Jjt will proviå~ a fifteen foot wide bufjer or ~ê.tiYe vegetG.rlon 2Joüg tbe reG! of Jots aåjoining the norui, SOUL~ ê..Jjd v,,'est boundë.rie.s of the site. All perimeter bufje.r 2I~ shill be. iòe.¡¡t1fie.d. on the plë.t Jï1ë.p ê.Jjå restricted froï;1 .e.mo\"ù of yeget¿úon excqt ë.S may be authoriz.è.d by LÌ1e Director of Community DeveJopmeiìt. 4. Prior to finù pJ::.t 2pprov::J, Jot number 59 shill be reconfigure.d to b~ 10C2te.d. enfue]y outs1de. of ë..ny requte.1 10:) foot wetJê..Jjd ~òë.ck ë..Ie.2. 5. Prior to fLïë.l p}ë.t 2ppro\'::J, ill P;O?ose.d us:=.bJe o;:~:1 sp~ce èesjgiìal~ G.S TJ2ct A shall be dedi~t.e.d to the Cii)' ::.s required by Lie ?;:;ks Direc1or. A s proposed, üìe Gppl1CG..ît will construct i.eilIlÏs Cùurt f2cilirie..5 ë.S Gppro\'e.d by the. Pë.rKs Disex:i?r. ~s pro;:,.s.ed, t.,'..¡e appliQ;jl ......, .ill erect ë....ì j;-:~ípreú~': M ~ment. .COë.;Ó;;"'O O'd \1;'1t2..r'j Ro')d' ."r -c.""""-O\'e.d by 11--... ?~-\'r D' . "" "'" . .L. . ~ CJrr. ~.~ ~~ . "'." PAGE ;1~ OF~Q._. PARKL.~'\~ VL'\TI"RES/HERlTAGE \rOODS mE ~'Sl7ß-91-0001; RZ-92-0001 F\ VHE FILE #9 2-4 PAGE 1~ 6. 7. ..~ " "' No generd site c1e.2Iing or grading shill occur 0:1 or whhin 25 feet of geoJogic.a11y h2l2Jåous are2.S ]0C2~ed on Jots 52, 53, 56,57 ë.Jìd 58. Any building construction located within these sensitive 2Jea.5 or setb~cks shill be by piling or pier type founåÈ.tion construction iü required by Lie BuiJding Offidcl, to . minimize gí2ding ~îd åistürbë.Jìce withL, the geologiøy h2l2Jåous ê.Ie.a. Upon completion, ill disrurbed ê.Ie¿s sh211 be .¿planted 2.S required by the Building Offici~.L Tnis condit3on sh2.11 be pla..'......d on the f2.c.e of the p1at prior to finë..l p]a appronJ. Lïdividuzl homeo""'ners for Jots 52, 53, 56, 57 ~;d 53 s::ill be responsible for providmg Lie City wi6 seIvkes of a q1,;=1;fied prof~ssio~21 engLïeer for purposes of revkwÍl1g ~,d iJ1spe:ctLïg pier or pilli¡g type rçslden~21 consûlJction loc¿te.d v.iù-.L, ge:o!ogkilly h2Z.ê.IòOUS ê.I~, 2.S re.qdred by the Bui!dLïg Oîfidal. TIJs condirion shill be placed on L1)e face of the plê.t prior to fm21 p]ê.t approval. 8. Tne óeve10~r shill be responsible for providing L'ïe City WiÜ1 serviœs of a qn;: lifie:d professionë..l enginær for purpo~s of rev~ev.-L¡g <:..îd inSpë:tLïg ~-lY stre::.t or utility work located v.-ithfu c:eolocicilly h?7Hdous 2..re¿s 2.S rêOuiIed by the '" '" '. Public \Vorks Officië..l. 9, Du~ to poterd21 erosion h?7,:':"d and impacts to enviïo;";ffit:1!2..l1y se:Jsitivê êIe¿.s, c1~":.lng shill be limited o¡;ly to the monÙ1s oÎ ApfJ L1;o~gh Octo~er. iO. Rete.nrionfåete.ntion facilities u~ to control runofi from me site to ofÏ-slte Cr¿îê.ge cour~s shill be 1<>:G.~ Lï a surface water ~ct to be åe..di~ted to i:1e City at the time of fll121 plat ê.pprov~ ê.S required by L'ie Public \Vorks Director, unless lOCGtro within improved City of Federd \Vë.y rights-of-way. All rete.ntionJdete.ntion facilities shill be ]2l1ås.c¿peð to p:-ovide ê. visU2l buffer from suITounding properL5es. A Jand$CG~ plêJ1 shill be s'.JDmj¡¡ed for ë.ppro\'2..l by Ûie Director of Community DeveJopment prior to issu¿,.¡œ oÏ construction permits. 11. Prior to finë.l plat ê.pprovê.l, Liose portions of Lie surf~ce w?ter fë.ciliries ne:cessê.I)' to re.i2.lnJde12in, convey, ë.nd ue.?t the f10\;'~ discha;gL:g f;om L~~ s1te shill be constructed 2J1d openrion2J. 12. A 15-foot gravd access sh2Jl b~' provided 2Jong Li~ eí1tlle Je~gÙ1 of e2ch biofùtútion sw2Je for mê.Ìnten2..i1ce as required by L-~~ Puoüc \\'orks DiIec.or. The biofJtn.tion swaJe 2J1d gravel acce..ss shill be lcx::..:.ie.d ÍJï a s'Jrfê.œ w?.er tlGct 10 ~ deóic¿ted to the City prior 10 fJì21plat approv;J. EXHIBIT ---12- PAGE :23 OF ~,o J PARKL.~'\'E V ENTD"RES/H ERlT AGE WOODS Fll..E #SUB-91-0001; RZ-92-0001 F\VHE FILE #92-4 PAGE 15 13. ,) 14. ~ ) In som~ cases, on-sit~ surface water infùt..r2tlon syste;ï'\s may b~ suit2bJ~ for us~ on' inåivid\l2l10ls depe.ndL1g on roil conditlons. This type system shill be. used ' .where. suit2bJe. To de.termin~ tÌi~ suitability of the. soil for infútlë.t.ÏO41 systems, a . soils report thë.t includes percolation tests ê..I1d 2. soil Jog taken at 6-foot winimum depili shill be. submird by a profess~o¡¡4Ù ei:gl.:1e:e.r, or soil spedilist. Tnis shall inc1ude, at a minimum, infonTIanon on soil texture, depth to Se.2.S0n4Ù high water 2.nd th~ occum~nce. of morJing 2Jid impç¡yjoüs layers. The. report shill ë.1so address potenri::1 do.v.':1 g¡¿dier.t imp~cts Ò;e to l,"1CZ'e2S:.d hydrauüc loading on slop'~s ~jd structures. IÏ the soils repo.rt 1S ê.ppiOYëd, the. infijtrë.t5o:1 systems shill be. l,ïStilled prior to oxüp2.ncy of. ihe residence. A note to û-Js effect shill be. placed on Lie. face of i:1e. fin::1 plë..t !T.;q. The. dr-cil1ë.ge pJê.;î ë.;ïd the. finël p1i:.t ffi2.p shill Lïdi~~ 6.ch lot 2.pprove.d for bfùt¡¿tion. . . Existing on-site surface water ;-o;¡és shill be. ret:;:=-,=Ó 2..S pa.l"t of the. S~On:1 drcln2.ge sys~m and shill be. uti~ ê.S a o;¡e-œil we~.:må for tr~tr¡¡e.nt of nmoff prior to entering tÌJe de.tenrio>1 f~cili¡jes or biorut!?rlo:i s',;.21e. Dischug~ Lito ú:e. 'DODd shall be. oriented to m2Xim~ Lie retention ê...:ìd ~~eme,,¡t rimes of Ü'¡ë~ '~'2.~er ~ . Lî. ù1e pond. The. pond shill be Joc.ë.!e.d Lî. a suu-a~ ";'2.ttrd:rc..Í!i~ge. t!?ct to be dedi~ted to t.r¡e. City prier to ñ..ì2.1 1'1at 2.p1'ro\"al, 2..S reqd:e.d by ù';e Public \Vorks Di1"e:ctor. 15. A geotechru~ re.poIt shill be. prepa.red by a E~ns=ó ge:.oto:h.nk<û engLï~r to 2.ddress recommended designs for propose.åroadways. Tne report shill detill $9il and grounåw2.ter conditions. Re=:::.omme;¡èë.rio;¡s to e¡¡sure integrity of future. road-.;'ays shill b~ subject to revkw and approval by :J-e. Public \Vorks Director. 16. A tempord)' paved turn-ë.round .,:;m be constnJcte:d ~t the ..;'esftrjy end of 25th Place Souih.L, accorå2.nce with Se=:;¡)on 2.07 of L1e Ki-:g County Road St2.J¡Óë.rós. Sióewë..lks shill be. constructed to ex~nd û1rough t1-¡e. iZm?Orcl)' rurn-uounó ~e.2. Tempor~J' e.2.Semen~ shill be. p¡-ovióe.d a..1d s;.ë.ll b~ p~aced 0:1 the. f2ce of Vie. fm21 plat 2.S requiIed by the Pub15c \Vorks Diro:,or. . 17. A 10 foot utility easement shill be provided aJong t!:~ fro..t of ill Jots ê...:jd tJëcts located 2djaœnt to proposed s1r~t rig~:..s-Of.',I.'ëòY 2.S :e.:,ui;e.d by i.J'1e Publ3c \Vorks Direc,or. 18. The 2ppUünt will be required to co:¡struct Miliw-y ~('.::d So~\t,p.,\~.\\":dL1 2Jong Lr¡e entire plat fronlage, wiÒ curb, guner, s:óe'.:.~k ::"Î~&rütllJl"'3 ,\.,.. ~ west fro;¡12.ge O:11y. PAGE 9 l.¡ OF ~ PARKL~",,~ VE..YI1-"RES/HERITAGE \\"OODS FllE #SUB-91-0001 j Rz...92-0001 FWHE FILE #92-4 PAGE 16 2. " B. 1. REZOl\""E APPLICA nON ;\0. RZ-92-0001 Pursuant to SecriOI1 20.130.30 of L~e Environr;;e¡¡!L.l Policy Ordinance, ill mitig2t!O:1 measures of ilie April 8, 1992 m5tig<:ted determinarion of nonsignifiC2Jîce ::.re incorponi.e.d by reference 2..S co:¡diûons of this appro\'2.1. . F2i1ure 10 comply wÜh the mitigation me¿sures s::ill consùiìJte grounds for suspensio:1 and/or re\'cx:¿~on of lJús approv2.1. Approvë.l of tills propore.d rezone is subject to approval of preliminary pJat appliCê.t1on number SUB-91-OOOl. In the event Liat p¡e1i;ni;121)' 1']at 2ppHca¡jo:1 num~er SUB-91-0CXH is de::5ëd. ~îY ac:1o:1 :0 a??:o\'~ L~~S ;ezc;;e still be deemed lrlvilid a.îd a Dew p'Jblk he.a.-=.LJg re.quire.q. 3. The. Resolu¡jon of In~ent to ReZO:H~ shill provide -1.:":2.1 the one-)'e.u ï..ime lirillt of F\VZC Section 155.100 is ex~nde:d to coinCide with t.:ie dünric:1 of preli;p'n21)' pl2.t apprcvå spe:cifie:d undtr F\VZC St.Ct10;1 16.120, 2.l1o.,:.:i,;g a ¡}¡¡-~-ye¿r time limit. DA1.i:.D THIS 16TH DAY OF Tl¡"'NE. ~ STE?1-.....::.N K. CAUSSEA1JX, EezT..j':g . a.i7:lD tr VI. RIGHTS TO RECONSIDER!. TIO~ .~,~ CHALLE~GE A.îY person who hê.S 2. right to chillenge a re::.omm~n&rion under th~ Federd 'Nay ZOi'Üng Code may request 1.:1e He.!Tl1ig EXõ..ii1ÌJîer to ¡e::.o¡js~der êSIy upect of rus or her ::tCommendë.to;1 by delivering a written request for reconsiåeü.rion to L1¡~ PJ::..-mÏJ1g D~p::"rtr;;ent withb seven (7) C<Jendu åays 2.l~er Lie date of 1SSUaJ1c.e of Ùie H~"i¡'}g Examiner's re-:.ommendë.tJon. The penon re.que.sti11g the reconsiderc.¡jon shail s~ify ii1 the request what ESf.-=-:t of Die re:comme.nåê.LÎo:1 he or she wishes to have reconsidere.å ::.rîd ¡he rêG.Soa for Úie re.que.st. The ó1stnbu~on of ûie request 2nd LÌ1e response to the request shill b~ governed purs~;t 10 Ùìe P:OV)S}o:Js of L1;e Federal \Vay Zoning Code. WithLì ~n (10) \;'orking days ~'f.:.Zr rec.e1\"i;1g a request fer reconsideIGtlon, the He<.ring Exê.Jniner shill norify Ù1e persons \;"ho h~\"e a right to zppe.a.l under the F~e.ë.l\Vay Zoning Code, w}¡eÙ1er or not ù1e. recommendë.¡jo:1 ',¡¡ill be. reconsidered, The Hezring Ex::.mi,îer më.y rec.ons~der the 'íe::offimenè2t5on only if he or she conc]udes thê.t L1ere is subs12r'.ti21 merit Lì ù1e. request. Tne pro:.ess of the. roconsjdeRtion y,'jJ} be. folJo-.\'e.d Lì zccord¿nc.e with the Fe:deral \Vay ZonLïg Code. The rec.or;¡mend.atjo:1 of ù1e He¿J1ng Ex;:,miner më.y be. ch2.l1enged by ê.,.'1y person who is io re=:.e;\"e a copy of that :e:.:ommenòë.üo:l purs'Jê.,nt iO F\VZC 155,60,6", Thë.t cbJ1enge, in the foTTil oi a 1eï.er of chalJe;;,;::, must E){I1IB1'i~ PJ2..;ìJlÎng Dep:m.;neT'.t \\":L~!1 fo~r'~:1 (1~) ~~:-.è~ bys afler ~.~ ;SSl;~¡'PÅG~e ~~j)F ~ ,) ~ ,) ) PARKL~"~ V£..~TURESIHERITAGE WOODS FILE #SUB-91-0001; RZ-92-0001 . F\VHE FILE #92-4 PAGE 17 Ex2.Ininer's recommendation or, if a request for reronsidenrion is fi1ed, then wit1ûn fourteen (14) eëJe.nd2.r days of eimer me decision of me Hearing Ex2.ffiÎncr denying me request for reconsidenrion or t\-¡e recons~dered recommend2rion. The letter of ch¿Jlenge must contain a c1e.2I reference to me matter being chal]enged and a statement of Úle s~ific factual findings 2.nd . conclusions of the He.2ring Ex2I1ÜJ1er disputed by the person f11ii1g the ch21Jenge. The perso:1 fliL'1g me ch2.Uenge shill indude, with the letter of ::.ppe<ù, ilie fæ est¡blished by die City. The appeal will not be accepted unless it is ê.ccompa.nicd by me required f~. The recommend2.rion of t\-¡e He.2IÌng Ex2.mL.,er m::.y be chille.nged whe.mer or not there WQ a request to reconsider me He2.ring Exammer's rec.omme,i1&rion. EXHIBIT 0 PAGE ~(, OF 30 Exhibit C BEFORE THE HEARING EXAMDt£R OF THE CITY OF FEDERAL \VA Y In Re the Application of ParkIane Ventures, Inc. ) ) ) ) ) ) ) ) FILE #SUB 91-0001; RZ-92-0001 FWHE #9 2 -4 For Rezone and Preliminary Plat Appro\'al of that tract of land known as Heritage \Voods DECISION ON RECONSIDERATION On July 8, 1992 the Examiner ordered a second hearing to address issues raised by the City of Federal Way in its request for reconsideration (FWZC 155.65)(6). The Examiner requested that the applicant and the City address four specific issues which were ~t forth in the order on request for reconsideration. Based upon the testimony received at the public he3ring and additional exhibits made part of the record herein, decisions on each of the four issues are hereby made as follows: 1. - What is the role of the Federd Way Hearing Exë.rniner in reviev.i.ng a zone reclassification and preliminary plat request? . ~ Zone reclassiñC2.tion requests and prelimin2.ry plat applications are both Process ill"actions under the City of Federal \Vay codes (F\VZC 16.90.10 and 130.30). Federd '\Vay" Zoning Code Section 155.35 requires that the Examiner hold a public hearing on each Process ill application. Section 155.35(3) proviàes as follows: "Effect - The hemng of the HeG..I~ng Exê.J-niJ)er is the hernng for City Council on the application. City Council n~ not hold another he2Iing on the application. .. .The Heê.rlng Examiner is therefore sitting on behalf of and in the place of the City Council to review e.'ach requirement "of each City agency. . 2. \\'11 at review authority, if any, does the Hearing Examiner have over requirements imposed by the Public \\Torks Director? As previously stated, the Hearing Examiner is sitting in the place of the City of Feder.J \Vay City Council, and has the S2.JT1e authority as the Council to review requirements imposed by the Public \Vorks Director. The Examiner's review, however, is in the nature of a recommendation to the City Council, which is free. to accept or reject the said recommendation. In addition, FWZC 16.100.20 specifically requires the Examiner to review pælimin2.I)' plats for compliance with the subdivision ordinance "and any other applicable ordinances or regulations of the City and RC\V 58,17 . . . ." Furthermore, the City Council has set forth decisional criteria which the Examiner must apply in rendering a recommendation. (F\VZC 155.75(4)) Section 155,75(4)(B) requires that the Examiner recommend approval only if the project is consistent "with all applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan." Therefore, the Examiner, sitting in p]ace of the ~~~~n~~ D1\ f\..C ~-? nc ~ ) \, ) PRELTh1JNARY PLAT OF HERITAGE WOODS DECISION ON RECOXSIDERA nON F\VHE #92-4 PAGE 2 determine whetÌler the Public Works Director is properly interpreting the Cityof Federal Way Zoning Code, Subdivision Ordinance, and 2.11y other applicable ordinances or regulations of the City. 3. May the Public \\'orks Director impose requirements for road improvements (or other improvements) which are in excess of direct plat impacts? Does the Examiner'have tÌle autÌlority to review the Director's determination as to required improvements to mitigate direct plat impacts? There are generally two types of regulatory codes. One type of code, such as the Uniform Building. Code, establishes specific st2.ndards for construction. OÙ1er examples of specific -st2.ndards include, but are not limited to, landscape requirements, sidewalk construction standards to include minimum widtÌls and heights above right-9f-way, stand2.rås for utility construction to incluåe a requirement of underground utilitie~, street lighting, and road construction stanåards such as construction materials, trench backfill and restoration, and survey monuments. Tne Public \\70rks Director may require road construction within the City to adhere to Ù1e specific standarås regarding the type of pavement, drainage standards, the depth and nature of road beds, t)~ of traffic control device, and pavement markings. Departures from Ù1ese s~ific standards should be requested through a variance proceåure. The second type of regulatory code grc.nts the Public \Vodes Director auÙ1ority to m2.ke decisions regarding mitigation of development impacts. Examples of development impact decisions would be as in tÌlis C2.Se, whether a minor arterial should be tÌlree lanes, four lanes, or five lanes. Other development impact decisions include, but c:.re not limited to, determinll:lg whether an applicant's project generates the need for a traffic signal, channelization, or other improvements necessary to mitigate traffic circulation and safety. These determinations are subject to review by the City Council, and thus by the He.2.ri.ng Examiner at a preliminary plat he.G.ring. The requirement for road improvements is a specific plat impact decision which is subject to review at a public h~ng. In requiring road improvements, the Public Works Director is guided by Title 22 and the Federal \Vay Comprehensive Plan, which do not allow imposing, requirements in excess of direct plat impacts. Therefore, the Public \\1or13 Director should not impose requirements for road improvements which are in excess of diæ.ct plat impacts. The City Council, and therefore the H~ng Examiner, have authority to revkw the Director's' determinaúon as to whether required improvements exceed direct plat impacts. 4. Is a five-l2.ne roadway secúon 2.Jong the frontage W2JTanted? \\1nat criteria are used in detennining whether or not a five-lane roadway secùon is W2.IT2.11ted? Do the direct traffic impacts of this proposal require the five-lane roadway secúon, as opposed to a thre.e- or four-lane roadway secùon: ) EXHIBIT '1) "A f'-r: t"' c Ì\r! ~ ~ \ ) PRELIMlliARY PLAT OF HERITAGE WOODS DECISION ON RECO~SIDERA TION F\VHE #92-4 PAGE 3 Following exhaustive presentations by both the City and the applicant's traffic engineer, the Examiner is convinced that a five-Jane roadway section along the front2.ge is not W2.ITa11ted. The reasons for this detennination are as follows: 1. 2. '\ \ , According to the City, the average speJ"~ of 85 % of the vehicles travelling on :Military Road is 46 mnes per hour, 6 miles above the posted sp"'...e.d lirrut. It would not seem that the capacity of Military Road is a significant problem if a l2.Ige percentage of the träffic is exceeding the posted speed limit. In detennining that a five-lane road section is required, th~ City has relied upon traffic studies from the City of Bellevue, the State of Florida, ?l1d the City of Feder2l Way Transportation Improvement Progr.:.rn for 1993-2003. .The applicant has based its assertion that a three-lane sxtion is satisfactory upon an. exhaustive specific study of Mili~ Road including trJfic gaps; historical traffic incrf2Ses over the past five to seven Ye2IS; 2.IIival and departure counts at the peak hours; the spread or the evening pea-ic hour; and estimated trip àistributions. The City's requirement Wê.S based upon generd studies as opposed to the applicant's exhaustive, s~ific stuày of 1-filitary Road. 3. South of 272nd Street, Mili~-y Road is strip~ for two uJiic lanes with 6-foot gravel or asphalt shoulàers, open-àitch àïc..inage, and 40 mile-per-hour posted sp~.d limit. TI7.ffic signa1s are presently located at the Lr¡tersections with South 272nd Street, South 288th Street, South 304th Street, and South 320th Street. All other intersections are controlled by stop signs. At the intersection of South 272nd Street, VJ..Ílitary Road is widened for three. lanes northbound and two lanes southbound. At South 288th Street, :Military Road is widened to allow for thr~ lanes norLhbound and southbound. At South 3O4th Street no turning lanes are proviåed on Military Road. At South 320ih Street, Military Road is v.'Ïåened to allow for three lanes norLhbound and southbound. It àoes not appe¿r reasonable to require the v.iåening of Military Roaå to a five-lane road section between major intersections for a short àistance. The road would change from two lanes to five lanes back to two lanes, and then eventuë.1ly to thræ lanes at a major intersection. Such could cre<.te S2.fety ha.z.ards by encouraging drivers to attempt passing in a shoTt distance. 4, Substantial portions of both sides of Milil2.r)' Road are a1ready developed and it is unlikely that other fi\'e-Þ.ne road s~tions could be required in the future. EXHIBIT () PAGJ; ;;:¿ç; 01= 3ð ) PRELTh1INARY PLAT OF HERITAGE WOODS DECISION ON RECO~SIDERA TION F\\lIE #92-4 PAGE 4 5. Th~ Federal \\fay Transportation Improvement Program for 1993-200:;-sets forth 34 major capital street improvements, commencing with 1992 and ending with 2002. The widening of Military Road from Interst2.te-5 (south) to Interst2.t.e-5 (north) is listed as Project Number 28, and is scheduled to commence in 2001 with most construction perfonned in 2002. No v/idening projects are scheduled for Milit2.ry Road for ten y~s. It is simply not reasonable to bas~ the requirement for a five-Jane road section on a currently unfunded project, which may or m~y not occur ten years from now. ) There are no specific requirements for curbs, gutters, sidewalks, and bike paths on both sides of streets that have been, or will be, constructed or improved within the City. Chart 110-1 requires sidewalks, but does not spe.cify that they should be on both sides of the road. However, th~ two accesses on to Milit2.ry Road, coupled with the incr~ed trdfic, will adversely impact bicyclists and p~estrians on tþe eQt side of Military Road; therefore, curbs, gutters, sidewalks, and bike paths~hoû:)'d be reQuired on both sides of . -. S2id road. . DECISTO~ The Request for Reconsideütion in this matter is hereby GR..~"""'TED :IN PART and DL'lED IN PART. DA¥?p ë:~1992' STEPHEN K. CAUSSEAUX, Hearing xaminer RIGHTS TO RECONSIDER..\ nON ASD CHALLENGE ) The recommendaùon of the He2.ring Examiner may be challenged by any person who is to receive a copy of that recommendation pursuant to FWZC 155,60.6. That ch<ùlenge, in the form of a letter of challenge, must be delivered to the Planning Depmment within fourte:en (14) C2.1endar days after the issuance of the He.Gring Ex2.miner's recommendation or, if a request for reconsidef'2tÏon is filed, then within fourteen (14) C2.1endar days of either the decision of the Hearing Examiner denying the request for re.considefGtÏon or the reconsidered recommendatJon. The letter of ch2..1Jenge must cont.ajn a cJe2I reference to the matter being ch2..1lenged and a statement of the specific factual findings 2I1d conclusions of the He.2Jing Examiner disputed by the person filing the challenge, The person fi1ing the challenge shall incJude, with the Jetter of appe2J, the fee established by the City. The app~ wi11 not be accepted unless it is accompanied by the required fee. The recommendation of the He2Jing Examiner may be ch2..1Jenged whether or not there was a request to reconsider the He2Jing Examiner's recommendaEXHIBIT PAGE 0 "3 ú OF....k. RESOLUTION NO. A RESOLUTION OF THE CITY COUNOL OF THE OTY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF HERITAGE WOODS, DIVISION I, FEDERAL WAY FILES SUB91-0001 AND SUB92-0005 WHEREAS, the preliminary plat for Heritage Woods, Division I, City of Federal Way File Nos, SUB91- 0001 and SUB92-0005 was approved subject to conditions on October 20,1992, by Federal Way Resolution No. 92-122; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 92-122 and in the June 16, 1992, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, subsequent to obtaining preliminary plat approval, the applicant has separated the plat of Heritage Woods into Division I and Division TI; and WHEREAS, the applicant submitted the application for final plat for Heritage Woods Division I within the required time of receiving approval for the above-referenced final plat; and WHEREAS, City of Federal Way Community Development Services staff, has reviewed the proposed final plat for its conformance to the conditions of the preliminary plat; and WHEREAS, the Land Use and Transportation Council Committee considered the application for final plat for Heritage Woods Division I at its February 10, 1997, meeting and recommended approval by the full City Council; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Findings of Fact. The Federal Way City Council makes the following Findings of Fact: I. The fmal plat for Heritage Woods Division I, City of Federal Way File Nos. SUB91-0001 and SUB92-0005, 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 of submittal of the substantially complete application. 2. All conditions as listed in Federal Way Resolution No. 92-122, and the conditions in the June 16,1992, Recommendation of the City of Federal Way Hearing Examiner for Division I, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code section 20-133. 3. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted, or will be accepted, prior to recording Division I by the City of Federal Way as fmancial guaranty for maintenance of all required plat improvements. 4. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. RES. # , Page # I EXHIBIT E PAGE-LOF ;1 Section 2. Approval, Based upon the above Findings of Fact, the final plat of Heritage Woods Division I, City of Federal Way File Nos. SUB91-0001 and SUB92-0005, is approved, subject to satisfaction of the maintenance conditions that are required by the city, 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, All recording fees shall be paid by the applicant. Section 4. Severabiliw. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution, Section 5 Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date, This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASlllNGTON, TIllS DAY OF .1997, CITY OF FEDERAL WAY Mahlon "Skip" Priest, Mayor ATIEST N. Christine Green, CMC, City Clerk APPROVED AS TO FORM Londi K Lindell, City Attorney FILED WITH THE CITY CLERK APP~VEDBYTHECITYCOUNCIL RESOLUTION No, RES. # ,Page#2 EXHIBIT ---L- PAGE :¡ OF d HWOODS.RES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REZONING A PORTION OF AN APPROXIMATE 29.5 ACRE SITE GENERALLY LOCATED BETWEEN SOUTH 282nd AND SOUTH 284th STREETS, WEST OF MILITARY ROAD, WITHIN THE cm OF FEDERAL WAY, FROM SINGLE- FAMILY RESIDENTIAL (RS 9.6) TO SINGLE-FAMILY RESIDENTIAL (RS 7.2), (REZ92-0003). WHEREAS, the applicant, ParkLane Ventures has a possessory ownership interest in a 41.9 acre parcel of property located on the west side of Military Road immediately south of its intersection with South Star Lake Road and Interstate 5 overpass; and WHEREAS, the western 12.4 acres of the site are presently zoned RS 7.2, while the eastern 29.5 acres are presently zoned RS 9.6; and WHEREAS, the applicant is requesting a zoning change (application No. REZ92- 0003) for the eastern 29.5 acres to RS 7.2, and is additionally requesting to subdivide the entire site into 111 single-family residential lots (commonly known as Heritage Woods), pursuant to Federal Way Preliminary Plat Application Nos. SUB91-0001 and SUB92- 0005; and WHEREAS, the preliminary plat has been split into two divisions; and WHEREAS, Heritage Wood Division I comprises approximately 28 acres of which approximately 5.2 acres is zoned RS 7.2 and the remaining 22.8 acres is zoned RS 9.6; and WHEREAS, the property to be rezoned in Division I is legally described as contained in Exhibit A attached hereto; and ORDINANCE NO. -' PAGE # 1 EXHIBIT r PAGE I OF (0 WHEREAS, the applicant in 1992 applied for a project rezone, wherein the City evaluated the applicant's specific development proposal for the subject property as part of the decision on the rezone; and WHEREAS, pursuant to Federal Way Zoning Code 22-296, a project related rezone is processed according to Process III described in 22-476 of the Federal Way Zoning Code; and WHEREAS, after all proper notice requirements, a public hearing was held on the project specific rezone and Preliminary Plat Application on June 1, 1992; and WHEREAS, the City of Federal Way Hearing Examiner, having heard public testimony and reviewed all written comments and evidence presented, issued a Recommendation on Rezone and Preliminary Plat Application on June 16, 1992; and WHEREAS, the Hearing Examiner recommended that the request for rezone ~ classification ITom RS 9.6 to RS 7.2 (application No. REZ92-0003) and the preliminary plat approval for Heritage Woods, Federal Way Preliminary Plat Application Nos. SUB91-000 1 and SUB92-0005 be approved subject to the conditions contained in the Recommendation on Rezone and Preliminary Plat Application; and WHEREAS, Heritage Woods Division I has been constructed and financially guaranteed in compliance with the preliminary plat approval, and Chapter 20 of the Federal Way City Code; and WHEREAS, the City Council on October 20, 1992 preliminarily approved the project related rezone pursuant to the Intent to Rezone in Federal Way City Council Resolution 92-122; NOW, THEREFORE, ORDINANCE NO. -' PAGE # 2 EXHIBIT r: PAGE ?- OF ~ THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Criteria to Rezone. The City Council makes the following Findings of Fact pursuant to Federal Way City Code 22-302: 1. The project related rezone is in the best interests of the residents ofthe City. In addition to developing the site in accordance with all City codes and regulations, the applicant is providing almost twice the open space required by applicable codes, and is constructing a public park area on 4.1 acres and dedicating the improvement along with the acreage to the City. Furthermore, the applicant is buffering existing adjoining developments, protecting and ~ í; restoring sensitive areas, and providing walkways to ensure safe access to schools. 2. The proposed rezone is appropriate because the rezone will correct a zone classification or zone boundary that was inappropriate when established. The site is located within the suburban residential land use classification of the applicable comprehensive plan. Both RS 7.2 and RS 9.6 single-family zones are allowable within this classification. The properties adjoining the south and west of the site are currently zoned RS 7.2. The site itself is split-zoned, with approximately 30% being zoned RS 7.2. The RS 9.2 properties are generally located east of Old Military Road, with the smaller lot sizes on the west side of ORDINANCE NO. -' PAGE # 3 EXHIBIT f PAGE ~ OF ~ Old Military Road. The zone reclassification would allow comparable density and development standards throughout the entire site. 3. The project related rezone is consistent with the Federal Way Zoning Code in all respects. 4. The site plan of the proposed prQject is designed to minimize all adverse impacts on developed properties in the immediate vicinity of the subject property. 5. The site plan is designed to minimize impacts upon public services and utilities. ~ Section 2. Findings of Fact. The City Council of the City of Federal Way adopts the Findings of Fact contained in the Hearing Examiner's June 16, 1992 Recommendation on Rezone and Preliminary Plat Application, attached hereto as Exhibit B and incorporated herein by this reference. The applicant has constructed and financially guaranteed Heritage Woods Division I in conformance with the Intent to Rezone in Resolution 92-122, and the preliminary plat approval. Section 3, Rezone. The property legally described in Exhibit A attached hereto, located generally between South 282nd and 284th streets, west of Military ,PAGE#4 EXHIBIT r PAGE 4 OF-1.- ORDINANCE NO. Road, within the City of Federal Way is rezoned trom Single-Family Residential (RS 9,6) to Single-Family Residential (RS 7,2). Approval oftrus rezone shall be subject to those Conditions 1 through 18, as contained in the Federal Way Hearing Examiner's Recommendation on Rezone and Preliminary Plat Application, dated June 16, 1992 and adopted by reference herein and further subject to the conditions contained in the Decision of the Hearing Examiner on Reconsideration dated October 2, 1992, attached hereto as Exhibit C and incorporated herein by this reference. Section 4. Severability. Ifany section, sentence, clause or phrase of this ordinance 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 ordinance. Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary consisting of the title hereto. PASSED by the City Council of the City of Federal Way this day of ,1997. ORDINANCE NO. -' PAGE # 5 EXHIBIT r DA"-C c; n~ I CITY OF FEDERAL WAY MAYOR, MAHLON S. PRIEST ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSES BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ~¡ ORDINANCE NO. -' PAGE # 6 EXHIBIT F PAGE " OF it:> ED ERAL ~:». ~ 33530 1ST WAY SOUTH (206) 6ó1-4OOJ FEDERAL WAY. WA 98003-6210 Date: February 4, 1997 To: Land Use and Transportation Committee Greg Moore, Director ~ Department of Commun~~v~~P1\1ent Services From: Subject: School Impact Fees Request of Land Use and Transportation Committee: Recommendation to full City Council regarding approval of fee schedule as identified in the School District Capital Facilities Plan (Page III-IS and as identified at the end of this cover memo). Background: Ordinance ~ On November 21, 1995, the City Council adopted Ordinance 95-249 (see Exhibit A), authorizing the collection of school impact fees on residential development. This ordinance was adopted under the authority of Chapter 82.02 Revised Code of Washington (RCW). Section 14-217 of the ordinances authorizes the City Manager to enter an interlocal agreement with the school district to implement the ordinance. Responsibilities of the school district and city are noted be.low in Sections 14-218 and 14-219. Sec. 14-218. Submission of District Capital Facilities Plan and Data. On an annual basis, the District shall submit the following materials to the City: A. The annual update of the District's Capital Facilities Plan, including an updated fee calculation and a revised fee schedule. B. An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. (See Exhibit E). Sec. 14-219. Review. The fee schedule in the District's Capital Facilities Plan shall be reviewed and updated by the Council on an annual basis after the Council receives the District's Capital Facilities Plan and report required under Sec. 14-218. Thereview may occur in conjunction with the annual update of the capital facilities plan element of the City's comprehensive plan. Interlocal: Page 2 In May 1996, the City Council authorized and the City Manager executed an Intedocal Agreement for the Collection, Distribution and Expenditure of School Impact Fees (see Exhibit B). Responsibilities of the school district and city under the Interlocal include 11 A-E and 1lI A-D as noted below. -, ~~ B. II. RESPONSIBILITIES OF THE DISTRICT: The District, by and through its employees, agents, and representatives, agrees to: A. Annually submit to the City a six-year capital facilities plan or an update of a previously adopted plan, which meets the requirements of the Act and Ordinance No. 95-249 on or before April 1st of each year. B. Authorize King County, as Treasurer for the District, to establish a School Impact Fee Account into which school impact fees may be deposited. c. Expend impact fee revenues provided to the District under this Agreement, and all interest proceeds on such revenues, for expenditures authorized by Sec. 14-216 of the Federal Way City Code ("FWCC"). D. Prepare an annual report in accordance with the requirements of RCW 82.02.070 and FWCC Sec. 14-218 showing the system improvements that were financed in whole or in part by impact fees and the amount of funds expended. The annual report shall be. sent to the City on or before April I st of each year for the preceding calendar year. E. Refund impact fees and interest earned on impact fees when a refund is required under applicable law, including but not limited to (1) when the proposed development activity does not proceed and no impact to the District has resulted; (2) when the impact fees or interest earned on impact fees are not expended or encumbered within the time limits established by law; or (3) when the school impact fee program is terminated. III. RESPONSIBILITIES OF THE CITY: The City, by and through its employees, agents, and representatives, agrees to: A. Timely review the District's updated Capital Facilities Plan and the District's revised impact fee schedule. Deposit promptly all impact fees collected on behalf of the District in the School Impact Fee Account in the office of the King County Treasurer, and advise the District concerning the dates that the impact fees were received and the names of the applicants. Page 3 c After receipt of the District's annual report required by Section Ii.D. above, prepare an annual report based solely upon the District's annual report, as required by RCW 82.02.070( 1). D. Detennine whether applicants are excluded from the application of the impact fee pursuant to FWCC Sec. 14-214, as may be amended from time to time. Capital Facilities Plan: Attached as Exhibit C is the 1995-96 Capital Facilities Plan of the school district. Impact Fees: Existing and proposed impact fees are noted below. Attached as Exhibit D is sample impact fees from around King County as provided from the school district. Single Family Multi-Family 1996 (existing) 1997 (proposed) $1,707 $2.594 $1,423 $ 1.462 Difference $ 887 $ 39 In 1996 the City of Federal Way has potential collections of$187,770 for single-family impact fees and $19,922 for multi-family impact fees. Representatives from the school district will be available to identify changes in the revised capital facilities plan and the need for revisions to the fee schedule and to answer questions from the committee. List of Exhibits: A. Ordinance 95-249, School Impact Fees B, Interlocal Agreement on School Impact Fees C. April 1996 revised School District Capital Facilities Plan D. Sample School Impact Fees E. School Impact Fee Account G M:del\l:\memos\landuse /' I . ( ( THE CITY OF FEDERAL WAY, WASHINGTON ORDINANCE NO. 95-249 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY ADDING A NEW ARTICLE VI TO CHAPTER 14 OF THE FEDERAL WAY CITY CODE AUTHORIZING THE COLLECTION OF SCHOOL IMPACT FEES; PROVIDING FINDINGS AND DEFINITIONS; PROVIDING FOR IMPACT FEE PROGRAM ELEMENTS AND FEE CALCULATIONS; PROVIDING FOR FEE ASSESSMENTS; PROVIDING FOR EXEMPTIONS, CREDITS, APPEALS, AND INDEPENDENT CALCULATIONS; PROVIDING FOR -,THE IMPACT FEE ACCOUNT, USES OF FUNDS, AND REFUNDS; A UTH 0 RIZIN G AN INTERLOCAL AGREEMENT WITH THE FEDERAL WAY SCHOOL DISTRICT NO, 210; PROVIDING FOR THE SUBMISSION OF THE DISTRICT'S CAPITAL FACILITIES PLAN; PROVIDING FOR AN ANNUAL REVIEW OF THE FEE SCHEDULE; AND PROVIDING FOR CERTAIN OTHER MA TIERS IN CONNECTION THEREWITH. Approved: Novent>er 21 ,1995. EXHIBIT-A. .PAGE OF ~O - . nRIr,INÄI ( ( TABLE OF CONTENTS Page Section 1, New Article . . , . . . . , , , . , , , , , . . , , , . , , , , . , . . , . , . " 3 Sec,14-209 Findings and Authority ,.,.",..".",.,.,..,..,..,3 Sec,14-21O Definitions .............."...,.,........,.... 3 Sec. 14-211 Impact Fee Program Elements. . . , . . . . . . . . . . . . . . . . . . .. 7 Sec,14-212 Fee Calculations ......,...."...,.,.,...........7 Sec. 14-213 Assessment of Impact Fees ......................... 8 Sec. 14-214 Exemptions and Credits. . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Sec. 14-215 Appeals and Independent Calculations. . . . . . . . . . . . . . . . . . . 11 Sec. 14-216 The Impact Fee Account, Uses of Impact Fees, and Refunds. . . . . 12 Sec. 14-217 Interlocal Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 :~~ Sec. 14-218 Submission of District Capital Facilities Plan and Data. . . . . . . . . 16 Sec.14-219 Review ..................,...,..",.......,.16 Section 2. Table of Contents and Captions. . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 3. Severability .....................................17 Section 4. Ratification .....................................17 Section 5. EffectiveDate........................,..,........17 -(- EXHIBIT '- A . PAGE ;2 OF;<O . -, - . ( ( ORDINANCE NO. ~J.fg AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY ADDING A NEW ARTICLE VI TO CHAPTER 14 OF THE FEDERAL WAY CITY CODE AUTHORIZING THE COLLECTION OF SCHOOL IMPACT FEES; PROVIDING FINDINGS AND DEFINITIONS; PROVIDING FOR IMPACT FEE PROGRAM ELEMENTS AND FEE CALCULATIONS; PROVIDING FOR FEE ASSESSMENTS; PROVIDING FOR EXEMPTIONS, CREDITS, APPEALS, AND INDEPENDENT CALCULATIONS; PROVIDING FOR THE IMPACT FEE ACCOUNT, USES OF FUNDS, AND REFUNDS; AUTHORIZING AN INTERWCAL AGREEMENT WITH THE FEDERAL WAY SCHOOL DISTRICT NO. 210; PROVIDING FOR THE SUBMISSION OF THE DISTRICT'S CAPITAL FACILITIES PLAN; PROVIDING FOR AN ANNUAL REVIEW OF THE FEE SCHEDULE; AND PROVIDING FOR CERTAIN OTHER MATfERS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Federal Way (the "Council") fmds that development activity in the City of Federal Way will create additional demand and need for school facilities; and WHEREAS, the City of Federal Way (the "City") is authorized by Chapter 82.02 RCW to condition new growth and development within the City of Federal Way upon the payment of a proportionate share of the cost of new school facilities to serve such new growth and development through the assessment of impact fees; and WHEREAS, the Federal Way School District No. 210, King County, Washington, (the "District") is duly authorized to provide public eduçation for the residents of the City of Federal Way; and ORD #~, PAGE 1 'EXHIBIT-A . .PAGE 3 OF Jq .. ( c WHEREAS, the City of Federal Way is authorized by Chapter 82,02 RCW to impose impact fees on behalf of and for the benefit of the District; and WHEREAS, impact fees may be collected and spent for public facilities that are included within the capital facilities plan element of the City's comprehensive plan and the amendments thereto; and WHEREAS, the District's Capital Facilities Plan has been adopted or will be adopted as part of the City's comprehensive plan by the Council prior to the effective date of this Ordinance; and WHEREAS, the City authorized by Chapter 82.02 RCW to impose impact fees for system improvement costs previously incurred by the District to the extent that new growth and development will be served by the previously constructed improvements; and WHEREAS, based on the information available to the City, the past taxes paid by ~ undeveloped property for tax payments earmarked for or proratable to the particular school system improvements were de minimis; and WHEREAS, even if the past tax payments were more than de minimis, the discount set forth in the fee formula set forth in the District's Capital Facilities Plan adjusts for any past tax credits which should have been granted; and WHEREAS, in developing the impact fees authorized by this Ordinance for school facilities, the City and the District have provided a credit for the anticipated tax contributions that would be made by the development to the school facilities that will serve the new development; and ORD#~,PAGE2 EXHIBIT .PAGE 4 A. OF ~o .... ( ( WHEREAS, the City and the District are authorized by Chapter 39,34 RCW to enter into interlocal agreements for cooperative action, and the City and the District wish to enter into an interlocal agreement for the collection, expenditure, and reporting of school impact fees, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. New Article. A new Article VI to Chapter 14, Taxation, of the Federal Way City Code is hereby added for the collection of school impact fees, and providing for certain other matters in connection therein as follows: Sec. 14-209. Fmdin~s and Authority. The City Council of the City of Federal Way (the "Council") hereby finds and determines that continuing growth and development in the City of Federal Way will create additional demand and need for school facilities, and the Council finds that the Washington State Growth .. Management Act requires that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this title to assess school impact fees. The provisions of this title shall be liberally construed in order to carry out the purposes of the Council in establishing the school impact fee program. Sec. 14-210. Deimitions. The following words and terms shall have the following meanings for the purposes of this title, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. ORD ugf)- 244 ,P AGE 3 EXHIBIT-A. PAGE 5 OF ~ 0 . " ( ( A. "Capital Facilities Plan" means the District's Capital Facilities Plan adopted by the School Board consisting of: 1. a forecast of future needs for school facilities based on the District's enrollment projections; 2. tl!~ long-range construction and capital improvements projects of the District; 3. the schools under construction or expansion; 4. the proposed locations and capacities of expanded or new school facilities; 5. at least a six-year Financing Plan Component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; ¡,. -"; 6. any other long-range projects planned by the District; and 7. a fee schedule indicating the standard impact fee amount per dwelling unit type, B. "City" means the City of Federal Way, a Washington municipal corporation. C. " Classrooms" means educational facilities of the District required to house students for its basic educational program. The classrooms are those facilities the District detennines are necessary to best serve its student population. Specialized facilities as identified by the District, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. D, "Construction Cost Per Student" means the estimated cost of construction of a permanent school facility in the District for the grade span of school to be provided, as a ORD #95-244 ,PAGE 4 EXHIBIT --A PAGE to OF ~ 0 --0> ( ( function of the District's design standard per grade span and taking into account the requirements of students with special needs, E. "Design Standard" means the space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the District as identified in the District's Capital Facilities Plan. F, "Developer" means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. G, "Development Activity" means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. H, "District" means the Federal Way School District No. 210, King County, Washington.. I. i ,-. 1. "Elderly" means a person aged 62 or older. J. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. K, "Fee Schedule" means the schedule set forth in the District's Capital Facilities Plan adopted by reference by the City indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the City. L. "Grade Span" means the categories into which a District groups its grade of students, i.e., elementary school, middle or junior high school, and high school. M. "Interlocal Agreement" means the interlocal agreement by and between the City and the District as authorized in Sec. 14-217 herein. ORD uQ5-24CJ_, PAGE 5 EXHIBIT -----¡j PAGE 7 OF ~o ---. . '" ( ( N, "Permanent Facilities" means the facilities of the District with a fixed foundation which are not relocatable facilities. 0, "Relocatab1e Facility" means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within the District, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. P. "Relocatable Facilities Cost Per Student" means the estimated cost of purchasing and siting a relocatab1e facility in the District for the grade span of school to be provided, as a function of the District's design standard per grade span and taking into account the requirements of students with - special needs. Q. "Site Cost Per Student" means the estimated cost of a site in the District for the ~, grade span of school to be provided, as a function of the District's design standard per grade span and taking into account the requirements of students with special needs. R. "Standard of Service" means the standard adopted by the District which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the District believes will best serve its student population, and other factors as identified by the District. The District's standard of service shall not be adjusted for any portion of the classrooms housed in re1ocatable facilities which are used as transitional facilities or for any specialized facilities housed in re1ocatab1e facilities. Except as otherwise defined by the School Board pursuant to a board resolution, transitional facilities shall mean those facilities that are used to cover the time required for the construction of permanent facilities, provided that, the District has the necessary ORD uQ5-ZL./Q ,PAGE 6 EXHIBIT - A. PAGE~ OF ~O ----.. ,.-.. ( ( financial commitments in place to complete the permanent facilities called for in the Capital Facilities Plan. S. "Student Factor" means the number derived by the District to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on District records of average actual student generation rates for new developments constructed over a period of not more than five (5) years prior to the date of the fee calculation; provided that, if such information is not available in the District, data from adjacent districts, districts with similar demographics, or county-wide averages may be used. Student factors must be separately determined for single family and multi-family dwelling units, and for grade spans. Sec. 14-211. Imoad Fee PrO!!l'aIll Elements. A. Impact fees will be assessed on all residential development activity in the City based on the provisions of Sec. 14-213 herein. B. The impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. C. The impact fee shall be based on a Capital Facilities Plan developed by the District and approved by the School Board, and adopted by reference by the City as part of the capital facilities element of the City's comprehensive plan. Sec. 14-212. Fee Calculations. A. The impact fees for the District shall be calculated based on the formula set forth in the District's Capital Facilities Plan. Such formula shall take into account the following: The capital facilities needs of the District as identified in the Capital Facilities Plan, the District's ORD #g~y.z4q ,PAGE 7 EXHIBIT -- A PAGE c¡ OF ~O ( ( student generation rates for single family and multi-family dwelling units, the school site and school construction costs per student per grade level, the District's standard of service, and the relocatable facilities cost per student per grade level. B. Separate fees shall be calculated for single family and multi-family dwelling units, and separate student generation rates must be determined by the District for each type of dwelling unit. For purposes of this Ordinance, manufactured homes shall be treated as single family dwelling units and duplexes shall be treated as multi-family dwelling units. C. The fee calculations shall be made on a district-wide basis to assure maximum utilization of all school facilities in the District currently used for instructional purposes. D. The formula in the District's Capital Facilities Plan provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issue in the District, which historical levels shall be determined by the District. '* E. The formula also provides for a credit for school sites or facilities actually provided by a developer which the District finds to be acceptable as provided for in Sec. 14-214 herein. See 14-213. Assessment of Impact Fees. A. The City shall collect school impact fees, based on the fee schedule in the District's Capital Facilities Plan, from any applicant seeking development approval from the City where such development activity requires the issuance of a residential building permit or a manufactured home permit. B. The impact fees due on a plat or a PUD shall be assessed and collected from the lot owner at the time when the building permits for each dwelling unit is issued, using the fee ORD uQ'j.Z4Cl ,PAGE 8 EXHIBIT-A PAGE 10 OF ÅO .", ( ( schedule then in effect. Residential developments proposed for short plats shall not be governed by this subsection, but shall be governed by subsection C below, C. For existing lots or lots not covered by subsection B above, applications for single family and multi-family residential building permits, manufactured home permits, and site plan approval for manufactured home parks proposed, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required school impact fees set forth in the fee schedule have been paid. D. The City shall not issue the required building permit or manufactured home permit unless and until the impact fees set forth in the fee schedule have been paid. Sec. 14-214. Exemptions and Credits. A. The following shall be exempt from the application of impact fees: 1. any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or 2. the replacement of a structure with a new structure of substantially the same size and use at the same site or lot when such replacement occurs within twelve (12) months of the demolition or destruction of the prior structure; or 3. alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed, ORD # Cf!5-2L.jq , PAGE 9 EXHIBIT ---A PAGE II OF ~ Q ( B. Arrangement may be made for later payment with the approval of the District only if the District determines that it will be unable to use or will not need the payment until a later time, provided that sufficient security, as defined by the District in its sole reasonable discretion, is provided to assure payment. Security shall be made to and held by the District, which will be responsible for tracking and documenting the security interest. C. The developer shall receive a credit for any payment which has already been made for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit. D. The developer can request that a credit or credits be awarded for the value of dedicated land, improvements, or construction provided by the developer. The District shall first determine the general suitability of the land, improvements, and/or construction for District ~~~: purposes. Second, the District shall determine whether the land, improvements, and/or the facility constructed are included within the District's adopted Capital Facilities Plan or the Board of Directors for the District may make the finding that such land, improvements, and/or facilities would serve the goals and objectiveS of the Capital Facilities Plan of the District. The District shall forward its determination to the City, including cases where the District determines that the dedicated land, improvements, and/or construction are not suitable for District purposes. E. For each request for a credit or cred~ts, if appropriate, the District shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine the value of the dedicated land, improvements, or construction provided by the developer for the District. The developer shall pay for the cost of the appraisal. ORD # q5 ~2 Lj.q , PAGE 10 EXHIBIT --- A PAGE i J. OF ~O ( ( F. After receiving the appraisal, the District shall provide the developer with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied, The applicant must sign and date such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return suèh signed document to the District before the City will award the impact fee credit. The failure of the applicant to sign, date, and return such document within sixty (60) calendar days shall nullify the credit. G, Any claim for credit must be made no later than twenty (20) calendar days after the submission of an application for a building permit. H. In no event shall the credit exceed the amount of the impact fees due. Sec. 14-215. Appeals and Independent Calculations. , , '::~ A. The City may adjust the amount of the school impact fee assessed if one of the following circumstances exist, provided that the developer can demonstrate to the City's satisfaction that the discount included in the fee formula set forth in the District's Capital Facilities Plan fails to adjust for the error in the calculation or fails to ameliorate for the unfairriess of the fee: 1. the developer demonstrates to the City's satisfaction that an impact fee assessment was incorrectly calculated; or 2. unusual and unique circumstances identified by the developer demonstrate that if the standard impact fee amount were applied to the development, it would be unfair, unjust or unlawful. ORD uQ5 -2L/q ,PAGE 11 EXHIBIT -------A PAGE ;3 OF ~() ( ( B. Requests for fee adjustments, and the administrative appeals process for the appeal of an impact fee, shall follow the process for the appeal of the underlying development application, c. A developer may provide studies and data to demonstrate that any particular factor used by the District may not be appropriately applied to the development proposal, but the District's data shall be presumed valid unless clearly demonstrated to be otherwise by the developer. The developer shall pay for the cost of the studies and data, and.must demonstrate to the City's satisfaction that the discount included in the fee formula set forth in the District's Capital Facilities Plan fails to adjust for the error in the factor or in the fee calculation. D. Any appeal of the decision of the City's Hearing Examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process. Any errors in the fee formula identified as a result of an Í$: >'~'~ appeal should be referred to the Council for possible modification, E. Impact fees may be paid under protest in order to obtain a permit or other development approval. Sec. 14-216. The Impact Fee Account. Uses of Impact Fees. and Refunds. A. Impact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by the District solely for the District's school impact fees as provided for in Sec. 14-217 herein. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection B. Annually, the City, based on the report submitted by the District pursuant to Sec. 14-218, will forward a copy of the District's report to the State of Washington, Growth Management Section, pursuant to RCW 82.02.070 which ORD uQ5-2L/4 ,PAGE 12 EXHIBIT --- A PAGE /q OF ~Q-- '.> ( ( shows the source and amount of all monies collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees. B. Impact fees for the District's system improvements shall be expended by the District for capital improvements including but not limited to school planning, land acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, relocatable facilities, capital equipment pertaining to educational facilities, and any other expenses which could be capitalized, and which are consistent with the District's Capital Facilities Plan. C, In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this Section. '. D, School impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings extraordinary and compelling reason or reasons for the District to hold the fees beyond the six-year period. The District may petition the Council for an extension of the six-year period and the District set forth any such extraordinary or compelling reason or reasons in its petition. Where the Council identifies the reason or reasons in written findings, the Council shall establish the period of time within which the impact fees shall be expended or encumbered, after consultation with the District. E. The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six (6) years of receipt of the funds by the City, except as provided for in subsection D, In determining A OF ORD uQ!5.2L./-Q ,P AGE 13 EXHIBIT PAGE IS ')..0 ( c whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. The City shall notify potential claimants by first-class mail deposited with the United States postal service addressed to the owner of the property as shown in the City's tax records. F. An owner's request for a refund must be submitted to the Council in writing within one (1) year of the date the right to claim the refund arises or the date that notice is given, which-ever date is later. Any impact fees that are not expended or encumbered within the limitations in subsection D, and for which no application for a refund has been made within this one (1) year period, shall be retained and expended consistent with the provisions of this Section. Refunds of impact fees shall include any interest earned on the impact fees. G. Should the City seek to tenninate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current ~1 owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be tenninated, the City shall place notice of such tennination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the City's tax records. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the City, but must be expended for the District, consistent with the provisions of this Section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being tenninated. H. A developer may request and shall receive a refund, including interest earned on the impact fees, when: ORD uQj-2L./-Q ,PAGE 14 EXHIBIT --Ij PAGE 110 OF ~O- -.. ( ( 1. The developer does not proceed to finalize the development activity as required by statute or City Code or the Uniform Building Code, and 2. No impact on the District has resulted. "Impact" shall be deemed to include cases where the District has expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the District has expended or encumber~,the fees in good faith, no refund shall be forthcoming. However, if within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit, The owner must petition the City and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The City shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set fonh in Sec. 14-215 above. ~;¡; 1. Interest due upon the refund of impact fees required by this Section shall be calculated according to the average rate received by the City or the District on invested funds throughout the period during which the fees were retained. Sec. 14-217. Interlocal Aereement. A. The City Manager is authorized to execute, on behalf of the City, an interlocal agreement for the collection, expenditure, and reporting of school impact fees, provided that, such interlocal agreement comply with the provisions of this Section, be in form and content acceptable to the City Attorney and be approved by the City Council. B. The District shall establish a School Impact Fee Account with the Office of the King County Treasurer, who serves as the Treasurer for the District. The Account shall be an ORD t4:5-2 L/q ,PAGE 15 EXHIBIT H PAGE 17 OF ),Q " ( ( interest-bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the District. C, For administrative convenience while processing the fee payments, school impact fees may be temporarily deposited in a City account. On a monthly basis, the City shall deposit the school impact fees collected for the District in the District's School Impact Fee Account. D. The District shall agree to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with the collection of impact fees or any other actions taken by the City pursuant to the tenus of this ordinance or pursuant to the tenus of the Interlocal Agreement. Sec. 14-218. Submission of District Capital Facilities Plan and Data. tr .on an annual basis, the District shall submit the following materials to the City: A. The annual update of the District's Capital Facilities Plan, including an updated fee calculation and a revised fee schedule. B. An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. Sec. 14-219. Review. The fee schedule in the District's Capital Facilities Plan shall be reviewed and updated by the Council on an annual basis after the Council receives the District's Capital Facilities Plan ORD uQ5-2ljQ , PAGE 16 EXHIBIT --A PAGE /3 OF ÅO ... ( { and report required under Sec. 14-218. The review may occur in conjunction with the annual update of the capital facilities plan element of the City's comprehensive plan, Section 2. Table of Contents and Ca"{Jtions. The Table of Contents is for convenience only and forms no part of this title. The Section captions used in this title are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this title. Section 3. Severability. The provisions of this ordinance are declared separate and severable, The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the . invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this .2.L day of ~, 1995. CITY OF FEDERAL WAY ~<C.dø;k&y Ma or, ary E, Gates ORD uQ5-ZL/Q ,PAGE 17 EXHIBIT ---A PAGE--1LOF ~D ( APPROVED AS TO FORM: "-, FILED WITH CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 11/1/95 11/21/95 11/25/95 12/21/95 95-249 K:\ORDIN\SCHOOLIM.FEE Ii. 'I'. ORD # 95-249 , PAGE 18 ( E)(HIBIT ---+1 PAGE ~O OF ~Q ~ " >, ~ 0 ~ 0 ~ 0 CJ) 0 (.rJ rJ') After reco~ding, re~ ".1 \ '-I -IV)" I f to:. City. Attorney City of Federal Way 33530 1st Way S. Federal Way, WA 98003 INTERLOCAL AGREEMENT FOR THE COLLECTION, DISTRIBUTION, AND EXPENDITURE OF SCHOOL IMPACT FEES ( TillS AGREEMENT is dated effective the 22nd day of December, 1995 and is entered into by and between the City of Federal Way (the "City") and the Federal Way School District No. 210 (the "District"). WHEREAS, the Washington State Legislature passed the Growth Management Act of 1990 and 1991, RCW 36.70A et seq. and RCW 82.02 et~, (the "Act"), which authorizes the collection of impact fees on development activity to provide public school facilities to serve new development; and '. \VHEREAS, the Act requires that impact fees may only be collected for public facilities which are addressed by a capital facilities element of a comprehensive land use plan; and WHEREAS, the District has prepared a capital facilities plan in compliance with the Act which has been adopted by the City of Federal Way as a subelement of the City of Federal Way Comprehensive Plan by Ordinance No. 95-248; and WHEREAS, the City of Federal Way has adopted Ordinance No. 95-249 for the assessment and collection of school impact fees upon certain new residential developments on behalf of the District; and WHEREAS, the City of Federal Way and the District enter into this Agreement pursuant to and in accordance with the State Interlocal Cooperation Act, Chapter 39.34 RCW, for the purposes of administrating and distributing the authorized impact fees. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN, IT IS AGREED THAT: 1. GENERAL AGREEMENT: The City of Federal Way (the "City") and the Federal Way School District No. 210 (the "District") agree to comply with the terms of this Agreement which govern the collection, distribution, and expenditure of school impact fees. II. RESPONSIDILITIES OF THE DISTRICT: The District, by and through its employees, agents, and representatives, agrees to: A. Annually submit to the City a six-year capital facilities plan or an update of a previously adopted plan, which meets the requirements of the Act and Ordinance No. 95-249 on or before April 1st of each year. B. Authorize King County, as Treasurer for the District, to establish a School Impact Fee Account into which school impact fees may be deposited. EXHIBIT ~INAL PAGE i OF g I "', U> i 6 ~ ..- ..- ~ C> <:> ~ ::0<; >-1 ¡¡r¡ n g ~ m t:> U> ~ :0 ..... t:> - ru 8 ~ . f (.C 0 (j) 0 ~ 0 (.t) 0 (.C fJ') , ',. ( ( C. Expend impact fee revenues provided to the District under this Agreement, and all interest proceeds on such revenues, for expenditures authorized by Sec. 14-216 of the Federal Way City Code ("FWCC"). D, Prepare an annual report in accordance with the requirements of RCW 82.02.070 and FWCC Sec. 14-218 showing the system improvements that were financed in whole or in part by impact fees and the amount of funds expended. The annual report shall be sent to the City on or before April 1st of each year for the preceding calendar year. E. Refund impact fees and interest earned on impact fees when a refund is required under applicable law; including but not limited to (I) when the proposed development activity does not proceed and no impact to the District has resulted; (2) when the impact fees or interest earned on impact fees are not expended or encumbered within the time limits established by law; or (3) when the school impact fee program is tenninated. F. Maintain all accounts and records necessary to ensure proper accounting for all impact fee funds and compliance with this Agreement, the Act, and Ordinance No. 95-249; including, . without limitation, accounting for fees received, interest earned on fees, date of receipt of funds, and the capital or system improvements that were financed by the impact fees. G, Indemnification and Hold Hannless. 1. The District shall, at its own expense, protect, defend, indemnify, and hold hannless the City, its officers, employees and agents, from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the acts or omissions of the District, its officers, employees or agents, relating to the District's implementation of the school impact fee program, perfonnance of the duties set forth in paragraph IT of this Agreement, or compliance with the tenus of Ordinance No. 95-249, all as may be amended from time to time. This indemnification by the District of the City shall include, but not be limited to: (a) The District's responsibility to refund any fees with interest, which are detennined by a court of competent jurisdiction to have been improperly paid, regardless of whether the City erroneously required the fee amount; (b) The District's agreement not to impose any liability on the City for the City's failure to collect the proper fee amount or any fee from a developer conducting any development activity, but the City shall make reasonable attempts to collect such fee; (c) All acts or omissions of the District, its officers, employees or agents relating to implementation of the school impact fee program. -2- EXHIBIT --- ß PAGE ;¿ OF 25.. \ - '. ~ 0 (J') 0 ~ 0 C..(; 0 ~ 0; ) 2. The District shall, at its own expense, protect, defend, indemnify, and hold harmless the City, its officers, employees, and agents, from any and all costs, claims, judgments, or awards of damages, resuiting from a challenge to the legality of Ordinance No. 95-249; provided however, that if the District offers to defend, the District shall not be liable for any of the City's attorney's fees or litigation costs incurred after such offer to defend is made; provided further, that if the District defends the City, the District shall be authorized to settle any such challenge. If the City declines to agree to the settlement, the City may continue the challenge, but shall be responsible for its own City attorney's fees and litigation costs. 3. The District further agrees that the District shall, at its own cost and expense, protect, defend, indemnify, and hold harmless the City, its officers, employees, and agents from any and all costs, claims, judgments, or awards or damages arising out of or in any way .. resulting from the District's failure to refund impact fees, or interest on such impact fees, including but not limited to a determination that impact fees from development activity that was not completed are not refundable because the funds were expended or encumbered by the District whether or not the District's determination was made in good faith; provided however, that if the District offers to defend, the District shall not be liable for any of the City's attorney's fees or litigation costs incurred after such offer to defend is made. 4. The District's duties to the City under this Section shall not be diminished or extinguished by the prior termination of this Agreement pursuant to Section VI. ill. RESPONSffiILITIES OF THE CITY: The City, by and through its employees, agents, and representatives, agrees to: A. Timely review the District's updated Capital Facilities Plan and the District's revised impact fee schedule. B. Deposit promptly all impact fees collected on behalf of the District in the School Impact Fee Account in the Office of the King County Treasurer, and advise the District concerning the dates that the impact fees were received and the names of the applicants.. C. After receipt of the District's annual report required by Section II.D. above, prepare an annual report based solely upon the District's annual report, as required by RCW 82.02,070(1), D. Determine whether applicants are excluded from the application of the impact fee pursuant to FWCC Sec. 14-214, as may be amended from time to time. E. Indemnification. Except as provided in Section ILG. 1, 2, 3, and 4, the City shall, at its own cost and expense, protect, defend, indemnify and hold hannless the District, its officers, employees, or agents, from any and all costs, claims, judgments or awards of damages, arising out of the acts or omissions of the City, its officers, employees or agents relating to the City's implementation of the school impact fee program and performance of the duties set forth in -3- EXHIBIT ~. B PAGE 3 OF- Z " ~ (/:J 0 (jJ 0 ~ 0 ~ 0 ~ (jJ , " ) ) Paragraph III of this Agreement; provided however, that if the City offers to defend, the City shall not be liable for any of the District's attorney's fees or litigation costs incurred after such offer to defend is made, and provided further that the District shall promptly refund any fees as required by a final court order including payment of any pre- or post-judgment interest. The City shall not be liable for judgments or awards of damages unless there is a finding that the City's conduct was at least negligent; provided further, th'at if the City defends the District, the City shall be authorized to settle any such challenge, If the District declines to agree to the settlement, the District may continue the challenge, but shall be responsible for its own District attorney's fees and litigation costs. The City's duties to the District under this Section shall not be diminished or extinguished by prior termination of this Agreement pursuant to Section VI. IV. GENERAL TERMS: A. This Agreement shall become effective when executed by both parties and filed with the Secretary of State and with King County, and shall remain in effect until terminated pursuant to Section VI of this Agreement. B. It is recognized that amendments to this Agreement may become necessary, and such amendment shall become effective only when the parties have executed a written addendum to this Agreement. C. The District acknowledges that the City is vested with the authority to impose and collect school impact fees. The parties agree that the City shall in no event be liable to the District for the payment of money in connection with the school impact fee program, with the exception of remitting to the District the impact fees collected for the District. V. AUDIT: A. The District's records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by the City or appropriate state agency; B. The District agrees to cooperate with any monitoring or evaluation activities conducted by the City that pertain to the subject of this Agreement. The District agrees to allow the City, or appropriate state agencies and/or any of their employees, agents, or representatives, to have full access to and the right to examine during normal business hours, all of the District's records with respect to all matters covered by this Agreement. The City and/or any of its employees, agents, or representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all invoices, materials, payrolls, and record of matters covered by this Agreement. The City will give fifteen (15) days advance notice to the District of fiscal audits to be conducted. C. The results and records of said audit shall be maintained and disclosed in accordance with Chapter 42.17 RCW. -4- EXHIBIT _b PAGE 4 OF cg , . ~ 0 CiJ 0 ~ 0 ~ -. "I ..) 0; It ) VI. TERMINATION: A. The obligation to collect impact fees under this Agreement may be terminated without cause by the City, in whole or in part, at any time. All other obligations under this Agreement shall remain in effect until both of the following conditions have been satisfied: (1) the City or the District provides written notice that this Agreement is being terminated; and (2) neither the District, nor the City on behalf of the District, retain unexpended or unencumbered impact fees. The obligations under Section II.G. and Section UI.E. of this Agreement shall be continuing and shall not be diminished or extinguished by the termination of this Agreement. B. The District shall be responsible to ensure that upon termination of this Agreement, any remaining unexpended or unencumbered impact fees are refunded pursuant to RCW 82.02.080. C. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or by law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. VII. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. VITI. RIGHTS TO OTHER PARTIES: It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and conveys no right to any other party. IX. GOVERNING LAW AND FILING: This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall be filed with the Secretary of the Board of Directors of District No. 210, the City Clerk of the City of Federal Way, the King County Records and Elections Division, the Secretary of State, and the Washington Department of Community Development. X. ADMINISTRATION: A. The City's representative shall be: Marie Mosley Deputy Management Services Director City of Federal Way 33530 1st Way S. Federal Way, Washington 98003 Telephone: (206) 661-4063 -5- EXHIBIT~. ß PAGE 5 OF- 8 c.o 0 cr) 0 ~ 0 CJ:J 0 c.o 0) ~>: ) B. The District's representative shall be: lody Putman Federal Way School District No. 210 31405 18th Avenue South Federal Way, Washington 98003 Telephone: (206) 941-0100 XI. ENTIRE AGREEMENT/WAIVER OF DEFAULT: The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the City, which shall be attached to the original Agreement. CITY OF FEDERAL WAY, WASHINGTON FEDERAL WAY SCHOOL DISTRICT NO. 210 ~~ City Manager APPROVED AS TO FORM ~~~ ai . Lm e - City Attorney pþd2 Tomas. Vander Ark Superintendent ~- rQ ~~ N. hristine Green, CMC Federal Way City Clerk K:IINTERLCLIIMPACTFE.SD 3/22/96 -6- EXHIBIT --..:B PAGE to OF ?5 DATE IN: '1 / Û , i - 01. ~-{ $'- 3/ó2. RE~UEST F"OR rú/:..J ,) CITY OF FEDERAL WAY LAW DEPARTMENT CONTRACT PREPARATION/DoCUMENT REVIEW/SIGNATURE ROUTING 1. ORIGINATING OEPT./OIV.: 9t=t ~ $tl 3. DATE REQ. By: 2. ORIGINATING STAF"F" PERSON: 4. TYPE OF" DOCUMENT REQUESTED (CHECK ONE): 0 PROFESSIONAL SERVICES AGREEMENT 0 SECURITY DOCUMENT 0 MAINTENANCE/LABOR AGREEMENT 1£.0., AO'..:E,.ENT & PE..r/MAIN BONO; A..,O",.ENT or F"UNO. '" L'EU or 00"0) 0 PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT 0 SMALL PUBLIC WORKS CONTRACT 1£.0.. RF"O. RF"P. RF"QI (Ln. THAN $"".DDDI 0 CONTRACT AMENDMENT 0 PURCHASE AGREEMENT 0 EASEMENT IMATERIA"", Bu....un. e:QU""'E"T) 0 OTHER P R: ::'~::T:: :URC~A.¥ ~ ~ I fjuJ AG#: s. vJ/rW.s b#ZIO , 6, NAME OF CONTRAcTOR: ADDRESS: PHONE: TYPE OF" PERSON DR ENTITY (CHECK ONE): 0 INDIVIDUAL 0 PARTNERSHIP 0 SOLE PROPRIETORSHIP 0 CORPORATION STATE: TAX 10#/55#: SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXHIBIT A . A COMPLETE AND DETAILED DESCRIPTION OF" THE SERVICES DR SCOPE OF" WORK, INCLUDING COMPLETION DATES F"OR EACH PHASE OF" WORK AND LOCATION OF" WORK. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9, TOTAL COMPENSATION: $ (INCLUDES EXPENSES AND SALES TAX, IF" ANY) II.. CALCULATEO A" HOU"LY LA.OR CHA"GE . ATTACH .CNEOULU or E"PLOYEn TITLE. .0."0 HOURLY .....TE.I 0 YES oNo oNo IF" YES, MAXIMUM DOLLAR AMOUNT: $ REIMBURSABLE EXPENSES: DYES Is SALES TAX OWED? IF" YES, $ PAID BY: 0 CONTRACTOR oCITY 10. SELECTION PROCESS USED (CHECK ONE): 0 REQUEST FOR BIDS 0 REQUEST F"OR PROPOSALS 0 REQUEST FOR QUOTES 0 REQUEST FOR QUALIFICATIONS 0 ARCHITECT & ENGINEER LIST 0 SMALL WORKS ROSTER 1 1, cONTRACT REVIEW INITIAtJOATE ApPROVED ~. 0 'RECTOR i LAw (ALL CONTRACTS) 0 RISK MANAGEMENT . (ALL CONTRACT. EXC"..T A...ENO""'NT., CONTRACTOR .EL"CTION Docu""'NTI ~ ---- 0 PURCHASING ~ LAW DEPARTMENT ~ CITY MANAGER J9 CITY CLERK .~ SIGNED COpy BACqK :T"O oRIG."'ATING ,X¡ ASSIGNED AG # (¡;-I 7, 0 PURCHASING: PLEASE CHARGE TO: . J tAu) fJ&P, DEPT. T l-fï ~/dD¡¡c" Ct.C- ~OATE APPROVED. = -----ç. J~ '9~ ~ . 7, 57/57 7 r: 12, CONTRACT SIGNATURE ROUTING I COMMENTS ~Jrn/~ ¥ ~ ~~j ß I W(c¡& ~ R~ . / ~~d~ PA-aE I .. OF 5š ,n4"2 (Rev 6;,,1(, I ) _.~~!~9. PA~: ..M!--.Y...? ?J2~. §.... ...., ..... .................. """".....'." . }~.M.tI. I . ~ (I ) --+--. ~l ""'.."""""""""""'" ( CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SCHOOL DISTRICT IMPACT FEE INTERLOCAL AGREEMENT ... ..,.., ""'---"""""""'- ..-........ "........... ,.... .,....,., ............ .......,..,... ..,.-.,.......-., ..-............,. ,.,..... ..... .....,- ........ ... -.. .......... ........,........,................... ......,. .,....., CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ --"---"-"-'-'---"""""""'-"""""'-----"""-"""-"-'.......-.-....-....----....,-..,....,...,.............,.......",........-,..-.................,-......, ATTACHMENTS: INTERLOCAL AGREEMENT, STAFF MEMORANDUM TO LAND USE AND TRANSPORTATION COMMlTIEE (LUTC ) """""-----'---"'--"""""'--"'-'---"""-"-""-""-"'-'-'--'"'-'-""""'-""""""""'-"""""""'--""'-"" ( SUMMARYIBACKGROUND: On November 21, 1995 the City Council passed Ordinance 95-249 which put into place a system for the city to collect impact fees from new residential developments on behalf of the Federal Way School District. This ordinance requires an interlocal agreement between the city and the District that sets forth the responsibilities of the city and District with respect to the collection and distribution of impact fees. The attached Interlocal Agreement was presented to the LUTC on April 15, 1996 and the Committee moved to forward the Interlocal to full City Council with a recomml".nilation of approval, :ì --"-""'-"'-'-""--""""""""'............,..,-...-..,........-.....,.....,-.....--...,.......--..................,....,...--.......,......-..-.-..,,-.........,-.....- CITY COUNCIL COMMITIEE RECOMMENDATION: Approval- Land Use & Transportation Committee, 4/15/96, .-..".-...,.-..-.,--.-,--.-,.....-...... -.......,....- -...., "'--'-"'" -~ ~A~~~O~~-~~: ~ßØ1 ~-----_._--- APPROVED FOR INCLUSION IN COUNCIL P AC~~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # NERCC.S/'M/94 EXHIBIT PAG E g ~ OF g """'. I " I I I I I I I I I ~ . I I I I I I I ~ "W, RECEIVED FEDE DEC 20 1996 R A L W A C\V,<!lERKS OFFICE - Cr70F FEDERAL WAY School District N"o. 2.10 ,"- ,. ,:":......:,.';'",' ,'"~",~";~.~,~:~,::~..<,¡,:,,,..,,. ",' ¡~~~!fmmfM :U! ~¡!!¡¡!¡! ::::,:=,¡ :"",',', I ~:~,:~~ '~& ti ,~M III ~i¡¡1 ¡~~¡~ JW "",¡" ",:,:", ",,':' tt¡ :"""t t,~,~i *@ ",~~,¡ II¡W ",¡,~, 1W t:::¡ i¡¡¡¡~¡¡ I ,;:(.",¡ :::~~t $1. ~J_t I [(I It. ¡:;:.;:;¡ III ,I r::::t C'.' ,.;' '. "... " '" , " , .>. -" ,.,.;,:..,:~.. Æt1l11@MMtMMlmttlt¡¡~¡~¡~¡:~ltttm}t¡¡ttttttmtmmMi$1.*tlf&]mitmWj;~t#$J#iMj¡;}ttttmtmttjj¡¡:¡¡¡j:¡:ln¡¡~¡¡¡¡¡¡¡~¡¡¡¡mm¡¡tMt)!Mmmt%ì ,::.,.::; I~\I ::::::,; :,~:,~~ I % II lM I,t_;,[.~_:_!,!, ,~îf . "e:' ~~~: ,,~:¡,\: III ,::~:,:: I I", ii::",' I .~'~+ ï~~~1 ;' ,': ø:3:"',%!'},;:"",:;"f ,;:~~'~~ m!""- 1(: :::~, fMr- -;li¡,', ;:1" ¡~~î II ¡~¡¡¡! ,:=~~t ¡¡¡¡~ C!Jj~.~ :' " " 1995/96 ~., ~. ~:'¡ ~ w' Q~ þ:1~ (:.,. p ~ ø.<, Capital Facilities Plan April 1996 Revised EXHIBIT PAGE I ,'t')' '0 0 -co '0\ -< "~ ~, <II ,a: "¡; '... «> '\:S «> r.. '\0 è-I ' ):~~g";,:;- '0 ,0 ',~, .C') -.' ""'~, ",0\ 9"'" -g,~:":' £!;"~ "';,'~ , "'<11 .bI) c..' ' '~' ',' .. - t'", :boO ctf' 'S:: a ::E, = as e.~ '+'" () ,f:E' ',:>'-0 ' '~ (f), , ,0, ,en "', ~',' , ' s:: ,--, , en ' ;::1 -¡:q -<'I NU') 'U') U')', ct't-- . " o.Ó xC¡; c.J\õ -0 ON ,0- - ' 0 ., 0 ¡:: ;; :.3' 01' " '--õ \D, ." 0""" '~i5 '.cI ... ::I. 0 'rJJ CI ::I ¡:: CI PO. < .cI ... co ... \I), 0 v ... CO) c OF 35:,,;:;,.1-""::; ",,:¡:¡~:, "';" >, . . II . IÍÌ . . . . . ~~ II . . . . . . . ,. FEDERAL WAY SCHOOL DISTRICT 1995/96 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Gail Pierson, President Ann Murphy, Vice President Linda Hendrickson Holly Isaman Joel Marks SUPERINTENDENT Thomas J. Vander Ark DEVELOPED BY Jody Putman, Business Services Manager Geri Walker, GIS EXHIBIT C PAGE ;1. OF 3.5 . .. I I I I I I 1 II I I ~1 I I I I I I I I SECTION I SECTION II SECTION ill SECTION IV FEDERAL WAY SCHOOL DISTRICT #210 1995/96 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS.................,...................... INTRODUCTION....,.........." ......", """"""""""".. THE CAPITAL FACILITIES PLAN Introduction......,..........................,.."..",....,............. Inventory of Educational Facilities.,..,.,...............,...... Inventory of Non-In structiomi I Facilities....,...,..,........ Needs Forecast - Existing Facilities.............,............ Needs Forecast - New Facilities..............,............... Six Year Finance Plan.....,.....,........................,......... MAPS OF DISTRICT BOUNDARIES Introduction.........,. ""'" ""'" .,......, """""""""" .... .., Map - 1995/96 Elementary Boundaries.........,.,......., Map - 1995/96 Junior High Boundaries...,..,............, Map - 1995/96 Senior High Boundaries.......,........,., SUPPORT DOCUMENTATION Introduction........................"........,......,""""""""'" Building Capacities..... ...,..,. ...,..... ........, ........., """"" Portable .Locations.....................,......,.,.......,.........,. Student Forecast..,......,...,........,.,...,.............,.......... Capacity Sununaries.....,. """"""""""""""""""""'. King County Impact Fee Calculations.,.,........,........., SUMMARY OF CHANGES FROM THE 1994/95 PLAN EXHIBIT PAGE 3 .. 11 I-I 1-2 1-3 1-4 1-5 1-6 II-I 11-2 II-3 11-4 111-1 111-2 111-4 III-6 111-8 III -13 IV-I C OF 35 . . . . . . . . . . ,:.. - . I . . . . I . INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and ESHB 1025 (1991), and under the School Impact Fee Ordinances of King County Code 2lA effective September 15, 1993, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, and the City of Kent Ordinance No. 3260 effective March 1996, the Federal Way School District has updated its 1994/95 Capital Facilities Plan as of April 1996. This Plan has been adopted by King County, the City of Kent and the City of Federal Way and is incorporated in the Comprehensive Plans ,of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Auburn has not adopted a school impact fee ordinance. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers, A designation was made within the Federal Way planning area which encompasses the Federal Way School District boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. At this time, the Federal Way School District is evaluating the need for and possible timing of future bonds. This need will be based upon the recommendation ITom the Citizens Long Range Facilities Planning Committee. This committee will be sending a recommendatIon to the Board of Education in April regarding possible modernizations, remodeling, technology updates, and various safety improvements. The recommendation ITom this committee may create the need for a Long Range Facilities Plan to be consistent with Board Policies. The District is in the process of rewriting the strategic plan for the District. This process is being done to comply with the requirements of the State education goals under ESHB 1209 "Education Reform Act of 1993". The results of this planning procedure will assist, among other things, the District to determine the future housing needs of students. This process may require the District to consider educational options such as year-round schooling with tracks, extended days, or other alternatives. The District has formeg a committee to look at alternatives for the overcrowding at the secondary level, particularly the senior high level. This recommendation will be presented to the Board of Education in the near future. II EXHIBIT PAGE 4 C OF 35 , ", I J INTRODUCTION (continued) "~ ~ . The District is currently renovating space at Thomas Jefferson Senior High and Totem Junior High to increase capacity at these schools. The increase in classroom capacity will be reflected in the next revised Plan of the District. No fees are reflected in the calculation of impact fees at the senior high level. At the present time, the District is not considering building any new senior high facilities to house the growing population. C"\ , ~..~ J The Citizens Long-Range Facilities Planning Committee was formed in August 1995. The charge of this committee was to consider and make recommendations in the form of an integrated plan which addresses needs in 3 specific areas; building capacity and alternates to building new facilities, building functionality and the kind of facilities that should be developed to support current and future education programs needs, and preservation of capital assets and maintenance levels. The Committee was to consider financial needs, standard of service for the District, alignment with the District Strategic Plan, and the District's current policies and regulations. The Committee made its initial recommendation to the Board of Education in April 1996. The recommendations include the modernization of 5 elementary schools and 1 junior high school, renovations that would increase safety of schools, technology purchases, and various smaller projects. The Board is considering these recommendations and will be approving the recommendations as presented or with modifications made by the Board, At the time of printing, this plan has not been finalized. Therefore, in the needs section, you will find only a footnote which references the possibility of these recommendations. 41 t II I I . II I . . .- . . . In the Spring of 1996, the District also embarked on the project of a ten year Real Estate Plan. This plan will include land use issues and building new schools. Both the Facilities Plan and the Real Estate Plan will provide more definite direction and building plans for the District. "m EXHIBIT PAGE 5 ~ OF- 35 .. I II' I I I SECTION I - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. Tills section provides infonnation about current facilities, existing facility needs, and expected future facility requirements for the Federal Way School District #210. This is followed by a Financial Plan which shows expected funding for any new construction and modernization needs listed. I I I I I '+I I I I I I I I t I-l E)(HIBIT PAGE ~ c., OF 3S ? . ". I j INVENTORY OF EDUCATIONAL FACILITIES ;¡ ~ ELEMENTARY SCHOOLS Adelaide Brigadoon Camelot Enterprise Green Gables Lake Dolloff Lake Grove Lakeland Mark Twain Meredith Hill Mirror Lake Nautilus Olympic View Panther Lake Rainier View Sherwood Forest Silver Lake Star Lake Sunnycrest Twin Lakes Valhalla Wildwood Woodmont , I i I I I t, -, I I I I I JUNIOR HIGH SCHOOLS Illahee Kilo Lakota Sacajawea Saghalie Totem SENIOR HIGH SCHOOLS Decatur Federal Way Hany S. Truman Thomas Jefferson ~ ¡¡ '- I I 1635 SW 304th Street 3601 SW 336th Street. 4041 S 298th Street 35101 5th Avenue SW 32607 47th Avenue SW 4200 S 308th Street 303 SW 308th Street 35675 32nd Avenue S 2450 S Star Lake Road 5830 S 300th Street 625 S 314th Street 1000 S 289th Street 2626 SW 327th Street 34424 1st Avenue S 3015 S 368th Street 34600 12th Avenue SW 1310 SW 325th Place 4014 S 270th Street 24629 42nd Avenue S 4400 SW 32Oth Street 27847 42nd Avenue S 2405 S 300th Street 26454 16th Avenue S. 36001 1st Avenue S 4400 S 308th Street 1415 SW 314th Street 1101 S Dash Point Road 33914 19th Avenue SW 26630 40th Avenue S 2800 SW 320th Street 30611 16th Avenue S 31455 28th Avenue S 4248 S 288th Street 1-2 Federal Way Federal Way Auburn Federal Way Federal Way Auburn Federal Way Auburn Federal Way Auburn Federal Way Federal Way Federal Way Federal Way Federal Way Federal Wåy Federal Way Kent Kent Federal Way Auburn Federal Way Kent Federal Way Auburn Federal Way Federal Way Federal Way Kent Federal Way Federal Way Federal Way Auburn 98023 98023 98001 98023 98023 98001 98023 98001 98003 98001 98003 98003 98023 98003 98003 98023 98023 98032 98032 98023 98001 98003 98032 98003 98001 98023 98003 98023 98032 98023 98003 98003 98001 EXHIBIT C PAGE '7 - OF 35 - ~ I I . . . . . . . I Site # I . . . \-. CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Property Administrative Building MOT Site Central Kitchen Federal Way Memorial Field Security/Science Kit 31405 18th Avenue S 1066 S 320th Street 1344 S 308th Street 1300 S 308th Street 33818 9th Avenue,$ Federal Way Federal Way Federal Way Federal Way Federal Way Undeveloped Property Location 9 23 35 40 63 71 72 84 96 98 . . . . . . . . 27th Avenue SW & Dash Point Road SW 360th Street & 3rd Avenue SW S 351st Street & 52nd Avenue S E of 10th Avenue SW Between SW 334th & SW 335th Streets E of 47th Avenue SW & SW 314th Place S 344th Street & 46th Avenue S 36600 block of Pacific Highway S 3737 S 36Oth Street S 308th Street & 14th Avenue S 35706 16th Avenue S Notes: 98003 H~8003 98003 98003 98003 Not all undeveloped properties are large enough to meet school construction requirements, Properties may be traded or sold depending on what locations are needed to house students in the District. 1-3 EXHIBIT -- C PAGE 55 --" OF 35 I , I q I d " 18 !J ( :11 . I 1 ~I I ,t , I NEEDS FORECAST - EXISTING FACILITIES EXISTïNG FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Five elementary schools Modernizations with some (I), (2) expansions (see note 2) Illahee Junior High Modernization with (1), (2) expansion (see note 2) Various schools and support Technology updates, (1), (2) services buildings - facility expanded parking equity facilities, various environmental system replacements, exterior lighting improvements, and possible major modernizations. Totem Junior High Space renovations - to (1) make additional classroom space. Notes: (1) Anticipated source of funds is state matching funds, Impact fees, future bond issues or nonvoted debt issues. A school district is entitled to issue non-voted debt up to 3/8 of 1 % of the assessed valuation of the district. The Citizens Long-Range Facility Planning Committee is also examining the need for additional capacity to house the growing student population of the Federal Way School District. This capacity at several of the elementary schools and Illahee Junior High School will be increased through modernizations with some expansions. Impact fees will help defTay the costs of this additional capacity and will be a source of funds for this need. (2) 1-4 EXHIBIT PAG E Cf C OF 3.5 I , -- I I I I I I I ÞI I I I I I I I I NEEDS FORECAST - NEW FACILITIES EST %OF YEAR YEAR EST PROJECT NEW NEEDED AVAIL FUND FOR NEW FACILITY LOCA nON (1) (2) SOURCE STUDENTS MOT Site (1) Unknown N/A N/A N/A N/A Notes: (1) Construction of Maintenance, Operations and Transportation (MOT) site is dependent on sale of current MOT site. I-5 EXHIBIT --('~ PAGE 10 . OF .35 . "'. I , I I I I I I I r ~I I I I I I I I I FEDERAL WAY SCHOOL DIS1RICT #210 - 1995/% CAPITAL FACILITIES PLAN Six Year Finance Plan Secured Funding Sources 1996 1997 1998 1999 2000 2001 Total Re..'enue Impact Fees (1) 50,000 120,000 S170,OOO Land Sale Funds (2) $250,000 $381,750 $1,735,338 5250,000 5250,000 51S0,OOO 53,017,088 tate Match Funds (3) 2,622,000 11,885,000 1,475,912 515,982,912 TOTAL $1.911,000 $12,386,750 $3,211,250 $150,000 $150,000 5150,000 519,170,000 Unsecured Fundin~ Sources tate Match Funds (6) 15,899,013 Bond or Levy Funds (4) 22,000,000 !.and Fund Sales (7) 1,000,000 :>titer Inoome (8) 2,S00,000 [mpact Feci (5) 1,011,271 trOTAL $41,410,284 NEW SCHOOLS 1996 1997 1998 1999 2000 2001 Total Cost 0 0 -MODERNIZATIONS . 0 anther Lake Elementary 4,308,895 4,308,895 Iympio VIew Elementary 5,242,119 5,242,1 IS a\halla Elementary 3,632,348 3,632,348 iLake Grove Elementary 3,810,757 3,810,75 wmycrcst Elementary 3,451,001 3,451,001 lIahee Junior High 8,532,128 8,532,128 ~roman Senior High (alternative) 5,232,694 5,232,694 ~ TEMPORARY FACIIlTIES ~ !Portables (9) 200,000 400,000 400,000 250,000 250,000 250,000 1,750,000 0 OTHER 0 ¡'Safety Improvements 300,000 3,685,000 6,665,000 ) 10,650,000 Facilities Department 250,000 150,000 250,000 250,000 250,000 150,000 1,300,000 IoTechnology System Improvements 2,622,000 2,931,750 4,63S,338 2,185,338 1,353,588 13,728,014 pace Renovations 50,000 0 trOTAL 53,122,000 $15,764,879 525,964,457 59,350,338 57,086,282 $400,000 561,637,95< NOTES: . - These projects arc ourrcntly being oonsidcrcd by the Citizens Facilities Committee and have not been approved by the District's Board of Education. This information will be fanalized before the end of the 1995/96 school year. 1. These fees arc currently being held in a King ColUlty and a City ofFcdcral Way impact fee account, and win be available for use by the District for system improvements. 2 These funds come from various sales of land and arc set aside for estimated expenditures. 3. Guaranteed state match reimbursements. 4. These funds, if secured, will be used for future projects. 5. These arc projected fees based upon known residential dcvclopø1C11ts in the District over the next six years. 6. These funds arc X"ojected state matching funds. 7. These funds arc projected land sale income. 8. These funds arc projected from grants and other operating funds. 9. These fees represent the cost of moving and siting existing portables. The District may choose to purchase new portables in the years shown. This estimate may also include the cost of purchasing these portables. FYNANCE.XLS 5/14196 3:13 PM 1-6 EXHIBIT PAGE II C OF 35 . < . . . . . . ~ -- , . I . . . . . . . . .. ". SECTION n - MAPS OF DISTRICT BOUNDARIES The Federal Way School District (the District) has twenty-three elementary schools (grades K-6), six junior high schools (grades 7-9), and three senior high schools and Hany S. Truman High School (grades 10-12) for the 1995/96 school year. On March 13, 1995, the Federal Way School District Board of Education adopted the 1995/96 boundaries for these schools. These boundaries are currently under review by the Boundary Committee and may change within the next three months, The following maps show the service area boundaries for each school for each grade level (Hany S, Truman High School serves students fÌ"om throughout the District), The identified boundaries will not change in the near future unless it becomes necessary to relieve overcrowding in schools, The Growth Management Act requires that a jurisdiction evaluate if the public facility inftastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have pennanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility, School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. II-l EXHIBIT PAG E I d-. ~ OF 35 j. . 'J 995/96 Eiementary ~3c¡'1ooi Boundaries --' L E F -..... --.....G I H .,m ,m\,.~~!)n.'!QI~!~\Y..ff:--~:'I~~;~J'~~ , \~~~~:=_--_m'~N-,n:~:-1 I \: ::,.. . ..,. -.. . rR~"""-- ;~" i i 1 , ,! ¡;;;5j: w ._.....~.-::: I ~. ~Ifl:~ ,:!.~' ¡ z-". Or ~ . ¡ . /. ~ '. ;...,.. . ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS ';'4 ,- ; ,~.' - ~~'~'-.- . r ':~ ,:,: :~! -. rL- Code-- . Code-- . ,:.,:1.\ å h=-,ll :@Ilt:,: I ~.,." ~!~~- : ~~ ~~:~~:n;~ ~ ~i~:ee ~~ 2 ;.'! ~~ ~l,_~, . ~:-::. ïïll .L' ~,! ~ ~~~"'b ~~ 2 28 Camelot G-5 62 Lakota 0-6 - ~...:. : ! .. : lJ I -- . <' 22 Entsrprise 0-9 81 Sacaja_a E-5 -= . 1':7,'.: ~ -" . ¡ I. ¡ Ii' .. -, : 14 Green Gables A-7 70 Saghalle C~ --~. " - . ,ft", . - '.. ,: 30 Lake Dolloff G-6 65 Totsm G..J . :...;r~'......;...,.i~": -; -:- ¡ " :¡ t~' : 11 Lake Grove 0-6 8 Merit f-6 '.~, ....p..,.~ . ,:i." . UliUt: 33 Lakeland f-9 ~ . " L,', ~- ,. .!I.Æ~: : ' :::', t , --,: 2 Marl< Twain f-<4 ,\ -. ~: vi __,.lift::., ",,:!,-- ~ ! iI : 29 Meredith Hill H-5 SENIOR HIGH SCHOOLS 3 !, -;,.. " I/j v.~ ""'jj2'.-. ~ ~ ~ ¡ J 6 Mirror Lake E-6 '.1,."", ",:" ~ ....'" .-. ¡ . " i!i: 5 Nautilus E-5 Code -0 . ;,1 ,., '.. II: 15 Olympic VIew Co7 !~. ~,: ¡. . ~ : 21 Panther Lake E~ 80 Decatur C-6 '~, pol', ~m:~ - -- ~ . 37 RainierView f-10 81' fecleralWay E-5 .J - 1.11' 'I = ¡.. '.... ' I 41 Sherwood forest D-ð 83 Thomas Jeffenoon G-<4 - - woo.. ,""iI:11 ~ . .¡¡~ ..nO:¡¡' ~" I - 24 Sliver Lake 0-7 8 Hany S. TNman f-6 NACH ~ ':t.. . I If! ~ 'SJ;":-' .-. , 26 Star Lake G-3 8 Merit f-6 i . . '4'-;"~:~' ......:' (i""" ; 25 Sunnycrest G-2 . ~1J...:~ ~f.!--;J 0' 0 <;:>,~: . rr ~...._~ ~ 13 Twin Lakes 8-6 ms 4 &J" -~!: it,., , : ,- ~.1111 .: : . D;' 27 Valhalla G-<4 future School Sites - .. , ' "':'.!! ,."'1 :~ ¡'t'i"""... IïI '-:' "J-..' ; 4- 7 Wildwood f-5 Surplus Sites - w;: ! '" - -,~ iil : -, , 1 Woodmont f..J -:::.. ;'r"""'- ; , ,_. . ¡ ! 100 Educational ServIce Center f-6 .' , -. . .. . L " Future Support ServIces E~ - Code--. ....... ~. ' ......, ~.. -=,~ '"' ii, . 17 ~:œna~Tranaportation E-6 - ~~ ~:'~Þ;'I~~".. .' - ~ ~ J51 a - ~ ~J i{\ - _r-:r:~"'iIC ~'-'- -, - - --. '1i!l$' . ~I' ,F1-DE~L WAY. ~ASHINGT~N.nd V1~~NI7: ~~c: ~~-t'~=~ ..~~:'f ~I'_~':d~:-. < , .:' -' . ~' ~} I .D -j ,,' ;Jc.;'- - - . ~~-I~ ", . ..~ - SD- .,..1 I =. . 0 ,. -~,!.; . . ,~ ,", ! 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I t"~=""'" ~ FEDERAL WAY SCHOOL DISTRICT No- 210 . . . . . . . r . . . . . . . . '= 11-2 PAGE i3 OF 3S I -', . 1995/96 Junior High School Boundaries - :u u_\ ~ ~~~~{ . ;~~~ ELEMENTAllY SCHOOtS JUNIOR HIGH SCHOOlS -L~:' ,I" ¡~;:. .' , . ,/ ~, 6;~ I COde--. Code... ':~~~L ;':':H ¡~¡I¡t '1 )';J'~~:- "/f '; 10 Adelaide C~ 64 lIIahee E-9 ¡ ~~' ; ,..: ~ ;: ... -: . ~". - ~: 16 Bt1gadoon B-8 66 Kilo G~ 1 "I -:,~. -:u: ,-- - ~ ' \., ~-."~ .;.o.b : 1 28 Camelot G-S 62 Lakota O~ :L. ,,¥' ¡ ; )~ -. '.ë 1" Green Gables A-7 70 Saghalle C-8 ~-' - . , : Dolloff G~ 65 T G-J "" - . .-. 1#--'1""". - . ... - . 30 Lake otem "ww ,",,:.:::;::¡ ._.~. ., .,~ .' 11 Lake Grove D-6 8 Merit F~ I ¡:::; , - :.", ~.~ ~ ..,~ . ¡ 33 Lakeland F-9 t ::::2.::m ~~E¡¡ 1:1 ;:,::. 'Iii/ e ¡ 2 MarttTwaln F-04 ~-~ ~ t-'1".-.:.~ ':.~ II""'! : 29 Meredl1h Hili H-S SENIOR HIGH SCHOOLS j , ..J;{ 1- ~II" !I e" "'.. ..,. J~. I ¡ J 6 Mirror Lake e~ . """'l.: -", iL. ... . ¡ ,:i5 : 5 Nautilus E-5 Code -- . I.J .~..' " '. , ¡ I ~~ ~~=~:: 80 Decatur C~ ,~._- ;: J~ ¡ -. - ¡-..:tl'" ! 1 37 RalnlerView F-10 81" FederalWa'l E-S ~. 1 J " I . I I ¡ ,I "1 Sherwood Forest D-8 83 Thoma. Jelferaon G-04 . :J.. Íf1 . ., ~ ...~< , I "i .. ~I!'I ~ ' 2" SlIwrLake 0-7 8 HanyS. Truman F-8 ",c-. ,~rJ'C.I;" I¡~JI;-;¡ \ I - 26 StarLake 0-3 8 Merit F-8 .. . 'fo!'~¡I4?~ ;::~o~~" ¡ . 25 Sunnycre8t G-2 ~-J';9 ....-. f.". rg?~[¡!.. i! ~'r+-. ~ ~::::,~k" ~~ ' FutureSchooiSItes-! 4 ~Ii":t .J1 ~.' '"~--':"~111'1 ~~.~~~ \! 4 7 WIldwood F-5 Surplus Sites - b 1.; ¡. ~ ~¡:7:: .-. )¡ 1 Woodmont F-3 0:.::... . / ~ .< r="'- ¡. : 100 Educational ServIce Center F-8 "t~. '" '~N'-;-¡:' -, ~ ; " FutuJ'eSuppoct8ervlcee E-8 = Code-. .~'. . ~ "-0 III(.' ,. .. "=~:.¡ 87 ~Tl'llrI8portation E-8 ~ .... f!! 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I -"-' .¡ c, ~::""*:~:'w7':;;" :::~~':.- " ....- . t"OO< I J- .~ 9 II K I i; ...~::::;...... ./ FEDERAL WAY SCHOOL DISTRICT No. 210 ... - :~ .. .. -u-'---' 11-3 PAGE JLf OF- 35 I , -", . 1995/96 Senior High School Boundaries E !,!S MO<.fS F ""=-'"":"; ';:::- G J H '.. FEDERAL WAY SCHOOL DISTRICT No, 210 .,.,- --'\--,~~. h'h'\rJ'~~:-:~:~~";¡C'~-~{ \---~~::~'------'N"' ',--':~'-'~ I \¡or,;;:,. ,.::1'- /1."5/.. ~ :, .' L;::~~ ""._..';._::~,:-, ~¡:',/!' ¡ CocM -- . Code -- . , :..."1 _I ~ II i@P~ . ~,.~:-:. /.~ : '1: 10 Adelaide C-ô 64 lIIahoe E-9 ¡ J~ ~l ~~~' ITIU ~ '.'~ ~, j ,>,. 16 8rtgadoon B~ 66 Kilo G-6 Z ;.' ~.~. .,' """",+, r-'1!f::; ~À' .",n : z ~~ ~~:~~tse g~ :~ ~~::wea ~~ ~:~. .~"'Y ',;A': .~.~~!.M 'I-' ""':.' I "'. : 14 Green Gables A-7 70 Saghalle C-6 ....... 0 ... . ...,., ," '- ,: ~ 30 Lake Dolloff G-ô 65 Totem G-3 ' '~,.', - ..:. r,. ;$' -;~,. ::l . . .: 11 Lake Grove D-6 8 Merit F-6 ¡::::;, ~.-:; I~":";..¡. -~r:':;'::> ~ìi f"" ¡ 33 Lakeland F.9 :::: 7/. . . - .; , . -- ~ -: .,' 2~ ::~~;a~711 ~~ SENIOR HIGH SCHOOLS 3 ,=-i~_¥Ij ~ -¡,..J ::;~. ~~, ._;~ j J ¡ 3 6 MllTOr Lake E~ '"'...,. , : ~ 'L "- .. .-. . : <:, 5 Nautilus E-5 Code--. I .:",,'7'~~:::';:'t "., ¡ . 15 Olympic View C-7 ~... . . 21 Panther Lake E-6 80 Decatur C-6 , ",'/. ~ ¡ ¡ . j -.' - i: 37 RalnierView F-10 81' FederalWay E-5 M . 11' : ¡/..- .: ~ 24 Silver Lake D-7 8 HanyS.Truman F-6 HoW< .". rf l!t.. ..' ""'~-iÞ. -. 26 Star Lake G-3 8 Merit F-6 ; . . ~i~. j.ji'..~. t""'" \ . 25 Sunnyc:rest G-2 U > h.:B I~ ~.!." - c::."~~Ii!-' f'" ""-~..._- ...l.... 13 Twin Lakes 8-6 4 .~" . . "~ . '-\ -";1 :~I!t ¡ 1 ;~.~ ..,-, 2~ =::~. .~:: ~~~~sS~~~ISltes=: rn ~:..- '? " "~~.\ ¡i1:¡¡,~,..'r ,(_~DO. J¡ 4 1 Woodmont F-3 -, j""' \1 ':(.-- ' .- ,.., r-_, . 100 Educational ~ce Center F-6 . ;; i- . ""'- ':- , , - '. ¡ ~ ; 99 Future Support ServIces E~ = Code--. ..., i~. ~', . ~,'" , ... ", ~.. ,,=,,=!!!: Þ :1 97 Malntenance-Operatlons-Transportatlon E-6 ~~":~ "". .' -. ::.t'~ ._,' , , ~ . Ii-..! !jl Parka- ~ ~ ~,"~.¡:'~.<~ '~;.==" fFI -'~ " - - ~H'. I~~' FiDE~L. WAY, ~ASHINGT~N.nd VI~INI~T~r~C' ~.~(t~.i!J~:.'~ ~[)-E~ -~~':~ -. "~~;' ,lßo:' I f'~~ I I .0 ~f-~j..~~~._-;;:~~- .' ¡: -~. .:.~ ~' - . ._1-';«' ~: :- <". so" '~~'j .! :IJ¡:¡ .., ;1"'. -~. . ~~@., ~~:~ ~ I(~ ~-~., .~. ;t!!'!r. ,. %i-~.......~ ~~"'J'~I.."~~mJ -l'_, ~~qi I .- ~' "' ::Xfsi~i'í~' ~-:~.""~,, I' .1" I -- \\IIt::'::"". '~7. -Uti ,. <.~"---": roo...'" < ~' ~\~..;\1'1 ~'<;;:] 'f-¡ -" "- - .. ,.-,~, - "" '.. "'..,. ... '... I ~.".; .:=--. { I 'iiI '1£~\" ~:~v.:::>1:-:.II~:.. F~~~. ':;'~ ~.. "" ~~!fl- í.,'- .,'~ I.. ;,...~~ <" 6 -'....... ~") . ~.~. ;1. 'J~ -.... ..;.~ - "- ""'< ,- '.'" .~... 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"'-"""1 .-.~ ¡;u; ~.u/ 8 W E fi."~~ F :':~"i' ',. ~'.1.:1 !13 If / /i ~~~ "~Ø'.~~.Jm.. ¡' ,~ ::ï ~ ~ . ~~' . = ~ ~. ~~~~_'!!>.~ ",,". f!:I' ; ¡ -.~=- ~~~ ".~\ ~ ~~-, :~~J~~ .~~-Jj:;¿~' ~;ft::Æ¡; "~;~~~J ..~::.~ ;;1 ;I~I :I¿I~:.: . : . ,:l ~~. .:;"'M~>", ';'!,. ,Oo'? '~:¡..';l J -::'=.:- ,,~ i~.~"~'! : :".! ...:-: = -, ,Q 1- .. -JA" i ,~~ ~';"9:; 9 ,,:r~~C'.. :" . <~ --,:c'c ~ ",:,'~ f%;,:'-' ..... . "- §I !1 ' :""',,:uu:. ' '\l'~~~~"-~'~-' ~c '~Jj\;c~~;j,~'d~ ~}~Il~-: ,r- ~ j ~~~! ! It ~ ;'I~.~1¡~f.F.:!ê W ¡, ;~; ..~. ;. , "'~~;. .....:'" >,<F'~;:, ": . i ~ 'rt:';:: ~ ~'I< "-8L¡':1 T---t' " ~ ¡ ~ ,.:£. ;,~ .. '",.. '" -. ~J;;,r, ~ K" : .: " i 10 " .l"" Iii l ..... ; , . ;/; ~ ~,IO 4 'ìf' ' "- ~ Ô -',I - ~: :;¡ .. . .~ Federal Way Public Schools i ~ ~ .,u";" !" .-. ~i ::'~.; . ......1., " r.rill,;.. ¡ '. "fI( 'Woo c.:,...!I " f ... .. , C ..... "'u_-_..... ....,œ- .......... ......, .'LTON I ._~ ~r-' II'\. I ! I )'I'..::n~""" -'-- .......w.,.w.- m<... /I E F ~.f" I - .- '8" -- H J .. 11-4 PAGE 15 OF 35 . . . . . . . ~ . . r;f. . . . . . . . . SECTION ill - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast - 1996 through 2001 Capacity Summaries King County Impact Fees - Single and Multi Family Units 111-1 EXHIBIT PAGE I to C OF 3S ~ . . . . . . . II I I I I Building Capacities T1Üs Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. The District has identified a Building Program Capacity for each of the schools in the District. Tills Full Time Equivalent (FTE) capacity is based on: . the number of classrooms available in each school any special requirements at each school the average class load district wide . . In general, the District's current standard provides that the average class size for a standard classroom for grade K-3 is 24 students, for grade 4-12 is 27 students, Gate classrooms are 25 students, individual education programs classrooms are 15 students, and special education classrooms are 12 students. This size is determined based upon current ratios and trends as well as the classroom physical size. Educational Program Capacities change every year. This analysis is for the 1995/96 school year. The capacity of an individual school could and does change at any time depending on program changes which may require additional space. , ~ "I I I I 111-2 I EXHIBIT PAGE I Î ~ OF 35~. . . . . . . . . . . ~. . . . . I . I I ~. FEDERAL WAY SCHOOL DISTRICT #210 - 1995/96 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING PROGRAM CAPACITY JUNIOR HIGH BUILDING PROGRAM CAPACITY Adelaide 507 Brigadoon 492 Camelot 315 Enterprise 507 Green Gables 468 Lake Dolloff 543 Lake Grove 492 Lakeland 432 Mark Twain 531 Meredith Hill 456 Mirror Lake 390 Nautilus 512 Olympic View 456 Panther Lake 489 Rainier View 402 Sherwood Forest 543 Sìlver Lake 516 Star Lake 488 Sunnycrest 426 Twin Lakes SO3 Valhalla 429 Wildwood 441 Woodmont 429 1995 TOTAL 10,767 lIIahee 885 Kilo 873 Lakota 770 Sacajawea 799 Saghalie 803 Totem 731 TOTAL 4,861 SENIOR mGH BUll..DING . PROGRAM CAPACITY Decatur 1,116 Federal Way 1,252 Thomas Jefferson 1,193 Truman 194 TOTAL 3,755 Notes: Elementary program capacities are based on the number of teaching stations in the building, average class size, and special use classrooms in place during the 95/96 school year. Secondary program capacities are based on average class size, using regular classrooms six periods per day, and special use classrooms in place during the 95/96 school year. For the senior highs, excluding Truman, we use 90% of this calculated capacity. Next year the capacity at Totem Junior High may change due to space renovation as described in the introduction to this Plan. CAPALL.XLS 111-3 EXHIBIT PAGE 12? C. OF 35 .) . . . . , . . . . . . . , , " I I I I Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and trom year to year. Portables are used as temporary facilities or interim measures to house students until pennanent facilities can be built or boundary adjustments can be made. When pennanent facilities become available, the portable(s) is either moved to another school for an interim classroom, or used for other purposes such as storage or child care programs. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of the Federal Way School District that portables are not acceptable as pennanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by the Federal Way School District. III-4 EXHIBIT C PAGE~ OF 35 .'. . . . . . . . WI . . . . . . . . FEDERAL WAY SCHOOL DISTRICT #210 - 1995/96 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLES LOCATED AT ELEMENTARY SCHOOLS NON INSTRUcnONAL 1NSI'RUCJ10NAL Adelaide Brigadoon 1 Camelot 1 Enterprise Green Gables Lake DoHon 2 2 Lake Grove 1 Lakeland 1 1 Mark Twain 1 1 Meredith Hill Mirror Lake 2 1 Nautilus Olympic View 1 1 Panther Lake 2 1 Rainier View 2 Sherwood Forest 5 Silver Lake 3 Star Lake 4 Sunnvcrest Twin Lakes 2 1 Valhalla Wildwood 1 Woodmont 2 TOTAL 31 8 PORTABLES LOCATED AT JUNIOR HIGHS NON INSTRUcnONAL lNSTRucnONAL Illahee 3 Kilo 3 1 Lakota 1 Sacajawea 1 Saghalie Totem 1 TOTAL 9 1 PORTS.XLS 1II-5 PORTABLES LOCATED AT SENIOR HIGHS NON 1NSTRUCJ10NAL INSTRUCJ1ONAL Decatur 4 Federal Way 1 Thomas Jefferson TnunanlCBE/Merit 5 1 . TOTAL 10 1 PORTABLES LOCATED AT SUPPORT FACILITIES Science & Testing Kits 1 5-Mile Lake 1 Purchasing 1 Cloiling Bank 1 TOTAL 4 EXHIBIT PAGE ;)0 C OF 35 I . "'. ~ .- ; . , .. . . . . ,. . . k I 18 . . . I . t I at Student Forecast The District has several methods available to forecast the number of students it anticipates in future years. For the last six years we have used a computer software program called Microsam, developed by The Omega Group. During this time period, the district forecast has been within 2% of actual October 1 st attendance. This year the District is also using a program called Enrollment Master and a statistical trend method for comparison. Enrollment Master is a statistical model that uses feeder school infonnation, cohort survival, and historical student data to forecast future student enrollment. Microsam uses several elements to develop a forecast. The key is to detennine the number of students which will come ftom each housing unit in a geographical area. The number of students is evaluated using historical data. The student database looks at the number of students who have: . moved ftom one grade to another transferred in ftom another school remained in their current grade . . We have forecasted the future enrollment using a comparison of the three forecasting methods. The three methods produced a low, a medium and a high forecast. We used the medium forecast. This method most closely matched a trend of enrollment that is increasing or decreasing at a rate that is different that a standard grade progression model. This forecast represents a very conservative estimate of future student populations. This forecast was used in the Budget process to forecast future staffing needs. These estimates may change based upon the actual enrollment in October 1996, and be reflected in the 1996/97 Capital Facilities Plan. The number of housing units is based on the current number of housing units as identified by King County's Land Development Infonnation System (LDIS), plus the projected number of housing units based on building pennits and plat applications issued by King County, City of Federal Way, and City of Kent Building Departments. These projections reflect a similar age trend in student populations as the projections published by the Office of Financial Management of the State of Washington. 111-6 EXHIBIT PAGE J. c~ OF 35 . . I -I . . . . . I . I I I I I I I I FEDERAL WAY SCHOOL DISTRICT #210 -1995/96 CAPITAL FACILITIES PLAN FEDERAL WAY SCHOOL DISTRICT STUDENT FORECAST ELEMENTARY SCHOOLS K 1,723 1,750 }292 -~.!~..3..~ ......_..~!_~..~ ...........~.!2.~~ ....._.J..~?-~~ ----- - 1 . _),72I .---1,767 1,79~ _1.!~..3.2. .__!~~2~ 1,906 ...........!~2.~~ ..-.--- f--"'-"'-"" 2 _-.!~~ ..-!¿85 _..J.J..Q~ 1,724 ...._.....~.:}4I ....._...!!2~2 ......._...~~?~~. ...--- ..-.-.-....... 3 1,608 1,604 1,60~ 1,609 ~-1~~.10 ......._~.!2!.~ ...........1~~~ ....-. .... ...- 4 1,584 1,624 1,621 1,62~ _.!1?~! 1,625 ._._-1!241 -.---- -' 1---'_"00"- 5 --1616 _~2 .._!!J3~. 1,630 .........00!1?~! ...........~.!§.~3. ............~~~.~?- ... -....-..-..." 6 1,632 1,619 1,603 1,635 1,632 1,633 1,649 JUNIOR HIGH SCHOOLS 7 1,638 .--..h~3. __.h~} -_...~.¿n _oo....!~~~ ._oo....k§'~.~ ......_..~~~.~2 .. .. 8 --.!~654 __1,614 ---1,635 1,625 _....._.b2)..~ _._...!!§..~ .....__.!!2.~~ ....-....-.----- -....-...--.. 9 1,600 1,620 1,584 1,603 1,594 1,583 1,587 SENIOR HIGH SCHOOLS 10 _........!oj 18 1,615 !~~~~. oo_-).!§.Q.Q .._..oo..~z~!.~ ...........!.!§.Q.2 ..._.._!z~.~~ -... - 11 .._...11~~ ._..J..!~97 ..._...!~!~~ ._......!!~!? .._......!!~}..~ ...........!!!~2. .._....!.~1.?}. ...."..---..-...-- 12 1,235 1,267 1,312 1,335 1,340 1,332 1,345 ENROLLMENT-HEADCOUNTSUMMARY ~~~ (HÇ1_.- _....!.~1?Q ........!l.! 64.~ ........!~!..?~ ...._~!!.~~! .........!!.~~~ ........!~?Q2.Z .........!~z~.Q2. !rHi,gh 4,892 - 4,897 _~~70 -_..~!!~.? __.~..~2~ ....._....~!.~..~.~ 00_....1!..~?1 SrHigh 4,073 4,279 4,385 4,382 4,390 4,381 4,421 TOTAL (HC) 20,515 20,824 21,011 21,131 21,251 21,362 21,527 ENROLLMENT - FULL TIME EQUIVALENT (FTE) SUMMARY Elem (FTE) .......}.9.!289 .........~!22~ .......}.Q!.~.~Q. .._...!Q!.~~.Z .........!..~.~2.~Q ........!.!.!.!~.~ 11,242 ....-....."......-...... !!.!!ì..~........_... ...........~.&2~ ..........~!.~2.Z ...........~.~~.?Q ........:..~!.~~.~ ...........~.&?~. ...........~!.~~.~ ...........~.&~2 SrHigh 4,073 4,279 4,385 4,382 4,390 4,381 4,421 TOTAL (FfE) 19,654 19,949 20,115 20,214 20,313 20,403 20,560 CFPFCST.XLS 5120196 U:IOAM EXHIBIT PAGE ~Á III- 7 L OF 35 . -", Capacity Summaries All Grades, Elementary, Junior High, and Senior High Schools ~ . f t . . 'II r . . . . . . . . . . The Capacity Summaries combine Building Capacity infonnation and the Student Forecast infonnation. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the district to use temporary facilities or interim measures. The information is organized in spreadsheet fonnat, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, junior high, and senior high levels individuatty. The notes at the bottom of each spreadsheet provide infonnation about what facilities are in place each year. 111-8 EXHIBIT PAGE Å~ C OF 35 ", . ~ . . . . . . . . ~. . . 18 . . ~ FEDERAL WAY SCHOOL DISTRICT #210 - 1995/96 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - ALL GRADES CAPACITY BUILDING PROGRAM CAPACITY Actual 1995 - - Projected - - 1997 1998 1999 2000 2001 1996 19,383 19,433 19,633 19,633 19,633 19,633 19,383 Add or subtract changes in capacity due to construction or remodel Panther Lake, Olympic View, Valhalla, and Lake Grove (2) Totem Junior High (2) Dlahee Junior High (2) Adjusted Program Capacity 19,633 19,633 19,383 19,433 ENROLLMENT I Basic FfE Enrollment 119,654 119,949 120,115 1 20,214 120,313 20,403 120,560 I SURPLUS OR (UNHOUSED) PROGRAM CAPACITY RELOCATABLE CAPACITY Current Portable Capacity 1,250 1,250 1,525 1,450 1,450 1,450 1,450 Add or subtract portable capacity ¡¡nŒJiIim1J :mriïimm ¡f«.tií1i ~lff.liiig]¡¡ :æŒïîM@ ¡¡i1mI~~~¡~~¡¡ I::?Wájiit ,".".'.' ", ,. <. ...:.:'io:""",.Xw., Adjusted Portable Capacity 1,250 1,525 1,450 1,450 1,450 1,450 1,475 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 980 1,009 968 869 770 680 548 NOTES: I. Relocatable Capacity is based on the number of portables available and other adnúnistrative tecluùques which can be used to temporarily house students until pennanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. Trus pennanent capacity is a projection only. This information will be confinned when the actual architectual plans are complete. CAPSUM,XLS YIY96 1:49PM EXHIBIT C PAGE~ OF 35 I ". III-9 I . . . . FEDERAL WAY SCHOOL DISTRICT #210 - 1995/96 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - ELEMENTARY SCHOOLS Actual - - Projected - - CAPACITY 1995 1996 1997 1998 1999 2000 2001 BUILDING PROGRAM CAPACITY 10,767 10,767 10,767 10,867 10,867 10,867 10,867 Add or subtract changes in capacity due to construction or remodel Panther Lake, Olympic View, " Valhalla and Lake Grove (2) ",', '", ", :';.¡ " 100' >,'" ,.., ,~"" ,,' ::, Adjusted Program Capacity 10,767 10,767 10,867 10,867 10,867 10,867 10,867 ENROLLMENT J Basic FfE Enrollment 110,689 110,773 110,860 110,967 111,050 111,138 111,242 I SURPLUS OR (UNHOUSED) PROGRAM CAPACITY RELOCATABLE CAPACITY Current Portable Capacity 775 775 775 675 675 675 675 "" Add or sublra::lX)1ablc capacil\' (100) Adjusted Portable Capacity 775 775 675 675 675 675 675 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCA TABLE CAPACITY 854 769 682 575 492 404 300 NOTES: 1. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. TIús permanent capacity is a projection only. This information will be confirmed when the actual architectual plans are complete. CAPSUM,XLS Sfl SI9ó 1:49PM EXHIBIT PAGE ÅS C OF 35 III-IO . . . . " í , FEDERAL WAY SCHOOL DISTRICT #210 - 1995/96 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - JUNIOR HIGH SCHOOLS Actual - - Projected - - CAPACITY 1995 1996 1997 1998 1999 2000 2001 BUILDING PROGRAM CAPACITY 4,861 4,861 4,911 5,011 5,011 5,011 5,011 Add or subtract changes in capacity due to construction or remodel """','h....h.... ."'m,,"h'.."" ......h."""h' "h..............,. hh....h....... """""",.,..... """"",""oW,' Totem Junior High (2) SO, ,, " " :' ,;j:,;/<,:, " ,,' ' ,~"" Dlahee Junior High (2) ~",::'>';,i" JOO ;"., ':" ~,' ,'", ^"'<i,',",', ~ ,:1:, ':, ",{,¿ Adjusted Program Capacity 4,861 4,911 5,011 5,011 5,011 5,011 5,011 ENROLLMENT J Basic FfE Enrollment 4,892 I 4,897 ~ 4,870 I 4,865 4,873 4,884 I 4,897 ~ SURPLUS OR (UNHOUSED) PROGRAM CAPACITY RELOCATABLE CAPACITY Current Portable Capacity 225 225 225 125 125 125 125 Add or subtract J)ol1;lblc c,apacit\' (IOU) " Adjusted Portable Capacity 225 225 125 125 125 125 125 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCA TABLE CAPACITY 194 239 266 271 263 252 239 NOTES: I. Relocatable Capacity is based on the number of portables available and other administrative techniques wlúch can be used to temporarily house students until permanent facilities are available. Tlús is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. This permanent capacity is a projection only. Tlús infonnation will be confirmed when the actual architectua1 plans are complete. CAPSUM.XLS .SI1Y96 1:49PM EXHIBIT PAGE ~lo c OF 35 . ~ III-II , J FEDERAL WAY SCHOOL DISTRICT #210 -1995/96 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - SENIOR HIGH SCHOOLS '1 J I I I I I I ~'I I I I I I I CAPACITY BUILDING PROGRAM CAPACITY Actual 1995 1996 - - Projected - - 1997 1998 1999 2000 2001 3,755 3,755 3,755 3,755 3,755 3,755 3,755 Add or subtract changes in capacity due to construction or remodel ....,...:.:~;.;~..<.:~:~:..~ "<"~~':'7r::~ ;~~~ztT:::~ .:~:.:?~'~~~'~w< :.~~,.:.:.':.:.:.:.,,~:.:.: :~:T::':':~~':':"'::' .:,>=~~~.:.:.:.:.:.:.:.:.:.:. Adjusted Program Capacity 3,755 3,755 3,755 3,755 3,755 3,755 3,755 ENROLLMENT t Basic FIE Enrollment I 4,073 I 4,279 I 4,385 I 4,382 I 4,390 I 4,381 I 4,421 I SURPLUS OR (UNHOUSED) PROGRAM CAPACITY (524) (630) RELOCATABLECAPACITY Current Portable Capacity 250 250 525 650 650 650 650 ::::::::::::::::::::::::::~:~:::::::: :1~~i.1~1~¡@ ¡11¡ijil:l¡: '.'.W.'.'.'.'.'.'.WN.W.'. .w.'.'.'.'.'.'.'.'.'.'.'.W. ¡m:i¡~¡~¡¡~@:~ I@[isil¡::¡ Add capacity """""""""" ................. subtract portable .................... .................. or ::~:~~~:~~:W~~~~W~~~~~ ~~~~~~~m~~~mm~~~~~~~ ~~~~~~~m~j~~~~~~~~ Adjusted Portable Capacity 250 525 650 650 650 650 675 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCA TABLE CAPACITY (68) 1 20 23 15 24 9 NOTES: 1. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until pennanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. This pennanent capacity is a projection only. This information will be confinned when the actual architectual plans are complete. I I CAPSUMXLS YIY96 1:49PM III-12 EXHIBIT PAGE ~'ì C OF 35 King County. the City of Federal Way. and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To detennine an equitable fee throughout unincorporated King County, a fonnula was established. This fonnula can be found in King County Code 21 A and was also adopted by the City of Federal Way and Kent. The fonnula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS The Federal Way School District student generation factor was determined separately for single family units and multi-family units. The factors used in the 1995/96 Capital Facilities Plan were derived using actual generation factors ITom single family units and multi-family units which were constructed in the last five (5) years. - IMP ACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the' Growth Management Act. $2,594 $1,462 I Single Family Units Multi-Family Units III-13 EXHIBIT PAGE ~'6 C OF 35 -', liP .. ......,.....- FEDERAL WAY SCHOOL DISTRICT #210 -1995/96 CAPITAL FACILITIES PLAN STIJDENT MITIGATION FACTORS NEW CONS1RUCTION IN PRIOR 5 YEARS Number of Number of Number of Number of Number of Elementary Junior High Senior High Total Single Family Multi-Family Elementary Junior High Senior High Student Student Student Student DEVELOPMENT Dwellings Dwellings Students Students Students Factor Factor Factor Factor Parkwood Campus 26 0 12 4 0 0.46153846 0.15384615 0.00000000 0.61538462 Campus Ridge 22 0 5 3 1 0.22727273 0.13636364 0.04545455 0.40909091 Alder Glen 44 0 11 2 1 0.25000000 0.04545455 0.02272727 0.31818182 Mirror Lake Terrace 19 0 7 3 3 0.36842105 0.15789474 0.15789474 0.68421053 Mirror Lake Glen III 22 0 8 2 2 0.36363636 0.09090909 0.09090909 0.54545455 Ridgewood (DiY 8 Alderbrook) 81 0 25 13 15 0.30864198 0.16049383 0.18518519 0.65432099 Campus Highlands (DiY 3 & 4) 151 0 61 20 15 0.40397351 0.13245033 0.09933775 0.63576159 Total 365 0 129 47 37 Averages :O;3~ö\' " """'Oj25 . 0.086 ,."'.. "0:552 -. -. -. 0 0 0 0 0 Õ Number of Multi-Family Dwellin~ 54 96 105 130 172 557 Number of Elementary Students 9 13 56 22 8 100 Number of Junior High Students 3 3 9 3 0 18 Number of Senior High Students 3 2 4 6 5 20 Elementary Student Factor 0.16666667 0.13541667 0.53333333 0.16923077 0.04651163 Junior High Student Factor 0.05555556 0.03125000 0.08571429 0.02307692 0.00000000 Senior High Student Factor 0.05555556 0.02083333 0.03809524 0.04615385 0.02906977 Total Student Factor 0.27777778 0.18750000 0.65714286 0.23846154 0.07558140 DEVELOPMENT Steel Lake Estates Barclay Ridge (40%) Chrystal Point Crosspointe Forest Village ~ III Total :Þ X Averages rh I ~~ Number of Single Family Dwellings þ. , "0'210' """",,:,',",:""::.' '.,:.. 0.039. " :0:0380;287 0 'TI I , W con (J YIEl.D.Xl.S 3126196 8:33AM ~ -- . . . -. . . . . . . . . , . FEDERAL WAY SCHOOL DISTRICT #210 - 1995/96 CAPITAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Facility Cost. I Elementary JrHigh Sr High Facility Student Factor Student Factor Cost! CostJ Acreage Acre Capacity 8FR MFR 8FR MFR 10.00 ...........J.~].~Q2.. 456 .340 .210 $34 $21 ................,............. .......................,.... ........................."....... ...........................,.... 30.17 ..._.....~.ZZ!:..6.- 731 .125 .039 $40 $12 .............................. .......".........-..- .--......--.-...,.. .........-.........,......... 0.00 $0 0 .000 .000 $0 $0 TOTAL $74 $33 Facility Co Student Factor SFR Cost! 8FR Cost! MFR Student Factor MFR School Construction Cost: % Penn Fac.! IS F Elementary Jr High SrHigh Facility Tota )q t st Capacity 97.45% $9,206,000 456 .340 .210 $6,699 $4,136 --.--. -..-..,.-... 97.45% $13,296,000 731 .125 .039 $2,222 $693 -....-.-..-- ..__.....__..~_.. 0.00% $0 0 .000 .000 $0 $0 TOTAL $8,921 4,830 Temporary Facility Cost: % Temp Fac. Total Ft 2.55% ---.. 2.55% 2.55% Facility Facility Cost Size ..E2.i.14 7 ----~ _EO,147 .._...~~ . $70,147 25 Student Student Factor Factor sm MFR .340 .210 -'-" -...,-..... .125 .039 - -..-...-.. .099 .029 TOTAL Cost! 8FR $24 $9 $7 $40 Cost! MFR $15 $3 $2 $20 Elementary Jr High SrHigh State Matching Credit Calculation: Boeck Cost! Sq. Ft. S F S d Elementary Jr High SrHigh State M h Student Factor SFR Student Factor MFR Cost! 8FR Cost! MFR sq t tu ent atc $92.02 80 58.69% .340 .210 $1,471 $908 ..-..-..."..--. ""'-"""""'-""" ......-.........-... """'-""""""""'-"" ..........-............"..... $92.02 110 58.69% .125 .039 $745 $232 .........-..-....-..... """""""""""""'" ............................ .......-......................... ................................ $0.00 0 0.00% .099 .000 $0 $0 Total $2,216 $1,141 Tax Payment Credit Calculation Average Assessed Value (March 96) Capital Bond Interest Rate (March 96) Net Present Value of Average Dwelling Years Amortized Property Tax Levy Rate Present Value of Revenue Stream IMPCTFEE.XLS 3120196 1/:09 AM 8m MFR ....~.~.~~!Q~.~...... ......~Z!l~~_.. 5.05% 5.05% ...m........................ .........-.--.....-.. ..~.~!.2}~!§'~.~.... ...J.~.!1}.2.~... 10 10 """"""""""""""" """""""""""--" $1.58 $1.58 $1,632 $817 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost PeCIruUlent Facility Cost Temporary Facility Cost State Match Credit Tax Payment Credit Sub-Total $74 $33 $8,921 $4,830 $40 $20 ($2,216) ($1,141) ($1,632) ($817) $5,187 $2,925 $2,594 $1,462 $2,594 ~181T C PAGE 30 0 F . 35 OJ 50% Local Share ~lmpact Fcc III-IS . . .~ ¡ .~ t ! SECTION IV SUMMARY OF CHANGES FROM THE 1994/95 CAPITAL FACILITIES PLAN The 1995/96 Capital Facilities Plan is a updated document, based on the 1994/95 Capital Facilities Plan. The changes between the 1994/95 and 1995/96 Plan are listed. The Board of Education section has been updated to reflect changes on the Board from the 1994/95 Capital Facilities Plan. SECTION I - THE CAPITAL FACILITIES PLAN CURRENT INVENTORY OF NON-INSTRUCTIONAL FACILITIES Print Shop was removed fÌ"om the address at 33818 9th Avenue South. The Print Shop was closed because the District now uses outside vendors for these services. Site 42 was deleted from the inventory because this undeveloped property was sold. NEEDS FORECAST - EXISTING FACILITIES Five elementary schools and one junior high have been added as needing modernizations with some expansions. This is currently being considered by the Citizens Facilities Committee. Recommendations for these projects are expected to be completed in May 1996. We are currently altering space at a Thomas Jefferson Senior High School which will increase support capacity for this school. This space will not be shown in capacity figures because it does not increase classroom capacity. We will also be altering space at Totem Junior High to increase capacity before the end of the 1995/96 school year. The Six Year Finance has been rolled forward to reflect 1996-200 I IV-l EXHIBIT C PAGE~ OF 35 .~. . . SECTION III - SUPPORT DOCUMENTATION CAPACITY ¡ Changes to capacity between the 1994/95 Capital Facilities Plan and the 1995/96 Capital Facilities Plan can be found on page IV-3. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Changes to portables between the 1994/95 Capital Facilities Plan and the 1994/95 Capital Facilities Plan can be found on page IV-4. STUDENT FORECAST The Student Forecast now covers 1996 through 2001. The new forecast reflects an increased rate of growth at a decreasing rate observed in the District. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 1994/95 Capital Facilities Plan and the 1995/96 Capital Facilities Plan can be found on page IV-5. IV-2 EXHIBIT PAGE 3~ C OF__.35 . J 1 I 1 1 'J I I I J I , . ;1 l .. ~ ~ ~ CAPACITY CHANGES FROM 1994/95 TO 1995/96 In February of 1996, we did a full inventory of school capacities at each of our elementary schools, junior lúgh and seIlior lúgh schools. Based upon tills inventory, many of the capacities changed. The capacities shown represent actual program capacities as they exist at the time of publislúng. IV-3 EXHIBIT PAGE 33 C OF _35 . J, I I I I I I I I I I , I I I I I I I I . . PORTABLE CHANGES FROM 1994/95 TO 1995/96 ELEMENT AR Y Lake Grove Silver Lake SECONDARY Illahee Junior High Harry S Truman SUPPORT FACILITIES Maintenance New portable purchased One iTom Lakeland Elementary Physical inventory taken revealed I more portable Decrease of two portables due to two double-wides counted as two Physical inventory revealed no portable located here IV-4 EXHIBIT C PAGE3.L OF 35 I I I j I I I I I ] :.1 I I I I I I I I - . IMPACT FEE CALCULATION CHANGES FROM 1994/95 TO 1995/96 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 1994/95 Capital Facilities Plan and the 1995/96 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments. IMP ACT FEE Item Fromffo Comment Elementary School Construction Cost $9,048,856 to $9,206,000 Updated costs of most recently built school. Temporary Facility Cost $39,427 to $70,147 Updated cost of most recently purchased portable. Boeck CostlSq Ft $89.57 to $92.02 Change per SPI Sq. Ft.lStudent - Junior High 113.33 to 110.00 Change per SP~ State Match 58.39% to 58.69% Change per SPI Average Assessed Value SFR - $133.443 Per Puget Sound ESD to $134,055 MFR - $66,971 to $67,142 Capital Bond Interest Rate 6.11%to 5.05% Market Rate Property Tax Levy Rate $1.57 to $1.58 Per King County IV-5 EXHIBIT C. PAGE 35" OF_~32 ". 1995. . SAMPLE SCHOOL IMPACT FDS ftIICDTAGI: SIlfGL&-- tII(1J L TI-I' AMIL Y Jt1RISIÞICPON DøcoU!IT FAMILY S~ $ 2 S18 S 1355 SO-A S 2123 S 1868 SODA S 2792 S 1146 SO-/. S 3381 $ 1.773 II. 50% S 2.951 S 1.179 50% S US $ 743 SO-I'. S 2013 $ 1014 sew. S 3068 S 1676 ~ $ 3018 $ 1144 'JAN-09-1997 09:59 JUIUSDICTION F.W.S.D.210-PURCHASING 206 946 3193 P.02 III PRESTON GAT1:':S & ELLIS í.lP "',,oa¡(O'" Grace T - Y uaa 19t38-SAMPLE SCHOOL IMPACT FEES r...cENTAGK SIIIfGIL- JIUL n-I' AIIIL Y DISCOmn' I'DllLY 50% S 1587 S 715 SO% $ 1767 S 1108 S()Iñ S 099 S 1584 SO-~ $ 3080 S ,2.700 19M-oSAMPU SCHOOL IMPAcr RES SCHOOL P&8CmITAG& SlNGLJ:.. MULn..WAMlLY DLttKIcr DDCOtJNT I' AM1L Y F edcnll W: SQDA S 1,951 S 96S SO% S 3 167 $ 2.415 J 50% S 1,845 S t.O9S Kent sew. S 3221 S 1684 LIKW 11 SO% S 2827 S 1116 Nonb&hore 50% S 983 $ 461 Ri wrvïew 50% S 1713 S 1485 S 'Vi SO-At S 3,886 S 2,661 T ahoma SO% S 2986 S I "'N"""."o.;U . ,'0...... O'^LI:"'" . I.". ^"'.III.II< . V(IItTL""O . S~"TTr.. - Sr'.'..n~" . linN.. ""'H, . 1Ii,,~"'N'.\"... D.C ^ LIIoCIT(;[\ LI"IUI.ITY PAkTNliI.Sf"l' IN\'I.,l"hl"(; OTlllill, LII"'I'fLn '-"""~II" I!NTITII'.~ 101 FIrTH A"¡¡N\IH SUITt! 50(11) SIi-'lTL.1!. W^:.rnN(;TON 98104-70711 206-623-75'° P>:; 10(i.62J.702:! w""w,('r<:"'I"nl~lih:".cQm EXHIBIT 1) 01/09/97 THURAGErTX/h NO 7Qft ;L JRN-09-1997 10:00 F.W.S.D.210-PURCHRSING 206946 3193 P.03 19M '" SAMPLE SCHOOL IMPACf RES SCHOOL PDaNTAGE SINGLE- M1JL TI-¥.um. y JUldSDICTION DISTRICT DJSCOfJNT I'AMILY ErbIn,clllW SO% S 3 113 $ 175 Faiml W WA, S 1,707 S 1423 Hi . 50% S 2577 $ 1 S35 gab SO'IÓ $ 27S0 S 1,131 'JCmt SO% ' S 367S S 1936 Lab W ubin SO'Aa S 2716 $ 1151' Nordøbore SO% $ 2963 S 803 , Rivaview SO-/W $ 1953 S 637 S 'Yo 50% , S 3229 S 14S9 T ahoma SO% S 272S $ 1925 19" - SAMPLE SCHOOL IMPACt FEES SCII.OOL PacaTAGE SINGLE- MOL 11., AMJL Y JUlllSDICIION DISUdCI' DISCOÐNT I'AMlLY 50% S 1..978 $ 1,299 " SO% $ 2,134 $ 1,249 ,~ 50% S :Z 594 S 1462 SO% S 572 S 1,534 SOOA S 2S9J S 1112 SOY. S 3640 S ],733 on SO% S 2.917 S 307 _SO-A S 2.424 S 1398 50% S 1780 S 583 SO% S 3,295 S 1 43 Tahoma SOfA S 401 S J OOB . Asteriska denote fees that WCR coDected pñmarily during the ,.,... noted. There were, however. slight variations depending on the dates on which districts ~fIVI! eJisibIc to RCCive impact fees and the dates 011 which the ordin.,.... sel1ÌDS the amount5 oflhe impact fees became ..~. ~'78OoGO.~aoc -2- EXHIBIT PAGE ~ D OF J- 01/09/97 THl110:59 [TX/RX NO 7592] From: Jody Putman To: Gregg Moore Date: 2/3/97 Time: 12:26:01 Page1of2 FEDERAL WA Y SCHOOL DISTRICT 31405 18th Avenue South Federal Way, WA 98003 FAX C 0 V E R S H E E T DATE: February 3, 1997 TO: Greg Moore PHONE: (206) 661-4106 FAX: (206) 661-4129 FROM: Jody Putman PHONE: (206) 946-7552 FAX: (206) 941-0442 RE: Impact Fees Number of pages including cover sheet: 2 Message Here are the impact fee schedule that I promised for the committee packet. This format is similar to the format that we give to King County to meet a similar requirement. If you need any additional information, please let me know. . EXHIBIT PAGE I f OF :L 02/03/97 MON 13:30 [TX/RX NO 8003] N .. 0 N &I CI 1"11 11. N ~ cD N N .... ii E ¡: t-. S!! C"I Ñ ii 'iií c ~ 0 0 :I: CI CI &I .. C) Ö l- e 1"11 E '5 11. >. "C 0 ., . Ë e 14. FEDERAL WAY SCHOOL DISTRICT IMPACT FEE - CITY OF FEDERAL WAY SCHEDULE OF EXPENDITURES. 1996 .1 ¡ ~ I <" wiLL, 0 0 0 00 0 Z ~ ÞO< r{ c:: "- - ÞO< m Eo< - W :r: 0 ø <" .. X <" ~ ~ W z 0 ):J I-- ~ "- <" 0 "- N 0 Expenditure Date Invoice # Vendor Type Project Amount 8/5/96 1209 City of Federal Way Permit Fee - Locker Bav Removal Totem Junior Hiah $553.50 5/16/96 10348 Bradlev Saxton Locker Bav Removal Thomas Jefferson Senior HiQh $11 252.80 7/31/96 Est #1 Tyco Svstems Locker Bay Removal Totem Junior HiQh $52101.85 I¡Œ¡¡¡m~M¡f~n¡¡[Rl:'Jttll¡m~¡!:t¡:!E¡¡¡¡!¡ ì1~t9.Q$~II¡ 213/97 12:20 PM c:fundslcapita/\CFPI95-96\City Schedule. Impact Fees.xls\City Schedule