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Res 98-282 RESOLUTION NO. 98-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF IDGH POINT PARK III, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S89POO49, FEDERAL WAY FILE NO. ILA90-0014SUB AND SUB97-0001. WHEREAS, the preliminary plat for High Point Park Ill, City of Federal Way File No. ILA90-0014SUB was approved on June 16, 1992, by Federal Way Resolution No. 92-133; and WHEREAS, the applicant has satisfied all ofthe conditions set forth in Resolution No. 92-133 and in the May 20, 1992 Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant has submitted the application for final plat for High Point Park Ill, SUB97-0001, within the required time of receiving approval for the above- referenced preliminary plat; and WHEREAS, City of Federal Way Department of Community Development Services staff have reviewed the proposed final plat for its confonnance to the conditions of the preliminary plat and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the Staff Report dated November 4, 1998; and WHEREAS, the Land Use and Transportation Council Committee considered the. application for final plat of High Point Park III at its November 23, 1998 meeting and recommended approval by the full City Council; and Res. # 98-21!a>age 1 ORIGINAL WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of High Point Park III prior to and during the Council's December 1, 1998 meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLYES AS FOLLOWS: Section 1. Findings of Fact Conditions and Conclusions 1. The final plat for High Point Park III, City of Federal Way File No SUB97- 0001 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 the substantially complete application. 2. Based on, inter alia, the analysis and conclusions in the Staff Report, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and schoolgrounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and trom school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 92-133 and the conditions in the May 20, 1992, Recommendation of the City of Federal Way Hearing Res. #~;Page 2 Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code section 22-133. 5. 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 by the City of Federal Way as financial guaranty for maintenance of all required plat improvements. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2 Application approval. Based upon the Findings of Fact contained in Section 1 above, the final plat of High Point Park III, City of Federal Way File No SUB97-0001 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. 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. Res. #~Page 3 Section 5 Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6 Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of December ,1998. CITY OF FEDERAL WAY /!eJ~ MAYoR,RONALD lNTZ )(rŒ< í CITY CLERK. N. C:'~~ APPROYED AS TO FORM: ~ è_~~: CITY ATTORNEY, LONDI K. INDELL FILED WITH THE CITY CLERK: 11/30/98 PASSED BY THE CITY COUNCIL: 12/1/98 RESOLUTION NO. 98-282 Attaohmen" Rod."d Copy of Fu." PI" K970001 Res. 1Ø8-28:? Page 4 AGENDA ITEM MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minutes) 4. COMMISSION COMMENT 5. BUSINESS ITEMS A. High Point Park Action B. Residential Design Guidelines Action C. MirTor Lake Drainage/Development Action D. Hoyt Road/340th InterIocal Agreement Action w/City of Tacoma E. WeyerhaeuserfTruck Ordinance Revision Action Request F. Street Sweeping contract Action G. Northwest Church Channelization Request Action H. 1999 Grant Applications for Transportation Action Improvement Projects Hess/l0 min HinshawlMcClung/lO min Prattl30 min Miller/5 min Miller/20 min MillerlS min Perezl20 min Roe/lO min 6. FUTURE MEETING AGENDA ITEMS SWManagement/Dept of Ecology Ordinance & Manual Package Open Cut of ROW vs Boring Weyerhaeuser Request to Modify Endangered Species Act Update Non Residential Design Guidelines Adult Entertainment Regulations RT A Process Planning Commission Work Program 7. ADJOURN CitvStalf Greg Moore. Director. Community Deve{opmellt Selvlces Sandy Lyle. :Idministmtive Assistant 253.66/.41/6 Committee Members: Phil Watkins. Chair Jeanne Burbidge MOlY Ga/e., ¡,ILU-TRANSINDV23LUTAGN CITY OF FEDERAL WAY MEMORANDUM November 23,1998 To: City Council Land Use and Transportation Committee FROM: Marion B. Hess, Senior Planner SUBJECT: Final Plat Applicationfor High Point Park IIl-King County File No. S89POO491 Federal Way File No. ILA90-0014SUB L RECOMMENDATION ApPROVE. Based on a site visit, review of the final plat maps, construction drawings, and the project file, staff has detennined that the application for final plat approval for High Point Park III Final Plat meets all platting requirements ofRCW 58.17.070, King County Title 19, and Section 20-134 of the Federal Way City Code. A recommendation of final plat approval is therefore being fOlwarded to the City Council for your approval. II. SUMMARY OF ApPLICATION Westmark Investment Corporation is requesting final plat approval of High Point Park III, a - proposed 19-1ot single family subdivision on II acres, located generally between Hoyt Road SW and 40th Court SW, and SW 330th Place (if all roads were extended). High Point Park III is an 'A' List Item being processed under the City of Federal WaylK.ing County Interlocal Agreement. The City of Federal Way granted preliminary plat approval for High Point Park III per Resolution 92-1 I3 on June 16, 1992. City staff has reviewed the final plat of High Point Park III for compliance with preliminary plat conditions and all applicable codes and policies, and has detennined the final plat meets all specified conditions, codes, and policies. The attached staff report addresses how the applicants have fulfilled conditions of preliminary plat approval as listed in Resolution 92-113 and the May 20, 1992, Federal Way Hearing E¡caminer Findings, Conclusions, and Conditions. ~. High Point Park III Final Plat November 23, 1998 Page 2 1lI. 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 tenDS 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 Bringing this matter before the City Council Land UseITransportation 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. IV. PROCEDURAL SUMMARY Jun 5, 1989 Application for a 25 lot preliminary plat approval filed with King County. Feb 13, 1990 Feb 21, 1990 - Feb 28, 1990 Mar 13, 1990 May8,1991 May 12,1992 May 20, 1992 Jun 16, 1992 Mitigated Oetennination ofNonsignificance (MONS) issued by King County. Appeal of the MONS filed with King County. City of Federal Way incorporated. Project placed on the Interlocal Agreement' A' List. City of Federal Way Hearing Examiner denies the appeal of the MONS. Public Hearing on preliminary plat by the City of Federal Way Hearing Examiner. Recommendation of preliminary plat approval issued by the City of Federal Way Hearing Examiner. Public hearing on the preliminary plat application in front of the Federal Way City CounciL Nineteen lot preliminary plat approved by the City of Federal Way per Resolution 92-1 13. High Point Park III Final Plat November 23, 1998 Page 3 May 9, 1995 Jun 6, 1995 Apr 2, 1997 Sep 8, 1998 Nov16,1998 Land Useffransportation Committee Meeting: The Committee forwards to the full City Council a recommendation for approval of a fourth year preliminary plat extension of time. City Council granted a fourth-year extension of the preliminary plat approval period to June 16, 1996. Final plat application submitted. Application put on hold to resolve issues of compliance with Hearing Examiner conditions. Final plat processing fee paid by applicant. City Council Land Useffransportation Committee discusses application foL final plat approval of High Point Park 111. V. DECISIONAL CRJTERIA Although the plat is vested to the design standards of King County Codes, the preliminary and final plat applications have been processed in accordance with Federal Way Subdivision Procedures. 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. I. The final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. 3. All conditions of the Hearing Examiner and/or City Council have been satisfied. 4. All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. 5. All taxes and assessments owing on the property have been paid. All of the above criteria have been met. High PGlint Park [II Final Plat November 23, 1998 Page 4 VI. COUNCIL ACTION A draft resolution recommending approval of the final plat for High Point Park III is in the process of being prepared by the Legal Department After consideration of the staff report and recommendation, if the City Council finds that all criteria outlined in RCW 58.17.170, King County Title 19, and Section 20-134 of the Federal Way City Code have been met, the City Council may approve the plat for recording by a majority vote of its membership. L\PRMS YSIDOCUMENnILA 90 P .,.\LUTCMEMODQC FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT FINAL PLAT OF HIGH POINT PARK III King County File No. S89POO49 Federal Way File No. ILA90-00 I 4-SUB Report Prepared by Marion B. Hess, Senior Planner November 4, 1998 I. SUMMARY OF PROPOSED ACTION High Point Park III is a proposed subdivision of II acres into 19 single family lots (Exhibit A). The zoning for subject site at the time of application to King County (June 5, 1989) waS" RS 7200, Residential Single Family. Current Federal Way zoning is RS7.2. Lot sizes range from 7,650 square feet to 40,274 square feet, with an average lot size of25,219 square feet. Primary access is from the west (Hoyt Road and SW 331st Place) and secondary access from the north (42nd Place SW). Currently, SW 33lst Place bisects the property into two areas. This road has been widened to 28 feet in width and regraded. All roads, except Hoyt Road, have been constructed to King County full street standards (no half-streets) with sidewalks on both sides. The east half of Hoyt Road has been reconstructed along the full length of the subject subdivision. The applicant has provided the subject subdivision with public sewer and public water systems managed by the Lakehaven Utility District and Tacoma Public Utilities respectively. II. GENERAL INFORMATION Location: Generally between Hoyt Road SW and 40th Court SW, and between SW 332nd Place and SW 330th Place (if all roads were extended, Exhibit B). Owner/Developer: Westmark Development Corporation 16400 Corporation Parkway #303 Tukwila, WA 98188 ". Staff Report Final Plat of High Point Park III Page 2 Engineer: Touma Engineers Tom Touma 15668 West Valley Hwy Seattle, WA 98188 King County Zoning: RS 7200 (Residential Single Family) Acreage: 11 Number oj Lots: 19 SecfI'ownlRange: 14-21-03 Proposed Use: Detached single-family residences Sewage Disposal: Lakehaven Utility District Water Supply: City of Tacoma Public Utilities Fire District: Federal Way Fire Department (District No 39) School District: No. 210 (Federal Way) III. HISTORY AND BACKGROUND The application for preliminary plat approval of High Point Park III was filed with King County on June 5,1989, for 25 lots. As part of the State Environmental Policy Act (SEPA) environmental review process, King County Building and Land Development (BALD) issued a threshold Mitigated Determination of Non significance (MDNS) for the proposed development on February 13, 1990. On February 21,1990, an appeal of the SErA determination was filed with the King County BALD. On May 8, 1991, the Federal Way Hearing Examiner issued a decision to deny the appeal of the SEP A determination. The site plan has since been revised as shown in Exhibit A tó 'comply with the conditions of the MDNS and applicable King County plans, codes, and other official documents. These issues have been adequately addressed witþ the imposition of ¡be. recommended preliminary plat conditions. Staff Report Final PIal of High Point Park III Page] The preliminary plat application was filed and vested with King County prior to the incorporation of Federal Way. The City of Federal Way and King County entered into an Interlocal Agreement on March 13, 1990, for processing land use applications. As an 'A' list item of the agreement, the city assumed responsibility for its continued processing. This included preparing the Preliminary Plat Staff Report for the Federal Way Hearing Examiner. The city is responsible for making a decision on the preliminary and final plat for High Point Park IlL The application is to be reviewed under King County design regulations in effect at the time the preliminary plat application was submitted (see Sections XII, item 2, Parks and Open Space, page 14, and XIII, item 3, Drainage, page 17 for exceptions). Processing of the application is being conducted under Federal Way regulations (i.e. notification, time lines, appeal procedures, decisional criteria, etc.). IV. THRESHOLD DETERMINA nON OF ENVIRONMENTAL SIGNIFICANCE Pursuant to SEPA (RCW 43.21 C), the responsible official of the King County BALD issued a MDNS for the proposed development on February 13, 1990. The detennination was based on review of infonnation in the project file including the environmental checklist,resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the following measures are complied with: 1. The applicant shalI submit a study, prepared by a wildlife habitat biologist, containing an inventory of on-site wildlife and habitat. Any species inventoried in this study and verified by the Waslùngton State Department of Wildlife (WDW) as being endangered or threatened, as defined under the Revised Code ofWaslùngton (RCW) 77.12.020, shall be protected by wildlife buffers as recommended by the WDW. Wildlife buffer requirements to be implemented by the applicant, if any, shall be reviewed and approved by King County BALD, Subdivision Technical Committee, in consultation with King County Resource Planning prior to the preliminary plat approval. If buffers are required, the subdivision shall be redesigned to reflect and provide the buffers. 2. Construction work related to clearing, filling, or grading shalI be limited trom April 1 to September 30, inclusive. Select clearing, filling, or grading activities may be alIowed outside of this time period on a weekly basis, provided written approval is granted each week by BALD for specific activity. NOTES: Measures to mitigate the folIowing identified impacts will be detennined by the Hearing Examiner and placed on the proposal under the authority of King County codes and ordinances at the time of the Subdivision public hearing. Erosion and Staff Report Final Plat of High Point Park III Page 4 Sedimentation (KCC 9.08), Drainage (KCC 9.08), Surface Water Run-off (KCC 9.04), Sensitive Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction (Ord. #8041). Affected agencies, tribes, and the public were offered the opportunity to comment on or appeal the detennination for 29 days. As discussed in Section 1Il, History and Background, on February 21, 1990, an appeal of the SEPA detennination was filed with the King County BALD. The appellant requested that a threshold detennination be based on infonnation submitted prior to rendering environmental impacts and public review, and conditions rendered by King County were vague, obscure, and subject to manipulation. On May 8, 1991, the Federal Way Hearing Examiner issued a decision to deny the SErA appeal. V. CONDITIONS OF PRELIMINARY PLAT ApPROVAL The following conditions were developed by the Hearing Examiner and approved by the City Council in Resolution 92-113. Staff response is presented after each condition respecting compliance with the condition. 1. The plat shall comply with all platting provisions of Title 19, King County Subdivision Ordinance (with the exception of 19.38, open space requirements, see condition #21). Staff Response: The final plat complies with the King County Subdivision Ordinance. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952 (Exhibit AI) except as modified for the City of Federal Way. Staff Response: A title report has been submitted to verify ownership interest in the subject property. 3. The area and dimensions of all lots shall meet the minimum requirements of the RS 7200 zone classification. Compliance with the conditions of preliminary plat approval may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Staff Report Final Plat of High Point Park III Page 5 Staff Response: All lots meet the minimum requirements of the RS 7200 zone. 4. The applicant must obtain the approval of the City of Federal Way for the adequacy of the fire hydrant, water main, and fire flow standards. Staff Response: The applicant has obtained approval for these services ITom the City of Tacoma and Federal Way Fire Department. 5. A Developer Extension Agreement must be entered into between the applicant and the Water Purveyor for the water system. As part of the design of the water system, looping of the new system to existing mainlines may be required to provide circulation and maintenance enhancements, and piping shall extend to far edges of the property in accordance with the requirements of the Federal Way Water and Sewer District. Staff Response: An agreement has been signed between the applicant and City of Tacoma Water Division. The water system has been installed and accepted by the City of Tacoma. 6. A Developer Extension Agreement must be entered into between the applicant and the Lakehaven Utility District for the sewer system. As part of the agreement, the applicant will be required to extend sewer mains to the far edges of the property where property can be served, and to construct off-site utilities to obtain services. In addition a collection system is required to extend to the far edges where uphill property can be served. Staff Response: An agreement has been signed between that applicant and the Lakehaven Utility District for a sewer system installation. The district is in the process of inspecting the system and reviewing the final plat for adequate sewer easement. widths. The final plat will not be recorded until this is completed. 7. Final plat approval shall require full compliance with drainage provisions set forth in King County Ordinance 9163 as established in the 1990 King County Surface Water Design Manual (1990 KCSWDM). Compliance may result in reducing the number and! or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the code and requirements and shall apply to all plats: a. Federal Way Public Works Department approval of the drainage and roadway plans is required prior to any construction. Staff Report Final Plat of High Point Park III Page 6 Staff Response: The Public Works Department has approved the drainage and roadway plans. b. A separate Erosion and Sediment Control (ESe) plan for this project shall be submitted with the drainage and roadway plans. The plan shall show the limits of the area to be cleared (limits of clearing) during construction of roads and the installation of drainage improvements and utilities, and provide a schedule of construction (construction sequence). The plans shall include provisions for protecting exposed soils !Tom weathering by wind or rain by covering piles of soil with tarp. The plan shall comply with core requirement No.5 of the 1990 KCSWDM. Due to potential erosion hazard, clearing shall be limited only to the months of April through September, and only to those areas required for construction of roadways and utilities. Prior to any clearing or grading, a boundary delineation acceptable to the City of Federal Way shall be provided on the site between lots and any areas designated as a Native Growth Protection Easement (NGPE). Said boundary delineation shall remain in place until a dwelling is constructed on the lot or ownership transferred to the first owner/occupant, at which time a five foot fence shall be installed. Staff Response: This condition has been met by the Public Works Department approving the clearing and grading plans. c. Retention/detention (RID) facilities used to control runoff from the site to off-site drainage courses shall be located in a separate tract. Access for maintenance shall be provided to all facilities. This will require a 15-foot access roadway to all RID manholes. The design trequency stonn events shall be 2-year, 24-hour and 10-year, 24-hour with runoff from the site restricted to no more than the pre-developed runoff rates for those stonn events. Detention volume in the pond shall be increased above this design level by 30 percent in accordance with the 1990 KCSWDM. Staff Response: This condition has been met by the Public Works Department approving the engineering plans for stonn drainage detention. d. Prior to recording of the final plat, those portions of the retention/detention facilities necessary to control the flows discharging from the site shall be constructed and operationaL Staff Report Final Plat of High Point Park III Page 7 e. f. Staff Response: A final inspection has been conducted by Public Works Department and the facility accepted as built. Oil/water separation facilities shall be provided at each point of pennanent stann drainage release from the site to prevent contaminants from entering the natural drainage features, both off-site and on-site. In addition to oil/water separators, the applicant is required to provide biofiltration prior to discharge of stonnwater. Such biofiltration includes 200 feet of broad, flat-bottom, grass-lined swales or the equivalent, the design of which shall be in confonnance with Section 4.6.3 of the 1990 KCSWDM. A 15-foot gravel access shall be provided along the entire length of each biofiltration swale for maintenance. Staff Response: This condition has been met by the Public Works Department approving the engineering plans on and accepting the facilities as built. Drainage outlets (stub-outs) shall be provided for each individual lot, except for those lots approved for infiltration by the City of Federal Way. Stub-outs shall be shown on the engineered plans and shall confonn to the following: I) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof down spouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have tree-flowing, positive drainage to an approved stonnwater conveyance system or to an approved outfall location. 2) Outlets on each lot shall be located with a five-foot-high, 2 x 4 inch stake marked 'stonn.' The stub-out shall extend above surface level, be visible, and be secured to the stake. 3) Pipe material shall confonn with under drain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable feature detectable trom the surface. 4) Drainage easements are required for drainage systems designed to convey flows through more than one lot. 5) All individual stub-outs shall be privately owned and maintained by the lot home owner. Staff Report Final Plat of High Point Park III Page 8 Staff Response: This condition has been met by the Public Works Department approving the drainage plans; and a "Downspout" note appears on the face of the final plat addressing the above wording. g. In some cases, on-site stonnwater infiltration systems may be suitable for use on individual lots depending on soil conditions. The system shall be used where suitable. To detennine 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, infonnation 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. at the time of the building pennit. 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. A typical infiltration system design shall be submitted for approval with the plat drainage plans and shall be referenced on the final plat map. The design shall be in confonnance with Section 4.5.1 of the 1990 KCSWDM. Staff Response: This condition has been met by the Public Works Department approving the engineering plans. Approved drainage plans do not include infiltration systems for any of the lots due to unsuitable soils as documented by the soils analysis. h. A downstream drainage analysis shall be included with the drainage plan. TIùs analysis must extend for a minimum distance of Y. mile from the point of release of each flow discharging trom the site. The analysis shall confonn to Section 1.2-.2 of the 1990 KCSWDM, and must address any existing problems with flooding, capacity, overtopping, scouring, sloughing, erosion, or sedimentation of any drainage facility, whether natural or man-made. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals a more restrictive situation, more stringent drainage controls than would otherwise be necessary for a project of this type may be required. These controls may include additional on-site rate and/or volume controls, off-site improvements, or a combination of both. Any off-site improvements will require the approval of all affected property owners. Staff Response: This condition has been met by the Public Works Department accepting the drainage analysis and approving the drainage plans. Staff Report Final Plat of High Point Park III Page 9 1. Current standard notes and ESC notes, as established by the City of Federal Way Public Works Department, shall be placed on the engineered plans. Staff Response: This condition has been met by the Public Works Department approving engineering plans with the above notes. J. The following note shall be placed on the face of the final plat map: "All building downspouts, footing drains, and drains from all impervious surfaces, such as patios and driveways, shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with the City of Federal Way Public Works Department under Project #ILA90-PPI4SUB and SUB97-0001. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed prior to certificate of occupancy and shall comply with plans on file." Staff Response: This condition has been met by the above note being placed on the face of the final plat. 8. a. The following shall be protected by a NGPE, dedicated as separate tracts, and depicted on the engineering plans and the face of the recorded final plat * Areas with slopes of 40 percent or greater. * Slopes 25 percent or steeper adjacent to slopes of 40 percent or greater. * Tract 'A' northeast of existing SW 331st Place and proposed 42nd Place SW. Staff Response: This condition has been met by the identification ofNGPE tracts depicted on the plat map and identified by notes. b. The following statement shall be shown on the approved engineering plans and recorded final plat: "Building Setbacks and Native Growth Protection Easements CNGPE) Structures, fill, and obstructions (including, but not limited to decks, patios, outbuildings, fences or overhangs beyond 18 inches) are prohibited within the . building setback line (BSBL) and restricted flood plains (if applicable), and within any Native Growth Protection Easement(s) as established during engineering plan review. Staff Report Final Plat of High Point Park III Page 10 Dedication of a Native Growth Protection Easement (NOPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety, and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NOPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by the City of Federal Way, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed, or damaged without express pennission from the City of Federal Way, which pennission must be obtained in writing from the City of Federal Way Department of Community Development Services or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NOPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Federal Way or its successor agency." Staff Response: This condition is met by the above wording appearing on the face ofthe final plat. c. The boundaries of the NOPE and all Building Setback Lines (BSBL's) shall be shown on the face of the recorded plat by delineating their distance at each property boundary from an adjacent property corner and by indicating their distance ftom an approximately or precisely located natural feature (typically the top or toe of the slope). Staff Response: This condition has been met. d. As part of the review, the applicant must prepare a special study recommending construction procedures to insure that no impact will occur to any area within 10 feet of the NOPE, and demonstrate that the structure will in no way increase or concentrate surface water over the top of the slope. Staff Response: This condition has been met by the redesign of the preliminary plat and the Public Works Department approving drainage plans. 9. A five foot tall fence must be installed on the edge of any NOPE area at the time that a dwelling is constructed on the adjoining lot or ownership of that lot transferred to the Staff Report Final Plat of High Point Park III Page II first owner-occupant. This fence must be constructed of such material which would allow visibility of the NGPE from the lots. A statement to this effect must be placed on the face of the recorded plat. Staff Response: This condition has been met by the above wording appearing on the face of the final plat. 10. An construction and upgrading of public and private roads shan be done in accordance with the King County road standards established and adopted by Ordinance No. 8041 (1987 King County Road Standards). Staff Response: This condition has been met by the Public Works Department approving engineering plans for public and private roads. II. There shan be no direct vehicular access to or fÌ"om Hoyt Road for any lots abutting it and SW 331st Way forlots #7 through #10. Staff Response: This condition has been met by the above wording appearing on the face of the final plat ¡ 12. An roadway improvements shall be improved with vertical curb, gutter, and sidewalks on both sides for internal roadways, east side for Hoyt Road. Staff Response: This condition has been met for roadway improvements and sidewalks win be completed (or bonded) prior to the recording of the final plat. 13. a. All right-of-ways, roads, and sidewalks shall be dedicated to the public upon recording of the final plat. Staff Response: This condition has been met by wording on the face of the final plat stating the above. b. A geotechnical report shall be prepared by a licensed geotechnical engineer to address recommended designs for the proposed roadways. The report shall detail the soil and groundwater conditions. The recommendations to ensure integrity of future roadways shall be subject to review and approval by the City of Federal Way. Staff Response: This condition has been met. A geotechnical study has been' completed and incorporated into the engineering plans approved by the City of Federal Way. Staff Report Final Plat of High Point Park III Page 12 14. All internal roads will be constructed to King County full street improvements (no half- streets). The following lists the classification of each: a. SW 33lst Place - Subcollector. b. 42nd Place SW - Minor Access. c. Unnamed cul-de-sac west of SW 331 st Place - Minor Access. NOTE: If the paved width of minor access streets is to be less than 28 feet, each lot shall provide for four off-street parking stalls per King County King County Road Standards Section 2.03 note #8). Staff Response: TIús condition has been met. 15. Hoyt Road SW shall be constructed to King County full street Secondary Arterial standards for the east halftronting the subject project. Staff Response: This condition has been met. 16. Twelve feet of additional right-of-way for Hoyt Road SW shall be dedicated along the western property boundary, allowing for 42 feet of right-of-way from the control centerline. Staff Response: TIús condition has been met by the final plat dedication of 12 feet of additional right-or-way. 17. Hoyt Road improvements shall include a Class 2 bicycle facility. Staff Response: TIús condition has been met by Hoyt Road paved improvements including a Class 2 bicycle facility. 18. Planter islands within cul-de-sacs shall be landscaped to the approval of the City of Federal Way. The planter islands shall also be pennanently maintained by the abutting . lot owners. This shall be stated on the face of the final plat. Staff Response: This condition does not need to be included on the face of the final plat as no planter islands are to be constructed. 19. The applicant shall comply with Federal Way Titles 16 and 22 by providing for 1.1 acres of usable open space, or pay to the City of Federal Way Parks, Recreation, and Cultural Services Department a fee-in-lieu of reservation or dedication for usable open. space and parks in the amount of$22,185.00. Staff Response: This condition has been met. Staff Report Final Plat of High Point Park III Page 13 20. Any fencing constructed along any street shall include a landscaped area placed along the perimeter of each fence. This shall be placed on the face of the plat prior to final plat recording. Adjacent property owners shall be responsible for the continued maintenance of subject landscaping. Staff Response: This condition is met by the above wording appearing on the face of the final plat. 21. At the time of recording of the final plat, any open space areas, including any areas designated as a NGPE, shaH be dedicated as separate tracts. In order to provide for its ownership and continued maintenance, said tracts shall be either dedicated to the City of Federal Way or to a Homeowners Association or other workable organization. The detennination as to ownership shall be made by the City of Federal Way prior to recording of the final plat. Staff Response: This condition has been addressed on the final plat map, in the text on the face of the final plat, and, in the conditions, covenants, and restrictions to be filed with the final plat. 22. If a Homeowners Association is fonned, the Declaration of Protective Covenants, Conditions, and Restrictions shall be reviewed by the City of Federal Way to ensure that adequate provisions are made for ownership and maintenance of common areas. Staff Response: This condition has been met by the submittal of a draft "Declaration of Protective Covenants, Conditions, and Restrictions." This draft is to be finalized and recorded with the final plat. Draft "Articles ofIncorporation" to create a Homeowners , Association and must be submitted prior to recording of the final plat. 23. Easements shall be provided for all utilities not located within public right of way. The width of the easements for the individual utilities shall be approved by the respective utility provider. These easements shall be clearly labeled on the face of the final plat. Staff Response: Lakehaven Utility District requires sewer easements to be 15 feet in width, offset by five feet on one side of the centerline of the main and ten feet on the other. The easement statement is shown on the face of the final plat and the foHowing statement included on the face of the final plat: "The NGPE restriction shall not prohibit the beneficiary of any utility easement, or the City, from repairing or maintaining any such utilities or roadway improvements, Staff Report Final Plat of High Point Park III Page 14 provided that reasonable precautions are undertaken to minimize disturbance to the NGPE and building setback areas, and that surface disturbances from construction are restored to match pre-existing plant materials to the maximum extent possible." Staff Response: The above conditions have been met. 24. A 10 foot utility easement shall be provided along the tront 10 feet of all lots and tracts adjacent to the proposed streets. The following statement shall be noted on the face of the final plat: "Easements & Reservations: An easement is hereby reserved for and granted to any public utility and their respective successors and assigns, under and upon the front ten feet parallel with and adjoining the street ftontage of all lots and tracts in which to install, lay, construct, renew, operate, and maintain underground pipe, conduit, cables, and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with utility service, together with the right to enter upon the lots at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition. No utility lines shall be placed or pennitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building." Staff Response: This condition has been met by the above wording appearing on the face of the final plat. 25. The following has been established by SEPAas a necessary mitigation of this development. The applicants must demonstrate compliance with these items prior to final plat approval: a. Applicant shall submit a study, prepared by a wildlife habitat biologist, containing an inventory of on-site wildlife and habitat. Any species inventoried in this study and verified by the Washington State Department of Wildlife (WOW) as being endangered or threatened, as defined under the Revised Code of Washington (RCW) 77.12.020, shall be protected by wildlife buffers as recommended by the WDW. Wildlife buffer requirements to be implemented by the applicant, if any, shall be reviewed and approved by King County BALD, Subdivision Technical Committee, in consultation with King County Resource Planning prior to the preliminary plat approval. ¡fbuffers are required, the subdivision shall be redesigned to reflect and provide the buffers. Staff Response: This condition has been met. Staff Report Final Plat of High Point Park III Page 15 b. Construction work related to clearing, filling, or grading shall be limited to April 1 to September 30, inclusive. Select clearing, filling, or grading activities may be allowed outside of this time period on a weekly basis, provided written approval is granted each week by BALD for specific activity. NOTE: Measures to mitigate the following identified impacts will be detennined by the Hearing Examiner and placed on the proposal under the authority of King County codes and ordinances at the time of the subdivision public hearing: Erosion and Sedimentation (KCC 9.08), Drainage (KCC 9.08), Surface Water Run-off (KCC 9.04), Sensitive Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction (Ord. #8041). NOTE: Due to incorporation, any statements referencing submittals to and review - by King County BALD, shall instead be submitted to and reviewed by Federal Way. Staff Response: This condition has been met. 26. The applicant shall participate with the city in developing and financing school bus crosswalks in the area. The exact location of these crosswalks shall be detennined by the City of Federal Way and the Federal Way School District. Staff Response: This condition is to be completed prior to the recording of the final plat. 27. The applicant shall demonstrate compliance with King County Slope-Density Ratio Residential Density Guidelines for Sloping Ground. Staff Response: This condition has been met. 28. The applicant shall demonstrate compliance with Administrative Guidelines for Building Setbacks From Hazardous Slopes On Plats and Short Plats. Staff Response: This condition has been met by the identification of building setback lines for each lot on the final plat map. . 29. A geotechnical/soils report shnll be submitted along with each building permit application for any lots containing slopes in excess of20 pei"cent. This condition shall be placed on the face of the plat prior to final plat recording. " Staff Report Final Plat of High Point Park III Page 16 Staff Response: This condition has been met as the above wording appears on the face of the final plat. 30. The easterly terminus of SW 331 st Place shall provide a temporary turnaround in conformance with the design criteria in the 1987 King County Road Standards. Staff Response: This condition has been met as a temporary turnaround is shown on the final plat map. VI. DECISIONAL CRITERIA Pursuant to Section 20-134 of the FWCC, 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. CRITERION #2: The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. CRITERION #3: All conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met. CRITERION #4: All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: The criterion has been met. All road and storm drainage improvements have been constructed. In addition, all water and sewer lines have been installed. Adequate bonding is in place with the city, Lakehaven Utility District, and the City of Tacoma. CRITERION #5: All taxes and assessments owing on the property have been paid. Staff Response: Prior to being recorded, the final plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. Staff Report Final Plat of High Point Park III Page 17 Vll CONCLUSION Based on a site visit, a review of the final plat map and text, construction drawings, and the project file, staff has determined that the application for final plat approval for High Point Park III meets all platting requirements ofRCW 58.17.070, King County Title 19, and Section 20-134 of the Federal Way City Code, and all other applicable city codes. A recomrriendation of final plat approval is therefore being forwarded to the City Council for their review and action. VIII EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit J Vicinity map. Reduced copy of preliminary plat. Reduced copy of final plat. Resolution 92-113 - June 16, 1992, City Council ofFeåeral Way Preliminary Plat Approval of High Point Park m with Accompanying Hearing Examiner Report, Findings, and Conditions. Draft resolution approving the subject final plat. City of Tacoma correspondence approving water system. Lakehaven Utility District correspondence approving sewer system. City of Federal Way Public Works Department correspondence accepting all street, sidewalk, storm drainage, and other required improvements. SEPA Mitigated Determination ofNonsignificance. UI'RMSYSIDOCUMENT\ILA 90 - PP.I<\STAFFRPT.DOC City of Federal Way High Point Park 3 (Final Plat) Detail Map Map D~te: November 5 1998 CityofF<>def31Way,' . f..¡~lwsa~~~A S!ÍðOO3 (253) 661.4000. This map is intended lor use as a g~!:~1~~w,,::~a~:~~~y. The warranty" to its accuracy. , '\ , . Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Fee LJ-..-~ . A ~ OF z.. ÞI a""~'OH I City of Federal Way High Point Park 3 (Final Plat) Vicinity Map .... Date: November 5, lQQ8. ~t~~ :~~W W~, Feder¡( W~, ':tA 98003 (253) 661.4000. This m¡p is intended lor use.. a 9r¡p- representation ONLY. The City of Feder¡( W~ makes no warranty" 10 its accuracy. VICinity Map :1\ f^'" . ~ / Scale: 1 to 10380 1 Inch equals 865 Feet 0 1,000 Feet '.8..1-_-'" N ( -- ...:;::::::_- HU ...."",11'- III >ltJll'd .INlad H91H '""~oN' "~o.~ .~~: "'~ ;!~ ~rl , I ,---- ~ ~ EXHIBIT E \3 OF { -;-~,~ , _h...-.õO. ) RESOLUTION NO. 92-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF HIGH POINT PARK III, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S89POO49 (FEDERAL WAY FILE NO. ILA-90-0014-SUB). WHEREAS, applicant had applied to King County for preliminary plat approval; and WHEREAS, subsequent to the application, but prior to the Hearing Examiner hearing on the preliminary plat, the City of Federal Way incorporated; and WHEREAS, an inter local agreement between the City of Federal Way and King County requires the city to make decisions on the preliminary plat application using Federal Way procedures and ) King County substantive criteria; and WHEREAS, as' a condition of extending applicant's timeline to complete the preliminary plat application process, the applicant ~as agreed. to the application of the Federal Way Code Tities 16 and 22~ relating to Parks and Open Space, and the 1990 Surface Water Design Manual Standards for this plat; and WHEREAS, the Federal Way Land Use Hearing Examiner h~ld a public hearing on May 12, 1992, concerning the preliminary plat of High Point Park III; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Findings, Conclusions, Conditions, Recommendations and Decision on May 20, 1992; and ) EXHIBIT D PAGE-LOF "LO COpy WHEREAS, the City Council of the city of Federal Way is the governmental body now having jurisdiction and authority to pass upon the approval, denial or modification of the conditions of said preliminary plat using the substantive criteria of the King county Codes; and WHEREAS, the City Council having considered the written record and recommendation of the Hearing Examiner, pursuant to FWC 16:110.40, on this date; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Findings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner issued on May 20, 1992, following a hearing held on May 12, 1992, which included a --) recommendation to approve the preliminary plat of High Point Park III subject to certain conditions, are hereby adopted as the Findings, Conclusions and Conditions of the City Council. Sectíon 2. The City Council makes the following ádditionar Findings of Fact: 1.. This plat and the conditions for approval assure that appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds; and ) - 2 - EXHIBIT [) PAGE~OF zo 2. The public interest will be served by the granting of ) this preliminary plat. Section J. Based upon the Find ings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner, as adopted by reference by the City Council set forth hereinabove and the additional Findings of Section 2 herein, the preliminary plat of High Point Park III, Building and Land Development File No. S89PO049 (Federal Way File No. lLA-90-0014-SUB) is hereby approved subject to the Conditions contained in the Recommendation of the Federal Way Land Use Hearing Examiner Report for this matter dated May 20, 1992, attached hereto as Exhibit A and incorporated by reference. section 4. The conditions of approval of the preliminary "") plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the condítions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the Hearing Examiner for the City of Federal Way to review the impacts of the invalidation of any condition or con~itions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 ) - J - EXHIBIT t> PAGE~OF 2.0 , and applicable county and/or City ordinances, rules and regulations and forward such recommendation to the City Council for further action. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of June 1992, CITY OF FEDERAL WAY ~(~ MAYOR, ROBERT STEAD -./1>~1 / -. ) ~ (j /~ ~~ ~ .JITY C~ MA EN M.SWANEY/ CMC I i i .J APPRO'k. D AS TO F::- \ " ACT~G CITY ATTORNEY, CAROLYN A. LAKE FILED WITH'THE CITY CLERK: June 10, 1992 PASSED BY THE CITY COUNCIL: June 16, 1992 RESOLUTION NO. 92-113 92L491 ) - 4- EXHIBIT D PAGE~OF 2.0 '\ I <"\ -.j .) -...",--.' " omCE OF THE HEARING EXAMD,"ER OF THE CITY OF FEDERAL \VA Y In Re the Application of Westmark Development Corporation FILE #ILA-90-0014-SUB FWHE #92-3 For Preliminary Plat Approval of that tract of land known as High Point Park ill RECOJ\.1J\1L,'DATION ON PRELIMINARY PLAT APPLICATION 1. BACKGROUND At,,'D STJMMARY OF APPLICATION High Point Park ill is a proposed subdivision of 11 acres into 20 single family lots (Exhibit A). The zoning for subject site at the time of application to King County (June 5, 1989) was RS 7200, Residential Single Fanúly. Proposed lot sizes range from 8,582 square feet to 49,910 square feet, with an average lot size of 18,818 square feet. Primary access is proposed from the west (Hoyt Road and S.W. 331st Place) and secondary access from the north (42nd Place S.W.). Currently, S.W. 331st Place bisects the property into two areas. This road is proposed to be widened to 28 feet in width and regraded. All roads are proposed to be constructed to King County full street improvements (no half-streets) with sidewalks on both sides. Hoyt Road is proposed to be reconstructed along the east half fronting subject subdivision. The applicant proposes to serve the subject subdivision by means of a public sewer and public water system managed by the Federal Way Water and Sewer District and Tacoma Public Utilities respectively. Public water and sewer are available to serve the site. IT. PROCEDURAL J},'FORMA TION Hearing Date: Decision Date: May 12, 1992 May 20, 1992 At the hearing the following presented testimony and evidence: 1.) Stephen Clifton, Senior Planner, City 'of Federal Way '33530 - 1st Way South, Federal Way, WA 98003 2.) Tom Touma, Project Engineer 15668 West Valley Highway, Seattle, WA 98188 EXHIBIT oiL. EXHIBIT \) PAGE-LOF 1.0 -----.------ " IllGH POINT PARK ill FILE HILA-9o...0014-SUB; F\VHE #92-3 PAGE 2 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1.) -¡ .) Staff Report A.) Preliminary Plat, Conceptual Grading and Utilities Plan, and Slope Analysis (Reduced). Vicinity Map. Application for Preliminary Approval (6/5/1989). Mitigated Detennination of Non-Significance (MDNS) (2113/1990). Prelirninary Plat on which the Mitigated DeteffiÚnation of Non- Significance was Issued. Appeal Letter of SEP A Determination (2/2111990) H=ing Examiner's Decision on SEPA Appeal (5/811991). King County Transmittal List. Correspondence from Department of Transportation (2113/1990). . Correspondence from King County Conservation District (2/19/1990)-. Correspondence from Washington Natural Gas (2/23/1990). Correspondence from King County Tmfic and Planning (2/12/1990). Correspondence from Washington State Department of Wildlife (411211990). N.) Correspondence from King County Geologist (3/14/1990). 0.) Correspondence from King County Department of Parks, Planning and Resources (519/1990). Correspondence from King County BALD Division Site Development Review Section (6/27/1989). 'Q.) Coìrespondence from Seattle-King County Department of Public Health and Environmental Services (5/26/1989). Correspondence from Federal Way Water and Sewer (5/19/1989). Correspondence from Federal Way Water and Sewer (5/2211989). Federal Way Development Review Correspondence from Federal Way Water and Sewer District (1116/1992). D.). Federal Way Development Review Correspondence from King County Fire District #39 (1116/1992). Y.) Federal Way Development Review Correspondence from Federal Way Building Department (111/1992). Soil Classifications and Approximate Boundaries. Map depicting existing drainage pattern. Correspondence from Susan Meyer, Wetlands Specialists (1116/1992). King County Administration Guidelines, Building Setbacks from Hazardous Slopes on Plats and Short Plats. AA.) Slope Analysis - Building Setback Lines from Hazardous Slopes. . AB.) King County Slope-Density-Ratio Residential Guidelines for Sloping Ground. B.) C.) D.) E.) F.) G.) H.) I.) J.) K.) L:) M.) P.) R.) S.) T.) W.) X.) Y.) 'Z.) EXHIBIT j) PAGE-'-OF lð , HIGH POINT PARK ill F1LE #ILA-90-0014-SUB; FWHE 1192-3 PAGE 3 'J ) 2.) 3,) 4.) 5.) AC.) King County Chapter 21.49 n Road Ade<{uacy Standards. AD.) CorTespondence from Federal Way Public Schools (1/24/1990). AE.) Correspondence from Federal Way Public Schools (1/10/1992). AF.) Map depicting school bus stops near subje<:t site. AG.) Map depicting parks and spaces near subje<:t site. AH.) Letter from King County to Tom Touma (7/8/1991). AI.) King County Motion 5952. Preliminary Plat Map Conceptual Grading and Utilities Plan Slope Analysis Letter submitted by Mrs. Robert Stiers ill.FTh'DINGS 1. The applicant has a possessory ownership 'interest in an ll-acre parcel of property bordered by Hoyt Road S.W. on the west, south of S.W. 329th Place. The site is bisected by S.W. 331st Place which provides acœss from Hoyt Road, with a secondary access from the north via 42nd Place S.W. 2. The site is zoned RS 7200, which is a single-family residential zone with a minimum lot size of 7,200 square feet. The applicant is proposing to develop the site consistent with said zone into 20 single-family residential lots, with a minimum lot size of 8,582 square feet, a maximum lot size of 49,910 square feet, and an average lot size of 18,818 square feet. Public sewer and water are available to serve all lots. 3. The site slopes downward from east to west from a maximum elevation"of 416 feet to a minimum elevation of 270 feet. Slopes range from 6% to over 40%, with the majority of the site averaging a 20% slope. The applicant has shown all slopes of 40% and steeper on the site plan. In addition, Native Growth Protection Easements are shown around all such slopes. Despite such slopes and easements all lots have an adequate building envelope to support a reasonably-sized single-family residential dwelling, without the necessity of a variance. Most of the steep slopes which exceed 40% are located in the south portion of the plat, which has the larger lot sizes. 4. The site is bisected by a major drainageway flowing from east to west across the south . portion of the plat and terminates at Tract B.which is located at the northwest comer of the intersection of S.W. 331st Place and Hoyt Road. TÍûs tract is the location of the plat drainage pond. In addition to the on-site detention facilities the drainage plan includes on-site filtration, oil/water separators, and a bio-fùtration swale. Condition 7 requires the applicant's drainage plan to meet the requirements of King County Ordinance Ç/1.63 and be designed by a professional engineer. EXHIBIT Þ PAGE-.LOF z.o '\ ') 10. ,) ffiGH POINT PARK III FILE fflLA-90-0014-SUB; Fì"IHE #92-3 PAGE 4 5. Except for the northeast corner, pJat soiJs consist of alderwood gravelly, sandy loam (AgD), which is characterized by severe erosion hazards. Building foundations are severely limited in AgD soiJs. A condition of approval requires that a site-spedfic geo- technical engineering report be submitted with each building permit application for lots containing slopes in excess of 20%. Goo-technical reports are also required to address road and utility construction. 6. The site is presently undeveloped and is heavily wooded with trees and second story vegetation. Surrounding uses include single-family residential plats, and a church bordering the east property line. The proposed single-family development is compatible with existing and proposed adjoining uses and the immediate neighborhood. 7. The site will generate approximately 224 vehicle trips per day and will not have a direct traffic impact on any intersection or roadway within the city of Federal Way operating at LOS F. Thus the traffic impact is below the threshold to warrant mitigation for surrounding roadways or intersections. However, the applicant has agreed to provide mitigating measures which include the design and-construction of roads in accordance with the 1981 King County Road Standards; the fe-grading of S.W. 331st Place to a uniform maximum slope of 15%; increasL,g the width of S.W. 331st Place from 26 feet to 28 feet; and correcting sub-standard site distance at two intersections within the plat and at the intersection of S.W. 33lst Place and Hoyt Road S.W.. 8. Because of the steep slopes on the site, in lieu of dedicating land for park purposes, the Federal Way Parks Department is recommending that the applicant pay a fee of $22, 185 pursuant to Title 22.30 of the Federal Way Zoning Code. The applicant has agreed with the alternative mitigating measure. 9. At the time the preliminary plat was submitted there were no ordinances in place requiring the mitigation of school impact fees, and therefore none will be required. However, the applicant has agreed to work with the school district to address crosswalk needs. The applicant questioned the need for an additional wildlife study since a similar study had been previously prepared in conjunction with the hearing on the environmental appeal in this matter. The Community Development Department agreed that a new study was not required, and the proposed condition requiring a study is eliminated. EXHIBIT t> PAGE-LOF l(t .) illGR POINT PARK ill FILE #ILA-90-0014-SUB; FWHE !tn-3 PAGE 5 11. A letter expressing concerns regarding drainage from this site and another site in the area was submitted by Mrs. Robert Stiers. She is concerned about existing drainage impacts to her property which is located down the hill from her site, and is further concerned that said impacts will be exacerbated by the development of this site. As previously indicated the drc.inage system will be designed by a professional engineer, and will be to King County Standards. The drainage system is adequate to accommodate storm water from the plat and downstream properties should not be adversely impacted. IV. CO;-"TLUSIOKS 1. The proposed preliminary plat of High Point Park ill is consistent and compatible with the goals and objectives of the 1985 King County Comprehensive Plan, and the 1986 Federal Way Community Plan and Area Zoning. If the appliCant complies with the recommended conditions of preliminary plat approval, the proposal will comply with Titles 19 and 21 of the King County Code, as well as other official land use contro1s'of King County. The proposed preliminary plat will also comply with the City of Federal Way Code Titles 16 and 20 for open space, and the 1990 King County Surface Water Manu.aI. 2. The proposed preliminary plat of High Point Park ill makes appropriate provisions for the public heälth, safety, and general welfare; open spaces; drc.inageways; streets and roads; transit stops; potable water supplies; sanitary waste; parks and recreations; playgrounds; schools and school grounds, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. The preliminary plat of High Point Park III will serve the public use and interest by providing an attractive location for single-family residential development in a growing area of Federal Way. ~.~. V. RECOMMEJ\'DATION It is hereby recommended that the request for preliminary plat approval of High Point Park ill be APPROVED subject to the following conditions: .) 1. The plat shall comply with all platting provisions of Title 19, King County Subdivision Ordinance (with the exception of 19.38, open space requirements, see condition #16). 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952 (Exhibit AI) except as modified for the City of Federal Way. . EXHIBiT ~ PAGE~OF zo ') HIGH POINT PARK ill FILE #ILA-90-0014-SUB; FWHE #92-3 PAGE 6 .) 7. J 3. The area and dimensions of all Jots shall meet the minimum requirements of the RS 7200 wne classification. Compliance with the conditions of preJiminary plat approval may result in reducing the number and/or location of lots as shown on the preliminary approved plat. 4. The applicant must obtain the approval of the City of Federal Way for the adequacy of the fue hydrant, water main, and fue flow standards. 5. A Developer Extension Agreement must be entered into between the applicant and the Federal Way Water and Sewer District for the water system. As part of the design of the water system, looping of the new system to existing mainlines may be required to provide circulation and maintenance enhancements, and piping . '. shall extend to far edges of the property in accordance with the requirement¡; of the Federal Way Water and Sewer District. 6. A Developer Extension Agreement must be entered into between the applicant and the Federal Way Water and Sewer District for the sewer system. As part of the agreement, the applicant will be required to extend sewer mains to the far edges of the property where property" can be served, and to construct off-site utilities to obtain services. In addition a collection system is required to extend to the f& edges where uphill property can be served. Final plat approval shall require full compliance with drainage provisions set forth .in King County Ordinance 9163 as established in the 1990 King County Surface Water Design Manual (1990 KCSWDM). Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent ~ of the Code and requirements and shall apply to ~ plats: . a. Federal Way Public Works Department approval of the drainage and roadway plans is required prior to any construction. b. A separate Erosion and Sediment Control (ESe) plan for t1ùs project shall be submitted with the drainage and roadway plans. The plan shall show the limits of the area to be cleared (limits of clearing) during construction of roads and the installation of drainage improvements and utilities, and provide a schedule of construction (construction sequence). The plans shall include provisions for protecting exposed soils from weathering by wind or rain by covering piles of soil with tarp. The plan shall comply with core requirement No.5 of the 1990 KCSWDM. /EXHIBIT ~ PAGE~OF 'U) ) illGR POINT PARK ill FILE ffILA-90-0014-SUB; FWHE 1192-3 PAGE 7 ) f. ) Due to potential erosion hazard, clearing shall be limited only to the months of April through September, and only to those areas required for construction of roadways and utilities. Prior to any clearing or grading, a boundary delineation acceptable to the City of Federal Way shall be provided on the site between lots and any areas designated as a NGPE. Said boundary delineation shall remain in place until a dwelling is constructed on the lot or ownership transferred to the first owner-occupant at which time a five foot fence shall be installed. c. Retention/detention (RID) facilities used to control runoff from the site to off-site drainage courses shall be located in a separate tract. Access for maintenance shall be provided to all facilities. This will require a 15-foot access roadway to all RID manholes. The design frequency stonn events shall be 2-year, 24 hour and lO-year, 24-hour with runoff from the site restricted to no more than the pre-developed runoff rates for those stonn events. Detention volume in the pond shall be increased above this design level by 30, percent in accordance with the 1990 KCSWDM. d. Prior to recording of the final plat, those portions of the retention/detention facilities necessary to control the flows discharging from the site shall be constructed and operational. e. Oil/water separation facilities shall be provided at each point of permanent storm drainage release from the site to prevent contaminants from entering the natural drainage features, both off-site and on-site. In addition to oil/water separators, the applicant is required to provide biof¡]tration prior to discharge of stormwater. Such biof1ltration includes 200 feet of broad, flat-bottom, grass-lined swales or equivalent, the design of which shall be in conformance with Section 4.6.3 of the 1990 KCSWDM. A 15-foot gravel access shall be provided along the entire length of each biofiltration. swale for maintenance. Drainage outlets (stub-outs) shall be provided for each individual lot, except for those lots approved for infiltration by the City of Federal Way. Stub-outs shall be shown on the engineered plans and shall confonn to the following: /EXHIBIT P PAGE-1LOF It> ') ;.) J ...-- ., illGR POINT PARK III FILE #ILA-90-0014-SUB; FWHE 1192-3 PAGE 8 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all futme roof downspouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location. 2) Outlets on each lot shall be located with a five-foot-high, 2" x 4" stake marked "storm". The stub-out shall extend above surface level, be visible and be secured to the stake. 3) Pipe material shall conform with underdrain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable feature detectable from the surface. 4) Drainage easements are required for drainage systems designed to convey flows through more than one lot. 5) All individual stub-outs shall be privately owned and maintained by the lot home owner. g. In some cases, on-site stormwater infiltration systems may be suitable for use on individual lots depending on soil conditions. The 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 6-foot Îninimum depth shall be submitted by a professional engineer, or soil specialist. llis 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 at the time of the building pernút. 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. A typical infIltration system design shall be submitted for approval with the plat drainage plans and shall be referenced on' the final plat map. The design shall be in conformance with Section 4.5.1 of the 1990 KCSWDM. EXHIBIT I> PAGE~OF to ..\ HIGH POINT PARK ill FILE #ll.A-90-0014-SUB; FWHE #92-3 PAGE 9 ..J j. 8. a. .) -"...,.,.-..,...", h. A downstream drainage analysis shaH be included WiÙl the dr;ùnage plan. nus analysis must extend for a minimum distance of 1/4 mile from the point of release of each flow discharging from tile site. The analysis shall confonn to Section 1.2.2 of the 1990 KCSWDM and must address any existing problems with flooding, capacity, overtopping, scouring, sloughing, erosion or sedimentation of any drainage facility, whether natural or man-made. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals a more restrictive situation, more stringent drainage controls, tilan would otherwise be necessary for a project of this type, may be required. These controls may include additional on-site rate and/or volume controls, off-site improvements, or a combination of both. Any off-site improvements will require the approval of all affected property owners. i. Current standard notes and Erosion/Sedimentation Control (ESC) notes, as established by the City of Federal Way Public Works Department, shall be placed on the engineered plans. The following note shall be placed on the face of the final plat map: "All building downspouts, footing drains, and drains from all impervious surfaces, such as patios and driveways, shall be connected to the permanent storm drnin outlet as shown on tile appíOved construction drawings on file with the City of Federal Way Public Works Department under Project #_' This plan shall be submitted with tile application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed prior to certificate of occupancy and shall comply with plans on file." The following shall be protected by a Native Growth Protection Easement (NGPE) , dedicated as separate tracts, and depicted on the engineering plans and the face of the recorded final plat * Areas with slopes of 40% or greater. * Slopes 25% or steeper adjacent to slopes of 40% or greater. * Tract "A" northeast of existing S.W. 33ht Place and proposed 42nd Place S.W. /EXHiBiT ~ PAGE~OF Zð ') ) J IDGH POINT PARK ill FILE #ILA-90-0014-SUB; FWHE 1192-3 PAGE 10 b. The following statement shall be shown on the approved engineering pJans and recorded final pJat: "Building Setbacks and Native Growth Protection Easements (NGPE) Structures, fill and obstructions (including, but not Jimited to decks, patios, outbuildings, fences or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted floodpJains (if applicable), and '",ithin any Native Grov,,1h Protection Easement(s) as established during engineering plan review. Dedication of a Native Growth Protection Easement (NGPE) conveys-to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of p]ant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by the City of Federal Way, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed or damaged without express permission from the city of Federal Way, which pennission must be obtained in writing from the City of Federal Way Department of Community Development or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Federal Way or its successor agency.. c. The boundaries of the NGPE and all Building Setback Lines (BSBL's) shall be shown on the face of the recorded plat by delineating their distance at each property boundary from an adjacent property corner and by indicating their distance from an approximately or precisely located natural feature (typically the top or toe of the slope). EXHIBIT D PAGE~OF to ') HIGH POINT PARK ill FILE #ÌLA-90-0014-SUBj FWHE #92-3 PAGE 11 9. -) 13. 14. J d. As part of the review, the applicant must prepare a special study rewmmending construction procedures to insure thZ! no impact will occur to any area within 10' of the NGPE and demonstrate that the Struchtre will in no way increase or concentrate surface water over the top of the slope. A five foot tall fence must be installed on the edge of any NGPE area at the time that a dwelling is constructed on the adjoining lot or ownership of that lot transfeITed to the first owner--oa::upant. 11ùs fence must be constructed of such material wlúch would allow visibility of the NGPE from the lots. A statement to this effect must be placed on the face of the rewrded plat. ~o. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 8041 (1987 King County Road Standards). 11. There shall be no direct vehicular access to or from Hoyt Road for any lots abutting it and S.W 331st Way for lots #7-#10. 12. All roadway improvements shall be improved with vertical curb, gutter, and sidewalks on both sides foE internal roadways, east side for Hoyt Road. a. All right-of-ways, roads, and sidewalks shall be dedicated to the public upon rewrding of the fInal plat. b. A geotechnical report shall be prepared by a licensed geotechlÙëa1 engineer to address recommended designs for the proposed roadways. The report shall detail the soil and groundwater conditions. The recommendations to ensure integrity of fuhtre roadways shall be subject to review and approval by the City of Federal Way. All internal roads will be constructed to King County full street improvements (no half-streets). The following lists the classification of each: a. b. 'c. S.W. 331st Place - Subcollector 42nd Place S.W. - Minor Access Unnamed cul-de-sac west of S.W. 331st Place - Minor Access Note: If paved width of minor access streets are to be less than 28 feet, each lot shall provide for four off-street parking stalls per King County King County Road Standards Section 2.03 note #8). EXHIBIT j) PAGE.lLOF 20 .} ) :D -~ IDGH POINT PARK ill FILE HILA-90-0014-SUB; FWHE 1192-3 PAGE 12 18. 20. 21. 22. 23. 15. Hoyt Road S. W. shall be constructed to lGng County full street Secondary Arterial standards for the east half fronting subject project. 16. Twelve feet of additional right-of-way for Hoyt Road S.W. shall be dedicated . along the western property boundary, allowing for 42 feet of right-of-way from the control centerline. 17. Hoyt Road improvements shall include a Class 2 Bicycle facility. 19. Planter islands within cul-de-sacs shall be landscaped to the approval of the City of Federal Way. The planter islands shall also be permanently maintained by the abutting lot owners: llis shall be stated on the face of the final plat. The applicant shall comply with Federal Way Titles 16 and 22 by providing for 1.1 acres of usable open space or pay to the City of Federal Way Parks Department a fee-in-lieu of reservation or dedication for usable open space and parks in the amount of $22,185.00. Any fencing constructed along .any street shall include a landscaped area placed along the perimeter of each fence. This shall be placed on the face of the plat prior to final plat recording. Adjacent property owners shall be responsible for the continued maintenance of subject landscaping. At the time of recording of the fillal plat, any open space areas, including any areas designated as a NGPE shall be dedicated as separate tracts. In order to provide for its ownership and continued maintenance, said tracts shall be either dedicated to the City of Federal Way or to a Homeowners Association or other workable organization. The determination as to ownership shall be made by the City of Federal Way prior to recording of the final plat. If a Homeowners Association is formed, the Declaration of Protective Covenants, Conditions, and Restrictions shall be reviewed by the City of Federal Way to ensure that adequate provisions are made for ownership and maintenance of - common areas. 'Easements shall be provided for all utilities not located within public right of way. The width of the easements for the individual utilities shall be approved by the respective utility provider. These easements shall be clearly labelled on the face of the final plat. . EXHIBIT t> PAGE~_OF 20 HIGH POINT PARK ill FILE #ILA-90-0014-SUB; FWHE #92-3 PAGE 13 24. A 10 foot utility easement shall be provided along the front 10 feet of all lots and tracts adjacent to the proposed streets. The following statement shall be noted on the face of the final plat: "Easement Reservations ) An easement is hereby reserved for and granted to any public utility and their respective successors and assigns, under and upon the front ten feet parallel with and adjoining the street frontage of all lots and tracts in wmch to install, lay, construct, renew. operate and maintain underground pipe, conduit, cables and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with utility service, together with the right to eñter upon the lots at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition. No utility lines shall be placed or pennitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. " 25. The following has been established by SEPA as a necessary requirement of this development as mitigation. The applicants shall demonstrate compliance with these items prior to final plat approval: Construction work related to clearing, filling, or grading shall be linùted to Aprill to September 30, inclusive. Select clearing, filling, or grading activities may be allowed outside of this time period on a weekly basis, provided written approval is granted each week by BALD for specific activity. NOTES: Measures to nùtigate the following identified impacts will be determined by the Hearing Examiner and placed on the proposal under the authority of King County codes and ordinances at the time of the Subdivision public hearing. Erosion and Sedimentation (KCC 9.08), Drainage (KCC 9.08), Surface Water Run-off (KCC 9.04), Sensitive - Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction (Ord. #8041). ,J Note: Due to incorporation, any statements referencing submittals to, and review by King Co)Jnty BALD, shall instead be submitted to, and reviewed by Federal Way. EXHIBIT --L- PAGE-.rLOF ~O HIGH POINT PARK ill FILE #ILA-90-0014-SUB¡ FWHE !t92-3 PAGE 14 26. 27. 28. 29. 30. .) The applicant shall participate with the City in developing and financing school bus crosswalks in the area. The exact location of these crosswalks shall be detennined by the City of Federal Way and the Federal Way School District. The applicant shall demonstrate compliance with King County SJope-Density Ratio Residential Density Guidelines for Sloping Ground. . The applicant shall demonstrate compliance with Administrative Guidelines Building Setbacks From Hazardous Slopes On Plats and Short Plats. A geotechnical/soils report shall be submitted along with each building pennit application for any lots containing slopes in excess of 20%. TIús condition shall be placed on the face of the plat prior to [mal plat recording. The easterly tenninus of S. W. 331st Place shall provide a temporary turnaround in confonnance with the design criteria in the 1987 King County Road Standards. Dated tIús 20th day of May, 1992. VI. RIGHTS TO RECONSIDERA nON AND CHALLENGE Any person who has a right to chalJenge a recommendation under the Federal Way Zoning. Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration (0 the Planning Department within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant (0 the provisions of the Federal Way Zoning Code. Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner EXHIBIT D PAGEiLOF zo J ") J lITGR POINT PARK ill FILE #1LA-90-0014-SUBj FWHE #92-3 PAGE 15 may be challenged by any person who is to receive a copy of tlJat rewmmendation pursuant to FWZC 155.60.6. That challenge, in tlJe form of a letter of challenge, must be delivered to tlJe Planning Department within fourteen (14) calendar days after the issuance of tlJe Hearing Examiner's recommendation or, if a request for reconsideration is f¡]ed, then within fourteen (14) calendar days of eitlJer tlJe decision of tlJe Hearing Exanùner denying tlJe request for reconsideration or tlJe reconsidered recommendation. The Jetter of challenge must contain a clear reference to tlJe matter being challenged and a statement of tlJe specific factual findings and conclusions of the Hearing Examiner disputed by tlJe person filing tlJe challenge. The person filing tlJe challenge shall include, with the letter of appeal, the fee established by the City. The appeal will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. EXHIBIT ø PAGE~OF Zt; -g~ G):r: m- ID I tI' ::¡ ~. 0 TIV' ~ ~ SCALE 1 "= 1 00) BASIS OF BEARINGS - KCAS 599.01' UNPLA ITED [IDœffi~TI RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING, WITH CONDITIONS THE FINAL PLAT OF HIGH POINT PARK III, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S89PO049 AND FEDERAL WAY FILE NO. ILA-90-0014SUB WHEREAS, the preliminary plat for High Point Park III, King County Building and Land Development File No. S89PO049 and city of Federal Way File No. lLA-90-0014SUB, was approved subject to conditions, on May 20,1992, by Federal Way Resolution No. 92-113, and WHEREAS, the applicant submitted the application for final plat for High Point Park III within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, city of Federal way Community Development services staff, having reviewed the proposed final plat for its conformance to the conditions of the preliminary plat; and WHEREAS, the Land Use/Transportation council committee considered the application for final plat for High Point Park III at its November ,1998 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 1. Findinas of Fact. The Federal Way city council makes the following Findings of Fact: Res.#-----, Pagel 1 EXHIBIT E. PAGE---1_0F 4- 1. The final plat for High point Park III, King County Building and Land Development File No. S89PO049 and City of Federal Way File No. ILA-90-0014SUB, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances and other land use controls in effect at the time of submittal of the complete application. 2. All conditions as contained in the May 20, 1992 Recommendation of the city of Federal Way Hearing Examiner, as adopted by the City Council in Resolution No. 92-113, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant. 3. Ninety five percent (95%) of all required improvements hàve been made and sufficient bond, assignment of funds, or other security have been accepted by the city of Federal Way as financial guaranty for completion of all required plat improvements. 4. All taxes and assessments owing on the property being subdivided have been paid. 5. The following additional conditions adopted by the city council on May 15, 1990 at the time of preliminary .plat approval have been satisfied: a. The applicant has constructed the surface water drainage system of sufficient capacity to provide detention for the volume of water involved in a one hundred year event storm, with an outflow rate equal to the two year event storm. Res.#-----, Pagel 2 EXHIBIT E PAGE~OF + b. The surface water drainage has been reviewed by King County Surface Water Management for compliance with the King County and Federal Way Surface Water Management Codes and meets the requirements of the King County Surface Water Management Department. c. In acknowledgment that the city of Federal Way had no City-owned park and recreation facilities at the time the preliminary plat was filed, and that a determination had been made by the applicant and the Hearing Examiner, that a fee in lieu of dedication should be paid to the City of Federal Way and not King County. Section ?. Approva]. Based upon the above Findings of Fact, the final plat of High Point Park III, King County Building and Land Development File No. S89P-OO49 and city of Federal Way File No. lLA-90-0014SUB, is approved, subject to execution and delivery of a Bond, Assignment of Funds, or other security instrument in form and content acceptable to the city, sufficient to guarantee satisfaction of the 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 pai~ by the applicant. Res.#-----, Pagel 3 EXHIBIT E PAGE-LOF 4- section 4. severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. section 5. Ratification. Any act consistent with the author~ty and prior to the effective date of the resolution is hereby ratified and affirmed. section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way city Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ------ day of ,1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. EXHIBIT E PAGE~_.OF + Res.#-----, Pagel 4 ,J.l/l~ .~.ll;lU lU;~ll=f<-~ r"". ¡'J!6¡ ,;.00.. AGREEMENT THIS AGREEMENT entcm1 into Ih.Is day of . 1996, bctwccn tho CITY OF TACOW.A. a muniåpa1 colpOralion, for and 00 bcbaIfoflts Departmcnl of Public Utilities, Water Division, hereinafter referred 10 IUI !be .CIIy,. and Davlin Consuucúon, Inc., and Uo.ivcrsIly Investment ColpOralion hereinafter referred 10 .. tho "Cont.ractor. and tho .Developer.. rcspocûvely. WlTNESSEm 1"IIA T: WHEREAS the Con1ractor and Developer have p~ 10 insIalI 8I1hc DcveIopet'a cost cctimalcd 10 be !he sum of: S 33.445, a water disIrlbuliOlt main and rcIaIcd operatIDg oquipmcnt and apPurtcnan= 10 Cily staJidards and speclBcalions at the panlcuIar location indicated in the following described area: The Plat of Hip Point PIJ'k m located at Hoyt Road S. W. 8IUI 33J It Place S. W., In the SW & SE J/I, Secdoa 11" nlN, 1UE. W.M. (private CAlatnct No. 1"3-31) the details of which are iuthct refcrrod 10 on Drawing No. 11193.31. anached hereto, marked Bxhibit . A . and by thla ref'crcncc Inoor¡>Ol8tcd bcrcin, and to furnish 8 bencl 10 the Cily. to guarantcc full pcrfonnanoc . II11d.to indcllU1l1ÿ II11d hold the Cúy hanllleu Jiom aU UeIIII and dcIbctlvc D1IICriaJs oc cqujPmcIII. 8 copy of ca.ld bond bomg attachCd, mad:cd BxhIbit "B, . and by thI8 ref- ineolpontcd herein, and ~REAS at the O?mplction of cald wod: !he Developer P~ 0P1. 0 said cystem and Improvement 10 the City. .'. .... - . . . NOW, THEREFORE, In COIisidcœlion of the mutual benefits to bC domed, It" 8gÌ'CCd as follows: I. The Contraçtor shall proceed 10 furnish said pcrformanoe bond 8nd, at the cost as determined byCIIy.-loconstruçt tho cald tmplOYClllClll in accordanœ.with Cily8l8nclanlcand cpcci.6a11iOIl8, a oopyof which I. atW:hod, marlced Exluòil .c,. and by the ~ incorporated hcrcia. 2. Upon completion of the wilrIc by theConlnldOt, and upo\a ec:c:cpCance of the ImPlOVCmcot by theCily for the pwpocc .of providing maintenance and opcratioa.the watei. main and appurtcll8I\occ automatically become 1M property oflM Cily. - 3. From the date of .acocpIanco of this proJec:t; the CIty ahaU - maintain and -operate the dJlòjn'bulÏonmalll5, VIM&, mctcr5, scmccs -and other~ and II'OYide service In I\QCIOrdancc with Chaptor 12.10 of the omclal Code of the Ci.1y of 1'açoma, aubjcct to aU tenns. covenanra and conditions thereof. . - -7;1-~L~ gmccr CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES #~~~ .Ålp~: ~ (j~M.H / t ~ Assi I Attorney ~.Q~ pcrinlcodc,?atcr Divi.lo CONTRACJ'OR: DAVLIN CONS'I1l. me. By~u/~f.()'JJ! 4A-' - 8Vld Wand, President ~. / !J./ LI/f~ .2>l1/HO,ðhféi.c,T ~f1A,Þf¡úJ.IV DEW PER: UNlVERSITYINV.CORP. "'_A a ^"~_. I LN"D2, /1'0/11 -><f LÑ'-C>wrTf'-"V EXHIBIT F PAGE~ I.___OF :3 c 11/18 '98 11: 10 ID:LANIERFAX3800 FAX: , PAGE '3 ~ 7åcolrUl Public UtIlities ç¡ober 2. 1997 M.." eó.... 01",<1", 3628 Soulh'~"h 5'«"" r,o, 80. 11("7 Tnaomn, WA 9~Il'OOO7 University Investment Corp, 8549 Hunts Pointe Lane Belleview W A 98004 Divi,ions Ughl w..'" BeItU.< Dear Gentlemen: Water Main Installed Under Private Contract No. 1993-31 High Point Park Division 3 Please be advised that ,the water mains and appurtenances installe« under dte subject projecfhave been constructed, hydrostatically tested, flushed, andsampled,in accordance witll ourapproved plans and specifications and are now in service. The fire £tow available in this area is approxnnately.8,OOO GPM for a duratio!l of 60 minutes. THESE NEW MAINS WILl, NOT BE OFFIClALLY ~CCEPTED for operation and mainicnance by dte City untilafter Cityforces perform a finalinspecti~ ofdté completed site, and all required correction to water 11)3.;0' facilities, are made. THE DEVELOPER MUST NOTIFY US AS SOON AS THE SITE IS COMl'LETED AND READY FOR FINAL iNSPECTION.' ' , ' The ContractorlDeveloper's Performance Bond shall remain in full force \IIld e£fcet for one year following final acceptance. If an Assignmcaitof FundS, Lcner of Credit, Cashier's Ch~ or Certificate of Deposit ~,submitted in'lieu of a Bond, it may be substituted for widt a performance Bond of the same',amount; ,at the time of finalacceptanec. ' F = for the installation of your :water services, should now be paid if you have not alrc:ady done so. . - Also, you should .notify your surveYor to prep~ the Wàter easements; if applicable. 'Note that if easements aro required no serviçeswiU be installed until the'appropriatc easements have been submitted to us for recording. , If you have any qUestiOIlS please call me at 502-8746 Sincerely, #.:ø~ Grant Whitley Utility Services Spceialist Water Division GW:ro Ene, ee: Davlin Construction, Inc. Carl Anderson, Public Works Bldg. Div, Tom Dolan, Public Works - RLUS *Tng-C~ Fire Marshal F<.I wA'f- EXHIBIT f PAGE-LOF 3 J.1/1O ,"0 ............. .W'l..HA"'-'" ~,~vv rT~ ~~ . TACOMA WAT" ----.---- --- 3628 Sout~ 3St~ Street P.O- Box 11007 Tacoma, W..hlngton 98411-0007 -_._-~ TACOMA PU8l1C UTILITIES "---------l I I I September 9,1998 Mr. Nizar Sayani University Investlnent Corp. 8549 Hunts Point Lane Belleview. W A 98004 Dear Mr. Savani; Final Acceptance oCPrlvate Contract No. 1993-31 We hereby certify that Davlin Construction, Inc. and Cobra ConstructIon Company has completed the work of installing a water main for the plat of High Point Park Div. m located in Hoyt Road & SW 331" Street, in accordance with approved plans and specifications. During construction, the material, appurtenant equipment and workmanship were inspected, and the main was tested hydrostIlticalIy under a pressure of200 p.s.i. The above installation complies with the requirement for a permanent water main, and - has been accepted this date by Tacoma Water for operation and maintenance as authorized by Public Utility Board Resolntion No. 8942. Sincerely, ~~ fr Linda McCrea, P.E. Water Distribution Manager cc: Davlin Construction, Inc. Cobra Construction Co. Jerry Thorson, Fire Marshall EXHIBIT F PAGE~OF 3 ¡ I I I -_J LM;ro doc;079lf RECEIVED BY CQI.I!.I1JN!1Y OEVROPKBIT OEPAROOM "ECEI":ED 11::5 DAY [~OV 1 8 199aIGH POINT PARK III Agreement No. 95-336 Ju:125 IZ 30 fil '% i.-- ".. '.'A>C H E E MEN ']' THIS AGREEMENT, entered into in dupHcate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District" and HIGH POINT JOINT VENTURE, CID UNIVERSITY INVESTMENT CORPORATION, 8549 HUNTS POINT LANE. BELLEVUE. WA 98004-1102. hereinafter referred to as "Developer'. WITNESSETH: WHEREAS. the District operates and ma1.nta1.ns a sanitary sewer system wi thin its boundaries which can serve property of Devel.oper. and WHEREAS, Developer desires to construct certa1.n sewer ma1.ns and appurténances at its own cost to serve Developer's property, for déHvéry to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that: 1. Thé land for which domesti.c sewer serv1.ce is re,quested . and to wh1.ch this Agreement appli.es, is real.ty 1.n K1.ng . County, Washington, legall.y described in Exhibit "A", attached hereto and by this reference incorporated here1.n. By execut1.ng this Agreement, Oeveloper represents and warrants that it is the owner of record of the above-described property. If such representation of ownership is invalid. this Agreement shall. be vo1.d. Developer agrees that the District may require Devel.oper to furn1.sh a title report for the property at Developer's expense. 2. At the time the Developer executes and delivers this signed Agreement to the District, the Devel.oper shall pay all assoc1.ated charges as set forth in Resolut1.on No. 95-793, or any subsequent amendment thereto, wh1.ch charges are more specifically described as foll.ows: Sect1.on B - AJ-2: Developer Extension Cl\arge - depos1. t against the District's adm1.n1.strative, 1.nspect1.on, engineer1.ng, legal and other costs, 1.ncluding the' cost of main clean1.ng prior to accept- ance, associated w1.th the extension of water facil1. ties. S 5,700.00 (See subsecti.ons a & b below.) . "'." Page 1 5tIJ r /11-00 em l~S IO.100ù ~5110.<GO ~~:¡. ":""i,':'~:;'.,J;.XHIBJT Go PAGE-LOF \~ Section C - AJ-3: Latecomßrs Admini- strativß l'ßß to Covßr thß District administrative cost for Latßcomßr pay- back associated cost. $ .00 Section E: Right-of-way construction to cover District's cost associated in the Right-of-way Construction Permit for city, county, and/or state permit. $ 00 Total: $ 5 700 00 a. These amounts shall be paid to the District, prior to the District's execution of the agreement, as a deposit against actual expenses. The District shall determine, on a monthly basis, its actual costs associated with the project and shall submit to Developer, if and at such time as its expenses exceed the deposit herein, a request to increase said deposit by such addi tional amounts as are due to repay the District for actual costs in excess of the amount previously collected plus an amount to increase said deposit to the next five hundred dollar ($500) increment. Payment shall be made within thirty days of the date of the letter requesting same. In the event that the deposit exceeds the District's actual expenses, the District shall issue to the Developer, at project closing, a refund of such unused amounts. tI> N <:!' 0 -i a ['.. a (f o. b. The Developer Extension Charge deposit includes the expense of the District's review of preliminary plans, which review shall not in any way be deemed an approval of plans for construction purposes. 3. In the event this Agreement is not executed and returned, along with the above-referenced charges, within six months from the date of transmittal of same to the Developer, which date of transmittal is APRIL "l.S 1.'I'It. , the Agreement shall be void and a new Developer Extension Application, alon¡¡ with application fee, will be required. 4. In the event work and construction described herein is not commenced within six (6) months from the date plans and specifications have been approved, this Agreement shall be void and of no force or effect whatsoever. In the event that work has commencE1,d within the time period specified herein, construction shall be completed on or before MAy ,:)\ 1"1'17 . If construction is not completed by such date, this Agreement shall be void and of no force or effect whatsoever. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement: 5. The District's engineers shall review final plans and specifications for sewer main construction to be performed by the Developer under this Agreement. If preliminary plans are not deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developer's contractor shall meet with District representatives for a pre- construction conference before construction is commenced. The Developer shall submit mylar originals and duplicate reproducible mylar originals prior the preconstruction conference. Page 2 :-:u.: "::.;.'J>'.. .:eXHIBIT G ':'.";'CPA'GE~OF >" -"..' .' \~ 6, Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed, In furtherance of this obligation, Developer shall procure from its design engineer, Tollm" Ene; neere' , or such other licensed engineer or surveyor thet will be consulting on the construction phase of the project, a written statement, which shall be eubmittad to the District prior to the preconstruction conference, warranting and guaranteeing that accurate data will be collected during construction of the facilities to enable the engineer to submit actual and reliable "as-built" locations to the District, At the conclusion of construction and prior to and as a condition of acceptance, the engineer shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and that the "as-built" drawings submi tted to the District are accurate and reliable, The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmi ttal of the warranty of location described above. No approval of any new engineer or surveyor shall be unreasonably withheld by the District, 7. In the event an easement is required over realty other than realty described in Paragraph No, 1 herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to the preconstruction conference. Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete. 8. Construction shall be performed in accordance with District approved plans and specifications and only under the supervision of workers or craftsmen experienced in the installation of sewer mains and the related work, 9. By execution of this Agreement, the District does not . guarantee sanitary sewer service will be provided to realty described herein. In the event that any District facilities, such as lift stations, treatment plants and sewer trunk lines, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections ¡.rhich would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damages which o=ur to Developer arising out of such District refusal to connect or time delay necessary to take remedial action. 10. The District shall not be obligated to allow connection of any property designated in the King County Sewerage General Plan as "Non-local Serv.1ce Area". 11. The Developer and its agents agree to indemnify and hold the' District harmless from any and all claims which may be assessed against the District as a result of the construct.1on or maintenance of the work described in this Agreement prior to acceptance by the District. The Developer shall maintain .1n full force and effect during the construction period, liability insurance in the minimum amounts as follows: Bodily injury liability coverage with limits of not less than $500,000.00 for bodily injury, including accidental death to anyone person, and subject'to that limit for Page 3 .' ',: "';;,:.,,;,..:./::.,-- . . U'""."",:",:, '~;ExfiiIBIT G- """"":"'!""::)~':'jí\::ÞJÙ:~fÈ~.OF '3 each person, in an amount of not less than $1,000,000,00 for each accident; and property damage coverage in an amount not less than Sl,OOO,OOO,OO for each accident. A certificate of insurance shall be provided, prior to the preconstruction conference, stating the amounts of the coverage and the inclusion of the District as an additional insured, Ten clays written notice shall he given to the Oistrict for cancellation or expiration of this insurance, 12, Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (not including Saturday, Sunday, or national holidays) prior to such date. No sewer facility shall be Covered prior to inspection, After work is commenced, it shall vigorously, consistently, and in a first-class workmanlike manner be carried to completion. Developer shall maintain at the construction area at all times during construction, a representative to whom District notices may be given regarding construction. Said representative shall be designated in writing by the Developer before start of work. Developer may request inspections during construction upon two (2) days notice to the District, 13. Testing of sewer facHi ties shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be acoepted. Developer agrees that at such time as the District has performed inspection of the sewer connection and has delivered an itemized punch list to Developer and/or Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. (!) N "" 0 ~ 0 [\. c: u. r:n 14. Upon completion of construction, Developer or contractor shall deliver to the District a bond in the amount of ten percent (10%) of construction costs or $5,000.00, whichever is greater, that a reliable contractor will make and pay for repairs necessary wi thin one (1) year from the date of acceptance of said construction, arising from faulty labor or material. Form,of bond is to be approved by attorney for the District. Developer shall also deliver a Bill of Sale for sewer mains and appurtenances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 15. Upon completion of construction, Developer shall submit for acceptance and approval to the District a statement of monies and/or other accounting of monies expended to perform construction described herein, together with such other engineering records and data as may be required by the District. 16. Work and construction performed undèr this Agreement shall not be connected to the District's sewer system until all provisions and requirements of this Agreement and District Resolutions, on the part of the Developer, have been fully complied with. 17. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent of Federal Way Water and Sewer. 18. Developer shall not assign this contract without the wri tten consent of the District. '", "". .',:" .." , "'::';"",: r::':"",,':"¿"r:, Page 4 :.:: 'EXH' ,',.::,~":,,." ;,' .', ': IBIT Gr "'ç ,,'¡,~" :"".-,.',- ..' .' .,. , :"', -""ÞAGË-LOF \~ 19. The District shaH provide sanitary sewer service following the District's acceptance of the sanitary sewer system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No. 95-793. Said connection charges shaH consist of the Capital Faci li ties Charge (CFC L Side Sewer Permit Fee and any other such charges to be levied in accordance with said District Resolution No. 95-793 or amendments thereto or any other applicable District Resolution at time service is requested. 20. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shaH not be a waiver of any other provision or condition of this Agreement. 21. This Agreement shaH constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, as stated herein, the District may foreclose said lien in the manner authorized by law. 22. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 23. Upon execution of this Agreement, the parti.es agree in the event ei. ther of them i.s requi.red to enforce any provi.sion or provi.si.ons of this Agreement agai.nst the other; that the prevai.li.ng party shall be enti.tled, i.n addi.ti.on to all other amounts to which it is otherwise entitled by this Agreement, to its actual attorney's fees and costs, including those i.ncurred on appeal. WITNESS our hands and seals. HIGH POINT JOINT VENTURE LAKEHAVEI'I UTILITY DISTRICT King County, Washingtof\ UNIVERSITY INVESTMENT CORP. Joint Venturer By 7íJ..~{j:t~ Its V. P'l., rt:!ttd Date: tJlL«.'17 11£ - {/; ~ ~/¿;~ ' 11~, Cu ér ervi.ces Dept. Dated: p-/3- "It. SILVER DEVELOPMENT CORPORATION Joint Venturer ::s ~" L . fJI,,; ì I,,'j~ Date: Page 5 '.'., '. ,...." ",::d:>:' ., .. ""')"':'.::' "':EXI-U.E;lIT G ;;";'tÞÂG:E~ 0 F .., i!" .." .'.;'." . 1'5 LUXOR INVESTMENT CORPORATION Joi...t Ve...turer By /øðb~ ' 11:57-cI.>'JÙ[/!/' Date: ¡J1iJ V 7/-4 199'< -.!- cer1;ify J::hat I ~now or have satisfactory evidence that - IQ<'r1"'?'1~N'-- signed this instrument, on oath stated that' was authodze¡:1 to execute the instrument and acknowledged it as the V P,""',d-",f. of UNIVERSITY INVESTMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ¿ Þ1~'T .. I certify that I know or have satisfactory evidence that- 4- ,;- ;JÓO'-U"'-/N/~ signed this instrument, on oath stated that ~ was authoriz~d to ~ecute the instrument and acknow~edged it as the Pv".,,/~-..d' of SILVER DEVELOPMENT CORPORATION, to be the free and vo~untary act of such party for the uses and purposes mentioned in the instrument. ~~f ó' STATE OF WASHINGTON County of King (1) N <:!' 0 ...¡ 0 ['- 0 (1) (j¡ DATED: MOUNIR H, TOUMA STATE OF WASHINGTON NOTARY-',- PUBLIC .1 to\!JISSIOH tXPIR£SB-<I,." STATE OF WASHINGTON County of King DATED: MOUNIR H, Tt STATE OF WASHING"", NOT MY ...- PUBLIC 'Y COIWISSIOll tXPIRUI-o,-" ) ) ss: ) /, /:??¿ ~."'.,~. (. Notarv Puhlic Title ,(u~ My appointment expires ?!<j//9f') ) ) ss: } ;7 , /7n ~ ~,~~ :p Notarv Puhl if-. Tit~e ",-"... ~ My appointment expires g'/~ /Iff!' --. ," " ':::,.: Page 6 ,,:.: :,. ";',C>:,,': ... '.:' ::,'¡ ";...;1:.' " .. ..:<,~" :'; :~t.<.>;~:~:; :',' ,:"'-;::~':¡;<;;,,'¡.:~EXHIBIT G PAGE~OF \3 STATE OF Wl\SHINGTON ) ) ss: ) County of King I certify that I J;oow cr have satisfi\ctory evidence that -- /4//7)¡"c-I 1'f°h"--7L signed this instrument, on oath stated that ~ was auyloorize(l tg execute the instrument and acknowledged it as the P;-'6!-:J/aä-<.( of LUXOR INVESTMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. L fl{~i ~ DATED: MOUr¡ir, n. . STATE OF WASHING!"" NOTARY -.- PUBLIC "' COWlIS"," EXPIR(S 8-0'-" ~ N <d' 0 .., 0 i'- 0 to ~ MOUNIR H. TOUMA STATE OF WASHINGTON NOTARY ...- PUBLIC "' CO""ISS'O' CXPIR£S 8-00-0' 177¿ ¿' ~---_. Nn~(:,:;:~ J/} ~ Title My appointment expires g/y/¡ffl Page 7 . .-.-,' . :"1::':"'..:: -.:' - - ..;'J~xHr8'IT 6- ,,:,;,::'PAGE~OF \!Þ ":-' '.. RECEIVED BY OOI.IMUNllY DEVELOPMENT DEPARTMENT ~Ol/ 1 8 1998 HIGH POINT PARK III Agreement No. 95-336 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and HIGH POINT PARK JOINT VENTURE, C/O UNIVERSITY INVESTMENT CORPORATION, 8549 HUNTS POINT LANE, BELLEVUE, WA 98004-1.1.02, hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on May 13, 1997, hereinafter referred to as "Agreement", t!=' provide for the construction of certain sewer facilities for connection to the District's sanitary sewer system, which Agreement was recorded under King County Auditor's File No. 96070l0462, and WHEREAS, to acconunodate Developer's construction schedule, the District desires to allow an extension in the construction period, as sarne is referenced in the Agreement; NOW, THEREFORE, BE IT AGREED as follows: 1. It is agreed that the original completion date set forth in Paragraph No.4 of the Agreement shall be extended to January 31, 1999, in conformance with the provisions set forth therein. 2. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect. Page 1. EXHIBIT Go PAGE--LOF I) WITNESS our hands and seals. HIGH POINT JOINT VENTURE UNIVERSITY INVESTMENT CORP. Joint Venturer By ßR-.rM/..- Its ç #"" rLuJ Date: O(r~ '2-1. (q'l,J? I SILVER DEVELOPMENT CORPORATION Joint Venturer ;4t ~L. By / Its PYtSrtluJ Date: {l(f f!-p if- /tJ'lC LUXOR INVESTMENT CORPORATION Joint Venturer By IM~ P UJ ( 1I6tI ( W(~!18.' . Its Date: Page 2 LAKEHAVEN UTILITY DISTRICT King County, Washington ??~ 7 z.- MaRa§'eFf ~o=-geFV'~ ~ Water Operat10ns & Eng1neer1ng Manager Dated: jt/ov (~ /'118 EXHIBIT (8- PAGE-,-OF ,~ STATE OF WASHINGTON ) ) 55: ) County of King I certify that I know or have satisfactory evidence that--- T¥¡.Jtl11. SAYA:ßi signed this instrument, on oath stated that fH~ was authorized to execute the instrument and acknowledged it as the f>llal1J~ of UNIVERSITY INVESTMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: oJ. ,)..1, /Jlf'r ~ ~~~ Notarv Public Title ~ rJ,OUNIR H. TOUMA STATE OF WASHINGTON NOT ARY --.-- PUBLIC MY COMM:SSiO~ [x1':RE~ti-O9-99 My appointment expires <¿,hi I9PÝ" STATE OF WASHINGTON ) ) ss: ) County of King I certif I know or have satisfactory evidence that--- á- II:. signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged i"t as the /JbHr1JFI/T of SILVER DEVELOPMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: D cß. ;J-o / /fl9P No~i;'~ t1 ~ 1 !.U .,-- MOUNIR H. TOUMA STATE OF WASHINGTON NOTARY --.-- PUBLIC MY COMMISSION EXf'IRES8-09-99 Title r/9 )/911'" My appointment expires Page 3 EXHIBIT Go PAGE~OF '3 STATE OF WASHINGTON ) ) ss: ) County of King I certi~that I know or have satisfactory evidence that --- U ME1> /(/t-NI signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of LUKOR INVESTMENT CORPORATION, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. I. .. ", L ~ ;;.\ j /9fð M~p, '-- Notary Public Title DATED: 0 c-f2 . ól<J , ,- ~ ...::'1,i;'::CN t;C~ ARY --.-- PUöUC Uy COL{U:SSIO:¡ £r.P1¡¡¡:s 8-09-99 My appointment expires r/;¡ /;/,ß7 Page 4 EXHIBIT Go PAGE--.1LOF '3 Exhibit MAM High Point Park III - LEGAL DESCRIPTION That portion of the northwest quarter of the southeast quarter of Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington, and of the northeast quarter of the southwest quarter of said Section 14 lying easterly of Dumas Bay Road (also known as . F.B. Hoyt Road Southwest and 47th Avenue Southwest) as conveyed to King County by instruments recorded under Recording Number 5075182; EXCEPT the north 658.46 feet thereof as measured along the east line of said northwest quarter of the southeast quarter; AND EXCEPT all that portion lying east of a line beginning at a point on the south line of said northwest quarter of the southeast quarter which lies 650.00 feet west of the southeast quarter corner of said'subdivision and running northwesterly to a point on the south line of the north 658.46 feet (measured along the east line of said subdivision) which lies 950.00 feet westerly of the east line of said subdivision. (J) N ...... ~ 0 t"- O c.D (j) '. .,.. p 1 c.: ,. EXHIBIT & :'PAGE':ft:Ò.F::.ti::'..~ ---- .1.. ..-. . .'" :." ..; .:.:J .' " . ~ ~ ù'I1tiry Dl5~ LAIŒHA VEN UTILITY D IS TRI cr 31627 -1st Avenue South. P.O. Box 4249. Federal Way, Washington 98063 Seattle: 253-941-1516. Tacoma: 253-927-2922 . Fax: 253-839-9310 November 19, 1998 Marion Hess City ofFedera1 Way 33530 First Way South Federal Way, WA 98003 Re: Developer Extension Agreement No. 98-336 Plat offfigh Point Park III Dear Mr. Hess: This letter serves as a status report on the referenced project for your use in advising the City of . Federal WayCouncil on final plat approval. The sanitary sewer has been installed to . District Standards by the. developer and the District has inspected and tested the system as constructed. The developer has extended the .sanitary sewer to the southerly edge of property in accordance with the District's.Resolution No. 86-070. Resolution 86-070 states that everyone is required to extend the water and/or sewer to the fur edge of property where adjacent property can be served. The District will allow service connections to the system. The following items remain outstanding and are required for final acceptance of the sewer system for maintenance and operation by the District: 1. Acceptance of the "as-built" original fixed-line mylar sewer plans. Your engineer has submitted "as-built" mylars, but they win need some modifications before they are acceptable.. . Reconciliation of the project account. 2. Please contact me at (253) 946-5406, if you have any questions.'- .- Sincerely, ~~ Engineering Technician :r AJ/krb EXHIBIT Go PAGE-.lLOF " c: University Investment Corp. .Nizar Sayani Touma Engineers Tom Jovanovich Commissioner Dick Moyer Commissioner Donald LP. WUer Commissioner Muk Wloscia Corntnßsioner Beverly J. Twedd Commissioner interoffice MEMORANDUM Federal Way Dep't of Public Works Development Services Division To: From: Marion Hess, Senior Planner /. Trent Ward, Acting Senior Development Engineei ,-W- SUB97-ûOOWLA 9O-PPI4; High Point Park ill Fmal PIat 11118/98 Subject: Date: PLAT IMPROVRMRNTS CONSTRTJCITON APPROVAL 1. The Public Works Development Services division has completed construction inspection of subject plat and hereby deems the civil site improvements acceptable and in compliance with the approved civil design drawings issued under ITA 9O-PPI4 (dated 4-1-%) and applicable Federal Way City Code (FWCC). The "Performance" portion of the applicant's bond will be released upon receipt of all outstanding Public Works fees. Subsequent to the release of the Performance bond, the project's (2) year Maintenance bond will be in effect to guarantee against defective materials and worIcmanship in the construction of the improvements and to insure continued maintenance of the improvements. 2. Pursuant to item (26) of the Hearing Examiners conditions of approval: "The applicant shall participate in developing and financing school bus crosswalks in the area. The exact location of these crosswalks shall be determined by the City of Federal Way and the Federal Way School District." This condition shall be complied with prior to occupancy of any residence constructed within the plat. FINAL PLAT APPROVAL Prio. to recording the Final Plat map for said pIat, the following conditions shall be met: 1. 2. 3. All outstanding Public Works fees shall be paid in full. As-built drawings shall be submitted to the Public Works Dept. for review. The bio-filtration swale is constructed along the westerly side of lot I and Tract "D". As such, a storm drainage easement shall be granted to the City of Federal Way Public Works Dept. for facility maintenance and operations purposes. Said easement shall comply with the requirements as set forth in the 1990 King County Surface Water Design Manual (KCSWDM) and shall be clearly noted on the face of the plat. L,IPRMSYSlDOCUMENTlSUB97 _OO.OIlPWI I I 698.DOC EXHIBIT ~ PAGE-L_OF ( @ King County Building & t..,nd Development Divi.ion PH", Plonn;ng onrl Re,ooceo, Dep,"men< 3600. 136th pl,cc 5<>oth,," Oellen". """'ington 90006.1400 Determination of Non-Significance (Mitigated) Effective Determination Date: February 13, 1990 FILE: S89PO049 High Point Div. 3 Proponent: Westmark Development Corp. 575-0481 RECEIVED PEa 1 3 1990 SUBDIVISIONS 16400 Southcenter Parkway #303 Tukwila, WA 98188 Proposal Description: The subdivision of 11 acres into 25 lots in the RS 7200 (Single Family Resi- dential) zone. Location: Generally between Hoyt Rd SW and 40th ct SW, and between SW 332nd Pl and SW 330th Pl (if all were extended), in Federal Way. . COMMUNITY PLAN: Federal Way DRAINAGE SUBBASiN: Lower pugèt Sound STR: w l4-;1l":03 Mitigation under SEPA for this proposal includes: 1. Applicant shall submit a study, prepared by a wildlife habitat biologist . containing an inventory of on-site wildlife & wildlife habitat and recommendL tions to reduce impacts to wildlife & habitat. Any species inventoried in this study and verified by WA State Dept. of wildlife (WDW) as being endangered or threatened, as defined under the Revised Code of WA 77.12.020, shall be pro- tected by wildlife buffers as recommended by the WDW. wildlife buffer require- ments to be implemented by the applicant, if any, shall be reviewed & approved by KC BALD, Subdivision Technical Commitee, in consultation with KC Resource Planning prior to the preliminary plat approval. If buffers are required, the subdivision shall be redesigned to reflect and provide the buffers. 2. construction work related to clearing, filling, or grading shall be limited to April 1 to Sept.30, inclusive. Select clearing, filling, and gr~ding acti- vities may be allowed outside of this time period on a weekly basis, provided written approval is granted each week by BALD for specific activity. NOTES: Measures to mitigate the following identified impacts will be deter- mined by the Hearing Examiner and placed on the proposal under the authority of KC Codes/Ordinances at the time of the Subdivision public hearing: Erosion and Sedimentation (KCC 9.08), Drainage (KCC 9.08), Surface Water Bun- Off (KCC 9.04), Sensitive Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction (Ord.8041). The Building and Land Development Division has determined that an environmen- tal impact statement (EIS) is not required under RCW 43.21C, WAC 197-11, and KCC 20.44. This decision was made after review of a completed environmental checklist, other information on file at the Division's o~fice, and mitigation proposed and/or required as part of this project. The proposal or required mitigation is now part of the proposed action. T,,~~~ and~ agree- ments are deemed necessary to mitigate environmeEIj\~tt ident~ed during the environmental review process. PAGE--LOF Z- b~ ) Page 2 FILE: S89PO049 Any interested party may submit written comments on tO1s propOsaL. WTìtten comments or appeals must be received in the BALD office before 4:30 pm on ' February 28, 1990 Any appeal shall state with specificity the reasons why the determination should be reversed. ALL APPEALS MUST BE ACCOMPANIED BY A NON-REFUNDABLE $70.( FILING FEE. Comments or appeals should be addressed to: King County Building and 3600 - 136th Place SE Bellevue, WA 98006 ATTN: SEPA Center Phone: (206) 296-6662 Land Development Division PLEASE REFERENCE FILE NUMBERS WHEN CORRESPONDING. R~fr~~~ / LEGEND: NGPE = NATIVE GROWTH PROTECTION E::E~N;- 'l) BSBL = BUILDING SETBACK LINE KC BALD = KING COUNTY BUILDING AND LAND DEVELOPMENT DIVISION EXHIBIT I PAGE_~__OF t.