Ord 97-288
,¡'i
ORDINANCE NO. 97-288
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, REZONING A PORTION OF AN
APPROXIMATE 29.5 ACRE SITE GENERALLY LOCATED BETWEEN
SOUTH 282nd AND SOUTH 284th STREETS, WEST OF MILITARY
ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE-
FAMILY RESIDENTIAL (RS 9.6) TO SINGLE-FAMILY RESIDENTIAL
(RS 7.2), (REZ92-0003).
WHEREAS, the applicant, ParkLane Ventures has a possessory ownership interest
in a 41.9 acre parcel of property located on the west side of Military Road immediately
south of its intersection with South Star Lake Road and Interstate 5 overpass; and
WHEREAS, the western 12.4 acres of the site are presently zoned RS 7,2, while
the eastern 29.5 acres are presently zoned RS 9.6; and
WHEREAS, the applicant is requesting a zoning change (application No. REZ92-
0003) for the eastern 29.5 acres to RS 7.2, and is additionally requesting to subdivide the
entire site into III single-faoùly residential lots (commonly known as Heritage Woods),
pursuant to Federal Way Prelioùnary Plat Application Nos. SUB9I-000I and SUB92-
0005; and
WHEREAS, the prelioùnary plat has been split into two divisions; and
WHEREAS, Heritage Wood Division I comprises approximately 28 acres of
which approximately 5, 2 acres is zoned RS 7.2 and the remaining 22,8 acres is zoned RS
9.6; and
WHEREAS, the property to be rezoned in Division I is legally described as
contained in Exhibit A attached hereto; and
ORDINANCE NO. 97-28?PAGE # I
2'
WHEREAS, the applicant in 1992 applied for a project rezone, wherein the City
evaluated the applicant's specific development proposal for the subject property as part of
the decision on the rezone; and
WHEREAS, pursuant to Federal Way Zoning Code 22-296, a project related
rezone is processed according to Process III described in 22-476 of the Federal Way
Zoning Code; and
WHEREAS, after all proper notice requirements, a public hearing was held on the
project specific rezone and Preliminary Plat Application on June I, 1992; and
WHEREAS, the City of Federal Way Hearing Examiner, having heard public
testimony and reviewed all written comments and evidence presented, issued a
Recommendation on Rezone and Preliminary Plat Application on June 16, 1992; and
WHEREAS, the Hearing Examiner recommended that the request for rezone
classification from RS 9.6 to RS 7.2 (application No. REZ92-0003) and the preliminary
plat approval for Heritage Woods, Federal Way Preliminary Plat Application Nos.
SUB91-0001 and SUB92-0005 be approved subject to the conditions contained in the
Recommendation on Rezone and Preliminary Plat Application; and
WHEREAS, Heritage Woods Division I has been constructed and financially
guaranteed in compliance with the preliminary plat approval, and Chapter 20 of the
Federal Way City Code; and
WHEREAS, the City Council on October 20, 1992 preliminarily approved the
project related rezone pursuant to the Intent to Rezone in Federal Way City Council
Resolution 92-122; NOW, THEREFORE,
ORDINANCE NO. 97-2~~AGE # 2
(.I"
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1 Criteria to Rezone. The City Council makes the following Findings of
Fact pursuant to Federal Way City Code 22-302:
1. The proiect related rezone is in the best interests of the residents of the City
In addition to developing the site in accordance with all City codes and
regulations, the applicant is providing almost twice the open space required by
applicable codes, and is constructing a public park area on 4.1 acres and
dedicating the improvement along with the acreage to the City. Furthennore,
the applicant is buffering existing adjoining developments, protecting and
restoring sensitive areas, and providing walkways to ensure safe access to
schools.
2. The proposed rezone is appropriate because the rezone will correct a zone
classification or zone boundary that was inappropriate when established
The site is located within the suburban residential land use classification of the
applicable comprehensive plan. Both RS 7.2 and RS 9.6 single-family zones
are allowable within this classification. The properties adjoining the south and
west of the site are currently zoned RS 7.2. The site itself is split-zoned, with
approximately 30% being zoned RS 7.2. The RS 9.2 properties are generally
located east of Old Military Road, with the smaller lot sizes on the west side of
ORDINANCE NO. 97-28,8>AGE#3
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Old Military Road. The zone reclassification would allow comparable density
and development standards throughout the entire site.
3. The proiect related rezone is consistent with the Federal W1I.v Zoning Code in
all respects.
4. The site plan of the proposed proiect is designed to minimize all adverse
impacts on developed properties in the immediate vicinity of the subiect
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5. The site plan is designed to minimize impacts upon public services and utilities
Section 2 Findings ofF act. The City Council of the City of Federal Way
adopts the Findings of Fact contained in the Hearing Examiner's June 16, 1992
Recommendation on Rezone and Preliminary Plat Application, attached hereto as
Exhibit B and incorporated herein by this reference.
The applicant has constructed and financially guaranteed Heritage Woods
Division I in confonnance with the Intent to Rezone in Resolution 92-122, and
the preliminary plat approval.
Section 3 Rezone. The property legally described in Exhibit A attached
hereto, located generally between South 282nd and 284th streets, west of Military
ORDINANCE NO. 97-28?PAGE # 4
.
Road, within the City of Federal Way is rezoned ITom Single-Family Residential
(RS 9.6) to Single-Family Residential (RS 7.2). Approval of this rezone shall be
subject to those Conditions 1 through 18, as contained in the Federal Way Hearing
Examiner's Recommendation on Rezone and Preliminary Plat Application, dated
June 16, 1992 and adopted by reference herein and further subject to the
conditions contained in the Decision of the Hearing Examiner on Reconsideration
dated October 2, 1992 , attached hereto as Exhibit C and incorporated herein by
this reference.
Section 4 Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence; clause or phrase of this ordinance.
Section 5 Effective Date. This ordinance shall be effective five (5) days
after passage and publication of an approved summary consisting of the title
hereto.
PASSED by the City Council of the City of Federal Way this ~ay of
~.ruJ'O}1l J.. ,1997.
U
ORDlNANCENO. 97-28SPAGE#5
CITY OF FEDERAL WAY
"l/tf~~
MAYOR, MAHLON S. PRIEST
t.~
APPROVED AS TO FORM:
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~IPrAT a ,ONDIKLINDELL
Fil.ED WITH THE CITY CLERK:
PASSES BY THE CITY COUNCil.:
PUBLISHED:
EFFECTiVE DATE:
ORDINANCE NO.
02-11-97
02-l8-97
02-22-97
02-27-97
97-288
ORDINANCE NO.97-28~ PAGE # 6
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ßJ¡) k31 t A
Legal Description Division I lierltage Woods .
1ñ!ilt portion of Section 33, Township 22 N.orth, Range 4 East, W.M_.
in Kîng COIJI'1ty, Washington. more particularly described as follows:
Beginning at !he center of Slik! sact!on 33, said point being a concrete
monument with l3~ss caþ and Bears N 01"03'43" Eo a distance of 2632.77
feet from the South Quarter comer (Mol1Ument In Case) óf said Section 33-
thence Nol1h ~34'O4" EaSt. along the Northwesterly line of tract 6, Red~
Heighl:i unrecorded plat, Q distance of 773.45 feet to the most. Northerly comer
of said lot 8; thence South Sfr42'1 f!I' EB5t along the Northeasterty line of said
lot 6, a distance of 654.~ feet to !he Westerly margin of Olel. Military Road;
thence South 44°15'44" West along said margin, 21 distance of 207.55 feet 10
the South line of the Southwesi Quarter of !he Northeast Quarter Or said Section
. 33; thence South 88°28'41" East along said SoUth line, a distance of 83.65 feel
to \he Easterly margin of Old MIlitary Road; thfJl1Ce North 44°15'44" Eest along
said Easterty margin, a distance of 294.70 feet to an intersection With the East
line of the Southwest Quarter of the Northeast Quarter of $Oid Section 33;
thence South 01°10'12" West along said East line, a distance of 47.70 feet to the
West.er1y margin being SO.OO feet at right angles thereto the œnterline of said
New Military Road South, a di:sÜlnce of 203,36 feei, to the South line of said
SubdIvision; thence North EW23'41 " West along said Subdivision line, a
distance of 24.05 feet to an Intersection with the Northwesterty Right of
Way line of New MilitaIy Road South; thence Soulh 35"22'32" West eIlong the
Northwesterly Right of Way line of New Mililary Road SOUth, being SO.OO feet
at right angles thereto the center line of New Military Road South. ð distance of
828.72 feet to a point on a curve to the Left from whiCh the radius point bears
North 54°37'28" Weøt, having a radius of 25.00 feet arid a central anglo of
102°42'36"; thence along said curve, an arcdislsnœ of 44.62 feet to a point
of compound curvature having a radius of 718.38 and a central angle of
8°28'49"; thence an arc dì!)tence of 106.83 foot to 8 poInt of compound
curvatura having a radius of 25.00 and a central angle of 66°06'49"; thence
an arc (IIst.nee of 37.14 feet to II poinlof revet'$e curve to the Right from whict1 .
the radius point bears North 70°55'41" West, having a radius of 350.00 feet and
a central angle at 6'1 0'56"; thence I!IfI arc distance of 37.76 feet along said
curve: thence North 64°44'45" West radial to said curve, a distance of 50.00
feet to the beginnln,g of a CUNC to the Right, radial to said line, having a radius
of 300.00 feet and a central angle of 10.07'17"; thence along said curve an arc
distance of 53,00 feet; thence South 35"22'32" west tangent to said curve, a
distance of 62.00 feet thence North 54"37'26" West, a distance of 145.00 feet;
thence North 73.11'00" West, a distance of 124.54 feet; thence South 72°09'04"
West, a distance of 193_84 feel; thence North 89°38'02" West, a distance of 69.23
feet, thence South 17"31'41" East, EI distance of 110.02 feet to the beginning of a
curve Ie the Left, radial to saId line, having a radius of 50.00 feet and a central
I;
;
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<II1gle of 57°24'4$'~ thence along said curve an arc dIstance of 50.10 f901; thence
"North ~4656'2?" W~t. radlai to said curv~, a distance of 109.74 feet; thence North
B8°~17" Weèt, a distance of 110.00 feet; thence North 01-03'43" East, a dislance
of248.4S feei; thence south 8865517" Eas~ Q distance of 110.00 fCil9t; thence
North 01°40'43'" Eåst, a distance of 186.67 foo~ thence North 79013'08" West. II
distanC\' of 110.00 feel; thence South 00639'24" West. a distance Of 51.29 feet;
thance North 81°36'36" West, a dishmœ of 112.12 faei; thence North 01003'43"
Eas~ á distance of 356.36 feet; !hence South 88623'27" East, a distance of 411.28
feet to the True Point of Beginning. ContainIng 27.74 Aaes, mom () " less.
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CITY OF FEDERAL WAY
OFnCROFTHEHE~GEXAMThŒR
In Re the Application of
Parklane Ventures, Inc.
FILE #SUB 91-0001; RZ-92-0001
FWHE #92-4
For Rezone and Preliminary
Plat Approval of that tract
of land known as Heritage Woods
RECOMMF.NDA TION ON REZONE AND
PRELIMINARY PLAT APPLICATION
I. BACKGROUND AND SUMMARY OF APPLICAT1QN
The applicant is proposing development of a III lot single-family residential preliminary plat.
In addition, the applicant is proposing to rezone the easterly 29.5 acres of the site from RS 9.6
(Single Family Residential) to RS 7.2 (Single Family Residential).
U. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
June 1, 1992
June 16, 1992
At the hearing the following presented testimony and evidence:
1.)
Greg Fewins, Senior Planner, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
2.)
Tim Miller, Traffic Engineer, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
3.)
Joel Haggard, Attorney at Law (In Behalf of Applicant)
1515 IBM Building, Seattle, WA 98101
4.)
Rob Flitton, Parklane Ventures
31620 - 23rd Avenue South, Federal Way, WA 98003
5.)
Don Carr, David Evans & Associates, Inc.
415 - 118th Avenue S.E., Bellevue, WA geOO4
6.)
Dale Offin, Technical Services
15559 S.E. 67th Place, Bellevue, WA 98006
7.)
Kenneth Hamilton
28425 Military Road South, Federal Way, WA 98003
I
r-
, PARK LANE VENTURESIHERITAGE WOODS
FILE #SUB-91-OOO1; RZ-92-OOOI
FWHE FILE #92-4
PAGE 2
10.)
I!.)
12.)
13.)
8.)
Don Fountain, Federal Way School District
31405 - 18th Avenue South, Federal Way, WA 98003
9.)
Pat Byrne
28216 Military Road South, Federal Way, WA 98003
H. David Kaplan
30240 - 27th Avenue South, Federal Way, WA 98003
Craig Walter
2539 South 279th Place, Federal Way, WA 98003
Dan Kolosky
27841 - 25th Drive South, Federal Way, W A 98003
Carolyn Lake, Acting City Attorney, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
At the hearing the following exhibit~ were admitted as part of the official record of these
proceedings:
1.)
Staff Report
A.) Application and Plat Maps (full size copy provided to the Hearing
Examiner only)
Vicinity Map
Legal Description
Sub-area Zoning Map
Communications Received on SEPA
April 8, 1992 Environmental Determination of Nonsignificance
August 28, 1990 'Wetland Detennination, Impact Assessment and
Conceptual Mitigation' Report prepared by David Evans and Associates
(copy provided to Hearing Examiner only)
H.) Wetland Analysis Required by Sections 80.35 and 80.160.4 FWZC
(adopted 2/27/90)
June 19, 1990 'Report of Geotechnical Investigation' prepared by
Geotechnical Services (copy provided to Hearing Examiner only)
J.) Geotechnical Analysis Required liy Section 80.65.1 FWZC
K.) January 10, 1992 'Significant Tree Survey' Prepared by David Evans and
Associates (copy provided to Hearing Examiner Lilly)
L) January 10, 1991 Inspection Report of Observed Wildlife prepared by
David Evans and Associates (copy provided to Hearing Examiner only)
B.)
C.)
D.)
E.)
F.)
G.)
1.)
PARKLANE VENTURESIHERITAGE WOODS
FILE #SUB-91-0001; RZ-92-0001
FWHE FILE 192-4
PAGE 3
2.)
3.)
4.)
5.)
6.)
7.)
8.)
9.)
10.)
11.)
12.)
13.)
14.)
15.)
16.)
17.)
18.)
1.
1990 Port of Seattle Part 150 Noise Exposure Map
Draft 1996 Port of Seattle Part 150 Noise Exposure Map
December 1990 'Traffic Impact Analysis' prepared by David Evans and
Associates (copy provided to Hearing Examiner only)
Federal Way Water and Sewer District and Highline Water District
Certificates of Water and Sewer A"ailability
Q.) December 20, 1991 'Preliminary D¡ainage Analysis' prepared by Jaeger
Engineering (copy provided to Hearing Examiner only)
R.) January 11, 1991 'Analysis of Recreation and Open Space Impact'
prepared by David Evans and Associates (copy provided to Hearing
Examiner only)
S.) January 8, 1992 Historical Society of Federal Way Letter
T.) January 11, 1991 'S~hool Access and School Impact Analysis' prepared
by David Evans and Associates (copy provided to Hearing Examiner only)
Letter from Cheryl Whitlow and John Spengler
1990 ADT Submitted by Tim Miller
Existing Widening Areas submitted by Tim Miller
1991 King County Transportation Plan
Letter from Mr. and Mrs. Bush
Memo of Attorney Joel Haggard, with attachments
Letter from Ecologist J. Macklin, submitted by Rob Flitton
Letter from Rob Flitton to Hearing Examiner
Letter from Hilda Smith
Two overheads submitted by Dale Offin
Letter from Kenneth Hamilton
Letter from H. David Kaplan
Letter from Michael and Janice Porter
Copy of Park Md Open Space Map submitted by Dan Kolosky
Further notes of John Spengler and Cheryl Whitlow
Memo from Greg Fewins to Hearing Examiner, dated 6/3/92
Handwritten faxed response of Atty. Joel Haggard to Exhibit 17
M.)
N.)
0.)
P.)
m. FINDINGS OF FACT
The applicant has a possessory ownership interest in a 41.9 acre parcel of property
located on the west side of Military Road immediately south of its intersection with ;South
Star La1œ Road and the Interstate 5 overpass. The western 12.4 acres are presently
zoned RS 7.2, while the eastern 29.5 acres are presently zoned RS 9.6. The applicant
is requesting a zone reclassification for the eastern 29.5 acres to RS 7.2, and subdivision
of the entire site into III single-family residential lots.
r
PARKLANE VENTURES/HERITAGE WOODS
FILE #SUB-91-OOO1; RZ-92-0001
FWHE FILE #92-4
PAGE 4
6.
2.
The northeastern portion of the proposed rezone area is heavily impacted with sensitive
areas, including wetlands and po1'.ds. The applicant has proposed to protect these areas
by providing substantial buffering and no development within said areas. The applicant
has elected to request a rezone to RS 7.2 as opposed to clustering the development which
is allowed under the Federal Way Zoning Code, as a means of protecting sensitive areas.
The reduced setbacks and lot sizes authorized in a clustered development could
accommodate approximately the same density (2.65 lots per acre) as is requested by the
applicant in the rezone request.
3.
The preliminary plat map shows proposed accesses onto Military Road at South 282nd
Street and South 284th Street. In addition, a stub road (25th Place South) dead-ends at
the north property line. It is anticipated that this road would be extend~.d upon
development of property to the north which is also zoned RS 7.2. All lots in the plat
will access onto internal plat roads which are configured in a circular pattern with cul-de-
sacs.
4.
Surrounding properties in all directions are zoned RS 5.0, RS 7.2, and RS 9.6. Except
for the 29.5 acre parcel, all of the property west of Military Road in the immediate
vicinity is zoned RS 7.2 or RS 5.0. Bordering properties to the east across Military
Road are zoned RS 9.6. Surrounding uses are developed exclusively with single-family
residential dwellings, except for a church northeast of the site. .
5.
Because of the significant wetlands on the site, the applicant commissioned a wetland
study by David Evans and Associates, Inc., which prepared a 'wetland determination
impact assessment and conceptual mitigation. report dated August 28, 1990 (Exhibit IG).
A completed application for the rezone and subdivision was submitted on September 24,
1991, and was vested under Section 80.145.2 of the FWZC adopted February 27, 1990.
The wetlands report was accurately and correctly prepared in accordance with said
section. The report establishes that there are six wetlands and a pond totalling 1.81 acres
on the site. Four of the six wetlands are considered to be regulated wetlands, and total
1.43 acres. Approximately.41 acres of the wetlands will be impacted or displaced by
the proposed development; .25 acres will be impacted by the widening of Military Road
South and the balance by the construction of the proposed subdivision. A very small
portion of the wetland will be impacted by excavation and installation of a required
sanitary sewer line which has no other reasonable physical location on the site. Proposed
Lot 59 is located within the required lao-foot setback from a wetland, and must be
reconfigured.
The applicant's wetlands expert prepared a conceptual mitigation plan which proposes
the creation of .06 acres of forested wetland, enhancement of .02 acres of existing
wetland habitat, and enhancement of .25 acres of wetland buffer. The adoption of the
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PARKLANE VENTURFSŒERITAGE WOODS
FILE #SUB-91-0001; RZ-92-0001
FWHE FILE #92-4
PAGE 5
proposed conceptual mitigation plan will result in a net loss of wetland function and
value. In addition, the plan does not provide measures for controlling or encouraging
public access into or from sensitive wetland areas. However, these elements will be
considered in the final mitigation plan required by the conditions contained in the
Mitigated Determination of Non-Significance. The applicant has agreed to all conditions
in the MDNS. Conditions required through the environmental review process adequately
address wetland impacts associated with this proposed development.
7.
The dte has a "medium outside Redondo/Milton channel aquifer" infiltration rating as
set forth in the Federal Way Comprehensive Plan (FWCP). However, the portion of the
site subject to this designation is the lower elevation which contains open water ponds
and wetland areas and is proposed to be protected as an environmentally sensitive area.
The proposed design of the subdivision, including protection of this portion of the site
is consistent with Policy NE-lO, FWCP, wnich advises the City to limit development in
active aquifer recharge areas.
8.
The applicant commissioned a goo-technical engineering report due to steep slopes and
wetlands on the site (Exhibit II). The goo-technical report revealed that with the
exception of the wetlands and steep slope areas there are no unusual geo-technical
conditions on the site. No significant goo-technical impacts related to design and
construction of improvements within environmentally sensitive wetland areas are
expected. The applicant will be required to meet all recommendations contained in the
goo-technical report which are applicable to development within 25 feet of geologically
hazardous areas. TIle City may also require the applicant to retain the services of a
professional engineer and retain or replace vegetation.
9.
David Evans and Associates, Inc., performed a "significant tree study" in January 1992
(Exhibit IK). Subsequent to the date of said scudy the applicant increased the ar,'ount
of open space from 11.06 acres to 12.13 acres. FWZC Section 90.15.3 requires that
25 % of all existing significant trees be maintained or replaced on the site. The project
as proposed will meet this requirement and a final significant tree report will be
submitted with the final construction plans. Development plans for each individual lot
will be reviewed for possible protection of additional trees.
10.
FWZC Section 16.280 requires buffers from arterial streets or established adjacent land
uses. The applicant proposes to satisfy this requirement by providing a 20-foot wide
landscaped buffer along Military Road South. The applicant also proposes to maintain
15-feet of vegetation along the rear property lines of lots adjo'.ning the north, south and
west property lines. At th... hearing, in responding to the request of Craig Walter, the
applicant agreed to extend the buffer to Lot 41.
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PARKLANE VENTURES/HERITAGE WOODS
FILE #SUB-91-0001; RZ-92-0001
FWHE FILE #92-4
PAGE 6
11.
David Evans and Associates, Inc., prepared an inspection report of observed wildlife,
dated Janll~ry 10, 1991 (Exhibit 1L). According to the report the site provides habitat
for small mammals, rodents, and reptiles, as well as songbirds and insects. The letter
mentions observation of "an unidentified woodpecker." The pileated woodpecker is listed
as "sensitive" by the Washington State Department of Wildlife. By letter dated May 28,
1992 (Exhibit 8), the person conducting the study, John U. Macklin, clarified the
woodpecker sighting by indicating that it was most likely a downy woodpecker or 3 hairy
woodpecker, as opposed to a . .1eated woodpecker. The pileated woodpecker is
significantly larger with very . ~.tir.ctive markings, and would have been easily
recognized. Thus, there are no endangered, threatened, or sensitive species on the site.
12.
The applicant is proposing to presene 12.13 acres (approxim2tely 29% of the site) as
open space. FWZC 16.250 requires that 15% of the site be maintained 3S open 'pace.
Tnerefore the applicant is providing almost twice the open space as required by the code.
4.21 acres is designated for usable open space. The applicant proposes to construct a
double-wide tennis court in this usable area for public use and dedicate it to the City.
The proposed plat as submitted is consistent with the requirements of the FWZC, open
space goals and policies of the FWCP, and adequately mitigates parks and recreation
impacts resutting from the development.
13.
This site is impacted by noise from aircraft arrivi~g and departing from the Seattle-
Tacoma International Airport. The applicant has agreed to employ appropri2.te
construction measures to reduce noise within homes constructed on subdivisions lots.
14.
The Federal Way Water and Sewer District and the Highline Water District provide both
sewer and water service to the site. Both districts have sufficient capacity to serve the
proposed development. The applicant is requesting exclusive water service from the
Federal Way District, and will propose 311 interlocal agency agreement amendment to
adjust the service area boundary between the two districts. Certificates of water ane'
sewer availability were provided by both districts (Exhibit 10).
IS.
Replacement of natural areas with paved developed areas will contribute some pollutants
to ground and surface. waters. The applicant is proposing to mitigate the impact of these
pollutants by installing oil/water separators in the on-site catch basins and/or by using
grass-lined swales to transport run-off into on-site detention/retention ponds. Jaeger
Engineering prepared a "preliminary drainage analysis" (Exhibit IQ), which provided a
technical analysis of on-site and downstream drainage conditions. The report id~ntifie.d
an existing flooding problem near the intersection of Star Lake Road and South 272nd
Street, approximately 1/2 mile downstream. The City of Federal Way has developed a
project to relieve this situation, and the applicant will contribute to a portion of the cost
of the proposed improvements. The City of Federal Way adopted a surface water design
,
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PARKLANE VENTURFSIHERITAGE WOODS
FILE #SUß...91-OOO1; RZ-92-0001
FWHE FILE #92-4
PAGE 7
manual in 1990 which requires improvements such as surface wate! detention, bio-
filtration and oil/water separation. The applicant's proposal exceeds minimum thresholds
of said manual.
16.
The original road bed of "Old Military Road" is located within the plat boundaries.
While this road has milita:y ! istorical significance, it is not identified as having a
significant historical value. Thc applicant has, however, vollIntarily agreed to place a
pennanent marker identifying the location of "Old Military Road."
17.
David Evans and Associates, Inc., prepared a 'school access and school impact analysis'
(Exhibit IT). This report establishes that approximately 93 students wit! reside in the
development upon its completion. Howev.:r, based upon a reduction in the number of
lots, the Federal Way School District calcul¡¡tes that approximately 74 students will reside
in the development. The school district states that the increase in the number of students
is mitigated through the use of construction bonds, impact fees, and State matching
funds. The District is concerned about the access of students to Mark Twain Elementary
School. Without appcopriate pedestrian paths school-age children would be required to
walk along Military Road South and South Star Lake Road. These roads are high speed,
high-volume arterials, and would pose a significant danger to children. The applicant
has agreed to provide a pedestrian path from 22nd Avenue South to 23rd Court South,
betWeen Lots 35 and 36. In addition, the applicant has agreed to provide a pathway
along the locatjon of the sewer line through the northeast portion of the plat which will
provide a "much shorter path to the school.
18.
A significant issue regarding the interpretation of the Federal Way Zoning Code, the
Federal Way Comprehensive Plan and Title 22 of the Federal Way City Code remains
unresolved. The City Public Works Director has detennined that the applicant must
improve Military Road South to a five-lane roadway with curbs, gutters, sidewalks and
bike path5 on both sides along the site's entire frontage. The Director bases his decision
on FWZC Section 110.25, the City of Federal Way's current Six-Year Transportation
Improvement Program (TIP), and King County's future 1992 Transportation Needs
Report (unpublished as yet). The requirement for the width of roadway is based on
existing and projected traffic loads, and the need for safe turning movements. The
applicant states that FWZC Section 110.25 must be read in conjunction with the
comprehensive plan and Title 22. When those sections are read together the applicant
argues that it i5 the code's intent to require the applicant to mitigate traffic impacts
caused by this development, and that the traffic impact analysis (prepared by David
Evans & Associates, Exhibit 10) establishes that a three-lane road with curb, gutter,
sidewalk and bike path on the west side is sufficient to mitigate traffic impacts from this
subdivision.
f
PARKLANE VENTURESfHERITAGE WOODS
Fll..E #SUB-91-OOO1; RZ-92-OOOl
FWHE Fll..E #92-4
PAGE 8
19.
20.
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The existing average daily traffic on Military Road adjoining the project site is 16,500
vehicle trips. In the evening peak hour there are 1,388 vehicle trips. Upon development
of this site, traffic on Military Road will be increased by 1,136 vehicle trips per day, and
118 vehicles during the evening peak hour. Said counts amount to a 6.8% daily
increase, and a 9.8% peak hour increase.
The applicant asserts that Military Road at this location is a collector arterial since the
Comprehensive Plan map reflects it as such. However, FWZC Chart 110-1 identifies
minor arterials as having average daily traffic volumes between 8,000 vehicle trips per
day and 30,000 vehicle trips per day, whereas collector arterials have daily traffic
volumes of between 3,000 and 9,000 vehicle trips per day. Minor arterials are defined
as "intra-community roadways connecting community centers and facilities," whereas as
collector arterials are defined as "intra-community roadways connecting residential
neighborhoods with community centers and facilities." Both types of road are partially
controlled with infrequent access to abutting properties. Based upon the above
definitions and traffic volumes, Military Road South is 11 minor arterial. The
comprehensive plan map is a generalized map which identifies generally which roads are
principal arterials, collector arterials, and minor arterials. However, the specific
classification criteria is found in FWZC Chart 110-1. The existing traffic volume on
Military Road South greatly exceeds the traffic volumes specified for a collector arterial,
and falls within the average daily traffic volumes of a minor arterial.
21.
The MDNS contains si1t off-site traffic mitigation measures which the applicant has
agreed to perform. These measures are as follows:
a.)
contributing $11,600 as its pro-rata contribution toward improvements in
Military Road from 1-5 to South 288th Street;
paving Military Road South from the north and south termini of the
required right-of-way improvements abutting the site;
constructing a northbound left turn lane on Military Road South at the
intersection with Star Lake Road;
coordinating with the City and King County to modify the signals at South
288th Street and South 272nd Street;
design and construct a traffic island and signage at the intersection of
South 284th Street/Military Road South to route westbound traffic from
South 284th Street right only onto Military Road South;
prepare and submit for approval a transportation management plan that is
acceptable to Metro and the City.
b.)
c.)
d.)
e.)
f.)
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PARKLANE VENTURESIHERITAGE WOODS
FILE #SUB-91..ooo1; RZ-92-0001
FWHE FILE #92-4
PAGE 9
The applicant disagrees with Finding of Fact #12 in the MONS which states that FWZC
Section 110.25 requires the construction of a five-lane arterial road section along the plat
frontage with Military Road South.
22.
Concerns raised by speakers at the hearing to include the applicant's traffic expert and
citizens of the area were addressed to the five-lane road section requirement. Testimony
indicated that Military Road is basical.1y a two-lane road for its entire length, except for
intersections where it is widened to th~ee lanes. Widening Mjlitary Road to five lanes
will create an unnecessary swath through the community similar to SR99. SR99 and 1-5
are designed for high volume through-traffic. Unsafe conditions will be created by
constructing a short five-lane road section, which will mean that traffic will move from
a two-lane configuration to five lanes then back to two lanes. Vehicles will race to get
ahead of other vehicles to have better access to the traffic light at South 288th Street.
Furthermore, widening Military Road will adversely impact houses on both sides of the
road.
23.
FWZC Section 130.60 sets forth the criteria which an applicant must meet in order to
obtain a zone reclassification. Findings required by said section are hereby made as
f('Hows:
a.)
The proposed rezone is in the best interest of the City. In addition to
developing the site in accordance with all City codes and regulations, the
applicant is providing almost twice the open space required by applicable
codes, and is constructing a double tennis court on 4.1 acres and
dedicating the improvement along with the acreage to the City.
Furthermore, the applicant is buffering existing adjoining developments,
protecting and restoring sensitive areas, and providing walkways to ensure
safe access to schools.
b.)
The rezone will correct a zone classification or zone boundary that was
inappropriate when established. The site is located within the suburban
residential land use classification of the comprehensive plan. Both RS 7.2
and RS 9.6 single-family zones are allowable within this classification.
The properties adjoining the south and west of the site are currently zoned
RS 7.2. The site itself is split-zoned, with approximately 30% being
zoned RS 7.2. The RS 9.6 properties are generally located east of
Military Road, with the smaller lots sizes on the west side of Military
Road. The zone reclassification would allow comparable density and
development standards throughout the entire site. As previously stated the
applicant has the option of clustering the subdivision design to obtain a
density which is comparable to the RS 7.2 zoning.
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P ARKLANE VENTURES IHERIT AGE WOODS
Fll..E #SUB-91-OOO1; RZ-92-OOOI
FWHE Fll..E #92-4
PAGE 10
c.)
The proposed project complies with the Federal Way Zoning Code in all
respects.
d.)
The site plan is designed to minimize all adverse impacts on developed
properties in the immediate vicinity.
e.)
The site plan is designed to minimize impacts upon Imblic services and
utilities. In fact, no impacts to public services have been identified.
24.
The applicant had two community meetings and addressed concerns raised by
surrounding residents. These concerns included trafñc, wildlife habitat, protection of
sensitive areas, existing drainage problems, and the lack of parks. The site is locatéd
approximately 1.25 miles from the nearest local park. However, the applicant cannot be
required to sell the site to the City, nor the City be required to purchase this site for a
park.
IV. CONCLUSIONS
1.
In the circulation section of the Federal Way Comprehensive Plan the following
statements are made on pages 29 and 30:
"Traffic impacts created by developments should be mitigated by the developer.
On the other hand, existing traffic deficiencies should be addressed on a broader
scale, including mitigation by the City of Federal Way. Improvements to the
transportation system in Federal Way should be planned and designed in a
regional context. . . .'
Policy T-12 of the comprehensive plan states that the City should 'require mitigation of
direct transportation impacts created by new development." The comprehensive plan
contemplates that developers will address the direct impacts of their particular
development on the public road system, while regional and existing problems would be
addressed by the City.
2.
FWZC Section 16.300.30 requires that all streets abutting a propo.>ed subdivision be
improved in accordance with Chapter 110 of the Federal Way Zoning Code. FWZC
Section 110.05 establishes the requirements for Ll¡e improvements an applicant must make
within rights-of-way adjacent to the proposed subdivision. FWZC Section 110.25(1)
stat....; as follows:
PARKLANE VENTURESfHERlTAGE WOODS
FILE #SUB-91-O001¡ RZ-92-0001
FWHE FILE #92-4
PAGE 11
"~ - The Development Standards portion of charts 110-1 and 110-2
establish the improvements that must be installed, based on the classification of
the various rights-of-way within the City. The applicant shall, consistent with the
provisions of this Chapter, install all improvements established in Charts 110-1
and 110-2 along the entire frontage and width of each right-of-way, other than
alleys, that abuts the subject property"
Chart 110-1 allows three-lane, four-lane, or five-lane minor arterial roads. There are no
tests or guidance set forth in said chart to identify whether a three, four or five-lane road
is appropriate for a development. As previously stated, the comprehensive plan states
that developers should be responsible for mitigating the impacts of their own
development. In addition, Title 22 of the Federal Way City Code is entitled "Methods
to Mitigate Development Impacts.' Section 22.10 states that it is the purpose of this
section to "provide alternatives for prospective developers of land within the City to
mitigate the direct impacts that have been specifically identified by the City as a
consequence of proposed development." Included within the impacts identified in said
section are streets, alleys, and other public ways. Section 22.50 states, in part, as
follows:
"The official or body charged with granting the necessary approval for a proposed
development shall review an applicant's proposal for mitigating any identified,
direct impacts. . . . . No official or body shall approve a development unless
provisions have been made to mitigate identified direct impacts that are
consequences of such development.'
3.
The Federal Way Comprehensive Plan, Chapter 110 of the Federal Way Zoning Code,
and Title 22 of the Federal Way City Code must be reaå together and consistently if
possible. In reading these sections together, Ch:ut 110-1 provides alternatives of three,
four, and five-lane roads for minor arterials. 1he comprehensive plan and Title 22
provide guidance to the Public Works Director as to which width should be required
based upon the direct impacts of the development on the existing road system, in this
case Military Road South. Such interpretation is consistent with Southwick v Lacey 58
W:ÚmA': 886 (1990); Cobb v Snohomish Countv 64 Wn ADD 451 (l99 ), and
U . it v. Kitsao County 50 Wn ADD. 723 (1988).
4.
The applicant's traffic study provides traffic counts and a level of service analysis for the
number of lanes required for Military Road South following development of this project.
The tnffic study establishes that a three-lane road is more than adequate to handle traffic
in each direction, plus vehicles turning left at each plat access. The analysis established
an LOS E for both plat accesses onto Military Road South. Ho"/ever, a gap study
performed by the traffic engineer revealed that there were only 12 minutes during the
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PARKLANE VENTURFSIHERITAGE WOODS
FILE #SUB-91-OOO1¡ RZ-92-OOOl
FWHE FILE #92-4
PAGE 12
evening peak hour which do not provide adequate time for turning movements. In the
morning peak hour only 9 minutes were unavailable for left turns. There are adequate
gaps for left turn movements. The engineer used 7 seconds as an adequate gap for
turning movements. These gaps are caused by the platooning of cars from nearby traffic
signals. The traffic engineer recommended a curb, gutter, sidewalk, and bike lane along
the west frontage, plus a center turn pocket for each plat access. His opinion was that
no curb, gutter, sidewalk and bike path was required on the east side, as it would not
serve this development.
5.
The Public Works Director did not challenge the traffic study, but based his decision to
require the five-lane road on traffic patterns, improvements in other areas of the City,
the King County Transportation needs report, and the City's transpo.1ation and
improvement plan. The TIP, while not a substitute for the comprehensive plan, is
adopted by the City of Federal Way City Council. However, the TIP is directed toward
public system-wide transportation plannillg and needs. It is not concerned with direct
plat impacts of private development. The TIP does not consider the specific impacts of
each development in determining required improvements. For example, if the applicant
had requested a down zone to minimum I-acre lot sizes for the purpose of developing
'ranchettes" and thus developing the site into possibly 20 or 30 single-family residential
homes, under the TIP and King County Transportation report the applicant would still
be required to improve Military Road South to five lanes. Therefore, based upon the
applicant's tTaTfic study and specifically, Exhibit A to Exhibit 7 of this record, Military
Road South along the project frontage will operate adequately with a three-lane cross
section with curb, gutter, sidewalk and bike path on the west side following development.
of this site. Improving Military Road South to a three-lane section along the entire plat
frontage will mitigate the direct impacts of traffic created by this development.
6.
The proposed preliminary plat of Heritage Woods is consistent and compatible with the
goals and objectives of the City of Federal Way Comprehensive Plan and the City of
Federal Way Zoning Code, as well as other applicable codes. If the applicant complies
with the recommended conditions of preliminary plat approval, and the conditions
contained in the Mitigated Determination of Non-Significance, the proposal will comply
with the Federal Way Subdivision Code, as well as other official land use controls of
Federal Way.
7.
The proposed preliminary plat of Heritage Woods makes ~ppropriate provisions for the
public health, safety, and general welfare, open spaces, drainageways, str-:et!: and roads,
transit stops, potable water supplies, sanitary waste, parks and recreations, playgrounds,
schools and schoolgrounds, including sidewalks and other planning features that assure
safe walking conditions for studentS to walk' to and from school. The preliminary plat
of Heritage Woods will serve the public use and interest by providing an attractive
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PARKLANE VENTURF:SIHERITAGE WOODS
FILE #SUB-91-OOO1; RZ-92-0001
FWHE FILE #92-4
PAGE 13
8.
location for single-family residential development, while at the same time protecting and
preserving sensitive areas and open spaces.
The proposed rezone from RS 9.6 to RS 7.2 is consistent with the suburban residential
land use classification of the City of Federal Way Comprehensive Plan, and meets all
requirements of Chapter 130 of the Federal Way Zoning Code.
V. RECOMMENDATION
It is hereby recommended that the request for zone reclassification from RS 9.6 to RS 7.2 and
for preliminary plat approval of Heritage Woods '>e approved, subject to the following
conditions:
A.
1.
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PRELIMINARY PLAT APPLICATION NO. SUB-91-OOOl
Pursuant to section 20.130.30 of the Environmental Policy Ordinance, all
mitigation measures of the April 8, 1992 mitigated determination of
nonsignificance are incorporated by reference as conditions of this approval.
Failure to comply with the mitigation measures shall constitute grounds for
suspension and/or revocation of this approval.
2.
Approval of this propo;;ed preliminary plat is subject to approval of rezone
application num~r RZ-92-OOO1. In the event that rezone application number RZ-
92-0001 is modified or denied, any action to approve this preliminary plat shall
be deemed invalid and a new public hearing required.
3.
To the maximum extent feasible, existing natural vegetation shall be utilized
within all landscape buffer areas as required by the Director of Community
Development. In addition to the required twenty foot wide buffer located along
Military Road South, the applicant will provide a fifteen foot wide buffer of
native vegetation along the rear of lots adjoining the north, south and west
boundaries of the site. All perimeter buffer areas shall be identified on the plat
map and restricted from removal of vegetation except as may be authorized by
the Director of Community Development.
4.
Prior to final plat approval, lot number 59 shall be reconfigured to be locatea
entirely outside of any required 100 foot wetland setback area.
5.
Prior to final plat approval, all proposed usable open space designated as Tract
A shall be dl'<licated to the City as required by the Parks Director. As proposed,
the applicant will construct tennis coun facilities as approved by the Parks
Director. As proposed, the applicant will erect an interpretive sign or monument
regarding 'Old Military Road' as approved by the Parks Director.
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PARKLANE VENTUREsIHERITAGE WOODS
FILE NStJB..91-OOO1; RZ-92-0001
FWHE FILE #92-4
PAGE 14
II.
12.
6.
No general site clearing or grading shall occu: on or within 25 feet of
geologically hazardous areas located on lots 52, 53, 56, 57 and 58. Any building
construction located within these sensitive areas or setbacks shall be by piling or
pier type foundation construction as required by the Building Official, to
minimize grading and disturbance within the geologically hazardous area. Upon
completion, all disturbed areas shall be replanted as required by the Bu.lding
Official. This condition shall be pl~ on the face of the plat prior to final plat
approval.
7.
Individual homeowners for lots 52, 53, 56, 57 and 58 shall be responsible for
providing the City with services of a qualified professional engineer for purposes
of reviewing and inspecting pier or piling type residential construction located
within geologically hazardous areas, as required by the Building Official. This
condition shall be placed on the face of the plat prior to final plat approval.
8.
The developer shall be responsible for providing the City with services of a
qualified professional engineer fr.r purposes of reviewing and inspecting any street
or utility work located within geologically hazardous areas, as required by the
Public Works Official.
9.
Due to potential erosion hazard and impacts to environmentally sensitive areas,
clearing shall be limited only to the months of April through October.
10.
Retention/detention facilities used to control runoff from the site to off-site
drainage courses shall be located in a surface water tract to be dedicated to the
City at the time of final plat approval as required by the Public Works Director,
unless located within improved City of Federal Way rights-of-way. All
retention/detention facilities shall be landscaped to provide a visual buffer from
surTOunding properties. A landscape plan shall be submitted for approval by the
Director of Community Development prior to issuance of construction permits.
Prior to final plat approval, those portions of the surface water facilities necessary
to retain/detain, convey, and treat the flows discharging from the site shall be
constructed and operational.
A 15-foot gravel access shall be provided along the entire length of each
biofiltration swale for maintenance as required by the Public Works Director.
The biofiltration swale and gravel access shall be located in a surface water tract
to be dedicated to the City prior to final plat approval.
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PARKLANE VENTUlŒSIHERITAGE WOODS
FILE #SUB-91-OOO1; RZ-92-0001
FWHE FILE #92-4
PAGE 15
13.
In some cases, on-site surface water infiltration systems may be suitable for use
on individual lots depending on soil <,')::ditions. This type system shall be used
where suitable. To detennine the suitability of the soil for infiltration systems,
a soils report that includes pcr<:olation tests and a soil log taken at 6-foot
minimum depth shall be submitted by a profesS:.:>nal 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 repon is approved, the infiltration
systems shall be installed prior to occupancy of the residence. A note to this
effect shall be placed on the face of the final plat map. The drainage plan and
the final plat map shall indicate each lot approved for infiltration.
14.
Existing on-site surface water ponds shall be retained as part of the stonn
drainage system and shall be utilized as a one-cell wetpond for treatment of runoff
prior to entering the detention facilities or biofiltration swale. Discharge into the
pon<i shall be oriented to maximize the retention and settlement times of the water
in the pond. The pond shall be located in a surface water dr.Jnage tract to be
dedicated to the City prior to final plat approval, as required by the Public Works
Director.
IS.
A geotechnical report shall be prepared by a licensed geotechnical engineer to
address recommended designs for proposed roadways. The report shall detail soil
and groundwater conditions. Recommendations to ensure integrity of future
roadways shall be subject to review and approval by the Public Works Director.
16.
A temporary paved turn-around will be <,.onstructed at the westerly end of 25th
Place South In accordance with Section 2.07 of the King County Road Standards.
Sidewalks shall be constructed to extend through the temporary turn-around area.
Temporary easements shall be provided and shall be placed on the face of the
final plat as required by the Public Works Director.
17.
A 10 foot utility easement shall be provided along the front of all lots and tracts
located adjacent to proposed street rights-of-way as required by the Public Works
Director.
18.
The applicant will be required to construct Military Road South to a 3-lane width
along the entire plat frontage, with curb, gutter, sidewalk and bike lanes along the
wC.!'t frontage only.
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PARKLANE VENTURESIHERITAGE WOODS
FILE #SUB-9I-OOOI; RZ-92-0001
FWHE FILE #92-4
PAGE 16
2.
B.
1.
REZONE APPLICATION NO. RZ-92-0001
Pursuant to Section 20.130.30 of the Environmental Policy Ordinance, all
mitigation measures of the April 8, 1992 mitigated determination of
nonsignificance are incorporated by reference as conåitions of this approval.
Failure to comply with the mitigation measures shall constitute grounds for
suspension andlor revocation of this approval.
Approval of this proposed rezone is subject to approval of preliminary plat
application number SUB-91-DOO1. In the event that preliminary plat application
number SUB-91-<XJOI is denied, any action to approve this rezone shall be
deemed invalid and a new public hearing required.
3.
The Resolution of Intent to Rezone shall provide that the one-year time limit of
FWZC Section 155.100 is extended to coincide with the duration of preliminary
plat approval specified under FWZC Section 16.120, allowing a three-year time
limit.
DATED THIS 16TH DAY OF JUNE, 1992.
VI. RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to challenge 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 to 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 or the recommendation
he or she wishes to have reconsidered and the reason for the request. TIe distribution of the
request and the response to the request shall be governed pursuant to II e provisions of the
Federal Way Zoning Code. Within ten (10) working days after ree jving 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
may be challenged by any person who is to receive a copy of that recommendation pursuant to
FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the
Planning Department within fourteen (14) calendar days after the issuance of the Hearing
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PARKLANE VEN'rURESIHERITAGE WOODS
FU..E 1SUB-91-OOO1; RZ-92-0001
FWIlE FU..E #92-4
PAGE 17
Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen
(14) calendar days of either the decision of the Hearing Examiner denying the request for
reconsideration or the reconsidered recommendation. The letter of challenge must contain a
clear reference to the matter being challC!lged and a statement of the specific factual findings and
conclusions of the Hearing Examiner disputed by the person filing the challenge. The person
filing the 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 Rearing Examiner's recommendation.
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BEFORE mE HEARING EXAMINER OF mE CITY OF FEDERAL WAY
In Re the Application of
Parklane Ventures. Inc.
FILE #SUB 91-0001; RZ-92-oool
FWHE #92-4
For Rezone and Preliminary
Plat Approval of that tract
of land known as Heritage Woods
DECISION ON RECONSIDERATION
On July 8, 1992 the Examiner ordered a second hearing to address issues raised by the City of
Federal Way in i~\ request for reconsideration (FWZC 155.65)(6). The Examiner requested that
the applicant and the City address four specific issues which were set forth in the order on
request for reconsideration. Based upon the testimony received at the public hearing and
additional exhibits made part of the record herein, decisions on each of the four issues are
hereby made as follows:
1.
What is the role of the Federal Way Hearing Examiner in reviewing a zone
reclassification and preliminary plat request?
Zone reclassification requests and preliminary plat applications are both Process III actions under
the City of Federal Way codes (FWZC 16.90.10 and 130.30). Federal. Way Zoning Code
Section 155.35 requires that the Examiner hold a public hearing on each Process III application.
Section 155.35(3) provides as follows:
"E.ffi:çl- The hearing of the Hearing Examiner is the hearing for City Council on
the application. City Council need not hold another hearing on the application."
The Hearing Examiner is therefore sitting on behalf of and in the place of the City Council to
review each requirement of each City agency.
2.
What review authority, if any, docs the Hearing ExamIner have over
requirements imposed by the Public Works Director?
As previously stated, the Hearing Examiner is sitting in the place of the City of Federal Way
City Council, and has the same authority as the Council to review requirements imposed by the
P Jblie Works Director. The Examiner's review, however, is in the nature of a recommendation
t" the City Council, which is free to accept or reject the said rec::>mmendation. In addition,
FWZC 16.100.20 specifically requires the Examiner to review preliminary plats for compliance
with the subdivision ordinance "and any other applicable ordinances or regulations of the City
and RCW 58.17 . . . ." Furthermore, the City Council has set forth decisional criteria which
the Examiner must apply in rendering a recommendation. (FWZC 155.75(4» Section
155.75(4)(8) requires that the Examiner recommend appr:>val only if the project is consistent
"with all applicable provisions of the Code, including those adopted by reference from the
Comprehensive Plan." Therefore, the Examiner, sitting in place of the City Council, must
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PRELIMINARY PLAT OF HERITAGE WOODS
DECISION ON RECONSIDERATION
FWHE #92-4
PAGE 2
determine whether the Public Works Director is properly interpreting the City of Federal Way
Zoning Code, Subdivision Ordinance, and any other applicable ordir.ances or regulations of the
City,
3.
May the Public Works Director impose requirements for road improvements (or
other improvements) which are in excess of direct plat im J'lcts? Does the
Examiner have the authority to review the Director's determination as to required
improvements to mitigate direct plat impacts?
There are generally two types of regulatory codes, One type of code, such as the Uniform
Building Code, establishes specific standards for construction. Oth~r examples of specific
standards include, but are not limited to, landscape requirements, sidewalk construction
standards to include minimum widths and heights above right-of-way, standards for utility
construction to include a requirement of underground utilities, street lighting, and road
construction standards such as construction materials, trench backfill and restoration, and survey
monuments, The Public Works Director may require road construction within the City to adhere
to the specific standards regarding the type of pavement, drainage standards, the depth and
natun: of ro~d beds, type of traffic control device, and pavement markings. Departures ~;om
these spec"c standards should be requested through a variance procedure. The second type of
regulatory ;ode grants the Public Works Director authority to make der.isions regarùing
mitigation of development impacts. Examples of development impact decisions would be as in
this case, whether a minor arterial should be three lanes, four lanes, or five lanes. Other
development impact decisions include, but are not limited to, determining whether an applicant's
project generates the need for a traffic signal, channelization, or other improvements necessary
to mitigate traffic circulation and safety. These determinations are subject to review by the City
Council, and thus by the Hearing Examiner at a preliminary plat hearing.
The requirement for road improvements is a specific plat imp..~t decision which is subject tn
review at a public hearing. In requiring road improvem~nts, the Public Works Director is
guided by Title 22 and the Federal Way Comprehensive Plan, which do not allow imposing
requirements in excess of direct plat impacts. Therefore, the Public Works Director should not
impose requirements for road improvements which are in excess of direct plat impacts. The
City Council, and therefore the Hearing Examiner, have authority to review the Director's
determination as to whether required improvements exceed direct plat impacts.
4.
Is a five-lane roadway section along the frontage warranted? What criteria are
used in determining whether or not a five-lane roadway section is warranted? Do
the direct traffic impacts of this proposal require the five-lane roadway section,
as opposed to a three- or four-lane roadway section?
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PRELIMINARY PLAT OF HERITAGE WOODS
DECISION ON RECONSIDERA nON
FWHE #92-4
PAGE 3
Following exhaustive presentations by both the City and the applicant's traffic engineer, the
Examiner is convinced that a five-lane roadway section along the frontage is not warranted. The
reasons for this determination are as follows:
1.
According to the City, the average speed of 85% of the vehicles travelling on Military
Road is 46 miles per hour, 6 miles above the posted speed limit. It would not seem that
the capacity of Military Road is a significant problem if a large percentage of the traffic
is exceeding the posted speed limit.
2.
In determining that a five-lane road section is required, the City has relied upon traffic
studies from the City of Bellevue, the State of Florida, and the City of Federal Way
Transportation Improvement Program for 1993-2003. The applicant has based its
assertion that a three-lane section is satisfactory upon an exhaustive specific study of
Military Road including traffic gaps; historical traffic increases over the p::.st five to
seven years; arrival and departure counts at the peak hours; the spread of the evening
peak hour; and estimated trip distributions. The City's requirement was based upon
general studies as opposed to the applicant's exhaustive, specific study of Military Road.
3.
South of 272nd Street, Military Road is striped for two traffic lanes with 6-foot gravel
or asphalt shoulders, open-ditch drainage, and 40 mile-per-hour posted speed limit.
Traffic signals are presently located at the intersections with South 272nd Street, South
288th Street, South 304th Street, and South 320th Street. All other intersections are
controlled by stop signs. At the intersection of South 272nd Street, Military Road is
widened for three lanes northbound and two lanes southbound. At South 288th Street,
Military Road is widened to allow for three lanes northbound and southbound. At South
304th Street no turning lanes are provided on Military Road. At South 320th Street,
Military Road is widened to allow for three lanes northbound and southbound. It does
not appear reasonable to require the widening of Military Road to a five-lane road section
betwc:en major intersections for a short distance. The road would change from two lanes
to five lanes back to two lanes, and then eventually to three lanes at a major intersecti"n.
Such could create safety hazards by encouraging drivers to attempt passing in a short
distance.
4.
Substantial portions of both sides of Military Road are already developed and it is
unlikely that other five-lane road sections could be required in th~ future.
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PRELIMINARY PLAT OF HERITAGE WOODS
DECISION ON RECONSIDERATION
FWHE #92-4
PAGE 4
5.
The Federal Way Transportation Improvement Program for 1993-2003 sets forth 1
major capital street improvements, commencing with 1992 and ending with 2002. 1ne
widening of Military Road from Interstate-5 (south) to Interstate-5 (north) is listed as
Project Number 28, and is scheduled to commence in 2001 with most constru.;tion
performed in 2002. No widening projects are scheduled for Military ~oad for ten years.
It is simply not reasonable to base the requirement for a five-lane roaJ section on a
currently unfunded project, which mayor may not occur ten years from now.
There are no specific requirements for curbs. gutters, sidewalks, and bike paths on both
sides of streets that have been, or will be, constructed or improved within the City.
Chart 110-1 requires sidewalks, but does not specify that they should be on both sides
of the road. However, the two accesses on to Miìitê..")' Road, coupled with the increased
traffic, will adversely impact bicyclists and pedestrians on the east side of Military Road;
therefore, curbs, gutters, sidewalks, and bike paths should be required on both sides of
said road.
DECISION
The Request for Reconsideration in this matter is hereby GRANTED IN P<\RT and DENIED
IN PART.
DATED THIS 2ND DAY OF OcrOBER 1992.
#~
STEPHEN K. CAUSSEAUX, Hearing
RIGHTS TO RECONSIDERATION AND CHALLENGE
The recommendation of the Hearing Examiner may be challenged by any person who is to
receive a copy of that recommendation pursuant to FWZC 155.60.6. That challenge, in the
form of a letter of challenge, must be delivered to the Planning Department within fourteen (14)
calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for
reconsideration is filed, then within fourteen (14) calendar days of either the decision of the
Hearing Examiner denying the request for reconsideration or the reconsidered -ecommendation.
The letter of challenge must contain a clear reference to the matter being challenged and a
statement of the specific factual findings and conclusions of the Hearing Examiner disputed by
the pe~son filing the challenge. The person filing the challenge shall include, with the letl( - of
appeal, the fee established by the City. The appeal will not be accepted unless it is accom:>anied
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.
'"