The URL can be used to link to this page

Home My WebLink AboutLUTC PKT 01-10-2005 , ;"', -," ",:"'; ""'~' ,.."t~;:'::~>~r~', , ',." ',' ,- . " .:'" ,-< ,.' "" ~:"'." .Ci!:yH~I!,,';: Council Cha'mbers"" , . V,. " , , City.of Fedèral Way. , . , : , "" CitY Council , , land ~se/Transportation,Committee:, '. "," ,. ':' .' ",' "" ,. Janua '.10, 2005 6:30 pm . . , ' , ' MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: December 6, iO04 3. PUBUC COMMENT (3 minutes) BUSINESS ITEMS 4. A. West Hylebos Creek Restoration Construction Project Final E. Planning Commission Work Program Action Bucich/S Min Action Bucich/S Min Action Harris/10 Min Action Conlin/20 Min Action McClung/25 Min B. SW 356th Regional Pond Fence Project - 100% Design Approval and Authorization to Bid c. Wynstone Preliminary Plat and Concomitant Agreement D. Brown's Point & Dash Point UGA Resolution 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Jack Dovey, O1air Eric Faison Michael Park GtyStaff Kathy McOung, Community Development Services Director E Tina Piety, Administraöve Assistant 253-835-2601 G:\LUTC\LUTC Agendas and Summaries 2005\100081)" 10. 2005 LUTC Agendo,doc t ' '" , i-it, ",.::"'",, ':'.,' , '.'.. ", .city of Federal Way ,";~;~,::' ",~,~;;'~,:, ",; ,::> :Ç!tyG9H~~!!':::'i' ':':~"" 'La,nd Use & Transportation Committee ":.,~;;' ',;: ,', :<~~.:. :' " ,0",' ~~f~; :..-: "'", ' December 6, 2004 5:30 p.m. City Hall Council Chambers MEETING MINUTES In attendance: Committee Members Jack Dovey, Chair, Eric Faison and Michael Park; Mayor Dean McColgan, Deputy Mayor Linda Kochmar, Council Member Jeanne Burbidge, Council Member Jim Ferrell; City Manager David Moseley; Assistant City Attorney Amy Jo Pearsall; ~puty Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; Street Systems Project Engineer AI Emter; Street Systems Engineer John Mulkey; Senior Traffic Engineer Maryanne Zukowski; Community Development Services Director Kathy McClung; Deputy Community Development Director Greg Fewins; Associate Planner Isaac Conlin; and Administrative Assistant Krystal Kelsey. 1. CALL TO ORDER Chair Dovey called the meeting to order at 5:34 pm. 2. APPROVAL OF MINUTES The summary minutes of the November 15, 2004, meeting were approved as presented. 3. PUBUC COMMENT None. 4. BUSINESS ITEMS A. Annexation Effective Date Update - Mr. Conlin presented the staff report to the Committee. Staff recommended that the City Council adopt an ordinance establishing an annexation effective date of January 1, 2005 for the North Lake, Parkway, and Redondo East annexation areas, contingent upon completion of a Memorandum of Understanding with the County to address police and permitting operational issues. Council Member Burbidge suggested that the Council consider communicating formally with King County in the next week if they do not communicate with the City. Mr. Moseley committed to preparing a letter for that purpose. The Committee m/s/c to forward the staff recommendation to City Council for approval B. 14th Avenue South at South 312th Street Signal, Project Acceptance - Mr. Miller presented the staff report to the Committee. Staff recommended authorizing final acceptance of the completed 14th Avenue South at South 312th Street Project, constructed by Signal Electric, in the amount of $118,639.69 as complete. The Committee m/s/c to place the staff recommendation on the December 21, 2004, Council Consent Agenda. c. Resolution Adopting the Inter-Juñsdictional Regional Hazard Mitigation Plan - Mr. Miller presented the staff report to the Committee. Staff recommended approving the resolution to adopt the Inter-Jurisdictional Regional Hazard Mitigation Plan. The Committee m/s/c to place the staff recommendation on the December 21, 2004, Council Consent Agenda. D. Pacific Highway South HOV Lanes Phase I (South 312th Street to South 324th Street), Project Acceptance - Mr. Salloum presented the staff report to the Committee. Staff recommended authorizing final acceptance of the completed Pacific Highway South HOV Lanes Phase I (South 312th Street to South 324th Street) Project, constructed by SCI Infrastructure, LLC, in the amount of $8,412,494.48 as complete. The Committee m/s/c to place the staff recommendation on the December 21, 2004, Council Consent Agenda. E. South 288th Street at SR-99 Signal and Intersection Improvements, Project Acceptance - Mr. Salloum presented the staff report. Staff recommended approving final acceptance of the completed South 288th Street at SR-99 Signal and Intersection Improvements Project constructed by Frank Coluccio Construction Co, in the amount of $1,695,561.49 as complete. The Committee inquired about the change from double C-Curb to single C-Curb near the Shell station. Mr. Salloum answered that staff had the single C-Curb installed to allow left turns into and out of the Shell station. Staff feels that this is a viable option, but should it pose a problem in the future, the double C-Curb will be installed. The Committee inquired if the owner of the Shell station had moved their sign per their agreement with the City. Staff answered that it had been moved to the correct location. The Committee m/s/c to place the staff recommendation on the December 21/ 2004/ Council Consent Agenda. F. Accepting Grant Funding for Transportation Improvement Projects - Mr. Salloum presented the staff report. Staff recommended accepting the 2005 Countywide TEA21 (Federal) Grant in the amount of $778,655 for the Pacific Highway South HOV Phase III Project. Mr. Salloum confirmed that staff would submit grant applications in 2006 for the three projects we did not receive funding for in this cycle. The Committee asked if the projects on the TIP would be pushed back because of the lack of funding received. Mr. Salloum answered that TIB recommended that the City use its existing funds to continue with the design for these projects, as future funding is likely. Therefore, these projects will remain on schedule per the current TIP. Chair Dovey recused himself from voting on this issue as he is a property owner whose property may be condemned for this project. The Committee m/s/c to place the staff recommendation on the December 21/ 2004/ Council Consent Agenda. G. 2005 Asphalt Overlay Program Preliminary Project List and Authorization to Bid - Mr. Salloum presented the staff report. Staff recommended approving the list of streets for the 2005 Asphalt Overlay Project and authorizing staff to bid all or part of the 2005 Asphalt Overlay Project and return with a request for permission to award the project within the available 2005 asphalt overlay budget to the lowest responsive, responsible bidder. The Committee asked if the newly annexed areas had been considered in this process. Mr. Salloum answered that those areas had not been included in the pavement management scoring because they had not been annexed at the time the study was conducted. The areas newly annexed will be included in the scoring study beginning in either 2005 or 2006. The Committee m/s/c to place the staff recommendation on the December 21/ 2004/ Council Consent Agenda. H. Westway Street Lighting- 100% Design Approval & Authorization to Bid - Ms. Zukowski presented the staff report to the Committee. Staff recommended approving the 100% design phase for the Westway Street Lighting Project and authorizing staff to send the project out to bid, returning to Council for authorization to award the contract to the lowest responsive, responsible bidder. The Committee m/s/c to place the staff recommendation on the December 21/ 2004/ Council Consent Agenda. 5. FUTURE MEETING/AGENDA ITEMS Committee Member Faison requested that staff prepare a resolution or ordinance for the next LUTC meeting to formalize the City's intent to add the Dash Point and Brown's Point areas to our UGA. Chair Dovey agreed to work with staff to bring this before the Committee. 6. ADJOURN The meeting adjourned at 6:03 p.m. G:\lUTCILUTC Agendas and Summaries 2004lDecember 6, 2004 LUTC Minutes.doc CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: January 10,2005 Land Use and T~ansp rtation Committee David H. Mo ty anager -;) Paul A. Bucich, P. ., Surface Water Manage~ AG #04-079, West Hylebos Creek Restoration- Project Acceptance POLICY QUESTION: Should the Council accept the West Hylebos Creek Restoration Project constructed by Jansen, Inc. as complete? BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Jansen, Inc. is complete. PROJECT SAVINGS AND CONTINGENCY: The final construction contract amount is $422,288.04. This is $27,360.06 below the $449,648.10 original bid price, and $72,324.87 below the $494,612.91 budget (including contingency) that was approved by the City Council on May 4, 2004. OPTIONS: 1. Authorize final acceptance of the completed West Hylebos Creek Restoration Project, constructed by Jansen, Inc., in the amount of $422,288.04 as complete. 2. Do not authorize final acceptance of the completed West Hylebos Creek Restoration Project, constructed by Jansen, Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the February 1, 2005 City Council Consent Agenda for approval: Authorize final acceptance of the completed West Hylebos Creek Restoration Project, constructed by Jansen, Inc., in the amount of$422,288.04 as complete. January 10, 2005 Land Use and Transportation Committee West Hylebos Creek Restoration - Project Acceptance Page 2 of2 COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the February 1,2005 City Council Consent Agenda. AI)I)ROV AL OF COMI\HTTI':E REPORT: , ' --""-"'""-"",,,-,---,,,,-_.,--'- ---, , ",--, " Jack ~ovey, Chair -"", --' "",-- "-"",,,,--'" ,,-"""--'- ,-",- - .._"",--, ---,,"'----'" -'- -, - ,..-"-",,,,-"'--'.- ' Michaell)~lrk, l\lcmber ,Erie Faison, Member =-"~""~~~"~"~'~"'~'~""~'" =-,,'-~"'~"-~'-~' -~, ~,-~-' ".~ ~"~~' ~,~' ~ ,_n__- ,- ='~,,'~.~' ~ cc: Project File - AG 04-079, West Hylebos Creek Restoration Day File k:.I,,;('\2005\1-; 1)-05 we,,; hyJd)()o; crec}.. ico; I or;;t ion projecL lin" J ¡]rccpi.dot' CITY OF FEDERAL WAY MEM 0 RAND UM DATE: TO: VIA: FROM: SUBJECT: January 10, 2005 Land Use and ~{~o~on Committee David H. M~'1y _Manager "/7:\3) Paul A. Bucich, P.E., Surface Water Managerw SW 356,h Regional Pond Fence Project-lOO% Design Approval & Authorization to Bid POLICY QUESTION: Should Council approve the 100% design of the SW 356th Regional Pond Fence Project and authorize staffto advertise the project for bid? BACKGROUND: This project will install approximately 1,800 lineal feet of chain link fencing to enclose four properties recently acquired by the City of Federal Way that were needed to complete the regional pond. The area to be fenced is located in a wooded Single Family High Density residential area that abuts SW 356111 Street. PROJECT SAVINGS AND CONTINGENCY: Currently the project design is completed and hereby presented for your consideration and approval to bid. OPTIONS: PROJECT EXPENDITURES: Engineers' 2005 Construction Estimate 10% Construction Contingency TOTAL PROJECT COSTS $38,579 $3,858 $42,437 AVAILABLE PROJECT FUNDING: 304-3100-241-596-42-650 $42,437 $42,437 TOTAL AVAILABLE CONSTRUCTION FUNDING 1. Approve 100% design to fence pond perimeter and authorize staff to advertise project for bid, returning to Council for authorization to award. Although this option would have a construction cost to the City, the project would complete the fencing of this area, limit access to unauthorized individuals, thus reducing potential liability issues. Reject 100% design, leave pond unfenced, and provide direction to staff This option would incur the occasional cleanup costs for illegal dumping. An unfenced area would provide an attractive nuisance for childrenlhomeless persons, therefore increasing potential liability risks. This unfenced area also has potential for encroachment by current and future residential development. 2. January 10, 2005 Land Use and Transportation Committee SW356th Regional Pond Fence Project Page 2 of 2 Staff Recommendation: Staff recommends forwarding Option I to the February 1,2005 City Council Agenda for approval: Approve 100% design and authorize staff to advertise project for bid, returning to Council for authorization to award the contract to the lowest responsive, responsible bidder. Committee Recommendation: Forward the above staff recommendation to the February I, 2005 City Council consent Agenda. ,; "APPROVAL OF CO:\"IMITTEE REPORT: ..0" ---'-"..,--',"'----' ---- -----,,---.. ,---.. "",--,. , - "",---....--- ,-,-"-",,,,-,----""---"'--' -- "-"-',--""'"-- '---"""-""---'-m_",,_,,- J~lck ()o,'cy, Chair Michael ])ark, Member Eric Faison, Member ~" --=,-~'-""'-'="- ~"..="'=-..~-" =.-'~' '~--, ,~--'-,=..'" ,,-"" --, '~'. '~--' '~-=-' ~~-' ~ '=~'~""=""~=- =-' '=""~ cc: Project File Day File k:,jú~c2C"'S] -i".,')) '" .is,,!!! rc'g;,'"a] p""d I('"ee pro;CCl ' 10,;°'0 d(",i¡'IJ 3nd atllhori/al;,>nlO bid.Jo,' CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT TO: FROM: Jack Dovey, Chair Land Use/Transportation Committee J im Harri~ñior Planner David ~anager Wynstone Preliminary Plat and Concomitant Agreement Application No. 03-102630-00-SU and 03-1 02632-00-UP VIA: RE: DATE: January 4, 2005 I. REQUESTED ACTION The applicant requests approval of a preliminary plat application and revision of a Concomitant Zoning Agreement. II. STAFF RECOMMENDATION Staff recommends the Land Use/Transportation Committee forward to the City Council a recommendation approving the Wynstone preliminary plat with conditions, and approval of the Wynstone Concomitant Zoning Agreement based on the findings and conclusions in the December 29, 2004 Reports and Recommendations, by the Federal Way Hearing Examiner. III. SUMMARY OF ApPLICATIONS The applicant requests approval of a 45-10t residential preliminary plat, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. The applicant also requests to modify the terms and conditions of a 1990 Concomitant Zoning Agreement as amended, applicable to five acres of the Wynstone site. The current Concomitant Zoning Agreement allows only multi-family development on the site. The proposed concomitant agreement amendment would allow the subject property to be developed with both single-family and multi-family development. In addition, the applicant requests to modify the terms of the 1990 agreement in regard to the status of the building permit application, landscape standards abutting single-family zoning, building setbacks along Campus Drive, required improvements to Campus Drive, building height, maximum density of 347 units, phased construction, housing type, and 10th Avenue corridor dedication and improvement. IV. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision on the preliminary plat application at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures, preliminary plat applications are brought to the Land Use/Transportation Committee for review and recommendation prior to review by the full Council. Pursuant to Section 8 of the 1990 Concomitant Agreement and Section 22-488 et al. of FWCC, the City Council issues"a final decision on the concomitant zoning agreement at a public meeting, after review of the Hearing Examiner's recommendation. The concomitant agreement as proposed allows the subject property to be developed in conformance with the proposed preliminary plat application. V. HEARING EXAMINER'S RECOMMENDATIONS On December 29,2004, the Federal Way Hearing Examiner issued a Report and Recommendation (Exhibit A) to approve the proposed preliminary plat. The Examiner also issued a Report and Recommendation on December 29,2004, to approve the concomitant zoning agreement applicable to a portion of the Wynstone site (parcel 5b) (Exhibit B). The Hearing Examiner's recommendations include all conditions recommended by staff, and the Examiner added condition number seven on the preliminary plat recommendation regarding notification of future multi-family development on lot number 45. The Examiner's recommendation on the preliminary plat was issued following consideration of a staff report (Exhibit C) and testimony presented at the December 14, 2004 public hearing, and recommends the following conditions: 1. Under the terms of the existing Concomitant Zoning Agreement, approval of a new Concomitant Agreement is required concurrent with approval of the preliminary plat on parcel 192104-9044. Therefore, the associated proposed Concomitant Agreement must be adopted concurrent with approval of the preliminary plat. 2. Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised landscape plan that includes the following landscaping to be approved by the City: A. Arterial buffer landscaping in Tract C per FWCC Section 20-178; B. Street trees in right-of-way landscape planter strips per Public Works Department Standards; c. Landscaping of Tracts D and H with vegetation including trees, shrubs, and groundcover, to provide a visual separation between the public right-of-way and the proposed stormwater facilities. These landscape tracts shall be owned and maintained by the homeowners' association. The landscape tracts shall be developed with Type III landscaping. If cyclone fencing is used around the storm drainage ponds, the fencing shall be coated black or green. D. Restoration and landscaping of slopes resulting from clearing, grading, and construction roadways. E. . Significant tree retention and protection in compliance with FWCC standards. Wynstone Preliminary Plat & Concomitant Agreement Land UsefTransportation Committee Memo File #03- I 02630-00-SU / Doc ID 20780 Page 2 F. Landscaping adjacent to proposed retaining walls on lots 5-9. 3. Based on the August 19,2004, recommendations from Berquist Engineering Services, the final plat map shall note that all building foundations shall be setback from retaining walls a distance equal to the height of the wall. Based on December 15,2003, recommendations in the Berquist report, and the April 15, 2004 amendment, buildings on lots 19,20, and 45 shall be setback a minimum of 10 feet from the top of the slope that exceeds 10 feet vertical height. Design and construction of the project shall comply with all requirements and recommendations of the Berquist Engineering analysis and reports dated December 15,2003, and April 15, 2004. 4. Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards for the site frontage along SW Campus Drive. Prior to construction, the applicant shall provide approval of the landing design and location from Metro. ' 5. The final plat map shall include a note to the following effect: Due to the proposed multi-family development on lot 45, open space on lot 45 was not provided with the subdivision. Open space on lot 45 must meet the greater requirement of the Federal Way Subdivision Code requirement of 15 percent gross open space, or the multi-family open space/recreation area requirements of FWCC Section 22-667. Review and approval of the lot 45 open space will occur in conjunction with pennitting and development on lot 45. Open space on lot 45 shall be provided on-site and in accordance with provisions of FWCC Section 22-667, note 2. 6. If included in the final engineering design, retaining walls and rockeries design shall be harmonious with the residential use of the site and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment to be designed by the applicant and approved by the Community Development Services Department. 7. The applicant shall add a note to the final plat and a notice on the title of lots 22,25, 19,20,40, 41,42,43, and 44 of the fact that 13th Court SW will provide access to lot 45, which will develop with 16 multi-family or single-family residential units. VI. PROCEDURAL SUMMARY June 26, 2003 Date of application for 45-lot Wynstone preliminary plat and Concomitant Agreement September 10, 2003 Date application determined complete September 17,2003 Public notice of application issued September 1, 2004 Environmental detennination issued December 14,2004 Hearing Examiner Public Hearing (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) Wynstone Preliminary Plat & Concomitant Agreement Land Useffransportation Committee Memo File #O3-102630-00-SU I Doc ID 20780 Page 3 December 29, 2004 Hearing Examiner issues recommendation of conditional approval of preliminary plat and approval of concomitant zoning agreement to the City Council January 10, 2005 City Council Land Use/Transportation Committee meeting (This committee forwards a recommendation to the full Council for a decision at a public meeting [see Section VIII, below].) VII. DECISIONAL CRITERIA The decisional criteria for the preliminary plat is set forth in FWCC Section 20-127, and findings and conclusions that the application is consistent with these decisional criteria are set forth in the Hearing Examiner's report and recommendation. The decisional criteria for the concomitant agreement is set forth in FWCC Section 22-489, and findings and conclusions that the application is consistent with these decisional criteria are set forth in the Hearing Examiner's report and recommendation. VIII. COUNCIL OPTIONS The Federal Way City Council's review of the application is limited to the record of the hearing before the Hearing Examiner, oral comments received during the Public Meeting (so long as those comments do not raise new issues or information contained in the Examiner's record), and the Examiner's written report. The City Council may receive new infonnatiori not in the record pursuant to FWCC Section 20-1 27(b) and 22-489(c). A draft resolution recommending approval of the proposed concomitant zoning agreement and preliminary plat application as recommended by the Hearing Examiner is enclosed (Exhibit E). After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-127 and 22-489(c): 1. Adopt the Hearing Examiner's recommendations and approve the concomitant zoning agreement and preliminary plat; or 2. Reject the recommendation and deny the concomitant zoning agreement and preliminary plat; or 3. Remand the preliminary plat and concomitant zoning agreement back to the Hearing Examiner pursuant to FWCC Section 20-127(b); or 4. Adopt their own recommendations approving the concomitant zoning agreement and require or approve a minor modification to the preliminary plat pursuant to FWCC Section 20-127(d). Wynstone Preliminary Plat & Concomitant Agreement Land Useffransportation Committee Memo File #O3-IO2630-00-SU I Doc ID 20780 Page 4 IX. COMMITTEE RECOMMENDATION Forward option - to the full City Council for approval on January 18,2005. ApPROVAL OF COMMITTEE REPORT Jack Dovey, Chair Michael Park, Member - Eric Faison, Member EXHIBITS E. Hearing Examiner Preliminary Plat Report and Recommendation, December 29,2004 Hearing Examiner Concomitant Agreement Report and Recommendation, December 29,2004 Wynstone Preliminary Plat Staff Report to Hearing Examiner, December 7, 2004* Wynstone Parcel 5b Concomitant Agreement Staff Report to Hearing Examiner, December 7, 2004* City Council Draft Resolution for Wynstone Preliminary Plat and Concomitant Agreement Approval Concomitant Agreement for Development of Wynstone Property (Parcel 5b) Preliminary Plat Maps for Wynstone A. B. C. D. F. G. * Copies of all exhibits to the staff reports are not attached to this memo. A copy of these exhibits is in a notebook in the City Council Conference Room or is available from City staff. Wynstone Preliminary Plat & Concomitant Agreement Land Useffransportation Committee Memo File #03- 102630-00-SU I Doc ID 20780 Page 5 '", ' r " r. i,( IJ .'3 C"'- CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) ) ) FWHE# 04-12 FW# 03-1 02630-00-SU Wynstone Preliminary Plat I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 45 lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: December 14,2004 December 28, 2004 At the hearing the following presented testimony and evidence: 1. 2. Jim Harris, Senior Planner, City of Federal Way Brad Plemmons, Applicant, 101 "T" Street, Auburn, WA 98002 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. 3. Staff Report with all attachments for Preliminary Plat Staff Report with all attachments for Concomitant Agreement Power Point Presentation (hard copy) III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" with 2 EXHIBIT A PAGE-L-OF i1- attachments and hereby incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federa.l Way City Code (FWCC). 4. The applicant has a possessory ownership interest in an irregularly shaped, 13.5 acre parcel of unimproved property located southwest of the intersection of SW Campus Drive and 1 Olh Avenue SW within the City of Federal Way. Saghalie Park and Saghalie Junior High School abut the west property line. The applicant requests preliminary plat approval to allow subdivision of the site into 44 single family residential lots and one lot for future multi-family development. The plat map shows storm drainage tracts in the northeast and southwest corners of the plat and pedestrian accesses to the south and north. The buffer of a Category 2 wetland near the southwest corner of the site extends onto the site and is protected to its required 100 foot width. Development will require filling an unregulated, 1,029 square foot, isolated wetland in the southeastern portion of the site. 5. The northern portion of the parcel consisting of lots 5-17, a portion of lot 18, and the multi-family lot (lot 45) is located within the Multi-Family (RM 2,400) zone classification and also subject to a concomitant agreement which the applicant desires to modify. The southern portion of the site is located within the Residential Single Family (RS-7.2) zone classification of the Federal Way City Code (FWCC). The Federal Way Comprehensive Plan designates the northern portion of the site for multi-family uses and the southern portion for high density single family uses. 6. Abutting parcels to the north are located within the RM 2,400 and RM 3,600 zone classifications and improved with multi-family uses. Parcels to the south, located within the RS 7.2 classification, are improved with single family residential homes. Parcels to the east are presently vacant, but have pending single family preliminary plat applications. Parcels to the west are located within the RM 2,400 and RS 7.2 zone classifications, and as previously found, improved with Saghalie Park and Saghalie Middle School. The applicant submitted a completed application for preliminary plat approval on September 10,2003, and in accordance with RCW 58.17.033, vested the plat for consideration under the comprehensive plan, zoning, and land use ordinances in effect on said date. 7. Bergquist Engineering Services performed a geotechnical exploration and 3 EXHIBIT--'L- PAGE~OF -lL, 8. 9" engineering evaluation of the site and determined the soils suitable for residential development. The Bergquist report also notes that the ground surface elevation ranges from a low of 288 feet along SW Campus Drive in the northeast corner to a high elevation of 376 feet near the center of the western property line, and 380 feet near the center of the eastern half of the south property line. A steep, 20 foot high slope extends along the south side of SW Campus Drive across the plat frontage. The site contains several mounds and depressions in the southwest portion. The FWCC does not consider the steep slope adjacent to Campus Drive a geologically hazardous area due to its creation during construction of said road. Second growth forest including both conifer and broad leaf deciduous trees and a dense understory of native shrubs cover the site. As previously found, the applicant will fill a non-jurisdictional wetland in the southeastern portion of the site, but will preserve a 100 foot buffer with no intrusions to protect an off-site Category 2 wetland. The preliminary plat map shows a minimum single family lot size of 5,140 square feet and a maximum single family lot size of 17,185 square feet. The multi-family lot measures approximately one acre and can support a maximum of 16 multi-family and/or single family housing units. Proposed lots on the southerly portion of the site in the RS-7.2c1assification meet the minimum 7,200 square foot lot size, and all lots on the northerly portion meet the minimum 5,000 square foot lot size for single family dwellings in the RM zone classification. Most lots have a rectangular shape and six lots will have a panhandle access. All lots provide a reasonable building envelope. Open spaces on the site include Tract C, a 60 foot wide, building setback area adjacent to SW Campus Drive which includes the steep slope. Additional open space includes the 16,444 square foot Tract G which will serve as a wetland buffer. Tracts E and F consists of 20 foot wide pedestrian accesses extending from internal plat roads to a pedestrian access in an adjoining plat and to the main plat road near its intersection with SW Campus Drive. Lot 45, the multi- family lot, will provide its own open space and is basically a stand-alone project. The applicant has requested to pay a fee in lieu of providing the full amount of open space and the CityPARCS Director has agreed. The final calculation will occur at final plat approval. The applicant will install a ten foot wide, Type 3 landscape strip adjacent to Campus Drive in accordance with FWCC Section 20- 178. 10. According to the applicant's geotechnical evaluation (Exhibit "6"): 4 EXHIBIT A PAGE 3 OF-11- 11. 12, Extensive cuts and fills will be required due to the amount of topographic relief on the site. The maximum depth of cut will about 24 feet along the entrance road at 1 Olh Avenue SWand SW Campus Drive. Fills up to 14 feet thick will be required on the south third of 12th Avenue SW.... Based upon said evaluation, the applicant desires to clear and grade . approximately half of the future lots, align the 1 Oth/12lh corridor with SW Campus Drive, and construct 12th Ct. SW. FWCC Section 20-179 provides: (a) All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading as shown on approved engineering plans... (b) Existing mature vegetation shall be retained to the maximum extent possible... Based upon the constraints of the site, the proposed clearing and grading limits set forth in the Jaeger Engineering revised report of October 20,2004, are appropriate. Without clearing and grading of the northern parcel, the resulting grades on lots 1-18 would exceed 20% slopes and would require extensive, additional grading. Mass grading will allow a 14% slope. Even with mass grading the applicant must install retaining walls near the rear property lines of lots 5-9 and around two sides of the proposed storm water facility. As previously found, the site is heavily forested with both deciduous and evergreen trees. Jaeger Engineering prepared a tree plan which identifies 630 significant trees on site. The FWCC does not regulate the 270 trees located within future rights-of-way and utility areas. The remaining 360 significant trees are regulated for retention and replacement. The mass clearing and grading will require removal of 305 significant trees but will allow retention of 155 trees. The number of trees retained calculates to 43% of all regulated trees, and thus exceeds the maximum retention standard of 25%. Thus, the preliminary plat satisfies the tree retention standards. The applicant commissioned Christopher Brown and Associates to provide a Traffic Impact Analysis (TIA) for the project. Mr. Brown's revised analysis dated March 31, 2004, (Exhibit "11 ") was reviewed and accepted by the City Traffic Division. Access to lots in the plat will be provided by an extension of the 5 EXH!BIT A PAGE~OF .J.L 13. 10th/12th Avenue corridor from SW Campus Drive to the current terminus of 12th Avenue South at the southeast corner of the site. The applicant will also extend SW 340th St. from its present terminus near the southwest corner of the site to the 10th/12th Avenue SW extension. Two cul-de-sac roads will extend north and northwest from the principal internal plat roads, one of which will provide access to the future multi-family development. The 10th/12th Avenue SW corridor through the site meets the definition of "principal collector" and will require development in accordance with City standards. The southern portion of 10th/12th SW will include full street improvements per standards cross section M which requires 36 feet of pavement in a 70 foot wide right-of-way, vertical curbs, six foot landscape strips, street trees, street lights. and eight foot sidewalks on both sides of the street. Improvements on the northern portion of the 10th/12th corridor will also meet the requirements cross section M. Improvements on the east half of the street will include 18 feet of pavement, curb and gutter, six foot landscape strip, street trees, eight foot wide sidewalks, street lights, and three foot wide utility strip. Improvements on the west side of the street will include six feet of pavement plus thickened edge for a total width of 12 feet of pavement, drainage provisions, asphalt tapers, stabilization. and erosion control of grading areas. SW Campus Drive meets the definition of "principal arterial" and the applicant will construct a 12 foot wide, left turn pocket therein to provide safe access 10th Avenue SW. The improvements will require additional asphalt paving as well as concrete curb and gutter, six foot planter strip with street trees and street lights, eight foot wide side walk, and three foot wide utility strip. The applicant will also dedicate seven feet of right-of-way to the City across the plat frontage. The applicant will also make improvements to the SW quadrant of the 10th/SW Campus Drive intersection to include handicapped access ramps. provision of left turn markings, and markings for channelization. The applicant will improve SW 340th Street within the plat and connecting off-site to "minor collector standard". which corresponds to a cross section S. Such includes a 36 foot wide pavement width with vertical curb and gutter. four foot planter strips with street trees, five foot sidewalks and three foot utility strips with street lights within a 60 foot wide right- of-way. The two cul-de-sac roads will meet the "local street standard" corresponding to a cross section W which includes 28 feet of pavement width, vertical curb and gutter, four foot planter strip with street trees, five foot sidewalks, and three foot utility strip with street lights within a 52 foot wide right- of-way. Both the City Public Works Department and Federal Way Fire Department have approved the road improvements. The applicant will also either construct off-site, transportation improvement projects that are impacted by ten 6 EXHIBIT A PAGE ~ OF--12- 14. 15. 16. 17. or more p.m. peak hour trips, or voluntarily contribute a pro rata share to said projects. School aged children will attend Silver lake Elementary, Saghalie Junior High, and Decatur High School. In the future elementary schools could attend Sherwood Forest Elementary as the school is within one mile of the subdivision. Students will presently walk to Saghalie Junior High. The district and City have determined that sidewalks and safe walking areas exist from Wynstone to both of said schools. The district will bus high school students to Decatur High School, and the applicant will provide appropriate bus stops. The applicant must comply with the City School Impact Fee of $3,269 per single family housing unit subject to annual adjustment. The project has convenient access to Saghalie Park and the playfields of Saghalie Junior High which abut the west property line, and is in close proximity to the City's BPA trail. These public parks will provide significant recreational opportunities for future plat residents. The lakehaven Utility District will provide both domestic water and fire flow to the site, and the Fire Department will determine the number and location of fire hydrants. The lakehaven Utility District will also provide sanitary sewer service to each lot and has provided a Certificate of Sewer Availability. The applicant will design the storm drainage facility to meet the standards set forth in the 1998 King County Surface Water Design Manual and the City's amendments thereto. Jaeger Engineering has prepared a preliminary stormwater technical information report which the City Public Works Department has reviewed. A north/south ridge located approximately 400 feet from the west property line separates the site into two drainage basins. Each basin must provide level one flow control and resource stream water quality treatment. Drainage from both basins will flow to Panther lake, and as an alternative to providing level 1 flow control, the applicant may elect to pay for off-site detention in Panther lake. Two separate stormwater wetlands will provide water quality treatment for the site. The drainage system meets the resource stream protection requirements for water quality treatment and will remove at least 80% of total suspended solids and 50% of total zinc. The storm drainage facilities will collect stormwater runoff and convey it through a series of pipes and catch basins to the treatment facilities. The applicant will also provide on-site erosion and sediment control measures, and the City may limit clearing and grading activities during the wet season. 7 EXHIBIT A PAGE~OF ~ 18. 19. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: A. The project complies with the Federal Way Comprehensive Plan which designates the northern parcel for multi-family uses and the southern parcel for high density single family uses. The comprehensive plan also identifies the construction of the 10th/12th SW corridor which the applicant will accomplish as part of the plat development. B. The project complies with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. The project complies with the provisions of FWCC Chapter 18 - Environmental Policy, Chapter 20 - Subdivisions, Chapter 22 - Zoning as well as all other applicable codes and regulations. While the preliminary plat does not comply with the 1990 Concomitant Zoning Agreement, a recommendation issued of even date recommends an amendment to said agreement which will make the proposed plat compatible therewith. C. The preliminary plat will be consistent with the public health, safety, and welfare. D. The preliminary plat satisfies the design criteria set forth in Section 20-2 FWCC. E. The preliminary plat meets the development standards set forth in Sections 20-151 through 20-157 and 20-158 through 20-187 FWCC. The internal cul-de-sac road shown on the preliminary plat as 13th Ct. SW extends northwest from SW 340th St. and abuts four single family residential lots, and as many as seven lots will access onto said road. Said road accesses onto SW 340th St. opposite two additional single family residential lots. Upon development of the multi-family lot, 16 additional units will use 13th Ct. SW for their sole access. Such will significantly increase the traffic on said road. To provide notice to future abutting and nearby lot owners, the Examiner has recommended a condition of approval which requires the applicant to place a note on the final plat and on the title of the affected lots advising of the future connection of the multi-family project to 13th Ct. SW. 8 EXHIBIT A PAGE LOF JL IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request: 2. The applicant has established that the proposed preliminary plat is consistent with the Federal Way Comprehensive Plan and satisfies all bulk regulations of the applicable RM 2,400 and RS 7.2 zone classifications of the Federal Way City Code. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, potable water supplies, sanitary waste, playgrounds, parks and recreation, transit stops, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat satisfies all criteria set forth in Section 20-126(c) FWCC and will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to significant outdoor recreational opportunities, and which will result in the extension of traffic corridors. Therefore, the preliminary plat should be approved subject to the following conditions: 1. Under the terms of the existing Concomitant Zoning Agreement, approval of a new Concomitant Agreement is required concurrent with approval of the preliminary plat on parcel 192104-9044. Therefore, the associated proposed Concomitant Agreement must be adopted concurrent with approval of the preliminary plat. 2. Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised landscape plan that includes the following landscaping to be approved by the City: A. Arterial buffer landscaping in Tract C per FWCC Section 20-178; B. Street trees in right-of-way landscape planter strips per Public Works Department Standards; C. Landscaping of Tracts D and H with vegetation including trees, shrubs, and groundcover, to provide a visual separation between the 9 EXHIBIT A PAGE--Y-OF jL public right-of-way and the proposed stormwater facilities. These landscape tracts shall be owned and maintained by the homeowners' association. The landscape tracts shall be developed with Type III lands aping. If cyclone fencing is used around the storm drainage ponds, the fencing shall be coated black or green. D. Restoration and landscaping of slopes resulting from clearing, grading, and construction roadways. E. Significant tree retention and protection in compliance with FWCC standards. F. Landscaping adjacent to proposed retaining walls on lots 5-9. 3. Based on the August 19, 2004, recommendations from Berquist Engineering Services, the final plant map shall note that all building foundations shall be setback from retaining walls a distance equal to the height of the wall. Based on December 15, 2003, recommendations in the Berquist report, and April 15,2004, amendment, buildings on lots 19, 20, and 45 shall be setback a minimum of 10 feet from the top of the slope that exceeds 10 feet vertical height. Design and construction of the project shall comply with all requirements and recommendations of the Berquist Engineering analysis and reports dated December 15, 2003, and April 15, 2004. 4. Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards for the site frontage along SW Campus Drive. Prior to construction, the applicant shall provide approval of the landing design and location from Metro. 5. The final plat map shall include a note to the following effect: Due to the proposed multi-family development on lot 45, open space on lot 45 was not provided with the subdivision. Open space on lot 45 must meet the greater requirement of the Federal Way Subdivision Code requirement of 15 percent gross open space, or the multi-family open spacelrecreation area requirements of FWCC Section 22-667. Review and approval of the lot 45 open space will occur in conjunction with permitting and development on lot 45. Open space on lot 45 shall be provided on-site and in accordance with provisions of FWCC Section 22-667. note 2. 10 EXHIBIT A- PAGE~OF ---'.L 6. If included in the final engineering design, retaining walls and rockeries designs shall be harmonious with the residential use of the site and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment to be designed by the applicant and approved by the Community Development Services Department. 7. The applicant shall add a note to the final plat and a notice on the title of lots 22, 25, 19, 20, 40, 41, 42, 43, and 44 of the fact that 13th Ct. SW will provide access to lot 45 which will develop with 16 multi-family or single family residential units. RECOMMENDA TION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Wynstone subject to the conditions contained in the conclusions above. TRANSMITTED THIS 29th DAY OF December, 2004, to the following: OWNER: Brad Plemmons Brad Plemmons Enterprises 101 T Street SE Auburn, WA 98002 ENGINEER: Mr. Jim Jaeger Jaeger Engineering 9419 South 204th Place Kent, WA 98031 11 EXHIBIT . A PAGE--'lL-°F j3 OTHERS: Jane Doe 14417 - 97th Avenue Ct. NW Gig Harbor, WA 98329 Bruce R. Goldstein c/o Colliers International 1102 Commerce Street, Ste. 300 Tacoma, WA 98402 Dave Hopkins Windermere Real Estate 11411 NE 124th St. #101 Kirkland, WA 98034 Mike Walsh Yarrow Bay Development 825 Fifth Avenue, Ste. 202 Kirkland, WA 98033 City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 12 EXHIBIT A PAGE-'l-OF j¿- CITY COUNCIL REVIEW, ACTION Pursuant to Section 20~ 127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. . As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (c) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the plat; and The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. (d) 13 EXHIBIT -'L- PAGE -.lLOF .JL " . '" -- -'-, - . -- -- -,-- " --'----:_------ -, ;!"",':/ fir/,,> ~'C¡J .'3 Lr ',' , , '" '.':+ .'. "..' I '------ ' -",J : I L ' -----:~---..J OFFICE OF THE HEARING EXAMINE~---:"'----_'_'------_.--" I -- ---,- CITY OF FEDERAL WAY ) ) CONCOMITANT AGREEMENT FOR ) PARCEL 5b 1000 Block of SW Campus Drive) ) ) ) IN THE MAnER OF: FWHE# 04-12 Related File # 03-1 02632-00-UP Process V I. SUMMARY OF APPLICATION The applicant has requested modification of a February 27, 1990, concomitant zoning agreement (CZA) as amended by City Council resolution 93-128 and resolution 93- 144. The CZA as amended pertains to a five-acre parcel located at approximately the 1000 block of SW Campus Drive. Pursant to Section 8 of the 1990 agreement, amendment of the existing agreement shall be processed in the same manner as a rezone of property. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: December 14, 2004 December 29, 2004 At the hearing the following presented testimony and evidence: 1. 2. Jim Harris, Senior Planner, City of Federal Way Brad Plemmons, Applicant, 101 "1" Street, Auburn, WA 98002 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. 3. Staff Report with all attachments for Preliminary Plat Staff Report with all attachments for Concomitant Agreement Power Point Presentation (hard copy) III. FINDINGS 2 EXHIBIT ß PAGE-----LOF -2- " . 1. On February 27, 1990, a concomitant agreement was signed by the City of Federal Way, Polygon 2000, Inc., and Quadrant Corporation. The agreement covered two parcels of property and established their zoning, methods of resolving potential disagreements with respect to vested rights, and the applicability of King County or City of Federal Way regulations. Polygon 2000, Inc. and Quadrant Corporation owned a 21 acre parcel of property known as Parcel 5 located southwest of SW Campus Drive opposite its intersection with 10th Avenue SW. 2. In 1991 the City purchased approximately 16 acres of the western portion of Parcel 5 for the purpose of developing a community park in conjunction with the construction of Saghalie Junior High School by the Federal Way School District. The 16 acres purchased by the City consisted of Parcel A of Parcel 5. Parcel 8 of Parcel 5 consists of the remaining five acres and remains in private ownership. At the time of purchase the Federal Way City Council amended the concomitant agreement for Parcel 5 by deleting Parcel A, but make no changes for Parcel 8. The City Council amended the agreement a second time to change the requirements for landscape buffering adjacent to single family zoning and to clarify the timing and funding for the construction of 10th Avenue SW. On August 27, 2003, the applicant submitted a written request to once again amend the 1990 concomitant agreement. The amendment will allow development of the Wynstone preliminary plat on Parcel 58. 3. The five acre site is located south and west of the intersection of SW Campus Drive and 10th Avenue SW and consists of heavily wooded, undeveloped property. The site is located within the Multi-Family (RM 2,400) zone classification of the Federal Way City Code (FWCC). Abutting parcels to the north are located within the RM 2,400 and RM 3,600 classification and improved with multi-family uses. Parcels abutting the west property line are now improved with the Saghalie Junior High School and Saghalie Park, and the parcel abutting the south property line while currently undeveloped, is proposed for development jointly with Parcel 8 into a subdivision consisting of 44 single family lots and one multi-family lot. The property abutting the east property line located in the RM 3,600 zone classification is presently vacant, but has an application pending for a single family residential preliminary plat. 4. The applicant proposes to combine Parcel 8 with an 8.5 acre parcel to the south and improve both with single family and multi-family residential dwellings. The project renders many of the terms of the concomitant agreement inapplicable, 3 EXHIBIT ß PAGE :2 OF:::L- '. . 5. and the applicant and the City a new agreement rather than amending the most recent version of the 1990 agreement. Changes in the agreement are as follows: A. Elimination of the reference to the 1989 building application filed with King County. B. Changing of the required 60 foot wide landscape buffer and solid board fence around lot 45, the future multi-family site, to a 20 foot wide buffer consistent with current FWCC requirements. C. Retention of the minimum 60 foot wide building setback adjacent to Campus Drive. D. Retention of the 30 foot maximum building height limitation, but elimination of such requirement in the agreement since the height limit complies with the FWCC, E. Replace the maximum density of 347 multi-family dwelling units on the original 21 acre site (one unit per 2,636 square feet) with a maximum of 16 units on proposed lot 45 which calculates to one unit per 2,636 square feet. F. Elimination of the provision requiring phased construction of no more than 100 units per year. G. Elimination of the provision requiring one-third of the residential units as townhomes. H. Adding a clause clarifying the dedication, funding, and construction standards for 1 01h/121h Avenue SW across the site. I. Elimination of the provision allowing multi-family housing only and adoption of a provision allowing a mixture of single family and multi-family uses on the site. Section 8 of the 1990 concomitant agreement provides: The agreement may be amended by the owners by filing an application therefore, which shall be considered and heard in the 4 EXHIBIT --6- PAGE 3 OF ~ . " same manner as a rezone of property. Article 8 FWCC provides that quasi-judicial rezones require Process V review. Section 22-476 FWCC þrovides that under Process V review, the Examiner holds a public hearing and then makes a recommendation to the Federal Way City Council which then decides upon the application. Section 22-488(c) FWCC sets forth the decisional criteria for quasi-judicial rezones. Findings on each criteria are hereby made as follows: 1A. 18. 1C. 10. The proposed amendment to the concomitant agreement is in the best interests of the residents of the City. The site will develop in accordance with all applicable City codes and regulations. The preliminary plat provides a range of housing opportunities to include larger lot single family, smaller lot single family, and multi-family. Such will assist the City in meeting its density requirements under the State Growth Management Act. The changes to the concomitant agreement are appropriate because site conditions in the vicinity have changed since adoption of the original agreement in 1990. The City purchased 16 acres of the 21 acre parcel and developed it with a public park, and the Federal Way School District constructed property abutting the west property line with a junior high school. Furthermore, the building permit application for the multi- family/townhome project proposed in 1990 has expired. As previously found, the parcel covered by the agreement has reduced in size from 21 acres to five acres, and the applicant has joined the reduced parcel with an adjacent 8.5 acre parcel which allows a better development plan. The agreement is consistent with the Federal Way Comprehensive Plan which designates the site for both single family and multi-family development and also encourages the construction of the 10th/12th Avenue corridor through the site. The proposal will also result in the construction of an east/west street connection between the present terminus of SW 340th St. and SW Campus Drive. The amendment complies with all applicable provisions including those adopted by reference from the comprehensive plan. The City's Community Development Review Committee has reviewed the proposal and determined that the revised agreement and associated preliminary 5 EXHIBIT-L PAGE--.!LOF l. . . 1E. 2A. 2B. 2C. 2D. 2E. plat will comply with all applicable codes and regulations. Approval of the amendment will further the public health, safety, and welfare as it will allow a range of housing opportunities as set forth above. Furthermore, the amendment will allow construction of infrastructure which will benefit the City has a whole. As previously found, the criteria set forth in Subsection (1) above are met. The proposed project complies with Chapter 22 FWCC as set forth above. The site plan consists of the proposed preliminary plat which covers the parcel. The plat is designed to minimize all adverse impacts on developed properties in the vicinity of the site. The remaining one acre multi-family parcel abuts Saghalie Park, but does not abut any single family uses. The preliminary plat proposes lot sizes in accordance with the applicable zone classification and consistent with other development in the area. Development of the preliminary plat will not impact public services and utilities. The lakehaven Utility District has issued water and sewer availability letters for the project. Furthermore, development of the site as allowed under the present agreement would authorize a significantly higher density. The amendment will reduce the density from 82 potential units to a maximum of 30 proposed units on the portion of Wynstone covered by the concomitant agreement. The rezone has merit and value for the community as a whole based upon the provision of housing options and the completion of an east/west and north/south transportation corridor. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 6 EXHIBIT ß PAGE--Í-OF ~ , , 2. The applicant has established that the request to amend the concomitant zoning agreement relating to Parcel 5B of the previous Campus Crest project satisfies all criteria set forth in Section 22-488 FWCC and therefore should be approved. RECOMMENDA TION: It is hereby recommended that the Federal Way City Council approve the new concomitant agreement for Parcel 5B of the original Campus Crest project. DATED THIS 29th DAY 0 EN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED THIS 29th DAY OF December, 2004, to the following: OWNER: Brad Plemmons Brad Plemmons Enterprises 101 T Street SE Auburn, WA 98002 ENGINEER: Mr. Jim Jaeger Jaeger Engineering 9419 South 204th Place Kent, WA 98031 OTHERS: Jane Doe 14417 - 97th Avenue Ct. NW Gig Harbor, WA 98329 Bruce R. Goldstein c/o Colliers International 1102 Commerce Street, Ste. 300 Tacoma, WA 98402 7 EXHIBIT ----B- PAGE~OF Ï- -, . Dave Hopkins Windermere Real Estate 11411 NE 124th St. #101 Kirkland, WA 98034 Mike Walsh Yarrow Bay Development 825 Fifth Avenue, Ste. 202 Kirkland, WA 98033 City of Federal Way clo Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 CITY COUNCIL REVIEW, ACTION Pursuant to Section 22-488, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-125. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the rezone is necessary, the city council shall adopt its own recommendations and approve or disapprove the rezone. As part of the final review, the city council may require or approve a minor modification to the application. 8 EXHIBIT B PAGE-=:LOF J- CITY OF Federal Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER Wynstone Preliminary Plat Federal Way File No. 03-102630-00-SU PUBLIC HEARING - December 14,2004 FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33325 8th AVENUE SOUTH Table of Contents I. General Information................................................"""""""""""""""""""""""""""".....2 II. Consulted Departments, Agencies, and Public ....................................................................3 III. State Environmental Policy Act ....... "" ........... ........ ......... "" ............. .......... ......,...... ............4 IV. Natural Environment....... ............ """"""""""""'" """ ..... ..,. ..................."...........................4 V. Neighborhood Characteristics "'" """""""'" ....... ...... ...........................................,.... ...........5 VI. General Design.,.............................................."""""""""""""""""""""""""""...............5 VII. Transportation...........................................""""""""""""""""""""""""""""...................8 VIII. Public Services................................................."""""""""""""""""""""""""""..............9 IX. Utilities...................................................."""""""""""""""""""""""""""'"..................10 X. Analysis of Decisional Criteria ............. ....... ...".. """""""""""""""'" """"""""" ............11 Xl. Findings of Fact and Conclusions """" """""'" .................. """"" """"""""""'" .... ..........12 XII. Recommendation """"""'" ............ ...... .....,...... """"""""" .................. ...... ............ """"" ..16 XIII. List of Exhibits.. ........ """"" ............ """'" ....... """""""""" """""'" ......................, ...........17 ,p.eport Prepared by: \\ I"m Harris, Senior Planner Û December 7, 2004 EXHIBIT G PAGE .-L-OF .l5 File No: 03-102630-00-SU Engineer: Mr. Jim Jaeger Jaeger Engineering 9419 South 204th Place Kent, W A 98031 Phone: 253-850-0934 Owner: Brad Plemmons Brad Plemmons Enterprises 101 T Street SE Auburn, W A 98002 Phone: 206-293-1434 Action. Requested: Preliminary plat approval of a 45-lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110. Staff Representative: Jim Harris, Senior Planner, 253-835-2641 Staff Recommendation: Preliminary Plat Approval with Conditions (Refer to Section XII) I GENERAL INFORMA nON A. Description of the Proposal- The applicant proposes to subdivide two vacant parcels totaling approximately 13.49 acres into 45 separate lots. Lots I through 44 are intended for single-family use and lot number 45 on the preliminary plat is for future multi-family development. The southerly property (tax lot 192104-9030) is comprised of approximately 8.4 acres and is zoned RS 7.2 (residential single-family, 7,200 square-foot minimum lot size). The northerly property (tax lot 192104-9044) is comprised of approximately five acres and is currently zoned RM-2400*. RM-2400 is a multi-family zoning designation, requiring a minimum of 2,400 square feet of lot area per dwelling unit for multi-family development. The asterisk (*) denotes that a property is subject to a concomitant zoning agreement. The proposed action is depicted in the following documents: Wynstone preliminary plat map, revised May 10, 2004 (sheet I of I); along with the Wynstone Preliminary Roads, Drainage and Utilities Plan (sheet I of I), revised October 20,2004; Wynstone Preliminary Grading Plan dated revised October 20, 2004; Wynstone Preliminary Grading Plan Cross Sections, November 20, 2004; Wynstone Preliminary Plat Road Profiles sheets 1-3 dated revised December 10, 2003; Wynstone Existing Tree Plan by Jaeger Engineering, March 14, 2003 sheet I of I; and Wynstone Preliminary Landscape Plan by Eagle Design, April 23, 2003 (Exhibit I). Wynstone Preliminary Plat Staff Report to the Hearing Examiner The applicant has requested to modify certain provisions of the existing 1990 concomitant zoning agreement applicable to parcel 192104-9044, as the proposed preliminary plat does not ~ÔF~ comply with the tenns of the 1990 Agreement as amended. The staff report and recommendation on the CZA amendment is under separate cover to the Hearing Examiner, and the Examiner will review and hold a public hearing on the CZA amendment request concurrent with the preliminary plat. In respect to site access, roadway connections and utilities, development of the entire site is integral in meeting applicable City standards. Therefore, since single-family use is not pennitted on parcel 192104-9044 under the tenns of the existing concomitant zoning agreement, approval of a new Concomitant Agreement is required concurrent with approval of the preliminary plat. Location - The site is generally located along the south side of SW Campus Drive at the intersection of 10th Avenue SW. The site also abuts the northerlytenninus of lth Avenue SWat approximately the 34000 block (north of the plat of Orchid Lane), in Federal Way, W A. B. c. Parcel Nos, - 192104-9044 and 192104-9030. The site legal description is on the plat map, D. Size of Property - The subject site has a land area of 587,624 square feet (13.49 acres). E. Land Use and Zoning- Direction Site North South East West Zoning Comprehensive Plan Existing Land Use RM-2400*1 Multi-Family Vacant RS- 7.2 SF - High Density Vacant RM-2400 Multipl(>-Family Multi-family RM-3600 RS- 7.2 SF - High Density SFR2 RM-3600* Multipl(>-Family Vacant w/Pending Single-family Preliminary plat application RM-2400* Multipl(>-Family Saghalie Park, Saghalie Middle RS- 7.2 School, SFR Background - The preliminary plat of Wynstone was submitted on June 26, 2003 (Exhibit 2). The preliminary plat application includes a request to amend the concomitant zoning agreement that applies to one of the subject parcels. The application was determined complete on September 10,2003. F. II CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC The following departments, agencies, and individuals were advised of this application. Community Development Review Committee (CDRe), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of A. IRS- 7.2 = single-family residential, 7,200 SF minimum lot size. 2SFR = single-family residential. Wynstone Preliminary Plat Staff Report to the Hearing Examiner EXH I B IT 03-1O2630-O0-S0 I Doc :a::9~ PAGE-3-0F ~ Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners within 300 feet of the site were mailed notices of the complete preliminary plat application and concomitant zoning agreement amendment request on September 17,2003. The City also conducted other public notice on September 17,2003, in accordance with City code requirements. C. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. III STATE ENVIRONMENTAL POLICY ACT A. The City of Federal Way issued a Mitigated Environmental Determination of Nonsignificance (MONS) (Exhibit 3) fa- the proposed action on September 1,2004. This determination was based on review of information on file, including the environmental checklist (Exhibit 4), and staff evaluation of the environmental checklist for Wynstone, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MONS. B. The City received one comment letter on the proposed action from King County Metro (Exhibit 5), during the 14-day SEP A comment period. c. No appeals of the environmental determination were submitted to the City. IV NA TURAL ENVIRONMENT A. Soils - The applicant provided a geotechnical exploration and engineering evaluation by Berquist Engineering Services, December 15, 2003 (Exhibit 6). In addition, the applicant provided additional geotechnical information included in letters from Berquist Engineering Services dated April 15, 2004 and August 19,2004 (Exhibits 7 and 8). The site soils are discussed in detail in the geotechnical report and addendums. The geotechnical report concludes that the site is suitable for residential development. The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (Age). Alderwood soils are characterized as moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of24 - 40 inches. AgC soils are described as capable for urban development, runoff is slow to medium, and erosion hazard is moderate. B. Topography - The site has a slope falling generally from south to north. In addition, the southwestern corner of the site generally falls in grade from north to south toward a small wetland near the southwest corner of the site. The overall slope of the site is approximately 15 percent slope in the northern half of the site, with areas of slope up to approximately 31 percent. The site does not have any steep slopes or any other geologically hazardous areas. There is a constructed cut slope in excess of 40 percent along the northern end of the site. However, since the cut slope was constructed in conjunction with construction of SW Campus Drive, this area is not considered as geologically hazardous (steep slope hazard) areas. ~ IA E U jOFO3-IO2630-00-SU /Doc1D29393 P 1\ G ---"3---.! --'-&- Page 4 Wynstone Preliminary Plat Staff Report to the Hearing Examiner v C. Vegetation - The site is heavily wooded and consists primarily of second growth forest with a mixture of conifer and broad leaf deciduous trees, with a dense understory of native shrubs. Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-186. City policy and FWCC Section 20-179 state "All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision... and; existing mature vegetation shall be retained to the maximum extent possible. " Retained significant trees outside of plat infrastructure areas are regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction. D. Wetlands - The applicant provided a wetland assessment from Habitat Technologies, April 8, 2003 (Exhibit 9). The wetland assessment identifies one small wetland on site, which is not a regulated wetland under FWCC, as it is approximately 1,029 square feet in size. The preliminary plat includes displacement of this wetland in conjunction with development of the site. In addition, the buffer of an off-site category II wetland extends onto the subject site near the southwest corner. The preliminary plat map preserves the 100- foot buffer with no intrusions. NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated generally in the south-central portion of the City. The site is located along Campus Drive, an arterial roadway and at the current terminus of 12th Avenue SW, a collector roadway. The subject site abuts Saghalie Park, a residential subdivision (Orchid Lane), and vacant property with a proposed single-family residential plat. B. Public Parks - The site abuts Saghalie Park, which is a 32-acre community park. The site is also in close proximity to the City's BPA Trail. These parks provide recreational opportunities for residents in the area. VI GENERAL DESIGN A. Lot Size - The proposed Wynstone lots range in size from 5,140 square feet to 17,185 square feet for single-family use. Proposed lot 45 is approximately one acre in size, and is intended for multi-family use and could yield up to 16 multi-family housing units under the terms and density allowance of the proposed Concomitant Agreement. All proposed lots on the southerly parcel (lot 192104-9030) meet the 7,200 square-foot minimum lot size for the underlying RS 7.2 zoning designation. All proposed lots on the northerly parcel (192104 9044 ) meet the minimum 5,000 square-foot minimum lot size for single-family residential use required in the RM zoning district (FWCC Section 22-666) as requested to be allowed in the proposed new Concomitant Agreement. B. Lot Layout - Most of the proposed lots are of rectangular shape, and six proposed lots gain access from panhandles connected to the lots. Each of the lots that include access via a . panhandle abut an adjacent panhandle lot. In order to meet applicable driveway setback requirements and provide a 20-foot driveway and five-foot exterior setbacks for each lot, the abutting panhandles must include reciprocal access easements for the abutting parcels. Building setback lines (BSBL) are depicted on the preliminary plat map, and each lot contains an adequate building area. Wynstone Preliminary Plat Staff Report to the Hearing Examiner EXHIBIT C, 03-1O2630-00~SU I Doc:a;:9; PAGE ~ OF---1ß- c. Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site for open space, or a fee-in-lieu payment. Pursuant to FWCC Section 20-1 55(b), the applicant has requested to pay a fee-in-lieu of providing on-site open space. The City PARCS Director has agreed to a fee-in-lieu of on-site open space. The open space fee amount is 15 percent of the assessed land value at the time of final plat approval. Open space credit as allowed by City code for buffer open space in Tract C, constrained open space in Tract G, and usable open space in Tracts E and F, will be permitted. A final calculation of open space will be conducted with review of the final plat and must comply with FWCc. Open space fee in-lieu for 15 percent open space on proposed lot 45 (one-acre multi-family parcel) is not allowed by code or supported by staff in conjunction with the preliminary plat. The open space on lot 45 must be provided at the time of the future development on lot 45 and meet the provisions of FWCC Section 22-667 (note 2) regarding size, dimensional requirements, usability, etc., including development of at least 10 percent of the area with children's play equipment. Specifically, the code requirement of at least 400 square feet of open space per multi-family dwe1lirig unit on lot 45 must be provided. In addition, the open space on lot 45 must also equal a minimum of 15 percent of the gross area of lot 45 (6,502 square feet of open space on lot 45), regardless of the eventual dwelling unit count of lot 45 (43,348 X 15% = 6,502 square feet). As described above, the open space on lot 45 must meet the more restrictive of the subdivision code requirement of 15 percent gross open space, or the multi-family open space/recreation area requirements of FWCC Section 22-667. Review and approval of the lot 45 open space will occur in conjunction with permitting and development of lot 45. D. Subdivision Access and Roadway System - Access to the site will be via construction of the 10th/12th Avenue corridor, extending from the intersection of loth Avenue SW and Campus Drive, through the site to the current terminus of 12'h Avenue at the north end of the Orchid Lane subdivision. In addition, access to the site will be provided by extending SW 340th Street through the Wynstone site, from its current terminus near Saghalie Park. The preliminary plat also includes construction of two cul-de-sac streets within the proposed subdivision. Section VII of this report provides a detailed description of the proposed roadway system and improvements. E. Pedestrian System - Sidewalks will be provided along all street frontages, except as proposed and recommended by City staff; a sidewalk is not required along the west side of lOth Avenue SW within tax parcel no. 192104-9044. Specifically, interior full street improvements include five-foot wide sidewalks on both sides of all streets, and eight-foot sidewalks on lOth/12th Avenue SW. In accordance with FWCC Section 20-156, the subdivision includes two, 20-foot wide pedestrian and bicycle access tracts. The first pedestrian tract is labeled as Tract E and provides a pedestrian connection between the cul-de-sac of 12th Place SW and 10th Avenue SW. The second pedestrian tract, identified as Tract F, connects from SW 340th to an existing pedestrian tract in the Orchid Lane subdivision. Metro Transit commented on the proposal in a September 14, 2004 email, and due to potential increased transit use resulting from the project, Metro requests construction of a concrete passenger shelter footing and landing pad along Campus Drive SW (Exhibit 5). Wynstone Preliminary Plat Staff Report to the Hearing Examiner EVH! .. ,. 03-1O2630-00-SU I Doc ID 29393 ^ BIT '-'" Page 6 PAGE~OF ~ F. Landscape Buffers - In accordance with FWCC Section 20-178, a ten-foot wide Type III landscape strip shall be provided along all arterial streets to shield new residences from arterial streets. Campus Drive is an arterial street; therefore, landscape buffering along this street is required. The preliminary plat map provides a 60-foot wide landscape buffer within proposed Tract C. G. Clearing and Grading - In a November 25, 2003, letter (Exhibit 10) to the City, the applicant has requested approval to clear and grade approximately half the future lots in conjunction with clearing and grading the site for infrastructure for the site. As described in the letter, the request to clear and grade the majority of parcel 192104-9044 is due to the unique topography of the site, extensive infrastructure requirements, and sizable off-site grading easement. In order to align the 10th/l2th Corridor with SW Campus Drive and to construct 12th Court SW, approximately 35,000 cubic yards of existing material will need to be removed to establish street grades for the site. In regard to clearing and grading plats, FWCC Section 20-179 states: "All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision. " "Existing mature vegetation shall be retained to the maximum extent possible. " City staff supports the clearing and grading limits proposed on the preliminary clearing and grading plan by Jaeger Engineering dated revised 1 0/20/04, based on the following factors: existing site topography which averages approximately 13 percent slope across the entire northern parcel, required cut depth up to 20 feet for construction of I Oth/l 2th SW, and resultant irregular lot grades that would result without mass clearing and grading of the northern portion of the site. Without clearing and grading of the northern parcel, the resulting grades on future lots 1-18 would exceed 20 percent slope, and would result in the need for extensive additional grading to create building lots with finish grades conducive to single-family development. By allowing mass grading of the northern parcel, future lots 1-18 have finished grades with an approximately 14 percent slope as depicted on the preliminary grading plan. . The preliminary grading plan identifies retaining walls proposed near the rear of lots 5 - 9 and around two sides of the proposed stormwater facility. The wall behind lots 5 - 9 are proposed to be constructed in two terraces, each no more than four feet tall and screened with plantings. The wall around a portion of the stormwater quality facility is proposed to be eight feet at the highest point. To minimize aesthetic impact and be consistent with the residential nature of the proposal, all walls shall include aesthetic treatment. H. Vegetation and Significant Trees - The Existing Tree Plan by Jaeger Engineering, 3/14/03, identifies 630 significant trees on the site. Approximately 270 trees to be removed are located within future right-of-way and utility areas and are not subject to the tree retention standards. Therefore, approximately 360 significant trees on the site are regulated for retention and replacement. As proposed, construction of the plat infrastructure and clearing and grading approximately half the proposed lots, will result in retention of approximately 155 significant trees on the site. Therefore, as proposed, the retention of 155 significant trees results in retention of 43 percent of the regulated trees, which exceeds the minimum retention standard of25 percent. Wynstone Preliminary Plat Staff Report to the Hearing Examiner EXH!BIT 03-102630-00-SU /Doc1D29393 PAGE , OF ~ Page 7 VII TRANSPORT A nON A. Street Improvements - A March 31, 2004, revised Traffic Impact Analysis (TIA) by Christopher Brown and Associates was submitted for the project (Exhibit 11). The City's Traffic Division has reviewed the project and concluded that the proposed street layout of the Wynstone subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. Access to the site will be via construction of the 1 Oth/ I zth Avenue corridor, extending from the intersection of lOth Avenue SW and Campus Drive, through the site to the current terminus of lzth Avenue at the north end of the Orchid Lane subdivision. In addition, access to the site will be provided by extending SW 340th Street through the Wynstone site, from its current terminus near Saghalie Park. The preliminary plat also includes construction of two cul-de-sac streets within the proposed subdivision. Interior streets shall be designed and constructed by the applicant per FWCC requirements. In accordance with FWCC Section 20-176, all street improvements must be dedicated as City right-of-way and improved to full street standards, except the portion of lOth/lth on parcel 9044, where partial street improvements are permitted. 10th/lzth Avenue SW through the site is classified as a Principal Collector. Improvements to the project frontage along lOth/12th Avenue SW are depicted on the October 20,2004 preliminary road and utility plan, by Jaeger Engineering, and improvements shall be completed prior to final plat approval. Improvements to IOth/l zth SWare required in accordance with City standards; The southern portion of 1 Oth/l zth S W on tax parcel 192104-9030 shall be developed with full street improvements per City Standard Cross Section 'M', including 36 feet of pavement in a 70- foot right-of-way, with vertical curbs, six-foot landscape strips with street trees, streetlights, and eight-foot sidewalks on both sides of the street. The northern portion of 10th/lzth SW on tax parcel 192104-9044 shall include street improvements per City Standard Cross Section 'M', including clearing and grading the 70-foot right-of-way required for full street improvements. The east half of this street shall be developed with 18 feet of pavement, curb and gutter, six-foot landscape strip, street trees, eight-foot sidewalk, streetlights, and three-foot utility strip. The west side of this street shall include six feet of pavement plus thickened edge for a total width of 24 feet of pavement, drainage provisions, asphalt tapers at a 25: I ratio, stabilization and erosion control of the graded areas. Campus Drive abutting the project site is classified as a Principal Arterial. Improvements to the project frontage along SW Campus Drive are depicted on the October 20,2004 preliminary road and utility plan, by Jaeger Engineering. Improvements to Campus Drive are required in accordance with City standards including additional asphalt paving to create a twelve-foot wide left-turn pocket to access lOth Avenue SW from SW Campus Drive per City Standard Roadway Section 'E', with concrete curb and gutter, six-foot planter strip with street trees and street lights, eight-foot sidewalk, and three-foot utility strip. The improvements shall provide sufficient new roadway taper east from the widened paved edge at the easterly property boundary. Along the Campus Drive frontage, a dedication of seven feet of property to the City is required for right-of- way. Improvements to the intersection of Campus Drive and lOth SW shall be completed prior to final plat approval. Specifically, at the SW quadrant of the intersection, the following improvements shall be completed: extend existing curb, gutter, planter strip, and sidewalk around the radius to Wynstone Preliminary Plat Staff Report to the Hearing Examiner EXH I BIT J 03-1O2630-00-SU / Doc ;:::9~ PAGE~F 10 the southwest, terminating at the end of the curb return. Construct City-standard handicap access ramps at the NW and SW quadrants of the intersection. Add channelization in SW Campus Drive to create a left turn lane onto loth Avenue SW, into"the proposed plat. Revise the left turn marking for traffic on the existing leg of lOth Avenue SW so that it will be a combined thru and left turn pavement marking. Channelization for the new section of loth Avenue SW shall be marked for two lanes of traffic: one lane westbound, with the southerly lane allowing for thru, left, and right turns. Within the plat and connecting off-site, SW 340th Street shall be improved to Minor Collector Standard corresponding to a Cross-Section "S." The required street improvements include 36 feet of pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot sidewalks, and three-foot utility strips with streetlights, within a 60-foot wide dedicated right-of- way. Within the plat, 13th Court SW and 12th Place SW shall be improved to Local Street Standard corresponding to a Cross-Section "W." The required street improvements include 28 feet of pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot sidewalks, and three-foot utility strips with streetlights, within a 52-foot wide dedicated right-of- way. Street lighting is required on all streets, pursuant to FWCC Section 22-1522. The Public Works Department and Federal Way Fire Department have approved preliminary roadway improvements and curve radius, as proposed. B. Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental Policy Act (SEP A). The SEP A mitigation conditions require construction of City Transportation Improvement Program (TIP) projects that are impacted by 10 or more PM peak hour trips, or alternatively, the applicant may voluntarily contribute a pro-rata share to the impacted TIP projects. The MDNS specifically identifies that Izth Avenue SW between Campus Drive and it's current terminus at Orchid Lane, will be constructed by the Wynstone development. Required improvements to the project's street frontages are code-based requirements in the FWCC, and are independent of the SEPA mitigation. VIII PUBLIC SERVICES A. Schools - The City received written correspondence from Federal Way Public Schools dated May 21,2003 (Exhibit 12), regarding the proposed Wynstone development. The Federal Way School District reviewed the proposed subdivision and noted that school students in the Wynstone site would attend the following schools under current service areas: Silver Lake Elementary, Saghalie Junior High, and Decatur High. The school district also noted that they could introduce discussion to change the elementary school boundary to Sherwood Forest, as the site is within one mile. Pursuant to the school district correspondence, students from the Wynstone site would walk to Sherwood Forest and Saghalie Junior High. Sidewalks and safe walking areas are provided from Wynstone to both of these schools. High school students would attend Decatur High and appropriate bus stops would be provided. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. EXHIBIT c... 03-IO2630-00-SU I Doc;::9; PAGE 'LOF -----is- Wynstone Preliminary Plat Staff Report to the Hearing Examiner School impact fees, as authorized by City ordinance and collected at the time of building permit issuance. For the year 2004, the school impact fee is $3,269.00 per single-family housing unit. School impact fees are determined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. B. Public Parks - The Wynstone site is adjacent to Saghalie Park and in close proximity to the City's BPA trail. These public parks provide recreational opportunities for residents in the area. Open space requirements are discussed in Section VI of this report. c. Fire Protection - The Certificate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved by the Fire Department. IX UTILITIES A. Sewage Disposal- The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A May 22, 2003, Certificate of Sewer Availability (Exhibit 13) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. B. Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A May 22, 2003, Certificate of Water Availability (Exhibit 14) indicates Lakehaven's capacity to serve the proposed development through a DEA. c. Drainage Facilities - Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The applicant's December 2003, preliminary stormwater Technical Information Report (TIR) (Exhibit 15) by Jaeger Engineering, was reviewed by the City's Public Works Department. The site is divided into two separate drainage basins by a north-south running ridge located approximately 400 feet from the west property boundary. Levell flow control and Resource Stream Water Quality treatment are required for each drainage basin, per the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. Each drainage basin on the site lies within the Panther Lake Drainage Basin. As such, the applicant may provide on-site flow control to the Level I flow control standard, or elect to pay for off-site detention provided in Panther Lake. The cost for utilizing Panther Lake for off-site detention is $1,728.00 per gross acre. The preliminary indication is the applicant will choose to pay for off-site detention in Panther Lake. The applicant has proposed two constructed stormwater wetlands to serve the two separate drainage basins, to provide water quality treatment for the site. As proposed, this design meets the Resource Stream Protection requirement for water quality treatment. It can be expected to remove at least 80 percent total suspended solids, and 50 percent total zinc removal. Wynstone Preliminary Plat Staff Report to the Hearing Examiner EXHIBIT 03-IO2630-00-SU I Doc ID 29393 Page 10 P AGE --'fL 0 F ----'.L The preliminary design proposes to collect and convey stormwater through a series of pipes and catch basins into two water quality treatment facilities, one located at the northeast corner of the site adjacent to SW Campus Drive, and the other located near the southwest corner of the site, adjacent to the proposed extension of SW 340th Street. In order to mitigate potential erosion impacts to downstream drainage systems and Panther Lake, the applicant shall provide on-site Erosion and Sediment Control measures per the requirements of the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. The City may further limit clearing and grading activities during the wet season (October 31 through March 31) per the SEPA mitigation measure. The proposed water quality facilities are adequate to serve the proposed development. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. x ANAL YSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the Comprehensive Plan. Staff Comment: The application is subject to the adopted 2002 Federal Way Comprehensive Plan (FWCP), which designates the property as multiple-family for the northern parcel and single-family high density for the southern parcel. The proposed land uses on the two individual parcels is consistent with the underlying Comprehensive Plan designation. In addition, construction of I Othll2th Avenue SW, a Principle Collector, and construction of SW 340th Street, a Minor Collector, both identified in the Comprehensive Plan are being developed with the proposal. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the Comprehensive Plan. Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. The preliminary plat application is not consistent with the 1990 Concomitant Zoning Agreement applicable to a portion of the site. However, the proposed preliminary plat is consistent with the proposed Concomitant Agreement for the applicable portion of the site. Therefore, the approval of the preliminary plat must be based on concurrent approval of the associated proposed Concomitant Agreement. Wynstone Preliminary Plat Staff Report to the Hearing Examiner EXHIBIT 03-102630-00-SU 10;::;9: PAGE jLOF jL 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with the current Single-Family High Density and Multiple-Family land use classifications of the FWCP and map, provided the preliminary plat is consistent with and approved concurrently with the proposed Concomitant Agreement for the applicable portion of the site. Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire Department. Future development of the plat and associated improvements including street improvements, and other infrastructure improvements in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, and provision for the housing needs of the community. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20- 158 through 187. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning," , and all other applicable local and state development codes and regulations. As proposed, the plat is consistent with the FWCC requirements provided the recommended conditions of approval are adopted. XI FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that 1. The proposed action is to subdivide two vacant parcels totaling approximately 13.49 acres into 45 separate lots. 2. Pursuant to the City's September 17,2003 Notice of Complete Application, the plat is subject to codes and policies in place on September 10, 2003, including the 2002 Federal Way Comprehensive Plan (FWCP). 3. The subject property is designated Multiple-Family for the northern parcel and Single-Family High Density for the southern parcel in the 2002 FWCP. 4. The two parcels comprising the site have different zoning designations. Parcel 192104-9030 is zoned RS-7.2, (minimum lot size 7,200 square feet). Parcel 192104-9030 is zoned RM2400*. The asterisk identifies that the property is subject to a concomitant zoning agreement. Pursuant to FWCC Section 22-666, single-family residential use is permitted in the RM zoning District with a minimum lot size of 5,000 square feet per lot. As recommended with conditional approval, the proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations. Wynstone Preliminary Plat Staff Report to the Hearing Examiner 03-IO2630-00-SU 1 Doc ID 29393 Page 12 5. The applicant has requested to modify certain provisions of the existing 1990 concomitant zoning agreement applicable to parcel 192104-9044. The staff report and recommendation on the CZA amendment is under separate cover to the Hearing Examiner, and the Examiner will review and hold a public hearing on the the CZA amendment request concurrent with the preliminary plat. 6. In respect to site access, roadway connections, and utilities, development of the entire site is integral in meeting applicable City standards. Therefore, since single-family use is not permitted on parcel 192104-9044 under the terms of the existing Concomitant Zoning Agreement, approval of a new Concomitant Agreement is required concurrent with approval of the preliminary plat. If the new Concomitant Agreement is not adopted concurrent with approval of the preliminary plat application, then the preliminary plat application cannot be approved as proposed. 7. An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed action on September 1, 2004. The City received no appeals of the SEP A determination, and the SEPA appeal period expired on September 29,2004. 8. As proposed, each lot contains an adequate size and shape building envelope to contain a future single-family residence for lots 1 - 44. In addition, adequate area is provided for future multi- family development on proposed lot 45. 9. Pursuant to FWCC Section 20-155, the applicant has proposed fee-in-lieu of on-site open space, in addition to proposed buffer open space in Tract C, usable open space in Tracts E and F, and conservation open space in Tract G, to the extent permissible under FWCC Section 20-155. The fee-in-lieu of on-site open space shall be paid at the time of final plat approval. 10. The open space on lot 45 must be provided at the time of the future development on lot 45 and meet the provisions of FWCC Section 22-667 (note 2) regarding size, dimensional requirements, usability, etc., including development of at least 10 percent of the area with children's play equipment. Specifically, the code requirement of at least 400 square feet of open space per dwelling unit on lot 45 must be provided. In addition, the open space on lot 45 must also equal a minimum of 15 percent of the gross area of lot 45 (6,502 square feet of open space on lot 45), regardless of the eventual dwelling unit count of lot 45 (43,348 X 15% = 6,502 square feet). As described above, the open space on lot 45 must meet the more restrictive of the subdivision code requirement of 15 percent gross open space, or the multi-family open space/recreation area requirements of FWCC Section 22-667. Review and approval of the lot 45 open space will occur in conjunction with permitting and development of lot 45. 11. The applicant provided geotechnical engineering analysis and recommendations from Berquist Engineering Services, in correspondence dated December 15, 2003 (Exhibit 6), April 15, 2004 (Exhibit 7), and August 19, 2004 (Exhibit 8). The geotechnical reports provide engineering analysis of cut and fill slopes and recommended setbacks, and classification of the subsurface soils for design of the stormwater management facilities. The applicant shall design and construct the project in accordance with all recommendations from the geotechnical engineer. 12. In a November 23, 2004, letter (Exhibit 10) to the City, the applicant has requested approval to clear and grade approximately half the future lots in conjunction with clearing and grading the site for infrastructure for the site. As described in the letter, the request to clear and grade the Wynstone Preliminary Plat Staff Report to the Hearing Examiner 30-00-SU 1 Doc ID 29393 PAGE--1.3.-0F ~ Page 13 majority of parcel 192104-9044 is due to the site's unique topography, extensive infrastructure and sizable off-site grading easement. In order to align the 10th/lib Corridor with SW Campus Drive and to construct lih Court SW, approximately 35,000 cubic yards of existing material will need to be removed to establish street grades. City staff supports the clearing and grading limits proposed on the preliminary clearing and grading plan by Jaeger Engineering, dated revised I 0/20/04, based on the following factors: existing site topography which averages approximately 13 percent slope across the entire northern parcel, the need for cutting up to 20 feet of ground for roadway construction, and due to the extreme resultant grades of future residential lots if mass grading were not allowed. Without clearing and grading of the northern parcel, the resulting grades on future lots 1-18 would exceed 20 percent slope, and would result in the need for extensive additional grading to create building lots with finish grades conducive to single-family development. By allowing mass grading of the northern parcel, future lots 1-18 have finished grades with an approximately 14 percent slope as depicted on the preliminary grading plan. 13. The preliminary grading plan identifies retaining walls proposed near the rear of lots 5 - 9 and around two sides of the proposed stormwater facility. The wall behind lots 5 - 9 are proposed to be constructed in two terraces, each no more than four feet tall and screened with plantings. The wall around a portion of the stormwater quality facility is proposed to be eight feet at the highest point. To minimize aesthetic impact and be consistent with the residential nature of the proposal, all walls shall include aesthetic treatment. 14. The subject property is wooded with primarily second growth forest. Significant tree retention and/or replacement shall be provided in accordance with FWCC Section 20-179 and 22-1568. Trees that may be left on individual lots following the plat infrastructure construction may be removed during individual home construction and subject to retention and replacement standards of FWCC Section 22-1568. 15. The 3/14/03 Existing Tree Plan, by Jaeger Engineering, identifies a total of 488 significant trees to be removed from the site. As proposed, construction of the plat infrastructure and clearing and grading approximately half the proposed lots, will result in retention of approximately 155 significant trees on the site. Therefore, as proposed, the retention of 155 significant trees results in retention of 43 percent of the regulated trees, which exceeds the minimum retention standard of 25 percent. 16. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval in accordance with FWCC requirements. The landscape improvements shall be completed prior to final plat approval, unless a financial guarantee is approved by the City for completion of the landscape improvements. The final landscape plan shall include, at a minimum, the following elements: A. Arterial buffer landscaping in Tract C per FWCC Section 20-178; B. Street trees in right-of-way landscape planter strips per Public Works Department Standards; c. Landscaping of Tracts D and H with vegetation including trees, shrubs, and groundcover, to provide a visual separation between the public right-of-way and the proposed stormwater facilities. These landscape tracts shall be owned and maintained by the homeowners' Wynstone Preliminary Plat Staff Report to the Hearing Examiner EXHIBIT 03-1O2630-00-SU 1~~~9~~ PAGE~OF ~ association. The landscape tracts shall be developed with Type II[ landscaping. If cyclone fencing is used around the storm drainage ponds, the fencing shall be coated black or green. D. Restoration and landscaping of slopes resulting from clearing, grading, and construction roadways. E. Landscaping adjacent to proposed retaining walls on lots 5 - 9. 17. In order to provide transit facilities for the proposed action, in accordance with RCW 58.17.110, Metro Transit has requested the developer to design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards. Prior to construction, the applicant shall provide the City with approval of the landing design and location from Metro. 18. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary storm drainage TIR by Jaeger Engineering, as revised December 2003, was reviewed and accepted by the City's Public Works Department. Level 1 flow control and Resource Stream Water Quality Protection are required for this site per the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. In lieu of providing on-site flow control, the applicant has chosen to pay the pro-rata share fee of$I,728.00 per gross acre for off-site detention in Panther Lake. In addition, the applicant has proposed two constructed wetlands, to serve the two separate basins on this site, which meet the Resource Stream Protection requirements for water quality treatment. In order to mitigate potential erosion impacts to downstream drainage systems and Panther Lake, the applicant shall provide on-site Erosion and Sediment Control measures per the requirements of the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. The proposed flow control and water quality facilities are adequate to serve the proposed development. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. 19. A March 31, 2004, revised Traffic Impact Analysis (TIA) by Christopher Brown & Associates was submitted for the project. Public access will be provided from entrances to SW 340t\ 12th Avenue SW, and from Campus Drive at loth Avenue SW. The plat also includes construction of a new interior street system that interconnects the three access points. The project will result in approximately 63 new weekday evening peak hour trips. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of the Wynstone subdivision is consistent with the adopted codes and Comprehensive Plan in place at the time of the complete application. Street improvements proposed and required for the proposal are depicted on the 10/20/04 Preliminary Road, Drainage and Utility Plan by Jaeger Engineering, and the 12/ I 0/03 Preliminary Plat Road Profiles Plan by Jaeger Engineering. The street improvements are described in detail in Section VIII of the staff report and are incorporated by reference as set forth in full. All public right-of-ways will be dedicated to the City. Pedestrian Tracts E and F, as Wynstone Preliminary Plat Staff Report to the Hearing Examiner EXHIBIT 03-IO2630-00-SU 1~::~9~ PAGE IS" OF-1..ß- proposed, meet applicable City standards for pedestrian tracts including a 20-foot width with a 12-foot wide paved walkway. 20. New sidewalks and pedestrian facility improvements in conjunction with existing walking areas will provide a safe pedestrian route of travel for school children who walk from Wynstone to Sherwood Forest Elementary School and Saghalie Junior High. School children would be provided bus transportation from Wynstone to Decatur High School. 21. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water' and sewer services from the utility provider. - 22. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning." 23. The proposed subdivision and all attachments have been reviewed for compliance with the FWCP; FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. As proposed, and recommended by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations, provided the proposed accompanying Concomitant Agreement is adopted concurrently. 24. Prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII RECOMMENDA nON Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: 1. Under the terms of the existing Concomitant Zoning Agreement, approval of a new Concomitant Agreement is required concurrent with approval of the preliminary plat on parcel 192104-9044. Therefore, the associated proposed Concomitant Agreement must be adopted concurrent with approval of the preliminary plat. 2. Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised landscape plan that includes the following landscaping to be approved by the City: A. Arterial buffer landscaping in Tract C per FWCC Section 20-178; B. Street trees in right-of-way landscape planter strips per Public Works Department Standards; c. Landscaping of Tracts D and H with vegetation including trees, shrubs, and groundcover, to provide a visual separation between the public right-of-way and the proposed stormwater facilities. These landscape tracts shall be owned and maintained by the homeowners' association. The landscape tracts shall be developed with Type III landscaping. If cyclone fencing is used around the storm drainage ponds, the fencing shall be coated black or green. D. Restoration and landscaping of slopes resulting from clearing, grading, and construction roadways. Wynstone Preliminary Plat Staff Report to the Hearing Examiner 03-IO2630-00-SU 1 Doc 1029393 PAGEilLOF ~- Page 16 E. Significant tree retention and protection in compliance with FWCC standards. F. Landscaping adjacent to proposed retaining walls on lots 5 - 9. 3. Based on the August 19,2004 recommendations from Berquist Engineering Services, the final plat map shall note that all building foundations shall be setback from retaining walls a distance equal to the height of the wall. Based on December 15,2003 recommendations in the Berquist report, and April 15,2004 amendment, buildings on lots 19,20, and 45 shall be setback a minimum of 10 feet from the top of the slope that exceeds 10 feet vertical height. Design and construction of the project shall comply with all requirements and recommendations of the Berquist Engineering analysis and reports dated December 15, 2003 and April 15, 2004. 4. Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards for the site frontage along SW Campus Drive. Prior to construction, the applicant shall provide approval of the landing design and location from Metro. 5. The final plat map shall include a note to the following effect: Due to the proposed multi-family development on Lot 45, open space on lot 45 was not provided with the subdivision. Open space on lot 45 must meet the greater requirement of the Federal Way Subdivision code requirement of 15 percent gross open space, or the multi-family open space/recreation area requirements of FWCC Section 22-667. Review and approval of the lot 45 open space will occur in conjunction with permitting and development on lot 45. Open space on lot 45 shall be provided on-site and in accordance with provisions of FWCC Section 22-667, note 2. 6. If included in the final engineering design, retaining walls and rockeries designs shall be harmonious with the residential use of the site and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment to be designed by the applicant and approved by the Community Development Services Department. XIII LIST OF EXHIBITS 1. Wynstone preliminary plat map, revised May 10, 2004 (sheet I of 1); along with the Wynstone Preliminary Roads, Drainage and Utilities Plan (sheet 1 of I), revised October 20,2004; Wynstone Preliminary Grading Plan dated revised October 20, 2004; Wynstone Preliminary Grading Plan Cross Sections dated November 20, 2004; Wynstone Preliminary Plat Road Profiles sheets 1-3 dated revised December 10,2003; Wynstone Existing Tree Plan by Jaeger Engineering dated March 14,2003 sheet 1 of I; and Wynstone Preliminary Landscape Plan by Eagle Design dated April 23, 2003 2. Master Land Use application for Wynstone Preliminary Plat application 3. SEPA MDNS, September 1,2004 4. SEPA Checklist for Wynstone, dated revised August 20, 2004 5. Metro Transit comment letter, September 14,2004 6. Geotechnical Exploration Evaluation by Berquist Engineering Services, December 15, 2003 7. Berquist Engineering Services letter, April 15, 2004 8. Berquist Engineering Services letter, August 19,2004 9. Wetland Assessment by Habitat Technologies, April 8, 2003 10. Clearing and Grading Request from Brad Plemmons, November 23, 2004 11. Traffic Impact Analysis, revised March 31, 2004, by Christopher Brown & Assoc. Wynstone Preliminary Plat Staff Report to the Hearing Examiner 2630-00-SU 1 Doc ID 29393 PAGE-!:LOF -1-1- Page 17 12. Federal Way Public Schools comment letter, May21, 2003 13. Certificate of Sewer Availability by Lakehaven Utility District, May 22, 2003 14. Certificate of Water Availability by Lakehaven Utility District, May 22, 2003 15. Preliminary Storm Water Technical Information Report (TIR), by Jaeger Engineering, November 2003 Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMIITED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant Applicant Agent - Jaeger Engineering Wynstone Preliminary Plat Staff Report to the Hearing Examiner 02630-00-SU / Do<: IV 29393 PAGEjp¿OF ---L8- Page 18 ..A CITY OF .' . . . Federal Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER CONCOMITANT AGREEMENT FOR PARCEL 5b 1000 Block of SW Campus Drive' Federal Way File No. 03-102632-00-UP PUBLIC HEARING - December 14,2004 FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33325 8th A VENUE SOUTH Table of Contents I. II. III. IV. V. VI VII. General Information...............................................""""""""""""""""""""""""""'".......2 Consulted Departments, Agencies, and Public ....................................................................5 State Environmental Policy Act ........... ...... ............. """"'" """"'" """""'" .... """"" .... ... .....6 Analysis of Decisional Criteria .......... ............ ..... ....... """""" """" .... ""'" """""""""""" ...6 Findings of Fact and Conclusion """""""""""""""""""""""""""""""""""...................8 Recommendation """"""""""""""""""""""""""'"........................................................1 0 List of Exhibits.................. ....... ........ ........... """'" ...... """"""" "'" ......., """" """"" ......... ..10 . Report Prepared by: \\ W Jim Harris, Senior Planner V December 7, 2004 EXHIBIT tj PAGE-L-OF --1lL File No: 03-102632-00-UP Applicant: Brad Plemmons Brad Plemmons Enterprises 101 T Street SE Auburn, W A 98002 Phone: 206-293-1434 Owner: Werner Paulus and Polygon Shelter Inc Action Requested: The applicant has requested modification of a February 27, 1990, concomitant zoning agreement (CZA) as amended by City Council resolution 93-128 and resolution 93-144. The CZA as amended pertains to a five-acre parcel located at approximately the 1000 block of SW Campus Drive. Pursuant to Section 8 of the 1990 agreement, amendment of the existing agreement shaH be processed in the same manner as a rezone of property. Staff Representative: Jim Harris, Senior Planner, 253-835-2641 Staff Recommendation: Adoption of the proposed new Concomitant Agreement, superseding the 1990 Concomitant Zoning Agreement as amended. (Refer to Section VI) I GENERAL INFORMATION A. Description of the Proposal - The applicant has requested to amend the existing 1990 Concomitant Zoning Agreement (CZA) relating to certain property known as Campus Crest (Parcel 5B) (Exhibit A Master Land Use Application) (Exhibit B Applicant's request, August 27,2003). The applicant is the contract purchaser of the subject property as identified in the Notice of Interest in Property, June 18, 2003 (Exhibit C). The requested CZA amendment would allow the subject property to be developed with both single-family and multi-family development, whereas under the 1990 CZA only multi-family use is permissible. In addition, the applicant has requested to modify terms of the agreement in regard to the following subjects: status of building permit application; landscape standards abutting single-family zoning; building setbacks along Campus Drive; required improvements to Campus Drive; building height; maximum density of 347 units; phased construction; housing type; and 10th Avenue corridor dedication and construction. Pursuant to Section 8 of the 1990 CZA, amendments of the agreement shaH be considered and heard, "by filing an application therefore, which shall be considered and heard in the same manner as a rezone of property." Therefore, this application is being reviewed via a Process V, Project Rezone (FWCC Section 22-477 et al), and will be heard concurrently with a preliminary plat application for the property. In order to simplify and consolidate the agreement applicable to the subject property, a new Concomitant Agreement (Exhibit D) superseding the 1990 Agreement and subsequent amending Staff Report to the Hearing Examiner Wynstone Concomitant Zoning Agreement Amendment Page 2 ~m ätf:::.IL PAGE ~ OF.-1L resolutions has been prepared rather than amending the 1990 Concomitant Zoning Agreement as amended. The subject property is comprised of approximately five acres and is currently zoned RM 2400*. RM-2400 is a multi-family zoning with a minimum of 2,400 square feet of lot area per dwelling unit for multi-family use. The asterisk (*) denotes that the property is subject to a concomitant zoning agreement. The subject parcel known as Campus Crest or Parcel 5B comprises only a portion of the proposed Wynstone preliminary plat, which is being reviewed concurrently by the Hearing Examiner under File No. 03-102630-00-SU. The proposed action is depicted in the following documents: Wynstone preliminary plat map, revised May 10,2004 (sheet 1 of 1); along with the Wynstone Preliminary Roads, Drainage and Utilities Plan (sheet 1 of I), revised October 20,2004; Wynstone Preliminary Grading Plan dated revised October 20,2004; Wynstone Preliminary Grading Plan Cross Sections, November 20,2004; Wynstone Preliminary Plat Road Profiles sheets 1-3 dated revised December 10,2003; Wynstone Existing Tree Plan by Jaeger Engineering, March 14, 2003 sheet 1 of 1; and Wynstone preliminary landscape plan by Eagle Design, April 23, 2003. B. Location - The site is located along the south and west side of SW Campus Drive at the intersection of 10th Avenue SW. c. Parcel No. - 192104-9044. D. Size of Property - The subject site has a land area of approximately 218,235 square feet (5.01 acres). E. Land Use and Zoning - Direction Zoning Comprehensive Plan Existing Land Use Site RM-2400*1 Multi-Family Vacant North RM-2400 Multiple-Family Multi-family RM-3600 South RS- 7.2 SF - High Density SFR2 East RM-3600* Multiple-Family Vacant Pending Single-family pre plat West RM-2400 Multiple-Family Saghalie Park, Saghalie Middle RS- 7.2 School, SFR F. Background - The CZA amendment request and associated preliminary plat of Wynstone were filed with the City on June 26,2003. The application was determined complete on September 10,2003. The Wynstone preliminary plat site is comprised of two separate parcels. One of the parcels that make-up the Wynstone site is subject to a 1990 Concomitant Zoning Agreement as amended. The Wynstone preliminary plat application includes a request to amend the Concomitant Zoning Agreement that applies to one of the Wynstone parcels. IRM-2400 = multi-family residential, 2,400 SF minimum lot size. 2SFR = single-family residential. Staff Report to the Hearing Examiner Wynstone Concomitant Zoning Agreement Amendment Page 3 EX HI B IT Q3-1O2fJOO-UP/Do<: IV 29787 PAGE 3 OF-1£L At the time of incorporation of the City of Federal Way in February 1990, an application by Polygon to develop parcel 5 of the Campus Crest Property was under review by King County. On February 27, 1990, a concomitant agreement between the City of Federal.Way and Polygon (Exhibit E) was entered into relating to the zoning of a parcel of property commonly known as the Campus Crest Property (Parcel 5). Polygon and the City entered into the 1990 agreement for the purpose of resolving any potential disagreements with respect to vesting rights and the applicability of King County or City of Federal Way regulations as a result of incorporation. The 1990 CZA set development standards for development of the site with up to 347 dwelling units. In summary, the 1990 CZA addresses the following items: status of a 1989 building permit application at King County; landscape standards abutting single-family zoning; building setbacks along Campus Drive;required improvements to Campus Drive; building height; maximum density of347 units; phased construction; housing type; and loth Avenue corridor dedication. The 1990 agreement was amended in 1993 via Resolution 93-128 (Exhibit F). The effect of Resolution 93-128 was to eliminate a portion of the overall site (ParceI5A) from the terms of the 1990 CZA with the effect that the zoning for Parcel5A shall be RM 2400, with no modification to development conditions pursuant to the concomitant agreement. Parcel 5A is property comprised of approximately 16 acres that the City and Federal Way School District purchased from Polygon for the development and construction of Saghalie Park and Saghalie Junior High School. The 1990 agreement was amended a second time in 1993 via Resolution 93-144 (Exhibit G). The effect of Resolution 93-144 was to modify terms of the 1990 agreement in regard to landscape buffering adjacent to single-family zoning, and clarify provisions regarding timing and funding for the construction of 10th Avenue SW. The applicant's submitted an August 27,2003 written request, to amend the 1990 Concomitant Agreement as amended (Exhibit B). The current proposal for Parcel 58 includes development of the site with both single-family residences and multi-family development. Most of the terms of the 1990 CZA are inapplicable to the current proposal in respect to the proposed single-family and multi-family development. In order to simplify and consolidate the agreement applicable to the subject property, a new Concomitant Agreement superseding the 1990 Agreement (as amended) has been prepared rather than amending the 1990 Concomitant Zoning Agreement as amended. Table 1 (Exhibit H) summarizes the provisions of the following: terms ofthe 1990 CZA; terms of Resolution 93-128; terms of Resolution 93-144; terms of the applicant's request for amendment of the CZA; and the City staff recommendation regarding the proposed new Concomitant Agreement. The proposed Concomitant Agreement will supersede the 1990 Agreement as amended and will result in the following actions summarized below and as described in detail in the proposed Concomitant Agreement: . Elimination of reference to the 1989 building permit application filed with King County. . Reduction of the required 60-foot landscape buffer and solid board fence, to a 20-foot wide buffer for the future multi-family site (lot 45), consistent with FWCC requirements. Staff Report to the Hearing Examiner Wynstone Concomitant Zoning Agreement Amendment Page 4 EXHIBIT j) 03-102632-00-UP/Do<:IV29787 PAGE~OF -IlL . Retain the minimum 60-foot building setback along Campus Drive. . Retain the 30-foot maximum building height requirement; however, this item will be eliminated from the proposed agreement as it repeats the 30-foot height regulation in FWCc. . Replace the maximum density of347 units on the previous 2 I-acre site (which equals I unit per 2,636 square feet of lot area), with a maximum of 16 units on proposed lot 45 (which equals I unit per 2,636 square feet of lot area). . Eliminate the 1990 provision requiring phased construction of no more than 100 units per year. . Eliminate the 1990 provision requiring 1/3 of the site to be townhome units. . Clarify dedication, funding, and construction standards for 10th/12th Avenue SW on the site. . Eliminate the provision allowing only multi-family housing and allow a mixture of single- family and multi-family use on the site. The proposed Concomitant Agreement under consideration constitutes an agreement that modifies the permitted use on the property and sets development standards relating to project mitigation, design standards, and development standards. As previously identified, the agreement is being presented to the Hearing Examiner through the rezone process as required by the 1990 CZA. Ultimately, the development standards contained within the agreement shall be consistent with the standards for the Wynstone preliminary plat. The agreement and the preliminary plat are mutually inclusive, in that as proposed, they must both be reviewed and approved or denied concurrently. II CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners within 300 feet of the site were mailed notices of the complete preliminary plat application and concomitant zoning agreement amendment request on September 17,2003. The City also conducted other public notice on September 17,2003, in accordance with City code requirements. c. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. Staff Report to the Hearing Examiner Wynstone Concomitant Zoning Agreement Amendment Page 5 EXHIBIT 0 03-1O2632-00-UP/Do<: IV 29787 PAGE S-- OF----'L III STATE ENVIRONMENTAL POLICY ACT A. The City of Federal Way issued a Mitigated Environmental Determination of Nonsignificance (MDNS) for the proposed action on September 1,2004. This determination was based on review of information on file, including the environmental checklist, and staff evaluation of the environmental checklist for Wynstone, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MDNS. B. The City received one comment letter on the proposed action from King County Metro during the 14-day SEP A comment period. c. No appeals of the environmental determination were submitted to the City. IV ANALYSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Although the proposal is not a rezone, Section 8 of the 1990 CZA states: "the agreement may be amended by the owners by filing an application therefore, which shall be considered and heard in the same manner as a rezone of property." Therefore, pursuant to FWCC Chapter 22, "Zoning," Section 22-488, the Hearing Examiner shall use the following criteria for the requested CZA amendments: (1) The City may approve an application for a quasi-judicial nonproject rezone only if it finds that: a. The proposed r~zone is in the best interest of the residents of the City; and Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning Agreement. The site will be developed in accordance with all applicable City codes and policies. Development of the site in accordance with the proposed agreement and proposed preliminary plat, which provides a range of housing opportunities, is in the best interest of residents of the City. The proposed new Concomitant Agreement and associated preliminary plat will provide new housing opportunities for the public, assist in meeting the City's responsibilities under the state Growth Management Act related to housing targets, and will extend, interconnect, and provide infrastructure to support the proposed development in accordance with the City code and Comprehensive Plan. b. The proposed rezone is appropriate because either: 1. Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or The rezone will correct a zone classification or zone boundary that was inappropriate when established; 2. Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning Agreement. The site conditions in the vicinity have changed since adoption of the original CZA in 1990. Specifically, the adjacent site has been developed with a public park and . public middle school on 16 acres of land. The school and park construction have resulted in roadway construction (SW 340th Street) that terminates at the west side of the Wynstone Staff Report to the Hearing Examiner D Page 6 Wynstone Concomitant Zoning Agreement Amendment EXH I B IT . 03-1 02632-00-UP/Do<: IV 29787 P AGE -"'--OF ---UL site. In addition, the adjacent Orchid Lane plat has extended 10th Avenue SW to the boundary of the Wynstone plat. In addition, the building permit application for the multi- family/townhome project identified and referenced in the 1990 CZA agreement has expired. Since parcel 5 has been reduced in size from the original 2 I-acre parcel to its current five acres, development of the site in isolation under the existing CZA is impractical and may be unworkable. The applicant has assembled parcel 5B in conjunction with the adjacent eight-acre parcel in order to develop a consolidated residential project that includes both multi-family and single-family housing consistent with the underlying zoning. c. It is consistent with the Comprehensive Plan; Staff Comment: The subject property is designated multiple-family in the 2002 Comprehensive Plan. The new Concomitant Agreement will result in both single-family and multi-family development on the site. Both single-family and multi-family housing are permitted in the multiple-family land use designation. In addition, the proposal would result in construction of a segment of the 10th/l2'h Avenue SW corridor through the site, which is identified in the 2002 Comprehensive Plan. The proposal would also result in construction of an east-west street connection (SW 340th Street), west of the I Oth/l2'h corridor as depicted in the 2002 Comprehensive Plan. d. It is consistent with all applicable provisions of the chapter, including those adopted by reference from the Comprehensive Plan; and Staff Comment: The proposed preliminary plat associated with the new Concomitant Agreement is being reviewed for compliance with all applicable City code requirements. The City's Community Development Review Committee has reviewed the proposal in relation to zoning code requirements and regulations. As proposed and recommended by City staff the proposed new Concomitant Agreement and associated preliminary plat will comply with all applicable codes and regulations. e. It is consistent with the public health, safety, and welfare. Staff Comment: The proposal is consistent with the public health, safety, and welfare, as it provides for a range of housing opportunities. In addition, the associated preliminary plat includes construction of infrastructure necessary to serve the future residents. The preliminary plat also provides for protection of wetlands and wetland buffers, open space, and fee-in-lieu of open space as allowed by FWCC. (2) The City may approve an application for a quasi-judicial project related rezone only if it finds that: a. The criteria in subsection (c)(I) of this section are met; and b. The proposed project complies with this chapter in all respects; and Staff Comment: The proposed preliminary plat associated with the new Concomitant . Agreement as recommended by City staff is being reviewed for compliance with all applicable City Code requirements. The City's Community Development Review Staff Report to the Hearing Examiner Wynstone Concomitant Zoning Agreement Amendment Page 7 EXHIBIT 0 03-1O2632-OO-UP/Do<:IV29787 PAGE-10F -1!L Committee has reviewed the proposal in relation to zoning code and subdivision code requirements and regulations. As proposed and recommended by City staff the proposed new Concomitant Agreement and associated preliminary plat will comply with all applicable codes and regulations. c. The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the vicinity of the subject property, and Staff Comment: The proposed site plan minimizes adverse impacts on developed properties in the area. Specifically, the proposed multi-family parcel (lot 45) is adjacent to the existing Saghalie Park and is not adjacent to any existing single-family uses. Also, design of the project includes construction of new roadway connections (10th /1 ih Avenue S Wand S W 340th Street) through the site, which are identified in the City's 2002 Comprehensive Plan and discussed in the 1990 CZA as amended. The SEP A MDNS issued on September 1, 2004, includes mitigation measures for the traffic, erosion, and neighborhood traffic impacts. d. The site plan is designed to minimize impacts upon the public services and utilities; and Staff Comment: The proposed Concomitant Agreement as recommended by staff allows for two different housing types rather than the current CZA which allows only multi-family housing. The proposed Concomitant Agreement results in a reduction in density on the site from 82 potential units to a maximum of 30 proposed units on the applicable portion of the Wynstone site, and the proposal will result in less impact on public services and utilities than would result under the existing CZA provisions and density allowance. The proposal also includes construction of utility and roadway improvements commensurate with the proposal and these improvements will mitigate impacts to public services and utilities. e. The rezone has merit and value for the community as a whole. Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning Agreement. The new Concomitant Agreement, if approved, will result in development of both single-family and multi-family housing in accordance with applicable City standards, rather than just multi-family housing as currently permitted in the 1990 CZA as amended. The proposed project will provide two different housing types for the public. In addition, the proposal will include construction of required utility and roadway improvements. By providing new development in accordance with FWCC standards including compliance with open space provisions, payment of school impact mitigation and traffic mitigation fees, providing two housing types, and construction of utilities and roadway improvements, the proposal has merit and value to the community as a whole. v FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The application is for revision to Concomitant Agreement between the City of Federal Way and Polygon, for a 5.0 I-acre parcel of property known as the Campus Crest property, Parcel5B, located along the south and west side ofSW Campus Drive at the 1000 Block. . Page 8 EXHIBIT ~2632-00-UP/Do<:ID29787 PAGE~OF -11.-- Staff Report to the Hearing Examiner Wynstone Concomitant Zoning Agreement Amendment 2. The site is zoned RM 2400*. Both multi-family and single-family uses are permitted in the RM 2400 zone. 3. The 1990 Concomitant Agreement as amended allows only multi-family housing on the site and the agreement also contains development standards for the site pertaining to the following: status of a 1989 building permit application at King County; landscape standards abutting single-family zoning; building setbacks along Campus Drive; required improvements to Campus Drive; building height; maximum density of 347 units; phased construction; housing type; and 10th Avenue corridor dedication. 4. The 1990 CZA was amended twice in 1993 by City Council Resolution. The effect of Resolution 93-128 was to eliminate Parcel 5A from the terms of the 1990 CZA with the effect that the zoning for Parcel 5A shall be RM 2400. Parcel 5A is property comprised of approximately 16 acres that the City and Federal Way School District purchased from Polygon for the development and construction of Saghalie Park and Saghalie Junior High School. The 1990 agreement was amended a second time in 1993 via Resolution 93-144. The effect of Resolution 93-144 was to modify terms of the 1990 agreement in regard to landscape buffering adjacent to single-family zoning, and clarify provisions regarding timing and funding for the construction of loth Avenue SW. 5. Pursuant to Section 8 of the 1990 CZA, the agreement may be amended by the owners by filing an application therefore, which shall be considered and heard in the same manner as a rezone of property. 6. Since parcel 5 has been reduced in size from the original 21-acre parcel to it's current five acres, development of the site in isolation under the existing CZA is impractical and may be unworkable. 7. The applicant has assembled parcel 5B in conjunction with the adjacent eight-acre parcel in order to develop a consolidated 13-acre residential project that includes both multi-family and single-family housing consistent with the underlying zoning. 8. The current preliminary plat application for Parcel 5B includes development of the site with both single-family residences and multi-family development. Most of the terms of the 1990 CZA are inapplicable to the current proposal in respect to proposed single-family and multi-family development. In order to simplify and consolidate the agreement applicable to the subject property, a new Concomitant Agreement superseding the 1990 Agreement (as amended) has been prepared rather than amending the 1990 Concomitant Zoning Agreement as amended. 9. The proposed Concomitant Agreement is being reviewed concurrently with a preliminary plat application, which includes the subject property and an abutting parcel. 10. If approved, the proposal will result in a new agreement that allows single-family and multi- family use of the property. In addition, the new agreement modifies and memorializes terms of the agreement in regard to the following subjects: status of building permit application; landscape standards abutting single-family zoning; building setbacks along Campus Drive; required improvements to Campus Drive; building height; maximum density of347 units; phased construction; housing type; and 10th Avenue corridor dedication and construction, as fully described in the new Concomitant Agreement. Staff Report to the Hearing Examiner n M "' Page 9 Wynstone Concomitant Zoning Agreement Amendment EXH I B IT ~2632-00-UP/Do<: IV 29787 '1-0F II) PAGE 11. The development standards of the proposed Wynstone preliminary plat shall be consistent with the standards contained in the agreement. The agreement and the preliminary plat are mutually inclusive, in that as proposed, they must both be reviewed and approved or denied concurrently. 12. An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed action on September 1,2004. The City received no appeals of the SEPA determination and the SEPA appeal period expired on September 29,2004. 13. The proposal has been reviewed for compliance with Federal Way City Code and the Federal Way Comprehensive Plan. The proposal meets the decisional criteria for the rezone process in FWCC Section 22-488 as discussed in Section IV above. VI RECOMMENDA TION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the new Concomitant Agreement, subject to approval of the preliminary plat ofWynstone. VII LIST OF EXHIBITS A. B. C. D. E. F. G. H. Master Land Use Application Letter from Brad Plemmons, August 27,2003 Notice of Interest in Property, June 18, 2003 Draft Concomitant Agreement 1990 Concomitant Agreement Resolution 93-128, with Hearing Examiner's Recommendation Resolution 93-144, with Hearing Examiner's Recommendation and Staff Report Table I, Summary of Agreement History Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMIITED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant Agent - Jaeger Engineering Applicant Staff Report to the Hearing Examiner Wynstone Concomitant Zoning Agreement Amendment HI IT 1\ Page 10 EX B ---'L.-.<lJ.;J 02632-00-UP/Do<: IV 29787 PAGE---1tLOF ~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE WYNSTONE PRELIMINARY PLAT AND CONCOMITANT ZONING AGREEMENT FOR PARCEL 5b, FEDERAL WAY FILE NO's. 03-102630-00-SU and 03-102632'{)O-UP. WHEREAS, the developer, Brad Plemmons Enterprises, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Wynstone and consisting of 13.49 acres into 44 single-family lots and one multi-family lot located generally south of SW Campus Drive at the intersection of 10th Avenue SW; and WHEREAS, the developer, Brad Plemmons Enterprises, applied to the City of Federal Way to modify the terms and conditions of a 1990 Concomitant Zoning Agreement (as amended by Resolutions) applicable to five acres of the Wynstone site, to allow the subject property to be developed with both single-family and multi-family development and clarify the status of the building permit application, landscape standards abutting single-family zoning, building setbacks along Campus Drive, required improvements to Campus Drive, building height, maximum density of 347 units, phased construction, housing type, and 10th Avenue corridor dedication; and WHEREAS, on September 1,2004, an Environmental Mitigated Determination of Non significance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Hearing Examiner, on December 14, 2004, held a public hearing concerning the Wynstone preliminary plat and concomitant zoning agreement; and WHEREAS, following the conclusion of said hearing, on December 29,2004, the Federal Way Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending EXHIBIT ~ PAGE---LOF Í- Res. # , Page I approval of the preliminary plat of the Wynstone preliminary plat subject to conditions set forth therein; and WHEREAS, following the conclusion of said hearing, on December 29,2004, the Federal Way Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending approval of the Wynstone concomitant zoning agreement; and WHEREAS, the Federal Way City Council has jurisdiction and authoritypursuantto Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 8 of the 1990 Concomitant Zoning Agreement and Section 22-488 et al of the Federal Way City Code to approve, deny, or modify a concomitant zoning agreement pursuant to the rezone procedure; and WHEREAS, on January 10,2005, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Wynstone preliminary plat and concomitant zoning agreement, pursuant to Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Wynstone preliminary plat and concomitant zoning agreement to the full City Council, with no changes to the Hearing Examiner recommendations; and WHEREAS, on January 18, 2005, the City Council considered the record and the Hearing Examiner recommendations on the Wynstone preliminary plat and concomitant zoning agreement, pursuant to Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's December 29, 2004, Wynstone Preliminary Plat Report and Recommendation, and the findings of fact and conclusions of the Hearing Examiner's December 29, 2004, Wynstone Concomitant Zoning Agreement Report and Recommendation, attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted Res. # , Page 2 EXHIBIT (' PAGE 2 OF S'" as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Reports and Hearing Examiner's recommendations, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and school grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval and concomitant zoning agreement granted herein. Section 2. Preliminary Plat Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Wynstone preliminary plat, Federal Way File No. 03-102630-00 SU, is hereby approved, subject to conditions as contained in the December 29, 2004 Report and Recommendation of the Federal Way Hearing Examiner (Exhibit A). Section 3. Concomitant Agreement Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Wynstone Concomitant Agreement for parcel 5B, Federal Way File No. 03-102632-00 UP, is hereby approved, as contained in the December 29,2004 Report and Recommendation of the Federal Way Hearing Examiner (Exhibit B). Section 4. Conditions of Approval Integral. The conditions of approval of the preliminary plat and concomitant zoning agreement 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 ~f the conditions invalid, then, in said event, the Res. # , Page 3 EXHIBIT E PAGE---3-0F S proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Seçtion 6. Effective Date. This resolution shall be effective immediately upon completed execution of the Wynstone Concomitant Agreement. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS - DAY OF ,2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN A TrEST: CITY CLERK, N. CHRISTINE GREEN, CMC , Page 4 EXHIBIT € PAGE~OF S- Res. # ApPROVED As To FORM: CITY AITORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No. Res. # , Page 5 EXHIBIT E PAGE S' OF Í- CONCOMITANT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND POLYGON FOR DEVELOPMENT OF WYNSTONE PROPERTY (PARCEL 5B) JANUARY _,2005 The City of Federal Way ("City") and Polygon 2000, Inc., ("Owner"), a Washington corporation, collectively referred to herein as "the Parties", enter into the following concomitant agreement ("Agreement") replacing an earlier concomitant agreement, changing the allowed use under that earlier agreement, and defining the necessary right-of-way improvements associated with the development of a parcel of property, specifically described below in Section 2 ("Parcel SB"). WHEREAS, the City of Federal Way, Washington, a non-charter optional municipal code city incorporated under the laws of Washington, has authority to enact laws and enter into agreements to promote the public health, safety, and general welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WHEREAS, a concomitant agreement was entered into between the City and Polygon in February 1990 regarding the zoning of Campus Crest Property Parcel 5, which included the Property subject to this Agreement; and WHEREAS, an amendment to the 1990 concomitant agreement via Resolution 93-128 split the Campus Crest Property Parcel 5 into two parcels referred to as Parcel 5A and 5B and removed parcel SA from the terms of the 1990 concomitant agreement; and WHEREAS, an additional amendment to the 1990 concomitant agreement via Resolution 93-144 altered the original conditions applicable to Parcel SB; and WHEREAS, various terms of the 1990 concomitant agreement as amended are no longer applicable to the proposed use and development ofParcelSB; and WHEREAS, the developer working with Polygon desires to develop Parcel SB in a manner different than what is allowed in the 1990 concomitant agreement as amended and has initiated a discussion with the City with respect to amending the 1990 concomitant agreement; and WHEREAS, both Parties agree that a new Agreement is appropriate; and WHEREAS, the City wishes to preserve its rights under the 1990 concomitant agreement as amended, including development being restricted to residential use, predetermined setbacks, maximum density requirements, and right-of-way improvements; and WHEREAS, both Parties seek clarification regarding the construction of the loth A venue SW extension and SW Campus Drive improvements; and Concomitant Agreement Wynstone Property (Parcel 5b) EX-HIBfT J O~-I 02630 / Do<:. !.D. 29918 PAGE -L-OF -'-L Page I NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, it is hereby covenanted and agreed by and between the Parties hereto as follows: 1. Description of Agreement. This Agreement is a concomitant agreement that allows for a change in the allowed use of certain property subject to a previous concomitant agreement, as well as, development standards and conditions governing the use of the property. The Agreement provides the developer with certainty regarding the local regulations and mitigation requirements that will govern development for a specified project. The concomitant agreement is . a condition to and limitation upon the change of use of the property, if adopted by the City - Council. That is, if the allowed use is changed subject to concomitant agreement, its use and development is restricted both by the regulations applicable to the underlying zoning classification and the provisions of the concomitant agreement, and where development standards in the agreement are more restrictive, they govern property development. The development of the property is conditioned and limited by the concomitant agreement. This Agreement supercedes the 1990 concomitant agreement as amended by Resolutions 93-128 and 93-144 as it applied to Parcel5B. 2. Location. Polygon is the owner of certain real property, King County tax parcel number 192104-9044, situated in Federal Way, Washington, located along the southwest side of Campus Drive at the intersection of 10th Avenue SW ("ParceI5B"). Parcel5B is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. 3. Project Description. The Project consists of development of 44 single family lots and one acre of multi-family units as depicted on the Development Plan, attached hereto as Exhibit B (the "Plan" or "Development Plan"). The Plan encompasses a larger area of real property than is covered by this Agreement. It is the intention of the Parties that the terms of this Agreementdo not apply to the entire area of real property encompassed by the Plan, but only to Parcel 5B as described above in Section 2. 4. Concomitant Agreement. If the allowed use ofParcel5B is changed from exclusive multi-family to both single-family and multi-family by the Federal Way City Council, Owner and the City agree that Parcel 5B may be developed only in accordance with the standards and mitigation set forth in the Agreement. Parcel 5B shall be developed as described in the Agreement, and as depicted in the Development Plan. The allowable use of the property shall be limited to that described in the Agreement. All development standards, including mitigation, identified in the Agreement shall apply to property development. No development on Parcel 5B shall be inconsistent with the Agreement or City Code. Parcel 5B is subject to the Agreement, and shall be developed only in accordance with the development standards identified within the Agreement, including the Development Plan, unless and until the Agreement is amended or rescinded, as authorized by the City. 5. Development of Property. 5.1 Permitted Uses. Owner covenants and agrees that it will limit any use ofParcel5B to single-family and multi-family residences, as depicted in the Development Plan, attached as Exhibit B. ~ 9J-102630 I Doc. I.D. 29918 PAGE :J OF -11.- Page 2 Concomitant Agreement Wynstone Property (Parcel 5b) 5.2 Relationship Between City Development Regulations and Development Standards Identified in Agreement. Development Regulations include all provisions of the Federal Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The Agreement establishes site-specific development standards, including mitigation. Property development shall be consistent with both development regulations and the development standards identified in the Agreement. Where the development standards in the Agreement are more restrictive, they shall govern development of Parcel 5B, as specified herein. . 6. Development Standards, Including Mitigation. The Project shall be consistent with all specified development standards. Owner shall construct, install or implement, as part of Project construction, all mitigation required by the Agreement. 6.1 Project Design and Site Configuration. 6.1.1 Permitted Development. Owner agrees that development shall be of residences only. Both single-family and multi-family development will be permitted, but no other development will be allowed without an amendment to this Agreement. 6.1.2 Building Setback. All site improvements, except utilities, right-of-way improvements, and entry signage, shall be setback from SW Campus Drive a minimum of 60 feet as depicted in the Development Plan, attached as Exhibit B. 6.1.3 Maximum Density. The maximum density for the one acre multi-family portion of Parcel 5B, as designated in the Development Plan, shall be 16-units. 6.2 Right-of-way Improvements. Owner shall perform, as part of Project construction and prior to issuance of final plat approval unless otherwise noted, the following right-of- way improvements described in the attached Exhibit C as required and approved by the Director of Public Warks. 6.2.1 5B: loth Avenue SW. That portion of loth Avenue SW located within Parcel a. Dedicate the full 70 feet Right-of-Way to the City. Right-of-Way dedication to be via Statutory Warranty Deed. Additional right-of-way, dedicated by the City Parks Department and additional slope easement, will be necessary to complete the full-width dedication to SW Campus Drive. b. Clear and grade the entire 70 feet right-of-way limits, required for the full street improvements, including clearing and grading outside the right-of-way, sufficient to provide a 2: 1 slope, and as identified and allowed by the geo- technical report, from the westerly right-of-way to top of slope. c. Stabilize and control erosion of the graded area, outside the westerly edge of the hard-surface street improvements. Concomitant Agreement Wynstone Property (Parcel 5b) ~F 03-102630 / Doc. I.D. 29918 PAGE 3 OF -U-- Page3 d. Grant a slope easement to the City, where needed, for the graded area that falls outside the westerly right-of-way limit. e. Provide street improvements for the east half of the right-of-way, as measured from the centerline: 18-foot paved roadway (centerline to face of curb), curb and gutter, six-foot planter strip with street trees and street lights, eight-foot sidewalk, and three-foot utility strip. f. Provide street improvements for the west half of the right-of-way, as measured from the centerline: six-feet of paved roadway, plus thickened-edge, and provisions for drainage. The crown of the roadway pavement shall be located at the right-of-way centerline, in anticipation of the future 36-foot pavement section. g. Construct asphalt roadway taper, at a 25: 1 ratio, where the roadway section transitions from the 36-foot roadway section within Tax Lot 30, to the 24-foot roadway section within Tax Lot 44 (Parcel 5B). 6.2.2 SW Campus Drive. SW Campus Drive, southeast of 10th Avenue SW, along Parcel 5B frontage: a. Dedicate seven feet of Right -of- Way to the City. Right -of- Way dedication to be via Statutory Warranty Deed. b. Provide additional asphalt paving to create a twelve-foot wide left-turn pocket to access 10th Avenue SW from SW Campus Drive per City Standard Roadway Section 'E', with concrete curb and gutter, six-foot planter strip with street trees and street lights, eight-foot sidewalk, and three-foot utility strip. c. Provide sufficient new roadway taper east from the widened paved edge at the easterly property boundary. 6.2.3 Intersection of loth Avenue SW and SW Campus Drive: a. Extend existing curb, gutter, planter strip, and sidewalk around the radius to the southwest, terminating at the end of the curb return at the NW quadrant of intersection. This section of the new loth Avenue SW roadway, including pavement width, shall be constructed to the City's Type 'M' street section. b. Construct asphalt paved taper, at a 25:1 ratio within the new loth Avenue SW right-of-way, from the end of the curb return, to meet the proposed 24-foot paved roadway section, described above. c. Construct City-standard handicap access ramps at the NW and SW quadrants of the intersection. d. Add channelization in SW Campus Drive to create a left turn lane onto loth Avenue SW, into the proposed plat ofParcel5B. . e. Revise the left turn marking for traffic on the existing leg of lOth Avenue SW so that it will be a combined thru and left turn pavement marking (WSDOT Type 3L marking). f. Provide channelization for the new section of lOth Avenue SW marked for two lanes of traffic: one lane westbound, with the southerly lane allowing for thru-, left, and right-turns. EXH!BJT f PAGE~OF ~02630/Do<:I;~::~ Concomitant Agreement Wynstone Property (Parcel 5b) g. Provide signal modifications, including, but not limited to, wiring and conduit, loops, new signal poles, mast arms, etc., to the existing traffic signal system to be coordinated with City Traffic Division for all required modifications. 7. Other Project Review Processes. 7.1 Single-Family Portion. The single-family portion of the Project will be subject to preliminary plat approval, engineering plan review, final plat approval, and any other applicable review processes. The final design of the buildings and other improvements, precise location of building footprints, location of utilities, determination of access points, and other design issues will be determined during that process and must be consistent with the Agreement and the Plan. 7.2 Multi-Family Portion. The multi-family portion of the Project will be subject to site plan and design review pursuant to the design requirements outlined in the FWCC and any other applicable review processes. The final design of the buildings and other improvements, precise location of building footprints, location of utilities, determination of access points, and other design issues will be determined during that process and J'!lust be consistent with the Agreement and the Plan. 8. Waiver and Mutual Release of Claims of Invalidity. The City and Owner acknowledge and represent that the terms of this Agreement have beenjointIy negotiated and that each party enters into this Agreement voluntarily. Further, Owner and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both Parties. 9. General Provisions. 9.1 Binding on Successors. 9.1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and may be assigned to any successor in interest to the Project property. 9.1.2 This Agreement is intended to protect the value of, and facilitate the use and development of, Parcel 5B and to protect the public health, safety, and welfare ofthe City. Therefore, the covenants set forth herein shall be construed to and do touch and concern Parcel 5B and the benefits and burdens inuring to Owner and to the City from this Agreement shall run with the land and shall be binding upon Owner, its heirs, successors, and assigns, and upon the City. 9.2 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. Concomitant Agreement Wynstone Property (Parcel 5b) 03-102630 I Do<:. I.D. 29918 S' OF JL.- Page 5 PAGE 9.3 Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 9.4 Authority. The City and Owner each represents and warrants to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on its. behalf are duly authorized to do so. Owner further represents and warrants that it is the fee owner ofParcel5B, that it has authority to agree to the covenants and provisions contained herein, and that there are no other persons, entities, or parties with any fee interest in Parcel 58. 9.S Amendment. This Agreement may be modified only by written instrument authorized by the City Council and duly executed by the City Manager and Owner, and their successors and assigns; provided, however, notwithstanding the provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of Owner, adopt and impose upon ParcelSB restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. Moreover, five years after the date ofthe execution of the Agreement, the City may elect, without the agreement of Owner, to apply development regulations in effect at that time to any development within the scope of the Agreement that has not been completed at that time. 9.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 9.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 9.8 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 9.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific perfonnance. The Parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by Owner, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may Concomitant Agreement Wynstone Property (Parcel 5b) EXH I B IT 03-102630 / Do<: I.D.29918 Page 6 PAGE~OF JL terminate this Agreement and take action to amend the Comprehensive Plan and zoning designation of the ParceISB. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default may be cured. If the nature of the default is such that it cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the cure. 9.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages resulting from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 9.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers, the authority granted under RCW 36. 70B.170-.21 0, and other laws. 9.12 Recording; Assignment. The Agreement shall be recorded with the Real Property Records Division ofthe King County Records and Elections Department. 9.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, a Washington municipal corporation POLYGON 2000, INC., a Washington corporation BY: BY: David H. Moseley, City Manager Date: Date: ATTEST: This - day of January 200S. N. Christine Green, CMC Federal Way City Clerk Concomitant Agreement Wynstone Property (Parcel 5b) EXHIBIT' r: PAGE ~3-1 02630/ Do<:. ID. 29918 Page 7 Approved as to Form for City of Federal Way: Approved as to Form for Polygon: City Attorney, Patricia A. Richardson STATE OF WASHINGTON ) )ss. ) COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, to me known to be the of Polygon 2000, Inc., a Washington corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation. Given under my hand and official seal this - day of , 200S. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: Concomitant Agreement Wynstone Property (Parcel 5b) EXWlB1Y ç: PAGE~OF -'L 03-102630 / Do<:. I.D. 29918 Page 8 Concomitant Agreement Wynstone Property (Parcel 5b) EXHIBIT A TO CONCOMITANT AGREEMENT LEGAL DESCRIPTION OF PARCEL 5B EXHIBIT r: 03-102630 / Do<:. I.D 29918 Page 9 Concomitant Agreement Wynstone Property (Parcel 5b) EXHIBIT B TO CONCOMITANT AGREEMENT DEVELOPMENT PLAN 03-102630 / Do<:. (). 29916 PAGE--HLOF --II- Page 10 EXHIBIT C TO CONCOMITANT AGREEMENT SECTION 6.2 RIGHT-OF-WAY IMPROVEMENTS Concomitant Agreement . Wynstone Property (Parcel 5b) EXWIaIt'L 03-102630 I Do<:. I.D. 29918 PAGE II OF ---1J-- Page II I : ~I I 1 t I I I ," ,,' 1/ -{ ~:15' DRAlNŒ ',I, ;:; I ESlAT, I I" I EXIST. 15' DRAINACE I I EASM[NT (REG. NO, I 20020204000039) I I j "'I 1 :"0 I ~ CO! I ,.~. 1 °." I'" I I 17185 Sf 1 I I I I I , I , 1 I ',I I 1 . A PORTION of the S. W. LEGAL DESCRIP1l0N 1/4, I I 19, TOWNSHIP 21 N., RANGE 4 E" W,M. SECTION THAT PORTION Of GOVERNMENT LOT 1, SECTION 19, TOYoNSHIP 2' NORTH, RANGE 4 EAST, 'MLLAAtETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID PORTION BEING 1A00E PARTICULARLY DESCRIBED AS FOlLOWS: '-, COIAMENONG AT THE NORTH \\EST CORNER Of THE SOUTHVlEST OUARTER OF THE NORTH\\EST OUARTER Of SAID SECTION 19; THENCE SOUTH 89'27'3'" EAST ALONG THE NORTH LINE THEREOF, }. DISTANCE Of 264.01 FEET TO THE POINT Of BEGINNING; THENCE CONTINUING SOUTH 89'27'3'" EAST, A DISTANCE Of 298.22 FEET; THENCE SOUTH 2"47'27" VlEST, A DISTANCE Of 122,98 FEET; THENCE SOUTH 70'OS'oo" VlEST, A DISTANCE OF 83.38 FEET: THENCE SOUTH 53'44'33" \\EST, A DISTANCE Of 164.46 FEET; THENCE NORTH 3615'27" VlEST, A DISTANCE OF 44.74 FEET TO THE CITY ,OF fEDERAL 8 \ I I /SEP¡.RATE, PRIVATE DRAINAGE "CIUT.S SHALL ,BE PRD~D[O fOR I Lor 45 1/8 ':, RM 2400 ¡, WAY \ L1 \ 0' 9 on, 5300 Sf ~ " 8 ! ~I ~ '~ " tV 5300 SF """, :r l' lJ 7 r ~, 5300 SF (J) ~ T03' 6 26' I 26: I ~ 5~00 5F . . . . , , , ',- - ----------- h--- -- - - ---, . , , , , , , , , ¡L--___uJ , , ¡------------ -------~ ---------" FEDERAL WAY SCHOOL DISTRICT 35' 35' ~ 146' , 15 7237 Sf ~ :...!éL 16 '0 6915 Sf on ,~ >", ~ I : 01 1"'1 ;1-7"- - / / / /g / I SAGHALIE JR, HIGH @ '4J348 SF ':;\ fUTURE NUL"-F"'IlY LOT DE'ÆLOPNENT ~ ' - - - 103' 4 72005F I t:: c,.., \ \ \ \ - I \ ~:;u,~Jg;' ,t,""" I~l':~ I 0 I I PLA TI OF OR<tHID LANE 2 a 21 I (NAR8OUR NOIÆS) RS 7.2:"\ TRACT B (RECjOPEN) -f'Q ." SW 3JO ST ,;; ~ SW 3<B SI VICINITY MAP N,TS WETLANDS WETlANDS DELINEATED BY HABITAT TECHNOLOGIES IN REPORT DATED 4/8/03. THE I'oI:TLAND BOUNDARIES REFLECT A FIELD SURVEY BY DRYCO SURVEYING. \lnLAND A: 1029 SF (TO BE FILLED) SETBACKS FRONT: 20' SIDE: 5' REAR: 5' ,,'," ~'" ,.", '; " :"c'.' -", SITE DATA W::, AREA: TOTAL: AREA: TAX LOT #30: AREA. TAX LOT #44: PROPOSED NO, LOTS ZONING: ZONING PROPOSED PROPOSED 7.2 13.49 ACRES 8.48 ACRES 501 ACRES 45 RM2400 (TAX LOT #44) RS 7.2 (TAX LOT #30) DENSITY: 3.34 UNITS/ACRE USE: SINGLE FAMILY DETACHED RESID, KLAK GOlF LLC ~3 PARCEL NOS.: 192104 9044 192104 9030 - ~,-- -- - - -- - - - -- -- .. -- Y. -. .. .. .. SITE SERVICES KLAK GOLF LLC SEWER: LAKEHAVEN UTILITY 015T, WATER: LAKEHAVEN UTILITY 015T. SCHOOL: FEDERAL WAY SCHOOL 015T, NO. FIRE: KING COUNTY FIRE 0151. NO. 39 TELEPHONE: QWE5T ELECTR!CAL & GAS: PUGET SOUND ENERGY CABLE T.V.: COMCA5T 8 RS 7.2 'J,ù TRACTS TRACT A: DRA/NAGE/ WA TER QUALITY: 14465 SF - PUBLIC TRACT B: DRAINAGE/WA TER QUALITY: 4062 SF - PUBLIC TRACT c.- LANDSCAPE,' 13353 SF - HOMEOWN£!RS ASSOC. TRACT 0: LANDSCAPE: 610 SF - HOMEOWNERS ASSOc. TRACT E: PEDESTRIAN ACCESS: 2980 SF .. PUBLIC TRACT F: PEDESTRIAN ACCESS TRACT: 2140 SF - PUBLIC TRACT G,' SENSITIVE AREA/ WETLAND: 16444 SF - HOMEOWNERS ASSOC, TRACT H: LANDSCAPE: 278 SF - HOMEOWNERS ASSOc. NOTE: A 10' I'tIDE BUFFER SHAlL BE PROI,1D£D BETI'oI:EN ANY RESID, STRUCTURE AND THE TOP OR TOE OF A FILL SLOPE OR A CUT SLOPE GREATER THAN 8' IN HEIGHT. J"., GRAPHIC SCALE EXHIBIT, 50 0 25 50 100 200 PAGE ~ C -1 (IN FEET) I:VUlbl"'l'" 1 mch = 50 ft, CITY~.fØf3t-.o°-S' ~ DRYCO DRYCO , SurveYIng, Incorporated 12714 VAlLEY AVENUE EAST SUt.lNER, WA 98390 253-826-0300 FAX 253-826-9703 -. -.. - ----y-' RE~SlONS, CPERO'fY-- REVIEW 12/10/0 2, PER aTY REVIEW 5/10/04 G Z 0::: <IJ " W g ~ ~ Wii:!;'j'ò acl Z.c:O;)",~ -::to>"""" (j~ .:;¡-", Z:S~~~ Wõ....:,go (1)<:; '" <IJ .. rv~~ ~& LL... <:: Wo> Q (j W « J 210 <: -<:( ¡...: --J V) Q. :S I- 0;) Lu-<:( ~ <: --J 3:: aQ. (I) K (J»- ~ ;<: Q:: 3:: >= -<:( V) S:~ ~ ~ <t ¡j :S Q:: ~ Q. ::; i V) ~~~ <: °Î\õ 0 l..J~0) ~ VI ~~ ~ 0-: "",,°, 4J VI""""" -J ... -~:ri :5 Q ò~~~ i'; a ~ò'Î".. ~ "( ~H a 0::: Q : Q:) ~ 0 .diliLQ;L - 50' - ..¡,¡ JJJ =.. RESUE JUN SHEET ~ or ~ . ;';:"";"1" ~~x: ~ ;, , i j i ' ' F , by. ¡" f I','" r ' f-: I:" f. l.- t" [:' 1 1 i 1 i t RS 7.2 - t ~o: :0:0' 10 I '" t 5 i ~ ! .. :,; ~ , . --, i- l' t ./If -- .- ~ tIf/IÞ ;. '-: ~ --'. ~ ::- .~ t be.' ".-:. ".-- ¡, . f- ! ~- ~- 1 ¥ ~- 1: ~ < j. . -! RS 7.2 . '""-'.!...'... .'..":.":' ..'., ti' I' .JII' 16 '1:1 2+00 3+00 SECTION A-A SCALE: ," ~ 50' HORZ, ," = 5' VERT, \, \ \ \ \ , \ , 4 ,,-,1"""""".'--" 8 ¡ 350 340 330 320 '. 5+00 ~ ~ ~ ~ !:' , u g E '\ ~ , iš \Š 6+00 "'> 310 , LANOSCAPE 1R.<CT C 300 \ Iw \~ \ ~E~STIHC GR.<oE \ OISECTION UHE \ \ , " 290 J8 1 ¡ , 1 > RO/.o I I ¡-..::...::...-~ , ~ I J " I 1 '\ ' \ ' , ..- -'- -- -- --,-- I \ ---¡' I I \ I " I \' I I '" I ", I , , I \ I \ I ROAD I I \ ÌY ' PROPOS£O I \ GRAD( 0 , \ St:CTION UHE I , I '" \ ' I ~ I ~~~ GRAD( ------ /', I " , K)N lINE , '\ I 1 " anon 1 I \ I ' \ liS 1&1 \ I~ :ß .. \ I~ j; \ l;j 'g . \ ,:5 r:: , ,'" ffi \ STRUCM< \ I; ~ ,fti I , OOU8LE 4' IGH RUNN!N WALL (BENCHEO), 'APAAT ~TH LANDSCAPING IN \\ ~: mONT Of' L v.£R WALl AN B[Tv.£EN WALLS, . \ I \ I , , ~ " . ',1...\ 'f>. R£\'SIOHS: \, PER OTY 1+00 SECTION E-E SCALE: " = 50' HORZ. ," = 5' VERT, 285 0+00 R REIoIEW 5/20 3, PER OTY REIoIEW 11/20/04 370 37 (9 Z (t Q '" Wg ~:g WÕ:;;:;<¡>ã Oal Z;,;g::2~ -"I- ~ (9~ .~j;)' Z;,;~~~ W Õ...:~ 0 VIe:: <: Q '" rv ~ ~ Õ ,ð LL "I- .r:.- W 01 Q (9 W « J 360 360 350 350 ~ ~ a¡ 340 340 3,30 <: '« -J Q ~ <: l!.J(S ð'« ~~ ~~ ~ ~ [j G::: Q V) is ¡::: I'..> bJ ~ () ~ <.:J :2 è5 ~ 330 320 320 310 0+00 310 6+00 \'j "4 0 go 3+00 4+00 5+00 1+00 2+00 SECTION C-C SCAlE: ," = SO' HORZ, ," - 5' VERT. 390 (r¡ '" Õ; C <: g~~ 0 """,J. 'f ~ """:;:~ ~ "'",-..'" .. ~ ~~:ri~ e¡ Q _:i"~1I) & CD:: ~ a -:> ¡; '« ~6~ ~ ~ ,~ ~ r:: ~ , f , , , --- /o"ii ,GRAD£ UN[ ",r- '" .,1 , \, , , -----,-~-,_. -, --310"- ---'-'-"-'------,-- --.-.- ,--.-,..---..380 ...'" ... ---.-,- - '...~- . ,-""..,..,." ~~~i ~jl~~~}: k, L";"",, , !;:,".. .J,'):.:.':>":""",»", ,',', .1,.,.""'---"'--- .HOO 2+00 :HOO SECTION B-B SC.<lE: ,. .. so' HORZ. \" = 5' \'f;RT. 4+00 300 l'RO'O5i:o I,' -.' 'J'I":::'-: ~~OLIN[, r--~-l.--_..../ 2.iliLQ,L so' 370 0+00 3+00 4+00 5+00 '+00 2+00 SECTION D-D SCAlE: \- .. so' HORZ. \".. 5' VERT. . 1'....:....;'.<' :+i:::" f . "'" 300 . " "- " , "- " "- , ExiSTING Gl!AO£ 0 SEC11OH lINE 8 ~ z 2+00 3+00 SECTION A-A SCALE: ," ~ SO' HORZ. f".~ S' \'ERT. 350 340 ."-:-,t.. , \ , \ \1 330 320 ---.--~_..L.-- " 5+00 6+00 380 37 ~ I I ~ ROAD 1 5F-=::..:- ~ -..:..::::..... I 5 " I ~ "- I , I - -- -- --.- --¡. , I I " I \ I \ T I 1 '" I ," ~ \ I I 1\ I ROAD I '. -- 1 \ ÌY 1 PROf'OSíD 1 , Cl<AOC 0 I \ SEmJ" lIN!: , I ~ \ 1 L>-... \ ' [XIS'" <>..œ/oOC....../ 1 ... I 0 SEC LINE ........ ~ I I " on," I I '. 1\ 1 \ \ liS I~ \ I~ ~ ... \ I~ :. \ I;: ';! \ l!i ~ " \ I'" ffi \ STRUC1UR Id ~ ,(11 1 DOUBLE 4' WAlL' \U I ICH RU"N'N (BENCHED), 'APART Y<,. lAhDSCAPINC IN \\ ~ t FRONT OF l v.ER YIAll Ah BlTv.EEN I WAlLS. \ 1 \ 1 , , ~ ' '. "'.....:; Þ>. ~~ i ~ <.> g § ! 310 360 350 340 330 320 310 0+00 2+00 1+00 3+00 4+00 5+00 300 290 1+00 285 0+00 SECTION C-C SCAlE: " = SO' HORZ. ," - S' VERT. 390 ~ ~ SECTION E-E SCALE: " = 50' HORZ. f": 5' \'ERT. .œADE LK /~- / ';! ~ ~ ~ " s: " ----" ... ... /o~' -- ./ 3'0'-- .--------.-.------.------...----.-.---.-380 I /' .- /' Wee: ~ '. L:'. ~/- .1+00 2+00 '3+00 4+00 SECTION B-B SCAlE: l' . SO' HORZ. '" E s' 'If;RT, PRCI'OS£D I.' -.' ,1'1-... ~~OLINE r"""~-!--_.../ 370 0+00 3+00 2+00 4+00 5+00 1+00 SECTION D-D SCALE: '" - so' HORZ, ," - S' VERT, ."'SiONS: I; PER OTY R REI,\£W S/20 3. PER OTY RE\lEW 11/20/04 370 360 (9 Z (t '" ... W g :;¡:g Wèi:;¡<¡>ã Oat Z.cO::>IC)~ -::;:0> C() C() (9~ . BB ~IC)IC) Z:S~~~ W Õ...:~ 0 \1)<:: <: '" ., rv ~ ~ a .~ U-.'- .0::- WO> Q (9 W « J 350 ID z " ~ 340 3.30 <: "'( .....J Q ~ <: ~- <:~ eo:: <n~ ~~ <: ~ [j g: V) ð ¡::; v bJ ~ 0 ~ (:> <: Q « ~ 320 310 6+00 t; "J ~ (/) - <: ~~R a 2ì<õ ~ IX"'I?iJ, ...,. "',,> i:5 ¡..:,,'..... '" .. -.I ~~:;::B IS Q ~~IC) f; ÔO:: ~ a -i5~.. ~ :>" ~ RESUCMi¡-;C Nay 2 ~ iU04 ~ SO' ~"..,....,....",..".., " </:::<:,;~:,>; . --;-.-.':'. , .--.-, . ". .... ....' .,.. . . '" '" .. ... '."". ... ...... .' '-"""""".'-'-"-'~""'" '_"'h..._" - --,--,'-""""-.....,-""-',""'.'"""",'",-"-..- '-""",--.."..,'_'-',.,,-...' '" ..- 8 4.11 .... + 8 + 8 ~ 8 '" + 8 4 .. 01 + 8 .... + 8 01 + 8 (II + 8 .... 8 " (A + . 8 ", r-J + 8 ,-4 :; 8 f ;¡!~ t ~Š ~~IS ~ ~lli~~ ~ I n " 1'::: ~ :T) (IV ('+ ~ :> -< (/)t%j :> r !;1U1 ~~ ~ ::S ~m C»( m% ~~ 0 -n ..""'..-- ,"--_"-__.h-__-----"".-'----'-" .-..----. . .... '" 0 '" õ tH '" 0 tH 8 tH N 0 tH ~ 0 I I \ \ I I I I I I I I I I I I I I I I I I I I I I / '" '" ". '" '" / _// ----- .... '" 0 ~ 0 u .... 0 ¡;: 0 u .... 0 ~AEGER ENGjNEERjNG 9419 South 204th Place Kent, WA. 98031 Phone No- (25J) 850-09J4 Fox No. (253) 850 0155 f'Rt.J[t'1; BRAD PLEMMONS 11)1 T ST, Sf: AUBURN. WA. 98002 Phone: (25J) 939-1691 Fox: (253) 939 6170 WYNSTONE PRELIMINARY PLA T ROAD PROFILES ,.- ,.- / / I aCE: 345.71 / / I tH '-" 0 ~ ~ 0 tH .... 0 / ",/ , " " I I I I . .' I I \ \ \ \ \ \ I / I I / I I I I / / I / / / / .."" ,..:S;,;; ",þ"'~ " < ~ , " . ~ .. "'°"'+ "'0.""" o>?,u> ;go. tH C> 0 , 5 & .."" :s;:S; f;P~ I ',,~: " '" ... g~~ ~3: Ii "".'!'~' ... ..:.,,'. EVeS: 12+89.85 Evcr: J7J.~J 12+67.91 '2t~ AVE- BOUNDARY UNE EL-372.24 g 8. ~ ~.. ~ " oS: " '.¡;;~ ~ I < I ~!"I;:; 8:'" + ~~ ~8: I . j ~ 11 12' 8' UOiI. ~ ' ~ I Po"'ing 51eip ~ ~ " 28' 52' MINIMUM SECTION LOCAL .25' CLASS B .17' CSTC .-2' CSBC 1 LANE + PARKING SECTION -"Vf f , TIP SECTION - 12th PL SW & 13th CT. SW .ì ~ ~ 380 .,It . .. 370 :~ 'W. .......~'..... ..... L." Turn --12'-+-IG'~12'-; W.dlon (wh... LT ~.. -....) G" 98' 360 " ~ MINIMUM SECTION MINOR .67' CLASS A .50' CSTC OR .30' CLASS A .85' ATB . . " PRINCIPAL ..,~, .30' CLASS A ~ .85' CLASS E ~' .50' CSTC 350 i ; ! } t } t of 4 LANES + MEDIAN SECTION E TYP SECTION - SW CAMPUS DRIVE 10+00 'n 3' "'. ,."",'....,.. "01, 12' 36' 70' 12' 8', ,3' MINIMUM SECTION MINOR .67' CLASS A .50' CSTC OR .30' CLASS A .85' ATB 3 LANES SECTION M .......' "...... "'" 'tri, PVI~TA - 7+84 P'" E EV = 361.9 A . = 4.78 = 3O.3G I 0 00 ui 00 + ., ~ ~ PRINCIPAL .30' CLASS A .85' CLASS E .50' CSTC COLLECTOR .50' CLASS A .50' CSTC OR .30' CLASS A .70' ATB TY..PuSECTION - 10th AVE. SW/12th_AVE. SW );77- / ~ll~ ~r? ../' ~ 9+00 45.00' '" ~ ~ 8+00 ~ ~~ 7+00 6+00 ~ ~ HIGH POINT ELEV = 378.90 HIGH POINT STA = 5+09.70 PVI STA = 4+52.72 P'" ELEV = 389.63 A.D. = -23.35 K - 17.13 /\ ~ , , , , ~ ~ 5+00 SW 339th STREET SCALE: 1" = 50' HaRZ. 1" = 5' VERT, ",. ~ ' ; I""~, I,,", ¡ ~ " 3G' GO' ""'..1 ?' ~ ,:~',' ;; ~ MINIMUM SECTION MINOR COLLECTOR LOCAL .25' CLASS B 25' CLASS B .17' CSTC .17' CSTC .50' CSBC .SO' CSBC 2 LANES + PARKING .sEcrIill'L S TYP SECTION ---$W 339th ST. /11', / «II'" _/ ~ ~ « \II! ~ ~ ~ ,4+00 3+00 380 . . Ii; ~-' <0.. -" ë;; :;:; '" ««", '" --'" 0 «0'; 0 .,0. g ~g7 + ++-1 ~ 0>_1<) 370 , .. ., ... 0> .., ci ..; - ", ~:~ ~ ~ .. '" ~ . ;I~~ 00 ~. + ..J N '" ~ ,.;; ~ 2+00 , , , ",360 , , EXHIBIT "AGE ,--ø-1..QQ~ DArrN /lU1V _00 ~ $ """"0NS0 1. P£R CITY C) Z 0::: Q) ... W g ;;¡:g WÕ::;;:;'j'ã 001 Z:s~~~ -... "" C)~ .~"" z-<:~~~ W:5 -ó':' 0.... <! 0 V>c: <! Q) ., IV~:X: ~~ LL... -'0 Wo> a. C) W « J IŠ \¡! ~ '" " " ~ go (¡) ð f-- j:::: "'C () -.J Lu LuQ (¡) <}... ~a: ~ {¡)"'C (¡) $:: ~ lJ..J S:~ Eê ¡jO a: 0:::: QQ a (5 0:::: DAn:, ~ SCAŒ ,'. 50' DESIGN 8Y:~ OR... 8Y, ~ , ,_.8Y:- 1+00 EXHIBIT-;:::-z--....No.- PAGE-Í.-OF..:::L- SHEET---2-- Of ~ CITY B m~~~~~!r:!"~::'~~" .. "'-'-""'._. ..._,. ....__... " ';'", n '--".'--"."" ,..-----....--~_._" . ."""..""., . '",::..>' ..' ....'". . ,d'"""""'" ""~""":.' '~"'~<""'. .~,==~. . ~ å :~I¡ ~~ rrll~~ ~I ..... (J)N ~("'I- Eit:r ~~'ï:1 II ~ > <.I!.~ ("',) r?i J: ttj ;0° ;-i ~ CJ) ~ ;gm C»( { + 8 ."", """ ;>0""" _8 "'!" ¡:;; ~ . ", < ~ ;:: I " " Ii ~:~~ 00>", "'¡." 0>", '" 2+505 3eJm. 1+00.00 13 h C EL-359.87 " \ \ \ '" CD a BVCS: 1+37.50 BVCE: 359.12 rr 00 h~: sQQ .", Z Z !2~""" " " ~~ ~+~" 0.8:+", ,,«> 0.0 «>" ..... (J)~1<3 () ~ + ~~8 ~ ' ~ ~. I I I I -. -. (":) 1111 0 tI1C:: <.I!. O. ~ ;¡;:I: 1-3 ~ ;o~ 0 :--t t'J CJ) a ~ 3+68.25 13th CT CTR-SAC EL.-375.80 ~ + a a ,. .1 EVCS: 4+t~ '" EVCE: 377.66 ex> a '" .... a + 8 ~ ~ '" '" '" ~ '" N '" (J1 ~ "" 0 0 0 a a 1+QQ.QQ 12th PL 0 .>48.'>6 )' 9+~~ ~.-!~h AVE r-> 1+0 339th ST g ~1 .36 '1 35 ".. /' BVCE: 3 .66 f~.. .>4/.4 -/- EVCS: 1+65 .~ . ..."" ,,"" VCE: 346.1 n., / / .>4.>.4.> </ ,.-, " '>'>..,,° /. " I /' .... ,/ ,,0< ..."" .>.>5.57 .... ..."" -" .;¡/ ,.. ,," .": '>'>1.64 /' /' /~ /' /' / /' '" / '>"J./. / / / / / "nn / / .>;/,.>.1" / / / / / I "" I .>1..11" jI BYeS: 5 2t.70 BVCE: 8.14 "" ",s ,,_n ,- "tl!!!!¡ '>16.21 // i 5+61.7 12th PL ~ .. \ CTR-SAC -' ~. \ EL-J15.59 ¡s; ~!"",~ \ ",g:,"~ " EVCS: 6+01.70 g:,¡ .>14.24 r:, EVeE: 314.20 '" N + 8 ." ..", ;>0 .. "!"~\I\ n<~ '" I II " ¡;;~~+ \s:g (, + 8 ~ + 8 01 + 8 CII + 8 0 N a CII 0 '" 0 .... 0 (J1 a PRMcr: WYNSTONE PRELIMINARY PLA T ROAD PROFILES (' ¡¡:¡< '- . . , . NGINEER: JAEGER ENGINEER1NG 9419 South 204th Place Kent, WA. 98031 Phone No. (253) 850-0934 Fox No. (253) 850-0155 ,... .. ~ ~ c" - ~ ~ .f "" ì ~ I >. { : :~ t t" ¡ \. I tJ .) :- ~ t. , , ~ "~ j II u ~! II II ,z.. pr ,.... - w/CN' LS 18002 I:::: ':. I GRAPHIC SCALE 21)() ~ m ~ so - 2 -- ~.. ( .. nEr ) Inch - &0 ft. SHEET -1- rF -1- -- 5-40 SPKS 20 21 R£"SIOHS, G Z 0:::.. "" W Õ ""11) 0 "'II) WQ~'¡'õ 001 ~~~:g~ G ~ . j;)';;- :<1:11)11) Z:Ss:~~ Wõ~~o V)<:: <: <I> ., rv ~ ~ ¡:¡ ,ð u.. 'I- "" - W O¡ n.. G W « J <: '<:( -.I LuQ <:tJ ~Q: V)¡..:: ~~ $~ ¡..:: V) X Lu ¡...: V) :S <>:J "1 "1 So V) .I¡ So V) ~ « .c: ~ ß ó g' (f¡ "';;;0 <: 0""'- a ~í¡¡; ~ bJ"'~d, ~ ""'" ~ 0-.:":-..'" ~ ~"':rij;)' Q ë~~~ Q -::>0; -q: §g~ .. Q:: 0( "" "- gQ:¡ n. OAt[, 2iliL2J... SO' Fit SCAŒ EXHIBIT ~. PAGE-f--OF ~ J/\I DESI(;H 8Y'--"'!L-1 CITY."; LUIi ....... 81'. JJJ/I3ES _.81'.- JOB No. - rue- BRAD PLEMMONS IOJ T ST. Sf AUBURN. WA 9aoo~ Phone: t253) 939-16 1 Fox: (2,53) 9311-617 De.14: 4-,,- -: r.w Dra..... IIJ: Pal.. ~B1' Jewbed: 12th Av[. SW & SW JJ8th ST. 1((( ~.~ ~-....~ ~NE Q1~ REDWl? f-d~lN qlJ TEL. (425) 898-8833. FAX (425) 868-2184 --- .... CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: January 4, 200S VIA: FROM: anageI--- - ~-.L Kathy McClung, CDS Director Isaac Conlen, Associate Planner SUBJECT: Brown's/Dash Point Resolution Policy Question Should City Council pass a resolution re-affirming the City's intent to amend the City's Comprehensive Plan to establish a Brown's Point/Dash Point Urban Growth/Service Area (PAA) for Federal Way? Background On June 1,2004 (minutes attached as Attachment D), City Council directed staff to apply for a Pierce County Comprehensive Plan amendment to amend the County's Comprehensive Plan to add the unincorporated portion of the Brown's Point/Dash Point area to the City of Federal Way Urban Growth/Service Area. City Council additionally directed staff to amend the City's Comprehensive Plan accordingly, following passage of the Pierce County comp plan amendment. On November IS, 2004 staff submitted a Comprehensive Plan amendment request to Pierce County. Because the area in question is currently located within the Tacoma Urban Growth/Service Area, notice was provided to City of Tacoma. On November 23, the City - received a letter from City of Tacoma (Attachment C) generally opposing the amendment request and specifically questioning why the City has not amended the Federal Way Comprehensive Plan prior to applying for the Pierce County Comprehensive Plan Amendment. The purpose of the resolution is to formally show City Council's intent as indicated at the June 1, 2004 Council Meeting, to amend the City's Comprehensive Plan to reflect the proposed new Urban Growth/Service Area if approved by Pierce County. Staff recommends waiting until the outcome of the Pierce County Comprehensive Plan amendment is known before amending the City's Comprehensive Plan. 1 Options 1. "I move that City Council pass a resolution re-affirming the City's intent to amend the Federal Way comprehensive plan to establish a Brown's PoinUDash Point Urban Growth/Service Area for Federal Way, following passage of the City's Pierce County comprehensive plan amendment request." 2. "I move that City Council not pass a resolution re-affirming the City's intent to amend. the Federal Way comprehensive plan to establish a Brown's PointlDash Point Urban" Growth/Service Area for Federal Way, following passage of the City's Pierce County comprehensive plan amendment request." Staff recommendation Option 1: "I move that City Council pass a resolution re-affirming the City's intent to amend the Federal Way comprehensive plan to establish a Brown's PoinUDash Point Urban Growth/Service Area for Federal Way following passage of the City's Pierce County comprehensive plan amendment request" Committee recommendation Forward option - to the full City Council for approval. APPROVAL OFCOMMITTEEREPORT: ~ Jack Dovey, Chair Eric Faison, Member Attachments: (A) (B) (C) (D) Draft Resolution Brown's Point/Dash Point Map Letter ITom City of Tacoma June 1,2004 Council Minutes 2 E.xHIBiT PAGE / A OF.. 3 " RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RE-AFFIRMING THE CITY'S INTENT TO AMEND THE CITY'S COMPREHENSIVE PLAN TO ADD THE UNINCORPORATED AREA OF BROWN'S POINT/DASH POINT TO THE CITY'S URBAN GROWTH/SERVICE AREA FOLLO\VING PASSAGE BY PIERCE COUNTY OF THE CITY'S REQUEST TO AMEND THE COUNTY'S URBAN GROWTH AREA. WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it is in the best interest and general welfare of the City of Federal Way and the Brown's Point/Dash Point area to allow residents of the area the option of annexing to the City of Federal Way; and WHEREAS, the Brown's PointlDash Point area is currently within the Urban Growth/Service Area of Tacoma; and WHEREAS, the Pierce County Countywide Planning Policies allow an unincorporated area to be simultaneously located within the Urban Growth/Service Area of more than one city; and WHEREAS, the City of Federal Way has initiated a Pierce County comprehensive plan amendment to amend the County's Comprehensive Plan to add the Brown's PointlDash Point area to the Federal Way Urban Growth/Service Area; and WHEREAS, the City Council of the City of Federal Way has determined that the most logical sequence of events is to wait until after Pierce County issues a decision regarding the City's request to amend the County comprehensive plan and if successful proceed to amend the City's comprehensive plan to create a Brown'slDash Point Urban Growth/Service Area for Federal Way; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land Res. #- Page 1 EXHIBIT A PAGE 2- OF: 3" use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, and July 20, 2004; and WHEREAS, on June 1, 2004 the Federal Way City Council voted to amend the City's comprehensive plan to create a Brown's Point/Dash Point Urban Growth/Service Area; and Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Public Interest. The best interests and general welfare of the City of Federal Way and the Brown's PointlDash Point area would be served by amending the City's comprehensive plan to establish a Brown's Point/Dash Point Urban Growth/Service Area for Federal Way. Section 2. Timing. The City Council desires to amend the City's comprehensive plan following passage by Pierce County of the City's request to amend the County's comprehensive plan. Section 3. 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 unconstitutionalit'y shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affinned. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res. #_Page 2 EXHIBIT A PAGE '3 OE " 3 RESOLVED BY THE CiTY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of 2005. CITY OF FEDERAL WAY Mayor, Dean McColgan A TrEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Res. #- Page 3 City 0 f Federal Way Dash Point State Park Legend J Proposed Federal Way - Browns Point USA Zoning D L2LJ Moderate Density Single Family Neighborhood Center Federal" Way' "~;~:<;~~l~;~i~.:{ . .., '. . ~ - ",", ì'"'. :;:!¡ L'" ... ì6 . ¡ a - ,- í; g : . ..g ~ g ..) ~ co . ' to ;. ....-::.~.~ ~ , . . . ,- c:: * Note: Proposed Federal Way U,S.A coinsides with the boundaries of the Tacoma USA :;~'.- ::~: ;;7 Puget Sound :}~:;. ,,:_:-~; ç"" -".:. ~ ~;;p; c:..... 32' õ'.. .!! -. co - . ...::-> E " ';J." '< i:ì ... . . ~L . '.. 3: S~'i:;25 ë6 ~ ",.. <II :, àI ':': ~ PL-. ... ,," ; :,' ;f J' ~ :~:~:,::j ~ ; -' ., z 0 \5 "" 5 c:: Q) '>1 ~ 'ß ~ co e;, co K! Q) V> ::> -:q ~ --g "'0 $ .5 .!!! c- co E Proposed Federal Way Browns Point USA Zoning Map Date: November 2004 City of Federal Way, 33325 8th Ave S, Federal Way, WA 98003 (253) 835 7000 ' www,cityoffederalway,com Scale: a 500 1,000 ~ Feet A Federal Way IIerike/cd/pea/Browns,mxd . - ' "",...a Tacoma I ~,.. COM RECEIVED BY MUNITY DEVElOPMENT DEPARTMENT NO': .;£ ., 7( . ,Ii ~J:' ,. 101 City of Tacoma ',' . . Tacoma EconoMié'Ó~vë\opment Department November 22, 2004 EXHIBff C "'" P~OF..I Z- Ms. Kathy McClung, Director City of Federal Way Community Development Services 33325 Eighth Avenue South P.O. Box 9718 Federal Way, WA 98063-9718 Dear Ms, McClung: Subject: Federal Way Annexation Elections This is in response to your letter dated October 28, 2004, describing your intent to pursue an amendment to the Pierce County Comprehensive Plan to establish an urban growth area (UGA) for the City of Federal Way in the Browns Point and Dash Point areas. The purpose of this letter is to express our strong objection to any amendment which would create an overlap of Tacoma's designated UGA. Creation of an overlap serves to confuse the residents and business owners in these areas about future governance and service provision. It also appears to be premature since, to my knowledge, Federal Way has not amended its own Comprehensive Plan to include these areas and yet intends to seek approval from Pierce County elected officials before your own citizens have had an opportunity to have their say about the proposed expansion of your city. On the other hand, the Browns Point and Dash Point areas have been a part of Tacoma's urban growth area since Interim UGAs were established by Pierce County. The Tacoma City Council adopted a Resolution in 1992 which included these two areas in Tacoma's proposed UGA and which was forwarded to the County Council for their adoption. The Tacoma City Council adopted its GMA plan in October 1993 which included the two areas in our UGA and which were confirmed in 1994 when Pierce County adopted the urban growth area designations compliant with the Growth Management Act. Tacoma abuts these two areas on three sides while Federal Way's boundary primarily adjoins Dash Point State Park and a small area to the west. These areas are served by Tacoma Public schools, Metro Parks, and Tacoma utilities. Tacoma's street network intersects with the street network found in these two areas. For these reasons and others, the Browns Point and Dash Point areas are a natural expansion trea for the City of Tacoma when the citizens residing in these. areas wish to become a part ôf our city 747 Market Street. Room 900 I Thcoma, Washington 98402-3793 I (253) 591-5364 httpJ/www.cityottacoma,org . . Kathy McClung, Director November 22, 2004 . Page 2 lXHIB¡'; C PAGE 20F: z" In your1etter, ou ago\l~brrJl~bdut Tacoma's long- or short-term plans for these areas. Our .,."..12!l -term '\~~ t~is ~t changed since we first proposed these. areas for .designation as part 0 Tacoma's u[1ja~~ a~ea, In the short term, members of our City CouncIl have requested a study to assess the fiscal costs and benefits if annexation were to occur. This study is currently underway. I would suggest that we meet in the near future to discuss Federal Way's interest in the Brown's Point and Dash Point areas. I would be most interested in learning the rationale for pursuing annexation in these areas and the information used to determine that this course of action is warranted or desired by the affected citizens. Please call me at your earliest convenience to establish a mutual agreeable time to meet. ;Z;¡y, Ryan~~ Director c: Mayor Bill Baarsma and Members of the City Council Jim Walton, City Manager John Ladenburg, Pierce County Executive STR DOCUMENT VIEW - - E_XH I LT PAGE ( Federal Way City Owncll Regldllr Meettng Mlmltei June I, 2004 - Page." of? Page 2 of 3 D '" OF.. 2- Item (b)/Clty Ce.nte.r Access Study/Stakeholder Selection Approval; CouncHmember Dovey noted he wou]d like to have a staff update on this item it there are additions] names to add to the list. Public Works Traffic Engineer Maryanne Zukowski was pleased to report thl currently thirty-two (32) members on the stakeholder Est. ' She noted the list is CO! of nineteen (19) citiuns seven (1) agency representatives, imd six (6) elected offic COUNCILl\..IEMBER DOVEY MOVED APPROVAL OF THE CITY CE ACCESS STUDY/STAKEHOLDER SELECTION AS PlŒSE1 COUNCILMEMBER PARK SECOND. The maliGn passed as follows: Burbidge. Dovey Faison Ferrell yes yes yes Ye8 K 0 C hm.a.r McColgan Park Item (e)/Enterprìse Neighborhood Traffic SaJetynCh Ave SW: yes yes yes Councilmember Dovey was pleased to see fuilì item on tonight' G agenda, as it is th of concerned citizen:) who we;nt through the process to make changes ín their conlll COUNCILMEMBER DOVEY MOVED APPRQV AL OF ITEM (e)1 ENTER NEIGHBORHOOD TRAFFIC SAFETY/7TH AVE SW AS PRESENTED¡ HE MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrel1 yes yes yes ye!ì Kochmar McColgan Park Item (g)/Potential Brown's Point Annexation Area: yes yes yeR Coundlmembe.r Faison noted this item was forwarded from the Land Use/Tramp¡ Committee fun Council with the recommendation to initiate a Pierce Comprehensive Plan amendment which \"'Quld give the citizens a choice between or King County. After discusging with colleagues and lìt.aff, he. prefen to forward h Up :/Iintranet. federalway .local/web I ink/Doc View .asp ?DocumentID= 18993 5&F 0 IderID=46... 1/512005 STR DOCUMENT VIEW - - Page 2 of 3 EXHIBIT D PAGE J- OF.. 2 Feðeral Way Clt» Council Regular Meelmg Minutes June. /, 1004 '- Pflxe 5 of ~ DISCUSSION WITH CITY OF TACOMA, (2) INITIA TE PIERCE CO COMPREHENSIVE PLAN AMENDMENTt (3) PROCESS FEDERAL COMPREHENSIVE PLAN A1\'IENDMENTS - SEPA REVIE\V, (4) GA ADDITIONAL GIS DATA; COUNCILMEMBER DOVEY SECOND. The. passed as follows: Burbidge Dovey Faí~on Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VI. PUBLIC HEARING Potential Annexation Area Sub!ll'e8. Plan Mayor McColgan read procedures to be followed fot' the Public Hearing and open~d hearìng at 7:25 p.m, ' Councilmember Ferrel] announced he would recuse himself a.nd left Council Chambt the Public Hearing portion of the agenda, . Staff Report Federal Way's Planning Consultant Gregg Dorhn made a. brief presentation to { regarding the Potential Annexation Area Subarea Plan. . Citize.n Comment Suzie Horan ~poke in support of the rezone of the Jackson property. Thoma& Barnes spoke in support of the rezone of the Jackson property, Carla LaSteHa spoke in opposition of changing the mning on the Jackson property Bryan Cope spoke in opposition of changing the zoning on the Jackson property, Louise Davis spoke in support of rezoning her property, http://intranet.federalway.local/weblinklDocView .asp ?DocumentID= 18993 5&F 0 IderID=46.., 1/5/2005 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: January 4, 2005 Land Useffransportation Committee David M6s::~!~~~~anager Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner I~ ~\L/ VIA: FROM: SUBJECT: 2005 Planning Commission and Long Range Planning Work Program MEETING DATE: January 10, 2005 A. REQUESTED ACTION Request that the Land Use Transportation Committee prioritize the 2005 Planning Commission Work Program and forward a recommendation of approval to the City Council. B. BACKGROUND At the beginning of each calendar year, the Planning Commission's work program for that year is approved by the City Council. The purpose of this memorandum is to assist the LUTC and City Council in approving a work program. We have, therefore, provided you with the status of those items approved as part of previous years' work programs that are still in process and would carry over into the 2005 Planning Commission Work Program. In addition, we would like to make you aware of those amendments required to be completed based on state law requirements. Lastly, we are asking you to prioritize new potential 2005 work program items. For background purposes only, we are also including a list of the reporting and monitoring that City staff completes for King County and the state on an annual basis. c. INPUT FROM PLANNING COMMISSION Staff presented the potential work program to the Planning Commission and requested their input at their December 15,2004, meeting. The Planning Commission recommended that the following items be included in the work program: 1. Address standards for parking and storage of recreational vehicles and boats in residential zones. During the December 10,2003, Planning Commission public hearing on the oversized vehicle code amendments, the Planning Commission recommended that no change be made at that time to the portion of the regulations governing recreational vehicles, trailers, and boats. They stated that changes would be entertained at a future Planning Commission public hearing that would be publicized to encourage the attendance and input of owners of such vehicles. This potential code amendment is included in Table IV for prioritization. 2. Review standards for parking of oversize vehicles on public roads. During the public process on the oversized vehicle code amendments, there were concerns from citizens that if oversized commercial vehicles were prohibited from parking on residential lots, they would be parked on the adjoining public streets. Regulations concerning on-street parking are located within Federal Way City Code (FWCC) Chapter 15, "Traffic and Vehicles," and are not under the purview of the Planning Commission; therefore, this potential code amendment is not included in Table IV. 3. Adopt standards to the City Center in order to discourage one-story commercial buildings. As part of the 2002 code amendments, the Planning Commission and LUTC studied a similar code amendment intended to more efficiently use scarce downtown land through multistory mixed-use, pedestrian-scale development by adopting supplementary development standards for large-scale retail, office, and entertainment uses in the City-Center Core (CC-C). These code amendments were not adopted at that time. However, based on input from the public and direction from the Planning Commission and LUTC, they were to be reintroduced as part of a bundle of proposals intended to foster redevelopment in the downtown. This code amendment is included in Table IV for prioritization. 4. Increase height and density in the downtown Through the Planned Action SEP A process, the City will be considering increasing height limits for mixed-use development from 85 feet to 145 feet, or possibly 200 feet, for the City Center Core. This code amendment is included in Table I as a carry-over item, and therefore, is not included in Table IV for prioritization. D. 2004 PLANNING COMMISSION WORK PROGRAM - ITEMS TO BE CARRIED OVER INTO 2005 Table I shows amendments that were started in prior years, but that are not yet completed. TABLE I Description Status Required by State Law 2004 Comprehensive Plan Update. The City The draft Housing Chapter has been RCW 36.70A.470 requires has received one new site-specific request for completed, The site-specific request that cities consider a change in comprehensive plan designation will be presented to the City amendments to their and zoning. Staff will also be amending Council for the Selection Process in comprehensive plan ffom Chapter 5, "Housing," to incorporate Census February 2005.1 interested parties on at least an 2000 data and other demographic changes. annual basis. I All requests for site-specific comprehensive plan amendments and changes to the development regulations are subject to the Selection Process. 2 Description Status Required by State Law 2004 Development Regulations Update. The Not started. RCW 36.70A.470 requires City has received two requests for a change to that cities consider FWCC Chapter 22, Article XVIII, "Signs." amendments to their One is to allow day cares to advertise year- development regulations trom round with banners that they have child care interested parties on at least an spaces available. The other is to amend the annual basis. section relating to real estate signs to allow for directions to open houses. I Traffic Impact Fee and Concurrency This study is anticipated to be RCW 36.70A.070(6)(b) Management System completed in the first quarter of requires jurisdictions to adopt 2005. an ordinance for transportation concurrency. Amendments relating to development Work is being done as part of the No regulations for multiple family developments SEP A Planned Action EIS. in the City Center Core and Frame. These amendments are intended to encourage the construction of multiple family mixed use development by making changes to the development regulations, such as allowing increased height and density and revising or removing the requirement for provision of public open space. Amend FWCC Chapter 22, Article XVIII, Draft staff report has been No "Signs," to provide for commercial prepared. advertising signs for athletic fields. Amend FWCC Chapter 22, Article XVIII, Draft code language has been No "Signs," to include treeway commercial signs prepared. Amend FWCC Chapter 18, Article III to add A consultant has been hired to No flexibility in measuring the shoreline prepare the code amendment. stringline setback. Research allowable uses in the Neighborhood Research is in process. No Business Zone to meet changing market conditions.2 Amend the FWCC to require applicants to Not started. No hold traffic-related neighborhood meetings, when necessary, to mitigate traffic impacts. 2 Money to conduct this study was included in the 2003 budget. 3 E. AMENDMENTS REQUIRED BY STATE LAW TABLE II Description Status Required by State Law 2005 Comprehensive Plan Update. Not started. RCW 36.70AA70 requires that cities consider amendments to The City has received five new their comprehensive plan from interested parties on at least an site-specific requests for a change annual basis. in comprehensive plan designation and zoning.3 ~ Adopt reasonable measures to Not started. Pursuant to RCW 36.70A.215, the Buildable Lands section ensure that the City has adequate requires the implementation of a review and evaluation program capacity to accommodate its by King County and its cities, The Buildable Lands evaluation, targets. which covered the period 1996 through 2000, found that the City of Federal Way's target of6,188 households for 2001-2022 exceeded its capacity of5,538 by 650. RCW 36.70A.215(1)(b) requires that jurisdictions identify reasonable measures, other than adjusting urban growth areas, to increase its capacity in order to accommodate its targets. Reasonable measures include adoption of policies, regulations, incentives or other actions as part of their comprehensive plan and development regulations update. Potential measures include increasing densities in appropriate areas of the City, such as along major corridors, adoption of cottage housing regulations, lot size averaging, and zero lot line development. Research compliance with the Not started. Recent Central Puget Sound Growth Management Hearings GMA of density lower than four Board (CPSGMHB) decisions have adopted a "bright line" rule, dwelling units per net acre. which requires comprehensive plans and development regulations within Urban Growth Areas (UGAs) to have densities no less than four dwellings units per net acre. The board recognized a limited exception for environmentally sensitive systems that are large in scope (e.g., watershed or drainage subbasin), where their structure and functions are complex and their rank order value is high. As a response to the CPSGMHB decision, the City must evaluate its low-density zones. F. POTENTIAL NEW WORK ITEMS FOR THE 2005 PLANNING COMMISSION WORK PROGRAM TABLE II Description Initiated by Required by State Law Research changes to FWCC Section 20-179, Staff. This issue has No "Retention of Vegetation," to determine the extent ofa come up as part of recent site that can be cleared for installation of infrastructure preliminary plats. and preparation of building lots. Address standards for parking and storage of Planning Commission No recreational vehicles and boats in residential zones. 3 All requests for site-specific comprehensive plan amendments and changes to the development regulations are subject to the Selection Process. 4 Description Initiated by Required by State Law Adopt standards for the City Center in order to Planning Co!1lIllission No discourage one-story commercial buildings. As part of and LUTC the 2002 code amendments, the Planning Commission and LUTC studied a similar code amendment. These code amendments were not adopted at that time. However, based on input from the public and direction from the Planning Commission and LUTC, they were to be reintroduced as part of a bundle of proposals . intended to foster redevelopment in the downtown. Remove inconsistencies between FWCC Chapter 22, Staff No Article IV, "Nonconformance," and Article XVI, "Improvements," pertaining to who is authorized to conduct an appraisal of property. Amend FWCC Section 22-1006, "Development Staff No Activities and Heavy Equipment Operations," to allow the Director of Community Development Services the flexibility to determine allowable hours of operation on a case-by-case basis. G. OTHER LONG RANGE PLANNING RESPONSIBILITIES Table IV shows reporting or monitoring work that is required by King County or the State of Washington to be done on an annual basis. TABLE IV Description Status Required by State Law ANNUAL REPORTS Office of Financial This is an annual report provided to the State RCW 43.62.030 requires OFM to Management Yearly Office of Financial Management (OFM) annually determine the population of Population Estimate Report all cities and towns of the State of Washington as of April 151, King County Benchmark and This is an annual data request made of all cities RCW 36.70A.130 required Annual Growth Information by King County to fulfill requirements of the Countywide Planning Policies Report Growth Management Act (GMA) (CWPP's) to be adopted by King County by July I, 1992. The cpr's set up the Benchmark Program to assess progress in meeting the CPP's. Track and Inventory Under the Buildable Lands Program, six RCW 36,70A.215 requires evaluation Buildable Lands counties, including King County, must of data collected under the Buildable annually collect data on land capacity and Lands Program. development activity from their cities and unincorporated areas 5 H. OPTIONS The LUTC and/or City Council can add additional work items to the 2005 work program. Once all the items are on the list, the staff can work with the LUTC to prioritize the list, or come back to your next meeting with a recommendation for prioritization, Once the LUTC has approved a prioritization, the following motion would be appropriate. I. STAFF RECOMMENDATION "I recommend approval of the Planning Commission Work Program as prioritized by the Land Use Transportation Committee." J. COMMIITEE RECOMMENDATION Forward LUTC recommendation to the full City Council for approval on AI'PROV AL OF COM1\! ITTEE REI'ORT: ---------._---- -'-- Jack Dovey, Chair Michael Park, Member Eric Faison, Member 1:\2005 Planning Commission Work Program\012405 LUTC Staff Report.dodl/512005 8:44 AM 6