HomeMy WebLinkAboutMirror Lake Highland HEX Staff Report with Exhibits
Staff Report to Hearing Examiner Page 1 of 4
Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO HEARING EXAMINER
MIRROR LAKE HIGHLAND PLAT ALTERATION
Federal Way File No. 21-102213-SU
Report prepared by Jim Harris, Senior Planner, August 4, 2021
Public Hearing – Wednesday, August 11, 2021 – 10:00 AM
Via Zoom – 1 253 215 8782, 1 206 337 9723, 213 338 8477
888 788 0099 (Toll Free) or 877 853 5247 (Toll Free)
Webinar ID: 964 9364 1243 / Passcode: 999714
https://cityoffederalway.zoom.us/j/96493641243?pwd=ZUZSSFZUR2Zzbm5odW4xQVlkL292dz09
I RECOMMENDATION
Approval of the Mirror Lake Highland Plat alteration application to eliminate note 5 on sheet 2 is
recommended (Exhibit A – Plat Alteration Application). City of Federal Way staff has reviewed the plat
alteration application and find it complies with the Federal Way Revised Code (FWRC).
II SUMMARY
Meeting Date: Hearing Examiner Public Hearing; August 11, 2021; 10:00 AM.
Plat Location: The proposal pertains to the entire Mirror Lake Highland final plat located generally at
604 SW 312th Street, Federal Way, WA; King County parcel’s 555790-0010; -0020; -
0030; -0040; -0050; -0060; -0070; -0080; -0090; -0100; -0110; -0120; -0130; -0140; -
0150; & -0160.
Application
Description: Application to alter/revise the recorded Mirror Lake Highland Plat to eliminate note 5 on
sheet 2 of the recorded plat that references an affordable housing requirement on lots 7
and 13 (Exhibit B – Mirror Lake Highland Plat Alteration / Amendment Map).
Specifically, the application is to remove the plat note which states: “Affordable Housing
Lots – Lots 7 and 13 are designated as affordable housing units per City of Federal Way
Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section
19.250.150. The affordable housing sales covenant, as approved by the City, shall be in
force for 15 years from initial occupancy.” According to procedures outlined in FWRC
18.45.040, the applicant requests alteration of the recorded final plat to eliminate note 5
on sheet 2 regarding affordable housing. The Hearing Examiner will hold a public
hearing on the application, and make a written recommendation to the City Council. The
City Council will make the final decision on the application.
Staff Report to Hearing Examiner Page 2 of 4
Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561
Mirror Lake Highland is a recorded 16-lot single-family residential subdivision for a
cottage housing project on approximately 1.85 acres. The Mirror Lake Highland final plat
application was granted approval by the Federal Way City Council on January 15, 2019,
via City Council Resolution 19-748 (Exhibit C).
Access to Mirror Lake Highland is from the north side of SW 312th Place onto a new
private roadway (6th Lane SW) within the plat. All required roads, sidewalks, storm
drainage facilities, sewer lines, water lines, and related improvements for the project have
been constructed, or are financially guaranteed. New single-family residences have been
constructed on each of the 16 lots in the Mirror Lake Highland Plat, except lots 7 and 13
are still vacant and undeveloped.
Applicant: Bill McCaffrey
Mirror Lake Highland LLC
30929 37th Place SW
Federal Way, WA 98023
253-709-8747, bill@thenexusstudio.com
Surveyor: Informed Land Survey
Evan Wahlstrom
PO Box 5137
Tacoma, WA 98415
Water: Lakehaven Water and Sewer District
Sewer: Lakehaven Water and Sewer District
Fire District: South King Fire and Rescue
School
District: Federal Way Public Schools
III HISTORY AND BACKGROUND
Federal Way Comprehensive Plan (FWCP) and zoning designation for the subject property are Single
Family High Density Residential and RS 7.2, respectively. The Mirror Lake Highland Plat is a cottage
housing project as discussed below.
Cottage Housing – In 2006, the Federal Way City Council adopted a cottage housing ordinance, which
authorized cottage housing on a demonstration project basis. FWRC 19.05.030(C), defines cottage
housing development (CHD) as a residential lot development consisting of clusters of between 4 and 16
detached dwelling units that include cottages and may include compact single-family (CSF) units that
meet specific criteria that limit the size of the building, and contain requirements for common open space
and specific architectural design standards. Cottage homes are restricted in square footage but are allowed
at roughly twice the density permitted by the underlying zone, are single-family ownership homes, and
are characterized by home orientation to a shared central open space.
At the time of the CHD review and approval, the FWRC included an affordable housing bonus that
allowed a CHD to exceed the base level of 12 dwelling units up to a total of 16 dwellings, provided one-
half of all dwelling units over the base level of 12 were designated for affordable housing. For the Mirror
Lake Highland Plat, 16-lots were approved, subject to two of the lots being for affordable housing.
Staff Report to Hearing Examiner Page 3 of 4
Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561
Preliminary Plat – The 16-lot Mirror Lake Highland Preliminary Plat was granted approval by the
Federal Way City Council on November 4, 2008, per Resolution 08-535. The 1.85-acre subdivision
includes tracts for storm drainage, lot access, landscaping, and open space/common areas.
Final Plat – The 16-lot final plat of Mirror Lake Highland was approved by the City Council on January 15,
2019, via City Council Resolution 19-748.
Home Construction – A cottage or compact single-family residence has been constructed on each of the
16 lots in the Mirror Lake Highland Plat, except lots 7 and 13 are undeveloped and vacant.
IV STATE ENVIRONMENTAL POLICY ACT (SEPA)
On July 20, 2021, for the proposed plat alteration, the city issued a SEPA addendum (Exhibit D) to the
original SEPA Determination of Nonsignificance (DNS) for the April 16, 2008, preliminary plat application.
V FINDINGS OF FACT
1. The applicant and majority of owners of lots in Mirror Lake Highland Plat have applied to alter the
recorded plat map to eliminate note 5 on sheet 2 of the recorded final plat map. Note 5 states:
“Affordable Housing Lots – Lots 7 and 13 are designated as affordable housing units per City of
Federal Way Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section
19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15
years from initial occupancy.”
2 FWRC Chapter 18.45 governs the alterations of plats.
3. The Mirror Lake Highland final plat was approved by the City Council on January 15, 2019, via City
Council Resolution 19-748. As required by FWRC 19.250.150, in effect at the time of preliminary
and final plat approval, a note implementing FWRC 19.250.150 requiring affordable housing on lots
7 and 13 was placed on the final plat map.
4. At the time the Mirror Lake Highland preliminary plat application (file 07-106874-SU, November 4,
2008) and the final plat application (18-104198-SU, January 15, 2019) was approved by the City
Council, FWRC 19.250.150 regarding affordable housing bonus was in effect and applicable to the
Mirror Lake Highland Cottage Housing Plat. FWRC 19.250.150 was titled: Affordable housing bonus
in RS zoning classifications. In summary, FWRC 19.250.150 stated in part: In the RS zones, CHD’s
that include affordable units may exceed the base level of 12 dwelling units up to a total of 16
dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level
of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if
two of these are affordable)” (Exhibit E – Repealed FWRC 19.250.150).
5. City Council Ordinance 20-899 (Exhibit F) approved by the City Council on November 4, 2020,
repealed in entirety FWRC 19.250.150 which contained the affordable housing bonus standard for a
cottage housing development.
6. Following City Council adoption of Ordinance 20-899, an application was submitted to the city to
alter the Mirror Lake Highland Plat, to eliminate the affordable housing requirement on lots 7 and 13
Staff Report to Hearing Examiner Page 4 of 4
Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561
as specified on note 5 sheet 2 of the Mirror Lake Highland recorded plat. Elimination of note 5 on the
final plat, if approved, would allow lots 7 and 13 to be developed and sold without an affordable
housing requirement.
7. The application to eliminate note 5 on sheet 2 of the Mirror Lake Highland final plat is consistent
with current FWRC Ordinance 20-899, which repealed the prior affordable housing bonus in a CHD
formerly codified under FWRC19.250.150. No other portions of the FWRC require affordable
housing for a 16-lot single family plat.
8. Other than eliminating note 5 on sheet 2 of the Mirror Lake Highland Plat map, no other changes or
alterations to the plat are requested or proposed.
9. The plat alteration application is consistent with FWRC 18.45.050(2), as the application does not
affect: the land division design; lot design; open space and recreation; and pedestrian and bicycle
access. All of these above design requirements were reviewed and approved with the final plat
application review and approval by the City Council on January 15, 2019, via Resolution 19-748.
10. The plat alteration application is consistent with FWRC 18.45.050(3), as the application does not
affect: street improvements and dedication of rights-of-way and/or easements; density regulations;
streets and rights-of-way; water; sewer disposal; storm drainage; other utilities; street lighting; and
monuments. All of these above development standards were reviewed and approved with the final
plat application review and approval by the City Council on January 15, 2019, via Resolution 19-748.
VI CONCLUSION
The application to eliminate note 5 on sheet 2 of the Mirror Lake Highland Plat is consistent with the
current FWRC. City Council adoption of Ordinance 20-899 eliminated the prior provision for affordable
housing bonus units in a CHD. The plat alteration application does not impact and is consistent with the
design requirements and development standards in FWRC 18.45.050(2) and (3). City of Federal Way staff
have reviewed the plat alteration application and recommend approval of the Mirror Lake Highland Plat
alteration to eliminate note 5 from sheet 2, as the application complies with current FWRC based on the
findings above.
VII EXHIBITS
Exhibit A Plat Alteration Application
Exhibit B Mirror Lake Highland Plat Alteration / Amendment Map, received June 25, 2021
Exhibit C City Council Resolution 19-748, Approving Mirror Lake Highland Final Plat
Exhibit D SEPA Addendum to DNS, July 20, 2021
Exhibit E Repealed FWRC 19.250.150
Exhibit F City Council Ordinance 20-899 repealing FWRC 19.250.150
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
DEDICATION
EVAN MARK WAHLSTROM, LS#44651 EXP 10/04/22
LAND SURVEYOR'S CERTIFICATE
NATEAVESTOR
LHAM
NEGI S T E R
WA
R EDO F SHIN
G
TO44651
S
T
MW
1
OF
SHT.
CHECKED:EW
DATE: 6/24/2021 JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLAND
10
PLAT AMENDMENT
ACKNOWLEDGMENTS
7
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
2
OF
SHT.
CHECKED:EW
DATE: 6/24/2021 JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLAND
10
PLAT AMENDMENT
ACKNOWLEDGMENTS
NATEAVESTORLHAM
NEGI S T E R
WA
R EDO F SHIN
G
TO44651
S
T
MW
ACKNOWLEDGMENTS
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
DEPARTMENT OF PUBLIC WORKS
KING COUNTY FINANCE DIVISION CERTIFICATE
KING COUNTY DEPARTMENT OF ASSESSMENTS
RECORDING CERTIFICATE
3
OF
SHT.
CHECKED:EW
DATE: 6/24/2021 JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLAND
FEDERAL WAY CITY COUNCIL
DEPARTMENT OF COMMUNITY DEVELOPMENT
10
PLAT AMENDMENT
APPROVALS
NATEAVESTORLHAM
NEGI S T E R
WA
R EDO F SHIN
G
TO44651
S
T
MW
LEGAL DESCRIPTION SUBDIVISION NOTES
4
OF
SHT.
CHECKED:EW
DATE: 6/24/2021 JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLANDNATEAVESTOR
LHAM
NEGI S T E R
WA
R EDO F SHIN
G
T
O44651
S
T
MW
10
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
PLAT AMENDMENT
5
OF
SHT.
CHECKED:EW
DATE: 6/24/2021 JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLAND
EASEMENTS AND EXCEPTIONS
NATEAVESTOR
LHAM
NEGI S T E R
WA
R EDO F SHIN
G
T
O44651
S
T
MW
10
’
TRACT NOTES
“”
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
PLAT AMENDMENT
6TH LANE SWSW 312TH STREET
10
6
OF
SHT.
CHECKED:EW
DATE: 6/24/2021
SCALE: 1"=20'
JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLANDNATEAVESTOR
LHAM
NEGI S T E R
WA
R EDO F SHIN
G
T
O44651
S
T
MW
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
PLAT AMENDMENT
6TH LANE SW10
7
OF
SHT.
CHECKED:EW
DATE: 6/24/2021
SCALE: 1"=20'
JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLANDNATEAVESTOR
LHAM
NEGI S T E R
WA
R EDO F SHIN
G
T
O44651
S
T
MW
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
PLAT AMENDMENT
10
8
OF
SHT.
CHECKED:EW
DATE: 6/24/2021
SCALE: 1"=20'
JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLANDNATEAVESTOR
LHAM
NEGI S T E R
WA
R EDO F SHIN
G
T
O44651
S
T
MW
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
PLAT AMENDMENT
10
9
OF
SHT.
CHECKED:EW
DATE: 6/24/2021
SCALE: 1"=30'
JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLANDNATEAVESTORLHAMN
EGI S T E R
WA
R EDO F SHIN
G
TO44651
S
T
MW
“”
”
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
PLAT AMENDMENT
10
10
OF
SHT.
CHECKED:EW
DATE: 6/24/2021
SCALE: 1"=30'
JOB NO.: MCCAW-170817
INDEX DATA:
SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING COUNTY, WA
DRAFTED: JR
BILL MCCAFFREY
604 312TH ST SW
FEDERAL WAY, WA
MCCAW-170817, PLAT AMENDMENT
informed land survey
PO Box 5137
Tacoma, WA 98415-0137
LAND SURVEYING • MAPPING • CONSTRUCTION LAYOUT
Phone: 253-627-2070
admin@i-landsurvey.com
www.i-landsurvey.com
MIRROR LAKE HIGHLANDNATEAVESTORLHAMN
EGI S T E R
WA
R EDO F SHIN
G
TO44651
S
T
MW
MIRROR LAKE HIGHLAND
SW 1/4 OF THE NE 1/4 OF SECTION 7 , T21N, R4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
PLAT AMENDMENT
RESOLUTION NO. 19-748
A RESOLUTION of the City of Federal Way, Washington, approving
the Mirror Lake Highland Final Plat, Federal Way, Washington, File
No. 18-104198-00-SU.
WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance
that authorized cottage housing projects on a demonstration project basis; and
WHEREAS, the 16-unit cottage housing project known as Mirror Lake Highland
Cottages, designed by owner William J. McCaffrey, was selected by the Cottage Housing
Selection Committee to advance forward as a demonstration cottage housing project subject to
certain conditions; and
WHEREAS, on September 26, 2008, the Federal Way Hearing Examiner conducted a
public hearing on the Mirror Lake Highland Preliminary Plat application resulting in the report
and recommendation of the Federal Way Hearing Examiner, dated October 10, 2008; and
WHEREAS, the Mirror Lake Highland Preliminary Plat, City of Federal Way File No.
07-106874-00-SU, was approved subject to conditions on November 4, 2008, by Federal Way
City Council Resolution No. 08-535, which adopted the Hearing Examiner's findings and
conclusions subject to revisions identified as Exhibit B Corrections to the Staff Report Entered
into the Record on September 26, 2008; and
WHEREAS, prior to the expiration of the preliminary plat approval, the Community
Development Department approved extensions to the preliminary plat approval, dated August 8,
2014 and November 3, 2017; and
WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in
Resolution 08-535 and the conditions of the plat approval extensions; and
Resolution No. 19-748 Page 1 of 5
WHEREAS, the City of Federal Way's Community Development Department and Public
Works Department staff have reviewed the proposed final plat for its conformance to the
conditions of preliminary plat approval and final plat decisional criteria, and their analysis and
conclusions are set forth in the Community Development Department Staff Report, dated
January 7, 2019, which is hereby incorporated by reference as though set forth in full; and
WHEREAS, the City Council Land Use and Transportation Committee reviewed and
considered the application and staff report for the Mirror Lake Highland Final Plat during its
meeting on January 7, 2019; and
WHEREAS, the City Council reviewed and considered the application and staff report
for the Mirror Lake Highland Final Plat during the City Council's regular meeting on January 15,
2019.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Findings and Conclusions.
1. The Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198-00-
SU, is in substantial conformance to the preliminary plat and is in conformance with
applicable zoning ordinances or other land use controls in effect at the time the
preliminary plat application was deemed complete.
2. Based on, inter alia, the analysis and conclusions in the staff report, dated January 7,
2019, which are adopted herein by reference, and on the City Council's review of the
application for final plat, the proposed subdivision makes appropriate provision for
public health, safety, and general welfare, and for such open spaces, drainage ways,
streets or roads, alleys, other public ways, transit stops, potable water supplies,
Resolution No. 19-748 Page 2 of 5
sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as
are required by city code, or which are necessary and appropriate, and provides for
sidewalks and other planning features to assure safe walking conditions for students
who walk to and from school.
3. The public use and interest will be served by the final plat approval granted herein.
4. All conditions listed in Federal Way City Council Resolution No. 08-535, dated
November 4, 2008, have been satisfied, and/or satisfaction of the conditions have
been sufficiently guaranteed by the applicant as allowed by the application's vested
provisions of Federal Way City C ode 20-135.
5. All required improvements for final plat approval have been made, and/or sufficient
bond, cash deposit, or assignment of funds have been accepted as guarantee for
completion and maintenance of all required plat improvements as identified in the
Staff Report.
6. All taxes and assessments owing on the property being subdivided have been paid, or
will be paid,prior to recording the final plat.
Section 2. Application Approval. Based upon the Findings and Conclusions contained in
Section 1 above, the Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198-
00-SU, is approved as identified in the January 7, 2019 staff report.
Section 3. Recording. The approved and signed final plat, together with all legal
instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded
with the King County Recorder's Office. The applicant shall pay all recording fees.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Resolution No. 19-748 Page 3 of 5
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized
to make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 15th day of January, 2019.
Signature Page Follows]
Resolution No. 19-748 Page 4 of 5
CITY OF FEDERAL WAY:
JI. ER'ELL, MAYOR
ATTEST:
STE' - A IE COURTNEY, CMC, 141Y CLERK
APPROVED AS TO FORM:
2-
J.RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 01/09/2019
PASSED BY THE CITY COUNCIL: 01/15/2019
RESOLUTION NO.:19-748
Resolution No. 19-748 Page 5 of 5
Addendum to Determination of Nonsignificance (DNS)
21-102752-SE
Name of Proposal: Mirror Lake Highland Cottage Housing Plat Alteration
City File: 21-102752-SE (Addendum); 07-106875-SE (DNS)
DNS Issued:
Description of Proposal:
April 16, 2008
Addendum to the April 16, 2008, above-referenced DNS due to the applicant’s
request to alter the recorded plat to eliminate the affordable housing
requirement on Lots 7 and 13.
Applicant: Bill McCaffrey, 253-709-8747, bill@thenexusstudio.com
Location: The proposal pertains to the whole Mirror Lake Highland final plat located
generally at 604 SW 312th Street, Federal Way, WA; parcel’s 555790-0010; -
0020; -0030; -0040; -0050; -0060; -0070; -0080; -0090; -0100; -0110; -0120; -
0130; -0140; -0150; & -0160
Lead Agency: City of Federal Way
Staff Contact: Senior Planner Jim Harris, jim.harris@cityoffederalway.com
253-350-9283
Description of Addendum
This addendum issued per WAC 197-11-625 is required to alter the recorded final plat of Mirror Lake
Highland. The city has received an application to eliminate the note on the Mirror Lake Highland plat map
that requires affordable housing on Lots 7 and 13. All of the plat infrastructure is constructed, and
individual homes have been constructed on all of the lots in Mirror Lake Highland except Lots 7 and 13. No
changes to the environment will occur with this proposed action. The only proposed change is to eliminate
the affordable housing requirement on the plat for the two remaining lots (numbers 7 and 13). The proposed
action to eliminate the affordable housing requirement for Lots 7 and 13 is consistent with the current
Federal Way Revised Code (FWRC). On November 4, 2020, the Federal Way City Council via ordinance
20-899 eliminated the previous requirement in FWRC 19.250.150 titled: affordable housing bonus in RS
zoning classifications.
A DNS was issued on April 16, 2008, for the original preliminary plat proposal and no SEPA mitigation
was required. No appeals were submitted to the city on the original DNS. A SEPA addendum is necessary
for the proposed alteration of the recorded Mirror Lake Highland final plat.
No new or substantially different environmental impacts are anticipated. The proposal will result in two
middle-income housing units rather than two affordable housing units, consistent with current FWRC 19.250.
NOTE: There is no comment period for this addendum per WAC 197-11-625.
Responsible Official: Brian Davis, Community Development Director, 253-835-2612
33325 8th Avenue South, Federal Way, WA 98003-6325
Signature: Date Issued: July 20, 2021 / Digitally Signed July 19, 2021, at 11:52 AM
ORDINANCE NO. 20-899
AN ORDINANCE of the City of Federal Way, Washington, relating
to updating the zoning and development code; amending FWRC
19.250.030; repealing 19.250.150 (Amending Ordinance No. 06-533
and repealing Ordinance No. 08-580)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state
and federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to amend development
regulations in Title 19.250 FWRC and Ordinance 08-580 to encourage middle-income housing
development in the City of Federal Way providing opportunities for single family housing
without requiring relatively large amounts of property; and
WHEREAS, Ordinance 08-580 classifies cottage housing as "demonstration projects"
and limits such projects to three throughout the City of Federal Way thereby limiting the
potential of cottage housing; and
WHEREAS, 19.250.030 currently demonstrates that a cottage housing development can
support a project up to sixteen units and be compatible with surrounding single-family
development; and
Ordinance No. 20-899 Page 1 of 6
WHEREAS, a recent study conducted by ECONorthwest shows a need for homes
available for families making over eighty percent (80%) of the established Area Median Income
AMI) in the City of Federal Way; and
WHEREAS, Chapter 19.250.030(1)(b) FWRC inhibits the total number of needed
medium income housing units that may be provided in one development; and
WHEREAS, increased costs for building single-family units have prevented the
development of new single-family units for families earning less than eighty percent (80%) AMI;
and
WHEREAS, the Planning Commission conducted public discussion of these code
amendments on September 2, 2020; and
WHEREAS, an Environmental Determination of Non-significance (DNS) was properly
issued for the Proposal on August 21, 2020 and no comments or appeals were received and the
DNS was finalized on September 25, 2020; and
WHEREAS, the Planning Commission properly conducted duly noticed public hearing
on these code amendments on September 16, 2020 and forwarded a recommendation of approval
to the City Council as follows:
1) To amend FWRC 19.250.030(1)(b) by eliminating the language in this section
requiring that two of the units in a sixteen-unit development be affordable per FWRC
19.250.150;
2) To amend FWRC 19.250.150 by eliminating the language of "affordable housing
bonus in RS zoning classifications;"
Ordinance No. 20-899 Page 2 of 6
3) To amend Ordinance 08-580 so cottage housing is not considered a demonstration
project and such development is not limited to three such projects in the City of Federal Way;
and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these proposed code amendments on October 5, 2020, and recommended adoption of
the text amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SectionIT 1. Findiiigs. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by providing needed single-family housing within the City of
Federal Way.
b) These code and ordinance amendments comply with Chapter 36.70A RCW,
Growth Management.
c) These code and ordinance amendments are consistent with the intent and purpose
of Title 19 FWRC, and will implement and are consistent with the applicable provisions of the
Federal Way Comprehensive Plan.
d) These code and ordinance amendments bear a substantial relationship to, and will
protect and not adversely affect, the public health, safety, and welfare.
e) These code and ordinance amendments have followed the proper procedure
required under the Federal Way Revised Code.
Ordinance No. 20-899 Page 3 of 6
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
a) The proposed FWRC amendments are consistent with, and substantially
implement,the following Federal Way Comprehensive Plan goals and policies:
1) HP8 - Consider the economic impact of all development regulations on
the cost of housing.
2) HG3 - Develop a zoning code that provides flexibility to produce
innovative housing solutions, does not burden the cost of housing
development and maintenance, and diversifies the range of housing types
available in the City.
3) HG4 - Proactively plan for and respond to trends in housing demand.
4) HP 14 - Review zoning, subdivision, and development regulations to
ensure that they further housing policies, facilitate infill development and
don't create unintended barriers.
5) HP20 -Periodically review and update development regulations to
incorporate opportunities for new housing types.
6) LUG3.1 - Provide a wide range of housing densities and types in the single-
family designated areas.
b) . The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they provide clarification and improve processing of land use
actions.
c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because it encourages more moderate sized and priced housing for
middle income home buyers.
Ordinance No. 20-899 Page 4 of 6
Section 3. FWRC 19.250.030 is hereby amended to read as follows:
CHDs shall be subject to the following development standards in FWRC 19.250.030 through
19.250.170.
1) Cottage housing development size.
a) CHDs are not permitted on sites less than .75 acres in size (a site may be composed of
more than one contiguous lot).
b) CHDs shall contain clusters consisting of a minimum of four dwelling units and a
maximum of 16 unitsAff4SS l..a ittld h
r.r— rte„Ufl4es,s... dd, 1 clwll ° ape .,, ;. ubw C19 10 A CHD may
be integrated into a larger conventional subdivision. Maximum number of dwelling units is not
limited in the RM zoning classifications.
Section 4. FWRC 19.250.150 is hereby repealed in its entirety.
Section -5. T eni,onstrat an(] limitation qf This ordinance repeals any
limitation on the number of cottage housing developments permitted within the City of Federal
Way as provided in Section 1 and Section 2 of Ordinance 08-580.
Section 6. vejability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 7. Corr etioris. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
Ordinance No. 20-899 Page 5 of 6
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 9 Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 4th day of November,
2020.
CITY Of FEDERAL WAY:
dll I:1..,, MAYOR
ATTEST:
S F-"" l'1 .ANS1I, COUT TNEY, ,,M(,, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY AT TORNEY
FILED WITH THE CITY CLERK: 10/14/2020
PASSED BY THE CITY COUNCIL: 11/04/2020
PUBLISHED: 1 1/06/2020
EFFECTIVE DATE: 11/11/2020
ORDINANCE NO.: 20-899
Ordinance No. 20-899 Page 6 of 6
