2010-07-23 HEX# 10-006 Staff ReportCITY OF
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
MITCHELL, VEEDER, DEYNAKA REZONE REQUEST
Federal Way File No. 09-103287-00-UP
PUBLIC HEARING — July 23, 2010
FEDERAL WAY CITY HALL COUNCIL CHAMBERS
33325 8"' AVENUE SOUTH
Table of Contents
I.
General Information.........................................................................................................................2
11.
Consulted Departments, Agencies, and Public................................................................................
4
III.
State Environmental Policy Act.......................................................................................................
5
IV.
Analysis of Decisional Criteria........................................................................................................
5
V.
Findings of Fact and Conclusions....................................................................................................
8
VI.
Recommendation.............................................................................................................................
9
VII.
List of Exhibits...............................................................................................................................
10
Report Prepared by:
Deb Barker, Senior Planner
July 16, 2010
Project Name:
Mitchell, Veeder, Deynaka Rezone Request
File No:
09-103287-00-UP
Applicants:
Joseph Mitchell, 5011 SW 316th Place, Federal Way, WA 98023
Kurt Veeder, PO Box 634, Tacoma, WA 98402
Kim Deynaka, 31813 515t Avenue SW, Federal Way, WA 98023
Action
Requested:
Quasi-judicial, non -project related rezone of four tax parcels as provided in Federal
Way Revised Code (FWRC). Each of the lots is currently zoned Single -Family
Residential RS9.6; the applicants propose rezoning these properties to Single -
Family Residential RS7.2. This action would reduce the required minimum lot size
of any subsequently platted lot from 9,600 square feet to 7,200 square feet. There
are no development actions associated with this rezone request, and any future
development would be required to comply with all applicable codes in effect at the
time of application.
Staff
Representative:
Deb Barker, Senior Planner, 253-835-2642
Staff
Recommendation:
Approval of the rezone request (Refer to Section VI)
GENERAL INFORMATION
A. Description of the Proposal — The applicant has requested that the City grant a quasi-judicial,
non -project related rezone of four tax parcels as provided in Federal Way Revised Code
(FWRC) Chapter 19.75. Each of the lots is currently zoned Single -Family Residential (RS 9.6).
The applicants propose rezoning these properties to Single -Family Residential (RS7.2). This
would reduce the required minimum lot size of any subsequently platted lot from 9,600 square
feet to 7,200 square feet (Exhibits A-1 and A-2).
The rezone request is being reviewed via a Process V, Project Rezone (FWRC 19.75 et al).
Under Process V, the Hearing Examiner will hold a public hearing and based on the record of
that hearing, make a recommendation to the Federal Way City Council, which will then decide
upon the application.
There are four lots associated with the rezone request totaling 5.3 acres, and three separate
property owners are participating in the rezone request (Exhibit B). All four lots are currently
zoned RS9.6 per the Federal Way Zoning Map (Exhibit C). This is a single family zoning
designation requiring a minimum lot size of 9,600 square feet of lot area per dwelling unit.
Subsequent single family subdivision of the 5.3 acres under the RS 9.6 designation is estimated
to possibly result in up to sixteen lots. The requested zoning designation of RS7.2 is also a
single family zoning designation requiring a minimum lot size of 7, 200 square feet of lot area
per dwelling unit. Single family subdivision under the RS7.2 designation is estimated to
possibly result in up to twenty-two lots.
As a non -project related rezone, the applicant has provided information related specifically to
the rezone request. Pursuant to FWRC 19.75.020(1)(b), a quasi-judicial rezone will be treated
Staff Report to the Hearing Examiner Page 2
Mitchell, Veeder, Deynaka Rezone Request 09-103287/Doc. i.D. 54586
as non -project related if the proposed rezone is from one single family zone classification to
another single family zone classification. This request to rezone the property from minimum lot
size of 9,600 square feet to minimum lot size of 7,200 square feet is consistent with a request to
rezone from one single family zone classification to another one single family zone
classification. As a non -project related rezone request, there is no additional development
associated or proposed with the rezone request, nor are there any requirements for this type of
detailed information. Any future subsequent development of each of the properties associated
with the rezone request will require separate review and approval under applicable codes that
are in effect at the time of application.
B. Location —The non -project rezone site is located south of SW 316t' Place and west of 51st
Avenue SW. Portions of the adjacent 515t Avenue SW right-of-way are unopened and not
improved (Exhibits D-1 and D-2).
C. Parcel No's. — There are four tax parcel numbers associated with the non -project related rezone
request (Exhibit E):
King County tax parcel #102103-9016 is a 91,476 square -foot (2.10 acres) lot containing
an 870 square -foot single family residence built in 1932, addressed as 5011 SW 316t'
Place. The property is rectangular, is partially vegetated with mature evergreen and
deciduous trees and understory vegetation, and contains an underground septic system.
The property has access onto both SW 316t' Place and parcel #102103-9040.
ii. King County tax parcel #102103-9001 is an 82,328.4 square -foot (1.89 acres) lot that is
vacant. The property, which is Lot 1 of Boundary Line Adjustment (BLA) 07-10593 1 -00-
SU, is rectangular in shape with a thirty-foot "leg" that extends north to SW 316t' Place
and south to parcel #102103-9032. This "leg" currently functions as an ingress/egress
easement, providing parcel #101201-9032 with access to the public street system. While
there is no vegetation on much of the "leg," the balance of the parcel is vegetated with
mature evergreen and deciduous trees and forest understory. Parcel #102103-9001 also
runs parallel to the 515Y Avenue SW right-of-way.' After the BLA was recorded in 2008, a
sewer line was extended onto this parcel in 2009.
iii. King County tax parcel #102103-9040 is a vacant 9,609 square -foot (0.22 acres) lot, and is
Lot 2 of BLA #07-105 93 1 -00-SU. It is a rectangular shaped lot, forested with mature
evergreen and deciduous trees and forest understory. Access to the public street system is
provided to the east via parcel #102103-9001. Parcel #102103-9040 meets the minimum
lot size under the current RS 9.6 zoning designation.
iv. King County tax parcel #102103-9032 is a 47,480.4 square -foot (1.09 acres) lot containing
a 2,270 square -foot single-family residence built in 1978 and addressed as 31813 51 st
Avenue SW. The property is rectangular in shape, is partially vegetated with evergreen
and deciduous trees, forest understory and formal gardens, and includes an underground
septic system. Currently, access to the public street system is provided via easement over
parcel #102103-9001. However, the subject parcel also fronts onto the unopened portions
of 51St Avenue SW right-of-way, which when improved in conjunction with future
development, will provide access to this parcel.
1 511 Avenue SW was established as right-of-way when the adjacent apartment complex was platted, per recording #790126-
0744.
Staff Report to the Hearing Examiner Page 3
Mitchell, Veeder, Deynaka Rezone Request 09-103287/Doc. t.D. 54586
D. Size of Property —The subject property consists of four separate parcels, which when combined,
equal approximately 230,893.8 square feet or 5.3 acres in size. The subject property is west of
51' Avenue SW, a public roadway thirty feet wide and 1,332.07 feet long (Exhibits F-1, F-2,
and F-3).
E. Land Use and Zoning — Prior to City of Federal Way incorporation, the subject property was
part of unincorporated King County. In 1990, zoning for the subject property was SR —
Suburban Residential. Upon incorporation on February 28, 1990, the City zoned the property
RS 9.6, consistent with the underlying King County zoning designation. Since incorporation,
development in the vicinity of the rezone request site has consisted of a four lot short plat west
of the subject property, and various remodeling and additions to existing homes. The apartment
buildings located east of the subject property were completed by 1991, having been approved
under King County codes.
The following table lists the previous and existing zoning designations, comprehensive plan
designation and existing land uses.
Direction
County Zoning
City Zoning
Comprehensive Plan
Existing Land Use
Site
SR (Suburban
RS 9.6
SF - High Density
Two lots developed with SFR2
Residential)
(built 1932 and 1978
respectively)
North
SR (Suburban
RS 9.6
SF - High Density
SW 3161 Place and SFR built
Residential)
1970's
South
SR (Suburban
RS 9.6
SF - High Density
SFR built in 1978
Residential
East
RM-2400-P and
RM 2400 &
Multiple Family and
Apartment complex built in 1988
SR (Suburban
RS 7.2
SF - High Density
and SFR developed in 1970's
Residential
West
SR (Suburban
RS 9.6
SF - High Density
SFR, circa 1970-2000
Residential)
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; South King Fire and Rescue; and Lakehaven Utility
District. In addition, the Washington State Department of Wildlife (WDFW) was consulted on
pileated woodpecker presence. CDRC and WDFW comments have been incorporated into this
report where applicable. As this is a non -project related rezone request, additional CDRC
evaluation, including the Federal Way School District and the Federal Way Police Department,
will be required with any subsequent development.
B. All property owners within 300 feet of the site were mailed notices of the rezone request
application on October 2, 2009. (Exhibit G -1) The City also conducted other public notice on
October 2, 2009, in accordance with City code requirements (Exhibits H-1, H-2, H-3, H-4, and
H-5).
2 SFR = single-family residential
Staff Report to the Hearing Examiner Page 4
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A comment letter dated October 14, 2009, and signed by fourteen persons was received in
response to the notice of application (Exhibits I-1 through I-5). The letter expressed concerns
about surface water conditions, surface water with added density, sewer availability, wildlife,
and property values. The City responded to the comment letter in a December 2, 2009 letter,
(Exhibit J) and the applicant responded to the comment letter in a letter received on November
19, 2009 (Exhibit K). Also, in response to a City inquiry, the WDFW visited the subject
property and provided pileated woodpecker recommendations for any future development in a
January 15, 2010 letter (Exhibit L). The City clarified this position to the applicant in a March
3, 2010 letter (Exhibit M).
C. In accordance with the State Environmental Policy Act (SEPA) and FWRC Chapter 14
"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 (Exhibit N-1, N-2, and N-3).
D. On July 9, 2010, all property owners within 300 feet of the site were notified of the scheduled
Public Hearing conducted by the Hearing Examiner (Exhibit O -1) and the City conducted other
public notice of the hearing for the rezone request in accordance with City code requirements
(Exhibits 0-2, 0-3, and 0-4).
III STATE ENVIRONMENTAL POLICY ACT
A. The City of Federal Way issued an Environmental Determination of Nonsignificance (DNS) for
the proposed action on May 22, 2010 (Exhibit P). This determination was based on review of
information on file, including the environmental checklist, and staff evaluation of the
environmental checklist for Mitchell, Veeder, Deynaka Rezone request (Exhibit Q), and resulted
in the conclusion that the proposal would not result in probable significant adverse impacts on the
environment.
B. The appeal deadline concluded on June 21, 2010. No appeals of the environmental
determination were submitted to the City.
IV ANALYSIS OF DECISIONAL CRITERIA
The FWRC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Quasi-judicial non -project related rezones are reviewed under FWRC 19.175.
As stated in 19.175.130(3)(a)3 Recommendation by the Hearing Examiner, the Hearing Examiner
shall use the following criteria for evaluating the rezone request:
(a) The City may approve an application for a quasi-judicial non -project related rezone only if it
finds that:
The proposed rezone is in the best interest of the residents of the City;
3 Section (b) of FWRC 19.175.130(3) concerns quasi-judicial project related rezone requests. Decision criteria in section (b) does
not apply to the non -project related rezone request.
Staff Report to the Hearing Examiner Page 5
Mitchell, Veeder, Deynaka Rezone Request 09-103287/Doc. i.D. 54586
Staff Comment: The proposed rezone is in the best interest of the residents of the City for
several reasons. The subject property consists of four individual parcels ranging from
9,609 to 91,476 square feet in size. The immediate area was not developed with public
sewers, and the single family lots west of 51 st Avenue SW are on septic systems and
contain drain fields. Those properties east of 5 Pt Avenue SW are hooked up to sewer,
including the apartment complex and a single family subdivision, Dash Point Park #3. If
the rezone is approved, future lots could connect to the sewer system that is currently
extended to the 51st Avenue SW right-of-way and the subject property. This would allow
development at a higher density that is comparable to urban standards. Smaller lots in turn
allow more detached single-family market rate housing, and the increase in housing units
supports the City's responsibilities under the state Growth Management Act related to
housing targets. Any subsequent development on the subject property will be in
accordance with all applicable City codes and policies in effect at the time of application,
and will extend and provide infrastructure to support the proposed development in
accordance with the City code and Comprehensive Plan.
and
ii. The proposed rezone is appropriate because either:
A. 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
B. The rezone will correct a zone classification or zone boundary that was inappropriate
when established;
Staff Comment: The rezone request to change the zoning from RS 9.6 to RS 7.2 is
appropriate because site conditions in the vicinity have changed. Currently, developed lots
in the subject property utilize septic systems, and a large lot size is needed to
accommodate drain fields associated with each septic system. In 2009 the applicant
extended an eight -inch PVC sewer line for fifty-eight feet from the adjacent multi -family
complex over the unopened 51st Avenue SW right-of-way and stubbed it out onto parcel
102103-9001 (Exhibit R). This parcel provides ingress/egress to parcels 102103-9040 and
102103-9032, and could in the future, be dedicated as a public roadway when
redevelopment occurs. The proximity of this sewer line means that new development
adjacent to the 5Pt Avenue SW right-of-way or on the subject property has access to
sanitary sewer, eliminating the need for drain fields and septic systems.4 Also, the RS 7.2
zoning designation serves as an appropriate transition between the RS 9.6 zoning
designation and the adjacent Multi -family complex. These benefits make the rezone in the
public interest.
iii. It is consistent with the Comprehensive Plan;
Staff Comment: The subject property is designated Single Family - High Density
Residential (SFHD) in the City's Comprehensive Plan (FWCP). There are three single-
family housing zoning designations permitted in the SFHD zone: RS 5.0, RS 7.2, and RS
4 The applicant notes that one of the property owners adjacent to the unopened right-of-way declined to participate in this rezone
request.
Staff Report to the Hearing Examiner Page 6
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9.65. The RS 7.2 and 9.6 zoning designations share many zoning attributes of Chapter
19.200 FWRC, Single Family Residential, including accessory dwelling units and
detached single family dwelling units, consistent with the Federal Way Comprehensive
Plan (FWCP) and its policies.
The FWCP notes that a majority of the single-family residential land in the City is
designated as Single -Family High -Density. Urban densities of approximately 4.5, 6.0, and
8.7 dwelling units per acre in the RS 9.6, RS 7.2, and RS 5.0 zoning districts respectively,
provide for a range of housing densities. Single -Family High -Density residential
designations are located within close and convenient proximity to neighborhood business
centers, areas of existing or future employment, transit, and existing urban infrastructure
and services.
The quasi-judicial non -project related rezone request to go from a zoning designation of
RS 9.6 to a zoning designation of RS 7.2 is consistent with the following Land Use Goals
(LUG) and Land Use Policies (LUP) of the FWCP:
LUP9 - Designate and zone land to provide for Federal Way's share of regionally
adopted demand forecasts for residential, commercial, and industrial uses for the next
20 years.
LUP11 - Support the continuation of a strong residential community.
LUG3 - Preserve and protect Federal Way's single-family neighborhoods.
LUG3.1 - Provide wide range of housing densities and types in the single-family
designated areas.
LUP14 - Maintain and protect the character of existing and future single-family
neighborhoods through strict enforcement of the City's land use regulations.
HP14 - Establish appropriate minimum densities for each zone and encourage new
residential development to achieve maximum allowable density based on gross
area to ensure that the City can house the anticipated population growth.
HP16 - As appropriate, reduce minimum lot sizes to allow construction of smaller,
detached single-family houses on smaller lots.
Statewide planning goal #6 states, "Private property shall not be taken for public use
without just compensation having been made. The property rights of landowners shall be
protected from arbitrary and discriminatory actions." As noted in the FWCP, the City
supports preservation of private property rights. This quasi-judicial non -project related
rezone request balances property rights with the health, safety, and general welfare of the
community.
iv. It is consistent with all applicable provisions of the chapter, including those adopted by
reference from the Comprehensive Plan; and
5 Other single-family zoning designations of RS 15.0, RS35.0 and SE are only permitted in areas with a comprehensive plan
designation of medium density (SFMD) or low density (SFLD).
Staff Report to the Hearing Examiner Page 7
Mitchell, Veeder, Deynaka Rezone Request 09-103287/Doc. i.D. 54586
Staff Comment: The rezone request is a non -project related request; there are no
development actions proposed in conjunction with this request. Any subsequent
development will require separate review and must meet all applicable City code
requirements in effect at the time of application. The City's Community Development
Review Committee has reviewed the rezone request and their comments relate solely to
future development of the property (Exhibit S). These comments included the City's
Surface Water Management Division finding that there is a deficient or non -existing
drainage system downstream of the subject site (Exhibit T), and that the applicant will be
required to review the upstream and downstream drainage areas and identify any flooding
problems that would be exacerbated by proposed development, and that a higher level of
flow control may be required to mitigate any flooding problems (Exhibits U-1 and U-2).
The applicant retained Contour Engineering, PLLC, who responded to City and citizen
comments in a November 9, 2009 letter (Exhibit V). Any future development of the
subject property will be required to comply with all applicable codes and regulations,
including but not limited to installation and dedication of roadways, and design and
installation of storm drainage systems.
v. 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 new single-family housing opportunities that are connected to the sewer
system, which reduces septic system impacts to the area. Future development will require
separate review by City Departments, as well as Lakehaven Utility District, South King
Fire and Rescue, and the Federal Way School District, and must meet all applicable code
requirements in effect at the time of application. Access to the sewer lines currently
installed in the 51st Avenue SW right-of-way is available to all properties abutting the
unopened roadway. The number of single family housing units estimated under the RS7.2
designation is sixteen, while the number of single family housing units estimated under the
RS9.6 designation is twenty-two. The resulting difference between the two zoning
designations is seen as minimal.
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:
The application is for a quasi-judicial non -project related rezone of four single-family lots
currently zoned RS 9.6. Two of the lots are developed with single family homes and two of the
lots are undeveloped. The applicant proposes to rezone the property to RS 7.2.
The comprehensive plan is SFHD, Single -Family High -Density, which permits single family
dwellings to be constructed based on densities of 5,000 square feet, 7,200 square feet, or 9,600
square feet. During subdivision, any one lot must meet minimum lot size of the zoning
designation, unless alternative platting methods are approved.
Rezone requests are heard by the Hearing Examiner who makes a recommendation to City
Council.
4. The notice of application (NOA) was mailed to all property owners within 300 feet of the
subject property on October 3, 2009.
Staff Report to the Hearing Examiner Page 8
Mitchell, Veeder, Deynaka Rezone Request 09-103287/Doc. i.D. 54586
The City received a comment letter dated October 14, 2009, signed by 14 persons, and
expressing concerns about existing drainage conditions and localized flooding, density impacts,
wildlife, and impacts to property values. The City forwarded the letter to the applicant, who
responded to the comments and consulted with a civil engineer. The City provided a response
to the comments as did the Washington State Department of Fish and Wildlife.
An Environmental Determination of Nonsignificance (DNS) was issued for this proposed
action on May 22, 2010. The City received no appeals of the SEPA determination and the
SEPA appeal period has expired.
The proposal has been reviewed for compliance with Federal Way Revised Code and the
Federal Way Comprehensive Plan. The proposal meets decisional criteria for quasi-judicial
non -project rezone requests in FWRC 19.75 as discussed in Section W above.
Any subsequent development of the properties associated with the rezone request may only be
approved if found consistent with codes in effect at the time of application, including
subdivision, clearing and grading, and tree/vegetation retention, storm drainage, transportation,
etc.
VI RECOMMENDATION
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the non -project rezone
request for King County tax parcel numbers 102103-9016, 102103-9001, 102103-9040 and 102103-
9032, designating each parcel with the RS 7.2 zoning designation, with a minimum lot size of 7,200
square feet.
Staff Report to the Hearing Examiner Page 9
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VII LIST OF EXHIBITS
A-1. Rezone Application letter received August 24, 2009
A-2. Revised Rezone Application letter received April 5, 2010
B-1. Master Land Use Application signed by applicant Mitchell
B-2. Master Land Use Application signed by applicant Deynaka
B-3. Master Land Use Application signed by applicant Veeder
C. City Zoning map
D-1. Project Vicinity Map
D-2. Aerial Map
E. Site Photos received August 25, 2009 with map key
F-1. Rezone site map received August 25, 2009
F-2. Rezone site map received September 25, 2009
F-3. Rezone survey prepared by Sadler/Barnard & Assoc. Inc. submitted on April 5, 2010
G. Notice of Application (NOA) with map
H-1. NOA mailing list and map
H-2. NOA e-mailed
H-3. NOA posting list
H-4. NOA Sign Installation Certificate
H-5. Complete Application letter dated September 29, 2009
I-1. Comment letter dated October 14, 2009
I-2. Attachment 1 to comment letter
I-3. Attachment 2 to comment letter
I-4. Attachment 3 to comment letter
I-5. Attachment 4 to comment letter
J. City Response to comment letter dated December 2, 2009
K. Applicant Rebuttal of Comments received on November 19, 2009
L. WDFW letter dated January 15, 2010
M. City letter to applicant dated March 3, 2010
N-1. DNS mailing list and map
N-2. DNS e-mailed
N-3. DNS posting list
0-1. Notice of Hearing
0-2. Notice of Hearing mailing list and map
0-3. Notice of Hearing posted
0-4. Notice of Hearing e-mailed
P. Determination of Nonsignificance (DNS)
Q. DNS Staff evaluation and SEPA checklist
R. Reduced scale Cedar Point Phase I sewer plan prepared by Contour Engineering, Inc.
S. South King Fire and Rescue comments dated September 2, 2009
T. SWM comments dated October 27, 2009, and map updated January 21, 2010
U-1. Public Works Development Services comments dated October 30, 2009
U-2. Public Works Development Services comments dated April 28, 2010
V. Contour Engineering Inc. comments dated November 19, 2009
Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the
Hearing Examiner.
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Joseph Mitchell, 5011 SW 316t1i Place, Federal Way, WA 98023
Kurt Veeder, PO Box 634, Tacoma, WA 98402
Kim Deynaka, 31813 5I't Avenue SW, Federal Way, WA 98023
Staff Report to the Hearing Examiner Page 10
Mitchell, Veeder, Deynaka Rezone Request 09-103287/Doc. t.D. 54586