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Summit at Steel Lake Staff Report 12-5-22 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER Summit at Steel Lake Preliminary Plat Federal Way Files: 21-102770-SU and 21-102841-SE PUBLIC HEARING Monday, December 12, 2022, 3:00 PM Table of Contents I. Project Information ............................................................................................................ 2 II. Application Data ................................................................................................................ 3 III. Preliminary Plat Design ..................................................................................................... 3 IV. State Environmental Policy Act (SEPA) ............................................................................ 5 V. Transportation ................................................................................................................... 5 VI. Stormwater ....................................................................................................................... 6 VII. Public Services ................................................................................................................. 6 VIII. Utilities………………………………………………………………………………………… ...... 7 XI. Analysis of Preliminary Plat Decisional Criteria ................................................................. 7 XII. Findings of Fact ................................................................................................................ 9 XIII Conclusion and Recommendation .................................................................................. 12 XIV. List of Exhibits ................................................................................................................. 13 Staff Contact: Associate Planner Natalie Kamieniecki 253.835.2638 / natalie.kamieniecki@cityoffederalway.com Report Date: December 5, 2022 Staff Report to the Federal Way Hearing Examiner Page 2 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 I. Project Information Permit Number(s): 21-102770-SU and 21-102841-SE Project Name: Summit at Steel Lake Preliminary Plat City Staff Contact: Natalie Kamieniecki, Associate Planner 253-835-2638 natalie.kamieniecki@cityoffederalway.com Applicant: Copper Ridge LLC Atten: Evan Mann PO Box 73790 Puyallup, WA 98373 253-820-7835 Property Owner: Gary Thompson 9406 S Long Run DR Juneau, AK 99801 gary@admiraltyairservice.com Property Address: Unaddressed, at the intersection of S 304th St and 11th Avenue South Parcel Number(s): 052104-9033 Zoning District: Single Family (RS7.2) Comprehensive Plan Designation: Single Family High Density Adjacent Uses: North: Single family residential South: Single family residential East: Single family residential West: Single family residential Project Description: Applicant proposes to subdivide an approximately 5.94-acre parcel into 24 single-family residential lots and associated improvements, including street improvements, storm drainage facilities, utility improvements, and landscaping. Property is zoned RS 7.2. Pursuant to procedures outlined in Federal Way Revised Code (FWRC) 18.35, the applicant requests preliminary plat approval from the city’s Hearing Examiner. Staff Report to the Federal Way Hearing Examiner Page 3 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 II. Application Data Decision requested – Preliminary Plat approval of a 5.94-acre parcel of land into 24 single-family residential lots, with associated roadway, stormwater, landscape and utility improvements. The preliminary plat application is subject to a public hearing by the Hearing Examiner. After considering all of the information and comments submitted on the matter, the Hearing Examiner shall issue a written decision no later than 10 working days following conclusion of all testimony and hearings. The decision shall include necessary conditions, restrictions, and content requirements listed in FWRC 18.35.170(5). The Department of Community Development is responsible for distributing copies of the decision per FWRC 19.35.190(2). Application Submittal and Notice of Application – Preliminary Plat Application 21- 102770-SU and SEPA application 21-102841-SE filed on July 22, 2021. The application was Determined Complete on October 18, 2021. Pursuant to FWRC 18.35.090, on October 22, 2022, within 14 day of the application being determined complete a Notice of Application was prepared and distributed in the Federal Way Mirror, the property was posted, the notice was posted on the City’s website, and a copy was mailed to those property owners within 300 feet, as required by City code. No public comment was received during the comment period (Exhibit L & R). In addition, on November 25, 2022, per FWRC 18.35.100 a Notice of the Public Hearing was prepared and similarly distributed (Exhibit Q). III. Preliminary Plat Design Description of the Proposed Subdivision – Applicant proposes to subdivide an approximately 5.94-acre parcel into 24 single-family residential lots. The subject property is zoned RS 7.2 which has a minimum lot size of 7,200 square feet. The site is rectangular in shape and does not contain regulated critical areas (Exhibit B). The site gains access from S 304th Street along the south property line. South 304th Street is a minor collector and planned as a Type “R” street. This roadway consists of a 40-foot street with curb and gutter, 5-foot planter with street trees, 6-foot sidewalks and street lights within a 66-foot right-of-way. Half of the required improvements and 33-feet of right-of-way dedication are required to be constructed along the development frontage of S 304th Street. The existing speed hump on S 304th Street west of the site is to be converted to a raised crosswalk and a rapid flashing beacon may need to be installed as part of this development. Newly created lots will access from a new type “W” internal roadway with cul-de-sac extending in a northerly direction into the development from S 304 th Street. The new internal roadway will be constructed with curb, gutter, sidewalk and landscape planting strip. Lots 12, 13, 14, and 15 will access from private tract “C” extending the cul–de-sac end. Lots 20, 21 and 22 will access from private tract “B” located at approximately the mid-point of the new internal roadway. Staff Report to the Federal Way Hearing Examiner Page 4 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 The applicant has identified several encroachments along the west property line and a driveway access encroachment. These identified encroachments must be rectified prior to final plat. Open space - To provide adequate recreational opportunities commensurate with new residential development, FWRC Chapter 18.55, “Design Criteria,” requires dedication of land on site for open space, or a fee in lieu payment. The applicant has requested that the open space requirement be fulfilled through the fee -in-lieu option (Exhibit H). The fee-in-lieu open space payment will be 15 percent of the most recent assessed value of the property and due at time of final plat approval. The applicant must provide a voluntary agreement letter authorizing the city to use the open space fee-in-lieu in any of the Parks Planning Areas within the city per FWRC 18.55.060(2). Tree and Vegetation Retention– The applicants submitted a tree and vegetation retention plan pursuant to FWRC 19.120.020. The applicant is required to retain or plant 25 tree units per acre in accordance with FWRC 19.120.130. Trees located within any proposed public or private streets are not included in the gross site acreage. As such, the applicant is required to maintain 117.75 tree units (4.71 net acres x 25 tree unit) for this site. According to the Preliminary Landscape Plan prepared by Core Design, LLC., dated received February 2, 2021 (Exhibit B, pg. 11) a total of 3 tree units will be retained onsite and 115 tree credits will be planted to satisfy this criterion. Tree protection fencing must be installed prior to clearing and grading activities. Final landscape plan to be submitted concurrent with engineering review. Landscaping Buffers – The project site abuts S 304th Street, a minor collector, along the south property line. Per FWRC 18.60.030, “Buffers,” a ten-foot-wide Type III landscape buffer is required to shield new residences from arterial streets. This requirement is not applicable to as S 304th Street roadway is not considered an arterial street. Critical Areas – The subject property does not contain mapped critical areas. The applicant submitted a critical areas report titled, 304th Street Property Critical Areas Report, prepared by EnviroVector, dated September 27, 2021 verifying the absence of critical areas (Exhibit F). Cultural Resources –No cultural resources at the project location have been indicated to be at or near the site through review of the DAHP WIIZARD mapping system. No studies have been requested from environmental review through agency notification. If ground disturbing or other construction activities result in the inadvertent discovery of buried archaeology, the development work should cease, and immediate contact should be made with the appropriate Tribal contacts, as well as the Department of Archaeology and Historic Preservation. Tacoma Smelter Plume – The former Asarco copper smelter in Tacoma caused widespread soil contamination with lead and arsenic in parts of King, Pierce, Kitsap, Staff Report to the Federal Way Hearing Examiner Page 5 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 and Thurston counties. This 1,000 square mile area is known as the Tacoma Smelter Plume. The state cleanup level for arsenic is 20 parts per million (ppm). According to the Department of Ecology map checked in 2022, the subject property is located in the Tacoma Smelter Plume detect area containing under 20 ppm arsenic; therefore, testing of site soils and cleanup is not applicable. IV. State Environmental Policy Act (SEPA) The proposed improvements exceed categorical exemption levels according to FWRC 14.15.030 (Categorical Exemptions – Flexible Thresholds). The Community Development Department determined that the proposed development will not have a probable significant adverse environmental impact on the environment and an environmental impact statement is not necessary, pursuant to RCW 43.21C.030(2)(c). The City issued a Determination of Non significance (DNS) on September 16, 2022, file number 21-102841-SE (Exhibits M & O). The threshold determination comment period ended September 30, 2022, and the appeal period ended October 21, 2022. The City received comment from the Department of Ecology (ECY) regarding potential wetlands onsite (Exhibit T). On October 12, 2022, a site visit was conducted to evaluate potential wetland conditions with the applicant, Evan Mann, Sound Built Homes, the applicant’s biologist, Curtis Wambach, Envirovector, Neil Molstad, PWS, Wetland Specialist – Northwest Regional Office Department of Ecology, and Federal Way City Staff Natalie Kamieniecki, Associate Planner. No portion of the property was found to contain all three wetland criteria (vegetation, hydrology, and soils). Ecology concurs with the conclusion reached in EnviroVector’s September 21, 2021 304th Street Property Critical Areas Report (Exhibit S). No changes to the initial DNS were made as a result of the ECY comment and the decision became final on October 21, 2022. V. Transportation Concurrency (FWRC 19.90) – The applicant is required to undergo traffic concurrency analysis, file number 21-102842-CN, pursuant to the state Growth Management Act; goals and policies of the Federal Way Comprehensive Plan; and FWRC Chapter 19.90, “Transportation Concurrency Management.” The proposed development will result in 24 new peak hour trips. The city’s Traffic Division has reviewed the concurrency application and has issued an approved Capacity Reserve Certificate dated March 24, 2022 (Exhibit U). Impact Fee (FWRC 19.91) – The applicant will be subject to the city’s transportation impact fee. The fee will be calculated based on the fee rate in effect at the time a complete building permit application is submitted and must be paid prior to building permit issuance. Staff Report to the Federal Way Hearing Examiner Page 6 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 Public Improvements – The property frontage along South 304th Street is a minor collector planned as a Type “R” street. This roadway consists of a 40-foot street with curb and gutter, 5-foot planter with street trees, 6-foot sidewalks and street lights within a 66-foot right-of-way. Assuming a symmetrical street cross section, half of the required improvements and 33-feet of right-of-way dedication are required. VI. Stormwater Drainage Facilities – Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, sidewalks and rooftops. Final approval of the storm drainage retention facilities that are shown on the conceptual clearing and grading and utility plan and detailed in the TIR (Exhibit G), will require Public Works Department engineering review. The project is subject to the requirements of a Full Drainage Review as described in the 2021 King County Surface Water Design Manual (KCSWDM) and the City Addendum to the manual. Stormwater improvements (detention and water quality treatment), are required that meet Conservation Flow Control and Enhanced Basic Water Quality treatment. In addition, all pervious surfacing shall have a minimum of 8 -inches of amended soil, in accordance with KCSWDM. Stormwater System Development Charge (SDC) – FWRC Chapter 19.96 requires that a system development charge (SDC) be paid prior to connection of the stormwater infrastructure to the existing public drainage system. The SDC is based upon the amount of new impervious surface added for any new or redevelopment project. One Equivalent Service Unit (ESU) equals 3,200 square feet of impervious surface area added. A five percent administration fee will be added to the total SDC. Development Services staff will calculate the SDC based upon the plans submitted. For subdivision projects, an initial SDC will be assessed on the amount of impervious surface being added for the required improvements (roads, sidewalks, etc.) and will be assessed at the time an engineering permit is issued for construction. SDC’s will also be assessed based upon the fee schedule in place at the time of permit issuance. VII. Public Services Schools – Nautilius Elementary, Sacajawea Middle School, and Federal Way High School will serve the proposed subdivision. The applicant provided a school access analysis with the preliminary plat application (Exhibit E). All elementary school students from this development will receive bus transportation to and from school, as Nautilus Elementary school is over one mile from the subject site. Students attending Federal Way High School and Sacajawea Middle School are candidates for walking to school. Students will be able to walk or bike to along an identified route within the Federal Way Public School Suggested Safe Walking Route. The proposed development will provide for additional safe waking conditions including Staff Report to the Federal Way Hearing Examiner Page 7 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 sidewalks required through half street improvements along S 304th Street and new raised sidewalk in place of existing speed hump. Federal Way School District did not provide comment regarding the proposal. School impact fees, as authorized by city ordinance, provide mitigation for the students of this development. School impact fees are determined on the basis of the district’s Capital Facilities Plan and are subject to annual adjustment and update and are due at the time of the building permit issuance for the new dwelling units. Parks & Open Space –The proposed plat will provide fee-in-lieu of open space and meets the open space minimum requirements in FWRC 18.55.060, for the purposes of preliminary plat review. Fire Protection – Existing fire hydrant is located at the intersection of S 304th Street and 11th Ave S directly across the street from the subject property. Determination of final fire hydrant locations will occur at engineering review. Fire sprinklers may be required for lots 12, 13, 14, 15, 20, 21, and 22 because of limited access and no turnaround. The remainder of the lots will be determined for fire sprinklers upon building plans submittal. VIII. Utilities Sewage Disposal – The applicant proposes to serve the proposed plat by a public sewer system managed by the Lakehaven Water & Sewer District. The October 26, 2018, and updated April 27, 2021, Certificate of Sewer Availability (Exhibit J) indicates the district’s has capacity to serve the proposed development through a Developer Extension Agreement (DEA). Water Supply – The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Water & Sewer District. The October 26, 2018, and updated April 27, 2021, Water Availability Letter (Exhibit I) indicates the district has capacity to serve the proposed development through a Developer Extension Agreement (DEA). IX. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA The FWRC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWRC Chapter 18.35, preliminary plat applications are submitted to the Hearing Examiner for public hearing and final decision on the preliminary plat. Hearing Examiner Preliminary Plat Decisional Criteria – Pursuant to FWRC 18.35.170, 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. Staff Report to the Federal Way Hearing Examiner Page 8 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 a) The project is consistent with the comprehensive plan; Staff Comment: The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Single-Family, High Density. The proposed land use, Single-Family Residential, with 7,200 square-foot minimum lot size is consistent with density allowances and policies applicable to this land use as established in the FWCP. As proposed, the project is consistent with the comprehensive plan. b) 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 applicable provisions of FWRC Title 14, “Environmental Policy”; Title 16 “Surface and Stormwater Management”; Title 18, “Subdivisions”; Title 19, “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 proposal is consistent with the following goals and policies of the Federal Way Comprehensive Plan: LUG3 Preserve and protect Federal Way’s single-family neighborhoods. LUP Maintain and protect the character of existing single-family neighborhoods through strict enforcement of the City’s land use regulations. c) The project is consistent with the public health, safety, and welfare; Staff Comment: The proposed preliminary plat will permit development of the site consistent with the current single-family land use classification of the FWCP and map and surrounding single family neighborhoods. Proposed access and fire hydrant locations must meet all requirements of South King Fire & Rescue. Final internal hydrant locations will be determined during engineering and site development review. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safe ty, and welfare. d) It is consistent with the design criteria listed in FWRC 18.05.020; and Staff Comment: The proposed preliminary plat will promote the purposes identified in FWRC 18.05.020, 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; provision for the housing needs of the community; protection of environmentally sensitive areas; fee in lieu option for open space and planting of Staff Report to the Federal Way Hearing Examiner Page 9 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 new on-site trees to satisfying tree unit density requirement. As proposed, and with conditions as recommended by city staff, the preliminary plat application complies with all provisions of the chapter. e) It is consistent with the development standards listed in Chapter 18.55 FWRC, and FWRC 18.60.030 through 18.60.120. Staff Comment: Staff reviewed the preliminary plat and associated plans and it is consistent with the above listed codes. In addition, development of this site is required to comply with the provisions of FWRC Title 18, “Subdivisions”; Title 14, “Environmental Policy”; Title 19, “Zoning and Development Code”; and all other applicable local and state development codes and regulations. As proposed, and as recommended by city staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. X. Findings of fact Based on an analysis of the preliminary plat application, environmental record, and related decisional criteria, the Department of Community Development finds that: 1. These findings are based on a review of city documents and items submitted by the applicant and received on July 22, 2021 and resubmittal dates September 30, 2021, March 29, 2022, July 27, 2022, August 18, 2022 and August 22, 2022. 2. The proposal is to subdivide a vacant 5.94-acre parcel into 24 single-family residential lots, with associated roadway, stormwater, landscaping and utility improvements. The subject property is zoned RS7.2, and the preliminary plat application was deemed complete on October 18, 2021. 3. The proposed single-family residential plat is permissible in the RS zoning districts under FWRC 19.200.010. Subdivisions of 10 lots or more are subject to review under FWRC Chapter 18.35 “Preliminary Plat.” The 24 proposed lots meet or exceed the underlying required minimum lot size of 7,200 square feet. The lots are of a sufficient size and shape to facilitate zoning setbacks and off - street parking requirements of FWRC 19.200.010. 4. Notice of application was published in accordance with FWRC 18.35.090 (Exhibit L). 5. An Environmental Determination of Nonsignificance (DNS) was issued for this proposed action on September 16, 2022, with a comment period ending September 30, 2022 and appeal period expiring October 21, 2022. No appeals of the environmental determination were filed with the city (Exhibit M). 6. Notice of Hearing was published in accordance with FWRC19.35.100 (Exhibit Q). Staff Report to the Federal Way Hearing Examiner Page 10 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 7. The applicant has proposed to clear and grade the site at the time of construction of the infrastructure. The proposed grading plan would include clearing areas for roadways, a storm drainage facility, and utilities. Tree protective fencing shall be installed prior to clearing, grading or ground disturbance in accordance with the tree retention plan. 8. The Forest Practices Application will be reviewed in conjunction with the clearing and grading plan during engineering review. Once approved, a copy of the forest practices application will be routed to the Washington State Department of Revenue (DOR), as forest practices are subject to forest excise tax at the time of harvest. 9. The proposal is required to maintain approximately 118 tree credit units onsite. The applicant’s Tree Retention Plan indicates 3 tree units will be retained on-site and the remaining 115 tree credits to be planted on the individual lots disbursed through-out the subdivision. 10. Open space requirement to be provided through the fee -in-lieu option (Exhibit H). The fee-in-lieu of onsite open space will be 15 percent of the most recent assessed value of the property and due at final plat approval. The applicant must provide a voluntary agreement letter authorizing the city to use the open space fee -in-lieu in any of the Parks Planning Areas the city per FWRC 18.55.060(2). 11. The City Traffic Engineer conducted a concurrency test to determine if the new trips generated by the subdivision would result in failures to the city’s level of service. The test concluded that 24 new PM peak hour trips will be generated with no failures and a Certificate of Reserve Capacity was issued April 25, 2022 (Exhibit U). 12. Vehicular access to the newly created lots will be via a new internal type “W” road way. Only one access point is permitted to the site from 304th Street S. All other access points from S 304th ST must be removed. 13. Required half street improvements are designed in accordance with Federal Way Comprehensive Plan roadway cross sections. The property frontage along S 304th Street will require improvements to a type “R” street cross section . 14. The applicant is subject to the city’s transportation impact fee (TIF) that will be assessed and collected by the applicant when the building permit is issued for each lot, using the fee schedule then in effect, and is made a condition of preliminary plat approval. At the applicant’s discretion, the impact fee payment may be deferred to final building inspection for each individual house per standards set forth in FWRC 19.100.075. Staff Report to the Federal Way Hearing Examiner Page 11 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 15. The site is served by Nautilius Elementary, Sacajawea Middle School, and Federal Way High School. The applicant provided a school access analysis with the preliminary plat application (Exhibit E). The proposed development will provide for additional safe waking conditions including sidewalks required through half street improvements along S 304th Street and new raised sidewalk in place of existing speed hump. School Impact fees, as authorized by city ordinance, are collected at the time of building permit. 17. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, sidewalks and rooftops The project is subject to the requirements of a Full Drainage Review as described in the 2021 King County Surface Water Design Manual (KCSWDM) and the City Addendum to the manual. Stormwater improvements (detention and water quality treatment), are required that meet Conservation Flow Control and Enhanced Basic Water Quality treatment. Final approval of the storm drainage facilities, as shown on the clearing grading and utility plan and detailed in the TIR, will occur following Public Works Department engineering review and preliminary plat conditions. The storm drainage facilities must be constructed per city code requirements, prior to final plat approval and recording of the subdivision. 18. The preliminary plat was reviewed and determined to be consistent with all preliminary plat decision criteria set forth in FWRC 18.35.70(3)(a) through (e), including consistency with the comprehensive plan; consistency with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; consistency with the public health, safety, and welfare; consistency with the design criteria listed in FWRC 18.05.020; and consistency with the development standards in FWRC Chapter 18.55, and FWRC 18.60.030 through 18.60.120. 19. The preliminary plat application was reviewed for consistency with all applicable state and local codes, policies and regulations, including the Federal Way Comprehensive Plan (FWCP); Federal Way City Code (FWRC) Title 14, “Environmental Policy”; Title 16, “Surface Water Management”; Tile 18, “Subdivisions”; Title 19, “Zoning and Development Code”; Chapter 19.145, “Environmentally Critical Areas”; Chapter 19.135, “Development Improvements”; and the 2016 King County Surface Water Design Manual. As proposed and recommended by staff, the preliminary plat is consistent with the FWCP and all other applicable codes and regulations. 20. As required by RCW 58.17.110, the preliminary plat 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 wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and Staff Report to the Federal Way Hearing Examiner Page 12 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 from school; and the public use and interest will be served by the platting of such subdivision and dedication. 21. Water and sewer facilities are available from the Lakehaven Water & Sewer 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. South King Fire & Rescue will determine final fire hydrant locations at engineering review for the new interior roadway. There is an existing fire hydrant at the corner of S 304th Street and 11 Avenue S, directly across the street from the subject property. Fire sprinklers may be required for lots 12, 13, 14, 15, 20, 21, and 22 because of limited access and no turnaround. The remainder of the lots will be determined for fire sprinklers upon building plans submittal. 23. As proposed and recommended by staff, approval and development of the proposed preliminary plat will ensure consistency and compatibility with existing surrounding single-family residential uses and densities. 24. Pursuant to the FWRC 18.40.050, prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per city code requirements. 25. All encroachments shall be resolved via boundary line adjustment, boundary line agreement or recording of easements. Tracts shall not be accepted to resolve encroachments. 12 Conclusion and Recommendation As conditioned, the proposed preliminary plat has been determined to be consistent with the FWCP; with all applicable provisions of the FWRC; and with the public health, safety, and welfare; the streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; the proposed access to the subject property is at the optimal location and configuration for access; and, the proposed development is consistent with the decisional criteria required Based on review of the application, environmental record, and pertinent decisional criteria, the Department of Community Development recommends that the Hearing Examiner recommend approval of the preliminary plat subject to the following conditions: 1. Prior to recording, the applicant shall provide the city’s Parks Department a fee -in- lieu payment for open space in the amount of 15 percent of the most recent assessed land value of the subject property, and provide a voluntary letter authorizing the city to use the open space fee-in-lieu in any of the Parks Planning Areas of the city per FWRC 18.55.060(2). Staff Report to the Federal Way Hearing Examiner Page 13 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 2. The applicant is required to pay a transportation impact fee (TIF) for each lot. The fee will be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. 3. The applicant is required to pay a school impact fee for each lot. The school impact fee is due at the time of the building permit issuance for the new dwelling units. This fee amount is subject to change as determined annually by the Federal Way School District and the City of Federal Way. 4. This preliminary plat approval does not constitute a building permit or authorize clearing/grading activities. 5. All pervious surfacing shall have a minimum of 8-inches of amended soil, in accordance with KCSWDM Reference 11-c. 6. Prior to final plat approval all encroachments shall be resolved via boundary line adjustment, boundary line agreement or recording of easements. Tracts shall not be accepted to resolve encroachments. XIV. LIST OF EXHIBITS Exhibit A -Master Land Use Application-04-22-2021 Exhibit B - Plan Set-08-22-2022 Exhibit C - Structural Plat-07-21-2022 Exhibit D -Title Report-07-01-2021 Exhibit E -School Access Analysis-07-07-2021 Exhibit F -Critical Area Report-09-27-2021 Exhibit G - Preliminary TIR-08.18.2022 Exhibit H -Open Space Letter-07-09-2021 Exhibit I - Certificate of Water Availablity-06-29-2021 Exhibit J - Certificate of Sewer Availablity-06-29-2021 Exhibit K - Environmental Checklist-03-23-2022 Exhibit L - Notice of Preliminary Plat Application Exhibit M - Notice of SEPA Determination Exhibit O- SEPA DNS Summit at Steel Lake Exhibit P - Summit at Steel Lake Sign Installation Certificate Exhibit Q - NOTICE OF PUBLIC HEARING Summit at Steel Lake Exhibit R - NOA Summit at Steel Lake Preliminary Plat 10-22-21 Exhibit S - October 12 ECY Site Visit - 304th Street Property Summit at Steel Lake Exhibit T - Ecology SEA Program Comments - Summit at Steel Lake Preliminary Plat File 21-102770-SU Exhibit U - Capacity Reserve Certificate 4-25-22 TRANSMITTED TO THE FOLLOWING PARTIES: Hearing Examiner – Phil Olbrechts, Olbrechts & Associates, olbrechtslaw@gmail.com Project Applicant – Evan Mann, evan@soundbuilthomes.com Staff Report to the Federal Way Hearing Examiner Page 14 of 14 Summit at Steel Lake Preliminary Plat File No. 21-102770SU/Doc. I.D. 82702 Property Owner – Gary Thompson, gary@admiraltyairservice.com Federal Way Staff – Natalie Kamieniecki, Associate Planner / Cole Elliott, Development Services Manager / Sarady Long, Traffic Engineer / Keith Niven, Planning Manager / Kent Van Alstyne, Assistant City Attorney Bob West – rwest@westlawoffices.com permits@coredesigninc.com BAM@coredesigninc.com kurt@soundbuilthomes.com SMurata@coredesigninc.com home@seattlehome.net ljhomes@windermere.com jennybemis12@gmail.com