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Res 04-407 RESOLUTION NO. 04-407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, APPROVING WITH CONDITIONS, THE COLELLA ESTATES PRELIMINARY PLAT, FEDERAL WAY FILE NO. 99-101323-00-SU. WHEREAS, the owner(s), Soundbuilt Homes (SBI, LLC) and others through written authorization, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Colella Estates Preliminary Plat, consisting of 59 acres, into eighty-six (86) single family residential lots, in a combination conventional and cluster configuration, located north of Southwest 320th Street along and north of 30th Avenue SW (if extended); south and west of Dash Point Road; and between "Lakota Creek" and "Joe's Creek", to the west and east of the site, respectively; in Section 12 Township 21 North, Range 3 East, W.M.; and WHEREAS, on June 30, 1999, the preliminary plat application was determined complete by the Department of Community Development Services, and vested to all City codes, policies, and regulations in effect on that date; and WHEREAS, a Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A) and Chapter 43.21 C RCW; and WHEREAS, on May 24, 2003, a Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A) and Chapter 43.21 C RCW; and WHEREAS, no comments or appeals responsive to the MDNS were submitted to the Department of Community Development Services; and WHEREAS, on November 4, 2003, the Federal Way Land Use Hearing Examiner held a public hearing concerning the Colella Estates preliminary plat; and Doc. J.D. 2ì425 page. of 4 Reso104-407 WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation, dated November 18, 2003, containing his findings and conclusions, and recommended approval of the preliminary plat of Colella Estates subject to the conditions set forth therein; and WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City Council has jurisdiction authority and to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, on December 15, 2003, the City Council Land Use and Transportation Committee considered the record and the November 18, 2003, recommendation by the Hearing Examiner regarding the Colella Estates preliminary plat, and voted to forward a recommendation for approval of the proposed Colella Estates preliminary plat, with no changes to the Hearing Examiner recommendation, to the full City Council; and WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, on January 6, 2004, the City Council considered the record and the Hearing Examiner's November 18,2003, recommendation on the Colella Estates preliminary plat. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Adoption of Findings and Conclusions. 1. The findings and conclusions contained in the Land Use Hearing Examiner's November 18, 2003 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion and/or any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and the recommendation and conditions of approval as established in the Hearing Examiner's November 18,2003 Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's Doc. J.D. 25425 page 2 of 4/reso 104-407 health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts as are required by City code and state law; and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the November 18, 2003, Report and Recommendation of the Federal Way Land Use Hearing Examiner and the findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Colella Estates, Federal Way File No. 99-101323-00-SU, is hereby approved, subject to the conditions contained in the November 18, 2003 Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council's finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid then, in that event, the proposed preliminary plat approval granted in this Resolution shall be deemed void and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions. Upon such review, the Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as required by Chapter 58.17 RCW and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. Doc. J.D. 25425 page 3 of 4/ reso104-407 If any section, sentence, clause, or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the Resolution is hereby ratified and affirmed. Section 6. 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 2 DAY OF January ,2004. F FEDERAL WAY tíl- MAYOR /J /er /J / 1/( t~r> APPROVED AS TO FORM: -¡¿ Æ; 4' ~~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 12/23/03 PASSED BY THE CITY COUNCIL: 01/07/04 RESOLUTION No: 04-407 Doc. J.D. 25425 page 4 of 4/resoI04-407 CITY OF FEDERAL WAY (0) r~ (~iËl1Jl-, -/~31n'~ I"'\{ ....,U1ìJl 'I I, U UI Nav 1 9 2003 ¡iJ I ~ L----.._.:~ ('" ... cvory ClerKS Uflice try at Federal Way Page - 2 OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) ) ) ) ) ) FWHE# 03-07 99-101323-00-SU COLELLA ESTATES (A Cluster and Conventional Subdivision & Process IV Stream Buffer Intrusions) PROCESS IV I. SUMMARY OF APPLICATION The applicant is seeking preliminary plat approval pursuant to Federal Way city Code (FWCC) Chapter 20, Subdivisions (FWCC Section 20-110), Division 6, Preliminary Plat). In addition, the applicant is seeking Process IV Hearing Examiner approval for minor intrusions into 100 foot major stream setback. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: November 4, 2003 November 18, 2003 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Kurt Wilson, SBI, LLC, P.O. Box 73790, Puyallup, WA 98373 3. Tom Taaffe, Estate of Tony Colella, P.O. Box 66706, Seattle, WA 98166 4. Ardeth Garber, 2900 SW 312th Place, Federal Way, WA 98023 5. Diane Noble Gulleford, 2754 SW 314th St., Federal Way, WA 98023 6. Sarady Long, Traffic Engineer, City of Federal Way ""--7~"Q:" II/J 1'/ .L...---...'u ... - Page - 3 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Letter to Craig Stone dated October 15, 2003 3. Letter to Lori Michaelson dated October 27,2003 4. Letter to Examiner dated October 21,2003 5. Colella Preliminary Plat Map (Revised and Resubmitted 10/29/03 6. Power Point Presentation - Preliminary Plat of Colella Estates 7. List of Concerns - earthquake information submitted by Diana Noble Gulleford 8. Subdivision Design Article III submitted by Sarady Long III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in an irregularly shaped, 59 acre parcel of undeveloped property located in the northwesterly portion of the city of Federal Way. The site is located north of Southwest 320th Street and extends from 315th Street North to a future 310th Street North. The majority of the developable portion of the site is located north of Southwest 312th Street. The applicant requests preliminary plat approval to allow subdivision of the site into 86 single family residential lots. The applicant proposes a conventional, 14 acre, 40 lot subdivision for the southeasterly portion of the parcel; and a cluster, Page - 4 45 acre, 46 lot subdivision for the northwesterly portion of the site. The applicant also requests Process IV approval to allow limited intrusions into the required 100 foot setback from lakota Creek. PRELIMINARY PLAT 5. The conventional portion of the subdivision is located within the Single Family Residential (RS-7.2) zone classification of the Federal Way City Code (FWCC) and the cluster portion of the subdivision is located within the RS 15 zone classification. The site plan shows five lots located on both sides of the proposed extension of 315th Street, and 35 lots located north of Southwest 312th Street and east of the future extension of 30th Avenue Southwest. Five lots within the cluster plat abut the east side of 30th Avenue Southwest extended, and the balance of the cluster plat is located west of said road. 6. The site plan shows the 30th Avenue Southwest extended from its present terminus to the north property line of the site, a looped road system serving the cluster subdivision, and a looped road system with cul-de-sacs serving the conventional subdivision. 30th Avenue Southwest will provide direct access to the site from Southwest 320th Street. The applicant will also extend 27th Avenue Southwest into the eastern portion of the plat to provide a second access. The existing 27th Avenue Southwest connects with 26th Avenue Southwest which provides access onto Dash Point Road the intersection with Dash Point Road occurs on the outside of a hairpin curve, and adequate sight distance is available in both directions. ' 7. The main developable portion of the parcel consists of a rectangular area situated on an upland ridge between two streams, Joe's Creek on the west and Lakota Creek on the east. Both of the streams meet the FWCC definition of "major stream", and slopes above the streams meet the FWCC definition of "geological hazardous area". Both of the stream channels meet the definition of "fish and wildlife habitat conservation area", and the Joe's Creek stream channel and its ravine meet the Washington State Department of Fish and Wildlife (WDFW) definition of "urban natural open space". The preliminary plat map shows environmentally sensitive areas set aside in native growth protection tracts (NGPT) and open space tracts. 8. The Lakehaven sewage treatment plant parcel abuts the north property line, and the plant is located about 600 feet downhill from said property line. The lakehaven parcel is within the RS 15 zone classification. Parcels to the south Page - 5 9. 10. 11. are located within the RS 7.2 zone classification and are improved with single family residential dwellings, multi family dwellings, and Decatur High School. Parcels to the east are within both the RS 15 and RS 7.2 classifications and are improved with single family residential dwellings and Dash Point Road. Parcels to the west located in the RS 7.2 classification are improved with single family and multi-family dwellings. Previous uses on the parcel to include surface mining and forest products caused substantial modification to natural grades, removal of second growth timber and construction of roads. However, the applicant's geotechnical engineering report states that the applicant can develop the site as planned, subject to meeting all geotechnical recommendations. FWCC 20-1286 requires the applicant to follow all such recommendations. The applicant commissioned Brookdale Environmental to prepare a Wildlife Habitat and Stream Assessment witch confirmed surface mine and logging impacts. Present vegetation includes scrub shrub grassland in the abandoned mines, and forested areas within the creek ravines and in undeveloped areas to the north. A Wetland Assessment and Stream Buffer Mitigation Plan identified a 3,000 square foot regulated wetland on the northeast property boundary. The applicant will maintain said wetland and an 100 foot wide undisturbed, wetland buffer in a NGPT. The applicant's Wildlife Habitat and Stream Assessment confirmed that Joe's Creek on the west and Lakota Creek on the east meet the definition of "major stream. The FWCC requires a 100 foot setback from the top of major stream banks. The applicant proposes no intrusions into Joe's Creek or its associated 100 foot setback, but will need to intrude into the 100 foot setback from Lakota Creek to connect plat utilities into existing sanitary and storm sewer lines, to construct a pedestrian trail, and to landscape disturbed areas. 12. As previously found, the Joe's Creek stream channel and its ravine meet the WDFW definition of "urban natural open space." The principal method to mitigate wildlife impacts in such areas is to preserve as much of the development as possible in open space. The applicant proposes to maintain 32 of the 59 acre site in open space, which calculates to 54% of the site. The majority of the open space will include environmentally sensitive areas to include streams and adjacent slopes. Th~_Wildlife and Stream Assessment noted the existence of small animal~, but suggests that previous logging and mining activities caused large animals to relocate. Even though bald eagles have build Page - 6 13. 14. 15. 16. two nests within 1.5 miles of the parcel, the site provides no canopies suitable for foraging and the creeks are too small for such activities. While Joe's Creek previously supported runs of salmon, biologists observed no fish. Overall, WDFW is pleased with the amount of open space protecting both major streams. The cluster portion of the preliminary plat satisfies the density limitations set forth in Section 20-153 FWCC. The code authorizes no more lots than could be developed under the applicable zone classification. The code requires subtracting the required open space and streets from gross land available, and dividing the remainder by the minimum lot size of the underlying district. Based upon said calculation, the applicant could obtain 85 lots in a conventional 45 acre plat, but requests 46 lots. According to the Community Development Services Department staff report and the preliminary plat map, lot sizes within the cluster subdivision range from 7,500 square feet to 10,348 square feet and have an average lot size of 8,021 square feet. Section 20-154 FWCC authorizes reduction of lots in cluster subdivisions "up to one-half of the size of the underlying zoning requirement". The applicant proposes the cluster subdivision for the portion of the property within the RS 15 classification which requires a minimum 15,000 square foot lot size. The cluster subdivision therefore satisfies the FWCC minimum lot size requirement. Section 20-154 (b )(3) FWCC provides that where lots in a cluster subdivision abut established single family dwellings or a single family zone, the minimum lot size must equal the neighboring lot size or the underlying zoning minimum lot size minus 10%, whichever is smaller. In the present case lots 61 through 67 abut an established multi-family residential use and therefore said section is not technically applicable. However, lots 61-67 measure between 10,348 square feet and 10,094 square feet, or 40% larger than the minimum lot size required in the abutting RS 7.2 zone classification. Prior to obtaining approval of a cluster subdivision, the applicant must establish that the request satisfies the criteria set forth in Section 20-154 FWCC. Findings on each criteria are hereby made as follows: (a) The cluster subdivision provides an innovative development which promotes the goals of the comprehensive plan to include architectural compatibility with single family housing on adjacent parcels. Exterior lots abut only a multi- family development along the plat's south property line. Lots along the west property line abut the Joe's Creek ravine which measures 661 feet in width; Page - 7 17. 18. 19. lots to the east abut lots and tracts within the subdivision; and lots to the north abut the parcel owned by the lakehaven sewer utility. The applicant has presented examples of homes which will fit well on subdivision lots, and the cluster subdivision, allows the applicant to maintain the Joe's Creek and lakota Creek stream beds and ravines in their natural condition. (b) The subdivision provides common open space on substantially more than 10% of the gross land area, and as previously found, 54% of the parcel will remain in open space. (c) As previously found the only lots abutting an exterior property line abut either the Lakehaven parcel or a multi family parcel. The lot sizes and architecture will be compatible, and the cluster subdivision will not result in destruction or damage to natural scenic or historic features. The City will assure that each dwelling unit will meet the design standards set forth in the Community Design Guidelines For Cluster Subdivision. The staff report and preliminary plat map show that conventional lots range in size from 7,200 to 12,633 square feet and have an average lot size ,of 7,553 square feet. All lot sizes therefore meet the minimum 7,200 square feet as required by the RS 7.2 zone classification. The FWCC requires 15% of the site to remain in open space, and that the open space for the cluster subdivision must be located on site and usable. As previously found the preliminary plat map shows 54% of the site in conservation and usable open space tracts. All usable open space will be available to both the conventional and cluster portions of the plat. Usable open space in the cluster subdivision measures 6.76 acres or 15% of the 45 acre parcel, and usable open space measures 2.08 acres or 15% of the 13.86 acre conventional plat. Usable open space will include structured play areas, a pedestrian trail system, two large tot lots improved with playground equipment, and unimproved recreational open space. The Federal Way Director of Parks, Recreation, and Cultural Services (PARCS) has reviewed and accepted the preliminary open space and landscape plans. The director must approve the final design and location of playground equipment and landscaping. The director has also agreed that the homeowners association may own and maintain all usable open space, as public dedicaticn would not fulfill the goals of the Federal Way Parks Comprehensive Plan. The preliminary landscape plan satisfies the requirements of FWCC Chapter 20 Page - 8 20. 21. 22. 23. as it includes landscaping of the onsite storm drainage ponds and the installation of street trees along public roads. The plan also shows landscaping within usable open space tracts, vegetation enhancement along the tops of slopes, and re-vegetation of the slopes above Lakota Creek. The tree plan and significant tree inventory establishes that 20 of the total of 29 significant trees within the proposed grading areas will be removed. However, the project shows retention of all significant trees and vegetation on steep slopes and within the wetland and its setback. The landscape plan reflects planting of approximately 148 conifer trees within open space and recreational areas. The proposal greatly exceeds code requirements for retention and/or replacement of significant trees. As previously found extensions of the existing 30th Avenue Southwest and 27th Avenue Southwest will provide access to the subdivision. In addition, consistent with FWCC and comprehensive plan policies, the applicant will extend two existing two dead end streets (312th Avenue Southwest, and 315th Avenue Southwest) from their current terminus to 30th Avenue Southwest. The applicant will also construct 30th Avenue Southwest to the north property line to accommodate future extensions. In compliance with the FWCC, the applicant will install five foot wide sidewalks on both sides of all interior streets and exterior street frontages. In accordance with FWCC 20-156, the plat shows 20 footwide, mid-block, pedestrian and bicycle access at appropriate locations. The Mitigated Determination of Non-Significance (MONS) issued by the city environmental official following review under the State Environmental Policy Act (SEPA) requires mitigation of significant traffic impacts. The applicant must pay the project's pro rata share contribution for city transportation improvement projects in a total amount of $53,600.00. The applicant will also construct six speed humps with associated signs and pavement marking. The Traffic Impact Analysis (TIA) recommends two speed humps on 312th Street, two on 315th Street, and on each on 26th Avenue and 27th Avenue. The Public Works director will determine the location of the speed humps as part of the engineering plans review and approval. Because of significant traffic concerns raised by residents of the area, the TIA included a "neighborhood scale traffic impact analysis." The applicant also voluntarily proposed to address future traffic impacts to local streets by performing a neighborhood traffic "after study" upon occupation of 75% of the buildable lots, and will set aside $20,000.00 to construct additional Page - 9 24. 25. traffic calming measures deemed necessary. The "after study" appears a reasonable method to address the longer term impacts to neighborhood streets that cannot reasonably be identified until the occupation of a majority of the subdivision homes. Residents of the area raised concerns regarding traffic impacts associated with the opening of SW 312th St. and SW 315th St. Residents also asserted that plat traffic will require a traffic signal at the intersection of 30th Avenue SW and SW 320th St. The City and the applicant evaluated the need for a traffic signal at the 30th/312th intersection and determined that the traffic generated by the plat will not cause the intersection to meet the warrants for a signal. Extension of 312th and 315th meet adopted policies of the comprehensive plan and standards of the FWCC. Policy TP 20 encourages the City to take advantage of opportunities to open new road connections and to create route alternatives especially in areas with few access choices. Policy TP 21 encourages the City to enhance traffic circulation and access with closer spacing of through streets. Said policy encourages collector streets approximately every 660 feet in the City Center and one quarter mile elsewhere, and local streets with the maximum block perimeter of 2,640 feet. Policy TP 26 encourages the City to employ traffic calming measures in neighborhoods, and Policy TP 28 encourages improved safety on residential streets by reducing street widths and maintaining on-street parking. Such will reduce design speeds and discourage speeding. Section 20-148(c)(d) FWCC prohibits cul-de-sacs longer than 660 feet and provides that block perimeters should not extend more than 2,640 feet. In addition to the speed humps, the City will either install a stop sign or traffic circle at the intersection of 30th/312th, and the applicant will improve the sight distance at the 314th/30th intersection. While the access onto Dash Point Road from 26th Avenue E. is at a hairpin corner, said intersection has no sight distance problems and the accident analysis shows no safety issue. The applicant must construct all streets to FWCC standards to include the following: a) internal plat roads to city local access street standards which include a 32 foot paved width, curb, gutter, street trees, sidewalk, and street lights within a 56 foot right of way; b) existing access streets (30th Avenue, 27'h Avenue, and 314th Street) to minor collector standard (30th will have half street improvements which include paving, curb, gutter, street trees, and sidewalk, and street lights at appropriate locations; c) extension of the dead-end streets of 312th and 315th Streets Southwest to 30th Avenue Southwest to city local streets standards which include curb, gutter, sidewalks, street trees, and street lights at locations determined during engineering plans review, and the pavement width Page - 10 26. 27. 28. 29. to match the existing streets. The applicant must make a per lot payment in accordance with the city School Impact Fee Ordinance to the Federal Way School District to offset the impacts on the district of school-aged children residing in the plat. Children residing in the subdivision will attend Twin Lakes Elementary School, Lakota Junior High, and Decatur High School. The school district agrees that safe walking paths serve Lakota and Decatur and recommends no additional improvements for safe school routes. Even though a more direct route, the school district does not encourage students to walk to Lakota via SR 509. The district will bus students to Twin Lakes Elementary. The Lakehaven Utility District has submitted a certificate of water availability confirming that it will provide both domestic water and fire flow to the site. The Federal Way Fire Department requires a fire hydrant within 350 feet of each lot and will determine the exact number and location of such hydrants during plat construction. The Lakehaven Utility District will provide sanitary sewer service to each lot; and as previously found, will provide public water. The project is vested under the 1990 King County Surface Water Design Manual and the Executive Proposed Basin Plan-Hylebos Creek and Lower Puget Sound. The storm drainage plan proposes to collect and convey water through a series of pipes and catch basins into separate retention/detention ponds within the Joe's Creek and Lakota Creek basins. Drainage for the east basin (Lakota Creek) will collect in an open, detention/water quality wet pond located in Tract 0 in the northeast corner of the site. The pond will detain and filter storm water which will then flow in a tight line to a new, underground, storm pipe which will connect to an existing storm pipe which discharges water to Lakota Creek. Storm water discharging to the west (Joe's Creek) will flow through a water quality bioswale into a retention/infiltration pond on Tract D, separated from the ravine by an internal plat road and a tier of lots. The bottom of the pond will measure approximately 12 feet below existing grade and will infiltrate all storm water into the ground such that no water will discharge to Joe's Creek. An emergency overflow to accommodate events beyond the 100 year, seven day storm will direct water to the eastern detention pond and ultimately to Lakota Creek. The geotechnical report anticipates that the infiltrating ground water will follow the hydraulic gradient which generally corresponds to surface topography. However, a component of the water will flow westerly towards Joe's Creek. An Page - 11 30. 31. increase in seepage in the ravine slope could cause a future surficial movement of the slope at the seepage elevation. A mitigating measure in the MONS defers home construction Lots 68-74 between the detention pond and the ravine until completion of an infiltration monitoring period. The monitoring will determine the buildability of said lots. The applicant must show the area of Lots 68-74 as an open space/potential future development tract with an explanatory text note; or propose an alternative design that eliminates the infiltration impact. The applicant proposes to locate storm drainage pipe, sewer lines, and a pedestrian trail into portions of the top and toe of the Lakota Creek slope. The applicant also proposes to install bioremediation or stabilizing vegetation and fencing to discourage access by people or pets. The City Director of Community Development in accordance with the authority set forth in Section 22-1286 FWCC has properly approved the above described intrusions into "geologically hazardous areas". The bulk of the intrusions are either within or adjacent to an existing abandoned mining/logging road adjacent to the easterly slopes of the site. The geotechnical report evaluated and provided recommendations related to these requests. The Community Development Director reviewed and properly approved the request as being consistent with all decisional criteria set forth in FWCC 22-1286, provided that the applicant meets all recommendations of the geotechnical report which are included as conditions of approval. Prior to approving the preliminary plat application, the Examiner must find that the project satisfies the decisional criteria set forth in FWCC 20-126(c). Findings on each criteria are hereby made as follows: A. As previously found, the preliminary plat application is vested under the 2000 Comprehensive Plan which designates the parcel for development with high density and medium intensity single family dwellings. The proposal satisfies said designation. 8. The project complies will all applicable provisions of Chapter 20 FWCC including those adopted by reference from the comprehensive plan as well as all applicable state and local codes, policies, and regulations. C. The project is consistent with the public health, safety, and welfare assuming compliance with conditions of approval. D. The preliminary plat is consistent with the design criteria set forth in FWCC 20-2. The project promotes an effective use of land and does not Page - 12 32. 33. 34. constitute overcrowding, nor will it overtax utilities and infrastructure. The traffic improvements will ensure that the plat avoids congestion, and will also promote safe and convenient travel on City streets. The plat provides for adequate light c:nd air, water, sewage, drainage, parks and recreational areas, schools and school grounds, and other public requirements such as safe walking conditions. The road system will provide proper ingress and egress, and the subdivision will provide an attractive location for a subdivision serving the needs of the community. The FWCC requires uniform monumenting of land divisions and the conveyance of accurate legal descriptions. The MONS and ordinances assure the protection of environmentally sensitive areas, and the applicant has proposed a cluster subdivision to accommodate the protection of streams, wetlands, steep slopes, and other environmentally significant areas on the site. The preliminary plat satisfies all design criteria set forth in Sections 20-151-157 as previously found. PROCESS IV REQUEST TO INTRUDE INTO STREAM SETBACK Construction of the subdivision requires intrusion into the required, 100 foot setback from Lakota Creek. The applicant must extend storm drainage and sanitary sewers to their present existing outfall points adjacent to the stream, and also desires to establish a pedestrian trail over the top of said utilities. The pathway will follow the same alignment as the new storm pipe and sanitary sewer pipe. The applicant proposes to extend the storm drainage pipe from the Tract 0 storm drainage facility beneath an existing, abandoned, gravel or dirt road to an existing, storm water outfall within the stream setback. The sewer line will consist of an overland, high density, polyethylene pipe descending the Lakota Creek slope from 27th Avenue SW to the gravel road, and then following beneath said road bed to an existing sewer manhole and outfall within the stream buffer. The storm pipe will extend approximately 50 linear feet into the stream buffer and the sanitary sewer pipe will extend approximately 60 linear feet into said buffer. The applicant will revegetate areas disturbed by improvements, and virtually all intrusions will occur within the existing gravel road bed. The FWCC authorizes the hearing examiner to grant stream setback intrusions following a public hearing and finding that the request satisfies the decisional criteria set forth for stream setback intrusions and for Process IV approval. Findings are hereby made on the stream setback intrusion criteria set forth in FWCC 22-445 as Page - 13 follows: A. The intrusion will not adversely affect water quality. Construction of the utilities and pedestrian trail in accordance with applicable state and local codes, policies, and regulations as well as with geotechnical recommendations and conditions of preliminary plat approval will ensure protection of water quality. Because the utility lines will follow an existing dirt/gravel road, no new disturbance will occur. Revegetation of disturbed stream buffer areas will provide additional filtering of surface water drainage. B. The intrusion will not adversely affect the existing quality of wildlife habitat within the stream or setback area. The applicant proposes no structures or clearing within 210-260 feet from the west bank of Lakota Creek, and the proposed pedestrian trail will accommodate non-motorized traffic only. Compliance with adopted storm drainage criteria will ensure no adverse in- stream habitat impacts. Revegetation of areas disturbed within the area will provide enhanced habitat opportunities and additional shading for in-stream habitat. C. The intrusion will not adversely affect drainage or storm water retention capabilities. As previously found, all storm drainage facilities must meet adopted City criteria. D. The construction will not lead to unstable earth conditions nor create erosion hazards. The installation of utilities and the pathway will not modify existing topography and will consist of construction of utility trenches and trail surfacing. The applicant will implement a temporary erosion control plan in accordance with City standards, and a geotechnical engineer will oversee grading and filling activities. Conversion of the existing road bed to a pedestrian trail will prohibit its future use by motor vehicles. E. The intrusion will not materially detrimentally impact any property in the area of the proposed work nor the City as a whole, including the loss of significant open space. The only property affected is owned by the applicant and is part of the preliminary plat which will preserve the Lakota Creek ravine in conservation open space. F. The intrusion is necessary for development of the subject property. Sewers and storm water disposal are essential components of plat infrastructure. No reasonable alternatives exist for the extension of sanitary sewers or the Page - 14 discharge of storm drainage. Prior to gaining approval of the requested intrusion, the applicant must show that the request satisfies the Process IV criteria as set forth in FWCC 22-1312. Findings on each criteria are hereby made as follows: 35. A. The intrusion is consistent with the comprehensive plan which is used as a basis for zoning and SEPA review. The overall project has undergone both zoning and SEPA review and is consistent with both. The project complies with the comprehensive plan designations for the site, and the requested intrusions will enable development consistent with the intent of the comprehensive plan. B. The intrusion is consistent with applicable provisions of the FWCC and all other applicable laws to include FWCC Chapter 22, Zoning, and Chapter 20, Subdivisions. C. The proposed intrusions will benefit the public health, safety, and welfare by providing sanitary sewer service and adequate storm drainage facilities to a proposed preliminary plat which complies with both the comprehensive plan and zoning regulations. D. As previously found, streets and utilities in the area of the subject property are adequate to serve its anticipated demand. E. access to the property is at the optimal location and The proposed configuration. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The applicant has established that the request for preliminary plat approval is consistent with the Federal Way Comprehensive Plan and all criteria set forth in the Federal Way City Code to include the bulk requirements of cluster subdivisions, and the RS 7.2 and the RS 15 zone classifications. Page - 15 The applicant has established that the preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, potable water supplies, fire protection, sanitary waste, parks and recreation, schools and school grounds, and safe walking conditions. 3. 4. The applicant has established that the request to intrude into the 100 foot wide, major stream setback satisfies all criteria set forth in FWCC 20-445 and FWCC 22- 1312. The proposed preliminary plat coupled with the stream intrusion will serve the public use and interest by providing an attractive location for a single family residential subdivision located on a site previously used for a surface mine and timber production. The proposed plat will maintain the Joe's Creek ravine and the Lakota Creek ravine in their natural conditions, will serve the public use and interest, and therefore should be approved subject to the following conditions: 1. Prior to the City's approval of engineering plans, all construction-related recommendations of the applicant's geotechnical report, and conditions of preliminary plat approval, shall be reflected on applicable construction drawings. 2. As required by the Directors of Community Development and Public Works, no grading or clearing activities shall occur on the site between the dates of October 1 st and April 30th, in order to prevent potential erosion impacts to steep slopes and/or sedimentation impacts to adjacent major streams. 3. Prior to final plat approval, the plat map shall be revised to include a text note stipulating that erosion control plans are required for construction of each individual lot. Any additional recommendations related to future home construction, as may be identified by the on-site geotechnical engineer during plat construction, shall be added to the plat map prior to final plat approval. 4. Prior to final plat approval, a text note shall be added to the plat map indicating that maximum lot coverage is 50 percent for lots zoned RS 15- 0, and 60 percent for lots zoned RS 7.2. 5. Prior to final plat approval, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing all landscaping within plat boundaries; including open space tracts, slope Page - 16 9. vegetation, revegetation of disturbed stream buffer areas, visual screening of storm drainage tracts, and street trees; for review and approval by the Directors of Community Development; Public Works; and Parks, Recreational, and Cultural Services (PARCS). Prior to submittal to the City the landscape plan shall be reviewed and signed by a geotechnical engineer and shall reflect all applicable recommendations contained in the applicant's geotechnical report (Exhibit X); and shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations contained in the applicant's Wetland Assessm~nt and Stream Buffer Mitigation Plan (Exhibit X). Pursuant to FWCC § 22-1286(d)(2); §22-1243, §22-1313(3), § 22- 1358(e)(1), the City may require the applicant to pay for the services of a geotechnical engineer and/or wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring, on behalf of the City, as determined by the Community Development Director. 6. Prior to final plat approval, the applicant shall submit a final open space plan depicting the location and design of playground equipment, for review and approval by the Directors of Community Development and PARCS. As determined based on this review, the City may require street signage regarding notification of park area(s) if located near a street curve with limited sight distance, and/or the City may require a raised and marked pedestrian pathway for pedestrian safety. 7. Prior to final plat approval, as required by the Public Works Director, the plat map shall be revised to include a text note stipulating that any open space tract owned by homeowners and improved as required by the City's mid-block pedestrian standard shall be permanently maintained per the constructed standard, with no obstructions or alterations thereto except maintenance. 8. Prior to final plat approval and recording, as required by the Public Works Director, the plat map shall be revised to include a text note stipulating that any landscaping or fencing within private yards, and within common open space, where abutting any City-required mid-block pedestrian pathway, shall not obscure views into the pedestrian pathway for safety purposes. As required by the Public Works Director, construction plans shall reflect Page - 17 10. 11. 12. 13. Department of Ecology discharge standards for both class AA and Class A surface waters, as follows: "Turbidity shall not exceed 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU." The applicant is required to meet this standard for all surface water discharges into Lakota and Joe's Creek during construction and until at least 80 percent of available lots are fully built upon and stabilized. In order to ensure compliance with this standard the applicant is required to provide pre-disturbance monitoring values for background turbidity on both creeks, and provide monitoring on a regular basis (storm event dependant) during construction and as required by the City. As required by the Public Works Director, the Tract "0" detention pond shall be designed in accordance with the "Resource Stream Protection" requirements of the 1998 King County Surface Water Design Manual (KCSWDM) or as otherwise approved by the Public Works Director. As required by the Directors of Community Development and Public Works, prior to final plat approval, Lots #68 through #74 shall be converted to an open space tract, with an associated text note stipulating that any subdivision, sale, or development of any or all of the tract area is prohibited, until completion infiltration monitoring for Tract "0", as required by the City's May 24, 2003 MONS, and a determination of buildability is made by the City; and in the interim such area shall not be sold by the developer; shall be stabilized with hydroseeding, and be kept reasonably free of invasive vegetation. Alternatively, the applicant may propose an alternative design that eliminates the infiltration impact, as documented in a geotechnical report, and if city staff concurs with the alternative and determines it to be consistent with preliminary plat approval, and if approved by Council, all or some of these lots could be platted for sale and home construction. As required by the Director of Public Works, prior to final plat recording, the applicant shall install signage at the north terminus of 30th Avenue SW, identifying the streetfor future connection, as required by the Public Works Director. All on site fencing associated with plat construction is subject to the City's final review an approval of design, location, and any screening. Fencing Page - 18 14. 15. DECISION: shall allow for the migration of small animals. Any chain link fencing, if approved by the City, shall be vinyl coated black or green, and shall be screened with vegetation. Rockeries and retaining walls associated with plat construction must reflect residential-scale, design sensitive materials and landscaping where they are visible from adjacent residences or usable open space. As proposed by the applicant with the City's concurrence, the applicant will address potential future traffic impacts to local neighborhood streets by performing a neighborhood traffic "after study," to be performed when 75 percent of the buildable lots are occupied, and to set aside $20,000 to be used to install additional traffic calming measures that may be identified by the study, as required by the Public Works Director. The request for Process IV approval to allow intrusion into 100 foot wide setback from Lakota Creek is hereby granted subject to the conditions contained in the conclusions above. RECOMMENDA TION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Colella Estates subject to the conditions contained in the conclusions above. DATED THIS 18fu D¿jEè? Hearing Examiner TRANSMITTED THIS 18th DAY OF November, 2003, to the following: AGENT: Kurt Wilson SBI, LLC Land Development P.O. Box 73790 Puyallup, WA 98373 Page - 19 ENGINEER: Mounir "Tom" Touma, PE/PlS Touma Engineers & land Surveyors 6632 South 1915t Place, Suite E-102 Kent, WA 98032 OTHERS: Diana Noble-Gulliford 2754 SW 314th St. Ardeth Garber 2900 SW 312th Place Estate of Tony Colella Tom Taaffe P.O. Box 66706 Dimitry L. Tihomirov 2741 SW 314th St. Michael Uggen 2724 SW 312th Place Tim Miller 1607 E. Main Street Chris Broyces 2748 SW 315th St. Ed Flanigan 826 SW 355th Ct. Ronda Sims 2722 SW 314th St. City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 Federal Way, WA 98023 Federal Way, WA 98023 Seattle, WA 98166 Federal Way, WA 98023 Federal Way, WA 98023 Auburn, WA 98002 Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Page - 20 PRELIMINARY PLAT OF COLELLA ESTATES CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (d) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result ir. any loss of open space or buffering provided in the plat; and The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. (a) (b) (c) Page - 21 PROCESS IV STREAM BUFFER INTRUSIONS PROCESS IV Rights to Appeal Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of that decision under FWCC Section 22-443. The appeal, in the form of a letter of appeal, must be delivered to the Department of Community Development Services within fourteen (14) calendar days after the issuance of the Hearing Examiner's decision. The letter of appeal must contain: 7. A statement identifying the decision being appealed, along with a copy of the decision; 8. A statement of the alleged errors in the Hearing ExaminerDs decision, including specific factual finds and conclusions of the Hearing Examiner disputed by the person filing the appeal; and 9. The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. The person filing the appeal shall include, with the letter of appeal, the fee established by the City of the costs of preparing a written transcript of the hearing (or in the alternative, the appellant may prepare the transcript at his or her sole costs from tapes of the hearing provided by the City).The appeal will not be accepted unless it is accompanied by the required fee and cost (or agreement of the appellant to prepare the transcript). Appeals from the decision of the Hearing Examiner will be heard by The City Council. The decision of City Council is the final decision of the City. The action of the City in granting or denying an application under this article may be reviewed pursuant to RCW 36.7aC in the King County Superior Court. The Land Use Petition must be filed within twenty-one (21) calendar days after the final land use decision of the City.