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
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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.
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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
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Page - 2
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
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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
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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,
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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
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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
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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;
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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
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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
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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
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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
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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
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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
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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.