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Res 04-432 RESOLUTION NO. 04-432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE CROSSPOINTE PRELIMINARY PLAT, FEDERAL WAY FILE NO. 03-101214-00 SUo WHEREAS, the owner, Willex~USA, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Crosspointe and consisting of 1.4 acres into five (5) single-family residential lots located along the west:side of20lh Avenue SWat 35717 20th Avenue SW; and WHEREAS, on February 4, 2004, an Environmental Determination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP Ä,), Chapter 43.21 C; RCW,and WHEREAS, the Federal Way Land Use Hearing Examiner on September 7, 2004, held a public hearing concerning the Crosspointe preliminary plat; and WHEREAS, following the condusion of said hearing, on September 21,2004, the Federal Way Land I Use Hearing Examiner issued a writ~en Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat ofCrosspointe subject to conditions set forth therein; and WHEREAS, the Federal Way Çity Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on October 4, 2004, the City Council Land Use and Transportation Committee considered the record and the Hear,ng Examiner recommendation on the Crosspointe preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendatipn for approval of the proposed Crosspointe preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on October 19, 2()04, the City Council considered the record and the Hearing Examiner , recommendation on the Crosspointe 'preliminary plat, pursuant to Chapter 20 of Federal Way City Code, I Chapter 58.17 RCW, and all other ap~licable City codes. I Res. # 04-432, Page I ORIGINAL Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOL VE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. I I. The findings of fact ,and conclusions of the Land Use Hearing Examiner's September 21, 2004 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 any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter ali~, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and cqnditions of approval as established therein, the proposed subdivision makes appropriate provisions for the; public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, all~ys, other publ ic ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools 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 ~alk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Apprpval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Crosspointe preliminary plat, Federal Way File No. 03-101214-00 SU, is hereby approved, subject to conditions as contained in the September 21, 2004, Report and Recommendation of the Federal Way Land Use Hearing ExaJviner (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 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 condition~ invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be d~emed 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 and I conduct such additional proceeding$ as are necessary to assure that the proposed plat makes appropriate Res. # 04-432, Page 2 provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If an~ 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 constitutiona¡lity 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 I resolution is hereby ratified and affirmed. Section 6. Effective Date. Th¡s 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 19TH DAY OF October, 2004. CITY OF FEDERAL WAY MA /¡(~ CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED As To FORM: ~~tf. ~~~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 10m 2/04 , PASSED By THE CITY COUNCIL: 10/119/04 , RESOLUTION No. 04-1432 Res. # 04-432, Page 3 Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: . ) ) ) ) ) FWHE# 04-08 FW# 01-1 01214-00-SU Related File # 031 01215-SE PRELIMINARY PLAT CROSSPOINTE SUBDIVISION I. ~UMMARY O~LlCA TION , The applicant requests prelimirary plat approval of a five-lot residential subdivision. The proposal includes the subdivision of 1.4 acres into five residential single-family lots. One existing single-family dwelling and two existing outbuildings on the property will be demolished. The proposal al$o includes developing a private access tract what will be reserved for potential future puþlic dedication. Street improvements, water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will be installed to service the plat:. II. PROCEDURAL INFORMATION Hearing Date: : Decision Date: ' September 7, 2004 September 21,2004 At the hearing the following presented testimony and evidence: 1. 2. Jane Gamble, Associate Planner, City of Federal Way Stuart Scheuerman, P.E., ESM, Consulting Engineers, LLC., 720 South 348th Street, Federal Way, WA 98003 Jeff Bellinghau~en, 35809 20th Ave SW, Federal Way, WA 98023 Kim Scattarella, Public Works Engineering and Traffic Division, City of Federal Way 3. 4. At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. I Staff Report with all attachments Memorandum ~orrection Errata to Staff Report I :EXJ."lmlT Pr Page - 3 3. Power Point Presentation (Hard Copy) III. FINDINGS 1. The Hearing Examiner: has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provision$ in this matter and is hereby marked as Exhibit "1" and incorporated in its enti~ety 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 p~ssessory ownership interest in a rectangular, 1.4 acre parcel of property abu~ing the west side of 20th Avenue SW, south of its intersection with SW 3p6th St. within the City of Federal Way. The applicant requests preliminary plat apprôval to allow subdivision of the site into five single family residential lots. : 5. , Improvements on the $ite include a single family residential dwelling and two outbuildings, all of whiþh the applicant will demolish and remove. Vegetation on the site consists of heavy underbrush and trees, and a major of the property , slopes downward in a southwesterly direction with slopes of less than 2%. Abutting uses on the florth side include residential development and undeveloped land while residential subdivisions located within the City of Tacoma abut the sout~ and west sides of the parcel. 6. , The preliminary plat n1ap shows four lots abutting 20th Avenue SW and the fifth I lot located in the nortl1west corner of the parcel behind lots one and two. A stormwater detention facility is located in the southwest corner of the parcel south of the fifth lot and west of lots three and four. A 12 foot wide driveway extends west from 20t~ Avenue SW along the north property line to provide access to lot five, and'a 30 foot wide private access tract extends west from 20th Avenue SW along the'south property line to provide access to the storm drainage facility. Lots one and five and lots two and three have joint accesses onto 20th Avenue SW and loUour will access onto the private access tract serving the storm drainage pond. Page - 4 7. , The parcel is located within the Single Family High Density designation of the City of Federal Way Comprehensive Plan and the Single Family Residential (RS) 9.6 zone classification oJ the Federal Way City Code (FWCC). Section 22-631 FWCC authorizes detacred single family dwelling units as outright permitted uses in the RS 9.6 zone: classification. Said section requires a minimum lot size of 9,600 square feet. frolnt yard setbacks of 20 feet. and side and rear yard setbacks of five feet. Said section also authorizes a maximum lot coverage of 60%. The preliminary plat map shows that all lot sizes satisfy the bulk regulations of the RS-9.6 zone clas$ification, and that the rectangular lot shapes provide a reasonably sized buildi~g envelope for single family residential home. , 8. No wetlands exist on oriwithin 200 feet of the parcel as established by a wetland I assessment. and no priority species of wildlife inhabit the site or nearby vicinity. The alderwood gravelly:sandy loam soils can support urban development. Six trees on the site meet tfue definition of "significant". and the applicant will retain three of such trees. Pur$uant to Section 22-1568 FWCC. the applicant will not need to replace signific~nt trees. In accordance with Ch~pter 20 FWCC the applicant proposes to make a "fee in lieu" payment as opposed to dedicating open space. The City will calculate the fee in lieu based upon 15% of the assessed value of the property or a recent appraisal thereof. . 9. 10. The applicant will construct half street improvements on the west side of 20th Avenue SW across the;plat frontage. Half street imp(ovements include a four foot wide planter strip, ~ve foot wide sidewalk, and three foot wide utility strip. Furthermore, as part o~ the required school access route, the applicant will construct a five foot wi~e, asphalt, walking path next to the driving surface of 20th Avenue SW from the nprth property line of the plat to the existing sidewalk on SW 356th S1. The appliœant will separate the walking path from the travel surface by an extruded asphalt; curb. The private easement providing access to lot four and the storm drainag~ pond will include a four foot wide planter strip and five foot wide sidewalk. 11. , All five I-ots in the subd¡vision will have ownership of the private access tract serving the storm drainage pond and must execute a maintenance agreement with language approved by the City. Improvements on the 30 foot wide access tract will include a 20 fpot pavement width with vertical curb and gutter. four foot planter strip, street trees, and a five foot wide sidewalk on the north side of the Page - 5 12. 13. 14. tract. The applicant wm also set aside the tract for future right-of-way dedication. Schools serving the sit~ include Enterprise Elementary, lIahee Junior High, and Federal Way Senior High. The school district provides bus transportation to all schools and walking paths from the plat provide safe access to school bus stops located at the intersection of 18th Avenue SW and SW 357th St. and at SW 356th and 20th Avenue SW. l\s previously found, the applicant will provide a safe route for school related ped~strian traffic with the five foot wide, asphalt, walking path extending to the existirJg sidewalk on SW 356th St. The appHcant must also comply with the City Sœhoollmpact Fee Ordinance and make a per lot payment to the district of $3,269 per single family housing unit, collected at the time of building permit issuanQe. , The Lakehaven Utility pistrict will provide both potable water and fire flow to the site and will also provide public sewer service to each lot. The applicant will design all storm drainage facilities to the standards set forth in the 1998 King County Surface Water ¡Design Manual and the City's amendments thereto. The City's Public Works D~partment has reviewed the technical information report provided by the applicant's consulting engineers. The drainage plan proposes to collect stormwater frorP impervious surfaces and direct it to a private stormwater detention and water quality facility near the southwest corner of the site. The City will approve the fii1al review of the facility and storm drainage plan. The applicant proposes to discharge stormwater from the site to the City of Tacoma's conveyance system wbich discharges to Commencement Bay. The detention pond will drain into a ditch which discharges to a catch basin at the start of the City of Tacoma's stormwater conveyance system. An abutting property owner testified that flooding occurs in the ditch area, and the applicant confirms standing water due to the flat topography. The applicant attempted to acquire an easement extending frþm the storm drainage pond to Tacoma's catch basin. However, the abutting :property owner was unwilling to grant the easement. Even without the easement the storm drainage system meets all adopted City standards, and the vol~me of stormwater discharged from the plat will not exceed existing runoff'and will therefore not contribute to downstream flooding. , The abutting property þwner to the south expressed concerns regarding the a paved private access _ract and sidewalk. The access road essentially dead ends at the storm drainage þond, and the City has placed a barricade at the terminus. Children and other pe~estrians access parcels to the west via the access tract, and trespass on the property to the south.' Paving the road and installing a Page - 6 , sidewalk will likely incre~se the pedestrian cut through traffic. The Examiner has therefore added a condition of approval which requires the applicant to construct a six foot high, solid bo~rd fence along the south property line of the parcel. 15. A. Prior to obtaining prelimlinary plat approval the applicant must establish that the request satisfies the critßria set forth in Section 20-126(C) FWCC. Findings on each criteria are hereby: made as follows: , As previously found, the project is consistent with the Single Family High Density designation of the comprehensive plan. , B. The preliminary þlat must comply with the provisions of FWCC Chapter 18 "Environmental Policy"; Chapter 20 "Subdivisions"; Chapter 22 "Zoning"; and all other applicable City codes and regulations. Conditions of approval ensure compliance with all requirements. C. The project will ~e consistent with the public health, safety, and welfare, assuming compljance with conditions of approval and adopted City standards. : D. The preliminary plat complies with the design criteria set forth in Section 20-2 FWCC. ' E. The preliminary plat complies with the development standards set forth in Sections 20-15tthrough 157, and Sections 20-158 through 187. IV. CONCLUSIONS From the foregoing findings t~e Hearing Examiner makes the following conclusions: 1. 2. 3. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed preliminary plat is consistent with the Single Family High Density designation of the F~deral Way Comprehensive Plan and satisfies all bulk regulations of the RS 9.6 zone classification. The proposed preliminary plat satisfies all criteria set forth in Section 20-126(C) FWCC. Page - 7 4. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, pota;ble water supplies, sanitary sewers, transit stops, schools and school grounds, parks and playgrounds, and safe walking conditions. The preliminary plat will se~e the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved subject to the following conditions: 1. 2. Final plat appro~al shall require full compliance with drainage provisions set forth in the FWQC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage I plans and analysis shall comply with the 1998 KCSWDM and ame~dments adopted by the City of Federal Way. City of Federal Way app~oval of the drainage and roadway plans is required prior to any construction. , , B. On-site s~ormwater quality treatment and detention using level 2 flow control sl1all be provided using the basic water quality menu options of the 19$8 KCSWDM as amended by the City of Federal Way. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: A. 20th Avenue SW shall be improved along the frontage the project as a Minor Collector, half-street improvement. Improvements will include a minimu:m of 18 feet ot pavement from the centerline of the right-ot- way, vertical curb and gutter, four-toot planter strip, street trees, streetligHts, and five-toot sidewalk, and three-foot utility strip within existing dght-of-way (curb, planter strip, sidewalk and utility strip will be provided on only the west side of 20th Avenue SW). , B. The private access tract shall be improved to the private access tract , Page - 8 , standard and shall be limited to serving Lot 4 and providing access to the private stormwater detention pond. All five lots in the subdivision shall have: undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tract shall be included on the plat and the language approved by the City. Imprbvements shall include a 30 foot tract width and 20 foot pavement width with vertical curb, gutter, four-foot planter strip, and a five foot wide sidewalk on the north side of the street. A three foot wide utility easement shall be provided along the southern lot line of Lot 4. Tract length shall be limited to a maximum of 150 feet from face of curb to'end of the tract. C. The private access tract shall have a minimum pavement section of three inches of Class B asphalt over seven inches of crushed surfacing, on all internal streets; 20th Avenue SW shall have three inches of'Class B asphalt over eight inches of crushed surfacing. 3. Clearing for the: construction of the plat improvements (roads, pond, and utilities) shall be:generally consistent with the clearing limits depicted on the Preliminary Road Grading, Storm Drainage, and Utility Plan, Sheet 4, that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the: Community Development and Public Works Department during final engineering plan review as required to reflect changes in road and utility desighs, if any. 4. The applicant sHall construct an attractive, well built, six foot high, solid board I fence along the 'applicant's south property line. The applicant shall install the posts in concre,e and cap the posts. Page - 9 RECOMMENDA TION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Crosspointe be approved subject to the conditions contained in the conclusions above. ' TRANSMITTED THIS 21st DAY OF September, 2004, to the following: , ENGINEER: Stuart Scheulerman, P.E. ESM, Consulting Engineers, LLC. 720 South 3~8th Street FederalVVay~ VVA 98003 Willex - USÄ, 206-95.3-8421 31182 3rd Coiurt South Federal Way, WA 98003 . OWNER: Jeff Bellinghausen 35809 20th Ave SW FederalVVay, VVA 98023 Page - 10 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, follþwing 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 fo~ 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 evidßnce 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 exéJiminer improperly excluded or omitted the evidence from the record. If the city council Ctoncludes, 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 incomlplete or not adequate to allow the city council to make a decision on the application, thß city council may by motion remand the matter to the hearing examinér with the dir~ction 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 headng. 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 appro~e 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: (c) The change will not have the effect of increasing the residential density of the plat; The change will not re$ult in the relocation of any access point to an exterior I street from the plat; The change will not re$ult in any loss of open space or buffering provided in the plat; and ' (a) (b) Page - 11 (d) The city determines thcilt the change will not increase any adverse impacts or undesirable effects of ~he project and that the change does not significantly alter the project. !