19-101019CITY OF
Ak Federal flay
Centered on Opportunity
Sergey and Galina Bozhko
1300 SW Campus Drive, 12-6
Federal Way, WA 98023
both bz&ai on.
Re: File No. 19-101019-00-AD; RESPONSE TO INQUIRY
Wynstone Lot 45 Open Space Fee, 340XX 131h Court SW, Federal Way
Dear Mr. and Mrs. Bozhko:
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway.. com
Jim Ferrell, Mayor
April 5, 2019
City staff has reviewed your inquiry regarding the calculation of open space for lot 45 in the Wynstone Subdivision.
Your inquiry pertains to construction of one new single-family residence on lot 45. In summary, the open space fee for
Wynstone lot 45 for one new single-family residence is $1,616.09.
As you are aware, the Wynstone final plat was approved by the City Council and recorded in 2008, under King County
Recording number 20081216001238. On sheet 2 of the final plat map there is a note regarding open space on lot 45 as
follows:
"Due to the proposed multi -family development on lot 45, open space on lot 45 was not provided with this
subdivision. Open space on lot 45 must meet the greater requirement of Federal Way Subdivision code
requirement of 15 percent gross open space, or the multi -family open space/recreation area requirements of
FWCC section 22-667. Review and approval of the lot 45 open space will occur in conjunction with
permitting and development on lot 45. Open space on lot 45 shall be provided on -site and in accordance with
provisions of FWCC section 22-667, note 2."
Lot 45 is zoned Multi Family RM 2400x with a concomitant zoning agreement. A single-family residence is a permitted
use for the RM 2400* property. As identified in the plat note, the Federal Way PBvised Code open space requirement was
not fulfilled for lot 45 when the plat was recorded.
Since the proposed use of lot 45 is now for one single-family residence, the expected impact on open space is the same
as the impact resulting from each of the other 44 single-family lots in Wynstone, The total open space fee paid for the
other 44 tots in the Plat of Wynstone was $71,108.02. This equates to a rate of $1,676.09 per lot ($71,108.02/44 lots
$1,616.09 per lot). Therefore, the lot 45 open space fee- in -lieu of on -site open space is $1,616.Orl. This open space fee
will be due at the time of building permit issuance for the proposed single-family residence.
If you have any questions or need any additional information, please contact Senior Planner Jim Harris at 253 835-2652,
or jim.harris@cityoffederahvay.com.
Sincerely,
r
Robert "Doc" Hansen
Planning Manager
c: Jim Harris, Senior Planner
John Hutton, PARCS Director
Kari Cimmer, Permit Center Supervisor
Doc. I.D. 78939
19-101019-00-AD
CIT
Federal Way
�.,,IARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8°i Avenue South
PO Box 9718
Federal Way WA 98063-9718
253-835-2607;Fax 253-835-2609
www.cityoffederalwa y.com
PARKS MITIGATION FEES/FEE-IN-LIEU
Name of Project: Plat Of W nstone Project #: 08-100695-00-SU
Tax Parcel#: 192104 9030 & 192104 9044
Applicant (payingfee): Mike Kershner, W nstone Properties LLC
Address: 6002 Ford Drive NW; Gig Harbor WA 98335
Total Amount Collected: $71,108.02 Receipt Number: Date Collected:
FEES COLLECTED
Type of Fee
Based on
Amount Received
Management Services
Quadrant
Account
Account
Parks Fee -in-
8.195%
$71,108.02
303-0000-000-345-85-001
8055
Lieu
Copy to: Management Services (Mark)
Development Services (will)
Planner (Jim Harris)
Parks (Donna Hansen)
*Always give a copy of this completed form to Management Services.
CITY OF 4A
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
TO: Linda Kochmar, Chairperson
Land Use and Transportation Committee
FROM: Greg Fewins, Director of Community Development Services
Jim Harris, Senior Planner
VIA: Cary M. Roe, P.E., Assistant City Manager
RE: Request for Wynstone Final Plat Approval
File #08-100695-00-SU
DATE: September 16, 2008
I. RECOMMENDATION
City of Federal Way staff has reviewed the Wynstone final plat for compliance with preliminary plat
conditions and all applicable codes and policies, and recommends approval of the final plat
application.
II. INTRODUCTION
Request: Request for final plat approval for Wynstone Subdivision.
Description: The Wynstone Subdivision consists of a total of 45 lots. The subdivision includes 44
single-family lots and one additional one -acre parcel for multi-fainily development.
Access to the site is from SW Campus Drive at the intersection of 1011, Avenue SW,
from the west from SW 340t" Street adjacent to Saghalie Park, and from the south by
1211' Avenue SW. All required roads, sidewalks, storm drainage facilities, sewer
lines, and water lines have been constructed and/or financially guaranteed in
accordance with preliminary plat approval granted by the City Council on January
18, 2005.
Owner/
Applicant: Mike Kershner
Wynstone Properties LLC
6901 Ford Drive NW
Gig Harbor, WA 98335
Engineer: Jim Jaeger
Jaeger Engineering
9419 South 2041 Place
Kent, WA 98031
Location: Generally located along the south side of SW Campus Drive at the intersection of
100, Avenue SW. NW '/4 of Section 19, Township 21 N., Range 4 E., W.M., Federal
Way, King County (see Exhibit —Vicinity Map).
Sewer: Lakehaven Utility District
Water: Lakehaven Utility District
Fire Dept.: South King Fire and Rescue
School Dist.: Federal Way School District
Prepared By: Jim Harris, Senior Planner
III. HISTORY AND BACKGROUND
The Wynstone Subdivision is a proposed subdivision of 45 lots. Lots 1 — 44 are intended for single-
family use and lot 45 is intended for multi -family development. (Exhibit B — Final Plat Map). The
Wynstone Preliminary Plat, File No. 03- 1 02630-00-SU (Exhibit C — Preliminary Plat Map) was
granted approval by the Federal Way City Council on January 18, 2005, per Resolution 05-439
(Exhibit D — Wynstone Preliminary Plat Resolution).
Zoning for the southern portion of the site (lots 1-4, and lots 18-44) is RS 7.2 (Single -Family
Residential) with a minimum lot size of 7,200 square feet.
Zoning for the northern portion of the site (lots 5-17) is RM 2400 (Multi -family Residential). Lots in
the RM 2400 zone must have a minimum lot size of 5,000 square feet for a single-family residence.
Lot 45 may develop with up to 16 multi -family units as permitted by the zoning code and
Concomitant Zoning Agreement approved for the RM 2400 portion of the site. The Concomitant
Zoning Agreement was approved by the City Council concurrent with the preliminary plat approval,
under City File No. 03-102632-UP, and recorded under King County recording number
20050603001039.
The final plat map and lot closure calculations were reviewed to ensure all lots meet the minimum
size requirement.
The developer applied for final plat approval on February 12, 2008. However, additional information
was required in order to have a complete application. The application was determined complete on
September 2, 2008. Improvements installed under Engineering Application Number 05-10303 1 -00-
EN are now complete and/or bonded per Performance Maintenance No. 5779075 in the amount of
$387,465.60. Pursuant to RCW 58.17.110 and FWCC Section 20-136, the City Council is charged
with determining whether the following requirements have been met:
1. If the proposed final plat conforms to all terms of the preliminary plat approval;
2. If the subdivision meets the requirements of all applicable state laws and local ordinances that
were in effect at the time of preliminary plat approval;
3. If all taxes and assessments owing on the property have been paid; and
4. If all required improvements have been made or sufficient security has been accepted by the
City.
City of Federal Way staff has reviewed the Wynstone final plat application for compliance with
Land Use and Transportation Committee Page 2
Request for Wynstone Final Plat Approval File #08-100695-00-SU/nog i n 47029
preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and
plat conditions have been met. A proposed resolution of the City of Federal Way, Washington, to
approve the Wynstone final plat is enclosed (Exhibit E — Draft Resolution of Wynstone Final Plat
Approval).
IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS
The following lists conditions of preliminary plat approval in the same order referenced in Federal
Way City Council Resolution 05-439. Required improvements have been completed and/or
financially guaranteed as allowed by FWCC Section 20-135. The resolution adopted the findings of
fact and conclusions of the Land Use Hearing Examiner's December 29, 2004, Report and
Recommendation.
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommended approval of the preliminary plat
subject to the following conditions:
Under the terms of the existing Concomitant Zoning Agreement, approval of a new
Concomitant Agreement is required concurrent with approval of the preliminary plat on parcel
192104-9044. Therefore, the associated proposed Concomitant Agreement must be adopted
concurrent with approval of the preliminary plat.
Staff Response: This condition has been met. The Concomitant Zoning Agreement was
approved concurrent with the preliminary plat approval by City Council Resolution 05-439 on
January 18, 2005.
2. Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised
landscape plan that includes the following landscaping to be approved by the City:
A. Arterial buffer landscaping in Tract C per FWCC Section 20-178;
B. Street trees in right-of-way landscape planter strips per Public Works Department
Standards;
C. Landscaping of Tracts D and H with vegetation including trees, shrubs, and groundcover,
to provide a visual separation between the public right-of-way and the proposed
stormwater facilities. These landscape tracts shall be owned and maintained by the
homeowners' association. The landscape tracts shall be developed with Type III
landscaping. If cyclone fencing is used around the storm drainage ponds, the fencing shall
be coated black or green.
D. Restoration and landscaping of slopes resulting from clearing, grading, and construction
roadways.
E. Significant tree retention and protection in compliance with FWCC standards.
F. Landscaping adjacent to proposed retaining walls on lots 5-9.
Staff Response: This condition has been met. Planning Division and Public Works Department
staff reviewed and approved landscape plans meeting the FWCC requirements and condition
above. The landscape plan has been implemented and inspected by City staff.
Land Use and Transportation Committee Page 3
Request for Wynstone Final Plat Approval File 408-100695-00-SU/Doc I D 47029
3. Based on the August 19, 2004, recommendations from Berquist Engineering Services, the final
plat map shall note that all building foundations shall be setback from retaining walls a distance
equal to the height of the wall. Based on December 15, 2003, recommendations in the Berquist
report, and the April 15, 2004 amendment, buildings on lots 19, 20, and 45 shall be setback a
minimum of 10 feet from the top of the slope that exceeds 10 feet vertical height. Design and
construction of the project shall comply with all requirements and recommendations of the
Berquist Engineering analysis and reports dated December 15, 2003, and April 15, 2004.
Staff Response: This condition has been met. A note implementing these requirements is
included on sheet 2 of the final plat.
4. Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus
stop shelter footing and bus stop landing in accordance with King County Metro standards for
the site frontage along SW Campus Drive. Prior to construction, the applicant shall provide
approval of the landing design and location from Metro.
Staff Response: This condition has been met. A bus stop footing and landing in accordance
with King County Metro standards has been constructed at the intersection of 10111 Avenue SW
and SW Campus Drive.
5, The final plat map shall include a note to the following effect: Due to the proposed multi -family
development on lot 45, open space on lot 45 was not provided with the subdivision. Open space
on lot 45 must meet the greater requirement of the Federal Way Subdivision Code requirement
of 15 percent gross open space, or the multi -family open space/recreation area requirements of
FWCC Section 22-667. Review and approval of the lot 45 open space will occur in conjunction
with permitting and development on lot 45. Open space on lot 45 shall be provided on site and
in accordance with provisions of FWCC Section 22-667, note 2.
Staff Response: This has been met. A note meeting the requirements of this condition is
included on sheet 2 of the final plat.
If included in the final engineering design, retaining walls and rockeries design shall be
harmonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation, and
textural treatment to be designed by the applicant and approved by the Community
Development Services Department.
Staff Response: This condition has been met. The few walls that are on the site have been
reviewed and approved by City staff in accordance with this condition.
7_ The applicant shall add a note to the final plat and a notice on the title of lots 22, 25, 19, 20, 40,
41, 42, 43, and 44 of the fact that 13th Court SW will provide access to lot 45, which will
develop with 16 multi -family or single-family residential units.
Staff Response: This condition will be met when the applicant records "title notifications" on
the subject lots, concurrent with final plat recording. The title notifications cannot be recorded
until the plat is recorded. The note implementing this condition is on the final plat map and will
be slightly modified before plat recording to meet the condition of plat approval.
Land Use and Transportation Committee Page 4
Request for Wynstone Final Plat Approval File 408-100695-00-SU/Doc. Ln. 47029
V. SEPA
A Mitigated Determination of Nonsignificance (MDNS) was issued on September 1, 2004, in
accordance with the State Environmental Policy Act (SEPA). The following conditions (summary)
of approval were identified:
In order to mitigate potential erosion impacts to the infiltration facilities at Panther Lake
downstream of this project, clearing grading and street/utility work for the plat improvements is
not be permitted from October 31 to March 30, unless approved in writing by the Public Works
Director.
Staff Response: This condition has been met. This seasonal work restriction was included as a
condition of the engineering plans as approved by the Public Works Department.
2. In order to mitigate for the adverse transportation impacts of the new trips generated by the
development on existing transportation network, prior to final plat approval, the applicant shall
construct the five City Transportation Improvement Plan (TIP) projects impacted by the
proposal, or, in lieu of constructing these TIP projects, prior to final plat approval, the applicant
may voluntarily pay a pro-rata share contribution of $98,688.00 for the 44 single-family lots,
and $20,554.00 for the multi -family project toward construction of the impacted TIP projects.
Staff Response: This condition will be met before the recording of the plat. The applicant has
chosen to pay the pro-rata traffic mitigation fee of $98,688.00. The multi -family project is not
proposed or permitted at this time.
The completion of SW 340th Street between 121h Avenue SW and 1911, Avenue SW would create
a new route between neighborhoods to the south and Saghalie Junior High School, and
shopping areas to the west of the development. This could adversely impact the safety of
access to the school. Therefore, prior to final plat approval, the applicant shall construct two
speed humps in accordance with City standards on SW 340th Street between 131h Court SW and
19th Avenue SW to mitigate safety impacts associated with the increase in speed and volume of
traffic on SW 34011 Street.
Staff Response: This condition will be met prior to final plat approval. The applicant has
installed one of the speed humps and has scheduled the remaining speed hump to be installed
by September 19, 2008.
VI. DECISIONAL CRITERIA
Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been
met, the City Council may approve the final plat for recording:
The final plat is in substantial conformance to the preliminary plat.
Staff Response: This criterion has been met, as the Wynstone final plat is representative of the
preliminary plat and the conditions of preliminary plat have been met or financially guaranteed
through bonding.
The final plat is in conformity with applicable zoning ordinances or other land use controls.
Staff Response: This criterion has been met. The plat meets the zoning standards for the RS
Land Use and Transportation Committee Page 5
Request for Wynstone Final Plat Approval File 408-100695-00-SU/ooc t.n. 47029
7.2 zoning district for the southerly portion of the site, which is zoned RS 7.2. The RS 7.2
portion of the site provides single-family dwelling unit lots that range from 7,200 square feet to
15,645 square feet in size.
The northerly portion of the site is zoned RM 2400 and is also governed by a Concomitant
Zoning Agreement adopted concurrently with the preliminary plat approval on January 18,
2005. The northerly portion of the site includes lots with a minimum size of 5,000 square feet.
Lot 45 is approximately one acre in size and could be developed with up to 16 multi -family
units. The plat conforms to the applicable FWCC and Concomitant Zoning Agreement.
As provided for in FWCC Section 20-135(b), a performance/ maintenance bond is in place for
the entire plat including streets and all infrastructure.
That all conditions of the Environmental Determination, the Hearing Examiner, and/or City
Council have been satisfied.
Staff Response: This criterion has been met as noted in the staff comments above. All plat
conditions have been met and/or are financially guaranteed to be completed within two years of
final plat approval. All life safety improvements have been completed.
4. That the public use and interest shall be served by the establishment of the subdivision and
dedication by determining if appropriate provisions are made for, but not limited to, the public
health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, and schools and school grounds, and shall consider all other relevant facts,
including sidewalks and other planning features that assure safe walking conditions for students
who walk to and from school.
Staff Response: This criterion has been met. The final plat is consistent with applicable zoning
and subdivision regulations, and ensures the public health, safety, and welfare is protected. The
plat infrastructure has been installed and adequately financially guaranteed as discussed above,
including: safe walking routes of travel to schools and school bus stops, open space provided via
fee -in -lieu of payment and on -site open space, drainage systems and water and sewer installed,
and street improvements. The applicant is providing a partial fee -in -lieu of open space, and
providing partial on -site open space in accordance with FWCC 20-155.
That all required improvements have been made and maintenance bonds or other security for
such improvements have been submitted and accepted.
Staff Response: This criterion has been met. All road, pedestrian pathway, and storm drainage
improvements have been constructed and/or financially guaranteed. In addition, all water and
sewer lines have been installed and approved by Lakehaven Utility District as identified in the
April 23, 2008, letter of substantial completion from Lakehaven Utility District (Exhibit F—
Lakehaven Substantial Completion Letter).
6. That all taxes and assessments owing on the property being subdivided have been paid.
Staff Response: Prior to recording, King County Department of Assessments will ensure that
all taxes and assessments have been paid.
VII. CONCLUSION
Staff recommends approval of the Wynstone final plat. Based on site visits, review of the final plat
Land Use and Transportation Committee Page 6
Request for Wynstone Final Plat Approval File #08-100695-00-SU/Doc I.D. 47029
maps, construction drawings, and the project file, staff has determined that the application for the
final plat meets all platting requirements of RCW 58.17.110 and Section 20-136 of the Federal Way
City Code. Plat infrastructure improvements have been substantially completed and/or financially
secured to guarantee that the plat conditions and code requirements will be completed within two
years of final plat approval as allowed by FWCC Section 20-135. The project has been developed in
conformance with the preliminary plat approval, Resolution 05-439.
EXHIBITS
ExhibitA
Vicinity Map
Exhibit B
Reduced Copy of Wynstone Final Plat Map
Exhibit C
Reduced Copy of Approved Wynstone Preliminary Plat
Exhibit D
Resolution 05-439, Wynstone Preliminary Plat Approval
Exhibit E
Draft Resolution of Wynstone Final Plat Approval
Exhibit F
Lakehaven Substantial Completion Letter
Land Use and Transportation Committee Page 7
Request for Wynstone Final Plat Approval File 408-100695-00-SU/Doc I.D. 47029
A_��
CITY OF
Federal Way
DATE: April 29, 2008
TO: Donna Hanson, PARCS Director
FROM: Jim Harris
MEMORANDUM
Community Development Services
Department
SUBJECT: Wynstone Final Plat Open Space Calculation and fee in lieu of open space calculation
(08-100695-00-SU)
Donna: The Wynstone final plat is in for final review and Council approval. The preliminary plat processed a
few years back was approved with a menu of open space including: buffer, usable, constrained and partial
fee in lieu of on -site open space.
The applicant has provided a worksheet showing the proposed open space quantities, and calculation of the
remaining balance of fee in lieu of on -site open space. A copy of the worksheet (with my handwritten notes)
is attached.
I have checked the final plat map and all the calculations on the worksheet, which all appear correct and
meet applicable FWCC requirements.
In summary, the applicant is proposing 6.9 percent on -site open space in constrained, usable and buffer open
space, and 8.195 percent fee in lieu of on -site open space.
So, the 8.195 percent fee in lieu equates to $71,108.02 fee in lieu, based on a 2008 assessed valuation of
$867,700.00 for the subject Wynstone land value.
I recommend the open space calculation and fee be approved. Please let me know if you concur with this
analysis and open space calculations.
Let me know if you have any questions.
Enc: 2008 tax statement parcel 192104-9030 and 192104-9044.
Jaeger Worksheet with Harris notes, 4-28-08.
Doc. I D. 45262
RECEIVED REQUEST FOR ADMINISTRATIVE DECISION
f COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF
33325 8`h Avenue South
Federal Way
MAR 0 5 2019 Federal Way, WA 9800
253-835-2607;Fax 253-835-2609
CITY OF FEDERAL WAY www.cityoffederalway.com
FILE NUMBER - CI - [
Applicant
NAME
MAILING ADDRESS
CITY
Property Address/Location.
COMMUNITY DEVELOPMENT
C) / b
�`
STATE Ael.,
wl-q
1�� 0091,
Date
tr � 3y011�r
For Staff Use
❑ Code Interpretation/Clarification
❑ Critical Areas Letter/Analysis/Peer Review
❑ Request for Extension (Land Use/Plat Approval)
❑ Revisions to Approved Permit
❑ Tree Removal
❑ Zoning Compliance Letter
PRIMARY PHONE
FAX
Bulletin #079 — January 4, 2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision