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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