LUTC PKT 01-10-2005
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City.of Fedèral Way. ,
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Janua '.10, 2005
6:30 pm
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MEETING AGENDA
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES: December 6, iO04
3.
PUBUC COMMENT (3 minutes)
BUSINESS ITEMS
4.
A.
West Hylebos Creek Restoration Construction Project Final
E.
Planning Commission Work Program
Action Bucich/S Min
Action Bucich/S Min
Action Harris/10 Min
Action Conlin/20 Min
Action McClung/25 Min
B.
SW 356th Regional Pond Fence Project - 100% Design Approval
and Authorization to Bid
c.
Wynstone Preliminary Plat and Concomitant Agreement
D.
Brown's Point & Dash Point UGA Resolution
5.
FUTURE MEETINGS/AGENDA ITEMS
6.
ADJOURN
Committee Members
Jack Dovey, O1air
Eric Faison
Michael Park
GtyStaff
Kathy McOung, Community Development Services Director
E Tina Piety, Administraöve Assistant
253-835-2601
G:\LUTC\LUTC Agendas and Summaries 2005\100081)" 10. 2005 LUTC Agendo,doc
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December 6, 2004
5:30 p.m.
City Hall
Council Chambers
MEETING MINUTES
In attendance: Committee Members Jack Dovey, Chair, Eric Faison and Michael Park; Mayor Dean McColgan, Deputy Mayor
Linda Kochmar, Council Member Jeanne Burbidge, Council Member Jim Ferrell; City Manager David Moseley; Assistant City
Attorney Amy Jo Pearsall; ~puty Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; Street Systems
Project Engineer AI Emter; Street Systems Engineer John Mulkey; Senior Traffic Engineer Maryanne Zukowski; Community
Development Services Director Kathy McClung; Deputy Community Development Director Greg Fewins; Associate Planner
Isaac Conlin; and Administrative Assistant Krystal Kelsey.
1. CALL TO ORDER
Chair Dovey called the meeting to order at 5:34 pm.
2. APPROVAL OF MINUTES
The summary minutes of the November 15, 2004, meeting were approved as presented.
3. PUBUC COMMENT
None.
4.
BUSINESS ITEMS
A.
Annexation Effective Date Update - Mr. Conlin presented the staff report to the Committee. Staff
recommended that the City Council adopt an ordinance establishing an annexation effective date of January 1,
2005 for the North Lake, Parkway, and Redondo East annexation areas, contingent upon completion of a
Memorandum of Understanding with the County to address police and permitting operational issues.
Council Member Burbidge suggested that the Council consider communicating formally with King County in the next
week if they do not communicate with the City. Mr. Moseley committed to preparing a letter for that purpose.
The Committee m/s/c to forward the staff recommendation to City Council for approval
B.
14th Avenue South at South 312th Street Signal, Project Acceptance - Mr. Miller presented the staff report
to the Committee. Staff recommended authorizing final acceptance of the completed 14th Avenue South at South
312th Street Project, constructed by Signal Electric, in the amount of $118,639.69 as complete.
The Committee m/s/c to place the staff recommendation on the December 21, 2004, Council Consent Agenda.
c.
Resolution Adopting the Inter-Juñsdictional Regional Hazard Mitigation Plan - Mr. Miller presented the
staff report to the Committee. Staff recommended approving the resolution to adopt the Inter-Jurisdictional
Regional Hazard Mitigation Plan.
The Committee m/s/c to place the staff recommendation on the December 21, 2004, Council Consent Agenda.
D.
Pacific Highway South HOV Lanes Phase I (South 312th Street to South 324th Street), Project
Acceptance - Mr. Salloum presented the staff report to the Committee. Staff recommended authorizing final
acceptance of the completed Pacific Highway South HOV Lanes Phase I (South 312th Street to South 324th Street)
Project, constructed by SCI Infrastructure, LLC, in the amount of $8,412,494.48 as complete.
The Committee m/s/c to place the staff recommendation on the December 21, 2004, Council Consent Agenda.
E.
South 288th Street at SR-99 Signal and Intersection Improvements, Project Acceptance - Mr. Salloum
presented the staff report. Staff recommended approving final acceptance of the completed South 288th Street at
SR-99 Signal and Intersection Improvements Project constructed by Frank Coluccio Construction Co, in the amount
of $1,695,561.49 as complete.
The Committee inquired about the change from double C-Curb to single C-Curb near the Shell station. Mr. Salloum
answered that staff had the single C-Curb installed to allow left turns into and out of the Shell station. Staff feels
that this is a viable option, but should it pose a problem in the future, the double C-Curb will be installed.
The Committee inquired if the owner of the Shell station had moved their sign per their agreement with the City.
Staff answered that it had been moved to the correct location.
The Committee m/s/c to place the staff recommendation on the December 21/ 2004/ Council Consent Agenda.
F.
Accepting Grant Funding for Transportation Improvement Projects - Mr. Salloum presented the staff
report. Staff recommended accepting the 2005 Countywide TEA21 (Federal) Grant in the amount of $778,655 for
the Pacific Highway South HOV Phase III Project.
Mr. Salloum confirmed that staff would submit grant applications in 2006 for the three projects we did not receive
funding for in this cycle. The Committee asked if the projects on the TIP would be pushed back because of the lack
of funding received. Mr. Salloum answered that TIB recommended that the City use its existing funds to continue
with the design for these projects, as future funding is likely. Therefore, these projects will remain on schedule per
the current TIP.
Chair Dovey recused himself from voting on this issue as he is a property owner whose property may be
condemned for this project.
The Committee m/s/c to place the staff recommendation on the December 21/ 2004/ Council Consent Agenda.
G.
2005 Asphalt Overlay Program Preliminary Project List and Authorization to Bid - Mr. Salloum presented
the staff report. Staff recommended approving the list of streets for the 2005 Asphalt Overlay Project and
authorizing staff to bid all or part of the 2005 Asphalt Overlay Project and return with a request for permission to
award the project within the available 2005 asphalt overlay budget to the lowest responsive, responsible bidder.
The Committee asked if the newly annexed areas had been considered in this process. Mr. Salloum answered that
those areas had not been included in the pavement management scoring because they had not been annexed at
the time the study was conducted. The areas newly annexed will be included in the scoring study beginning in
either 2005 or 2006.
The Committee m/s/c to place the staff recommendation on the December 21/ 2004/ Council Consent Agenda.
H.
Westway Street Lighting- 100% Design Approval & Authorization to Bid - Ms. Zukowski presented the
staff report to the Committee. Staff recommended approving the 100% design phase for the Westway Street
Lighting Project and authorizing staff to send the project out to bid, returning to Council for authorization to award
the contract to the lowest responsive, responsible bidder.
The Committee m/s/c to place the staff recommendation on the December 21/ 2004/ Council Consent Agenda.
5. FUTURE MEETING/AGENDA ITEMS
Committee Member Faison requested that staff prepare a resolution or ordinance for the next LUTC meeting to formalize
the City's intent to add the Dash Point and Brown's Point areas to our UGA. Chair Dovey agreed to work with staff to
bring this before the Committee.
6. ADJOURN
The meeting adjourned at 6:03 p.m.
G:\lUTCILUTC Agendas and Summaries 2004lDecember 6, 2004 LUTC Minutes.doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
January 10,2005
Land Use and T~ansp rtation Committee
David H. Mo ty anager
-;)
Paul A. Bucich, P. ., Surface Water Manage~
AG #04-079, West Hylebos Creek Restoration- Project Acceptance
POLICY QUESTION:
Should the Council accept the West Hylebos Creek Restoration Project constructed by Jansen, Inc. as
complete?
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The above referenced contract with Jansen, Inc. is complete.
PROJECT SAVINGS AND CONTINGENCY:
The final construction contract amount is $422,288.04. This is $27,360.06 below the $449,648.10
original bid price, and $72,324.87 below the $494,612.91 budget (including contingency) that was
approved by the City Council on May 4, 2004.
OPTIONS:
1. Authorize final acceptance of the completed West Hylebos Creek Restoration Project,
constructed by Jansen, Inc., in the amount of $422,288.04 as complete.
2. Do not authorize final acceptance of the completed West Hylebos Creek Restoration Project,
constructed by Jansen, Inc. as complete and provide direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the February 1, 2005 City Council Consent Agenda for
approval:
Authorize final acceptance of the completed West Hylebos Creek Restoration Project, constructed
by Jansen, Inc., in the amount of$422,288.04 as complete.
January 10, 2005
Land Use and Transportation Committee
West Hylebos Creek Restoration - Project Acceptance
Page 2 of2
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the February 1,2005 City Council Consent Agenda.
AI)I)ROV AL OF COMI\HTTI':E REPORT:
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CITY OF FEDERAL WAY
MEM 0 RAND UM
DATE:
TO:
VIA:
FROM:
SUBJECT:
January 10, 2005
Land Use and ~{~o~on Committee
David H. M~'1y _Manager "/7:\3)
Paul A. Bucich, P.E., Surface Water Managerw
SW 356,h Regional Pond Fence Project-lOO% Design Approval & Authorization to Bid
POLICY QUESTION:
Should Council approve the 100% design of the SW 356th Regional Pond Fence Project and authorize staffto
advertise the project for bid?
BACKGROUND:
This project will install approximately 1,800 lineal feet of chain link fencing to enclose four properties recently
acquired by the City of Federal Way that were needed to complete the regional pond. The area to be fenced is
located in a wooded Single Family High Density residential area that abuts SW 356111 Street.
PROJECT SAVINGS AND CONTINGENCY:
Currently the project design is completed and hereby presented for your consideration and approval to bid.
OPTIONS:
PROJECT EXPENDITURES:
Engineers' 2005 Construction Estimate
10% Construction Contingency
TOTAL PROJECT COSTS
$38,579
$3,858
$42,437
AVAILABLE PROJECT FUNDING:
304-3100-241-596-42-650
$42,437
$42,437
TOTAL AVAILABLE CONSTRUCTION FUNDING
1.
Approve 100% design to fence pond perimeter and authorize staff to advertise project for bid,
returning to Council for authorization to award. Although this option would have a construction
cost to the City, the project would complete the fencing of this area, limit access to unauthorized
individuals, thus reducing potential liability issues.
Reject 100% design, leave pond unfenced, and provide direction to staff This option would incur
the occasional cleanup costs for illegal dumping. An unfenced area would provide an attractive
nuisance for childrenlhomeless persons, therefore increasing potential liability risks. This
unfenced area also has potential for encroachment by current and future residential development.
2.
January 10, 2005
Land Use and Transportation Committee
SW356th Regional Pond Fence Project
Page 2 of 2
Staff Recommendation:
Staff recommends forwarding Option I to the February 1,2005 City Council Agenda for approval:
Approve 100% design and authorize staff to advertise project for bid, returning to Council for authorization to
award the contract to the lowest responsive, responsible bidder.
Committee Recommendation:
Forward the above staff recommendation to the February I, 2005 City Council consent Agenda.
,; "APPROVAL OF CO:\"IMITTEE REPORT:
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CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
TO:
FROM:
Jack Dovey, Chair
Land Use/Transportation Committee
J im Harri~ñior Planner
David ~anager
Wynstone Preliminary Plat and Concomitant Agreement
Application No. 03-102630-00-SU and 03-1 02632-00-UP
VIA:
RE:
DATE:
January 4, 2005
I.
REQUESTED ACTION
The applicant requests approval of a preliminary plat application and revision of a Concomitant
Zoning Agreement.
II.
STAFF RECOMMENDATION
Staff recommends the Land Use/Transportation Committee forward to the City Council a
recommendation approving the Wynstone preliminary plat with conditions, and approval of the
Wynstone Concomitant Zoning Agreement based on the findings and conclusions in the December
29, 2004 Reports and Recommendations, by the Federal Way Hearing Examiner.
III. SUMMARY OF ApPLICATIONS
The applicant requests approval of a 45-10t residential preliminary plat, as provided for under Federal
Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval.
The applicant also requests to modify the terms and conditions of a 1990 Concomitant Zoning
Agreement as amended, applicable to five acres of the Wynstone site. The current Concomitant
Zoning Agreement allows only multi-family development on the site. The proposed concomitant
agreement amendment would allow the subject property to be developed with both single-family and
multi-family development. In addition, the applicant requests to modify the terms of the 1990
agreement in regard to the status of the building permit application, landscape standards abutting
single-family zoning, building setbacks along Campus Drive, required improvements to Campus
Drive, building height, maximum density of 347 units, phased construction, housing type, and 10th
Avenue corridor dedication and improvement.
IV. REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision on the
preliminary plat application at a public meeting, after review of the Hearing Examiner's
recommendation. Consistent with City procedures, preliminary plat applications are brought to the
Land Use/Transportation Committee for review and recommendation prior to review by the full
Council.
Pursuant to Section 8 of the 1990 Concomitant Agreement and Section 22-488 et al. of FWCC, the
City Council issues"a final decision on the concomitant zoning agreement at a public meeting, after
review of the Hearing Examiner's recommendation. The concomitant agreement as proposed allows
the subject property to be developed in conformance with the proposed preliminary plat application.
V.
HEARING EXAMINER'S RECOMMENDATIONS
On December 29,2004, the Federal Way Hearing Examiner issued a Report and Recommendation
(Exhibit A) to approve the proposed preliminary plat. The Examiner also issued a Report and
Recommendation on December 29,2004, to approve the concomitant zoning agreement applicable to
a portion of the Wynstone site (parcel 5b) (Exhibit B). The Hearing Examiner's recommendations
include all conditions recommended by staff, and the Examiner added condition number seven on the
preliminary plat recommendation regarding notification of future multi-family development on lot
number 45. The Examiner's recommendation on the preliminary plat was issued following
consideration of a staff report (Exhibit C) and testimony presented at the December 14, 2004 public
hearing, and recommends the following conditions:
1.
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.
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.
Wynstone Preliminary Plat & Concomitant Agreement
Land UsefTransportation Committee Memo
File #03- I 02630-00-SU / Doc ID 20780
Page 2
F.
Landscaping adjacent to proposed retaining walls on lots 5-9.
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.
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. '
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 pennitting 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.
6.
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.
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.
VI. PROCEDURAL SUMMARY
June 26, 2003
Date of application for 45-lot Wynstone preliminary plat and
Concomitant Agreement
September 10, 2003
Date application determined complete
September 17,2003
Public notice of application issued
September 1, 2004
Environmental detennination issued
December 14,2004
Hearing Examiner Public Hearing
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
Wynstone Preliminary Plat & Concomitant Agreement
Land Useffransportation Committee Memo
File #O3-102630-00-SU I Doc ID 20780
Page 3
December 29, 2004
Hearing Examiner issues recommendation of conditional approval of
preliminary plat and approval of concomitant zoning agreement to the
City Council
January 10, 2005
City Council Land Use/Transportation Committee meeting
(This committee forwards a recommendation to the full Council for a decision
at a public meeting [see Section VIII, below].)
VII. DECISIONAL CRITERIA
The decisional criteria for the preliminary plat is set forth in FWCC Section 20-127, and findings and
conclusions that the application is consistent with these decisional criteria are set forth in the Hearing
Examiner's report and recommendation.
The decisional criteria for the concomitant agreement is set forth in FWCC Section 22-489, and
findings and conclusions that the application is consistent with these decisional criteria are set forth in
the Hearing Examiner's report and recommendation.
VIII. COUNCIL OPTIONS
The Federal Way City Council's review of the application is 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 contained in the Examiner's record), and the
Examiner's written report. The City Council may receive new infonnatiori not in the record pursuant
to FWCC Section 20-1 27(b) and 22-489(c).
A draft resolution recommending approval of the proposed concomitant zoning agreement and
preliminary plat application as recommended by the Hearing Examiner is enclosed (Exhibit E). After
consideration of the record, the City Council may, by action approved by a majority of the total
membership, take one of the following actions, pursuant to FWCC Section 20-127 and 22-489(c):
1.
Adopt the Hearing Examiner's recommendations and approve the concomitant zoning
agreement and preliminary plat; or
2.
Reject the recommendation and deny the concomitant zoning agreement and preliminary
plat; or
3.
Remand the preliminary plat and concomitant zoning agreement back to the Hearing
Examiner pursuant to FWCC Section 20-127(b); or
4.
Adopt their own recommendations approving the concomitant zoning agreement and
require or approve a minor modification to the preliminary plat pursuant to FWCC
Section 20-127(d).
Wynstone Preliminary Plat & Concomitant Agreement
Land Useffransportation Committee Memo
File #O3-IO2630-00-SU I Doc ID 20780
Page 4
IX. COMMITTEE RECOMMENDATION
Forward option - to the full City Council for approval on January 18,2005.
ApPROVAL OF COMMITTEE REPORT
Jack Dovey, Chair
Michael Park, Member -
Eric Faison, Member
EXHIBITS
E.
Hearing Examiner Preliminary Plat Report and Recommendation, December 29,2004
Hearing Examiner Concomitant Agreement Report and Recommendation, December 29,2004
Wynstone Preliminary Plat Staff Report to Hearing Examiner, December 7, 2004*
Wynstone Parcel 5b Concomitant Agreement Staff Report to Hearing Examiner, December 7,
2004*
City Council Draft Resolution for Wynstone Preliminary Plat and Concomitant Agreement
Approval
Concomitant Agreement for Development of Wynstone Property (Parcel 5b)
Preliminary Plat Maps for Wynstone
A.
B.
C.
D.
F.
G.
* Copies of all exhibits to the staff reports are not attached to this memo. A copy of these exhibits is in a
notebook in the City Council Conference Room or is available from City staff.
Wynstone Preliminary Plat & Concomitant Agreement
Land Useffransportation Committee Memo
File #03- 102630-00-SU I Doc ID 20780
Page 5
'", '
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CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
)
)
)
)
)
FWHE# 04-12
FW# 03-1 02630-00-SU
Wynstone Preliminary Plat
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval of a 45 lot residential subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", and
requiring approval pursuant to FWCC Section 20-110.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
December 14,2004
December 28, 2004
At the hearing the following presented testimony and evidence:
1.
2.
Jim Harris, Senior Planner, City of Federal Way
Brad Plemmons, Applicant, 101 "T" Street, Auburn, WA 98002
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
Staff Report with all attachments for Preliminary Plat
Staff Report with all attachments for Concomitant Agreement
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 provisions in this matter and is hereby marked as Exhibit "1" with
2 EXHIBIT A
PAGE-L-OF i1-
attachments and hereby incorporated in its entirety by this reference.
3.
All appropriate notices were delivered in accordance with the requirements of the
Federa.l Way City Code (FWCC).
4.
The applicant has a possessory ownership interest in an irregularly shaped, 13.5
acre parcel of unimproved property located southwest of the intersection of SW
Campus Drive and 1 Olh Avenue SW within the City of Federal Way. Saghalie
Park and Saghalie Junior High School abut the west property line. The applicant
requests preliminary plat approval to allow subdivision of the site into 44 single
family residential lots and one lot for future multi-family development. The plat
map shows storm drainage tracts in the northeast and southwest corners of the
plat and pedestrian accesses to the south and north. The buffer of a Category 2
wetland near the southwest corner of the site extends onto the site and is
protected to its required 100 foot width. Development will require filling an
unregulated, 1,029 square foot, isolated wetland in the southeastern portion of
the site.
5.
The northern portion of the parcel consisting of lots 5-17, a portion of lot 18, and
the multi-family lot (lot 45) is located within the Multi-Family (RM 2,400) zone
classification and also subject to a concomitant agreement which the applicant
desires to modify. The southern portion of the site is located within the
Residential Single Family (RS-7.2) zone classification of the Federal Way City
Code (FWCC). The Federal Way Comprehensive Plan designates the northern
portion of the site for multi-family uses and the southern portion for high density
single family uses.
6.
Abutting parcels to the north are located within the RM 2,400 and RM 3,600
zone classifications and improved with multi-family uses. Parcels to the south,
located within the RS 7.2 classification, are improved with single family
residential homes. Parcels to the east are presently vacant, but have pending
single family preliminary plat applications. Parcels to the west are located within
the RM 2,400 and RS 7.2 zone classifications, and as previously found,
improved with Saghalie Park and Saghalie Middle School. The applicant
submitted a completed application for preliminary plat approval on September
10,2003, and in accordance with RCW 58.17.033, vested the plat for
consideration under the comprehensive plan, zoning, and land use ordinances in
effect on said date.
7.
Bergquist Engineering Services performed a geotechnical exploration and
3 EXHIBIT--'L-
PAGE~OF -lL,
8.
9"
engineering evaluation of the site and determined the soils suitable for
residential development. The Bergquist report also notes that the ground surface
elevation ranges from a low of 288 feet along SW Campus Drive in the northeast
corner to a high elevation of 376 feet near the center of the western property
line, and 380 feet near the center of the eastern half of the south property line. A
steep, 20 foot high slope extends along the south side of SW Campus Drive
across the plat frontage. The site contains several mounds and depressions in
the southwest portion. The FWCC does not consider the steep slope adjacent to
Campus Drive a geologically hazardous area due to its creation during
construction of said road.
Second growth forest including both conifer and broad leaf deciduous trees and
a dense understory of native shrubs cover the site. As previously found, the
applicant will fill a non-jurisdictional wetland in the southeastern portion of the
site, but will preserve a 100 foot buffer with no intrusions to protect an off-site
Category 2 wetland. The preliminary plat map shows a minimum single family lot
size of 5,140 square feet and a maximum single family lot size of 17,185 square
feet. The multi-family lot measures approximately one acre and can support a
maximum of 16 multi-family and/or single family housing units. Proposed lots on
the southerly portion of the site in the RS-7.2c1assification meet the minimum
7,200 square foot lot size, and all lots on the northerly portion meet the minimum
5,000 square foot lot size for single family dwellings in the RM zone
classification. Most lots have a rectangular shape and six lots will have a
panhandle access. All lots provide a reasonable building envelope.
Open spaces on the site include Tract C, a 60 foot wide, building setback area
adjacent to SW Campus Drive which includes the steep slope. Additional open
space includes the 16,444 square foot Tract G which will serve as a wetland
buffer. Tracts E and F consists of 20 foot wide pedestrian accesses extending
from internal plat roads to a pedestrian access in an adjoining plat and to the
main plat road near its intersection with SW Campus Drive. Lot 45, the multi-
family lot, will provide its own open space and is basically a stand-alone project.
The applicant has requested to pay a fee in lieu of providing the full amount of
open space and the CityPARCS Director has agreed. The final calculation will
occur at final plat approval. The applicant will install a ten foot wide, Type 3
landscape strip adjacent to Campus Drive in accordance with FWCC Section 20-
178.
10.
According to the applicant's geotechnical evaluation (Exhibit "6"):
4
EXHIBIT A
PAGE 3 OF-11-
11.
12,
Extensive cuts and fills will be required due to the amount of
topographic relief on the site. The maximum depth of cut will
about 24 feet along the entrance road at 1 Olh Avenue SWand
SW Campus Drive. Fills up to 14 feet thick will be required on
the south third of 12th Avenue SW....
Based upon said evaluation, the applicant desires to clear and grade .
approximately half of the future lots, align the 1 Oth/12lh corridor with SW Campus
Drive, and construct 12th Ct. SW. FWCC Section 20-179 provides:
(a)
All natural vegetation shall be retained on the site to be
subdivided except that which will be removed for
improvements or grading as shown on approved
engineering plans...
(b)
Existing mature vegetation shall be retained to the
maximum extent possible...
Based upon the constraints of the site, the proposed clearing and grading limits
set forth in the Jaeger Engineering revised report of October 20,2004, are
appropriate. Without clearing and grading of the northern parcel, the resulting
grades on lots 1-18 would exceed 20% slopes and would require extensive,
additional grading. Mass grading will allow a 14% slope. Even with mass grading
the applicant must install retaining walls near the rear property lines of lots 5-9
and around two sides of the proposed storm water facility.
As previously found, the site is heavily forested with both deciduous and
evergreen trees. Jaeger Engineering prepared a tree plan which identifies 630
significant trees on site. The FWCC does not regulate the 270 trees located
within future rights-of-way and utility areas. The remaining 360 significant trees
are regulated for retention and replacement. The mass clearing and grading will
require removal of 305 significant trees but will allow retention of 155 trees. The
number of trees retained calculates to 43% of all regulated trees, and thus
exceeds the maximum retention standard of 25%. Thus, the preliminary plat
satisfies the tree retention standards.
The applicant commissioned Christopher Brown and Associates to provide a
Traffic Impact Analysis (TIA) for the project. Mr. Brown's revised analysis dated
March 31, 2004, (Exhibit "11 ") was reviewed and accepted by the City Traffic
Division. Access to lots in the plat will be provided by an extension of the
5
EXH!BIT A
PAGE~OF .J.L
13.
10th/12th Avenue corridor from SW Campus Drive to the current terminus of 12th
Avenue South at the southeast corner of the site. The applicant will also extend
SW 340th St. from its present terminus near the southwest corner of the site to
the 10th/12th Avenue SW extension. Two cul-de-sac roads will extend north and
northwest from the principal internal plat roads, one of which will provide access
to the future multi-family development.
The 10th/12th Avenue SW corridor through the site meets the definition of
"principal collector" and will require development in accordance with City
standards. The southern portion of 10th/12th SW will include full street
improvements per standards cross section M which requires 36 feet of pavement
in a 70 foot wide right-of-way, vertical curbs, six foot landscape strips, street
trees, street lights. and eight foot sidewalks on both sides of the street.
Improvements on the northern portion of the 10th/12th corridor will also meet the
requirements cross section M. Improvements on the east half of the street will
include 18 feet of pavement, curb and gutter, six foot landscape strip, street
trees, eight foot wide sidewalks, street lights, and three foot wide utility strip.
Improvements on the west side of the street will include six feet of pavement plus
thickened edge for a total width of 12 feet of pavement, drainage provisions,
asphalt tapers, stabilization. and erosion control of grading areas. SW Campus
Drive meets the definition of "principal arterial" and the applicant will construct a
12 foot wide, left turn pocket therein to provide safe access 10th Avenue SW.
The improvements will require additional asphalt paving as well as concrete curb
and gutter, six foot planter strip with street trees and street lights, eight foot wide
side walk, and three foot wide utility strip. The applicant will also dedicate seven
feet of right-of-way to the City across the plat frontage. The applicant will also
make improvements to the SW quadrant of the 10th/SW Campus Drive
intersection to include handicapped access ramps. provision of left turn
markings, and markings for channelization. The applicant will improve SW 340th
Street within the plat and connecting off-site to "minor collector standard". which
corresponds to a cross section S. Such includes a 36 foot wide pavement width
with vertical curb and gutter. four foot planter strips with street trees, five foot
sidewalks and three foot utility strips with street lights within a 60 foot wide right-
of-way. The two cul-de-sac roads will meet the "local street standard"
corresponding to a cross section W which includes 28 feet of pavement width,
vertical curb and gutter, four foot planter strip with street trees, five foot
sidewalks, and three foot utility strip with street lights within a 52 foot wide right-
of-way. Both the City Public Works Department and Federal Way Fire
Department have approved the road improvements. The applicant will also either
construct off-site, transportation improvement projects that are impacted by ten
6
EXHIBIT A
PAGE ~ OF--12-
14.
15.
16.
17.
or more p.m. peak hour trips, or voluntarily contribute a pro rata share to said
projects.
School aged children will attend Silver lake Elementary, Saghalie Junior High,
and Decatur High School. In the future elementary schools could attend
Sherwood Forest Elementary as the school is within one mile of the subdivision.
Students will presently walk to Saghalie Junior High. The district and City have
determined that sidewalks and safe walking areas exist from Wynstone to both of
said schools. The district will bus high school students to Decatur High School,
and the applicant will provide appropriate bus stops. The applicant must comply
with the City School Impact Fee of $3,269 per single family housing unit subject
to annual adjustment.
The project has convenient access to Saghalie Park and the playfields of
Saghalie Junior High which abut the west property line, and is in close proximity
to the City's BPA trail. These public parks will provide significant recreational
opportunities for future plat residents.
The lakehaven Utility District will provide both domestic water and fire flow to the
site, and the Fire Department will determine the number and location of fire
hydrants. The lakehaven Utility District will also provide sanitary sewer service
to each lot and has provided a Certificate of Sewer Availability.
The applicant will design the storm drainage facility to meet the standards set
forth in the 1998 King County Surface Water Design Manual and the City's
amendments thereto. Jaeger Engineering has prepared a preliminary stormwater
technical information report which the City Public Works Department has
reviewed. A north/south ridge located approximately 400 feet from the west
property line separates the site into two drainage basins. Each basin must
provide level one flow control and resource stream water quality treatment.
Drainage from both basins will flow to Panther lake, and as an alternative to
providing level 1 flow control, the applicant may elect to pay for off-site detention
in Panther lake. Two separate stormwater wetlands will provide water quality
treatment for the site. The drainage system meets the resource stream
protection requirements for water quality treatment and will remove at least 80%
of total suspended solids and 50% of total zinc. The storm drainage facilities will
collect stormwater runoff and convey it through a series of pipes and catch
basins to the treatment facilities. The applicant will also provide on-site erosion
and sediment control measures, and the City may limit clearing and grading
activities during the wet season.
7
EXHIBIT A
PAGE~OF ~
18.
19.
Prior to obtaining preliminary plat approval the applicant must establish that the
request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on
each criteria are hereby made as follows:
A.
The project complies with the Federal Way Comprehensive Plan which
designates the northern parcel for multi-family uses and the southern
parcel for high density single family uses. The comprehensive plan also
identifies the construction of the 10th/12th SW corridor which the applicant
will accomplish as part of the plat development.
B.
The project complies with all applicable provisions of the FWCC including
those adopted by reference from the comprehensive plan. The project
complies with the provisions of FWCC Chapter 18 - Environmental Policy,
Chapter 20 - Subdivisions, Chapter 22 - Zoning as well as all other
applicable codes and regulations. While the preliminary plat does not
comply with the 1990 Concomitant Zoning Agreement, a recommendation
issued of even date recommends an amendment to said agreement which
will make the proposed plat compatible therewith.
C.
The preliminary plat will be consistent with the public health, safety, and
welfare.
D.
The preliminary plat satisfies the design criteria set forth in Section 20-2
FWCC.
E.
The preliminary plat meets the development standards set forth in
Sections 20-151 through 20-157 and 20-158 through 20-187 FWCC.
The internal cul-de-sac road shown on the preliminary plat as 13th Ct. SW
extends northwest from SW 340th St. and abuts four single family residential lots,
and as many as seven lots will access onto said road. Said road accesses onto
SW 340th St. opposite two additional single family residential lots. Upon
development of the multi-family lot, 16 additional units will use 13th Ct. SW for
their sole access. Such will significantly increase the traffic on said road. To
provide notice to future abutting and nearby lot owners, the Examiner has
recommended a condition of approval which requires the applicant to place a
note on the final plat and on the title of the affected lots advising of the future
connection of the multi-family project to 13th Ct. SW.
8
EXHIBIT A
PAGE LOF JL
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request:
2.
The applicant has established that the proposed preliminary plat is consistent with
the Federal Way Comprehensive Plan and satisfies all bulk regulations of the
applicable RM 2,400 and RS 7.2 zone classifications of the Federal Way City Code.
3.
The proposed preliminary plat makes appropriate provision for the public health,
safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other
public ways, potable water supplies, sanitary waste, playgrounds, parks and
recreation, transit stops, schools and school grounds, and safe walking conditions.
4.
The proposed preliminary plat satisfies all criteria set forth in Section 20-126(c)
FWCC and will serve the public use and interest by providing an attractive location
for a single family residential subdivision convenient to significant outdoor
recreational opportunities, and which will result in the extension of traffic corridors.
Therefore, the preliminary plat should be approved subject to the following
conditions:
1.
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.
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
9
EXHIBIT A
PAGE--Y-OF jL
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
lands aping. 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.
3.
Based on the August 19, 2004, recommendations from Berquist Engineering
Services, the final plant 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 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.
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.
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 spacelrecreation 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.
10
EXHIBIT A-
PAGE~OF ---'.L
6.
If included in the final engineering design, retaining walls and rockeries
designs 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.
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 Ct. SW will provide
access to lot 45 which will develop with 16 multi-family or single family
residential units.
RECOMMENDA TION:
It is hereby recommended that the Federal Way City Council approve the preliminary plat
of Wynstone subject to the conditions contained in the conclusions above.
TRANSMITTED THIS 29th DAY OF December, 2004, to the following:
OWNER:
Brad Plemmons
Brad Plemmons Enterprises
101 T Street SE
Auburn, WA 98002
ENGINEER:
Mr. Jim Jaeger
Jaeger Engineering
9419 South 204th Place
Kent, WA 98031
11
EXHIBIT . A
PAGE--'lL-°F j3
OTHERS:
Jane Doe
14417 - 97th Avenue Ct. NW
Gig Harbor, WA 98329
Bruce R. Goldstein
c/o Colliers International
1102 Commerce Street, Ste. 300
Tacoma, WA 98402
Dave Hopkins
Windermere Real Estate
11411 NE 124th St. #101
Kirkland, WA 98034
Mike Walsh
Yarrow Bay Development
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
12
EXHIBIT A
PAGE-'l-OF j¿-
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:
(a)
(b)
(c)
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 in 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.
(d)
13
EXHIBIT -'L-
PAGE -.lLOF .JL
" .
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. --
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--'----:_------ -, ;!"",':/
fir/,,>
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OFFICE OF THE HEARING EXAMINE~---:"'----_'_'------_.--" I
-- ---,-
CITY OF FEDERAL WAY
)
)
CONCOMITANT AGREEMENT FOR )
PARCEL 5b 1000 Block of SW Campus Drive)
)
)
)
IN THE MAnER OF:
FWHE# 04-12
Related File # 03-1 02632-00-UP
Process V
I. SUMMARY OF APPLICATION
The applicant has requested modification of a February 27, 1990, concomitant
zoning agreement (CZA) as amended by City Council resolution 93-128 and resolution 93-
144. The CZA as amended pertains to a five-acre parcel located at approximately the 1000
block of SW Campus Drive. Pursant to Section 8 of the 1990 agreement, amendment of
the existing agreement shall be processed in the same manner as a rezone of property.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
December 14, 2004
December 29, 2004
At the hearing the following presented testimony and evidence:
1.
2.
Jim Harris, Senior Planner, City of Federal Way
Brad Plemmons, Applicant, 101 "1" Street, Auburn, WA 98002
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
Staff Report with all attachments for Preliminary Plat
Staff Report with all attachments for Concomitant Agreement
Power Point Presentation (hard copy)
III. FINDINGS
2
EXHIBIT ß
PAGE-----LOF -2-
" .
1.
On February 27, 1990, a concomitant agreement was signed by the City of
Federal Way, Polygon 2000, Inc., and Quadrant Corporation. The agreement
covered two parcels of property and established their zoning, methods of
resolving potential disagreements with respect to vested rights, and the
applicability of King County or City of Federal Way regulations. Polygon 2000,
Inc. and Quadrant Corporation owned a 21 acre parcel of property known as
Parcel 5 located southwest of SW Campus Drive opposite its intersection with
10th Avenue SW.
2.
In 1991 the City purchased approximately 16 acres of the western portion of
Parcel 5 for the purpose of developing a community park in conjunction with the
construction of Saghalie Junior High School by the Federal Way School District.
The 16 acres purchased by the City consisted of Parcel A of Parcel 5. Parcel 8
of Parcel 5 consists of the remaining five acres and remains in private
ownership. At the time of purchase the Federal Way City Council amended the
concomitant agreement for Parcel 5 by deleting Parcel A, but make no changes
for Parcel 8. The City Council amended the agreement a second time to change
the requirements for landscape buffering adjacent to single family zoning and to
clarify the timing and funding for the construction of 10th Avenue SW. On August
27, 2003, the applicant submitted a written request to once again amend the
1990 concomitant agreement. The amendment will allow development of the
Wynstone preliminary plat on Parcel 58.
3.
The five acre site is located south and west of the intersection of SW Campus
Drive and 10th Avenue SW and consists of heavily wooded, undeveloped
property. The site is located within the Multi-Family (RM 2,400) zone
classification of the Federal Way City Code (FWCC). Abutting parcels to the
north are located within the RM 2,400 and RM 3,600 classification and improved
with multi-family uses. Parcels abutting the west property line are now improved
with the Saghalie Junior High School and Saghalie Park, and the parcel abutting
the south property line while currently undeveloped, is proposed for development
jointly with Parcel 8 into a subdivision consisting of 44 single family lots and one
multi-family lot. The property abutting the east property line located in the RM
3,600 zone classification is presently vacant, but has an application pending for
a single family residential preliminary plat.
4.
The applicant proposes to combine Parcel 8 with an 8.5 acre parcel to the south
and improve both with single family and multi-family residential dwellings. The
project renders many of the terms of the concomitant agreement inapplicable,
3 EXHIBIT ß
PAGE :2 OF:::L-
'. .
5.
and the applicant and the City a new agreement rather than amending the most
recent version of the 1990 agreement. Changes in the agreement are as follows:
A.
Elimination of the reference to the 1989 building application filed with King
County.
B.
Changing of the required 60 foot wide landscape buffer and solid board
fence around lot 45, the future multi-family site, to a 20 foot wide buffer
consistent with current FWCC requirements.
C.
Retention of the minimum 60 foot wide building setback adjacent to
Campus Drive.
D.
Retention of the 30 foot maximum building height limitation, but
elimination of such requirement in the agreement since the height limit
complies with the FWCC,
E.
Replace the maximum density of 347 multi-family dwelling units on the
original 21 acre site (one unit per 2,636 square feet) with a maximum of
16 units on proposed lot 45 which calculates to one unit per 2,636 square
feet.
F.
Elimination of the provision requiring phased construction of no more than
100 units per year.
G.
Elimination of the provision requiring one-third of the residential units as
townhomes.
H.
Adding a clause clarifying the dedication, funding, and construction
standards for 1 01h/121h Avenue SW across the site.
I.
Elimination of the provision allowing multi-family housing only and
adoption of a provision allowing a mixture of single family and multi-family
uses on the site.
Section 8 of the 1990 concomitant agreement provides:
The agreement may be amended by the owners by filing an
application therefore, which shall be considered and heard in the
4
EXHIBIT --6-
PAGE 3 OF ~
. "
same manner as a rezone of property.
Article 8 FWCC provides that quasi-judicial rezones require Process V review.
Section 22-476 FWCC þrovides that under Process V review, the Examiner
holds a public hearing and then makes a recommendation to the Federal Way
City Council which then decides upon the application. Section 22-488(c) FWCC
sets forth the decisional criteria for quasi-judicial rezones. Findings on each
criteria are hereby made as follows:
1A.
18.
1C.
10.
The proposed amendment to the concomitant agreement is in the best
interests of the residents of the City. The site will develop in accordance
with all applicable City codes and regulations. The preliminary plat
provides a range of housing opportunities to include larger lot single
family, smaller lot single family, and multi-family. Such will assist the City
in meeting its density requirements under the State Growth Management
Act.
The changes to the concomitant agreement are appropriate because site
conditions in the vicinity have changed since adoption of the original
agreement in 1990. The City purchased 16 acres of the 21 acre parcel
and developed it with a public park, and the Federal Way School District
constructed property abutting the west property line with a junior high
school. Furthermore, the building permit application for the multi-
family/townhome project proposed in 1990 has expired. As previously
found, the parcel covered by the agreement has reduced in size from 21
acres to five acres, and the applicant has joined the reduced parcel with
an adjacent 8.5 acre parcel which allows a better development plan.
The agreement is consistent with the Federal Way Comprehensive Plan
which designates the site for both single family and multi-family
development and also encourages the construction of the 10th/12th Avenue
corridor through the site. The proposal will also result in the construction
of an east/west street connection between the present terminus of SW
340th St. and SW Campus Drive.
The amendment complies with all applicable provisions including those
adopted by reference from the comprehensive plan. The City's
Community Development Review Committee has reviewed the proposal
and determined that the revised agreement and associated preliminary
5
EXHIBIT-L
PAGE--.!LOF l.
. .
1E.
2A.
2B.
2C.
2D.
2E.
plat will comply with all applicable codes and regulations.
Approval of the amendment will further the public health, safety, and
welfare as it will allow a range of housing opportunities as set forth above.
Furthermore, the amendment will allow construction of infrastructure
which will benefit the City has a whole.
As previously found, the criteria set forth in Subsection (1) above are
met.
The proposed project complies with Chapter 22 FWCC as set forth above.
The site plan consists of the proposed preliminary plat which covers the
parcel. The plat is designed to minimize all adverse impacts on
developed properties in the vicinity of the site. The remaining one acre
multi-family parcel abuts Saghalie Park, but does not abut any single
family uses. The preliminary plat proposes lot sizes in accordance with the
applicable zone classification and consistent with other development in
the area.
Development of the preliminary plat will not impact public services and
utilities. The lakehaven Utility District has issued water and sewer
availability letters for the project. Furthermore, development of the site as
allowed under the present agreement would authorize a significantly
higher density. The amendment will reduce the density from 82 potential
units to a maximum of 30 proposed units on the portion of Wynstone
covered by the concomitant agreement.
The rezone has merit and value for the community as a whole based upon
the provision of housing options and the completion of an east/west and
north/south transportation corridor.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
6
EXHIBIT ß
PAGE--Í-OF ~
, ,
2.
The applicant has established that the request to amend the concomitant zoning
agreement relating to Parcel 5B of the previous Campus Crest project satisfies all
criteria set forth in Section 22-488 FWCC and therefore should be approved.
RECOMMENDA TION:
It is hereby recommended that the Federal Way City Council approve the new concomitant
agreement for Parcel 5B of the original Campus Crest project.
DATED THIS 29th DAY 0
EN K. CAUSSEAUX, JR.
Hearing Examiner
TRANSMITTED THIS 29th DAY OF December, 2004, to the following:
OWNER:
Brad Plemmons
Brad Plemmons Enterprises
101 T Street SE
Auburn, WA 98002
ENGINEER:
Mr. Jim Jaeger
Jaeger Engineering
9419 South 204th Place
Kent, WA 98031
OTHERS:
Jane Doe
14417 - 97th Avenue Ct. NW
Gig Harbor, WA 98329
Bruce R. Goldstein
c/o Colliers International
1102 Commerce Street, Ste. 300
Tacoma, WA 98402
7
EXHIBIT ----B-
PAGE~OF Ï-
-, .
Dave Hopkins
Windermere Real Estate
11411 NE 124th St. #101
Kirkland, WA 98034
Mike Walsh
Yarrow Bay Development
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
City of Federal Way
clo Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 22-488, 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 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 20-125. 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 rezone is necessary,
the city council shall adopt its own recommendations and approve or disapprove the rezone.
As part of the final review, the city council may require or approve a minor modification to the
application.
8
EXHIBIT B
PAGE-=:LOF J-
CITY OF
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
Wynstone Preliminary Plat
Federal Way File No. 03-102630-00-SU
PUBLIC HEARING - December 14,2004
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33325 8th AVENUE SOUTH
Table of Contents
I. General Information................................................"""""""""""""""""""""""""""".....2
II. Consulted Departments, Agencies, and Public ....................................................................3
III. State Environmental Policy Act ....... "" ........... ........ ......... "" ............. .......... ......,...... ............4
IV. Natural Environment....... ............ """"""""""""'" """ ..... ..,. ..................."...........................4
V. Neighborhood Characteristics "'" """""""'" ....... ...... ...........................................,.... ...........5
VI. General Design.,.............................................."""""""""""""""""""""""""""...............5
VII. Transportation...........................................""""""""""""""""""""""""""""...................8
VIII. Public Services................................................."""""""""""""""""""""""""""..............9
IX. Utilities...................................................."""""""""""""""""""""""""""'"..................10
X. Analysis of Decisional Criteria ............. ....... ...".. """""""""""""""'" """"""""" ............11
Xl. Findings of Fact and Conclusions """" """""'" .................. """"" """"""""""'" .... ..........12
XII. Recommendation """"""'" ............ ...... .....,...... """"""""" .................. ...... ............ """"" ..16
XIII. List of Exhibits.. ........ """"" ............ """'" ....... """""""""" """""'" ......................, ...........17
,p.eport Prepared by:
\\ I"m Harris, Senior Planner
Û December 7, 2004
EXHIBIT G
PAGE .-L-OF .l5
File No:
03-102630-00-SU
Engineer:
Mr. Jim Jaeger
Jaeger Engineering
9419 South 204th Place
Kent, W A 98031
Phone: 253-850-0934
Owner:
Brad Plemmons
Brad Plemmons Enterprises
101 T Street SE
Auburn, W A 98002
Phone: 206-293-1434
Action.
Requested:
Preliminary plat approval of a 45-lot residential subdivision as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring
approval pursuant to FWCC Section 20-110.
Staff
Representative:
Jim Harris, Senior Planner, 253-835-2641
Staff
Recommendation:
Preliminary Plat Approval with Conditions (Refer to Section XII)
I
GENERAL INFORMA nON
A.
Description of the Proposal- The applicant proposes to subdivide two vacant parcels totaling
approximately 13.49 acres into 45 separate lots. Lots I through 44 are intended for single-family
use and lot number 45 on the preliminary plat is for future multi-family development.
The southerly property (tax lot 192104-9030) is comprised of approximately 8.4 acres and is
zoned RS 7.2 (residential single-family, 7,200 square-foot minimum lot size).
The northerly property (tax lot 192104-9044) is comprised of approximately five acres and is
currently zoned RM-2400*. RM-2400 is a multi-family zoning designation, requiring a
minimum of 2,400 square feet of lot area per dwelling unit for multi-family development. The
asterisk (*) denotes that a property is subject to a concomitant zoning agreement.
The proposed action is depicted in the following documents: Wynstone preliminary plat map,
revised May 10, 2004 (sheet I of I); along with the Wynstone Preliminary Roads, Drainage and
Utilities Plan (sheet I of I), revised October 20,2004; Wynstone Preliminary Grading Plan
dated revised October 20, 2004; Wynstone Preliminary Grading Plan Cross Sections, November
20, 2004; Wynstone Preliminary Plat Road Profiles sheets 1-3 dated revised December 10, 2003;
Wynstone Existing Tree Plan by Jaeger Engineering, March 14, 2003 sheet I of I; and
Wynstone Preliminary Landscape Plan by Eagle Design, April 23, 2003 (Exhibit I).
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
The applicant has requested to modify certain provisions of the existing 1990 concomitant
zoning agreement applicable to parcel 192104-9044, as the proposed preliminary plat does not
~ÔF~
comply with the tenns of the 1990 Agreement as amended. The staff report and recommendation
on the CZA amendment is under separate cover to the Hearing Examiner, and the Examiner will
review and hold a public hearing on the CZA amendment request concurrent with the
preliminary plat.
In respect to site access, roadway connections and utilities, development of the entire site is
integral in meeting applicable City standards. Therefore, since single-family use is not pennitted
on parcel 192104-9044 under the tenns of the existing concomitant zoning agreement, approval
of a new Concomitant Agreement is required concurrent with approval of the preliminary plat.
Location - The site is generally located along the south side of SW Campus Drive at the
intersection of 10th Avenue SW. The site also abuts the northerlytenninus of lth Avenue SWat
approximately the 34000 block (north of the plat of Orchid Lane), in Federal Way, W A.
B.
c.
Parcel Nos, - 192104-9044 and 192104-9030. The site legal description is on the plat map,
D.
Size of Property - The subject site has a land area of 587,624 square feet (13.49 acres).
E.
Land Use and Zoning-
Direction
Site
North
South
East
West
Zoning Comprehensive Plan Existing Land Use
RM-2400*1 Multi-Family Vacant
RS- 7.2 SF - High Density Vacant
RM-2400 Multipl(>-Family Multi-family
RM-3600
RS- 7.2 SF - High Density SFR2
RM-3600* Multipl(>-Family Vacant w/Pending Single-family
Preliminary plat application
RM-2400* Multipl(>-Family Saghalie Park, Saghalie Middle
RS- 7.2 School, SFR
Background - The preliminary plat of Wynstone was submitted on June 26, 2003 (Exhibit 2).
The preliminary plat application includes a request to amend the concomitant zoning agreement
that applies to one of the subject parcels. The application was determined complete on
September 10,2003.
F.
II
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
The following departments, agencies, and individuals were advised of this application.
Community Development Review Committee (CDRe), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works Engineering
and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of
A.
IRS- 7.2 = single-family residential, 7,200 SF minimum lot size.
2SFR = single-family residential.
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EXH I B IT 03-1O2630-O0-S0 I Doc :a::9~
PAGE-3-0F ~
Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal
Way Public Schools. CDRC comments have been incorporated into this report where applicable.
B.
All property owners within 300 feet of the site were mailed notices of the complete preliminary
plat application and concomitant zoning agreement amendment request on September 17,2003.
The City also conducted other public notice on September 17,2003, in accordance with City
code requirements.
C.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and
all affected agencies, were notified of the proposed action and the City's environmental decision.
In addition, the site was posted and notice placed in the newspaper and on the City's official
notice boards.
III STATE ENVIRONMENTAL POLICY ACT
A.
The City of Federal Way issued a Mitigated Environmental Determination of Nonsignificance
(MONS) (Exhibit 3) fa- the proposed action on September 1,2004. This determination was based
on review of information on file, including the environmental checklist (Exhibit 4), and staff
evaluation of the environmental checklist for Wynstone, resulting in the conclusion that the
proposal would not result in probable significant adverse impacts on the environment provided the
applicant complies with the mitigation measures in the MONS.
B.
The City received one comment letter on the proposed action from King County Metro (Exhibit 5),
during the 14-day SEP A comment period.
c.
No appeals of the environmental determination were submitted to the City.
IV NA TURAL ENVIRONMENT
A.
Soils - The applicant provided a geotechnical exploration and engineering evaluation by
Berquist Engineering Services, December 15, 2003 (Exhibit 6). In addition, the applicant
provided additional geotechnical information included in letters from Berquist Engineering
Services dated April 15, 2004 and August 19,2004 (Exhibits 7 and 8). The site soils are
discussed in detail in the geotechnical report and addendums. The geotechnical report concludes
that the site is suitable for residential development. The 1973 King County soils survey map lists
the soils type as Alderwood Gravelly Sandy Loam (Age). Alderwood soils are characterized as
moderately well drained soils that have a weakly consolidated to strongly consolidated
substratum at a depth of24 - 40 inches. AgC soils are described as capable for urban
development, runoff is slow to medium, and erosion hazard is moderate.
B.
Topography - The site has a slope falling generally from south to north. In addition, the
southwestern corner of the site generally falls in grade from north to south toward a small
wetland near the southwest corner of the site. The overall slope of the site is approximately 15
percent slope in the northern half of the site, with areas of slope up to approximately 31 percent.
The site does not have any steep slopes or any other geologically hazardous areas. There is a
constructed cut slope in excess of 40 percent along the northern end of the site. However, since
the cut slope was constructed in conjunction with construction of SW Campus Drive, this area is
not considered as geologically hazardous (steep slope hazard) areas.
~
IA E U jOFO3-IO2630-00-SU /Doc1D29393
P 1\ G ---"3---.! --'-&- Page 4
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
v
C.
Vegetation - The site is heavily wooded and consists primarily of second growth forest
with a mixture of conifer and broad leaf deciduous trees, with a dense understory of native
shrubs. Approval of the preliminary plat is subject to submittal and approval of a tree
clearing plan and landscape plan pursuant to FWCC Section 20-186.
City policy and FWCC Section 20-179 state "All natural vegetation shall be retained on
the site to be subdivided except that which will be removed for improvements or grading
approved in the preliminary subdivision or short subdivision... and; existing mature
vegetation shall be retained to the maximum extent possible. " Retained significant trees
outside of plat infrastructure areas are regulated under FWCC Section 22-1568,
"Significant Trees," at the time of individual home construction.
D.
Wetlands - The applicant provided a wetland assessment from Habitat Technologies, April 8,
2003 (Exhibit 9). The wetland assessment identifies one small wetland on site, which is not a
regulated wetland under FWCC, as it is approximately 1,029 square feet in size. The preliminary
plat includes displacement of this wetland in conjunction with development of the site.
In addition, the buffer of an off-site category II wetland extends onto the subject site near the
southwest corner. The preliminary plat map preserves the 100- foot buffer with no intrusions.
NEIGHBORHOOD CHARACTERISTICS
A.
Vicinity - The property is situated generally in the south-central portion of the City. The site is
located along Campus Drive, an arterial roadway and at the current terminus of 12th Avenue SW,
a collector roadway. The subject site abuts Saghalie Park, a residential subdivision (Orchid
Lane), and vacant property with a proposed single-family residential plat.
B.
Public Parks - The site abuts Saghalie Park, which is a 32-acre community park. The site is also
in close proximity to the City's BPA Trail. These parks provide recreational opportunities for
residents in the area.
VI GENERAL DESIGN
A.
Lot Size - The proposed Wynstone lots range in size from 5,140 square feet to 17,185 square
feet for single-family use. Proposed lot 45 is approximately one acre in size, and is intended for
multi-family use and could yield up to 16 multi-family housing units under the terms and density
allowance of the proposed Concomitant Agreement. All proposed lots on the southerly parcel
(lot 192104-9030) meet the 7,200 square-foot minimum lot size for the underlying RS 7.2
zoning designation. All proposed lots on the northerly parcel (192104 9044 ) meet the minimum
5,000 square-foot minimum lot size for single-family residential use required in the RM zoning
district (FWCC Section 22-666) as requested to be allowed in the proposed new Concomitant
Agreement.
B.
Lot Layout - Most of the proposed lots are of rectangular shape, and six proposed lots gain
access from panhandles connected to the lots. Each of the lots that include access via a
. panhandle abut an adjacent panhandle lot. In order to meet applicable driveway setback
requirements and provide a 20-foot driveway and five-foot exterior setbacks for each lot, the
abutting panhandles must include reciprocal access easements for the abutting parcels. Building
setback lines (BSBL) are depicted on the preliminary plat map, and each lot contains an
adequate building area.
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EXHIBIT C, 03-1O2630-00~SU I Doc:a;:9;
PAGE ~ OF---1ß-
c.
Open Space - To provide adequate recreational opportunities commensurate with new
residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site
for open space, or a fee-in-lieu payment. Pursuant to FWCC Section 20-1 55(b), the applicant has
requested to pay a fee-in-lieu of providing on-site open space. The City PARCS Director has
agreed to a fee-in-lieu of on-site open space. The open space fee amount is 15 percent of the
assessed land value at the time of final plat approval.
Open space credit as allowed by City code for buffer open space in Tract C, constrained open
space in Tract G, and usable open space in Tracts E and F, will be permitted. A final calculation
of open space will be conducted with review of the final plat and must comply with FWCc.
Open space fee in-lieu for 15 percent open space on proposed lot 45 (one-acre multi-family
parcel) is not allowed by code or supported by staff in conjunction with the preliminary plat.
The open space on lot 45 must be provided at the time of the future development on lot 45 and
meet the provisions of FWCC Section 22-667 (note 2) regarding size, dimensional requirements,
usability, etc., including development of at least 10 percent of the area with children's play
equipment. Specifically, the code requirement of at least 400 square feet of open space per
multi-family dwe1lirig unit on lot 45 must be provided. In addition, the open space on lot 45
must also equal a minimum of 15 percent of the gross area of lot 45 (6,502 square feet of open
space on lot 45), regardless of the eventual dwelling unit count of lot 45 (43,348 X 15% = 6,502
square feet). As described above, the open space on lot 45 must meet the more restrictive of the
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 of lot 45.
D.
Subdivision Access and Roadway System - Access to the site will be via construction of the
10th/12th Avenue corridor, extending from the intersection of loth Avenue SW and Campus
Drive, through the site to the current terminus of 12'h Avenue at the north end of the Orchid
Lane subdivision. In addition, access to the site will be provided by extending SW 340th Street
through the Wynstone site, from its current terminus near Saghalie Park. The preliminary plat
also includes construction of two cul-de-sac streets within the proposed subdivision. Section VII
of this report provides a detailed description of the proposed roadway system and improvements.
E.
Pedestrian System - Sidewalks will be provided along all street frontages, except as proposed
and recommended by City staff; a sidewalk is not required along the west side of lOth Avenue
SW within tax parcel no. 192104-9044. Specifically, interior full street improvements include
five-foot wide sidewalks on both sides of all streets, and eight-foot sidewalks on lOth/12th
Avenue SW.
In accordance with FWCC Section 20-156, the subdivision includes two, 20-foot wide
pedestrian and bicycle access tracts. The first pedestrian tract is labeled as Tract E and provides
a pedestrian connection between the cul-de-sac of 12th Place SW and 10th Avenue SW. The
second pedestrian tract, identified as Tract F, connects from SW 340th to an existing pedestrian
tract in the Orchid Lane subdivision.
Metro Transit commented on the proposal in a September 14, 2004 email, and due to potential
increased transit use resulting from the project, Metro requests construction of a concrete
passenger shelter footing and landing pad along Campus Drive SW (Exhibit 5).
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EVH! .. ,. 03-1O2630-00-SU I Doc ID 29393
^ BIT '-'" Page 6
PAGE~OF ~
F.
Landscape Buffers - In accordance with FWCC Section 20-178, a ten-foot wide Type III
landscape strip shall be provided along all arterial streets to shield new residences from arterial
streets. Campus Drive is an arterial street; therefore, landscape buffering along this street is
required. The preliminary plat map provides a 60-foot wide landscape buffer within proposed
Tract C.
G.
Clearing and Grading - In a November 25, 2003, letter (Exhibit 10) to the City, the applicant
has requested approval to clear and grade approximately half the future lots in conjunction with
clearing and grading the site for infrastructure for the site. As described in the letter, the request
to clear and grade the majority of parcel 192104-9044 is due to the unique topography of the
site, extensive infrastructure requirements, and sizable off-site grading easement. In order to
align the 10th/l2th Corridor with SW Campus Drive and to construct 12th Court SW,
approximately 35,000 cubic yards of existing material will need to be removed to establish street
grades for the site.
In regard to clearing and grading plats, FWCC Section 20-179 states:
"All natural vegetation shall be retained on the site to be subdivided except that which will
be removed for improvements or grading approved in the preliminary subdivision or short
subdivision. "
"Existing mature vegetation shall be retained to the maximum extent possible. "
City staff supports the clearing and grading limits proposed on the preliminary clearing and
grading plan by Jaeger Engineering dated revised 1 0/20/04, based on the following factors:
existing site topography which averages approximately 13 percent slope across the entire
northern parcel, required cut depth up to 20 feet for construction of I Oth/l 2th SW, and resultant
irregular lot grades that would result without mass clearing and grading of the northern portion
of the site. Without clearing and grading of the northern parcel, the resulting grades on future
lots 1-18 would exceed 20 percent slope, and would result in the need for extensive additional
grading to create building lots with finish grades conducive to single-family development. By
allowing mass grading of the northern parcel, future lots 1-18 have finished grades with an
approximately 14 percent slope as depicted on the preliminary grading plan. .
The preliminary grading plan identifies retaining walls proposed near the rear of lots 5 - 9 and
around two sides of the proposed stormwater facility. The wall behind lots 5 - 9 are proposed to
be constructed in two terraces, each no more than four feet tall and screened with plantings. The
wall around a portion of the stormwater quality facility is proposed to be eight feet at the highest
point. To minimize aesthetic impact and be consistent with the residential nature of the proposal,
all walls shall include aesthetic treatment.
H.
Vegetation and Significant Trees - The Existing Tree Plan by Jaeger Engineering, 3/14/03,
identifies 630 significant trees on the site. Approximately 270 trees to be removed are located
within future right-of-way and utility areas and are not subject to the tree retention standards.
Therefore, approximately 360 significant trees on the site are regulated for retention and
replacement. As proposed, construction of the plat infrastructure and clearing and grading
approximately half the proposed lots, will result in retention of approximately 155 significant
trees on the site. Therefore, as proposed, the retention of 155 significant trees results in retention
of 43 percent of the regulated trees, which exceeds the minimum retention standard of25
percent.
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EXH!BIT 03-102630-00-SU /Doc1D29393
PAGE , OF ~ Page 7
VII TRANSPORT A nON
A.
Street Improvements - A March 31, 2004, revised Traffic Impact Analysis (TIA) by Christopher
Brown and Associates was submitted for the project (Exhibit 11). The City's Traffic Division
has reviewed the project and concluded that the proposed street layout of the Wynstone
subdivision is consistent with the adopted codes and comprehensive plan in place at the time of
the complete application.
Access to the site will be via construction of the 1 Oth/ I zth Avenue corridor, extending from the
intersection of lOth Avenue SW and Campus Drive, through the site to the current terminus of
lzth Avenue at the north end of the Orchid Lane subdivision. In addition, access to the site will
be provided by extending SW 340th Street through the Wynstone site, from its current terminus
near Saghalie Park. The preliminary plat also includes construction of two cul-de-sac streets
within the proposed subdivision. Interior streets shall be designed and constructed by the
applicant per FWCC requirements. In accordance with FWCC Section 20-176, all street
improvements must be dedicated as City right-of-way and improved to full street standards,
except the portion of lOth/lth on parcel 9044, where partial street improvements are permitted.
10th/lzth Avenue SW through the site is classified as a Principal Collector. Improvements to the
project frontage along lOth/12th Avenue SW are depicted on the October 20,2004 preliminary
road and utility plan, by Jaeger Engineering, and improvements shall be completed prior to final
plat approval. Improvements to IOth/l zth SWare required in accordance with City standards;
The southern portion of 1 Oth/l zth S W on tax parcel 192104-9030 shall be developed with full
street improvements per City Standard Cross Section 'M', including 36 feet of pavement in a 70-
foot right-of-way, with vertical curbs, six-foot landscape strips with street trees, streetlights, and
eight-foot sidewalks on both sides of the street.
The northern portion of 10th/lzth SW on tax parcel 192104-9044 shall include street
improvements per City Standard Cross Section 'M', including clearing and grading the 70-foot
right-of-way required for full street improvements. The east half of this street shall be developed
with 18 feet of pavement, curb and gutter, six-foot landscape strip, street trees, eight-foot
sidewalk, streetlights, and three-foot utility strip. The west side of this street shall include six
feet of pavement plus thickened edge for a total width of 24 feet of pavement, drainage
provisions, asphalt tapers at a 25: I ratio, stabilization and erosion control of the graded areas.
Campus Drive abutting the project site is classified as a Principal Arterial. Improvements to the
project frontage along SW Campus Drive are depicted on the October 20,2004 preliminary road
and utility plan, by Jaeger Engineering. Improvements to Campus Drive are required in
accordance with City standards including additional asphalt paving to create a twelve-foot wide
left-turn pocket to access lOth Avenue SW from SW Campus Drive per City Standard Roadway
Section 'E', with concrete curb and gutter, six-foot planter strip with street trees and street lights,
eight-foot sidewalk, and three-foot utility strip. The improvements shall provide sufficient new
roadway taper east from the widened paved edge at the easterly property boundary. Along the
Campus Drive frontage, a dedication of seven feet of property to the City is required for right-of-
way.
Improvements to the intersection of Campus Drive and lOth SW shall be completed prior to final
plat approval. Specifically, at the SW quadrant of the intersection, the following improvements
shall be completed: extend existing curb, gutter, planter strip, and sidewalk around the radius to
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EXH I BIT J 03-1O2630-00-SU / Doc ;:::9~
PAGE~F 10
the southwest, terminating at the end of the curb return. Construct City-standard handicap access
ramps at the NW and SW quadrants of the intersection. Add channelization in SW Campus
Drive to create a left turn lane onto loth Avenue SW, into"the proposed plat. Revise the left turn
marking for traffic on the existing leg of lOth Avenue SW so that it will be a combined thru and
left turn pavement marking. Channelization for the new section of loth Avenue SW shall be
marked for two lanes of traffic: one lane westbound, with the southerly lane allowing for thru,
left, and right turns.
Within the plat and connecting off-site, SW 340th Street shall be improved to Minor Collector
Standard corresponding to a Cross-Section "S." The required street improvements include 36
feet of pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot
sidewalks, and three-foot utility strips with streetlights, within a 60-foot wide dedicated right-of-
way.
Within the plat, 13th Court SW and 12th Place SW shall be improved to Local Street Standard
corresponding to a Cross-Section "W." The required street improvements include 28 feet of
pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot
sidewalks, and three-foot utility strips with streetlights, within a 52-foot wide dedicated right-of-
way.
Street lighting is required on all streets, pursuant to FWCC Section 22-1522.
The Public Works Department and Federal Way Fire Department have approved preliminary
roadway improvements and curve radius, as proposed.
B.
Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental
Policy Act (SEP A). The SEP A mitigation conditions require construction of City Transportation
Improvement Program (TIP) projects that are impacted by 10 or more PM peak hour trips, or
alternatively, the applicant may voluntarily contribute a pro-rata share to the impacted TIP
projects. The MDNS specifically identifies that Izth Avenue SW between Campus Drive and it's
current terminus at Orchid Lane, will be constructed by the Wynstone development.
Required improvements to the project's street frontages are code-based requirements in the
FWCC, and are independent of the SEPA mitigation.
VIII PUBLIC SERVICES
A.
Schools - The City received written correspondence from Federal Way Public Schools dated
May 21,2003 (Exhibit 12), regarding the proposed Wynstone development. The Federal Way
School District reviewed the proposed subdivision and noted that school students in the
Wynstone site would attend the following schools under current service areas: Silver Lake
Elementary, Saghalie Junior High, and Decatur High. The school district also noted that they
could introduce discussion to change the elementary school boundary to Sherwood Forest, as the
site is within one mile. Pursuant to the school district correspondence, students from the
Wynstone site would walk to Sherwood Forest and Saghalie Junior High. Sidewalks and safe
walking areas are provided from Wynstone to both of these schools. High school students would
attend Decatur High and appropriate bus stops would be provided.
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development.
EXHIBIT c... 03-IO2630-00-SU I Doc;::9;
PAGE 'LOF -----is-
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
School impact fees, as authorized by City ordinance and collected at the time of building permit
issuance. For the year 2004, the school impact fee is $3,269.00 per single-family housing unit.
School impact fees are determined on the basis of the district's Capital Facilities Plan and are
subject to annual adjustment and update.
B.
Public Parks - The Wynstone site is adjacent to Saghalie Park and in close proximity to the
City's BPA trail. These public parks provide recreational opportunities for residents in the area.
Open space requirements are discussed in Section VI of this report.
c.
Fire Protection - The Certificate of Water Availability from the Lakehaven Utility District
indicates that water will be available to the site in sufficient quantity to satisfy fire flow
standards for the proposed development. The Fire Department requires that a fire hydrant be
located within 350 feet of each lot. The exact number and location of fire hydrants will be
reviewed and approved by the Fire Department.
IX UTILITIES
A.
Sewage Disposal- The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A May 22, 2003, Certificate of Sewer Availability
(Exhibit 13) indicates the district's capacity to serve the proposed development through a
Developer Extension Agreement (DEA) between the applicant and the district.
B.
Water Supply - The applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Utility District. A May 22, 2003, Certificate of
Water Availability (Exhibit 14) indicates Lakehaven's capacity to serve the proposed
development through a DEA.
c.
Drainage Facilities - Development of the site will create additional runoff from new impervious
surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the
City's amendments to the manual. The applicant's December 2003, preliminary stormwater
Technical Information Report (TIR) (Exhibit 15) by Jaeger Engineering, was reviewed by the
City's Public Works Department.
The site is divided into two separate drainage basins by a north-south running ridge
located approximately 400 feet from the west property boundary.
Levell flow control and Resource Stream Water Quality treatment are required for each
drainage basin, per the 1998 King County Surface Water Design Manual and the City of Federal
Way Addendum to the manual. Each drainage basin on the site lies within the Panther Lake
Drainage Basin. As such, the applicant may provide on-site flow control to the Level I flow
control standard, or elect to pay for off-site detention provided in Panther Lake. The cost for
utilizing Panther Lake for off-site detention is $1,728.00 per gross acre. The preliminary
indication is the applicant will choose to pay for off-site detention in Panther Lake.
The applicant has proposed two constructed stormwater wetlands to serve the two separate
drainage basins, to provide water quality treatment for the site. As proposed, this design meets
the Resource Stream Protection requirement for water quality treatment. It can be expected to
remove at least 80 percent total suspended solids, and 50 percent total zinc removal.
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EXHIBIT 03-IO2630-00-SU I Doc ID 29393
Page 10
P AGE --'fL 0 F ----'.L
The preliminary design proposes to collect and convey stormwater through a series of
pipes and catch basins into two water quality treatment facilities, one located at the
northeast corner of the site adjacent to SW Campus Drive, and the other located near the
southwest corner of the site, adjacent to the proposed extension of SW 340th Street.
In order to mitigate potential erosion impacts to downstream drainage systems and Panther Lake,
the applicant shall provide on-site Erosion and Sediment Control measures per the requirements
of the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum
to the manual. The City may further limit clearing and grading activities during the wet season
(October 31 through March 31) per the SEPA mitigation measure.
The proposed water quality facilities are adequate to serve the proposed development. Final
review and approval of the storm drainage facilities as shown on the engineering plan will occur
in conjunction with full drainage review.
x
ANAL YSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary
plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat
application and the recommendation of the Hearing Examiner are submitted to the City Council for
approval or disapproval.
Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the
Hearing Examiner may recommend approval of the proposed preliminary plat only if the following
decisional criteria are met. Decisional criteria and staff responses are provided below.
1.
The project is consistent with the Comprehensive Plan.
Staff Comment: The application is subject to the adopted 2002 Federal Way Comprehensive
Plan (FWCP), which designates the property as multiple-family for the northern parcel and
single-family high density for the southern parcel. The proposed land uses on the two individual
parcels is consistent with the underlying Comprehensive Plan designation.
In addition, construction of I Othll2th Avenue SW, a Principle Collector, and construction of SW
340th Street, a Minor Collector, both identified in the Comprehensive Plan are being developed
with the proposal.
2.
The project is consistent with all applicable provisions of the chapter, including those adopted
by reference from the Comprehensive Plan.
Staff Comment: The preliminary plat application is required to comply with the provisions of the
FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions," Chapter 22, "Zoning,"
and all other applicable codes and regulations. Future development of the residential subdivision
will be required to comply with all applicable development codes and regulations. As proposed,
and with conditions as recommended by staff, the preliminary plat will comply with all
provisions of the chapter. The preliminary plat application is not consistent with the 1990
Concomitant Zoning Agreement applicable to a portion of the site. However, the proposed
preliminary plat is consistent with the proposed Concomitant Agreement for the applicable
portion of the site. Therefore, the approval of the preliminary plat must be based on concurrent
approval of the associated proposed Concomitant Agreement.
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EXHIBIT 03-102630-00-SU 10;::;9:
PAGE jLOF jL
3.
The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat would permit development of the site consistent
with the current Single-Family High Density and Multiple-Family land use classifications of the
FWCP and map, provided the preliminary plat is consistent with and approved concurrently with
the proposed Concomitant Agreement for the applicable portion of the site.
Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire
Department. Future development of the plat and associated improvements including street
improvements, and other infrastructure improvements in accordance with applicable codes and
regulations will ensure protection of the public health, safety, and welfare.
4.
It is consistent with the design criteria listed in Section 20-2.
Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC
Section 20-2, and the standards and regulations therein, as identified in the staff report,
including effective use of land, promotion of safe and convenient travel on streets, and provision
for the housing needs of the community. As proposed, and with conditions as recommended by
City staff, the preliminary plat application complies with all provisions of the chapter.
5.
It is consistent with the development standards listed in Sections 20-151 through 157, and 20-
158 through 187.
Staff Comment: Development of this site is required to comply with the provisions of FWCC
Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning,"
,
and all other applicable local and state development codes and regulations. As proposed, the plat
is consistent with the FWCC requirements provided the recommended conditions of approval
are adopted.
XI FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds that
1.
The proposed action is to subdivide two vacant parcels totaling approximately 13.49 acres into
45 separate lots.
2.
Pursuant to the City's September 17,2003 Notice of Complete Application, the plat is subject to
codes and policies in place on September 10, 2003, including the 2002 Federal Way
Comprehensive Plan (FWCP).
3.
The subject property is designated Multiple-Family for the northern parcel and Single-Family
High Density for the southern parcel in the 2002 FWCP.
4.
The two parcels comprising the site have different zoning designations. Parcel 192104-9030 is
zoned RS-7.2, (minimum lot size 7,200 square feet). Parcel 192104-9030 is zoned RM2400*.
The asterisk identifies that the property is subject to a concomitant zoning agreement. Pursuant
to FWCC Section 22-666, single-family residential use is permitted in the RM zoning District
with a minimum lot size of 5,000 square feet per lot. As recommended with conditional
approval, the proposed residential subdivision and density is consistent with applicable zoning
and subdivision regulations.
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
03-IO2630-00-SU 1 Doc ID 29393
Page 12
5.
The applicant has requested to modify certain provisions of the existing 1990 concomitant
zoning agreement applicable to parcel 192104-9044. The staff report and recommendation on
the CZA amendment is under separate cover to the Hearing Examiner, and the Examiner will
review and hold a public hearing on the the CZA amendment request concurrent with the
preliminary plat.
6.
In respect to site access, roadway connections, and utilities, development of the entire site is
integral in meeting applicable City standards. Therefore, since single-family use is not permitted
on parcel 192104-9044 under the terms of the existing Concomitant Zoning Agreement,
approval of a new Concomitant Agreement is required concurrent with approval of the
preliminary plat.
If the new Concomitant Agreement is not adopted concurrent with approval of the preliminary
plat application, then the preliminary plat application cannot be approved as proposed.
7.
An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this
proposed action on September 1, 2004. The City received no appeals of the SEP A
determination, and the SEPA appeal period expired on September 29,2004.
8.
As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family residence for lots 1 - 44. In addition, adequate area is provided for future multi-
family development on proposed lot 45.
9.
Pursuant to FWCC Section 20-155, the applicant has proposed fee-in-lieu of on-site open space,
in addition to proposed buffer open space in Tract C, usable open space in Tracts E and F, and
conservation open space in Tract G, to the extent permissible under FWCC Section 20-155. The
fee-in-lieu of on-site open space shall be paid at the time of final plat approval.
10. The open space on lot 45 must be provided at the time of the future development on lot 45 and
meet the provisions of FWCC Section 22-667 (note 2) regarding size, dimensional requirements,
usability, etc., including development of at least 10 percent of the area with children's play
equipment. Specifically, the code requirement of at least 400 square feet of open space per
dwelling unit on lot 45 must be provided. In addition, the open space on lot 45 must also equal a
minimum of 15 percent of the gross area of lot 45 (6,502 square feet of open space on lot 45),
regardless of the eventual dwelling unit count of lot 45 (43,348 X 15% = 6,502 square feet). As
described above, the open space on lot 45 must meet the more restrictive of the 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 of lot 45.
11. The applicant provided geotechnical engineering analysis and recommendations from Berquist
Engineering Services, in correspondence dated December 15, 2003 (Exhibit 6), April 15, 2004
(Exhibit 7), and August 19, 2004 (Exhibit 8). The geotechnical reports provide engineering
analysis of cut and fill slopes and recommended setbacks, and classification of the subsurface
soils for design of the stormwater management facilities. The applicant shall design and
construct the project in accordance with all recommendations from the geotechnical engineer.
12. In a November 23, 2004, letter (Exhibit 10) to the City, the applicant has requested approval to
clear and grade approximately half the future lots in conjunction with clearing and grading the
site for infrastructure for the site. As described in the letter, the request to clear and grade the
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
30-00-SU 1 Doc ID 29393
PAGE--1.3.-0F ~ Page 13
majority of parcel 192104-9044 is due to the site's unique topography, extensive infrastructure
and sizable off-site grading easement. In order to align the 10th/lib Corridor with SW Campus
Drive and to construct lih Court SW, approximately 35,000 cubic yards of existing material
will need to be removed to establish street grades.
City staff supports the clearing and grading limits proposed on the preliminary clearing and
grading plan by Jaeger Engineering, dated revised I 0/20/04, based on the following factors:
existing site topography which averages approximately 13 percent slope across the entire
northern parcel, the need for cutting up to 20 feet of ground for roadway construction, and due to
the extreme resultant grades of future residential lots if mass grading were not allowed. Without
clearing and grading of the northern parcel, the resulting grades on future lots 1-18 would
exceed 20 percent slope, and would result in the need for extensive additional grading to create
building lots with finish grades conducive to single-family development. By allowing mass
grading of the northern parcel, future lots 1-18 have finished grades with an approximately 14
percent slope as depicted on the preliminary grading plan.
13. The preliminary grading plan identifies retaining walls proposed near the rear of lots 5 - 9 and
around two sides of the proposed stormwater facility. The wall behind lots 5 - 9 are proposed to
be constructed in two terraces, each no more than four feet tall and screened with plantings. The
wall around a portion of the stormwater quality facility is proposed to be eight feet at the highest
point. To minimize aesthetic impact and be consistent with the residential nature of the proposal,
all walls shall include aesthetic treatment.
14. The subject property is wooded with primarily second growth forest. Significant tree retention
and/or replacement shall be provided in accordance with FWCC Section 20-179 and 22-1568.
Trees that may be left on individual lots following the plat infrastructure construction may be
removed during individual home construction and subject to retention and replacement standards
of FWCC Section 22-1568.
15. The 3/14/03 Existing Tree Plan, by Jaeger Engineering, identifies a total of 488 significant trees
to be removed from the site. As proposed, construction of the plat infrastructure and clearing and
grading approximately half the proposed lots, will result in retention of approximately 155
significant trees on the site. Therefore, as proposed, the retention of 155 significant trees results
in retention of 43 percent of the regulated trees, which exceeds the minimum retention standard
of 25 percent.
16. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the City for approval in accordance with FWCC
requirements. The landscape improvements shall be completed prior to final plat approval,
unless a financial guarantee is approved by the City for completion of the landscape
improvements. The final landscape plan shall include, at a minimum, the following elements:
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'
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EXHIBIT 03-1O2630-00-SU 1~~~9~~
PAGE~OF ~
association. The landscape tracts shall be developed with Type II[ 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.
Landscaping adjacent to proposed retaining walls on lots 5 - 9.
17. In order to provide transit facilities for the proposed action, in accordance with RCW 58.17.110,
Metro Transit has requested the developer to design and construct a bus stop shelter footing and
bus stop landing in accordance with King County Metro standards. Prior to construction, the
applicant shall provide the City with approval of the landing design and location from Metro.
18. Development of the site will create additional runoff from new impervious surfaces such as
streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with
the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary
storm drainage TIR by Jaeger Engineering, as revised December 2003, was reviewed and
accepted by the City's Public Works Department.
Level 1 flow control and Resource Stream Water Quality Protection are required for this site per
the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to
the manual. In lieu of providing on-site flow control, the applicant has chosen to pay the pro-rata
share fee of$I,728.00 per gross acre for off-site detention in Panther Lake. In addition, the
applicant has proposed two constructed wetlands, to serve the two separate basins on this site,
which meet the Resource Stream Protection requirements for water quality treatment.
In order to mitigate potential erosion impacts to downstream drainage systems and Panther Lake,
the applicant shall provide on-site Erosion and Sediment Control measures per the requirements
of the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum
to the manual.
The proposed flow control and water quality facilities are adequate to serve the proposed
development. Final review and approval of the storm drainage facilities as shown on the
engineering plan will occur in conjunction with full drainage review.
19. A March 31, 2004, revised Traffic Impact Analysis (TIA) by Christopher Brown & Associates
was submitted for the project. Public access will be provided from entrances to SW 340t\ 12th
Avenue SW, and from Campus Drive at loth Avenue SW. The plat also includes construction of
a new interior street system that interconnects the three access points. The project will result in
approximately 63 new weekday evening peak hour trips.
The City's Traffic Engineer has reviewed the project and concluded that the proposed street
layout of the Wynstone subdivision is consistent with the adopted codes and Comprehensive
Plan in place at the time of the complete application.
Street improvements proposed and required for the proposal are depicted on the 10/20/04
Preliminary Road, Drainage and Utility Plan by Jaeger Engineering, and the 12/ I 0/03
Preliminary Plat Road Profiles Plan by Jaeger Engineering. The street improvements are
described in detail in Section VIII of the staff report and are incorporated by reference as set
forth in full. All public right-of-ways will be dedicated to the City. Pedestrian Tracts E and F, as
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
EXHIBIT 03-IO2630-00-SU 1~::~9~
PAGE IS" OF-1..ß-
proposed, meet applicable City standards for pedestrian tracts including a 20-foot width with a
12-foot wide paved walkway.
20. New sidewalks and pedestrian facility improvements in conjunction with existing walking areas
will provide a safe pedestrian route of travel for school children who walk from Wynstone to
Sherwood Forest Elementary School and Saghalie Junior High. School children would be
provided bus transportation from Wynstone to Decatur High School.
21. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to
serve the proposed development. It is the applicant's responsibility to secure all necessary water'
and sewer services from the utility provider. -
22. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning."
23. The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter
22, "Zoning," and all other applicable codes and regulations. As proposed, and recommended by
staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations,
provided the proposed accompanying Concomitant Agreement is adopted concurrently.
24. Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded, per City code requirements.
XII RECOMMENDA nON
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the preliminary plat
subject to the following conditions:
1.
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.
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.
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
03-IO2630-00-SU 1 Doc 1029393
PAGEilLOF ~- Page 16
E.
Significant tree retention and protection in compliance with FWCC standards.
F.
Landscaping adjacent to proposed retaining walls on lots 5 - 9.
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 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.
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.
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.
6.
If included in the final engineering design, retaining walls and rockeries designs 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.
XIII LIST OF EXHIBITS
1. Wynstone preliminary plat map, revised May 10, 2004 (sheet I of 1); along with the Wynstone
Preliminary Roads, Drainage and Utilities Plan (sheet 1 of I), revised October 20,2004;
Wynstone Preliminary Grading Plan dated revised October 20, 2004; Wynstone Preliminary
Grading Plan Cross Sections dated November 20, 2004; Wynstone Preliminary Plat Road
Profiles sheets 1-3 dated revised December 10,2003; Wynstone Existing Tree Plan by Jaeger
Engineering dated March 14,2003 sheet 1 of I; and Wynstone Preliminary Landscape Plan by
Eagle Design dated April 23, 2003
2. Master Land Use application for Wynstone Preliminary Plat application
3. SEPA MDNS, September 1,2004
4. SEPA Checklist for Wynstone, dated revised August 20, 2004
5. Metro Transit comment letter, September 14,2004
6. Geotechnical Exploration Evaluation by Berquist Engineering Services, December 15, 2003
7. Berquist Engineering Services letter, April 15, 2004
8. Berquist Engineering Services letter, August 19,2004
9. Wetland Assessment by Habitat Technologies, April 8, 2003
10. Clearing and Grading Request from Brad Plemmons, November 23, 2004
11. Traffic Impact Analysis, revised March 31, 2004, by Christopher Brown & Assoc.
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
2630-00-SU 1 Doc ID 29393
PAGE-!:LOF -1-1- Page 17
12. Federal Way Public Schools comment letter, May21, 2003
13. Certificate of Sewer Availability by Lakehaven Utility District, May 22, 2003
14. Certificate of Water Availability by Lakehaven Utility District, May 22, 2003
15. Preliminary Storm Water Technical Information Report (TIR), by Jaeger Engineering,
November 2003
Note:
Copies of exhibits are not attached to all copies of this report. All exhibits have been
provided to the Hearing Examiner.
TRANSMIITED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant
Applicant Agent - Jaeger Engineering
Wynstone Preliminary Plat
Staff Report to the Hearing Examiner
02630-00-SU / Do<: IV 29393
PAGEjp¿OF ---L8- Page 18
..A
CITY OF .' . . .
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
CONCOMITANT AGREEMENT FOR PARCEL 5b
1000 Block of SW Campus Drive'
Federal Way File No. 03-102632-00-UP
PUBLIC HEARING - December 14,2004
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33325 8th A VENUE SOUTH
Table of Contents
I.
II.
III.
IV.
V.
VI
VII.
General Information...............................................""""""""""""""""""""""""""'".......2
Consulted Departments, Agencies, and Public ....................................................................5
State Environmental Policy Act ........... ...... ............. """"'" """"'" """""'" .... """"" .... ... .....6
Analysis of Decisional Criteria .......... ............ ..... ....... """""" """" .... ""'" """""""""""" ...6
Findings of Fact and Conclusion """""""""""""""""""""""""""""""""""...................8
Recommendation """"""""""""""""""""""""""'"........................................................1 0
List of Exhibits.................. ....... ........ ........... """'" ...... """"""" "'" ......., """" """"" ......... ..10
. Report Prepared by:
\\ W Jim Harris, Senior Planner
V December 7, 2004
EXHIBIT tj
PAGE-L-OF --1lL
File No:
03-102632-00-UP
Applicant:
Brad Plemmons
Brad Plemmons Enterprises
101 T Street SE
Auburn, W A 98002
Phone: 206-293-1434
Owner:
Werner Paulus and
Polygon Shelter Inc
Action
Requested:
The applicant has requested modification of a February 27, 1990, concomitant
zoning agreement (CZA) as amended by City Council resolution 93-128 and
resolution 93-144. The CZA as amended pertains to a five-acre parcel located at
approximately the 1000 block of SW Campus Drive. Pursuant to Section 8 of the
1990 agreement, amendment of the existing agreement shaH be processed in the
same manner as a rezone of property.
Staff
Representative:
Jim Harris, Senior Planner, 253-835-2641
Staff
Recommendation:
Adoption of the proposed new Concomitant Agreement, superseding the 1990
Concomitant Zoning Agreement as amended. (Refer to Section VI)
I
GENERAL INFORMATION
A.
Description of the Proposal - The applicant has requested to amend the existing 1990
Concomitant Zoning Agreement (CZA) relating to certain property known as Campus Crest
(Parcel 5B) (Exhibit A Master Land Use Application) (Exhibit B Applicant's request, August
27,2003). The applicant is the contract purchaser of the subject property as identified in the
Notice of Interest in Property, June 18, 2003 (Exhibit C). The requested CZA amendment would
allow the subject property to be developed with both single-family and multi-family
development, whereas under the 1990 CZA only multi-family use is permissible. In addition, the
applicant has requested to modify terms of the agreement in regard to the following subjects:
status of building permit application; landscape standards abutting single-family zoning;
building setbacks along Campus Drive; required improvements to Campus Drive; building
height; maximum density of 347 units; phased construction; housing type; and 10th Avenue
corridor dedication and construction.
Pursuant to Section 8 of the 1990 CZA, amendments of the agreement shaH be considered and
heard, "by filing an application therefore, which shall be considered and heard in the same
manner as a rezone of property." Therefore, this application is being reviewed via a Process V,
Project Rezone (FWCC Section 22-477 et al), and will be heard concurrently with a preliminary
plat application for the property.
In order to simplify and consolidate the agreement applicable to the subject property, a new
Concomitant Agreement (Exhibit D) superseding the 1990 Agreement and subsequent amending
Staff Report to the Hearing Examiner
Wynstone Concomitant Zoning Agreement Amendment
Page 2
~m ätf:::.IL
PAGE ~ OF.-1L
resolutions has been prepared rather than amending the 1990 Concomitant Zoning Agreement as
amended.
The subject property is comprised of approximately five acres and is currently zoned RM 2400*.
RM-2400 is a multi-family zoning with a minimum of 2,400 square feet of lot area per dwelling
unit for multi-family use. The asterisk (*) denotes that the property is subject to a concomitant
zoning agreement. The subject parcel known as Campus Crest or Parcel 5B comprises only a
portion of the proposed Wynstone preliminary plat, which is being reviewed concurrently by the
Hearing Examiner under File No. 03-102630-00-SU.
The proposed action is depicted in the following documents: Wynstone preliminary plat map,
revised May 10,2004 (sheet 1 of 1); along with the Wynstone Preliminary Roads, Drainage and
Utilities Plan (sheet 1 of I), revised October 20,2004; Wynstone Preliminary Grading Plan
dated revised October 20,2004; Wynstone Preliminary Grading Plan Cross Sections, November
20,2004; Wynstone Preliminary Plat Road Profiles sheets 1-3 dated revised December 10,2003;
Wynstone Existing Tree Plan by Jaeger Engineering, March 14, 2003 sheet 1 of 1; and
Wynstone preliminary landscape plan by Eagle Design, April 23, 2003.
B.
Location - The site is located along the south and west side of SW Campus Drive at the
intersection of 10th Avenue SW.
c.
Parcel No. - 192104-9044.
D.
Size of Property - The subject site has a land area of approximately 218,235 square feet (5.01
acres).
E. Land Use and Zoning -
Direction Zoning Comprehensive Plan Existing Land Use
Site RM-2400*1 Multi-Family Vacant
North RM-2400 Multiple-Family Multi-family
RM-3600
South RS- 7.2 SF - High Density SFR2
East RM-3600* Multiple-Family Vacant
Pending Single-family pre plat
West RM-2400 Multiple-Family Saghalie Park, Saghalie Middle
RS- 7.2 School, SFR
F.
Background - The CZA amendment request and associated preliminary plat of Wynstone were
filed with the City on June 26,2003. The application was determined complete on September
10,2003. The Wynstone preliminary plat site is comprised of two separate parcels. One of the
parcels that make-up the Wynstone site is subject to a 1990 Concomitant Zoning Agreement as
amended. The Wynstone preliminary plat application includes a request to amend the
Concomitant Zoning Agreement that applies to one of the Wynstone parcels.
IRM-2400 = multi-family residential, 2,400 SF minimum lot size.
2SFR = single-family residential.
Staff Report to the Hearing Examiner
Wynstone Concomitant Zoning Agreement Amendment
Page 3
EX HI B IT Q3-1O2fJOO-UP/Do<: IV 29787
PAGE 3 OF-1£L
At the time of incorporation of the City of Federal Way in February 1990, an application by
Polygon to develop parcel 5 of the Campus Crest Property was under review by King County.
On February 27, 1990, a concomitant agreement between the City of Federal.Way and Polygon
(Exhibit E) was entered into relating to the zoning of a parcel of property commonly known as
the Campus Crest Property (Parcel 5). Polygon and the City entered into the 1990 agreement for
the purpose of resolving any potential disagreements with respect to vesting rights and the
applicability of King County or City of Federal Way regulations as a result of incorporation.
The 1990 CZA set development standards for development of the site with up to 347 dwelling
units. In summary, the 1990 CZA addresses the following items: status of a 1989 building
permit application at King County; landscape standards abutting single-family zoning; building
setbacks along Campus Drive;required improvements to Campus Drive; building height;
maximum density of347 units; phased construction; housing type; and loth Avenue corridor
dedication.
The 1990 agreement was amended in 1993 via Resolution 93-128 (Exhibit F). The effect of
Resolution 93-128 was to eliminate a portion of the overall site (ParceI5A) from the terms of the
1990 CZA with the effect that the zoning for Parcel5A shall be RM 2400, with no modification
to development conditions pursuant to the concomitant agreement. Parcel 5A is property
comprised of approximately 16 acres that the City and Federal Way School District purchased
from Polygon for the development and construction of Saghalie Park and Saghalie Junior High
School.
The 1990 agreement was amended a second time in 1993 via Resolution 93-144 (Exhibit G).
The effect of Resolution 93-144 was to modify terms of the 1990 agreement in regard to
landscape buffering adjacent to single-family zoning, and clarify provisions regarding timing
and funding for the construction of 10th Avenue SW.
The applicant's submitted an August 27,2003 written request, to amend the 1990 Concomitant
Agreement as amended (Exhibit B).
The current proposal for Parcel 58 includes development of the site with both single-family
residences and multi-family development. Most of the terms of the 1990 CZA are inapplicable to
the current proposal in respect to the proposed single-family and multi-family development. In
order to simplify and consolidate the agreement applicable to the subject property, a new
Concomitant Agreement superseding the 1990 Agreement (as amended) has been prepared
rather than amending the 1990 Concomitant Zoning Agreement as amended.
Table 1 (Exhibit H) summarizes the provisions of the following: terms ofthe 1990 CZA; terms
of Resolution 93-128; terms of Resolution 93-144; terms of the applicant's request for
amendment of the CZA; and the City staff recommendation regarding the proposed new
Concomitant Agreement.
The proposed Concomitant Agreement will supersede the 1990 Agreement as amended and will
result in the following actions summarized below and as described in detail in the proposed
Concomitant Agreement:
.
Elimination of reference to the 1989 building permit application filed with King County.
.
Reduction of the required 60-foot landscape buffer and solid board fence, to a 20-foot wide
buffer for the future multi-family site (lot 45), consistent with FWCC requirements.
Staff Report to the Hearing Examiner
Wynstone Concomitant Zoning Agreement Amendment
Page 4
EXHIBIT j) 03-102632-00-UP/Do<:IV29787
PAGE~OF -IlL
.
Retain the minimum 60-foot building setback along Campus Drive.
.
Retain the 30-foot maximum building height requirement; however, this item will be
eliminated from the proposed agreement as it repeats the 30-foot height regulation in
FWCc.
.
Replace the maximum density of347 units on the previous 2 I-acre site (which equals I
unit per 2,636 square feet of lot area), with a maximum of 16 units on proposed lot 45
(which equals I unit per 2,636 square feet of lot area).
.
Eliminate the 1990 provision requiring phased construction of no more than 100 units per
year.
.
Eliminate the 1990 provision requiring 1/3 of the site to be townhome units.
.
Clarify dedication, funding, and construction standards for 10th/12th Avenue SW on the site.
.
Eliminate the provision allowing only multi-family housing and allow a mixture of single-
family and multi-family use on the site.
The proposed Concomitant Agreement under consideration constitutes an agreement that
modifies the permitted use on the property and sets development standards relating to project
mitigation, design standards, and development standards. As previously identified, the
agreement is being presented to the Hearing Examiner through the rezone process as required by
the 1990 CZA. Ultimately, the development standards contained within the agreement shall be
consistent with the standards for the Wynstone preliminary plat. The agreement and the
preliminary plat are mutually inclusive, in that as proposed, they must both be reviewed and
approved or denied concurrently.
II
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
The following departments, agencies, and individuals were advised of this application.
A.
Community Development Review Committee (CDRC), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works Engineering
and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of
Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal
Way Public Schools. CDRC comments have been incorporated into this report where applicable.
B.
All property owners within 300 feet of the site were mailed notices of the complete preliminary
plat application and concomitant zoning agreement amendment request on September 17,2003.
The City also conducted other public notice on September 17,2003, in accordance with City
code requirements.
c.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and
all affected agencies, were notified of the proposed action and the City's environmental decision.
In addition, the site was posted and notice placed in the newspaper and on the City's official
notice boards.
Staff Report to the Hearing Examiner
Wynstone Concomitant Zoning Agreement Amendment
Page 5
EXHIBIT 0 03-1O2632-00-UP/Do<: IV 29787
PAGE S-- OF----'L
III STATE ENVIRONMENTAL POLICY ACT
A.
The City of Federal Way issued a Mitigated Environmental Determination of Nonsignificance
(MDNS) for the proposed action on September 1,2004. This determination was based on review
of information on file, including the environmental checklist, and staff evaluation of the
environmental checklist for Wynstone, resulting in the conclusion that the proposal would not
result in probable significant adverse impacts on the environment provided the applicant complies
with the mitigation measures in the MDNS.
B.
The City received one comment letter on the proposed action from King County Metro during the
14-day SEP A comment period.
c.
No appeals of the environmental determination were submitted to the City.
IV ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Although the proposal is not a rezone, Section 8 of the 1990 CZA states: "the
agreement may be amended by the owners by filing an application therefore, which shall be
considered and heard in the same manner as a rezone of property." Therefore, pursuant to FWCC
Chapter 22, "Zoning," Section 22-488, the Hearing Examiner shall use the following criteria for the
requested CZA amendments:
(1) The City may approve an application for a quasi-judicial nonproject rezone only if it finds that:
a.
The proposed r~zone is in the best interest of the residents of the City; and
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The site will be developed in accordance with all applicable City codes and
policies. Development of the site in accordance with the proposed agreement and proposed
preliminary plat, which provides a range of housing opportunities, is in the best interest of
residents of the City. The proposed new Concomitant Agreement and associated
preliminary plat will provide new housing opportunities for the public, assist in meeting the
City's responsibilities under the state Growth Management Act related to housing targets,
and will extend, interconnect, and provide infrastructure to support the proposed
development in accordance with the City code and Comprehensive Plan.
b.
The proposed rezone is appropriate because either:
1.
Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those changed
conditions, a rezone is within the public interest; or
The rezone will correct a zone classification or zone boundary that was inappropriate
when established;
2.
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The site conditions in the vicinity have changed since adoption of the original
CZA in 1990. Specifically, the adjacent site has been developed with a public park and
. public middle school on 16 acres of land. The school and park construction have resulted in
roadway construction (SW 340th Street) that terminates at the west side of the Wynstone
Staff Report to the Hearing Examiner D Page 6
Wynstone Concomitant Zoning Agreement Amendment EXH I B IT . 03-1 02632-00-UP/Do<: IV 29787
P AGE -"'--OF ---UL
site. In addition, the adjacent Orchid Lane plat has extended 10th Avenue SW to the
boundary of the Wynstone plat. In addition, the building permit application for the multi-
family/townhome project identified and referenced in the 1990 CZA agreement has
expired.
Since parcel 5 has been reduced in size from the original 2 I-acre parcel to its current five
acres, development of the site in isolation under the existing CZA is impractical and may
be unworkable. The applicant has assembled parcel 5B in conjunction with the adjacent
eight-acre parcel in order to develop a consolidated residential project that includes both
multi-family and single-family housing consistent with the underlying zoning.
c.
It is consistent with the Comprehensive Plan;
Staff Comment: The subject property is designated multiple-family in the 2002
Comprehensive Plan. The new Concomitant Agreement will result in both single-family
and multi-family development on the site. Both single-family and multi-family housing are
permitted in the multiple-family land use designation. In addition, the proposal would result
in construction of a segment of the 10th/l2'h Avenue SW corridor through the site, which is
identified in the 2002 Comprehensive Plan. The proposal would also result in construction
of an east-west street connection (SW 340th Street), west of the I Oth/l2'h corridor as
depicted in the 2002 Comprehensive Plan.
d.
It is consistent with all applicable provisions of the chapter, including those adopted by
reference from the Comprehensive Plan; and
Staff Comment: The proposed preliminary plat associated with the new Concomitant
Agreement is being reviewed for compliance with all applicable City code requirements.
The City's Community Development Review Committee has reviewed the proposal in
relation to zoning code requirements and regulations. As proposed and recommended by
City staff the proposed new Concomitant Agreement and associated preliminary plat will
comply with all applicable codes and regulations.
e.
It is consistent with the public health, safety, and welfare.
Staff Comment: The proposal is consistent with the public health, safety, and welfare, as it
provides for a range of housing opportunities. In addition, the associated preliminary plat
includes construction of infrastructure necessary to serve the future residents. The
preliminary plat also provides for protection of wetlands and wetland buffers, open space,
and fee-in-lieu of open space as allowed by FWCC.
(2) The City may approve an application for a quasi-judicial project related rezone only if it finds
that:
a.
The criteria in subsection (c)(I) of this section are met; and
b.
The proposed project complies with this chapter in all respects; and
Staff Comment: The proposed preliminary plat associated with the new Concomitant
. Agreement as recommended by City staff is being reviewed for compliance with all
applicable City Code requirements. The City's Community Development Review
Staff Report to the Hearing Examiner
Wynstone Concomitant Zoning Agreement Amendment
Page 7
EXHIBIT 0 03-1O2632-OO-UP/Do<:IV29787
PAGE-10F -1!L
Committee has reviewed the proposal in relation to zoning code and subdivision code
requirements and regulations. As proposed and recommended by City staff the proposed
new Concomitant Agreement and associated preliminary plat will comply with all
applicable codes and regulations.
c.
The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the vicinity of the subject property, and
Staff Comment: The proposed site plan minimizes adverse impacts on developed properties
in the area. Specifically, the proposed multi-family parcel (lot 45) is adjacent to the existing
Saghalie Park and is not adjacent to any existing single-family uses. Also, design of the
project includes construction of new roadway connections (10th /1 ih Avenue S Wand S W
340th Street) through the site, which are identified in the City's 2002 Comprehensive Plan
and discussed in the 1990 CZA as amended. The SEP A MDNS issued on September 1,
2004, includes mitigation measures for the traffic, erosion, and neighborhood traffic
impacts.
d.
The site plan is designed to minimize impacts upon the public services and utilities; and
Staff Comment: The proposed Concomitant Agreement as recommended by staff allows for
two different housing types rather than the current CZA which allows only multi-family
housing. The proposed Concomitant Agreement results in a reduction in density on the site
from 82 potential units to a maximum of 30 proposed units on the applicable portion of the
Wynstone site, and the proposal will result in less impact on public services and utilities
than would result under the existing CZA provisions and density allowance. The proposal
also includes construction of utility and roadway improvements commensurate with the
proposal and these improvements will mitigate impacts to public services and utilities.
e.
The rezone has merit and value for the community as a whole.
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The new Concomitant Agreement, if approved, will result in development of
both single-family and multi-family housing in accordance with applicable City standards,
rather than just multi-family housing as currently permitted in the 1990 CZA as amended.
The proposed project will provide two different housing types for the public. In addition,
the proposal will include construction of required utility and roadway improvements. By
providing new development in accordance with FWCC standards including compliance
with open space provisions, payment of school impact mitigation and traffic mitigation
fees, providing two housing types, and construction of utilities and roadway improvements,
the proposal has merit and value to the community as a whole.
v
FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds that:
1.
The application is for revision to Concomitant Agreement between the City of Federal Way and
Polygon, for a 5.0 I-acre parcel of property known as the Campus Crest property, Parcel5B,
located along the south and west side ofSW Campus Drive at the 1000 Block.
. Page 8
EXHIBIT ~2632-00-UP/Do<:ID29787
PAGE~OF -11.--
Staff Report to the Hearing Examiner
Wynstone Concomitant Zoning Agreement Amendment
2.
The site is zoned RM 2400*. Both multi-family and single-family uses are permitted in the RM
2400 zone.
3.
The 1990 Concomitant Agreement as amended allows only multi-family housing on the site and
the agreement also contains development standards for the site pertaining to the following:
status of a 1989 building permit application at King County; landscape standards abutting
single-family zoning; building setbacks along Campus Drive; required improvements to Campus
Drive; building height; maximum density of 347 units; phased construction; housing type; and
10th Avenue corridor dedication.
4.
The 1990 CZA was amended twice in 1993 by City Council Resolution. The effect of
Resolution 93-128 was to eliminate Parcel 5A from the terms of the 1990 CZA with the effect
that the zoning for Parcel 5A shall be RM 2400. Parcel 5A is property comprised of
approximately 16 acres that the City and Federal Way School District purchased from Polygon
for the development and construction of Saghalie Park and Saghalie Junior High School.
The 1990 agreement was amended a second time in 1993 via Resolution 93-144. The effect of
Resolution 93-144 was to modify terms of the 1990 agreement in regard to landscape buffering
adjacent to single-family zoning, and clarify provisions regarding timing and funding for the
construction of loth Avenue SW.
5.
Pursuant to Section 8 of the 1990 CZA, the agreement may be amended by the owners by filing
an application therefore, which shall be considered and heard in the same manner as a rezone of
property.
6.
Since parcel 5 has been reduced in size from the original 21-acre parcel to it's current five acres,
development of the site in isolation under the existing CZA is impractical and may be
unworkable.
7.
The applicant has assembled parcel 5B in conjunction with the adjacent eight-acre parcel in
order to develop a consolidated 13-acre residential project that includes both multi-family and
single-family housing consistent with the underlying zoning.
8.
The current preliminary plat application for Parcel 5B includes development of the site with both
single-family residences and multi-family development. Most of the terms of the 1990 CZA are
inapplicable to the current proposal in respect to proposed single-family and multi-family
development. In order to simplify and consolidate the agreement applicable to the subject
property, a new Concomitant Agreement superseding the 1990 Agreement (as amended) has
been prepared rather than amending the 1990 Concomitant Zoning Agreement as amended.
9.
The proposed Concomitant Agreement is being reviewed concurrently with a preliminary plat
application, which includes the subject property and an abutting parcel.
10. If approved, the proposal will result in a new agreement that allows single-family and multi-
family use of the property. In addition, the new agreement modifies and memorializes terms of
the agreement in regard to the following subjects: status of building permit application;
landscape standards abutting single-family zoning; building setbacks along Campus Drive;
required improvements to Campus Drive; building height; maximum density of347 units;
phased construction; housing type; and 10th Avenue corridor dedication and construction, as
fully described in the new Concomitant Agreement.
Staff Report to the Hearing Examiner n M "' Page 9
Wynstone Concomitant Zoning Agreement Amendment EXH I B IT ~2632-00-UP/Do<: IV 29787
'1-0F II)
PAGE
11. The development standards of the proposed Wynstone preliminary plat shall be consistent with
the standards contained in the agreement. The agreement and the preliminary plat are mutually
inclusive, in that as proposed, they must both be reviewed and approved or denied concurrently.
12. An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this
proposed action on September 1,2004. The City received no appeals of the SEPA determination
and the SEPA appeal period expired on September 29,2004.
13. The proposal has been reviewed for compliance with Federal Way City Code and the Federal
Way Comprehensive Plan. The proposal meets the decisional criteria for the rezone process in
FWCC Section 22-488 as discussed in Section IV above.
VI RECOMMENDA TION
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the new Concomitant
Agreement, subject to approval of the preliminary plat ofWynstone.
VII LIST OF EXHIBITS
A.
B.
C.
D.
E.
F.
G.
H.
Master Land Use Application
Letter from Brad Plemmons, August 27,2003
Notice of Interest in Property, June 18, 2003
Draft Concomitant Agreement
1990 Concomitant Agreement
Resolution 93-128, with Hearing Examiner's Recommendation
Resolution 93-144, with Hearing Examiner's Recommendation and Staff Report
Table I, Summary of Agreement History
Note:
Copies of exhibits are not attached to all copies of this report. All exhibits have been
provided to the Hearing Examiner.
TRANSMIITED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent - Jaeger Engineering
Applicant
Staff Report to the Hearing Examiner
Wynstone Concomitant Zoning Agreement Amendment
HI IT 1\ Page 10
EX B ---'L.-.<lJ.;J 02632-00-UP/Do<: IV 29787
PAGE---1tLOF ~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE WYNSTONE PRELIMINARY PLAT AND
CONCOMITANT ZONING AGREEMENT FOR PARCEL 5b,
FEDERAL WAY FILE NO's. 03-102630-00-SU and 03-102632'{)O-UP.
WHEREAS, the developer, Brad Plemmons Enterprises, applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as Wynstone and consisting of 13.49 acres
into 44 single-family lots and one multi-family lot located generally south of SW Campus Drive at the
intersection of 10th Avenue SW; and
WHEREAS, the developer, Brad Plemmons Enterprises, applied to the City of Federal Way to modify
the terms and conditions of a 1990 Concomitant Zoning Agreement (as amended by Resolutions) applicable to
five acres of the Wynstone site, to allow the subject property to be developed with both single-family and
multi-family development and clarify the status of the building permit application, landscape standards
abutting single-family zoning, building setbacks along Campus Drive, required improvements to Campus
Drive, building height, maximum density of 347 units, phased construction, housing type, and 10th Avenue
corridor dedication; and
WHEREAS, on September 1,2004, an Environmental Mitigated Determination of Non significance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and
WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development
Services; and
WHEREAS, the Federal Way Hearing Examiner, on December 14, 2004, held a public hearing
concerning the Wynstone preliminary plat and concomitant zoning agreement; and
WHEREAS, following the conclusion of said hearing, on December 29,2004, the Federal Way Hearing
Examiner issued a Report and Recommendation containing findings and conclusions, and recommending
EXHIBIT ~
PAGE---LOF Í-
Res. #
, Page I
approval of the preliminary plat of the Wynstone preliminary plat subject to conditions set forth therein; and
WHEREAS, following the conclusion of said hearing, on December 29,2004, the Federal Way Hearing
Examiner issued a Report and Recommendation containing findings and conclusions, and recommending
approval of the Wynstone concomitant zoning agreement; and
WHEREAS, the Federal Way City Council has jurisdiction and authoritypursuantto Section 20-127 of
the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 8 of the
1990 Concomitant Zoning Agreement and Section 22-488 et al of the Federal Way City Code to approve,
deny, or modify a concomitant zoning agreement pursuant to the rezone procedure; and
WHEREAS, on January 10,2005, the City Council Land Use and Transportation Committee considered
the record and the Hearing Examiner recommendation on the Wynstone preliminary plat and concomitant
zoning agreement, pursuant to Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, and voted to forward a recommendation for approval of the proposed Wynstone
preliminary plat and concomitant zoning agreement to the full City Council, with no changes to the Hearing
Examiner recommendations; and
WHEREAS, on January 18, 2005, the City Council considered the record and the Hearing Examiner
recommendations on the Wynstone preliminary plat and concomitant zoning agreement, pursuant to Chapters
20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1.
The findings of fact and conclusions of the Hearing Examiner's December 29, 2004,
Wynstone Preliminary Plat Report and Recommendation, and the findings of fact and conclusions of the
Hearing Examiner's December 29, 2004, Wynstone Concomitant Zoning Agreement Report and
Recommendation, attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted
Res. #
, Page 2
EXHIBIT ('
PAGE 2 OF S'"
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 alia, the analysis and conclusions in the Staff Reports and Hearing Examiner's
recommendations, and conditions 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, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, play grounds, 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 and concomitant
zoning agreement granted herein.
Section 2. Preliminary Plat Application Approval. Based upon the recommendation of the Federal Way
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, the Wynstone preliminary plat, Federal Way File No. 03-102630-00 SU, is hereby approved, subject to
conditions as contained in the December 29, 2004 Report and Recommendation of the Federal Way Hearing
Examiner (Exhibit A).
Section 3. Concomitant Agreement Approval. Based upon the recommendation of the Federal Way
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, the Wynstone Concomitant Agreement for parcel 5B, Federal Way File No. 03-102632-00 UP, is
hereby approved, as contained in the December 29,2004 Report and Recommendation of the Federal Way
Hearing Examiner (Exhibit B).
Section 4. Conditions of Approval Integral. The conditions of approval of the preliminary plat and
concomitant zoning agreement 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 ~f the conditions invalid, then, in said event, the
Res. #
, Page 3
EXHIBIT E
PAGE---3-0F S
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 and conduct such additional proceedings as are necessary to assure that the
proposed plat makes appropriate 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 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.
Seçtion 6. Effective Date. This resolution shall be effective immediately upon completed execution of
the Wynstone Concomitant Agreement.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS - DAY OF
,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
A TrEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
, Page 4
EXHIBIT €
PAGE~OF S-
Res. #
ApPROVED As To FORM:
CITY AITORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No.
Res. #
, Page 5
EXHIBIT E
PAGE S' OF Í-
CONCOMITANT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND POLYGON FOR DEVELOPMENT
OF WYNSTONE PROPERTY (PARCEL 5B)
JANUARY _,2005
The City of Federal Way ("City") and Polygon 2000, Inc., ("Owner"), a Washington
corporation, collectively referred to herein as "the Parties", enter into the following concomitant
agreement ("Agreement") replacing an earlier concomitant agreement, changing the allowed use
under that earlier agreement, and defining the necessary right-of-way improvements associated
with the development of a parcel of property, specifically described below in Section 2 ("Parcel
SB").
WHEREAS, the City of Federal Way, Washington, a non-charter optional municipal code
city incorporated under the laws of Washington, has authority to enact laws and enter into
agreements to promote the public health, safety, and general welfare of its citizens and thereby
control the use and development of property within its jurisdiction; and
WHEREAS, a concomitant agreement was entered into between the City and Polygon in
February 1990 regarding the zoning of Campus Crest Property Parcel 5, which included the
Property subject to this Agreement; and
WHEREAS, an amendment to the 1990 concomitant agreement via Resolution 93-128
split the Campus Crest Property Parcel 5 into two parcels referred to as Parcel 5A and 5B and
removed parcel SA from the terms of the 1990 concomitant agreement; and
WHEREAS, an additional amendment to the 1990 concomitant agreement via Resolution
93-144 altered the original conditions applicable to Parcel SB; and
WHEREAS, various terms of the 1990 concomitant agreement as amended are no longer
applicable to the proposed use and development ofParcelSB; and
WHEREAS, the developer working with Polygon desires to develop Parcel SB in a
manner different than what is allowed in the 1990 concomitant agreement as amended and has
initiated a discussion with the City with respect to amending the 1990 concomitant agreement;
and
WHEREAS, both Parties agree that a new Agreement is appropriate; and
WHEREAS, the City wishes to preserve its rights under the 1990 concomitant agreement
as amended, including development being restricted to residential use, predetermined setbacks,
maximum density requirements, and right-of-way improvements; and
WHEREAS, both Parties seek clarification regarding the construction of the loth A venue
SW extension and SW Campus Drive improvements; and
Concomitant Agreement
Wynstone Property (Parcel 5b)
EX-HIBfT J O~-I 02630 / Do<:. !.D. 29918
PAGE -L-OF -'-L Page I
NOW THEREFORE, in consideration of the mutual promises and obligations set forth
herein, it is hereby covenanted and agreed by and between the Parties hereto as follows:
1. Description of Agreement. This Agreement is a concomitant agreement that allows for
a change in the allowed use of certain property subject to a previous concomitant agreement, as
well as, development standards and conditions governing the use of the property. The
Agreement provides the developer with certainty regarding the local regulations and mitigation
requirements that will govern development for a specified project. The concomitant agreement is
. a condition to and limitation upon the change of use of the property, if adopted by the City
- Council. That is, if the allowed use is changed subject to concomitant agreement, its use and
development is restricted both by the regulations applicable to the underlying zoning
classification and the provisions of the concomitant agreement, and where development
standards in the agreement are more restrictive, they govern property development. The
development of the property is conditioned and limited by the concomitant agreement. This
Agreement supercedes the 1990 concomitant agreement as amended by Resolutions 93-128 and
93-144 as it applied to Parcel5B.
2. Location. Polygon is the owner of certain real property, King County tax parcel number
192104-9044, situated in Federal Way, Washington, located along the southwest side of Campus
Drive at the intersection of 10th Avenue SW ("ParceI5B"). Parcel5B is more particularly described
on Exhibit A attached hereto and incorporated herein by this reference.
3. Project Description. The Project consists of development of 44 single family lots and
one acre of multi-family units as depicted on the Development Plan, attached hereto as Exhibit B
(the "Plan" or "Development Plan"). The Plan encompasses a larger area of real property than is
covered by this Agreement. It is the intention of the Parties that the terms of this Agreementdo
not apply to the entire area of real property encompassed by the Plan, but only to Parcel 5B as
described above in Section 2.
4. Concomitant Agreement. If the allowed use ofParcel5B is changed from exclusive
multi-family to both single-family and multi-family by the Federal Way City Council, Owner and
the City agree that Parcel 5B may be developed only in accordance with the standards and
mitigation set forth in the Agreement. Parcel 5B shall be developed as described in the
Agreement, and as depicted in the Development Plan. The allowable use of the property shall be
limited to that described in the Agreement. All development standards, including mitigation,
identified in the Agreement shall apply to property development. No development on Parcel 5B
shall be inconsistent with the Agreement or City Code. Parcel 5B is subject to the Agreement,
and shall be developed only in accordance with the development standards identified within the
Agreement, including the Development Plan, unless and until the Agreement is amended or
rescinded, as authorized by the City.
5.
Development of Property.
5.1 Permitted Uses. Owner covenants and agrees that it will limit any use ofParcel5B to
single-family and multi-family residences, as depicted in the Development Plan, attached as
Exhibit B.
~ 9J-102630 I Doc. I.D. 29918
PAGE :J OF -11.- Page 2
Concomitant Agreement
Wynstone Property (Parcel 5b)
5.2 Relationship Between City Development Regulations and Development Standards
Identified in Agreement. Development Regulations include all provisions of the Federal
Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22.
The Agreement establishes site-specific development standards, including mitigation.
Property development shall be consistent with both development regulations and the
development standards identified in the Agreement. Where the development standards in
the Agreement are more restrictive, they shall govern development of Parcel 5B, as
specified herein. .
6. Development Standards, Including Mitigation. The Project shall be consistent with all
specified development standards. Owner shall construct, install or implement, as part of Project
construction, all mitigation required by the Agreement.
6.1
Project Design and Site Configuration.
6.1.1 Permitted Development. Owner agrees that development shall be of
residences only. Both single-family and multi-family development will be permitted,
but no other development will be allowed without an amendment to this Agreement.
6.1.2 Building Setback. All site improvements, except utilities, right-of-way
improvements, and entry signage, shall be setback from SW Campus Drive a
minimum of 60 feet as depicted in the Development Plan, attached as Exhibit B.
6.1.3 Maximum Density. The maximum density for the one acre multi-family
portion of Parcel 5B, as designated in the Development Plan, shall be 16-units.
6.2 Right-of-way Improvements. Owner shall perform, as part of Project construction
and prior to issuance of final plat approval unless otherwise noted, the following right-of-
way improvements described in the attached Exhibit C as required and approved by the
Director of Public Warks.
6.2.1
5B:
loth Avenue SW. That portion of loth Avenue SW located within Parcel
a. Dedicate the full 70 feet Right-of-Way to the City. Right-of-Way dedication
to be via Statutory Warranty Deed. Additional right-of-way, dedicated by the
City Parks Department and additional slope easement, will be necessary to
complete the full-width dedication to SW Campus Drive.
b. Clear and grade the entire 70 feet right-of-way limits, required for the full
street improvements, including clearing and grading outside the right-of-way,
sufficient to provide a 2: 1 slope, and as identified and allowed by the geo-
technical report, from the westerly right-of-way to top of slope.
c. Stabilize and control erosion of the graded area, outside the westerly edge of
the hard-surface street improvements.
Concomitant Agreement
Wynstone Property (Parcel 5b)
~F
03-102630 / Doc. I.D. 29918
PAGE 3 OF -U-- Page3
d. Grant a slope easement to the City, where needed, for the graded area that falls
outside the westerly right-of-way limit.
e. Provide street improvements for the east half of the right-of-way, as measured
from the centerline: 18-foot paved roadway (centerline to face of curb), curb
and gutter, six-foot planter strip with street trees and street lights, eight-foot
sidewalk, and three-foot utility strip.
f. Provide street improvements for the west half of the right-of-way, as measured
from the centerline: six-feet of paved roadway, plus thickened-edge, and
provisions for drainage. The crown of the roadway pavement shall be located
at the right-of-way centerline, in anticipation of the future 36-foot pavement
section.
g. Construct asphalt roadway taper, at a 25: 1 ratio, where the roadway section
transitions from the 36-foot roadway section within Tax Lot 30, to the 24-foot
roadway section within Tax Lot 44 (Parcel 5B).
6.2.2 SW Campus Drive. SW Campus Drive, southeast of 10th Avenue SW,
along Parcel 5B frontage:
a. Dedicate seven feet of Right -of- Way to the City. Right -of- Way dedication to
be via Statutory Warranty Deed.
b. Provide additional asphalt paving to create a twelve-foot wide left-turn pocket
to access 10th Avenue SW from SW Campus Drive per City Standard
Roadway Section 'E', with concrete curb and gutter, six-foot planter strip with
street trees and street lights, eight-foot sidewalk, and three-foot utility strip.
c. Provide sufficient new roadway taper east from the widened paved edge at the
easterly property boundary.
6.2.3
Intersection of loth Avenue SW and SW Campus Drive:
a. Extend existing curb, gutter, planter strip, and sidewalk around the radius to
the southwest, terminating at the end of the curb return at the NW quadrant of
intersection. This section of the new loth Avenue SW roadway, including
pavement width, shall be constructed to the City's Type 'M' street section.
b. Construct asphalt paved taper, at a 25:1 ratio within the new loth Avenue SW
right-of-way, from the end of the curb return, to meet the proposed 24-foot
paved roadway section, described above.
c. Construct City-standard handicap access ramps at the NW and SW quadrants
of the intersection.
d. Add channelization in SW Campus Drive to create a left turn lane onto loth
Avenue SW, into the proposed plat ofParcel5B. .
e. Revise the left turn marking for traffic on the existing leg of lOth Avenue SW
so that it will be a combined thru and left turn pavement marking (WSDOT
Type 3L marking).
f. Provide channelization for the new section of lOth Avenue SW marked for two
lanes of traffic: one lane westbound, with the southerly lane allowing for
thru-, left, and right-turns.
EXH!BJT f
PAGE~OF ~02630/Do<:I;~::~
Concomitant Agreement
Wynstone Property (Parcel 5b)
g. Provide signal modifications, including, but not limited to, wiring and conduit,
loops, new signal poles, mast arms, etc., to the existing traffic signal system to
be coordinated with City Traffic Division for all required modifications.
7.
Other Project Review Processes.
7.1 Single-Family Portion. The single-family portion of the Project will be subject to
preliminary plat approval, engineering plan review, final plat approval, and any other
applicable review processes. The final design of the buildings and other improvements,
precise location of building footprints, location of utilities, determination of access points,
and other design issues will be determined during that process and must be consistent with
the Agreement and the Plan.
7.2 Multi-Family Portion. The multi-family portion of the Project will be subject to
site plan and design review pursuant to the design requirements outlined in the FWCC
and any other applicable review processes. The final design of the buildings and other
improvements, precise location of building footprints, location of utilities, determination
of access points, and other design issues will be determined during that process and J'!lust
be consistent with the Agreement and the Plan.
8. Waiver and Mutual Release of Claims of Invalidity. The City and Owner acknowledge
and represent that the terms of this Agreement have beenjointIy negotiated and that each party
enters into this Agreement voluntarily. Further, Owner and the City agree that this Agreement is
authorized under law and each party waives any claim that the Agreement is invalid or illegal.
The agreements and representations in this Section are material to this Agreement and are being
relied upon by both Parties.
9.
General Provisions.
9.1 Binding on Successors.
9.1.1 The Agreement shall bind and inure to the benefit of the Parties and their
successors in interest, and may be assigned to any successor in interest to the Project
property.
9.1.2 This Agreement is intended to protect the value of, and facilitate the use and
development of, Parcel 5B and to protect the public health, safety, and welfare ofthe
City. Therefore, the covenants set forth herein shall be construed to and do touch and
concern Parcel 5B and the benefits and burdens inuring to Owner and to the City
from this Agreement shall run with the land and shall be binding upon Owner, its
heirs, successors, and assigns, and upon the City.
9.2 Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Washington. Venue for any action to enforce the terms of this
Agreement shall be in King County Superior Court.
Concomitant Agreement
Wynstone Property (Parcel 5b)
03-102630 I Do<:. I.D. 29918
S' OF JL.- Page 5
PAGE
9.3 Severability. The provisions of this Agreement are separate and severable. The invalidity
of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the
application thereof to any person or circumstance, shall not affect the validity of the
remainder of this Agreement, or the validity of its application to other persons or
circumstances.
9.4 Authority. The City and Owner each represents and warrants to the other that it has the
respective power and authority, and is duly authorized, to execute and deliver this Agreement
and that the persons signing on its. behalf are duly authorized to do so. Owner further
represents and warrants that it is the fee owner ofParcel5B, that it has authority to agree to
the covenants and provisions contained herein, and that there are no other persons, entities, or
parties with any fee interest in Parcel 58.
9.S Amendment. This Agreement may be modified only by written instrument authorized by
the City Council and duly executed by the City Manager and Owner, and their successors and
assigns; provided, however, notwithstanding the provisions of this Agreement to the
contrary, the City of Federal Way may, without the agreement of Owner, adopt and impose
upon ParcelSB restrictions and development regulations different than those set forth herein,
if required by a serious threat to public health and safety. Moreover, five years after the date
ofthe execution of the Agreement, the City may elect, without the agreement of Owner, to
apply development regulations in effect at that time to any development within the scope of
the Agreement that has not been completed at that time.
9.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully
set forth herein.
9.7 Headings. The headings in this Agreement are inserted for reference only and shall not
be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
9.8 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire
agreement of the Parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as expressly set forth herein. This Agreement does not set
forth all conditions applicable to the Project to the extent that additional conditions may be
imposed as part of any permit issued by the City, as required by the Federal Way City Code
as determined by the discretion of the Directors of the Departments of Community
Development Services and/or Public Works.
9.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either
party fails to satisfy any of its obligations under this Agreement, the other party shall have the
right to enforce this Agreement by an action at law for damages or in equity for specific
perfonnance. The Parties acknowledge that damages are not an adequate remedy for breach
by either party. In addition to the remedies set forth herein, in the event of a breach of this
Agreement by Owner, the City may enforce this Agreement under the enforcement
provisions of the Federal Way City Code in effect at the time of the breach and/or it may
Concomitant Agreement
Wynstone Property (Parcel 5b)
EXH I B IT 03-102630 / Do<: I.D.29918
Page 6
PAGE~OF JL
terminate this Agreement and take action to amend the Comprehensive Plan and zoning
designation of the ParceISB. No party shall be in default under this Agreement unless it has
failed to perform its duties or obligations under this Agreement for a period of thirty (30)
days after written notice of default from the other party. A notice of default shall specify the
nature of the alleged default and the manner in which the default may be cured. If the nature
of the default is such that it cannot be reasonably cured within thirty (30) days, then a party
shall not be deemed in default if the party commences a cure within thirty (30) days and,
thereafter, diligently pursues completion of the cure.
9.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages
resulting from a breach thereof, the prevailing party as determined by the court, shall be
entitled to recover its reasonable attorneys' fees.
9.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or
limit the police powers of the City granted by the Washington State Constitution or by
general law. This Agreement is an exercise of the City's police powers, the authority granted
under RCW 36. 70B.170-.21 0, and other laws.
9.12 Recording; Assignment. The Agreement shall be recorded with the Real Property
Records Division ofthe King County Records and Elections Department.
9.13 No Third Parties. The Agreement is made and entered into for the benefit of the
parties hereto and their successors and assigns. No other person or entity is an intended
third party beneficiary. No other person or entity shall have any right of action under this
Agreement.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and
year indicated.
CITY OF FEDERAL WAY,
a Washington municipal corporation
POLYGON 2000, INC.,
a Washington corporation
BY:
BY:
David H. Moseley, City Manager
Date:
Date:
ATTEST: This - day of January 200S.
N. Christine Green, CMC
Federal Way City Clerk
Concomitant Agreement
Wynstone Property (Parcel 5b)
EXHIBIT' r:
PAGE ~3-1 02630/ Do<:. ID. 29918
Page 7
Approved as to Form
for City of Federal Way:
Approved as to Form
for Polygon:
City Attorney, Patricia A. Richardson
STATE OF WASHINGTON
)
)ss.
)
COUNTY OF KING
On this day, personally appeared before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, to me known
to be the of Polygon 2000, Inc., a Washington corporation, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he/she is authorized to execute said instrument on behalf of said corporation.
Given under my hand and official seal this - day of
, 200S.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State
of Washington.
My commission expires:
Concomitant Agreement
Wynstone Property (Parcel 5b)
EXWlB1Y ç:
PAGE~OF -'L
03-102630 / Do<:. I.D. 29918
Page 8
Concomitant Agreement
Wynstone Property (Parcel 5b)
EXHIBIT A
TO CONCOMITANT AGREEMENT
LEGAL DESCRIPTION OF PARCEL 5B
EXHIBIT
r:
03-102630 / Do<:. I.D 29918
Page 9
Concomitant Agreement
Wynstone Property (Parcel 5b)
EXHIBIT B
TO CONCOMITANT AGREEMENT
DEVELOPMENT PLAN
03-102630 / Do<:. ( ). 29916
PAGE--HLOF --II- Page 10
EXHIBIT C
TO CONCOMITANT AGREEMENT
SECTION 6.2 RIGHT-OF-WAY IMPROVEMENTS
Concomitant Agreement .
Wynstone Property (Parcel 5b)
EXWIaIt'L
03-102630 I Do<:. I.D. 29918
PAGE II OF ---1J-- Page II
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A PORTION of the S. W.
LEGAL DESCRIP1l0N
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W,M.
SECTION
THAT PORTION Of GOVERNMENT LOT 1, SECTION 19, TOYoNSHIP 2' NORTH,
RANGE 4 EAST, 'MLLAAtETTE MERIDIAN, IN KING COUNTY, WASHINGTON,
SAID PORTION BEING 1A00E PARTICULARLY DESCRIBED AS FOlLOWS:
'-,
COIAMENONG AT THE NORTH \\EST CORNER Of THE SOUTHVlEST OUARTER OF
THE NORTH\\EST OUARTER Of SAID SECTION 19; THENCE SOUTH 89'27'3'"
EAST ALONG THE NORTH LINE THEREOF, }. DISTANCE Of 264.01 FEET TO
THE POINT Of BEGINNING; THENCE CONTINUING SOUTH 89'27'3'" EAST,
A DISTANCE Of 298.22 FEET; THENCE SOUTH 2"47'27" VlEST, A DISTANCE
Of 122,98 FEET; THENCE SOUTH 70'OS'oo" VlEST, A DISTANCE OF 83.38
FEET: THENCE SOUTH 53'44'33" \\EST, A DISTANCE Of 164.46 FEET;
THENCE NORTH 3615'27" VlEST, A DISTANCE OF 44.74 FEET TO THE
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RS 7.2:"\
TRACT B (RECjOPEN) -f'Q
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VICINITY MAP
N,TS
WETLANDS
WETlANDS DELINEATED BY HABITAT
TECHNOLOGIES IN REPORT DATED
4/8/03. THE I'oI:TLAND BOUNDARIES
REFLECT A FIELD SURVEY BY DRYCO
SURVEYING.
\lnLAND A: 1029 SF (TO BE FILLED)
SETBACKS
FRONT: 20'
SIDE: 5'
REAR: 5'
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SITE DATA
W::,
AREA: TOTAL:
AREA: TAX LOT #30:
AREA. TAX LOT #44:
PROPOSED NO, LOTS
ZONING:
ZONING
PROPOSED
PROPOSED
7.2
13.49 ACRES
8.48 ACRES
501 ACRES
45
RM2400 (TAX LOT #44)
RS 7.2 (TAX LOT #30)
DENSITY: 3.34 UNITS/ACRE
USE: SINGLE FAMILY DETACHED RESID,
KLAK GOlF
LLC
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PARCEL NOS.:
192104 9044
192104 9030
- ~,-- -- - - -- - - - -- -- .. -- Y. -. .. .. ..
SITE SERVICES
KLAK GOLF
LLC
SEWER: LAKEHAVEN UTILITY 015T,
WATER: LAKEHAVEN UTILITY 015T.
SCHOOL: FEDERAL WAY SCHOOL 015T, NO.
FIRE: KING COUNTY FIRE 0151. NO. 39
TELEPHONE: QWE5T
ELECTR!CAL & GAS: PUGET SOUND ENERGY
CABLE T.V.: COMCA5T
8
RS 7.2
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TRACTS
TRACT A: DRA/NAGE/ WA TER QUALITY: 14465 SF - PUBLIC
TRACT B: DRAINAGE/WA TER QUALITY: 4062 SF - PUBLIC
TRACT c.- LANDSCAPE,' 13353 SF - HOMEOWN£!RS ASSOC.
TRACT 0: LANDSCAPE: 610 SF - HOMEOWNERS ASSOc.
TRACT E: PEDESTRIAN ACCESS: 2980 SF .. PUBLIC
TRACT F: PEDESTRIAN ACCESS TRACT: 2140 SF - PUBLIC
TRACT G,' SENSITIVE AREA/ WETLAND: 16444 SF - HOMEOWNERS ASSOC,
TRACT H: LANDSCAPE: 278 SF - HOMEOWNERS ASSOc.
NOTE: A 10' I'tIDE BUFFER SHAlL BE PROI,1D£D BETI'oI:EN ANY RESID,
STRUCTURE AND THE TOP OR TOE OF A FILL SLOPE OR A CUT SLOPE
GREATER THAN 8' IN HEIGHT.
J".,
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50 0 25 50 100 200 PAGE
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1 mch = 50 ft, CITY~.fØf3t-.o°-S'
~ DRYCO
DRYCO ,
SurveYIng, Incorporated
12714 VAlLEY AVENUE EAST
SUt.lNER, WA 98390
253-826-0300 FAX 253-826-9703
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DESI(;H 8Y'--"'!L-1 CITY.";
LUIi
....... 81'. JJJ/I3ES
_.81'.-
JOB No. -
rue-
BRAD PLEMMONS
IOJ T ST. Sf
AUBURN. WA 9aoo~
Phone: t253) 939-16 1
Fox: (2,53) 9311-617
De.14: 4-,,-
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12th Av[. SW & SW JJ8th ST.
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TEL. (425) 898-8833. FAX (425) 868-2184
---
....
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
January 4, 200S
VIA:
FROM:
anageI--- -
~-.L
Kathy McClung, CDS Director
Isaac Conlen, Associate Planner
SUBJECT: Brown's/Dash Point Resolution
Policy Question
Should City Council pass a resolution re-affirming the City's intent to amend the City's
Comprehensive Plan to establish a Brown's Point/Dash Point Urban Growth/Service Area (PAA)
for Federal Way?
Background
On June 1,2004 (minutes attached as Attachment D), City Council directed staff to apply for a
Pierce County Comprehensive Plan amendment to amend the County's Comprehensive Plan to
add the unincorporated portion of the Brown's Point/Dash Point area to the City of Federal Way
Urban Growth/Service Area. City Council additionally directed staff to amend the City's
Comprehensive Plan accordingly, following passage of the Pierce County comp plan
amendment.
On November IS, 2004 staff submitted a Comprehensive Plan amendment request to Pierce
County. Because the area in question is currently located within the Tacoma Urban
Growth/Service Area, notice was provided to City of Tacoma. On November 23, the City
- received a letter from City of Tacoma (Attachment C) generally opposing the amendment
request and specifically questioning why the City has not amended the Federal Way
Comprehensive Plan prior to applying for the Pierce County Comprehensive Plan Amendment.
The purpose of the resolution is to formally show City Council's intent as indicated at the June 1,
2004 Council Meeting, to amend the City's Comprehensive Plan to reflect the proposed new
Urban Growth/Service Area if approved by Pierce County. Staff recommends waiting until the
outcome of the Pierce County Comprehensive Plan amendment is known before amending the
City's Comprehensive Plan.
1
Options
1. "I move that City Council pass a resolution re-affirming the City's intent to amend the
Federal Way comprehensive plan to establish a Brown's PoinUDash Point Urban
Growth/Service Area for Federal Way, following passage of the City's Pierce County
comprehensive plan amendment request."
2. "I move that City Council not pass a resolution re-affirming the City's intent to amend.
the Federal Way comprehensive plan to establish a Brown's PointlDash Point Urban"
Growth/Service Area for Federal Way, following passage of the City's Pierce County
comprehensive plan amendment request."
Staff recommendation
Option 1: "I move that City Council pass a resolution re-affirming the City's intent to amend the
Federal Way comprehensive plan to establish a Brown's PoinUDash Point Urban Growth/Service
Area for Federal Way following passage of the City's Pierce County comprehensive plan
amendment request"
Committee recommendation
Forward option - to the full City Council for approval.
APPROVAL OFCOMMITTEEREPORT: ~
Jack Dovey, Chair
Eric Faison, Member
Attachments: (A)
(B)
(C)
(D)
Draft Resolution
Brown's Point/Dash Point Map
Letter ITom City of Tacoma
June 1,2004 Council Minutes
2
E.xHIBiT
PAGE /
A
OF..
3 "
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RE-AFFIRMING THE
CITY'S INTENT TO AMEND THE CITY'S COMPREHENSIVE
PLAN TO ADD THE UNINCORPORATED AREA OF
BROWN'S POINT/DASH POINT TO THE CITY'S URBAN
GROWTH/SERVICE AREA FOLLO\VING PASSAGE BY
PIERCE COUNTY OF THE CITY'S REQUEST TO AMEND
THE COUNTY'S URBAN GROWTH AREA.
WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it
is in the best interest and general welfare of the City of Federal Way and the Brown's Point/Dash
Point area to allow residents of the area the option of annexing to the City of Federal Way; and
WHEREAS, the Brown's PointlDash Point area is currently within the Urban Growth/Service
Area of Tacoma; and
WHEREAS, the Pierce County Countywide Planning Policies allow an unincorporated area to
be simultaneously located within the Urban Growth/Service Area of more than one city; and
WHEREAS, the City of Federal Way has initiated a Pierce County comprehensive plan
amendment to amend the County's Comprehensive Plan to add the Brown's PointlDash Point
area to the Federal Way Urban Growth/Service Area; and
WHEREAS, the City Council of the City of Federal Way has determined that the most logical
sequence of events is to wait until after Pierce County issues a decision regarding the City's
request to amend the County comprehensive plan and if successful proceed to amend the City's
comprehensive plan to create a Brown'slDash Point Urban Growth/Service Area for Federal
Way; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map
(the "Plan") on November 21, 1995, and adopted development regulations and a zoning map
implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land
Res. #- Page 1
EXHIBIT A
PAGE 2- OF:
3"
use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001,
March 27, 2003, and July 20, 2004; and
WHEREAS, on June 1, 2004 the Federal Way City Council voted to amend the City's
comprehensive plan to create a Brown's Point/Dash Point Urban Growth/Service Area; and
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Public Interest. The best interests and general welfare of the City of Federal Way
and the Brown's PointlDash Point area would be served by amending the City's comprehensive
plan to establish a Brown's Point/Dash Point Urban Growth/Service Area for Federal Way.
Section 2. Timing. The City Council desires to amend the City's comprehensive plan
following passage by Pierce County of the City's request to amend the County's comprehensive
plan.
Section 3. Severability, 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
unconstitutionalit'y shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 4. Ratification. Any act consistent with the authority, and prior to the effective date,
of the resolution is hereby ratified and affinned.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Res. #_Page 2
EXHIBIT A
PAGE '3 OE
"
3
RESOLVED BY THE CiTY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this
day of
2005.
CITY OF FEDERAL WAY
Mayor, Dean McColgan
A TrEST:
City Clerk, N. Christine Green, CMC
ApPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
Res. #- Page 3
City 0 f
Federal Way
Dash Point
State Park
Legend
J Proposed Federal Way -
Browns Point USA
Zoning
D
L2LJ
Moderate Density Single Family
Neighborhood Center
Federal"
Way'
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Proposed Federal Way
Browns Point USA
Zoning
Map Date: November 2004
City of Federal Way,
33325 8th Ave S,
Federal Way, WA 98003
(253) 835 7000 '
www,cityoffederalway,com
Scale:
a 500 1,000
~ Feet
A Federal Way
IIerike/cd/pea/Browns,mxd
.
- ' "",...a
Tacoma
I ~,..
COM RECEIVED BY
MUNITY DEVElOPMENT DEPARTMENT
NO': .;£ ., 7(
. ,Ii ~J:' ,. 101
City of Tacoma ',' .
. Tacoma EconoMié'Ó~vë\opment Department
November 22, 2004
EXHIBff C
"'"
P~OF..I Z-
Ms. Kathy McClung, Director
City of Federal Way
Community Development Services
33325 Eighth Avenue South
P.O. Box 9718
Federal Way, WA 98063-9718
Dear Ms, McClung:
Subject: Federal Way Annexation Elections
This is in response to your letter dated October 28, 2004, describing your intent to pursue an
amendment to the Pierce County Comprehensive Plan to establish an urban growth area (UGA)
for the City of Federal Way in the Browns Point and Dash Point areas.
The purpose of this letter is to express our strong objection to any amendment which would
create an overlap of Tacoma's designated UGA. Creation of an overlap serves to confuse the
residents and business owners in these areas about future governance and service provision. It
also appears to be premature since, to my knowledge, Federal Way has not amended its own
Comprehensive Plan to include these areas and yet intends to seek approval from Pierce County
elected officials before your own citizens have had an opportunity to have their say about the
proposed expansion of your city.
On the other hand, the Browns Point and Dash Point areas have been a part of Tacoma's urban
growth area since Interim UGAs were established by Pierce County. The Tacoma City Council
adopted a Resolution in 1992 which included these two areas in Tacoma's proposed UGA and
which was forwarded to the County Council for their adoption. The Tacoma City Council
adopted its GMA plan in October 1993 which included the two areas in our UGA and which
were confirmed in 1994 when Pierce County adopted the urban growth area designations
compliant with the Growth Management Act.
Tacoma abuts these two areas on three sides while Federal Way's boundary primarily adjoins
Dash Point State Park and a small area to the west. These areas are served by Tacoma Public
schools, Metro Parks, and Tacoma utilities. Tacoma's street network intersects with the street
network found in these two areas. For these reasons and others, the Browns Point and Dash Point
areas are a natural expansion trea for the City of Tacoma when the citizens residing in these.
areas wish to become a part ôf our city
747 Market Street. Room 900 I Thcoma, Washington 98402-3793 I (253) 591-5364
httpJ/www.cityottacoma,org
. .
Kathy McClung, Director
November 22, 2004 .
Page 2
lXHIB¡'; C
PAGE 20F:
z"
In your1etter, ou ago\l~brrJl~bdut Tacoma's long- or short-term plans for these areas. Our
.,."..12!l -term '\~~ t~is ~t changed since we first proposed these. areas for .designation
as part 0 Tacoma's u[1ja~~ a~ea, In the short term, members of our City CouncIl have
requested a study to assess the fiscal costs and benefits if annexation were to occur. This study is
currently underway.
I would suggest that we meet in the near future to discuss Federal Way's interest in the Brown's
Point and Dash Point areas. I would be most interested in learning the rationale for pursuing
annexation in these areas and the information used to determine that this course of action is
warranted or desired by the affected citizens. Please call me at your earliest convenience to
establish a mutual agreeable time to meet.
;Z;¡y,
Ryan~~
Director
c:
Mayor Bill Baarsma and Members of the City Council
Jim Walton, City Manager
John Ladenburg, Pierce County Executive
STR DOCUMENT VIEW
- -
E_XH I LT
PAGE (
Federal Way City Owncll Regldllr Meettng Mlmltei
June I, 2004 - Page." of?
Page 2 of 3
D
'"
OF.. 2-
Item (b)/Clty Ce.nte.r Access Study/Stakeholder Selection Approval;
CouncHmember Dovey noted he wou]d like to have a staff update on this item it
there are additions] names to add to the list.
Public Works Traffic Engineer Maryanne Zukowski was pleased to report thl
currently thirty-two (32) members on the stakeholder Est. ' She noted the list is CO!
of nineteen (19) citiuns seven (1) agency representatives, imd six (6) elected offic
COUNCILl\..IEMBER DOVEY MOVED APPROVAL OF THE CITY CE
ACCESS STUDY/STAKEHOLDER SELECTION AS PlŒSE1
COUNCILMEMBER PARK SECOND. The maliGn passed as follows:
Burbidge.
Dovey
Faison
Ferrell
yes
yes
yes
Ye8
K 0 C hm.a.r
McColgan
Park
Item (e)/Enterprìse Neighborhood Traffic SaJetynCh Ave SW:
yes
yes
yes
Councilmember Dovey was pleased to see fuilì item on tonight' G agenda, as it is th
of concerned citizen:) who we;nt through the process to make changes ín their conlll
COUNCILMEMBER DOVEY MOVED APPRQV AL OF ITEM (e)1 ENTER
NEIGHBORHOOD TRAFFIC SAFETY/7TH AVE SW AS PRESENTED¡ HE
MAYOR KOCHMAR SECOND. The motion passed as follows:
Burbidge
Dovey
Faison
Ferrel1
yes
yes
yes
ye!ì
Kochmar
McColgan
Park
Item (g)/Potential Brown's Point Annexation Area:
yes
yes
yeR
Coundlmembe.r Faison noted this item was forwarded from the Land Use/Tramp¡
Committee fun Council with the recommendation to initiate a Pierce
Comprehensive Plan amendment which \"'Quld give the citizens a choice between
or King County. After discusging with colleagues and lìt.aff, he. prefen to forward
h Up :/Iintranet. federalway .local/web I ink/Doc View .asp ?DocumentID= 18993 5&F 0 IderID=46... 1/512005
STR DOCUMENT VIEW
- -
Page 2 of 3
EXHIBIT D
PAGE J- OF.. 2
Feðeral Way Clt» Council Regular Meelmg Minutes
June. /, 1004 '- Pflxe 5 of ~
DISCUSSION WITH CITY OF TACOMA, (2) INITIA TE PIERCE CO
COMPREHENSIVE PLAN AMENDMENTt (3) PROCESS FEDERAL
COMPREHENSIVE PLAN A1\'IENDMENTS - SEPA REVIE\V, (4) GA
ADDITIONAL GIS DATA; COUNCILMEMBER DOVEY SECOND. The.
passed as follows:
Burbidge
Dovey
Faí~on
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
VI.
PUBLIC HEARING
Potential Annexation Area Sub!ll'e8. Plan
Mayor McColgan read procedures to be followed fot' the Public Hearing and open~d
hearìng at 7:25 p.m, '
Councilmember Ferrel] announced he would recuse himself a.nd left Council Chambt
the Public Hearing portion of the agenda,
. Staff Report
Federal Way's Planning Consultant Gregg Dorhn made a. brief presentation to {
regarding the Potential Annexation Area Subarea Plan.
. Citize.n Comment
Suzie Horan ~poke in support of the rezone of the Jackson property.
Thoma& Barnes spoke in support of the rezone of the Jackson property,
Carla LaSteHa spoke in opposition of changing the mning on the Jackson property
Bryan Cope spoke in opposition of changing the zoning on the Jackson property,
Louise Davis spoke in support of rezoning her property,
http://intranet.federalway.local/weblinklDocView .asp ?DocumentID= 18993 5&F 0 IderID=46.., 1/5/2005
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
To:
January 4, 2005
Land Useffransportation Committee
David M6s::~!~~~~anager
Kathy McClung, Director of Community Development Services
Margaret H. Clark, AICP, Senior Planner I~
~\L/
VIA:
FROM:
SUBJECT:
2005 Planning Commission and Long Range Planning Work Program
MEETING DATE: January 10, 2005
A.
REQUESTED ACTION
Request that the Land Use Transportation Committee prioritize the 2005 Planning Commission Work
Program and forward a recommendation of approval to the City Council.
B.
BACKGROUND
At the beginning of each calendar year, the Planning Commission's work program for that year is
approved by the City Council. The purpose of this memorandum is to assist the LUTC and City
Council in approving a work program. We have, therefore, provided you with the status of those
items approved as part of previous years' work programs that are still in process and would carry over
into the 2005 Planning Commission Work Program. In addition, we would like to make you aware of
those amendments required to be completed based on state law requirements. Lastly, we are asking
you to prioritize new potential 2005 work program items. For background purposes only, we are also
including a list of the reporting and monitoring that City staff completes for King County and the
state on an annual basis.
c.
INPUT FROM PLANNING COMMISSION
Staff presented the potential work program to the Planning Commission and requested their input at
their December 15,2004, meeting. The Planning Commission recommended that the following items
be included in the work program:
1. Address standards for parking and storage of recreational vehicles and boats in residential
zones.
During the December 10,2003, Planning Commission public hearing on the oversized vehicle
code amendments, the Planning Commission recommended that no change be made at that time
to the portion of the regulations governing recreational vehicles, trailers, and boats. They stated
that changes would be entertained at a future Planning Commission public hearing that would be
publicized to encourage the attendance and input of owners of such vehicles. This potential code
amendment is included in Table IV for prioritization.
2. Review standards for parking of oversize vehicles on public roads.
During the public process on the oversized vehicle code amendments, there were concerns from
citizens that if oversized commercial vehicles were prohibited from parking on residential lots,
they would be parked on the adjoining public streets. Regulations concerning on-street parking
are located within Federal Way City Code (FWCC) Chapter 15, "Traffic and Vehicles," and are
not under the purview of the Planning Commission; therefore, this potential code amendment is
not included in Table IV.
3. Adopt standards to the City Center in order to discourage one-story commercial buildings.
As part of the 2002 code amendments, the Planning Commission and LUTC studied a similar
code amendment intended to more efficiently use scarce downtown land through multistory
mixed-use, pedestrian-scale development by adopting supplementary development standards for
large-scale retail, office, and entertainment uses in the City-Center Core (CC-C). These code
amendments were not adopted at that time. However, based on input from the public and
direction from the Planning Commission and LUTC, they were to be reintroduced as part of a
bundle of proposals intended to foster redevelopment in the downtown. This code amendment is
included in Table IV for prioritization.
4. Increase height and density in the downtown
Through the Planned Action SEP A process, the City will be considering increasing height limits
for mixed-use development from 85 feet to 145 feet, or possibly 200 feet, for the City Center
Core. This code amendment is included in Table I as a carry-over item, and therefore, is not
included in Table IV for prioritization.
D.
2004 PLANNING COMMISSION WORK PROGRAM - ITEMS TO BE CARRIED OVER INTO 2005
Table I shows amendments that were started in prior years, but that are not yet completed.
TABLE I
Description Status Required by State Law
2004 Comprehensive Plan Update. The City The draft Housing Chapter has been RCW 36.70A.470 requires
has received one new site-specific request for completed, The site-specific request that cities consider
a change in comprehensive plan designation will be presented to the City amendments to their
and zoning. Staff will also be amending Council for the Selection Process in comprehensive plan ffom
Chapter 5, "Housing," to incorporate Census February 2005.1 interested parties on at least an
2000 data and other demographic changes. annual basis.
I All requests for site-specific comprehensive plan amendments and changes to the development regulations are subject to the
Selection Process.
2
Description Status Required by State Law
2004 Development Regulations Update. The Not started. RCW 36.70A.470 requires
City has received two requests for a change to that cities consider
FWCC Chapter 22, Article XVIII, "Signs." amendments to their
One is to allow day cares to advertise year- development regulations trom
round with banners that they have child care interested parties on at least an
spaces available. The other is to amend the annual basis.
section relating to real estate signs to allow
for directions to open houses. I
Traffic Impact Fee and Concurrency This study is anticipated to be RCW 36.70A.070(6)(b)
Management System completed in the first quarter of requires jurisdictions to adopt
2005. an ordinance for transportation
concurrency.
Amendments relating to development Work is being done as part of the No
regulations for multiple family developments SEP A Planned Action EIS.
in the City Center Core and Frame. These
amendments are intended to encourage the
construction of multiple family mixed use
development by making changes to the
development regulations, such as allowing
increased height and density and revising or
removing the requirement for provision of
public open space.
Amend FWCC Chapter 22, Article XVIII, Draft staff report has been No
"Signs," to provide for commercial prepared.
advertising signs for athletic fields.
Amend FWCC Chapter 22, Article XVIII, Draft code language has been No
"Signs," to include treeway commercial signs prepared.
Amend FWCC Chapter 18, Article III to add A consultant has been hired to No
flexibility in measuring the shoreline prepare the code amendment.
stringline setback.
Research allowable uses in the Neighborhood Research is in process. No
Business Zone to meet changing market
conditions.2
Amend the FWCC to require applicants to Not started. No
hold traffic-related neighborhood meetings,
when necessary, to mitigate traffic impacts.
2 Money to conduct this study was included in the 2003 budget.
3
E.
AMENDMENTS REQUIRED BY STATE LAW
TABLE II
Description Status Required by State Law
2005 Comprehensive Plan Update. Not started. RCW 36.70AA70 requires that cities consider amendments to
The City has received five new their comprehensive plan from interested parties on at least an
site-specific requests for a change annual basis.
in comprehensive plan designation
and zoning.3 ~
Adopt reasonable measures to Not started. Pursuant to RCW 36.70A.215, the Buildable Lands section
ensure that the City has adequate requires the implementation of a review and evaluation program
capacity to accommodate its by King County and its cities, The Buildable Lands evaluation,
targets. which covered the period 1996 through 2000, found that the City
of Federal Way's target of6,188 households for 2001-2022
exceeded its capacity of5,538 by 650. RCW 36.70A.215(1)(b)
requires that jurisdictions identify reasonable measures, other
than adjusting urban growth areas, to increase its capacity in
order to accommodate its targets. Reasonable measures include
adoption of policies, regulations, incentives or other actions as
part of their comprehensive plan and development regulations
update. Potential measures include increasing densities in
appropriate areas of the City, such as along major corridors,
adoption of cottage housing regulations, lot size averaging, and
zero lot line development.
Research compliance with the Not started. Recent Central Puget Sound Growth Management Hearings
GMA of density lower than four Board (CPSGMHB) decisions have adopted a "bright line" rule,
dwelling units per net acre. which requires comprehensive plans and development regulations
within Urban Growth Areas (UGAs) to have densities no less
than four dwellings units per net acre. The board recognized a
limited exception for environmentally sensitive systems that are
large in scope (e.g., watershed or drainage subbasin), where their
structure and functions are complex and their rank order value is
high. As a response to the CPSGMHB decision, the City must
evaluate its low-density zones.
F.
POTENTIAL NEW WORK ITEMS FOR THE 2005 PLANNING COMMISSION WORK PROGRAM
TABLE II
Description Initiated by Required by State Law
Research changes to FWCC Section 20-179, Staff. This issue has No
"Retention of Vegetation," to determine the extent ofa come up as part of recent
site that can be cleared for installation of infrastructure preliminary plats.
and preparation of building lots.
Address standards for parking and storage of Planning Commission No
recreational vehicles and boats in residential zones.
3 All requests for site-specific comprehensive plan amendments and changes to the development regulations are subject to the
Selection Process.
4
Description Initiated by Required by State Law
Adopt standards for the City Center in order to Planning Co!1lIllission No
discourage one-story commercial buildings. As part of and LUTC
the 2002 code amendments, the Planning Commission
and LUTC studied a similar code amendment. These
code amendments were not adopted at that time.
However, based on input from the public and direction
from the Planning Commission and LUTC, they were
to be reintroduced as part of a bundle of proposals
. intended to foster redevelopment in the downtown.
Remove inconsistencies between FWCC Chapter 22, Staff No
Article IV, "Nonconformance," and Article XVI,
"Improvements," pertaining to who is authorized to
conduct an appraisal of property.
Amend FWCC Section 22-1006, "Development Staff No
Activities and Heavy Equipment Operations," to allow
the Director of Community Development Services the
flexibility to determine allowable hours of operation on
a case-by-case basis.
G.
OTHER LONG RANGE PLANNING RESPONSIBILITIES
Table IV shows reporting or monitoring work that is required by King County or the State of
Washington to be done on an annual basis.
TABLE IV
Description Status Required by State Law
ANNUAL REPORTS
Office of Financial This is an annual report provided to the State RCW 43.62.030 requires OFM to
Management Yearly Office of Financial Management (OFM) annually determine the population of
Population Estimate Report all cities and towns of the State of
Washington as of April 151,
King County Benchmark and This is an annual data request made of all cities RCW 36.70A.130 required
Annual Growth Information by King County to fulfill requirements of the Countywide Planning Policies
Report Growth Management Act (GMA) (CWPP's) to be adopted by King
County by July I, 1992. The cpr's
set up the Benchmark Program to
assess progress in meeting the CPP's.
Track and Inventory Under the Buildable Lands Program, six RCW 36,70A.215 requires evaluation
Buildable Lands counties, including King County, must of data collected under the Buildable
annually collect data on land capacity and Lands Program.
development activity from their cities and
unincorporated areas
5
H.
OPTIONS
The LUTC and/or City Council can add additional work items to the 2005 work program. Once all
the items are on the list, the staff can work with the LUTC to prioritize the list, or come back to your
next meeting with a recommendation for prioritization, Once the LUTC has approved a prioritization,
the following motion would be appropriate.
I.
STAFF RECOMMENDATION
"I recommend approval of the Planning Commission Work Program as prioritized by the Land Use
Transportation Committee."
J.
COMMIITEE RECOMMENDATION
Forward LUTC recommendation to the full City Council for approval on
AI'PROV AL OF COM1\! ITTEE REI'ORT:
---------._----
-'--
Jack Dovey, Chair
Michael Park, Member
Eric Faison, Member
1:\2005 Planning Commission Work Program\012405 LUTC Staff Report.dodl/512005 8:44 AM
6