Res 05-439
RESOLUTION NO.
05-439
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-ØO-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 loth Avenue SW; and
WHEREAS, the developer, Brad Plemmons Enterprises, applied to the City ofF ederal 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 lOth A venue
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
Res. # 05-439
, Page 1
OR! G!NAL
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 authority pursuant to Section 20-127 of
the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, 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 ofthe 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. #
05-439
, Page 2
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 ofthe 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 SO, 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 of the conditions invalid, then, in said event, the
Res. #
05-439
, Page 3
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.
Section 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
January
,2005.
à
a <~:: ~
6ITc - ERI<, N~STINE GREEN, CMC
Res. #
05-439
, Page 4
ApPROVED As To FORM:
'ßç-ðl, ~
CITY ATTORNEY, PATRICIAA. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED By THE CITY COUNCIL:
1/11/2005
1/18/2005
05-439
RESOLUTION No.
Res. #
05-439
, Page 5
DéC 3(' ",
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
)
)
)
)
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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 -11-
attachments and hereby incorporated in its entirety by this reference.
3.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4.
The applicant has a possessory ownership interest in an irregularly shaped, 13.5
acre parcel of unimproved property located southwest of the intersection of SW
Campus Drive and 10th Avenue SWwithin 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
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EX HI B IT ---A-
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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.
8.
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- 7.2 classification 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.
9.
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 City PARCS 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"):
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EXHIBIT --A-
PAGE 3 OF---!L,
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 10th 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 10th/12th 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
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EXHIBIT A
PAGE ~OF --'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
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EXHIBIT A
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14.
15.
16.
17.
or more p.m. peak hour trips, or voluntarily contribute a pro rata share to said
projects.
School aged èhildren 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.
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EXHIBIT A
PAGE-Í-OF JL
18.
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.
19.
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.
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EXHIBIT A
PAGE L.OF -1L
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
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EXHIBIT A
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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 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.
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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.
DATEDTHIS29~DAYOFD e ~
STE HEN 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
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EXHIBIT . A
PAGE -1(LOF .-G--
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
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EXHIBIT A
PAGEjLOF J2,-
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report'and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of the
hearing before the hearing examiner, oral comments received during the public meeting (so
long as those comments do not raise new issues or information not contained in the examiner's
record) and the hearing examiner's written report. These materials shall be reviewed for
compliance with decisional criteria set forth in section 20-126. The city council may receive
new evidence or information not contained in the record of hearing before the hearing
examiner, but only if that evidence or information: (i) relates to the validity of the hearing
examiner's decision at the time it was made and the party offering the new evidence did not
know and was under no duty to discover or could not reasonably have discovered the evidence
until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or
omitted the evidence from the record. If the city council concludes, based on a challenge to the
hearing examiner recommendation or its own review of the recommendation, that the record
compiled by the hearing examiner is incomplete or not adequate to allow the city council to
make a decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary findings
and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the preliminary plat is
necessary, the city council shall adopt its own recommendations and approve or disapprove the
preliminary plat.
As part of the final review, the city council may require or approve a minor modification to the
preliminary plat if:
(d)
The change will not have the effect of increasing the residential density of the plat;
The change will not result in the relocation of any access point to an exterior street from
the plat;
The change will not result 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.
(a)
(b)
(c)
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CITY OF FEDERAL WAY L- " . '---~~----_.J
OFFICE OF THE HEARING EXAMINER ---~--'----'_:~------..",
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IN THE MATTER OF:
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CONCOMITANT AGREEMENT FOR )
PARCEL 5b 1000 Block of SW Campus Drive)
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FWHE# 04-12
Related File # 03-102632-00-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 "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
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1.
2.
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.
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 B
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 B. 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 5B.
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 B 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 B 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,
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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 10th/12th 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
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same manner as a rezone of property.
Article 8 FWCC provides that quasi-judicial rezones require Process V review.
Section 22-476 FWCC provides 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.
1B.
1C.
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 easUwest street connection between the present terminus of SW
340th St. and SW Campus Drive.
10.
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
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1E.
2A.
28.
2C.
20.
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.
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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
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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
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
recommend~tion 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.
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