Res 05-448
RESOLUTION NO. 05-448
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE NOYES PRELIMINARY PLAT, FEDERAL
WAY FILE NO. 03-104054-00-SU.
WHEREAS, owner Paul Noyes applied to the City of Federal Way f(¡r preliminary plat approval to
subdivide certain real property known as Noyes Preliminary Plat and consisting of 4.74 acres into eight
(8) single-family residential lots at 31327 1 OthPlace SW; and
WHEREAS, on March 9, 2005, an Environmental Determination of Nonsignt/icance (DNS) was
issued by the Director of Federal Way's Department of Community Development Services pursuant to the
State Environmental Policy Act (SEPA), RCW 43.2IC; and
WHEREAS, the Federal Way Land Use Hearing Examiner on May 10,2005, held a public hearing
concerning the Noyes Preliminary Plat; and
Whereas, following the conclusion of said hearing, on May 24,2005, the Federal Way Land Use
Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of the Noyes Preliminary Plat subject to conditions set forth therein; and
WIII::REAS, 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
WHI':REAS, on June 6, 2005, the City Council Land Use/Transportation Committee considered the
record and the Hearing Examiner recommendation on the Noyes Preliminary Plat, pursuant to Chapter 20
of .Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward
a recommendation for approval of the proposed Noyes Preliminary Plat to the tiJll City Council, with no
changes to the Hearing Examiner recommendation; and
ORt GINAL
Res. if 05-44S, Page I
WHEREAS, on June 21, 2005, the City Couneil considered the record and the Hearing Examiner
recommendation on the Noyes Preliminary Plat, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 RCW, and all other applieable City codes.
Now THl':REFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIlINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1.
The findings of fact and conclusions of the Land Use Hearing Examiner's May 24,2005
Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby
adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a
conclusion, and any conclusion deemed to be a finding, shall be treated as such.
2.
Based On, inter alia, the analysis and conclusions in the Staff Rep0l1 and Hearing
Examiner's recomn'lendation, and conditions of approval as established therein, the proposed subdivision
makes appropriate provisions for the public health, safety, and general welfare, and fÒr 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 sehools 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 granted
herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the Noyes Preliminary Plat, Federal Way File No. 03-104054-00-SU, is hereby
approved, subject to conditions as contained in the May 24, 2005, Report and Recommendation of the
Federal Way Land Use Hearing Examiner (Exhibit A).
Section 3. Conditions of Approval Integral. The conditions of approval ofthe preliminary plat are
all integral to each other with respect to the City Council finding that the public use and interest will be
Res. # 05-448, Page 2
served by the platting or subdivision of the subject property. Should any court having jurisdietion over the
subject matter declare any of the conditions invalid, then, in said event, the 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.
Seetion 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.
Seetion 5. Ratifieation. 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 passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ~ DAY
OF
June
,2005.
FEDERAL WAY
)¡ (C!L~
CITY CLERK, N. CHRISTINE GREEN, CMC
Res. # _._Q?_:.~~~, Page 3
ApPROVED As To FORM:
~ ~~-I~
CITY ATTORNEY, PATRICIAA. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED By THE CITY COUNCIL:
6/9/2005
6/22/2005
05-448
RESOLUTION No.
Res. # ~2=44J,L_, Page 4
Page - 1
May 24,2005
Paul Noyes
31327 10th Place SW
Federal Way, WA 98003
RE:
NOYES PRELIMINARY PLAT
FWHE#O5~O7 FW#03-104054"()O~SU
Dear Applicant:
Enclosed please find the Report and Decision Qf the City of Federal Way, Hearing
Examiner relating' to the above-entitled case;- .- - --
Very truly yours,
MARK E. HURDELBRINK
DEPUTY HEARING EXAMINER
MEH/ca
cc:
All parties of record
City of Federal Way
EXHIBIT. A
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CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MA ITER OF:
)
)
)
)
)
)
FWHE# 05-07
FW# 03-104054-00-SU
NOYES PRELIMINARY PLAT
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval ofan eight-lot single-family. .
residential subdivision as provided for under Federal Way City Code (FWGC) Chapter
20, Subdivisions; and requiring approval pursuant to FWCC Chapter 20, Division 6.
. II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
May 10, 2005
May 24,2005
At the hearing the following presented testimony and evidence:
1.
2.
Deb Barker, Associate Planner, City of Federal Way
Hans Korve, 726 Auburn Way N., Auburn, WA 98002
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
Staff Report with all attachments
Hard Copy of Power Point Presentation
Letter from Paul Noyes, applicant, dated 3/19/05
Letter from Nigel Tugby (undated)
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site and taken this matter under advisement.
EXHIBIT Â
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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
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.
An environmental Determination of Nonsignificance (DNS) was issued for the
proposed action on March 9, 2005. In accordance with the State Environmental
Policy Act (SEPA) and Federal Way City Code (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 decision. In addition, the site was posted and notice placed in the
newspaper and on the City's official notice boards. No comments were received
anQ no changes or corrections were received to the City's initial determination,
No appfjals were filed. .
5.
The applicant requests preliminary plat approval to subdivide a 4.74 acre parcel
into eight residential single family lots. The minimum lot size will be 7,200 square
feet. There is an already existing single family residence located on site which
will be maintained on a 23,411 square foot lot. The remaining lots will be smaJJer
in size. The site also contains one drainage tract (Tract C), one conservation and
buffer open space tract (Tract A), and one usable open space tract (Tract B).
The property is located at 31327-10th Place SW adjacent to S. 31ihStreet.
6.
The Federal Way Comprehensive Plan designates this to be within the SF-High
Density zone classification. The specific zoning is RS-7.2. The minimum lot size
within this zone is 7,200 square feet. This proposal satisfies the goals of the
Federal Way Comprehensive Plan because thè single family development is
located in close proximity to neighborhood business centers. Locating the
development where existing urban infrastructure and services exist will help
preserve and protect Federal Way single family neighborhoods. This is the type
of development that was contemplated in this zone when the comprehensive
plan was adopted.
7.
An access road will be constructed. All lots will access onto the this road. The
road will connect 10th Place SW and 11 th Place SW. Sidewalks and street trees
are also proposed. The internal plat sidewalks will connect with already existing
sidewalks along 10th Place SW and 11 th Place SW. It appears that two trees will
have.to be removed to accommodate extension of the road. There obviously will
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be increased traffic associated with development. Conditions of approval require
that there will be a traffic safety meeting between the applicant and the
neighborhood residents. The applicant's traffic engineer will need to provide
preliminary plans to institute any traffic calming measures.
8.
Lakehaven Utility District will provide sewer and water to the site. The applicant
will be required to construct a storm drainage facility that complies with the 1998
King County Surfacewater Design Manual. This will ensure that there will be no
additional stormwater problems created by this development.
9.
As noted above, there is a proposed Tract A, which encompasses a large
wetland and wetland buffer, located on site. Approximately 41 % of the site will be
established in open space.
10.
Prior to recommending preliminary plat approval, FWCC Section 20-126(c)
specifies certain criteria that must be satisfied. Findings on each criteria are
hereby made as follows:
1.
The project is consistent with the comprehensive plan.
As discussed above, this is the exact type of development that was
contemplated when the Federal Way Comprehensive Plan was adopted.
The minimum lot sizes are 7,200 square feet which satisfies the RS-7.2
zone requirements. The plat will also provide a road connection that will
help with connectivity of the road system.
2.
The project is consistent with. all applicable provisions of the chapter,
including those adopted by reference from the comprehensive plan.
Conditions of approval require that appropriate measures are taken to
make sure all regulations and codes are satisfied.
3.
The project is consistent with the public health, safety, and welfare.
. Again, this is the type of development that was contemplated when the
code was adopted. The wetland and associated wetland buffer will be
protected. The proposed road will slightly intrude into the wetland, but this
has been analyzed and will not create any problems.
4.
This proposal is consistent with the design criteria listed in Section 20-2
FWGG.
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This development will provide connectivity of the roads. It will also provide
for the housing needs of the community.
5.
This proposal is consistent with the development standards listed in
Sections 20-151 through 20-157 and 20-158 through 20-187.
The applicant is required to satisfy all development standards stated in the
above sections.
10.
The applicant is also required to submit a landscape plan that will depict all open
space plantings, detention tract screening, street trees, and tree conservation
techniques. This will ensure that visual and aesthetic effects of the development
will be minimized.
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 shown that the preliminary plat is consistent with the goals and
policies ofthe Federal Way Comprehensive Plan, and that it satisfies the decisional
cñteria in FWCC Section 20-126( c). Therefore, the preliminary plat is recommended
for approval subject to the following conditions:
1.
Final plat approval shall require full compliance with drainage provisions
set forth in the FWCC. Compliance may result in reducing the number
and/or location of lots as shown on the preliminary approved plat.
A.
Drainage plans and analysis shall comply with the 1998 KCSWDM
and amendments adopted by the City of Federal Way. City of
Federal Way approval of the drainage and roadway plans is
required prior to any construction.
B.
The runoff control facilities within the Noyes Plat shall be located
within a separate tract (Tract C) that is landscaped to screen the
facility from the right..of-way and adjacent residential uses and to
allow for appropriate maintenance of the facility, and shall be
dedicated to the City of Federal Way. Tracts A and 8 shall be
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owned, landscaped, and maintained by the homeowners
association. The homeowners association shall also maintain
screening vegetation in Tract C. A landscape plan for Tracts At B,
and C shall be submitted to the City for review and approval as part
of the plan.
C.
Prior to approval of engineering plans, the applicant shall
demonstrate to the satisfaction of the site City that the proposed
development shall not impact wetland hydrology.
2.
The final plat drawing shall dedicate Tract A and B open space tracts to
be owned in common and maintained by property owners of the proposed
subdivision, and shall prohibit removal or disturbance of vegetation and
landscaping within the tract, except as necessary for maintenance or
replacement of existing plantings and as approved by the City. No
vegetation is to be removed from Tract A. Additional vegetation may be
located in open space Tract B to meet conditions as approved by the City.
A note shall be included on the final plat map that the open space tracts
shall not be further subdivided, may not be developed with any buildings
or other structures except as may. be approved by the. City for recreational
purposes only for the benefit of the homeowners, and may not be used for
financial gain.
3.
Prior to issuance of construction permits, a final landscape plan prepared
by a licensed landscape architect shall be submitted to the City for
approval, and shall include the following elements:
A.
Open space and/or park landscaping in Tract B;
B.
Street trees in right-of-way landscape planter strips;
C.
Tree preservation plan; and
D.
Visual screening of the Tract C storm drainage facilities from the
adjacent 11 th Place SW and from adjacent residential lots with
landscaping and fencing. Chain link or cyclone fencing, if used,
shall be coated blackor green and shall be screened by
Vegetation.
4.
10th Place SW extending into 11 th Place SW shall be improved through
the project as a minor collector, including 60-foot wide right-of-way and
EXHI~tT. A
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36-foot wide pavement width, curb and gutter, four-foot planter strips, and
five-foot wide sidewalks on both sides of the roadway, streetlights, and
street trees.
5. The design for retaining walls and rockeries, if used on the subject site,
shall be harmonious with existing adjoining residential uses, and shall
promote residential design themes through such means as terracing,
orientation, natural material selection, use of vegetation, and textural
treatment.
6. To minimize the potential or inadvertent wetland setback area intrusions by
human activity, pedestrian related activity within the adjacent open space
Tract B should be restricted from the wetland setback area with rail fencing
and signage. Prior to issuance of construction permits, rail fencing
approved by the City shall be depicted around the wetlands buffer subject
to pedestrian activity and appropriate signage and locations identified. The
fencing and signage shall be installed prior to final plat approval and shall
be maintained by the homeowners association~
. 7.. Prior to final plat approval; the applicant shall dedicate twelve feet of land
for future right-ot-way, adjacenttoSW312~iStreet.
8.
Prior to issuance of construction permits, the applicant shall analyze future
traffic volumes, provide plans for any necessary traffic calming devices and
conduct a neighborhood traffic safety meeting to present the findings.
Traffic calming measures proposed by applicant's Traffic Engineer and
approved by the impacted neighborhoods shall be submitted for review
and approval to the City Public Works Department prior to issuance of
construction permits.
9. Prior to final plat approval, the applicant shall install approved traffic
calming measures and any segmented phased steps.
RECOMMENDATION:
It is hereby recommended to the City of Federal Way City Council that the preliminary plat
EXHIBIT A
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of Noyes be approved subject to the conditions contained in the conclusions above.
DATED THIS 24th DAY OF May, 2005.
MARK E. HURDELBRINK
Deputy Hearing Examiner
TRANSMITTED THIS 24th DAY OF May, 2005, to the following:
APPLICANT: Paul Noyes .
31327 10th Place SW
Federal Way,WA 98003
ENGINEER:
DMP Engineers, Inc.
Mel Daily'
726 Auburn Way North
, Auburn; WA 98002
OWNER:
Paul Noyes
31327 10th Place SW
Federal Way, WA 98003
OTHERS:
Hans Korve
726 Auburn Way North
Auburn, W A 98002
Luke & Ivone Langford
31200 10th Place SW
Federal Way, WA 98023
Laura L. Lansciardi-Codde
29928 21st Avenue South
Federal Way, WA 98003
EXHIBIT Ie
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Sandra K. lansciardi
31212 - 10th Place SW
Federal Way, WA 98023
J.R Hershey
1208 SW 312th Street
Federal Way, WA 98023
Helga Stahl
31233 10th Ct. SW
Federal Way, WA 98023
Melvin A. Mattson and Carol J. Mattson
31206 10th Place SW
Federal Way, WA 98023
Barbara and Emil Sabbatini
31245 -10th Court SW
Federal Way, WA 98023
Nigel Tugby
18415-44th Avenue S.
SeaTac, WA 98188
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
EXHIBIT A. .
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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 provkfe 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)
(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.
EXHIBIT A
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