Res 07-493
RESOLUTION NO. ;j 7-"193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASlIINGTON, APPROVING MIRROR ESTATES
PRELIMINARY PLAT, FEDERAL WAY FILE NO. 05-100590-00 SUo
WHEREAS, the owner, New Concept Homes, applied to the City. of Federal Way for preliminary
plat approval to subdivide certain real property lmown as Mirror Estates, and consisting of 9.37 acres into
\ .'
twenty-seven (27) single-family residential lots located on the west side of the 31500 block of 8th Avenue
SW;and
WHEREAS, on October 7, 2006, an Environmental Mitigated Determination of Nonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA), Chapter 43.2lC; RCW, and
WHEREAS, the Federal Way Hearing Examiner on January 30, 2007, hel~ a public hearing
concerning Mirror Estates preliminary plat; and
WHEREAS, following the conclusion of said hearing, on February 9, 2007, the Federal Way
Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of Mirror Estates preliminary plat subject to conditions set forth therein; 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 cond}tions;
and
WHEREAS, on February 26, 2007, the City Council Land Use and Transportation Committee
considered the record and the Hearing Examiner recommendation on Mirror Estates 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 Mirror Estates preliminary
plat to the full City Council, with no changes to the Hearing Examiner recommendation; and
Res.# IJ? - '193 ,Page 1
WHEREAS, on Marc.h 6, 2007, the City Council considered the record and the Hearing Examiner
recommendation on Mirror Estates preliminary plat, pursuant to Chapter 20 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 February 9, 2007 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 Report and Hearing
Examiner's recommendation, 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 schools 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 Hearing
Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, Mirror Estates preliminary plat, Federal Way File No. 05-100591-00 SU, is hereby approved,
subject to conditions as contained in the February 9, 2007, Report and Recommendation of the Federal
Way Hearing Examiner (Exhibit A).
Res. # tJ7 - '-193 ,Page 2
Section 3. Conditions Of Approval Integral. Thecoriditions of approval of the preliminary plat 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 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 passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ~..f4..0A Y
OF~~ ,2007.
CITY OF FEDERAL WAY
~~d~
<>- MAYOR,MIC P~.
Res. # tJ 7 - <173 , Page 3
ATTEST:
f:I1x/~'~
CITY . , LAURA HATHA AY
ApPROVED As TO FORM:
. fpr:u. ~~A;C1~
CITY ATTORNEY , PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERIC
PASSED By THE CITY COUNCIL:
RESOLUTION No.
Res. #
, Page 4
1::/07
'3 J(J1
I . f
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CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
~ Federal Way
I i ~)) I IE ~ iE U Wi lE I r/1 j i
U 11 j FE B 1 2 2007 L /.) j I
I t-j
City Clerks Office
City 01 ~deral Way
February 9, 2007
J3 Civil PLLC
Jerrit Jolma, P.E.
1375 NW Mall Street. Ste. 3
Issaquah, WA 98027
RE: PRELIMINARY PLAT OF MIRROR ESTATES
FWHE#06-12 FW#05-100590-00-SU
Dear Applicant:
Enclosed please find the Report and Recommendation of the City of Federal Way Hearing
Examiner relating to the above-entitled case.
SKC/ca
cc: All parties of record
City of Federal Way
Page - 2
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MA TIER OF: )
)
)
PRELIMINARY PLAT OF MIRROR ESTATES)
)
)
FWHE# 06-12
FW# 05-100590-00-SU
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval pursuant to the Federal Way
City Code (FWCC) Chapter 20, "Subdivisions" (FWCC . Section 20-110, Division 6,
"Preliminary Plat").
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 30, 2007
February 9, 2007
At the hearing the following presented testimony and evidence:
1. Deb Barker, Senior Planner, City of Federal Way
2. Bob Johns, Attorney at Law, 1601 114th SE, #110, Bellevue, WA 98004
3. Linda Brockmann, 31611 _11th Place SW, Federal Way, WA 98023
4. Jerrit Jolma, 1375 SW Mall Street, Issaquah, WA 98027
5. Mark Jacobs, 7731 8th AvenueSE, Bellevue, WA 98006
At the hearing the following exhibits were admitted as part of the official record of these
. proceedings:
1. Staff Report with all attachments (Preliminary Plat)
2. Staff Report with all attachments (Wetland)
3. Power Point Presentation
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III. FINDINGS
1 . The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advis~mel]t.
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. The applicant has a possessory ownership interest in a generally rectangular,
. 9.37 acre parcel of unimproved property abutting the West side of 8th Avenue SW
between SW 312th Street and SW 320th Street in the Mirror Lake area of the City
of Federal Way. The parcel abuts 8th Avenue SW for 194 feet and measures
1,285 feet in depth. A rectangular parcel not included in the plat and located at
the northeast corner is abutted by the plat parcel on the south and west. Beyond
said parcel, the width of the plat parcel expands to 328 feet.
5. The applicant requests preliminary plat approval to allow subdivision of the site
into 27 single family residential lots having a minimum lot size of 7,204 square
feet, a maximum lot size of 11,907 square feet, and an average lot size of 7,934
square feet. The preliminary plat map shows a large wetland/buffer tract (Tract
A) located in the west-central portion of the plat and containing 2.1 acres. Said
tract divides the plat into two sections connected by an eight foot wide,
permeable, pedestrian path extending along the south property line of the plat
parcel. A second tract (Tract B) containing 23,885 square feet will support the
storm drainage detention and water quality facilities. Said tract abuts the
southeast portion of Tract A and the south property line of the plat parcel.
6. The preliminary plat map shows the eastern portion of the plat improved with 15
single family residential lots accessed via a new cul-de-sac road extending east
from 8th Avenue SW and terminating in the central portion of the plat. In addition,
the applicant will construct 8th Place SW which currently terminates at both the
north and south property lines across the plat parcel. Drivers on 8th Place SW will
jog in an east/west direction on the internal cul-de~sac road known as 315th Place
SW while traveling in a north/south direction. All lots in the eastern portion of the
plat will access onto internal plat roads.
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7. The portion of the plat located west of Tract A will consist of 12 single family
residential lots accessed via 11th Place SW which presently terminates at the plat
parcel's north and south property lines. The applicant will construct said road .
through the plat parcel and provide a traffic circle calming device in the center of
the site. Two, 30 foot wide; shared driveway easements will provide access to
four lots abutting the Tract A wetland area.
8. Single family residential homes abut the north, south, and west property lines
and the east side of 8lh Avenue SW opposite the plat parcel. The site and all
abutting parcels are located within the High Density Residential designation of
the Federal Comprehensive Plan and the Single Family Residential (RS-7.2)
zone classification of the Federal Way City Code (FWCC).
9. Section 22-631 FWCC authorizes. single family detached dwelling units as
outright permitted uses in the RS 7.2 zone classification. Said section requires a
minimum lot size of 7,200 square feet and structural setbacks of 20 feet front
yard, five feet side yard, and five feet rear yard. Said section limits the height of
structures to 30 feet above average building elevation and requires two parking
spaces per dwelling unit. Maximum lot coverage cannot exceed 60%. All lot
sizes exceed 7,200 square feet and each lot provides a building envelope
sufficient to accommodate a reasonably sized, single family residential dwelling
which can meet all setbacks. The proposed preliminary plat satisfies all bulk
regulations of the RS 7.2 zone classification.
10. The City of Federal Way Responsible Official issued a Mitigated Determination of
Nonsignificance (MONS) following review of the environmental impacts of the
development pursuant to the State Environmental Policy Act (SEPA). The
Responsible Official identified probable significant adverse environmental
impacts and imposed mitigating measures which would either eliminate said
impacts or reduce them below the "significant" level. No one filed an appeal of
the threshold determination and therefore SEPA review is final and binding upon
the preliminary plat. Mitigating measures imposed address the pedestrian trail,
wetland creation, wetland buffer mitigation, and the creation of supplemental
snags within permanent open space areas. Measures also encourage
informational and educational programs and activities dealing with the protection
of wildlife for future homeowners. A mitigating measure also requires a pro rata
share contribution of $76,347 toward traffic improvement projects identified by
the City.
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11. The 1973 King County Soil Survey Map identifies the site as containing
Alder:wood gravelly sandy loam characteristics to include moderately well
drained soils, slow runoff, and slight erosion hazard. These soils are considered
capable of supporting urban development. Topography rises from the wetland
area near the center of the site to the east and west. However, the site has no
steep slopes or other geologically hazardous areas.
12. According to a tree retention plan (Exhibit "A3") the site is moderately wooded
with a mixture of conifer and broad leaf trees with red alder the dominant
species. The site contains 73 trees which meet the definition of "significant tree",
and development of the plat will require removal of 47 (64%) of such trees.
Twenty-six of such trees (35%) will remain within the wetland and buffer tract.
Section 22-1568 FWCC allows removal of 75% of significant trees without
requiring replacement. Even though the applicant proposes to remove 64% of
significant trees and therefore does not trigger replacement trees, it will plant
trees in the wetland and buffer, along road rights-of-way, and in the storm
drainage facilities. Tree retention and replanting will ensure that plat
development will not affect the appearance. Of the neighborhood..
13. The site is located within both the five and ten year contour areas associated
with critical aquifer recharge and well head protection areas. The applicant
submitted a hazardous material inventory statement dated June 7, 2006, which
shows that the project will not result in regulated activities of hazardous
materials. The storm drainage system will protect the water quality of both
groundwater and surface water resources, and impacts and protections for the
on-site wetlands are addressed in the Process IV application for wetland.
elimination and mitigation.
14. The applicant will design the stormwater drainage system in accordance with the
standards set forth in the 1998 King County Surfacewater Design Manual and
the City's amendments thereto. According to the applicant's Technical
Information Report (TIR), the western three quarters of the site sheet flows
directly into the large wetland located in the west-central portion of the site
(Wetland 8), and the eastern quarter of the site flows into Wetland A located at
the northeast corner of the site which the applicant proposes to fill. Wetland A
presently discharges through an existing, off-site, storm pipe to a detention pond
north of Wetland B and then into Wetland 8. The storm system will collect and
direct stormwater presently flowing into Wetland A to Wetland 8. thus,
maintaining its hydrology. The storm drainage facility proposes a two cell wet
pond/detention pond facility located in the 23,885 square foot Tract 8. The storm
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drainage system will also provide compensatory storage volume for the loss of
Wetland A in the Wetland B creation area.
15. The applicant submitted a wildlife study report prepared by Chad Armour LLC
dated July 31, 2006. The report identified a wetland habitat and hardwood forest
habitat on the site, but noted that wildlife common to the area does not inhabit
the site, but passes through the site to suitable habitat. Wjldlife observed
. includes the pileated woodpecker, a priority species, but no wildlife species
recognized as "priority" inhabit the site. The Washington State Department of
Fish and Wildlife (DFW) Priority Habitat Report and Species Map has no record
of threatened, endangered, or sensitive species of wildlife within 7,500 feet of the
site. DFW also noted that the site does not meet the definition of a fish and
wildlife. habitat conservation area as set forth in Section 18-28 FWCC. However,
2.1 acres (23%) of the site will remain as conservation open space as compared
with the FWCC minimum requirement of 15%. Preservation and expansion of
Wetland B coupled with retention of significant trees throughout the tract will
ensure that the site will continue to provide habitat opportunities. A SEPA
mitigating measures requires the applicant to maintain the wetland and buffer
tract to protect and enhance wildlife habitat to the maximum extent possible to
include the creation of supplemental snags.
16. FWCC Chapter 20 entitled "Subdivisions" requires dedication of land to provide
adequate recreational opportunities or pay a fee in lieu of such dedication. The
City PARCS Department approved the applicant's proposal of a 1,174 foot long
pedestrian trail linking the east and west portions of the plat along with a fee in
lieu of payment for the balance of the open space requirement (1.38 acres). The
trail corridor provides approximately 2.34% of the usable open space
requirement.
17. Primary vehicular access to the eastern portion of the site will consist of an
extension of 8th Place SW, and primary vehicular access to the western portion
of the site will consist of the connection of 11th Place SW across the plat parcel.
To comply with Section 20.151 FWCC which requires a maximum block
perimeter length of 1,320 feet for non-motorized trips and 2,640 feet for streets,
the applicant would need to construct an east/west mot<;>rized connection.
However, due to the presence of the large wetland which extends across the
site, the City has agreed to the pedestrian trail as proposed. The applicant will
construct all streets to City public standards and dedicate said rights-of-way to .
the City. . .
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18. In addition to the pedestrian trail connecting the two portions of the plat, the
applicant will also install sidewalks on both sides of the internal plat roads. The
homeowners association will own and maintain the portion of the pedestrian trail
across Tract A, but the City will own and maintain the portion of the trail which
crosses Tract 8, the stormwater facility.
19. In accordance with FWCC 20-179, development of the preliminary plat must
meet the approved preliminary clearing and grading plans, and vegetation will
remain except that removed for infrastructure improvements or grading. The
initial clearing and grading will affect 52% of the site and will include the filling of
Wetlands A and C/D.
20. The applicant's preliminary landscape plan complies with FWCC Chapter 20 and
includes the landscaping of the storm drainage facility and installation of street
trees along public roads.
21. The Federal Way Schpol District has determined that school children residing in
the plat will attend lake Grove Elementary, lakota Middle School, and Federal
Way High School. All children will receive bus service for all schools and may
walk via existing sidewalks and roadway shoulders to school bus stops. The
applicant must also satisfy the City School Impact Fee Ordinance at building
permit stage.
22. The lakehaven Utility District will provide both domestic water and fire flow to the
site as well as sanitary sewer service.
23. Pri.or to obtaining preliminary plat approval the applicant must show that the
proposal satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on
each criteria are hereby made as follows:
A. The proposed preliminary plat is consistent with the Federal Way
Comprehensive Plan which designates the site as Single Family/High
Density. The project satisfies all development regulations adopted to
implement said designation. .
B. The project complies with all applicable provisions of Chapter 20 FWCC
. including those adopted by reference from the comprehensive plan. Staff
has conditioned the preliminarY plat to comply with the provisions of
Chapter 18 "Environment Policy", Chapter. 19 "Subdivisions", Chapter 20
. "Zoning" and all other applicable codes and regulations.
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C. Assuming compliance with conditions of approval and City ordinances, the
project will further with the public health, safety, and welfare.
D. The project is consistent with the design criteria set forth in FWCC 20-2
including the effective use of land, promotion of safe and convenient
travel on streets, provision for the housing needs of the community,
protection of environmentally sensitive areas, and preservation of
approximately 23% of the site as permanent open space.
E. The project complies with all development standards set forth in Sections
20-151-157 and 20-158-187 FWCC.
24. Concerns raised at the hearing by neighbors included increased water problems
as a result of the development based upon a development in 1990 which filled a
wetland, and safety issues due to increased traffic. Neighbors requested "Stop"
signs at uncontrolled intersections or other methods to slow traffic. Significant
changes in stormwater and critical area requirements have occurred since 1990,
and the proposed storm drainage system will release water downstream at its
present discharge location at the predeveloprilemt rate. The applicant conducted
a downstream analysis for one quarter mile and determined that downstream
facilities are adequate to conduct stormwater discharged from the plat. The
applicant's traffic engineer and the City's traffic engineer both agree that "Stop"
signs would increase speeds in the neighborhood for those roads where drivers
need not stop. The engineers agree that uncontrolled intersections slow traffic.
Both engineers also agree that the road connections will not provide pass
through routes, but will provide alternative access for local residents. Finally, the
City has no record of accidents occurring at any intersections in the area.
However, the City will continue to monitor traffic in the area, and the Public
Works Department can install traffic safety improvements if necessary.
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 proposed preliminary plat is consistent with the Single Family/High Density
designation of the Federal Way Comprehensive Plan and satisfies all bulk
Page - 9
. regulations of the RS 7.2 zone classification.
3. The proposed preliminary plat makes appropriate provision for the public health,
~afety, and g~n~J~l 'tl{elfaLe fQLQP.eo_spaces, .drainage-ways; streets, roads, alleys,
other public ways, transit stops, potable water supplies, sanitary waste, schools and
school grounds, parks and recreation, and safe walking conditions.
4. The proposed preliminary plat will Serve the public use and interest by providing an
attractive infill development which will allow connection of City streets, thereby
improving the grid system for the City, and also providing an enhanced Category III
wetland. Therefore, the proposed preliminary plat should be approved subject to
the following conditions:
1. Prior to the City's approval of engineering plans, the applicant shall submit
a final landscape plan, prepared by a licensed landscape architect,
addressing tree preservation within the plat, all landscaping within plat
boundaries, wetland mitigation planting approved by the Federal Way
Hearing Examiner, restoration of the areas disturbed by installation of the
storm drainage easement and pedestrian trial outside of tract A, visual
screening of the tract 8 storm drainage tract, and street trees for review
and approval by the Directors of Community Development, Public Works,
. and Parks, Recreational, and Cultural Services (PARCS). Prior to
submittal to the City, the landscape plan shall be reviewed and signed by
a qualified wetland biologist and shall reflect all applicable
recommendations contained in the applicant's Wetland Determination and
Mitigation Plan. Pursuant to FWCC Sections 22-1286(d)(2), 22-1243, 22-
1313(3), and 22-1358(e)(1), the City may require the applicant to pay for
the services of a wetland biologist to review plans, provide
recommendations, and conduct in inspections and/or monitoring on behalf
of the City, as determined by the Community Development Director.
2. All on-site fencing associated with plat construction is subject to the City's
final review and approval of design, location, and any screening. Fencing
shall allow for the migration of small wildlife animals, where appropriate.
Any chain link fencing, if approved by the City, shall be vinyl coated black
or green and shall be screened with vegetation.
3. Prior to final plat approval, open rail fencing, appropriate vegetation, and
appropriate signage shall be installed to separate the pedestrian trail and
residential lots from wetland 8 setback.
Page- 10
4. Rockeries and retaining walls associated with plat construction must
reflect residential scale, design, and sensitivity of materials or treatment,
including use of v~g~JatiQn andLoL tenaciog,_wber.e_they-arevisible "from
adjacent residences or usable open space.
5. The final plat drawing shall dedicate all usable open space in an open
space tract 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. Additional vegetation may be located in open space tracts to meet
conditions as approved by the City. A note shall be included on the final
plat map that the open space tract 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, arid may not be used for financial gain.
RECOMMENDATiON:
It is hereby recommended to the Federal Way City Council that the preliminary plat
of Mirror Estates be approved subject to the conditions contained in the conclusions
above.
DATED THIS 9th DAY OF February, 2007.
K. CAUSSEA
Hearing Examiner
TRANSMITTED THIS 9th DAY OF February, 2007, to the following:
APPLICANT:
J3 Civil PLLC
Jerrit Jolma, P.E.
1375 NW Mall Street, Ste. 3
Issaquah, WA 98027
Page - 1 I
OWNER: New Concept Homes
Christine Balyeat
_________p.O. !3ox l22~__
Issaquah, WA 98027
OTHERS:
Bob Johns
1601114thSE#110
Bellevue, WA 98004
Christine Balyeat
46809 SE 153rd
North Bend, WA 98045
Herbert Mall
P.O. Box 1229
Issaquah, WA 98027
Gary Schulz
7700 S. Lake Ridge Drive.
Seattle, WA 98178
Heather Balyeat
P.O. Box 585
Issaquah, WA 98027
Wendy Easter
31601 81h Place SW
Federal Way,WA 98023
Mark Jacobs
7731 8th Avenue S.
Seattle, WA 98106
Chad Armour
6500 - 1261h Avenue SE
Bellevue, WA 98006
Linda Brockmann
31611 _11th Place SW
Federal Way, WA 98023
City of Federal Way
c/o Laura Hathway
. P.O. Box 9718
Federal Way, WA 98063-9718