Res 07-495
RESOLUTION NO. 0.7- L{ qS-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING STERLlNG
WOODS PRELlMINARY PLAT, FEDERAL WAY FILE NO. 05-
104193-00 SUo
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WHEREAS, the owner(s), Mukesh "Mike" Makker and Makhan Singh, applied to the Cit~ of Federal
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Way for preliminary plat approval to subdivide certain real property known as Sterling Woods and consisting
of 2.32 acres into ten (10) single-family residential lots located at 36205 6th Avenue SW; and
WHEREAS, on July 22, 2006, an Environmental Detem/ination orNoflsignijicance (DNS)iwas issued
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by the Director of Federal Way's Department of Community Development Services pursuant tp the State
Environmental Policy Act (SEPA), Chapter 43.2IC; RCW, and
WHEREAS, the Federal Way Hearing Examiner on February 12, 2007, held a PUbl,iC hearing
concerning Sterling Woods preliminary plat; and.
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WHEREAS, following the conclusion of said hearing, on March 5, 2007, the Federal Way Hearing
Examiner issued a written Report and Recommendation containing findings and conclulions, and
recommending approval of Sterling Woods preliminary plat subject to conditions set forth thereiL and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to sectiol20-127 of
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the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, on March 12, 2007, the City Council Land Use and Transportation COmmitteeicnnsidered
the record and the Hearing Examiner recommendation on Sterling Woods preliminary plat, pursuant to Chapter
20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted L forward a
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recommendation for approval of the proposed Sterling Woods preliminary plat to the full City CouJcil, with no
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WHEREAS, on March 20, 2007, the City Council consider~d the record and the Hearin~ Examiner
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recommendation 'on Sterling Woods preliminary plat, pursuant to Chapter 20 of Federal Way iCity Code,
changes to the Hearing Examiner recommendation; and
Chapter 58.17 RCW, and all other applicable City codes.
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Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON. DOtS HEREBY
RESOLVE AS FOLLOWS:' I
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I. The findings offact and conclusions of the Land Use Hearing Examiner's March 5, 2007,
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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 findinl deemed
to be a conclusion, and any conclusion ~eemed to be a finding, shall be treated as such. I
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2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's
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recommendation, and conditions of approval as established therein,' the proposed subdivisjon makes
appropriate provisions for the public health, safety, and general welfare, and for s~ch open spacel, drainage
ways, streets or roads, alleys, other public w~ys, transit stops, potable water supplies, sanitary wasJ parks and
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recreation, play grounds, schools and schools grounds, and all other relevant facts as are required b~ City code
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and state law, and provides for sidewalks and other planning features to assure safe walking coJditions for
Section 1. Adoption of Findings of Fact and Conclusions.
students who walk to and from school.
3. The public use and interest will be served by the preliminary plat approval grant~d herein.
Section 2. Application Approval. Based upon the recommendation of the Federal wa1 Land Use
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, Sterling Woods preliminary plat, Federal Way File No. 05-104193-00 SU, is hereby approld, subject
to conditions as contained in the March 5, 2007, Report and Recommendation of the Federal waf Land Use
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Hearing Examiner (Exhibit A). I
Section 3. Conditions of Approvallntegral. The conditions of approval 0 f the preliminaryl plat are all
integral to each other with respect to the City Council finding that the public use and interest will be served by
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the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter
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declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this
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resolution shall be deemed void, and the preliminary plat shall be remanded to the City of F~deral Way
Hearing Examiner to review the impacts of the invalidation of any condition or conditions and Colduct such
additional proceedings as are necessary to assure that the proposed plat makes appropriate provistns for the
public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and apPl:cable
City ordinances, rules, and regulations, and forward such recommendation to the City councillfor further
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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 unconstitutio,nality shall
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not affect the validity or Gonstitutionality 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 Idate 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 COUNCI L OF THE CITY OF FEDERAL WAY, W ASHINGTON, TH[SJ~A Y OF
~tJa/cL -
,2006
CITY OF FEDERAL WAY
ApPROVED AS TO FORM:
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CITY ATIORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED By THE CITY COUNCIL:
RESOLUTION No.
3/ {'q, !o "7
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31 dO/i/l
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07 - c;9S
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CITY HALL
33325 8th Avenue South' PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
'<I"'~ CITYOF . '
~~: Federal Way
SUBMITTED
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MAR 0 6 Z007
CITY OF FEDERAL WAY
BUILDING DEPT.
March 5, 2007
Mukesh K. "Mike" Makker and Makhan Singh
12505 Bel-Red Road, #212
Bellevue, WA 98005
RE: Sterling Woods Preliminary Plat
FW#05-104193-00-SU
Related File No.: 05-104199-00-SE7
Dear Applicant:
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Enclosed please find the Report and Recommendation of the City of Federal Way Hearing
Examiner relating to the above-entitled case.
Very truly yours,
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MARK E. HURDELBRINK
DEPUTY HEARING EXAMINER
MEH/dd
cc: All parties of record
City of Federal Way
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CITY OF FEDERAL WAY
OFFICE OF tHE HEARING, EXAMINER
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FWHE#
FW# 05-104193-00-SU
Related File # 05-1 04199-00-SE
IN THE MATTER OF:
STERLING WOODS PRELIMINARY PLAT
I. SUMMARY OF APPLICATION
The applicant requests preliminary plat approval to allow subdivision of a 4.71-acre
lot into ten single-family residential lots. The project includes storm drainage facilities and
utility improvements, as well as construction of a cul-de-sac road to be known as SW 362nd
Place. The applicant is choosing to make a payment in lieu of providing open space. The
site is partially wooded and partially developed with a single-family house and fields.
Street improvements water, sewer, utilities, storm drainage control improvements, and
other related infrastructure improvements will be installed to serve the plat.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
February 12, 2007
March 2, 2007
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At the hearing the following presented testimony and evidence:
1. Andy Bergsagel, Associate Planner, City of Federal Way
2. Nancy Rodgers, Attorney for the applicant
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. ' Staff Report with all attachments
2. Power Point Presentation
3. February 9, 2007 letter
4. Response to February 9, 2007 letter
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m. FINDINGS
1. The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site and taken this matter under advisement.
2. The Community Development Staff Report sets forth general findings, applicable
policies and pro'{isions in this matter and is hereby marked as Exhibit "1" with
attachments and hereby incorporated in its entirety by this reference.
3. All property owners and occupants within 300 feet of the site were mailed notice
of the complete preliminary plat application. Tre site was also posted and notice
published in the newspaper and on the City's official notice board. No written
comments were received during the comment period.
4. A Determination of Nonsignificance was issued by the City of Federal Way for
the proposed action on July 22,2006. This determination concluded that the
proposal would not result in probable significant adverse impacts on the
environment. No comments or appeals on the SEPA decision were submitted to
the City.
5. The applicant is proposing to develop a 4.71-acre parcel of property into ten
single-family residential lots. The project includes storm drainage facilities and
utility improvements, as well as construction of a cul-de-sac road which will be
accessed from 6th Avenue SW. A portion of the parcel is currently developed
with a single-family home. The remaining portions are unimproved. The site is
generally flat and is partially wooded. The southwest corner of the site is within a
100-foot buffer of a Category II wetland located offsite. No improvements will be
made within the buffer area.
6. The subject property is designated Single Family Medium Density according to
the 2003 Federal Way Comprehensive Plan. The specific zoning is RS-15.0,
which requires a minimum lot size of 15,000 square feet. All of the lots satisfy
the minimum lot size requirements.
7. This proposal is subject to the subdivision design criteria set forth in Federal Way
City Code (FWCC) Sections 20.151 through 20.157. Findings on each of the
applicable criteria are hereby made as follows:
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A. FWCC 20.151 specifies design standards relating to streets and roads.
This plat is going to serve ten residential lots. A public cul-de-sac road,
less than 600-feet, will be accessed off of 6th Avenue SW. A cul-de-sac is
acceptable because there is no way to connect this street with an
adjacent street. The site distance issue has been reviewed by the Public
Works Traffic Division as shown in Exhibit 14. No site distance problems
exist.
8. FWCC 20.152 specifies lot design requirements. There are ample
dimensions, on the 16ts to provide for regularly shaped building areas.
Setback requirements within the RS zones require a front yard setback of
20-feet, a side yard setback of 5-feet and a rear yard set back of 5-feet.
These requirements are satisfied. All lots will abut the proposed cul-de-
sac road. All lots are designed to provide adequate access for emergency
apparatus.
C. FWCC 20.153 outlines density criteria for subdivisions. This subdivision
meets the minimum density because there are no proposed lots less in
size than the minimum required. Therefore, all density and minimum lot
size requirements are satisfied.
D. FWCC 20.155 relates to open space and recreational design
requirements. All residential subdivisions are required to provide 15
percent of the gross land area of the site for open space. A fee-in-lieu
payment may be made to satisfy this open space requirement. This '
applicant has elected to pay a fee rather than dedicate land to open
space. A specific condition of approval ensures that this fee-in-lieu
payment will be properly calculated.
E. FWCC 20.156 relates to pedestrian and bicycle access. There is no
pedestrian access connections from this plat to other plats other than
along 6th Avenue SW. Sidewalks are proposed to be constructed along 6th
Avenue SW. This is a fairly small subdivision and surrounding properties
are privately held; thus requiring pedestrian or bicycle access other than
along the 6th Avenue SW isn't necessary.
8. All proposed subdivisions are also required to make certain improvements as
outlined in FWCC Sections 20.176 through 20.187. Findings on whether the
proposed improvements satisfy the applicable requirements are hereby made as
follows:
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A. FWCC 20-176 outlines street improvements that are required. The
proposed cul-de-sac road will be public as required.
B. FWCC 20-177 mandates that the applicable density requirements be
satisfied. As noted above, they are satisfied.
C. FWCC 20-179 discusses vegetation retention. It is the policy ot the City
of Federal Way to not support mass clearing and grading of proposed
plats. Initially, the applicant requested that this b.e allowed, but revised
drawings indicate that there will be vegetation retained. There are 27
significant trees on site. The applicant is only proposing to remove two (2)
of these trees. The significant trees located on private lots are subject to
other regulations.
D. FWCC 20-180 relates to streets and right-of-ways. All streets are subject
to the specific design criteria. The cul-de-sac road is required to consist
ot 28 feet of payment within a 52 toot right-ot-way. Cul-de-sac dimension
requirements also have to be satisfied. The traffic impacts will be very
limited because of the small number of lots proposed. No traffic impact
analysis is required because fewer than 10 PM peak hour trips will result
~rom the development.
E. FWCC 20-181 specifies that the subdivision shall be served by a water
system designated and constructed to the specification of the Lakehaven
Utility District or the City of Tacoma Public Utilities. The Lakehaven Utility
District is the water purveyor. They have submitted a King County
Certificat~ of Water Availability and found the plans acceptable.
F. FWCC 20-182 relates to sewage disposal. The revised plans do meet the
requirements ot Lakehaven Utility District. A King County Certificate of
Sewer Availability has also been submitted as Exhibit No. 12.
G. FWCC 20-183 specifies the storm drainage requirements. The plans
submitted by the applicant have shown to satisfy requirements of the 1998
, King County Surface Water Design Manual.
H. FWCC 20-186 discusses landscape protection and enhancement. As
noted above, the applicant has modified its proposal so that most of the
significant trees will be retained. A landscape plan has been submitted
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and appears to be acceptable.
I. FWCC 20-187 discusses survey control monuments. These requirements
will have to be satisfied prior to final plat approval.
9. The Hearing Examiner's decisional criteria is outlined in FWCC 20-126 (c).
The Examiner may only recommend approval to the plat to the City Council
if each of these criteria are satisfied. Findings on each of these criteria are
hereby made as follows:
A. The proposed preliminary plat is consistent with the Comprehensive
Plan. This site is located within the RS-15.0 zone, which is a
residential zone requiring a minimum lot size of 15,000 square feet.
This is the type of development that the Comprehensive Plan
contemplated when designating this specific zone.
B. The proposed preliminary plat is consistent with all of the applicable
provisions of the Code, including those adopted by reference from the
Comprehensive Plan. A Determination of Nonsignificance was issued
for this proposal. There will be no significant adverse affects as a
result of this proposal. All other applicable provisions are satisfied.
C. The proposed preliminary plat is consistent with the public health,
safety, and welfare. Appropriate provisions have been made to
ensure that the public health, safety, and welfare are furthered by this
proposal. School impact fees will have to be paid pursuant to city
code. There are also required fees to be paid in lieu of providing
open space. There will be adequate water supplies, along with fire
hydrants placed according to code to ensure that there is adequate
fire protection services on site.
D. The proposed preliminary plat is consistent with the design criteria
listed in FWCC 20-2. As noted above, this plat will promote the
health, safety, and general welfare. It does satisfy the mini,rnum lot
size requirements. Adequate water supplies, sanitary sewer services,
and drainage services will be provided. The cul-de-sac road will
access all of the lots directly. The wetland buffer located on site will
not be disturbed.
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E. As noted above, the development standards that are listed in Section
20-151through 20-157 and 20-178 through 20-187 are satisfied by
this pr~posal.
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 request for preliminary plat approval is consistent
with the Single Family Medium Density designation of the City of Federal Way
Comprehensive Plan and meets all bulk requirements of the RS-15.0 zone
classification of the FWCC.
3, The proposed preliminary plat makes appropriate provisions for the public health,
safety, and general welfare for open spaces, drainage ways, streets, roads, alleys,
other public ways, transit stops, potable water supplies, sanitary waste, fire
protection, parks and recreation, playgrounds, schools and school grounds, and
safe walking conditions.
4. The proposed preliminary plat will serve the public use and interest by providing an
attractive location for a single family residential subdivision and therefore should be
approved.
5. Prior to approval of the final plat, the applicant must submit to the City of Federal
Way the fee-in-lieu of open space, calculated on 15 percent of the accessed value
of the property based on an assessment that is no more than one (1) year old at the
time of final plat submittal. In the absence of an assessment that is no more than
one (1) year old at the time of the final plat submittal, the market value shall be
based on an appraisal to be conducted by a MAl certified appraiser or another
professional appraisal approved by the parks district.
RECOMMENDA TION:
It is hereby recommended to the Federal Way City Council that the request for preliminary
plat approval of Sterling Woods should be granted.
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DATEDTHIS,/ DA~O~
MARK E. HURDELBRINK
Deputy Hearing Examiner
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TRANSMITTED THIS ./ - DAY OF March, 2007, to the following:
APPLICANT/OWNER:
. Mukesh K. "Mike" Makker and Makhan Singh
12505 - Bel-Red Road, #212
Bellevue, WA 98005
AGENT:
Cramer NW, Inc. (Aleanna Kondelis)
945 North Central, #104
Kent, WA 98032
OTHERS:
Nancy Rodgers
524 Second Ave., Suite 500
Seattle, WA 98104
Hans A. Korve
726 Auburn Way North
Auburn, WA 98002
City of Federal Way
c/o Laura Hathaway
33325 8th Avenue South
Federal Way, WA 98063-9718,
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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 provide supplementary findings
and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. ' If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the preliminary plat is
necessary, the city council shall adopt its own recommendations and approve or disapprove the
preliminary plat.
As part of the final review, the city council may require or approve a minor modification to the
preliminary plat if:
(a) The chaflge will not have the effect of increasing the residential density of the plat;
(b) The change will not result in the relocation of any access point to an exterior street from
the plat;
(c) The change will not result in any loss of open space or buffering provided in the plat;
and
(d) 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.