Loading...
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 I I WHEREAS, the owner(s), Mukesh "Mike" Makker and Makhan Singh, applied to the Cit~ of Federal I 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 ~ . I 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. I I 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 . . I 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 " I recommendation for approval of the proposed Sterling Woods preliminary plat to the full City CouJcil, with no i I I WHEREAS, on March 20, 2007, the City Council consider~d the record and the Hearin~ Examiner I 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. I I I Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON. DOtS HEREBY RESOLVE AS FOLLOWS:' I I I I I. The findings offact and conclusions of the Land Use Hearing Examiner's March 5, 2007, . I I 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 ! I 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's I I 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 i recreation, play grounds, schools and schools grounds, and all other relevant facts as are required b~ City code I 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 I 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 . , I the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter . ' I declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this I 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 I 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 I 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: ~~t1 ~ CITY ATIORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. 3/ {'q, !o "7 I I 31 dO/i/l I I .- 07 - c;9S Page - I 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 . I 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: , . Enclosed please find the Report and Recommendation of the City of Federal Way Hearing Examiner relating to the above-entitled case. Very truly yours, ~~ MARK E. HURDELBRINK DEPUTY HEARING EXAMINER MEH/dd cc: All parties of record City of Federal Way '\ Page - 2 CITY OF FEDERAL WAY OFFICE OF tHE HEARING, EXAMINER ) ) ) ) ) ) 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 , ' 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 J Page - 3 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: , Page - 4 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: Page - 5 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 Page - 6 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. .' Page - 7 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. Page - 8 I~:=;/J.- DATEDTHIS,/ DA~O~ MARK E. HURDELBRINK Deputy Hearing Examiner -.:.J-L 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, .' Page - 9 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.