Res 07-502
RESOLUTION NO. 07-502
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING LAKEHAVEN
ESTATES PRELIMINARY PLAT, FEDERAL WAY FILE NO. 01-
102053-00 SUo
WHEREAS, the owner(s), Omega Investments (Tom Vasilatos), applied to the City of Federal
Way for preliminary plat approval to subdivide certain real prQperty known as Lakehaven Estates and
consisting of 2.78 acres into thirteen (13) single-family residential lots located at SE comer of 19th
Avenue SW and SW 341st Street (parcel Numbers: 192104-9025 & 242103-9053); and
WHEREAS, on December 27, 2006, an Environmental Determination of Nonsignificance (DNS)
was issued hy the Director of Federal Way's Department of Community Development Services pursuant
to the State Environmental Policy Act (SEPA), Chapter 43.21C; RCW, and
WHEREAS, the Federal Way Hearing Examiner on June 26, 2007, held a public hearing
concerning Lakehaven Estates preliminary plat; and
,
WHEREAS, following the conclusion of said hearing, on July 6, 2007, the Federal Way Hearing
Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of Sterling Woods 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 conditions;
and
WHEREAS, on August 6, 2007, the City Council Land Use and Transportation Committee
considered 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 to forward a recommendation for approval of the proposed Sterling Woods preliminary
. plat to the fun City Council, with no changes to the Hearing Examiner recommendation; and
R~6'i07-502, Page 1
. WHEREAS, on September 4, 2007, the City Council considered the record and the Hearing
Examiner recoJllI1lendation on Sterling Woods preliminary plat, pursuant to Chapter 20 of Federal Way
City Code, Chapter 58.17 RCW, and all other applicable City codes.
Now TIlEREFORE, TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption ofFindimzs of Fact and Conclusions.
1. The fmdings of fact and conclusions of the Land Use Hearing Examiner's July 6, 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 Land Use
Hearing Examiner and findings and conclusions contained therein as adopted .by the City Council
immediately above, Lakehaven Estates preliminary plat, Federal Way File No. 01-102053-SU, is hereby
approved, subject to conditions as contained in the July 6, 2007, Report and Recommendation of the
Federal Way Land Use Hearing Examiner (Exhibit A).
Doc. 1.0.
Reso '07-S0l, Page 2
Section 3. Conditions of Approval Integral. The conditions 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 platti~g 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
recorlunendation 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 TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, THI.JtIL-.DA Y
C'"
OF ~b./ ,2007
CITY OF FEDERAL WAY
A TrEST:
Doc. 1.0. ResoI07-S01, Page 3
APPROVED As To FORM:
f ~{j. ~tu~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE aTi CLERK:
PASSED By THE CITY COUNCIL:
RESOLUTION No.
08/28/07
09/04/07
07-502
Doc. J.D.
ResoI07-502, Page 4
A Federal Way
Page - 1
CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
~[E (C [E 0 \VJ!E~
JUL 11 2007 lJj)
9ity Clerk's 01tlce
CltV' of Federai Wa'l
July 6, 2007
'..'vr'r'">""'" A,.
,~"li~~~l, ~
Omega Investments
Attn: Tom S. Vasilatos
16622 1781tl Avenue NE
Woodinville. Washington 98072
RE: LAKE HAVEN ESTATES PRELIMINARY PLAT
FW# 01-102053-00-SU
Related File # 01-10255-00-SE
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 ~
STEPH N K. CAUSSEAUX. JR.
HEARING EXAMINER
SKC/bao
CC: All parties of record
City of Federal Way
Page - 2
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
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)
)
)
)
)
FW# 01-102053-00-SU
Related File # 01-10255-00-SE
LAKE HAVEN ESTATES
PRELIMINARY PLAT
I. SUMMARY OF APPLICATION
The applicant requests preliminary plat approval to allow subdivision of a two lots (2.78
acres) into 13 single-family residential lots. The project includes storm drainage facilities
and utility improvements, as well as construction of a private access tract which will be
accessed from SW 340th Street. The applicant is choosing to make a payment to in lieu of
providing open space. The site is vacant and partially wooded. 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:
June 26, 2007
July 6, 2007
At the hearing the following presented testimony and evidence:
1. Andy Bergsagel, Associate Planner, City of Federal Way
2. Ann Dower, Public Works, City of Federal Way
3. Paul Cyr, Applicant Agent, 18215 72nd Ave S, Kent, Washington 98032
4. Pat Taitano. 18215 72nd Ave S, Kent, Washington 98032
5. Tom Vasilatos. Applicant, 16622 178th Avenue NE, Woodinville, Washington
98072
6. Lawrence Fortman, PO Box 24510, Federal Way. Washington 98093-1510
7. Jo-Ellen Nelson, PO Box 3229, Federal Way, Washington 98063
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
Page - 3
1. Staff Report with all attachments
2. Slide Show
3. Letter of Water Availability Received June 18, 2007
4. Sewer Availability
5. Revised 3451h Street Plans
6. Issues for the Record (Verbage for Conclusions Change)
III. FINDINGS
1. The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
2. The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" with
attachments and hereby incorporated in its entirety by this reference.
3. All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4. The applicant has a possessory ownership interest in an irregularly shaped,
unimproved, 2.77 acre parcel of property located at the southeast corner of the
intersection of 19th Avenue SW and SW 340to Street within the City of Federal Way.
The parcel abuts the south side ot SW 340lh Street and the east side of the
unopened 19th Avenue SW right-at-way. 19th Avenue SW provides access to SW
3361h Street to the north. SW 341s1 Street, a private road, extends east trom 21s1
Avenue SW to the unopened 19th Avenue SW right-ot-way. The applicant will
extend SW 341 sl Street across the southern property line of proposed lots 11-13 to
provide access thereto.
5. The preliminary plat map shows that nine lots will access onto SW 3401h Street,
either directly or by Tract C, a private access road that could serve as many as four
lots. The southern three lots will access onto SW 341 sl Street, and proposed Lot 9
will access onto 19th Avenue SW. Tract A, located in the northwest corner of the
site, will serve as an on-site storm drainage tacility which the applicant will dedicate
to the City. The plat map shows a strip of property along the west property line with
a maximum width at 20 feet dedicated to the City for the 19th Avenue SW right-ot-
way. The applicant will dedicate the 341st Street improvements along the south
property line to the City as well.
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6. The preliminary plat map shows a minimum lot area of 7,272 square feet, a
minimum lot width of 53 feet, anda density of 4.7 dwelling units per acre. Abutting
uses include the Saghalie Junior High School across SW 340th Street to the north..
the Saghalie Firs preliminary plat across 19th Avenue SW to the west, and larger
lots, either vacant or improved with single-family homes to the east and south. The
Fred Meyer shopping center is located at the northwest corner of the 19th Avenue
SW/SW 340th Street intersection.
7. The parcel and abutting parcels in all directions are located within the Single-Family
High-Density designation of the Federal Way Comprehensive Plan and the Single-
Family Residential (RS-7.2) zone classification of the Federal Way City Code
(FWCC). Section 22-631 FWCC authorizes single-family detached dwellings as
outright permitted uses in the RS-7.2 c1assification.subject to a minimum lot size of
7,200 square feet and a maximum lot coverage of 60%. The RS-7.2 classification
requires setbacks of 20-foot front yard, 5-foot side yard, and 5-foot rear yard. All
lots meet the minimum lot size standards, and the rectangular shapes will provide a
reasonable sized building envelope that can meet all required setbacks. The
preliminary plat provides no open space, and the plat parcel has no critical areas to
include wetlands or geotechnically hazardous areas and is likewise not impacted by
critical area buffers.
8. The topography of the parcel slopes upward to the east from 19th Avenue SW, and
the eastern portion is flat. The eastern portion of the site is wooded, and vegetation
in the western portion consists of scattered trees and brush. A significant stand of
trees is located along the east side of Lot 11, adjacent to a parcel improved with a
single-family dwelling. Conditions of approval address protection of said trees.
9. Chapter 20 FWCC sets forth the City subdivision code and Articles III and IV set
forth the design criteria and required improvements for subdivisions. Findings set
forth hereinafter address all applicable criteria set forth in the subdivision code.
10. Section 20-151 FWCC entitled "Subdivision Design" requires that subdivisions
provide for the distribution of traffic in a logical manner toward a collector street
system to avoid overburdening of residential streets. The plat will distribute traffic
onto SW 340th Street that will then travel north on 19th Avenue SW to SW 33eth
Street or west on SW 341st Street to 21st Avenue SW. 19'hAvenue SW is essentially
a commercial street serving Fred Meyer, other shopping areas to the north, and the
Saghalie Middle School. The plat map also shows intersections at 900 angles, no
cul-de-sac longer than 600 feet, no block perimeters due to the odd shape of the
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parcel. no road construction on steep slopes, and adequate entering and stopping
sight distance.
11. Section 20-152 FWCC entitled "Lot Design" requires that all lots provide a
rectangular shaped building area which meets required setbacks. Said section also
requires the plat map to must show that emergency apparatus can access all lots,
that all lots take advantage of topographic and natural features, and that all lots abut
a public street right-of-way. but have no access onto arterial streets. In the present
plat. each lot provides a rectangular shaped. reasonably sized building envelope,
and the City Fire Marshall's Office has reviewed the plat design and determined that
each lot will have emergency vehide access~ The site does not pose significant
topographic or natural feature concerns. and all lots will abut either a public street
or a private access tract approved by the City. No abutting road meets the definition
of an arterial. Prior to final plat approval, 19th Avenue SW must be extended to SW
34151 Street, and a road development agreement guarantees completion of said
road (Exhibit 18).
12. Section 20-155 FWCC requires all residential subdivisions to provide open space in
the amount equal to 15% of the gross land area of the parcel. However, the City
Parks Director may accept a fee in lieu of payment following consideration of the
City's overall park plan, and the quality, location, and service area of the open
space that the project would provide. The preliminary plat map shows no open
space, but the Parks Director has approved and prefers the fee in lieu of open
space. The amount of the fee will equal 15% of the most recent assessed value of
the property at the time of final plat approval.
13. Roads and sidewalks constructed as part of the street improvements will provide
pedestrian and bicycle access. The applicant will make all street impJovements
shown on the preliminary plat map as described above in accordance with Section
21-176 FWCC. The project sptisfies lot size and density requirements as set forth
in Section 20-177 FWCC and will provide landscaping in accordance with Section
20-179 FWCC.
14. Section 20-179 FWCC requires the retention of all natural vegetation on site except
that removed for improvements or grading. Said section also requires retention of
existing mature vegetation to the maximum extent possible to include preservation
of significant trees. The City reviews significant tree preservation pursuant to
Section 22-1568 FWCC upon building permit application for each lot. The FWCC
does not support mass clearing and grading of a proposed plat, and the applicant
does not propose such during development of the present plat. Therefore,
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significant trees will remain on each lot until application for a building permit. The
Nelson family expressed concerns regarding protection of significant trees growing
along the. common border of their property with proposed Lot 11. Staff
recommended a condition that requires the applicant to clearly show the
approximate location of all trees on the Nelson property that may have roots
extending over the property line. The condition also requires that a certified arborist
determine whether tree protection measures employed by the applicant can keep
the Nelson's trees safe. Staff desired implementation of the condition at the final
plat stage. The applicant asserted that because it will not mass grade the site, the
evaluation should occur at the time of building permit application for Lot 11. Staff
agreed at the hearing to the applicant's proposed timing of said condition.
15. Section 20-180 FWCC sets forth the criteria for streets and rights-of-way and
requires that all streets within an approved subdivision be within a dedicated public
right-of-way. The project will have no internal roads with the exception of Tract C
that will remain a private access serving a maximum of four lots. Existing abutting
roads are city streets and the applicant will dedicate newly constructed/roads to the
City. Conditions of approval and the FWCC require the applicant to construct
abutting roads to City standards. 19th Avenue SW will consist of a Type S street
and will have a pavement width of 36 feet within a 60-foot right-of-way, curb, gutter,
4-foot wide planter strip with trees, 5-foot sidewalk, and streetlights. Tract C Will
meet the cross-section Y requirements of a 38-foot width with a sidewalk along one
side. The applicant,does not desire to reduce the width as it will likely utilize Tract C
for access to either three or four lots. The applicant will construct 34151 Place with
half-street improvements consisting of a pavement width ot 20 feet within a 32-foot-
wide right-ot-way. Because the applicant could not secure an easement from the
property owner to the south, it will apply for a deviation to allow removal of the 4-foot
wide vegetative strip separating the sidewalk from the curb. At such time as full
street improvements are made, the applicant will reinstall the vegetative strip, and
move the curb 4 feet from the sidewalk. The City Public Works Department must
agree to the deviation. If it does not, the applicant must dedicate four additional feet
of right-ot-way from the south property line of Lots 11, 12. and 13 to provide the full
half-street improvements. The City Environmental Official in its SEPA review
determined that plat traffic would not adversely impact existing roads and
intersections and therefore neither required the preparation of a traffic impact
analysis nor imposed off-site traffic mitigation.
16. The Lakehaven Utility District will provide both potable water and fire flow to the site
and will likewise provide sanitary sewer service to each lot in compliance with
Sections 20-181 and 182 FWCC.
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17. The storm drainage facilities will meet City standards that include the 1998 King
County Surface WaterDesign Manual. The applicant has submitted a Preliminary
Technical Information Report that Public Works staff have reviewed and determined
that it complies with all City requirements. The applicant proposes to direct most
storm drainage from the site to the Tract A storm drainage facility for treatment
before release to the City system.
18. The applicant has submitted a landscape plan that addresses significant trees in
accordance with Section 22-1568 (b) FWGC. The plan identifies 20 significant trees
on the site, and the applicant proposes to retain one such tree and plant four
replacement trees on Lots 1,2, 9, and 10 (1 each).
19. In accordance with Section 20-187 FWCC, the applicant must comply with the City
School Impact Fee Ordinance and make a per lot payment to the Federal Way
School District to offset the impacts on the district of school-aged children residing
in the plat.
20. Prior to gaining preliminary plat approval, the applicant must show that the request
satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria
are hereby made as follows:
a. The project is consistent with the Federal Way Comprehensive Plan
which designates the property as Single-Family High Density.
b. The project complies with all applicable provisions of Chapter 20
FWCC, including those adopted by reference from the
Comprehensive Plan. The plat must comply with all provisions of
FWCC Chapter 18 entitled "Environmental Policy", Chapter 20 entitled
"Subdivisions", Chapter 22, entitled "Zoning", as well as all other
applicable codes and regulations. Conditions of approval assure
compliance with all criteria within the FWCC.
c. The project is consistent with the public health, safety, and welfare
assuming compliance with conditions of approval.
d. The project is consistent with the design criteria listed in Section 20-2
FWCC.
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e. The project satisfies all development standards set forth in Sections
20-151-157, and 20-178-187 FWCC subject to compliance with
conditions of approval.
21. Residents raised concerns regarding access to their lots upon construction of street
improvements to SW 341s1 Street, as development of Saghalie Firs has interfered
with access. The City, during the construction phase, will assure that abutting
residents do not lose access to their homes. Violations by another applicant in
another plat cannot justify either plat denial or conditioning plat development
beyond the requirements of adopted City Codes.
22. Residents also raised concerns regarding an off-site wetland draining across their
parcels. Concerns include the interference with said flow by plat construction. The
applicant confirmed that it would not block any such flows and would accommodate
the flows within its drainage system.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1. The Hearing Examiner has jurisdiction to consider and make recommendations on
the issues presented by this request.
2. The applicant has shown that the request for preliminary plat approval is consistent
with the Single-Family High-Density designation of the City of Federal Way
Comprehensive Plan and meets all bulk regulations of the RS-7.2 zone
classification of the FWCC.
3. The proposed preliminary plat makes appropriate provision for the public ~ealth,
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 loc~tion for a single-family residential subdivision convenient to schools
and shopping opportunities as well as a park-and-ride, and therefore should be
approved subject to the following conditions:
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1. 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% of
the most recent assessed value of the property at the time of final
plat.
2. Prior to the issuance of any clearing and grading permits,. the
applicant shall submit a current King County Certificate of Water
Availability, since the certificate in the file has expired.
3. Prior to issuance of any clearing and grading permits, the applicant
shall submit a current King County Certificate of Sewer Availability,
since the certificate in the file has expired.
4. Prior to any site development of Lot 11, the applicant must submit a
revised Sheet L2 that clearly shows the approximate location of all of
the trees on the Nelson Property, for those trees with roots that might
extend over the property line onto Lakehaven Estates; at that time the
applicant shall also submit a letter from a certified arborist stating
whether tree protection measures on the Lakehaven Estates site are
necessary to keep the Nelsons' trees safe. If the arborist's letter
indicates that tree protection measures are in order, those tree
protection measures shall be shown on the revised Sheet L2, to be
turned in' at the time of the application for a clearing and grading
permit.
5. Prior to the issuance of building permits for lots 1, 2, 9, or 10, a
significant tree replacement shall be placed on each of those lots.
6. Prior to approval and recording of the Final Plat, 19th Avenue SW
(from SW 340th Street to SW 341 sl Street) adjacent to the plat must be
constructed and accepted by the Public Works Department.
RECOMMENDA liON:
It is hereby recommended to the Federal Way City Council that the Lakehaven Estates
preliminary plat be approved subject to the conditions contained in the conclusions above.
DATED THIS 6th DAY OF July 2007.
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TRANSMITTEI;) THIS 6'h DAY OF July 2007, to the following:
APPLICANT/OWNER:
Omega Investments
Attn: Tom S. Vasilatos
16622 178th Avenue NE
Woodinville, Washington 98072
AGENT:
Barghausen Consulting Engineers
Attn: Mr. Paul Cyr
18215 72nd Avenue South
Kent, Washington 98032
OTHERS:
Lawrence Fortman
PO Box 24510
Federal Way, Washington 98093-1510
Rob Rueber
KC Investments
6220 29\h Street NE
Tacoma, Washington 98422
Pat Taitano
18215 72nd Avenue S
Kent, Washington 98032
City of Federal Way
c/o laura Hathaway
33325 8\h Avenue South
Federal Way, WA 98063-9718
Page - J J
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt ofthe 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 establjshed 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 change 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.