LUTC PKT 10-01-2007
, ORIGINAL
City of Federal Way
City Council
Land Use/Transportation Committee
October 1, 2007
5 :30 p.m.
City Hall
Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: Septeber 17,2007
3. PUBLIC COMMENT (3 minutes)
4. BUSINESS ITEMS
A. Abby's Lane Preliminary Plat
Action
10 min/Harris
B. Unfit Structures Code Amendment - Ordinance
Action
5 minlBuck
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
Committee Members
Jack Dovey, Chair
Linda Kachmar
Dean McColgan
City Staff
Cary M. Roe, P.E., Assistant City Manager/Emergency Manager
Darlene LeMaster, Administrative Assistant II
253-835-2701
G;\LUTC1LUTC Agendas and Summaries 2007\10-01-07 LUTC Agenda.doc
Land Use and Transportation Committee
Meeting minutes from the September 17, 2007 LUTe meeting will be distributed at the
October 1, 2007 meeting. Sorry for any inconvenience.
COUNCIL MEETING DATE: October 16, 2007
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ABBY'S LANE PRELIMINARY PLAT ApPLICATION, FILE 07-100185-00-SU
POLICY QUESTION: SHALL TIlE PROPOSED lO-LOT ABBY'S LANE PRELIMINARY PLAT APPLICATION BE
APPROVED?
COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE (LUTC)
MEETING DATE: October 1,2007
CATEGORY:
t81 Consent
o City Council Business
o Ordinance
t81
o
o
Public Hearing
Other
STAFF REpORT By: JIM HARRIs, Senior Plann~r
DEPT: Community Development
Attachments: Abby's Lane Hearing Examiner Findi of Fact, Conclusions of Law and Recommendation dated
September 6, 2007; Preliminary plat staff report dated July 26, 2007, with exhibits including reduced scale
preliminary plat map; and draft City Council Resolution for Abby's Lane Preliminary Plat. Refer to the' Abby's
Lane' binder located in City Council office for the full preliminary plat report.
Options Considered:
1. Adopt the Hearing Examiner Findings of Fact, Conclusions of Law and Recommendation and approve the
Abby's Lane Preliminary Plat Resolution.
2. Reject the Hearing Examiner Recommendation.
3. City Council may adopt its own recommendations and approve the Abby's Lane Preliminary Plat Resolution.
4. City Council may adopt its own recommendations and disapprove the Abby's Lane Preliminary Plat
Resolution.
STAFF RECOMMENDATION: Council approval of the Abby's Lane Preliminary Plat resolution, based on the
Findings of Fact, Conclusions of Law and Recommendation of the Federal Way Hearing Examiner (Option #1).
CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: t(Vf
Council Committee Council
COMMITTEE RECOMMENDATION: HI move Option #/ to the Full City Council. for the October /6. 2007, City
Council consent agenda. "
Jack Dovey, Chair
'Eric Faison, Member
Dean McColgan, Member
PROPOSED COUNCIL MOTION: HI move adoption of the Hearing Examiner recommendations and approval of the
Abby's Lane Preliminary Plat Resolution. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
t ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Abby's Lane
Preliminary Plat
PL T07-1 00 I 85-00-SU
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND RECOMMENDATION
INTRODUCTION
The applicant requests approval of a preliminary plat to subdivide a 3.84 acre parcel into 10
single-family residential lots. The Examiner recommends approval subject to conditions
recommended by staff.
ORAL TESTIMONY
Only staff and the applicant were present to testify. The testimony primarily addressed the
Examiner's questions regarding the use of private, as opposed to public access, to several of the
lots. The staff explained that the private access was necessary due to the shape and location of
the parcel and the existence of a panhandle lot on the southern end of the property. Staff stated
that the relaxed dimensional standards for private access would not impede fire access.
EXHIBITS
See list of exhibits at page 15 of the July 26,2007, staff report. In addition, a hard copy of the
PowerPoint presentation of Associate Planner Anyd Bergsagel was introduced as Exhibit 24.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is MT Land Development, L.L.c.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at
Federal Way City Hall on August 22, 2007.
Substantive:
3. Site/Proposal Description. The applicants seek approval of a 10-lot preliminary plat.
The subject property is 3.84 acres in size. The lots are intended to be used for single-family
residential development. The proposal includes a private access track to access four of the
easterly lots. The project site is currently occupied by one single-family residence. The site is
mostly wooded.
{P A0672554.DOC; 1/13041. 9Ooo00/}
Preliminary Plat Recommendation
p. 1
Findings, eonclusions and Recommendation
4. Characteristics of the Area. The property is located between 29th A venue South and
Interstate 5 in the north part of the city. The site is located in a developed single-family
neighborhood.
5. Adverse Impacts. As thoroughly mitigated by staff, it does not appear that the project
will create any material or significant adverse impacts. Marvin and Dalene Sheets expressed a
concern in a letter (Exhibit 7) about the removal of trees and the resultant noise impact on her
nearby property, since the trees buffer noise from 1-5. It is unclear whether or how much the
removal of the trees will increase noise from 1-5, since the introduction of 10 single family
homes to the site will provide a new source of buffering to the freeway noise. In addition, the
project includes a row of trees along the north, northwest, and east sides of the project (See
Exhibit 1, L-1). The City clearing and grading regulations (specifically FWCC 20-179) require
retention of vegetation to the maximum extent possible. For these reasons, the property will still
have features that buffer freeway noise. At any rate, since the freeway noise is not a problem
created by the development, it is debatable where the City has the authority to require the
developer to mitigate it.
In addition to impacting adjoining properties, the freeway noise is also a problem for
development on site. In response to this issue, staff required the preparation of a noise
evaluation report, prepared by Optimum Environment (Exhibit 16). This report evaluates noise
impacts upon the homes proposed to be constructed, but does not address any increase in noise
upon adjoining properties created by the removal of the trees. The noise of the freeway does
exceed state noise limits that normally apply to residential properties. However, noise
originating from a freeway is exempt from these noise limits. In order to protect the occupants
of the proposed development, staff has recommended a condition of approval (Condition No.5)
that requires the applicant to incorporate noise reduction building techniques in the construction
plans for the new homes.
In their letter, the Sheets also raised concerns about the removal of wildlife. It is noted at page 6
of the staff report that there are no species protected under city, state, or federal law at the site.
Further, there is no evidence in the record to suggest that development of the site will result in
the wildlife invading adjoining homes to any adverse level.
Concerns were also raised about drainage, and references were made to some flooding on the
western side of the property. In response, staff pointed out that there is an easement across the
property for aboveground drainage. Staff further mentioned that storm water regulations will
require an underground drainage facility that will actually improve offsite drainage impacts.
A well is currently located onsite. Staff has expressed concern that the proposed development
may trigger the decommissioning of the well due to a City code requirement (FWee 22-1369)
imposing state well separation requirements designed to protect water quality. A condition of
approval (eondition No.6) is recommended by the Examiner to implement this requirement.
There are no environmentally sensitive areas on the site. A wetland report prepared by the
applicant's consultant (Exhibit 17) and verified by a City consultant verified that the site houses
no wetlands.
(P A0672554.DOC; 1I13041.900000/}
Preliminary Plat Recommendation
p.2
Findings, Conclusions and Recommendation
6. Adequacy of Infrastructure and Public Services. As mitigated by staff, adequate
infrastructure will serve development as follows:
· Transportation: As noted at page 8 of the staff report, half-street improvements will
be required for 29th A venue South. Staff is not requiring half-street improvements for
South 284th Street because the applicant's property is separated from frontage to
South 284th Street by the panhandle of a panhandled lot owned by an adjoining
property owner. Staff asked the adjoining property owner if he would be willing to
dedicate his frontage so that the applicant could make the necessary improvements,
but the adjoining property owner declined to respond. In lieu of the improvements,
staff has recommended a condition of approval (Condition No.3) that requires the
applicant to set aside a tract along the southern edge of the property (bordering the
panhandle of the adjoining lot) to be used as a private driveway for proposed lot I and
to be dedicated to the City once the City is able to obtain full right-of-way width for
frontage improvements.
In addition to frontage improvements, staff has, through the Concurrency Ordinance
(FWCC 20, Article IV), evaluated the need for any improvements to the City's
transportation system, based upon adopted level of service standards. As depicted at
page 10 of the staff report, staff have recommended that the applicant pay $26,011 in
traffic mitigation fees to contribute to the addition of HOV lanes along SR-99, the
addition of a northbound right-turn lane and signal at South 304th Street at its
intersection with 28th Avenue South and the widening of Military Road South to five
lanes, along with sidewalks and streetlights.
· Pedestrian and Bicycle Facilities: Staff found that no bicycle facilities are needed for
the area. Sidewalks will be provided along 29th Avenue South and along both sides
of access tract A.
· Open Space: The applicant will not be dedicating any open space. In lieu of the
dedication of open space, staff has recommended a condition of approval (Condition
No.1) that the applicant pay a fee of 15% of the most recent assessed value of the
property at the time of final plat.
· Drainage: The applicant has prepared and public works staff has reviewed plans and
a technical report (Exhibit 14) for a storm water drainage system for the project.
Public works staff has determined that the proposed system is consistent with City
regulations, encompassed in the 1998 King County Surface Water Design Manual.
· Water: The applicant has submitted a King County Certificate of Water Availability
(Exhibit 12). Lakehaven Utility District will be the water purveyor. Lakehaven has
expressed a concern that the easement shown on the latest preliminary plat map is
insufficient for installation and maintenance of Lakehaven's water system.
Consequently, staff has recommended a condition of approval (eondition No.4)
requiring that the easement be revised to meet the needs of the Lakehaven Utility
District.
{PA0672554.DOC; 1/13041.900000/}
Preliminary Plat Recommendation
p.3
Findings, eonclusions and Recommendation
· Sewage: The applicant has submitted a King County Certificate of Sewer
Availability (Exhibit 13). Lakehaven Utility District will provide sewer to the
property. As with water, the Lakehaven Utility District has expressed concerns over
the easements on the property for sewer facilities. Recommended eondition No. 4
requires the applicant to modify the terms of the sewer easements to the satisfaction
of Lakehaven Utility District.
· Schools: The eity has a school impact fee designed to ensure that adequate schools
will serve the development. The school impact fees are collected at the time a
building permit is issued.
· Fire Protection: South King County Fire has determined that there is adequate fire
flow to meet the fire protection needs of the site. The exact number and location of
fire hydrants will be reviewed and approved by the fire department as part of the final
plat process.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: FWCC 20-110 (4) and (5) provide the Examiner with
the authority to conduct a hearing and make a recommendation to the City Council on
preliminary plat applications.
Substantive:
2. Zoning Designation: RS-9.6.
3. Review Criteria and Application. FWCC 20-126(c) governs the criteria for preliminary
plat approval. Those criteria are quoted in italics below and applied to the application under
corresponding Conclusions of Law.
FWCC 20-126(c): Decisional Criteria. A Hearing Examiner shall use the following criteria in
reviewing the preliminary plat and may recommend approval of the plat to the City Council if:
(1) It is consistent with the comprehensive plan;
4. The 2003 Federal Way Comprehensive Plan designates the property as Single Family
High Density. The proposed land use is consistent with the density allowances and policies
applicable to this land use as established in the Comprehensive Plan.
FWCC 20-126(c)(2): It is consistent with all applicable provisions of the Chapter, including
those adopted by reference from the comprehensive plan:
5. The "Chapter" reference in the criterion above appears to be Division VI (preliminary
Plat) of Title 20 of the FWCC. As noted in detail in the staff report, the application has complied
with all the procedural requirements for preliminary plat review. Further, as required by
FWCC 20-115, the environmental review process required under the State Environmental Policy
(P A0672554.DOC; 1/13041.900000/}
Preliminary Plat Recommendation
p.4
Findings, Conclusions and Recommendation
Act has also been completed on April 23, 2007, through the issuance ofa determination of non-
significance, which was not appealed. The proposal is also in conformance with the City's
Zoning Code as required by FWCC 20-112, as proposed use and densities for the property are
consistent with its RS-9.6 zoning designation.
FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare.
6. As identified in the Findings of Fact, as conditioned there are no material or significant
adverse impacts associated with the project and there will be adequate infrastructure to serve it.
For these reasons, the plat is consistent with public health, safety, and welfare.
FWCC 20-126(c)(4): It is consistent with the design criteria listed in FWCC 20-2:
FWCC 10-1: This chapter is adopted in furtherance of the comprehensive plan of the City. It is
hereby declared that the regulations contained in this chapter are necessary to:
(1) Promote the health, safety and general welfare in accordance with the standards
established by the state and the city;
7. As noted in the Washington State Growth Management Act, the Washington State
Legislature has found it to be in the public interest to prevent urban sprawl and to promote the
efficient use of infrastructure. The infill development proposed by the applicant at urban
densities meets these objectives. Also, as previously discussed, the project, as mitigated, creates
no material or significant adverse impacts and there is adequate infrastructure to meet the needs
of the new development. For these reasons, the project promotes the health, safety, and general
welfare in accordance with the standards established by the state and the city.
FWCC 20-2(2): Promote effective use of land by preventing the overcrowding or scattered
development which would injury health, safety or the general welfare due to lack of water
supplies, sanitary sewer, drainage, transportation or other public services, or excessive
expenditure of public funds for such services:
8. As previously noted, the project constitutes infill development in an area that is already
characterized and developed by residential development. Also as previously discussed, the
project is serviced by adequate infrastructure, and the applicant is making significant
improvements and financial contributions towards ensuring adequacy of that infrastructure. The
density of the proposal, as noted in the staff report, is consistent with the surrounding densities as
well. For these reasons, the above criterion is satisfied.
FWCC 20-2(4): Provide for adequate light and air.
9. The density of the project meets the density requirements for the RS-9.6 district. The
applicant will have to comply with the dimensional requirements of the zoning code for any
structures it builds in order to get through building permit review. The dimensional standards of
the eity's zoning code sets the standard for adequacy of light and air and for these reasons the
above criteria is satisfied.
(P A0672554.DOC; l!l3041.900000/}
Preliminary Plat Recommendation
p. 5
Findings, Conclusions and Recommendation
FWCC 20-2(5): Provide for water, sewage, drainage, parks and recreational areas, sites for
schools and school grounds and other public requirements:
10. As noted in the Findings of Fact, the project is served by adequate infrastructure.
FWCC 20-2(6): Provide for proper ingress and egress:
11. Access to all lots complies with City design standards.
FWCC 20-2(7): Provide for housing and commercial needs of the community:
12. The project provides for infill development and urban densities and therefore satisfies the
above criteria.
FWCC 20-2(8): Require uniform monumenting of land divisions and conveyance of accurate
legal descriptions:
13. FWCC 20-1 11 (b) requires that the survey of the proposed subdivision must be made by
or under the supervision of a registered land surveyor who shall certify that it is a true and
correct representation of the land surveyed. This and other requirements like it help ensure that
the objective of uniform monumenting of land divisions and accurate legal descriptions are
satisfied.
FWCC 20-2(9): Protect environmentally sensitive areas:
14. As noted previously, the project has gone through a review under the State
Environmental Policy Act, which ensures that all environmentally sensitive areas are protected
and mitigated. As noted in the staff report, there are no recognized environmentally sensitive
areas on the subject property. The applicant prepared a wetland reconnaissance report, which
concluded that there are no wetlands onsite. The eity hired a second wetlands consultant to
confirm that no wetlands are on the property.
FWCC 20-2(10): Provide for flexibility and site design to accommodate view enhancement
protection, protection of streams and wetlands, protection of steep slopes and other
environmental significant or sensitive areas.
15. There are no views or environmentally sensitive areas in need of protection at this site.
FWCC 20-125(c)(5): It is consistent with the development standards listed in FWCC 20-151
through 20-157, and 20-178 through 20-187.
16. As discussed in the staff report, the project complies with the standards listed in FWCC
20-151 through 20-157 and FWCC 20-178 through 20-187. These standards govern adequacy of
infrastructure, dimensional density standards, street improvements, landscaping, and retention of
vegetation. The only issue that is of some concern is FWCC 20-152(d), which provides that all
lots should abut a public right-of-way. Several of the lots are served by access tract A, which is
private, and proposed Lot 1 will be accessed by Tract D (also referenced as Tract X), which is
also private. As noted by staff, FWCC 20-152(d) does not mandate that all lots abut public
{P A0672554.DOC; 1I13041.900000/}
Preliminary Plat Recommendation
p.6
Findings, Conclusions and Recommendation
right-of-way, but only that they "should" abut public right-of-way. Since the project cannot
reasonably accommodate a thru street and the dimensional standards for public right-of-way
would not make it possible for the parcel to be developed at urban densities, staff determined that
the less restrictive requirements for private access are appropriate in this case. Staff also
confirmed in oral testimony that the private access tracts are sufficient for fire access purposes.
For these reasons, the Examiner will defer to the judgment of staff in allowing a private access
via Tract A and Tract D. Similarly, since the southern portion of the lot borders the panhandle of
a panhandled lot, a private access easement to serve proposed lot 1 is appropriate for this
subdivision.
RECOMMENDATION
The Examiner recommends that the City Council approve the preliminary plat subject to the
conditions recommended by staff and Condition No.6 added by the Examiner as detailed below:
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 percent of the most recent assessed value
of the property at the time of final plat.
2. Prior to approval of the final plat, the applicant must dedicate to the City, via statutory
warranty deed, 30 feet of right-of-way for 29th A venue South and develop the right-of-
way to City standards.
3. In conjunction with or prior to submission of materials for final platl, the applicant shall
revise the plans to show a 15-foot-wide "Tract X" (currently shown as a 15-foot-wide
"Tract D") for future dedication to the City (through Statutory Warranty Deed), and the
applicant shall specify on the plans that the Tract X will serve as a private driveway for
the existing house on the proposed Lot 1, until such time as the City can obtain the full
right-of-way width. The developer must .sign a Tract X Agreement which will be
referenced on the final plat.
4. Prior to approval of the final plat, the plans must be revised to include terms of the water
and sewer easement rights and benefits across Tract A, pertaining to Lots 5 through 8, to
the satisfaction of Lakehaven Utility District.
5. The applicant shall include noise reduction building techniques in the construction plans
for the new homes, such as special windows. Prior to approval of the building permit for
each new house, the noise reduction measures must be approved by the Building
Official's Office. (The applicant is encouraged to check with the Building Official's
Office regarding noise reduction measures, prior to submitting building permit
applications. )
t The staff recommended condition of approval required the applicant to submit the revised plans ''prior to" final
plat approval. The applicant requested revision of this requirement to "in conjunction with" and staff had no
objection.
(P A0672554.DOC; 1I13041.900000/}
Preliminary Plat Recommendation
p. 7
Findings, Conclusions and Recommendation
6. Any improvements made to the subject property shall comply with the requirements in
Chapter 1 73-160 WAC, as now or hereafter amended, regarding separation of wells from
sources of pollution.
Dated this 6th day of September, 2007.
Phil Olbrechts
Hearing Examiner
City of Federal Way
{P A0672554.DOC; 1113041.900000/1
Preliminary Plat Recommendation
p.8
Findings, Conclusions and Recommendation
I
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VICINITY MAP
SITE DATA
SITE.-ooR(SS; 1920 S. 2&4nl ST.
FtOEItIl WAY, 1'1,0"
P:o\RCa ~ :'I.J.2m4-916l
Sf!'[ NI!Ek JA4 AC {1&7.270 ~.f".)
ZOMlNG:: RS-9,1l (CVY Of' ft1lfAA. WAY)
DEVELOPMENT ST ANOAAOS
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PROPOSED US(; HI un SINGLE r-.r RESIVt.'nlIoO.l.
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Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT TO THE HEARING EXAMINER
ABBY'S LANE PRELIMINARY PLAT
Preliminary Plat File No. 07-100 1 85-00-SU
SEPA File No. 05-104199-00-SE
PUBLIC HEARING
Council Chambers, Federal Way City Hall
33325 8th Avenue South
2:00 p.m., Wednesday, August 22, 2007
Report Prepared by:
Andy Bergsagel, Associate Planner
July 26, 2007
File No: 07 -100 185-00-SU (Preliminary Plat)
05-1 04199-00-SE (SEP A)
Project Location: 2920 South 284th Street
Applicant: MT Land Development LLC
Attn: Ty Pendergraft
PO Box 517
Auburn, W A 98092
Agent: ESM Consulting Engineers
Attn: Matt Cyr
33915 1st Way South, Suite 200
Federal Way, WA 98003
Owner: Tracy Sears
c/o MT Land Development LLC
PO Box 517
Auburn, W A 98092
Action Requested: Preliminary plat to subdivide one parcel (3.84 acres) into ten single-family lots.
Existing house to remain; sheds to be removed. Stormwater pond to be provided.
Staff Representative: Associate Planner Andy Bergsagel, 253-835-2644
Staff Recommendation: Preliminary Plat Approval
TABLE OF CONTENTS
General......................,............... ,... ...................................".....".".....,.... .......... ................,........,.,."..............4
Consulted Departments, Agencies & Public .........,..... .,......... .....,.... ...... ...................................... ............ .....4
State Environmental Policy Act............... ..... ........ .............. ..................,.... ......... ............. .... ................. ........5
Neighborhood Characteristics ..... ...........................,.. .................., .......,.. ........... .......... ...... ............. ...............6
Natural Environment.......... ..... ..... ........................ ............ ..........,... ....... ......................... ......... ............ ..........6
Subdivision Design (FWCC 20-151) .................................. .... ........... ...........................................................6
Lot Design (FWCC 20-152).... ............ ... ......... ..... .... ... ....... .................... ..... ............. ......................... ........ ....7
Density (FWCC 20-153) .......... .................. ...... ............. ............ ................. ....... ....... ................ ... .................. 7
Open Space and Recreation (FWCC 20-155) .............................. .................................................................8
Pedestrian and Bicycle Access (FWCC 20-156)....... ....................................................................................8
Improvements Required (FWCC 20-176) ...... ........ ................................. ...... ................. .... ............ ............ ... 8
Density Regulations (FWCC 20-177) . ....... ...... ..................................... ... ............... ........ .......... ............. ....... 9
Landscape Buffers (FWCC 20-178).... ....... .... ....... ................................. ....... ...... ..... ......... .... ..... .......... ......... 9
Retention of Vegetation (Clearing and Grading) (FWCC 20-179) ...............................................................9
Streets and Rights-of-Way (FWCC 20-180) .................... ........................... ..................................................9
Water (FWCC 20-181).. ............ ............... ..... ....., ..... ....................................... ......... .................. .... .............10
Sewage Disposal (FWCC 20-182) . ............ ........... ................... .......... .... ....... ....... ......... .............. ...... .......... 11
Storm Drainage (FWCC 20-183) ... ...... ..... ........ ...........................,................. ........ ................................. .... 11
Landscaping Protection and Enhancement (FWCC 20-186) ......................................................................11
Monuments (FWCC 20-187).......... ..... .... ... ................... ....... ...... ...... ........... ........ ........................... ......... ....11
Public Services.....,.....,............,..........,....,.............,...,....,.....,..,.....,.....,......,.............. ..... ........................,... .12
Noise ........................... ................................ .................................... ............................................................. 12
Decisional Criteria........................,........... ..............,....................,.......,....................................................,., 12
Findings of Fact and Conclusions ........................................................... ............................................. .......13
Recommendation...............................,...............................,.................... ..................................................... 14
Conditions .... ........... ..... .............. ..... ..... ..... ......... .... ............,. ........ ........,... ....... ........... ........ ........... .............. 14
List of Exhibits...........,...,..,... ........................... ............ .... ............... ._............... .... ........... ................. .......... .15
GENERAL
1. Project Description, The applicant proposes a preliminary plat to subdivide one parcel (3.84 acres)
into ten single-family residential lots. The existing house is to remain; the sheds are to be removed.
A stormwater pond is to be provided. The proposal includes a private access tract to access four of
the easterly lots. A row of landscaping is to be provided along the property line which is .shared with
Interstate 5. The applicant is choosing to make a payment in lieu of providing open space. The site is
mostly wooded. Street improvements, water, sewer, utilities, stormwater drainage control
improvements, and other related infrastructure improvements will be installed to service the plat.
A full set of drawings (Exhibit I) is enclosed, as noted in the "List of Exhibits" at the end of this
report.
2. Date of Complete Application. This application is vested to the date it was' found to be complete by
the Department of Community Development on February 7, 2007.
3. Location. 2920 South 284th Street, Federal Way. Refer to the Zoning and Vicinity Map (Exhibit 2)
and the 2002 Aerial Photography (Exhibit 3).
4. Parcel No. 332204-9162. (A legal description of the existing parcel is on Sheet 3 of the drawings.)
5. Size of Property, The subject site currently has a land area of 167,270 square feet (3.84 acres).
6. Land Use and Zoning:
Subject Site:
To the North:
To the South:
To the East:
To the West:
Zoning
RS-9.6
RS-9.6
RS-7.2
RS-9.6
RS-9.6
Comprehensive Plan
Single-Family Medium Density
Single-Family Medium Density
Single-Family Medium Density
Single-Family Medium Density
Single-Family High Density
Existing Land Use
Single-Family Residential
Single-Family Residential
Single-Family Residential
Mobile Home & Interstate 5
Single-Family Residential
CONSULTED DEPARTMENTS, AGENCIES & PUBLIC
The following departments, agencies, and individuals were advised of this application.
I. The Development Review Committee (DRC), consisting of the Federal Way Community
Development Services Planning and Building Divisions; Public Works Development Services and
Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public
Safety (Police); South King Fire; Lakehaven Utility District; and Federal Way Public Schools. DRC
comments have been incorporated into this report where applicable.
2. All property owners and occupants within 300 feet of the site were mailed notices of the complete
preliminary plat application on February 13, 2007 (Exhibit 7). The site was also posted and notice
published in the newspaper and on the City's official notice boards. Two written comments were
received during the comment period as follows. A staff response is provided for each
question/comment. Also, Matt Cyr ofESM was kind enough to submit a response to Marvin and
Dalene Sheets, addressing her concerns (Exhibit 8).
a. Letter from Dalene Sheets, 28231 29th Avenue South, Federal Way, W A 98003 (Exhibit 7).
Ms. Sheets has four concerns, as follows:
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( I) She has a drainage concern.
Response: Drainage is addressed in the Public Works Development Services comments below.
(2) She is concerned about the removal of trees due to noise from Interstate 5.
Response: The applicant is providing a buffer of evergreen trees along the propertyJine of the
Interstate. It is not anticipated that the removal of existing trees will have much effect on noise.
A Noise Evaluation, by Optimum Environment, was submitted (Exhibit 16).
(3) She is concerned about any wildlife on the property and doesn't want it to move to existing
homes.
Response: There are no provisions in local, state, or federal laws to handle removal of wildlife
when this site is developed for housing.
(4) She is wondering if homes currently on 29th will still use the existing power poles or if they
will be switched to underground wiring in the future.
Response: Per FWCC Section 16-47, Abby's Lane is responsible for undergrounding the
overhead utilities along their property frontage on 29th Avenue South. However, several
residential properties on the opposite side of the street obtain service from these overhead lines.
During the construction process, the developer will be required to work with the utility
companies to find a reasonable solution to the situation. It is possible that the undergrounding
requirement will be revised, reduced, or eliminated. In any case, the City would not require the
neighboring properties to participate financially in the undergrounding expense, nor would the
City require the developer to simply move the entire existing overhead utility system to the
opposite side of the street.
b. Letter from Amber Santiago, Puyallup Tribe of Indians, 3009 East Portland Avenue, Tacoma,
W A 98404 (Exhibit 9). It is not known if the actual site is of concern, but she requests that any
exposure of historical sites will need to be reported to her office immediately.
Response: The applicant was given a copy of the letter and may contact Ms. Santiago for
further information.
3. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and all
affected agencies, were notified of the proposed action and the City's environmental decision. In
addition, the site was posted and notice placed in the newspaper and on the City's official notice
boards. For this project, the SEP A Notice was combined with the Notice of Application, as noted
below.
STATE ENVIRONMENTAL POLICY ACT
An environmental "Determination of Nonsignificance" (DNS) was issued by the City of Federal Way for
the proposed action (Exhibit 9). The optional anticipated DNS process was used, whereby the City made an
anticipated DNS at the time of the land use application (FWCC 18-82). A Final DNS was issued on April
23, 2007. The Final DNS was not appealed. This determination was based on review of information in the
project file, including the environmental checklist, submitted January 11,2007, and annotated by the City
planner February 9, 2007 (Exhibit II). The Director concluded that the proposal would not result in
probable significant adverse impacts on the environment.
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NEIGHBORHOOD CHARACTERISTICS
The property is located between 29th Avenue South and Interstate 5, in the north part of the City, in a
single-family residential area, which is mostly developed with homes.
NATURAL ENVIRONMENT
1. Geology. A geotechnical report was not required for critical area review, since the site contains no
geotechnically hazardous areas. Up to 1,700 cubic yards of imported fill will be needed on the
project, per the SEP A checklist. Soils will be excavated during the construction of private access
Tract A, the stormwater facilities, and utilities, as indicated on the preliminary clearing and grading
plan, which depicts clearing limits for construction of the aforementioned items.
2. Topography. The site is gently rolling. Stormwater drains primarily to the north and east. A
stormwater facility will be built in the northeast comer of the site. (No infiltration is planned on the
individual lots at this time.)
3. Critical Areas. The City of Federal Way Environmentally Critical Areas Map does not indicate any
critical areas on the site. The applicant submitted a "Wetland Reconnaissance Report," by Chad
Armour, of Chad Armour, LLC, dated August 14,2006 (Exhibit 17.a.), which verified this fact.
There is a tiny wetland feature on or near the eastern property line that is around 250 square feet and
too small to be considered a regulated critical area. The City's wetland consultant, Otak, reviewed
Chad Armour's report and determined that there are no regulated wetlands or streams on the site
(Exhibit 17.b.), and the proponents were notified by letter that the City of Federal Way accepted the
determinations of Chad Armour and Otak (Exhibit 17.c.).
4. Vegetation. The site is mostly wooded, but does not contain "Significant trees," as defined in FWCC
Chapter 22. "Significant trees" do not include alders, maples, or cottonwoods.
5. Wildlife and Habitat. No wildlife species recognized as priority species are known to inhabit the site
or the vicinity. However, songbirds, squirrels, and other wildlife will likely be displaced or use trees
that remain or are planted.
SUBDIVISION DESIGN (FWCC 20-151)
In the following analysis, pertinent text of the code is provided in italics, with a staff response following.
The project is vested to the provisions of Chapter 20, Subdivisions, as it existed at the date that the
Department determined that this was a complete application, i.e., February 13,2007.
1. Subdivisions should be designed so that traffic is distributed in a logical manner toward a collector
street system, to avoid intrusion and over-burdening of residential streets, and to connect with
planned or existing streets. The traffic will be distributed in a logical manner (as shown on the
preliminary plat map). The only internal traffic will be along a private access tract proposed to serve
four of the easterly lots. Along 284th Avenue South, the plans show a 15-foot-wide Tract X for
potential future dedication. (Refer to street improvement details below, under the heading
"Improvements Required.")
2. Streets should be coordinated with existing intersections to avoid offsetting new intersections, and
should intersect at a 90-degree angle plus or minus J 5 degrees. The applicant is providing a Tract X
along the south of the site in the event it should be needed for future improvements to South 284th
Street.
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3, No street, or combination of streets, shall function as a cul-de-sac longer than 600 feet. This does
not apply.
4. Blockperimeters should be no longer than 1,320feetfor non-motorized access, and 2,640feetfor
streets. This does not apply.
5. Subdivisions on steep slopes should be designed so that streets are constructed generally parallel,
rather than perpendicular, to the slope. This does not apply.
6. Streets should be designed in conformance with adopted standards for sight distance at
intersections, as prescribed in FWCC 22-1151 et seq. The plat is designed in conformance with
adopted standards for sight distance.
LOT DESIGN (FWCC 20-152)
1. All lots should be of ample dimensions to provide a regular shaped building area which meets
required setbacks. The proposal meets the criteria. The setback lines have been shown on Sheet 1.
The zoning chart for "detached dwelling units" in the RS zones requires a front setback of 20 feet, a
side setback of 5 feet, and a rear setback of 5 feet (FWCC 22.;.631]. For comer lots, any side setback
along a primary vehicle access (such as a street or tract) is 10 feet (per the revised Zoning Chart
adopted per Ordinance #07-545, effective January 11,2007).
2. All lots shall be designed to provide access for emergency apparatus. The proposal has been
reviewed by the Fire Marshal's Office and has been found to meet the criteria.
3. All lots should be designed to take advantage of topographic and natural features, view orientation
and privacy. The site does not pose concerns in terms of topography, natural features, view
orientation, or privacy.
4. Except in a cluster subdivision, all lots should abut a public street right-of way. Residential lots
should not have access onto arterial streets. As is evident on the Planned Street Sections Map
(Exhibit 23), there are no arterial streets abutting the site. All ofthe lots abut a public street right-of-
way or the Tract A or the Tract D (Tract X) private driveway. Tract A is private, but is allowed as an
exception, since it meets the standards for cross-section Y. The existing house will use Tract D
(Tract X), which is in the location of the existing driveway, since private property intervenes
between the site and the South 284th Street right-of-way. Due to the intervening private property,
half-street improvements to South 284th Street are not proposed at this time, but Tract X is set aside,
so that it may be developed as right-of-way in the future.
DENSITY (FWCC 20-153)
I. All lots in conventional subdivisions shall meet the density and minimum lot size requirements of
Chapter 22 FWCC. Calculation of density in subdivisions shall not include streets or vehicle access
easements. The site meets the minimum density of9,600 square feet per lot. Therefore, all lots are of
the minimum size for the zone, as dictated by the RS zoning chart for "detached dwelling unit" in
FWCC 22-631.
2. The site is not considered a "cluster subdivision."
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OPEN SPACE AND RECREATION (FWCC 20-155)
All residential subdivisions shall be required to provide open space in the amount of 15 percent of the
gross land area of the subdivision site; except for subdivisions created under FWCC 20-154, a fee-in-lieu
payment may be made to satisfy open space requirements at the discretion of the parks director after
consideration of the city's overall park plan, quality, location, and service area of the open space that
would otherwise be provided within the project, The fee-in-lieu of open space shall be calculated on 15
percent of the most recent assessed value of the property. The applicant does not show open space on the
site plan and proposes fee-in-lieu of open space. The Parks Director approves and prefers the fee-in-lieu
of open space for this application. As a condition of approval of this application, 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 most recent assessed value of the property at the time of fmal plat.
PEDESTRIAN AND BICYCLE ACCESS (FWCC 20-156)
No special pedestrian or bicycle paths are warranted. A sidewalk will be provided along 29th A venue
South, and along both sides of access Tract A.
IMPROVEMENTS REQUIRED (FWCC 20-176)
Street improvements, and the dedication of rights-of way and/or easements, shall be required in
accordance with FWCC 22-1471 et seq., regarding required improvements to rights-ofway and
vehicular access easements. If a plat is subject to a dedication, dedication language shall be included on
the face of the plat...
The Zoning Code refers to an "official right-of-way map" in Section 22-1471. This is Map 111-6 of the
Comprehensive Plan, entitled "Planned Street Sections" (Exhibit 23).
2gth Avenue South is designated as a Type S street. The standards for a Type S street call for 36 feet of
pavement, within a 60-foot right-of-way (to include curb, gutter, four-foot planter strip with trees, five-
foot sidewalk, and streetlights). The applicant is responsible for half street improvements which shall
extend from the street centerline. The plans show 30 feet of right-of-way to be dedicated to the City, to be
developed to the aforementioned standards. As a condition of approval, prior to approval of the final plat
the applicant must dedicate to the City, via statutory warranty deed, 30 feet of right-of-way for 29th
Avenue South and develop the right-of-way to City standards.
South 284th Street is designated as a Type S street. The standards for a Type S street call for 36 feet of .
pavement, within a 6O-foot right-of-way (to include curb, gutter, four-foot planter strip with trees, five-
foot sidewalk, and streetlights). There is a panhandle lot, APN 332204-9025, owned by Howard Harris,
next to the subject site. This 15-foot-wide strip of land separates the subject property from the existing
public right-of-way (ROW) for South 284th Street. A letter was sent to Mr. Harris inquiring about the
possibility of dedicating a portion of his property as ROW in order to facilitate improvements along South
284th Street. To date, there has been no response; therefore, the requirement for full frontage
improvements along South 284th Street will be waived; as a condition, prior to approval of the final plat,
the applicant shall revise the plans to show a l5-foot-wide "Tract X" (currently shown as a IS-foot-wide
"Tract D") for future dedication to the City (through Statutory Warranty Deed), and the applicant shall
specify on the plans that the Tract X will serve as a private driveway for the existing house on the
proposed Lot 1, until such time as the City can obtain the full right-of-way width. The developer must
sign a Tract X Agreement which will be referenced on the final plat.
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Tract A will be a private access tract, 38-foot-wide, Cross-Section Y, consisting of 24-foot pavement,
curb, gutter, five-foot sidewalks and two-foot utility strips. The Fire Marshal's Office has reviewed and
approves of the hammerhead turnaround.
DENSITY REGULATIONS (FWCC 20-177)
Density or parcel size, setbacks and buffers shall be in accordance with Chapter 22 FWCC, "Zoning."
As mentioned above, the proposal meets this requirement.
LANDSCAPE BUFFERS (FWCC 20-178)
Subdivision design should provide a ten-foot-wide Type III landscape strip along all arterial streets to
shield new residences from arterial streets. See FWCC 22-1565(c), Said landscape strip shall be provided
in a separate tract to be owned and maintained by the homeowners' association. A landscape tract is not
required along 29th Street South, as it is not an arterial. A landscape tract is being provided along the
property line with Interstate 5.
RETENTION OF VEGETATION (CLEARING AND GRADING) (FWCC 20-179)
(a) All natural vegetation shall be retained on the site to be subdivided except that which will be removed
for improvements or grading as shown on approved engineering plans. A preliminary clearing and
grading plan shall be submitted as part of preliminary plat application.
(b) Existing mature vegetation shall be retained to the maximum extent possible. Preservation of
significant trees pursuant to FWCC 22-1568 shall apply solely to the development of each single-
family lot at the time a building permit is applied for.
In general, the FWCC does not support mass clearing and grading of a proposed plat unless there are
unusual site conditions and/or existing topographical conditions that support extensive site grading at the
time of infrastructure development. Sheet PP-02 shows the clearing and grading limits corresponding to
the right-of-way improvements, utilities, stormwater tract, landscape tract, and access tracts.
STREETS AND RIGHTS-OF- WAY (FWCC 20-180)
(a) All streets within an approved subdivision shall be within a dedicated public right-oj-way. Private
tracts may be used in short subdivisions and cluster subdivisions using cross-section type "Y", as
described in FWCC 22-1528.
(b) All streets within the public rights-oj-way shall be improved to the standards specified in FWCC 22-
1471 et seq., regarding required improvements to rights-oj- way and vehicular access easements and
tracts.
(c) All streets abutting the subdivision or short subdivision shall be improved in accordance with
FWCC 22-1471 et seq., regarding required improvements to rights-of way and vehicular access
easements.
(d) All traffic control devices within the subdivision or short subdivision shall be provided by the
developer as required by the director of public works.
(e) Streets shall be provided to develop a street network with a block perimeter of no greater than
2,640 feet, as measured on centerlines. This requirement may be modified if connections cannot be
made due to:
(1) Topographical constraints.
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(2) Environmentally sensitive areas.
(3) Adjacent development is not being conducive,
(f) Additional off-site street and traffic control improvements may be required to mitigate impacts
resultingfrom the subdivision or short subdivision.
The plans have been reviewed by the Public Works Department to ensure consistency with these regulations,
and meet the standards as noted above under the heading "Improvements Required."
The block perimeter requirement does not apply, since the site is surrounded by adjacent development
(including Interstate 5) which is not conducive to a street network or pedestrian connection.
In terms of traffic concurrency, the proposal is for nine new single-family residences and one existing
residence (for a total often lots). On February 15,2007, Soma Chattopadhyay of the Public Works
Traffic Division, issued a traffic "Concurrency Decision" (Exhibit 20), requiring the applicant to pay the
City of Federal Way $26,011 (twenty-six thousand and eleven dollars) towards traffic mitigation. The
fees are calculated as shown in the following table:
Project Map Location Description Pro-Rata
ID ID
141 2 SR 99 HOY Lanes Phase 3: S 2841JJ St - Add HOV lanes, 2nd SB left-turn lane @ 2881JJ, $9,250
SR 509 install raised median, signal @ SR 509 @
Redondo Wy S with interconnect to 11th PI S
159 12 SR 99 HOY Lanes Phase 4: SR 509 - S Add HOV lanes, install raised median $13,427
31th St
154 16 S 3041JJ St@281JJ Ave S Add NB right-turn lane, signal $285
166 20 Military Rd S: S Star Lake Rd - S Widen to 5 lanes, sidewalks, street lights $3,048
288lh St
Total: $26,011
WATER (FWCC 20-181)
All lots in a subdivision or short subdivision shall be served by a water system designed and constructed
to the specifications of the Lakehaven Utility District or City of Tacoma public utilities department or any
other appropriate district. The applicant submitted a King County Certificate of Water Availability
(Exhibit 12). Lakehaven Utility District (LUD) is the water purveyor. LUD has found the preliminary plat
plans to be acceptable for water service, except as noted in this section.
LUD has stated a concern that the easement shown on the latest preliminary plan set is insufficient
(pertaining to Lots 5 through 8). Therefore, as a condition of approval, prior to approval of the final plat,
the plans must be revised to include terms of the water and sewer easement rights and benefits across
Tract A, pertaining to Lots 5 through 8, to the satisfaction of Lakehaven Utility District.
The applicant is responsible for working with Lakehaven Utility District to determine if the existing well
on the site must be decommissioned. "Regulated Wellheads" are addressed in FWCC 22-1369, as
follows: "Any well constructed after March 1, 1990, must comply with the siting criteria of Chapter 173-
160 WAC. Any improvement or use on the subject property erected or engaged in after March 1, 1990,
must comply with the requirements in Chapter 173-160 WAC regarding separation of wells from sources
of pollution."
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SEWAGE DISPOSAL (FWCC 20-182)
Wherever feasible, all lots in subdivisions and short subdivisions shall be connected to a sanitary sewer
system designed and constructed to the specifications of the Lakehaven Utility District or other
appropriate district. The applicant submitted a King County Certificate of Sewer Availability (Exhibit
13). LUD has found the preliminary plat plans to be acceptable for sewer service, except as noted in this
section.
LUD has stated a concern that the easement shown on the latest preliminary plan set is insufficient
(pertaining to Lots 5 through 8). Therefore, as a condition of approval, prior to approval of the final plat,
the plans must be revised to include terms of the water and sewer easement rights and benefits across
Tract A, pertaining to Lots 5 through 8, to the satisfaction of Lakehaven Utility District.
STORM DRAINAGE (FWCC 20-183)
All subdivisions and short subdivisions shall be provided with an adequate storm drainage system
designed and constructed in accordance with the surface water management requirements in FWCC 21-
26 et seq., and the storm and surface water utility requirements in FWCC 16-76 et seq. In addition to the
plans, the applicant submitted a report entitled "Abby's Lane Preliminary Technical Information Report"
(TIR), prepared by ESM Consulting Engineers, May 16,2007, received May 29, 2007 (Exhibit 14).
Public Works staff have reviewed the proposal and found it to be in compliance with the storm and
surface water requirements. As shown in the TIR and plans, the requirements of the 1998 King County
Surface Water Design Manual (KCSWDM) will be met. Final review and approval of the storm drainage
facilities will occur as part of the Final plat process.
LANDSCAPING PROTECTION AND ENHANCEMENT (FWCC 20-186)
(a) A landscape plan prepared by a licensed landscape architect shall be submitted with each
subdivision or short subdivision application. The plan shall identify existing wooded areas,
significant trees, meadows, rock outcroppings, and other landscape features. The plan shall also
show proposed buffers, open spaces, street trees, and other ornamental landscaping.
(b) Significant trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, except for those to be
removed in areas to be improved or graded as shown on the preliminary plat. During construction
of subdivision improvements and permitting of single-family residences. protection techniques, as
required in Chapter 22 FWCC. Zoning, shall be used to protect the identified trees from harm or
destruction, and to restore trees damaged or lost. Significant trees to be preserved shall be visibly
marked by flagging.
The applicant submitted a preliminary landscape plan which meets the criteria. The site is mostly wooded,
but does not contain "Significant trees," as defined in FWCC 22-1568. "Significant trees" do not include
alders, maples, or cottonwoods.
MONUMENTS (FWCC 20-187)
Permanent survey control monuments shall be provided for all final plats and short plats. ., The
monuments will be dealt with at the final plat stage.
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PUBLIC SERVICES
1. Schools. School impact fees, as authorized by City ordinance, are collected at the time the building
permit is issued. School impact fees are determined on the basis of the district's Capital Facilities
Plan and are subject to annual adjustment and update.
2. Public Parks. Refer to the analysis of open space requirements above. The Director ofPitrKs has
determined that a fee-in-Iieu of open space on site is preferable for this proposal.
3. Fire Protection. The proposal has been reviewed by South King Fire. The King County Certificate
of Water Availability, which was approved by the Lakehaven Utility District, indicates that water
will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed
development. The Fire Department requires that a fire hydrant be located within 350 feet of each lot.
The exact number and location of fire hydrants will be reviewed and approved by the Fire
Department as part of the final plat process.
NOISE
The site is located adjacent to Interstate 5 and is near the flight path for SeaTac airport. FWCC 22-956
simply addresses "Maximum environmental noise levels" as follows: "(a) State standard adopted. The
city adopts by reference the maximum environmental noise levels established pursuant to the Noise
Control Act of 1974, Chapter 70.107 RCW. See Chapter 173-60 WAC." A Noise Evaluation, dated
December 14, 2006, was prepared by Optimum Environment (Issaquah) for this application. The report
includes "Table 1: Noise Limitations; dBA." Noises from vehicles, planes, and trains were present on this
site during a test of the site. A list of exemptions to the noise limitations can be found in WAC 173-60.
State noise regulations exempt all the sources of measured noise-vehicles, planes, and trains-from
compliance with the limitations shown in Table 1. However, in consideration for the health and welfare of
the residents of the new homes, as a condition of approval, the applicant shall include noise reduction
building techniques in the construction plans for the new homes, such as special windows; prior to
approval of the building permit for each new house, the noise reduction measures must be approved by
the Building Official's Office. The applicant is encouraged to check with the Building Official's Office
regarding noise reduction measures, prior to submitting building permit applications.
DECISIONAL CRITERIA
The project is vested to the provisions of Chapter 20, Subdivisions, as it existed at the date that the
Department determined that this was a complete application, i.e., February 13,2007.
The FWCC establishes review procedures and decisional criteria for deciding upon various types of land
use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat
applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application
and the recommendation of the Hearing Examiner are submitted to the City Council for approval or
disapproval.
Pursuant to FWCC 20-126(c), the Hearing Examiner may recommend approval of the proposed
preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses
are provided below:
I. The project is consistent with the Comprehensive Plan. The application is subject to the adopted
2003 Federal Way Comprehensive Plan (FWCP), which designates the property as Single-Family
High Density. The proposed land use, Single-Family Residential plat, with 9,600 square-foot
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minimum lot size (RS-9.6), is consistent with density allowances and policies applicable to this land
use as established in the FWCP,
2. The project is consistent with all applicable provisions of the chapter, including those adopted by
reference from the Comprehensive Plan. The preliminary plat application is required to comply with
the provisions of the FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions,"
Chapter 22, "Zoning," and all other applicable codes and regulations. Future development of the
residential subdivision will be required to comply with all applicable development codes and
regulations. As conditioned, the proposed preliminary plat will comply with all provisions of the
chapter.
3. The project is consistent with the public health, safety, and welfare. As conditioned, the plat will be
consistent with public health, safety, and welfare.
4. It is consistent with the design criteria listed in Section 20-2. The plat will be consistent with the
purposes identified in FWCC Section 20-2, including effective use of land, promotion of safe and
convenient travel on streets, and provision for the housing needs of the community.
5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20-178
through 187. The plat will be consistent with these development standards, as described in the
analysis above.
FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds as follows:
1. The proposed action is to subdivide a preliminary plat to subdivide one parcel (3.84 acres) into ten
single-family residential lots.
2. The application was deemed complete on February 8,2007. The plat is subject to codes and policies
in place on that date, including the 2003 Federal Way Comprehensive Plan (FWCP).
3. The subject property is designated Single-Family High-Density in the 2003 FWCP.
4. Zoning for the site is RS-9.6 (minimum lot size 9,600 square feet). The proposed residential
subdivision and density is consistent with applicable zoning and subdivision regulations.
5. A combined Notice of Application/Determination of Non significance was posted on February 13,
2007. Two comment letters were received during the initial comment period. A Final DNS was
issued for the proposed action on April 23, 2007. No comments or appeals regarding the Final DNS
were received.
6. As proposed, each lot contains an adequate size and shape building envelope to contain a single-
family residence. Building setback lines are identified on the preliminary plat map.
7. No open space is proposed on site. Pursuant to FWCC Section 20-155, the applicant has proposed
fee-in-lieu of on-site open space, which the Director of Parks finds to be acceptable.
8. No regulated environmentally critical areas are on the site. The site was reviewed by the applicant's
wetland biologist and the City's consultant wetland biologist.
9. No trees which meet the definition of "significant trees" exist on the site.
I O. Sheet PP-02 shows clearing and grading limits corresponding to the right-of-way improvements,
utilities, stormwater tract, landscape tract, and access tracts.
II. The applicant has shown the location of a landscape tract along the property line of Interstate 5.
Since 29th A venue South is not an arterial, no landscape tract is required along it.
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12, Development of the site will create runoff fr-om new impervious surfaces such as streets, driveways,
and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM
and the City's amendments to the manual. The applicant's preliminary storm drainage TIR, was
reviewed and accepted by the City's Public Works Department. Final review and approval of the
storm drainage facilities as shown on the engineering plans will occur as part of the final plat
process.
13. Public Works staffhave reviewed the project and concluded that, as conditioned in this report, the
proposed street layout and street improvements of the subdivision are consistent with adopted codes
and the Comprehensive Plan.
14. Based on the concurrency analysis for this project, the applicant is required to pay the City of
Federal Way $26,011 (twenty-six thousand and eleven dollars) towards traffic mitigation.
15. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to
serve the proposed development. It is the applicant's responsibility to secure all necessary water and
sewer services from the utility provider.
16. Unusual levels of noise exist at the site due to the presence of Interstate 5 and the SeaTac Airport
flight path. Noise reduction construction techniques can mitigate the noise.
17. The set of preliminary plat drawings and all attachments have been reviewed for compliance with
the Federal Way Comprehensive Plan, FWCC Chapter 18, "Environmental Protection," Chapter 20,
"Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. As proposed,
and recommended by staff, the preliminary plat is consistent with the FWCP and the applicable
codes and regulations.
RECOMMENDATION
Based on review of this application, the environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends conditional approval of the preliminary
plat.
CONDITIONS
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 percent of the most recent assessed value of the property at the time
of final plat.
2. Prior to approval of the final plat, the applicant must dedicate to the City, via statutory warranty
deed, 30 feet of right-of-way for 29th A venue South and develop the right-of-way to City standards.
3. Prior to approval of the final plat, the applicant shall revise the plans to show a 15-foot-wide "Tract
X" (currently shown as a I5-foot-wide "Tract D") for future dedication to the City (through Statutory
Warranty Deed), and the applicant shall specify on the plans that the Tract X will serve as a private
driveway for the existing house on the proposed Lot 1, until such time as the City can obtain the full
right-of-way width. The developer must sign a Tract X Agreement which will be referenced on the
final plat.
4. Prior to approval of the final plat, the plans must be revised to include terms of the water and sewer
easement rights and benefits across Tract A, pertaining to Lots 5 through 8, to the satisfaction of
Lakehaven Utility District.
5. The applicant shall include noise reduction building techniques in the construction plans for the new
homes, such as special windows; prior to approval of the building permit for each new house, the
noise reduction measures must be approved by the Building Official's Office. (The applicant is
encouraged to check with the Building Official's Office regarding noise reduction measures, prior to
submitting building permit applications.)
Abby's Lane Preliminary Plat
Staff Report to the Hearing Examiner
Page 14
File No, 07-1 001 85-00-SU/ Doc. 1:0 40589
LIST OF EXHIBITS
Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the
Hearing Examiner.
I. Set of plans by ESM Consulting Engineers (Federal Way), revised July 9,2007, receivedJuly 12,
2007, including the foll<?wing:
· Sheet I, Preliminary Plat
· Sheet 2, Preliminary Grading and Utility Plan
· Sheet 3, Existing Conditions Survey
· Sheet L-I, Preliminary Landscape Plan
· Sheet L-2, Preliminary Landscape Plan (continued)
2. Zoning and Vicinity Map
3. Aerial Photography Map
4. Quarter Section Map
5. Master Land Use Application, received August 18,2005
6. Notice of Application + Optional Determination of Non significance (DNS), February 13,2007
7. Comment Letter from Dalene Sheets, February 25,2007
8. Response letter from Matt Cyr of ESM to Dalene Sheets, July 3, 2007
9. Comment Letter from Amber Santiago, Puyallup Tribe of Indians, February 27,2007
10. Final SEPA DNS, April 23, 2007
11. SEPA checklist, submitted January 11,2007, annotated by Andy Bergsagel, February 9,2007
12. King County Certificate of Water Availability
13. King County Certificate of Sewer Availability
14. Abby's Lane Preliminary Technical Information Report (TIR), prepared by ESM Consulting
Engineers, dated May 16,2007, received May 29, 2007
15. Noise Evaluation, by Optimum Environment (Issaquah), received January 11,2007
16. Policy of Title Insurance, received January 11,2007
17 . Wetland and Stream Analyses:
a. Wetland Reconnaissance Report, by Chad Armour, LLC (Bellevue), August 14,2006
b. Consultant analysis: Technical Memorandum, from Suzanne Bagshaw of Otak (Kirkland),
October 26, 2006
c. Letter from Andrew Bauer (City of Federal Way) to Ty Pedergraft ofMT Land Development, Re:
Wetland Decision, dated October 26, 2007
18. Traffic "Concurrency Decision," issued by the Public Works Traffic Division, February 15,2007
19. Letter from Will Appleton to Howard Harris, dated June 25, 2007
20. Right-of-way Modification Approval Letter, File No. 07-102885, dated July 26,2007
21. Planned Street Sections Map
22. FWCC Chapter 20, Subdivisions, as in effect at the time of complete application
23. Notice of Hearing
TRANSMITTED TO THE PARTIES LISTED HEREAFTER
· Phil Olbrechts, Federal Way Hearing Examiner (via City Clerk)
· Agent: ESM Consulting Engineers, Attn: Matt Cyr, 33915 1st Way South, Suite 200, Federal Way, WA 98003
· Owner: Tracy Sears, do MT Land Development LLC, PO Box 517, Auburn, W A 98092
· Ann Dower, Public Works Development Engineering
· Soma Chattopadyhays, Public Works Traffic
· Chris Ingham, South King Fire and Rescue
· Brian Asbury, Lakehaven Utility District
· Commenter #1: Dalene Sheets, 28231 29th Avenue South, Federal Way, W A 98003
· Commenter #2: Amber Santiago, Puyallup Tribe of Indians, 3009 East Portland A venue, Tacoma, W A 98404
Abby's Lane Preliminary Plat
Staff Report to the Hearing Examiner
Page 15
File No. 07-100 I 85-00-SUI 00c.1D 40589
/rl/./O) !jI\ renT
;, .J/lr)1/~!lr !
L_ l;.,.,.. - ,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING ABBY'S LANE
PRELIMINARY PLAT, FEDERAL WAY FILE NO. 07-100185-00 SUo
WHEREAS, the owner, MT Land Development LLC, applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as Abby's Lane, and consisting of 3.84
acres into ten (10) single-family residential lots located between 29th Avenue South and Interstate-5, just north
of South 284th Street; and
WHEREAS, on April 23, 2007, a final Environmental Determination of Non sign ificance (DNS) was
issued by 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 August 22, 2007, held a public hearing concerning
Abby's Lane preliminary plat; and
WHEREAS, following the conclusion of said hearing, on September 6, 2007, the Federal Way Hearing
Examiner issued written Findings of Fact, Conclusions of Law and Recommendation containing findings and
conclusions, and recommending approval of the Abby's Lane 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 October 1,2007, the City Council Land Use and Transportation Committee considered
the record and the Hearing Examiner recommendation on Abby's Lane 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 Abby's Lane preliminary plat to the full City Council, with no
changes to the Hearing Examiner recommendation; and
WHEREAS, on October 16, 2007, the City Council considered the record and the Hearing Examiner
recommendation on Abby's Lane 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 of Law.
1. The findings of fact and conclusions oflaw of the Hearing Examiner's September 6, 2007
Findings of Fact, Conclusions of Law 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 H~aring
Examiner Findings of Fact and Conclusions of Law contained therein as adopted by the City Council
immediately above, Abby's Lane preliminary plat, Federal Way File No. 07-100185-00 SU, is hereby
approved, subject to conditions as contained in the September 6, 2007 Findings of Fact, Conclusions of Law
and Recommendation of the Federal Way Hearing Examiner (Exhibit A).
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 platting or subdivision ofthe 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 _ DAY OF
,2007.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, LAURA HATHAWAY
APPROVED As To FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED By THE CITY COUNCIL:
RESOLUTION NO.
.~_~!I~.~~.~_~.~~!~~~!l~.!.~.~_Q~!.?~er 16, 2~~?__...____
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: UNFIT STRUCTURES CODE AMENDMENT
POLICY QUESTION: Should the Federal Way City Code (FWCC) be amended to implement the process and to acquire the
powers authorized by RCW 35.80 to address conditions which render dwellings, buildings, structures, and other premises unfit for
human habitation and other uses?
COMMITTEE: Land Useffransportation Committee
MEETING DATE: October 1,2007
CATEGORY:
o Consent
o City Council Business
18I Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REpORT By: City Staff Attorney Monica Buck
DEPT: Law
Currently, the city uses the International Property Maintenance Code to deal with structures that are derelict, deserted, or generally
unfit for habitation. The proposed ordinance adopts the process for eliminating unfit structures outlined in RCW 35.80.
The ordinance was presented to the LUTC on September 17,2007. The LUTC had questions regarding the process of collecting
abate'ment costs and tabled the proposed ordinance to the next LUTC (October 1,2007) to give staff time to respond to the LUTC's
questions and concerns.
The City has abated dangerous buildings on two occasions and attached the cost of abatement as a tax assessment/lien. In 1999, the
City abated a mobile home for $10,281, and in 2001, the City abated a single dwelling unit for $19,621.05. The City Council
confumed the cost of abatement by resolution and the City forwarded it to the County for collection. In both cases, the City
recovered its costs in full. Staff has made a few minor modifications to the ordinance for internal consistency.
Attachments: I) Staff Memo on Unfit Structures Code Amendment; 2) Table on Collection of Abatement Costs; and 3) Proposed
Ordinance.
.--.----.--.------------..------.------..----------.-._._----_..._----_._-_._---------_._-_._~---_._..~._._-._......_._._---_._.~._--
Options Considered: I) Adopt the proposed ordinance as presented by staff with the tax assessment abatement method, per
RCW 35.80; 2) Adopt the proposed ordinance with modifications; 3) Do not adopt the proposed ordinance.
STAFF RECOMMENDATION: Staff recommends approval of Option #1; adopt the proposed ordinance as presented by staff with
the tax assessment abatement method, CW 35.80.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
0#1(.
Committee
CoWlCil
Council
COMMITTEE RECOMMENDATION: Approve Option #1 and forward the ordinance for first reading to the full Council on
October 16, 2007.
Jack Dovey Chair
Dean McColgan
Linda Kochmar
PROPOSED COUNCIL MOTION: "I move approval of the LUTC's recommendation to adopt the ordinance with amendments
to the FWCC ..
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDlDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
1:IDOCUMENT\2007 Building Code ChangelUnfn Struc'ures 2nd Agenda Bin.doc
COUNCIL BD..L 1#
I Sf reading
Enactment reading
ORDINANCE 1#
RESOLUTION 1#
Department of Community Development Services
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
253-835-2601 - Fax: 253-835-2609
www. cityoff~geralway .CQITI
CITY OF
Federal Way
MEMORANDUM
DATE: September 5,2007
TO: Jack Dovey, Chair
Land Use/Transportation Committee
FROM: R. Lee Bailey, Building Official
VIA: Neel Beets, City Manager
MEETING DATE: September 10,2007
SUBJECT: Unfit Structures Code Amendment
BACKGROUND
Currently the city uses the International Property Maintenance Code to deal with structures that are
derelict, deserted, or generally unfit for habitation. This is a costly, long drawn out process sometimes
taking years to resolve. Adoption of this ordinance will result in the city being able to use the process for
eliminating unfit structures outlined in RCW 35.80. This process will not only save the city time and
money, it designates the city's expenses as tax liens, which are recoverable in three years and do not
require a warrant of abatement.
SUMMARY OF CHANGES TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 1
The proposed addition to the FWCC Chapter 1 will adopt a process to deal with unfit structures in the
City of Federal Way. The ordinance describes the process from initial complaint through final resolution,
It contains definitions of unfit structures, identifies the city's "improvement officer" and "appeals
commission," outlines the enforcement and appeal processes, and sets deadlines. Proposed additions are
shown as underline.
I\DQCUMENT\2007 Building Code Change\Unfit Structures Memo.doc
Collection of Abatement Costs
At the September 1 ih Land Use and Transportation Council Committee meeting, several
questions arose regarding the process of collecting abatement costs under the proposed Unfit
Buildings Ordinance. The City has two options for collecting these coasts. The table below is
intended to compare these two options.
Tax Assessment/Lien (RCW 35.80)
Judgment Lien (RCW 4.56)
Procedure
· eity certifies the amount to the eounty
Treasurer.
· County Treasurer enters the amount on
the tax rolls against the property for the
current year.
· At this point, the County is responsible for
collecting the assessment.
· If the assessment becomes delinquent by 3
years, the County may foreclose.
· The property owner may pay the
delinquency up until the day before the
sale.
General Information
· Fairly simple process and does not require
a court order.
· Attaches to the real property regardless of
ownership - therefore, a property owner
cannot simply transfer title to another
person to dispose of an asset and avoid
payment.
· Tax liens have priority over all other
debts, including judgments
Procedure
. City files required pleadings in Superior
Court. Filing fee = $200
. Appear in court to obtain an order
granting judgment.
. Judgment remains in effect for 10 years
(but can be renewed).
General Information
. Attaches to the property of the judgment
debtor.
. If the judgment debtor transfers the
property, the property remains subject to
the lien, but the lien may not be satisfied
simply by transfer (i.e. quit claim deed).
. Usually satisfied from the sale proceeds
when the property is sold.
1:\DOCUMENT\2007 Building Code Change\Table - Collection Methods.doc
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMDENDING CHAPTER 1, ARTICLE III, OF THE FEDERAL
WAY CITY CODE TO IMPLEMENT THE PROCESS AND TO ACQUIRE THE
POWERS AUTHORIZED BY CHAPTER 35.80 RCW TO ADDRESS CONDITIONS
WHICH RENDER DWELLINGS, BUILDINGS, STRUCTURES, AND OTHER
PREMISES UNFIT FOR HUMAN HABITATION AND OTHER USES.
WHEREAS, there exist within the City of Federal Way dwellings that are unfit for human habitation and
buildings, structures, and premises or portions thereof, which are unfit for other uses, due to conditions of
dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities,
inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage,
overcrowding, or other conditions harmful to the health and welfare of the residents of the Federal Way; and
WHEREAS, the City of Federal Way recognizes the detrimental effects on public health, safety, and welfare
stemming from unfit dwellings, buildings, structures, and premises at various locations throughout the City;
and
WHEREAS, Chapter 35.80 RCW authorizes cities to adopt ordinances that enable cities to address such
conditions fairly, effectively, and with reasonable assurance that costs incurred by the City to abate such
conditions will be recovered.
NOw, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. New sections are added to Chapter 1, Article III, "Civil Enforcement of the Code," of the
Federal Way City Code to read as follows:
1 2.., .-4.1dditiaBal eBfareemeBt meellaBism.
In additioF!. to, and in eombination with, the enforcement methods set f-orth in FWCC Chapter 1 Artiele III
and elsev/Rere in the Fcder-6ll W{;l'y' City Cede, violations of the Federal Wail City Cedcmavoe eF!.f-orced under
the l'lrovisions set forth iF!. FWCC 1 26 throl:lcll. 1 10.
ORD #07-
, Page 1
1-28.6. RCW ChllPter 35.80. lldopted Additional enforcement mechanism.
RCW Chapter 35.80. "Unfit Dwellings. Buildings. and Structures." as it currentlv exists or is hereinafter
amended. is herebv adopted.
1-27 Findines.
It is found that there exist in the City of Federal WaVe dwellings. and other buildings. structures. and
premises which are unfit for human habitation and which are unfit for other uses due to dilapidation. disrepair.
structural defects. defects increasing the hazards of fire. accidents. or other calamities. inadequate drainage.
overcrowding. or due to other conditions which are detrimental to the health and welfare of the residents of the
City. Dangerous or lffi.fit bBuildings or structures unfit for human habitation as defined bv FWCC 1 ~2.2 are
declared to be public nuisances.
1-298. Improvement officer and appeals commission desienated.
(a) The City of Federal Wav Hearing Examiner is designated as the City's "Improvement Officer." and
shall have the full scope of authority granted to that official under Chapter 35.80 RCW. except that the City
Building Official. or his or her designee. shall provide all administrative functions such as the inspection of
buildings. or portions thereof. for the purpose of determining whether anv conditions exist which render such
buildings dangerolis or unfit for human habitation pursuant to FWCC 1 ~22.
(b) The City of Federal Way City Manager. or his or her designee. is designated as the City's "Appeals
Commission." and shall have the full scope of authoritv granted so that commission under Chapter 35.80 RCW.
1~22 DSB2:erous or liBfit hliildiB2:s or struetlires Buildin~ or structure unfit for human
habitation or use defined.
A..Bhuildings or structures which ffiwe has. anv or all of the following defects shall be deemed a
"dangerous or 1:lnfit buildings or structures unfit for human habitation or use":
(a) Those whose interior walls or other vertical structural members list. lean or buckle to such an
extent that a lJlumb line passing through the center of gravity falls outside the middle third of its base;
ORD #07-
, Page 2
(b) Those which. exclusive ofthe foundation. show 33 percent. or more. of damage or deterioration of
the supporting member or members. or 50 percent of damage or deterioration of the non-supporting enclosing
or outside walls or covering:
(c) Those which have improperly distributed loads upon the floors or roofs or in which the same are
overloaded, or which have insufficient strength to be reasonably safe for the purpose used:
(d) Those which have become damaged bv fire. wind. or other causes so as to have become dangerous
to life. safety. morals. or the general health and welfare ofthe occupants or the people of the City of Federal
Way:
ORD #07-
, Page 3
(k) Those which in whole or in part are erected, altered, remodeled, or occupied contrary to the
ordinances adopted bv the city:
(1) Those which have any exterior wall located adiacent to a public way, or to a way set apart for exit
from a building or passage of pedestrians, if such wall is not so constructed, anchored, or braced as to remain
wholly in its original position in event of an earthquake capable of producing a lateral force equal of 0.2 of
gravity.
1-3!.O Standards for repair. vacation. or demolition.
The following standards shall be followed in substance by the Improvement Officer and the Appeals
Commission in ordering repair, vacation, or demolition of buildings or structures:
( a) If the "daagerous or l:lfl.fit building or structure unfit for human habitation or use" can reasonably be
repaired so that it will no longer exist in violation of the terms of this Chapter, it shall be ordered repaired bv
the Improvement Officer or bv the Appeals Commission, on appeal.
(b) If the "dangerous or l:lfl.fit building or structure unfit for human habitation or use" is 50 percent
damaged, decayed, or deteriorated in value it shall be demolished. Value as used herein shall be the valuation
placed upon the building or structure for purposes of general taxation.
(c) If the "dangerous or lomfit building or structure unfit for human habitation or use" cannot be
repaired so that it will no longer exist in violation of the terms of this Chapter it shall be demolished.
(d) If the "dangerol:ls or lH1fit building or structure unfit for human habitation or use" is a fire hazard,
existing or erected in violation of the terms of this Chapter or anv other ordinance of the City of Federal Wav
or the laws of the state of Washington, it shall be demolished, provided the fire hazard is not eliminated by the
owner within a reasonable time.
1-3~1 Issuance of complaint.
If, after a preliminary investigation of any dwelling, building, structure, or premises, the City Building
Official. or his or her designee, finds that it is unfit for human habitation or other use, the Building Official. or
his or her designee, mav issue a complaint conforming to the provisions ofRCW 35.80.030, stating in what
ORD #07-
, Page 4
respects such dwelling. building:. structure. or -premises is unfit for human habitation or other use. In
determining whether a dwelling. building. structure. or premises should be repaired or demolished. the
Building Official shall be guided by the Federal Wav Citv Code. specifically FWCC I-W29. and such other
codes adopted pursuant to the Federal Wav Citv Code as the Building Official deems applicable. in particular
the most recent edition of the International Prooertv Maintenance Code.
1-3~2 Service of complaint.
A complaint issued under this Chapter shall be served on the parties and posted on the subiect property
pursuant to RCW 35.80.030, and shall also be filed with the King County Auditor. All complaints or other
documents posted on the subiect property shall remain in place until the complaint has been resolved. For
purposes of service. such complaints or other documents are deemed effective on the dav of posting.
1-343. Complaint hearinl!.
Not less than ten davs nor more than 30 days after serving a complaint. the Improvement Officer shall
hold a hearing conforming: to the provisions ofRCW 35.80.030. at which all parties in interest shall be given
the right to appear in person. to bring witnesses. and to give testimony regarding the complaint. At any time
prior to or at the time of the hearing. any party may file an answer to the complaint. Such a hearing shall be
governed by the City of Federal Way Hearing: Examiner's Rules. which shall be available for public inspection
at the Federal Wav Department of Community Development Services.
I-3M Determination. findinl!s of fact. and order.
Within ten days of the complaint hearing. the Improvement Officer shall issue a Determination. Findings
of Fact. and Order. conforming to the provisions ofRCW 35.80.030m. stating the Improvement Officer's
determination as to whether the subiect dwelling. building. structure. or premises is unfit for human habitation
or other use; the findings of fact supporting the determination; and an order specifying the actions necessary to
address anv unfitness. and a deadline for completing the actions. In issuing the Determination. Findings of
Fact. and Order. the Improvement Officer shall be guided by the Federal Wav Citv Code. specifically FWCC
1-3G29 through 1-3+Q. and such other codes adopted pursuant to the Federal Wav Citv Code as the
ORD #07-
, Page 5
Improvement Officer deems applicable. The Determination, Findings of Fact, and Order shall be served and
posted as set forth in FWCC 1-33-2, and ifno appeal is filed within the deadline specified in FWCC 1-3e.5., a
copv of the Determination, Findings of Fact, and Order shall be filed with the King County Auditor.
1-36.5. Appeal to appeals commission.
Within 30 days of service of a Determination. Findings of Fact, and Order, any party may file an appeal to
the Appeals Commission. The Appeals Commission shall conduct a hearing on the appeal and issue a ruling
within 60 days from the date the appeal is filed; and if the Appeals Commission issues any oral findings of
fact, the ruling shall contain a transcript of such findings in addition to anv findings issued at the time of the
ruling. The ruling shall be served and posted as set forth in FWCC 1-33-2, and ifno appeal is filed within the
deadline specified in FWCC 1-3-76, a copv of the ruling shall be filed with the King County Auditor.
1-3+6. Appeal to superior court.
Any person affected by a Determination, Findings of Fact. and Order issued by the Improvement Officer,
who has brought an appeal before the Appeals Commission pursuant to FWCC 1-3e5 mav, within 30 days
after the Appeals Commission's ruling has been served and posted pursuant to FWCC 1-33-2, petition the King:
County Superior Court for an iniunction restraining the Building Official. or his or her designee, from carrying
out the provisions of the Determination, Findings of Fact. and Order. In all such proceedings, the Court is
authorized to affirm, reverse, or modify the order, and such trial shall be heard de novo.
1-381 Remediation/penalties.
If a party, following exhaustion of the party's rights to appeal. fails to comply with the Determination,
Findings of Fact, and Order, the Building Official. or his or her designee, may direct or cause the subiect
dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or
demolished pursuant to Chapter 35.80 RCW.
1-39.8 Tax lien.
The cost of any action taken bv the Building Official. or his or her designee, under FWCC 1-3-87 shall be
assessed against the subiect property pursuant to Chapter 35.80 RCW. Upon certification by the City of
ORD #07-
, Page 6
Federal Way finance director, or his or her designee, that the assessment amount is due and owing, the King
County Treasurer shall enter the amount of such assessment upon the tax rolls against the subiect property
pursuant to the provisions ofRCW 35.80.030.
1-403..2. Salva2e.
Materials from anv dwelling, building, structure, or premises removed or demolished bv the Building
Official, or his or her designee, shall, if possible, be salvaged and sold as ifthe materials were surplus property
of the City of Federal Wav, and the funds received from the sale shall be credited against the cost of the
removal or demolition: and ifthere be any balance remaining, it shall be paid to the parties entitled thereto, as
determined bv the Building Official, or his or her designee, after deducting the costs incident thereto.
Section 2. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder
of the ordinance, or the validity of its application to other persons or circumstances.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors,
references, ordinance numbering, section/subsection numbers, and any references thereto.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of
its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,2007.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, LAURA HATHAWAY, CMC
ORD #07-
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ApPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
I:IDOCUMENT\2007 Building Code Change\Unfit Structures Ordinance. doc
ORD #07-
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