Res 07-504
RESOLUTION NO. 07-504
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASIDNGTON, 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 significance (DNS) was
issued by the Director of F ederal Way's Department of Community Development Services pursuant to the
State Environmental Policy Act (SEP A), Chapter 43.21 C; 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 fmdings 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
A TrEST:
APPROVED As To FORM:
/ a?0/1. ;tt~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: / tJ//t?11J'7
PASSED By THE CITY COUNCIL: /0/1 ~ /07
/ /
RESOLUTION No. 07 -:5oC-/
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Abby's Lane
Preliminary Plat
PL T07 -100 185-00-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:
I. 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.
Su bstan tive:
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.
{PA0672554.DOC; 1/13041.9Oooo0/}
Preliminary Plat Reconunendation
p. I
Findings, Conclusions and Recommendation
4. Characteristics of the Area. The property is located between 29th Avenue 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-l). 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 (FWCC 22-1369)
imposing state well separation requirements designed to protect water quality. A condition of
approval (Condition 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 A06 72554.DOC; 1/13041.900000/}
Preliminary Plat Reconunendation
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 1 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 (Condition No.4)
requiring that the easement be revised to meet the needs of the Lakehaven Utility
District.
I P A0672554.DOC; 1/1 3041.900000/}
Preliminary Plat Reconunendation
p.3
Findings, Conclusions 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 Condition' No. 4
requires the applicant to modify the terms of the sewer easements to the. satisfaction
of Lakehaven Utility District.
· Schools: The City 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:
I. 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 thefollowinfJ. 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
{pA0672554.DOC;1/13041.900000/}
Preliminary Plat Reconunendatio~
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 20-2: 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 infiU 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 City's zoning code sets the standard for adequacy of light and air and for these reasons the
above criteria is satisfied.
{P A0672554.DOC; 1/\3041.900000/}
Preliminary Plat Reconunendation
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 City 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; 1/13041. 9OOOO0/}
Preliminary Plat Reconunendation
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. )
I 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; l/13041.900000/}
Preliminary Plat Recommendation
p. 7
Findings, Conclusions and Recommendation
6. Any improvements made to the subject property shall comply with the requirements in
Chapter 173-160 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
{PA0672SS4.DOC; 1/13041.900000/}
Preliminary Plat Recommendation
p.8
Findings, Conclusions and Recommendation
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