LUTC PKT 06-02-2008City of Federal Way
City Council
Land Use/Transportation Committee
June 2, 2008 City Hall
5:30 p.m. Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: May 19, 2008
3. PUBLIC COMMENT (3 minutes)
4. BUSINESS ITEMS
A. Federal Way Village — Preliminary Plat
I:
Is
21
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
Committee Members
Linda Kochmar, Chair
Jim Ferrell
Dini Duclos
G: WTOLUTC Agendas and Summaries 200816-02-08 LUTC Agenda.dm
Action Shull/15 min.
City staff
Cary M. Roe, P.E., Assistant City Manager/Emergency Manager
Darlene LeMaster, Administrative Assistant 11
253-835-2701
May 19, 2008
5:30 PM
City of Federal Way
City Council
Land Use/Transportation Committee
MEETING MINUTES
City Hall
City Council Chambers
In attendance: Committee Chair Linda Kochmar, Council Member Jim Fennell, Committee Member Dini Duclos, Assistant
City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Deputy Public Works Director Ken Miller, City
Staff Attorney Monica Buck, Planning Manager Isaac Conlen, Senior Planner Janet Shull, Senior Financial Analyst Mark
Turley, Director of Community Development Services Greg Fewins and Administrative Assistant II Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Kochmar called the meeting to order at 5:30 PM.
2. APPROVAL OF MINUTES
The May 5, 2008 LUTC meeting minutes were approved.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
3. PUBLIC COMMENT
There was no public comment.
4. BUSINESS ITEMS
A. Butko Notice of Intention to Petition for Annexation
Janet Shull provided background information on this item. Committee Member Duclos asked if the additional
seven parcel owners have indicated an interest in annexing. Ms. Shull responded that staff has no knowledge
of whether or not neighboring parcel owners are aware of Butko's petition of intent to annex or the option for
them to annex as well. If this item is forwarded as recommended to include the additional seven parcels, each
property owner will have to be made aware in order to signor not sign the petition to annex. Without
including the other seven parcels, Mr. Butko will still go through the process of petitioning for annexation. If
Council decides to approve the request, the item will still go before a public hearing where neighboring
owners may want to be part of the annexation, but will have to go through the process all over again.
Committee Member Duclos wants to accommodate the resident (Mr. Butko) wishing to incorporate but is
cautious about the other parcels in question, especially after the last election where the annexation vote failed.
Committee Member Duclos would like to make sure the other parcel owners would like to be annexed into the
City prior to moving staff's recommendation forward.
Committee Chair Kochmar asked what about if others don't want to annex into the City but Mr. Butko still
does. Ms. Shull stated that staff feels that contiguous boundary lines are still preferred. Because of this, it
will take some work on the part of Mr. Butko to communicate to his neighboring parcel owners to obtain their
support and their signatures on the petition. If neighboring parcel owners don't want to be included, it will
ultimately be up to Council whether or not to accept the annexation request of just one parcel. Chair Kochmar
inquired to the rush to make a decision on this issue. Ms. Shull responded that in the case of this notice of
intent to petition for annexation by Mr. Butko, action is required by the City within 60 days of receipt of the
notice.
Committee Member Ferrell is in support of Option 2 and feels this proposal is very doable and could also be
in the best interest for all of the parcel owners. When it comes to law enforcement and emergency response, it
is important for responding agencies to know exactly where City boundary lines lie. The Committee
supported this option with the caveat that all of the other seven property owners are contacted and informed of
Mr. Butko's petition for annexation and the option for their parcel to be included in the annexation prior to the
G:\LUTC\LUTC Agendas and Summaries 2008\5-19-08 Minutes.doc
Land Use/Transportation Committee
19.2008
next Council meeting on June 3`d. If modifications are needed to the Committee's recommendation after
contacting all of the property owners, the recommendation can be amended at the June 3`d City Council
meeting.
Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0
Committee PASSED Options 2 and 4 to the June 3, 2008, City Council Consent Agenda for approval, as
amended to include contacting the other seven parcel owners prior to the June 3`d City Council meeting.
B. Graham Short Plat — Side Sewer Easement
Ken Miller provided background information on this item. There was no discussion. Mr. Miller addressed a
revision to the motion on the agenda item.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 2-0
Linda Kochmar recused herself. Committee PASSED Option 1 to the June 3, 2008, City Council Consent
Agenda for approval, as amended to read, " I move that the Assistant City Manager executes the attached
easements for a sanitary side sewer across a portion of Tract B in favor of the Graham Short Plat and the
adjacent single-family parcel to the south."
5. FUTURE MEETING
The next regularly scheduled LUTC meeting will be held June 2, 2008 at 5:30 PM.
6. ADJOURN
The meeting adjourned at 6:04 PM.
G:\LUTC\LUTC Agendas and Summaries 2008\5-19-08 Minutes.doe
COUNCIL MEETING DATE: June 17, 2008 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Federal Way Village Preliminary Plat
POLICY QUESTION: Should the City Council approve the proposed 95 -lot zero -lot line townhouse Preliminary
Plat for Federal Way Village?
COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: June 2, 2008
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other: Information Only
STAFF REPORT BY: Senior Planner Janet Shull, AICP DEPT: Community Development
Summary/Background: The Federal Way Village Preliminary Plat is proposed for the western '/2 of the 45 -acre Federal
Way Village Master Plan development. Process III — Director's Design Decision was granted on January 11, 2008, for mixed-
use development proposed for the eastern '/2 of the overall master planned site. Process IV — Hearing Examiner Approval for
filling of two small wetlands and wetland buffer encroachments was issued on April 30, 2008. Staff will make a brief
presentation at the June 2, 2008, LUTC meeting.
Attachments: 1) April 30, 2008, Federal Way Village Hearing Examiner Recommendation and 2) April 4, 2007,
Preliminary Plat Staff Report, reduced scale preliminary plat map, and draft City Council Resolution for Federal Way Village
Preliminary Plat. Refer to the "Federal Way Village" binder in the City Council office for a complete copy of the April 4,
2007, staff report with all the exhibits.
Options Considered:
1. Adopt the Hearing Examiner Recommendation and approve the Federal Way Village Preliminary Plat Resolution.
2. Reject the Hearing Examiner Recommendation.
3. City Council may adopt its own recommendations and approve the Federal Way Village Preliminary Plat Resolution.
4. City Council may adopt its own recommendations and disapprove the Federal Way Village Preliminary Plat Resolution.
STAFF RECOMMENDATION: Council approval of the Federal Way Village Preliminary Plat resolution, based on the
findings, conclusions, and recommendation of the Federal Way Hearing Examiner (Option #1).
CITY MANAGER APPROVAL: lin (W
DIRECTOR APPROVAL:
o C e to Council to Committee To Council
COMMITTEE RECOMMENDATION: "I move Option #1 to the June] 7, 2008, City Council Consent Agenda for approval. "
Linda Kochmar, Chair Dini Duclos, Member Jim Ferrell, Member
PROPOSED COUNCIL MOTION: " 1 move adoption of the Hearing Examiner recommendations and approval of the
Federal Way Village Preliminary Plat Resolution. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED -02/06/2006 RESOLUTION #
File #06 -106382 -00 -SU Doc. I.D. 43582
April 30, 2008
Laura K. Hathaway
City Clerk
City of Federal Way
P. O. Box 9718
Federal Way WA 98063-9718
DEN D EC�EIVE
UIRRHY
� APR 3 Q
P. L . L . City Clerks Office
ATTORNEYS . C.
T LAW
City of Federai way
N. Kay Richards
Legal Assistant
206.447.2231
krichards@omwlaw.com
Re: Federal Way Village Decisions - 06 -106382 -00 -SU and 07 -102851 -00 -UP
Dear Laura:
At the request of Phil Olbrechts, enclosed are copies of the executed originals of the above -
referenced decisions.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
%L•
N. Kay Richards, Legal Assistant to
Phil Olbrechts
/nkr
Enclosures
Established 1902
A Member of the International Lawyers Network with independent member law firms worldwide
1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 • 206.4477000 • Fax: 206.4470215 • Web: www.omwlaw.com
1 PA0694675.DOC;1 / 13041.900000/ 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF
Phil Olbrechts, Hearing Examiner
rn lJ E O V
IJ
APR 3 0 2n
'.RA WAY
City Clerks Office
City of Federal way
RE: Federal Way Village, LLC
FINDINGS OF FACT, CONCLUSIONS OF
File No. 06 -106382 -00 -SU LAW AND RECOMMENDATION
INTRODUCTION
The applicant requests approval of a preliminary plat to subdivide 25.47 acres into 95 zero -lot
line townhouse residential lots. The Examiner recommends approval subject to conditions
recommended by staff.
ORAL TESTIMONY
Staff summarized the staff report and staff and the applicant answered some questions from the
Examiner. There was no testimony in opposition and the staff report and exhibits contained all
information necessary to evaluate the proposal.
EXHIBITS
See list of exhibits at pp. 21 and 22 of the April 4, 2008, staff report prepared by Senior Planner
Janet Schull.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Federal Way Village, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 10:00 a.m. at
Federal Way City Hall on April 16, 2008.
Substantive:
3. Site/Proposal Description. The applicant proposes to subdivide an approximate 25.47
acre site into 95 zero -lot line townhouse residential lots. The proposed preliminary plat map
(Exhibits Al -A3), along with conceptual grading and utility plan (Exhibits A6 -A7), tree
retention plan (Exhibit A8), and a preliminary landscape plan (Exhibits A9 -All) have been
submitted into the record. Two large wetlands with 100 -foot buffers are located to the east and
west of the proposed zero -lot line townhouse development. Subdivision development would
occur in a portion of the site located between the wetland buffers. On the east side of Wetland 2
is the site of the proposed commercial mixed-use portion of the Federal Way Village Master
Plan, which will include over 300,000 square feet of commercial, retail, office, and multifamily
residential development. The site is located in the east -central portion of the City, southwest of
1 PA0694672.DOC; I /13041.900000/)
Preliminary Plat Recommendation P. 1 Findings, Conclusions and Recommendation
the intersection of South 336'h Street and Pacific Highway South (Exhibit B). The site is
accessed from South 336th Street via a proposed new Road A and from Pacific Highway South
via a new Road C. The subject site has a land area of approximately 44 acres. As shown on the
preliminary plat map, Sheets 3 and 4 of 14, by ESM Consulting Engineers (Exhibit A2 -A3), all
lots in the zero -lot line townhouse plat meet or exceed the underlying code -required minimum lot
size of 1,500 square feet (RM 2400). These lots range in size from 1,560 to 3,343 square feet,
with an average lot size of 1,976 square feet. The subject site contains two wetlands (Wetlands 1
and 2). They are both regulated as Category II wetlands, with 100 -foot buffers. Two small
Category III wetlands (Wetlands 3 and 4) are located on the adjacent BC -zoned, proposed mixed
use portion of the overall Federal Way Village Master Plan site. Wetlands 3 and 4 are proposed
to be eliminated with development of the adjacent commercial mixed use development.
Mitigation for the filling of Wetlands 3 and 4 has already been implemented as part of the South
336th Regional Stormwater Detention Facility located just south of the subject site. In addition,
the site is located within ten-year contour areas associated with Critical Aquifer Recharge and
Wellhead Protection Areas.
4. Characteristics of the Area. The surrounding land uses are business and office parks and
community business. There is also a regional storage facility to the south. The property is
situated southeast of the central portion of the City in an area with a mixture of existing uses and
vacant property. The area to the north of the property and across South 336th Street is largely
developed with office uses. A senior housing development is located to the immediate west of
the property. A mixture of light industrial, business park development is located to the
southwest. Immediately south of the property is the South 336th Street Regional Storm water
Detention Facility. Immediately to the east of the proposed zero lot line subdivision is vacant
land zoned Community Business (BC). This BC -zoned area represents the balance of the
proposed 44 -acre Federal Way Village Master Plan development.
5. Adverse Impacts. The project has undergone a SEPA review and was issued a MDNS.
The mitigation measures identified were a transportation improvement plan and various
improvements to traffic signal. Approval of the preliminary plan will be subject to submittal and
approval of a tree clearing plan. Mitigation measures for wetlands on site have been addressed
separately. Protection of the Aquifer Recharge and Wellhead Protection Areas will be addressed
during the design and construction phase. The existing 336th Regional Stormwater Detention
Facility should be able to handle the additional stormwater runoff resulting from the project.
6. Adequacy of Infrastructure and Public Services. As mitigated by staff, adequate
infrastructure will serve development as follows:
• Transportation: As proposed and as required by the FWCC, all internal and external
public rights-of-way must be dedicated by statutory warranty deed to the City of
Federal Way and improved to all applicable FWCC street standards. Internal streets
are designed in accordance with the City's local access street standard with certain
modifications that were reviewed and approved by the Public Works Department (see
modification letter, Exhibit N).
• Open Space: To comply with the common open space requirements, the applicant
has proposed 34,679 square feet of common open space located in two tracts (Tracts
1PA0694672.DOC;1/13041.900000/)
Preliminary Plat Recommendation p. 2 Findings, Conclusions and Recommendation
G and N) located along the eastern edge of the development and western edge of the
buffer area associated with Wetland 2. Within these open space tracts, there is a
pedestrian trail system and three lots. The total proposed square footage devoted to
lots is 2,428 square feet (minimum required is 10 percent of 19,000 square feet, or
1,900 square feet). The common space and pedestrian trail is proposed adjacent to
the edge of the buffer area associated with Wetland 2. A text note addressing
dedication and maintenance provisions shall be noted on the face of the final plat and
pursuant to the subdivision code, homeowners association covenants are required to
be submitted for City review prior to final plat approval.
• Drainage: Development of the site will create additional run off from 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 existing South 3361h Regional Stormwater
Detention Facility provides mitigation for the runoff rate increases under improved
conditions of the development. Per the settlement agreement (Exhibit J), a portion of
the overall Federal Way Village Master Plan site will be permitted to discharge to the
existing South 336th Regional Stormwater Detention Facility. For areas of the site
not covered by the agreement, rights to detention will be purchased for a fee of
$5,022.0 per gross acre. Stormwater water quality shall be mitigated using approved
facilities in accordance with the 1998 KCSWDM and the City's amendments to the
manual. Final review and approval of the storm drainage facilities as shown on the
engineering plans will occur in conjunction with full drainage review. Stormwater
design and plat drainage elements must conform to the standards, policies, and
practices of the City of Federal Way's Surface Water Management Division, as
outlined in the adopted KCSWDM and City amendments, the Comprehensive
SU/face Water Management Plan, and the Stormwater System Operation and
Maintenance Manual. The approved storm drainage facilities must be constructed per
City code requirements, prior to final plat approval and recording of the subdivision.
• Water: The applicant proposes to serve the subdivision with a public water supply
and distribution system managed by the Lakehaven Utility District. The August 30,
2006, Certificate of Water Availability (Exhibit R) indicates Lakehaven's capacity to
serve the proposed development through a Developer Extension Agreement (DBA).
• Sewage: The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. An August 30, 2006, Certificate of Sewer
Availability (Exhibit Q) indicates the district's capacity to serve the proposed
development through a Developer Extension Agreement (DEA) between the
applicant and the district.
• Schools: As part of the City's review of the proposal, the preliminary plat application
was referred to the Federal Way School District for review. Panther Lake
Elementary, Ilahee Middle School, and Todd Beamer High School will serve the
proposed subdivision. All middle school and high school students from this
development would receive bus transportation to and from school, as these schools
are over one mile from the subject site. Students attending Panther Lake Elementary
( PA0694672.DOC;1/13041.900000/)
Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation
will walk to school via sidewalks proposed along Road A, connecting to existing
sidewalks on South 336"' Street and lst Way South. School service areas are
reviewed annually and may be adjusted to accommodate enrollment growth and new
development. School impact fees, as authorized by City ordinance and collected at
the time of building permit issuance, are currently $1,729.50 per zero -lot line
townhouse unit. School impact fees are determined on the basis of the District's
Capital Facilities Plan and are subject to annual adjustment and update.
• Fire Protection: The Certificate of Water Availability from 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 exact number and location of
fire hydrants will be reviewed and approved by South King Fire and Rescue.
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: Multifamily Residential - RM2400.
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 application is subject to the adopted Federal Way Comprehensive Plan (FWCP),
which designates the property as Multifamily. The proposed land use, Residential Multifamily
2400 (RM -2400), with 1,500 square foot minimum lot size, is consistent with density allowances
and policies applicable to this land use as established in the FWCP.
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 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 proposed, and
with conditions as recommended by staff, the preliminary plat will comply with all provisions of
the chapter.
{ PA0694672.DOC; 1/ 13041.900000/1
Preliminary Plat Recommendation p. 4 Findings, Conclusions and Recommendation
FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare.
6. The proposed preliminary plat would permit development of the site consistent with the
current Multifamily Residential land use classification of the FWCP and map. Proposed
vehicular access and fire hydrant locations must meet all requirements of South King Fire and
Rescue. Sidewalks are proposed to provide safe access to schools and school bus stops. Future
development of the plat in accordance with applicable codes and regulations should ensure
protection of the 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:
S. 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 served (or as conditioned will be served) by adequate infrastructure. 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 RM 2400 zoning
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 set the standard for adequacy of light and air and for these
reasons the above criterion is satisfied.
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.
1 PA0694672.DOC; 1/ 13041.900000/)
Preliminary Plat Recommendation p. 5 Findings, Conclusions and Recommendation
FWCC 20-2(6): Provide for proper ingress and egress:
11. According to staff, as conditioned, access to all lots will comply 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 20-111(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 above, mitigation measures for the nearby wetlands have been
completed or will be in conjunction with the approval on the fill and buffer averaging.
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. The project incorporates features designed to comply with the above criterion vis-a-vis
the wetlands and their buffers.
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. Development of this site is required to comply with the provisions of FWCC Chapter 20,
"Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other
applicable local and state development codes and regulations. As proposed, and as
recommended by City staff, the preliminary plat application complies with all applicable statutes,
codes, and regulations.
1PA0694672.DOC;1/13041.900000/)
Preliminary Plat Recommendation p. 6 Findings, Conclusions and Recommendation
RECOMMENDATION
The Examiner recommends that the City Council approve the preliminary plat as set forth in the
staff report for 06 -106382 -00 -SU by Senior Planner Janet Shull, subject to conditions 1 through
10 therein noted.
h
Dated this ��' day of April, 2008.
4L':Z��
Phil Olbrechts
Hearing Examiner
City of Federal Way
1 PA0694672.DOC;1/13041.900000/)
Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation
22-447 Appeals.
(a) Who may appeal. The decisions of the hearing examiner may be appealed by any person who
is to receive a copy of that decision under FWCC 22-443.
(b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to
the department of community development services within 14 calendar days after the issuance of
the hearing examiner's decision. The letter of appeal must contain:
(1) A statement identifying the decision being appealed, along with a copy of the decision;
(2) A statement of the alleged errors in the hearing examiner's decision, including specific
factual findings and conclusions of the hearing examiner disputed by the person filing the appeal;
and
(3) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by
the city.
(1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost of
preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour.
(2) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the
transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared
transcript shall be submitted to the city hearing examiner secretary for distribution no later than
20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or
certification by the appellant as to the accuracy and completeness of the transcript.
(3) The appeal will not be accepted unless it is accompanied by the required fee and appropriate
costs.
(4) The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially prevailed on
appeal and that decision shall be final. The transcript refund shall be limited to actual costs of
transcript preparation as follows:
a. City staff preparation. Hourly cost of preparation.
b. Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence
sufficient to the city.
(d) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council
{ PA0694672.DOC; 1/13041.900000/}
Preliminary Plat Recommendation P. 8 Findings, Conclusions and Recommendation
BEFORE THE HEARING EXAMINERXHr6(j[ \ + r ) "L WAY
Phil Olbrechts, He Ex�lter3 ® ZOO 1
RE: Federal Way Village, LLC 1''tttt
INDIN e�Y CO USIONS OF
File No. 07 -102851 -00 -UP N
INTRODUCTION
The applicant seeks approval to fill two Category III wetlands and buffer averaging within the
environmentally sensitive areas of two Category II wetlands. The Examiner approves the request
with conditions.
See tape / transcript of public hearing.
TESTIMONY
EXHIBITS
See list of exhibits at page 11 of the staff report for 07 -102851 -00 -UP by Senior Planner Janet
Shull.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Federal Way Village, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at
Federal Way City Hall on April 16, 2008.
Substantive:
3. Site/Proposal Description. The overall proposal includes construction of 326,450
square feet of mixed use commercial, office, and multifamily residential space, and a 95 -unit
zero -lot line townhouse subdivision on an approximated 44 -acre site (Exhibit A). The site is
located at the southwest corner of the intersection of South 336th Street and Pacific Highway
South, in Federal Way (Exhibit B). There are four wetlands on the subject site. The applicant is
requesting the filling of two Category III wetlands (Wetlands 3 and 4), which represent
approximately 0.30 acres of wetland area. Approximately 0.90 acres of new wetland was
established along the southern edge of Wetland 2 as part of the construction of the South 336110
Street Regional Stormwater Detention Facility. The applicant is also requesting buffer averaging
within an environmentally sensitive area (Category II wetland buffer area) associated with
Wetlands 1 and 2, in order to facilitate development of zero -lot line townhouse buildings,
construct a public right-of-way, and construct a pedestrian trail connecting a series of common
1 PA0694663.DOC;1/13041.900000/)
Wetland Buffer Modification P. 1 Findings, Conclusions and Decision
open space areas. Proposed buffer averaging results in a total additional buffer area for the two
wetlands of 39 square feet of buffer area.
4. Characteristics of the Area. The surrounding land uses are business and office parks and
community business. There is also a regional storage facility to the south.
5. Adverse Impacts. The loss of the wetlands 3 and 4 and buffer averaging for wetlands 1
and 2 may impact water quality, wildlife habitat, drainage, and erosion.. The impacts of the
proposed variance are moderate. As noted below, however, mitigation measures either have
already been implemented or will be implemented to minimize the effects to acceptable levels as
set forth in the city code. Mitigation measures proposed performed and proposed by the
applicant have been reviewed by the City's consultant, who found them to be code compliant.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: FWCC 22-1358 provides that wetland modification
must be approved through a Process IV Review. FWCC 22-1359 provides that buffer averaging
must be approved through a Process III Review. FWCC 22-388 provides that if the component
requiring a Process III Review is part of a project requiring a Process IV Review, then the entire
project shall be subject to a Process IV review. FWCC 22-431 through 22-460 provides that the
Examiner shall issue a final decision on a Process IV review, which is appealable to the City of
Federal Way City Council.
Substantive:
2. Zoning Designation: The project site presently has a zoning designation of Community
Business (BC) and Multifamily Residential (RM 2400). The comprehensive plan designations
are Community Business and Multifamily. The proposed uses are allowed in the BC and RM
2400 zoning districts.
3. Review Criteria and Application. FWCC 22-1358(d) addresses the impacts to regulated
wetlands (wetlands 3 and 4) and FWCC 22-1359(b) addresses buffer averaging (wetlands 1 and
2). FWCC 22-445(c) contains additional decision criteria that apply to all projects reviewed by
the Hearing Examiner during Project IV Review. The criteria are quoted in italics below and
applied to the project under corresponding Conclusions of Law.
Wetlands 3 and 4 - Fill.
FWCC 22-1358(d)(1): It will not adversely affect water quality.
4. According to staff, mitigation measures dealing with water quality have already been
implemented. The proposed elimination of Wetlands 3 and 4 will not adversely affect water
quality because the wetland elimination was considered and has already been mitigated as part of
overall plans for construction of the Kitts Corner/ South 336' Regional Stormwater Facility
System.
1 PA0694663.DOC; 1 /13041.900000/)
Wetland Buffer Modification p. 2 Findings, Conclusions and Decision
FWCC 22-1358(d)(2): It will not adversely affect the existing quality of the wetland's or
buffer's wildlife habitat.
5. The elimination of Wetlands 3 and 4 will result in a loss of wildlife habitat associated
with these wetlands. However, the combined 0.30 acres of wetland that is to be eliminated has
been mitigated through the creation of 0.90 acres of forested wetland as provided in FWCC 22-
1358(e). Mitigation of these two wetlands was accomplished as part of the South 336th detention
facility construction on a 3:1 basis. Specifically, 0.90 acres (of a total 1.23 acres) of forested
wetland was created south of the earthen dam at the south end of Wetland 2 to compensate for
0.30 acres of wetland impacts resulting from the filling of Wetlands 3 and 4.
FWCC 22-1358(d)(3): It will not adversely affect drainage or stormwater retention
capabilities.
6. As noted above, the proposed filling of Wetlands 3 and 4 was anticipated in the design of
the regional stormwater detention facility system. This system has been in place and is designed
to accommodate the drainage requirements for the proposed development of the subject site.
FWCC 22-1358(d)(4): It will not lead to unstable earth conditions nor create erosion hazards.
7. The construction of the proposed project is subject to City review and approval, during
which time the applicant will be expected to provide final stormwater drainage, grading, and
erosion control plans. This process should ensure compliance with the above criterion.
FWCC 22-1358(d)(5): It will not be materially detrimental to any other property in the area of
the subject property nor to the city as a whole, including the loss of open space.
8. The wetlands proposed to be eliminated are located entirely within the subject site. As
noted above, they have been mitigated with replacement wetland area within the same wetland
system contiguous to Wetland 2, located at the south end of the subject site. The above criterion
is satisfied.
FWCC 22-1358(d)(6): It will result in no net loss of wetland area, function or value
9. As noted above, mitigation for the two wetlands to be eliminated was accomplished as
part of the South 336th detention facility construction on a 3:1 basis. Specifically, 0.90 acres (of
a total 1.23 acres) of forested wetland was created south of the earthen dam at the south end of
Wetland 2 to compensate for 0.30 acres of wetland impacts resulting from the filling of Wetlands
3 and 4. As a result, there will be no net loss of wetland area, function or value.
FWCC 22-1358(d)(7): The project is in the best interest of the public health, safety or welfare.
10. The project is in the best interest of the public health, safety, or welfare because the
eliminated wetlands have been replaced with three times the amount of wetland area at the south
end of Wetland 2. This replacement wetland area is part of a wetland system that is a higher
classification and provides better retention, water quality, and habitat functions than the
eliminated wetland areas.
1 PA0694663.DOC;1/13041.900000/)
Wetland Buffer Modification p. 3 Findings, Conclusions and Decision
FWCC 22-1358(d)(8): The applicant has demonstrated sufficient scientific expertise and
supervisory capability to carry out the project.
11. The mitigation measures have already been completed.
FWCC 22-1358(d)(9): The applicant is committed to monitoring the project and to making
corrections if the project fails to meet projected goals.
12. As noted above, the mitigation measures have already been completed. The mitigation
site has been established and according to staff, the City of Federal Way has been monitoring it
as part of its ongoing maintenance of the regional stormwater facility.
Wetlands 1 and 2 - Buffer Averaging.
FWCC 22-1359(b)(1): Reduced buffers will not affect the water quality entering a wetland or
stream.
13. According to applicant's environmental report, "Functional Assessment of the Federal
Way Village Wetland Buffer Averaging Plan" (Exhibit F), the proposed wetland buffer reduction
should not adversely affect water quality because the minimum proposed buffer width is 50 feet.
The wetland buffers are densely vegetated with mature, native plant communities, which will
remain. Thus, the proposed reduction still leaves enough buffer width to effectively filter
sediment, and pollutants out of water before they reach the wetlands.
FWCC 22-1359(b)(2): Reduced buffers will not adversely affect the existing quality of wildlife
habitat within the wetland or the buffer.
14. According to staff, the proposed averaged buffers will not adversely affect the existing
quality of wildlife habitat within the wetlands any more than the standard buffer width would.
Mature forested areas will be minimally impacted. The mitigation plan proposes to offset the
loss of wetland buffer area associated with Wetlands 1 and 2 through the addition of wetland
buffer areas contiguous with a portion of the remaining 100 -foot buffer areas. As a result, total
buffer area will be increased by 39 square feet, which should provide additional wildlife habitat.
FWCC 22-1359(b)(3): Reduced buffers will not result in unstable earth conditions nor create
erosion hazards.
15. According to staff, the project should not lead to unstable earth conditions or create
erosion hazards because the existing wetland buffers are densely vegetated, not steeply sloped,
and not narrow enough to create erosion from surface flow into the wetland. The above criterion
is satisfied.
FWCC 22-1359(b)(4): Reduced buffers will not be detrimental to any other public or private
properties, including the loss of open space.
16. The proposed buffer averaging will result in less lost open space than the standard 100 -
foot buffers, because as noted above, 39 square feet of area will be added to the total buffer area.
I PA0694663.DOC; 1/13041.900000/)
Wetland Buffer Modification p. 4 Findings, Conclusions and Decision
The buffer averaging should not be detrimental to other properties because the wetlands and
buffers in question are contained on site.
Miscellaneous Criteria for Process IV Review.
FWCC 22-445(c)(1): It is consistent with the Comprehensive Plan.
17. As noted above, the mitigation measures for the requested fill and buffer averaging is
consistent with the following Comprehensive Plan (FWCP), Chapter 9, "Natural Environment,"
Wetlands sections:
"Protect and enhance the functions and values of the City's wetlands," (Goal NEG7).
"The City will protect its wetlands with an objective of no overall net -loss of functions or
values," (Policy NEP43).
"Mitigation sites should replace or augment the wetland values to be lost as a result of a
development proposal. Sites should be chosen that would contribute to an existing wetland
system, or, if feasible, restore an area that was historically a wetland." (Policy NEP49).
"The City will protect wetlands by maximizing infiltration opportunities and promoting the
conservation of forest cover and native vegetation." (Policy NEP51).
FWCC 22-445(c)(2): It is consistent with all applicable provisions of this chapter and all other
applicable laws.
18. Staff has found no inconsistencies with any other provisions of the Federal Way City
Code.
FWCC 22-445(c)(3): It is consistent with the public health, safety, and welfare.
19. As noted above, the mitigation measures will increase both the net amount of wetlands
and buffers, which should result in better habitat and benefits associated with wetlands such as
conservation and scenic resources.
FWCC 22-445(c)(4): The streets and utilities in the area of the subject property are adequate to
serve the anticipated demand from the proposal.
20. The streets and utilities in the area have been evaluated in accordance with all applicable
codes, policies, and regulations, and determined to be adequate to serve the anticipated demand
from the proposal, provided all recommended conditions of preliminary plat and master plan
approval are met. The utility extension is a component of the overall infrastructure as required
for the plat and Federal Way Village Master Plan.
FWCC 22-445(c)(5): Proposed access to the subject property is at the optimal location and
configuration for access.
1 PA0694663.DOC; 1/ 13041.900000/1
Wetland Buffer Modification p. 5 Findings, Conclusions and Decision
21. The access to the subject property is provided at optimal locations and configurations as
determined through the City's SEPA, Process III Director's Design Review, and preliminary plat
review of the proposed overall master plan and zero -lot line subdivision. The proposed
pedestrian trail is at the optimal location, connecting both ends of the plat within a network of
connected common space areas.
DECISION
The Examiner approves the applicant's request as set forth in the staff report for 07 -102851 -00 -
UP by Senior Planner Janet Shull, subject to conditions 1 through 4 therein noted.
Dated thisday of , 2008.
&iu� 171102
Phil Olbrechts
Hearing Examiner
City of Federal Way
I PA0694663.DOC; 1 /13041.900000/)
Appeal of Notice of Violation p. 6 Findings, Conclusions and Decision
22-447 Appeals.
(a) Who may appeal. The decisions of the hearing examiner may be appealed by any person who
is to receive a copy of that decision under FWCC 22-443.
(b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to
the department of community development services within 14 calendar days after the issuance of
the hearing examiner's decision. The letter of appeal must contain:
(1) A statement identifying the decision being appealed, along with a copy of the decision;
(2) A statement of the alleged errors in the hearing examiner's decision, including specific
factual findings and conclusions of the hearing examiner disputed by the person filing the appeal;
and
(3) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by
the city.
(1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost of
preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour.
(2) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the
transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared
transcript shall be submitted to the city hearing examiner secretary for distribution no later than
20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or
certification by the appellant as to the accuracy and completeness of the transcript.
(3) The appeal will not be accepted unless it is accompanied by the required fee and appropriate
costs.
(4) The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially prevailed on
appeal and that decision shall be final. The transcript refund shall be limited to actual costs of
transcript preparation as follows:
a. City staff preparation. Hourly cost of preparation.
b. Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence
sufficient to the city.
(d) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council.
I PA0694663.DOC;1/] 3041.900000/ )
Appeal of Notice of Violation p. 7 Findings, Conclusions and Decision
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
PRELIMINARY PLAT OF FEDERAL. WAY VILLAGE
Federal Way File No. 06 -106382 -00 -SU
PUBLIC HEARING
April t6,2008
Federal Way City Hall City Council Chambers
33325 81h Avenue South
Table of Contents
I. General Information
U.
Consulted Departments and Agencies .............................................................................................2
III.
State Environmental Policy Act (SEPA)...........................................................................................3
IV-
Natural Environment ........................ ....
4
V.
Neighborhood Characteristics.........................................................................................
.................8
VI.
Preliminary Plat Design ........................ ..........................................................................................8
VILTransportation
....................................................
....................................................................... ll
VIII.
Public Services ...............................................
11
IX.
utilities-- ....................................................... ......
..................... --------- ........................ ................12
X.
Analysis of Preliminary Plat Decisional Criteria
.............................................................................13
XI.
Findings of Fact and Conclusion.....................................................................................................
t4
XII.
Recommendations............................................................................................................................17
XIII.
List of Exhibits ................ -.............................................
............. ............................... ...............18
Report Prepared by:
Janet Shull, AICP, Senior Planner
April 4, 2008
Staff Report for the Public Hearing of April 16, 2008
Preliminary Plat of Federal Way Village
File No: 06 -106382 -00 -SU
Engineer: ESM Consulting Engineers
Eric La Brie
33915 15'Way South, Suite 200
Federal Way, WA 98003
253-838-6113
Owner: Federal Way Village,LLC
Dan, Biles, PE
PO Box 73790
Puyallup, WA 98373
253-848-0820
Action
Requested: The applicant is seeking preliminary plat approval pursuant to Federal Way City
Code (FWCC) Chapter 20, "Subdivisions" (FWCC Section 20-110, Division 9,
" Preliminary Plat").
Relevant Dates: Master Plan Application Filed: December 19, 2006
Preliminary Plat Application Filed: December 19, 2006
Process IV Environmental Determination Filed: May 25, 2007
Application Determined Complete: May 30, 2007
Notice of Application Published: June 2, 2007
Mitigated Determination of Nonsignificance Issued: September 12, 2007
Director's Design Decision Issued: January 11, 2008
Mitigated Determination of Nonsignificance Re -Issued: February 16, 2008
Staff
Representative: Janet Shull, AICP, Senior Planner, 253-835-2644
Staff
Recommendation: Preliminary Plat Approval with Conditions
L PROJECT INFORMATION
A. Decision Requested
Preliminary Plat Approval — The preliminary plat application is subject to a public hearing by
the Hearing Examiner, recommendation to the City Council, and decision by the City Council.
An analysis of the applicable preliminary plat decisional criteria, findings, and recommendations
is provided under Sections X, XI, and XII of this report.
B. Description of the Project, Property and Vicinity
Doc. I.D.
Description of the Proposed Subdivision - The applicant proposes to subdivide an
approximate 25.47 - acre site' into 95 zero -lot line townhouse residential lots. The
proposed preliminary plat map (Exhibits Al -A3), along with conceptual grading and utility
plan (Exhibits A6 -A7), tree retention plan (Exhibit A8), and a preliminary landscape plan
(Exhibits A9 -A 11) are enclosed. Two large wetlands with 100 -foot buffers are located to
the east and west of the proposed zero -lot line townhouse development. Subdivision
development would occur in a portion of the site located between the wetland buffers.
2. Property Description - The site is located in the east -central portion of the City, southwest
of the intersection of South 336`h Street and Pacific Highway South (Exhibit B). The site is
accessed from South 336`h Street via a proposed new Road A and from Pacific Highway
South via a new Road C. The subject site has a land area of approximately 44 acres.
3. Lot Sizes, Density - As shown on the preliminary plat map, Sheets 3 and 4 of 14, by ESM
Consulting Engineers (Exhibit A2 - A3), all lots in the zero -lot line townhouse plat meet or
exceed the underlying code -required minimum lot size of 1,500 square feet (RM2400).
These lots range in size from 1,560 to 3,343 SF, with an average lot size of 1,976 SF_
4. Critical Areas - The subject site contains two wetlands ( Wetlands I and 2). They are both
regulated as Category I1 wetlands, with 100 -foot buffers. Two small Category III wetlands
(Wetlands 3 and 4) are located on the adjacent BC -zoned, proposed mixed use portion of
the overall Federal Way Village Master Plan site. Wetlands 3 and 4 are proposed to be
eliminated with development of the adjacent commercial mixed use development.
Mitigation for the tilling of Wetlands 3 and 4 has already been established as part of the S.
336`h Regional Stormwater Detention facility located just south of the subject site. In
addition, the site is located within ten-year contour areas associated with Critical Aquifer
Recharge and Wellhead Protection Areas.
5_ Land Use, Zoning and Comprehensive Plan Designation
Direction
Zoning
Comprehensive Plan
Existing Land Use
Site
RM 2400
Multifamily Residential
Vacant
North
OP
Office Park
Office
South
CE
Commercial
Regional Stormwater
Detention Facility
East
BC
Community Business
Vacant
West
RM2400/CE
Multifamily Residential
Senior Housing,
Commercial
Light Industrial
II. CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
A. Community Development Review Committee (CDRC), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works
Engineering and Traffic Divisions; Parks Recreation and Cultural Resources Department;
Federal Way Department of Public Safety (Police); South King Fire and Rescue; Lakehaven
I The entire Federal Way Village Master Plan site is approximately 44 acres. The area zoned RM2400 is the subject site for the
preliminary plat application and is 25.47 acres in size.
Doc. I.D.
Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into
this report where applicable.
6. All property owners within 300 feet of the site were mailed notices of the application. The site
was also posted and notice published in the newspaper and on the City's official notice boards.
No comment letters were submitted in response to the June 2, 2007, notice of application.
C. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18,
"Environmental Protection," all property owners within 300 feet of the site, and all affected
agencies, were notified of the proposed action and the City's environmental decisions. In
addition, the site was posted and notice placed in the newspaper and on the City's official
notice boards.
III. STATE ENVIRONMENTAL POLICY ACT (S EPA)
A. The City of Federal Way issued a Mitigated Environmental Determination of Monsignificance
(MDNS) for the proposed Federal Way Village Master Plan on February 16, 2008 (Exhibit Q'.
The MDNS was issued in consideration of the overall Master Plan of which the proposed zero -
lot line subdivision is a part. This determination was based on review of information in the
project file, including the environmental checklist and staff evaluation of the environmental
checklist for Federal Way Village (Exhibit D), resulting in the conclusion that the proposal
would not result in probable significant adverse impacts on the environment provided the
applicant complies with the mitigation measures in the MDNS.
B. Mitigation measures for the project were identified as the following:
1. Prior to the issuance of the final plat approval or issuance of a building permit, whichever
occurs first, for the residential phase for the zero lot line townhouse portion of the site, or
prior the issuance of a Certificate of Occupancy for any commercial buildings on site the
applicant shall construct impacted Tip projects at the following locations_
a. City Center Access Phase 2: Design study, environmental analysis to improve access
to City Center
b. City Center Access Phase 3: Add second southbound left -turn lane and third
southbound right -turn lane
c. City Center Access Phase 4: Widen South 320`h Street bridge over 1-5 and realign loop
ramp and northbound off -ramp
d. SR 99 Phase 3 / South 284"' Street — SR 509: Add High Occupancy Vehicle (HOV)
lanes, second southbound left -turn lane at South 288'h, install raised median, and signal
at SR 509 @ Redondo Way South with interconnect to 11`h Place South
e. South 348" Street from 9th Avenue South to SR 99: Add HOV lanes, install raised
median, underground utilities, and add northbound left -turn at SR 99
f. South 320"' Street @ I` Avenue South: Add second northbound lane, westbound left -
turn lanes, westbound right -turn lanes, and widen 1"Avenue South to five lanes to
316'h Street
2 An MDNS was originally issued on September 12, 2007. Subsequent to the issuance of the MDNS, the project proposal was
modified to be constructed in phases. As a result, the September 12, 2007 MDNS was withdrawn and then re -issued on February
16, 2008 with modified conditions which implemented mitigation measures in a phased manner coincident with phased
construction.
5 ., e
g. SR 99 @ South 356th Street: Add westbound thru lane, eastbound, and northbound left -
turn lanes
h. South 348"' Street at I'' Avenue South: Add second left -turn lanes eastbound,
westbound, southbound, and westbound and southbound right -turn lanes
I. I" Avenue South @ South 32e Street: Install raised median and improve access at
South 328`' Street
j. 10th Avenue SW/SW 344" Street / SW Campus Drive to 21" Avenue SW: Extend
three -lane collector street, sidewalks, and street lights
k. South 320''' Street @ 20" Avenue South: Add second left -turn lanes eastbound and
westbound
1. 213' Avenue SW / SW 356`' Street - 22nd Avenue SW: Extend two-lane collector and
signal modifications
m. SR 99 Phase 4 / SR 509 to South 312th Street: Add HOV lanes and install raised
median
n. SR 18 @ SR 161: Add third westbound left -turn lane, eastbound and westbound right -
turn lanes, and add third southbound lane on SR 161 to South 352nd Street
o. South 356`'' Street / SR 99 to SR 161: Widen to five lanes, bike lanes, sidewalks,
illumination
p. South 352°' Street / SR 99 - SR 161: Extend three lane principal collector and signal at
SR -99
q SW 320'' Street @ 21" Avenue SW: Interconnect to 26'h Avenue SW with the addition
of a second westbound left -turn lane
r. South 320'' Street from 1'' Avenue South to 8" Avenue South: Add HOV lanes and
install raised median
s. SW 336'h Way / SW 340'' Street from 26"' Place SW to Hoyt Road: Widen to five
lanes
In licit of constructing the above TIP improvements projects (a - s), the applicant may
voluntarily offer to pay the project's pro -rata share contribution as identified in Table l
below. The total pro -rata share contribution of $1,048,700 is further broken down for each
proposed residential and commercial phase. The pro -rata share contribution for each project
is calculated based on the formula below:
Project generated PM peak trips
Fair share contribution =--------------------------------------- X (TIP project cost - value of right-of-way and
frontage improvement)
Projected Total PM peak traffic
These are calculated per the table below:
Table I - FW Village TIP Pro -Rata Share Contribution
Doc. I.D.
TIP
Project
gEst.
Backround
Fair -Share
% of
LP
Project Name
Project
PM Peak
Volume
Contribution
Total Fees
Cost
Tri
Trips
($$)
(Distributed)
la
City Center Access Phase 2
$3,500,000
25
4730
$18,499
1.76%
lb
City Center Access Phase 3
$2,850,000
37
5364
$19,659
1.87%
lc
City Center Access Phase 4
$11,800,000
25
3755
$78,562
7.49%
Doc. I.D.
TIP
Est. TIP
Project
Background
Fair-Share
% of
Map
Project Name
Project
PM Peak
Contribution
Total Fees
#ID
Cost
Trips
Volume
(SS)
(Distributed)
SR ?84``' St - SR 509 99 Phase 3
S 78
871,400,000
S146,514
13.97%
S 348`" St:
3 * *
"
9` Ave S - SR 99
S4,300,000
S25,617
2.44%
4**
S320`"St. @ I"Ave S
56,374,000
582,522
7.87%
5
SR 99 @, S 356`h St
$7,518,000
55
3,588
$115,242
10.99%
7
S 348h St @ I" Ave S
$2,430,000
55
4546
$29,399
2.80%
10`" Ave SW/SW 344`" St'S8,632,000
8**
SGV Campus Dr - 21" Ave SW
$64.535
615%
9
1" Ave S @ S 328"' St
$459,000
67
2474
$12,430
1.19%
LO
S320 th St @ 20'x' Ave S
$1,482,000
49
3,719
$19,526
1.86%
I I **
21'`.AveSW:
SGL' 356` St - 22"``Ave SfV
'� 1, ! ».000
54, 695
0.45
1 " * *
SR 99 Phase 4
SR 509 to S 312`" St_
519, 400, 000
S220,536
21.03
13**
SR /8 @ SR 161
51.737,000
528,871
2.75%
15 * *
S 356" St
SR 99 to SR 161
S5.979,000
$52,790
5.03
17
S 352"d St:
SR 99 to SR 161
$5,200,000
$12,324
L18%
18
SW 320' St_ @ 2151 Ave SW
$1,748,000
18
3,957
$7,951
0.76%
S 320`" St
19 * *
1'` Ave S - 8," Ave S
$6.763,000
_8
� 199
S,
2.69
23**
SW 336`h Way /SW 3401'St
$7,777,000
580,806
7 71%
from 26 PI SW to Hoyt Rd
Total Pro-Rata Contribution
$1,048,700
100%
Cost per PM Trip - (Based on 611 Total Trips)
$1,717
t tr pro -rata contribution calculated based on segment
(All contributions are rounded to the nearest 100 dollars figure.)
As required by state law, the City shall refund collected fees if not used for the identified TIP projects
within five (5) years.
TIP Calculation Phase I — Residential
Prior to recording of the final plat approval, or building permit issuance, whichever occurs
first, the applicant may offer to pay the project's pro -rata share contribution for the Phase I
residential portion in the amount of $50,911 (30 residential PM trips X $1,717/ per PM
trip). Fees collected will be allocated to each impacted "TIF' project as identified in Table 1.
TIP Calculation Phase II — Commercial and Residential
Prior to the issuance any building permits on site, the applicant may offer to pay the
project's pro -rata share contribution of $3,768 for each 1,000 square feet of gross floor
space proposed for any commercial building, and $541.60 per proposed residential unit
up to a maximum of 55 units. The total pro -rata share contribution for all commercial
buildings shall not exceed $964,600 (256,000 square feet of gross floor area). Fees
collected will be allocated to each impacted TIP project as identified in Table 1. Any
remaining building(s) without a building permit application atter six years from the
issuance of a Mitigated Determination of Nonsignificance (MDNS) decision may be
subjected to concurrency and traffic mitigation fees as adopted by the City and applicable
at that time, with such fee calculated and levied as set forth within the ordinance.
Prior to issuance of a building permit for development on any of lots 35 through 95, the
applicant shall construct/modify the traffic signal at SR 99/16'h Avenue South to
accommodate the new west leg of South 3401h Street for safe access into the site. The
signal shall be constructed to all applicable standards and shall be reviewed and
approved by the City and Washington State Department of Transportation (WSDOT).
This condition is deemed complete if constructed by the commercial phase of the
development.
3. Prior to issuance of a Certificate of Occupancy for any commercial development within
the southerly portion of the site, the applicant shall constructimodify the traffic signal at
SR 99/16"' Avenue South to accommodate the new west leg of South 340`" Street for
safe access into the site. The signal shall be constructed to all applicable standards and
shall be reviewed and approved by the City and WSDOT.
4. Prior to recording of the final plat for the residential portion of the site, the applicant
shall construct a westbound left -turn lane on South 336"' Street at the west site access
point. The left -turn lane shall be designed and approved by the City. Please note, per
FWCC Section 22-1473, the project is required to construct improvements along South
336`h Street to meet a Type E street (five -lanes).
Cha nnelization and street improvement plans shall be prepared by a professional
engineer registered in the State of Washington and submitted to the City of Federal
Way for review and approval in concurrence with plat infrastructure construction, and
constructed prior to final plat approval.
5. Prior to the issuance of a Certificate of Occupancy for any commercial building within
the central portion of the site, the applicant shall construct a southbound right -turn lane
at the north driveway on SR 99 to meet all applicable City and WSDOT standards. As
identified in the TIA, the right -turn lane should be 435 feet in length, plus appropriate
tapers to meet safety, and shall be constructed to all applicable City and WSDOT
standards.
6. Channelization and street improvement plans shall be prepared by a professional
engineer registered in the State of Washington and submitted for review and approval
by the City and WSDOT in concurrence with building permit application and
constructed prior to the issuance of a Certificate of Occupancy for the first commercial
building within the central portion of the site.
C. The comment period for the MDNS concluded on March 3, 2008. Five comment letters
were received (Exhibit E). The City replied to these comments, (Exhibit F) and the appeal
period ended on March 17, 2008, with no appeals to the City's environmental decision. The
environmental decision is incorporated as though set forth in full.
IV. NATURAL ENVIRONMENT
A. Soils, Topography, Slopes — The 1973 King County soils survey map lists the soils type as
Everett-Alderwood Gravelly Sandy Loam (EwC), 6 to 15 percent slopes. Everett-Alderwood soils
with 6-15 percent slopes are characterized by slow to medium runoff and a slight to moderate
erosion hazard.
Typical soils excavation will occur with the street construction, and for utility installation. The
preliminary grading and utilities plan depicts clearing limits for construction of the following
facilities: street rights -of way, usable recreation area, and utility development.
The applicant has proposed to clear and grade all lots with construction of plat infrastructure
due to the small size of the proposed zero lot line townhouse lots and the nature of the building
construction 2-5 attached units per structure. This request will be reviewed in relationship to
development of a phased construction plan, as the applicant anticipates constructing the plat
infrastructure and housing development in phases.
The site topography is generally comprised of topographic highs in the north west portion of
the site and a topographic low wetland area in the central portion of the site. Slopes are
generally with gradients in the range of 5 to 10 percent_ August 2, 2007, Existing Conditions
Plan prepared by ESM Engineers (Exhibit A4).
B. Vegetation — Approval of the preliminary plat is subject to submittal and approval of tree
clearing plan and landscape plan pursuant to FWCC Section 20-156. City policy and FWCC
Section 20-179 state that existing mature vegetation shall be retained to the maximum extent
possible. This section goes on to state that for zero -lot line townhouse development, clearing
and grading shall be allowed to accommodate the construction of the buildings. If development
is to be phased, clearing and grading shall also be phased.
The Federal Way Village site contains approximately 1,586 significant trees. Tree calculations
were done using a representative sample of forested areas within the site and applying it to all
forested areas on the site. Approximately 10.46 acres of the overall 44 -acre Federal Way
Village site is unforested. These areas are documented on the Preliminary Tree Retention Plan
dated received August 2, 2007 (Exhibit A8). Significant trees located within Wetlands 1 and 2
and associated buffer areas will be retained. Within these areas, it is estimated that there are
approximately 737 significant trees that will be retained.
Doc. I.D.
Pursuant to the provisions of FWCC Section 22-1568, removal of more than 75 percent of the
significant trees requires replacement in the amount of 25 percent of the existing significant
trees. For the Federal Way Village Master Plan site, a minimum of 25% of the existing
significant trees on the subject site must be retained, which is approximately 397 significant
trees. The approximately 737 significant trees that will be retained represent approximately 46
percent of the total number of significant trees_ As the number of trees proposed for retention is
greater than 25 percent of the existing significant trees, no tree replacement is required for the
significant trees that are to be removed.
C. Wetlands — There are four wetlands located on the overall Federal Way Village Site. Two of the
wetlands (Wetlands 1 and 2) are located within the portion of the site where the zero -lot line
townhouse subdivision is proposed. Wetland I is located in the northwestern portion of the site
and is approximately 2 acres in size. Wetland 2 is approximately 2.46 acres in size and is
located along the eastern boundary of the proposed subdivision and separates the proposed
subdivision from the proposed mixed use commercial portion of the Federal Way Village Master
Plan site. Both Wetlands 1 and 2 meet the FWCC definition of a Category II wetland. The
standard buffer for Category It wetlands is 100 feet.
Wetlands 3 and 4 are located to the east of the proposed zero -lot line townhouse preliminary
plat, but within the overall Federal Way Village Master Plan site. These two wetlands are
proposed to be filled due to grading activities in conjunction with construction of the internal
roadway network and mixed-use commercial development.
The Federal Way Village Buffer Averaging Plan (Exhibit fn, identities the existing wetlands
and associated buffer areas, proposed wetland impacts and mitigation. Wetland reports
prepared by Raedeke Associates Inc, and buffer averaging plans and functional assessment of
the proposed buffer averaging prepared by J.S. Jones Associates, Inc provide relevant
information about wetlands and associated wetland buffer areas: wetland function and values;
endangered or threatened species or habitats; development impacts and proposed mitigation; for
each impacted area.
The Federal Way Hearing Examiner shall review the requests for filling of Wetlands 3 and 4
and wetland buffer area averaging for Wetlands I and 2 consistent with the procedural
requirements of Process IV Hearing Examiner Review, as discussed in the staff report for
Process !V Hearing Examiner Review of Proposed Wetland Elimination and Wetland Buffer
Modification Federal Way Village Master Plan, Federal Way file number 07 -102851 -00 -UP.
Mitigation of wetland filling and wetland buffer area impacts is required under FWCC Section
22-1356. Specific wetland mitigation proposals will be presented for review and approval to the
Federal Way Hearing Examiner in accordance with provisions of FWCC Section 22-1358(d).
Wetland buffer averaging is reviewed under FWCC Section 22-1359(6).
D. Aquifer Recharge, Wellhead Protection Areas — The eastern half of site is located within the ten-
year contour areas associated with Critical Aquifer Recharge and Wellhead Protection Areas.
The applicant completed a January 23, 2007, Hazardous Material Inventory Statement for the
Critical Aquifer Recharge and Wellhead Protection Area (Exhibit I), and noted that the
development of the proposed infrastructure will involve some of the types of hazardous
materials listed in the checklist. The materials listed materials utilized in construction (e.g_ paint
and solvents), and fertilizers and pesticides. In addition, the applicant has noted that
construction vehicles will be refueled on site. This information will be reviewed in conjunction
with engineering permits. The City will continue to protect groundwater resources in site
development by encouraging storm drainage infiltration where soils and topography are
Doc. I.D.
conducive and requiring storm drainage systems to be detained, treated, and released in
accordance with all applicable codes, polices, and regulations. Design and construction of
surface drainage facilities in accordance with all applicable state and local codes, regulations,
and policies, and recommended conditions of approval, as discussed in section 1X.C, below, will
promote and ensure protection of groundwater resources.
E. Stormwater Runoff — Development of the site will create additional runoff from new impervious
surfaces such as streets, driveways, and rooftops. The existing South 336`h Regional Stormwater
Detention Facility provides mitigation for the runoff rate increases under improved conditions of
the development. Per the Settlement Agreement, (Exhibit J), a portion of the overall Federal
Way Village Master Plan site will be permitted to discharge to the existing South 336th Regional
Stormwater Detention Facility. For areas of the site not covered by the Agreement, rights to
detention will be purchased for a fee of $5, 022.0 per gross acre. Stormwater water quality shall
be mitigated using approved facilities in accordance with the 1998 King County Surface Water
Design Manual (KCSWDM) and the City's amendments to the manual.
The applicant's storm drainage Preliminary Technical Information Report (TIR), revised May 4,
2007, (Exhibit K) was reviewed by the City's Public Works Department. According to the T1R,
the proposed zero -lot line townhouse area flows easterly into Wetland 2 and/or West Hylebos
Tributary 0014A
F. Wildlife and Habitat — The applicant submitted a September 7, 2004, Wetland zissessment
prepared by Raedeke Associates (Exhibit L), that contains a wildlife inventory and assessment_
According to the assessment, twenty-seven wildlife species or their sign were observed on-site.
No state or federally listed Endangered, Threatened, Sensitive or Candidate species were
observed on the property. Two green herons, State Monitor species were observed using
habitats within Wetland 1 on one site visit. No heron nests were found on-site.
Songbirds observed on-site include winter wren, wrick's wren, song sparrow, fox sparrow,
American goldfinch, American robin, American crow and black -capped chickadee_ Red -
winged blackbirds were observed in Wetland 1. Summer resident birds observed included
white -crowned sparrows, barn swallows, and Swainson's thrush. A northern flicker and downy
woodpecker were observed within the wetlands. Red-tailed hawks were observed flying low
over Wetland 1. No nests were observed, although the large cottonwoods and Douglas Fir trees
in Wetland 1 and Wetland 2 may be large enough to sup port a hawk nest.
Four species of mammals were observed on the site. A cotton -tailed rabbit was observed
adjacent to the northeast portion of wetland 2. Squirrel nests were seen int two trees within
Wetland 2. Mountain beaver burrows were found in areas throughout the buffers of Wetland I
and 2. Raccoon tracks were observed in Wetland 1. Matted vegetation and deer scat suggests
potential bedding by black -tailed deer.
Numerous Pacific tree frogs were observed in Wetland 1.
Moderate numbers of snags were widely scattered in the forested wetland and buffers of
Wetlands 1 and 2. Coarse woody debris were observed within Wetland 2, including several
downed trees with exposed root wads. Each of these features could be used by a variety of
wildlife.
Approximately 16.58 acres of the overall 44 -acre site (36 percent) is proposed as conservation
open space contained in wetlands and wetland buffers. These 16.58 acres will be modified
Doc. I.D.
slightly by proposed wetland buffer averaging. The preservation of these wetlands and
associated buffers, including retention of significant trees throughout the tracts, will continue to
provide habitat opportunities for some types of wildlife.
The applicant will be required to provide fencing and signage around the wetland buffer areas
to identify the areas and provide for the protection of wildlife within these areas.
V. NEIGHBORHOOD CHARACTERISTICS
A. Vicinity - The property is situated southeast of the central portion of the City in an area with a
mixture of existing uses and vacant property. The area to the north of the property and across
South 336' Street is largely developed with office uses_ A senior housing development is
located to the immediate west of the property_ A mixture of light industrial, business park
development is located to the southwest. Immediately south of the property is the South 336h
Street Regional Stormwater Detention Facility. immediately to the east of the proposed zero
lot line subdivision is vacant land zoned Community Business (BC). This BC -zoned area
represents the balance of the proposed 44 -acre Federal Way Village Master Plan development.
VI. PRELIMINARY PLAT DESIGN
A. Lot Layout. Builtling Setbacks — The proposed subdivision layout is located between
Wetlands I and 2 and will be accessed via new internal roadway network providing
connection with S_ 336"' Street to the north and Pacific Highway South to the East_ The
proposed 95 lots range in size from approximately 1,560 to 3,343 SF, with an average lot size
of 1,976 SF_ Generally, the proposed lots are rectangular -shaped; lots 28 and 29 are pie -
shaped. Access to most lots is via a 25 -foot -wide private tract — each tract serving 8 to 10
townhomes. Lots 25-28 and 56-78 are accessed via a 34 -foot private roadway. Lots 52- 55 are
accessed via a 60 -foot minor collector.
Under the FWCC, a zero -lot line townhouse lot must contain a front yard structural setback of
20 feet or 10 feet if parking is accessed from the rear yard. The rear yard structural setback is 5
feet unless parking is accessed from the rear yard and then the minimum setback is 10 feet.
There is no side yard setback requirement between individual units. However, there is a side
yard setback between buildings. For buildings with two to six units the minimum side yard
setback is 5 feet. For buildings with more than 6 units the sideyard setback is 10 feet. There
is no maximum lot coverage for zero -lot line townhouse development. However, there is a
minimum on-site private open space requirement of 200 square feet on each individual lot.
Compliance with minimum setback requirements and private open space will be confirmed
during the Process It Site Plan Review that will be required for each townhouse building.
B. Architectural Design - Architectural design for the zero -lot line townhouse buildings is
addressed by "A Development Plan for Village at Federal Way" by Donahue Design Group,
dated received August 2, 2007. This document provides a set of guidelines that shall apply to
building design within the Federal Way Village Master Plan area. The development guide was
reviewed and found to be consistent with FWCC Article XIX, Community Design Guidelines.
The development guide shall be applied during review of each proposed townhouse building
within the Federal Way Village Master Plan area. If there is a case where the FWCC and the
Development Plan for Village at Federal Way conflict, the city shall determine which standard
applies to the project.
Doc. I.D.
C. Open Space — To provide adequate recreational opportunities commensurate with new
residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site
for open space. For zero -lot line townhouse development, all required open space must be
provided on site. A total of 400 square feet of open space must be provided on site per each
zero -lot line townhouse unit. Of the 400 square feet, a minimum of 200 square feet per unit
must be provided in common open usable open space and a minimum of 200 square feet must
be provided as private open space on each individually platted lot. Total common open space
required for this plat is 19,000 square feet (95 lots x 200 square feet per lot).
To comply with the common open space requirements, the applicant has proposed 34,679 square
feet of common open space located in two tracts (Tracts G and N) located along the eastem edge
of the development and western edge of the buffer area associated with Wetland 2. Within these
open space tracts is a pedestrian trail system and three tot lots. The total proposed square
footage devoted to tot lots is 2,428 square feet (minimum required is 10% of 19,000 square feet
or 1,900 square feet).
The common space and pedestrian trail is proposed adjacent to the edge of the buffer area
associated with Wetland 2. Due to the proximity to the wetland, open rail wood fencing and
appropriate signage shall be incorporated within the pedestrian trail corridor to minimize
potential for inadvertent human intrusion into the wetland and buffer. A text note addressing
dedication and maintenance provisions shall be noted on the face of the final plat, and pursuant
to the subdivision code, homeowners association covenants are required to be submitted for
City review prior to final plat approval.
D. Vehicular Access and Circulation — Primary vehicular access to the site will be provided from
S. 336h Street via proposed Roadway A that will run southward through the subdivision to an
intersection with proposed Roadway C that will run eastward on top of an existing earthen dam
that crosses Wetland 2 and through the proposed mixed use commercial portion of the Federal
Way Village project to intersect with Pacific Highway South. A series of private tracts and
private Roadway B will provide access to individual lots.
Pursuant to FWCC street improvement standards, all public street improvements (Roadway A
from Intersection with S. 336`' Street to Roadway C; and the entire length of Roadway C) must
be dedicated to the City of Federal Way for right-of-way and must be improved to applicable
City standards. See Section VII of this report for a detailed description of the proposed roadway
system and improvements.
E. Pedestrian System — As proposed and required, the plat complies with the FWCC subdivision
code requirements for on and off-site pedestrian circulation; providing five foot sidewalks on
both sides of public interior streets (Roadways A and Q. The new sidewalks will connect with
existing sidewalk systems on S. 336`h Street and Pacific Highway South. Private Roadways B
and D will also have five foot sidewalks on both sides of the paved roadway. In addition, the
private tracts shall have five foot sidewalks on one side of the paved roadway.
A trail network is proposed in conjunction with the common open space areas that will provide
an alternate north -south link through the subdivision.
E. Clearing, Grading — Pursuant to FWCC Section 22-179, the preliminary plat is subject to
approved preliminary clearing and grading plans, and all natural vegetation shall be retained on
the site to be subdivided, except that which will be removed for infrastructure improvements or
Doc. I.D_
grading as shown on approved engineering plans. The applicant has proposed to clear and grade
approximately 52 percent of the site. This would include clearing areas for roadways, utilities
and building sites for each of the zero -lot line townhouse buildings. FWCC 20-179 allows for
the clearing and grading for the townhouse buildings. As the applicant is proposing phased
development of the subdivision infrastructure and buildings, clearing and grading shall be
reviewed in detail during engineering plan review in consideration of a proposed phasing plan.
With the proposed clearing and grading activities for the entire Federal Way Village Master Plan
development, the applicant would be removing approximately 54 percent of the significant trees
located on the site, leaving approximately 46 percent of the significant trees and cot -responding
native vegetation within Wetlands 1 and 2 and their respective 100 -foot wetland buffer in a
native growth protection tract. A total of approximately 849 significant trees would be removed
from the overall Federal Way Village Master Plan site without replacement or mitigation.
The City will review the proposed grading and clearing request pursuant to FWCC Section 22-
1568(c)(1) in conjunction with engineering review. A TESC plan must be submitted with
construction plans and approved by the City prior to issuance of engineering approval.
F. Landscaping — The applicant's preliminary landscape plan (Exhibit A9 — A 11) provides
landscaping as required by the FWCC Chapter 20, "Subdivisions," including landscaping of
street trees along public roads. As a recommended condition of preliminary plat approval, the
applicant's final landscape plan shall be prepared in accordance with the preliminary plat
conditions of approval and shall be submitted for the City's review and approval prior to
issuance of a engineering approval for plat improvements.
FWCC Section 22-1566(c) requires a minimum of 10 feet of Type III perimeter landscaping
along arterial rights of way. This landscaping is proposed in Tract D located along S. 336`h
Street. No other perimeter landscaping requirements apply to the proposed zero -lot line
townhouse subdivision. Street trees, when mature, open space vegetation and retained
vegetation within Wetlands I and 2 and their buffer areas will contribute to visual buffering.
The applicant's Tree Retention Plan (Exhibit A8) indicates that 849 of the total 1,586
signiticant trees within Federal Way Village Master Plan site will be removed; including those
located in future infrastructure areas as well as townhouse building lots and commercial mixed
use development on the adjacent QC -zoned portion of the site. The project will retain all
significant trees and vegetation within Wetlands I and 2 and their buffer areas. The applicant's
preliminary landscape plan also proposes to add street trees along all public internal streets.
Additional trees will be planted in conjunction within landscaping of proposed common open
space areas.
VII TRANSPORTATION
A. Street Improvernents — As proposed and as required by the FWCC, all internal and external
public rights-of-way must be dedicated by statutory Warranty Deed to the City of Federal Way
and improved to all applicable FWCC street standards. Proposed road sections are shown on
Road Cross Sections - Sheet PP -08 (Exhibit A5)_ Internal streets are designed in accordance
with the City's local access street standard with certain modifications that were reviewed and
approved by the Public Works Department (see modification letter - Exhibit M. The plat will
contain both public and private roadways with cross-sections as depicted on Sheet PP -08
(Exhibit A5)_
Doc. I.D.
The approved section for public Road A which runs north -south through the subdivision
includes a section 'S' with a 60 -foot wide right-of-way, 36 -foot pavement width, vertical curb
and gutter, four -foot planter strips, five-foot wide sidewalks, streetlights, and street trees. This
cross-section `S' will be utilized for the section of Road A located just south of its intersection
with South 336`s Street to the intersection with private Road D; and the section of Road A
between the north end of lots 94 and 95 to the intersection with public Road C. The approved
modified section 'S' for public Road A from the intersection with Road D south to the north
end of proposed lots 94 and 95 is a 54 -foot right-of-way, 30 -foot pavement width, vertical curb
and gutter, four -foot planter strips, five-foot wide sidewalks, streetlights ant street trees. A
short section of Road A just south of the intersection with Road D to the south end of Lot 30
has an approved modification to reduce the right-of-way width to 48 feet with a 30 -foot paved
section with no parking, four -foot planter strip on the east side of the road and five-foot
sidewalk on both sides. This section was approved to avoid the wetland buffer associated with
Wetland 1.
The approved section for public Road C is section `S' with a 60 -foot wide right-of-way, 36 -foot
pavement width, vertical curb and gutter, four -foot planter strips, five-foot wide sidewalks,
streetlights, and street trees. This section tapers to a modified section `Y' just to the east of the
subdivision where Road C crosses Wetland 2 and the associated stream on the existing earthen
dam constructed as part of the South 336' Stormwater Detention project and per the Settlement
Agreement_ This modified section 'Y' will have a 40 -foot wide right-of-way, 24 -foot
pavement width with no parking, vertical curb and gutter, five-foot sidewalk and streetlights.
The remainder of the approved road sections will be private roads and tracts. Private Roads B
and D shall have a modified section 'Y' with 34 -foot wide right-of-way, vertical curb and
gutter, five-foot sidewalk and streetlights. Private Tracts B, C, E, 1, J, K, and L shall have a
modified section 'Y' with 25 -foot wide right-of-way, with vertical curb and gutter, five-foot
sidewalk and street lights on one side. These private tracts shall serve between 8 and 10
townhouse units.
B. Off -Site Traffic Mitigation -- This proposal has been reviewed under the State Environmental
Policy Act (SEPA) as discussed in Section III of this report.
V111. PUBLIC SERVICES
A. Schools — As part of the City's review of the proposal, the preliminary plat application was
referred to the Federal Way School District for review. Panther Lake Elementary, Ilahee
Middle School, and Todd Beamer High School will serve the proposed subdivision. All middle
school and high school students from this development would receive bus transportation to and
from school, as these schools are over one mile from the subject site. Students attending
Panther Lake Elementary will walk to school via sidewalks proposed along Road A connecting
to existing sidewalks on South 336`'' Street and Ist Way South.
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development. School impact fees, as authorized by City ordinance and
collected at the time of building permit issuance, are currently $1,729.50 per zero -lot line
townhouse unit. School impact fees are determined on the basis of the District's Capital
Facilities Plan and are subject to annual adjustment and update.
B. Fire Protection —The Certificate of Water Availability from 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 exact number and location of fire hydrants will be
reviewed and approved by South King Fire and Rescue.
IX. UTILITIES
A. Sewage Disposal — The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. An August 30, 2006, Certificate of Sewer Availability
(Exhibit P) indicates the district's capacity to serve the proposed development through a
Developer Extension Agreement (DEA) between the applicant and the district.
B. Water Supply — The applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Utility District. The August 30, 2006 ,
Certificate of Water Availability (Exhibit Q) indicates Lakehaven's capacity to serve the
proposed development through a Developer Extension Agreement (DEA).
B. Drainage Facilities — Development of the site will create additional runoff from 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 existing South 336`h Regional Stormwater Detention Facility provides mitigation for the
runoff rate increases under improved conditions of the development. Per the Settlement
Agreement, (Exhibit J), a portion of the overall Federal Way Village Master Plan site will be
permitted to discharge to the existing South 336`h Regional Stormwater Detention Facility. For
areas of the site not covered by the Agreement, rights to detention will be purchased for a fee of
$5, 022.0 per gross acre. Stormwater water quality shall be mitigated using approved facilities in
accordance with the 1998 King County Surface Water Design Allanual (KCSWDM) and the
City's amendments to the manual.
The applicant's storm drainage Preliminary Technical Information Report (T1R), revised May 4,
2007, (Exhibit K) was reviewed by the City's Public Works Department. According to the T1R,
the proposed zero -lot line townhouse area flows easterly into Wetland 2 and/or West Hylebos
Tributary 0014A.
The applicant is proposing to convey roof runoff from the townhouse units to Wetland 2. The
applicant's engineer and wetland biologist shall coordinate efforts and provide documentation
showing how the roof runoff will be sent to the wetland(s) in a controlled manner and that the
amount of roof runoff going to the wetlands will sustain wetland and wetland buffer health and
function.
Final review and approval of the storm drainage facilities as shown on the engineering plans
will occur in conjunction with full drainage review. Stormwater design and plat drainage
elements must conform to the standards, policies, and practices of the City of Federal Way's
Surface Water Management Division as outlined in the adopted KCSWDM and City
amendments, the Comprehensive Surface Water Management Plan, and the Stormwater System
Operation and Maintenance Manual. The approved storm drainage facilities must be
constructed per City code requirements, prior to final plat approval and recording of the
subdivision.
Doc t.D.
X. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA
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.
Hearing Examiner Preliminary Plat Decisional Criteria — Pursuant to FWCC Section 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.
The project is consistent with the comprehensive plan
Staff Comment: The application is subject to the adopted Federal Way Comprehensive Plan
(FWCP), which designates the property as Multifamily_ The proposed land use, Residential
Multifamily 2400, with 1,500 square foot minimum lot size (RM -2400), is consistent with
density allowances and policies applicable to this land use as established in the FWCP.
The project is consistent with all applicable provisions of the chapter, including those adopted
by reference from the comprehensive plan.
Staff Comment: 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 proposed, and with conditions as recommended by staff, the preliminary plat will comply
with all provisions of the chapter.
The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat would permit development of the site consistent
with the current Multifamily Residential land use classification of the FWCP and map.
Proposed access and fire hydrant locations must meet all requirements of South King Fire and
Rescue. Future development of the plat in accordance with applicable codes and regulations
will ensure protection of the public health, safety, and welfare_
4. It is consistent with the design criteria listed in FWCC Section 20-2.
Staff Comment: The proposed preliminary plat would promote the purposes identified in
FWCC Section 20-2 and the standards and regulations therein, as identified in the staff report,
including effective use of land, promotion of safe and convenient travel on streets, provision for
the housing needs of the community, protection of environmentally sensitive areas, and
preservation of approximately 38 percent of the site as permanent open space. As proposed, and
with conditions as recommended by City staff, the preliminary plat application complies with
all provisions of the chapter.
It is consistent with the development standards listed in FWCC Sections 20-151 through 153,
and 20-156 through 187.
Doc. I.D.
Staff Comment: Development of this site is required to comply with the provisions of FWCC
Chapter 20, "Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning";
and all other applicable local and state development codes and regulations. As proposed, and as
recommended by City staff, the preliminary plat application complies with all applicable
statutes, codes, and regulations.
XI. FINDINGS OF FACT
Based on an analysis of the preliminary plat application, environmental record, and related
decisional criteria, the Department of Community Development Services finds that:
The proposal is to subdivide a vacant 25.47 acre site into 95 zero -lot line townhouse residential
lots with two wettand/open space tracts. Two wetlands and their associated 100 -foot buffer
areas are located on the east and west sides of the proposed. A separate Process IV request for
wetland elimination (associated with commercial development on a portion of the Federal
Way Village site outside of the proposed subdivision) and wetland buffer averaging for
purposes of lot establishment, a pedestrian trail, and roadways has been forwarded to the
Federal Way Hearing Examiner.
2. The proposed zero -lot line townhouse residential subdivision is consistent with the existing
Federal Way zoning and comprehensive plan designations_
The subject property contains environmentally sensitive areas as defined by the Federal Kay
City Code (FWCC), including four regulated wetlands (Wetlands l and 2 within the portion of
the site to be subdivide and Wetlands 3 and 4 on the adjacent portion of the site to be developed
with mixed-use commercial uses). The site is also within the Ten Year contour areas associated
with the Critical Aquifer Recharge and Wellhead Protection Areas. The City reviewed the
applicant's specialized studies and material checklists related to sensitive areas, wetland
determination and buffer averaging plan, and Hazardous Material Inventory Statement as part
of environmental review and recommendations found in these reports have been applied in the
MDNS, reflected in preliminary plat conditions, and forwarded to the Federal Way Hearing
Examiner as appropriate. The applicant proposed to eliminates wetlands 3 and 4; mitigation for
wetland elimination has already been implemented as part of the construction of the South 336`x'
Regional Stormwater Detention Facility located just south of the proposed development.
Design and construction of plat improvements in accordance with all state and local codes,
policies, and regulations, and with all conditions as recommended, will ensure protection of
environmentally sensitive areas and provide for the public health, safety, and welfare.
4_ A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued for this
proposed action on February 16, 2008, based on a Staff Evaluation of Environmental Checklist.
Mitigation measures for transportation were applied to the project in the MDNS. Five written
comment were received regarding public transportation in the vicinity, potential of a private
well located on adjacent property, the potential for archeological sites to be located on site and
questions about the proposed wetland buffer averaging. No appeals of the environmental
determination were filed with the City. Pursuant to the FWCC, MDNS mitigation measures
become conditions of project approval.
The preliminary plat was reviewed and determined to be consistent with all preliminary plat
decision criteria set forth at FWCC Sections 20-126(c)(1) through (5), including consistency
with the comprehensive plan; consistency with all applicable provisions of the chapter,
including those adopted by reference from the comprehensive plan; consistency with the public
health, safety, and welfare; consistency with the design criteria listed in FWCC Section 20-2;
and consistency with the development standards in FWCC Sections 20-151 through 20-153,
and 20-156 through 20-187.
6. Lot sizes of the 95 proposed lots meet or exceed the underlying required minimum lot size of
1,500 SF; and range in size from 1,560 to 3,343 SF, with an average lot size of 1,976 SF.
7. The applicant's proposed grading plan clears approximately 62 percent of the site, including
54 percent of existing significant trees, in conjunction with street and utility construction, and
clearing of lots for construction of zero -lot line townhouse buildings. City staff will review the
grading request subject to review of a final grading plan and subject to all conditions of
preliminary plat approval. Mass Grading requests can generally be approved at the time when
construction plans are 80% complete. The applicant's request for mass grading will also be
evaluated within the context of proposed project phasing. Generally, grading activity is
permitted for each phase as it is constructed. Areas that are not proposed for immediate
construction must be vegetated as soon as vegetation is complete. This note must be included
on the plans. A TESC will be required to eliminate stockpile -related erosion and aesthetic
issues and provide protection of critical areas.
The applicant proposes to eliminate wetlands 3, and 4, and also proposes wetland buffer
averaging for buffers associated with Wetlands t and 2. These requests are subject to a Process
1V Hearing Examiner's decision pursuant to FWCC Section 22-1312(c) and FWCC Chapter 22,
Article XVI. Denial or modification of the requests will require modification of the proposed
subdivision design.
9. The applicant's significant tree inventory indicates approximately 737 of an estimated 1,586
significant trees will be retained within the areas contained within Wetlands 1 and 2 and their
associated 100 -foot buffer areas. All significant trees and vegetation within the wetlands and
their associated buffer areas will be retained in Native Growth Protection Tracts (NGPT's).
10_ The applicant has proposed a pedestrian trail that will run north -south through the site linking
common open space tracts and tot lots adjacent to the buffer area associated with Wetland 2.
The proposal results in preservation of approximately 16.58 acres (or 38 percent) of the overall
44 -acre Master Plan site in conservation open space, with approximately 34,679 square feet in
usable open space.
1 t . The City's Public Works Traffic Division has reviewed and concurred with the applicant's
Village at Federal Way Traffic Study prepared by Transportation Engineenng Northwest, LLC.
The MDNS requires the applicant to construct or voluntarily contribute the project's pro -rata
share to the City's impacted TIP projects, which will address impacts to the transportation
system.
12. Public access will be provided by construction of Road A connecting with South 336th Street to
the north and construction of Road C connecting with the proposed mixed use commercial
portion of the Federal Way Village to the east and Pacific Highway South. Plat layout provides
for good vehicle and pedestrian circulation in accordance with all applicable right-of-way
improvement requirements. In accordance with the FWCC, all public street improvements must
be dedicated as City right-of-way. The City's Public Works Traffic Division has reviewed the
project and concluded that the proposed street layout is consistent with the adopted codes and
comprehensive plan in place at the time of the complete application.
13. The application was routed to the Federal Way School District for review and comment. Based
on information provided by the school district, the site will be served by Panther Lake
Elementary School, Middle School, and Todd Beamer High School. Middle school and high
school students from the plat will be bussed from existing nearby stops, or new and additional
stops as the district may determine appropriate for the conditions. Elementary school students
will walk to school via new sidewalks constructed within the subdivision connecting to existing
sidewalk and roadway corridors.
14. This project is vested to the 1998 King County Surface Design Manual (KCSWDM) and the
City o Federal Way addendum to the KCSWDM, subject to the legal and binding agreements
associated with the properties. Level 1 Flow control and Resource Stream water quality
requirements as outlined in the KCSWDM will be met. Development of the Federal Way Village
Master Plan site is included in the detention capacity of the South 336`" Street Regional
Stormwater detention facility located south of the project site. Portions of the site will need to
purchase the right for a fee of $5,022.00 per gross acre. A Settlement Agreement between the
City of Federal Way and Campus Gateway and Associated effective May 1996 allowed the
construction of a regional detention facility and conveyance improvements within the subject
site and specifies that the property owners will not be required to provide on-site detention and
will be allowed to discharge to the regional facility.
The applicant's TIR was reviewed and accepted by the City's Public Works Department. The
applicant proposes to direct roof runoff from townhouse lots into Wetland 2_ The applicant's
engineer and wetland biologist will be required to provide documentation showing how the roof
runoff will be sent to the wetland(s) in a controlled manner and that the amount of roof runoff
going to the wetlands will sustain wetland and wetland buffer health and function.
15. The preliminary plat application was reviewed for consistency with all applicable state and local
codes, policies and regulations, including the Federal Way Comprehensive Plan (FWCP);
Federal Wav City Code (FWCC) Chapters 18, "Environmental Policy"; 19, "Planning and
Development"; 20, '`Subdivisions"; 21, "Surface and Stormwater Management"; Chapter 22,
Articles XIV, "Environmentally Sensitive Areas"; "Use Zone Chart 22- "Landscaping" XIX,
"Community Design Guidelines"; and XVI, "Improvements'; the 1998 King County Surface
Water Design Manual; and King County Road Standards. As proposed and recommended by
staff, the preliminary plat is consistent with the FWCP and all other applicable codes and
regulations.
16. 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.
17. As proposed and recommended by staff, approval and development of the proposed preliminary
plat will ensure consistency and compatibility with existing surrounding uses, and densities.
18. Pursuant to the FWCC, prior to final plat approval and recording, all required and approved
improvements will be constructed, or the improvements appropriately bonded, per City code
requirements.
XII. RECOMMENDATION
Doc. I.D.
Based on review of the applications, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends that the Hearing Examiner
recommend approval of the preliminary plat; and approve the Process IV component of the
application, subject to the following conditions:
Prior to the City's approval of engineering plans, the applicant shall submit a final landscape
plan, prepared by a licensed landscape architect, addressing tree preservation within the plat, all
landscaping within plat boundaries, wetland buffer area planting, restoration of any open space
areas disturbed by plat infrastructure construction, and street trees for review and approval by
the Directors of Community Development, Public Works. Prior to submittal to the City, the
landscape plan shall be reviewed and signed by a qualified wetland biologist and shall reflect
all applicable recommendations and/or conditions contained in the Hearing Examiner Decision
to be issued on the Process IV decision (City of Federal Way File No. 07 -102851 -UP regarding
proposed buffer averaging for Wetlands 1 and 2. Pursuant to FWCC Sections 22-1243 and 22-
1356(b) the City may require the applicant to pay for the services of a wetland biologist to
review plans, provide recommendations, and conduct inspections and/or monitoring on behalf
of the City, as determined by the Community Development Director.
Prior to the City's approval of engineering plans, the applicant's engineer and wetland biologist
shall coordinate efforts and provide documentation showing how the roof runoff will be sent to
the wetlands in a controlled manner and that the amount of roof runoff going to the wetlands
will sustain wetland and wetland buffer health and function Pursuant to FWCC Sections 22-
1243 and 22-1356(b), the City may require the applicant to pay for the services of wetland
biologist to review plans, provide recommendations, and conduct inspections and/or momtonng
on behalf of the City, as determined by the Community Development Director.
3. Prior to the City's approval of engineering plans, the applicant shall submit detailed design
drawings (including elevation and section details) for any proposed rockeries and retaining walls
associated with plat construction. Rockery and retaining wall design must reflect residential
scale, design, and sensitivity of materials or treatment, including use of vegetation and/or
terracing, where they are visible from adjacent residences or usable open space.
4. All on-site fencing associated with plat construction is subject to the City's final review and
approval of design, location, and any screening. Fencing shall allow for the migration of small
wildlife animals, where appropriate. Any chain link fencing, if approved by the City, shall be
vinyl coated black or green and shall be screened with vegetation.
4. Prior to final plat approval, open rail fencing, appropriate vegetation, and appropriate signage
shall be installed to separate the common open space areas, pedestrian trail and residential lots
from Wetland i and 2 buffer areas.
5. The final plat drawing shall establish sensitive areas open space tracts for both Wetland i and
Wetland 2 and their associated buffer areas to be owned in common an maintained by property
owners of the proposed subdivision and shall prohibit removal or disturbance of vegetation and
landscaping within these tracts except as necessary for maintenance or replacement of existing
plantings and as approved by the city. A note shall be included on the final plat map that the
sensitive areas open space tract shall not be further subdivided, may not be developed with any
buildings or other structures, and may not be used for financial gain.
Doc. I.O.
6. The final plat drawing shall dedicate all usable open space in open space tracts to be owned in
common and maintained by property owners of the proposed subdivision, and shall prohibit
removal or disturbance of vegetation and landscaping within these tracts, except as necessary for
maintenance or replacement of existing plantings and as approved by the City. Additional
vegetation may be located in open space tracts to meet conditions as approved by the City_ A
note shall be included on the final plat map that the open space tract shall not be further
subdivided, may not be developed with any buildings or other structures except as may be
approved by the City for recreational purposes only for the benefit of the homeowners, and may
not be used for financial gain_
Prior to issuance of a construction permit, the applicant must record a Boundary Line
Adjustment (BLA) with the King County Department of Elections and Records at the applicant's
expense. Said BLA shall establish a separate lot that is consistent with the proposed boundaries
of the proposed Zero -Lot Line Townhouse development. The BLA shall also establish a separate
lot that is consistent with the boundaries of Wetland 2 and its associated buffer area. The
remaining proposed lots establish parcel boundaries that are consistent with the proposed
internal street network.
Prior to issuance of a construction permit for any zero -lot line townhouse building within the
proposed subdivision, the applicant must record an Affordable Housing Agreement that
establishes that a minimum of five (5) units (95 units x 5% = 4.75 — rounds up to 5) within the
Federal Way Village zero -lot line subdivision plan area will remain affordable as defined in
Section 22-976(6) of the FWCC for the life of the project. Such agreement shall be in a form
approved by the City and must be recorded with the King County Department of Elections and
Records at the applicant's expense. This agreement shall be a covenant running with the land,
binding on the assigns, heirs, and successors of the applicant.
9. Prior to issuance of construction permit for any zero -lot line townhouse building on the Federal
Way Village site, detailed building and site plans and any minor site plan modifications shall be
submitted and reviewed via Process 11, Site Plan Approval. The following shall be considered as
part of this review in addition to applicable sections of the FWCC:
a. Compliance with Comprehensive Pian Amendment Ordinance 05-490, as
amended by Ordinance 07-556; and
b. Consistency with design guidelines established in "A Development Plan for
Village at Federal Way" (received August 2, 2007)_ In cases where the
development plan guidelines and City zoning ordinance standards conflict, the
City shall determine which standard applies.
XIII. LIST OF EXHIBITS
A Al - Reduced Scale Preliminary Plat Map,' revised January 15, 2008
A2 — Preliminary Plat — North, revised January 15, 2008
A3 — Preliminary Plat — South, revised January 15, 2008
A4 — Existing Conditions, revised August 2, 2007
1 Full size plan set to the Federal Way Hearing Examiner
Doc. I.O.
A5 — Road Cross Sections revised, January 15, 2008
A6 - Preliminary Grading and Utility Plan Sheet PP -6, revised August 2, 2007
A7 — Preliminary Grading and Utility Plan Sheet PP -7, revised August 2, 2007
A8 — Preliminary Tree Retention Plan, revised August 2, 2007
A9 — Preliminary Landscape Plan Sheet PP -10, revised August 2, 2007
A10 - Preliminary Landscape Plan Sheet PP -11, revised August 2, 2007
A I l — Preliminary Landscape Plan Sheet PP - i2, revised August 2, 2007
Ail — Open Space Plan, revised January 15, 2008
B. Vicinity Map
C. MDNS Issued February 16, 2008
D. Staff Evaluation with SEPA Checklist
E. Comment Letters Received Following MDNS
E 1 — DNR (e-mail)
E2 — Muckleshoot Indian Tribe Fisheries Division (e-mail)
E3 — Department of Archeology and Historic Preservation
E4 —King County Metro (e-mail)
E5 — Harry Horan
F. City Response Letters to MDNS comments
F 1 — Response letter to DNR
F2 — Response letter to Muckleshoot Indian Tribe Fisheries Division
F3 — Response letter to Department of Archeology and Historic Preservation
F4 —Response letter to King County Metro
F5 — Response letter to Harry [loran
G. Director's Process III Decision for the Federal Way Village Master Plan and Findings, Issued
January 25, 2008
H. Buffer Averaging Plan, prepared by J.S. Jones and Associates, Inc, revised December 5, 2007
I_ Hazardous Material Inventory Checklist, January 23, 2007
J. Settlement Agreement
J. Geotechnical Engineering Study Federal Way Village, prepared by Earth Consultants, Inc,
received January 23, 2007
K. Preliminary Technical Information Report (TIR) prepared by ESM Consulting Engineers,
revised May, 9, 2007(includes Settlement Agreement)
L. City Right of Way Modification,
L1- Letter dated August 28, 2007 approving modification request
L2- Letter dated October 1, 2007 denying subsequent modification request
M. Traffic Impact Analysis
M l — Village at Federal Way, Updated Transportation Impact Study prepared by
Transportation Engineering Northwest, LLC, July 16, 2007
M2 — Memorandum dated February 11, 2008 revising Updated Transportation Impact Study
dated July 16, 2007.
N. School Access: E -Mail from Federal Way School District dated October 29- 2007
O. Certificate of Sewer Availability
P. Certificate of Water Availability
TRANSMITTED TO THE PARTIES LISTED HEREAFTER_
Federal Way Hearing Examiner
Applicant - Federal Way Village, LLC
Project Engineer - ESM Engineers, Inc
Federal Way Staff - Janet Shull, Ann Dower, Sarady Long, William Appleton
City's Critical Areas Consultant - Lizzie Zemke, Adolfson Associates
DOC. I.O.
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PAGE i OF
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING FEDERAL WAY VILLAGE PRELIMINARY
PLAT, FEDERAL WAY FILE NO. 06-106382-00 SU.
WHEREAS, the applicant, Federal Way Village, LLC, applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as Federal Way Village, and
consisting of approximately 25.47 acres into ninety-five (95) zero -lot line townhouse residential lots
located at the southwest corner of South 336"' Street and Pacific Highway South; and
WHEREAS, on February 16, 2008, an Environmental Mitigated Determination of Nonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21 C of the RCW; and
WHEREAS, the Federal Way Hearing Examiner on April 16, 2008, held a public hearing concerning
the Federal Way Village preliminary plat; and
WHEREAS, following the conclusion of said hearing, on April 30, 2008, the Federal Way Hearing
Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of the Federal Way Village 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 June 2, 2008, the City Council Land Use/Transportation Committee considered the
record and the Hearing Examiner recommendation on Federal Way Village preliminary plat, pursuant to
Chapter 20 of the Federal Way City Code, Chapter 58.17 of the RCW, and all other applicable City codes,
and voted to forward a recommendation for approval of the proposed Federal Way Village preliminary
plat to the full City Council, with no changes to the Hearing Examiner recommendation; and
Res. # , Page 1 File #06 -106382 -00 -SU! Doc ID 45408
WHEREAS, on June 17, 2008, the City Council considered the record and the Hearing Examiner
recommendation on Federal Way Village preliminary plat, pursuant to Chapter 20 of the Federal Way
City Code, Chapter 58.17 of the 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.
1. The findings of fact and conclusions of the Hearing Examiner's April 30, 2008, 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 Hearing
Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, Federal Way Village preliminary plat, Federal Way File Number 06 -106382 -00 -SU, is hereby
approved, subject to conditions as contained in the April 30, 2008, 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 of the subject property. Should any court having jurisdiction over the
Res. # , Page 2 File a06-106382-00-su i Doc ID asws
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. Corrections. The City Clerk and the codifiers of this resolution are authorized to make
necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical
errors, references, resolution numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 7. 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
11:
Res. # , Page 3 File #06 -106382 -00 -SU / Doc ID 45408
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
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.
Res. # , Page 4 File #06 -106382 -00 -SU / Doc ID 45408