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LUTC PKT 07-07-2008 City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers July 7, 2008 5:30 p.m. MEETING AGENDA 1. CALL TO ORDER 2. APPROV AL OF MINUTES: June 16, 2008 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS G. Federal Way Village Rezone Ordinance Amendment Action Fewins & Bailey/ 30 min. Action Mulkey/1 0 min. Action Roberts/5 min. Action Perez/l 5 min. Action Barker/15 min. Action Harris/I 5 min. Action Shull/I5 min. A. Sign Code B. Setting Public Hearing Date for the Vacation of a Portion of South 320th Street C. Grant Funding for Transportation Improvement Projects D. 2009-2014 Transportation Improvement Plan (TIP) E. Brighton Park Final Plat - Resolution F. S 320th Place Preliminary Plat Small Lot Demonstration 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN City Staff Cary M Roe, P.E., Assistant City Manager/Emergency Manager Darlene LeMaster, Administrative Assistant II 253-835-2701 Committee Members Linda Kochmar, Chair Jim Ferrell Dini Duclos G:ILUTCILUTC Agendas and Summaries 2008\7-7-08 LUTC Agenda.doc City of Federal Way City Council Land Use/Transportation Committee June 16, 2008 5:30 PM City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Council Member Jim Ferrell, Committee Member Dini Duclos, Assistant City Manager/Chief Operations OfficerlEmergency Manager Cary Roe, City Staff Attorney Monica Buck, Planning Manager Isaac Conlen, Director of Community Development Services Greg Fewins, Acting Deputy Public Works Director Marwan Salloum, Engineering Plans Reviewer Kevin Peterson, Sr. Transportation Planning Engineer Sarady Long, Surface Water Project Engineer Fei Tang, City Traffic Engineer Rick Perez, Surface Water Engineer Jeff Wolf and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. All members were present. 2. APPROVAL OF MINUTES The June 2, 2008 LUTC meeting minutes were approved. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 2-0 Committee Chair Kochmar recused herself as she was not present at the June 2, 2008 LUTC meeting. 3. PUBLIC COMMENT There was no public comment. 4. BUSINESS ITEMS A. Kim Short Plat - Proiect Briefing: and Update Will Appleton provided background information on this item. Committee Member Duclos had a few questions. Who is responsible for the maintenance of the detention pond? Mr. Appleton responded that the applicant is responsible for the upkeep and maintenance of the detention pond for two years, at which point the City will take over the maintenance aspect of the pond. Are there other options to a chain link fence? Mr. Appleton answered that yes, there are other options; a split rail fence is more attractive but less effective in keeping people and animals out. A wood fence could be an option as well. Is there a limit to how many extensions an applicant may receive? Mr. Fewins replied that there is a one-time one year extension that may be granted if requested prior to the expiration of the original application. After the one-time extension, the applicant must re-apply. Committee Member Duclos also noted concern over the trees being removed and the muddy mess on the site. Is there a time line the developer must follow to build on this cleared land? Mr. Appleton answered that there is no time line for construction to be completed. The only timeline is for erosion control. This particular site has had erosion control measures taken, and will have the short plat hydro seeded prior to [mal approval. Currently, the applicant is in the process of completing the punch list items for the short plat. Committee Member Ferrell asked for an update on the pond. As far as Code is concerned, is the City following through and making sure that the aesthetics of the pond are considered? Public comment from Mr. Madison at the June 2, 2008 LUTC meeting indicated he was very unhappy with the aesthetics of the pond. Mr. Appleton explained that landscaping is usually incorporated into pond design. However, the landscaping is usually done around the outside of the pond, primarily because after the applicant's two year maintenance period, the City assumes maintenance responsibilities. More landscaping inside the pond equals more maintenance required. There are no plans for further landscaping to this particular pond at this point of development. The pond will be enclosed by a six foot chain link fence. City code requires detention ponds as land is developed. This pond will be a water quality and a retention/detention facility and is designed to have water in it year round. G:ILUTCILUTC Agendas and Summaries 2008\6-16-08 Minutes.doc Land Useffransportation Committee Page 2 June 16, 2008 Committee Member Duclos shared more concern over the aesthetics of the pond, especially to Mr. Madison. Committee Member Ferrell suggested privacy slats as an option to keep the chain link fence, but provide a visual barrier. There was some discussion on standing water. Mr. Appleton reiterated that the detention pond circulates water naturally. Public Comment: James Madison, 29827 23rd Ave S, Federal Way - Mr. Madison shared continuedfrustration over this project. He would like to know the exact timeline of when this project will be finished He feels many of the items brought up at the June 2, 2008 LUTC meeting regarding this short plat have been addressed most recently, in just a few days prior to tonight's meeting. In reference to the pond, Mr. Madison feels there to be a safety issue in that there is enough space between the ground and the bottom of the fence for a child to crawl underneath. In regard to the suggestion of privacy slats between the pond and Mr. Madison's home, Mr. Madison feels that would be fine. Committee Member Ferrell asked if Mr. Kim (developer) had been contacted about tonight's LUTC meeting. ACM Roe answered that Mr. Kim had been contacted, however elected not to attend. Committee Chair Kochmar expressed concern over the space under the fence of the pond and the safety issue concerning that. Committee Chair Kochmar also questioned Mr. Madison's front yard being left unfinished by the developer and asked if our Code addresses the length of time a neighboring property can be disturbed by adjacent development. Mr. Appleton answered that the property disturbed in what appeared to be Mr. Madison's front yard is actually right of way; however, he will have the PW inspector follow up on the issues brought forth by Mr. Madison. Committee Member Ferrell noted that he feels privacy slats are important, especially from Mr. Madison's view. Committee Member Ferrell would also like the space under the fence to be addressed. Because the City has been alerted to a potential safety issue, it is in the City's interest to protect itself. Committee Member Ferrell also suggested that PW inspectors may be able to evaluate Mr. Madison's flooding issues and offer assistance. ACM Roe will follow up with staff on the status of this project, the issue of hydro seeding, and the retention pond fence and will encourage Mr. Kim to finish the short plat in a timely manner. There was no action taken. This item was for information only. B. Ming Court Final Plat Isaac Conlen provided background information on this item. John Norris of Norris Homes commented that issues with the adjacent land owner have been resolved. Public Comment: Krista Baker, 31104 6th Ave S, Federal Way - Ms. Baker is still extremely frustrated with the developer, Norris Homes. Ms. Baker is requesting the LUTC Committee consider holding final plat approval for Ming Court until the developer makes good on their promises to Ms. Baker of completing the sewer connection and completing the fence. Committee Member Ferrell asked if the fence posts were in. Yes, the fence posts were installed today. Ms. Baker stated that her agreement with the developer had no timeline and that she was unclear of the process. Ms. Baker had received conflicting messages from both Norris Homes and from Lakehaven Utility District on the sewer connection. Mr. Conlen stated that the side sewer agreement was between the developer and Ms. Baker and was not a condition of the plat. The City doesn't have any means to require Norris Homes to follow through on their promises. The approval of the plat is a completely separate issue from the side sewer connection. Committee Chair Kochmar noted to Norris Homes the hope that they will live up to their promises with Ms. Baker. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee recommended forwarding Ming Court Final Plat to the July 1, 2008 City Council meeting for approval. C. AcceDtance of Grant Funding for TransDortation Improvement Proiects Marwan Salloum provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1,2008 City Council Consent Agenda for approval. G:\LUTClLUTC Agendas and Summaries 2008\6-16-08 Minutes.doc Land Useffransportation Committee Page 3 June 16, 2008 D. 500 Gallon Above Ground Fuel Tank - Bid Award Cary Roe provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1,2008 City Council Consent Agenda for approval. E. Setting the Transportation Improvement Plan (TIP) Hearing: Date Rick Perez provided background information on this item. Committee Member Duclos asked if the TIP went to Planning Commission prior to approval. Mr. Perez answered that the TIP does not go to Planning Commission during the approval process. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1,2008 City Council Consent Agenda for approval. F. 2008/2009 Commute Trip Reduction (CTR) Contract Amendment Sarady Long provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1,2008 City Council Consent Agenda for approval. G. lOth Ave S Stormwater Improvement Proiect. S 308th St Lateral Drainage Intercept Proiect. and Outlet Channel Modification Proiect Status Update and Request to Combine the Three Proiects Fei Tang provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 1,2008 City Council Consent Agenda for approval. 5. FUTURE MEETING The next regularly scheduled LUTe meeting will be held July 7, 2008 at 5:30 PM. Staff is considering cancelling the August 18,2008 LUTC and August 19,2008 Council meetings. ConfIrmation will follow once approved by Council. 6. ADJOURN The meeting adjourned at 6:55 PM. G:\LUTClLUTC Agendas and Summaries 2008\6-16-08 Minutes.doc .........................-...-.....-..............................................................-...................-..........-------.....-........................................ .............-----.--..--....----..........-.--...-..............----.-.................. COUNCIL MEETING DATE: July 15,2008 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of South 320th Street POLICY QUESTION: Should City Council approve a resolution to set a Public Hearingfor the street vacation of a portion of the right of way within South 320th Street on August 19, 2008? COMMITTEE: Land Use/Transportation Committee MEETING DATE: July 7, 2008 CATEGORY: IZI Consent D Ordinance D Public Hearing D City Council Business IZI Resolution D Other ~1.:~!~..!!EPORT ~.Y.=._!.~~M-':lIk~L~:_~:?._.~!~~~t Sx~tems_~~C?j~~!gI.!g!I.!_~e~EPT.:_..~~~E~..~ or~~___....._._.___._____.__.._...._ Attachments: 1. Memorandum to LUTC dated July 7, 2008. 2. Draft Resolution (includes Exhibits A, B and C) Options Considered: 1. Approve the Resolution to set the date and time of a public hearing for the street vacation of a portion of the right of way within South 320th Street at the August 19,2008 City Council meeting. 2. Set Public Hearing on an alternative date recommended by the committee. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: ~ Committee Council Council COMMITTEE RECOMMENDATION: Forward Option 1 on the July 15, 2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "1 move to approve the Resolution to set the date and time of a public hearing for the street vacation of a portion of the right of way within South 320th Street on August 19, 2008. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # K:\CQUNOL\AGDBILLS\2008\07-15-08 Setting Public Hearing Date for Street Vacation of a Portion of South 320th Street.doc CITY OF FEDERAL WAY MEMORANDUM DATE: July 7, 2008 TO: Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operating Officer, Emergency ~ Manager Marwan Salloum, P .E., Street Systems Manager John Mulkey, P.E., Street Systems Engineer 5.Wl Setting Public Hearing Date for the Street Vacation of a Portion of South 32f1h Street VIA: FROM: SUBJECT: BACKGROUND: Quadrant Corporation had petitioned the City to vacate a portion of South 320th Street, located between 32nd Avenue South and South King Fire and Rescue Station No. 64 located at 3720 South 320th Street. See the accompanying legal description (Exhibit "A") and map of the area to be vacated (Exhibit "B") and Vicinity Map (Exhibit "C") for exact location. The area is a portion of the north margin of South 320th Street that ~xtends beyond th~ Right of Way width required by the City's Comprehensive Plan. The properties abutting the area to be vacated is zoned RM 2400. The area is listed as Multiple Family Residential in the Comprehensive Plan. The Petitioners are seeking the street vacation to use the acquired property as part of a new development of a small lot demonstration project that abuts the South 320th Street Right of Way between 32nd Avenue South and the west property line of the South King Fire and Rescue Station No. 64. The area to be vacated has seven abutting private properties owned by Quadrant Corporation, which has had its authorized representative sign the petition. Attachment: Draft Resolution (includes Exhibits A, B, and C) cc: Project File Day File K:\LUTC\2008\07-07-08 Request for Street Vaction of a Portion of S 320th Street.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL ~Y, ~SHINGTON, REGARDING VACATION OF A PORTION OF SOUTH 320TH STREET, SETTING A PUBLIC HEARING FOR THE STREET VACATION. WHEREAS, a proper petition has been filed requesting vacation of a portion of South 320th Street, between 32nd Avenue South and the South King Fire and Rescue Station No. 64 located at 3720 South 320th Street in the City of Federal Way, as described in Exhibit "A" (legal description) and as depicted on Exhibit "B" and Exhibit "C" (Vicinity Map) attached hereto; WHEREAS, the petition contains the signatures of the owners of at least two- thirds of the property abutting the portion of South 230th Street proposed to be vacated; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing on the aforesaid vacation petition shall be held at the regular meeting ofthe Federal Way City Council at 7:00 p.m. on August 19,2008, in the Council Chambers in the City Hall, 33325 8th Avenue South, Federal Way, Washington. Said hearing date is not more than sixty (60) nor less than twenty (20) days after the date of the passage ofthis resolution. Section 2. The City Clerk shall give at least twenty (20) days notice of the hearing and cause the notice to be posted as provided by law. Res. # , Page 1 Section 3. The Public Works Director shall obtain the comments, recommendations, or other information from the City departments, affected agencies, and utilities, fire and police agencies, and shall transmit such information to the City Council so that the matter can be considered by the City Council at the public hearing on August 19,2008. 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. Res. # , Page 2 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ,2008. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, LAURA HATHA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. : Res. # , Page 3 EXHIBIT A RIGHTS-OF-W A Y V ACA TION DESCRIPTION STRIPS OF LAND IN II-IE SOUTHWESr OUAR ru~ OF SECnON 10. fOWNSHIP 21 NORTH, RANGE 4 CAS f, WM, BEING A POH IJON OF fRACTS ',2,3,4 AND ') CONVEYED TO fHE S fAI E OF WASHING TON fOR FiOAD BY DEEDS RECORDED UNDER RECORDING NUMBERS 4998517, 4998')3~). 534586 AND 4998520, ALL IN MIDWAY SUBURBAN IRACTS, ACCORDING TO lllE PLA T THEREOF RECORDED IN VOLUME 38 OF PLA IS, PAGE 40, RECORDS OF KING COUNTY, WASHING faN. DESCRIBED AS FOLLOWS: COMMENCING AT IHE SOUTHWEST CORNEH OF SAID SECTION 10; THENCE, NORTH 02005'OT EAST ALONG THE WESr LINE OF SAID SECTION 125.06 FEET; THENCE, sounl 89 "44'38" EAST, 41.03 FEE I TO rHE NORTHWEST CORNER OF THE SOUTH 75.00 FEE I OF TRACT 1 OF SAID PLA T AND POINT OF BEGINNING; THENCE, SOUTH 89044.38" EAST ALONG THE NORIH LINE OF SAID SOUTH 7500 FEET, 188.99 FEET TO fHE NORTHEAST CORNER OF THE SOUTH 75.00 FEE f OF SAID TRACT 1; THENCE, SOUTH 02"05'01" WEST ALONG THE EASf LINE OF SAID TRACT. 350~) FEET TO THE NORfHEAST CORNER OF THE SOUTH 40.00 FEET OF SAID TRAC r, THENCE, SOUTH 89'44'],'j'. EAST Al.ONG fHE NOFHH LINE OF THE SOUTH 40 on FEET OF TRACTS 2. J AND 4, A DIS rANCE OF 570 15 FEE I fO POINT HEREINAFTER CALLEU"POINT A", THENCE. ALONI; r\ f'10~J f Ai'Jcr-N f CURVE In f HL HI(;H I. II If HJ\DIUS P()jN! OF WHICH BEARS NO/ifH 68"IJ'57" WESr .nuo ITEf; HIENCE SOUTHWESTERLY THROUGH /\ CENTflAL MJCI[ OF 15 "18'1 G", FOFl Af'.J Anc LENGTH OF 11 49 FEf T . THENCE, NORTH 8944':38" WEST ALONe n iE Ncm fll liNt elF TllF sou 111 :;0 DO FEET OF TRACTS 1, 2, :3 AND 4, l\. DIST ANC[~ OF sn {lO FTU. THENCE, NORTH (VOS'O'" EAST ON THE WEsr LINE OF THE EAST 1000 r-:EEr OF SAID TRACT 1, A OISfANCE OF 35.02 FEEf fa A POINf ON rHE NORTH LINE OF THE SOUTH 6500 FEET OF SAID TRACT 1: THENCE, NORTH 89044'38.' WEST Al.ONG SAID LINE, 17847 FEET; THENCE, ALONG A NON rANGENT CURVE fO THE fliGHT, THE RADIUS POINT OF WHICH BEARS NORTH 82"33"59.' EAST 38.00 FEET; THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 9"31"03", FOR AN ARC LENGTH OF 6.31 FEET THENCE, NORTH 02"05'01" EAST 3.71 FEET TO THE POINT OF BEGINNING; ALSO, COMMENCING AT SAID "POINT A; THENCE, SOUTH 89044'38" EAST ALONG THE NORTH LINE OF THE SOUTH 4000 FEET OF TRACTS 4 AND 5, A DISTANCE OF 66.05 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89044'38"' EAST, 6380 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF THE WEST 10000 FEET OF TRACT 5; THENCE, SOUTH 02 'U5'0 1 " WEST ALONG SAID EAST LINE 20,01 FEET TO THE NORTH LINE OF THE SOUTH 20 FEET OF SAID fRACT 5; THENCE, NORTH 89"23'56" WEST ALONG SAID SOUTH LINE, 49.62 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 39"51'24" EAST 4300 FEET; THENCE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 32"37'04", AN ARC DISTANCE OF 24.48 FEET TO THE POINT OF BEGINNING. EXHIBIT B EXHIBIT MAP RIGHT-OF-WAY VACATION ----j __ . 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L .. .. - '... - rl , . ! \ --",--- \ \ \ ~/ .-, ~ 11255 Kirkland Way. Suite 300 PACE5) ~?,;;~2~~oi~3i425821",,3 Civil I Structural' Planning I Survey An fnqineerio<J SeMces Compan'{ paceengrs.com QUADRANT HOMES sou TH 320 TH PLACE RIGHT -OF -WA Y VACA nON SCALE: 1- = 150' FlLE\5809-ROW-VAC DArE 5/21/2008(REV) .JRO!AL[ PfWJ NO' 05809.14 EXHIBIT C ,i~ /'" \~ /' 'i. -. i '. ;', ,/Hi;llrt~'r',;: i::, -".:("\ \}l~.j j tor lJi~~,'ILL;.J_!~ ././) :1 r'f f\1lo'-i/ac;.,lrp' "',:/11 /~ . ~ r i : ~ 1 'i-f,' \\;, - ~ ,'~-'~t-Jj :J\,:~ ill _.~ \, " I If 1 1[,'. "1fl" .-.-' I" .., ,) , II. .I II L! jird 'I'~'JI ' )(\.> !1't"IU~( '."1111 I ; ~ ' I" \) J} I! . I I, r 11 \ J - i:'i' eUl:j~lr ) f,~fj!~(~,r.:f'-)!'rl.l, I IU;jj!(tf ,~l AI' \ ~i \, V,11fJ'>' ,':,< 1Ijll!mJllfl~ ~) 1:1lf . ,I" f\ U 'I Y r /1' ~j L ,j 1 . \"i 1 II 1 I j I' ' III /' r,.,,' f ,\ <....- I 11 ',I ' , ,J' '[ ,,'. - '1 t II , r I[O{' ();^,'.'l(,,~../>, 1j(. Ihl'jHlj'! I 1 ill ,\...:\/1[1 nu 1 ~t.J)) ~t! ,j - 1, '. 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J 1-;// r~/ J , ,*, / r- <{ ~ a:: w if} :J W <{ r a:: w >-- UJ ? >- (f) w > <( o Z N (") VICINITY MAP S 320th ST (Quadrant) STREET VACATION Ie by KCM Note nus map IS Hltended for use as ;) griJ{lhlcal representation only P Updated Mav 1 S. 2008 rfle City of Federal Way makes no warranty as to tls accuracy. COUNCIL MEETING DATE: July 15, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 7,2008 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D Public Hearing D Other .~!~!!':. RE!Q!!!...~:X:_JY.!~<l!!..~_'.l:Ug~, P .E:?_~!?tingJ?~~!y_~~~!~~...~g.~~~ Di!~~!2!.....J:)J:_~_:.J~~~1!~_W or~.~__._._.._..____ Attachments: Memorandum to the Land Use and Transportation Committee dated July 7, 2008. Options Considered: 1. Authorize staff to submit a grant funding application under the 2008 Intersection Corridor Safety Funding Program for the Pacific Hwy S HOV Phase IV (Dash Point Rd to S 3 12th Street) project. 2. Do not submit any grant funding application under this funding program. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the July 15, 2008 Council Consent Agenda for a roval. CITY MANAGER ApPROVAL: DIRECTOR APPROVAL: thwt Committee Council Council COMMITIEE RECOMMENDATION: Committee recommends forwarding staffs recommendation to the July 15,2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval to authorize staff to proceed with submitting a grant funding application under the 2008 Intersection Corridor Safety Funding Program for the Pacific Hwy S HOV Phase IV (Dash Point Rd to S 312th Street)project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 7,2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, Chief Operating Officer, Emergency ~ Manager FROM: Marwan Salloum, P.E., Street Systems Manager ~- <1tBrian Roberts, P.E., Street Systems Project Engineer SUBJECT: Grant Funding/or Transportation Improvement Projects BACKGROUND This memorandum provides the Council with the current funding availability of new grant funding programs for transportation projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following project will likely be competitive in the 2008 Intersection Corridor Safety Funding Program. Project (Funding Phase) Grant Estimated Project Cost Possible Grant Fund Required City Match Pacific Bwy S BOV Phase IV (Dash Point Rd to S 312th Street) (Construction Phase) 2008 Intersection Corridor Safety Program (Federal Funds) $20,800,000 $500,000 $0.00 K:\LUTC\2008\07-07-08 Grant Funding for Transportation Improvement Project.doc COUNCIL MEETING DATE: August 5, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009-2014 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should the City Council approve the proposed 2009-2014 Transportation Improvement Plan? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 7, 2008 CATEGORY: D Consent D Ordinance [gI Public Hearing D City Council Business [gI Resolution D Other ~!~~!J!~!Q~T BV.~.J.~!~~~~~~~, P .E.,_..g.i.!Y_Iraf!!~E:.!!g!~~~!.._.~.__...__~~~!-=__~~~.!!.~._~ or~~__...._...._._...__.____ Attachments: 1. Memorandum to LUTC dated July 7, 2008, exhibits included. 2. Draft Resolution for the 2009-2014 TIP. Options Considered: 1. Adopt the proposed 2009-2014 Transportation Improvement Plan. 2. Amend the proposed 2009-2014 Transportation Improvement Plan. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Ch1f\ CommJttee Council Council COMMITTEE RECOMMENDATION: Forward staff recommendation to the August 5, 2008 City Council Public Hearing Agenda. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval of the resolution adopting the 2009-2014 Transportation Improvement Plan. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 7, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager oWl Rick Perez, P.E., City Traffic Engineer ~ . 2009-2014 Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the August 5, 2008 City Council meeting. Once the revised plans have been adopted by Resolution, a' copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Revised Plan: Attached for your review and comment are the proposed 2009-2014 TIP and ASIP (Exhibit A), a location map (Exhibit B), and a draft resolution for adoption (Exhibit C). The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan TP8I, which reads, "Prioritize transportation projects considering concurrency, safety, support for non-SOV modes, environmental impacts, and cost effectiveness." The scoring criteria as established for Transportation TIP/CIP Prioritization ranked each project. Staff also reviewed and analyzed available grant-eligible programs suitable for project programming. The proposed plan does not significantly differ from the previous year's plan; changes should be noted as completed projects. No new projects are being proposed. Comoleted Projects: Projects that will be completed in 2008 include the following: · SR-99 HOV Lanes Phase 3: Add HOV lanes, second southbound left-turn lane @ S 288th St, install raised median, signal at SR-509 @ Redondo Way S with interconnect to 11 th PI S. · S 348th St: 9th Ave S - SR-99: Add HOV lanes and raised median. July 7, 2008 Land Use and Transportation Committee 2009-2014 Transportation Improvement Plan Page 2 Proiects with Modified Scone: · 12th Ave SW / SW 344th Street Extension: SW Campus Drive - 21st Avenue SW, extends 3-lane collector. 12th Avenue SW improvements have been constructed by development, leaving a southbound right-turn lane to be constructed at the intersection of 10th Avenue SW and SW Campus Drive, and the segment of SW 344th Street between 12th Avenue SWand 19th Avenue SW to be constructed. These are now broken into separate projects (See Exhibit B, Map ID #s 6 and 7). · SW 3 12th St @ SR-509, add left-turn lanes. The project is modified to extend a two-way left-turn lane and construct a new traffic signal at 14th Ave SW to address capacity and safety needs associated with Lakota Middle School. Attachments: Exhibit A - Draft TIP Exhibit B - Location Map Exhibit C - Draft Ordinance (inc. Exhibit A) cc: Project File Day File ~ ! ~ ~ ~ ~ ~ 2 i;i * ~ 5 ~ s~ ~ ... .; .. ll"ig 2 ~ ~ ~- ~~ ~ ~ ~~U! ~ ~ Ii .; - tri....; .; ......,: VI- 88 ~~:;; ~ -~ ~ ~ ~ ~.. ~~ U) =._ ~- ii rig ~ ... .. S i ~ ~. 0_ ~ ~ ~~ ~ ~ ~... "'- .; ... - ... ~- ..; .. >'" ~ ~ ~- ~ ~ ~ ... I"' .. .. ~ ~ ~ I"' ",- i~ ~~ ~ ~ ... ... > ~ .~ .. Iii ~ '" s I ~ ~ ! 1;; 1! W ~ I ~ ~ - '" of ~ ~ ~ 2 ~ U ~ ... "'N 2 ~ ;( ~ :lril ! .. '" N-.....: ...,$- fil U 14 al! >2 ~ 1 iN'" _ 111.::. I ~<D2 ~~ ~ ! :l 2 J '" it ~ s i I ~ '" ~ ~ '" ~ '" '" 1;; I i.. f l t i { ~ .. a ~ HI ~~ .=05 Iii j ;: ~ Iii !,.! '" '" ~ ~ ~ ~ <Iii ~:l 'to; <~ ~'" ... ~ ~ "'''' J !J g II ;;;!.i CD :!: .c .s:: x W p)IW.~~eodIl~u.~:r >- ~ (ij "- <U "'C <U LL \f- a >- ~ () c cu - cD. 0.... .- C ....(1) ~~E .....0(1) o Q. > ~fnO O)c~ OcuQ. ~~.5 . <1z .l! :i! >. ~ ~ CD ,:c ~~ <Ii a> "" c: . ~,g ;.\\1 oc: c: 51 >-l!! .<:la- i! '2 .~ m.r:. a- a- E l! 8~ m>- .!! Q.. 1i.~ E .. .!!! :0 .r:.c: I-m c Q) E ~ e a. .E 1:1 Q) N .C: .s o ::E I c: o () z I I c Q) E ~ o a .E c: o ts Q) [!! Q) :s c Q) E Q) > o a .E '" CD o >; co ~ui io l!!!!co >;8 a><(-Jl!'" ~=d;;sob LLCOx-C") o~~~~ .~::lo~~ U(W')Q.LL_ co o o '" >; m :; B m o a- m :; 5 1:1 .C: 5 ~ .,; ~ "0 C GI Q) .3 l.......-.--- L! ! ! t\"..1 l/" ! i l~__.._..._.._... S 3^'" IS~!ii - :/: .0 ~ "- EXHIBIT C RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AN EXTENDED AND REVISED TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN FOR 2009-2014, AND DIRECTING THE SAME TO BE FILED WITH THE WASHINGTON STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. (AMENDS RESOLUTION 91-67, 92-117, 93-155, 94-186, 95-210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-433, 05-451,06-481, and 07-503). WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated its Transportation Improvement Program (nProgramn) on October 19, 1993, by its passage of Resolution No. 93-155; and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 4, 1994 (Resolution No. 94-186); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 1995 (Resolution No. 95-210); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 16, 1996 (Resolution No. 96-236); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 1, 1997 (Resolution No., 97-258); and RES # , PAGE 1 WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 7, 1998 (Resolution No., 98-273); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 1, 1999 (Resolution No., 99-299); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 20, 2000 (Resolution No., 00-316); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 17,2001 (Resolution No., 01-343); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 18,2002 (Resolution No., 02-365); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 15,2003 (Resolution No., 03-391); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on November 2, 2004 (Resolution No., 04-433); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 19,2005 (Resolution No., 05-451); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 18,2006 (Resolution No., 06-481); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on September 4,2007 (Resolution No., 07-503); and WHEREAS, the City Council of the City of Federal Way has reviewed the work RES # , PAGE 2 accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and WHEREAS, a public hearing was held on the revised Transportation Improvement Program on August 5, 2008, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation Improvement Program and an Arterial Street Improvement Plan for the ensuing six calendar years; and WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually reVIse and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEP A Responsible Official has adopted the DNS Federal Way File 08-102670-00-SE issued for the City's 2009 - 2014 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) which includes the extended and revised projects contained in the TIP adopted herein; and WHEREAS, adoption of the City's 2009 - 20 14 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) adopted herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RES # , PAGE 3 Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6) calendar years (2009-2014 inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements and the estimated costs thereof, is hereby approved and adopted. Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibit A, with the Washington State Secretary of Transportation and a copy with the Washington State Transportation Improvement Board. Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of th~ Resolution is hereby ratified and affirmed. Section 5. 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 , 2008. CITY OF FEDERAL WAY MA YOR, JACK DOVEY ATTEST: RES # , PAGE 4 CITY CLERK, N. LAURA HATHW A Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. RES # , PAGE 5 ~~~g~~~~~~~~!m~E~R~~8~~~8R~ ~riN~~~~~~~~~~~~~~N~~~~ ~~~~ ~ ~ g i ~ ~ .. I g ~ a: o I ~ Q ~ ~ " ~ N ~~ ~ ,E "~ .S ::; ~N " i ~ ~ i; N ..." >N ~ i- g i"' ~~ ! i ~ Ii! g .~ ~ fi 80 '0" sa ~ ~ ~ ~j r! ~~~.~~! j j "go E w "'~ a ~~ l!: !!ill i lii~! <l~ ~ li c W ~~'"~t ii~~1 "'~iH h~H ~ ~ ~ ~ N ~ ,; ~ ~ ~ ~ N ~ -' ~~ o ;!:. 000 ~ $:: -'N. ~ a i- ~ ~ M ~ ~ ~! i M l'i N li\ o o ,; ~ *. O~ 0 <OM ~ '" ~ 1(\ -' ~ or-..oo,," M 0 to "<t "" _l"lM...,1O -' -. ...," R~ ~~E M~ T"" 0_ 0 ~M 0 ~ N ~ ~ ~ ~' ~ ~~ ~ oj U> ~ '" 9 ! ~ ~, ~ '" l'- '<t '" 0 M N ..j g ~~ ~ 1--- f'j ~ g : ,.: 8, N ~ o ~ ~ N ~ N 1~ ;! ~ = N"......,....' M~~ S " ~~ ~ li = ~:<l ~ oj o ~ M N <0 '" ~ i g~E =CO~ ~ ~u <;f ~ U> 0: Ii 9 i i ~ U> ~ i a: @ ~ '" '" " l I" t II OJ . ~ ~ l: g; ~ ~ ~ ~ ~ ~ <" ! ~g ~("C ~ l ~~l:i ~NS. a. ;' ~@H ~~t ~ i ..j~~" ~h ~ h~!!i~..~ ~ t!" i~d~ n~jl ~o .q ~H'.iiH~S ~ 1[ g.h~!Ii~~jjj ~ 1. lD("l~OS~Cl)S>> ~j Z~"':tf,'ii"'.!f!f si! ~~~HH~H ~~ ~ j ~ 2 ~ " ! '. ~ l J I i ~ m i ~~ :j ~- ~~ c 1 ~ .~~ ~~, ~~~~.~j ~ "8 ~hi!!!ii ""HhH!H r!P.qE q ~~h~~!H ai Mi!~ll!f~g ~HhiHI Ib:~~N~.~~~.~=;~:~:=~=~2~~~~ " '" v; ~~ ~ a: ~ ]: ~ ; ~~ ! ~ ~ ~ ~~ g~ ~ ON ~ ffi ~~ ~~ :il~ ~ l~ U>~I~" ~~",~~i~~",w~;; 2' U> 'U>~~In~~ ~!)i~!)i"':J<~ 2' 11.5:' ~q;(f.I~s:c(i<;;c (i;<,<,~V,lBii< o.(f) ~jj~~2~"'~~gln~~i~i~N2"'~~~~2 9 -~~- _",N ~ -!)iNa:@~~@N- ~. < M~ ~~ ~ M~ @"'--0-@~ ~ jgjm@~w~~",w ~"'~~w~i~~iw~~M~ ~u~~m~~<~~~~ggM~~~~~fM~Mm~! 6. B:I:V,l~~!:!~~~:(f.I:I(f.I~~:~~(f.I~ i~w! -<~ "E!~ : 0 "I ~w, <~ ~lil '" M0 ~ !l~ M ~ . '" - '" I ~ o ie~~ COUNCIL MEETING DATE: July 15,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Brighton Park of Federal Way Final Plat, File No. 07-I002720-00-SU POLICY QUESTION: Shall the proposed 28-lot Brighton Park of Federal Way Final Plat be approved? COMMITTEE: Land Use & Transportation Committee MEETING DATE: July 7, 2008 CATEGORY: I:8J Consent o City Council Business o Ordinance I:8J Resolution o o Public Hearing Other STAFF REpORT By: Deb Barker, Senior Planner DEPT: Community Development Attachments: June 30, 2008, Final Plat Staff Report, including August 2, 2005, Preliminary Plat Resolution No. 05-452; Final Plat Map; and Draft Resolution for Final Plat. Options Considered: Approve, disapprove, or return to applicant. Decisional Criteria: Pursuant to FWCC 20-136(b), the City Council, in a public meeting, shall make written findings that the final plat is in substantial conformance to the preliminary plat and is in conformity with applicable zoning ordinances or other land use controls; that all conditions of the Hearing Examiner and/or City Council have been satisfied; that the public use and interest shall be served by the establishment of the subdivision and dedication, etc. STAFF RECOMMENDATION: Approval of Brighton Park of Federal Way Final Plat CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: (~ Council COMMITTEE RECOMMENDATION: ] move that the Land U~e and Transportation Committee forward to the City Council, and place on the July 15, 2008, City Council consent agenda, a recommendation approving the Brighton Park of Federal Way Final Plat Resolution. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: H] move approval of the Brighton Park of Federal Way Final Plat application. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # File #07-100272-00-SU Doc. 1.0. 46035 ~ CITY OF ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Linda Kochmar, Chairperson Land Use and Transportation Committee FROM: Greg Fewins, Director of Community Development Services ~ Deb Barker, Senior Planner ~ . VIA: Cary M Roe, P.E., Assistant City Manager ~ RE: Request for Brighton Park of Federal Way Final Plat Approval File #07-1 00272-00-SU DATE: July 1,2008 I. RECOMMENDATION City of Federal Way staff has reviewed the Brighton Park of Federal Way final plat for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. INTRODUCTION Request: Description: Owner/ Applicant: Engineer: Request for final plat approval for Brighton Park of Federal Way Subdivision. Brighton Park of Federal Way cluster subdivision consists of25 single-family lots on a I5.93-acre site, of which approximately 7.34 acres is developed with the balance in wetland and buffer. Access for the subdivision is from 9th Avenue SWat SW 365th Place. All required roads, sidewalks, storm drainage facilities, sewer lines, and water lines have been constructed in accordance with preliminary plat approval granted by the City Council on August 2, 2005, or are financially guaranteed in accordance with the Federal Way City Code (FWCC). Norris Homes Inc. John Norris 2053 Faben Drive Mercer Island, W A 98040 CES NW, Inc. Eric Ohler 5210 12th Street East Fife, W A 98424 Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-100272-00-SU / Doc. J.D. 45978 Page 1 Location: West of 9th Avenue SWat SW 365th Place, as extended; NW Section 30, Township 21 N, Range 4 E, West Meridian, Federal Way, King County (see Exhibit A - Vicinity Map) Sewer: Lakehaven Utility District Water: Lakehaven Utility District Fire Dept: South King Fire and Rescue School Dist: Federal Way School District Prepared By: Deb Barker, Senior Planner III. HISTORY AND BACKGROUND Brighton Park of Federal Way Subdivision is a proposed cluster subdivision of28 single-family lots on a 15.93-acre site (Exhibit B - Final Plat Map). The Brighton Park Preliminary Plat, File No. 03- 103 1 78-00-SU (Exhibit E - Preliminary Plat Map), was granted approval by the Federal Way City Council on August 2, 2005, per resolution 05-452 (Exhibit F - Preliminary Plat Resolution). Zoning for the site is Single-Family Residential 9.6 (RS 9.6). For a cluster subdivision zoned 9.6, each lot must have a minimum lot size of 5,000 square feet. The final plat map and lot closure calculations were reviewed to ensure all lots meet the minimum lot size requirement. The applicant applied for final plat approval on January 17, 2007. The final plat application was deemed complete by the City on June 30, 2008. Improvements installed under Engineering Application No. 06-I00441-00-EN are now substantially complete or bonded. Pursuant to RCW 58.17.110 and FWCC Section 20-136, the City Council is charged with determining whether the following requirements have been met: 1. The proposed final plat conforms to all terms of the preliminary plat approval; 2. The subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3. All taxes and assessments owing on the property have been paid; and 4. All required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed The Brighton Park of Federal Way final plat application for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met. A proposed resolution of the City of Federal Way, Washington, to approve The Brighton Park of Federal Way final plat is enclosed (Exhibit C- Draft Resolution of Final Plat Approval). IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval in the same order referenced in Federal Way City Council Resolution 05-452. Required improvements have been completed as allowed by FWCC Section 20-135. The resolution adopted the findings of fact and conclusions of the Land Use Hearing Examiner's July 1,2005, Report and Recommendation. Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-1oo272-00-8U I Doc.l.D. 45978 Page 2 Based on review of this application, the environmental record, and pertinent decisional criteria, the Department of Community Development Services recommended approval of the preliminary plat subject to the following conditions: I. As required by the Directors of Community Development and Public Works, prior to commencing construction, final engineering plans shall be prepared in accordance with the 1998 King County Surface Water Design Manual (KCSWDM), for the City's review and approval, and shall address the following: a) For purposes of maintaining wetland hydrology and the quality of surface water entering the wetland buffer, Lots #12 through #22 shall be designed to direct surface flow into the wetland buffer. Roof runoff shall be directed to the wetland buffer via dispersion trenches and driveway runoff from Lots 21 & 22 shall be treated or infiltrated prior to discharge into the wetland buffer. Staff Response: This condition has been met. Prior to engineering plan approval, the storm pond was approved for relocation between lots 20 and 21 as this was the true low point of the site. The August 2006 Storm Drainage & Erosion Control Report for Brighton Park prepared by CES, NW, Inc. found that runoff from lots 12 through 19 would most closely match existing conditions of discharge into the wetland and that runoff from lots 20, 21, and 22 was not necessary for direct wetland discharge, although it is routed to the storm drainage pond and eventually the wetland buffer. The TIR also found that direct discharge did not adequately treat the runoff from driveways, so the final grading directs runoff to the storm drainage pond for treatment before discharge into the wetland. Note #8 on sheet 5 of 6 of the final plat establishes the requirement for dispersal trench and roof drains to be installed on lots 12 through 19 with flows from the trenches directed into the wetland buffer, and further requires individual lot owners to maintain the dispersal trenches in conformance with the 1998 KCSWDM. b) Construction activities within the 100- foot stream setback are prohibited from October 1 st to April 1 st, except as may otherwise be approved by the Public Works Director. Staff Response: This condition has been met. Seasonal work restrictions were included on approved engineering plans, designed to comply with the requirements of the KCSWDM, and were subsequently enforced during construction related inspections by the Public Works staff. c) A drainage analysis addressing the requested second culvert beneath 9th Avenue SW for the City's review and determination by the Director of Community Development Services, pursuantto FWCC Section 22-13I2(a). Staff Response: This condition has been met. The developed hydrology section of the August 2006 Storm Drainage & Erosion Control Report for Brighton Park prepared by CES, NW, Inc. found that the stormwater runoff produced by 9th Avenue SW south of the site will be infiltrated within proposed ditches, creating no impact to the existing downstream system, thus the second culvert was not needed. Storm drainage engineering plans (EN file) were reviewed and approved by the Public Works Department. Construction of the storm drainage facilities has been inspected by the Public Works Department. Brighton Park of federal Way final Plat Staff Evaluation June 30, 2008 File 07-100272-00-SU I Doc. LD. 45978 Page 3 2) As required by the Director of Community Development Services, pursuant to FWCC Section 22-1243, the City's wetland consultant will review the applicant's storm drainage plans at the applicant's expense, and the City may require that any related recommendations be addressed in final plans, prior to commencing construction. Staff Response: This condition has been met or is bonded as provided by the FWCC. In an August 21, 2006 memorandum, the City's wetland consultant recommended conditions to address runoff discharge into the wetlands, ongoing maintenance of the storm pond adjacent to the wetland, temporary erosion control measures, and permanent wetland fencing with signage. The approved engineering plans and associated maintenance provisions ofthe KCSWDM included the recommended measures for runoff control, and discharge from individual lots is directed into the wetlands as discussed in condition #I(a) above. The applicant has elected to bond for installation of the wetland fencing and signage. Final plat Note #13 on sheet 5 of 6 states that the wetland buffer fencing shall be fully installed along the wetland buffer within six months of the final plat approval, or alternatively, fully installed before the final inspection of any house on lots 12 through 19, and note # 1 0 clarifies that the Homeowners Association is responsible to maintain the wetland buffer fencing and critical area signage. 3) Any retaining walls associated with plat infrastructure or future home construction shall promote residential design themes, for compatibility with surrounding residential areas, by utilizing design measures such as terracing, orientation, natural material selection, use of vegetation, and textural treatment. Staff Response: The condition has been met. There are no rockeries associated with plat development and the retaining walls associated with the pond are screened from the right-of- way and adjacent properties with landscaping established in an easement to be maintained by the Homeowners Association. v. SEPA A Mitigated Determination of Non significance (MDNS) was issued on January 29, 2005, in accordance with the State Environmental Policy Act (SEP A). The following conditions of approval were identified: 1. As required by the Public Works Director in order to mitigate potential adverse transportation impacts to the surrounding road network, the applicant must construct the identified Transportation Improvement Plan (TIP) improvements listed below. In lieu of constructing these TIP projects, prior to final plat approval, the applicant may voluntarily pay a pro-rata share contribution of $89,905.00 towards the following impacted TIP projects based on the calculation below. PRO-RATA SHARE CONTRIBUTION TO TRANSPORTATION IMPROVEMENT PROJECTS Pro-rata share contribution is required using the following formula: Pro-rata share percentage equals the project PM peak hour trips divided by future project PM peak hour volume times 100. Pro-rata share amount equals pro-rata share percentage times estimated TIP project cost divided by 100. Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-100272-00-SU I Doc. l.D. 45978 Page 4 The pro-rata share percentage is calculated using PM peak hour volumes and was determined by the traffic impact analysis. The pro-rata share amount is calculated below and is rounded to the nearest 100 dollars. a) South 34tfh Street HOV Lanes Phase 2: Construct HOV lanes. Total estimated project cost is $4,350,000. Pro-rata share percentage = 0.26% Project contribution = 0.26 x 4,350,000 /100 = $11,310 b) South 35(}h Street: Widening and enhancements. Total estimated project cost is $8,905,000. Pro-rata share percentage = 0.88% Project contribution = 0.88 x 8,905,000/100 = $78,595 Staff Response: This condition has been met. The applicant will provide an $89,905.00 payment toward TIP projects to mitigate off-site traffic impacts prior to final plat approval. 2. As required by the Public Works Director in order to mitigate potential adverse neighborhood- scale traffic impacts, the applicant shall provide traffic calming devices on 9th Avenue SW. Prior to the preliminary plat hearing, the applicant shall meet with the neighborhood to develop consensus on the type(s) and location(s) of appropriate devices, subject to acceptance by the Public Works Department; and the proposed devices must be generally shown in preliminary plat drawings and must be constructed in conjunction with plat improvements and the approved engineering plans. Staff Response: This condition has been met. Speed humps proposed by the neighbors to provide traffic calming were depicted on approved engineering plans and constructed with signage along 9th Avenue SW. VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording. 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met. In February, 2006, the City received a modification request to relocate the storm drainage tract from the south side of the plat to the west side of the developed plat, as previous engineering documents did not accurately reflect the true low point of the property. The City administratively approved the new pond location as it was a more natural point for discharging surface water runoff into the wetland buffer and allowed site grading to more closely follow the natural topography. The revised lot layout was depicted on engineering plans approved on August 30, 2006. The City also received a June 23, 2008, request to revise front yard setbacks on lot # 1 and #28, as the approved preliminary plat depicted 20-foot front yard setbacks along both the 9th Avenue SW and SW 356th Place frontages. The City found that the modification request to eliminate the dual front yard setback depicted on 9th Avenue South and maintain the one front yard setback on South 356th place was consistent with setback requirements of the FWCC and administratively approved the modification request on June 30, 2008. As modified, the final plat is representative of the preliminary plat and the conditions of preliminary plat have been met or financially guaranteed. Brighton Park of federal Way final Plat Staff Evaluation June 30, 2008 File 07-100272-00-8U I Doc. J.D. 45978 Page 5 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The lot cluster plat meets the zoning standards for the RS 9.6 zoning district, providing single-family dwelling unit lots of at least 5,000 square feet. The smallest lot size is 5,000 square feet in size and the largest lot size is 7,926 square feet, with the average lot size 6,221 square feet. As required under FWCC Section 22-1641, "Design Standards of Cluster Residential Lots," the applicant has implemented cluster design concepts that incorporate front entries as prominent features of the house; the attached garages do not compose more than 40 percent of the front fac;ade if garages are flush with the front fac;ade, or will be setback five feet from the rest of the fac;ade; and the CC&R's note that each unit is intended for owner occupancy. A model home is currently under construction. As provided for in FWCC Section 20-135(b), performance and maintenance bonds are in place for the entire plat, including frontage improvements of final overlay and street trees and all infrastructure. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or are financially guaranteed to be completed. 4. That the public use and interest shall be served by the establishment ofthe subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations. All life-safety improvements have been completed. Provisions for the public health, safety, and welfare have been provided. The applicant has provided open space on site in a small park to be owned by the homeowners association and in a large wetland tract which will be dedicated to the City as permanent open space. Safe walking routes of travel to schools bus stop locations are maintained and enhanced with the plat development. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road, storm drainage, and open space improvements have been constructed and/or financially guaranteed. In addition, all water and sewer lines have been installed and approved by the Lakehaven Utility District as identified in Lakehaven's May 14, 2008, "Letter of Substantial Completion" (Exhibit G). 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. Brighton Park offederal Way final Plat Staff Evaluation June 30, 2008 File 07-100272-00-SU I Doc. I.D. 45978 Page 6 VII. CONCLUSION Staff recommends approval of Brighton Park of Federal Way final plat. Based on site visits, review ofthe final plat maps, construction drawings, and the project file, staff has determined that the application for the final plat meets all platting requirements ofRCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that the plat conditions and code requirements will be completed within two years of final plat approval as allowed by FWCC Section 20-135. The project has been developed in conformance with the preliminary plat approval, Resolution 05-455. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Vicinity Map Reduced Copy of Final Plat Map for Brighton Park of Federal Way Draft Resolution of Final Plat Approval for Brighton Park of Federal Way Brighton Park Preliminary Plat Report and Recommendation by the Federal Way Hearing Examiner, July 1, 2005 Reduced Copy of Approved Brighton Park Preliminary Plat Resolution 05-452, City of Federal Way, Brighton Park Preliminary Plat Approval Lakehaven Utility District Letter of Substantial Completion for Bright Park of Federal Way Brighton Park of federal Way final Plat Staff Evaluation June 30, 2008 File 07-100272-00-SU / Doc.I.D. 45978 Page 7 Brighton Park of Federal Way Vicinity Map m bJ S_, 1:1.800 1 Inch equals 150 feet o 75 150 30D . Feet .......- I _DIIlo'*"'.__~ ^ City of Federal W.y WN 33325 8th Ave S PO Box 8718 F_roa WoIr. WA 88063 \253) 835-7000 www.cityoff.d.....wey.com City of Federlll Way Regional Zoning Atlas 'f" n fIi U Quarter Section Detao Series: t ~," ", W,I, t Map" I Lakehaven ne 0.14 :E _~. ", _ ,; SW30-21..04. , f;(,"."'",II, . SWquarterofKroIlMap743 ~;:'i " "- ~ Federal Way 1lIIf_"nIIIIiMd..,_...~.................. 1lI.ClIt.~WIW"""IID___"."~ rIIIp~lndudu.pclIIDIIttlSE2541" EXHIBIT -^ PAGE 1 OF 1 BRIGHTON PARK OF FEDERAL WAY 25 f~o ' - - ~ - fOUND IN IRON PIPE:l: 1.5' UP - HEW fOR. WEST QUARTER CORNER SECTION 30 - VISITED DECEMBER 200' A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON :;,oJ'.:'opl~~~';.\'f~Ri.TE~:t"~WASHER PIPE: UP 0.4' INSIDE MONUMENT CASE t OS [)OWN- HELD FOR CENTER Of SECnON- VISITED DECEMBER 2006 - l~,'gI~.J(~fA) - - - - - ~ DEVELOPER: NORRIS HOMES, INCORPORATED 2053 FABEN ORNE I MERCER !SlAND, WASHINCTON, 98040 ,,~ LEGEND: J- (SW) eKING COUNTY PLAT Of "SILVERWOOO", RECORDING NO, 20011220002642 ,.. . ,~ ..m .... .,_. =... ~ _, "' i ;l) :)j :'! I SW J'5T~I~,;(}?n~~;S~~NUE SW 302 ;0~~9~:;L A~U~~;~~~33 ~ ~ ~ ;f' FEOERAt WAY. WASHINGTON. 9OO2J : iii iii ~ io I 131.3.36' (SW) 1313.35' (SEA) .... ~ J S BB'40'-4r E 131329' 1'.. rOUND t' CONCREr.. E FILLED .; ----------Z---....:.---------. .. IRON PIPE- WITH WASHER z S 88"40''''" E 1009.29' -,---- 303.98' STAMPED" 282~ - o.t' EAST I . : I OF SECTION UNE +- HELD F"OR I NORTH LINE OF I ' LINE, EAST,lWt:ST.;" VISITED WEST LINE. OF GOVERNMENT lOT 4 . . j DECEMBER 2006' ~ GOVERNMENT lOT 4 : . 1 ILl I"g. ;;1 i" ;~ ~: 7O>7~~ I~~ roUNO'. x.' MO~E~RCEL "B" .:1 " WITH 1-1 tt' PUNCHED BRASSIE 81 ~~~G:"..-;~:CEL "A" 1 R,' VI' '~-"C~.~;";-'-"~7i~/1E - I\_S .,rW;,. E ~~i ~ ~~~ (TOTAl) . '" 'S'o.~ S ....0.". E. 1 ~:e~ .J'~ cOy 3399' ~l~ J ~I~:- ,\>0,,"')>). W/:li ~!n~ ;,q:;s~~~.tt. ffiw ~I~~ ;'o~>~~1't9~ ;~ '" ~ rj.qO'o ~~ SOUTH LINE OF 01 ~ I GOV, LOT 3 "'e. ~G'~ GOVERNMENT lOT '\ i% " "" 275 6[. ~ 29913' I 76420 (SEA) ~s 68"1756" E 57479'- ~ : .: - ~'~~..l ~ ""........92.17' 574.84' (SEA) FOUND 1/2 ~ IRON PIPE WITH ..: fOUND 3" BRASS DISJ<~ 92,17' (SEA) . REBAR INSIDE- UP IS ABOVE GROUND PUNCH MARK IN 5" X 6" ~ HELD AS SOUTH 1/4 COR. - DECEMBER 2006 (N X W) CONCRETE- 0.1' UP STAMPED "KING CO. SET BY 7875 -3-29-71- PIERCE COUNTY" HELD AS SE CORNER, GOV. lOT 3 -. DECEMBER 2006 1294.07' 129..08' (SEA) I ~i 1;;:1 ~i --r-' ~~'~'~.;~, MONUMENT- STAMPED WITH "LS NUMBER" " NOT LEGIBLE ~ GOV. LOT 3 ~ l~ I~~ hI"! 'b~ l~- r ---- GOV, LOT 2 SCALE 1" = 200' I 200': 0 100' 200' 400' ~_... , I I ,- - 260'.... (SW) (SfA) N "'53:~rf~ _26~ I~ i:; EAST llNE.Of~ ~ GOVERNMENT LOT ... 0 % I I 25 30 1321-95' (SEA) S B8'26'44~ E 1321.92' BASIS OF BEARINGS: - ~ONE MON~ WITH "X' -1.3' DOWN HELD AS SW CORNER GOV. lOT .:5 - MAY 2005 FOUND STONE' MONUMENT WITH Hy( -1.3' DOwN HELD AS SOUTHWESTISECTtoN CORt-1ER - MAY 2005 ! LEGAL DESCRIPTION: PARCEL .A. , BEGINNING AT THE SOUTHWEST CORNER OFSECTIQN 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89"17'4JH EAST 1,296.63 fEET ON THE SOUTH UNE: OF SAJD SECTION 30 TO A 1/16TH SECTION CORNER; THENCE NORTH 00'10'50" WEST ON THE WEST LINE OF THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SAID SECTION 30 TO THE KING COUNTY-PIERCE COUNTY liNE; THENCE SOUTH 4S'.S'SS EAST ON SAID COUNTY LINE, 106.53 FE:ET TO THE POINT' Of BEGINNING; THENCE NORTH 89'43'SS EAST 78.7 FEET; THENCE SOUTH WlO'So" EAST 30 FEET; THENCE SOUTH iS9'43'!!l3" WEST 48.7 FEET, MORE OR lESS, TO THE COUNTY LINE; THENCE NORTH 45'46'55" WEST ON SAID COUNTY LINE TO THE POINT OF BEGINNING. SITUATE IN THE CITY Of FEDERAL WAY, COUNTY OF KING, STATE or WASHINGTON. PARCEL .S. THE WEST 988.2 FEET Of. THE. NORTH 708.00 FEET Of THAT PORTION OF GOVERNMENT lOT 4 Of SECTION 30, TOWNSHIP 21NORnl, RANGE 4 EAST, W.M., LYING NORTHEASTERLY Of THE KING CQUNTY-PttRCE COUNTY BOUNDARY LINE; EXCEPT THAT paRTlON THEREOF, CONVEYED TO. CEO. W. DAYTON AND MAUDE DAYTON, BY DEED RECORDED UNDER KING. CaUNTY RECaRDING NUMBER 44C260l, BEING DESCRIBED AS fOLLOWS: BEGINNING AT THE SOUTHWEST CORNER or SAID SECTION 30: THENCE NORTH 89"17'43" EAST 1.298.83 rEET ON THE SOUTH LINE OF SAID SECTION 30 TO. A 1/16TH SOUTH CORNER; THENCE NORTH 00'10'50" WEST ON THE WEST UNE OF THE SOUTHEAST 1/. Of THE SOUTHWEST 1/4 Df SAID SECTION 30 TO. THE KING COUNTY-PIERCE COUNTY UNf; THENCE SOUTH 45046'35" EAST ON SAID COUNTY UNE, 10.6.53 fEET TO. THE TRUE POINT OF BEGINNING; THENCE NORTH 69"43'53" EAST 78.7 fEET; THENCE SOUTH 00'10.'50" EAST 30 fEET; THENCE SOUTH 69'043'53~ WEST 48:.7 fEET, MORE OR LESS, TO THE COUNTY LINE: THENCE NORTH 45'46'550 WEST ON SAID COUNTY UNE TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO. JOHN R, lORENTZEN AND UNOA O. LORENTZEN, HUSBAND AND WIfE, BY DEED RECORDED UNDER KING COUNTY RECOROlNG NO. 1320.4150247, BEING DESCRIBED AS fOLLOWS' BEGINNING AT THE NORTHEAST CDRNER DF LOT 4, KING COUNT'l' SHORT PLAT NO. 177005, RECORDED UNDER KING COUNT'( RECORDING NO, 7706211012, AND REVISED BY KING COUNTY RECORDING NUMBER 8110190294: THENCE NORTH 89'13'5J" WEST ALONG THE NORTH UNE Of'LOT 4 Of KING CDUNTY SHORT PLAT NO. 177005, 612.16 fEET TO THE NORTHWEST CORNER OF LOT 40F KING COUNTY SHORT PLAT NO.. 177005: THENCE NORTH oo'45'O'i EAST, ALONG A LINE WHICH IS THE NORTHERLY PROlONGATION OF THE WEST liNE OF LOT 4 DF KING CDUNTY SHORT PLAT NO.. 177005, l~.oo:FE:ET: THENCE SOUTH 89'13'53" EAST ALONG A LINE PARALLEL TO THE NORTH LINE or lOT., KING: COUHn' SHORT PLAT NO, 177005,612.16 fEET TO A POINT THAT IS 15,00 FEET NORTHERLY OF THE NORTHEAST CORNER Of LOT 4, KING COUNTY SHORT PLAT NO. 177005; THENCE sOOTHO\"1J'~(j WEST 15.00 FEET TO THE POINT OF BEGINNING Of THIS DESCRIPTION, SAID DESCRIPTION BEING A 15-FOOT STRIP THAT IS CONTIGUOUS TO. THE NORTH LINE Of lOT 4, KING COUNTY SHORT PLAT NO. 177005 AND DOES NOTEmND EAST OR WEST Of THE NORTHERLY' PROlONG"nON OF THE EAST OR WEST UNES OF $AID LOT 4, KING COUNTY SHORT PLAT NO. 177005; AND EXCEPT THAT PDRTlON, IF "NY, LYING WITHIN IHAT TRACT OF LAND CONVEYED TO SALLIE HARRISON, BY OEED RECORDED ,UNDER KING COUNTY RECORDING NO. 1141281, BEING DESCRIBED AS fOLLOWS: BEGINNING AT A POINT ON THE PIERCE-KING COUNN BOUNOAAY LINE WHICH IS 174 FEET EAST OF THE CENTER or THE TURN IN THE COUNlY ROAD, WHICH IS AlSO THE WEST UNE OF GOVERNMENT lOT 3 or SECTION 30, TDWNSHIP 21 NORTH. RANGE 4 EAST, W.M,: THENCE EAST 209 fEET FROM SAID POINT ALONG" LINE PARALLEL WITH THE NORTH LINE Of SAID GOVERNMENT LOT 4: THENCE SOUTH 209 fEET, ALONG A UNE PARAlLEL TO THE EAST UNE OF SAID GOVERNMENT lOT 4, MORE OR LESS, TO. THE PIERCE-KING COUNTY BOUNDARY UNL THENCE HORTHWESTERL Y ALONG SAID BOUNDARY UNE TO THE POINT DF BEGINNING; AND TOGETHER WlTH THE; EAST 329.4 fEET OF GOVERNMENT LOT 4 IN SECTION 30, TOWNSHIP 21 NORTH. RANGE 4 EAST, WJA., IN I<tNG COUNTY, WASHINGTON; EXCEPT ANY PORTION THEREOF lYING WITHIN THE WEST 988.2 fEET Of THE NORTH 708 FEET OF SAID GOVERNMENT LOT: AND EXCEPT THOSE PORTlDNS THEREOF LYING WITHIN lOTS 1, 2, 3 AND 4 OF KING COUNTY SHDRT PLAT NO 576002, RECORDED UNDER AUDITOR'S FILE NQ. 7702090686. SITUATE IN THE CITY OF fEDERAL WAY, COUNTY Of KING, STATE Of WASHINGTON 36 31 PLA T RECORDS: fiLED FOR RECORD THIS \--_________OAY. Of' _____________, zoo__ AT ___________ __.~, IN BOOK ___________Of __________ AT THE REQUEST Of O"NA JOE ~UTCHINSON, lAND SURVEYOR. PlS 136800 MANAGER SUPT. Of' RECORDS SURVEYOR'S NOTES: I) HORIZONTAL DATUM AND BASIS Of BEARINGS: HEW" S 88"26'44" E' BETWEEN THE SW CORNER OF SECTION .30 AND, THE SOUTHWEST CORNER Of GOVERNMENT LOT J A$ SHOWN ON THAT RECORD OF' SURVEY RECORDED UNOER KING COUNTY RECORDING NUMBE~ 8003279003: 2) EQUIPMENT USED: GEOOIMETER 508 AND TOPCON 825A 3) METHOOAND DATE OF' MONUMENT LOCATION: FIELD,TRAVERSE IN APRIL 2005 THROUGH OECEMBER 2006. 4) LEGAl DESCRIPTION PER lANDAMERICA. TR"NSNATION mLE' COMP.A.NV;S SECOND SUBDMSION GUARANTEE,DRDER NO. 20275053, OATEO DECEMBER 11,.2006, C.E.S, NW INC. HAS NOTCQNOUCTED AN INDEPENDENT TITLE SEARCH NOR IS C.E.S. NW, INC. "WARE OF .A.NY TITLE ISSUES Af'F"ECTlNG THE PROPERTY OTHER THAN THDSE SHDWN ON THIS MAP.C.E.S. NW, INC. HAS RWED SOLELY ON THE INFORMATION CONTAINED IN SAID COWA1TMENT IN REGARDS 1'0 TITLE ISSUES TO PREPARE THIS PLAT ANO QUALIFIES THE MAP'S ACCUR....CY AND COUPLETENESS TO THAi EXTENT. .., ~tL~~~ L~ c~~~~ ~~SAN~~~I~m.~~~~M7;~~~_ ~b~H ~k{rs:rE~~;t~~ AS A REFERENCE MARkER. 6) THIS SURVEY COMPLIES WITH THE STANDARDS AND. ,GLHDElINES o.F THE "SURVEY RECORDING At! CHAPTER 58.09 RCW AND WAC 332-130. : INDEX OF SHEETS: LEGAl, ,SURVEYDR'S NOTES AND PR~PERTY BREAKDOWN AND 3 - MAP PAGES SETBACKS AND ADDITIONAl EASEUENTS GENERAl NOTES, DEDICATION, ACKNOWLEOGMENT'AND AOQRESSES AND APPRDVALS SHEET 5 PUBUC SAHIT ARY SEWER DEl AILS SURVEYOR'S CERTIFICATE: SHEET 1 SHEETS 2 SHEEl 4 SHEET 5 CI~~p /'.\ L-"D"J, AlWiNe CIYIJ. ENGINEERING d SURYEy/NG 5210 12TH ST E FIFE, 'KA 90424 ~~~ 1~:~~ :~:::g~ dhutehin.on.cesnwinc,com P:\051 10,O\dwg\0511 0 fp.dwg 06/23/2008 BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON \ (SEE SHEET 4 AND 6 FOR SETBACKS AND ADDITIONAL EASEMENTS) \ TRAcT f PLAT Of . SILVERWOOD. I REC. NO. 20011220002642 I I I I I 50 I 47 48 49 358.89' S 66"40'47'" 139.81' (SEE: NOTES 8. 10 & 13 ON SHEET 5 OF 6) 12 7868 S.r. a 7065 S.t. 43.97' 57.00' w -gill ~~:R ....;; z ~ 0_ g~ 519 S.t. ~ ~ b. f~ N 88'40'00" w N B8'2J'12~ W 6860 '" CATEGORY II .~WETLAND -\ '-- . --- .""-,- ." ",.....\ i.......... __...... i ......" ! 1I'i7;00;,"'41\ (SEE NOTE 2 ON SHEET 5 OF 6) /;fi/)'i~u" TRACT .A. ~i)~~, t 332;736 $.r. ...... ~ OF FEDER~A~~ TS~;'::T~: WARRANTY (j) DEED ~ KING COUNTY REOORDING <D NB82J12'W 108 00' t~ o (') tel W (/) '- . . :--- UNE 1I L2 L3 t4 L5 l6 17 lB 19 1I0 ll1 1I2 1I3 1I4 lI' 1I6 117 1I8 1I9 \ '\ --- (SEE NOTE: 7 ON SHEET 5 OF 6) TRACT .F. 49.3'4 S.F. 612.47' S 66"57'56" E w LOT 4 I<:CSP NO. /77005R 81/0190294 LEGEND CURVE Cl C2 C3 C4 C. C6 C7 C8 C9 CIO Cl1 C12 C13 C14 CIS CIS CI7 C18 C19 C20 C21 C22 C23 C24 C," S IE SETCIlY Of' FEDERAL WAY STANDARD MONUMENT OR FOUND AS NOTED A ... DELTA ANGLE R = RADIUS l .. LENGTH (R) = RADiAl BEARING ALL LOT CORNERS AND ANGLE POINTS ARE MONUMENTED WITH A 1/2" REBAR AND 'fEllOW CAP STAMPED "PlS 3660Q"', WITH A 2" X 2~ WHITE LOT BOARD SET NEAR BY AS A REFERENCE MARI<ER SCALE 1" = 50' 2:5' 50' : 100' 50' 0 /-I-..,j -- ---j P:\05110.0\dwg\0511O_lp.dw~ 06/23/2008 51 , I I I 110.02' w '''' l: g~ ~ (SEE NOTE 6 ON SHEET 5 OF 6) TRACT .E. 32,829 S.F. f:? 51 i:? 51 N BI"J9'Jr E (R) 5 e8'23'12~ E 121,00' 60.00' 61.00' g ~~ :~ ~~ ;z ~ ~~ ~~ 2 6295 5.F. 1 7505 S.F. C3 45.10' 55.10' il s 5 66'"23'12- E 16249' S8~R)";-' S.W. 365TH PLACE (SEE OEDlCATION ON slim 5 or 6) SO.OO' 40.81' il C26 17.11 ;0 is ;j o~. .3"- :..~;~ 27 ~~ 28 (,)~ ;! = 5500 $,F. ~:: 7113 $". ~ <VI 0 a:z ~ ~ I-~ ~ O:ll.~ - :;is~ ..., Z 0 50.00' 65.99' ~ ~ VI S 8523'12- E 115.99' ~ is U6 ~ 14Jini-... 26 6034 S.F. ~ ~ ~ S 88'23'12" E 116.09' "'. vO \or-: ~N "h o 1I4 25 7926 S.F. 1:15.21' S 88'57'56" E 824.03' N 01.29'49" E 14.03" 33.99' S 88"40'47" :so (/) 'lei 1>- <( I:r; f- CO TRACT D [;) .,; N Iw- '/1; ~. cnai3 WN z ::) Vl Zw !nl': c(~~ J: l; i:! ~z ~ 0> w Ii!!. <D co "'<D ~ r-. Qa 2N; ~~ ... J".-CX1 '<!U)O r-.. bOr-.. _1:4: . o CL.Z: (/) ~U w 0:: (SEE; NOTE 6 ON SHEET 5 or 6) TRACT .G. 2~2 s.y, 30' \ .. q ':0 ~ui ~~ 0,>.> fg g is ~ ~ :Ii <D ro "'<D 00 Om <DO ?Jf;;1j f- . r-.. o or-.. ..!.1 z: . o CL.Z: (j) U . ><::u w 0:: , I 299.13' S88'I7'56"'~ REg~~ n~~~O o AS SOUTH 1 4 COR. - DECEMBER 2006 ~~~ ' UI~ I P : . .. NWINC CIVIL ENG/NE'ERAVO of SURVEYlNO 5210 12TH ST E FIFE, l'I'A 98424 ;~~: f::~l :~~=~:g: dhUlchtnllOh.~esh"inc.C'om I I I I I I I I I I I I I I I I I I I I I I I I I _-.J " " " 1:<" '}c- " 0." O(/. " '}.r)- '" -<> -<1", / .,..0. " <90Q <'( ~o/ /k <Y& 0 q " " --~- .------1 I I I I I , I , I I I I I I 50' o ~ BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON (SEE SHEET 4 AND 6 FOR SETBACKS AND ADDITIONAL EASEMENTS) 30.00' S 86"40'41' E 1009.29' 358.89' PLAT OF . SILVERWOOO' REC. NO. 20011220002642 \ TRACT G 30' DEDICATED TO THE CITY OF FEDERAL WAY BY STATUTORY WARRANTY DEED UNDER KING COUNTY RECORDING NO. _____.,...__...._____ \. \ \\ 1." \ . 1 I 1< . . \ \ .. . . . \ \ . . . . \ .I. . . ."'- ;, \"...... \ \. . .\ I / '-.. . , i , : 30' (SEE NOTE 2 ON SHEET 5 or 6) TRACT 'A' 332,736 S.F. S: (J) I...l :) z: b.l > <( :r:: J-o N .'-.. ., j .'\ /....\ /...........--..., / . ."'- '-":' -:-.> I.. e \,',.. \.............. \" . . \. '" . . . ,,-. 7 . . r (. \ 30' DEDICATED TO THE CITY or '\. . . FEDERAl WAY BY STATUTORY WARRANTY DEED UNDER KING)'" . :~~~-~:.:~~~-~. .,' . \. ~... ,,-. . .- - . FOUND 4" X 4" MONUMENT - \ ~~~Dl,~~~WE~ ~~S~~05 \' . . . . -:-.~.~ -- -~: 'r.., r ..; l-~ ~ ~~ ~ ~ e:ot ~ ~ I '" 10 C WETLAND BUFFER '--- --- ----- . ":-''-:- '-..7- :..-.:. -'- ." .,,- I ../ ,/ ;/ ..'-., ."1 ..... .\ 30' PRIVATE EASEMENT FOR WATER AND SEWER DtOICATED TO lAKEHAVEN UTILITY DISTRICT PER KING COUNTY RECORDING NO. 20070718001842 . CATEGORY '11 . . . . WETLAND, . I " ". . . \ ..\ ./ / ----. 607.69' S 88'57'56~ E 824.03' I I I ~ '90~ 00 ~ ?';.. , tt. "" UNPLATTED -1d'~1-~ARCEL NO. 3021049031 ;'>-OA."~ .Y ,,~ LEGEND ~~1-~ S .. SET CITY OF fEDERAL WAY STANDARD \. J- MONUMENT OR FOUND AS NOTED < It.- to .. DELTA ANGLE " ..,~ R _ RAD'US ,,~~ l ... LENCTH " &r (R) = ,RADIAL BEARING " O~ All LOT CORNERS AND ANGLE POINTS ARE '" MONUMENTED WITH A l/t. REBAR AND YELLOW CAP STAMPED PPlS 36800", WITH A 2P X l' WHITE LOT BOARD SET NEAR BY AS A REFERENCE MARKER. TRACT 'F. 49,354 SF S 86"40'41' E 214.58' SCALE 1" = 50' 25' sa' ':_' 100' --i P:\05110.0\dwq\05110_fp.dwg! 06/23/2008 TRACT F to h. o 12 "-, ti ld :C, (J) '-.. .\ .......... --', ~~~4f,., (.(..j4l0......=+'4fv. I}.,o,.t:'..~).,-(':~ --:I{) ~............ (SEE NOTE 2 ON SHEET 5 or 6) TRACT .A. 332.736 S.r. DEDICATED TO THE CITY OF FEDERAl. WAY BY STATUTORY WARRANTY DEED UNDER KING C~TY REOORDING NO. .--., '- I I I I I I I I I 19 20 TRACT . B' to ., . . "- . . "- '" .\ \ '. .\ .. \ .. .\ ./ . J .'. "- . . .'\ .\ . -c-- \ r . \. ......... .... .j--c, \ . . "... /:----c ........ "- b.. o '" ti ld :r: (J) w "-I (J) "' " '? WETLAND BUFFER ~<";~o'<,, ('~o""I,<" '"f,'~~(" ""Y '('..p,' "' 30' DEDICATED TO THE : CITY or )-:-- ~~~~w~'hr u~t~T~~G 1.. / COUNTY RECORDING NO. I,.. ., 399.03' S .88'57'56'" E LOT 4 J<CSP No. 177005R REC, NO. 8 J J 0 190294 CURVE TABLE CURVE Cl C2 8 O!F .i.... S 21.56',JgM W 30.30' MiTrED JUN 2S 2008 07-100272-00-SU SHEET 3 OF 6 CY;;"flr . L-"..t:J.U NW.liVe C/YIl. ENmNEER,We... s/HiYEr,We BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON \ \ '" .\ ..\ 5' ,PRIVATE WATER EASEMENT fOR THE BENEFIT OF LOTS' 13 AND 14 '-- -.... .-..,.. ....;- - ."\ TRACT .A. (SEE NOTE 2 ON sHEET 5 or 6) .1-- "- '.\ ..', \ .\ ,\ \ '\ .J . I '" \ \,' \ I~ \' -.; /- -- , ..,~ .\ . . . ,\ IJ .) '" TRACT F' ....\ "- ....-' , . ~.f{~~ r,41'D,I\.:141(t, tr/:>",~b~~ -v;) i'-?', 3: (f) I 'Le! I I> TRACT D '" I I:r; 5/ I 52 53 r- co PLAT OF . SILVERWOOD' 1 REc. NO. 20011220002642 I I I I I 50 I I I L r' / 7 L. _ _._ 49 1 I II 9 'I I 8 I ~~I w8 I ffi: I >1\ <~ :c" I- ~ I ~'j 30' 10 TRACT .E" (SEE NOTE 6 ON SHEET 5 OF 6) 15' X IS' PRIVATE MONUMENT EASEMENT (SEE NOTE 12 ON SHEET 5 or 6) l~l' ~ L.J II I I~ I I \ II:I 2 II "'.!/ I I~~ I I rt:c~ L.. .,...J L. ;--'--------:_- \ \ \ - _.J " " , %t~o'-k o;;;o,.~~ ~~~(~ :J ep, " " 17 I. \ / \ \ ~ w 5 88'57'56" 30' DEDICATED TO THE CITY OF FEDERAL WAY BY STATUTORy WARRANTY DEED UNDER KING COUNTY RECORDING NO. _______________ BUILDING FOOTPRINT TABLE NAXIdUI.l BUfl.0lNG LOT NlJWER FOOTPRINT AREA (sr) lOT 1-2.200 lOT 2-2.200 lOTJ-2.000 lOT 4-2,000 lOT5-2,2OQ LOT 6-2,000 lOT 7-2,000 lOT 8-2,200 lOI9-2,OOO lOllO-Moo lOI11-2,OOO tOJ12-2,400 lOT 13-2,400 lOT 14-2,400 lOT 15-2,400 LOT16-2,4OQ lOT 17-2,400 lOT 18-2,400 lOT 19-2,400 SCALE 1" = iSO' tg; ~====~::: 25' 50' IOO,lOT22-2,200 I J' lOT2J-2,OOO [ I :---------1 ~~ ~;====~:: - i t~i~~g: P:\05110.0\d....g\05110_fp.dwg 06/23/2008 lOT 28~2,OOO 50' 0 ~' - -- - MAXlt.IUU 1~[IMOOS SURF,\CE (SF) AREA COOl,{'t[O TO OETEN11OH Pa<<J 3.200 ',WO '.000 3,000 ',WO ',000 3,000 ',WO 3,000 3,000 '.000 600 600 600 600 600 .00 .00 600 '.000 3,200 3,200 ',000 3.200 1.200 '.200 3,200 '.000 BUILDING SETBACKS: CURVE C1 C2 C3 C. C5 C6 C7 DELTA 9'54'11" 18'40'29- 3'50'16" 2'35'Or 3'13'02" 3'13'21- 19'18'17- 30' 30' I <D co C\J<D 00 Om LOa f':..C\I ""t LO 0 I'- t;OI'- _I z: . o tc.z: (f) o. :.::8 fr: <D I'- :;:;:= a", 1J)0 COm "'1'-0 I-' .~ 00 ...1 z: . o fuZ: o. ;.::0 UJ fr: i[ 'I' ~~ ~~ z~ ,w >z II' ;<'ig I-~ Cl)~ I <D .,~I'- "1"= a", 1J)0 co en C\JI'-o , to t;oCO --> z: . o fuZ: o . :.::8 fr: FRONT YARD SETBACK. 20' SlOE YARD SETBACK. 6' REAR YARD SETBACK . ei' LOTl!l 1 AND 28 SHAl.L BE SETBACK .20' ON FRONTAGES OF 9TH AND SOSTH 30. <D co {\J1j) 00 Oen lop 0 C\J{;:;t5 r-'.f:: 00 --> z: . o fuZ: o . :.::0 UJ fr: BUILDING FOOTPRINT TABLE NOTE: E07.; 100272-00- SU SHEET 4 OF 6 52JOl2TH ST Ii: FIFE, WA 98424 C/YIi ENO/NEER/NO cfSURYEYING ~~~ i::g~ .:~::~ dhu~chln.on.ee.,nW:lne,eom ~'~~ VI I p .. .. .. .IVW me FOR I'HOS[ lOTS THAT ARt: AllOWED 600 SF or TOTAl IMPER\1OIJS AREA DRAlNlNG TO Illr STORM PONO, THE DISPERSION lR[t~CHES lIusr BE INSTAllED PER lli[ APflFl'OVfD ENGINEERING PlA~S, 10 DRAIN ROOf RUNOFF INTO THE WEllAHp BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON APPROVALS DEDICATION ~NOW AlL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDNIDED. HEREBY DEClARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION Of THE SUBDIVISION MADE HEREBY, AND DO ;HEREBY DtOICATE TO THE USE or THE PUBUC fOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON ANO ()([)lC^TE THE USE THEREOF FOR ALL PUBUC PURPOSES NOT INCONSISTENT WITH THE: USE THEREOF fOR PUBLIC HIGHWAY PURPOSES. AND AlSO THE RIGHT TO MAKE AlL NECESSARY SLOPES FOO curs AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORICINAl REASONABLE GRArnNG OF SAID STREETS AND AvtNUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR AlL PUBLIC PURPOSES AS INDICATED THEREON. INCLUDING BUT NOT LIMITED TO PARKS. OP[N SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS 'ARE SPECtflCAlLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE 00 HEREBY DEDICATE AND CONVEY SUCH STREETS. EASEMENTS, 9R TRACTS TO THE PERSON OR ENTITY IDENTIf"lED AND FOR THE PURPOSE STATED. fURTHER, THE UNDERSIGNED OWNERS Of THE LAND HEREBY SUBOMOED, WAIVE AND RELEASE FOR THEMSELVES. THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY OERIVING TITLE fROM THE UNDERSIGNEO, ANY AND AlL ClAIMS FOR DAMAGES AGAINST THE CITY OF fEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE DESIGN, ESTABLISHMENT, CONSTRUCTION, OPERATION. FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS, AlTERATIONS or THE GROUNO SURfACE, VEGETATION. DRAINAGE 9R SURFM:E OR SUBSURfACE WATER flOWS WITHIN THE SU80MSIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEMNG DRAiNAGE FROM THE SUBDM$IONS AND THE ;CITY OF FEDERAL WAY'S Rf\IIEW AND APPROVAl Of PlANS AND PERMITS fOR SAME OTHER THAN CLAIMS RESUlTING fROM lNAD(OUATE lAAINTENAHCE BY THE CITY Of' ITDERAl WAY. fURTHER, THE UNDERSIGNED OWNERS OF THE lAND HEREBY SUBOMOEO, AGREE FOR THEMSELVES. THEIR HEIRS AND ASSIGNS TO: INDEMNIFY, HOlD HARMLESS, AND OEFEND THE CITY OF fEDERAL WAY. ITS SUCCESSORS AND ASSIGNS, FROM ANO AGAINST AHY DAMAGE, INClUOING ANY COSTS or DEfENSE. CLAIMED BY PERSONS WITHIN OR WITHOUT THE SUBDMSlONS TO HAVE BEEN CAUSED BY THE: DESIGN. ESTABLISHMENT. CONSTRUCTION. OPERATION. fAIlURE TO OPERATE. OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS. AlTERATIONS ,or THE GROUND SURFACE. VEGETATION. DRAINAGE, OR SURFACE OR SUBSURfACE WATER flOWS WITHIN THE. SUBOMS!QNS OR WITHIN AtN DRAINAGE OR O(TENnON FAClUnES DESIGNED TO RECENE OR ACTUALLY RECEMNG DRAINAGE F"ROM THESU80MSlONS AND THE CITY Of FEOERAL WAY'S REVIEW AND APPROVAL Of PlANS AND PERMITS FOR SAUE. PRavlDED, THIS WAIVER AND INDEMNIFICATION SHALl NOT aE: CONSTRUED AS RELEASING THE CITY OF fEDERAl. WAY. ITS SUCCESSORS OR ASSIGNS. fROM LIABILITY FOR DAMAGES, INCl.UDlNG THE COST OF DEFENSE. RESULTING FROM AND TO THE EXlEHT OF" THE SOLE NEGLIGENCE or THE CITY Of FEDERAL WAY. ITS SUCCESSORS, OR ASSIGNS. THIS SUBDMSION. DEDICATION, RELEASE. INOEMNlF"lCATION OF ClAIMS, AND AGREEMENT TO HOLD HARMLESS IS MAOE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES Of SAID OWNERS. IN WITNESS WHEREOF" ~ SET OUR HANDS AND SEAlS: ~~~II)~.NrRRIS I NORRIS HOMES. INCORkRATED I ACKNOWLEDGM!'NT I STATE Of WASHINGTON I) )" COUNTY or KING :) ON THIS _____ DAY OF __________. 20__. F3EFORE ME PERSONAllY APPEARED JOHN B. NORRIS. TO ME. KNOVtN TO BE mE AUTHORiZED PRESIDENT OF NORRIS HOMES. INCORPORATED. THE CORPORATION THAT ExrCUTEO THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWl(DGEO SAID INSTRUMENT TO BE THE FREE AND VOlUNTARY ACT AND DEED Of SAID CORPORATION FoR THE USES AND PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT HE IS AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOf, i HAVE HEREUNTO SET MY HAND AND OFfICIAL SEAL THE DAY ~D YEAR flRST WRITTEN ABOVE. NOTARY PUBLIC IN AND fOR THE STATE Of WASHINGTON RESIDING AT. lAY APPOINTIAENT EXPIRES; DEED OF TRUST BENEFICIARY ; SIGN NAME. PRINT NAME: TITlE; I BANK Of AMERICA I ACKNOWLEDGJENT STATE: OF WASHINGTON;) )" ) COUNTY OF KING ON THIS _____ DAY OF" ___-'-______. 20__ errORE ME PERSONALLY APPEARED ____________-.J.________________. TO ME KNOWN TO BE THE AUTHORIZED OFfiCER or BANK Of AMERICA, THE C~ORATlON THAT EXECUTED THE W1THlN AND fOREGOING INSTRUMENT AND ACKNOWLEDGED SAIO INSTRUMENT TO BE THE FREE AND VOlUNTARY ACT AND DEED Of SAID CORPORATION fOR THE USES AND PURPOSES THEREIN MENTIONED A~O ON OATH STATEOTHAT HE/SHE IS AUlHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF. II HAVE HEREUNTO SET MY HAND AND OffICIAL SEAL THE OAY AND YEAR FIRST WRI~N ABOVE. NOTARY PUBliC IN AND fOR THE STATE" OF WASHINGTON RESIDING AT: MY APPOINTMENT EXPI~ES: GENERAL NOT~S: ~'V:~~El~:~. ~R~ t~~~~ ~~6INA~~N~. PLAT ROADS THERE SHALL BE NO DIRECT ACCESS TO 9TH 2. TRA.CT "A~ IS DESIGNATED A PUBLIC WETlAND AND WETLAND BUfFER TRACT AND IS DEDICATED TO THE CITY Of fEDERAL WAYlBY STATUTORY WARRANTY DEED. RECORDING NO. _____________________ THE CITY OF" FEOERAl:WAY SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIR AND REPLACEMENT Of THE IMPROVEMENTS CONTAINED THEREIN. 3, TRACT MB" IS DESIGNATED A PUBLIC STORM DRAINAGE TRACT AND IS DEDICATED TO THE CITY Of fEDERAL WAY BY STATUTORY WARRANf'l' DEED, RECORDING NO. _________ . THE CITY Of FEDERAL WAY SHALL BE RESPONSIBLE FOR THE; MAINTENANCE. REPAIR AND REPLACEMENT OF tHE IMPROVEMENTS CONTAINED THEREIN. 4. TRACT ~C" !S DESIGNATED A PRIVATE ACCESS AND PUBLIC UTIlITIES TRACT. THE OWNERS Of LOTS 11. 12, 13 AND 14 SHALL HAVE A 1/4 UNDIVIDED INTEREST IN SAID TRACT AND SHALL BE RESPONSIBLE fOR THE IMPROVEMENTS CONTAINED THEREIN, AN EASEMENT FOR ANY AND ALL UTILITIES IS HEREBY CONVEYED TO SAID LOT OWNERS. THEIR HEIRS, SUCCESSORS ANO ASSIGNS, OIlER, UNDER AND ACROSS SAIO TRACT. AN EASEt.4ENT FOR UTILITIES IS HEREBY CONVEYED TO lAKEHAVEN UTILITY DISTRICT OVER THE ENTIRE TRACT. 5. TRACT "O~ IS DESIGNATED A PRIVATE ACCESS AND PUBLIC UTILITIES TRACT. THE OWNERS Of LOTS 23, 24 25 AND 26 SHALL HAVE A 1/4 UNDIVIDED INTEREST IN S,6,IO TRACT AND SHALL BE RESPONSIBLE FOR THE IMPROIJEMENTS CONTAINED THEREIN. AN EASEMENT FOR ANY AND ALL UTILITIES IS HEREBY CONVEYED TO SAID lOT OWNERS. THEIR HEIRS, SUCCESSORS AND ASSIGNS, OVER. UNDER AND ACROSS SAID TRACT. AN EASEMENT FOR UTILITIES IS HEREBY CONVEYED TO LAKEHAVEN UTILITY DISTRICT OVER THE ENTIRE TRACT. 6. TRACTS "E" AND "cr ARE DESIGNATED PRIVATE OPEN SPACE TRACTS. ALL LOT OWNERS SHAll HAVE A 1/28TH UNDIVIDED INTEREST IN SAID TRACTS, THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE. REPAIR; AND REPLACEMENT or THE IMPROVEMENTS CONTAINED THEREIN. REMOVAL OR DISTURBANCE Of ANY 'VEGETATION WITHIN THE OPEN SPACE TRACTS IS PROHIBITED EXCEPT A.S NECESSARY fOR MAINTENANCE OR REP~ACEMENT Of REOUIREO PlANTINGSAND AS A'pPROVEO IN WRITING BY THE CITY OF F"EDERAl WAY. NO BUilDING IMPROVEMENTS SHALL BE PLACED WITHIN TRACTS E ANO G AND SUCH TRACTS SHALL NOT BE F"URTHER SUBDIVIDED OR USED FOR fiNANCIAL GAIN 7, TRACT RF~ IS DESIGNATED AS A F"UTURE RIGHT Of WAY TRACT AND IS DEDICATED TO THE CITY OF" F"EDERAL WAY BY STATUTORY WARRANTY DEED, RECORDING NO. ____________. THE CITY OF rEDERAL WAY SHAll BE i~)~~91B2LET:::E,:A~~~E:::~E~E~~I:AA: ~~~~~~:T: T:E ~I:;~~~E;RT~~~::AJ;~ R:r-R~~~NS INSTALLED \.?O THAT THE:Y ARE DIRECTED TO THE BUFFER Of" WETLAND ~A~. fURTHER, INDIVIDUAL LOT OWNERS SHALL BE REOUIRED TO MAINTAIN DISPERSAL TRENCHES ACCORDING TO 1998 I<ING COUNTY SURfACE WATER DESIGN MANUAL. 9, STRUCTURES, FILL AND OBSTRUCTIONS, INCLUDING GRADING AND CONSTRUCTION Of FENCING. SHALL NOT BE ALLOWED WITHIN THE DRAINAGE ,EASEMENTS UNLESS APPROVED BY THE CITY OF F"EOERAL WAY 10. THE HOMEOlNNERS iA.5SOCIATlON (HOA) IS RESPONSiBlE TO MAINTAIN THE BUfFER FENCE ANO CRITICAL AREAS SIGNAGE ADJACENT TO LOTS 12~19, 21. 23 AND 24. ~~pi~~E~~~iO~~i ~~~I~~~~G S~~~A~E~E=NSl~i ~~v~~f ~A~~~~~~~ch:::~~' I~N~RACT "B" 12. THE HOMEOMIIERS iASSOCIATlON $HAll BE RESPONSIBLE fOR THE MAINTENANCE. REPAIR. AND REPLACEMENT OF THE IMPROVEMENTS CONTAINED WITHIN THE PRIVATE t.4ONUMENT EASEMENT LOCATED IN TRACT "E" P\05110.0\dwg\05110 fP.d~9 06/23/2008 DEPARTMENT OF PUBLIC WORKS EXAMINED AND APPROVED ON THIS ___DAY OF _________________-'-.20_-'-_. PUBLIC WORKS OIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES EXAMlNEO AND APPROVED ON THIS ___DAY Of _______________,____.20_...._. DIRECTOR OF COMMUNl1Y DEVELOPMENT SERVICES FEDERAL WAY CITY COUNCIL EXAMINED At~D APPROVED ON THIS ___DAY Of ______________-'____.:.....20__. MAyOR Of fEDERAL WAY ATTEST: Clrt CLERK KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED ON THIS __DAY Of _____________~__j.,20_.:.._. KING COUNT'( ASSESSOR DEPUTY KING COUNTY ASSESSOR KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID. THAT THERE ARE NO DElINOUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFfICE' FOR COLLECTION ON ANY OF" THE PROPERTY HEREIN CONTAINED. DEDICATED AS STREETS, ALLEYS OR ANY OTHER PUBLIC USE, ARE PAlO IN FUll THIS _____DAY Of ___________________.20..;;__. MANAGER, fiNANCE DIVISION DEPUTY GENERAL NOTES CONTINUED: IJ, A RAIL FENCE SHA.lL BE INSTALLED AlONe THE WESTERN EDGE or ,LOrs 12 THROUGH 19, 21, 23 AND 24 AS DEPICTED ON THE FINAL PLAT. THIS fENCE SHALL BE FULLY INSTALLED ALONG ALL AffECTED PROPERTIES AND INSPECTED BY tHE: CITY NO MORE THAN SIX MONTHS fROM THE DATE OF THE RECORDING or THIS PLAT OR F1JI.LY INSTALLED A.LONG ALL AfFECTED PROPERTIES BEFORt THE nRST RESIOENTIA.l BUILDING PERMIT ON LOTS 12 THROUGH 19. 21. 23, OR 24 RECEIVES fINAl INSPECTION BY THE CITY . . ADDRESSES: LOT 1 LOT 2 LOT .3 904 SW 365TH PLACE 910 SW .365TH PLACE 916 SW 365TH PlACE OR J6444 - 10TH COURT SW 36432 - 10TH COURT SW 36428 - 10TH COURT SW 36424 - 10TH COURT SW 36422 - 10TH COURT SW 36420. - 10TH COURT SW 36418 - 10TH COURT SW 36415 - 10TH COURT SW .36417 - 10TH COURT SW 36423 - 10TH COURT SW 36421 - 10TH COURT SW 36419 - 10TH COURT SW lOT 15 .36425 - 10TH COURT SW LOT 16 36427 - 10TH COURT SW lOT 17 .36433 - 10TH' COURT SW LOT 18 36437 - 10TH COURT SW LOT 19 .36443 - 10TH COURT SW LOT 20 36447 - 10TH: CQURT SW LOT 21 923 SW 365TH PLACE LOT 22 919 SW 365TH PlACE lOT 23 917 SW 365TH PlACE: LOT 24 915 SW J65TH PlACE LOT 25 913 SW 365TH PLACE LOT 26 911 SW 365TH PlACE lOT 27 909 SW J65TH PlACE lOT 28 905 SW 365TH' PlACE LOT 4 LOT 5 LOT 6 lOT 7 LOT 8 lOT 9 LOT 10 LOT 11 LOT 12 lOT 13 LOT H LAKEHAVEN UTILITY DISTRICT AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO lAl<EHAVEN UTIUTY DISTRICT AND ITS AGENTS. SUCCESSORS AND ASSIGNS. fOR SO LONG AS IT SHAlL OWN ANO IAAINTAlN THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN .ON THE PLAT AND DtstRIBED HEREIN AS ~WATERLlNE EASEMENi (WlE) AND MSANITARY SEWER rASEMENi- (SSE) TO INSTAll, MAINTAIN. REPlACE. REPAIR AND OPERATE WATER AND SEWER l.WNS. AND APPURTEHANCES FOR THIS SUBOMSfON AND OTHER PROPERTY TOGETHER WITH THE RIGHT :TO ENTER UPON SAID EASOlENT AT ALL TIMES fOR PURPOSES INCIDENT THERETO. NO BU/lDtNG. WAll. ROCKERY, rENCE.. TREES OR STRUCTURE Of ANY KIND SHALl BE ERECTED OR PLANTED, NOR SWILL ANY FILL MATERIAL BE PlACf[\ WITHIN THE BOUNDARIES OF SAID EASEMENT AREA. NO EXCAVATION SHALt. BE MACE WITHIN THREE (J) FEET Of SAID WATER OR SEWER SERVICE FACILITIES AND THE SURfACE . lEVU OF THE GROUND WITHIN THE EASEt.lENT AREA SHAll BE MAINTAINED AT THE ELEVATION AS CURRENTlY EXISTING. GRANTOR HEREBY AGREES THAT NO WATER AND/OR SEWER SYSTEM FACIlITY OR: APPURTENANCE OF ANY KINO SHAll" BE CONSTRUCTED OR lOCATtD.BY GRANTOR; OR ~.. THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR. WITHIN OR PROXIMATE TO SAID EASEMENT. UNLESS SUCH INSTAlLATION IS APPROVED BY GRANTEE AND IS IN CONrORMANCE WITH THE THEN-CURRENT EDITION OF THE "CRITERIA FOR SEWAGE WORKS DESIGN" PUBLISHED, BY THE WASHINGTONST"'TE OEPARTMENT OF ECOLOGY. GRANTOR HEREBY fURTHER AGREES THAT NO OTHER UTIIJTY FACiliTY OR APPURTENANCE OF ANY KIND. INCLUDING UTILITY SERVICE CONNECTIONS, SHALl BE CONSTRUCTED OR LOCATED BY GRANTOR. OR ANY THlRO PARTY ACTING UNDER AUTHORITY or GRANTOR, wtlHlN THREE FEET (3'). MEASUREO HORIZONTAlLY rOR PARALLEL ALIGNMENTS. OR WITHIN SIX INCHES W), MEASURED VERTICAllY fOR CROSSING OR PERPENDICUlAR AlIGNMENTS. Of ,t,NY PORTION OF THE GRANTEE'S FACILITIES. GRANTOR AOOlTlONA.lLY GRANTS TO THE lAKEHAVEN UTILITY DfSTRtCT AND ITS AGENTS, SUCCESSORS AND ASSIGNS THE USE Of SUCH ADDITIONAl. AREA. It.tMECMATEl Y ADJACENT TO SAID EASEMENT AREA AS SHAll BE REQUIRED FORTH[ CONSTRUCTION. RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID WATER OR. SEWER FACILITiES. THE' USE OF SUCH AOOITIONAl AREA SHAlL BE HELD TO A REASONAF3lE MtHIMUU AND BE' RETURN({). TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS EWRED UPON BY THE lAKEHAVEN UTILITY OtSTRICT, ITS AGENTS. SUCCESSORS AND ASSIGNS, IN ADDlllON TO THE OTHER RESTRICTIONS HEREIN. GRANTOR SHAll NOT CONVEY TO A. THIRD PARTY Ar.t( EASEMENT OR OTHER INTEREST DR RIGHT Of USE OF PROPERTY SUBJECT TO THE EASEMENT THAT WOULD IMPAIR OR LIMIT THE: USE OF THE EASEMENT RIGHTS CR.A.NTEO HEREIN. SW. 365TH PLACE AND 10TH COURT S.W. DEDICATION: s.w. 365TH PLACE AND 10TH COURT S.W. IS OEDICATED TO THE CITY OF FEDERAl WAY BY STATUTORY WARRANTY DEED, RECORDING NO.______..;._. THE CITY Of: fEOERAl WAY SHAL 0 REPlAC[MENT OF THE i IMPROVEM ' 9TH A 9TH AVEN~_ED T DEED. REC . ________ RESPONSlB AN CONTAINED E. RESUBMITT1Q9 -100272- 00- SU JUN 2 3 2008 . SHEET 5 OF 6 CITY OF FEDERAL WAY . C!E:r NW.JNC elII'lL. ENtJlNEERING... SURYEYlNG 5210 12TH ST E FIFE. WA 9lW24 ~~~ ~::gl ::::~ dhulehins()neoesnwinc.com BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON --+--- I - ~ CURVE TABLE DETAIL . A' CURVE OEl TA RADIUS ARC LENGTH Cl 3'49'46 178:00' 11.90' CI S 88"2.3'12" E L 14.00' I I I I I I I I J I I~ I I~ 18 1- Ig I'" 1- I~ I'" 27 110 . l~ I" P I~ l- I" I u J; I < I I a: I l- I I PUBlIC SANtY ARY SEWER EASEMENT I L _l2_ ~ ~ 26 2.50' '4 LINE 11 l2 LJ l4 L5 L6 ---- S.W. 365TH PLACE DETAIL 'A': PUBLIC SANITARY SEWER IN! TRACT .D' AND LOTS 24 AND 25 22 23 24 25 SCALE 1" = 20' ~~ 10' 20' I ". ZOO DETAIL 'B': PUBLIC SANITARY SEWER IN TRACT 'C' AND LOT 15 11 10 EXHIBIT--BL- OF ilrL. CURVE CURVE C1 C2 14 15 o 07-100272-00-SU SHEET 6 OF 6 C1Ej~!f IlD. , . .. .... NWJNC CIY/L. EN(JINEERINt1 4 SURYEYINt1 P:\05110,O\dwq\05110_fp.?wg 06/23/2008 ~~~ fggl :~~::~~ dhulohtn.on.~e.nwlho.t'om RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE BRIGHTON PARK OF FEDERAL WAY FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 07-100272-00-SU WHEREAS, on June 21, 2005, the Federal Way Hearing Examiner conducted a public hearing on the Brighton Park preliminary plat application resulting in the July I, 2005, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the Brighton Park preliminary plat, City of Federal Way File No. 03-1 03 I 78-00-5U, was approved subject to conditions on August 2,2005, by Federal Way City Council Resolution No. 05-452, which adopted the Hearing Examiner's findings of fact and conclusions; and WHEREAS, the applicant submitted the final plat application for Brighton Park of Federal Way, 1 within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 05- 452; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for. its conformance to the conditions of preliminary plat approval and final plat decisional criteria and their analysis and conclusions are set forth in the June 30, 2008, Final Plat Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use/Transportation Committee considered the application and staff report for the Brighton Park of Federal Way final plat at its meeting on July 7, 2008, and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Final Plat Staff Report and the application for Brighton Park final plat during the Council's meeting on July 15,2008. I The name Brighton Park was changed to Brighton Park of Federal Way in order to differentiate it from anothe~atfname"L' King County. EXHIDI ~ Reso # ,Page I File#op_~OF.:3.-. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS: Section I. Findings and Conclusions. 1. The Brighton Park of Federal Way final plat, City of Federal Way File No. 07-100272-00-SU, is m substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the June 30, 2008, Final Plat Staff Report, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for 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 wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City code, or which are necessary and appropriate, 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 final plat approval granted herein. 4. All conditions listed in the August 2, 2005, Federal Way Resolution No. 05-452 have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Final Plat Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I above, the Brighton Park final plat, City of Federal Way File No. 07-1 00272-00-SU, is approved. , Page 2 F;I'#07"~:~~:~ Reso # Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records and Elections. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase ofthis 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 , 2008. CITY OF FEDERAL WAY Mayor, Jack Dovey ATTEST: ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson City Clerk, Laura Hathaway, CMC FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Reso # . Page 3 FI"'07-'EiHIBii4W34Q PAGE10F ~ .. . e ,~ Federal Way e Page - I CITY HAll 33325 8th Avenue South- PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com f5)~({;~~~~rm Ul1 J U L 1 2005 Il!J City Cil;iks Otiice City or Feljeral Way July 1, 2005 De-En Lang Lang and Associates Inc. 10658 Riviera Place NE Seattle, WA 98125 RE: PRELIMINARY PLAT OF BRIGHTON PARK, FWHE#05-09 FW# 03-103178-000-00-SU . Dear Applicant: . Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner relating to the above-entitled case. SKC/ca cc: All parties of record City of Federal Way a ~' ~>>t/ EXHIBIT t:> PAGE...l OF ..lL CITY OF FEDERAL WAY e r~l [~ It; rE ~ w -l iln~ l!:-.<I .1'.11 I.; ~ \ I ! I' u Ul J:O';'.':G;J~I ....__~~:: ~r ~(I;j3r..H :~!___ e Page - 2 OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) PRELIMINARY PLAT OF BRIGHTON PARK ) ) ) ) FWHE# 05-09 FW# 03-103178-000-00-SU I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow subdivision of a vacant 15_93 acre site into twenty-eight (28) residential single family lots in a cluster subdivision, with public streets, sewer and water services. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: June 21, 2005 July 1, 2005 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. De-En Lang, Lang Associates, 10658 Riviera Place NE, Seattle, WA 98125 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Power Point Presentation (Hard Copy) 3. letterfrom John and luann Davis dated June 17,2005 4. Letter from David L. Hartman dated June 21, 2005 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, viewed the site and taken this matter under advisement. "P.fl:rrm~ _"A..!!. ~t:) PAGE~OF -U- e e Page - 3 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" with attachments and hereby incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a rectangular, unimproved, 15.93 acre parcel of property abutting the west side of the. unopened 9th Avenue SW between SW 364th Place and SW 368th Street within the City of Federal Way. The applicant requests preliminary plat approval to allow subdivision of the site into 28 single family residential lots using the cluster subdivision method. 5. The site plan shows all lots clustered in the eastern half of the site. The western half consists of wetlands and buffers which the applicant will dedicate to the City as a separate Tract (A). Tract A supports a one Category III wetland and one Category II wetland, both of which are associated with a stream flowing through the site from north to south. Tract A measures 8.59 acres which is more than 50% of the site. 6. The preliminary plat map shows access provided to all lots via an internal plat road extending west from 9th Avenue SW and then curving to the north where it terminates in a cul-de-sac. All lots will access onto the internal plat road with the exception of four lots in the northwest corner of the developed portion of the site which will access via a private road extending northwest from the cul-de-sac. An improved, 32,471 foot, open space tract is located in the northeast corner adjacent to 9th Avenue SW. Improvements on said tract include a trail connecting the internal plat road with 9th Avenue SW, grass play area, playground equipment, and benches. A 33,512 square foot stormwater detention tract is located at the southeast corner of the site adjacent to 9th Avenue SW. 7. The King County Soil Survey Map identifies soils on the site as Alderwood gravelly sandy loam which have only a slight erosion hazard and are capable of supporting urban development. The site has rolling topography with slopes of less than 10% and no geologically hazardous areas. Surface elevations range from 382 to 406 feet. Vegetation in the upland areas proposed for development includes both evergreen and deciduous trees and an understory of shrubs. The wetland area consists of both deciduous and evergreen trees and an understory. The City has approved the applicant's site clearing plan which shows no clearing in critical areas. EXHIBIT---IL- PAGE 3 OF--U- e e Page - 4 8. The site contains 90 sIgnificant trees, defined by the Federal Way City Code (FWCC) as 12 inches in diameter or 37 inches in circumference measured 4.5 feet abpve ground. The applicant will remove 11 such trees and preserve the remaining 79 which includes all such trees within the Tract A open space area. Conditions of approval require the storm drainage design and construction plans to ensure wetland and stream protection to include wetland hydrology, flow control, and water quality. According to the applicant's wildlife study report, the site does not support any endangered, threat~ned, or sensitive species, plant or animal. The most critical habitat, the wetland and stream, will remain in undisturbed open space_ 9. The site is located within the Single Family High Density designation of the City of Federal Way Comprehensive Plan and the Residential Single Family (RS9.6) zone classification of the FWCC. Parcels abutting the north and west property lines are also within the RS9.6 classification and parcels to the east and south within the RS15 classification. Abutting uses include the subdivision of Silverwood along the north property line. Silverwood was previously approved and recorded as a clustered subdivision with a minimum lot size of 5,000 square feet and average lot size of 5.500 square feet. 9th Avenue S. abuts the east property line and medium density residential parcels lie to the east of said road. 10. FWCC 20-153 does not allow the total number of lots in a cluster subdivision to exceed the number that the applicable zone classification would permit in a conventional subdivision. Based upon the lot sizes allowed in the RS-9.6 zone, the applicant could create 47 conventional lots on the parcel. Therefore, the proposed 28 lots is well within the density provisions of the code. 11. The applicant proposes lot sizes between 5,056 and 10.186 square feet with an average lot size of 6,368 square feet. Such sizes meet the criteria .of FWCC 20- 154 which requires that lots created in a cluster subdivision equal one-half the size of the underlying zone classification, but in no case smaller than 5,000 square feet. As previously found, all of the applicant's lots exceed 5,000 square feet and half the size of the minimum 9,600 square foot lot size authorized in the RS-9.6 zone. FWCC 20.154(a)(3) requires clustered lots adjacent to an established single family neighborhood to equal the neighboring lot size or the underlying zoning minimum lot size minus 10%, whichever is smaller. The plat proposes a minimum size of 6,199 square feet for lots abutting the Silverwood cluster plat along the north property line has an average lot size of 5,500 square feet. Lots do not abut any other property lines. l5Xf{'SIT D PAGE~OF ..lL e e Page - 5 12. The cluster plat meets the criteria set forth in FWCC 20-154(7)( c) and FWCC 20- 1640 by providing a single family cluster plat compatible with surrounding areas and which provides extensive on-site open space. The City will review future building permits to ensure architectural design, especially garage facades and front entries. The applicant has submitted two prototype house elevations and site plans which meet the intent of the FWCC. FWCC 20-1640 intends each dwelling unit for owner occupancy and the plat complies with said section by focusing solely on development of single family residential structures as opposed to duplexes, townhomes, or zero lot line development. The covenants will also help promote and enhance home ownership. 13. The preliminary plat map shows that the two open space tracts combined will measure 9.34 acres or 59% of the gross land area of the parcel. The Tract E open space located in the northeast corner measures 32,471 square feet and will contain various recreational improvements as set forth above. The Parks Director has elected to calculate the required usable open spaCe on the net developable area as opposed to the gross land area. The proposed open space exceeds the minimum of 10% of usable open space by approximately 500 square feet. In making its determination the Director properly considered the easy access from both the public street and the subdivision and the significant active and passive recreational facilities within one mile of the site to include the SPA regional trail, Hylebos State Park, Armstrong Park, and the 363rd Street open space park. 14. Both the Public Works Director and Fire Department have reviewed and accepted the proposed street layout and improvement plans. Said plans include the construction of gill Avenue SW to public standards from its current northern terminus at the north property line to SW 368th Street. Such will require . construction of a new road from the north property line to the south property Jine. Between the south property line and SW 368th Street 9th Avenue SW currently exists as a private road. In accordance with previous conditions of development along said road, at such time as the City desires to make said road public, lot owners must pay for upgrading the road. However, the applicant has agreed to upgrade said private road to public standards at its own expense. 15. The applicant will construct internal streets within the plat to a section "U" full street standard within a 56 foot wide right-ot-way. Improvements include 32 teet of paved roadway, vertical curb and gutter, four foot planter strip with street trees, five toot sidewalk, and three foot utility strip with street lights. The private EXHIBIT J:) PAGE $ OF-U- e e Page - 6 access to four lots in the northwest corner will consist of a 38 foot wide, private tract. Improvements will include 24 feet of paved roadway, vertical curb and gutt~r, five foot sidewalk, and two foot utility strip. 16. The northerly portion of 9111 Avenue SW which extends along the plat's eastern property line from north to south will be improved to three quarter street improvements within a 60 foot wide right--of-way. The applicant will dedicate all necessary property to increase the right-of-way width to 60 feet. Improvements therein will include 36 feet of paved roadway, vertical curb and gutter, four foot wide planting strip with street trees, five foot wide sidewalk, and three foot utility strip with street lights on the west side. On the east side a four foot gravel shoulder will abut the pavement. 17. The southerly or off-site portion of 9th Avenue SW which extends from the south boundary of the plat to SW 368111 Street will consist of a 24 foot wide paved roadway with four foot wide gravel shoulders on each side, water quality improvements, and related culvert improvements. 18. A mitigating measure in the MONS required the applicant to host a neighborhood traffic safety meeting with area residents. Such meeting occurred on March 16, 2005, and based upon residents' request and the City's concurrence, the applicant will install three speed humps and associated warning signs on 9th Avenue SW. A northern hump will be installed north of the internal plat road intersection and a south hump south of the internal plat road intersection. A third hump will be installed near the mid-point of the private road section. While residents expressed significant concerns regarding increased traffic not only on 9th Avenue SW, but on surrounding roads to include SW 3681h, the applicant's traffic engineer and the City's traffic engineer determined that the additional traffic will require no further analysis. The applicant's traffic engineer did conduct an assessment and set forth the conclusions in a letter to the City dated April 11, 2005. The conclusions confirmed that increased trips on 368th St. would be limited to vehicles going to and from lIIahee Middle School. As additionai traffic mitigation the. applicant will dedicate 30 foot wide strips of property along the west, southwest, and south property lines for future road improvements. 19. Required street improvements to the private portion of 9th Avenue SW will require additional paving and related improvements to include gravel shoulders, water quality measures, and modification of an existing 12 inch diameter, concrete culvert conveying the stream under the road. The right-of-way improvements will necessitate intrusions into the stream buffer which the Director of Community EXHJBIT~ PAGEj. OF-U- e e Page - 7 Development has approved. The Director has properly reviewed and approved the request as no alternative location exists since ~he street has long been constructed at its present location, and the intrusions must occur in order to accommodate necessary improvements. A portion of the improvements will ensure surface water quality and will treat street runoff prior to discharge to roadside ditches. To accommodate street improvements the applicant will remove approximately 25 feet of the west end of the existing culvert and add approximately 30 feet to the east end. 20. The applicant has also requested permission to add a new 12 inch concrete culvert alongside and parallel to the modified culvert to address a concern about water ponding due to clogging of the culvert by vegetation. The City has not as yet approved the second culvert and will make a final appealable decision at the time of final engineering plans. 21. The applicant will comply with the City School Impact Fee Ordinance and make a per lot payment to offset the impacts on the Federal Way School District of school aged children residing in the plat The district estimates 18 to 19 school aged children will reside in the pJat. Children will attend school at Enterprise Elementary, lIIahee Middle School, and Todd Beamer High School. Buses will transport elementary and high school students, but middle school students will walk to school. The school access analysis indicates safe walking conditions to the school by two different routes. 22. The lakehaven Utility District will provide both domestic water and fire flow to the site and will also serve each lot with sanitary sewers. 23. The stormwater drainage system must meet the requirements of the 1998 King County Surfacewater Design Manual and the City's amendments thereto. The project must provide level 1 flow control and basic water standards. The conceptual drainage plan accepted by the Public Works Department proposes to preserve the existing north/south drainage pattern across the site. Approximately two-thirds of the site presently drains directly to the on-site wetlands by sheet flow, and the eastern portion of the site drains to the south and combines with the outflow from the wetlands. The conceptual plan proposes to direct surface water runoff from lots 12 through 22 and from the joint driveway serving lots 21 and 22 directly to the wetland to help maintain hydrology. Runoff from the remaining area will be collected and directed through a buried piping system to a wet pond/detention facility in Tract B. The pond will discharge at the present natural location into the wetland buffer near the south property line. Storm EXHIBIT P PAGE-=:LOF ---U- tit e Page- 8 drainage runoff from 9th Avenue SW will receive water quality treatment prior to discharge. The landscape plan shows screening for the detention pond from 9111 Avenue SWand protection by dark, vinyl coated, chain link. 24. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: . A. As previously found, the project is consistent with the Federal Way Comprehensive Plan which designates the site and surrounding area as Single Family High Density. B. The project is consistent with applicable provisions of the FWCC to include those adopted by reference from the comprehensive plan. Development of the preliminary plat must comply with the provisions of FWCC Chapter 18, Environmental Policy; Chapter 20, Subdivision; Chapter 22, Zoning; and all other applicable codes and regulations. Conditions of approval as recommended hereinafter will ensure compliance with all provisions of the F\JvCC. C. The project complies with the public health, safety, and welfare. The proposed preliminary plat authorizes development of the site in accordance with the comprehensive plan and zoning code, and all public facilities and services are available to serve the site. D. The preliminary plat is consistent with the design criteria set forth in Section 20-2 FWCC as previously found. E. The proposed preliminary plat is consistent with the development standards listed in Sections 20-151 through 157, and 20-158 through 187 as previously found. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat is consistent with the Single Family High Density EXHIBIT ----'=L- PAGE~OF -1-1- e e Page - 9 ' designation of the Federal Way Comprehensive Plan and meets all bulk regulations of the RS9.6 zone classification of the Federal Way City Code. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, sanitary waste, water supplies, fire protection, transit stops, schools and school grounds, parks and recreation, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision while at the same time preserving and protecting a significant wetland and stream. Therefore, the preliminary plat of Brighton Park should be approved sUbject to the following conditions: RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the proposed preliminary plat of Brighton Park be approved subjecUo the conditions contained in the conclusions above. TRANSMITTED THIS 1st DAY OF July, 2005, to the following: AGENT: De-En Lang Lang Associates 10658 Riviera Place NE Seattle, WA 98125 ENGINEER: Larry Heires, P.E. Sitts and Hill Engineers, Inc. 2901 South 40th Street Tacoma, WA 98409 EXHIBIT~ PAGE--3-0F -1L e e Page - 10 OWNER: Richard M. Hanson 16550 Shore Drive NE lake Forest Park, WA 98155 OTHERS: Thomas Guinasso 2053 Faben Drive. Mercer Island, WA 98040 City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 EXHIBIT P PAGE~OF -1L e e CASE NO.: PRELIMINARY PLAT OF BRIGHTON PARK, FWHE#06-09 FW# 03-103178-000-00-SU ADDENDUM TO OECJSION The following is a list. of conditions, which were. inadvertently left out from the decision datedJ~y 1, 2005. It is recommended to the Federal Way City Council that the prelimjnary plat of Brighton Park be granted subject to the following . conditions: 1) As required by the Directors of Community Development and Public Works, prior to commencing construction. final engineering plans shall be prepared in accordance with the 1998 KCSWDM, for the City's review and approval, and shall address the following: a) for purposes of maintaining wetland hydrology and the quality of surface water entering the wetland buffer, Lots #12 through #22 shall be designed to direct surface flow into the wetland buffer; with roof runoff directed to the wetland buffer via dispersion trenches, and driveway runoff from lots 21 & 22 shall be treated or infiltrated prior to discharge into the wetland buffer. b) Construction activities within the 100 foot stream setback are prohibited from October 1 st to April 1 st, except as may otherwise be approved by the Public Works Director, c)- A drainage analysis addressing the requested second culvert beneath 9th Avenue SW, for the City's review and determination by the Director of Community Development Services, pursuant to FWCC S 22-1312(a). 2) As required by the Director of Community Development Services, pu~uant to FWCC S 22~1243. the City's wetland consultant will review the applicant's stann drainage plans, at the applicant's expense, and the City may require that any related recommendations be addressed in final plans, prior to commencing construction. 3) Any retaining walls associated with plat infrastructure or Mure home construction shall promote residential design themes, for compatibility with surrounding residential areas. by utilizing design measures such as terracing. orientation, nat ate sa ion, use of vegetation, and textural treatme EXHIBIT ---I:L- PAGE-'LOF .JL ~ Un- !1JdtaL/F1JYI Ordered by zoonOO'd u:c.;o# 6Et9ZLZ(SZ L(=tt SOOZ.8t-~nr !; ....-Ut(~lft'J.DIII-IOt(IOl)"I3L ;z.uaa 't'M~ '3'N l:WW W3IMI _I ..............~--.", 'ON 'ULvr.108llV flHV1 'W ......- - -..=o=r- - ".-- ....-- - ...-- - DNlAlI\Hns . 'MtI'U.:I~ . lw:J IlMll-ZJ((IOC)W.:l.OIII-_(t(2)~ GUU VM '8mMS '3'N~lUMItIlWOl .~ 'U1llt:JOaW 6u1F'\ o/~ NOSNVH OllYHOlll ~~ .LV1d AllVNmatld . 10 . ;; ::: ---,II.I t') ~ cns-OO-I.tlCOl-eOI 0 0 --,,-- Si., lIll'id NO.LHIlIlIII ... -" c;,;: ~ 'T :D m c... en i ~ C ;!il i !I, I illll c Ol;'~i Ii ~.IIII' iilat !~J ~ I i ~I II~II ; I ;d= i ~ Ilii Ii it ~ I Ilfl~11 I !IMd!IMII 'Ir~ , I M M:,1i I' i'. Ill!; '0 'I d~ltl~I:1 ;'BI .1' I wlol 1,1 I ,~ 'I . I~ I.!;~ il i 'ONI 'S~33NleN3 111H , SJ.J.IS =::'~1R "I: a:.. ~ I : Ii g III '" 9 ~ ~ Iii i _ ~"t l I -' ::;) rn * all ... l; ~ w o g ~ i:;) Ll .-JJ \:l --:::.J l--1 J. -~ In Y-.\=-<.l "(O~ __ \ <tq~ ~l V~"i Q!0 ~e) >- ... D ~ ~ CD I"- ...-f r<\ o -t I N\ Q ----- II ~ L HIBtT e; PAGS-L-OF .....L. '1.~ e e RESOLUTION NO. 05-452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF . FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF BRIGHTON PARK, FEDERAL WAY FILE NO. 03-103178-00-SU. WHEREAS, the owner, Mr. Richard M. Hanson, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Brighton Park, and consisting of 15.93 acres, into twenty-eight (28) !Jingle family rcsidentiallots located west of 9th Avenue SWat SW 366th Place (i r extended); and WHEREAS, on January 29, 2005, an Environmental Mitigated Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Departmcnt of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, no comments or appeals on the MONS were submitted to the Department of Community Development Services; and WIIEREAS, the Federal Way Land Use Hearing Examiner on June 21, 2005, held a public hearing concerning the Brighton Park preliminary plat; and WHEREAS, following the conclusion of said hearing, on July I , 2005, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Brighton Park subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- J 27 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WIIEREAS, on July 18, 2005, the City Council Land Useffransportation Committee considered the record and the Hearing Examiner recommendation on the Brighton Park preliminary plat, pursuant to Resolution #05.452. Page I File#!J(Hlsft::L PAGELOF~ e e Chapter 20 of Federal Way City Code, Chapter 58.17 RCW. and all other applicable City codes. and voted to forward a recommendation for approval of the proposed Brighton Park preliminary plat to the full City Council, with no changes to the Hearing Exanliner recommendation; and WHEREAS, on August 2, 2005, the City Council considered the record and the Hearing Examiner recommcndation on the Brighton Park preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all othcr applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CiTY OF fEDERAL WAY. WASHINGTON, DOES IIEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hcaring Examincr's July I, 2005. Report and Recommendation. attached hereto as Exhibit A and incorporated by this rcfcrence, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deem cd to be a finding, shall be treated as such. 2. Based on, inter alia, the aoalysis 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 sllch opcn spaces, drainagc ways, streets or roads, alleys, other public ways. transit stops. potable water supplics, sanitary waste, parks and recreation. play grounds, schools and schools grounds, and all othcr 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. Resolution #05-452. Page 2 File #03-1031711-()()-SlJ I Doc. 1.0. 32321 EXHIBIT F PAGE ~ OF~ e e Section 2. Aoplication Aooroval. Based upon the rccommendation of the Fedcral Way Land Usc Hearing Examiner, and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Brighton Park, Federal Way File No. 03-1031 78-00-SU, is hereby approved, su~iect to conditions as contained in the July I, 2005, Report and Recommendation of the Federal Way lIearing Examiner. Section 3. Conditions of Approval Integral. The conditions of approval of lilt: preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest wiU be served by the platting or subdivision of the su~ject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in tl1is 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 arc 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 tor further action. Section 4. Severabilitv. 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 aflect the validity or constitutionality of any othcr scction, sentence, clause, or phrase oflllis resolution. . Section S. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Resolution #05-452. Page 3 File #03.1 031711-00-SU I Doc. J.D. 32321 lEXC-nBIT F [OAGE ~ OF ~ e e Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, TIllS 2nd DA Y OF August ,2005. ~T:[I4~ CITY LERK N. CHRISTINE GREEN, M APPROVED AS To FORM: ~.~ TY ArrORNEY PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No. 7/'22/2005 8/2/2005 05-452 Resolution # 05-4?flage 4 File #03-t03178-OO-SU I Doc. 1.0. 32321 ~Xr.~rBIT F PAGE~~ LAKEHA VEN UTILITY DISTRICT 31627 - 1st Avenue South · P.O. Box 4249 · Federal Way, Washington 980634249 Federal Way: 253-941-1516 · Tacoma: 253-927-'2922 . wwwJakehaven.org May 14, 2008 Janet Shull Community Development Dept. City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 RE: Final Plat Approval Status · J3JjghtQnl'>>ark Agreement No. 6306007 Dear Ms. Shull: This letter serves as a status report to advise the Federal Way City Council on final plat approval for the referenced project. The water distribution and sanitary sewer systems for this project are substantially complete. The developer has entered into a supplemental agreement with Lakehaven Utility District and the District has accepted a guaranty for completion of construction of the water and sewer facilities for the project. Please do not hesitate to call me, if you have any questions. I can be reached by phone at (253) 946-5406, by electronic mail atjjensen@lakehaven.org, or by fax at (253) 529-4081. c: Norris Homes, Inc. CES NW Inc ec: Development Services Supervisor fuspection Charles Gibson Commissioner Donald L.P. Miller Commissioner Ronald E. Nowicki Commissioner Ed Stewart Commissioner Beverly J. Tweddle Commissioner .___.____M.______._.._......M__._.._.H_.__._...__..____.___._.....____._...__......M__.____..... .....__..._._._._.__.......... ......_.__.._.._______._____M..____..__...__..M_.....__.._.....__.___ ...-...--.-...---. ---.- COUNCIL MEETING DATE: July 15,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH 320TH PLACE PRELIMINARY PLAT APPLICA nON - SMALL LOT DEMONSTRA nON PROJECT, FILE 08-100555-00-SU POLICY QUESTION: SHALL THE PROPOSED II5-LOT SOUTH 320TH PLACE PRELIMINARY PLAT ApPLICATION- SMALL LOT DEMONSTRATION PROJECT BE APPROVED? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE (LUTq CATEGORY: IZI Consent D City Council Business MEETING DATE: July 7, 2008 D Ordinance IZI Resolution D D Public Hearing Other ~JAFF REPORT~'y: JIM}:!~~;tUUS~~~!1ior Plm.!.ne~_..________ DEPT: <:o~_~.mi~.~e~~~pment ____.._ Attachments: South 320th Place Preliminary Plat Hearing Examiner Findings of Fact, Conclusions of Law and Recommendation dated June 25, 2008 (Ex. A); Preliminary plat staff report dated June 4, 2008, with exhibits 3- 10 including reduced scale preliminary plat map (Ex. B); and draft City Council Resolution for South 320th Place Preliminary Plat. Refer to the 'South 320th Place Preliminary Plat (Ex. C); Small Lot Demonstration Project' binder located in City Council office for the full preliminary plat report. Options Considered: 1. Adopt the Hearing Examiner Findings of Fact, Conclusions of Law and Recommendation and approve the South 320th Place Preliminary Plat Resolution. 2. Reject the Hearing Examiner Recommendation. 3. City Council may adopt its own recommendations and approve the South 320th Place Preliminary Plat Resolution. 4. City Council may adopt its own recommendations and disapprove the South 320th Place Preliminary Plat Resolution. ..__...___._.._____._____._.____.M....___...___.__..__.._.__.._.._....__.._.........___.._..__.._........___..._.___.._....._._._.__M..._______...____M...___._.___.___.__......__._.__..___ STAFF RECOMMENDATION: Council approval of the South 320th Place Preliminary Plat resolution, based on the Findings of Fact, Conclusions of Law ecommendation of the Federal Way Hearing Examiner (Option #1). CITY MANAGER APPROVAL: Council DIRECTOR APPROVAL: Cftf Committee Council COMMITTEE RECOMMENDA nON: HI move Option #1 to the Full City Council, for the July 15, 2008, City Council consent agenda. " Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: HI move adoption of the Hearing Examiner recommendations and approval of the South 32dh Place Preliminary Plat Resolution. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED -- 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE: Quadrant Homes South 320th Place Preliminary Plat FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION 08-100555-00-SU INTRODUCTION The applicant requests approval of a preliminary plat to subdivide 19.06 acres into 115 single- family residential lots. The Examiner recommends approval subject to conditions recommended by staff. ORAL TESTIMONY Only the applicant and staff were present to testify on the application. The applicant made a brief presentation and applicant and staff responded to several Examiner questions. In response to questions, the applicant stated that the project was fairly isolated from other residential use, which may partially account for the lack of public comment on the project. In response to Examiner concerns about the lack of sufficient turn-around space for fire apparatus on the east side of the project (Lots 60-66), the applicant responded that the homes in that area will have sprinklers to compensate for any impaired access. Most of the Examiner's questions focused upon the adequacy of wetland mitigation, given recent media coverage on the failure of local jurisdictions to adequately mitigate wetland impacts. The wetland impacts discussed are not subject to Council review (the Examiner's decision on those issues was final), but the discussion is included for the Council's information. Staff stated that in Federal Way wetland reports are subject to peer review and that the wetland mitigation is subject to monitoring to ensure that the mitigation is successful into the future, including replacement wetlands. The applicant's wetlands consultant acknowledged the concerns over long term mitigation success and noted that the key to successful replacement wetlands is maintaining adequate soil hydrology. The Examiner noted that it was odd that the applicant could not qualify for wetland buffer averaging and instead had to request a buffer reduction, which would appear to be less beneficial than averaging due to the net loss of buffer. Staff noted that buffer reduction and buffer averaging are two separate types of mitigation and one was not better than the other. The applicant requested that the reference to 20 foot front yard setbacks at Page 7, Section VI(A) of the decision should be modified to "as allowed by the FWCC. The Examiner does not construe this language as limiting the project to 20 foot front yard setbacks and notes that the FWCC will ultimately govern whether a different setback may apply. {BFP699241.DOC; 1/13041.15001 0/ I EXHIBIT ~ PAGE---L-OF 0 Preliminary Plat Recommendation p. 1 Findings, Conclusions and Recommendation EXHIBITS See list of exhibits at p. 23 of the June 11, 2008, staff report prepared by Senior Planner Jim Harris. In addition, the following exhibits were presented and entered into the record during public hearing: Exhibit 30 - South 320th Place Preliminary Plat Power Point Exhibit 31 - Quadrant Homes Power Point Exhibit 32 - May 28 Letter from ESA Adolfson. FINDINGS OF FACT Procedural: 1. A{>plicant. The applicant is Quadrant Homes. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 1 :00 p.m. at Federal Way City Hall on June 11,2008. Substantive: 3. Site/Proposal Descri{>tion. The applicant proposes to subdivide 19.06-acre parcel of land into 115 single-family residential lots. The vacant 19.06-acre site is located along the City's northerly boundary east of Interstate-5, adjacent to the north side of South 320th Street and between Interstate-5 and Military Road. The site is accessed from South 320th Street at both the northerly extension of 32nd Avenue South and at the northerly extension of Weyerhaeuser Way South. The proposal is a small lot demonstration project. According to staff, the purpose of the small lot demonstration project is to promote additional housing ownership opportunities within multi-family (RM) residential zoning districts, and provide design flexibility and innovation consistent with the site and the comprehensive plan. Approval is made at the staff level. Small lot detached developments must obtain designation as an innovative housing demonstration development based on an approval process defined in Federal Way City Council Ordinance 07- 554. The proposal by applicant was selected as the City's first small lot demonstration project as identified in the City's January 22, 2008, Conditional Approval of the Demonstration Project (Exhibit 12). The lots in the plat range in size from 2,640 to 5,921 square feet, with an average lot size of approximately 2,900 square feet. 4. Characteristics of the Area. The surrounding land uses are multi-family, commercial, urban residential high density, SF high density, professional office, office, commercial, commercial business, and Urban Residential 4. The property is situated along the City's northerly boundary east of 1-5. The subject property is undeveloped and vacant and is surrounded by a variety of land uses including a fire station, single-family residences, BPA Transmission lines, and South 320th Street. The north, west, and a portion of the cast property lines form a portion of the city's corporate boundary. While the site is vacant, the site is surrounded by various developed and undeveloped properties both within the City boundary and within unincorporated King County. The Olympic Pipeline, which transports petroleum products, traverses the subject Pr {BFP69924 1. DOC; II 1304 I.l 500 10/} EXH I B IT Preliminary Plat Recommendation p. 2 Findings, Conclusions l~um~ldalQf '7 property in a north-south direction in the western portion of the site within an existing 20-foot- wide easement. 5. Adverse Impacts. The project has undergone a SEPA review and was issued a DNS. No significant adverse impacts were identified in the record or during public hearing that are not adequately addressed in the recommended conditions to approval, including landscaping, tree retention plan, and other services and improvements identified below. Mitigation measures for wetlands on site have been addressed separately. 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 roadways shall be improved to all applicable FWCC street standards, and rights-of- way must be dedicated by Statutory Warranty Deed to the City of Federal Way. All internal roadways, private alleys, and private access tracts shall be designed in accordance with City standards. Intern a] roadways shall be designed in accordance with lOcal access standards (Street Section 'W'). The applicant has applied for, and the Public Works Department approved, a modification to the local access road standard. The approved modified street section requires a 28-foot paved roadway, 4.5-foot planter strips with street trees, 5-foot sidewalks, and 2.5-foot utility strips with street lights, within a 52-foot right-of-way. The applicant also received approval to include curb 'bump-outs' at the internal roadway intersections, as shown on the preliminary plans. . Vehicular Access and Circulation: Primary vehicular access to the site will be provided via the northern extension of Weyerhaeuser Way and the northern extension of 32'" A venue South, both from South 320'" Street. The 32'" A venue South right-of- way is outside Federal Way corporate boundaries, but will be constructed in accordance with King County standards as a part of the preliminary plat improvements. To comply with FWCC Section 20-151, which requires block perimeters no longer than 1,320 feet for non-motorized trips and 2,640 feet for streets, South 317th Street within the plat is stubbed to extend to the north in conjunction with future development. Pursuant to FWCC street improvement standards, all street improvements must be dedicated to the City of Federal Way for right-of-way and must be improved to applicable City standards, except private access and private alley tracts. . Pedestrian System: As proposed and recommended, the plat complies with the FWCC subdivision code requirements for on- and off-site pedestrian circulation; providing five-foot sidewalks on both sides of interior streets and the exterior frontage street. The plat also provides for a pedestrian trail within proposed open space Tracts Nand I. In addition, the January 22, 2008, small lot demonstration project approval required an additional pedestrian connection in the vicinity of Lot 47. Pursuant to the applicant's e-mail dated May 12, 2008, (Exhibit 19) the project will also incorporate an 8-foot-wide trail within a 14-foot tract between lots 43 and 44. (BFP699241.DOC; 1/13041.1500 1 01} EXHIBIT Findings, Conclusions and l~~en~on OF Preliminary Plat Recommendation p.3 . Open Space: The total 2.08 acres of proposed usable open space in Tracts N, 0, P, G, and I exceeds the minimum required amount of 1.90 acres. Usable open spaces are provided in Tract N, to be developed with grass areas and pedestrian trails; Tract 0 to be developed with grass, and a sport court; Tract P to be developed with a children's tot lot and landscaping; Tract G with landscaping; and Tract I with a pedestrian trail. In addition, according to staff, a condition of the January 22, 2008, Small Lot Demonstration Project Approval requires a pedestrian connection in the vicinity of Lot 48, between South 31st Street and the BP A corridor. The applicant identified in an e-mail to City staff dated May 12, 2008 that the pedestrian connection would be provided between lots 43 and 44. Buffer open space is proposed in Tract E, along the stormwater pond, and Tract M adjacent to the BPA Corridor. Buffer open space is also required adjacent to South 320th Street on the final plat. The total of 4.95 acres of open space equates to approximately 26 percent of the gross site area, which exceeds the 15 percent minimum gross open space area requirement. Each of the open space tracts will be owned and maintained by the homeowners' association. The final plat shall make provisions for ownership and maintenance of each tract. Limitations on use and development of the conservation tracts shall be provided on the final plat. Condition is recommended requiring applicant to provide a final open space plan for review and approval by City staff prior to issuance of construction permits for the preliminary plat. The subject site is approximately half a mile from the North Lake Fishing Access, and approximately one mile from Steel Lake Park. The proposed plat provides a variety of usable, constrained, and buffer open spaces on site. Overall, approximately 26 percent of the site is open space, of which approximately 10.9 percent of the site is proposed as usable open space. The proposed open space plan with the exception of the arterial buffer along South 320th Street meets the open space minimum requirements in FWCC Section 22-156 for the purposes of preliminary plat review. . Draina~e: Stormwater Runoff-Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities arc being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The project site is located within the East Branch Sub-basin of the Hylebos Creek Drainage Basin. The project is required to provide Level 1 Flow Control (detention) and Basic Water Quality Treatment, per the design criteria of the KCSWDM. The site is comprised of two separate drainage sub-basins, divided by a north-south running ridge, with approximately 2/3 of the site's stormwater runoff draining toward the southwest portion of the site, and the remaining 1/3 of the site draining toward the southeast comer. The existing stormwater flows from each of these sub-basins are conveyed downstream through a series of natural and man-made storm drainage systems, and combine into a single conveyance system approximately one-half mile downstream of the project site. The KCSWDM specifics that project sites with separate discharge areas that combine flows beyond Y,-mile of the site, must provide separate on-site flow control and water quality treatment for each sub- basin. The applicant requested, and the City approved, an adjustment to the requirement to provide separate flow control and water quality facilities for each on- EXHIBIT ~ ~ {BFP699241.DOC; 1/13041.150010l} Preliminary Plat Recommendation p.4 Findings, Conclusions and l~~en~uon OF site sub-basin. The applicant proposes to direct a majority of all on-site stoml water to the new pond located in the eastern sub-basin. The applicant's engineer provided additional analysis that demonstrates that the existing (eastern sub-basin's) downstream conveyance system bas adequate capacity to convey and contain the 25- year storm events, as required under the KCSWDM. The analysis also demonstrates the existing downstream conveyance system bas the capacity to convey the 25-year storm events under future build-out of the upstream tributary sub-basin. The on-site stormwater pond facility, providing both flow control and Basic water quality treatment, is proposed near the southeast comer of the site. Because the stormwater pond discharges to the adjacent wetland to the east, the flow control portion of the pond has been designed to the requirements set forth by the U.S. Army Corps of Engineers, in order to mitigate the impacts of stormwater discharge to the wetlands. The Corps of Engineers requires a higher level of flow control than that required by the City, thereby providing sufficient stormwater impact mitigation. This higher level of flow control also serves to mitigate impacts on the downstream drainage conveyance system. The western site sub-basin currently drains to a 1 8-inch culvert crossing under South 320th Street, which discharges to an existing wetland located on the south side of the street. A portion of the site's future roof drains will drain to the existing culvert, with the intention of maintaining some hydrology to the wetland. The applicant's storm drainage Technical Information Report (TIR), dated February 26, 2008, revised April 1, 2008, (Exhibit 29) was reviewed and preliminarily approved by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. . Water: The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The January 11, 2008, Water Availability Letter (Exhibit 26) indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DEA). . Sewage: The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A January 11, 2008, Certificate of Sewer Availability (Exhibit 25) 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. A January 23, 2008, school access analysis submitted by the applicant (Exhibit 23) indicates that Lake Doloff Elementary, Kilo Middle School, and Thomas Jefferson High School will serve the proposed subdivision. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. As identified in a May 28, 2008 email from Geri Walker with Federal Way Public Schools (Exhibit 24) the District anticipates that bus transportation would be provided for all school age children, and bus stops would be located within the 320th Place subdivision. School impact fees will be collected at the time of building permit issuance. EXHIBIT --L Findings, Conclusions and~F 9 p.5 {BFP699241.DOC; 1/13041.15oo101} Preliminary Plat Recommendation · Fire Protection: South King Fire and Rescue requires that a fire hydrant be located within 350 feet of each lot. The Certificate of Water Availability from 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. Authoritv 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. 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 (\ {BFP699241.DOC;IIl3041.l50010l} EXHIBIT --II- Preliminary Plat Recommendation p. 6 Findings, Conclusions an_~F 9 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 development proposed by the applicant at urban densities meets these objectives. Also, as previously discussed, the project, as mitigated, creates no material or significant adverse impacts and there is adequate infrastructure to meet the needs of the new development. For these reasons, the project promotes the health, safety, and general welfare in accordance with the standards established by the state and the city. FWCC 20-2(2): Promote effective use of land by preventing the overcrowding or scattered development which would injury health, safety or the general welfare due to lack of water supplies, sanitary sewer, drainage, transportation or other public services, or excessive expenditure of public funds for such services: 8. As previously noted, the project constitutes 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 o(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. FWCC 20-2(6): Provide for proper ingress and egress: 11. According to staff, as conditioned, access to all lots standards. {BFP699241.DOC; 1113041.1500 1 O/} will comply with City design EXHIBIT --L PAGE 7 OF 9 Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation FWCC 20-2(7): Provide for housing and commercial needs of the community: 12. The project constitutes a development at 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 wetlands will be imposed in conjunction with the approval on the fill. 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 20-12S(c)(S): It is consistent with the development standards listed in FWCC 20-151 through 20-157, and 20-178 through 20-187. 16. As discussed in the staff report and shown in the project documents, the project complies with the standards listed in FWCC 20-151 through 20-157 and FWCC 20-178 through 20-187. These standards govern adequacy of infrastructure, dimensional density standards, street improvements, landscaping, and retention of vegetation. Development of this site is also 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 mitigated by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations including those required in FWCC 20-125(c)(5). RECOMMENDATION The Examiner recommends that the City Council approve the preliminary plat as set forth in the staff report for 08-1 00555-00-SU by Senior Planner Jim Harris, subject to conditions 1 through 8 {BFP699241.DOC; 1/13041.1500101} EXHIBIT~ PAGE ~ OF Findings, Conclusions and Recommendation Preliminary Plat Recommendation p.8 therein noted. Dated this L-~ S day of June, 2008. ->- Phil Olbrechts Hearing Examiner City of Federal Way ----- (BFP699241.DOC; 1/13041.150010l} EXHIBIT PAGE ~ OF Preliminary Plat Recommendation p.9 Findings, Conclusions and Recommendation CITYO, ~ Federal Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER SOUTH 320TH PLACE PRELIMINARY PLAT Federal Way File No. 08-100555-00-SU PuBLIC HEARING June 11,2008 Federal Way City Hall City Council Chambers 33325 8th Avenue South Table of Contents I. Project Information ........ ..... ........ ........ ... ... ......... ......... ....... ... ....... ... .... ...... ................ .......... ..... ....... ... 2 II. Consulted Departments and Agencies .................. ........ ........... ............ ............... .... ...... .... ..................4 III. State Environmental Policy Act (SEP A) ...................... ...................................................................... 5 IV. Natural Environment ................... ....... ... ....... ....... .................. ........ ... ... ...... ................ ........ .... .............5 V. Neighborhood Characteristics ...... ... .... ... ... ..... ... ..... ........ ............ ......... ........ .... ......... .... ....... ... ... .........7 VI. Preliminary Plat Design........ ......... ....... ................ .... ..... ........ ....... ....... ...... ............. .......... ........ ..........7 VII. Transportation ....... ................... .............. ..... ........... ...... ... ........ ................ ....... ..... ...... ............ ........... 10 VIII. Public Services... ....... ........... .............. .... ................. .... ................. ....... ............ ..... ........ ...... ........ ......11 IX. Utilities.................................................................................................................................. ........... 12 X. Analysis of Preliminary Plat Decisional Criteria ..............................................................................13 XI. Findings of Fact .... ............... ......... ..... ................. ............... ... .... .......... ..... .... ... ..... ............ ..... ....... .... 14 XII. Recommendations ...... .................. .......... ..... .... ....................... ............. .... ...... ......... ........ ............. ..... 21 XIII. List of Exhibits... .... ........ ..... ........ .................. .......... .... ...... ............ ...... ......... ... .... ......... ...... ...... ........22 Report Prepared by: Jim Harris, Senior Planner June 4, 2008 EXHIBIT B PAGE OF J '1 File No: Engineer: Owner: Action Requested: Relevant Dates: Staff Representative: Staff Report for the Public Hearing of June 11, 2008 South 320th Place Preliminary Plat 08-100555-00-SU Pace Engineers Kennith Nilsen, P .E. 1601 2nd Avenue, Suite 1000 Seattle, WA 98101 206-441-1855 Quadrant Homes George Cook PO Box 130 Bellevue, W A 98009 425-452-6553 The applicant is seeking preliminary plat approval pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions" (FWCC Section 20-110, Division 6, "Preliminary Plat"). Preliminary Plat Application Filed: February 5, 2008 Application Determined Complete: February 22, 2008 Notice of Application Published: February 27,2008 SEPA Determination Issued: April 9, 2008 SEP A Addendum Issued May 22, 2008 Jim Harris, Senior Planner, 253-835-2649 Staff Recommendation: Preliminary Plat Approval with Conditions I. 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 1. Description of the Proposed Subdivision - The applicant proposes to subdivide an approximate 19.06-acre parcel of land into 115 single-family residential lots (Exhibit 1 - Master Land Use Application). The following plans were submitted with the application: B PAGE ,:l pageOF :) i ~ South 320th Place Preliminary Plat Staff Report to the Hearing Examiner · Preliminary plat map by Pace Engineers, dated February 2008, sheet C-I; · Existing Conditions Plan map by Pace Engineers, dated February 2008, sheet C-2; · Preliminary paving, grading and drainage plan by Pace Engineers, dated February 2008, sheet C-3; · Preliminary Street Sections by Pace Engineers, dated February 2008, sheet C-4; · Preliminary Utility Plan by Pace Engineers, dated February 2008, sheet C-5; · Significant Tree Plan by Pace Engineers, dated February 2008, sheet C-6; · Preliminary clearing and grading plan by Pace Engineers, dated February 2008, sheet C-Il; · Conceptual Landscape Plan by Weisman Design Group, dated 11/30/07, sheets L 1.0 and L 1.1. (Exhibits 3-10). 2. Property Description - The vacant I9.06-acre site is located along the City's northerly boundary east ofInterstate-5, adjacent to the north side of South 320th Street and between Interstate-5 and Military Road (Exhibit 2- Vicinity Map). The site is accessed from South 320th Street at both the northerly extension of 320d Avenue South and at the northerly extension ofWeyerhaeuser Way South. 3. Demonstration Project - The proposal is a small lot demonstration project as permitted in FWCC Section 20-155 and 22-665 (Exhibit 11). The purpose of the small lot demonstration project is to promote additional housing ownership opportunities within multi-family (RM) residential zoning districts, and provide design flexibility and innovation consistent with the site and the comprehensive plan. Small lot detached developments must obtain designation as an innovative housing demonstration development based on an approval process defined in Federal Way City Council Ordinance 07-554. The proposal by Quadrant was selected as the City's first small lot demonstration project as identified in the City's January 22,2008, Conditional Approval of the Demonstration Project (Exhibit 12). Conditions of the demonstration project approval by the City are summarized as follows: · centrally locating on-site usable open space, · provide for usable on-site open space, · minimization of retaining walls, · home designs to include porches, · limitation on double garages to alleys only, · ,trim detail for homes, · pedestrian connectivity within the Olympic Pipeline easement and in the vicinity of Lot 48 to the BP A corridor, · open space near the plat entrance, · street alignment, · pavement details, and, · incorporation of design and site amenities into the drainage /wetland/buffer area. 4. Lot Sizes, Density - The small lot demonstration project in an RM-2400 zoning district requires a minimum lot size of 2,400 square feet per lot as specified in FWCC Section 22- 665. As shown on the preliminary plat map, Sheet C-I, by Pace Engineers, (Exhibit 3), all lots in the plat meet or exceed the underlying code-required minimum lot size of 2,400 square feet (SF). The lots in the plat range in size from 2,640 to 5,921 square feet, with an average lot size of approximately 2,900 square feet. . . B "6'8_ 5 V ... ,Jw ;,),AGE 3pageDF ~ 3 South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner 5. Critical Areas - The subject site contains four regulated wetlands. Two of the regulated wetlands are proposed to be filled/impacted with development of the plat. Wetland creation and mitigation is proposed to occur adjacent to Wetland U, near the southeast corner of the site. 6. Land Use, Zoning and Comprehensive Plan Designation - DIRECTION ZONING COMP PLAN EXISTING LAND DESIGNATION USE Site RM-2400 Multi-Familv Vacant North R-4, OP, R-18 Connnercia1, Urban Res BP A Transmission High Density> 12 DU, Lines, Single-Family Urban Res 4-12 DU(KC); Multi-Family, SF High Density, Professional Office (City PAA Designation) South OP-1 Office Park Office Buildings East OP, R-18(KC), NB-P(KC) Office, Urban Res High Fire Station, SF Density> 12 DU(KC), Office, Multi-Family, and SF High Density (City P AA Designation) West OP, CB (KC) Connnunity Business, Single-Family Connnercial, Urban Res 4- 12 DU(KC); Connnunity Business (City PAA Designation) (Exhibits 22a - 22c, Zoning and Comprehensive Plan Maps) II. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. The City of Federal Way 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 Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. 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. A total of seven comment letters were provided to the city in response to the Notice of Application and SEPA determination. (Exhibits 17a -17g). South 320th Place Preliminary Plat Staff Report to the Hearing Examiner C. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners within 300 feet of the site, and all affected ~\lfJtl;; B PA~E~OF .7) 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 (SEP A) A. The City of Federal Way issued an Environmental Determination of Non significance (DNS) for the proposed action on April 9, 2008 (Exhibit 14). This determination was based on review of information in the project file, including the environmental checklist and staff evaluation of the environmental checklist (Exhibits 15 and 16), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. The Federal Way Mirror failed to publish the DNS on April 9, 2008, as requested by the City, and the DNS was published on April 19, 2008, thereby extending the SEP A comment period until May 5, 2008, and extending the appeal period until May 19, 2008. B. The comment period for the DNS concluded on May 5, 2008. The City received a total of seven written comments letters in response to the earlier Notice of Application and SEP A determination (Exhibit 18). The SEP A appeal period ended on May 19, 2008, with no appeals to the City's environmental decision. The environmental decision is incorporated as though set forth in full. C. On May 22, 2008, the City of Federal Way issued an addendum to the SEP A DNS. The SEP A Addendum addressed comments from King County and Lakehaven Utility District regarding construction of utility lines that exceed 8 inches in diameter and construction of 32nd Avenue South within King County and the need for a right-of-way permit frorn King County for construction of 32nd Avenue South. The items addressed in the SEPA addendum were not identified in the applicant's SEPA checklist. IV. NATURAL ENVIRONMENT A. Soils, Topography, Slopes - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgB), 0-6 percent slopes. AIderwood soils are characterized as moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 to 40 inches. AgB soils are described as capable for urban development, runoff is slow, and erosion hazard is slight. Typical soils excavation and grading will occur with the street construction, at the site of the storm detention facility, and for utility installation. The preliminary grading and utilities plan depicts clearing limits for construction of the following facilities: street rights-of-way, surface water pond, usable recreation area, all 115 lots, and a portion of Wetland U. The applicant has proposed to clear and grade all lots with construction of plat infrastructure. Generally, the site slopes gently to the north from South 320th Street. The preliminary plat site does not have any steep slopes or any other geologically hazardous areas. B. Vegetation- Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-158. City policy and FWCC South 320'h Place Preliminary Plat 08~J.~~5~~ 8 Staff Report to the Hearing Examiner /"1 J ~ t:f-age 5 OF :J '3 Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. The site is currently covered with a mixture of second growth conifer trees, alder and other deciduous trees, and understory vegetation. According to the Significant Tree Plan prepared by Pace Engineering, Sheet C-6 (February 2008) there are 551 total significant trees) existing on the site. Development of the site as proposed would eliminate 507 (92%) of the existing significant trees on the site. Pursuant to the provisions ofFWCC Section 22-1568, removal of more than 75 percent of the significant trees requires replacement in the amount of25 percent of the existing significant trees. Therefore, 138 significant trees must be retained and/or replaced on site. However, significant tree retention and replacement standards do not apply to significant trees that are located within areas to be improved for right-of-way and public utility areas. Therefore, the significant tree/ retention and/or replacement count may be slightly lower than the number of 138, should the applicant choose to revise the significant tree plan to eliminate those exempt trees. The significant tree plan proposes to retain 44 significant trees within Native Growth Protection Tract A, as shown on the Significant Tree Plan sheet. On plan sheet C-6, the applicant has requested to receive double credit for retention of 44 significant trees with overlapping canopies. However, supporting documentation regarding the extent of the overlapping canopies and compliance with applicable FWCC has not been provided not approved to allow double credit for significant tree retention as requested. In an e-mail to City staff from the project applicant dated, May 12, 2008 (Exhibit 19) the applicant concurs to provide replacement of a minimum of 94 trees, in addition to retention of 44 significant trees on site. The Preliminary Grading and Utility Plan identifies removal of all the significant trees and other vegetation in areas of development including: installation of streets, storm drainage facilities, utility areas, and on all of the individual lot areas. As discussed in section VI.E, Grading, below, City staff will review the proposed clearing and grading of the site during engineering review, as well as review of significant tree replacement and additional landscape requirements for wetland buffer creation and buffer restoration, street trees installed in the right-of-way behind the curbs, and vegetative buffering planted along South 320th Street in accordance with FWCC standards. C. Wetlands - The applicant's wetland biologist, working in conjunction with the City's wetland biologist, identified six wetlands on or adjacent to the site.2 Any wetland or wetland buffer intrusions are subject to the provisions of the FWCC. Two of the wetlands on or adjacent to the site are exempt from regulation by the City, as they are less than 2,500 square feet. Two of the wetlands are Category II wetlands requiring a IOO-foot buffer, and two of the wetlands are Category III wetlands that are between 2,500 SF and 10,000 SF requiring a 25-foot buffer. I A significant tree is defined in the FWCC as a tree that is iiI good health, not detrimental to the community, and at least 12 inches in diameter 4.5 feet above the ground, not including red alder, cottonwood, poplar, or big-leaf maple. 2 Wetland A is 462 SF in size and is exempt from regulation by City of Federal Way; Wetland AA is a 5,596 SF Category III wetland with a 25-foot buffer; Wetland C is a 4,930 square-foot Category II wetland with a IOO-foot buffer; Wetland D is a 117,278 (434 square feet on-site) category II wetland with a 100-foot buffer; Wetland S is a 1,144 square-foot off-site wetland and is exempt from regulation by City of Federal Way; and Wetland U is a 7,938 square-foot Category 111 wetland with a 25-foot buffer. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner ~ PAGE~OF {J ~3 Wetlands A, AA, and S are proposed to be filled due to grading activities in conjunction with roadway and infrastructure construction and lot development. A portion of Wetland U is proposed to be filled in conjunction with construction of the plat and stormwater facilities. Wetland reports and subsequent letters prepared by TaIasaea Associates (revised May 19,2008), provide relevant information about wetlands and associated wetland setback areas; wetland function and values; development impacts; proposed mitigation; construction management; monitoring; maintenance; and contingency for each impacted area. The Federal Way Hearing Examiner shall review the requests for wetland and wetland setback areas intrusions consistent with the procedural requirements of Process IV Hearing Examiner Review, as discussed in the staffreport for Process IV Hearing Examiner Review oJProposed Wetland Elimination and Wetland Buffer Reduction, South 32(jh Place Preliminary Plat, Federal Way file number 08-100557-00-UP. Specific wetland displacement and butTer reduction and mitigation proposal will be presented for review and approval to the Federal Way Hearing Examiner concurrently with this preliminary plat application. V. NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated along the City's northerly boundary east ofI-5. The subject property is undeveloped and vacant and is surrounded by a variety of land uses including a fire station, single-family residences, BP A Transmission lines, and South 320th Street. The north, west, and a portion of the east property lines form a portion ofthe city's corporate boundary. While the site is vacant, the site is surrounded by various developed and undeveloped properties both within the City boundary and within unincorporated King County. B. The Olympic Pipeline, which transports petroleum products, traverses the subject property in a north-south direction in the western portion of the site within an existing 20-foot-wide easement. The Olympic Pipeline Company has reviewed the preliminary plat and provided connnents in an enclosed undated letter received on May 20, 2008 (Exhibit 20). VI. PRELIMINARY PLAT DESIGN A. Lot Layout, Building Setbacks - The 320th Place subdivision is a single-family residential subdivision with a roadway network that will provide an internal roadway loop. The plat provides for future roadway connections/extensions for both 320d A venue South to extend to the north, and for the future extension of South 3I7th Street to the north, at the west end of the site. The plat has a combination of public roadways, and private roadways and alleys. The proposed 115 lots range in size from approximately 2,640 square feet to 5,921 square feet with an average lot size of approximately 2,900. Generally, most of the proposed lots are rectangular-shaped; and several of the lots are pie shaped. Access to lots 36 - 39, 64, 65, 101, 102, and 103 are from private vehicular access tracts. Access to lots 3 - 11 and lots 72 - 100 are accessed by private access alley tract. Under the FWCC, each lot must provide a minimum front yard structural setback of 20 feet, a side and rear yard structural setback of five feet, and no specific maximum lot coverage requirement applies. For the purposes of preliminary plat review, the building setback lines (BSBL) are accurately depicted on the preliminary plat map, and each lot contains an adequate building area as required under the FWCC. South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner I!UUlAI"P.. 00 ^nIC'a~,7 PAGE -7 OF B '1 B. Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication ofland on site for open space, or a fee in lieu payment. PerFWCC Section 20-156, a minimum of 15 percent of the gross land area shall be provided as open space, with a minimum 10 percent gross area as usable open space. Therefore, the total open space required for this plat is 124,538 feet (2.85 acres, or 15 percent of the 830,253 square-foot parcel). The total usable open space required for this plat is 83,025 feet (1.90 acres, or 10 percent of the 830,253 square-foot parcel). To comply with the open space requirements, the applicant has proposed several open space areas on site as follows: TRACT OPEN SPACE TYPE SIZE (ACRE) TOTALS Tract N Usable 1.35 ac Tract 0 Usable 0.37 ac Tract P Usable 0.20 ac Tract G Usable 0.03 ac Tract I Usable 0.13 ac TOTAL USABLE 2.08 ac (10.9 %) Tract E Buffer 0.25 ac Tract M Buffer 0.21 ac TOTAL BUFFER .46 ac Tract A Conservation 2.10 ac Tract B Conservation .06ac TOTAL CONSERVATION 2.16 ac Tract D Constrained 0.25 ac TOTAL CONSTRAINED 0.25 ac TOTAL OPEN 4.95 ac (26% of SPACE site) The total 2.08 acres of proposed usable open space in Tracts N, 0, P, G, and I exceeds the minimum required amount of 1.90 acres. Usable open spaces are provided in Tract N, to be developed with grass areas and pedestrian trails; Tract 0 to be developed with grass, and a sport court; Tract P to be developed with a children's tot lot and landscaping; Tract G with landscaping; and Tract I with a pedestrian trail. In addition, a condition of the January 22,2008, Small Lot Demonstration Project Approval requires a pedestrian connection in the vicinity of Lot 48, between South 3I8th Street and the BP A corridor. The applicant identified in an e-mail to City staff dated May 12, 2008, that the pedestrian connection would be provided between lots 43 and 44. Buffer open space is proposed in Tract E, along the stormwater pond, and Tract M adjacent to the BP A Corridor. Buffer open space is also required adjacent to South 320th Street on the final plat. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner [!j(filB1T~ PAGE ~ OF;)l The total of 4.95 acres of open space equates to approximately 26 percent of the gross site area, which exceeds the 15 percent minimum gross open space area requirement. Each of the open space tracts will be owned and maintained by the homeowners' association. The final plat shall make provisions for ownership and maintenance of each tract. Limitations on use and development of the conservation tracts shall be provided on the final plat. Prior to issuance of construction permits for the preliminary plat, the applicant shall provide a final open space plan for review and approval by City staff. C. Vehicular Access and Circulation - Primary vehicular access to the site will be provided via the northern extension ofWeyerhaeuser Way and the northern extension of 3200 Avenue South, both from South 320th Street. The 32nd Avenue South right-of-way is outside Federal Way corporate boundaries, but will be constructed in accordance with King County standards as a part of the preliminary plat improvements. To comply with FWCC Section 20-151, which requires block perimeters no longer than 1,320 feet for non-motorized trips and 2,640 feet for streets, South 317th Street within the plat is stubbed to extend to the north in conjunction with future development. Pursuant to FWCC street improvement standards, all street improvements must be dedicated to the City of Federal Way for right-of-way and must be improved to applicable City standards, except private access and private alley tracts. See Section VII of this report for a detailed description of the proposed roadway system and improvements. D. Pedestrian System - As proposed and recommended, the plat complies with the FWCC subdivision code requirernents for on- and off-site pedestrian circulation; providing five-foot sidewalks on both sides of interior streets and the exterior frontage street. The plat also provides for a pedestrian trail within proposed open space Tracts N and I. In addition, the January 22, 2008, small lot demonstration project approval required an additional pedestrian connection in the vicinity of Lot 47. Pursuant to the applicants' e-mail dated May 12,2008, (Exhibit 19) the project will also incorporate an 8-foot-wide trail within a I4-foot tract between lots 43 and 44. 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 grading as shown on approved engineering plans. The applicant has proposed to clear and grade all of the proposed 115 lots at the time of construction of the infrastructure. The proposed unified grading plan would include clearing areas for roadways, storm drainage facility, utilities, the filling of wetlands A, AA, S, and filling a portion of Wetland u. The applicant, in their February 1, 2008, project description, identified that clearing and grading of the lots at the time of the infrastructure as a unified grading plan is vital to the project. The applicant cites reduction of truck traffic and balancing on-site cut and fill, as factors to support a unified grading plan. With the proposed clearing and grading activities, the applicant would be removing 92 percent of the significant trees located on the site, leaving approximately 8 percent of the significant trees and corresponding native vegetation within the NOPE. South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner ~6 PAGE iage 9 OF ) 1 The City will review the proposed grading and clearing request pursuant to FWCC Section 22- I568(c)(I) in conjunction with engineering review and subject to conditions of preliminary plat approval. F. Right-of Way Vaeation Request - The applicant has submitted a formal request to the City to vacate 10 feet ofthe South 320th Street right-of-way, adjacent to the south side of the plat. This right-of-way vacation request will be reviewed and decided upon by the Federal Way City Council under a separate review. The IO-foot linear strip that the applicant has requested to have vacated would be used for the required lO-foot landscape buffer along South 320th Street. Should the right-of-way vacation not be approved, the applicant will need to re-design the plat to provide the code required IO-foot-wide landscape buffer strip adjacent to South 320th Street. G. Landseaping- The applicant's preliminary landscape plan (Exhibit JO) provides landscaping as required by the FWCC Chapter 20, "Subdivisions," including street trees along public roads. FWCC Section 20-178 requires a ten-foot-wide Type III landscape buffer to shield new residences from arterial streets, which applies to the project frontage along South 320th Street. The landscaping along South 320th Street shall be irrigated and backed by a fence the length of the site to provide a quality design. The ten-foot arterial buffer landscaping must be provided in a separate tract prior to final plat approval. Currently, as proposed, the landscaping is proposed within the public right-of-way for South 320th Street. The applicant has submitted a right-of-way vacation request under separate application. The right-of-way vacation request would provide the applicant an additional ten feet of property along the project frontage and allow the landscaping to be implemented in a private tract. As a recommended condition of preliminary plat approval, the applicant's final landscape plan shall be prepared in accordance with all FWCC requirements and preliminary plat conditions of approval and shall be submitted for the City's review and approval prior to issuance of an engineering approval for plat improvements. VII TRANSPORTATION A. Street Improvements - As proposed and as required by the FWCC, all internal and external roadways shall be improved to all applicable FWCC street standards, and rights-of-way must be dedicated by Statutory Warranty Deed to the City of Federal Way. All internal roadways, private alleys, and private access tracts shall be designed in accordance with City standards. Internal roadways shall be designed in accordance with local access standards (Street Section 'W'). The applicant has applied for, and the Public Works Department approved, a modification to the local access road standard. The approved modified street section requires a 28-foot paved roadway, 4Y2-foot planter strips with street trees, 5-foot sidewalks, and 2Y2-foot utility strips with street lights, within a 52-foot right-of-way. The applicant also received approval to include curb 'bump-outs' at the internal roadway intersections, as shown on the preliminary plans. All alleys shall be designed in accordance with City standards for private alleys (City Standard Drawing 3-2EE), and private access tracts shall be in accordance with City standard Drawing 3- 2Y, modified to eliminate the 5-foot sidewalk on one side of the roadway. Private alleys and access tracts will be owned and rnaintained by the future homeowners. South 320lh Place Preliminary Plat Staff Report to the Hearing Examiner ~B l'AGE.Joage 10F :; ~ Street improvements required along the subdivision frontage adjacent to South 320th Street shall be in accordance with City standards for a Principal Arterial (Street Section 'A '). Required improvernents to South 320th Street also include modifications to the existing traffic signals at 32nd Avenue South and Weyerhaeuser Way South. The western plat boundary is un-improved right-of-way (3200 A venue South) owned by King County. The applicant has agreed to construct liz-street improvements along 32nd A venue South in accordance with City of Federal Way street standards for a Principal Collector (Street Section '0'). City required improvements for 32nd Avenue South include 24 feet of paved roadway, 6- foot planter strip with street trees, 8-foot sidewalk, and 3-foot utility strip with street lights. Additional improvements may be deemed necessary by King County development review and traffic division staff. An additional 11 feet of right-of-way dedication is required along the western plat boundary, in order to accommodate the required improvements. Approval of a King County right-of-way permit is required prior to construction of the improvements within the 3200 Avenue South right-of-way. The Public Works Department has reviewed the street layout for the proposed subdivision, and has concluded that they are consistent with the adopted codes and the comprehensive plan. B. 32nd Avenue South - The proposed access to the site at the westerly end of the property is within the 32nd Avenue South right-of-way corridor. The 32nd Avenue right-of-way corridor is outside the City of Federal Way corporate limits. King County has jurisdiction for review of the construction design and permit review for 32nd Avenue South roadway construction to be completed by the applicant. The proposed access at 3200 A venue is necessary to meet the second access point for the plat, and must be completed and accepted by King County by fmal plat approval. C. Off-Site Traffic Mitigation - This proposal has been reviewed under the City's Transportation Concurrency requirements. The City's Traffic Engineer has conducted a review of the transportation impacts from the proposal and conducted a Transportation Concurrency Analysis for the proposal in accordance with FWCC Chapter 19. The proposal impacts 16 Transportation Improvement Plan (TIP) projects on the City's 6-Year TIP. The applicant shall either construct the impacted Transportation Improvement Plan projects identified in the April 17, 2008 Concurrency Decision, or alternatively pay a pro-rata share of$36I,I14.00 toward the impacted TIP projects prior to final plat approval. On April 28, 2008, the applicant accepted the Transportation Concurrency decision (Exhibit 21, Concurrency Decision). VIII. PUBLIC SERVICES A. Schools - As part of the City's review ofthe proposal, the preliminary plat application was referred to the Federal Way School District for review. A January 23, 2008, school access analysis submitted by the applicant (Exhibit 23) indicates that Lake DoloffElementary, Kilo Middle School, and Thomas Jefferson High School will serve the proposed subdivision. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. As identified in a May 28,2008 email from Geri Walker with Federal Way Public Schools (Exhibit 24) the District anticipates that bus transportation would be provided for all school age children, and bus stops would be located within the 320th Place subdivision. South 3201h Place Preliminary Plat Staff Report to the Hearing Examiner ~B PAGELOF ,J3 School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $3,883.00 per single-family housing 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. Parks & Open Space - The subject site is approximately Y2 mile from the North Lake Fishing Access, and approximately one mile from Steel Lake Park. The proposed plat provides a variety of usable, constrained, and buffer open spaces on site. Overall, approximately 26 percent of the site is open space, of which approximately 10.9 percent of the site is proposed as usable open space. The proposed open space plan with the exception of the arterial buffer along South 320th Street meets the open space minimum requirements in FWCC Section 22-156 for the purposes of preliminary plat review. C. Fire Protection - South King Fire and Rescue requires that a fire hydrant be located within 350 feet of each lot. The Certificate of Water Availability from 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. A January 11, 2008, Certificate of Sewer Availability (Exhibit 25) 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 January 11, 2008, Water Availability Letter (Exhibit 26) indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DEA). C. Drainage Facilities - Stonnwater Runoff-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 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The project site is located within the East Branch Sub-basin of the HyIebos Creek Drainage Basin. The project is required to provide Levell Flow Control (detention) and Basic Water Quality Treatment, per the design criteria of the KCSWDM. South 320lb Place Preliminary Plat Staff Report to the Hearing Examiner The site is comprised of two separate drainage sub-basins, divided by a north-south running ridge, with approximately 2/3 of the site's stormwater runoff draining toward the southwest portion of the site, and the remaining 1/3 of the site draining toward the southeast comeT. The existing stormwater flows from each of these sub-basins are conveyed downstream through a series of natural and man-made storm drainage systems, and combine into a single conveyance system approximately one-half mile downstream of the project site. The KCSWDM specifies that project sites with separate discharge areas that combine flows beyond ~-mile of the site, must provide separate on-site flow control and water quality treatment for each sub-basin. ~B PAGE J :Jge 10F :)'1 The applicant requested, and the City approved, an adjustment to the requirement to provide separate flow control and water quality facilities for each on-site sub-basin. The applicant proposes to direct a majority of all on-site stormwater to the new pond located in the eastern sub- basin. The applicant's engineer provided additional analysis that demonstrates that the existing (eastern sub-basin's) downstream conveyance system has adequate capacity to convey and contain the 25-year storm events, as required under the KCSWDM. The analysis also demonstrates the existing downstream conveyance system has the capacity to convey the 25-year storm events under future build-out of the upstream tributary sub-basin. The on-site stormwater pond facility, providing both flow control and Basic water quality treatment, is proposed near the southeast comer of the site. Because the stormwater pond discharges to the adjacent wetland to the east, the flow control portion of the pond has been designed to the requirements set forth by the U.S. Army Corps of Engineers, in order to mitigate the impacts of stormwater discharge to the wetlands. The Corps of Engineers requires a higher level offlow control than that required by the City, thereby providing sufficient stormwater impact mitigation. This higher level of flow control also serves to mitigate impacts on the downstream drainage conveyance system. The western site sub-basin currently drains to an IS-inch culvert crossing under South 320th Street, which discharges to an existing wetland located on the south side of the street. A portion of the site's future roof drains will drain to the existing culvert, with the intention of maintaining some hydrology to the wetland. The applicant's storm drainage Technical Information Report (TIR), dated February 26, 200S, revised April 1, 200S, (Exhibit 29) was reviewed and preliminarily approved by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. Stormwater design and plat drainage elements tllust conform to the standards, policies, and practices of the City of Federal Way's Surface Water Managernent Division as outlined in the adopted KCSWDM and City amendments, the Comprehensive Suiface 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. The detention facilities shall be screened with vegetation from the plat, the right-of-way, and surrounding properties. Cyclone fencing, if used, shall be black or dark green vinyl coated. 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. South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner ~fll~~~ B PAGE-J , OF:J .1 1. 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 multi-family. The proposed land use, Single-Family Residential, with 2,400 square-foot minimum lot size is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. 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. 3. 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 multi-family 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 prornote 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 26 percent of the site as permanent open space. As proposed, and with conditions as recommended by City staff, the preliminary plat application cornplies with all provisions of the chapter. 5. It is consistent with the development standards listed in FWCC Sections 20-151 through 157, and 20-158 through 187. Staff Comment: Development of this site is required to comply with the provisions ofFWCC 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: South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner B age ]4 PAGE.J:/ OF ..2.L. 1. The proposal is to subdivide a vacant I9.06-acre parcel into 115 single-family residential lots, with associated roadway and utility improvements. The subject property is zoned RM2400 and the preliminary plat application was deemed complete on February 22,2008. The proposal includes provision for various types of open spaces. The site contains several wetlands and the applicant has requested to displace two regulated wetlands and reduce one regulated wetland buffer width and provide compensatory wetland mitigation. 2. The proposed single-family residential plat is a small lot demonstration project as permissible in the RM-2400 zoning district under FWCC Section 22-665. The purpose of the small lot demonstration project is to promote additional housing ownership opportunities within multi- family (RM) residential zoning districts, and provide design flexibility and innovation consistent with the site and the comprehensive plan. The proposal by Quadrant was selected as the City's first small lot demonstration project as identified in the City's January 22,2008, Conditional Approval of the Demonstration Project. The conditions of the January 22, 2008, small lot demonstration project approval must be implemented in the proposal. 3. The applicant has a submitted a separate Process IV application for wetland elirnination and wetland buffer reduction that is being reviewed concurrently with the preliminary plat application. The wetland elimination and wetland buffer reduction proposal is being reviewed under City File No. 08-100557-00-UP and will be decided upon by the Hearing Examiner based on applicable decisional criteria identified in the FWCC. Development of public roadway improvements, construction of utilities, and construction of 115 building lots as proposed would result in permanent displacement and filling of Wetland AA and a portion of Wetland U, and reduction of the buffer for Wetland U. If the associated proposed wetland displacement, and wetland buffer reduction proposals are not approved by the Hearing Examiner as proposed, the preliminary plat may not meet applicable standards, and the preliminary plat may not meet applicable decisional criteria and/or FWCC code requirements. Modifications to the lot count, plat layout and design, and infrastructure improvements would be required if the wetland displacement and/or wetland buffer reduction is not approved. With conditions recommended by City staff, both the preliminary plat application and wetland displacement and wetland buffer reduction proposals meet applicable decisional criteria and FWCC requirements. 4. The applicant has proposed to fill and eliminate a total of 8,979 square feet of regulated wetland (fill 5,596 square feet of Wetland AA and fill 3,383 square feet of Wetland U). The applicant has proposed mitigation of the filled wetland by creating 13,506 square feet of new wetland creation area around existing Wetland U. Pursuant to the Federal Way City Code (FWCC) Section 22-1358( d), these requests require a Hearing Examiner review and approval under the provisions of Use Process IV. The applicant has also requested to reduce the required 50-foot wetland buffer to a 25-foot buffer around created Wetland U. Pursuant to FWCC Section 22-1359(f), this request requires a Hearing Examiner review and approval under the provisions of Use Process IV. The applicant has also proposed to fill/eliminate two additional wetlands on site (Wetland A _ 462 square feet, and Wetland S - 1,144 square feet), which are both under 2,500 square feet and are therefore not regulated by the Federal Way Critical Areas code. South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner I!XHlBUi~ PAGE J~ OF . g ;)"1 There are also portions oftwo other wetlands identified as Wetland C and D, located in the northeasterly portion of the site. Wetlands C and D are Category II wetlands with 100-foot buffers. Wetlands C and D and their IOO-foot buffers are not impacted by the proposed development with the exception of potential wetland and wetland buffer enhancement for Wetland C and its buffer. The applicant's conceptual wetland creation plan shows the creation of 13,506 square feet of wetland creation area in the Wetland U complex. The wetland creation area is proposed on site, mainly adjacent to the east side of the existing Wetland U. This replacement meets the required 1.5: 1 wetland creation ratio amount of wetland replacement, and there is no net loss of wetland area. In order to assure successful wetland creation area on site and compliance with all applicable code requirements, the applicant will need to provide additional information to the City regarding groundwater levels and detailed soils information at and below the proposed grade of the proposed Wetland U creation area, prior to City review and approval of the final wetland mitigation and creation plan. The conceptual wetland plan does not presently provide adequate information to detel-mine the viability of creating a successful wetland at the Wetland U complex. The current conceptual mitigation plan does not provide a 25-foot-wide buffer around all of created Wetland U. As identified in the ESA Adolfson review letter dated May 28,2008, the conceptual mitigation plan must be revised to show all wetland buffers around created Wetland U being a minimum width of 25 feet per FWCC Section 22-1 359(f). Modifications to the preliminary plat design, lot count, and roadway and utility designs may be necessary if the applicant is unable to provide detailed information identifying that hydrologic and geologic conditions in and around the proposed wetland creation Area U will ultimately result in wetland conditions. A final wetland creation and mitigation plan must be reviewed and approved by the City prior to any filling and grading of regulated wetlands and buffers on site. 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. 5. An Environmental Detennination of Non sign ificance (DNS) was issued for this proposed action on April 9, 2008, based on a Staff Evaluation of Environmental Checklist. No appeals of the environmental determination were filed with the City. The City issued an addendum to the SEP A DNS on May 22, 2008, relating to construction of utility lines and a King County right- of-way permit requirement and construction permit requirements. 6. Lot sizes of the 115 proposed lots meet or exceed the underlying required minimum lot size of 2,400 SF; and range in size from 2,640 to 5,921 SF. 7. City staff received seven written comment letters, six of which were from public agencies and one from a neighbor. The public comments were considered in the environmental determination on the project. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner EXRlBJr~~ R PAGE..liz.-OF cJ i 8. The applicant has proposed to clear and grade all of the proposed 115 lots at the time of construction of the infrastructure. The proposed unified grading plan would include clearing areas for roadways, storm drainage facility, utilities, the filling of wetlands A, AA, S, and filling a portion of Wetland U. The clearing and grading would result in removing 92 percent of the significant trees on the site at the time of infrastructure construction. Approval of clearing limits, which exceeds the minimum necessary clearing area allowed by FWCC, warrants special considerations, conditions, and penalties should the applicant fail to perform site construction in a timely manner. Therefore, subject to the condition listed below, City staff supports clearing the individual lots at the time of plat infrastructure construction based on special circumstances. The recommended condition of approval regarding timing of clearing and construction, monetary penalty, erosion control, and efforts to preserve significant trees will mitigate the impact from clearing the individual lots in advance of individual building permits for each home. The two-month timeframe for initiating construction following final plat is based on Quadrant's time schedule (Exhibit 27), and the recommended $126,000.00 fee paid to the city if house construction activity does not commence within this timeline is based upon the marketable value of the timber to be removed from the site as identified in the applicant's estimate (Exhibit 28). Due to the proposed small lot size resultant from the Demonstration Project, and reduction in truck trips from a unified grading operation, City staff supports the proposed unified grading plan subject to review of a final grading plan and subject to the recommended conditions of preliminary .plat approval. 9. The applicant's significant tree inventory indicates 507 of 551 significant trees will be removed from the site within the proposed grading limits, including those located in the displaced wetland areas and on individual building lots. All significant trees and vegetation within the preserved and created wetland and its setback will be retained in Critical Area Tracts, and the applicant's Wetland Mitigation Plan also proposes to add native vegetation in the wetland creation areas and buffer restoration areas. 10. The applicant's preliminary landscape plan provides landscaping as required by the FWCC Chapter 20, "Subdivisions," including street trees along public roads. However, the preliminary landscape plan does not provide the required IO-foot-wide Type III landscaping in a separate tract along South 320th Street required by FWCC Section 20-178. The ten-foot arterial buffer landscaping must be provided in a separate tract prior to final plat approval. Currently, as proposed, the arterial buffer landscaping is proposed within the public right-of-way of South 320th Street. The applicant has submitted a right-of-way vacation request to the City under separate application. The right-of-way vacation request, if approved, would provide the applicant an additional ten feet of property along the project frontage and allow the landscaping to be implemented in a private tract as required by FWCC. . A recommended condition of preliminary plat approval is that the applicant's final landscape plan shall be prepared in accordance with all FWCC requirements and preliminary plat conditions of approval and shall be submitted for the City's review and approval prior to issuance of an engineering approval for plat improvements. The landscaping along South 320lb Street shall be irrigated and backed by a fence the length of the site to provide a quality design. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner EXft1a1f~ PAGEJ J OF J1 In addition, to assure compliance with applicable code requirements to contain the 10-foot-wide Type III landscaping in a separate tract along South 320th Street, the proposed IO-foot right-of- way vacation must be secured by the developer prior to issuance of construction plans for the plat infrastructure. The acceptability of proof of securing the right-of-way shall be at the discretion of the City of Federal Way. II. The proposed plat provides a variety of usable, constrained, and buffer open spaces on site. Overall, approximately 26 percent of the site is open space, of which approximately 10.9 percent of the site is proposed as usable open space. The proposed open space plan meets the minimum open space requirements in FWCC Section 22-156. The final plat must include a minimum 14- foot-wide tract for pedestrian access in the vicinity of Lot 48, as required in the January 22, 2008, Small Lot Approval Decision by the City of Federal Way. In the applicant's April 25, 2008, response letter to City staff (Exhibit 27), the applicant proposed to dedicate to the City P ARCS Department the I.35-acre Tract N open space in the northwest comer of the site within the BP A easernent. The City will accept the Tract N open space for the purposes of public park, open space, and future trail use under the condition that the open space tract be owned and maintained by the homeowners' association until the time the City P ARCS Department requests public dedication of the Tract N in the future. If agreed upon by the applicant and the City, the final plat map shall note that Tract N is to be dedicated to the public (City P ARCS) when the City P ARCS Department requests dedication of the open space for development with public amenities. 12. The City's Traffic Division has conducted a review of the transportation impacts from the proposal and conducted a Transportation Concurrency Analysis for the proposal. The applicant shall either construct the impacted Transportation Improvement Plan projects identified on the April 17, 2008, Concurrency Decision issued by the City, or alternatively pay a pro-rata share of $361,114.00 toward the impacted TIP projects prior to final plat approval. On April 28, 2008, the applicant accepted the Transportation Concurrency Decision. 13. Public access to the plat will be provided by the extension of 32nd Avenue South, adjacent to the north end of the site in unincorporated King County, and by the northerly extension of Weyerhaeuser Way South. Roadway connection will be provided in the plat and the interior roadway will provide a vehicular loop, and will provide for extension of two future vehicular connections to the north. Plat layout provides for good vehicle circulation in accordance with all applicable right-of-way irnprovement requirements. In accordance with the FWCC, all public street improvements must be dedicated as City right-of-way and improved to applicable FWCC street standards. The City's 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. 14. As proposed and as required by the FWCC, all internal and external roadways except 32nd Avenue South and the private access tracts and alley tracts shall be improved to all applicable FWCC street standards, and rights-of-way must be dedicated by Statutory Warranty Deed to the City of Federal Way. All internal roadways, private alleys, and private access tracts shall be designed in accordance with City standards. Internal roadways shall be designed in accordance with local access standards (Street Section 'W'). The applicant has applied for, and the Public Works Department approved, a modification to the local access road standard. The approved modified street section requires a 28-foot paved roadway, 4Y:z-foot planter strips with street trees, ~~ PAGE.J re IDF ,J 7 South 320th Place Preliminary Plat Staff Report to the Hearing Examiner 5-foot sidewalks, and 2Y2-foot utility strips with street lights, within a 52-foot right-of-way. The applicant also received approval to include curb 'bump-outs' at the internal roadway intersections, as shown on the preliminary plans. All alleys shall be designed in accordance with City standards for private alleys (City Standard Drawing 3-2EE), and private access tracts shall be in accordance with City standard Drawing 3- 2Y, modified to eliminate the 5-foot sidewalk on one side of the roadway. Private alleys and access tracts will be owned and maintained by the future homeowners. Street improvements required along the subdivision frontage adjacent to South 320th Street shall be in accordance with City standards for a Principal Arterial (Street Section 'A '). Required improvements to South 320th Street also include modifications to the existing traffic signals at 32Dd Avenue South and Weyerhaeuser Way South. The western plat boundary is un-improved right-of-way (32nd A venue South) owned by King County. The applicant has agreed to construct Y2-street improvements along 32nd A venue South in accordance with City of Federal Way street standards for a Principal Collector (Street Section '0'). City required improvements for 32nd Avenue South include 24 feet of paved roadway, 6- foot planter strip with street trees, 8-foot sidewalk, and 3-foot utility strip with street lights. King County has jurisdiction for review of the construction design and permit review for 32nd A venue South roadway construction to be completed by the applicant. Additional improvements may be deemed necessary by King County development review and traffic division staff. An additional 11 feet of right-of-way dedication is required along the western plat boundary, in order to accommodate the required improvements. Approval of a King County right-of-way permit is required prior to construction of the improvements within the 3200 A venue South right-of-way. The Public Works Department has reviewed the street layout for the proposed subdivision, and has concluded that they are consistent with the adopted codes and comprehensive plan. 15. As proposed and recommended, the plat complies with the FWCC subdivision code requirements for on- and off-site pedestrian circulation; providing five-foot sidewalks on both sides of interior streets and the exterior frontage street. The plat also provides for a pedestrian trail within proposed open space Tracts N and I. In addition, the January 22, 2008, small lot demonstration project approval required an additional pedestrian connection in the vicinity of Lot 47. Pursuant to the applicant's e-mail dated May 12,2008, the project will also incorporate an 8-foot-wide trail within a I4-foot tract between lots 43 and 44. 16. The applicant provided a school access analysis that indicates that the site will be served by Lake DoloffEIementary, Kilo Middle School, and Thomas Jefferson High School. Students traveling from the subdivision to each of the public schools will be bussed from new bus stops within the plat as deemed appropriate by the School District. Sidewalk improvements within the subdivision will provide safe access to school bus stops. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $3,883.00 per single-family housing unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner ~~ PAGE~OF J 3 17. 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 King County Suiface Water Design Manual (KCSWDM) and the City's amendments to the manual. Compliance with the applicable regulations and reconnnended conditions of preliminary plat approval will ensure that all potential erosion, surface water runoff, water quality, and infiltration/storage-related impacts to wetlands are addressed. The project site is located within the East Branch Sub-basin of the Hylebos Creek Drainage . Basin. The project is required to provide Levell Flow Control (detention) and Basic Water Quality Treatment, per the design criteria of the KCSWDM. The applicant requested, and the City approved, an adjustment to the requirement to provide separate flow control and water quality facilities for each on-site sub-basin. The on-site stormwaterpond facility, providing both flow control and Basic Water Quality Treatment, is proposed near the southeast comer of the site. The applicant's storm drainage Technical Information Report (TIR), dated February 26, 2008, revised April 1 ,2008, was reviewed and preliminarily approved by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plan 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 Suiface 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. The detention facilities shall be screened with vegetation from the plat, the right-of-way, and surrounding properties. Cyclone fencing, if used, shall be black or dark green vinyl coated. 18. The preliminary plat was reviewed and determined to be consistent with all preliminary plat decision criteria set forth at FWCC Sections 20-126(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 20-157, and 20- 178 through 20-187. 19. 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 Way City Code (FWCC) Chapters 18, "Environmental Policy"; 19, "Planning and Development"; 20, "Subdivisions"; 21, "Surface and Stormwater Management"; Chapter 22, Articles XN, "Environmentally Sensitive Areas"; XIX, "Connnunity Design Guidelines"; and XVI, "Improvements"; the 1998 King County Suiface 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. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner BJ.~S7oo B aHe !8 PAGE .?o OF ~ 3 20. As required by RCW 58.17.110, the preliminary plat 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 wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public use and interest will be served by the platting of such subdivision and dedication. 21. 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. 22. As proposed and recommended by staff, approval and development of the proposed preliminary plat will ensure consistency and compatibility with existing surrounding non-residential, single- family residential and rnuIti-family zoning, uses, and densities. 23. Pursuant to the FWCC, prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvernents appropriately bonded, per City code requirements. XII. RECOMMENDATIONS Based on review of the application, 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 N component of the application, subject to the following conditions: 1. 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 mitigation planting approved by the Federal Way Hearing Examiner, restoration of the areas disturbed by installation of the storm drainage, visual screening of the Tract C storm drainage facility, and street trees for review and approval by the Departments of Community Development Services and Public Works. Prior to submittal to the City, the components of the landscape plan relating to the landscaping and restoration of Tracts A, C, and E shan be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations contained in the applicant's Final Wetland Creation and Enhancement Plan. Pursuant to FWCC Section 22-1243, the City will 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. 2. The Hearing Examiner conditions of the associated Process IV wetland displacement and wetland buffer reduction request under City file number 08-1 00557-UP are hereby by reference. 3. The final plat drawing shall dedicate all usable and buffer open spaces in individual 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 the 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 South 3201h Place Preliminary Plat Staff Report to the Hearing Examiner ~mYbl:r;~ B PAGE.2LOF ). '1 City. A note shall be included on the final plat map that the open space tracts 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. 4. The final plat drawing shall dedicate all conservation and constrained open spaces in individual open space tracts to be owned in common and rnaintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tracts, unless otherwise approved by the City because the vegetation is dead, dying, dangerous, or other valid reason. 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 tracts shall not be further subdivided, may not be developed with any buildings or other structures, and may not be used for financial gain. 5. To assure a high quality design and streetscape, and consistent streetscape design, the 10-foot- wide Type III landscape buffer adjacent to South 320th Street must be appropriately irrigated, and backed by an attractive fence made of solid wood board, masonry or other material to be approved by the City along the length of the site adjacent to individual lots. The landscape and fence plan must be submitted for review and approval before issuance of construction permits for the plat infrastructure, and the landscaping, fence, and irrigation shall be installed prior to final plat approval. 6. Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Significant Tree Plan by Pace Engineers, Sheet C-6, dated February 2008. The clearing limits on the plan sheet referenced above are the approximate clearing limits necessary for roads, utilities, stormwater pond, and future building lots. Prior to final plat approval, the developer may clear all vegetation from all building lots, provided that prior to commencement of any clearing activity, the applicant shall submit the following items to the City for review and approval: (1) an erosion and sedimentation control plan consistent with KCSWDM Appendix D for the disturbed areas to demonstrate site stabilization; (2) a written commitment to make every effort to commence house construction activity within two months of receiving final plat approval, and a gross timber value fee of $126,000.00 paid to the city if house construction activity does not commence within two months of final plat approval; (3) to reflect the applicant's desire to retain significant trees on the subject site in critical areas and surrounding areas, an arborist's report prepared to recommend what can be done to maximize the survival of retained significant trees and denote specific tree protection methods, which shall also be depicted on the erosion control plan. 7. Rockeries and retaining walls associated with plat construction 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, public rights-of-way and usable open space. Design of any rockery or retaining walls shall be submitted to the City and approved prior to issuance of any construction plans for the plat infrastructure. 8. To assure compliance with applicable code requirements to contain the required IO-foot-wide Type III landscaping in a separate tract along South 320th Street, the proposed IO-foot right-of- way vacation along South 320tb Street must be secured by the developer through City Council action, prior to issuance of construction plans for the plat infrastructure. South 320lb Place Preliminary Plat Staff Report to the Hearing Examiner e~Q;,: 8 PAGE ..?2. OF :J3 XIII. LIST OF EXHIBITS 1. Master Land Use Application 2. Vicinity Map 3. Preliminary plat map by Pace Engineers, dated February 2008, sheet C-I 4. Existing Conditions Plan map by Pace Engineers, dated February 2008, sheet C-2 5. Preliminary paving, grading and drainage plan by Pace Engineers, dated February 2008, sheet C-3 6. Preliminary Street Sections by Pace Engineers, dated February 2008, sheet C-4 7. Preliminary Utility Plan by Pace Engineers, dated February 2008, sheet C-5 8. Significant Tree Plan by Pace Engineers, dated February 2008, sheet C-6 9. Preliminary clearing and grading plan by Pace Engineers, dated February 2008, sheet Coli 10. Conceptual Landscape Plan by Weisman Design Group, dated 11/30/07, sheets L1.0 and L1.1. 11. FWCC Section 22-665 Small Lot Demonstration Chart 12. January 22,2008, City Approval of Small Lot Demonstration Project 13. Quadrant Homes February 1, 2008, Application Booklet 14. SEPA DNS dated April 9, 2008 15. SEPA Checklist Staff Evaluation 16. SEP A Checklist 17. Comment Letters Received Following Notice of Application I7a - Paul Woolson, BPA 17b - John Roden I7c - Felix PaIisoc, WSDOT I7d -Gary Kriedt, KC Metro I7e - Jean Stillwell, Pierce Transit I7f - Brian Asbury, Lakehaven Utility District 17g - Alex Perlman, King County DDES 18. DNS Addendum dated May 22, 2008 19. May 12,2008, George Cook, Quadrant Homes e-mail 20. Olympic Pipeline Letter, dated received May 20, 2008 21. Transportation Concurrency Decision dated April 17, 2008 22. City and King County Maps 22a - Zoning Map 22b - King County Comprehensive Plan Designation Map 22c - Federal Way Potential Annexation Area Comprehensive Plan Designation Map 23. School Access Analysis, dated 1/23/08 24. Federal Way Public Schools, Geri Walker e-mail, dated May 28,2008 25. Certificate of Sewer Availability 26. Certificate of Water Availability 27. Page of response letter from George Cook (portion highlighted) 28. April 16, 2008, CC Edward Timber Value Letter 29. Stormwater Technical Information Report (TIR) prepared Pace Engineering, dated revised April 1, 2008 TRANSMITTED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant - George Cook, Quadrant Homes Project Engineer - Kennith Milsen, Pace Engineers Federal Way Staff - Jim Harris, Kevin Peterson, Rick Perez, William Appleton City's Critical Areas Consultant - Lizzie Zemke, ESA Adolfson South 320th Place Preliminary Plat Staff Report to the Hearing Examiner 8 PAGE :iJe~bF d '3 -.- ~ ~ - :..:: flV!~ ' . ... j t . ~ ... v" ..... c:lI. - "1:. ;0 -g . ::l[ i6..~ illJ II ~ ()~ J I~~ <II I ~ ~I ..... <i "; co .8 ..... .m ; I,JI' C> . Ili~.1 ~ oo'r 'I 8 d ~8 iq p ! r, "~""~'" .?'._. _, ,,~~"'C'":=':':/}_ .r Ii' 'i ~ >. \,"",,~r>" ~~!I~ :' '~ k ill! I !I ~ 'u "Ill l' l< ~I!! ~ - '" " I \" I ~!.1 ~ <\. l;; ifi'.'... "..... 7 "'. -- .. i:' ~ I I" . '. I i \":( i! ~ ~ ' , " .". ':., ,.' ~ _ "''''''''''! 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'-';!5;~ ~~~ ~~3il ;<~ iil 8 ""~ .,<,;; ~ 'g <~ ~i~~ UiS~ ~i ~~ I g~~ I )Itl~~ d\i ~ ~ :'l ~~ ,,~~ ~;j ffi ~~ ;~ ~ w ~ ~ ~ ~ ;1~ ~~ ~ ~02 ,,8a~~~ w ~~$~'~~~~~8~ ~~ ~~~~h~~~hnl I 1 I lHDliH HO.:! QN!lE'J!1 iilS ~ A ll~ : I @~ ~ ~ @ ~~ ~ .. ~9. N'\ I 8~W ~ II~ ~ ~ ! Jll~~~ ~ i ;~- I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE SOUTH 320tb PLACE PRELIMINARY PLAT, FEDERAL WAY FILE NO. 08-100555-00 SUo WHEREAS, the owner, Quadrant Homes, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as South 320th Place Preliminary Plat, and consisting of 19.06 acres into one-hundred fifteen (115) single-family residential lots located along the City's northerly boundary east of Interstate-5, adjacent to the north side of South 320th Street and between Interstate-5 and Military Road; and WHEREAS, on April 19 , 2008, an Environmental Determination ofNonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C; RCW, and WHEREAS, the Federal Way Hearing Examiner on June 4, 2008, held a public hearing concerning the South 320th Place preliminary plat; and WHEREAS, following the conclusion of said hearing, on June 25, 2008, the Federal Way Hearing Examiner issued written Findings of Fact, Conclusions of Law and Recommendation containing fmdings and conclusions, and recommending approval of the South 320th Place preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuantto Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on July 7, 2008, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on South 320th Place preliminary plat application, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed South 320th Place preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and Res # , Page 1 EXHIBIT PAGE-LOF C <1 WHEREAS, on July 15, 2008, the City Council considered the record and the Hearing Examiner recommendation on South 320th Place preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions of Law. 1. The findings offact and conclusions oflaw of the Hearing Examiner's June 25, 2008 Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the fmdings and conclusions of the Federal Way City Council. Any fmding 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 Findings of Fact and Conclusions of Law contained therein as adopted by the City Council immediately above, South 320th Place preliminary plat, Federal Way File No. 08-100555-00 SU, is hereby approved, subject to conditions as contained in the June 25, 2008 Findings of Fact, Conclusions of Law and Recommendation of the Federal Way Hearing Examiner (Exhibit A). , Page 2 EXHIBIT PAGE ~ OF C. '-J Res # Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision ofthe subject property. Should any court havingjurisdiction over the subject matter declare any ofthe 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 ,2008. CITY OF FEDERAL WAY MAYOR, JACK DOVEY , Page 3 EXHIBIT PAGE ~ C OF c.; Res # ATTEST: CITY CLERK, LAURA HATHAWAY ApPROVED AS To FORM: CITY ATfORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION NO. Res # , Page 4 EXHIBIT C PAGE Y OF r COUNCIL MEETING DATE: July 15,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Federal Way Village Rezone Ordinance Amendment POLICY QUESTION: Should the City Council amend Condition Number 3 of the Conditions of Zoning Approval of Ordinance 05-490, as amended by Ordinance 07-556? COMMITTEE: Land Use/Transportation Committee (LUTe) MEETING DATE: July 7, 2008 CATEGORY: D Consent [gI Ordinance D Public Hearing D City Council Business D Resolution D Other: Information Only STAFF REPORT By: Senior Planner Janet Shull, AICP ~~' DEPT: Community Development ,..-................,...--.............................._.............,...._.........._........_._.....,.............._..._._......................,........,....,...........,...............,....L:t~,..........._.....,.........,......................,_..................,..,...,_.._.........,.._....,....__......._,_..._...._..'.......__.................,...._, Summary/Background: Jon Potter (on behalf of Federal Way Village, LLC), has requested to modify condition number 3 of Ordinance 07-556 in order to allow for phased construction of required right-of-way to serve the Federal Way Village project. The Planning Commission conducted a public hearing on June 17,2008, and recommended that the council approve the staff recommended ordinance amendments. Staff will make a brief presentation at the July 7, 2008, LUTC meeting, Attachments: 1) Draft Adoption Ordinance with amended language shown in sa-ikeout (proposed deletions) and underline (proposed additions); and 2) June 4, 2008, Staff Report to the Planning Commission with Exhibits 1-4. Options Considered: 1) Adopt the Planning Commission recommended amendments to Ordinance 07-556 (amending Ordinance 05-490); 2) Adopt the recommended amendments with modifications; or 3) Do not adopt the recommended amendments, STAFF RECOMMENDATION: Council approval of the Planning Commission recommended amendments to Ordinance 07-556. to Council DIRECTOR ApPROV AL: ~ to Committee To Council CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: Forward the Ordinance for first reading to the full Council on July 15,2008. Linda Kochmar, Chair Dini Duclos, Member Jim Ferrell, Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (JULY 15, 2008): 1 move to forward the ordinance to a second readingfor enactment on the August 5, 2008, consent agenda. 2ND READING OF ORDINANCE (AUGUST 5, 2008): "1 move approval of the ordinance to amend Ordinance 07-556" " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # File #08,I02234-00-UP Doc, 1.0, 45936 DRAFT AMENDING ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO ORDINANCE 07-556, AMENDING ORDINANCE 05-490, RELATING TO THE CONDITIONS OF ZONING APPROVAL FOR FEDERAL WAY VILLAGE (aka KITTS CORNER) (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405,03-442,04-460,04-461,04-462,05-490, 05-491, 05-492, 07-556). WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27, 2003, July 20, 2004, June 16, 2005, and July 3, 2007; and WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), based on specific conditions as contained in said ordinance; and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Community Business (Be) and approximately 27 acres west of a dividing line would be designated Multi-Family (RM 2400); the dividing line described as a line extending southwards from the South 336th Street right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point Ord# , Page 1 File #08-102234-00-UP / Doc, 1.0, 45651 approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13th Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and WHEREAS, the applicant submitted an application for a Master Plan for the Federal Way Village site in January 2007; and WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and WHEREAS, in June 2007, the City Council of the City of Federal Way adopted Ordinance 07-556 that amended the conditions of approval of the approximately 19 acres of that portion of the site zoned Community Business; and WHEREAS, in February 2008, the City's SEPA Responsible Official issued a Mitigated Determination of Non significance on the Federal Way Village Master Plan that considered phased implementation ofthe required public roadway network; and WHEREAS, in May 2008, the City of Federal Way received a request to further amend the conditions of zoning approval to allow for the phased construction of required public right-of-way within the site consistent with phased construction of the proposed zero-lot line townhouse subdivision and mixed use commercial portions of the site; and WHEREAS, the City of Federal Way through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. On June 18, 2008, the City's Planning Commission considered the request for a change in the conditions of zoning approval to allow for phased construction of required public right-of-way within the Federal Way Village site. 2. On July 7, 2008, the Land Use/Transportation Committee of the Federal Way City Council considered the request, based on recommendation by the Planning Commission, following which it recommended adoption of the Planning Commission's recommendations. Ord# , Page 2 File #08-102234-00-UP I Doc. LD, 45651 3. On July 15,2008, the full City Council considered the request for a change in the conditions of zoning approval to allow for phased construction of required public right-of-way within the Federal Way Village site at which time it adopted the Planning Commission's recommendation as forwarded by the Land/Use Transportation Committee. WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning approval for the construction of required public right-of-way within the Federal Way Village site based on the amended conditions as contained in Section 3 of this ordinance. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed amendments to the conditions of zoning approval will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Section 22-526, and based upon the Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria for adoption of the amendments to the conditions of zoning approval for the Village at Federal Way: A. The proposed amendments, as set forth in Section 3 below, would conform to the conditions of zoning approval by providing for construction of public right-of-way identical in design to that originally envisioned and consistent with the comprehensive plan because right-of-way segments will be constructed in phases consistent with the phasing of overall site development. B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, will allow development of the site in phases to better respond to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies and the Comprehensive Plan. Ord# , Page 3 File #08-1 02234-00-UP I Doc, J.D. 45651 C. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, are in the best interest of the residents of the City because they are consistent with, and substantially implement, the following comprehensive plan goal and policy by allowing development of the site in phases as a commercial/ residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image. LUP40 Encourage transformation of Pacific Highway (SR-99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Section 3. Conditions of Approval. The request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336lh Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), with approximately 19 acres to be designated Community Business (Be) and approximately 27 acres to be designated Multi- Family (RM 2400), shall be approved based on the following conditions, as amended: 1. Prior to construction of any new buildings, a single Master Plan for the entire Multi-Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEPA) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104-9069, 202104-9070, 202104-9001, 202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004. 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site-wide pedestrian connectivity. c. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and Ord# , Page 4 File #08-102234-00-UP I Doc, tD. 45651 public right-of-ways, except the Director of Community Development Services may approve one double- loaded parking row between a building and right-of-way due to extenuating circumstances. d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous smaller buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings. These anchors shall not exceed 140,000 square feet of gross floor area, excluding integrated structured parking. The maximum footprint of anyone anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a width to depth ratio of 1.25: I. f. Commercial mixed use buildings should not exceed 30,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5: 1. g. Commercial! residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 2:1. h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non- anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fa9ade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor, non-mixed use facades shall not exceed a width to depth ratio of2:1. 1. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. J. On-street parallel parking is encouraged where feasible. k. A minimum of five percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. Ord# , Page 5 File #08-102234-00-UP / Doc, 1.D, 45651 , , l. Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-of- way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. 13th Place South from South 336th Street to the south property line; b. South 340th Street from Pacific Highway South to the intersection of 13th Place South extended; c. A roadway connecting from South 336th Street through the residential area, connecting to 13th Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. &: Prior to occupancy of any residential building on the site, South 310th Street from Pacific Highway Sobtth to the intersection of 13th Place Smith extended, and the road',va)' \vithin the r-esidential area connecting to South 336th Street, shall be constructed to meet all applicable standards. Traffic calming dC'/ices such as speed humps, speed tables, traffic ciroles, chicanes, curb extensions, signs, pa'/ement markings, or other calming devioes as approved by the Public Works Director shall be incorporated within the residential road'Nay. Signal modifications at Pacific Highway South and South ~th Street imerseotion may be required to proyide safe access. Alternatiyely, the deye10per may construct the extension of 13th Place South from South 336th Street to its imersection with the proposed residential road as a traffic circle. This v/ould eliminate the need for the eonstruotion of South 310th Street from Pacific Highway South tEl the intersection of 13th Place South extended, and the segment of 13th Place South between South 310th Street ana the imerseetion of the r-esidemial road'Nay (traffic circle). a. Prior to occupancy of any residential building on lots 1-34. the segment of Roadway A from the southern lot line of Lot 34 northward to South 336th Street. as set forth in Exhibit A attached hereto. shall be constructed to meet all applicable standards. including a temporary cul-de-sac if necessary. Traffic calming devices such as speed humps. speed tables. traffic circles. chicanes. curb extensions. signs. pavement markings. or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. b. Prior to occupancy of any residential building on lots 35-95. South 340th Street from Pacific Highway South to the intersection of 13th Place South extended. and Road C from the intersection of 13th Ord# , Page 6 File #08-102234-00-UP I Doc, to, 45651 Place South extended westward to the intersection with Road. A. as set forth in Exhibit B attached hereto. shall be constructed to meet all applicable standards. In addition. the segment of Road A from the southern lot line of Lot 34 southward to the intersection with Road B shall be constructed to meet all applicable standards. including a temporary cul-de-sac if necessary. Traffic calming devices such as speed humps. speed tables. traffic circles. chicanes. curb extensions. signs. pavement markings. or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadways. Signal modifications at Pacific Highway South and South 340th Street intersection shall be required to provide safe access. t:r. Prior to occmpancy of any commercial building, 13111 Place South from South 336111 Street to the south property line, and South 310111 Street from Pacific Highvlay South to the iRterseetion of 13111 Place South extended, shall be constructed to all applicable standards. ,^.. nevI tfaffic signal (South 336111 Street & 13111 Plaee South) and/or signal modifications (Paoific Highv;ay South & South 310111 Street) may be required as determined through the SEP.^.. process. c. The Public Works Director shall review and approve the construction phasing for the required street infrastructure associated with the commercial phase of development. Improvements required include: 13th Place South. from South 336th Street to the south property line: South 340th Street. from Pacific Highwav to the intersection of 13th Place South extended (to all applicable standards): and modifications to the signal at the intersection of South 340th Street and Pacific Highwav South (SR 99). 4. All new public streets shall include traffic calming features. 5. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed, 6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from one location along South 336th Street and shall include a public roadway connecting through the residential area, across the existing berm of Wetland No.2, and connecting to 13th Place South extended. 7. No more than one anchor building, or a maximum of 80,000 square feet of commercial building area, may receive a Certificate of Occupancy on the site without the prior construction of a minimum of 75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Ord# , Page 7 File #08-102234-00-UP / Doc. I.D, 45651 Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including. but no limited to. the correction of scrivener/clerical errors. references. ordinance numbering. section/subsection numbers and any references thereto. Section ~ 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section & 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2008. day of CITY OF FEDERAL WAY Mayor, Jack Dovey ATTEST: City Clerk, Laura Hathaway ApPROVED AS TO FORM: City Attorney, Patricia A. 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'.'''7;s.-- -j,~,"__"4 is, ,-, , , -'\--"" , ot~~ : ~"b~ : ?o:>'O ,;ii;;:';.; .1 h..: . I .. ! I :C:;~;:i::,,~~:,.4<<~;."Jn,\ . ,. 7 ~ \ : :' ',<l'\... c'l> t__'~_~~l~: ~~-~..~-ti~~~:'t: ~ : ~"" '-----..,._.1 ~ ~\ ~~...\ ot~~ '?\ ~~ ~~ "'0, ~"""o ~') i;;..1.\, %, (\'I ~"" ~ I.\, \l\'!\, o -"t '('\l\\l\ \>' '?<$> 7.,. I~_ ._ I ,- -,- ~ j "I : ~ J : - -'--1 , , :\ STAFF REPORT TO THE PLANNING COMISSION DATED JUNE 4, 2008 (FOR JUNE 18, 2008 PUBLIC HEARING) MEMORANDUM " , .~. -~ June 4, 2008 TO: Merle Pfeifer, Chair, Federal Way Planning Commission FROM: Greg Fewins, Director of Community Development Services Isaac Conlen, Planning Manager Janet Shull, AICP, Senro~Planner ,~ SUBJECT: Request to Amend the Rezone Conditions for Federal Way Village (aka Kitts Corner)- Federal Way Files: 08-102234-00-UP, 05-10 1205-00-UP, & 05-10 1207 -OO-SE MEETING DATE: June 18,2008 I. BACKGROUND The Federal Way Village project is a proposed mixed-use development located at the southwest corner of the intersection of Pacific Highway South and South 336th Street. The project site is approximately 45 acres in size. The eastern half of the site, adjacent to Pacific Highway South, is designated Community Business (BC) and a mixed-use commercial, office, and residential development is proposed for this area. The western half of the site is designated Multifamily Residential (RM 2400) and a 95-lot, zero-lot line townhouse development is proposed for this portion of the site. The Federal Way Village (originally known as Kitts Corner) rezone 'request was originally submitted in April 1999. It was reviewed as part of the 2001 Comprehensive Plan Amendments. In November 200 I, the LUTC gave direction that a development agreement be prepared for the site. In September 2004, the applicant submitted an application for approval of a development agreement and associated plan. In March 2005, the City initiated a legislative comprehensive plan amendment and conditional rezone for the Kitts Corner site. The comprehensive plan amendment and conditional rezone were approved per Ordinance 05-490 on June 7, 2005, which outlined the conditions of approval (Exhibit ,I). On June 19,2007, Ordinance 07-556 was adopted which amended certain conditions of Ordinance 05-490 pertaining to commercial development within the BC-zoned portion of the overall site (Exhibit 2). On February 16,2008, the City of Federal Way SEPA Responsible Official issued a Mitigated Determination of Significance (MONS) for the Federal Way Village Project. On April 30, 2008, the City of Federal Way Hearing Examiner issued a recommendation of approval with conditions for a Process IV request for filling of two small wetlands and buffer averaging for two wetlands on the subject site. On April 30, 2008, the City of Federal Way Hearing Examiner issued a Recommendation of . Approval with Conditions for the Federal Way Village Preliminary Plat. At the time of this writing, the preliminary plat is scheduled for the June 17,2008, City Council meeting. "" , On May 5, 2008, the City of Federal Way received a letter from Jon Potter representing the Federal Way Village LLC, requesting that the City consider anwndments to the conditions established by Ordinance 05-490, as amended by Ordinance 07-556, to allow for the phased construction of required public right-of-way serving the overall Federal Way Village development. II. SUMMARY ,># File Number: 08-102234-00-A6 - Parcel Numbers, Owners, & Acreage: Table I Number Parcel No. Owner Acres 1 202104-9069 Kitts Comer LLC 1.03 acres 2 202104-9070 Campus Gateway Associates 21.79 acres 3 202104-9001 Jean Merlino 8,87 acres 4 202104-9090 Curtis & Elizabeth Nelson 0.52 acres 5 202104-9086 Horan RIE Investments Inc. 0.17 acres 6 202104-9080 Ralph Jones 1.5 acres 7 202104-9072 Chase WJ Trust 7.75 acres 8 202104-9004 Wayne R Knight 4.44 acres TOTAL 44.57 acres Location: South of South 336th Street and west of Pacific Highway South. Size: The overall site is 44.57 acres in size. Applicant: Jon Potter, representing Federal Way Village, LLC Request: To amend rezone conditions contained in Ordinance 07-556 (amending Ordinance 05-490) to allow for phased construction of required public right-of- way within the Federal Way Village site. Comprehensive Plan: Community Business and Multifamily Residential Existing Zoning: Community Business (Be) and Multifamily Residential (RM 2400, minimum 2400 square feetlot area per unit) with conditions as outlined in Ordinance 05- 490 and as amended by Ordinance 07-556. III. REASON FOR THE REQUEST As stated in the May 5, 2008, correspondence from the applicant, Jon Potter, amending conditions related to required roadways of Ordinance 05-490 (amended by Ordinance 07-556) would allow for the phasing of the infrastructure commensurate with the phasing of the townhouse and mixed Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234-OO-UP I Doc, LO. 45524 Page 2 ~.... use commercial development. As requested, the amendment would provide for greater flexibility in buildout of the site and response to changing real estate market conditions. The overall internal roadway requirements are not changed by the request, only the timing of cOhstrUction. IV. REASON FOR PLANNING COMMISSION ACTION F Federal Way City Code (FWCC) Chapter 22, Article IX, "Process VI Re.view," establishes a process and criteria for approving..a.nd amending legislative rezones. Consi~ with Process VI review, the role of the Planning Commission is as follows: I. To review and evaluate the request for amendments to the conditions of approval of the legislative rezone; 2. To determine whether the proposed amendments meet the criteria provided by FWCC Section 22-525; and, 3. To forward a recommendation to the City Council regarding adoption of the proposed amendments. V. PROCEDURAL SUMMARY June 18,2008 Planning Commission Public Hearing July 7,2008 Land Use Transportation Committee (LUTC) Public Meeting July 15, 2008 City Council First Reading of Ordinance August 5, 2008 City Council Second Reading of Ordinance VI. SITE CHARACTERISTICS 1. Neighborhood Characteristics The site is presently vacant, except for parcel 202014-9086 on which Horan Realty (a real estate office building) is located and parcel 202104-9090 (Nelson) on which an automotive business is operated. In addition, a City-controlled regional detention pond (South 336th Regional Stormwater Facility) is located on the western portion of parcel 202104-9004 (Knight). Uses to the north across South 336th Street are a mix of retail, office, church, and restaurants. To the south is vacant land. To the east across Pacific Highway South, moving from north to south, are small retail establishments, vacant property, a bank, Pacifica Park Office Building, and Canopy World. In addition, Walt's Automotive is located on the triangular piece of property between Pacific Highway South and 16th Avenue South. To the west, moving from north to south, are Mitchell Place (a senior housing development) and industrial uses, including Frito Lay. Request to Amend Rezone Conditions for Federal Way VilIage Planning Commission Memorandum File #08-102234-OO-UP I Doc. 1.0. 45524 Page 3 2. Availability of Utilities ,... . ~.~ ~ Sanitary Sewer: Located within the Lakehaven Utility District. Sewer facilities will need to be extended to serve the site. There is adequate sewer capacity at this time. Public Water: Located within the Lakehaven Utility District. Water facilities will need to be extended to serve the site. There is adequate water capacity at this time. .~ " Storm Drainage: Site is located in the West Hylebos Creek Sub-Basin:--melopment on the site will be permitted to tie into the South 336th Regional Stormwater Facility. 3. Availability of Public Services Police: Provided by City of Federal Way Schools: Provided by Federal Way School District Fire/Emergency Medical: Provided by South King Fire and Rescue 4. Critical Areas A Class II Wetland is located on the west central portions of parcel 202104-9070 (Campus Gateway) and parcel 202104-9001 (Merlino), and on the northern portion of parcel 202104- 9072 (Chase NW Trust). A branch of the Hylebos Stream flows southwards through the wetlands. Class II Wetlands have 100-foot setbacks, The on-site stream also has a 100-foot buffer. The stream buffer is either contained within the existing wetland buffers or flows through the regional detention pond located on the western portion of parcel 202104-9004 (Knight). There are also two smaller wetlands located on the Campus Gateway and Merlino parcels. The City entered into a June 17, 1996, Settlement Agreement and Covenant with the property owners that stated that once all permit fees were paid and the development application was in compliance with all applicable laws and codes, these smaller parcels could be filled because mitigation for their filling was already built into the mitigation plan for the overall project and construction of the South 336th Regional Stormwater Detention Facility. The applicant has been granted Process IV Hearing Examiner Approval (April 30, 2008, Hearing Examiner Decision) for the filling of Wetlands 3 and 4 and for buffer averaging of Wetlands 1 and 2 to accommodate infrastructure, lot development, and open space trail network associated with the Federal Way Village project. 5. Drainage The site is located in the West Hylebos Creek Sub-Basin. Since more than 5,000 square feet of impervious surfaces would be created with development of the site, surface water runoff and treatment would be required per the 1998 King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWD, and any conditions stipulated in the settlement agreement and covenant entered into between the City and the property owners. The site falls within a Level I Flow Control Area; thus, the applicant must design the flow control facility to meet these performance criteria. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-I02234-00-UP I Doc, 1.0. 45524 Page 4 6. Access :-- , Proposed access to the site istrom South 336th Street, a priifcipal arteria110cated to the north of the site, and Pacific Highway South, also a principal arterial, located to the east. € As part of the development oftbe site, 13th Place South will be extended southward from South 336th Street through the site and South 340tb Street will be extended westward from Pacific Highway South through the site. An east/west access to the prO"posed.commercial mixed use portion of the site is':also required between South 336th and ~ 340th Streets. A north/south roadway (Roadway A) is required to serve the zero-lot line townhouse development on the eastern half of the site, and this roadway will connect with the South 340th Street extension through the commercial portion of the site to Pacific Highway South. 7. Potential Traffic Impacts Traffic impacts for the Federal Way Village development were analyzed in the applicant's Traffic Impact Analysis report and were reviewed by Public Works staff. A Mitigated Determination of Non significance (MDNS) was issued in February 2008 that establishes specific conditions of development to address the identified traffic impacts. The conditions of the MDNS address the potential phasing of right-of-way construction that is being proposed by the applicant, VII. PROPOSED AMENDMENTS TO THE REZONE CONDITIONS The following are those rezone conditions related to construction of public roadways within the Federal Way Village site. The changes related to the applicant's requested amendments are shown as strikeout (proposed deletions) and underline (proposed additions) (Exhibit 4). 3. Development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a, 13th Place South from South 336th Street to the south property line; b. South 340th Street from Pacific Highway South to the intersection of 13th Place South extended; c. A roadway connecting from South 336th Street through the residential area, connecting to 13th Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. &,- Prior to oeeupaney of any resideRtiat building on the site, South 3401h Street from Paeifie HigW.'f'aj' South to the iaterseetion of 131h Plaee South exteaaed, 8:Rd the readv.'ay '."Iithin the residential area eoRtleeting to South 33 61h Street, shall be eoastrneted to meet all aw1ieal:>le standards. Traffie ealmiag deviees sueh as speed humps, speed tables, tmffie eireles, ehieanes, curb eKteasions, signs, pavement markiflgs, or other ealming deyiees as appr-e'\.'ed by the Publie Works Director shall be iacorporated within the resideRtial readv.'ay. Signal modificatiofls at Paeifie Highwa-y South and South 3401h Street intersection may be required to provide safe access. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234..oo-UP I Doc, lO, 45524 Page 5 ,... . Alternatively, the de'lwoper may eonstruct the exte.Q:Sion of 13th pIa-eo So\:lth from Solita 33(i1lt Stroot to its interseetion with the proposed residential road as a traffie eirele. This would eliminate the aoed for the eonstnlction of South 31011t Streot from Paeifie Highway SOllth to the interseetioa of I 3 lit Place South eKteRded, and the segmeRt of 1311t Pla-ee Somh between South 31011t Street and the interseetien oftRe residential roadway (tFaffie eircle). a. Prior to occupancy of any residential building on lots 1-34. tlw segment of Roadway A from the southern lot line of Lot34 northward to South 336th Street::"':ls set forth in Exhibit A attached hereto. shall be constructed to meet all applicable standards. inchi_ a temporary cul- de-sac if necessary. Traffic calming devices such as speed humps. speed tables. traffic circles. chicanes. curb extensions. signs. pavement markings. or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. b. Prior to occHpaacy of aa)' eommercial building, 1311t Plaee SOllth from South 33(i1lt Street to the south property line, and South 310th Street from Paeifie Highway Sooth to the intersection of 1311t Place SOllth extended, shall be constructed to all applicable staRdams. .^. Rew traffic signal (South 33611t Street & 1311t Place South) an9/or signal modifieations (Paeific Higlnvay South & South 310tlt Street) may be required as determined through the SEPA pfoeess. b. Prior to occupancy of any residential building on lots 35-95. South 340th Street from Pacific Highway South to the intersection of 13th Place South extended. and Road C from the intersection of 13th Place South extended westward to the intersection with Road. A. as set forth in Exhibit B attached hereto. shall be constructed to meet all applicable standards. In addition. the segment of Road A from the southern lot line of Lot 34 southward to the intersection with Road B. as set forth in Exhibit B attached hereto. shall be constructed to meet all applicable standards, including a temporary cul-de-sac if necessary. Traffic calming: devices such as speed humps, speed tables. traffic circles. chicanes. curb extensions. signs. pavement markings, or other calming: devices as approved by the Public Works Director shall be incorporated within the residential roadways. Signal modifications at Pacific Hi~hway South and South 340th Street intersection shall be required to provide safe access. c. The Public Works Director shall review and approve the construction phasing for the required street infrastructure associated with the commercial phase of development. Improvements required include: 13th Place South from South 336th Street to the south property line; South 340th Street from Pacific Highway to the intersection of 13th Place South extended (to all applicable standards); and modifications to the signal at the intersection of South 340th Street and Pacific Highway South (SR 99). .# VIII. ST AFF ANALYSIS AND FINDINGS l. The proposed amendments to the conditions outlined in Ordinance 07-556 (amending Ordinance 05-490) relating to required roadway construction would affect the phasing of construction only. The proposed amendments will not result in changes to the design or overall buildout of the required public roadway network. 2, Adoption of the proposed amendments to Ordinance 07-556 will permit development of the master plan in phases, which will allow the applicant to better respond to changes in local real estate market conditions. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234-OO-UP I Doc. !.D. 45524 Page 6 ,... , 3. The intent of the original rezone conditions as outlined in Ordinance 05-490 was to develop an internal roadway networktnat would be adequate to serve the anticipatedouildout of the entire site per the proposed master plan. The phasing of construction of the required public roadway network as proposed by the amendments would still meet the intent of the original conditions. ,# IX. COMPLIANCE WITH FWCC SECTION 22-526 Criteria for approving a legislative rezone: The City may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan. The proposal changes only relate to the phasing of roadway development. The design and buildout of the required network is consistent with the comprehensive plan transportation element. (2) The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendments bear a substantial relationship to public health, safety, or welfare because they comply with the vision of the comprehensive plan by: . Being more responsive to fluctuating real estate market conditions by allowing construction of the master plan in a series of more economically- feasible phases where infrastructure costs of the project can be spread out more equitably. Without the proposed amendment, the frrst phases of development will need to support the majority of the roadway construction costs for the overall project. (3) The proposed amendment is in the best interest of the residents of the city. The proposed amendments are in the best interest of the residents of the City because they comply with the following comprehensive plan goal and policy by proposing commerciaV residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image. LUP39 Encourage transformation of Pacific Highway (SR-99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-1 02234..()()-UP I Doc, I.D, 45524 Page 7 ~- ~ x. STAFF RECOMMENDATION Staff recommends approval of the amendments to the conditions of the legislative rezone as requested by the applicant and shown in Exhibit 4 and Section VII of this staff report. ,~ XI. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed amendments to the conditions of the legislative rezone: I Recommend to City Council adoption of the amendments as proposed; 2, Recommend to City Council that the proposed amendments not be adopted; 3. Forward the proposed amendments to City Council without a recommendation; or 4. Modify the proposed amendments and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit I Exhibit 2 Exhibit 3 Exhibit 4 Adopted Ordinance 05-490 Adopted Ordinance 07-556, which Amended Ordinance 05-490 May 5, 2008, Correspondence from Jon Potter Draft Ordinance with Applicant's Requested Amendments Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234-OO-UP I Doc. J.D. 45524 Page 8 ORDINANCE NO. 05490 "'" , ~-.. ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN COMPREHENSIVE PLAN DESIGNA TlON AND ZONING OF APPROXIMATELY 46 ACRES LOCATED SOUTH OF SOUTH 336TH STREET AND WEST OF PACIFIC HIGHWAY SOUTH FROM BUSINESS PARK (BP) TO COMMUNrQ:.BlJSIN~S {BC) AND MUL TI-F AMIL Y (BM 24(0), BASED ON SPECII<'IC CONQ)IlONS (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96.270, 98-330,00-372,01405,03- 442, 04-460, 04-461, 04-462). ,~ WHEREAS, the Growth Management Act of 1990. as amended, (Chapter 36.10A RCW or "GMA") requiTes the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), bousing element, capital facilities plan element, utilities element, and tranliportalion clement (including transportation system map[sJ); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map unplementing the Plan on July 2. 1996; and subsequently amended the comprehensive plan, land use map. and zoning map on December 23,1998, September 14,2000, November I, 2001, March 21, 2003, and July 20,2004; and WHEREAS. the City may consider Plan and development regulation amendments pursuant to Article IX. Chapter 22 of the Federal Way City Code (FWCC); and WHEREAS, under RCW 36.70A 130, the Plan and development regulations are subject to continuing review and evaluation. but the Plan may be amended no more than one time per year; and WHEREAS. tbe Council shall be considering three sepamte actions to amend the comprehensive plan, all of which will be acted upon simultaneously in order to comply with RCW 36. 70A.130; and WHEREAS. these actions include Ordinance No, 05-492, amendments to Chapter 5. "Housing," of the Federal Way Comprehensive Plan; and ORD #05-4'JO. P^GE t ORt GINAL EXHIBIT____~ >-- , ,';;-- WHEREAS. these actions include Ordinance No. 05-491. approving a change in comprehensive plan designation and zoning of 4.03 acres located north of South J 12lh Street and east of L.t A venue South trom Professional Office (PO) to Neighborho<.xl Business (BN). based on specitic cOllditioll~ as containcd in Ordinance No. 05,491; and ____ WHEREAS. these actions include Ordinance No. 05-490. approving a change in comprehensivc plan designation and zoning of approximately 46 acres located south of South 3361h Street and west of Pacific Highway South from BUsine.~s Park (BP) to Community Business (BC) and Multi-Family (RM 2400). based on specific conditions as contained in Ordinance No. 05-490; and WI IEREAS. as a result of this actiun. approximately 19 acres east of a dividing line would be dl..-signated Community Business (BC) and approximately 27 acres west of a dividing line would be designated Multi- Family (RM 2400); the dividing line described as a line extending southwards from the South 336'h Street right-of-way, said line which follows the ca"tern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No, 9704211043 (0 a point approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13th Place South extended right-or-way to the south property line of Parcel No. 202104-9004; and WHEREAS, in April 1999, the City of Federal Way accepted a request from four property owners (Campus Gateway. Merlino. Cha'ie WN Trust, and Wright) to change the comprehensive plan and zoning of approximately 42 acres located south of South 336u, Street and west of Pacific Highway South. thereafter known as the Kitts Comer request; and WHEREAS, in June 1999, the City Council determined that the request should be analyzed further and added the Kitts Corner LLC. Nelson. Carson. Jones, and Slisco parcels to (he Campus Gatcway, Merlino, Chase WNTrust, and Wright properties for a Mal of 46.12 acres; and WHEREAS. in JuLy 2001, the City's SEPA Responsible Official issued a Detelmination of Nonsignificance on the 2001 comprehensive plan amendment,;, which included Kitt.. Corner; and ORO #05490. PAGE 2 "" . .~---~ WHEREAS, in August 200 I, the applicant withdrew the request for a Multi,FamiJy comprehensive plan designation and RM zoning for the area west of the on-site wetland (Wetland NO.2 as shown in the Settlement A!,'Teement and Covenant recorded under Recording No, 9704211043); and ~ WHEREAS, in September 200 I, the.applicantsubmitted a new application lor a co~hensive plan designation of Multi-Family and zoning of RM 2400 for the area west of Wetland No.2; and WHEREAS, in November 2001, the City of Federal Way's Land UselTransportatiun Commiuee gave direction that a development agreement and development plan be prepared for Kitts Comer, east or Wetland No.2; and WHEREAS, to March 2003, per Ordinance No, 03-442, the City of Federal Way Hdopted a comprehensive plan designation and zoning of Muhi-Family and RM 2400 for the area west of Wetland No.2, based on it being included in the overall Kitts Comer development agreement and development plan; and WHEREAS, in September 2004, the applicant submiued an application for approval of a development ahrreement and development plan for Kitts Comer: and WHEREAS, in Mareh 2005, a SEPA Addendum was issued for Kitts Corner: and WHEREAS, in March 2005, the City informed the applicant that they were initiating a legislative comprehensive plan amendment and conditional rezone; and WHEREAS, the proposed Kitts Corner legislative comprehensive plan amendments and conditional rezone address aU of the goals and requirements set forth in the GM A; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written cumments, and material from the public, as follows: I. On September 19.2001. the City's Planning Commission considered the Kitts Comer request for a comprehensive plan designation of Community Bw;incss and zoning of BC, based on a development agreement fQC the area east of Wetland No.2; OItD #05,490, P^GE J ~, ~.c_~ F 2. On November 6 and November 20. 2002, the City's Planning COllunission considered the Kitts Comer request for a comprehensive plan designation of Multi-Family and zoning of RM 2400 for the area west of Wetland No.2. based on its inclusion in the development agreement and development plan to be prepared for the ~itc; 3, On May 2. 2005, the Land Usdrransponation Committee of the Federal ~ity Council considered the request to change the comprehensive plan ~ignation and zoning of approximately 46 acres located south of South 336'" Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 18 acres located east of the 13th Place South extended right-of-way to be designated Community Business (BC) and approximately 28 acres located west of the 13'" Place South extended right-of- way to be designated Multi-Family (RM 2400), based on conditions recommended by staff. following which it recommended adoption of the staff recommendations; 4. On May 17. 20()5. the full City Council considered the request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336"' Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), At that time based on a request by -the applicant, the Council consideroo a modified request to allow approximately 19 acres located east of a line extending southwm.ds from thc South 336m Street right-of-way. said line following the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 35 I feet north of the south property line of Parcel No. 202104-9004. at which point said line follows the middle of the 13th Place South ex.tended right-of-way to the south property line of Parcel No. 202104-9004 to be desib'TIatcd Community Business (BC) and approximately 27 acres located west of this line to be designated Multi-Family (RM 2400); and 5. On June 7. 2005, the full City Council again considered the matter at its meeting; and WHEREAS, the City Council desires to approve the change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336lb Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 24(0). based on speci fie condi tions as contained in Section 2 of this ordinance, Now, THEREFORE, the City Council of the City of Federal Way. Washington, does hereby ordain as follows: OKD #05-490. PACE 4 Section I. Fi.nding~, ~ - .~.'.~ A. The proposed amendments to the Ct,mpn.:hensivc plan map. a~ set forth in Exhibit ^ attached hereto, to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336fh Street and west of Pacific Highway SOllth from Business Park (BP) to Conununity Business (BC) ,~ and Multi-Family (RM 2400). based ont;9Pditionsof approval set forth in Section 2 .bdQw will allow, development of the site in response to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity. and therefore bears a substantial relationship to public health. safety, and welfare; are in the best interest of the residents of the City; and arc consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion {If the Plan. B. The proposed amendments to the comprehensive plan m.tp. a'i sct tiJrth in Exhibit ^ attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes. or wetlands. or the physical environment in general. They will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections. and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. They therefore hear a substantial relationship to public health, safety. and welfare; are in the best interest of the residents of the City; and are consistent with the requirement,; of RCW 36,70A. the King County CountyWide Planning Policies, and the unamended portion of the Plan, C. The proposed amendments to the Zoning Map. set forth in Exhibit B attached hereto. are consistent with the applicable provisions of the comprehensive plall and Ule comprehensive plan land use map proposed to be amended in Section J helow. bear a substantial relation to public health. safety, and welfare, and are in the best interest of the residents of the City, Section 2. Conditions of Approval. The request to change the comprehensive plan designation and zoning of app~oximately 46 acres located south of South 336'h Street and west of Pacific Highway South from ORD #05,490, P"GF. 5 ",", F Business Park (BI") to Community BusinessiB~) and Multi-Family (RM 24~). with appro~mat~ly 19 acres to be desih'llated Community Business (Be) and approximately 27 acres tube designated Multi-Family (RM 24(0). shall be approved based on the followiflg conditions: 1. Prior to construction of any new buildings, a single Master Plan far the entire Multi- - - Family (RM 24(0) and Community Busincss-{'BC) zoned site shall be submitted to and app~ by the City, Application for critical area intrusions as applicable is also required in conjunction with master plan review, A project action State Environmental Policy Act (SEPA) review shall also be conducted in conjunction with master plan and critical area review, Subsequent to Master Plan approval. building design and minor moditications to the site plan shall be reviewed via a Process n. Site Plan Review. For the purposes uf the Master Plan, the subject site is comprised of the following parcels: 202104-9069, 202104-9070.202104-900 I, 202104-9090,202104-9086,202104-9080.202104-9072. and 202104-9004, 2. Thc Master Plan shall be developed with a cohesive and IIltegrated design that promotes the following: a. Pedestrian scale. and pedestrian orientation and massing of buildings. b. Site-wide pedestrian connectivity. c. Building massing shaH be designed to avoid large expanses of parking areas adjacent to andlor visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways. except the Director of Community Development Services may approve one double- loaded parking row between a building and right-of-way due to extenuating circumstances, d, The appearance of strip commercial development shall be minimized by hreaking large linear buildings into numerous smaller huildings, e, The commercial portion of the site may include a maximum of two primary anchor buildings, TIle individual anchor buildings are permitted a max.imum SO,OOO square feet of building footprint. and the total gross floor area of alt anchors shall not exceed 100,000 square feet of gross noor area. Anchor facades shall not exceed a width to depth ratio of 1.5: I. f. Non-anchor buildings should not exceed 10,000 square feet of building footprint. The Director of COlTununity Development Services may approve a maximum of two. non-anchor buildings in excess of IO,(K)() square feel of building footprint, up to a maximum of 20,000 square feet of building footprint each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. ORD #05,490, P^GE (, "" , (ii) The t:'lcades of the structure include significant structuml modulation equal to at leasl ten percellt of the length of the subject fa~aae-. (iii) The overall design of the building is consistem with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor facades shall not exceed a width to depth ratio of 2: I. _ g. Primary commercialJ;luilding entries shall be clearly visible and"'A!cognizaole from the ;.... . -~ public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening. plazas, or art features such as trellises, artwork, murals, landscaping, or combinations thereof. shall be rcquired fronting the right-of-way. h, On-street paraUel parking is encouraged where feasible. \. A minimum of five percent of the gross land area of the commerciaJ portion of the site shall be pedestrian-oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian-oriented gathering locationt> distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting. water features. and outdoor dining, J. Vehicular service stations arc not permitted, fuel pump stations are only permitted wl:1cn accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public Jighl- of-way, and shall not exceed two fuel islanlh with a total of up to eight vehicular fueling positions, 3. Development of the site shall include design. con:otruction. and dedication of the following public 1Th1dways in accordance with appropriate rwcc street sections: a, 13lh Place South from South 336,h Street to the south property line; b, South 340111 Street from Pacific Highway Somh to the intersection of 131h PlaccSoulh ,~ extended ; c. A roadway connecting from South 336th Street through the residential area, connecting to 13dl Place South extended, These public roadways arc necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEPA process and will be applied to any proposed project in the future. a, ' Prior to occupancy of any residential building 011 the site. South 340111 Street from Pacific Highway South to the intersection of 13th Place South extended, and the roadway within the residential area connecting to South 3361h Street. shall be constructed to meet all applicable slandardli_ Trattlc calming OKU #05-490, P ACl 7 ,.,. , devices such as speed humps. speed tables. kaffic circles. chicanes, curb exteru;iuns" sign:;, pa'iemeAt markings. or oilier calming devices as approved by the Public Wurks Direcwr shall bc incorporated within the residential roadway, Signal modifications at Pacific Highway South and South 340rb Street intersection may be required to provide safe access, Alternatively, the developer may construct the extension of I 3d> Place S..2,.uth from,South :n6d. Street to it" intersection with the proposed residential road as a traffic circle. This would elill'1'trr.ife the need for the construction of South 340tk Street from Pacific Highway South to the intersection of 13111 Place South extended. and the segment of 13th Place South between Souili 340'" Stn.-et and the intersection of the residential roadway (tmftic circle), b, Prior to occupancy of any commercial building, 13'" Plaee South from South 336'h Street to the south property line, and South 340th Street from Pacific Highway South to the intersection of 131h Place South extended, shall be constructed to all applicable standards. A new traffic signal (Suuth 336d. Street & 131h Place South) andlor signal modification:; (Pacific Highway South & South 340th Street) may be required as determined through the SEPA process. 4. All new public street" shall include traffic calming features, 5, Uses other than multi-unit housing and day care facilities iliat are othcn'iisc pennitted in the RM zone are not allowed. ,#?, 6. The multi-family portion of the site, west of Wetland No, 2, shall be accessed from one location along South 3361k Street and shall include a public roadway connecting through the residential area. across the existing berm of Wetland No.2, and connecting to 13'" Place South extended. 7. No more than one anchor building, or a maximum of 75.000 square feet of commercial build ing area, may receive a Certificate of Occupancy on the site without the prior eonso'uction or a minimum of 75 residential units. 8, The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 3, Comprehensive Plan Amendment') Adoption. The 1995 City (J( FederaL Way Comprehensive Plan, as thereafter amended in 1998, 2000.200 I. 2003. and 2004, copies of which are on file with the Office of the City Clerk, hereby arc and shall be amended as set forth in Exhibit A attached hereto. Section 4, Amendment Authority, The adoption of Plan amendments in Section 3 abovc is pursuant to the authority granted by Chapters 36.70A and 35A63 RCW, and pursuant to FWCC Section 22-541, ORo#05,490. PAGE~ invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereofto any person or circumstance. shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Savings Clause. The /995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003, and 2004 shall remain i.n force and effect untihhe amendments thereto become operative upon the effective date of this ordinance. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this or~ce is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this June .2005. 7th day of CfIY~ WAY ," ~~ M~;:, Dean McColgan , ,ec- APPROVED AS TO FORM: ~~~ City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBUSHED: . EFFECTIVE DATE: ORDINANCE No: 5/31/2005 6/7 /2005 6/11/2005 6/16/2005 05-490 1:\2004 Comprehensive PIan\2004 Update\City Council\2nd Reading of Ordinance\Kitts Comer Adoption Ordinance.docISI3lI2OOS 3:31 PM ORD# 05-490 . PAGE 9 EXHIBIT A TO ADOPTION ORDINANCE fa' == ! CD i u.. "Og> ~.2 .- 0 ON ~ ~ = CI) ~ o m Q) c CIl 'tl ~ li "0 ! i }D~ ..... rn (I) ~ .. O"CI) (I) C (I) a: .. '==00 (/,);;::0 ~'o II) 0(1)= 00..- C\I (/.) ~ - fa .. :'. ii :II::: :>.. c.:t i'i I; eIIjllCl)~ 0..0 .. ell. ~r;; .~~ ,.1 :-. I. '= !. Q) IE ~ 'E ::JCI)~ ~CJ?__, ~, ,8m .!!!.. en.. i .. ~~!€ .. 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III i.;lqai I ;oS A. :;'< lit JrJ" .!! alii .I c.:i ::: = - t~ ;:CL 'i! .~ CD rn "C: CD CI) IL.I:: o~ ~E ._ 0 (JO >:: ~ :J (/) J ~ D.. 0 ~ I ~ ~ G) '! ~ E ,!!J -g 8 ~ tD~ ...J ~ .;..: m ::::l ~ C"ep Q) C Q) a: ... ;t:: 0 00 00:+= oq- 13 1!1 g 8.:e C\I 00 ~ . I I I ~ ~ CD - Q) -5 e l,) t:~ !fvili ~ !Xl bli!: c: ,;: Jet!~~~ CI),g~b~'" t:l;EC:Sl!. 1~8;Sbg Q.~O!'tS~~ e ~:;,,,,~e~ 8t:"'!3.c8:o .. ~cfl:Q~~~ <:jz ", ' ',5IloVNUI, ,/.. .J!it .. ... .- A. ! I: .. .II ~ . ~ 10 1l oLL. ~ o In N C) .~ :I = I., J~"I i ~~ ~ ' ~1 f~lli ~! Is! ~!t 'E!j&!JI~~ ~2.,~i'ti 0.2 ~ :5 ~(') or: , "$~ cl:Ji'i~~ I ii- 1WC'\Ilu- ~.i Ed:5l! '6!,2 8'xz'OIf c=..eo-jI ~il"-~~il'O I :"':::!~cfE~ ~3io '~'SJl~1 ;t; :!58-j '" 1 ; i ~ ij!15. ! ~tJ)~c~ 8. ~ ~..,_'!!.:.ell) n:6 0 F ,- u..._ VI Q('t)iQ)~=::Q) 11~~ I!!~ 5'l:;= ~ en.D;Pel> .. a..2 ORDINANCE NO. Ol-SSe., '" AN ORDINANCE OF THE CITY COUNCIL OF THE CITV-OF FEDERAL WAY. WASHINGTON, ADOPTING AMENDMENTS TO ORDINANCE 05-490 RELATING TO THE CONDITIONS OF ZONING APPROVAL FOR KITTS CORNER (AMENDING ORDINANCE NO'S. 90-43,95-248,96-270,98-330,00- 372,01-405,03-442,04-460,04-461,04-462,05-490, 05-491, 05-492~ ~ ~ WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use ~), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27, 2003, July 20,2004 and June 16, 2005; and WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336m Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based on specific conditions as contained in said ordinance; and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Community Business (BC) and approximately 27 acres .west of a dividing line would be designated Multi- . Family (RM 2400); the dividing line described as a line extending southwards from the South 3361h Street right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north ORD # 07-~ , PAGE I EXHIBIT__ J; of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the I3lh 0--. . .~c._ Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of ,~ zoning approval of the approximately 19 acres of that portion of site zoned Communit}' Business; and WHEREAS, in July 2001, the CitY's SEPA Responsible Official issued a-rfetermination of Nonsignificance on the 200 I compreheIJsive plan amendments, which included Kitts Comer; and WHEREAS, in March 2005, a SEP A Addendum was issued for Ki,tts Comer now known as the Village at Federal Way; and WHEREAS, the applicant has submitted an application for a Master Plan for the site; and WHEREAS, any potential impacts associated with the amendments to the conditions of zoning approval would be analyzed through the SEP A process for the Master Plan; WHEREAS, the City of Federal Way, through its staff, Planning Conunission, City Council conunittees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. On May 2,2007, the City's Planning Commission considered the request for a change in the conditions of zoning approval for the 19 BC-zoned parcels located east of Wetland No.2; 2. On May 21,2007, the Land Useffransportation Committee of the Federal Way City Council considered the request, based on conditions recommended by the Planning Commission, following which it recommended adoption of the Planning Commission's recommendations with one amendment to require the anchor facades to not exceed a width to depth ratio of 1.25: 1; 3. On June 5, 2007, the full City Council considered the request for a change in the conditions of zoning approval for the 19 BC-zoned parcels located east of Wetland No.2 at which time it adopted the Planning Commission's recommendation as amended by the LandlUse Transportation Committee.; WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning approval for the 19 BC-zoned parcels located east of Wetland No.2, based on the amende~ conditions as contained in Section 2 of this ordinance, OM # 07-$(,. . PAGE 2 NOw, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as ,.. . follows: '~'.. Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way '€ finds that the proposed amendments to the conditions of zoning approval will protect ~nd will not adversely affect the public health, safety, or welfare. ' .,_:' Section 2. Conclusions. Pursuant to FWCC Section 22-526, and based upon the Findings set ,forth in Section I, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria for adoption of the amendments to the conditions of zoning approval for the Village at Federal Way: A. The proposed amendments, as set forth in Section J below, would conform to the conditions of zoning approval by providing development that is similar in design to that originally envisioned and are consistent with the comprehensive plan because they will facilitate convenient res'identially scaled shopping for residential areas and housing in the City's commercial areas, B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, will allow development of the site in response to market conditions and the Council's vision for development ofthe site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the Comprehensive Plan. C. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, are in the best interest of the residents of the City because they are consistent with, and substantially implement, t~e following comprehensive plan goal and policy by allowing development of the site as a commerciaV residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image, ORO # til-ss (p ,PAGE 3 ,... , LUP39 Encourage transfOfmation of Pacific Highway (5&.-99) Community-Business corridor into a quality mixed-use retail area, Retail development along the corridor, exclusive of the City Center. should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. ,~ Section 3. Conditions of Approval. "The request to change the comprehensive plan 'aesignation and zoning of approximately 46 acres located south of South 336111 Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 19 acres to be designated Community Business (Be) and approximately 27 acres to be designated Multi-Family (RM 2400). shall be approved based on the following conditions, as amended: I. Prior to construction of any new buildings, a single Master Plan for the entire Multi- Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City, Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEP A) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process II, Site Plan Review, For the purposes of the Master Plan, the subject site is comprised ofthe following parcels: 202104-9069,202104-9070,202104-900 I, 202104-9090,202104-9086,202104-9080,202104-9072, and 202104-9004. 2. The Master Plan shaH be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings, b. Site-wide pedestrian connectivity. c, Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways, On-site parking shall not be allowed between buildings and public right-of-ways, except the Director of Community Development Services may approve one double- loaded parking row between a building and right-of-way due to extenuating circumstances, d. The appearance of strip commercial development shall be minimized by breaking large linear ~>uiIdings into numerous smaller buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings. The indi ':idool aRsaor buildings are permitted a maximum 50,000 square feet onll:lildiAg foO~riAt, ORD # 07- SS~ . PAGE 4 "- . ,~ and th:e tetal gross floor area of all anchors shall not eKceed 100,000 square feet of gross fleer area, These anchors shall not exceed 140.000 square feeLar grOSS floor area, excluding integrated stnlctured parking. The maximum footprint of any one anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a width to depth ratio of ~ 1,25: I. f. ~IeR aRshor InlildiRgs sRauld not exoeed 19,000 sqaar-e feet of Building feotprial Commercial mixed use buildings should not exceed 30.000 square feet of buildiM. footprint (excluding integrated structured parking) and shall not ~xceed a width to depth ratio of 1.5: L g. Commerciall residential mixed use buildinl!S should not exceed 12,000 square feet of buildin2 footorint (excluding integrated structured parking) and shall not exceed a width to depth ratio of2: L h. Non-anchor. non-mixed use buildings should not exceed 10.000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non- anchor. non-mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs ofa specific tenant. (ii) The facades ofthe structure include significant structural modulation equal to at least ten percent of the length of the subject facrade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site, (iv) Non-anchor. non-mixed use facades shall not exceed a width to depth ratio of 2: I. g,. k Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trelli.ses, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. h:-l On-street parallel parking is encouraged where feasible. to k. A minimum oftive percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shaH include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. f.l Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant Any approved fuel pump station shan not be oriented to the public right- ORD utJ7 - SQ.. , PAGE 5 " , of-way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions. 3. Development of th~ site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. ' 13th Place South from South 3361h Street to the south property line; b. South 340lh Street from Pacific Highway South to the intersc::tion of l~tb Place South ,,~ extended; , c, A roadway connecting from South 3361h Street through the residential area, connecting to 131h Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. a. Prior to occupancy of any residential building on the site, South 340m Street from Pacific Highway South to the intersection of 131h Place South extended, and the roadway within the residential area connecting to South 336111 Street, shall be constructed to meet all applicable standards. Traffic calming devices such as speed humps, speed tables, traffic circles, ch~canes, curb extensions, signs, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. Signal modifications at Pacific Highway South and South 340dl Street intersection may be required to provide safe access. Alternatively, the developer may construct the' extension of 131h Place South from South 33611I Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for the const~ction of South 3401h Street from Pacific Highway South to the intersection of 13'" Place South extended, and the segment of 13th Place South between South 340tb Street and the intersection of the residential roadway (traffic circle). . b. Prior to occupancy of a,ny commercial building, 131h Place South from South 336'" Street to the south property line, and South 340'" Street from Pacific Highway South to the intersection of 13th Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336tb Street & 1311. Place South) and/or signal modifications (Pacific Highway South & South 340m Street) may be required as determined through the SEP A process. 4. AU new public streets shall include traffic calming features. 5. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed. DROll 07""55(,. PAGE 6 '- , 6. The multi-family portion of the site, west of Wetland No.2. shall be accessed from one location along South 33611. Street and shall include a public roadway connecting thrDugh-the residential area, across the existing berm of Wetland No.2, and connecting to 13th Place South extended. 7. No more than one anchor building, or a maximum of~ 80.000 square feet of commercial building are~ may recei ve a Certificate of Occupancy on the site without th~ prior construction of a minimum of75 residential units. 8, The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 4, Severabilitv. The provisions of this ordinance are declared separate and severable. The .~ invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5, Ratification. Any act consistent with the authority and.prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. , PASSED by the City Council of the City of Federal Way this I" iL- day of ~ L ~ , 2007, CITY OF FEDERA: ~ ~/U~ Mayor, Michael &" ~ ApPROVED AS TO FORM: i~a. ~~ City Attorney, Patricia A. Richardson ORO #07",sSr;" PAGE 7 "- FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: OSbS/o7 86/17.h7 cf')6/~~7 o/~7 07 ~.f>~ ,# 1;\KitlS Comer\City Council\Revised Adoption Ordinance,docl6l712007 ORD# . PAGE 8 [(~/~l~oo~'iJ.~~et~h@:F.il~Q(j~Ip~:':':.'~~=,,':':.':.~.., ' ,~,'--,'^,-"~.' ,. ',_~",.,,'~'-,~ "."',__','_"'-'~._.. "'^"n._"'_~""',,'''''' ""'~~g~'1 Federal Way Village, LLC "."...... .~ May 5.2008 Janet ShUll # CommunityDevelO~t1l~ntSetVi<res ~ent City ofF~eral'Wa,YGity,~ 33325 8th~ventlt}~()~. ... ',., Federal Way,Waslilitgtotl9-8Q63 Re: Federal Way V.illlme.- Amendments to Otdinan~No. 05490 Dear Janet: We are requestingtwoamendment5 to Ordinance No. 05490 ~t~~with conditions the Comprehensive Plan and Zoning ,Maps pertaining to the proposed Pederal WayVtllage. We request amendments to two of those conditions; <<Section 2, 3~, C., a ('~9rto OCC1.lpancy of any residential building on ,the site, South 340th Street from P~ifioHighway S~utl)f(rtbeintersection of 13th Place South eXteiided,an4 tbe roadway within theicCsiacmtiitlareaOOIU)~tutgtoSbuth 336th Street. shall be coDsinrotedto meet all applicable stan,' ' ., .eot1on t 3.,c.,:b~(?rior to occupancy of anYCQJllmerci~ h1.lilding, 13fh Place South .." .S~t(rtheSOuthprQperty line and South 340th Street fr(}tn Pacific Highway South to the interseCtion of13t1,l.Place$Quthextended, shall be constructed tQ;~~pplicable standards.") . Our requested amendmehts would allow phasing of the infrask1lctureCoIilmc;qs~te with the phasing of the townhQln~ dev~}opment and the phasing of the mixed ~ deV'elOptnent. Thank. you foryol.lf g>nsideratj~n of our ~quest. t~. c: DanBiles 361129TI1 Avenue West Seattle, Wasblagton'S199 Pbone: (206) 579-0fJ88 Fax: (206) 284-6099 emait: jpottef936@aol.com t=:i(H ~ Pl~'f' 3 -j",H.J j "- ~ ORDINANCE NO. " , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTll!~ AMENDMENTS T<;> _ ORDINJ\NCE 07-556, AMENDING ORDINANCE 05-490, RELATING TO THE CONDmONS OF ZONING APPROVAL FOR FEDERAL WAY VILLAGE (aka KITTS CORNER) (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405,03-442,04-460,04-461,04-462,05-490,05-491,05-492,07-55~. ,~ WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA'') requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27, 2003, July 20,2004 and June 16, 2005; and WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), based on specific conditions as contained in said ordinance; and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Community Business (Be) and approximately 27 acres west of a dividing line would be designated Multi-Family (RM 2400); the dividing line described as a line extending southwards from the South 336th Street right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point Doc, 1.0; DRAFT EXHIBIT if .-~.",-~ approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point said "- , line follows the middle of the 13th Place South extended right-of-way to the south property line of Parcel .~--.. L_ r...- No. 202104-9004; and WHEREAS, the applicant submitted an application for a Master Plan for the Federal Way Village ,~ site in January 2007; and WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and WHEREAS, in June, 2007 the City Council of the City of Federal Way adopted Ordinance 07-556 that amended the conditions of approval of the approximately 19 acres of that portion of the site zoned Community Business; and WHEREAS, in February, 2008, the City's SEPA Responsible Official issued a Mitigated Determination of Nonsignificance on the Federal Way Village Master Plan that considered phased implementation of the required public roadway network; and WHEREAS, in May, 2008 the City of Federal Way received a request to further amend the conditions of zoning approval to allow for the phased construction of required public right-of-way within the site consistent with phased construction of the proposed zero-lot line townhouse subdivision and mixed use commercial portions of the site; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. On June 18,2008, the City's Planning Commission considered the request for a change in the conditions of zoning approval to allow for phased construction of required public right-of- way within the Federal Way Village site; 2, On July 7, 2008, the Land Useffransportation Committee of the Federal Way City Council considered the request, based on recommendation by the Planning Commission, following which it recommended adoption of the Planning Commission's recommendations; 3. On July 15,2008, the full City Council considered the request for a change in the conditions Doc. 1.0, DRAFT ,.... of zoning approval to allow for phased construction of required public right-of-way within the Federal Way Village site at which time it adopted the Planning Commission's recommendation as forwarded,by the LandlUse Transportation Committee:-; WHEReAS, the City Council desires to approve the request for a change in the conditions of zoning approval for the construction of required public right-of-way within the Federal Way Village site based on the amended conditions as contained in Section 3 of this ordinance. _ # Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section I. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed amendment-s to the conditions of zoning approval will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Section 22-526, and based upon the Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria for adoption of the amendments to the conditions of zoning approval for the Village at Federal Way: A. The proposed amendments, as set forth in Section 3 below, would conform to the conditions of zoning approval by providing for construction of public right-of-way identical in design to that originally envisioned, and consistent with the comprehensive plan because right-of-way segments will be constructed in phases consistent with the phasing of overall site development. B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, will allow development of the site in phases to better respond to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the Comprehensive Plan. C. The proposed amendments to the conditions of zoning approval, as set forth in Section 3l Doc. 1.0. DRAFT below, are in the best interest of the residents of the City because they are consistent with, and "', substantially implement, the following comprehensive plan goal and policy by allowing development of .~..~ ...... - the site in phases as a commercial! residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community'~image. ,# LUP40 Encourage transformation of Pacific Highway (SR-99)~unity Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Section 3. Conditions of Approval. The request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), with approximately 19 acres to be designated Community Business (Be) and approximately 27 acres to be designated Multi-Family (RM 2400), shall be approved based on the following conditions, as amended: I. Prior to construction of any new buildings, a single Master Plan for the entire Multi-Family (RM 2400) and Community Business (Be) zoned site shall be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEP A) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104-9069,202104-9070,202104-9001,202104-9090,202104-9086, 202104-9080, 202104-9072, and 202104-9004. 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings, b. Site-wide pedestrian connectivity. c. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways, On-site parking shall not be allowed between buildings and public right-of-ways, except the Director of Community Development Services may approve one double-loaded parking row between a building and right-of-way due to extenuating Doc 1.0, DRAFT circumstances. "'- . d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous small~ buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings, These anchors shall not exceed 140,000 square feet of gross floor area, excluding integrated structured parking. The maximum footprint of anyone anchor shalll!ot exceed 80,000 square feet. Anchor facades shall not exceed a~dth to depth ratio of 1.25:1. - f. Commercial mixed use buildings should not exceed 30,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5: 1. .~ g, Commercial! residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 2: 1. h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non-anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fayade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor, non-mixed use facades shall not exceed a width to depth ratio of 2: 1. 1. ,Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. J. On-street parallel parking is encouraged where feasible. k. A minimum of five percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. Doc. 1.0. DRAFT "- . l. Vehicular service stations are not permitted, Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-of-way, and shall not exceed two fuel islands with a total of up to~eignt vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections:- - ,~ a. 13th Place South..from South 336th Street to the south pr~line; b. South 340th Street from Pacific Highway South to the intersection of 13th Place South extended; c. A roadway connecting from South 336th Street t1rrough the residential area, connecting to 13th Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. a-: Prior to oeeupafley of any residential building on the site, So\:ltl:t 34911I Street from Paeifie Highway Soath. to the interseetion of 1311I Place South extended, and the read...vay ':fithin the resideatial area eOflfleating to Seuth 33611I Street, shall be eonstrueted to meet all applieable standards. Tmffie ealming de'/iees t'll:leh as speed lmmps, speed tables, traffic oireles, eme8ftes, em-b exteBsions, signs, pavement markings, or other ealH'ling deviees as approved by the P1:lblie 'J! orks Direater shall be moorporated '.vithin the residential roadway. Signal modifieations at Paoifio Highway South aHd South MGIII Street intersection may be required to provide safe aeeess. ,.^..ltematiyely, the de'/eloper may construet the extension of 1311I Place South from South ~III Street to its interseetion with the l'lroposed residential road as a traffia eirele. This would eliminate the need for the eonstruetion of South 34011I Street from Paoifie High\va-y Somh to the interseetion of 1311I Plaee Soath extended, and the segmeRt of 1311I Place SOl;lth between South 34011I Street and the interseetiaB of the residem:ial road\'la)' (traffie effele). a. Prior to occupancy of any residential building on lots 1-34. the segment of Roadway A from the southern lot line of Lot 34 northward to South 336th Street. as set forth in Exhibit A attached hereto. shall be constructed to meet all applicable standards. Traffic calming devices such as speed humps. sl'eed tables. traffic circles. chicanes. curb extensions. signs. pavement markings. or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway, b. Prior to occupancy of any residential building on lots 35-95, South 340th Street Doc. to. DRAFT ,..... ,# from Pacific Highway South to the intersection of 13th Place South extended. and Road C from the intersection of 13th Place South extended westward to the intersection with Road. A. as set forth in Exhibit B attached hereto. shall be constmcted to meet all applicabkHitandards. In addition. the segment of Road A from the northern lot line of Lot 35 southward to the intersection with Road B shall be constructed to meet all applicable standar~s.. Traffic calming devices such as speed humos. soeed tables. traffic circles. chicanes. curb extensions. signs. pavement markings. or other calming devices as approved by the Public Works Director shall be inoofPorated within the residential roadWays. SIgnal modifications at Pacific Highway South and South 340th Street intersection may be required to provide safe access. ~Jr. Prior to occupancy of any commercial building, 13th Place South from South 336th Street to the south property line, and South 340th Street from Pacific Highway South to the intersection of 13th Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336th Street & 13th Place South) and/or signal modifications (pacific Highway South & South 340th Street) may be required as determined through the SEP A process. Alternatively. the developer may construct 13th Place South from South 336th Street to the south property line. and S. 340th Street from Pacific Highway South to the intersection of 13th Place South in phases consistent with phased site construction. A phased construction alternative shall be subiect to submittal of a phased development plan and approval by the Public Works Director. 4. All new public streets shall include traffic calming features. 5. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed. 6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from one location along South 336th Street and shall include a public roadway connecting through the residential area, across the existing berm ofWetIand No.2, and connecting to 13th Place South extended. 7. No more than one anchor building, or a maximum of 80,000 square feet of commercial building area, may receive a Certificate of Occupancy on the site without the prior construction of a minimum of 75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Doc. I.D. DRAFT Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including. but no limited to. the correction of scrivener/clerical :-. '. .~.:-~ errors. references. ordinance numbering. section/subsection numbers and any references thereto. ,~ Section ~ 6. Ratification. Any ac~ consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affIrmed. Section 60 7. Effective Date. Thi~ ordinance shall take effect and be in t; five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this , 2008. day of CITY OF FEDERAL WAY Mayor, Jack Dovey A TIEST: City Clerk, Laura Hathaway APPROVED AS TO FORM: City Attorney, Patricia A Richardson FILED WITH THE CITY CLERK; PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: DRAFT Doc. 1.0, UUH , ~'::i;: I '''.=.,,= I ..,::,r.;'~ _M V 1181HX3 3~~~;~~~:;;~;~~'~ ;M'~i~' ! ~ ~ · ,ro" " t I ' 011 '3DV111^ AVM 1V~3a3:J :. II ~;i ~ .e+ ~ ~ I~ I~! ~ I I~ ~ ~ 15 ~i i E~! ~:: ~ ~! ~bb ~~ i i I IIII I ! I ! ! 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I '\)" Ii) 01 ~ ~ ->- 0~ I , '('~O I ~~ -11\ 11\ ~ /II :It CI III I/) >- I/) ~ 9 ~ Q 0: If ~ 9 ~ ~ 0 Q ~ ,----------- '0 I J <;.'\. : '-\I\~--~-----' ~~ r -~ '-~~---- 't,t; ,-, : -.) : ~--_.! ~ 1 "I _ , CITY OF FEDERAL WAY PLANNING COMMISSION June 18, 2008 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Sarady Long. Commissioners absent: Bill Drake (unexcused). Alternate Commissioners present: Tim O'Neil. Alternate Commissioners absent: Kevin King (excused). Staff present: Senior Planner Margaret Clark, Senior Planner Janet Shull, Senior Planner Lori Michaelson, Development Services Manager Will Appleton, City Staff Attorney Monica Buck, and Administrative Assistant E. Tina Piety. Chairman Pfeifer called the meeting to order at 7:05 p.m. DUff Commissioner Carlson moved and it was seconded to move the public hearing on the Federal Way Village Rezone Ordinance to the beginning of the meeting. The motion passed unanimously. COMMISSION BUSINESS PUBLIC HEARING - Federal Way Village Rezone Ordinance Amendment Commissioner Long recused himself because he is working on this project as city staff. Ms. Shull delivered the staff presentation. The applicant is requesting to modify condition number 3 of the conditions of rezone for Federal Way Village in order to allow for phased construction of required interior roadway network. Chair Pfeifer opened the meeting to public testimony. Jon Potter, Federal Way Village LLC - He told the Commission that the request is motivated by infrastructure costs. In the residential section, a large portion of the roadway does not have housing on both sides, which leads to a greater cost to construct the roadway. They would also like to avoid mass grading and grade the site in phases closer to the point when they expect to be able to build in each. Commissioner Carlson asked why the choice was made to end the road at lot 34 instead of lot 31. Mr. Appleton responded that the city has a maximum dead-end length and ending at lot 34 meets that maximum. Commissioner Bronson asked how the fire department feels about the cul-de-sac. Ms. Shull replied the fire department was involved in the review process. They are satisfied as long as there is room for their vehicles to turn around. Chair Pfeifer asked if allowing the work to be done in phases would delay the project. Mr. Potter replied they do not anticipate it will delay the project; rather it should allow them to move quicker. Chair Pfeifer asked ifthey have carefully considered all aspects of the project so that further amendments will not arise. Mr. Potter answered that it is not possible to foresee all contingencies (they did not expect the downturn ofthe residential market, which led to this amendment request), but have done their best and do not anticipate further amendment requests. He did mention they had submitted for a comprehensive plan amendment to change the boundary between the Community Business and Multi-Family zones. Commissioner Elder expressed concern about mass grading (a concern shared by other Commissioners). She does not want to see a large area cleared of all trees sitting for an unknown number of years waiting for houses to be built. Mr. Potter responded that the city staffhas expressed this concern a number of times. They want to keep the city and citizens happy and do not plan to mass grade. They expect grading to be phased with the development and will work out the details with the builder. K:\Planning Commission\2008\Meeting Summary 06-18-08.doc Planning Commission Minutes Page 2 June 18, 2008 Commissioner Elder moved (and it was seconded) to amend the proposal as recommended by staff. Commissioner Bronson expressed his concern that there is no time-line. Specifically, he is concerned that the area may be graded and sits for years with nothing happening, and then someone comes in with more changes. Commissioner Carlson commented that plats have a five year deadline and asked if the applicant has requested to extend that deadline. Ms. Shull replied that staffhas discussed this issue with the applicant and the applicant feels there will be progress on the project and they will not need to extend the deadline. Commissioner Elder commented that she feels obligated to allow the applicant to make amendments because the city allowed a church to make amendments to their master plan to allow development in phases. The vote was held and the motion passed unanimously. ApPROVAL OF MINUTES None AUDIENCE COMMENT None ADMINISTRATIVE REpORT Ms. Clark informed the Commission that the next meeting probably will not be until August. Staffwill inform the Commission of actual dates when they are known. COMMISSION BUSINESS STUDY SESSION - Code Amendment to Allow Cargo Containers in Commercial and/or Residential Zones Ms. Michaelson delivered the staff presentation. There has been an increase in the number of inquiries and applications for cargo containers. Cargo containers are not specifically addressed in current codes, with some exceptions, such as temporary construction trailer and schools are allowed to use them to store emergency supplies. They are sometimes placed inappropriately and can impede traffic circulation, parking, sight distance, etc. In addition, they are not typically designed for aesthetics and can rust and become unsightly over time. The proposed code amendment will address concerns about placement, bulk and scale, design, screening, and ensure compatibility with adjacent properties, particularly residential areas. Cargo containers come in a variety of shapes and sizes and may include custom modifications, like windows, doors, vents, etc. Most containers are eight feet wide by eight feet tall, but can go as large as 24 to 40 feet in length. They were developed to hold and transport cargo via ships, trains, or trucks and have typically been found in industrial/heavy commercial areas. They are increasingly found in non-industrial areas where they are used for a broad range of temporary or permanent uses. Temporary uses include moving and storage operations, active construction sites, emergency management sites, etc. Permanent uses include accessory storage of equipment, supplies, inventory, and other property. In addition, they can be customized for used as non-residential habitable space for offices, work areas, booths, or stands. One type of container that is becoming increasingly popular in residential areas are Portable On Demand Storage or PODS. PODS are delivered to the property by the container company, retrieved whn loaded, and delivered to the company's storage warehouse or other destination as specified. K:\Planning Commission\2008\Meeting Summary 06-18-08,doc Planning Commission Minutes Page 3 June 18, 2008 There are a number of containers in Federal Way; temporary and permanent. Some, but not all, have received city approval. Many would be nonconforming under the current code. Staffs preliminary recommendations include prohibiting storage of containers on a permanent basis in residential zones, except as accessory to schools. The recommendation considers allowing them for other institutional and quasi-institutional uses, like government facilities, churches, hospitals, and community facilities. Staff recommends continuing to allow containers in non-residential zones if accessory to an approved use, subject to administrative approval criteria. Such criteria would include, but not necessarily be limited to: the same design and screening requirements that apply to the principal use; outdoor storage areas; design guidelines; etc. Staff recommends that containers that are located in, or visible from, residential zones be fully enclosed within an approved stick-built structure, and/or solidly screened, and be limited by size and/or number. In addition, staff recommends considering other zone-specific restrictions such as, containers may not be habitable, may not be refrigerated, may not be stacked, etc. Finally, staff recommends continuing to allow and clarify provisions for temporary uses and address PODS and similar units. Commissioner O'Neil asked if PODS go through a permit process. Ms. Michaelson replied that currently there is no permit process for PODS and no regulations. Staff suggests that regulations be developed, such as how long they may placed in an area and where they may be placed (if placed on a driveway, want to ensure they are not blocking and have good sight distance). They could be allowed outright, with the understanding they must meet code, or the city could impose a simple permit process that would require a small fee. The city does not want to be onerous to the owner, but believes there should be some regulations to ensure health and safety. Commissioner Elder is opposed to regulations for PODS. She commented that the city already has too many regulations telling people what they can and cannot do on their own property. She asked if there have been many complaints. Ms. Michaelson replied that to her knowledge, the city has not received any complaints about PODS and few for other containers. Commissioner Carlson commented that he thinks the staff is heading in the right direction. Provisions for temporary containers should be simple and more exacting for permanent containers. The city should distinguish between the uses for containers. He agrees with the staff recommendations for containers near or in residential areas. Commissioner Long also thinks the staff is heading in the right direction. However, he does not see a difference between PODS and V-Hauls and therefore, sees no reason to have a permit process for PODS. Commissioner Bronson is concerned about requiring a stick-built structure (and therefore flammable) around fire- proof containers. He is concerned the stick-built structure could catch fire and damage the container. He would prefer paint to a flammable curtain. He sees no problem with requiring containers to be screened. He does have some concern that screening the container could hide it from those looking for a container with emergency supplies. He would be willing to have regulations for PODS, but does not feel there should be a permit process. Commissioner Carlson asked what percentage of permanent containers is used for emergency supplies. Ms. Michaelson replied that she does not have the number, but any containers at a school may only be used to store emergency supplies. . Commissioner Medhurst commented that as staff develops the regulations, they should be aware that some retailers use containers to store seasonal goods and supplies. He also asked if there is compliance issues staff should consider, such as if a store uses parking for a container, will it mean they do not meet the parking requirements? Commissioner Long asked if the city has a restriction for how many temporary containers a site may have. Ms. Michaelson replied that issue is not addressed in the current code. K:\Planning Commission\2008\Meeting Summary 06-18-08,doc Planning Commission Minutes Page 4 June 18,2008 In her PowerPoint presentation, Ms. Michaelson had pictures of containers currently found in Federal Way. Commissioner Long noted that one of the pictures showed a container with merchandise alongside and on top of the container. He suggested that no external storage be allowed, all material must be inside the container. Commissioner O'Neil asked how much of a problem are cargo containers? Ms. Michaelson replied that the city is receiving questions about whether a container can be brought on-site. Ms. Clark responded that people are locating them without asking the city first. Cargo containers are becoming more common and the city feels we should address the issue. Commissioner Bronson requested that churches and community agencies be added to the regulations that allow cargo containers that hold emergency supplies, since some of them do store emergency supplies. Commissioner Medhurst asked staff to consider, if a site is allowed outside storage, would having a cargo container change that. Chair Pfeifer commented that the Commission has a consensus that the city should take a "soft" approach when dealing with PODS. In addition, large permanent containers should not be allowed in residential areas, with the current exception for use of storing emergency supplies. Currently, containers that are used at construction sites are to be removed when the construction is complete. This does not always happen. Chair Pfeifer suggested the staff consider requiring a bond for construction containers that can be used if the container is not removed. ADDITIONAL BUSINESS Commissioner Elder asked at what point a building would be too high for our fire department to successfully fight. Ms. Clark responded that she will ask the fire department and will let the Commission know. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:50 p.m. K:\Planning Commission\2008\Meeting Summary 06-18-08,doc